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ACTS AM) JOINT RKSO LIT IONS

OF Tin:

GENERAL ASSEMBLY

OF TJIE

STATE OF SOUTH CAROLIXA,

PASSED AT THE

REGULAR SESSION OF 187 1-7 2.

pri:mted by order of the general assembly, and deskjned to

form a part of the fifteextii volume of tue statutes

at large, commencing with thi: a( ts of ls71-'72.

COLUMBIA, S. C:

REPUBLICAN PRINTING COMPANY, STATE PRINTER-S.

1872.

SCHOOL OF LAW
COLUMBIA, S. a

LIST OV ACTS AND JOINT RESOLUTIONS.

ACTS.

PAGE

Appropriation. An Act to muke appropriation for the payment of
the per dioin and mileage of the Members of tlie General As-
sembly, and the salaries of the Subordinate Oflicer.s, and other
expenses incidental thereto 1

Midway. An Act to incorporate the town of Midway 2

Conveyances. An Act to more efleetually provide for the recording

of all conveyances of real estate o

Chemical and Soap Company. An Act to incorporate the Huntoon

Chemical and Soap Company, of South Carolina 0

Union. An Act to amend the charter of the town of Uuion 7

Code of Procedure. An Act to amend Section two hundred and
seventy-nine of the Code of Procedure of the State of South
Carolina 12

Mountaineer Fire Engine Company. An Act to incorjioraie the
Mountaineer Fire Engine Company, of Walhalla, South
Carol i na 12

Oconee ('uunty. An Act to validate the action of the County Com-
missioners of Oconee County, in exchanging and conveying
the lot ceded to them to build a jail upon 1")

Debating Club. An Act to incorporate the Young Men's Africauus

Debating Club 1 •>

Strawberry Ferry. An Act to renew the charter of Strawberry Ferry

over the Cooper River 14

Georgetown. An Act to alter and amend the eharter of the town of

Georgetown !•>

Honea Path. An Act to amend an Act entitled "An Act to incor-
porate certain towns and villages, and to niuw and aiin«ul
certain charters heretofore granted." !•>

WrighLnHlle. An Act to amend an Act (No. .'^82) entitl.d " An An
to grant, renew and amend the charters of certain towns an«l
village-s therein mentioned," eonnnencing with Section No. 3G
of said Act, relating to the incorporation of the town of
Wrightsville, passed at the Regular Session of the General
Assembly of tlie State of South Carolina, 1870-71 16

ir LIST OF ACTS.

PAGE

WalOoo Wharf Company. An Act to incN^rpKrate tlu- Wullioo Wliaif

Com |)iiiiy 23

Judges of Probate Court. An Act to empower the Judgcts of the
Probate Court, in then' re,'<j)ectivc' Counties, to issue execu-
tions 23

Free Eiitrrpri.'<f Coinu-il. An Act to iucorj)orJite tlie Younjr Men's
Free Enterprise Council, No. 1, of Georjretown, South Caro-
lina 23

Belton. An Act to charter the town of Belton, in the County of

Anderson, and State of South Carolina 24

E, F. Englith. An Act authorizing E. F. English to build a dock

and col lect wharfage at Port Royal City 28

Scott Rifle Guard.i. An Act to incorporate the Scott Rifle ( hiards,

of Sumter 28

Palmetto Fire Engine Comjxiny. An Act to renew the charter of

the Palmetto Fire Engine Company, of Columbia 29

Walterhoro Male Academy. An Act to amend an Act entitled " An
Act to incorporate the Trustees of the Walterboro ^lale
Academy." 29

Divorces. An Act to regulate the granting of divorces 30

Relief Loan Association. An Act to revive and extend the charter

of the Relief Loan Association, of Charleston 32

Militia. An Act to alter and amend an Act to organize and govern

the militia of the State of South Carolina 32

Commercial Fertilizers. An Act to regulate the manufacture and

sale of commercial fertilizers in the State of South Carolina. 33

Enterprise Association. An Act to incorporate the Enterprise Asso-
ciation, of Charleston, South Carolina 34

Bureau of Agricidtnral Statistics. An Act to repeal an Act entitled
" An Act to establish a Bureau of Agricultural SUitistics for
the encouragement of industrial enterprises, and to invite
capital to South Carolina for the development of the resources
of the State." 34

Appropriation. An Act to make appro|)riation for the payment of
the per diem of the menibers of the General Asseml)ly and
the salaries of the subordinate officers, ^lul other expenses in-
cidental thereto 35

Chester ji eld. An Act to incorporate the town of Chesterfield 36

Arms. An Act to repeal a Joint Resolution authorizing the Gov-
ernor to purchase two thousand stands of arms of the most
approved pattern, with the usual complement of ammunition,
approved March 16, 1869 36

LIST OF ACTS. II r

v\(.i:

Genera/ Slatufcs. An Act to sippnive, adopt and nKik(! of force tin;
General Statutes of the State of South Carolina, prepared
nnder the direction :ini] by the authority of the Geueral As-
8«-mbly 37

Hoad III- liarmvcll and Orancjeburg Countic.'^. An Act to e8tal)li.sh

a public road in Barnwell and Oranii:cbnrj,f Counties 38

Convict Labor. An Act to rej:fuhite the labor of persons confined in

the Penitentiary of the State of South Carolina .'58

Mechanics and Farnieri Building and Loan Association. An Act
to incorporate the Mechanics' and Farmers' Building and
Loan Association, of Richland County, South Carolina 39

Clerh of Courts to Take Testimony. An Act to authorize Clerks of
the Courts of Common Pleas to take testimony in certain
cases 41

Right of Way. An Act to provide the manner for obtaining the

right of way where lands are surrounded by other lands 42

Bridge over Wateree River. An Act to authorize the erection of a

certain bridge over Wateree River 43

Redemption of lAutds Sold by General Canby. An Act to provide
for the redemption of certain lands sold under order of Gen-
eral Ed. R. S, Canby for taxes 45

Pendleton Male Academy. An Act to renew the charter of the Pen-
dleton Male Academy 46

Sa.vton Rifiemen. An Act to incorporate the Saxton Riflemen, of

Charleston, South Carolina 47

Hamburg. An Act to amend an Act entitled " An Act to charter

the town of Hamburg," approved February 28, 1871 .'.. 48

Wallingford Church and Academy. An Act to incorporate the Wal-

lingford Church and Academy, of Charleston 48

Land Commissioner. An Act to repeal an Act entitled " An Act to
provide for the appointment of a Land Commissioner, and to
define his powers and duties." 49

Jail at Blackcille. An Act to recjuire the County C<immissioners of
Barnwell County to construct a jail at lUackville, the
Ct)U nty seat ^O

Cheraiv Fire Company. An Act to incorporate the Cheraw Fire
Engine Company as a part of the Fire Depiirtmcnt of th"
town of Cheraw ■»!

Oil Company. An Act to incorporate the Carolina Oil Company... ol

Flat at Bonnr((u Frrry. An Act to authorize the County Commis-
sioners of Charleston County to place a flat at Bonneau
Ferry '"*3

Pilotage, An Act to regulate pilotage at the port.-* of Charleston,

Beaufort and Georgetown 53

IV LIST OF ACTS.

PAGE

Cokeshury. An Act to amend an Act entitled " An Act to incorpo-
rate the town of Cokesbury." 63

Brotherly Association. An Act to incorporate the Brotherly Asso-
ciation, of Charleston, S. C 63

Apportionment of School Funds. An Act to provide for the speedy
apportionment of State appropriations for the support and
maiiitenauce of free common schools 64

Wm. X. Martin. An Act to change the name of Wm. Nathaniel

Martin, and to make him one of the lecral heirs of his father, 64

SpAnrjfield BnptiH Church. An Act to incorporate the Spriu^rheld

Baptist Church, of the city of Greenville, South Carolina... 65

Public Road. An Act to authorize the County Commissioners of
Barnwell County to establi.-h a public road from Binaker's
Bridge via the town of Graham's and Honey Ford, across
the Big Saltkehatchie Swamp, in the vicinity of Rush's Mill,
to intersect the Buf^rd's Bridge and Barnwell Road at that
point 6o

Bennetlicille Acadctnical Society. An Act to revive and renew the
charter and corporate privileges of the Trustees of the Ben-
nettsville Academical Society 66

Imbeciles. An Act to require the County Commissioners to remove
imbeciles from the Lunatic Asylum to their respective County
Poor Houses 67

State Savin(js Bank. An Act to charter the State Savings and Insur-
ance Bank, of Anderson, South Carolina 67

Yemassee and Millen Railroad. An Act to amend an Act entitle«l
" An Act to charter the Yemassee and Millen Railroad Com-
pany, in the State of South Carolina." 70

Columbia, Walterboro and Yemassee Railroad. An Act to amend
an Act entitled " An Act to incorporate the Columbia, Wal-
terboro and Yema.ssee Railroad Company." 70

Combahee Ferry. An Act to re-charter the ferry over the Combahee

River, South Carolina, known as the Combahee Ferry 71

Lee Abrams, et al. An Act to change the names of Lee Abrams,
Dunklin Abrams and Mary Abrams to Lee Ferguson, John
Ferguson, Dunklin Ferguson and Mary Ferguson, respect-
ively, and to permit Charles M. Ferguson to adopt them and
make them his lawful heirs 7J

Presbyterian Church of Smyrna An Act to renew, amend and ex-
tend the charter of the Trustees of the Presbyt<'rian Church

of Smyrna, in Newberry County 72

Alien-*. An Act to authorize aliens to hold property 73

Lewisville. An Act to incorporate the town of Lewisville, S. C 73

LIST OF ACTS. v

PAGK

Blue Ridge Railroad Company. An Act to relieve the State of
South Carolina of all litibility for its guaranty of the bonds
of tiie Blue Ridg^e Railroad Company, by providing for tlie
securing and destruction of the siinie 7'.*

Smithville. An Act to incorporate the village of Sniithville, Christ

Church Parish H'.',

Orangeburg. An Act to amend the charter of the town of Orange-
burg K\

Walhalla Female College. An Act to charter the Walhalla Female

College 84

Land and Real Estate Comj)any. An Act to incorporate the Provi-
dent Land and Real Estate Company, of Charleston, South
Carolina 85

National Guards. An Act to incorporate the "Willtown National

Guards, of Colleton County 86

A2ypropriation. An Act to make appropriation for the payment of
the per diem of the members of the General Assembly, and
salaries of the subordinate officers and employees, and other
expenses incidental thereto 87

Mount Zion Church. An Act to incorporate the Mount Zion M. E.

Church, of Kingslree, S. C 88

Spartanburg Female College. An Act to incorporate the Spartan-
burg Female College ^^

Frog Level. An Act to re-charter the town of Frog Level ^H

Roch Hill. An Act to grant, renew and amend the charter of the

village of Rock Hill, in the County of York 9l>

Market House at Xewbemj. An Act authorizing the Town Council
of the town of Newberry to erect a market house on a lot of
land belonging to the County of Newberry !'•">

Quarantine. An Act to amend an Act entitled "An Act to es-
tablish quarantine at Georgetown, Charleston and Hilton
Head" W

Camden. An Act to amend an Act entitled "An Act to extend the

^limits of the town ofCamden." 07

3fullins. An Act to incorporate the town of Mullins, in Marion

County,South Carolina i^8

Charleston Joint Stock Company. An Act to incorporate the
Charleston Joint Stock Company, of the State of South Caro-
lina, for the benefit of the State Orphan Asylum 100

Inspector of Pho.^phale.-i. An Act to provide for the appointment of

an Inspector of Phosphates, and to declare his duties 104

Anderson Farmers' and Mechanics' Association. An Act to incorpo-
rate the Anderson Farmers' and Mechanics' Association 107

VI LIST OF ACTS.

PAGE

New Cotirt Hous'-. An Act to provide for the construction of anew

Court House in and for the County of Richhmd 107

Ralc'ujh, Columbia and Au<ju«ta Air Line JiuKrond. An Act to
charter the Raleigh, Columbia and Augusta Air Line Railroad

Company lOM

Carolina lAijht Infaninj. An Act to incorporate the Carolina Light

Infantry, of Charleston, S. C 11<>

Lancaster. An Act to amend the charter of the- town of Lancaster.. Ill
Mechanics' Union. An Act to incorporate the Journeymen Me-
chanics' Union, of Charleston- 112

Deutscher Bruderlichcr Bund. An Act to incorporate the Deut^cher

Bruderlicher Bund, of the city of Charleston 112

Manufacturing and Lnprovement Company. An Act to incorporate

the Beaufort Manufacturing and Improvement Company 113

Hook and Ladder Company, Xo. 3. An Act to incorporate the

Charleston Hook and Ladder Company, No. 3 115

Bed Bank Manujaeturiny Company. An Act to incorporate the Rud

Bank Manufacturing Company, of Lexington County 116

Pickens. An Act to amend an Act entitled " An Act to incorporate

the town of Pickens," 116

Little River and C/ieraw Railroad Company. An Act to charter

the Little River and Cheraw Railroad Company 117

Payment of Certain Debts by Aiken County. An Act to provide for

the payment of certain debts by the County of Aiken 119

Big House Ferry. An Act to charter Big House Ferry, over Beau-
fort River, in Beaufort County 119

Lidebtedness of Darlington County. An Act to provide for the pay-
ment of the past indebtedness of Darlington County, and for

other purposes 1 20

Mishaiv Light Lifantry. An Act to incorporate the ^lishaw Light

Infantry, of Charleston, 8. C 121

Nazareth Prexbyterian Church. An Act to incorporate the Naza-
reth Presbyterian Church, of Spartanburg County 122

Aiken Light Lifantry. An Act to incorporate the Aiken Light In-
fantry, of Aiken, S. C •. 123

Williamston. An Act to renew and amend the charter of the town

of Williamston 123

Little Rock. An Act to incorporate the village of Little Rock, in
the County of Marion, and for other purposes therein men-
tioned 130

Star Fire Company. An Act to incorporate the Star Fire Engine

Company, of Georgetown 135

Beaufort. An Act to amend the cliarter of the town of Beau-
fort 136

LIST OF ACTS. vn

PAfJE

Jocleij Club. Au Act to inc<)ri)onitt' the Colli iiil)ia.Jock(.'y Club l:)9

County Commvisloners. An Act conferring; upon the County Com-
missioners certain powers in rehition to the license and sale of
intox icatinj; liquors 1 3'J

James McCi(/lov;/k. An Act to permit James McCullough to adopt,
change the name of, and make his hiwlul heir, Jos(;ph Allen
Stepp 140

Union Savui(/s Bank. An Act to charter the Union Savings Bank,

of Georgetown, S. C. 140

Firemen's Union. An Act to incorporate the Firemen's Union, of

Charleston, S. C 143

Ancient York Masons. An Act to incorporate the Grand Lodge of
Free and Accepted Ancient York Masons, of the State of
South Carolina, and the Subordinate Lodges under its juris-
diction 144

Hope Steam Fire Engine Compamj. Au Act to renew the charter

of the Hope Steam Fire Engine Company, of Charleston 146

Code of Procedure. An Act to amend sundry Sections of the Code

of Procedure, relating to the Circuit Courts 146

Charleston, Georgetown and Co}iwayboro Railroad Company. An
Act to incorporate the Charleston, Georgetown and Conway-
boro Railroad Company 149

Beaufort FTorse Railroad ( 'ompany. An Act to incorporate the
Beaufort Horse Railroad Company, in the town and County
of Beaufort 152

Teachers' and Juror-'< Pay Certificates. Au Act to prevent certain
officers from buying, discounting or shaving Teachers' Pay
Certificates, or other orders on School Funds or Jurors' Cer-
tificates 153

Bull River and I*ort Royal Railroad Company. Au Act to incorpo-
rate the Bull River and Port Royal Railroad Company 153

ErsLine College. An Act to renew and amend the charter of Kn-

kine College, at Due West, in Abbeville County, S. C 155

Tyrrell and Ida Willard. Au Act to change the name of Tyrrell
Willard and Ida "Willard, and make them the legal heirs of
T. J. Jones 156

Columbia Artificial iStonc and Cement Company. An Act to incorjKj-

rate the Columbia Artificial Stone and Cement Company 156

Orangeburg County Fair Association. An Act to incorporate the

Orangeburg County Fair Association 157

Traction iSteam Engine Company. An Act to iiicorpurjite the Trac-
tion Steam Engine Company, of the city of Columljia 158

Uxeful A7iiin(ils. An Act for the protection and preservation of use-
ful animals 160

VIII LIST OF ACTS.

PAGE

New Judicial and Ehdion Coiudij. An Act to anieiid an Act enti-
tled "An Act to establish a new Judicial and Election County
from portions of the Counties of Barnwell, Eilu'tfichl, Lex-
ington and Orangeburg, to be known as Aiken County." 162

Saint Andrews Lutheran Church. An Act to renew and amend the
chaiter of the Saint Andrew's Lutheran Church, of Ijcxing-
ton County 162

Legitimatizing Certain Children. An Act to empower fathers t(j

legitimatize certiiin children by last will and testament 162

Assessment and Taxation of Propertv. An Act to amend an Act en-
titled " An Act providing for the assessment and taxation of
property," passed September 15, 1808, and all Acts amenda-
tory thereto 163

Charleston Loan Association. An Act to incorporate the Charles-
ton Loan Association, of the city of Charleston 166

Mountain Lodge. An Act to re-charter the Mountain Lodge, No.
15, of the Independent Order of Odd Fellows, of Greenville
County. S. C 168

Advances for Agricultural Purposes. An Act to amend an Act enti-
tled "An Act to secure advances for agricultural purposes.". 169

Big Bay and Adayns' Jiim Pail road Company. An Act to charter
the Big Bay and Adams' Run (narrrow gauge) Railroad
Company 169

General Elections. An Act to amend an Act to provide for general

elections, and the manner of conducting the same 170

Agricultural College and Mechanics' Listifute. An Act to incorpo-
rate the South Carolina Agricultural College and Mechanics'
Institute 172

Public Ferry. An Act to establish a public ferry in Fairfield

County 175

James C. Thompson. An Act atithorizing James C. Thompson and
wife, Elizabeth Thompson, to adopt the child of ^lary Couch,
and to give it the name of James Lawrence Orr Thompson,
and make it hia lawful heir 175

Sjiartanburg and Aiken Railroad. An Act to authorize the forma-
tion and to incorporate the Spartanburg and Aiken Rail-
road 176

Goxvensvillc Lodge. An Act to incorporate the Gowensville Lodge,

No. 107, A. F. M., of South Carolina 177

Waccamaw and Little PiviT Canal ComjKiutj. An Act to amend an

Act to incorporate the Waccnmaw and Little River Canal

Company • 178

Pendleton. An Act to alter and amend the charter of the town of

Pendleton 178

LIST 01'^ ACTS. IX

PAGE

Ml. Plea.*iiiit. An Act lo luiit'iid an Act cntilUd " An Act to renew

and amend the charter of the town of Mt. Plea-sont" I'H'J

Marriages. An Act le»^alizini>; certain niairiaL^^'s, and lor otlicr pur-
poses therein meutioucd \^'.\

Reedy River Baptut Church. An Act to incorporate the Reedy

River Baptist Church, of GreenviUe County 1^4

LancaMer Bijirmen. An Act to incorportite the Lancaster Riflnien, 184

Public Highway. An Act to re-o])en a public highway in Richland

County 18.")

Rivers Guards. An Act to incorporate the Rivers Guards, of Ham-
burg, South Carolina ... 18C

School Records. An Act to provide for a uniform system of School

Records.. 18fi

luferior Court for Charleston County. An Act to establish an Infe-
rior Court for the trial of criminal cases in the County of
Charleston , 187

Damascus Baptist Church. An Act to incorporate the Damascus

Baptist Church, in Sumter County, South Carolina 1H9

State Auditor. An Act to abolish the office of State Auditor, and

confer the duties of his office upon the Comptroller General.. 189

Code of Procedure. An Act to amend an Act entitled " An Act to
revise, simplify and abridge the rules, practice, pleadings and
forms of the Courts in this State." 190

3figratory Fish. An Act to amend an Act entitled " An Act to

amend an Act for the better protection of Migratory Fish.".. 190

Charleston Land and Joint Stork Coinpuny. An Act to incorporate

the Charleston Land and Joint Stock Company 191

South Carolina Real Estate and Joint Stock Company. An Act to
incorporate the South Carolina Real Estate and Joint Stock
Com pany 1 ! 12

Sterling Funded Debt. An Act to repeal an Act entitled " An Act
to create a debt of the State of South Carolina, to be known
as the Sterling Funded Debt, the same, or the proeeeils
thereof, to be exclusively used in exchange for, or in payment
of, the existing public debt of said State." 103

Sumter Academical Society. An Act to incorporate the Sumter Aca-
demical Society 19-'»

Code of Procedure. An Act to alter and amend an Act entitled
" An Act to revise, simj)lify and abridge the rules, practice,
pleadings and forms of Courts in thisStat"-." I'.M

License Law. An Act to provide for a General License Law ll'"'

Marion. Au Act to amend an Act entitled " An Act to alter and
amend an Act to iilcorporate tlxe town of Marion, and for
other purposes therein mentioned." 2o:;

X LIST OF ACTS.

PAGE

/*,,'//'.-< Frrri/. An Act to renew ilic charter of" Peay's Ferry over

the Wateree River 203

JJcnk/i Emt'th. An Act to renew the charter of the Conj^regiition
Derekh Enielh, oi I'ath of Truth, of the City of Colunihia,
Sou til Caro 1 i n a 204

Lancaster and Onndoi Railroad Coinpami. An Act to incorporate the
Lancaster and Camden Railroad Company, of South Caro-
lina 204

Lincoln L'ujht Lij'autri/. An Act to incori)oratc the Lincoln Light

Infantry, of Darlington 206

Widown and Orphnnj<. An Act for the relief of the widows and or-
phans of persons killed because of their political opinions... 206

Edido, Caw Caw and Waiter Creek Canal Compamj. An Act to
incorporate the Edisto, Caw Caw and Waites' Creek Canal
Company, of S. C 207

'Merchants Building, Trit^d and Loan Association. An Act to incitr-
porate the Merchants' Building, Trust and Loan Association,
of Aiken, S. C 209

Spartanburr/ and Port Royal Railroad Compani/. An Act to charter

the Spartanburg and Port Royal Railroad Company 210

School in Fi'nitenfiary. An Act to provide for the establishment of

a school in the State Penitentiary 211

Pliarmaceuti'<ts, Apofhecaries and Brur/i/ists. An Act to amend the
law in relation to the license and registration of ])harma-
ceuiists, apothecaries and druggists, and to regulate the vend-
ing of drugs and poisons 212

Public Hif/lnvays. An Act to amend an Act entitled " An Act to

provide for the construction and repair of public highways," 215

Pay of General Axxembly. An Act to regulate the pay of members

of the General Assembly 216

Issuing of Check^s. An Act to regulate the issuing of checks to la-
borers on plantations or elsewhere 216

Greenwood and Auguda Railroad Company. An Act to charter the

(ircenwood and Augusta Railroad Company 216

Mayor and Aldermen of Columbia. An Act to authorize the Mayor
and Aldermen of the city of Columbia to issue bonds, and to
negotiate and sell the same 220

'lown of Grrenuvod. An Act to alter and amend the charter of the

town of Greenwood, South Carolina 223

Zion B'ljitid Church. An Act to incorporate tin" Zion Baptist

Church, of Colombia 226

Sumter Land, Joint Stock and Loan Association. An Act to incorpo-
rate the Sumter Land, Joint Stock and Loan Association, of
Sumter, South Carolina 227

LIST OF ACTS. xi

PAGE

AhhevUle Af/rlciiftnrd/ Sorirli/. An Act to incorporate tlio A))l)eville

Agricultural Society 22!>

Homestead Act. An Act to reduce all Acts ami partn of Acts to de-
tcrniiiie and jierpetuate the homestead into one Act, and to
iiinciid the saino 220

Penitentidri/ and Liniatie AKyhnii. An Act to exempt the keepers,
emplovecp, and other officers of the South Carolina Peniten-
tiary and Lunatic Asylum from military and other duties... 2o2

Buoys and Beacons. An Act for the ])rotection of buoys and bea-
cons 2') )

School Appropriation. An Act to supply the deficiency in the ap-
propriation for the support and maintenance of Free Com-
mon Schools for the fiscal year ending October 31, 1871 233

Lowndesville. An Act to renew and amend the charter of the town

of Lowudesvillc, Abbeville County, S. C 234

St. Marys CJiurch. An Act to renew and extend the charter of the

Roman Catholic Church of Saint Mary's, Charleston 2.'.''^

Land Commissioner. An Act relative to the fees of the State l^and

Commissioner 2.'>9

Belief Loan Asamition, of Glvtrleson. An Act to ame:id an Act,
passed at the present session, entitled " An Act to revive and
entend the charter of the Relief Loan Association, of Charles-
ton." 239

Union Baptist Church. An Act to incorporate the Union Baptist

Church, of Laurens County, South Carolina 240

Darlinrjton Land, Joint Stock and Loan As-focicdion. An Act to in-
corporate the Darlington Land, Joint Stock and Loan Asso-
ciation, of Darlington, S. C 24t>

Town of Ninety-Six. An Act to incorporate the town of Ninetv-

Six 242

Savings Listitation. An Act to incorporate the Peoples' Savings

Institution 245

Citizens^ Building and Loan Association. An Act to incorporate

the Citizens' Building and Loan Association, of Cliarlestun... 248

Villar/e of Iji.-^bon. An Act to charter the village of Lisbon 2.")0

Charters of Certain Totvns and Villages. An Act to amend an Act
entitled " An Act to grant, renew and amend the charters of
certain towns and villages therein mentioned." 250

Causetvay Between Colleton and Beaufort. An Act to establish a
causeway over Big Saltkehatchie Swamp, at Walnut Point,
connecting the C(tunties of Colleton and Beaufort 251

Sullivan's Island Ferry Company. An Act to establish a company
under the name of the Sullivan's Island Ferry Comj)any,
and to modify the charter of the Mount Plea-^ant F'erry Com-
}>any, and for other purposes 252

XII LIST OF ACTS.

PAGE

Fiinners, Laborers' and Mecluinics' Land Company. Au Act to in-
corporate the Farmers', Laborers' and Mechanics' Land
Company, of Orangeburg County, South Carolina 253

Union Sacinrjs Bank. An Act to charter the Union Savings Bank,

of Columbia, S. C .' 254

Gethiemane Baptid Church. An Act to incorporate the Gethseniane

Baptist Church, of Chester County 257

Charleston Land and Joint Stock Company. An Act to establish

the Charleston Land and Joint Stock Company 258

Laureneville. An Act to repeal the charter of the village of Lau-

rensville 259

Wharf by W. C. Garity and Others. An Act to authorize and em-
power W. C. Garity, F. W. Towles and D. H. Towles to
establish a wharf at Martin's Point, Wadmalaw Island,
South Carolina 259

Toivnville. An Act to incorporate the town of Townville, in the

County of Anderson 200

Charleston Loan and Exchange Company. An Act to incorporate the

Charleston Loan and Exchange' Company 263

American Union Literary Club. An Act to incorporate the Ameri-
can Union Literary Club, of Gadsden, Richland County,
South Carolina 265

Saxinrjs Bank. An Act to incorporate the Savings Bank of Aiken.. 266

Wateree Presbyterian Church. An Act to incorporate the Wateree

Presbyterian Church, in Fairfield County 267

Salem Presbyterian Church. An Act to iucorpoiate the Salem Pres-
byterian Church, of Wadmalaw Island, South Carolina 267

Marion Lodge. An Act to renew the charter of Marion Lodge, Xo.

2, L O. O. F., of Charleston, S. C 268

Sons of Temperance. An Act to incorporate the Grand Division of

the Sons of Temperance, of South Carolina 268

Public Road. An Act to declare public a certain road in the County

of Orangeburg 269

Laurens and Aiheville Railroad. An Act to authorize the formation

of, and to incorporate, the Laurens and Asheville Railroad... 269

Orangeburg. An Act to amend an Act entitled " An Act to grant,
renew and amend the charters of certain towns and villages
therein mentioned," approved March 9, 1871 272

Prospect Baptist ( hurch. An Act to incorporate the Prospect Baptist

Church, of Laurens County, S. C 273

Mount Bethel Church. An Act to incorporate the Mount Bethel

Church, of Laurens County 273

ChurcJies of Antioch, New Hope, Bethel Grove and New Bethany. An
Act to incorj)orate the Churches of Antioch, New Plope,
Beihul Grove and New Bethany, of Laurens County, S. C... 274

LIST OF ACTS. xiii

PAGE

ApproprhUions. An Act to make appropriation and rai.>-e supplies

for the fiscal year commencing November 1, 1<S71 274

Financial Agent. An Act relating to the Financial Agent of the

State of South Carolina in the City of New York 277

Bonds of South Girofina. An Act relating to the bonds of the State

of South Carolina 278

South Carolina Rial Edatc, Planting a)id Mining Company. An Act
to incorporate the South Carolina Real Kstate, Planting and
Mining Company '-81

JOINT RESOLUTIONS.

Statutes. Joint Resolution to provide for the re-publication of cer-
tain Statutes of this State and Journals of the General As-
sembly thereof. 283

Re-adjudment of Boundary Line. Joint Resolution to require the
Governor to communicate with the proper authorities of the
State of Georgia with a view to a re-adjustment of the boun-
dary line between the States of Georgia and South Carolina,
and authorizing the appointment of three Commissioners 284

J. A. Mai/ei. Joint Resolution authorizing J. A. Mayes, executor
of the estate of James McBride, deceased, to sell certain
lands and apply the proceeds thereof to the education of the
minor heirs 28o

R. S. Porcher. Joint Resolution authorizing the State Treasurer to

re-issue certificate of State stock to R. S. Porcher 286

Samuel Dogen, et at. Joint Resolution to change the name of Sam-
uel Dogen, Columbus Dogeu and Simon Dogen to Samuel
Farrow, Columbus Farrow and Simon Farrow 287

State Treasurer. Joint Resolution authorizing the State Treasurer
to purchase a set of fire and burglar-proof doors for the
vault in his office 287

E. M. Roie. Joint Resolution to relieve the late County Treasurer

of York County, E. M. Rose, and his bondsmen 287

R. VampiU. Joint Resolution to relieve R. Vampill, Treasurer of

Marion County, of uncollected taxes for the year 1868 288

Judge Piatt. Joint Re^^olution authorizing the State Treasurer to

pay the salary of the late Judge Piatt to his widow 288

Amendment to Conditution. Joint Resolution proposing an amend-
ment to the Constitution of the State of South Carolina 288

Williamburg. Joint Resolution authorizing the County Commis-
sioners of Williamsburg County to levy a spc'oia! tax 289

S. Montgomery. Joint Resolution authorizing the State Treasurer to
pay the widow of Sommerfield Montgomery the sum of two
hundred and fifty dollars 290

XIV LIST OF ACTS.

PAGE

Ceri'ijicntes In,med hij General Assembly. Joint Resolution to pro-
vide for the payment of certificates issued by the General As-
sembly 290

CommUsioncrs and Managers of Elections. Joint Resoluliun to au-
thorize the payment of Commissioners and Managers of Elec-
tions at Special Elections, during the year eighteen hundred
and seventy-one 291

G. Werner. Joint Resolution to authorize and direct the Comp-
troller General to draw warrant in favor of C. Werner, on
the State Treasurer, when certain requirements are fulfilled.. 291

L. S. Langley. Joint Resolution authorizing the State Treasurer to
pay to L. S. Langley, late School Commissioner of Beaufort
County, the sum of one hundred and thirty-two dollars 292

Imac Cowles. Joint Resolution to grant a section of land, in Lan-
caster County, to the widow and minor children of Isaac
Cowles 292

Abbeville County. Joint Resolution to authorize the County Com-
missioners of Abbeville County to levy and collect an addi-
tional tax of two mills upon the dollar 293

State Auditor. Joint Resolution authorizing and directing the State

Auditor and County Commissioners to levy certain taxes 293

State Stock. Joint Resolution authorizing the Slate Treasurer to re-
issue to M. E. Carrere, M. D., and W. M. Wilson, Executors
of Samuel Wilson, decea.sed, certain certificates of State
Stock 294

School Commii<iiioner of Union County. Joint Resolution author-
izing the County School Commissioner of Union County to
approve certain claims of Teachers 295

Amendment to Constitution. Joint Resolution proposing an amend-
ment to the Constitution of the State of South Carolina 295

LIST OF ACTS AND JOINT RESOLUTIOXS.

ACTS.

PAGE

Charleston Water Gompany. An Act to incorporate the Charleston
Water Company, in the city and County of Charleston, South
Carolina 297

Beaufort Baiikivrj and Trud Company. An Act to incorporate the

Beaufort Banking and Trust Company 303

Comptroller General and County Commissioners to Levy Taxes. An
Act authorizing and directing the Comptroller General and
County Commissioners to levy certain taxes... 306

Appropriation. An Act to make appropriation for the payment of
one-third of the salary and mileage of the Members of the
General Assembly, and the salaries of the subordinate officers
and employees, and other expenses incidental thereto 307

License Jjaw. An Act to repeal an Act entitled " An Act to pro-
vide for a General License Law.'' 308

Sites for Light Stations. An Act to provide for the relinquishment
to the United States, in certain cases, of title to lands, for
sites for Light Stations on the coasts and waters of this
State 308

Irish Blfle Club. An Act to incorporate the L•i^h llille Club, of

Charleston, S; C 310

Samuel N. Anderson. An Act to permit Samuel N. Anderson, of
Horry County, to adopt Samuel Lawson,audto make him his
lawful heir, &c 311

Theodore Stark House. An Act to confer the rii;ht of legitimacy

upon Theodore Stark House and Powell House 311

National Cemetery. An Act ceding the jurisdiction of the State of
South Carolina to the United States of America, over certain
lands in the County of Darlington, known as the Natiop.al
Cemetery • ' 1 -

Taxes. An Act ])rovidiiig for the extension of time ior tlio pny-
ment and collection of taxes for the fiscal year commencing
November 1, 1872 '>12

IV LIST OF ACTS.

PAGE

General ^iatuten, Section 2, Chapter XXV. An Act to amend Sec-
tion 2 of Chapter XXV, of the General Statutes of South
Carolina 313

General Statuten, Section 12, Chapter (J II. An Act to amend Sec-
tion 12, Chapter CIII, of the Guneriil Statutes of South

Carolina 314

Supreme Court. An Act to fix the time of holding the April Term

of the Supreme Court 314

Supreme Court. An Act to empower the Supreme Court to frame
issues, and direct the same to be tried in the Circuit Court,
and to order Referees in certain cases 314

Sinking Fund Commission. An Act authorizing the Attorney (ien-
eral to commence proceedings against the Commissioners of
the Sinking Fund 315

Elmira McXary Speers, et al. An Act to change the mime of El-
raira McNary Speers to Elmira McNary Richie, and to permit
Curtis M. Richie, and his wife Sarah V. Richie, to adopt her,
and make her their lawful heir 316

Officers of Incorporated Cities and Toxcns. An Act to amend an
Act entitled " An Act to provide for the election of the offi-
cers of the incorporated cities and towns in the State of South
Carolina." 317

Alice Bright, et al. An Act to change the name of Alice Bright
and Thomas Bright, and to make them and Isabella Cath-
erine Lyles, wife of Joseph R. Lyles, the legal heirs of Ebe-
nezer W. Goodwin and wife, Lucy Ann Goodwin 317

Palmetto State Rifle Club. An Act to incorporate the Palmetto

State Rifle Club, of Charleston, S. C 317

National Zouaves. An Act to incorporate the National Zouaves, of

Charleston, South Carolina 318

Lincoln Light Lifaniry. An Act to incorporate the Lincoln Light

Infantry, of Charleston, South Carolina 319

Bnwen mjieman Company. An Act to incorporate the Bowen Rifle-
man Company, of the city of Charleston 310

Irish Volunteer Rife Club. An Act to incorporate the Irish Volun-
teer Rifle Club, of Charleston, S. C 320

Appropriation. An Act to make apjtropriation for the j)ayment of
the balance of the salary of tlie menjbers of the General As-
sembly, salaries of subordinate officers and employees, and
the expenses incidental thereto 321

Qualification of Officers. An Act to require State and County
officers elected by the people to qualify within thirty days
after receiving official notification thereof. 322

William II. Wyinis. An Act to allow William H. Wynns to change

his name 322

LIST (JF ACTS. V

PAGE

Qualification of Officers. An Act to extcml tlio tiiin' for ofliocrs to

qualify .'522

Henry Hash. An Act tocliaiiL,'^ the naiiK-of Ilciny Ii:i-Ii (ollciiry

Hash Shiver '.. :V2:)

Charters of Certain 7 owns and VUlogex. An Act to amend an A(.'t
entitled "An Act to grant, renew antl amend the oharter.s (jf
certain towns and villages therein menti<jned." .'»2:l

Bond of County Commissioners. An Act re(|uiring a ijond I'ldni
County Coinmi.s.-iioners before entering upon the duties of
their office 324

General Statutes, Sections 5, (i a7id 7,Chap.S'i. An Act' to repeal
Sections 5, (3 and 7, of Chapter 83, of the General Statutes of
South Carolina 324

Circuit Courts. An Act to fix the time for the holding of the Cir-
cuit Courts in certain Counties herein mentioned 324

Darlingion Afiricidtural and Mechaniccd Fair Company. An Act to
incorporate the Darlington Agricultural and Mechanical Fair
Company 327

Union Assembly Society. An Act to incorporate the Union Assem-
bly Society, of Charleston, S. C 327

Harmony Circle. An Act to incorporate the Harmony Circle, of

the City of Charleston, S. C 328

Mariner's Chapel. An Act to incorporate the .^^ariner's Chapel, of

Charleston County 32J)

Town of Hodges. An Act to incorporate the town of Hodges, in

Abbeville County 32!>

Village of Fort Mills. An Act to incorporate the village of Fort

Mills, in the County of York 331

Second Coosaivhatchie Baptist Church. An Act to incorporate the

Second Coosawhatchie Baptist Church, of Beaufort County.. 331

Liens on Real and Personal Property. An Act to punish any person
or persons who shall sell and convey any real or personal
property on which a lien of any kind may exist without giv-
ing notice of such lien to the purchaser or purchasers 332

Wofford College. An Act to renew the charter of WoHbrd College,

in Spartanburg, S. C 332

Barnwell County Seat. An Act to refer to the (lualilioil voters of
Barnwell County the location of the County seat of said
County, County othce,s, and the place for holding the Courts
of said County 333

Charleston Coastwise Tram^jtorlatinn Comjxuiy. An Act to incorpo-'

rate the Charleston Coastwise Transportation Con)pany 334

Aiken Real Estate and Building A.<ioriatlou. An Act to incorporate
the Aiken Real Estate and l?uilding Association, of Aiken,
S. C '. 336

vr LIST OF ACTS.

PAGE

Randolph Enterprise A.'<sociaiion. An Act to incorporate the Ran-
dolph Enti'ri)rise Association 337

Florence Educational Society. An Act to incorporate the Florence

Eilucational Association, of Florence, South Carolina 338

Phwnix Hoof: and Ladder Truck Comjiany. An Act to incorporate
the Phcunix Hook and La<l<ler Truck Company, No. 1, of
Camden 339

Grant arid Wilmn Xational Guards. An Act to incorporate the

Grant and Wilson National Guardn, of Greenland, S. C 340

Fire Companies. An Act to amend an Act entitled "An Act to in-
corporate certain Fire Engine Companies, of Charleston, S.
C," approved February 24tli, 1869 340

Charters of Toicns and Villages. An Act to amend an Act entitled
"An Act to grant, renew and amend the charters of certain
towns and villages therein mentioned." 341

Draymen s Benevolent Assnciation. An Act to incorporate the Dray-
men's Benevolent Association, of Charleston, South Carolina.. 341

Refulgent Society. An Act to incorporate the Refulgent Society, of

the City of Columbia 342

Georgetown* Cypress Company. An Act to incorporate the George-
town Cypress Company 343

Insurance Companies. An Act to amend Sections 98, 99, 100, Chaj)-
ter XVII, of the General Statutes of South Carolina, relating
to holders of Insurance Policies 343

Taxes. An Act to authorize County Commissioners of certain Coun-
ties to levy and collect an additional tax for certain pur-
poses 344

State Auxiliary Joint Stock Company. An Act to iucorpiuate the

State Auxiliary Joint Stock Company 345

Spartanburg and Ashcville Railroad. An Act to incorporate the

Spartanburg and Asheville Railroad Company 346

RaveneVs Bridge. An Act to renew the Charter of Ravenel's Bridge

across the Seneca River, in Oconee County 349

General Statutes, Chap. 120. An Act to amend Chapter 120, of the

General Statutes of the State 3o0

Congruity Church. An Act to incorporate the Congruity Church,

Concord Township, Sumter County, S. C 350

Toivn of Lcwisvi/le. An Act to amend an Act entitled "An Act to

incorporate the town of Lewisville, >S. C." 351

Charleston Land Company. An Act to amend an Act entitled "An
Act to vest in the Charleston Land Company the charter of a
ferry from Plamlin's Wharf, in the City of Charleston, to the
following poinb" on the Wando River, to wit: Scanlonville,
Remley's Point, Venning's Lauding and Daniel's Island
Lauding." 351

LIST OF ACTS. VII

i'A(ii-:

Mechanics^ and Farmers B. and L. A/^snclallon. An Act to ariioinl
an Act entitled "An Act to incorponite the Mechanics' and
Farmers' Building and Loan As-sociution of Richland Coun-
ty, S. C." 351

Religious Worship. An Act for the hotter protection of religious

worship '.','rj.

Public lioad in Abbeville. Au Act to authorize and empower the
County Coraniissioners of Ahbeville County to^open and es-
tablish a pul)lic road from William Hunter's to R. H. McCas-
lan's, in said County 352

Kno-v's Bridge. An Act to renew the charter of Knox's Bridge over

Tugalo River 353

Supreme Court. An Act to regulate the service of process issuing

from the Supreme Court 353

School Funds. An Act concerning school funds 353

Trial Justices for Charleston. An Act to regulate the appointment

and salary of Trial Justices in the city of Charleston 355

Poll Tax. An Act to enforce the payment of the poll tax 357

Columbia Baptist Church. An Act to incorporate the Columbia

Baptist Church, of Greenville County, S. C 358

Mount Zion Cemetery Company. An Act to incorporate the Mount

Zion Cemetery Compan}', of Kingstree, S. C 358

Huspah Baptist Church. An Act to incorporate the Huspah Bap-
tist Church, in Beaufort County, S. C ... 3ol>

Clinton Presbyterian Church. An Act to incorporate the Clinton

Presbyterian Church, in Laurens County 359

Cross Roads Baptist Church. An Act to incorporate the Cross Roads

Baptist Church, in Pickens County 300

Keiv Hope Methodist Church. An Act to incorporate the New Hope

Methodist Church, of Clarendon County 3<)1

Neio Prospect Baptist Church. An Act to incorporate the New Pros-
pect Baptist Church and High School, in Spartanburg
County, S. C 3<U

Greenville Agrictdtural and Mechanical Society. An Act to incor-
porate the Greenville Agricultural and Mechanical Associa-
tion of South Carolina 3<)2

Laurens and Asheville Railroad. An Act to amend an Act entitled
"An Act to authorize the formation of, and to incorporate,
the Laurens and Asheville Railroad." 3n3

Wharf at Rockville. An Act to construct a Wharf at Rockville,

and for other purposes 3*!4

67, Matthew's Evangelical Church. An Act to renew and extend the
charter of the St. Matthew's Evangelical Church, of Orange-
burg County 3tl4

VIII LIST OF ACTS.

pa(;f;

General Statulat, Section 0, Chapter LXII. An Act to aineml Sec-
tion (j of Chapter LXII, of the General Statutes 364

Town of Frog Level. An Act to alter and amend an Act entitled

"An Act to re-charter the town of Frog Level." 36.")

Garrison Light Infantry. An Act to incorporate the CJarrison

Light Infantry, of Charle.ston, S. C 36-3

Canaan JJaptiyt CInirch. An Act to incorporate the Canaan Baptist

Church, of Beaufort County, South Carolina 360

Lincoln Eifle Gmirdfi. An Act to incorporate the Lincoln Kifle

Guards, of Kingstree 366

Wilson Artillery. An Act to incorporate the Wilson Artillery Com-
pany, of Charle.ston, S. C 367

Independent Fire Fnfjine Company. An Act to incorporate the

Independent Fire Engine Company, of Florence, S. C 367

Toivn of Chester. An Act to amend the charter of the town of

Chester 368

Furchasers at Tax Sales. An Act to provide f<jr purchasers of lands
at sales made for non-payment of taxes being put into posses-
sion of the same 369

Homestead. An Act to revir^e and amend an Act entitled " xVn
Act to reduce all Acts and parts of Acts to determine and
perpetuate the homestead into one Act, and to amend the
same." 361>

Apprentices^ Library. An Act to revive and amend the charter of

the Apprentices' Library Society, of Charleston 374

Scott United Blues. An Act to incorporate the Scott United Blues,

of the city of Charleston 374

Town of Walterboro. An Act to amend an Act entitled " An Act

to renew and amend the charter of the town of Walterboro." 375

South Carolina Agricultural and Mechanical Society. An Act to in-
corporate the South Carolina Agricultural and Mechanical
Society 37 •")

Bryan Light Infantry. An Act to incorporate the Bryan Light In-
fantry, of Charleston County 376

Boad in Union County. An Act to lay out and ('stal)li.<h a new

road in Union County 376

Frank Simpson. An Act to change the name of Frank Simpson, of

Anderson County, to Frank Carter 377

Wadmalaw and Edisto Bijiemen and Sumner Light Dragoons. An Act
to incorporate the Wadmalaw Riilemen an<l the Edisto Riflemen
and also the Sumner Light Dragoons, all of Charle.-ton

Coun ty .".77

Ford Bijiemen. An Act to incorporate the Ford Riflemen, of

Charle:^ton, Sou th Carol i na 378

LIST OF ACTS. ix

I'ACli

(icneml Statutes, Section 17, Chapter 4'). An Act to :unend Section
17 of (.'liaptcr XLV, of tlie (iemnil Slatutfs of tin;
State 378

AshforcVs Ferrij. An Act to re-charter Ashford's Ferry .■>79

Tull Jjridge Across Savannah liiver. An Act to renew and amend
the charter of the toll bridj^e across the Savannah River, at
Hamburg, S. C 379

African Methodist Episcopal Trinitij Church. An Act to incorporate
the African Methodist Episcopal Trinity Church, of Man-
ning, S. C 379

Public Road in Barnwell. An Act to authorize and require the
County Commissioners of Barnwell County to open a public
road through the town of Midway 380

Calvari/ Presbyterian Church. An Act to incorporate the Calvary

Presbyterian Church, of Church Flats, in Colleton County... 380

Town of Blachstock. An Act to incorporate the town of Blackstock 381

Town of Nichols. An Act to incorporate the town of Nichols 381

Grand Southern Hotel and Transfer Company. An Act to incorpo-
rate the Grand Southern Hotel and Transfer Company, of
Columbia, S. C ". 383

Fees of Officers. An Act to regulate the fees of Probate Judges,
Clerks of Courts, Trial Justices and other officers herein
mentioned 384

Darlinfjton Academical Society. An Act to incorporate the Darling-
ton Academical Society 389

Southern Warehouse Company. An Act to incorporate the Southern

Warehouse Com pany 390

Carolina Orphan Home. An Act to incorporate the Carolina Or-
phan Home, located in the town of Spartanburg, S. C 391

General Statutes, Section 3, Chapter CXI. An Act to amend Section

3, Chapter CXI, of the General Statutes 392

Chester and Lenoir Nan'ow Gauge liailroad. An Act to incorporate
the Chester and Lenoir Narrow Gauge Kailroad Company,
and to authorize the consolidation of said company witii the
Carolina Narrow Gauge liailroad Company and the King's
Mountain Railroad Company 393

State Normal School. An Act to provide for tlie establishment and

support of a State Normal School 30(5

General Statutes, Sec. 4, Chapter L. An Act to amend Chapter L.

Section 4, of the Revised Statutes of Soutli Carolina 4i>i»

Pioneer Hook and Ladder Company. An Act to incorporate ihi-
Pioneer Hook and Laihh'r Company, of the town of Kings-
tree 401

X • LIST OF ACTS.

PAfiE

Anderann, Aiken, Port Royal and Charlenton Railroad. An Act to
charter the Auderson, Aiken, Port Roynl and Charleston
Railroad Company 401

Mayor and Aldermen of Charleston. An Act to reguhitc the elec-
tion of Mayor and Aldermen of the city of Charleston 403

Appropriation. An Act to make an api)ropriation to pay claims
arising under the Proclamation of the Governor of this State,
dated July 28, 1871 405

Appropriation. An Act to make appropriation and raise supplies

for the fiscal year commencing November 1, 1872 407

Cliarleston, Georgetown and Conwaijboro Railroad. An Act to
authorize certain Counties to issue bonds and loan the same
to aid the Charleston, Georgetown and Conwayboro Ilailroad
Company 411

Derelict Estates. An Act to provide for the administration of dere-
lict estates 413

Agricultural and Mechanical Societies. An Act to encourage and
provide for the incorporation of Agricultural and Mechanical
Societies and Associations for the promotion of the Arts and
Sciences j 414

Taxes. An Act to amend the law relating to the collection of taxes, 415

Edgefield Cotton and Woolen Manufacturing Company. An Act to

incorporate the Edgefield Cotton and Woolen Manufacturing .
Company 416

Palmetto Tramway and Steam Mill Company. An Act to incorpo-
rate the Palmetto Tramway and Steam INIill Company 418

Preshytei'ian Church at Abbeville. An Act tb incorporate the Pres-
byterian Church, at Abbeville Court House, South Carolina.. 419

TrialJxistices. An Act to alterand amend Section 45, Chapter XXV,

Title 6, Part I, of the General Statutes, relating to Trial Justices, 420

To Abrogate and Sink Debt. An Act to abrogate and sink all that
portion of the debt of South Carolina incurred in aid of the
late rebellion against the United States 421

Assessment of Taxes in Aiken County. An Act to provide for a spe-
cial assessment of taxes in Aiken County 421

Public Highway. An Act to declare a road leading from the Nel-
son's Ferry Road to the ^Murray's Ferry Road, in Clarendon
County, a public highway 422

Spartanburg and Aiken Railroad. An Act to amend an Act enti-
tled "An Act to authorize the formation of, and to incorpo-
rate, the Spartanburg and Aiken Railroad." 422

Beaufort Horse Railroad. An Act to amend An Act entitled "An
Act to incorporate the Beaufort Horse Railroad Company,
of the Town and County of Beaufort." 424

LIST OF ACTS. xi

I'AGE

Obdrnction of JLirhor.-^. An Act to prcviiit (he ohstruction of luir-
bors ami navigable streams in this State by the discharge
therein of ballast of stone, dirt, and other heavy material 424

Boundarij Line of Lancaster and York. An Act to amend Sections
li) and ;>3, of Chapter XVIII, of Title fi, of the Act entitled
"An Act for revising and consolidating the CJeneral Statutes
of (he State," relating to the boundaries of Lancaster and
York Counties 425

Greenville and Gap Creek Turnpike Company. An Act to charter

the Greenville and Gap Creek Turnpike Company 42G

Indebtedness of Georgetown County. An Act to provide for the pay-
ment of the past indebtedness of Georgetown County 426

Town of Marion. An Act to amend an Act entitled " An Act to
alter and amend an Act entitled 'An Act to incorporate the
village of IMarion, and for other purposes therein men-
tioned.'" 427

Piihlie Road in Orangebitrfj Coiuitij. An Act to authorize and em-
power the County Commissioners of Orangeburg County to
open and keep in repair a public road running from the
Monks' Corner Road, at Lewisville, to the Bellville Road,
near Butler's Mill 427

Assessment of Real Properhj. An Act to provide for an assessment

of real property in the year 1873 427

Newberry Cotton Mills. An Act to incorjiorate the Newberry Cot-
ton Mills 428

Pee Dee Agricultural and Meclianical Association. An Act to incor-
porate the Pee Dee Agricultural and Mechanical Associa-
tion 430

Winyaw Bui/ and Stntec Railroad. An Act to incorporate the Win-
yaw Bay and Santee Railroad Company 431

Sherman Rifles. An Act to incorporate the Sherman Rilles, of

Edgefield County 433

Neivberry and Chester Railroad. An Act to incorporate Ithe New-
berry and Chester Railroad Company 434

Moulirieville Railroad. An Act to incorporate the Moultrieville

Railroad 435

Grand Lodge of Ab.^itinenee. An Act to incorporate the Grand

Lodge of Abstinence of the State of South Carolina 43G

Antipedo Baptist Church of Christ. An Act to incorporate the Anti-

pcdo Baptist Church of Christ, in the town of Georgetown... 438
Coroners. An Act to require County Coroners to report to the CJov-

ernor in capital cases 4.11I

Bridge across Ijynch Creek. An Act to aulhori/e the County Com-
missioners of Sumter and Darlington Counties to build a
bridge across Lynch Creek 1 1"

XII LIST OF ACTS.

PAGE

PUotaije. An Act to amciul Section 1 of an Act entitled "An Act
to regulate pilotage at the porta of Charleston, Beaufort and
Georgetown " 440

Useful AnimaU. An Act to amend an Act entitled "An Act lor the

protection and preservation of useful animals" 441

General Statutes, Section 7, Chapter 104. An Act to amend Section
7, Chapter CIV, of Title I, Part III, of the General Stat-
utes 441

Cheraiv and Clteder liailroad. An Act to charter the Cheraw and

Chester Railroad Company 442

New York, Norfolk and Charleston Railroad. An Act to authorize
the construction of the Xew York, Norfolk and Charleston
Railway Company 443

Charleston, Georgetown and Gomvayboro Railroad. An Act to amend
an Act to incorporate the Charleston, Georgetown and Con-
wayboro Railroad Company 444

Town of Moultrieville. An Act to alter and amend the Charter of

the Town Moultrieville, Sullivan's Island 445

Steven^s Creek Navigation Company. An Act to incorporate the Ste-
ven's Creek Navigation Company, and for other purposes 450

Loss of Public Records in Abbeville Supplied. An Act to remedy
and supply the loss of public records, and to perpetuate testi-
mony in regard to deeds, mortgages, settlements and other
papers lost by fire at Abbeville 451

James McPherson. An Act to authorize James McPhersou to adopt
and make his lawful heir James McPherson O'Neill, and to
change the name of the said James McPherson O'Neill to
James McPherson, Jr 455

Public Road in Colleton County. An Act to establish a public road

in Colleton County 456

Circuit Courts in York County. An Act to fix the time of holding

the Circuit Courts in York County 456

Reports of Certain Officers. An Act to fix the time for certain State

and County Officers to report 457

Salary of Certain Officers. An Act to fix the salary of certain offi-
cers 458

Public Road in Kershaw and Che-^terfield Counties. An Act to es-
tablish a public road in Kershaw and Chesterfield Counties.. 458

Taxes Assessed in Beaufort County. An Act relating to certain taxes

assessed and collected in Beaufort Couniy 458

Spartanburg Building and Loan Association. An Act to incorporate

the Spartanburg Building and Loan Association 459

York Manufacturing Company. An Act to incorporate the York

Manufacturing Company 461

LIST OF ACTS. xiii

JOINT RESOLUTIONS.

rA<;i:

Jfinri/ ]\'(tre and Son. Joint Kosuliilioii aiitlioiiziii;^' the |)ayinent

of the claims of Henry Wiire and Son -102

Mrs. IT. A. Jiandoljili. Joint Ru.solution to allow Mrs. Harriet A.
Randolph to redeem certain lorleited lands in Darlington
County 402

Appropriation for Printing. Joint Resolution to make appropria-
tion for expenses of printing ordered by the General Assem-
bly during the regular sessions of 1870-71 and 1871-72 4G3

Special Tax for Abbeville County. Joint Resolution to authorize
the County Commissioners of xVbbeville County to levy and
Collect an additional tax of two mills ujjon the dollar 463

Special Tax for Kershaw County. Joint Resolution to authorize the
levy and collection of a special tax to pay the past indebted-
ness of Kershaw County h 4G4

Appropriation for Pay Certificates of Last General Assembly. Joint
Resolution to make appropriation for the payment of the out-
standing pay certificates of the members of the last General
Assembly 404

J. E. Dent. Joint Resolution to relieve J. E. Dent, former Sheriff

of Richland County, of a penalty on tax executions 465

Appropriation for fitting tip Hall of House of Pepresentatives. Joint
Resolution authorizing and requiring the State Treasurer to
pay and cancel the notes and certificates issued in payment
of the different debts contracted for the furnishing of the Hall
of the House of Representatives, Committee Rooms, &c 465

Amendment to Constitution Relative to Increase of State Debt. Joint
Resolution to ratify the amendment to the Constitution of the
State of South Carolina relative to the increase of the State
Debt 466

Amendment to Constitution Relative to Time of Election. Joint Reso-
lution to ratify the amendment to the Constitution of the
State of South Carolina relative to the time of holding elec-
tions 407

Special Tax for Pichland County. Joint Resolution to authorize the
County Commissioners of Richland County to levy and col-
lect taxes to build a Court House within and for said County, 469

Jfeirs of James Pliillips. Joint Resolution to allow the heirs of the
estate of James Philli{)s, in Darlingtim County, to redeem
certain forfeited lands 400

T/tomas San.-<bury. Joint Resolution to allow Thomas Sansbury, of

Darlington County, to redeem certain forfeited lands 470

John J. Roach. Joint Resolution to allow John J. Roach, of Ker-
shaw Countv, to redeem certain forfeited lands 470

XIV LIST OF ACTS.

PAGE

3Trs. H. A. Randolph. Joint Resolution to allow Mrs. Harriet A.
Randolph to redeem certain forfeited lands in Darlington
County 4C2

Appropriation for Printing. Joint Resolution to make approi)riu-
tion for expenses of printing ordered by the General Assem-
bly during the regular sessions of 1870-71 and 1871-72 463

Special Tax for Abbeville County. Joint Resolution to authorize
the County Commissioners of Abbeville County to levy and
collect an additional tax of two mills upon the dollar 403

Special Tax for Kershaw County. Joint Resolution to authorize the
levy and collection of a special tax to pay the past indebted-
ness of Kershaw County 404

Ajipropriation for Pay Certificates of Last General Assembly. Joint
Resolution to make appropriation for the payment of the out-
standing pay certificates of the members of the last General
Assembly 404

J. E. Dent. Joint Resolution to relieve J. E. Dent, former Sheriff

of Richland County, of a penalty on tax executions 465

Appropriation for fitting up Hall of Hoiise of Representatives. Joint
Resolution authorizing and requiring the State Treasurer to
pay and cancel the notes and certificates issued in payment
of the diflferent debts contracted for the furnishing of the Hall
of the House of Representatives, .Committee Rooms, &c 465

Amendment to Constitution Relative to Time of Election. Joint Reso-
lution to ratify the amendment to the Constitution of the
State of South Carolina relative to the time of holding elec-
tions 407

Special Tax for Richland County. Joint Resolution to authorize the
County Commissioners of Richland County to levy and col-
lect taxes to build a Court House within and for said County, 460

Heirs of James Phillips. Joint Resolution to allow the heirs of the
estate of James Phillips, in Darlington County, to redeem

certain forfeited lands 469

Thomas Salisbury. Joint Resolution to allow Thomas Sansbury, of

Darlington County, to redeem certain forfeited lands 470

John J.'.Roach. Joint Resolution to allow John J. Roach, of Ker-
shaw County, to redeem certain forfeited lands 470

Heirs of John Eields. Joint Resolution to allow the heirs of the es-
tate of John Fields, of Darlington County, to redeem certain
forfeited lands 470

LIST OF ACTS. xv

v.u.v:
David Cool: Joint Ri'soliitioii to allow David Cook, of Kor.sliaw

County, to rcdt'om ccilain lorl'iited lands 471

Marij A. A. McLaiiyhlin. Joint licsoliition to allow Mrs. Mary A.
A. McLaughlin, of Darlington County, to redeem certain for-
feited lauds 471

LIST OF ACTS AM) lOlXT Rl-SOLITIOXS.

ACTS.

PAGE

Seclion 4 of Act Relating to Blue Ridge Railroad Company Repealed,
etc. An Act to repeal Section four (4) of an Act entitled
"An Act to relieve the State of South Carolina of all liabil-
ity for its guaranty of the bonds of the Blue Ridge Railroad
Company, by providing for the securing and destruction of
the same," approved March 2, 1872, and to repeal so much
of Section 72, Chapter XII, Title III, of the General Stat-
utes as authorizes the State Auditor to give notice annually
to each County Auditor of the rates per centum to be levied
lor various State purposes 479

Home Insurance Company. An Act to revive, renew and amend an
Act entitled "An Act to incorporate the Home Insurance
Company, of Charleston." 480

Reform Apollo Socielij. An Act to incorporate the Reibrra Apollo

Society, of Charleston, South Carolina 480

Pleasant Hill Baptist Church. An Act to incorporate the Pleasant

Hill Baptist Church, of Eilgetield County 481

Kirbys Croi<s Roads. An Act to charter and make public Kirby'a
Cross Roads to the Big Pee Dee River Road, in Marion
County 4S2

Good Will and Ebenezer Presbyterian Churches. An Act to incor-
porate the Good Will Presbyterian Church, and Ebenezer
Presb^'terian Church, of Sumter County 482

Appropriation for Printing. An Act to make appropriation ibr the

payment of the expenses of j)rinting 482

Claims of South Carolina Bank and. Tru.^t Company. Au Act to
make an appropriation to pay the claims of the South Caro-
lina Bank and Trust ('(iini):my against the State of Smith
Carolina 483

Enterprise Fire Engine Company. An Act to incorporate the l-in-
terprise Fire Engine Com{)any, of Cohnnl)ia, South Caro-
lina 484

IV LIST OF ACTS.

PAGE

Sullivan's Inland Ferry Company. An Act to authorize and permit
the Sullivan's Island Ferry Company to erect and build a
wharf and ferry house in the cove of Moultrievilie, on Sul-
livan's Island 484

Jiiclianl C. Walls. An Act to enable Richard C. Watts to apply

for admission to the bar 48-3

Jury Lan.'. Au Act to amend Sections 14, 21, 3o, of the Act en-
titled "An Act to regulate the manner of drawing juries,"
approved March 10, 1871, being Sections 17 and 24 of Chapter
CXI and Section 3 of Chapter CXXXIX of the General
Statutes 485

Hunter s Chapel Baptist Church. An Act to incorporate the Hunt-
er's Chapel Baptist Church, in Barnwell County 48(3

General Statutes, Chapter CXXXI, Part IV, Title I. An Act to
amend Chapter CXXXI, Part IV, Title I, of the General
Statutes of South Carolina 480

General Statutes, Chapter XLII, Section 32. An Act to amend
Section 32 of Chapter XLII of General Statutes of the State
of South Carolina 487

Aliens to Hold Property. An Act to explain or amend au Act en-
titled "An Act to authorize aliens to hold property." 487

Hemoval or Secreting of Personal Property. An Act to punish per-
sons for the removal or secreting of personal property levied
on by the Sheriff or other officers 488

Xathaniel E. and Cuyler H. Wall. An Act to change the name of
Nathaniel E. Wall and Cuyler Hamilton Wall to Xathaniel
E. McCoy and Cuyler H. McCoy 488

T. Moultrie Mordecai. An Act to enable T. Moultrie Mordecai to

apply for admission to the bar 489

Baptist Church, of Summerville. An Act to incorporate the Colored

Baptist Church, of Summerville 489

Lutheran Church, of Orangeburg. An Act to incorporate the

Orangeburg Lutheran Church, of Orangel)urg 490

Love and Good Will Society. An Act to incorporate the Love and

Good Will Society, of Aiken County 490

Appropriation for General Assembly. An Act to make ap{)ropria-
tions for the payment of expenses of the extra session of the
General Assembly, and for other purposes 491

3Iary Savannah lieid. Au Act to permit Samuel A. llutcliinson to
adopt and make his lawful heir Mary Savannah Reid,and to
change the name of the said Mary Savannah Reid to Mary
Savannah Hutchinson 491

Code of Procedure. An Act to alter and amend the Code of Pro-
cedure, being Title V, Part III, of the General Statutes 49o

LIST OF ACTS. v

I'XUE

Ifoitse of Refur/e and Industrial School. An Act to prnvide for tliu
establi^limcnt of :i House of Refuge and Industrial School in
the cities of Charleston and Cohiinbia .")02

Isaac G. Long. An Act to repeal so inucii of an Act entitled " An
Act to ve.<t in Isaac G. Long the charter of a water course
through Kingston Lake and Maple Swamp, in llorrv
County," approved March 26, 1869, as pertains to said King-
ston Lake." .')04

Sand Bar Ferry. An Act to renew the charter of the Sanil liar

Ferry, across the Savannah River 504

General Statutes, Section 25, Chapter CXXII. An Act to amend
Section 25, Chapter CXXII, of Title V of the Revised
Statutes 506

Congaree Fire Engine Company. An Act to incorporate the Con-

garee Fire Engine Company, of Columbia, South Carolina... 507

General Statutes, Section 5(), Chapter XIII. An Act to amend Sec-
tion 56, Chapter XIII, Title I, Part I, of the Revised Stat-
utes, relating to the bonds of County Treasurers 507

Toion of Allendale. An Act to charter the town of Allendale, in

the County of Barnwell and State of South Carolina 508

County Treasurer of Darlington. An Act to require the County
Treasurer of Darlington to attend at sundry places other
than the town of Darlington for the collection of taxes 511

General Statutes, Section 2, Chapter XXVI. An Act to amend Sec-
tion 2 of Chapter XXVI of the General Statutes of South
• Carolina, relating to Constables 512

Manufactures. An Act to aid and encourage manufactures 51.")

Agricultural and Mechanical Association. An Act to incorporate
the Agricultural and Mechanical Association, of Abl)eville,
South Carolina 514

Supplies. An Act to raise supplies for the fiscal year connneneing
November 1st, 187-), and to alter and amend the law in rela-
tion to the collection of taxes 515

Bills Receivable. An Act to repeal an Act to provide for the issue
of bills receivable in payment of indebtedness to the State
to the amount of five hundred thousand dollars .■)17

General Statutes, Section 72, Chapter XII, Title III. An Act to
repeal so much of Section 72, Chapter XII, Title III, of the
General Statutes as authorizes the State Auditor to give
notice annually to each County Auditor of the rate per centum
to be levied for various State purposes 518

Public Debt. An Act to reduce the volume of the public debt and

provide for the payment of the same 518

VI LIST OF ACTS.

PAGE

White Hall Ferry. An Act to recbarter White Hall Ferry, i»

Beaufort County 523

Court in Aiken County. An Act to amend an Act to fix the time
for liokling of the Circuit Courts in certain Counties herein
mentioned, relating to the County of Aiken 524

Town of Laurens. An Act to incorporate the town of La'urens 524

General Statutes, Section 2o, Chapter A'AT. An Act to alter and
amend Section 25 of Chapter XXV, Title VI, Part I, of the
General Statutes ■ 525

Institutions Lending Money and Receiving Deposits. An Act to re-
quire all institutions doiug business in lending money and
receiving deposits under charters granted by the State to
publish quarterly statements of their business and condition.. 526

Farmers' and Planters' Saving and Loan Association. An Act to in-
corporate the Farmers' and Planters' Saving and Loan Asso-
ciation, of Hamburg, South Carolina 526

Clarendon Agricul'ural and Progressive Association. An Act to in-
corporate the Clarendon Agricultural and Progressive Asso-
ciation, of Clarendon County, South Carolina 528

Pee Dee Young Mens Planting Club. An Act to incorporate the

Pee Dee Young Men's Planting Club 529

Coroners. An Act to empower Coroners to punish for contempt 529

Boatinens Phosphate River Mining Company. An Act to charter

' the Boatmen's Phosphate River Mining Company, in the
State of South Carolina, and to grant to the persons named
therein, and their associates, the right to dig and mine in the
beds of the navigable streams and waters of the State of South
Carolina for phosphate rocks and phosphatic deposits 530

County Commissioners of Beaufort. An Act to amend a Joint Reso-
lution authorizing the County Commissioners of Beaufort
County to levy a special tax, approved February 20, 1873... 531

Claims. An Act to provide for the payment of the claims herein

named 532

John Eider Ohlandt. An Act to authorize John Eider Ohlandt to

build a dock and collect wharfage in the town of Beaufort... 533

Taxes. An Act providing for the extension of the time for the pay-
ment and collection of taxes for fiscal year commencing No-
vember 1, 1873, and for other purposes 533

Trial Justices. An Act to ameml an Act entitled "An Act to regu-
late the appointment and salary of Trial Justices in the city
of Charleston." 534

Hamburg Warehouse Company. An Act to incorporate the Ham-
burg Warehouse Company 534

LIST OF ACTS. vir

I'A(;e

Planters' Republican Society. An Act to incorporate the Planters'

Republican Society, of St. Helena Inland, Beaufort County.. 530

Agricultural and Mechanical Ai^soclation. An Act to incorporate
the Beaufort County Agricultural and Mccluuiical Associa-
tion 536

Courts in Horry County. An Act to amend an Act to fix the time
for the holding of the Circuit Courts in certain Counties
therein mentioned, relating to the County of Horry, approved
February 4th, 1873 537

Benevolent Societies. An Act to incorporate certain benevolent so-
cieties in Beaufort County 538

Forfeited Lands. An Act to provide for the redemption of forfeited

lands upon certain conditions therein mentioned 539

Spartanburg and Asheville Railroad. An Act to amend an Act to

incorporate the Spartanburg and Asheville Railroad 540

Piedmont Munujacturing Company. An Act to incorporate the

Piedmont Manufactu ring Company 542

Torvn of Blackville. An Act to renew and amend the charter of

the town of Blackville 543

Francis Hahiin. An Act to authorize Francis Hahnn to adopt and
make his lawful heirs William Albert Enlowe and James
Drayton Enlowe, and to change the names of the 3ai<l Wil-
liam Albert Enlowe and James Drayton Enlowe to William
Albert Hahnn and James Drayton Hahnn 548

Friends of Temperance. An Act to incorporate the State Council
of the Friends of Temperance of the State of South Caro-
lina 548

Bridge Across Upper Three Run Creek. An Act to require the
County Commissioners of Aiken County to construct a bridge
over Upper Three Run Creek, in Aiken County 549

Port Royal Dock, Warehousing, Transportation and Banking Com-
pany. An Act to incorporate the Port Royal Dock, Ware-
housing, Transportation and Banking Company 549

Toxcn of Maysville. An Act to incorporate the town of Maysville... 551

Charleston Floating Dry Dock Company. An Act to renew the
charter of the Charleston Floating Dry Dock antl Marine
Railway Company 553

Tou7i of Scranton. An Act to incorporate the town of Scranton, in

the County of Williamsburg iiOo

]i'illiavi Kressell. An Act to authorize William Krosscll to build a

dock and collect wharfage in the town of Beaufort 554

Home Insurance Company. An Act to revive, renew and amend
an Act to incorporate the Home Insurance Company, of
Charleston 554

VIII LIST OF ACTS.

PAf;E

Suxinzeifx Ferry. An Act to recliarter Swanzcy's Ferry 555

Slate Scholar/thijis. An Act to estal)li:«li certain State scholarships

in the University of South Carolina 555

Charter.^. An Act to provide for granting of certain charters 557

American Exchange and Savings Bank. An Act to charter the

American Exchange and Savings Bank 562

Pa.%t Due School Claims. An Act to provide for the payment of

past due school claims in the several Cunnlies of this State... 565

Peoples Building and Loan A.<fSocialion. An Act to incorporate the

People's Building and Loan Association, of Charleston 506

F. D. Green. An Act to authorize and empower F. D. Green to
erect and maintain gates across certain roads in Lancaster
County 567

Rising Sons of Benevolence An Act to incorporate the Rising Sons

of Benevolence, of Edgefield County 568

Edward B. Murray. An Act to admit Edward B. ^Murray, a
minor, of Anderson County, to practice law in the Courts of
this State 568

Bills Receivable. An Act to repeal an Act to provide for the issue
of bills receivable in payment of indebtedness to the State
to the amount of five hundred thousand dullars 569

Isaac G. Long. An Act to repeal an Act entitled "An Act to vest
in Isaac G. Long the charter of a water course through
Kingston Lake and Maple Swamp, in Morry County." 560

Bonds — Little River and Cheraw tiailrood Company. An Act to
authorize and empower certain Counties to issue bonds in sub-
scription for preferred stock of the Little River and Cheraw
Rail road Co m pan y 569

People's Accommodation Railroad. An Act to incorporate the Peo-
ple's Accommodation Railroad Company 571

Congressional Districts. An Act to divide the State into five Con-
gressional Districts 573

Union Bright Light Society. An Act to incorporate the Union

Bright Light Society, in Beaufort County 574

Charleston, Water and Canal Company. An Act to charter the
Charleston Water and Canal Company, in the State of South
Carolina 574

C&rlain Road Made Public. An Act to make the road leading
from the Murray's Ferry Road to the Santee Road, in Claren-
don County, a public highway 577

Taxes in York County. An Act to designate the places for the col-
lection of taxes in York County 577

Ladies' Branch Society. Au Act to incorporate the Ladies' Branch

Society, of St. Helena Island, Beaufort County 578

LT^T OF ACTS. ix

PAGE

Carolina Mutual Insxirancc Company. An Act to renew the charter
of the Carolina Mutual Insurance C()ii)]iaiiv, of Charleston,
S.C '. 578

Butchers' Aid Association. An Act to incorporate the liutcliera'

Aid and Protective Association 57!)

Glenn Springs Company. An Act to incorporate the Glenn Springs

Company 579

Special Tax. An Act authorizing the County Commissioners of

Williamsburg County to levy a special tax 580

Michmond Ciuards. An Act to incorporate the Richmond Guards,

of Columbia, South Carolina 581

Weetee Rifle Company. An Act to incorporate the Weetee Rifle

Company, of Williamsburg County 581

Petty Rifle Club. An Act to incorporate the Petty Rifle Club 582

Sullivan Ferry. An Act to renew the charter of Sullivan Ferry, in

Colleton County, S. C 583

Elliott Republican Chib. An Act to incorporate the Elliott Repub-
lican Club, of Barnwell County 583

Fanners' Mutual Club. An Act to incorporate the Farmers' Mutual

Club, of Edgefield County 584

Union Republican Wide Awake Association. An Act to incorporate
the Union Republican Wide Awake Association, of the city
of Charleston 585

Town of Graham. An Act to incorporate the town of Graham, in

the County of Williamsburg 585

Longshoremen's Protective Union Association. An Act to incorpo-
rate the Longshoremen's Protective Union Association, of
Port Royal " 586

Village of Kingstree. An Act to amend an Act entitled "An Act
to alter and amend an Act to incorporate the village of
Kingstree." 587

Memorial of Freedom Publishing Company. An Act to incorporate

the Charleston Memorial of Freedom Publishing Company.. 587

Public Property in Greenville. An Act to authorize the County
Commissioners of Greenville County to sell and convey cer-
tain public property in the city of Greenville 588

Collection of Taxes in. Certain Counties. An Act to require the
Treasurers of certain Counties herein named annually to
attend at certain places in said Counties for the collection

of ta.xes 588

General Statutes, Sections 23, 25, 27, Chapter A7A'. An Act to
amend Sections 23, 25, 27, of Chapter XIX of the Revised
Statutes iiSd

X LIST OF ACTS.

PAGE

Homestead. An Act to amend an Act entitled "An Act to revise
and amend an Act entitled 'An Act to reduce all Act.s and
parts of Acts to determine and perpetuate the homestead
into one Act, and to amend the same.'" 589

Town of Brxinson. An Act to incorporate the town of Brunsou, in

Beaufort County 590

Mutual Aid Axttociation Society. An Act to incorporate the Mutual

Aid Association Society, of Charleston, S. C *585

Aaron Logan, John Vanderpool, el al. An Act to authorize and em-
power Aaron Logan, John Vanderpool, B. D. Holmes, Ed-
ward Bennett, Warley Venning, G. H. Allen and K. B. Sin-
gleton to establish a wharf at Caiuhoy, on the Wando River..*586

Brick Masons and Plasterers Link. An Act to incorporate the
Brick Masons' and Plasterers' Link, of Richland County,
S. C *58G

People's Buildinrj Loan Association. An Act to incorporate the
People's Building Loan Association, of Charleston, South
Carolina *587

Trial Justices in Certain Counties. An Act to amend arf Act enti-
titled "An Act to amend Section 2, Chapter XXV, of the
General Statutes of South Carolina, relating to number of
Trial Justices of certain Counties therein mentioned." *588

Charleston Republican Association. An Act to incorporate the
Charleston Republican Association, of Charleston, South
Carolina *589

I)ispector General of Timber and Lumber for Charleston. An Act to
empower the City Council of Charleston to elect an Inspector
General of Timber and Lumber, and for other purposes *589

Stevens Light Infantry. An Act to incorporate the Stevens Light

Infantry, of Charleston *590

Toglio Ferry Company. An Act to incorporate the Toglio Ferry

Cora pany *590

Inspector of Timber and Lumber for Port Royal. An Act to provide
for the appointment of an Inspector of Timber and Lumber
for the port and harbor of Port Royal, and to define his pow-
ers and duties 592

Victoria Railroad. An Act to incorporate the Victoria Railroad

Company 595

Saluda Manufacturing Company. An Act to incorporate the Saluda

Manufacturing Company, of Lexington County 597

Village of Lancaster. An Act to amend Section 74 of an Act en-
titled "An Act to grant, renew and amend the charters of
certain towns and villages therein mentioned," approved
March 9, 1871, relating to the village of Lancaster 597

TJST OF ACTS. xi

PAOK

Reassessment of Real Edate in Marlon ('outilij. An Act to regulate
the assess II) en t of and collectioti of taxes upon the real estate
of Marion Oounty 598

Long Cane Mannfdrliiriiir/ ('oiupany. An Act to incorjiorate the

Long Caue Manufacturing Company, of South Carolina 599

Convict Labor. An Act to regulate the labor of persons confined

in the Penitentiary of the State of South Carolina 601

Stevedores' Assoclutiun. An Act to iucorponite the Stevedores' Asso-
ciation, of Georgetown 601

Claiins of Citizenti Savings Bank and Central National Hank. An
Act to make an appropriation to pay the claims of the Cit-
izen's Savings Bank, of South Carolina, and the Central
National Bunk, of Columbia, S. C, against the State of South
Carolina 602

General Statutes, Section 3, Chapter CXXXIII. An Act to amend

Section 8, Chapter CXXXIII, of the Revised Statutes 603

Fees of Officers. An Act to reguhxte the fees of Probate Judges,
Clerks of Courts, Trial Ju.stices and others herein men-
tioned 603

General Statutes, Section 3, Chapter XC. An Act to alter and
amend Section three (3) of Chapter ninetj' (90) of Title four
(4) of Part two (2) of the General Statutes, relating to the
payment of debts of persons deceased 609

Appropriation. An Act to make appropriation to meet the ordinary
expenses of the State government for the fiscal year com-
mencing November 1, 1873 60'.»

Town of Due ires^ An Act to renew and amend tlie charter of the

town of Due West, in the County of Abbeville 615

Town of Port Royal. An Act to incorporate the town of Port
Royal, in the County of Beaufort and State of South Caro-
lina 616

Bondsmen of James M. Allen. An Act to relieve the bondsmen of
the late County Treasurer of Greenville County, James M.
Allen 619

Validating payments made by Treasurer of Edgefield County. An
Act to validate all payments made by the County Treasurer
of Edgefield County under and pursuant to the ])rovi.-ions of
a Joint Resolution entitled "A Joint Resolution to author-
ize the County Commissioners of Edgefield County to levy a
special tax of three mills, to be levied at the time of the
general tax," ami to declare the intent of saiil Joint Resolu-
tion 621

■Cypress Causeway. An Act to repeal an Act to recharter the Cy-
press Causeway 622

XII LIST OF ACTS.

I'A(^JE

Ebenezcr Baptixl Church. An Act to incorporale the Ebenezer Bap-
tist Church, of Georgetown County (522

County Coinmissioners of Anderson. An Act to constitute the
County Commissioners of Anderson County Commissioners
of Health and Draina<^e, and to define their powers and
duties therein 622

Earless Bridge. An Act to renew the charter of a bridge across
the Seneca River, in Anderson County, known as P^arle's
Bridge G24

Boyhin Methodist Epl.'<copal Church. An Act to incorporate the
Boykin Methodist Episcopal Church, in Marlboro County,
South Carolina 624

Mechanical Fair Association, of Darlington. An Act to incorpo-
rate the Mechanical Fair Association, of Darlington County. 625

Cruelty to Animals. An Act to incorporate the South Carolina So-
ciety for the Prevention of Cruelty to Animals 626

Orangeburg Manvfacturing Company. An Act to incorporate the

Orangeburg Manufacturing Company 027

Shiloh Methodist Church. An Act to renew and extend the charier
of the Shiloh ^lethodist Church, South, in Abbeville County,
S.C ".. 62S

Pipe Creek Baptist Chtirch. An Act to incorporate the Pipe Creek
Baptist Church, of Lawtonville, Beaufort County, South
Carolina 628

Toivn of Woodruff. An Act to incorporate the town of Woodruff,

in the County of Spartanburg H20

Intendant and Wardens of Yorkville. An Act to authorize and em-
power the Intendant and Wardens of the town of Yorkville
to open certain streets in said town 630

Edgefield Branch Railroad Company. An Act to incorporate the

Edgefield Branch Railroad Company 630

Centenary Church and Camp Ground. An Act to incorporate the
Centenary Church and Camp Ground, of Marion County,
South Carolina 63;i

Town of Seneca City. An Act to incorporate the town of Seneca

City, in the County of Oconee 634

Raemont Manufacturing Company. An Act to incorporate the Rae-
mout Manufacturing Company, of Marion County, South
Carolina fio")

P. T. Smith. An Act to authorize P. T. Smith to build a wharf at

Gardner's Bluff, in Marlboro County 636

Anderson, Aihen, Port Royal and Charleston Railroad. An Act to
amend an Act entitled "An Act to charter the Anderson,
Aiken, Port Royal and Charleston Railroad Company." 636

LIST OF ACTS. xiii

I'Ac;!-:

Jurij ComminKionn^. An Act to authorize and require certain Jury
Commissioners to prepare jury lists for the year 1<S74, and for
other purposes therein mentioned 638

('har/ottc Sti//iraii and John Criin. An Act to confer the rights of

legitimacy on Charlotte Sullivan and John Criin 038

Sea Inland Railroad Company. An Act to incorporate the Sea

Island Railroad Company f!3!>

Legal Process. An Act in relation to the service of legal process... ()40

Town of Anderson. An Act to amend an Act entitled "An Act to

renew and amend the charter of the town of Anderson." 041

Public lioads. An Act to establish certain public roads in the

County of Georgetown 642

Poor House in Cliarleston County. An Act to require the County
Commi^sioners of Charleston County to erect a poor house in
said County 642

Champion Dye, Horace White et al. An Act to authorize and
empower Champion Dye, Horace White and others to erect
and keep in repair a gate across the public highway leading
from Camden Court House to Liberty Plill, in Kershaw
County 643

Enterprise Gas Light Company. An Act to incorporate the Enter-
prise Gas Light Company, of Charleston, S. C 644

D. F. Appleton. An Act to authorize D. F. Appleton to erect a
wharf or wharves on any property owned by him in the town
or city of Fort Royal 64(1

Public Road in Aiken Coiirdy. An Act to authorize and empower
the County Commissioners of Aiken County to open and
keep in repair a public road running from Jackson Station
to the Augusta Road 646

Camden Jockey Club. An Act to incorporate the Camden Jockey

Club 647

Toivn of Beavfort. An Act to amend the charter of the town of Beau-
fort (;47

Palmetto Land and Lumber Company. An Act to incorporate the

Palmetto Land and Lumber Company 648

Aiken County. An Act to amend an Act entitled "An Act to estab-
lish a new Judicial and ICIection County from portions of
the Counties of IJarnwell, Edgefield, Lexington and Orange-
burg, to be known as Aiken County." 641)

Soxith Carolina Lodge. An Act to renew ihe charter of Soutii Caro-
lina Lodge, No. 1, I. O. O. F., of the city of Charleston.
S. C 64y

Goviensville Seminary. An Act to incorporate the Gowensville Semi-

nary, at Gowensville, Greenville County, South Carolina 650

XIV LIST OF ACTS.

PAGE

Apprentices' and Minors' Library Society. An Act to authorize and
empower the Appreotices' and Minors' Library Society, of
Charleston, to unite with and form a part of the Charleston
Library Society OoO

Hon. Thompson H. Cooke. An Act to aMow lion. Thonijxson H.
Cooke, executor of Daniel Zeigler, to recover certain lands
sold for taxes through the default of others G51

Aiken County. An Act to provide for the transfer to the officers of
the Courts of Aiken County all processes and other papers
relating to suits or proceedings in said County begun in any
portion of the Counties originally constituting said County
which have become a part thereof. 602

Young Sons of Honor. An Act to incorporate the Young Sons of

Honor, of the Frippe Point, of St. Helena Island, S. C 652

Chester Land Purchasing Association. An Act to incorporate the
Chester Land Purchasing Association, of Chester, Chester
County, South Carolina 653

Felice Law for Anderson County. An Act to provide a fence law

for Anderson County 654

Circuit Courts. An Act to change the time of holding Circuit

Courts in the several Counties therein named 655

Bridge Across Rocky Creek. An Act to authorize and require the
County Commissioners of Chester County to build a bridge
across Rocky Creek (155

Seventh Circuit. An Act to fix the time for holding Courts in the

Seventh Circuit 656

Supplies. An Act to raise supplies for the fiscal year commencing

November 1, 1874 657

Clarendon Land Joint Stock and Loan Association. An Act to in-
corporate the Clarendon Land Joint Stock and Loan Asso-
ciation, of Clarendon, South Carolina 660

Certain Towns and Villages. An Act to amend an Act entitled
"An Act to grant, renew and amend the charters of certain
towns and villages therein mentioned." 662

Public Ferry. An Act to establish a public ferry in Williamsburg

County 662

Greenville and Asheville Turnpike Company. An Act to incorpo-
rate the Greenville and Asheville Turnpike Company 663

Ferry Across Broad River. An Act to establish a ferry across the
Broad River just below where the Greenville and Columbia
Railroad crosses said river 665

Ferry Across Santee River. An Act to establish a ferry across the
Sanlee River, in Williamsburg County, and to vest the same
in Aaron Martin, his heirs and assigns 665

LIST OF ACTS. xv

I'AG K

CoUelon Mannfacinrlng Company. Am Act to iacorporate the Colle-

tou Manufacturing Company 600

Market Road. An Act to authorize the County Commissioners of
Lexington County to ciiange the course of Market Road,
knowu as the River Road, ia Lexington County 607

James Island and Haulover Cuts. An Act to make it the duty of
the County Commissioners of Charleston County to take care
of and keep in proper repair James Island and Haulover Cuts,
the same as other thoroughfares 667

Puhlle Road in Greenville County. An Act to authorize and em-
power the County Commissioners of Greenville County to
open and establish a public road leading from Ignatius Few's
to Tyger River Church 668

Cheraxv and Chester Railroad Company. An Act to authorize and
empower certain Counties to issue bonds in subscription for
preferred stock of the Cheraw and Chester Railroad Com-
pany 668

Germania Savings Bank. An Act to iacorporate the Gerraania

Savings Bank, of Charleston, South Carolina 070

Press Union Laborers' Association. An Act to iacorporate the Press

Union Laborers' Association, of Charleston 672

Public Officers. An Act requiring all public officers to pay over

moneys officially in their hands to their successors 674

Charleston and Stdlivans Island Railroad Company. An Act to
charter the Charleston and Sullivan's Island Railroad Com-
pany 675

Carolina Savings Bank. An Act to charter the Carolina Savings

Bank, of Charleston ; 677

Southern Manufacturing Company. An Act to incorporate the

Southern Manufacturing Company 679

Charleston Fertilizer Company. An Act to incorporate the Charles-
ton Fertilizer Company 081

Bonds. An Act to authorize the City Council of Charleston to issue
seven per cent, coupon bonds, for the purpose of taking up
over due stock of the said city 683

Friendly Ferry. Au Act to charter Friendly Ferry, across the

Edisto River 684

Ferry Across Stonq River. An Act to charter a ferry across Stono

River, in Colleton County 684

Public Road in Clarendon County. An Act to authorize and em-
power the County Conimissioners of Clarendon County to
open and establish a public road from the Manning Road, near
McFaddin's Store, to the Cade Road, near the Williamsburg
line 6So

XVI LIST OF ACTS.

PAGE

Southern Insurance, Savings, Banhing and Trvsl Compamj. An Act
to charter the Southern Insurance, Savings, Banking and

Trust Company, of South Carolina 685

Public Property. An Act to exempt from attachment, levy and sale
all poor farms, poor houses or hospitals, court houses, jails
and all other public property of whatever kind or descrip-
tion, that are actually used as such, for debts due by the
County in which such farms, houses and hospitals are situ-
ated G86

Names of Certain Individuals. An Act to change the names of cer-
tain individuals herein mentioned 68G

Congaree Real Estate, Building and Loan Association. An Act to
incorporate the Congaree Real Estate, Building and Loan

Association (>s7

True Blue Union Republican S^jciety. An Act to incorporate the

True Blue Union Republican Society, of St. Helena Island... 689
Widou}S and Orphans. An Act to amend an Act entitled "An Act
for the relief of the widows and orphans of persons killed
because of their political opinions," approved March 13th,

1872 689

Right of Legitimacy. An Act to confer the right of legitimacy on

certain children 690

Lone Star Debating Club. An Act to incorporate the Lone Star

Debating and Charitable Club, of Columbia, S. C 090

Prioleau Rifle Club. An Act to incorporate the Prioleau Rifle Club,

of Charleston County 691

Taxes in Fairfield County. An Act to designate places for the col-
lection of taxes in Fairfield County 691

H. R. Box, Joseph M. Laxoton et al. An Act to authorize and em-
power H. R. Box, Joseph M. Lawton and others to erect and
continue for a term of four years two gates across the Savan-
nah and Augusta roads 692

Public Funds. An Act to regulate the manner in which public

funds shall be disbursed by public officers (i92

Hartsville Agricultural Association. An Act to incorporate the

Hartsville Agricultural Association, of Darlington County... 693
Bridge Across Tyger River. An Act to authorize and require the
County Commissioners of Newberry County to build a bridge

across Tyger River 694

Georgetown and Northwestern Railroad. An Act to charter the
Georgetown and Northwestern Narrow Gauge Railroad Com-
pany o94

Union Hotel Company. An Act to incorporate the Union Hotel

Company, in Union County 697

LIST OF ACTS. xvii

PAGE

Camden Fire Enr/ine Compami. An Act to incorporate the Camden

ludependeut Fire Engine Coiupimy, No. 1 61)8

Public Road in Orangeburg. An Act to establi.^li a i)ublic road in

O ra n 2;ehn rjj^ Co u n ty 698

General Statutes, Section. 52, Chapter AX. An Act to amend Section

52 of Chapter XX of the General Statutes 699

General Statutes, Section 2, Chapter JjXXXV. An Act to amend
subdivision 3 of Section 2, Chapter LXXXV, Title II, Part
II, of the General Statutes, relating to title to real property
by descent 699

General Statutes, Section 2, Chapter XCIX. An Act to repeal Sec-
tion 2, Chapter XCIX, Title VII, of the General Statutes of
South Carolina 699

Attachees of General Assembly. An Act to regulate the number and
pay of officers, attachees, clerks and laborers of the General
Assembly, and to provide the manner of electing, appointing
and paying the same 700

Boundary Line between Georgia and South Carolina. An Act to
repeal a Joint Resolution entitled "Joint Resolution to
require the Governor to communicate with the proper
authorities of Georgia, with the view of the readjustment
of the boundary line between the States of Georgia and
South Carolina, and authorizing the appointment of three
Commissioners." ? 703

/// Treatment oj Children, Apprentices, &c. An Act to punish per-
sons for ill-treating children, apprentices, idiots, servants
and helpless persons 704

Derelict Edates. An Act to amend an Act entitled "An Act to

provide for the administration of derelict estates." 70-t

Service of Legal Process. An Act to regulate the service of legal

process upon railroad and express companies 705

Courts in the Fourth Circuit. An Act to regulate the time of hold-
ing the Courts of General Sessions and Common Pleas in the
Fourth Circuit 705

Town of Easley. An Act to incorporate the town of Easley, in the

County of Pickens 706

Public Printing. An Act to regulate the public printing 707

Appropriation. An Act to amend an Act entitled "An Act to
make aj)propriations to meet the ordinary expenses of the
State government for the fiscal year comnjcncing November
]st, 1874," approved March 9th, 1874 709

Aiken Manufacturing Company. An Act to incorporate the Aiken

Manufacturing Company 709

xviii LIST OF ACTS.

PAGE

Special Tax for Horry Counttj. An Act to authorize the County
Conimi--sioners of Horry County to levy and collect an addi-
tional tax 711

Good Templar.-^. An Act to incorporate the Grand Lodge of the

Independent Order of Good Teraplars, of South Carolina 711

Militia. An Act supplementary to Chapter XV, Title VI, Part I,
of the General Statutes of South Carolina, relating to the
militia, and for the better organization and government of
the same 712

Ceriam Societies. An Act to incorporate the societies therein named.. 727

Combahee Ferry. An Act to amend an Act entitled "An Act to
recharter the ferry over the Combahee River, Souih Carolina,
known as the Combahee Ferry." 729

Military Companies, Charleston Gas Light Company. An Act to
incorporate the Attuck Light Infantry, of Charleston, South
Carolina, and certain other companies therein named, and to
renew the charter of the Charleston Gas Light Company 729

Charleston Land Company. An Act to amend an Act entitled "An
Act to vest in the Charleston Land Company the charter of
a ferry from Hamlin's wharf, in the city of Charleston, to
the following points on the Wando River, &c., &c." 730

Assessment and Taxation of Property. An Act to reduce all Acts
and parts of Acts providing for the assessment and taxation
of property into one Act, and to amend the same 731

Congaree Manufacturing Company. An Act to charter theCougaree

Manufacturing Company 780

Highways and Bridges. An Act to amend Chapter XLV of Title
II, Part I, of the General Statutes, relating to the repairs of
highways and bridges 784

General Elections. An Act to amend Section 1, Chapter VIII,
Title III, Part I, of the General Statutes of the State of
South Carolina, relative to the time of holding general
elections 788

Land Owners. An Act for tlie better protection of land owners and
persons renting land to others for agricultural purposes, and
to amend Acts relating thereto 788

Abatements of Ta.ves. An Act to authorize the Comptroller (Jeneral

to make abatements of taxes 789

Submarine Sites. An Act concerning submarine sites for light

houses and other aids to navigation 790

Public Road. An Act to require the County Commissioners of
Charleston County to open a public, road from Summerville
to Strawberry Depot, in said County 790

LIST OF ACTS AND JOINT RESOLUTIONS. xix

PAGE

Sari-at's Ferry. An Act to recharter Sarrat's Ferry, across Broad

River, in Spartanburg County 701

Greenville Workingmeiis Society. An Act to incorporate the Green-
ville Workiiigmen's Society 791

Young Men's Christian Society. An Act to incorporate the Young

Men's Christian vSociety, of Chester, S. C 792

Newberry and Augusta Railroad. An Act to charter the Newberry

and Augusta Railroad Company 792

Chester Building and Loan Association. An Act to incorporate the

Chester Building and Loan Association, of Chester 71J4

Co-operation Society. An Act to incorporate the Co-operation So-
ciety, of Yorkville, S. C 795

Mount Carmel Cfnirch. An Act to incorporate the Mount Carmel

Methodist Church, of Dry Creek, Lancaster County 796

Intoxicating Liquors. An Act to regulate the sale of intoxicating

liquors, and to alter and amend the law in relation thereto... 797

JOINT RESOLUTIONS.

Mrs. S. A. McBride. Joint Resolution to confer upon Mrs. S. A.
McBride, executrix of the estate of James McBride, deceased,
the same power conferred upon J. A. Mays, executor of said
McBride, by a Joint Resolution approved January 31, 1872. 492

McCauley James White. Joint Resolution to change the name of

McCauley James White to that of James McCauley 493

State Road in Greenville County. Joint Resolution to authorize
County Commissioners of CJreenvillo County to relocate State
Road in said County 493

Forfeited Lands. Joint Resolution authorizing and directing the
Comptroller General to reconvey certain lands forfeited to
the State for the nonpayment of taxes 493

David M. Hemming wa//. Joint Resolution to allow David M. Tlem-

raiugway, of York County, to redeem certain forfeited lands. 494

Boundary Line, Pickens and Oconee Counties. Joint Resolution
proposing to amend the Constitution of the State, relating to
the boundary line of Pickens and Oconee Counties 404

Edward I. Cain. Joint Resolution to require Edward I. Cain,

Sheriff of Orangeburg County, to give a new official bond... ^sOl

Special Ta.v for Kersliaw County. Joint Resolution authorizing the
County Commissioners of Kershaw Couniy to levy a special
tax '. 802

XX LIST OF JOINT RESOLUTIONS.

PAGE

Special Tax for Edgefield County. Joint Resolution to authorize
the County Commissioners of E'lgefiuld (,'(Minty to levy a
special tax of three mills, to bu levied at the time of the
general lax , 802

Tarleton McGrew. Joint Resolution to relieve Tarletou AIcGrew,

of Oraugeburg County, from legal disabilities 803

Special Tax for Chesterfield County. Joint Resolution authorizing
the County Commissioners of Chesterfield County to cause
to be levied and collected a special tax of two ("2; mills 803

Lands Purchased from the Land Commission. Joint Resolution to
postpone the payment of installments and interest due upon
lands purchased of the Land Commission 804

Joseph Taylor, John Yates and Patience Mansel. Joint Resolution
to allow Joseph Taylor, John Yates and Patience Mansel to
redeem certain forfeited lauds 804

Financial Affairs of Barmcell County. Joint Resolution to appoint
a Committee to investigate the financial afiairs of Barnwell
County 805

L. H. Russell. Joint Resolution to relieve L. H. Russell, late Trea-
surer of Abbeville County, and his bondsmen from responsi-
bility 805

Public Highximy on Wadmalaw Island. Joint Resolution authoriz-
ing and directing the County Commissioners of the County
of Charleston to open a public highway on Wadmalaw
Island 805

Constitutional Amendment. Joint Resolution proposing an amend-
ment to the Constitution of the Stat6 of South Carolina,
relative to the term of oflice of Comptroller General, Secre-
tary of State, Treasurer, Attorney General, Adjutant and
Inspector General and Superintendent of Education 806

Public Road in Union County. Joint Resolution to make a certain
road in Union County, connecting the Glenn Springs Road
with the Columbia Road at Enoree Church, a public highway. 807

Pa.st Indebtedness of Spartanburg County. Joint Resolution with

reference to the past indebtedness of Spartanburg County 807

Special Tax for Laurens County. Joint Resolution authorizing the
County Commissioners of Laurens County to levy and col-
lect a special tax of three mills on the dollar, for the pay-
ment of the past indebtedness of said County 807

Special Tax for Lancaster County. Joint Resolution authorizing
the County Commissioners of Lancaster County to levy and
collect a special tax of two mills on the dollar for the pay-
ment of the past indebtedness of the said County 808

LIST OF JOINT RESOLUTIONS. xxr

PAGE

Appropriation. Joint liesolution to ni;ikc an appropriation to pay

certain claims and for other purposes 808

Taxc-i in Union County. Joint Resolution to relieve the citizens of
Union County from paying taxes on the assessment of real
estate made in the year 1873 809

Lyttldon Daniel. Joint Resolution authorizing and empowering
Lyttleton Daniel, a Trial Justice of Chester County, to ex-
ercise the functions of his office in any portion of the cor-
porate limits of the town of Blackstock 810

School Fund of Greenville County. Joint Resolution authorizing
and requiring the State Treasurer to pay to the County
Treasurer of Greenville County the sum of two thousand and
fifty dollars, to be applied for free school purposes 810

Past Indebtedness of Xewberry and Marion Counties. Joint Resolu-
tion to require the County Treasurers of Newberry and
Marion Counties to distribute the moneys collected under
and by virtue of the Act approved February 20, 1878, for
the payment of the past due indebtedness of said Counties
pro rata among the claims which were registered and estab-
lished in pursuance of the provisions of said Act 811

Amendment to Constitution. Joint Resolution proposing an amend-
ment to the Constitution of the State of South Carolina,
relative to the increase of the debt of Counties, cities and
towns gj2

Appropriation. Joint Resolution to provide an appropriation for
repairing the State House and fences enclosing the grounds
of the same, and for other purposes herein mentioned 812

Hon. C. Baring Farmer. Joint Resolution providing that the Hon,
C. Baring Farmer be allowed compensation for holding
8i)ecial Courts ;^13

Payment of Certain Claims. Joint Resolution to provide Ibr the

payment of certain claims therein named yi4

C. D. Melton, D. H. Chainberlain et al. Joint Resolution to provide
for tlie payment of the claims, for legal services, of C. D,
Melton and I). II. Chamberlain, Esquires, and J. D. Pope,
Es(juire, and others gl5

Robert (Jhisolm, Jr. Joint Resolution directing the State Treasurer
to refund to Robert Chisolm, Jr., Trustee, twelve hundred
dollars, taxes over paid by him ,S15

Trustees of Greeley InMitule. Joint Resolution to authorize and
empower the Trustees of the Greeley Institute, in Anderson
County, to elect three Special Trustees, and to convey the
property belonging to the same to them in trust, and for other
purposes therein mentioned 186

XXII LIST OF JOINT RESOLUTIONS.

PAGE

Trustees De La Howe Estate. Joint Resolution to appoint Trustees

under the will of. the late Dr. John De La Howe 816

Special Tax for Fairfield County. Joint Resolution to authorize the
County Commissioners of Fairfield County to levy and col-
lect a special tax of one and one-half mills on the dollar for
the payment of the past indebtedness of said County 817

Horace H. Moses. Joint Resolution to change the names of Horace
H. Moses, Emma Henrietta Moses, his wife, and Mabel and
Isaac H. Moses, his children, to Horace H. Harby, Emma
Henrietta Harby, Mabel Harby and Isaac H. Harby, re-
spectively 817

Claims Against the County of Clarendon. Joint Resolution recjuir-
ing all persons holding claims against the County of Claren-
don to file a list of such chiin)s in the office of the Clerk of
the Court 817

Additional Trial JtLstices for Colleton County. Joint Resolution to
authorize and require the Governor to appoint two additional
Trial Justices for Colleton County 818

Past Indebtedness of Union County. Joint Resolution to require
the County Commissioners of Union County to apply the pro-
ceeds of one mill of the tax of three mills levied by the
General Assembly at its present session for County purposes
to the payment of the past indebtedness of said County 818

Stephen D. Russell and William Gurney. Joint Resolution to re-
lieve Stephen D. Russell, Deputy County Treasurer, and
William Gurney, County Treasurer, of Charleston County, of
responsibility and liability for certain moneys lost by fire 819

Reassessment of Real Estate. Joint Resolution providing for re-
assessment of real estate in 1874 819

Sinking Fund Commissioners. Joint Resolution authorizing the
Attorney General to institute legal proceedings for the re-
covery of possession of the proceeds of all property sold by
the Sinking Fund Commissioners 820

Clarendon County, Committee Appointed. Joint Resolution to ap-
point a Committee to investigate the financial affairs of
Clarendon County 820

LIST OF ACTS AND JOINT RESOLUTIONS.

ACTS.

PAGE

Count)/ Commissioners. An Act to amend an Act entitled '• An
Act requiring a bond from County Commissioners before
entering ujion the duties of their office," 821

Appj'opriation. An Act to make a|>propriation for the payment
of the salary and mileage of the members of the General
Assembly, and the salaries of the subordinate officers and
employees aul other expen es incidental th ret > 821

Inferior Court. An Act to repeal an Act entitled " An Act to
establish an Inferior Court for the trial of criminal cases in
the County of Charleston." 824

Aiken County. An Act to amend an Act entitled " An Act to
establish a new judicial and election County from portions
of the Counties of Barnwell, Edgefield, Lexington and
Orangeburg, to be known as Aiken County," and for other
pu r poses 825

Debt of Barnwell County. An Act to provide for the adjustment

and settlement of the debt of Barnwell County 825

Trial Justices in Barnwell. An Act to regulate the appointment
and salary of Trial Justices in and for the County of Barn-
well '. 820

R. ir. Broun. An Act to change the name of 1\. W. Brown to

R. W. Webb S2S

Special Tax, Williamsburr/. An Act to amend an Act authorizing
the County Commis.sioners of Williamsl)urg County to levy
a special tax, approved March 3, 1874 829

Belief of Widnics and Orphans. An Act to amend an Act entitled
" An Act ibr the relief of the widows and orphans of persona
killed because of their political opinions." 829

George's >Station. An Act to incorporate the town of Ceorge's

Station, Colleton County, South Carolina 8:>0

Liquor Licenses. An Act providing for the specific appropriation

of revenues derived from liquor license? 830

IV LIST OF ACTS.

I'A(;e

Henry X. White. An Act to authorize Henry N. White to erect
and keep a gate across Shallow Ford Road, west of Seneca
City, in Anderson County f^.Sl

Hibernia Mutual Insvranre Company. An Act to incorporate the

Hibernia Mutual Iiisurauce Company, of Charleston 8.'U

Johnston's Turn Out. An Act to incoporate the town of Johnston's

Turn Out, in the County of Edgefield 833

Special Tax, Abbeville. An Act to set apart 84,000 of the special
tax of three mills, leved in Abbeville County, under an Act
of the General Assembly, approved March 14, 1874 834

Table Mountain Turnpike Company. An Act to renew and amend

the charter of the Table Mountain Turnpike Company 833

Port Harrehon. An Act to incorporate the town of Port Harrel-

son, in Horry County 835

Union Savings Bank. An Act to alter and amend the charter of

the Union Savings Bank of Columbia 839

Winnsbo7'o Building and Loan Association. An Act to incorpo-

ratr" the Winnsboro Building and Loan Association 840

Hibernia Savings Bank. An Act to incorporate the Hibernia

Savings Bank '.. 842

Liens. An Act to amend Section 1 of an Act entitled " An Act
for the better protection of land owners, and persons rent-
ing land to others for agricultural purposes," and to amend
Acts relating thereto 844

Circuses and Travelling Shoivs. • An Act to prohibit a circus, or
any other show travelling in connection therewith, from ex-
hibiting for gain, within any County in this State, without
having first obtained a license from the Clerk of the Court
of said County 84.")

Carolina Lumber Manufacturing Company, and Tuylor Iron Manu-
facturing Company. An Act to confirm, alter and mndifv
the charters of incorporation of "the Carolina Lumber Man-
ufacturing Company, of Charleston, South Carolina," and of
" the Taylor Iron Works Manufacturing Company, of
Charleston, South Carolina," established under the Act en-
titled " An Act to provide for granting of certain charters,"
approved February 20, 1874 843

Charleston Chamber of Commerce. An Act to revive and renew

the charter of the Charleston Chamber of Commerce 847

Franklin A. Tucker et al. An Act to change the names of certain

individuals herein mentioned 848

Sumter Academical Society. An Act to amend au Act entitled

" An Act to incorporate the Sumter Academical Society.".. 848

LIST OF ACTS. v

PAGE

Reidville High SchooU. An Act to prohibit the retailing of intox-
icating liiinors within tlirce niiU-s of the Reidville High
Schoolg 848

Cotnmisnioncrs of Jfeallh and Drainage. An Act to make the
County Connnissioners of S[)artanl)iirg, Pickens, Oconee and
Beaufort Countic;?, Comnoissioners of Health and Drainage.. 849

Town of Ridgeville. An Act to iucorporate the town of Ridge vi lie,

in the County of Colleton 849

Saleaddij, JJcaufort County. An Act to change the regular (Jay of

Sheriff's sales in Beaufort County 850

ToH'u of Lecsville. An Act to incorporate the town of Leesvilie, in

the County of Lexington 850

Union Telegraph Company. An Act to iucorporate the Union

Telegraph Company 851

Union Building and Loan Association. An Act to incorporate the

Union Building and Loan Association, of Union 852

C. C. Tracy. An Act to enable C. C. Tracy to apply for admis-
sion to the bar 854

School Commissioner, Charleston. An Act to extend the time for
the County School Commissioner of Charleston County to
<iualify 854

Synod of South Carolina and Georgia. An Act to re-charter the
Board of Directors of the Theological Seminary of the Synod
of South Carolina and Georgia %~:)C)

Practice of Dentistry. An Act to regulate the practice of Dentis-
try and protect the people against empiricism in relation
thereto, in the State of South Carolina 855

Toxcn of Chesterfield. An Act to alter and amend the charter of

the town of Chesterfield 858

Trial Justices, Columbia. An Act to regulate the appointment and

salary of Trial Justices in the city of Columbia ^ 858

Trustees of lleidvilb: High School. An Act to amend an Act enti-
tled " An Act to incorporate Trustees of the Reidville High
School and to renew the same," 800

County ('o)nmitisioners, Lexington. An Act to repeal an Act enti-
tled " An Act to authorize the County Commissioners of
Lexington County to change the course of the Market Road,
known as the River Road," in said County 800

Gaffney City. An Act to incorporate the town of Gaffney City, in

the County of Spartanburg 800

Sand Bar Ferry. An Act to alter and amend an Act entitled
" An Act to renew the charter of the Sand Bar Ferry across
the Savannah River," and to fix the rates of toll of said
Ferry 801

VI LIST OF ACTS.

PAGE

Appeals. An Act to facilitate and save expenses in appeals 8G'J

County Treasurer af Pickens County. An Act directing the manner
in which the County Treasurer of Pickens County shall pay
the i)ast indebtedness of said County SO')

Trial Justices. An Act to require all Trial Justices to exhibit all
original papers to the County Commissioners before or at the
time said Commissioners audit their accounts, and for other
pu rposes 803

Monthly Statements. An Act directing and requiring the publica-
tion of monthly statements by the State Treasurer 864

Mirried Women. An Act to declarB and protect the rights of mar-
ried women and children under policies of life insurance
taken out for their benefit 865

Special Tax. York and Chester Counties. An Act to authorize the
levy of a special tax in York and Chester Counties, to retire
the bonds issued by said Counties in aid of the Chester and
Lenoir Narrow Gauge Railroad Company, and for other
purposes relating thereto 865

Legal Notices. An Act to repeal Chapter CXXV of the General
Statutes of South Carolina relative to the publication of
legal notices 867

Past Indebtedness, Union. An Act to provide for the payment of

the past indebtedness of Union County 867

Code of Procedure. An Act to alter and amend the Code of Pro-
cedure, being Title V, Part III, of the General Statutes 868

Carolina Savings Bank. An Act to amend an Act entitled " An
Act to incorporate the Carolina Savings Bank of Charles-
ton" 87")

Edgefield Cotton and Woolen Manufacturing Company. An Act to
amend an Act entitled " An Act to incorporate the Edge-
field Cottf)n and Woolen Manufacturing Company" 87()

Sullivan's Island Railway Company. An Act to incorporate the

Middle Street Sullivan's Island Railway Company 876

State OJi'-ers. An Act relative to State officers and offices 877

Mechanics. An Act to empower mechanics to sell property left

with them for repairs after one year 87''

Street Railway, Greenville. An Act to incorporate the Street Rail-
way Company of the City of Greenville 879

Jacob B. Koon, et al. An Act to change the names of Jacob B.
Koon and Augusta C. Koon, eliildren of Mary C. Koon of
Lexington County, to that of Jacob B. Rawls and Aiigusta
C. Rawls, and to legitimize them as the children of Barnett
H. Rawls, of the same County 880

LIST OF ACTS. vii

PAGE

Solomon Aiuna7i)i. An Act to vcs^t certain real estate in the city of

Columbia, liable to escheat, in Solomon Aumann 881

Special Tux, Darlbujton. An Act to authorize and rcquiie the
County Commissioners oi" Darlington County to levy a
special tax, and forotlier purposes 881

Touvi oj Blackstock. An Act to amend an Act entitled "An Act to

incorporate the town of Blackstock" 883

County Commissioners, Lexington. An Act to permit the County
Commissioners of Lexington County to pay, out of taxes col-
lected for the present fiscal year, the claims against said
County of preceding fiscal years, which have been audited
and ordered paid, but which remain unpaid 883

Api^ropriation. An Act to make appropriations to meet the ordi-
nary expenses of the State government for the fiscalyear
commencing November 1, 1874 884

To^vn of Ridgeway. An Act to incorporate the town of Ridgeway,

in the County of Fairfield 890

Walhalla Bank. An Act to charter the Walhalla Bank 890

Public Road, Oreenville. An Act to authorize and empower the
County Comini?siouers of Greenville County to open and
establish a public road in said County 892

Palmetto Oil and Orease Company. An Act to incorporate the

Palmetto Oil and Grease Company, of Charleston County... 89o

Village of St. Stephens. An Act to amend an Act entitled "An Act
tograut, renew and amend the charters of certain towns and
villages therein mentioned," as relates to the village of St.
Stephens 894

Trial Justices, Sumter. An Act to regulate the appointment and

salary of Trial Justices in and for the County of Sumter 894

Past Indebtedness, Chester. An Act providing for the payment of

the past due indebtedness of Chester County •. 89(>

Toivn of Greenville. An Act to amend an Act entitled "An Act to
alter and amend the charter of the town of Grecnvilie, and
for other purposes," and an Act to alter and amend the said
Act 896

Civil Iiight.^. An Act to amend Section 1, Chapter CXXXVI, of
Part IV of the Revised Statutes, relating to oftenses against
civil rights 897

Ferries. An Act to amend Section 14 of Chapter XLVII of the

Revised Statutes of South Carolina, relating to ferries 898

Ferry Arro.-is Wacmmaw River. An Act to establish a ferry across
Waccamaw River, in Horry County, and to vest the same
in William L. Buck & Co 899

VIII LIST OF ACTS.

PAGE

Labwers on Plantations. An Act to amend Section 2 of an Act
entitled " An Act to regulate the issuing of checks to labor-
ers upon plantations or elsewhere" ; 899

Trial Jiistiees. An Act to amend an Act entitled *' An Act to
amend Section 2 of Chapter XXV of the General Statutes
of South Carolina." 900

Town of JReevesvilie. An Act to incorporate the town of Reeves-

ville, in the County of Colleton 900

German Rijie Club. An Act to alter and amend the charter of the
German Rifle Club, of Charleston, and to renew and extend
the same 901

Public Road, Colleton. An Act to amend an Act entitled " An

Act to establish a public road in Colleton County." 902

Forfeited Lands. An Act to amend an Act entitled " An Act to
provide for the redemption of forfeited lands upon certain
conditions therein mentioned." 902

Aitdey River Railroad. An Act to incorporate the Ashley River

Railroad 905

Special Tax, Laurens. An Act to authorize the County Commis-
sioners of Laurens County to levy and cause to be collected
a special tax of three mills on the dollar of all taxable
property of said County 908

Trial Justices, Clarendon. An Act to regulate the appointment
and salary of Trial Justices in and for the County of Clar-
endon 908

William George Paltner el. al. An Act to change the names of
William George Palmer and Frances Clementine Palmer,
of Anderson County, to William George Garrison and Fran-
ces Clementine Garrison, and make them the lawful heirs of
Henry Garrison and Frances Garrison 910

Toxcn of. Central. An Act to incorporate the town of Central, in

Pickens County 910

Caroline Kemp Moody, et. al. An Act to confer the rights of legit-
imacy on certain children herein mentioned 91.3

Trial of Civil Actions. An Act to alter and amend Section 148 of
Chapter CXXII of Title V, Part III, of the General
Statutes of the State of South Carolina, relating to the trial
of civil actions 91.3

Home Insurance Company. An Act to amend the charter of the

Hume InsuT ^' ipany, of Charleston 914

Mount Pleasant a m's Island Ferry Company. An Act
to amend the charter of the Mount Pleasant and Sullivan's
Island Ferry Company 914

LIST OF ACTS. ix

I'AGE

Special Tax, Newberry. An Act to authorize and require the County
Commissioners of Newberry County to levy and collect one
and one-half (II) mills on the dollar, and other matters
therein mentioned 1^15

Totv7i of Abbeville. An Act to amend and renew the charter of

the town of Abbeville 016

William H. Pruit. An Act to confer the rights of legitimacy upon

William H. Pruit, of Anderson County, South Carolina 921

Faijetfeville and Florence Railroad Company. An Act to authorize
the Fayetteville and Florence Railroad Company to extend
their road from the North Carolina line, near Mdnnis'
Bridge, to Florence, in this State, and for other purposes.... 922

White Hall Ferry. An Act to amend an Act entitled "An Act to

re-charter White Hall Ferry, iu Beaufort County" 924

Town of Woodruff. An Act to extend the terras of a charter to

incorporate the town of Woodruff 925

Mining and Manufacturing Company. An Act to authorize the
Charleston, South Carolina, Mining and Manufacturing
Company, to construct a private railroad from the planta-
tion known as " Magnolia," on the Ashley River, along-
side of the St. Andrew's Road, on the East, to the Bee's
Ferry Road, or to some intermediate point 925

Toicn of We-itininster. An Act to incorporate the town of West-
minster, iu the County of Oconee 926

Totvn of Georgetown. An Act to amend an Act entitled " An Act

for the incorporation of the town of Georgetown " 927

Election in Barnuell County. An Act to provide for holding a

certain election in Barnwell County 928

School Officers, Darlingt'^n. An Act relative to certain school offi-
cers in the County of Darlington 930

Legal Holidays. An Act to declare certain legal holidays 933

^f try Smith, et al. An Act to vest all the right and title of the
State in and to certain property subject to escheat in certain
persons therein mentioned 933

Fnumeration of Inhabitants. An Act to provide for the enumera-
tion of the inhabitants of this State 933

I'lcancies in State Offices. An Act to provide for the filling of

any vacancies that may occur in certain State offices 9:^")

Cannonsboro Wharf and Mill Company. An Act to renew tli<

charter of the Cannonsboro Wharf and Mill Company 9;].j

Charters of Military Companies. An Act to repeal so much of an
Act entitled " An Act to provide for granting of certain
charters," as provides for the granting of charters to military
companies 935

X LIST OF ACTS.

PAGE

Delinquent Land Sales. An Act to provide for extending the time
of holding delinquent land sales in several Counties of the
State for the })resent year 930

Certain Ex- Treasurers to Perform Certain Acts. An Act requiring
certain persons, formerly Treasurers of the Counties of Dar-
lington, Anderson, Spartanburg, Sumter and Beaufort, to
turn over all checks, vouchers, papers or accounts, to the
County Commissioners of said Counties 937

Greenville and Cumberland Gap Railroad Company. An Act to
charter the Greenville and Cumberland Gap Railroad Com-
pany 937

Eichland Building and Loan Association. An Act to incorporate
the Richland Building and Loan Association, of Columbia,
S. C ,.^ 939

German Mutual Life Association. An Act to incorporate the Ger-
man Mutual Life Association, of Charleston 940

Sureties on Official Bonds. An Act for the relief of sureties upon

official bonds of certain officers 942

Stock Raising. An Act to protect and encourage stock raising in

South Carolina 943

South Carolina Jockey Club. An Act to amend an Act to incor-
porate the societies therein named 944

Claims. An Act regulating the manner of the payment of all

claims against the several Counties in this State 944

P. C. Fludd. An Act to authorize and empower P. C. F'ludd to
erect and maintain gates across a certain lane in Darling-
ton County 945

Mamifaeturhig Company. An Act to incorporate the Railroad

Rolling Stock Manufacturing Company, of Port Royal 946

Spartanburg Building and Loan Association. An Act to authorize
the Building and Loan Association of Spartanburg County
to increase their capital stock 947

Public Road, Fairfield. An Act to authorize the County Com-
missioners of Fairfield County to close a certain road in
said County 948

Special Tax, Richland. An Act to authorize the County Com-
missioners of Richland County to levy and collect a special
tax to pay past due indebtedness 948

South Carolina Mutual Lisurance and Trust Company. An Act to
incorporate the South Carolina Mutual Insurance and
Trust Company, of Columbia 94'.i

Site for Lazaretto. An Act to procure a site for the Lazaretto on

Morris' Island 954

LIST OF ACTS. xi

VAC.K

Derelict Esiatex. An Act ti) amend an Act entitled "An Act to

provide for the administration of derelict estates " '.)54

New Jail, Fairfield. An Act to provide for tiie construction of a

now juil in and for the County of Fairfield !Jo5

Highicai/s and Bridges. An Act to amend Sections ;} and 8 of an
Act entitled " An Act to amend Chapter XLV of Title
A I, Part I, of the General Statutes, relating to the repairs
of highways and bridges," so far as the same relates to
Oconee and Pickens Counties 1)55

German School Association. An Act to incorporate the German

School Association, of Charleston, S. C 956

SuppUcH for Executive Departments. An Act relative to contracts
ft)r supplies for the Executive Departments of the State
Government, and for the General Assembly 958

Charleston Charitable Association. An Act to repeal an Act en-
titled "An Act to establish the Charleston Charitable Asso-
ciation, of the State of South Carolina, for the benefit of the
Free School fund." OtiO

Widoivs and Orphans. An Act to amend an Act entitled "An Act
for the relief of the widows and orphans of persons killed
because of their political opinions," approved March 13,1872. 961

Mayor and Aldermen of Charleston. An Act to amend an Act en-
titled " An Act to regulate the election of Mayor and Al-
dermen of the city of Charleston." 961

Langley Manxifactnring Company. An Act to amend an Act en-
titled " An Act to incorporate the Langley Manufacturing
Company, of Edgefield County," approved 1868 962

Toll Bridge Across Savani.ah River. An Act to repeal an Act to
renew and amend the charter of the toll biidge across the
Savannah River, at Hamburg, South Carolina," approved
February 22, 187:5 962

Town of Wedmin.'<ter. An Act to amend an Act entitled " An Act
to incorporate the town of Westminster, in the County of
Oconee." 963

Town of Fort Molle. An Act to incorporate the town of Fort Motte,

in the County of Orangeburg 963

Rantowle's Bridge. An Act to declare Rantowle's Bridge, and
the causeway attached thereto, pul>lic highways, and lor
other purposes therein mentioned 964

State Penitentiary. An Act to amend Sections 4 and 12 of Chapter
CXLV of the General Statutes, relating to the State Peni-
tentiary 965

xri LLST OF ACTS.

TAOE

Peoples Bank and Planters and Meckanin Bank. An Act to
ameiul and extend the charter of the People's Bank of South
Carolina, and to amend that of the Planters' and Mechanics'
Bank of South Carolina 906

Town of H'uhjeville. An Act to amend an Act entitled " An Act to
incorporate the town of Ridgeville, in the County of Col-
leton." 969

Insurance Companies. An Act to repeal all Acts and parts? of Acts
requiring deposits by insurance companies of .stocks or bonds
of this State, or of the United States, for the protection of
policy holders within the State 9C0

Bank of Marion. An Act to incorporate the Bank of Marion 970

Joab Cotton, An Act to allow Joab Cotton to erect two gates

across the Garner's Ferry Road, in Richland County 972

County Treasurer, Pickens. An Act to require the County Treas-
urer of Pickens County to attend at sundry i)laces in said
County for the collection of taxes 972

Town of Anderson. An Act to amend Section 6 of an Act entitled
" An Act to renew and amend the charter of the town of
Anderson." 973

Comjiensation, General Assembly. An Act to regulate the compen-
sation of the members of the General Assembly, and to fix
the mileage of the same 973

Trial Justices, Chester. An Act to regulate the appointment and

salary of Trial Justices in and for the County of Chester... 974

Cotton. An Act to punish persons fraudulently packing cotton.... 97G

Stono Phosphate Company. An Act to incorporate the Stono Phos-
phate Company, of Charleston, and to authorize the said
Company to borrow money on bond and mortgage of the
property thereof. 976

Trial of Civil Actions. An Act to alter and amend the law in rela-
tion to the place of trial of civil actions and special proceed-
ings in which the State is interested 977

Colonization. An Act to encourage colonization in the State of

South Carolina 977

Wateree Free Bridrje. An Act to authorize the Commissioners of
the Wateree Free Bridge to protect the same by a proper
roof. '. 978

Assessment and 'Taxation of Proprely. An Act to amend an Act
entitled " An Act to reduce all Acts and parU* of Acts pro-
viding for the assessment and taxation of property into one
Act, and to amend the same" 979

Voting Precincts. An Act to establish by law the voting precincts

in the various Counties of this State 981

LIST OF ACTS AND JOINT UESOLUTIOXS. xiir

TAGE

County Covimissioners. An Act to reduce all Acts ami parts of
Acts iu relation to County Coniniissioners, thair powers and
duties, into one Act, and to amend the same ^8.1

Floating Debt. An Act to provide ior the .■settlement and redemp-
tion of certain claims against tlie State 9!J7

JOINT RESOLUTIONS.

James *S'. and Ldngdon Boioie. Joint Resolution to allow the heirs
of James S. and Langdon Bowie to redeem a store and lot
in the city of Charleston forfeited for non-payment of
taxes 1001

John Kater. Joint Resolution to allow John Kater to redeem cer-
tain forfeited lands in Charleston County 1002

De La Howe Estate. Joint Resolution to amend a Joint Resolu-
tion entitled " Joint Resolution to appoint Trustees under
the will of the late Dr. John De La Howe." 1002

Financial Affairs of Saviter. Joint Resolution to appoint a Com-
mittee to investigate the financial affairs of Sumter County.. 1002

Claims Afjainst County of Clarendon. Joint Resolution to amend
a Joint Resolution entitled "Joint Resolution to require all
persons holding claims against the County of Clarendon to
file a list of such claims in the office of the Clerk of the
Court." 1003

fSusan E. Mcllwain. Joint Resolution to allow Mrs. Susan E.

j\I(!llwain to redeem certain forfeited lands lOOo

Comptroller General. Joint Resolution to authorize the Comp-
troller General to remit a certain tax penalty 1004

Columbia Gas Lir/ht ( ompany. Joint Resolution to provide for
the payment of the claims of the Columbia Gas Light Com-
pany for gas furnished the General Assembly 1004

Charle»ton Library Society. Joint Resolution to restore to the
Charleston Library Society the title to certain lands forfeited
for non-payment of taxes, and to declare the same free from
taxation lOOo

'Lhovias W. Price tt Co. Joint Resolution to provide for the pay-
ment of certain claims of Thomas W. Price & Co., by
making an ajipropriation for the same 1005

Pay of Attachees. Joint Resolution to provide for the payment of
the officers, attachees and employees and contingent expenses
of the present se.ssion of the General Assembly 1006

Jury Coifimissioners. Joint Resolution to amend Section o, Chap-
ter CXI, of the General Statutes 1006

XIV LIST OF JOINT RESOLUTIONS.

PAGE

John B. Goodwin, et. al. Joint Resolution to allow John B. Good-
win, Frank Goodwin and Joseph Hawkins to redeem certain

iorteited lands 1007

Judge Green's Widow. Joint Resolution directing and requiring
the State Treasurer to pay certain moneys to the widow of

the late Judge Green 1007

Eliza Sarah Seihrook. Joint Resolution to allow Eliza Sarah Sea-
brook to redeem certain lands on John's Island, in Charles-
ton County, forfeited for non-payment of taxes 1008

i?. J. Middleton. Joint Resolution authorizing the State Treasurer
to re-issue to R. J. Middleton, surviving Trustee of Adele

J. Newton and children, certain certificates of stock 1008

Edward JR. Arthur. Joint Resolution to allow Edward R. Arthur

to redeem certain forfeited lands in Richland County 100!'

Constitutional Amendment. Joint Resolution to ratify the amend-
ment to the Constitution of the State of S^)Uth Carolina,
relative to the terms of office of Comptroller Qeneral, Secre-
tary of State, Treasurer, A.torney General, Adjutant and

Inspector General, and Superintendent of Education 100i:«

Special Tax, Spo.rtanlurg. Joint Resolution to levy and collect a

special tax to pay past indebtedness of Spartanburg County.. 1011
Special Tax, Chesterfield. Joint Resolution to authorize the County

Commissioners of Chesterfield County to levy a special tax.. 1011
Special Tax, Colleton. Joint Resolution authorizing the County
Commissioners of Colleton County to levy and collect a

special tax to pay past due indebtedness 1012

Pad Indebtedness, Sumter. Joint Resolution authorizing the County
Commissioners of Sumter County to devote one mill of the
tax levied for County purposes, for fiscal year 1874-75, to

pavment of past due indebtedness of said County 1012

Special Tax, Marlboro. Joint Resolution authorizing the County
Commissioners of Marlboro County to levy and collect a
special tax of one and one-half mills on the dollar for the

payment of the past indebtedness of said County 1013

State Orphan Asylum. Joint Resolution authorizing and directing
the Trustees of the State Orphan Asylum to remove said
institution from the city of Charle.<ton to the City of Co-
lumbia '. 1013

Special Tax, Clarendon and Fairfield. Joint Resolution to authorize
the County Commissioners of Clarendon and Fairfield Coun-
ties to levy and collect a special tax of one and one-half
mills on the dollar for the payment of the past due indebt-
edness of said Counties, and to regulate the manner of dis-
bursing the same 101 j

LIST OF JOINT RESOLUTIONS. xv

PAGE

Boundary Line, Pickens and Oconee. Joint Resolution to ratify
the amendment to the Constitution of the State of South
Carolina, relative to the boundary line of Pickens and
Oconee Counties 1014

Special Tax, Orangeburg. Joint Resolution authorizing the
County Conimi-ssiouers of Orangeburg County to levy a
special tax lOlo

L. J. Jennings. Joint Resolution to relieve L. J. Jennings, of
Greenville County, of and from the payment of certain
taxes lOK)

Special Tax, Abbeville. Joint Resolution authorizing the County
Commissioners of Abbeville County to levy and cause to be
collected a special tax of three mills on the dollar lOlG

//. L. Buck-. Joint Resolution to relieve H. L. Buck, of Horry
County, of certain taxes on property destroj-ed by fire on
the 9th day of August, 1874 1017

S, W. McKeiizie. Joint Resolution to provide for the payment of

certain moneys to S. W. McKenzie 1017

Public Highway, Lexington. Joint Resolution authorizing and di-
recting the County Commissioners of Lexington County to
lay out and open a public highway in said County 1018

A. Hendriz. Joint Resolution to relieve A. Hendrix, of Pickens
County, from the payment of taxes due on property de-
stroyed by fire 1018

Financial Affairs, Charleston. Joint Resolution to appoint a Com-
mittee to investigate the financial afl^airs of Charleston
County 1019

Spjecial Tax, Lancaster. Joint Resolution to authorize the County
Commissioners of Lancaster County to levy and collect a
special tax of t^vo mills on the dollar for the payment of
the past due indebtedness of the said County 1019

Re-assessment Real Estate, Greenville. Joint Resolution to provide
for a re-assessment of real estate in the County of Green-
ville in the year 1875 1020

J. Hainmoful Fordham. Joint Resolution giving J. Hammond
Fordham, Esq., Curoner elect for Orangeburg County,
further time to execute his bond 1020

Post Indebtedness, Charleston County. Joint Resolution direct-
ing and requiring the County Commissioners of Charleston
County to devote one mill of the tax levied and collected
for the fiscal year 1874-75, to the payment of the past in-
debtedness of said County 1021

XVI LIST OF JOINT RESOLUTIONS.

PAGE

Podt Indebtedness, Edgefield. Joint Resolution to make cer-
tain claims against the County of l'2dgefieI<J payable out of
the proceeds of the special tax authorized by Joint Resolu-
tion entitled "Joint Resolution to authorize the County
Commissioners of Edgefield County to levy a special tax of
three mills, to be levied at the time of the general tax," ap-
proved December 22, 1873 1021

Special Tax, Colleton. Joint Resolution authorizing tHe County
Commissioners of Colleton County to levy and collect a
special tax 1022

Special Tax, Chester. Joint Resolution authorizing the County
Commissioners of Chester County to levy and collect a
special tax, and to regulate the manner of disbursing
the same 1022

Free Schools, Greenville. Joint Resolution to amend a Joint
Resolution entitled " Joint Resolution authorizing and re-
quiring the State Treasurer to pay to the County Treasurer
of Greenville County the sum often thousand and fifty dol-
lars, to be applied to free school purposes," approved March
14, 1874 1023

Deaf, Dumb and Blind Asylum. Joint Resolution to remove the

Deaf, Dumb and Blind Asylum to the city of Columbia... 1023

Special Tax, Spartanburg. Joint Resolution to amend a Joint Re-
'ution entitled " Joint Resolution to levy and collect a spe-
cial tax to pay past due indebtedness of Spartanburg
County," approved March 8, 1875 1024

De La Howe, Estate. Joint Resolution to amend a Joint Resolu-

eta tion entitled " Joint Resolution to amend a Joint Resolution
entitled ' Joint Reso " n to app<jint Trustees under the will
of the late Dr. De La.. ^ " 1024

Pay of Employees. Joint Re9\>Uuiou authorizing and directing the
State Treasurer to borrow a sufficient amount for the pay-
ment of the employees of the General Assembly, and for
other purpo:;es 1025

Canslitutional Am<,.. ent. Joint Resolution proposing an amend-
ment to the Constitution of the State of South Carolina 1025

Coun'y Commissioners, Darlington. Joint Resolution providing for
the payment of certain moneys to the late County Commis-
sioners of Darlington County 1026

ACTS OF THE GE.NERAL ASSEMBLY

OF THE

STATE OF SOUTH CAROLINA,

Passed at the Regular Session, lohkh was begun to he held at the cit>j
of Columbia, on the fourth Tuesday in November, A. D. 1871.

Ror.KRT K. Scott, GDvenior. Alonzo J. Raxsier, President
of the Senate. Franklin J. Moses, Jr., Speaker of the House
of Represcutativcs.

AX ACT TO Make Appropriation for the Payment of the
Per Diem and Mileage of the Members of the General ^ _' '^ '_'>

A.SSEMI5LY, AND THE SALARIES OF THE SUBORDINATE OFFICERS, No. 1.

AND Other Expenses Incidental Thereto.

Section 1. Be it enacted by the Senate and House of Renresen-

. ,. r- .1 c-^ i i-c. > i^i !• , . . . ^ One hundred

tatives 01 the tetate ot boutli Carolina, now met and sitting in Gene- tbousmui doi-
ral A8senil)ly, and by the authority of the same, That the sum of pHfitcd'^'"'for
one hundred thousand dollars, if so much be necessary, be, and is expen"- of
hereby, ai)proi)riated out of any money in " Treasury, for the skiir"'' '^'*'
payment of the per diem and mileage o^' mbers of the Gene-

ral Assembly, and the salaries of the suOo.uiudte officers, and other
incidental expenses of the present session, commencing November
28,1871.

Sec. 2. That the sum of one hundred thou.sand._(iollais, if so
nuicJi be necessary, be, and is hereby, appropriated An.iiiw ])ayment thousumVdoi.
of any outstanding pay certificates for the per diem and mih age of priTit.Mi"''''for
the members of the General Assembly, at its session, ending March 'oi,"iandi.,g'''^
7, 1871, including all certificates given to subordinate officers for i"^tSon.°^
services connected therewith : Providrd, That the above ap]>roj)ria-
tion shall be used for no other purpose.

Sec. 3. That the Clerks of the Senate and House of Representa- cenificates-
tives be, and they are hereby, authorized and directe»l to furnish uLbea."" ^"*'"

A. P. 1S7-'.

Pv whom
certifieil anil
attested.

Pay of sub-
ordinates and
ciriploj'ees —
how fixed.

Treasureran-
thorized to
pay expenses
at his coun-
ter.

STATUTES AT LARGE

to each niemlier of their respective bodies a piiy tertificute for tl..
amount of tlio mileaire an<l per diem, to include such dates a-s l'
General Assembly siiall, by concurrent resolution, direct.

SiiC. 4. That such certificate shall couforni to the provi-sions <.t'
Section 23, Article II, of the Constitution of the State, and shall
be certified by the President of the Senate, and attested by tli'
Clerk of the Senate, for all members of that body, and by i;
Speaker of the House of Kepresentatives, and by the Clerk of the
same, for all members of that body.

Sicc. 5. That the subordinate officers and employees of the Gei'
ral Assembly shall, in like manner, be furnished with certificate.- ■
pay, in such amounts as shall be fi.xed by that branch of the Gen
ral Assembly to which such officers and employees shall, resjjec-
tively, belong: Provided, hoivever, That their pay certificates, for
services rendered common to the two Houses, shall be signed by tln'
President of the Senate, and countersigned by the Speaker of the
House of Representatives.

Sec. 6. That the Treasurer is hereby aut]iori7,ed and directed t'l
pay the said certificates at his counter, and to hold the certificat
as liis vouchers therefor; and ho is also authorized and required ;
retain in the Treasury oflSce all moneys from incoming taxes.

Sec. 7. That all Acts and fsarts of Acts inconsistent with thi.-
Act be, and are hereby, repealed.

Ai)proved December 21, 1871.

No. 2.

AN ACT TO Incorporate the Town of Midway.

Corporators. SECTION 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gt
eral Assembly, and by the authority of the same, That all persoi
citizens of the United States, who now are, or hereafter may 1
inhabitants of the Town of Midway, shall be deemed, and are
hereby declared to be, a body politic and corporate ; and that said
town shall be called and known by the name of ^lidway ; and its
limits shall be deemed and held to extend four hundred and fitly
yards in each direction from the present railroad depot in said
town.

Src. 2. That the said town shall be governed by an Intcndant
and four Wardens, who shall be elected on the fourth jNIonday in
March next, on which day, as well as on the fourth ^londay of
March of each year thereafter, an election shall be held for an
Intendaut and four Wardens, who shall be citizens of the United

Corporate
limits.

Officers.

OF SOUTH CAROLINA.

States, and slnill have been rrsidents of said town fur sixtv days
iaimcdialcly iirccfdinn- Haid election, al siuii places in said ttiwii as
llie liiteiidaiit. aii<l Wardens sliall desif^natf, ten davs' |)id)lic notice
lliereof being previously given, in writini;-; and that all male
iidiahitants of said town, of the age of Iwenty-one years, who shall
have resided therein sixty days previons to the election, shuli i)e
entitled to vote for said Intenchmt and Wardens; and the election
shall be held from nine o'clock in the morning until three o'« lick
in the afternoon, when the polls shall he closed, and the Mana-
gers shall count the votes and proclaim the election, and give
notice thereof to the persons elected; and that the Iiitendant and
Wardens for the time being shall appoint the Managers to hold
the ensuing election. That the Intendaut and Wardens, before
entering upon the duties of their respective offices, shall take the
oath prescribed by the Constitution of this State, and also the
following oath, to wit: "As Intendant (or Warden) of Mid-
way, I will equally and impartially, to the best of my ability,
exercise the trust reposed in me, and use my best endeavors to pre-
serve the peace, and carry into effc-ct, according to law, the pur-
poses of my appointment : So help me God."

Si;c. o That in case a vacancy shall occur in the offife of Inten-
dant, or any of the Wardens, by death, resignation, removal from
the State, or from any other cause, an election shall be held by the
appointment of the Intendaut and Warden, or Wardens, as the case
may be, ten days' notice thereof, as aforesaid, boiug given; and in
the case of sickness or tcnporary absence of the Intendant, the
Wardens, f )rming a Council, shall be empowered to elect one of
themselves to act as Inteixlant during such sickness or absence.

Sec. 4. That the Intendant and Wardens duly elected and qual-
ified shall, during their term of service, severally and respectively,
be vested with all the powers of Trial Justicts or other inferior
Courts in this State, in matters civil and criminal, within the limits
of said town. That the Intendant shall, as often as occasion juay
require, summon the AVardcns to meet him in Council, a majority
of whom shall constitute a quorum for the transaction of business,
and shall be known by the name of the Town Council of Midway ;
and they and their successors in office shall have a common seal ;
and shall have power and authority to appoint, from time to time,
such and so many persons to act as JVlarshals and Constables, as
they shall deem exjjedient and proper, which officers shall have all
the powers, privileges and emoluments, be subject to all the duties,
penalties and regulations provided liy the laws of this State for the
office of Constable ; and the Intendant and Wardens, in Council,
shall have power and authority, under their corporate seal, to ordain

A. I). 1M72.

Electors.

Election.

Oath of Of
flee.

Vacancies—
liow fUled.

Judicial
powers.

Miirshals—
jnrisilu'tioii
tiuil duties.

4 STATUTES AT LARGE

A. D. 1^2. ai,,i ostal>Ii--li all such rules and by laws and ordinances r(-sj)ectii);i

'*' "~ the streets, ways, j)ublie well, and watering jdaces, market and

Uui<>8 und pf^lit-'ti of the said town, and for preserving health, peace, order and

by-laws. good government within the same, as they may deem exiK'dientaiid

proper; and the said Council may affix fines for offenses again
.such by-laws and ordinances, and ai)proi)riate the same to the u-
of" the corporation ; but no fine shall exceed fifty dollars. All fiii'
may be recovered by an action for debt before a proper tribunal.
Sec. 5. That the said Coun. il shall have power to abate and i
^'^'^*°°®''" move nuisances within the limits of said town ; and also to classii
and arrange the inhabitants liable to public duty, and to requir..
them to perform such duty as occasion may require, and to enforce
the performance thereof under the same penalties as are now, or
may hereafter be, established by law : Provided, always, neverthde-^s,
That the said Town Council shall have power to compound with
persons liable to perform such duty, upon such terms as they shall,
by ordinance, establish,
streets and Sec. 6. That it shall be the duty of the Intendant and ^Yarden-

^^^^" to ketp all streets and ways, W'hich may be necessary for ])ublic u^i

Avithin the limits of the said town, open and in good repair, and, f>'
that purpose, they are hereby ve.sted with all the powers, rights and
privileges granted by law to the County Commissioners, within tli
limits of said town, and, for any neglect of duty, they shall be lial>..
to the pains and jDenalties imposed by law upon County Commis- I
sioners for like neglect; and they are hereby, individually, exemp'
from the performance of road and police xluty; and the iuhabitani-
of said town are hereby exempt from road and police duty without
the limits of said corporation.

Commutation ^^C. 7. That the said Intendant and Wardens shall have power

to compound with persons liable to work on said streets and ways,

and to release such persons as may desire it, upon the payment oi

such sum of money as they may deem a fair equivalent therefor, to

be applied by them to the use of the said corporation.

Sec. 8. That the said Town Council of Midway shall also be cni-
ATav hold and . i • n i ' i

dispcis.- of powered to retain, possess and enjoy all such property as they in: v

now be possessed of, or entitled to, or which shall hereafter be givtn,

bequeathed to, or in any manner ac(]iiired by them, and to si!I>

alien, or in any way transfer the same, or any ])art tliereof : 7'/-o-

vided, The amount of property so held, or stock invested, shall, in

no case, exceed fifteen thousand dollars.

Sec. 9. That the said Town Council of Midway shall have power

to impose an annual tax on all real and personal j)roperty within

the corporate limits of said town : Provided, Said tax does not

exceed ten cents on the one hundred dollars.

Annual tax.

OF SOUTH CAROLINA.

Licenses.

Sec. 10. Tlmt the Iiitciidant and Wiirdeus of the Town of Mid- ^ ^- i'''2-
wiiy shall have jjowcr to regulate sales at auction, within the limits
of said town, and to grant license.9 to auctioneers : Provided, That Paicsat anc-
nothiiig henin contained shall extend to sales by Sheriffs, Clerk of
Court, Judge of Prohate. Coroner, Executors, Administrators, As-
signees, or by any other person, uinU'r the order of any Court or
Trial Justices.

Sec. 11. That the Tntcndant and Wardens of the Town of Mid- sidewalks,
way shall have power and authority to require nil persons owning a
lot or lots, in said Town of Midway, to kee[) in repair the sidewalks
adjacent to their lots, respectively; and, for default in this matter,
shall have power and authority to have the work done at the ex-
pense of such lot owners.

Sec. 12. That the power to grant or refuse licenses to keep a
tavern, or to retail intoxicating drinks, be, and the same is hereby,
vested in the Town Council of the Town of Midway ; and that they
be also invested with all necessary power, by ordinance, or ordi-
nances, to suppress or regulate the sale of intoxicating drinks, to be
drunk at the place where sold, or in or upon any of its appurte-
nances, or in or upon any of the highways, streets, lanes, alleys,
commons, kitchens, stores, public buildings, booths, stalls, or
out-houses of the said town, or within one-fourth of a mile of the
present railroad depot, in the town of Midway, in the County of^
Barnw(!ll : Provided, That no rule or regulation shall be made in-
consistent with the Constitution and laws of the State.

Sec. 13. That this Act shall be taken and deemed as a public
Act in all Courts of Justice, and shall continue of force for the
term of fourteen years from its passage.

A])proved January 8, 1872.

AN ACT TO More Effectually Provide for the Ri:coi:d-
ING of all Convkyancks of Real Estate.

No.

Section 1. Beit enacted by the Senate and House of Represen-
tatives of the State of Souih Carolina, now met and sitting iii Gen- to^boTcc"?-?!!
eral Assembly, an<l by the authority of the same. That every eon- *tl,irty-Tiu-eL"
veyance of real estate, within this State, hereafter made, shall, iierk'i'omce.
within thirty-three days, be recorded in the <jfHce of the Clerk of
the County' in which such real estate shall be situate<l. except in in"(jimri"stmi
the County of Charlesion, where all such conveyances shall be re- r.MM.nie.l" 'in
corded, within the same time, in the office of the Register of Mesne "'"isVor*^ of*'''
Conveyance; and every such conveyance, not so recorded, shall be vcyuuee.^°""

6 STATUTES AT LARGE

A. D. i«72 Void, as against any subseciiK'nt purchases, in good laitli, and for a
^ valuahle consideration, of the same real estate, or any jxirtion

Conveyances thereof: Provided, Such subsequent purchaser sliall liave first Te-
eSvCur*'"''' corded his said conveyance.

Sec. 2. Different sets of books shall bo pntvided by the Clerks

c<uihtio^3 U) o^ ^^^^ several Counties for the recording of deeds and mortgages ;

fi-rent'sets^of '" ^"^ °^ which sets, all conveyances, absolute in their terms, and

books. n(yi intended as mortgages, oras sureties in the nature of mortgages,

shall be recorded ; and in the other set, all such mortgages, or

sureties in the nature of mortgages, shall be recorded.

Sec. 3. All Acts or parts of Acts iucousisteut with the provi-
sions of this Act are hereby repealed.

Approved January 8, 1872.

No. 4. AN ACT to Incorporate the Huntoon Chemical and Soap

Co.MPAXY, of South Carolina.

Section 1. Be it enacted by the Senate and Hcuise of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
Corporatois. /al Assembly, and by the authority of the same, That W. B. Nash,
S. A. Swails, L. Wimbush, William Simons, H. W. Purvis, J. E.
Green, Anson W. Thayer, H. H. Montgomery, John B. Dennis,
Edward Mickey, James Davis, B. A. Nerland, John Bates, Timo-
thy Hurley, A. H. Monteith, C. D. Hayne, R. H. Cain, S. B.
Thompson,' H. II. Hunter, W. H. Jones, j. N. Hayne, J. Mobley,
John Meade, W. J. Whipper, S. Farr, B. A. B.)semon, :M. J. Cal-
nau, and their associates and successors, are hereby made and

created a bndv politic and corporate in law, under the name and
Title. .'I 1 '

Style of the " Huntoon Chemical and Soap Company," for the pur-
pose of manufacturing chemicals and soap, and disposing of the
corporation" same, and for the purpose of carrying on such other business as
may be connected therewith, with a capital of one million dollars,

„ .^ , in shares of one hundred (100) dollars each, with the privilcire of

Capital. ' _ ' '

cstal)lisliing its princij)al office in the city of Charleston, and a

branch establishment at Columbia.

Sec. 2. That said Company shall have succession of officers and

Rules and members, to be chosen according to the rules and by-laws made, and
regulations. i r. i ■ ^ i- • i t n i

to be made, for their government and direction, and shall have

pi^vUeges*"^ power and authority to make by-laws, (not repugnant to the laws

of the land;) to make, have and use a common seal, and the same

to alter at will ; to sue and be sued in any Court in this S ate ; to

OF SOUTH CAROLINA.

piiicliasr aiul hold any lands, U-nements or hereditaments, goods or
cliatttls, which may be'necossary, connected with, or conducive to,
.he jtnrposos for which said Company is established.

Sir. o. This corporation shall enjoy all the privileges that are
:nv;ii(i>d nn.h-r llie general laws of the State to any corporation, to-
•j iliL-r with the special privileges accorded by this charter.

Api)roved -Tantiary 8, 1872.

A. I). 1-72.

Corporators.

Corporate

AN ACT TO Amend the Charter of the Town of Union. No. 5.

Section 1. Be it enacted by the Senate and House of Eepre.>en-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That, from and
immediately after the passage of this Act, all and every person or
persons whatsoever, who are constitutionally qualified to vote for
members of the Legislature of this State, and who may have re-
sided within the present corporate limits of the town of Union
sixty days, and their successors, are hereby declared to be members
of the corporation hereby intended to be created.

Sec. 2. That the said persons, and their successors, shall, from
and after the passage of this Act, become a body politic and cor- limits,
porate, and shall be known and called by the name of the town of
Union, and its corporate limits shall extend one mile, in the direc-
tion of cardinal points, from the Spartanburg and Union Ixail-
road Depot, in said town, as a centre, and form a square.

Sfc. 3. That the said town shall be governed by an Litendant
and four Wardens, who shall be elected on the second Monday of officers.
September in each year, ten days' notice being previously given,
and .<hall continue in office for one year, and until the election and
qualification of their successors ; and that all male inhabitants of
said town, who shall have attained the age of twenty-one years, and
resided therein sixty days previous to the election, shall be entitled
to vote for said Intendant and Wardens.

Si;c. 4. That the election of Intendant and Wardens of the said
town sliall be held in some convenient public place in said town,
from nine o'clock in the morning until six o'clock in the afternoon ;
and, when the polls shall be closed, the Managers shall forthwith
count the votes and proclaim the election, and give notice, in writing,
to the persons elected. The Intendant and Wardens, for the time
being, shall always appoint three Managers to conduct the election, '"^ 'ui'igers.
who, before they open the polls for said election, shall take an oath

Electors.

Election.

8 STATUTES AT LARGE

A. D. is7-2. fairly ami impartially to conduct the same; and the Int«'nd;i:

V— ^ mj^j Wiinlens, before enterinj,' upon the duties of their offices, hh..

respectively, take the oath prescribed by the Coixstitution of tli

Oath of of- State, and, also, the following oath, to wit : "As Intendant- i
Warden) of the town of Union, I will equally and impartially,
the l)est of ray ability, execute the trust reposed in me, and \s
use my best endeavors to preserve the peace and carry into efii
according to law, the purposes for which I have been elected : ^
help me God."

Sec. 5. That in case a vacancy should occur in the office of In-
acancy. tendant, or any of the Wardens, by death, resignation or otherwi- .
an election to fill such vacancy shall be held, by the apiK)intm<
of the Intendant and Warden, or Wardens, as the case may 1
fifteen days' previous notice being given ; and, in case of the sick-
ness or temporary absence of the Intendant, the Wardens, formi;
a Council, shall be empowered to elect one of the Wanlens to a
as Intendant during the time.

Sec. 6. That the Intendant and Wardens, duly elected and quali-
Judiciai fied, shall, during their term of office, severally and respectively,
be vested with all the powers of Trial Justices or other infer;
Courts in this State, within the limits of the said town ; and the l,,-
tendant shall and may, as often as may be necessary, sum-
mon the Wardens to meet in Council, any two of whom, with the
Intendant, or any three Wardens, may constitute a quorum to
transact business ; and they shall be known by the name of the
General Town Council of Union ; and they and their succe.«sors, hereaft
powers. ^^ l^g elected, may have a common seal, which shall be affixed ;

all their ordinances; may sue and be sued, may plead and lie im-
pleaded, in any Court of law or equity in this State ; and purchn-
hold, pos.^ess and enjoy, to them, and their successors, in perpctui;
or for any term of years, any estate, real or personal, or mixi'l.
and sell, alien and convey the same: Provided, The same shall n-t
exceed, at any one time, the sum of ten thousand dollars. And tli'
said Intendant and Wardens shall have full power to make and ■
tablish all such rules, by-laws and ordinances, respecting the roa-i-.
streets, market, commerce, trade, buildinirs and pulice of said town,
as shall appear to them necessar}' and requisite for the security, w< 1-
fare and convenience of the said town, or for preserving healtli.
peace, order and good government within the same. And the said
Fines Council may fix and impo.se fines and penalties and imprisonment in

the County jail for the violation thereof, and appropriate the fines to
the public use of the said corporation : Provided, That no fine.shn!l
exceed fifty dollars for any one ofiVnsc, and no imjirisonment shall ex-
ceed twenty days ; and when any person shall be charged with an

OF SOUTH CAIiOLINA.

ofTfnse, for whicli ii fine of more than twenty dullarg is onlaincul, ^- ^- ''*"'•
the sai<l cliarge will be heard and determined in an a(ttioa of debt, '

to be bron^rht in the name of the said Town Conncil, for the recov-
ery (tf .said lino, Ix-fdre a Conrt, havinj^ jnrisdietioii of causes of ac-
tinn of that anmnnt, for Union County. And if the fine ordained
be not more than twenty dollars, or the ofiT. nse be one for which
imprisonment is ordained, the said Town Council, or a fjuoruin
thereof, shall have power to luar and determine the said charge, and
render jnduinent th< rein. In all eases of trials to be had before
the said Town Council, as hereinafter provided, the party ciiari^ed
shall be cited to trial by a servici- upon bim of a summon.^, under
the hand of the Intcndant, or any one of the Wardens, wherein
shall be expressed, with certainty, the offense charged, and the time
and place of trial, which service shall be made at least five days
before the day of trial.

Skc, 7. That all fines iniposed by the said Town Council, for any
violation of ordinances or any default in the performance of street
duty, shall be collected by a. fieri facias; and the said Town Coun-
cil shall have posver to procure and compel the attendance of wit-
nes-^es by process similar to that wbicli, by law, Magistrates may
use in the trial of small and mean causes.

Sec. 8. That the Intendant and Wardens of said town shall have
full anil only power to grant or refuse licenses for billiard tables,
to keep tavern, or retail spirituous liquors, within the said limits,
which licenses shall be granted in the same manner, and upon the
same conditions, as they now are, or may hereafter be, under the
laws of the State; and all the powers vested in the County Com-
missioners are hereby granted to the said Intendant, and Wardens
within the said limits; and all moneys paid for licenses, and I'or fines
and forfeitures for retailing spirituous liquors, keeping taverns and
billiard tables, within said limits, without licenses, shall be appro-
])riated to the public; uses of the said cor|)oration : Provided, That
the Intendant and Wardens, duly elected and qualified, shall not
have power to grant any license to keep a tavern or to retail
spirituous liquors to extend beyond the term for which they shall
have been elected.

Sue. 9. That-it shall be the duty of the said Intendant and War- Roads and
dens to keep all roads, streets and ways, within their corporate ^*'"^'^'®-
limits, open and in good rej)air; and, for that purpose, they are in-
vested with all the powers granted to ihc County Commissioners.
They shall also have ])ower to levy a tjix upon the property of said
town to keep the buildings in said town for educational purposes
in repair. And they shall also have power to compound with all
persons liable to wxirk the streets, ways and roads in said town,

Licenses.

10 STATUTES AT LARGE

A D. 1P72. upon sucli Urms a.< they shall, by onlluance, establUh ; the money

^ so received to be applied to the public use of the said corporation.

And all persons refusing or failing to pay such commutation shall

be liable to such fines and penalties as the said Town Council may

impose. And no person, residing within the said limits, shall b*

liable to work on any road or bridge without the said limits, or !)•

taxed or assessed for the same. The said Town Council shall hav-

p;)wer to require license fec,< from the keepers of ten-pin alleys, (■<

' any other pin alleys, and to grant or refuse licenses for the same.

upon such terms and conditions, and subject to such regulations, as

they may, by ordinance, establish. They shall also have power t<-

require license fees from itinerants, auctioneers, owners of publii-

drays, wagons, livery stables, vehicles and horses kept for hir< .

within the corporate limit.s of said town. They shall also have
Annual Tax- . , , • • i ^

ation. power to injpose an annual tax upon the property in said t(^wn, to

wit: Upon all real estate, not exceeding ten cents on the value of
one hundred dollars ; upon all stock in trade, not exceeding ten
cents on every hundred dollars' worth of the value of said stock —
the State assessment to be taken as the basis of taxation. And the
Assessments. ^'^^^ Town Council shall have power to enforce the payment of all
taxes and assessments levied by the said Council against the prop-
erty and persons of defaulters to the same extent, and in the same
manner, as is provided by law for the collection of the general

Executions. State tax, except that executions to enforce the payment of th'
town taxes shall be i.ssued under the seal of the corporation, and
directed to the Town Marshal or other person specially appointed
by the said Council to collect the same ; and the money so collected
shall be applied to the public uses of the said corporation. And
all property upon which a tax shall be levied and assessed is hereby
declared and made liable for the payment thereof, in preference to
all other debts due by the person owning the property at the tini''
of the assessment, excei)t debts due the State, which shall be first
paid.

Sec. 10. That the said Town Council shall have power and aii-

fcidewaika. th<»rity to require all persons owning a lot or lots in said town t"
make and keep in good repair sidewalks in front of said lot or lots,
whenever the same shall front on, or adj'in, any public stre<t of
said town, if, in the judgment of the Council, sai<l sidewalk shall be
nece.s8ary; the width thereof, and the manner of construction, to
be designated and regulated by the said Council; and for dei'ault
or refusal, after reasonable notice, to make and keep in repair such
sidewalks, the Town Council may cause the same to be ma»le, or
put in repair, and require the owner to pay the price of making or
repairing; and the said Town Council are hereby empowered to

OF SOUTH CAROLINA. 11

sue for nn<l recdver tlie SHine: J*rovided, Tliiit siu-h contract for ^^- ^* '*""'-•
makiii-; or repairing be let to the lowest bidder. ^

Skc". 11. Tliat th(! Inlendant and WHrden.s shall have jxiwcr,
and are hereby anthorized, to elect or appoint one or more Mar- Marshals,
glials, who shall be duly sworn in and invested with all the powers
Constables now have by law, and whose jurisdielion and authority
shall be confined to the corporate limits of" said town ; and the In-
tendant and Wardens, or any one (»r more oi' them, are hereby au-
thorized to recpiire the Marshal of" said town, or any special Con-
Stable a|»pointed by said Iiitciidant and Wardens for that purpose, to
commit to the jail of Union County, for a term not exceeding
twenty-four hours, any person who, within the corporate; limits of
said town, may be en<i:;igeil in a breach of the peace, any riotous or
disorderly conduct, open obscenity, public drunkenness, or in any
conduct grossly indecent or dangerous to the citizens of said town,
or any of them. And all persons so imprisoned shall pay all costs
and expenses incident to their imprisonment, which said costs and
expenses shall be collected in the same manner as is provided by
this Act for the collection of fines imposed for violation of ordi-
nances: Provided, That such imprisonment shall not exempt the
party from the payment of ajiy fine which the Council may imi^se
for tiie offense for which he may have been committed.

Sec. 12. That said Council shall have power to collect licenses

from all persons representing ])ublicly, within their corporate limits, I'l'iys-

for gain or reward, any plays or shows, of what nature or kind

soever, to be used for the pur])ose of said C(jrporation.

Skc. 1.'). That all fines which shall hereafter be collected, by con-

' •' l>isposition

virtioii in the C(jurt of Sessions, for retailing, without license, of ^"63.
within the curporate limits of said town, shall be j)aid one-half to
the informer, and the other half to the said Town Council, for the
use of the .said corporation.

Six. 14. That the said Council shall have full power and authority
to abate all nuisances within the corporaie limits, and also to ap- Nuisances,
point a Board of Health for said U)\\n, and to pass all such onli-
nances as nuiy be necessary to define the powers and duties of sai<l
Board, and to impose fines and penalties upon the members of saitl ijoai-a of
Board for neglect of duty : Provided, That no fine hereby authorized
to be imposed shall exceed the sum of twenty dollars.

Skc. 15. That all streets, hereafter to be opened in the said cor-
poration, shall be at least sixty feet wide, except when such width sin-ctsi.'
cannot be allowed ou account of permanent buildings erected, or in
course of erection, at the time of the opening of said street^!.

Si'.c. K). That each Town Council shall, within one month after Kintu acttle-
the expiration of their term of ofliee, make out and return to their °»c"'-

12 STATUTES AT LARGP:

^ " ''■"'-• successors a full account, under oath, <if their receipts and expendi-
tures (luring their term, and shall pay over all nioneyi* in their
hands, lielonging to the corporation, and deliver up all books, i
cords and other papers incident to their (»ffice to iheir succe?s<i
and on fiiilure so to do, they shall be liable to the punishment j.
scribed in the seventeenth (17th) Section of this Act.

Sec. 17. That, for any willful violation or neglect of dutv, nial-
Violatlonor . , •..,,, , ,,, .

ncifU'ct of practice, al)use or oppression, the said lutendant and Wardens,

" ^' severally, shall be liable to indictment in the Court of Sessions, and,

upon conviction, to imprisonment and tine, not exceeding one hun-
dred dollars, or imprisonment, not exceeding sixty days, or both, at'
the discretion of the C(nirt, besides being liable for damages to anv
person injured.

Sec. 18. That this Act shall be a public Act, and continue <.f
force for twenty years, and until the end of the session of the Ijei:' -
lature then next ensuing; and that all Acts and parts of A
heretofore passed, inconsistent with, or repugnant to, this Act, '
and the same are hereby, repealed.

Approved January 8, 1872.

Ko. G. AN ACT TO Amend Section Two Hundred and Seventy-nine
OF the Code of Procedure of the State of South Caro-
lina.

JOe it enacted by the Senate and Hou?e of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That Section two hundred and
seventy-nine of the Code of Procedure be amended by striking out
the word ".second," from the first line of said Section.

Approved January 8, 1872.

Xo. 7. AN ACT TO Incorporate the Mountaineer Fire Engin!

COMFANY, OF \VaLUA*LLA, SoUTH CaROI.INA.

Section 1. lie it enacted by the Sena'e and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, That William
corporators. Korber, John Dale, A. Brennecke, S. S. Smeltzer. Martin Ansel,
P. Hoyt, H. Stucke, Jacob Schroder, Jr., Jas. Watson, and their
successors in office, >hall be known by the name and style of the

OF SOUTH CAROLINA. 13

Mmmtiiiner Firt; En-rine Company, of Wiilhiilla, South Carolina, ^ '^- ^'^-■
In . :iM(l tlicy arc licrehy, created and constituti-d a body corporate ^j^^,^.

i politir, with a capital stock uot to exceed thoi^um of five thou- t;^p,tai stock.
s;uul dollar-s wiili the right to sue and he sued, plead and be im-
pleaded, in any Court of competent juri.-diction ; to have and use ^^^^^^ ^^^
a common seal, and the same to alter at will and pleasure; and piiviiegea.
with all the rights, privileges and immunities that are now, or here-
after may be, secured by law to like incorporated bodies.

Sec. 2. That this Act shall be deemed a public Act, and shall
remain in force for the term of fourteen years.

Apjiroved January 8, 1872.

AN ACT TO Validate the Action of the County Comimis- ^q_ 8_
sioNEits OF Oconee County in Exchanging and Convey-
ing THE Lot Ceded to Them to Build a Jail Upon.

AVhereas the County Commissioners of Oconee County, in the ex-
ercise of their discretion, changed the location of the jail for said y ocj^tjon of
County, and exchanged the lot ceded to the State for the purpose of i^^l\ '^'I'^V'^e'il
erecting a jail for the one on which the jail now stands ; and changed,
whereas the parties with whom the exchange was made have sold the
said lot to Joseph J. Norton, and the said County Commissioners
have executed titles to him ; now, therefore,

Be it enacted by the Senate and House of Representatives of the ^^^_^^^ ^f
State of South Carolina, now met and sitting in General Assembly, ^'^^^^'Jo„*^^™'
and hy the authority of the same, That the action of the County vaiiUatea.
Commissioners aforesaid be, and the same is hereby, validated, and Tjtu, to lot
the title of the State to tiie said lot conveyed to and confirmed in toniirmcU.
the said Joseph J. Norton, his heirs and assigns forever.

Approved January 8, 1872.

AN ACT TO Incorporate the Young Men's Afbicanus De- j^q, g.
r.ATiNO ('luh.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State f»f South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, That T. A. Davis, corporatora.
Iv. W. Giveus, R. S. Robertson, F. J. Pugh, R. Nesbit, N. Lewis,

14 STATUTES AT LA ROE

A I), is;.'. .^ Liithan, J. C. Finlcy and B. F. Deiniis, and their a-.sociates a . 1

^ ~ successors, are lu-rehy made and crfatf-fl a body politic and corj' i-

rate, under the name and style of the Young Men's Africanus !)• -

hating Cluh, situated in the city of* Charleston.

Sr.c. 2. And said cor[)orHtion shall have power to make by-la

priviu-gC-s. not repugnant to the law.s of the land ; and shall have succession

officers and members, according to their elections; and to keep jii. i

use a common seal, the same to alter at will ; to sue and be sued in

any Court in this State; to have and enjoy every right, power and

privilege incident to such corporation ; and it is hereby empower^ '

to acquire, retain and enjoy all such property, real and personal,

may be given or bequeathed to, or ])urchased by, it; and to sell,

convey or mortgage the same, or any part thereof", at will.

Sec. 3. That said corporation may, from time to time, invest tli'

m^^ose^'^ ^"'f "^lo^^y-'j f^-^siit-^ or any property which it may acquire, in such rcil

property. a,j(i personal proi)erty, bonds, stocks, or in securities, in such sum-.

and on such term's and conditions, as it may deem proper ; and

execute bonds, &c., under its corporate seal : Provided, That 1 1

maximum value of all i)roi)ertv held or owned bv said corporati
Capital limi- n t ' i ■ n '

ted. shall not exceed twenty-five thousand dollars.

Si'X'. 4. This Act to continue in force daring fifteen (15) yeai -.
and may be given in evidence without being specially pleaded.

Approved January 8, 1872.

No. 10. AN ACT TO Rene\v the Charter of STRA^VBERKY FEKitv.

Over the Cooper River.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That tl-.''
strawborry charter of the ferry over the Cooper River, known as Strawberry
Kerry. Char- Perry, be, and the same is hereby, renewed for the term of sev n
years, from and after the passage of this Act ; and the same

In whom jierebv vested in Mrs. Elizabeth Waring, her executors, administra-
vested. ■' ''.., ,,...

tors and assigns, subject to like powers, privileges and linutalions :h

rowers and ^ycrc formerly conferred upon the owner of said ferry by law: Pr
urivilGSTCs. *

vided, hoivrrer, That the following rates of ferriage only shall '

charged and collected, to wit: For foot passengers, each, ten cents

horses, each, ten cents ; one horse, with buggy, wagon, or cart, and

Ratesoftou. j,.i^,(,,. f,fjy cents; two horses, with carriage, wagon, and driver.

OF SOUTH (CAROLINA. 15

seventy-five cents; cattle, ten cents, ciich, lon;^ ferria^^o; short fer- a. r>. i>n>.
ria^ro to 1)0 one-half the above rates. -' y "-

Si:c. '_*. All persons attending public meetin<z:3 and elections, and
cliildix'ii i^oing to and cuniin;^; from school, shall i)e carried free.

Approved January S, 1.S72.

AN ACT TO Alter and Amend the Charter of the Town of Jso. 11.

Georgetown.

Section 1. Be it exacted by the Senate and Honse of Represen-
tatives of the State of South Carolina, now met and sitting iu Gene-
ral Assembly, and by the authority of the same, That so much of ^ime an.i
the charter of the town of Georgetown as determines the day ^^ t q,^ AxccT'''^'
election be, and the same is hereby, amended so as to fix the day of
electiou of Intendaut and Wardens of the town of Georgetown on
the first ^londay in April, eighteen hundred and seventy-two,
(1872,) and on the first Monday of the same mouth in every year
thereafter; said election to be held in some convenient public place
in said town, from eight o'clock A. M., until five o'clock P. M. ;
and, when the polls shall be closed, the Managers shall forthwith
count the votes, and declare the election, and give notice thereof, in
writing, to the Intendant therein being, who shall, within two days
thereafter, giv(^ notice, or cause the same to be given, to the persons
duly elected : Provided, That the Intendant and Wardens now in
office shall continue therein until their successors are elected and
qualified.

Sec 2. That all laws now of force in relation to the election of
Intendant and Wardens, except so far as hereby repealed, be and
continue in force.

Sec. .3. That the Intendant and Wardens of the said town of
Georgetown are hereby ve&ted with all the power and authority i-ower nnd
over the poor within the town of Georgetown which, by the law, overt lie poor,
now belong, or may hereafter belong, to the County Coninjissioneis
of Geftrget .wn County over the i)oor of said County. And, for the
purpoj^e of raising funds to provide for the comfort and support of
the said j)oor, the said Intendant and Wardens Tiuiy assess and col- p,?i"^(^f ' 'jhe
led a poor tax on the taxable property of the said town, in the i'""''-
same manner as they assess and collect taxes thereon fi-r the sup-
port of the government of the town : Provided, That said tax shall
not exceetl ten (10) per cent, on the amount of taxes tlu-rein j)aid
to the said town : Provided, further, That the tax jiayers of the said

16 STATUTES AT LAIIGE

A. D, i-?2. ty^yn of Georgetown .<hall not be taxed for the support of tlie poor
^ outside of the corporate limita of said town.

Approved January 8, 1872.

No. 12. AX ACT TO Amexd an Act entitled " An Act to Incorpo-
KATE Certain Towns and Villages, and to Renew and
Amend certain Charters heretofore Granted."

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
Honca Path, j-al Assembly, and by the authority of the same. That so much of
amended. an Act entitled " An Act to incorporate certain towns and vilhiL^t s,
and to I'enew and amend certain ciiarters heretofore granted," and
approved at the session of the General Assembly, 185-5, in so far aa
relates to the town of Honea Path, in Anderson County, be so
amended as to confrr upon the said corporation all the privileges,
rights and immunities now enjoyed by the town of Anderson, in
accordance with their amended charter.

Sec. 2. All Acts and parts of Acts inconsistent thereto be, and
the same are hereby, repealed.

Approved January 31, 1872.

Xo. 13. aX ACT TO Amend an Act (No. 382) entitled "An Act
TO Grant, Renew and Amend the Charters of Certain
Towns and Villagf^ therein mentioned," commencing
with Section No. 36 or said Act, relating to the In-
corporation OF the Town of Wrightsville, passed at
the Regular Sfasion of the General Assembly of the
State of South Carolina, 1870-71.

Corporators.

Section 1. He it enacted by the Senate and House of Rejire-
sentativci! of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That, from
and after tiie i»assage of this Act, all citizens of this State, havin^i
resided twelve months within this State, and sixty days in the vil-
Name and \r^^Q of Wri'dit^ville, shall be deemed, and are hereby declared to

limits of town '^ , . i • i -li i ii i

be, a body politic and corporate; aiul the said village shall be

OF SOUTH CAROLINA.

called an<l known by the n;iau' of Wri;^'htsville ; and its corixtrato
liniits shall include Edi.-^to Inland, toj^cther with Eddin<i:svillc.
The nietcs and hounds of said town of Wrightsville will be bounded
on the north by North Edisto Inlet or River, on the south by
South JMis.to River and St. Heleua Sound, and on the ca.st by At-
lantic Ocean, and on the west by Johosse Island and Edit^to River.

Skc. 2. That the said villajre shall be governed by an Intendant
and liiur Wardens, who shall be citizens of the United States, and
who shall have resided in this State twelve months, and shall have
bteu residents of the said village si.xty days immediately j)rcce<ling
their election, and who shall be elected on the third Monday in
May, 1872, and on the same day in each year thereafter, ten days'
public iiotice thereof being previously given ; and that all male in-
habitants of the age of twenty-one years, citizens of the State, and
who shall have resided within the State twelve months, and in the
sjxid village sixty days immediately precediiig the election, shall be
entitled to vote for said Intendant and Wardens — paupers and i)er-
sons under disabilities for crime excepted.

Si;c. 3. The said election shall be held at some convenient public
place in said village, from eight o'clock in the morning until four
o'clock in the afternoon'; and, when the polls shall be closed, the
Managers shall forthwith count the votes, and declare the election,
anil give notice thereof, in writing, to the Intendant therein being,
who shall, within two days thereafter, give notice, or cause the
same to be given, to the persons duly elected : Provided, The Com-
missioners of Election of Charleston County shall call the first elec-
tion under this Act, and shall appoint Managers to conduct the
same, who shall make returns thereof to the Commissioners, the
same as other elections held in this State; and the said Commis-
sioners shall count the votes and declare the election, and. notii^
the ])ersons so elected Intendant and Wardens of the said village.
The Intendant and Wardens, before entering upon the duties of
their offices, shall, respectively, take the oath prescribed by the Con-
stitution of the State, and also the following oath, to wit: "As In-
teixlant (or Warden) of the village of AVrightsville, I will equally
and iiM))artially, to the best of my ability, exercise the trust reposed
in lae, and will use my best endeavors to preserve the i)eace and
carry into effect, according to law, the purj)oses for which I have
been elected : So help me God." And if any jterson, Mpi)n being
elected Intendant or Warden, shall refuse to act as such, he shall
fnrfcit and pay to the Council the sum of twenty dollars, for the use
of the said village: Provided, That no jierson who has attained the
age of sixty yeai*s shall be corajjelled to serve in either of said
offices; nor shall any other person be comp(>lled to serve, either as
2

A. D. 1672.

Qualification
oi Intendant
and Wardens.

Electors.

Election .

By whom
called.

Oath of of-
fice.

Penalty for
refusal to

serve.

Troviso.

STATUTK.S AT LARGE

A. D. 1872.

Maoagers.

Vacancies-
how filled.

Judicial
powers.

Rights and
privileges.

Marshals —
thfir powers
and duties.

Market and
guard house
may be estab-
lished.

Iiitendaiit or WanUn, more tliau one year in any term of tin
ye:u-<. Tlie Inttndaiit and Wardens, tor the time beinj:, sIki
al\v:iy.s a])p()int one or more Boardi; of Managers, three Manag<
for tach lioard, to (.■onthict the election, \vho, before they open tiie
polls, shall take an oath fairly and impartially to conduct the
eanie.

Sec. 4. That in ca.se a vacancy shall occur in the oflice of lii-
tendant, or any of the Wanlens, by death, resif^nation, removal, or
otherwise, an election to fill such vacancy shall he held by order of
the Intendant and Warden.*, or a majority of them, ten days' pul)-
lic notice being previously given ; and, in ca.se of sickness or tem-
porary absence of the Intendant, the Wardens, forming the Coum
shall be empowered to elect one of the number to act as Intend;:
during the time.

8ec. 5. That the Intendant and Wardens, duly elected and fjuali-
jBed, shall, during their term of service, severally and respectively.
be vested with all the powers of Trial Justices, or Justices of i
Peaoe, as the case may he, in this State, within the limits of the
said village, except for (lie trial of small and mean cau.*e8; and the
Intendant shall or may, as often as is necessary, summon the W:: -
dens to meet in Council, any three of whom, with the Intendant,
shall constitute a quorum to tran.sact Inisiness; and they shall l>e
known as the Town Council of Wrightsville ; and they and th. r
successors in office, hereafter to be elected, may have a comnmn
seal, which shall be affi.xed to all of their ordinances ; may sue and
be sued, plead and bo impleaded, in any Court of Justice in thia
State; and purcha.^e, hold, po.<.<es8 and enjoy, to them and their suc-
cessors, in perpetuity, or for any term of years, any estate, real, per-
sonal or mixed, and .sell, alien or convey the same : Prov'ulrd, The
same shall not exceed, at any one time, the sum of ten thousand
dollars. And the said Town Council shall have authority to ai>
point, from time to time, as they may see fit, such and so many
l)roper persons to act as Marshals, or Constables, of said village, as
the said Council may deem necessary and expedient for the preser-
vation of tho i)eace, good order and police thereof; whicli persons,
so appointed, shall, within the corporate limits of said village, have
the power and privileges, and be subject to all the obligations, pen-
alties and regulations provided^ by law for the office of Constable,
and shall be liable to be removed at the jjleasure of said Council;
and the said Town Council shall have power to establish, or au-
thorize the establishment of, a market house in said village; also,
to authorize the establishment of a guard house, and to prescribe
suitable rules and regulations for keeping and governing the sai
and until the said guard house be established, they shall be auth ..-

OF SOUTH CAROLINA. 19

i/ctl to use a room in the common jail in the Connty of C!haileston, ^^ ^' '"'-•
for tiie conlinement of all who may he snltject to he committed for
a vii'hilion oi any orili nances, rules and regulations ofsaifl town;
and tiie said Town Council, or the said Intcndant and Wardens, in
iH-rson.anv one or more of tluMU, may authorize and rcfiuirc anvMar-

» ' • . . Pfiv.i Ttoiir-

shal of the town, or any Constahle, speeially appointed for that pur- ^f^i soul com-
pose, to arrest and commit to the said guard house, or jau of Charles-
ton C'ounty.as the case may he, for a term not exceeding twenty-four
hours, any person or persons who, within the corporate limits of
eaid town, may be engaged in a breach of the peace, any riotous or
disorderly conduct, open obscenity, public drunkenness, or any con-
duct grossly indecent, or dangerous to the citizens of said town, or
any of them; and it shall be the duty of the Town Marshal, or
Constables, to arrest and commit all such offenders, when required
so to do, and who shall have power to call to their assistance the
pos-ie comitatus, if need be, to aid in making such arrest; and u|)on ronaity for

, ,. ., r- ^ rr> /. i i ■ i ! nfgleCt Of

the tailure or such oracers to periorm such duty as required, they iiuiy.
shall, severally, be subject to such fines and penalties as the Town
Council may impose upon them; and all persons so imprisoned
shall pay the costs and expenses incident to their imprisonment,
which said costs and expi-nses shall be collected in the same manner
as is jji-ovided for the collection of fines imposed for the violations
of ordinances, rules and regulations: Provided, That such impris-
onment shall not exempt the party from the payment of any fine
the Council may impose for the off-.^nse which he, she, or they may
have committed. And the said Town Council shall have full power ^!'V make

1 , . 11- rnlf s and reg-

and authority, under their corporate seal, to make all such rules, uiaiious.

regulations, by-laws and ordinances respecting the streets, roads,

! and the business thereof, as well as the police system of the said

I town, as shall appear to them necessary and proper for the security,

welfare and convenience, and for preserving health, order and good

government within said town. And the said Town Council may „.
?.,,.. -^ Fnies.

impose fines for ofl'cnses against their by-laws, rulei and regulations

iaud ordinaucas, and appropriate the same to the public use of said
town ; and the said Town Council shall have the same power that
Trial Justices, or Justices of the Peace, now have, or may horealtor

■ have, to compel the attendance of witnesses, and requiring them to
give evidence, upon the trial before them of any pers'in or persons
for a violation of any of their ordinances, by-laws, rules or regula-

(tions; but no fine above the sum of twenty- five dollars shall be col-
lected by said Council, except by suit in tiie prnpor Courts of jus-
tice in this State; and, also, that nothing herein contained shall
authorize said Council to make any ordinance or by-law inconsistent

I with, or repugnant to, the la^vs of the State.

20 STATUTES AT LARriK

A. D1S72 Src. G. That tin- said Iut('n<laiit and WanKus, or a niaj..rity of

* '' ' them shall have power to al>ate ami remove all nuisances in eaid
Nulsanrcs. ' ..,,.> i n i i • i

town; and it shall lie their duty to keep all roads, ways, bnd.

a^iTltre^sr "'"^ streets, iu said town, open an<l in good repair; and, for tl:
purpose, they are invested with all the powers of County Comni
siouers, or Commissioners of Roads, for and within the corpon.
limits of the said town ; and they may lay out new streets, close n
wi<len, or otherwise alter those now in use ; and shall have U:
power to classify and arrange the inhahitants or citizens of said
town, liable to street, road or other public duty therein, and to for--
the performance of such duty, under such penalties as are now.
shall hereafter be, prescribed by law; and they shall have power tu
May com- Compound with all persons liable to work the streets, ways and

perJons livable roa.ls, in said town, upon such terms as their ordinances or by-1;.

to street duty. ^^^^^ establish, or their rules and regulations require— the money. s
so received to be applied to the public uses of said town ; and all
persons refusing to labor, or failing to pay such commutation, si.
be liable to such fine, not exceeding twenty dollars, for any one ye;
as the said Town Council may impose; and they shall have i
power to enforce the payment of such fine, in the same manner aa
is now, or may be hereafter, provided for the collection of County
taxes. And the said Town Council shall have power, with the con-
sent of the adjacent land owners, to close all such roads, streets :.
ways within the said town, as they may deem necessary, by the >
of the freehold therein, either at private or public sale, as they i:
adjudge best for the interest of the said town ; and they shall ki
in repair all such new streets, roads and ways as they may, fr
time to time, deem necessary for the improvement and couvenie:
of said town : Provided, That no street, road or way shall be
opened without first having obtained the consent of the land own.r
or owners thereof, through whose premises any such new street, r.
or way may pass.
Sidewalks. Sec. 7. The said Town Council shall have power and authority
to require all persons owning a lot or lots, in said town, to close i i,
and to make and keep in goo<l repair sidewalks in front of said
or lots, whenever the same shall front or adjoin any public streei
said town, if, in the judgment of the Council, such sidewalks shall
be necessary — the width thereof, and the manner of construction,
be designated and regulated by the said Town Council; and for
fault or refusal, after reasonable notice, to make and keep in g" 1
re]>air such sidewalk, and to close such lot or lots, the Town Com
may cause the same to be made, or put in rei)air, and require i
owner to pay the price of making or repairing; and the said T
Council are hereby empowered to sue for and recover the same, ..y

OF SOUTH CAROLINA. 21

II of debt, in any Court of" com])ctent juri>f]iction : Provided, a. n. 1872.
, ,1 such contract lor making or ropairint; is let to tlicj lowest bid- . ^ "~ ,

r> ' o Hoard of

I I. The said Town Council shall appoint throe discreet persons, H<aitii—tiioir

. , powers and

wiio shall Ibnii u Board of Supervisors of the Health, who shall duties.

have ])ower over the ways and water couises, ditches and stagnant

wat«r ponds, and take such other sanitary measures as the public

health recjiiire, giving twenty <lays' notice to the occuj)ants of said

j)rt inises, where the said nuisance lies, and in default of non com-

pliaO'C with the order of said Board, liie parties so offending shall

be fined in a sum not less than twenty dollars, or thirty days in the

County jail, for each and every offense, the said conij)laints to be

brought before any Trial Justice, or Justice of the Peace, in and

for the County of Charleston. The said Board shall have power

;over the cemeteries and public grave yards within the corporation.

I Sec. 8. The Intendant and Wardens of the said town, or a ma- Licenses,
jority of them, shall have full pov\er to grant or refiisc licenses to
'keep taverns or retail spirituous liquors within the corporate limits
'of the said town, upon such condiiiou, and under such circumstances
|as to them shall seem proper and right: Provic/et/, That in no iu-
Istanee shall the price of a license to keep a tavern, or to retail

spirituous liquors, be less than the amount that is established by the
[State; and all moneys paid for licenses, and for fines and forfeitures,
ishall be appropriated to the public uses of said town: Provided,

That the Intendant and Wardens duly elected shall not have
I power to grant any license to keep taverns, or retail spirituous
[liquors, to extend beyond the term for which they have been
^elected. They shall have power to regulate sales at auction within gj^ics at auc-

the corporate limits of the town, and to grant licenses to auctioneers, ^^°°"
jitineiant traders, to keepers of hotels and livery stables, and to levy

a fax on all drays, carts, wagons, carriages, omnibuses, buggies,

horses, mares, mules kejjt for hire or used for public purposes in
^said town ; and tlu'V shall have the full and only power to impose a
■tax on all shows or exhibitions for gain or rewarvl within the cor- shows, &p.

porate limits of said town; they shall have power to inqiose a tax,
»not exceeding twenty centos on every hundred dollars of the value of
|all real and personal property lying within the corporate limits of

the town — the real and personal property of churches and schools
'and college associations excepted. That an ordinance declaring Rates of tax-
; the rates of annual taxation upon ])roperty, and other subjects of published,
(annual taxation for the year, shall be i)ublished at least three weeks
'duiiiig the month of January, in each year: Provided, That the
'said Town Council shall have ijower to lew a tax for this vear, As-^^ossinent

i ,,. 1 ii 1 . I , . i. 1 . . ■ *"'"' taxation

■ under the same rule as is above stated, immediately after the pass- of property.
[ age of this Act, and that all j)ersons liable to taxation under the

22 STATUTES AT LARGE

A. D i'7-2. gjiiue bIiuII make oath of their taxable property witliin said town,
^ ^ and make' payment of their taxes to the Clerk or Trejipurer of said
corporation, or sneh other person as they may be ordered or re-
quired to (i<t, tUiring the succeeding month alter j>ublicatioii ; and
upon the failure to make sucli return and j)ayment, as required, the
fiifhuo'\o ^vZ P^''^''^^ ^<^ in default shall be subject to the penalties provided bylaw

turn prop- f,j,. failure to pav the general State and Countv taxes, to be enforced
crty. . T "

by the orders of the Intendant and Wardens, or a majority of

Executions, them, tor the use of said town, except that in such cases that exe-
cutions to enforce the payment of such taxes shall be issued under
the seal of the corpf)ration, and may be dircfted to the Town
Marshal, or other j)erson apjiointed by the said Town Council, to
levy, collect and receive the same, with costs, as in such cat^es n)ade
and })rovided by law; and all j)roperty, upon which such tax shall
be levied and assessed, is hereby declared and made liable for the
payment thereof, in preference to all other debts, except debts due
to the State, which shall be first jiaid ; aiid that all other taxes im-
posed by the Intendant and Wardens, or a majority of them, shall
be payable in advance by the parlies lial)le for the same, and on
failure of payment, their property shall be liable for the same, as iu
manner and form just before stated.

Sec. 9. The Intendant and Wardens elect, together with Clerk
and Treasurer, shall, during their term of office, be exempt from
Shall pub- street and police duty. Each Town Council shall, within one month
receipt^s'''anfi after the expiration of their term of office, make out and return to
expeiuiitures. ^^q^^. successors in office, a full account of their receipts and expen-
ditures during their term, which account shall be pulilislied in one
or more papers of the County ; and shall pay over all moneys in
their possession belonging to the corporation, and deliver u\\ all
books, records and other papers incident to their office to their
successors, and on failure to do so they shall be liable to be fined
in a sum not exceeding five hundred dollars, to be collected by any
proper action of the Town Council.
Oniinancea ^'''^- 1^^- Tliat all ordinances or by-laws passed by the Town
vaiiaated. Council of Wrightsville shall be binding upon the citizens of said
town, the same as the laws of the State.

Sec. 11. That all Acts and parts of Acts inconsistent with, or
sup[)lied by, this Act be, and the same are hereby, repealed.

Sec. 12. This Act shall be deemed a public Act, and continue in
force until repealed.

Approved January 31, l-'^72.

OF SOUTH CAROLINA. 2J)

AN ACT TO IxcoKPoiiATi; Tin; Waij'.oo W'iiakf Comi'any. a.d. is72.

SwTlON 1. lie it enacted by tlio Sciiiiite and Ilmise of" Koprc.-'cn- No. 14.
tativcs of the .State of the Soulli Carolina, now met and .sittin;,^ in
General Assembly, and by tlic authority of the .same, That George corporators.
Avinijcr, Samnel Brcttas, Thomas Davis, Daniel Anderson, Jacob
jNTcDanicls, their a.-^sociates and successors in office, be, and they
ui-e hereby, constituted a body jxditic, under tin; name and style of
the " Walboo Wharf Company," with a capital stock not exceed- Cap't'»i «^ock.
ing ten thousand doHars, with the right to sue and be sued, to plead
and be impleaded, in any Court of competent jurisdiction ; to have
and to use a common seal, the same to alter at will and pleasure :
Provided, That said corporation shall have all the privileges, powers and
and be subject to all the liabilities and restrictions applicable ^'^'^* ^^*'^'
thereto, of.the Act to regulate the formation of corporations.

Sec. 2. This Act shall be deemed a public Act, and shall remain
in force for a term of fourteen years.

Approved January 31, 1872.

AN ACT TO Empower the Judges op the Probate Court, in No. 15.
THEIR Respective Counties, to Issue Executions.

Wherea.s doubts have arisen whether the Judges of the Probate
Court in this State are authorized to issue executions to carry into
effect any order, sentence or decree of such Court ; therefore,

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That, from and Proimte
after the passage of this Act, the Judges of the Probate Court, in i> \u- ixecu-
the several Counties in this State, may, and they are hereby, fully
anthorized and emjiowered to issue executions, when that is the
necessary and proper process, to carry into effect any order, sentence
or decree of such Court.

Sec. 2. That all Acts and parts of Acts inconsistent with this Act
be, and the same are herel)y, repealed.

Ap])roved January .'>!, l'*^72.

tiousi.

AN ACT to iNcoui'OKArE the Youn« Men's Free Enter- No. 16.
ruisE Council, No. 1, ov Georgetown, South Cai;<>i.ina.

AVhereas George H. Powley, Moses Smalls, T. G. Rutledgc, An- Corporators.

J4 STATUTES AT LAIIOE

A.D. is72. thony .Tondiiio: and Julius C. Sinalls have prajed that the Young
"*" Men's Free Enterprise L'cjuncil, No. 1, of (Icorgetowu, South Caro-

lina, may be incorporated ; therefore,

Section 1. Be it enaclfd hy tlie Suniite and House of Represen-
tatives of the State of South Carolina, now met and fitting in Gene-
ral Assembly, and by the authority of the same, That, from and
immediately after tin- passage of this Act, all tho?e per.-jon.-; who are
now, or who hereafter may become, niemberd of the said Council,
shall be, and are hereby, incorporated, and are hereby declared to
Corporate be a body politic and corporate, in deed and in law, by the name
name. ^^^ Style of the " Young Men's Free Enterpri.se Council, No. 1, of

Georgetown, South Carolina;" and by the said name shall have
perpetual succession of officers and members, and a common seal,
with power to change, alter and make new the .same as often as the
said corporation shall deem expedient.

„. ^ Sec. 2. That the said corporation shall be capable, in law, to

Rights, pow- . ^ . , . .

er:< and priv- purchase, have, hold, receive, enjoy, po.s8ess and retain to itself, in

perpetuity, or for any terra of year.-, any lands, tenement.-: or heredit-
ament.*, or other property, of what nature soever, not exceeding
the sum of ten thousand dollars, or to sell, or to alien the same, as
the said corporation shall think fit: and, by its name, to sue and be
sued, plead and be impleadi-d, in any Court of law or equity in this
State; and to make such rule.^* and by-laws, not repugnant to the
laws of the land, as, for the order, good government and manage-
ment thereof, may be thought necesr.-ary and expedient.

Sec. 3. This Act shall be deemed a public Act, and continue in
force for the term of fifteen years.

Approved January 31, 1872.

No. 17.

AN ACT TO Charter the Town of Bei.ton, in the County of
Anderson, and State of South Carolina.

Section 1. Be it cnnded by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
Corporators, eral Assembly, and by the authority of the same, That, from and
after tliQ passage of this Act, all citizens of this State, having re-
sided sixty days in the town of Belton, shall be deemed, and are
hereby declared to be, a body politic and corjtorat*'. and the said
town shall be called and known by the name of Belton, and its

OF SOUTH CAROLINA. 25

corporate limits yluill exttiid oneliall' mile in oadi direction fiom a. D. i.^tj.
the depot in said town.

llmlta.

Sec. 2. That the said town siiull he L'(»virne<l hv an Intcnthmt

^ . : <)fflcer8.

and si.\ Wardens, wlio shall be citizens of the United States, and

shall have been residents of the said town for si.xty days immedi-
ately preceding their election, who shall be elected on the second £le6io8r.
Monday in April, 1872, and every year thereafter on the second
Monday in January, ten days' public notice thereof being previ-
ously given ; and that all male inhabitants, of the age of twenty-
one years, citizens of the State, and who shall have resided in the

• , n . 1 • ,1 ,• , I • , ,. Election,

eaid town tor sixty days immediately preceding the election, shall

be entitled to vote for said Inteudant and Wardens.

Sec. 3. That the election for Intendant and Wardens of the said
town shall be held in some convenient house, or some other conve-
nient public place iu said town, from 9 o'clock in the morning un-
til 5 o'clock iu the afternoon, and, when the polls shall be closed,
the Managers shall iortlnvith count the votes and proclaim the elec-
tion, and give notice, in writing, to the persons elected. At the
first election for Intendant and Wardens, Messrs. G. W. McGee, B. Eiectiou.
D. Dean and Ira Williams are hereby appointed to act as
Managers, with authority to supply, by appointment, vacan-
cies that may occur from death, refu-al to serve, or otherwise.
The Intendant and Wardens so elected shall appoint three Man-
agers to hold the ensuing and any subsequent election. The
Managers in each case shall, before they oi)en the polls for
said eiectiou, ta*ke an oath fairly and impartially to con-
duct the same ; and that the Intendant and Wardens, before
entering upon the duties of their respective offices, shall take the
oath prescribed by the Constitution of this State, and, also, the fol-
lowing oath, to wit: "As Intendant (or Warden) of the town of Oath of of-A
Belton, I will equally and impartially, to the best of my ability,
exercise the trust reposed in me, and I will use my best endeavoi-s
to preserve the peace and carry into effect, according to law, the
purposes for which 1 have been elected: So help me God." The
said Intendant and Wardens shall hold their offices from the time
of their election until the second Monday in January ensuing, and
until their successors shall be elected and qualified.

Sec. 4. That in case a vacancy sht>uld occur in the office of the howtiiiud.
Intendant, or any of the Wardens, by death, resignation, removal,
or otherwise, or in case of a tie in said election, an election
to fill such vacancy shall be held, by the appointment of
the Intendant and Wardens, (or Warden, as the case ujay be,)

26 STATUTES AT LARGE

A. D. 197'. tgn (lays' pu!)lic notice thereof bein^ previou.sly given; :iii<l,
"^ in case of the siekne.-*s or temporary absence of the luteiidiint,

the Wardens, forming a Council, shall be empowered to elect one
of their number to act in his stead during the time.

I'owtrs aiHl Skc. o. That the Inteudaut uud Wardens duly elected and quali-
iiuties. ggj ghall, during their term of service, severally and respectively,

be vested with all the jurisdiction and jxiwers of Trial Justices and
Justices of the Peace, except the trial of civil case-', and excejjt as
it may otherwise be provided in this Act, within the limits of said
lowu; and the Intendaut shall and may, as often as he may deem
necessary, summon the Wardens to meet in Council, any two of
whom, with the Inteudant, may constitute a quorum to transa'-t
business, and they shall be known by the name of the Town Couii-
cil of Belton; and they and their successors, hereafter to be elected,
may have a common seal, which shall be affixed to all the ordi-
nances ; and the said Town Council shall have authority to ai)j)()int,
from time to time, as they see fit, such and so many proper j)ersons

Marsiviis— to act as Marshals or Constables of the said town, as the said Town
audtiuUes." Council may deem necessary and expedient for the preservation of
the peace, good order and police thereof, which persons, so ap-
pointed, shall, within the corporate limits of said town, have the
powers, privileges and emoluments, and be subject to all the obliga-
tions, penalties and regulations provided by law for the office of
Constable, and shall be liable to be removed at the pleasure of said
Council ; and the said Town Council shall have power to establish,
or to authorize the establishment of, the market house in said town.
And the said Town Council shall have full power and authority,
By-laws and under their corporate seal, to make all such rules, by-laws and ordi-

ordinancL'S. . , , , , i i i ■

nances, respecting the streets, roads, market house, an<i the business
thereof, and the police system of the said town, as shall appear to
I them nef-essary and proper for the security, welfare and conve-

nience, and for preserving health, order and good gcjvernment
Fines. within the same ; and the said Town Council may impose fines for

offenses against their by-laws and ordinances, and appropriate the
same to the public use of said town ; and the said Council sIki1[
have power to comj)el the attendance of witnesses, and require tliem
to give evidence upon the trial before them of any person for violation
of any of these by-laws or ordinances ; but no fine above the sum
of twenty dollars shall be collected by the Town t'omicil, except by
suit in a Court of competent jurisdiction : And provided, aho. That
no fine .shall exceed fifty dollars; and, also, that nothing herein con-
tained shall autli()rize the said Council to make any by-law or ordi-
nance inconsistent with, or repugnant to, the laws of this State;
and all the by-laws, rules and ordinances the said Council may make,

OF SOUTH CAROLINA. 27

shall, at all times, bi; subject to ivvisal or repeal l)y the (ieiieral ^s- ^- ^- '"■'-•
seml)iy of this Stale.

Skc. 6. That the said Inteiidant and Wardens bIuiU have full Nui«ancvs.
])(i\ver to abate and remove nuisanees in the said town, kcej) all
roads, ways and strei^ts within the corporate limits in good repair,
and for that purpose they are invested with all the powers hereto-
fore <;rauted to Commissioners of Roads; and shall have full power

to classify and arran<i;e the inhabitants of said town, iial)le to street, ^J'*"?""" ''^*
•■ " ' Die to roiicl

road or other public duty therein, and to force the performance of a'>d street Uu-
sueh duty, under such penalties as are now, or shall heareafter be,
preseribed by law : Provided, That the said Town Council may com-
pound with persons lial)le to perform such duty, upon such terms,
and ou the payment of such sums as may be established by laws or
ordinances: yln(i/)row'derf,afeo, That the individuals who compose
tlic said Town Council shall be exemi)t from the performance o^
road and police duty, and the inhabitants of the said town are
hereby exempt from road and police duty without the corporate Exemptiona.
limits of said town.

Sicc. 7. That the ])ower to grant or refuse license for billiard Licenses,
tables, to keep tavern, or retail spirituous liquors within the limits
of the said corporation, be, and the same is herebv, vested iu the
Town Council of Belton ; and they shall also have power to impose
a tax on shows or exhibitions, for gain or reward, within the limits,
and all moneys so received shall be a})propriated to tiie public use
of sai<l corporation.

Sec. 8. That the said Town Council of Belton shall have power Arrests,
to arrest and commit to jail, for a space of time not exceeding
twelve hours, and to fine not exceeding twenty dollars, any per-
son or persons who shall be guilty of disorderly conduct in said
town, to the annoyance of citizens thereof; and it shall be the
duty of the Marshal of the town to make such arrest, and call to
his assistance the pos.'<e comitafus, if necessary ; and, upon failure to
perform such duty, he shall be fined in a sura not more than twenty
dollars for each and every offense.

SivC. 9. That the said Town Council of Belton shall also have Taxes,
power to impose and collect an annual tax upon the assessed pro-
l)erty of said town : Provided, No tax shall be imposed in any one
year to exceed the rate of ten cents on each hundred dollars of
such assessed property, and that the money so raised shall be a|)plied
to the use of the said town. Tlie said Town Council shall have
power to enforce the payment of all taxes levied by the said Town
Council to the same extent, and in the same numnor, as is now, or
hereafter shall be, provided by law for the collection of ihe general
State taxes.

28 STATUTES AT LA ROE

Src. 10. That the said Town Council (»f Ik-lton shall Invc power
to regulate sales at auction within the limits of eaid town, and to
tion. grant licenses to auctioneers : Provided, Nothing herein contained

shall extend to .<ales by Sheriff' Clerk of the Court, Judge of Pro-
bate, Coroner, Extcutor, Adrnini.-trator, Asjiignee in Bankruptcy,
or by any other person out of the order, decree of any Court, Trial
Justice or Justice of the Peace.

Sec. 11. That this Aci shall be deemed a public Act, and shall
continue in force until repealed.

Approved January 31, 1872.

Xo. 18. AN ACT AuxnoRiziNG E. F. Ex(;Li.-n to Blild a Dock, and
Collect Wharfage at Port Royal City.

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

E.F. English and bv the authority of the same, That E. F. English be, an«l he
authoiized to . , ' i • "i i -i i i i i ^ t> /• .

buiifi a tioek is herebv, authorized to build a dock to deep waters oi Beaufort

at Port Royal _^. * t» -r. t /-,• m ^ r i i

City. River, at Port Royal City, to collect wharlage on the same, and to

use, sell or lease said dock for his own benefit, subject to any laws
now existing, or hereafter to be made, in relation to such property.

Approved January 31, 1<'^72.

Ko. 10. AN ACT TO Incorporate the Scott Rii le Guards, of

Sumter.

Section 1. Be it enncied by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gtne-
Corporators ^^^ Assembly, and by the authority of the same. That Samuel J.
Par.«on, Joseph Sumter, Oscoe Roach, and their associates and sue'
cessors, bo, and they are herebv, incorporated and declared a body
politic, under the name and style of the "Scott Rifle Guards," in
deed and in law ; an<], as such l)ody politic, shall have the power to
Powers and "^^ ^^^ keep a commoD seal, and the same at will to alter; to make
privi.eges. j^]| necessary by-laws, not repugnant to the laws of the land ; and
to have succession of officers and members, conformable to such by-
laws ; to sue and be sued, plead and be impleaded, in any Court of

Title.

OF S^OTTII fAHOLIXA. 20

law or I'qnity in this State; ami to liavi-, use; and enjoy all other A. i). 1^72.
lights, and be fiiibject to all other liuhiiilies, incident to hodies cor- -r -

porate.

Si'-C. 2. That thi.s Act s^hall be deemed and taken to be a })ublic
Act, and shall continue in force for the space of fourteen years from
its passage.

Ai)[)rovcd January .'U, 1872.

AN ACT TO Rknkw thr Charti;r of the Palmetto Fire Xo. 20.
Engine Company, of Columbia.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the charter of the Pal- f'hnrter re-

V,. -n • /-i f. /-I 1 1 • 1 11 . ""-'Wed anil

nietto Jbire ii,ngine Company, 01 Columbia, be, and the same is extended,
hereby, renewed and extended for a period of fifteen years ; and
the said company is hereby authorized to adopt the name and style
of Palmetto Steam Fire Engine Company.

Approved January 31, 1872.

AX" ACT to Amend an Act entitled " An Act to Incor- Xo. 21.
PORATE THE Trustees of the Walterbouough Male
Academy."

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sittiii"- in
General As.sembly, and by the authority of the same, That an Act
entitled " An Act to incorporate the Trustees of the Walterborough ,^-
Male Academy," be so amended by striking out, in the fii-st Section f ".••»?"'"'"'■''

•' '' o ' -'-"->■ -" stricken nut

of the said Act, the names of the corporators, makincr null and ri;;iu.s. &v.

,, , . ° Vrslt!ll ill Dir^

void the powers of their successors, and vesting all the rights, privi- ^^^^'^ Tm-*
leges and imiTiunities in the Trustees of the School District wherein
the said Academy is located.

Approved January iJl, 1872.

A. n. 187-2.

Vnll.lity of
11 iiiiiniuije —
how Mlllriiiud.

Causes for
(livorcp.

Adiilterj'.
Desertion,

Jnrisiliclion
vosti'M ill cir-
cuit Court.

Bv whom
and where
the snii iniiy
be brought.

Suits for ''i-
vorc<! — liow
coiiimenced.

Costa— how
awarded.

Court or
.ludifft may
comptd the
man to sup-
port tlie \vo-
iiiKii or minor
chililren, &c.

STATUTES AT LARGE
AN ACT TO Rkculati: tiik Giuxtinc^ or Divorces.

Section 1. lie it enacted by the St'.nute and Hou.se of Represen-
tatives of the State of South Curolina, now met and sittinjj in Crtn-
eral Assembly, and by the authority of the same, Whi'n the validity
of a marriage .«hall l)c denied or doubted by eitiier of the partie.s,
the other may institute a suit for iirtirming the marriage; and,
upon due proof of the validity thereof, it .«hall be decreed to be
valid; and such decree .sliall be conchisivc upon all pert^ons fon-
cerned.

Sec, 2. That a divorce from the bond of matrimony may be de-
creed for the following causes :

1st. Adultery ;

2d. When either psirty willfully abandons or deserts the other
for the period of two years: Provided, That, when the .suit is insti-
tuted by the party deserting, it appears that the de.sertion was caused
by the extreme cruelty of the other party, or that the desertion by
the wife was caused by the gross or wanton and cruel neglect of the
husband to provide suitable mainteuauce for her, he being of suffi-
cient ability so to do.

Sec. 3. That the Circuit Courts of Common Pleas shall have origi-
nal jurisdiction of suits for iinnulling or affirming marriages, f>r fur
divorces. No such suit shall be maintained, unless the parties, or
one of them, is a citizen of tliis State, or shall have resided therein
at least one whole year jM-evious to instituting the same. The suit
shall be brought in the County in which the parties last cohabited,
or (at the option of the plainiitf ) in the County in which the de-
fendant resides, if a resident of this State; but if not, then in the
County in which the plaintitt" resides.

Sec. 4. That suits for divorce sliall be commenced by summons
and complaint, in the same manner as other actions ; and, whether
the defendant answer or not, the cau«o shall b' heard, indep<'ni;l*^ntly
of the admissions of either party in the pleading, or otherwise.
Costs may be awarded to eitlier party, as justice and equity may re-
quire.

Sec. 5. That the Court, in term, or the Judge, in vacation, i^jay,
at any time jiLiidiug the suit, make any order that may be proper
to compel ilie man to pay any sums necessary for thit maintenance
of the woman, and to enable her to carry out the suit, or to pre-
vent him from imposing any restraint on her personal liberty, or to
provide for the custody and maintenance of the minor children of
the parties during the pendency of the suit, or to preserve the es-
tate of the minor, po that it be forthcoming to meet any decree which

OF SOUTH ('Alio LIN A. 31

Tiiay Ix' msulf in tlic suit, or to comix! iiini to give necessary sc- a. d. ih72.
curity to alii'Ie such (Iccitp.

Sec. <). W'luii the suit irf lur divorce for lulultcrv, the divorce . i>ivorce —

whftn tot to
shall not he gnuitiMl if it appears that tho parties vohintarily co- i>eKii»ntiMi.

hahited after the kiio\vh'<iire of the fact of achiltery, or that it oc-
curred more than five years before the institution of the suit,
or that it was CDiiiniittcd by the procurement or connivance of
the phiintiff.

Skc. 7. Upon decreeing the dissolution of a marriage, and also Power of

upon decreeing a divorce, the Court mav make such further decree in«ke lurthcr

' . ' tiecree-, Ac.

as it shall deem expedient concerning the estates and maintenance of

the parties, or either of them, and the care, custody and mainten-
ance of the children, and make a new decree concerning the same,-
as the circumstances of the children may require.

8i:c. <S. "When a divorce is y-rantcd for the cause of adultery or wir«»-when

" -' entitled to

willful desertiiin, committed by the husband, the wife shall be en- iit-r uowcr.
titled to her dower in his lands, in the same manner as if he were
dead ; but she shall not be entitled to dower in any other ca^-^e of di-
vorce from the bond of matrimony.

Sec. 9. Upon the dissolution of a mari-inge by a decree of nullity ♦i^.^'"? ^?*'*
or divorce, for any cause, except that of adultery conuuitted by the ^^^^ e.stixtc,
wife, the wife shall be entitled to the itninediate possession of her
real estate, in like manner as if her husband were dead ; and the
Court may make a decree, restoring to the wife the whole, or any
part, of the personal estate that may have come to the husliand by
reason of the marriage, or awarding to her the value thereof in
money, to be paid by the husband.

Sec. 10. When the Court deems it proper to award to the wife nusi.r.n.i to
any personal estate, or money in lieu thereof, it may require the xl^xc' ^he^^ ro-
husband to disclose, on oath, what personal estate has come to him ^i'lVrHiige ^^
by reason of the marriage, and how it has been disposed of, and
what portion thereof remains in his h:inds.

Skc. 11. When a divorce is decreed ibr any of the causes men- Alimony,
tioned in Section 2 of this Act, tho Court granting it may decree
alimony to the wife, or any share of her estate, in the nature of
alimony, to the husband.

Skc 12. When alimony or other annual allowance is decreed ft>r ^ccmity for

, .,. 1-11 1/1 • /i> • • 1 pavnicnt of

tlie Wife f)r ehihlren, the (. ourt may j'e(]Uire surheient security to be iiiimouy.

given for its payment, according to the term.s of the decree.

Sec. 13. Upon actions of divorce for the cause mentioned in Sec-
tion 2 of this Act, in order to seeuri! a suitable support and main-
tenance to the wiie and such children as may be committed to her
care and custody, an attachment of the husband's real and personal Atti\cinnent.
estate may be made by the otiicer serving the summons. The amount

32 STATUTES^ AT LARGE

A. D.iRT-i. for whicl) tlio attarhuH'iit may be made shall be expressed in the

•^ -' warrunt of attach luent, which must be oljtaiued lr(jm a Judge or

a Clerk of the Court in which, or before whom, the action is

brought.

Laws of Ht- ^^■^- ^"^" That all laws relating to attachment of real or personal

tachiiieiit !ip- estate shall applv to atUichments herein provided for, so far a> the

pi leal lie nil- . .

aer tills Act. game are not inconsistent with this Act.

Divorce— Sec. 15. When an inlial)itant of this State, whose marriage has
been consummated therein, shall go into another State or coun try-
solely to obtain a divorce, for any cause occurring here, and whilst
the parties resided here, or for any cause which would not authorize
a divorce by the laws of this .State, a divorce so obtained shall be
of no force or effect in this State.

Api)roved January 31, 1872.

wlien of noil
e fleet

\^ 99 AN ACT TO Revive and Extend the Charter of the Relief
Loan Association, of Charleston.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the Slate of South Carolina, now met and sitting in Gene-
Chi.rtcr— ^al Assembly, and by the authority of the same, That the charter
extijudcd ^^'^ o^ ^'^^ Relief Loan Association, passed on the twentieth day of De-
cember, in the year of our Lord one thousand eight hundred and
fiftv-six, be, and is hereby, revived and extended for the term of five
years from the date of this Act.
Rights, pow- Sec. 2, The said A>sociation is hereby re-invcsted with all the
fiegea''^ P""'^* rights of property, which it had at the expiration of its charter, or
which its trustees may have acquired since; and shall have power
to sue for and collect all amounts due to the said Association, or its
trustees, and to sell and convey all the said estate, real or personal,
for the closing up of the said Association.

Approved January 31, 1872.

Xo 23 ^^ ^^'T "^^ Alter and Amend an Act to OufJANiZE and
Govern the Militia of the State of South Carolina.

OF SOUTH OAUOLTXA. ^3

Soiilh Ciiroliiia, :ii)i)rovt.'d Miircli 1(5, ly()!(, is licnhy ultt-red iind a.i». lw7.i.
anu.'iuled s(j as to read: " Tho duties of (^Jiartfrrnaster Goncral *'

sliall devolve iipmi the Adjutant Oeneral in times of peace."

Skc. 2. That thi- ofHt-e of Assistant Adjutant General he, and is
herehy, aholislu'd, and the duties of that uHire are herehy conferred
upon the Adjutant Gencrul.

Skc. 3. That all Acts or part^ of Acts inconsistent with this Act
be, and the same are hereby, repealed.

Ai)proved February 2, 1872.

AX ACT TO Regulate the Manufacture AiND Sale of j^q. 25.
Commercial FKiiriLiziORS in the State of South Caiio-

LINA.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in

General Assembly, and by the authoritv of the same, All comnier- ah fortinzers
.,,..,. ■ , , , , , ■ -. 1 • 1 ,-, n r^ , to be labelccl.

cia]iertuizersmanuiactured,sold, or kept tor sale, m tiie State or South

Carolina, shall haye affixed to every bag, ^barrel or parcel thereof
a written or printed label, Avhich shall specify the names of the man-
nfactui-er and seller, their respective places of business, and the con-
stituent parts thereof ^

Sec. 2. Wlioever manufactures, sells, or keeps for sale, any commer-
cial fertilizer or fertilizers, not labeled in accordance with the provisi'^ns fal3e"lubelin|
of the preceding Section, and whosoever shall affix to any bag, barrel label!" "^^ °
or other parcel of any fertilizer any label not truly specifying the
constituent parts thereof, and the names of the manufacturer and
seller, shall be punished by a fine of twenty dollars for the first of-
fense, and a tine of forty dollars for the second and every subse-
quent offense, one-half of which shall, in every case, be for the u.se
of the prosecutor.

Sec. 3. This Act shall be deemed a public Act, and be in force
after its ratification.

Approved February 2, 1872.

34 STATUTES AT LARGI-:

A. D. 1872. ^\^x ACT To iNcoiirouATi: T!ii: Knti;i:j'|{1«i: Association, ok

-, ,,. CiiAULK.sToN, South Cauolina.

r« o. '2b.

SiX'TioN 1. lie it cimcUd ljy the Senate and House ol" Ilepre.seii-
tatives of the State of South Carolina, now met and sittiing in Gene-
Coiporators. ral Assi-nihly, and by the authority of the same, Tiiat Jacol) Mills,
T. A. Davis, N. Spencer, Saniuel Marion, Aaron Wrighti-n, Abra-
ham ^^'illiaIns, Joseph Parker, S. B. Middloton, Richard White,
George Martin, Jacob Royal, John A. Adams, R. N. Gregorie,
Isaac Weston, Edward Weston, their associates and successors, are
hereby made and created a body politic and corporate, under the
Title. name and style of " The Enterprise Association, of Charleston,

South Carolina."

Sec. 2. And said corporation shall have power to make by-laws,
,^ not repugnant to the laws of the land, and shall have succession of
privileges. officers and members, according to their election ; and to keep and
use a common seal, the same to alter at will ; to sue and be sued in
any Court in this State; to have and enjoy every right, power and
privilege inciileut to such corporations; and it is hereby empowered
to acquire, retain and enjoy all such property, real and personal, as
may be given, or bequeathed to, or purchased by, it, and to sell, con-
vey or mortgage the same, or any part thereof, at will.

Sec. 3. That said corporation nuiv, from time to time, invest

May a^siprn , • ,' • • • i i

rn(i(iis<po9eof moneys, assets, or any property which it may acquire, in such real

and personal property, bonds, stocks, or in sureties, in such sums
and on such terms and conditions, as it may deem proper, and to
execute" bonds, &c., under its corporate seal : Provided, Tiiat the
maximum value of all property, held and owned by said corpora-
tion, shall not exceed fifty thousand (50,000) dollars.

Sec. 4. This Act shall continue in force during twenty years,
and may be given and taken in evidence without being especially
pleaded.

Ai)provc'J February 2, 1872.

No. 27. ^N ACT to Repeal an Act entitled "Ax Act to Estah-
Lisii A Bureau of Acjricultukal Statistics for the En-
couragement OF Indu.strial Enterprises, and to Invite
Capital to South Carolina for the Development of
the Resources of the State."

Section 1. Br it enacted by the Senate and House of Repre-

OF SOUTH CAROLINA. 35

Bcntatives of tlie State of South Carolina, now met and sitting in ^- ^- '^-•

General Asseml)ly, and by the authoriiy of tlie same, That an Act ^\cte3j,i,,,|Hh-

entitk-il " An Act to establish a Bureau of Ajirirultiiial ^tJitistics |^"^« ^ ^^i^u^^i^JI

for the cncourntrt'inont of industrial entcrprisi'?, and to invite capi- i">ii sint sties
, f' ' , , ' repealed.

tal to South (y'andina for the development of the resources of the
State," passed the 26th day of September, A. D. 1868, be, and the

1 1 1 1 1 • 1 p /• Duties con-

eame is hereby, repealed, and tlic duties heretofore performed by ferred on 8c-

. . * ,. . • 1 1111 11 11 cretiiry of

the Commi-ssioner or Agriculture shall be, and the same are lierei>y, state,
conferred upon the Secretary of State.

Skc. 2. That all Acts or parts of Acts inconsistent with thi.^ Act
be, and are hereby, repealed.

Approved February 2, 1872.

AN ACT TO MAKE Appropriation for the Payment of the No. 28.
Per Diem of the Members of the General Assembly,
AND the Salaries of the Subordinate Officers, and
other Expenses Incidental thereto.

Section 1. Be it enacted by the Senate and House of Represen- ^iso.ono ap-
tatives of the State of South Carolina, now met and sitting in Gen- pr-pi'ii^tcd.
eral Assembly, and by the authority of the same, That, for the pay-
ment of the i)er diem of the members of the General Assembly, and
the salaries of the subordinate officers, and other expenses inciden-
tal thereto, the sum of one hundred and fifty thousand dollars, if so
much be necessary, be, and the same is hereby, appropriated out of
any funds in the Treasury not othervi'ise appropriated.

Sec. 2. That the Clerks of the Senate and House of Represen- ,

'^ f ertificates—

tatives be, and they are hereliy, authorized and directed to furnish i)y whom fur-

/. 1 • -IT • nisUt'd.

to each member of their respective bodies a pay certificate for the
amount of his per diem, to include such dates as the General As-
sembly shall, by concurrent resolution, direct.

Sec. 8. That such certificates shall conform to the provisions of By whom
Section 23, Article 2, of the Constitution of the State, and shall be auested. "'"^
certified by the President of the Senate and attested by the Clerk
of the Senate, for all members of that body, and by the Speaker of
the House of Representatives and by the Clerk of the same, for all
members of that body.

Sec. 4. That the subordinate officers and employees of the Gen- „
eral Assembly shall, in like manner, be furnished with certificates of oniinates-by
pay in such amounts as shall be fixed by that branch of the Gene-
al Asseml)ly to which such oliicers and employees shall, respectively,
belong : I^ivrided, lioicevcr, That the pay certificates, for services

36 STATUTES AT LARGE

A. D. 1872. reiulerod common to the two Iloueep, shall b*> signed by the Preai-

^ '~' dent of the Senate and coiintersigned by the Speaker of the House

of Representatives.

Treasurer Sf,c. o. That the Treasurer of the State is hereby authorized and

coimter? '^ directed to pay the said certificates, at his counter, out of any funds

in tlie Treasury not otherwise disposed of, and to hold the certificates

as his vouchers therefor, and he is authorized and required to retain

in the Treasury office all moneys from inconiing taxes.

Approved February 5, 1872.

No. 29. AN ACT to Incorporatk toe Town of CnrsTERFiELD.

Corporators.

Section 1. Be If enacted by the Senate and House of Represen-
tatives of the State of South Carolina, iiow met and sitting in Gen-
eral Assembly, and by the authority of the same, That the persons
residing within the area of one-half mile in the direction of north
and south from the Court House, in the County of Chesterfield,
and one-half of a mile in the direction of east and west from said
Court House, are hereby created a body corporate, under the name
of the town of Chesterfield, with the officers the same in number,
Powers and and having the same powers and privileges, and subject, in every
privileges. j-egpect, to the provisions of the charter granted to the town of
Manning, by an Act approved the 9th day of March, A. D. 1871.

Sec. 2. That this Act shall be taken and deemed a public Act,
and shall continue in force until amended or repealed.

Sec. 3. That all Acta and parts of Acts inconsistent with this
Act be, and the same are hereby, repealed.

Approved February 5, 1872.

No. 30. AN ACT to Repeal a Joint Resolution entitled "Joint
Resolution authorizing the Governor to Purchase Two
Thousand Stands of Arms, of the mo.«^t iMrnovED Pattern,
WITH usual Complement of Ammunition," approved March
16, 18G9.

Be it enacted by ihc Senate and House of Representatives of
the State of South Carolina, now met and sitting in General Assem-
bly, and by the authority of the same, That the Joint Resolution,

OF SOrTir CAKOTJNA.

entitled "Joint Resolution authorizing,' the Governor to purchase
two thousand stands of arms, of the most improved jiattern, with
usual complement of ammunition," approved Mar h 16, 1869, be,
and the same is hereby, repealed.

OFFICE SECRETARY OF STATE,

CoLUMDiA, S. C, February 5, 1872.
The foregoing Act, having been presented to the Governor of this
State for his approval, and not having been returned by him to that
branch of the General Assembly in which it originated within the
time prescribed by the Constitution, has become a law without his
approval.

(Signed } F. L. CARDOZO,

Secretary of State.

AN ACT TO ArpiiovE, Adopt and Make of Force the j^o. 31.
General Statutes of the State of South Carolina, Pre-
pared UNDER the DrRECTION, AND BY THE AUTHORITY, OF

THE General Assembly. ,

Be it enacted by the Senate and flouse of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same. That the General Statutes of „
, o . >. /-I- • General Stft-

the State of South Carolina, prepared, under its authority, by W. tutes adopttd

J. Whipper, C. W. Montgomery and D. T. Corbin, Esquires, and
reported to the General Assembly, be, and the same are hereby,
adopted as the Statutes of the State of South Carolina, and the
Acts, Ordinances and Resolves, recommended by their titles to be
repealed by said Commissioners, be, and the same are heieby, re-
pealed.

OFFICE SECRETARY OF STATE,

("oi.rMp.iA. S. C, February 10, 1872.
The foregoing Act, having been presented to the Governor of
this State for liis ajiproval, and not having been returned by him
to that branch of the General Assembly in which it originated

STATUTES AT LARGE

within tin- lime piesciihed l)y tljc Constitution, luuj become a law
witliuut lii.s a|t|»n)v:il.

(Signeil) F. L. CAKDOZO,

Secretar)' of State.

Ko. 32. AN ACT to Establish a Public Road in Baunwell and Or-
angeburg Counties.

Section 1. Be it enacted by the Senate and House of Repre.sen-
tatives of" the State of South Carolina, now met aud .sitting in Gen-
eral Assembly, and by the authority of the same, That J. D.
Road from Clecklv, F. E. Salina.^ Isaac S. Bamberg and Daniel Quattle])aum,
Fogie'rfMiii. l3e, aiid they are hereby, authorized aud empowered, immediately
after the passage of this Act, to lay out, construct and open a public
road, leading (by the best and mo.st direct way) from Bamberg, in
Barnwell County, to Fogle's Mill, on the Orangeburg Road, in
Orangeburg County.
Commission- Sec. 2. That, in the construction of said road, the Commissioners
bridges. "^ aforesaid shall cause to be constructed and erected such bridges as
they may deem necessary : Provided, hotcever, The cost of erecting
limued. ^^^^ i^^c^^^ bridges shall not exceed the sum of four hundred dollars, to
• be paid, equally, by the said Counties of Barnwell and Orange-

bu rg.

Sec. 3. That said Commissioners be further authorized and re-
out^^'persons ^l^ired to order out all persons, liable to road duty, residing within
(iutv^ ^° ^^^'^ ^^^ miles of the line of said road, as located, (excepting those liv-
ing in incorporated towns,) to perform three days' work, in each
month, on said road, until its completion.

Approved February 15, 1872.

No. 33. AN ACT to Regulate the Laboi: of Pei-.sons Confined in
the Penitentiauy of the State of fcouTH Carolina.

Section 1. Br it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
Procepds of ral Assembly, and by the authority of the same. That all labor, of
f-r Exclusive whatever character, which is now being, or may hereafter be, di.s-
suite.'° ^ ^^ charged by any pei>on or persona who are now, or may hereafter

OF ROIITIT r.MJOT.INA. 39

Ix', condiied in tlit.' IViiitmtiary of this Stale, shall he for tho ex- ^ ^- '^■-•
cliisivi' hc'iiefit of the State ; ami the lahor of the convicts in the
Penitentiarv shall not he hired to any person or persons for a price . Convict la-

•' _ • _ * _ ' ' _ nor not to ho

less than is paid to anv ntiier class of laborers for the saiiK! kind of hired for u

* / 1<VH l)rlf:<f

labor; and the Superintendent of said institution shall keet) a cor- tiiun is imui

1 • I 1 • 1 /• I 1 11 1- 1 *" othor )a-

reet record, statin;; tlie knul ot hioor, and the amount realizcfl borors for

11 1 1 <■ I • 1 1111 1 1 Kimiliir lubor.

theretor, and tiie wliole ot whieli amount shall l)e turned over to the

_, „, , , , -111- 1 • I 1 f Superlnten-

btate Ireasurer monthly, to be retained by luni, subject tothedrait dent to kco.p

»)f the said Superintendent, for the benefit of said institution, \vhich unr an.i

diaft shall be accompanied by a written statement of the items for izcd tutiefor"

Avhieh each amount i> required.

Skc. 2. Any violation of this Act, on the part of the Superin- violation

tiiKlent, shall be an official misconduct, and, on information of any °L, ^''.'^ J^.^^

■^ Oiiiciui mis-

person to the Attorney General, he shall immediately commence conduct,
legal proceedings against him therefor.

Sec. 3. All Acts or parts of Acts inconsistent with this Act are
liereby repealed.

Approved February lo, 1872.

AN ACT TO Incorporate the Mechanics' and Farmers' No. 34.
Building and Loan Association, of Richland County,
South Carolina.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That E. IT. Ilei- Corporators,
iiitsh, A. G. ]5reni/.er, John Agnew, M. J. Calnan, W. B. Nash,
AVm. Simons, S. B. Thompson, James Davis, .^sop Goodson, J. H.
]jryant, William Taylor, together with such other persons who are
now, or may be hereafter, associated with them, ])e, and th.ey are
hereby, declared a body jiolitic and corporate, for ilic j)urpo?e of pm-poso of
making loans of money, by certilieale or otherwise, secured by mort- ^°'P"'***'°"-
gage on real estate or personal property, or by conveyance of the
same, to their members and stockholders, or other persons, by the
name and style of the ^Mechanics' and Farmers' liuilding and I^oan
Association, of Richland County, Soutli Carolina, the capilal stock
(d" which shall consist of two thousand shares, to be paid in bv sue- t^apitai stock.
ce«sive monthly installments of one dollar on each share, so long as
the corporation shall continue. The said shares to be held, trans-
ferred, assigned aiul pledged, and the holders thereof to be subject

40 STATUTES AT J.AUGE

A. n. i>^7-'. j,, ^^,.]j f„„>g .,,,(1 forfeitures, for (U'fault in tlu'ir p:iyinent.s, accord-
" ^ iiig to such regulations as may he prfscriheil \>y the by-hiws of said

corporation.
Powers and '^•••<'- -• That the said corporation shall have power and aiiihority
piivilcgos. j^j make any such rules and hy-l .ws for its governimnt as are not
repugnant to the Constitution and laws of" tlie land ; shall haN'esuch
uuniher and succession of members and officers as shall be ordained
and chosen, according to the said rules and by-laws, made, or to be
made, by them ; shall have ami keep a common seal, and may alter
the same at will ; may sue and be sued, jjlead and be impleaded, in
any Court of law or equity in this State ; and shall have and en-
joy all and every right and privilege incident and belonging to cor-
porate bodies, according to the laws of the land.
May hoia anil Sec. •'). That ihc said corporation shall have power to take, pur-
property, chase and hold real estate, and to sell and transfer the same, from
time to time, to its members and <;thers, on such terras, and under
such conditions, and subject to such regulations as may be prescribed
by the rules and by-laws of said cor})oration : Provide<f, That the
real estate held by said corporation shall not, at any time, exceed the
value of two hundred thousand dollars.

„ , Sec. 4. That the funds of said corporation shall be loaned and

Funu3 mny ^

be loaned and advanced to its members and stockholdei's, or others, upon the se-

adviinced. '

curity of real and personal estate, and used in the purchase of real
estate for the benefit of its niendieis and stockholders, on such terms,
and under such conditions, and subject to such regulations as may,
from time to time, be prescribed by the rules and by-laws of said
. corporation ; and it shall be lawful for the saiil corporation to hold
such lands, tenements, hereditaments and personal property as shall
be mortgaged or conveyed to them in good faith, by way of security,
upon its loans and advances ; and may sell, alien or otherwise dis-
pose of the same to its menibers, stockholders or others, as they,
from time to time, may deem expedient.
Division of Sec. 5. That, whenever the funds of said corporation shall have
to'be'm^ide.'^" accumulated to such nn amount that, upon a fair and just division
thereof, each stockludder and member shall have received, or be en-
titled to receive, the sum of two hundred dollars, or i)roperty of that
value, for each and every share of stock by him or her so held, and
such distribution and division of the funds shall have been so made,
then this corporation shall cease and dclermine.

Sec. f). This Act shall be deemed a public Act, and the same
may be given in evidence without specially i)leading the same.

xVpproved February 1'), l)^!'!.

Clerks of

OF SOUTJl CAIiOLINA. 41

AN ACT TO AuTiioKiZK Ci.kkks ok tiik Courts of Common
Plkas to Takk Tk8tim(»ny in Ckiitaix Caheh.

Section 1. He it enacted liy the Scii.itc ami IIousn of Repre-
sentatives of the State oi" Soutli Carolina, now met and sitting in
General Assembly, and by llie authority of the same, Tiiat the
Clerks of the Courts of Common Pleas in this State, in all civil 1'",'"'^ . '""7

' tUK<- UtipOSl-

causes or proceedings hereafter to be instituted, or now pending, or t'o'>s»-

at issue, in the Courts of Common Pleas, f(;r their respective C(»un-

ties, shall, upon the application of either party to such cause or

proceeding, after ten days' notice to the adverse party, take, in

writing, the d(!positions of said party, or of any witness or witnesses

in said cause or proceeding, whose examination shall be required by

the party making such application ; upon taking which depositions,

the several parties shall be entitled to the same rights of examina- Uigiits of

, ... , , , cxmiiiiiation.

tion, cross-exammatiou, and examination m rpply, and the same

exceptions to the admissibility of evidence, as are allowed by law

upon examination before the Court. And the depositions so taken

shall be certified by the Clerk before whom such examination was to be ceiiittea

iiad, and shall be read in evidence at the trial of the said cause or

proceeding ; subject, nevertheless, to the right of either party to

require the personal attendance and r/va roce examination of the Personal at-

. * ^ 1 ^ • 1 <• • 1 T ,1 temlance.

Witness or witnesses at the trial oi said cause or proceeding ; the

exercise of which right, however, not to cause a continuance or

delay in the trial of the said cause or proceeding.

Sec. 2. That every Clerk of the Court of Common Pleas shall power to
have power to compel the attendance before him of the witness or fiance o'f'w^u-
witnesses to be examined, as aforesaid, upon the application of a "'^^''*'^*
])arty to any civil cause or proceeding hereafter to be instituted,
])eniling (U- at issue in the said Court; for whi<'h jjurpose, he mav
issue a sui)p(ena to any such witness, which shall be served person- Mhv issue
ally; and if any witness, upon whom such subpcena has been duly ^"'i'*^"*-
served, shall fail to attend conformably thereto, the Clerk by whom Fiiiiure to
tlie same was issued shall have power to issue a rule, retpurmg such ivity tor.
witness to show cause why he should not be attached for contemi)t;
and, upon the failure or neglect of such witness to show cause, the Attaciiment
said Cleik shall have power to issue an attachment against such "' ^""*^'™P'-
witness for contempt, which attachment shall not be dissolved, ex-
cept by the order of a Judge, or of the said Clerk.

Six;. 3. That every Clerk of the Court of Common Pleas, for peinfcierk
taking the depositions hereinbefore mentioned, shall be entitled to ^JxaMiliiatioi^
demand and receive the sum of one dollar for each witness exam- "' wimessus.
ined, to be paid by the party against whom judgment shall be ren-
dered in said cause or proceeding.

Ai)[)nive(l Februai-y l.">, 1^72.

42 STATUTES AT LARGE

A. D. :m. \x ACT TO PuoviDK Tin: Mannkii roii Outainmntj tiik TIicht
" OF Way, wiikkk Lands akk .Sikkoundkd ijy Othkk Lands.

No. ;]().

Section 1. Be it enacted by the Senate and House of Represen-

Constnu-tion tatives of the State of South Carolina, now met and sittin;,' in Gen-

fhroutMl'uMWs ^^^^ Assembly, and by the authority of the same, That whore any

^bvotii'- •' Person or persons owning lands, surround'^d by lands of other per-

luiuis. gon or persons, through which there is no right of way, or highway,

are authorized, as hereinafter provided, to construct a h'g':way or

road through such lands to the nearest highway then existing.

Sec. 2. If the owner or owners of such surrounding lands shall

Tn cflflG of r<*~

fu-aui, notice signify his or their refusal to the opening of a highway through

lO be given. , , i . , . • i

such lands, without previous compensation, the pei>on or persons re-
quiring such right of way shall give t-ii days' notice, in writing, to
the person or persons, through whose lands such right of way is re-
quired, of his intention to estaolish such right of way, naming in
such notice a person who will act as referee for him in the location
Appointment thereof, and such owner or owners shall, within ten days thereafter,

of referees. • ,■ /■ i ■ "

appoint a referee lor the same purpose.

Sec. 3. That the referee so appointed shall, within ten days thcre-

l?oardf'fRe- „ , , . , i • ^ ^i • i" i-

fcrees — their after, meet at some convenient place and api)oint a third referee,

du«e" **" and the three referees so appointed shall constitute a board of ref-

No appe ii erees for the location of such highway, and to determine the com-

!'""J"i n.^'"^"^ pensation and damages for the same, from whose decision, in no case,

shall there be an appeal.

Said Board ^^^- ^- That within ten days after the appointment of a third

specT*^"Ve'tn- referee, in compliance with the third Section of this Act, the said

^^deteriijine^" referees shall meet and proceed, faithfully and impartially, to d'-ter-

the value and niine the question of location, compensation and damapes, st:Lniiittd

quaiilit of J '1 . .

land required, to them, for which purpose they shall inspect the premises in refer-
ence to the construction of the proposed highway, and the quantity
of land which shall be required therefor, with respect alone to the
quantity, and value, and location of the land which may be re-
quired, and to the special damage the^owuer may sustain bv n-ason
Ver lict of ' . ' .<.,,. 7 , , 'i ■ 1 1 ■ 1 I

damage and of the construction or the highway through lus land, and the

compensition ,. . i . i i n i i , .1 .1 c

amount of compensation which shall be made to the owner tliereot,
and shall render their verdict, in writing, for the same,
fpon pay- Sec. 5. That, upoii the payment of the compensation thus a-^cer-

ment o com- ^ ' • ■ 1 i 1 1 1 1 i- 1 i 1

pens-ation, tained, the right of wtiy over said lands shall be establislied, and

right of wav , ". . 1 i- i • 1

established, shall be opened as, and forever remain, a public iiighway.

R' feree Sec. G. That if the owner or owners of su<;h lands, over which
of per?<oii re- i . ■ /. • • 1 1 n • i- • i »i

quirinir right sucli right 01 Way 18 requircfl, shall not, in compliance witli the sec-

havetheeame ond Section of this Act, appoint a referee within the time ri(|uired,

?e*iTed*'^H\"on the referee appointed by the person requiring such riglit of way
tiii Board.

OF SOUTH CAROLINA. 4.'?

sluill proceed the sjinic Ji3 if all tlin^c refl-reci* liadhecn jippnintrd, ^^ ^'- "'"■^•
and his action therein, in eoinpliance with Section 4 of this Act, Action of
shall have the same force and effect as if the full board of referees s^^-^l'^ referee
had acted.

Sec. 7. All Acts and parts of Acts inconsistent with this Act
are hereby repealed.

Approved February 15, 1872.

AN ACT TO Authorize tiii-: Erectfox of a Certain Bridge Nu. 37.
Over Wateree River.

Whereas a majority of the people of Kershaw Ciiinty have vo-
ted in favor of the erection of a free bridf^e over ^yateree River, on
the Columbia Road, near Camden, to be built and kept up at the
expense of said Cminty :

Section 1. Be it enacled by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assemblv, and bv the authority of the same, That the County Bridge over
/> T-^ 1 ," 1 .' 1 1 1 • 1 1 •! 1 1-1 '1"^ Wateree

01 Kershaw be, and is hereby, authorized to build a bridge over River.

Wateree River, on the Columbia Road, at the Camden Ferry, to be
kept up and raaintaiued at the expense of said County, for the pub-
lic use, free of toll.

Sec. ^2. That the County Commissioners of said County, and spe iai rom-
Maiines Baura, T. H. Clarke and W. M. Shannon, be, and are '"peri'iurmi"'
hereby, constituted a Special Commission to contract lor and super- ^'^"stiuction,
intend the construction of said bridge, and to raise and disburse the
funds required for the same.

Sec. 8. That, whenever deemed necessary, a majority of said uane of
Special Commission shall issue the bonds of said County, to an |i_^;^^'~* »uti»o»-
amount not exceeding twenty thousand dollars, payable ten years
alter dale, and bearing interest at the rate of eight per cent, per
anniini, payable annually, on the first day of July in each and
eviMV year ; and shall dispose of said bonds, at such times and
places, and in such manner, as a majority of said S])ecial Commis-
sion may direct, to raise funds for the construction of said bridge.

Sec. 4. That the saiil County Commissioners he, and are herebv, _ , .

• ' • ' Tnx of two

authorized to levy an annual tax on the a?sesse<l value of the taxa- "'•"'* '".^a-

•^ _ _ t-i I'c iinil D.'-

ble property held and owned in said County, not exceeding two Kii"» Town-

. , , , .,.,*♦' I* P"; other

mills \\\wu every dollar of the value of such property witliin the Townships

. . / , . . one luiU.

townships of Wateree and DeKalb, of said County, and not ex-

cenling one mill upon evi'ry dollar of the value of such property

44 STATUTES AT LARGE

A. I), i-'i. within tlie othor towiLsliips of sai<l County, wliidi tux shall be col-

^ " kclc'd !is j)n)vi(leil by law i'or the colhction of other County taxe^,

.ind be paid out by the County Treasurer, upon the order of the

majority of .such Special Conunis-sion.

Sec. 5. That the proceeds of .siid tax shall be applied, fir.Tt, to
ProcefMls of \ , .

siU\ lux— iiow the payment of the interest on said bonds, and the surplus, if any,

to be disposed , ,, ,' , . , , , ,. . i- • j r. • i . ,

of. shall be securely invested, under the direction oi said Special Com-

mission, and create a siukinj,' fund, to be applied to the payment
and extinguishment of said bonds at their maturity, or to pay up
and cancel the same before maturity, as said Commission may deem
expedient; and, when the same are fully paid and extinguished, the
said tax shall cease to be levied, and the said Special Commission
shall cease to exist,
g j., f.^,j^_ Sec. 6. That the said Special Commission shall appoint a Trea-
™'j'jj^^'""|^'*P" surer, who shall give bond, l)efore entering upon the discharge of
surer. tjjg duties of his office, in such amount as may be deemed sufticient

for the purpose, conditioned for the faithful discharge of his duties,
who shall receive and disburse the proceeds of the bonds hereinbe-
fore authorized to be issued, and all other n)oneys coming to his
hands by the direction of said Special Commission, and be subject
to such rules and regulations as the said Special Commission may
prescribe.

Sec. 7. That the said Special Commission shall, annually, file a
To flip a-- „ , . . 1 1- 1 1

count with correct account oi their receipts and disbursements, and a report ot

their proceedings, in the office of the Clerk of the Circuit Court, on

or before the first day of the Jauuary Term of said Court, to be

open for the inspection of the citizens of said County, and to be

laid before the Grand Jury, at said Term, for their examination ;

and, failing to do so, the members of said Commission shall be

Penalty for liable to indictment as for a misdemeanor ; and, upon conviction,

fuiiure. shall each lie punished, by fine or imprisonment, at the discretion

of the Court, not exceeding one hundred dollars' fine or six months'
imprisonment.
Vacancies— Sec. 8. That, in case of a vacancy at anytime in said Special

how fliK-d. Commission, occasioned by the death, resignation, removal, or re-
fusal to serve, of the said Mannes Baum, T. 11. Clarke and W. M.
Shannon, or their succe.ssors, or any one or more of them, such va-
cancy shall be supplied by the remaining members of such Special
Commission, by appointment from among the twenty persons in said
County who shall have paid, in his own right, the highest tax to the
State for the year next preceding such appointment.

Sec. 9. That, for the purpose of enabling the said Special Com-

Countv of . . . «. 1 • ■ r^ t • k L • 1 /-<

Ker haw " in- mis-^ion to Carry into enei't the provisions oi this Act, the said Lounty
rightsofstaie of Kershaw is invested with all the rights of the State in the piers

OF SOl'TII CAHOLIXA. 45

of the i)riilge of tlio Canidfri Jiri(l;_'o ( "miipjiDy, mul the IaiKlii);rpan<l a.d. i 7-.'.
roiul-l»e(l wliii'h formerly led to and from the same; uiid llic said '^

Siji'cial Commission nuvv make such compensation to the stock- stocHioid-
holders of the said company as muv be deemed oonitahh' and inst JJ''''«« • om-

• 1 . • ^ t \ • • 1 " 1 • puiiV—fJoni-

by tiie said Sj)ec'ial Lomnnssion, under tl)e circumstancea of the ease: in-nsutiuu of.
Provided, Tiiat the entire cost of said bridge and its appurtenances
shall not, together with the compensation to the Camden Bridge
Company, exceed the sum of twenty thousand dollars.

Sec. 10. That the Camden Bridge Company be, and thcv are
hereby, authorized to keep up the Camden Ferry up to aid until Brid-ie '^ Con"
the opening of the bridge hereinbefore provided for, at the same np"^ cunHieu
rates of toll as were charged on the first day of December last, and ^r|"ning""of'
the said company shall then cease to be a body politic and corpo- ^'"^' '^'■'^'f''®-
rate; but the stockholders thereof sliall then be at liberty to sell
their property and assets, and divide tlie proceeds of the same among
them raieably, according to the number of the shares of said stock
held by them, respectively, having first paid the debts of the said
corporation : Provided, That nothing contained in this Section shall
conflict with or abridge any of the powers, rights and privileges
hereinbefore conferred u])oii the said County of Kershaw, or the
said Special Con)mission.

Skc. 11. That this Act shall be a public Act, and be so taken and
deemed in all the Courts of this State.

Approved February 15, 1872.

AN ACT TO PuovrnE for tiik Rkdicmption of Certain Lands, No. 88.
Sold under Order of General Ed. R. S. Caney for
Taxes.

Section 1. Be it etincfed ])y (he Senalo and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same. That the former
owners of all lands sold for taxes, and bought in for the State by the f. rmerown-
Sheriffs of the several Countic-', under thi> provisions of an order of rofi*ein"tiiei'i-
General Ed. K. S. Canby, dated Charleston, S, C, December 3. laxer''''' ^"'
1867, to provide for the support of the Provisional Government cf
South Carolina, for the year commencing the 1st day of Octobtr,
1867, be, and they are hereby, allowtd the ]>rivilege of redeeming
said lands, at any time wiiliin twelve months after the passage of
this Act.

4(; STATUTES AT LARGE

A. i<. Xfii ^yrx:. 2. That the j»ersoii or persons desiring to redeem land, .sold

^^ ^' under said order, shall apply to the Sheriff for a certiHcate, under

Tonnaupon '"'^ hand and seal, (stating the amount of tax, costs and penalties, for
himia'inay 'b? « hieh the; laud was sold. That then the said person shall present
rrii.emni. the same to the County Treasurer, and pay to said Treasurer the
amount of the tax, with interest thereon, at the rate of seven per
cent, per annum on all costs and penalties; whereupon the Trea-
surer shall make and deliver to such person or persons a deed of
Conveyance f«)r said land, removing all the titles therein.
County Trea- Sec. 3. That the Couuty Treasurer shall account for the taxes,
^ccmint ^''for penalty and interest paid in, under this Act, in the same manner as
ty^&c ''^"'*'" he does for other taxes, and shall distribute the costs to the officer
to whom the same shall belong,
costof.ieert Sec. 4. That the person or persons redeeming the land shall pay

of L-OnV> yaiue , --, m ^ r- l 1 11 /.111/.

iiiui ceititt- to the Couuty Ireasurer the sum oi three dollars lor the deed oi
conveyance, and to the Sheriff fifty (50) cents for the certifi-
cate.

Sec. 5. That all Acts or parts of Acts inconsistent with this Act
be, and the same are hereby, repealed.
Convf-yaiicea Sec. 6. That all deeds of conveyance heretofore executed and de-
execute* i rati- livered by the Sherifis of the different Counties, or any of them,
flruit.d.'^ ^^'^" under the Act providing for the redemption of lands, sold under the
orders of General Canby, approved the 9th day of March, A. D.
1871, in which the application was made therefor, within the
time limited by that Act, be, and the same are hereby, ratified and
confirmed.

Sec. 7. That the SheriflTs who mav have received taxes, interests
Slijerl'Vsto •

turn over and penalties in the redemption of lauds, as in that Act provided.

County Trea- are hereby required to turn tlie same over to their respective Countv

surtrs. . 1- 1 /. 1 1 1 1 *T

Treasurers, to be disposed of by them as other taxes, and t(j parcel
out the costs received by them to the officers to whom they severally
belong.

Approved February 15, lx~'2.

j^Q 09 AX ACT TO Renew the Charter of the Pendleton Male

Academy.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the autliority of the same, That the charter of the Pendle-

OF SOUTH CAROLINA.

ton Mule Aca»len)y be, and the same is liercl)y, cxtciKled, and sliall ^^- i'- '"'-•
c<jntiiiue in force until repealed. ^*

Approved February 15, 1872.

Corporators.

Corporjite
name.

AN ACT TO iNcoiirdUATE the Saxtox Riflemen, of CiiAiiLEis- l\oAO.
TON, South Gauolina.

Section 1. Be it enacted by tlie Senate and House of Repre-
sentatives of the State of South Caro ina, now met and sitting in
General Assembly, and by the authority of the same, That G. D.
Mitchell, J. W. Green, M. Smith, D. Smith, G. Alston, A. P.
Johnson, Henry Fraser, J. R. Carter, — Ferguson, M. C, Brown,
A. AVilliaras, Adam Singleton, J. W. Jenkins, John Smalls and
Charles B. Brown, and their associates and successors, are hereby
made and created a body politic and corporate, under the name and
style of the " Saxton Riflemen, of Charleston, South Carolina."

Sec. 2. And the said corporation shall have power to make by-
laws, not repugnant to the laws of the land ; and shall have sue- powf'rr^'''Hna
cession of officers and members according to their elections; and P^'^'^^^^®"
to keep and use a common seal, the same to alter at will ; to sue
and be sued, in any Court in this State; to have and enjoy every
right, power and privilege incident to such corporation ; and it is
hereby empowered to acquire, retain and enjoy all such property,
real and ]iersonal, as may be given or bequeathed to, or purchased
by it, and to sell, convey or mortgage the same, or any part thereof,
at will.

Sec. 3. That said corporation may, from time to time, invest Mavncnui-p
their moneys, assets, or any property which it may acquire, in such amitiksposeof
real and personal property, bonds, stocks, or in sureties, in such
sums, and on such terras and conditions, as it may deem proper,
and to execute bonds, &c., under its corporate seal : Provided,
That the maximum value of all })roperty held and owned by said
corporation shall not exceed twenty-five thousand (25,000) dollars.

Sec. 4. This Act to continue in force during fifteen (15) years,
and may be given in evidence without being especially pleaded.

Aitproved February 1"., 1872.

4is STATUTES AT LARGE

AN ACT TO Ai/rF,K and Amknij an A(t kntitled "An Act to
CiiAKTiiK TiiK Town ok llAMUum;," Appkoved FtbuuAKy 28,
1871.

Section 1. Be it etiacied by tlie Senate and House of Represen-
tatives of the State of South Carolina, now nitt and sittin;i: in Gene-
ral A.<scnil)Iy, and liy the authority of the same, That the Act to
HniUsuVrrA-a which this is amendatory be altered and amended by striking out,
andixir.Kied. ^^^^ Section first, all after the word "Georgia," in the eighth line
of said Section, and inserting in the place thereof the words "one
mile, in a westerly direction, up and along the Savannah Kiver;
thence one mile and a half in a northerly direction, upon a line at
richt aniiles with the line of the Savannah River; thence one mile
and one-half of a mile in an easterly direction, upon a line parallel
with the line of the Savannah River ; thence one mile and a half
in a southerly direction to the Savannah River, and upon a line at
right angles with the line of the Savannah River; thence one-half a
mile in a westerly direction, up the Savannah River, to the saiil Sa-
vannah Bridge ; said town to be in the form of a square."

Sec. 2. That said Act be further amended by striking out, fmui
the seventh line of Section 10 of said Act, the word "fifteen," and
inserting in place thereof the words " thirty-five."

Approved February 15, 1872.

Ko. 42. AN ACT to Incorporate the Walltngford Church and

Academy, of Charleston.

Whereas A. C. McClelland, JoHuia D. Oeddings, Nathan Ritter,

Corporators. J- J- Kn.x, Lawrence S. ^Mills, William MWe?, Snmuel ^Tarion and

William William-Km, Trustees of t!:- Church formerly known as

"Siloam,"now as Wallingford Presbyterian Church and Academy,

by petition therefrom, have prayed to be incorporated :

Section 1. Be it enaded hy the Senate anfl House of Reprp.=en-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assemblv, and by the authority of the same, Thf t, from and
Corporate immediatclv after the passing of this Act, all those persons who now
are, or who hereafter shall or may become, members of the said so-
ciety, shall be, and they are hereby, incorporated, and are hereby
declared to be a body corporate, in deed and in law, by the name
and style of the Wallingford Presbyterian Church and Academy, of
Charleston, South Carolina, for the advancement of Chri.-tianity ;

or SOUTH CAROLINA. 49

ami by the fjiid name shall Iiave fxM-pof mil siu'cossiuii of ofiiccrs a. n. i>-7i
and nioinbers, and a (■(•ininon si-al, with power to (.-hatij^e, alter anrl
make new the same as often as the said eorporation shall jnd;^e ex-
pedient.

Skc. 2. That the said corporation shall he capable in law to j)iir- I'owerK and

1 1 1 > 1 • • 1 • • 1/. . prlvili-gi 8.

chase, have, iiold, receive, enjoy, po.ssess and retain to itself, in per-
jH'tnity, or for any term of years, any lands, tenements, or heredita-
ments, or other property of what nature soever, not exceeding the
sum of two hundred thousand dollars, or to sell or alien the .same,
as the said corporation shall think fit, and by its said name to sue
and be sued, plead and be impleaded, answer and be answered unto,
iu any Court of law or e(|uity in this State; and to make such rules
and by-laws, not repugnant to the laws of the laud, as, for the order,
rule, good government and management thereof, may be thought
uece.*sary and expe<lient : Provided, That nothing contained herein Proviso.
shall be construed to interfere with the j>rerogatives, control an<l
direction of the General x\sSenibly of the Presbyterian Church, in
the United States of America, over the institution aforesaid.

Sk(". 3. That this Act shall be deemed a public Act, and shall
continue in force until repealed, and, as such, shall be judicially no-
ticed in all the Courts of this State.

Approved February 15, 1872.

AN ACT TO Repeal AX Act extitled " Ax Act to Provide No, 43.

EOR THE ApPOIXTMEXT OF A LaXD COMMISSIONER, AND TO
J)KFlNi, 1116 POWEIW AND DuTIES."

rM::cTi()N 1, Be it enacted by the Senate and House of Repre- ofti'^e of i.an.i
sontatives of the State (jf Souih Carolina, now met and sitting in &'\jonl\\eT.^'^ ^
General Assembly, and by the authority of the same, That an Act
entitled "Ad Act to provide for the appointment of a Land Com-
missioner," approved ^larcli twenty-seventh, l-'^fJI), be, and the same
is hereby, repealed.

Sec. 2. That all books and papers pertaining to the offiee of the ro,<k.^ *o. of
Land Commissioner be turned over to the Secretary of State on and {Vm'iea ^ ovi"'
after the passage of this Act. And the Secretary of State shall ex- of state* '"'"'"^
ecute the duties heretofore devolving upon the Land Commis-
sioner.

Approved February 15, 1872.

Cost limited.

Cotnmif.sion-

STATUTES AT LARGE

AX ACT TO Ki:tiUiUE tiik County Commis-sionkks of Bakn-
wicLL County to Constuuct a Jail at Black villi:, the
County Seat.

Section 1. Be it enacted by the Senate and IIou.se of Represen-
tatives of the Stale of South Can^liua, now met and sitting in Geiie-
ConstuKtion ral A.^sendjly, and l)y the authority of the sanu-, That the County
Biackviik'. Commissioners of Barnwell County be, and tlu-y are hereby, re-
quired and direeted, immediately after the pas.sa;re of this Act, to
cause to be coii.-^trueted a jail f<jr the u.se of .said County, at the
town of Blackville, the County seat ; the said jail, when completed,
■with the highest practicable security for the cu.stody of prisoners,
not to exceed in cost the sum of eight thousand dollars.

Sec. 2. The said Commissioners are authorized to advertise for
plans and specifications and proposals to build said jail, in the
tiTe for mono- newspapers published iu Barnwell, and in one daily newspaper
sals. published in Charleston and Columltia, for the space of three

weeks, and, from the plans, specifications and projjosals submitted,
to select such one as they may think best adapted to the necessities
of a jail ; and they are further authorized to contract with the
party submitting the plans, specifications and proposals arceptcd
by them, for the construction of the same.

Sec. 3. On the completion of said jail, according to contract,
On ooinpie- and after it shall have been approved and received by the said

tion of jail, ' '■ •'

Couniy TiL-a- Commissioners, thev shall be authorized to draw upon the Countv

surer to PUJ' . ^^ • n n t .1

draft. Treasurer of Barnwell, iu favor of the contractor, for the amount

agreed to be paid therefor, which draft shall be paid by the Trea-
surer on presentation ; but the said Commissioners are authorized,
in their di.scretion, to stipulate for the payment to the contrac-

^ .. ^ ^ tor, in installments, as the work progresses: Provided, That no

Estimatesto ' ' i ^ . , . .

Le furuished. guch payment shall be made, except upon an estimate, furnished in

writing, by the contractor, and carefully examined by the Commis-
sioners, showing the amount of work actually done, and of material
actually furnished at the date when payment is asked : And pro-
Twenty cents '■'^^'^' /'"'^''^'''' That there shall be reserved of such estimates
be^^rt'sei'v.-<i t\venty cents per centum, which shall not be paid to the contractor

until oompie- yjitd the jail shall be completed accordint; to contract, aiiproved
Hon of jail. •• ' • . . .

and received by the Coini7iissioners. And the said Commissioners

are authorized to draw upon the County Treasurer for all amounts
thus agreed to be paid, which draft the Treasurer shall i)ay, u]-on
the filing witli him the estimates upon which such drafts are drawn,
endorsed with a certificate of approval, signed by the said Commis-
sioners, or by a majority of tht m.

Sec. 4. Th s County Treasurer shall set apart the sum of eight

OF SOUTH CAROLINA. 51

thousand dolhirs from thfi County fund.-*, and hold such gum subject ^- ^- ^**"'--
to tlic drafts of the County Comniissioncrs, for i)iiyment of mate- ^^f^^^,^f^^~^,.^,
rials and construction of said jail : And provided, further. That s'""' r 't<> **;-t

'' _ •' '' HI)li.rl i>x,fHXj,

that part of the County of Barnwell which, with portions of the H'lbjcc-t to Uie
Counties of Edjrelield, Lexington and Oran;reburt', now forniin'' the ty comuiis-
County of Aikeu, shall not be liable, m any way, for any debts con-
tracted in building a jail at Blackvillc, in accordance witli the pro-
visions of this Act,

Approved February 15, 1872.

AX ACT TO IXCORPORATE THE ChERAW FiRE EmgINE COMPANY No. 45.

AS A Part of the Fire Department of the Town of
Che RAW.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and. sitting in Gen-
eral Assembly, and by the authority of the same, That Theodore F. Corporatofa.
Malloy, Thos. W. Buuchier, James A. McCreight and W. L. Reid,
and their successors in office, be, and they are hereby, constituted a
body corporate and politic, under the name and style of the "Che-
rasv Fire Engine Company," with a capital stock not exceeding the

sum of five thousand dollars, with the right to sue and he sued,

,,.,,,. ^, o . . ,. . Corporate pri-

to plead and be impleaded, in any Court oi competent jurisdiction ; viieges.

to have and to use a common seal, and the same to alter at will and

pleasure ; and with all other rights, privileges aad immunities, that

arc now secured by law to like incorporate bodies.

Skc. 2. This Act shall be deemed a })ublic Act, aud shall remain

in force for the term of fourteen years.

Approved February 15, 1872.

AN ACT TO Incorporate the Carolina Oil Company. jj-j^ ^q

Sectfon 1. Be it enacted by the Senate and House of Representa-
tives of the Slate of South Carolina, now met and sitting in General
Assembly, and by the authority of the tame. That Wm. MeGuinnis, Coipomtors.
Edward Hope, Robert C. Shiver, S. L. Leaphetirt, John Agnew, ami
their associates and successors, are hereby ma<le and created a body
politic and corporate in law, under the name and style of the Caro-
lina Oil Comjiauy, for the purpose of extracting and manufacturing

02 • STATUTES AT LARGE

A. D. 18?2. QJ) from cotton seed or other seeds, or grain, and for the j)Ur])oee of

Objects of c^'"''y'"S *^" si^'ch (ithcr business a.< may be connected therewitii, with

corpo!jiiion. >;uch capital as may be .<ul)scribefl, not exceeding fifty thousand dol-

CapUul. lars, said cajiilal to be divided into shares of one hundred dollars

each.

Skc. 2. The said company shiill have power, from lime to time, by

May increase a stock vote of not le.--s than two-tiiirds of the amouiit of capital paid
its capilal. . . .••11 !•

in, to increase their capital stock to any amount uot exceeding one

hundred thousand dollars, including their present capital st<tck.

Mjiy open Books may be re-opened for the purpose of obtaining additional sub-
scribers to such increased stock, in such manner as the company may

Affl.iavit of deem expedient ; and whenever any increase of capital shall be made

increase to be ' • '

filed in secre- beyoud fiftv thousand dollars, as aforesaid, the President of the com-

tarv of State's , " , ,

onice anti pany shall make affidavit of the fact, and file the same in the office of

published in ^ '^, i i i i- • i r

newspapers, the Secretary of State, and make puhlic notice thereov once a week
for three weeks consecutively i!i a newsT)aper in the city of Columbia,
which shall be legal notice to all persons dealing with said corpora-
tion.

Sec. 3. That if any certificate or public notice given by the offi-

p^viTegesf"*^ ^^^ ^^ ^^^^ company, in pursuance of the provisions of this Act, is

false in any material representation, all the officers who signed the

same, knowing it to be false, shall be jointly and severally liable for

all debts of the company contracted while they were stockholders

or officers thereof.

Sec. 4. The said company shall have succession of officers and

Penalty for rnembers, to be chosen according to the rule* and by-lav.s made, and
mr km-; false .

ctriificate. to be made, for their government and direction, and shall have powc
anrl authority to make by-laws-, not repugnant to the laws of the
land ; to make, have and use a common seal, and the same to alter
at v.ill ; to sue and be sued, plead and be impleaded, in any Court
of this Stiite; to purchase and hold any lands, tenements or heredit-
aments, goods or chattels, which may be necessary, connected with,
or conducive to, tlie purposes fur which said con) pany is established,
and to sell or mortgage the same.

Sec. 5. The .said cor[)oration shall not go into operation until

J^l'-'.?^ ^J,'r twenty thousand dollars of the capital stt)ck shall bo paid in gold or
poration may J ' i o

commence gUver, or United Stat<.'S Treasury notc^s or notes of National Bank.s.
operations. ' •' '

The personal liability of the stockholders for the debts or liabilities
stVckboidera.' of said corporation shall be limited to the amount of stock subscribed
by them.

Sec. 6. This Act shall be deemed n pnlHic Act. ami sl):d1 con-
tinue in force for twenty-one years.

Approved February 1.5, 1872.

OF SOUTH CAROLINA. 53

AN ACT TO ArTIIOUIZK TJIK Cor.NTY CoMMIWIONKIW ok a T>. 1!»72.

CrtAiJLKsTON County to Plack a Fi.at at Bonneau

Fi:i:uY.

No. 47.

])(' it oiacttd l)y llic Senate and House of Representatives of the
State of South Carolina, now met an<l sittinjr in General Assenilily,
and by the authority oi'the same, That the County Corami.«.sionerri p)uce*iiit'i'<!n^
of Charleston County be, and they are hereby, authorized to place n^a^'s^erry-
a Hat at Bonncau Ferry, on the eastern branch of Cooper River,
to eninloy and pav a ferryman, and to chart^c the regular rates of ,, , ..
ferriage, out of which the wages of the ferryman are to be paid, and ry >""•"•
the balance to be turned ovcir to the County Treasurer, for the u.^e
of the County.

Office Secretary' of State,
Columbia, February 20, 1872.
This Act, having been presented to the Governor for his ap-
proval, and not having. been returned by him to that branch of the
General Assembly in which it originated within the time prescribed
by the Constitution, has become a law without his approval.
(Signed) * F. L. CARDOZO,

Secretary of State.

AN ACT to Rp:(U'late Pilotage at the Ports of Charlestox, Xq. 48.
Beaufort and Georgetown.

SectFon 1. Beit enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That the Gover- Appoint-
nor is hereby authorized to ajipoint separate and distinct Boards of ^onVmVssVou^*
Pilot Comnn.-isioncrs for the ports of Charleston, Beaufort and ^'^■
Gi-orgetown, each Board to consist of three persons, of whom two
shall be, or shall have been, sea-faring men, and the third a full
branch pilot. The Coinmis.^ioners of Pilotage for the port of Beau-
fort .shall have jurisdicliou over St. Helena, Port R< yal, and all in-
trances southward.

Skc. 2. The said Commissioners shall have power t(j organize, Roar.iorEx-
,,,,.,,..,,,. 1 . ninuuition—

irom time to time, a l>oard ot Kxanunation, ov adding to tlieir thoir p wers

nuiiiiier two nuu'iieal iikii, it dec im d iH'Cf.-?<aiy l)y tliem, to be

chosen by themselves; and it !?liall be the duty of the said rc.-<pec-

54 STATUTES AT LARGE

A.T>.iS72. tivo Examining Boards to examine cacli and all apjilicants as to

^^ ills or tlit'ir conipctency to work or n)anM;^n' ve.-.'^elp, and, jrt'nerally,

to discharge the duties of a pilot or pilots ; and no license or branch

i^hall be granted to any person, unless he receive the certificate ot'

competency, signed by a majority of such Examining Board.

Si:o. 3. That each and every applicant for a branch, or license,
Fxainination i^ef^re he shall receive a certificate from a majority of the Examin-
ing Board, shall pay to said Board the sum of five dollars, to defray
the expenses of such examination, and of issuing said certifi-
cate.

Sec. 4. Apprentices shall be taken by full branch pilots only,

term^of^'ser- ^^'•'^' ^''^ a])proval of the respective Boards of Commi«sif)ners of Pi-

"^'®®- lotage, and shall serve two years before rec(-iving a nine-foot branch

Ma9ter^^ to qj. license; the last year of service, it shall be the duty of their mas-

lake ai>pren- ' j ' j

iices aboard ters to take the said ai>prentices on board of all vessels, so that they

may become completely competent to discharge their duties. Ai"ter

holding their branches, or licenses of nine feet, for one year, if com-

wiicn they petent, to the satisfaction of their masters, they shall receive a

inivy receive a , ,. , , ,. , • i , i ii ■ • /■

full branch li- twelve-ioot branch, or license, which they must hold in service lor

two years, at the end of which time they may receive a full branch,

, or license. In all cases, however, the applicant for apprentici>hip

to b -eighteen shall be eighteen years of age previous to receiving his nine-foot
years of age. . .

branch, or license: Provided, That any person or persons who have

twecfn^ither ^^^^ trading between either of the ports above mentioned and other
years entitled P^'"fs> ^"^^ ^ period of five years, shall, upon a satisfactory examina-
to full branch, ^jq,^ before either of the respective Boards of Commissioners, be en-
titled to receive from said Board u full branch or license.

Sec. 5. The said respective Boards of Pilot Commissioners shall
License to give to the applicants approved by them either a limited license or
Pilot'^*' (.'om- branch, or a full license or branch, according as the application and
miss oneis. fjjgcovered fitness of the applicant shall be, signed by a majority of
the Examining Board, or by their Chairman, as the majority of said
Board may direct, requiring of each ajjplicant, before the delivery
to hira of such license or branch, to swear and subscribe to the fnl-
Ortth requir- lowing oath, to be administered by the President of the ]?oard, to wit :
p'l i c 'a nV before " I, A B, do solcmiilv swcar (or affirm ) that I will well and faithfully,
license."^ and according to the best of my skill and knowledge, execute and

discharge the business and duty of a licensed pilot, (or apprentice,
as the case may be,) for the bar and harbor of Charleston, (Beau-
fort or Georgetown, as the case may be ;) and that I will, at all
times, wind, weather and health permitting, use my best endeavors
to repair on board of all ships and vessels that I shall see, and con-
ceive to be bound for, or coming into, or going out of, the port or
harbor of Charleston, (Beaufort or Georgetown, as the case may be,)

OF SOUTH CAROLINA. 55

iiiiliss that I mil well a.-smcd liiat some otlu-r liccn.scMl pilot i-< tlioro a D. ift72.

oil hoard tlie .saiuL' ; and I do i'uttliei- swear (or affirm ) tlmt I will,

from time to tinic, uiid at all times, make tlie best dispateli in my

power to convey saiely over the har of Charleston, ( li-aiifort or

CJeorgetown, ns the case may be,) every vesisel commiiteil to my

care, in coming in or going out of the same; and that I will, from

time to time; and at all times, truly observe, follow and fullill, to

the best of my skill and ability and knowledge, all such orders and

directions as I shall or niiiy receive from the Commissioners of Pi- »

lotage, relative to all matters and things*that may appertain to the

duty of a pilot; and, further, that I will not, at the same time, be

owner, part owner, nor be interested, directly or indirectly, in more

than two boats employed in the business of the pilotage of the bar and

harbor of Charleston, (Beaufort or Georgetown, as the case may be;:

So help me God."

Skc. 6. That after any such person or applicant shall have taken Bond of ap-
tlie oath or affirmation aforesaid, an<l subscribed to the same, the said a)„,',uMi" ^o7,
J>()ard of Commissioners shall require such person to execute to approved.^""'
them, and their successors in office, a bond, with two sureties, to be
approved by them, in the sum of five hundred dollars, if his license
be of nine or twelve feet, or in the sura of one thousand dollars, if
it be a full license; which bond shall be conditioned for the faithful
discharge of his duties as such pilot; whereupon the said Board of Liccnso— bv
Commissioners shall deliver to such person a license, to be measured eiea'"ndsign-
by his respective draft of water; said license to be signed, either by '''^"
the President of the said Board, under direction of a majority
thereof, or by such majority themselves.

Sec. 7. That the respective Boards of Commissioners of Pilotage Pilots to de-
shall have power and authority, for any cause, or charge, to them seV'for sum'
satisfactorily proven, to order and direct any or all pilots, for their ^ *"'
respective bars and harbors, to deliver up his or their license or
li enses, and to take out anew license or licenses; but no pilot,
who shall satisfy them of the falsity of any such charge
brought against him, shall be recjuired to pay an ailditional
fee for his new license ; and it shall be the duty of the said
respective Boards of Cc'mmissioners to lay before the County Com-
missioners of their respective Counties, immediately after the exc- lot.-T'tV) be < x-
ciition thereof, all bonds given by ])ilots; and, if the said County bounty ( om-
Commissioners be not satisfied Willi the sci iirity on such bond, every '"'"^lonc's-
pilot, \vh >se siir.'ties shall \w deemed insuflicient, shall give a new
bond, with such sureties, and within such time, as shall be approved
or iKinanded by the sai<l (/ounty Commissioners ; in which case the
]>ilot shall receive a new license on suirenih-ring his former one ;
and every pilot not complying with these conditions, or any of them.

06 STATUTES AT LARGE

A. D. !S7-2. sliall f'ortlnviih forfeit his liceu.se, and $lmll be <lis(jiialiii>»l to act a-'
j>iIot at either of the respective bars or harbors aforesaid for the
Nuiiibcr of P»-'''i"'^l ''^ t^^'^lve (12) months. The number of pilots for either of
•letlniihiea" ''he bars or harbors above nariied shall be determined by the respec-
VimmiJ-'ion-^ ^^^'^ Boards of Com uiissioiicrs, aforesaid : Provided, That said Boards
*■"• of Commissioners shall make no distinctirius in the selection of pi-

lots on arcouut of race, color or previous condition.

Sec. 8. The majority of the respective Boards of Pilotage afore-
Powelb of said shall have power and authority, in their respective jurisdictious,
loi'llg*^ ^iiw-ase ^-0 take away the license ot*a pilot for a given time, or to declare his
of dutyl^^^'°° license null and void, as the nature of the case may demand, upon
charge of any dereliction of duty, made and proven against him :
but each and every pilot, against whom any charge shall be made,
shall be entitled to a hearing before his Board of Pilot Commis-
sioners, and to make any proper defense to such charge before said
Board of Commissioners ; and if any pilot has forfeited his license,
or is no longer entitled to the use of hi.> license, by virtue of this
or any other clause of this Act, the Commissioners of Pilotage shall
have the power to order the Harbor Master of their respective har-
bors to call on him for the surrender of his license; and, if he shall
refuse to give up the same to the Harbor ^Master, on demand, the
■ latter shall notify, for one week in the public daily papers, or for
three weeks in the public weekly pa})er3 of his respective harbor,
that such person has no longer a right to act as pilot, until he be re-
instated by the Board of Commissioners.

SiX". 9. No pilot shall discontinue to act for three months, nor

N) Pilot sitaii shall be absent himself at any time from his respective port or har-

sei^f " witiicmt ^O'" without permission from the Commissioners of Pilotage of his

nor'^'ili^e'out ^^^'"^ P*^''^ '^'' ^^^''*^'"' nor shall any pilot hire out his pilot- boat to

iii3 pilot boat, g^jjy person or persons whomsoever, unless he substitute another

boat, to be approved by the Commissioners aforesaid. But the said

C<munissioners shall never give such permission unle.-^s, in their

opinion, there shall be a sufficient number of boats actually en-

xo Pilot to gaged in the service of pilotage. Nor shall any pilot substitute or

wiioseUcense employ, as a pilot, an3' one from \vhom license has been taken away,

^tted.^" ^°'^' ^^ become forfeited, as aforesaid. And any pilot herein in anywise

offending shall, for each and every such offense, be deprived of his

license by the Clomniissioners, or a majority of them ; and, if so de-

Penaity for prived, he shall be proceeded against, as ])rovided in thelatter part

rh?8*iject\on° of the preceding Section of this Act; and shall, moreover, forfeit and

pay to the State a sum not exceeding one hundred dollars.

Sf.c. 10. That, in case of war, no pilot shall bring in or furnish
Duties of PI- supplies to any armed vessels belongintf to an enemy at war with

lots in case of ' ' . • e f^

w"r. the United States, or shall carry out any armed vessel to such

OF SOUTH CAKOLINA.

piiomv, witliout lii'iii;; ordered to do so by the coiiftitiited iiutliori-
ties of tlie United States. And every pilot herein in anywise of-
fending shall forthwith forfeit his license, and he dis(inulified for-
ever after from acting as a pilot; and il", at any time, the; President
of the United States, or the (iovernor of the State, shall prohibit
to furnish with siippii'S, or to Itrlnj:; in or cari'y (;ut any vessel or
vessels helon^nn^^ to any nation or Slate, or to a subject or subjects
of any nation or Slate, it shall be the duty of every j)il )t, for either
of the bars or harbors hereinbefore named, to comjily with every
such prohibition, on pain of incurring the same penalty aiid pun-
ishment as for like otlense in time of war.

Sec. 11. That every pilot, cruising or standing out to sea, shall „.^*''"^''7« °^

•' 1 ' " ° Pilots t') be

offer his services, first, to the vessel nearest the bar, except when he otr.-n-d lo the

' '_ _ n«-iir«'S' vi'ssel

sees a more dit*tant vessel in distress, under a penalty of fifty dollars except in case

' „ , . ofdiatress.

for each and every such neglect or refusal, either of approaching

the nearest vessel, and of boarding her, if required, or of aiding Penalty.

any vessel showing signals of distress in the case above mentioned.

And the Commissioners of Pilotage, or a majority of them, may,

at their discretion, deprive the said pilot of his license: rrovkled, ^

' ' * ' Proviso.

however, That nothing herein contained shall extend, or be con-
strued to extend, to vessels of the description mentioned in the pre-
ceding Section ; all of vliich vessels it shall be the duty of every
pilot to avoid as much as possible, whenever the}' are known to, or
justly suspected by, him as such.

Skc. 12. Whenever the Governor of the State shall issue a procla- rmtic ofpu
niation, subjecting vessels from certain ports or countries to quar- sell *an " siibl
amine, it shall be the duty of every pilot, contlucting any such ves. [autiue? *^"'^'
sel over the bar of the ports above named, to bring her to the quar-
antine ground, and to remain on board, or go to the Lazaretto^
without coming up to the port until the Port Physician shall per-
mit it; and, during the time for which any such pilot remains on j^J^'^'^.j^'J^^^ ^|^
board any such vessel, or stays at the Lazaretto, he shall be allowed i'"'i''«i "f ves-
four dollars for each and every day of his remaining on board or a»tine.
staying at the Lazaretto, as aforesaid, and be found in necessary
l)rovision8 and acconniiodations, at the exjjense of the master, owner
or consi":nee of such vessel. And every pilot, neglecting or refus-

» , • , Penalty for

mg to bring any such vessels to the quarantine grounds, or ne^'U-L-i or re-
coming to tiie port without previously ol)taiiiing the Port Physi-
cian's permission, or belbre the time limited by the said Port Piiy-
sician, shall, for each and every such offense, be deprived of his li-
cense, and shall not obtain another license before the expiration of
one year, and forfeit and \n\y the sum of fifty <loIlars to the State.

Sec. 13. The pilot ground shall extend, from each of the bars Kxt.nsionof

1 1 .1 • •! .1 1 11 .11 pil»>t ground,

above named, thirty miles eastward, southwartl ami westward, autl

o8 STATUTES AT LARCJE

A. D. J87-2. i^riy nmster or ooiDinaiitlcr of ii vessel beuriiig toward either of said

„ ,^ , coasts or bars, (all coasters and oiher vessels tradiiitj between any
Masters of . . . -, .

vosstis r.-fu'^. |)i)rts within this State excepted.) who shall refuse to receive on

iiiK t > roooive ...

a lifoii8o<i I'i- board a licensed pilot, who shall ofl'er to board, shall be, and is

lot 11111)10 '<> 1 1- 1 ■ • -1 . •

sill pilot Un- hereby, made liable, on his arrival at either of said ports, to pay
lowtii by this the pilot wlio first offered to go on board and take charge of such
vessel, the rates and fees allowed and established as hereinafter men-
tioned, as if such pilot had actually brought in tuch vessel to either
Proviso. port: Provided, however, That if a pilot having a nine or twelve-
foot license only, aS the case may be, is refused by the master of a
vessel of greater draft, such master shall not be liable to him for
her pilotage: And provided, also, That if a i)ilot refuse to produce
his license to the master of a vessel, when the latter demands it,
the fees of pilotage shall not be charged against the master reject-
ing the services of such pilot.

Sec. 14. That any pil<)t boarding a vessel on pilot ground shall
Rates and be entitled to receive from the master, owner or assignee, four dol-
lars for every day of his being on board previous to her coming into
port, in addition to the fees of jjiiotage hereinafter established.
That every pilot of an inward Ixiund vessel, who shall be directed
by the master to anchor in the roads, and afterwards bring her
into port, shall be entitled to receive four dollars from the master,
owner or assignee ; also, four dollars to bring a vessel anchored in
the stream, (at the request of the master, owner or consignee,") and
moor her at the wharf; four dollars to unmoor, (at the request of the
master, owner or consignee,) and anchor in the stream, or from the
stream to the roads, to be paid as aforesaid.

Sec. 15. That the ])ilot who brought in the vessel shall have the
Pilot brinK exclusive right of earrving her out, unless the master or commander

inji 111 a vi'Ssc^l ° '. .

entitled to of such vessel shall, within a fortnight after his arrival in port,

carry her out. . ,. . n i t-i-i r^ • • -i

prove to the satisfaction of the rilot Commissioners at said port, or
a majority of them, that the same pilot had misbehaved during the
time he had charge of such vessel, or unle.<s the said ])ilot shall
have been deprived of his license before the departure of such ves-
sel ; in either of which cases another ])ilot may be employed, who
shall be entitled to receive the outward pilotage ; and every ))ilot
having, or becoming entitled to carry out a vessel, shall either
attend in person or procure another pilot of his own degree to attend
for him on such outward bound vessel, after twelve hours' notice by
the master, by the hoisting of his jack at the fo ret op- masthead for
Master to that time during daylight ; but if such pilot should neither attend
r(y'Moistiii'''''a '" person, iior substitute another pilot of equal degree with himself,
signal. j.]^g ma.ster of such vessel shall be at liberty, after the expiration of

the above limited sj)ace of time, to employ another pilot of equal

OF SOUTH CAUOIJNA. o9

license, who .vliall he l)oiiii(l, if nut previdusly en«:ii;|,e(l, to carry A.D.IH72.
Mieh vei-sel out, and who shall he entitled to the outwurd i)ih)ta;'(;; ,, . .,
and any pilot who shall canv out a vessel, not beinc: entitled to do tor cnnti.Mi to

, , ' , ° employ uiiu-

so, shall he lialth- to the pilot who had the right, in the amount of tin;r Piioi.

}>ih)ta<re paid, or due, for carrying her out ; and any pilot who

lirought in a vessel shall have u rij^ht to demand his fees :)f j)ilotage,

and tlie lawful charfjes, us aforesaid, before her departure from port. Pf^ni't^y f'l

And whenever a pih)t, havint;: a right to carry out a vessel, is ap- "vohh.-i wiien

I ' /^ c' >' ' ^ not eiiliil. a

liri'hensive that his fees of pihjtagc may not be paid by her niEster, to.

owner or consignee, he shall have a right to demand his fees in wiien feoa

advance, or such security for the payment thereof as shall be rea- ]^!^^^fi,'>^ ^^^y^

soiiable and satisfactory; and, on failure thereof, may refuse to carry ii'ivance,

her out.

Skc. 1G. That no person shall be authorized or permitted to con- Pen.ity for

duct and pili>t any vessel over the bar of either of the harbors sci'^over"' the
,. i-ii 1 • ' 1. ^ • L V i.1 1 t) r without a

aiorosaul, eillier when coming into or going out 01 port, unless such ucense.

jierson shall have a license, as aforesaid ; and every person not

having received such license, or having forfeited the same, or being

deprived thereof, as aforesaid, who shall presume to bring into or

carry out of either of the aforesaid ports, any vessel which lias to

cross the bar, as well as every pilot having a limited license of

twelve or nine feet, who shall presume to conduct a vessel of more

than nine or twelve feet o^'er either of the bars aforesaid, either in

coming in or going out, shall be entitled to no fee, gratuity or re-

Avard for the same, but shall pay the regular pilotage to the pilot

who shall first otter : Provided, hou'ever. That the foregoing prohi-

' . . Proviso.

bition shall not extend to prevent any person from assisting any
vessel in distress, without a pilot on board, if such person shall de-
liver up such vessel to the first pilot who shall afterwards come on
board and offer to conduct such vessel ; and, also, that the captain
and crew of a vessel shall not be liable to such fine for conducting
her over the bar without the aid of a pilot, if, in either of the two
lust mentioned cases, a signal for a pilot is worn.

tSicc. 17. That every master of an outward hound vessel shall, at signal of

.1 • t 1 »• i' I • 1 ^ I I • 1 • !• e rt'ii liiu'ss for

the appointed time or his ileparttire, have his vessel m readiness lor salii..g.

sailing, and, as a signal thereof, hoist a jack at the foretop-mast-

hcad, and every master of a vessel who shall detain a pilot al the

time ap])ointeil, so that he cannot jiroceed to sea, though wind and lot-! In i^iae of

weather sluuild permit, shall pay to such pilot four dollars \wv day '•^tentlon.

clui-ing the time of his actual detention on such vessel.

Sicc. 1<S. That if any master or commander of a vessel shall carry „ „„ . „,

• ^ r 00s* oi I I-

oft" any of the pilots for either of the bars t)r harbors aforesaid, he '''■', «'''>>i'"<i

' ' off liy Mu>t(.-i'S

shall allow every such pilot four dollars for each and every day ofvossoia.
during his absence, and supply him with provisions and other lie-

60 STATUTES AT LARGE

A. D. ]^i. ccssarios, in the same manner as is usual for maintenance and ac-

^"^'"^"^^ coinniodation of masters of vessels, and the master, as well a.s the

owner, consignee and security of such vessel, shall be liable for tin

aforesaid sum: Provulcd, however, That no j>ilot, who is carried oli"

^ as aforesaid, shall be entitled to any of the sums aforesaid if such

Proviso. •'

vessel shall have laid to for the space of sixteen hours after having

crossed the bur, and no pilot boat shall have a|)peared at the tin)''

tu receive such j)i!ot on boiird : PnaUled, aho, That the mar'^T,

owner or consignee shall defray the expense of such pilot back to

either of said ports, as the case may be.

Skc. 19. Tiiut the owner or owners of every pilot boat, (<r pilot

or pilots who may hire .-^ucli buat, or may be employed thereon, shall

Each Piint eause such number to be put <m the most consi)icuou3 place ol' earh

b at to be , . ^ . 1 , T T

numbe..''! u^ boat s main and foresail as may be desijruated by the Harbor Mas-

the Il.-.ibor . ,,,.,.'.,

Master may tcr 01 the respective ports, and the figures designating the number
of the boats, as aforesaid, shall be at least five feet in length, and be
made to appear as conspicuous as possil)le, by being placed on each
side of the main and foresail of every boat used in the pilotage; an<l
Poniiity for every pilot omitting or neglecting to number the boat in which he
° ^'^ ' may be interested, shall, on conviction before the Commissioners of

Pilotage, be deprived of his license, and shall, in addition, be liable
to pay a fine of one hundred dollars.

Sec. 20. That if any of the said pilots shall enter or be connected

in CO partnership in the business of i)ilotage of either of the bars

No Pilot to and harbors aforesaid, as owner, part owner, or interested, directly

be int -rcstert , > > i > ^ J

in rnoie man or indirectly, with more than two boat*! employed in the said iiilot-

two boats. ■' . • r .7 x

age, the Commissioners of the Pilotage shall be, and they are ht-n-bv
authorized, to take »way the license of such pilot, and declare the
same null and void; and such pilot, in any manner oflendingagain.'«t
this Section, shall forfeit and i)ay a sum not exceeding five hundred
dollars.

Si'X". 21, That it shall be the duty of a pilot, if required by the
p lot lo le master or commander of a vessel, to remain on bourd while such

main aVifuirfl _ . _ '

av.ss.-i wii- n vessel is anchored in the roads, outward bound, at the rate of four

til • Mii-tc-rre . . .

quires ii. dollars per day ; and in case of refusal or neglect, the pilot shnli be

deprived of his license by the C )mmis>.ioners of Pilotige of his
port, and pay a sum not exceeding fifty dollars.

Skc. 22. That the master, owner or consignee of any ship or
f ^^t^**i T^ vessel, for the cc^nsideration of the pilotage of the sai<l ship or vcs-
terniiiiei by sel, iuward to, or outward from, either of the aforesaid ports, .«hall

COIIIQI >810ll _ *

erj* of Pilot- pay to the licensed pilot who shall take charge of the same, the
several sums of money, rates and {'Qi'S^, which tlic Commissioners of
Pilotage of the aforesaid respective harbors or ports may determine
and fix upon, according to the draft of water of the said shij) or

OF SOUTH CAROLINA. 01

vt'ssi'l ; autl l!ie C(>nimi83ii»nors of Pilotage of the respective ports A. D. 1^7-2.
or lmrl)ors aforesaid, are liereby authori/.cd jind directed to deter-
mine, for their respective ports or harbors, siidj rates and fees as to
them shall seem meet and proper, both as well for the draft of the
.shij) or vessel as ftjr takinj^ such ship or vessel around any river
requested by tlie master, owner or consignee, and for taking letters
from either of the harboi*s or ports aforesaid, to vessels outside the
respective bar, and waiting orders, and delivering them on board,
the amount of inward pilotage of such vessel's drai't.

Sec. 23. That whenever a vessel has crossed over, or is inside of, Mastor,w r-n

.., PI,. -11 I 1 11 I • 11 1 i "f't C(im|Hll-

either or the aforesaid Inirs, the master shall not be cornj)elled to «-<i to take a
take a pilot; but, if he demands the services of a pilot, be shall
pay the customary fees of pilotage, as in other ciises.

Sec. 24. The respective Commissioners of Pilotage shall have Rules nmi
1 . • -1 1 1 -1 ,. 1 ■ regulati ns.

j)0wer and authority to prescribe to the several pilots ot their re-
spective ports such orders and regulations, not inconsistent with
this Act, as to them, or a majority of them, may appear suitable
and proper; and any pilot neglecting or refusing to conform to any
such orders or regulations, shall forfeit and pay, for each offense, the
sum of fifty dollars.

Sec. 25. That the Harbor Master of each of the aforesaid bar- iiarborMa'^.

tpr r quirca

bors shall be bound to keep constantly a complete register, specify- tokficpucom-

' -^ ^ o ' 1 J pletc.Oiiiaiex-.

ing the licenses of all the pilots (with their residences; of his re-
spective bar and harbor, and of all boats to which they are sever-
ally attached, and the name, number, and the owner or owners of
the same, and also to register any change or alteration that may
take place in either of the above particulars; which change or
alteration the pilots are hereby required, from time to time, to re-
port to the Harbor ^Ma-^ter of their respective port, as they may piios to re-
occur, in order that masters of vessels, or perscMis interested, may bnr '^indu-r
have it always in their pow'er to know from him at once who are bie ' inr'ops
the responsible persons on boarrl of each boat, and thereby obtain ""'''^■' ^""*-
sucu information as they may find necessary. And every pilot or
owner of a pilot boat, neglecting or refusing to report, as aforesaid,
shall, for each onli^sion, forfeit and pay a fine not exceeding fitty p. ,v.i(v for
dollars; and it shall be the duty of .sai'l Harbor Master, on the "•'s''^*^'-
first Monday of each month, to report to the Commissioners of
Pilotage a register, as abin'e specified, and also such pilots as may
have neglected c)r refused to comply with the fore<!;oin«i: requisitions; „ ,

° ' -' o j-> I > narltorMa<4-

and the said Harbor jMaster shall furnish everv ma-^tcr of a vessel tort., funii^ii

coplisol tills

coming to the Harbor Master's office with a coi)v of this Act, for -^f' t" ^i"-*^

" , ^ _ ... . ttT.sDfVfH.sl'lS

(he i>urpose of perusing it at said office, without charging, or
being allowed to charge, any fee or perquisite for any or either of
the aforesaid services ; and, for every neglect of duty in the prem-

62 STATUTES AT LARGE

A D. 1S7-2. j^gg^ i\^Q .,^i,l ll^rlJ(Jr Ma.ster (of either of tlie aforesaid ports; shall
^ forfeit and pay a sum not exceeding fifty dollars, to be imposed by

the Coniniisi>ioner3 of Pilotage at his respective port, and deducted
from his salary.

Sec. 26. That it shall be the duty of the Commissioners of Pilot-
Duties of age of either of the ports afore^iid, on the occa-^ion of auv marine

Coiiiiiiission- . 1 • 1 . -1 ^

■ IS i)t I'iiot disaster to any vessel mi charge of a pilot of their respective port,

ase in cast- of ^ , „ , • • z. i /. i i-

mar.ne uisus- to make a careiul (^x:iinination oi the cause or causes or such dis-
aster, by imiuedialely summoning before them the pilot in charge of
the vessel, and obtaining surli testimony from the parties interested
or not, as the ease may be, in their power ; and the result of such
investigation shall be placed upon record, copies of which shall be
furnished, when desired, at the expense of the au})licant. The ma-
rine reports of the daily papers, or private information, shall be
deemed safhcient cause for such investigation by the Commissioners
of Pilotage.

Sec. 27. That each and every fine, forfeiture and penalty for

T)i.«posi .ion each and every offense against this Act, or any part, clause or arti-

e^c i'"^ under cle, shall be prosecuted, sued for and recovered in any Court of

ibi3Act. competent jurisdiction, for the use of the State; and the penalties

imposed in this Act shall, in every case, be recovered, although the

Commissioners of Pilotage may not think proper to deprive the

pilot in defjiult of his license in any instance herein authorized ;

Commission- and the Commissioners of Pilot;ige now in office shall act as such

offl e"to act until the appointment of others under the provisions of this Act,

"pi.ialn/en's' and shall exercise all the powers vested in the Commissioners of

aiema e. Pilotage under the provisions of this Act.

Sec. 28. The members of the respective Boards of Commission-
Comnii-sion ers herein provided for shall hold their offices for two years, unless

ers' term of j i .i o a\^i

office. sooner removed by the Governor. >> hen a vacancy occurs, a new

Vacancy. appointment shall be made for the full term.

Sec. 29. This Act shall not be construed to interfere with the

Righ s of rights of any pilots who already hold either a limited or full branch

dy°'^^'*iiceiise'i *^'' '^'^'*^"^^' ^'i^'t all such pilots, after the piissage of this Act, shall

ed' vntii^^Vv ^^ subject to all its penalties and forfeitures, and entitled to all its

this Ac:. privileges and immunities.

Sec 30. That all Acts or parts of Acts inconsistent with the
Repealing provisions of this Act, and all Ordinances or parts of Ordinances
in conflict or inconsistent with the provisions thereof, be, and the
same are hereby, repealed.

Approved February 27, 1872.

OF SOUTH CAROLINA.
AN ACT T(» Amkm) an Act KNrni,i;i) "An Act t<» Isconro-

KATK IIIK ToWX OK CoKKHltl' KY."

Section 1. Be it enacted hy iIk; ScmiUc and House of Represen-
ttitivt'S oftlio Slate of South Cuioliiia, now met ami sittiii}^ in Gen-
eral Assembly, and by the authority of the same, That Scetiou
seventy-six (76) bo so anjended, in the second line, by striking out
the word " six," and inserting, in lieu thereof, the word " four," so
as to read a.s follows : " The said Town Council shall be governed
by an Intendant and lour Wardi'us."'

Sec. 2. That Section eighty-four (84) be so amendeil, in the Pate of tax-

, ,. , ... ' , 1 ,, . <) 1 • ,• -I- ation limited.

seventh line, by strdving out the word ten, and in.serting, in lieu

thereof, the word "five," so as to read : " No tax shall be imposed,

in any one year, to exceed the rate of five cents on each hundred
dollars of .such assessed property."

Approved February 27, 1872.

No. 50.

Corporators.

AN ACT TO Incorporate the Brotherly Association, of
Charleston, S. C.

Section 1. Be it enacted by the Senate and House of Represen-
tdtives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That W. Wallace,
B. K. Kinloch, Edward Fordham, M. J. Siraonds, Thos. Lesesne,
A. E. O'Neil, and their associates and successors, are hereby de-
clared to be a body politic and corporate, in deed and in law, by

the name and style of the "Brotherlv Association, of Charleston,

'' , ' Coi'i orate

S. C," and by the said name shall have j)cri)etual succession of otfi- title.

cers and meiijl)ers, and a common seal, with power to change, ^alter,
and make now tlie?ame, as often as the said corporation shall judge
expedient.

Sec. 2. That the said corporation shall l)e capable in law to pur-
chase, have, hold, receive, enjoy, pos.sess, and retain to itself, in per- pHvu^ts.'"^
petuity, or for any term of years, any lands for the purpose of
interments, or other property, of what nature soever, not exceeding
the value of fifty thousand dollars, or to sell or alien the same, as
the said corporation shall think lit; and, by its corporate name, to
sue and be sued, implead and be impleaded, iu any Court of law
or equity in this State; and to make such rules and bylaws, not
repugnant to the laws of the land, as, for the order, good gov«'rnment
and mauagement thereof, may be deemed necessary and expedient.

64 STATUTES AT LARGE

A. D. 1S72.

Si:r. .">. Tliat this A<t fcliall be deemed a public Act, and continue
in force unlil repealed.

Approved February 27, 1872.

AN ACT TO Pkovide fok the Speedy Apportionment oi
ISO. 01. State Appropuiations, Made Fou the Support and Main-

tenance OF Free Common Schools.

Section 1. Be it enacted by the Senate and House of Represen-

A'propri- stives of the State of South Carolina, now met and sittin*^ in Genc-

jitiou to j-al A&aemblv, and \i\ the auth<jritv of the same, That th-' State Su-

be uppio- . » .

lioneii within perintcndeut of Education be, and he is hereby, authorized and eni-
powered, if, in his judgment, the exigencies of the case require, to
apportion to the several Counties of the State any State a])propria-
tion made for tiie support and maintenance of Free Common
Schools, within fifteen (15) days after said appropriation .-hall have
been made.

Sec. 2. That this Act shall take immediate effect.

Approved February 27, 1872.

No. 52. AN ACT to Change the Name of Wm. Nathaniel Martin,
and to make Him one of the Legal Heirs of His Father.

Whereas, "Wm. B. Davis, a citizen of Williamsburg County, is
Preami-ie. ^\^q father of an illegitimate child, a boy, now going by the name of
Wm. Nathaniel Martin; and, wherea.*, said Wm. B. Davis is desirous
of having the name of said child changed to that of Wm. Na-
thaniel Davis, and to have conferred upon him all the rights of
legitimacy ; therefore,

SfXTiON 1. Be it enacted by the Senate and House of Represen-

Wm.N. Mar- tatives of the State of South Carolina, now met and sitting in Gene-

chknged"**'"© ral Assemldy, and by the authf)rity of the same. That the name

"*^^ of the said Wm. Natlianiel Martin be chui!-ed to that of NVm.

Nathaniel Davis.

Sec. 2. That all the rights of h-itimacy are iiereby conferred
I'jfrhtsoflp- up"n the said Wm. Nathaniel ^lartin, and that he be considered
fJrrfa on hTm' o"^ of the legal heirs of his father, Wm. B. Davis, as if b<.rn in
lawful wedlock.

Approved February 27, 1872.

Cor, orate

OF SOUTH CAROLINA. Co

AN ACT TO Incoki'okate tiik Si'kincfikm) Baitist CnuRcn, a. d. 1872.

OF Tin: City ok (Jukknvim-e, S. C. ,.

No. .j.J.

Section 1. J3e it cnuclcd by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, That the members
of the said Society be, and are hereby, ineorjK)rate(I, and are hereby
declared to be a body corporate, by the name and style of the name
Springfield Baptist Church, and by that name and style shall have
a succession of olHcers and menibers, and shall have a common
seal.

Sfx". 2. That the said corporation shall have power to jjurchase,
receive and hold any real or personal estate, not exceeding in value
fifty thousand dollars, and to sell, convey and dispose of the same ;
and by its corporate name may sue and be sued, in any Court of Powers and

. , . o 1 1 1 1 11 prisileges.

competent jurisdiction in this State, and make such rules and by-
laws, not repugnant to the laws thereof, as they may deem necessary
and expedient.

Sec. 3. That this Act shall be deemed and taken to be a public
Act, and shal continue in force until repealed.

Approved February 27, 1872.

AN ACT TO AuTHoniZE the County Commissioners of Bap.n- No oi.
WELL County to Establish a Public Road from Bina-
ker's Bridge, via the Town of Grahams and Honey Ford,
across the Bio Salkehatchie Swamp, in the Vicinity
OF Rush's ^Iill, to Intersect the Buford's Bridge and
Barnwell Road at that Point.

SiccTiON 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That the County
Commissioners of Barnwell County be, and they are hereby, au-
thorized, empowered and required, immediately after the passage of
this Aet, to lay out, make and keep in repair a public road, leading Road from
i'roux Binaker's Bridge, through the town of Grahams, via Ilonev Bridgo.
Ford, on the Little Salkehatchie Swamp, to the road leading from
liuford's Bridge to Barnwell C H., crossing the Big Salkehatchie
Swamp at or near Rush's Mill.

Sec. 2. That said Countv Commissioners shall appoint a compe- Appointment
• , , • 1-1 ot siirvi-yor.

tent person to survey and hiy out said road ; and, muiiediately

therealtcr, cause the same to be constructed.

Sec. 3. That, in the construction of said mad, the Commission-
ers aforesaid shall cause to be constructed and erected such bridges
5

66 STATUTES AT LARGE

A. n. >■;■:. jj., slmJl \)(> rcconitncniled by the surveyor aforesaid ; and tlicy shall

^ "~ cau.se public notice to be given, with the speeilications required,

and shall award the building of the said bridges to the lowest bid-

contiiiot to der: Piovkled, houever, That the said bidder shall file his b<nid,

lowi-st i)i.Mer With proper security, in double tlie amount of said contract, tor

the Ihithlul carrying out of its provisions, in the custody of the

proper otticers: And prorldid, cffso, That the cost of erecting said

bridges shall uot exceed three hundred dollars.

Sec. 4. That the County Comraissioners be further authorized

and required to order out all persons liable to road duty, residing

, „ within four miles of the line of said road, as located, (except those

County Com- '

iiiissioneis to living ill incorporated towns,) to perform three days' work in each

cull out per- ° ,' ... ..

sons iabie to month on said road, until its completion, to the satisfaction of the
road duty.

County Commissioners, commencing immediately after the survey

of said road has been completed ; notice to be given by the County
Commissioners in the manner such notices have been heretofore
Penalty for given ; defoulters to be fined two dollars for each day's failure to
work as notified — the fines to be collected by the County Commis-
sioners, and paid into ^he Treasury for the use of said County.
Sec. 5. That the bridges, mentioned iu the third Section of this
Bridges— Act, be completed during the first and second month from the com-
compieted. ^^ menccment of the construction of said road.

Approved February 27, 1872.

jSTo. ')'). AN ACT TO Revive and Reneav the Charter and Corporate
Privileges of the Trustees of the Bennettsville Aca-
demical Society.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral A?sembly, and by the authority of the same. That Sections 2, 3
and IG of an Act entitled "An Act to incorporate certain societies
and companies, and to renew and amend certain charters heretofore
\ granted," ratified on the eighteenth day of December, in the year of

our Lord one thousand eiglit hundred and forty-four, be, and the
same are hereby, revived and re-enacted, only in so far as to renew
Corporate ^jj^ charter and coi'porate privileges therein conferred upon the
vived. Trustees of the Bennettsville Academical Society, to be a body

politic and corporate, entitled to all the rights and privileges in said
Act granted, not repugnant to the laws of the land ; that the
said corporation shall have power to purchase, receive and
posses any real or personal estate, not exceeding in value, the

OF SOUTH CAROLINA.

sum of ten tlioiismul (lollar.s: J'rovldtd, Tliiit the said TrustfCs A. D. ih72.
of the Beuin'tt.sville Aciuicmical iSocicty be sul)jeet lo an Act to ^

piDviile for the formation of corporations, so far as the same may Sul.jpct to

1 ^ ' •' provisions of

be applicable: J'rorldfd, fiirthrr, That nothing herein contained Actofisji.
pa*iseil December 17, 1(S41.

shall exempt tiu-in from the provisions of Section 41 ol" an Act
Skc. 2 This Act shall be deemed a public Act, and shall con-
tinue in force until amendt^l or repealed.

Approve<l February 27, 1872.

AX ACT TO Rfquikk the County Commissioxers to Remove j^q.
Imbecilbe^'FRom the Luxatic Asylum to theiu RjispECTiVE
County Poor Houses.

■)G.

Whereas, experience has established the fact that imbeciles should preamble,
not be confined in the same building with the insane ; and, whereas,
the insane; — who, as a class, require special treatment — have fre-
quently to be refused admission into the asylum for want of room ;
therefore.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That, from and
after the passage of this Act, the County Commissioners of the va- ho^™'iv'inove°
rious Counties in the State shall remove their imbeciles from the \'^""nm""'^t'o
State Lunatic Asylum, upon due notice from the Superintendent to ^'^"^^ Houses,
the said County Commissioners as to the number of imbeciles con-
fined in the institution from their respective Counties, and shall
liereafter take care of all such persons in their respective County
Poor Houses.

Sec. 2. That all Acts or parts of Acts inconsisten*, with the pro-
visions of this Act be, and the same are hereby, repealed.

Approved February 27, 1872.

AN ACT to Charter the State Savings and Insurance
liANK, of Anderson, Soith Carolina.

No. •■i7.

Section 1. Be it enacted by the Senate and Houst^ of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That James Corporfttors.
L. Orr, Jessey W. Norris, O. A. P. Fant, J). M. Watson, Wm.
Perry, Jacob Burriss, W. S. Sharpe, P. F. Crayton, John ^lartin,

68 STATUTES AT LARGE

A. D. 1S72. j,,ii„ R Cochran, John B. Sitton, F. E. Harrison, W. B. Watson,

^ Sr., B. D. Dean, John Wilson and J. W. Harrison, together with

such persojis as are now, or may hereafter be, associated with them,

shall be, and they are hereby, constituted and made a body politic
Corporate •' ' . .• '

nauus. anil corporate, by the name and style of " llie State Savings and

Insurance Bank, of Anderson, South Carolina;" and by that name
and style shall be, anrl is hereby, made capable, in law, to have,
purchase, enjoy and retain to it and its successors, land-i, rents, tene-
ments, goods, chattels and effects, of whatever kind or quality
soever, ami the same to sell, alien or dispose of; to sue and besuetl,
Powers and P^^»'' '"'^1 be impleaded, answer and be answered, defend and be

priv.,ege3. defended, in Courts of record, or any other place whatsoever, and
have perpetual succession ; to have and exercise the rights and
privileges of other corporations now existing, or thft^niay hereaf-
ter be enacted ; and, also, to make, have and use a common seal,
and the same to break, alter and renew at their pleasure; and, also,
to ordain and put in execution such by-laws and regulations as
may seem necessary and convenient for the government of the said
corpi (ration.

Sec. 2, That the capital stock of said corporation shall be twenty-
five thousand dollars, to be divided into shares of one hundred dol-

Capital stock. . i /• •

lars each, and may be increased, Irom time to time, to a sum not

exceeding five hundred thousand dollars, as may be deemed neces-
sary by the Board of Directors.

Sec. 3. The persons named in the first Section of this Act shall
Presjdentand be the Directors of this Company until others are appointed by the
appointment Stockholders, and they may, as soon as proper, appoint a Presid.-nt
and duties. from among their number, or from among others who may hereaf-
ter be associated v.ith them ; and the said President shall continue
in oflSce for the period of one year from the day of his election, or
until his successor is appointed. In case of a vacancy in the office
of President or Director, from any cause, the remaining Directors
may elect others to supply their places until a meeting of the stock-
holders shall be held. There shall be five or more Directors who,
with the President, shall manage the affliirs of the company.
Three of said Directors shall constitute a quorum for any and all
business purposes of said company. The meetings of the stock-
holders shall be held in the prim ipal office of the corporation,
which shall be designated by the Board of Directors.

Sec. 4. The President and Directors shall appoint such clerks
Clerks— ap- jmd other officers as thev mav find necessary properly tf) conduct

pointmcnt • ' -I'l

and compen- the business of said company, and allow them suitable compensa-
tion ; all of which clerks and officers shall hold their places during
the pleasure of said President and Directors.

OF SOUTH CAKOLLNA. 69

Sic, ."). The President and JJircctors slmll have power toai)[)(>iiit ^- '*• '""-•
agents in any part of the State or elsewhere, and, at their <li8cre-
tion, infly take from tlieni bonds, with security, conditioned for the
faithful i)erforniance of their dnties; sueh agents being removable
at the pleasure of the President, subject to the approval of the
Board of Directors, or by tlic Board of Directors.

Si;('. (1 The n)ode of voting at the meetings of said company, M' <le of vo-
shall be one vote for each share of stock, and every stockholder
may, at pleasure, liy power of attorney or in person, assign or
transfer his stock in the com])any, on the books of the same, or any
part thereof, not being less than a whole share.

Si:r. 7. The iirst annual meeting of the stockliolders of said com- Annuaimeet
pany shall be on the first Tues<]ay of June, 1872, and thereafter on ^'"^
the same day of each year : Provided, The said stockholders, at
any regular meeting, or a Board of Directors, may, at any time,
change the day of said annual meeting; and the President and Di- q g j, erai
rectors, may, at any time, call a general meeting of the stockholders, meetings,
and any number of stockholders, owning not less than one-third of
the whole nurabei; of shares, may require the President to call such
meeting, and, on his refusal to do so, may themselves call such meet-
ing, in such case giving at least ten days' uotice, by publication in
one or more newspapers published in the city of Columbia.

Sec. 8. The members of the company shall not be liable for any _

. . . . Responsibil-

lose, damage or responsibility, other than tlie property they have in ity of mLm-

the capital and funds of the company, to the amount of shares

held by them, respectively, and any profits arising therefrom not

divided.

Sec. 9. That said corporation shall have power and authority to of^ft^'^^^^l^"!
invest its capital stock or other funds in bank or other stocks, in stock.
the purchase of bonds of the United States, bonds issued by this or
any other State of the United States, and in bonds of any incorpo-
rated company, to lend money upon j)ers()nal or real security, to
discount bonds, notes and bills of exchange, and to guarantee the
payment of notes, bonds, bills of exchange, or other evidences of
debt, and use their property in any manner incidental to a banking,
insurance and trust business, or the general business of the com-
pany.

Skc. 10. All policies of insurance, and other contracts made by i. suranoe
said company, signed by the President, and countersigned by tlie
Secretary, shall be obligatory on said company, and have the same
effect as if attested l)y a corporate seal.

Sec. 11. This Act shall be in full force after its passage.

Approved February 27, 1<S72.

70 STATUTES AT LARGE

A. D. 1872. J^^ ACT TO i^MKND AN AfT EnTITLI.D " An AcT TO ChARTKR

TI ^_"~ THii Yemahske and M illkn Kailkoad CoMi'AN y, in the State

OF South Carolina.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Asseml)Iy, and by the authority of the .same, Tiiat an Act enti-
tled " Au Act to charter the Yemassee and Milieu Railroad, in the
State of South Carolina," approved ^larch 9, A. D. 1871, be
apiended as follows, to wit, the words: " Prorlded, That the said work
shall be commenced within one year, and completed within five years
Roi<i to be after the passage of this Act," occurring in the (7th) seventh, (8th)
wiuim*^iiu4e eightli and (0th) ninth lines of Section 4, be changed so as to read :
years, u provided, That the said road shall be commenced within (_3) three

years after the passage of this Act, and completed within (5) five
years after the date of commencement of labor."

Sec. 2. That nothing contained in said charter shall be so construed

Said corpor- ^^ ^° exempt Said corporation from the jjrovisions of Section 41 of

atioii notj.^exT •< ^^ j^^f ^q incorporate Certain villages, societies and companies, and

provisions of ^q renew and amend certain charters heretofore granted, and to

Act of 1:41. '^

establish the principles on which charters of incorporations will
hereafter be granted," approved December 17, 1841.

Approved February 27, 1872.

1^0.59. AN ACT to Amend an Act Entitled "An Act to Incor-
porate the Columbia, Walterboro and Yemassee Rail-
road Company."

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That an
Act entitled "An Act to incorporate the Columbia, Walterboro
and Yemassee Railroad Company," approved March 7, 1871, be
amended as follows, to wit : The words, " Provided, That the said
comriienced road shall be commenced within one year and completed within five
years" ^^*^ years after the passage of this Act," occurring in the seventh, (7th,)
eighth (8th) and ninth (9th) lines of Section (8) eight, be changed
so as to read : " Provided, That the said road shall be commenced
within three years after the passage of this Act, and completed
within five years from date of commencement of labor." That the
second Section of said Act shall be amended by striking out the

OF SOLTIl CAKOLINA. 71

word " possible," wlK-revcr it occurs in said Hcctioii, and inserting, ^- ^'- ^'^'^•
in place thereof, the word " practicable ;'' and that the third Sec-
lion of said Act shall be amended by striking out the W(jrds "one
hundred," in the eighth line of said Section, and inserting, in place
thereof, the words " tweuty-five."

Skc. 2. That notliing contained in said A'-t of incorj)oration shall

be so Construed as to exempt said corporation from the provisions (jf

. • -11 • • Not exr-mpt

Section 41 of ''An Act to incorporate certain vulages, societies and from pmvis-

, , , • 1 1 f i""« "f ^^^ of

companies, and to renew and ameiul certain charters heretorore iwi.

graiiud, and to establish the })rinci|iles on which charters of incor-

j)orations will hereafter be granted," approved December 17, 1841.

Approved February 27, 1M72.

AN ACT TO Rk-charter the Ferry over the Combahee No. 60.
RivEK, South C'arolina, known as the Comuahee Fekky.

Section 1. Be it enacted by the Senate and House of Re})re-

sentatives of the State of South Carolina, now met and sitting ia

Ceneral Assembly, and by the authority of the same, That, from

and after the passage of this Act, the Ferry over the Combahee

River (known as the Combahee Ferry) be, and the same is hereby,

rechartered, and vested in Arthur Middleton, his heirs and assigns, v.stoil in

for a term of fourteen years, with the following rate of toll: For lUitou.

each man and horse, ten cents; for each horse, led, five cents; for

, .. n ,. , , , \. Kates o f

each toot passenger, five cents; lor each wagon, tlrawu by lour toil.

horses, seventy-five cents ; for each wagon and carriage, drawn by
two horsBvS, fifty cents; for each wagon, drawn by one horse, twenty-
five cents; for each gig or sulky, twenty-five cents; for each cart
and horse, twenty-five cents; for each head of cattle, five* cents; for
each hog, sheep or goat, three cents; for long or double ferriage,
double the amount of the above rates: Provided, That the said Ferryboats.
Artluir Middleton, his heirs or assigns, shall keep oneor more good,
6ul)stantial ferry ])oats, together with a suitable rope or chain, or
such other contrivance as will insure safe and prompt transportation
across said stream : Provided, further, That children going to and tii^ori^*to^fr"e'
returning from school, and voters going to and returning from the t'ou.'***"'^"'
])olls on election day, shall be passed free of charge over said
ferry.

Ap[)roved February 27, 1872.

72 STATUTES AT LARGE

A. I). 1S72. \\; ACT TO Chance the Nami-m ok Lee Abrams, John Aukams,
Dunklin Ahrams and Mauv Aijkams, to Lee Feucjuson,
John Fekguson, Dunklin FER(iUsoN and Mary P^EiiuusoN,

Ki:.Sl'ECTlVELY, and TO PeRMIT CilAKLES M. FERGUSON TO

Adopt tiiem, and make them his Lawful Heirs.

AVhereas the aforesaid Ix-e Abrams, John Ahrams, Dunklin
Abrauis and Mary Abrams are all the minor children of Frances
E. Abrams, now intermarried with the said Charles M. Fer<,M>son,
who is desirous of treating said children, in every respect, as his own,
to confer upon them his own name, and to make them his lawful
heirs ; therefore,

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same. That the names
Names of the said Lee Abrams, John Abrams, Dunklin Abrams and Mary
Ahrauis to Abrams be changed, respectively, to Lee Ferguson, John Ferguson,
eiyu'* • Dunklin Ferguson and Mary Ferguson.

Sec. 2. That the said Lee Ferguson, John Ferguson, Dunklin

Ferguson and Mary Ferguson shall, hereafter, be deemed lawful

Madeiawfui heirs of the said Charles M. Ferguson, and shall, upon the death of

the said Charles M. Ferguson, providing he die intestate, inherit his

property, in common with his other lawful heirs.

Approved February 27, 1872.

heirs

Xo. 62. -^^ ACT TO Renew, Amend and Extend the Charter of
THE Trustees of the Presbyterian Church, of Smyrna,
IN Newberry County.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same. That David B.
Piester, George W. Senn, Henry Hendrix, Henry D. Boozer and

, Thomas N. Boozer, Trustees of the Presbyterian Church, of Smyrna,
Corp orate ' • _ _ •

name. jn Newberry County, and their successors in otiice, be, and the same

are hereby, declared a body politic and corporate, under the name

and style of the Trustees of the Presbyterian Church, of Smyrna,

in Newberry County, with all the rights, powers and privileges

Powers and , „ -^ , , m /•" i t» i . • /-m \ ■ c

privileges. heretofore granted to tlip Trustees of llie rresliytenan L luirch, of

Smyrna, in Newberry District, by an Act of the CJeneral Assembly,

passed December , A. D. 1857; and the charter of same is

hereby renewed and extended for the term of twenty-five years.

Approved February 27, 1H72.

OF SOUTH CAROLINA. 73

AX ACT TO AlTIIOUI/E Al.lKNS T<j IluLlJ i'ltOl'JCRTV. A. I). 1872.

lie it enacted by tlu' Senate iind House of Representatives of the No. <)o.

State of South Carolina, now met and sitting in General Assembly,

and bv the authority of the same, Tliat real and personal i)ror)ertv,

' 1 I .; » Aliona enti-

of everv de.«'crii)tion, may he taken, acrinired, held and di.sr»r)sed of *'«<• *" rifjiits
bv an alien, in the same manner, m all respects, as by a natural as nuturui

■ . . 1 • 1 1 born citizens.

born eitizen ; and a title to real and personal property of everv
description may be derived through, from, or in succession to an
alien, in the same manner, in all respects, as through, from, or in
succession to a natural born citizen.

Approved Februar}' 27, 1872.

AN ACT TO Incorporate the Towx of Lewisville, S. C. No. G4.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That, from
and after the passage of this Act, all citizens of this State, having Corporators,
resided twelve months within this State, and sixty days in the vil-
lage of Lewisville, shall be deemed, and are hereby declared to be,
a body politic and corporate, and the said village shall be called

and known by the name of Lewisville, and its corporate limits shall

, , ,. , ,. -1 ■ 11- • I- 1 Corpo.ate

extend thr-e-iourths or a mue, in each direction, Irom the new store limits.

of \y. H. Hennon.

Skc. 2. That the said village shall be governed by an Intendant onicers oi
and four Wardens, who shall be citizens of the United States, and town,
who -liall have resided in this State twelve months, and shall have
been nsidents of the said village sixty days immediately preceding
their election, and who shall be elected on the fourth Monday in
May, 1872, and on the same day in each year thereafter, ten days'
public notice thereof being previously given ; and that all male in- Eiedorg
habitants of the age of twenty-one years, citizens of the State, and
who shall have resided within the State twelve months, and in the
said village sixty days immediately preceding the election, shall be
entitled to vote for saiil Intendant and Wardens, paupers and per-
•sons under disabilities for crime excepted.

Sec. 3. The said election shall be held at some convenient pub-
lic place in said village, from six o'clock in the morning until
-,,,,. Ill Election,

five o clock 111 the afternoon, and, when the polls shiill be closed, the

Malingers shall i'oithwith count the votes and deehire the election.

U STATUTES AT LARGE

A.I). In, -2. ami ;^ivc' notice tliereof, in writin;.', to the Inten<laht tlierein Ixiiig'
or cause the same to be given, to the ])er.''on duly electol : Procidtd,
The Commissioners of Election of Orangeburg County shall call
• the first election under this Act, and shall appoint Managers to con-
duet the same, who shall nialic return thereof to the Commissioners,
the same as other elections held in this State. And the said Com-
mi.«sioners shall count the votes, and declare the election, and
notify the pei-sons so elected, Intendant an<l Wardens ot' the said
village. The Intendant and AVardens, before entering upon the
duties of their offices, shall respectively take the oath prescribed by
the Constitution of the State, and, also, the following oath, to wit:

tSt^^ °^*>f-"As Intendant (or Warden) of the village. of Lewisville, I will
equally and impartially, to the best of my ability, exercise the trust
reposed in me, and will use my best endeavors to preserve the
peace, and carry into effect, according to law, the pur])oses for
which I have been elected : So help me God." And if any person,
upon being elected Intendant or Warden, shall refuse to act as such,
he rhall forfeit and pay to the Council the sum of twenty dollars,
for the use of said village : Provided, 1 hat no person who has at-
tained the age of sixty years shall be compelled to serve in either
of said offices, nor shall any other person be compelled to serve
either as Intendant or Warden more than one year in any term of
three years. The Intendant and Wardens for the time being ?hall
Board of always appoint one or more Boards of Managers, three Managers

Managers, ^^^ asich Board, to conduct the election, who, before they open the

polls, shall take an oath fairly and impartially toconduct the same.

Sec. 4. That in case a vacancy shall occur in the office of Inten-

vacanci es ^'^^^ or any of the Wardens, by death, resignation, removal or oth-

how- fined. erwise, an election to fill such vacancy shall be held, by order of
the Intendant and Wardens, or a majority of the same, ten days'
public notice being previoasly given ; and in case of sickness or
temporary absence of the Intendant, the Wardens, forming the
Council, shall be empowered to elect one of the number to act as
Intendant during the time.

Sec. 5. That the Intendant and Wardens duly electeil and (uiali-

•Judicial . , . ' .

powers. fied shall, during their terra of service, severally and respectively,

be vested with all the powers of Trial Justices, (or Justices of the
Peace, as the ca.se may be,) in this State, within the limits of the
village, except fur the trial of small and mean causes; and the In-
tendant shall, or may, as often as necessary, summon the Wardens
to meet in Council, any three of wht)m, with the Intendant, shall
powers and constitute a quorum to transact business; and they shall be known
piiviegLs. ^^g ^j^^ Town Council of Lewisville; and they, and tlieir successors
in office hereafter to be elected, may have a common seal, which

OF SOUTH CAROLINA. 75

t<liall he affixid to all of their ordiuauces ; inuy sue and he sued, ■'^- ^' """-•

plead and he impleaded, in any Court of justice in this State; and ^

purchase, hold, possess and enjoy, to them and their successors, in

perpetuity, or lor any term of years, any estate, real, personal or

mixed, and sell, alien or convey the same: Provided, The same

shall not exceed, at any one time, the sum of t(Mi thousand dollars.

And the said Town Council shall have authority to appoint, from

time to time, as they may see fit, such and so many proper persons „ . . .

to act as Marshals or Constahles of saifl village as the said Coun- pf>w«rs und

" duties.

eil may deem necessary and expedient for the preservation of the
l)eace, good order and police thereof, which persons, so appointed,
shall, within the corporate limits of said village, have the power
and privileges, and be subject to all the obligations, penalties and
regulations provided by law for the office of Constable, and shall
be liable to be removed at the pleasure of said Council. And the
said Town Council shall have power to establish, or authorize the cua^d^House.
establishment of, a market house iu said village ; also, to authorize
the establishment of a guard house, and to prescribe suitable rules
and regulations for keeping and governing the same. And the said
Town Council, or the said Intendaut or Wardens, in person, any
one or more of them, may authorize and require any Marshal of
the town, or any Constable specially appointed for that purpose, to
arrest and commit to the said guard house, for a term not exceed-
ing twenty-four hours, any i)erson or persons who, within the cor-
porate limits of said town, may be engaged in any breach of the
])eace, any riotous or disorderly conduct, open obscenity, public
drunkenness, or any conduct grossly indecent or dangerous to the
citizens of said town, or any of them. And it shall be the duty of
the Town ^Marshals or Constables to arrest and commit all such , ^,"!^,'.'^ l.*^fT'

I i^rl HiHI colli"

otieuilers, when required so to do, and who shall have power to call IV'^ '" Guard
to their assistance the posse comitatus, if need be, to aid in making
such arrests, and, upon the failure of said officers to perform such
duty as required, they shall, severally, be subject to lines and
penalties a.s the Town Council may impose upon them. And all
persons sc) imprisoned shall pay the costs and expenses incident to
their imprisonment, which costs and expenses shall be collected in imp I'isou-
the same manner as is provided for the collection of fines imposed '"*^^" "
for the violation of ordinances, rules and regulations : Provided,
That such imprisonment shall not exempt the i)arty from the pay-
ment of any fine the Council may impose for the ofiense which he,
she or they may have committed. And the said Town Council
shall have full power and authority, under their corporate seal, to
make all such rules and regulations, by-laws and ordinances, re-
specting the streets, roads and the busiiu.-s thereof, as well as the

STATUTES AT LARGE

A. D. \>^1.

Nuisances.

police sysfoni of the said town, as shall apjiear to them necessary
and pro[)er, for the security, welfare and eonvenicnce, and for pre-
serving health, order and good {;overnmeut within saitl town. And
the said Town Council may impose fines for offenses a<^aiiist their
Fines. bylaws, rules, regulations and ordinances, and appropriate tl.e

same to the public use of said town ; and the said Town C<»uncil
shall have the same power that Trial Justices or Justices of the
Peace now have, or may hereafter have, to compel the attendance
of witnesses, and require them to give evidence upon the trial be-
fore them of any person or persons, for violation of any of their
ordinances, by-laws, rules and regulations; but no fine above the
sum of twenty-five dollars shall be collected by said Council, ex-
cept by suit in proper Courts of justice in this State; and, also,
that nothing herein contained shall authorize said Council to make
any ordinances or by-laws inconsistent with, or repugnant to, the
laws of the State.

Sec. 6. That the said Intendant arid Wardens, or a majority of
them, shall have power to abate and remove all nuisances in said
town ; and it shall be their duty to keep all roads, ways, bridges and
streets in said town open and in good repair, and, for that purpose,
they are invested with all the powers of County Commissioners, or

Road and Commissioners ofRoads, for and within the corporate limitsofthesaid

street dut5'. *

town ; and they may lay out new streets, close up, widen, or other-
wise alter those now in use ; and shall have full power to classify
and arrange the inhabitants or citizens of said town liable to street,
road, or other duty therein, and to force the performance of such
duties, under such penalties as are now, or shall hereafter be, pre-
scribed by law ; and they shall have power to compound with all
persons liable to work the streets, ways and roads in said town, upon
such terms as their ordinances or by-laws may establish, or their
Power 1 0 rules and regulations may require, the money so received to be ap-

open^streets! pl*^^ to the public use of said town; and all persons refusing to
labor, or failing to pay such commutation, shall be liable to such
fine, not exceeding twenty dollai-s for any one year, as the said Town
Council may impose ; and they shall have the power to enforce the
payment of such fine, in the same manner as is now, or may be
hereafter, provided for the collection of County taxes. And the
said Town Council shall have power, with the consent of the adja-
cent land owners, to close all such roads, streets and ways within
the said town as they may deem necessary, by the sale of the free-
hold therein, either at private or public sale, as they may adjudge
best for the interest of the said town ; and they shall keep in repair
all such new streets, roads and ways as they may, from time to time,
deem necessary for the improvement and convenience of said town:

OF SOUTH CAROLINA.

Provided, That no street, mad or way .-hall he opuiicd without firs-t
having obtained the consent of the huid (twner or owners thereof,
through whose premises any such new street, road or way niav ptbis.

Skc. 7. The said Town Couneil shall have ])ower and authority
to require all persons owning a lot or lota in said town to close in
and to make and keep in good order and repair sidewalks in front sidtwuiks.
of said lot or lots, wlienever the same shall front or adjoin any
public street of said town, if, in judgment of Council, such side-
walk or sidewalks shall be necessary, the width thereof, and the
manner of construction, to be designated and regulated by the said
Town Council ; and for default or refusal, after reasonable notice,
to make and keep in good repair such sidewalks, and to close such
lot or lots, the Town Council may cause the same to be made or put
in repair, and require tlic owner to pay the price of making or re-
pairing; and the said Town Council are hereby empowered to sue
for and recover the same by action of debt in any Court of compe-
tent jurisdiction: Provided, That such contract for making or re-
pairing is let to the lowest bidder. The cemeteries and public
graveyards are also placed under the jurisdiction of the said Town
Council.

Sec. 8. The lutendaot and Wardens of the said town, or a ma-
jority of them, shall have full power to grant oc refuse licenses to Licenses,
keep taverns or retail spirituous liqu )rs, within the corp >rate limits
of the said town, upon such conditions, and under such circum-
stances, as to them shall seem proper and right : Provided, That in
no instance shall the price be less than the amount that is estab-
lished by the State; and all moneys paid for licenses, and for fines
and forfeitures, shall be appropriated to the public uses of said
town : Provided, That the Intendant and Wardens, duly elected,
shall not have power to grant any license to keep tavern or retail '

spirituous liquors to extend beyond the term for which they have
been elected. They shall have power to regulate sales at auction snUs at nnc-
within the corporate limits of the town; and to grant licenses to *'°"'
auctioneers, itinerant tradei-s, to keepers of hotels and liverv sta-
bles, and to levy a tax on all drays, carts, wagons, carriages, om-
nibuses, buggies, horses, mares, or mules, kept for hire, or used for
public purposes in said town; and they have the full and only power
to impose a tax on all shows or exhibitions for gain or reward, Tux on dray^
witliin the corporate limits of said town ; they shall have power to tions.
inipDse a tax, not exceednng twenty cents on every hundred dollai-s
of the value of all real or i)ersonal property, lying within the

corporate limits of the town, the real and personal property
f 1 I 111 1 11 •• .1 Tax on roal

or churches and schools and college associations excepted, mni person:.!
m . T 1 1 • 1 ,. 1 piouerty.

Ihat an orduiance declaruig the rates oi annual taxation

78 STATUTES AT LARGE

A. D. 1-7-'. upon pioporty ami otlier siil)ject3 of aiimuil tiixution for tlie
year !>liall he i)iil)lislietl at least three weeks diiriuj^ tlie
mouth of January in eaeli year: Provided, That the f^aid
Town Council shall have power to levy a tax for this year,

_ ^ under the same rules as is above staled, immediately after the pas-

hioj.Ms t n saire of this Art, and that all persons liable to taxation under the

make oath ot " _ ^ •

trieir propel- gjinio shall make oath of their taxable pro[)('rty within said town,
aud make payment of their taxes to the Clerk or Treasurer of said
corporation, or such other person as they may be ordered or re-
quired to do during the succeeding month after publication ; and,
upon the failure to make such returns and payments as required,
the parties so in default shall be subject to the penalties provided
by law for the failure to pay the general State and County tax, to
be enforced by the orders of the Intendant and Wardens, or a ma-
jority of them, for the use of said town, except that, in such cases,
Executions, that executions to enforce the payment of such taxes shall be issued
under the seal of the corporation, and may be directed to the Town
Marshal, or other persons appointed by the said Town Council, to
levy, collect and receive the same, with costs, as in such cases made
and provided by law; and all property upon which such taxes shall
be levied and assessed is hereby declared and made liable for the
payment thereof in preference to all other debts, except debts due
abie^in ad"- to the State, which shall be paid first; and that all other taxes im-
vance. posed by the Intendant and Wardens, or a majority of them, shall

be payable, in advance, by the parties liable for the same ; and, on
failure of payment, their property shall be liable for the same, as
in manner aud form just before stated.

Sec. 9. The Intendant and Wardens elect, together with Clerk
and Treasurer, shall, during their term of office, be exempt from
street and police duty. Each Town Council shall, within one
month after the expiration of their term of office, make out aud
Rhnii Kive return to their successors in office a full account of their receipts
rHpt"?oxpJn- ^"t^ expenditures during their term; which account shall be pub-
riiiar. s, Ac. \\^]^q(\ ju opg or more papers of the town or County, and shall jiay
over all moneys in their possession belonging to the corporation, and
deliver up all books, records and other papers incident to their
office to their successors; and, on failure to do so, shall be liable to
be fined in a sum not exceeding five hundred dollars, to be col-
lected by any proper action of the Town Council.

Sec. 10. That all ordinances or by-laws passed by the Town
Council of Lewisville shall be binding upon the citizens of said
town the same as the laws of the State.

Sec. 11. That all Acts and parts of Acts inconsistent with or
supplied by this Act be, and the same are hereby, repealed.

OF SOUTH CAROLINA. '^

Sec. 12. This Act .'^hall be deoiiu'il u j.iililic Act, ninl oontimio in
force for the term of twenty ye:ir.«,:inil uiiiil the end of tlie .se.«sion of
tlie Lejiislature thereafter.

A. n. 1«72.

OFFICE SECRETARY OF STATE,

CoLUMHiA, S. C, February 28, 1872.
Thefore"'oin<T Act, having l)een presented to the Governor of this
State for his approval, and not having been returned by him to that
branch of the General Assen)bly in which it ori^nated within the
time prescribed by the Constitution, has become a law without his
8})proval.

(Signed) F. L. CARDOZO,

Secretary of State.

AN ACT TO Relieve the State of South Carolina of all ^^ qjj
Liability for its Guaranty of the Bonds of the Blue
RiDOE Railroad Company, by Providing for the Securing
AND Destruction of the Same.

"Whereas the State of South Carolina has, by and in pursuance pieamWe.
of the provisions of an Act approved the fifteenth day of Sep-
tember, A. D. 18G8, entitled " An Act to authorize additional aid
to the Blue Ridge Railroad Company, in South Carolina," en-
dorsed a guaranty of the faith and credit of the State on four
millions of dollars of bonds, issued by the said Blue Ridge Rail-
road Company, comprehending the Blue Ridge Railroad Com-
pany, in South Carolina; the Blue Ridge Railroad Company, in
Georgia; the Tennessee River Railroad Company, in North Caro-
lina; the Knoxville and Charleston Railroad Company, in Ten-
ne.'^see, and the Pendleton Railroad Company, in South Carolina,
for the purjiose of aiding the speedy completion of the said rail-
road, which bonds are liable for the debts of the said railroad
companies ; and whereas the present condition of the finances
of the State, and of said companies, is such as to make the
further conliiniance of said bonds on the market inexpedient and
unadvisable, and a serious injury and prejudice to the credit of
the State ; and whereas the existence of the said four millions of
dollars of bonds, so guaranteed, creates a large liability upon the

80 STATUTES AT LAKGE

A. D. 1872. p,^,.{ of j)j^. .State, wliifh the Trea.-^urer nuiy be required to meet
'^ at unforeseen and inopportune times ; and whereas the liability of

the State, on account of such ^.aiaranty, should be faithfully met
and discharged ; therefore, in order to secure the recovery and
destruction of the bonds and coupons of the said Company, issued
under and in pursuance of the provisions of the aforesaid Act,
now pledged in the city of New York and elsewhere, and to re-
lieve the State of all liabilities whatsoever, by reason of its en-
dorsement and guaranty of said bonds :

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That the State
Agent'"fo^'ie- Treasurer is hereby directed, with the consent, in writing, of the
Treiisur'er President of the Blue Ridge Railroad Company, in South Carolina,
Ridlle^^RaU- to require the Financial Agent of the State, in the city of New
road Compa- York, immediately to deliver to the State Treasurer all the bonds of
the Blue Ridge Jlailroad Coniimny, endorsed and guaranteed by
the State of South Carolina, which are now in his possession, and
held by him as collateral security, for advances made by the said
Financial Agent, by tlie order of the Financial Board, to the Blue
„ Ridge Railroad Company ; and upon the delivery of said bonds, the

state Trcas- ™ • i • " •

uier to cancel Treasurer is hereby required to cancel the same, in the manner
hereinafter directed ; and the said Blue Ridge Railroad Company
shall thereupon be discharged from all liability to the State on ac-
count of such advances.

Sec. 2. That upon the surrender by the said Company to the

State Treasury of the balance of the said four millions of dollars
-easiirerto
liver reve- of bouds, issued by the said Blue Ridge Railroad Company, and

11116 1) O Tl (I 1 •/

scrip to Prest- guaranteed by the State, the State Treasurer is hereby authorized
Kiiige Rail- and required to deliyer to the President of the Blue Ridge Rail-
road Company, in South Carolina, Treasury certificates of indebted-
ness (styled Revenue Bond Scrip) to the amount of one million
eight hundred thousand dollars, the said certificates to be executed
in the manner hereinafter directed ; and if the said Company shall
not be able to deliver all of said bonds at one time, the Treasurer is
j\uthorized and required to deliver to the said President such amount
of such Treasury certificates as shall be proportioned to the amount
of bonds delivered.
„ , Sec. 3. That, to carry out the purposes of this Act, the State

Bond scrip . - . .

to be print.ii Treasurer is hereby authorized and re<iuired to have printed, or en-

and signed by . „•« . . /. •

State Treas- graved on steel, as soon as practicable, Ireasury certificates oi ni-
debtedness, to be known and designated as Revenue Bond Scrip of
the State of South Carolina, in such form, and of such denomina-
tion as may be determined on by the State Treasurer and the Presi-

OF SOUTH CAROLINA. 81

(lent of the Blue Illdgc Railrojul Company, in South C!arolina, to a. D. istj.
till' :imount of" one million C'i;,'lit lumdrctl thousaiul dollars; wliich -^ ~

Ktv.-nut! r>ond ScJiip .sliall be signed hy the kState Treasurer, and
^Imil express that tlie sum mentioned therein is due hy the Slate of
Sou ill Carolina to the bearer thereof, and that the same will be re-
ceived in payment of taxes and all other dues to the State, except
spt'cial tax levied to pay interest on the public debt.

Six". 4. That the faith and funds of the State are hereby pledged creint oVstat-
for the ultimate redemption of said Revenue Bond Scrip, and the ''red.Mnptio'n'^
County Treasurers are hereby required to receive the same in ])ay- °^^"'^^ scnp.
nient of all taxes levied by the State, except in payment of special
lax levied to pay interest on the public debt ; and the State Trea-
surer and all other ])ublic officers are hereby required to receive the
same in payinent of all dues to the State; and, still further to pro-
vide for the redemption of said Revenue Bond Scrip, an annual tax Annurii tax
of throe mills on tlie dollar, in addition to all other taxes, on the beievieci.^
a.ssfssed value of all taxable property in the State, is hereby levied,
U) l)e collected in the same manner, and at the same time, as may
be provided by law lor the levy and collection of the regular annual
taxes of tlie State; and the State Treasurer is hereby reciuirod to
retire, at the end of each year from their date, one-fourth of the onc-fonrth
amount of the Treasury Scrip hereby authorized to be issued, until t,, be^reiii-ea
all of it shall be retired, and to apply to such purpose exclusively '^"""'^ ^•
the taxes hereby required to be levied.

Sec. 5. That if any such Revenue Bond Scrip is received in tlie Troaure-

ny I' ^ n i m i i i • lUaV pttV O.

I reasury for the payment or taxes, the Ireasurer be, and lie is siii«i scrip i..

II I'l,' i iT-» T>io'" ■/> satisfaction of

iiereby, authorized to pay out such Itcvenue Bond Scrip in satishic- claims.

tion of any claims against the Treasury, except for interest that may

be due on the public debt.

Sk(\ 6. That ui)on the delivery to the State Treasurer of the said

Liuaranteed bonds of the Blue Ridge Railroad Company, or of any

part of them, the Treasurer is hereby required to cause the same to

be cancelled and di>st roved, in the i)resenco of the President of the CanPf^i':"';^"

' 1 of .saiil Duiiils.

Blue Ridge Railroad Company, in South Carolina, and in the ]>re-
sence of a Joint Committee of the Senate and House of Representa-
tives of this State, to be for that purpose aj)pointed.

Six'. 7. That whenever the whole number of the said guaranteed
bonds .•<hall have been deliviTcd to the Treasurer and cancelled, as
reijuired by the provisions of this Act, the lien of the State of South , ],.„ of state

Carolina upon the estate, proi)er(y and funds of the said Blue Riilixe "'!"" l'"V.i''*"
' ' 1 1 J fH tiito of nine

Railroad Company, in this State, and of the other associatetl com- '^!"'*-''," ''• 'V
' • ' ' (1 1 8 I'll a r>;<>il

panics in the States of Georgia, North Carnlina ami Tenlle^see, as ni»»i i^'iuasoa.
secured by the provisions of an Act entitled "An Act to authori/o
addiiional aid to the Blue Ridge Railroad Company, in Snuih Caro-
ls

82 stati:tk.s at large

A. D. 1872. liiiii," passed on the fifteenth day of f-^epteniher, Anno Domini one
'^ '~ thousand eiglit hundred and sixty-eight, and all other claims or liens
whieij are held by the State against said eonipany or conipauies, on
account of said guaranty, shall, from thenceforth, be forever dis-
charged and released ; and should the said company be unable, from
any cause, to deliver all of said bonds, such liens shall be discharged
and released to an extent which shall be proportional to the amount
of such bonds actually delivered.

Sec. 8. That, if the said company shall accept the provisions of
this Act, it shall be authorized, if the Board of Directors may de-
its nJine.'*"^^ sire, to change the corporate name of the company to that of the
" Knoxville and Qouth Carolina Railroad Company," and shall
have power to extend its railroad, or to construct branches thereof,
to any p<jints or places in this State, with all the powers and privi-
leges with which the said company is now vested by the provisions

Power to is- of its charter ; and the said company shall also have power to issue
sue bonds. ' i .^ i

bonds, and to secure the same by a mortgage, to such amount, and
in such manner as the Board of Directors mav direct. And all
sales of stock in the said Blue Ridge Railroad Company, in South
Paie'sofcer- Carolina, and its associate companies, formerly held by the State
couflrmed. and sold by the Commissioners of the Sinking Fund, be, and they
are he|*eby, conRrmed.

Sec. d. That if any person shall forge or counterfeit the Treasury
Scrip hereby authorized to be issued, or shall, directly or indirectly,
r-enaity for ^^^^ ^r assist iu the forging or counterfeiting of such scrij), or shall
acify"^ ^^"^ issue, or in any manner use any such, forged or counterfeited, he
shall, on conviction thereof, be fined in the discretion of the Court,
and shall be imprisoned iu the Penitentiary for a term not exceed-
ing teu years.

In tue House of Representatives,

Columbia, S. C, March 2, 1872.
On the question " Shall this Act become a law, the objections of
His Excellency the Governor to the contrary notwithstanding?" the
yeas and nays were ordered, pursuant to provisions of the Con-
stitution, resulting: Yeas, 84; nays, 18; and ordered to be sent to
the Senate.

By order :
(Signed) A. O. JONES, C. H. R.

OF SOUTH CAROLINA. 83

In thio Senati:, Columbia, S. C, March 2, 1872. ■^- ^'- ■^■^■
On the question " Sliall this Act pass and become a hiw, the
ohjection.s of His Excellency the Governor to the contrary notwith-
standing?" the yea.s and nays were ordered, pursuant to provisions
of the Constitution, (Art. Ill, Sec. 22,) the Act passed, ijy a viva voce
vote of: Yeas, 22; uays, 6; and ordered to be returned to the
House of Kepresentatives.
IJy order:
(Signed) J. WOODRUFF, Clerk of Senate.

AN ACT TO Incorporate the Village of Smithville,

Christ Church Parish, S. C. ^^- ^'^'

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, That, from and
after the passage of this Act, the village of Smithville be, and the
same is hereby, incorporated ; and all the privileges, rights and RiRiits an<i
immunities granted l)y an Act to incor])orate the town of Florence, cimiterof kio-
South Carolina, l)e, and the same are hereby, vested in the * said ferred ui on
village; and that the lirst election, under this Act, to be held on Smithvuie.
the first jMon<lay in April, 1873, the Clerk of Court for Charleston
County do appoint Managers to conduct the same, by giving the
proper time and notice thereof.

Sec. 2. That A. Smith, Wm. Murrill and David Dial be, and ^ . ,

' , _ _ ' Commission-

are hereby, appointed Commissioners to fix the boundary of said cs-

village ; said boundary to extend one mile in every direction from Limits of

the fork of the Georgetown and [Melton Road.

Approved March 4, 1872.

AN ACT to Amend the Chakteu of the Town of Or- No. (i

ANGEBURO.

84 STATUTES AT LARGE

A. D. 1872. become nece^-sary for a uew street or road to be opened within the

^ ~ incorporate limits of the said town, it shall be, and is hereby, made

the duty of the Town Council of said town to have a Board of Ap-

^rais*ni— ^" praisers api)()intcd, to value the datnage sustained by the owner or

tiieir appoint- owners of lands throuy;h which said street or road is to pa.ss, said

ment, powers ^ '

and duties. Appraisers' Board to consist of three members, to be app<jinted as

follows: One by the Intendant of the town, one by the (»wuer or
owners of the lands, and one by the Chairman of the Board of
County Commissioners ; and any damage caused by the running of
said road or street to the owners of the laniJs shall be appraised by the
CoiintyTrea- '^'^^^^ Board, and the County Treasurer shall, upon their joint war-
sum^ aiiprais^ ''''"^' I'^y "^^*' ^^^^ ^"'^' ^^ ™^y ^^ appraised, out of any funds in hia
***• hands to the credit of the County.

Approved March 4, 1872.

No. 68. AN ACT to Charter the Walhalla Female College.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of tlie State of South Carolina, now met and sitting in Gen-
eral'Assembly, and by the authority of the same, That Dr. Thos.
Corporators. S. Waring, J. W. Stribling, J. A. Beard, C. E. Watson, Dr. A. E.
N<jrman, Rev. B. Holden, Wesley Pitchford, Rev J. P. Smcltzer,
J. J. Norton, W. C. Keith, J. II. Wliitner, H. S. Van Deviere, S.
P. Dendy, R. A. Thompson, J. P. Mickler, G. M. Yarborough, and
their successors in office, bo, and are hereby, created and constituted
a body politic and corporate, by the name and style of "The Trus-
^ Corporate tees of the Walhalla Female College," for the purpose of organiz-
ing, establishing, governing and conducting a seminary of learning
in the town of Walhalla, in the State of South Carolina; and that
the said body politic and corporate, by the said name of " The
Trustees of the Walhalla Female College," shall be capable and
liable in law and equity to sue and be sued, to plead and be im-

Powers and pleaded, to use a common si'al, and to make all such by-laws and
privileges. i .i , j .• .i i .•

rules as they may deem necessary and proper lor the regulation,

government and conduct of said seminary of learning, except as is

hereinafter ]>rovided li»r: Provided, That sai'l l)y-laws and rules be

not repugnant to the Cjiistitution and laws of this State, or of the

United States.

Trustees— ^^^' ^ That the said Board of Trustees shall hold their office

and dutieT*^^' ^^^ ^^® term of twenty years, and shall be authorized to appoint

such officers as they may think necessary and proper for the orgaui-

OF SOUTH CAROLINA. 85

zatioii and jroverniiR'nt of their own l)0(ly. And s-liould any vacancy ^ ^ '^'■-•
occur in the Board, by death, resignation or otherwise, the said
]5oard shall have i)ower to till said vacancy.

Six;, '.i. That the said Tru.-^tees and their successors shall have and
liold all the estate, property and funds now belonging to said col-
lege, and all property, funds, money, donations, legacies and devises
which may hereafter be granted, conveyed, bequeathed, devised, or
given to said college, in trust, nevertheless, for the use and benefit of
said college.

Si:c. 4. That the present President, Dr. Tlios. S. Waring, shall
hold his office during the pleasure of the Board of Trustees, and Appoint,
shall have full power to appoint all Professors, Tutors and Instructors feasors,
of and in said college, and to remove the same at pleasure, and to
exercise such general control and supervision over the Instructors,
affairs and government of said college as he may deem advisable,
subject to the a{)proval of the Board of Trustees.

Sec. 5. That the said President shall have power and authority

n 1 1 1 T • ■ 1 T J 1 Conferring

to conier and award such distnjction, honors, licenses ana degrees as of degrees,&c.
are usually conferred by similar colleges of the United States.

Sec. 6. That this Act shall be deemed and taken to be a public
Act, and to continue in force until repealed.

Approved March 4, 18

AN ACT TO Incorporate the Providext Land and Real j^q 69
Estate CoMrAXY, of Charleston, South CAROLtXA.

Section 1. Be it enacted by the Senate and Hcnise of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assemltly, and by the authority of the same, That Benjamin corporators.
H. Hoyt, Thomas A. Davis, Aaron Logan, N. T. Spencer, W. R.
Jervay, S. E. Gaillard, Isaac Reed, H. W. Thompson, P. P. Hedges
and B. A. Bosemon, Jr., and their associates and successors, are
hereby made and created a body politic and corporate, under the
name and style of " The Provident Land and Real Estate Com- nanJ?"'""^^
pany, of Charleston, South Carolina."

Sec. 2. And said corporation shall have power to make by-laws,
not repugnant to the laws of the land ; and shall have succession prmu^^s*"'*
of otiicers and members according to their elections ; and to keep
and use a common seal, the same to alter at will ; to sue and be
sued in any Court in this State; to have and enjoy every right,
power and pi ivilege incident to such corporation ; and it is hereby

86 STATUTES AT LARGE

A. D. iS7a. cmi)ouc're(l to acquire, retain ami enjoy all sut-h property, real and
})ersonal, as may l)e <;iven or lieciueathed to or piircliased by it, and
to sell, convey or mortf^age the same, or any part thereof, at will.
Sec. 3. That said corporation may, from time to time, invest

Investment their moneys, assets, or any j)roperly which it may acquire, in such
real and personal property, bonds, stocks, or in sureties, in such
sums, and on such terms and conditions, as it may deem proper ;
aud to execute bonds, &c., under its corporate seal : Provided, That
the maxinumi value of all property held and owned by said corpo-
ration shall not exceed twenty-five thousand (2'>,000) dollars.
Sec. 4. This Act to continue in force until repealed.

Approved March 4, 1872.

of fiinils.

Ko. 70. AN ACT TO Incokpokate the "Willtowx National Guards,

OF Colleton County.

Section 1. JBe it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in
General Assembly, and by tlie authority of the same. That Benja-
corporators. mJu Rivers, Major Solomon aud Chisholra Ford, under the name
Title. ^""i style of the "Willtown National Guards, of Colleton County,

they and their successors and associates in office, be, and they are
hereby, incorporated, and made and declared a body politic and
corporate, in deed and in law, and, as such body politic, shall have
Powers anrt P^^^'^r to use and keep a common seal, tlie same at will to alter; to
privileges. make all necessary by-laws, not repugnant to the laws of the land,
and to have succession of officers and members, conformable to such
by-laws; to sue and be sued, plead and be impli'aded, in any Court
of competent jurisdiction in this State; and to have, use and enjoy
all other rights, and be subject to all other liabilities, incident to
bodies' corporate.

Sec. 2. This Act shall be deemed and taken to be a public Act,
and shall continue in force until repealed.

Approved iNIarch 4, 1872.

OF SOUTH CAROLINA.
t
AN ACT TO MAKK ArrROiMUATioNS FOR TiiK I'aymknt of Tin:
Pfk Diem of the Members of the Uenerae Ahsemuly and
Sai-aries of the Si'hordinate Officers and Ivmfi.oyees,

AND other ExrENHES INCIDENTAL THERETO.

Sf.ction 1. lie it enncifd by tho Senate and House of Reprcsen-
lulivi's of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the sanje. That, for the
jiayraeut of the per diem of the members of the General Assembly
and the salaries of the sul)ordinate officers and employees, Amo»int ap-
tlie sum of one hundred thousand dollars, if so mvioh be necessary, P'°i" ^^^' •
be, and the same is hereby, appropriated out of any funds in the
Treasury not otherwise appropriated.

Sioc. 2. That the Clerks of the Senate and House of Representa-
tives be, and they are hereby, authorized and directed to furnish p^^ certifl-
each member of their respective bodies a pay certificate for the ^^^^'^ ^^ ™''™"
amount of the per diem, to include such dates^ as the General As-
sembly shall, by concurrent resolution, direct.

Sec. 3. That such certificates shall conform to the provisions of
Section 23, Article II, of the Constitution of the State, and shall be Bywiiom cer-

tiflefl iijiU at-

certified by the President of the Senate, and attested by the Clerk tested,
of the Senate, for all members of that body, and by the Speaker of
the House of Representatives, and by the Clerk of the same, for all
members of that body.

Sec. 4. That the subordinate officers and employees of the Gene-
ral Assembly shall, in like manner, be furnished with pay certifi-
cates, in such amounts as shall be fixed by that branch of the Gene-
ral Assembly to which such officers and employees shall, respec- p^y of sub-
tively, belong : Provided, however, That the pay certificates for o^'^''"'^''*^^-
services rendered, common to the two Houses, shall be signed by
the Presi<lent of the Senate, and countersigned by the Speaker of
the House of Representatives.

Sicc. 5. That the Treasurer is hereby authorized and directed to Ti-eas^nrer to
pay the said certificates at his counter, out of any funds in the ea'tos ?a his
Treasury not otherwise dis])osed of, prior to any other claim or ^■<'""^^''-
claims whatsoever, and to hold the certificates as his vouchi'rs there-
for; and he is also authorized and reijuired to retain in the Trea-
sury all moneys from incoming taxes, subject to the demands of
such orders or certificates ; and, should there be a deliciency of
funds in the State Treasury, whereby tho payment of said certiti- iznr u> iior-
cates t-annot be made, the State Treasurer is hereby authorized and i.',"^ 'iv,"*'his
ilirected to borrow whatever amount of money is nece.<5sary to pay th.'.'aame" ^°^
the said certificates, and to give his obligation, as State Treasurer,
for the same, and such obligation shall be good and binding on the
State, and shall he paid out of any moneys in the Treasury received

88 STATUTES AT LARGE

A. D. 187.>. froiii taxes or from other sources: I'rocldcd, fiirthrr, That no part

of siiitl inoueys shall be used for payment of any claims issued prior

to November 2H, 1871.

Deflcioncy Six. (i. That, for the purpose of meeting the deficiencies in tlie
appropriation » • i ^. ... ,. , , . „ ,«-,/% i -...-i

legislative appropriations for the regular session of 1870 and 18( 1,

such (leHei«ncie.s, consisting of unpaid r-ertifieates for the per diem

and mileage of members and attachee.^ of the General A.ssembly,

the sum of one hundred and thirty thousand dollars be, and the

same i.s hereby, appropriated out of any moneys in the Treasury

not otherwise appropriated: Provided, That no obligation of the

Treasurer shall be given, and no payment made, exceeding the

amount named in the fir.'^t and sixth Sections of this Act.

Approved March 4, 1872.

jNo. i2. ^j^ ACT TO Incorporate the Mount Zion M. E. Ciiui:cii,

OF KiNGSTREE, S. C.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in General
Assembly, and by the authority of the same, That the Mount Zion
M. E. Church, of Kiugstr^, South Carolina, is hereby incorporated,
with all the rights and privileges awarded to religious deuomina-
tions in this State.

„. , , Sec. 2. That the said church may acquire property, real or p< t-

Riffhts and . . ~i r i j ' i

privileges. soual, for religious and educational purposes, and may dispose,
regulate and govern the same as they may deem proper, in accord-
ance with their laws and disciijliue ; such laws not being repugnant
to the laws of the land.

Sec. 3. This Act shall be deemed a public Act, and shall con-
tinue in force until repealed.

Approved IMarch 4, 1872.

No. 73. AN ACT to IxcoRrouATE the Spartanburg Female Col-
lege.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and .sitting in Gene-
ral Assembly, and by the authority of the same. That Samuel B.

OF SOUTH CAROLINA. 89

Jniu's, riTsidciit of S|i:iiliiiil)iir'!: I'V'tii.ile (!<)llepe, with his a.«so- a. d. 187-2.
( iaic-i and successors, l)t', and arc hi'ri'l)y, dcchircd a hody jiolitic
and corixjrate, by the name and style of" tlur " S]tartanl)nr{^ Fcnialt,' Corjiorat
College," located in the town of Sjtaitanhur;^:, Sontli Carolina.

8iX!. 2. That the sai<l corporation shall iiave power, in its corpo-
rate name, to sue and be sued, plead and be impleaded, in any
Court of" law in this State; to ])ur(diase and hold real and personal
estate ; to have a seal, and to make all such by-laws for the govern-
ment of said corporation as may be deemed necessary, not incon-
sistent w^ith the laws of the State.

SiiC. 3. That the said corporation shall have power to elect pro- „ ,

feasors for said college; to fill all vacancies as may occur among election of.

them ; and to remove them at discretion ; to prescribe a course of

study to be pursued bv the students; to confer decrrees and award
,. , " '. . . , Course of

diplomas, and such other honorary distinctions to graduates as are study, &c.

common in the colleges of similar grade in the United States.

Sec. 4. That the private as well as the corporate property of the Liability of

1 11 1 1- 1 1 /•■ 11 1 1 1 /• 1 II corporators.

corporators shall be liable for all debts contracted for the college
liy ils r.uthorized agents.

Si:c. 5. That the said corj)oration shall have power to take and Powrr to
hold, by donation, bequest or purchase, real and personal property, pose of prop-
for the use of said college, to any amount not exceeding thirty ^^ *"
thousand dollars.

Sec. 6. That this Act shall continue in force until repealed.

Approved March 4, 1872.

AX ACT TO RE-ciiAi:Ti:r. the Town of Frog Level. Ko. 74.

Section 1. Be It enacted by the Senate and House of llepresen-
tatives of the State of South Carolina, now met and sitting in Gen-
( ral Assembly, and by the authority of the same, That the persons Corporatora.
residin^j; within the area of a scpiare, each side whereof is one (1)
mile, and the centre whereof is the public well, in the town of
Frog Level, County of Newberry, are hereby created a body cor- '^or,unlPi"'?f'^
porate, under the name of the town of Frog Level, with the officers f/.prl'.V"^nK)i\
the same in number, and having the same powers and privileges, t«"OB Level,
and subject, in every respect, to the iirovisimisof the charter granted
to the town of ^fanning, by an Act apjuoved the ninth day of
March, A. D. lf<71.

A. P. ISTv!

STATUTES AT LARGE

Sec. 2. That this Act shall he taken and deemed a puhlic Act in
all Courts of ju.*=tice, and shall continue in force until altered,
araendcd or repealed.

Sec. 3. That all Acts and parts of Act- inconsistent with this
Act be, and the same are hereby, repealed.

Approved March 4, 1872.

Officers.

Xo. 75. AX ACT to Grant, Renew and Amend the Charter of the
Village of Rock Hill, in the County of York.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly and by the authority of the same, That, from and
Corporators, after the passage of this Act, all citizens of this State, having resi-
ded twelve months within the State, and sixty days in the village of
Rock Hill, shall be deemed, and are hereby declared to be, a body
politic and corporate, and the said village shall be called and known
bv the name of Rock Hill, and its corporate limits shall extend

Corporate Qyer an area of a square, each .side whereof is one mile, and the
limits. ,

centre whereof is " Gordon's Hotel."

Sec 2. That the said village shall be governed by an Intcndant
and four Wardens, who shall be citizens of the United States, and
who shall have resided in this State twelve months, and shall
have been residents of the said village sixty days immediately pre-
ceding their election, and who shall be elected on the second Mon-
day of January, 1873, and on the same day in each year thereafter,
ten days' public notice thereof being previously given ; and that all
male inhabitants of the age of twenty-one years, citizens of the
State, and who shall have resided within the State twelve nmnths,
and in the said village sixty days immediately preceding their elec-
tion, shall be entitled to vote for said Intcndant and Wardens, pau-
pers and persons under disabilities for crime excepted.

Sec 3. The said election shall be held at some convenient public
place in the said village, from 10 o'clock in the morning until 4
o'clock in the afternoon, ami, when the polls shall be closed, the
Managers shall forthwith count the votes, and declare the election ;
and give notice thereof, in writing, to the Intcndant therein being,
who shall, within two days thereafter, give notice, or cause the same
to be given, to the persons duly elected. The Intcndant and War-
dens, before entering upon the duties of their office, shall, respec-
tively, take the oath prescribed by the Constitution of the State,

Electors.

Llection.

OF SOUTH CAROLINA. 91

ami also the fulldwiiifj: oath, to wit : "Ah Intcii<lant (or Warden) A.D.IS72.
of the village of R»)t'k Hill, I will (Mjnally ami itii|mrtially, to the
lH'.*t oi" my ability, exercise the trust rt'j)osc(l in nie, and will use my j,!'"'"' "^ "^'
best endeavors to preserve the peace, and carry into effect, accord-
injr to law, the purposes for which I liave been elected : 80 help me
(rod.'' And if any person, upon being elected Intcndant or War-
den, shall refuse to act as such, he shall forfeit an<l pay to the
Council the sum of twenty dollars for the use of the said village:
Provided, That no person who has attained the age of sixty years
shall be cora{)elIed to serve in either of said offices ; nor shall any
other person be compelled to serve, either as an Inteudant or War-
den, more than one year in any term of three years. The Inteud-
ant and Wardens, for the time being, shall always appoint one or
more Boards of Manatrers, (three Managers for each Board,) to Managers,
conduct the election, who, before they open the polls, shall take an
oath fairly and impartially to conduct the same.

Skc. 4. That, in case a vacancy shall occur in the office of ^n-
tendant, or any of the Wardens, by death, resignation, removal, or ^^C'^^^^^^^-
otherwise, an election to fill such vacancy shall be held by order of
the Intendant and Wardens, or a majority of the same, ten days'
public notice being previously given ; and in case of sickness or
temporary absence of the Intendant, the Wardens, forming the
Council, shall be empowered to elect one of the number to act as
Intendant during the time.

Sec. 5. That the Intendant and Wardens, duly elected and quali- judicial
fied, shall, during their term of office, severally and respectively, 'P'^^'^^'^-
be vested with all tlie powers of Trial Justices, (or Justices of the
Peace, as the case may be,) in this State, within the limits of said
village, except for the trial of small and mean cases; and the In-
tendant shall and may, as often as is necessary, summon the War-
dens to meet in Council, any three of whom, with the Intendant, Ri<rht9 and
shall constitute a quorum to transact business; and they shall be ^'^''^''*''*^"
known as tha Town Council of Rx-k Hdl; and they and their suc-
cessors in offi-e, heroai'ter to be elected, may have a common seal,
which shall be affixed to all of their ordinances; may sue and be
sued, plead and be impleaded in any Court of Justice in this State;
and purchase, hold, possess and enjoy to them, in perjietuity, or for
any term of years, any estate, real or personal, or mixed, and sell,
alien or convey the same : Provided, The same shall not exceed, at
any one time, the f-um of ten thousand dollars; and the said Town
Council shall have authority to aj)point, from time to time, as they
may see fit, such and so many proper persons to act as Marshals or
Constables of said village, as saiil Council may deem necessary and
expedient for the preservation of the peace, good order and ])olice

92 STATUTES AT LARGE

A. D.ii?r>. tliercof, which persons, so appointcfl, sliall, witliin the corporate
'^ limits of said vilhige, have the power aud privileges, and be subject

to all the oltligatioMs, penalties and regulations providecl hy law for
the ottice of Constable ; and shall he liable to be rein<jved at the
thc^^lmwcrs pl«asure of said Town Council ; and the said Town Council shall
aniiautie^i. Imvc power to establish, or authnrize the establishment of, a market
Police re 'u- '''^'^^^ in said village; also, to authorize the e>lal)li!?hment of a guard
latioiis. house, aud to prescribe suitable rules and regulations for keeping

and governing the same ; aud the said Town Council, or the said
Intendant and Wardens, in person, any one or more of them, may
authorize aud require any Marshal of the town, or any Constable
especially appointed for that purpose, to arrest and commit to the
said guard house, for a term not exceeding twenty-four hours, any
person or pci"sons who, within the cor})orate limits of said town,
may be engaged in any breach of the peace, riotous or disorderly
conduct, open obscenity, public drunkenness, or any conduct grossly
indecent or dangerous to the citizens of said town, or any of them ;
and it shall be the duty of the Town Marshal or Constable to arrest
and commit all such offenders, when required to do so; and who
shall have jiower to call to their assistance the poase comitatna, if
need be, to aid in making such arrests; and upon the failure of
such officers to perform such duty as required, they shall, severally,
be subject to such fines and penalties as the Town Council may im-
pose upon them; and all j)ersons so im2)risoued shall pay the costs
and expenses incident to their imprisonment, which said costs and
expenses shall be collected in the same manner a.s is provided for
the collection of fines imposed for the violation of ordinances, rules,
and regulations : Provided, That such imprisonment shall not ex-
empt the party from the payment of any fine the Council may
impose for the offense which he, she or they may have committed ;
and the said Town Council shall have full power aud authority,
under their corporate seal, to make all such rules and regulations,
by-laws and ordinances, respecting the streets, roads and business
thereof, as well as the j)olice system of the said town, as shall appear
to them necessary and proper for the security, welfare and conve-
nience of the inhabitants of said town, aud for preserving health,
order and good government within the said town ; and the said
Town Council may impose fines for offenses against their by-laws,
rules, regulations and ordinances, and ai)propriate the same to the
Attendance public use of said town ; and the said Town Council shall have the
same power that Trial Justices or Justices of the Peace now have,
or may hereafter have, to compel the attendance of witnesses, and
requiring them to give evidence upon the trial before them of any
^^^^- person or persons for a violation of any of their ordinances, by-laws,

OF FOUTir CAROLINA. 93

rules or rf^riilatioiis ; hut no fine :il)i)ve the sum of twenty-five flol- a. T>. i»7-2.
lars shall he collected hy fa'ul Council, except hy suit in the proper ^ '-

Courts of justice in tins State, and, also, that notliing herein eon-
taiiiecl shall authorize said Council to make any ordinance or by-
law inconsistent with or repugnant t«) the laws of the State.

Sec. 6. That said Inteudant and Wardens, or a majority of
them, shall have ])o\ver to ahate and remove all nuisances in said Xuisuneea.
town ; and it shall he their duty to keep all roads, ways, bridges
and streets within the corporate limits of said town open and in
good repair, and for that purpose they arc invested with all the
])owers of County Commissioners, for and within the corporate
limits of the said town ; and they may lay out new streets, close up, „
alter or widen those now in use ; and shall have full power to clas-
sify and arrange the inhabitants or citizens of said town liable to
street, road or public duty therein, and to force the performance of street dnty
such duty, under such penalties as are now, or shall hereafter be,
prescribed by law ; and they shall have power to compound with all
persons liable to work the streets, ways and roads in said town, upon
such terms as their ordinances or by-laws may establish, or their
rules and regulations may require ; the money so received to be ap-
plied to the j)ul)lic use of said town; and all persons refusing to
labor, or failing to pay such commutation, shall be liable to such
fine, not exceeding ten dollars for any one year, as the said Town
Council may impose ; and they shall have the pover to enforce the
payment of such fine in the same manner as is now, or may be here-
after, ])rovidcd for the collection of County taxes. And the said
Town Council shall have power, with the consent of the adjacent
land owners, to close all such roads, streets and ways, within the
sail town, as they may deem necessary, by the sale of the freehold
therein, either at private or public sale, as they may adjudge best
for the interest of the said town ; and they shall keej» in re})air all
such new streets, roads and ways as they may, from time to time,
deem necessary for the improvement and convenience of said town :
I^ovided, That no street, road or way shall be opened without first
having obtained the consent of the land owner or owners thereof,
through whose premises any such new street, road or way may
pass.

Skc. 7. The said Town Council may have jiower and authority to
reiiuire all persons owning a lot or lots in said town to close in, and
to make and keep in good repair sidewalks in front of said lot or Si«iewaiks.
lots, whenever the same shall front or ailjoin any public street .if
said town, if, in the judgment of the Council, suth sidewilk shall
be necessary, the width thereof, and the manner of construction, to
be designated and regulated by the said Town Council : and, for de-

94 STATUTES AT LARGE

A. D. isTi. fjiult or rofusal, after reasonable notice, to make and keep in good
^ '~ repair such sidewalks, and to close such lot.«, the Town Council may
cause the same to be made or put in re])air, and require the owner
to pay the price of making or repairing; and the said Town Coun-
cil are hereby empowered to sue for and recover the same by action
of debt in any Court of competent jurisdiction : Provided, That such
contract for making and repairing is let to the lowest bidder. The
cemeteries and public grave yards are also placed under the juris-
diction of the said Town Council.

8i:c. 8. The Intendunt and Wardens of the said town, or a ma-
Licenses, joi'ity of them, shall have full power to grant or refuse license to
keep taverns or to retail spirituous liquors within the corporate
limits of the said town, upon such conditions, and under such cir-
cumstances, as to them shall seem proper and right: J'roildcd,
That in no instance shall the price of a license to keep a tavern or
to retail spirituous liquors be less than the amount that is estab-
lished by the State; and all moneys paid for licenses and for fines
and forfeitures shall be appropriated for the public use of the said
town : Provided, That the Inteudant and Wardens, duly elected,
shall not have power to grant any license to keep tavern or to re-
tail spirituous liquors to extend beyond the term for which they
have been elected. They shall have power to regulate sales at auc-
saiesatauc- tion within the corporate limits of said town, and to grant licenses
to auctioneers, itinerant traders, to keepers of hotels and livery
stables, and to levy a tax on all drays, carts, wagons, carriages, om-
nibuses, buggies, horses, mares or mules, kept for hire or used for
public purpos&s in said town ; and they shall have the full and
Exhibitions ^^h' W^'^^'^^ to impose a tax on all shows or exhibitions, for gain or
reward, within the corporate limits of the said town. They shall
have the power to impose a tax, not exceeding twenty cents on every
hundred dollars of the value of all real and personal property lying
within the corporate limitsof the town, real and personal property of
churches and school and college associations excepted. That an <»rdi-

Annuai tax nance declaring the rates of the annual taxation uiion j^ropertv and
aii(>n- . , , 1 11 1 II- 1 ' 1

Other subjects of annual taxation lor the year, shall be published at

least three weeks, during the month of January in each year:
Provided, That the said Town Council shall have power to levy a
tax for this year, under the same rule as is above stated, immedi-
ately after the passage of this Act ; and that all persons liable to
taxation under the same shall make oath of their taxable property
within said town, and make payment of their taxes to the Clerk or
Treasurer of said corporation, or such other person as they may
be ordered or required to do, during the succeeding month after
publication ; and, upon the failure to make such return and payment

OF SOUTH CAROLINA.

jis n'<|niri(], tlio pjirtit-s so in dofaiilt slial! lu- siiliject to tlie penal-
tics providctl 1)}' law for failure to pay tlu; ;:t'nt'ral .State and County
tax, to be enforced by the orders of the Intendanl ami Wardens,
or a majority of them, for the use of the said town, cxeept in such
cases that executions to enlbrce the payment of such taxes shall
he issued under the seal of the corporation, and may be directed to
(ho Town ^Marshal, or other person a[)pointed by the Town Council,
to levy, collect an<l receive the same, with costs, as in such cases
made and provided by law : and all property upon which such tax
shall be levied and assessed is hereby declared and made liable lor
])ayment thereof, in preference to all other debts, except debts due to
the State, which shall be first paid ; and that all other taxes im-
posed by the Inteudaut and Wardens, or a majority of them, shall
be liable for the same, as iu manner and form just before stated.

Skc. 9. The Intcndant and Wardens elect, together with Clerk
and Treasurer, shall, during their term of office, be exempt from
street and police duty. Each Town Council shall, within one
month after the expiration of their term of office, make out and
return to their successors in office a full account of their receipts
and expenditures during their term, which account shall be pub-
lished in one or more papers of the town, and shall pay over all
moneys in their possession belonging to the corporation, and de-
liver up all l)ooks, records and other papers incident to their office to
their successors; and on failure to do so they shall be liable to be
fined in a sum not exceeding five hundred dollars, to be collected
by any proper action of the Town Council.

Sev. 10. That all ordinances or by-laws passed by the Town
Council of Hock Hill shall be binding upon the citizens of siiid
town, the same a.s the laws of the State.

Sec. 11. All Acts or parts of Acts inconsistent or supplied bv
this Act be, and the same are hereby, repealed.

Sec. 12. This Act shall be deemed a public Act, and continue in
force for the term of fourteen years, and until the end of the
Legislature thereafter.

Approved Marcii 4, 1872.

A. D. IHTi.

Executions.

Final settle-
ment.

AX ACT AuTnoRiztNG the Towx Council of the Town of
Newueruy to Ekect a Mahket House on a Lot ok Land
Belonoing to the County of Newbekuy.

lie It enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assemblv,

No. 76.

116

STATUTES AT LARGE

A. .D 1S72.

Market
housu.

and l)y the authority of the eaine, That the Town Council of the
town of Newherrv are hereby authorized and empowered to erect a
Market House in said town, ujton a lot of land which i.s partly
attached to and lyinj^ near the public square in said tc)vvn, and be-
longing to the County of Newberry ; which lot shall be given for
such purpose to said Town Council, and their successors in office,
free of rent or charge. And said Town ( 'ouncil, and their succes-
sors in office, shall have power and authority to remove such Mar-
ket House whenever, in their opinion, the same may be deemed
necessary and expedient.

Approved March 4, 1872.

No. 77. AN ACT to amexd an Act entitled " An Act to Estab-
lish Quarantine at Georgetown, Charleston asd Hil-
ton Head."

Repealing
clausL-.

Anchorage —
whcr • lofatcd
and liow Ue-
signated.

Qnar.-intine

s^atlfiii OS H'l-

lislUMl ; t St

Helena Sound

Health Otli-
cer.

Penaltv for
transportlnfj

pprson.saf
fe-ted with

cnnf Hfiioin
diS(>a&(! lo any
city or town.

Section 1. Beit enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Asi-embly, and by the authoiity of the same. That s-o much of
Section 1 of an Act entitled " An Act to estal)lish quarantine at
Georgetown, Charleston and Hilton Head," approved the 26th day
of September, A. D. 1.S68, as provides that the anchorage ground
for vessels in quarantine, Port of Hilton Head, shall be where it
has heretofore been, is hereby repealed.

Sec. 2. That said anchorage shall be, and the same is hereby,
located at some p^int on the north side of Pairis Island, to be de-
signated by buoys, anchored under the direction of the Health
Officers of that port.

Si:c. 3. That a quarantine station shall be established at Saint
Helena Sound, (covering the sound and aujaceut rivers,) with an-
chorage ground for vessels where it has heretofore been, and that a
Health Officer for said station shall be appointed by the Governor,
who s^all hold his office for a term of two years, unless sooner re-
moved, with the same compensation now alloweil the Health
Officers of Georgetown and Hilton Head.

Sec. 4. If any person or persons employed upon any vessel, rail-
road, express, or other conveyance, shall receive and convey any
person affiicted with any contagious or infectious disease, or shall
receive and transport any dead body to any of the cities or towns
located upon the coast of this State, without permission from the
Health Officer of the nort of Charleston, between the first dav of

OF SOUTH CAROLINA.

April anrl tlic first <lay of Defeinher, such person or persons glial!
be doenicd guilty of a niitfdenieanor ; and, upon conviction, shall
bo punished by a fine not exceeding one thousand dollars, or im-
prisonment for a term not cxcecdintr one year.

Sicc. 5. All pi'rmit.s issued by Health Officer shall beat the ex- Permits— at
' •' , wlioee ex-

pense of the vessel or conveyance to which such permits may be pt-'use.

issued, and shall be collected by the Health Officer iseuinj,' the

same.

Sec. (). That so much of Section 29 as requires the Health

Officers of Georgetown and Hilton Head to report their doings to Health offl

the Governor, at the end of each month, is hereby repealed ; and

that the said officers, together with any and all other Health

Officers who may be appointed subsequent to the passage of this

Act, shall report the same, at the end of each month, to the Health

Officer of the port of Charleston, whose duty it shall be to forward

a consolidated report of the doings of such officers to the Governor

of the State monthly and the Legislature annually.

Approved March 4, 1872.

AN ACT TO Amend an Act entitled " An Act to Extend No. 78.
THE Limits of the Town of Camden."

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, Thirt an Act en-
titled " An Act to extend the limits of the town of Camden,"
approved March 9, 1871, be, and the same is hereby, amended by
striking out Section 1, and substituting the following :

"That the limits of the town of Camden be, and the same are Limits nt
hereby, extended as follows, to wit: The western boundary shall e?u "
'onimeuce at the junction of Wylie street with Mulberry street, and

lall extend northward, along the line of said Wylie street, thrce-
lourtlis of a mile beyond the present terminus of said street, and
from this jxjint the northern boundary shall extend in an eastern
direction until it intersects Horse Branch, and thence, by course of
said stream, to the point where it empties into Little Pine Tree
Creek, and by the course of said creek, in a southern direction, to
the confluence of said creek into Pine Tree Creek, and tlinice, by
the course of the last named creek, to a point opposite Mulljcrry
street, thence westward until it reaches said street, aiul continue
along the line of said street to its junction with Wylie street."
7

98 STATUTES AT LARGE

A. D. 187:. f^Kc. 2. That the Inteinhuit and Wurdt-ns of the town of Camden
I t ^iii t ^^^^ hereby required to jiroceed, iiniucdiutely upon tlie pa.«sage of
and waiiieiis this Act, to (lesijjnate, by proper murks and monuments, the boun-
bouiuiiiries. daries hereinbeftire autht)rized.

Si-X'. 3. That all Acts or j)arts of Acts inconsistent with the pro-
visions of this Act be, and the same are hereby, repealed. '

Approved I\Iarch 4, '[>i72.

Officers
town.

No. 79. AN ACT to Incorporate the Towx of Mullixs, in Ma-
rion County, State of South Carolina.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting iu
Corporators. General Assembly, and by the authority of the .same, That from
and after the passage of this Act, all citizens of this State, having
resided sixty days in the town of Mullins, shall be deemed, and are
hereby declared to be, a body politic and corporate, and the said

Corporate town shall be called and known bv the name of Mullins, and its
limits. . , / . '

corporate limits shall extend half a mile north, one-quarter of a

mile east and west, and one-third of a mile south, from a stake
Avhich shall be in the centre or square of said town,
of Sec. 2. That the said town shall be governed by an Intendant
and four Wardens, who .shall be citizens of the United States, and
who shall have been residents of the said town for sixty days im-
mediately preceding their election, and who shall be elected within
thirty days after the passage of tiiis Act, and every year thereafter
on the second Monduy in January, ten days' public notice thereof
being previously given ; and that all male inhabitants of the age of
twenty-one years, citizens of the State, and who .«hall have resided
iu the said town for sixty days iramediately preceding the election,
shall be entitled to vote for said Intendant and AVarden-?.

Sec. o. That the election for Intendant and Wardens of the said
town shall be held in some convenient house, or some other conve-
nient ])ublic place, in the said town, from nine o'clock in the morn-
ing until four o'clock in the afternoon, and, when the polls shall
be closed, the j\Ianagers shall forthwith count the votes and pro-
claim the election, and give notice, in writing, to the persons elected.
The Intendant and Wardens shall ai)point three Managers to hold
the ensuing and any subsequent election. The Managers, iu each
case, shall, before they open the polls for said election, take an oath
fairly and impartially to conduct the same ; and that the Intendant

Electors.

Eleciion.

Managers
thereof.

OF SOUTH CAROLINA. 99

andWanlons, Itcforc entcrin;^ ii|miii (he dutios of tlicir rcs|ipclivf A. i). 1872.

iiflifcs, shall tukc the oath prescribed by the Coiistitiiti(»ii of thi.s

State, and, also, the lullowing oath, to wit: *' As Intendaiit (or War- fl^!„^"' "'^ °''

dei») of the town of Mullins, I will eiiuaily and impartially, to the

best of my ability, exercise the trust reposed in me, and I will use my

best endeavors to preserve the peace, and carry into effect, accord-

\u<^ to law, the purjxises for which 1 have been elected : So help me

God." The said Inteudtmt and ^Varde^s shall hold their ofKces

from the time of their election until the second ]\Ionday in January,

ensuinir, ami until their successors shall be elected and qualified.

SiX'. 4. That in case a vacancy shall occur in the office of In- , Vixoancies—
tcndant, or any of the Wardens, by death, resignation, removal or
otherwise, an election to fill such vacancy shall be held, by order of
the Intendant and AVardens, or a majority of the same, ten days'
jjublic notice being previously given ; and, in case of sickness or
temporary absence of the Intendant, the Wardens, forming the
Council, shall be empowered to elect one of the number to act as In-
tendant during the time.

Skc. "). That the Intendant and Wardens, didy elected and quali- Judiciaipow-
fied, shall, during their term of service, severally and res-pectively,
be vested with all the jurisdiction of Magistrates or Trial Jus-
tices within the limits of said town, and the Intendant shall and
may, as often as he may deem necessary, summon the Wardens to
meet in Council, any two of whom, with the Intendant, may constitute
a quorum to transact business ; and they shall be known by the name
of the Town Council of jNIulIins, and they, and tlieir successors hei'cal-
ter to be elected, may have a common seal, which shall be affixed to all
ordinances; and the said Town Ct)uncil shall have authority to ap-
point, from time to time, as they see fit, such and so many proper per-
sons to act as Marshals or Constablesof the said town as thesaid Town M:irshiii—

/-. .1 1 1 T /• 1 • . 1 tlioir ))n\vt'rs

V ouncil may deem necessary and expedient for the preservation of the anu duties.
|Hace, good order and police thereof, which persons, so appointed,
shall, within the corporate limits of said town, have the powers,
jirivileges and emoluments, and be subject to all the obligations
]>rovided by law for the oflice of Constable, and shall be liable to
removed at the pleasure of said Council; and the said Town
(.'(juiicil shall have power to establish, or authorize the establish-
ment of, the market house, as also of a guard house in said town.
And the said Town Council shall have full power and authority,
under their corpru'ate seal, to make all such rules, by-laws and or- n\\\os and
dinances, respecting the streets, roads, market house, public build- '^>-'"^*'*-
ings, and the busin<'sa thereof, and the }»olice system of said town,
as shall appear to them necessary and projjcr for security, welfare
and convenience, and for preserving health, order and good govern-

100

STATUTES AT LARGE

A. D 1S72 nient wlllun tlie same; ami the sai<l Tdwii T'ouiicil may impose
^ linos for offenses against tlieir hy-la\vs and ordinances, and appro-

priate the same to the pultlic use of said town ; and the said Town
Council shall have the same power which Magistrates or Trial Jiis-

. ^ , tiees now have to compel the attendance of witnesses, and rc(|uire

Attendance , ' . . '

of witnesses, thom to give evidence upon the trial hefore them of any pers »n for
a violation of any of their Ity-laws or ordinances; but no fine above
the sum of twenty dollars shall be collected by the Town Council,
except by suit in the Court of Common Pleas ; and all the by-laws,
rules and ordinances the said Town Council may make, shall, at all
times, be subject to revisal or repeal by the General Assembly of
this State.

Nuisiinc s. ^EC. 6. That the said Intendant and Wardens shall have full
power to abate and remove nuisances in the said town ; and it shall
also be their duty to keep all roads, ways and streets within the
corporate limits of the said town open and in good repair, and for
that purpose they are invested with all the powers heretofore granted
to Commissioners of Roads ; and shall have full power to classify
and arrange the inhabitants of said town, liable to street, road or

Road duty, other public duty therein, and to force the performance of such
duty, under such penalties as are now, or shall hereafter be, pre-
scribed bylaw: Provided, That the said Town Council may com-
pound with persons liable to perform such duty, upon such terms,
and on the payment of such sums as may be established by laws or
ordinances: And provided, aUo, That the iuhalMtants of said town
are hereby exempt from road and public duty without the corpo-
rate limits of said town.

Sec. 7. That said Town Council of ^Slullins shall have full power
and authority to require all persons owning a lot or lots in said
town to make and keep in good repair sidewalks in front of said lot
or lots, whenever the same shall front or adjoin any of the public
streets of said town, if, in the judgment of the Council, such side-
walks snail be necessary, the width thereof, and the manner of con-
struction, to be designated and regulated by the To\vn Council ;
and for default or refusal, after reasonable notice, to make and
keep in repair such sidewalks, the Town Council may cause the
same to be made or put in repair, and require the owner to pay the
price of making and repairing : Provided, That such contracts for
making or repairing be let to the lowest bidder. The cemeteries
and public graveyards are also placed under the jurisdiction of
said Town Council.

Sec. 8. That the power to grant or refuse licenses to keep tavern
or retail spirituous li(juors within the limits of the said corporation
be, and ilie same are hereby, vested in the Town Council of ^Mul-

Commutiv
tion.

Sidewalks.

Grave vanis,
&c.

Licenses.

OF SOUTH CAROLINA. 101

litis. And the siiid Council iiiiiy L;raiil liccnse.s to retail s|.ii itiious a. i). IS72.

Iii|ii()i>i tu such persons, and in such (|uantitit's, at such rates, and

n|)on such tenu.s and conditions, as the said Council may deem best

and |)rt)|ii'r: Provided, 'I'lial in no iii,-tancc shall the price oi" a I'roviso.

license to keep tavern or to ii'tail sj)iriluous li(|uors be fixed at a

less sum than is estiihlished by the Laws of the State ; and all

moneys paid for licenses, and for fines and forfeitures f r retailing;

spirituous liijuors, keeping tavern and billiard tables within the

limits without licenses, shall be appropriated to the public uses of

said town : Provided, That the Intendant and Wardens, duly

elected and qualified, shall not have power to grant any license to

keep tavern or retail spirituous liquors to extend beyond the term

for which they have been elected ; and the said Intendant and

Wardens shall have the full and only power to impose a tax on all Exhibitions.

shows or exhibitions, for gaiu or reward, within the limits.

Sec. 9. That the said Town Council of Mullins sliall have power powertoar-
to arrest and commit to jail, and to fine, not exceeding twenty dol- mTt."° *^°™"
lars, any person or persons who shall be guilty of disorderly con-
duct in said town, to the annoyance of the citizens thereof; and it
shall be the duty of the ^Marshal or Constable of the town to make
such arrest, and call to his assistance the posse comita'u.-i, if neces-
sary; and, u])o;i failure to |)erform such duty, he shall be Kned in a
sum not more than twenty dollars for each and every offense.

Sec. 10. The Town Council shall also have j^ower to impose an Annual tax-
annual tax, not exceeding twenty cents ou every hundred dollars of ation.
the assessed value of real and personal estate lying within the cor-
porate limits of said town, the real and personal estate of school
associations excepted. The said Council shall have power to en-
force the payment of all taxes levied under authoiity of this Act,
against the property and person of all defaulters, to the same extent,
and in the same manner, as is provided by law for the collection of
the general taxes, except that executions to enforce the payment of
the town taxes shall be issued under the seal of the corporation, and Exocnt ions-
directed to the Town Marshal, or other person especially apj)ointed '"^* "" "'^*'
by the Town Council to collect the same ; and all property upon
which a tax shall be levied is hereby declared and made lialde
for the jjayraent thereof, in preference to all other debts against said
property, except debts due to the State, which shall be first paid.

Ski". 11. The Clerk of the said Town Council shall, annually,
make out an as>pssmeut from tlu; books of the County Auditor or sostment.* *^
Treasurer of all real and ]icis(inal prop.'rly in the limits of said
town for taxation, and shall make n-turn of said assessment to the
Intendant and Wardens within one month from ihe time of his ap-
pointment.

1(12 STATUTES AT LARGE

A. D. i>--2. g|,-^. 22. Tliat an ordinance decliirhig the rate of annual taxation

Pihiic ion "1**^*" property, and other sulijcets ot" annual taxation H^r the year,

of nite ..f nil- shjill be i)ul)lished at leitst twice durin;' the month of Xovenihcr in

niial luxiilioii. ' _ o

each year, and the citizens of said town shall make payment of
their tax to the Clerk and Trea.surer (hereinafter constituted j of
the said corporation diirinii the succeeding month of Deeeniher.

cieriv — his Sec. 13. The Intendant and Wardens shall have power to elect
duUis. " ' or appoint a Clerk, who shall also be Treasurer, whose duty it shall
be to attend all meetings of the Council, and make a record, in a
book kept for that purpose, of all the proceedings thereof; to take
charge of all papers belonging to the Ctmncil, and to lodge with
the proper othcers all summons, executions, etc., and receive returns,
to keep a regular account of all receipts and disbursements, which
accounts shall, at all times, be accessible to the Intendant and War-
dens; and itshall be his duty to make an official semi-annual report
to the Council of the state of his accounts, at which time the doors
of the Council room shall be open to all the citizens of said town ;
and which reports shall be regularly entered in a book kept for that
purpose. He shall attend to the publication of all ordinances and
other documents ordered by Council to be published. lie shall
hold his office for such term as Council may prescribe, not, however,
exceeding one year, and shall receive such compensation for his ser-

Rcmovabie vices as Council may enact: Provided, That he may be removed
from his office at the pleasure of the said Town Council; and, before
entering upon the duties of his office, he shall give bond, 'n the
penal sum of five hundred dollars, for the faithful disdiarge of the
same.

Final settle- Sec. 14. Each Towu Council shall, within one month after the
expiration of their term of office, make out and return to their suc-
cessors a full account of their receipts and expenditures during their
term, and shall pay over all moneys in their possession belonging
to the corporation, and deliver up all books, records and papers in-
cidental to their office to their successors ; and, on failure to do so,
they shall be liable to be fined in a sura not exceeding one hundred
dollars, to be collected in any proper action by the Town Council.

Sec. 15. That said Town Council shall have power to lav out
New streets. .,..",

and arrange all streets and roads within said corporate limits, as the

public good may require : Provided, The land of no party or par-
ties shall be tiiken or appropriated for such purfjoses without com-
pensation, as now rocjuiri'd by the law for condemned lands.
T r icflo Sec. 1G. That the Town Council shall have power to levy a town

A AX loir IciA*

tax on all assessed property within the limits of said town for the

OF SOUTH CAliOLINA.

10.3

year l'S72, imniediatfly aCtcr the |)ii>?«ige of this Act, aiul proceed ^ ^ '"""-■
to collect the tax thereon the following month. ''

Apjiroved March 4, 1872.

AN ACT TO Incorporate the Charleston Joint Stock Com-
pany, OF THE State of South Carolina, for the Benefit
OF THE State Ouphan Asylum.

No. 80.

Section 1. Be it enacted hy the Senate and Huuhq of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That G. W. Coi-porators.
Kouse, A. A. Aspinwall, Robert Smalls, Joseph Brown, Thomas B.
King, John L. Little, Charles W. Sumner, David Green, Le\yi8
Wilson, Jesse Bowsher, Stephen J. Maxwell, Lucius Wimbush,
Thomas II. Biaekwell, O. R. Levy, Chapman B. Thomas, James
W. Elmore, Y. Sands, John Douglass, Benjamin Simons, James
Gregory, and such other persons as may now, or hereafter, be asso-
ciated with them, are hereby made and declared to be a body poli-
tic and corporate, under the name and style of tjie Charleston Joint corporate
Stock Company, of the State of South Carolina, or such other name *'*'®'
as they may now or hereafter assume.

Sec. 2. That all the rights of corporations, known as banks, be, „

° { ' ' ' Powers, pnv-

and the same are hereby, vested in said company, for the purpose of iicsfs and im.
loaning out money on interest, purchasing and mortgaging real es-
tate, buying personal property, and they shall have the same rights
and privileges now enjoyed by the banking institutions of this
State ; tluy shall, also, have the right to dispose of any and all
property, such as real estate and personal or mixed, that they may
become possessed of, in any manner, and on such conditions as the
said company may see fit and proper to the advantage of said com-
pany, and to promote the interest of the said Orphan Asylum.

Sec. 3. That, before commencing business under the provisicms of Liconso fe^
this Act, the said Company shall pay, or cause to be paid into the orphuu^*!vsy^
hands of the State Treasurer, the sum of two thousand (2,000) dol- '"'"•
lars, to be used for the benelit of the State Orphan Asylum of
South Carolina, and, annually thereafter, a like amoui»t for the
term of ten years, or so long a.s the said con)pany shall choose to
continue to do business, it being undei-stood and agreed that said
jniyment of two thousand dollars per annum by said company is
the consideration upon which the privileges of incorporation herein
is granted ; an«l whenever said company shall fail to pay said con-
sideration, then their rights to transact business shall cease.

STATUTES AT LARGE

Si:c. 4. Tlmt this company, incorporatt'd and estaldi.slied Ity this
Act, shull have full power, and are Ijorehy authorized, to estahli.sh
agencies throughout the State.

Sec. 5. That thi.s Act shall be of force iminediatcly on and after
its passage.

OFFICE SECRETARY OF STATE,
Columbia, S. C, March 5, l.s72.

This Act, having been presented to the Governor of this
State for his approval, and nut having been returned by him
to tiiat branch of the General Assembly in which it originated
within the time prescribed by the Constitution, has becoine a law
"without his aj)proval.

(Signed) F. L. CARDOZO,

Secretary of State.

lS'o.81. AN ACT TO Provide for the Appointment of an Inspector
OF Phosphates, and to Declare His Duties.

Inspector of SECTION 1. Be it enacted hj the Senate and House of Represen-
osp a es. ^^^lygg qI' ^[^q State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, Th t the Gov-
ernor be, and he is herel)y, authuriz(d to appoint, by and with the
advice and consent of the Senate, a competent person to the office
of Inspector of Phosphates, who shall reside and have his office in
the city of Charleston, and shall hold his office for two years.

Monthly Re- Sec. 2. That it shall be the duty of all companies or individuals

ports to 1)0 , , ,.1,1 T •

made to In- who are, or may be, authorized by law to dig, mine or excavate
specter. ' i • i • j- i i i /• i

such phosphate rocks and j)hos])hatic dejwsits irom the beds ol the

navigable waters or streams within the jurisdiction of the State, to
report to the Inspector of Phosphates, monthly, the quantity of
such rock and deposit dug, mined and excavated, and whether the
same be mi hand, awaiting removal, or if it has been moved, or is
being moved, to furnish a co]»y of the bill or bills of lading, which
reports shall be verified by the oath of the person making the
same. And it shall be the duty of all captains of vessels and rail-
road officials to furnish to the Inspector of Phosphates duplicates
of all l)ill3 of lading of all cargoes of such rock and deposit with
Avhicli their vessels or cars may be freighted, fur ex])ort from this

OF SOUTH CAROLINA. 105

Stnto, or for transporfiitioii within this State. And, to the end that ^- ^'- ^^^-•

the said Inspector ol" IMiosphatcs iniiy be enabled to verify the re-

ports of the quantity of snch rocks and deposits which liave been,

or may be, dui;, niined, excavated and removed, lie shall, at all

times, have and be allowed free and uninterrupted access to all li'spector

1 1 1 1 1 1 ■ 11 1 aUowcd free

])Iaci's where such rocks and deposits are aiiif, miiK.'d or excavated, ucr vhs to all
1 II I 1111 II wa eliouaes,

and to all warehouses, or oj)en or enclosed j)laces wliere such rocks &c.
and deposits are stored, and to all vessels, railroad cars, or convey-
ances in or by which such rocks and deposits are being removed.

Skc. 3. That the said Inspector of Phosi)liates shall report to the inspector to
Auditor of the State, monthly, the amount of phosphatic rock and iy'^"i,V"siiite
phosphatic deposits which he shall asceitaiu to have been dug, Au.iitor.
mined, excavated or removed from the navigalole streams or waters
of this Stat\ by what company or persons the same was dug,
mined and excavated, by what vessel or other mode of transporta-
tion the same was removed, with such other particulars as may
enable the State Auditor correctly to ascertain whether the amounts
due to the State therefor have been paid, aud, if not, who is ac-
countable for thi' s:ime.

Sec. 4. That hereafter it shall not be lawful to sell in this j.^ fertiii-
State, or to expose to sale, any eruano or other commercial fertilizers. zTstobesoui

' ' 'JO unless in-

whether the same have been manufactured in this State or else- speeteii, aim-

lyzed anil

where, unless the same shall have been first examined, inspected, marked,
analyzed and marked by the Inspector of Phosphates. And it shall
be the duty of all persons bringing into this State, for sale, any
guanos or fertilizers, or manufacturing in this State, for sale, any
such fertilizers, to furnish to the Inspector of Phosphates a formula
representing the average contents of each fifty tons of the same,
and to cause the same, or as many packages thereof as may be
necessary to make a correct average sample of the whole, to be Samples,
examined and inspected. Aud it shall be the duty of the In-
spector to examine and analyze all such samples of guanos, and
other fertilizers, and if found to agree with the formula thereof re-
quired to be furnished, as above, and as published to the })ublic, to
mark or brand each package thereof; but if the same, upon analysis. Each pack-
shall not conform to the formula so furnished and published, the innrUed.
Inspector shall not brand or mark the same, aud it shall be unlaw-
ful for the holder, or owner thereof, to sell the same.

Sec. o. That, to carry into effect the purposes of the foregoing p,.pe access
Section of this Act, the Inspector of Phos])hates shall, at all times, J^".'^'' vessels,
have, and be allowed, free and uninterrupied access to all vessels,
cars, warelioiises, manufactories anil storehouses where such fertili-
zers are, or are supposed to be, aud to take samples thereof. Ami
it shall be the duty of all captains of vessels, or other carriei-s, or

10(5 STATUTES AT LARGE

A^. K'-.-:. persons hrin;,'!!)^ siu-li fertilizers into the State, to report the same to
the Inspector of Phosphates inuuediately upon arrival ; and it shall
be the duty of all man ii fact urera of .such fertilizers in this State to
report to the said Inspector all (piantities manufactured f )r sale.

„ ,. . Skc. 6. That any iierson who shall counterfeit the brand id' faid

c.uiiUMfii Inspector, or shall repack any package previously marked or
Inspector. branded by said Inspector, shall, on conviction thereof, be lined fur

each and every oHluse the sum of one hundred dollars.
Appointment Skc. 7. That in case of the sickness or temporary absence of the
cpu ics. i[);;peL-tor, or if the convenient dispatch of the duties of his office
shall require the same, the said Inspector is hereby authorized to
appoint a deputy, one or more.

Fees of In- Sec. 8. That for lus compensation for the inspection and brand-
ing of fertilizers, the said Ius[)sctor shall be entitled to charge
twenty-five cents for each ton so inspected and branded, the same to
be paid by the owner, agent or manufacturer, and wliich shall be
collectable of and ironi the person having the same in charge ; and
for his compensation for the examination of the phosphatic rock
and phosphatic deposit dug, mined, excavated and removed from
the beds of the navigable waters and streams of the State, he shall
be paid, from the State Treasury, seven and a half cents per centum
on all amounts paid to the State as royalty for the privilege of so
digging, mining, excavating and removing such rocks and deposits.
And the said Inspector is hereby authorized to require conformity
raak- certain with all regulations whicli shall be by him made, with the approval
' " of the State Auditor, and which shall be reasonable and proper to
enable the said Inspector to cari-y out the purposes of thi? Act, ami
should the office of State Auditor be abolished, the duties herein re-
quired of him, and the reports required to be made to hira, shall be
exercised by, and the reports be made to, the Comptroller General.

Penaitr ^^^* ^' That any pcrscm or company, who shall violate the pro-

visions of this Act, shall, upon conviction, be liable to the same
penalty as i)rovided in Section 10 of this Act.

Tnspec or to ^^'^- 10- That said Inspector of Phosphates shall, before entering

give bond. upou the duties of his office, furnish a bond, in good and sufficient

sureties, in the penal sum of ten thousand dollars, for the faithful

performance of his duties; and if the Inspector of Phosphates, or

his Deputies, or any of them, shall be guilty of fraud, or shall neg-

Penaity for lect or refuse to perform the duties of their fih'ice, they shall be
duty.^ " liable to a fine of not less than one hundred dollars, nor more than
ten thousand, and to imprisonment for the term of not less than
three months, nor more than five years, one or both, within the dis-
cretion of the Court.

OF SOUTH CAROLINA.

107

Si-x*. 11. All Acts, or parts of Acts, iiiconsi-jtciit with the provi- ^ ^- ^"^2-
sioiis (tt" tliis Act, arc licrchy repealed. ^

Approved ]\Iareli (I, 1S72.

AN ACT TO In(<)i;i'oi;atk the Anderson Fahmeiw' and
Mechanics' Association.

No. 82.

Section 1. Be it enacted by the Senate and House of Represen-

Corporators.

Corporate
name.

tativcs of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That B. F.
Crayton, J. W. Norris, I). M. Watson,'\V. J. Ligon, B. F. AVhit-
ner and W. W. Humphries, and their successors in otfice and
associates, be, and they are hereby declared to be, a body politic
and corporate, under the name and style of the "Anderson Farm-
ers' and Mechanics' Association."

Sec. 2. That the said corporation, by its corporate name afore- power-s and
said, shall have succession of officers and members, to be chosen pri^i'»^b'C3-
according to the rules and by-laws made, and to be made, for its
government and direction ; shall have power to make by-laws, not
repugnant to the laws of the land ; to make, have and use a com-
mon seal, and the same to alter at will ; to sue and be sued, plead
and be impleaded, in the Courts of the State ; to purchase, hold
and enjoy any lands, tenements or hereditaments, goods or chattels,
which may be necessary, connected w'ith, or conducive to, the objects
of said association, and the same to alien and convey at pleasure.

Sec. 3. That this Act shall be deemed a public Act, and continue
in force until repealed.

Approved March 0, 1872.

AN ACT to Provide for the Con.struction of a Ni:w Coikt
House in and tot: the Coixty or Rk hi.am).

No. 83.

Si;("TiON 1. Be it eiitirlid by the Senate and House of Represen-
tatives of the State of South Candina, now met and sitting in (Jene-
ral Assembly, and by the authority of the same. That the County coimty com-
Commissioners of Richland County are hereby directed, authorized nutliorizod to
and empowered to sell and convey the whole of that lot in the city i,,t.

108 STATUTES AT LARGE

A. D. 187-2. of Columbia, on the corner of Riclianlson and W:u<hington streets,
"^ wliereon wa^ foinierly situated the Court House of said County. The

said sale to be made at j)ublic outcry, to the highest bidder, at such
time or times, on such terms, and in such i)arcels, as the said Com-
missioners shall think proper, after advertisement thereof for at least
Price of lot thirty days: Provided, Said lot shall not be sold for less than one
per foot fixe 1. |,„,jf|,.^,fi (IQQ) dollars ])er foot; said measurement to be made ou
the streets bounding the same, and that all the ])roceed8, over and
Disnoflition ^^0^^ the amount of purchase of a new site, shall be deposited in

of surplus jjie Treasury of the Couiitv, and shall be drawn out on the warrant
money. •' • '

of the Commissioners: Provided, That not uiore than one-half of the
One-haif of above deposit shall be drawn or paid until the Court House is com-

surplus only ' '

to be (iniwa pleted, and received bv the Countv Commissioners as being com-

befi^re com- . . ' '

pietion. pleted according to contract.

Sec. 2. That the said Commissioners are further directed, author-
Purchase of . • 1 1 • J.

site for n^'w ized and emptjwered to purchase or accept a suitable site tor a new

Couit House. ,, -.T ... rt /-, 1 1 . 1 11-11

(.M)urt House, in the city oi Columbia, and to take the titles there-
for, executed to the State of South Carolina, to and for the use of
said County.
Authorized Sec. 3. That the said Commissioners are further directed, author-
Court House; ized and empowered to build and erect a new Court House upon
the site selected, as provided in Section 2 of this Act ; and that the
contract for the erection of such building shall not be binding or
^""!om V^ ""^'^^'^^ ""^i^ approved by the Circuit Judge of the Fifth Judicial
piovea. Circuit, and the Clerk of the Court of Common Pleas for Richland

County.

Approved March 9, 1872.

No. 84. AN ACT to Charter the RALKKar, Coliwdia axd Augusta

Air-Line Railroad Company.

Section 1. Be it enacted by the Senate and House of Represen-

*, tativcs of the State of South Carolina, now met and sitting in Gene-

Purposo of ral Assembly, and 1)y the authority of the same. That for the

coiporu ion. jm^pf^gg of building and establishing au aii-liiie railroad from some

))oiiit near the city of Augusta, Georgia, within the limits of this

State, by way of the city of Columbia, Chesterfield, Cheraw and

Marlboro, to some point on the dividing line between this State and

the State of North Carolina, to be determined by the corporators

Corporators, hereinafter named, that a charter, with the rights and j)rivileges

incidental to the same, be, and is hereby, granted to, and vested in,

OF SOUTH CAIIOUNA. 109

Charles Adiiins, .Tnlm Smith, Thimms Steers, .Vhj^misi Hnimicko, ^- '*• ''"-•

.Idhii T. Lee, I'Mwanl Allen, rhilli|» Heller, M. D. Stnru', Lewis '"" ^

W'il^ciii, I. T. C)weiis, Jv. L. Joiu'p, 'Ihoinas Saiiils, Jurnes Ilarvey,

iM. IJ. ^Vlleii, Amo.s Miles, David J. Hanks, and their arf.soeiatt's or

assigns; and when a conjpany shall he formed, in complianee with

the eondilions herein preserihed, it shall be kn(jwn hv the name of
1 T. 1 • 1 /I I 1 • 1 » » • ¥ • T» 1 ' 1 ^. Corporate

the Kaleigh, Cokinihia and Augusta Air-Line Kailroad Company, name.

and shall have a corporate existence as a body politic in perpetuity.

Skc. 2. That "the capital stock of said company shall be two mil- Capital stock,
lion dollars, in shares of twenty dollars each ; aiKJ, in ordt r to
raise the said capital stock, it shall be lawful to opeu books of sub- Bonks of
seription in such places and at such times as may be deemed for 9"i^-*t;»ii'iion.
the best interests of the corporation, under the direction of the
corporators; the time and places for receiving such subscriptions to
be determined by a majority of the corporators ; but should such a
majority fail to fix such times and places, then such times and pla-
ces may be fixed by any four of the corporators hereinbefore named,
having given due notice of the same in any newspaper or newspa-
pers of the State ; a!id the subscription books shall be ke})t opeu
for twenty days from such times and at such places as said corpo-
rators may determine ; that on each share of stock subscribed the
said subscribers shall pay two dollars to the corp<n*ators, who shall

deposit the same in some National or State bank. When one huu- ». ^. ,

Notice of

dred thousand dollars shall have been subscribed, the said cori^ora- nnt-tii<s and

' ^ oiguiuzation.

tors, or any four of them, shall give notice, by publication for at
least ten days, of the time and i)lace of meeting for organization.

Sec. 3. Whenever the said sum of one hundred thousand dollars inTcstcd with
shall have been subscribed, the subscribers, their executors, admin- ^ trouft!ii*.a '
istrators and assigns, shall be, and they are hereby declared to be, x'^"|\ "V' .,
incorporated into a company, and shall have all the rights and KuUroaiUu.
privileges conferred ui)on the Northeastern Railroad Company:
Provided, however, That nothing herein contained shall be so con-
strued as to exempt the said company from tiie payment of taxes:
And provided, farther. That this Act shall not be construed so as
to bind the State to endorse, guarantee (jr aid said road.

Sec. 4. That the .said comi)anv shall have the right tt> build

i^ • 1 ■ I 1 • II • / J mi 1 11 • 1 Empow-orod

bridges across navitrable rivers: Irovided, 1 hey shall put in gocd to i.uiid

1 i.' • i I "^ 1 1 11 • 1 brldgcB, I'wC.

and surheient draws, and sliall construct necessary stations and

turn-outs, with one or more tracks to the road, with sueh gauge as

said company shall determine, and with lull power to construct

such branches, and make such connections with other roads, as they

may deteimlne, at llieir diseretion: Provided, That the said road ximo foicoin-

shall be commenced within three years, and completeil within ten "t-'in,7)i'i!^inK*

years after the passage of this Act, or the charter thereof shall be ^"'"^ '^*"'^^.'*-

no STATUTES AT LARGE

A. D. isTi forfeited : And provided, furtJier, That the said road s^hall be sub-
^^ ject to the provisions of an Act entitled " An Act to declare the

manner by which the lands, or right of way over the lands, of per-
sons or corporations may be taken for the construction and uses of
railways, and other works of internal improvement," ratified Sep-
tember 22, 1»68.

Sec. 5. This Act shall be deemed a public Act, and continue in
force for ninety-nine years.

Approved March 9, 1872.

No. 85. ^^ ACT TO Incorporate the Carolixa Light Lvfantry.

OF Charlestox, S. C.

SECTioy 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
Corporators, ral Assembly, and by the authority of the same. That H. C. Minott,
J. A. Williams, Robert Howard, Jr., and their associsttes and suc-
cessors, are hereby made and created a body politic and corporate,

Corporate under the name and style of the "Carolina Light Infantry, of
name. ^., i . >> *

Charleston.

„ - Sec. 2. That the said corporation hereby created and established

Powers and , '

piiviieges. shall have succession of offict^rs and members, according to it.>i by-
laws, and shall have power to make by-laws, not repugnant to the
laws of the land ; and to have, use and keep a commnn seal, and
the same to alter at will; to sue an<i be sued in any Court in this
State; and to have and enjoy ever}- right, power and privilege in-
cident to such corporation ; and it is hereby empowered to take,
hold, retain, possess and enjoy all such property, real and personal,
as may be given, bequeathed or devised to it, or may be in any man-
ner whatsoever ar-<juired by the said corporation : Provithfl, The
amount so held shall not exceed the sum often thousand dollare.

Sec. 3. That this Act shall continue in force for the space of
twenty years ; and the same shall be taken and deemed a public
Act.

Approved ^larch 9, 1872.

OF SOUTH CAROLINA.

Ill

AN ACT TO Amp:nd the Chartkk of thk Town of Lancastkh. ■*• ^- '"'-•

Skction 1. Be it enacted by the Senate nii<l House of Kepre.-iii-
tatives of the State of South Carolina, now met and sitting in
Oencial Ao.senihly, and by the authority of the .w.une, That, from
and after the passage of this Aft, all eitizens of this State, liaving
re.^ided sixty days iu the Town of Lancaster, shall be deemed, and
are hereby declared to be, a body [)olitic and (Corporate, and the said
town shall ho called and known by the name of Lancaster, and its
corporate limits shall extend one mile iu each direction I'roni
the court house in said town.

Sep. 2. That the said town shall be governed by an Intendant
and iour Wardens, who shall be citizens of the United States, and
shall have been residents of the sail town for sixty days imme-
diately preceding their election, who shall be elected on the second
]\Ionday in April, iu every year, teu days' public notice thereof
being previously given, and that all male inhabitants twenty-one
(21) years of age, citizensof the State, and who shall have resided in
the said town for sixty days immediately preceding the election
shall be entitled to vote for said Intendant and Wardens.

Sec. 3. That the election for Intendant and Wardens of said
town shall be held in the court house, or some other place conve-
nient, in the said town, from eight o'clock in the morning until five
o'clock in the afternoon ; and, when the polls shall be closed, the
Managers shall forthwith count the votes, and proclaim the election,
and give notice, in writing, to the persons elected. TheChairnian of
the Board of County Commissioners shall appoint three Managers to
hold the ensuing and every subsequent election. The Managers, in
each case, before they open the polls for said election, shall take an oath
fairly and impartially to conduct the same. And the Intendant and
Wardens, before entering on the duties of their respective offices, shall
take the oath prescrii)ed by the Constitution of this State, an<l, also, the
following oath, to wit : "As Intendant (or Warden) of the town of
Lancaster, I will erpially and impartially, to the best of my ability,
exercise the trust reposed in me, and will use ray be=t cudeavord to
preserve the peace and to carry into efl^ect, according to law, the
purposes ibr which I have been elected : So help nie God." The
said Intendant and Warilens shall hold their offices from the time
of their election until the first Monday iu April ensuing, and until
their successors shall be elected and (pialilied.

Sec. 4. That the said Town Council of LanciLster shall have
power to arrest and commit to jail, for a space of time not exceed-
ing twelve hours, and to fine not exceeding twenty (20j tlullars, any

No. 86.

C'(>il)or;itf>r9.

forijoruto
limlta.

Officers.

Electors.

Eleclion.

Managers.

Oath of office.

Power tonr-
rc.st ami coiu-
iiiil tojuil.

112 .• STATUTES AT LARGE

A. D. i«T2. person or persons who shall be {guilty of (liriorderly coiifluct in said
'' town, to the annoyance of cit.zeus thereof.

Si:c. 5. That tiiis Act shall be deciucd a public Act, and continue
in ibrce until rej)i'aled.

Approved M:irch 9, 1.S72.

j^Q 8 , AN ACT TO In'corporatk tiir JorRNEYMr.K ]\[eciianics' Uxiox,

OF Chafleston, S. C.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of tlie State of South Carolina, now met and sitting in tjen-
Corporators '^^'^^ Assembly, and by the authority of the same, That John Byrnes,
" W. H. Berney, J. W. Miller, G. M. Magrath, J. P. IIoward,"lsaac
Reed, and sucli other persons as may now, or hereafter shall be, as-
sociated with ihera, are hereby made and declared to be a body
Corporate pol'tic' an<l corporate, by the name and stylo of the Journeymen
name. Mechanics' Union, of Charleston.

Sec. 2. That the association aforesaid shall have succession of

Powers and • i i

priviiegos. oftcers and meraber.'J, accordnig to its by-laws, and shall have power
to make by-laws, not repugnant to the laws of the land, and to have,
use and keep a common seal, and the same to alter at will ; to sue
and be sued, and plead and be impleaded, in any Court in this State.
It is hereby empowered to retain, possess and enjoy all such pro-
perty, real and personal, as it may possess, or be entitled to, or which
shall hereafter be given, bequeathed to, or in any manner acquired
by it, and to sell, alien or transfer the same.

Skc. 3. That this Act shall be a pul)lic Act, and continue in force
fur the term of twelve years from the date of its ratification.

Approved March 9, 1872.

No. 88. -^^ '^^^ '^^ Incorporate the Deutscher Bruderlicher
Bund, of the City of Chakleston.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
eorporators. ral Assenibly, and by the authority of the same. That D. Werner,
J. H. Linsebrink, J. C. H. Claus.<en, A. Nimitz, J. 11. Heeseman and
C. G. Ducker, and their associates and successors, be, and they are

OF SOUTH CAIiOLlNA. 113

li(*rel)V, crciitod ii Ixxly politic mid corporate, under the name and ^•^'- '^"'-•
style o[' tlic " D..'iUsclier Bruderlichur Hand," of the city ofCliarlea- '

to'n. Title.

S|.:(.". 2. Tliat the .said corporati(»n hereby establi-slu'd shall have
siu'cessiou of officers and members, accordinjjj to its by laws, and .-hall
have power to make bydaws, not rej)Ugnant to the laws oi the hind ;
and to have, use and keep a common seal, and the same to alter at
will ; to sue and be sued in any Court in this State ; and to have and Powers and
enjoy every right, power and privile;^e incident to such corporation ;
and it is hereby empowered to take, hold, retain, possess and enjoy
all such property, realhud personal, as may be given, bequeathed or
devised to it, or may be ac<{uired by purchase, or in any other man-
ner, by sai<l corporation.

Sec. o. That the said corporation mav, from time to time, invest investment

, . ,. , 1 1 1 I " 1 • 1 • of funds.

their funds, moneys, assets, and all other property wluch it may ac-
quire in such real or personal property, stocks, public or private,
notes, bills, bonds, with or without security by mortgage of real or
personal property, or by surety, iu such sums, and on such terms
and conditions, as it may deem proper. And it shall and may be
lawful for said corporation, from tliue to time, and at all times, to
sell, convey, mortgage, assign or transfer any or all of its property,
real an<l personal, as, and when, it may deem proper and expedient ;
and to make and execute bonds, under the corporate seal, with or
without mortgage, for the purchase of real or personal property.

Skc. 4. That the members of said society hereby incorporated
shall be, individually, liable for the debts of said corporation, each j^j^i^iiity of
member to the extent of one year's annual arrears, which the said members,
member may owe to the corporation, according to its by-laws, in the
year in which he may be sued for said corporation debt ; but such
liability shall not attach until the corporation shall have been sued,
and 7iulla bona returned on execution, in such suit.

Skc. 5. That this Act shall be taken and deemed a public Act,
jiiid may be given in evidence without being specially pleaded.

Approved March 9, 1^72.

AN ACT TO LvconroRATK Tnic Rkaufort Manufacturing jj-q gg

AN1> iMl'liOVKMKNT CoMl'ANY.

Skction 1. JJe it enacted by the Senate and House of liepre-
sentatives of the State of South Carolina, now met and sitting In
General Assemblv, and bv the anthoritv of the same. That Alfred
8 '

114 STATUTES AT LARGE

Corporators.

A. D. 187-2. Williams, Robert Smalls, W. J. Whipper, J. Douglass Robcrtwn,
David Thomas, N. B. Myers, Franci-s K. Wilder, James M. ('rofut,
George Holmes, li. J. Maxwell and J. B. BascomI), aiul their a-^o-
ciates and .successors, are hereby made and declared a body politic
and corporate in law, un<ler the name and style of the " Beaufort
x-imo and Maiuifacturiiiij and Improvement Companv," for the iniriKise of

objects of cor- . f . ' . .... , 1 , ,

poiaiion. extracting and manuiacturiDg oil irora cotton seed, and otiier seeds

or grain, and for the purpose of carrying on such other business
connected therewith, witii a capital of one hundred thousand dol-
lars, to be divided into one thousand shares, of one hundred dollars
each.

Skc. 2. The said company .shall have power, from time to time,
to inciea.se their capital stock to any amount not exceeding two

hundred and fift>' thousand dollars, including their present capital
Capital stock. , , •' . . ,. , ,, ,,

Stock, whenever a majority oi the stockholders present, at any

general meeting, shall determine. Books may be opened for the
purpose of obtaining additional subscribers to such increased stock
in such manner as the company may deem expedient ; and, when-
ever any increase of capital shall be made as aforesaid, the Presi-
betiieifhise<> deut of the Company shall make affidavit of the fact, and file the
Stat'e's'office. same in the office of the Secretary of State, and make public no-
tice thereof, once a week for three weeks consecutively, in any news-
paper published in the town of Beaufort, which shall be legal no-
tice to all persons dealing with said corporation.

Sec. 3. That the said company be, and is hereby, authorized to
May build jjuiij a wharf or wharves in front of anv pronertv owned bv s-aid

■wnaives and _ . i l ^ j

collect wbarf- company, or which they ma3' hereafter become pos.ses.-*ed of in the
County of Beaufort, and to collect wharfage on the same, and to
use, sell or lease the said wharf or wharves for the use and benefit
of said company, subject to any laws now existing, or hereafter to
be enacted, in relation to said property.

Sec. 4. That, for the purpose of carrying the prodiir-tg of th*ir

manufacture to or from any railroad or place of shipment upon

Invested with the island of Port Royal, the said company is hereby vested with

Rrunied't . En- all the rights and powers, privileges and franchises granted to tbo

terprise Rail- ^ . t^ -i i /-, ,> /-.i i • i ,i » ^ - i

road CO. Enterprise Railroad Company, ot Charleston, by the Act or the-

General Assembly of the State of South Carolina, incorporating
sail! company, approved ^larch first, eighteen humlred and seventy,
and March ninth, eighteen hundred and seventy-one: Provided,
That the line of said road, so far as it affects the town of Beaufort,
shall be fixed and established by the Intendant r.nd Council thereof
Sec 5. That the said company shall have .succes.sion of officers
Corporate ^nd membens, to be chosen according to the rules and l)v-]aw3

riKliis and ' " , •

pnviiigcs. made, and to be made, for their government and direction, and

OF SOUTH CAKOLINA. 115

shall l)ave power and autliority to make by-laws, not repiiL'naiit to ^ ^* '"'-

the laws of the land ; to make, have and use a cotninoii seal, and

tlic -Mine to alter at will ; to sue and be sued, to plead and be im-

pleaili<l, in any Court of law and equity ; to purchase and hold

any landfi, tenements or hereditaments, goods or chattels, which

may be necessary, connected with, or conducive to, the purposes for

which said company is established.

Si:c. 6. The said corporation shall not go into operiktiou until corp.Viution'
thirty thousand dollars of the capital stock shall be paid, in gold or mJncJ opera-
silver, or United States Treasury notes ; and an oath or affirmation *"^"''-
of the payment ihereof shall be made by the President, Treasurer outh to le
and a majority of the Board of Directors, which shall be recorded seoiLtai-y of
in the Secretary of State's office, and published in any newspaper '
in the town of Beaufort, or as near the establishment as circum-
stances will admit.

Approved March 9, 1872.

AX ACT TO Incorporate the Charleston Hook and Lad- No. 90.
DER Company, No. 3.

Section 1. Be it enwted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Aspeml)ly, and by the authority of the same. That Wra. T.
Elfe, Wm. E. Burke, B. F. Morris, A. V. Brodie and J. Gra.it, Corporators,
their associates and successors in office, be, and they are hereby,
constituted a body corporate and politic, under the name and style
of the Charleston Hook and Ladder Company, No. 3; with a capi- nume"'^°'^'^^"
tal stock not exceeding ten thousand (10,001)) dollars; with the right
to sue and be sued, to plead and be impleaded in any Court of com-
petent jurisdiction, to have and use a common seal, and the same to
alter at will ; and with all other riglits, privileges and immunities privileges,
that are now secured by law to like incorporate bodies.

Sec. 2. That this Act shall be deenu'd a public Act, and remain
in force until rejjculed.

A})provcd March 9, 1^72.

IIG STATUTES AT LARGE

A.D. isT-2. ^x ACT Tt) iNcourouATE TiiK Ki:u Bank Mam i a< j lkim;

'^'^ Company, of Lkxinotox County,

No. 91.

Section 1. Be it enacted by the Senate and House of Representa-
tives of the State of South Caroliuu, now met and trittinf,' in General
Assenil)!}', and by tlie autliorily of the f^ame, That Frederick W.

oipora ors. Q|.pg||^ John Green, John P. Southern, Clark Waring and W. C.
Swafhehl, and others, and tlieir as.soeiates and successors, are hereby
made and created a body politic and corporate, under the name and

Corporate stvle of " The Red Bank 3Ianufacturing Company," for the purpose

of manufacturinjT cotton yarns and cloth, and such other fabrics as
Objects of , , , ,. , * • • 1 1 /. 1

corponiiion. the demand of the community may require, and al?o tor the trans-
action of all such business as maj' be connected with the al)ove pur-
poses, with a capital oi' thirty thousand dollars, with power to in-
crease it to one hundred thousand dollars, the consent of a majority
of the stockholders being first had and obtained.

Sec. 2. The said corporation may purchase and hold such real

pi^viioge^f"*^ estate as may be required for their purposes, or such as they may
deem it for their interest to take in settlement of any debts due
them, and may dispose of the same; and may erect such mills, ma-
chine shops and other buildings thereon as may be deemed neces-
sary, and may sue and be sued, have and use a common seal, and
may make such by-laws for the regulation and goyernment of said
corporation, not inconsistent with the Constitution and laws of the
United States and of this State, as may be deemed necessary; and
shall have, generally, all the rights, powers and privileges in law
incident or appertaining to corporations.

Sec. 3. That this Act shall be a public Act, and shall continue of
force for the terra of twenty-five years.

Approved March 9, 1872.

No. 92. AN ACT to Amend an Act entitled " An Act to Incor-

rouATE the Town of Pickens."

Section 1. Be it enacted by the Senate and House of Rej^resen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That an Act enti-
tle'd " An Act to incorporate the town of Pickens," approved in the
year 1809, be amendeil as follows : That the said Town Council
Establish- shall have power to establish a guard house, and to prescribe, by
gimvd\iouse. ordinance, suitable rules and regulations for keeping and governing

OF SOUTH CATJOLINA. 117

tho name, ami conCim; tlieivin uiiy or all pcrsdiis who may be sub- a.d. ihtj.
jv\ to be I'oniiiiiltt'd I'or violiUion ol' any ordinance of tb<- town,
j)a,-.<((l in c'onrorniity to the Act hereby ameiuit'il. And the said
Town Council may, by ordinance, or the said Intendant and War-
dens, in |)cr8on, any one or more of them, authorize and re<iuire any
Marshal of the town, or any Constable specially appointed for that tions.
j)ur])ose, to arrest or comndt to said guard house, lor a term not ex-
cecding twenty-four hours, auy person or persons who, within the
corporate limits of said town, may be engaged in a breach of the
peace, any riotous or disorderly conduct, open obscenity, public
drunkenness, or iu any conduct grossly indecent or dangerous to the
citi/.ens of the said town, or auy of them ; and it shall be the duty
of the IMarshals and Ccmstables to arrest and commit any such
ofU'iulers, when rcc[uired to do so, who shall have power to call to
their assistance the posse coviitatus, if need be, to aid in making
such arrests ; and upon the failure of the Town Marshal to perform
such duty, if required, they shall, severally, be subject to such fine Finos and
and jienalties as the Town Council may establish ; and all persons P'^'^''^^i*'s.
so imprisoned shall pay the costs and expenses incident to their im-
prisonment, which said costs and expenses shall be collected in the
same manner as provided by this Act for the collection of fines im-
posed for violation of ordinances: Provided, That such imprison-
ment shall not exempt the party from the payment of any fine the
Council may impose for the offense for which he may have been
committed.

8i;c. 2. That all the fines which shall hereafter be collected for
retailing, without license, within the corporate limits of the said
town, shall be paid one-half to the informer and the other half to o/fiuesf'''°"
the Council, for the use of the said town.

Skc. 3. All Acts or parts of Acts inconsistent hereto be, and the
same are hereby, repealed.

Approved March 9, 1872.

AX ACT TO CiiAirrKi: the LrrrLE Kivki: and Ciieraw RAti,- Ko. i>o.
liOAD Company.

Srction 1. Be It enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That, for the pur-
pose of establishing a railroad iron) Little River to Cheraw. a charter,
with all the rights and privileges incidental to the same, be, and is

118

STATUTES AT LARGE

A. D. 1S72.

Corponitors.

Corporate
name.

Route.

Cai>it:il stock.

Books of
subscription.

Subscriptions
may be made
in land.

Issue of
bonds.

Subject to
provisions of
Act of Sep-
tember, 1G3.

herein', jxranted to Thos. C. Dunn, L. D. liryaii, J. T. Wul.^li, Joel
Allen, J. E. Dusenbury, F. A. Kehew, Juhu Douglas, Win. F.
Johui-on, C. P. Towiisend, J. W. Thomas, Abel Quick, F. A. Miles,
C. J, Stuart, Samuel Jack.soii, Jacob Allmau, aud their a.s.soeiate8
and succei-sors, who are hereby constituted a body politic and corpo-
rate, by the name and style of the Little River aud Cheraw Kail-
road Company.

Sec. 2. That the said eonij)any is hereby authorized to construct
a railroad from Little River to Cheraw, by such route as Sjhall
be found most i?uitable and advantageous, and crossing the Counties
of Clarion and ^Marlboro, between the Great aud Little Peedee
Rivers.

Sec. 3. That the capital stock of said company shall be one and
a half million dollars, with the privilege of increasing it to two and
a half millions of dollars if found necessary, to be divided into
shares of fifty dollars each; and, for the purpose of raising such
capital stock, it shall be lawful to open books of subscription, at
such times and places, and to keep them open for such periods of
time, and under the direction of such persons as may be determined
on by a majority of said company. That subscriptions to said capi-
tal stock may be made in land, at a rate per acre to be agreed upon
at the time of subscription ; and that each and every person sub-
scribing land shall execute a deed to the said company, and that
all amounts subscribed, either in land or money, shall constitute the
joint stock capital, for the purpose of constructing and carrying
into operation the railroad provided for by this Act ; and the said
railroad company shall have power to mortgage its property and
franchises, and issue bonds on such terms and conditions, and for
such uses and purposes of said corporation, as the Board of Direc-
tors thereof may deem expedient.

Sec. 4. That the said railroad shall be subject to the provisions
of an Act of the General Assembly of South Carolina, passed Sep-
tember 22, 1808, entitled " An Act to declare the manner by which
the lands, or right of way over the lands, of persons or corporations
may be taken for the construction or use of railways, and other
works of internal imjtrovemont : " Provided, hoicever, That nothing
herein contained shall be so construed as to exempt the said com-
pany from the payment of taxes.

Sec. 5. All Acts or parts of Acts inconsistent with this Act are
hereby repealed.

Approved ^March 9, 1872.

OF SOUTH CAROLINA. 119

AN ACT TO PUOVIDK FOK TIIK PaYMICNT ok CkKTAIN DkI'.TS a. I). 1--7-2.

HY TIIK County of Aikkn. ^"fT^^*^

No. :m.

Whereas, by an Act approved March lOth, ISTJ, a new judicial Preamble.
County, by the name of Aiken, wiw formed <>\' pnriii.iis oi' J>arn-
wcll, Edgefield, Lexington and Orangeburg; and, whtrcas, rhe said
naniod Counties, at tlie time the Act to establish said County of
Aiken wa.s passed, were, and still arc, in debt; and, whereas, it is
but fair and just that the .said County of Aiken should assume her
proportion of the debts of the various Counties from which it has
been created ; therefore.

Section 1. Be it enacted by the Senate and House of Repre- county of
sentatives of the State of South Carolina, now met and sitting in iiaijio for cer-
General Assembly, and by the authority of the same, That of the
outstanding debts of the Counties of Barnwell, Edgefield, Lexing-
ton and Orangeburg, of portions of which the said County of Aiken
has been created, that the said County of Aiken is hereby made
liable for her proportion, in ratio to the taxable property, as taken
from each of the above specified Counties.

Sec. 2. That, in order to carry out the provisions of the preceding
Section, it shall be, and hereby is, made the duty of the County
Commissioners of the Counties of Barnwell, Edgefield, Lexington
and Orangeburg, to make out a certified statement of the indebted-
ness of their respective Counties, and forward the same (after the A»v?"or^to
complete organization of said County of Aiken) to the County ™s^(^.s.i'^,""„'t3^
Auditor, or an V other oflicer who may discbarge the duties of said of .is;,oot), to

' • _ '' = piiy said

ofrice, who shall, in proportion and proper ratio, to carry out the ^^^
provisions of this Act, cause an annual assessment of one thousand
dollars to be made on all the taxable property within the said new
County of Aiken, to be used only for tlie payment and for the pur-
poses herein mentioned.

Approved March 9, 1872.

piiy
ebta.

AN ACT to Chauter Big House Feruy, over Beaufort No. 95.
KivEK, IN Beaufort County.

Be it enacted by the Senate and House of Representatives of tlic
State of South Carolina, now met and sitting in General A.s>embly,
and by the authority of the same, That a public ferry be, and is suur7point.
hereby, established and chartered to reaeli and extend across the
Beaufort River, in Beaufort Cjunty, at a point ealKd "Sam's

122 STATUTES AT LARGE

A. i>. IS7-2. of the " Misluiw Li;:;ht Infantry;" and tlmt the Raul corporation
,. ,„ , may, by its corporate name, sue and be .«ue(l, inn^had and be im-
"1'""- pleaded, iu the Courts of this State; and shall be able and empow-

ered, in law, to purchase, have, hold, enjoy and possess any jroods,
Powi-rs ami cluittols, lands, tenements or ri-al estates, of whatever kind or nature

privileges. , , i c , n i-

soever, and the same, or any parttliereoi, to sell, alien or convey, at
their will and pleasure : Provided, however, That the property, so
held, shall not exceed the annual value of ten thousand dol-
lars; and the said corporation shall have power to make a common
seal, with power to change and alter the same as often as they shall
deem necessary.

Sec. 2. And be it further enacted, That this Act shall be deemed
and taken to be a juiblic Act, and shall continue iu force for the term
of twenty years, and until the next meeting of the General Assembly
thereafter, and no longer.

Approved March 9, 1872.

name.

Ko. 98. AN ACT to Incorporate the Nazareth PKESBYi'EKiAy
Church, of Spartanburg County.

Section 1. Be it enacted hj the Senate and House of Rejn-e-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. The members
of the corporation known as the "Nazareth Presbyterian Church,"
in the County of Spartanburg, together Avith the officers and mem-
bers of said corporation, be, and are hereby, declared to be a body
Corporate p^^ij^^jg ^^,1 corporate, by the name and style of the Nazareth Pres-
byterian Church, and, as such, shall have power to adopt such cou-
, stltution, and to make such by-laws, as may be necessary for the

Powers ami j ^ j .

priviitges. government of the same, and not repugnant to the laws of this
State ; and shall have such council, trustees, elders and deacons,
their successors in office, as they may select ; to sue and be sued,
plead and be im]>leaded, by their corporate title, in any Court of
law or equity in this State; to have and use a corporate seal : to
have and enjoy every right, power and privilege incident to such
corporations ; and the said corporation is empowered to hold, re-
tain, jjosscss and enjoy all such property, real and personal, as the
corporation may hereafter possess or be entitled to, or which shall
hereafter be given, bequeathed or devised to, or iu any Avay acquired,
and to sell and transfer the same, or any part thereof; and enjoy

OF SOUTH CAROLINA. 123

and exorcise all rights, powers and i)rivilt';,a-s aa are incident to
such corporations.

8ec'. 2. This Act shall he deemed a |)iil)lic Act, an<l sliall con-
tinue in force i'or the term of twenty-five years.

Approved March 9, 1872.

A. D. ;872.

Corporators.

AN ACT TO Incorporate the Aiken Light Infantry, of No. 99.
Aiken, South Carolina.

Section 1. Be it enacted by the Senate and House of Represen-
tatives (jf the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same. That Peter Wag-
gels, Alexander Williams, Joseph Robertson, Joseph Knights, and

their associates and successors, are hereby made and created a body

' 1 • 1 A •! " Coiporate

politic and corporate, under the name and style of the " Aiken name.

Light Infantry, of Aiken, S. C."

Sec. 2. That the said corporation, hereby created and established,
shall have succession of officers and raembei-s, according to its by-
laws, and shall have power to make by-laws, not repugnant to the Powers ana

./ ' 1 o privileges,

laws of the land ; and to have, use and keep a common seal, and

the same to alter at will ; to sue and be sued in any Court of this
State ; and to have and enjoy every right, power and privilege in-
cident to such corporation ; and it is hereby empowered to take,
hold, retain, possess and enjoy all such property, real and personal,
as may be given, bequeathed or devised to it, or may be, in any
manner whatsoever, acquired by the said corporation : Provided,
The amount so held shall not exceed the sum of ten thousand dol-
lars.

Sec. 3. That this Act shall continue in force for the space of
twenty years, and the same shall be taken and deemed a public
Act.

Ai)proved March 9, 1872.

AN ACT to Renew andA.micnd the Charter of the Town No. 1<>0.

OF WiEl.lAMSTON.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, Tiiat, from and
immediately after the passage of this Act, all and every person or

124

STATUTES AT LARCE

A. D.1S7-2

op )ratoi's.

Niime

Corporate
limits.

Oflicers.

Electors.

persons \\\\o may have iv.sick-J within the corporate limits of the
town of Williunjstou for one year, or who nmy own a freehold
therein, antl their .successors, are herehy declared to be members of
the corporation'hereby intended to be created.

Sec. 2. That the said persons, and their succe.^.sors, siuiH, iVom
and after the passage of this Act, become a body politic and cor|)or-
ate, and shall be known and called by the name of the town of AVil-
lianision, and its corporate limits shall e.xttnd one mile in the direc-
tion of the cardinal jjoiuts I'lom the jjixsent brick hotel as a centre,
and form a circle.

Sec. 3. That the said town shall be governed by an Intendant
and four Wardens, who shall be persons that actually reside within
the limits of the corporation, and have so resided at least twelve
months immediately preceding their election. The said Intendant
and Wardens shall be elected on the second Monday in Se})tember,
in each year, ten days' notice having been previously given, and
shall continue in office for one year, and until the election and ijuali-
fication of their successors. And all male inhabitants of the said
town, who sbal' have attained the age of twenty-one years, and re-
sided therein sixty days immediately preceding the election, shall
be entitled to vote for said Intendant and Wardens : Provided,
That no person shall be allowed to vote at any such election who
shall not have registered his name as a voter with the Clerk of the
Council, in a book or books to be kept by him for that purjxtse, by
10 o'clock A, M., on the day preceding every such election.

Sec. 4. That said election shall be held in some convenient pub-
lic place in said town, from nine o'clock in the morning until five
o'clock in the evening; and, when the polls shall be close, the Man-
agers shall forthwith proceed to count the votes, under oath, jnib-
licly, stating the whole number of votes cast for each candidate or
person voted for. and shall transmit their report of the same, in a
sealed envelope, to the Intendant of the town ; and if there be no
such Intendant, the same shall be transmitted to the Clerk of the
Court of Anderson County. The said Intendant, or Clerk of the
Court, shall open the report of the said Managers, and shall an-
nounce and publish the whole number of the votes cast, and *hc
whole nundier cast for each candidate, when the several candidates
receiving the highest nund^er of legal votes for the offices for which
they were voted for shall be declared duly elected. The Intendant
Managers, .^nj Wardens, for the time being, shall always appoint three Mana-
gers to conduct the election, who, before they ojien the polls for said
election, shall take the oath, fairly and impaitially, to conduct the
same. And the Intendant and Wardens, before entering upon the
duties of their office, shall, respectively, take the oath prescribed by

Election.

OF SOUTH CAROLINA. 12.5

tlif Coiislilulioii oi" this State, iiml, iil^o, the fiillowiiig onlli, towit: A. D. i«7'i.

•*A.s Ii.U'ImIiuiI (or Wanluii) of Lln' iwwii of Williaiiistoii, I will ~\.^ ,

. "uth of

fiiiilitully and itilpai tially, to the bcht of my uliility, cxtTciHe the onice.
trust r«-|)osc'(l in iiu*, and will use luy best endeavors to j)reserve the
peaee and cm ly into effect, iiccording to law, the purposes for which
I have becu elected : So help me God."

Stc. 5. In case a vacancy should occur in the oiiice of Intendant, Vacun. les—
or any of the Wardeuf?, by death, resignalion or otherwise, an elec-
tion to fill such vacancy shall be held by the appointment of the
Inteudant and Warden or Wardens ; and, in case there be none,
then by the appointment of the Clerk of the Court of Audereou
County.

Skc. G. That the Inteudant and Wardens, duly elected and quali- -Tudiciai

•' * powers.

fied, shall be, during their term of office, vested with all the powers
and authority with which Trial Justices are at present vested by
law, except the trial of civil cases, and except as it may be other-
wise provided in this Act. And the Intendant shall and may, as
often as may be necessary, summon the Wardens to meet in Coun-
cil, any two of whom, with the Intendant, or any three Wardens,
may constitute a quorum to transact business ; and they shall be
known by the name of the Town Council of Williamston ; and they,
and their successors hereafter to be elected, may have a common corpora- o
seal, which shall be affixed to all their ordinances; may sue and i"'^^ ^8*^*-
be sued, plead and be impleaded in any Court of law or equity
in this State, and purchase, hold, possess and enjoy, to them and
their successors, in perpetuity, or for any term of years, any estate,
real, personal or mixed, and sell, alien and convey the same:
Provided, The same shall not exceed, at any one time, the sum
of ten thousand dollars. And the said Intendant and Wardens
shall have full power to make and establish all such rules, by-laws
and ordinances, respecting the roads, streets, markets and police
of said town, as shall appear to them necessary and renuisite for
the security, welfare and convenience of the said town, or for pre-
serving the health, peace, order and good government within the
same. And the said Council may fix and ijnpose fines and jien- Finos,
alties for the violation thereof, and appropriate the same to the
public use of the said corporation: Provided, That, in all cases
of trials to be had before the said Town Council, as hereinbe-
fore i)rovided, the party charged shall be cited to trial by service
upiin hiiiroi'a summons, under the hand of the Inundanl, any
one of the W^aidens, or the Clerk of the Council, wherein shall
be expressed, with certainty, the oliense charged, and the time and
place of trial, which service shall be made at least five days before
the day of trial.

l^icunscd.

120 STATUTES AT LARGE

A^. is72^ Pp;c 7 That the Intcndaut aii<l Wardens of the said town ohall
have lull ami only power to grant or refuse license to retail spiritu-
ous Ii(|uors within the said limits, whieli license shall be granted in
the same manner, and upon the same conditions, as they now arc,
or may hereafter be, under the laws of this State, except that the
Town Council shall have the power to regulate the price of license
to keep taverns and to retail spirituous liquors: Proi'khd, That
in uo instance the price of a license so to keep tavern or retail
spirituous liquors shall be fixed at a less sum than is established by
the laws of this State ; and all the powers vested formerly in the
Commissioners of Roads are hereby granted to the said Intendant
and Wardens within the said limits; and all moneys paid for li-
censes, and for fines and forfeitures, for retailing spirituous li-
quors, keeping taverns, billiard tables, within the said limits,
without license, shall be appropriated to the uses of said corj)ora-
tion : Provided, That the Intendant and Wardens, duly elected and
qualified, .<hall not have power to grant any licenses *o keep tavern
or retail spirituous liquors to extend beyond the time for which thev
shall have been elected.

8t?eTti^ ^^'^ ^^^- ^- '^^^^ ^*^ ^^^^^^ ^® t^^^ ^^"^>' ^^ ^^^^ ^^^^ Intendant and War-
dens to keep all streets, roads and ways, within their corj)orate
limits, open and in good repair ; and, for that purpose, they are in-
vested with all the powers granted formerly to the Commissioners of
Roads. And they shall have power to compound with all persons
liable to work the streets, ways and roads in said town, upon such
terras as they shall, by ordinance, establish ; the moneys so re-
ceived to be applied to the public use.
Annual tax- Sec. 9. That the said Town Council shall have power to impose
an annual tax upon the keepers of all billiard tables and ten-pin
alleys, or other pin alleys, within the discretion of said Council ; and
to grant or refuse licenses for the same, upon such terms and con-
ditions, and subject to such regulations as they may, by ordinance,
establish. They shall also have power to impose a tax, within their
discretion, on all sales made by itinerant traders and auctioneers, on
all public drays, wagons, carriages, omnibuses, aud other vehicles
kept for hire, and on the owners or proprietors of all dogs, hogs,
sheep, goats an<l cattle kept within the corporate limits of said town.
The said Town Council shall have power to impose an annual tax
on the amount of all sales of goods, wares and merchandise ; and
also, upon the amount of income arising from all factorage and
merchandise, emi)loyments, faculties and professions, including the
profession of dentistry; also, upon the amount of income from all
moneys loaned at interest, and from dividends received from banks
and all other stocks: Provided, That no tax shall be imposed, in

OF SOUTH CAROLINA.

127

Assessment.

Exhibiions.

Magazine.

any one ca.'^e, to exceed the rate of thirty cents on each liundrcd
(lolhirs of the vahie of such sales and incdme. And the said Town
Conncil .'shall have power to inii)().se an annual tax on all carriages
and wagons, of whatever kind, kei)t for private n.'^e; on all gold,
silver and other watches, kept for private use, within the limits of
the .«aid town. And the saiil Town Council shall have power to
impose an annual tax, not exceeding thirty cents on every hundred
dollars of the value of all real estate lying in the corporate limits
of said town, the real estate of churches and scliool a-sociations ex-
cepted ; and, ior that ^nirpo-se, they shall appoint three freeholders
residing therein to assess the value of said real estate, upon oath,
and return the a-ssessment, within one niontli, to said Council for
taxation ; and to fill any vacancy occasioned by the death, resigna-
tion, refusal to serve, or removal from office, of the said Assessor.
And the said Town Council shall have power to regulate the price
of licenses upon all public shows and exhibitions in .said town ; to
erect a powder magazine, and to compel any person holding more pow«icr
than twenty-five jiounds of powder to store the same therein, and to
make regulations for rates of storage thereof, and for keeping and
storing the same. And the said Town Council shall have power to
enforce the payment of all taxes and assessments, levied under the
authority of this Act, against the property and persons of default-
ers, to the same extent, and in the same manner as is provided by
law for the collection of the general State tax, except that execu-
tions to enforce the payment of town taxes shall be issued under the
seal of the corporation, and directed to the Town Marshal, or other
person especially appointed by the said Town Council to collect the
same ; and all property, upon which a tax shall be levied and as-
sessed, i.s liereby declared and made liable for the payment thereof
in preference to other debts due by the person owning such property
at tlie time of the assessment, except debts due the State, which

1 11 1 A. • 1 rni • T 1 -11,, Plspositfrna

shall be nrst paid, ihe said moneys, togctlier with all other moneys of ii.o.u-ys re-

*ccivi'*l
collected by authority of the provi.sions of this Act, and the ordi-
nances passed in conformity thereto, from whatever source said
moneys may arise, to be paid into the treasury of said town, for the
use of the corporation.

Sec. 10. That returns shall be made, on oath, to the Clerk of the R<-t"rn.'i—

m /- •! 1 • 1 T tinu- fonniik-

lown Council, during the month ot January, in each year, of the ingtixcii.

amount of all sales of merchandise, professional, mechaniial, or

other incomes, and of the quantity and kind of all other property

than real estate subject to taxation, under the provisions of this

Act, by persons who may be liable to pay the taxes on the same ;

and the said taxes shall be paid on or betore the first day of March

then next ensuing. Upon failure thereof, any party in tlelaiili >h!ill

Executions.

128 STATUTES AT LARGE

A. D. ib'-j. [)(, subject to the penalties now jirovidtd by hiw for failure to pay
^ "~ the general State tux.

siiicwaiks. c^,^(^._ ii_ That the said Town Council shall have authority to re-
quire all persons owning a lot or lots in said town to make and keep
in good repair sidcwalk.s in front of said lot or lots, whenever they
shall front on or adjoin any public .-street of said town, if, in the
judgment of the Council, yuch sidewalks shall be necessary, the
width thereof, and the manner of their construction, to be desig-
nated and regulated by the said Council ; and, for default or re-
fusal to make and keep in' repair such sidewalks, the Town Council
may cause the same to be made and put in repair, and require the
owner to pay the price of making or repairing ; and the said Town
Council are hereby empowered to sue for and recover the same by
action of debt in any Court of competent jurisdiction in Anderson
County: Provided, That such contract for making or repairing be
let to the lowest bidder.

Sec. 12. That the said Town Council shall have power, with the
street-; and o ^ ^■ i i i n i

roads. Consent 01 tlie adjacent land owners, to cJose all such roads, streets

and ways within the said town as they may deem necessary, by sale
of the freehold therein, either at private or public sale, as they may
adjudge best for the interest of said town ; and they shall also have
power to lay out, adopt, open and keep in repair all such new
streets, roads and ways as they may, from tiine to time, tleem im-
portant or necessary for the improvement and convenience of said
town : Provided, That no new street, road or way shall be opened
without first having obtained the consent of the land owner through
whose premises any such ncAV street, road or way may pass.

Sec. 13. That the said Town Council shall have power, and are
their'^^nowers ^^^'"^^''^y authorized, to elect one or more Marshals, to aflix their sala-
and duties. j.jeg j^j^j prescribe their duties, who shall be duly sworn in, and in-
vested with all the power, and subject to all the duties and liabili-
ties, that Constables now have or are subjected by law, in addition
to the duties and liabilities specially conferred and imposed on
them by the Town Council : Provided, That their jurisdiction shall
be confined to the corporate limits of said town.

Sec. 14. That the said Town Council shall have power to estab-
luiions!^'^^'^" li-"*h a guard house, and to prescribe, by ordinances, suitable rules
and rogulaliojris for keeping and gf)verning the same, and for the
confinement of all persons who may be subject to be committed for
the violation of any ordinance of the town, passed in ccniformity
with the provisions of this Act. And the said Town Council nniy,
by ordinance, or the said Intendant and Wardens, in person, any
one or more of them, authorize an<l require the Marshal of the
town, or any Constable specially appointed for that purpose, to

OF SOUTH CAROLINA. 129

arrest and commit to the sa'ul <^uaril house, for a terra not excewl- ^- ^- "*"-•
ing twenty-four hours, any person or persons who, witliin the corpo- ^ ^
rate limits of said town, may be engageil in a hreaeli of the peace,
any riotous or disorderly conduct, open obscenity, public drunken-
ness, or iu any conduct grossly indecent or dangerous to the citizens
of said town, or iiny of them; and it shall be the duty of the Town
IVTarshals to arrest and commit all such offenders, when recjuired to
do so, and who shall have |)()wer to eall to their assistance the po.itie
comitatus,\i need be, to aid in making suck arrest; and, upon the
failure of such Marshals to [)erform such duty as refpiired, they
shall, severally, be subject to such fines and penalties as the T(jwu
Council may establish ; and all persons so imprisoned shall pay the
costs and expenses incident to their imprisonment: Provided, That
such imprisonment shall not exempt the party from j)aymeut of
any fine the Council may impose for the offense for which he may
liave been committed.

Sec. 15. That the said Town Council shall have power to collect Tax on
the taxes from all persons representing publicly, within the corpo- ^^°^^^"
rate limits, for gain or reward, any plays or shows, of what nature
or kind soever, to be used for the purjwses of said corporation.

Sec. 16. That all fines, which shall hereafter be collected by con- DispostLon
viction iu the Court of Sessions, for retailing without license, within °^ ^"*^®'
the corporate limits of said town, shall be paid one-half to the in-
former, and the other half to said Town Council, for the uses of
the corporation.

Sec. 17. The said Tow^n Council shall have })ower and authority Nuisances,
to abate all nuisances within the corporate limits, and also to ap-
point a Board of Health for said town, and to pass all such ordi-
nances as may be necessary to define the powers and duties of said
Board.

Sec. 18. That the lutendant and Wardens shall, during their
term of office, be fexempt from street duty ; and each Town Council ^'"*' settle-
shall, within one month after the expiration of their term of office,
make out anil return to their successoi-s a full account of their re-
ceipts and expenditures during their term, and shall pay over all
moneys in their hands belonging to the corporation, and deliver up
all property, books, records and other papers incident' to their of-
fice, to their successors ; and, on failure so to do, they shall l)e lia-
ble to the puni>hment prescribed in the twentieth Section of this
Act.

Sec. 10. That all ordinances heretofore passed bv the Town . ,

r^ •! . Ai'-ii- • Onlinnnccs

Council of \\ illiamston, la conformity with the authoritv irranted ^'^'"'''^^■'••

by existing laws, shall be, and they are hereby, declared legal ai'd

valid.

130

STATUTES AT LARGE

A. D. 1.S72. g£(,_ 20 That, for any willful vi(il:itif)ii of (luty.nialprartico, abuse

Poiiaiiv for 0''0PP''t'!^'''<>'i. thosaid lutendautaml Wardens, jointly and i-everally,

dut '''a " '^^ shall be liable to indictment in the Court of Sessions, and, upon

conviction, to punishment l)y line not exceeding one Inindred dollars,

besides being liable for damages to any person injured.

Sec. 21. That all Acts and parts of Acts, heretofore passed, in re-
lation to the incorporation of the town of "\Villiani?ton, l)e, and the
same are hereby, repealed. And thi.s Act shall be deemed and
taken to be a public Act, and continue in force for the term of
twenty years, and until tlie end of the session of the Legislature
then next ensuing.

Approved March 9, 1872.

No. 101. AX ACT TO Incorporate the Village of Little Rof k, ix
THE County of Marion, and for Other Purposes Therein
Mentioned.

Section 1. Be it enacted by the Senate and House of Repre-
Corporators. gentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That, from
and after the passage of this Act, all citizens of this State, having
resided twelve months within this State, and sixty days in the town
of Little Rock, shall be deemed, and are hereby declared to be, a
body politic and corporate, and the said town shall be called by the
name of Little Rock, and its corporate limits shall extend three-
fourths of a mile in each direction from the Methodist Church, in
said town : Provahd, That the cor])orate limits of said town sjiall
not extend beyond the Little Pecdee River.

Sec. 2. That the said town shall be governed by an Intendant
and four Wardens, who shall be citizens of the L'nited States, and
Avho shall liave resided in this State twelve montlis, and shall have
been residents of the said town sixty days immediately preceding
their election. The said Intendant and Wardens shall be elected
on the second Saturday in April, in every year, five days' notice
being })reviously given, and shall continue in office for one year,
and until the election and qualification of their successors ; and all
male inhabitants of said town, who shall have attained the age of
twenty-one years, ( paupers and persons under disabilities for infa-
mous crimes exceptetl,) and shall have resided tlierein sixty days
immediately preceding the election, shall be entitled to vote for
said Intendant and W^ardens.

Corporate
limits.

OflBcera.

Electors.

OF SOUTJ I ( ' A I :( )LI N A. 1 31

Sr.r. 3. The enifl el<'(!tiuii shall he held in some convenient jiuhlic ■*• ^'- ''^■-•
place in said town, from six o'clock in the rnornini; until four ..,

* ' O Kl<.-<,- 10:i.

o'clock in the evening, and, when the polls shall he closed, the Man-
a<,'ers shall forthwith count the votes and declare the election, and
give notice thereof, in writing, to the persons elected. The Intend-
nnt and Wardens, before entering upon the duties of their offiees,
shall each take the oath prescribed by the (Constitution of (jjis
.State, and, also, the following oath, to wit : " As Intendant (or Wur-
<len, as the case may be) of the town of Little Kock, I will equally
and impartially, to the best of my ability, exercise the trust re-
posed in me, and will use my best endeavors to preserve the peace, oath of of-
and carry into effect, according to law, the purposes for which I
have b.^en elected: So help me God." And if any person, upon
being elected Intendant or Warden, shall refuse to act as such, he
shall forfeit and pay to the Town Council the sum of ten dollars,
for the use of said town : Provided, That no person who has at-
tained the age of sixty years shall be compelled to serve in either
of said offices, nor shall any other person be compelled to serve
more than one year in any term of three years. The Intendant
and Wardens, for the time being, shall always appoint a Board of
three i\Ianagers to conduct the election, who, before they open the ,,

° ; ' _ •' * Mttnagor3.

polls, shall take an oath fairly and impartially to conduct the
same. That James Stackhouse, Benjamin Mace and R. P. Haraer
arc hereby appointed Managers, to hold the eleetion on the second
Saturday in March, one thousand eight hundred and seventy-two.

Sr:c. 4. That in case a vacancy shall occur in the office of In- vacancies,
tendant or any of the Wardens, by death, resignation, removal or
otherwise, an electi(m to fill such vacancy shall be held by order
of the Intendant and Wardens, or a majority of the same, five
days' |)nblic notice being previously given; and in case of sick-
ness or temporary absence of the Intendant, the Wardens, forming
the Council, shall be empowered to elect one of their number to act
as Intendant for the time being.

Sec. 5. That the Intendant and Wardens, duly elected anil iiuali- , ,. , ,
fied, shall, during their term of office, severally and respectively, «»""•
be vested with all the powers heretofore granted to Magistrates,
(Trial Justices, or Justices of the Peace, as the case may be), in this
State, within the limits of the saitl town, except for the trial of
causes small and mean. And the Intendant shall, and may, as often
as may be necessary, summon the Wardens to meet in Coun<-il, anv
two of whom, with the Intendant, or any three Wardens, may con-
stitute a quorum to transact business, and they shall be known as
the Town Council of Little Rock, and they and their successors,
hereafter to be elected, luav have a common seal, which shall bo

132 STATUTES AT LARGE

A. D. \^i affixed to all their ordinances ; may sue and be sued, plead and \m
^ impleaded, in any Court of law or e(iuity in this State ; and may

purchase, hold, possess and enjoy, to them and their eucce^jsors, in
perpetuity, or for any term of years, any estate, real, pcr.«<inal or
mixed, and sell, alien or convey the same : Provided, The same
shall not exceed, at any one time, the sum of ten thousand dollars.
And the Intendant and WanUii'^ sluill have full power to make an-i
establish all such rules, and by-laws and ordinance*, respecting th>-

road?, streets, market and police of said town, as shall appear to
Police regu- , i • • /. i • ^p i

lations. them necessary and requisite lor the security, welfare and conve-

nience of the said town, or for preserving health, peace, order and
good government within the same. And the said Town Council
may fix and impose fines and penalties for the violation thereof, and
appropriate the same to the public uses of the said corporation :
Fines. Provided, That no fine shall exceed fifty dollars for any one offense ;

and, also, that nothing herein contained shall authorize the said
Council to make any by-laws inconsistent with, or repugnant to, the
Constitution and laws of this State ; and all by-laws and ordinance-
the Council may make shall, at all times, be subject to revision or
repeal by the Legislature of this State.

Sec. 6. That the Intendant and AVardens of said town shall have
full power to grant or refuse licenses to keep taverns, or to retail
spirituous liquors, within the corporate limits of said town, upon such
conditions, and under such circumstances, as to them shall seem pro-
per and right : Provided, That in no instance shall the price of a
license to keep a tavern, or to retail spirituous liquors, be at a les-
sum than is established by the laws of this State ; and all money-
paid for licenses, and for fines and forfeitures for retailing spirituou-
liquors, keeping taverns and billiard tables within the said limi;
without licenses, shall be appropriated to the public uses of said
town : Provided, That the Intendant and Wardens shall not have
power to grant any license to keep taverns, or to retail spirituou-
liquors, to. extend beyond the term for which thoy have been
elected.

„ , , Sec. 7. That it shall be the dutv of the said Intendant and AVar-
Roads and . •

s rects. dens to keep all roads, ways, bridges and streets, within the corp' -

rate limits, open and in goofl repair; and they may lay out nc^
streets, close up, widen or otherwise alter those now in use, and for
that purpose they are invested with all the powers and duties of
County Commissioners, or Commissioners of Roads, for and within
the corporate limits of sai<l town. They shall have power to com-
pound with all persons liable to work the streets, ways and roads of
said town, upon such terms as they shall, by ordinance, establish ;
the moneys so received to be applied to the public use of said town ;

Licenses.

OF SOUTH CAROLINA. 133

:iii<l all persons refusing to labor, or fhiling to pay such commuta- ^- ^- ^^-■
tioii, shall he liable to such line, not exceeding twenty dollars, as the; ^

Town Council may impose.

Sicc. 8. Thgy shall have the i)ower to impose an annual tax, not Annual tax-
exceeding fifty cents on every hundred dollars (if the value of all '^^'°"'
real and personal property, lying within the corporate limits of the
said town, the real and ])crsf)nal property of chunhes and school
associations excepted. The said Town Council shall have power to
regulate the price of licenses upon all public shows and exhibitions
in said town ; to erect a powder magazine, and compel any person

holdinj; more than twenty-five i)ounds of ijowder to store the same ^ ,.

" . Election of

therein, and to make regulations for rates of storage thereof, and powder ma--

. . . . uzinc.

for keeping and delivering the same. Tlie said Town Council shall
have power to enforce the payment of all taxes and assessments,
levied under the authority of this Act^ against the ])ropcrty of de-
faulters, to the same extent, and in the same manner, as ispnjvided
by law for the collection of the general State tax, except that exe-
cutions to enforce the payment of the town taxes shall be issued
under the seal of the corporation, and directed to the town Marshal, Executions,
or other j)erson especially appointed by the said Town (/ouncil to
collect the same; and all property upon which a tax shall be levied
and assessed is hereby declared and made liable for the payment
thereof, in preference to all other debts against the said property,
except debts due the State, which shall be first paid.

Sec. 9. The said Town Council shall have power and authority sidewalks
to require all persons owning a lot or lots in said town to close in,
and to make and keep in good repair, sidewalks, in front of said lot
or lots, whenever the same shall front or adjoin any public street of
said town, if, in the judgment of the Council, such sidewalk shall
be necessary; the width thereof, and the manner of construction, to
be designateil and regulated by the said Council ; and for default
or refusal, after reasonable notice, to make and keep ingood repair
such sidewalk, and to close in such lot or lot.-^, the liown Council
may cause the same to be made or put in repair, and recjuire the
owner to pay the f)rice of making or repairing. And the said
Town Council are hereby empowered to sue for and recover the
same by action of del)t' in any Court of eomi)etent jurisdiction :
Provided, That such contract for making or repairing be let to the
lowest bidder. The cemeteries and grave /yards are, also, placi-d
under the jurisdiction of the Town Council.

Skc. 10. The said Town Council shall have power, with the con- power to
5ent of the adjacent land owners, to close all such roads, street:%Qp^^a^g^^g^
and ways within the said town as they may deem necessary, l>y sale
of the freehold therein, either at private or public sale, as they may

134 STATUTES AT LARGE

A. i\ \S72. adjudge best for tlu- interest of the said town ; and they shall, also,
^ have power to lay out, adopt, widen or <jtherwise alter thoi-e streeta

now in use, open and keep in repair all such new streets, roadd aud
ways as they may, from time to time, deem iiecensary for the im-
provement or convenience of said town : Provided, That no street,
road or way shall be opened without first having obtained the con-
sent of the land owner or owners through whose premises any such
new street, road or way may pass.

M;irshais ^''^* ^^' ^^^ ^'^''^ Town Couucil shall have power, and are hereby

authorized, to elect one or more Marshals, to fix their salaries and
prescribe their duties, who shall be sworn in, and invested with all
the powers and subjected to all the duties and liabilities that Con-
stables now have, or are subject to, by law, in addition t(f the duties
and liabilities specially conferred and imposed on them by the
Town Council : Provided, That their jurisdiction shall be confined
within the limits of the said town.

Sec. 12. That the said Town Council shall have power lo csiab-
lationsf ^^^^ 1'^^ ^ guard house, and to prescribe, by ordinance, suitable rules and
regulations for keeping and governing the same ; and the said Town
Council may, by ordinance, or the said Intendant or Wardens, iu
person, any one or more of them, authorize and require any Mar-
shal of the town, or anj' Constable specially appointed for that pur-
pose, to arrest and commit to the said guard house, for a term not
exceeding twenty-four hours, any person or persons who, within the
corporate limits of said town, may be engaged iu any breach of the
peace, any riotous or disorderly conduct, open obscenity, public
drunkenness, or in any conduct grossly indecent or dangerous to
ihe ciiizens of said town, or any of them ; and it shall be the duty
of the Town Marshal to arrest and commit all such ofl'euders, when
required so to do, who shall have power to call to their assistance
the po-%?e comilaixis, if need be, to aid in making such arrests; and
upon failure ofisaid Marshal to perform such duty as reipiired,
they shall, severally, be subject to such lines and penalties as the
Town Council may cstal)lish. And all ])ersons so imprisoned shall
pay the costs and expenses incident to their imprisonment, which
said costs and expenses shall be collected in the same manner as is
])rovidc(l by this Act for the collection of fines imposed for the vio-
* lation of ordinances : Provided, That such imprisonment shall not

exempt the party from the payment of any fine the Council may
impose for the oflfense for which he may have been committed.

„ Sec. 13. The said Town Council shall have i)ower to impose and

Tax on . . *

ahows.&o. Collect taxes from all persons representing publicly, within their cor

porate limits, for gain or reward, any plays or shows, of what na*

OF SOUTH CAROLINA.

13.)

NuiBunci-8.

Final settle-
meui.

ture or kind whatsoever, to bcajjpropriiiled to the})ul)lic uses of said f^' ' '"
town.

Six;. 14. The said Town Council shall have full power and au-
thority to abate all nuisances within the corporate limits (jf said
town.

Sec. 15. The Intendant and Wardens elect shall, during their
terra of office, be exempt from street duty. Each Town Council
shall, within one mouth after the expiration of their term of office,
make out and return to their successors a full account of their re-
cei[)ts and expenditures during their term, which account shall be
published in one or more papers in the County, and shall pay over
all moneys in their possession belonging to the corporation, and
shall deliver up all books, records and other papers incident to their
office to their successors ; and on failure so to do they shall be lia-
l)le to be fined in a sura not exceeding five hundred dollars, to be
collected by the Town Council.

Sec. 16. For any willful violation or neglect of duty, malprac-
tice, abuse or oppression, the said Intendant and Wardens, jointly negi.ct "of
and severally, shall be liable to indictment in the Court of Ses- ^ ^'
sions, and, upon conviction, to puuishraent as prescribed in the pre-
ceding Section, besides being liable for damages to any person or
persons injured.

Sec. 17. This Act shall be deemed a public Act, and continue
in force for the term of fifteen years, and until the end of the ses-
sion of the Legislature then next ensuing.

Approved March \), 1872.

AN ACT TO I^X'ORPORATE THE " Star Fiiie Engine Company, No. 102.
OF Georgetown."

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Clcn-
eral Assembly, and by the authority of the same. That George H.
Pawley, Tony G. Rutledge, William A. Johnson, William Moultrie,
John Sniyley, and their associates and successors in office, be, and
they are hereby, created and constituted a body politic and corpo-
rate, by and under the name and style of the " Star Fire Engine
Company, of Georgetown," with a capital stock not exceeding the
sum of five thousand dollars, with a right to sue antl be sued, to
jilead and be impleaded, in any Court of competent jurisdiction ; to

Corporatore.

Corporate
uame.

136 STATUTES AT LARGE

A. D. i'^7-2. ])ave and to use a common seal, and the same to alter at will and
p •^- d pleasure; and to have and enjoy all other rif^hts, privileges and
privileges. ininuinitios that are now, or may be hi;re*atter, secured hy law to
like incorporated bodies.

Sec. 2. Tliis corporation shall enjoy all the rights and privileges
secured to corporations under the Act to regulate the fortuation of
corporations, and be subject to the liabilities therein pre.scribed, so
far as applicable.

Sec. 3. That this Act shall be deemed a public Act, and shall
continue in force for the term of fourteen years.

Approved March 9, 1872.

No. 103. AN ACT to Amend the Charter of the Town of Beau-
fort.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That the Act

Police tlieir . .

duties and incorporating the town of Beaufort be so amended that the Town

tioii. Council of Beaufort be, and they are hereby, authorized to estab-

lish a guard or police for the better security and regulation of said
town, and to pass such ordinances as they may deem expedient to

ers.^ '^ ^'°^" define the duties, fix the compensation, and impose fines and penal-
ties for neglect or imjiroper discharge of duties of said guard, and,.
generally, to perform all acts necessary and proper to effectuate the
intention of this Act, and make and establish all rule?? and orders
relative to said guard, not inconsistent with the laws of the State.
That the Intendant and "Wardens, duly elected and qualified, shall,
during their term of service, have the same powers which a Trial
Justice now has to compel the attendance of witnesses, and require
them to give evidence, upon the trial before them of any person for
the violation of any of the by-laws or ordinances of the town ; that
the Intendant shall, as often as occasion may require, summon the
"Wardens to meet in Council, a majority of whom shall constitute a
quorum for the transaction of business, and shall be known by the
name of the Town Council of the town of Beaufort ; and they and
their successors in office shall have a common seal, and shall have
Maivvhais— power to appoint, from time to time, such and so many proper per-

duii..s. sons to act as i\[arshals or Constables, as they shall deem expedient

and proper, which officers shall have all powers, privileges and emolu-
ments, and be subject to all the duties, penalties and regulations,

OF SOUTH CAROLINA.

137

provided by the laws of this State for the office of Constable ; and
the Intendant and WanU^ns in Conneil shall have power and au-
thority, nnder their corporate seal, to ordain and establish all such
rules and by-laws and ordinances, respectinj^- the streets, ways, pub-
lic wells and springs, or fountains of water, markets, and jwlice of
said town of Beaufort, and for preserving peace, health and order
and good government within the same, as they may deem expedient
and proper, not inconsistent with or repugnant to the laws of the
State; and all such by-laws and ordinances shall, at all times, be
subject to revisal or rej)pal l)y the General Assembly of the State;
and the said Council may affix fines for offenses against such by-
laws and ordinances, and appropriate the same to the use of said
corporation ; but no fine shall exceed thirty dollars, and when fines
shall exceed twenty dollars, the same to be collected as fines and
penalties in Trial Justices' Courts.

Sec. 2. That the Town Council shall have full power and au-
thority to require all persons owning a lot or lots in said town to
build a lawful fence, and keep in good repair sidewalks in front of
said lot or lots, whenever the same shall front or adjoin any of the
public streets of said town, if, in the judgment of the Council, such
sidewalks shall be necessary, the width thereof, and the manner of
their construction, to be designated and regulated by the Town
Council ; and for default or refusal to keep in repair such side-
walks, the Town Council may cause the same to be put in repair,
and require the owner to pay the price of repairing : P-rovided,
That such contract for repairing the same be let to the lowest bid-
der.

Sec. 3. That the said Town Council shall have ix)wer to abate all
nuisances within the corporate limits, and also to appoint a Board
of Health and a Harbor Master, when deemed necessary, for the
said town, and to pass such ordinances as may be necessary to de-
fine the duties and powers of the said Board, and to impose fines
and i)enalties upon the members of the said Board for neglect of
duty orrefusal to serve.

Sec. 4. That the power to grant or refuse licenses for ten-pin or
other pin alleys, bagatelle tables, to keep taverns or retail spiritu-
ous liquors within the limits of the said cor]>oration, be, and the
same is hereby, vested in the Town Council of Beaufort, and the
said Town Council may grant licenses to retail spirituous liquors to
such persons, and in such quantities, at such rates, and upon such
terras and conditions, as the said Town Council may see fit and
l)roper : I'rovidcd, No such license shall exceed the sum of two
hundred dollars: Prorided, ftiHlur, That m no instance shall the
l)rice of a license to kee]) tavern, or to retail spirituous liquors*

A. D. l"^7:

Rules and
by-la\v».

Fines.

Sitlewalks.

Kuisances.

Licenses.

Kxecutions.

138 STATUTES AT LARGE

A. D. 1872. ]yQ gxeJ at a loss >um than is established by the laws of this
State.

Sec. 5. Tiiat the said Town Council are hereby empowered to re-
quire all persons, companies and corporations now engaged, or who
may hereafter become engaged, in business, or avocations of any
kind whatever, within the limits of said town, to take out a license
from the said Town Council, who are hereby authorized to impose a
reasonable charge or tax, within their discretion, for the conduct of
the same: Provided, No such license shall exceed the sum of five
hundred dollars.
T:x on sales, Sec. G. That the said Town Council shall have power to impose a
tax, within their discretion, on all sales made by itinerant traders
and auctioneers, on all drays, carts, wagons, omnibuses, carriages
and other vehicles kept for hire. And the said Town Council shall
have power to enforce the payment of all taxes and assessments
against the property and persons of defaulters, to the same extent,
and in the same manner, as is provided by law for the collection of
the general State t^x, except that executions to enforce the pay-
ment of town taxes shall be issued under the seal of the corpora-
tion, and directed to the Town Marshal, or other person especially
appointed by the said Town Council to collect the same.

Sec. 7. That returns shall be made, on oath, to the Clerk of the
Town Council whenever, and at such times, as the said Council
may so require, by ordinance, of the amount of all sales of mer-
chandise, professional, mechanical or other incomes, and of the
quantity and kind of all property, other than real estate, subject to
taxation under the provisions of this Act, by persons who may be
liable to pay the taxes on the same ; and any person in default of
payment of such taxes, when such payment may become due, shall
be subject to the penalties now provided by law for failure to pay
the general State tax. That all moneys paid for licenses, and for
o/fincs.^^'^^°" ^'^^® ^^^ forfeitures for retailing spirituous liquors, keeping tavern
and billiard tables, within the limit*:, without licenses, shall be ap-
propriated to the public uses of said town.

Sec. 8. That all Acts or parts of Acts, in relation to the Town
Council of Beaufort, repugnant to or supplied by this Act, be, and
the same are hereby, repealed.

Approved March 9, 1872.

Eeturns.

OF SOUTH CAROLINA. I:i9

AN ACfT TO Incorpokate the Columbia Jockey Cluji. ^^* '^'-

Coi"porator8.

Section 1. JBe it etCacted by tlie Senate and House of Represen- ^^'
tatives of the Sttito of 8i>utli Carolina, now met iuu\ «ittin;; in Gene-
ral i\>seiubly, and by the authority of the .same, Tiiat T. J. Robert-
son, John Agnew, Charles Logan, R. C. Shiver, Owen Daly, M. J.
Calnan, and their as-sociateo and duccessors, be, and they are hereby
declared to be, a body cor[torate and politic, by the name and style Powers and
of the Columbia Jockey Club, and shall have power to retain, pos-
sess and enjoy all such property as they may now be possessed of,
or entitled to, or which .^hull hereafter be acquired by them ; and to
sell, alien, or in any way transfer the same, or any part thereof:
Provided, The amount of property so held shall not exceed twenty-
five thousand dollars.

Sec. 2. That they shall or may have a succession of officers and
members, according to the rules and by-laws which may be adopted
by them ; and shall have power to make and change, at will, rules
and by-laws, not repugnant to the laws of the land ; to have, keep Liability of
and use a common seal, and the same to alter at will ; to sue and corpoiiiiois.
be sued, to plead and be impleaded, in any Court of this State.
They shall, jointly and severally, be responsible for all debts in-
curred by the corporation or its agencies.

Sec. 3. That this Act shall remain in force for the term of fif-
feen years, and until the meeting of the next session of the General
Assembly, thereafter.

Approved March 9, 1872.

AN- ACT Conferring upon the County Commissioners Cer- No. 105.
TAIN PowEiJs IX Relation to the License and Sale of In-
toxicatinc; Lu^uok--^.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly

of
Com-

and by the authoritv ol" tlie same, That all the powers and duties nmies
heretofore conferred upon the Commissioners of Roads of the various missioners

, ' . cotiferrcil on

Di^t^icts of this State, in relation to the license and sale of intoxi- county com-

,. , , , , , i^ 1 1/1 lulssionoi-s.

eating h'piors, oe, and they are herel)y, conferred upon tlie (.ounty
Commissioners. This Act shall take effect on and after its pjissage.

.Approved March 9, 1872.

140 STATUTES AT LARGE

D. is-2. YN ACT TO Pkumit James McCullou(;ii to ADOi'f, Change
THK Name of, and make his Lawful IIkik, Joseph Allen
Stei'P.

No. lUO.

Section 1. Be it enacted by the Senate and House of Rej)rej5en-

tatives of" the State of South Carolina, now met and sittinj^ in Gen-

jos. A. stcpp eral Assembly, and by tlie authority of the same, That James

adopted and •' ' •' _ - ' ^

made . "'e McCullouwh, of Greenvillc Couutv, is hereby authorized and era-

l.iwfuMien- of *= ' . .

j.MccuUough powered to adopt, and make his lawful heir, Joseph Allen Stepp,

and that the name of ihe said Joseph Allen Stepp shall be changed

to Joseph Allen McCullough.

Sec. 2. That should the said James McCullough die intestate,
inherit iiisLs- the said Joseph Allen McCullough shall inherit, in common with

ihe other lawful heirs of the said James McCullough, his estates,

both personal and real.

Approved March 9, 1872.

tate.

No. 107. AN ACT to Charter the Union Savings Bank, of George-
town, S. C.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That James

Corporators. ^ Bowley, W. H. Jones,' Jr., Thomas D. McDowell, S. R. Carr
and James Murrell, together with such other persons as are now, or
may hereafter be, associated with them, shall be, and they are
hereby, constituted and made a body politic and corporate, by the
Corporate name and style of the " Union Savings Bank, of Georgetown,
South Carolina," and, by this name and style, shall be, and is hereby,
made capable in law to have, purchase, enjoy and retain, to it and
its successors, lands, rents, tenements, goods, chattels and effects of
Powers and what kind or quality soever, and the same to sell, alien or dispose

puvieges. ^^•. ^^ g^jg j^j^j l^g sued, plead and be impleaded, answer and be
answered, defend and Ijc defended, in Courts of Record, or any
other place whatsoever ; and, also, to make, have and use a com-
mon seal, and the same to alter and renew at their pleasure ;
and, also, to ordain and put in execution such by-laws and regu-
lations as may seem necessary and convenient for the govern-
ment of the said corporation, not being contrary to the laws of
the State or the Constitution thereof.

OF SOUTH CAROLINA. 141

Sec. 2. The capiUil stock of said corporation shall not be less ^- ^'- '"-'•
than ten thousand dollars, which mav be increased, from time to .7 .^ ,
tinio, to a sum nut exceeding two hundred thousand dollars, and
shall be paid iu and accumulated as hereinai'ter provided.

Sec. 3. That said corporation shall have power and authority investment
to invest its capital stock or other funds in bank or other stocks ; o' fu'"is-
in the purchase of bonds of the United States, b(tnds issued by
this or any other State of the United vStates, and in l)onds of
any corporate company; to lend money upon personal or real
security; to discount bonds, notes, and bills of exchange, and to
guarantee the payment of notes, bonds, bills of exchange, or other
evidences of debt.

Sec. 4. That said corporation shall receive deposits from any Deposits,
person or persons, and all such deposits shall be invested as the
Board of Directors may deem most advantageous, and in accord-
ance with Section 3, and interest shall be allowed to the deposi-
tors thereof, as may be directed or provided for by the by-laws
of the institution.

Sec. 5. Each subscriber to stock in this Bank shall, on or be- penaitv for
fore the fifth day of each month, [lay, at the office of the Bank, I^^J"cr;pi'iSu9
one dollar per share of his or her subscription, and any subscri-
ber failing to do so shall be fini d five cents jier share for such
delinquency, and for each succeeding ten days of such delinquency,
ten cents per share additional ; and if, at the expiration of two
months, such delinquency shall still exist, the stock shall be sold at
public auction, the proceeds of which shall ijo paid to such delin-
quent stockholder, after deducting all fines that may be charged
against him, or his proportion of all losses sustained, and expenses
incurred by the institution, in the course of its business.

Sec. 0. As soon as the stock becomes of the value of one hun-

Issuo of
dred dollars per share, scrip shall be issued to each stockholder for scrip.

the number of shares standing in his or her name on the books of

.... . ,, ii-».i iz-ii- .11 When pav-

thc msiituiion, signed by the President and Cashier, with the cor- nu-nts of iii-
porate seal of the Bank affixed, from which time the payment of shuiiceitse.
monthly installments shall cease.

Sec. 7. Any stockholder, at any time prior to the stock becoming Ri..ht of
of the value of one hundred dollars per share, may withdraw from J'o^vuh'iin'w!
the instituiion, u|)(iii written notice being given at any regular meet-
ing of the lioard of Directors, and, at the expiration of ninety
days, the institution fhall pay to said stockholder the actual value
of his or her stock at the date of notice of withdrawal, the monthly
installments of such stockholder ceasing from (hite of said notice, or
said stockhidder may sell or transfer his or her interest to any other

J 42 STATUTES AT LARGE

A. D. 187-2. person, the jnirchaser being placed on :iii e<jiiality with the other

"^ stockholders.

Sec. 8. By actual value of the stock is meant the amount i)aid

Actmiivaino in by each stockholder, toj^'elhcr with hi.s or her |)roporti(jn of any

flueil. ' losses that may have occurred, and withholding his or lur pr«»]»i)r-

tion of auy investments about which the ]}oar<l of Directors may be

doubtful, until they are satisfied.

Sec. 9. As soon after the stock becomes of the value of one hun-

iMdcnds. di-ed dollars per share, and scrip is issued therefor, the Dirctors

may make dividends, at such times, and of so much of the i>r<)fits of

the Bank as sliali appear to them advisable.

Sec. 10. There shall be elected, as soon after the ratification of

Election of this Act as the corporators and subscribers mav deem advisable*
officers. * ■■ .

and annually thereaiter, seven Directors from their number, who

shall appoint one of their number President, and may fill any va-

Appoint- cancy occurring in the Board, unless it be by removal, in which

ordinatts. case the members shall fill the same in general meeting. The Board
shall appoint (to hold at its pleasure) the subordinate officers and
agents, prescribe their duties and compensation, and take from them
such bonds, with security, as it may deem advisable.

Sec. 11. It shall be competent, at any general meeting of stock-
holders, to change the time of holding the annual meetings; and ex-
tra meetings may be called, at any time, upon a written application
to the Board of Directors, signed by stockho]<lers representing not
less than one-half of the capital stock ; and at all meetings of stock-
holders, each share shall entitle its holder to one vote, and a repre-
sentation of a majority of the entire stock, by the hohlers in })cr-
son, or by their proxies, shall be requisite to constitute a quorum.
Sec. 12. The said company is hereby declared capable in law of

Special pow- holding and exercising the ofl^ice of executor, by appointment of
any testator ; the office of administrator of the testator or intestate,
by appointment of the Court of Probate ; the office of guardian,
or other trustee of any estate which may be held in trust by ap-
l)ointmeut of any pei-son or Court of competent authority to make
such appointment, and the office of trustee under any mortgage;
and, in any such case, the said company, or executor, administra-
tor or trustee shall be subject to the same measure of accounta-
bility, and to the same rules and regulations of law which pertain
to such trusts when held and exercised by natural persons, exce|>t
that, in Heu of any bond to be required of said company for the ad-
ministration of any trust, the capital stock and other assets of the
company shall be pledged for the faithful discharge of any trust.

Liability of Sec. 13. That the Stockholders of said corporation shall be lialde
to the amount of their respeciive share or shares of stock in said

Meetings,

ers.

OF SOUTH CAROLINA.

143

corporation for all itsdibt.s jiud liahililies iipnn note, bill or other- ^ ^' ""^'-■
wise; and, further, no Director or other officer of said corporation '

shall borrow any money from said corporation. And if any Direc-
tor or other officer shall be convicted, upon indictment of, directly
or indirectly, violating this Section, he shall be punished by fine or
imprisonment, at the discretion of the Court. The books and ac-
counts of said corjioration shall be open to inspection, under such
regulations as may be prescribed by law.

Si:c. 14. This Act shall be deemed a public Act, and shall be
judicially taken notice of without special pleading; and the cliarier
hereby granted shall be in force from its passage, and continue in
force for a period of thirty years.

Approved ^larch 9, 1872.

AN ACT TO IxcoRPORATE THE Firemen's Union, OF Charles- No. 108.

TON, S.C.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in General
Assembly, and by the authority of the same. That Thomas S. Den- corporators,
nison, John R. Campbell, Parris S. Attles, H. Boldon Pickinpack,
Arthur B. Mitchell, Nathan S. Robinson, Daniel L. Brown, Wm,
E. Elliott, and such other persons as may now, or hereafter shall
be, associated with them, are hereby made and declared to be a
body piilitic and corporate, by the name and style of "The Fire-
men's Union, of Charleston, S. C."

Sec. 2. That the said association shall have succession of officers
and members, according to its bv'-laws ; shall have power to make Corpornte

• '■ niinie.

])y-laws, not repugnant to law; and to have and use acomnion seal,
and the same to alter at will ; to sue and be .■^ued, i)lead and be im-
pleaded, in any Court in this State; to retain, possess and enjoy all Powers ami
real and personal property that it may now have, or may hereafter
acrpiire, to the value of ten thousand dollars ; and it is hereby cm-
jiowered, at any time it may be deemed beneficial to the corporation,
to sell, alien or transfer the same.

Sec. 3. That this Act shall be deemed a i)uldie Act, and eoiuimic
in force until repealed.

Appn.vc.l Miu-eh !l, 1.S72.

144 STATUTES AT LARGE

No. loi).

Corporators.

A. D. 1S7J. A.N ACT TO Incori'oratk the Gkaxi> Lodgk of Free ani>
Accepted Ancient Youk Masons of the State ok South
Carolina, and the Subordinate Lodges Under its Ju-
risdiction.

Section 1. Be it enfi-cfed by the Senate and House of Represen-
tatives of the Stiite of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, That George E.
Johnson, w'm. H. liirney, T. B. Maxwell, Wni. B. Nash, B. A.
Bosemon, Jr., H. J. Maxwell, H. E. Hayne, Wm. Inglis, Jr., Wm.
C. Young, H. L. Bell, R. B. Elliott, R. E. Dereef, J. A. Bcwley,
R. H. Gleaves, W. H. Jones, Jr., and their successors in office, be,
and they are hereby, incorporated, by the name of " The ^lost Wor-
Corporate shii)ful Grand Lod2:e of Free and Accepted Ancient York ^lasons,

name. i o i

of the State of South Carolina," and by that name shall have ca-
pacity to sue and- be sued, plead and be impleaded, in any and all of
the Courts of this State; to contract and l)e contracted with ; to
have a common seal, and to alter the same at pleasure. And the
privileges. Said Grand Lodge, through its four principal officers, shall have
perpetual succession, and may grant dispensations and charters to
subordinate Lodges, to be subject to and under its Masonic jurisdic-
tion, and make, ordain and establish its constitution, by-laws, rules
and regulations, not inconsistent with the Constitution or laws of
this State, or of the United States; and may acquire, hold and
enjoy so much real estate as may be necessary for the erection of
proper buildings and offices, not to exceed ten acres, for carrying
on and conducting its business; and, in the erection of its Lodge
room, may erect store rooms or offices in the lower stories thereof,
and rent out the same and collect the rent, and hold or loan the
same out, as the Grand Lodge may desire, subject to the regulations
hereinafter prescribed.

Sec. 2. That said Grand Lodge shall have power to collect ita
roUcct revf- revenue and to apply the same, according to the ancient custom of
pose^oV the the order, or may loan out the same for the purpose of aiding in
Bame. benevolent enterprises, or for the purposes of accumulation: Pro-

Proviso. vided, That the funds, in money or choses in action, shall not exceed,
in available assets, the sum of fifty thousand dollars at any one
time, and shall not be loaned upon usurious interest, nor shall the
funds or accretions thereof be used otherwise than for the jiayment
of the expenses of the said Grand Lodge, and for charitable pur-
poses; and being thus set apart, tlie same shall not be liable to tax-
ation.

Sec. 3. That all contracts made, or obligations a?sunird lurcto-
fore, which are not inconsistent with the laws of the land, by said

OF SOUTH CAROLINA. 14o

Oraiid Loiiirc, \n\ and the saint! are licichy, iiiailc valid and hiiidiiij^ ^' '^'•"^2.
tipon said CJraiid L()(l|xe, a« or<j;aiuzed under this chiirtcr; and the '' '~

arcoptjincc of this charter hy a resolution of said Grand Lodge
shall he all that is required to complete its organizalion under tlie
same.

Si-:c. 4. That the three princiiKil odicers of each subordinate
lodge, under the jurisdiction of this Grand Lodge, and their suc-
cessors in ofHce, be, and the same are luireby, created a body i)olific
and corporate, so far as to enable them, for each of their respective
lodges, to receive, hold and enjoy, possess and retain property, both
real and personal, not exceeding in value the sum of tsventyfive
thousand dollars, and to sell, alien, or lease the same, in any manner
deemed advisable by said subordinate lodges, and which said subor- Rnboniinnte

,. , , 1 11 I 1 11- 11 1 Lod^ea, cliar-

dinate lodges sluill be, and are hereby, incorporated by the name ters of, pro-

.,.,.,, ,. . 1 1 1 " • 1 /-t 1 vided lor.

specined m the charter or dispensation granted by the said Grand
Lodge to each of thera, respectively, which said charters or dispen-
sations, whether granted heretofore or hereafter by said Grand
Lodge, shall be evidence of the fact of incorporation under this
Act, in any Court of this State, without further proof; and by such
name said subordinate lodgas may sue and be sued, plead and be Powers, &c.
impleaded, and do all things enjoined by the said Grand Lodge,
not inconsistent with the Constitution or laws of the land, and
within the scope and purview of the j)owers hereby conferred upon
said Grand Lodge ; and the said subordinate lodges, respectively,
shall retain their said corporate powers so long as tlie said Grand of cii'uutflr*'^'^
Lodge shall continue their respective charters or dispensations, but
shall cease to possess any corporate existence when the charter or
dispensation shall have been revoked or taken awa}'^ by said Grand
Lodge; and all the effects of such subordinate lodge as may forfeit
its charter or dispensation shall belong to the said Grand Lodge;
and each subordinate lodge shall have the same powers, with re.-pect
to its assets, as are conferred by the second Section of this Act upon
the Grand Lodge.

Si:c. 5. That the said Grand Lodge, and such subordinate lodge Powor to
under its jurisdiction, shall have, respectively, power to receive by jlos'.'. ofpiop-
gifr, grant, contract, devise or donation, by will, subscription or *'*^'^'
otherwise, any [)ersonal or real estate, not exceeding in value the sum
hereinabove mentioned as the maximum of their assets, respectivily,
and shall have power to sell, alien or dispose of the same ; and no
such gift, grant, contract or devise, or donation by will,sub3crij)tion
or otherwise, shall fail by reason of any misde:«cription in the name
of such corporation ; and all contracts or agreements which may
have been lawfully entered into by saitl subordinate lodges, under
their organization heretofore, shall be binding upon them in their
10

146 STATUTES AT LARGE

A. D. 18T2. several corporate capacities under this Act; and the same may be
^""^^^^^'^ enforced by tliem, respectively ; and the property and effects owned
by them, bciii^ dedicated to charitable purposes only, shall be ex-
empt from taxation.

Sec. G. That this Act shall be deemed and taken as a public Act,
and notice thereof shall be taken in all the Courts of Justice and
elsewhere in this State, and shall be given in evidence on any trial
of any issue or cause, without specially pleading.

Approved March 9, 1872.

Xo. 110. AN ACT TO Renew the Charter of the Hope Steam Fire
Engine Compajty, of Charleston.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
Renewal of and by the authority of the same, That the charter of the Hope
charter. Yhre Engine Company, of Charleston, is hereby renewed and con-

tinued in force until repealed, and the said company is hereby au-
thorized to adopt the name and style of the Hope Steam Fire En-
gine Company, of Charleston : Provided, The said Hope Steam
Fire Engine Company, of Charleston, and the members thereof,
Subject to shall, at all times, be subject to the provisions of the 12th Section
ATof Tsw. °^ of the Act passed on the 21st day of December, in the year 1836,
entitled " An Act for the better regulating of the Fire Department
of the City of Charle.ton."

Approved March 9, 1872.

No. 111. AN ACT to Amend Sundry Sections of the Code of Pro-"
cedure Relating to the Circuit Courts.

Section 1. JBe it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, That the Counties

Second Cir- of Aiken, Beaufort, Barnwell and Colleton shall constitute the
cult.

Third Cir- Second Circuit; that the Counties of Sumter, Clarendon, Williams-
burg and Georgetown shall constitute the Third Circuit ; that the
cuit.'^'^ * ^^' Counties of Chesterfield, Marll)f)ro, Darlington, Marion and Horry
Siith Circuit, shall constitute the Fourth Circuit; that the Counties of Chester,

OF SOUTH CAllOLINA.

147

Luiica.ster, York and FuirfielJ thall coii.^titutL; the .Sixth Circuit ;
that the Counties of Newberry, Laureus, Uuiou and Spartanburg
«luill constitute the Seventh Circuit.

Skc. 2. The Circuit Courts in the Second Circuit shall be held
as follows: 1. The Court of General Sessions, at Aiken, for the
County of Aiken, on tiie second Monday of January, May and
September ; and the Court of Common Pleas, at Aiken, for the
County of Aiken, on the first Wednesday after the second Mon-
day of January, May and September. 2. The Court of General
Sessions, at Blackviile, for the County of Barnwell, on the third
Monday in January, May and September ; and the Court of Com-
mon Pleas, at Blackviile, for the County of Barnwell, on the fourth
^londay of January, May and September. 3. The Court of General
Sessions, at Beaufort, for the County of Beaufort, on the first Mon-
day of February, June and October ; and the Court of Common
Pleas, at Beaufort, for the County of Beaufort, on the second Mon-
day of February, June and October. 4. The Court of General Ses-
sions, at AValterboro, for the County of Colleton, on the third Mon-
day of February, June and October ; and the Court of Common
Pleas, at Walterboi'o, for the County of Colleton, on the fourtli
Monday of February, June and October.

Sec. 3. The Circuit Courts in the Third Circuit shall be held as
follows : 1. The Court of General Sessions, at Sumter, for the County
of Sumter, on the second Monday of January, May and October;
and the Court of Common Pleas, at Sumter, for the County of Sum-
ter, on the first Wednesday after the second Monday of Januai v,
May and October. 2, The Court olGeueial Sessions, at Manning, lor
the County of Clarendon, on the fourth Monday of January, May
and October; and the Court of Common Pleas, at Manning, for
the Counly of Clarendon, on the first Wednesday after the Iburth
Monday of January, May and Octobtr, 3. The Court of General Ses-
sion?, at Kingstrcc, for the County of Williamsburg, on the first
Monday after the fourth Monday of January, May and October;
and the Court of Common Picas, at Kingstree, for the County of
^VilIiambburg, on the first Wednesday after the fourth Monday of
January, May and October. 4. The Court of General Sessions, at
Georgetown, for the County of Georgetown, on the sect)nd ^londay
after the fourth Monday of January, May and October; and the
Court of Common Pleas, at Georgetown, lor the County of George-
town, on the first Wiuln<.sday after the second ^^onday after the
fourth Monday of January, May and October.

Sicc. 4. The Circuit Courts in the Fourth Circuit shall beheld as
follows :

1. The Court of General Sessions, at Cliesti rricM. for the Cnimfv

A. n. 1872.

SovcMilh Clr-

Clltt.

H( (;(>ntl Cir-
cuit.

Aiken.

Barnwell.

Beaufort.

Colleton.

Third Cir-
cuit.

Sumter.

Clarendon.

Williamd-
l)nrg.

Georgetown.

Fourth Cir-
cuit.

Chester:!. Id.

148

STATUTES AT LARGE

A. D. ie7-2.

Marlboro.

Darlington.

Marion.

Horry.

;ixth Circuit,
Chester.

Lancaster.

York.

Fairfield.

of ClK'-sterfiuM, on the Hr.-<t Mt)ii(l;iy of .Tanii:iry, May aii'l Sc-jitem-
ber ; aud the Court of Common Pleas, at Che.<lfi-fit'hl, for the
Cuuuty of Chesterfield, on the first Wednesday after the firdt Mon-
day of Janiuiry, May and September.

2. The Court of General Sps.sioDs, at Bennettsville, for the County
of Marlboro, on the third Monday of January, May and September ;
and the Court of Common Pleas, at Bennettsville, for the County of
Marlboro, on the first AV^ednesday after the third Monday of Janu-
ary, May and September.

3. The Court of General Sessions, at Darlington, for the County
of Darlington, on the first Monday of February, June and October;
and the Court of Common Pleas, at Darlington, for the County of
Darlington, on the first Wednesday after the first Monday of Feb-
ruary, June and October.

4. The Court of General Sessions, at ]\[arion, for the County of
Marion, on the third Monday of February, June and October; and
the Court of Common Pleas, at Marion, for the County of ^Marion,
on the first Wednesday after the third Monday of February, June
and October.

5. The Court of General Sessions, at Conwayboro, for the County
of Horry, on the first Monday after the fourth Monday of March,
July and November; and the Court of Common Pleas, at Conway-
boro, for the County of Horry, on the first Wednesday after the
first ^[onday after the fourth Monday of March, July and No-
vember.

Sec. 5. The Circuit Courts in the Sixth Circuit shall be held as
follows :

1. The Court of General Sessions, at Chesterville, for the County
of Chester, on the first Monday of January, May and September;
and the Court of Common Pleas, at Chesterville, for the County of
Chester, on the first Wednesday after the first Monday of January,
May and September.

2. The Court of General Se.=sions, at Lancaster, for the County of
Lancaster, on the first Monday of February, June and October ;
and the Court of Common Pleas, at Lancaster, for the County of
Lancaster, on the first Wednesday after the Hr.<t Monday of Febru-
ary, June and October.

3. The Court of General Sessions, at Yorkville, for the County
of York, on the first Monday of March, July and November; and
the Court of Common Pleas, at Yorkville, for the County of York,
on the first Wednesday after the first Monday of March, July and
November.

4. The Court of General Sessions, at Wiunsboro, for the County
of Fairfield, on the first Monday of April, August and December;

OF SOUTH CAROLINA. 149

nii<I the Court of Coninion Pleas, ut W'iiiii.sboro, fur tlie County of A. D. ifi:2.
Fairfield, on the first Wednesday after the first Monday of April, '^

August and Decenihcr.

.Six'. G. The Circuit CuurLa in the Seventh Circuit .shall he held seventh < ir-
as ft.] lows: ''"''•

1. The Court of General Sessions, at Newberry, for the County Newberry.
of Newberry, on the third ^Monday of January, May and Septem-
ber ; and the Court of Common Pleas, at Newberry, for the County

of Newberry, on the first Wednesday after the third Monday of
January, May and September.

2. The Court of Cleneral Sessions, at Lauren.sville, for the County Laurens
of Laurens, on the third IMonday of February, June and October;

and the Court of Common Pleas, at Laurensville, for the County of
Laurens, on the first Wednesday after the third Monday of Febru-
ary, June and October.

3. The Court of General Sessions, at Unionville, for the County Union,
of Union, on the third ^NEonday of ]\Lirch, July and November; and

the Court of Common Pleas, at Uniouville, for the County of Union,

on the first Wednesday after the third Monday of March, July and
November.

4. The Court of General Sessions, at Spartanburg, for the County Spartanburg,
of Spartanburg, on the first Monday after the fourth Monday in

]\Iarch, July and November ; and the Court of Common Pleas, at
Spartanburg, for the County of Spartanburg, on the second Monday
after the fourth Monday in March, July and November.

Sfx'. 7. That ail writs and processes which shall have been made writs and

■* _ . _ . processos, is-

returnable to the Courts of any of the said Counties, according to sued accord-

. . ins to laws

ihc laws heretofore of force, shall be legal and valid, to all intents iierptof.re of

1 p 1 /-I 1 1 1 1 • 1 • 1 /-I • forei!, lejal

and purjxjses, tor the Courts next to be hekl in the said Counties, and valid,
respectively, according to the provisions of this Act; and all persons .inrors and

11 1 1 1 £• 1 1 ... 1 witnesses,

already summoned, or who may hereattcr be summoned, to attend smnmoncti
the Courts of any of said Counties, as jurors or witnesses, or who are "aws'* I'ci-eto-
now, or hereafter shall be, bound in ncoL^nizance to appear at any ieq*iirred°'^To
of the said Courts, according to the laws heretofore of force, shall be, "onr"J bc!«i
and are hereby, required to attend or appear at the Courts of the tius ac".*^ ^°
saitl Counties, respectively, next to be held, according to the provi-
sions of this Act.

Ajtprovcd March 9, 1H72.

AN ACT TO Incorpou.vtk thk CiiAiti-i'STOx, Geougetowx and ^q 112.

CONWAYBOUO RaII.UOAD CoMPANY.

Section I. Beit enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now nu-t and siltini; in Gen-

150 STATUTES AT LAIIGE

A. D 187-:. gral Assembly, and by the autbority of the .same, That for tlie pur-
'^ pose of conslriK'tinL!: a railroad, of one or more track'^, from some

])oint at or near tlie city of Charleston, tiirou<rh the Counties of
Charlei-ton and Georgetown, to some p(jint at or near the town of
Georgetown, and thence, through Horry County, to some point at
or near Conwayboro, thence to the North Carolina State line, that
Corporators. Q ^ Stuart, Hcnry M. Drane, Ed. R. Wiggin, Samuel P. Vick,
Wm. A. Greenleaf, W. H. McDowell, John Douglass, W. F. John-
ston, J. "Walker, and their aiJ.sociates, successors and a.«sign.'?, are

^ hereby created a body politic and cort)orate, under the name of the
Corporate *' •' ^ ' '

name. Charleston, Georgeto^vn and Conwayboro Railroad Com[)any, and,

by such title, shall have a corporate existence for the term of thirty
(30) years ; and may sue and be sued, plead and be impleaded, in
every proper Court of the State of South Carolina ; and may have

General p)W. ^"d use a common seal, which it may change or alter at pleasure;

^^^' and shall be capable of .purchasing, holding, using, leasing and con-

veying estate, real, personal and mixed, and 'other property, and
acquiring the same bj'^ gift or devise; and may make all necessary
by-laws and regulations for its government, not inconsistent with the
Constitution and laws of the State of South Carolina, and of the
United States.
Lineofroaii. Sec. 2. That the said company be, and is hereby, authorized and
empowered to construct, maintain and operate a railroad, of one or
more tracks, extending from some point at or near Charleston, to
some point at or near Georgetown, thence to some point at or near
Conwayboro, thgnce to some point on the North Carolina State line
in Horry County, the particular route of same to be determined
upon by the company after the same shall have been formed.
Capital. Sec. 3. That the capital stock of said company shall be three

Shares. millions of dollars, in shares of one hundred dollars each, with
the privilege of increasing the said capital stock to such an amount
as may be found necessary to construct, equip and maintain the said
railroad ; and the shares shall be personal property, transferable in
such. manner as the by-laws may direct; and, for the raising of such
capital stock, it shall be lawful to open bt>oks of subscription, at
such times and places, and under the direction of such persons, as

Subscrip- said comi)any may determine. That the said subscriptions to the
tions. . . .

capital stock may be made in money, bonds, lands, material or work

at such rates, and on such terms as may be agreed upon at the

Articles of time of such subscription. A copy of any articles of as.sociation,
associ tion to . , , , . .•.!•». i e-

he. ttwa in of. Signed by the incorporators named in this Act, or any number ot

of state.*^ ' them, not less than five, may be tiled in the office of the Secretary

of State, and, thereupon, the persons subscribing such articles of

association, and all persons who shall become stockholders in such

OF SOUTH CAROLINA. I'.l

(•iiiii[iiiii\ , shall be a corponitioii, in deed and in law, for the puf- a. i>. i>:j.

puses herein sot forth, and shall be considered organized by such

act of assoi'iation.

Skc. 4. That the company hereby authorized shall be allowed six T}^^ ^ J"
'•'.'' , wlilcli to file

months, alter the passage of thia Act of incorporation, in which to saiii artK;ica.

lile. the articles of association in the office of the Heci-elary ofState,

as provided for in Section 3. And the railroad hereby authorized

to be constructed shall be commenced within two years after the moncinir'Hallr

passage of this Act, or otherwise the charter shall be void. '*•"'• limit, a.

Sec. 5. That the said railroad company is hereby author- Tciographs.
izcd to construct and operate one or more lines of tele-
grapli along its railway, charging and collecting such remunera-
tion for messages or dispatches a.s the President and Board of Di-
rectors may determine. The said company may connect said line
of telegraph w'th the lines of any other company in this or any ad-
joining State, and may lease, farm out, or sell the above right,
as, in the Judgment of the President and Board of Directors, may
most advantageous to the interest of the company.

Skc. 6. That the said company is hereby authorized and empow- gaffi^^ts pi^l)-

ered to mortgage any or all of its property and franchises, and issue ^'''y-

bonds and preferred stock to an amount, and on such terms and

conditions, and for such uses and purposes of the said corporation,

as the President and Directors thereof deem expedient for the best

interests of the company.

Sicc. 7. That the said company is hereby authorized and emiiow- Ripcht of onn-
, 1 ,.,..,, , , soliMatlon

ered to merge and consolidate its capital stock, estate, real, personal wi.h other

and mixed, franchises, rights, privileges and property into and with
the capital stock, estate, real, personal and mixed, franchises, rights,
]irivileges and property of any other railroad company or compa-
nies, chartered by and organized under the laws of this or any other
State or States, whenever the two or more railroad companies so to
be merged and consolidated shall or may form a continuous line of
railroad with each other, or by means of any intervening railroad,
liridgc or ferry; and su<'h consolidation shall or may be effected in
such manner, and on such terms and conditions, as the President
and lioard of J)irector8 may determine.

Sec. 8. That the said railroad coraiiany shall be subject to the sniijoct to
provisions of an Act of the General Assembly of South Carolina, Actoii8«8.
jiassed September 22, 18()8, entitled " An Act to declare the man-
ner by which the lands, or right of way over the lands, of persons
or corporations may be taken for the construction and uses of rail-
ways and other works of internal improvement :" Prorided, however.
That nothing herein contained shall be so construed as to excmj)!
the said com])any from the payment of taxes.

1-,2 STATUTES AT LARGE

A. n. i!>7

Sec. 0. That tliis Act shall <,'oiiito etl'ect on and after its passage;
and all Acta or parts of Acts inconsistent with any of the provi-
sions of this Act are hereby repealed.

Approved March 9, 1872.

No. 113. AN ACT to Incorpokatk the Bkaufokt Hoksk Railkoau
Company, in tiik Town and County of Beaufout.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and .fitting in Gen-
eral Assenil)ly, and by the authority of the same, That Robert

Corporators. Smalls, R. S. Beunett, P. E. Ezekiel, James M. Crofut, AV. J.
Whipper, J. B. Bascomb, Samuel Green, J. W, Collins, N. B. Mey-
ers, E. Nehemias, and all those persons who may hereafter be asso
ciated with them, be, and the same are hereby, made and declared
Corporate a body corporate, under the style and title of the Beaufort Horse
Railroad Company, and, by such title, may sue and be sued, and
may plead and be impleaded ; and shall have authority and power
to take, subscribe and raise a capital stock totheamnunt of twenty-
Capital stock, five thousand (25,000) dollars, in shares of twenty-five (25) dollars
each, for the purpose herein specified ; and they are hereby further
authorized and empowered to increase the said capital stock to the
sum of fifty thousand dollars: Provided, That such increase shall
be assented to by the majority of the stockholders.

Route. Seo. 2. That the said Beaufort Horse Railroad Company, of

Beaufort, shall have power and authority to lay a railway track
from the cast end of Bay street, in the town of Beauf )rt, through
and along Bay street, and connecting with the Port Royal Rail-
road, and such other points as they may deem most advantageous.

Gcncraipow- Sec. 8. That the said Beaufort Horse R lilroatl Comjiany, of

®^*" Beaufort, shall be able and ca[)able, by its corporate name, to buy

property, and to sell, for the purpose of its business; to sue and be

sued, to ])lead and be impleaded, in any Court of law or equity in

this State ; and have succession of oflieers and members; and shall

have po'wer to make by-laws, not repugnant to the laws of the land,

for the government and good order of its mendiers, as shall be

dee)ned exjjcdient by a majority of the stockholders; and to have

a common seal, and to alter and make new the same.

Sec. 4. That the said Beaufort Horse Railroad Companv, of
Issue of
bonds. Beaufort, shall have power and authority to issue bonds to an

amount equal to one-half of the cai)ital subscribed, the same to be

OF SOUTH C'AIIOLINA. ir>3

rodrciiKiMe at such time, not cxcccflinn; ton (10) years, as may 1)C
a'_M«n(l ii|)i)ii by ll'(? saiti company, and to bear interest at seven
jier cent, per annum, payable .-enii annually.

Skc. '). That this Act sliall remain in force, and continue for the
term of ninety-nine (99) years.

Skc. 6. That all Acts or parts of Acts inconsistent wiih this Act
are hereby repealed.

Approved 3Iarch 12, 1.S72.

A. T). l>-7

AN ACT TO Prevent Certain Officers from Buying, Drs- j^q jj^

COUNTING OR SlIAVING TeACIIERS' PaY CERTIFICATES OR

OTHER Orders on School Funds, or Jurors' Certificates.

Six TiON 1. Be it enaded by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assend)ly and by the authority of the same, That it is hereby certain offl-
declared to oe unlawrui tor any County Ireasurer, bounty Auditor, ti-fi fronuicui-
County School Commissioner or School Trustee to buy, discount or JJ-g. '"na'ja'
shave, directly or indirectly, or be in any \<a.y iuterestctl in any elites,
teacher's pay certificate or other order on school funds, or jurors'
certificates.

Sec. 2. That, if any of the officers aforesaid shall violate the Ponnity for
provisions of Section 1 of this Act, he shall be deemed to bo guilty ihis^Aci.
of a misdemeanor, and, on conviction thereof, shall pay a fine of
not less than five hundred (500) dollars, nor more than two thou-
sand (2,000) dollars, to^ be used for school purposes in his County,
and sliall be imprisoned at the discretion of tlie Court, or either,
or both.

Si;c. ."I. That lliis Act shall take eilect from its passage.

Approved March 12, 1872.

AX ACT TO Incorporate THE Bull River and Port PvOyal Xo. 11").
Railroad Company.

Section 1. lie il enadcd by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That.ior the pur-

name.

154 STATUTES AT LARGE

A. I). 187-2. pQgg ^f estahlisliiiii: a niilroatl frnfu soino point on Bull Kivcr, to a
junction wiih the Port Royal Railroad, at a point at or near Whale
Ijrancl), a charter, with the rights and privileges incidental to the
sanie, \k\ and the same is herehv, granted to and vested in I). C.
Corporators. ^vil.„n, Robert Smalls?, J. G. fhomps(,n, AV. J. Whipper, J. ^[.
Crofut, N. B. Myers, F. E. Wilder, J. B. Bascoinb, W. M. French,
Samuel Green, P. L. Wiggin, S. B. Thomjison, Alfred Williams,
M. Pollitzer, P. Coxuni, W. E. Towne, J. S. Brown, J. S. Mobley,
and their associates ; and when a company shall be formed, in com-
pliance with the conditions herein prescribed, it shall be known by
Corporate the name of the Bull River and Port Royal Railroad Comjiany,
and shall have a corporate existence, as a body politic, in perpe-
tuity.

Capital st<i(k. ^i^C- 2. That the capital stock of said company shall be one

million (1,000,000) dollars, in shares of twenty-five dollars each;

and, in order to raise the said capital stock, it shall be lawful to

Books of '^pen books of subscription in such places, and at such times, as may

subscription, i^^ deemed for the best interest of the corporation, under the direc-
tion of the corporators ; the times and places for receiving such
subscriptions to be determined by a majority of the incorporator^ :
but should such majority fail to fix such times and places, they
may be fixed by any four of the corporators hereinbefore named,
they having first given due notice of the same in any newspaper
published in Beaufort or Charleston Counties ; and said subscrip-
tion books shall be kept open for twenty days from sucli time, and
yotieetobe ^^ ^'^^'^ places, as said corporators may determine. W^hen fifty

^^^certaTn'*"' thousand dollars shall have been subscribed, the said corporators,

araounts are ( j. r^^y f^^j. gf them, shall ffive notice, bv pulilication for at least

subscribed. • ' e » . i

ten days, of the time and place of meeting for organization.
Sec. 3. WHienever the said sura of fiftv. thousand dollars shall

Corporation

entitle 1 o have been subsfribed, the subscribers, their executors, administra-
conferrtMi «in tors and assiffus, shall be, and thev are hereby declared to be, in-

Port Royal li. , . • , i," , • . j • ■

K. (onipuiiy. corporated into a company, With all the rights, powers and privi-
leges conferred upon the " Port Royal Railroad Company," by an
Act entitled "An Act to charter the Port Royal Railroad Com-
pany," ratifietl December the 21st, A. D. 1857: Provided, That
nothing herein contained shall be so construed as to exempt said
company from the provisions of Section 1 of Chapter 63 of the
General Statutes,
ispue of Six'. 4. That said " Bull River and Port Royal Railroad Com-
pany " shall have power to mortgage its projierty and franchises,
and issue bonds, at such rates of interest, and upon such terms and
conditions, and for such uses and purposes of said corporation, as
the Board of Directors thereof may deem expedient.

bonds.

OF .SOUTH CAKOLINA. 155

Skc. ."). That no other railroml shall he constructed with a tor- '^- ^ ^^'^
minus or point of hc^finning within ten miles of the line of said ^.^ raiir.uil
"Bull Kiver and Tort Koyal Railroad " for a period of ten years. J^iVJie,, wu'i. '-

Skc. 0. That the .«aid company ."hall have the ri<dit to build ''• t';" »""<•'<

' • '^ _ of line of

bridges across navigable rivers: Fmvided, They shall put in good 8iii<i rou<i.
and sufficient draws, and shall construct necessary stations and M- y buii<i

bridges.

turn-outs, and shall have one or more tracks to the road, with
such gauge as will correspond with that of the " Port Royal
Railroad."

Sec. 7. Nothing herein contained shall lie so construed as to
exempt the said company from the payment of taxes.

Si:('. 8. Said railroad shall be commenced within one year,
and completed within seven years, after the passage of this Act.

Approved ]March 12, 1872.

AN ACT TO Renew and Amend the CnARTEK of Ekskine Jfo. 116.
College, at Dl'e Wes-t, in Abbeville County, S. C.

Section 1. Be ii enacted hy the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, Thf t Rev. J. Corporators.
Boyce, I). D.', Rev. W. M. Grier, J. L. Miller, J. W. Hearst, P. H.
Bradley, W. K. Bradley, D. 0 Hawthorne, J. L. Pressley, ^\. S.
Lowry, Wm. Hood, Rev. J. N. Young, Rev. J. I. Bonner, J. P.
Kennedy, Rev. J. P. Pressley, D. D., Rev. J. C. Chalmers, Rev. H.
T. Sloan, J. Pratt, Rev. R. A. Ross, Rev. R Latham, R. C. Sharp,
Rev. R. A. Fair, R. W. Lites, Rev. J. Galloway, Rev. R. W. Brice,
J. Neil, James Lowry, Rev. J. C. Boyd, Rev. W. L. Pressley, S.
Donald, R. R. Hemphill, and their successors in office, be, and they
are hereby, created a body politic and corporate, by the name and „tf,ue''°'^'^*^
style of the "Trustees of Erskine College,'' a seminary of learning,
situated at Due West, in Abbeville County, in the State of South
Carolina ; and as such, and by said name, shall be capable and liable,

in law and eciuitv, to sue and be sued, idead and be impleaHed ; to General p<>w.
1 • ' ' ' ' ' era.

use a common seal ; and to make such by-laws and rules fur the
regulation and government of said college, as they may deem ne-
cessary : Provided, That said by-laws and rules be not repugnant
to the Constitution and laws of this State, or of the United States.
Sec. 2. That Sections 2, 3, 4, 5 and 6 of an Act entitled " An
Act to charter and incorporate Erskiue College, at Due Wist, in

STATUTES AT LARGE

Abl)oville Distrirt," latified December 20, 1850, be, and the same
are heri'by, continuetl in force.

Sec. o. This Act shall be taken and deemed to be a public Act,
and continue in force until repealed.

Approved March 12, 1872.

No. 117. AN" ACT to Chax<;r tub Namks of Tyrrell AVillahd and
Ida WiLLAUD, and make them the Legal Heirs of T. J.
Jones.

Preamble

Cliaiif
names

Whereas it is the desire of the mother of two children, bearing
the names of Tyrrell Wilhird and Ida Willard, to have their
names changed, and that they sliould become the legal heirs of T.
J. Jones ; and whereas it is also the desire of T. J. Jones to adopt
said children and make them his legal heirs ; now, therefore,

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

^^ and by the authority of the same. That the names of Tyrrell

Willard and Ida Willard be changed to that of Tyrrell Jones and

Ida Jones, and that they be declared the legal heirs of T. J. Jones.

Approved March 12, 1872.

Kg. 118. ^N ACT TO In'corporate the Columbia Artificial Stone

AND Cement Company.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and l)v the authority of the same. That E. M.

Corporators. Stoeber, A. Falk, and others, and their associates and successors,
are hereby made and created a body politic and corporate, under
the name and style of the C(»hnnbia Artiiicial Stone and Cement
Company, with a branch at Charleston, S. C, for the purpose of
manufacturing artificial stone and cement, with a capital of five
thousand dollars, with the privilege to increase — the consent of the
stockholders first iiad and obtained.

Sec. 2. That the said company shall have such officers as shall

Powers and be ordained and chosen by the rules and by-laws to be made for
their government, and shall have power and authority to make all

Corpoiate
name.

privileges.

OF SOUTH CAROLINA.

l.')7

riiKs and liy-law!?, not repu^riuuit to tlic laws of ihc land ; to regulate '^- ^'- ^^"*-
the issue of script and transfer of shares ; to have and keep a coni-
nmn seal, and the same to alter at will ; to sue and he sued, plead
ami he impleaded, in any Court of law or equity ; to purchase, take
and hold, sell and alien, in lie simple, or for any lef-s estate, lands,
tenements, hereditaments, goods, chattels, rights and credits, whieh
may be connected Nvith, or in any n)anner conducive to, the pur-
poses for which said company is established : Provided, That this com-
pany shall enjoy all the privileges, and be subject to all the liabili-
ties and restrictions, of the Act entitled "An Act to regulate the
formation of corporations."

Sec. 3. That the State of South Carolina give and grant to the Empowered

'=' ° to (iifj aini re-

above named company the ria;ht to dig and remove, for the term of ni..v.- gravel,

Pill. • 1 • 1 • • '''^"''' *^ '

twenty years, from the beds ot streams and waters within the juris- from beds ot"

- I ivcrs

diction of the State of South Carolina, the gravel, sand and shell

lime there deposited : Provided, That the persons named, and their

associates, shall not, in any way, interfere with the free navigation

of the streams of the State, or dig, mine, or lemove any phosphate

rock or phosphates, or to interfere with the private rights of any

citizen residing upon, or owning the lands upon, the banks of the

said rivers : And it i.t furiher provided. That said company shall

pay into the State Treasury, on the first Monday of April in each Royalty.

year, a royalty of twenty dollars, as compensation for the within

jirivilege, if exercised by the grantees.

Approved ]Marcli 12, 1872.

AN" ACT TO In-corporate the Orangkburg County Fair

Association.

No. 119.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the; authority of the same. That Win. F. Bar- corporator?,
ton, Samuel Dibble, Harpiii Riggs, Laurence R. Beckwith, Wesley
W. Culler, James D. Trezevant, Benjamin Byas, ,[. L. Jamison,
Henry Johnson and T. K. Sasportas, and their associates and suc-
cessors, be, and they are hereby declared to be, a body corporate
and ))olitic, in law and indeed, by the name of the "Orangeburg corporate
County Fair Association," and by the said name shall have per-
jietual succession of officers and members, and a common seal, with
lH)wer to change the same i\s often as the said corporation shall powers ami
judge expedient ; and the said corporation shall be liable and capa- ^' * ^^^^'

158 STATUTES AT LARGE

A. D.1S7-2. l,l^> i,j ],i\y to purchase, have, liold, receive, eujoy, poascdd and retain
'^ " to ilscli" autl its suceessord, in perpetuity, any mid every estate,
real or personal, whether accruing to the same by gift, purchase, de-
vise or conveyance, not exceeding in value fii'ty thousand dollars,
and the same, or any part thereof, to sell, alien, devise or exchange
as often as the said corporation may deem })roper ; and, l»y its name,
to sue and be sued, implead and be inipleaded, answer and l)e an-
swered, in any Court of law in this State; and to nuike all such
by-laws and rules for tlie government of the said corporation as may,
from time to time, be deemed necessary: Provided, Such by-laws
and rules be not repugnant to the laws of the land.

Objects of Sec. 2. That the principal end of the said corporation shall be
corporation. . ,. . , i • i i i • i

the promotion oi agriculture, mechanical arts, and other industry

and ingenuity, through an annual Fair, and other apj>ropriate mea-
sures, according to such rules and regulations as they may see fit to
establish.
Liability of Sec. 3. That the membeis of the said corporation shall be, seve-
rally, liable for all debts and contracts of said corporation only to
the extent and amount of their respective shares therein; and the
capital stock of the said corporation shall not be less than five thou-
sand nor more than fifty thousand dollars.
Property ex- Sec. 4. That the property and stock of the said corporation shall
faxai^ion.^^^"^ l^c exempted from County and municipal taxation, so long as no
dividends shall be declared and distributed among its members.

Sec. 5. That this Act shall be deemed a public Act, aud.^hall be
taken notice of in all the Courts of tiiis State without being specially
pleaded.

Approved March 12, 1872.

No. 120. AN ACT TO Incorporate the Traction Steam Exgixe Com-
pany, OF the City of Columdia.

Section 1. Be it enacted by the Senate and House of Ropre-sen-
tatives of the State of South Carolina, now met and sitting in
General Assembly, and by the autiiority of the same. That Richard
Corporators. Tozcr, John Rratton, Edward Hope, George Symmers, T. W. Wood-
ward, George Dial, J. McKeuzie, S. H. Spencer, William Simons,
A. Goodson, W. B. Nash, F. J. Moses, Jr., William Green, James
Davis, S. B. Thompson, R. Tarltcni, together with such other per-
sons who now are, or hereafter uuiy be, associated with them, be,

OF SOUTH CAROLINA. 159

and iivv lu'icby, iiitMirporatcil and di-clured a l»i»dy politic and cor- a.D. i872.

jxiratf, under the uanio and Ay\v of the Traftion Steam Engine ^

Company, of tho City of Coluinl>ia, for tlio purpose of manufac- nuine.

turinir, sellinji, and min<r: the same, and aloo for the transaction Pnrp"S'« of

1 1 . 1 , rni corponitlon.

of all such business as may bo connected with the same. The

capital stock shall consist of twenty thousand (20,000) dollars, in t'lpitai.
shares of fifty (50) dollars each, with the privilege to increase it to
any extent not exceeding fifty thousand (50,000) dollars, with the
consent of a majority of the stockholders being first had and ob-
tained.

8ec". 2. That the said corporation shall have such numlxT and Powpr=i and

. privileges.

succession of officers and membej's as shall be ordained and chosen

according to the constitution, rules and by-laws made, or to be

made, bv the said corporation for its government ; and shall have

power and authority to make any such constitution, rules or by-laws,

as are not repugnant to the Constitution and laws of the land; shall

have and keep a common seal, and alter the same at will ; shall sue

and be sued, plead and be impleaded, in any Court of law in this

State ; aiid shall have and enjoy all and every right and privilege

incident and belonging to corporate bodies.

Si:c. o. That the saiil company shall be empowered to purchase, May hold
, . ,, , 1 1 1 . nndtlisposieof

retain and enjoy all such jn-operty, real and personal, as it may property.

possess, be entitled to, or which shall hereafter be given, bequeathed

to, or in any manner be acquired by it, and to sell, alien, or transfer

tli(! same.

Si:c. 4. That the said company shall have the power to erect mwer to
machine shops, and other buildings necessary to carry on the said cMne siiops
bu.'siness. That they shall have the power to use such engines in giVies."^" ^""
any part of the State of South Carolina, for the purpose of drayage,
carrying passengers, or cultivating land, and may use the same in
any corporated city : Provided, No damage to life or property en- Proviso.
sues : Vrovidcd, That said corporation shall be liable for the i)ay-
ment of any and all damages done to life and property.

Sec. 5. That the said company may open books for sul>scriptions Subscription.

to the ca])ital stock in the citv of Coliinibia, or elsewhere, at their

discretion.

Skc. '!. That the private as well as the coriiorate propert\' of the Liiii>nitv ..f
1 11 1 1- 1 1 /• 1111 1 i- I ' coi ponil ra.

corporators shall i)e liable tor all debt^ contracted for the cor])ora-

tioii by its authorized agents.

Si;r. 7. That tho said corporation shall have a legal existence
from the time of the passage of this Act, and this Act shall con-
tinue in force until iv[)ealed.

Approved March 12, 1872.

160 STATUTES AT LARGE

A. D. 1>»72. ^\X ACT FOIL THE PkOTECTIOX AM) PlU^KKVATION OF UsEFlL
"^ A.Nr.MALS.

No. 121. Skction 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and .sittinj^ in
Killing or General Assembly, and by the authority of the same, That it .shall
tTecr ' 'uiiiaw- '"^t ^^ lawful for any person in this State to kill any deer, or worry
'"•• them with doj^s, or otherwise, with the intention of destroyinir them,

between the first day of January and the first day of September, in
any year hereafter.
Penalty for Sec. 2. That anv i)erson violating the forefroin? iirovi.sion of this
piovieiou. Act, shall, upon conviction thereof, be fined not less than twenty
dollars, or be imprisoned not less than twenty days, which fine, if
imposed, shall be recoverable before any Court of «;ompetent juris-
diction; one-half thereof shall go to the informer, and the other
half thereof to the school fund of the said County.
Persons iiav- Sec. 3 That any person in whose possession recently killed veni-
^'iiosscssi.ii?,'' son, or fresh deer skins, shall be found, between the dates above
above. ** "" mentioned, shall be liable to the same penalty as those violating
Section 2 of this Act.
Killing or ^*'*^- "^^ That it shall not be lawful for any person, in this State,
iiijurinK ccr- between the 15th day of February and the 15th day of October, in

ifin giiuie uii- .'J » '

lawful. mjy ygar hereafter, to catch, kill, or injure, or to pursue, with such

intent, or sell, or expose for sale, any wild turkey, partridge, dove,
wood-cock, snipe or pheasant ; and any person found guilty thereof
Penalty. shall be fined not less than ten dollars, or be imprisoned not less
than ten days, which fine, if imposed, shall go one-half thereof to
the informer, and the other half thereof to the school fund of the
County where the oiiense was committed.
Shooting or Sec. 5. That it shall not be lawful for any ]ierson, in this State,
frtoin^'^iji'ius to wantonly shoot, or entrap, for the purpose of killing, or in any

un awful. other manner destroy, any bird whose principal f(jod is;,insect'«, or
take or desroy the eggs or young of any of the species or varieties
of birds that are protected by the provisions of this Act, compris-
ing all the species and varieties of birds represente<l by the several
families of swallows, bats, whip-poor-wills, fly-catchers, thrashers,
"warblers, finches, larks, orioles, nut-hatchers, wood-peckers, hum-
ming birds, mocking birds, blue birds, red birds and robins, and all
other species and varieties of land birds, whether great or small, of
every description, regarded as harmless ia their habits, and whose
flesh is unfit for food, including the turkey buzzard, butexdudingthe
jackdaw, the crow, the crow blackbird, the eagle, and all hawks and
owls, which prey upon other birds ; and any person violating the pro-
visions of this Section shall, on conviction thereof, forfeit and pay a

OF SOUTH ("AliOLINA.

fiiKMtf tell tlollars, or he impiisoiiod not Ic-s tliun ten <l:i_vs, wliich fine,
il'irnposi'd, shall go one-half to thoiiif()nn<i-,anil the otjier half thereof
to the school fund of the County in which the offense was commit-
ted : Pro ri (I ed, TUiit no person sliali he prevented from proteetin<(
any crop of fruit or grain on his own lands from tlic depredations
of any birds herein intended to be protected.

Skc. G. Whenever a jjerson shall have made or created an artificial
pond on his own land, and slinil put therein any iish, or the egiis of v^nas.
any fish or oyster, for the purpose of breeding and cultivating fish or PRnaity

oysters, and shall give not;cc thereof, by written or printed hand- '^u'esp^sing'^
bills,- put up in public places near said pond; and 4iny person who "^ .""^ '"^""
shall thereafter enter in or about such pond for the purpose of fish-
ing, or shall catch or take away any fish or oysters therefrom, or
shall be guilty of committingany trespassupon any artificial fish pond
by fishing in the same, or in any manner using any means to destroy the
fish or oysters raised or collected in such pond, or by breaking the
dam or dams for the purpose of permitting the fish or oysters to
escape, or by .poisoning the same, or in any manner destroying or
injuring the same ; and any such person or persons, upon conviction,
sliall be deemed guilty of a misdemeanor, and shall be subject to a
fine of n(jt less than twenty dollars nor more than one hundred dol-
lars, or be imprisoned at the discretion of the Court ; which fine, if
imposed, shall go one-half thereof to the informer, and the othe.i
half thereof to the person or persons whose property shall have
been injured : Provided, That nothing in this Section shall be con-
strued as ai)plying to ponds used as water power for manufacturing
pur|)oses.

Skc. 7. That it shall not be lawful for any person in this State,
after the first day of April, (1872,) to take any trout from the ^vatrr*^''°"'"ff
streams thereof, by impregnating the waters with poisonous or dele- i';j''^'^fu7^
terious substances; and any person violating this provision shall,
upon conviction thereof, be fined ten dollars for every such offense,
or be imprisoned not less than ten days, which fine, if imposed, PenaUy
shall go one-half thereof to the informer, and the other half to the
school fund of the County in Avhich such offense shall have been
committed.

Sec. 8. This Act shall take effect from and after its passage.

Approved March 12, 1872.

un-

ir.2 STATUTES AT LARGE

A. I). i>7-'. ^j^ ACT TO Amknd ax Act Entitlkd "An Act to Estab-
lish A Nkw Judicial and Election County from Por-
tions OF THE COUNTIKS OF BaRNWELL, EdOEFIELD, LEXING-
TON AND OkANGEBURG, TO BE KnoWN AS AlKEN CoUNTY."

No. 122.

in en
reSiUtatives

Be it enacted hy the Senate and House of Representatives of
the State of South Carolina, now met ami .sitting iu General A6.sem-
bly, and by the authority of the same, That Section 5th of an Act
jnt^Titep- entitled "An Act to establish a new judicial and eleetion County
from portions of the Counties of Barnwell, Edgetield, Lexington
and Orangeburg, to be known as Aiken County," be amended by
striking out all after the word " the," in the second line, and insert-
ing "Counties of Aiken, Barnwell, Edgefield, Lexington and Or-
angeburg shall be as follows in the House of Representatives:
Aiken, four members; Barnwell, four ; Edgefield, five ; Lexington,
two; and Orangeburg, five."

Approved March 12, 1872.

ncwed.

No. 123. AN ACT to Renew and Amend the Charter of the
Saint Andrew's Lutheran Church, of Lexington County.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
Charter re- ral Assembly, and by the authority of the same. That so much of
an Act entitled " An Act to incorporate certain companies and socie-
ties," passed on the 20th day of December, Anno Domini ISoT, as
relates to the Saint Andrew's Lutheran Church, of Lexington
County, be, and the same is hereby, re-enacted : Provided, That
the said society be hereafter known V)y the name of the Saint An-
drew's Lutheran Church, of Lexington County.

Sec. 2. And he it further enacted, That this Act shall be deemed
a public Act, and continue in force for the term of fourteen years.

Approved March 12, 1872.

No I'^A ^^ ^^^^ '^^ Empower Fathers to Legitimatize Certain
Children by' Last Will and Testament.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,

OF ROUTir CAROLINA. 1(;3

and by tlu! authority <>t the same, Tliat wliitc falliers of chihlnn ^'^^^ '^"■■^•

born of lihick or coKireil mothers, who were formorlv held n.s slavts, . ^, ~

' I,«'ffltlinft-

cither diuins: the time of such mothers' servitude, f»r .^^imc emaiici- tizinKCfrmm

. . , , ■ cliildren liorn

iiatioii, the eohabitation between the i)urent.s of sucli ehildnii Ijeintr ""t "f I'wfui

weillock.
still continued, be, and the same are hereby, authorized to so far

legitimatize such cliildren, by last will and testament, as to enable
them to inherit, possess and enjoy all rights, titles and heredita-
ments, the same as lawful children boin in wedlock: Provided, hoirever, proviso.
That no such father may have been married during, at any time pre-
vious, whose wife was then living, or who since may have broken off
such cohabitation for the purpose of marriage, or any other cause,
sliall be entitled to the power conferred by the provisions of this
Act.

Approved March 12, 1872.

AN ACT TO Amend an Act Entitled "An Act Providing No. 125.
FOR THE Assessment and Taxation of Property," Passed
September 15, 1868, and all Acts Amendatory Thereto.

Section 1. Be it enacted by the Senate and House of Representa-
tives of the State of South Carolina, now met and sitting in General

Assembly, and by the authority of the same, That Section 108 of „.„

. Twoj'oar^'

the Act entitled " An Act providing for the assessment and ta.xa- ■■'ti-ickeu out

, , , wherever it

tion ot property, passed September 15, 1868, be, and the same is appars, an.i

hereby, altered and amended, by striking out all the proviso, after in erted.

the words " delinquent land sale," in the twelfth line; that Section

114 of the same Act be amended by striking out the words "two

years," and inserting, in lieu thereof, the words "ninety days;"

that Section 116 of the same Act be, and the same is hereby,

amended by striking out the words "two years," whenever the

same appears therein, and insert, in liru thereof, the words "ninety

days;" that Section 117 of the same Act be, and the same is hereby,

amended by striking out the words "one year," whenever the same

may appear therein, and insert, in lieu thereof, the wonl< "thirty

days;" and by striking out the words "two years," whenever the

same appears therein, and insert the words " ninety days." in lieu

thereof; that Section 12:) of said Act be, and the same is hereby,

amended by striking out the words "two years," whcuever the same

may occur therein, and insert, iu lieu thereof, the words " uinetv *

<lavs."

Ifi4 STATUTES AT LARGE

A. n. isT>. g,.>f, 2. That so inuch of the Act entitled "An Act to further

^ niueud uu Act entitled ' An Act providini;; for the assesament and

Penalty for taxation of property,'" passed March 8, 1871, as provides that all

coiwevaiice •^It'cds of Conveyances of real estate shall be placed on record in the

Mesiiu''*^'^uoiw otfice of the County Auditor before the same can be placed on

m^oT'to^'^Us '"Geord in the office of the Register of Mesne Conveyance, be, and

on'"^cora*^h! ^'^® •■^ame is hereby, amended by adding the followin;,', viz: And for

ojHceof I oun- eufh and every violation of this provision by a Clerk of Court or

ly Auditor. •' ^ ■' ^

Register of Mesne Conveyance, he shall, upon conviction, before any
Court of competent jurisdiction, be fined in a sum of not less than
five dollars, nor more than twenty dollars, and the costs of the ac-
tion; one-half of said fine to be paid into the County Treasury for
the benefit of the County, and the other half to be paid to the
County Auditor.
Forfeited ^hzc. 3. That all lands which have been forfeited to the State
v^e'iti^edl'soid^ under the provisions of the Act providing for the assessment and
deeds giveul^ taxation of property, passed September 15, 1808, and other Acta
amendatory thereto, shall be advertised by the County Anditi.r, in
manner provided by Section 107 of said Act, and sold by the County
Treasurer to the highest bidder ; and the County Auditor shall exe-

Proceeds to cute a " warrantv deed" to the purchaser. The procee«ls of the
be forwarded . i i

to -tate Trea- gale, after deducting fees allowed bv law, and paying the County
surer. ' * . » r .' & j

the amount of taxes and penalties due from such laud, shall be for-
warded to the State Treasurer by the County Treasurer, and ^hall
be credited to the County from which it is received on account of
the forfeited lands.
Time for Sec. 4. That all lands and real estate within this State, where-
lands.*^ ^*" upon, or in respect whereof, any sum of money remains due or
payable after the sale provided for in Section 15, Chapter XIII,
Title III, of General Statutes, or which are liable to be sold for,
or on account of, any tax laid by or under the authority of this
State, for State or ('ounty purposes, in accordance with the pro-
visions of either of the several Acts for the purpose of assessing
and levying taxes for the support of the Government of the
State and of the several Counties thereof, passed in the years
1868, 1869, 1870 and 1871, shall be exposed to sale, and sold for
the payment of such taxes, and all penalties, costs and charges
thereon accrued, on the first Monday in June, 1872, and, from
day to day thereafter, Sundays only excepted, until tlie whole
thereof shall bo sold, at the place or places, on the terms and
in the manner hereinafter provided ; such sale shall be by the
County Treasurer of each County, at the County scat, who shall
^ expose and offer the said lands at public sale, to be sold and
conveyed in fee sin)])le, without any right of redemption, for the

OF SOUTH CA MOLINA. lOo

pnviiifiil thorcof. If uo person shall, jit said siile, ofler to pin- A. o. istj.
cluiM" or take a loss quantity of the lands so cliar^i-i'd and offered |f„f,f,ni- >u •-
tlfun the whole thereof, at and i'or the amount so charged for f'"^'**„. .""''^

' _ *=• liiiiils,.S'iiteln

the taxes, penalties, costs and charges, the said Countv Treasurer ''« /leciareii

' ^ . ■ purchaser,

shall declare that the State is the purchaser thereof, at an<l for

the amount so charged; and, thereupon, the State shall become
invested in fee simple with the title to said lands, and the ap-
purteiiances and all the improvements thereon. If, at said sale,
any person shall publicly offer to take a less portion than the
whole of said lands, for the said taxes, penalties, costs and charges, conntyTn a-
then the said lands shall be sold to such person as shall offer to ceiiitiate of
take the smallest portion thereof, and pay the same ; and, upon
the payment of the amount so due to said County Treasurer,
said officer shall execute and deliver to the said pun-liaser a
certificate, setting forth the fact of such purchase, and tb.e pay-
ment of the amount bid ; and, thereupon, the said purchaser shall
be entitled to the grant from tlie State of the undivided right,
title or interest, in fee simple, without redemption, in and to all
the lands so sold and all lands belonging to any person or per-
sons or corporation against wlioni such tax was levied and as-
sessed, equal to the proportion which the amount bid holds to the
. whole of said lands so purchased, and the purchaser shall be en-
titled to demand partition thereof according to law ; and, on such
iiartition, the said purchaser shall be entitled to a ])roi)ortioiial

1 ' I II Five I or

share and interest in all improvements thereon. In addition to the centum ad. i. <i

^ tocosts.&c.to

sums now assessed and chargeable upon said lauds, there shall be p^'Y expenses

. ' of sale.

• added, at the time of said sale, five per centum of the amount of

said taxes, penalties, costs and charges ; which said sum is hereby

appropriated for the payment of the expenses of said sale, and the

collection of the moneys thereon. One-half of one per c^ut. to be

for the use of the County, and the balance to be paid into the State

Treasury. If any person to whom such lands shall be struck off

shall fail forthwith to pay the amount bid therefor, said County

Treasurer shall immediately expose and offer such lands for re-sale, ue-saio.

as if no such previous sale had taken r)lace. The Countv Trea-

7 111 ' W.ekly re-

surer shall make weeklv remittances of all funds received, ac- niittam-e to

. . ' . be made to

cordnig to the provisions of this Act, to the State Ireasurer, and s^tate Trea-
shall forward monthly account.s for said funds to the State Trea-
surer.

Sec. 5. It shall be the dutv of the Governor to causr this Ait Governor to

A 1 1 !• 1 1 • 1 " 1 11 • 1 • • 1 1 pul)l bll this

to lie puniisiied in such manner as shall, in his judgment, be rei|Ui- Act.
site to give full informati(»n hereof; the expense of such publica-
tion to be paid or reimbursed out of the funds authorized hereby to
be charged as the expenses of said sale.

1G6 STATUTES AT LAKCIE

A. D. 187'2. pj.-.(j 6 ii sliall be the duty of each (.'oiinty Auditor of each

^ County to exhibit the tax Ijooks thereof, showing all <leliiiqueiit

Duty of taxes herein provided for, for sixty days next preceding such 6»Je,

o"""^-^ ■^"'^"^" and all persons shall be entitled to inspect the same, between th«

Jiours of 9 o'clock A. M. and 12 M. of each day, Sunday exee]jted;

and it shall l)e his duty to attend said sale, with the said tax books,

and to furnish to said County Treasurer, and all persons requiring

the same, such information as the records of his office may afford

County All- relative to the matter involved in said sale ; and, upon the delivery

diJoi- to exu- _ .

cute titles. of the Treasurer's certificate of sale, to execute a deed in accord-
ance with Section 33, Chapter XIII, Title III, of the General Sta-
tutes of South Carolina.

Sec. 7. That this Act sliall take effVct from and immediately
after its passage ; and that all Acts or parts of Acts inconsistent
Avitli the provisions of this Act be, and the same are hereby, re-
pealed.

Approved March 12, 1872.

■^Q 29(3 AN ACT TO Incorporate the Charleston Loan Association,

OF the City of Charleston.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assemldy, and by the autliority of the same. That Samuel •
Corporators. E. Gailliard, F. IT. Frost, "W. A. Grunt, M. J. Hirsch, O. K. Levy,
A. P. Ford, W. H. Jones, Jr., James A. Bowley, together
' with such other persons as now are, or hereafter may be, as-
Piirposi' of sociated with them, be, and they are hereby, declared a body politic
corporation, ^^^^j corporate, for the purpose of buying and holding real estate in
the County of Charleston, or any point within the State of South
Carolina, and making loans of money, secured by mortgages on real
estate, and the hypothecation of bonds, stocks and other cho.<es in
action, and personal property; to its members and stockholders, by
the name and style of the "Charleston Loan Association, of the
Capital stock. City of Charleston." The capital stock of said association to con-
sist of two thousand five hundred shares; but, a.s soon as one thou-
When asso- ^^""^ shares .shall have been subscribed thereto, the said association
elation may gball organize and commence operations, said shares to be paid by
operations. successive monthly installments of one dollar on each share, so long
Default in as the said association shall continue; the said shares to be held,

payments,

penalty for. transferred, assigned and pledged, and the holders thereof to be sub-

OF fiOUTII CAROLINA. H>7

jcct to such fines, j)cnaltio3 and iurl'eitnres, for di limit in their pay- ;^ " "*'-•
nionts, as the regulations and bydaws of the said association may
jrescrihe.

Sko. 2. That the said association shall have pudi number and pQ^.,.,.^ ,^,„i
succession of officers and members as shall be ordained an<l chosen, piiviiegca.
accordintr to (he rules and bydaws made, or to be made, by them
for their tfovernment; and shall have power and autlujrity, from
time to time, and at all times, to make such rules and by-laws as are
not repiiLi,iiant to the Constitution and the laws of the land ; to have
and keep a common seal, and to alter the same at will; to sue and
be sued, implead and be impleaded, in any Court of law or equity
in this State; and shall have and enjoy every right and privilege
incidi-nt and belonging to corporate bodies, according to the laws of
the land.

8i;c. 3. That the funds of the said association shall be invested Funds of tiie
either in the purchase of real estate, in the County of Charleston, how'tobc'ciis-
South Carolina, or in any County or sub-division of the State of ^^°^®
South Carolina, which shall be rented out or leased, or sold and
conveyed, to the members and stockholders of said association, upon
such terms and conditions as, from time to time, may he prescribed
by it.s rules and by-laws, or be loaned out and advanced to the raem-
Ijers and stockholders thereof, upon the security and by hypotheca-
tion of real estate in Charleston or the State aforesaid, or bonds,
stocks or choses in action, or personal property, on such terms and
conditions as, from time to time, may be prescribed by the rules and
by-laws aforesaid. And it shall and may be lawful for the said as-
sociation to hold and enjov, fur the mutual benefit of its members May hnhi

1 Till 11*111 11 !•« i propertv for

aufi Stockholders, all such iaiui^, tenements and hereditaments as hs stockhoiu-
may be bona fide purchased by and conveyed to it; or as may be
mortgaged to it, by way of security, w\)on its loans and advances ;
or as may be by, or transferred and conveyed to it at sale> under
judgments or decrees of law or e(juit)', for securing or recovering, or
in compromise settlement of, any debt or debts due to it ; and to sell,
alien, barter, exchange, convey, mortgage, or otherwise dispose of
the same, from time to time, and whenever deemed e-xpedicnt.

Si:c. 4. That if any of the funds of the said association shall re- r„pro<iiic-
main unproductive, or uninvest<'d and unneeded, or uncalled for, },o\v to be uls'
for the space of two months, by its own mend)ers and stockholders, I'osea or.
it shall be for the said association to lend out what moneys may be
on hand to others than stockholders, at such rates of interest (on
such security, whether of mortgage or leal estate, clu>ses iu action,
or other personal property,) as may be agreed on, to be safely in-
vested, to be repaid within one year.

Sec. 5. That whenever the funds and assets ot the said association

168 STATUTES AT LARGE

A. D. 1872. shall have ucciiimilatetl to such an anioimt that. iip(m a fair division

Division of thereof, such stockholders, for each and every share of stock held

Jumidiiiul iia- \)y liim or her, shall have received, or be entitled to receive, the sura

Sets. -^ _ '

of two hundred dollars, or the value thereof in i)roi)erty or a.«seU»,
and such division and distribution shall have been made, then the
sail! association shall cease and determine: Provided, however, That
in case the said associati(jn shall not have closed its operations and
affairs, as above provided for, within a shorter period, then this Act
shall not continue in force beyond ten years.

Sec. (). That this Act shall he deemed a public Act, and be given
and received in evidence wilhout being specially pleaded.

Approved March 12, 1872.

No. 127. ^^ Act to Re-charter Mountain Lodge, No. 15, of the In-
dependent Order of Odd Fellows, of Greenville County,
SouiH Carolina.

Section 1. Be >t enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
Corporators. eral Assembly, and by the authority of the same. That all persons
Avho now are, or hereafter may become, members of Mountain
Lodge, No. 15, of the Independent Order of Odd Fellows, of Green-
ville County, South Carolina, be, and the same are hereby, declared
and constituted a body politic and corporate, by the name and
style above assigned.

„ -, Sec. 2. The Lodge aforesaid shall have succession of officers and

Powers and °

privileges. members, according to its by-laws ; and shall have power to make
by-laws, not repugnant to the laws of the land ; and to have, use
and keep a common seal, and the same to alter at will; to sue and
be sued, in any Court of this State ; and to have and enjoy every
right incident to incorporations. It is hereby empowered to retain,
possess and enjoy all such property, real and personal, as it may
possess or be entitled to, or which shall hereafter be given, be-
queathed to, or in any manner acquired by it; and to sell, alien
or transfer the same : Provided, The amount so held shall in no
case exceed the sum of twenty thousand dollars.

Sec. 3. This Act shall be deemed a public Act, and continue in
force until repealed.

Approved March 12, 1872.

OF sol Til CAROLINA.

AN ACT TO Amknd an Act Kntiti.kd " An Act to Skccki; A i»-
VANcics FOR Agricultural Purposfs."

Skction 1. ]le il enactrd by the Senate and House of Represen-
talivt'S of the State of South Carolina, now met and sitting in Cicn-
cral Assembly, and by the authority of the same. That an Act enti- A,aj.injment.
tit (1 " An Act to secure advances for agricultural purpose?," ap-
jjiovod the tweutifth day of Si'i)teniber, A. D. 18()(), be amended by
inserting, in the fourth lino of the first Section, between the words
" !-upplies " and " to," the words " advances of medicines or mtdicai
attendance by any physician."

Si:c. 2. That all the provisions and remedies in said Act, relating physicians
to persons who advance supplies for agricultural purposes, shall ap- ^jj^'j^^g ''Ifnul
1)1 V ti> Dirsons ailvancinti- medicines or medical attendance as a phy- t'<-ii to provi-

' • » • 1 ,- 1 f- 1 sioiis of said

sichiu, and also to blacksmiths who claim liens for work performed Act.

on plantation blacksmiths' tools; who pursue their trade or calling

not within the limits of any incorporated city, town or village within piiysicians'

this Slate: Provided, That the fee for each and every visit by a fe^'^imnteu.

jiliysiciau shall not exceed one dollar, and ten cents per mile, which

price shall embrace the prescription.

Approved March 12, 1872.

Ax x\ct to Charter the Bk; Bay and Adams' Run (Narrow No. 129.
Gauge) Railroad Company.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, That, for the pur- Pm-poso of
})()se of establishing a Railroad Company Irom Big Bay, with a
lateral branch to Eddings' Bay, Edisto Island, to run in the most
feasible and direct route to Adams' Run, intersecting the Charles-
ton and Savannah Railroad at the above points, that a charter, with
the rights and privileges incidental to the same, be, and the same is j„ whom
hereby, granted to, and vested in, John Wright, Henry Weldon, '^'*'-^^''-
Carl Berlin, ( u'orge Marstella, A. Berg, and their associates; and
when a company shall be fornu'd in compliance with the conditions ,j,.^,^
lierein prescribed, "it shall be known by the name of Big Bay and
Adams' Run Railroad Comi)any, and shall have a corporate exist-
ence, as a body jjolitic, in perpetuity.

Sec. 2. That the capital stock of said company shall l)e two hun- capital stock,
dred thousanil dollars, in shares of twenty-five dollars each; and.

170 STATUTES AT LARGE

A. D. iN?2. jn onlt-r to raise the said capital stock, it shall be lawful to open
Books of '^"^'^^ "^'^ subscription iu such places, aud at such times, as n)ay be

subscription, deemed for the best interest of the corporation, under the direction
of the corporators — the times and places for receivinf.' such subscrip-
tion to bo detormincd by a majority of the corporators ; but should
such a majority fail to fix such times and places, then such times
aud places may be fixed by any three of the corporators hereinbe-
fore named, having given due notice of the same in any newspaper
of the State ; and the subscription books shall be kept open for
thirty days from such times, and at such places as said corporators
may determine; that, on each share of stock subscribed, the said
subscribers shall pay two dollars to the cor])oratrrs, who shall de-
posit it iu some National or State Bank. When ten thousand dol-
lars shall have been subscribed, the corporators, or any three of

given!^^ ° *^ them, shall give notice, by publication for at least ten days, of the
time aud place of meeting.
Railroad '"^EC. 3. That they are hereby authorized to build a railroad from

from Adams' Adams' Run Station, on the Charleston and Savannah Railroatl,

Station to . ' '

Edisto Buy. to Big or Edding's Bay, Edisto Island, South Carolina, with one or
more tracks : Provided, They do not obstruct any regular mail or
passenger trains on any road, or ob.stnict the navigation on any
navigable stream over which the road aforesaid may have to cross ;
that good and sufficient draw bridges are to be built by the said
corporation, should necessity require the same to be done : Provided,
further, That said road shall be subject to the provisions of an Act
to declare the manner by which the lands, or the right of way over
the lands, of persons or corporations may be taken for the construc-
tion and uses of railways and other works of intei*nal improve-
ment, ratified September 22, 1868.

Approved March 12, 1872.

No. 130. AX ACT to Amend ax Act extitled "An Apt Providing
FOR the General Elections, and the Manner of Conduct-
ing, the Same."

Section 1. Be it enacted by the Senate and Ilou-se of Re])re.sen-.
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That all
general and special elections, held pursuant to the Constitution of
this State, shall be regulated aud conducted according to the rules,
principles and provisions herein prescribed.

OF SOUTH CAROLINA. 171

Skc. 2. The CominissioinTs of Eluction .«liiill provide; niio l)o.\ for ^- ^'- ' '-•
ciich election preeinet. An opening .<li:ill he rnaile in the lid of the
bi.x, not larger thiiu shall be sufficient for a single ballot to be in- Buiiot boxes,
sorted therein at one time, throiigh ^vhieh each ballot received,
proper to be placed in such box, .«hall be inserted by the person
voting, and by no other. Each box shall be provided with a sutii-
cient lock, and such box shall be jjublicly opened and inspected, to
see that it is empty and secure, and then locked just before the
opening of the poll, and the keys returned to the iNIanagers, and
shall not be opened during the election. Eacb box for such pre-
cinct shall be labelled as follows: "Congress," "State," "Circuit,"
and " County Officers."

Sec. 3. At the close of the election, the Managers and Clerk Manner

-luill immediately proceed, publicly, to open the ballot box and voie3!°""*'"^
count the ballots therein, and continue such count, without ad-
journment or interruption, until the same is completed, and make
such statement of the result thereof, and sign the same, as the
nature of the election sliall require. If, in counting, two or more
like ballots shall be found folded together compactly, only one
shall be counted, and the others destroyed; but, if they bear dif-
ferent nam&<, the same shall be destroyed, and not counted. If
more ballots shall be found, on opening the box, than there are
names on the poll list, all the ballots shall be returned to the
box and thoroughly mixed together, and one of the Managers, or
the Clerk, shall, without seeing the ballots, draw therefrom, and
immediately destroy, a.s many ballots as there are in excess of the
number of names on the poll list. Within three days thereafter, (leifJla-^^Tox^
the Chairman of the Board of Managers, or one of them, to be j'o^' commis-
designated in writing by the Board, shall deliver to the Commis- siomrs.
sioners of Election the poll list, the boxes containing the ballots,
and a written statement of the result of the election in his precinct.

Sec. 4. After the final adjournment of the Board of County
Canvassers, and within the time i)ro.scribed in this Act, the Chair- to^/>eTont*i?y
iiaii of said Board shall forward, addressed to the Governor and n^essenger.
Secretary of State, by a messenger, the returns, poll list, and all
papers appertaining to the election. The said messenger to be paid
his actual expenses upon a certificate to be furnished him by the pn^.,,,^.,,^ ^j
Secn^tary of State. Said certificate shall be paid <nit of the funds incsk-nger.
jmividcd for the payment of Commissioners and Maiuig^rs of Elec-
tion.

Sec. 6. All Acts or \mTts of Ai'ts in any way conllicting with this
Act are hereby repealed.

Approved March 12, 1872.

172 STATUTES AT LARGE

A. I). 1972 ^^Jf ^QT TO InCOHPORATE THE SolTlI CaKoLIXA AGRICULTURAL

'7^ ^, ~ College AN'i) Miv II \Nf(.-.' In-hiitk.

ISO. lol.

Section 1. Be it enaded Uy the Senate and House of Kcpresen-
tatives of the State of Soutli Carolina, now niet jukI sitting in Gene-
A'-Ticuiturfii ^^^ Assembly, and by the authority of the same, That a College
Shed." *^*'''^' '"^^ Institute of ^Mechanical Arts be estahli.shed at Orangeburg, in
eonnection with the Claflin University, to be called the South Caro-
lina Agricultural College and Mechanics' Institute, in accordance
with the provisions of the Act of Congress, passed July 2. 1862,
and all Acts amendatory thereto. The design of the Institution
shall be to afford instruction in practical and theoretical agricul-
ture, mechanical art and military tactics and training.

Trustees, Sec. 2. That the supervision and control of the institution afore-
election of, '

said shall be vested in a Board of Trustees, in connection with the
Board of Trustees of the Claflin University, to be known by the
name, style, and title oF the Board of Trustees of the South Caro-
lina Agricultural College and Mechanics' Institute ; said Board
shall consist of nine (9) members, and shall be chosen by joint bal-
lot of the General Assembly : Provided, That the first Board of
Trustees shall be appointed by the Governor, as follows: The first
flce?'^™ ° °' three shall be elected for a term of three (3) years; the second
three for two (2) years ; and the third three for one (1) year; and
the General Assembly shall, annually thereafter, elect, by joint
ballot, three (3) members of each Board, whose terra of office shall
be three (3) years; said Board may elect its own Chairman. The
Trustees thus appointed and elected shall, in connection with those
of the Claflin University, constitute one Board, and may elect a
Chairman. A majority of the Board shall constitute a quorum for
ShaH re- the transaction of business. Thev shall receive no compensation,

ceive no com- _ _ _ • ' _

pensatiou. but shall be paid their traveling and other expenses while em-
ployed on the busine^ of the Board.

General pow- ^^^- '"' ^^'^ ^^^^ Board of Trustees shall be a body corporate,
®^^' capable in law* of suing and being sued, holding and selling real,

personal and mixed property, of contracting and being contracted
with, of having and using a corporate seal, and of causing all things
to be done to carry out the purposes of this Act.
Vacancies, Sec. 4. Should any vacancy occur in said Board of Trustees, it
shall be filled by the remaining members of the Board.

Sec. 5. It shall be the duty of the Board of Trustees to meet and
^ ^ * organize, within thirty days after the passage of this Act, at the
call of the Governor of the State, or of any two members of the
Board.

OF SOUTH CAROLINA, 173

Skc. G. The Logishiture .-^IkiII iippoint a Board of Visitors hi-oii- ^ ^- '''"'-•
iiially, who shall report each year upon the condition and efficiency "^ ^
of tlii-s Inetitution. visiiora.

8i:c. 7. The Board of Trustees shall appoint a Secretary and

Troa.snrer, neither of whom shall be a member of said Board. These n"*! Tr»'iis.n-

„- 1 11 1 • 1 • 111 -11 o , '■"'■» rowers

ofhccrs sliall be rei|mrc(l to give sucli bond a.s will secure a safe ad- imi <iutifs of.

n'.ini.stration of tluir duties. The Secretary shall also fill the oflicc
of general Superintendent of this In><titution, upon whom shall de-
volve a power of general administration overall the property of this
corporation, for itri better perservatiou and improvement, and who
shall also have the power, at any time, to call a meeting of the
Board of Trustees: Provided, That no power herein granted to the
Secretary shall extend to muking any material changes, except with
the concurrence and authority of the Board of Trustees. The sala-
ries of these officers shall be determined by the Board.

Sec. 8. Whenever the Board of Trustees report that they are or-
gauizeil, and prepared for action, the Governor shall execute a draft ^i' T?''"*?'" ^?

c ' I 1 exe'Utp <ira t

on the State Treasury for the amount of interest due on the fund in- fo; a'l'onnt of

•'_ _ interest flue

vested under the provisions of the Act of Congress, and which shall "" fnmu
be under their entire and exclusive control, as likewise shall all in- Sjji,i funds
terest afterwards accruing from said fund. They shall, also, have un'l.'r* "t'T-ir
full control of all moneys donated, appropriations, lands or property ^^^^'"sive con-
whatsoever, coming into the possession of this corporation.

Sf.c. 9. The Secretary shall reside on the grounds of the institu-

. . ° Spec'ial fin-

tion, and besides exercising a general supervision over all the prop- t'«^ "f -ecre-

rrty under his care, shall keep a complete system of records. He
-liall open correspondence with societies for the promotion of agri-
culture, and make use of such means to elicit information upon all
industrial topics as shall be conducive to the material welfare of the
College. He shall seek to obtain such contributions lor tlie mu-
seums and library of said College as shall benefit the interest of
agriculture and other industrial arts and sciences. He shall also
keep a correct account of all the proceedings of the Board, and an
accurate account of all the moneys received in the Treasury, as well §1,^,, Hnnnni-
as those paid out. The Secretary shall report to the Legislature at tt-l'iui^Ve'*'
every regular session, which shall embrace 'all such statements, ac-
counts, statistics, essays, and other information relative to agricul-
ture, as may be valuable, and, also, the proceedings of the Board of
Trustees of said College, to be approved by said Board.

Skc. 10. The Board of Trustees shall procure a site for an experi- Tinstrrs to
mental farm, of such size as they may deem necessary, to be located «-xp!HuKntni
as near as practicable to the present location of the Claflin Univer- """'
sity, so as to combine, as much as possible, practical training with
theoretical instruction in the science and art of agriculture. To carry

of students.

174 STATUTES AT LARGE

A. D. i^::-:. out tJie foregoing' provisi(»n, the Board are authori/AMl to oxpciiil a
^ sutu not to exceed one-tenth of the amount of the fund to which this

State is entitled under the Act of Congress.
Admission Sec. 11. Students shall bc admitted into said College from cnch
County, after a competitive examination amon;.^ the scholars belong-
ing to the public schools iu such County, in proportion to the num-
ber of the reprcr-entation in the Li^gislature. The time and manner
of conducting said competitive examinations to be regulated by the
Board of Trustees: Provided, That no Student shall be allowed to
enter the College who?e qualification is below the standanl of the
class to which he shall be aissigned. Provij^ion shall, also, be made
for receiving Students from any school, or other source, Avhose qual-
ification shall fit them for entering the cla.-sses to which admission is
sought. Special Students who wish to pursue any particular branch,
but who do not desire any degree, may be admitted to study under
such terras as the Board shall regulate.

, Sec. 12. The course of instruction shall include the English lan-
Course of ... ...

instruction, guage and literature, mathematics, civil, mechanical and military

engineering, agricultural chemistry, mineralogy, animal and vegeta-
ble anatomy, and physiology, veterinary art, entomology, geology,
political, rural and household economy, horticulture, moral and
natural philosophy, history, bookkeeping, military training and
tactics, and especially the application of science and the mechanical
arts to practical agriculture iu the field,
coiippeun- Sec. 13. That the College shall not be controlled to serve secta-

sectarmn. ^j^^^ ^^, political party interests, but shall be conducted for the pro-
motion of the general good of the State, as provided for in this Act
and the Act of Congress of which this forms a part.
Current Sec. 14. For the current expenditures of said College, certain

providei/'for. suuis of mouey shall be set aside in the hands of the Trea.-;urer by
the Board of Trustees, which shall be subject to the warrants of the
Chairman of the Board, drawn in pursuance of the orders of the
Board of Trustees. All incomes resulting irom labor, or other
sources, shall be paid into the Treasury of the College. All moneys
due to the Institution; of received in its behalf, shall be collected
and received by the Secretary, anddeposite*! by him with the Treas-
urer of the State Board of Trustees, taking his receipt therefor. The

report"'^"*^''^' Secretary shall, with his annual report, render a full and complete
account of all moneys received, and all warrants drawn on the Treas-
urer by him as Secretary of the Board, and shall file and preserve
all vouchers, receipts, correspondence, and other papers relating
thereto.

OF SOUTH CAROLINA.

175

Si:c. I-'), The Cullcgt! sliall have no connectidii whatever with, ^- ^^- ''^-•
nor be in any way controlled hy, a sectarian deuoniinatiou.

Approved March 12, 1872.

AX ACT TO Establish a Public Fjbrry

County.

IN Fairfilld No. 132.

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same, That the ferry commoulv .Ferry vested
1 << T-» 1 -M J T-1 )) , 1 /-I IT-.' .* i'l Jus. Johu-

known as Rocky Mount Terry, across the Catawba River, in .^on.

Fairtiekl County, shall be, and the same is hereby, established a

l)ublic ferry, and vested in James Johnson, his heirs, executors

and a.*signs, until repealed, with the privilege of collecting

the following rates of toll, to wit: For each wagon drawn by four

horses, mules or oxen, seventy-five cents ; for each wagon drawn by

three horses, mules or oxen, sixty-five cents; for each wagon drawn

by two hoi'ses, mules or oxen, fifty cents ; for each wagon, carriage

or buggy drawn by one horse, mule or ox, twenty-five cents ; for

each man on horseback, ten cents ; for each foot passenger, five

cents: Provided, That children going to and returning from school, Proviso.

and voters going to and returning from the polls on election day,

shall be passed free.

Approved March 12, 1872.

AX AC;T AuTrroRizrNG James C. Thompson and "Wife, Xo. 133.
ELrzAHKTir Thompson, to Adopt the Child of ^[ary
Couch, Give rr the Name of James Lawrence Orr
Thompson, and Make it His Lawful Heir.

Be it enacted by the Senate and ILuise of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authoritv of the same, That James C. Thompson and

' " ' Permltteu

his wife, Elizabeth Thompson, be, and tliev are hereby, authorized tou.ioptchiiii
, , , , 1 -1 1 r. IT ■ /-, , . . o:Miiry Couch

anil empowered to adopt the cliild ol 3lary Couch, to give it the

name of James Lawrence Orr Thompson, and to make it their law-
ful heir.

Approved March 12, 1872.

176 STATUTES AT LAllGE

A. n. IR7). ^VN ACT TO AuTifoiJi/E THi: Fohmation ok, and to Ikcorpo-

rr ^CTT KATK, TIIL: Si'AliTANUUHC AND AlKKN KaILROAD.

• ^o. I'-U.

Whereas it is (le>ira])le that there should be a conaection by rail-
road between the town of Aiken and the town of Edgefield, the
village of Ninety-Six, utuI the towns of Laurens and Hpartanburg,
in thi.s State; therefore.

Section 1. Be it enacted by the Senate and House of R^reson-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, That the for-
mation of a corporate company is hereby authorized, for the ]iur-
corporatiou."^ P^*^*^ ^^ Constructing a railroad to connect the toivn-of Aiken, the
town of Edgefield, the village of Ninety-Six, the town of Laurens,
and the town of Spartanburg, with the privilege of extending the
same to the town of Hamburg, in such manner as may be deter-
mined by said company.

Sec. 2. That for the purpose of raising the capital stock of said

Books of • 1 11 1 1 ;. 1 1 1 " 1 n ly

subscription, Company, It shall be lawful to open books at the town or Spartan-
direction, burg, under the direction of G. Cannon, J, H. Evans, Alfred Tol-
lisou, D. R. Duncan, S. Bobo and Joseph "Walker ; at the town of
Laurens, under Y. J. P. Owens, J. "NV. Fowler, Joseph Crews, Dr.
John Henry and H. L. McGowan ; at the village of Ninety-Six,
under Thos. Talbert, Dr. "W. A. Lirabecker, J. A. Stuart, Thomas
Lake, Augustus Griffin and P. R. Rivers ; at the town of Edge-
field, under Lawrence Cain, M. L. Bonhara, William T. Gary, A.
J. Norris, Dr. John A. Barker and Parris Simpkins ; at the village
of Aiken, under J. N. Hayne, E. J. C. Wood, R. B. Elliott, C. D.
Hayne, E. Ferguson, J. S. Shuck, P. G. Rockwell and Henry
Sparnick ; in the city of Augusta, under John J. Cohen, James A.
Gray, Josiali Sibley, Charles W. Harris, Dr. J. A. Miller ; and at
such other places in the Counties of Spartanburg, Laurens, Abbe-
ville, Edgefield and Aiken, and under the direction of such other
person as the Commissioners in the respective Counties herein above
named may designate, for the purpose of securing subscri[»tions to
an amount not exceeding two million five hvuidred thousand dollars,
Capital stock, in shares of one hundred dollars each, to constitute a joint capital
stofk, for the purpose of constructing and carrying into operation
the said railroad, and, on each share of individual stock, the sub-
scriber shall pay to the Commissioners, who shall be authorized to
take the same, the sum of five dollars, lawful money of the I'nited
States.

Sec. 3. That when the sum of one hundred thousand dollars shall
moot to or- have been sultscribed, in the manner before specified, the subscrib-
ers shall be, and they are hereby, declared a body cor]iorate, to be
known by the name and style of the " Spartanburg and Aiken

OF SOUTH CAROLINA. 177 ,

Rallro:xfl Company," and may meet and orj^'anize said company, at ^•- ^'- """-•
sucli time and j)lace as may be dosignated by the Commissioners for
tlie town of Spartanlnirg, hereinbefore named.

Skc. 4. That, for the purpose of organi/ing said company, all Kntitied to

' ' ' )- a I J 1 l)rivil' Ki'w.

such powers as are conferred bv tlie charter of the Greenville and &c., conf«Mi;jMi

I _ ' _ . _ on Gri'divine

Columbia Railroad CiHupany, and the Commissioners at Greenville, and Coiumijiu

' • , . . . Itallroad.

shall be, and arc hereby, conferred upon tlie Commissioners herein

appointed at the town of Spartanburg ; and all the powers, rights
and privileges granted by the said charter and its amendments to
the "Greenville and Columbia Railroad Company," shall be, and
they are hereby, granted to the " Spartanburg and Aiken Railroa<l
Company," and subject to like restrictions as are therein contained,
except as to the capital stock, the sum necessary to authorize the
organization, and the amount of shares, except so far as may be
necessary to conform to the special provisions of this Act : Provided,
however. That nothing herein contained shall be so construed as to
bind the State to subscribe stock in said company, or make any ap-
propriations to enable the said company to build said road, or in
any manner to loan the credit of the State thereto : Provided, fur-
ther, That nothing herein contained shall be so construed as to exempt
the said company from the jn'ovisious of Section 1 of Chapter 4;> of
the General Statutes.

Sec. o. That said company is authorized to receive subscription „ ,

^ •' ' Subsciip-

to its capital stock in lands or labor, as may be agreed upon be- tions may i»e

. , 1 . 1 , M ■, * . , ivceived in

tween said company and said subscribers ; and may acquire by grant, land or laijor.
purchase, lease or otherwise, any estate, real or personal, whatso-
ever, and the same to hold, use, sell, convey and dispose of as the
interest of said company may require.

Approved March 12, 1872.

AN ACT TO Incorporate the Gowensville Lodce, No. 107, No. lo-5.
Ancient Free Masons, or South Carolina.

Section 1. Be it enacted by the Senate and House of Represen- •

tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That the officers corporators,
and members that now are, or hereafter may be, their associates
and successors, shall be known in law under the name and style of xitie.
the Gowensville Lodge, No. 107, Ancient Free Masons, of the State
of South Carolina, and, under their corporate capacity, to hold any
personal or real estate, and to sell or dispose of the same at i)lea- privileges. "
12

178 STATUTES AT LARGE

A- D. 1^72. gure; to sue and be sued, plead and be impleaded; that they may
enjoy all the rights and privileges as granted to such like corpora-
tions by law, with liberty to have a common seal, and alter the same
at will ; to enact such rules and by-laws, for the government of their
order, not repugnant to the laws of the land.

Sec. 2. That this Act shall be deemed a public Act, and remain in
force until repealed.

Approved March 12, 1872.

Xo. 136. AJs ACT TO Amesd ax Act entitled " Ax Act to Ixcorpo-

EATE THE WaCCA3IAW AKD LiTTE RiTER CaXAL CoMPAXY."

Sectiox 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
^me^^ ral Assembly, and by the authority of the same. That the Act
business. entitled " An Act to incorporate the Waccamaw and Little River
Canal Company," be, and is hereby, amended a? follows : Strike
out, on the fourth line, in Section 3, all after " as," and insert, in
lieu thereof, " That said company may commence business a* soon
as fifty per cent of its capital stock L? subscribed, and ten per cent.
of the same is paid up."

Sex:. 2. Add to Section 6 : " That the said company shall have
Bigiittonse the right to use or dispose of such portion of its waters, lands or
ievs, lands, other property, as it may see fit, for manu&cturing, hydraulic, or
other purposes.

Approved March 12, 1872.

Xo. 137. AN ACT TO Alter axd Amexd the Charter of the Towy

OF Pexdletox.

Sectios 1. Beit enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral A^embly, and bv the authoritv of the same, That all persons.
Corporators. /.,tt-jo i' • ■,

citizea? of the United States, who now reside, or may hereafter re-
side, in the village of Pendleton, shall be deemed, and are hereby
declared, a body corporate and politic; and the said village shall

OF SOUTH CAROLES'A.

179

be called and known by the name of Pendleton ; and iis limits shall
be held and deemed to extend for one mile in every direction from
the Farmers' Hall.

Sec. 2. That the said village shall be governed by an Intendant
and four "Wardens, who shall be elected on the fourth Monday in
September, and continue in office until the second Monday in Sep-
tember next, or until their succe^ors are qualified, on which day,
as well as on the second ^londay in September of every year there-
after, an election shall be held for an intendant and four Wardens,
at such place as the Intendant and Wardens shall designate, thirty
days' notice being previously given ; and that all male inhabitdnts
of the Siiid village, who have attained the age of twenty-one years,
and have resided therein three months previous to the election, shall
be entitled to vote for the said Intendant and Wardens ; the elec-
tion to be held from ten o'clock in the morning until two o'clock in
the afternoon ; and when the polls shall be closed the Manager
shall count the ballots, and proclaim the election, and give notice
thereof, in writing, to the persons elected ; and that the Intendant
and Wardens, for the time being, shall alw^ays appoint three Mana-
gers to hold the ensuing election ; that the Intendant and Wardens,
before entering upon the duties of their offices, shall take the fol-
lowing oath, to wit: "As Intendant (or Warden) of Pendleton,
I will support and defend the Constitution of the United States,
and this State, and equally and impartially, to the best of my
skill and ability, exercise the trust reposed in me, and will use my
best endeavors to preserve the peace, and carry into effect, accord-
ing to law, the purpose of my appointment : So help me God."

Sec. 3. That, in case a vacancy shall occur in the office of In-
tendant or Wardens, by death, resignation, removal from office, or
absence from the State, an election shall be held by the appoint-
ment of the Intendant and Wardens, as the case may be, thirty
days' previous notice being given ; and, in ciise of the sickness or
temporary absence of the Intendant, the Wardens, forming a Coun-
cil, shall be empowered to elect one of themselves to act as Inten-
dant during the time.

Sec. 4. That the Intendant and Wardens duly elected and quali-
fied shall, during their term of service, severally and respectively,
be vested with all the powers of Trial Justices of this State, within
the limits of the said village, except in trials of civil cases ; that
the Intendant shall, as often as occasion may require, summon the
Wardens to meet him in Council, a majority of whom shall consti-
tute a quorum for the transaction of business, and shall be known
by the name of the Town Council of Pendleton ; and they and
their successoi-s in office shall have a common seal, and shall have

Election.

Electors.

Managers.

Oatb of of-
fice.

Vacancies.

Judicial pow-
ers.

General pow-
ers.

180

STATUTES AT LARGE

A. D. 1872.

Constables.

Police regir
lations.

Fines.

Nuisances.

Licenses.

power and authority to appoint, from time to time, such and so
many proper persons to act as Constables as they shall deem expe-
dient and proper, which Constabk's shall have all the powers, privi-
leges and emoluments, and be subject to all the duties, penalties
and regulations provided by the laws of this State for the office of
Constable ; and the Inteudant and Wardens in Council shall have
power, under their corporate seal, to ordain and establish all such
rules, by-laws and ordinances, respecting the streets, ways, market
and police of such village, as''&hall appear to them proper for the
security, welfare and convenience of the village, and for preserving
health, peace, order and good government within the same ; and
the said Council may affix fines for ofieuses against such by-laws
and ordinances, and appropriate them to the use of the corporation ;
but no fine shall exceed twenty dollars ; and when fines shall ex-
ceed ten dollars, they may be recovered in the Court of Sessions for
Andei'son County ; and when they are of the amount of ten dol-
lars, or under, they may be recovered before the Intendant and
Wardens : Provided, Nothing herein contained shall empower the
said corporation to ordain or establish any by-laws or ordinances
inconsistent with, or repugnant to, the laws of this State ; and all
such by-laws and ordinances shall, at all times, be subject to the re-
visal or repeal of the Legislature.

Sec. 5. That the said Inteudant and Wardens shall have power
to abate and remove nuisances within the said limits, and to classify
and arrange the inhabitants liable to police duty, and to require
them to perforin such duty as often as occasion may require, and to
enforce the performance thereof, under the same penalties as are
now or may be hereafter established by law ; and that the said In-
teudant and Wardens, or any of them, upon view thereof, or upon
complaint lodged, on oath, are hereby required and authorized to
issue warrants against all offenders, and cause them to be brought
before them, or him; and, upon an examination, shall either release,
admit to bail, if the offense be bailable, or commit to jail, such offen-
ders, as the case may require ; and the Sheriff of Anderson County
is hereby required to receive and keep the person so committed un-
til discharged by due course of law. And that the said Inteudant
and Wardens shall, collectively and severally, have cognizance,
within the said corporate limits, in all criminal cases, as Justices of
the Peace and Q.uorum have according to law.

Sec. 6. That the Intendant and Wardens of the said town shall
have full and only power to grant or refuse license to retail spiritu-
ous liquors within the said limits, which license shall be granted in
the same manner, and uj)on the same conditions, as thoy are now, or
may hereafter be, under the laws of this State, except that the

OF SOUTH CAROLINA.

Town Council tilmll have power to reguhite the price of license to
keep taverns and to retail epirituous liijuors: J'roruled, That in
no instance the price of a license so to keep tavern or retail apiritu- •
ous liquors shall be fixed at a less sum than is estahlished by the
laws of the State ; and all the powers Ibrraerly vested in the Com-
missioners of Roads are hereby granted to the said Intendant and
"Wanlcns within the said limits ; and all moneys paid for licenses,
and lor lines and forfeitures for retailing spirituous licpiors, keeping
taverns and billiard tables within the said limits without license,
shall be appropriated to the use of said corporation.

Skc:. 7. That the said Intendant and Wardens shall have pi)wer Road duty,
to compound with pei-sons liable to work on said roads, streets and
alleys, to release such persons as may desire it, upon a fair
ecpiivalent tiierefbr, to be applied by them to the use of the said
corporation ; and no person residing within the said limits shall
be liable to work on any road without said limits, or to be taxed
or a^^sessed for the same.

Sec. 8. That the Town Council of Pendleton shall have power Annual tax-
to impose an annual tax upon the keepers of billiard tables and
ten-pin alleys, or any other pin alleys, within the discretion of
said Council, and to grant or refuse license for the L-ame, upon
such terms and conditions, and subject to such I'egulations, aa
they may by ordinances establish. They shall also have power
to impose a tax, within their discretion, on all sales made by
itinerant; traders and auctioneers, on all public drays, wagons,
carriages, omnibuses, and other vehicles kept for hire, and on
the ovviier or possessor of all dogs, hogs, sheep, goats and cattle
kept within the corporate limits of saiil town. The said Town
Council shall have power to impose an annual tax on the iiraount
of all sales of goods, wares, merchandise, and also on the amount
of income arising from all factorage and mechanical em})loyments,
faculties and professions, including the profession of dentistry :
Provided, That no tax shall be imposed in any one year to ex-
ceed the rate of twenty cents on each hundred dollars of the
value of such sales and income ; and the said Town Council shall
also have power to impose a tax upon all persons who shall open any
room or ear for the purpose of taking daguerreotypes or other
likenesses, within the corporate limits of said town ; and the said
Town Council .shall have the power to impose an annual tax, not
exceeding twenty cents on every hundred dollars of the value of
all real estate lying within the corporate limits of said town, the
real estate of churches and school lujsociations excepted ; and for
I hat purpose they shall appoint three freeholders, resident therein,
to assess the value of .<aid real estate, upon oath, ai\d return the

182 STATUTES AT LARGE

A. n. i>'7-2. assessment, within one month, to said Council, for taxation, and to
""^"^^^^ fill any vacancy occasioned by the death, resignation, refusal to
serve, or removal from office of the said Assessors ; and any person
who shall refuse to act as Assessor, upon being ai)pointcd by the
Council, may be fined any sum not exceeding twenty dollars; and
the said Council shall have power to regulate the price of license
upon all public shows and exhibitions in said town ; and to erect a
powder magazine, and to compel any person holding more than
twenty-five pounds of powder to store the same therein, and to make
regulations for rates of storage thereof, and for keeping and deliver-
ing the same; and the said Town Council shall have power to en-
force the payment of all taxes and assessments, levied under the
authority of this Act, against the property and persons of defaul-
xecu ions. ^.^^.^^ ^^^ ^1^^ same extent, and in the same manner, as is provided by
law for the collection of the general State tax, except that execu-
tions to enforce the payment of the town taxes shall be issued under
the seal of the corporation, and directed to the Town ^Marshal, or
other person specially appointed by the said Town Council to col-
lect the same ; and all property upon which a tax shall be levied
and assessed is hereby declared and made liable for the payment of
same in preference to other debts due by the persons owning such
property at the time of the assessment, except debts due the State,
which shall be fiist paid; that the said Town Council shall have
power, with the consent of the adjacent land owners, to close all
such roads, streets and ways within the said town, as they may deem
necessary, by sale of the freehold therein, either at public or private
sale, as they adjudge best for the interest of the said town; and they
shall have power to lay out, adopt, open and keep in repair all such
new streets, roads and ways, from time to time, as they may deem
important or necessary for the improvement of said town: Provided,
That no new street, road or way, shall be opened without first hav-
ing obtained the consent of the land owner or owners through
whose premises any such now street, road or way may pass.

Skc. 9. That this Act shall be taken and deemed as a public Act
in all Courts of Justice, and shall continue in force until repealed.

Approved !March 12, 1872.

New streets.

No. 138. AN ACT to Amexd ax Act extitled " An Act to Renew and
Amend the Charter of the Town of Mount Pleasant."

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That the said

OF SOUTH CAROLINA. 1M3

Town Council shall Imvc power to ])orrow money for the public use ^- ^^- "'"'-•

of the corponition, by issuing, from time U) time, us occasion may . . j„.„j.

require, the bonds of said corporation, bearing interest at a rate not J?*", piovideu

to exceed ten per centum ])er annum, to be paid semi-annually, for an

amount not to exceed the sum of two thousand dollars; and for the

payment of the interest, and the ultimate redemption of the principal,

according to the terms of the loan, the said corporation shall, at all

times, be liable : Provided, That the private property of the inhab- I'roviso.

itants (if said town shall be ])ound for the redemption of said loan

in uo other way than by the imposition of an annual tax, according

to the provisions of this Act.

Sec. 2. That the corporate limit'^ of the town of Mount Pleasant Limits ex-

... ,. teiiclecl.

be, and the same is hereby, extended by continuing the eastern line
of Boundary Street northwardly to Shem Creek, from which point
tlie said creek and the w'aters of Charleston harbor shall be the
liounchiry.

Sec. 3, That the Town Council of Mount Pleasant shall have Annual tux.
l)ower to impose and collect an annual tax upon the assessed pro-
l)erty of said town : Provided, 'No tax shall be imposed in any one
year to exceed the rate of fifty cents on each hundred d<d]ars of
such assessed property ; and that the money, so raised, shall be
a])plied to the use of the said town. The said Town Council shall Executions,
have the power to enforce the payment of all taxes, levied by the
said Town Council, to the same extent, and in the same manner, as
is now, or hereafter shall be, provided by law for the collection of
the general State taxes.

Sec. 4. All Acts and parts of Acts, inconsistent with the provis-
ions of this Act, are hereby repealed.

Approved March 12, 1872.

AN ACT Lk<;alizing Certain Marriages, and for other No. loll
Purposes Therein Mentioned.

Section 1. Be it enacted l)y the Senate and House of Repre- , conforrin"
sentatives of the State of South Carolina, now met and sitting in p,l,.^on3''"tV^o
General Assemblv, and bv the authoritv of the same, That all i)er- »'>-;''*'* "'"J.
sons in the State of South Carolina who, previous to their actual """liJigu-
emancipation, had undertaken and agreed to occupy the relation to
each other of husbaml and wife, and are cohabiting as such, or in
any way recognizing the relation as still existing at the lime of the
passage of this Act, whether the rite.s of marriage have been cele-

184 STATUTES AT LAiaJK

A D. 1-7J. lirateil or not, shall be deeraed liiisbund and wife, and he tiititled to
'' all the rights and privileges, and be suhjeet to all the dnties and

obligations of that relation, in like manner as if they had been
duly married according to law.

Sec. 2. And all of their children shall be deemed legitimate,
Legitiiniiti- whether born before or after the passage of this Act: and when the

ziiifi certain . « o >

chiiaren. parties have ceased to cohabit before the pa.ssage of this Act, in con-
sequence of the death of the woman, or from other cause, all of the chil-
dren of the woman recognized by the man to be his shall be deeraed
legitimate: Provichd, however^ That no provision of this Act shall
be deemed to extend to persons who have agreed to live in concubin-
age after their emancipation.

Sec. 3. All Acts or parts of Acts inconsistent with this Act are
hereby repealed.

Approved March 12, 1872.

Proviso.

No. 1-40. AN ACT TO Ixcoeporate the Reedy River Baptist Church,

OF Greenville County.

Section 1. Beit enacted by the Senate and House of Represen-
Coi-porators. tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same. That T. W.
Roe, Stephen Marchbanks, Barnet Hawkins, and their associates
and successors, are hereby made a body corporate and politic, under
^**^®- the name and style of the " Reedy River Baptist Church, of Green-

ville County," with all the powers and privileges vested in such
like corporations by law ; to sue and be sued, plead and be impleaded,
p , in their corporate capacity ; to have a common seal, and alter the

privileges. .same at will ; to enact such rules and by-laws, for the government
of their body, not repugnant to the laws of the land.

Sec. 2. This Act to be deemed a public Act, and continue in
force until repealed.

Approved March 12, 1872.

No. 141. AN ACT to Incorporate the Lancaster Riflemen.

Section 1. Be it enact id by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
Corporators, ral Assembly, and by the authority of the same, That R. W. Cou"

OF SOUTH CAROLINA. 185

sart, F. A. Clinton, A. Hutson.C. L. Jones, Ran.lall H. Sapps, AVin. ^ D. 1672.
oMcKeinia, J, F. G. Mittag and John Q. Cousart, ami tlicir as.'^o- ^- ""

ciates and successors, are hereby made and created a body politic
and corporate, under the name and style of the Lancaster Rifle- Title.

men.

Sicc. 2. And said corporation shall have power to make by-laws, Powora ^nd
^ 11 1 . privileges,

not repugnant to the laws of the land ; and shall have succession of

officers and members, according to their election ; and to keep and

use a common seal, and the same to alter at will ; to sue and be

sued in any Court of this State; to have and enjoy every right,

power and privilege incident to such corporations; and it is hereby

empowered to acquire, retain and enjoy all such property, real and

j)ersonal, as may be given or bequeathed to or purchased by it, and

to soil, convey or mortgage the same, or any part thereof, at will.

Sec. 3. That the said corporation may, from time to time, invest investment
the moneys, assets, or any j)roperty which it may acquire, in such ° ^"" '^' ^'
real or personal property, lands, stocks, or in sureties, in such sums,
and on such terms and conditions, as it may deem proper, and to ex-
ecute bonds, etc., under its corporate seal : Provided, That the max-
imum value of all property held and owned by said corporation
shall not exceed twenty-five thousand (25,000) dollars.

Sec. 4. That this Act shall continue in force during fifteen (15)
years, and may be given in evidence without being specially
})lea<]cd.

Approved March 12, 1872.

AN ACT TO Reopen a Public IIioinvAY in Richland Uq. 142.

County.

Be it enacted by the Senate and House of Representatives of
the State of South Carolina, now met and sitting in General As-
sembly, and by the authority of the same, That the County Com- Gadsden
missioners of the County of Richland be, and they are hereby, J/,'"'^ re-open-
authorized to cau.se to be re-opened the old Gadsden Road, com-
mencing at a point near Jones' Crossing, on the McCord's Ferry
Road, and ending at the Gadsden Depot, on the South Carolina
Railroatl.

Approved :\Iarch VI, 1872.

STATUTES AT LARGE

AN ACT TO LvcoiiroKATE Tin: Kivers Guards, of Hambubo,
South Caholixa.

No. 143. Section 1. lie it enacted by the Senate and House of Represen
tatives of the State of South Carolina, now met and sitting in Gen-
corpoiators. ^,^,,| Assembly, and by the authority of the same, Tiiat John Wil-
liams, Lewis Cartlfd>^a*, Cato Mt-Graw, James Coleman, and their
successors and associates, are hereby incorporated and made and
declared a body politic and corporate, in deed and in law, by
Corporate the name and style of the " Rivers Guards,'' of Hamburg, South
Carolina ; and, as such body politic and corporate, shall have
power to make, use, have and keep a common seal, and the same

Powers anri at will to alter ; to make all necessary by-laws, not rciJU^naut to the
privileges. . . j j > t b

Constitution and laws of this State ; and to have succession of officers

and members, conformable to such by-laws ; to sue and he sued,

plead and be impleaded, in any Court of competent jurisdiction;

and to liave, use and enjoy all other rights, and be subject to all

other liabilities, incident to bodies corporate.

Sec. 2. This Act shall be deemed and taken to be a public Act,

and shall continue in force, from and after its passage, for the space

of ninety-nine yeai*s.

Approved March 12, 1872.

No. 144. AN ACT to Provide for a Uniform System of School

Records.

Section 1. Be it enacted by the-Senate and House of Represen-
tatives of the State of South Carolina, now mot and sitting in Gen-
eral Assembly, and by the authority of the same. That the Suite

Uniform sys- . . .

tern of school Superintendent of Education of the State of South Carolina be,
re 'orils to be , , . , , i • i i i i i- i i

pubiishefiand and he IS hereby, authorized to prepare and cause to be published

distributed. i t -i i i i • r- n j ^ ^

and distributed a complete and uniform .system oi school records
and blank forms, for the use of the olKccrs and teachers of the free
common schools of this State.

Sec. 2. That, for the purpose of carrying out the provisions of
*7,ono appro Section 1 of this Act, the sum of .seven thousand (7,000) tlolJars

iiriatedtopay , . , i ■ i >> • 7 i rr>i 1

for same. be, and the same is hereby, appropriated: rrovided, Ihat the jame
shall only be paid out on the order of the State Superintendtiit of
Education: And jtrovided, further. That no part of the said appro-
priation shall be used for any other purpose than is specified in this
Act.

OF ROUTII CAKOLINA. 187

Sec. 3. That thi.s Act shall take cHuct iraraediatcly after its pas- A.D.1872,
saije.

Approved Maix'h lo, 1M72.

AN ACT TO Establish an Infpjkior Court for the Trial of -^^^^ 245.
Criminal Cases in the County of Charleston.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, That there shall be criniinai
established in the County of Charleston an Inferior Court for the ['""''; ^'stub-

•' _ _ lisbcd.

trial of criminal cases, to be called the Criminal Court of Charles-
tun County, and which shall be organized by the Judge thereof, im-
mediately after his election.

Sec. 2. The Clerk of the Court of C'Mnmon Pleas and General cierk and
Sessions, and the Sheriff of the County, shall, respectively, be the comt of conf-
Clerk and the Sheriff of the Criminal Court, and may act in person ^°'i,e ciei"k
or by deputy. All prosecutions shall be conducted by the Attor- ga^ court! °^
ney General or the Solicitor of the Circuit to which the County of
Charleston may be attached. These ofHoers shall receive the same
fees as are now provided by law, and the Judge of the Criminal Fees.
Court shall approve their bills for services rendered in the said
Court in the same manner, and in like cases, as Judges of the Cir-
cuit Courts are now required by law.

Sec. 3. The Judge of the Criminal Court, herein provided for, judpo of
shall be elected by the General Assembly, at the present session, eiec-tion?qmT^
and immediately after the passage of this Act he shall qualify, in teviu'of onu-c
the same manner as the Circuit Judges, and shall hold his office for sition'of!^'^""
the terra of four years, and until his successor is elected and (piali-
fied. He shall receive, from the Treasury of the State, a salary of
two thousand five hundred dollars, payable in the same manner as
the salary of Circuit Judges. He shall have power to practice as
an attorney in all other C«)urt.s, except the Criminal C^urt.

Si:c. 4. The Criminal Court shall have exclusive appellate juris- Jurisdiction,
dictiun of all criminal causes from the Courts of Trial Justices for
Charleston County, and exclusive original jurisdiction of all crimi-
nal causes less than capital, and not at present conferred by law

,1 /-, . /. rr\ • 1 T • T .1 .1 1 Dniwlnsr and

u[)on tlie Courts 01 inaJ Justices. In these cases, the same laws, ciopainu-ung

f;'es, powers and practice shall prevail in the Criminal Court as in
the Court of General Sessions, and the juries shall be drawn and
einpanueled in the same manner as is provided by law for the Court

188 statutp:s at large

A. D. 1872. of General Sossious : Provided, Tliat the grand juries drawn for the

"^ ~ Court of General Sessions shall also be the grand jurit-s in the

Criminal Court.

StX'. 5. The Criminal Court srhall have the same power ami juria-

Jurisrtiition diotiou as the Court of General Sessions in reference to defaultiuij
In reference . . i • n ......

to defaiiitinf? iurors, estreating, recognizauce-s taken in all causes within its inris-

Juroi-s, roil--',. .,*'.,. ^. , . , "' ,

turn pt, Ac diction, and punishing tor contempt, and may isj?ue rules, orders
and attachments in the same manner and in like cases as the Court
of General Sessions. The Judge of the Criminal Court shall ex
o§kio have all the powers of a Trial Justice.

Sec. 6. That the Judge of the Criminal Court shall have power

May execute to execute the provisions of the habeas corpus Act, and shall also

W-ibeas'^coT- exercise jurisdiction under habeas corpus at Common Law, in all

pus Act. cases arising within the County of Charleston : Provided, That

during the session of the Court of General Sessions for the said

• County, he shall exercise no Common Law jurisdiction uuder habeas

corpus.

Sec. 7. The Criminal Court shall be a Court of Record. It shall
ai'^^co^'rt""^" ordinarily sit in the Court Room of the County Court House, anrl
Cnurt of Re- when the Court House may be occupied by the Circuit Court, a
suitable place near by shall be provided for its sittings by the
County Commiisiouers. lu case of an epidemic disease prevailing
Place of ineet- at the Court House, or fjr any other good cause, in the discretion of
"^^ the Judge, he may adjourn the Court over to a future day, or to

Acyournment Some Other place in the Couuty ; aud witnesses, jurors and all per-
sons concerned, having due notice thereof, shall attend at such time
or place.

Sec. 8. The Criminal Court shall hold four regular terms each

iar°?erms'^of Y^^^j ^^ ^'^^ ^''st Monday of January, April, July and October,

year^ ^^^^ ^^^^ term to be continued so long as business may require, and, if

necessary, to be adjourned, from time to time, in the discretion of

the Jud^e. The Judge shall also have power to hold special ses-
Special Ses- o o i i

sions. sions at any time, in his discretion, and all processes issued aud re-

cognizances taken for the next regular term shall be held to refer to
such special term, due notice having been given, by publication in
one or more of the newspapers of the County, at least ten days be-
fore the commencement of such special session.

Sec. 9. Appeals from the Criminal Courts shall lie to the Su-
Appcais. preme Court in all cases within the jurisdiction of the Criminal
Court, in like manner as is provided by law for appeals from the Cir-
cuit Court,
jndfje, im- ^^^' ^^- The Judge of the Criminal Court shall, immediately
ter'^'h/s^'eiec' ^^^^^ his election, order a special term of the Court herein consti-
a specSoterm tutcd to be held within ten days after the publication of such or-

OF SOUTH CAROLINA. 189

der ; nil casesless than capital uow on the dockets of the Courtof Gen- a. n. I872.
eral Sessions shall be transferred to the dockets of the Criminal „ , -

TninsfcT of

Court at the special term provided for in this Section. cvriain cases

Si:c. 11. All Acts or parts of Acts iucou.si^teut with this Act are
hereby repealed.

Approved March 13, 1872.

to a Id I ourU

AN ACT TO Incorporate the Damascus Baptist Church, in No. 146.
Sumter County, South Carolina.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That the mem- Corporate
bei*s of the said Society be, and they are hereby declared to be, a
body corporate, by the name and style of the " Damascus Baptist
Church," and by that name and style shall have succession of offi-
cers and members, and shall have a common seal.

Sec. 2. That the said corporation shall have power to purchase, Powers and

Drivilc'''G3»

receive and hold any real or personal estate, not exceeding in value
the sum of twenty thousand dollars, and to sell, convey and dispose
of the .same ; and, by its corporate name, may sue and be sued, in
any Court of this State ; and to make such rules and by-laws, not
repugnant to law, as it may consider necessary and expedient.

Sec. 3. This Act shall be deemed and taken to be a public Act,
and shall continue in force for the term of ninety-nine yeai-s.

Approved March 13, 1872.

AN ACT to Abolish the Office of State Auditor, andt Con- No. 147.
FER the Duties of his Office upon the Comptroller Gen-
eral.

"Whereas, a multiplicity of offices should be avoided by the State, preamble,
as well as unnecessary expenditures in keeping them up ; and,
whereas, the duties of State Auditor can be performed by the
Comptroller General without detriment to the requiromentd of his
office ; therefore,

190 STATUTES AT LARGE

A, D. 1^72. Section 1. Be it enacted by the Senate and House of Represen-

* ^'"'^ tiitivea of the State of South Carolina, now met and sitting in Gene-
OlBce of State ,, , , . «' , mm i Tp /• i

Auiiitoi- ttboi i-al Asseniblv.aud by the authoritvor thesamc. iliat the oince oi the
lulled J ' J

Slule Auditor be, and it is licreby, aboli^;iled, and the duties hither-
to devolving upon that officer shall be performed by the Comptrol-
ler General.

Sec. 2. That this Act shall take ciil'ct on and after the general

Act to take election in October, 1872, at which time the State Auditor shall
effect aftci- ,■ \ • /n 1 /-'

gouorai ciec- turn over all books, papers and accounts ot Ins omce to tlie Conip-

troller General.

Approved March 13, 1872.

No. 148. AN ACT to Amend an Act entitled "An Act to Revise,
Simplify and Abridge the Rules, Practice, Pleadings
AND Forms of the Courts of this State."

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

Cleric of Court ^ud by the authority of the same. That an Act entitled "An Act

to^eceivec.^r- ^'^ revise, .simplify and abridge the rules, practice, pleadings and

saUon"™roin ^oYOis of the Courts of this State," be, and is hereby, amended as

plaintiff. follows, viz : Insert, in Section 330, at the closeof sub-division 4 of

said Section of said Act, the following words: "And in any civil

action under this Code, Clerks of the Courts, Trial Justices and

Sheriffs shall be entitled to demand and receive of the pluintiti" in

any such action, in advance, the same compensation as is allowed

. by law."

Approved March 13, 1872.

No. 149. AN ACT to Amend an Act entitled " An Act to Amend an
Act entitled 'An Act for the Better Protection of
Migratory Fish.'"

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That Section 1
incroHis and of an Act entitled " An Act to amend an Act entitled ' An Act for
liLTe."'^'* '' " the better protection of migratory fish,'"" be, and is hereby, r mended

OF SOUTH CAROLINA. 101

8<i as to rciad as follows : " There shall be a close time in all the a. n i«72.

creeks, streams and inhmd waters of ijiig State, from the setting of ''

the sun each Friday until the rising of the sun on each Tuesday,

during which time all seines, nets or any plan or device for the

stoppage or collecting of fish, which obstruct more than two-thirds

of any stream, other than a dam for manufacturing purposes, shall

be removed from said creeks, streams or w^atcrs, and the owner, in

whole or in part, of any such obstruction, plan or device, shall be T'omutv for

liable to a fine of two hundred dollars for each and every offense, vioiution.

one-half to go to the informer, and the other half to the use of the

County in which such obstruction is found.

Sec. 2. This Act shall take effect on and after its passage.

Approved March 13, 1872.

AX ACT TO Incorporate the Charleston Laxd and Joint No. 150.
Stock Company.

Section 1. Be it enacted by the Senate and House of Represen- Corporators.
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That C. Simons,
Thomas Mathews, L. F. Campbell, Samuel Porcher and Wm. Fields,
and such other persons as may now, or hereafter shall be, associated

with them, are hereby made and declared a body politic and corpo-

, Corporate

rate, by the name and style of the Charleston Land and Joint Stock name.

Company.

Sec. 2. That the association aforesaid shall have succession of offi- General pow-

ers.
cers and members, according to its by-laws, and shall have power

to make by-laws not repugnant to the laws of the laud ; and to havc^

use and keep a common seal, and the same to alter at will ; to sue

and be sued, and j)lead and be impleaded, in any Court in this State •

it is hereby empowered to retain, possess and enjoy all such pro- f/^-^jJl;"''^ ^^^^

l)erty, nal and personal, as it may possess or be entitled to, or which property.

hereafter may be purchased or in any way acquired by it, and to

sell, alien or transfer the same.

Six;. .'5. That this Act shall be deemed a public Act, and continue

in force for the term of fourteen years.

Approved INIarch l.'>, 1^72.

192

STATUTES AT LARGE

Corporators.

Corporate
name.

Purposes of
corporation.

Capital stock.

General pow-

Agencies.

Exclusive
rights.

Not subject
to future en-
actments.

AN ACT TO Incorporate the South Carolina Real Estate
AM; Joint Stock Company,

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Geu-
eial A.ssembly, and by the authority of the same: That R. A.
iSisaon, Lewis Iloyward, Washington Ash, Lewk Wilson, P. B. Lu!=k,
Lewis Carr, Robert L. Jones, M. D. Stone, Edwin Marks, Henry
Johnson, J. H. Snyder, T. Sands, A. Boldgood, together with such
persons who now are, or maybe hereafter, associated with them, be, and
they are hereby, declared a body politic and corporate, under the
name and style of the South Carolina Real Estate and Joint Stock
Company," for the purpose of loaning out money on interest, pur-
chasing and mortgaging real estate, buying and selling or other-
wise disposing of personal property ; and they shall have the same
rights and privileges now enjoyed by banking corporations of this
State; they shall also have undisputed right to dispose of any and
all such property, real, personal or mixed, that they may become
possessed of, in any manner, and on such conditions as the said asso-
ciation, for tlieir own interest, may deem fit and proper.

Sec. 2. That the capital stock of said company shall consist of
two thousand shares, to be paid in by successive monthly install-
ments of one dollar on each share, or in such manner as their con-
stitution and by-laws may hereafter provide for; and such shares
shall be held, transferred or assigned and pledged, and the holders
thereof to be subject to such fines and forfeitures for default in their
payment, as may hereafter be provided.

Sec. 3. That said company shall have power and authority to
make any such rules and by-laws for its government ; and shall
have such members and succession of members and officers as shall
be ordained and chosen according to their said rules and by-laws
made, or to be made, by them ; shall have and keep a common seiil,
and may alter the same at will ; and shall have and enjoy every
right and privilege incident and belonging to corj>orate bodies; and
the said company .shall, and is hereby, authorized to begin business
in any County in this State, and to establish agencies at any points
that may be deemed advantageous to the interest and benefit of the
said company.

Sec. 4. That all the rights conferred upon this company, as pro-
vided for in the preceding Sections, shall be exclusive in this State,
and all Acts conflicting are hereby repealed, and the company
hereby incorporated shall not be subject to any laws that may here-
after be enacted.

OF .SOUTH CAROLINA. 103

Skc. 5. Thiit tliis Act sluill be taken juul deemed ii puhlic Act, >^- i>- 1"-"--
and sliall continue in force for the term of twenty-five years.

Si;c. G. Tliat tlii.s Act shall he of force immediately on and after
its ])assago.

.Vj)j»roved March 1-5, 1872.

AN ACT TO Ekpkal an Act kntttlkd "An Act to Cukatr Xo. 1o2.
A I)i:i{T of tiik State of South Cauolina, to be Known
AS THE Sterling Funded Debt, the Same, ok the Pi:o-
CEEDS Thereof, to be Excia'sively used in Exchange
FOii, or in Payment of, the Existing Public Debt of
SAID State."

Be it enacled by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the Act passed by this

A.ct cvGftt iTi&r

General Assembly, approved March 7, 1871, entitled "An Act to steiiin''fuii.i
create a debt of the State of South Carolina, to be known as the ptaiea/
Sterling Funded Debt, the same, or the proceeds thereof, to be ex-
clusively used in exchange for, or m payment of, the existing pub-
lic debt of said Stale," be, and the same is hereby, repealed, as to
each and all of its provisions.

Approved March 1.3, 1872.

AN ACT TO Incorporate THE Sumter Academical Society. No. 153.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That Frank- corporators,
lin J. ]\Ioses, Jr., Samuel Lee, T. B. Johnson, A. L. Singleton, J.
N. Corbett, W. J. Andrews, togetiier with such other person or per-
sons as are now, or may hereafter be, associated with them, shall
be, and they are hereby, constituted and made a body politic and
corporate, by the name and style of " The Sumter Academical So- Tiiie.
ciety," with power to sue and be sued, to plead and be impleaded,
to possess and hold, subject to former grants, escheated and other
property within the County of Sumter, to an amount not exceeding
twenty thousand dollars.
13

Powers.

194 STATUTES AT LARGE

A. D. I'-T-i. g£j^ 2. That all property heretofore veeted in the Trustees of

Certiiii pro- ' ^^"^ Sumter Academical Society," incorporated by an Act entitled

puny vested " Au Act to incorporate certain eonipanie.-* an<l societies," passed on

in Inco. poru- * ' ' *

i^o"- the twentieth day oi' December, A. J). 1837, be, and the same is

hereby, vested in the incorporators named in this Act, and such
incorjxjrators shall be deemed and held in law to be the proper and
legal successors of such former Trustees.

Sec. 3. That the corporators of the said Sumter Academical
Aut'ioiize-i Society, named in the first Section of this Act, be, and they are hereby,

certain'^iot.'"" authorized and empowered, for the Ijenetit of the Society lierein in-
corporated, and for no other purpose, to exchange the lot of land
^vhich was conveyed by the late J. B. Miller to certain Trustees iur
educational purposes, of whom F. J. ]\Ioses, Sr., is the survivor :

of ^^uf "'2x- Provided,' That the condition of the exchange shall be, that a lot of

change. i\^q game size, >vithin the corporate limits of the town of Sumter,

shall be given, and a frame house, of equal capacity of the acad-
emy lately destroyed by fire, completely furnished with desks and
seats, shall be erected thereon, subject to the acceptance of the
aforementioned corporators.

Sec. 4. This Act to be deemed a public Act, and to remain in full
force until repealed.

Approved March 13, 1872.

No. 154. AN ACT TO Alter AND Amend an Act entitled "An Act
TO Revise, Simplify and Abridge the Rules, Practice,
Pleadin(;s and Forms of Courts in this State."

Beit enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in Creneral Assembly,
and by the authority of the same, That Section 310 of an Act enti-
tled'" An Act to revise, simplify and abridge the rules, practice^
pleadings and forms of Courts in this State," apj)rovcd the first day
ot^March, A. D. 1870, be, and the same is hereby, altered and
_.,.., amended bv strikin*! out thereirom the words " or bv a referee nii-
ere V stiick- pointed by the Court for that purpose," ami the word " referee " im-
mediately thereafter.

Approved Manli 13, 187-.

OF SOUTH CAROLINA. 105

AN ACT TO l*li(n'II)K Kon a fiUNKKAL LiCKNSK LA^V. ^- ^- '"2.

SiXTlON 1. JJc it enadcd by the Srntite aixl House of Keprcseii- No. !■')■).
tative.s of the State of South Carolina, now met and sitling in Gene-
ral Asseinhlv, ami l)v the autiiority of the same, That every imii- ^.. ,

-' ' - •' ' •' stock, ex-

vidual or eopartneishii), residin;;- in the (bounties of Chark'.ston and ciia">''*, «"•!
'■ I ' a j^jjj brokers.

Richland, designing to earry on or exereise the business of sti^ck
broker, exehangc broker and bill broker, shall, and they are hereby,
required to pay into the Treasury of their respective Counties, for
the use of the State, the sum of one hundred dollars, payable quar-
terly, as follows: Twenty-five dollars on or before the first dav of License—
■' ' •' ' amount of.

April, 1872 ; twenty-five dollars on or before the first day of July,
1872; twenty-five dollars on or before the first day of October, abil!^^"^ ^''^'
1872; and twenty-five dollars on or before the first day of January,
1873 ; and, if residing in any other County of this State, the sum
of fifty dollars, in quarterly installments, on or before the first day
of April, July and October, 1872, and January, 1873. The provi-
sions of this Section shall be, and are hereby, extended to real estate ^^^j p^^,,^.^J
brokers and to merchandise brokers. A real estate broker is hereby g™'^"'" '■^^'^'^-
defined to be one who engages in the purchase or sale of real estate

for a commission or other profit ; and a merchandise broker, one MerchanaKo

^ _ , . broker defin-

who engages in the })urehase or sale of merchandise for a commis- ed.

sion or other i)rofit.

Sec. 2. Every person or company, designing to carry on or con-
duct the business of keeping a billiard room, bowling saloon or ten- roomF'^'^Jmi
l)in alley in this State, shall be required to pay into the Treasury of i^onj"" ®'*'
their or his respective County, for the use of the State, the sum of
twenty-five dollars for every billiard table, the sum of twenty-five
dollars for every alley, and thasum of ten dollars for every bagatelle ii^^s°""'aiuf
table, the same to be paid in quarterly installments, on or before the wheu payable
first day of April, July and October, 1872, and January, 1873:
Prni-ldtd, however, That this Act shall not be construed to apply to
billiard tables, bowling saloons or ten-pin alleys, used in private
residences, for private use.

Skc. 3. Every hotel, inn, livery stable, tavern or saloon, shall be noris, inns,
classific4^and rated acctjrding to the rental value thereof, and every ami taverns,
keener <5«ike^pets of the same shall be required ta pay into the Liponseiia^-

. 1 • 1 1 1 I • corilin;^ to

County Treasury of the County m which such hotel, inn, tavern or rental value,
saloon id kept, for the use of the State, the sums, according to said
rental values, as follows, to wit: In all cases where siu-h rental
value, per year, shall be ten thousand dollars or more, such hotel,
inn, tavern or saloon, shall i)ay the sum of three luindreil ami sev-
enty-five (IoHmi-s; when tiie rental value is seven thousand five hun-
<lred dollars, and less than ten thousand dollars, the sum of three
hundred d(jllars; when five thousand dollars, and l<.ss than seven

hiG STATUTES AT LARGE

A. D. iK7'2. thousand five hundred dolhirs, the sum of two liundred and twenty-
^ ' five dollars ; when three thousand five hundred d(»llar.s, and less
than five thousand dollars, one hundred and ei<^hty-seven dollars and
fifty cents ; when two thousand five hundred dollars, and less than
three thousand five hundred dollars, one hundred and fifty d(jllars ;
when two thousand dollars, and less than two thousand five hundred
dollars, one hundred and thirty-one dollars and sixty-six cents;
when fifteen hundred dollars, and less than two thousand dollars,
one hundred and twelve dollars and fifty cents; when one thousand
dollars, and less than fifteen liundred dollars, ninety-four dollars and
seventy-five cents ; when seven hundred and fifty dollars, and less
than one thousand dollars, seventy-five dollars; when five hundred
ciollars, and less than seven hundred and fifty dollars, sixtV'Seven
dollars and fifty cents ; when four hundred dollars, and less than
five hundred dollars, sixty dollars; when three hundred dollars, and
less than four hundred dollars, fifty-two dollars and fifty cenl^ ;
when two hundred dollars, and less than three hundred dollars,
forty-five dollars; when less than two hundred dollars, thirty-seven
wh ^^*'®°®®~ dollars and fifty cents. The above amounts shall be paid in quar-
'^le. terly installments, on or before the first day of April, July and Oc-

tober, 1872, and January, 1873.
Dealers in Sec. 4. Every person, firm or company who shall engage in, or
of '^ ^goo?/s! exercise, the business of selling or vending any goods, wares, raer-
^c h'a ri d i™e y* chaudise, wine?, distilled or malt liquors, drugs or medicines, except
v,-mes,^distui- g^^.j^ .^g j^,.g g^j^j \jy auction, under licenses granted them, and except
<ii;ngs or med- g^.]^ ^g ^^e sold by regularly licensed hotel, inn, tavern or saloon
keepers, shall be required to pay into the Treasury of the County in
which he or they shall design to conduct or carry on such business,
Licensedac- f^j. the use of the State, the sums as follows, to wit: Those whose

cording to an- , i i i i i i n i j

iiuui sales. annual sales amount to three hundred thousand dollars and upwards,
shall constitute the first class, and pay two hundred and fifty dol-
lars; those to the amount of two hundred thousand dollars, and less
than three hundred thousand dollars, the second class, and pay two
hundred dollars; those to the amount of one hundred and fifty
thousand doUais, and less than two hundred thousand dollars, the
third class, and pay one hundred and seventy-five dollars ; those to
the amount of one hundred and twenty-five thousand dollars, and
less than one hundred and fifty thousand dollars, the fourth class,
and pay one hundred and fifty dollars ; those to the amount of one
hundred thousand dollars, and less than one hundred and twenty-
five thousand dollars, the fifth class, and pay one hundred and
twentv-five dollars; those to the amount of eighty-five thousand
dollars, and le.ss than one hundred thousand dollars, the sixth class,
and pay one hundred dollars ; those to the amount of seventy-five

OF SOUTH CAUOJ.INA. 107

tliDUsiind (K)llar.s, and lc**3 tluxn eigl»ty-(ivc LliDUsiind dollars, the sev- ^ "• ''"'-•
eiith class, and pay oij,dit.y dollars ; those to the amount of sixty-five
thousand dollars, and leas than seventy-live thousand dollars, the
eighth chiss, and pay seventy dollars; those to the amount of lit'ty-
five thousand dollars, and less than sixty-five thousand dollars, the
ninth class, and pay sixty dollars; those to the amount of forty-five
thousand dollars, and less than filly thousand dollars, the tenth
class, and pay fifty dollars ; those to the amount of thirty-five thou-
sand dollars, and less than forty-five thousand dollars, the eleventh
class, and j)ay forty dollars; those to the amount of twenty-five
thousand dollars, and less than thirty-five thousand dollars, the
twelfth class, and pay thirty dollars; those to the amount of twenty
thousand dollars, and less than twenty-five thousand dollars, the
thirteenth class, and pay twenty-five dollars; those to the amount
of fifteen thousand dollars, and less than twenty thousand dollars,
the fourteenth class, and pay twenty dollars ; those to the amount
of ten thousand dollars, and less than fifteen thousand dollars, the
fifteenth class, and pay eighteen dollars ; those to the amount of
seven thousand five hundred dollars, and less than ten thousand
dollars, the sixteenth class, and pay fifteen dollars ; those to the
amount of five thousand dollars, and less than seven thousand five
hundred dollars, and all less than twenty-five hundred dollars, the
seventeenth class, and pay five dollars : Provided, That the sale of
malt or spirituous liquors shall not, by this Section, be authorized
in measures less than those of one quart ; and that nothing herein
contained shall be construed to extend to physicians, surgeons,
apothecaries or chemists, as to any malt or spirituous liquors which
they may use in the preparation or making up of medicines for sick,
lame or diseased j)ersous : And provided, further. That every seller vi»o.' ' ^ ^'"^ "
or vender of wines, distilled or malt li(]Uors, in measures not less
than one quart, either with or without other goods, wares, merchan-
dise, commodities or efi'ects, as aforesaid, shall pay fifty i)er cent., in
addition to the rales above specified, for the respective classes; and
every license granted under this Act shall distinctly specify whether
the party obtaining the same is or is not authorized thereby to sell
or vend wine, spirituous, distilled, or malt liiiuors. The above When imyu-

' '■ ble.

amounts shall be paid in quarterly installments, on the first ilay of

April, July and October, 1872, and January, 1873.

o ' Ti' I 11 1 * ^i ^ Persons liav-

oKt'. 0. if any person or persons shall nave more than one store iiif,'uinroti aa

in which merchandise, as described in the foregoing Section, is. sold ""y * "s',i ji"

or vended, such person or persons shall bo re{iuired to j)ay the re- e,\t?"Jtole. °*

spective amounts above specified, according to class, for each and

every store.

Sec. G. Every individual, company, or cori)oration, other than

Proviso.

Licenses.

108 STATUTES AT L/VRGE

A^jy lb. 2. nfttional banks, oarrving on or conducting a hanking bnsinons in
iiuiividuuis, *'*'^ State, shall he retjuired to pay into tlte County Treasury ot'tlie
corporations' ^'^^""t}' '" which he Of they f^hall carry on or conduct such hu.«i-
•'i'bunkin-im "^^^' *"'' ^'^^' "^''^' "* ^^^ Stale, the folh>\ving respective suras, to wit :
siiios- liceny. For every bank, the capital of which is less than and does not ex-
i(. anioimt of feed fiftv thousand dollars, the sutn of one hundred and twentv-hve
dollars ; for every bank, the capital of which does not exceed one
hundred thousand dollars, but is greater than fifty thousand dol-
lars, two hundred and fifty dollars ; for every bank, the capital of
which does not exceed one hundred and fifty thousand dollars, but
is greater than one hundred thousand dollars, three hundred and
seventy-five dollars ; for every bank, the capital of which does not
exceed two hundred thousand dollars, but is greater than one hun-
dred and fifty thousand dollars, five hundred dollars ; for eVcry
bank, the capital of which docs not exceed two hundred and fifty
thousand dollars, but is greater than two hundred thousand dollars,
six hundred and twenty-five dollars ; for every bank, the capital of
which does not exceed three hundred thousand dollars, but is
greater than two hundred and fifty thousand dollars, seven hun-
dred and fifty dollars ; for every bank, the ca])ital of which does
not exceed three hundred and fifty thousand dollars, but is greater
thau three hundred thousand dollars, eight hundred and seventy-
five dollars ; for every baidc, the capital of which does not exceed
four hundred thousand dollars, but is greater than three hundred
and fifty thousand dollars, one thousand dollars; for every bank,
the capital of which does not exceed four hundred and fifty thou-
sand dollars, but is greater than four hundred thousand dollars,
eleven hundred and twenty-five dollars ; for every bank, the capi-
tal of which does not exceed five hundred thoustmd dollars, but is
greater than four hundred and fifty thousand dollars, twelve
hundred and seveuty-fivedollars ; for every bank, the capital of which
does not exceed five hundred and fifty thousand dollars, but is
greater thau five hundred thousand dollars, third'en hundred
and seventy-five dollars; for every bank, the capital of which
does not exceed six hundred thousand dollars, but is greater
than five hundred and fifty thousand dollars, fifteen hundred
dollars ; for every bank, the capital of which does not exceed
six hundred and fifty thousand dollars, but is greater than six
hundred thousand dollars, sixteen hundred and twenty-five dol-
lars; for every bank, the capital of which does not exceed
seven hundred thousand dollars, but is greater than six hundred
and fifty thousand dollars, seventeen hundred and fifty dollars;
for every bank, the capital of which does not exceed seven hun-
dred and fifty thousand dollars, but is greater than seven hundred

OF SOUTH CA no LIN A. 19'J

thousaml dollmv, eij^liteen limulred uiul seventy-five dollars; fur ^- ^^ '^''-•
evi'ry bauk, the capital of wliich does not exceed eight hundred
thousand dollars, but is greater than seven hundred and fifty tlu)U-
sand dollars, two thousand dollars; for every bank, the cajjital of
wliich does not exceed eight hundred and fifty thousand dollars,
but is greater than eight hundred thousand dollars, twenty-one
hundred and twenty-five dollars; for every bank, the capital of
which does not exceed nine hundred thousand dollars, but is greater
than eight hundred and fifly thousand dollars, twenty-two hundred
antl litty dollars ; for every bank, the capital of which does not
exceed nine hundred and fifty thousand dollars, but is greater than
nine hundred thousand dollars, twenty-three hundred and seventy-
five d(jllars; for every bank, the capital of which does not exceed
one million dollars, but is greater than nine hundred andfiflEy thou- -
sand dollars, two thousand five hundred dollars; and for every ad-
ditional fifty thousand dollars of capital, or fraction thereof, in ex-
cess of one million dollars, one hundred and twenty-five dollars.
The above amounts shall be paid, in quarterly installments, on or wiicn paya-
l)efore the first day of April, July and October, 1872, and January,
1873.

Sec. 7. Every railroad company or corporation in this State yan\es^i]cu'"s-
shall be required to pay into the Treasury of the County in which ^^ "ength' o^
its principal office within this State is located, for the use of the t^'ack.
State, the following respective sums, to wit: Every company or
corporation, the length of whose main track and branches, together,
is greater than two hundred and fifty miles, the sum of twelve hun-
dred and fifty dollars ; every one the length of whose main track
and branches, together, is two hundred miles, and not exceeding
two hundred and fifty miles, eleven hundred and twenty-five dollars ;
every one the length of whose main track and branches, together,
is one hundred and fifty miles, and less than two hundred miles,
one thousand dollars; everyone the length of whose main track
antl branches, together, is one hundred miles, and less than one
hundred and fifty miles, eight hundred and seventy-five dollars;
everyone the length of whose main track and branches, together, is
seventy-five miles, and less than one hundred miles, six hundred
and twenty-live dollars ; every one the length of whose main track
and blanches, together, is fifty miles, and less than seventy-tive
miles, three humlred and seventy-five dollars ; and every one the
length of whose main traek and branches, together, is less than
fifty miles, one hundred and eighty-seven and a half dollars. The
above amounts shall be paid, in quarterly installments, on or before ya?iibie!.^**^'^"
the first day of April, July and October, 1872, and January, 1873.

Sec. 8. Every person or company selling or vending commodi-

200 STATUTES AT LARGE

A. D i^TJ. ties or merchandise, of any description whatever, at or \>y jiuMic

. ., outcry, shall be deemed an auctioneer under this Act, and he or

ainoimt of li- they, carryinfr on or conducting such business in the Counties of

(•••use, and j ' j n ^ te

when paya- Charleston or llichland, shall be required to pay into the trejisqry

of such County, for the use of the State, the sum of one hundred

dollars; and if in any other County in this State, the sum of fifty

dollars. The above amounts shall be paid in quarterly installments,

on or before the first day of April, July and October, 1^72, and

January, 1873.

D- aiers in ^EC. 9. Every person, company or corporation carrying on or con-

afwiVhosphat- ducting the business of digging, mining, manufacturing or changing

ic depo-its. j^j,, p^^y forms for use as fertilizers, any mineral or phosphatic deposits

in this State, or any party or parties who shall sell or establish an

agency for the sale of fertilizers of any kind or description within

, . , this State, who manufacture the same bovond the limits of the

Amount of

license, and State, shall be required to pay into the County Trea.>ury of
when paya- . . -^ ^ • • •'

ij'e- the County in which he or they shall carry on or conduct such busi-

ness, for the use of the State, the sum of five hundred dollars, the
same to be paid in quarterly installments, on or before the first day
of April. July and October, 1872, and January, 1873.

Attorneys- Sec. 10. Everv person engaged in the profession or calling of at-
at-Law, phy- \.\ ^ ^ , . . ...

sc ans, den- toruev at law, solicitor or lawyer, physician or surgeon dentist, in-
tists, insur- •' ,. .',.,,•' , ,, , . ,

ance agents, surance agent or architect, in this State, shall be required to ])ay

\ Amount of into the Treasury of the County in which such person resides, for
Mil n ' paya- the usB of the State, the sum of ten dollars; all photographers and
Photogiaph- Daguerrean artists, in Charleston and Richland Counties, twenty-five
dollars each, and for all the other Counties in the State, ten dollars
each ; and every person holding any office whatsoever, either elec-
ted or appointed, all officers of corporations and societies who re-
ceive a salary, shall be required to pay into the Treasury of the
County in which such persons reside, for the use of the State, on or
before the first day of April, A. D. 1872, the sum of one dollar for
every one hundred dollars' salary receivable, or to be received, from
such office. Any person engaged in the busines-s of selling by sam-
ple, or any person soliciting orders, shall pay the sum of twenty-five

sample, &c , dollars. The above amounts shall be paid in quarterly installments,
amount of li- , „ . /^ i ^ . -i t i i ^ "i < ^-. . ,

censf, and on or before the nrst day of April, Julv and October, 18/2, and

bie. January, 18 M.

Sec. 11. Every company or corporation carrying on or conduct-
Telegraph iiig the business of telegraphing, or forwarding dispatches by tele-
ceMsed"accor- grjvph, in this State, shall be required to pay into the Treasury of
of'ihie! '^"^^'* the County in which its principal office within this State is located,
for the use of the State, the following respective sums, to wit : P^ver}'
company or corporation, the length of whose main line and branches,

OF SOUTH CAKOI.INA. 201

together, is fifty niile^ or less, fifty dollar.s; every one, the length of "^ ''• ^'"-•

whose main line and branches, togetiier, does not exceed one hun-

drcd miles, but is greater than fifty miles, seventy-five dollars; and

for every additional fifty miles, or fraction thereof, the sum of

twenty-five dollars : Proridrd, hoirnrr, That the above rates shall Proviso.

apply to a single line of wire, and every company or corporation,

as aforesaid, shall pay twenty per cent., in addition to the rates

above specified, for every additional wire. The above anioiints

sliall be paid in quarterly installments, on or before the first day of

April, July and October, 1872, and January, 1873.

ISec. 12. p]very express company or corporation, carrying on or pa^,^egf^^"™'
conducting the business of forwarding or carrying parcels, packages
of goods, or merchandise of any description, over any of the rail-
roads or public highways of this State, shall be required to pay into
the Treasury of the County in which his or its principal office
within this State is located, for the use of the State, the sum of two

r • 1 • Amount of

hundred and fifty dollars. The above amounts shall be paid in license, an i
1 • ir 1 /• 1 (. 1 c 4 -I T 1 1 when ijayaLle

quarterly installments, on or bciore the first day or April, July and

October, 1872, and January, 1873.

Sec, 13. Every person, company or corporation carrying on or
conducting any of the above occupations or .businesses is hereby Returns un-
required to make a return, under the provisions of this Act, of his m a.i e to
or their respective occupation or business, under oath,- to the Audi- ton" ^
tor of his or their respective Counties, between the first day of April
and the first day of June, A. D. 1872, and between the same datesjon
each and every succeeding year thereafter ; and every person, com-
pany or corporation carrying ou or conducting any of the above
occupations or businesses is hereby required to pay into the treasury
of his or their respective Counties, for the use of the State, on or before
the first day of April, July and October, 1872, and January, 1873,
and at the same time on each succeeding year thereafter, the sum
ri(iuired by the foregoing provisions of this Act to be paid into the
respective County Treasuries, on his or their respective occupation
or business.

Sh:c. 14. It is hereby made the dulv of each and everv County < ounty .au-

* * (lit rs to tlf*«

Auditor in this State, on or before the first day of April, July and liver to Tn-us-
October, 1872, and January, 1873, and at the same time on each cuio lists,
and every succeeding year thereafter, to make and deliver to the
Treasurer of his County a duplicate list, and, at the same time,
transmit to the State Auditor an abstract of the returns made to
him under the jn-ovisions of this Act.

Si:c. 1"), It shall be the duty of the Treasurer of each and every
County in this State, upon the receipt of the first quarterly install-
nu'iit of the sum or sums specified to be paid upon any occupation

202 STATUTES AT LAKr:E

A. D. i<7:. ,„. business uikIct the provisions of this Act, to j^ive to the person,

~ ^ '"' company or corporation puvinc the .^anic ii certificate to the Au-

i*su- c.'iiiti- (liter of his County, specifying the .sum j)aid, and the occupation or

101-. l)iisine-!.s on which the same was paid ; and said Auditor, \i\Mm

presentation to him of such certificate, is lierehy authorized and

Auditor, on ' •'

rec-cipi of cir- directed to issue to the person or company, or corporation present-
sue license intr the same, a license, authorizin<r liim or them to carry on or
conduct such occupation or Inisiness for the period of one year from
the first day of April : Provided, That the quarterly installments
heretofore provided for shall be paid when due, or euch license, ao
issued, shall become null aftd void ; for the issuinj^ of which license
Fees o f g.^id County Auditor shall receive the sum of twentv-five cents from

Couiiiy Audi- • .... *

lor. the person, company or corporation receiving the same as compen-

sation for takintr the returns and L<:suing the licenses provided for
Proviso. in this Act: Provided, That any person, company or corporation
who may commence any of the occupations or businesses specified
in this Act after the first day of April, A. D. 1872, or of any suc-
ceeding year, shall take out a license from the time of commencing
such occupation or business until the first day of April next there-
after, for which he or they shall pay a sum proportionate to the
number of months intervening between such jJeriods.

Sec. 16. The County Treasurer of each and every County shall
^rt°"ofroun- P^^' ^^ cause to be paid, monthly, into the State Treasury, all

ly Treasurers, nioncys received by him under the provisions of this Act, and the

State Treasurer shall receipt therefor to County Treasurers, in the

same manner as is provided in Section 102 of an Act entitled " An

Act to provide for the assessment and taxation of property,"

passed the 15th day of September, A. D. 1868.

Sec. 17. Any person or persons carrying on, or conducting any
Penalty for . / \ i • , • a • i l • ^•

non-compii- occupation or business named in this Act, without having tirst com-
ance Willi this ,.,.,. . . > n i i i -i. ^ • j

Act. plied with Its provisions, shall be deemed guilty or a misdemeanor,

and, upon conviction thereof, shall be sentenced to pay a fine not
less than double the amount of license imposed upon such business
or occupation, and be imprisoned in the jail of the County in which
such offense is committed, for a period of not less than six months,
or either or both, at the discretion of the Court ; and every com-
pany or corporation carrying on or conducting any occupation or
business named in this Act, without having first complied with its
provisions, shall be fined in a sum not less than double the amount
of license imposed upon such business or occupation, and the Attor-
ney General and Solicitors are hereby authorized and directed to
take all legal proceedings necessary for the collection of such fine.

Approved March 13, 1872.

OF SOUTrr CAROLTxVA. 203

AN ACT TO AMKiND AN AcT KNTITLKU " An AcT TO Al/fEH AND ^- '' *^"--

Amknd an Act to Incoupohate the Town of Makion, and -, _
Fou Other Purposes Therein Mentioned."

Be it enacied by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and l)y the authority of the same: That Section 2 be amended, on
the 4tli line, by striking out " three fourths," and inserting in lieu
tliereof the word "one." That Section 3 be amended, on the 5th
line, by striking out the word "January," and inserting in lieu
thereof the word " December." That Section 4 be amended, on the
5th line, by inserting, between the words "thereof" and "the,"
the words " It shall be the duty of the Intendant and War-
dens to cause all bar rooms, saloons, and other places for the
sale of liquors by retail, to be closed during the progress of such saiomld, &c',
election, and until 6 o'clock in the moruing of the day thereafter; on a'.y of eTec-
and during the time aforesaid the sale of all intoxicating liquors are * °"'
prohil)ired. Any ])orson or persons violating the provisions of this
Section shall be punished by a fine not exceeding tliirty dollars, or
by im])risoumeut not exceeding thirty days in the County Jail, or
by l)oth such fine and imprisonment, at the discretion of the Town
Council."

Approved JNIarch 13, 1872.

AN ACT to Renew the Charter of Peay's Ferry, over the No. 1 j7.
AVateree River.

Section 1. Be it enac'ed by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That the charter
of the ferry over the Wateree River, known as Peay's Ferry, be,
and the same is hereby, renewed and continued in force from and cimrter re-
alter the passage of this Act, until amended or repealeil; and the "'""i^'Jll in""')!
san\e is hereby vested in D. J. D. Cureton, his executors, adminis- •'• "■<-"''*'^"-
trators and assigns, subject to like j)owers, privileges and limi-
tations as Avere formerly conferred upon the owner of said' ferry by
law: J'roviiled, hoivcvcr, That the followinj; rate of ferriage onlv . Rat»8 of
shall- be charged and collected, to wit: Single passengers, 5 cents;
man and horse, 15 cents; buggy, 25 cents; 1 horse wagon, 25
ct nts ; 2 horse wagon 50 cents ; 4 horse wagon, 75 cents.

204 STATUTES AT LARGE

A. I). 1-

Sec. 2. All jiersons attending public meetings and elections, and
chilcircu going and returning from .-cliool, shall be exempt from any
and all charges for ferriage.

Approved March 13, 1872.

No. 1")8. AN ACT to Rekew the Charter of the Coxgregation

KNOWX AS DeREKH EmETII, OR PaTU OF TrUTH, OF THE

City of Columbia, S. C.

Be it enacted by the Senate and House of Representative?; of the
State of South Carolina, now met and sitting in General Assembly,
Charter and by the authority of the same, That the charter of the Syna-
gogue heretofore known by the name of Derekh Emeth, or Path of
Truth, of the City of Columbia, be, and the same is hereby, ex-
tended, and shall continue in force until repealed.

Approved March 13, 1S72.

Coi-porators.

Xo. lo9. -A-N ACT TO Incorporate the Lancaster and Camden Rail-
road CoJiPANY, OF South Carolin-a.

Section 1. Be it enacted by the Senate and Hou.'se of R'^pre-
sentatives of the State of South Carolina, now nut and sitting in
General Assembly, and by the authority of the same. That, for the
purpose of establishing a railroad company from Camden to Lan-
caster, a charter, with the rights and privilege--^ incidental to the
same, be, and is hereby, granted to, and vested in, H. J. Hickson,
R. W. Cousart, Joseph Clark, J. F. G. Mitfag, B. J. Witherppoon,
D. C. Wolfe, W. :>[. Shannon, J. B. Kershaw, W. Z. Leitner,
Mannes Baum, Samuel Boykin, T. F. McDow, S. H. Brewer, L. J.
Patterson and John Kershaw, and their associates; and when a
comjjuny shall be formed, in compliance with the conditions herein
Corporate prescribed, it shall be known by the name of the Lancaster and
• ■ Camden Railroad Company, and shall have a corporate existence,

as a body politic, in perpetuity.

Capital stock. Sec. 2. That the capital stock of said company shall be one mil-
lion dollars, in shares of twenty-6ve dollars, or five acres of land

subscription!^ ^^^'^ ' ^^^' ^^ order to raise the .said capital stock, it shall be lawful
to open books of subscription in such places, and at such times, as

OF SOUTH CAROLINA. 205

may he deemed for the best interests of tlu^ corporation, under the ^- ^- '""-•
direction of the corporators; the times and phiccs for receiving "^ '~

such subscriptions to be determined by a majority of the corpora-
tors ; but should a majority fail to fix such times and places, then
such times and places may be fixed by any six of the corporators
hereinbefore named, having given due notice of the same in any
newspaper or newspapers of the State ; and the subscription books
phall be kept open for twenty days, from such times, and at such
places, as said corporation may determine ; that, on each share of
stock subscribed, or land to the value of each share so subscribed,
the said subscribers shall pay two dollars to the corporators, who
sliall deposit the same in some National or State bank. When fifty
thousand dollars, or the value thereof in land, shall have been sub-
scribed, the said corporators, or any six of them, shall give notice,
by i)ublirati<m, for at least ten days, of the time and place of meet- orgiuuzftfon!
ing for organization.

Sec. 3. Whenever the said sum of fifty thousand dollars, or
the value thereof in land, shall have been subscribed, the sub-
scribers, their executors, administrators and assigns, shall be, and
they are hereby declared to be, incorporated into a company, aud
shall have all the rights and privileges conferred upon th-e South ii^iuVumipri°

Carolina Central Railroad Company, ratified : Provided, fenvci^ ^o'n

Jioircrrr, That nothing herein contained shall be so construed as to fin"i^'^ rentiai
exemj)! the said company from payment of taxes : Provided, further, ^^^^^^°^'^-
Thiit this Act shall not be construed so as to bind the Stale to en-
dorse, guarantee or aid said road : Provided, further. That nothing
herein contained shall be so construed as to exempt said company
from the provisions of Section 1, Chapter LXIII, of the General
Statutes.

Sec. 4. That the said company shall have the right to construct
necessary stations and turn-outs, with one or more tracks to the
road : Provided, That the said road shall be commenced within Time for

1 1 1 • 1 • /• PI comniciicing

one vear, and completed within five years, after the passage of this a»'' compk-t-
1 1 1 /• 1 11 1 /> /> • 1 IT . , , , , ing said ro!i».l.

Act, or tlie charter thereof shall be iorfeited : And provided, J urtha'.

That the said road shall be subject to the provisions of an Act en-
titled " An Act to declare the manner by which the land, or the
right, of way over the lands, of persons or corporations may be
taken i'or the construction and uses of railways, and other works of
internal imjjrovement," ratified September 22, A. I). 18(18.

>^K(\ '). That this Act shall be deemed a public .Vet, and con-
tinue in force for twenty-one years.

Approved ^Inreh 1.'], 1872.

Corporalora.

206 STATUTES AT LARGE

A. D. 1ST2. AX ACT TO Incorpouati: the Lincoln Lujht Ixfanty, op

DARLINfrroN.

Ko. l(i(».

Section 1. Be it enacted by the ScHute aii<l House ol" Ivt-prc^jen-
tatives of the State of South Carolina, now luet and sitting in Gen-
eral As.seiubly, and by the authority of the same, That Samuel J.
Keith, Larry Aiken, Jacob Stuart, under the name and style «kf the

Title. " Lincoln Light Infantry, of Darlington," and their associates and

successors, be, and they are, respectively, incori)orated,and made and
declared a body politic and corporate, in deed and in law, and, as
such body i)olitic, shall have the power to use and keep a common
privileges. seal, and the same at ^vill to alter; to make all neces.'jary by-laws,
not repugnant to the laws of the land, and to have succe.-;sion of
ffiocers and members, conformable to such bydaws ; to sue and be
sued, plead and be impleaded, in any Court of law or equity in this
State ; and to have, use and enjoy all other rights, and be subject
to all other liabilities, incident to bodies corpcjrate.

Sec 2. That this Act shall be deemed and taken to be a public
Act, and shall continue in force for the space of ten years from and
after its passage.

Approved March 13, 1872.

Xo. 161. -^^ ACT FOR THE Relief of the Widows axd Orphans of
Persons Killed Because of their Political Opinions.

Section 1. Be it enacted by the Senate and House of Rejiresen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That where the
writ oi habeas corpus has been suspended by the President of the Uni-

, - ted States, there shall be levied and collected, at the satne time and

Levy of cer- ' '

tain tax. in the same manner that all other taxes are collected, a special tax of

one-half (^) mill on the dollar, of the assessed value of all the tax-
able pi'operty of each and every of said Counties, the proceeds of
which tax shall be paid into the County Treasury in said Counties,
Pension respectively ; and shall constitute a pension fund for the support of
. " the indigent widows and orphans of those persons who have been

killed in said Counties because of their political opinions : Provided,
That if in any County said levy of one-half (i) mill on the dollar
shall be more than sufHcient i'or the support of the widows and or-
Disposition phans aforesaid in said County, then .said excess shall be applied to
fnnds.^"'^'' "^ the school fund, to be disbursed according to law.

OF SOUTH CAROLINA. 207

Si:c 2. Th:it each of such dcstituti' i/r indi^fcnt widows or or- a. n. is72.

l)li:ms, oil satisliictory proof (liy not Kss tliiiii two (lisinterestcfl wit- ^ '~'

iiesses) furnished to the County Tnasiircr oi' hi.s or her County, shall

reeeivi- an allowance or ])cnsiou of the amount as follows, to wit : '••"••' wi<irnv
,, 1-1 1 11 1 ,■ 111-111 *!•' per iiionh

for each widow, ten doHars per niontii ; tor eacli orplian cliud, under
1 1. /•/> • 1 11 1 II in ChUflren (fO

the age or ntteen years, six dollars per month, payable on the nrst pir month,
day of each and every month by the County Treasurer, such allow-
ance to be continui'd during the widowhood of such widow, or to
such orphan child until he or she shall have attained the age
of iifteen years. The County Treasurers of said Counties shall re- Connty Treas-
port to the next General Assembly a detailed statement as to how port^nniiaUy
Ihr the provisions of this Act have been carried into execution. M-inWy?^ '^*

Sec. 'S. This Act shall take eifect from the date of its passage.

Approved March 13, 1872.

AN ACT TO Incorporate the Edisto, Caw Caw and Waites' No. 16^.
Creek Canal Company, of South Carolina.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That Richard PI. Corporators.
Cain, Timothy Hurley, John D. Weatherly, David Ricker, John C.
Downing, B. A. Bosenion, A. J. Ransier, W. M. Thomas, A. P.
Holmes, George F. Alclntyre, L. J. Maddocks, S. Small, E. D.
Holmes, Robert Tarlton, George Lee, B. Byas, P. P. Hedges, Wm.
K. Jervey, and such other persons as they may associate with them,
their successors and iissigns, be, and they are hereby, constituted a
body corporate and politic, by the name and stvle of the Edisto. Corporate
Caw Caw and Waites', Creek Canal Company. And they are hereby

made corporate in law, to have, hold, purchase and possess lands,

1 1 1 /• 1 -11. oiijocta of

and t(t make sale or the same, or any property ac(|uin>d by them, as corporation.

a company, to carry on the lumber, wood business, ilig phosphates
that may be on their lands, to erect houses, mills, machine sho])s,
munuiactories, dig out and clean away any obstructions which nuiv
be necessary in order to comj)lete a navigable water course from the
Edisto River to the Ashley River in this State, conveying water,
lumber, wood, barges, rafts, boats, or any craft that may be neces-
sary to carry out the designs of said company. They may also con-
vey fresh water to the city of Charleston, by such means a.s they jfuy convey
may deem b&st, and at such time as shall be most practicable, and cii"ric/ton.**'

208 STATUTi:s AT LARGE

A. D. 1I-72.

Toll.
Capltul stock

shall hav(> authority to iniposu such a t(jll on vr-ssels, rafts, barges,

boats auil flats as may be det'iued proper for the u.se of said canal.

Sec. 2. The capital stock of this company shall be five hundred

thousand dollars, divided into shares of ten (10) dollars each,

and shall organize when ten thousand dollars shall be subscribed and

paid in, either in cash, or lands, machinery, goods, or any material

which may be deemed of etjual value to sairl company, which may

be applieil in its o})erations.

Annual meet- Sec. 3. There shall be held annual meetings of the stockholders

President to electa President and Directors; there shall be fjur Directors,
and Direc- _ ' '

tors. who shall hold their ofiices for one year.

Sec. 4. Each share shall represent one vote in all elections for

oflScers.

Transfer of Sec. 5. All transfers of shares shall be made in accordance with

bank rules for making transfers of share's. The Directors shall

make all needful by-laws for the government of the company, and

alter and amend the same at pleasure.

munication. Sec. 6. This company shall have water communication from the
Edisto River, through Bull Creek, and the most direct route through
Caw Caw Swamp water lead, to Waites' Creek, two hundred feet
wide, and may appropriate any lands on said route necessary to for-
ward this enterprise and facilitate quick transportation: Provided,
That they shall pay a just and reasonable compensation for all land
appropriated for said purfjose.
Rates of toll. 'SiX'. 7. That they, and their successors, shall fix and establish
any toll, and receive the same, on all goods, merchandise, timber,
lumber, wood, boats, flats, rafts, or any means of transit through
said canal, and any party refusing to pay said toll, their goods may
be detained till said toll is paid.

issaeof bonds Sec. 8. The said company shall have authority to issue coupon
bonds, bearing eight per cent, interest, redeemable in ten and twenty
years, not exceeding one hundred thousand dollars.
May com- Sec. 9. They shall have power to commence work immediately

immudiate^y!^ on its formation, and may make publication of the same, and keep
open their subscription books at such time and place :is they may
determine.

Sec. 10. This Act shall be deemed a public Act, and shall re-
main ill force for fifty years.

Approved March 13, 1872.

OF SOUTH CAROLINA. 209

AN ACT TO Incorporate the Merchants' Bufldino, Trust a. d.187>.

AM) Loan Assoctation, ok Aiken, South Carolina. ~" \r„

No. 163.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sittinj^ in Gen-
eral Assembly, and by the authority of the same, That W. H.
Joiu's, H. J. Maxwell, J. A. Bowloy, P. R. Rivers, E. P. Stoney,
James Major, Joeph Quash, M. J. Ilirsch, C. D. Hayne, John C. conjorators.
Ford, E. Ferguson, James Johnson, J. B. Bascomb, J. S. Mobley
and K. M. Sumpter, together with such other j)ersons who are now,
or may hereafter be, associated with them, be, and they are hereby,
declared a body politic and corporate, (for the purpose of making
loans of money, by certificate or otherwise, secured by mortgage on
real estate and personal property of any and all description, or by
conveyance of the same to their members and stockholders or other
persons,) by the name and style of the " Merchants' Building, Trust
and Loan Association, of Aiken, South Carolina." The capital name.

stock of said Association shall consist of twenty-five hundred shares, „ , ,

1 -1.1 . 1 1 . 11 /. 1 11 Oftpitaistock.

to bo paid m by successive monthly installments of one dollar on

each share, so long as the corporation shall continue; and the said
shares to be held, transferred, assigned and pledged, and the holders
thereof to be subject to such regulations, for defaults in their pay-
ments, as may be prescribed by the by-laws created for the govern-
ment of the corporation.

Sec. 2. That the said corporation shall have power and authority General pow-
to make any such rules and by-laws for its government as are not
repugnant to the Constitution and laws of the land ; and shall have
such succession and number of members and officers as shall be
ordained and chosen, according to the rules or by-laws made, or to
be made, by them ; shall have and keep a common seal, and alter
the same at will ; may sue and be sued, plead and be impleaded, in
any Court of law or equity in this State ; and shall have and enjoy
every right, privilege and immunity belonging to corporate bodies,
as guaranteed by the laws of the land.

Bi:c. 3. That the said corporation shall have power to take, pur- May imi.i
chase, hold and enjoy real estate, and to sell and transfer the same, piopen^"*^ "^
as may be deemed proper, to its members and others, on such terms,
and on such conditions, and subject to such regulations, as may be
prescribed by the rules and by-laws of sai<l corporation.

Sec. 4. Tluit the funds of said cori)oration shall be loaned and
advanced to its members and stockholders, or others, upon the seen- or lumid.
rity of real and personal property, and used in the ])urchase of real
estate ibr the benelit of its mcm^icrs and stockhohlers, on such terms,
aud on such conditions, and subject to .such regulations, as may,
14

210 STATUTES AT LARGE

A. D. 1S72. flora time to time, be prescribed by the rules and by-laws of said
' '* coiponitioD ; an<l it shall be lawful for the .said corporation to liold

such lands, tenements, hrreditanients and jjcrsonal property as shall
be mortgaged or conveyed to thera in good faith,by way of security,
upon its loans and advances, and may sell, alien or otherwise dis-
pose of the same to its members, stockholders or others, as they,
from time to time, may deem expedient.

Sec. 5. That all the privile}jre6, rights and immunities conferred
Privileges ^ o ' o

confeneii on upon anv and all chartered bankintf corporations in this State bci

aU banking ,,"^ ,, n , , ••,,.

institutions and the same are hereby, conrerred upon the association hereby in-
confeiied on corporated, and they shall be, and are hereby, authorized and era-
tion. powered to adopt any and all such charters to facilitate them in

carrying on the business contemplated by the a.ssociation.

Sec. 6. That this Act shall be deemed a public Act, and continue
in force for the term of fourteen years ; and the same may be given
in evidence ^vithout being specially pleaded.

Approved March 13, 1872.

No. 164. AN xiCT TO Charter the Spartanburg and Port Royal

Railroad Company.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same : That, for the
purpose of establishing a railroad from Spartanburg to Port Royal,
a charter, with all the riglits and privileges incidental to the same, be,
and is hereby, granted to W. J. Whipper, R. Smalls, N. B. Myers,
Corporators. James ISL Baxter, J. J. Patterson, James N. Hayne, H. C. Corwin,
H. G. ^yorthington, G. Cannon, B. A. Bosemon, W. H. Jones,
James Miller, H. W. Duncan, J. S. ISIobley, J. A. Bowley, D. R.
Duncan, Timothy Hurley, William Munro, R. M. Smith, S. J. Lee,
J. H. Evans, J. T. B. Jeter, L. Wofford, F. S. Jacobs, R. J. Don-
aldson, Hardy Solomon, D. A. Childs, S. A. Swails, T. J. Moore,
J. C. Bonsall, S. L. Hoge, C. D. Melton, J. M. Allen, Thomas
Steers and W. J. Wilkins, and their associates and successors, who
arc hereby constituted a body politic and corporate, by the name
and style of the S})artanburg and Port Royal Railroad Company.

Sec. 2. That the said Company is hereby authorized to construct
a railroad from Spartanburg to Port Royal, by such route as shall
be found most suitable and advantageous.

Corporate
name.

Extent
road.

OF SOUTH CAROLINA. 211

Sec. 3. That the civpital stock of said company shall be one and ^- ^- """-
a half million dollar.-^, with the privilege of increasing it to two and
a half million dollars, if found necessary, to be divided into shares capitaistock
of fii'ty liollars each ; and, for the purpose of raising sueh capital
.stock, it shall be lawful to open books of subscription, at such limes
and places, and to keep them open for such periods of time, and h^°°.^\i°'^
uniler the direction of such i)ersons, as may be determined on by a
majority of said company. That subscriptions to the capital stock
n)ay be made in land, at a rate, per acre, to be agreed ujion at the
time of subscription ; and that each and every person subscribing
land shall execute a deed to the said company; and that all
amounts subscribed in land or money shall constitute the joint
stock capital for the purpose of constructing and carrying into capUili. ^^°^ '
operation the railroail provided for by this Act ; and the said rail-
road shall have power to mortgage its property and franchises, and
issue bonds, on such terms and conditions, and for such uses and issue of
purposes of said corporation, as the Board of Directors thereof may
deem expedient.

Sec. 4. That the said railroad shall be subject to the provisions
of an Act of the General Assembly of South Carolina, passed Sep- Sxyjject to
tember 22, 1868, entitled "An Act to declare the manner by which Aca^of'/sos^,
lands, or right of way over the lands, of persons or corporaiions
may be taken for the construction or use of railways, and other
works of internal improvement :" Provided, however. That nothing
herein contained shall be construed so as to exempt the said company
from the payment of taxes : Provided, further, That nothing herein
contained shall be construed so as to exempt said company from
the provisions of Section 1, Chapter 63, of the General Statutes.

Approved March 13, 1872.

AX ACT TO Provide for the Establishment of \ School ix No. 165.
THE State P]:NrTENTiAiiY.

Sectton 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral .V^sembly, and l)y the authority of the same. That, on the pa.'^sage
of this Act, it shall be the duty of the Superintendent of the Peniten- convict.-? in
tiary to organize a school in the said institution, for the benefit of ^«"*i*^"^"^'^y-
such convicts confined therein as may reasomtbly be expected to de-
rive advantages therefrom. He shall employ teachers at such com-
pensation as the Directors of the Penitentiary shall deem proper;

212 STATUTES AT LARGE

A. I). 1872. atul said teachers may be removed when foimd inefficient, inconij)e-
^ ~ tent or inattentive to their duties, or for any other cau.^o unsuitable
for the trust.

8ec. 2. The school shall be in operation every working day of
s hooi hours, jj^g ^veek, at such time, between the hours of 6 and » A. M., and be-
tween 4 and 8 P. M., as shall not interfere materially with the gene-
ral work or labor, nor with the meal hours established, or herealter

„ . to be established, at the institution : Proiuded, That the Directors

Proviso. , , ' '

and the Superintendent of the Penitentiary may increase the eaid
time, and protract or lengtlu'n the hours of the school, at their dis-
cretion, for such convicl.s or seholars as shall manifest i)articular apt-
ness to derive beneiit therefrom.

Sec. 3. That it shall be the duty of the State Su])crintendent of
Siiperintend- Education, on the requisition of the Superintendent of the Peniten-

ent of Educ I- ' ^ i

t'^"]J^osiippiy tiary, approved by the Directors, to supply the said school with
wiih books, such text books as may be necessary for its use, on such terms and
conditions a.s may be established for supplying the Free Common
Schools of the State.

Sec. 4. That all Acts or parts of Acts inconsistent with this Act
^ be, and the same are hereby, repealed.

Approved March 13, 1872.

No. 166. AX ACT TO Amexd the Law in RELATrox to the License
AND Registration of Pharmaceutists, Apothecaries and
Druggists, and to Regulate the Vending of Drugs and
Poisons.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-

Conforring i i i i • /• i mi /• i

coTtain pow- eral Assemlily, and by the authority or the same: Inat, irom and

Moificfti Fftc- after the passage of this Act, the jNIedical Faculty of the Univer-

I'nivprsity of sity of South Carolina shall possess and exercise all the powers

iina. heretofore given and now possessed by the Faculty of the Medical

College of Charleston, in respect to the examination and licenpe of

pharmaceutists, apothecaries and druggists: Provided, That this

Section he construed as in no wise diminishing the powers of the

Faculty last named ; but as giving to the Faculty first named the

same powers, and also imposing thereon the duty and obligation to

exercise such powers, upon due application.

Sec, 2. That every pharmaeeutist, apothecary or druggist who car-
ries on and conducts the business of such occupation in this State,

OF SOUTH CAROLINA. 2i;^>

after llie exj)iiHtii)ii of six months from tlie passage of tliis Act, a. D. i«,2.
must have a license tlierefor from one of the al)ovc named bodies.
Ami any ]»i.!r.-;on wlui sliall (licreafler carry on and condnet the PhamuK-i-u-
bnsniess ot said ocenpatiuiis, or any or them, without such license, eai'lt;» ami
shall be liable to indictment as lor a misdemeanor, and, on convic- q"fjrc"i'*to°
tion, to a fine not exceeding five hnndred (hdhus, or imprisonment '''^vejiiicensie
not exceeding six mouths.

Skc. 3. That, before granting said license, except in the cases
hereinafter excei)t4:d, each applicant therefor shall undergo an ex- Appihants
amination by and before that body to which the application is made, um/ergo^^ex-
and of such nature as they shall require; but such examination amiimtiou.
nius't include the reading of manuscript' prescriptions and explana-
tions thereof, the discovery or detection of unusual doses of drugs,
and especially of poisons, the recognition and distinguishing of the
various roots, barks, leaves, fruits, rosins and gums in common
use, and the proper antidotes and mode of administration thereof for
the different poisons.

Skc. 4. That no examination shall be required in case the appli- ,^f''^^'"'^'f.^

i * ^ entitled to li-

cant is a regular graduate in medicine or pharmacy of a school that cense without

° ° /^ •' _ examination.

is on the ad eundem of the University of South Carolina, but such
an applicant shall be entitled to a license, upon furnishing evidence
of his graduation satisfactory to the said Faculty.

Sec. 5. That it shall be the duty of the Medical Faculty of the saiiiMetiicai

• 1 TT • • 11-1 1 -111 Faculty to

said University to establish, carry on and preserve, in a book to be ke. n a rcgis-
kept for that purpose, a register of all pharmaceutists, apothecaries
and druggists in the State, including the names of persons regis-
tered, place of business, the fact whether the person registered be a
graduate 'of medicine or pharmacy, or whether under license
Liranted on examination, and any other matter of information the
said Faculty may see fit to add.

Sec. 6. That it shall be the duty of all licensed pharmaceutists,
apothecaries and druggists, by whichsoever body licensed, to have pimrnuutu-
their names registered in manner aforesaid by the Medical Faculty register tiujr
of the University of South Carolina, and to report annually on or ri^'iort' ' amui-
before the first day of November of each year, to the said jMedical Faculty. "'"'
Faculty of the said University, whether any, and, if yea, what
change has occurred within the then preceding year, as to their
res[)ective places of business ; and for omission or neglect of the re-
quirements of this Section, or any of them, they shall, respectively, m^teetV^ ^^^
iiiiiir a line of twenty-five dollars; and for each and every registra-
tion or change thereof, the party so registered shall pay to the said
Faculty ol" the University the sum of one dollar, which shall be
their compensation for the services perfoniird in acinrdanec with
the providions of this Aet.

214 STATUTES AT LARGE

Aj).i8;2. pi^e. 7. That it sluill he the duty of the Medical Faculty of the

University of South C:irolin:i to make a cornet report to the Gouc-

uiiy to report '"''l Assembly of work done by them, in accordance with the pmvi-

"i'ei!"r\u^A\° sions of this Act, on or before the first day of December in each

^ year.

Sec. 8. That every pharmaceutist or other person selling any
Rcfoni of poison shall be satisfied that the purchase is made for legitimate
ariicits to bo ])iirpo3es, and shall keep a book in which shall be recorded every
sale of the following articles, viz : Arsenic, and it« preparations, all
nietalic cyanides and cyanides of potassium, tartar emetic, corro-
sive sublimate, aconite and its jiroparations, strychnine, and all
other poisonous alkaloids and their salts ; cantharides, ergot, hydro-
cyanic acid ; the said record also to exhibit the name of the person
to whom sold, place of his residence, and purpose of purchase, as
stated, which book shall be kept at all times subject to inspection by
the Coroner of the County and Solicitor of the Circuit, or such
other persons as either of them may designate.

Sec. 9. That all persons in this State engaged in business as
T,abein^ of pharmaceutists, apothecaries or druggists, in either the wholesale or
itc, contain- retail of drugs, shall, to every bottle, vial, box or other package
° containing any poison named in the preceding Section, or any one

or more of the following articles, viz : Oxalic acid, chloroform, bel-
ladonna, and its preparations, opium, and all its preparations, ex-
cept paregoric, digitalis, and its preparations, henbane, and its pre-
parations, hemlock or conium, or any other article that may be
added to this list by said Faculty of the University, securely attach
a label, whereon shall be either printed, or legibly written, with red
ink, the name of the poison and the name of at least one antidote,
Avith brief directions as to the mode of using the same : Provided^
That nothing herein contained shall be construed to apply
to the filling of prescriptions made by regular physicians: And
provided, further, That it shall be the duty of the examining body,
on application at the time of registration, to furnish to the party
registering a form of labels for poisons.

Sec. 10. That this Act shall not be construed to prevent mer-

jSioichants t'hauts and shoi)-keepers from vending or exposing to sale medicines

er-' niuv ''scJi '"^^ready prepared : Provided, Such merchants and shojvkeepers shall

medicines ai- attach to the articles sold, a copv of the label attached thereto bv

ready pre- » i . .

pared. wholesale druggist*, and in the sale of poisons shall comply with the

provisions of Sections 8 and 9 of this Act.
Pcnait • for ^^^" ^^' '^^^^^ ^^ ^^^^^^ "^^ ^^^ lawful for the proprietor of any

permitting pharmaceutical shop to allow anv person not qualified, in accord-
persona not ^ ' • '■ ' .
quaiifl d to ance with the provisions of this Act, to dispense of T)oisons or com-

coaipoii d *.. „,.. , ,

prescriptions, pound the pre«:criptions of phvsicians, and any person who, upon

OF SOUTH CAROLINA. 21. "j

indictment for a violation of this Section, .»liull Ik- convicted of the
siuiie, slmll pay a, fine nut exceeding five hundred (U)lhirs, or suffer
iinpri.sonmcnt for a period of not more than six month-.

Approved March 13, 1872.

A. D. 1^7.

AN ACT TO Amend an Act entitled "An Act to Provide No. 107.
FOR the Construction and Repairs of Public Highways."

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That Section 2
of said Act be so amended as to read : " That the bridges be re-
paired under the supervision of the County Commissioners, and
that the expense of the same be paid out of any moneys in the work on
County Treasury ; and that all the work on said bridges, given out when'^*^fo~be
by the County Commissioners, when the amount shall exceed the ^°^^^ ^^' *^°"*
sura of one hundred dollars, shall be done by contract ; and the
Commissioners are hereby required to advertise the same in at least
one of the papers of the County; that said proposal shall, in all
cases, be accompanied by two or more sufficient sureties ; and the
County Commissioners shall have the right to reject any or all bids
if, in their judgment, the interest of the County so require."

Sec. 2. That the Sections of said Act relating to the appointment
and duties of Highway Surveyors be so amended as to abolish the
office of Hiehwav Surveyors, and to confer the duties of the same „. office of

'•'•'' ■1' I n Hitihwuv Sill-

upon the County Commissioners: Provided, That if the County vcyor "aboi-
Commissioners of any County in this State fail to comply with the
provisions of this Section, they shall be deemed guilty of a misde-
meanor, and, upon conviction thereof, shall be subject to a fine not
exceeding five hundred dollars each, and to an imprisonment not
exceeding six months, or either, or both, 'it the discretion of the
Court of General Sessions of their respective Counties : Frox'ided,
further, That all taxes levied for the repair of highways and
bridges, in each County, shall be collected and paid at the same
tiiHe as the general taxes to the County Treasurers.

Skc. 3. All Acts or parts of Act.s inconsistent with this Act are
hereby repealed.

A]iproved iNIareh l.'>, lb72.

216 STATUTES AT LARGE

A. D. 1872. ^Yx ACT To Ri:gilate the Pay of the Memheus of the
rt "^ ,"" > Genehal Assembly.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
Salary of and by the authority of the same, That each member of the next
ccuts mTitaga General Assembly shall receive an annual salary of six hundred
dollars, and twenty cents for every mile of the ordinary route of
travel in going to and returning from ser^sions of the General As-
sembly.

Approved March 13, 1872.

No. 169. AN ACT to Re^jul ate the Issuing of Checks to Laborers
UPON Plantations oh Llsewhere.

Section 1. Be it enacted by the Senate and House of Repre.<en-

tatives of the State of South Caroliua, now met and sitting in Gene-

eainiovees^'to ^'^^ Assembly, and by the authority of the same. That, unless other-

Unftecf'states ^^^^^ provided by special contract, it shall be, and it is hereby re-

'•urr^ nc*'*^^ °^ quired, of all persons who employ laborers upon plantations or

elsewhere, by the day, week, month or year, to pay such laborers or

employees in the United States bank notes or fractional currency.

Sec. 2. That if any person or persons, after the passage of this

Penalty for Act, shall offer to any laborer or employee, except as provided for

checks or in the preceding Section, as compensation for labor or services per-

scrip in lieu 1,1 • ,. 1 • • • i- <• tt • 1 o

ofbanknoics, lormed, checks or scrip 01 any description in lieu 01 united btates
bank notes or fractional currency, the said person or persons so
offending shall be liable to indictment and punishment by a fine not
exceeding one hundred dollars, and by imprisonment not exceeding
twenty days, or both, according to the discretion of the Court : Pro-
Avord check vided, That the ^\^>rd "checks" in this Act shall not be construed so as
to prohibit the giving of checks upon any of the authorized banks
of deposit or issue in this State.

Sec. 3. All Acts or parts of Acts inconsistent with this Act are
hereby repealed.

Approved March 13, 1872.

defined.

No. 170. AN ACT to Charter the Greenwood and Augusta Rail-
road Company.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-

OF SOUTH CAROLINA. 217

eml Asseinlily, and by llie authority of the same, That for the pur- ^^ "• '"'-
j)03e of cstahlishiiiu- a railroad, on the most practicable route, fi-om
Greeuwood, iu the State of South Caroliua, to Auj,'u.sta, iu the State corporation"'
of Georgia, which company, when formed, with the conditions
herein i)rcscribed, shall have cori)orate existence as a body j)olilic
iu perpetuity.

Sec. 2. That this charter, with the rights and privileges inciden-
tal thereto, is hereby granted to and vested in J. H. Jennings, M. CoriJoraiors.
M. Aiken, S. P. Booi^er, P. H. Bradley, C L. Blair, J, D. Talbert,
W. K. Bradley, Kick Merriwether, J. D. Neil, Wm. L. Parks, J.
L. White, Wm. K. Blake and G. J. Shejjpard, of the State of
South Carolina, and Robert H. May, Thomas Phinizy, John D.
Butt, Edward Barry, Austin Mullarky, W. A. Ramsay, T. Jeiler-
son Jennings, Joseph T. Smith and Wm. P. Crawford, of the State
of Georgia, and J. A. Barker, Lawrence Cain, Everidge Cain and
T. M. Talbert, of the State of South Caroliua.

Sec. 3. That, for the purpose of raising the necessary capital
stock of said company, it shall be lawful to open books of subscrip- subbcription.
tion, iu the State of South CaroHna, iu the Counties of Abbeville
and Edgefield ; and, iu the State of Georgia, in the Counties of
Richmond and Columbia; and in such cities and towns as may be
deemed for the best interest of the corporation, under the direction
of the corporators, to an amount not exceeding one million dollars,
(81,000,000), in shares of twenty dollars (S20) each, to constitute a ^''^p"^! ^^ock.
joint capital stock, for the purpose of constructing and carrying into
operation the aforesaid railroad, or any part thereof. And it shall
be the duty of the said corporators, or a majority of them, to open
books of subscription as soon after the ratification of this Act as
may be practicable, of which twenty days' previous notice must be
given in any newspaper or newspapers in the States aforesaid ; and
the subscription books shall be kept open for sixty days ; that, on
each share of stock subscribed, the said subscribers shall pay two
dollars (82), or it** equivalent, in currency, to tho corporators, who
shall give a certificate for the same ; and, on the non-payment of
said installment, the subscription shall be void; the corporators
shall di'pDsit the money received by them on said cash installments
ill a solvent bank, in any of the States aforesaid, and at the expi-
ration of every thirty days. That when the sum of one hundred

,., " ii'ii' 1 - r. \ Ml • \ When said

and litty tlu)usand dollars (.bloO.OOO) are subscribed, the said cor- Compuny may
,, , I II • • i- 1 ■ 1 orgiUilzo.

porators, or a majority oi tluiu, shall give notice or the time and
place of meeting for organization in some public newspaper
in each of the States aforesaid. But if the sum of one hun-
dred and fifty thousand dollars (Slo(),0()0) shall not be subscribed
within the first appointed time, the said corporators may, for the

218 STATUTES AT LARGE

A. n. 1872. pi,,.pose of furtluT subscriptions to the capital stock, keep the
l»ooks open for such time, and at such places, as they may deem
l)roper : Provided, That the corpurators shall not keep the bo(iks
open for a longer period than one year, at the expiration of which
time the right to solicit and receive subscriptions shall vest in the
President and Directors of said company.

Sec. 4. Whenever the said sum of one hundred and fifty thou-
sand dollars (S150,000) is subscribed, in tlie manner herein pre-
scribed, the subscribers, their executors, administrators and assigns,
shall be, and they are hereby, declared to be, incorporated into a

company, by the name of the " Greenwood and Augusta Railroad
Corporate y-, . „ , *

name. Company, and may organize as herein provided.

Sec. 5. The said company, by its name above mentioned, shall

have perpetual succession of members ; shall hold real and personal
General pow- . , i i i , . , , ,

ers. property, may sue and be sued, may plead and be impleaded, may

have and u.se a common seal, which they may break and use at

pleasure, and make all such by-laws, rules and regulations as they

may deem necessary for the well ordering and conducting the afiairs

of the company.

Sec. 6. At the first meeting of the said company, to be called by

the corporators, as above stated, and at all subsequent meetings, it

shall.be lawful for any stockholder to be represented by proxy,

whose appointment shall be in writing, signed by such stockholder;

but a person not a stockholder shall not represent such proxy, A

majority of two-thirds of the stockholders present, or represented

Eiec'ion of by proxy, are empowered to transact any and all business connected

Directors. with the company. At the first meeting of stockholders, and an-
nually thereafter, at such time and place as may be appointed by
the by-laws, they shall elect, by ballot, to serve one year, and until
another election, a President and ten Directors. No person shall
be elected a President or Director who is not the owner of twenty
shares, which must have been held for three months prior to his
election ; but this does not apply to the first election herein provided
for. In the election of President and Directors, in the establish-

hoiiiir enti- ment of the by-laws, and all other acts to be done by the stock-
vote per holders, in their, corporate capacity, each stockholder shall be enti-
tled to one vote for every paid up share of the stock subscribed by
him.

Sec. 7. That, for the purpose of acquiring such lands, or right of
way, as they may require for the location and construction of the
said railroad, with such depots, warehouses, stations, wharves, and
other necessary establishments, or for extending or altering the same,
the said company shall have every right, privilege and power here-
tofore granted to, and which now is, or has been used or enjoyed by,

8iiai"e.

OF SOUTH CAROLINA. 2Ui

any niilroad company licTctofore incorporated in cither of the States ^ ^ '*"'-'■
aforesaid ; and .shall, also, be entitled to the use and benefit of every
pniccss and proceeding provided by law for enabling railroad com- £,,^11,^^ ^q
|)anies, in either of the States aforesaid, to obtain such lands, or a" i'"' rifiius

' ' ' _ _' tiixl ))rivl-

ri'dits of way, as they require, in cases in which the consent of the ifiK'.'s conior-

owners cannot be obtained. And the said company shall have the mihoiKi com-
• 1 /. • 1 • M 1 1 • 1 • P'^xy 1" the

same exclusive right of transportation on their railroad which j.s sta c.

possessed and enjoyed by any other railroad in either of the afore-
mentioned States. And persons trespassing, intruding, or willfully
destroying any of the property of the said company, shall be liable
to all penalties to which persons willfully destroying, damaging or
obstructing any other railroads, or parts or parcels thereof, are made
liable by any law in either of the States aforesaid. And the said
company shall have the same presumptive right and title, and to
the same extent, to lands through which their railroad may be built,
in absence of any agreement with the proprietor or proprietors of
such lands, which is possessed or enjoyed by any other railroad, in
the States mentioned above, as to the lands through which their
railroad may have been, or may be, constructed, in absence of any
contract with the owners thereof.

Sec. 8. That it shall be lawful for the said company to increase
their capital stock to any amount not exceeding two million dollars ^"f^^^ock^
(§2,000,000) by receiving sabscrij^tions for additional shares, on
such terms and conditions as they may think proper to prescribe;
and also to borrow money for the jiurposes aforesaid, on such terms,
and at such rates of interest as they may think proper.

Sec. 9. Subscriptions to the stock of said company shall be pay-
able by installments of five dollars ($5) on each share, after paying p"y'it^j"'\*,,'°',\!
first installment as aforesaid, and at intervals of not less than ninety staiimenia.
days, under such regulations as may be prescribed by the by-laws.
Pul)lic notice of the time and place of payment of each installment
shall be given at least twenty days beforehand ; and, in case any in-
stallmentor any shareshall remain unpaid for the space of thirty days
after the time for payment thereof, the share shall be forfeited and
vested in the said company, and the defaulting stockholder released
from all obligations to jiay the amount unpaid on the forfeited

share. The shares of the capital stock of said company shall be

1 1 1 11 1 .11 1 , . i" 1 • 1 Shii'- 9 tmns-

|)ersonal property, and sliall l)e assignable and transreral)le, in sucli f mbic.

manner, and under such regulations, as may be prescrilitd by the

by-laws.

Sec. 10. The President and Directors of the comj»any shall have

authority to execute all the powers hereby granted to said cora-

panv, subject to such limitations and restrictions as may be imposed

"1 1 1 m .11 Annual meet-

l)y the by-laws. There must be an annual meeting ol the stock- ings.

220 STATUTES AT LARGE

A. D. 1872. holders, at such time as may be appointed by the by-laws, at which
^""'^^ the President and Directors shall make a report, in writing, of the

affairs and condition of the company, which report shall be pub-
lished in a newspaper of each of the States aforesaid. Other meet-
ings may be called by the President or Directors, when they deem
it expedient, and, also, when twenty stockholders, representing
three hundred shares, shall demand the same in writing. The cor-
porators, herein appointed, shall give a written account of all funds
received b}^ them, and of the disposition of the same, at the first
meeting after the ratification of this Act. It shall be lawful for

„ , ^ the stockholders, at any meeting, to remove the President and

Removal of 5 j c

officei-3. Directors, or any of them, from office, and elect others in their

stead. The President and Directors shall have authority to draw
out the money deposited in bank, by the corporators, for subscrip-
tion to the stock of the company: Provided, That the same is
only used for the interest of said company.

Sec. 11. This Act shall be in force for the term of forty years

from the ratification thereof, and shall be deemed, and is hereby

Time for declared, a public Act : Provided, That the work, for the execu-

and compifct- tion whereof the said company is formed, shall be commenced
° ' within two years from the first day of January, one thousand

eight hundred and seventy-two, and be completed within eight
years thereafter : And provided, further, That said road shall be
subject to the provisions of an Act entitled "An Act to declare
the manner by which the lands, or the right of way over the
lands of persons or corporations may be taken for the construc-
tion and uses of railways and other works of internal improve-
ment," ratified September 22, A. D. 1868 : Provided, That nothing
herein contained shall be so construed as to exempt the said
company from the payment of taxes.

Approved March 13, 1872.

No 171 ^-^^ ^^"^ ^*-* -Authorize the Mayor and Aldermen of the
City of Columbia to Issue Bonds, and to Negotiate and
Sell the Same.

OF SOUTH CAROLINA. 221

empowered to borrow money, by issuing city bonds, from time to ^- ^- ^^72.
time, to an amount which, together with the outstanding indebted- ^

ness of the city of Columbia, shall not exceed the sum of six hun- Authorized
dred thousand dollars, it being thereby intended that the whole in- bonds.
debtedness thereof, whether by bonds or otherwise, shall at no time Amount lim-
be increased beyond the said sum of six hundred thousand dollars:
Provided, That, before such issue, the City Council shall recall and Cancellation
cancel the bonds issued, to the amount of tv/o hundred and fifty bondsf^ " °
thousand dollars, issued August 21, 1871, for the erection of City
Hall and Market : And lorovided, further, That no part of said

"^ Proviso

bonds shall be used for the purchase of any franchise or corpora-
tion.

Sec. 2. That one moiety, or half, of each issue of the said bonds,
shall be of the denomination of one thousand dollars; one-fourth Dennmina-
part thereof, of the denomination of five hundred dollars; and the ^number of
remaining one-fourth part thereof shall be of the denomination of ^°'"^^^-
two hundred and fifty dollars, each and all of which bonds shall be
signed by the Mayor of the city, and countersigned by the City
Clerk and Treasurer, and sealed with the corporate seal, and num-
bered consecutively from one to six hundred. ' Each of said bonds ^
shall be made payable at twenty years from the date thereof, and
shall bear interest at the rate of seven per centum per annum, pay-
able semi-annually, on the first day of January, and the first day
of July, of each year, with corresponding semi- annual interest cou- when pay-
pons, signed with the written signature of the said City Clerk and
Treasurer.

Sec. 3. That no bond shall be negotiated under the provisions of
this Act otherwise than by public sale, notice of which sale shall be Manner of
given for at least thirty days in one newspaper published in Colum-
bia, one in Charleston, and two in the city of New York, and that
the sale of all such bonds shall be made by the Treasurer of the
city of Columbia : Provided, That all such sales and negotiations
shall be conducted in accordance with such rules and regulations as
the City Council may prescribe.

Sec. 4. That the said Mayor and Aldermen shall keep a registry Reo-istw to
of all bonds heretofore issued and now outstanding, and of all bonds ^ekept.
which shall be issued under the authority of this Act, showing the
number and amount of each bond, the date when issued, and the
date of maturity, which registry shall at all times be open to the in-
spection of any corporator, tax payer or bond holder ; and, at any
time, upon the written demand of the holder or holders of bonds to
the amount of fifty thousand dollars, or of corporators to the num- publication
ber of twenty, the said Mayor and Aldermen shall publish a de- ofj^i^y"^'-'®'^'^-
tailed statement of the city indebtedness and the character of the

Special lax.

222 STATUTES AT LARGE

A. D. 187-2. same, verified by the oaths of the Mayor and of tlic City Clerk aud
Treasurer.

Sec. 5. That, in addition to the levy of the annual taxes for the
support of the city government, the said Mayor and Aldermen
shall levy, annually, a special tax for the payment of the semi-an-
nual interest upon the bonds which shall be issued under the
authority of this Act, and, also, the interest upon the bonds of the
city of Columbia which have been heretofore issued by authority of
Boniis not law : Provided, however, That said bonds shall not be subject to

taxable. taxation by the said City Council of Columbia : And provided,

further, That the taxes hereby authorized to be levied and collected,
for the payment of the semi-annual interest on the said bonds, shall
be levied aud collected from such sources, upon such property, and

wiiauev'ieci. at such rate?, as are established and designated by law as sources of
revenue, subjects or objects of taxation, and at rates, for the support
of the said city government.

Sec. 6. That the said Mayor and Aldermen are hereby author-

of procuecls"of ized and directed to apply the proceeds of the sale of said bonds —

sale of bunds. ^^.^^^ ^^ ^]^^ payment of any debts heretofore contracted, or which
may hereafter be contracted, for the construction of the new City
Hall and the new Market ; and, secondly, for the improvement of
the streets, the extension of the water Avorks, aud for any other im-
provements which shall be judged advisable by the said Mayor
and Aldermen : Provided, That no part of said bonds shall be used
for the purchase of any franchise or corporation.

Sec. 7. That the saVI Mavor and Aldermen are hereby prohib-

Proliibiting . " . n r-i -i i • i i i

increase of i ted from increasing the debtor the city oi Columbia beyond the
sum mentioned in the first Section of this Act ; and, upon any at-
tempt being made so to do, any bond holder or corporate tax payer
shall have his action to enjoin the said Ivtayor aud Aldermen from
so doing.
Abstract of Sec. 8. That said Mayor and Aldermen shall cause the provi-
^'prinYeVon^*^ sious of this Act, or an accurate abstract thereof, to be printed on
each bond. ^^^^ back of each bond; and, on the face of each bond, it shall be
expressed that the same is issued under tlie authority of this Act.
Frandnient Sec. 9. That if the Mayor, any Alderman of the city of Colum-
iasuc "jfj'"j^^^j^f bia, or any officer thereof, shall privately or fraudulently issue any
of said bonds, he shall be adjudged guilty of felony, and, upon
conviction, shall be punished by fine and imprisonment, at the dis-
cretion of the Court.

Sec. 10. That, upon the completion and occupation of the said
Citv Hall, the said Mayor and Aldermen shall, at once, bv ordi-

SinlcL ngfund. ^ • ' . . „ . , . „ , , , , *,

nance, make provision for a sinking fund, to be based upon the net
annual income derived from such parts of the said City Hall as

OF SOUTH CAROLINA. 223

may hv leased from them, tlie proceeds of which sinking fund shall a. D. 1872.

be solemnly set apart for the payiueut of the debt, and the interest ^*"~v— ^

thereon, contracted in the erection of the said City Hall. And, i)i

case the said Mayor and Aldermen shall uegleet so to do, it shall neglect, eiti-
,,,,,„ , .. /. /', 1 1 • 1 • , Zens to have

be lawiul lor any ten citizens or Columbia, being tax payers, to action.

have an action, on behalf of themselves and all other tax payers of

the said city, to compel the said Mayor and Aldermen to establish

such sinking fund, and to restrain them from using or appropriating

the said income in any other way, or to any other purpose, than

that herein declared.

Sec. 11. That all Acts or parts of acts, heretofore passed and Reiocaiine

now of force, authorizing the Mayor and Aldermen of the city of clause.

Columbia to borrow money upon the bonds thereof, or by issuing

the stock thereof, be, and the same are hereby, repealed.

Approved March 13, 1872.

AN ACT TO Alter and Amend the Charter op the Town of No, 172.
Geeenyv'ood, South Carolina.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
,eral Assembly, and by the authority of the same. That all persons corporators,
having resided twelve mouths in the town of Greenwood, in the
County of Abbeville, are hereby declared to be a body politic and
corporate, by the name and style of the town of Greenwood, and
its corporate limits shall be an irregular polygon, the vertices of
whose angles shall be at, or near, the following points, to wit : Isf . .^Q^yj™^*^ °^
A large pine tree near J. R. Tarrant's residence, on the Abbeville
road. 2d. A point on the New Market road, in a flat just beyond
James Creswell's residence, od. Tiie point on the road that leads
to W. A. Blake's, Avhere the Greenville and Columbia Railroad
crossed. 4. The first small branch on the New Cut road, beyond
J. W. Rycard's. 5th. The hollow bridge, on the Abbeville road,
just beyond J. H. Oldham's residence. 6th. The junction of the
Cokesbury and Stoney Point Roads.

Skc. 2. The said town shall be governed by an Intendant and offlcere
four Wardens, who shall be elected on the second Monday in Janu-
ary next, and in every year thereafter, ten days' notice being pre-
viously given ; and all male inhalMlants of said town, who are quali-
fied under the Constitution of this State to vote for members of the
Legislature, and who have resided therein twelve mouths immedi-

224

STATUTES AT LARGE

A. D. 1872.

Electors.

Iftlection.

Managers.

ately preceding the election, shall be eligible to the office of Intend-
ant or Wardens. Male in]iabitant.s, who are qualified to vote for
members of the Legislature, and who shall have resided within the
limits of the corporation for sixty days immediately preceding the
election, shall be entitled to vote for said Intendant and War-
dens,

Sec. 3. The election of Intendant and Wardens of the said town
shall be held at some convenient public place therein, from six
o'clock in the morning until six o'clock in the evening, and, when
the polls are closed, the Managers shall forthwith count the votes,
declare the election, and give notice in writing to the parties elected.
It shall be the duty of the. Clerk of the Court for Abbeville County
to give legal notice and appoint the Managers for the first election.
And the Intendant and Wardens, for the time being, who shall be
known as the "Town Council of Greenwood," shall give the legal
notice, and appoint three persons to manage all subsequent elections,
who shall manage and declare the same as herein provided for the
first time of election. The Managers shall, before they open the
polls for any such election, take an oath fairly and impartially to
conduct the same, and the Intendant and Wardens, before entering
upon the duties of their office, shall take the oath prescribed by the
Constitution of this State, and also the following oath, to wit: "As
Oath of office. Intendant and Wardens of Greenwood, I will equally and impar-
tially, to the best of my ability, exercise the trust reposed in me, and
I will use my best endeavors to preserve the peace and good order,
and carry into effect, according to law, the purposes for which 1
have been appointed or elected : So help me God." And if any
person elected Intendant and Warden shall refuse to serve as such,
he shall forfeit and pay to the Town Council of Greenwood the sum
of twenty dollars, for the use of said town : Provided, That no per-
son shall be compelled to serve more than one year in any term of
three years.

Sec. 4. In case a vacancy should occur in the office of Intendant
or Warden, by death, resignation or otherwise, an election to fill
such vacancy shall be held by the appointment of the remaining
members of the Town Council, ten days' previous notice having been
given; and, in case of sickness or temporary absence of the Intend-
ant, the Wardens, forming a Council, shall have power to elect one
of their number Intendant pro tern.

Sec. 5. That the Intendant and Wardens, duly elected and
qualified, shall, during their term of service, severally and respec-
tively, be vested with all powers of Justices of the Peace, within
the limits of said town, except for the trial of small and mean
cases ; and the Intendant shall, as often as he may deem necessary.

Vacancy.

Judicial
powers.

OF SOUTH CAROLINA. ' 225

summon the Wardens to meet in Council, any three of whom shall -^- ^- i^'--
constitute a quorum to transact business; and shall be known by "^ ~

the name of the " Town Council of Greenwood," as aforesaid ; and
they, and their successors in office, may have and use a common
seal, which shall be affixed to all their ordinances; and, by their
said corporate name, may sue and be sued, j)lead and be impleaded,
in any Court of law or equity in this State. The said Town Coun-
cil s'uall have full power, under its corporate seal, to make all such
rules, by-laws and ordinances, respecting the roads, streets, markets
and jjolice of said town, as shall appear to them necessary and re- lations. ^^^^'
quisite for the security, welfare, good government and convenience
of the same, and for preserving the health, peace and good order
thereof; but no fine above the sum of twenty dollars shall be col-
lected by said Council, except by suit in the Court of Common
Pleas for Abbeville County : Provided, That no fine exceeding fifty
dollars shall be imposed, and that nothing herein contained shall
authorize the said Council to make any by-laws inconsistent with,
or repugnant to, the laws of this Sfate.

Sec. 6. That the Intendant and Wardens shall have the full
and only power of granting licenses for billiard tables, to keep '^enoe.
taverns, or retail spirituous liquors, within the said limits, which
licenses shall be granted in the same manner, and upon the same
condition, as they now are, or may hereafter be, granted by the
County Commissioners under the laws of this State ; and the pow-
ers vested in the County Commissioners are hereby granted to the
said Intendant and Wardens within the said limits ; and all money
paid for licenses, and for fines and forfeitures for retailing spirituous
liquors, keeping taverns and billiard tables, within the said limits,
without license, shall be appropriated to the public use of said cor-
poration.

Sec. 7. That it shall be the duty of the said Intendant and War- Road and
dens to keep all roads, ways and streets, within their corporate street duty,
limits, open and in good repair; and, for that purpose, they are in-
vested w'ith all the powers granted to County Commissioners ; and,
for neglect of duty therein, they shall be liable to the same penal-
ties as are imposed on County Commissioners. The Intendant and
Wardens shall have power to com[)ound with all persons liable to
work on said roads, ways and streets, to release such persons as
may desire it, upon the payment of such sum as they may deem a
fair equivalent therefor, to be applied by them to the use of said
corporation ; and no person residing within the said limits shall be
liable to work on any roads without the said limits.

Sec. 8. The Intendant and Wardens shall have power to "appoint
^Marshals, who shall be duly sworn in, and invested with all the
15

226 STATUTES AT LARGE

A. D 1872. powers Constables have by law, aud whose jurisdiction and au-
thority shall be confined within the corporate limits of said town.

„. , ,. Sec. 9. That, for any willful violation or neglect of dutv, mal-

Violation or ' j b . '

neglect of du- practice, abuse or oppression, the ^aid Intendant and Wardens,
severally, shall be liable to indictment, and, upon conviction, to be
fined at the discretion of the Court, not exceeding one hundred
dollars, and removal from office, besides being liable for damages
to any person injured.

Sec. 10. All Acts and parts of Acts heretofore passed in rela-
tion to the incorporation of the town of Greenwood be, and the
same are hereby, repealed.

Sec. 11. This Act shall be taken and deemed to be a public Act,
and shall continue in force for the space of twenty years from and
after its passage.

Aj)proved March 13, 1872.

Xo. 173. AN ACT to Ixcorpoeate the Ziox Baptist Church, of

Columbia.

Section 1. Beit enacted hy the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
Corporators. eral Assembly, and by the authority of the same, That, from and
immediately after the passage of this Act, Isaac Goodwin, A. S.
Night, A. Worthy, Daniel Golden, Peter Jofferson, and all other
persons who now are, or who hereafter shall or may become, mem-
bers of the said church, shall be, and they are hereby declared to
be, a body corporate, by the name and style of the Zion Baptist
name. Church, and by their said name shall have succession of officers and

members, and have a common seal.

Sec. 2. That the said corporation shall have power to purchase,
powers. receive and possess any real or personal property, not exceeding in

value the sum of twenty thousand dollars, or to sell the same ; and
by its corporate name to sue and be sued in any Court of this State ;
and to make such rules and by-laws, not repugnant to law, as may
be thought necessary and expedient.

Sec. 3. This Act shall be deemed a public Act, and shall continue
in force twenty-five years.

Approved March 13, 1872.

OF SOUTH CAROLINA. 227

AN ACT TO Incorporate the Sumter Land Joint Stock and ^- ^- ^^'^-■

Loan Association, of Su3iter, South Carolina, .^^T ^'Z.

No. 1*4.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That Wesley ^

■' ■' *' ■' Corporators.

"Westbury, W. H. Gardner, A. L. Singleton, Richard Canty, Mon-
day Douglas, Hamp Spencer, J. M. Tindal, Butler Spears, Samuel
Lee, R. A. Wilson, Frank Washington, Mat. Brooks, Enoch Ar-
chey, James Jackson, Henry Cain, W. W. Ramsey, Hannibal
Bennett, James Smiley, Jackson Simmons, W. E. Johnston, F. J.
Moses, Jr., David Boyd, R. M. Andrews, Jack Bowen, Burrell
James and Benjamin Lawson, together with such other persons as
now are, or hereafter may be, associated Avith them, be, and they
are hereby, declared a body politic and corporate, for the purpose purposes of
of buying and holding real estate in the County of Sumter, or at ^o^'Po^'^tion.
any point within the County or State of South Carolina, and
making loans of money, secured by mortgage of real estate, and
by the hypothecation of bonds and stocks and other choses
in action, and personal property, to its members and stock-
holders, by the name and style of the Sumter Land Joint Stock rpj^jg
and Loan Association, of Sumter, South Carolina. The capital
stock of said association to consist of twenty-five hundred shares ; Capital stock,
but as soon as one thousand shares shall have been subscribed
thereto, the said association shall organize and commence opera-
tions ; said shares to be paid by successive monthly installments shares-mode
of one dollar on each share, so long as the said association shall of payment,
continu-e; the said shares to be held, transferred, assigned and
pledged, and the holders thereof to be subject to such fines, pen-
alties and forfeitures for default in their payments as the regu-
lations and by-laws of said association may iDrescribe.

Sec. 2. That the said association shall have number and sue- General

cession of officers and members as shall be ordained and chosen Po^<^^'s-
according to the rules and by-laws made, or to be made, by
them for their government; and shall have power and authority,
from time to time, and at all times, to make such rules and by-
laws as are not repugnant to the Constitution and laws of the land ;
to have and keep a common seal, and to alter the same at w'ill ;
to sue and be sued, implead and be impleaded, in any Court of
law or equity in this State : and shall have and enjoy every right
and privilege incident and belonging to corporate bodies, accord-
ing to the laws of the land.

Sec. 3. That the funds of said association shall be invested
•I'l 1 /•! .1/-M /^ Investment

either in the purchase oi real estate in the County of Sumter, of funds.

228 STATUTES AT LARGE

A. D \y7i. South Ciiroliiui, or in any C'ounty or euli-division of tlie State of
South Carolina, which shall he rented out, or leased, or sold anrl
eonveyeil to the memhcrd and stockholders of said a.ssociation,
upon such terms and conditions as, from time to time, niay he pre-
scrihed by its rules and hy-la\vs, or be loaned out and advanced
to the members and stockholders thereof, upon the security, and
by hypothecation of real estate in the County of Sumter, or
any other sub-division of the State aforesaid, or bonds, stocks, or
choses in action on personal proj)erty, on such terms and condi-
tions as, from time to time, may be prescribed by the rules and
by-hi\vs aforesaid. And it shall and may ])e lawful for the said
association to hold and enjoy, for the mutual benefit of its mem-
bers and stockholders, all such lands, tenements and heredita-
ments as may l)e bona Jide purchased by, and conveyed to, it; or
as may be mortgaged to it by way of security upon its loans
and advances; or as may be purchased by, or transferred and
conveyed to, it, at sales under judgments or decrees, at law or
equity, for securing or recovering, or in compromise settlement of,
any debt or debts due wit ; and to sell, alien, barter, exchange,
convey, mortgage, or otherwise dispose of the same, from time to
time, and whenever deemed expedient.

T ^f Sec. 4. That if any of the funds of the said association shall re-
Loan of J ^

moneys on main Unproductive, or uninvested, or unneeded, or uncalled for, for
the space of two months, by its own members and stockholders, it
shall be lawful for the said association to lend out what moneys
may be on hand to others than stockholders, at such rates of interest,
(on such security, whether of mortgage or real estate, choses in
action, or other personal property) as may be agreed on, to be safely
invested, to be repaid within one year.
Division and ^^^- ^- -^"'1^^, whenever the funds and assets of the said associa-
<ii8tributiou fion shall have accumulated to such an amount that, upon a fair

of assets. ' t'

division thereof, such stockholders, for each and every share of
stock held by him or her, shall have received, or be entitled to
receive, the sura of two hundred dollars, or the value thereof in
property or assets, and such division and distribution shall have
been made, then the said a-ssociation shall cease and determine:
Provided, however, That in case the said association shall not have
closed its operations and affairs, as above provided for, within a
shorter period, then this Act shall continue in force until repealed.

Approved March l:], 1872.

OF SOUTH CAROLINA. 2'2i)

AN ACT TO iNcoKroRATE THE Abbeville Agricultural a.d. is72.

Soci i:t Y . TT "^ ~_

ISO. I i).

Section 1. Be it enacted by tlie Senate and House of Represen-
tatives of tlu- State of South Carolina, now met and sitting in General
Assembly, and by the authority of the same, That D. AVyatt Aiken.
]'. H. r.ra.lley, Wm. H. Parker, J. S. Cothran,G. McD. .Miller, W" < o'-po'-^tors.
Joel Smith, F. A. Connor, James A. Reid, J. M. Latimer, I). M'
Rogers, Jame.s Pratt, A. M. Aiken, INI. C. Toggart, A. W. Lawson and
R A. Griffin, and their successors in office and associates, be, and they
are hereby, constituted a body politic, under the name of tbe " Ab- corporate
bcville Agr'cultural Society," with a capital stock not exceeding "^™^-
li e tho;!sand dollars, in shares of ten dollars each ; with the right
to sue and be sued, to plead and be impleaded, in any Court of
competent jurisdiction ; to have and use a common seal, and the po^d-g and
same to alter at will and pleasure; to purchase and hold real estate privileges,
or other ])roperty ; and with all other rights, privileges and im-
munities that are now secured by law to incorporated bodies.

Sec. 2. That this Act shall be deemed a public Act, and shall
continue in force until repealed.

Approved March 13, 1872.

AN ACT TO Reduce all Acts and Parts of Acts to De- No. 17G.

TERMINE AND PERPETUATE THE HoMESTEAI) INTO ONE ACT,

AND TO Amend the Same.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That whenever
the real estate of any head of a family, resident in this State, shall
be levied upon by virtue of any mesne or liiial process, issued from
any Court upon any judgment obtained upon any right of action,
whether arising previous or subsequent to the ratification of the
Constitution of the State of South Carolina, if the same be the
family homestead of such person, the Sheriff or other officer exeeu- to I'oseToit.
ting said process, shall ca^ise a homestead, such as said person may '^ "" ° '
select, not to exceed the value of one thousand dollars, to be set off
to said person in the manner following, to-wit : He shall cause three
appraisers to be appointed, one to be namerl by the creditor, one by Apprnisors-
tlie debtor, and one by himself, who sliall be discreet and disinter- {""i"",!^*^ "'^ ***

230 STATUTES AT LARGE

A. D. i<7i. ested men, to be selected from :i different ueigliborhood, and in iu>
,~.,^ wise related to either iKirty, resident in the O untv, and who shall

be sworn by a Trial Justice, or a Justice of the Peace, to impar-
tially appraise and set off, by metes and bounds, a bomeiitead of the
estate of the debtor, such as he or she may select, not to exceed the
value of one thousand dollars; and the said appraisers bhall pro-
ceed, accordingly, to set out the homestead, and the set-off and
Assignment assignment so made by the appraisers shall be returned by the officer,
f<irVccotd'*iu aloug with said process, for record in Court; and if no complaint
'^""' shall be made by either party within thirty days thereafter, no

further proceedings shall be had against the homestead, but the
residue of the lands and tenements of the head of the family, if
any more or other he shall have, shall be liable to attachment, levy
and sale: Provided, That, upon good cause shown, within thirty
days after assignment of the homesteafl, the Court out of which the

„ „„. „ process issued may order a re-api)raisement and re assignment of the

ment. homestead, by other apjjraisers appointed by the Court: And pro-

in case of vided, further, That should the creditors or debtor neglect or refuse,
ii?im1nate an after duc notice from the officer executing the process, to nominate
appraiser. ^^ appraiser, then said officer shall appoint the same.
Personal pro- ^^^- 2' Whenever the personal property of the head of any
peity exempt family residing in this State, whether the said person owns a horae-

froni attiicn- j o ' i

menttobeset gt(.^(] Qf rg.j gjjjjite or not, is taken or attached by virtue of any

out as above. ' •' _ •'

mesne or final process issued from any Court, and said person shall

claim the i)roperty. or any part thereof, as exempt from attachment

and sale on account of the same being the annual product of his or

her homestead, or as subject to exemption under the Constitution,

and the creditor and debtor do not agree about the same, the officer

executing said process shall cause the same to be ascertained, and

all exempted property set out by appraisers appointed and sworn

for the purpose, as i)rovidcd in the jireceding Section for setting

out the homestead, subject to like limitiitious and provisions, and

the residue, if any, shall be sold, for the i);iyinent of debts, which

proceeding shall be stated in the officer's return of such process.

Si:f. 3. That, if the homestead assiirned under Section 1 of this
Duty of She- . ' i i n i i

riir when Act shall not amount in value to one thousand dollars, then the

liomeslfad is „, .„. , ... , , ,, , , ^ ^, • i /. .i

wortii less Sheriff or other officer who shall make sale of the residue of tlie
' real estate of the person claiming the homestead shall pay to said

person, in preference to all other claims, out of the proceeds of said
sale, such a sum in money as will make up the one thousaml dol-
lars.
Homestead— Stc. 4. That the homestead, when assigned as herein prescribed,
ei."'"''"' '■'■'*^ shall vest in the heads of tlie family in fee simple, and be freed and

OF SOUTH CAROLINA. 231

(liscliarf,'0(l from all dohts ami lialiililios whutcver, so long as lie or ^ ^- ^'^'•
slie.^hall ivmaiii rcsidtiil iu thi.s State, aiul no longer.

Sec. 5. That the head or heads of any family to win mi a home- saieof homc-
.stcad shall have been assignod under (his Act, may ••^cll and dispose ^ *"'*'
of the same, and execute good and legal titles thereto : Provided,
riiey shall deposit the money arising from the sale thereof in the procoeiisde
custody of the Sheriff of the County, until they shall purchase another g,"e'i?iff^ ''''"'
hoiuestcad within the limits of this State; the said Sheriff to be re-
sponsible for the money so deposited upon his official bond.

Sec. 6. That the said Sheriff shall not pay out the money so de- siieriir to
posited, except to the person from whom the head or heads of the ^"-^ p"r."mf^'*
family may purchase another homestead, as hereinbefore prescribed, [,'o,^,.>^t,^Ji''™
or so much thereof as will pay for the same. The residue of the p"^''^'*^'-'^-
money dejiosited, if any, shall then be paid to the person or per-
sons who deposited the same: Provided, That if another homestead

shall not be purchased, within the limits of this State, within three

^ ' Proviso

months from date of deposit, the Sheriff, or other officer, shall

ajiply the money so deposited to the payment of the debts due from

the depositor, if any there be.

Sec. 7. That the exemptions contained in the preceding Sections Homestead,

_,.,,,, , . , , when subject

or this Act shall not extend to an attachment, levy or sale on any to attuch-

/. , . , ^ /■ 'i , L- mentamlsale.

nii'sne or nnal process issued to secure or enforce the payment oi

taxes or obligations contracted for the purchase of said homestead,
or oldigatious contracted for the erection of improvements thereon :
Provided, The Court or authority issuing said process shall certify
tlierciju that the same is issued for some one or more, and uo other, of
said purposes: Provided, further, The yearly product of said home-
stead shall be subject to attachment, levy and sali', to secure or en-
force the payment of obligations Contracted in the production of the
same ; but the Court issuing the process therefor shall certify thereon
that the same is issued for said jmrpose, and no i>ther.

Sec. 8. The widow and minor children of any deceased father or Ricrhts of
husband shall be entitled to the right of the homestead. When a ^uiow mui
widow or minor children are entitled to an estate or right of home- ^^'■^"•
stead, the same shall be setoff, and the title executed to the i)artie8
entitled by the Judge of the Probate Court, who shall a])point three
disinterested persons, resident in the County, who, having been duly
sworn, shall proceed to appraise and set out. by mates and bounds,
such homestead, and make return to him. If no complaint shall be
made against said appraisal and setting outof the homestead, within
thirty days tliereufter, by any party interested therein, the same
>hall be confirmed by the Judge, and ordereil accordingly.

* . , "^ Oni'-thuil of

hKc. Ji. Ihat one-third of the annual products of agricultural la- annual pio-

1 , . . . , , , . ducts exiMuiit

borers, mechanics, artisans and tradesmen of eveiy description, from attach-
ment and saiu.

232 STATUTES AT LARGE

A. P. 1S72. without retrard to valuation, character or condilion of products or
^ " ' earnings, shall be exempt from aLLachment, levy and sale, except to
enforce the payment of taxes.

Sec. 10. That no Sheriff, Constable, or other officer, whose duty
it is to enforce executions, shall i)roceed in any other manner than
is prescribed in this Act.
Ponuityor Sec. 11. Should any officer sell any real estate, or sl-II or remove

this Act. any personal property, of the head of any family, whether the head

of such family is a freeholder or not, without his or her consent, in
violation of the provisions of this Act, and of Section o2 of Article 2
of the Constitution of the State of South Carolina, he shall be deemed
guilty of malfeasance in office, and, on conviction thereof, shall,
for the first offense, be fined in a sum not less than five hundred
(500) dollars, nor more than one thousand (1.000) dollars; and, for
the second offense, .shall be dismissed from office ; and, in either
case, shall be liable to the parties for all injuries by reason of his
wrongful levy or sale.

Sec. 12. Appraisers appointed to set out the homestead, under

tion of Ap- this Act, shall receive, as compensation, two dollars each, per day,

TriaiJustices. and five cents a mile for every mile necessarily traveled, for such
services. The Trial Justice, or Justice of the Peace, who qualifies
the appraisers, shall receive seventy-five ceuts, and five cents a mile
for every mile necessarily traveled, for such services. The foregoing

whom paid.^^ f^^s shall be paid by the officer executing the process out of the
property of the debtor ; or, in case of the homestead set out to a
widow or minor children, out of the estate of the deceased, by the
executor or administrator thereof. The Sheriff' is hereby authorized
to retain two and one-half ])er cent, on every one hundred dollars
dejiosited with him, as directed by this Act, a.s compensation for re-
ceiving and paying out moneys so de])ositcd.

Sec. 13. All Acts or parts of Acts inconsistent with this Act,
or supplied by it, be, and the same are hereby, repealed.

Approved March 13, 1872.

Xo. 177. ^^ ACT TO Exempt the Keeper-s Employers and otijek

OPFICEIiS OF THE SoUTH CAROLINA PENITENTIARY AND LuNA-

Tic Asylum from Mflitay' and other Duties.

Jie it enacfed by the Senate and House of Representatives (>f the

State of South Carolina, now met and sitting in General Assembly,

jnry.'mi'iiitary '^"^l by the authority of the same. That on and after the passage

iiu'ty. '^^^*'*'^ of this Act, all guards, keepers, employees and other officers that

OF SOUTH CAROLINA. 233

are now, or may hereafter be, employed at tlie South Carolina Pen-
itentiary ami Ijunatie Asylum, shall he exempted irom serving on
juries, and from mllitaiy, road or stniet <luty.

Approved March 13, 1872.

A. D. lH7i

AN ACT FOR THE Protection of Buoys ANt> Beacons. No. 178.

Section 1. Be it enacted bv the Senate and House of Represen- PonsiUy for

/.in ,. T 1 ^ 1- 1 • ■ • /-I <lHtuil)inK or

tatives 01 the State oi teouth Carolina, now met and sitting lu Crene- injinhiK hea-
ral Assembly, and by the authority of the same, Any person or guides,
persons who shall moor any vessel, scow, boat or raft to any buoy,
or beacon, or floating guide, placed by the United Sfates Light
House Board in the navigable waters of this State, or who shall, in
any manner, make fast thereto any vessel, boat, scow or raft ; and
any person or persons who shall wilfully destroy, injure or remove
any such beacon or guide, shall forfeit and pay a sum not exceed-
ing one hundred dollars, or be imprisoned in the common jail not
exceeding three months.

Sec. 2. Said forfeitures may be recovered bv an action of tort, Foifeitnrps—
, . . ,. , „ ^ * , liow locover-

complaint or indictment, beiore any Court competeait to try the ed.

same ; one-half accruing to the informer or complainant, and the

other half to the County in which the trial shall be had.

Approved March 13, 1872.

AN ACT TO Supply the Deficiency in the Appropriation ^Ns'o. 170.
FOR the Support and Maintenance of Free Com.mon
Schools for the Fiscal Year ending October 31, 1871.

SRcrriON 1. Be it enacted by the Senate and House of Represen-
tatives oi' the State of South Carolina, now met an<l sitting in Gene-
ral Assc^mbly, and by the authority of the same. That the sum of Amount ap-
seventy-five thousand dollars (§75,000) be. and the same is hereby. p»oi"''"^*^^-
appropriated to supply the deficiency in the M|tpropriation lor the
support and maintenance of Free Common Schools for the fiscal
year ending October 31, 1871.

Sec. 2. That each of the several Counties of the State shall be ^ . „

. . . . Eiich County

entitled to receive from said defici(>ncy ai^nropriatioii such a sum ^^ r<ceive ex-

„ . .- 1 1 I ,j(.( aiiiount-'of

or money as is equal to the exact deficiency existing in tlie Free dvticiuucy.

234 STATUTES AT LARGE

A. D. i87.>. School Funds of said County, for the fiscal year ending October 31,

1871, and- no more.
Superinten- Sec. 3. That the State Superintendent of E<lucatiun, upon his
cauoi^ to' is receipt of an official statcmeiit, sifi^ned by the County Sciiool Cimi-
in*' nivor'^'^of 'uissioner and County Treasurer of any County, and showing the
.surorsf ^'^*^^' deficiency existing in the Free School Funds of said County, for the
fiscal year ending October 31, 1871, .<hall, if he approve said state-
ment, issue an order in favor of the County Treasurer of the County
aforesaid, payable from the appropriation made by Section 1 of this
Act, for a sum of money equal to the deficiency shown by the afore-
said statement.

Sec. 4. That no part of the apjjropriation created by Section 1
Appropiiii- of this Act shall be disbursed by the State Treasurer, except upon

tjon to be (lis -^ 'II

buisod only order of the State Superintendent of Ed ucatiou, uor shall the said

on his oilier. . . '■ , /. , ,. i . i

appropriation, or any part thereof, be applied, appropriated or used
for any other purpose than is specified by the terms of this Act.

Sec. 5. That this Act shall be deemed a public Act, and shall
take efiect immediately.

Approved March 13, 1872.

No. 180. AN ACT TO Renew and Amend the Charter of the Town

OF LOWNDESVILLE, ABBEVILLE CoUNTY, SoUTH CaKOLINA.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
Corporators. gj.j^j Assembly, and by the authority of the same, That, from
and after the passage of this Act, all citizens of this State, having
resided sixty days in the town of Lowndesville, shall be deemed,
and are hereby declared to be, a body politic and corporate, and
the said town shall be called and known by the name of Lfiwndes-
Corpoiiite villc, and its corporate limits shall extend in every direction one-
half mile within its present limits, to be fixed as a centre by a ma-
jority of tlie inhabitants of said village.

Sec. 2. That the said town shall be governed by an Intendant
Officers. and four Wardens, who shall be citizens of the United States, and
shall have resided in this State twelve months, and shall have berii
residents of the said town for sixty days immediately preceding
their election, who shall be elected on the second Mon<lay in Sep-
tember, 1872, and every year, thereafter, on the first Monday in
April, ten days* jjublic notice thereof being previously given ; and
Electors. that all male inhabitants of the age of twenty-one years, citizens of

limits.

OF SOUTH CAROLINA. '->3r>

the State, and who shull have resi<U'(l in this State twelve months, a^.j^.
and in said town for sixty days itninediately i)receding the election,
shall be entitled to vote for Inteudant anil Wardens.

Sec. 3. That the election for Iiitendant and Wardens of said ei^cuo,,,
town shall be held in some convenient house, or some other ronve-
niiMit public place in the said town, from six o'clock A. M., until six
o'clock. P. M., and, when the pulls shall be closed, the Managers
shall furthwith count the votes and proclaim the election, and give
notice, in writing, to the persons elected. The Intendant and War-
dens shall appoint three ^Managers to hold the ensuing and any
subsequent election. Whenever there shall not be an Intendant
and Wardens, or Intendant and Warden, from any cause whatever,
it shall be the duty of the Cltrk of Court of Abbeville Cuunty to
order such election forthwith, and appoint three Managers for the
saiuc. The Managers in each case shall, before they open the polls Managers,
for said election, take an oath fairly and impartially to conduct the
same ; and that the Intendant and Wardens, before entering upon
the duties of their respective offices, shall take the oath prescribed
by the C(nistitution of this State, and also the following oath, to
wit: " As luLeuilant (or Warden) of the town of Lowndesville, I oaih of office,
will equally and impartially, to the best of my ability, exercise the
trust reposed in me, and I will use my best endeavors to preserve
the peace and carry into effect, according to law, the purposes for
which I have been elected : So help me God." The said luten-

i , Term ot

dant and Wardens shall hold their offices from the time of their office,
election until the first Monday in April ensuing, and until their
successors shall be elected and qualified.

Si'X'. 4. That if in any case a vacancy shall occur in the office of vacancy,
the Intendant, or any of the Wardens, by death, resignation, removal or
otherwise, or in case of a tie in said election, an election to fill such
vacancy shall be held by the appointment of Intendant and War-
dens, (or Warden, a.s the case may be,) or the Clerk of Court of
Abbeville County, if there should be no Intendant or Wardens, ten
days' notice then^of being previously given ; and in case of the
sickness or tempi u-ary absence of the Intendant, the Wardens, form-
ing a Council, shall be empowered to elect one of their nund^er to
act in his stead during the time.

Skc. 5. That the Intendant and Wardens, duly elected and quali- Judicial

fled, shall, during their term of service, severally and respectively,
be vested with all the power and jurisdiction of Magisti'ates within
the limits of said town, and the Intendant shall, and may, a.s often^
as he may deem necessary, summon the Wardens to meet in Coun-
cil, any two of whom, with the Intendant, may constitute a quorum
to transact business; and they shall be known by the name of the

236

STATUTES AT LARGE

A. D. IST.

Marshals.

Police regu-
lations.

Fines.

Nuisances

Road and
street duty.

Town Council of Lowndesville ; and tlioy, and their Eucccp.eore
hereafter to be elected, may have a coniinon seal, which shall be
affixed to all the ordinances ; and the said Town Council shall have
authority to appoint, from time to time, as they see fit, such and so
many proper persons to act as Marshals or Constables of the said
town, as the said Town Coiuicii may deem necessary and expedient
lor the preservation of the peace, good order antl police thereof;
which persons, so appointed, shall, within the limits of said town,
have the powers, privileges and emoluments, and be subject to all
the obligations, penalties and regulations provided by law for the
office of Constable, and shall be removed at the pleasure of the
said Town Council ; and the said Town Council shall have power to
e.stablish, or to authorize the establishment of, the market house in
said town ; and the said Town Council shall have full power and
authority, under their corporate seal, to make all such rules, by-
laws and ordinances, respecting the streets, roads, market house,
and the business thereof, and the police system of said town, as
shall appear to them necessary and proper for the security, welfare
and convenience, and for preserving health, order and good govern-
ment within the same ; and the said Town Council may impose
fines for offenses against their by-laws and ordinances, and ai)pro-
priate the same to the public use of said town ; and the said Council
shall have the same power which Magistrates now have to compel
the attendance of witnesses, and require them to give evidence upon
the trial before them of any person for a violation of any of these
by-laws or ordinances ; but no fine above the sum of twenty dol-
lars shall be collected by the Town Council, except by suit in the
Court of Common Pleas : A)id provided, also, That no tine shall
exceed fifty dollars , and, also, that nothing herein contained shall
authorize the saidX'ouncil to make any bylaws or ordinances incon-
sistent with, or repugnant to, the laws of this State ; and all the
by-laws, rules and ordinances the said Council may make shall, at
all times, be subject to revisal or repeal by the General Assembly
of this State.

Sec. 6. That the said Intendant and ^Vardens shall have full
power to abate and remove nuisances in the said town ; and it shall,
also, be their duty to keep all roads, ways and streets, within the
corporate limits of the said town, open and in good repair; and, for
that purpose, they are invested with all the powers heretofore
granted to Commissioners of Roads; and shall have full power to
classify and arrange the inhabitants of said town liable to street,
road or other public duty therein, and to force the performance
of such duty, under such penalties as are now, or shall hereafter be,
prescril)ed by law : Provided, That the said Town Council may

OF ROUTII CAROLINA.

237

Licenses.

compound with persons liable to perforin such (hity, upon such ^- ^- ^''^''

terms, and on the payment of such sums, as may be established by

laws or ordinances : And provided, aluo, That the individuals who

compose the said Town Council shall be excm()t from the peribrm-

ance of road and police duty ; and the inhabitants of said town are

hereby exempt from road and police duty without the corporate

limits of said town.

Skc. 7. That tliH power to grant or refuse license for billiard ta-
bles, to keep tavern, or retail spirituous liquors within the limits of
said corporation, be, and the same is hereby, vested in the Town
Council of Lowndesville. And the said Town Council may grant
licenses to retail spirituous liquors to such persons, and iu such
quantities, at such rates, and ui^oii such terms aud conditions, as
the said Council may deem just and proper. And the said
Intendant and Wardens shall have the full and only power to im-
pose a tax on all shows or exhibitions, for gain or reward, withiu
the city limits. And all mone}' paid for license for retailing spiritu-
ous liquors, keeping taverns and billiai'd tables, and the tax for all
shows for gain or rev.'ard, within said limits, shall be. appropriated
to the public use of said corporation : Provided, That in no instance
shall the price of a license to keep tavern or retail spirituous li-
quors be less than the amount that is established by the State :
And provided, further, That the Intendant and Wardens, duly
elected, shall not have power to grant any license to keep tavern
or retail spirituous liquors to extend beyond the term for which
they have been elected.

Sec. 8. That the said Town Council of Lowndesville sluill liave
full power and authority to require all persons owning a lot or lots
in said town to make and keep in good repair sidewalks in front of
said lot or lots, whenever the same shall front or adjoin any of the
jiuhlic streets of said town, if, in the judgment of the Council, such
sidewalks shall be necessary, the width thereof, and the manner
of construction, to be designated and regulated by the Town
Council. And for default or refusal to make and keep in repair
such sidewalks, the Council may cause the same to be made or
put iu repair, and require the owner to ]iay the price of making
or repairing: Provided, That such contracts ibr making or re-
pairing be let to the lowest bidder.

Sec. 9. That the said Town Council of Lowndesville shall have rowertoar-

, ...,,. ,, . ,. rest and corn-

power to arrest and commit tojail, lor a space or tune not exceeding mittojan.

twelve hours, and to fine not exceeding twenty dollars, or, in lieu

thereof, to work the public roads, streets, bridges, etc., within said

corporate limits, twenty days, any person or persons who may be

guilty of disorderly conduct iu said town, to the annoyance of citi-

Sidewalks,

238 STATUTES AT LAIIGE

A^. i.«72. 2eiis thereof; and it shall hi- the duty of the Marshal <»f the town
to make such arrests, an<l call to his assistance tlu* posse comitntus,
if necessary ; and, upon failure to perforin such duty, he shall be
fined in a sum not more than twenty dollars, for eiich and every
oftense.

•Sec. 10. That the said Town Council of Lowndesville shall have

Annual tax-

'^I'O'i power to grant or refuse licenses to parties within the limits of said

town, and the parties to whom such licenses are granted shall he
subject to such regulations as may, by ordinance, be established.
They shall also have power to impose and collect an annual tax
upon the assessed property of said town : Provided, No tax shall
be imposed, in any one year, to exceed the rate of ten cents on
each hundred dollars of such assessed property ; and that the
money so raised shall be applied to the use of said town. The said
Town Council shall have poAver to enforce the payment of all taxes
levied by said Town Council, to the same extent and in the same
manner as is now. or hercafior may be, provided l)y law for the col-
lection of the general State taxes.
Sales at auc- ^^^'- ^^- That the said Town Council of Lowndesville shall have

^^°'^- power to regulate sales at auction within the limits of said town, and

to grant licenses to auctioneers: Provided, Nothing herein con-
tained shall extend to sales by Sheriff, Clerk of the Court, Judge of
Probate, Coroner, Executor or Administrator, Assignee in Bank-
ruptcy, or by any other person out of the order or decree of any
Court, Justice of the Peace or Magistrate.

Sec. 12. That this Act shall be deemed a public Act, and .-hall
continue in force until repealed.

Approved March 13, 1872.

No. 181. AN ACT to Rkxew and Extexd ttie Charter of the Ro-
man Catholic Church, of Saint Mary's, Cuarle.ston.

Pe it enacted by the Senate and IIou.sc of Representatives of
the State of South Carolina, now met and sitting in General Asseni-
Extcnsionof bly, and by the authority of the same, That the charter heretofore
granted to the Roman Catholic Church, of Saint Mary's, Charle.^*-
ton, be, and the same is hereby, extended and continued until re-
pealed, with all the rights, powers and privileges heretofore granted ;
and the official transactions of the vestry and corporators of the
said Church, since the expiration of its charter, so far as consistent

OF SOUTH CAROLINA. 239

with (lie pnwers iir:iuto<l tlieiX'hy, shall he Icgiil uiul valitl to all iii-
tciils and jmrposi'S.

Approved March 13, 1872.

A. 7).

AN ACT Kklative to the Fees of thi: State Land Com- No. 182.

MI8SIONER.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the l^tate of Soutli Carolina, now met and .sitting in Gen-
eral Assembly, and by the authority of the same, That all fees Land com-
which have been collected of actual purchasers or settlers upon the "f ifn?! "ui fees
State lands, in the differont Counties of the State, by the State unm^^seuLrB
Laud Coniniissioner, or under his directioiv, by his sub-assistants or <>" •"^a'^e lands,
agents, which fees have been by him appropriated to his own use or
profit, the same .'<hall, in the aggregate, be deducted from his salary,
if not yet paid, or if his salary has been paid, the same shall be re-
funded to the Treasury of the State, within thirty days from tiie
pa.^sage of this Act ; and, if not refunded within that time, the
surety or sureties of the said Land Commissioner shall be jointly
and severally liable fpr the payment of said amount.

Sec. 2. That in all ca.«e8 where the sum of ten dollars, or any
, 1 1 11 1 /. 1 11 Moneys col-

other amounts, have been collected irom the actual settlers upon, or leoted as tees

1 /. I o 111 1 /» 1 -r 1 /-I • ■ to be applied

purchasers of, the State lands, by order oi the Land Commissioner, in puynKiu of
1 1 1 • 1 • 1 • n f .• ^ 1 pniicipul.

through his sub-assistants, or otherwise, as fees tor titles, or other

l)apers, the same shall be credited to the said settlers, or purchasers,

as part payment for the said land.

Ai))n-oved March 13, 1872.

AX ACT TO Amend an Act, P.vssed at the Pke-sent Ses- Xo. I-*^".
8ION, entitled " An Act to Revive and Extend the Char-
ter OF the Relief Lo.vn Association, of Ciiarli%ston."

Be it enacted by the Senate and House of Representatives of the
StAte of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the first Section of the
Act to revive and extend the charter of the Relief Loan Associa-
tion, of Charleston, be so amended as to read : " Passed on the twen-

240 STATUTES AT LARGE

A. D. 187,'.

ty-first day of December, in the year of our Lord, one thousand eight
hundred and fifty-seven," instead of the " twentieth day of December,
in the year of our Lord, one thousand eight hundred and fifty .six."

Approved March 13, 1872.

No. 184. AX ACT TO Incorporate the L'nion Baptist Church, of Lau-
rens County, South Carolina.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
Corporators, ral Assembly, and by the authority of the same. That from and
immediately after the passage of this Act, all persons who now are,
or who hereafter shall or may become, members of the said
society, shall be, and they are hereby, incorporated, and are
declared to be a body corporate, by the name and style of the
Union Baptist Church, and, by the said name, shall have succession
of officers and members, and have a common seal.

Sec. 2. That the said corporation shall have power to purchase,
piivilegLr^ receive and possess any real or personal estate, not exceeding in
value the sum of twenty thousand dollars, or to sell the same ; and,
by its corporate name, to sue and be sued in any Court of this
State ; and to make such rules and by-laws (not repugnant to law)
as may be thought necessary and expedient.

Sec. 3. This Act shall be deemed a public Act, and shall continue
in force until repealed.

Approved March 13, 1872.

No. 185. AX ACT to Lncorporate the Darlington Land Joint Stock
AND Loan As.sociation, of Darlington, South Carolina.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, 'and hy the authority of the same. That Richard
H. Humbert, T. C. Cox, S. J. Keith, J." A. Smith, William Brak-y,
J. A. Williamson, P. C. Fludd. Alfred Hart, Edward Mickey, A. P.
Ford, Richard Ford, F. J. Pugh, Adam Briston, Wm. Grant, J. D.
Warley, A. L. Singleton and J. W. Thomas, together with such
other persons as now are, or hereafter may be, associated with them,

Corporatorii.

OF SOUTH CAROLINA. 2U

l)e, and they are liereby, declared a body politic and corporate, for ^- D-187-.

tlie purpose of buyiDg and holding real estate in the County of ,,|-..,^

Darlington, or at any point within the County, or the State of South corpoirtiion.

Carolina, and making loans of money, secured by mortgages of real

estate and the hypothecation of bonds, stocks, and other choses in

action, and personal property, to its members and stockholders, by

the name and style of the Darlington Land Joint Stock and Loan name.

Association, of Darlington, >South Carolina. The ca})ital stock of Capital stock.

said association to consist of five thousand shares, of the value of

twenty-five dollars per share ; but as soon as two thousand shares

shall have been subscribed thereto, the said association shall organize

and commence operations, said shares to be paid by successive

monthly installments of one dollar on each share so long as the said

association sliall continue; the said shares to be held, transferred,

assigned and pledged, and the holders tliereof to be subject to such

fines, penalties and forfeitures, for default in their payments, as the

regulations and by-laws of the said association may prescribe.

Sec. 2. That the said association shall have number and succes- G-enemi pow-
ers.

sion of officers and members as shall be ordained and chosen, ac-
cording to the rules and by-laws made, or to be made, by them for
their government, and shall have power and authority, from time to
time, and at all times, to make such rules and by-laws as are not repug-
nant to the Constitution and the laws of the land ; to have and keep a
common seal, and to alter the same at will ; to sue and be sued,
implead and be impleaded, in any Court of laAV or equity in this
State; and shall have and enjoy every right and privilege incident
and belonging to corporate bodies, according to the laws of the
land.

Sec. 3. That the funds of the said association shall be invested invpstment
either in the j^urchase of real estate, in the County of Darlington, ° ""' ^'
South Carolina, or in any County or sub-division of the State of
South Carolina, which shall be rented out or leased, or sold and
conveyed, to the members and stockholders of said association upon
such terms and conditions as, from time to time, may be prescribed
by its rules and by-laws, or be loaned out and advanced to the mem-
bers and stockholders thereof, upon the security and by hypotheca-
tion of real estate in the County of Darlington, or any other sub-
division of the State aforesaid, or bonds, stocks or choses in action
on prrsonal property, on such terms and conditions as, from time to
time, may be prescribed l)y the rules and l)y-laws aforesaid. And
it shall and may be lawful for the said association to hold and enjoy,
for the mutual benefit of its members and stockholders, all such
lands, tenements and hereditaments as may be hotia fide purchased
by, and conveyed to, it ; or as may be mortgaged to it, by way of
16

242 STATUTES AT LARGE .

A. n. 18?:. security, upon its luan.s aud advances; or a^ may be purchased by,
^ or tran.sferred and conveyed to, it, at sales under judgments or de-

crees, at law or equity, for securiii;,' or recovering, or in coinpromise
settlement of, any debt or debts due to it; and to sell, alien, barter,
exchange, convey, mortgage, or otherwise dispose of the same, from
time to time, and whenever deemed expedient.

^IJ^AfJr'*"^""' Sec. 4. That if anv of the fun<ls of the said association shall re-
moneys on

''''"'•• main unproductive, or uninvested and unneeded, or uncalled for,

for the space of two month?, by its own members and stockholders,
it shall be lawful ibr the said association to lend out what moneys
may be on hand to others than stockholders, at such rates of inter-
est (on such security, whether of mortgage of real estate, choses in
action, or other personal property,) as may be agreed on, to be
safely invested, to be repaid within one year.

Division and Sec. 5. That whenever the funds and assets of the said asscK-ia-

(listrihution . , n i i i , i i r •

of asbuLs. tiou shall have accumulated to such an amount that, upon a lair
division thereof, such stockholders, for each and every share of
stock held by him or her, shall have received, or be entitled to re-
ceive, the sum of two hundred dollars, or the value thereof in
property or assets, and such division and distribution shall have
been made, then the said association shall cease and determine:
Provided, however. That, in case the said association shall not have
closed its operations and affairs, as above provided for, within a
shorter period, then this Act shall not continue in force beyond
twenty years.

Penalty for gg^ (3_ That if any officer or sub-officer of the said assnciation
misappropri- •'

ating uio;,ey3 shall usc the moneys of said association, other than those prescribed
of A^socia- -^ _ , * ,

t^ii'Ji- by this Act, he shall, on proof thereof, be deemed guilty of a mis-

demeanor, and sentenced to pay a fine of twice the araout of money
so a])propriated, and imprisonment for a term of not less than six
months.

Sec. 7. That this Act shall be deemed a public Act, and be given
and received in evidence without being specially pleaded.

Approved March 13, 1872.

No 186 -^-^ ACT TO Incorporate the Town of Ninety-Six.

Corporators.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, antl by the authority of the same, That all ])erson?,
citizens of the United States, who now are, or hereafter may be, in-
habitants of the town of Ninety-Six, shall be deemed, and are hereby
declared, a body politic and corporate ; and said town shall be called

OF .SOUTH CAROLINA.

243

( orponilv
limits.

Managers.

nml known by llie invnie of Ninety-Six, and il.s limits .-^liiill be deemed ^- "• ^^"■-•
and held to extend one half a mile ifi each direction from the Green-
ville and Columbia Railroad De[)ot, at.eaid |)lace.

Sec. 2. That the said town shall be governed by an Intcndant oniccia.
an<I four "Wardens, who shall be elected oti the first Monday in
April next, 1872, as well a^ on the first jMonday in April of every
year thereafter, an election shall be held for an Intcndant and four
Wardens, who shall be citizens of the United States, and shall have
been r«^sidents of the said town sixty days next preceding said elec-
tion, at such place in said town a.s the Intcndant and Wardens shall
designate, ten days' notice thereof, in writing, being previously given;
and that all the male inhabitants of said town, of the age of twenty- Electors,
(me years, who have resided therein sixty days previous to the elec-
tion, shall be entitled to vote for said Intcndant and Wardens ; and
the election shall be held from seven in the morning, until six o'clock Election,
in the evening, when the poll shall be closed, and the Managers
shall count the votes and proclaim the election, and give notice
thereof to the personi^ elected ; and that the Intcndant and War.
dens for the time being shall appoint Managers to hold the ensuing
election; that the Intendant and Wardens, before entering upon the
duties of their offices, shall take the oath prescribed by the
Constitution of the State, and the following oath, to wit : " As oath of onice.
Intendant (or Warden) of Ninety-Six, I will equally and im-
partially, to the best of my ability, exercise the trust reposed
in me, and will use my best endeavors to preserve the peace and
carry into effect, according to law, the purposes of my appointment:
So help me God."

Si:c. o. That in case a vacancy shall occur in the office of the Vacancy.
Intendant, or any of the Wardens, by death, resignation, removal
iVom the State, or from any other cause, an election shall be held,
by appointment of the Intendant and Warden, or Wardens, a.s the
case may be, ten days' public notice thereof, as aforesaid, being
LMven ; and in case of the sickness or temj)orary absence of the In-
ti iidaiit, the Wardens, foruoing a Council, shall be empowered to
ilect one of themselves to act a.s Intendant during such sickness or
absence.

Sec. 4. That the Intendant and Wardens duly elected and (piali- j,uiiciai row-
lied shall, duiing their term of service, severally and respectively, '''''**■
be vested with all the powers of Trial Justice and Justice of the
r«'aci! in this State, in matters civil and eriininal. within the limits
of said town ; that the Intendant shall, as often as occasion mav
recjuire, summon the Wardens to meet him ii"! Council, a majority
of whom shall constitute a (juorum for the transaction of busines.>=,
and shall be known as the Town Council of Ninety-Six ; and they

244 STATUTES AT LARGE

A. D. 1872. and their successors in office shall have a common seal; and .4iall
'^ have j)o\ver and authority to apjjoint, from time to time, such and

Marshals, ^o many proper persons to act as Marshals and Constables as they
shall deem expedient and proper, which officer shall have all the
powers, privileges and emoluments, and be subject to all the du-
ties, penalties and regulations by the laws of" this State, for the
office of Constable ; and the Intendant and Wardens, in Council,
shall have power and authority, under their corporate seal, to

lations^ ^^^"^ ordain and establish all such rules and by-laws and ordinances,
respecting the streets, ways, public wells, springs of water, mar-
kets and police of said town, and for preserving health, peace,
order and good government within the same, as they may deem
expedient and proper; and the said Council may affix fines for
offenses against such by-laws and ordinances, and appropriate the
same to the use of the corporation ; but no fine shall exceed fifty
dollars. All fines may be collected by an action for debt, before a
proper tribunal,
xuisanees. gj,^,_ -^ That the said Council shall have power to abate or re-
move nuisances within the limits of said town, and also to classify
and arrange the inhabitants liable to public duty, and require them
to perform such duty as occasion may require, and enforce the per-
formance of the same, under the same penalties as are now, or here-
after may be, established by law : Provided, always, nevertheless,
That the said To^\ti Council shall have power to compound with the
persons liable to perform such duty, under such terms as they shall,
by ordinance, establish.
Road and ^^^' ^' "^^^^ ^^ shall be the duty of the Intendant and "Wardens

street duty, ^q keep all Streets and ways in the limits of said town open and in
good order, and for tliat purpose they are hereby invested with all
the powei-s and privileges granted by law to the Commissioners of
Roads within the limits of said town ; and, for neglect of duty, they
shall be liable to the same pains and penalties imposed by law upon
Commissioners of Roads for like neglect ; and they are hereby in-
dividually exempt from the performance of road and public duty ;
and the inhabitants of said town are hereby exempt from road duty
without the limits of said corporation.

Sec. 7. That the said Intendant and Wardens shall have
jiower to compound with persons liable to work on the said streets
and ways, and to release such persons as may desire it, upon the
payment of such sum of money- as they may deem a fair equivalent
therefor, to be apjilied by them to the use of the corporation.

anddisposeof Sec. 8. That the said Town Council of Ninety-Six shall also be

property. empowered to retain, possess and enjoy all such property as they
may be possessed of or entitled to, or which shall hereafter be given,

OF SOUTH CAROLINA.

245

bequeathed to, or in any manner acquired by them; and to ffcll,
alien, or in any way transfer the same, or any part thereof: Pro-
vided, The amount of property so held, or stock invested, shall, in
no case, exceed the sum of twenty thousand dollars.

Sec. 9. That the said Town Council shall have power to impose
an annual tax upon all real and personal property within the limits
of said town: Provided, Said tax does not exceed the sum of fifteen
cents on the one hundred dollars.

Sec. 10. That the Intcndaut and Wardens of the town of Ninety-
Six shall have jiower to regulate sales at auction within the limits
of said town, and grant licenses to auctioneers : Provided, That
nothing herein contained shall extend to sales by or for Sheriffs,
Clerks of Courts, Judge of Probate, Coroners, Executors, Adminis-
trators, Assignees, or by any other person under the order of any
Court or Magistrate.

Sec. 11. That the Intendant and Wardens shall have power and
authority to require all persons owning a lot or lots in the said town
of Ninety-Six, to keep in repair the sidewalks adjacent to their lots,
respectively, and, for default in this matter, shall have power and
authority to impose a fine not exceeding fifteen dollars.

Sec. 12. That the authority to refuse or grant licenses to keep a
tavern or retail intoxicating drinks be, and the same is hereby,
vested in the Town Council of Ninety-Six ; and that they be also
invested with all the necessary power, by ordinance or ordinances,
to suppress or regulate the sale of intoxicating drinks, to be
drank at the place where sold, or in or upon any of its appurte-
nances, or in or upon any of its highways, streets, lanes, alleys,
commons, kitchens, stores, shops, public buildings, stalls or out-
houses of the said town, or within half a mile of the Greenville
and Columbia Railroad Depot, in said town: Provided, No rule
or regulation shall be made inconsistent with the Constitution and
laws of the State.

Sec. 13. That this Act shall be deemed a public Act in all Courts
nf justice, and shall cuntinuc of force until amended or repealed.

Approved ^March 13, 1872.

A. D. 1672.

Annual tax-
ation.

Sales at auc-
tion.

Sidewalks.

Licenses.

AN ACT TO Incorpoil^te the PEorLE's Savings Ixstitutiox. No. 187.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That Alva

246 STATUTES AT LARGE

A.D.i«72. Oage,.R. ToniHnson, O. I. Cuuniiijrhain, C. H. West, R. S. linins,
fo'iT^^il^. ^- '"^^ Howell, B ('. Pies.sley, J. II. Wilson, W. Ufrerluinlt, J. 1',.
Betts, C. L. B lire km oyer, John Hanckel, John II, Devereaux, ^^^
McBiirnc y, W. Y. Leitch, R. Adger, Zimnierniun Davis, W, A.
Kelly, D. A. Aiurne, PI. Gerdt,«, II. S. Griggs an<l O. II. Levy, be,
and they are hereby, created a corporation, by the name and title
Title. of the People's Savings Institution ; and that they and such others
as shall be duly elected members of said corporation, as in this Act
provided, shall be a body politic and corporate, by the same name
and title.
Deposits. Sec. 2. That the said corporation shall be c:ii)al)le of receiving,

on deposit, from any person or persons disposed to obtain and enjoy
its advantages, all sums of money that may be offered for that pur-
pose; and on receipt of any deposit, it shall deliver to the depositor
a book, in which shall be entered all sums deposited.
of^aJ^osus^"* ^^^- ^' That all deposits of money received by the said cor-
poration may be invested in any public stock or bonds, created by
virtue of any law of this State, or any ordinance of the city of
Charleston, or in the capital stock of any bank within this State, or
in United States bonds or stock, or bonds or stock of any city
or State in the United States, or in the stocks or bonds of any rail-
road company incorporated in this or any other State, or loaned on
promissory notes, secured by i)lcdge of such stocks, at not more
than seventy-five per centum of their par value, or on bonds se-
cured by mortgage of real estate, lying and being within the Pa-
rishes of St. Philip and St. Michael, in the County of Ciiarleston ;
Division of aud the income and profit thereof shall be applied and divided
^^^ ^^' among the persons making the said deposits, or their legal represen-

tatives, after making such reasonable deductions as may be neces-
sary for expenses, in proportion to the suras by them deposited, and
to the length of time during which such deposits may have re-
mained in the institution; and the principal of such deposits shall
be repaid to each depositor at such times, and under such regula-
tions as the said corporation shall prescribe, the substance of which
regulations .shall be printed in the book of deposit received by each
. . , depositor : Provided, That the corporators in the said corporation
of c.apora- shall be liable to the amount of their respective share or shares of
stock in said Banking Institution for all its debts and liabilities
upon note, bill or otherwise : And provided, fitrihcr, That no Di-
rector, or other officer of said corporation, shall borrow any money from
said corporation ; and if any Director, or other ofllicer, shall be con-
victed, upon indictment, of directly or indirectly violating this
Section, they shall be punished by a fine or imprisonment at the
discretion of the Court.

OF SOUTH CAROLINA. 247

>i:r. 4. Tliiit the said corporation siuill have power to elect new ^- ^ ^^-•
nu'rnl)ersl)y ballot at their semi-annual nieetinsis in Jannarvand Jnly
each year; and any member, upon filin;j; a written notice with the ^'fi™-
President tliereof, three months prior, may, at any such meeting of
said corporation, withdraw and forever dissolve his connection with
th<' same.

Sec. .5. That the said corporation may have a common seal, J^^"*'"'^' i'"^*
which they may change and renew at pleasure; and that all deeds,
conveyances and grants, covenants and agreements made by their Trea-
surer, or any other person, by their authority and direction, accord-
ing to their rules, shall be good and valid ; and the corporation
shall, at all times, have power to sue and be sued, and may defend,
and shall be held to answer by the name and title aforesaid ; and
may acquire, take, hold and convey such real estate as may be
deemed desirable for its place of business, or necessary for it to
l)urcliase in foreclosing or settling such mortgages as it may hold
as security for loans.

Sec. (5. That the said corporation shall hereafter meet at Charles- ^gg"*^™^*^*"
ton, some time in the mouth of January, annually, and as much
oftener as they may deem expedient ; and any seven members of
the said corporation, the President, Vice-President, Secretar}' or
Treasurer being one, shall be a quorum ; and the said corporation,
at their annual meetings in January, shall have power to elect a Election of
President, Vice-President, Secretary and Treasurer, and twenty
Trustees, all of which said officers shall be sworn to the faithful
performance of their duties, and shall hold their offic s and manage
and direct the affairs of the said corporation until their successors
shall be duly elected and qualified.

Sec. 7. That the said corporation are hereby vested with the By-ia^-sami

f 1 • 1 1 1 1 .• r .1 11 i-^'i?ul»t»on9-

power or making liy-laws and regulations for the more orderly

managing the ])usiness of the corporation : Prodded, The same

are not regugnant to the Constitution and laws of this State.

Sec. 8. That anv two persons herein named may call the first First inoc-
{• ^\ ' .• 1 , . . . . „ , iuK— by whom

meeting of the corporation, by advertising it m any two of the caiieii.

daily papers published in the city of Charleston.

Sec. 9. That the Treasurer of said corporation shall give bond ^'o*g\ve''
to the satisfaction of the Trustees for the faithful discharge of the ''°"''''-
duties of his office.

Sec. 10. That the Treasurer of said corporation shall, as soon as P"iiiica»ioa

■ ' Ol IlllllUtll

may be, after the annual meeting in January, jiublish in one or statcim-ut.
more of the daily papers of the city of Charleston, a statement of
the concerns of the said corporation, which statement shall specify
the following particulars, namely : Number of depositors, total
amount of deposits, amount invested in bank stock, amount in-

248 STATUTES AT LARGE

A. D. 1872. vested in State or city stock, amount invested in United States
bonds or stock, amount invested in railroad stocks or bontis, loans
on mortgages of real estate, loans on notes secured by pledge of
stock, amount of cash on hand, total dividends for the year, annual
expenses -^f the corporation ; all of which shall be certified and
sworn to, or aftirmed, by the Treasurer; and five or more of the
Trustees of said corporation shall also certify that the same is cor-
rect, according to the best of their knowledge and belief.

Sec. 11. That this Act shall be deemed a public Act, and con-
tinue in force until repealed.

Approved March 13, 1872.

No. 188. -A^N ACT to Incorporate the Citizens' Building and Loan

Association, of Charleston.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
Corporators. General Assembly, and by the authority of the same, That William
B. Heriot, Hutson Lee, B. S. Rhett, H. L. P. McCormick, William
B. Stccdman, William Thayer, L. D. ^lowry, T. A. Wilber and V.
J. Thomas, together with such other persons as now are, or here-
after may be, associated with them, be, and they are hereby, de-

Corporatio*ti ^'^ared a body politic and corporate, for the purpose of buying and
holding real estate in the County of Charleston, South Carolina,
and making loans of money, secured by mortga^s of real estate
and the hypothecation of bonds, stocks and other choses, and per-
sonal property, to its members and stockholders, and others, by the
name and style of the " Citizens' Building and Loan Association,
, ' of Charleston." The capital stock of said association to consist of

two thousand five hundred shares ; but, as soon as one thousand
shares are subscribed thereto, the said association shall organize and
commence operations ; said shares to be paid by successive monthly
installments of one dollar on each share, so long as the said asso-
ciation shall continue ; the said shares to be held, transferred, jxa-
signed and pledged, and the holders thereof to be subject to such
fines, penalties and forfeitures, for default in their payment-^, as the
regulations and by-laws of the said association may prescribe.

^General pow- gj.^, 2. That the said association shall have such number and
succession of officers and members as shall be ordained and cho.sen
according to the rules and by-laws made, or to be made, by them
for their government ; and shall have power and authority, from

OF SOUTH CAROLINA. 249

time to timo, and at all times, to make all sii<-h rulos, regulations A. n. 1872.

and l)y-la\vs as arc not re|tuirnant to thr Constitution and the laws

of the land ; to have and kot-p a common seal, and th(^ same to

alter at will ; to sue and be sued, imjilcad and be impleaded, in any

Court of law or equity in this State; and shall have and enjoy

every right and privilege incident and belonging to corporate

bodies, according to the hiws of the land.

Si:c. 3. That the funds of the said association shall be invested, of funds,
either in the purchase of real estate in the County of Charleston,
South Carolina, which shall be rented out or leased, or sold and
conveyed to the members and stockholders of said association, upon
such terms and conditions and estates as, from time to time, may
be prescribed by its rules and by-laws ; or be loaned out and ad-
vanced to the members and stockholders thereof, upon the security
and hypothecatiim of real estate in Charleston afores^aid, or bonds^
stocks or choses in action, or personal property, on such terms and
conditions as, from time to time, may be prescribed by the rules
and by-laws aforesaid. And it shall and may be lawful for the
said association to hold and^ enjoy, for the mutual benefit of its
members and stockholders, all such lands, tenements, hereditaments
and appurtenances as may be honafi.de purchased by and conveyed
to it, or as may be mortgaged to it by way of security upon its
loans and advances, or as may be bought by or transferred and
conveyed to it at sales under judgments or decrees at law or equity
for securing and recovering, or in compromise settlement of any
debt or debts due to it; and to sell, alien, barter, exchange, convey,
mortgage or otherwise dispose of the same, from time to time, and
whenever deemed necessary and expedient. The stockholders in ^tockhoTdera^
this association shall be severally liable for all debts and obliga-
tions created or contracted by the association to an amount double
the amount of their stock.

Sec. 4. That, if any of the funds of the said association shall Mnyionu

, . . , , 11 1 /' /• ii oui moneys

remain unproductive, or uninvested, and uncalled tor, lor the S])ace on hand,
of two months, by its own members and stockholders, it shall be
lawful for said association to lend out what moneys may be on
hand to others than stockholders, at such rates of interest as may
be agreed on, to be safely invested,, and to be repaid within one
year.

Skc. 5. That, whenever the funds and assets of the said associa- nivisionnn<i

(lisirllHUion

tion shall have accumulated to such an auiount that, u[>on a fair «f "sset-s.
division thereof, each stockholder, for each and every share of stock
held by him or her, shall have received, or l)e entitled to receive,
the sum of two hundred dollars, or the value thereof in j>roperty

or as■^^•ts, and such divi.-ii n and distribution shall have been made,

STATUTES AT LARGE

ilien the said association shall cease and determine: Provided, how-
( ver, That, in case the said sissociation shall not have closed its
operations and afl'airs, as above provided for, within a shorter
jieriod, then this Act shall not continue in force beyond ten years.
Sec. 6. That this Act shall be deemed a public Act, and be
given and received in evidence, without being specially pleaded.

Approved March 13, 1872.

Corporators.

^^- ^°' • AN ACT TO Charter the Villacje of Lisbon.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That, from and
after the passage of this Act, all and every person or persons who
shall have resided in the corporate limits of the village of Lisbon,
in the County of Darlington, State of South Carolina, for two months,
are hereby declared to be members of the corporation hereby to be
created. That the said persons shall, from and after the passage of
this Act, become a body politic and corporate, and shall be known
forporate ^"^^ Called by the name of the village of Lisbon, and its corporate
limits. limits shall extend one-half mile from " cross-roads," so-called, in

every direction,
puvelrcoa- Sec. 2. That the powers and duties of the officers of the village,
cUanlvon the government of the same, and all things pertaining to the charter
of said village, shall be the same as provided for in an Act entitled
" An Act to incorporate the town of Florence," approved ^larch 9,
1871, excepting only the corporate limits.

Sec. 3. This Act shall be deemed a public Act, and continue in
force until amended or repealed.

Approved March 13, 1872.

town of Flo
rence

No. 190. ^N ACT TO Amend an Act entitled "An Act to Grant, Re-
new AND Amend the Charters of Certain Towns and Vil-
lages THEREIN Mentioned."

OF SOUTH CAROLINA. 251

tors of certain towns and villages therein mcntioncrl," be amcnrlcrl A.n. if»7-i.

1)V inserting betwcvn the words "officers," on the ninth line, and '^

"the," on the tenth line, the following: "And the said Intendunt

and Wardens shall have the [jower to bring before them, when sit-

tinc in Conncil, all offenders against the by-laws and ordinances of „ , ,

*= ' ... . Piinlslimeiit

the said town, and to punish, by fine, the same ; and, in case snch of offeuUeis.
person so fined shall fail to pay the same, the said Inteiidant and
"Wardens shall have power to compel the offender to work upon the
public roads or streets, allowing them a fair valuation for such
AVork, until the fine be cnneelled."

Skc. 2. That all Acts or parts of Acts inconsistent with the pro-
visions of the above Act, be, and the same are hereby, repealed.

Approved March 13, 1872.

AX ACT TO Establish a Causeway over Big Saltkehatchie -^^ jqj
8\VAMP, AT Walnut Point, Connecting the Counties of
Colleton and Beaufort.

Section 1. Be it enacted bv the Senate and House of Represen-

' Cau«ewry

tatives of the State of South Carolina, now met and sitting in Gene- „ across Hi"k
ral Assembly, and by the authority of the same. That, on and after Swump.
the passage of this Act, it shall be competent for the parties here-
inafter named to estal)lish and construct a good and substantial
causeway across Big Saltkehatchie Swamp, at Walnut Point, con-
necting the Counties of Colleton and Beaufort.

Sec. 2. That the causeway hereby authorized to be established '" wiiom

^ vesti a.

i)e, and the same is, vested in C. F. Petit, G. W, Petit, John Bur-
nett and Wra. Nettle.s, and their associates and successors, for the
term of fourteen (14) years: Provided, Said company, or corpora-
tion, shall comply with the reipiirements hereinafter named.

S]:c o. That it shall be the duty, and it is hereby made one of when to bo
the provisions of this charter, that the canseway herein contem-
j)lated to be established shall be constructed within twelve months
fiom the passage of this Act; shall be built of good and sound
nuitcrisil, and always be kept in good repair, and shall be, when Manner of
constructed, at least twelve (12) inches above tide water, and i(„ consuuction.
abutments l»e of such a character as to resist, in the event of a
freshet, its iH'iug washed away; and for the better carrying out of
this provision, it is hereby made the duty of the Commissioners of cmnmiss^on-
Roads of the Counties hereinbefore named, to inspect said causeway '''* of UoaUs.

toJl.

Ratos of

Persons
exempted.

STATUTES AT LARGE

in course of constructiou, and after completion, and see that the
foregoing specified re<iuireinent.s l)e complied with.

Sec. 4, They shall l)e authorized to ask, demand and receive for
crossing the said causeway, when completed, the folhjwing rat«?s of
toll : For each loot passenger, the sum of five cents; each pa.ssenger
on horseback, ten cents; each carriage or vehicle drawn by one
horse, twenty cents ; each carriage or vehi(de drawn l)y two
horses, thirty cents; each carriage or vehicle drawn by four hordes,
fifty cents; each loose horse or mule, five cents; each head of cattK ,
goat-^, sheep or hog>, two rents: Prondtd, hoivever. No toll shall be
exacted from a minister attending his circuit, officers in the dis-
charge of their duties, voters attending the poll, and children going
and returning from school.

Approved March 13, 1872.

No. 192. AN ACT to Establish a Company under the Name of the
Sullivan's Island Ferry Company, and to Modify the
Charter of the Mount Pleasant Ferry Company, and for
other Purposes.

Corporators.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That Douglass
Nesbitr, John B. Conner, D. F. Fleming, Henry Jones, William
Gregg, Charles J. Andell, W. R. Jervey, and such other pei-sons us
may become members, be, and they are hereby, declared a body
politic and corporate, by the name of the Sullivan's Island Ferrv

Purpose of ' ^ i n • n ■ '

corporation. Company, for the purpose of conveying passengers and transferring
goods, wares and merchandise between the city of Charleston and
Sullivan's Island, in the Couijty of Charleston, and between the
said city and any other place or places ; and by that name may sue
and be sued, plead and be implejided, in any Court in this State ;
may have a common seal; may purchase, hold and convey real
estate to any amount not exceeding forty thousand dollai-s; and
may have and enjoy all the rights, powers and privileges incident to
a corporation.

Sec. 2. That the cai)ital stock of said company shall be thirty
thousand dollars, with a privilege of increasing the same, from time
to time, to any amount not exceeding one hundred thousand dollars.
And every member of the said company shall be individually liable
for all debts contracted during the time he or she shall be a member

Powers.

Capit 1 stock,

Liability of
members.

OF SOUTH CAROLINA.

253

or sliaivlidldiT in the said c'()iiii)aiiy to the extent of the par vuhie ^- "• "^■-
of hiri or litT shares in the .same, and shall be answerable in any uc- '

tion at law therefor against him or her, notwithstanding the non-
joinder of the other shareholders or any of them, at any tihie after
the retnrn of milla bona may have been made by the Sheriff of
Charleston County, upon any execution issued against the said com-
pany. JUit nothing herein contained shall be construed to deprive
any of the shareholders of any equitable rights against the creditors
or the other shareholders of the said company.

Skc. 3, That the first meeting of the said corporation may be
called by the persons, or a majority of them, named in this Act, at
such time and place as they may think fit, after due public notice
thereof. And at said meeting, or any subsequent meeting, said cor-
poration may make, alter, amend or repeal such by-laws and regu-
lations for the organization of the same, and the raauagcmentof the
business thereof, as a majority of the stockholders may direct:
Provided, The same be not inconsistent with, or repugnant to, the
Constitution and laws of this State, or the United Statci*.

Sec. 4. That this Act shall be taken and deemed to be a public
Act ; shall ])e and continue of force for the term of fourteen years.

Sec. 5. That the several Acts of December 20, 1850, and of De- cia^use!""""^
cember 21, 18G"), relating to the charter of the Mount Pleasant
Ferry Company, be, and the same are hereby, repealed ; and all
Acts and parts of Acts inconsistent with this Act are hereby
npealed.

Approved :March 13, 1872.

Meetings.

By-laws jind
reKiiltilicjiia.

AN ACT TO IXCORPORATE THE FaRMERS', LaBORERS' AND ME-
CHANICS' Land CoarpANY, of Okaxgeuurg County, South
Carolina.

No. 193.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, That Jacob Corponuor?.
Moore, Henry Wallace, J. L. Jamison, E. J. Cain, Isaac Speaker,
Christian Green, T. C. Andrews, B. Byas, George Bolivar, and their
associates and successors, are hereby made and created a body poli-
tic and corporate, under the name and style of the " Farmei-s'. La- numo!"^'"'™^
borers' and Mechanics' Land Company, of Orangeburg County,
South Carolina."

254 STATUTES AT LARGE

A. D. 1872. i^EC. 2. That the saiil corporation hereby created and e-stabliohetl
T^^ shall have power to make such hy-hiws, not repuj,'nant to tlie laws

privileges. of the hind; and to have, use an<l keep a conmion seal, and the same
to alter at will ; to sue and be sued, plead and be impleaded, iu any
Court in this State ; and to have and enjoy all such property, real
and personal, as may be given, bcfjucathed or devised to it, or may
be, in any manner whatsoever, acquired by the said corporation :
Provided, The amount so held shall not exceed the sum of one hun-
dred thousand dollars.

of \i J funds"' ^^c. 3. That the said corporation may, from time to time, invest
their funds, moneys, assets and all other property, stocks, public or
private, notes, bills, bonds, with or without security, by mortgage of
real or personal property, or by surety, in such sums, and on such
terms and conditions, as they may deem proper; and it shall be law-
ful for said corporation, from time to time, and at all times, to sell,
convey, mortgage, assign or transfer all of its property, real and
personal, as and when it may deem proper and expedient ; and to
make and execute bonds, under their corporate seal, with or with-
out mortgage, for the purchase of real or personal property.

Liability of Sec. 4. That the real and personal property of each corporator
corporators. . . . " .

shall be liable for the debts of said corporation, in any amount not

exceeding the par value of the stock held by him.

Sec. 5. That this Act shall continue in force until repealed, and
the same shall be deemed a public Act, and may be given in evi-
dence without being specially pleaded.

Approved March 13, 1872.

No. 104. AN ACT to Charter the Union Savings Bank, of Colum-
bia, S. C.
•
Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, n<jw met and sitting in Gen-
corpora:ors. eral Assembly, and by the authority of the same. That S. L. Leap-
hart, John Meighan, J. P. Southern, G. M. Walker, Wm. Glaze, Rich-
ard Wearn, AV. B. Nash, Wul Simons, James Davis and Geo. Syni-
mers, together with such other persons as are now, or may hereafter
be, associated with them, shall be, and they arc hereby, constituted
name'^*"*^'^'^ and made a body politic and corj^orate, by the name and style of
the Union Savings Bank, of Cv)lumbia, South Carolina; and, by that
Po\yers and name and style, shall be, and ia hereby, made capable in law to
have, purchase, enjoy and retain, to it and its successors, lands,

OF SOUTH CAROLINA. 2o5

rents, tcnenii-nls, goods, chuttcls juhI (fleets, of whatever kind or a. i). i»7-2.
(luality soever, and the same to sell, ali(;M or <lis[)osc of; lo sue and
he sued, plead and he impleaded, answer and be answered, defen<l
and he defended, in Courts of Reeonl, or any other place whatso-
ever; and, also, to make, have and use a common seal, and the
same to break, alter and renew at their i)leasure ; and, also, to
ordain and put in execution such bydaws and regulations as may
seem necessary and couvenieut for the government of the said cor-
poration, not being contrary to the laws of this State, or the Con-
stitution thereof

Sec. 2. The capital stock of said corporation shall not be less Capital stock,
than twenty thousand dollars, which may be increased from time
to time to a sum not exceeding five hundred thousand dollars, and
shall be paid in and accumulated as hereinafter provided.

Sec. 3. The said corporation shall have power and authority to of^niTfJ'™^'^^
invest its capital stock, or other funds, in bank or other stocks, in
the purchase of bo/ids of the United States, bonds issued by this or
any other State of the United States, and in bonds of any incorpo-
rated company ; to lend money upon personal or real security, to
discount bonds, notes and bills of exchange, and to guarantee the
])ayment of notes, bonds, bills of exchange or other evidences of
debt.

Si;c. 4. The said corporation shall receive deposit^ from any per- ^^°

son or persons, and all such deposits shall be invested as the Board
of Directors may deem most advantageous, and in accordance with
Section third, and interest shall be allowed to the depositors thereof
as may be directed or provided for by the by-laws of the institu-
tion.

Si:c. 5. Each subscriber to stock in this l)ank shall, on or before M ntiiiv

payment on
the fifth day of each month, pay, at the office of the bank, one dol- shares.

lar per share of his or her subscription, and any subscriber failing
to do so, shall be fined five cents per share for such delinquency,
and, for each succeeding ten days of such delinquency, ten cents
per share additional ; and if, at the ex])iration of two months, such
delinquency shall still exist, the stock shall be sold at public auc-
tion, the proceeds of which shall be pai<l to such delinquent stock-
holder, after deducting all fines that may be charged against him,
and his proportion of all losses sustained, and expenses incurred by
the institution in the course of its business.

Sec. (). As soon as the stock becomes of the value of one hundred Lssueof
dollars per share, scrip shall be i.<sued to each stockhoUler lor tlie
number of shares standing in his or her name, on the books of the
institution, signed by the President and Cashier, with the corporate

256

STATUTES AT LARGE

Actual v;>lne
of stock de-
llucd.

A. D. i»7-2. sQxd of the iKink affixed, from whicli time the payment of montlily

'^ installment;! shall cease.

With.iniwai ^^C. 7. Any stockholder, at any time prior to the slock becoming
01-3^''*^'^'"*^ of the value of one hundred dollars i)er share, may withdraw from
the institution, upon written uotice being given at any regular meet-
ing of the Board of Directors, and at the expiration of ninety days
the institution shall pay to said stockholder the actual value of his
or her stock at the date of notice of withdrawal, the monthly in-
stallments of such stockholder ceasing from date of said notice ; or
said stockholder may sell his or her interest to any other person,
the purchaser beingplaccd on an efjuality with the other stockholders.
Sec. 8. By actual value of the stock is meant the amount paid in
by each stockholder, together with his or her proportion of any
profits, and deducting therefrom his or her proportion r»f any losses
that may have occurred, and withholding his or her proportion of
any investments about which the Board of Directors may be doubt-
ful, until they are satisfied.

Sec. 9. As soon after the stock becomes of the value of one hun-
dred dollars per share, and scrip is issued therefor, the Directors
may make dividends at such times, and of so much of the profits of
the bank, as shall appear to them advisable.

Sec. 10. There shall be elected, as soon after the ratification of
this Act as the corporators and subscribers may deem advisable,
and, annually thereafter, seven Directors from their number, who
shall appoiut one of their number President, and may fill any va-
cancy occurring in the Board, unless it be by removal, in which
case the members shall fill the same in general meeting. The
officer^*^*"^*^ Board shall appoint (to hold at its pleasure) the subordinate officers
and agentfl, prescribe their duties and compensation, and Uike from
them such bonds, with security, as it may deem advisable.

Sec. 11, It shall be competent, at any general meeting of the
stockholders, to change the time of holding the annual meetings ;
and extra meetings may be called at any time, upon a written ap-
plication to the Board of Directors, signed by stockholders repre-
senting not less than one-half of the capital stock ; and at all meet-
Manner of iugs of stockholders, each share shall entitle its holder to one vote,
and a representation of a majority of the entire stock by the holders,
in person, or by their proxies, shall be requisite to ccmstitute a quo-
rum.

Sec. 12. The said company is hereby declared to be capalijo in
law of holding and exercising the oflice of executor, by aj^point-
ment of any testator; the oflice of administrator of the testator, or ^
intestate, by appointment of the Court of Probate ; the office of
guardian, or other trustee, of any estate, which may be held in trust,

Dividends.

President and
Directors.

Meetings.

voiing.

.Special
powers.

OF SOUTH CAROLINA. 257

l)v iippoiiitmenl of any jicr-son or Court of competent uutlinrity to ^- ^ '^-
iiinkosuch ai)i)ointment ; aud the office of tru.stee under any niort- ^

gage ; and in any such case the t^aid company, or executor, admin-
istrator or trustee, shall be subject to the same measure of account-
ability, and to tiie same rules aud regulations of law, which pertain
to such trusts when held aud exercised by natural persons, except
that in lieu of any boml to be required of sai<l company for the ad-
ministration of any trust, tiie capital stock and other assets of the
company shall stand pledged for the faithful discharge of any such
trust.

Sec. 13. The said corporation shall have authority to establish Branch of-
branch offices at such points iu this State as the Directors may elect : ^^^'
Proi'klrd, That the business transactions at such branch offices shall
constitute a part of the general business of the bauk, and shall be
reported to the office in Columbia, at least once every month.

Sec. 14. This Act shall be deemed a public Act, aud shall be ju-
dicially taken notice of without special pleading; and the charter
hereby granted shall be iu force from its passage, aud contiuue in
force for a period of thirty years.

Approved ^lureh 13, 1872.

AN ACT TO Incorporate the Gethsemane Baptist Chuuch, No. 195.
OF Chester Couxty.

Section 1. lie it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, That Rev. Barney corporators.
Humphries, Willis Blackwell, Edward Allen, James Smith, James
Williams, ami their associates and successors, be, and they are here- Corponue
by declared to be, a body politic and corporate, under the name and
style of the Gethsemane Baptist Church, of Chester County ; and
may have a common seal, with power to alter the same at will.

Si:c. 2. That said corporation shall have power to purcha.-c and
hold any real or personal estate, not exceeding in value the sum of powers and
ten thousand dollars, and to sell, convey and dispose of the same; ^' ^ ^'efcs.
and, by its corporate name, to sue and be sued in any Court of this
State; and to make such rules and by-laws, not repugnant to the
laws of the laml, as they may deem necessary and expedient.

SiX'. .!. That this Act shall be deemed a public Act, and l)e anil
'■'•iitiiHie in force until rcjiealed.

Ai)proved ^farch \'-\, L'^72.
17

258 STATUTES AT LARGE

A. 1). 1S7J. ^jj- ACT TO Establish tiik Chakleston Lank and .Jmlm

r^^ \ Stock Company.

]So. li)G.

Skc TioN 1. Be it enacted l»y the Senate and House of Represen-
tatives of the State of Soutli Carolina, now met and sitting in (Jene-
ral Assen^bly, and hy the authority of the .same. That Charhs
Corporators. Siinonds, Thomas Mathews, L. F. Campbell, Samuel Porcher,
James Porcher, Z. Paton, W. Fields, J. Proctor, J. Simmoiit:, S.
Porcher, A. Caniphcll, G. Hines, and other jiersons who are, or
hereafter may be, associated with them, be, and they are hereby,
declared a body politic and corporate, for the purpose of "inaking
loans of money, secured by mortgage on real estate or personal
property, or by conveyance of the same, to their members and
stockholders, by the name and style of the Charleston Land and
Iimit3.^°'"'*^ Joint Stock Company, the capital stock of which shall consist of

one thousand shares, to be paid in by successive monthly install-

Capital stock. - , ,, , , , , -in

ments of one dollar on each share, so long as the corporation shall

continue; the said shares to be held, transferred, assigned and
pledged, and the holders thereof to be subject to such fines and for-
feitures, for default in their payments, according to such regula-
tions as may be prescribed by the constitution and by-laws of said
corporation ; and, moreover, the said shares shall be disposed of, at
the death, resignation or removal from the State of any share-
holder, in such manner as may be prescribed by the said constitu-
tion, rules and by-laws.

Sec. 2. That the said corporation shall have power and authority
General ^0 make any such rules and by-laws for its government as are not

powers. repugnant to the Constitution and laws of the land ; shall have such

numbers and succession of members and officers as shall be or-
dained and chosen according to their said rules and by-laws made,
or to be made, by them ; shall sue and l)e sued, plead and be im-
pleaded, in any Court of law or equity in this State ; and shall
have and enjoy all and every right and privilege incident and be-
longing to corporate bodies, according to the laws of the land.
Sec. 3. That the funds of the said corporation may be invested
Investment i" ^uch property, real or personal, and securities, public or private,

of its funds. Joaned to shareholders and members, or other persons or corpora-
tions, on such securities, in such mode, on such terms, under such
conditions, and subject to such regulations, as may bo, from time to
time, prescribed by the constitution, rules and by-laws of the said cor-
poration ; and that it shall and may be lawful for said cori>ora-
tion to take and hold such lands, tenement.^, hereditaments and
personal property and such stocks and bonds, public or private,
or choses in action, as shall be mortgaged, conveyed, asr^igned
or pledged to it, by way of security upon ius loans or ad-

OF SOUTH CAROLINA. 209

vances, or purchased at sales thereof; and to sell, alien, truus- ^' '^' '■■^-

fer or otherwise dispose of the same, as, from time to time, the '

said (■or|K)r!iti()n may (U-em expedient: Provided, That the real

estate held by said corporation shall not, at any time, exceed

the value of two hundred thousand dollars. That the real and

personal property of Qurh stockholder and assigns shall be liable

for the delits of said corporation in any amount not exceeding

the par valui" of the stock hehl by him.

Sec. 4. That, semi-annually, on the first days of January and t^, , ,

•" -^ ■' Division of

July, there shall be divided amongst the stockholders of the said profits,
corporation, the profits accruing from the investment.

Skc. 5. That this Act shall lie taken and deemed a public Act,
and that the same may be given in evidence without being specially
pleaded.

Ajip roved March 13, 1872.

AN ACT TO Repeal the Charter of the Village of Lau- ]^o. 197.

RENSVILLE.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That the charter of the village
of Laurensville, and all Acts or parts of Acts pertaining thereto,
be, anil the same are hereby, repealed.

Appi-oved March 13, 1872.

AN ACT TO AuTHOuizB and Empower W. C. Oauity, F. W. Xo. 108.
TowLEs AND D. H. Towles to Establish a Whark at Mar-
gin's Point, ^VAD>rALA^v Island, South Carolina.

Section 1. Be it cnactcil by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, That "NV. C. Garity, jS'tilrs "'
F. W. Towles and D. II. Towles be, and are hereby, authorized and ^°*"'-

260

STATUTES AT LARGE

A I). 'S7-'. empowered to eroct ami hiiild a wharf, an<l collect the usual rate of
'^ wharfage on the same, at Martin's Point, Wadinahiw Islaml, South

Carolina, and to extend the same as far toward the channel of the
river as may be necessary for commercial purposes.

Sec. 2. That the franchise herein grant<^d shall be vested in th'
veSed. ''''°™ said W. C. Garity, F. W. Towles and D. H. Towles, their heirs,
executors, administrators and assigns, for tiie term of ninety-nine
years.

Sec. 3. All Acts or parts of Acts inconsistent with this Act are
hereby repealed.

ApprovecrMarch 13, 1872.

AM" ACT TO Incorporate the Town of Tow.vville, in thi.
No. 199. County of Anderson.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, That all persons.
Corporators, citizens of the State of South Carolina, who are now, or who may
hereafter become, inhabitants of the town of Townville, in tht.
County of Anderson, shall be deemed, and are hereby declared, a
body politic and corporate, and that said town shall be called and
known by the name of Townville ; and its limits shall be deemed
and held to extend one-half mile in every direction from the Town-
ville Baptist Church, in said town.

Sec. 2. That the said town shall be governed by an Intendant
and four Wardens, w-ho shall be elected on the first Wednesday in
A{)ril next, on which day, as well as on the first We<lnesday in
April of every year thereafter, an election shall be held for an In-
tendant and four Wardens, who shall be citizens of the State (■:
South Carolina, and shall have been resident in the said town for
sixty days immediately preceding said election, at such place in
said town as the Intendant and Wardens shall designate, ten
days' notice, in writing, being ])roviously given. That H. II.
Vandiver, B. F. Gantt, W. J. Harbin and J. W. Spearman be.
and they are, appointed a Board of Managers, to hold the first
election under this Act. That all male inhabitants of the said
town, of the age of twenty-one years, who have resided therein
sixty days previously to said election, shall be entitltd to vote
for said Intendant and Wardens; and the election shall be held
from nine in the morning until three o'clock in the afternoon, when
the polls shall be closed, and the Managers shall publicly count the

Corporate
limits.

Officers.

Managers.
Electors.
Election.

OF SOUTH CAROLINA.

votes, :uul proclaim ihv vWlum, and give notice thereof, in writing,
to the pL'i-.sons elected ; and that the Intendant and Wardens, for tiie
tinu- heing, s^hall apijoint the Managers to hold the ensuing election,
at lejist twenty days prior to the day of election ; that the Intendant
and Wardens, before entering npon the duties of their offices, shall
lake the following oath, to be administered to the officers first elect-
ed by some officer duly authorized to administer an oath, and by the
outgoing Intendant to the Intendant and Wardens thereafter elected,
to wit: "As Intendant (or Warden) of Townville, I will equally Q^tijof o^ge.
and impartially, to the best of my skill and ability, exercise the
trust reposed in nic, and will use my best endeavors to preserve the
peace and carry into effect, according to law, the purposes of my
appointment: So help me God."

8i:c. 3. That in case a vacancy should occur in the office of In-
tendant, or any of the Wardens, by death, resignation, removal from y^^^jj^jj
the State or town, or from any other cause, an election shall be held
by the appointment of the Intendant and Warden, or Wardens, as
the case may be, ten days' notice thereof, as aforesaid, being given.
And in case of the sickness or temporary absence of the Intendant, •
the Wardens, forming a Council, shall be empowered to elect one of
their number to act as Intendant during such sickness or absence.

Skc. 4. That the Intendant and Wardens, duly elected and quali-
fied, shall, during their term of service, severally and req)eetively, Judicial

. • T • !• • 1 powers.

be empowered to preserve the public peace, within the limits of said

town ; and the Intendant shall, as often as occasion may require,

summon the Wardens to meet him in Council, a majority of whom

shall constitute a quorum for the transaction of business, and shall

be known by the name of the Town Council of ToAvnville ; and they

and their successors in office shall have a common seal ; and shall

have power and authority to appoint, from time to time, such and

so many proper persons to act as Marshals and policemen as they Mars-imis.

shall deem necessary and ])roper, which officers shall have all the

jiowers, privileges and emoluments, and be subject to all the duties,

penalties and regulations provided by the laws of this State for the

office of Constable. And the Intendant and Wardens, in Council,

shall have power and authority, under their corporate seal, to ordain

and establish all such rules, by-laws, resi)ecting the streets, ways,

public wells and sjjrings, or fountains of water, markets and police

of the said town, and for j)re.serving health, peace, order and good fjons!"*'""^^

government within the same, as they may deem cxpetlient and

proper ; and the said Council nitiy affix fines for offenses against

such by-laws and ordinances, anil approj)riate the same to the use ^

of the corporation ; but no lin«' shall exei'eil twenty dollars ; all fines

may be recovered by au action for debt Ijcfun- the proper tribunal.

262 STATUTES AT LARGE

A. D. 1872. gj;(^. 5_ That the said Council shall have power to abate and re-
^ move nuisances within the limits of said town ; and, also, to clas-

Nuisuucts. sify and arrange the inluibitauts liable to police iluty, and to recjuire
them to perform such duty aa occasion may require ; and to enforce
the i)erformaiK'e thereof by appropriate penalties : Provided, always,
nevertlieleas, That the t^aid Town Couneil '.shall have power to com-
pound with persons liable to perform such duties, upon such terms
as they shall, by ordinance, establish.

Sec. 6. That it shall be the duly of the Intendant and Wardens

Roads and ^^ ^^^P ^^^ Streets and ways, which may be necessary for public use,
streets. within the limit.s of said town, open hnd in good repair; and, for

that purpose, they are hereby invested with all the powers, rights
and privileges granted, or that may hereafter be granted, by law, to
the County Commissioners, ^vithin the limits of said town. And,
for any neglect of duty, said Intendant and Wardens shall be lia-
ble to the pains and penalties imposed by law upon the County
Commissioners for like neglect. And they are hereby, individually,
exempt from the performance of road and police duty ; and the in-
* habitants of said town are hereby excused from road and police
duty without the limits of said corporation.

Sec 7. That the said Intendant and Wardens shall have power
to compound with persons liable to work on the said streets and
ways ; and to release such persons therefrom as may desire it, upon
the payment of such sum of money as said Intendant and War-
dens may deem a fair equivalent therefor, to be applied by them to
the use of the said corporation.

Sec. 8. That the said Town Council of Townville shall also be
empowered to retain, possess and enjoy, for the use and benefit of
ditpo^e^*^ ^"jj said town, all such property as they may now be possessed of or
property. entitled to, or which shall hereafter be given, bequeathed to, or in
any manner acquired by them in their corporate capacity ; and to
sell, alien, or in any way transfer the same, or any part thereof:
Provided, The amount of property so held, or stock invested, shall
in no case exceed the sum of ten thousand dollars.
Sec. 0. That the said Town Council of Townville shall also have
Annual tax- po^ver to impose an annual tax on all real and personal proi)erty
ation. within the corporate limits of .said town, except the property be-

longing to churches and .schools : Provided, Said tax shall not ex-
ceed ten cents on the hundred dollars.

Sec. 10. That the Intendant and Wardens of the town of Town-

saics at auc-^ville .shall have power to regulate sales at auction within the limits

^^°'^- of said t)wn, and to grant lieeuses therein to auctioneers : Provided,

That nothing herein contained shall extend to sales by or for Sheriffs,

OF SOUTH CA no LIN A.

'203

Sidewalks.

Licenses.

Coroner^), CKtUs of Courts and Jud^a-s of rrohalc, Executors and ^ ^- '^''-
Adiuiuistrators, Assignees, Referees and Constal)leiJ, or by any otlier
person, under the order of any Court.

Si;(". 1 1. That tlie Inten(hint and Wardens of the town f»f Town-
ville shall have power and authority to recjuire all persons owning'
a lot or lots therein to keep in repair the sidewalks adjacent to their
lots, respectively ; and, for default in this matter, shall have power
and authority to impose a line not to exceed ten dollars.

Sec. 12. That the power to refuse or grant licenses to keep a
tavern, or to retail intoxicating drinks, ho, and the same is hereby,
vested iu the Town Council of Townville ; and that they be, and
are hereby, also invested with all necessary power, by ordinance or
ordinances, to suppress or to i-egulate the sale of intoxicating drinks,
to be drank at the place where sold, or iu or upon any of its appur-
tenances, or in or upon any of its highways, streets, lanes, alleys,
eoiiimons, kitchens, stores, shops, public buildings, booths, stalls or
outhouses of the said town, or within one half mile of the limits of
the said town : Provided, That no rule or regulation shall be made
inconsistent with the Coustitution and laws of the State.

Sec. 13. The said Town Council shall have power, under the hand
and seal of the Intendant, to issue execution, directed to the Marshal of Executions,
the said town, to collect all taxes and fines imposed by the said
Council by virtue of authority in them vested by this Act, and the
^larshal of said town is hereby invested with all the jiowers and
authority conferred by law upon Constables, to enforce the satisfac-
tion of such executions, iu the same manner, and to the same ex-
tent.

Sr(!. 14. That the said Town Council shall have power to appoint Appointment

' ^' of Uleik anil

a Clerk and Treasurer, annually, and to define their duties and re- Treasurer,
sponsibilities.

Sec. 15. That this Act.shall be deemed and taken to be a public
Act in all the Courts of Justice iu this State, and shall continue of
force until repealed.

Approved March 13, 1872.

AX ACT TO Incorporate the Charleston Loan and Kx-
CHANGE Company.

Section 1. Be it enacted by the Senate and House of Kepre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That the

No. 2t)0.

2G4 STATUTES AT LARGE

A. D. 1872. persons and bodies corporatt- wlio .-hall become stockholders in

eorporatois. ^'^*^ manner hereinafter described, and their sucees.^ors, shall be
Tiiiu '^ body politic and corporate, under the name, style and title of the

Charleston Loan and Exchange Company.

Sec. 2. The capital stock of the said company shall be one hun-

Capitii stock. (]red thousand dollars, to be divided into shares of one hundred
dollars each, and shall be raised in the followinj^ manner: The fol-
lowing persons are hereby ajjpointed Commi.^sioners to receive .sub-
scriptions to the capital stock, to ^vit : T. IL Williams, H. Bischofl',

CIS. Wra. Gurney, J. A. Bowley, J. B. Dennis, C. J. Lamb, W. H.

Gardner, Jr., S. A. Swails and J. H. Runkle. The said Commis-
sioners, or a majority of them, shall open books, at such places in

subscription. Charleston as they shall appoint, within sixty days from the pa.ssage
of thi.'^ Act, and receive subscriptions to the said stock : Provided,
The said Commissioners shall have given at least three days' notice
in two daily papers in the city of Charleston, of the time and place
of receiving the subscriptions, and shall require, a payment of
twenty-five dollars on each share, to be made at the time of sub-
scription therefor: And provided farther. That the Board of Direc-
tors shall have power, in like manner, at such time as they shall see
fit, to increase the said capital to the sum of five hundred thousand
dollars.
Division of ^EC. 3. That if, after sixty days from the time of opening the
books for subscription, one-tenth of the capital stock be subscribed
for, then the shares to that extent be divided j^^'o rata among
the stockhoklei-s, and the company empowered to commence busi-
ness.

Sec. 4. That the said company, under its name, shall have sue-

powcr?.^"^^'^^ ce.ssion of officers and members, and all the powers, privileges and
franchises incident to a corporation, and shall be capable of taking.
holding and di.sposing of their capital stock, according to such rules
and regulations as they shall, from time to time, establish, and,
also, of taking, holding or disposing of, or invc'^ting the increase,
profits or emoluments of their said capital stock; and shall have full
power and authority to have and use a common seal, and the same
to alter and renew at their pleasure ; and, Viy the name and title
aforesaid, shall be able and capable, at law and in equity, to sue
and be sued, to plead and be impleaded, an-^wer and be answered
unto, in all manner of suits, pleas, demands and judicial proceed-
ings whatever ; and they are further empowered to appoint a Presi-
dent, Board of Directors, and such other officers as they may <leem
expedient, for the proper protection and transaction of their bu.-i-
uess.

Sec. 5. That the said company i.s hereby authorized and enipow-

sLares.

OF SOUTH CAROLINA. 205

ert'd to make contracts, and to make loans of money, upon security ^- ^- '*''-•
of real estate, personal property and cIkjsch in action, to barter in ^j^^^. ^^^^^
all kinds of nierehaiital)k' articles, to give and to hold in exchange, contmcts, Ac.
iipDii >iuli rates of interest as may be agreed upon between the per-
sons or parties borrowing, and exchange at a rate agreed u[)on by
the Board of Directors.

Skc. 6. That the said company shall have right and power to j^^^^ ,i^,,j
acquire, purchase, take and hold, in its corporate name, lands and properij°'*^ ''^
real estate, and the same to demise, grant, sell, assign, exchange
and convey, in fee simple or otherwise, and that the sum of three
hundred dollars be yearly returnable to the State, out of the net in-
come derived by the company, and that this Act remain in force
for the period of twenty years.

Approved :\[arch 13, 1872. '

AN ACT TO Incoiu'ouate the Ameuican Union L/Iterary No. 201.
Club, of Gadsden, Richland County, South Carolina.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That JEsop Good- Corporators,
-nn, .John T. Gilmore, Peter Shiver, Robert Campbell, James Scott,
JcH". Tucker, Ellison T. Weston, Harkles Scott, Moses Scott, Stephe-
ney Scott, Alick Marshall, Kitt Mills, together with other persons ^

who now are, or hereafter may be, associated with them, be, and
, 1 I 1 , 1 , ' 1 11 1 Corporate

they are lierehy, declared a body corporate, unucr tlie name and name.

style of the American Union Literary Clul), of Gadsden, Richland

County, South Carolina, and shall have succession of oflicers, and

shall have a common seal.

Sec. 2. That the said corporalion shall have power to purchase,
receive and hold any real or personal estate, not exceeding in value privilege.-.,
the sum of ten thousand dollars, and to sell, convey and dispose of
the same; and, by its corporate name, to sue and be sued in any
Court of this State; and to make such rules and by-laws, not repug-
mmt to the laws of the land, as may be considered necessary and
exiK'dicnt.

Sec. ."5. That this Act shall be deemed and taken to be a jmblic
Act, and shall continue in force until rcpialcd.

Approved ^Manh lo, 1.S72.

266 STATUTES AT LARGE

A. i>. 1872. ^jq- ^VCT TO Incokp(»hate Till; Savings Bank of Aikex.

No. '2i}'2. Whereas there exists a chiss of persijiis who, from want of experi-
Pieambie. euce, are iucapuhle of investing their small incomes and earnings,
and as it is desirable to encourage economical and provident habits
in all classes, and esi)i'cially in the young, the laboring and the de-
pendent ; therefore,

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Goiip-
ral A«enibly, and by the authority of the same, That Ellery M.
Brayton. Charles D. Hayne, Frank Arnim, Samuel A. Gilinan,
Henry Jpnes, R. B. Elliott, P. R. Rivers, John Williams, S. J. Lee,
W. n. Jones, H. J. Maxwell, and their .successors and a.ssociates,
be, and they are hereby, constituted a body corporate and politic,
to receive deposits of money at interest, to loan and invest the same,
Corporate '^^(^ to issue certificates of deposits, under the name of the Savings
Bank of Aiken, and by this name are invested with the following
powers, rights and privileges, and subjected to the following restric-
tions :
Capital stock. ^^^^- -• That the capital shall be twenty thousand dollars, with
the privilege of increasing it to any amount not exceeding two hun-
dred thou.sand dollars. This capital shall be a fund pledged for the
security of deposits.

Sec. 3. Eack share of stock shall be one hundred dollars, and
shaies? the Stockholders shall vote at all meetings in proportion to the num-

ber of their shares.

Sec. 4. The stockholders shall have power to make rules, regu-
powers.^""^^ lations and by-laws for the management and direction of its affairs,
"• in accordance with the laws of this State, through their properly
constituted officers ; they shall have power and authority to do
everything necessary and proper for the safe and successful manage-
ment of the bank.
When may Sec. 5. That this institution may go into operation as soon
busia^s."''*' as fifteen thousand dollars of the capital stock shall be paid in, and
not before.

Sec. 6. That the stockholders of the .«:aid corporation shall be
sto'khobiers^ liable to the amount of their respective share or shares of stock in
said corporation for all ita debts and liabilities upon note, bill or
otherwise; and, further, no Director or other officer of said corpora-
tion shall borrow any money from said corporation. And, if any
Dii'cctor or other officer shall be convicted, upon indictment, of di-
rectly or indirectly violating this Section, he shall be punished by
fine or imprisonment, at the discretion of the Court. The books and
accounts of said corporation shall be open to inspection, under such
regulations as may be prescribed by law.

OF SOUTH CAROLINA. 207

Si:c. 7. That this Act shall he <k'(Miio(l :i puhlic Act, aii<l shall
continuo in force for the term of tweuty year.-i.

Approved March 13, 1872.

A. D lS-2.

AN ACT TO Incoupokati: the Wateuee Presbyterian No. 203.
Church, in Fairfield County.

Section 1. Be it enac'ed by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That the Wa- Powers ana
teree Presbyterian Ciiurch, of Fairfield County, i^ hereby incor-
porated, with all the rights and privileges awarded to religious de-
nominations in this State.

Sec. 2. That the said church may acquire property, real and per-
sonal, for religious and educational purposes, and may dispose of,
regulate and govern the same, as they may deem proper, in accord-
ance with their laws and discijiline, such laws not being inconsist-
ent with the laws of the State.

Sec. 3. This Act shall be deemed a public Act, and shall con-
tinue in force until repealed.

Approved March 13, 1872.

AX ACT TO Incorporate the Salem Prp sbyterian Church, No. 204.
OF Wadmalaw Island, South Carolina.

SixTiON 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral A&senibly, and by the authority of the same. That Thos. ]Mid- Corporators.
dleton, RollfTig Mathas, Abram Deas, their associates and succes-
sors, are made a body cori)orate and politic, under the name and
style of the Salem Presbyterian Church, of Wadmalaw Island,
South Carolina, with all the powers now granted to or vested in such
like corporations by law; to sue and be sued, plead and be im- i;^"'''*» •'"'*
pleaded; and to have a common seal, to alter at will ; and make such
rules and by-laws to govern the corporation aforesaid, not repugnant
to the laws of this State.

Sec. 2. This Act to be a public Act for the term of twtnty-one
years.

Approved March 13, 1872.

Title.

268 STATUTES AT LARGE

A. D. 11^2. ^Yjf ACT TO Rknew tiik Chartkr of Makion Lodge, No. 2,

~ ^ .,7. I- O. O. F., of the City of Ciiaklkstox, S. C.

ho. 20o.

Be it enacted by the Senate jind House of lvepresentiitive.s of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same, Tliat the charter of Marion

neweti. ' Lodge. No. 2, I. O. O. F., be, and the .<anie is hereby, renewed, and

t«hall continue in force until amended, altered or repealed ; and that
all acts done by the said Marion Lodge, No. 2, I. O. O. F., since
the expiration of its charter, in conformity thereto, shall be, and

ciause."^^'^'"^ the same are hereby declared to be, as good and valid, to all intents
and purpose.-^, as if the same had been done before the expiration of
its charter.

Approved March 13, 1872.

No. 206. AN ACT to Incorporate the Grand Division of the Sons
OF Temperance, of Solth Carolina.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
Co pomtors. era! Assembly, and l)y the authority of the same. That Oliver
Hewitt, W. W. Pemberton, Thomas J. LaMotte, W. B. Tinimons,
W. T. D. Cousart, G. G. Patrick, E. E. Sell, P>. D. Townseud, A. M.
Kennedy, Rev. J. Claudius Miller, G. AV. Turner, L. W. Kennedy,
M. W. Felder, L. L. Rice, S. H. Tindal, and others who now are, or
may hereafter l)ecome, officers and members of the Grand Division
of the Sons of Temperance, and their successors, officere and mem-
bers, be, and they are hereby declared to be, a body corporate and
name. politic, by the name and style of the " Grand Division of the Sons

of Temperance, of the State of South Carolina ;" and that the
said corj)oration, by its corporate name, sue and be sued, plead and
be impleaded, in the Courts of this State ; and shall be enabled and

„ ^ empowered in law to purchase, have, hold, enioy and possess chattels,

Powers and '^ ' > > ' j .' i »

piiviirges. lands, tenements or real estate, of what kind and nature soever, and
the same, or any part thereof, to sell, alien or convey, at their will
and i)le:u^ure : Provided, That the property so held shall not e.xcocd
the annual value of fifty thousand dollars ; and the said corporation
shall have power to make a common seal, with power to change and
alter the same as often as they shall deem necessary.

Sec. 2. That this Act shall be deemed and taken to be a public
Act, and shall continue in force until repealed.

Approved March 13, 1872.

OF SOUTH CAROLINA.

AN ACT TO Dkct.akk Pl'iujc a Ckktain Road in tiiij
County ok OKANfjKmiKo.

Be it enacted by the Senate and House of Representatives of tlie
State of South Carolina, now met anil .sitting in (Jeneral A«siMnhlv,
anil by the authority of the same, That a certain road in the County
of Orangeburg, leading in a north-easterly direction from thn town
of Branchville, to what is known as the 01«1 Orangeburg Road, be,
and the same is hereby, declared puljlic.

Approved March 13, 1872.

269

A. 1). ls7J

No. 207,

AN ACT TO Authorize the Pormatiox of, and to Incor- No. 208.
porate, the Laurens and Asheville Railroad.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Af-sembly,' and by the authority of the same, That J. R. corporators.
Fowler, William Mills, Lanson Owens, Samuel Fleming, Wm. H.
Langston, Y. J. P. Owens, J. Crews, W. E. Earle, Thomas ]\I. Cox,
Alexander Isaacs, Wilson Cook, Alex. McBee, H. P. Hammett, L.
Williams, Hewlett Sullivan, James P. Moore, and their associates
and successors, be, and they are hereby, declared a body politic and
corporate, under the name and style of the Laurens and Ashe- Corporate
villi- Railroad Company, for the purpose of constructing a rail-
road from the town of Laurens to the town of Greenville, and
thence towards Asheville, N. C, by the most direct and possible
route.

Sec. 2. That, for the purpo.«e of raising the (■ai)ital stock of
i=aid company, it shall be lawful to open books, at the town of e^-s™t™'^ilrise
Laurens, under the direction of J. R. Fowler, William Mills, Lau- ''''"^"^ ^^*'*'''-
son Owens, Samuel Fleming, Wm. II. Langston, Y. J. P. Owens
and J. Crews ; at the town of Greenville, under W. E. Earle,
Thoma.s ]\I. Cox, Alexander Isaacs, Wilson Cook, Alex. McBee, H.
P. Hammett, L. Williams, Hewlett Sullivan and James P. jMoore ;
and at such other places, in the Counties of Laurens and Green-
ville, and under the direction of such other persons, as the Commis-
sioners in the respective Counties herein above named niav de-
signate, for the purpose of securing subscriptions to an amount , ,

T Mf n 111, Joint capital

not exceeding two million five hundred thousand dollars, in stock.

shares of one hundred dollars each, to constitute a joint capital
stock, for the purpose of coustructing and carrying into opera-

270 STATUTES AT LARGE

A. D. ^7-2. ti,j,j t),^. gjj|,j railroad; lunl, on each share of individual stcjck, the
^ subscribers shall pay to the Commisdioners, who shall be author-

ized to take the same, the sum of five dollars, lawful money o^
the United States.

Sec. 3. That, when the sum of one hundred thousand dollars
When said
compinymay shall have been subscribed in the manner before specified, the sub-
meet aad or- i n i i , i i i i ■, \ ^
gaiiize. scnbers shall be, and they are hereby, declared a body corporate,

to be known by the name and style of the Laurens and Asheville

Railroad Company, and may meet and organize said company, at

such time and place as may be designated by the Commissioners

for the town of Laurens hereinbefore named.

Sec. 4. That, for the purpose of organizing said company, all

priviieses such powers as are conferred by the charter of the Greenville

con f c rrccl Id \^

charter oh and Columbia Railroad Company on the Commissioners at Green-
certain com- .1, , 11 1 1 11 n I 1 /-I • •

paiiit's grant- viUe shall be, and are hereby, conferred on the Commi.'^sioners

company. herein appointed, at the town of Laurens; and all the powers,
rights and privileges granted by the said charter, and its amend-
ments, to the Greenville and Columbia Railroad Company shall
be, and they are hereby, granted to the Laurens and Asheville
Railroad Company, and subject to like restrictions as are therein
contained, except as to the capital stock, the sum necessary to
authorize organization, and the amount of shares, except so far as
may be necessary to conform to the special provisions of this
Act: Provided, hoivever, That nothing herein contained shall be so
construed as to bind the State to subscribe stock in said com-
pany, or make any appropriatiop to enable the said company to
build said road, or in any manner to loan the credit of the State
thereto.

Sec. 5. That it shall be lawful for any County, township, town

may be made or city in this State, interested in the construction of the said rail-
townsh?psi^^' road, to subscribe to the capital stock of Paid company such sura

c?tie3! °^ as the majority of the voters of such County, township, town or

city may authorize their constituted authorities to subscribe; and

Manner of ^^^® Chairman of the Board of County Commissioners of any

subscribing. County, or the Mayor or Intendant of any town or city in this
State, when instructed by resolution of a convention of tax payers
of such County, township, town or city — said convention to be
called, after reasonable notice, by the Chairman of the Board of
County Commissioners, or the Mayor or Intendant of the town or
city, upon the application of not less than ten tax payers, in
writing — is hereby required to submit the question of said sub-
scription, and the amount to be subscribed to the said road, to a
vote of the legal voters thereof, the said Mayor, Chairman or In-

OF SOUTH CAROLINA. 'J71

teiitlant to designate the precincts for voting, and to aj)f)oint suita- ^- ^'- ''^^•
bio Mimagors to conduct the same, and declare the result. ''

Sec. G. That if any County, township, town or city shall make a
subscription to said road, as provided in the foregoing Section, said Subacription,
subscription shall be raised by taxation, in annual installments, of raiac-u.
not less than ten nor more than twenty years, as the people may
authorize in the vote aforesaid.

Skc. 7. That whenever any subscription shall be made by any
County, township, town or cily to said road as aforesaid, the County county'^Au([N
Auditor or other officer discharging the duties of County Auditor, suror'.'^^ ^*"*'
shall assess, annually, upon the taxpayers of such County, town-
ship, town or city, such per centum as may be necessary to raise the
annual installment required by said subscription, which shall be
knownamlstyled in the tax books as thesaid railroad tax, which shall
be collected by the County Treasurer, under the same regulations as
are provided by law for the collection of the State and County
taxes, and which shall be paid over by said County Treasurer, as
soon as collected, lo the Treasurer of said railroad company.

Sec. 8. That, upon the payment of 9aid annual railroad tax by
the tax i)avers, the County Treasurer, or other officer collecting: said ..o,^*^^!^ ^^^

1 ' ' - o - payer to re-

lax, shall give to each tax payer a certificate of the amount ^aid by ^'}'^^ * ceni-

him on said railroad tax, which certificate shall be convertible into
stock in said railroad company, at par, in the hands of said tax-
payer or the bearer thereof, when presented to the company for that
j>urpose.

Sec. 9. That, in all conventions of the stockholders of said com-
pany, such County, township, town or city, as may subscribe to the town"i"ips,^'
capital stock thereof, may be represented by not less than three nor reacted. '*^^''
more than five delegates, who shall represent such portion of the
subscription of the said County, township, town or city as may not
have been converted into individual stock by the certificates of the
tax payers aforesaid ; and said delegates may be appointed in pri-
mary convention of the tax payers of such County, township, town
or city, as the case may be, in such manner as the said convention
may determine, and for this purpose the Chairman of the County
Commissioners of any County, or the Mayor or Intendant of any
town or city, in which subscriptions may be made, is hereby re-
quired to call a convention of such tax payers, at least ten days
before the meeting of any convention of stockholders of said com-
l)any to which the delegates are to be appointed.

Sec. 10. That said company is authorized to receive subscription
to its capital stock in lands or labor, as may be agreed uiion i)e- suhspriptions

. • 1 1 ■ I I •! 1 -I may be ina«l«

tween said company and said subscribers, and may ac(piire, by in lamis or
grant, purchase, lease or otherwise, any estate, real or personal,

272 STATUTES AT LARGE

A. D. is7i. whatsoever, and the same to hohl, use, sell, convey and dispose of,
^"' "^ as the interest of said company requires.

Sec. 11. That the County Commissioners of the Counties of Lau-
rens and Greenville, and the pro})er authorities of the towns and
villages in those Counties subscrihing to the capital stock of the

bon .8. said Laurens and Asheville Railroad, be empowered, as soon as the

said company shall have complied with the terms of subscription of
auv of the above mentioned Counties, towns, cities or villages, and
said subscriptions accepted by said company, then the said County
Commissioners of such County, or the proper authority of such
towns and villages, are authorized and required to issue bonds to
the amount of said subscription, and to have levied and collected,
par to par, on all taxable property in said County, town or villages,
a sum of money sufficient to meet the interest accruing on such
bonds as may be issued to meet such subscription to the capital
stock of said Laurens and Asheville Railroad Company, and to
provide further payment of such bonds as they may fall due.

Skc. 12. That the said Company be, and they are hereby, author-
ized to issue first mortgage bl)nds in an amount or amounts not ex-

gagil-oiuis.^ " ceeding twenty thousand dollars per mile, for each and every mile
of the said road, as soon as each mile of the same shall be com-
pleted, and so on until the completion of the entire road.

Approved March 13, 1872.

2s^o. 209. AN ACT to Amend an Act entitled " An Act to Grant, Re-
new AND Amend the Charters of Certain Towns and Vil-
lages therein Mentioned," Approved March 9. 1871.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That the proviso
tiou oi own" in Section ninety-seven (97) of the said Act be, and the same is
hereby, amended so as to read as follows : " That the owners of
lands, over which such street or sticots may pass, shall be duly com-
pensated by the said Town Council."

Sec. 2. That, in case the Council and land owners cannot agree

Appoint- upon the amount of such compensation, the same shall be a.«cer-

niissioiiers. ' taiued by three Commissioners, to be appointed, one by the Town

Council, one by the land owner, and the third by the Board of

County Commissioners for Oragneburg County : Provided, That

either party may appeal from such assessment to the Court of Com-

OF SOUTH CAROLINA.

273

mon Pleas, who shall submit the issue of value to a jury : And pro- ^- ^- i^^.
ruled, fnrthcr, That the assessment agi-eed on, wliether by tlie aforesaid
Commissioners or by the jury, shall be recorded in the office of
Ke;.nster of Me.<ac Conveyance for the aforesaid County of Orange-
burg.

Approved March V.\, 1872.

-\X ACT TO Incorporate the Prospect Baptist Church, of Xo. 210.
Laurens County, South Carolina.

Section 1. Be it enacted by tlie Senate and House of Represen-
tatives; of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, That, from and corporator
immediately after the passage of this Act, all persons who now are,
or who hereafter shall or may become, members of said society, shall
be, and are hereby, incorporated, and are hereby declared to be a
body corporate, by the name and style of the " Prospect Baptist
Church," and by the said name shall have succession of officers and
members, and have a common seal.

Sec. 2. That the said corporation shall have power to purchase,
receive and possess any real or personal estate, not exceeding in
value the sum of twenty -five thousand dollars, or to sell the same;
and by its corporate name to sue and be sued in any Court of this
State; and to make such rules and by-laws (not repugnant to law)
as may be thought expedient.

Sec. 3. That this Act be deemed a public Act, and shall continue
in f(jrce until repealed.

Approved March 13, 1^72.

Title.

Pouers and
privileges.

AN ACT to Incorporate the Mount Bethel Church, of No. 211,
Laurens County.

Skctk^n 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sittin<r in Gen-
eral Asscml>ly, and by the authority of the same, That the Mount
Bethel Church, of Laurens Cr)unty, is hereby incorporated with all
the rights and privileges awarded to religious denominations in this
State.
18

274 , STATUTES AT LARGE

A. D. is»72. <:;£.(;, 2. That the said Betliel Church sliall have power to purchase,
^ ~ receive and hold any real and pcTSonal estate, not exceeding in value
'i'^n"^ *"•! the Bura of twenty thousand dollars, and to sell, convey and dispose
of the same ; and, by its corporatt*. name, to sue and be sued in any
Court of this State; and to make such rules and by-laws, hot repug-
nant to law, as it may consider necessary and exjicdient.

Sec. 3. That this Act shall be deemed and takeii to be a public
Act, and shall continue in force until rejjealed.

Approved March 13, 1872.

No. 212. AN ACT to Incorporate the Churches of Antioch, New
Hope, Bethel Grove and New Bethany, of Laurens
County, South Carolina.

Be it enacted by the Senate and House of Representatives of
the State of South Carolina, now met and sitting in General As-
sembly, and by the authority of the same. That the churches known
by the names of Antioch, New Hope, Bethel Grove and New Beth-
any, of Laurens County, South Carolina, be, and the same are
hereby, incorporated, and the corporators thereof are hereby vested
with all the rights, privileges and immunities conferred on certaial
religious institutions by an Act ratified the 10th day of December,]
1851.

Approved March 13, 1872.

No. 213. -^^ ACT TO Make Appi^opriation an^j Raise Supplies for]
the Fiscal Year Commencing November 1, 1871.

Section 1. Beit enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in;
General Assembly, and by the authority of the same. That the fol-
lowing sums be, and they are hereby, appropriated f<)r the paymentj
of the various officers and expenses of the State Government, that]
is to say :

OF S(;UTII C:AH0T.INA.

I'Dr tS(i/(ini'x.

Foi- the fJoviTiior, thriH' tlioUftiiiiKl iivc^ liiiiidred dollars; for the shIiu-u-h of
]jii;iit(Mi:iiit (iovenior, twonty-Hve luiiulred dollara; for the Sec- an/i*' Judic'ini
retiuy of State, thri-e tliousand ilollars; fur the Private Secre- " ^'''^^'
lary of tlic Governor, two thousand dollars ; for the Clerk to Sec-
retary of State, one thousand dollars ; for the Adjutant and In-
spector General, twnity-livi" hundred <lollars ; lor the Comptroller
(Jeneral, three thousand <lollars; for the Clerk to the Comptroller
General, eighteen hundred dollars ; for extra clerical services in the
office of the Comptroller General, one thousand dollars; for the
State Treasurer, twenty-five hundred dollars; for the Chief Clerk
to the State Treasurer, eighteen hundred dollars ; for a Book-
keeper for State Treasurer, eighteen hundred dollars; for Auditor
of the State, twenty-five hundred dollars; for the State Auditor's
Clerk, one tiiousand dollars ; for the State Superintendent of Edu-
cation, twenty-five hundred dollars ; for the Clerk to the State Su-
perintendent of Education, one thousand dollars ; for the Health
Officers, four thousand nine hundred dollars; for the Chief Justice
of the Supreme Court, four thousand dollars ; for the two Associate
Justices, seven thousand floUars; for the eight Circuit Judges,
twenty-eight thousand dollars ; for the eight Circuit Solicitors, eight
thousand dollars; for the Attorney General, three thousand dollars;
for the Attorney General's Clerk, one thousand dollars; for the
Clerk of the Supreme Court, who shall perform the duties of Li-
l)rarian of said Court, fifteen hundred dollars; for the State Re-
porter, fifteen hundred dollars; for the Keeper of the State House
and State Librarian, one thousand dollars; for the Superintendent
of the South Carolina Penitentiary, two thousand dollars; for two
Watchmen of tlu; State House and Grounds, six hundred dollars
each ; for the County Auditors, thirty-one thousand five hundred
dollars; for the Clerk to the Auditor of the County of Charleston,
one thousiind dollars ; for clerical services in the office of Auditor
of Charleston County, two thousand dollars ; for the Governor's
Messenger, three hundred dollars ; for the County School Commis-
sioners, thirty-one thousand two hundred dollars; for presi-rvatio!!
of hooks and records in the office of Register of Mesne Convcv-
ance in Charli'ston County, three thonsainl dollars.

Executive hejxirtmctd.

Skc. 2. For contingent fund of the Governor, fifteen thousaml continRont

dollars; for the contingent fund of the Treasurer, one thousand ielli'iv"'^ om".

dollars; for the contingent fund of the Comptroller (General, one ^"''*'*
thoii-and ilollais: for the continirent fund of the Attornev ( ieneral.

276 STATUTES AT LARGK

A. D. 1872. ,„)^. tlnius*:ui(l (lolliirs ; lor the ct)iitin^tMit I'lirid of the State Audilor,
^ ~ litU'eii luiiitlrtd dollars; tor the (•ontiiijj;c'nt fund of the A<ljiitaiit and
Inspector General, two thousand dollars; for the eontingent fund
of the State Superintendent of Education, fifteen hundred dollars ;
for the contingent iiind of the Secretary of State, two thousand
dollars; for the contingent fund of the State Lihrarian, five hun-
dred dollars. The above appropriations to be drawn by the head.s
each department, respectively.

Judiciary Depnrtmoit.

Expenses .Tn-

Sec. 3. For the purchase of booLs for the Supreme Court Li-
diciary Do- brary, oue thousand dollars, if so much be necessary, to be drawn

partinent, - ... . '

on the order of the Chief Justice ; for the contingent expenses of
the Supreme Court, under Section 7 of an Act ratified the 18th
day of September, 1868, five hundred dollars ; for an attendant on
the library and the rooms of the Supreme Court, eight hundred
dollars, to be paid, quarterly, on the warrant of the Chief Justice
on the Treasury — the said attendant to be appointed by, and be re-
movable at, the pleasure of said Court; for three Code Commission-
ers, for salary to May 1, 1^72, five thousand two hundred and fifty
dollars ; and no further amount shall be paid the Code Commis-
sioners after this date ; and before which time the Code Commis-
sioners shall make a complete index and reference, and correct all
errors in side notes, &c.

Ordinary Civil Expeni<es.

Ordinary Sec. 4. For the Civil Contingent Fund, thirty thousand dollars —
civil expcn- „„ , -,■,■,, , <. •,. i i i n i

scs. fifteen thousand dollars thereof, it so much be necessary, shall he

applied to the payment of claims now audited and on file, other
than 7i»//a iona claims ; for the support of the Lunatic Asylum,
eighty thousand dollars, to be paid on the warrant of the Comj)trol-
ler General, on the application of the Board of Regentj^ ; for the sup-
port of the State Orphan Asylum, fifteen thousan<l dollars, tn Iw
paid in accordance with the law establishing the same; fin- rc-oi-
ganizing and perfecting the State Militia, fifteen thousand dollars :
Provided, That three thousand five lniiidre<l dollars be used for the
repair of the Armory at Columbia, to be drawn on the warrant of
the Comptroller General, on application by the Adjutant and In-
.ipector General ; fin* Quarantine expenses, three thousand dollars ;
for Keeper of the Lazaretto, four hundred dollars; for repairs and
painting of the Laztiretto building, six humlred dollars, to de drawn
on the warrant of the Comptroller Greneral, on application by the
Port Physician of Charleston ; fi)r the Physician of (Charleston Jail,

OF SOUTH CAROLINA. 277

one thousiiiul (lollai-s; for traiisportiition and clotliing of dischartrcfl a. n. 18:2.
convicts, three hundred doUars ; for the Catawba Indians, eight v— '

hundred doHars ; for the payment of the Commissioners, Messengers
and Managers of the General l']leeti()n of \H~'2, tweuty-five thou-
sand (hollars, to be paid on the warrant of the Comptroller Gene-
ral.

Extraordinary Expenses.

Sec. 5. For past dues for construction and for continuing the Appvopria-

construction of the South Carolina Penitentiary, eighty thousand ^{"ucUnn '^^""f

dollars, to be paid on the warrant of the Comptroller General, on Pi^niientiary.
api»lication of the Superintendent.

Educational Department.

Skc. 6. For the supjiort and maintenance of Free Schools, three Appropria-
liuudred thousand dollars, in addition to the capitation tax: Pro- tenance of
vidcd, That the sura of three hundred thousand dollars be ap})or-
tioned among the several Counties of the State, in proportion to the
number of children between the age of six and sixteen ; further,
that each County shall be entitled to the amount of the poll tax
raised in said County ; for the support of the University of South Support of
Carolina, twenty-seven thousand eight hundred and fifty dollars ; na Univtr-
for repairs to buildings of South Carolina University, ten thousand
dollars, to be paid on the warrant of the Comptroller General, on
application of the President of the University ; for the support of
the South Carolina Institution for the Education of the Deaf and
Dumb and the Blind, ten thousand dollars, to be paid on the war-
rant of the Comptroller General, on ap})lication of the Chairman
and Secretary of the Board of Commissioners of the Deaf and Dumb
and the Blind.

Sec. 7. That all taxes, assessed and payable under this Act, shall
be paid in the following kinds of funds, viz : Bills Keccivable of the
State, United States currency, National Bank notes, Revenue Bond
Scrip, gold or silver coin.

suy

Approved March 13, 1872.

AN ACT Relating to the Financial Agent of the State of Xo. 214.
SofTii Cakoi.ina, in the City of New Ycikk.

t^ECTioN 1. J>e it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That the Finau-

278

STATUTES AT LARGE

A. D. 1P72.

\<ljustnient
uikI setile-

IIH-Ilt of Fi-
iiiiix-ifil Agl'b'
Claims.

Release and
discharge.

To render
stiUement to
Couiptroller
General.

cial Board of this State i.s hereby authorized and required forthwith
to ailju.st and settle the claims, demands and account"', and all or
any matters of difference relatinj^ to the Financial Agent of this
State, in the city of New York, and to receive any balance whieh,
on such adjustment, may be found to be owing to this State by ihe
said Financial Agent, or for which said Financial Agent may be,
or become, liable to this State; al.^o, for all property or effects be-
longing to this State, now in, or which may hereafter come into,
the possession of said Financial Agent, or any part or parts
thereof; and upon the due paynient and satisfaction, on the part
of said Financial Agent, of any demand arising on such settle-
ment or adjustment, to execute and deliver to him a full release
and discharge for all liability to this State by reason of any
matter or thing done in the course of such Financial Agency.
That said Financial Board shall render a statement of the set-
tlement with the Financial Agency tu the Comptroller General
of the State thirty days prior to the meeting of the next Gene"
ral Assembly.

Sec. 2. That this Act shall take effect immediately.

Approved March 13, 1872.

No. 215. AN ACT Relating to the Bonds of the State of South Car-
olina.

Preamble. "Whereas, bonds or obligations of this State have been issued,
from time to time, to a large amount, in accordance, as was supposed
by the officers issuing the same, with the authority and provisions of
certain Acts of the General Assembly, including "AnAct to au-
thorize a loan to redeem the obligations known as the Bills Receiva-
ble of the State of South Carolina," approved August 26, 18G8 ; also,
" An Act to authorize a State loan to pay interest on the public
debt," ai)proved August 2(3, 18()8; also, " An Act to provide for
the appointment of a Land Commissioner, and to define his powers
and duties," approved March 27, 1869 ; also, " An Act to amend
the last named Act, and for other purjxtses," approve<l March 1,
1870 ; also, " An Act to authorize a loan for the relief of the Treas-
ury," approved February 17, 1869; also, "An Act to provide for
the conversion of State securities," ajiprovcd ^farch 23, 1869 ; and
"An Act to authorize the Financial Agent of the State of South
Carolina, in the city of New York, to pledge Stsite bonds as collateral

OF 80UTII CAUOLINA. i'7!»

sscurity, ami for oIIut j)iirp()>(.'.'?," upproveil Marcli 1^<), ]M(i'.'; which '^- "• '"■'-'•
.said honds are I'liUy imd particuhvrly staled and set forth in a report
made by the Treasurer of the State to the General Assembly, dated
October 31, 1871 ; and whereas, doubts have arisen whether said
issues were in strict conforniity to the provisions of the said several
Acts under which they were repectively issued; and whereas, it was
the true intent and meaning of the several Acts above set forth that
such issues of bonds or obligations should be made in the manner' in
which the same have been made, as aforesaid ; and, whereas, also,
doubt.* have been raised as to the validity of some of the bonds men-
tioned in the said annual report of the State Treasurer, for the fiscal
year ending with October 31, 1871, although money has been bor-
rowed Uy, or realized out of, said bonds on account of this State ;
and, whereas the credit of this State has been affected thereby :

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That the said Bontisnamed
bonds and obligations, issued on behalf of this State, as mentioned ^^,^ ^^ri-pon
and set forth in the report of the Treasurer of this State to the Gen- gued""^ ''"
oral Asseml)ly, dated October 31st, 1871, were duly and lawfully is-
sued in pouibrmity with the true intent and meaning of the several
Acts of the General Assembly hereinbefore set forth by their re-
spective titles.

Sec. 2. That the acts of the officers of this State, authorized un- ^co of state
der the jirovisions of the laws of this State, and of the several Acts S^f umi con-
hereiiibelore referred to, to the extent of all issues of bonds or obli- ^^■™*^^-
gations enumerated and set forth in the said report of the Treasurer,
be, and are hereby, in all things, ratified, confirmed and established.

Sec. 3. That each and all of the bonds named in said annual re- Bonds nnme.i
port of the Treasurer of this State for the fiscal year ending with er's reiiort*"' ■
October 31st, 1871, be, and the same arc hereby declared to be, le- -'^''^»^> ^■•''*''-
gal and valid bonds of the State of South Carolina, for the payment ^

of which the faith, credit and funds of the State have been, and
arc hereby, pledged : Provided, That no bonds be included which I'roviso.
are not registered in the Treasury at the time of the passage of this
Act, as provided for by Section 14 of Article IX of the Constitu-
tion, relating to finance and taxation.

Sei". 4. The Section of each of the Acts under which .-^aid bonds Annuui tux
l)urport to be issued, which provides for an annual tax to pay the e°t.*'"^ '"^*''^
interest, is hereby deolured to be a part of this Act ; and an annual
tax, in addition to all oilier taxes, shall be levied upon the prop-
erty of the State, sufficient to pay the interest on the bonds named iu
or provided for, by this Act, until the principal of said bonds shall

280

STATUTES AT LARGE

A. D. 1^T:.

UoikN to be
of one dus-
criiUiou and
Style.

Bonds here-
tofore author-
ized, to be is-
sued in con-
formity with
this Act.

Manner of
sale not to im-
pair their val-
idity.

Duty of Gov-
ernor, Tn-as-
urer and Sec-
retary of
ftaie.

Proviso.

Places
registry.

become due, such i)ayiuent to be made in United States currency
only.

.Si:c. 5. Hereafter every bond converted or i.s:>iued under or in
pursuance of any of the laws of this State, shall be of the descrip-
tion and style of those heretofore issued under au Act mtitled "An
Act to provide for the conversion of State securities," approved
]\Iarch 2;ki, 1^)69, .so that all of the bonds of this State shall be of
one description and style, as soon as the exchange can be made :
Provided, That all bonds of the State of South Carolina converted
into stock of said State, and all stock of theStitte of South Carolina
converted into conversion bonds of the State , as provided for in the
Act hereinbefore mentioned, approved March 23, 1869, shall be
cancelled immediately upon the conversion of the .same, and retired
from issue or hypothecation.

Sec. G. All bonds heretofore authorized to be issued shall be
issued in pursuance of, and in conforiiiity with, the provisions of
this Act, and shall be converted into bonds, of the style and de-
scription named in the next preceding Section, as speedily as the
same can be done.

Sec. 7. That neither the sum or sums realized from any pale or
sales of any of the bonds of this State, nor the manner of sale of
any of the bonds of this State, shall in any manner affect or impair
the validity and obligation thereof.

Sec. 8. The Governor is hereby authorized and recjuired to sign
all of the bonds named in this Act. The State Treasurer is au-
thorized and required to countersign the same. And the Secretary
of State is authorized and required to affix the seal of the State to
the same without delay : Provided, That no bonds shall be signed
by the Governor, or countersigned by the State Treasurer, except
for the conversion of bonds or stocks already issued pursuant to
law.

Sec. 9. Nothing contained in this Act shall authorize the issue
or conversion of any bonds of this State other than those named in
the report made by the State Tre;isurer, as specified in the 3d Section
of this Act, and such as have been auth<irized under previous laws
of this State.

Sec. 10. The Commercial Warehouse Company, in the city of
Xew York, and the Carolina National Bank, in the city of Colum-
bia, South Carolina, are hereby declared to be authorized places for
the registering of the bonds, coupons or stocks of the State of South
Carolina, and they are authorized, on the passage of this Act, to
immediately advertise, in one or two of the principal papers in
each of the cities of New York, Columbia and Charleston, to the
holders of all the bonds, coupons or stock of the State of South

OF SOUTH CAROLINA.

281

Carolina, the necessity <>f" registering their bonds, coupons or slncks •'^ "• """-•
at one of the above authorized places of registry. In tlie registra-
tion of said bonds, coupons or stocks, the number and denomination
of each bond, coupon, or certificate of stock, the Act under which it
was issued, and the name of the person, association, corporation or
firm presenting the same, shall be recorded, and the time and place
of registration shall be endorsed upon said bonds, coupons or stocks,
so that the same bonds, coupons or stocks may not be presented at
more than one jilace of registration. It shall be the duty of the
said Commercial Warehouse Company, in the city of New York,
and the Carolina National Bank, in the city of Columbia, South
Carolina, to publish, in the cities of New York, Charleston and Pubiicati'-'n
Columbia, quarterly statements of the whole amount of bonds, cou- st&t'Ju^\aH of
pons or stocks registered by them, the number, denomination, and i'°"ea! regis-
the Act under which they have been issued. The State Treasurer
and the Financial Agent of the State, in the city of New York,
shall not pay interest on said bonds or stocks until tliey have been
registered according to the requirements of this Act.

Skc. 11. All Acts or parts of Acts contrary to, or inconsistent
with, this Act are, for the purposes of this Act, but for no other
purpose, hereby repealed.

Sec. 12. This Act shall take effect immediately.

Approved March 13, 1872.

AN ACT TO IxcoRPORATE THE South Carolina Real Estate, No. 216,
Plantin(; and Mixing Company.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That R. F. Gra- corporators
ham, Edward Reid, George Kline, H. E. Hayne, B. F. Briggs,
S. A. Swails, AV. A. Grant, W. B. Nash, Edward Mickey, O.
K. Levy, VVm. Elliott, J. A. Bowlcy, Barney Humphreys, Jor-
dan Lang, C. C. Boweu, Timothy Hurley, T. A. Davis, N. B.
Myers, J. B. Bascomb, S. Greene, J. S. MobKy, and their asso-
ciates, successors and assigns, are hereby created a body politic and
corporate, under the name and style of the " South Carolina Real
Estate, Planting and Mining Company," for the purpose of securing
foreign and domestic c:i[)ital in the purcha.se and im])rovement of
lands and other property, and for the working of the same, and for

Corporate
nanio.

0)iJi-Ct3 of

corporutlon.

2«2 STATUTES AT LARGE

\.v.i>'i. selling and settling the same: Providtd, however, That the said
corporation shall be organized and go into operation within two
yeai-s from the passage of this Act.
Capital slock. Sec. 2. And bc it Jurther provided. That the capital stock of .said
corporaticm shall be one niilliou of dollars, (Sl,000,(J(JO,j in shares of
one hundred dollars, (8100,) each, with the privilege of increasing
the same, from time to time, to the extent necessary for which
said company is formed, .said increase not to exceed the sum of
five millions of dollars, (§5,000,000,) and said increase to be made
only at a regular meeting of the said company, upon a vote of
two-thirds in amount of the stock for the time being in favor of
such increase.

ferabk-^^^^"^" ^^^' '^' '^^^^ ^^^^ ^'^'^ shares shall be deemed jtersonal ])roperty,
and shall be transferable ouly on the books of the company.
May hoici Sec. 4. Tl}at the said corporation shall have power to purchase,

prop rty. acquire, hold, use, work and dispose of real estiite in any of the
Counties of this State, to work and operate mines, to work and
operate farms and plantations within the State, and to dispose,
generally, of the products of the same.

.By.iaw3, &c. Sec. 5. That the said corporation shall also have power to make
all by-laws necessary for the disposition of its property, and for
the management of its affairs, for the regulation of the term of
office of its officers, and prescribing their duties, and to carry
out the general objects of the corporation, and the same at plea-
sure to annul and repeal : Provided, That such by-laws, rules
and regulations shall not conflict with any laws of the United
States or of the StJite of South Carolina,

Sec. 6. That said corporation shall have power to borrow money
by issuing interest bearing bonds, secured by mortgage ot its
property and franchises, or of any portion of the same; and, for
Tssue of this purpose, may issue bonds for sterling, gold coin or currency,
payable in London, New York or Charleston, secured by mort-
gage to trustees for the payment of the said bonds ; and, also,
may purchase land, for cash or for bond, secured by mortgage,
or partly for cash, and partly for bonds and mortgage.-: J'ro-
Liabiiity of vided, That the stockholders of the said corporation shall be liable
stockholders, j.^ ^^^^ amount of their respective share or shares of stock in said
corporation for all its debt-s and liabilities upon note, bill or other-
wise. The books and accounts of said corjwration shall be open to
inspection, under such regulations as may be prc-^cribed by law.

AgencUs. Sec. 7. That said corporation shall have the power to establish

agencies at such place in Europe and America as it may deem
desirable for the carrying out of its objects ; and may, also, hold

OF SOUTH CAROLINA. 283

unrl purchase iho stocks or bonds of :iuy joint stock or incorpo- a, D. in72.
rated companies, and the bonds ol' private individuals.

Si;c. 8. That, within tlie time prescribed for the going into ^jj^'^jj,'"" '^^
()j)eration of" this Act, a meeting ol' the said company shall be held,
at which meeting fifteen Directors shall be elected by the said cor-
jioration, which said Directors shall elect from their own number a
President and Treasurer ; and they shall also elect such other officers
and agents as they may deem necessary for eflecting the object of
the said corporation ; and, annually after the said meeting, the said
stockholders shall elect twelve Directors.

Sec. 0. The saici cor})oration shall have succession of officers. General pow-
power to adopt and use a corporate seal, to sue and be sued, to plead
and be impleaded, to defend and be defended, in any Court of law
or of equity.

Si;c. 10. This corporation shall have the right to establish wagon wagon roads,
roads to and upon its property, with the privilege of connecting the
same with any roads in the State, and shall enjoy all the privileges
that are awarded, under the general laws of the State, to any cor-
poration, together with the special privileges awarded by this
charter.

A])proved March 13, 1872.

JOINT RESOLUTIONS.

JOINT RESOLUTION to Provide for the Re-Publication No. 1.
OF Certain Statutes of this State, axd Jothnals of the
General Assembly Thereof.

Section 1. Be it resolved by the Senate and House of Represen-
tatives of the State of South Carolina, now met and silting in Gen-
eral Assembly, and by the authority of the same, That the Repub- tion ' 'of'' vof.
lican Printing Company be, and they are hereby, authori/eil to have xiii^xiv^of
printed one thousand copies each of Volumes X, XI, XII, XIII t*'" stuiuiea.

and XIV, of the Statutes of this State, saiil coi)ies to be deposited I'luceof iie-

. . . . . posit,

in the State Library, subject to proper distribution as public ueces- „

J ' J I I I To ■whoso

sities or the -convenience of State and County ofKcials may dictate. oiUers sub-
The Clerk of the Senate and the Clerk of the House of Represen-
tatives shall havi' supervision of said printing.

Si:c. 2. The cost of the printing herein provided for shall be paid proviika for.

STATUTES AT LARGE

upon the certificate of the said Clerks (jf the Senate and of the
House of Representatives, out of :my moneys in the Treasury not
otherwise apjjropriated.

Returned to the Senate with oltjections of His Excellency the
Governor, November 29, 1871.

Ix THE Senate, Columbta, S. C., December 9, 1871.
On the question, "Shall this Joint Resolution become u law, the
objections of Ilis Excellency the Governor to the contrary notwith-
standing?" the yeas and nays were ordered, the Joint Resolution
passed by a I'iva voce vote of yeas, 15; nays, o; and ordered to be
sent to the House of Representatives.
By order:

J. WOODRUFF,

Clerk of Senate.

[y THE House of Representatives, December 11, 1871.
On the question, "Shall this Joint Resolution become a law, the
objections of His Excellency the Governor to the contrary notwith-
standing?" the yeas and nays were ordered, and the Joint Resolu-
tion passed by a viva voce vote of yeas, 63; nays, 29; and become a
law, in accordance with Section 22, Article HI, of the Constitution,
and ordered to be returned to the Senate.
By order:

A. O. JONES,
Clerk of the House of Representatives.

No. 2. JOINT RESOLUTION t> RECiUiiiE the Goveunor to Com-
municate WITH THE Proper Authorities of the State of
"Georgia, with a View to a Re-adjustment of the Boun-
dary Line Between the States of Georcia and South
Carolina, and Authorizing the Appointment of Three
Commlssioners.

Whereas the actton had by the Commissioners of the conference

OF SOUTH CAROLINA. 285

bt'twoon tlio States of South Caroliiui and CJeorjfia, on the 2lth dav ^- ^- '^7'--

of Ainil, A. D. 17<S7, in the town of Jk-aufoit, in the State of South '" ^

... . . Action of

C'anilina, is, for nianv reasons, unsatisfactory, pronunent aniont; t'>*^ confi-r-

. ' 1 • • .1 fuvc hetwoen

which niav be nientioncn tlie ambiguity of the hrsi Article, the Souiii (jmo-
iiianifest error in third Article, to wit, " the State of South Caro- kIu unsaiis-
liiia shall not hereafter claim any lands to the eastward, southward, AmijiKuitv
south-westward or west of the boundary above established ;" and enor m'tjiuii
whereas the citizens of South Carolina have no rights of fishing in ' uiKiiis of
the Savannah River, or using or drawing off tlie waters of said wuter^ of
river for the puri)oses of navigation or manufacturing ; therefore, Rivcr'cienleii.

Section 1. Beit resolved by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same. That the Governor twnmuiHcate
of this State be, and he is hereby, required to communicate with J^eV'of"tieor'
the })roper authorities of the State of Georgia, with a view to a re- s'a-
adjustment of the boundary line between the States of Georgia and
South Carolina ; and that, whenever the Governor of the State of
Georgia shall have indicated to him its willingness for a re-adjust-
ment, that he be, and is hereby, further authorized and required to tjj^.^e ^'^{joui^.
appoint three Commissioners, on the part of the State, to effect fo'" 'laid" pur-
said re-adjustment; and said Commissioners shall be paid the same Pose-
per diem and mileage as members of the General Assemblv : and ^ ^^^r

•• " _ • ' ment provi-

the Treasurer of the State is hereby authorized to pay the same out ''^''^ ^°i-
of any funds in the Treasury not otherwise ap})ropriated.

Sec. 2. That the said Commissioners shall have ])ower to arrange coiun)*i"sioiv^
and finally determine the line between said States: and their action ^'"^ c^'r'''"S

•^ ' on ?>iiiie oi

in the matter shall be binding upon the State of South Candina. smith caro-
Apjtnived January 8, 1872.

JOINT RESOLUTION Autiiokizixc J. A. Maye.^ Executor No. 3.
OF THE Estate of James McBride, Deceased, to Sell Cer-
tain Lands, and Api'ly the Proceeds Thkhkof to the
Education of the Minor Hf.ihs.

Section 1. />V it rcsolval by the Senate and Hou.se of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, That J. A. ^[ayes,

286 STATUTES AT LARGE

A. D. 1 72. executor of the estiite of J. McBride, deceased, be, and is herel)y,
authorized and empowered to sell, at private or public sale, as he

J. A. Mayes "^i^y deem best, certain timber lands, belonging to said estate, and
8eiV^°'cert .[n to make and give deeds of conveyance for the same,
pive^ deeds ^EC. 2. That the mouey or moneys accruing from the sale of said
for same. lauds shall bc used for the support and education of the minor chil-

Disposition dren of the said James McBride, or so much thereof as may be ne-

arising '^from cessary, and if there be any amount remaining unexpended when

such children shall have attained their majority, the same shall be

Unexpended disposed of according to law, or the will of the said James McBride,

balance— how

to be dispos- as the case may be.

Sec. 3. That the said J. A. Mayes shall deposit with the Judge

of the Probate Court a bond sufficient to cover the amount of said

Fund to be gale, before the money accruing therefrom shall be turned over to

with Probate him, for the faithful disbursement of the same according to the pro-
Judge. ..,,.,. ^ ^
visions of this resolution.

Approved January 31, 1872.

No. 4. JOIXT RESOLUTION Authorizing the State TREAf^uRER to
Re-issue Certificate of State Stock to R. S. Porcher.

Be it resolved by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authoritv of the same, That the State Treasurer be, and
Certificate , . , , i '. , • t^ o. -rw i i •

re-issued to he IS hereby, authorized to re- issue to K. S. Porcher, or liis assignee^

agent or attorney, certificate of State Stock No. 186, for fifty (50)

dollars, issued under Act ratified September 21, A. D. 1866, and

supplemental Act, ratified December 21, A. D. 1866, in lieu of the

original, which has been lost or mislaid : Provided, That he gives a

bond of indemnity to the State for double the value of the certificate

issued.

Approved January 31, 1872.

OF SOUTH CAROLINA. 287

No. 5.

JOINT RESOLUTION to Change the Name of Samuel Do- a.d.ist-.
GEN, Columbus Dogen and Simon Dogkx, to Samuel Far-
row, Columbus Farrow and Simon Farhow.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the names of Samuel D(jgen,
of Newberry County, and Columbus Dogen and Simon Dogen, of
Union County, be changed to Samuel Farrow, Columbus Farrow
and Simon Farrow, and that hereafter the said Samuel Dogen, Co-
lumbus Dogen and Simon Dogen shall be known and called Samuel
Farrow, Columbus Farrow and Simon Farrow.

Approved February 15, 1872.

JOINT RESOLUTION Authorizing the State Treasurer Xq. 6.
TO Purchase a Set of Fire and Burglar-Proof Doors
FOR the Vault in his Office.

Be it resolved hj the Senate and House of Rejiresentatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same. That the State Treasurer be, and Fire and
1.11 1-1 1 p f 111 n burglar- proof

he IS hereby, authorized to purchase a set oi nre and burglar-proor doors for

doors for the vault in his office, at a cost not to exceed fifteen huu- offlc«.

dred dollars, and to be paid for out of any moneys in the Ti'easury

not otherwise appropriated.

Approved February 27, 1872.

JOINT RESOLUTION to Relieve the Late County Treas- No.
URER OF York County, E. M. Rose, and his Bondsmen.

Be it resolved by the Senate and House of Representatives, now
met and sitting in General Assembly, and by the authority of the
same, That Edward M. Rose, late County Treasurer of York
County, and his bondsmen, Wra. E. Rose, James Windsor and J. noiuimen
L. Watson, be relieved from all responsibility as Treasurer and
bondsmen in York County until date, in consequence of a raid made
on that office and ofticer by the Ku KIux Klan, on the 2Gth day of
February, 1871.

Approved March 4, 1872.

relic viil.

288 STATUTES AT LARGE

A^is72. JOINT RESOLUTION TO Rimjevi: R. Vampill, Tkeasurer
OF Marion Coi;nty, of Uncoi.lixtkd Taxrs for the Year

1868.

No. 8.

Whereas the books and papers of the Treasurer, R. Vampill, of
Marion C\)unty, were destroyeil hy fin; on the 28th day of February,
1870, at tlie town of Marion ; and whereas lie has no record left of
the parties delinquent ; therefore,

Sectiox 1. Be it re-'<oIved by the Senate and House of Represen-
roii'ii.s»'(*iTroin tatives of the State of South Carolina, now met and sitting in ( Jen-
cerialn uixea^ ^ral Assembly, and by the authority of the same. That R. Vam-
pill, County Treasurer of Marion, be, and is hereby, relieved from
responsibility for tlie uncollected taxes of 1808, in Marion County,
amounti ig to So, 604. 66, on account of the State, and S3,21o.02, on
account of the County. The Auditor of State and Treasurer of the
State and the County Commissioners of Marion are hereby author-
ized and directed to give him full actjuittance and release therefor.

Approved March 4, 1872.

Xo. 9. JOINT RESOLUTION AuTnoRizixG the State Treasurer
TO Pay the Salary of the Late Judge Pi.att to His
Widow.

Be it resolved by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same, That the State Treasurer be,

Trcasurerto .^^^^ |jg jg hereby, authorized and directed to pay to Mrs. Cornelia

to'^Mrr^'^c PlJitt, widow of the late Zephaniah Piatt, Judge of the Second Cir-

P att- cuit of this State, the amount of salary, as Circuit Judge, which

would have accrued to the Judge of the said Circuit, from April

24, 1871, the date of the decease of Judge Piatt, to September 9,

1871, the date of the qualification of his successor in office.

Approved March 9, 1872.

No. 10. JOINT RESOLUTION Proposing an Amendment to the
Constitution of the State of South Carolina.

Preamble. Whereas, the Constitution of South Carolina, in Article II, Sec-

OF SOUTir CAROLINA. 289

tioii 11, requires a j^'eneral election to he lield on the fliird Wcdnes- a. d. is72.
day in Octolur, in every second year after ei;,diteen hundred and ' '' '
seventy; and, whereas, once in every four years an election is re-
quired for Presidential Electors, which takes place the first Tuesday
after the first Monday in November; and, whereas, the people of
this State are, by these two elections following so closely upon each
other, great'y annoyed and inconvenienced, and the industrial inter-
ests of the State as greatly disturl)ed and imperilled ; therefore,

Be it re.^olred by the Senate and House of Representatives of' the Amon.imont
Suite of South Carolina, now met and sitting in General Assembly, }o,i^o'"qmai:
and by the authority of the same. That the follcAving amendment '^*"*^"^*^'"
to the Constitution of the State be submitted to the qualified elec-
toi-s of the State, at the next general election ; and, if a majority of
the electors qualified to vote for members of the General Assembly,
voting thei-on, shall vote in favor of such amendment, and two-
thirds of each branch of the next General Assembly shall, after
such election, and before another, ratify the same amendment, by
yeas and nays, it shall be part of the Constitution, to wit: Strike
out all of that portion of Section 11, of Article II, following the
Avords "eighteen hundred and seventy," occurring in the fourth Timeofhoi.i
and fifth Imes, and insert the following: "And forever thereafter,"'- .'geuerai'
on the first Tuesday following the first Monday in November, in' ''^'''''''""'
every second year, in such manner and at such places as the Legis-
lature may provide."

That the question of adopting this amendment shall be submitted
to the electors as follows: Those in favor of the amendment shall vou^T*^' foJ
deposit a ballot, with the following words written or printe.l thereon, »°^«"^"^^'"-
" Constitutional Amendment-Yes." Those opposed to said amend'
ment shall cast a ballot, with the following words written or printed
thereon, "Cojistitutional Amendment— No."

Approved ]March 9, 1872.

JOINT RESOLUTION AurnoRizixr, the County C(.M>ris- No 11

blONEKS OF WiLLIAMsiJUKO CoiXTY TO Lk VV A SPKCIAL TaX.

Be it rr,o/vrd by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Asseujbly,
and by the authority of thesame, That, in addition to>thetax here-
tofore authorized to be levied, the County Commissioners of Wil- Three mills
liamsburg County are hereby authorized t<, lew, and cause to be i%\n\^' j^fr
colloetod, a special tax of 2 mills on a dollar, the same to be used

1 V

290 STATUTES AT LARGE

A. D. 1^2. exclusively for the purpose of rebuilding tlie jail in the said
^ "~ County.

Approved March 9, 1872.

No. 12. JOINT RESOLUTION Authorizing the State Treasurer
TO Pay to the Widow of Somerfield Montgomery Two
Hundred and Fifty Dollars.

"Whereas Somerfield Montgomery, late Auditor of Newberry
County, died during the last quarter of the fiscal year, and, the
salary of such Auditor being unpaid, therefore,

Be it resolved by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General A^sseinbly,

and by the authority of the same. That the State Trea-surer is

pars^"Mont°. hereby authorized and required to pay to the widow of Somerfield

fr^^'to^ his Montgomery the salary of such Auditor for the last quarter of the

widow. gg^,^l yg^j.^ amounting to two hundred and fifty dollars ; and that

her receipt shall be full and sufficient voucher for the payment

of said sum.

Approved March 9, 1872.

No. 13. JOINT RESOLUTION to Provide for the Payment of
Certificates Issued by the General Assembly.

Be it resolved by the Senate and House of Representatives of
the State of South Carolina, now met and sitting in General As-
sembly, and bv the authority of the same, That the State Treasurer
pjyanrcrlifi" is hereby authorized and 'required to pay the certificates of the
berf anir.u-" members and subordinate.^ of the General Assembly, issued by the
tacheesof the Qigrj-g ^f both Houses, and bearing the signatures of the President
sembiy. „^' ^|^^, Senate and Speaker of the House of Representative?, m

United States currency, gold or silver coin only. And he is hereby
authorized to borrow, on the faith and credit of the State, a suflS-
cient amount to cancel the said certificates.

Approved March 12, 1872.

OF SOUTH CAROLINA. 291

JOINT KESOLUTION to Autiiohizi; titi: Payment of Com- a.\).\-^:i.
mi8siom;h8 and Manaoicks of Elfctions at Sffcial Elec- "T"^"^ '

TION8 DuKimi THE YeAK EkjUTKEN IIUNDKFI) AND SEVENTY- ^^^' ^'^^
ONE.

Be it resolved by the Senate aiul House of Representatives of the
State of South Can)liiia, iiuw met and sittinj^ in General Asscmblv,
and by the authority of the same, That the State Auditor is hereby
autliorized and required to audit the accounts of the Commissioners accS's"' Cf
and .Managers of Elections at special elections held during the year ersaMlitiumi
eighteen hundred and seventy-one, in any of the Counties of this uons.*'^ ^'*"'"
State, and thereupon the State Treasurer is hereby authorized and
required to pay the same out of any unexpended balance of the ap-
propriation made by Section 4 of the Act of .March 7, LS71. entitled
" An Act to make appropriation and raise supplies for the fiscal
year commencing November 1, 1870," "for deficiency for payment
of Commissioners and Managers of Elections, ten thousand dollarc;."

Approved March 12, 1872.

JOINT RESOLUTION to Authorize and Direct the Comp- No. 15.
TiioLLER General to Draw Warrant, in favor of C.
"Werner, on the State Treasurer, when Certain Require-
ments are Fulfilled.

Wlicreas a Joint Resolution was passed in IS.IG, appropriating preamble,
five thousand dollars towards purchasing the cast iron Palmetto
Tree for a monument to the dead of the Palmetto Regiment; and,
whereas, on the 2<)th of December, 1858, another appropriation
of one thousand dollars more, as additional compensation, was
passed ; and, whereas, .Air. C. Werner was only paid four thousand
dollars :

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Asson.blv pJv'o w«nu.?-
an<l by the authority of the same, That the Comptroller (Jeneral f.ViT ^'coadi.
be authorized, and is hereby directed, to draw his warrant on the ' " ~
State Trea.<urer, to the amount of two thousand dolhirs, in favor of
C. Werner: Provided, Mr. Werner makes alterations on the panels,
as directed by the Connnissioner of the State House, as reported
by the Committee on the State House, on the 20th of Decend)er,
18o8. The State Trejisurer is hereby authorized and directed to

tions.

290 STATUTES AT LARGE

A. D. LS7-2. exclusively for the i)urj)ose of rebuilding the jail in the said
'^ ~ Citunty.

Approved March 9, 1872.

No. 12. JOINT RESOLUTION Authorizing the State Treasiker
TO Pay to the Widow ok Somerfikld Montgomery Two
Hundred and Fifty Dollars.

Whereas Somerfield Montgomery, lute Auditor of Newberry
County, died during the last quarter of the fiscal year, and, the
salary of such Auditor being unpaid, therefore,

Be it resolved by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same. That the State Treasurer is

pay s. Mont- hereby authorized and required to pay to the widow of Somerfield

fry^^'ito^ ms Montgomery the salary of such Auditor for the last quarter of the

^' fiscal year, amounting to two hundred and fifty dollars; and that

her receipt shall be full and sufficient voucher for the payment

of said sum.

Approved March 9, 1872.

No. 13. JOINT RESOLUTION to Provide for the Payment of
Certificates Issued by the General Assembly.

Be it resolved by the Senate and House of Representatives of
the State of South Carolina, now met and sitting in General As-
sembly, and by the authority of the same. That the State Treasurer
paya.tr°ertifi° Js hereby authorized and required to pay the certificates of the
berr an!"*^at- members and subordinates of the General Assembly, issued by the
Gp^nerai^^As^ Clerks of both Houses, and bearing the signatures of the President
sembiy. ^^^- j]^g Senate and Speaker of the House of Representatives, in

United States currency, gold or silver coin only. And he is herein-
authorized to borrow, on the faith and credit of the State, a suffi-
cient amount to cancel the said certificates.

Approved March 12, 1872.

OF SOrTII rAlIOT>TNA.

JOINT PxEj^OLUTION to Aurnoiazi.; rnK Payment of Com-
Mi.ssioNi:us AND Mana(ii:ks of Ei.fctionh at Si'ix'iAL Elec-
tions DuRiN(j THE Year Eighteen Hundred and Seventy-
one.

Be it resolved by the Senate ami House <»f Reprosentativps of the

State of South Carolina, now met and sitting in General Assembly,

and bv (he authority of the same, That the State Auditor is hereby

1 "• 1 1 "-I T 1 /< 1 /-I • • Payment <.f

authorized and required to audit the accounts oi tlie Conimisssioners accouni.s of

and ^Managers ot J'^lections at special elections held during the year ersiiMci Muim

eighteen hundred and seventy-one, in any of the Counties of this tiona.

State, and thereupon the State Treasurer is hereby authorized and

required to pay the same out of any unexpended balance of the ap-

l)ropriation made by Section 4 of the Act of March 7, 1871, entitled

" An Act to make appropriation and raise sup])lies for the fiscal

year commencing November 1, 1870," "for deficiency for payment

of Commissioners and Managers of Elections, ten thousand dollars."

Approved March 12, 1872.

JOINT RESOLUTION to Authorize and Direct the Comp- No. 15.
TKoLLER General to Draw Warrant, in favor of C.
AVi;i:ner, on tfie State Treasurer, when Certain Rei^uire-
ments are Fulfilled.

Whereas a Joint Resolution was passed in 1856, appropriating Preamble,
five thousand dollars towards j)urcliasing the cast iron Palmetto
Tree for a monument to the dead of the Palmetto Regiment ; and,
whereas, on the 2()th of December, 1858, another appropriation
of one thousand dollars more, as additional compensatioii, was
pa-ssed ; and, whereas, Mr. C. Werner was only paid four thousaiul
dollars :

Beit re.soh'((l bv the Senate and House of Represi'ntatives of the

Ci .^ X' o .1 rt " 1- . I • • • /-, 1 . , . Troft.«iiror to

btate ot bouth Carolina, now met and sitting inCicneral Assemblv payc Werner

11 .1 1 •■ <• I rni . 1 /-. 11 .-. '. ii-,i)00, on cer-

and by tlie authority ol the same, 1 hat the Comptroller General tuiu comii-

be authorized, and is hereby direetetl, to draw his warrant on the ^'**"^

State Treasurer, to the amount of two thousand dollars, in iavor of

C. Werner : Provided, Mr. Werner makes alterations on the panels,

as directed by the Commissioner of the State House, as reported

by the Committee on the State House, on the 2<lth of Deceiuber,

l''^)8. The State Treasurer is hereby authorized ami directed to

■292 STATUTES AT LARGE

A. D. ]?72

pay upon the order of the said Comptroller General, out of any
moneys in the Treasury not otherwise appropriated.

Approved March 12, 1872.

Xo. 16. JOINT RESOLUTION Authorizixg the State Treasurer
TO Pay to L. S. Langley, Late School Commissioner of
Beaufort County, the Sum of One Hundred and Thirty-
two Dollars, (6132.)

Be it resolved by the Senate and House of Representatives of
the State of South Carolina, now met and sitting in General As-
Treasurer to sembly, and by the authority of the same, That the State Treasu-
r^y ei'sl'^^"^ ^^^ ^^' ^°^ ^® ^^ hereby, authorized and required to pay to L. S.
Langley, late School Commissioner of Beaufort County, the sum of
(S132) one hundred and thirty-two dollars, the same being the
amount he advanced on text books, for the use of Free Common
Schools in the County aforesaid, out of any funds not otherwise ap-
propriated.

Approved March 13, 1872.

No. 17. JOINT RESOLUTION to Grant a Section of Land, in Lan.
(ASTER County, to the Widow and Minor Children of
Isaac Cowles.

Preamble. Whereas Isaac Cowles, a citizen of the County of Lancaster, and
State 01 South Carolina, did enter upon a .section of sixty acres of
the land of the State, purchased by the Land Commission, and did
proceed to acquire a title to the same, by actual settlement and cul-
tivation, and on the terms provided by law; and whereas the said
Isaac Cowles was taken from his house, on or about the 2")th day
ofAi>ril, 1871, bv a baud of disiruised and armed men, and, while in
the peace of the State, was, by them, brutally murdered because of
his political opinions, and because he had dared to exercise liia
civil rights as a loyal citizen of the United States ; and whereas the
said murder was in pursuance of a system of organized violence,
designed to suppress free speech and a free ballot among loyal citi-
zens of the State ; and whereas the said Isaac Cowles left a widow and

OF SOUTH CAllOLINA. 20:j

three minor children, now livin*; and de.'^titute, on Pai<l land, and ^ ^^ ^'^'-
luivi' no means to make payment for the .same; therefore, '

Be it reaoloed by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the Secretary of State be, sta1e*^to"i8suc
and he is hereby, directed to issue a title to the widow and minor '^^'^'''•
children of Isaac Cowles for the section of State land in the County
of Lancaster, located and settled upon by the said Isaac Cowles.

Approved March 13, 1872.

JOINT RESOLUTION to Authorize the County Commis- No. 18.
SIGNERS OF Abbeville County to Levy and Collect an
Additional Tax of Two Mills upon the Dollar.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General A.«sembly,
and by the authority of the same, That the County Commissioners of tm^^'mVi'is
of Abbeville County be, and they are hereby, authorized and di- [fj^uit 'uouse!
rccted to levy and collect a special tax of two mills upon the dollar
on the taxable property of the said County ; said tax to be devoted
exclusively to the rebuilding of the Court House lately destroyed
by ^-e.

Approved March 13, 1872.

JOINT RESOLUTION Authorizing and Directing the State Xo. 19.
Auditor and County Commissioners to Levy Certain
Taxes.

Be it resolved by the Senate and Hou.se of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the State Auditor be, and
he is hereby, authorized and directed to levy, and cause to be col-
lected, a tax of six (6) mills on a dollar of all taxable property in
the State, to meet appropriations for the fiscal year commencing
November 1st, 1871 ; that the State Auditor is hereby authorized

Six millbtux.

294 STATUTES AT LARGE

A. D. 1S72. j^j,(j requircil to levy, in addition to tlu' goncral State levy, a tax of

„ ... two mills on all the taxable i)roi)ertv iu the State, lor the .support

Two mills II.' » II

i'^^- of public schools, which shall be collected at the same time the

general State levy is collected, and paid into the Treasury of the
State. The same shall be the State School Fund, and shall be kept
by the State Treasurer separate and apart from all other funds in
his possession, and shall, under no circumstances, be used for other
than school puri)0ses. And the County Commissioners of each of
the Counties are hereby authorized to levy and cause to be col-
lected, a tax not exceeding three mills on a dollar of all taxable
property iu their respective Counties, except the County of Fair-
field, iu which the County Commissioners shall not levy a tax of
more than one and one-half (1 1) mills for the fiscal year commencing
November 1st, 1871.

Approved March 13, 1872.

No. 20. JOINT RESOLUTION Authorizing the State Treasu-
rer TO Re-issue to M. E. Carrere, M. D., and W. M. Wil-
son, Executors of Samuel Wilson, Deceased, Certain
Certificates of State Stock.

Preamble. "Whereas it appears by the books of the State Treasurer that
there has been duly issued certain certificates of State stock, to the
amount of three thousand five hundred and sixty-six dollars and
sixty-seven cents. (§8,566.07,) to Samuel Wilson, deceased ; and
whereas said certificates coming into the hands of said i\I. E. Car-
rere, M. D., and "W. M. "Wilson, as executors as aforesaid of Sam-
uel "Wilson, were lost or destroyed at the burning of Columbia, in
February, 1865; therefore,

Be it resolved by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same. That the State Treasurer be,

stock'to^M. e! and liP i'^ hereby, authorized to re-issue to said M. E. Carrere, M. D.,

Vv"'m. Wiis%"nl and W. M. Wilson, executors as aforesaid of Samuel Wilson, de-

cea.sed, certificates of stock, of the same amount, payable at the same

time, and bearing the same rate of interest as those lost or destroyed ;

that the sai<l M. E. Carrere, M. D., and "V\\ M. Wilson, executors as

' c^bond" aforesaid of Samuel Wilson, deceased, be, and they are hereby, re-

quired to deposit with the State Treasurer a bond legally executed

OF SOUTH CAKOI.INA. 295

in tlu' |icnnl sum of sevi'ii tliousiiiid one huudred ami tliirly-tliree
dollars and tliiily-lbur cents, (S7,lo;>.o4j to inderunily the State
against loss.

Approved Marcli 13, 1872.

A. D. 1-7 J

JOINT RESOLUTION Authorizing the County School No. 21.
Commissioner ok Union County, S. C, to Approve Ckr-«
TAIN Claims of Teachers.

Be it resolved by the Senate and House of Representatives of
the State of South Carolina, now met and .sitting iu General As-
sembly, and by the authority of the same, That the County School
Commissioner of Union County, S. C, be, and the same is hereby, scho.i coin-
authorized to approve for payment, out of the school fund of said ^y'^^^certaln
County, the claims of teachers of Union County, for services ren- t^'^^'^s.
dcred between the first of January, 1871, and the time when he
was appointed to fill the vacancy 'in said ofiice : Provided, That, in
his judgment, said claims are just, true and correct, and actually
d ue.

Approved March 13, 1872.

JOINT RESOLUTION Proposing an Amendment to the Con- No. 22.

STITUTION OF THE StATE OF SoUTH CAROLINA.

Be it remlred by the Senate and House of Representatives of the

State of South Carolina, (two-thirds of both Houses concurring,)

That the following Article be submitted to the qualified electors of proposinir

the State, at the next general election for Representatives, as an amoiuiinent
. . ... . . ^'^ Coiistiiu-

amendment to tiie Constitution of the State, which, if a majority of ^'O"-

the electors qualified to vote for members of the General Assembly,
voting thereon, shall vote in favor of such amendment, and two-
thirds of each branch of the next General shall, after such an elec-
tion, and before another, ratify the same, shall become part of the
Constitution, namely :

ARTICLE XVI.

To the end that the public debt of South Carolina may not here-

'20G STATUTES AT LARGE

A. D. 1872. after he iiicroased without the due coii8i<leratioii ami free fonsent of

\o debt lo ^^'^ people t)f the Stiite, the General Asseinhly is herehy forhitliien

Ir H"^b^-^'two" ^^ create any further debt or obligation, either by the loan of the

iiilrdsvoie of credit of the State, hv guaranty, endortiement or otherwise, except
the people. _ , ' . b j ' > i

for the ordinary and eurrent business of the State, without first sub-
mitting the question svs to the creation of any such new debt, guar-
anty, endorsement or loan of its credit, to the j>eople of this State,
at a general State election ; and, unless two-thirds of the qualified
voters of this State, voting on the question, shall be in favor of a
further debt, guaranty, endorsement or loan of its credit, none such
* shall be created or made.

That the question of adopting this amendment shall be sub-
Manner of . ^ .
voting for the mitted to the electors as follows: Those in favor of the amendment
mendment. ,,,t . ,,, .ii/.ii- , • -j
shall deposit a ballot, with the following words written or printed

thereon : " Constitutional Amendment, Article XVI — Yes." Those
opposed to the amendment shall cast a ballot, with the following
words written or printed thereon: " Constitutional Amendment, Ar-
ticle XVI— No."

Approved March 13, 1872.

ACTS OF THE GENERAL ASSEMBLY

OF THE

STATE OF SOUTH CAROLINA,

ra.-<.'<ed at the Rcfjular Session, which was begun and held at (he

Citij of Columbia, on the Fourth Tuesday in November,

A. I). 1<S72, and was adjourned witlcout day on the

2()th day of February, A. D. 1873.

Fkanklix J. Moses, Jr., Governor. K. Howell Gleaves,
Tresident of the Senate. Samuel J. Lee, Speaker of the House
of Representatives.

Corporators.

A. D. 1872.

*AN ACT To Incorporate the Charleston Water Company, -j^-^^ .)^-
iN the City ANt> County of Charleston, S. C.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of tlie State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That Daniel
Tyler, Daniel ^f. Porter, Charles H. Siinonton, Jodsvin Parson, C.
W. Montgomery, Alva Gage, William F. Pierce, Timothy Hurley,
Thomas Sands, T. D. McDowell, John Douglass, J. B. Dennis, W.
:\r. Thomas, W. J. McDowell, J. S. Mol)lcy, S. Green, B. F. Briggs,
J. B. Bascomb, A. (). Jones, W. J. Etter, J. Woodruff, E. Nehe-
mias, their associates and successors, shall be, and they are hereby,
incorporated and declared a body politic and corporate ; shall have aenemi powers
l)owcr to make, use, have and keep a common seal, and the same to
alter at will ; to make all necessary by-laws not repugnant to the
laws of the land, and to have succession of officers and members,
conformably to such by-laws, and to sue and be sued, plead and be
impleaded, in any court of law or cfpiity in this State, and to have,
use and enjoy all other rights, and be subject to all other liabilities
which arc incident to other bodies corporate.

Skc. l>. The said company shall have full power and authority to
take, hold and convey water from any point, from any river, creek,

•This Act wns pnssod at the session of ;871-2, but wiis not delivered by the Oovcmor to
theSccretitiv of State in time for [>ublioAtion with the Acts of thiit session.

298 STATUTES AT LARGE

A. D. 1872. spring, or other sources, within sixty-five miles of the City of
,r ^. Charleston, into anil throuifh the said city, with the consent of the

I'owor to con- ' ° •' '

vty wiitor into Q\iy CoiHicil of Charleston first hiul and ohtaincd ; and shall have

una tlirough •'

Chaiio>toii. full j)o\ver and authority to make eanals, build dams, erect locks,

May build lay conduits or tunnels, for the conveyance of said water, through,

under or along any highway in the country adjacent, or any street

optii streets, Or strccts, lauc or lauud, alley or alleys, in the City of Charleston,

lanes, &i-., umier „ , „ . ,,.'.,. . , , ,

t.riiiia condi- lor tiic purpose 01 couveying and distributing said water ; and the

tions. 1111 1 • 1 /• •

canals, locks, dams, conduits or tunnels, irom tune to time, to renew
and repair, and, for such purposes, to dig, break up, and to open, at
their own expense, all and any part of the highways, streets, lanes
and alleys, and of the middle or side pavement thereof, leaving, at
all times, a sufficient passage for carriages, horses and foot passen-
gers, and restoring forthwith to their former condition all such
highways, streets, lanes and alleys, and the pavements thereof, as
may, at any time, be taken up, opened or dug ; and the said corn-
May erert buUd- pany shall have full power and authority to erect buildings, and to

^^' hold such real and personal estate as may be requisite and proper

to carry on the business aforesaid ; and the said corporation shall
have full power to raise, by subscription, in shares of twenty-five

Capital stock, dollars cach, a Capital of fivo hundred thousand dollars, with the
privilege of increasing the same to five millions dollars, if so much
be deemed proper ; and the said corporation may, by purchase or

■ , , , otherwise, take and hold any land necessary for the establishment

May take and . - ^ _ •'

hold private of their worfes, and also all private rights of way, water courses or

rights oJ wav, r & j »

-s>-e- Other easement which may be on or along the route through which

such canals, locks, dams, conduits or tunnels over or through any

public road, river, creek, water course or waters, that may be on

the route, but in such manner as shall not obstruct the passage of

the public road or the navigation of the stream. Lands or private

rights of way for canals, locks, dams, conduits or tunnels,

which cannot be purchased from the owner for want of agreement,

or from any other cause, may be taken by the company, at a

creement Com- Valuation to bc madc b}' Commissioners appointed by the Court

appointed'; thfir of Common Plcas of the Couuty in which any part of the

"'''■ land or right of way may be situated. The Commissioners, before

Oath of Com- acting, shall be sworn, before some Mairistratc, faithfully and im-

missioners. . ,. i i i • • i i mi • i-

partially to discliarge the duties assigned them. liieir proceedings,
accompanied by a full plat and description of the land, shall be
returned under their hands and seals to the Court from which the
Incase of np- Commissions issued, there to remain of record, lather party may
der a new vaiual appeal iVom this valuatiou at the next session of the Court granting
the commissions, giving fifteen days' notice to the opposite party of
such appeal ; and the Court shall order a new valuation to be made

OF SOUTH CAROLINA. 2!il)

liy a jiirv, ulio ^■ll!llI lie (•li;ii<,'C(l tlnnwitli in the same term, and tlic ^- ^^- ''*'-'■
vonlict shall be fiiuil and concUisivc, unless ii new trial be granted ;
and the land, or rijxht of land, so valued by the Commissioners o^r
jury, shall vest in the company in simple fee, so soon as (he valua-
tion bo tendered and refused. The ])(>ndency of an appeal by
either party from the valuation of tlie Commissioners shall uot i)re- i:ii.'ii'«of b.'h

, (. ,. . , . „ i . parlies during

vent the company from proceeding m the construction of their pi-ndency of np-
work in or upon the land or rifjlit of way ; but, if tlic appeal be
made by the company, it can proceed only upon giving the oppo-
site party a bdnd with good security, to be approved by the Clerk
of the Court when the valuation is returned, in a jienalty of double
the valuation, conditioned on payment of the valuation and interest
in case tlie valuatinii l)e sustained, and for payment of the valuation
made by the jury and sustained by the Court, in case it be reversed.
In all such assessments made by the Commissioners or jury, after
the construction of the works or appurtenances upon the land, Manner of vai-
reference shall be had to the true value of the land at the time the "'^^'°°-
construction was begun. The land covered by said works, and the
space of twenty-five feet on each side, shall be deemed in actual
])osscssion of the company ; a majority of the Commissioners shall
be competent to perform the duties required of them in this Sec-
tion. Nothing in this Act contained shall authorize the company
to take or invade, without the consent of the owners, any dwelling
house, yard, garden, graveyard, or ornamental trees. In the
absence of any written contract between the company and the own-
ers of the land through which the worlcs may have been constructed,
it shall be presumed that the land required and occupied by the
companv, with twenty-five feet on each side, has been trranted to rresumption in
the company by the owners; and the company shall have good >''°™'*'^*-
right' and title to it, and shall hold it unless the owner, or someone
claiming under him, .shall apply for the assessment of the value of
the land, as before directed, within ten years after the construction
of the works on or through the said lai.d. If within that time no
application be made for assessment l)y the owners or some one
claiming under him, he, or they, shall be barred forever from re-
covering the same, or having any compensation ; but this limita-
tion shall not affect the rights oi' fcmvie covert'!, infants or lunatics
until two years after the removal of their several tlisabilities :
Provided, nevertheless, That should the Commissioners aforesaid Proviso,
give any compensation in damages to the owner or owners of any
land or private rights of the way taken and occupied, as aforesaiil,
by the Charleston Water Company, the said company shall be held coJiuny'^Ld'
liable for the cost of the proceedings, and should such owner or fJJ"co^ts"of pi^bl
owners, as aforesaid, fail to recover any compensation, as aforesaid, "^'"'^

300 STATUTES AT LARGE

A. n. 1872. from said company, tliat such owner or owners shall, in like man-
^ ncr, be liable for the costs of the proceedings ; and either purty may

enforce, by execution, the collection of the costs aforesaid ; or
shouM ihe jury on appeal, as aforesaid, give no greater compensa-
tion in damages to the owner or owners of any lands or private
rights (jf way, taken and occupied, as aforesaid, by said company,
than was given therefoY l»y the Commissioners aforesaid, with inter-
est added thereto, then such owner or owners shall be liable for and
pay all costs and expenses of the proceedings and appeal ; but, if
such owner or owners recover a greater amount of cwnpensation in
damages than was given by th6 Commissioners aforesaid, with the
costs, expenses of the proceedings before said Commissioners, and
interest added, then such owners shall recover all the costs and ex-
penses of said proceedings and appeal of said company.

Sec. 3. That the said company shall have full power and au-
r^fivoirs and tTiority to establish reservoirs and fountains in such part of the
streets and squares of said city, wnth the consent of the City Coun-
cil of Charleston first had and obtained, or adjacent thereto, or else-
where, to be connected with the works, as they may think proper,
and to extend to all persons whomsoever, and to all bodies corpo-
rate and politic, the privilege of using said water, to be introduced
Privilege of in such manner, and on such terras and conditions, and in quanti-

iisins said water . ., , i-ii^i-i i-

to be aranted on ties, respectively, as they may think fit ; the said waters to be intro-

such conJitions , , i*-i"ii • ,i-ii i-

as they think fit. duccd, together With all reservoirs, canals, drains, locks, conduits,
tunnels, engines, buildings and machines to be by them made and
used for the purpose of introSucing, raising and distributing said
water, to hold to them, their successors and grantees forever, as
their sole and exclusive property.

Sec. 4, That the said shares of the capital stock aforesaid, of the
personal ^^^tat^e^ Said Corporation, to be deemed personal estate, and be transferable
transferable.^* Only on tlie books of the said corporation ; and no part of the said
capital shall, at any time, or under any pretense whatever, be loaned
or divided among the stockholders, until the liabilities of said cor-
poration, other than the bonds hereinafter authorized, have been
lawfully paid.

Sec. 5. That, if the proprietor of any share shall neglect or re-
nte to pay II- fuse to pay installments assessed thereon for the space of thirty (30)

stallment?, /. i • • i r i c \ n^

shares of defaui- days after the time appointed lor the payment thereof, the Ireasurer
auction. of the company may, by order of the Board of Directors, sell, by

public auction, a sufficient number of any shares held by such de-
faulter to pay all installments then due by him, together with the
necessary and incidental charges ; and the Treasurer shall give
notice of the time and place of such sale, and of the sum due on
each s'hare, by advertising the same, for two successive weeks pre-

OF SOUTH CAROLINA.

vious to such siilc, in eorni' newspaper in the city of Charleston ;
und a bill of tiulc of (he shuresi so i^old .'^liall he made l»y the Treas-
urer of the company to the purchaser tliereof, who shall thereui)on
be entitled to have the sanw transferred to him on the books of the
company, and .shall be liable for all future in.stallmcnt.s of the stock
he may pureha:se.

Sec. G. That at any time after the organization of said company, j^,^^^^ ^^^.
as provided for in the ne.xt Section of this Act, the said company provided for.
may issue bonds-of such denomination -and form as may be deemed
for the best investment of the company, bearing interest not ex-
ceeding seven (7) per cent, on the dollar, payable at such times,
manner and places as may be deemed expedient, to an amount not
exceeding three millions of dollars, and may make, execute and
deliver a mortgage, in such manner, form, and to such trustee or °^^«^'f-
trustees, or otherwise, as may be deemed best, upon all the property,
assets and efl'ects, and rights, privileges and franchises of said com-
{)any, then owned by said company, or which may be at any time
acquired or owned by said company, or to which it maybe entitled;
to recover the payment of the principal and interest upon each and
all said bonds, according to their tenor and effect; and upon such
niortgage being recorded in the office of Register of Mesne Convey- snchmort'a'o
ance in the city of Charleston, in the State of South Carolina, the when recorded i.i

-' ' office of Kfi{ister

same shall be and become a lease upon all property, assets; and °f Me«ne o.-n-

' r I .- ' veyance shall te-

effects, and all the rights, privileges, enfranchises, the said company, comeaUase.
by which company, all to which it is entitled to at the date of said
mortgage, or which said company may, at any time thereafter, re-
ijuire or own, or become entitled to.

Sec. 7. The said Daniel Tvler, Daniel M. Porter, Chas. H. Simon-

Books of sup.

ton, Edwin Parson, Timothy Hurley, Alva Gage, and their asso- scription.
ciates, may open books and take subscriptions for the capital stock
of said company, in such a manner as they may deem expedient ; and
whenever such subscriptions shall amount to the sum of one hun-
dred thousand dollars, the stockholders having had two weeks' no-
tice in writing, or in one of the public newspapers in the city of
Charleston, may meet and elect a President, Treasurer and Board Election of of-
of Directors or such other officers as they may deem necessary for
organizing the said company and conducting the affairs thereof.
Thereupon the right, franchises, powers and privileges granted by
this Act shall become vested under this Act; and the com|»any shall
be a body corporation therein provided; and the said Board of Di-
rectors shall continue in office until their successors shall have been Termor office,
duly elected ; and, until otherwise provided by the by-laws of the
said corporation, shall have power to dispose of tiie residue of the
capital stock of said company not subscribed for, in such manner

302 STATUTES AT LARGE

A^. is72.^ jjjj,j gf gyp]^ jj„^p j^g l^j^py j,^jjy, J]eg„j f^^ . a,)(^ jjt jijg gai(j election of
officers, aud at all meetings of the said company, any stockholder
Manner of shall be entitled to one vote for every share held by him ; that the

voting. Directors shall submit to the stockholders, annually, a written state-

ment, under oath or affirmation, of the Treasurer of the corporation,
setting forth the amount of capital stuck paid in. and of the general
assets of the company.
Penalty for ^F.c. 8. That if any person or persons shall, wantonly, negligently,
*ain''manncr ^^ maliciously divert the water, or any part thereof, of any ponds,

w'Jks ""Vi^biud streams, springs or water sources which shall be taken by said com-

company. pauy in pursuance of the provisions of this Act, or shall corrupt the

same, or render it impure or offensive, by mingling other substances
with it, or by washing or sjvimming in it, or by erecting any privy
or nuisances near it, or by any other moans whatever, or shall injure
or destroy any dam, lock, aqueduct, pipe, conduit, hydrant-^, ma-
chinery, or any other property held, owned, or used by the said com-
pany, by the authority and for the purposes of this Act, any such
person or persons shall forfeit and pay the said company treble the
amount of damages sustained by such company, to be recovered by
a civil action ; and any such person or persons shall, moreover, be
deemed guilty of misdemeanor, and may, on indictment and convic-
tion thereof, be punished by fine, not exceeding five hundred dollars,
and imprisonment, not exceeding one year, at the di.<cretion of the
' ' Court.

Sec. 9. That any such action or complaint of said company,

p^mt'to'be'tri^d ^o^i°st any person or persons whatsoever, on account of, or grounded

b.v^Courts m ti-is qq .^ trcspass or injury done to the said work, or any tunnels, locks,
dams, conduits, canals, water courses, pipes, hydrants, machinery or
other property of said company, or appertaining to the same, shall,
in every instance, be held and deemed as transitory in its nature,
and may be brought, sustained and tried in any Court of this State,
having jurisdiction in such like cases; and nothing in this Act, pro-
viding for special remedies of the said company, shall be construed
to deprive them of the right, or impair the same, of bringing any
suit in law or equity, to which they would otherwise be entitled.
Said company Sec. 10. That nothing in the foregoing Act shall in any way in-

with priviioffes tcrfcre with the privileges accorded to the Edisto and Ashley Canal

conferred on ^-,,

EJisto and A-h- Company.

pfny.*"* °'"" Sec. 11. That this Act shall continue in force from and after the

passage thereof, and no part of the capital stock, nor any of the
not to'be used m fuuds of the Corporation, shall at any time, during the continuance
turns'.''^ °P^"' of this charter, be used directly or indirectly in banking operations,

or for any other purposes whatever, inconsistent with this Act.
Approved March 15, 1872.

OF SOUTH CAKOLINA. 303

*AN ACT TO iNcoitroRATK THK Kkaufort Banking axdTkcst ^- '' '"''-

CoMTANV. ^^ ^ '

No. 21 M.

Sk'TIon 1. Jie it enncted hy the ScniUe and Huurfe of Reprcsen-
tutivos of the State of South Cardina, now met and sittinj^' in Gen-
eral Assembly, and by the autliority of the same, That .James M.
Crofiit, Alfred G. Thomas, Iv()i)ert Smalls, W. J. Whi]»i)er, N. B. Corporators.
Myers, and such other persons as may hereafter be associated with
them, and their successors and assigns, are hereby constituted a
body corporate, under the name of the "Beaufort Banking and
Trust Comi)any," and by that name shall have succession, and may Corporate came
sue and be sued in any Court whatever, with such powers and priv-
ileges as are hereinafter provided.

Si:c. 2. That the capital stock of said fompany shall not exceed
one million (1,000,000) dollars, divided into shares. of one hundred > i t k

(100) dollars each ; but when fifty thousand dollars ($50,000) thereof
shall have been actually subscribed and paid in, in cash, the said
company may organize and proceed to business under this Act,

Sec. 3. That the said company shall have power to make ad-
vances to planters, for the purpose of developing the agricultural in- . Powers and
terests of the State, upon loans, mortgages or part interest in the
crops to be raised ; to receive deposits of money and other valua-
bles, and issue receipts for the same; to buy and sell bonds, bills o^
exchange and promissory notes, and advance and loan moneys, se-
curities and credits; and may charge and receive, in addition to in-
terest, such a commission on advances of money and n<gotiating
loans as may be agreed upon between said company and the party
or parties buying or selling such bonds, bills of exchange and prom-
issory notes, or borrowing or receiving such moneys, securities or
credits ; and such commissions or interest may be made payable in
money, or in a share of the products or profits oflthe property given
or pledged as security for such loan and advances,or partly in money
and partly in a share of such j)roducts or profits, without creating
any partnership or joint liability between said company and said '

party or parties ; and the said company shall have power to take
and hold as security for, or in payment of, any loans or advances
made, mortgages or other instruments, or obligations upon or afiect-
ing real, personal or mixed property, and may cancel or assign Ihe
same; and said company shall have power to purchase, hold, sell,
exchange and convey lands or other property, of any nature, and
may execute and issue all such receipts, certificates, contracts or
other intruments, as may be necessary for the transaction of its bu-
siness. Said company may, at their discretion, guarantee the i)av-
ment of the principal or interest, or both, or any notes, bonds, bills •

*Se« note at fbot of page 297.

304 STATUTES AT LARGE

A. D. 1872. of exchange, or other evidence of individuals or bodies corporate,
^ ~ and may receive such corapensatiou therefor as may be agreed upon
between tlie parties.

Sec. 4. Tliat the said company shall have power to receive
moneys in trust or on (lej)osit, ami to invest or accumulate thesame,
at such rate of interest as may be agreed on, or to allow such interest
thereon as maybe agreed on ; shall have power to accept and execute
all such trusts, of every description, as may be committed to them, by
any person or persons whomsoever, or any corporation, or may be com-
mitted or transferred to them by order of any Court ; and shall
May hold havc powcr to take and accent, bv grant, assignment, transfer, de-

P'opirty in _ ' 1 ' . b ' b »

ust- vise or bequest, and hold any real or personal estate on trust created

in accordance with the laws of this State, and execute such legal
trusts, in regard to the same, on such terms as may be declared es-
tablished or agreed upon in regard thereto.

Sec. 5. That the business and corporate powers of said company

liiLy. shall be exercised by a Board of not less than five Directors, who

shall elect from their number a President, and may declare, by by-
laws, what number of Directors shall be a quorum for the trans-
action of business.

Sec. 6. That James M. Crofut. Alfred G. Thomas, Robert Smalls,
crip^on° ^"^" W. J. Whipper, N. B. Myers, named in the first Section of this Act
or any two or more of them, shall be, and they are here))y, appointed
Commissioners to open books for subscription to the capital stock of
said company, at such times and places, and for such amounts, as
they, or a majority of them, shall deem proper, but fur no less amount
of subscription than fifty thousand (50,000) dollars, as hereinbefore
Eieciion of Di- provided. The Directors of said company shall be elected by a

rectors. majority in interest of the stockholders of said company, voting at

an election to be held under the inspection of said Commissioners, at
such place as they may designate, within twenty days from the
closing of the subscription called for by them, and on the first Mon-
day in February in every year thereafter; and, if there should be
no election of Directors at any annual meeting, as hereinafter di-
rected, the Directors then in office shall continue until the next
election, in which the majority of the stock shall be represented.

„ . •. , „ Sec. 7. That the principal office of this comi)any shall be located

Principal office ; ^ ' ' •'

whire located, in the towu of Bcaufort ; that the Board of Directors shall have
Agencies. powcr to establish agencies, for the tntnsaction of the business of the
said company, at any place they may think proper, and to appoint
all such agents, officers or employees as may be considered necessary,
and may delegate power to transact any of its business to Commit-
tees or Directors, or to its officers or agents, as it shall deem proper;
and said Board of Directors may, by a majority of their whole num-

OF SOUTH CAROLINA. 305

lier, make siuli hy-law.s as may bo (IcciiumI necegsary for the manage- ^^- "'^-•
ment of the property, the government of tlic (jfticer;^, and the regu- j^^j^^ and t.y-
lation and conduct of the affairs of said company ; and may adopt •»**•
a corporate seal, and change tlie same at pleasure.

Si:c. 8. That the minutes of the proceedings of tlie Bcjard of I)i- u«:ordin^' of
rectors shall be kept, and the same sliall be entered in a book for
that purpose, and signed by the President, or acting Chairman or
Secretary. Stockholders shall Ix; entitled to certificates of their
respective shares of capital stock, which shall be transferable, as sjmiei trans-
provided in such certificates; and the Board of Directors shall ^"^
cause suitable books f<n- the registry and transfer of such shares to Bioksfor reir-
be kept, and every such transfer, to be valid, shall be made in such f^''^""'' *™'""
books, and signed by the shareholder, or his or her attorney, duly
authorized in writing, and the Board of Directors may close the
transfer books, from time to time, as the convenience of the company
may require.

Sec. y. That the Board of Directors, out of the funds of said i^-^'^onds.
company, shall defray its expenses and pay its debts, and may de-
clare and pay out of the surplus net profits of its business, to its
shareholders, or their duly authorized attorneys, such dividends as
they shall deem expedient.

Skc. 10. Thi*t the capital stock of said company may, at any time, increase of
be increa.sed to any amount not exceeding, in the aggregate, one '^^p""'^'"*^^-
million dollars, by the addition of new shares, of one hundred (100)
dollars each, duly subscribed for and paid in, in such a manner and
upon such terms as the Board of Directors shall prescribe: Pro-
oidcd, That such increase shall have been first authorized by the
votes of a majority in interest of the stockholders.

Skc. 11. That the stockholders of this company shall be liable i-.'Hbiiity of
for the debts and obligations of the company to the extent of double
the amount of stock held by them.

Sec. 12. That the stockholders of said corporation shall be liable r,- .

1 Directors pro-

to the amount of their respective share or shares of stock in said J'J'j *<'<'. f'*""
corporation fur all its debts and liabilities upon note, bill or other- py from corpom-
wise; and, further, no Director or other ofiicer of said corporation
shall borrow any ntbney from said corporation. And if any Direc-
tor or other officer shall be convicted, upon indictment, of directly
or indirectly violating this Section, he shall be punished by fine or
imprisonment, at the discretion of the Court. The books and ac-
counts of said corporation shall be open to inspection, under such
regulations as may be prescribe<l by law.

Sec. 13. That this Act shall take effect immediately u])on its
passage, and shall continue in force for ninety-nine years.

Approved March 15, 1872.

;5<>t! STATUTES AT LARGE

A. D. 1872.
^— V-— ' AX ACT AUTIIORIZIXO^AND DiUECTING THE COMPTROLLER

2so. iil9. General and County CoMMi^rtioNEus to Levy Certain
Taxes.

Section 1. Be it enacted by the Senate aud House of Represen-
tatives of the State of South Carolina, now m^t and slitting in Gen-
eral Assembly, and by the authority of the same, That the Comp-
troller General he, and he is hereby, authorized and directed to

Five mi 11^ for levy and cause to be collected a tax of five mill? on tiie dollar of
all taxable property in the State, to meet appropriations for the
fiscal year commencing November 1st, 1872.

Sec. 2. That the Comptroller General be, and he is hereby, au-
thorized and directed to levy, in addition to the general State levy

Two miUs for hereinbefore provided for, a tax of two mills on the dollar on all

school purposes. , ,, -lo n i n t i- \ i

the taxable property in the State, lor the support or public schools,

which shall be collected at the same time the general State levy is

„ . , . . collected and paid into the Treasurv of the State; the same shall

S:hool tax to i • '

be kept separate be the State School Fund, and shall be kept, by the State Treas-

- from other i ' j

funds. urer, separate aud apart from all other funds in his possession, and

Tobeusfdoniy shall, Under no circumstances, be used for other than school pur-

for school pur- *

poses. • poses.

Sec. 3. That the Comptroller General is hereby authorized and

required to levy aud cause to be collected, in addition to the levies

,, , authorized in the i)recedin2 Sections of this Act, a tax of five mills

Five mills for i •- '

dpfic'-nY of on a dollar, of all the taxable property in the State, to pay the de-
ficiency of the year commencing November 1st, 1871.

Sec. 4. That the' County Commissioners of each of the Counties

are hereby authorized to levy and cause to be collected a tax not

Three miiu for exceeding three mills on a dollar of all the taxable nropertv in

County putpo- . , , . i ^ /. -m • > i j • i' • i

fees. their respective Counties, except the County or rairheld, in which

Fairfield— one the Couuty Commissioners shall levy a tax of not more than one

muis. and one half (1>) mills, for the fiscal year commencing November

1st, 1872, said tax to include the highway tax for the said year.
Taxes-inwhat Sec. 5. The taxcs to be collected, in accordance with the pro-
moneys receiva. .^^jgj^^jg ^^ ^^tls Act, shall bc paid in gold and silver coin, in United
States currency, National Bank Notes and bilFs receivable of the
State.
Certain Acts Sec. 6. That all Acts or parts of Acts, Joint Resolutions or parts

and KesolutioDS n t • n i • • • -ii •• /7»1--ai

su-pended. of Joiut Kesolutions, inconsistent with the provisions or this Act,
be, and the same are hereby, suspended for the purposes of this
Proviso. Act only: Provided, That nothing herein contained shall affect any

I Joint Resolutions, passed at the previous sessions, looking to collec-
tion of a special tax for specific purposes for any County.

Sec. 7. That the Joint Resolution approved March 13, 1872, en-

OF SOUTH CAKOLIXA. 307

titlotl "Joint Resolution aiitlioriziii},' :iml directing tlie State iMndi- a.d, ht.'.

tor and Connty ConunirJsionens to levy certain taxes," be, and the certain Joint

same is hereby, repealed. R.«oiution re-
Approved December 20, 1^~'2.

AN ACT TO Make Appuopriation fou the Paymkntof On-i:- ^^- -'-^•

THIRD OF THE SaLARY AND MiLEAGE OP THE MeMBEPvS OF THE . ^

General Assembly', and theSalarif>s of the Surordinate
Officers^nd Employ'ees, and Other Expenses Incidental
Thereto.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assemblv, and by the authority of the same, That for the pay- Payment of

\ . , , 1 1 M ^ , /> 1 one-tbirdofsala-

nient of one-third of the salary and mileage of the members of the ry provided for.
General Assembly, and the salaries of the subordinate officers and
employees, and other incidental expenses, the sura of seventy-five Set^enty-five
thousand dollars, if so much be necessary, be, and the same is hereby, appropriated,
appropriated. '

Sec. 2. That the Clerks of the Senate and House of Repi'esenta- cg^k of rach
tives be, and they arc hereby, authorized and directed to furnish certlecatJ"/""''^
each member of the respective bodies a pay certificate for the
amount of one-third of his salary.

Sec. 3. That such certificates shall conform to the provisions of Certificates —

1 1 11 1 howcertifiedand

Section 23, Article 2, of the Constitution of the State, and shall be attesttd.
certified by the President of the Senate, and attested by the Clerk
of the SenatCj for all members of that body, and by the Speaker of
the House of Representatives, and by the Clerk of the same, for all
members of that body.

Sec. 4. That the subordinate ofliccrs and employees of the General Snbordinnte of-
Assembly shall in like manner be i'lirnishcd with pay certificates, in i.inyets - pny-
sui'h amounts as shall be iixed by that branch of the General As- de'd for.
sembly to which such officers and employees shall respectively be-
long: Provided, however, That the pay certificates for services ren-
dered'coramou to the two Houses, shall be signed by the President
of the Senate, and countersigned by the Speaker of the House of
Representatives.

Sec. 5. That the Treasurer is hereby authorized and directed to Treasurer to

.,.,.,, , . . 1 I • P^v certiflcntea

pay the said ccrtihcates at his counter prior to any other claim or m 'bid counter,
claims whatsoever, and to hold the certificates as his vouchers there-

308 STATUTES AT LARGE

A. 1>. 1ST

for ; arnl he is also autliorized and rffjuirc-cJ to retain in t'le Treasdrv
sufficient moneys from incoming taxes to meet the demands of such
orders or certificates.

Approved December 20, LsTli.

Iso. 221. AN ACT to Repeal an Act entitled "An Act to Provide

FOR A General License Law."

Section 1. Be it enacted by the Senate and House of Representa-
tives of the State of South Carolina, now met and sittitig in General
Ceneraiiicebse Assembly, and by the authority of the same, That the Act entitleil
aw repea e . „ j^^ ^^^ ^^ provide for a General License Law," approved March
When to take 13, A. D. 1872, be, and the same is hereby, repealed.

Sec. 2. That this Act shall take eflectfrora the first day of April,
A. D. 1873.

Approved December 20, 1872.

No. 222. AN ACT to Provide fok the Relinquishment to the United
States, in Certain Cases, of Titles to Lands for Sites of
Light Stations on the Coasts and "Waters. of this State. •

Section 1. Be it enacted by the Senate and House of Representa-
tives of the State of South Carolina, now met and sitting in General
M n e f h. -A-Ssembly, and by the authority of the same, That, whenever it shall
taininir titles for be made to appear to anv one of the Circuit Courts of this State,

lands Kr lieht . . '

^tlltions wii n uuou the application of any authorized agent of the United States,

owners are mi- ' ' ^ * ,

nor-, noc-rcbi- that the Said United States are desirous of purchasing any tract of

dents, etc. .,.,,...,". c-

land and the right of way thereto, within the limits ot this State,
for the erection of a light-house, beacon-light, range-light, buoy-
depot, or other buildings, needed for light-house purposes; and that
the owner or owners of said laud are unknown, non-residents, or
minors, or, from any other cause, are incapable of making a per-
fect title to said lands, or in case the said owners, being residents
and capable of conveying, shall, from disagreement in price, or any
Judge of Dir- Other causc whatever, refuse to convey the said lands to the United
Se notTcl o°f States, it shall be the duty of the Judge of the District Court in
rubll^iion. ^^ which the lands so designatetl to be purchased are situated, to

OF SOUTil CAROLINA. 309

onler notice of tlio saiil jipplicatioii to Ix- piiMislicil in some news- a. d. isva.

paper nvaivt^t to where said lands lie ; also in one news()aper pub- ''

liftlied in the eity of Columbia, once in each week, for the space of Noiin— what

four months, which notice sliall contain an accurate description of *** *"'"'""'•

the said lands, together with (he names of the owners, or supposed

owners, and shall rciiuirc all persons interested in (he saiil lands to

come forward, on a day to l)o specified in said notice, ami (lie their

objectioDs, if any they should have, to the proposed purchase ; and jurytohoem-

at the time speciiied in said notice, it shall be the duty of the said r.?^""'vriu*o"' %i

District Court to empannel a jury, in the manner now provided by "" "' '*'"■

law, to assess the value of the said lands at their fair market value,

antl all damage sustained by the owner of the lands so apprf)priated

bv reason of such appropriation ; which amount, when so assessed, Amount re-

' ' ^ ' ' 8'SHed ;inil costs

together with the entire costs of said proceedinfrs, shall be paid into *? ^^ v^d. into

'^ i- n > 1 County Trear.

• the County Treasury of the said County in which said proceedings "ry.
are had ; and thereupon the Sheriff of the said County, upon the Snerifr toex--
production of the certificate of the Treasurer of said County v. s.
that the said amount has been paid, shall execute to the United
States, and deliver to their authorized agent, a deed of the said
lands, reciting the proceedings in said cause, which said deed shall
convey to the said United States a good and absolute title to the said
lands against all persons whatsoever.

Si:c. 2. That the money so paid into the County Treasury sliall Disposition of

« > -1111 •! 1 rA. /* fnoudv SO paiii

there remain, until oi-dered to be paid out by a Court or competent in.
jurisdiction.

Skc. 3. That it shall be the duty of the Judge directing the money Treasurer to
to be paid to a County Treasurer, in accordance with the provisions whom approvc'Z
of this Act, to require of such Treasurer, a bond in double the
amount of money ordered to be paid by him, with two or more
sufficient sureties, to be approved by said Judge. Said bonds shall
be payable to the people of the State of South Carolina, for the use
and benefit of such persons, severally, as are entitled to said money.
Said bonds shall be executed and approved, and liled with the Clerk W't'i'i'^mcied
of said Court, before receiving said money.

Skc. 4. That in all cases of publication of notice under this Act, rionf of pui-
the Court shall require the same proof as in cases oi publication oi quireJ.
notice under the civil practice Act of this State.

Si:c. 5. That the jurisdiction of the State of South Carolina, is jurisdiction of

S C ci-.li'il

hereby ceded to the United States of America, over so much land
as may be conveyed to the said United States in the foregoing speci-
fied manner for lighthouse purposes: Provided^ That such juris-
diction is granted upon the express condition that the State of
South Carolina shall retain a concurrent jurisdiction with the United mncurrcntjurir.
States, in and over said lands, so far as that civil process, in all tei siuTes.

310 STATUTES AT LARGE

A.n. 18T3. ca.<;e.s not affecting the real or personal property of the United
States, and such criminal, or other process, as shall issue under the
authority of the State of South Carolina, against any person or
])crsons eliarged with crimes or misdemeanors, committed within
or without the limits of the said lands, may be executed therein, in
the same way and manner as if no jurisdiction had been hereby
ceded.
Linds ceded as ^^^- ^- That all tlic hiuds and tenements which may be granted
frTin'taxation!''' ^^ aforcsaid, to the United States, shall be and continue, so long as
the same shall be used for the purposes in this Act mentioned, ex-
onerated and disclnirgcd from all taxes and assessments, and otlier
charges whicli may be imposed under the authority of the State of
South Carolina.

Approved January 10, 1873.

No. 223. AN ACT to Incorporate the Irish Rifle Club, of Charles-
ton, S. C.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same. That James Arm-
CorpjratorF. gtrong, Janies J. Grace, D. O'Neill, A. G. Magrath, and all persons
who now are, or may hereafter become, members of the Irish Rifle
Club, of Charleston, S. C, be, and are hereby, constituted and de-
clared a body politic and corporate, by the name and style of the
Irish Rifle Club, of Charleston, S. C.

Corporate name. ^ec. 2. That the Said corporation, hereby created and established,
Powers and shall have succession of officers and members, according to its by-

priv.iegfs. laws, and shall have power to make all necessary by-laws, not re-

pugnant to the laws of the land ;' to sue and be sued, plead and be
impleaded, in any of the Courts of this State; and to have and
enjoy every right, power and privilege incident to such corporation;
and it is hereby empowered to take, hold, retain, possess and enjoy
all such property, real and personal, hs it may acquire by purchase,
right, devise or bequest, or in any other manner whatsoevei, and the
same, or any part thereof, to sell, alien, incumber, mortgage, or con-
vey at the will and pleasure of such corporation : Provided, Tiiat
the amount of property, real and personal, so held, shall not, at any
one time, exceed the sum of twenty-five thousand dollars.

Sec. 3. That this Act shall continue in force for the space of

OF SOUTH CAUOLINA. 311

fourteen years, ami until the meeting of the DextGeneral Assemhly
tliereafter, and that tiie same be taken and deemed a public Act,
and nniy be given in evidence without being specially pleaded.

Approved January K!, I'^^To.

A. 7). 18;3.

AN ACT TO Permit Samuel N. Anderson, of IIoury County, jfo. 224.
TO Adopt Samuel Lawson, and make Him His Laavful
Heir, and to Change the Name of Samuel Lawson to
Samuel N. Anderson, Jr.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That Samuel Samuei lw-

J ' •/. -J _ ' son's name

N. Anderson, of Horrv Countv, is hereby authorized and enipow- chantrei to An-
derson.
ered to adopt and make his lawful heir Samuel Lawson, and that

the name of the said Samuel Lawson shall be changed to Samuel

N. Anderson, Jr.

vSec. 2. That should the said Samuel N. Anderson die intestate, Made lawful

the said Samuel N. Anderson, Jr., shall inherit, in common with

the other lawfuf heirs of the said Samuel X. Anderson, his estate,

both personal and real.

Approved Januafy IG, 1873.

AN ACT TO Confer the RiGHTs of Legitimacy upon Theo- No. 225.
DouE Stark House and 1'owell House.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sittingin General Assembly,
and by the authority of the same, That all the rights of legitimacy sms of Jcs»e
be, and the same arc hereby, conferred upon Theodore Stark House m'^d! ^^
and Powell House, illegitimate sons of Jesse Ptouse, and that they
be considered legal heirs of their said father, as if born in lawful
wedlock.

Ajiproved January IG. 1873.

ol2 STATUTES AT LARGE

A. D. is7,i, ^YN ACT Ceding tiii: Jurisdiction of the State of South
Carolina to the United States of America over Certain
Lands IN THE County of Darlington, known as thk "Na-
tional Cemi:ti:ry."

No. 22G.

Section 1. Be it enac'ed by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
Jurisdiction ^^^^ Assembly, and by the autliority of the same, That the jurisdic-
clmetery^Sd 0^ ^^^^ ^t^^te of South Carolina is hereby ceded to the United States
to United saites. ^f America ovcr Certain lands situated in the County of Darlington,
and near the town of Florence, known as the " National Cemetery:"
Provided, Tliat the jurisdiction hereby ceded shall not vest until the
United States of America shall have acquired the title to the said
lands by grant or deed from the owner or owners thereof, and the
evidences of the same shall have been recorded in the office where,
by law, the title to such lands is recorded ; and the United States
of America are to retain such jurisdiction so long as such lands
shall be used for the purposes in this Act mentioned, and no longer ;
.Conditions and such jurisdiction is granted upon the express condition that the

upon which said "' , ^ ,. , ,, . . . ,. . . , ,

cemetery is ce- State 01 bouth Carolma shall retain a concurrent jurisdiction with the

ded. . . . .

United States in and over the said lands, so fjir as that civil pro-
cess, in all cases not affecting the real or personal property of the
United States, and such criminal or other process as shall issue
under the authority of the State of South Carolina, against any
person or persons charged with crimes or misdemeanors committed
within or without the limits of said lands, may be executed therein
in the same wav and manner as if no jurisdiction had been hereby
ceded.
Lands so c»ded gjrc, 2. That all luuds and tenements which mav be granted, as
taxition. aforcsaid, to the United States, shall be and continue, so long as the

same shall be used for the purposes in this Act mentioned, exone-
rated and discharged from all taxes, assessments and other charges
which may be imposed under the authority of the State of South
Carolina.

Approved January 16, 1873.

No. 227. AN ACT Providing for the Extension of the Ti.mi: for
the Payment and Collection of TAxra for the Fiscal
Year Commencing November 1, 1872.

Preamble. Whereas delay in the levy of certain taxes to meet appropria-

tions for the fiscal vear commencing November 1, 1872, has coutin-

OF SOUTH CAROLINA. 313

110(1 l)(>y()n<l tlie time [ircscribed by law for the coiiiineiu'einent of ^- ^- ^*'''-
tlie collection of the same, and the time for the payment of sai*! '*' ^ ""
taxes before penalties must attach is now unavoiilahly and nriu-
siially limited ; therefore,

/>« it enacted by the Senate and House of Rf])ir.-*iiit:iiiv<s of
the State of South Carolina, now met and sitting in (General As-
sembly, and by the authority of the same, That if any of the du-
ties required to be performed in an Act entitled "An Act provid-
ing for the assessment and taxation of property," or in any Act of TheComptroU
amendment thereto, on or before a certain day, by any officer or apin^.v^l't'r.be
person therein named, cannot, for want of proper time, be so per- ,?xien™*the time
iornied in the payment or collection of taxes to be levied to meet [nx(s'''fo'?'°as(»[
appropriations for the fiscal year commencing November 1, 1872, y"' ^^"-•
the Comptroller General, with the approval of the Governor, may
extend the time as long as may be necessary therefor.

Approved January IG, 1873.

AN ACT TO Amend Section 2, Chapter XXV, of the Gen- Ko. ^''^o
ERAL Statutes of South Carolina.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assemblv,
and by the authority of the same, That Section 2, of Chapter XXV,
of the General Statutes of South Carolina, be amended as follows,
viz: That Trial Justices shall be distributed as the convenience of
the several Counties requires, and the number in commission shall Number of
not exceed, in Abbeville, thirteen ; Aiken, ten; Anderson, sixteen ; L"h"'"^coumf
Barnwell, eight; Beaufort, thirteen; Charleston, twenty-four ; '^""^""*''^"
Chester, eight ; Clarendon, six ; Colleton, twelve ; Chesterfield, five ;
Darlington, ten; Edgefield, twelve ; Fairfield, eight; Georgetown,
ri-ht; Greenville, nine; Horry, eleven; Kershaw, nine; Lan-
caster, nine; Laurens, seven; Lexington, nine; Marion, ten;
Marlboro, six ; Newberry, six ; Oconee, nine ; Orangel)uro-, ten ;
Pickens, eight ; Richland, twelve ; Spartanburg, thirteen; Sumter,
eight; Union, eight; Williamsburg, ten ; York, twelve.

Approved January 2o, 1873.

314 STATUTES AT LARGE

A. I). 1P73. ^jq- ACT TO Amend Section 12, Chapter CIII, of the Gene-

^"— ~^Crr' I'AT. Statutes of South Caholixa.

No. 229.

Be it enacted l)y tlie Senate and House of Kej)resentatives of the
State of South Carolina, now met and sitting in General A.sseinhly,
and by the authority of the .same, That Section 12, Chapter CIII, of
rrovijJa for?*'' the General Statutes of South Carolina, be amended by adding
after the word " dollars," in line fifioen, these words: "or be im-
prisoned for a period not less than one month, nor more than (jne
year, at the discretion of the Court."

Approved January 25, 1873.

No. 230. AN ACT to Fix the Time of Holding the April Term of

the Supreme Court,

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the Same, That hereaf-
Aprii Term to tet the April Term of the Supreme Court shall commence on the

lOmmence on ... ,

third Tuesday of third lucsday 01 April in each year.

Sec. 2. That all Acts or parts of xicts inconsistent with this Aft
be, and the same are hereby, repealed.

Approved January 25, 1873.

commence

third

April

No. 2B1. AN ACT to Empower the Supreme Court to Frame Issues
AND Direct the Same to be Tried in the Circuit Court,
AND TO Order Referees in Certain Cases.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
supreme Court, ral Assembly, and l)y the authority of the same, That whenever, in
rssues™"^ '^'^™^ the course of any suit, action or proceeding in the Supreme Court,
arising in the exercise of the original jurisdiction conferred upon
the Court by the Constitution and laws of the State, an issue of fact
shall arise upon the pleadings, or whenever an issue of fact shall
arise upon a traverse to a return in maiidamus, prohibition or cer-

OF SOUTH CAROLINA. ;]]5

tiorari, or whonevtr the (leti'rrninalioii of any qiieslinii of fact sliall ^- "• ^''""•
1)0 necessary to the full exercise of the jurisdiction conferred on the '-^^^""^-'
Huprcme Court, the said Court shall have power to frame an issue
therein, and ccftify the same to the Circuit Court for the County
wherein the cause shall have orij^inated, or, in cases of original ju-
risdiction, to the Circuit Court of the County in which the cause of
action shall have arisen.

Sr:c. 2. That upon receiving the certificate of such issue framed, <;»«■<:<»•* Court to

1 " ' place iHsiie at

from the Supreme Court, the said Circuit Court shall forthwith 5*""^ "' Caien-

* _ diir, try siaine,

cause the same to be placed at the head of the appropriate calendar ^"•^ certify de-

^ . termination to

or docket of said Court, and ])roceed to try and determine the said Supreme Court,
issue in its due order, and shall certify the determination thereof to
the Supreme Court immediately after the trial thereof, and, when
required, shall settle and sign a case, or a case containing excep-
tions, according to the practice in other causes tried in the Circuit
Court.

Sec. 3. That the Supreme Court shall also have tlie same powers Supreme Court
for the appointment of Referees to take testimony and report Referees "to ^ake
thereon, under such instructions as may be prescribed by the said *" '™°°''"
Court, in any causes arising in the Supreme Court, wherein issues of
fact shall arise, as are now possessed by the Circuit Court of the
State.

Approved January 25, 1873.

AX ACT Authorizing the Attorney General to Commence Xq. 232.
Proceedings against the Commissioners of the Sinking
Fund.

"Whereas, an Act of the General Assembly of South Carolina,
approved ]March 1, 1870, entitled "An Act to provide for a Sinking
Fund and the management of the same," did create a Sinking Fund
Commission, with certain powers and duties, to dispose of certain
real estate, a.ssets and effects belonging to this State, not in actual
jiublic use, etc.; and whereas large sales have been made, and large
amounts realized by the said Commissioners ; and whereas the said
Commissioners have failed, as by law they are required to do, to
make an annual report to the General Assembly of the condition of
the Sinking Fund, and all sales and other transactions connected
therewith ; therefore,

Section!. Be it oiacicd by the Senate and Iloust' of Kejiresen-
tatives of the State of South Carolina, now met and sitting in Gene-

Preamble.

316

STATUTES AT LARGE

A. D. 1873.

Attorney Gtn-
fral to InMtitiite
proccedingH
iii^inst Coni-
inissioniTS Siuk-
ing Fuud.

To compel them
to make report.

Penalty fo
neglect cr re
fiisal to report.

Attorney Gen-
eral may em-
j.'loy as3u>tancu.

ral Assembly, and by the authority of the same, That the Attorney
General be, and he is hereby, authorized and directed to institute,
immediately upon the pus-sage of this Act, such proceedings as will
cause the Commissioners of the Sinking Fund, created un<ler an Act
entitled "An Act to provide for a Sinking Fund and the manage-
ment of the same," approved March 1, 1870, to make a full and
complete report to him of the condition of the Sinking Fund, and
all sales or other transactions therewith, and all revenues derived
from such sales, and how the proceeds of the same have been applied
to the e.\tinguishment of the public debt by investment in the public
securities of the State.

Sec. 2. That should the said Commissioners of the Sinking Fund
fail or refuse to make a full and complete report of all their trans-
actions in offi.-e to the Attorney General within ten days from the
passage of this Act, the Attorney General is then authorized and
directed to commence at once such legal process against the said
Commissioners of the Sinking Fund as will best protect the interest
of the State.

Sec. 3. That the Attorney General be, and is hereby, authorized
to employ such assistance as he may need in defending the interest
of the State by the prosecution of the said Commissioners of the
Sinking Fund.

Approved January 25, 1873.

>'o. 233. AN ACT to Change the Name of Elmira McNary Speers
TO Elmira McNary Richie, and to Permit Curti.s M.
Richie, and his wife Sarah V. Richie, to adopt hek,

AND MAKE HER THEIR LAWFUL HEIR.

Preamble.

Whereas the said Curtis M. Richie, and his wife, Sarah V.
Richie, desire to adopt the said Elmira McNary Speers, who is a
minor, as their own child, to confer upon her their own surname,
and to make her their lawful heir; and Andrew S. Speers, the
father of said minor, consents thereto ; therefore.

Section 1. Be it enacted by the Senate and House of Represent-
Eimiro Mc- ativcs of the State of S<^)uth Carolina, now met and sitting in Gen-
nanie ^changed ^^al Assembly, and by the authority of the same, That the name of
toKichie. Elmira McNary Speers be changetl to Elmira McNary Richie.

Sec. 2. That the said Elmira McNary Richie shall hereafter be
„ ^ 1 f 1 deemed a lawful heir of the said Curtis M. Richie, and his wife,

jlade lawiiu

heir. Sarah V. Richie, and shall, upon the death of them, or either of

OF SOUTH CAKOLINA. 'M7

tluMii, iii-oviiK'tl tlioy tlio iiilcstatf, iiiln rit, llu; property of tlu'in, or
either oftlinn, as if she witc tlit.ir uwii cliiM.

Approvt'tl January 2"), 187-5.

A. I). 1873.

AN ACT TO AMEND AN AcT ENTITLED " An AcT TO PiJOVIDE No. 2.34.

FOR THE Election of the Officers of the Incorporated
Cities and Towns in the State of South Carolina."

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same, That Section 3 of an Act cnti- "Six '•insert-
" . , „ , . /. 1 /v. ,, , . ed in lieu of

tied "An Act to provide for the election oi the otncers ot the in- "Bevpn" and
corporatod cities and towns in the State of South Carolina,' be
amended on line three, as follows: Strike out "seven" (7) and
•' five" (5), and insert "six" (G) in lieu thereof.

Approved January 25, 1873.

' five.

AN ACT TO Change the Names of Alice Bright and Thos. >^'q 235.
Bright, and to make them and Isabella Catharine
Lyles, Wife of Joseph R. Lyles, the Legal Heirs of
Eijenezer AV. Goodwin and Wife, Lucy Ann Goodwin.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General A.sserably,
and by the authority of the same. That the names of Alice Bright Alice and Tho« .
and Thomas Bright be changed to Alice Goodwin and Thomas J'^*^^';,^^"^
•Goodwin; and that they and Isabella Catharine Lyles be declared Gooaw.u.
the legal heirs of Ebenezcr W. Goodwin and wife Luov Ann Good-

.Vpproved January 25, 1873.

AN ACT to Incorporate Tin; Palmetto State Rifle Club, No. 236.
OF Charleston, S. C.

Section 1. Be it enacted bv the SenntR and House of Represen-
tatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That Joseph corpomtcrs.

318 STATUTES AT LARGE

A.I). 1.S73. Green, Joseph Kobinson, Alexander Cross, Kix AVilter, Henry Fea-
vers, Paul 1*. Brown and Charles Jaekson, and their associates and
siiceessors, are hereby made and ereated a body i)oliti<- and corpo-

Corpoiiite name. •• •' ' *

rate, under the name and style of the Palmetto State Rille Club, of
Charleston, S. C.

Sec. 2. That the said corporation, liereby created and established,
shall have succession of oflicer.s and menil>ers, according to its by-
Powers ana laws, and shall have power to jnake by-laws not repugnant to the
law.s of the land ; and to have, u.se and keep a common seal, and
the same to alter at will ; to sue and be sued, in any Court of this
State, and to have and enjoy every right, power and privilege inci-
dent to such curj)oration ; and it is hereby emjjowered to take, hold,
retain, possess and enjoy all such property, real and pergonal, a.s
may be given, bequeathed or devised to it, or may be, in any man-
ner whatsoever, acquired by the said corporation : Provided, The
amount so held shall not exceed the sum of ten thou.-and dol-
lars.

Sec. 3. That this Act shall be deemed and taken to be a public
Act, and shall continue and be of force until repealed.

Approved January 25, 1873.

]^o. 237. AN ACT to Incorporate the National Zouaves, of Cuarles-

TON, South Carolina.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
Corporators. General Assembly, and by the authority of the same, That Edward
G. Hotlraan, D. W. Ervin, N. K. Reed, A. J. Jaeger, C. S. Sur-
rau, W. W. Simmons, R, C. Earkley, and the several persons who
now are, or may hereafter be, officers and members thereof, and*
their successors, officers and members, be, and they are hereby de-
clared to be, a body politic and corporate, by the name and style of

corroratename. ^^^ "National Zouaves, of Charleston," and that they, the said

corporation, may, by its corporate name, sue and be sued, implead

Powers and ^^^^ ^^ impleaded in this State; and shall be able and empowered,

pnviitees. jjj j^^^^ ^^ purcluise, luive, hold, enjoy and possess any goods, chat-

tels, lands, tenements, or real estate, of whatever kind and nature
soever, and tlie san:e, and any part thereof, to sell, alien or convey
at their will and pleasure : Provided, however. That the property so
held shall not exceed the annual value of ten thousand dollars ;
and the said corporation shall have power to make a common
seal, with power to change and alter the same as often as they shall
deem necessary.

OF SOUTH CAROLINA. 'iV.)

Sec. 2. That this Act shall be deemed and taken to he a pnblic ^- ''• '^"^■
Aft, and shall continue in force until repealed. ~''~

Approved Januhry -;"), 1^1 -^>.

AN ACT TO IxcoRroRATE THE Lincoln Light Infantry, of No, 238.
Charleston, South Carolina.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen- corporators,
eral Assembly, an«r by the authority of the same, That James J.
Young, Eli Gaskins and S. T. Lamar, and their suecessors and as.
sociates, be, and they are hereby declared to be, a body politic and conwrate name,
corporate, by the name and style of the Lincoln Light Infantry, of
Charleston, South Carolina.

Sec. 2. That the said corporation shall have the power to use and
keep a common seal, and the same to alter at will; to make all nee- privii^^^^'^*'"*'^
cssary by-laws not repugnant to the laws of the land ; and to have
succession of officers and members conformable to such by-laws; to
sue and be sued, plead and be impleaded, in any Court of this State*
and to have, use and enjoy all other rights, and be subject to all
other liabilities incident to bodies corporate.

Sec. 3. This Act shall be deemed and taken to be a public Act,
and shall continue in force until repealed.

Approved January 25, 1S73.

AN ACT TO Incorporate the Bowen Rifleman Company, of j^o. 2;5'.>.
THE City of Charleston.

Section 1. Beit enacted by the Senate and House of Represen-
tatives of the State of Soutli Carolina, now met and sitting in Cren-
eral Assembly, and by the authority of the same, That Joso})h J. corpomtors.
Grant, Francis McNeil, Joseph C. McNeil and John Ilduston, an<l
their successors in oflice, be, and they are hereby, constituted a body
corporate and politic, under the name and style of the "Bowen Corporate name.
RillLMuun Company," with a capital stock not exceeding five thou-
sand dollars ; with the right to sue and be sued, to plead and be

320 STATUTES AT LARGE

A. D. 1S73. 'iniplcaded, in jiiiy Court of coiupeteut jurisdiction ; to have and to
S^ , use a conunon seal, and the earae to alter and amend at will atid

P0WCI8 und

prmieg<?f. pleasure, and with all other rijrhts, j)rivilege.s and inimunilie.-; that

arc now secured by law to like incorporate bodies.

Sec. 2. That this Act shall be taken and deemed a pulilic Act, to
be taken in evidence without being specially i)leaded, and to con-
tinue in force until repealed.

Approved January 25, 1873.

Xo. 240. AN ACT to Incorporate the Irish Volunteer Rifle Club,

OF Charleston, S. C.

Section 1. Be it enacted by the Senate and House of Represen-
Corporators. tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same. That Francis L.
O'Neill, Philip Fogarty, Thos. E. Hogan, D. AV. Erwin,and Robert
F. Toughey, of Charleston, S. C.,and their associates and successors in
office, be, and they are hereby, constituted and declared a body cor-
porate and politic, under the name and style of the Irish Volunteer

Corporate rame. ^.^^ ^^^^^ ^^^ Charleston, S. C.

Sec. 2. That the said corporation, hereby created and established,
shall have succession of officers and members according to its by-
Powers and l^ws ; and shall have power to make all necessary by-laws, not re-
pnviieges. pugnant to the laws of the land ; and to have, use and keep a com-

mon seal, and the same to alter at pleasure ; to sue and be sued, plead
and be impleaded, in any of the Courts of this State ; and to have, use
and enjoy all other rights, powers and privileges, and be subject to
all other liabilities, incident to bodies corporate; and it is hereby
empowered to take, retain, possess and enjoy all such property as it
may acquire by purcliase, right, devise or bequest, or in any other
manner whatsoever, and the same, or any part thereof, to sell, mort-
gage or convey at the will and pleasure of such corporation: Pro-
vided, That the value of property, real and personal, so held, shall
not exceed'twenty thousand dollars.

Sec. 3. That this Act shall be taken and deemed a public Act,
and shall continue in force until repealed.

Approved January 25, 1873.

OF SOUTH CAROLINA. 321

A. D. 1ST3.

AN ACT TO Makk ArpuoruiATioN fok thk Paymkxt of the
Balance of tjik .Salauy of tjii: Mkmukks of the Geneual
Assembly, Salaries of Subokdinate Officers ani> Em-
ployees, AND the Expenses Incidental Thi:i:eto.

Ko. 241.

Section 1. 7>e it enacted by the Senate and Hou.se of Repre-
sentatives of the State of South Carolina, now met and .fitting in
(!reiieral Assembly, and by the authm-ity of the same, That for the pr,„teJ hr^Mi-
paymtnt of the balance of the salary of the members of the Gen- *"*=*" *'"*'
eral A.«seaibly, salaries of subordinate officers and employees, and
incidental expenses, the sum of one hundred and thirty-five thou-
sand dollars be, and is hereby, appropriated.

Sec. 2. That for the payment of the current printing of this session ^50,000 for mr-
of the General Assembly, the sum of fifty thousand dollars be, and '^'i' i'""""^'-
the same is hereby, appropriated, to be expended in accordance
with an Act to provide for the publication of the Acts, Reports,
Resolutions, Journals and other papers of the General Assembly.

Sec. 3. That the Clerks of tlie House of Representatives and cierk^ to fur.

, , , , , 1 • 1 IT 1 i.' • 1 "'*h certificates

Senate be, and they are hereby, authorized and directed to lurnisn for taUnce oi
to earh member of their respective bodies a pay certificate for the
amount of salary remaining unpaid. /

Sec. 4. Tfiat the subordinate officers and employees of the Gen- paympnt of .pub-
eral Assembly shall, in like manner, be furnished with pay certifi- **' "»"«° """•
cates in such amount as shall be fixed by that branch of the Gen-
eral Assembly to which such officers and employees shall respec-
tively belong: Provided, however, That the pay certificates for ser-
vices rendered, common to the two Houses, shall be signed by the
President of the Senate, and countersigned by the Speaker of the
House of Representatives.

Sec. 5. That such certificates shall conform to the provisions of Ctrtificntes-
Section 23, Article XI, of the Constitution of the State, and shall ^5" "'■V^./'r'T

' ' ncd and attested.

be certified by the President of the Senate, and attested by the
Clerk of the Senate, for all members of that body, and by the
Speaker of the House of Representatives, and by the Clerk of the
same, for all members of that body.

Sec. (3. That the Trea.<urer is hereby authorized and directed to Tr^surer to
pay the said certificates at his counter prior to any other claim or tor.
claims whatsoever, and to hold the certificates as his vouchers
therelbr ; and he is also authorized and directed to retain in the
Treasury sufficient moneys from taxes to meet the demands of such
orders and certificates.

Approved January 28, 1873.-

322 STATUTES AT LARGE

No. 242.

A, p. 1873. j^j^ ACT TO Require State AND County Officers Elected
BY THE People to Qualify within Thirty Day.s after Re-
ceiving Official Notification Thereof.

Section 1. Be it enacted by the Senate and House of Reprt'sen-
tative.s of the State of South Carolina, now met and .^itiiug in
General Assembly, and by the authority of the same, That from
officArstoqli^iify the passagc of this Act, it shall be the duty of each and every State
daj-s'.** "^'^ and County officer elected bythe people to qualify within thirty
days after receiving official n(jtification thereof; and upon the filing
of such bond, and qualifying according to law, he shall enter upou
the duties of said office.
Upon failure ^^^- ^- ^^ ^"y <^fficer, elected by the people, shall fail to qualify
forliu^d?' "^^^ ^°^ ^°^^^ "PO'^ ^^® ^^*''^^ ^f ^'^ ^ffi<^'^' ^s required by the provis-
ions of this Act, he shall forfeit the office to which he shall have
been elected, and the Governor i.s hereby authorized to order an
election, to be holden within ninety days, to fill the vacancy.

Sec. 3. All Acts or parts of Ac^ts inconsistent with the provis-
ions of this Act are hereby repealed.

Approved January 29, 1873.

No. 243. A^ ACT to Allow William H. Wynxs to Change his Name.

Pieambiei Whereas William H. Wynns, of Anderson County, has, by his pe-

tition, properly attested, signified a desire that leave be granted
him, by the General Assembly of this State, to change his name to
Wm. H. Brockman ; therefore,

Be it enacted by the Senate and House of Representatives of

the State of South Carolina, now met and sitting in General

Assembly, and by the authority of the same, That William

Wm.H.Wynns' |.j^ Wyuus, of Audersou County, be allowed to change his name to

same changed to -' ' -' ' '

lockman. William II. Brocknian ; and that, from and after the passage of this
Act, the said William H. Wynns shall be known and called
William H. Brockman.

Approved January 29, 1873.

No. 244. AN ACT to Extend the Time foe Officers to Qualify.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That all officers

OF SOUTH CAROLINA. 323

elected at (lie ircent election lie, and tlicy are hcreliy, allowed a. d. i.s73.
twenty days Inmi the passage of this Act to qualify and enter upon -i-j,,,,. f„r ,,uai.
the duties of their respective offices; and on failure to qualify within [(JeJ^^y ^"^y^"''***
the specified time, their respective offices shall be declared vacant
by the Governor.

Sec. 2. That this Act .shall take eflect on and after its passage.

•Approved January 20, 187.'>.

AN ACT TO Change the Name of Henry Hash to Henry No. 245.

Hash Shiver.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
ami by the authority of the same. That the name of Henry Hash, iienry Hash'-.

, „ , i> ^ 11 "111 1 nanie changed to

an orphan niteeu years oi age, be, and the same is hereby, changed shiver,
to Henry Hash Shiver.

Approved January 29, 1873.

AN ACT TO Amend an Act Entitled " An Act to Grant, No. 240.
Renew and Amend ^he Charters of Certain Towns
and Villages therein Mentioned."

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That Section 2 of an Act entitled "isvs" inserted

. ' 1111 ,, . 1 ialic'uoC'lSil."

All Act togrant, renew and amend thecliarters ot certain towns and '

villages therein mentioned," l)e, and the same is hereby, amended by
striking out, on the -Ith line, the words "on the 4th Monday in %

]March, 1.S71," and insert the words ''on the fourth ]\[ouday of
April, l<S7;l"

Approved January 2!>, l.H7.'J.

324 STATUTES AT LARGE

A. D. 1873. ^j^ ACT Rkquiring a Bond fkom County Commissioners, Be-

7! ^ "~ FORE Entering i ton tiii: Duties of Their Office.

;No. 24 1.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of Si)Uth Carolina, now met and .titling in Gen-

sonerJ to^^.Ve eral Assembly, and by the authority of the same, That the County

Commissioners shall, before entering upon the duties of their office,

be, and they are hereby, required to give a bond for the use of their

Amount respective Counties, in the penal sum of two thousand dollars each,

with three good and sufficient sureties, to be approved by the Ck-rk

proved. "* ^ of Court of their respective Counties, conditioned upon the faithful
and impartial performance of the duties of their office : Provided,
That the County Commissioners of Charleston County .shall furnish
a bond, as hereinbefore provided, in the penal sumof ten thousand
dollars each ; and the County Commissioners of the Counties of
Beaufort, Jjarnwell and Richland shall furnish a bond of five ttiou-
sand dollars each, as hereinbefore provided: Provided, farther, That
this Act shall not be in force until on and after the next general
election of County Commissioners.

Sec. 2. That all Acts or parts of Acts inconsistent with this Act,
are hereby repealed.

Approved January 29, 1873.

Proviso.

No. 248. AX ACT to Repeal Sections Five, Six and Seven, of Chap-
ter Eighty-three of the General Statutes of South Cai:-

OLINA.

£e it enadtd by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assem-

sections 5, c blv, and by the authority of the same, That Section five, Section

Lxxxiii.^'re- six and Section seven, of Chapter eighty three, of the General

^*^* ■ Statutes of South Carolina, be, and the same are hereby, repealed.

Approved January 29, 1873.

Xo. 249. A^ ACT to Fix the Time for the Holding of the Circuit
Courts in Certain Counties herein mentioned.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-

OF SOUTH CAROLINA, 325

ral Assenilily, and l)y tlic autlioiily of the Bumo, That from ami -^-i' i'*:-
ai'tcr tho passajfo (jf this Act, the Circuit Onirts in the Sixth Cir- „. , . ,,
fuit shall be held as follows: ing Courts.

1. Tiie Court of General Sessions, at Chester, for the County of
Chester, on the first Monday of January, and on the third Monday Chpstpr—
of March and September; and the Court of Common Pleas, at Senion-.
Chester, for the County of Chester, on the first "Wednesday after the Court Common

, , Pleas.

first ^Monday of January, and on the first Wednesday after the
third Monday in March and September.

2. The Court of General Sessions, at Yorkville, fur the County

of York, on the second IMonday of January, and on the first Mon- Vo.k-

Court (jencral

day of April and October; and the Court of Common Pleas, at s.s»ions
Yorkville, for the County of York, on tdie first Wednesday after the Court Common
second iSIonday of January, and on the first Wednesday after the
first Monday of April and October.

'?. The Court of General Sessions, at Lancaster, for the County
of Lancaster, on the third Monday of January, April and Octo- coun otnTmi
ber; and the Court of Common Pleas, at Lancaster, for the County ^-^^""'b.
of Lancaster, on the first Wednesday after the third Monday of p{;°"'^"^°'""*>'*
January, April and October.

4. The Court of General Sessions, at Winnsboro, for the County
of Fairfield, on the fourth ]\Ionday of January, and on the first cmm^^oenerai
Monday of May and November; and the Court of Common Pleas, ^-*'"'"^-

Coiirt Common
leaa.

at AVinnsboro, for the County of Fairfield, on the first Wednesday j,
after the fourth Monday of January, and on the first Wednesday
after the first ISIonday of May and November.

Sec. 2. In the Second Circuit, the Court of General Sessions at Ai- Aikpn-
ken, for the County of Aiken, the first Monday of January, ^lay and seHlors^*""*^
September ; and the Court of Common Pleas, at Aiken, for the Countv r^ ./>

' - court Oomnion

of Aiken, on the first Wednesday after the second Monday of Jan- ^''•=^^-
uary, May and September.

Sec. 3. In the Third Circuit, the Court of General Sessions shall ■vriiiiam,v.urir -
be held at Kinji:stree, for the County of AVilliamsburir, on the first Ses^ioLs.
^Monday after the fourth Monday of January, May and October ;
and the Court of Common Pleas shall be held at Kingstree, for the pfc^" ^*'"'°*"*
County of AVilliamsburg, on the first Wednesday after the first Mon-
day after the fourth ]\Ionday of January, May and October.

2. The Court of General Sessions, at Conwayboro, for the County ijorry-
of Horry, on the first Monday after the fourth Mon<lay of Feb- Se«ions.
ruary, June and October; and the Court of (■ommon Pleas, at Con- ^CnurtCommm
wayboro, for the County of Horry, on the first Wednesday after the
fourth Monday of February, June and Octttbor.

rionit.

326 STATUTES AT LARGE

A. 1). 18T3. Sec. 4. The Cirouit Courts in the Seventh Circuit shall he held

V '- as follows :
Newberry- J, The Couft of General Sessions, at Newberry, for the County of

Court GenernI •'

Sessions. Newberry, on the tliutl Monday of January, May and November;

Court Common and the Court of Common Pleas, at Newberry, for the County of
Newberry, on the lirst Wednesday after the third Monday of Jan-
uary, May and November.
Liurens- 2. The Court of General Sessions, at Laurensville, for the County

se&aons. " of Laurens, on the third I\Ionday of February and June, anrl the
Conricommon first Monday after the fourth Monday in November; and the Court
'"**■ of Common Pleas, at Laurensville, for the County of Laurens, on

the first Wednesday after the third ^londay of February and June,
and on the first Wednesday after the first Monday after the fourth
Monday in November.
Union- 3- The Court of General Se-sions, at Unionville, for the County

seSions.^""*"' of Union, on the third Monday of j^Iarch, June and September ; and
Court Common the Court of Comiuon Pleas, at Unionville, for the County of L'nion,
^^^^' on the first Wednesday after the third Monday of March, June and

September.
Spartanburg;— "i- The Court of General Sessions, at Spartanburg, for the County
SeSionL^"""^' of Spartanburg, on the first Monday after the fourth Monday iu
Court Common ^I*^^<^"'^ ^"*^^^ J"l^' ^"^ ou the third Monday in October; and the
Pleas. Court of Common Pleas, at Spartanburg, for the County of Spar-

tanburg, on the first Wednesday after the first Monday after the
■ fourth Monday in March and July, and on the first Wednesday
after the third Monday in October.
^ . , Sec. 5. That all writs, summons, recognizances and other pro-

Wnts, &c., ' c 1

hereto fo re cesscs, of whatever kind, returnable to the Courts of General Ses-

retumable fo '

Courts, returna- gions and Commou Pleas, in the Counties above named, be, and the

ble under this i i i •

Act. same are hereby, made returnable to the Courts held in pursuance

of the provisions of this Act, in the same manner as if they had
been issued or taken in reference thereto.

Sec. G. That all Acts or parts of Acts inconsistent with this Act,
or repugnant thereto, be, and the same are hereby, repealed.

OFFICE SECRETARY OF STATE,

Columbia, S. C, February 4, 187;i
The foregoing Act having been presented to the Governor of this
State for his approval, and not having been approved or returned
by him to that branch of the General Asseml)ly in which it origi-
nated, within the time prescribed by the Constitution, has bt-come a
law without his approval.

(Signed) H. E. HAYNE,

Secretary of State.

OF SOUTH CAROLINA. 327

AN ACT TO Incori'okatk tmi: Daim.incton AcurcuLXURAL and v " ' 'J\
Mechanical Fair Comi-any. j^q 2r)0.

Section 1. Be it enacted by tlie Senate and IIou.se of Represen-
tatives of the State of South Carolina, now met and sittinj]; in Gen-
eral As*oml)ly, and by the authority of tiie same, That James L. corporator«.
Coker, Thomas P. Lide, John G. !McCall, J. F. Earley, John W.
Williamson, L. K. Ragsdalc, F. M. Rogers, R. W. Boyd, Junius A.
Law, S. A. Gregg, E. R. JNIcIver, Lucas jNIcLitosh, and their suc-
cessors in office, and associates, be, and they are hereby, constituted
a body politic, under tiie name of the Darlington Agricultural and Corporate name,
^[echanical Fair Company, with a capital stock not exceeding four powers and
thousand dollars, in shares of ten dollars each, with the right to sue p"^'*'''*^-
and be sued, to plead and be impleaded, in any Court of competent
jurisdiction, to have and use a common seal, and the same to alter
at will and jdeasure, to purchase and hold real estate or other pro-
perty, and with all other rights, privileges and immunities that are
no\r secured by law to incorporate bodies of like character: Pro-

• 7 7 rni 1 11 1 ^1 Liability of

viaed, inat the real and personal property of each corporator shall corporators."
be liable for the debts of said corporation or assigns in any amount
not exceeding the par value of the stock held by him.

Sec. 2. That this Act shall be deemed a public Act, and continue
in force until repealed.
«

Approved February 11, 1873.

AN ACT TO Incorporate the Union Assembly Society, of No. 2.")1.
Charleston, South Carolina.

Section 1. J]e it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sittino- in
General Assembly, and by the authority of the same, That John corpomtor..
L. Fenwick, Edward N. Corbett, James L. Johnson, Joseph Grant,
Daniel ]\[iddleton, their associates and successors, are hereby made
and created a body politic and corporate, under the name and style Corporate name,
of the " Union Assembly Society, of C'harleston, South Carolina."

Sec 2. And said corporation shall have power to make by-laws, rowers and
not repugnant to the laws of the land, and shall have succe.iion of '''"'''■^*-
officers and members according to their election ; and to keep and
use a common seal, the same to alter at will; to sue and be sued
in auy Court in this State; to have and enjoy every right, power
and privilege incident to such corporations; and it is herebv em-

528

STATUTES AT LARGE

A. T). 1873.

Mny

niouevs.

Proviso.

powered to acquire, retain and enjoy all ."iicli property, real and
])L'rsonaI, as may he given or becpieathed to, or purehased I>y it,
and to sell, convey or mortgage the same, or any part thereof, at
will.

Sec. 3. That said corporation may, from time to time, invest
moneys, assets or any j>r(»p{!rty whieli it may acquire, in such real
and personal property, bonds, stocks, or in sureties, in such sums,
and on such terms and conditions, as it may deem proper, and to
execute bonds, &c., under its corporate seal : Provided, That the
maximum value of all property held and owned by said corpora-
tion shall not exceed twenty-five thousand (25.000) dollars.

Sec. 4. This Act shall continue in force until repealed, and may
be given and taken in evidence without being especially pleaded.

Approved February 12, 1873.

No. 252. AN ACT to, Incorporate the Harmony Circle, of the City

OF Charleston, S. C.

Corporatois

Corporate came

Powers and
privileges.

Section 1. Be it enacted by the Senate and House of Representa-
tives of the State of South Carolina, now met and sittinjj in Gone-
ral Assembly, and by the authority of the same, That M. Israel,
L. H. Cohen, J. W. Goldstein, J. J. Loeb, Lewis Elias, L. Drucker,
and B. Rice, and their associates and successors, be, and they are
hereby, created a body politic and corporate, under the name and
style of "The Harmony Circle, of the City of Charleston."

Sec. 2. That the said corporation, hereby established, shall have
succession of officers and members, according to its by-laws, and
sliall have power to make by-laws not repugnant to the laws of the
land; and to have, use and keep a common seal, and the same to
alter at will ; to sue and be sued, in any Court in this State; an<l to
have and enjoy every right, power and privilege incident to such
corporation ; and it is hereby empowered to take, hold, retain,
possess and enjoy all such property, real and personal, as may be
given, bc'iueathed or devised {o it, or may be acquired by jnirchase,
or in any other manner, by said corporation.

Sec. o. That the said corporation n)ay, from time to time, invest
dispose^^of ^ijgjp funds, moneys, assets, and all other property which it may
acquire, in such real or personal property, stocks, public or private,
notes, bills, bonds, with or without security, by mortgage of real
or personal property, or by surety, in such sums, and on such terms
and conditions as it may deem proper; and it shall and may be

May

und

proper .
and pergonal.

OF SOUTPI CAROLINA. ' 320

huvful for said corporatinn. (Vdih liiiic lo time, and at all times, to a. i>. isrs.
^ell, convey, njdrti^ajfe, assigi) or tran.sllr iiny or nil uf" its property,
real and i)ersonal, as and when it may deem jjropcr and expedient,
and to make and execute bonds, under the corporate seal, with or
without mortgaire, for the purehase of real or personal prdjjerty.

8i;c. 4. That the members of said Society hereby incorporfited Liaiiiity of
shall be individually liable for the debts of said corporation, each ™ember8.
member to the extent of one year's annual arrears, which the said
nieml)er may owe to the corporation, according to its by-laws, in
the year in whieh he may be sued for said corporation debt; but
such liability shall not attach until the corporation shall have been when to attach,
sued, and nulla bona returned on execution in such suit.

Six. 5. That this Act shall be taken and deemed a public Act,
and may be given in evidence without being specially pleaded.

Approved February 12, 1873.

AN ACT TO IxcoRPORATE THE Mariner's Chapel; OF Charles- No. 253.

TON County.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That the Mari- Miriner'^
ner's Ohapel, of Charleston, in this State, is hereby incorporated, rateS^ ""'°'^''
with all the rights and privileges awarded to religious denominations
in this State.

Sec. 2. That the said Mariner's Chapel, of Charleston, mav ac-
quire lands within this State lO'* religious and educational purposes, lands tor certain

1111 11 . purposes.

and regulate and govern the same as they may deem proper, in ac-
cordance with their laws and discipline, such laws not being incon-
sistent with the laws of this State.

Sec. 3. That this Act shall be deemed a public Act, and shall
continue in force until repealed.

Approved February 12, 1S73.

AN ACT TO Ixcoiti'OK.VTE THE ToWN OF IIoDCE.s, IN A r.p.KVi i.i.E No. 254.

COLNTY.

330

STATUTES AT LARGE

A. I). 18T3.

Corporiite limits

Elcctore.

Invested with
powpra iind priv-
ilifges confrired
on luWQof Nine-
ty-Six.

First election,
when to be held

Appointment
of Managers.

iiili:tl)itaiits of tlic town of Hodges, in Abbeville County, shall be
deemed, iind are hereby declared, a body politic^and corporate;
and said town shall be called and known by the name of Hodges,
and its limits shall be as follows: Beginning at a corner on the
Abbeville road, just above W. L. Hodges'; thence, north, to a cor-
ner just over the Matthews' road, above Andrew Koon's; thence,
cast, to a corner at Walter Anderson's ; thence, south-east, to a
corner at Daniel Butler's ; thence, south, to a corner at J. F. Mil-
ler's; thence, in west direction, to a corner in rear of John Miller's ;
thence, west, to a corner near G. M. Hodges' gin house ; thence to
the starting corner at W. L. Hodges'.

Sec. 2. That the said town shall be governed by an Intendant
and four Wardens, who shall be citizens of the United States and
of this State, and shall have been residents of said town for si.v
mouths immediately preceding the election, who shall be elected on
the second Monday in January in every year. The election for In-
tendant aud Wardens shall be held in some convenient public
place in said town, at least ten days' public notice of the same being
given ; and shall be held from nine o'clock in the morning until
five o'clock in the afternoon ; aud when the polls shall be closed,
the ^Managers shall forthwith count the votes aud declare the elec-
tion, and give notice, in writing, to the persons elected. The In-
tendant and Wardens, or the Clerk of the Court of Abbeville
County, if there should be no Intendant or Wardens, shall appoint
^Managers to hold said election, and the said Managers shall take
the usual oath prescribed in State elections. All male inhabitants
of the age of twenty-one years, citizens of the State, and who shall
have resided in the said town for sixty days next preceding the
election, shall be entitled to vote for Intendant and Wardens.

Sec. 3. The Intendant and Wardens shall take the same oaths,
and have and enjoy all the rights, powers and privileges as are
granted to, and conferred upon the Intendant and Wardens of the
town of Ninety-Six by an Act entitled " An Act to incorporate the
town of Ninety-Six," approved March 13, 1872, and Section 0 of
said Act is made of force and effect as to the town of Hodges.

Sec. 4. The first election held under this Act shall be held on the
first Monday in April, 187;5, and the officers elected thereat shall
hold their otHces until the secoud Monday in January, 187-*, or un-
til their successors arc duly elected and (jualified. The Clerk of
the Court of Abbeville County shall give notice of, and appoint
the Managers for, said election.

Sec. o. This Act shall be det-med a public Act, and shall con-
tinue of force until repealed.

Approved February 12, 1873.

Corporator*.

OF SOUTH CAROLINA. :;31

\V ..,.,, , .. 1-. T.r A. I). 1873

AN A( 1 TO iNcoiii'OKATi; Tin; \ im,A(jk or Iokt Mills, in v i

THE County of York. j^q 25').

Skction 1. Be il enacted l)y tlie Senate iind House of Repre-
sentHtives of the State of South Cjirolina, now met and sitting in
General Assembly, and by the autiiority of the same, That the
persons residing within the area of a square, each side whereof is
one niilo, and the centre whereof is White's Store, near the rail-
road .station known as Fort Mills, in the County of York, are
hereby created a body corporate, under the name of the " Village Corporate name
of Fort Mills," with the officers, the same in number, and having
the san)e powers and privileges, and subject, in every respect, to

Iiivcst6d witl]

the provisions of the cluirter granted to the village of Cokesbury, powers and priv
in the County of Abbeville, by the Act of 1852, excej)t wherein oo towaof
said charter may be inconsistent with the Constitution and Ordi- ^ ^ "'^"
nances of A. D. \m^.

Sec. 2. That this Act shall be deemed a public Act, and shall
l)e at all times subject to the regulations of the General Assembly
tlicreafter.

Sec. 3. That all Acts or parts of Acts inconsistent with this Act
be, and the same are hereby, repealed.

Approved February 12, 1873.

AN ACT to Incorporate the Second Coosa whatchie^ Bap- No. 256.
TisT Church, of Beaufort County.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That the Rev.
P)cnjamin "Williams, Crockett Holmes, Oliver Osgood, P.A.Pinkey, Corporators,
and Robert Johnson, and their associates and successors, are herebv
made a body corporate and politic, under the name and style of the
Second Coosawhatchie Baptist Church, of Beaufort Count v, with Corpornto nnme.
all the powers and privileges vested in such like corporations by
law ; to sue and be sued, plead and be impleaded, in their corporate privilege,
capacity; to have a common seal, and alter the same at will ; to
enact such rules and by-laws for the government of their bodv not
rej)ugnant to the laws of the land.

Sec. 2. That this Act shall be deemed a public Acf, ami have
perpetual succession of officers and members.

332 STATUTES AT LARGE

A. P. 1873. ggc 3^ That all Acts or parts of Acts inconsistent with this A« t
bo, ami the same are hereby, repealed.

Approved February I'i, IJsy.'J.

1^0. 2.17. AN ACT to Puxisn any Pkusox or Pkrsons who shall Sell
AND Convey any Real or Personal Property on which a
Lien of any kind may" exist, without giving notice of such
Lien to the Purchaser or Purchasers.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
renaitv for sell- ^"^1 by the authority of the .same, That from and after the passage
which' a''iT-nex^ ^f this Act any person or persons \\\\o shall wilfully and knowingly
^^Yn'^nouce ol ' ^^^^ '"^^^ convey any real or personal property on which any lien or
sanie- liens exist, without first giving notice of such lien or liens to the

purchaser or purchasers of such real or personal property, shall be
deemed guilty of a misdemeanor, and, on conviction thereof, shall
be imprisoned for a term not less than ten days nor more than three
years, and be fined not less than ten dollars nor more tlian five thou-
sand dollars, or either or both, in the discretion of the Court: Pro-
,. ^ vided. That the penalties enumerated in this Act shall not apply to

ruhl'.c oflRcprs ' i _ _ . , , . t

cssmpted f .om public officcx'S iu the discharge of their official duties.
Approved February 12, ]S70.

No. 258. AN ACT to Renew the Charter of Wofford College, in

Spartanburg, South Carolina.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting iu
WoffordCoiieire General Assembly, and by the authority of the same, That Woiibrd
re-chartercd. Collcgc, in Spartanburg County, South Carolina, be, and the same
is hereby, rc-chartercd with all the rights, powers and privileges
Powers and heretofore Grranted to it, and that the same be, and is hereby, con-

privilfges. ° •in

firmed in its right, title, interest and estate, m and to all ]iro]iorty,
real and personal, which it now owns or may hereafter lawfully ac-
quire.

Sec. 2. That this Act shall be a public Act, and shall continue iu
force until repealed.

Approved February 12, 1873. '

OF SOUTH CAIIOLINA. 333

A. I). 18;3.

AX ACT TO Refkh TO TiiK (iuALinicu VoTKHs or Baunwell V /

County tiiic Location or the County Seat of said County, No. 2o1),
County OFFrtM:s, and tiik Pi,a<k foii Holding the Courts
of said County.

Section 1. Be it enacted Ijy the Senate iind IIuusc of Repre-
sentJitives of the State of South Cai-olina, now met and sitting in
(ieneral Assembly, anil by the authority of the same. That, witliiu oirernor to issue
ten (lays after the passage of this Act, the Governor shall issue his P/io^iS-^^e^"
proclamation requiring the Commissioners of Elections /or Barn- i^.j,n^'"J/,countv
well County, on a day therein to be named, not exceeding thirty '.'i^Xn fodetlr-
daysfrom the date thereof, to open the polls at the various election ininc wiii cfpeo-

J > 1 1 ^ ^ plf as to County

precincts iu said County, for the purpose of holding an election to seat.
deternune the will of the people as to the location of the County
seat of said County.

Skc. 2. That, at such election, the voting shall be by ballot, each by^^^nLn" or
qualified voter of the County being entitled to one vote, upon P""**'! *>""«>*•
which shall be written or printed, or partly written and partly what to be
printed, the name of the locality at which he desires the County ^dth^°eon.''""'"
seat to be located: Provided, That, in all respects, the said election
shall be held, conducted and determined as is now provided by law liowtobecon-
for the holding of elections for State and County officers.

Sec. 3. That, upon the canvassing of the votes given at such commissimers
election, the Commissioners of Election shall certify to the Board certify '^res'iiit to
of County Commissioners for said County the number of votes commissioners."
given for each locality, and the locality receiving the greater num-

1 f 1111 n T ^ iz-i f • ^ n Locality receiv-

ber of votes shall thenceforth be the County seat or said County, ins majority of

I'll 11- rt' 1 11 1 1 1- 1 1 1 1 /-I vot€sio bet'out-

at which place the public offices shall be established antl the Courts tyseat.
thenceforth shall be held.

Sec. 4. That, should a removal of the County seat be determined Duty rf county
upon, the County Commissioner.- of said County are hereby charged ^nc'Znu^ulg
and authorized to give full force and etiect to the decision of the puiik usf! "^^"^
people at such election by the construction of such buildings as are
iieee.<sary for the public use at the County seat : Pravidcd, That rrovi»o.
the County Commissioners of Barnwell County shall not incur any
further expense for the erection or improvement of public buildings
in said County until the wishes of the people have been expressed,
according to the provisions of this Act.

Sec. 5. That, should said removal be determined upon, the said icrrmovai iw
County Commissioners shall, within ninety days after said election, iV?,^r|"Houoe°Hi
and after sixty days' advertisement in three newspapers, one "in the ^|;,'j^^''''"^ ^** *'*
County of Barnwell, one in the city of Charleston, and one in the city
of Columbia, sell the present Court House building iu the town of
Bhiekville, with all its privileges. and appurtenances, to the highest

334 STATUTES AT LARGE

A.D. 1873. bidder, at j)ublic auction, upon sudi terms as the eaid County Com-
Mannerofsaie ""^sioners may think best calcuhited to realize the highest price,
nf wime. a,,,] fo make titles to the purchaser at suc-h eale.

, . ... , Si:c. t). That the proceeds of Kaid sale be paid into the County

J);.<positlon of 1 I •'

procwdsot such Treasury, and a'pj)lied to the defraying of the expenses of said
election and removal, if a removal be determined upon; and should
a balance be left, after such payments, the san)e shall remain in the
County Treasury for the use of said County.

Sec. 7. That all Acts and parts of Acts inconsistent with this

clause.^*''**"''''' -^^' ^®' ^^ ^^^^ same are hereby, repealed.

Approved February 12, 1873.

No. 260. AN ACT to Incorporate the Charleston Coastwise Tbaxs-

PORTATION Company. •

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That Benjamin
Corporators, p Simmous, Johu C. Mallonec, Edwin Welling and Reuben R.
Hudgins, their associates, successors and assigns, and such other
persons, who may be hereafter associated with them, be, and they
are hereby, created a body politic and corporate, by the name and

Corporate name. Style of The Charleston Coastwise Transportation Company, for the
purpose of transporting, by sail vessels, produce, goods, wares, mer-

poraiion. chandize and general freight between Charleston, in the State of

South Carolina, and any other port or ports ou the Atlantic Sea-
board, or in the West Indies.
Capital stock. i^EO. 2. That the capital stock of this company shall be fifty
thousand dollars, to be divided into shares of fifty dollars each, with
the privilege of increasing said capital stock to five hundred thou-
sand dollars, or any less sum at discretion ; and the said corporation
is authorized to commence business as soon as the sum of twenty
thousand dollar* shall have been subscribed.

ated.'"*^ ^" "^' Sec. 3. That the said Benjamin F. Simmon.^, John C. ^Mallonce,

Edwin Welling and Reuben R. Hudgins, be, and they are hereby,

created Directors of said company, with the power of appointing or

electing officers until an election for such officers can conveniently

Time of eipc take place under this charter: Provided, Such election be held

tion tor officers. ^ _ ' ,

within six months from the day upon which said company shall

commence business. And they, the said before named persons, are

Subscriptions, hereby authorized to take up, by subscription, payable in such in-

OF SOUTH CAROLINA. 'MV)

stallincnts as tlicy may (looin |)n)])t'r, cilluT the whole of said cupi- a.d.isti.
tal sto:'k, or so much tliereof as they shall consider requisite.
Should the in.stallments due by any subscriber or subscribers not be
i)ai(l in, when called for, their shares shall be sold at public auction,

' _ • _ _ ' ' shiire^, when

and the installments due thereon shall be paid from the proceeds may Ua noi].
of said sale, and the balance, if any remain, shall be paid over to
such delinquent subscriber or subscribers.

Sioc. 4. That said Company shall be under the nianaecement of a "WcerB of com-
Board of five Directws, who shall choose from among themselves a
President ; which said Board of Directors shall be annually elected
from among the stockholders.

>^E('. f). That said company shall have such other officers and Ocnerai powers,
agents as the rules and by-laws, which they are hereby authorized
to make, shall require; that the said company may have and keep
a common seal, and alter the same at will ; may sue and be sued,
plead and be impleaded, in any Court in this State; and shall have
and enjoy any and every right and privilege belonging to corporate
bodies, according to the laws of this State.

Sec. 6. That each stockholder shall be entitled to as many votes |^Maniierofvot.
as he shall have shares: Provided, That when stock stands in more
than one' name, or belongs to a copartnership or company, each
sucli share shall be entitled to only one vote. Stockholders absent
from any meetingshall be entitled to vote by proxy, and a majority Proiie?.
of the shares issued shall be represented atevery meeting, in order to
constitute a quorum.

JsFX". 7. That the said company shall be able and competent, in or'afsposror
law and equity, to have, hold and enjoy all such real and personal p'^^p^''.^-
property as tliey shall deem proper in any way to acquire, or which
may be connected with or in any manner conducive to the purposes
for which the said corporation is established : Provided, The amount Proviso.
of proi)erty, real or personal, so hehl, shall not exceed the amount
of the capital stock of said corporation. In case it shall at any

u J • 1 ■ 1 • 1 1 ^ ■ , PriTilepe of

time be determined to increase the capital stock from the amount to oripiimi suhsrn-

1 1 •! 1 • 1 /■ • 1 • • -1 , .1 ^'<''-'' '" certain

be suljs;'rihe(l m tlie nrst instance, the original subscribers wsos.
sliall first have the privilege of subscribing before the subscrip-
tion is opened to the public: Provided, further, That the stock- ..u.-. ,

'^ * ' J J Lmbility of

holrflers of the said company shall be liable to the amount of their stockhoUcr.-..

respective share or shares of stock in said company, for all its debts

and liabilities upon note or otherwise. The books and accounts of Books ti hi-

said company shall be open to inspection, under such regulations non! ""'P*^'

as may be prescribed by law.

Si:c. 8. That this Act shall be and continue of force until re-
pi'aled.
»
Approved February 13, 1873.

.']36 STATUTi:S AT LARGE

A. D. 18:3.

Corporators.

AN ACT TO IxcoKi'on.\TK Tin-: Aikkn Ukal Estate ani>

ajq .;^j Building Association, of Aikkn, S. C.

Section 1. Be it enacted by the Senate iiml Hou.se of Represen-
tatives of the State of South Carolina, now met and sittin<,' in Gen-
eral Assembly, and l»y the authority of tlic sanie, That Samuel J.
Lee, C. D. Hayne iim\ J. S. Shuck, together with other parties, who
now are, or hereafter may be, a^.-^ociated with them, be, and ihoy
are hereby, declared a body politic and corporate, for the purpose

^^j.^j^jj^i^'''^'^"'^" of buying and selling real estate in the County of Aiken, or any
other County in the State that may be deemed nece.s.'?ary for the
benefit of the corporation ; may make loans of money, secured by
mortgages of real estate and the hypothecation of bonds, stocks and
other cho.ses and personal property, to its members and stockholders

Corporate name, and others, by the name and style of the Aiken Real Instate and
Building Association ; the capital stock of said Association tocon-
capitni stock. ^^^*' *'^""*' ^^^s than One hundred, nor more than three thousand
shares, said shares to be of the value of one hundred dollars each,
and as soon as one hundred shares shall have been subscribed the
said Association shall organize and commence operations ; said
shares to be paid by successive monthly installments of one dollar
on each share, until the amount herein specified per .share .«hall have
been paid in ; the said shares to be held, trau.sferred, assigned and
pledged, and the holders thereof to be subject to such fines, penalties
and forfeitures for default in their payments, as the regulations and
by-laws of the said Association may prescribe.

General powers. Sec. 2. That the Said Association shall have such number and
succession of officers as shall be ordained according to the rule.-; and
by-laws made or to be made by them for their government; shall
have power, at all times, to make such rules and regulations a.< are
not repugnant to the laws of the laud ; to have and keep a com-
mon seal, to alter the same at will, to sue and be sued, plead and be
impleaded, iu any Court of Law or Equity in the State; and shall
have and enjoy every right and privilege incident to and belonging
to corporate bodies according to the laws of the laud.

Sec. 3. That the funds of the said Association shall be invested

Investc ent of n i • t r^ £• a -i

funds. either in the purchase of real estate in the County ot Aiken, orfiny

other County in the State of South Carolina, which shall be rented
out, or leased, or sold and conveyed to the members and stockholders
of said Association, upon such terms and conditions as, from time to
time, may be prescribed by its rules and by-laws, or be loaned out
and advanced to the members and stockliolders thereof upon the
security and hypothecation of real estate in the State of South Car-
olina aforesaid, or bonds, stocks, choses in action, or personal pro-

OF SOUTH CAROLINA.

jiertv, on sucli terms and rontlilions us, (Voni time to tiino, may ho.
l»r(':«cril>itl by the ruli's jiiid l)y-l;i\v.s aioio.--a"nl ; and it ^liall and iiimv
l)e lawlul for the said Association to enjoy and hold, lor the mutual
hi'iK'lit of its members and stockholders, all such lands, tenements,
licifilitanients and appurtenances, as may be />o/irt/('/c purchased by
and conveyed to it, or as may be mortgaged to it by way of secur-
ity upon its loans and advances, or as may be bought by or trans-
ferred and conveyed to it at sales under judgments or decrees at
law or e(iuity, for securing and recovering, or in compromise settle-
nunt of any debt or debts duo to it, and to sell, alien, barter, ex-
change, convey, mortgage, or otherwise dispose of the same, from
time to time, and whenever deemed necessary and expedient. The
stockholders in this Association shall be severally liable for all ^ i.iai.uity of
debts and obligations created or contracted by the Association to an '
amount double the amount of their stock.

Sec. 4. That whenever any of the funds of the Association shall loanTmuioney^
remain uninvested or uncalled for, for the space of three months, <"*'**"'^-
by its own members and stockholders, it shall be lawful for said As-
sociation to lend out what moneys may be on hand to others than
stockholders, at such rates of interest as may be agreed upon.

Sec. 5. That whenever the funds and assets of the said Associa- (jjf.t'rumlrjli "o*!
tion shall have accumulated to such an amount that, upon a fair "=*'*''^3-
division thereof, each stockholder for each and every share of stock
held by him or her, shall have received, or bj entitled to receive,
the sum of two hundred dollars, or the value thereof, in i)roperty
or assets, and such division and distribution shall have been made,
then the said Association shall cease and determine : Provided, how- Proviso.
ever, That in case the said Association shall not have closed its
operations and ailliirs, as above provided for, within a shorter pe-
riod, then this Act shall continue in force for the period of fourteen
years.

Sec. 6. That this Act shall be deemed a public Act, and be given
and received in evidence without being specially pleaded, and shall
continue of force until repealed.

Apjiroved February 14, 1873.

AN ACT TO Incorporate the Randolph Enterprise Associa- No. 262.

TION.

Section 1. Be it enacted by the Senate and House of Represen- Corrora'ora.
tatives of the State of South Carolina, now met and sitting in Gene-
ral Ass(Mnbly, and by the authority of the same. That R. B. Artsou,
T. E. Dixon", W. H." Robertson, II. L. Bell, H. B. Norris, David.

338 STATUTES AT LARGE

A. D. 1873. g,„i(i,^ Thomas Wimhroj), J. T. Gibbcs, J. S. lluml crt, of the city
of Charleston, and thoir associates and successor?, are hereby made
and created a l)ody politic and corporate, under the name and style
orponitc name. ^^ ^^^ Handolpli Enterprise Association.

Sec. 2. Tliat the said corporation, hereby created and established,
Pow.rs oeJ shall have succession of ofHcers and members, accordin<' to its bv-

privilc!,'es. , i i ii i i i i .

Jaws, and shall nave power to make such by-Jaws, not repugnant to
the laws of the land ; and to have, use, and keep a common seal,
and the same to alter at will ; to sue and be sued, plead and be im-
pleaded in any Court in this State; and to have and enjoy all such
property, real and personal, as may be given, bequeathed or devised
to it, or may be in any manner whatsoever acquired by the said cor-
Proviso. poration : Provided, The amount so held shall not exceed the sum

of twenty-five thousand (25,000) dollars.

Sec. 3. That the said corporation mav, from time to time, invest

Investment of ■ . ,, , i n i ' i i i-

tunds. their lunds, moneys, assets, and all other property, stocks, public or

private, notes, bills, bonds, with or without security, by mortgage of
real or personal property, or by suretj^, in such sums and on such
terms and conditions as they may deem proper; and it shall be law-
ful for the said corporation, from time to time, and at all times, to
sell, convey^ mortgage, assign, or transfer all of its property, real
and personal, as, and when it may be deemed proper and expedient,
and to make and execute bonds under their corporate seal, with or
witjiout mortgage, for the purchase of real or personal property.

Sec. 4. That this Act shall continue in force until repealed, and
the same shall be taken and deemed a public Act, and may be given
in evidence without being specially pleaded.

Approved Februarj' 14, 1873.

No. 263. AN ACT to Incorporate the Florence Educational A.ssoci-
ATiON, of Florence, South Carolina.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sittinir in Gen-

Corporators. eral Assembly, and by the authority of the same. That W. II.
Brown, M. Waring, D. W. Haines, James Allen, S. A. Robertson,
C. Frank, and .'^iieh other persons as may now or hereafter shall be
associated with them, be, and they are hereby, declared a body poll.

Corporate name, tic and Corporate, by the name and style of the Florence Educa-
tional Association, of Florence, South Carolina, and by the said
name shall have perpetual succession of officers and members, and

OF SOUTH CAROLINA. 339

:i coimiioii sciil, with power to diaiif^c, alltr anil inuko new the satno a^». ist3.
as often as the said corporation may jixli^'c cxiHMliftit.

.Skc. 2. That tlie .said corporation shall he capahh- in law to pur- i-owcrs an-i
cliase, have, hold, receive, enjoy, possess and retain to it.self, in per- p'"'^'''8<'<.
potuity, or for any term of ycar.=, any lands, tenements or hendita-
nu'utrf, or other projjerty of wliat nature .soever, not exceeding the
.«um of twenty thousand dollars, or to .sell or alien the same as the
saiil corporation niay think fit ; and by its said name to sue and be
sued, implead and be impleaded, in any Court of law or equity in this
State; and to make such rules and by-laws, not repugnant to the
laws of the land, as for the order, good government and manage-
ment thereof may be thought necessary and expedient.

Sec. 3. This Act shall be deemed a public Act, and continue in
force until repealed.

Approved February 14, 1'873.

AN ACT TO Incoupohate the PiKJixix Hook and Ladder No. 264. •
Truck Company, No. 1, of Camden.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of SoiTth Carolina, now met and .-fitting in Gen-
eral A.esembly, and by the authority of the same. That A. A. Corporators,
^[oore, Samuel Place, W. F. Reed, A. C. Douglass, D. C. DeSaus-
sure, their associates and successors in office, l)e, and they arc
hereby, constituted a body politic, under the name and style of the
*' Phoenix Hook and Ladder Truck Company, No. 1, of Camden," Corpdrnte name,
with a ca[)ilal stock not exceeding ten thousauij (10,000) dollars, rowers and
with the right to sue and be sued, to plead and be imi)leaded in any P"^■'''*i^'«•■'•
Court of competent jurisdiction ; to have and use a common .seal,
and the same to alter at will ; and with all other rights, privileges
and immunities that are now secured by law to like incor})orate
bodies.

Sec. 2. That this Act shall ])e deinied a public Act, and remain
in force until repealed.

Approved ]'\'bruary 14, 1873.

340 STATUTES AT LARGE

A. D. 1873. ^jf ACT TO Incorporate THE Grant and Wilson National

'" ^ "" Guards, of Greknland, S. C.

No. 'HI).

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the Slate of South Carolina, now met and sitting in Gt-ne-

Corporators. ^..^j \^j;e,ni,iy^ ;i,i(| \yy the authority of the .same, That Gh).>ter Hol-
land, Daniel Rouse, Hammond Rouse, David Cherry, Peter Chen;
Emanuel Whitley, and the several persons who now are, or may
hereafter be, officer;^ and members thereof, and their succefcsors, offi-
cers and members, be, and they are hereby, declared to be a body

Com orate name, pol'tic and Corporate, by the name and style of the Grant and Wil-
son National Guards, of Greenland, and that they, the said corpo-
ration, may, by its corporate name, sue and be sued, implead and be
impleaded, in the Courts of this State, and shall be able and em-
powered in law to purchase, have, hold, enjoy and possess, any
Powers and jroods, chattels, lands, tenements or real estates of whatever kind

pri%-uege8. o ' ' '

and nature soever, and the same, and any part thereof, to sell, alien
Proviso. or convey, at their will and pleasure: Provided, however, That the

property so held .shall not exceed the annual value of twenty thou-
sand dollars; and ths said corpo alion shall hive power to make a
common seal, with power to change and alter the same as often as
they shall deem nece.ssary.

Sec. 2. That this Act shall be deemed and taken to be a public
Act, and shall continue iu force until repealed.

Approved February 14, 1873.

No. 206. AN ACT to Amend an Act entitled "An Act to Incorpo-
rate Certain Fire Engine Compa.nies, of Charleston, S.
C," approved February 24, 18G9.

Section 1, Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same. That an Act enti-
tled "An Act to incorporate certain Fire Engine Companies, of
Charleston, S. C," approvetil^'ebruary 24, 18(59, be, and the same
is hereby, amended as follows :
"Steam" in- ^^c. 2. Strike out the word "Star,''" wherever it occurs in the Act,

.eyed m lieu of ^^^^^ i^gg^t » Steam."

Approved February 14, 1873.

OF SOUTH CAROLINA. ;;41

AN ACT TO Amend an Act entitlkd "An Act to Grant, a.d. ibti.
Hknkw AND Amend THE CiiARTEiis ok Ceiitain Towns and ^— ~v— '
Vii^LAOics therein mentioned." • No. 2i;7.

Be it enacted by the Senate and House of Representatives
of tlie State of South Carolina, now met and sitting in Gene-
ral Asserabl}', and by the authority of the same, That Section 2 of
an Act entitled "An Act to grant, renew and amend the charters of
certain towns and villages therein mentioned," be, and the same is "Fourth Mor-
lieieby, amended by striking out, on the 5th line, the words "fourth iS73." m n. u <f
Monday in ]\[arch, 1871," and insert the words "on the fourth Mon- dav m Mar"bT
day of April, 1873." ^^''■"

Approved February 14, 1(S73.

AN ACT TO Incorporate the Draymen's Benevolent As- No. 268.
sociATioN, OF Charleston, South Carolina.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the StUte of South Carolina, now met and setting in
General Assembly, and by the authority of the same. That Wm. corporators.
L. Turpin, H. Stewart McNeil, H. Bolden Fickenpack, Charles H.
Bryan, James Ferguson, William II. Jenkins, William Wilkinson,
and their successors in office, be, and they are hereby, incorporated
by the nartie of " The Draymen's Benevolent Association, of Charles- Corporate name,
ton ;" and by that naqje shall have capacity to sue and be sued,
j)lead and be impleaded, in any and all the Courts of this State ; •

to contract and be contracted with ; to have a common seal, and to
alter the same at pleasure.

Sec. 2. That the said Draymen's Benevolent Association shall,
thrqugh its four principal officers, make, ordain and establish its privUcJ"^ "'^'^
constitution, by-laws, rules and regulations not inconsistent with
the Constitution or laws of this State or the United States; and
may acquire, hold and enjoy so much real estate as may be neces-
sary for the erection of proper buildings, and rent out the same,
and collect the rent, and hold or loan out the same, as the by-laws
may direct.

Seo. o. That the .said Dravmen's Benevolent Association shall ^'"y '^"'"^'■'

rcvenin;.

have power to collect its revenue, and to apply the same for the
purpose of aiding in benevolent enterprises, or for the purpose of
accumulation: Provided, That the funds in money or chosos in
action shall not exceed, in available assets, the sum of twenty five
thousand dollars at any one time, and shall not be loaned upon

342 STATUTES AT LARGE

A. D. 1873. usurious interest, nor shall the funds, or accretions thereof, be used
^ ^ ~ otherwise than for the piiynu-iit of the expenses of the said Dray-
men's Jienevolent Association for cliaritahle purposes.
tof.To 'majo v«^ Sec. 4. That ^ all contracts made, or obligations assumed hereto-
fore, which are not inconsistent with the laws of the land, by said
Draymen's Benevolent Association, be, and the same are herclty,
made valid and binding upon said Draymen's Benevolent Associa-
tion, as organized under this charter; and the acceptance of this
caryto complete charter by a resolution of said Draymen's Benevolent Association,
organization. gij^n \yQ all that is required to complete its organization under the
same.
Principal offl- Sec. 5. That the five principal officers named in Section 1, and
poraie.''"''^ "'^' their successors in office, be, and the same are hereby, created a
body politic and corporate, so far as to enable them to receive, hold
and enjoy, possess and retain property, both real and personal, not
exceeding in value the sUm of twenty-five thousand dollars, and to
sell, alien or loan the same in any manner deemed advisable.

Sec. 6. Tbat this Act shall be deemed and taken to be a public
Act, and shall continue in force until repealed.

Approved February 14, 1873.

No. 2G9. AX ACT to Ixcorpokate the Refulgent Society, of the

City of Columbia.

Section 1. Be it enacted by the Senate and House of Represen-
• tatives of the State of South Carolina, now met and sitting in Gen-

Corporators. ^''^^ Assembly, and by the authority of the same, That A. W.
Curtis, Adam Sightler, L. L. Brown and Benjamin Sightler, and
their successors, officers and members, be, and they are hereby, de-
clared to be a body politic and corporate, under the name and style
Corporate nan: e. of the Refulgent Society, of the city of Columbia.

Six. 2. That the said corporation shall have a common seal, and
Powers and shall havo powcr to purchase, receive and hold any real or personal
pimeges. estate, not exceeding in value the sum of five thousand dollars, and
to sell, convey and dispose of the same, and by its corporate name
may sue and be sued in any Court in this State, and to make such
rules and by-laws, not repugnant to law, as it may consider neces-
sary and expedient.

Sec. 3. That this Act sliall be deemed and taken to be a public
Act, and shall continue in force until repealed.

* Approved February 14, 1873.

OF SOUTH CAROLINA. 343

f AN ACT TO Incori'ouati: tiik Georgetown Cypress Company. ^- ^'- '*"^-

Section 1. Be it enacted by the Senate uinl House of Kepresen- No. 270.
tativos of the State of South Carolina, now met and sitting in CTen-
I'lal Assembly, and by the authority of the same, That James P. Corporators.
( iuignard, John W. Parker, F. W. Wing, John H. Kinard, and
tlu'ir associates and successors, are hereby made and created a l)ody
linlitic and corporate in hiw, under the name and styh) of the(ieorge- Corporate name.
town Cypress Company, for the purpose of manufacturing shingles, ovopcts of cor-
staves and other articles from cypress, pine or other wood, and for i'"''''""''-
the purpose of carrying on such other business as may be connected
therewith, with such capital as may be subscribed, not exceeding
sixty thousand dollars.

Sec. 2. The said company shall have succession of officers and
members, to be chosen according to the rules and by-laws made and General powers,
to be made for their government and direction, and shall have power
and authority to make by-laws, not repugnant to the laws of the
land ; to make, have and use a common seal, and the same to alter
at will; to sue and be sued, plead and be impleaded in any Court
of this State ; to purchase and hold any lands, tenements or heredi-
taments, goods and chattels, which may be necessary, connected
with or conducive to the purposes for which said company is estab-
lished, and to sell or mortgage the same.

Sec. 3. That said corporation shall not go into operation until ten when may go
thousand dollars of the capital stock shall be paid in. The personal '"''"' °P'"^''t.on.
liability of the stockholders for the debts or liabilities of said corpo- perfonai lia-
ration shall be limited to the amou.nt of stock subscribed by them- touLs*!^ ^^°'^^~

Sec. 4. This Act shall be deemed a public Act, and shall con-
tinue in force until repealed.

Approved February 14, 1873.

AN ACT to Amend Sections 08, Ul» and lUU, Ciiaitek X\'U, No. 271.
OF THE General Statutes of South Carolina Relating to
Holders of Insurance Policies.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same. That Section 9^, of -or of ihf
Chapter NVII, of the General Statutes, be amended, in the fifth n.^'A^ed m'cfth
line of said Section, after the words " bonds or stocks of this State," '"'*^'
by inserting the words "or of the United States;" also, at the close

344 STATUTES AT LARGE

of the sjiid Section, insert the following proviso: " Provided, hoic-
evcr, That it shall be the duty, and it is hereby rwjuired of the
^ Comptroller Comptroller General, upon iiotiee being served upon him by the
Boiidsof insiiv- aj^ent of any said company or association, accompanied bv iiroof

eut luhurunco *= , , . , "

louipinies, ami sufficient to establish the fact of the insolvency of such company or

re-iiisiiru policy ■^ ' •'

holders in «oiv- association so depositing, to dispose of, at itiiblic outcry, to the high-

ent ColUpaule^. . ^ 1 ,

est bidder, alter twenty-one days notice of said sale, notice to be given
by publishing in one of the daily papers in the city of Columbia,
and in one daily paper in the city of Charleston, so much or so
great an amount of such bonds or stocks so deposited as will enable
him to re-insure the policy holders of such insolvent company or
association, in such proper and solvent insurance company or asso-
ciation as any policy holder in said insolvent company or associa-
' lion may desire, or elect, for the balance of the unexpired terra of
such insurance previously taken by him in said insolvent company
or association."
"Or of tho Sec. 2. That Section 99, of Chapter XVII, of the General Stat-
insertedin third utcs, be amended, by inserting after the word " State," in the third
line of said Section, the words " or of the United States."
"Or of the Sec. 3. That Section 100, of Chapter XVII, of the General Stat-

Unite.I States," '■

inserted in iith utes, be amended, bv inserting after the word "State," in the elev-

line. ■

enth line, the words " or of the United States."
Approved, February 20, 1873.

Xo. 272. AN ACT to Authorize County Commissioners of Certain
Counties to Levy and Collect an Additional Tax for
Certain Puuposes.

Sectidn ]. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in
CJeneral Assenil)ly, and by the authority of the same. That the
Special tnxes Couuty Commissioners of the several Counties herein mentioned be,
oZe^sriUeHa'ia and they are hereby, authorized and directed to levy and collect a
Countic!). special tax as hereinafter specified, on the taxable property of the

said Counties, said tax to be levied at the same time other taxes are
levied for the fiscal year commencing Xovemljcr 1, 1873 ; said
Marion. 3 mills, tax to be dcvotcd cxclusively to the payment of the pfist due in-
^oranireburg. 3 ^jgi^^^^i^^.gg ^f the said Countics, viz: For the County of Marion,
jtiohiand, VA three (3) mills; for the County of Orangeburg, three (3) mills;
^_ Lancaster, 2 f^r the County of Richland, one and one-half {!]) mills; for the
^, Newberry, 2 Q^^j^^^y of Lancaster, two (2) mills; for the County of Newberry,

Proriflo.

OF SOUTH CAKOLINA. 34.3

two (2) mills. Provided, Tliivt iill claim.s for the payment of which -^- ^- "'"^•

the spet-ial tax herein anthori/iil is levied, .shall he rej^j.^tered in

the offiee of the Clerk of the Court of the County in which .siu-h

tax is ordered, on or bclore the first day of OctolxT, IM?-'}, and all

claims of claimants failing to register the same, within the said

time, shall not be i)aid.

yi:c. 2. That the County Commissioners of Horry County be,
and they are hereby, authorized to levy and cause to be collected, a norry, 2niiiii
special tax of two (2) mills upon a dollar of all the taxable prop- [ridgoH."'^*'"'"'
erty in said County, the said tax to be devoted exclusively to re-
pairing the bridges in said County, across Kingston Lake and
Socastee Creek, and to the payment of the past indebtedness of the
County.

Sec. 3. That the County Commissioners of the County of Wil-
liamsburg be, and they are hereby, authorized to levy and cause to
be collected, a special tax of two (2) mills on a dollar of all the 2 mi'ik""{f"«F'
taxable property of the said County ; said tax to be levied at the Ifu^^jini!"^ ^""^
same time other taxes are levied for the fiscal year commencing
November 1, 1873, the same to ba used exclusively for the pur-
pose of paying the indebtedness caused by the building of the jail
in the said County.

Approved February 20, 1873.

CorpciMtors.

AN ACT TO Incoeporatk the State Auxiliary Joint Stock No. 273,

Company.

Section- 1. Be it enacted by the Senate and House of Representa-
tives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That Robert C.
Shiver, John B. Palmer, William C. Swaffield, John B, Baseomb,
A. P. Ford, and such other persons as thoy may associate with
tiiem, their successors and assigns, be, and they are hereby, consti-
tuted a body corporate and politic, by the name and style of the Corporate name.
" State Auxiliary Joint Stock Company."

Sec. 2. That the said corporation shall have power and authority
to make any such rules and by-laws ibr its government as are not
repugnant to the Constitution and laws of the land ; shall have
such numbers and succession of members and officers as shall be or- goqcmI
dained and chosen according to their said rules and by-laws, made,
or to be nuide by them ; shall sue and be sued, plead and be im-
pleaded, in any Court of law or e<iuity in this State, and shall have

Capital stock.

Value of shares.
Manner of vot-

346 STATUTES AT LARCJE

A. 1). i87o. auj enjoy all ami every right and privilfge incident and belonging
"""^^"^""^ to corporate bodies, according to the laws of the land ; and to use
any means they may think proper to develop and promote the agri-
cultural, mechanical, manufacturing and mineral resources of the
porauon. ° '^°^' State, for the promotion of immigration, the elevation of labor and
laboring people, the encouragement of stock raising, and the tem-
perate advancement and cultivation of turf and field sports.

Si:c. 3. That the said corporation be enabled and empowered in

law to purchase, have, hold, enjoy and pos.sess chattels, lauds, tene-

and Yiien prop! ments, aud property of all kinds, real, personal or mixed, and the

"'^' same, or any part thereof, to sell, alien or convey, at their will and

pleasure.

Sec. 4. That the capital stock of the said company shall be ten
thousand dollars (810,000) with the privilege of increasing the same
to two hundred thousand dollars ( §200,000.)

Sec. 5. Each share of stock shall be ten dollars, and the stock-
holders shall vote at all meetings in proportion to the number of
their shares.

Sec. G. That as soon as ten thousand dollars have been paid in
and'"ie"tton"of by the corporators and their associates under this Act, a meeting
officers. ^^_^^^ ^^ beld,at which meeting ten Directors shall be elected, which

said Directors shall elect from their own number a President and
Secretary, and any other oflacers they may deem necessary for ef-
c-itlm Sled wi?h fccting the objects of the said corporation ; and upon the certificate
s«te Vha^'ten of the said President aud Secretary to the Secretary of the State
a^e p^d''in?'cor! that tcu thousaud dollars have been paid in, the said corporation
J'aTooperatTon.*^'" shall go into Operation with the Board of Directors thus elected.

Sec. 7. That the said company shall receive from the Treasury

of the State, on the first day of January, in each year, a bonus

ceivT'f?om state equal to the State tax assessed upon the necessary buildings, and

eJuaiTo \Tate improvements to be erected on the lands now owned or hereafter to

^^' be purchased by said corporation ; such bonus to be continued for

five years after the passage of this Act.

Sec. 8. This Act shall be deemed a public Act, and continue in
force until repealed.

Approved February 20, 1873.

No. 274. AN ACT to Incorporate the Spaetanburc. and Ashevili.e

Hailroad Company.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That Thos. B.

OF SOrTII CAKDLINA. ;j47

Jftcr, A. AV. Thomiwon, ,J. T. Hill, Li. Cuiinou, I). U. Duncan, A.r».i873.
Sinij)S()M Bobo, John IT. P^vans, Dr. K. E. C'levelantl, IJ. II. Kicc, """ v^"^
W. H. Wallace, Wni. .Munro, Albert G. Means, Dr. .1. Winsniith, corporaur*.
K. .M. Smith, .1. (J. Landrnrn and Alfred Tolle-son, and such other
persons and corporations as may bo associated with them, and their
.«ucces.'?ors and as-signs, be, and they are hereby, created a body jxjli-
tic and corporate, by the name and style of the Spartanburg and f-'orporate name.
.Vsheville Railroad Company; and by that name may .sue and be
.sued, plead and be impleaded, answer and be answered unto, in any
Court of law and equity in this State or the United States ; may
make by-laws, and appoint all necessary officers and prescribe their
duties, and may accept, purchase, hold and convey any property,
either real or personal, necessary for the purposes hereinafter men-
tioned ; may make contracts, have and use a common seal, and do ^''°^™* ^'"^^"■
all other lawful acts proi)erly incident to, and connected with, said
corporation, and necessary for the control and transaction of its
business : Provided, That the by-laws be not repugnant to the Con- Proviso,
stitution and laws of this State or of the United States.

Si;c. 2. That, for the organization of said company, the per-
sons hereinbefore named, or a majority of them, shall have the
power to appoint the time and place at which subscriptions for ^ . ,

, 1 i. 1 • • J T Books of sub-

stocK may be taken in said company, and appoint all neces.sary scription.
commissioners and agents to superintend the same ; and every per-
son, corporation, company or body politic, subscribing at any such
time or places, or at any time or place afterwards, under the direc-
tion of a majority of said corporators or directors, hereinafter named, "w-ho shall be
shall be stockholders in said company, and shall pay in the stock, ''°"''"'°"*^''-
so subscribed for, at such times and in such amounts, as the
by-laws and regulations of said company may require ; and said
corporators, or a majority of them, shall, within a reasonable time Meeting for
thereafter, appoint a time and place for the meeting of said stock- '"■^'''"'^•«'''°-
holders, of which they shall give thirty day.s' notice in such public
papers of this State as they may deem necessary, at which time and
place, or at any other time or place of which notice may be given
as aforesaid, said stockholders may proceed to the organization of
said company by the election of a President and twelve Directors, ficS^""""*' °''
who shall con.stitute the first Board of Directors ; and said Presi-
dent and Directors shall hold their offices for one year, and until
their successors are elected ; and may prescribe, in their by-laws,
the time and manner of holding their subsequent annual elections
for President and Directors; and, in all cases, the stockholders shall
have a ri^dit to vote by proxy or in person, and said stockhohlers Proxies,
shall be entitled to one vote for each share he, she or tliey may
have, hold in his, her, or their own right, or as trustee for another,

348 STATUTES AT LARGE

A.T). is;a. for three months next preceding saiil election. Said Board shall

"^ have power to lill all vacancies whirh may occur in tlieir own body,

how^mVed'^'*" ~ "^'^'^ ^'^^ regular annual election by the stockholder-^, and shall fix

the cornj)ensation of the President. Seven Directors shall consti-

uuonira. ^^j.^, j^ (juorum for the transaction of business, of which the Presi-

dent sliall be one, except in case of sickness or absence, when his

place may be filled by one of the Directors present, to be elected

President /)ro <c'»i. by a majority of the Board present.

Sec. M. That the capital stock of said cump:iny shall be one mil-
Amount of li<^ii dollars, which may be increased to an aniount not exceeding
capital stock, ^j^^ ^^^j. ^^ construction and outfit of the said road, to be divided
into shares of fifty dollars each, iiui said shares shall be transfer-
able on the books of the company in such manner as may be pre-
scribed by the Board of Directors ; and no stockholder indebted to
said comj)any shall transfer his or their stock without the consent
of the Board of Directors.

Sec. 4. That said company shall have full power and authority
to survey, lay out and construct a railroad from the town of Spar-
tanburg, or from some point on some railroad in the vicinity of said
town, and connecting therewith, to the North Carolina line, in the
direction of Asheville or Rutherfordton, North Carolina, and the

Invested with

priviieces gram- same to eouip, USB and enjoy, with all the ria-hts, nrivilcijos and

ed to Greenville . . . i /-i • i i /- i • -i /-

&Coi. R.R. immunities granted to the Greenville and Columbia Railr.oad Com-
pany, and under the Act incorporating the same, and the several
Acts amendatory thereof, so far as they may be applicable to the
purposes of the charter hereby granted : Provided, That nothing
herein contained shall be so construed as to exempt the said com-
pany from the provisions of Section 1, Chapter LXIII, of General
Statutes : Provided, fiirtJier, That nothing herein contained shall
be so construed as to exempt said company from the payment of
taxes.

Sec. 5. That all questions alfccting the right of way between the

said company and the owners of any lands over which the said

railroad may be located, when the ])arties cannot agree concerning

>rannero}ob- ^^^ samc, shall be adjusted and determined in the same manner as

^'ay'*"^ right of pi-oYided for in an Act to declare the manner by which the lands,
or right of way over the lands, of persons or corporations may be
taken for the construction and uses of railways and other works of
internal improvement, approved September 22, A. D. 1868.

Sec. G. That said comj)any is authorized to receive subscriptions
Suh^criptioDP, to its capital stock in land or labor, as may be agreed upon be-

abie '^^^ '^^^'^" tween said company and said subscribers ; and may acquire, by
grant, purchase, lease, or otherwise, any estate, real or personal,
whatsoever, and to hold, use, sell, convey and dispose of the same

Road to )>e
lit
the

OF SOUTH CAROLINA. .'549

as the interest of .said company ref|nire>: J'rov'ulrd, That tin; work
fur the execntion whereof said eom|)any is ineorporated .shall he
eommcncod within two years after tlie iirst day of January next,
and he completed within live years after its commencenjent.

.Skc. 7. That nothing herein eontained shall he so construed as
to hind the State to suhscriho stock in said company, or make any *'|''". witiiont

_'■''_ •' aid Irom tb

api)ropriation to enable the said company to build said road, or in state
any manner to loan the credit of the State thereto.

Sec. 8. That when one hundred thousand dollars shall have bicn NVhcn may or-
subscribed, and one dollar on each share shall have been paid in, work',
the said company may oriranize and proceed to work. It is further

'-'.•''= ^ . . May extend

provided that said comi)any may extend their road to the city of road to Coium-

, , . . , Ti - , , .11 bia, or unite with

Columbia, or may unite and consolidate with any other railroads ^oha leajing

. •' •' thereto.

leading to said city.

Se(\ 9. This Act shall be deemed a public Act, and shall have
corporate existence for the term of thirty years.

Approved February 20, 1873.

Charter re-

AN xVCT TO Renew the Charter of Ravenel's Bridge;, No. 27").
Across the Seneca River, in Oconee County.

Be it enacted by the Senate and House of Representatives
of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That the charter
heretofore granted to H. E. Ravenel, to erect a toll bridge across
the Seneca River, at or near Sloan's Old Ferry, in Oconee County, newed.
be, and the same is hereby, renewed, with the same rates of toll
heretofore allowed by law ; and that all the rights, privileges and
franchises incident thereto, be, and the same are hereby, vested in VostodinMrs.

-.fTr-ri-r* iii- -i • n H. E. Uavenel.

Mrs. II. h. Ravenel, her heirs and assigns, for a period of fourteen
years, from and after the expiration ot the said charter: Provided,
That nothing herein contained shall be so construed a.s to prevent
the construction of public bridges, or the construction and charter-
ing of other bridges and ferries by other persons across the said
river: Provided, further, That all school teachers and scholars
going to and from school, all qualified voters going to and from the Exeinption.s
polls on election day, and all ministers of the Gospel, shall be al-
lowed to pass over said bridge free of charge.

Approved February I'O, 1873.

350 STATUTES AT LARGE

A. D. 1873. AN ACT TO Amend Chapteu CXX of the Genekal Statutes

T-T r,-.. tjK Tin; State.

JSv. 2(0.

Be it enacted by the Senate and House of Repre.<«entatives of

the State of South Carolina, now met and sitting in General A.s-

sembly, and by the authority of tiie same, That Chapter CXX of the

"Xiroty" in- General Statutes of the State l)o amended as follows: Strike out

FertcU ill lieu of , i << i • n i • • r, • ^ - i •

••thirty." the word " thirty, wherever it occurs in Section 11, and insert the

"Sixmonths" wofd "ninety;" strike out the words "ninety days," ia Section 13,

in lieu of "nine- -i • . ,t • i i>

ty d.-.ys." and insert six months.

Approved February 20, 1873.

Corporators.

Xo. 277. AN ACT to Incorporate the Congriity Church, Concord

Township, Sumter County, S. C.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sittinir in Gene-
ral Assembly, and by the authority of the same. That the members
of the corporation known as the Congruity Church, Concord Town-
ship, Sumter, S. C, together with the officers and members of said
corporation, be, and are hereby, declared to be a body corporate and
Corporate name, politic, by the iiumc and style of the Congruity Church, and as such
shall have power to adopt such constitution, and to make such by-
laws as may be necessary for the government of the same, and not
repugnant to the laws of the land, and shall have such council, trus-
tees, elders and deacons, their successors in office, as they may select;
to sue and be sued, plead and be impleaded, by their corporate
title, in any Court of law or e(juity in this State; to have and use
a corporate seal ; to have and enjoy every right, power and privilege
incident to such corporation; and the said corporation is empowered

Powers and . , , , . i • n i i i

privileges. to hold, retain, possess and enjoy all such property, real and per-

sonal, as the corporation may hereafter possess, or be entitled to, or
which shall hereafter be given, bequeathed or devised to, or in any
manner ac(|uired ; and to sell and transfer the .«ame, or any part
thereof; and enjoy and exercise all rights, powers and privileges as
are incident to such corporations.

Sec. 2. This Act shall be deemed a public Act, and shall con-
tinue in force until repealed.

Approved February 20, 1873.

OF SOUTH CAROLINA. 3r,l

AN ACT TO Am KM) an Act kntiti.kd "Ay Act to Incor- a.d. irti.

I'ORA'Ji: Tin: Town oi' Li;\visvii,i,k, 8. C." ,,

ISO. J/o.

7>V' it enacted hy the Senate and Mouse (if Ri'iirosentatives of the
State of Soutli Carolina, now met and sitting in General As.seml)ly,
;uid hy the authority of the same, That an Act entitled "An Act
to incor])orate the town of Lewisville, S. C," passed February 2'^tii,
1872. be amended by strikintj: out the words "three-fourths'' "' ^ "„*'""

' J a fourths.

wherever the same oeeur in the Act, and insert the words "one-
third."

Approved February 20, 187.'>.

Onc-thlrd"
inscru-<l in lieu

AN ACT TO Amend .vn Act Entitled " An Act to Vest in Xo. 279.
THE Charleston Land Company the Charter of a Ferry
FROM Hamlin's Wharf, in the City of Charleston, to
the Following Points on the Wando River, to w^it :

SCANLONVILLE, ReMLEY's PoINT, VeNNING's LANDING AND

Daniel's Island Landing."

Be it enacted by the Senate and House of Representatives of
the State of South Carolina, now met and sitting in General Assem-
bly, and by the authority of the same, That the second Section of
an Act entitled " An Act to vest in the Charleston Land Company
the charter of a ferry from Hamlin's Wharf, in the city of Charles-
ton, to the following points on the Wando River, to wit: Scanlon-
ville, Remley's Point, Venning's Lauding, and Daniel's Island
Landing," approved March 2, 1872, be, and is hereby, amended by , Mnrch
striking out the following words in the proviso, to wit : " Within two }S74," insertod
years after the passage of this Act;" and inserting instead, the fol- years."
lowing words, to wit: " On the first day of ]\Iarch, in the year eigh-
teen hundred and seventy-four."

Approved February 20, 1873.

AN ACT TO Amend an Act entitled "An Act to Incorporate No. 280.
THE Mechanics' and Farmeiw' Building and Loan Asso-
ciation, OF Richland County, South Carolina.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in (^ren-
eral Assembly, and by the authority of the same, That Secflion 1 of
au Act entitled "An Act to incorporate the Mechanics' and Farm-

;]52 STATUTES AT LARGE

A. D. isrn. pj.g' I3i,i](i;iig and Loan Association of Richland County, South

^ Carolina, " ai)prove(l February 15, 1872, be amended as follows :

"Not fxwed Strike out in 14th line, "consist of two," and insert "not exceed

heu''o"'"coniil" f^'i^r," and in line 16, after the word "continue," insert "said corpo-

of two." rali(»n may issue to its members certificates of deposit or vouchers

tifieueJ^'of "e- ^" acknowledgment of money received in such form as may be

P°'"- agreed upon and accepted by said members;" and at the close of

the Section insert: "Provided, That this Association shall not or-

'^°^"'°- ganize or commence its operations until at least five hundred shares

have been subscribed."

Approved February 20, 1873.

'No. 281. AN ACT for the Better Protection of Religious -"NVoRsnip.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That if any person shall, will-
Penaity for fully and maliciously, disturb or interrupt any meeting, society,
^emu"g'^''h"uoi°)'n assembly or congregation, convened for the purpose of religious
It" ^olsniv'!^'^'^^ worship, or shall enter such meeting, while in a state of intoxica-
tion, or shall use or sell spirituous liquors, or use blasphemous lan-
guage at or near the place of meeting, such person shall be deemed
guilty of a misdemeanor,, and shall, on conviction, be sentenced to
pay a fine of not less than twenty, or more than one hundred dol-
lars, or be imprisoned for a term not exceediug one year, or less
than thirty days, or both, or either, at the discretion of the Court.

Approved February 20, 1873.

No. 282. A^ ACT to Authorize and Empower the County Commis-
sioners of Abbeville County to Open and Establish a
Public Road from William Hunter's to R. H. McCas-
lan's, in said County.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the County Commissioners
of Abbeville County be, and are hereby, empowered and required

Konrl to 1)6 1 T 1 11 • . * 1 T 1 • i.

oDene,i from to opcu, establish aud keep in repair a public road commencing at
McCu'sian's. William Hunter's, and running b)^ Bradley's Mill, ending at R.
H. McCaslan's.

Approved February 20, 1873.

OF SOUTH CAROLINA. 3.>3

A. T\ ]s:?..

No. 283.

AN ACT TO Renew thk Charteu of Knox's BRiDfiE, over

THE TUGAI-OO RiVEU.

Be il enacted by the Semite uiid House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the eluirter heretofore Knox's Bridge
granted to Samuel Knox, to erect a toll bridge across the Tugaloo
River, at a point uear his residence, be, and the same is hereby, re-
newed, with the same rates of toll heretofore allowed by law ; and
all rights, privileges and francliises incident to said cliarter, are
vested in William Knox, his heirs and assigns, for a period of four- k^ox!"* '" ^^ '"'
teen years from and after the passage of this Act.

Approved February 20, 1873.

AN ACT TO Regulate the Service of Process Issuing from No. 284.
TH^ SuPREMK Court.

Be it enacted by the Senate and House of Representatives of the
Stale of South Carolina, now met and sitting in General As?end)ly,
and by the authority of the same, That the Supreme Court of this supreme Court
State be, and is hereby, empowered to require the Sheriff of each snerurs to serve

1 /-I -I'-i 1 •• process.

and every County in this State, to whom any order or process issu-
ing from said Court may be directed, to serve and execute the same ;
and shall have the same power to enforce such service and execution, Empowored to

r^ _ _ ^ _ _ ' eniorce service.

and to punish default therein, as is now vested in the Circuit Courts
in process issuing therefrom.

Approved February 20, 1873.

AN ACT Concerning School Funds. No. 28-3.

Section 1. Be it enacted by the Senate and House of Reprosen-
tatis'es of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That the General sohooiTax;
Assembly shall levy, at each regular session thereof, an annual spe- whom collected,
cial tax, to be known and designated as the "school tax," on all
taxable property throughout the State, for the support and main-
tenance of Free Common Schools, which tax shall be collectetl at
the same time, and in the same manner, an«l by the same agents, as

354 STATUTES AT LARGE

A. I). i<i73. jj,g general State tax, ami which tax .shall be paid inU) theTixa.'^ury
' "^"^ of the State.
D version of Sec. 2. That it be declared a misdemeanor, ou the part of the
misJclnelnor. * State Treasurer, to apply or appropriate any funds or moneys de-
rived from, or collected or received on account of, said school tax,
fur any purpose or purposes whatever, except that of Free Com-
mon Schools; and, on conviction thereof, he shall pay a fine of not
less than live thousand dollars (So,000,) the same to be used for
school purposes., and shall be imprisoned at the discretion of the
Court.
furnlrccrtmJa Sec. 3. That the State Treasurer shall furnish to the State Super-
rBKmev8°r"^eivcd Inteudent of Education, annually, on or before the first Tu(sday of
s^hoorrax' °^ March, of each year, except the present year, which shall be the
first day of April, a certified statement, showing the amount of
moneys collected or received by him on account of said school
tax.

of^s7ho'^iFrd"! Sec. 4. That it shall be the duty of the State Superintendent of
Education to apportion, as the law specifies, the Free Common
School funds of the State among the several Counties thereof.

Sec. 5. That it shall be the duty of each County School Commis-
sioner to apportion, according to law, the Free Common School
funds of his County among the several school districts thereof: Pro-
vided, That any School District believing itself wronged by such
aj^ortionment may appeal to the State Superintendent of Educa-
tion, whose decision shall be final.
Hur°rs to report Sec. 6. That it shall be the duty of each County Treasurer to re-
tionl In<i°d^- port, monthly, on the fifteenth day of each month, to the County
Sctioo"' Fundi!.'' School Commissioner of his County, the amount of collections and
disbursements made by him for the mouth on account of poll tax
and all other school funds; and it shall be a misdemeanor, on the
part of any County Treasurer, to neglect, fail or refuse to make such
report ; and, on conviction thereof, he shall pay a fine of not less
than five huiiilrod dollars (SoOO.OO,) the same to be used for school
purposes in his County.

School Funds, Sec. 7. That all moneys disbursed by any County Treasurer, on

dUbureed."' "" accouut of school funds, or taxes, or poll tax, shall be paid on the

orders of Boards of School Trustees, countersigned by the County

School Commissioner: Provided, That accounts or claims of School

Proviso. ^ 1 1 1 •! 1 • 1 1

rrustees, fur enumerating school children, shall l)e paid on the orders

of the County School Commissioner.
County Trea- Sec. 8. That cach Countv Treasurer shall make out and forward
Superintendent" to the State Superintendent of Education, annually, on the first day
poll tax collect" of November, a certified statement showing, by school districts, the

ed.

OF SOUTH CAROLINA. 355

amount of |)oll tux and tlie amount of local or .-chool district taxes a.u. I873.
collected by him for tlu; fiscal year endinii; on tin; olst of October '^ ~

next preceding ; and should any County Trca.surcr fail, neglect or

refuse to make and forward the statement as herein required, the Pemiiiy for

, . 1 o T> ^ • 1 II 1 • npfflect or refu-

State .Superintendent or Jiiducation shall make out a written com- »ii.
plaint to the Circuit Solicitor for the County in which the .said
Treasurer resides, who shall prosecute the said County Treasurer
for the same, and on conviction thereof he shall be subject to a fine
of live hundred dollars (8500.00,) the same to be used for Free
Common School i)urposes in his County.

Approved February 20, 1873.

AN ACT TO Regulate the ArporxTMENT and Salahy of No. 28G.
Trial Justices in the City of Charleston.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That the Gov- Trial .Tn.=tice-;
ornor do apjioint, by and with the advice and consent of the Sen- office "' "™''
ate, five Trial Justices for the city of Charleston, and no more, to
hold their offices for the term of two years, unless sooner removed,
according to law : Provided, That during the rcce.^s of the Senate
the Governor may appoint either one or all of said Trial Justices, to ^"""^'so-
hold their offices, unless removed by him, till the end of the next
session of the Legislature, when the appointment shall cease, unless
confirmed by th(! Senate. If a vacancy occurs durinc: the session ,. .

■J o ^, acnncie«, now

of the Legislature it shall be filled only by the advice and consent fi"^"^-
of the Senate.

Sec. 2. That the Trial Justices appointed for thecitv of Charles- To rp^ide in

. ' town; iiftioos to

ton .-.IkiII reside in said city and keep their offices there, which shall bo open daily,
lie open, from day to day, for the transaction of business : "Pro-
vided, That the Trial Justices so appointed shall be commissioned
by the Governor in tlie following manner, to wit: Two for Wards 1 ^, ,

•^ o ' where locateil.

and 2, one for "Wards ') and 4, one for Wards 5 and 6, one for
Wards 7 and 8 ; and shall have their offices located in a central lo-
cation, convenient to the people of the Wards for wliich they aiv
appointed."

Sec. 3. That instead of the fees heretofore allowed b\' law, for Sninry, amount.

jI ni • 1 T .• • 1 • t' r ^^ 1 1 •. 1, , , • ""'i wh*n and

the irial Justices in the city ot Charleston, they .<hall each be al- where payable,
lowed a salary of twelve hundred dollars per annum, payable (juar-
terly, on the first days of January, April, July and October, by the

356 STATUTES AT LAKGE

A.i). 1S73. County Treasurer for Charleston County, out of tlie County funHs,

'^ ~ anil tliatall fees taxed and recovered, in criminal causes in the Courts

Dsposition of of ^^aid Trial Justices, shall he i'orthwith turned over to the County

'*'^''' Treasurer for the County of Charleston, and the said Trial Justices

Monthly ic- shall make to the Judge of the First Circuit a monthly report of all

^^^' fees, fines and costs recovered or collected by them during the said

month."

» „.«- . Sec. 4. All the appointments of Trial Justices, resident within

Appo'ntiTif n's II '

hprttoiorpma.ir, tl^e city of Charleston, heretofore made, shall cea.<e and determine

when to o»-ase. - ' '

on and after the first day of April next, and the Trial Justices pro-
vided for in this Act shall enter upon their duties upon that day.

Constables, Sec. 5. That the Trial Justices appointed for the city of Charles-
number of ; sa- . /-I 1 1 1 i_
lary tou may each appoint two Constables, and no more, to serve the

processes of their respective Courts, removable at pleasure ; the Con-
stables so appointed shall receive a salary of five hundred dollars
per annum, to be paid at the times provided for in Section 3 of this
Act.
Penalty for Sec. 6. That if either of the Trial Justices appointed for the city
oppr^ion, &cf' of Charleston shall neglect to attend to the duties of their oflices, or
shall be guilty of extortion or oppression in office, or shall fail to
pay over, as required by this Act, the fees and fines collected by him
in his office, he shall be liable to indictment therefor, and, on con-
viction, shall be liable to imprisonment for two years or a fine of
one thousand dollars, or both, within the discretion of the Court,
and shall be removed from office.

Sec. 7. The Trial Ju^itices so appointed shall give a bond of

Bond, Amount ii-in /. y n • ^ f ^ c x-i-

of and by whom twenty-five hundred dollars for the laithtul performance ot their
duties, the bond to be approved by the Judge of the First Cir"
cuit.

OFFICE SECRETARY OF STATE.

CoLUMBi.v, S. C, February 21, 1873.

The foregoing Act having been presented to the Governor of this
State for his approval, and not having been approved by him or re-
turned to that branch of the General Assembly in which it origi-
nated within the time prescribed by the Constitution, has become a
law without his approval.

(^Signed; II. E. IIAYNE,

Secretary of State.

OF SOUTH CAROLINA. 357

AN ACT TO Eni'orck tiii; Paymknf ok tiii; Poll Tax.

A. I). ik;3.

SiccTiON 1. lie it endcte.d by the Senate and House of Rcprc- ^o.li.
sentrttives of the State of South Carolina, n(j\v met and sitting in
(Jcneral Assemhlv, and by the authority of the same, That there ^

• -^ - One nollar ii«-

shall be asses.sed on ail taxal)le polls in the State an annual tax of "p-^ed on each

. . poll.

one dollar on each poll, the proceeds of which shall be applied to
educational purposes; and if any person shall refuse or negh-ct to
j)av saitl tax, before the expiration of thi; time fixed for the pay-
ment of all taxes, the County Treasurer shall, within twenty days
thereafter, furnish a list of all delinquent perils to the County Coin-
niissionors of the County. Where the persons so taxed and delin-
quent have no property to be distrained for the payment of said
poll tax, as authorized in the Act providing for the assessment and
taxation of property, approved September 15, 18G8, the person or
persons so delinnuent shall be subject to a penalty of double the Delinquents

n ^ ■ ^^ l /■ ■ l • l , tO be double

amount or their poll tax; and on lailing to pay the same, when taxed,
notified of the fact, within ten da\s after such notice, such person
or persons shall be required to work upon the highway or roads, in to woik on
their respective Counties, as the County Commissioners may direct, * ®^*"'**-
not exceeding three days.

Sec. 2. That said County Commissioners shall, after receiving county Com-
the delinquent poll lists, summon such delinquents to appear at uouf°°*'^deii'-
their office, and then and there give tliom the opportunity to pay JJnTtrleu ^'^^^
the double tax; and, on failing to do so, such delincjuents shall be
required to work upon the highways and roads of their respective
Counties as the County Commissioners may direct; and if the said
deliiKiuents, being personally warned by the said Commissioners, or
by written notice, served at their place of residence, shall refuse or
neglect, having had ten days' notice, to attend by themselves, or
sultstitutes ecjually able to perform said duties as themselves, or to
pay the double tax in lieu of said duties, or, having attended them-
selves, shall refuse to conform to the requirements of this Act, or Kefu'>iitot>'»y

I IT • f ^ r\ A t-\ ■ • 1 1 11 1 "r woik H nils-

obey the directions or the County Commissioners, they shall be dem.-i.i.or.

considered guilty of a misdemeanor, an(1, on conviction thereof, be

imprisoned for the same, in a County jail, ior a term nut less than

ten days.

OFFICE SECRETARY OF STATE,

CoLUMniA, S. C, February 21, 187o.
The foregoing Act having been presented to the Governor of this
State for his approval, and not having been approved by him, or

58 STATUTES AT LARGE

A.D. 1ST3. returiic'd to that branch of thu (Jcncial Assemhly in which it
^~^~'^'^''^^ originated within the time prescribed by the Coustitution, has be-
come a hiw without his appnjval.

(Signed) 11. K. HAYNE,

Secretary of State,

No. 288. AN ACT to Incorporate the Columhia Baptist Church, of

GUEENVULLE CoUNTY, SoUTH CAROLINA.

Section 1. JJe it enacted l)y the Senate and House of Represent-
atives of the State of South Carolina, now met and sitting in Gen-
Corporators. eral Assembly, and by the authority of the same, That the members
of the said Society be, and the same are hereby, incorporated and
made a body corporate, by the name and style of the "Columbia
Coi-poratenamc. j^^ptigt Cliurch," aud by that name and style shall have succession
of officers and members, aud shall have a common seal,
rowers and Sec. 2. That the said corporation shall have power to purchase,
privileges. receivc and hold, any real or personal estate, not exceeding in value

the sum of twenty thousand dollars, and to sell, convey aud dispose
of the same, aud to appoint agents, trustees, or other officers as its
legal representatives to perform such duties as may be assigned
them by said corporation, under this Act, and by its corporate name
may sue and be sued, in any Court of this State, and to make such
rules and by-laws, not repugnant to law, as it may deem necessary
and expedient.

Sec. 3. That this Act shall be deemed and taken to be a public
Act, and shall continue in ibrce until repealed.

Approved February 21, 1873.

No. 289. AN ACT to Incorporate the INIount Zion Cemetery Company,

OF Kinosthee, S. C.

Section 1. Be it enaded by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That Wm. Scott,
Corporatorf. Frederick Pendergrass, Lewis "Ward and Samuel Fulton, and their
successors in office and associates, be, and tluy are hereby declared
to be, a body jwlitic and corporate, under the name and style of the
Corporate name. " JNIouut Ziou Cemetery Company, of Kingstree, S. C."

OF SOUTH CAROLINA. SoU

Sr.c. 2. 'riiat the t<iii<l corixHiiliDii, hy its corporate name aforo- ^- "• '"'•'•
said, shall have succession of officers juid members, to be chosen ac- ''

cordiiif; to the rules and by-laws,. not rei)U";nant to the laws of the

" '' 1 , Powers ana

land ; to haveand use a common seal, and the sanu; at will to alter; privilege*.
to sue and be sued, plead and be impleaded, in the Courts of the
State; to purchase, hold and enjoy any lands, tenements or heredi-
taments, goods and chattels, which may be necessary, connected
with, or conducive to, the objects of said company, and the same to
alien and convey at pleasure.

Sec. 3. That this Act shall be deemed a public Act, and continue
in force until repealed.

Approved February 21, 1873.

AN ACT TO Incorporate the Huspaii Baptist Church, in No. 290.
Beaufort County, Soutpi Carolina.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That the mem- corporators,
bers of the said society be, and the same are hereby, incorporated,
and declared to be a body corporate, under the name and style of
the Huspah Baptist Church, and by that name and style shall Corporate name,
have succession of officers and members, and shall have a common
seal.

Sec. 2. That the said corporation shall have power to purchase, Powers and
receive and hold any real or personal estate, not exceeding in value pr'viie?e.«.
the sum of twc-nty thousand dollars, and to sell, convey and dispose
of th'; same; and by its corporate name may sue and be sued, in
any Court of this State; and to^iake such rules and by-laws, not
repugnant to law, as it may consider necessary and expedient.

Sec. 3. That this Act shall be deemed and taken to be a jtublic
Act, and shall continue in force until repealed.

Approved February 21, 1.S73.

AN ACT TO I*<corporate the Clinton Presryterian Church, No. 291.
IN Laurens County.

Section 1. Be it cnadi'd by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, That from and

360

A. I). is:3.

Corponitor.<.

Corporate name.

Powers
privileges.

and

STATUTES AT LARGE

immediately after the passage of this Act Messrs. R. D. Plummey,
W. B. Bell, E. T. Copelaml, ami all those other persons who now
are, or may become, members of the .said society, shall be, and the
same are hereby, incorporated, and are hereby declared to be a body
corporate, in deed an«l in law, by the name and style of the Clinton
Pre.-byterian Church, in Laurens County, for religious, educational
and charitable purposes, and by the said name, shall have perpetual
succession of officers and members, and a common seal, with power
to change, alter and make ik.'w tiie same as often a.s the said corpo-
ration shall judge expedient.

Sec. 2. That the said corporation shall be capable in law to pur-
chase, have, hold, receive, enjoy, possess and retain to itself, in ])cr-
petuity, or for any term of years, any laud, tenements, or heredita-
ments, or other property of what nature soever, not exceeding the
sum of fifty thousand dollars, or to sell or alien the same as the said
corporation shall think fit; and, by its said name, to sue and be
sued, implead and be impleaded, in any Court of law or equity in
this State; and to make such rules and by-laws, not repugnant to
the laws of the land, as for the order, good government and man-
agement thereof may be thought neces.'^ary and expedient.

Sec. 3. That this Act shall be deemed a public Act, and as such
shall be noticed in all the Courts in this State.

Approved February 21, 1873.

Ko. 202. AX ACT to Ixcorpor.\te the Cro&s Roads Baptist Church,

IX Pickens County.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
Corporators. eral Assembly, and by the authority of the same. That from and
immediately after the passage of this Act, all persons who now are, or
who hereafter shall or may become members of the said society, shall
be, and they are hereby, incorporated, and hereby declared to be a
body corporate, by the name and style of the Cross Roads Baptist
Corporate name. Church, Pickens County,and by the said name shall have succession
of officers and raemlKTs, and have a common seal.

Sec. 2. That the said corporation snail have pow^r to purchase,
receive ami possess any real or personal estate, not exceeilnig in
value the sum of two thousand dollars, or to sell the same ; and,
by its corporate name, to sue and be sued in any Court of this

Powers and

privilt>!,'-s.

OF SOUTH CAROLINA. .%1

State, nnd to inako such riilrs and hy-law.s, not repugnant to la\v,a.s a.i». 187C.
may be thouj^ht necessary and cxpcdifnt. '' ~'

Six'. ',]. That tliis Act shall bo deemed a public Act, and thall
continue iu force until repealed.

Approved February L'l, 1873.

Corporate naKc.

AN ACT TO Incorporate Tin; New Hope Mktuodist Church, Xo. 293.
OF Clarendon County.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That Rev. Sam- corporators,
uel Canty, Peter Johnson, Shelby Canty, Isaac Spann, Joseph
Logan and Peter Taylor, and their associates and successors, are
hereby made a bodv corporate and politic, under the name and „
style of the New Hope Methodist Church of Clarendon County,
with all the powers and privileges vested in such like corporations
by law ; to sue and be sued, plead and be impleaded in their cor- Powers and

1 1111 .11 Pri^ili'ges.

porate capacity ; to have a common seal, and alter the same at will ;
to enact such rules and by-laws, for the government of their body,
not repugnant to the laws of the land.

Sec. 2. This Act shall be deemed a public Act, and continue in
force until repealed.

Approved February 21, 1873.

Corporators.

AN ACT TO In-corporate the New Prospect Baptist Church No. 204.
AND High School, in Spartanburg County, S. C,

Section 1. Be it enacted by the Senate and House of Represent-
atives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, ami by the authority of the same, Tiiat William F.
]\IcDowe'l, Jason Wall, Booker Bomar, William T. Wilkins,
Henry Liles, James M. Brian, Samuel Lancaster, and Daniel Wil-
lis, Deacons of said Church, and their associates and successors in
office, be, and they are hereby declared to be, a body politic and
corporate, under the name and style of the New Prospect Baptist corporate name.
Church and High School, in Spartanburg County, and by the said
24

362 STATUTES AT LARCJE

A. 1). 187$. name may have a common seal, with ]i(j\ver to alter the same at

' ■ ' will.

Sec. 2. That said corporation shall have power to receive, pur-
priviiege"* "^ chase and hold any real or personal estate not exceeding in value
the sum of twenty th(. usanrl dollars, to sell, convey and dispose of
the same, or any part thereof, and by its corporate name to sue and
be sued, plead and be impleaded, in any Court of law or equity of
this State, and to make such rules and regulations, not repugnant
to the laws of this State, as may be deemed expedient.

Sec. 3. That for the peaceable and quiet exercise of the worship of
SoUiDB ardent Almighty God, and the protection of said High School, no person or

spirit •» "ear the i n i ii i ± -i i . . ' . . . ,.

school & church pcrsous bliall 06 alloweu to retail anient spirits or mtoxicatnig liquors,
'"^ '' ' to be drank within one mile of said Church an(i High School, and

all persons so selling shall be, and are hereby, 'made subject to the

same pains and penalties now in force for .selling li(|Uors without a

license.

Sec. 4. That this Act shall be deemed a public Act, and shall be

in force until repealed.

Approved February 21, 1873.

Corporators.

No, 295. AN ACT to Incorporate the Greenville Agricultural
AND Mechanical Association of South Carolina.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That Franklin
Coxe, Wm. Goldsmith, W. H. Perry, R. E. Bowen, O. P. .^lills,
^y. A. Hudson, W. T. Shumate, W. L. Mauldin, T. C. Gower, A.
iSIcBee, Sr., S. Ssvandale, Julius C. Smith, J. W. Cagle, M. L. Don-
aldson and Henry P. Hammctt, and their successors in office
and associates, be, and they are hereby, declared a body politic
Corporate name, ^"fl Corporate, Under the name and style of the Greenville Agricul-
tural nnd Mechanical Association of South Carolina, with a capital
stock not to exceed twenty-five thousand dollars, in shares of
twenty-five dollars each.

Sec. 2. That said corporation is hereby empowered to have and
pnwors and ^q ^,^g ,^ common seal, and the same to alter at ideasure ; to hold

pr.vileges. ' ' _ '

real and personal property, whether acquired by gift, devise* -or pur-
chase, and the same, or any part thereof, to alien, sell or transfer ;
to adopt such constitution, and pass such by-laws, not inconsistent
with the laws of the land, as may, in the opinion of the members

OF SOUTH CAROLINA. 'JOS

of said corporation, appctir best calculated to promote tlic aims and ■*• ^' '""'
(»l)j('cts thereof; to sue and be sued, plead and be inipb-adcd, in any
Cdurt of competent jurisdiction, and to have all other rif^ht.s, priv-
ileges and immunities that are now secured by law to corporate
bddios: Providrd. That the real and personal jiroperty of each Liability of
cnrporattir .<hall be liable' for the debts of said (lorporation, or as- ^to*^^!'''"'''*"'-
Ht,'Ms, in any amount not exceeding the par value of the stock held
l»y him.

Si;c. o. That this Ac£ be deemed a public Act, and shall have
force until repealed.

Approved February 21, 1873.

AN ACT TO Amexd an Act entitled "An Act to Author- No. 296.

IZE THE FOUMATIOX OF, AND TO INCORPORATE, THE LaURENS
AND ASHEVILLE RaILROAD."

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That Section 1 of the Act enti-
tled " An Act to authorize the formation of, and to incorporate, the
Laurens and Asheville Railroad," approved March 18, 1872, be,
and the same is hereby, amended so as to read as follows, to wit :
"That J. R. Fowler, Wra. ]\Iill3, Lanson Owens, Samuel Fleming, corporator.-^.
William H. Langston, Y. J. P. Owens, J. Crews, W. E. Earle,
TlioMias M. Cox, Alexander Isaacs, Wilson Cook, Alex. McBee, H.
V. Ilammett, L. Williams, Hewlett Sullivan, James P. Moore, and
their associates and successor.s, be, and' they are hereby, declared a
l)ody [)olitic and corporate, under the name and style of the Colum- Corporate name,
bia, Laurens and Asheville Railroad Company, for the purpose of
eonstructing a railroad from the city of Columbia to the town of

T 1 I /• /-# Ml 1 1 1 Line of real.

Laurens, thence to the town or (jrreenville, and thence toward
As-heville, N. C, by the most direct and po.>'sible route : Providi'd, rroviso.
further, That the said company may unite or connect with any
railroad now in operation or hereafter to be built, connecting with
the city of Columliia, or Port Royal, which connection shall ibrm
a part of said road as hereby proposed to be built."

Approved February 21, 1873.-

364 STATUTES AT LARGE

A. D. 1S73. ^Y>f ACT TO CONSTiaCT A WnAItF AT RoCK VlLl.K, AND FOH

^T^C^ Other Purposes.

>o. 21>7.

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met aiici sitting: in (Jeneral A>senjbly,

Wharf nt Rock- and by the authority of the same, That Jolin li. Connor and Peter

maiaw ifiand. ' Toglio be, and are hereby authorized to build a wharf, to deep water,

in front of the public road leading through the village of Rock-

ville, on Wadmalaw Island, to collect wharliige on the same, and to

use, sell or lease said wharf for their own separate use and behoof,

subject to any laws now existing, or hereafter to be made, in relation

to said property.

Approved February 21, 1873.

cewed.

Xo. 298. AX ACT to Renew and Extend the Charter of the St,
Matthew's Evangelical Church, of Orangeburg County.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Grene-
charter re- ral Assembly, and by the authority of the same, That the charter
heretofore granted to the St. Matthew's Evangelical Church, of
Orangeburg County, be, and the same is hereby, renewed and ex-
tended, with all the rights, powers and privileges heretofore granted
to said church.

Sec. 2. That all acts done, or authorized to be done, by the offi-
Acts done Ta- cers of said church, since the expiration of their former charter, be,
and the same are hereby, declared valid and binding in all respects
and to all intents.

Sec. 3. That this Act shall be deemed a public Act, and shall
continue in force until repealed!

Approved February 21, 1873.

lidated

Xo. 299. AX ACT to Amend Section 6 of Chapter LXII of the Genk-

ral Statutes.

Be it enacted by the Senate and House of Representatives of the

State ©f South Carolina, now met and silting in General Assembly.

inyurance Com- and by the authority of the same, That Section 6 of Chapter LXII

out'iicen?efiom of the General Statutes be amended so as to read as follows: "That

Genwai!'^"''^'^ it shall not be lawful for any agent of any insurance company in

the United States, or any foreign State, not incorporated by the

OF SOUTH CAROLINA. 365

laws of this State, to take ris^ks or (ransact any husiness of iiisur- a. i>, i873.
aiire in this State, without first obtjiiiii:);^ a license from the Comp-
troller General, whieh license shall expire on the thirty-first day of
March of each year; and, for every such license, the company or
a<,H'nt takini^ out the same s^hall pay, or cause to lie paid, to the ««"
Coiiiptroller General the sum of five dollars."

Approved February 22, l<S7o.

Amfjtint of 1.-

AN ACT TO Alter and Amend an Act entitled "An Act to Xo. 300,
Re-Charter the Town of Frog Level."

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and l)y the authority of the same, That the name "Frog Level," "Prosperity"

,". • 1 k T . ' ^ 1 lii i<T-» inserteii in lieu

wherever it occurs in the Act, be stricken out, and the name rros- of "i-rog Level."
perity" inserted.

Approved February 22, 1^73.

AX act to Incorporate the Garrison Light Infantry, of No. 301.
Charleston, S. C.

Section 1. Be It enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That Thomas corporators.
JJamfield, W.' A. Hord, Wm. Wilson, L. G. Brown, T. A. Hall, and
their associates and successors in ofHce, be, and they are hereby,
created and constituted a body politic and corporate, under the name corporate name,
and style of the Garrison Light Infantry, of Charleston, S. C, with
a capital stock not exceeding the sum of five thousand dollars, with
a right to sue and be sued, plead and be inipleaded, in any of the
Courts of the State, to have and to use a common seal, and tHesame . f"'*''"" "°*
at will to alter, and to have and enjoy all other rights and privileges
that now are, or may be hereafter, secured by law to like incorpo-
rated bodies.

Sec. 2. Ttiis corporation shall enjoy all the rights and jirivileges
■-ecured to corporations under the Act to regulate the formation of
corporations, and be subject to the liabilities tlicrt-iii prescrit)ed, so
f»*-" ."xs annlicable.

366 STATUTES AT LARGE

A. D.1S73. Src. 3. That this Act shall be deemed apiihlic Act, and continue

in force until repealed.

Approved February -'2, IHIS.

No. '302. AN ACT to IxcoRroKAXE the Caxaan Baptist Church, in
Beaufort County, South Carolina.

Section ]. Be it enacted by the Senate and House, of Ilepre.sen-

tatives of the State of South Carolina, now met and sitting in Gene-

Corporators. ral Asseiublv, and by the authority of the same. That the members

of the said society be, and the same are hereby, incorporated and

declared a body corporate, under the name and style of the Canaan

Corporate name, -r, . ^,, , i i i i i i n i . /.

Baptist Church, and by that name and style shall have succession oi
officers and members, and shall have a common seal.

Sec. 2. That the said corporation shall have power to purchase,
Ppwers and receive and hold any real or personal estate not exceeding in value
the sum of twenty thousand dollars, and to sell, convey and dispose
of the same, and by its corporate name may sue and be sued in any
Court of this State, and to make such rules and by-laws, not repug-
nant to law, as it may consider necessary and expedient.

Sec. 3. That this Act shall be deemed and taken to be a public
Act, and shall continue in force until repealed.

Approved February 22, 1873.

privileges

No. 303. AX ACT to Incorporate the Lincoln Rifle Guards, of

Kingstree.

Section L Be it enacted by the Senate and House of Represen-
tatives of the State of S^uth Carolina, now met and sitting in Gen-
Corporators, ^ral Assembly, and by the authority of the same, That F. D. J.
Lawrence, John Pendegrass, James Thorp, and the several persons
who now are or may hereafter become niembers of the Lincoln
Rifle Guards, of Kingstree, be, and they are hereby declared to be,
a body politic and corporate, under the name and style of the Lin-
coln Ritle Guards, of Kingstree, and that the said corporation may,
Cor orate name ^^ ^^^ Corporate name, sue and be sued, plead and be impleaded, in
any of the Courts of the State, and shall have all the rights, and

OF SOUTH CAROLINA. 367

be subject to all llie liabilities, that now arc or may iK'rcai'tfr be a.d.iht.i.
granted to, or iinposcd by law, on incorporations of like nature. j, ^

Skc. 2. This Act .shall be <leiiiie(l a public Act, and reniaiu in pnviugtf.
force until repealed.

Approved February 22, 187)].

Corporators.

AN" ACT TO IXC0R1'0RA.TE THE WiLSOX ArTILLEUY COMl'ANY, ^O. 304.

OF Chahlkston, S. C.

Section' 1. Be it enacted by the Senate and House of Represent-
atives of the State of South Carolina, now met and sittinji; in Gen-
eral Assembly, and by the authority of the same, That Henry Z.
Burckmeyer, Allen McCloud, Charles Lockwood, and their a.sso-
C'iates and successor.?, be, and they are hereby, incorporated and
declared a body politic and corporate, by the name and style of the
Wilson Artillery Company, of Charleston, S. C, and by that name Corporate name,
and style shall have succession of officers and members, and shall
have a common seal, may sue and be sued in any Court of this powers and
State ; they shall have power to make all necessary rules and by- p''" ''*'*?'-''*•
laws, not repugnant to law, and shall have, use and enjoy all other
rights, and be subject to all other liabilities incident to bodies cor-
porate.

Sec. 2. That this Act shall lie dctfcied and taken to be a jiublic
Act, and shall continue in force until repealed.

Approved February 22, 1873.

AN ACT to lNcora>oi:ATE the Independent Fire Engine Xo. 305.
Company, of Florence, South Carolina.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same. That J. Gamble,
P. R. R. M. Satters, W. K. IVarsall, James E. Chase, J. R. Hus-
band, J. Kcoker, and their a.«sociates and successors in office, be,
and they are hereby, created and constituted a body politic and
corporate, by and under the name and style of fhe IniK-pendi-nt Corpomtcnome.
Fire Engine Company, of Florence, South Carolina, with a capital

Corporators.

STATUTES AT LARGE

stofk not exceeding the suni of ten thousaml dollars, with the right
to sue and be .sued, to i)lead and he im])Ieaded, in any Court of
common jurisdiction, to have and to use a c<mimon .<eai, the same
to alter at will and pleasure, and to have and enjoy all other rights,
Powers and privileges and immunities that are now, or may be hereafter, secured
pnv.ieges. ^^^ ,.^^^. ^^ jjj.^ Incorporated bodies.

Skc. 2. This corporation shall enjoy all the rights and privileges
secured to corporations under the Act to regulate the formation of
corporations, and be subject to the liabilities therein prescribed, so
far as applicable.

Sec. 3, That this Act shall be deemed a public Act, and .shall
continue in force until repealed.

Approved February 22, 1873.

No. 306. AN ACT to Amend the Charter of the Town of Chester.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
" Twenty-five" eral Assembly, and by the authority of the same. That Section ten

inserted in lieu /,^, ,. , .' • i i ,, i » i i i i

often." (10) or the Act entitled "An Act to renew and amend the charter

of the town of Chester," approved ^Nlarch 26, A. D. 1869, be, and
the same is hereby, amended l^ striking out the word "ten," in the
sixth line thereof, and inserting the words "twenty-five" in the place
thereof.

Sec. 2. That the Town Council of Chester shall have power to
Powerto widen widcn any of the streets of the said town, and, if the owners of land

wwa? "* ^"^ whose property will be afJected thereby, refuse to cede so much land
as may be required for that purpose, the said Town Council may
condemn such land, in the same manner, and by like proceedings,
to those provided by the "Act to declare the manner by which the
lands, or the right of way over the lands of persons or corporations
may be taken f)r the construction and uses of railways and other
works of internal improvement," approved September 22, 1868.
Sec. 3. That said Town Council shall have the right to prevent
May prpTcnt the erection of any wooden or frame buildings on the Main street of

buTidi"n"^9 oncer- the Said town, from the corner of Centre street, on the north side

tain streets. ti^g^eof, and aloug both sides of York street, to the corner of Wylie
street, and on the south side of said Main street, as for as the lower
corner of the briek buihling the property of John L. Chambers, and

OF SOUTH CAROLINA. 309

shall have power to make any orilinaiice to enforce said right, not ai'1«"3.
inconsistent with the Constitution ami laws of this Stiite. '~

8i:c. 4. All Acts, or parts of Acts, inconsintent herewith, arc
lierehy repealed.

Approved l'\'l)ruary 22, 1873.

AN ACT TO PuoviDE FOR Purchasers of Land, at Salks Ko. 307.
Made foii Non-payment of Taxes, Being put into Posses-
sion-of THE Same. •

Be it enacted by the Senate and House of Representatives
of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That whenever mrehaser of
lands are sold on account of the non-payment of taxes, the pur- pnnVied' toTir*
chaser thereof, to whom a conveyance is made, shall have the right "on'"'* vo^aes-
to immediate possession of the same; and it shall be the duty of the
Shoritfof the County, where said lands are situated, after ten days' purehLl" in"'
notice beinggiven, uponcomplaint made, and exhibition of the deeds possesion,
of conveyance, to eject persons unlawfully holding over, and to put
said purchaser into possession ; and any person or persons who will „ . ,. „^
resist the Sheriff, or refuse to vacate, shall be deemed guilty of a ""^ » uiisdemea-
misdemeanor, and punished by imprisonment not less than six (6)
months, and no more than twelv^e (12) months: Provided, hoiv- Proviso.
ever, That if the person or persons holding over, and claiming pos-
session, shall, within ten days from the execution by the Sheriti'of
the summary powers conferred by this Act, file in the office of the
said SherifTthe tax receipt, or a certificate from the Countv Treas-

.,..,, • 1 1 ' • Action of Sher-

urer, certifying that tiie tax or taxes were paid ou the property in iff nuu and
question, and for the year or years for which sold, thereupon the ceipt is eihib-.-
action of the Sheriff shall be nu/l and void: And provided, further,
That in case of tenants holding under leases, they shall not be ejected ieas!s"not "o he
until the expiration of the same, unless they refuse to attorn to said tusing to^uttoni*
purchaser or j)urchasers.

Approved February 22, 1873.

AX ACT TO Revise and Amend an Act entitled "An Act to Xo. 308.
Reduce all Acts and farts of Acts to Determine and
Perpetuate the Homestead into one Act, and to Amend
THE Same."

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met an<l sitting in General
Assembly, and by the authority of the same, That the family home-

370 STATUTES AT LARGE

A. D. 1S73. gtead of the head of oac'i family residinf^ in this State, such home-
. , , stead consistinj; of dweliinK-houHe, outliuildin^'.s and hinds aiJimrtc-

llonjfstead— of " 15 ' f> 11

^^t^i^ot^oa^.n- nant, not to exceed the value of one thousand dollars, and yearly

value of. ' J .

product thereof, shall be exempt from attachment, levy or sale, on

Exempt from • ' ' » .' '

afa hm.nt.icvy any mcsne or final process issued from any Court upon any judg-
ment ol)tained upon any ri<,'ht of action, whether arising j)revious
or subsequent to the ratification of the Constitution of the State of

sheritr to Ret off South Carolina; and it shall be the duty of the Sheriff, or other

homestead. n< t ,• ■ • 1 1 n

omcer, berore executing any process agauist the real estate ol any

head of a family resident in this Stat(^ to cause a home:itead, as

above stated, to be set off to said person in the manner folloAving, to

Appraisers— ^vit: He shall cause three appraisers to be appointed, one to be

mannt-r of ap- * ' ' ' [

puiutmint of. named by the creditor, one by the debtor, and one by himself, who
shall be discreet and disinterested men, and in no wise related to
either party, resident in the County, and who shall be sworn by a
Duties Trial Justice or other officer authorized by law to administer oaths,

to impartially appraise and set off, by metes and bounds, a home-
stead, not to exceed in value one thousand dollars; and said ap-
praisers shall make return of their action in the premises, under
their hands and seals, to the Sheriff or other oflicer, within ten days
after the assignment and set off is made, for record in Court, giving
the metes and bounds, as well as the value of the homestead so set
off", for which purpose they shall be authorized to call in the aid of

May call in sur- g^ gurveyor, if they, or a majority of them, deem it necessary. And

if no complaint shall be made by either party, within thirty days

Troceedings— after the retum of the appraisers has been filed, the proceedings in

wen na. the case shall be final: Provided, Thut, upon good cause -shown,
■When Cjurt within thirty days after filing the return of said appraisers, the

pnu^emeiit'^.*' "^ Court out of which the jirocess issued may order a re-appraisoment

and reassignment of the homestead by other appraisers appointed

by the Court: And provided, further, That should the creditor or

„ debtor neglect or refuse, after ten days' notice from the officer in

When ehmff ° . •' .

may appointap- ^vhose hauds the process is lodged, to nominate an appraiser, then

praiser, ' ,

the said officer shall appoint the same.

Sec. 2. That when thirty days shall have elapsed after the filing

■When dchtor . . * " . .

may havertturn the rctum of Said appraisers, setting off a homestead to any debtor,

recorded. , , , ,

according to the provisions of Section 1 of this Act, and no good
cause has been shown, or exceptions filed against such return, such
debtor may have such return recorded in the office of the Register
of Mesne Conveyance of the Ct)unty in which the same is located ;
Title, when dis- aud upou such rctum being so recorded in thirty-three days after
debii of deUor. the proceedings have become final, the title to the homestead so set
off and assigned, shall be forever discharged from all debts of said
debtor then existing or thereafter contracted.

OF SOUTH CAROLINA. 371

Sr.c. 8. TliJit wlu'iicvcr, in tlic iissij^n merit of ji homestoiul, a<j)r(i- a. d. ih73.
viilcil in Section 1 of this Act, the apprai.-^cr.s shall find that the
prcriiiscs, inchulini' the flwollinjT house and out house?, exceed the if pfnuw-s ••x-

i ' ~ ~ ' CffU v.iliiuol line

value of one tlutu.sand dollars, and that the same cannot be divided «hous.tii.i .loiNrs

Sheriir to notify

without iniury to the remainder, they shall make and si^n, under heu.i oi family
oath, an appraisal thereof, and deliver the same to the Sheriff, who
shall deliver a copy thereof to the head of the family claiming the
homestead, or to some member of the family of suital)le age to un-
derstand the nature thereof, with a nutico attached, that unless the
person so claiming the homestead shall pay to said Sheriff the sur-
plus of the appraised value over and above one thousand dollars. Upon failure to
Within sixty days tlicreaiter, such premises will be sold, and on uesoid.
failure to pay such surplus in the time limited, the Sheriff shall ad-
vertise and sell the said premises, and, out of the proceeds of such
pale, shall pay into the ofHee of the Clerk of the Circuit Court one
thousand dolljirs, which shall be applied, unrler the order of the
Circuit Judge, upon the application of the hcadof the family, in the
purchase of a homestead of that value. The residue in the hands rwJ^unn'sue'h
of the Sheriff, if any, after paying all expenses incident to the ap- '^"="^-
praisement and sale of the proj)evty, shall be applied by him to any provis
executions in his hands, according to law: Provided, That no sale
shall be made unless a greater sum than one thousand dollars shall
bo bid therefor: Provided, further, That if, after notice, the party
claiming the homestead pays, or causes to be paid, thd surplus over if p^^ty ciaim-
one thousand dollars, he shall, upon recording the return and re- P'ys surplus,

, property to be

ceiptofthe Sheriff for such surplus, endorsed on said return, as dis<h«rBe«i from

• \ ^ • r^ • n f \ • k. 1111 • 1 debts then exist-

provided in Section 2 or this Act, hold the property so appraised ins.
and set off, freed and discharged from all debts and demands then
existing against such parties; but as to such surplus not from debts
thereafter contracted, like proceedings to the foregoing being in such
case allowable for the recovery of all after contracted debts.

Skc. 4. If the husband be dead, the widow and children, if the w-i.'ow and chii-
fatlier and mother be dead, the children living on the homestead, honuitwid.'^'* ***
whether any or all such children be minors or not, shall bo entitled
to have the family homestead exempted in like manner as if the
hii>baiid or jiaronts were living; and the homestead so exempted iiomestond so
shall be subject to jKirtition among all the children of the head of to partition,
the family in like manner as if no debts existed: I'roridcd, That no

• • " 1-1 1 11 1 I -11 1-11 'When pxrtition

paititioil or sale in that ease shall be made until the youngest child nmy lemade.
becomes of age, unle.«s, upon proof satisfactory to the Court hearing
the case, such sale is deemed best for the interest of such minor or
minors.

Sec. 5. No waiver of the right of homestead, however solemnly Xo waiver of
executed, shall be binding ujjou the head of the family, or, iu case

372 STATUTES AT LARGE

A. D. 187:5. f^f jjj^ pp ],^,,. (]^,.i(i,^ ]^\^ „,. ],,.,. iicirs, .v(» as to dc-fc-at the homestead

'* liorein provided fur.

Kv,iiii>tion of Sec. G. The personal property of the head of any family, residing
!n.v° froi/u'tl Jn this State, consisting (»r tlie yearly products of his or her home-
ImibTiir' '"^'^ stead, and of the property subject to exemption under the Consti-
tution, shall be exempt from attachment, levy or sale : Provided,
That in case the right of such exemption be disputed by the credi-
tor, the officer in whose hands the process is loilged shall cause the
same to be ascertained and appraised, and all exempted property so
ascertained and appraised, by appraisers appointed and sworn for
that purpose, as provided in Section 1 of this Act, shall vest abso-
lutely in the party freed from all debts of the debtor then existing,
or thereafter contracted, whether such debtor retain or sell the pro-
Provito. perty: Provided, further, That a debtor, being the head of a family
as hereinbefore stated, and not being the owner of any homestead,
shall be entitled to a like exemption of personal property, as herein
allowed to the owner of a homestead, to be ascertained in the same
manner.
Homest .Id— ^^^" ^' ^^^^ ^^^^ exemptions contained in the preceding Sections
when >iii.jiot to of this Act shall not extend to an attacliment, levy or sale on anv

attachnl^nt, levy •'

andsa.e. mcsne or final process issued to secure or enibrce the payment of

taxes or obligations contracted for the purchase of said homestead,
or obligations contracted for the erection of improvements thereon :

in^uch cases'"'^' Plroi'tc/cf/, The Court or authorit}' issuing said process shall eertifv
thereon that the same is issued for some one or more, and no other,

duct— w^'en s"^b- '^^ ^^'^ purposes : Provided, further, The yearly product of said

ject as above. homestea<l shall be subject to attachment, levy and sale to secure or

enforce the payment of obligations contracted in the production of

the same, but the Court issuing the process therefor shall certify

thereon that the same is issued for said purpose, and no other.

Sec. 8. AVhenever the head of any family, widow or children

When Probate "^ " i i • i ■

JiiJge may set shall be entitled to an estate orn-ight of homestead as hereinbefore

off homestead. • ^ ■, ■, i , i i i • i n^

provided, and no process has been lodged with any orncer against

such homestead, the party or parties entitled to such homestea<l

may apply at any time, by petition to the Judge of the Probate

To Rive notice Court, to havc the same appraised and set off. The Judge of Pro-

and appoint uy- i , i n , ,, ■ ■ i i- • i i ^' • i

piaisers. bate shall, thereupon, after giving public notice liy advertising tlic

intention of such party or parties to have his or their homesteads
set off for thirty days in a paper published in the County when' tlic
land lies, and in case no paper is published in the County, llieii by
posting the notice on the door of his ofKce, and in three other pub.
lie places, for a like length of time, appoint three disinterested per-
sons, resident in the County, who, having been duly sworn, shall
proceed to appraise and set off, by metes and bounds, such home-

OF SOUTH CAROLINA. 373

stead, !Ui<l make return (o him. If no cdniplainl uliall l)c made hy -\.i). isti.
any cndilor, or other ijcisdu intercxtcd, a'Min.et said appraisal and ,, ^ "7.

■' _ ' ... If no coinplnint

sc-ttinir oir of the liotneatead, within thirty day.s after tin- return of ''' """*''• Ju-'Ke

" ' •' J to conllrm a|,-

the ajjpraiserri, the same shall be eoiifirmed by the Judge and ordered I'mi^ai.
aci'ordini^ly : Provided, That no appraisement shall be made or re- proviso,
turn filed until the notice ha.s expired. J'ersonal property, to the
e.\tent and of the kind hereiubofore stated, may be exempted and set
oil" in like manner.

Sec. 9. That one-third of tlie yearly i)roeeeds of every ])crson ,, ... . ,

-' -' * •' i » One-fhlr-l of

not berng the head of a family, of every avocation, without regard y"'"'.^ product

~ . . exeiiipt.

to valuation, character or condition of products or earnings, shall

be exempted from attachment, levy and sale, except to enforce the

payment of taxes.

Sec. 10. That no Sheriti' Constable, or other officer, whose duty Penalty for no.
. . ■ -. • , 1, 1 . , , '"•""-' '"e Cm-

It IS to enrorce executions, shall proceed in any other manner than '•t'tuUnn and

is prescribed in this Act; and should any officer sell any real estate
or sell or remove any personal property, in violation of the provis-
ions of thisf Act, and of Section 32 of Article II of the Constitu-
tion of the State of South Carolina, he shall be guilty of a misde-
meanor, and, on conviction thereof, shall, for the first offense, be
fined in a sum not less tlian five hundred dollars, (8500,) nor
more than one thousand dollars, (Sl.OOO,) and, upon conviction,
lor the second ofl'ense, his office shall be deemed vacant ; and, in
either case, he shall be lial)le, in damages, to the parties injured, for
all injuries, by reason of his wrongful levy or sale.

Sec. 11. Appraisers appointed to set off" the homestead under this compenssifion of
Act shall receive as compensation for such service two dollars each *PP"*>*ers.
per day, and five cents a mile for every mile of necessary travel. sheriff
The fcherilf shall receive five dollars for all services incidental to
setting off the homestead, but exclusive of all necessary disburse-
ments. The Trial Justice or other officer who qualifies the apprais- '^'■'"' •'""<•'-■
ers, shall receive for such service seventy-five cents, and five cents a
mile for every mile of necessary travel. The foregoing fees shall Fees -out of
be paid by the officer executing the i)rocess, out of the property of to be*i);iK[.°''^ '
the debtor, or, in case of the homestead set off* to the widow or
minor childien, out of the estate of the deceased, by the executor
or administrator thereof: Provided, That the officer, before setting bo "liTin'Vd"
offT the homestead and exemption, in any case, shall be entitled to ^'"^*'
demanil and receive from the plaintiff" in execution, in advance, a
sum of money sufficient to cover the neee.<.>=ary fees and costs herein
allowed. Whenever a homestead is set off, as provideil in Section 8 compensnion or
of this Act, the Probate Judge shall receive as compensation five ^'"'^^^'' •'"'''^''•
dollars for all services, including the record of the proceedings, but
excluding the advertising, which shall not exceed five dollars, and

374

STATUTES AT LARGE

<;lause,

A. i).is:3. which fees and costs sliall be paid, in advance, by the party claiming
"" ^ ~ the homestead and exemption.

Krpeaiing ^Kc. 12. All Acts and parts of Acts inconsistent witli or supplied
by this Act, be, and the same are hereby, repealed.

Approved February 22, 1873.

No. 309. -A-N ACT to Kevive and Amend the Charter of the Ap-
prentices' Library Society, of Charleston.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
Charter revived, and by the authority of the same, That the charter of the Appren-
tices' Library Society, of Charleston, be revived and extended with

>ame changed. ./ ./

all the rights, privileges, properties and powers, jieretofore granted
and enjoyed, and that the name of said society be changed to the
Apprentices' and Minors' Library Societ/.

Approved February 22, 1873.

No. 310.

Corporators,

Corporate name.

Vowers and
privileges.

AN ACT to Incorporate the Scott United Blues, of the
City of Charleston.

Section 1. Be it enacted by tlie Senate and House of Representa-
tives of the State of South Carolina, now met and sitting in General
Assembly, and by the authority of the same, That H. L. Benford,
M. D. Brown, B. McPher.-on, Proctor, Robert Smith, S.

Goodwine, and their associates, be, and they are hereby, incorpo-
rated a body politic, under the name and style of the " Scott United
Blues, of the city of Charleston."

Sec. 2. That the said corporation hereby created and established,
shall have succession of officers and members according to its by-
laws, and shall have power to have, keep and use a common seal,
and the same to alter at will ; to sue and be sued, plead and be im-
pleaded, in any of the Courts of this State; and to have and enjoy
every riglit, power and privilege incident to such corporations; and
it is hereby empowered to take, hoM, retain, possess and enjoy all
such property, real or personal, as it may acquire by purchase,
right, devise or bequest, or in any other manner whatsoever, and the
same or any part thereof to sell, alien, incumber, mortgage or con-

OF SO IT 1 1 ("Alio UN A. 375

vey at will : 'Provhhd, That tiic aiiicmiit of property, real or perso- ^•"- '*""•
Dal, so held, slmll imt, at any one time, exceed the sum of ten '

thousand dollars.

Skc. 3. That this Act hliall he deemed and taken to l)e a public
Act, and .shall continue iu force until repealed.

Approved February 22, 187.'>.

AN ACT TO Amend an Act Entitled "An Act to Renew No. 311.
AND Amend the Charter of tiik Town of Walterboro."

Be it enacted by the Senate and House of Ilepreseutatives of the
State of South Carolina, now met and sitting in General A^^sembly,
and by the authority of the same, That an Act entitled " An Act to
renew and amend the charter of the town of Walterboro," approved
March 1, 1870, be amended by .striking out, in the second Section ''Fir-st" inpert-

' ' JO' ed in lieu tf

of the Act, the word " second," and inserting the word " first." "second."

Approved February 22, 1873.

AN ACT TO Incorporate the South Carolina Agricultural No. 312.
AND Mechanical Society.

Section 1. Beit enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That T. W. corporators.
Woodward, Johnson Hagood, J. P. Thomas, Wm. Wallace, D.
Wyatt Aiken, Samuel W. Melton, R. C. Shiver, J. M. McKay, J.
1). Robertson, Joseph Crews, S.^J. Lee, D. H. Chamberlain, L. T.
Levin, W. H. Jimes, Jr., associated in a society for the j)urpo.se of o^Jtlun **' *^*"^"
promoting the entire material interests of the State, be, and the same
are hereby declared to be, a body politic and corporate, under the

, r^ Corporate naoBC.

name and style of the South Carolina Agricultural and Mechanical
Society, and as such shall bo authorized to u.sc a common seal, sue
and l)e sued, to jileatl and be impleaded, under the said name and prinicjew." "^
style, and to adopt such a constitution and pass such by-laws, as
may, in the opinion of the menibers of said Society, appear best cal-
culated to promote the aims and objects of the said Association.
Skc. 2. That said Society is hereby authorized to purchase and

37G

STATUTES AT LARGE

A. D. 1873 jj(,i(^ real estate not to exceed the valut' of sixty thousand dollars,
~! ^ and the same to sell and mortf'afre at will.

May acquire no

or dispose oi Skc. 3. Tlus Act sliall be (li'eined a public Act, and shall cun-

property. . . „ ., , ,

tinue in lorcc* until repealed.
Approved February 22, 1873.

Corporate name.

Is^o. 313. AX ACT to Incorpohate thk Bryan Light Infantry, of

CiiAULESTOX County.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That Smart
Corporators. Qi^dden, Bristow Smalls, Jarae.^ Ilorlbeck, and the several persons
who now are, or may hereafter be, officers and members thereof,
and their successors, officers and members, be, and they are hereby
declared to be, a body politic and corporate, by the name and style
of the Bryan Light Infantry ; and that the said corporation may,
by its corporate name, sue and be sued, implead and be impleaded,
in the Courts of this State ; and shall be able and empowered, in
Powers and ^^w, to purchase, have, hold, enjoy and possess any goods, chattels,
privileges. ]ands, tenements or real estate of whatever kind or nature soever;

and the same, or any part thereof, to sell, alien or convey at plea-
sure: Provided, however, That the property so held shall not ex-
ceed the value, at any one time, of ten thousand dollars.

Sec. 2. That this Act shall be deemed and taken to be a public
Act, and shall continue in force until repealed.

Approved February 22, 1873.

Xo. 314.

AN ACT TO Lay Out and Establish a New Road in Union

County.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That a new road be, and the

Public roid : , , , ,. , i i i- i • i • tt • /^i

same is hereby, established, as a puhlic highway, in Union County,
leading from iSIary J. Davis ,ou the Smithford road, to McPher-
to lay out road, son's, on the Rutlierford road, and that John D. Jeffiies, Z. Phil-

cstabiished.

OF SOUTH CAROIJNA. 877

lips, William IJyars, 'l'li;)n):is M. Littlrjolui iiml 'riioinas Spencer, be, ^- '*• "'"3-
aii(i iire hereby, appointed Coramissiouer.s to lay out aiul e!?tabHsh
said road.

Approved February 22, 1S73.

AX ACT TO Chaxge the Name of Frank Simpsox, of Anukr- -^q 325
SON County, to Frank Carter.

Be it enacted by the Senate and House of Representatives
of the State of South Carolina, now met and sitting in General
Assembly, and by the authority of the same, That the name of Frack simr-
Frank Simpson, of Anderson County, is hereby changed to Frank <i..in^'(Ki to
Carter, and that hereafter the said Frank Simjison shall be known
and called Frank Carter.

Approved February 22, 1873.

AX ACT to Incorporate THE Wadmalaw Riflemen, and the ]s^^^ ojg
Edisto Riflemen, and also the Sumner Light Dragoons,
all of Charleston Coitnty.

Section 1. Be it enacted by the Senate and House of Representa-
tives of the State of South Carolina, now met and sitting in General
Assembly, and by the authority of the same. That Edward Coipiratorsand
Petty, Charles Boyken, Richard Forbes, Isaac Gadsden, and Robert ^"^ enameb
Nixon, under the name and style of the Wadmalaw Riflemen, and
that James Hutchinson, Toney Geddes, Jack Filmore, and Jonas
Cirant, under the name and style of the Edisto Riflemen, and also
W. II. Beruey, W. H. Thompson, John Bonum, and A. P. Ford,
by the name and style of the Sumner Light Dragoons, all of
Charleston County, and their successors and associates, be and they Powers and
are respectively incorporated and made and declared a body poli- •'"^''^K''*-
tic and corporate, in deed and in law, and, as such body politic,
shall, each one of them, have the power to use and keep a common
seal, *and the same at will to alter, to make all necessary by-laws,
not repugnant to the laws of the land, and to have succession of
orticcrs and members, conformable to such by-laws, to sue and be
sued in every Court of this State, and to have, use and enjoy all ,
25

STATUTES AT LARGE

otiier rights, aiul be subject to all other liabilities incident to bodies
corporate.

Sec. 2. That this Act shall be deemed and taken to be a public
Act, and shall continue in ibrce until repeulc-d.

Approved February 22, l.sTo.

No. ol7. AN ACT TO Incorporate THE Ford Riflemen, of Charles-
ton, South Carolina.

Section 1. Be it enacted by the Senate and House of Represent-
atives of the State of South Carolina, now met and sitting in Gen-
corporators. q^oI Assembly, and by the authority of the same, That Irwin Car-
ter, Joshua Washington, Chas. Broughton, James Barnwell, X. S.
Gantt, L. Bonneau, J. Edwards, Hector Sim.ll, and their successors
and associates, be, and they are hereby, incorporated, and made
and declared a body politic and corporate, in deed and in law, and,
Powers and as such body politic, shall have the power to use and keep a com-
mon seal, and the same at will to alter ; to make all necessary by-
laws not repugnant to the laws of the land, and to have succession
of officers and members conformable to such by-laws, to sue and be
sued, plead and be impleaded, in any Court of law in this State,
and to have, use and enjoy all other rights, and be subject to all
other liabilities incident to bodies corporate.

Sec. 2. That this Act shall be deemed and taken to be a public
Act, and shall continue in force until repealed.

Approved February 22, 1873.

privileges.

No. 318. AN ACT to Amend Section 17 of Chapter XLV of the

General Statutes of the State.

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same, That Section 17, Chapter XLV,

of the General Statutes of the State, be amended by striking out

"Fiay-five" the words "forty-five," and insert in lieu thereof the words "fifty-
inserted in lieu fi irp "
of "forty -five." "^^*

Approved February 22, 1873.

OF SOUTH CAROLINA. 370

AN ACT TO Re CHARTER AsHFORi/s Ferry. ^- ^- '^'^•

Skction 1. Be it enacted by the Seiiute ami House of Rci)re.sen- No. 31*J.
tiitives of the State of South C'aroliiui, now met ami sitting in (jlen-
enil Assembly, and l)y the authority of the same, That the ferry A^bfomN ivr-

J ' J •' ry rc-i-hirlcrfu.

known as Asliford's Ferry, across Broad Ifiyer, be, ami is hereby,
re-<:harlercd, and yested in James R. Ashford, his heirs and assigns, in whom vesieJ.
The usual rates of toll to be charged ibr crossing said Ferry.

Sec. 2. This Act shall be deemed a ])ublic Aet, and ninain in
force until repealed.

Ai)])roved February 22, 1873.

AN ACT TO Renew and Amhnd the Charter of the Toll No. 320.
Bridge acFwOss the Savannah River, at Hamburg, South
Carolina.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the vState of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That the toll bridge to:i bridge re-
over the Savannah River, at Hamburg, South Carolina, built by
Henry Shultz and Lewis Cooper, be, and the same is hereby, re-es-
tablished and re-chartered, and is hereby vested in Samuel Spencer, in whom vested.
S. J. Lee, P. R. Rivers, John Williams, E. M. Brayton, C. D.
Haync, of the town of Hamburg, South Carolina, their successors
and assigns ; and that the said Samuel Spencer, S. J. Lee, P. R.
Rivers, John Williams, E. M. Brayton, C. D. Hayne, their succes-
sors and assigns, shall be, and they are hereby, authorized to de-
mand, collect and receive the same rates of toll at the said bridge as
have been heretofore allowed and established there; and they 'shall Powers and
have, exercise and enjoy all the exclusive rights, privileges and ^''^'^ ^"
immunities that have heretofore been extended and allowed to the
former proprietors of the said bridge under the former charter.

Sec. 2. That this Act shall be a public Act, and remain of
force until repealed.

Approved February 22, 1873.

AN ACT TO Incorporate the African Methodist Episco- No. ".21.
I'Ai- Trinity Church, of Manning, South Carolina.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, no^y met and sitting in •
General A.ssembly, and by the authority of the same, That William corpomtorf.

;80 STATUTPZS AT LARGE

A. D. 1873. Dick.son, Titus ^lellett, Primus Servants, A. Collins, and all persons
^ ~"' who now are, or who hereafter shall or may become members of
said society, shall be, and they are hereby, incorporated and dedareil
to be a body politic, by the name and stylo of the " African Mcth-
Corporato name, odist Episcopal Trinity Church, of Manning, .South Carolina," ami by
that said name shall have succes;.sion of officers and members, and
have a common seal.
Powers and ^'-C 2. That the said corporation shall have power to ])urchase,
privileges. receive, and possess any real or personal estate, for the purposes of

this Act, not exceeding in value ten thousand dollars, or to sell the
same; and by its corporate name to sue and be sued, in any Court
in this State, and to make such rules and by-laws, not repugnant to
law, as may be thought necessary and expedient. Said society shall
have all the powers, and be subject to all liabilities and restrictions,
of the Act to regulate tlie formation of corporations, so far as appli-
cable.

Sec. 3. That this Act shall be deemed a public Act, and shall
continue in force until repealed.

Approved February 22, 1873.

Xo. 322 -^^ ACT TO Authorize and Require the Couxty Commis-
sioners OF B.VRNWELL CoUNTY TO OpEN A PUBLIC ROAD
THROUGH THE ToWN OF MiDWAY.

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

Cannon's britige and by the authority of the same, That so much of the old public

eu. ' road,*known as Cannon's Bridge, running from Lemon's Swamp to

Cannon's Bridge, as runs around the town of Midway, in Barnwell

* County, be, and the same is hereby, discontinued and closed a*s a

New road es- public highway ; and the road running through the said town and

connecting with the Cannon's Bridge Road,.outside of the limits of

said town, be declared to be a public highway.

Approved February 22, 1873.

tabKshed

j^Q 393 AN ACT TO IxcoRPORATE THE Calvary Presbyteriax Church.
AT Church Flats, in Colleton County.

Section 1. Be it enacted by the Senate and House of Represen-

* tatives of the State of South Carolina, now met and sitting in

Corporators. General Assembly, and by the authority of the same, That Sam-

OF SOUTH CAROLINA. 381

uel Garrott, John Gnmt, CikIjuc iSteplight, and their associates, l)e, a. n. isra.
aiitl are lierehy, incorporated by the name and .style of the Calvary
Presbyterian Church, at Cliiirch Flats, in Colleton County, and by Corporate nam?,
that name and style shall have succession of officers and niembers,
and shall Imve a common seal.

8i:c. 2. That the said corporation shall have power to purchase, rowers and
receive and hold any real or personal estate, not 'exceedin<^ twenty P"" '*'^-
thousand dollars in value, with power to sell, convey and dispose of
the sauie, and, by its corporate name, ma}' sue and be sued, in any
Court of this State, and to make such rules and bylaws, not re-
pugnant to law, as it may consider necessary and expedient.

Sec. 3. That this Act shall be deemed and taken to be a public
Act, and shall continue in force until repealed.

Approved February 22, 1873.

AN ACT TO Incoupokate the Town of Blackstock. -j-^ 024

Section* 1. Jie it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That all per- corporators,
sons, citizens of the United States, and of this State, who now are,
or hereafter may be, inhabitants of the town of Blackstock, shall
be deemed, and are hereby declared, a body politic and corporate;
and said town shall be called and known by the name of Black- Corporate name,
stoclll and its limits .shall be deemed and held to extend one-half a
mile, in each direction, from John Carroll's Hotel.

Sec. 2. That the said town shall be governed by an Iiitendant Officers-when

° •' to be elected.

and lour AV^ardens, who shall be elected on the first Monday in
April, lal'.], aiul on the first Monday in April of every year there-
after.

Sec. 3. That the provisions of the charter of the town of Ninety- invested with

... , , . • ^ ^ ,, k k . • 1" provisions of

MX, incorporated by an Act entitled 'An Act to incorporate the ihftrtorof xine-
town of Ninety-Six," approved March 13, 187*2, be, and the same
arc hereby, held and declared to extend to, and be of force as to,
the town of Blackstock.

Approved February 22, 187.1.

AN ACT TO Incoui'orate the Tow n of Nichols. -j^ .^9-

Section 1. Be it enacted by the Senate and House of Keprcsen-
tatives of the State of South Carolina, now met and sitting in Gene-

382

8TATUTES AT LARGE

Corporators.

Corporate limits.

Officers.

Electors.

Commissioners
of Election to
appoint Mana>

0*th of office,

ral Assembly, and by the authority of tlie same, That from and
after the passage of this Act, all and every person or persons who
shall have resided in this SUite for twelve months, and sixty days in
the village of Nichols, in the County of Marion, shall be deemed,
and are hereby declared to be, a body politic and corporate, and lie
called and known as the town of Nichols. And its corporate limits
shall extend from a stake at the crossing of the County and Ilail-
road, as follows: One half mile from said stake, north, south,, east
and west, forming a square, or as nearly so as the said points will
allow.

.Sec. 2. That the said town shall be governed by an Intendant
and four AVardens, who shall have resided in this State twelve
months, and shall have been residents of the said town sixty days
immediately preceding their election, and who shall be elected on
the first Monday in March, 1873, and every year thereafter on the
first Monday in January, ten days' notice thereof being previously
given ; and that all male inhabitants of the age of twenty-one years,
citizens of the State, and who shall have resided within the State
twelve months, and in the said town sixty days immediately preced-
ing the election, shall l)e entitled to vote for said Intendant and
Wardens, paupers and persons under disabilities for crime excepted.

Sec. 3. That said election shall be held at some convenient public
place in said town, from nine o'clock in the morning until lour
o'clock in the afternoon, and, when the polls shall be closed, the
Managers shall forthwith count the votes, and declare the election,
and give notice thereof, in writing, to the Intendant therein heing,
who shall, within two days thereafter, give notice, or cause the same
to be given, to the persons duly elected : Provided, The Commis-
sioners of Election of Marion County shall call the first election,
under this Act, and shall appoint Managers to conduct the same,
who shall make returns thereof to the Commissioners, the same a.s
other elections held in this State. And the said Commissioners
shall declare the election, and notify the persons elected Intendant
and Wardens of the said town. The Intendant and Wardens,
before entering upon the duties of their offices, shall, respectively,
take the oath prescribed by the Constitution of the State, and, also,
the following oath, to wit: "As Intendant (/ir Warden) of the town
of Nichols, I will equally and impartially, to the best of my ability,
exercise the trust reposed in me, and will use my best endeavors to
preserve the peace, and carry into effect, according to law, the pur-
poses for which I have been elected: So help me God." And, if
any person, upon being elected Intendant or Warden, shall refuse
to act as such, he shall forfeit and pay to the Council the sum of
twenty dollars for the use of said town : Provided, That no person

OF SOUTH ("AltoLINA. 383

who liiis attaincMl tlu; a<,'c of" sixty years shall he cfitiipcllcd to serve '^ "■ '*'^-
either as Iiiteiitlaiit or Warden, nor shall any other person 1)6 com- i,,.„, i, f
nelled to serve, in either of said offices, naore than one year, in any fumii to mrve a*

t ' ' , Ifiti.-ndiint or

term of three years. The Intenchmt and Wardens, for the time Warden,
beiiiir, shall always appoint one or more Boards of Mana«^ers, three Managers.
Managers for each Board, to conduct the election, who, before they
open the polls, shall take an oath fairly and impartially to conduct
the siinie.

Skc. 4. That all the riii-hts, i)rivile<;:es and powers, together with invc-tM with

° ' ~ * ' o powers iind priv-

afl the penalties and restrictions imposed and conferred upon the ''»'«'' conitrr.-d

'^ ' ^ oa town of ilaii-

Intendant of the town of Manning, by an Act entitled "An Act to "'db-
alter and renew the charter of the town of ]\ranning," approved
March iJ, 1871, be, and the same are hereby, imposed and conferred
on the Intendantand Wardens of the town of Nichols.

Skc. 5. That this Act shall be deemed a public Act, and continue
in force until amended, altered or repealed.

Approved February 26, 1873.

AN ACT TO Incorporate the Grand Southern Hotel and j^^ 300.
Transfer Company, of Columbia, South Carolina.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That Hardy corporators.
Solomon, Josephus AVoodruff, S. L. Hoge, L. Cass Car])enter, A.
O. Jones, LeGrand Benedict, C. H. Baldwin and David Epstin,
their successors and assigns, are hereby created and constituted a
body corporate and politic, under the name and style of the Grand Corporate name.
Soutiiern Hotel and Transfer Company, of Columbia, South Caro-
lina, with the power of perpetual succession, to have a corporate seal,
and to make reasonable by-laws for the government of said corpo-
ration and its property and franchises, and to sue or be sued by the
corporate name aforesaid.

Sec. 2. The capital stock of said company shall be one hundred Cii>iui stock,
thousand dollars, with power to increase the same, from time to
time, as shall be determined by vote of two-thirds in interest of the
stockholders, such capital to be issued in shares of one hundred
dollars each, in such manner as shall be determined by the by-laws
of the corporation ; and said company are iiereby authorized to
coninience business under this Act as soon as twenty-five per cent,
of the stock thereof shall have been paid in.

384 STATUTES AT LARGE

A. D. 1873. Sec. 3. The property an«l business of the corporation shall be

^ cautrolled and mana;^ed by a Board of five (o) Trustees, to be

Troperty and choseii by a niajoritv iu interest of stockholders of said cornoratiou,

whom manageJ. at sucli time und place, and for such terra, as siiall be fixed by the

by-laws of the said company, and to hold their ofiices until their

Vftcsncies— succcssors are duly elected and qualified. Vacancies shall be filled

how filled. . . . , , , ,

in coniorraity with the bv-laws.
pnvUe vs" '^"^ ^^^- '^' "^^'^ corporation shall have power to acquire, hold, lease
and convey real and personal property, to make contracts and incur
obligations, and to do any act or acts proper for the constructi<?n
and funiishiug buildings and conducting the business of hotel
keeping, and shall further have power to engage in the business of
Proviso. transferring, carryiTig and delivering passengers, baggage and

freight of all kinds : Provided, That no distinction be made on ac-
count of race, color or previous condition: Provided, further, That
LJabUity of the stockh^Jders of said company shall be liable to the amount of
ers. tijeir respective share or shares of stock iu said company for all its
debts and liabilities, upon note or otherwise,
vhen to tale Sec. 5. This Act shall bo deemed a public Act, and shall take

0 JtrCt

effect immediately.

Approved February 26, 1873.

y o.-y- AX ACT TO Regulate the Fees of Probate Judges, Clerks
OF Courts, Trial Justices, and other Officers herein
Mentioned.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That the fc^^^
■which Probate Judges, Clerks of Courts, Trial Justices, and other
officers herein mentioned, shall be authorized to rccive in the seve-
ral cases herein specified, shall be as follows:
Fees allowed Sec. 2. Judgcs of Probatc — For petition for letters, etc., fiftv

to Judges of Pro- „ . . „ „ ,.5, . i • •

bate. cents; tor citation, fifty cents; qualifying executor, administrator,

or guardian, and issuing letters to same, one dollar and fifty rents:
taking bond of administrator or guardian, one dollar; issuing war-
rant of appraisement, ope dollar; proving will in common form,
one dollar; proving will in solemn form, five dollars; filing and en-
tering renunciation of executor, one dollar; dedimus potesfnttm to
prove will or qualify executor, two dollars; receiving, examining

OF SOUTH CAROLINA. 385

iiiid iiliiiir aiiiuml returns, one dollar; fur first and final returns, a.d. ih;3.
eacii, throe dollars; order for sale of personal prajjerty, one dollar; ^ ~

hearing and filing petition for guardians and appointment, two dol-
lars; entering caveat and withdrawing same, one dollar; for hear-
ing litigated case, three dollars, and twenty-five cents additional for
each witness examined ; issuing summons for each witness, when not
issued l>y an attorney, thirty cents; for every rule issued against
defaulting witness or party failing to account, two dollars; for pro-
ceedings iu partition of real estate, five dollars, and fifty cents ad-
ditional on every hundred dollars, or fractional part thereof, for
which the land may be sold, or in case of partition in kijid, for
whicii it may be assessed: Provided, That in no case shall the fees
and allowances so received aggregate more than twenty-five dollars:
Provided, further. That in cases of partition in kind no commission
shall be charged; for ai)pointing guardians ad litem, one dollar;
commissions on all moneys received and paid out, two per cent, on
the first three hundred dollars, and one per cent, on all sums over
that amount; for search for each paper, ten cents; for certificate
an<l seal, fifty cents; for final discharge of executor, administrator
or guardian, one dollar ; for proceedings in dower, inclusive of all
charges, except recorrling, ten dollars; for" proceedings in lunacy,
inclusive, five dollars ; for recording all papers proper to be recorded,
or furnishing copy of any paper in his office, per copy sheet of one
hundred words, each figure counting one word, fifteen cents; for all
services in setting off the homestead, including the title and record
of proceedings, five dollars.

Sec. 3. Clerks of Courts — For signing and sealing sub writ, fifty Feesniiowpd

„ , . . . , . ^ , . , Clerks of Court 3

cents; tor administering oaths, twenty-iive cents; for taking and
filing bonds in trover, attachment and other eases, one dollar; for
signing and sealing commission to examine witness, fifty cents;
recording plats, under order of Court, one dollar; rule of survey,
fifty cents; each official certificate under seal, fifty cents; issuing
attachment for contem])t, or other special writ, fifty cents; signing
and sealing writ of habei'e facias possessionem, fifty cent< ; receiving and
paying over money officially, under three hundred dollars, one per
cent., over that amount one-half of one per cent; on bill, nolle prose-
qui before given out, one dollar ; on bill thrown out by grand jury, or
found and nolle jirosfijiii ahuicd, discontinued or struck off, two dol-
lars; on hill found and verdict by petit jury, two dollars; issuing
beneh warrant, one dollar; issuing scire facias, one dollar;
issuing each execution in sessions, one dollar; signing and
sealing writ of habeas corjxus, one dollar; issuing warrant
or taking recognizance or other services in the sessions, the
same fees allowed to Trial Justices; each writ of venire facias, in-

386 STATUTES AT LARGE

A.T). 18T3. eluding all services incident to summoning jurors^, two dolhirs and
^ fifty cents ; preparing and issuing certificates for grand and petit

jurors and Constables, and furnishing return to County Commis^
sioners, for each week of every term of Court, five dollars ; furnish-
ing advertisement in case of escheat, exclusive of printer's bill, and
recording proceedings thereon, three dollars ; for advertising and
giving notice to ^Managers of Elections, six dollars ; for license to
an attorne}', all incidental services included, five dollars; filing and
entering notice of alien's intention to become a citizen, one dollar;
filing and recording report of alien, one dollar; administering oath
of intention, fifty cents; filing and entering application to become a
citizen, and administering oath, one dollar; for giving certificate of
citizenship, one dollar; for taking renunciation of dower or inheri-
tance, two dollars ; for official record of estray, and filing paners,
one dollar ; every search for a paper, ten cents ; every'search, with
certificates, fifty cents ; swearing Trial Justice or Constable in office,
and certificate, and taking bond, one dollar ; recording the bonds of
County officers, and certifying to same, onedollar; for every probate,
in writing, twenty-five cents ; forsigning dedimus jjotestat^m, two dol-
lars ; for official certificate to exemplification of record, one dollar;
on filing transcript, twenty-five cents ; on entering judgment, fifty
cents ; for copying papers, per copy sheet of one hundred words,
each figure counting a word, fifteen cents ; for signing and sealing
each exclusion and removal, fifty cents; for recording and copying
deeds, mortgages and other papers, per copy sheet of one hundred
words, fifteen cents; for every certificate on deeds or other papers,
twenty-five cents ; on every appeal from Trial Justice, all services
inclusive, two dollars ; for entering satisfaction on mortgage, twen-
ty-five cents ; fur recording or copying plats, of not more than six
corners, one dollar ; for every corner more than six, ten cents ; for
filing and recording every rule or order for arbitration, fifty cents;
for filing and recording affidavit for continuance when ordered by
the Judge, twenty-five cent? ; for granting charters of incorporations,
three dollars.

Skc. 4. Trial Justices and Justices of the Peace — Oath and war-

Fpes allowed . i • nn

TriaiJustices. rant in any criminal case, fifty cents; each recognizance, fifty
cents; comniitmcuts and release, each, twenty-five cents ; adminis-
tering and certifying oath in writing, other than above, fifty cents ;
issuing writ of /mftea.'? cor/)».? by tvvo Justices jointly, two dollars;
issuing summons and copy for defendant in civil cases, fifty cents ;
insuing copy for each additional defendant over one, twenty cents ;
issuing summons to each witness in civil cases, twenty-five cents ;
for swearing and taking examination of each witness in civil cases,
twenty-five cents ; for giving judgment in cases not defended, twenty-

OF SOUTH CAIKJLINA. M87

five {'cnts ; for giving ju(l<]jnient on hearing litigated cases, seventy- ^ i>-i'''''.
live cents ; for issuing exclusion, or removal of .same, fifty cents; re-
port of case and taking bond to appeal, one dollar and fifty cents;
for issuing attachment returnable to Court or Justice, including all
notices, one dollar and fifty cents; for filing returns of garnishee
and order thereon, twenty-five cents; for proceedings in caseof ejec-
nieut, three dollars ; for approval of indentures of apprenticeship or
servants, one dollar ; for proceedings on Coroner's inquest, the same
fees as are allowed to Coroners ; for proceedings on estray of horse
or mule, one dollar; for proceedings on all other estrays, fifty
cents; for taking and certifying renunciation of dower or inheri-
tance, two dollars; for granting order for special bail, one dollar ;
for the trial of any criminal case, three dollars ; for every prelimi-
nary examination of any criminal case, one dollar and fifty
cents; for taking examination of ^vitnesses in writing, as prescribed
by law, one dollar ; for attending and acting for the preservation of
wrecked vessels and goods, three dollars per day out of the vessels'
goods and effects ; for proceedings against vagrants and returning
report thereof, two dollars ; for qualifying appraisers in setting off
the homestead, seventy-five cents, and five cents per mile for all
necessary travel.

Sec. 5. Notaries Public — For taking deposition and swearing Feesaiiowed
witnesses, per copy sheet, twenty-five cents; for every protest, two uc.
dollars; for a duplicate of deposition, protest and certificate, per
copy sheet, one hundred words, fifteen cents; for each attendance
on any person to j)rove any matter or thing and certifying the
same, fifty cents, and five cents additional for every mile of neces-
sary travel ingoing and returning; for every certificate, fifty cents;
for administering an oath, on affidavit, fifty cents; for taking re-
nunciation of dower or inheritance, two dollars.

Sec. 6. Coroners — For every inquisition, ten dollars, and five ^oronere""'''^'^
cents per mile for every mile of necessary travel in going and re-
turning ; for each warrant issued, fifty cents; for each commitment,
twenty-five cents; for each recognizance, fifty cents; for each body
disinterred, five dollars ; for recording proceedings in each inquisi-
tion in his book, per coj)y sheet of one hundred words, fifteen cents;
for performing the duties of Sheriff, the same fees as are allowed to
Sheriffs for like services.

Skc. 7. Witnesses — Witnesses in civil and criminal cases per „ , ..

i I'uy of wit-

day, one dollar, besides mileage, at five cents per mile, going and "f^^"*-

returning: Provided, That in no ease, except in cases of felonies,

where witnesses for the defence are bound over, shall the State be

liable to pay defendant's witnesses; witnesses in Trial .lustiees'

388 STATUTES AT LARGE

A. T>. 1S73. Court shall receive fifty cents pt-r <liiy, and the .'^ame mileage as

^ "" allowed ill Circuit Courts.

,, , , Skc. 8. Jurors — Jurors per day, one dollar and fifty cents, be-

sidc^^ niilpage, going and returning; Jurors in Trial Justices' Courts

shall receive twenty-five cents for each cas^e tried, and mileage, as

herein allowed to other Jurors.

Fee's allowed Sec. 9. Sheriffs — For entering every writ, process, warrant or

Sheriffs, . , , • , ' , ,

execution, and making endorsements thereon, each twenty-hve
cents; for serving every writ, or summons, besides mileage, one
dollar; for bond in any case, one dollar; for commitment and re-
lease, each twenty-five cents; for serving each -venire for Grand
Jury, ten dollars; for serving each venire for Petit Jury, fifteen
I dollar^'; for serving each bench, or other warrant issued in the ses-

sions, attachment, contpmpt of Court, besides mileage, one dollar;
for search for person or goods, not found, and returned on the ex-
ecution non ed inventuft, or vtilla bona, besides mileage, one dollar ;
levying attachment or execution, besides mileage, one dollar ;
dieting persons per day, forty cents; executing convict, including
all charges for burial and other expenses, twenty-five dollars; bring-
ing up prisoner under habeas corpus, to be paid by the prisoner, if
able, (if not, by the County,) besides mileage, one dollar ; for exe-
cuting writ oi' habere facias pOf<ses-iionem, one dollar, besides mileage
of five cents per mile for all necessary travel going and returning;
for transferring money, bonds or other securities for money to party,
one-half of one per cent ; for summoning freeholders to try sugges-
tion of fraud, five dollars; for serving any paper in civil or crim-
inal cases, issued by Trial Justice, the same fees as are allowed to
Constables in like cases; conveying prisoners from one place to
another, besides all necessary expenses going and returning, three
dolhirs per day; each guard for Sheriff in conveying prisoner, one
dollar per day; commission on all moneys collected by him, if
under three hundred dollars, two per cent., if over that sum, two
per cent, on the first three hundred dollars, and one-half of one per
cent, on balance ; one-fourth of one per cent, on all moneys paid
out of office on all executions lodged; executions lodged to bind
and order not to levy, twenty-five cents; advertising defendant's
property, in addition to printer's bill, fifty cents; drawing deed or
mortgage, two dollars ; bill of sale, one dollar ; each notice served
on set of managers of election, besides mileage, one dollar; in ea^e •
of ejectment and ejecting tenant or others, three dollars; summon-
ing Coroner's jury and witnesses, to be paid by the County, five
dollars; for selling land under decree of the Court of Probate, in
lieu of commission and all other charges, except for advertising,
three dollars.

OF SOl'TH CAIIOLINA. 389

Skc. 10. Coii.stjil)les — For suiniiiuiiinjf eiicli witness in civil cases, a.d. isrt.
lii'lv cents; for serving suinnjons, rule or notice in any civil (•use, (ifty ^"""'"^'^
cents"; for servuig attachment on each person, one dollar; for levying Constables.
e.xt'fUtion, posting adverti.seinent of sale, and paying over proceeds,
lifty cents, besides a conitnission of two per cent, on all sums col-
lected, to be paid by the party in execution ; for every day in search
of stolen goods, to be pai<l by the complainant, two dollars ; for
serving a warrant in any State case, one dollar; f.)r selling an
estray, five per centum of the proceeds ; ami, in this case, five cents
per mile for all necessary travel one way, to be certified in writing,
by the olHcer, on the back of the process ; for all necessary service
in case of ejectment, as well before as after judgment, thr^e dollars;
for summoning Coroner's jury and witnesses, to be paid l)y the
County, five dollars.

Six*. 11. That the following compensation shall hereafter be Feesaiiowert
allowed to any physician who may be called in by the acting Coro- i'*'y-\f>a° ["^

J I J J ^ J o post mortem

nor, to make a j)o-4 mortem examination, to wit: Where death has «sainmaiu.n.
resulted from external violence, and where no dissection is required,
the sum of ten dollars ; where dissection is necessary, and no inter-
ment has taken place, twenty dollars ; for the same, after one or
more days' interment, thirty dollars; for the same, when any chem-
ical analysis is required, a sum not exceeding fifty dollars, together *
with the expenses of such analysis, and that in every case in which
such a physician shall be called to any distance beyond one mile, he
shall be allowed the mileage usually chaVged in his neighborhood:
Provided, That ia all cases in which chemical analysis shall be made
the physician who shall makv. the pod mortem examination shall furmshst'ate-'
furnish to the County Commissioners of the County in which the Ti^s t o county
said examination has been made, with his account, a full statement '""°"**"'°''^*-
of such analysis : Provided, further, Every account presented for
services for iiny pod mortem examination shall have the certificate
of the Coroner, or Magistrate acting as Coroner, that the services
were rendered.

Si;c. 12. That all Acts or parts of Acts inconsistent with, or iiepeaiiDg clause
supidied by this Act, are hereby repealed.

Approved February 20, 1K73.

AN ACT TO Incokporate tiik Darlinctox Academical No. 32S.

.Society.

Section 1. Be it enacted by the Senate and House of Representa-
tive-of the State of South Carolina, now met and sitting in Cicne-

590 STATUTES AT LARGE

Corporators

A. D. 1873. Yal Assembly, and by the authority of the same, That B. F.
Whittemore, T. C. Cox, S. J. Keith Isaac Broekentou, Jackson A.
Smith, Clayton Cannon, James M. Brown and E. C. Baker, and their
successors in office, shall bo, and they are hereby, constituted and
made a body politic and corporate, by the name and style of the
Corporate name. "Darlington Academical Society," with the power to sue and be
sued, to plead and be impleaded, to possess and hold, subject to for-
mer grants, property, within the County of Darlington, to an
amount not exceeding twenty thousand dollars.
Certain proper- Sec. 2. That all property heretofore vested in the Trustees of
por^tol^s '^"der the Darliugton Academy, conveyed by John Gibson, of the County
this Act. ^^ Darlington, July 9, 1818, to Moses Saunders, Rasba Cannon,

John Pearce, Bright Williamson, Dr. Y. Bishop and James Irvin,
and by them conveyed to the said Trustees for the sole purpose,
use, benefit and advantage of the said Academy established at
Darlington C. H., shall be, and the same is hereby, vested in the
incorporators named in this Act, and such incorporators shall be
deemed and held in law to be the proper and legal successors of
such former trustees.

Sec. 3. That it shall be the duty of the incorporators named in

Corporators to .

take possession the first Scction of this Act, and they are hereby, authorized to take

of said property. . , . "

possession of all that property specified in the second Section of
this Act, which, by the conveyance of John Gibson, was granted
for the purposes set forth, viz: for the use, benefit and advantage
of the said Academy, consrsting of three and five-tenths acres of
land, and the half of a street, fifteen feet wide, from Swift Creek
to Copeland Pearce's, all at Darlington C. H.

Sec. 4. This Act to take effect on and after its passage, and to
remain in force until repealed.

Approved February 20, 1873.

No. 329. AN ACT to Incorporate the Southern Warehouse Com-
pany.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That Edwin
F. Gary, Henry L. Tappan, Elbridge A. Gary, and their associates
and successors, are hereby created and constitute'd a body politic

and corporate, under the name and style of the Southern Ware-
Corporate name. , , , ^ ^ ^ ^■^ ^

house Company, and under such name ana style shall have power

Corporators.

OF SOUTH CAROLINA. 391

to sue and be sued by said name, shall have ii common seal, -with a. d. isto.
j)0\ver to make by-laws for the government of its property, fran- " ^
chises, and business, to acquire, hold, lease and convey real and per- privileges,
sonal estate.

Sec. 2. Said corporation shall be authorized to take and hold, May take stor-

1 . , . . ,, ase, make loans,

upon storage, or deposit, any description or property, to make loans &c;.
on property, and to take securities, real and personal therefor :
Provided, That nothing herein contained shall authorize said cor- Provioo.
poration to engage in or exercise the business commonly known as
pawn-broking.

Sec. 3. The capital stock shall be fifty thousand dollars, with Capital stock.
power to increase the same to two hundred thousand dollars, as
shall be authorized by a vote of two-thirds in interest of the stock-
holders; such capital stock to be issued in shares of one hundred
dollars each, such shares to be personal property, and to be trans- shares to be
ferable only upon the books of the corporation ; and said corpora- erty°°^ prop-
tion shall be authorized to commence business when twenty per
cent, of the capital stock shall have been paid in : Provided, That Liabiut of
the stockholders of the said Company shall be liable to the amount stockholders.
of their respective share or shares of stock in said company, for all
its debts and liabilities, upon note or otherwise.

Sec. "4. The property and business of the said corporation shall Busine s b
be managed and controlled by a Board of Trustees, to consist of '^^'>^ managed.
not less than three, who shall be chosen by a majority in interest of ,

the stockholders, at such times and places, and for such term as
shall be, from time to time, fixed by the by-laws of the corporation,
and who shall hold their offices until such time as their successors
shall be duly elected and qualified.

Sec. 5. This Act shall take effect immediately and remain in es^f ^^ *'^ -^^^^
force until repealed.

Approved, February 26, 1873.

AN ACT TO Incorporate the Carolina Orphan Home, Lo- No. 330.

CATED IN the ToWN OF SpARTANBURG, SoUTH CAROLINA.

Section 1. Be it enacted by the Senate and House of Eepresen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assemblv, and by the authoritv of the same, That Samuel B.

T -^ ^ ''^,. .,,„,. Jl, _~ ~ ■ Corporators.

Jones, R. C. Oliver, A. M. Shipp, D.D., Sidi 11. Browne, S. J. Hill,
Prof Warren Dupre, J. H. Crimes, Geo. W. Williams, S. Bobo,
J. L. Breden, James E. Black, L. O. Dargan and J. P. Micklen,

392 STATUTES AT I.AUOE

A. T). is:;!. .jy,| ^]^^,^J■ successors in oflico he, and tlicy arc Iiereby, created a body
l)(>litic and corporate, by the name and .style of the Trustees of the

Corporate naiiio. i _ l ' J j

Carolina Orphan Home, in the town of Spartanburg, South Carolina,
and by that name may sue and be sued, j)lead and be impleaded in
anyCourt of this State; may have a connnon seal, and alter the same
at pleasure, and have perpetual succession ; may receive, hold and

^Powers an J pi iv- enjoy by gift, donation, purchase or otherwise, all manner of estate,
real, personal and mixed, and the same to alienate, encumber and
transfer at pleasure, and do all other acts and things for the pur-
poses hereinafter expressed, not re[)ugnant to the Constitution and
laws of this State or of the United States,
p t t b ^^C' 2. That all property held by said Trustees, in their corporate

held for cduca. capacity, shall be held for the purpose of establishing, conducting

phans. and carrying on an Institution at Spartanburg, in Spartanburg

County, to provide a home for destitute and homeless orphans, to

. support and educate them free, and to qualify them for usefulness

and respectability in the world ; and all such property, the income
or use of which is used entirely and exclusively for said Orphan

taxation. Hoiue, shull be exempt from taxation.

Sec. 3. That the Board of Trustees shall annually elect its offi-
Ruiesandreg- cers, and shall liavc power to adopt such rules and regulations as

ulatioDs. ' _ ' . _ ' '' _

may be determined for the best interests of the Home, not ificonsis-
tent with the laws of this State; and the corporate domicile shall
, be at Spartanburg, in said County.

Entry of a Sec. 4. That the entry of any orphan child or children, as in-
an indenture, mate Or inmatcs of said Orphan Home, shall, to all intents and
purposes, be deemed an indenture of such child or children to said
Home, so long as the care, protection, proper treatment and educa-
tion, contemplated by the purposes of said Home, are guaranteed
and secured to said child or children.

Sec. 5. That this Act shall continue in force until repealed.

Approved February 26, 1873.

AN ACT To Amend Section 3, Chapter CXE of the Gi:ner.\l
No. 331. Statutes.

Be it enacttd by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Asseni-

Jiiryiist, when bly, and by the authority of the same, That Section three, of

"'"J" ""P'^P*""' Chapter CXI, of the General Statutes, which requires that the

Board of Jury Commissioners shall prepare a jury list in .each

County in the mouth of January of each year, be so amended as to

OF SOUTH CAROLINA. 393

innkf it lawful lor tin- siiid lioard fo |)re])!ii-e the jury list for tlic a. u. 1873.
Coiintii's of Lexiiijjjton, SpartaiihurL,^ ami lOdL^'cfifld, during the year
ls~:], before the tenth of March of said year.

Approved February 'J(i, 1873.

Corporate name.

AN ACT TO Incorporate the Chester and Lenoir Narrow Jso. 332,
Gauce Kailkoad Comtany, and to Authorize the Consol-
idation of said Company with the Carolina NaPvROw
Gauge Railroad Company', and the King's Mountain Rail-
road Company.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in
(ieneral Assembly, and by the authority of the same, Tiiat Abra- coiporators.
ham II. Davega, John J. McLure, George \V. Melton, John L.
Augurs, Wra. H. Brawley, Wni. H. McCookle, Burrit T. Wheeler,
Benjamin G. Yocom, John Lee, I. D. Witherspoon, J. A. Rateh-
ford, John L. Watson, J. li. White, John Lilly, T. J. Mackey, J.
jNI. jNIcKay and C. C. McCoy, and their associates and successors,
arc hereby constituted a body politic and corporate, by the name
and style of the Chester and Lenoir Narrow Gauge Railroad Com-
pany.

Sec. 2. That the said company is hereby authorized to construct Lineofroad.
a Narrow Gauge Railroad from the town of Chester, by the way of
Yorkville, to some point on the line dividing the States of North
and South Carolina, in the direction of Dallas, in the County of
(Jaston, in the State of North Carolina; and such company shall o-'norai powers,
liave power to receive, possess, own and transfer real and personal
l)roi)erty and estate; to have a common seal, and to pass such by-
laws, not inconsistent with the laws of this State, as may be neces-
sary to. carry out the objects of the corjioration ; shall be capable
in law of suing and being sued, pleading and being impleaded, and
-hall have and enjoy all the rights of other corporate bodies undir
the laws of this State, and have the exclusive right to transfer and
carry j)ersons, produce, merchandise and mineral on and along sueii
railroad at such prices as they may i\x.

Sec. 3. That for the purpose of creating the capital stock of tl.c cnpitaUtoik.
said company, which shall not exceed two millions of dollars, A.
ir. Davega,'jnhn L. Agurs, J. A. Ratchford, Wm. IL McCookle,
i5. T. Wheeler, J. II. Smith, Joseph Herndon, or any three of them,
are hereby appointed Commissioners, whose duty it shall be, as soon
26

394 STATUTES AT LARGE

A. D. 1S73. after the passage of this Act a.s may bo convenient, to appoint such

Books of sub- t^*>ttiinissioner8 to open books of subscription, at such places and at

scripnon. gm-ii times as to them shall seem best, and under such rules a.s they

may })ro.scribe. The capital stock of .said company to be divided

into shares of one hundred dollars each, and the subscrii)tion8

Subscriptions, thereto may be received, payable in money, land, labor or material,

m^wmit rectiva- nect'ssary in the constructiun of said road, bonds, stocks, or other

valuable credits, in such manner and on such terms as may be

agreed between said company and such subscribers.

Sec. 4. That whenever the sum of ten thousand dollars shall
meeiing. luxvc been suliscribed to the capital .^tock of said company, it shall

be the duty of the Commissioners above named, or of any three of
them, who may act, to call a general meeting of the stockholders,
after giving such notice as to them shall seem sufficient, and
at such times and places as they shall determine ; and at all
Majority of general meetings of said stockholders, not less than a ma-
con^touteTqiio" j^^^^^y of all the stock subscribed shall constitute a quorum for the
r^™- transaction of business ; and said stockholders, when so met in gene-

ral meeting, shall have power to elect a President and Direc-
tors for said company, whose term of office shall be for one year, and
^ ., , until others are clwsen. In the election of President and Directors,

President and

Directors -eiec- and in cuacting such laws as may be necessary, the stockholders

tion and term of . ° •' _ •'

offices. shall be entitled to vote as follows, viz : One vote for each share

Method of owned, not exceeding five; one vote for evervtwo shares above five

voting. " -

and not above ten ; one vote for every four shares above ten and
not above twenty ; one vote for every ten shares above twenty and
not above fifty; one vote for every fifty shares above fifty and not
above five hundred ; and one additional vote for every one hundred
shares above five hundred; no fraction shall be counted making
less than half a vote.
Invested with Sec. 5. Whenever the said sum of ten thousand dollars is sub-
"les^ Tonflrre'd scHbed, thc subscribcrs, their executors, administrators and assigns
Kaiiroad^'^^com" shall be, and they are hereby, incorporated intp a company, and
^'"'^" shall have all the rights and privileges conferred upon the North-

eastern llailroad Company by their charter, which was ratified
Provis December IG, A. D. 18.11 : Provided, That said railroad shall be sub-

ject to the provisions of an Act entitled "An Act to declare the
manner by which the lands, or right of way over the lands, of per-
sons or corporations may be taken for the construction and uses of
railways and other works of internal improvement," ratified Sep-
tember 22, A. D. 18G8: Proxndcd, Nothing herein contained shall
be so construed as to exempt said company from the provisions of
• Section 1, Chapter 63, of the General Statutes of the State of South
Carolina.

OF SOUTH CAROLINA. 395

iSec. 6. That the said coiiipuiiy, :iml the King's Mountain Kiiil- a.d i<*:3.
road ('onipany shall, upon the conayiit of the stockholdors of each ^^^ i„nw>n-
conipany, be consolidated and form one and the same body eori)o- ^ouiTui'li'^it^ii-
rate, under the name of the Chester and Lenoir Narrow Gauge '"^'^ Company.
Railroail Company, possessing all the rights, privili-ges, powers, im-
munities and franchises conferred upon said companies by this Act
and the several Acts heretofore passed incorporating said companies
and amending the charters thereof, and that the gauge of the King's
Mountain Railroad Company be changed as the stockholders may
direct.

SiiC. 7. That said Chester and Lenoir Narrow Gauge Railroad May consou-
Company may consolidate with the Carolina Narrow Gauge Rail- ima ''*' x.htow
road Company, a corporation chartered by the General Assembly company?'''*"'*^
of the State of North Carolina, (the General Assembly of this
State consenting,) and form one and the same body cor})orate, under
the name of the Chester and Lenoir Narrow Gauge Railroad Com-
pany, possessing all the right, privileges, immunities, powers and
franchises herein conferred upon the Chester and Lenoir Narrow
Gauge Railroad Company.

Sec. 8. That, the affairs of the said consolidated company shall Affaire to be
be managed and directed by a General Board, to consist of a Presi- Seneraf Bolfrd '
dent and eight Directors, (of whom at least four shall reside in the
State of South Carolina,) who shall be elected by the stockholders
at any general meeting, in the manner provided bySection four (4)
of this Act, and shall hold their offices for one year and until others
are elected.

Sec. 9. That the question of approving the consolidation of com- Question of
panics herein authorized shall be submitted to a meetinsr of stock- consolidation

* . j3 ^v,^ .. ijo^ submitted

holders of each of the said companies, to be called by the Presi- to stoc»'i»o>JT=..
dents thereof, at such time as they may think best, of which one
month's public notice shall have been given in the newspapers of
the toAvns of Chester and Yorkville; at which meetings the question
shall be submitted to the decision of the respective companies, and
determined in the manner provided in their respective charters for
the decision of matters upon which it is necessary for stockholders
to act as a company.

Sec. 10. That all question's of property, debts, credits, eciualiza- „ ..

1 * 1 I .^ ' » ) 1 ()uo9tions ci

tion of stock and other nuitters of detail that mav arise upon the p'"°r'r»y, &o.

. . - I how to oe dctei-

consolidation of the companies herein authorized, shall be determined niin»;d.
by the respective companies at the meetings hereinbefore provided
for, or at adjourned meetings held subsecpient thereto.

Sec. IL That it shall be lawful for any Countv or town inter-

,., . ^, •i/-,i IT .T»-i Counties nnd

ested ni the construction of the said Chester and Lenoir Railroad towns may sui-
to subscribe to the capital stock of said company, or of any com- stock.

396 STATUTES AT LARGE

A. D. 1873. pany with which it may consolidate or unite, such sum, and to be
])ay!iljle in such manner as the people or proper authorities of such
County or town shall deem best, determine and authorize; and in
all meetings of stockholders, the County Commissioners of the
respective Counties, and the Town Councils of the respective towns,
j,^^ J shall appoint some person to represent the stock of their respective

ject to tasation. Counties and towns: Provided, That the property of the said rail-
road company, situated in this State, shall be subject to taxation
during the existence of their charter.

Approved February 20, 1873.

No. 333. AN ACT to Provide for the Establishment and Support

OF A State Normal School.

Preamble. Whercas, the Constitution of the State of South Carolina, Article

X, Section 6, declares : " Within five years after the first regular ses-
sion of the General Assembly, following the adoption of this Con-
stitution, it shall be the duty of the General Assembly to provide
for the establishment and support of a State Normal School, which
shall be open to all persons who may wish to become teachers;
therefore.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gcne-
to^be'"tlwi'ih°ed ^'^^ Assembly, and by the authority of the same, That there shall
in Columbia. \)q established, in the city of Columbia, a school to be called " The
South Carolina State Normal School," for the training and educa-
ting of teachers in the art of instructing and governing in the pub-
lic schools of this State, which shall be open to all persons who may
wish to become teachers.

Sec. 2. That there shall be appointed, by the Governor, by and

ITPtlfllfR to 1)C

appoiued. with the approval of the Senate, a Board of Regents, to be called

the Board of State Normal School Regents, of which the Governor
and State Superintendent of Education shall be c.r officio members;
amero. t,i^i^ Board shall be twclvc in number, two of which shall be ap-
pointed from each Congressional District, and two from the State
Termof oflBce. at large. The term of office of all members of the Board of Re-
gents, hereafter to be appointed, (except when such appointment is
for an unexpired terra,) shall commence on the first Tuesday of April,
and shall continue for three years, and until others are appointed

inuTth'ree^ci^w ^^y l^''^^'' "^^^ Board of Regents shall be divided into three classes,
so that the term of office of one class shall expire each year. The

OF SOUTH CAROLINA. 397

Governor shall liiivc i)i)\vcr to (ill nil viicancies wliidi may occnr ^^^^ ' ^

by (loath, resij^natioii or otluTwise, until the. next meeting of the vucancie., Uow
General Assembly, or while the (Jcneral Assembly is not in session-, *"**''
luit the appointments thus maih; shall lie coMfirmcd by the Senate
during the next preceding session.

SiiC. .">. That the oHieers of the Board of Regents shall be a om.ero of Board
President, Vice President and Secretary ; they shall, severally,
hold their offices for the term of one year, and until their succes-
sors are elected, and shall perform the duties incident to their
office.

Sec. 4. That the Board of Regents shall hold an annual meet- Annual meet-
ing, at Columbia, on the first Monday in November in each year, "''^^•
or at such time as may hereafter be designated by said Board. A
majority of the Board shall constitute a quorum for the transaction
of business, but a less number may adjourn from time to time.
Special meetings of the Board of Regents may be called by the
Governor or the President of the said Board, on a petition signed for gpedai meetings
that purpose by any three members of the Board. At all special
meetings of the Board, two-thirds of all the Regents shall be nec-
essary to constitute a quorum. Any Regent may be removed from
office for cause, by a vote of two-thirds of the Board.

Sec. o. That the Board of Regents, and their successors in General powers,
office, are hereby constituted a body corporate, with the name and
style of the " Board of State Normal School Regents, of the State
of South Carolina," and under that name and style shall have per-
petual succession, with the right to purchase, have, hold, control,
possess and enjoy to them and their successors in office, in trust for the
State of South Carolina, for educational purposes solely, any lands,
tenements, hereditaments, goods, chattels, and effects, of whatever
nature or description the same may be, which may be necessary,
and required for the legitimate purposes, objects and uses of the
State Normal School, authorized by this Act, and none other, with
full power to sell or dispose of such personal property, or any part
thereof, when, in their judgment, it shall be for the interest of the
State; to make all such contracts and agreements as shall be neces-
sary to carry into effect the jiurposes of this Act; to sue and be
sued, to plead and be impleaded in all Courts of this State ; to have
and to use a common seal, and the same to change, alter or renew at
pleasure ; to make such by-laws and regulations as the}' may deem
proper for the well ordering and government of said corporation, and
the transaction of its business : Provided, The said Board of Re-
gents shall not have the ])ower to sell, mortgage, or dispose of, in
any way, any real estate so held by them as aforesaid, without the
express authority of the General Assembly of this State, nor have

398 STATUTES AT LARGE

A. D. 1873. power to l)orrow money; nor shall the indebtedness contracted,
^'^ iior liabilities incurred by said Board of Regents ever, at any time,
exceed, in the aggregate, the amount of money which, under the
provisions of law, shall then be at their disposal, in the hands
of the State Treasurer : And ])rovided, further. That the proceeds,
derived from the sale of any real or personal estate by said Board
of Regents, shall be paid by them into the State Treasury, and shall
become a part of the income of the State Normal School fund.

Course of study. Sec. G. That it shall be the duty of the Board of Regent.s to pre-
scribe a course of study, and the time and standard of graduation,
and to issue such certificates and fliplomas as may, from time to

diploma^,' &c!**' time, bc deemed suitable. Such certificates and diplomas shall en-
title the holders to teach in any County in the State, for the time,
and in the grade specified in the certificate or diploma, the said
certificates and diplomas to be countersigned by the State Superin-
tendent of Education.
Admission of ^,^q 7 That at each annual meetinir of the Board of Recrents,

pupils. ■- _ *-

they shall determine what number of pupils shall be admitted into
the school, and this number shall be apportioned among the Coun-
ties of this State according to the number of Representatives from
said Counties in the General Assembly: Provided, That teachers
holding second and third grade certificates may be admitted from
the State at large.
Applicants to Sec. 8. That the County School Commissioners and the County

ttive examma- Board of Examiners shall hold competitive examinations before the
first ^Monday in July in each year, of all persons desiring to be-
come pupils of the State Normal School, which examination shall
be conducted in the same manner as examinations for third grade
teachers' certificates. A list shall be made of the applicants thus
Crmmiss'.oners examined, and they shall receive recommendation in the order of

nate in'^certain Standing in the examination : Provided, That the County School

'^^^' ' Commissioners may discriminate in favor of those whose age and

experience specially fit them to become Normal pupils. After the
expiration of the year, a new list must be made out. and those not
recommended must be re-examined or forfeit their right to recom-
mendation.

Applicant?— ace Sec. 9. That, to sccure admission into the iunior class of the

of males; females

Normal School, the apf>licant, if a male, must be fifteen years of

age; or if a female, must be fourteen years of age; to enter an ad-

To present let- vanced cla.«5, the applicant must be proportionallv older. Appli-

tew of recom- ' , r i • I- i • . /

mendation. cants must also present letters or recommendation irom their Coun-
ty School Commi-ssioners certifying to their good moral character
and their fitness to enter the Normal School. Before entering, all

tioDf'^ **^*'*' applicants must sign the following declaration: ""NVe hereby de-

OF SOUTH CAROLINA. 399

dare tliuL our purpose in I'literiug the State Normal School is to fit ■"^- '*• '^"•
(lurselvcs for the prul'essioii ot" tuachiiij^, ami that it is our inten-
tion to engage in teaching in the public schools of" this State."

Sec. 10. That no religious test shall be required of any one con- ,. , .
iioeted with the State Normal School, nor shall there be any dis- «p»t rtquuei or

_ _ "^ dmcninination

criniiiuuion in the appointment of Regents for, or athnission of pu- tote mad-,
pils to, the said school on account of race, color or ])revious condi-
tion of servitude.

Sec. 11. That the State Treasurer shall, by virtue of his office, s»flto Trposurer
be the Treasurer of the Board of Regents of the State Normal urei .t iijaru.
School, but the said Board shall have power to appoint suitable
l)erson3 to receive and pay to the State Treasurer any tuition fees
or other moneys that may be due from any student or other person.

Sec. 12. That lectures on chemistry, anatomy, physiology, as- iieiivcry of
tronomy, the mechanic arts, agriculture, and on any other science ''^'='"''^-
or branch of literature that the said Board of Regents may direct,
may be delivered to those attending said school in such manner, and
upon such terras aud conditions as the said Board may prescribe.
That the Professors of the University of South Carolina shall, upon
application of the said Board of Regents, deliver, from time to
time, such lectures as shall be required, and the library of the Uni-
versity shall be open to, and the benefit of the same enjoyed by, the
officers and pupils of the State Normal School.

Sec. 13. That the exclusive purpose of the State Normal School escIusIvp pur-
shall be the instruction and training of persons, both male and ^^^^^ Normal
female, in the theory and art of teaching, and in all the branches
that pertain to a good common school education ; also to give in-
struction in the mechanic arts, agriculture, chemistry, in the arts of
husbandry, the fundamental laws of the United States and this
State, and in what regards the rights and duties of citizens.

Sec. 14. That, as soon as the State Normal School is prepared to gtute supcnn-
receive pupils, the State Superintendent of* iiducation shall give *®nX"'e wh.^n^*
notice of the fact to the County School Commissioners, and the said f''""' ,'* °p*°

J ' for pupils.

Board of Regents shall cause notice of the same to be published in
at least one newspaper in each Congressional District, at least for
thirty days.

Sec. 15. That the President of the Board of Regents shall make

" Aiirufti report,

to the State Superintendent of Education an annual report, bearing what to lonuin.
date the first Tuesday in November, which shall contain a full and
detailed account of the doings of said Board, and of all their ex-
penditures, and of all moneys received, and the prospect, progress
and condition of 'the school, and such report, together with the re-

. n 1 T/«' 11 1 />■»»■• 1111 • 1 Board of Vis-

ports of the different J)oards of V isitors, shall be transmitted to itots.
the General Assembly by the State Superintendent of Education,

400

STATUTES AT LARGE

A. D. 1873.

Accounts of
Vi.-itor.-', by
whom audited.

Regents to fit
np portion of

Ui irersity
buildinss for
said purposea.

Annu-.l appro-
priation to be
made.

Actp, how to
be construed.

as a part oi' Lis annual rtport, and in addition to what is now ro-
tjuired by law.

Sec. 10. That, after the firs-t term, and at least once in each year
thereafter, the State Normal School shall be vi.«ited by three guita-
Me {)ei"sons, not members of tiie Board of K(*irf-nts, but to be ap-
pointed by the State Superintendent of Education, who shall
examine thoroughly into the condition, organization and manage-
ment of the school, and shall report to the State Superintendent of
Education their view.s in regard to its success and usefulness, and
any other matters they may judge expedient. Such Visitors shall
be appointed annually, and their report shall bear date of the first
Wednesday after the first Monday of November, and cover the
year preceding such date. The State Superintendent of Education
shall audit the account of the Visitors for expenses actually in-
curred in examining the said Normal School, and the sums allowed
shall be i»aid by the State Treasurer, out of the Normal School
Fund.

Sec. 17. That the Board of Regents and the B(jard of Trustees
aforesaid, with the State Superintendent of Education, shall, as
soon as practicable after the passage of this Act, take possession of
and fit up such building or buildings, with the grounds surround-
ing, now inclosed in what is known as the State University buildings
and property, as shall be necessary to carry out the purposes of
this Act; and the Board of Trustees of the University shall, on
application of the Board of Regents aforesaid, surrender the same.

Sec. 18. That there shall be an annual appropriation of fifteen
thousand dollars by the General Assembly for the maintenance and
support of the State Normal School, which shall be styled the
State Normal School Fund, to be used solely for the purposes set
forth in this Act.

Sec. 19. '^'hat all Acts and amendments thereto shall be so con-
strued as to enable tlie Board of Regents to carry out the provi-
sions of this Act, and all Acts or parts of Acts conflicting with this
Act are hereby repealed.

Approved February 26, 1873.

No. 334. AN ACT to Amend CiiArTER L, Section 4, of Revised Stat-
utes OF South Carolina.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That Chapter

OF SOUTH CAROLINA.

ntiy (L), Section four (4), oi" the General Statutes of South Caro-
lina, be, and the sivmc i.s licrehy, iinicndod l>y inserting at the end
of the Section the following proviso: ''Provided, It shall not be muiPH not t« run
hiwfid for any person, resident of the sea islands, in the County of Ap!iMo''NJvrL-
Pcaufort, to allow horses or mules to run nt large from tiie first day '"■''"•

Shwp or KoaU,

of April till the first day of ^ovember; nor cattle, sliecp or goats, Apni to Uecem-
frurn the first day of April till the first day of December; nor hogs, "^nogs. March
from the first day of March till the first day of Deceml)er." t" i^eccmber.

Sj:c. '2. Tluit all Acts or parts of Acts inconsistent with this Aet,
or iu any way conHicting with any of its ])rovisions, arc hereby re-
pealed.

Approved February 26, 1873.*

AX ACT TO Incoupouate the Pioneer Hook and Ladder No. 335.
Company, of the Town of Kingstkee.

Corporatora.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now mgt and sitting in Gen-
eral Assembly, and by the authority of the same, That S. W.
Maurice, E. W. Ferris, L. Benjamin, G. P. Nelson, Phillip Heller,
George H. Coleman, S. A. Swails, W. J. Lee, Louis Jacobs, and
their successors in office, be, and they are hereby, constituted a body
corporate and politic, under the name and styleof the Pioneer Hook corporate name,
and La«lder Company, with a capital stock not to exceed five thou-
sand d(dlars ; with the right to sue and be sued, to plead and beim- powers and
pleaded, iu any Court of competent jurisdiction ; to have and to use pi'viiese.-.
a eommon seal, and the same to alter at will and pleasure ; and
will) all the rights, privileges and immunities that are secured by
law to like incorporated bodies.

Sec. 2. This Act shall be di-emed a public Act, and shall remain
in force uniil repealed.

Approved February 2G, 1873.

AN ACT to Charter the /Vnderson, Aiken, Port Royal and No. 336.
Charleston Railroad Company.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That John R.

402

STATUTES AT LARGE

A^D. 1873. Cochran, William Perry, B. D. iVaii, Jeremiah HoUinshead.B. H.
Nirliind, Stephen Millet, 11. T. Peake, Alexander Isaacs, Wni. S.

Corporators. Iliistie, Churles Aliiiort, R. H. lliunl)ert, R. D. (laither, W. A.
Grant, Louis F. Spencer, Dr. John Wil>'on, Williauj McGukin,
John W. Daniels, W. W. Humphries P- K. McCully, M. Mc-
Cully, P. P. Hedges, J. C. Griffin, W. R. Parker, W. R. Leavel,
John A. Arnold, L. F. Arnold, A. F. Clinton, Y. J. P. Owens, B.

A. Thompson, W. A. Ilayne, A. O. Jones, W. J. Etter, C. Smith,
James A. Spencer, II. J. Maxwell, W. E. Johnston, W. B. Na.sh,
James Brennan, C. F. North, Edward Petty, Isaac Prioleau, Julius
Tingmaii, B. F. Jackson, E. W. Everson, John A. Barker, J. Van-
dcrpool, Charles H. Spcrry, John NVilson, J. J. Grant, Jan)es Just,
E. G. Roberts, J. Woodruff, H. C. Corwin, John Boston, J. L. Bos-
ton, Cato Young, John Breazeale, Robert Tarleton, G. A. Reed, C.
D. Ilayne, James M. Smith, Robert Smalls, William R. Jervay, W.
J. Brodie, S. E. Gaillard, L. Cain, W. H. Jones, Jr., David Harris,
Sr., J. E Greeu, D. R. Duncan, James L. Jamison, EveridgeCain,

B. F. Whittemore, T. C. Dunn, 11. A. Wideman, George Maxwell,
X. T. Spencer, Isaac H. White, Thomas H. Martin, BaileyMiltbrd,
H. W. Purvis, Samuel J. Lee, Gloster Holland, W. B. Jones, John
Wilson, Frederick Nix, R. B. Arlson, H. B. John.son, Hastings
Gantt, Samuel Greene, Thomas Hamilton, George F. Mclntyre, A.
P. Ford, Wm. Taft, J. S. Mobley, W. F. Myers, 'j. B.
Bascomb, W. iMulligan, S. A. Swails, R. H. Cain, B. A. Bosemon,
Jr., O. R. Levy, R. Bryan, S. J. Keith, W. xM. Thomas, J. R. Tol-
bert, H. H. Ellison, Paris Simkins, David Graham, A. Simkins,
Limus Simons, Joseph Crews, T. J. Webb, W. J. ^IcKinlay, Henry
Kennedy, G. T. Williams, Joseph ]\Iartin, A. P. Ilolmos, Samuel
Johnson, David Brown, J. A. Bowley, E. E. Reisc, R. W. Turner,
J.J. Patterson, Sherman Smalls, B. O weirs, E. E. Keys, J. M. McKay,
J.Stephen, Burrell Edwards, Henry Reed, William Walker, Rich-
mond Payton, Lawrence Walker, R. A. Si-sson, and successors, be, and
they are hereby, declared a body politic and corporate, under the

Corporate namf. name and style of the Anderson, Aiken, Port Royal and Charleston
Railroad Company, and under that name and style shall l)o, and
are hereby, made capable to have, purchase, hold and enjoy and
retain to their successors, lands, rents, tenenients, goods, chattels,
and effects of whatsoever kind or quality soever, and the same to
sell, alien or dispose of, to sue or be sued, plead or be impleaded,
answer and bo answered, defend and be defended in Courts of Re-
cord, or any other place whatsoever, to have perpetual succession, to
have andtoexercisealltherightsand privileges of all railroad corpo-
rations of a similar kind now existing, or hereafter to be created in
this State, except the right to interfere with the chartered rights and

General power?

OF SOUTH CAROLINA. 403

])rlvilf<rps of Buch cor])(ii;ili()iis reliilivc to th«' liiiililiiii,' :iii<l con- a. d. n,?..^
struction of roads. Suul railroad company, or any of tlie name,
shall have the rif^ht to cross any road now or hereafter constructed:
Provided, That at such crossings there shall be suitable gates, and rroviw.
that the engines and cars of such road shall stop at such crossing at
a point not less than one hundred feet.

Sec. 2. That in addition to the rights, privileges and franchi.ses
conferred upon this company under the provisions of this Act, they
shall also have authority and power, and they are hereby authorized
and empowered to build and construct a railroad from the town of j^jncof road
Anderson to the town of Aiken, by the way of the towns of Abbe-
ville and Edgetield, with the power to Duild and construct a branch •
to connect with the Port Royal Railroad at a point on the Savan-
nah River, at or near the town of Hamburg, in this State, with the
right to unite with any road now built, or hereafter to be built, ro!ui'u.anyp»int
running to the cities of Charleston and Columbia, or to construct a stafe**^" '" ""^
branch from the main line for that purpose: Provided, That at the
first meeting of the incorporators a majority must be ju'esent to
transact business: Provided, further. That nothing herein contained
shall be construed as exempting the said corporation from taxa-
tion.

Si:c. ;3. That all Acts, parts of Acts, Joint Resolutions, or parts ciause.^*'^"'"'^
of Joint Resolutions, inconsistent with this Act, be, and the same
are hereby, repealed : Provided, That work shall be commenced
within three years after the passage of this Act.

Approved February 2G, 1873.

AN ACT TO Recul ATE THE Election of Mayou and Aldek- No. o'-u.
MEN of the City of Charleston.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authoritv of the same, That so nuuh of Repealing
an Act of the General Assembly entitled " An Act to incorporate
Charleston," and the Acts amendatory thereof, or in any way rela-
ting thereto, as detirtnincs tiie time, and regulates the manner, of
electing the ^Mayor and AMenuen of the city of Charleston, be, and
the same are hereby, repealed.

Sec. 2. The election for Mavor and Aldermen of the citv of . ^J*"";*'?"' '''•«'*

to be hvld.

Charleston shall be held on the first Wednesday in October, eigh-
teen hundred and seventy-three, and forever thereafter on the same
day in every second year.

404 STATUTES AT LARGE

A. D. 1873. gjrf, 3 For the purposes of conducting sucli election, it shall 1).

Governor to ^''® <liity of tlic GovcTiior, at liast thirty clays prior to such election,

fippoint Com- to appoint five persons, who .shall constitute a Board of Conuni-

iiii^Kioncra ol ' ' '

Kkctioiis. sioniMs of lOlection.s iijr the city of Charleston. The Commi.-^sionei -

fo^all^^nt'iTn- of Elections .^hall appoint three Managers of Elections for each poli-
"sj*^'"- ing place.

,wi, r n. ^EC. 4. The Commissioners and Managers shall take and suh-

Odtn of office. . °

scribe the oath of office prescribed by the Constitution, (Section 3<»,
Article II,) filing the same in the ofhce of the Clerk of the
of lilmrcT''''*''*''* ^*^""^y* At their fir.st meetings, respectively, the Commissioner-
and Managers aforesaid shall select one of their number as Chair-
man. The Commissioners and Managers are hereby empowered to
administer all necessary oaths.
Appointment Seo. 5, The Conimissioucrs and each Board of ^Managers are

andiiu'ilinciition _ _

of Clerks. hereby authorized to appoint a Clerk to assist them in whatever

duties may be required of them ; such Clerks to qualify by takinir
the oath of office prescribed by the Constitution.
Polls, when Sec. 6. The polls shall be opened at such voting place or places

opened and clo^- . , . , i • i t i /-, • •

eJ. in each ward as may be designated by the Commissioners, at

five o'clock in the morning, and close at six o'clock in the afternoon,
of the day of election, and shall be kept open without intermission
or adjournment, and the Managers shall administer to each person

Swearing of . / ' ° . ' .

voters. offering to vote an oath that they are residents of the city of

Charleston, and are duly qualified to vote according to the Consti-
tution of the State, and that they have not voted at any other poll-
Poii list ing place during this election. The name of each person voting

shall be entered by the Clerk on the poll list.

Sec. 7. Thevoting shall be by ballot, written or printed, or
Character of partly Written and partly printed, such ballots to be either writtea
or printed on plain white paper, without any emblem or figure ou
either side, or any printing or writing of any description on the
back, by which the contents of the ballot may be discovered.
Counting of Sec. 8. Immediately upou the closing of the polls, and before
leaving the same, the Managers shall at once proceed to count pub-
Commissioners ^'^'b' ^^6 votcs and make a return of the result thereof to the Coin-
tion!^*^''"*^ ^^^^' missioners of Election. They shall, at the same time, deliver to the
, Ct)mmissi()nefs the poll list, ballot boxes and ballots. As soon as

the returns from all the polling places are received, the Commis-
sioners shall meet in the City Hall or Court House and proceed to
canvass the same, and to declare what persons have been duly
To decide on 80S elcctcd. They shall have the power, and it is made their dutv, to

if protest and . •' ' '

coDte^t. investigate and decide any protest or contest that may arise.

Aiderra'en°when Sec. 0. The RIayor an<l Aldermen elected un<ler this Act shall,
into office. "^ on taking the oath of ofhce prescribed in the Constitution, be in-

OF SOUTH CAROLINA. 405

tliKt.d into ofHce on the third Monday in November succeeding; a^isti.
their eli'ftion, and sluill iiiimediatoly outer upon the dischiir^'c of
their duties.

Skc. 10. The MaiKii^fcrs of Elections and Clerks shall receive for ComrenBation.
their services the sum of three dolhirrf per day, for the time actually
employed. The C'ommis.sioners shall approve all bills, and shall re-
ceive four dollars per tlay for their services. All the expenses of
the election, including pay of Commissioners, Managers and Clerks,
shall he jiaid hy the city of Charleston.

Si;c. 11. It shall be the duty of the Commissioners of Election, ^^Xep'lhr
an.l iliey are hereby invested with all the necessary powers, to keep pea<^'. ^•'■•
the peace during the whole time that the polls are kept open, and
until the election is completed, and to prevent all interference with
the Managers or the electors. All peace officers present at or near
the polls shall carry out their instructions.

Si-c. 12. All statutes providing against illegal voting, or the ,„^^^;*'j^j^«'»
bribery and intimidation of voters, and for the closing of bar-rooms '««.
and drinking saloons, not inconsistent with this Act, are continued
in full force, so as to apply to any election held under this Act. All
Acts or parts of Acts inconsistent with or supplied by this Act are
hereby repealed.

Approved February 20, 1873.

AN ACT TO MAKE AN ApruoPRiATiON TO Pay Claims AiusixQ No. 038.
iNDEu THE Proclamation op the Governor of this State,
DATED July Twenty-eight (28), Eighteen Hundred and
Skventy-one (1871.) '

Pream'ilc.

Whereas the Governor of this State did, on the twenty-eighth
(28th) day of July, in the year eighteen hundred and seventy-one,
(1871), make and publish his official proclamation, in the following
Words, to wit :

proclamation.

"Whereas the ))oace and tranquility of certain sections ^^^ t^^^' proc,„*/n",V^^°oi-
State of South Carolina have been interrupted by asscnddages of /^''■"'« ■■'-•wards
disguised men, who have assailed and injured peaceful citizens to ^f" "> <*i»suue,
their detriment and serious injury, involving, in many cases, atro-
cious murders upon quiet and and unolfending citizens.

406 STATUTES AT LARGE

A. D.1873. «« j^Q^^ therefore, be it known that I, Robert K. Scott, Governor

^ '~ of the State of South Carolina, in order that the parties to thtse
murders and outra«,a\s may be apprehended and appropriately pun-
ished, do issue this my proclamation, that a reward of two hundred
doliar!< is hereby offered for the apj)rehension and delivery of any
and every person in any jail of this State, with proof to convict
them of having aided or participated in any or either of these acts
of violence and murder, or of having, in di.-!guise, threatened the
life of any one in this State. Said rewards shall be paid to any
person, either military or civilian, who may be entitled to receive
them by arresting the offenders against the law.

"In testimony whereof, I have hereunto subscribed ray name,
and caused the Great Seal of the State to be affixed, at Columbia,
this 28th day of July, A. D. 1871, and in the ninety-sixth year of
American Independence.

(Signed) " ROBERT K. SCOTT,

*' Governor.
[l. s.] (Signed) " F. L. Cardozo,

" Secretary of State."

And whereas claims have arisen, and are now unsatisfied, for ser-
vices rendered to the State in the arrest, prosecution and conviction
of many persons described in said proclamation.

And whereas such claims are highly meritorious, having arisen in
the enforcement of law and order, and the good faith of this State
demands their full and prompt payment; therefore,
?3-,ooD appro- SECTION 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That the
sum of thirty-five thousand dollars, or so much thereof as may be
necessary, is hereby appropriated for the payment of claims arising
under the terms of said proclamation : Provided, That all persons
who iray present and receive payment for claims allowed under the
provisions of this Act, shall receipt in full for all services rendered,
and all claims embraced under the proclamation cited in the pre-
amble of this Act.
Governorto ^EC. 2. The Said claims shall, before pavmcnt, be submitted to,

eTaminesnid _ » r . > »

ciaiaif., and and filed with, the Governor, whose duty it shall be to examine said

draw warrants . . . ''

in UvoT of p.ir- claims, and determine whether they are properlv embraced within

ties claiming re- . .

^^Td8. the terms of the said proclamation ; and if he shall determine that

the said claims, or any of them, are valid claims, under the terms
of the said proclamation, it shall be his duty to draw his warrant
upon the State Treasurer, in favor of said claimants, for the
amounts to which they may be severally entitled, which warrants

Proviso.

OF SOUTH CAROLINA. 407

shall n'spectlvely specify tin; case in \v!ii<li payment ii made, and ^- ^- ^''"^
shall 1)L' c'Oiintfr.-iigne<l hy the Comptroller (leniral, ami he paid hy ^

the State Treasurer out of the iiind.s herehy appropriated : and the _. . ,,.

■Jill • State VrPBA'

State Treasurer .shall make a special report to the General A&jera- urcriomiiUe

' ' special report of

blv, at it-i next session, of the amounts i):iid, and to whom paid, •"""•^y'P'*''! "°-

- _ . ' » ' dtr tliiH Act.

under ihi.s Act.

Approved February 20, 1873.

AN ACT TO Make Appropriation and Raise Supplies for -^q 339
THE Fiscal Year Commencing November 1, 1872.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General As.sembly, and by the authority of the .sanie. That the fol-
lowing sums be, and they are hereby, appropriated for the payment
of the various officers and expenses of the State Government, that
is to say :

For Salaries.

For the Governor, three thousand five hundred dollars; for the SaianeBofEx
Lieutenant Governor, twenty-five hundred dollars ; for the Secretary d^ciai officers,
of State, three thousand dollars; for the Private Secretary of the
Governor, two thousand dollars ; for the Clerk to the Secretary of
State, one thousand dollars ; for the Adjutant and Inspector General,
twenty-five hundred dollars; for the Clerk to the Adjutant and In-
spector General, one thousand dollars ; for the Comptroller General,
three thousand dollars; for the Clerk to the Comptroller General,
eighteen hundred dollars; for extra clerical services in the office of
the Comptroller General, two thousand dollars; for the State Treas-
urer, twenty-five hundred dollars ; for the Chief Clerk to the State
Treasurer, eighteen hundred dollars ; f.)r a Book-keeper for State
Treasurer, eighteen hundred dollars ; for the State Superintendent
of Education, twenty-five hundred dollars; for the Clerk to the
State Superintendent of Education, one thousand dollars; ibr the
Health Officers, live thousand one hundred dollars; for the Chief
Justice of the Supreme Court, four thousand dollars; ior the two
Asiociate Justices, seven thousand dollars; for the eight Circuit
Judges, twenty-eight thousand dollars; for salary for eighteen
months of the Judge of the Inferior Court of Charleston County,
four thousand ami one hundred dollars; for the eight Circuit Solic-
itors, eight thousand dollars; for the Attori#y General, three thou-

408 STATUTES AT LARGE

A. P. 1ST3. g^jjj dollars; for the Attorney Geueral'a Clerk, one thousand dol-
lars; for the Clerk of the Supreme Court, who shall perform the
duties of Librarian of said Court, fifteen hundred dollars; for the
State Reporter, fifteen hundred dollars ; for the Keeper of the State
House and State Librarian, one thousand dollars ; t'iT the Superin-
tendent of the South Carolina Penitentiary, two thousand dollars;
for two Watchmen of the State House and Grounds, six hundred dol-
lars each ; for the County Auditors, thirty-two thousand five hundred
dollars; for the Clerk to the Auditor of the County of Charleston,
one thousand dollars ; for the unpaid salary of the Auditor of Aiken
County, three hundred and thirty-nine dollars ; for the Governor's
Messenger, five hundred dollars ; for the County School Commis-
sioners, thirty-two thousand two hundred dollars.

Executive Department.

Fands orE^n- Sec. 2. For the Contingent Fund of the Governor, twenty thousand
tiTe o£xeri. dollars ; for the Contingent Fund of the Treasurer, one thousand
dollars; for the Contingent Fund of the Comptroller General, one
thousand dollars ; for the Contingent Fund of the Attorney General,
one thousand dollars ; for the Contingent Fund of the Adjutant and
Inspector General, one thousand dollars ; for the Contingent Fund
of the State Superintendent of Education, fifteen hundred dollars ;
for payment of the Mileage Certificates of Members of the State
Board of Education, one thousand dollars, if so much be necessary;
for the Contingent Fund of the Secretary of State, one thousand
dollars ; for the Contingent Fund of the State Librarian, five hun-
dred dollars.
DftiL'ed euxr. The above appropriations shall be drawn by the heads of each
tj General A*, department respectively, and they shall make to the next session of
8*m_^ at next ^j^^ General Assembly, on or before December 1st, a detailed state-
ment of the various expenditures made by them under the head of
Contingent Fund : Provided, That the statements herein required
shall not apply to the Governor's Contingent Fund, but his accounts
shall be examined and audited by a Committee to be appointed by
the General Assembly at its present session, which Committee shall
report to the next session of the General Assembly, on or before the
1st day of December, 187o.

Judiciary Department.

dj ^^^"^Sirt- ^^^- ^' ^^^ ^^^ purchase of books for the Supreme Court Li-

™"'*- brary, one thousand dollars, if so much be necessary, to be drawn

on the order of the Chief Justice: for the contingent expenses of

the Supreme Court, under Section 7 of an Act ratified the 18th day

of September, 1868, si:f hundred dollars; for an attendant on the

OF SOUTH CAlJoMNA. 409

Lihrary and the ri)oins of the Supreme Court, five huiulred {h)llars, ^ "• ''''^•
to he paid quarterly, <>n the warrant of the Chief Justice on the ''

Treasury, the said attendant to l)e appointed by and l»e rcinoval)leat
thr pleasure of said Court.

Ordinarj/ Civil Expenses.

Sr:c. 4. For the Civil Contingent Fund, twenty thousand dollars, o-dinarj- civil
to be drawn on the warrant ot the Comptroller General, counter-
signed by the Governor ; and the officers of the ditlerent depart-
ments drawing upon the said Civil Contingent Fund shall, on or
before December 10, at the next session of the General Assembly,
make a report of the amounts they have so drawn to the General As-
sembly ; for the purchase of books and stationery for the various
County Auditors of this State, five thousand dollars ; for the sup-
port of the Lunatic Asylum, seventy-seven thousand five hundred
dollars, ten thousand dollars of which, or such amount as the Trea-
surer's books will show as yet due on the contract for the same, to
be applied to the completing of the unfinished wing of the Asylum,
and two thousand five hundred dollars for the payment of the archi-
tect, and five thousand dollars for heating and furnishing the new
wing of the Asylum, to be paid on the warrant of the Comptroller
General, on the application of the Board of Regents : Provided,
That not more than two-thirds of the above appropriation of ten
thousand dollars shall be drawn until the work is completed accord-
ing to the contract; for the support of the State Ori)han Asylum
twenty thousand dollars, five thousand dollars of which to be ex-
pended for bedding, furniture and necessary repairs of the buildin'^
occupied, the same to be paid in accordance with the law establish-
ing the said Asylum ; for the State ^lilitia, twenty thousand dol-
lars, five thousand dollars of this amount to be applied to repairs
upon the State Armory, at Columbia, under the charge of the Ad-
jutant and Inspector General, to be drawn on the warrant of the
Comptroller General, on the application of the Adjutant and In-
spector General ; for Quarantine expenses, twenty-five hundred dol-
lars; for the Keeper of the Lazaretto, four hundred dollars, to be
drawn on the warrant of the Comptroller General, on the application
of the Port Physician of Charleston ; for the Physician to the Charles-
ton Jail, one thousand dollars ; for transportation and clothing of
discharged convicts, three hundred dollars; for the Catawba In-
dians, eight hundred dollars; for the permanent printing (tf this
session of the General Assembly, fifty thousand dollars, to be ex-
l)eiuled in accordance with an Act to provide for the publication of
the Acts, Reports, Resolutions and Journals of the General Assem-
bly ; for the publication of the laws parsed at the present pession of

410 STATUTES AT LARGE

A. D. 1873. the General Assembly, twenty-five thousand dollars: Provided, "So
contracts exceeding that amount shall be valid ; for the puy-
racut of the Commissioners and Mana<,'ers of Election, twelve
thousand dollars, to be paid on the warrant of the Com[)troller
General, countersigned by the Governor ; for the payment of the
per diem and mileage of the members of the last General Assembly,
remaining unpaid, ten thousand dollars ; for deficiency of appropria-
tion for legislative expenses, fifty thousand dollars; for the payment of
the services of the Presidential Electors elected at the last Presi-
dential election, four hundred dollars, if so much be necessary, to
be paid in accordance with law ; for the payment of claims passed
by the General Assembly at its present session, seventy-five thou-
sand dollars, if so much be necessary, to be paid on the certificates
of the Clerks of the two Houses.

Extraordinary Expenses.
Appropriation Sec. 5. For the support and construction of the State Peniten-

for support and '^ '■

■ onstruction of tiarv, fortv thousaud dollars, to be paid on the warrant of the

Penitentiary. ■'' ■' ii-./.io

Comptroller General, on the application of the Superintendent.
Educational Department.
Appropriation Sec. 6. For the support and maintenance of Free Common Schools,

for support of i i 1 1 . i i ■

Common Schools the sum of three hundred thousand dollars, from the tax levy of
two mills on the dollar to be raised for educational purposes, in ad-
dition to the capitation tax : Provided, That the said sum of .three
hundred thousand dollars be apportioned among the several Coun-
ties of the State in proportion to the number of children between
the ages of six and sixteen : Provided, further, That each County
shall be entitied to the amount of the poll tax raised in said County:
And, further, That it shall be unlawful for the Treasurer to apply
any part of the sum raised by the tax levy of said two mills on the
dollar to any other purpose than the support and maintenance of
Support of said schools ; for the support of the University of the State of South

Uni*'*ersityy*''"*'^ Carolina, twenty-seven thousand eight hundred and fifty dollars, to
be paid on the warrant of the Comptroller General, on the applica-
tion of the President of the University; for the improvement and
repairs of the Library of the University of South Carolina, two
thousand dollars, to be paid on the warrant of the Comptroller
General, on the application of the Chairman of the Library Com-
mittee of the Board of Trustees of the University ; for the payment
of outstanding warrants of the Governor on the appropriation for
the support of the South Carolina Institution for the Education of
the Deaf and Dumb and the lilind for the fiscal year ending Octo-

OF SOUTH CAROLINA. 411

ber ;)1, 1871, Iwo thousand .<ix hundred iind seventy-uinc doHar?, to a. p. I873.
be i)aid by the State Treasurer upon presentation of said warrants;
for the support of the Soutli Carolina lMs(itutit)n for tiie Education
of the Deaf, I)un)b and the IJlind, iifteen thousand dolhirs, to be
paid on tlic warrant of the Comptroller General, on the application
of the Chairman and Secretary of the Board of Commissioners of
the Deaf and Dumb and the lilind ; for Normal School purposes,
twenty-five thousand dollars, to be paid on the warrant of thb
Comptroller General, on the application of the Board of Regents of
the Normal School, five thousand dollars of which shall be appro-
priated for repairs of buildings to be used for Normal School pur-
poses ; for the payment of one year's interest on the bonds belong-
ing to the Agricultural College and Mechanical Institute, the sum
of eleven thousand five hundred and eight dollars, to be paid on the
ajiplication of the Trustees of the said College and Institute. That
the several sums herein appropriated shall be accounted for to this to'^braccTunud
General Assembly at its next session, on or before December 1st
Provided, No otRcer of this State who has the right to make con-
tracts or draw funds from these appropriations shall expend, or
make a contract expending, more money than has been appropria-
ted for such purpose by the General Assembly by this Act.

Approved February 26, 1873.

for al next ses
sion.

AN ACT TO AuTiioRizK Certain Counties to Isi^ue Bonds and No. 340.
Loan the Same to Aid the Charleston, Georgetown and

CONWAYBORO RaILROAD CoMPANY.

, tics muv issue

eral Counties of this State, through which the Charleston, honds. and loan

/-. 1 /-I 1 T-i -1 1 /I I 11 1 •! 1 1 ■'^nie to rhnrlcr-

Georgctown and Conwavl)oro Ivailroad Company sliali huild and ton, Oe<Teeto\vn

"1 11 1- 1 "11 II iin.l Conw;iyl>oro

operate its railroad, or any branch tliereot, be, and tlu-y are herel)}', u.iiroad.
authorized and empowered to issue bonds and loan the same to the
Charleston, Georgetown and Conwayboro Railroail Company, sub-
ject to such conditions and provisions as hereinafter mentioned.

Si:c. 2. That the Commissioners of Election of the several Coun- commissioners
tics through which the Charleston, Georgetown and Conwayboro call e'lfcti'on for
Railroad Company propose to build their railroad, shall ortler, and *"'' '''^''P''**-
cause an election to be held within ninety days after receiving a
request, in writing, from the Board of Directors of the Charleston,

412 STATUTES AT LARGE

A. P. 1S73. Georgetown ami Conwayhoro Railroad Company, asking that such
■*" an election be held, thirty days' notice of the same shall be given

for the purpose of giving to the voters of the County an opportu-
nity of voting for the granting of such aid, or against the same.
Manner of The votJiig shall be by baHot, either written or printed, or partly
^° '"'■ written and partly printed, and shall contain the words, " Aid to

the Charleston, Georgetown and Conwayboro Railroad C »ra-
pany — Yes;" or the words, " Aid to the Charleston, Georgetown
and Conwayboro Railroad Company — No." The election shall be
held, and the Managers shall make their returns in the same man-
ner as is now provided by law for general elections. The Commis-
sioners of Election shall, within ten days from the time of receiving
Returns of the returns, forward to the Board of County Commissioners a re-
turn setting forth the entire number of votes cast, the votes for,
If ft majority and the votes against, granting aid to said company. If a raajor-
ird,Vo"untyCom- ity of the votcs cast shall be in favor of granting aid, the County
^e'bond" ^*' "^ Commissioners shall immediately cause bonds to be printed, the
Amount limited. Same not to exceed the sum of two thousand dollars for every mile
the road is to be constructed in the County, and payable in thirty
years; and upon the County Commissioners receiving the same,
they shall sign, and the Clerk of the Board shall countersign, and
seal the same with the seal of the Board of County Commissioners.
Preparation of The bonds shall then be numbered and registered in the office of
the Clerk of the County. The County Commissioners shall then
cause the bonds to be deposited with some bauk.ng or trust com-
pany.
Said bonds, Sec. 3. Whenever the said company shall actually commence
transferred' to the coustructiou of Said railroad within the limits and confines of
any County voting aid as provided in Section 2, and shall deposit
with the Treasurer of such County a bond, duly executed, with
good and sufficient sureties, and approved by tlie Circuit Judge, in
a sum sufficient to guarantee the payment of the interest on said
bonds during the time the said railroad shall be under construction,
the County Commissioners shall transfer the bonds to the Charles-
ton, Georgetown and Conwayboro Railroad Company, and shall
Publication of publish such transfer in the official paper of the County, and the
bonds shall commence to draw interest from the date of such offi-
cial commencement. Upon the completion of said railroad, the
County Commissioners shall receive from the Charleston, George-
town and Conwayboro Railroad Company, an amount of the pre-
Said road to ferred stock of the said Company equal to the amount of ('ounty
.stock*\o^Co*iI^f^ bonds issued in aid of said company, the i)referred stock to bear
commiMionen.. JQ^grest at One per cent, per annum more than the County bonds.

OF SOUTH CAROLINA. 413

The bonds of the County sluill buar interest at the rate of six per ^a^. 1S73^
cent, per annum. luioof inter«,t.

Sec. 4. The County Commissioners shall invt-st the additional
one per cent., received from the preferred stock, in securities, or in Qd.j?uon^*"one
any safe manner whereby the same shall draw interest semi-annually, i'"'^''"*-
and shall continue to invest the one per cent, so received, together
with the interest on the same, until a sum shall have accumulated
suflicient to jtay and cancel the bonds of the County issued in aid
of said company, when the bonds shall be j)aid and cancelled. All Trcnsurer to
moneys received as interest on said bonds and preferred stock, shall mior-ct to or.ier
be held by the Cou ty Treasurer, and paid out on the order of tlie migsu)n°M. '"°"
County Commissioners.

Approved February 26, 1873.

AN ACT TO Provide for the Administration of Derelict No. 341.

Estates.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, That whenever it
shall come to the knowledge of any Clerk of the Court of Common
Pleas of any County in this State that the estate and effects of any
deceased person, as to which administration could legally be granted ^^^^^ of Coitvt

^ ' o J o may apply for

by tlip Judge of Probate of his County, remain, for the period of '»;''" >°',^' Nation

r ^ . . ... "f derelict es-

six months, entirely or partially unadministered, either by reason 'ates.
of no application for letters of administration, or from any other
cause, so that there is no legally appointed representative of such
deceased person, it shall be the duty of such Clerk of the Court to
make application to the Judge of Probate of the County for letters
of administration on the estate of such deceased person, accom-
panied with a statement of the nature, condition and value of the statement to
said estate, so far as it may be known to him, and, thereupon, it pu^'uioi"^ "'"
shall be the duty of such Judge of Probate to insert a notice of
such application, in the usual form, for forty days, in some public ba^" ^w puwuh
newspaper published in such County, or, if there be none such, in nppu^tion. '"'''*
some adjoining County, and also at the door of the Court House,
antl, after such notice, to grant to such Clerk of the Court letters After such no-

,.,... , !• 1 1 , .11 tico, to grnnt let-

ot administration on the estate ot such deceased person, with the tors of uaminu-
will aimcxod, in case there be a will, ami .such Clerk shall give wiu im'nexcd.
bond, with two sureties, for the faithful discharge of his duty as cierkofCoun

, , . . , . , , , , . , ,' to give bond.

such administrator, in such amount as wuiild bt- rctpiircd ut any
other administrator.

414 STATUTES AT LARGE

A. n. 1873. Sec. 2. That, upon the grant of such letters of administration,

ui'hts owers ^"^'^^ Clcrk shull be entitled to all the right", jjowers and authori-

111,0 pi-.viieLcos of tie^ jiiit] shall be subject to the same duties and oblij^ations and

I lerk of Court. ....

V hen letters of responsibilities, in relation to said estate and the administration

u d m I n istration ,

aregriiutea. thereof, as are now prt)vided by law in case of administrators, and

Fees. shall be entitled to live per centum of all moneys collected by him,

and, in addition to the filing an inventory, appraisement and ac-

Tokeepofficini couiit in thc office of the Judge of Probate, shall also keep an

record of inven- . . , , . . ...

tory, appraise- ofhcial record of the same, and all his proceedinffs therein, in his

meut, &c. , . . . ' °

J . V own office, which shall be submitted at each term of the Court to

Record to he

isubmitted to Cir- the Circuit Judj^e ; and the said Clerk shall have the right to pos-

euit Judge. . . to 1

Right to hold ^-^^'ou of auy of the goods and chattels of such deceased person,

effects'^^f^eceaf- ^"^^ "^^Y' ^^Y authority of the Judge of Probate, sell and dispose of

id persons. the Same ; and any sale so made, in pursuance of such order, shall

be good and valid, to all intents, as if regularly made by any other

administrator.

Sec. 3. That whenever, after the grant of such letters of admin-
istration to such Clerk, any other person who would be entitled to
"When letters letters of administration on such estate, as speciallv designated by

of administra- , , ,, , ra-

tion granted to Jaw, shall apply to the Judge of Probate of the County granting

Clerk may be n- ' ' ' / ° . . , , «

vokcd. the same, and be ready to give the required security, the letters of

administration previously granted to such Clerk shall be revoked,

and the same be granted to such person so applying for the same ;

Such reroca- but guch revocation shall in no wise be held to annul or impair any

tion not to im- ^

P*'''»"s of Clerk act legally done or right acquired previously under or by virtue of
such administration.

Approved February 26, 1873.

xso. 342. ^j^ ACT to Encourage axd Provide for the iNroRroRATiON
OF Agricultural and Mechanical Societies and Associa-
tions FOR the Promotion of the Arts and Sciences.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of Soutii Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That seven
or more persons within this State, having associated themselves by
Incorporation agreement, in writing, for the promotion of agriculture, mechanics

of Aericultural ^ , , . , '^ \ . . , ^ ,

and Mechanical and Other industry and ingenuity, and tor the encouragement ot the
arts and sciences, or for any of these purposes, under any name by
them assumed, and upon complying with the provisions of this Act,
shall, with their successors, be deemed a body politic and corporate.

OF SOUTH CAROLINA. 415

Sec. 'J. I'lie purposes oi" siu-h corporation, uikI the place where it/ a. d.ists.
is estuhlisluMl and located, sliall be distinctly specified iti its articles ._^ ,

■' ' Art'clw or a»-

of association, which articles, and all ainendinents thereto, shall be "onmtion— whHt

' _ to HpMnfy, and

recdi-ded in the office of the Register of Mesne Conveyance for the ""^"j '" *'" '"-
Ci)iiiity wherein such place is situated, and such cori)i)ration shall
ajipmpriate its funds to no other purposes.

Sec. 3. Such corporation shall have perpetual succession of
officers and members, and a common seal, with power to change,

•111 1 Powrrs and

alter, break and make new the same, as often as it shall judge ex- franchiix.-.
pcdient, and it shall be caj)able in law to purchase, have, hold, re-
ceive, enjoy, possess and retain to itself and its successors and as-
signs, in perpetuity, real or personal estate, or both, whether accru-
ing to the same by gift, purchase, devise or conveyance, not exceed-
ing in value one hundred thousand dollars ; and the same, or any
part thereof, to sell, alien, devise or exchange, whenever such corpo-
ration may deem proper.

Skc, 4. Such corporation shall be lial)le and capable to sue and
be sued, implead and be impleaded, in any of the Courts of this 8tockhoider>.
State of ap{)ro[)riate jurisdiction ; but no stockholder in such cor-
poration shall be liable for any of the debts or liabilities of such
corporation beyond the amount of his share or shares therein.

Sec. 5. Such corporation shall be competent to make all such by- Rules and by-
laws and rules for its government and operations as may, from time
to time, be deemed necessary, not repugnant to the laws of the land :
Provided, That the same are made by such majority or quorum as
may, by the laws of such corporation, be declared competent to-
make the same.

Sec. 6. Such corporation may hold fairs and exhibitions, at May hold f.irs

, , , . . , 1 1. 1 1 • /> I ^^'^ exbibitionii.

stated or occasional periods, and may establish regulations, lor the
luescrvatiou of good order, at such fairs or cxbibitious, consistent
with the laws of the land.

Approved February 26, 1873.

AN ACT TO Amend the Law' Relating to the Collection of -^^ 3^3

T.\XKS.

Whereas, by an Act of the General Assembly, approved January i-reambic.
16th, 1873, the Comptroller General, with the approval of the Gov-
ernor, has been authorized to exteiul the time for the payment and
collection of taxes for the fiscal year commencing November 1st,
1872, for such time as may be necessary therefor; and whereas, it

41(; STATUTES AT LARGE

A.T). iS7n. jjj provided hy law that the officer cliargcd with tlie assessment and
collection of taxes shall, after the ])crio(l liiiiiled and specified, affix
f)onalties for the non-payment of said taxes witiiin those periods,
and advertise and sell all lands npon which the taxes shall not have
l)ccn paid before a time specified ; therefore,

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same. That in all cases where the Comp-

Gene^ar''*7vi't'h ti'ollcr General, with the approval of the Governor, may have ex-

iiprrovniof Gov- tended the time for the payment and collection of taxes, it shall be

ernor, mny ex- i •' '

\miuraaa'(!hes ^^^^'"^ ^^'' ^liG Said Comptroller General, with the like approval, to

extend the time wherein the penalty or penalties shall attach, and

also the time when the advertisement and sale of such delinquent

Advertisotncnt lands msy bc made, so as the same may conform, as near as may be,

nf delinquent . , J > J '

lands, &c. to the period fixed by law, and all advertisements and sales made

in accordance with the instructions of the said Comijtrollor General,
and all Actsdone, or required to be done, by any officer charged with
any duties required in the collection of taxes or connected there-
with, by virtue of such authority, shall be, in all respects, as legal,
Such rction and shall have the same force and effect as if the said Acts had
been done and duties performed within the period now fixed and
specified by law.

Approved February 20, 1873.

Corporators.

Xo. 344, AN ACT to Incorporate the Edgefield Cotton and Woolen

Manufacturing Company.

Section 1. Bc it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That George C.
Robinson, Samuel J. Lee, C. D. Ilayue, John Lyons, M. A. Ran-
som, F, R, Rivers, Robert R, Reed, Alexander Phillip, Lawrence
Cain, Z, W. Carwile, C, R. Stone, B, W. Ivawton, and their a.sso-
ciatea and successors and assigns, be, and the same arc hereby, made
and created a body politic and corporate in law, by the name of the

Corporate name, Edgefield Cotton and "Woolen Manufticturing Company, for the pur-
pose of man ufacturinrr and finishin<r all tjoods of which cotton or
0> iocts of cor- -^ . *= , 1 '^

poration. wool may form a part, as well as all machinery used for such pur-

poses, and for the transaction of such business as may be nece,*.sarily
connected therewith, and may erect such mills and other works as
may be necessarv or required to carry on such branches of manu-

OF SOUTH CAROLINA. 417

facturo, and sliiill have a capital ol" one liiiiKlrcd thousainl doilars, ^^'^^ '"'•^•^
in sliares of ten dollars each.

Skc. 2. That said corj)()nition may purchase and hold real eslate, General pow.
such as may be required for the purposes thereof, or such as they *"'
may l)e ohligccl or deem it for their interest to tak<'in thesettlement
of any debts due the said corporation, and may dispose of the same;
may sue and be sued in all Courts of this State; may have and use
a common seal, and make such by-laws for their regulation and
government as they may think proper: Provided, The same are not ■
inconsistent with the Constitution and laws of the United States and
of this State.

Sec;. 3. That said corporation shall have the right to erect a dam May erect dam
across the Savannah River, below the mouth of Stevens' Creek, in Rrver. *^"^"
the County of Edgefield, terminating on the opposite side of said
river at any point not exceeding one thousand yards below the mouth
of Red Creek: Provided, There shall be left in said dam fish ways
for the free p.ssage of migratory fibh.

Sec. 4. That said corporation may go into operation whenever a -^jj^^ n,,^
majority of the stockholders may determine, and after one month's 'nto operation,
public advertisement in the newspaper published in the County of
Edgefield, to be designated by the President.

Sec. o. That George C. Robinson, Samuel J. Lee, M. A. Ransom ^""^^ of ^"i'-

° ' ' scripiion.

and Robert R. Reed, may open books and take subscriptions for the ?

capital stock in such manner as they may deem expedient, at such
times and places as they may designate in a public advertisement;
and the stockholders, having had two weeks' public notice in a news-

. . . . Election of of-

paper published in the vicinity of the establishment, may meet and ficers.
proceed to elect such Directors and other officers as they may deem
necessary for conducting the aflfairs of the company, which Directors
shall elect a President from among their number; all of such Di-
rectors and officers to hold their offices until their successors shall
be elected, and to receive such compensation as the stockholders, at
each annual election, shall determine.

Sec. <). The officers of the company shall submit annually to the Annual state-
stockholders a written statement of the affairsof the company. ""^°'"

Sec. 7. That this Act shall be deemed a public Act, and shall
continue in force twenty-five years.

Approved February 27, 1873.

418 STATUTES AT LARGE

A. D 1873. AN- ACT TO Incoki'ouatk the pALMErro Tramway and
*^ " ' . Steam Mill Company.

No. 345.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sittinf; in CJene-
ral Assembly, and by the authority of the same, That David Risley,
orporiiors. ^y.^rJ.^.^ j^ Hestou, and F. L. Gunn, and their associates and suc-
cessors, are hereby constituted a body politic and corporate, by the
name and style of the Palmetto Tramway and Steam Mill Cora-
Corporate name, pany, and by such title shall have a corporate existence for the
term of twenty years ; and may sue and be sued", plead and be im-
pleaded in every projjcr Court of tlie State of South Carolina ; and
may have and use a common seal, which it may change or alter ut
pleasure ; and shall be capable of purchasing, holding, ubing, leasing
Powers and and convevint^ estate, real, personal, and mixed, and other property,
and accjuiring the same byj^gift or devise ; and may make all necessary
by-laws and regulations for its government not inconsistent with the
laws of the State of South Carolina and with the United States.
Sec. 2. That the said company be, and are hereby, authorized
and empowered to construct, maintain and operate one or more
a n d^ '^"operate tramways on either bank of the Pee Dee River, or its tributary
ramways, streams, at any point above Bull Creek ; on Black River, at

any point above Brown's Ferry ; on Santee River, at any point above
Hume's Ferry. That the said tramways shall be used and operated
By what ope- ^Y Steam, horse or any other motive power, and of any width of gauge
^uge'!'"^"^"^''''' whatever, not exceeding five feet in width. That the said tramways
shall be laid with wooden rails, tram rails, or the common edge rails,
usually used in laying railroads. The said tramways shall be used
,. y^^}^ 7^f' to move timber and other products of the country, and shall start

kind of rails to '

^*'*''^- from the river banks, and run back into the timbered lands: Provided,

That no charges shall be made or collected for the transportation
of passengers on the said tramways.

Sec. 3. That the said company is hereby authorized and empow-

Mny navigate _ . .

theoceanHn.itn. ered to navigatc the ocean and tributary rivers, bays, creeks, and

butary streams. ^ _ i i i

Other waters, by aid of steam, or other vessels or boats. Hats, or
rafts for the transportation of timber, lumber, naval stores, or other
produce, or merchandise, and such like ; and to purchase, build,
charter, maintain, use, dispose, and replace steam and other vessels,
boats and flats therefor, in connection with said tramways, to be
constructed by the said company.
May conptruct Sec. 4. That the Said company is hereby authorized and empow-
mSrs, giiis7&c. ered to buy or construct gang and circular saw, grist, shingle and
planing mills, and cotton gins, to be run by water, steam, horse or
any other motive power, and to operate the same as may be necessary
in their business.

OF SOUTH CAROLINA. 419

Skc. 5. That the capital stock of sai«l eompiiny shall be three a. n. is;.!,
huiidretl thousand dolhirs, divided into shares of one hundred dol- ^

lars each ; hut when the sum of iifly thousand dollars shall have C»i'ital utock.
been subscribed and paid in, in tiie manner hereinafter provided, the
said association my be organi/A'd and go into operation : Provided,
That the stockholders of the said company shall be liable for the
amount of their respective share or shares of stock in said company
for all its debts and liabilities upon note or otherwise.

Skc. 6. That, for the purpose of raising the capital stock of said nooks of sub-
association, books of subscrij)tion may be opened by or undi-r tiie '*'="f"''°-
direction of a majority of the corporators, at such time and places as
shall be deemed to the best interest of said association. That the
sai<l books shall be kept open until fifty thousand dollars have been
subscribed and paid in ; and they shall give public notice of the
time and place of the opening of said books, in one or more news-
papers of the State.

Si:r. 7. That the said David Risley, AVarren K. Heston, and Election of of-
r. L. Gunn, shall, immediately after the subscription to the said '^'"^''
association shall amount to fifty tliousand dollars in actual cash
paid in, call a meeting of the stockiiolders for an election of such
officers as the by-lawsagi-eed upon by said stockholders shall prescribe.

Skc. 8. That subscriptions to the capital stock may be made in Subscription.-:—
money, lands, bonds, timber, railroad iron, mills, machinery, mill made."
sites, materials or labor, as may be stipulated.

Skc. 9. That the profits of said association may, from time to Division of
time, be divided among the stockholders, according to such rules p'^^'*-
and regulations as they may prescribe.

SiX". 10. That the stock of said association may be transferred in such stock transfer-
manner and form' as may be directed by the by-laws of the association. ***'*'

Skc. 11. That said tramways shall be subject to the provisions of
an Act entitled " An Act to declare the manner by which the lands, vi-ions of certain

■Vet *

or the right of way over the lands, of persons or corporations may
be taken for the construction and use of railways and other works
of internal improvement," ratified September '2'2, A. D. 1<S(!S.

Sec. 12. That this Act shall take effect and go into force from
and after its passage.

A])proved February 27, 1<S7;I.

AN ACT TO iNCOUrORATE TIIK PuKSnYTKUIAN ClIUKClI, AT ^^q. 346.

Abbeville Court House, Soutu Carolina.

Section 1. Be it enccled by the Senate and House of Represen- •
tatives of the State of South Carolina, now met and sitting iu
General Assembly, and by the authority of the same. That the

420 STATUTES AT LARGE

A. D. 1873. officers and members of the Presbyterian Churcb, now existing at

!!! '^ Abbeville, be, and the same are hereby, incorporated and declared

to be a body corporate, by the name and style of the Abbeville

Presbyterian Church, and by that name and style shall have suc-

Corrorate name. (.(jjgiy,j of officers and members, and shall have a common seal.

Sec. 2, That the said corporation shall have power to purchase,
receive aiid hold any real or personal estate, not exceeding in value
Powers and ^^® "''"'" ^^ ^^^^ thousand dollars, and to sell, convey and dispose of
priviieijes. ^j^g garae ; and by its corporate name may sue and be sued in any

Court of this State ; and to make such rules and by-laws, not re-
pugnant to law, as it may consider necessary and expedient, and as
shall, from time to time, be agreed upon by its members, or by a
majority of them.

Sec. 3. That the said corporation shall be, and are hereby de
di-spoJe of prop- clarcd to bc, able to have, receive, retain and enjoy all such estate,
real or personal, that the said corporation is now possessed of, or
entitled to, or that has already been conveyed, given, devised or
bequeathed to said corporation, or to any person or persons, for the
use of said corporation, by or in whatever name such conveyance,
release, devise, gift or bequest may have been made.

Sec. 4. That this Act shall be deemed and held to be a public
Act, and shall continue in force until repealed.

Approved February 27, 1873.

erty

No. 347, AN ACT to Alter and Amend Section Forty-five (45), of
Chapter Twenty-five (25), of Title Six (6), of Part First
(1), OF THE General Statutes, Relating to Trial Jlstices.

Be it enacted by the Senate and House of Representatives
of the State of South Carolina, now met and sitting in Gone-
"(.fficen," strick. ral Assembly, and by the authority of the same. That Section Forly-
'°''"'' five (45), of Chapter Twenty-five (25), of Title Six (6), of Fart

First (1), of the General Statutes, be, and the same is hereby,
altered and amended, by striking out all of said Section after the
word " office."

Approved February 27, 1873.

OF SOUTH CAROLINA. 421

AN ACT TO AlillOGATK AND SiNK ALL THAT I'oRTIOX OF* THK ^^' '' '^''^'^

Dkht OF THE State OF South Carolina lN(ii:itr,i> rN Ain of jt o,c
THE Lati: Rebellion Acainst the Uniti:i) Statics.

Whoroas Article fourteen, in uincnflmciit of the Constitution of presmbie.
tlie United Stjites, in Section four thereof, among other thing:?,
enjoins thiit neither the United States, nor any State, shall assume or
pay any debt or obligation incurred in aid of insurrection or rebel-
lion against the United States, or any claim for th(; loss or emanci-
pation of any slave; but all such debts, obligations and claims
shall be held illegal and void ; and whereas the Constitution of the
State of South Carolina, in Article nine, Section sixteen, enjoins
that no debt contracted by this State in behalf of the late rebellion,
in \vhole or in part, shall ever be paid ; therefore,

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Geu-
eral Assembly, and by* the authority of the same, That all of the
indebtedness and obligations whatsoever of the State of South Car- coimnt'*^^ wluiTn
olina, coming within the constitutional prohibitions aforesaid, as probihiUoiiTnun
contracted or incurred in aid of the said rebellion, or which are '»"<i^«'»^-
covered or described by or under such prohibitions, or either of
them, and all authority for incurring or assuraiugsuch indebtedness
or obligations on the part of the said State, are, all and singular,
hereby abrogated and declared and held to be illegal and absolutely
null and void.

Sec. 2. All such indebtedness and obligations of the said State Such indeit-

. . . e<ln>-8s to he

as arc mentioned in the next preceding Section shall be immediately dropprd trom
dropped and excluded from the debt of this State, and shall never
be reckoned with nor form any part of the same.

Sec. 3. Whoever shall violate this Act shall, on conviction, be reraity for
punished by a fine of one thousand dollars, or by imprisonment in I'ct." '"^
the Penitentiary for one year, or by both such fine and imprison-
ment, at the discretion of the Court.

Sec. 5. This Act shall take effect upon its passage. effect.*" o ta o

Approved February 27, 1873.

AN ACT to Pkovide von a Special Assessment oe Taxes in Jsu. 349.
Aiken Col'nty.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in (Gene-
ral Assembly, and by the authority of the same, That a special

422 STATUTES AT LARGE

A. P. 1RT3. iissessnieut of taxes in the County of Aiken shall be made by the

Auditor of said County between the 1st day of June and .Slst day

\iken 'ttT'^miike °^ October, A. D. 1873, in tlu* same manner as is provided for

-pccini ii-btss- assessment of taxes in ChiiiJter XII, Title .'i, of tlu- Genonil Sta-

lutes of the State.

Tiixos to be Skc. 2. That, from the completion of the .>^i)ecial assessment, taxes

collected in ao- _ ' ' '

coidance there- shall be Collected in accordance therewith.

with.

Skc. 3. That the Auditor of the County of Aiken be, and is
One thousand hereby, authorized to draw his warrants upon the Treasurer of
aied tiieroior. Aikeu County, for the sum of one thousand dollars, to defray the
expenses of said assesspaent.

Approved February 27, 1873.

No. 350. AN ACT to Declare a Road Leading from the Nelson's
Ferry Road to the Murray's Ferry Road, in Clarendon
County, a Public Highway.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
declared a public and by the authority of the same. That the road recently laid out
ig way. .^ Clarendon County, leading from Mrs. Shorter's plantation, on

the Nelson's Ferry Ruad, by Mrs. i\[cKnight's plantation and Da-
vis' " Hard Run " Place, and on a direct line from thence by H.
H. Lesesne's plantation, and on lines of C. F. Lesesne and G.
Tucker's plantations, until it intersects the ^Murray's Ferry Road,
between the old Prince place and Mrs. Gramon's plantation, be,
and is hereby declared to be, a public highway.

Approved February 27, 1873.

No. 351. AN ACT to Amend an Act entitled "An Act to Author-
ize THE Formation of, and to Incouforate, the Spar-
tanburg AND Aiken Railroad."

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, uow met and sitting in
General Assembly, and by the authority of the same. That an Act
entitled "An Act to authorize the formation of, and to incorporate
the Spartanburg and Aiken Railroad," approved March 12, 1872,
be amended as follows, by adding the following Sections :

OF SOUTH CAROLINA. 423

"Se(". (!. That wliciievcT tlie volcr.s of any School (li.<trict, through a. p. m^.
which, or within five miles of the line contempliited by said road to g hooi dLtncu
be run, shall meet and vote, by a two-thirds majority of all t'^c J^^?^ ^^"^^'^^"''^
voters, to subscribe for stock of said road, the subscription not to
exceed ten per cc?tt. of the entire val^iatioii of the entire property
of the school district, the County Auditor shall assess, and the tor^°"j'^rMJ?uI
County Treasurer collect the same from such school district' in the coii^t'thTMme^
same manner as all taxes are assessed and collected. It shall be,
and it is hereby made, the duty of the Trustees of each school dis- tej\'ij'^lim'e"t'.
trict throuirh which tlie line of the said road is to be run, or within >"« <>r votem of
five miles of the same, to call a meeting of the voters of such school
district, giving at least thirty davs' notice of the same in the nearest . Notice of meet-
newspaper, and by posting the same in five conspicuous places in
the district : and a majority of the voters of the district shall as- xxo-tbirdsof

, , , , , . . voteM to vote

semble, and upon votinti, if two-thirds of the voters of the district to subscribe to

Stock.

shall vote to subscribe to the stock of said road, the subscription not

to exceed ten per cent, of the value of the entire taxable property Annunt of

BubscriDtioQ*

of the district, the School Trustees of the district shall make out a
certificate of the fact, and the amount of stock subscribed, and for- xru'tcs to cer-
ward the same to the Auditor of the County, within ten days of dn^r."
such meeting.

"Sec. 7. The County Auditor of each County wherein any school ad/neceiLry"
district may subscribe to the stock of said road shall, before he re- P^r jyi''*™ "
turns to the Treasurer of the County the tax lists, add to the lists
of the school districts making such subscription, the nectssary per
centum to pay such subscription, and the County Treasurer shall Treasurer to

* •' I ' •' ^ collect the same.

collect the same, in the same manner and at the same time that
State and County taxes are collected, and he shall hold the same
subject to the order of the School Trustees of the district from which
such tax shall be collected.

"Siic. 8. The School Trustees shall, upon being notified by the Trustees to pive

,. rn . 1 P 1 • 1 i-1 rn 1 1 • ordfr on Treiis-

County treasurer ot the funds in the County treasury, l)cu)nguig urer to pay for
to the school district, immediately pay for the amount of stock sub-
scribed, and give an order on the County Treasurer for the same, Suoh onier to
which order shall be a sufHcieiit voucher for the disbursement of the
said moneys. The School Trustees shall deposit such stock in some stock to be de-
National Bank in the State, and shall have control of the same ; {^onai'n.i'iTk.^ "'
and the said Trustees shall, before having control of said funds or
stock, give a bond, with two or more good and sufiicient sureties, for g;„^i"nd" '**
double the amount of taxes collected in their district, to their re-
si)ective school districts; conditioned upon the faithful discharge of
the duties rccjuired of them in (his Act."

Approved February 27, 1873.

424 STATUTES AT LARGE

vj_ ' ^', AX ACT TO Amend an Act Entitled " An Act to Incorpo-
Ko oo2 rate the Beaufort Railroad Company, in the Town and
County of Beaufort."

Section 1. Be it enacted ^^ the Senate and House of Represen-
tatives of the State of South Caroliua, now met and sitting in Gen-
auywhere in the Oral Asscmbly, and b}' the authority of the same, That the Beau-
ratesiime. ^ fort Horse Railroad Company are further authorized to hiy railway
tracks to such places in Beaufort County, as they may deem proper,
and operate the same by horse power,, or any other motive power.

Sec. 2. The said company shall have power, for the aforesaid
purpose, to take and hold any estate or property, real or personal,
^qn^?ng'^right*of ^^^^ may be necessary, and shall be invested with such powers as
^^^' ■ are provided under the Act of the General Assembly of the State

of South Carolina, passed September 22, 1868, and entitled "An
Act to declare the manner by which the lands, or the right of way
over the lauds, of persons or corporations may be taken for the con-
struction and uses of railways."

Sec. 3. That the capital stock of said company maybe increased
f 1. to such further sums as may be found necessary for the purposes
aforesaid : Provided, That the stockholders of the said company
Liability of shall bs liable, to the amount of their respective share or shares of
stock in said company, for all its debts and liabilities upon note or
otherwise. The books and accounts of said company shall be open
to inspection, under such regulations as may be prescribed by
law."

Sec. 4. The said company shall have power to borrow money, to
May issue issue bonds or other evidences of indebtedness so created, and secure

bonds, &c. , „ , , „ .

the payment or the same by mortgage or its property.

stockholders.

Sec. 5. That all Acts or parts of Acts inconsistent with this Act
are hereby repealed.

Approved February 27, 1873.

No. 353. AN ACT to Prevent the Obstruction of IlAni50R.s and Na-
vigable Streams in this State, by the Discharge therein
OF Ballast of Stone, Dirt and other Heavy^ ^Iaterials.

Section 1. Be it enacfcdhj the Senate and House of Representa-

DischarKing tivcs of thc State ofSouth Carolina, now met and sitting in General

drrtr&c.° in nav- Assembly , and by the authority of the same. That any owner or

imsdemeamor?' ** master of any vessel navigating the waters of this State, who shall

discharge, or cause, or permit to be discharged, from said vessel.

OF SOUTH CAROr>TNA. 425

any ballast of stone, dirt or other heavy nialcrial, into any harl»or, a. d. i'.;.--,.
bay, or navigable stream of this State, whereby the navigation, ^ "~

thereof is hindered or obstructed, or is likely to hinder or obstruct
the navigation, shall be held to be guilty of a niisdenieanor, and,
upon conviction (liereof, shall, for the first offence;, be iin[)ri.soned
in the County jail for a period not less than ten days, or more than
thirty days, ur a line of not less than twenty dollars, or iiKjre than
one hundred dollars ; and for the second oH'ence, shall be impris-
oned for not less than sixty days, nor more than one year, or lined
not less than one hundred dollars, nor more than five hundred dol-
lars, or both, at the discretion of the Court. One-half of said fine
shall go to the informer, and the balance to the Treasury of the
County wherein the offence was committed.

Sec. 2. That this Act shall take cfl'ect six months after the pas- Duty of Harbor
sage thereof, and it shall be the duty of all harbor masters to notify Meters of°° ' ^
all masters of vessels coming into their respective ports, of the pro-
visions of this Act, and where there is no harbor master, the Chair-
man of the Board of Pilot Commissioners shall notify the masters
of vessels.

Approved February 27, 1873.

sela.

AN ACT TO Ami:nd Skctions Nixeteex and Thirty-Three of No. 354.
Chai'tek XVIII OF Title VI of the Act entitled '' Ax
Act for Revising and Consolidating the General Stat-
iTEs OF the State," Kelating to the Boundaries of Lan-
caster AND York Counties.

Section 1. Be it enacted by the Senate and House of Represen- Bnundary licc

., , ,, 1- o I / < 1 • 1 • • • /-I of Lain-Hstcr and

tatives 01 the State or South Larolina, now met and sitting in uen- York defined.

eral Assembly, and by the authority of the same, That Section

nineteen (19) of Chapter XVIII of Title VI of the Act entitled

" An Act for revising and consolidating the General Statutes of

the State," be, and the same is hereby, amended by adding after

the words " Catawba River," in the second line, the wonls "and

Big Sugar Creek, from the point where it enters into saiil river."

Si;c. 2. That Section thirty-three (3l>) of said Act be amended
by striking out the words " from which it is separated by the Ca-
tawba River," in the last line, so that the Section will end with the
words " North Carolina line."

Approved Februarv 27, 1873.
28

420

A. D. 1873.

No. 355.

STATUTES AT LARGE

AN. ACT TO CiiAUTKU Tin: Grkknvilli: and Gap Crkek Tlrn'-
riKi; Company.

Section 1. Be it enacted by the Senate and House of Repre:?en-
tatives of the State of South Caroliua, now met and sitting in Gen-
eral Assembly, and by the autliorily of the same, That Solomon
Corporators. Jones, W. B. Johusou, William E. Earle, A. lilythe, Thomas C
Gower, Alexander McBee, John N. Greer, J. H. Cleveland, A. D.
Hoke and M. J. Bearden, together with .such persons as are now, or
may hereafter be, associated with them, be, and they are hereby,
constituted and made a body corporate and politic, by the name
Corporate name. m^(j j;tyle of thc Crrceuville and Gap Creek Turnpike Company ;
and, under such name and title, are authorized to build a turnpike
road from the city of Greenville to the State line on the Gap Creek
Road, under and in pursuance of the provisions of the General
Statutes in such cases made and provided, to erect one or more
May erect g^^^^ ou the Same for the collection of toll, and to charge the same
gates and collect j(^]|g ^g ^^.g ^^^^ authorized by law to be collected by the Jones'
Gap Turnpike Company, in proportion to the lengths of the two
roads.

Sec. 2. That this Act shall be deemed and taken to be a public
Act, and shall continue of force until repealed.

Approved February 27, 1873.

No. 356. AN ACT to Provide for the Payment of the Past Indebt-
edness OF Georgetown County.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same. That the County
Two mills tax Commissioners of Georgetown County be, and they are hereby, au-
eJne^s*' ^'^''^^' thorizcd and directed to levy and collect a special tax of two mills
on the dollar, on all the taxable property of said County, for the
fiscal year commencing November 1st, 1873, and continue the collec-
tion of the same each succeeding year, until the sum of ten thousand
(10,000") dollars shall have been collected, said sum to be used ex-
clusively for the purpose of paying the past indebtedness of the said
County of Georgetown.

Sec. 2. That the said tax shall be levied and collected at the
same time the general State tax is being levied and collected.

Sec. 3. That all Acts or parts of Acts inconsistent with this Act
be, and the same are hereby, repealed.

Approved February 27, 1873.

When to
collected.

OF SOUTH CAROLINA. 42't

No. 357

AX ACT TO Ami:nd an Act Entitlkd " An Act to Altkr and ^- ^- "''^•
Ami:nd an Act Entitled 'An Act to iNcoKrouATi: Tin:

VlI-LA(!K OP jMaKION,' AND FOU OTIIKU PuUPOSlJS THEREIN

Mentioned."

Be it enacted by the Senate and House of lieprcsentativcs of the
State of South Carolina, now met and sitting in General A.>.scnil)ly,
and ])y the authority of the same, That Section three of an Act to
alter and amend an Act entitled " An Act to incorporate the village
of Marion, and for other purposes therein mentioned;" approved
March 20, 18G9, be amended by adding the following at the end of
the Section : " Provided, That the Managers shall administer to
each person offering to vote, at any election held under this Act, an a.iminirtcroaths
oath that he is qualified to vote at this election, according to the
Constitution of this State, and that he has not voted during this
election ;" that Section four of same Act be amended by inserting,
after the word " forthwith," on the fourth line of the Section, and "Publicly" in-
before the word " count," on the fifth line, the word " publicly." ^^^^'

Approved February 27, 1873.

AN ACT TO- Authorize and Empower the County Commis- No. 358.
sioNERS OF Orangeburg County to Open and Keep in Re-
pair A PrBLic Road Running from the Monks' Corner
Road, at Lewi!5Vii,le, to the Bellvii.le Road, near But-
ler's Mill.

Be it enacted by the Senate and House of Representatives of
the State of South Carolina, now met and .sitting in Cieneral Assem-
bly, and by the authority of the same, That the County Commis-
sioners of Orangeburg County be, and they are hereby, authorized Public road
and directed to open and keep in repair a public road runnintr from "^"^^ '
the ^Monks' Corner Road, at Lewisville, to thcBellville Road, near
Butler's Mill, in said County.

Approved February 27, 1873.

AN ACT to Provide FOR AN Assessment of Rkai. Property No. 359
IN the Year 1873.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, That an asscss-

Assetompnt of

meiit of the real property in this State shall be made in the year Jl'rovidw"!?'*^

428 STATUTES AT LARGE

A. D. 187?. one thousaiul eight hundred and seventy-three (1873) at the same

'' time timt the assessment of personiil property is made, and in the

manner, and according to the rules prescribed for the assessment of

real property in Chapter XII of Title III of the General Statutes.

Comptroller SiX". 2. The Comptroller General is hereby authorized and di-

me"surt8''thett- rectcd to adopt the measures necessary to carry out the intent of

^"'■- this Act, and to exercise, for the purpose of making and completing

the assessment provided for in tliis Act, all the j)o\vers relating to

the assessment of real property conferred upon him by the Chapter

of the General Statutes hereinbefore cited.

Approved February 27, 1873.

Corporate name.

No. 360. AN ACT to Incorporate tiii: Newberry Cottok Mills.

Section 1, Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, That Wallace A.
Corporators. Cline, William G. Mayes, Emanuel S. Coppock, Andrew J. Long-
shore, John B. Carwile, James A. Crotwell, John McCairly, Samp-
son C. Merchant, William C. Parker, Christian H. Suber, Reuben
S. Chick, John 0. Peoples, Allen Johnson and Henry AVheeler>
and their associates and successors, are hereby made and created a
body politic and corporate in law, by the name of " The Newberry
Cotton ]\Iills," for the purpose of manufacturing, dyeing, printing
and finishing all goods of which cotton, wool, or other fil)rous arti-
objects of cor- clcs, may form a part, as well as all machinery used for such pur-
poration. poses, and for the transaction of such business as may be necessa-

rily connected therewith ; and may erect such mills and other
works as may be required to carry on such branches of manufac-
ture ; and they shall have power to raise, by subscription, in shares of
Capital stock. Qjjg hundred dollars each, a capital of three hundred thousand dol-
lars.

Sec. 2. That the said corporation may purchase and hold such

General powers _ ' • '

real estate as may be recjuired for the purpose of said corporation,
or so much as they may be obliged or deem it for their interest to
take into the settlement of any debts due the said corporation, and
may dispose of the same, and may sue and be sued, plead and be
impleadeil, in all Courts of law and e(iuity, may have and use a
common seal, and make such by-laws for their regulation and gov-
ernment as they may see proper: Provided, They are not incon-

OF SOUTH CAROLINA. 429

sistent with the Constitution iin«l laws of tiio United States and of -^ '''^
this State. '""^'''

Sec. .'). That the said cor])oration may organize, go into opera- -vehen m«v
tion and commence husiness whenever and as soon as one hundred commence op*-

nttioiu'.

thousand dolhirs to said stock shall he snhscribed for, and twenty
dollars per share of the same paid into the treasury of said corpo-
ration, iu cash ; and a certificate, signed by the President and
Secretary of said corporation, under oath, setting forth said sub- Certificate to be
scription and payment, shall ho filed in the office of the Secretary tar>' of s:iite.
of State.

Sec. 4. The members of said corporation shall be liable, jointly Liability of
ahd severally, for all debts and contracts made by such corporation, ^""^
until the whole amount of capital stock which may be subscribed,
as aforesaid, shall have been actually paid in ; and no note or obli-
gation given by any stockholder, whether secured by pledge of the
stock iu such corporation or otherwise, shall be considered as pay-
ment of any part of the capital stock until such notes or obliga-
tions shall have been actually ]iaid.

Sec. 5. That the capital stock shall be deemed personal property, capital stock
and be transferable upon the books of the said corporation ; and p^T"'*' P"^'^'"
no part of said capital stock shall, at any time, or upon any pre-
tense wliatever, be loaned to or divided amongst the stockholders;
neither shall the capital be withdrawn or divided among the stock-
riolders, until all tlie Jial)ilities ot the corporation are Jawiuliypaid; may be deciartfd.
and no dividends shall be declared, except from the earnings of
the corporation. Each stockholder shall have one vote for each Manner of vo-
share he may own or represent at the election of Directors, and all *'"^'"
meetings of the company.

Sec. 6. That, if the proprietor of any share shall neglect to pay upon failure to
any installment assessed thereon for thirty days after the time ap- rhuresto"be8oid!
pointed for the j)ayment thereof, the Treasurer of the corporation
may, by order of a majority of the Directors, sell, at public auc-
tion, such number of delimiuent shares as may be necessary to pay
such assessment: Provided, That such sale be advertised, for three
weeks successively, in some newspaper published in Newberry ^''■°'''="'-
County; and a bill of sale by the President of said corporation
shall transfer such shares to the purchaser, and entitle him to a
certificate thereof.

Si:c. 7. Tiiat Wallace A. Cliiic, Win. (i. Mayes, John 15. Car- Commi-wioncrs
wile and doliii O. Peoples may open books and take subscriptions uon*. "'*"'*^''*'
for the capital stock in such manner as they may <leem expedient ;
and when the sum of fifty thousand dollars shall be subscribed, the
stockholders, after two weeks' notice published in some newspaper
in the County of Newberry, may meet and I'lect a President, Di-

430 STATUTES AT LARCE

A.p. 1S73. rectors, and such other officers as they may deem necessary to con-
^ ^ duct the bu.-;iness of the corporation.

Annual state- ^FA'. 8. That the Directors shall submit to the stockholders, an-
™^" "■ nually, a written statement, under oath or affirmation of the Trea-

surer of the corporation, of the amount of the capital stock paid
in, the assets of the company, and its debts; which statement f^hall
be published in some newspaper in the County of Newberry.
Debts not to ^^^- ^' That the total amount of the debts of said corporation,
capf^. ^^^^ "^ ^^ ^°y time, shall not exceed the amount of the capital stock ac-
tually paid in ; and, in case of excess of debts over amount of
stock paid in, the Directors, under whose administration it shall
happen, shall be jointly and severally liable in their natural capa-
cities; and such Directors as shall be absent at the time such debt
in oxcess shall be contracted, shall be exonerated therefrom, pro-
vided they forthwith give notice of the fact to the stockholders, at
a general meeting, which such Directors shall have power to call
for that purpose.
Treasurer of Sec. 10. Tliat a bonus, equal to the amount of the State and

Newberry to pav i i ^ i • i

"bonus" to coi- County tax upon the assessed value or the improvements and raa-

poration.

chinery of said corporation, be paid to the Treasurer of said corpo-
ration, by the Treasurer of Newberry County, on the first Monday
in February of each and every year, for a period of ten years from
the passage of this Act.

Sec. 11. This Act shall be deemed a public Act, and continue of
force for twenty years.

Approved February 27, 1873.

No. 361. AN ACT to Incorporate the Pee Dee Agricultural and

Mechanical Association.

Section 1. Be it enacted by the Senate and House of Represent-
atives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That James C.
Corporators. Q^^jj^ j^^^^^ ^ Pctcsttin, W. D. Crosslaud, N. C. :McKinnon, S. W.
Evans, John Robison, R. M. Fegues, W. D. Evans, John AV. AVith-
erspoon, A. McQueen, W. L. J. Reid, George D. Mallay, James H.
Powe and S. G. Godfrey, and their associates and successors, be, and
are hereby declared to be, a l)()dy corporate and politic in law and
in deed, by the name of the Pee Dee Agricultural and Mechanical

Corporato name. ■' °

Association, and by the said name shall have perpetual succession
of officers and members, and a common seal, with power to change
the same as often as the said corporation shall judge expedient; and

OF SOUTH CAROLINA. 431

the saiil corponiliiiii slinll be liuhli' ami capahlt; in law to piirchaso, a.i». I873.

have, hold, receive, enjoy, possess and retain to itself, mid it.s sue- '^

C('«sors, in perpetuity, any and every estate, real or personal, whether rowers and

accruing; to the same by gift, purchase, devise or conveyance, n(jt P"^'''"**''"'

exceeding in value fifty thousand dollars; and the same, or any

part thereof, to sell, alien, devise or exchange, as often as the said

corporation may deem proper, and, by its name, to sue and be sued,

implead and ])e imj)leaded, answer and be answered in any Court

of law in this State, and to make all such by-laws and rules for the

government of said corporation as may, from time to time, be deemed

necessary: Provided, Such by-laws and rules be not repugnant to

the laws of the land: Provided, further, That the real and personal

property of each corporator shall be liable for the debts of said cor- porutirJ! ''^ *'*"^"

poration, or assigns, in any amount not exceeding the par value of

the stock held by them.

Sec. 2. That the principal end of the said corporation shall be objecu of «or-
the promotion of agriculture, mechanical arts, and other industry roration.
and ingenuity, through an annual fair, to be held in the County of
Chesterfield, and other appropriate measures, according to such rules
and regulations as tliey may see fit to establisli.

Sec. 'j. The members of said corporation shall be severally liable
for all debts and contracts of said corporation, only to the extent
and amount of their respective shares therein ; and the capital st<3ck

^ . Capital 6to:k.

of the said corporation sliall not be less than five thousand dollars
nor more than fifty thousand dollars.

Sec. 4. That the property and stock of the said corporation shall Property ex.

1 ,,.,,/-, 1 ... . , oinpt from tasa-

be exempted irom State, County and municipal taxation so long as tiou.
no dividends shall be declared and distributed amcng its members.
Sec. 5. That this Act shall be deemed a public Act, and shall be
taken notice of in all the Courts of this State without being specially
pleaded, an<l shall continue in force until repealed.

Approved February 27, 1873.

AN ACT TO Incoupokatk tim: Winyaii Bay andSantee Rah.- No. ^02.
ROAi> Company.

Sectiox 1, Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That Iv W. Fer- Corporators.
ris, W. TI. Dorril. S. A. Swails, B. F. Wickoi-sham, M. J. Ilirsch,
W. II. Jones, Jr., Phillip Heller, and James A. Bowlcy, and their

Liae of roa 1.

432 STATUTES AT LARGE

A. D. 1873. associates and successors, are hereby constituted a body politic and
„^ '^ corporate, by the name ami style of the Winyah I>av and Santee

Corj>orat« name. i » .' . - .

Railroad Company.

Sec. 2. That the said company i.- hereby authorized to construct
a railroad from the town of Georgetown, in the State of South Car-
olina, in nearly as direct a line as possible (the distance not to ex-
ceed forty miles) to the Santee River.
CotmnjP8ioners Sec. 3. That for the purpose of rai.sing the capital stock of the

to Uke subscrip. . • i n i i /. i i i • i c

iio36. said company, it sliall be lawful to open book.s in tiie town or

Georgetown under the direction of W. H. Dorril, W. H. Jones, Jr.,
and B. F. Wickersham, and in the city of New York, under the
direction of three Commissioners, to be hereafter appointed by the
incorporators hereof, for the purpose of receiving subscriptions to an
amount not exceeding two hundred and fifty thousand dollars, in
shares of one hundred dollars each, said subscriptions to be ex-
pended to and for the sole use in constructing the railroad provided
for by this Act, and to and for its uses.
Time and place ^EC. 4. That the time and jdaces for receiving such subscriptions

.'cTiptioMf ^^^' stall be hereafter fixed by a majority of the incorporators herein
named, and, prior to the opening of the books, public notice shall
be given, through advertisement, in one or more papers, for the
space of thirty days, and the books, when opened, shall be kept
open for sixty days, at each of the places where the same shall be
opened,
suhscribera to Sec. 5. That On cach share of the stock subscribed to, the sub-

• av ten dollars ., in i/-i •• •• i \ • •

on' each share, scribcr shall pay to the Commissioners receiving such subscription
the sum of ten dollars, who shall deposit the same in some National
Bank, and no ^subscription shall be valid without such payment ;
and at the expiration of the time herein prescribed for keeping open
the books, the said Commissioners shall make a return of the sub-
scriptions taken by them, and the sums paid thereon, to a Financial
Board to be hereafter chosen by the within named incorporators.

^vben may meet Sec. 6. That whcn the sum of fifty thou.sand dollars shall be

or„ nize. subscribed in the manner herein prescribed, the said company may

meet and organize, at such time and place as may be designated by

a majority of the Commissioners herein nameil for the town of

Georgetown, due notice being previously given.

Invested with Sec. 7. That, for the purpose of organizing and going into opera-

orx^iTKlT.^** tion, this company shall have all the powers conferred by the
original charter of the Northeastern Railroad Company on the
Commissioners therein named, and the same are hereby vested
in the incorporators named in this Act, each subscriber being
entitled to a vote for each share of stock held by him or her: Pro-
vided, That nothing herein contained shall be construed so as to

OF SOUTH CAROLINA. 433

exempt the said company frotii ihc payment of taxes, or to plcdfjc, '^'- "^""-^
by way of en<lor8emcnt or otliorwise, the credit or the funds of the ^^^ i.xempt
State of South Carolina, in aid of th<> construction of said road : Jro-n payment of
Provided, further, That notliing herein contained shall be so con-
strued as to exenijit the said company from (he provisions of Sec-
tion 1, Chapter LXIII, of tliedcneral Statutes.

Sec. 8. That said company shall put in <rood and sufficient draws, Draws and

-, , , , * • I .1 tam-outA.

and shall construct necessary stations and turnouts, with one or
more tracks to the road, and may co-operate with such road or roads
as may have been already or may be hereafter chartered by the
State of South Carolina, formino; but one road at their discretion:
Provided, That the said road shall be commenced within two years Proviso,
and completed within seven years after the passage of this Act, or
the charter thereof shall be forfeited : And provided, further, That yuumsoc certain
said road shall be subject to the provisions of an Act entitled "An
Act to declare the manner by which the lands, or the right of way
over the lands of persons or corporations, may be taken for the con-
struction and uses of railways and other works of internal improve-
ment," ratified September 22, A. D. 1868.

Approved February 27, 1873.

AX ACT TO Incorporate the Sherman Rifles, of Edgefield No. 363.

County.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That Isham Rai- corporators.
ford, FateCoates, Joseph Walker, !March Harrison, and their asso-
ciates and successors in office, be, and they are hereby declared to
be, a body politic and corporate, under the name and style of the •"T''™ * '"""^•
"Sherman Rifles," with all the powers now granted to or vested in rowcm and
such like corporations by law, to sue and be sued, plead and be im-
pleaded, in any of the Courts of the State, and to have a common
seal, to alter at will, and mak(; such rules and by-laws as arc not re-
pugnant to the laws of the land.

Sec. 2. This Act shall be taken and deemed a public Act, and
to remain in force until repealed.

Approved February 27, 1873.

434 STATUTES AT LAKGE

^A. D. 1873. j^-^ ACT TO I-NconroRATE TiiK NJ:^YI{I:RRY AND Ciii:sti:r

XT o/. I Railroad Company.

ho. 364.

Section 1. Be it enacted by the St'iiatc! and House of Represen-
tatives of the State of South Carolina, now met and sittinj: in Gene-
Corporators, eral A.ssenibly, and by the authority of the same, That W. G.
Mayes, J. M. Baxter, D. R. Phifer, J. D. Boston, T. F. Harmon,
R. L. ]\[cCautj:lirin, J. P. Pool, B. J. Ramage, H. C. Corwin, George
W. ]\Ielton, Wni. H. Brawley, John Lee, C. C. Macoy, J. L. Agurs,
John Lilly, and B. G. Yocora, and their a.s80ciates and succedsors,
rpora e name. ,^^^ hereby Constituted a body politic and corporate, by the name
and style of the "Newberry and Chester Railroad Company."
Sec. 2. That the said company is hereby authorized to construct
Line of road. ^ railroad from the town of Newberry to the town 6f Chester, of
whatsoever gauge, and on what line may be practicable, and for the
purpose of raising the capital stock of the said company, which
Capital fctock. ghall not exceed two millions of dollars in shares of fifty dollars
each, books may be opened in the town of Newberry, by R. L.
Commissioners McCaughrin, W. G. Mayes and H. C. Corwin, and in the town of

to receive sub- o > j '

scripuons. Chester, by John L. Agurs, John J. McCIure and Wm, H. Brawley,

at such times as they may think best, of which due public notice
shall be given by advertisement in the newspapers of the respective
Counties through which said road may pass.

Sec. 3. That on each share of stock subscribed, the subscriber

pay five'doTiars shall pay to the Commissioners receiving such subscription the sum

s are. ^£ ^^^^ dollars, and \vhen the sum of twenty-five thousand dollars

When may shall be Subscribed, the said company may meet and organize at

meet an organ, g^^(.\^ ^ipjg ^nd placc as may be designated by a majority of the Com-
missioners herein named, due notice having been first given of the
time and place of such meeting in newspapers published in the
County of Newberry and the County of Chester.

Sec. 4. That for the pur'pose of organizing and forming this cdm-

po^ver!f*confrrr^ P^^Yj ^^^ t^^^ powcrs Conferred by the charter of the Northeastern

idonN.K.iiiiii- i>ailroad Company, on the Commissioners therein named, shall be
vested in the Commissioners named in this Act; all the powers,
rights and privileges granted by the charter, and the amendments
thereto of the Northeastern Railroad Comi)any to that company,
shall be, and the same are hereby, granted to the Newberry and
Chester Railroad Company, subject to the conditions therein named,
except as to the amount of capital stock, the sum necessary to au-
thorize organization, and, except so far as the special provisions of
this Act may otherwise require the .same to be modified or varied :
Proviso. Provided, That said road shall be subject to the provisions of an Act

entitled "An Act to declare the manner by which the lands, or the

OF SOUTH CAKOLINA. 435

rij;lit oi' way over tliu luiida ol" persons or corporatiou.s may he a.d. ihts.

taken for the con^itruction and uses of railways and other works

of internal iinprovenieiit," nitided Septeinher 22d, Anno Domini,

1-'^6S: Provided, J'nrihrr, TtmL nothing herein ('(jnlained s^liali he so i-roviso,

construed as to exempt the said company irom the payment of

taxes, or to exem|)t them from the provisions of Section 1, Chapter

LXIII of the (General Statutes; and such company is hereby

further authorized to receive subscriptions to its capital stock in . ^ap'*"' «<?''*•

' I in what recciTa-

landd or labor as may be agreed upon between said company and '''*'•
such subscribers.

Skc. 5. This Act shall be deemed a public Act, and shall con.
tinue in force for twenty-one years: Provided, This road shall be
commenced within three years and completed within seven years
from the passage of this Act.

Approved February 27, 1873.

AN ACT TO Incorporatk the Moulteieville Railroad. No. 365.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That S. Frazer, corporators,
and his associates, be, and they are hereby declared to be, a body
corporate, under the name and style of the Moultrieville Railroad corporate name.
Company, with full power and authority to construct a railroad
I'rom any point or points near the steamboat landing on Sullivan's ">e of road.
Island, to uny point or points in the interior of said ishuul.

Sec. 2. That the capital stock of the said company shall be Capital stock,
twenty-five thousand dollars, in shares of one hundred dollars each,
and the said company shall not commence the work of building
said road until at least one-half of its capital stock shall have been
paid in cash.

Sec. 3. That the said railroad company shall have full powrr* May construct

, , . , . , , . , road along tho

nn«l autlionty to construct tlieir road along any ot the streets or strteta.
the said town of Moultrieville.

SEt'. 4. That this Act shall be deemed a public Act, ami shall
continue in force for twenty-one years : Provided, That the railroad Proviso,
herein provided for shall be commenced within two years fmm the

43G STATUTES AT LARGE

A. 1). 1873. passage of this Act: Provided, farther, That the stockhohli'i-s of

Liability of ^^^ ^^^^ company shall be liable, to the araouut of iheir respective

stockholders. share ov shurcs of stock in said company, for all its debts and lia-

Books open to bilitics, upon note', or otherwise. The books and accounts of said

in!,pection. company shall be open to inspection, under such regulations as

may be prescribed by law.

Approved February 27, 1873.

Corporate name.

No. 3G0. AN ACT to Incorporate the Grand Lodge of Abstinence,

OF the State of South Carolina.

' Section 1. Be it enac'ed by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-

Corporators. eral Assembly, and by the authority of the same. That Isaac A.
Givens, E. P. Stoney, Henry Vans, John C. Ford, Thomas S. Ford
and Wm. T. Comack, and all others who now are, or may hereafter
become members of the Grand Lodge of Abstinence, be, and they
are hereby, inc()rj)orated by the name of the Grand Lodge of Ab-
stinence, of the State of South Carolina, and by that name shall
Powers and have cajiacity to sue and be sued, plead and be impleaded, in any

pnv eges. ^^^j ^jj ^£ ^^^ Courts of this State; to contract and be contracted

with, to have a common seal, and to alter the same at pleasure.
And the said Grand Lodge, through its officers, shall have perpet-
ual succession, and may grant dispensations and charters to subor-
dinate Lodges, to be subject to, and under its jurisdiction, and make,
ordain and establish its constitution, by-laws, rules and regulations,
not inconsistent with the Constitution or laws of this State, or of
the United States; and may acquire, hold and enjoy so much real
estate as may be necessary for the erection of proper buildings and
offices, not to exceed ten acres, for carrying on and conducting its
business, and in the erectron of its Lodge Room ; may erect store
rooms or offices in the lower stories thereof, and rent out the same,
and collect the rent ; and hold or lease the same as the Grand
Lodge may desire, subject to the regulations hereafter prescribed.
Sec. 2. That said Grand Lodge shall have power to collect its
May collect revenue, and to apply the same according to the custom of the

its revenue and ' i i J o

loan out the order, or may loan out the same for the purpose of aiding in benev-
olent enterprises, or for the purpose of accumulation: Provided,
Proviso. That the funds in money, or choses in action, shall not exceed, in
available a.ssets, the sura of fifty thousand (50,000) dollars, at any
one time, and shall not be loaned upon usurious interest; nor shall

OF POUTH CAROLINA. r.M

tlie ruiidd or accretions tlK-rcof he used otlu'rwise than (or the pay- ^- ^- ^''^"•
ment of the expenses of the said Grand Lodge, ami for diaritable
jKirposcs ; and heing thus set apart, the same shall not l)e liable to
taxation.

Sec. 3. That the officers of each subordinate Lodge under the Suboniinate
juri-sdictiou of this Grand Lodge, (whose chief officer shall be ex of.
ofjirio a member of said Grand Lodge,) and their successors in
office, be, and the same are hereby, created a body politic and cor-
porate, so far as to enable them, for each of their respective Lodges,
to receive, hold and enjoy, possess and retain property, I oth real
and personal, not exceeding in value the sura of twenty-five thou-
sand dollars, (.$25,000,) and to sell, alien or lease the same, in any
manner deemed advisable by said subordinate Lodge; and which Powersof.
subordinate Lodges shall be, and are hereby, incorporated by the
name specified in the charter, or dispensation granted by the said
Grand Lodge, to each of them respectively, which said charters or
dispensations, whether granted heretofore or hereafter, by said
Grand Lodge, shall be evidence of the fiict of incorporation, under
this Act, in any Court of this State, without further proof; and by
such name said subordinate Lodges may sue and be sued, plead and
be impleaded, and do all things enjoined by said Grand Lodge, not
inconsistent with the Constitution or laws of the land, and within
the scope and of the powers hereby conferred upon said Grand
Lodge; and the said subordinate Lodges, respectively, shall retain
their said corporate powers so long as the said Grand Lodge shall
continue their respective charters or dispensations, but shall cease
to possess any corporate existence when the charter or dispensation Limitation of
shall have been revoked or taken away by said Grand Lodge; and
all the effects of such subordinate Lodge as may forfeit its charter
or dispensation, shall belong to the said Grand Lodge, and each
subordinate Lodge shall have the same powers, with i-espect to its
assets, as are coufeiTcd by the second Section of this Act upon the
(irand Lodge. I

Sec. 4. That the said Grand Lodge, and each subordinate Lodge May acquire
or Lodges under its jurisdiction, shall have, respectively, power to property'!''**
receive by gift, grant, contract, devise or donation by will, sub-
scription or otherwise, any personal or real estate, not exceeding in
value the sum hereinbefore mentioned as the maximum of their
assets, respectively ; and shall have jjower to sell, alien or dispose of the
same; and no such gift, grant, contract, or devise, or donation by will,
subscription or otherwise, shall fail by reason of any misdescription
in the name of such corporation ; and all contracts or agreements
which may have been lawfully entered into by said (irand Lodge
or sulxirdinate Lodge or Lodges, umler their organization hereto-

438 STATUTES AT LARGE

A. D. 1873.

fore, .'^hall l)e binding upon them in their several corporate capaci-
ties under this Act; and the same may be enforced l)y them respec.
tively, and the property and effect.s owned by tliem, being dedicated
to charitable purposes only, shall be exempt from taxation.

Sec. 5. That this Act shall be taken and deemed as a public Act,
and notice thereof shall be taken in all the Courts of Justice and
elsewhere, in this State, and sliall be given in evidence on any trial
of issue or cause, without special pleading.

Approved February 27, 1873.

Xo. 367. AN ACT to Incorporate the Antipedo Baptist Church of
Christ, in the Town of Georgetown.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
Corporators. eral Assembly, and by the authority of the same. That David
Henry Smith, Nathaniel H. Guyton and James L. Ward, and their
successors, who shall hereafter be members of said church, shall be,
and are hereby declared to be, a body corporate, in deed and in law.
Corporate name ^y ^^® name and style of the Antipedo Baptist Church of Christ, of
the town of Georgetown, and, by the said name, shall have perpet-
ual succession of officers and members, and a common seal, with
power to change, alter and make new the same as often as said cor-
poration shall think proper.

Sec. 2. That the said corporation shall be capable in law to pur-
Powers and chasc, havc, hold, receive and enioy forever, or for any term of

pri\-ileges. > > 7 j j 1 j

years, any lands, tenements or hereditaments, or personal property,
not to exceed the annual income of five thousand dollars, and to
sell and alien the same as tlie said corporation may think j)roper ;
and the said corporation may, by its said name, sue and be sued,
plead and be impleaded, answer and be answered unto, in any Court
of law or equity in this State; and make any such rules and by-laws,
not repugnant to the laws of the land, as for the government of said
corporation may be deemed expedient; and may change, alter,
amend or renew any of the present or future rules and by-laws,
from time to time, as by the said corporation may be thought ne-
cessary or expedient.

Sec. 3. That this Act shall be in force until repealed. It shall
May hold and and may be lawful for the officers or trustees of this society for the
perty!^ 0 pro- ^.^^ being, to havc, hold, possess and enjoy all and singular the es-
tate, real and personal, which did belong to said corporation, in

OF SOUTH CAROLINA. 439

trust for the use of tho said congregatiijii, jukJ subject to the rules a. d. 1873.
and regulations of the said society ; and that 'the said officers or ~'

trustees shall hsive full power and authority to sell and convey the
said estates for the benefit of the nu-tiibers of the said soeiety to any
person or persons who may purchase the same; any law, usage or
custom to the contrary in anywise notwithstiindini;.

Skc. 4. That this Act sliall be deemed a piiblie Act, and notice
thereof shall be taken in ail Courts of Justice-in this State, and may
be given in evidence without special pleading.

Approved February 27, 1873.

AN ACT TO Rkquire County Coroners to Report to the No. 368.
Governor in Capital Cases.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That it shall be coronpr to no.
the duty of each County Coroner, whenever a homicide has been cnmiimrsTscape
committed in his County, and the party committing such homicide
has not been arrested, or having been arrested has escaped custody
before bill found, to forward a report to the Governor within three to embnlce.^^'**
days after the holding an inquest by him, or, in cases of escape,
within three days after notice of such escape, which report shall
embrace the name of the person killed, and the name of the per-
son, if known, charged with committing such homicide, together
with a copy of the evidence taken before the jury of inquest, and
the verdict rendered thereupon: Provided, That, in case of escape, tit^^cdfoner^of
it shall be the duty of the Sheriff or other officer having custody of "''^'°"''» •»<=*p«
the party, to notify such Coroner of the escape promptly.

Sec. 2. Upon the receipt of any report, as provided in Section 1 Governor nmy
of this Act, the Governor may, in his discretion, ofler such reward npprehension of
as the gravity of the crime warrants, not exceeding five hundred
dollais in any case, for the apprehension and delivery of the tleeing
or escaped criminal, as the case may be, to the Sheriff of the County
in which such alleged crime was committed, which reward shall
be paid upon the warrant of the CJovernor, from his contingent
fund.

Sec. 3. Any Coroner who shall willfully neglect to make the re- Coroner, p«n-

• 1 1 • • • 1 ,■ 1 • • 1111 1-11 • !• "'•>' '^°f neglect

port, as provided in Section 1 01 tins Act, shall be lial)le to indict- of duty.

ment as for a misdemeanor, and, upon conviction, shall be fined

not less than fifty nor more than live hundred dollars, or imprisoned

440 STATUTES AT LARGE

A. D. is:3. jjy^ i^^j.^ tlwm tliirty days, iior more than six months, or both, at the
^■'~^^'^*^'^ discretion of the Court.

Sec. 4. All Acts and parts of Acts inconsistent with this Act be,
and the same are hereby, repealed.

Approved February 27, 1873.

Repealing clause

No. o69. AN ACT to Autiiouize the County Commissioners of Sum-
ter AND Darlington Counties to Build a Bridge across
Lynch Creek.

Section 1. Be it enacted by the Senate and Hou?e of Represent-
atives of the State of South Carolina, now met and sitting in Gen-
Brid!;e across eral Assembly, and by the authority of the same, That the County
Lynch's Creek. Cy,ui^iggio,iers of Sumter aud Darlington Counties be, and they
are hereby, authorized and required to build a bridge across Lynch
Creek, at some point where it is the boundary line between said
bfar'^ei*^eli!^eJo°f Counties; and that the expense of building said bridge shall be
building bridge equally divided between said Counties.
Frej of toll. Sec. 2, That the said bridge shall be free, and no toll or charges,
whatever, be collected for crossing said bridge.

Approved February 27, 1873.

No. 370. AN ACT to Amend Section \ of an Act entitled " An Act
to Regulate Pilotage at the Ports of Charleston, Beau-
fort and Georgetown."

Be it enacted by the Senate and House of Representatives of
the State of South Carolina, now met and sitting in General As-
oovprnor to scmbly, and by the authority of the same, That Section 1 of " An
B^.aH°^?'"*Piiot Act to regulate pilotage at the ports of Charleston, Beaufort and
comm.8iioneK. Georgetown," approved February 27, 1872, be amended so as to
read a.s follows : " That the Governor is hereby authorized to ap-
point separate aud di.-tinct Boards of Pilot Commissioners for the
ports of Charleston, Beaufort, Georgetown and Little River, in
„ ^ , u * Horry County, each Board to consist of three persons, of whom

Board, of what j .' ^ »• i

toconsut. two shall be, or shall have been, sea-faring men, and the third a

Jurisdiction of ^^'11 branch pilot. The Commissioners of Pilotage, for tiie port of
?or"iicaufor°!" Bcaufort, shall have jurisdiction over St. Helena, Port Royal, and
all entrances southward.

Approved February 27, 1873.

OF SOUTH CAliOLINA. 441

A. I). ISTJ.

No. :J71.

AX ACT TO Amknd ax Act i:NTrri<i;i> " An Act for the Pro-
tection AND I'ki:skkvath>n OK Uhkiul Animals."

' Auvrust" in-

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Asseniblv, and hy the authority of the same, That Section 1 farted >n lieu of

-.•'-. " September."

of an Act entitled " An Act for the protection and preservation of
uselul animals," approved March 12, 1872, be, and is hereby,
amended as follows, to wit : by striking out the word "September,"
in the sixth line thereof, and inserting the word " August," in lieu
of the same.

Sec. 2. That Section 4 of the same Act be, and is h(;rebv, "Apni" insert-

e'l in lieu of

amended as follows, to wit: by striking out the words " 15th day of "Fe'.ruary."
February," in the second line thereof, and inserting the words
" 15th day of April," in lieu of the same.

Sec. o. That Section 5 be also amended, by striking out the word "Rjbins"

"robins" where it occurs on the ninth line thereof.

Approved February 27, 1873.

AN ACT to Amend Section Seventh (7), Chapter One Hun- No. 372.
dred and Fourth (104), of Title One (1), Part Third (3;,
OF THE General Statutes.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That Section Seventh (7), sheriff of Rich.
Chapter One Hundred and Fourth (104), of Title One (1), of Part le^ln" oV'slil
Third (3), of the General Statutes, be amended so as to read as P'"°' ^""'■'•
follows: The Sheriff of Richland County shall attend every ses-
sion of the Supreme Court, to perform such official services as by
the said Court shall be recjuircd, and he shall be allowed, and paid compensation,
therefor, at the rate of live dollars per day. The Clerk of the said curkof si.id
Court shall give a bond, in the sum of three thousand dollars, to ^^^j' *° ^'^*
be approved by the Chief Justice thereof, for the faithful perform-
ance of the duties hereinafter devolvinir upon him. It shall be the To provide fur-

' , ntiiire, stntiot-

duty of said Clerk to provide lor said Court necessary furniture, ery, &c.

printing, blaidv books, stationery, fuel and lights; and the accounts

and vouchers for all aforesaid expenditures and service shall be cer- such exreodi-

tified to, under oath, by said Clerk, approved by the Chief Justice, tute»-how paid.

audited by the Comptroller General, and paid l)y the Treasurer of

the State out of any fun<ls not otherwise appropriated.

Approved Fel)ruary 27, Is 7.).
29

442

STATUTES AT LARGE

Corporators.

Proviso.

Coiporatenarae.

Line of road.

Capital stock.

Book."! of sul •
scnption.

Subscriptions—
in what receivt-
))le.

May mortpage
property uLd is-
buc bondb.

AN ACT TO Charter the (Jiieraw and Cuicsteu Kailroad

Company.

Section 1. Be it enacted by the Seuate and Hou.se of Representa-
tives of the State of South Carolina, now met and sitting in Gen-
eral A.ssenibly, and by the authority of the same, That, for the
purpose of establishing a railroad from Cheraw to Chesterville,
across the Counties of Chesterfield, Lancaster and Chester, a char-
ter, with all the rights and privileges incidental to the same, be,
and is hereby, granted to F. A. Kehew, W. A. Greenleaf, C. B.
Stuart, Henry Mclver, H. Craig, S. Jackson, J. S. Miller, W. A.
Evans, John Erwin, W. A. Moore, William Stevens, C. A. Plyer,
J. R. Welsh, George W. Melton, A. H. Davoga, T. 11. :Momitt,
William B. ^IcMillin and John Lilley, {Provided, That said per-
sons shall commence operations upon said road within two years
after the passage of this Act, and complete the same within five
years ;) and their associates and successor.'*, who are hereby ocmsti-
tuted a body politic and corporate, by the name of the " Cheraw
and Chester Railroad Company," and shall have a corporate exist-
ence for twenty-one years.

Sec. 2. That the said company is hereby authorized to construct
a railroad from Cheraw, in Chesterfield County, to Chesterville, in
Chester County, by such route as shall be found most suitable and
advantageous. The precise line and location to be determined upon
by the incorporators after the necessary surveys shall have been
made.

Sec. 3. That the capital stock of said company shall be one mil-
lion dollars, with privilege of increasing such capital stock to such an
amount as maybe found necessary to construct and equip the said rail-
road, said capital stock to be divi<led into shares of fifty dollars each :
and for the purpose of raising the said capital stock, it shall be lawful
to open books of subscription, at such time and places, to keep
them open for such periods of time, and under the direction of such
persons as may be determined on by a "majority of said incorpora-
tors. That subscriptions may be made in labor, material, lands
or money, at such rates, and on such terms, as may be agreed upon
at the time of subscription ; and that all amounts so subscribed,
either in labor, material, lands or money, shall constitute the joint
stock capital for the purpose of constructing and carrying into ope-
ration the railroad j)rovided for by this Act; and the said railroad
company shall have power to mortgage its property and franchises,
and to issue bonds on such terms and conditions, and for such uses
and purpoises of .said corporation as the Board of Directors thereof
may deem expedient.

OF SOUTH CAROLINA. 443

SiX". 4. Tl)at the said Clieruw iiiul Cluster liailroail Company A. D. 1S73,
niav, at any time durin;' the existence of thia clmrter, eliect a con- ~ ^, .'~.

•■ ' •' " _ ' CoDHolidntioa

solidatiou with any other railroad comi)any, forming a continuous "''"> "t^" '^'"i-
line with its own, according to the provisions of Sections 6 to 14,
inclusive, Cluiptor LXV of the Kevised Statutes.

Si:c. 5. That the said railroad company shall be subject to the
provisions of an Act of the General Assembly of South Carolina, vUion.s of ah to
passed Septeinlier 22, l^^fi.'^, entitled " Au Act to declare the man- wuy.
ncr l»y which lands or right of way over the lands of persons or
corporations may be taken for the construction or use of railways
and other internal improvements : '' Provided, liowcver, That nothing
herein contained shall be so construed as to exempt the company
from the payment of taxes.

Sec. 6. That said railroad shall be commenced within three when to be
years, and be completed within seven years. comXteuf *°'^

Sec. 7. All Acts or parts of Acts inconsistent with this Act, are
hereby repealed.

Approved February 27, 1873.

AN ACT TO Authorize the Construction of the New York, No. 374.
Norfolk and Charleston Railway Company.

Whereas the General Assembly of North Carolina, by Act rati-
fied the 18th day of December, 1872, did incorporate the New Preamble.
York, Norfolk and Charleston Railway Company, with the object
and for the purpose of constructing and maintaining a railway
commencing at the city of New York and extending southward to
the city of Charleston ; therefore.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral A.ssembly, and by the authority of the same, That the said
New York, Norfolk and Charleston Railway Company be, and they
are hereby, authorized and empowered to construct and maintain a
line of railway, beginning at the line of the State of North Caro-
lina and extending through tlic Counties of Horry, Georgetown,
and southward to the city of Charleston, S. C; and fur the purposes
thereof the New York, Norfolk and Charleston Railway Com])anv
shall have the right to occupy so much land as may be necessary Miy occupy
for the erection of depots, stations, engine houses, sidings, and all
other purposes that may be necessary in the construction and nuiiu-
teuauce of the said railway.

Line of road.

necessary lane

444 STATUTES AT LARGE

A.D. 1S73. i^j.f, 2. That the said New York, Norfolk and Charleston Rail-
way Company shall have corporate powers, and be a body corporate
Corporate name, and politic ill law, uuder the name, style and title of the New York,
Norfolk an<l Charleston Railway Company.

-, , , Sec. 3. That the said New York, N(n-folk and Charleston Rail-

May tmnsport '

fr ''■hS°^*"' ^^y Company shall or may transport passengers, freijrht an<l mer-
chandize along the line of said railway, upon such terms and condi-
tions as may be determined on by the Board of Directors thereof.
Books of sub- ^'''^- '^- That the officers of the said New York, Norfolk and
scnptioa. Charleston Riiilway Comj)any may open books for subscriptions to

City town &c ^'^® Capital stock of said Company, and it may and shall be lawful for
«^d£^'*'"^"''^ ^'^ any incorporated city, town or County, if a majority of the qualified
electors, at an election called for such a purpose, after sixty days'
iw tTxauon! ""^'^ notice shall have been given thereof, shall so decide, by the Commis-
sioners thereof, to subscribe to the capital stock of said Company : Pro-

Sahject to pro- . , , rr>i ■ ^ in n • 1 1 •

visions of certain vidcd, ihat Said compauy shall, at all times, be subject to taxation as

other property in this State : Provided, further, That said New

York, Norfolk and Charleston Railway Compauy shall, in all

When to be things relative to the manner of acquiring the right of way, con-
commenced and ° , .•to"
compieied. form to the requirements of Chapter 63 of the Revised Statutes :

And, further, That the said road shall be commenced within two

years from the passage of this Act, and finished within ten years

from its commencement.

Approved February 27, 1873.

No. 375. AN ACT to Amend an Act to Incokporate the Charleston,
Gkokgetown and Conwayp.oro Railroad Company.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
May consoli- ^^^^ Assembly, and by the authority of the same. That it shall be
date with other ]a\vful for the Charleston, Georgetown and Conwayboro Railroad

corporations. ' o •'

Company, at any time during the continuance of its charter, to
unite, consolidate and merge its capital stock, property, I'ranchises
and railway into and with those of any other corporation or corpo-
rations, within or without this State; and such other corporation or
corporations are hereby authorized to unite, consolidate and merge
its capital stock, propert}', franchises and railway or railways into
and with this corporation, upon such terms, conditions and cov.
consolidation to Buants as may be agreed upon by tiie Directors of the same. And
retary ^f'state* after sucli Consolidation or consolidations, and the filing in the office
of the Secretary of State a certificate or certificates to that effect.

Title after con. • " i n i i i , /. i » i • ■,

soiidation. this Corporation shall be known by the name of tlie Atlantic and

Pacific Seaboard Railway Company, or by any other name which

OF SOUTH CAROLINA. 445

may be set forth in such certificate or certificates ; and, under such ^- ^'- '*^''-
name, shall succeed to, have, hold and enjoy all the powers, rights, ^

privileges, franchises and immunities secured by the charter of the
.said Charleston, Georgetown and Conwayboro Jlailroad Company;
and shall have a corporate existence for twenty-one years.

Si:c. 2. That the said company be, and is hereby, authorized and Lincof roaj.
empowered to construct, maintain and opeiate a railway of one or
more tracks, with branehes thereof, and of any gauge the Directors
may adopt, the main line extending from some point on the North
Carolina State line, in Horry County ; thence to or near Conway-
boro ; from thence to or near Georgetown ; from thence to or near
the city of Charleston ; and from thence to some point on the
Georgia State line, in the County of Beaufort ; the particular loca-
tion and route of the same to be fixed and determined by the Board
of Directors.

Sec. 3. That said company may use any portion of said railway May use com-

,,^.^,,. ,, n Pl«'«o<l portion of

constructed beiore its nnal completion, and charge tor transporta- roaa and lea^e

1 , T f • ■ 1 I- ^^^ same.

tion and passage thereon, and may, irom time to time, lease or larm
out the whole or any portion of its road, franchises and property to
any other corporation, or person or persons, within or without this
State, as may be considered most advantageous to the interests of
the company ; and such other corporation, or person or persons, are
hereby authorized to take such lease or leases : Provided, That said
company shall commence work upon said road within two years
from the passage of this Act, and complete the same within five
years thereafter ; that the property of said company, in this State,
shall be subject to such rate of taxation as other property in this
State.

Sec. 4. That this Act shall go into effect on and after its passage,
and all Acts or parts of Acts inconsistent with any of the pro-
visions of this Act arc hereby repealed.

Approved February 27, 1873.

AN ACT TO Alter .\ni) Amexd tiii: Cii.vhteu ok the Towx No. 370.

OK MOULTKIEVILLE, SiLLIVAN's IslaND.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General As.sembly, and by the authority of the same. That all corporators
persons, citizens of the United States, who now reside, or may here-
after reside, or who may own buihlings erected on any lot in the

440

STATUTES AT LARGE

OflBcerp.

Election.

Electors.

A.P. ifi:3. town of Moultrieville, Sullivan's Island, shall be deemed, and are
hereby declared, the corporators of said town of Moultrieville, Sul-
livan's Island.

Sec. 2. That the said town shall be governed by an Iiitendant
and six Wardens, to be elected on the first Wednegday in July in
each year, who shall continue in office until their successors shall
be elected, and shall qualify. But the Intendant and Wardens
now in office shall continue in office until the first Wednesday in
July next, or until their successors shall .have been elected, and
shall qualif}'.

Sec. 3. That the first Wednesday in July in each and every year
hereafter an election shall be had for an Intendant and s^ix War-
dens, at such place as the Intendant and Wardens in Town Coun-
cil shall designate, ten days' notice being previously given by ad-
vertisement at the ferry landing and in at least one newspaper in
Charleston. And that all male residents of the said town, and all
male owners of lots upon which buildings have been erected, citi-
zens of the United States, who have attained full age, shall be enti-
tled to vote for the said Intendant and Wardens, the election to be
held from six o'clock in the morning until six o'clock in the after-
noon, and when the polls shall be closed, the Managers shall count
the ballots and proclaim the election, and give notice thereof, in
writing, to the persons elected ; and that the Intendant and War-
dens for the time being shall appoint three Managers to hold the
ensuing election ; that the Intendant and Wardens, before entering
upon the duties of their offices, shall take the following oath, to
wit: "As Intendant (or Warden) of Moultrieville, Sullivan's
Island, I will support and defend the Constitution of the United
States and this State, and equally and impartially, to the best of
my skill and ability, exercise the trust reposed in me, and will use
my best endeavors to preserve the peace, and carry into effect,
according to law, the purpose of my appointment : So help me
God."

Sec*. 4. That in case a vacancy shall occur in the office of In-
, Y,1*^'"^'^~ tendant or Wardens, bv death, resiirnation, removal from office, or

now nllea. '.>.— '

absence from the State, an election shall be held by the aj)point-
ment of the Intendant and Wardens, as the case may be, thirty
days' previous notice being given ; and, in case of the sickness or
temporary absence of the Intendant, the Wardens, forming a Coun-
cil, shall be empowered to elect one of themselves to act as Inten-
dant during the time.

Sec. 5. That the Intendant and Wardens duly elected and quali-
fied shall, during their term of service, severally and respectively, be
vested with all the powers of Trial Justices of this State within the

Oath of ofBce.

Judicial powers.

OF SOUTH CAROLINA. 447

limits of tlie said village, except in trials of civil cases; that tlio In- •*'■ ^' '"'"^•
tcndant shall, as often as occasion may rciniirc, .sunm'.on the War-
dens to meet him in Gjuncil, a majority of whom shall constitute
a (juoriim for the transaction of husinoss ; and shall he known by
the name of the Town Council of Moultrievillc, Sullivan's Island;
and that they and their successors in office shall have a common
seal, and shall have power and authority to appoint, from time to
time, such and so many projjcr persons to act as Constables as they Consubie^.
shall deem expedient and proper, which Constables shall have all
the powers, privileges and emoluments, and be subject to all the
duties, penalties and regulations provided by the laws of this State
for the office of Constable; and the Intendant and Wardens, in
Council, shall have power, under their corporate seal, to ordain and
establish all such rules, by-laws and ordinances respecting the streets,
ways, market and police of such village, as shall appear to them
jiroper for the security, welfare and convenience of the village, and
for preserving health, peace, order and good government within the
same; and the said Council may affix fines for offences Ugainst such
by-laws and ordinances, and appropriate them to the use of the cor-
poration, but no fine shall exceed twenty dollars; and when fines
shall exceed ten dollars, they may be recovered in any Court of ?>"«* for

competent jurisdiction for Charleston County; when they are of the County,
amount often dollars or under, they may be recovered before the
Intendant and Wardens : Provided, Nothing herein contained shall „

' S5 Proviso.

empower the said corporation to ordain or establish any by-laws or
ordinances inconsistent with, or repugnant to, the laws of this State,
and all such by-laws and ordinances shall, at all times, be subject
to the revisal or repeal of the Legislature.

Sec. G. That the said Intendant and Wardens shall have power Nuisances,
to abate and remove nuisances within the said limits, and to classify
and arrange the inhabitants liable to police duty, and to require
them to perform such duty as often as occasion may require, and to
enforce the performance thereof, under the same penalties as are
now, or may hereafter be, established by law; and the said Inten-
dant and Wardens, or any of them, upon view thereof, or upon
complaint lodged, on oath, are hereby required and authorized to
issue warrants against all oHenders, and cause them to be brought
before them or him, and, upon an examination, shall either release,
admit to bail, if the offense be bailable, or commit to jail such
ollenders, as the case may require; and the Sheriff of Charleston Duty of Sheriff

ri • 1 t • 'i -111 "f Chiirl«rs.>t»n.

Lounty IS herehy required to receive and keep the pei*son so com-
mitted until discharged by due course of law. And that the said
Intendant and Wardens shall, collectively and severally, have cog-

us STATUTES AT LARGE

A. D. !<;:.".. nizance within the said corporate limits in all criniinal cases as Ju.>^-
tices of the Peace and (Quorum have accordinj; to law.

Sec. 7. That the Intendant and Wardens ol" the .<aid town shall
Licenses. havc full and only p-)wer to grant or refuse licen.se to retail spiritu-
ous liquors within the said limits, which license shall he granted in
the same manner, and upon the same conditions as they are now, or
may hereafter be, under the laws of this State, except that the Town
Council shall have power to regulate the price of license to keep
taverns and to retail spirituous liquors: Provided, That in no in-
"*^"'''' stance the ])rice of a license so to keep tavern or retail spirituous

liquors shall be fixed at a less sura than is established by the laws
of the State, and nil the powers formerly vested in the Commis-
sioners of Roads are hereby granted to the said Intendant and War-
dens within the said limits, and all moneys paid for licenses and for
fines and forfeitures for retailing spirituous liquors, keeping taverns
and billard tables within the said limits without license, shall be
appropriated to the use of said corporation.

Sec. 8. That the said Intendant and Wardens shall have power
»Mth^penns"ia- to compound with' persons liable to work on said roads, streets and
du^y. ^° *"^" alleys, to release :-uch persons as may desire it, upon a fair equiva-
lent therefor, to be applied by them to the use of the said corpora-
tion, and no person residing within the said limits shall be liable to
work on any road without said limits, or to be taxed or assessed for
the same-.

Sec. 9. That the Town Council of Moultrieville, Sullivan's Is-
tion. land, shall have power to impose an annual tax upon the keepers of

billiard tables and ten-pin alleys, or any other pin alleys, within
the discretion of said Council, and to grant or refuse license f«)r
the same, upon such terms and conditions, and subject to such
regulations, as they may by ordinances establish. They shall
also have power to impose a tax, within their discretion, on
all sales made by itinerant traders and auctioneers, on all
public drays, wagons, carriages, omnibuses, and other vehicles kept
for hire, and on the owner or possessor of all dogs, hogs, sheep,
goats and cattle kept within the corporate limits of said town. The
said Town Council shall have jiower to impose an annual tax on the
amount of all sales of goods, wares, merchandise, and also on the
amount of income arising from all factorage and mechanical em-
ploymenis, faculties and professions, including the profession of den-
tistry : Provided, That no tax shall be imposed in any one year to
exceed the rate of twenty cents on each hundred dollars of the value
of such sales and income; and the said Town Council shall also
have power to impose a tax upon all persons who shall ojien any
room or car for the purpose of taking daguerreotypes or other like-

OF SOUTH CAROLINA. UU

nesses within tlio corporate limits of said town; uimI tlic said Town a.d. is: .
Council shall have power to impose an animal tax not exceeding
twenty cents on every hnndred dollars of the value of all real es-
tate Iviiig within the corporate limits of said town, the real estate of
churelus and school associations excepted ; and for that j)iirpo8e
they shall appoint three freeholders, residents therein, to assess the
value of said real estate, upon oath, and return the assessment
uithin one month to said Council for taxation, and to fill any va- Asseesors.
vancy occasioned by the death, resignation, refusal to serve or re-
moval from ofKce of the said Assessors, and any person who shall
refuse to act as Assessor, upon being appointed by the Council, may
be fined any sum not exceeding twenty dollars ; and the said Coun-
cil shall have power to regulate the price of licenss upon all public shows and ex-
shows and exhibitions in said town ; and to erect a powder maga-
zine, and to compel any person holding more than thirty-five
pounds of powder to store the same therein, and to make regula-
tions for rates of storage thereof, and for keeping and delivering
the same ; and the said Town Council shall have power to enforce
the payment of all taxes and assessments, levied under the author-
ity of this Act, against the property and persons of defaulters, to
the same extent aud in the same manner as is provided by law for
the collection of the general State tax, except that executions to en- Executions,
force the payment of the town taxe,s shall be issued under the seal
of the corporation, and directed to the Town ^Marshal, or
other person especially appointed hy the said Town Council
to collect the same; and all property upon which a tax shall
be levied and assessed is hereby declared and made liable for
the payment of same in preference toother debts due by the per-
sons owning such property at the time of the assessment, ex-
cept debts due the State, which shall be first paid; that the rowortoci
said Town Council shall have power, with the consent of the '^°"^°p«'° *'""='*•
adjacent land owners, to close all such roads, streets aud ways
within the said town as they may deem necessary, by sale of the
freehold therein, either at public or private sale, as they adjudge
best for the interests of the said town ; and they shall have power to
lay out, adopt, open and keep in repair all such new streets, roads
and ways, from time to time, as they may deem important or nec-
essary for the improvement of said town : Provided, That no new proviso,
street, road or way shall be opened without first having obtaineil
the consent of tlie land owner or owners through whose premises
any such new street, road or way may pass.

Sec. 10. That the said Town Council of ^loultrieville has the chnrcenni con-
charge and control of the lots on Sullivan's Island, and full right
aud authority to lay out such other lots as may, from time to time,

450 STATUTES AT LARCJE

A.D. is::?. ])ecomc necessary : Provided, That uo lot shall exceed more than
^ one-half acre in measurement.

Couniiito Kivo g£c_ ii_ That all persons who may desire to use any lot on said

consent to oc-cu- _ .

r>ation of nil island shall apply to the said Town Council for permission so to do,
and uo occupation of such lots shall be valid except with the con-
sent of the said Town Council first had and obtained. And it shall
be, and is hereby declared to be, the duty of the said Town Coun-
cil of Moultrieville to enforce the Acts and Resolutions of the Gen-
eral Assembly with respect to the use and occupation of lots on said
island, and to institute prosecution for all oflences against said Acta
and Resolutions.
Sec. 12. This Act shall be deemed a public Act.

Approved February 27, 1873.

Xo. 377. ^^ ACT TO Incorporate the Steven's Creek NAvicvTioy
Company, and for Other Purposes.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
corporators ^^^^ Asse iibly, and by the authority of the same. That Hugh A.
Shaw, Pickens Delaughter, Joseph Thurmond, Thomas Shaw, and
such other persons as they miy associate with them, their successors
and assigns, be, and they are hereby, constituted a body corporate
Corporate name, and politic, by the name and style of the "Steven's Creek Naviga-
tion Company ;" and they are hereby made corporate in law, to
Objects of cor- havc, hold, purchase and possess lands, and to make sale of the

poraiion. ^ * 1,1 1 1 1 •

same, as a company, to carry on the lumber and wood busuiess, to
erect houses, mills, machine shops, manufactories, to carry on any
manufacturing business ; dig out, blast, and clean away any ol)struc-
tions, and make any canals which may be necessary, in order to
complete a navigable water course from the mouth of Big Steven's
Creek, where it enters into the Savannalj River, to the Mill Dam
across said Creek, at the mill of Shaw it Mcrriweather, on said
Creek, conveying lumber, wood, barges, rafts, boats, or any craft,
and operating such manufactories that may be necessary to carry
out the designs of said company.
Capital stock. Sec. 2. That the capital stock of said company shall be fifty
thousand dollars, with the privilege of increasing the same to one
hundred thousand dollars, divided into shares of ten (10) dollars
each, and shall organize when two thousand dollars shall be sub-
scribed and paid in cash or lands, machinery or goods, or any ma-

OF BOUTII CAROLINA.

401

Annual meet-
ings.

Ofllcers.

Transfers of
s'ock.

torial (loemod of cy[uii\ value ti» said ronijiuiiy, wliich may be ap-
liliid in its operations ; each share of said stock shall represent one
vote in ail elections for oHicers.

Sec. 3. Tiiat tlicre sliall he annual meetings of the stockholders
to elect seven Directors, and these Directors shall elect a President
from their number.

Sue. 4. That the President and Directors shall make all needful
by-laws and rules for the government of the comi)any, and alter
and amend the same at pleasure, subject, however, to the approval
of the stockholders, at their annual meetings.

Sj:c. '). That all transfers of stock shall be made in accordance
with Bank rules for making transfers of shares.

Sec. 6. That for and in consideration that this company dig out, Exciu-irp ri:.'ht

_ ' . •' ° .of nangating

blast, and open the channel of said Steven's Creek within the limits eau stream,
prescribed above, and make the same navigable for' such vessels or
crafts as they may choose to employ, they ^all have and enjoy
the right and privilege of navigating and using said stream
for transporting lumber, wood, goods, wares, merchandise, and freight
of all descriptions, within said prescribed limits, and for that pur-
pose the same is hereby declared a navigable stream, for the
use of said company'.

Sec. 7. That they and their successors shall fix and establish any
toll, and receive the same, on all passengers and all kinds of goods
and freight transported by said company, they assuming all the
responsibility of common carriers.

Sec. 8. That they shall have authority to commence work imme-
diately on the formation of said company, and may make publica-
tion of the same, and also to keep open their books of subscription,
at such time and place as they may determine.

Si:c. 9. That this Act shall be deemed a public Act, and shall
continue of force for fourteen years from its ratification.

Approved February 27, 1878.

llates of toll.

Publication.

AN ACT TO Remedy and Sipply the Loss of Public Records, Xo. 378.

AND TO PeRIMCTUATE TESTIMONY IN IvECiARD TO DeEDS, M<^KT-

GAOE.S, Settlements and other Papers, Lost hy Fire at
Abbeville.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by tlie audiority of the same. That any party to

452 STATUTES AT LARGE

A. B. 1873. a record, plaintifF, defendaut, assignee, or any person having an in-
,/" ^ "" terest in any iud<.rmeut, decree or agricultural lien, the record of

Manner of mp- j •> o ' o j

piyinp: burnt ^yliich lias bceu dcstroved bv fire at Abbeville, on the 19th January

juilament, de- ^ ' "

cree, ice. and 17th November, 1872, shall have the right to supply the same

in the following manner :

Notice to oppo- Sec. 2. That the party desiring to supplv such record may, upon

notice of not less than twenty days, served personally upon the

Tn apply to other parties in interest in such record, make application to the

Clerk of Court ^ .

for leave. Clerk of the Court for leave to substitute a new record, which ap-

Appiication— plication shall contain, as nearly as possible, a statement of the

what to contain. . /. i i i i t> • j

names oi the parties, the amount or the debt, the entry or said
judgment and execution, the names of the attorneys of record, with
such other particulars as the applicant may deem proper to bis case;

To be verified all which shall be verified by the affidavit of the applicant, or his
y» ^^^ • or her agent or attorney, according to the best of his knowledge,
information and belief

Tjpon failure Sec. 3. That upou failure of the party or parties, served ^ afore-

to answer, Clerk '^ .... . . i /.i i • i /-,i 'i >

to docket judg- Said, to answer such application, in writing, to be tiled in the (. lerk s
office within twenty days thereafter, exclusive of the day of service,
the Clerk of the Court shall docket judgment for the party filing
said application.

Sec. 4. That if the party or parties, served with notice as above,
file with the Clerk of the Court, within twenty days after such ser-
vice, excluding the day of service, an answer to the application,
denying, upon oath, the applicant's right to the relief sought, with
a statement of the grounds why such application should not be
tion o"uerk t*o granted, the jurisdiction of the Clerk of the Court shall cease, and
*^®**^' he shall refer the application, answer, and any accompanying papers,

of ComS's^cn* to a Commissioner, for whose appointment provision is hereafter
*'■ made.

Duty of such Sec. 5. That said Commissioner shall take, in writing, all the tes-
onunisbo r. ^jj^Qj^y j,Tj(.j.Q(]ygg(j by onc or both parties, according to law; shall
hear and decide the matter in controversy, report his decision in
writing, and, with it, return all the papers to the Court of Common
Appeal. Pleas. From the decision of the Commissioner an appeal may be

taken to the Court by the party or parties dissatisfied therewith, as
in case of an appeal from the decision of Referee appointed under
the Code. If there be no appeal, the Clerk of the Court shall
docket judgment according to the report and decision of the Com-
missioner.
In defendant's Sec. 6. In evcry casc in which the defendant or defendants in
of'arpn'cation to any burned judgment or decree shall be absent from and without
bepubiuhed. ^^^ limits of this State, in lieu of the service required by this Act,
it shall be sufficient to publish, in a newspaper of Abbeville County,

Proviso.

OF SOUTH CAROLINA. 453

one month's notice of such applicution, and, if the absentee's resi- ^.b. istc
(lencc is known, a copy of the paper containing tlie publication shall
be mailed to his or her address: Provided, That nothing herein con-
tained shall prevent such absent defendant or defendants, within two
years after the publication of the notice in this Section provided,
from moving the Court, upon a proper showing, to set aside such
judgment or decree.

Si;c. 7. The County Commissioners for Abbeville County shall, county Com-
forthwith, furnish the Clerk of said County with a book or books furnish books,
of proper size, suitably ruled and securely bound, to be labelled
"Abstract of Burnt Judgments and Decrees," in which the said terTcMherein.""
Clerk shall enter an abstract of every such judgment and decree,
a new record of which shall be so ordered to be substituted, settiuo;
out, in distinct and appropriate columns, as near as jiossible, the
names of all the original parties, plaintiffs' and defendants' attor-
neys, the date of the signing' of the judgment or filing of the decree,
the amount of the recovery, the sum bearing interest, and the date
from which the interest began to run, the balance actually due at
the date of the destruction, the date of the entry of the original
process, the last process issued for the execution of such judgment,
and the costs due thereon. And such entries shall, "without other Such entries as

,. , 1 - ^ re • • ^ r ^^ f?°°^ ^* original.

or lurtlier record, be good and surncient in law for ail purposes for
■which the original record itself could have been used, and of equal
authority therewith in all respects.

Sec. 8. In any case provided for in this Act, if the applicant, or, when appu-
in case of his death, his personal representative, shall make oath, res'('onden7'^"'to
according to the best of his knowledge and belief, that a discovery a^t^*"^ character
from the party or parties respondent is the only means by which "' '^'"="°"®°'' '*^'
such lost or destroyed record or document can be established, and
also of the former existence and of the loss and destruction of such
record or other document, he may, if the respondent, or either of
them, if more than one be living, and be within the limits of the
State, call upon such respondent to answer, on oath, as to the for-
mer existence of such record or other document, and as to its con-
tents, character and description, and also as to the amount due
thereon. And in case such respondent, after at least ten days' per-
sonal notice, (if he be within the County when such proceeding is
had, and twenty days if he is not,) shall fail to answer, upon oath, raiiureto an-
the interrogatories so propounded, such failure to answer, (unless '^dmi&ionf'*"''^
satisfactorily explained or accounted for,) shall be taken and con-
sidered as an admission by such respondent of the truth of the facts
stated and set forth in the applicant's affidavit: Provided, That rroviso.
such admission shall only aficct the party so failing to answer as
aforesaid, and his legal representatives. If such respondent shall

454 STATUTES AT LARGE

A. D, is:3. deny, on oath, the former existence of such record or other docu-

^ ~ nient, so attempted to be set up, or'sliall deny, on oath, that there

If respondent 13 auvthinff duc thercon to such apidicant, or his legal representa-

demes existence - o j x ^01^

of reconi. &c., tivcs, or shall deny any other material fact alleged in the applicant's

such denial, with ' /. , , • 1 1 ni •

appiicani's affi- aiRdavit, the answer of the respondent, together with the athdavit

davit, to be sub. 1 11 1 -it • 1 • 1 j

mittci to Court 01 the applicant, shall be considered as evidence in the case, and
shall, with such other testimony as the parties on both sides may
offer, be submitted to the Court : Provided, That no costs shall be
taxed against the respondent for the interrogatories which may be
propounded to him under the provisions of this Act.
County Com- Sec. 9. That the Commissioners of the County shall provide a
furnish"certain boolv or books for the Clcrk of the Court, in which the said Clerk
^°°^^- shall record an abstract of all the deeds, conveyances, mortgages,

tered^^thereiiir' Settlements, lieus, and other instruments in writing heretofore re-
corded, and required by law to be recorded, which abstract shall
contain a statement of the names of the parties, a brief statement
of the property mentioned in the deed or other instrument, the date
of the paper, the time when the registry was made, and the certifi-
cate of such registry shall be entered anew' on said paper. And the
said deeds, conveyances, mortgages, settlements, liens, and other
instruments in writing, shall be recorded as above provided for
within six mouths from the ratification of this Act, otherwise they
shall not prevail as liens against subsequent creditors or purchasers
for a valuable consideration without notice.
In case record Sec. 10. That in casc any deed, conveyance, settlement, mort-
deiivtjry, or gage, agricultural lien, or other instrument in writing, shall have
Kegistei's office, bccu duly recorded, and, after registry, redelivered to the owner
above.^"^"^^ ^^ thereof, and the same shall have been mislaid, lost or destroyed
Avhilst in possession of the owner, or in case of any deed, convey-
ance, mortgage, settlement, agricultural lien, or other instrument in
writing requiring registry, shall have been delivered to the Register
' with such intent, and shall have been burned whilst in the office of

the Register of Mesne Conveyance, and before redelivery to the
owner thereof, an abstract of all such deeds, conveyances, mort-
gages, settlements, agricultural liens, and other instruments in
writing, shall be proved as in the case of judgments, as aforesaid,
and recorded by the Clerk in the book or books, as ordered in the
preceding Section of this Act.
May still be Sec. 11. That nothing herein Contained shall prevent any OHC from
Snfto rutes eistablishiug, on the trial of any cause, any lost or burnt paper, ac-
of evideEce. cording to the rules of evidence now existing.

Judge of cir- Sec. 12. That the Judge of the Eightli Judicial Circuit shall
cimrniEsro'ner'.'' have powcr to appoint a person, who shall be called a Commissioner,

OF SOUTH CAROLINA. 455

to hear and decide all questions to bo referred to liira, as required
under the provisions of tliis Act.

Sec. 13. The County Commissioners are authorized and required Appointment
to employ the service of a competent person to arrange properly, nlr/^"recor.')s Ta
in the new office of the Probate Judge of said County, all the ^^^^^^^ •^"''«'^'''
records of the late Court of ICquity which properly belong to the
Probate Court, and which were saved in a mixed and disorderly
condition from the late fire in Abbeville.

Skc. 14. That in cases where records are altogether destroyed or Execution—

, , , . ill • 1 1 1 1 1 when to be tdki-n

burned, the execution excepted, the execution shall be taken as e^i^ prima facie
privia facie evidence of the burned or lost record.

Sec. 15. That by the substitution and removal of judgments and iiii^'bt of par-
papers, as provided by this Act, no party shall have any other or siTbstuutt^n!
greater right than Avould have existed had the judgment and con-
veyance, mortgage, settlement, lien, or other instrument in writing,
never been burned, mislaid, lost or destroyed.

Sec. IG. The plaintiff shall pay the costs of his application to Plaintiff to pny
replace and renew his judgment, as aforesaid, if the defendant make tion^ &c. '^ '^"^
default upon such application or consent thereto. In such cases,
the plaintiff's costs, to be paid by him, shall be ten dollars for his
application. In cases where judgment does not pass against the
defendant by default or by consent, and he contests the plaintiff's
claim or right, the costs shall be the same as provided by the Code, ^^°^^l'^^^ ^1
and awarded to parties according to the Code of Procedure. The ^°'^^-
fees of the Clerk and Sheriff shall he the same as now fixed by law Fess of Sheriff

•' and Clerk.

for similar services, and those of the Commissioners to be appointed
under this Act the same as were allowed to Commissioners in
Equity by the Act of the General Assembly of this State, passed
in December, 1839.

Approved February 27, 1873.

AN ACT TO Authorize James McPherson to Adopt and No. 379.
MAKE Ills Lawful Heir James MbPiiERsoN O'Neill, and to
Change the Name of the said James McPherson O'Neill
TO James McPherson, Jr.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That James Mc- phersonO'Neiit
Pherson is hereby authorized and empowered to adopt and make his ML'pher"o"n^*'^ *°

456 STATUTES AT LARGE

A. D. 1S73. lawful heir James ^fcPhersou O'Xeill, and that the name of the

"^ said James McPherson O'Neill be ciianged to James McPherson, Jr.

Made lawful ^^Q. 2. That should the said James McPherson die inteotate, the

heir.

said James McPherson, Jr., shall inherit his estate, both real and
personal.

Approved February 27, L'^TS.

No.- 380.

AN ACT TO Establish a Plblic Road in Colleton County.

Section 1. Be. It enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That J. J. Kline,
Commissioners J ■\Y Burbridgc, A. Wichmau and Joel Larecy be, and they are
hereby, appointed Commissioners to act in conjunction with the
County Commissioners of Colleton County, to lay out and open a

Line of road, public road, by the shortest practicable route, from Walterboro,
over the branch of the Ashepoo River known as Hymes' Branch,
to Cohen's Corner, the point of intersection of the Ashepoo Neck
Road with the Combahee Road, and to erect a bridge over said
branch.

To receive no Sec. 2. That the Commissioners named in this Act shall receive

compensa ion. ^^ compensation for their services, except their traveling expenses;

and it is hereby made the duty of the County Commi.-i.sioners of

Special tax. Colletou County to levy and collect a special tax of two mills on the
dollar, for the year 1873, in addition to all other taxes, and to use
the same exclusively in the payment of expenses incurred in the
coastruction of said road and bridge.

Approved February 27, 1873.

No. 381. AN ACT to Fix the Time of Holding the Circuit Courts in

York County.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That after the pa.ssage of this
Act the Circuit Courts in the County of York shall be held as fol-
lows :

OF SOUTH CAROLINA. 457

The Court of General Sessions, at Yoikvillc, for tlie County of a. r*. isvr
York, on the second Monday of January, and on the lirst Monday yorkviiie -
of April and Octolicr ; and the Court of Common Pleas, at York- g"^^;'"^^,'-'"*'"'^
ville, for the County of York, on the first Wednesday after the t-"""-* Com-

' -' ' - mon rieiis.

second Monday of January, and on the first "Wednesday after the
first Monday of April and October.

Approved February 27, 1873.

AN ACT TO Fix the Time for Certain State and County ^^^ 332.
Officers to Report.

Section 1. Be it enacted by the Senate and House of Represent-
atives of the State of South Carolina, now met and sitting in Gen-
eral xYsserably, and by the authority of the same, That on and after
the passage of this Act, the Comptroller General, and all other State , S'^*e officerF.

1 & ' i. ' wnen to report.

officers who are now required by law to report annually to the Gen-
eral Assembly, be, and they are hereby, required to make such re-
port on or before the first day of December of each and every suc-
cessive year.

Sec. 2. That all County officers who are now required by law to ^^Tt^i'l^Sr
report to any superior County or State officer, be, and they are
hereby, required to make such report on or before the first day of
November in each and every successive year.

Sec. 3. Any of the officers above enumerated who shall fail to t> 1. ^

•' renalty for

comply with the provisions of this Act, shall be deemed guilty of a fniiureso to tc-

raisfeasance in office, and, upon conviction, shall be punisiied by a

fine of not less than five hundred, nor more than three thousand

dollars, or be imprisoned for a term of not less than three mouths,

nor more than two years, or either or both, at the discretion of the

Court.

Sec. 4. The Attorney General is hereby specially charged with Duty of a'-
the promi)t and rigorous enforcement of the provisions of this
Act.

Sec. 5. All Acts or parts of Acts inconsistent with this Act are
hereby repealed.

Approved February 27, 1873.

458 STATUTES AT LARGE

A. I). 18.3.^ ^^>^- ACT TO Fix the Salary of Ckktain Offickrs.

JNo. oHo. Whereas the Act fixing the salary of Circuit Solicitors has been

Preamble, inadvertently repealed by the General Statutes ; and wherea-s the
fees now allowed, by law, are insufficient to defray the expenses and
compensate the services of such Solicitors ; therefore,

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same, That, in addition to the fees now

^^ Salary of So- prescribed by law, the Circuit Solicitors shall each receive, from the

State, a salary of one thousand (1,000) dollars per annum.

Approved February 27, 1873.

No. 384. -^^ ACT to Establish a Public Road in Kershaw and Ches-
terfield Counties.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
Commissioners, and by the authority of the same. That L. B. McPherson, Rode-
,rick Shaw, James M. Tiller, A. L. Johnson, Wni. K. Johnson, Dove
Seagurs, Murdoch Shaw and Edward Douglass be, and they are
hereby, created Commissioners, on the part of Chesterfield County,
and Elisha Ellis, D. M. Lauren, Wm. R. McDonald, Neil M. Be-
thune, D. Bethune, S. D. Hough, Jacob Ellis and J. B. Brannon,
Commissioners on the part of Kershaw County, to establish a public
road, beginning at Bethel Church, on the Cheraw Road, in Kershaw
County, and running thence eastwardly across the Big Lynch's
Creek Bridge, intersecting the road leading by W. K. Johnson's
Saw ]Mill, at some point near said mill in Chesterfield County.

Approved February 27, 1873.

Line of road.

No. 385. ^^ ACT Rklating to Certain Taxes Assessed and Col-
lected IN Beaufort County.

Treamble.

Whereas the County Commissioners of Beaufort County have
assessed and cau.sed to be collected in part, for the fiscal year ending
October 31st, 1873, a tax of one mill on the dollar, for the suppDrt of
thepoor; onemill for public buildings; and one dollar per capita for the
maintenance of schools ; and whereas such assessment and collection
of taxes was not authorized by any Act of the General Assembly ;
and wherea.s the return of said taxes to the parties paying the same

OF SOUTH CAROLINA. 459

would 1)0 attended with great iiicoveuionee, yet, in order tbat no in- ■'^•^^- "''^•
justice shall he done to those wIkj paid siidi illegal taxes; there- '''

fore,

Section 1. Bo it enacted hy the Senate and House of Represent- certain taxe^
atives ot" the State of South Carolina, now met and sitting in Gen- ''^b"'"'*'''-
eral Assembly, and hy the authority of the same, Tiiatthe assess-
ment and collection of the taxes named in the preamble of this
Act, in Beaufort ('Dunty, are hereby legalized and made of full
effect, and the County Comniissiouers of s?aid County are hereby
authorized and empowered to appropriate any funds so collected to
the payment of the current expenses of the fiscal yearen<ling Octo-
ber 31st, 187:5.

Sec. 2. That in order that the parties from whom said taxeshave _

• • . 1 /^ rn p ^*'P° County

been collected shall suffer no in ustice, the County Treasurer of Treasurer may

. 1-11 1 • remit certain

Beaufort County is hereby authorized and required, on presentation taxes,
of a receipt showing the payment of such taxes by any person, to
remit from the legally authorized taxes of such person, levied for
County and school purposes for the next fiscal year, a sum etjual to
the sum paid as stated in the first Section of this Act, the said
Treasurer writing across any receipt given under this Act the
amount so remitted.

Ajiproved February 27, 1873.

AX ACT TO Incorporate the Spartanburg Building and No. :186.
Loan Association.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Ciene-
ral Assembly, and by the authority of the same. That H. E. Hei- corporators,
nitsh, J. PI. Evans, John Geddis, li. L. Potter, George Cofield, Jas.
Fonder, G. Cannon, D. R. Duncan, together with other persons
who now arc, or may hereafter be associated with them, he, and
they are hereby declared, a body politic and corporate, for the pur-
po.se of making loans of money, secured by mortgage on real estate, pora«''"n-
or personal property, or by conveyance of the same to their mem-
bers and stockholders, by the name and style of the "Spartanburg
Building and Loan Association," the capital stock of which shall
consist of four humlred, but may be increased to one thousand Curitai stock,
shares, to be paid in by successive monthly installments of one dol-
lar on each share, so long as the corporation shall continue, the

Object? of cor-

4(J0 STATUTES AT LARGE

A. I). 1873. gj^jj jii).ir,^.3 to be held, transferred, assigned :ind itledgod, and tlie
'" holders thereof to be subject to such fines and forfeitures for defaults
in tiioir payment.*, according to such regulations as may be pre-
scribed by the by-law.s of the said corpoiation.
<■ en era I powers. ^^G- 2. That the said corporation shall have power and authority
to make any such rules and by-laws for its government as are not
repugnant to the Constitution and the laws of the land, shall have
such number and succession of members and officers as shall be
ordained and chosen according to their said rules and by-laws,
made or to be made by them, shall have and keep a common seal,
the same at will to alter, may sue and be sued, plead and be im-
pleaded in any Court of Law and Equity in this State, and shall
have and enjoy all and every right and privilege incident and
belonging to corporate bodies, according to the laws of the land.
May hold and Sec. 3, That the Said corporation shall have power to take,

dispose of pro- i i i i i i n i /• i

rerty. purchase and hold real estate, and to sell and transfer the same,

from time to time, on such terms and under such conditions and
subject to such regulations as rnay be prescribed by the rules and
Proviso. by-laws of said corporation : Provided, That the real estate held by
said corporation shall not, at any time, exceed the value of two
hundred thousand dollars.

Sec. 4. That the funds of said corporation shall be loaned and

in hand to stock- advauccd to the members and stockholders upon the security of real
and personal estate, and used in the purchase of real estate for the
benefit of its members and stockholders, on such terras and under
such conditions and subject to such regulations as m^', from time
to time, be prescribed l)y the rules and by-laws of the said corpora-
tion ; and it shall be lawful for the said corporation to hold such
lands, tenements, hereditaments and personal property as shall be
mortgaged or conveyed to them in good faith, by way of security
upon its loans and advances, and may sell, alien or otherwise dis-
pose of the same as they may, from time to time, deem expedient.
Sec. 5. That whenever it shall occur that the funds of the cor-
"When money poration shall remain unproductive and uncalled for, the corpora-

to'''others^°than tiou shall have powcr to loan whatever amount may be thus on

stockholders. j^qJ to othcrs than stockholders and members, for such time, and at
such rates of interest as may be established by virtue of such rules
and by-laws as may be made by said corporation.

Sec. 6. The said corporation shall have the right, out of its pro-
fits, to declare and pay semi-annual or annual dividends on the
stock held therein, whether paid up in whole or in part, according

T>i vision and , . . , ii-'-n^ t-ii

distribution o f to such proportions as Its rules may establish. J3ut no divioends
shall ever be paid so as to diminish the capital stock : And it is
further provided, That, in case the association shall not have closed

Dividends.

OF SOUTH CAROLINA. 461

its operations and afliiirs, as altuvc providcil for, witliin a sliortrr
period, then this Act shall not continue in force beyond ten years
from its passage.

Approved February 27, 1873.

A. D. 1K73.

AN ACT TO Incorporate the York Manufacturing Com- ^o. 387.

I'ANY.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That James F. Con>orators.
Hart, T. Marion Dobson, Lewis M. Grist and George R. Ratchford,
and such other persons as may become associated with them, and
their successors, are hereby made and declared a body politic and
corporate in law, under the name and style of the York Manu- Corporate name,
facturiug Company, for the ])ur2K)Se of spinning and manufacturing
cotton and woolen fabrics, at such locality in York County as said ^^. ^ ,

' •' •' Objects of cor-

corporation may select, with a capital stock of three hundred thou- poration.
sand dollars, to be divided into three thousand shares of one hun-
dred dollars each.

Si:c. 2. That the corporators herein named shall be permitted to Books of sub-
open books of subscription to the capital stock of said company, at ^"^'^ "'°*
such times and places as they may deem fit, and may appoint suit-
able persons to receive subscriptions to the same, and whenever the
sum of fifty thousand dollars shall be subscribed, in bona fide sub-
scriptions to said capital stock, the said corporators, or any two of
them, shall file in the office of the Secretary of the State their afti" o . r , »

' J rertiConte to

davit that such amount has l)cen bona fide subscribed, and there- be filed with Sec-

•' ' retnry of State.

upon the persons who have subscribed to the stock of said company
shall have three weeks' public notice, by advertisement, in one or
more newspapers of this State, of the amount of capital subscribed,
and of the time and place when and where such stockholders shall
meet to organize said company.

Sec. 3. That said company shall, at said meeting, be organized officers,
by the election of a President, Vice President, and such number of
Directors and other officers, for such term as tlie stockholders pros"
ent may decide upon then, or at any time thereafter, and that an-
nually thereafter the President and Directors so elected shall call
together the stockholders for the purpose of electing officers of the
corporation, and for the transaction of such business, relating to the
interest of the company, as they may deem fit.

46-2 STATUTES AT LARGE

A.t».i8,3. qj^p_ ^_ Tliat said compauy, when organized as herein j)rovided,

General powers "^^^ establish by-laws fof the usage and government of the com-
pany not repugnant to the laws of this State ; may purchase and
hold such real estate as may be necessary for their purpose, and may
transfer the same ; may sue and be sued, plead and be impleaded
in the Courts of this State; may have an<l use a corporate seal, and
may enjoy all the rights, ])rivilegi's and immunities of bodies corpo-
rate in this State. They shall also enjoy such special privileges and
immunities as are now, or hereafter may be, conferred by law on
manufacturing companies within this State,
wh.n may Sec. 5. That whenever the said sum of fifty thousand dollars shall
ness. be paid into the capital stock of said company, it shall be author-

ized to commence business as a manufacturing company under this
charter.

Approved February 27) 1873.

JOINT EESOLUTIONS.

No. 1. *JOIXT RESOLUTION Autiiortztxg the Payment of the
Claim of Henry Ware and Son.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and bv the authority of the same, That the Treasurer of the State

Twelve thou. 'i i ■ i i i • i i • i tt ii'

«ind dollars ap- be, and lie IS hereby, auilionzed and required to pay to Henry \> are
and Son the sum of twelve thousand dollars, the said sum to be
paid out of any moneys not otherwise appropriated.

Approved March 15, 1872.

No. 2. JOINT RESOLUTION to Allow Mrs. Harriet A. TiAXDOLni,
OF Darlington County, to Redeem Certain FojtPEiTED
Lands.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That Mrs. Harriet A. Randolph,
•See foot note, page -97.

OF SOUTH CAROLINA. 463

of the County of Darlington, be, and slic is hereby, aUowcd to a. D. 18T2.
redeeu) ecrtuin hinds fornierlv owned hv her iiiHivid County, consist- ., ,, , , .
ing of fifty acres, more or le.s.s, which have become forfeited to the ''""W"! *"*■*-

o J ' ' deem ciTtiiin

State by virtue of the non-payment of taxes, and the want of bid- '""'J" "'i'"" i"'y-

■^ . . ment ol taxiM,

ders at tlie sale of the same, on condition that she shall pay over to *-''■■• <^"^ 'be

. State.

the Countv Treasurer of Darlington County, all taxes, penalties

•' . " 1 . . Auditor to ex.

and costs which are, or may be, due upon the same, after which the Timnetiie H.imo
County Auditor shall expunge the said land from the forfeited land land record,
record of the County of Darlington,

Aj)proved December 20, 1872.

JOINT RESOLUTION to Make ArpRorRiAxioN for Expenses No. 3.
OF Printing Ordered by the General Assembly during
THE Regular Sessions of 1870-71, and 1871-72.

Section 1. Be it resolved by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same. That the sura of $2.)0 ooo appr. -
two hundred and fifty thousand dollars, if so much be necessary, be, me'nt*oi prm'tmg
and is hereby, appropriated for the payment of printing claims of '^''"'"*-
the Republican Printing Company, for work ordered by the General
Assembly at the sessions of 1870-71 and 1871-72.

Sec. 2. That the sum of seventy- five thousand dollars, if so much p^tlt^^^lo^payl
be necessary, be, and is hereby, appropriated for the payment of n^'newKplm"*
outstanding claims for the publication of the laws in the various \^J^ publishing
newspapers of the State.

Sec. 3. That the sums hereby appropriated shall be expended
under the direction of the Clerk of the Senate and the Clerk of the „, .

Claims, under

House of Representatives, in accordance with the provisions of an wiL.se directioa

^ ' to be paid.

Act approved January 13, 1871, entitled "An Act to provide for
the publication of the Acts, Reports, Resolutions, Journals and other
papers of the General Assembly."

Approved December 21, 1872.

JOINT RESOLUTION to Authorize the County Commis- No. 4.
signers of Abiu-.ville County to Levy and Collect an
Additional Tax of Two Mills ipon thk Doi.i.au.

Be it resolved by the Senate and Plouse of Representatives
of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That the County

-104 STATUTES AT LARGE

A. D. 1873. Commissionera of Abbeville County be, and they u re hereby, au-

v- ■— thorized aud directed to levy and collect a special tax of two mills

Two milts, tax to uDou thc dollar on the taxable property of the said County; said

robuild Court* , .. .

Home. tax to be devoted exclusively to the rebuilding of the Court House

lately destroyed by fire ; al-o,

Be it resolved, That if any balance should be left out of the funds
raised under, and in accordance with, this Joint Resolution, after
the completion of thc said Court Housp, then the same balance
shall be appropriated by the County Commissioners of said County
to the liquidation of the public debt thereof; and that, on and after
the fiscal year ending October 31, 1873, no further levy shall be
made for the purposes set forth in this Resolution.

Approved January 9, 1873;

No. 5. JOINT RESOLUTION to Authorize the County Commi.s-
siONERs OF Kershaw County to Levy and Collect a Spe-
cial Tax of Two Mills on the Dollar for the Payment
OF THE Past Indebtedness of the said County.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met aud sitting in General Assembly,
and by the authority of the same. That the County Commissioners
for^pasTindeUt^ of Kcrshaw County be, and they are hereby, authorized to levy and
collect a special tax of two mills on the dollar on the taxable
property of the said County, said tax to be devoted exclusively to
the payment of thc past indebtedness of the County.

Approved January 0, 1873.

edoess.

No. G. JOINT RESOLUTION to Make Appropriation for the Pay-
ment of the Outstanding Pay Certificates of the Mem-
bers OF the Last General Assembly.

Be it rcxolvcd by the Senate and House of Representatives

$25,000 appro- of thc State of South Carolina, now met and sitting in Gen-

o'Jnificnte/ ^M eral Assembly, and by the authority of the same, That the sum of

olne^rl" ALemi twcuty-fiv^ thousand dollars, if so much be necessary, be, and the

^'^" same is hereby, apiuopiiated for the payment of the outstanding

OF SOUTH CAKOLINA. 46.->

pay certificates of tlio inenibcrs of'tlu' lust General Assembly; and
the State Treasurer be, and he is hereby, requested to inform the
Cu'iieral Assembly of tlie ninoniit paid out under thi.s resolution.

Approved January 25, 187;).

A. D. 1973.

JOINT RESOLUTION to Relieve J. E. Dent, Former No. 7.
Sheriff of Richland County, of a Penalty on Tax Ex-
ecutions.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and bv the autliority of the same, That J. E. Dent, former lievcd of peoauy

" ii'i !• ir- ^^ certain tax

SherifJ' of Richland County, be, and he is hereby, relieved irom re- execution,
sponsibility of tax execution of 18G7, amounting to one hundred and
eighty-two dollars and ninety-four cents, the same being a penalty
on account of the State, and execution lodged for the same, January
28, 1868, by William Hood, Treasurer, and that the Treasurer of
the State is hereby authorized and directed to give him full acquit-
tance and release therefor.

Approved January 25, 1873.

JOINT RESOLUTION Authorizing and Requiring the No. 8.
State Treasurer to Pay and Cancel the Notes and Cer-
tificates Is-suED IN Payment of the Different Debts Con-
tracted FOR the Furnishing op the Hall of the House
OF Representatives, Committee Rooms, (kr.

Section 1. J]e it resolved by the Senate and House of Represen-
tatives of the State of South Carolina, now nu't and sitting in General
Assembly, and by the authority of the same. That the State Treas- topBvnotesA:-.,
urer be, and he is hereby, authorized and required to pay and can- upiuiufUouse
eel the different notes and certificates issued for the jjurpose of "ivp^/'''"^"'*" "'
paying the debts contracted in furnishing the Hall of the House
of Representatives, Committee and other rooms used by tlie Gene-
ral Assembly of South Carolina, in the year A. D. 1870, amount-
ing to forty-nine thousand four hundred and* seventy-three 71-100
dollars, to wit : Nicol, Davidson it Co., twenty-three thousand eight

466

STATUTES AT LARGE

A. p. isTi. liuudred and twenty -eight 32-100 dollars; to Stewart, Sutphen «k
Co., twenty-one thousand two hundred and ninety-four G9-100 dol-
lars; to M. H. Berry, four thou.sand three hundred and fifty 70-
100 dollar:?, with interest from the dates when the res[)eetive debts
were contracted : Provided, hotvever, That the State Treasurer shall
pay no notes or certificates purporting to have been issued for the
said purpose, other than tiiose ab(jve enumerated.
prtueHor^thai ^^^' 2- ^^at fifty-eight thousand dollars, or so much thereof as
may be necessary, be, and the- same is hereby, appropriated for the
payment of the claims specified and set forth in the foregoing Sec-
tion of this Joint Resolution, together with the interest accrued
thereon.

Approved January 29, 1873.

purpose.

Xo. 9. JOIXT RESOLUTION to Ratify the Amendment to the
Constitution of the State of South Carolina Relative to
THE Increase of the State Debt.

Preamble.

"Whereas, the Constitution of the State of South Carolina pro-
vides that an amendment or amendments may be made to the same ;
and that such amendment or amendments shall be agreed to by two-
thirds of the members elected to each House ; such amendment and
amendments to be entered on the Journals, respectively, witli the
yeas and nays taken thereon ; and, that the same shall be submitted
to the qualified electors of the State, at the next general election
thereafter for Representatives, and, if a majority of tiie electors
qualified to vote for members of the General Assembly, voting
thereon, shall vote in favor of such amendment or araendment.s,
and two-thirds of each branch of the next General Assembly
shall, after such an election, and before another, ratify the same
amendment or amendments by yeas and nays, the same shall become
part of the Constitution : Provided, That such amendment or
amendments shall have been read three times, on their several days,
in each House ; and whereas the General Assembly, at its last ses-
sion, did, in each branch, pass a Joint Resolution proposing an
amendment to the Constitution of the State of South Carolina which
was agreed to by two-thirds of its members, to wit:
Article XVI, " Article XVI. To the end that the public debt of South Caro-
tion' 'oV'^'drbt Hua may not hereafter be increased, without the due consideration
Ti thepwpi'if." and free consent of tlie people of the State, the General Assembly
is hereby forbidden to create any further debt or obligation, either

OF SOUTH CAROLINA. -107

by the loan of the ( irdit of the State, by ;;iiaiant y, endorsement, or a. n. i^ts.
otherwise, exeei)t for the ordinary and enrrent businepsof the State,
Avithout first snbmitting the (luestion as to the ereation of any eueh
new debt, guaranty, endorsement, or loan of its ercdit, to the peo-
ple of this State at a general State election ; and, niiless two thirds
of thcqnalified voters of this State, voting on the question, shall be
in favor of a further debt, guaranty, endorsement, or loan of its
credit, none such shall be created or made ;"

And whereas, the said proposed amendment has been submitted Majority of
to the electors, qualified to vote for members of the General Assem- fnvorof »aiaAr-
bly, at the next general election following the action of the Gene-
ral Assembly, and a majority of the said electors have voted in
favor of the same ; therefore.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, Tiiat the amendment to the
Constitution of the State of South Carolina, proposed and agreed to
by two-thirds of the members of each branch of the last General
Assembly, and voted for by a majority of the electors qualified to vote
for members of the General Assembly at the last general election, to
Avit : "Article XIV. To the end that the public debt of South Caro- „ j a .• i

i Said Article

lina may not hereafter be increased, without the due consideration declared part of

•' ' the State Consti-

and free consent of the people of the State, the General Assembly tutiun-
is hereby forbidden to create any further debt or obligation, either
by the loan of the credit of the State by guaranty, endorsement, or
otherwise, except for the ordinary and current business of the State,
Avithout first submitting the question ^s to the creation of any such
new debt, guaranty, endorsement, or loan of its credit to the people
of this State, at a general State election ; and, unless two-thirds of
the qualified voters of this State, voting on the question, shall be in
lavor of a further debt, guaranty, endorsement, orloanof its credit,
none shall be created or made," be, and the same is hereby, ratified
and made a part of the Constitution of the State of South Carolina.

Approved January 21), 1873.

JOINT RESOLUTION to Ratify tiik Amkndmknt to Tin; No. 10.
Constitution of tiik Statk of South Carolina Relativi:
TO Tin: TiMicoF IIoldinc Elkctions.

Wiiereas, Artirle XV of the Constitution of the State of South
Carolina, provides that an amendment or amendments may be made

Preamble.

468 STATUTES AT LARGE

A. B. 1573. to the same ; and that such amendment or amendments shall be
^ airieed to by two-tbirds of the members elected to each House; such

amendment and amendments to be entered on the Journals, rc.>^poc-
tivoly, with the yeas and nays taken thereon; and that the same
shall be submitted to the qualified electors of the State, at the next
general election thereafter for Representatives, and, if a majority of
the electors qualified to vote for members of the General Assembly,
voting thereon, shall vote in favor of such amendment or amend-
ments, and two-thirds of each branch of the next General Assem-
bly shall, after such an election, and before another, ratify the same
amendment or amendments, by yeas and nays, the same shall be-
come part of the Constitution: Provided, That such amendment or
amendments shall have been read three times, on their several days,
in each House; and whereas, the General Assembly, at its last ses-
sion, did, in each branch, pass a Joint Resolution proposing an
amendment to the Constitution of the State of South Carolina,
which was agreed to by two-thirds of its members, to wit: Strike
out all that portion of Section 11, Article 2, following the words
"eighteen hundred and seventy," occurring in the fourth and fifth
lines, and insert the following: "And forever thereafter on the
first Tuesday following the first Monday in November, in every
second year, in such manner and such place as the Legislature may
Majority of provide:" and whereas the said proposed amendment has been sub-

plectors voted in i ' i i

fttvor of siid mitted to the electors, qualified to vote for members of the General

amendmeut. ^

Assembly at "the next general election" following the action of
the General Assembly, and a majority of the said electors have
voted in favor of the same ; therefore,

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That the amendment to the Con-
stitution of the State of South Carolina, proposed and agreed to by
two-thirds of the members of each branch of the last General As-
sembly, and voted for by a majority of the electors qualified to vote
for members of the General Assembly at the last general election,
AtnendmpTit ^^ ^yj^ . "Strike out all that portion of Section 1 1, Article 2, follow-

chang'ne flee- % i i i • • i

fion from Octo- jptr the words "eighteen hundred and seventv, occurring in tlic

ber to Xovember " " . i ,. ii "• <« » j /•

made part of fourth and fifth lines, and insert the lollowing: "And lorever

Constitution of rr. i ,» n • i /• -\ r i • "v

the State. thereafter on the first Tuesday iollowing the-farst Monday in iNo-

vember, in every second year, in such manner, and in such place, as
the Legislature may provide," be, and the same is hereby, ratified,
and made a part of the Constitution of the State of South Caro-
lina.

Approved January 29, 1873.

OF SOUTH CAROLINA. 40!)

JOINT IlESOLUTIOX to Authokizk tiiio County Commis- ^ i»^
sioxi:rw.'< OF Richland Cointy to Levy and Collkct Taxes
TO Build a Couut House within and iok said County.

No. n.

Be it resolved by the Senate and House of Representatives
of the State of South Carolina, now met and .sitting in Gen-
eral Assembly, and by the authority of the same, That the County j.^ min, f„r
Conimifsioner.s of Richland County be, and they are hereby, author- li^.'' ^^" ^^''~
ized to levy and cause to be collected special taxes upon all tlie
taxable property in the said County, that is to say, witliin the fiscal
vear commencing November 1, 1873, a tax of one and one-half
mills on the dollar, and in the fiscal year commencing November 1,
1874, of one mill on the dollar, all the same money to be used ex- yeai"i8;4-V5!^
clusively in and about building a Court House within and for the
.said County, as authorized by law.

Approved February 14, 1873.

JOINT RESOLUTION to Allow the Heirs of the Estate of Xo. 1 2.
James Phillips, in Darlington County, to Redeem Cer-
tain Forfeited Lands.

Be it resolved by the Senate and House of Representatives
of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That the heirs of james phiiups
the estate of James Phillips, in the County of Darlington, be, and ucem'^ forfeited
thev arc hereby, allowed to redeem certain lands formerly owned by
the said estate, in the said County, consisting of .'>-jO acres, more or
less, which have become forfeited to the State by virtue of the non-
j)avment of taxes and the want of bidders at the sale of the same,
on condition that the said heirs shall pay over to the County Trea-
surer of Darlington County, all taxes, penalties and costs which are Auiitortoox-
due upon the same, after which, the County Auditor shall expunge foifeited'iandre-
the said lands from the forfeited land record of the Couuty of Dar-
lington.

Approved February 20, 1873.

470 STATUTES AT LARGE

A. D.1873. JOINT RESOLUTION to Allow Thomas Sansbubt, of Dar-

rl ^,"7 LiNGTON County, to Redeem Certain Forfeited Lands.

Iso. 13.

Be it resolved by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

Thomas Sans- anj ]jy [\^q authority of the same, That Thomas Sansbury, of the

bury to reuoem j j j '

certain forfeited Couutv of Darlinijton, be, aud he L; hereby, allowed to redeem cer-
tain lands, formerly owned by him in said County, consisting of
340 acres, more or less, which have been forfeited to the State by
virtue of the non-payment of taxes, and the want of bidders at the
sale of the same, on condition that he shall pay over to the County
Treasurer of Darlington County all taxes, penalties and costs which
Auditor to ex- are due upon the same; after which, the County Auditor shall ex-

forfStedTwidrei punge the said lands from the forfeited land record of the County
of Darlington.

Approved February 20, 1873.

.. -, , JOINT RESOLUTION to Allow Johx J. Roach, of Ker-

rso. 14.

SHAW COUXTY, TO ReDEKM CeRTAIN FORFEITED LaNDS.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met aud sitting in General Assembly,
and by the authority of the same, That John J. Roach, of the
redeem forfeited Couutv of Kershaw, be, and he is hereby, allowed to redeem cer-
tain lands owned or held b}' him in said County, consisting of one
hundred acres, more or less, which have become forfeited to the
State by virtue of the non-payment of taxes, and the want of bid-
ders on the same, on condition that he shall pay over to the County
Treasurer of Kershaw County all taxes, penalties and costs which
. ... . are due upon the same : after which, the County Auditor shall ex-

Auditor ti es- ^ • ^

puDKesiimefrom puncre the Said lands from the forfeited land record of the County

lorfeited land re- ' '^ •'

cord- of Kershaw.

Approved February 20, 1873.

No. 1-5. JOINT RESOLUTION to Allow the Heir< of the Estate
OF John Fields, in Darlington County, to Redeem Cer-
tain Forfeited Lands.

Be it resolved by the Senate and House of Representatives of
tHe State of South Carolina, now met and sitting in General As-

OF SOUTH CAROLINA. 471

sembly, 1111(1 by tlic iiutliorily of iIk; i-iinio, That tlie heirs of the ^^- '8:3.
estate of John Fields, in the County of Darlington, be, and the j xjcMm to re-
same are hereby, allowed to redeem certain lands, fornjerly owned ^^^^ forfeited
by the said estate, in saiil County, consisting of 769 acres, more or
less, which have been forfeited to the State by virtue of the non-
payment of taxes, and the want of bidders at the sale of the same,
on condition that the heirs of the said estate of John Fields shall
pay over to the County Treasurer of Darlington County all taxes,
penalties and costs which are due upon the same ; after which, the punKes'irmelrom
County Auditor shall expunge the said lauds from the forfeited ^^r^'ted land re-
land record of the County of Darlington.

Approved February 20, 1873.

JOINT RESOLUTION to Allow David Cook, of Kersha\v No. 1G.
County, to Redeem Certain Forfeited Lands.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That David Cook, of Kershaw David cook to

„ , 1 1 • 1 I 11 1 1 ■ ^ ^ n redeem forfeited

County, be, and he is hereby, allowed to redeem certain lands for- lands.

raerly owned by him in said County, consisting of one hundred

acres, more or less, which have been I'orfeited to the State by virtue

of the non-payment of taxes, and tlic want of bidders at the sale

of the same, on condition that he shall pay over to the County

Treasurer of Kershaw County all taxes, penalties and costs which punResame'froiiT

are due upon the same ; after which, the County Auditor shall ex- cord.' '^

punge the said lands fi-oni the forfeited land record of the County

of Kershaw.

Approved February 20, 1873.

JOINT RESOLUTION to Allow Mrs. :Mary A. A. McLauch- No. r
LIN, OF Darlington County, to Redeem Certain Forfeited
Lands.

Be it resolved by the Senate and House of Representatives
of the State of South Carolina, now met and sitting in Gene-
ral Assembly., and by the authority of the same, That Mrs.

472 * STATUTES AT LARGE

A. n. 1873. Mary A. A. McLaughlin, of the County of Darlington, be, and she

Mrs M \ A ^'^ hereby, allowed to redeem certain lauds formerly owned by her,

redMrn^Virfuiied '° ^'^'^ ('ounty, Consisting of 479 acres, more or less, which have

i""*^*' become forfeited to the State by virtue of the non-payment of taxes,

and the want of bidders at the sale of the same, on condition that

she shall pay over to the County Treasurer of Darlington County,

all taxes, penalties, and costs, which are due upon the same; after

Auditor to ex- . ' . ' _ '

punnefamefrom whicli the Couuty Audltor sball expunge the said lands from the

lorleited land re- i /• , ^ /. Vv i

cord. lorieited land record of the County of Darlington.

Approved February 20, 1873.

Xo. 18. JOINT IlESOLUTIOX to Refund to Alexaxdeu AVillifoud,
OF York County, Certain Excessive Taxes Paid by Him.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
Refund of ex- ^°^ ^Y ^^6 authority of the same, That the State Treasurer be, and
^^^yy[jfo^jf ^° he is hereby, authorized and required to refund and pay to Alexan-
der Williford, of York County, thirty-eight dollars and twelve cents
by him paid, in excess, upon an erroneous assessment of his lands,
in Chester County, for the year 1868, out of any fund not otherwise
appropriated.

Approved February 21, 1873.

No. 19. JOINT RESOLUTION Authorizing A. R. Taylor, IIknry
Arthur and Others, of Lexington County, to Continue,
FOR A Term of Four Years, Two Gates Erected by Tiiem
Across the Old State Road and the Barnwell Road, in
SAID County, at the Beginning and Termination of their
Planting Land.

JBe it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
a. r. Taylor ^"'^ ^^Y ^^^'■' f^uthority of the same. That the County Commissioners
icros^steteroad °^ Lexington County be, and they are hereby, authorized to grant
permission to A. R. Taylor, Henry Arthur and others, of ths
County of Lexington, if in their judgment they deem proper, to
continue for a term of four years, or for any less period, two gates

OF SOUTH CAROLINA . 47:]

erected l)y them across the Old fttiito Koud and the IJaniwell ItDiid, -^^ ''• '"■ ■•
in said ('i)Uiity, iit the lx;giijning and terminalion of their planting '' ~

land.

Approved February 21, 1873.

Proviso.

JOINT RESOLUTION to Provide an Ari-KOPRrATioN for No. 20.
THE FiN.VL Payment on Lands Purchased by the State in
Darlington County.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That there be, and there is
hereby, aj)propriated, for the final payment upon two tracts of
land, known as the Back Swamp and Furmau Tracts, purchased
by order of the State Land Commissioner, for and on account of
the State, in the County of Darlington, comprising, in the aggregate,
l,4i)7 acref, more or less, the sum of twenty-six hundred dollars, ?2.goo for final

' ' ' •' ' payment on land

(82, GOO,) and the State Treasurer is hereby authorized and instruct- >» Diriington.
ed to pay the same out of any moneys not otherwise appropriated :
Provided, That the money so appropriated be paid directly to the
parties holding the mortgage on said land : Provided, further. That
no part of this appropriation shall be paid until good and sufficient
titles shall have been first obtained for the land herein specified.

Approved February 21, 1873.

JOINT RESOLUTION Authorizing the County Commission- No. 21.
r.Rs of Bkaufort County to Levy a Special Tax.

Section 1. Be it resolved by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That the
County Commissioners of Beaufort County be, and they are hereby,
authorized and directed to lew and collect a special tax of two 2 miiisforpast

Ml 1111 11 1 ' 1 1 !• • 1 /-, r- indebtedness.

mills on the dollar, on all the taxable property of said County, for
the year ending October 31st, 1<'S72, and continue the collection of
the same each succeeding year until the sum of thirty-seven thou-
saml dollars (837,000) shall have been collected, said sura to be
used exclusively for the purpose of paying the past indebtedness of
the said Beaufort County.

Sec. 2. That all persons holding claims against said County be,
31

474 STATUTES AT LARGE

A. D. 1873. aud they are hereby, required to file a list of such claims, with the
^ amount aud date thereof, in the office of the County Treasurer, within

beuied""'"* ° thirty days from and after the ])assage of this Joint Jtesolution.
Claims payable Sec. 3. That it shall be the duty of the Treasurer to pay saiil
m^jrder of pri- g|^jj,j^ jjj jj^g order of their priority.

Penalty for Sec. 4. Any officcr autlutfi/.cd and empowered to carry out the
provisions of this Joint Resolution who shall fail in any respect in
the performance of such duty, shall be deemed to have committed a
malfeasance in ofHce, and upon conviction, shall forfeit his office,
and shall be subject to a fine of not less than one hundred nor more
than one thousand dollars, at the discretion of the Court.

Approved February 26, 1873.

malfeasance.

No. 22. JOINT RESOLUTION to Allow Mks. Fkances Irene Qiirk,
OF Daulixgton County, to Redeem Certain Forfeited
Lands.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,

Mrs Quirk \o ^"^ V ^^^ authority of the same, That Mrs. Frances Irene Quirk,
redeem forfeited ^^ ^\^q County of Darlington, be, aud she is hereby, allowed to re-
deem certain lands, formerly owned by her, in said County, consist-
ing of one thousand and fifty acres, more or less, which have be-
come forfeited to the State, by virtue of the non-payment of taxes
by the tenants on the same, who agreed so to do, and for want of
bidders at the sale of the same, on condition that she shall i)ay over
to the County Treasurer of the County of Darlington, all taxes,
penalties and costs which are due upon the same, after which the

Auditor to ox- Couutv Auditor shall expunge the said lands from the forfeited land

punee same from '-^^""''J -'^^ "^ i a

forfeited land record of the County.

record.

Approved February 27, 1873.

No. 23. JOINT RESOLUTION to Allow E. W. Braddy, of Orange-
r.LR(i County, to Redeem Certain Farfeited Lands.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
E. w. Braddy to and by the authority of the same, That E. W. Braddy, of the
rede^em forfeited ^^^^^^ ^^ Orangcburg, bc, and he is hereby, allowed to redeem cer-
tain lands formerly owned by him in said County, consisting of
sixty (60) acres, more or less, which have become forfeited to the

OF SOUTH CAROLINA. 475

State by virtue of tlio ii()ii-])aynieiit of taxes, and the waut of bi<l- ■''■ "•'»"3.

flcrs at tlie .silo of the same, on coiMlilioii tliat he shall pay over to

llif County Treasurer of Orance])ur;' County all taxes, penalties . ,.

- _ too J > I Auditor to ex-

aiHJ costs which are due upon the same, after which the County punKeHninffroiu

' . . "' forfeited land

AiKlitor shall expunge the said lands from the forfeited land record record,
of Orangeburg County.

Approved February 27, 1873.

JOINT RESOLUTION to Allow D. P. Johnson, of Kershaw No. 24.
County, to Redeem Cehtain Forfeited Lands.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assem-
bly, and by the authority of the sarae, That D. P. Johnson, of .'^Z'Jmi^^
the County of Kershaw, be, and he is hereby, allowed to redeem. ^'^''"'*^'*°^-
certain lands owned by him iu said County, consisting of one hun-
dred (100) acres, more or less, which have become forfeited to the
State by virtue of the non-payment of taxes and the want of bidders
at the sale of the same, on condition that he shall pay over to the
County Treasurer of Kershaw County all taxes, penalties and costs,
which are due upon the same; after which, the County Auditor j,-^'j,"J^'*^^n,g''f^^m
shall expunge the said lands from the forfeited land record of the j^ord.'^*''^ ''""^
County of Kershaw.

Approved February 27, 1873.

JOINT RESOLT^TION to Allow M. Dolin, of Ohanoeuurg No. 25.
County, to Redeem Certain Forfeited Lands.

Be it resolved by the Senate and House of Representatives of
the State of South Carolina, now met and sitting in General As-
sembly, and by the authority of the same. That M. Dolin, of the m. Pniinto

■"•' ,,,.11 rode«m forfeited

C ounty of Orangeburg, be, and he is lierehy, allowed to redeem land,
certain lands formerly owned by him in said County, consisting of
one hundred and fifty (.150) acres, more or less, which have become
forleited to the State by virtue of the non-payment of taxes, and
the want of bidders at the sale of the same, on condition that he

476 STATUTES AT LARGE

A. D. 1873. pliall pay over to the County Treasurer of Orange1)urg County, all

^ taxes, penalties and costs which are duo upon the same, after which

Addit.irtoex- thc Countv Audltor shall expuiiiro the said lands from the forfeited

pnnge siiinc from •' ^ i o

forfeited land land rccord of the County of Oraufreljurtr.

record. •' t> o

Approved February 27, 1873.

Ko. 26. JOINT RESOLUTION to Allow Thomas Grimshaw to Re-
deem CERTAIN Forfeited Lands ix Oconee County.

Be it resolved by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

Thomas Grim- and by the authority of the same, That Thomas Grimshaw be, and

shaw to redeem ■,.■,■, -,-, -, ■> • i -t p ^ ii

forfeited land, hc 13 hereby, allowed to redeem certain lands lormerly owned by
him in the County of Oconee, consisting of eleven hundred and
seventy (1170) acres, more or less, which have become forfeited
to the State fwheu erroneously listed as the property of one
Lewis Wernicke) by virtue of the non-payment of taxes, and the
want of bidders at the sale of the-sarae, on condition that the said
Thomas Grimshaw shall pay over to the County Treasurer of Oco-
nee County all taxes, penalties and costs which are due upon the
i)un"e'^me*frnm samc, after which the County Auditor shall expunge the said lands
reS*"^'''°'^ from the forfeited land record of the County of Oconee.

Approved February 27, 1873.

No. 27. JOINT RESOLUTION Requiring all Persons Holding
Claims Against the County of Abbeville, to Register
the same with the Treasurer of said County.

Be it resolved by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same. That all persons holding claims

Claims to Vie agaiust the Countv of Abbeville arc hereby required to file with the

registered with ° - J i

County Trca»- Ti'casurer of said County, within thirty days from the passage of
this Act, a statement of the date and amount of such claims.

Approved February 27, 1873.

OF SOUTH CAROLINA. 477

JOINT RESOLUTION toIn-htkic t urn Tkusteesof the State ^- ^- •^'"•
Okiiian Asylum to Inviti; Proi'osals for a Site and
lirn,i»iN(i, AND FOR Tin: Ari'KorKiATioN or TwnxTY Tiiou- Iso.'I^.

SAND DOLLAIJS TlIEKEFOR.

Whereas, the State 0rj)han Asylum in tlie city of Charleston Prcami.'.e.
claims the fostering care of the State, and some provision is urgently
needed for a better building, and a more suitable site ; there-
fore,

Section 1. Be it resolved by the Senate and House of Representa-
tives of the State of South Carolina, now met and sitting in General
Assembly, and by the authority of the same. That upon the Trustees toad -

- •' •' ^ ^ vertise fir pro-

passage of this Act the Trustees of the State Orphan Asylum be, posais for site.
and they are hereby, authorized and required to advertise, for sixty
days, for proposals from the various cities, towns, and Counties
of the State, for a site, and building, for an Orphan Asylum, at a
cost not to exceed the sum of twenty thousand dollars. That said
proposals shall, at the expiration of the aforesaid time,'be opened
and considered by the Trustees, who shall decide upon the location location an icon^
and contract with the lo\yest responsible bidder for the i^urchase of ingfic."' "'
the site and construction pf the building, and report their proceed-
ings in detail to the next session of the General Assembly.

Sec. 2. That the sum of twenty thousand dollars, if so much be pr^cd'^herrfor
necessary, be, and the same is hereby, appropriated for the purchase
of the said site, and construction of the building: Provided, That i^V^omh""'^'
said Trustees shall each give a bond in the penal sum of two thou- p"*^^*^-
sand dollars, with two good sureties, fur the faithful discharge of
the duties herein entrusted to them ; said bond to be approved by
the Judge of the First Judicial Circuit, and filed in the office of the
Clerk of Court.

Approved February 27, 1873.

JOINT RESOLUTION to Provide fur the Erection and No. 'JO.
Construction of a Guard House and Market in tue ToWxV
OF HAMHURfi, South Carolina, and to Authorize the Levy
of a Special Tax for said Purpose.

Whereas the Town of Ilambuig, in the County, of Aiken, State Prcnmbie.
of South Carolina, stands in great need of the necessary and suita-
ble accommodations for a guard house and market in said town ;
and whereas its current tax is inade«juate to meet the cost of the

478 STATUTES AT LARGE

A. D. 1873. erection thereof, and it i.s doubtful if the Town Council has author-
^^ ity to levy an additional tax therefor; therefore,

Skction 1, Be it rcnolved by the Senate and House of Rejjresen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That the Town
Council to build Council of Hamburg be, and the same is hereby, authorized and

gunrd house and o ' j >

inariiet. empowered to build, erect and construct a guard house and market

in some suitable and convenient place within the corporate limits of
said town, and make all necessary and proper contracts to accom-
plish and carry out the same.

Sec. 2. That for the purpose of carrying out the provision of Sec-

Special tax .•<im /-< mi i-ii in -i

thereior. tiou 1, the iowu Louncil DC authonzcd to levy and collect a special

tax of fifty cents on the one hundred dollars on all taxable property
ProvL-o. within the corporate limits of said town : Provided, That one-half

of said tax be collected in the year 1873, and the other iu 1874.

Sec. 3. That all Acts, or parts of Acts, inconsistent with this
Joint Resolution, be, and the same are hereby, repealed.

Approved February 27, 1873.

Xo. 30. JOINT RESOLUTIOX Authorizing and Permitting Ridley
K. Carlton, a Trlvl Justice of Beaufort County, to
Change his Domicile.

Be it resolved by the Senate and House of Representatives of

the State of South Carolina, now met and sitting in General

Assembly, and by the authority of the same, That Ridley K. Carl-

Removaiof ton, a Trial Justice in and for the County of Beaufort, be, and he

domicile. * ,.,..,

is hereby, authorized and permitted to change his domicile to the
town of Beaufort.

Approved February 27, 1873.

ACTS OF Till' r.r.xT.RAL assi;mi;ly

OF TUE

STATE OF SOUTH CAROLINA

Passed at the Special Session ivhich was herjun and lield

at the City of Columbia on the txventy-first day of

October, A. D. 1873, and was adjourned

toithout day on the twenty-fourth day

of November, A. D. 1873.

Franklin J. Moses, Jr., Governor. R, Howell Gleaves,
President of the Senate. Samuel J. Lee, Speaker of the
House of Representatives.

A. I). l<^73.

AN ACT TO Repeal Section Four (4) of an Act entitled No. 388.
"An Act to Relieve the State of South Carolina of All
Liability for its Guaranty of the Bonds of the Blue
Ridge Railroad Company by Providing for the Securing
and Destruction of the Same," Approved March 2, 1872;
and to Repeal so much of Section 72, Chapter XII, Title
III, OF THE General Statutes as Authorizes the State
Auditor to Give Notice Annually to Each County Aud-
itor of the RATEij Per Centum to he Levied for Various
State Purposi^.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, smd by the authority of tlie ssame. That Section
four (4) of an Act entitleil "An Act to relieve the State of South
Carolina of all liability for its guaranty of the bonds of the Blue „ „ i r

J o J • K c p e a 1 <> I

Ridge Railroad Company l)y providing for the securing and destruc- Sootion4.iov\-
tion of the same," apiirovcil March 2, 1872, providing for an annual '"r r.<i.-iiipii<>n

' ' ' ' ° (I t r e V e u u c

tax of three mills on the dollar for the redcmj)tion of the revenue bond scrip,
bond scrip, be, and the same is hereby, repealed.

480 statutp:s at large

A. D. 187;?. gEc. 2. That so much of Section seventy-two (72), Chapter X
^ ^ ^ -Title III, as directs that the State Auditor shall, ou or before

Rcpenlof _ _ , '

authority to November fifteenth, annually, "ive notice to each County Auditor of

State Auditor ' . ' o J

to give notice the rates per centum authorized by law to be levied for various State
centum. purposcs be, aud the same is hereby, repealed, and the Comptroller

Comittrollcr t>, , . , i /. i • , i , n i

Oeneriii not to (jieneral i.s herel)y lorbidden to levy any tax tor any purpose what-

levy any tax , , i • i i '•

without ex- ever, unless expressly herearter authorized so to do by statute.

press authority

Approved October 22, 1873.

No. 389. AN ACT to Revive, Renew and Amexd an Act entitled
"An Act to Incorporate the Home Insurance Company,
OF Charleston."

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same, That the Act of the General

Assembly of the said State entitled "An Act to inc(»rporate the

Charter of Home Insurance Company, of Charleston," be, and the same is

Home Insur- . , , , \ ^ p t i <•

ance Company hereby, revived, renewed and extended irom the passage hereof,

renewed and .,,/.ii- i ,• i i • r> • -

amended. With the following alterations and amendments, viz.: Section a,
strike out the words "one year" and insert in lieu the words "two
years." Section 8, after the word ''^ respondentia,'' insert the words
"or other securities." Section 14, strike out the words "one year"
and insert in lieu thereof " two years."

Approved November 7, 1873.

No. 390. AN ACT to Incorporate the Reform Apollo Society, of

Charleston, South Carolina.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
•General Assembly, and by the authority of the same. That Na-
Corporators. thanit'l T. Spencer, Robert Howard, Jr., Alfred F. Castion, Edward
P Wall, Jr., Theodore L. Castion, Peter Grant, Eugene M. Caption,
Claudius Elliott, their associates and successors, are hereby made
Corporate and created a body politic aud corporate, under the name and style
of "The Reform Apollo Society, of Charleston, South Carolina,"

OF SOUTH CAROLINA. 481

Src. 2. And said corporation sl)iill have power to make bylaws -'^- J*- l'^"'-

not repugnant to the laws of tlu; land, and shall have succession of '

oHicers and members according to their election ; and to keep and Powers imd
I .1 I -11 . , . . i>rivilefft'H.

use a common seal, the same to alter at wul ; to sue and be sued lu
any Court in this State; to have and enjoy every right, power and
privilege incident to such corporations. And it is heret)y emixtw-
ered to acquire, retain and enjoy all such property, real and per-
sonal, as may be given or bequeathed to it or purchased by it, and
to sell, convey or mortgage the same, or any part thereof, at will.

Sec. 3. That said corporation may from time to time invest
moneys, assets or any property which it may acquire in such real investment
and personal property, bonds, stocks, or in sureties, in such sums "'^ ™°°''"*"^'''-
and on such terras and conditions as it may deem proper, and to
execute bonds, etc., under its corporate seal: Provided, That the
maximum value of all property held and owned by said corpora-
tion shall not exceed thirty-five thousand (35,000) dollars.

Sec. 4. This Act shall continue in force until repealed; may be
given and taken in evidence without being especially pleaded.

Approved November 7, 1873.

AN ACT TO Incorporate the Pleasant Hill Baptist No. 391,
Church, of ED(iEFiELD County.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That Lyraus Corporators
Simmons, John A. Barker, Augustus Sim kins, David Graham,
Paris Simkins, and all persons who now are or who hereafter shall
or may become members of the said society, shall I)e, and they are
hereby, incorporated and declared to be a bixly corporate, by the
name and style of the Pleasant Hill Baptist C"hurch, of EdgeHeld c
County, and by that said name shall have succession of officers
and njctnbers and have a common seal.

Sec. 2. That the said corporation shall have power to purchase,
receive and possess any real or personal estate for the purposes of i>„wen. nn.i
this Act. not exceeding in value the sum of ten thousand dollars, '"■'*''•^^-'•''•
or to sell the same, and to make such rules and by-laws, not re-
pugnant to law, as may be thought necessary and expedient. Said
society shall have all power and be subject to all the liabilities and

r p o r a I c
mi 1110.

482 STATUTES AT LARGE

A. D. 1873. restrictions of the Act to regulate the formation of corporations,
^^^^» ' so far as applicable.

Sec. 3. That this Act be deemed a public Act and shall con-
tinue in force until repealed.

Approved November 7, 1873.

No. 392. AN ACT to Charter and Make Public Kirby's Cross Road
TO THE Big Pee Dee River Road, Marion County.

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

Kirbv-s Cross and by the authority of the same, That Kirby's Cross Road to the

JnTmade pub- Big Pee Dee River Road, in Marion County, be, and the same is

''•^- hereby, chartered and made public.

Approved November 7, 1873.

No. 393. AN ACT to Incorporate the Good Will Presbyterian
Church and Ebenezer Presbyterian Church, of Sumter
County.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That the
Corporators "Good Will Presbyterian Church,of Sumter County," and " Ebenezer
Church, of Sun)ter County." be, and they hereby are declared to
be, bodies politic and corporate, under the name and style of the
Corporate" Good Will Presbyterian Church, of Sumter County," and the
Barnes. -"Ebenezer Presbyterian Church, of Sumter County," with all the

Powers nna rights and privileges and subject to all the liabilities that now are or
may be hereafter provided for by law for corporations of like nature.
Sec. 2. That this Act shall be deemed a public Act and remain
in force until repealed.

Approved November 7, 1873.

pi'ivi leges.

No. 394. AN ACT to Make Appropriation for the Payment of Ex-
penses OF Printing.

S75 000 oppro- SECTION 1. Be it enacted by the Senate and House of Repre-

{.'rini'gimmi: sentatives of the State of South Carolina, now met and sitting in

.^ration Report. Qeneral Assembly, and by the authority of the same. That the sum

of seventy-five thousand dollars be, and is hereby, appropriated for

■iR

OF SOUTH CAROLINA. 483

the compilation and printing of tlie Report on Ininiigratiou ordered '^- "• ^^"•"•
by the General Assembly at the session 1872-73. ''

Skc. 2. That the sura of twenty-Kve thousand dollars be, and is Si">.fKKjappro-

p r 1 a t f d f o r

hereby, appropriated for the i)ayment of printiog the decisions of •>'' "•'"«•'''»

■" ' ' ' * •' '■ ° prc-iii e Court

the Supreme Court. (ieeisions.

Sec. o. That the sura of twenty-five thousand dollars be, and is SJ').ooo!ippro-

T« , .. ,., ii. printed for

hereby, appropriated tor the printing oi the tax duplicates, returns printing tax

, , /'I 1 11 • /> <lui>lii;ate.H.

and other necessary papers tor the assessment and collection oi
taxes for the fiscal year 187o-74.

Sec. 4. That the State Treasurer be, and he is hereby, author- state Trea-
ized and directed to issue to the Republican Printing Company cer- ceriTiieiucs^*"?
tificates of indebtedness to the amount of the above appropriations, JoV above "ap-
and also for the balance du3 said company, one hundred thousand ^"Ahlo'tci^^bai-
five hundred and eighty-nine dollars sixty- three cents, with interest, confpany. wui!
appropriated by the General Assembly for printing at the session >"'<""est.
of 1872-73.

Sec. 5. That the sums hereby appropriated be paid on the cer- Appropria-
tificates of the Clerks of the two Houses, said certificates of indebt- on"or' payaW.
edness to be receivable in payment of all dues to the State, and indebtcd^n*^ei."s-
redeemable at the State Treasury out of the incoming taxes, except tMxis?'and re-
taxes levied for school purposes and interest on the public debt. cur^rcncy'. *^'"

Approved November 19, 1873.

AN ACT TO Make an Appropriation to Pay the Claims No. 395.
OP THE South Carolina Bank and Trust Company
Against the State of South Carolina.

Section 1. Be it enacted by the Senate and House of Represent-
atives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same. That the sum of
one hundred and twenty-five thousand dollars be, and the same is si25.ooo np-
liereby, appropriated for the payment of pay certificates issued by {! mv nTiMi t 'oV
the authority of the General Assembly, bills payable or Treasury caVoMna li'mk
notes of the late State Treasurer, Niles G. Parker, interest on loans pally!'""'^""'
and other evidences of indebtedness, held as claims by the South
Carolina Bank and Trust Company against the State of South
Carolina.

Sec. 2. That the State Treasurer be, and he is hereby, directed
and required, on the presentation by the President of the South Caro- ^'tate Trcns-

!• !■> 1 1 m /-t TT 1 n. I -r-1 i ■ i iirer to pay sni'l

Una tJank and irust Company, Hardy Solomon, t>SQ., or his author- iia ims, wit ii

• 1 . i 1 • , /. , I • 1 1 • ,.1 • 1 x^ 1 1 lawtiil interest.

izeu agent, at his counter, ot the said claims of the said Bank and
Trust Company, to pay the same, with all lawful interest that may

484 STATUTES AT LARGE

A. D. 187.'{. have accrued upon said claims: Provided, That the amount of said
'~"'^'' ' claims and interest shall not exceed the appropriation herein made.
To retain Sec. 3. That the State Treasurer be, and he is hereb}', directed

tuoney trom . i m /»» • n •

iiicominK taxes and required to retain in the Treasury sufficient money, from in-

lor that pur- . ^ i i i i i • - i

pose. coming taxes, to meet and pay the demands or the claims oi the

said Bank and Trust Company as herein provided for.

Approved November 19, 1873.

No. 396. AN ACT to Incorporate the Enterprise Fire Enoinje
Company, of Columbia, South Carolina.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That the En-
Corporators, terprise Fire Engine Company, and the several persons who are now
or mav hereafter be officers and members thereof, and their suc-
cessors, officers and members, be, and they are hereby declared
Corporate to be, a body politic and corporate, by the name and title of the
name. Enterprise Fire Engine Company, and that the said corporation

Powers and mav, by its Corporate name, sue and be sued, implead and be
impleaded, in the Courts of this State, and shall be able and em-
powered, in law, to purchase, have, hold, enjoy and possess any
goods, chattels, lands, tenements or real estate of whatever kind or
nature soever, and the same, or any part thereof, to sell, alien or
convey at their will and pleasure: Provided, hou-ever, That the prop-
erty so to be held shall not exceed the annual value of fifteen
thousand dollars; and the said corporation shall have power to
make a common seal, with power to change and alter the same as
often as they shall deem necessary.

Sec. 2. That this Act shall be deemed and taken to be a public
Act and shall continue in force until repealed.

Approved November 19, 1873.

No. 397. AN ACT to Authorize and Permit the Sullivan's Island
Company to Erect and Build a Wharf and Ferry House
IN the Cove of Moultrieville, on Sullivan's Island.

Sniiivnn'.«!ls- Section 1. Be it enacted by the Senate and House of Repre-
ComVa^n^M o sentatives of the State of South Carolina, now met and sitting in
'.•rr*y^hou'sc'"in General Assembly, and by the authority of the same. That the
M^ouifr^vfiie".^ Sullivan's Island Ferry Company be, and are hereby, authorized

OF SOUTH CAROLINA. 485

and permitted to erect aud l)ui]<l a wlutrr and ferry house in the '^- ^- ^**^*-
cove of Moultricville, on Sullivan's Ii^huid, and to use and occupy '

the same for and during the corporate existence of the said com-
pany.

Approved November 19, 1873.

AN ACT TO Enable Richard C. Wattc to Aitly for Ad- No, 398.

MISSION TO THE BaR.

Be it enaclcil by the Senate and House of Representatives of the
State of South Carolina, now met aud sitting in General Assembly,
and by the authority of the same, That Richard C. Watts, a minor, Richanic.
of the age of twenty years, be, and he is hereb}', permitted to apply to apply foV^id"^
for admission to the bar forthwith upon the passage of this Act, bi'n'"" ^^ ^*^
and, if found qualified, he shall be admitted to all the privileges if quaii6ed.
granted by Section 2, page 502, of the Revised Statutes of South practke as at"
Carolina, to persons applying for permission to practice as attorney ^**'""^* ** *"*'•
at law.

Approved November 19, 1873.

AN ACT TO Amend Sections 14, 21 and 35 of the Act En- No. 399.
TITLED "An Act to Regulate the Manner of Drawing
Juries," Approved March 10, 1871, being Sections 17 and
24 of Chapter CXI, and Section 3 of Chapter CXXXIX
OF THE General Statutes.

Section 1, Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met aud sitting in
General Assembly, and by the authority cf the same. That Section J u i-y i a w
14 of the Act entitled "An Act to regulate the manner of drawing ""*'^^"
juries," approve<^l March 10, 1871, being Section 17, Chapter CXI,
of the General Statutes be, and the same is hereby, amended by "Twenty"

I 1 , I. • 1 1 1. . 1. .. . , instTttxl in lieu

inserting the word *' twenty in the second hoe in lieu of the word of •ofiecn. "
" fifteen."

Sec. 2. That Section 21 of said Act, being Section 24, Chapter
CXI, of the General Statutes, be amended so as to read as follows:
"Whenever it may be necessary to summon jurors from the by- .lumrs from
standors, the Sheriff and Clerk shall each furnish to the presiding by whom'^and

T., I „ i: 4 i • • ai • . , in what nian-

uclge a list containing as many names as there are jurors require<i ncrj^uuuuoued.

of persons duly qualified to serve as jurors, and the presiding

Judge shall select therefrom those best fitted to serve a^^ jurors, who

486 STATUTES AT LARGE

A. D. i<c.:. shall forthwith be summoned by the Sheriff to serve uutil dis-
^ ~ charged by order of the Court "

Si:c. 3. That Section 35 of said Act, being Section 3 of Chapter
CXXXIX of the General Statutes, be amended so as to read a.*;
(iriind jurors, follows: "In case of deficiency of grand jurors in any Court, a
fiency. how number of persons duly qualified to serve as such shall be sum-
moned from the bystanders, and shall be selected in the same man-
ner as provided in Section 2 of this Act."

Approved November 19, 1873.

No. 400, AN ACT to Incorporate the Hunter's Chapel Baptist

Church, in Barnwell County.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That J. W.
Corporators. Hunter, J. B. Hunter, J. W. Brown. M.Studley, J. G. Renty, Johu
Blume, G. M. Hunter, and all persons who now are or who hereafter
shall or may become members of the said society, shall be, and they
are hereby, incorporated and declared to be a body corporate, by

Corporate the name and style of the Hunter's Chapel Baptist Church, in
name. * i '

Barnwell County, and by that said name and style shall have suc-
cession of officers and members and have a common seal.

Sec. 2. That the said corporation shall have power to purchase,
Pow-ers and receive and possess any real or personal estate, not exceeding in
value the sum of ten thousand dollars, and to sell, lease or convey
the same, and to make such rules and by-laws, not repugnant to
law, as may be thought necessary and expedient, and may sue and
be sued in any Court of this State.

Sec. 3. That this Act shall be deemed and taken to be a public
Act and shall continue in force until repealed.

Approved November 19, 1873.

privileges.

No. 401. AN ACT to Amend Chapter CXXXI, Part IV, Title I, of
THE General Statutes of South Carolina.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That Chapter CXXXI, Part
IV, Title I, of the General Statutes of the Stale of South Carolina
be, and the same is hereby, amended by the following additional

OF SOUTH CAROLINA. 487

Section, viz.: "If any Circuit Solicitor, who sliall, while in the '^- "• '^"•'•
|)ublic discharge of the duties of his office, he drunk or intoxicated, '. ' „ ,.

I o ' ' Circuit Soli-

or in any extent disabled, by reason of the use of intoxicating ciimv.— punich-
liquors, from the proper dischari'e of his duties, .shall be held guilty "''Ivl 'r'"" '"'

' ' ' " , \ . to.xitiition to

of a misdemeanor, and, upon conviction thereof, shall be punished periorin their

' ' duties.

by fine of not less than one hundred or more than one thou.sand
dollars, and imprisoned not less than one month or more than one
year, in the discretion of the Court, and be dismissed from his
office. And whenever it shall be brought to the attention of the At-
torney General that any Circuit Solictor has been charged with the AtiomeyGen-

„ • 1-0- 1 !• ^ • i -iiiii-i era I to prooe-

ollense mentioned in .Section 1 or this Act, it shall be his duty to ..utc Solicitor.-*

,.,,,..,. . 1 ,1^ 1 .1 '"•■ intoxica-

prepare a bill oi indictment against such orhcer and prosecute the tion.

same in the County where the offense was committed; and if said If convicted.

. the Governor

officer is duly convicted, he shall cause to be forwarded to the Gov- to declare office
eruor of the State a record or such conviction, upon the receipt of dor new elec-
which the Governor shall forthwith declare the said office to be
vacant and order an election to fill the same."

Approved November 19, 1873.

AN ACT TO Amend Section 32 of Chapter XLII of General No. 402.
Statutes of the State of South Carolina.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That Section 32 of Chai)ter Law relative
XLII of the General otatutes of the State of South Carolina be. lin-iiiniversity
and the same is hereby, amended by striking out the second proviso ''"ivoieV^rs of
to the end of the Section and inserting in lieu thereof the follow- io"n.cI^ivc "d-
ing: "Provided, That no professor of the University shall receive r„r'.'crvilcs'"u>
any increase of salary on account of services rendered in said pre- schd'oi.'^'"'"^*
paratory school."

Approved November 19, 1873.

AN ACT TO Explain or Amend an Act Entitled " An Act No. 403.
TO Authorize Alien.s to Hold Property."

Whereas doubts have been suggested whether the Act to author-
ize aliens to hold property was intended to include corporations Pre.TinMo.
created under the laws or by the authority of other States and
nations; therefore,

488 STATUTES AT LARGE

A. D. 1873. ^g ii enacted by the Senate and House of Representatives of the

'' State of South Carolina, now met and sitting in General Assembly,

ForcjKn cor- and by the authority of the same, That corporations created under

pora 1 10 ns t <i •' •' \ _'

oxertise 111 I the laws, or by the authority of other States and nations were

rights and.

pri V i I L>Kes intended to have, and shall have and exercise, all rights granted to

K r a n t e d t o , , , • , i

aliens. alieus Under the Act aforesaid as lully as it they had been specially

therein named.

Approved November 19, 1873.

No. 404. AN ACT to Punish Persons for the Removal or Secreting
OF Personal Property Levied on by the Sheriff or
OTHER Officers.

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same. That whoever, with intent to

.Fraudulent defraud, removes or secretes personal property which has been

Secretion or re- i i j

movai of per- attached or levied on by the Sheriff' or any other officer authorized
under attach- by law to make such attachment or levy shall be held guilty of a

mcnt a niisde- .' , . . ,1,1 • 1 1 1 • •

meaner. njisdemeauor, aud, upon conviction, shall be punished by impnson-

iiow punish- ment in the County jail for a period not less than sixty days nor

able. V .) I . .

more than one year, or by fine of not less than one hundred dollars
Proviso. nor more than two hundred: Provided, That the person whose
property is attached or levied upon shall have been duly served
with a copy of the writ of attachment.

Approved November 19, 1873.

No. 405. AN ACT to Change the Name of Nathaniel E. Wall and
CuYLER Hamilton Wall to Nathaniel E. McCoy and
CuYLER H. McCoy.

Beit enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That the names of Nathaniel E.
Nathnniii E. AVall and Cuyler Hamilton Wall, of Beaufort County, be, and they
\vaii— names are hereby, changed to Nathaniel E. McCoy and Cuyler H. McCoy,
c^,mgc( (). c- ^^^j ^j^^^ hereafter the .'^aid Nathaniel E. Wall and Cuyler Hamil-
ton Wall shall be known and called Nathaniel E. McCoy and
Cuyler H. McCoy.

Approved November 19, 1873.

OF SOUTH CAROLINA. 489

AN ACT TO ENAiiLE T. Moultkiio Mokdiccai to Api'LY for ^- ^- i^-"^-

Admission to the Bah. ^Z ' TT).'

No. 406.

Be it enacted by the Semite and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, Tliat T. Moultrie Mordecai, a T. Moultrie

1 , . ■ , Mordcciii mny

minor under tlic age of twenty one years, be, and he is herel)v, per- apply for ad-

, 1 /. 1 • • I 1 /• 1 • 1 I " mission to the

mitted to apply lor admission to the b:ir lorthwith upon the passage bur.

of this Act, and, if found qualified, he shall be admitted to all the if (luaiified,

privileges granted by Section 2, page oOi, of the Revised btatutes attorney at law

of South Carolina to persons applying for permission to practice

as attorneys at law.

Approved November 19, 1873.

AN ACT to Incorporate the Colored Baptist Church, of No. 407.

SUMMERVILLE.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That Anthony Corporators.
AUston, A. C. Rivers, Sliadraek Street, Chance Adams and Clinton
Matthews, and their associates and successors, are hereby declared
to be a body politic and corporate, in deed and in law, by the
name and style of the "Colored Baptist Church, of Summerville," Corporate

name,

and by the said name shall have perpetual succession of officers
and members, and a common seal, with power to change, alter and
amend the same as often as the said corporation shall deem neces-
sary.

Sec. 2. That the aforesaid corporation shall be legally capable
to purchase, have, hold, enjoy, posseiss and retain to itself, in per- r„wors and
petuity or for any term of years, any land for the purpose it shall '"'^' '*''■'"■
consider necessary, or other property, not exceeding the value of
twenty thousanil dullais, (§20,000,) or to sell or alien the same as
the said corporation shall think fit; and by its corporate name to
sue and be sued, imi)lead, and be impleadv'd in any Court of law or
equity in this State, and to make such laws and bylaws for its
government as shall not be repugnant to the laws of the land.

Sec. .'). That this Act shall be deemed a public Act and con-
tinue in force until repealed.

Approved November ID, 1873.

490

STATUTES AT LARGE

A. D. iHTs. AN ACT TO Incorporate the Orangeburg Lutheran Church,

'^~^ OF Orangeburg.

No. 408.

SfXTioN 1. Be it enacted by the Senate and House of Repre-
sentatives of the vState of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That all

Corporators. persoDS who now are or may hereafter become members of the
Orangeburg Lutheran Church be, and they are hereby declared to

Corporate be, a body politic and corporate, by the name and style of the
"auie. "Orangeburg Lutheran Church."

Sec. 2. That the said corporation shall have succession of trus-

Powers and tees, officers and members according to their by-laws, and shall
have power to make by laws not repugnant to the laws of the land;
and to have, use arid keep a common seal and the same at will to
alter; to sue and be sued, plead and be impleaded, in any of the
Courts of the State; and to have and enjoy every right, power and
privilege incident to such corporations ; and they are hereby em-
powered to hold, retain, possess and enjoy all such property as they
now have and possess or be entitled to, or which shall hereafter be
given, bequeathed or devised to them, or in any manner acquired by
them, and to sell, alien or transfer the same or any part thereof

Sec. 3. This Act shall be deemed a public Act and remain in
force until repealed.

Approved November 19, 1873.

lirivileges.

No. 409. AN ACT to Incorporate the Love and Good Will Society,

OF Aiken County.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, ilow met and sitting in
General Assembly, and by the authority of the same. That C. F.
Corporators. Holland, D. Williams, Lewis Moore, Handy Jenkins, and others
who now are or may become members and officers of the Love and
Good Will Society, of Aiken County, South Carolina, and their
successors, officers and members, be, and they are hereby declared
Corporate to be, a body corporate and politic, under the name and style of
"™^' the Love and Good Will Society, of Aiken County, South Caro-

and lina; and the said corporation shall, by hs corporate name, sue
and be sued, implead and be impleaded, in any Court of this State;
and shall be able and empowered by law to purchase, have, hold,
enjoy and possess any goods, chattels, lands, tenements or real
estate of what kind and nature soever, and the same, or any part
thereof, to sell, alien or convey at their will and pleasure: Pro-

PT>wcr3
privileges

OF SOUTH CAROLINA. 4;il

vided, however, Tliiit the property so held shall not exceed the •■^- ^- i**"'-
value of five thousaiul dollarf*; and the said corporation shall have ,. ' ^

' Property hi-l<l

power to make a common seal, with power to cliange and alter the ""* i" exceed
same as often as they shall deem necessary.

Sec. 2. That the said society shall make such by-laws as shall be
to the benefit of the said society, and be protected therein : Pro-
vided, Such by-laws shall not be repugnant to the laws of the
State.

Sec. 3. That this Act shall be deemed a public Act and shall
continue in force until repealed.

Approved November 19, 1873.

AN ACT TO Permit Samuel A. Hutchixsox to Adopt and No. 410.
Make His Lawful Heir Mary Savannah Reed, and to
Change the Name of the said Mary Savannah Reed
TO Mary Savannah Hutchinson.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That Samuel A. Hutchinson is Mary s.-iviii)-
hereby authorized and empowered to adopt and make his lawful "iune chimKe.i
heir Mary Savannah Reed, and that the name of the said Mary ami ni'ade"raw-
Savannah Reed shall be changed to Mary Savannah Hutchinson. " '^"^"

Approved November 19, 1873.

AN ACT to Make Ai'I'ropuiation for the Payment of No. 411.

E.KPENSES of the ExTRA SESSION OF THS GeNERAL ASSEM-
BLY, AND FOR Other Purposes.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of. the State of S.)uth Carolina, now met and sitting in
General Assembly, and by the authority of the same, That for the
payment of the members of the General Assembly, subordinate
officers and employees for this extra session, the sum of seventy-five s.vtnty-tive
thousand dollars be, and is hereby, appropriated ; and that the larn" approVri-
Clerks of the Senate and House of Representatives, respectively, "*" "
be, and they are hereby, authorizeil and directed to furnish to each cicrk,« .. t
of the memb?rs of their respective houses a pay certificate at the sc"naVo*to'fuV-
rate of six dollars per day, together with mileage, and for the sub- "au-!'/ *■ "^ " '''
ordinates and emi)loyees and incidental expenses at the usual rates
proportioned to the length of the extra session.

Sec. *2. That such certificates shall conform to the provisions of
Section 23, Article H, of the Constitution of the State, and shall

492 STATUTES AT LARGE

A. D. 1873. be certified by the President of the Senate and attested by the
' "T"" Clerk of the Senate for all members of that body, and bv the

Certificates . i /-ii i r u

to eouform to Speaker of the House of Representatives and by the Clerk or the

Section Si. At- ^ ,. , , j

tkie II. of the same for all members of that body.

Sec. o. That the subordinate officers and employees of the Gene-
ral Assembly shall, in like manner, be furnished with pay certifi-
cates in such amounts as shall be fixed by that branch of the Gene-
Certificates for ral Assembly to which such officers and employees shall belong:
deVed^-omraon Provided, however, That the pay certificates for services rendered
to besigned'by common to the two houses shall be signed by the President of the
and Presldeut Senate and countersigned by the Speaker of the House of Repre-

of the Senate.

sentatives.
Fifty thou- Sec. 4. That the sum of fifty thousand dollars be, and is hereby,
fpp*!opr1a.!ed appropriated for the current and permanent printing of the extra
ex'pen'^l"^'"^ session, to be paid on the orders of the Clerks of the two houses.

Sec. 5. That the Treasurer be, and he is hereby, authorized and
Treasurer to directed to pay the said certificates at his counter prior to any other

pay certificates , . , , i i i .i ^- a «. „„ u;™

prior to any claim or claims whatsoever, and to hold the certificates as his
other claim*, ^^^^j^^^.^ therefor; and he is also authorized and required to retain

in the Treasury sufficient money from incoming taxes to meet the

demands of such certificates.
Approved November 19, 1873.

JOINT RESOLUTIONS.

Ko. 1. JOINT RESOLUTION to Confer upon Mrs. S. A. McBride,
Executrix of the Estate of James McBride, Deceased,
THE same Powers Conferred upon J. A. ]Mayes, Execu-
tor of said McBride, by a Joint Resolution Approved
January 31, 1872.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and silting in General Assembly,
and by the authority of the same. That the same powers which
were conferred upon J. A. Mayes, executor of the estate of James
McBride, deceased, by a Joint Resolution entitled "Joint Resolu-
tion authorizing J. A. Mayes, executor of the estate of James
McBride, deceased, to sell certain lands and apply the proceeds
thereof to the education of the minor heirs," approved January 31,
Mrs. S. A. 1872, be, and the same are hereby, conferred upon Mrs. S. A.
wuh%'.° a! McBride, executrix of the said McBride, and .she be authorized to
Jhargl of Sr- act in Connection with said J. A. Mayes, after having first given the
tain duties. ^^^^ required by said Joint Resolution. •
Approved November 7, 1873.

OF SOUTH CAROLINA. 403

JOINT RESOLUTION to Chance the Name of McCauley a. i>. ists.

James White to that of James McCauley. "XT '^^

No. 2.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the name of McCauley Mi^miey
James White, of Clarendon County, be changed to James McCauley, niime changed
and that hereafter the said McCauley James White shall be known ^° ''" "" *''*'
and called James McCauley.

Approved November 19, 1*673.

JOINT RESOLUTION to Authorize County Commissioners No. 3.
OF Greenville County to Relocate State Road in Said
County.

-' - ' miSSlllllLTS to

State road through lands belonging to the estate of Wm. K. High- re-locate State

o o o D road.

tower, deceased : Provided, That the said County Commissioners shaiUonform
shall, before entering upon any lands for the purpose of relocating luentsolchap-
the said road, conform iu every particular to the requirements of Revised stat-
Chapter LXIII of the Revised Statutes of the State of South Caro- "^''^'
lina, relating to the manner of acquiring rights of way.

Approved November 19, 1873.

JOINT RESOLUTION Authorizing and Directing the No. 4.
Comptroller General to Reconvey Certain Lands For-
feited TO the State for the Non-Payment of Taxes.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the Comptroller General ^ Comptroller
be, and he hereby is, authorized and directed, upon the payment of oonvoy toU. U.
two hundred and seventy-nine dollars, (S279,) with costs, to recon- tain lands tor
vey to B. R. Burnett all the right, title and interest of the State iu state.
and to a certain tract of laud, containing three thousand and two
hundred acres, situated in Colleton County, and forfeited on the
first day of June, A. D. 1872, for the non-payment of taxes.

Approved November 19, 1873.

494 STATUTES AT LARGE

A. D. 1873. JOINT RESOLUTION to Allow David ^I. Hemmisoway, of

• • York County, to Redeem Certain Forfeited Lands.

No. 5.

Be it resolved by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assenably,

David M. and by the authority of the same, That David M. Hemmingway,

Jiiow'^j^fJ'rV- of the County of York, be, and he is hereby, allowed to redeem

iXited lamU. Certain knd.s formerly owned by him on King's Mountain, in said

County, consisting of three hundred acres, more or less, which have

All taxes, become forfeited to the State by virtue of the non-payment of taxes

S'to'oepa'ia bv the tenants on the same, who agreed so to do, and for want of

Tref.urS''"''' bidders at the sale of the same, on condition that he shall pay over

Countv Audi- to the County Treasurer of the County of York all taxes, penalties

from" t^fTr- and costs which are due upon the same, after which the County

corf ^or [he Auditor shall expunge the said land from the forfeited land record

County. Q^ ji^g County.

Approved November 19, 1873.

Ko. 6. JOINT RESOLUTION Proposing to Amend the Constitution
of the State, Relating to the Boundary Line of Pickens
AND Oconee Counties.

Preamble. Whereas great inconvenience ha? arisen to the people of the
Counties of Pickens and Oconee by reason of the fixing of the bound-
ary between the same along the White Water River; therefore.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
Section 3. Ar- and bv the authority of the same. That Section 3 of Article II of
Stftution'^to the Constitution of the State be amended by striking out the words
be amended. ,. ^yj^j^^ ^y^j^j. River," in the fifth line of said Section, and insert-
ing in the place thereof the words "Taxaway River." That the
to tr^ifbrnir proposed amendment be submitted to the qualified electors of the
l'Jers''a'S State at the next general election, and if a majority of the electors
general eicc- q^^ijf^ed to vote for members of the General Assembly voting
thereon shall vote in favor of such amendment and two-thirds of
General A.- each branch of the next General Assembly shall, after such election
fvThisame"''" and before another, ratify the same by yeas and nays, the said Con-
stitution shall be amended in accordance herewith. The question
of adopting this amendment shall be submitted to the electors as
Manner of follows : Those in favor of the same shall deposit a ballot with the
voting. following words written or printed thereon : " Constitutional Amend-

ment—Yes." Those opposed to said amendment shall cast a ballot
with the following words written or printed thereon : " Constitutional
Amendment — No."

Approved November 19, 1873.

ACTS OF Tllli GI'NERAL ASSB.MISI.Y

OF THE

STATE OF SOUTH CAROLINA

Passed at the Regular Session tohich xvas begun to be held

at the City of Columbia on the fourth Tuesday

in November, A. D. 1873.

Franklin J. Moses, Jr., Governor. R. Howell Gleayes,
President of the Senate. Samuel J. Lee, Speaker of the
House of Representatives.

A. D. ISTS,

AN ACT TO Alter and Amend the Code of Procedure, No. 412.
being Title V, Part III, of the General Statutes.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authoritv of the same, that the Code CoJcof Proee-
of Procedure, being Title five, (5,) Part three, of the General Stat-
utes be, and the same is hereby, amended in the several Sections
thereof as is hereinafter provided. In Section 11 strike out subdi-
vision one (1,) and insert the following in place thereof: "1. Any SuUiiyision
intermediate judgment, order or decree, involving the merits in out.
actions commenced in the Courts of Common Pleas and General therefor, reia-
Sessions, brought there by original process, or removed there from judgments. °"
any inferior Courts or jurisdiction, and final judgments in such
actions: Provided, If no appeal be taken until final judgment is Proviso,
entered, the Court may, upon appeal from such final judgment, Court may re-

,. , , -I /r> • ii ^''^■'^ intcrme-

revive any intermediate order or decree necessarily allecting the diute order or
judgment not before appealed from." In subdivision two (2) of the Subdivision
same Section, after the word "trial," in the fourth line, insert the rchitiug 'to' or-
following words: "Or when such order strikes out an answer, or any su'ibst'lin't'iul
part thereof, or any pleading in an action." '^'°

496 STATUTES AT LARGE

Sec. 2. Add to Section 41 the following words: "And whenever
it shall appear to the satisfoction of any Judge of Probate that
the personal estate of any person deceased is insufficient for the
payment of his debts, and all persons interested in such estate
being first summoned before him, and showing no causQ to the
Judge of Pro- contrary, such Judge of Probate shall have power to order the

b;ite, how and , «" , , ~ , ^ ^ p i

when he m;iy sale 01 the real estate oi such person deceased, or oi so much
real estate in thereof as may be necessary for the payment of the debts of such

payment of de- , , , , j • i_ i_

ceased person's deceased person, upon such terras and in such manner as he may

May grant think best; may grant orders of injunction to stay actions or pro-

writsofinjunc- ceedincrs asraiust the executors or administrators of such deceased

tion, etc. o =>

person, and such other orders as may be necessary to secure the

marshaling and administering the assets of such deceased person.

Proceedings All proceedings under this Section to be by summons and cora-

to be by sum- ,.,.,. ^ • „ .

moiis and com- plaint, whereui the time tor answering, manner or service, etc.,
^ ^ ' shall conform as nearly as may be to the form and practice in the

Courts of Common Pleas of this State."
'•thiS-fift'h'''' Sec. 3. In Section fifty-two strike out the words "first Section,"
inserted in heu jj^ jjj^g ^^g^ ^^j^j insert in place thereof the words "thirty-fifth Sec-
^_ In Sections,, (_jq,) ." ^nd in Section fifty-seven strike out the words "Clerk's
bate Court" in- (^^gg» in the fifth line, and insert in place thereof the words

sertcd in lieu ' ' i

of •'Clerk's of- "office of the Probate Court."

fice.

_ Section 58 gg^^ 4^ Strike out Section fifty- eight (58).

stricken out. j o \ y

Subdivision ggc. 5. Strike out subdivision four (4) of Section eighty-one

4, Section 81, \. y = j

stricken out. (81).

Section 91 Sec. 6. In Section ninety-one add the following words as subdi-

ti™e"t'o*'timc of vision sixteen: "Where more than twenty-five dollars is demanded

pkin"f. ^^^' ioa complaint the same shall be served on the defendant twenty

days; and where less than that sum is demanded, five days before

Proviso. the day therein fixed for trial: Provided, That if the plaintiflT

If plaintiff be shall make out that he is apprehensive of losing his debt by such

of'"iosfng^* his delay, and the Trial Justice considers that there is good reason

JusH^ce^' ni7iy therefor, (the ground of such apprehension being set forth in au

celi^reTu'rnab'i'e affidavit and scrvcd with a copy of the complaint,) he may make

tion*!'^ ^'^'"^ ^^^^^ process returnable in such time as the justice of the case

may require."

In Section 98 Sec. 7. In Section ninety-eight strike out the words "forty

insl-acd in'l[eu years," where they occur in the fourth and eighth lines, and insert

years." ^^ ^ in the place thereof the words "twenty years;" and in Sections one

In Sections hundicd, (100,) one hundred and one, (101,) one hundred and two,

]09.'*?cnJaV"s" (102,) ouc hundred and three, (103,) one hundred and four, (104,)

'or-Mvl^il't y one hundred and five, (105,) and one hundred and nine, (109,)

y^'-''^'" strike out the works "twenty years," wherever they occur, and

insert the words "ten years" in the place thereof. In Section one

OF SOUTH CAROLINA. 497

hundred and eleven (111) strike out the words "twenty years," on ^^- '^- 1873.
the twelfth line, and insert the words "ton years" in place thereof, ^ ^' '

In S ec t ion

and on the same line strike out the word " ten and insert " five" ]ii 'tf" yais"

, , 1 /• inserted in lieu

in the place thereoi. o f " tw c n t y

Skc. 8. In Section one hundred and thirteen add to subdivision "fiyc" in lieu'

two (2) the followinj^ words: "Other than sealed notes and per- Section ii;',,

sonal bonds, for the payment of money only, whereof the period of two, iimeniied.

limitation shall be the same as prescribed in the following Section." ii:uion'forse"i-

Sec. 9. In Section one hundred and fifty-seven add to sub- personaf'^ond.:

^ division four (4) the following words: "If said defendant is a mone'lTniy!

resident of the State, but is temporarily absent therefrom, to any ^'VectTon 157.

person over twenty-one years of age residing at the residence or }"ur.^aJueVj",:Ji

emplo3'ed at the place of business of said absent person." v*ice''^of'^"uiu-

Sec. 10. In Section one hundred and fifty-eight (158,) after the ™^'seciinn I5s

word "postoffice," on line thirty-two, add the followina; words: "In "mended, reja-

1 ' ./ ' o live to .se!"V'ie»*

cases of minors who cannot be found within the State, the like order ?' pubiicMtioi!

' 1 n c a s e o t

for publication shall be made, and the summons published in a ™'iors
newspaper to be designated in the order. In addition to the pub-
lication so to be made, the summons and complaint shall be per-
sonally served by delivery of a copy thereof to such minor, and, if
under the age of fourteen years, also to his or her father, mother
or guardian, or, if there be none such, at the place of his or her
residence, to any person having the care and control of such minor,
or with whom he or she shall reside, or in whose service he or she
shall be employed, unless it is made to appear to the Court or
Judge that the place of residence is not known to the party making
the application, and cannot, with reasonable diligence, be ascertained
by him. Proof of such personal service shall be made by affidavit Proof of ,<er-
of the party delivering the copy summons and complaint properly ^'"^'^•^'owmadc
authenticated. In case of persons imprisoned in the Penitentiary, Service o!
or in the jail of any County in this State, and in case of lunatics caVJi™ p"s,,n"
confined in the Asylum, or other place of confinement, personal ivniuMuil I'y'
service of the summons and complaint or other process affecting ^'"^j."„',;j''' "'" '■'
the rights of such persons shall be made by the Sheriff of the
County in which such persons may be imprisoned or confined, with
the like proof of service as required iu case of minors, and there-
upon the Judge of the Court, or the Trial Justice before whom the Court to ap-
action is to be tried, shall appoint some attorney, or other cotu- </./ //r,HV'i'.Ir
petent person, to act as guardian ad lilem for the person so j,jj. ''"^ ' '"^ '"""''■
prisoned or confined, who shall receive out of the property of such Duties and
persons a reasonable compensation for services rendered in their '^""^"'"'" '""''
behalf, and the case shall proceed as in other cases of persons not
under any disability: Provided, That iu case of persons ini- Proviso.
prisoned or confined, as herein stated, beyond the limits of this

498 STATUTES AT LARGE

A. D. 187". State, service by publication shall be deemed sufficient." That the
^^ ~^ same Section be amended by striking out the words " two news-

"Oiin news- , , . .

paper" insert- papers," in line twenty-two, and insertinj; the words "one news-

ril in lieu "' ,, . , , ".

"two newspa- paper in place thereoi.

Section 232 Sec. 11. That Section two hundred and thirty-two be amended
"' Upon li'iiiurc by adding thereto the following words: " In case the plaintiff does
execute uikUi- not executc the required undertaking, the party having possession
erty"fo be 'ic'- of the property shall retain the same until the determination of
^'^'""'- the suit."

Section 274 Sec. 12. Strike out the last sixteen words of Section two hundred

and seventy-four, and insert in place thereof the ibllowing words :

Ipnes of i;iw k j^^ g^^jj cases the cause shall be placed on the calendar of issues

.and taet to be i

tried together, of fact, and the issues shall be tried together, unless the Court

otherwise direct."

Section 278 Sec. 13. That Section two hundred and seventy-eight (27S) be

""'' ' amended by striking out the first nine lines thereof, beginning with

the word " at" and ending with the word " notice," and inserting

in place thereof the following words: "At anytime after issue, and

at least fourteen days before Court, the plaintiff shall file in the

Summons Clerk's office the summons and complaint in the cause, endorsing

't'o'bc'^°tiied"in thercou the nature of the issue and the number of the docket upon

Clerk so ce. ^^,^j^^ ^.j^^ Same shall be placed; and if the plaintiff fail so to do,

the defendant, seven days before the Court, may file copies of said

Clerk to piiicc papers with a like endorsemeut, and the Clerk shall thereupon place

pV'oVriai^ said cause upon its appropriate docket, and it shall stand for trial

docket. without any further notice of trial or notice of issue."

Section 313 Sec. 14. Strike out Section three hundred and thirteen (313) and

'""iw'^judg- insert: " Final judgments hereafter entered in any Court of record

"a?'^sutc"ib" in this State shall constitute a lien upon the real estate of the

ten years. judgment debtor in the County where the same are entered for a

period of ten years from the date of entry of such judgments; and

in cases where judgments have been obtained since the first day of

Manner oi' March, A. D. 1870, a like lien may be obtained by the service of a

obtaininpr Hen gummons upon the iudgmont debtor, or, if he be dead, upon his

n p o n J u (1 e- ^^ j o

menisobtaincd i^^i^g cxecutor or administrator, to show cause, if any he or they

since Marcti 1, • i i i i i i " i- •

.1870. ,iuay have, why said judgment should not be and liecorae a hen in

accordance with the provisions of this Act; and if no sufficient

. cause, be^shown to the contrary, said judgment shall be and become
a lien, _9n. all the real property of the judgment debtor, in the
Coun.ty, where entered, for ten years from the date of the filing of

. such summons, with proof of service thereof, in the office of the
Clerk of the Court of Common Pleas of the County where such
judgments have been entered, but no judgment shall constitute a
lien on any property of the judgment debtor outside of the County

OF SOUTH CAROLINA. v 490

where the same is eiiicrcfl, unle,".-* a traiiscript thereof is lodged in ^- ^- ^^"•'•
the office of the Clerk of the Court of Cotiuiion Pleas of the County ^ '^
where the property of the jiKlLriueiit debtor maybe situate; aud notn Men up-.n
froin the date of the filing of such transcript it shall liave the same "'^in of County

... , . . . wlu're uillcrcil,

force and eflect as if the judKnient had been oritrinallv entered in uhIuhs tnmx-
the County iii which said transcript is tiled: rrovided, however, i\\<;'l iu aurk'n
Where any judgment has been obtained and execution issued since Proviso,
the first day of March, A. D. 1870, and the said judgment or exe-
cution has now a lien by reason of a levy in accordance with the Lienofjudp-

•^ •' _ _ mciit. when u>

provisions of the Code of Procedure, then the lien of such iudx- ''.'•''• '.'' '^^uc'l

* . . . i^iiu:n March 1,

ment or execution shall date from the day upon which it became a i^'i*.

lien under said Code of Procedure: Provided, further. That the Proviso.

plaintifl^ in such judgment may, at any time in three years after its How and

, . , . , . , .,,.,,. w h fi n j u d c-

active energy has expired, revive the judgment, with like hens as ment may be
in the original, for a like period, by service of a summons on the exijirition of
debtor, as provided by law, requiring him to show cause, if any he '
can, at the next term of the Court for his County, why such judg-
ment should not be revived ; and if no good cause be shown to the
contrary, then it shall be decreed that such judgment is revived
according to the force, form aud effect of the former recovery: ..These pro-

° , _ -^ visions not to

Provided, further, That this Section shall not be so construed as to "tit't'' property

, , . , . exempt 1 ro iii

make final judgments in any case a lien on the real property of the iitt^i eh men t.
. , , n 1 ^^""'y ""'1 ^■■•'e

judgment debtor exempt from attachment, levy aud sale under the umier tiie Con-

. . ,, stitutioii.

Constitution.

Sec. 15. Strike out Sections three hundred and fourteen, (314,) Seetions 314,
three hundred and fifteen, (315,) and three hundred and sixteen, out.
(316,) and insert: "Execution may issue upon any judgment or de- Exceution

■ 1 • ., /. xi .. ^1 i- •". 1 I • 1 may issue upon

crec Within three years irom the entry thereof without any revival judgment or
of the same; when levied on personal property, they shall be a lien three years. ""
on such property for the period of four months from tlu^ date of son-i'i^'property
such levy; and such levy may be renewed from time to time with '""^ ' iTow" to'be
like effect, shall be made returnable in the words according to law, '■'^"*^^^'''^-
and shall have active energy from the time they shall first be lodged Duration of
until the regular term of the Court from which they were sued
which shall follow next after the full completion of five years from
its lodgment, and may be renewed at any time during the continu-
ance of its active energy without costs; but after the expiration of
its active energy as aforesaid, the same maybe renewed by the llowtohorc-
service of a summons on the judgment debtor, his heirs, executors or piration of uc-

1 • • i. 1 i I • /■ .1 1 II live energy.

administrators, to shosv cause, 11 any they may have, why the same
shall not be renewed, and if no sufficient cause be shown, the same
may be renewed, and so from period to period, as often as the same
may be found necessary, and whenever renewed shall be subject to

the rules herein provided."

500 STATUTES AT LARGE

A. D. 1873. Sec, 1(5. The SherifT, Coroner, or other officer with whom fiual
"7 ^C ' , process as aforesaid shall be lodfred, shall, at each regular term of

Shcntt and * . ... ,

Coroner e/ ui , the Court from which the said execuDou or process was sued out,

when unci to . . . -i /• ii

•.Thoni to niiike diiriug the coutiiiuance or its active energv, until tuU execution

loturn of act- , „ , , , i /r> i> i /•»! i /• u

inj:sand(loins^ thereof DC returned, make a return to the oitice or the C/lerk oi the
cess. Court of Common Pleas of his actings and doings thereunder. If

he shall have fully executed, he shall return the process with the
manner of its execution; if he shall have partially executed, he
shall return, on oath, to the Clerk, a statement in writing, under his
hand, of such partial execution, with the reason of his failure as to
the remainder; if he shall have wholly failed to make execution, he
shall return, on oath, a statement in writing, under his hand, of his
failure, with the reasons; and in any event, on the first day of the
term at which the active energy of the process shall cease as herein
provided he shall return the process, if the same has not been
before returned as fully executed, and the return of the otBcer
Lc?al effect made as aforesaid shall, for all purposes, have the same legal effect
' as if the said process had been made returnable to the terra suc-
ceeding its first lodgment and renewed after each subsequent regu-
Penaity for lar term. For failure or neglect to make any of the returns above
loot to make mentioned, or for any false returns, the Sheriff or other officer as
aforesaid shall be subject to rule, attachment, action, penalty and
all other consequences provided by law for neglect of duty by
executive or judicial officers."
Section 333 Sec. 17. Strike out Section three hundred and thirty-three and
..men e . insert in place thereof the following: "When allowed, except in

Amount of Courts of Trial Justices, costs shall be as follows: First, to the

costs allovred. m n \% ^• •! 'l-JLli-l

plaintiff, for all proceedings where judgment is obtained by default,
fifteen dollars; for trial of issue of fact, twenty dollars; for trial of
issue of law, fifteen dollars. Second, to the defendant, where judg-
ment or verdict is found for the defendant, the .same costs as are
allowed plaintiff in like cases. Third, to either party, in all con-
tested cases, fifteen dollars; for a commission to take testimony, ten
dollars; for the examination of a party or witness before trial, five
dollars; for the appointment of a guardian of an infant, ten dol-
lars; for making and serving a case or cases containing exceptions,
ten dollars; for procuring an order of injunction, five dollars; to
either party, on appeal to the Supreme Court, twenty dollars; for
Proviso. argument, thirty dollars: Provided, That nothing herein contained
shall apply to suits commenced and existing at the time of the pass-
age of this Act, wherein the costs shall be the same as allowed pre-
In Section vious to the passagc hereof."
months" in- Sec. 18. In Scctiou three hundred and fifty-seven strike out the
"Two years.""" words " two years," in the fifth line, and insert in place thereof the

OF SOUTH CAROLINA. 501

words "three months;" and add to said Section the following A. D. ]s:3.

words: "No rule or order of any Court or Jud^^e shall rctiuire the "TT ' ,

•' . " " "' " " ''

printing of any brief, report or other paper connected with appeals "•?'•'> I'rintint?

I o J ' r II II briefs, luiperw,

by any party to an action or proceeding who makes an affidavit, to ';<«.. mnv i.e

•'•''■' o /->! • 'l"'Pt'nse<l with

be filed with the Clerk of the Supreme Court, that he or she is
unable to pay for such printing."
Sec. 19. That Section three hundred and fiftvnine (3.59) be Section 359

, n r> • ' I 1 11 -"tricken out.

stricken out, and that the first eiglit lines or bection three hundred

and sixty, (3G0,) beginning with the word "if" and ending with Section 360

, 1 ,, , -I 1 I ^. 11 • 1 • 1 amemlfil.

the word "appeal, be stricken out and the lollowing substituted

in place thereof: "A notice of appeal from a judgment directing When notice

,1, , • r- 1 • 1 ^^ appeal inav

the payment of money shall not stay the execution or the judgment stay execution

unless the presiding Judge before whom the judgment was obtained

shall grant a stay of execution; but, after notice of appeal, the

plaintiff shall not enforce a sale of property without giving an un- Plaintiff not

dertakiug or bond to the defendant, with two good sureties, in double of property" af-

the appraised value of the property, or double the amount of the appeal without

judgment, conditioned to pay all damages which the defendant may ^'^'"^ '-t'Lun j

sustain by reason of such sale, in case the judgment is reversed.

Nor shall the plaintiff in such case be allowed to pro(;eed with Nor .<haii

1 /• 1 r. 1 1 -p 1 1 /• 1 J • sale be allowed

a sale of defendants property it the defendant do enter into an if detendan t

, , . . , , ••1111 • J t c *-''^'e security to

undertaking, with good sureties, \n double the appraised value of pay judgment,

... , z-i^j 2. J. !•! interest, costs

the Siiid property, or the amount or the judgment, to pay trie judg- imd damages

• 1 I 1 • 1 II i J J 1 • L ^1 1 • if judgment be

ment, with legal interest, and all costs and damages which the plain- continued.

tiff may sustain by reason of the appeal, or produce the property

levied on, and submit to the sale in case the judgment be cou-

nrraed." la Section three hundred and sixty-four strike out the Section 364

... amended rcla-

following words: "whenever an appeal is perfected, as provided tive to stay of
by, and insert m place thereof "whenever the defendant executes upon security
the bond hereinbefore prescribal, or the appeal is perfected as pro-
vided by." In Section three hundred and sixty-five strike out the li\Section3«x)

, " . , , , ■, r- 1- • i> • ,1 /• 1 1 !• " 3.'>9 " Stricken

words "three hundred and nfty-niuc, in the first and second lines, out.

In Section three hundred and sixty-six, after the word "Judge," in Section :566

the fifth line, insert the words "or Clerk." In Section throe hun- s",'iVonyof""or

dred and sixty-seven strike out the words "the perfecting of an ap- ^"section 367

peal by giving the undertaking mentioned in Section three hundred '""'"'

and fifty-nine," and itisert in place thereof the words " the notice

of appeal."

Sec. 20. That Section three hundred and seventy-one (371) be Section sri
amended by striking out all of said Section after the words " Clerk =»'"^'"^'-'^-
of the apjK^llate Court," in the tenth line thereof, and substituting
a periwl for the semicolon. And that Sections three hundred and Srctions 372

r,—r\ s 1 1 1 1 1 I / .i-.-> N 1 ''' «^"5 stricken

seventy-two, (o<2,) three hundred and seventy-three, (.>/o,) three out.
hundred and seventy-four, (374) and three hundred and seventy-

502 STATUTES AT LARGE

A. D. 1873. five (375) be stricken out. That Section three hundred and
^"t^'! !!__ seventy-seven (377) be amended by striking out the words "but no

Section ^11 •' ■' ■' *^

nineniifd. rciii- Justice of the Peace shall be bound to make a return, unless the

tive ti) pay-

ineut of fees 1 1, fees prescribed by the last Section of this Chanter be paid on the

Trial Justice. • r- i • p i i

service of the notice of appeal, on the fifth, sixth and seventh
Section .%•? lines. That Section three hundred and eitrhty-three (383) be

amended, rein- jii •!• ^ -p \

tive to liability amended by striking out the words "and if the party making such

of party exc- «.,,,, . i i • i i i

cuting under- otier shall have given an undertaking upon the appeal, the parties
executing such undertaking shall be liable thereon for the payment
of the judgment entered by virtue of said offer," beginning on line
thirteen and ending on line sixteen of subdivision five of said See-
Section SS.S tion. That Section three hundred and eighty-eight (388) be
tive to under- amended by striking out the words "and no undertaking given to
execution.' '" Stay execution shall be enforced for more than the amounts of the
corrected judgment," on lines sixteen, seventeen and eighteen;
Provision also by Striking out the words "he shall be allowed to tax, as part

relative to tax- n \ in -i im-iT-

ingfees paidto thereof, the costs and fees paid to the Trial Justice on making the

Trial Justice. i t i . , ,. . , . , ,,

etc., stricken appeal, as disbursements, in addition to the costs in the appellate

'•"Trial Ju.-- Court," in the thirtieth, thirty-first and thirty-second lines. Strike

in lieu o f out the words "Court below," in the fifty-sixth line, and insert the

"Court below." j « t • i t ^- »

words Inai tJustice.
Judgments in Sec. 21. That after the passage of this Act no judgment shall

Court of Com- ... • , /-, ' => "* ^ .

mon Plea? ob- be obtained in the Court of Common Pleas, except during term

tainableduring . ,.,,,,,,,,, ^,7 ,

term time only, time aud in opcD Court, aod It shall be the duty of the Clerk to

All cases in /.i i • i • y • » • i

which there is place all cascs filed in his office in which there is no defense upon

no defense to i i i • *• i i i

be placed on a docket to be prepared by bim for the purpose, to be known as
When sueii Docket No. Six, (6,) and they shall be called on the first day of the
called. term, and the order for judgment shall be endorsed on the corn-

endorsed on plaint, and signed by the presiding Judge, and no execution shall
signed"')"- pr"- be signed on judgments obtained by default in any other manner
SI ing u ge. ^jjj^jj jg hgj-ein provided.

Approved November 25, 1873.

No. 413. AN ACT to Provide for the Establishment of a House
OF Refuge and Industrial School is the Cities of
Charleston and Columbia.

Section 1. Be it enacted by the Senate and House of Repre-
City Councils sentatives of the State of South Carolina, now met and sitting in

of Charleston iii i- mii^-

and Coiunibia General Asserablv, and bv the authority of the same, That theCitv

to establish a . p /-„ ', " i /-, i i ■ ' i « • ,• i i'

House of Ref- Councils of Charleston and Columbia, by their ordinances duly

nee and Indus- •/. •. i n i i , • ' i i- i tt r-

trial School, ratifaed, shall have power aud authority to establish a House ot

OF SOUTH CAROLINA. 503

Refuge and Industrial School for the care, correction, education and A. D. isr;?.

instruction of juvenile offenders of the law and peace of the city, r, '^. "T

•' _ ' _ ■ Coinmiction-

and to make rules and regulations, and appoint a IJoard of Com- «"■!« to be m--

° ' ' pointed.

missioners and otlur officers for the government of the same: Pro- Proviso.
vided, That at no future time the city corporations of Cliarleston or
Columbia shall apply to the General Assv.Miibly of the State for any
pay in the establishment and management of said schools.

Sec. 2. That the Mayors or actius Mayors of the city of Charles- , Mnyor? of

■' . ... (.liurlc^'ton nnd

ton or Columbia shall have power and authority to commit juvenile Columbia mnv

, , -'i ri I 1 i- coininit offend-

ofTenders to the House of Refuge and Industrial School for a term tr^.
of years, to be held to useful industry, and to be instructed in vari-
ous branches of knowledge for which they may be qualified: Pro- Proviso.
vided, That before the commitment of any such juvenile offenders
or minors l)rought before the Mayor of the city of Charleston or
the city of Columbia by a Constable, public officer or resident of
the said cities, the Mayor shall issue a summons to the father of the
said offenders if he is living and resident within the city, and if
not, then to the mother, if she is living and so resident, and if there
is no such father and mother, to the lawful guardian of said offend-
ers, if any there be so resident, or, if not, to the person with whom,
according to his or her statement and such other testimony as shall
be received the said offenders reside, and if there be no person with
whom the said offenders statedly reside, the Mayor may appoint Mayors may

•' _ ; . ' apiioint some

some one to act in the said offender's behalf, reouirino; him or her to immsou toactin

, . , , otrciKier'3 be-

appear at a time and place stated in the summons, to show cause, half,
if any tiiere be, why such offenders shall not be committed to the
House of Refuge and Industrial School. And, at the time men-
tioned in the summons, the Mayor shall proceed to examine tlie
said offenders and any party appearing in answer to the summons,
and take such testimony in relation to the case as may be produced.
If the allegations are proved, and it appears that the offender is a
suitable subject of the House of Refuge and Industrial School, and
that his or her moral welfare and tiie good of society require that
the said offender should be sent thereto for instruction, employment
or reformation, he shall commit the said offender to said House of
Refuge and Industrial School : Provided, further, That an appeal Proviso,
shall be alK)wed from any decision rendered against any offender to
the Circuit Court of the Counties of Charleston or Richland.

Sec. 3. That the Mayors or acting Mayors of Charleston or Co- Mnyor* or

II- 11 1 " . 1 • /- -1 „ Commissioners

lumbia, or the Board of Commissioners which the City Council of may bimi of-

I . ...,,, , . • 1 -J 'I'nders ns ai>-

their respective cities shall create and appoint to supervise the said prentices,
institution, shall have power and authority to bind either of the
inmates of the said House of Refuge and Industrial School that
shall have arrived at the age of fourteen years as apprentices to

504 STATUTES AT LARGE

A. D. 1873. any trade or employment for which they may be fitted, the males
^ '^. till eighteen and the females till fifteen years of age : Provided,

Proviso. ... J n »

That in binding out the inmates, as herein provided, there shall be
a scrupulous regard to the moral character of those to whom ihey
are bound, that they may have secured to them the benefit of a
good example and wholesome instruction, and the sure means of
improvement in virtue and knowledge, that they may become in-
telligent, moral, useful and happy citizens.
Entifingor ggc. 4. That it shall be a misdemeanor to entice away or harbor

harboring ap- •'

prentices a any .of the minors committed to the House of Refuge and Indus-
misdemeanor. .11.

trial School, or to entice away or harbor such of them as shall have

been apprenticed by the authority aforesaid.

Conflicting Sec. 0. That all Acts or parts of Acts in conflict with the fore-
Acts repealed. • , ,

going are hereby repealed.

Approved November 25, 1873.

No. 414. AN ACT to Repeal so much of an Act entitled "An Act
TO Vest in Isaac G. Long the Charter of a Water
Course Through Kingston Lake and Maple Swamp, in
Horry County," Approved March 26, 1869, as Pertains
or Relates to said Kingston Lake.

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same. That so much of an Act entitled

Portion of "An Act to vest in Isaac G, Long the charter of a water course

j\ct rclutivc to

cert.iin water through Kingston Lake and Maple Swamp, in Horry County,"

coui'scrc- '

peaicd."^ approved March 20, 1869, as pertains to the said Kingston Lake

be, and the same is hereby, repealed.

Approved November 26, 1878.

No. 415. AN ACT to Renew the Charter of the Sand Bar Ferry

Across the Savannah River.

Ferry rechar- , , , i-»i^ii- n n ■ -r-<

tered. hereby, rechartered, with the following rates of ferriage: x'or every

. Rates of fer- ,.,,.,,,. , ■,

nagc. four-wheel carnage drawn by four or more horses, mules, oxen or

other animals, (except stage coaches,) seventy-five cents ; for the

OF SOUTH CAROLINA. 505

same drawn Iiy throe horses, mules, oxen or othc^r animals, sixty ^- ^- '^^'''■''•
cents; for the same drawn by two horses, mules, oxen or other ani- '

mals, forty cents ; for the same drawn by one horse, mule, oxen or
other animal, thirty cents; for every other four-wheel vehicle drawn
b}' six or more horses, mules, oxen or other animals, sixty cents;
for the same drawn by five horses, mules, oxen or other animals,
fifty cents ; for the same drawn by four horses, tnules,oxen or other
animals, forty cents; for the same drawn by three horses, mules,
oxen or other animals, thirty cents; for every two-wheel carriage
drawn by two horses, mules, oxen or other animals, thirty cents;
for the same drawn by one horse, mule, oxen or other animal,
twenty cents; for every other vehicle, twenty cents; for every per-
son on horseback, or leading or driving a horse or mule, ten cents ;
for every led horse or mule, accompanied by a person on horseback,
live cents; for every horse or mule in a drove, three cents; for
every head of cattle, three cents ; for every sheep, hog or goat, two
cents; for every animal for show, in addition to the carriage in
which he may be conveyed, forty cents; for every foot passenger
crossing, five cents. That all the rights, privileges and franchises Privileges
incident to the said Sand Bar Ferry be, and they are hereby, vested 'in^cer-
vested in Jonathan M. Miller, Isaac Holland, David Cherry and *"'" ^'''''''''■
Daniel Runse, and their heirs and assigns, and shall continue in
force until repealed: Provided, however, That all ministers of the Proviso,
gospel, practicing physicians, voters going to and from the polls,
funeral processions, persons attending church on the Sabbath,
children crossing and recrossing for the purpose of attending
schonl, and members of military companies, when crossing and
recrossiiig for the i)urp()se of attending to military duties, be, and
the same are hereby, allowed to pass free of toll over the said
ferry.

Skc. 2. That if any person shall meet with any unnecessary delay
at the said Sand Bar Ferry, in crossing, every such person or per- Damnpos may
sons may recover from the owner of the same the sum of ten dollars for unncccs-
for every hour he shall have been so unnecessarily detained, to be '^' " "^"^ "'
recovered by civil action, on application from the party or parties
aggrieved to any Trial Justice.

Sec. 3. This Act shall continue in force for the term of five
years, unless sooner repealed.

Office Secretaky of State,
Coi.u.MiJiA, S. C, December 8, 1873.
The foregoing Act having been presented to the Governor of this
State for his approval, and not having been approved or returned

506 STATUTES AT LARGE

A. D. 1873. ijy liini to that brancli of the General Assembly in which it origi-
"^ nated, within the time prescribed by the Constitution, has become

a law without his approval.

(Signed,) H. E. HAYNE,

Secretary of State.

No. 416. AN ACT to Amend Section 2o of Chapter CXXII op
Title Y of the Revised Statutes.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sittir)g in
^Section 25, General Assembly, and by the authority of the same. That Section
cxxn!' TiUe 25 of Chapter CXXII of Title V of the Revised Statutes be so

\.Revi?cdSta- '

tutes. amended amended as to read as follows:

Time for hold- "1st. The Court of Commou Pleas and General Sessions at Ab-

Abbeviiie. beville, for the County of Abbeville, on the second Monday in Jan-
uary, the third Monday in May and the first Monday in October.
In Anderson. "2d. The Court of Common Pleas and General Sessions at An-
derson, for the County of Anderson, on the first Monday in Feb-
ruary, the fourth Monday in May and the third Monday in
October.
In Oconee. "3d. The Court of Common Pleas and General Sessions at Wal-
halla, for the County of Oconee, on the third Monday in February,
the first Monday in June and the first Monday in November.
In Pickens. "4th. The Court of Common Pleas and General Sessions at
Pickens, for the County of Pickens, on the first Alonday in March,
the second Monday in June and the second Monday in November.

In Greenville. " oih. The Court of Common Pleas and General Sessions at
Greenville, for the County of Greenville, on the second Monday in
March, the third Monday in June and the third Monday in No-
vember."

All processes Sec. 2. That all writs, summons, recognizances and other pro-
made remrnii- n < i • i i i i /-i /> /-i t->i '

i)ic to Courts cesses, 01 whatever kind, returnable to the Courts oi Con)mon Pleas

ance whh 'this and General Sessions in the Counties above named be, and the

same are hereby, made returnable to the Courts held in pursuance

to the provisions of this Act in the same manner as if they had

been issued or taken in reference thereto.

Inconsistent Sec. o. That all Acts and parts of Acts inconsistent with or re-

c srcpca c . pygjjj^,^(_ j,, (_l,ig ^^.^ |jg^ j^^j j^j^g game are hereby, repealed.

Approved December 17, 1873.

OF SOUTH CAROLINA. 507

AN ACT TO Incori'ouatk ttik Conoaree Fire Engine Com- -^ "• '''"'•

I'ANY, <ii' ("oMMiiiA, South Cauolina. ^^ ' TTT

No. 41/.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That the Con- Corporators,
garee Fire l^^ngine Company, and the several persons who are now
or may hereafter be officers and members thereof, and their suc-
cessors, officers and members, be, and they are hereby declared to be,
a body politic and corporate, by the name and title of the " Congaree Corporate
Fire Engine Company," and that the said corporation may, by its Powers and
corporate name, sue and be sued, implead and be impleaded, in the '*"*' ''"^""
Courts of this State, and shall be able and empowered in, law to
purchase, have, hold, enjoy and possess any goods, chattels, lands,
tenements or real estate of whatever kind or nature soever, and the
same, or any jiart thereof, to sell, alien or convey at their will and
pleasure: Provided, however, That the property so to be held shall Proviso,
not exceed the annual value of fifteen thousand dollars; and the
said corporation shall have power to make a common seal, with
power to change and alter the same as often as they shall deem
necessary.

Sec. 2. This Act shall be deemed a public Act and shall con-
tinue in force until amended or repealed.

Approved December 20, 1873.

AN ACT TO Amend Section 50, Ciiapteu XIII, Title I, No. 418.
Part I, of the Revised Statutes, Relating to tue
Bonds of County Treasurers.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in Ceneral Assembly, S.-itiim .=u;.

Ill 1 • !• I mi r-. • -/-. y-.i -i- T t't (^linpt'T Xlir.

and by the authority ot the same, Ihat Section ab, Chapter XIII. Titio i. Pun I.
Title I, Tart I, of the Revised Statutes be amended by striking i-.i s t a t u t cs
out tlie words and figures " twenty thousand (20,000,)" in the fifth F..'r't.v'thou-
and sixth lines of said Section, and inserting in lieu thereof the in lii-u of
words and figures "forty thousand (40,000;)" and by striking out .snmi'."'"^ ' ""'
the words and figures "ten thousand (10,000,)" in the seventh and tlionsiina""iii-
eighlh lines of saitl Section, and inserting in lieu thereof the words o7""ien"thou-
and figures " twenty thousand (20,000.)" '""'*•"

Approved December 20, 1873.

508

STATUTES AT LARGE.

A. D. 1873. A.N ACT TO Chartek the Town of Allendale, in the

^J '',""' County of Barnwell and State of South Carolina.
iSo. 419.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the Stale of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That from and
Corporators, after the passage of this Act, all citizens of this State, having re-
sided sixty days in the town of Allendale, shall be deemed, and are
hereby declared to be, a body politic and corporate, and the said
Corporate towD shall be Called bv the name of Allendale, and its corporate

limits. _ ' ....

limits shall extend three-quarters of a mile in each direction from
the depot in said town.

Officers. Sec. 2. That the said town shall be governed by an Intendant

and four Wardens, who shall be citizens of the United States, and
shall have been residents of the said town for sixty days immediately
preceding their election, who shall be elected on the second Mon-
day in January, one thousand eight hundred and seventy-four, and
every year thereafter on the second Monday in January, ten days'
public notice thereof being previously given; and that all male

Electors. inhabitants of the age of twenty-one years, citizens of the State,
and who shall have resided in the said town for sixty days immedi-
ately preceding the election, shall be entitled to vote for said In-
tendant and Wardens.

Election. Sec. 3. That the election for Intendant and Wardens of the said

town shall be held in some convenient house, or some other convenient
public place in said town, from seven (7) o'clock in the morning until
five (o) o'clock in the afternoon; and when the polls shall be closed
the Managers of Election shall forthwith count the votes aud proclaim
the election, and give notice, in writing, to the persons elected. At

Managers of the first election for Intendant and Wardens, Messrs. Joseph Erwin,
J. Lawrence Williams and Thomas S. Myers are hereby appointed
to act as Managers. The Intendant and Wardens so elected shall
appoint three ^Managers to hold the ensuing and any subsequent
election. The Managers, in each case, shall, before they open the
polls for said election, take an oath fairly and impartially to con-
duct the same; and that the Intendant and Wardens, before enter-
ing upon the duties of their respective offices, shall take the oath
prescribed by the Constitution of this State, and also the following
Oath of office, oath, to wit : "As Intendant (or Warden) of the town of Allendale,
I will equally and impartially, to the best of my ability, exercise
the trust reposed in me; and I will use my best endeavors to pre-
serve the peace and carry into effect, according to law, the purpose
for which I have been elected : So help me God." The said Intend-
ant and Wardens shall hold their oflSces from the time of their

OF SOUTH CAROLINA. 509

election until the second Monday in January ensuing and until ^- ^- ^^"•''•
their successors shall be elected and qualified. '^^'''

Sec. 4. That in case a vacancy shouhl occur in the office of the Vacancies.
Intendant, or any of the Wardens, by death, resignation, removal,
or otherwise, or in any case of a tie in said election, an election to
fill such vacancy shall be held, by the appointment of the Intend-
ant and Wardens, (or Warden, as the case raay be,) ten days'
public notice thereof being previously given; and in case of the
sickness or temporary absence of the Intendant, the Wardens, form-
ing a Council, shall be empowered to elect one of their number to
act in his stead during the time.

Sec. 5. That the Intendant and Wardens duly elected and quali-
fied shall, during their term of service, severally and respectively,
be vested with all the jurisdiction and powers of Trial Justices and Judicial

T • /• 1 T> 1 • 1 /• • 1 1 powers.

Justices 01 the reace, except the trial or civil cases, and except as
it may otherwise be provided in this Act, within the limits of said
town; and the Intendant shall and may, as often as he may deem
necessary, summon the Wardens to meet in Council, any two of
whom, with the Intendant, may constitute a quorum to transact
business; and they shall be known by the name of the Town
Council of Allendale; and they and their successors, hereafter
to be elected, may have a common seal, which shall be affixed
to all the ordinances; and the said Town Council shall have
authority to appoint, from time to time, as they see fit, such and so
many proper persons to act as Marshals or Constables as the Town Marsli.iisand
Council may deem necessary and expedient for the preservation of
the peace, good order and police thereof, which persons so ap-
pointed shall, within the corporate limits of said town, have powers,
privileges and emoluments and be subject to all the obligations,
penalties and regulations provided by law for the office of Constable,
and shall be liable to be removed at the pleasure of said Coun-
cil ; and the said Town Council shall have full power to establish,
or authorize the establishment of, the market house in said town.
And the said Town Council shall have the full power and authority, General
under their corporate seal, to make all such rules, by-laws and ordi- •'<*^^*^''*-
nances respecting the streets, roads, market house, and the business
thereof, and the police system of the said town, as shall appear to
them necessary and proper for the security, welfare and convenience
and for preserving the health, order and good government within
the same; and the said Town Council may impose fines for
offenses against their by-laws or ordinances; but no fine above the
sum of twenty dollars shall be collected by the Town Council
except by suit in a Court of competent jurisdiction: And provided,
also, That no fine shall exceed fifty dollars; and, also, that nothing

510

STATUTES AT LARGE

A. D. 1873. herein contained shall authorize the said Town Council to make

^^ any by-laws or ordinances inconsistent with or repugnant to the

laws of this State; and all the by-laws, rules and ordinances the

said Town Council may make shall, at all times, be subject to

revisal or repeal by the General Assembly of this State.

Sec. 6. That the said Intendant and Wardens shall have full
Abatement of power to abate and remove nuisances in the said town, keep all

nuisances. , . .... ,... ,.

roads, ways and streets within the corporate limits in good repair,
and for that purpose they are invested with all the powers hereto-
fore granted to Commissioners of Roads, and shall have full power
to classify and arrange the inhabitants of said town liable to street.

Road and road or Other public duty therein, and to force the performance of
such duty under such penalties as are now or shall hereafter be
prescribed by law: Provided, That the said Town Council may com-
pound with persons liable to perform such duty upon such terms
and on the pa3'raent of such sums as may be established by laws or
ordinances: And provided, aUo, That the individuals who compose
the said Town Council shall be exempt from the performance of
road and public duty; and the inhabitants of the said town are
hereby exempt from road and public duty without the corporate
limits of said town.

Sec. 7. That the authority to refuse or grant licenses to keep bil-

Licenses. Hard saloons, taverns, or retail intoxicating liquors within the cor-
porate limits be, and the same is hereby, vested in the Town Coun-
cil of Allendale; and that they be also vested with all the necessary
power, by ordinance or ordinances, to suppress or regulate the sale
of intoxicating liquors in or upon any of its appurtenances, or in
or upon any of its highways, streets, lanes, alleys, commons, kitch-
ens, stores, shops, public buildings, stalls or outhouses of the said
town, or within three-quarters of a mile each way of the Port Royal
Railroad depot in the said town: Provided, No rule or regulation
shall be made inconsistent with the Constitution and laws of the
State; and they shall also have power to impose a tax on shows or
exhibitions for gain or reward, and also upon all transient traders
within the limits, and all moneys so received shall be appropriated
to the public use of said corporation.

Sec. 8. That the said Town Council of Allendale shall have power

Power to av- to arrest and commit to jail for a space of time not exceeding

rest offenders. r ^ i /> i- -, ^^

twenty-lour hours and to hue not exceeding twenty dollars any
person or persons who shall be guilty of disorderly conduct in said
town to the annoyance of citizens thereof; and it shall be the duty
of the Marshal of the town to make such arrests, and call to his
assistance the posse comitatus, if necessary ; and, upon failure to

OF SOUTH CAROLINA. 511

perform such duty, he shall be fined in a sum not less than twenty A- ^- '873.
dollars for each and every offense. ' ^

Sec. 9. The said Town Council of Allendale shall also have power
to impose and collect an annual tax upon the assessed property of . Annual taxa-
said town: Provided, No tax sliall be imposed in any one year to
exceed the rate of fifteen cents on each hundred dollars of such as-
sessed property, and that the money so raised shall be applied to the
use of said town. The said Town Council shall have power to en-
force the payment of all taxes levied by the said Town Council, to
the same extent, and iu the same manner, as is now or hereafter shall
be provided by law for the collection of the general State taxes.

Sec. 10. That the said Town Council of Allendale shall have
power to regulate sales at auction within the limits of said town and Auction .^aie.-.
to grant licenses to auctioneers: Provided-, Nothing herein con- Proviso,
tained shall extend to sales of Sheriffs, Clerk of Court, Judge of
Probate, Coroner, executor, administrator, assignee in bankruptcy,
or by any person out of the order, decree of any Court, Trial Justice
or Justice of the Peace.

Sec. 11. That the Intendant and Wardens of the town of Allen-
dale shall have power and authority to require all persons owning Sidewalks.
improved lot or lots, or parts thereof, in the said town to keep in
repair the sidewalks adjacent to their lot or lots respectively, and
for default in this matter shall have power and authority to have
said sidewalks repaired at the expense of the parties owning such
lot or lots.

Sec. 12. That the said Town Council of Allendale shall also be
empowered to retain, possess and enjoy all such property as they May hold

, , •11 i-iiiii o '• ■ •''1^^ dispose oi

may be possessed or entitled to, or which shall hereafter be given, proper.y.
bequeathed or in any manner acquired by them, and to sell, alien
or in any way transfer the same or any part thereof: Provided,
The amount of property so held or stock invested shall in no case
exceed the sum of twenty thousand dollars.

Sec. 13. That this Act shall be deemed a public Act in all
Courts of justice and shall continue of force until amended or
repealed.

Approved December 20, 1878.

AN ACT TO Require the County Treasurer of Darlington No. 420.
TO Attend at Sundry Places other than the Town of
Darlington for the Collection of Taxes.

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

:)12 STATUTES AT LARGE

A. D. 1873. and by the authority of the same, That the County Treasurer of
~^^^ "" ' Darlington, or his deputy, shall attend for the collection of taxes.

County Trea- . ° i J ' '

surer to collect in each vear, three davs at each of the following named places, to

taxes at sundry . " - .,, ^, .,, _ ,. _ . * .

places. Wit: i*Jorence, iimraonsville, CarterviJle, Lydia rrecinct, bociety

Hill, Effingham and Leaven\Yorth.

Office Secretary of State,
CoLLMBiA, S. C, December 20, 1873.
The foregoing Act having been presented to the Governor of
this State for his approval, and not having been approved or re-
turned by him to that branch of the General Assembly in which
it originated within the time prescribed by the Constitution, has
become a law without his approval.

H. E. HAYNE,

Secretary of State.

No. 421. AN ACT to Amend Section 2, Chapter XXVI, of the
General Statutes of South Carolina, Relating to
Constables.

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

S e e t ion 2. and by the authority of the same. That Section 2 of Chapter

of thetiene- XXVI of the General Statutes be amended, in the twelfth line of

amended. ^ Said Section, after the words " or a Trial Justice," by inserting the

•words. " or a Coroner,"

Office Secretary of State,
Columbia, S. C, December 20, 1873.
The foregoing Act having been presented to the Governor of
this State for his approval, and not having been approved or re-
turned by him to that branch of the General Assembly in which
it originated within the time prescribed by the Constitution, has
become a law without his approval.

H. E. HAYXE,
Secretary of State.

OF SOUTH CAROLINA. 513

AN ACT TO Aid and Encourage Manufactures. -•^- '*• ^^"2-

Section 1. Be it enacted by the Senate and House of Repre- ^o. 422,
seutatives of the State of South Carolina, now met and sitting in
General Assembly, an<l by the authority of the same, That, for the
purpose of inducing the investment and employment of capital in CMpitai in-

, . ,. , , „,..,. vested in mun-

the manuracture or cotton, woolen and paper labrics, iron, lime, uiactme of cot-

, ^ • 1, I • 1 , • I- • 1 1 • i- /.ton, woolen or

and or agricultural implements, any individual, or association oi paper fabrics,
individuals, who shall hereafter invest capital in the manufacture from taxation,
of cotton, woolen or paper fabrics, iron, lirae and of agricultural ira-
plement:5 within this State shall be entitled to receive from the
Treasury of the State, annually, a sum equal to the aggregate
amount of State taxes, less two mills to be used for school purposes,
which shall be exclusively so applied, which shall be levied and
collected upon the property or capital employed or invested directly
and exclusively in such manufactures or enterprises, the said sum
of money to be fixed and determined by the Comptroller General
of the State, in accordance with the tax returns, and to be paid by
the State Treasurer on the warrant of the said Comptroller General.

Sec. 2. That it shall be the duty of all County Treasurers, and
of the Treasurers of all municipal corporations which are by law Capital em-
authorized to levy and collect taxes, to pay to the individuals, or ufac'tu'i^'^as
association of individuals, described in the first Section of this Act c'm p'^^t' f r o^m
a sum of money, annually, equal to the aggregate amount of County municipal 't.ax-
or municipal taxes levied or collected during any year upon the '^i^'O"-
property or capital described in the first Section of this Act.

Sec. 3. That the provisions of the first Section of this Act shall Exemptions
apply exclusively to investments made hereafter, and shall not fiX'e'^ i^nvest-
operate until satisfactory proof or evidence shall have been pre- '"'"Evidence of
sented to the Comptroller General of the State that the property i,"\^,'''',"-'"\,e*^
or capital for which the benefits of tliis Act are claimed have been [je'/u-rai.'^^'*''
actually employed, paid in or invested in this State: Provided, That i.oun'no'nctMi
nothing herein contained shall apply to enterprises enumerated in ",'','!,'" i, Tan I
this Act commenced within the la>t twelve months and not yet com- '".'' i-omi.ieted
pleted: And provided, farther , That nothing in this Act contained ^vhiidi'f'ictom"
shall be so construed as to exempt from taxation the land upon ="'*' '''\i"'^:*i ""'

i ^ excmptetl.

which said factories may be erected.

Sec. 4. That the manufacturing enterjM-ises enumerated in the Kiuoi-pviser;
foregoing Sections of this Act which have been completed since the sin.-.- .lami-iry
first day of January, 1872, or any improvements made or added to iiV.iv'ements
any that were built at the time of above named date, and all ves- "titled "to bene-
sels of one hundred tons measurement or upwards built and owned
within this State shall come under the provisions of this Act and
be entitled to all the benefits thereof.

514 STATUTES AT LARGE

A. D. 1873. Sec. 5. That the bene6t3 of this Act shall extend to the property
^T"^^ and capital desicrnated in the first Section of this Act for a period

Benefits con- , ,

ferred herein of ten vears after the commencement or extension of such manu-

to term mate •'

w i t h i n ten factufc Of improvement, and no longer.

Sec. 6. This Act shall take effect on and after its passage and
shall remain in force until repealed.

Approved December 20, 1873.

No. 423. AN ACT to Incorporate the Agricultural and Mechaxi-
CAL Association of Abbeville, South Carolina.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That E. Cain,
Corporator^. Samuel Chiles, Elijah Finley, Lewis Goulsby, Henry Titus, John
Barnett, Ed. Henderson, Cit. Rosenian, Aleck Berry, Sam. Jones,
Wm. Pope, Aaron Mitchell, All'red Thurmau, and their successors
in office and associates, be, and they are hereby declared, a body
Corporate politic and corporate, under the name and style of the Agricultural
and Mechanical Association of Abbeville, South Carolina, with a
capital stock not to exceed sixty thousand dollars, in shares of
twenty-five dollars each.

Sec. 2. That said corporation is hereby empowered to have and
Powers and to use a common seal, and the same to alter at pleasure; to hold

privileges. ,, , ,, -ji-r-j-

real and personal property, whether acquired by gitt, devise or
purchase, and the same, or any part thereof, to alien, sell or trans-
fer; to adopt such constitution and pass such by-laws, not incon-
sistent with the law of the land, as may, in the opinion of the mem-
bers of said corporation, appear best calculated to promote the aims
and objects thereof; to sue and be sued, plead and be impleaded, in
any Court of competent jurisdiction; and to have all other rights,
privileges and immunities that are now secured by law to corporate
bodies : Provided, That the real and personal property of each cor-
porator shall be liable for the debts of said corporation, or assigns,
in any amount not exceeding the par value of the stock held by
him.

Sec. 3. That this Act be deemed a public Act and shall have
force until repealed.

Approved December 20, 1873.

OF SOUTH CAROLINA. olo

No. 424.

AN ACT TO Raise Supplies for the Fiscal Year Com- ^- ^- i^"-^-

MKNCING NOVKMBER 1, 1873, AND TO AlTEK AND AmEND

THE Law in Relation to the Collection ok Taxics.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That a tax
of one and a quarler (11) mills upon every dollar of the value of I'/C mills to
all taxable property in this State be, and the same is hereby, levied and contingent
to meet appropriations to pay the the salaries of the executive and
judicial officers of the State, the clerks and contingent expenses of
the executive and judicial departments of the government, for the
fiscal 3'ear commencing November 1, 1873.

Sec. 2. That a tax of one and one-quarter (11) mills upon every n.^ mills to
dollar of the value of all taxable property in this State be, and lastiTutions?
the same is hereby, levied to meet appropriations for the support
and maintenance of the penal, charitable and educational institu-
tions of the State, exclusive of common schools, for the fiscal year
commencing November 1, 1873.

Sec. 3. That a tax of two (2) mills upon every dollar of the 2 mills for
value of all taxable property in this State be, and the same is "^
hereby, levied to meet appropriations for the support and main-
tenance of public schools for the fiscal year commencing November
1, 1873: Provided, That the amount raised by the levy in this Proviso.
Section in excess of three hundred thousand dollars be appor-
tioned among the several Counties, as the free school fund is now
apportioned, to be applied to the payment of teachers' claims in
said Counties, and pro rata upon said claims.

Sec 4. That a tax of one and a half (11) mills upon every m mills for

J 11 PI 1 /> 11 II • I • o 1 1 leffislative e.\-

dollar oi the value or all ta.xable property in this State be, and penses.
the same is hereby, levied to meet appropriations to defray the
expenses of the General Assembly for the extra session of 1873
and the regular session commencing November 25, 1873.

Sec. 5. That a tax of one mill upon every dollar of the value of .i '."'" •"•*'"
all taxable property in this State be, and the same is hereby, levied
to meet appropriations for public printing for the fiscal year com-
mencing November 1, 1873.

Sec. 6. That a tax of three and one quarter (3[) mills upon :v ,' mills for
every dollar of the value of all taxable property in this State be, "-""^
and the same is hereby, levied to pay the deficiency or unpaid ap-
propriations of the fiscal year which commenced November 1, 1872;
and a tax of three quarters of a mill is herebv levied to pay the . ^4 of a mill

1 - r- 1 CI 1 /-I 1 • ■!-» I • ^ rf> 'r~, " i t i ' " >" c 1 a i Ul o 1

claim or the South Carolina Banking and Irust Company, now held Hardy Solo-
by Hardy Solomon, Esq., or as iriuch thereof as may be necessary.

516 STATUTES AT LARGE

A. D. i<?rs. cjjic 7. That a tax of one (1) mill on every dollar of tlie taxa-
'""'^' 7~ . ble property of this State be, and (he same i.-; hereby, levied to pav

1 null for in- r i -' » . > j .

tercet on puh- the half yearly interest upon the public debt of this State, (as

he debt. . •' •' ' ' .

adjusted at the preseut session,) due and payable on the 1st of July,

1874.

3 mills for Sec. 8. That a tax not to exceed three (3) mills upon every dollar

se.". of the value of all taxable property in each of the several Counties

of this State be, and the same is hereby, levied for County purposes

for the fiscal year commencing November 1, 181S, the rate to be

fixed by the County Commis.sioners of each County, and by them

certified to the County Auditor thereof, except tl)e Counties of

Greenville and Pickens, in which the County Commis.sioner.s shall

levy a tax of five (5) mills, two mills of which shall be devoted

exclusively to the payment of the past indebtednc-sof said County;

and Spartanburg County four (4) mills, one (Ij mill of which

shall be used exclusively for the liquidation of past due indebted-

. Proviso reifi- D ess for the building: of bridges: Provided, That the restriction.*

tive to certain _ _ " °

Counties. of this SectioD shall not apply to such Counties as are now author-

ized by law to levy a tax for special purposes: Provided, further,
That the County Commissioners of Charleston County are hereby
directed to cause to be levied and collected, in the same manner and
at the same time as other County taxes are collected, a special tax of
two (2) mills on the dollar on all the taxable property of the County,
to pay the past indebtedness of the County, the said funds »o
raised to be kept in the treasury by the Treasurer, subject to the
passage of an Act of the General Assembly to provide for the
payment of the past indebtedness of the County; and the County
Commissioners and the County Treasurer are prohibited from
using said funds for any purpose whatsoever until the pa.ssage of
the Act herein contemplated ; and in the County of Oconee the
County Commi.=sioners are hereby directed to levy and collect an
additional lax of one and one-half mills on all the taxable
property of the County to pay the past indebtedness of said
County.
Proceeds from gEC. 9. That the proceeds from the taxes levied in the first

leviestobc

kept from seven Sections of this Act shall be kept by the State Treasurer

otherpublic ti-/-i

funds. separate and apart from each other and irom other public tunus,

and shall be applied to the purposes for which they are respectively

levied and none other.

Portionof Sec. 10. That SO much of Section 72 of Chapter XII of Title

ChapteV" xii! Ill of Part I of the General Statutes as directs the State Auditor,

Title III, Part , - i -• - i /> xt l n ^ • .• *

I. General on Or before the l-)th of November, annually, to give notice to

pealed" ^^' ^^' each Couuty Auditor of the rate^per centum authorized by law to

be levied for various State purposes be, and the same is hereby.

OF SOUTH CAROLINA. 517

repealed; and the County Auditors and County Treasurers of this '^- ^- '^•'••
Slate arc hcroliy required, without farther notice, to proceed, on "^ >"^^
and after January 1, 1^74, under the ^supervision of liie Comp-
troller General, to the collection of the taxes herein levied, in the
manner prescribed by law; and they are hereby forbidden to
collect, or cause to be collected, any other tax whatever, unless
hereafter expressly authorized so to do: Provided, That nothing l'ri)viso.
herein contained shall prevent the collection of district school
taxes, poll tax, railroad tax and taxes levied for the relief of
widows and orphans of persons killed because of their political
opinions, or special tax as authorized by law for County purposes.
Any State or County oflBcer who shall offend against any of the
provisions of this Act shall be deemed guilty of a felony, and,
upon conviction thereof, shall be punished by a fine of not less
than one thousand or more than fifty thousand dollars, and by
imprisonment in the State Penitentiary for a period of not less
than one year or more than five years.

Sec. 11. That all taxes assessed and payable under this Act Taxes to b.-
shall be paid in the following kind of funds: United States cur- kinds of fund.-,
rency, gold and silver coin, national bank notes and certificates of
indebtedness authorized by this General Assembly and issued to
the Republican Printing Company, pursuant to the Act approved
November 19, 1873; and on receiving any of said certificates for
taxes the County Treasurers shall cancel the same by writing the
word "canceled" on the back of each certificate so received, and
attaching his official signature thereto; and the State Treasurer
shall report to the General Assembly, at the next regular session,
the total amount of such certificates returned to him by the County
Treasurers respectively.

Approved December 22, 1873.

AN ACT TO Repeal an Act to Provide for the Issue of No. 42.'..
Bills Receivable in Payment of Indebtedness to the
State to the Amount of Five Hundred Thousand

DoLLAR.S.

Be it eiutded by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That an Act entitled "An Act Ait to pn -

•!/• " !!• r ■ y t vide for i.<su»'

to provide for the issue of bills receivable in payment of indebt- of bills recciv»
edness to the State to the amount of five hundred thousand dollars,"
approved December 21st, A. D. 1865, be, and the same is hereby,
repealed. ^

Approved December 22, 1873.

.318 STATUTES AT LARGE

A. D. 1S73. ^N ACT TO Repeal so much of Section 72, Chapter XII,
Title III, of the General Statutes as Authorizes the
State Auditor to Give Notice Annually to each County
Auditor of the Rate Per Centum to be Levied for
Various State Purposes.

No. 426.

Be it enacted by the Senate and House of Representatives of the

State of South Caroliua, now met and sittinj^ in General Assembly,

and by the authority of the sarae, That so much of Section 72,

Portion of Chapter XII, Title III, of the General Statutes as authorizes the

S c c 1 1 o n ( L', '

Chapter XII State Auditor to give notice annually to each County Auditor of

Title III. of *=> . . r^

<}cneiai .^tat- the rate per centum to be levied fur various State purposes be, and

utes repeiileu. .

the same is hereby, repealed.
Approved December 22, 1873.

No. 427. AN ACT to Reduce the Volume of the Public Debt and
Provide for the Payment of the Same.

*nrcr to receive ""

loin holders the holders willing to surrender the same all the certificates of
Mild certificates stock issued uuder Act of 1794, and redeemable at pleasure,
amounting to thirty-eight thousand eight hundred and thirty-six
and sixty one-hundredth dollars (838,836.60); the certificates of
stock issued under Act of June 1st, 1838, redeemable in 1870,
amounting to three hundred and three thousand three hundred and
forty-three eighty-nine one-hundredth dollars (^$303,343.89); the
certificates of stock issued under Act of December 20, 1856, re-
deemable in 1877, amounting to one hundred and eighty-nine thou-
sand three hundred and eighty-five and eighty one-hundredth dollars
(8189,385.80); the certificates of stock issued under Act of Decem-
ber 21, 1857, and redeemable in 1888, amounting to one hundred
and twenty-one thousand and fifty-one and thirty-seven one-hun-
dredth dollars (8121,051.37); the certificates of stock issued under
Act of December 21, 1858, one hundred and fifty-si.x thousand
seven hundred and twenty dollars (8156,720) of which redeemable
in 1883, and one hundred and forty-five thousand nine hundred and
ninety dollars (8145,990) in 1885; the certificates of stock issued
under Act of December 22, 1859, seventy five thousand seven hun-
dred and forty six and twenty-four one-hundredth dollars (875-

OF SOUTH CAROLIXA. 510

746.24) of wliicli redeemable in 1887, jukI one luindred and thirty- ■*• ^- '**'•'•
nine tlioiisaiul four hiiiKlrod and tliirty dollars (§130, 4)50) in 1889;
tho cortifirate.s ol' stoi-k i-ssuod under Act of January 'I'l, 18(J], fifty-
seven tli(iii.-and eight hundred and ninety <lollars (§57,890) of wliidi
r(.'doenial)le in 1882, and sixty-five ihou.sand four hundred and
fifteen dollars (SG"),415) in 186G; the; certificates of st<jck issued
under Act of February, 1863, redeemable in 1890, amounting to one
thousand five hundred and sixty dollars (§1,560) ; the certificates
of stock issued under Acts of iSepteniber and December, 1866, re-
deemable in 1887, amounting to seventy-nine thousand four hun-
dred and thirteen and ninety-four one-hundredth dollars (S79,413,-
94); the certificates of stock issued under Act of March 23, 1869,
redeemable in 1888, amounting to sixty-four thousand dollars ($64,-
000); the bonds of the State issued under Act of June 1, 1838,
redeemable iu 1868, amounting to four hundred and eighty-one
thousand nine hundred and forty-four and fifty-one one hundredth
dollars (8481,944.51); the bonds of the State issued under Act of
December, 1853, redeemable in 1871, amounting to thirty-eight
thousand dollars (S38,000); the bonds of the State issued under
Act of December, 1855, redeemable in 1881, amounting to two
hundred and forty-nine thousand dollars ($249,000) ; the bonds of
the State issued under Act of December, 1854, two hundred thou-
sand dollars (8200,000) of which redeemable iu 1875, one hundred
and ninety-eight thousand dollars ($198,000) in 1876, two hundred
thousand dollars (8200,000) in 1877, two hundred thousand dollars
($200,000; in 1878, and one hundred and sixty-eight thousand dollars
($168,000) in 1879; thu bonds of the State issued under Act of De-
cember, 1866, redeemable in 1885, amounting to eleven thousand six
hundred dollars (811,600); the bonds issued under the Acts of Sep-
tember and December, 1866, four hundred and sixty-five thousand
four hundred dollars (8465,400) of which redeemable in 1887, aud
four hundred and sixty-four thousand eight liundred dollars (8464,-
800) in 1.S97 ; the bonds of the State issued under the Act of August
26, 1868, redeemable iu 1888, amounting to eleven hundred aud
ninety-seven thousand dollars ($1,197,000); the bonds issued under
the Act of August 26, l.S()8, redeemable in 1888, amounting to four
hundred and eighty four thousand dollars ($484,000); the bonds
issued under the Act of September 15, 1868, redeemable in 1888,
amounting to eleven hundred and eighty-nine thousand six hun-
dred ddllars (81,lS!),(i()0) ; the bonds issued under Act of Febru-
ary 17, 1869, redeenialilr in 1888, amounting to eight hundred and
fil'tysix thousand dollars ( 88.")6, 000) ; the bonds issued under Act
of March 27, 1.^69, redeemable iu LS8S, amounting to one hundred
and twenty-four thousand dollars ($124,000) ; the bonds issued under

520 STATUTES AT LARGE

A. D. 1873. Xqi Qf ^[arch 1, 1870, redeemable in 1888, amounting to three

^te Trea- li^Df''*^^ ^^^^ forty-three thousand dollars (§343,000) ; the bonds

surer shall ex- i>;sued Under Act of March 23, 18(jl), redeemable in 188S, for the

i-Iinnge bonds ' ' '

:.n<i stock siir- purpose of exchange of any of tlie certificates of stock or l)onds

rc-ii Jeredlor'^ *= •'

other bonds at above enumerated, said fact beinsr ascertainable from the Trea-

hfty per cent. _ °

of fate value, surer's registry of bonds and stocks converted, amounting to one
million five hundred and seventy-seven thousand five hundred
dollars (81,577,500); and shall thereupon, in exchange for and in
iieu of said bonds and stocks so surrendered, issue to said holders
other coupon bonds or certificates of stock, as they may desire, equal
in amount to fifty per centum of the face value of the bonds or
certificates of stock so surrendered; and that, the bonds known as
Certain eon- ^{-,3 conversion bouds, amountino; to 85,965,000, and which were put

version bonds ' o > > ' i

declared null upon the market without any authority of law, be, and the same

and void. '■ ' .

are hereby declared to be, absolutely null and void.

Sec. 2. That the State Treasurer is hereby authorized and re-

surer'^u) ^ssue Quired to receive from the holders willing to surrender the same all

ponsand'inter- ^^^ coupons upou the bonds before mentioned which have accrued,

est orders. qj, ^yj]] accrue on the first of January, 1874, and the interest orders

upon interest due upon certificates of stock as aforesaid to the date

aforesaid; and shall thereupon, in exchange for and in lieu of such

coupons or interest orders so surrendered, issue to said holders

coupon bonds or certificates of stock, as they may desire, equal in

amount to fifty per centum of the face value of the coupons or

interest orders so surrendered.

Sec. B. That the bonds and certificates of stock herein author-
B'>nd5tpbear jzed to be issued shall bear upon their face the words "Consolida-

upon their lace

certain words, tion Bonds," " Certificates of Stocks," and shall also bear upon their
face the declaration that the payment of the interest and the re-
demption of the principal is secured by the levy of an annual tax
of two (2) mills upon the dollar upon the entire taxable property
of the State, which declaration shall be considered a contract
entered into between the State and every holder of said bonds and
Proviso. stocks: Provided, That no tax shall ever be levied to pay the in-
terest or principal on any of the class of bonds or certificates of
stock mentioned in the first Section as long as such bonds or cer-
tificates of stock remain outstanding in their present form.
Bonds and Sec. 4. That said bonds and certificates of stock shall be signed
signed by the by the Governor, countersigned by the Comptroller General, and
ConTp" 70 n e r have the great seal of the State affixed thereto; the coupons shall
General. ^^ signed by the Treasurer, the name of the Treasurer being litho-

graphed or engraved thereon. That there shall be preserved in the
offices of the State Treasury and Secretary of Stiite a description of
the dates, amounts and time of issuing said bonds and certificates of

OF SOUTH CAROLINA. 521

stock ; and the bonds and certificates of stock so taken up shall he '^- '*• 1^^-

canceled by the Treasurer, and a list oi' their dates, numbers and ST'^^ „
II 1 -1 1 . • , Record of

amounts, and l)y \vnt)ni signed, recorded in the office of the .Secre- ')"n<l? to bo
„ <-, ko|)t.

tary ot ntate.

Sec. 5. That the said bonds and stocks shall bear interest at the Rate of in-
rate of six per cent, per annum, payable semi annually at the State
Treasury, and at such place in the city of New York as shall be
designated by the Financial Board of the State, on the first day of
January and July in each year, and shall be of such denominations
as may be most convenient, but of uniform design and appearance,
and shall be payable within twenty years from the passage of this when re-
Act, and shall be dated January 1st, 1874, and the first coupon '•«<*'"»'''"=•
shall fall due July 1, 1874; and all coupons upon the bonds and
the interest orders of said certificates of stock herein authorized to
be issued shall be received in payment of all taxes due the State
during the year in which they mature, except for tax levied for the
public schools; and the said coupon bonds and stocks shall at all Coupons re
times be exchangeable, the one for the other, upon application to taxes.* ^ ^^
the State Treasurer.

Sec. 0. That the faith, credit and funds of the State are hereby state pledged
solemnly pledged for the punctual payment of the interest and final lind'^'prrneipai
redemjjtion of the principal of said bonds and stocks and for pro- P"nft"'i">'-
viding a surplus fund for that purpose.

Sec. 7. That the fund so created shall be kept separate and apart Fund created
from all other funds, and shall be applied, first, to the payment of ;'ppiie*d tiM>ay-
the annually accruing interest upon the bonds and certificates of "i^'m J pHnei-
stock herein authorized; second, the surplus remaining in the Trea- '"'''
sury, after the payment of the said interest, shall be applied (on or
after the first day of July of each year) to the extinguishment of
the public debt, and to no other purpose.

Sec. 8. That the Governor, Treasurer, Comptroller General, Board of

/"ii • c ^\ r^ •»! IT i- ^1 o . 1 .1 Commissioners

i^nairman ot the Committee on rmance ot the Senate and the
Chairman of the Committee on Ways and Means of the House of
Representatives shall constitute a Board of Commissioners for the
management and control of the said surplus fund for the extin-
guishment of the public debt.

Sec. 9. That said Board shall give notice, by j)ublic advertise- i>„rcii.-iso of
raent, for thirty days prior to the first of September of each year, {"^"uludc!"" '"
that they have under their control the sum of dollars,

to be applied to the purchase of such bonds and stocks as may be
presented by the holders thereof for payment on the Istof Septem-
ber as aforesaid: Provided, That said bonds l)e purchased at a price Proviso,
not above their market value at the time of purchase, said value to
be ascertained at the principal stock markets of the United States,

522 STATUTES AT LARGE

A. D. 1ST3. \)y ijj,]^ from tlie holders thereof, due notice having been given ia
^ one or njore newspapers in the citie-; of Columbia, Charleston, Bal-

timore, Philadelphia, New York, Boston and Chicago, and the
stocks or bonds offered at the lowest price shall iu all cases be the
stock or bonds purchased.

Bonds nnii Sec. 10. That the bonds, coupons and stocks so redeemed shall

ciiiieeiea when be Immediately canceled by the holders thereof, at the time of re-
redeemed. , . 1 />! 1 • » ,T» r- I rr> II 1

uemption, and hied in the orhce ot the Ireasvirer, and be entered as

credits upon, and to that extent in the extinguishment of, the public

Statement of debt. That a detailed statement of the number, denomination and

luade to the Series of the bonds and stocks so redeemed and canceled, together

sembiy. * with the price paid for each bond and stock as aforesaid, shall be

prepared by the Treasurer, signed by the Board and furnished to

the General Assembly at each annual session thereof.

Bonds re- Qec. 11. That all bonds and stocks of the State received in ex-

ceived in ex-
change to be ehano;e for the bonds or stocks herein authorized shall be canceled

ciinceled a n d _ °

registry kept, immediately by the holders thereof, on presenting the same for
exchange, and filed by the Treasurer with the permanent records
of his office; and a correct registry shall be kept of all exchanges
made under this Act, so as to exhibit iu a separate account and con-
venient form the numbers and amounts of all bonds and stocks re-
ceived into the Treasurer's office, together with the numbers and
denominations of all bonds and stocks issued in exchange therefor.
And the Secretary cf State is hereby required to keep, at all times,
a correct registry of all the bonds sealed by him under the pro-
visions of this Act; and the Governor is, in like manner, hereby
required to keep a similar registry of all bonds signed by him, each
registry to be accessible for public inspection at all times.
Pon.iity for Sec. 12. That embezzlement or diversion of the said funds,

embezzlement

or diversion of whether directlv or indirectly, bv speculating in said bonds and
Stocks, or purchasing them at fictitious prices, are hereby declared
to be a felony, punishable by a fine of not more than fifty thousand
dollars nor less than five thousand dollars, and imprisonment for
not more than ten years nor less than one year in the Penitentiary,
proportionate to the amount embezzled or diverted ; and the person
or persons so offending shall be forever dis(]ualified from holding
any office of profit or trust iu this State, unless the General Assem-
bly shall, by a two-thirds vote, relieve him or them of such dis-
ability upon payment into the Treasury of double the amount so
embezzled or diverted.
Appropriation ^^^- ^^- That for the purpose of defraying the expenses to be iu-
penses?"* ^^ curred in carrying out the provisions of this Act, the sum of five
thousand dollars, if so much be necessary, is hereby appropriated,
to be drawn on the warrant of the Comptroller General, to be ap-

OF SOUTH CAROLINA. 523

proved by the Governor, for the first year, :u)d afterwards such sum '•^- ''• !'<"•'''•
as shiiU he fixed by law, and the said J>i)ard shall report to the '

General Assembly on or before December fifteenth how said fund
has been expended. '

Sec. 14. That if any officer of the State upon whom any duty Pmnity for
is devolved utider the provisions of this Act shall neglect or refuse lu-,,! to por-
to perforno said duty, he shall be subject to indictment for felony, JiXr th^s Act!
and, upon conviction thereof, shall be fined in a sum not less than
ten thousand nor more than twenty thousand dollars, and imprison-
ment in the Penitentiary not less than three nor more than five
years, at the discretion of the Court.

Approved December 22, 1873.

AN ACT TO Recharter White Hall Ferry in Beaufort No. 428.

County.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That the ferry
over Beaufort River leading from the town of Beaufort to Ladies' Ferry over
Island be, and the same is hereby, rechartered for the terra of ree'hiiricred.
seven years, the same to be vested in Peter Gibbs and Peter Mas-
sey. their heirs and assigns, with the following rates of toll, to wit:
WagcTu and two horses, one dollar and fifty cents; wagon and one
horse, one dollar ; man and horse, fifty cents; each foot passenger,
ten cents; and for cattle, hogs, sheep and goats, the same rates
heretofore allowed : Provided, That school teachers and children Proviso.,
going to and returning from school, ordained and licensed ministers
of the gospel going to and returning from divine service and
voters, on election days, going to and returning from the polls, shall
pass free.

Sec. 2. That the incorporators be required to keep a large, safe. Ferry bt.su to
seaworthy boat and flat to run on said ferry, and tiiat they be uip^s! '*^^«"''""
required to make regular trips from each side of the ferry at least
once every hour from six o'clock A. M. till 7 o'clock P. M., and on
Sundays every two hours.

Approved December 22, 1873.

524 STATUTES AT LARGE

A. D. \'*:x AN ACT to Amend an Act to Fix the Time for Holding of
■ the Circuit Courts in Certain Counties Herein Men-

No. 429. TioNEi), Relating to the County of Aiken,

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assenobly,
and by the authority of the same, That Section 2 of an Act to fix
the time for holding of the Circuit Courts in certain Counties
herein mentioned, passed February 4, ]873, be amended by strik-
*' First" in- ing out, on the fourth line, the word "second," and insert the \Yord
o7"*'s1;c<'.mlI''''" "first" therein, so that the same reads "after the first Monday of
January, May and September."

Approved December 22, 1873.

No. 430. AN ACT to Incorporate the Town of Laurens.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That from

Corporators. j^qJ after the passage of this Act, all citizens of this State, having
resided twelve months witliia this State and sixty days in the town
of Laurensville, shall be deemed, and are hereby declared to be. a
body politic and corporate, and shall be known by the name of the

Corporate town of Laurens, and its corporate limits shall extend one and one-
half miles North, South, East and West from the court house,
forming a square.

Officer?. Sec. 2. That the said town shall be governed by an Intendant

and four Wardens, who shall be citizens of the United States, and
who shall have resided in this State twelve months, and shall have
been residents of the said town sixty days immediately preceding
their election, and who shall be elected on the second Tuesday in
January, 1874, and on the same day in each year thereafter, ten
days' public notice thereof being previously given ; and that all

Electors. male inhabitants of the age of twenty-one years, citizens of the
United States, and who shall have resided within the S.tate twelve
months and in the said town sixty days immediately preceding the
election, shall be entitled to vote for said Liteudant and Wardens,
paupers and persons under disabilities for crime excepted.

Election. Sec. 3. That said election shall be held at some convenient pub-

lic place in said town from six o'clock iu the morning until six
o'clock in the afternoon; and when the polls shall be closed the

OF SOUTH CAROLINA. .V2.j

Managers shall forthwiih proci'cd to count the voles and declare the ••^- T'- '**'■>•
election, ami ;^ivc notice thereof, in writing, to the Intendunt therein
being, who shall, within two days thereafter, give notice, or cause
the same to be given, to the persons duly elected: Provided, The
Commissioners of Election of Luuren.s County shall call the first
election under this Act, and shall appoint Managers to conduct the Mamiffers of
same, who shall make return thereof to the Commissioners, the *-*'''""■
same as other elections held in this State; and the said Commis-
sioners shall count the votes and declare the election, and notify the
persons so elected Intendant and Wardens of the said town. The
Intendant and Wardens, before entering upon the duties of their
offices, shall, respectively, take the oath prescribed by the Constitu-
tion of the State, and also the following oath, to wit: "As Intend- Oath of office,
ant (or Warden) of the town of Laurens, I will equally and impar-
tially, to the best of my ability, exercise the trust reposed in me,
and will use my best endeavors to preserve the peace and carry into
effect, according to law, the purposes for which I have been elected:
So help me God." And if any person, upon being elected Intend-
ant or Ward(!n, shall refuse to act as such, he shall forfeit and pay
to the Council the sum of twenty dollars, for the use of the said
town : Provided, That no person who has attained the age of sixty
years shall be compelled to serve in either of said offices; nor shall
any other person be compelled to serve, either as Intendant or
Warden, more than one year in any term of three years. The In-
tendant and Wardens for the time being shall always appoint one
or more Hoards of Managers, three Managers for each Board, to
conduct the election, who, before they open the polls, shall take an
oath to fairly and impartially conduct the same.

Sec. -i. That all the powers, privileges and rights conferred upon, investdwiih
together with all the restrictions and penalties imposed upon, the eonfVrre.l" '\>n
town of Anderson by an Act entitled "An Act to renew and amend !-""""' An.Kr-
the charter of the town* of Anderson," approved ^larch 9, 1S71,
be, and the same are hereby, granted to and im{)osed upon the
Town Council of the town of Laurens.

Ap{)roved December 22, 187.'1.

AX ACT TO Altku xsu Amknd Section 25 or Chapter XXV, No. 431.
Title VI, Part I, of the General Statutes.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly, Wonl "frco-
and by the authority of the same, That wherever the word " free- In out Vh'cr-
holders" occurs in Section 25 of Chapter XXV, Title VI, Part I, «^" '' °^'--"'^'-

526 STATUTES AT LARGE

A. D. 1874. Qf i\]Q General Statutes, the said word " freeholders " be, and the
\T^ " same is hereby, stricken out, and the words " persons qualified by

Persons -' ' » '

qualified by law to serve as jurors " sul).>-tituted therefor.

law to serve as •'

jurors " substi-
tuted. Approved January 29. 1874.

No. 432. AN ACT to Require all Institt'tions Doing Businrss in
Lending Money and Receiving Deposit.? Under Charters
Granted by the State to Publish Quarterly Statements
OF their Business and Condition.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and b}^ the authority of the same. That all insti-
tutions doing business in this State in lending money and receiving
deposits under Acts of incorporation granted by the State be, and
they are hereby, required, under penalty of a forfeiture of their
charters, to publish in a newspaper in the city, town or village
where they, or any branch thereof, may do business, at the end of
every three months, a correct report of the condition and business
of such institution, which report shall contain a statement, under
oath, by the President or Cashier of such institution, of the amount
of the capital stock paid in, deposits, discounts, property and lia-
bilities of said institution, verified by three of the Directors thereof.

Sec. 2. Upon failure of any such institution to publish the report
required in the first Section hereof, the Attorney General, on notice
thereof, shall at once take the necessary steps to vacate the charter
of said institution.

Instituti 0 n s
lending money
;ind receiving
deposits to
make quarterly
stJitements of
their condi-
tion.

Statement to
be made under
oath.

Charters of
institutions
failing to com-
ply to be va-
cated.

Approved January 29, 1874.

No. 433. AN ACT to Incorpor.\te the Farmers' and Planters'
Saving and Loan Association of Hamburg, South Caro-
lina.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
Corporators. General Assembly, and by the authority of the same. That Samuel J.
Lee, Samuel Spencer, Louis Schiller, Prince R. Rivers, John Wil-
liams, C. D. Hayne, John S. Simms, John Gardner, and such other
persons as they may associate with them, their successors and as-

OF SOUTH CAROLINA. 527

signs, be, and tliey arc liereby, constituted a body corporate and -^- I^- ^'^~^-
politic, bv the name and stvle of the "Farmers' and Phmtcrs' T'

' • . . " . Corporate

Saving and Loan Association of Hamburg," and by their cor{)orate i'i""c.

name may sue and be sued, plead and be impleaded, in any Court

of competent jurisdiction in this State: Provided, That tiic stock- I'roviso.

holders of said corporation shall be liable to the amount of their

respective share or shares of stock in said corporation for all its

debts and liabilities upon note, bill or otherwise: And, further, No

Director or other officer of said corporation shall borrow any omcers (.;■

money from said corporation ; and if any Director, or other officer, not lo ijorrov.'

shall be convicted, upon indictment, of directly or indirectly violat- same.

ing this Section, he shall be punished by fine or imprisonment, at Violation of

the discretion of the Court. The books and accounts of said corpora- puni-hTbie'Tjy

tion shall be open to inspection, under such regulations as may be pi'i'sonnK.iii"'

prescribed by law.

Sec. 2. That the said corporation shall have power and authority powers an.l
to make such rules and by-laws for its government as are not i-e- i"''^'''-'^'^'^-
pugnant to the laws of the land ; shall have a common seal, with
power to change the same at will, and have such numbers and suc-
cession of members and officers as shall be ordained and chosen
according to their said rules and by-laws made or to be made by
them.

Sec. 3. Tl\at the capital stock of said association shall be five capital stock.
hundred shares, or twenty-five thousand dollars, ($25,000,) each share
to be fifty dollars, with the privilege of increasing the same to any
amount not exceeding one hundred thousand dollars, to be divided
as above stated in shares of fifty dollars.

Sec. 4. That the said association shall be ready for business When may
when a sufficient number of shares have been taken, by paying one- Wiue"*.*^
fourth of each share, to the amount of five thousand dollars in cash^
The association shall organize by electing one of their number
President, one Secretary, and one Treasurer, and such number
of Directors, not exceeding nine, and other officers as they mg^y
deem necessary. At such election each share shall have one
vote.

Sec. 5. The office or place of business of the association shall be Office to be
in the town of Hamburg. The capital of the association shall be used liambui^g.
to aid farmers and planters by advances of moneys or means- to Objoctsof
make their crops, and for such other purposes as they may deem *■"*' '^'*'^'* '""•
proper and expedient, and shall take such securities as will make it
safe to them.

Sico. 6. The said association may own, have, hold and enjoy real
and personal property of all kinds, sell, alien, assign, transfer or
dispose of the same at such time and on such terms as may to them
35

:y>8 STATUTES AT LARGE

seem proper: Provided, No real estate shall be disposed of ouly by
the consent of a majority of the Board of Directors.

Sec. 7. That this association shall have all the rights and privi-
leges vested in like corporations in this State to do and carry on
such business as they shall deem to the interest of the shareholders.
They shall, after ten days' notice by the officers, have a right to
make such additional assessment on the shareholders as may be
necessary to carry on the business.

Sec. 8. This Act shall be deemed a public Act and remain in
force until repealed.

Approved January 29, 1874.

No. 434. AN ACT to Incorporate the Clarendon Agricultural and
Progressive Association of Clarendon County, South
Carolina.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That J. M.
Corporators. Benton, W. M. Dixon, June Walker, Edwin Bcrlrand, A. Collins,
Rushus Servance, Thomas Pendergrass, Ellison Thomas, Jacob Bal-
lard and Levander Servance, and their successors in office and
associates, be, and they are hereby, declared a body politic and cor-
Corporaie porate, under the name and style of the Clarendon Agricultural
and Progressive Association of Clarendon County, South Carolina,
Capital stock, with a capital stock not to exceed twenty-five thousand dollars, in
shares of twenty-five dollars each.
Powers ami Sec. 2. That Said corporation is hereby empowered to have and

privileges". i i i " . , 111

to use a common seal and the same to alter at pleasure; to hold
real and personal property, whether acquired by gift, devise or pur-
chase, and the same, or any part thereof, to alien, sell or transfer;
to adopt such constitution and pass such by-laws, not inconsistent
with the laws of the land, as may, in the opinion of the members
of said corporation, appear best calculated to promote the aims and
objects thereof; to sue and be sued, plead and be impleaded, in any
Court of competent jurisdiction ; and to have all other rights, privi-
leges and immunities that are now secured by law to corporate
bodies.

Sec. 3. That this Act be deemed a public Act and shall have
force until repealed.

Approved January 29, 1874.

OF SOUTH CAROLINA. 529

AN ACT TO Incohi'ou.vtk tfik I'kk Dee Youno Men's ^- ^- '''"^•

Plantin(; Clujj. .^I! ''TTT

No. 43o.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
(leneral Assembly, and by the authority cf the same, That Sam Cori><>riitorg.
Bolles, Philander Reed, Charles H. Sperry, James A. Bowley and
C. S. Green, and their associates and successors, be, and the same
are hereby, incorporated and declared a body politic and corporate, Corporate
under the name and style of the Pee Dee Young Men's Planting
Club.

Sec. '2. And said corporation shall have power to make by-laws, powers and
not repugnant to the laws of the land, and shall have succession of '"■'^■''*^■^^*•
ofHcers and members according to their elections; to use and keep
a common seal, and the same at will to alter ; to sue and be sued in
any Court of this State; to have and enjoy every right and privi-
lege incident to such corporation ; and it is herel^y empowered to
acquire, retain and enjoy all such property, real and personal, not Amount of
exceeding in value twenty-five thousand dollars, as may be given or no°''to%xy l^.j}
betiueathed to or purchased by it, and to sell, convey or mortgage *^^"'-''^-'-
the same or any part thereof at will.

Sec. 3. That this Act shall be deemed and taken to be a public
Act and shall continue in force until repealed.

Approved January 29, 1874.

AN ACT TO Empower Coroners to Punish for Contempt. No. 436.

,. c • r • 1 I -1 • • • • ^ i.L f. punisli tor con-

proceedings ot a jury or inquest while inquiring into the cause or tcmi. t. ami
any death, or shall offer any contempt to the person or authority of o'rAo jaii.'
the Coroner while so engaged, the Coroner is hereby empowered
to commit such person or persons to the common jail of the County
for a time not exceeding twenty-four hours.

Sec. 2. That any person who shall have been at any time duly
summoned to attend and serve upon a Coroner's jury who shall Por.«ons rc-

I n' 11 .1 111 '"•'""•^ <" "tTVO

neglect or reluse to so attend and serve without proper excuseshail on droner's

1 !• I 1 1 -lie 1 1 Vi • I I •'"'"•''' P""'!''"'"

be liable to be pumsiied lor contempt; and the Coroner is hereby Mo by tine or

I • 1 , , -11 1 ,- iiiil>risonnient.

autnorizecl and empowered to punish suc'i contempt by nne not ex-
ceeding twenty dollars, or imprisonment not more than twenty-four
hours, or both, at his discretion.
Approved January 29, 1874.

o30 STATUTES AT LARGE

No. 437,

A. D. i><r4. A^ ACT TO Charter the Boatmen's Phosphate River
Mining Company, in the State of South Carolina, and
TO Grant to the Persons Named Therein, and Their
Associates, the Right to Dig and Mine in the Beds of
the Navigable Streams and Waters of the State of
South Carolina for Phosphate Rocks and Phosphatic
Deposits.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That the
State of South Carolina does hereby give and grant to the folhjwing
Corporator?, persons, to wit, William T. Elfe, S B. Garrett, Sancho Thompson,
Lemuel Marshall, John X. Furman, Prince F. Stevens, July
Rivers, Johu M. Freeman, Jr.. Thomas Osborn,and such other per-
Certain rights SOUS as they may associate with them, the right to dig, mine and re-
move, for the full term of thirty years, from the beds of the navigable
streams and waters within the jurisdiction of the State of South
Carolina, the phosphate rocks and phosphatic deposits: Provided,
Not to ob- That the persons named, and their associates, shall not in any way
i'gable^st'reams interfere with the free navigation of the navigable streams and
theSuTte!'^ " waters of this State, or the private rights of any citizen or citizens
residing upon or owning the lauds upon the banks of the said
navigable rivers and waters of the State.

Sec. 2. That this gift and grant is made upon the express condi-
(irantees to tion that the said grantees shall pay to the State of South Carolina

pay to State , r. i n /• /• i i i i

one dollar for the sum ot one dollar per ton tor every ton ot phosphate rock ami

phosphates phosphatic deposits dug, mined and removed from the navigable

"^' rivers and waters of the State; and, further, that the said grantee.-^

shall pay into the State Treasury the sura of one hundred dollars

as a license fee before commencing business under this grant.

Sec. 3. That the said grantees and their associates shall make

Return? to be true and faithful returns to an authorized officer, aunuallv, on or

made to an au- ,« /. /~.i i/. -c -il'i -j

thorized officer before the first day of October, and ottener ir required by the said
officer, of the number of tons of phosphate rocks and phosphatic
deposits dug, mined and removed by them from the beds ot the
navigable streams and waters of the State, and shall punctually pay
Royalty to be to the State Treasurer annually, on the first day of October, one
ufbcr*'of^eVery dollar per ton for every ton of phosphate rocks and phosphatic de-
^^^'' posits by them dug, mined and removed from the beds of the navi-

gable streams and waters of the State during the year preceding.
Book? of cor- The books of said grantees and their associates shall be opened to

poration to be . . • , n. . j i • ,. j i i •

open for in- the inspection of the said officer or agent duly appointed by iiira
Ihorizcd age^n". for that purpose ; and they shall give a bond in the penal sum of

OF SOUTH CAROLINA 531

($">,000) five thousand dollars, conditioned that said grantees and A. D. 1874.
their a.ssociates shall make true and correct returns of all uhosphate.s " '/ '

■ lionil to Ixr

<iti^ by them, said bond to be filed in the office of the Ccjmptroller <fiv<-n for tlu?

jxTlormiince of
General. d- r t ;i i n rc-

I rr« I ■ ^ \ n • 1 i ii • „ 'juircincnU.

hKc. 4. ihat tlie capital stock of said company shall consist of
thirty thousand (.'>0,000) dollars, to be divided into shares of ten Capitalstock.
dollars each, with the privilege of increasing the same to an amount
not e.Kceeding one hundred thousand dollars; and when the sum of
three thousand dollars shall have been subscribed, the said company
may be organiy.ed and go into operation.

Skc. 3. That the profits of said company may from time to time proiiu to be
be divided among the stockholders, according to such rules and Stockholders."^'
regulations as they may prescribe, not repugnant to the laws of the
State.

Approved January 29, 1874.

AN ACT TO Amesd a Joint Resolution Authorizing thr No. 438.
County Commissioners of Beaufort County to Levy a.
Special Tax, Approved February 26, 1873.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That Section
3 of a Joint Resolution authorizing the County Commissioners of
}>eaufort County to levy a special tax, approved February 2'), 1873,
hii, and the same is hereby, amended by striking out all after the words
'dutv of the Treasurer," and insert the following: " To report the Trensurcr to

• ,. 11 * J r »i • » .1 II *i * report ainuuiU

amount o( money collected troin this tax, the same as all other taxes ,>r mom-y coi-
are reported, to the County C'onimissiouers ; and whenever one thou- ty*^ Com mis-
sand dollars are reported in the treasury the County Commission- *'*"'"'^-"
ers shall a<lvertise for thirty days for sealed bids from parties hold-
ing checks or audited claims contracted prior to November 1, 1><72 ;
said bids shall be opened at a regular meeting of the Board, and
they shall draw orders on the Treasurer f\)r parties who will offer count v Com -
the largest per centum discount on their checks or autiited claims." '["'i^v „" jers on

Sec. 2. All Acts or parts of Acts inconsistent with this Act are ''"'■««•''"'■•"■•
hereby repealed.

Approved January 20, 1S74.

532 STATUTES AT LARGE

A. D. isTi. AN ACT TO Provide for the Payment of the Claims Herein

':;^ '7!^^ Named.

No. 439.

thousiind del- , , • , , • , . i

lars approj.ri- be necessary, be, and the same is hereby, appropriated for the pay-
claims of P. F. ment of the following claims in the hands of one Phineas F. Frazee,
Description who owns and holds the same, to wit: One bill payable or certificate
of the late State Treasurer, No. 1, bearing date March 13, 1872, for
twenty-five hundred (2,500) dollars; one bill payable or certificate
of the late State Treasurer, No. 9, bearing date March 14, 1872,
for twenty-five hundred and seventy-three four one-hundredths
(2,573.04) dollars; one bill payable or certificate of the late State
Treasurer, No. 27. bearing date March 18, 1872, for five thousand
and forty-one sixty one-hundredths (5,041.60) dollars; one bill
payable or certificate of the late State Treasurer, No. 273, bearing
date March 18, 1872, for six thousand (6,000) dollars, all of which
said bills payable or certificates of the late State Treasurer were
issued under and pursuant to the provisions of the Joint Resolution
of March 12, 1872; together with the interest on said bills payable
or certificates of the late State Treasurer, at the rate of seven per
cent, per annum; and also for the payment of legislative pay cer-
tificates issued to, and drawn in favor of, members and attachees of
the General Assembly for the year 1871-72, not exceeding in
amount the sum of five hundred dollars.

Sec. 2. That the Comptroller General of the State be, and he is

Comptroller hereby, authorized and required, on presentation and the surrender

d'raw warrant of the claims enumerated in the preceding Section of this Act, to

on State Trea- ji- . ^ ■ , .11 •.•

surer. draw his warrant or warrants, in such amounts and denominations

as the claimant may desire, upon the State Treasurer, for the pay-
ment of the said claims so presented and surrendered ; and he shall
Claims to be Cancel the said claims so presented and surrendered, and preserve

canceled andj^i., -l-ze i- 1 c \ • ■.

filed. and nie them in his ornce as his vouchers for his warrant or war-

rants so issued.
State Trea- Sec. 3. That the State Treasurer be, and he is hereby, authorized

.=urer directed . 1 /-, n /-

to pay war- and required to pay. the Comptroller General 3 warrant or warrants
issued under and pursuant to the provisions of SJection 2 of this
Act.

Approved January 29, 1874.

OF SOUTH CAROLINA. 5;{3

AN ACT TO AuTiioRi/K John Eidkk Oiii.andt to Build a '^- '•• i'^''-

Dock and Coli.kct Wharfage in tiik Town or Bkau- ,^; ' "~^

ISO. 440.
fort.

Be it enacted by the Senate atid House of Representatives of the
State of South Carolina, now met and sitting ia General A:;senil)ly,
and by the authority of the same, That John Eider Ohlaudt be, John Eider
and is hereby, authorized to build a dock to deep water iu front of huiiii"" dock
the property owned by him iu the town of Beaufort; to collect wh a r "up e^iii
wharfage on the same, and to use, sell or lease said dock for his liiuufJi-t!" "'
own benefit, subject to any laws now existing or hereafter to be
made in relation to such property.

Approved February G, 1874.

AN ACT Providino for the Extension of Time for the No, 441.
THE Payment and Collection of Taxes for the Fiscal
Year Commencing November 1st, 1873, and for Other
Purposes.

Whereas delay in the levy of certain taxes to meet appropria-
tions for the fiscal j'ear commencing November 1st, 1873, lias con- PrcnmbK-.
tinued beyond the time prescribed by law for the commencement
of the collectiou of the same, and the time for the payment of said
taxes before penalties must attach having already passed ;

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembl}',
and by the authority of the same. That if any of the duties
required to be performed in an Act entitled "An Act j)roviding
for the assessment an<l taxation of property," or an Act of amend-
ment thereto, on or before a certain day, by any officer or person
therein named, cannot, for want of proper time, be so performed,
in the payment or collection of taxes to be levied to meet appro-
priation lor the fiscal year commencing N(n-einl)er 1, 1^7."), the
Comptroller General, with the approval of the Governor, shall Conipirollcr
exti'iiil the time as long as may be necessary therefor. And it shall (iMnnior " "'.
be lawful for the said Comptroller General, with the like api)roval, l.fr \"iieci'i*"ii
to extend the time wherein the penalty or penalties shall attach, and "„ic*".Vdei'ui-
also the time when the advertisement and sale of such delinquent '""'"' '""'''''•
lands may be made, so as the same may conform to, as near as may
be, the period fixed by law; and all advertisements an<l sales made
iu accordance with the instructions of the said Comptroller General,

534 STATUTES AT LARGE

A. 1). isTJ. and all acts done, or required to be done, by any officer charged
with any duties required in the collection of taxes or connected
therewith by virtue of such authority, shall be in all respects as
legal, and shall have the same force and effect, as if the said acts
had been .done and the duties performed within the period now-
fixed and specified by law.

Approved February fi, 1874.

No. 442. AN ACT to Amend an Act Entitled "An Act to Regulate
TH1-: Appointment and Salary of Trial Justices in the
City of Charleston."

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now naet and sitting in
Act torepru- General Assembly, and by the authority of the sanae, That an Act
mcnt ot Trial entitled "An Act to regulate the appointment and salary of Trial
ijh'iiri estou Justiccs in the city of Charleston" be amended as follows: In Section
'cenain worfis 1, Huc five, (5,) Strike out the word "five" and insert "eight." In
.ut'and others Section 2, on line five, (5,) strike out all after the svord " Governor"
jnser e . ^^^ insert the following: "One to each ward, and each of the said

Trial Justices shall have his office in the ward in which be is
appointed." In Section o, on Hue three, (8,) strike out "twelve"
and insert "ten (10)."
County Trea- Sec. 2, That the County Treasurer of Charleston be, and he

Mirer to s e t . . '' ,

iside sufficitnt is hereby, instructed to set aside annually out of the Countv funds

money to pay «•• i- f \ rf • '-ij

salaries. a sum sufhcient to pay the salaries of the officers herein provided.

Failure of and failure on the part of the said Treasurer to comply with the

Trciisurcr t o

■ oinpiy a mis- requirements of this Section shall be considered a misdemeanor,

ilcmennor. , i r- i • i i n i /> • • i

the penalty lor which shall be fine or imprisonment, as may be
deemed best in the judgment of the Circuit Court.

Approved February 6, 1874.

No. 44;]. AN ACT to Incorporate the Hamburg Warehouse

Company.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
Corporators. General Assembly, and by theauthority of thesame,That P.R.River8,
Louis Schiller, C. D. Hayne, John Williams, Samuel Spencer, John
Gardner, and their associates and successors, are hereby created

OF SOUTH CAROLINA. 535

and constituted a body politic juid corporate, under tlie name and ^- ^- 1874.
stylo of the Hanihurir Warehouse Company, and Ijy that name may ~^, '' '
sue and be sued in all the Courts of this State; shall have a com- namo.
mon seal, with power to change the same at pleasure; to make such Power.-* an. I
rules and by-laws lor tneir government as may seem to them proper,
not inconsistent with the laws of the land, and for the government
of its property, franchises and business; to acquire, have, hold, lease
and convey real and personal property to any amount not exceed-
ing fifty thousand (50,()U0j dollars at one time.

Skc. 2. Said corporation shall be authorized to either purchase,
take upon storage or deposits any description of property ; to make
loans on property, and to take such securities, real and personal,
therefor as to them may seem proper and safe: Provided, That Proviso,
nothing herein contained shall authorize said corporation to
engage in or exercise the business common 'y known as "pawn-
broking."

Seu. o. The ca|)ital stock shall be twenty thousand (20,000) Caj.itai :<iock.
dollars, with power to increase the same to one hundred thousand
(100,000) dollars, to be issued in shares of fifty (50) dollars each,
such shares to l)e personal property and be transferable only upon Corporation
the books of the corporation; and said corporation shall be author- j^u^hK"Js"wben
ized to commence business when ten per cent, of the capital shall clipiuTlTo'lk'i'
have been paid in: Provided, That the stockholders of the com- '*''i;'(',".j:i,f,i,i^.r<
pany shall be lial)le to the amount of their respective share or fi*'y|J|^^ j,'/'|j,j'i.,',"!;
shares of stock in said company ibr its debts and liabilities upon '""''**"•■
note or otherwise.

Siic. 4. The property and business of the said corporation shall , Business to

1 1 1 1 1 T-. 1 n rn • n be c o n d II cteJ

1)3 managed and controlled by a Board of Trustees, to consist of not ''V isonrd oi"

, Trustees.

less than three nor more than five, who shall be chosen by u ma-
jority in interest of the stockholders at such times and places, and
for such term, not less than one year, as shall be fixed by the
by-laws of the corporation, and who shall hold their office until
their successors are elected and qualified. Those elected shall choose
one of their number as Chairman, one as Secretary, one as Trea- Certain ner-

. s o n .•< nutlior-

surer. The first four named incorporators are hereby authorized to iz>>d to reieive

... , . , 1 ,. • , suliseriptions

receive subscriptions to the capital stock or said company at any to eapitui

J 1 1 1 1- • I • stock.

time and place they may deem expedient, or to appoint other suit-
able persons to do so.

Sicc. 5. This Act shall take elFect immediatelv and remain in ^Vll,■n to take
lorce until repealed.

Approved February 12, 1874.

536 STATUTES AT LARGE

A. D. 18T4. AN ACT TO Incorporate the Planters' Republican Society

^~"~^ OF St. Helena Island, Beaufort County.

No. 444.

Section 1. Be il enacted by the Senate and House of Represent-
atives of the State of South Carolina, now met and sitting in Gene-
Coriorators. ral Assembly, and by the authority of the same. That Hastings
Gantt, Joseph i^inl, Toby Bias, Plato Fields, Moses Brown, Harry
Jenkins, Toby Brown, Benjamin Day, and their associates and suc-
cessors, be, and they are hereby, constituted a body corporate and
Corporate politic, under the name of "The Planters' Republican Society of
St. Helena Island, Beaufort County," with the right to hold and
Powers and qwu property not exceeding in value the sum of ten thousand dul-
lars, with the right to sue and be sued, to plead and be impleaded,
in any Court of competent jurisdiction; to have and use a common
seal, and the same to alter at will and pleasure, with the right also
to make such by-laws for the government of the said corporation
not inconsistent with the laws of the land.
Made a pub- Sec. 2. This Act shall be deemed a public Act and shall remain
in force until repealed.

Approved February 12, 1874.

lie Act.

No. 445. AN ACT to Incorporate the Beaufort County Agricul-
tural and Mechanical Association.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and silting in
Corporators. General Assembly, and by the authority of the same. That Robert
Smalls, P. L. Wiggins, Samuel Green," W. Kressel, F. W. Sheper,
S. W. Wallace, J. B. Bascomb, J. H. Ruddell,C. J. C.lcock, R. L.
Bostick, E. J. Ravenah, J. W. Collins, William Fields, R. F.
Greaves, Dr. Paul Pritchard, John M. Harvey, Hastings Gantt and
J. A. J. Gill, and their associates and successors, be, and they are
hereby declared to be, a body corporate and politic in law, by the
Corporate name of the "Beaufort County Agricultural and Mechanical Asso-
elation," and by said name shall have perpetual succession of
officers and members, and a common seal, with power to change the
same as often as the said corporation shall deem expedient; and the
Powers and said corporation shall be liable and capable in law to purchase,

privileges. ' 1 • • ir. J •

have, hold, receive, enjoy, possess and retain to itself and its succes-
May hold jsors, in pernetuitv, anv and everv estate, real or personal, whether

real cstJite to ' ' ' - - - . '

amount o f accruins to the same by cift, purchase, devise or convevance, not

$•50,000. ° , J o ' I

exceeding in value fifty thousand dollars, and the same, or any part

OF SOUTH CAROLINA. 537

thereof, to sell, alien, <U'vise or exchange a.s often as the said corpo- '^- 'f^- ^''^^•
ration may deoni proper; and liy its natne to sue and i)e sued, im- "^'^'
j)iead and he impk'a(U>d, answer an<l be answered, in any Court in
this State; and to make suc-h hydaws and iiih-s for tlic j^ovc-rnmunt
ot" said corporation as may from time to time t)e (h'cmcd necessary:
Provided, Sucli hydaws and rules be not repugnant to the laws of Proviso,
the land: Provided, further. That the real and personal property C..riM.nitor.-<

' •' ' ' ' ' •' to be liiiblf tor

of each corporator shall be liable for the debts of said corporation .iibusof torpo-
or assigns in any amount not exceeding the par value or the stock
lield by them.

Sec. 2. That the principal end of said corporation shall be the ubjeetofcor-
promotion of agriculture, niechauical arts and other industry and
ingenuity through an annual fair, to be held in the said County of
Beaufort, and ether appropriate measures, according to such rules
and regulations as they may see fit to establish.

Sec. 3. The members of said corporation shall be severally liable
for all debts and contracts of said corporation only to the extent
and amount of their respective shares therein ; and the capital stock Cai)itai stock,
of the said corporation shall not be less than five thousand dollars
nor more than fifty thousand.

Sec. 4. That the property and stock of the said corporation shall ^ To be exempt

i- IT J >■ from taxation

he exempt from State, County and municipal taxation so long as "iiiie no diyi-

' 'J I ° ilcMids aro dc-

no dividemls shall be declared and distributed among its members, eiarud.

Sec. 5. This Act shall be deemed a public Act and shall con-
tinue in force for twenty-one years.

Approved February 12, 1M4.

AN ACT TO Amend an Act to Fix the Time fou the Hold- No. 446.
iNG or the Circuit Courts in Certain Counties Therein
Mentioned, Kelatinc to the County oi-^ Hoimiy, Aimmioved
FEiuiUAKY 4, l-ST;].

Be it enacted by the Si-iiate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That Section three (o) of an
Act entitled "An Act to fix the time for the holding of the Cir-
cuit Courts in certain Counties therein mentioned," relating to the
County of Horry, ap|)roved February fourth, (4,"( 1873, be, and
is hereby, amemled as follows: "The Court of General Sessions at Courts— time

" r. , /- ^ TT 1 ■ >r 1 i- "^ holding in

Conwavboro, for the County ot Horrv, on the first Mondav alter Horry County.

538 STATUTES AT LARGE

A. D. 1874. tiie fourth Monday of Februar}', June aud October; and the Court
' '^ of Coninioii Pleas at Conwayboro, for the County of Ilorry, on the
first Wednesday after the fir:5l Muiiday after the fourth Monday of
February, June and October."

Approved February 12, 1874.

No. 447. AN ACT to Incorporate Certain Benevolent Societies in

Beaufort County.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in

Corporators. General Assembly, and by the authority of the same, That Brister
Baker, Richard Washington, Jr., Walley Green, A. R. Middleton,
John Houston, E. D. Lopez, Samuel Malijer, Gabriel Parker, their
associates and successors, be, and they are hereby, made aud created
a body corporate and politic, in deed and in law, by the name and
Corporate style of the " Benevoleut Society of the Tabernacle Church of
Beaufort," with all rights and privileges incident to corporations

Corporators, under the laws of this State ; and that Peter Deas, Precilla Bird,
Cateline Green, Chance Smith, Samuel Green, Dianah Jenkins,
their associates and successors, be, aud they are hereby, made and
created a body corporate and politic, in deed and in law, by the
Corporate name aud style of the "Ladies and Gentlemen of Charity Society
of Lady Island," with all the rights and privileges incident to cor-

Corporators. poratious uudcr the laws of this State; and that William Mathews,
Mingo Faultain, Peter Washington, B. F. Young, and their asso-
ciates aud successors, be, and they are hereby, made and created a
body corporate and politic, in deed and law, by the name aud style

Corporate of the "Christian Hope Society of Paris Island," wiili all the
name. . ....

right.s and privileges incident to such corporations under the laws

of this State.

Sec. 2. That the said corporations shall have, hold and enjoy all

Powers and such real and personal property as they may acquire by gift, grant,

privileges. \ . ^ ^ ,. / r , ^ .

purchase or otherwise, not exceeding in value the sum ot ten thou-
sand dollars; that they may have and use a common seal, the same
to be altered at pleasure.

Sec. 3. This Act shall be deemed a public Act and continue of
force until rcjiealed.

Approved February 12, 1874.

OF SOUTH CAROLINA. o39

AN ACT TO Providr foii tiii: Redemption of Forfeited a. d. 1874.

Lands Upon Cehtain Conditions Titkhkin Mentioned. .TI ' T^

No. 448.

Section 1. Be it enacted l)y the Senate and IIou^c of Repre-

peutatives ot" the State of South Carolina, now met and sitting in

General Assembly, and by the authority of the same, That in all

cases where lands have been forfeited to the State by virtue of exist- , Forft-iied

hin'H may be

incr laws f()r the non-pavment of taxes Drior to the passage of this r eci i-eint<l on

. ' ., , , ".,, .... curtain tondi-

Act, and where the titles to said lands still remain m this State, the tion.".
owners of said lands, or, if they be dead, their legal re[)resontative3
or heirsat-law, shall have the right, and they are hereby authorized,
to redeem the same upon the payment of all taxes, costs and penal-
ties due and owing upon the same within twelve months after the Time for rc-
ratihcation of this Act; and the County Auditors of those Counties
where such lands are situate, upon the payment of such taxes, costs When re-

1 , . ... , . , . 1- • 1 1 11 1 deemed Coun-

and penalties withm the tune herein limited, shall expunge the ty Auditors to

.,,,,. ,1 f. /■ • 1 1 1 1 /. 1 • • /-, cxpunpe from

saifl lands irom the lorleited laud records or their respective Couu- forfeited land

record.

ties: Provided, That if the owners of said lands, or, if they be dead. Proviso,
their heirs-at-law or legal representatives, shall fail, within the
time limited, to redeem said forfeited lands, as hereinbefore pre-
scribed, then any judgment creditor, mortgagee or other person in- Any person

i 1 • • 1 1 1 • 1 1 1 • 1 1 1 • ^ n i n t e r e stod in

terested in said lauds is hereby authorized to redeem the said for- lands may rc-
feited lands within three months after the expiration of the time
limited for the owner or heirs of such person to redeem them, upon
the same terms and with the same rights as are accorded in the
provisions of this Act to owners, or, if they be dead, their legal
heirs or representatives.

Sec. 2. That it shall be the duty of the County Auditor of each
Couritv, after the time shall have expired provided in this Act for County Aud-
the reuemption ot lands which have been lortcited to the State tor notice of sale

.. . . ... , „ , , of forfeited

non-paynicnt or taxes, to give notice or the sale or the same by lands,
advertisement in at least one newspaper of the County in which the
lands arc situated for thirty days prior to the sale, or, if there be no
newspaper in the County, in one which has the largest circulation
in said County at the time of such sale. The said lands shall not Lands not to
be sold at a price less than the assessed value of the same at the than asse^se.i
time they became forfeited to the State; one-third of the purchase PuVchn so
money to lie paid down, and the balance, with interest, in two annual pLyahio.'
installments: Provided, liowever, If any person elects to pay the full
amount of the purchase money at once he can do so.

Sec. 3. That all moneys accruing under the provisions of this Moneys nc-

».,.,,,,,. „ 1.. .. <TuinK in ex-

Act Which shall be in excess ot taxes, penalties, interest or claims cess of taxes,
upon the lands due the State shall be set apart and retained in the to i. ,• us'ed
hands of the County Treasurer as a school fund for the Countv in lu.se's. "

540 STATUTES AT LARGE

A. D. U7i. which the forfeited hinds have been sokl; the said Cund t(j be used
^ for educational purposes only, to be appropriated according to the

existing laws of this State.

Sec. 4. That after the purchase money shall have been fully

paid, together with the interest thereon, the Governor is authorized

Piitt-nts to he and required to cause a patent or patents to be issued to any such

issued to bona i i i /. i i

yiiV/e purchasers, person as may be the bona fide purchaser, owner, assignee or trans-
feree of such lands or tenements, under and by virtue of any certifi-
cates of sales, or under and by virtue of any assignment or transfer
of such certificate : Provided, That in case of an assignment or
transfer of a certificate of sale, the person applying for such patent
shall give satisfactory proof to the County I'reasurer of the pre-
ceding transfers and assignments.

Sec. 5. That the County Treasurer of each County shall, on or
County Trea- before December 15 of each year, report to the General Assembly

surers to m.'tke ,,,, ,, , , .. n i • a i -o 'r>

detailed report all lauds sold Under the provisions or this Act, the certificates ot
Assembly. ' Sale issued, and the terms as well as the amount of each sale, and
the disposition of the funds so derived.

Sec. <j. All moneys accruing to the State under the provisions

Moneys ac- of this Act, cxccpt as provided for in Section 3, for the school

State— how to fuud shall be paid over and accounted for in the same manner as

be accounted . i p .

iv.r. money received lor taxes.

Sec. 7, That all Acts or parts of Acts inconsistent with this Act
be, and the same are hereby, repealed.

Approved February 13, 1874.

No. 449. AN ACT to Amend an Act Entitled "An Act to Incor-
porate THE Si'ARTANBURG AND AsiIEVILLE KaILUOAD CoM-
TANY."

cities or towns . . , . ^ . ^ ■ t • f'lc

inuy subscribe towu or City in this State interested in the construction or the Spar-
to capital stock , iii.,i-i-..i i-oi/^i- 1 1
tanburg and Ashevule Railroad in South Carolina, or auy branch

thereof, to subscribe to the capital stock of said company, or of any

company with which it may consolidate or unite, such sura, and to

be })ayable in such manner, as the people or the proper authorities

of such County, towu or city shall deem best, determine and author-

OF SOUTH CAROLINA. o41

ize: Provided, Tliut tlic anioiiiit ol" stock to he Hiiljscrihcd AmU not •^- '•• •'''■'•

exc'fod five i)er cent, of the entire valuation of the entire propertv ^ '^ .

. I I J Amount of

of the County, town or city Hosul)senbiiiK : Provided, further. That '*''"'' ••■ui.Mrib-

1 / . • ' I 1 • I . ■ . ed mil si not

(he ( ouiily, city or town sul)scTil)inL% under tlir provisions of this '■'"^'•' J ''^■<^' pt'""
, , r , I ,. 1 -1 ■ , 1 1111 c (• 11 t . <i t t h 0

Act, to the ca[)ital .stoelc or the said railroatl company Hliall have valu.; of tin-

1 1 • I /-I • ,. 1 1 . . , ., property of lli(!

i!;.sued to the said County, city or town prelerred stock in said rail- Comity, .'ity or
road company to the amount of said subscription.

Sec. 2. That it shall be the duty of the County Commissioners of
such County, for their respective Counties, and the proper au-
thorities of such town or city, for their respective towns and cities,
interested in the construction of the road aforesaid, upon the peti-
tion of one hundred legal voters of such County, or twenty-five
legal voters of such town or city, to submit the question of sub- Que.-'tion of
scription or no subscription, and the sum or sums to be subscribed "bcMiijniitti-dto
to the said capital stock, to a vote of the qualified voters of such
County, town or city, and to that end public notice shall be given Notice to be
for thirty days previous of the time and places where and when the time and places
vote will be taken upon said question of subscription or no sub- *^ \oing.
scription.

Src. 8. That the County Commissioners of such Counties and the
proper authorities of the several cities and towns which may vote
for subscription to the capital stock aforesaid be empowered, as
soon as the said railroad company shall have complied with the
terms of subscription, to have levied and collected from year to Tnx to be

, , , f 1 r~i • levied to meet

year, on the taxable property or such County, town or city, a sum interest aeeru-

" ,. n' ■ . . . •I • . X • III ins on bonds.

or money suHicient to meet the interest accruing on such bonds as
may be issued to meet such subscription to the capital stock of the
said Spartanburg and Asheville Railroad Company, and to provide
for the payment of said bonds as they may fall due.

Sec. 4. That no stockholder of said com[>any shall be held liable sIimII not be lia"-
for the debts, contracts or acts of said corporation beyond the .iobts\.f t he
amounts actually subscribed to the capital stock of said company bey'.Vn'.i' t'h e

K„ I » 1 1 u II m o II n t o f

by such stockholder. stock owned.

Sec. 5. That the election to be ordered under the provisions of
this amendment shall be held by Managers to be appointed bv the ManoKers of

/I . /, • . ,. , " • ^, . 1 " , Eleition— by

County Commissioners ot the respective Counties, or the town and w b o m a i-

• .',..,.,. . , . . . , pointed.

City authorities ot tiicir respective towns and cities, in accordance

with the laws and regulations providing for general elections in this

State: Prodded, The returns of the polls shall be made to the said Trovbo.

County Commissioners or proper town or city authorities?, as the

case may be, who shall declare the result.

Approved February 13, 1874.

542 STATUTES AT LARGE

A. i». 1^74. AN ACT TO Incoiu'Ouate tiik Pikumont Manufacturing

";: • T CoMi'ANY.

No. 450.

Section 1. Be it enacted by tlie Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in

Corporators. General Assembly, and by the authority of the same. That Henry
P. Hammett, Hamlin Beattie, Alexander McBee and Thomas C.
Gower, and their associates and successors, are hereby made
and created a body politic and corporate in law, under the

Corporate name and style of the Piedmont Manufacturin'r Company, for the

name. . . . . T /• • i • " n

Objects o.'- purpose of mauufacturiDg, dyeing, printing and nnishiug all goods
corpora ion. ^^^q ^f cotton Of wool, or of which cotton or other fibrous articles
may form a part, and for grinding wheat, corn and other grain,
sawing lumber and .selling merchandise, and for the transaction of
all such business as may be necessarily connected therewith, and
may erect such mills, buildings, machine shops and other works as
may be required or necessary to carry on such branches of manu-
facture and business, and may make and procure such machinery,
tools and implements as may be required or necessary for the same;
and they shall have power to raise by subscription, in shares of one
Capital stock, hundred dollars each, a capital of three hundred thousand dollars,
with the privilege of increasing the said subscription to a capital of
five hundred thousand flollars, the consent of a majority of the
stockholders being first had and obtained before said increase of
the capital is made.

Sec. 2. That the said corporation may purchase and hold such
General real estate as they may think necessary for their purposes, and such

powers. , ,'.,',,.. ' 1-1 1 f

as they may deem it lor their interest to take in the settlement or
any debts due to them, and may dispose of the same; and may sue
and be sued in all Courts of law and equity, have and use a com-
mon seal, and make such by-laws and regulations for their govern-
ment as they may .deem proper and necessary, not inconsistent with
the Constitution and laws of the United States and of this State;
and shall have generally all the rights, powers aud privileges in
law incident or appertaining to corporations.
When m^y Sec. 3. The Said corporation shall not go into operation until the

commence op- i i n • i •\ i i • i

erations. sum of scventy-five thousand dollars is subscribed to the capital

stock, twenty-five per cent, of which shall have been paid in cash,

which subscription and payment shall be certified to under oath of

the President and Treasurer of the said corporation, which shall

Certificate to be recorded in the Secretary of State's office and published in at

be filed with , -in. • t •. /? /-^ -ii

Secretary of least two newspapers in the otate — one in the city of (jrreenviNe

State and pub- , , . . , . n r^ ^ \ ■ i i ..i.

lit-hed. and the other in the city of Columbia; and when these require-

ments are complied with, the said corporation is authorized to com-

OF SOUTH CAROLINA. .-,43

mcncc operations under this Act, nnfl to call for the payment of all A. ]>. i.s74.
subsequent assessments upon the stock subscribed, in such sums and '^

at such times as the President and a majority of the Directors of
the said corporation may determine.

•Sec. 4. That the capital stock shall be deemed personal property Capital stock
and transferable upon the books of the said corporation ; and no part crty"""' '"^'""
<»f the capital stock shall, at any time or upon any {jreteiise what-
ever, be loaned or divided amongst the stockholders; neither shall
the capital be withdrawn or divided amongst the stockholders until
all the liabilities of the company are lawfully paid; and no divi- Dividend-,
(lends shall be declared except from the net earnings of the com-
pany; each stockholder shall have one vote for each share which
he may own or represent at the election of President and Directors,
and at all meetings of the company.

Sec. o. That if the proprietor of any share shall neglect to pay
the installments assessed thereon for the space of sixty days after
the time appointed for the payment thereof, the Treasurer of the
corporation may, by order of the President and a majority of the
Directors, sell, at public auction, such number of delinquent shares Si.ie of .■«tock
as may be necessary to pay such assessment: Provided, That such "' ^•'''°''""'"*''-
-ale be advertised for three weeks successively in some newspaper
published in the city of Greenville; and a bill of sale by the Presi-
dent of said corporation shall transfer such shares to the purchaser
and entitle him to a certificate thereof.

Sec. 6. That this Act shall be deemed and taken as a public Act,
and shall continue in force for the term of twenty years, and until
tlio next meeting of the General Assembly thereafter.

Approved February 13, l.'S74.

AX ACT TO Renew and Amend the Ciiai:teu of the Town No. 401.
OF Black viLLE.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting ic
< Jeneral Assembly, and by the authority of the same, That from and
after the passage of this Act, all cili/.c-ns of this State having re- Corpomtor...
"'ided sixty days in the town of Blackville shall be deemed, and
are hereby declared to be, a body i)()litic and corporate; and the
said town shall be called and known by the name of Blackville,
and its corporate linuts shall be held and deemed to extend one Corporate
mile on lines extending at right angles to each other from the "'"'^*
South Carolina Railroad depot as a central point, and respectively
36

544 STATUTES AT LARGE

A. D. 1874. perpendicular to and parallel with the railroad avenue, forming a
^'^ ' square area.

Officers. Sec. 2. That the said town sliall be governed l)y an Inteudant

and four Wardens, who shall be citizens of the State and shall
have been residents of the said town sixty days immediately pre-
ceding their election, who shall be elected on the second Monday
in October of the present year, and thereafter on the same day in
each succeeding year, as hereafter provided, ten days' public notice

Electors. being previously given; and that all male inhabitants of the age of
twenty-one years, citizens of the State, and who shall have resided
in said town for thirty days immediately preceding the election,
shall be entitled to vote for said Intendant and Wardens.

Election. Sec. 3. That the election for Intendant and Wardens of the said

town shall be held in the town hall, or some other convenient
public place in the said town, from seven o'clock in the morning
until five o'clock in the afternoon; and when the polls shall be
closed, the Managers shall forthwith count the votes and proclaim
the election, and give notice, in writing, to the Intendant therein
being, who shall, within two days thereafter, give notice in writing,
or cause the same to be given, to the persons duly elected. The
Intendant and Wardens shall appoint, for the time being, three
citizens as a Board of Managers to conduct the election, who,
before they open the polls, shall take an oath fairly and impartially
to conduct the same; and, furthermore, the Intendant an<l
Wardens, before entering upon the duties of their respective
offices, shall take the oath prescribed by the Constitution of this
Oath of office. State, and also the following oath, to wit: "As Intendant (or
Warden) of the town of Klackville, I will equally and impartially,
to the best of my ability, exercise the trust reposed in me, and will
use my best endeavors to preserve the peace and carry into effect,
according to law, the i)urpi)se for which I have been elected: So
help me God-" And if any person, upon permitting his name to
be used as a candidate, and being elected Intendant or Warden,
shall refuse to act as such, he shall forfeit and pay to the said Town
Council a sura not exceeding twenty dollars. The said Inteudant
and Wardens shall hold their offices from the time of their qualifi-
cation until the second Monday in October of the ensuing year and
until their successors shall be elected ami qualified.

Vacancies. Sec. 4. That in case a vacancy shall occur in the office of In-
tendant or any of the Wardens by death, resignation, removal or
otherwise, or in case of a tie in said election, an election to fill such
vacancy shall be hold, by the appointment by the Intendant and
Wardens, or by the acting Intendant and Wardens or Warden, as
the case may be, ten days' public notice thereof having been

OF SOUTH CAROLINA. 54:,

previously <^\vru ; aii.i in case of the sickness or temporary absence '^- '>• ''<"^-

of the Inten.lant, the Wiinlens fortnii.g a Council shall be empow- ^ '

ered to elect one of their number to act in his stead durinji; nnch
abseuce,

^ Six. 5. That the Intendant and Wardens duly elected and quali-
fied shall, during their terra of service, be vested with all the juris- Judicial
diction and powers of Trial Justice or other inferior Court within """'''•
the limits of said town; and the said Intendant shall and may, as
often as he may deem necessary, summon the Wardens to meet in
Council, any two of whom, with the Intendant, may constitute a
quorum to transact business; and they shall be known by the name
of the Town Council of Blackville; and they, and their successors,
hereafter to be elected, may have a common seal, to be affixed to all
ordinances; may sue and be sued, plead and be im[)leaded, in an^
Court of law or equity in this State; and purchase, hold, possess
and enjoy, to them and their successors, in perpetuity, or for any
terra of years, any estate, real, personal or mixed, and sell, alien or
convey the same: Provided, The same shall not exceed at any one
time the sum often thousand dollars. And the Intendant and
Wardens shall have full power to make and establish all such rules, Cener ii
by-laws and ordinances not conflicting with the State laws for the "*'''' *""'"

rcrs.

benefit and welfare of said town, said rules, by-laws and ordinances
to be subject to revisal or repeal by the General Assembly of this
State. And said Council may fix and impose fines and penalties for Fines,
the violations thereof, and shall have the same powers which Trial
Justices now have to compel the attendance of witnesses, and re-
quiring them to give evidence upon the trial before them of any
person for a violation of any of their rules, by-laws or ordinances;
and all such fines shall be appropriated to the public use of the'
corporation ; and the said Town Council is hereby empowered to
collect all such fines in the manner now prescribed by law: Pro-
vided, No punishment shall exceed twc'iityfive dollars or ten davs'
imprisonment.

Sec. G. That the said Town Cniuicil shall have authority to ap-
point, from time to time, as they may see fit, such and so many per-
sons as Marshals or Constables of said town as the said Council Ar,.rsi,.i-
nmy deem necessary and expedient for the preservation of the .'lu,".:""' '""'
I)eace,good order and police thereof, which person or persons so ap-
pointed shall, within the corporate limits of said town, have all the
power and privileges, and be subject to all the obligations, penalties
and regulations, provided by law for the office of Constable, and
shall be liable to be removed at the pleasure of said Couiuil.

Sec. 7. That the said Town Council of Blackville shall have Mavarro-t
power to arrest and commit to the guard house of said town for a fJnd.!;''"'-^'' " "

.346

STATUTES AT LARGE

A. I). isTi. space of time before trial not exceeding twenty-four hours any
' person or persons wlio shiiU be guilty of disorderly conduct in said

town to the annoyance of the citizens thereof; and it shall be the
duty of the Marshal of the town to make such arrest, and to call
to liis assistance the posse comitatus,]^ necesaary; and upon a failure
to perform such duty he shall be fined such sum and be lial)le to
such penalties as said Town Council may impose; and any person
so summoned by the Marshal to aid iu such arrest, and refusing to
render any or proper assistance, shall be fined a sum not exceeding
ten dollars or be imprisoned for a period not exceeding five days.
Six. 8. That the said Town Council shall have full power to

Nuisancer, abate and remove nuisances in said town; and it shall be their duty
to keep all roads, streets, alleys, ways and bridges within the cor-
^)rate limits of said town open and in good repair; and for that
purpose they are invested with all the powers heretofore granted to
County Commissioners, and shall have power to classify and arrange
the male inhabitants of said town liable to road, street and other
])ublic duty therein, and to force the performance of such duty by
the imposition of a fine, not exceeding ten dollars, upon any person
or persons refusing or failing, after due summons, to work such
streets: Provided, Such person or persons shall have the privilege
of compounding, in lieu of such work, by the payment of such sum
as the said Council shall fix by ordinance; and all such compound
money shall be applied to the keeping in repair the streets, ways
and bridges in the said town, and for other public purposes: And
provided, also. That the Inteudant. and Wardens of the said town
shall be exempt from the performance of road and police duty, and
the inhabitants of said town are hereby exempt from road and
police duty without the corporate limits of said town.

Sec. 9. That the said Town Council of Blackville shall have full
power and authority to require all persons owning a lot or lots in

S icw.iik-. said town to make and keep in good repair sidewalks in front of
said lot or lots, whenever the same shall front or adjoin any of the
public streets of said town, if, in the judgment of the Council, such
sidewalks shall be necessary, the width thereof and the manner of
construction to be designated and regulated by the Town Council ;
and for delault or refusal to make and keep in rej)air such side-
walks, the Town Council may cause the same to be made or put iu
repair and require the owner to pay the price of making or re-
pairing: Provided, That such contracts for making or repairing be
let to the lowest bidder.

Sec. 10. That the said Town Council shall have power, with the

Control of consent of the adjacent land owners, to close all such roads, streets

r oarts a n il .... . , , , , ,

s-oets. and ways within the said town as they may deem necessary, by sale

OF SOUTH (AKOLINA. rAl

v)f ihc fVccliulcl therciii, cither at private ov puljlic sale, as they A. r>. hti.
adju(]ge best i'or the interest of the said town; and they shall have
power to lay out, adopt, o])en and keep in repair all such new streets,
roads and ways as they may from time to time deem necessary for
the improvement and couvenieuce of said town : Provided, That no
new street, road or way shall be opened without first having ob-
tained the consent of the land owner or owners through whose
premises any such new street, road or way may pass.

Sec. 11. That the Town Council of said town shall have full
power to grant or refuse licenses to any person, firm, company or Li.>ii.-. -.
corporation engaged in, or intending to be engaged in, the sale of
spirituous liquors, or any trade, business or profession whatsoever,
within the corporate limits of said town, upon such conditions and
under such circumstances as to them shall seem proper and riglu:
Provided, That in no instance shall the price of a license to keep a
tavern to retail spirituous liquors be fixed at a less sum than is
established by the laws of this State; and all moneys paid for
licenses and for fines and forfeitures for retailing spirituous liquors,
keeping taverns and billiard tables, within the said limits without
licenses shall be appropriated to the public uses of said town:
Provided, That the said Town Council shall not have power to
grant any licenses for over the term of one year.

Skc. 12. The said Town Council shall have power to impose an
annual tax not exceeding fifty cents on every hundred dollars of Annual ta.x;i
the assessed value of all real and personal estate lying within the
corporate limits of said town (property exempt by law alone ex-
cepted). The said Town Council, shall have the power to regulate
the price of license upon all public shows and exhibitions in said
town. The said Town Council shall have power to enforce the pay-
ment of all taxes levied under the authority of this Act against the
property and persons of defaulters, to the same extent and in the
same manner as is provided by law for the collection of the general
State tax, except that executions to enforce the payment of the Kx.-.iitit.u-.
town taxes -liall be issued under the seal of the corporation, and l)e
directed to the Town ^Iar^hal or other person especially appointed
by the Town Council to collect the same; and all proj)erty upon
whi('ii a tax shall be levied is hereby declared and made liable lor
the payment tliereof in j)ref"erence to all other debts against the
said proj)erty, exce[)t debts due to the State, which shall first be
paid.

Skc. 13. And all Acts and parts of Acts inconsistent with this
Act be, and the same are hereby, repealed. And this Act shall be
deemed a public Act and shall remain in force until repealed.

Approved February l;), 1874.

548 STATUTES AT LARGE

A. D. 1S7I. ^^ ACT TO AuTiionizE Francis IIaunn to Adopt and Make

^^ 'TT^ His Lawful Heirs William Albert Enlowe and James

Drayton Enlowe, and to Change the Names of the Said

William Albert Enlowe and James Drayton Enlowe

TO William Albert Hahnn and James Drayton Hahnn.

Section 1. Be it enacted by the Senate and House of Repre-

seutatives of tlie State of South Carolina, now met and sitting in

General Assembly, and by the authority of the same. That Francis

Francis ilnhnn Hahnn is hereby authorized and empowered to adopt and n)ake his

to adopt Wm. •' * '

A. Enlowe ami lawful heifs William Albert Enlowe and James Drayton Enlowe,

■lames D. Ln- - '

lowo. and that the names of the said William Albert Enlowe and James

Names Draytou Enlowe be changed to William Albert Hahnn and James

changed. -^ *=

Drayton Hahnn.

Sec. 2. That should the said Francis Hahnn die intestate, the
said William Albert Hahnn and James Draytou Hahnn shall in-
herit his estate, both real and personal.

Approved February 13, 1874.

Xo. 453. AN ACT to Incorporate the State Council of the Friends
OF Temperance of the State of South Carolina.

Section 1. Beit enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That John
Corporators. G. Blu€, James F. Bragdon, Theodore F. Malloy, Rev. A. Coke
Smith, Hugh R. Johnson, John O. Willson, D. Evander Gilchrist,
Frederick F. Warley, John Frierson, Reverend Silas P. H. Elwell,
Legrand G. Walker, Rev. James B. Campbell, William W. Sellers,
Joseph T. Walsh, Rev. William C. Power and otherr;, who now are
or may hereafter become officers and members of the State Council
of the Friends of Temperance, and their successors, officers and
members, be, and they are hereby declared to be, a body corporate
Corporate and politic, by the name and style of the State Council of the
Friends of Temperance of the State of South Carolina ; and that
Powers and the Said corporation, by its corporate name, may sue and be sued,

I>rivilege3. , . . , . ,

plead and be impleaded, in the Courts of this State; and shall be
enabled and empowered in law to purchase, have, hold, enjoy and
possess chattels, lands, tenements or real estate of what kind and
nature whatsoever, and the same, or any part thereof, to sell, alien.
Proviso. grant, release, bargain or convey at their will or pleasure : Pro-
vided, That the property so held shall not exceed the annual value

OF SOrTH CAIiOLINA. 549

of iifly tliousuiul dollars; and the said corporation .shall have power -^- ^- i**"-'-
to make and use a comtuon seal, with power to change and alter "^ '^~^
the same as often as they shall deem necessary.

Skc. '2. That this Act shall be deemed and taken to be a public
Act and shall continue in force until repealed.

Approved February 13, 1874.

AN ACT TO Require the County Commissioners of Aiken No. 454.
County to Construct a Bridge Over Upper Three Run
Creek, in Aiken County,

Be it enncled by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the County Commissioners
of Aiken County be, and they are hereby, empowered and required County Com-
to construct a bridge over Upper Three Run Creek, (as early as b u^i i.i ^>ridKe
practicable,) at the termination of the road leading from Dr. Stel- Xh^rce 'ruh
ling's, past JeffGreen's, to said Upper Three Run Creek, said bridge ^^^ '
to be kept in repair by the County Commissioners of Aiken.

Approved February 13, 1874.

AN ACT to Incorporate the Port Royal Dock, Ware- No. 455.
housing, Transportation and Banking Company.

Section 1. Be it enacted liy the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting iu
General Assembly, and by the authority of the same. That Peter Con-.-rators.
Papin, M. R. Cooper, Alfred Williams, John W. Wallace, James
Gardner, B. W. Lawton, LeRoy F.Youmans, A. 0. Jones, N. B. ^[yers,
J. B. Bascomb, R. H. Gleaves, J. D. Robertson, Samuel Green, H.
E. Hayne, Robert Smalls, S. J. Lee, J. Woodruff* Hastings Gantt,
T. C. Dunn, J. Bodiugton,S. Willet, D. E[)stin, and all [)orsous who
shall or may be associated with them, and their successors, be, and
are hereby, created and erected into a oody corporate and politic in Corporate
<leed and in law, by the name and title of the "Port Royal Dock, ""'"'"'
Warehousing, Transportation and Bankitig Co(nj)any."

Sec. 2. That said incorporators and associates shall have power incorpomton-
to erect on any land now iu their possession, or that may hereafter Ivi," rvct war**?-
become possessed of as a body politic, in and abutting on Port Royal !,' n aVo'i'itet
harbor, docks, \Tharves, warehouses aud other shipping improve- ^^''■■"■'^"»'^-

550 STATUTES AT LAIiGE

A. D. 1874. raents and accommodations for the carrying on the business of
^~^'< general shippers, with power to collect wharfage.

Sec. 3. That in order to facilitate the transportation of freight

May 1)11 il<l or merchandise to and from tiieir docks, wharves or warehouses, tlu-

wiiy or tiuiii- said company are authorized to l)iiild, lay and run a railway or

tramway track or tracks upon their property, should it be fouD<i

desirable.

Six. 4. That in furtherance of this object of this company, and

for the benefit and development of the agricultural and commercial

May purchase interests of South Carolina, power and authority is hereby granted

and navigate ,. ^ ., " i-iii ' i in

steamships a s and given to said company to build, charter, purchase and sell,
riers. navigate and sail, steamships or sailing vessels between Port Royal

harbor and any domestic or foreign ports, as common carriers,
charging customary rates of freight.

Sec. 5. That for the purpose of more fully developing the busi-
May establish ness of Said companv they shall have power to establish a banking
banking busi- department, of Avhich the principal object shall be of making ad-
vances on consignments, bills of lading, bottomries and general
shipping interests.
Capital ?tock. Sec. 6. That the capital stock of said company shall be five hun-
dred thousand dollars, in shares of one hundred dollars each, with
power to increase to three million dollars ; and that said company
When may may proceed to build docks, wharves, warehouses and establish
operations. othor shipping and financial facilities as soon as fifty thousand dol-
lars shall have been subscribed to its caj)ital stock.
May issue Sec. 7. That the said company shall have power and authority
'^^ ^' to issue seven per cent, coupon bonds to an amount equal to their

capital subscribed and paid in, the same to be redeemal)le at such
time, not exceeding twenty years, as may be agreed upon by the
said company,
(lenerai Sec. 8. That Said Company shall have power to enact by-laws
powers. ^^|. ^^pj,gp^„j ^x]i}i the laws of this State or of the United States;

that they shall have and hold a common seal, the same to alter at
pleasure; that, as a body corporate, they may sue and be sued,
plead and be impleaded, defend and be defended, in any Courts of
this State or of the United States of appropriate jurisdiction.
Location of Sec. 9. That the principal office of the company Shall be located
' at Port Royal, S. C, or wherever docks, wharves, warehonses and
other improvements may be erected in said Port Royal harbor.
Sec. 10. That this charter shall remain in effect for fifty years.

Approved February 1'], 1874.

OF SOUTH CAROLINA.

551

AN ACT TO I.Ncoru'ORATi: the Town of ^Iayksvili.e,

A. D. 1S7J.

No. 45(1.

Corponitors.

Corporate
liuiiLs.

Section 1. Be it enacted hy the Senate ami Iloii.sf; of Kt^prc-
?entative,« of the State of South Carolina, now mot and sittin;j; in
General xVsseiiihly. and by the authority of tin' sain(>, That from and
after the ])a.<^ai;e of thi.s Act, all citizens of this State who have
resided twelve months within the State and sixty days in the town
of Mayesville shall be deemed, and are hereby declared to be, a
l)ody politic and corporate; and the said town shall be called and
known by the name of ^layesville, and its corporate limits shall
extend one-half of one mile in each direction from the depot
of the Wilmington, Columbia and Augusta Railroad in the said
town.

Sec. 2. That the said town shall be governed by an Inteudant Officers.
and four Wardens, who shall be citizens of the United States, and
who shall have resided in the said town for sixty days immediately
preceiling their election, who shall be elected on the first Monday in
April in every year, ten days' notice of such election being previ-
ously given; and that all the male inhabitants of the said town who Electors,
have attained the age of twenty-one years, and who have resided
therein sixty days previous to said election, shall be entitled to vote
for said lutendant and Wardens, the election to be held from seven Election,
o'clock in the morning until six o'clock in the afternoon ; and when
the polls shall be closed, the Managers shall proclaim the election,
and give notice thereof in writing to the persons elected; and that
the Tntendant and Wardens fur the time being shall appoint three
i\Ianagers to hold the ensuing election ; that the Tntendant and
Wardens elect, before entering upon the duties of their offices, shall
take the oath prescribed by the Constitution of the State, and also
the following oath, to wit: "As lutendant (or Warden) of the town Oathof office,
of Mayesville, I will e<jually and impartially, to the best of my
skill and ability, exercise the trust reposed in me, and will use my
best endeavors to preserve the |K\ice and carry into eflect, accord-
ing to law, the purposes of my appointment: So help me God."

Sec. 3. That in the case of a vacancy in the office of Tntendant VjuiMu-i.\-!.
or any of the Wardens by death, resignation, removal from ofiice
or absence from the State, an election shall be held by the appoint-
ment of the lutendant or Wardens, as the case may be ; and that
sitid Tntendant shall give ten days' previous notice of such election ;
and in case of sickness or temporary absence of the Tntendant, the
Wardens, forming a Council, shall be empowered to elect one of
themselves to act as Tntendant during the time.

Sec. 4. That the Tntendant and Wardens duly elected and (juali- .T n <1 i c i .t l
lied shall, during their term of service, severally and respectively,

552 STATUTES AT LARGE

A. D. T=:i. be vested with all the powers of the Justices of the Peace of the

' " ' State within the limits of the said town ; that the luteudant shall

and may, as often as occasion may require, sum noon the Wardens
to meet him in Council, a majority of whom shall constitute a quo-
rum for the transaction of bu.^iuess, and shall be known by the name
of "The Town Council of Mayesville;" and that they and their
successors in office may have a coJnmon seal, and shall have power
and authority to appoint, from time to time, such and so many
Marshals, proper persons to act as Marshals within their jurisdiction, accord-
ing to law, as they shall deem expedient and proper, which Mar-
shals shall have all the powers, privileges and emoluments, and be
subject to all duties, penalties and regulations provided by the laws
of the State for the office of Constable. And the Inteudaut and
Wardens shall have power, under their corporate seal, to ordain
and establish all such rules, by-laws and ordinances respecting the
streets, ways, markets and police of said town as shall appear to
them best "for the preservation of the peace and welfare of the town ;
Fines. and the said Council shall affix fines for offenses against such by-
laws and ordinances, and appropriate the same to the use of the
corporation; but no fine shall exceed fifty dollars; and when fines
exceed twenty dollars, they may be recovered in a Trial Justice's
Court for Sumter County; and when they are of the amount of
twenty dollars or under, they may be recovered before said Intend-
Proviso. ant and Wardens in Council: Provided, That nothing herein con-
tained shall empower the said Council to ordain or establish any
bylaws or ordinances inconsistent with or repugnant to the laws of
the land ; and all such by-laws and ordinances shall at all times be
subject to revisal or repeal by the Legislature.

Sec. 5. That the said Intendant and Wardens shall have power
Nuisances, to abate and remove nuisances within the said limits; and in case
of disorderly behavior, the Intendant and Wardens, or any one of
them, upon view thereof, or upon complaint lodged on oalh, are
hereby required and authorized to issue warrants against all ofiend-
ers, and cause them to be brought, before him or them or a Trial
Justice of the County, and, upon due examination, shall either re-
lease, admit to bail (if the offiinse be bailable) or commit to jail
such offenders, as the case may require; and the Sheriff of Sumter
County is hereby required to receive and keep persons so committed
until discharged by due course of law; and that the said Intendant
and Wardens shall, collectively and severally, have jurisdiction
within the said corporate limits in all criminal cases as Trial Justices
have according to law.
Koads and Sec. 6. That it shall be the duty of the said Inteudaut and Ward-
''"^*^' ens to keep all roads, streets and alleys within the said limits

OF SOUTH CAROLINA. 553

open ami iu good repair, and for that purpose tliey are invested ^- ^- i^"^-
with all the powers granted hy law to the County Coramissiouers ; '

and for neglect of duty, they shall be liable to the penalties im-
posed by law upon County Commissioners for like neglect.
Sec. 7. That for any willful violation or neglect of duty, mal- Penalty for

1 • 1 IT , , , . r' , V i o I a t i o n or

practice, ahuse or oppression, tlie said Intendant and Wardens, neglect of duty.

jointly and severally, shall be liable to indictment iu the Court of

General Sessions, and, upon conviction, to punishment, besides being

liable for damages to any person or persons injured : Provided, That

such fine shall not exceed the sum of one hundred dollars.

Approved February 18, 1874.

AN ACT TO Reni:w the Charter of the Charleston Float- No. 457.
iNG Dry Dock and Marine Railway Company.

Beit enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That an Act cf the said General Charleston
Assembly of this State entitled "An Act to incorporate the Charles- S'fn,Ve'''V=lii-
ton Dry Dock and Marine Railway Company," passed and ratified "I'/n r't'c r'?e-
the 16th day of December, in the year of our Lord 1851, be, and "'■''■'''^•
the same is hereby, renewed and extended for the term of ten years
from the ratification and approval of this Act.

Approved February 13, 1874.

AN ACT TO Ln'cgrpgrate the Town of Scranton, in the No. 458.
County' of Williamsburg.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting iu
General Assembly, and by the authority of the same. That from
and immediately after the passage of th's Act, all citizens of the Corporator.-.
State who may reside in what has been known as the village of
Leesville, in the County of Williamsburg, and their successors,
are hereby declared to be members of the corporation hereby in-
tended to be created.

Slc. 2. That the said persons and their successors shall be a Corporate
body politic and corporate, which shall be known and called by the """"''
name of the town of Scranton, and the corj)orate limits thereof Corporute
shall extend one-half mile in each direction from the depot of the '''"'^*"
Northeastern Railroad in saitl town.

.554

STATUTES AT LARGE

A. 1). 1874. Sev. 3. Tliat the said corporation shall enjoy all the powers and
r^^''^''T~^. , privileges conferred, and be liable to all the restrictions imposed, by

Invested with ' » ' r > j

Dowcrs an<i an Act entitled "An Act to alter and amend an Act entitled * An

privilefTc.-' fon-

t erred on vii- Act to incorporate the villa'^e of Kinj^stree,' " approved .Marcii

luge of Kings- _. . „ '. *= «= > ii

tree.

Officers.

Election.

Managers.

26, A. D. 1869.

Sec. 4. That said town shall be governed by an Intendant and
four Wardens, who shall, at the time of their election, be merubers
of the said corporation, and shall be elected on the first Monday in
April in each year, five days' public notice thereof being previously
given ; and all meaibers of said corporation shall be entitled to
vote at any and all elections for Intendant and Wardens of the
town of Scranton: Provided, That the first election to be held
under this Act shall be conducted by a Board of three Managers of
Election, to consist of S. D. M. Bird, W. S. Lee and W. J. M. Lee,
who shall conduct the same and declare the result, giving notice, in
writing, to the persons so elected as Intendant and Wardens.

Sec. 5. This Act shall be taken and deemed a public Act and
shall remain in force until repealed.

Approved February 13, 1S74.

No. 459. AX A'CT to Authorize "William Kressel to Build a Dock
AND Collect Wharfage in the Town of Beaufort.

Be it enacted by the Senate and House of Representatives /)f the

State of South Carolina, now met and sitting in General Assembly,

Wm. Kressel and bv the authority of the same. That William Kressel be, and is

empowered to " _ _

build dock and hereby, authorized to build a dock to deep water in front of the

colleet wharf- •" ,.i..i i. -n n

age. property owned by him in the town or Beaufort, to collect wharf-

age on the same, and to use, sell or lease said dock for his own
benefit, subject to any laws now existing or hereafter to be made iu
relation to such property.

Approved February 13, 1874.

No. 460. AN ACT to Renew and Amend an Act Entitled "An Act
TO Incorporate the Home Insurance Company of
Charleston."

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the Act of the General
Assembly of the said State entitled "An Act to incorporate the

OF SOUTH CAROLINA. ooo

IIdiuc Iii«urance Company, of Cliarlcston "' Ik-, and the same i> • '• ' ' •
heri'bv, n'vivod, renewed and extended from llie passaj^e hereof, ]!„,„„ in^ur-
witli the foHowing alterations and amendments, viz. — Section 5 : ||','^'''^'|[|^'"'i!"'"-''.:
Strikeout the words " one year," and insert in lieu thereof the "•="*-"^,"'?'^ **'
wordd " two years;" Section 8: After the word " reKpoiulentia," i\.dd ••Twoycars"

, , , • ■ )» o • 1 I o •! 1 1 inHiTied in lifii

the words or other securities ; Section 14: Striue out tlie words <it 'one year."
"one year" and insert in lieu thereof the words "two years."

Approved February lo, 1874.

AN ACT TO Recfi.vutkr Swanzey's Ferry. No. 401.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That the ferry
knows as Swanzev's Ferry, acro.ss the Saluda River, be, and is Swanzey's
hereby, rechartered and vested in Thomas Stewart, his heirs and 1 1- r e «1 an d
assigns, the usual rates of toll to be charged for crossing said Thomas Stew-
ferry: Provided, That school teachers and school children going to
and returning from school, ministers of the gospel going to and
returning from divine worship, l)e allowed to pass free.

Sec. 2. That this Act shall be deemed a public Act and remain
in force until repealed.

Approved February 19, 1874.

AN ACT TO EsTAHLisH Certain State Scholarships in No. 462.
THE University oe South Carolina.

Section 1. JJe it enacted by the Senate ami House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That for the
purpose of extending the benefits of a higher education to the citi- •"^'^jtt' sohol-
zens of this State, then; shall be, and there arc hereby, established w.-'iieti.
in the University of South Carolina permanent quadrennial State n<'w appor-
scholarships, which shall be apportioned among the several Couuliea
of this State according to the number of Representatives from the S.holars ti>

. r o i- 0 i V c two

said Counties in the General Assembly, each scholar to receive two hmuircci doi-
hundred dollars per annum : Provided, That each County shall send Proviso,
but one scholar for the fiscal year after the passage of this Act ; and Putc Board
annually thereafter, on the first Monday in June, the State Board of to apportion
ICxamioers shall so apportion the number of scholarships to each ""^ """ """

556 STATUTES AT LARGE

A. D. 1874. County as will at the expiration of four years complete the number

~^ ' to wliic'h eacii County may be entitled, ami notify the County Board

of Examiners of the respective Counties of each annual appor-

N umber of tionment: Provided, That the whole number of pupils at the ex-

pupils not to . . „ „ 111 III 1111

exceed one piratiou 01 lour years Shall not be less than one hundred and twenty-
tweiity-iour. four: Provided, farther, That as often as a vacancy occurs from
graduation or otherwise, the County credited with the vacancy shall
be notified thereof and fill the same.

Si>:c. 2. That to the end that the advantages and benefits accruing
from the State scholarships provided for in the first Section of this
Act may be bestowed upon suitable and deserving persons, the
County Board of Examiners of each of the several Counties in the
State, having been notified of the number of scholarships to which
their respective Counties are entitled, are hereby authorized and re-
public com- quired to hold, annually, on the first Monday in July, at the County

petitive exam- n ^ • i^ p ii- •• ••

illations. Seat of their County, a free public competitive examination, except

the first examination, which shall be held within thirty days after

How to be the passage of this Act, such examination to be conducted in such

conducted. .

a manner and according to such rules and regulations as shall be
prescribed by the State Superintendent of Education. The said
County Board of Examiners shall send three candidates for every
scholarship their respective Counties may be entitled to for a final
County Board examination before the State Board of Examiners, and shall give

of Examiners i/., i-i i-i'- ,i n '

to issue ccrtiii- to each 01 the candidates exhibiting the greatest proficiency in
ciency? ^^^ all the branches of study required for the admission of students into
the University a certificate to the effect that said candidate passed
the best examination before them of all those competing, is entitled
to appear before the State Board of Examiners hereinafter created
for final examination for appointment to a State scholarship in the
Stnte Board University. The State Board of Examiners shall select from every

to select schol- ■ -i/-, t->i/'t->'

nr piipsinK best three scholars so recommended bv the said County Board of Exam-
examination. • ..,„

iners the one who shall pass the best examination before them for

the scholarship of his respective County ; and the State Board of
Examiners shall notify the County Board of Examiners of any
vacancy that may occur by reason of death, resignation or other-
Vacancies— wise, and said vacancy shall be filled in the same manner as a
^^""^ ' ^ ' vacancy by graduation is filled. Should any County in the State,
from any cause, fail to forward applicants for the scholarships to
which said County may be entitled, the State Board of Examiners
is hereby authorized to fill such from any applicants found duly
qualified who may appear before them: Provided, however. That
nothing herein contained shall prevent the State Board of Exam-
iners from examining any person or persons who may appear before
them for examination from any County in which no examinations

OF SOUTH CAROLINA. .557

phall have been held Ity tin.' Cmiiity Board of Exaniiner.s under the '^- "• ^■^''•
provisions of this Act. '

Skc. 3. The State Board of E.xaniinors shall consist of the Fac- gt^i^ Bonrd.
ulty of the University and the State Superintendent of Education, cLi"'" *"
the said Superintendent to be ex officio Chairman of said lioard.

Sec. 4. For the purpose of carrying out tiie provisions of this Act,
there shall be, and there is hereby, appropriated for the fiscal year Ai.propria-
beginninjjf November 1st, 1873, the sum of si.x thousand four hun- i oil i/im'" '" of
dred dollars, (§(),400,) and there shall be annually appropriated a "'' '^ '"■'"'''^•
sufficient sum of money for the maintenance of the scholarships
hereinbefore provided for.

Sec. 5. Said appr()priation shall be paid to the several pupils in Approprui-
ten monthly installments of twenty dollars each by the State Trea- iL'stViimL-ntl'"
surer, upon the order of the Board of Trustees of the University.

Sec. 6. That the State Treasurer be, and he is hereby, authorized State Trea-
and required to keep separate and apart from all other funds the lippropriaiion
amount of money appropriated each year by the General Assembly
for the purposes hereinbefore mentioned, and any diversion of the
money thus appropriated to any other purpose than that prescribed
in this Act shall be deemed a felony and punishable accordingly.

Sec. 7. That any person who shall be entitled under the provi- Person* enti-
sions 01 tins Act to a scholarship may, upon entering the said Uni- siiip may mnko
versity, pay to the State Treasurer the sum of ten dollars; and upon sutc. "^
such payment being made, a contract shall arise between the State
on the one part and the person paying the said sum on the other
part, whereby the State shall be bound to provide annually for four
years for the support of the said scholar as herein provided, and the
person holding said scholarship shall be bound to fill said scholar-
ship, and faithfully to use and improve its advantages, and said
contract shall at all times be enforceable by either party in the
Courts of the State.

Sec. 0. This Act shall take effect from and after its passage.

Approved February 20, 1874.

AN ACT TO PROvti>E Foii Orantinc; oi' Ckrtain Charters. No. 463.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That from and
after the passage of this Act, charters for churches, ceinoteries, fire, Clork of Court
hook and ladder, and military companies. Free Masons, Odd Fellows oharteil?'""'"
and Knights of Pythias Lodges, charitable and religious institutions

558 STATUTES AT LARGE

A. D. 1874. or societies, labor, agricultural, niauufiicturing, industrial or other

' ' like sooie^es aud conipauiL'S, sliall be granted by the Clerk of the

Court of the County wherein they reside, or propose to carry on

business, or hold property. Any perr-ons desiring to obtain a charter,

Application.-:, as provided in this Act, shall make application for the same to the

made. Clerk of the Court, and if within ten days fifty persons of the

County who may be affected or interested by the granting of the

same shall, in writing, object to the granting of such charter, the

Wlieninayije Clerk of' the Court shall refuse to grant the same, provided he con-
siders the objections sufficient grounds for refusal, until the matter
shall have been submitted to the Judge of the Circuit, whose duty

.J lid se to (rive it shall be to decide either for or against granting the charter, as

final decision. i n . i • • , 11 ■> , 1 1 1 1 • •

shall HI his judgment be deemed best, and to render such decision
within ten days after the case shall have been submitted to him. If
the Judge refuses to grant the charter, then the persons desiring
such charter may apply to the General A.«sembly for the same. If
no objection, in writing, be made, the Clerk of the Court shall grant
such charter in the following manner: Provided, That thirty days'
Applications public noticc be given by the parties applying for a charter under

for charters to , . . /> . 1 • . "^ 1 1 i- 1 • • /> 1

be published, the provisions ot this Act, by publishing notice or the same in one

No applica- of the papers of the County where the same may be granted; and,

troduced in hereafter, all associations or societies named in this Act shall,

scmbiy without before applying to the General Assembly, give ninety days' public

HcaUon.^ ''" ' notice, in like manner, before their application can be introdaced

or considered.

Class 1— La- Sec. 2. C'lass I — All labor, agricultural, manufacturing, indus-

bor, agrieultu- .... . . . ^ ,., 1 11 1

rai associa- trial, raining, or companies or associations 01 like nature, shall be
incorporated as follows: When a majority of the members of any
such company or association shall petition to the Clerk of the Court
of the County wherein such association or company may be located,
asking for a charter, the Clerk of the Court shall grant and issue to
such persons the charter asked for, if no objection be made, as pro-
vided for in Section 1 of this Act. The charter shall read as fol-
lows :
Form of char- " Know all men that, in accordance with an Act entitled 'An
Act to provide for granting of certain charters,' approved the twen-
tietii day of February, A. D. 1874, that, on the day

of , A. D. 187 , a majority of the members (or

stockholders, as the ca.«e ma}' be,) of the

, having, by petition, applied for a charter for the said

; therefore, know all men by these

presents, that , citizens

of the State of , together with such other

persons as now are or may hereafter be associated with them, and

OF SOUTH CAROLINA. 559

their successors, be, and they are hereby made- and (rcatcd, a hrnly •\- i>- '"<"••

politic and corporate, under the name and style of the ^ — •

; and, by said name, tliey are hereby made
capable in law to carry on and conduct the business of

, and to exercise all the powers suitable and proper
for that piirpos?rand to hold, purchase, receive, work, soil, mort-
gage, lease, enjoy and retain to them, their successors and assigns,
lands, tenements, goods and chattels, of whatsoever kind, as may be
deemed by them conducive to the objects and interests of said cor-
poration. The said corporation, by its corporate name, may sue
and be sued, plead and be impleaded, in any Court of this State;
make and use a common seal, and alter the same at will and plea-
sure; make, alter and amend such by-laws and regulations as shall
be deemed proper by them, not repugnant to the laws of the land.
The capital stock of said sl^all

not at any time exceed the sum of dollars

nor be less than dollars ;'

the stock to be paid for either in money, real estate, leases or ma-
chinery ; and said stock shall be divided into as many shares as
said corporation may determine, and may be niade assignable and
negotiable under such rules as may be prescribed by the by-laws
of the said corporation. The meetings of the stockholders may be
regulated by the by-laws of the said corporation, with the power to
elect such officers as may be deemed necessary for the purpose of
conducting the business of the same."

Sec. 3. Class //—When ten or more members of any church cins-- •■-

shall petition to the Clerk of the Court of the County wherein such '^''"•■^■''•^■•'- " '
church may be located, or is to be erected, asking to be incorpo-
rated, the Clerk of the Court shall grant and issue the same in the
following form :

"Know all men by these presents, that, in accordance with an Form oi

Act entitled 'An Act to provide for granting of certain cjiarters,' '^'""■'^■■■•
approved the twentieth day of February, 1874, and on petitioL
a.-king for a charter, that and

tiieir associates and successors, members of the

church, are hereby constituted and declared a body
politic and corporate, under the name and style of the

church, of County.

Said corporation shall have power to purchase and hold real
estate or personal property not exceeding in value the sum of

dollars, and to sell and convey or
dispose of the same in any manner whatsoever ; and, by its cor-
porate name, to sue and be sued in any of the Courts of the State,
and to make such rules and by-laws, not repugnant to the laws of

560 STATUTES AT LARGE

A. I). 1KT4. the land, as may be ileemed necessary; to make, use and keep a
common seal, and the same at will to alter."
(jiiiss .!— Sec. 4. Class III — Charitable and religious institutions and .so-

t'linritJible iintl . . i n i • • f i-i • i i- ^-^

ri'ii(,'iuus insti- cieties, and all other societies ot a like nature, including r ree
Masons, Odd Fellows and Knights of Pythias Lodges, and temper-
ance societies and social and debating clubs, sluCH be incorporated,
when a majority of the officers and members of the same shall
petition the Clerk of the Court, asking for such charter, in the fol-
lowing form :
Fdi-m of "This is to certify that, on petition of a majority of the officers

I'hartcr. i i i»

and members or

association, (or lodge, or society, as the case may be,) praying for a
charter in pursuance of an Act entitled 'An Act to provide for
granting of certain charters,' approved the twentieth day of Febru-
ary, A. D. 1874; therefore, know all men by these presents,

and their associates
and successors in office, be, and they are hereby declared to be, a
body politic and corporate, under the name and style of the

, of the County of
State of South Carolina, and by their corporate name may sue and
be sued, plead and be impleaded, in any Courts of this State; to
have, use and keep a common seal, and the same at will to alter; to
contract and be contracted with, buy, sell, acquire, hold and enjoy
so much real estate as may be necessary for furnishing offices and
for carrying on the business of the same, with power to lease, rent
or convey the same, subject to such rules and by-laws of the society
(or association); may, also, adopt such bylaws and regulations
as may be deemed proper, the same not repugnant to the laws of
the land ; and shall have power to receive any gift, grant, contract,
devise or other donation, either by will, subscription or otherwise,
of real estate or personal property, and may sell the same, provided
the amount received from such sale be reinvested in securities for
the benefit of the society."
Class 4— Sec. 5. Class IV — Military organizations, fire, hook and ladder
tire companies, companies, shall be incorporated when a majority of the members
shall {petition the Clerk of the Court for such charter; a charter
shall be issued by the said C'lcrk in the following form :
I'onn i>r "Know all men, that, in accort'ance with an Act entitled 'An
Act to ])rovide for granting of certain charters,' approved the
twentieth day of February, A. D. 1874, that, on petition of

, that the
and the several persons who now
are or may hereafter become members of the
and their associates and successors in office, be, and they are hereby

'hartcr,

OF SOUTH CAROLINA. . .061

(lechufd to he, a body politic; luid corporate, iiiid.i- tlie name and ■'^- "• i-""-
^^>''^ "/■ t''^ «>1' County, aii.i that " ■ ~~ '

the said corporation may, by its corporate name, sue ami l)e ^ued,
plead and be impleaded, in any of the Courts of this State, and
si)all be liable and empowered to purchase, have, hold, enjoy and
pos.'^es.s any goods, chattels, lauds, tenements or real estate of what-
soever kind or nature which shall be purchased, be<iueathed or in
any manner acquired by them, and the same, or any part thereof,
may alien, sell or convey at their will and pleasure: Provided, hon'-
ever, That the property so held shall not at any one time exceed the
sum of twenty thousand dollars; and the said corporation shall have
power to matie, keep and use a common seal, and the same at will
to alter; and shall have all the rights and privileges that now are or
may hereafter be given by law to corporations of like nature in this
State."

Sec. 6. Universities, academies and other institutions of learning
may be incorporated by petition to the Clerk of the Court of the
County wherein the same may be situated, signed by a majority of
•the Trustees or Board of control of the same, and the said Clerk
shall issue and grant the following charter:

"Know all men by these presents. That, on petition of 1.-0,.,,, of cLar-

, in accordance with an Act enti- !.iHes?'"alX-
tled 'An Act to provide for granting of certain charters,' ap- •"'^•--^■'••
j)roved the twentieth day of February] A. D. 1874, that

and the seve-
ral persons who now are or may hereafter become Trustees of the

and their associates and
successors in ofliee, be, and they are hereby declared to be, a bodv
politic and corporate, under the name and style oi' the Trustees of.
^''^ of County, for

the purpose of organizing, governing and conducting a

in the Couuty of in the State

of South Carolina. SaitI corporation may, by their eorj)orate name,
sue and be sued, plauJ and be impleadetl, use and keep a common
seal, and make such rules and bylaws as they may deem necessary
:ii'd proper for the regulation, government and conduct of said

: Provided, Such by-laws and
rules are not repugnant to the laws of the land. The said Trustees
may appoint such officers as tluy may think necessary and proper
for the .organization and government of their own body. A\n\
should any vacancy occur in the Board of Trustees, by death, resig-
nation or otherwise, the .said Board shall have pow^r to fill said
vueaney. The said Board of Trustees and their successors ^hall

562 STATUTES AT LARGE

A. D. i<r4. have and hold all the estate, property and funds now belonging to
said and all property,

funds, money, donations, legacies and devises which noay hereafter
be granted, conveyed, bequeathed, devised or given to said

, in trust, nevertheless, for the use
and benefit of said , The Presi-

dent shall have power and authority to confer and award such dis-
tinction, honors, licenses and degrees as are usually conferred by
similar of the United States."

Charters for Sec. 7. Jockey, yacht, sporting, shooting, game or other clubs of

jockey club*. ... ^ , . , . • , , ,. .,•

Arc. similar nature may be incorporated as is provided for military or-

ganizations by this Act, the amount of property not to exceed
the sum of fifty thousand dollars. The corporators shall be made
jointly and separately liable for all debts incurred by such corpora-
tion or agencies of the same.
Secretary of Sec. 8. That for the purpose of carrying out the provisions of
blanks. this Act, the Secretary of State shall furnish blanks to the Clerks

of Court in the various Counties, the blanks to be printed in ac-
cordance with the provisions of this Act, and setting forth the privi-
What to con- leges granted such corporations, leaving sufficient space on the same
to insert names, places, capital stock and name of corporation.
Said blanks shall be of good paper, and not less than eighteen
inches long by fourteen inches wide.

Sec. 9. When any person shall apply for a charter, as provided
aerk of Court for bv the provisions of this Act, the Clerk of the Court shall cause

to make out "

charter and file the Same to be filled out, signed by him, and sealed with the seal of

duplicate in his , ^ n • i i -kt \ • •

oflSce. the Court: Provided, No objections are made, as specified in Sec-

tion 1 of this Act. Said Clerk shall also make a duplicate of the
said charter and file the same in his office The Clerk shall re-
Fees forgrant- ceive a fee of three dollars for each and every charter so granted,

iniT CDfirtcrs.

to be paid by the corporators, except for churches, the fee for which
shall be one dollar; and in case any charter be granted by the
General Assembly, the incorporators shall pay five dollars to the
Secretary of State for each and every certificate of incorporation
signed and sealed by him. All companies, societies or associations
that are now incorporated shall be entitled to be rechartered under
the provisions of this Act.

Approved February 20, 1874.

No. 464. AN ACT to Charter the American Exchange and Savings

Bank of Charleston, S. C.

Section 1. Be it enacted by the Senate and House of Kepre-
— *.-*;„.,„ „p t;,^ Qfoto f,f fi,^„f}, Cnrolina. now met and sitting in a

OF SOUTH CAROLINA. o63

General Assembly, aud by the authority of the >iixme, That the -^- D. 187«.
American Exchaniic aud Siivines Bank of" Charleston, S. C, is ^""^ •'"^'

I 111 /-ii I • American

hereby incorporated, to be located at Charleston and have lU? ExchanKc and

.,,,., . , • I 11 1 -11 SiiviniTH Blink

nriDcipal omce there; said corporation shall be or;;umzed and imori.omted.

* *^ , , • -. I • i- ... Where located.

possess such powers and privileges as hereinaiter mentioned, viz.:
That the said corporation shall have succession, aud shall be, and (Jcnurui pow-
is hereby, made capable in law to purchase, have, enjoy aud retain,
to it and its successors, lands, tenements, rents, gjods, chattels
and efl'ects, of whatever kind, nature or quality soever, and the
same to sell, alien or dispose of as may seem to them discreet and
proper; to .sue and be sued, to defend and be defended, in any
Court or place whatsoever; to make, have and use a common seal,
which they may alter or renew at pleasure, aud also to provide
and 2>ut iu execution such by-laws aud regulations as they may
deem requisite for the well-ordering and prosperity of the said cor-
poration.

Sec. 2. The capital stock of this corporation or company .--hall Capital -tock.
be §20,000, in shares of 8-50 each, but which stock may be increased
from time to time to .$-300,000, iu such mauner as the Board of
Directors ma}' provide, or as the bj'-laws shall ordain.

Sec. 3. The company is hereby authorized to do a general bank- May conduct
ing business, aud to this end is empowered to invest its capital or fug biisine^i!
other funds in bank or other stock, or bonds, &c., of the United
States, or in bonds of the respective States, or in such other securi-
ties as it may deem prudential, to loan money on real or personal
security, to discount aud deal in notes, bonds, bills of exchange
or other evidences of debt, and upon such terms as the Board of
Directors may establish, or as may be agreed upon between the
parties.

Sec. 4. The company is hereby authorized to receive moneys iu M„y recci%-c
trust or on deposit, for loan, iuvestiueut, &c., and may allow such 1 n'^vest tT e
interest therefor, aud payable in dividends or other forms of dis- •'■"""*'^-
bursertieut, aud at sucii times as may be agreed upon or :is the by-
laws shall prescribe. The company is also authorized to accept and May acc-cpt

, , , ,. ... , . . nnil execute

execute all such trusts, ot every description, as may be committed to tru-iu-.
it by auy person or persons whomsoever, or by any corporation, or
that may be conliiled to it by order of any Court. And it is fur-
thermore authorized to take aud accept, by grant, assignment, Mnyhoi.iand

,. , . , 1111 1 ' I , • di.-ipo.^e of trust

transfer, devise or beijuest, aud hold au}' real or personal estate lu oiate.*.
trust, created in accordance with the laws of this State, and may
execute such legal trusts ou terms that may be established aud that
may be agreed upon by the parties.

Sec. 5. The corporate powers of this company shall be vested in Directors—
a Board of seven Directors, who shall be elected by the subscribers to Sutre*."^ - « n «

5G4 STATUTES AT LARGE

A. I). ]S7J. the capital stock from their own number, as prescribed in Article X,
• ' and annually thereafter, which Board .shall appoint one of its
own number President, and may fill temporary vacancies in their
own body. The Board shall also appoint necessary sub-officers and
agents to serve during its pleasure, and shall prescribe their duties
and compensation, and shall require such bonds and securities as
they may deera proper.

Sec. 6. Each subscriber to stock in the company shall, at such

Pjiymeiit of time as may be designated by the Board of Directors after its^

shines. Organization, pay ten dollars per share upon the stock standing yi

his or her name; and on the first Monday of each calendar mouth

thereafter shall also pay such sum as the Board of Directors shall

determine, not to exceed five dollars per share upon the stock, until

the par value of fifty dollars per share shall have been paid in.

Sec. 7. If an installment called for by the Board shall not be paid

Stock of within ten days of the time designated, the stock of the delinquent

be sold?" ' ° may, at the discretion of the Board, be sold at public auction, and

the proceeds thereof shall be paid to said delinquent after deducting

therefrom all expenses accruing from the sale, and after the j^rorara

amount of the current expenses of the company and the ;>ro rata

amount of its losses shall have been ascertained and paid : Provided,

Issue of cor- That parties whose subscription shall have reached the value of one

stock author- or more shares may be allowed the privilege of having certificates

of stock issued for the amounts so paid in, and the surplus, if any,

refunded.

Sec. 8. When fifty dollars, or the par value of stock, shall have
been reached by payment of installments, or otherwise, scrip or
certificates of stock shall be issued to the stockholders for the num-
ber of shares standing in their names respectively, signed by the
President and Cashier, and bearing the seal of the company.
Mny estfii)ii?h Sec. 9. The Company is authorized to establish branch offices at
>nincio ices, ^^^^i points in this State as it may determine, in which event the
transactions conducted thereat shall be regarded as a part o*f the
general business of the company, and shall be reported to the office
at Charleston as often as the Board may require.
Com mis- Sec. 10. That Albert O. Jones and Josephus WoodruflT are ap-
pointed Commissioners, who, by themselves, or by an agent appointed
by them in writing, are authorized to receive subscriptions to the
capital stock of this corporation ; and when a majority of the shares
shall have been taken, the said Commissioners shall, at the earliest
time advisable after the ratification of this Act, appoint a day of
Moetine and meeting in the citv of Charleston for the purpose of organizing the

organization. ^ 1 • "1 i • 1111 • 1 1 m 1

company, ot which due notice shall lie given to the suoscribers by
said Commissioners at least five days prior to the day of meeting.

sioners.

OF SOUTH CAROLINA. r.O")

At saiil nifcctiiii;, or at soiiio iKlioiirniiiiiiL thereof called ior the ''^- "■ '*'"'•
niiruosf of ()r<ranizati<)ii, the or^raiiization shall be efTectcd suhstan- .' "~~

• ' " _ " _ ^ _ <tr(fiini/,iitif>n—

tiallv as lullows, viz.: l.st. By the adoption of a resolution ac^ccpling '"'w fffei-iL-ii.
this cljartiT. 2d. By adopting bydaws for the government <d' the
olhcers, ttc, of the corporation, and by electing a Board of Direct-
ors. Should any irregularities occur in effdcting said organization
the stockholders may correct the same at any meeting called for the
purpose, due notice as above to be given of the same.

Skc. 11. That the stockholders in this body .shall be liable to the i/uitility of
amount of their respective shares of .stock for the debts and liabili- '"
ties of said corporation.

Sue. 12. This Act shall be deemed a public Act, and shall take
ctlect and be of full force immediately after its passage, and shall
continue in force thirty years.

Ajiproved February 20, 1874.

AN ACT TO Provide for the Payment of Past Due School No. 46).
Claims in the Several Counties of this State.

Section 1. Be it enaoted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in School Coin-
General Assembly, and by the authority of the same, That the iioiify County
School Ci)mniissioners of the several Counties of this State shall amount oi" out-
proceed lorthwitli, upon the passage oi tins Act, to rejjort to the a u c s t- h o o i
County Treasurers of their respective Counties the number and x o v ["m b e r.
amount of past due school claims up to the first day of November, 's'l.jiooi uUiiuiv
187;], remaining unpaid in their respective Counties: /*'"Oi''rff;f^, V{''ove'in'b'^eV.
Tiiat all school claims issued prior to the first day of November, J,^,';'^/" ' '"^'
1872, shall be first paid, as prescribed in this Act.

Sec. 2. The County Treasurers of the several Counties of the
State, upon receiving such re{)orts, shall devote the poll tax col- Coumy Treii-
leclod in their respective Counties to the payment of the claims so said ilnim^
reporteil, ;ui(l also whatever sur[)uis may remain ol the tund raised of poll tu.\.
for the support of the widows and or[)lians of those killed on account mitil'^ imiil iii
of their political opinion in those Counties where such levy has
been made; and should the aniouiil (d" poll tax (Collected in any
County in the first year after the passage of this Act be insullieient
to pay the whole of said claims, then the C'ounty Treasurer (d' sui-h I'.iriinl pnv-
County shall pay out the same pro rata, and ct)ntinue the same from "l,","orso(l oi'i
year to year until the whole amount of such claims shall have been lM.ip"'"tri"ri'ior
paid, endorsing each partial payintMit on each claim, and the party '" '^■"•
receiving such partial payment shall receipt to such Treasurer for

•■)66 STATUTES AT LARGE

A. i>. isr4.

each partial payment, the said receipt to be kept and filed by such
Treasurer as his voucher.

Sec. .3. All Acts or parts of Acts inconsistent with the provisions
of this Act are hereby repealed.

Approved March 3, 1874.

No. 466. AN ACT to Incorporate the People's Building and Loan

Association, of Charleston.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now raet and silting in
General Assembly, and by the authority of the same, That Charles
Corporators. P. Airaar, Richard E. Jacques, Josephus Woodruff, Moses Israel,
Alexander Melchers, George S. Buist, Julius L. Moses, J. U.
Thule, C. E. Jackson, W. H. Jones and B. Hunter, together with
such other persons who now are or hereafter may be associated
with them, be, and they are hereby declared, a body politic and
corporate, for the purpose of making loans of money, secured by
mortgage on real estate or personal property, or by conveyance of
the same to their members and stockholders, by the name and style
Corporate of the People's Building and Loan Association, the capita) stock
'capital stock, of which shall consist of two thousand shares, to be paid by suc-
cessive monthly installments of one dollar on each share as long as
the corporation shall continue, the said shares to be held, trans-
ferred, assigned and pledged, and the holders thereof to be subject
to such fines and forfeitures for default in their payments accord-
ing to such regulations as may be prescribed by the by-laws of said
corporation.

Sec. 2. That the said corporation shall have power and authority
iiencrai pow- to make any such rules and by-laws for its government as are not
repugnant to the Constitution and laws of the land; shall have
such members and succession of members and officers as shall be
ordained and chosen according to their said rules and by-laws, made
or to be made by them; shall have and keep a common seal, and
may alter the same at will ; may sue and be sued, plead and be im-
pleaded, in any Court of law or equity in this State; and shall
have and enjoy all and every right and privilege inciilent and be-
longing to corporate bodies according to the laws of the land.
Sec. 3. That the said corporation shall have power to take, pur-
May hoi.l and chase and hold real estate, and to sell and transfer the same, from
estate.*' ^ '^^^ time to time, to its members, on such terms and under such con-
ditions and subject to such regulations as may be prescribed by the
rules and by-laws of said corporation : Provided, That the real es-

ers

OF SOUTH CAROLINA. 507

tate held by said corporution <lmll not, uiiy time exceed llie value -^- •'• ^'^" '•
of (8*200,000) two liiiiidred tliousutid dollars. ' '

Sicc. 4. That tlie funds of said eorj^oration shall i)e loaned and Invostment
advance<l to the members and stockholders u[)on the security of
real and personal estate, and used in the j)urehase of real estate for
the benefit of its members and stockholders, on such terms and
under such conditions and subject to such regulations as may, from
time to time, be prescribed by the rules and byla^js of said corpo-
ration ; and it shall be lawful for the said corporation to hold sucii
hinds, tenements, hereditaments and personal [)r()perty as shall be
mortgaged or conveyed to them, in good faith, by way of security
upon its loans and advances, and may sell, alien or otherwise dis-
pose of the same, to its members and stockholders, as they, from
time to time, may deem expedient.

Sec. 5 That whenever it shall occur tiiat the funds of the said wiien may

111 • 1 • 1 1 1 1 /> ,' , 1 o ii n o u t

corporation shall remain unproductive and uncalled-ior tor the moneys on
space of two months, the corporation shall have power to loan
whatever amount may be thus on hand to others than stockholders
and members, for such time and at such rates of interest as may be
established by virtue of such rules and by-laws as may be made by
said corporation.

Sec. n. That whenever the funds of said cori)oration shall have Division and

, , , , ,,.,.,... (listrilxition of

accumulated to such an amount that, upon a lair and just division aj^^ois.
thereof, each stockholder and member shall have received, or be
entitled to receive, the sum of (S200) two hundred dollars, or prop-
erty of that value, for each and every share of stock by him or her
so held, and such distribution and division of the funds shall have
been so made, then this corporation shall cease and determine.
This Act shall be deemed a pui)lic Act, and the same may be given
iu evidence without specially pleading the same : Provided, That
said corporation shall have all the rights, and be subject to all the Suhjcct to i>ro-

!• 1 1 • • 1 1 • I » 1 11' • n visions of eer-

Jial)ihties, provided in the Act to regulate the lormatiOQ or corpo- uiin Aui.
rations, passed December 10. 1870.
Approved March .'>, 1S7-1.

AN ACT TO AiTiioKiZK AND EMPOWER F. D. Gkepn to Erect No. 467.
AND ^Iaintaix Gates Across Certain Koads in Lancaster
County.

Be it enacted by the Senate and House of Representatives of the

o. , .. c 1 /^ !• !•••/-. II II 1- . !». tJrccn to

otatc ot feouth (.arolmn, now met and sitting in General Assembly, crtit kuc?
and by the authority of the same, That F. 1). CJreon be, and he is Crook nn.l Lib-

hi 1 • 1 " 1 I 1 • • p r t y 1 1 i I I

creby, autliorued and empowered to erect and maintain gates Roads.

568 STATUTES AT LARGE

A. D 1874. across certain roads in Lancaster County known as the Dry Creek

^^"^^ "" and Lil)erty Hill roads: Provided, That said ;;ate3 shall always be
kept in good repair and constructed in ;«uch manner as will afford
the least trouble in passing tbe same.

Approved March 3, 1874.

No. 468. AX ACT to Incorpohate tht Rising Sons of Bekevolesce,

OF Edgefield County.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That N. P.
Corporator-. Butler, Henry Smith, Sr., Walter Guignyard, Henry Rayford, Jr..
Isora Rayford, William Rayford, H. PL Bonier, Henry Rayford,
Sr., M. H. Harrison, Seymour Butler, Alec Rayford and Mingo
Corporate Peterson, by the name and style of the Rising Sons of Benevolence,
of Edgefield County, and their successors and associates, be, and
they are respectively, incorporated and made and declared a body
politic and corporate, in deed and in law, and as such body politic
Powers and shall have a common seal, and the same at will to alter ; to make

privileges

all necessary by-laws not repugnant to the laws of the land, and to
have succession of officers and members, conformable to such by-
laws ; to sue and be sued in every Court of this State, and to have,
use and enjoy all other rights, and be subject to all other liabilities,
incident to bodies corporate: Provided ahvays, nevertheless, That
the capital stock of said company shall not exceed the sum of
twenty-five thousand (25,000) dollars.

Sec. 2. That this Act shall be deemed and taken to be a public
Act and shall continue in force until repealed.

Approved March 3, 1874.

No. 46!J. AN ACT to Admit Edward R. ^ruRUAY, a Minor, of An-
derson County, to Practice Law in the Courts of This
State.

Be it enueled by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

Edwani B. and by the authority of the same, That Edward B. Murray, a resi-

Murray aflmit- •' . •' ' •'

ted to practiic dent of Anderson Countv, under the age of twenty-one years, hav-
law. . . - . " .

ing been examined according to the rules of Court, and adjudged

to possess the legal and moral qualifications requisite to practice

OF SOUTH CAROLINA. 569

law, be, and he is hereby, lulmittod to all the privileges granted by '^- ^'- ^^'*-
Section 2 (page ')()'2) of the Revised Statutes of South Carolina to '

jiersons applyin;^ for permission to practice as attorneys at law.

Approved Marfli '■), 1874.

AN ACT TO Rei'Eal an Act to Phovide for the lasuE No. 470.
OF Bills Receivable in Payment of Indebtedness to
THE State to the Ajiount of Five Hundred Thousand
Dollars.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authoritv of the same. That an Act entitled "An Act Authority to

., ,, ,." n 1 •l^ •.!• x^-ji.^j '^•'*ue bills rc-

to provide for the issue or bills receivable m payment ot indebten- eeivnbic rc-
ness to the State to the amount of five hundred thousand dollars,"
approved December 21, 1865, be, and the same is hereby, repealed.

Approved March 3, 1874.

AN ACT to Repeal an Act Entitled "An Act to Vest in No. 471.
Isaac G. Lonc the Charter of a Water Course Through
Kingston Lake and Maple Swamp, in Horry County."

• i n I .< 11 II c G.

to vest in Isaac G. Long the charter of a water course through Louk charter
Kingston Lake and Maple Swamp, in Horry County," approved wat e r course

-.11 repealed.

March 20, 1861), be, and the same is hereby, repealed.
A])|)roved March .'3, 1874.

AN ACT to Authorize and Empower Certain Counties to No. 472.
Issue Bonds in Sur.^cription for Preferred Stock of the
LirrLE River and Cheraw Railroad Company.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in Countio." mny

/^ 11 11 111 1- /.I fi-i I 1 ''^■'"•' honiL^ lor

General Assembly, and liy the authority ot the same, 1 hat the several i.rifcrro.l stock

t-i ,■!•"■. 1 1 1 • 1 " 1 T • 1 IT 1 /-ii •'' I'ittlc River

Counties or this ^^tate through whith the Little River and L heraw :in<l I'licraw

Tt •■, 1 r^ 1^ • 1 -11 Railroad Com-

Kailroad Coni[)any are authorized to construct a railroatl, or any ,,;,ny.

570 STATUTES AT LARGE

A. D. 18T4. branch thereof, be, and are hereby, authorized and empowered to

' ~^ '' ^" issue bonds in subscription for preferred stock of the said company,

subject to the conditions and provisions hereinafter mentioned.

County Com- Sec. 2. The Board of County Commissioners of each of the said

order election Counties shall, Within bixty days after receiving a written request

suculLue"' "" to that efi'ect from the proper officers of the said company, endorsed

or approved by at least one hundred legal voters of the County,

order and provide for the holding of an election, by the legal voters

of the County, to decide whether such subscription shall be made;

Amount of the amount of such subscription not to exceed five per cent, on the

subscription ,1^111 1 • 1 /-1 1

limi:ea. asscsscd value or the real and personal property in the County, and

to be made in bonds of the County, bearing interest at the rate of
six per cent, per annum, and payable in thirty years after date.
Manner of The votiug shall be by buUot, which shall be either written or
printed, or partly written and partly printed, and shall contain
either the words "subscription for preferred stock of the Little
River and Cheraw Railroad Company — Yes," or the words "sub-
scription for preferred stock of the Little River and Cheraw Rail-
road Company — No." The election shall be conducted, and the
Returns of Managers shall make the returns, in the same manner as is now
provided by law for general elections. The Commissioners of
Election shall, within ten days after the time of holding the same,
forward to the Board of County Commissioners a return setting
forth the entire number of votes cast thereat, and also the number
of votes cast, respectively, for and against making such subscrip-
tion.
If a majority Sec. 3. If a majority of the entire number of votes cast at the

b*ond"s To be election shall be in favor of making such subscription the Board

issued. of County Commissioners shall immediately cause such bonds to be

printed or engraved, and sign the same, and, also, have the same

countersigned by their Clerk and sealed with their seal ; the said

Registry of bonds shall then be numbered and registered in the office of the

bonds.* ^,jgj.j^ ^j. jj^g County.

Sec. 4. When the said company shall actually commence the
R a ii r o ad construction of a railroad within the County, and shall deposit

companyto ,.,/-, , 1,., -i

give bond to With the County ireasurer 01 the County a bond or the said com-

secure nnytiient

of interest. pany, executed in such a form as shall be approved by the Judge

of the Circuit, in a sum sufficient to secure the payment of the

interest on the said bonds until the said railroad shall be completed

When bonds in the County, the Board of County Commissioners .<hall deliver

ered in ex- the Said bouds to the said company and jfbblish the fact of such

change for pre- , ,. •■ 1 ,». . 1 n i r^ /^ 1 1 • e

ferredstock. delivery in the official paper or the County. On the completion 01
the said railroad in the County the Board of County Commis-
sioners shall receive from the said company an amount of pre-

OF SOUTH CAROLINA. 671

ferred stock of the said company equal to the amount of the said ^- ^- '*^^*
bonds, whic.'h preferred stock shall hear interest at the rate of seven
per cent, per annum.

Sec. 5. The Board of County Commissioners shall invest the invcstincnt
additional one per cent, received from the said preferred stock in one per cent!"
securities \vherel)y the same shall draw interest semi annually ; and
shall also invest the interest received for the same until an amount
shall have accumulated therefrom sufficient to pay the said bonds,
when the said bonds shall be paid and canceled.

Sec. 6. All moneys received as interest on the said preferred Tren.«urer to

111111111 i/-i m 1 •! .hold interest

stock shall be held by the County Jreasurer and paid out on the subje.t to or-

, /.IT-. T n r-t /-I • • 'J*^"" "' Count y

order ol the lioard or County Commissioners. CommLsiionerd

Approved March 3, 1874.

AN ACT TO Incorporate the People's Accommodation Rail- No. 473.
ROAD Company.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That O. H.
P. Fant, K. F. Divver, James J. Gilmer, F. E. Harrison, W. R. Corporators.
Boyles. G. W. Maret, D. Biemann, J. P. Micker, C. E. Watson,
C. Jones, Abel Robins, J. W. Shelor, J. P. Reid, S. M. Pegg,
Samuel Johnson, Henry Kennedy, S. McCully, B. F. Whituer,
B. F. Weims, John R. Cochran, and their associates and successors,
be, and they are hereby, constituted a body politic and corporate, Corporate
by the name and style of the People's Accommodation Railroad
Company.

Sec. 2. That the said company shall have power and authority
to build and construct a railroad from a point at or near the con- Line of roa.l.
fluence of the Tugalo and Seneca Rivers, in South Carolina, to the
town of Walhalla, and also to the town of Anderson, by the most
direct and j)racticable route to each of said towns; to acquire, by
purchase or otherwise, and to hold, own, possess and sell, or other-
wise transfer, real and personal estate. It shall also have all and <; en oral

1 1 • • -1 1-1 powers.

every otiier power, authority, privilege ana right common or neces-
sary to similar corporations, not inconsistent with the laws of this
State or the provisions of this Act.

Sec. 3. That the said corporators shall be ex officio Directors of Directors,
said company, with the usual powers and privileges, including the
power to fill vacancies in their body, should any occur, until said
company is fully organized.

.372 STATUTES AT LARGE

A. 1). 1S74. g£c. 4, That for the purpose of creating the capital rftock of said
\T^ '^. T company, which shall not exceed two niillious of dullars, the said

Subscription r j » ... • > i

to capital sioek corporators, or a majority of them, are hereby aiithorized and em-
powered, so soon after the pa&sage of this Act as may be deemed
advisable, to appoint Commissioners to open books of subscription,
at such times and places and under such rules and regulations as
may be prescribed; the capital stuck of said company to be divided
Subscriptions Into shares of one hundred dollars each, and the subscription
iib'i".^* " ''"'^thereto to be received payable in money, land, labor or material
necessary in the construction or equipment of said railroad, bonds,
stock or other valuable credits, in such manner and upon such
terms as may be agreed betvveeu the said company and such sub-
scribers.

Sec. 5. That the said company shall have full })ower and authority .
May unite or to connect with or cross all other railroads on its proposed line;
wVth°o'thcr and, also, to unite or consolidate with other railroads, either in or
"*'"'■ out of the State, in such manner and upon such terms as may be

agreed between the companies so consolidating: Provided, The same
be not inconsistent with the laws of this State.
Counties in- Sec. 6. That any County or town interested in the construction
subscribe *" to of the People's Accommodation Railroad be, and is hereby, author-
capita ftoc . .^^^j ^^^j empowered to subscribe to the capital stock of said com-
pany, or of any company with which it may unite or consolidate;
said subscription to be made in bond.-- of such County or town and
to be payable in such manner as the people or proper authorities of
such County or town, under the provisions of this Act, shall deem
Aiiiountbest, determine and authorize: Provided, Said subscription shall
imi e( ^^^ exceed five per cent, of the assessed value of the real and per-
sonal property in such County or town : Provided, farther. That no
Majority of subscription shall be made unless a njajority of the qualified voters
to vot'eii/fti'vor of such County or town, after due advertisement of the amount to
of 8u scnption ^^ subscribed and the manner of its payment, shall, at an election
held for the purpose, cast their votes in favor of said subscription.
County Com- For this purpose the County Commissioners are hereby authorized
onicr" election*! and empowered, on the written petitinn of twenty legal voters of
such County or town, to provide for the holding of such election.

Election— The election shall be conducted in the same manner as is now pro-
how conducted ., 1 , , 1. 1 1 - J 1 /. • • i- T-"!

vided by law lor general elections; and the Lominissioners or Jt-lec-
tion, within ten days after the time of holding the same, shall for-
Returns. Ward to thc Board of County Commissioners a certified return,
setting forth the entire number of votes cast thereat, and also the
number of votes cast respectively for and against making such
subscription.

Sec. 7. If a majority of the entire number of votes cast at the

OF SOUTH CAROLINA. •">7:;

elect'wtn shall be in fUvor of making .such subscription the Board of -^- '•• ^'*"'-
County Coninii.ssiouer.s shall ininicdiatcly cause such bonds to be ^^',7^
printed or enjrraved, and sign the same, and also have the game niisxioner!* u>

* *=• ^ ' , ^ h a V e b o n <l ^

countersigned by their clerk and sealed with their seal. The said prcimred.
bonds shall be numbered and delivered to the said c()mi)any on re-
ceipt of an amount of stock of the said company ecpial to the
amount of the said bonds.

Sec. 8. This Act shall be deemed a public Act and continue in
force ninety-nine years.

Approved March 3, 1874.

AN ACT TO Divide the vState into Five Congressional No. 474.

Districts.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That the
State of South Carolina shall be, and the same is hereby, divided
into five Congressional Districts, as follows, to wit: The First Con- Countic?

,-i-w- -fiz-i • /•/-I composing

gres>(ional District to be composed of the Counties of Georgetown, Fiii't Congres-

tir-i|. 1 T--V 1- \T 11 nr • TT /-ii r? 1 J ^'onal District.

>> illiamsburg, Darlington, Marlboro, Marion, Horry, Lhesteriiela

and Sumter. The Second Congressional District to be composed of Second Con-

the Counties or Charleston, Orangeburg, Clarendon and Jjexington. trici.

The Third Congressional District to be composed of the Counties Thinl Cm-

of Richland, Newberry, Abbeville, Laurens, Anderson, Oconee and trict.

Pickens. The Fourth Congressional District to be composed of Fourth Con-

the Counties of Greenville, Spartanburg, Union, York, Chester,

Fairfield, Kershaw and Lancaster. The Fifth Congres.sional Dis- Fifth Con- •

trict to be composed of the Counties of Colleton, Beaufort, Barn- tiict.

well, Edgefield and Aiken.

Sec. 2. That until the next apportionment be made by the Con-
gress of the United States, each of the said Congressional Districts ivuh Disirici.
shall be entitled to elect one member to represent this State in the portionuient,

/-, ,. 1 TT • 1 o ^ f 1 • I ciifitlcil to one

Congress ot the United States. After such new apportionment by uiomber of
Congress, the General Assembly shall divide the State into as many
Congressional Districts as it is entitled to members in the House of
Representatives of the United States.

Approved March o, 1874.

574 STATUTES AT LARGE

A. D. 1874. AN ACT TO Incorporate the Union Bright Light Society,

Cr'^^Crr IN Beaufort County.

No. 47o.

Section L Be it enacted by the Senate and House, of Repre-
sentatives of the State of Soutli Carolina, now met and sitting in
General Assembly, and by the authority of the same, Tiiat L. W.
Corporators. Simmons, William Grant, Andrew Murray, Isaac Heyward, and
their associates and successors, be, and they are hereby, declared a
Corporate body corporate and po'itic, by the name and title of the "Union
Bright Light Society," and that they have power, by their corporate
Powers and name and style, to sue and be sued, to plead and be impleaded, to

privileges. •' ^ .

have and use their own seal and to make their own by-laws, not
inconsistent with the laws of the land, and with power to purchase
and hold real and personal estate to the amount of ten thousand
dollars.

Sec. 2. That this Act shall be deemed a public Act and continue
in force for twenty one years.

Approved March 3, 1874.

No. 476. AN ACT to Charter the Charleston Water and Canal
Company, in the State of South Carolina.

Section L Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That for the
Object of purpose of introducing pure water in the city of Charleston, from
the Edisto River, in a manner deemed most practicable of cutting
a canal at or near Girham's Fetry to a point on the Ashley River
at or near Cypress Plantation, and removing obstructions, deepen-
ing and straightening the latter, so as to render it navigable for
the transportation of the products of the country, a charter, with
To whom the rights and privileges of the same, be, and is hereby, granted to

granted. f * » '' -^ii

the City Council of Charleston, their successors in office, under the
nam'*e';''°'"''*^°ame of the Charleston Water and Canal Company of South
Carolina.
Capital stock. !Sec. 2. The Capital stock of said company shall be one million
and five hundred thousand dollars, in shares of one hundred dollars
each, with power to increase the capital one million dollars, should
the wants of the company so require the same; and in order to
raise the said capital stock, it shall be lawful for the said City
Council of Charleston, or their successors in office, to negotiate
with capitalists for such sum or sums of money as may be ueces-

OF SOUTH CAROLINA. 575

s:iry for carryin- on and complctiii- the public works aforesaid A. D. lH7i.
upon such terms as the majority of the corporuti.ni may — ■ —'
deem advisable; or to open books of subscrij)tion in such places Sulncri . •,
and at such times as may be deemed for the best iiitereat '°"^"''''"'''''''''
of the corporation, or their assigns, the times and places for
receiving such subscription to be determined by a majority of the
corporators; and should a subscription be resorted to for raising
the funds aforesaid, and when one million dollars shall have been
subscribed, notice shall be given to the subscribers of the time and
place of meeting for organization.

Sec. 8. That the City Council of Ciiarleston, their successors in c
office, shall have all the rights and privileges incident to such cor- ^'''''''- ""
porate bodies; and shall be per.nitted to have, hold, purchase and
possess lands, and make sale of the same, or anv property acquired
by them, and shall have authority to impose on ba.-es rafts
vessels, boat, and floats such toll as may be deemed by them fair
and proper for the use of said canal.

Sec 4. This corporation shall have water communication from Li„e..rw..ter
the i^disto River, at Girham's Ferry, to the nearest convenient point ««'"'"»"!-'■
on the Ashley River, or near the point thereon aforesaid, and from '"""
that pmut down the Ashley River, two hundred and fifty feet wide
on both sides of the river, one for the pipe track and 'one for the'
tow path, and may appropriate any land on this route necessary to ... .
promote the objects of this corporation in the transportation of '"'''"'^^''•^■
water along the banks of the canal and a portion of the Ashley
R.ver and from thence to the city of Charleston, and to facilitate
also the transportation of the products of the country such as
wood, phosphates, rice, cotton, lumber, &c., provided they shall pay
a just and reasonable compensation for lauds appropriated for said
purposes, which, if not agreed up(.n between owners or le-al repre-
sentatives of the land and the said company, to be ascertained and
determined in accordance with the provisions of an Act of the
(ieneral Assembly entitled "An Act to declare the manner bv
which the lands or right of way over the lands of persons or cor-
porations may betaken for the use of railroads or other internal
improvements." ratified September 22, 1868.

Skc. 5. That the City Council of Charleston, or their successors
in office, is hereby charged with the preservation of the canal afore-
sanl.an.l the banks of the Ashley River along which the water
pipes may run, from injury or nuisance; with the execution of such
nieasures as may be necessary to preserve and increase the .juantitv nut'u.S.**'^''
of water and keep it pure; with the management, preservation and
repairs of the draws, gates, aqueducts, reservoirs, mains, i.ipes
p.pe-yard and property of every description belonging to the water
00

•)7G ^ STATUTES AT LARGE

A. 11. 1SV4. works; and the purchase and laying down of such mains as the City

"^'^ Council or the majority of them, their successors in office, may

May coil- authorize; and also the construction, repairs and cleansing of all

I'nii'' ci'eiu'isu ^<^^^^^"s '^"*^ Underground drains, and such new sewers as may be

sewers. adapted for the sewerage of the city of Charleston. The said City

Rcsponsibii- Council or their successors in office shall be I'esponsible for the supply
and the order and security of all works from the Edisto liiver to
the head of the canal and the Ashley River to the said city, inclu-
sive; for the exactness and durability of the structures which may
be erected and of the daily work to be perfornjed, and for the
sufficiency of the supply in the pipe-yard to meet every casualty;
for the fidelity, care and attention of all persons employed by the
department in making constructions and repairs.

Penalty for Sec. 6. If any person shall willfully do or cause to be done any

'n"itVo/naV^ ^ ^^^ whcreby any works, materials or property whatever which shall

be erected or used within the city of Charleston or elsewhere by

the said City Council of Charleston, their successors in office, or by

any person or persons acting under their authority for the purpose

of procuring or keeping the supply of water, shall in any manner

be injured, or shall erect or place any nuisance on the banks of the

said canal, shall throw anything into the aqueduct or any reservoir,

or pipes, such person or persons, on conviction thereof, shall be

deemed guilty of a misdemeanor.

Sec. 7. The Citv Council of Charleston and their successors in
Miiy estab- ",

lish water rates office ma}', by ordinance, establish a scale of annual rates, to be

called the " regular rates," and apportion to different classes of
buildings in said city, in reference to their dimensions, value, expo-
sure to fires, ordinary use for dwellings, stores, shops, private stables
and other common purposes, number of families or occupants, or
consumption of water, as near as may be practicable; and modify,
alter, amend or increase such scale from time to time, and extend
it to other descriptions of buildings and establishments. Such
"regular rates," when so established, shall be collected from the
owners of all such houses respectively which shall be situated upon
any lots adjoining any street or avenue in said city in which the
distributing water pipes may be laid and from which they can be
supplied with water. Said "regular rates" shall become a charge
and lien upon such houses and lots respectively as herein provided:
Provided, Such owners shall subscribe to and become water con-
sumers.

Sec. 8, Hotels, factories, stables and other buildings and estab-
lishments which consume an extra quantity of water may, in addi-
tion to the regular rates, be charged with additional rates, to be

23atraT»tes. called " extra rates."

OF SOUTH CAROLINA. 077

Skc. I). The regular aiimial rates which are not paid hulbre the ^^- •'• ^^'i-

first of January in each year shall he suhject to an additional "T^ '

charge of five per cent.; and those rates not paid before the first of f"iiin^""io%ay
April in each year shall he subject to an additional charge of ten '""' ""'*'"
per cent.

Sec. lU. The rules and restrictions for the use of water, printed Rules and
on each permit, shall be notice to the water-takers, and shall how" l^fe
authorize the execution and recovery, by process of law, of any "'''*''
penalties which the City Council and their successors in office may
impose, in addition to cutting off the water, for any violation of rules.

Sec. 11. For the collection of water-rents, to be impo.sed by vir-
tue of this Act, it shall take effect on the first day of October in the Act wh.n
year after that in which the said City Council of Charleston shall ^° ^^^'^ ^^'''<^^-
determine to carry its provisions into effect.

Sec. 12. That this Act shall be deemed a public Act, and as
such shall be judicially noticed in all the Courts of this State.

Approved March 3, 1874.

AN ACT TO Make the Road Leadin(^ from the Murray's No. 477
Ferry Road to the Santee Road, ix Clarendon County,
A PuRLic Highway.

^ Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly
and by the authority of the same. That the road recently laid out
in Clarendon County, leading from a point near J. W. Hilton's
plantation, on the Murray's Ferry Road, by Jos?ph Sprotf.s planta- ^.m-i i.uainK
tion, past Cypress Union Church, crossing Dean Swamp at the Col- t>ro"uo"d u
cluugh place, and Burch i^ranch at the ohl crossing, ami inter- ""'"' ''^'■'•'^^"•^
sectmg the Santee Roa.l near R. D, Thames' store, be, and the
same is hereby, declared and made a public highway.

Approved March 3, 1874.

AN ACT to DE.s,r,NATE tiik Places for the Collection of No. 478.
Tin- T A X I :s I N Y o i{ k Co r n t n .

Be it enacted by the Senate and House of Repreaeutatives of the
btate of South Carolina, now met and sitting in General Assemblv
and by the authority of the same, That the County Treasurer ut'
he County of York, or his deputies, shall attend each of the cSretf/ir'^.T
tollowmg places in said County for at least two davs in each fiscal natcr '^'•"*"

578 STATUTES AT LARGE

A. D. 1874. year for the collection of taxes: Yorkville, Hickory Grove, Block

^""^ ' Station, Beathsaney, Bethel, Clay Hill, Fort Mill, Gates* Taverp,

Pride's Old Mill, McConnellsville and White's Store, and at Rock

Hill four days, and at as raaqy other places as the public good

may require.

Approved March 3, 1874.

No. 479. AX ACT to Incorporate the Ladies' Branch Society, of
St. Helena Island, Beaufort County.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
Corporators, and by the authority of the same. That A. B. Colonel, Edward
Small, Paris Brown, Samuel Middleton, Benjamin Scott, William
Simmons, Bruce Colonel, Toney Danielass, York Polite, Rodwell
Chisolm, and their associates and successors, be, and they are
hereby, declared a body corporate and politic by the name and style
Corporate of the Ladies' Branch Society, for the space of fourteen years, and

name. .

that they shall have power, by their corporate name and style, to
pri\^i'eges! *°^ sue and be sued, to plead and be impleaded, to have and to use
their owu seal, and to make their own by-laws, not inconsistent with
the laws of the land, with power to purchase and hold real and
personal estate to the amount of tweniy thousand dollars.

Approved March 3, 1874.

No. 480. AN ACT to Renew the Charter of the Carolina Mutual
Insurance Company, of Charlf-ston, S, C.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That an Act of the General
Assembly of this State entitled "An Act to incorporate the Carolina
Mutual Insurance Company, of Charleston, S. C," ratified the
sixteenth day of December, in the year of our Lord 1852, be, and
Charter re- the same is hereby, renewed and extended for the term of twenty
years from and after the ratiScation and approval of this Act.

Approved March 3, 1874.

OF SOUTH CAROLINA. o79

AN ACT TO Incoiu'orate the Butciieks' Mutual Aid and ■'^- !>• '*<"*•

PUOTECTIVE AsSOCIATIOX. ^^ ''7~T^

No. 481.
Section 1. Be it enacted by tlie Semite and House of Repre-
sentatives of the StJite of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That Samuel R. Corporators,
Cox, Moses E. Brown, John A. Godfrey, Francis Perry, Richard
Dickerson, Joseph Parker and Benjamin Jones, and their associates
and successors, are hereby made and created a body politic and
corporate, under the name and style of the Butchers' Mutual Aid Corporate

. . . . , . . , f name.

and Protective Association, situated in the city of Charleston.

Sec. 2. And said corporation shall have power to make such power? and
rules and by-laws, not repugnant to the laws of the land, as for the ^"'^^ *'"*^"*
charity, maintenance, protection, order, good government and man-
agement thereof may be deemed necessary and expedient; and shall
have succession of officers and members according to their elections ;
and to keep and use a common seal, the same to alter at will ; to
sue and be sued, implead and be impleaded, in any Court of law or
equity iu this State; to have and enjoy every right, power and
privilege incident to such corporations: and it is hereby empowered May hold and

1 1 111 • • , • . ,„. t'onvey real i

to purchase, have, houl, receive, enjoy, possess and retain to itseli in esute.
perpetuity, or for any term of years, any lauds for the purpose of
interments, or other property of what nature soever, as may be
given or bequeathed or purchased by it, and to sell, cocvey or mort-
gage the Siime, or any part thereof, at will.

Sec. 3. That said corporation may, from time to time, invest

' . . . . nns invest

their moneys, assets or any property which it may acquire in such 'ts moneys.

real and personal propeity, bonds, stocks, or in securities, in such

sums and on such terms and conditions as it may deem proper, and

to execute bonds, Ac, under it-s corporate seal: Provided, That the Value of

' _ _ property whiph

maximum value of all property held or owned by said corporation j! .'"^o" ''»'"•

• ' •' -' ' limited.

shall not exceed forty thousand dollars, ($40,000.)

Sec. 4. This Act to continue in force until repealed, and may be
given in evidence without being specially pleaded.

Approved March 3, 1874.

AN ACT TO IXCORI'OKATK THE Gl-KNN SrKlNOS COMl'ANY. No. 482.

Section 1, Be it enacted by the Senate and House of Repro-
seutatives of the State of South Carolina, now met and sitting iu
General Assembly, and by the authority of the same, That J. R. Corporator--.
Fowler, George P. Copeland, C. M. Miller and W. D. Simpson, of
South Carolina, and such other persons as now are or may here-

580 STATUTES AT LARGE

A. D. 1874. after be associated with them, their successors and assigns, be, and
' they are hereby, constituted a body corporate and politic, by the

Corporate name and style of the "Glenn Springs Company," for the purpose
of developing the mineral springs and water at the locality known
cor'oraUon ^^ ^^ Glenn Springs, Spartanburg County, S. C, and to this end they
are hereby made capable in law, in their corporate name, to have,
Powers and hold, purchase, receive and sell all such property, real and per-
priMcgcs. sonal, as, in their judgment, may be necessary, and to use such other
agencies, not prohibited by law, as the company may deem neces-
sary to carry out its objects.

Sec. 2. That said company may sue and be sued by its corporate
name; make and use a common seal; establish, alter and amend
such by-laws and regulations as it shall deem proper, not in conflict
with the laws of this State.
Capitaistock. Sec. 3. The Capital stock of said company shall be ten thou-
sand dollars, with the right to increase the same to any sum not
exceeding one hundred thousand dollars, and the stock may be
paid in money or real estate, as the company may determine, the
same to be divided into such number of shares as said company
may determine.
Liiibiiities of Sec. 4. That all the property, real and personal, of said com-
pany shall be liable for its debts, and the private property of the
stockholders shall also be liable for the debts of the said company
to the amount of each stockholder's share therein.

Sec. 5. This Act shall continue of force for a period of thirty
years from and after its pas.sage.

Approved March 3, 1874.

stockholders.

No. 483. AN ACT Authorizing the County Commissioners of Wil-

LIAM.SBURG CoUNTY TO LeVY' A SPECIAL TaX.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That the
County Commissioners of Williamsburg County be, and they are
hereby, authorized and directed to levy and collect a special tax of
Annual tax two mills ou the dollar for the fiscal year commencing November

of two mills to ^ , . ,,,.«! 1 1-

pav past in- 1st, 18/4, and continue the collection of the same each succeeding
year until the sum of twenty-five thousand dollars (S25,000) shall
have been collected, said sum to be used exclusively for the purpose
of paying the past indebtedness of the said County.

OF SOUTH CAROLINA. 581

Skc. 2. Thut all persons holding audited claims against said ^- ^- ^^'*-
County be, and they arc horcby, required to file a list of such au- '

,.',..,, , I , . , ^1' nuditcl

dited flauns, witii llie amount and date thereof, in the (office of the < lainm U) U

.-, „, • 1 • • . 1 /• 1/1 r. r'KiHlenid wilb

County Irea.surer, withm ninety days from and after the passage of <'"i"ii.v Trca-
this Act: Provided, That due notice be given for thirty days in the

,. , '/.111 ■'J Notice ot

usual manner or the opening or the books of registry by the said xiime to it c

„, a J J KivL-n.

Ireasurer.
Skc. 3. That it ^hnU be the duty of the Treasurer to pay said ,,<-""'.'••"'* !'">"-

•' i J Ijlt in order ol

audited claims in order of their priority. Dnoriiy-

Sec. 4. That any officer authorized and empowered to carry out peniiity for
the provisions of this Act who shall fail in any respect in the per- tiiis AW."" "'
formauce of such duty shall be deemed to have committed a mal-
feasance in office, and, upon conviction, shall forfeit his office and
be subject to a fine of not less than one hundred nor more than one
thousand dollars, at the discretion of the Court.
Approved March 3, 1874.

AN ACT TO Incorporate the Richmond Guards, of Columhia, No. 484.
South Carolina.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That Frank Corporntors.
Allen and Henry Williams, and their successors in office, be, and
they are hereby, constituted a body corporate and politic, under
the name and style of the Richmond Guards, of Columbia, South Corponur
Carolina, with a capital stock not exceeding the sum of five thou- '""""■
saud dollars, with the right to sue and be sued, to plead and be

, , , . n . !• ..... , , Powers niul

impleaded, in any Court of competent jurisdiction; to liave and use privileges.
a common seal, and the same to alter at will, and with all other
rights, privileges and immunities that are now secured by law to
like incorporated bodies.

Sec. 2. This Act shall be deemed a public Act and shall remain
in force until repealed.

Approved March )>, 1874.

AN ACT to Incorporate the Weetee Rifle Company, of No. 48o.

WlLLIAMSIUR(5 CoUNTY.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitlinjr in
General Assembly, and by the authority of the same. That the Corporator^
several persons who now are, or may hereafter be, officers and

582 STATUTES AT LARGE

A. D. 1874. members thereof, and their successors, officers and members, be, and

•""^ they are hereby declared tu be, a br)dy politic and corporate, by the

Corporate Dame and style of the Weetee Rifle Company, of Williamsburg

name. County, and that they, the said corporation, may, by its corporate

name, sue and be sued, implead and be impleaded, in the Courts of

Powers and this State, aod shall be able and empowered in law to purchase,

privileges. _ ' * '

have, hold, enjoy and possess any goods, chattels, lands, tenements
or real estate of whatever kind or nature .soever, and the san)e or
auy part thereof to sell, alien or convey at their will an<l pleasure:
Provided, hoivever. That the property so held shall not exceed the
annual value of twenty thousand dollars; and the said corporation
shall have power to make a common .seal, with power to change
and alter the same as often as they shall deem necessary, and to
make such rules and regulations for its government as are not
inconsistent with law.

Sec. 2. That this Act shall be deemed and taken to be a public
Act and shall continue in force until repealed.

Approved ]March 3, 1874.

Xo. 486. AX ACT to Incorporate the Petty Rifle Club.

Section 1. Be it enacted Jjy the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in

Corporators. General Assembly, and by the authority of the same, That Edward
Petty, Prince Doctor, James Reese, Xed Wright, Albert Xickson,
Charles Burkin, John Henry and J. Smith, and all persons who
Corporate now are, or may hereafter become, members of the Petty Rifle
Club, be, and they are hereby, constituted and declared a body
politic by the name and style of the Petty Rifle Club.

Powers and Sec. 2. That the Said corporation hereby created and established
shall have succession of oflicers and members according to its by-
laws, and shall have power to make all necessary by-laws, not repug-
nant to the laws of the land; to sue and be sued, implead and be
impleaded, in any of the Courts of this State, and to have and enjoy
every right, power and privilege incident to such corporation ; and
it is hereby empowered to take, hold, retain, possess and enjoy all
such property, real and personal, as it may acquire by purchase,
right, devise, bequest or in any other manner whatsoever, and the
same or any part thereof to sell, alien, encumber, mortgage or con-
vey at the will and pleasure of such corporation: Provided, That
the amount of property, real and personal, so held shall not at any
one time exceed the sum of twenty-five thousand dollars.

OF SOUTH CAROLINA. 583

Skc. o. That this Act shall coiitiiiiH- in foi-cc for the space of ^- ^- ^''^•*-
t'oiirti'oii years and u;itil the nK'etin;,^ of the next General Assembly
thereafter, and that the same be deemed a j)iiblie Act and may be
given in evitlenee without being specially pleaded.

Approved March '.], 1874.

AX ACT TO Renew the Charter of Sullivan's Ferry, in No. 487.
Colleton County, S. C.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the charter granted to j.,i"'i"">^^*'{v'
N. W. Beach for Sullivan's Ferry, iu Colleton County, be, and the Beach renewed
same is hereby, renewed to him, the said N. W. Beach : Pro-
vided, He, the said N. W. Beach, keep the road leading to said
ferry for one mile each way in good traveling order. This
renewal to remain in force for fourteen years after the passage of
this Act.

Approved March 3, 1874.

AN ACT TO Incorporate the Elliott Republican Club, of No. 488.
Barnwell County.

Section 1. Be it enactrd by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That Boston Corporators.
Barker, Henry Barker, Silas Care, Thomas Googe, and all other
persons who now are or may hereafter be associated with them, be,
and they are hereby declared to be, a body politic and corporate,
under the name and style of the "Elliott Republican Club, of Corporate

' nil me.

Barnwell County."

Si.c. '2. That the said corporation shall have power and authority p„„ers and
to make any such rules and by-laws for its government as are p'''^''^f*-"'"'-
not repugnant to the Constitution and laws of the land, and shall
have succession of officers and members, and to keep and use a
common seal, the same to alter at will ; to sue and be sued, to plead
and be impleaded, in any Court of this State; to have and enjoy
every right, power and privilege incident to such corporation ; and
it is hereby empowered to acquire, retain and enjoy all such prop-
erty, real and personal, as may be given or bequeathed to or pur-

of ajisot

584 STATUTES AT LARGE

A. I). IS, 4. chased by it, and to sell, convey or mortgage the same, or any part
^^' thereof, at will.

Investment Sec. 3. That said corporation may, from time to time, invest
moneys, assets or any property which it may acquire in such real
and personal property, bonds, stocks or in sureties, in such sums
and on such terms and conditions as it may deem proper, under its
corporate seal: Provided, That the maximum value of all property
held and owned by said corporation shall not exceed fifteen thou-
sand dollars (815,000.)

Sec. 4. That this Act shall continue in force until repealed.

Approved March 3, 1874.

No. 489. AN ACT to Incorporate the Farmers' Mutual Club, of

Edgefield County.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of tlie State of South Carolina, now met and sitting in
Corporators. General Assembly, and by the authority of the same, That Paul W.
Jefferson, Jack Pickley, George Perrin, Sr., Jordan Hodges, George
Frazler, Pleasant Mills, Archy Melton, Myer Melton, Ned Simp-
kins, Thomas Simpkins, Jr., Anthony Doggett, and their associates
and successors, be, and they are hereby, incorporated and declared
a body politic and corporate, under the name and style of the

name?''""'""'"" "Farmers' Mutual Club, of Edgefield."

Sec. 2. That the said corporation shall have power to elect from

privileges. amoug themsclves such officers as they may deem expedient; and
shall have power to make by-laws for it.* government not repugnant
to the laws of the laud; to use and keep a common seal, and the
same at will to alter; to sue and be sued in any Court of this State;
to have and enjoy every right and privilege incident to such corpo-
rations; and the said corporation is hereby empowereil to acquire,
retain and enjoy all such property, real and personal, not exceeding
in value the sum of twenty-five thousand dollars, as may be given
or bequeathed to or purchased by it, and to sell, convey or mort-
gage the same, or any part thereof, at will.

Sec. 3. That this Act shall be deemed and taken to be a public
Act and shall continue in force until repealed.

Approved March 3, 1874.

OF SOUTH CAROLINA. 585

AN ACT TO Incoim'oka'I'e tiiio Union Rkpublican Widk '^- ''• J**"*-

AwAKK Association of the City of Charleston. ,I '

No. 400.

Section 1. Be it enacted l)y the Semite and House of Repre-
sentatives of tlie iState ol' iSoiitli Carolina, now met and sitting in
General Assembly, and hy the authority of the same, That W. H.
Thompson, A. P. Ford, J. J. Grant, R. B. Artson, S. K. Gaillard, ^""'''orators.
W. R. Jervey, Timothy Hurley, W. A. Grant, C C. Bowen, R. W.
Turner, Aarou Logan, C. J. Andell, J. F. Green and Louis Dun-
nemann, and their successors and associates, be, and they are hereby,
incorporated and made and declared a body politic and corporate,
in deed and in law, under the name and style of the "Union Corporate
Republican Wide Awake Association of the city of Charleston," ""'"''•
and, as such body politic, shall have power to use and keep a com-

111 -11 1 111 1 Powers iind

mou seal, and the same at will to alter; to make all necessary by- privileges,
laws not repugnant to the laws of the land, and to have a succes-
sion of officers and members conformably to such by-laws; to sue
and be sued in any Court of competent jurisdiction in this State,
and to have, use and enjoy all other rights and be subject to all
other liabilities incident to bodies corporate.

Sec. 2.- That this Act shall be deemed a public Act and shall
continue in force until repealed.

Api)roved March 3, 1874.

AN ACT to Incorpohate the Town of Graham, in the y©. 491.
County of Williamsburg.

Sectidn 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, iu)w met and sitting in
General Asseml)ly, and by the authority of the same, That from
and immediately after the passage of this Act, all citizens of tliis ' "'■i''"""'"'"'-
State who may have resided in what has been known as the village Corporate
of Graham's Cross Roads, in the County of Williamsburg, and ""'"^'•
their successors, are hereby declared to be members of the corpora-
tion hereby intended to be created.

Sec. 2. That the said persons, and their successors, shall be a
body politic and corporate, which shall be known and called by
the name of the town of Graham, and the corporate limits thereof Corpornto
shall extend one-half mile in eaeli diri'clion from the tlej)ot of the '""'•■■'•
Northeastern Railroad in said town.

Sec. o. That the said corporation shall enjoy all the powers and |„>w.r^ "^ aVi .i

• privileges conferred, and be liable to all the restrictions imposed, by ivrrri'd^';."^-

an Act entitled "An Act to alter and amend an Act entitled 'An I,7KingJtrcer

586 STATUTES AT LARGE

A D. 1S74. Act to incorporate the village of Kiiigstree,'" approved March 20,

^-^^ A. D. 1809.

Officers. Sec. 4. The said town shall be governed by an lutendaut and

four Wardens, who shall, at the lime of their election, be members
of the said corporation, and shall be elected on the first Monday in
April in each year, five days' public notice thereof being previously

Elector?. given; and all members of said corporation shall be entitled to vote
at any and all elections for lutendant and Wardens of the town of

Election. Graham: Provided, That the first election to be held under this

Managers Act shall be conducted by a Board of three Managers of Election,

to consist of H. Lenud, A. L. Graham and James D. Singletary,

who shall conduct the same, declare the result, giving notice in

writing to the persons so elected as Intendant and Wardens.

Sec. 5. This Act shall be taken and deemed a public Act and
shall remain in force until repealed.

Approved March 3, 1874.

No. 492. AN ACT to Incorporate the Longshoremen's Protective
Union Association of Port Royal.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
Corporators. General Assembly, and by the authority of the same, That I. S.
Grant, Kit Chisholm, Wm. Dennison, Henry Hamilton, Moses
Green, Joseph Hayle, and such other persons as may now or here-
after shall be associated with thein, are hereby made and declared

Corporate a body politic and corporate, bv the name and style of the Long-
name. •'^ .... ,
shoremen's Protective Union Association of Port Royal.

Sec. 2. That the association aforesaid shall have succession of

officers and members according to its by-laws, and shall have power

Povrcrs and to make bylaws not repugnant to the laws of the land, and to

pnvjleges. ■' r to » ^

have, use and keep a common seal, and the same to alter at will;
to sue and be sued, and plead and be impleaded, in any Court in
this State. It is hereby empowered to retain, possess and enjoy all
such property, real and personal, as it may possess or be entitled to,
or which shall hereafter be given, bequeathed to or in any manner
acquired by it, and to sell, alien or transfer the same.

Sec. 3. That this Act shall be deemed a public Act and continue
in force twenty years from the date of its ratification.

Approved March 3, 1874.

OF SOUTH CAROLINA. 587

AN ACT TO Amknd an Act Entitlku "An Act to Altku and ^- ^- '**"'•
Amend an Act to Incokpokatic jhic Vii.lagk op^ Kings-
tkkk."

No. 493.

Be it enacted hy the Senate and House of Representatives of tlie
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That an Act entitled "An Act
to alter and amend an Act to incorporate the village of Kingstree,"
approved March 26, 18G9, be, and the same is hereby, amended by
striking out, in line 2, Section 9, the word "twenty," and insert the scrtf(i"^in ik-'ii
word "forty;" also, insert after the word " exhibition," on sixth"* i"f"i>-
line of same Section, the following words: "Billiard and bagatelle biiiiar'i^"ri)ics
tables, ten-pin alleys, or any other alleys, and livery stables." for]' '"^"^'

Approved March 3, 1874.

AN ACT to Incorporate the Charleston Memorial of Free- No. 494.
DOM Publishing Company.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, noAV met and sitting in
General Assembly, and by the authority of the same. That R. B. Corporators.
Hewitt, T. G. Lane, and such other persons as may or hereafter shall
be associated with them, are hereby made and declared a body poli-
tic and corporate, by the name and style of the "Charleston Me- Corporate

* . . - name.

morial of Freedom Publishing Company."

Sec. 2. That the association aforesaid shall have succession of power^i ami
officers and members according to its by-laws, and shall have power ^'■'^■'••^b''*-
to make by-laws not rei)Ugnant to the laws of the land, and to have
and use one common seal, and the same to alter at will; to sue and
be sued, and plead and be impleaded, in any Court of this State;
it is hereby empowered to retain, possess and enjoy all such prop-
erty, real and personal, as it may possess or be entitled, or which
hereafter may be purchased or in any way acciuircd by it, and to
sell, alien or to transfer the same.

Sec. 3. That this Act shall be deemed a public Act and continue
in force for the term of five years.

Approved March 3, 1874.

688 STATUTES AT LARGE

A. 1). 1874. AN ACT TO Authorize the County Commissioners of
_-] 'TTI^ Greenville County to Sell and Convey Certain Pub-
lic Property in the City of Greenville.

Section 1. Be it enacfed by the Senate and Iiou.se of Repre-
sentatives of the State of South Carolina, now met and sitting in
County Com- General Assembly, and by the authority of the same. That the

inissioiiers to j ^ j j

sell old court Couutv Commissioners of Greenville County l)e, and thev are

h o u s e a n d ■' _ •' " _

frrouud.s. hereby, authorized and empowered to sell and convey the public

property iu the city of Greenville known as the " Old Court House,"

and the ground upon which it stands, upon such terms as they think

Condition oi best for the public interest: Provided, They are able to realize a

fair price for the same.
Proceeds of Sec. 2. In casc of the sale of said property, it shall be the duty
to^piiy past In- ^^ the said County Commissioners to pay the same over" to the
debtedntss. County Treasurer, to be used for County purposes, and paid out,
upon the warrants of the said County Commissioners, upon the past
indebtedness of the County.
Side to be Sec. 8. That it shall be the duty of the County Commissioners
outcry'.'* ''"'^^" to sell the said property at public outcry, after giving thirty days'
public notice of sale.

Approved March 3, 1874.

•No. 496. AN ACT to Require the Treasurers of Certain Counties
Herein Named Annually to Attend at Certain Places
in said Counties for the Collection of Taxes.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
Places for General Assembly, and by the authority of the same. That the

collection of ^^i n -r ■ A .1 1 1 ^ ^1

toxes designa- Ireasurer or Licxington County annually attend two days at the
following places, viz.: Lexington Court House, Spring Hill, Elford'a
and Count's Store, Leesville, J. Shuley's Mills, Howell's Mills,
Dominick's Store, and Assraan's Store, for the collection of taxes.
Union. Sec. 2. That the Treasurer of Union County annually attend

one day at the following places, after having given at least ten days'
public notice, viz.: Draytonsville, Gowdeysville, Going's, Jonosville,
Jasper Gibbs', Cross Keys, Goshen Hill, Fish Dam, Santuc, and
balance of time for collection of taxes at Union Court House,
Greenville. Sec. 3. That the Treasurer of Greenville County shall attend
annually at the following places: Greenville Court House, Grove
Station, McCullough's Store, Fairview, Batesville, AVare's Store,
Chick Springs, Gowensville, Goodwin's Store, Dickey's Store, Al-

OF SOUTH CAROLINA. 589

f'rcd IIooil'^, Double SpriiiL'-s and Betliel, tor tin- colli'ctidn of ■■^- "• ^^"••
taxes.

Sue. 4. That the Trcaj^iiror of Chesterfielil County sliull iittcml ( htsurfioM.
annually at the following places: At Chesterfield Court House,
Chcraw, Cole Hill, Steer Pen Springs, Mount Croghan, Old Store,
Jeflor^on and Alligator, for the collection of taxed.

Sec. o. That the Treasurer of Anderson County shall attend an- Aiia.r.-on.
nually at the following places: Pendleton, Willianiston, Belton,
Honea Patli, Craytonville, Millford's Store, Moffatsville, Holland's
Store, Towuville, Audersonville, Greenwood, Brn.shy Creek and
Calhoun's, for the collection of taxes.

Skc. 0. That the Treasurer of Oconee County shall attend aunu- (leonce.
ally at a point as near the center of each township of said County
as practicable, (after fifteen days' advertisement,) for the collection
of taxes.

Sec. 7. That this Act take effect from and after its passage, and
that all Acts and parts of Acts inconsistent with this Act be, and
are hereby, repealed.

Approved March 3, 1874.

AN ACT TO Amend Sections 23, 25, 27, of Chapter XIX, of No. 4it7.
THE Revised Statutes of the State of South Carolina.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That Chapter XIX of the
Revised Statutes, Sections 23, 25, 27, be amended as follows : Strike "X„vimi>or"

. .1 I i< o .. 1 " u • i. • • ) o »• inserted in lieu

out the word September, wherever it may occur in said Section, „f ••Sepiem-

and insert the word " November."
Approved March 3, 1874.

AN ACT TO Amend an Act Entitlf.d "An Act to Revise No. 408.
AND Amend an Act Entitled 'An Act to Reduce all Acts
AND Parts of Acts to Determine and Perpetuate the
Homestead into Oni: Act and to Amicnd [he Same."*

Section!. Be if enacted by the Senate ami House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That an
Act to revise and amend an Act entitled "An Act to reduce all
Acts and parts of Acts to determine and perpetuate the homestead

590 STATUTES AT X.ARGE

A. D. 1874. iuto one Act and to ameiul the same," approved March 13, 1872,

"' be amended by suhstitutinij in lieu of Section 12 the following :

Separate "And iu case aov woman having a separate estate shall be married

p r o p e r t y ot ■' _ ^ • _

married wo- to the head of a family who has not, of his own, sufficient property

men — when . . . ...

entitled to to Constitute a homestead as hereinabove provided, the said married

b e n e fi t o 1 i 1 1 i • i i 1 1 /■ i • • i i /. r- i •

homestead. woiuan sliall be entitled to all or the provisions and benent'; ot this
Act, so as to exempt all the property hereinabove allowed as a
homestead exemption from attachment, levy and sale under any
execution against her for debts of her own contractini^ ; and in case
of the death of any married woman entitled to homestead as above
dre'n^of *^de- provided, the minor children of such woman shall be entitled to the
ried^ wom'en— right of homestead in the same manner and to the same extent as
To'^homestead. "0^^' pi'ovided by law for the minor children of any deceased head
of a family: Provided, That nothing herein contained shall be con-
property ex- strued so as to allow any one family a greater amount of property
Btead f United! in the aggregate than is allowed in Sections 1 and 2 of the Act
herein amended to the head of any family."

Sec. 2. That Section 12 of the Act herein amended be known
and denominated as Section 13 of said Act.

Approved March 3, 1874.

No. 499. AN ACT to Incorporate the Town of Brunson, in Beaufort

County.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
Corporators. General Assembly, and by the authority of the same, That the
citizens of this State who may be inhabitants of the town of Brun-
son, within the limits hereinafter prescribed, are hereby declared a
Corporate body Corporate. The limits of said town ahall be held and deemed
to be iu the fi)rra of a circle, and a square upon that circle, with
the sides of the square touching the circumference of said circle on
the North, East, South and West; the said circle to describe a
circumference of one-half mile in all directions from the central
point of the intersection of the Port Ro^^al Railroad and Monker
street as the center of said town ; and the streets within the limits
of the said corporation to remain, in regard to number, location
and extent, as now established by law, until altered by lawful
authority.

Sec. 2. That said town shall be called Brunson, and be governed
by an Intendant and four Wardens, to be called the Town Council
of Brunson, and by that name have succession of members, keep a
common seal, take and hold property, (necessary for corporate uses

OF SOUTH CAKOLIXA. *581

only,) sue and be sued, implead uiid be impleaded, and enjoy every -^- !'• i«"«-

rigbt incident to an incorporation. ' < '

Si:c. 3. That the .said Intendant and Wardens shall be always
persons who are constitutionally qualified to vote for members of Quaiincuio.,
the Legislature in this State, who actually reside within the limits "'' '""*"-"'''^-
aforesaid, and have so resided at least twelve months immediately
preceding their election. Before entering upon the duties of their
otHces, they shall take the oath prescribed by the Constitution of
this State, and also the following oath, to wit: " I do solemnly swear oath-.f office
(or affirm) that I am duly qualified, according to law, to exercise the
duties of the office of Intendant Tor Warden) of Brunson, and that
I will equally and impartially discharge the trust reposed in me,
and will use my best endeavors to preserve the peace and carry into
effect, according to law. the purposes of ray appointment: So help
me God." The said Intendant and Wardens shall hold their offices
from the time of their election until the second Monday in Septem-
ber ensuing, and until their successors shall be elected and enter
upon the discharge of their duties.

Sec. 4. That all male persons who are constitutionally qualified
to vote for members of either branch of the State Legislature, and Eimors.
who have been permanent residents in the said town for sixty days
immediately previous to the election in which they offi^r to cast
their votes, (^not, however, including transient boarders and lodgers,)
accompanied with actual residence in the town (which, however,
must be periodical, or intended to be so,) for at least three mouths
previous to the election, shall be entitled to a vote for Intendant
and Wardens of the said town.

Sec. 5. That in case a vacancy should occur in the office of In-
tendant. or any of the Wardens, by death, resignation, removal or Vacancies.
otherwise, or in case of a tie in said election, an election to fill such
vacancy shall be held by the appointment of the Intendant and
Wardens, ten days' public notice being previously given ; and in
case of the sickness or temporary ab.sence of the Intendant, the
Wardens, forming a Council, shall be empowered to elect one of
the Wardens to act in his room during the lime.

Sec. (;. The election of the Intendant and Wardens of said town,
after the first election under this charter, which first election shall Kie.in,,
Ik- held on the second Monday in April, Ls74, in like manner as is
provideu herein for all elections of Intendant and Wardens under
this charter, shall be held at the Town Hall, or some other conve-
nient public place in the said town, on the second Monday in Sep-
tember of each and every year, from ten o'clock A. M. until three P.
M., when the polls shall be closed, and the :\Ianager3'shall forthwith
count the votes, proclaim the election, and give notice in writing to
39

and

582 STATUTES AT LARGE

A. D. 1874. the persons elected. The Intendant and Wardens for the time being

' • ■ shall appoint three Managers to hold the ensuing election, and for

p?o"nfme.7t any subsequent elections. Whenever there shall not be an Intend-
'"' ''"'""• ant and Wardens, or Intendant and Warden, it shall be the duty
of the Clerk of the Court of Beaufort County to order such election
forthwith and appoint three Managers for the same. The Managers
shall, in each case, before they open the polls for such election, take
an oath fairly and impartially to conduct the same ; and the Man-
agers of such election^are hereby authorized and empowered to ad-
minister, if they see fit, an oath to any person ofiering to vote, and
to make all other necessary inquiries, for the purpose of ascertain-
ing whether such person or persons are qualified to vote under this

law. ,.

Sec. 7. That the Intendant and Wardens duly elected and quali-
Judiciai fied shall, during their term of service, severally and respectively,
'"'"''"• within the limits of said town, be vested with all the powers and

jurisdictions of Trial Justices of this State, except for the trial of
civil causes. The Intendant shall, as often as occasion may require,
summon the Wardens to meet him in Council, a majority of whom
shall constitute a quorum for the transaction of business. The said
Town Council shall have full power, under its corporate seal, to
ordain and establish all such rules, by-laws and ordinances respect-
ing the streets, pavements, ways, markets, public buildings, weights,
measures, wells, disorderly places, fire department, police, and in
general every other bylaw, as shall appear to them requisite for the
security, welfare and convenience of said town, and for preserving
health, peace, cleanliness, order and good government within the
same, and to prevent the violation of its ordinances by imposing
Fines. fines not to exceed fifty dollars, or imprisonment not exceeding
forty-eight hours, for each offense : Provided, That no fine above the
sum of twentv dollars shall be collected by the said Council except
by a suit in a Court having jurisdiction : And provided, also. That
no ordinance shall be repugnant to or inconsistent with the laws of
the land; and all ordinances shall be at all times subject to a re-
peal by the Legislature,

Sec. 8. The Intendant and Wardens shall also' have power to
Marshals- elect or appoint a Marshal, and, if they see fit, a Deputy ISIarshal,
r„';V?sTn^i upon such terms as they may deem proper, who shall be duly
''^""''- sworn by the Intendant, invested with all the powers Constables

now have by law, and whose power and authority shall be con-
fined within the limits of the said town, and whose duty shall be
to collect all fines and forfeitures imposed by the Intendant and
Wardens, and to enforce and carry into execution and efi*ect the
by-laws and ordinances of the said corporation, and who shall be

♦^08:;

OF SOUTH CAROLINA.

liable to be reniDved by the said Town CouiumI; uiul the said ••\- D- i'<"'-
Inteiidant and Wardens shall also have power to e.stai)li.-h un ^ • ^
ordinance, whenever they shall deem it expedient, to appoint and
establish a police corps or night watch lor the said town, the
expense of the same to be provided for out of the revenue of the
said corporation.

Sec. 9. That the said Town Council shall have power to establish
a guard house and to prescribe by ordinance suitable rules and G.nnii.o.-.
regulations for keeping and governing the same; and the said Town
Council may, by ordinance, or said lutendant and Wardens may,
in person, any one or more of them, authorize and require any Mar-
shal, Deputy Marshal or police officer, or any Constable specially
appomted, to arrest and commit to said guard house, or other place
of custody, to be designated by the Inteudant and Wardens, for a
terra not exceeding forty eight hours, any person or persons who
may be engaged in a breach of the peace, any riotous or disorderly
con.iuct, open obscenity, public drunkenness, or in any conduct
grossly indecent or dangerous to the citizens of the said town
or any of them; and it shall be the duty of the Town Marshal

and who shall have power to call to their assistance the jjosse comU ^«?^tj'i>vi.,co,„.
tatm, If need be, to aid in making such arrests; and upon failure "■'"''
of .said xMarshal or police officer in the performance of such duty
us required, they .shall, severally, be subject to such fines and
penalties as Council may establish; and all persons lawfully im-
prisoned shall pay the costs and expenses incident to their imprison-
ment and be subject to such fines as Council may impose for the
offense committed.

Sec. 10. That the said Intendant and Wardens shall have full Xui.:.neos
power to abate and remove nuisances in the said town.

Sec. 11. That it shall be the duty of the said Council to keep all
roads, ways and streets within the corporate limits open and in good Dutio. in .. -

repair, and for that purpose they are iuveste.i with the powers fKm'et: •'

vested in County Ouumissioners; and they shall have full an<l
exclusive power to order out all the hands now liable or hereufter
luade liable by the laws of this State, and to require them to work
on the respective roads, ways and streets within the limits of the said
corporation as many days in each year, and to inflict the same fines
and penalties for the non-performance thereof, as is by law now
inflicted by the different Boards of Commissioners in the respective
Count.es in this State; and for neglect of duty therein they shall
be liable to the same penalties as are now imposed on County Com-
missioners: Provided, That it shall not be obligatory on the Town
Council to open any street within the limits of the said town unless

,384 STATUTES AT LARGE

A. IJ. 187!. upon the petition of the person applying for the same, alleging that
— r — ' the said street is necessary for his use and accommodation and that
there is no other direct or convenient access for hira to the business
part of the town, which petition shall be verified by the affidavit of
the applicant and recommended by at least twelve of the taxable
inhabitants of the said town.

Sec. 12. The said Intendant and Wardens shall have power to
-compound with all persons liable to work on said roads, ways and
streets upon the payment of such sura of money as they may deem
a fair equivalent therefor, to be applied to the use of said corpora-
tion. And the Intendant and Wardens are hereby individually
exempted from the performance of road and police duty; and no
person residing within the said town shall be liable to work on any
road without the said limits or be taxed or assessed for the same.
Sec. 13. That the power to grant licenses for billiard tables, to
Lie-en.es. keep tavcms or retail spirituous liquors within the limits of the
said incorporation, be, and the same is hereby, vested in the Town
Council of Brunson, which licenses shall be granted in the same
manner and upon the same conditions as they are now or may here-
after be under the laws of this State; and all moneys received for
licenses, taxes, fines, exhibitions, etc., etc., within the said limits
shall be appropriated to the public uses of said corporation.
Fines-how Sec. 14. That all fines and forfeitures imposed by said Town
.•oiiected. Council under the power vested by law shall be collected by fieri
Sheriff to ex.- facias. The Sheriff for the County of Beaufort for the time being
.ute processes. ^^^ ^.^ ^^^^^^^j deputies be, and they are hereby, authorized to exe-
cute the process of the said Council of Brunson as by law the
Marshal of said corporation might or should now do, having the same
privileges, powers and emoluments and subject to the same duties
and penalties as herein provided: Provided, That all nulla bona
costs incident on any execution issuing from said Town Council
and directed to the said Sheriff shall be paid by said Town Council.
Sec. 15. That the said Town Council of Brunson shall have power
to impose, for the uses of the said corporation, the following annual
Eacofunnu.i taxes: On all real estate within the said limits, except that held for
t.Vx'ation. religious or charitable purposes, a tax not exceeding one-quarter of

oneVr cent.; on all sales of merchandise, and income arising from
factorage, faculties and professions, except the salaries of clergymen
of all religious denominations, a tax not exceeding one-eighth of one
per cent.; on all wheel carriages kept for hire, a sum not exceeding
five dollars each ; on all itinerant traders, a tax not exceeding twenty-
five dollars; also, to prescribe and fix the tax on all shows and
exhibitions within the limits of said corporation. And the said
Town Council shall have power to enforce the payment of all taxes

OF SOUTH CAROLINA. *o8o

aiul assessments levied under aiitliority of this Act against the prop- ^- "• ^'*" '•
erty and persons of all delaiihers to the same extent and in ti>e
same manner as is provided by law ior the collection of the general
State taxes, except that the executions may be directed either to
the Sheriff or the Town Marshal, or other person especially
appointed by Council to collect the same.

Sec. 16. And the said Town Council shall be authorized to bor- Authority t«
row money for educational and corporate uses only, and to assess ^""''^ inonej.
each of the corporators in an amount not exceeding twelve per cent,
on his corporation tax, to aid iu the payment of the principal and
interest of the said debt: Provided, That the funded debt of the
town shall at no one time exceed the sum of three thousand dollars:
And provided, also, That no loan shall be consummated without the
previous concurrence of the voters of the said town, to be ascer-
tained through the medium of the ballot box, after ten days' public
notice, as is provided for in the case of election for lutendaut and
Wardens.

Sec. 17. And that this Act shall be deemed and taken to be a
public Act and shall continue in force until repealed.

Approved March 3, 1874.

AN ACT TO Incorporate the Mutual Aid Associatiox No. 500.
Society, of Charlebton, S. C.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That James
H. Brawley, H. Z. Burkmeyer, Alexander Artopee, Abraham Corporators.
Jones, and their associates and successors, be, and they are hereby,
incorporated and declared a body corporate by the name and style
of the i\Iutual Aid Association Society, of Charleston, South Care- Corpora tf
lina; and by said name and style may sue and be sued in any
Court in this State; and shall have succession of officers and
members, and have a common seal.

»Sec. 2. That thr^ said corporation shall have power to purchase, i-.nvcr? and
receive and possess any real or personal property not exceeding '"^'^'. '"*'*"'"■
twenty-five thousand dollars in value, and Id sell, convey or mort-
gage the same; and to make such rules and by-laws, not repugnant
to law, as may be deemed necessary and expedient.

Sec. 3. That this Act shall be deemed and taken to be a public
Act and shall continue in force until repealed.

Approved March 3, 1874.

')86 STATUTES AT LARGE

Xo. 501.

A. D. 1874. ji^^ ACT TO Authorize and Empower Aaron Logan, John
Vanderpool, B. D. Holme.s, Edward Bennett, Warley
Venning, G. H. Allen and K. B. Singleton to E.stablish
A Wharf at Cainhoy, on the Wando River.

Section 1. Be it enacted by the Senate and House of Represent-
atives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, That Aaron Logan,
John Vanderpool, B. D. Holmes, Edward Bennett, Warley Ven-
ning, G. H. Allen and K. B. Singleton be, and they are hereby.
Authority to authorized and empowered to build a wharf, and collect the usual
.nid collect rate of wharfage on the same, at Cainhoy, on the Wando River,
i^'ainhoy. ° * ^^^ to extend the same as far toward the channel of said river as
may be necessary for commercial business.

Sec. 2. That the franchise herein granted be vested in the said
Charter^in Aaron Logan, John Vanderpool, B. D. Holmes, Edward Bennett,
Warley Venning, G. H. Allen and K. B. Singleton, their heirs,
executors, administrators and assigns, for the term of ninety-nine
years.

Sec. 3. All Acts or parts of Acts inconsistent with this Act are
hereby repealed.

Approved March 3, 1874.

v.lioni vested.

No. 502. AN ACT to Incorporate the Brick Masons' and Plasterers'

Link, of Richland County,* S. C.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority- of the same. That W. J.

Corporators. Myers, Dedford Wells, Robert Martin, Richard Oglesby, Samuel
Perriue, Levi Thompson, Anthony Williams, Henry Parker, John
Pope, George Wallace, William Manigault, George ^litchell, Philip
Dukes, Anthony Bryant, Jacob Kennedy, Henry Smith, W. D,
Myers, Benjamin Reeves, Peter Williams, Lewis Reeves, Isaac
Green, together with such other persons who now are or hereafter
may be associated with them, be, and they are hereby, declared a
Corporate body Corporate, under the name and style of the Brick Masons'

"'""®' and Plasterers' Link, of Richland County, South Carolina, and

shall have succession of officers, and shall have a common seal.
Powers and Sec. 2. That the said corporation shall have power to purchase,

privileges. receive and hold any real or personal estate not exceeding in value
the sum often thousand dollars, and to sell, convey and dispose of
the same; and by its corporate name to sue and be sued in any

OF SOUTH CAROLINA. *587

Court of this State, and to make such rules aud bylaws, notrepug- -^- ^^- '^^'^■
nam to the laws of the land, as may be considered necessary and '

expedient.

Sec. 3. That this Act shall be deemed aud taken to be a public
Act and shall continue in force until repealed.

Approved March 3, 1874.

AN ACT TO Incorporate the People's Building Loan Xo. oOS.
Association, of Charleston, South Carolina.

Section L Be it enaded by the Seoate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by theauthority of thesame. That W. T. Oli-
ver, S, Booker, F. H. Carraand, Daniel Webster, Samuel Bowles, Corporator?.
N. A, Montgomery, Alfred Bernard, G. I. Cunningham, W. J.
Brodie, R. B. Artsou, A. Logan, C. C. Bowen, H. W. Thompson, W.
A. Grant, R. W.Turner, James F. Green, and such other persons as
they may associate with them, be, and they are hereby, declared a
body corporate, by the name and style of the People's Building Corporate
LoaQ Association, of Charleston, S. C, the capital stock whereof ■*''^"^®-
shall be one thousand shares of one huudred dollars each, with Gipital s^ock.
right to increase the same from time to time to four thousand shares,
to be paid by successive monthly installments of one dollar on each
share; but each stockholder shall have the privilege of paying, from
time to time, in advance, the whole or any part of the installments
on his shares, and to receive such semi-annual interest or dividends
on the same as the rules and by laws of the association may establish.

Sec, 2. The said corporation shall have power to make such rules
and bylaws as are not repugnant to the Constitution and laws of oenciMi row-
this Slate; shall have such number and succession of oflicers as ^'^*'
shall be established and chosen according to said rules; may make
regulations for holding, assigning and pledging shares held therein,
and establish fines and forfeitures for default of any payment due
by a stockholder or breach of any of its rules; also to have and
keep a common seal, to sue and be sued, and have and enjoy all
other rights aud privileges incident to corporate bodies, according
to the laws of the land.

Sec. 3. The funds of the said corporation may be loaned to its Investment
stockholders or others, secured by boud aud mortgage of real '
estate and pledge of stock held in it, or may be used in pui'cbase of
real estate on such terms and under such conditions as may be
established by its bydaws; aud it shall be lawful for said corpora-

*588 STATUTES AT LARGE

A. D. 1874. iiQj^ ^Q ]]o\(\ such lands, tenements, hereditaments and stock in
7! ^ . said corporation as it may from time to time purchase, or as may

May acquire '■ - _ _ ■^ •'

and dispose of be mort^aored or conveyed to it as security for loans, and may sell,

real estate. . . . .

alien and dispose of the same to its stockholders or others as it

may from time to time determine; and all loans made by said

Real estate Corporation which shall be secured by mortgage of real estate

'ufvances not shall be understood, held and construed to have been borrowed to

efits^of ^home- V^Y obligations contracted for the purchase of the mortgaged

^^^'^'^- premises, or for the erection of improvements thereon, and shall be

superior to the right of homestead therein.

Sec. 4. The said corporation shall have the right, out of its
Dividends, profits, to declare and pay quarterly, semi-annual or annual divi-
dends on the stock held therein, whether paid up in whole or in
part, according to such proportions as its rules may establish, but
no dividend shall ever be paid so as to diminish its capital stock;
Liability of and the stockholders of the said corporation shall be severally liable

stockholders. a • i , i i i- • i , i i i-

lor Its debts and obligations to an amount equal to the par value or
the stock held by them respectively.

Sec. 5. This Act is hereby declared a public Act and shall

continue of force for the term of twenty years: Provided, however.

That the stockholders shall have the right at any time to dissolve

Division and the Said association, first paying all its debts and making final

distribution of ,,..,. , y o • i

assets. pro rata distribution amongst the members oi its property anu

assets.

Approved March o, 1874.

Ko. 504. AN ACT to Amend ax Act Entitled "An Act to Amend
Section 2, Chapter XXV, of the General Statutes of
South Carolina," Relating to Number of Trial Justices
of Certain Counties Therein Named.

Be a enacted by the Senate and House of Representatives of the
dumber of State of South Carolina, now met and sitting in General Assembly,
foV* Bar"nwefi! and by the authority of the same, That after " Barnwell " strike out
^^"orangeburg. the word "eight" and insert "ten ;" and after "Orangeburg" strike
^Lexinrton, out the word "ten" and insert "fifteen;" and after "Lexington"
*^°' Edgefield, s''^^^^ out the word "nine" and insert "ten;" after the word
^B^lau fort. "Edgefield" strike out "twelve" and insert "fifteen;" after the
fifteen. ' ^^^^ "Beaufort" strike out "ten" and insert "fifteen."

Approved March 3, 1874.

OF SOUTH CAROLINA. *o89

AN ACT TO Incorporatk the Charleston Republican Asso- ^- '^- ^'*"^-

ciATioN, OF Charleston, South Carolina. .^^ 'TTl

No. oOo.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That Alonzo Curponitors.
J. Ransier, Albert O. Jones, Timothy Hurley, Josephus Woodruff,
Richard H. Cain, William Gurney, George I. Cunningham, Wil-
liam J. McKinlay, Robert B. Artsou, William R. Jervey, Samuel
A. Gaillard, James F. Green, Charles C. Puffer, their associates,
successors and assigns, are hereby created a body politic and corpo-
rate, under the name and style of the " Charleston Republican Corporate
Association, of Charleston, South Carolina," which corporation shall
have succession of officers and a common seal.

Sec. 2. That said corporation shall have power to i)urchase, re- Power.< ana
ceive and hold any real and personal estate, not exceeding in value ^^^""^ ^^'"'"'
one hundred thousand dollars, and to sell, convey and dispose of the
same, and by its corporate name to sue and be sued in any of the
Courts of this State, and to make such rules and by-laws, not re-
pugnant to the laws of the land, as may be considered necessary and
expedient for its government.

Sec. 3. That this Act shall be deemed a public Act and shall
continue in force until repealed.

Approved March 3, 1874.

AN ACT to Empower the City Council of Charleston to No. 50G.
Elect an Inspector General of Timber and Lumber, and
FOR Other Purposes.

Section 1. Be it enacted by the Senate and House of Repre
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That the City
Council of Charleston be, and they are hereby, empowered to elect, Inspector
immediately after the passage of this Act, an Inspector General of rfinVe^r and
Timber and Lumber for the city of Charleston, who shall take the tV'.''i/.*^'^>wcrs
same oath now required by law from the present Timber and Lum- "'" '"'"-'*•
ber Inspectors and Measurers; and shall have supervision and con-
trol over said officers, and not to be interested, either directly or Not to be in-

•j-ii-xi I 1 1 /. -1 11 1 terestedin

inairectly, in the purchase and sale of any timber and lumber, purchase or
The inspector General shall be elected regularly every two years, and lumber,
the first election under this Act to serve to the time of the next an- term of office,
nual election, by the said City Council, of Timber and Lumber In-
spectors and Measurers, and for two years thereafter.

*590 STATUTES AT LARGE

A. D. 1874. gjrp o. That for the purposes of inspectiug aud measuring all

timber and lumber bought and sold within the limits of the city of

City Council Charleston, the City Council of the said city be, and they are

to eniict luws , n , • •

for inr^pection. hereby, empowered to enact the necessary laws for the inspection

Ac. of lumber. , ,. , ■ , i i • /• , t

To i)rcserii)e aud measurement ot the same, to prescribe the duties oi the luspec-

duties of 111- /->• 1 1 1 T 1 >T 1 11

.spector Gen- tor (jrcneral and the Inspectors and Jleasurers, and to regulate the

To regulate fces to be received by such ofKcers for their services : Provided,

Fees' of In- That the fees to be received by the Inspector General of Timber

be^*^ a<kntiona'i and Lumber herein created for the city of Charleston shall in no

or p'urch'^tser.*^'^ way become an additional charge to the seller or purchaser of said

timber and lumber for the inspection or measurement of the

same.

Sec. 3. All Acts or parts of Acts inconsistent with this Act be,
aud the same are hereby, repealed.
Approved March 3, 1874.

No. 507. AX ACT to Incorporate the Stevens Light Infantry of

Charleston.

Section L Be it enacted by the Senate aud House of Repre-

seutatives of the State of South Carolina, now met aud sitting in

General Assembly, and by the authority of the same. That M. D.

Corporators. Brown, W. A. King, P. Proctor, H. H. Brown, C. A. Nelson, and

such other persons as they may associate with them, be, and they

are hereby, declared a body corporate, under the name and style of

Corporate the Stevens Light Infantry, and shall be endowed with all the
name. ....

powers and privileges incident to such corporations.

Sec. 2. That said corporation shall have the right to have, hold
Powers aud and CDJoy real and personal property that may be acquired by pur-
chase or otherwise, to an amount not exceeding twenty thousand
dollars (S20,000j; they may have, keep and use a common seal, the
same to be altered or amended at pleasure.

Sec;. "3. This Act shall be deemed to be a public Act aud shall
continue in force for twenty (20j years.

Approved March 3, 1874.

No. oOS. AN ACT to Incorporate the Toglio Ferry Company*.

Section 1. Be it enacted by the Senate aud House of Repre-
sentatives of the State of South Carolina, now met and sitting in
cJmpany char^ General Assembly, and by the authority of the same. That a ferry be,
tered. j^„j jjjg ganie is hereby, established under the name and style of

OF SOUTH CAROLINA. 591

the Toglio Ferry Company, coniineiicing at a point in the city of ''^- ^- '^''•
Charleston, and toiiehint' at James Island, John's I.-^laml, Wadma- '^ '

^ . Where may

hiw I.slaiid, EdijJto I.<land, Too<(oodoo, and at any other point on the touch.

main hind that the said corn|)any may find important or neeessary Not to inter-
to their interest: Provided, Tliat the said company shall not, in any p'(!^r't"t'i«.'i/''"y
manner, interfere with transportation hy sail or row boats, steamers i,',',at.s,''or "wit'^'i
or flats, nor shall this charter in any way interfere with the ferry island '^Fe"rry
now established across the Stouo River, and known as John's Island '-"">i"^">-
Ferry.

Sec. 2. And the said company is hereby made responsible for Rtsponsibiii-
any damage arisinj^ from delays on the said route other than those * " company.
by accident usually exempted in such cases; and their rates for Rates of
freight shall not exceed the rates now charged by the present car- •''tMght hmiteil.
riers on the route; and this charter shall not take effect nntil said
company shall have filed a certified schedule of their freight charges to file list of
in the office of the Clerk of the Court of Charleston County, which fn'*&^rof-
schedule may be lowered, but not so changed as to be higher than '"^'*^'
they are now.

Sec. 3. That for the purpose of the establishment of the said
ferry company, a charter, with all the rights and privileges inciden-
tal to the same, be, and is hereby, granted to William R. Jervey, Corporators.
Edward Petty, Peter Bright, John Thorne, John B. Connor, James
Hutchinson, Captain Peter Toglio, C. C. Boweu, C. J. Andell, Slier-
nian Smalls, John Vanderpool, A. P. Ford, R. W. Turner, T. Hur-
ley, R. B. Artson, R. Bryan, and their associates and successors,
who are hereby constituted a body politic and cor{)orate, by the Corporate
name and style of the Toglio Ferry Company aforesaid.

Sec. 4. That the said ferry company shall not be entitled to
charge for more than one wharfage on freight carried either from wharfiise.
Charleston to any other point, or from any point to Charleston, or
between any two points on the route.

Sec. 5. The capital stock of said corporation shall be fifty thou- Capital stock,
sand dollars, with the riglit to increase the same, by a vote of the
majority of stockholders, to any sum not exceeding one hundred
thousand dollars. That said corporation shall commence business When t <«
within sixty days after their capital stock shall have been subscribed bujUiJ^.''
and certified to by the Secretary of State, for record in his office,
under the oath of the President and Treasurer of the corporation.

Sec. 6. Tlmt all property, real and personal, of the said corpora- LiaMiity of
tion shall be liable for the payment of tlieir debts. corporation.

Approved ^larch 3, 1874.

592 STATUTES AT LARGE

Ko. 509.

A. D. 1874. AN ACT TO Provide for the Appointmekt of an In-

SPECTOU OF TiMUEU AND Ll'MBEU FOR THE POHT AND HaHBOK

of Port Royal, and to Define His Powers and Duties.

Section 1, Be it enacted by the Seuate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the autliority of the same, That there
sliall be appointed by the Governor of the State, by and with the
Inspector of advice and consent of the Seuate, an Inspector of Timber and Lum-
L umber for bcr for the port and harbor of Port Royal, who shall take an oath
Koya*i — ap- that he will not, during his term of office, be directly or indirectly
pointmento. JQ^erested in the ownership, purchase or sale of any timber or lumber
brought to the port of Beaufort. The said Inspector of Timber and
Lumber for the port and harbor of Port Royal shall be appointed
by the Governor, by and with the advice and consent of the Senate,
for the terra of two years, and shall have authority and power to
appoint such deputies as he may deem necessary and fit.

Sec. 2. The duties of the Inspector of Timber and Lumber so ap-
pointed shall be to keep an office in the town of Port Royal, which
Office hour?, shall be open from eight o'clock A. M. to one o'clock P. jNI., and
from two o'clock P. M. until five o'clock P. M. The Deputy Inspect-
ors of Timber and Lumber appointed by him shall receive their
orders from him and shall promptly obey the same. All timber
All arrivals and lumber arriving within the limits of the port of Beaufort shall

of timber and i , i • i i • i i? xi i r i- »

lumber to be be reported to hira, he keeping a record or the number or rarts, the
him. name of the owner of such rafts, by whom reported, and the time

when reported; and it shall be his duty to assign one of his duly-
appointed Deputy Inspectors to inspect and measure such raft. All
timber and lumber arriving within the limits of the town of Beau-
fort, not in rafts, shall, before being oflTored for sale, be reported to
the said Inspector of Timber and Lumber, and he shall at once
Deputy In assign somo one of his duly-appointed deputies to inspect and mea-
ineiisure the sure the same, he keeping a record as before stated. He shall make
out all survey bills, and sign the same officially, keeping in his
office a copy of the same. He shall collect all bills for inspection
and measurement, and be responsible to his subordinates for the
Inspector and Same. Under no consideration shall the said Inspector, or any of
be*^ ''"interested his Subordinates, be allowed any interest whatever in the ownership
lumber otferod of any timber or lumber oflfered for sale in the port, unless by per-
01 sa e. mission of the Town Council, to whom they must first apply.

Sec. 3. That the said Inspector of Timber and Lumber shall be,
May appoint and he is hereby, on his own responsibility, authorized and empow-
epu les. ^^^j ^^ appoint as many and such deputies as he may deem to be
necessary and proper.

OF SOUTH CAROLINA. 593

Sec. 4. That all square-hewn shipping timber must be measured ^- ^- i""'-
at the middle of the slick. Mill timber must be measured at one- .^^ '' ^

U 11 1 c fl f o r
third TrDin the top or small end, and marked when measured ; and niciinurcmen t

mill or round logs measured at the top or small end.

Sec. 5. All defects in any timber, such as loose, hollow, rotten or D oCoct i \e
other defective knots, red rot, rotten butts, cat faces, ring, wind or uVar^k'ed uud
heart shakes, are to be marked on the margin of the survey bill as
defects; and all defective timber shall be sold as such, and at such
prices as may be agreed upon between the buyer and seller; and to
ascertain if any timber is defective, the Inspector or his deputy
shall cut from each raft one or more logs and examine the bottom
of such log or logs, and, if found defective, then he shall proceed
to examine each log in the same wa}'.

Sec. 6. Sufficient allowance to square the stick must be made in AiiowaiK-e—

^, /• 1 1 11 when and liow

the measurement ot umler-hewn square lumber. mjide.

Sec. 7. In the measurement of timber and mill logs, the Inspec-
tor or his deputy must make allowance when the stick is crooked,
so that in cutting up the miller can obtain the measurement it calls
for.

Sec. 8. All sticks of timber shall be distinctly marked with Private mark
the size and length and private mark of the Inspector or his
deputy.

Sec. 9. All rafts of timl)er must be classified number 1, 2, '^, and so Timber— how
marked on the Inspector's bill ; all defective logs must be marked
on each log or stick which is defective. No. 1, or shipping timber,
must be well and smoothly hewn to square edge, and clear of wane,
score bucks and injurious axe marks, square-butted, and not have
more than one inch taper to every running twenty feet. No. 2, or
mill timber, will comprise all square timber not coming up to the
requirements of shipping timber, and in measurement throwing off
the wane. No. 3, or mill logs, will be known as sound or scotted
logs, and in measurement must be squared from the smallest diame-
ter of the log. The Inspector and his deputies shall invariably
exclude pin holes in taking the length of timber or lumber.

Sec. 10. The Inspector, or his deputy or deputies, sli;ill be noti- Tohc notified

fi1 c ,\ 1 r .• • 1 /• 1 • 'i • of defective

ea ot llie detective timl)er lound in tlieir nicasiiiement, not so tiiubcr.

marked, within thirty days from the day of sale.

Sec. 11. In all cases of dispute as to measurement or inspection, I>eei.<ion <.f
that of the Inspector shall be final; and, when requested to do so, ouse ofdi^i'imtc.
it shall be his duty to resurvey and inspect and measure any tim-
ber or lumber which may be the cause of dispute.

Sec. 12. The Inspector shall be a competent surveyor, and shall Ouaiifio.itioii

,,..,,., 1 , 11 . , . ""'I bond of

give a bond ot nve thousand dollars, with two or more sureties, to luspecior.
be approved by the Board of County Commissioners.

594 STATUTES AT LARGE

Fees.

A. D. 1874. gEc_ 13 The fees for the inspection and measurement of all tim-
ber and lumber within the limits of the town of Beaufort .^hall
be ten cents per thousand feet, board measure ; five cents shall be
paid to the Deputy Inspector, and the remaining five cents to be
paid to the Inspector. In case of sickness or absence of the In-
spector, the Inspector shall appoint one of his deputies to act as
Inspector.

Sec, 14. All lumber brought to the Beaufort market for sale
All lumber shall first be marked by said Inspector or one of his deputies ; and

offered for sale m • i i i ^ i • i • i ■ i

must be mark- any one oiiering any such lumber tor sale without its having been
previously so marked and measured shall be subject to a fine here-
inafter provided. If any such lumber be raft lumber, and is sold
in raft or rafts or bulk, then the Inspector shall take the length
' and width and count the number of tiers, reducing depth to inches,
in each raft, which raft shall be numbered and marked witli the
Inspector's or his deputy's own cipher or private mark, and for

Fees for same, which he or his deputy shall be entitled to ten cents per thousand
feet (board measure) net for all lumber so measured; and of said
amount, if he be a deputy, he shall pay to the Inspector four cents
for every thousand feet so measured. Of all lumber brought to the
town of Beaufort for sale, otherwise than in raft or rafts, each piece
shall be inspected and measured, and the contents marked on it, by
either the Inspector or one of his duly-appointed deputies, whose
Cias^^ification duty it shall be to classify all such lumber, making two classes, mer-
chantable and refuse, unless otherwise agreed upon between buyer
And seller, viz.: 3 4, 4-4, 5 4, 6 4, 7-4 boards, showing 2 3 heart on
heart side, clear of black sap, shakes, splits, red or rotten wood,
worm holes, defective knots and wane edges, shall be classeil as
merchantable, and all below this standard shall be classified as
refuse. It shall be the duty of the Inspector, or his deputy, that
when a board is not full 5-4 it shall be measured 4-4, and that when
a board is not sawed parallel it shall be measured at the narrowest
part of the board.

Skc. 15. All two-inch, three-inch and f;)ur-in( h plank and other
What fins>ed lumber, clear of shakes, splits, rotten or red woud, worm holes and

merchantable. , ^ . , i • r> .-. i i • i i i •

defective knots, showing 2-.] heart on heart ^nie and being square-
edged, shall be classified as merchantable, and ail other blank lum-
AVhat refuse, bcr not comiug up to this standard shall be classed as refuse.

Skc. 16. The Inspector or his ileputy shall render to the owner or

Survey bill. Seller a survey bill, showing the number ami kind of pieces of each

Feesfor board kind and quality; and he shall be entitled to and receive a fee of

thirty cents per thousand feet, board measure, for every thousand

feet measured, and out of said amount the Inspector shall receive

five cents for every thousand feet, the entire fee to be paid by the

OF SOUTH CAROLINA. 595

owner or sollor: Provided, That the fees to l)e received by the In- '^- ^'- ^*"^-

spector of Timl)er and Lunilier her in created siiall in no way

become an additional cliarife to the selh-r or purchaser of said

timber or lumoer for the inspection or measurement of the same.

Skc. 17. Any depnty making a wrong measurement, the same Pcimify for
, _ 1 1 /• 1- I fiil.su incu^^ure-

bciiii,^ reported to tiie Inspector and he iinding the measurement mont.

wrong, shall not be entitled to any fee for the measurement of said

timber or lumber, and the fees, if already collected, shall be re-

turnt'd to the owner or seller; and if the deputy shall be reported

a second time f()r wrong measurement, he shall lose bis fees and be

discharged as deputy for the town of and harbor of Port Royal.

Sec. 18. Any one violating the provisions of this Act shall be
subject to a fine, to be imposed by any Court of competent jurisdic-
vtion, of one hundred dollars for each and every offense so cora-
mitteil.

Skc. 19. All Acts or parts of Acts conflicting with the provisions
of this Act are hereby repealed.

Approved March 3, 1874.

AN ACT TO Incorporate the "Victoria Railroad Com- No. 510.

■ PANY."

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That for the
purpose of establishing a railroad from some point on Colleton Neck, Line of road,
near the junctiosi of the Chichessee and Colleton Rivers, in Beau-
fort County, to some point on the Savannah River, in the same
County, opposite or near the city of .Savannah, Georgia, a charter,
with the rights and privileges incidental to the same, be, and the
same is hereby, granted and vested in N. B. Myers, A. A. Aspin- Corporator.*,
wall, J. D. Robertson, W. J. Bowen, John Leith, R. F. Gleaves, J.
J. Wilson, J. Mitchell, and their associates; and when a company
shall be formed in com|)liance with the conditions herein pro-
scribed, it shall be known bv the name of the "Victoria Rail- Corporate

• 1 name.

road Company," and shall have a corporate existence as a body
politic.

Sec. 2. That the capital stock of said company shall be five mil- CaiMi:il:«toi-k.
lion dollars, (§5,000,000,) in shares of fifty dollars each; and in
order to raise the said capital stock it shall be lawful to open

596 STATUTES AT LARGE

A. D. 1S74. books of subscription in such places and at such times as may be
,; T ' , , deemed for the best interests of the corporation, under the direction

Hooks of sub- _ ^

«.:ii|.tion. of the corporators, the times and places for receiving such sub-

scriptions to be determined by a majority of the corporators; and
the subscription books shall be kept open for twenty days from
such time and at such places as said corporators may determine
that on each share of the stock subscribed the subscribers shall
pay one dollar to the corporators, who shall deposit the same in
some national or State bank. When fifty thousand dollars shall
have been subscribed, any four of the said corporators shall give
notice, by publication for at least ten days, of the time and place of
meeting for organization.

Sec. 3. Whenever the said sum of fifty thousand dollars shall
have been subscribed, the subscribers, their executors, administra-
tors and assigns, shall be, and they are hereby declared to be,
.Invested with incorporated into a company, and all the rights and privileges and
privileges con- powers granted by the charter of the Spartanburg and Union Rail-
t Yr^ o n^ Spar- road Company to that company shall be, and are hereby, granted
U "To n Ra"ii- to the Victoria Railroad Company, subject to the conditions therein
^^^' ' contained, except in so far as the special provisions of this Act

modify or vary the same: Provided, That nothing herein contained
shall be so construed as to exempt the Victoria Railroad Company
from the provisions of Section 1, Chapter LXIII, of the General
Statutes, nor to exempt the said company from the payment of
taxes.

Sec. 4. That all questions concerning the right of way of said
Right of way, railroad, when the company and land owners cannot agree touch-
ing the same, shall be determined in the same manner as is provided
by the tenth Section of an Act entitled "An Act to authorize
the formation of the Spartanburg and Union Railroad Company,"
ratified on the seventeenth day of December, 1847, (S. L., Vol. 12,
p. 479,) for determining questions of right of way of said railroad.
In all cases of appeal for assessments by Commissioners, full costs
shall be awarded to the party prevailing, and the collection thereof
enforced as in cases of trespass.

Sec. 5. That this Act shall be held and deemed a public Act
and shall vest and continue in said company for and during the
term of fifty years, to be computed from the time of the corporate
existence of the company.

Approved March 3, 1874.

how obtained.

OF SOUTH CAROLINA. 597

AN ACT TO Incorporate THFo Saluda Maxufacturinc; Com- a. d. 1874.

PANY, of Lexington County. ■

No. oil.
Section 1. Be it enacted by the Senate and House of Represent-
atives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, That William Corporator..
Johnston, John B. Palmer, and others, and their associates and suc-
cessors, are hereby made and created a body politic and corporate,
under the name and style of the Saluda Manufacturing Company^ Corporate
for the purpose of manufacturing cotton yarns and cloths, paper, "oXect.s oi
and such other fabrics as the demand of the community may re- ^'^''P'""'**'""-
quire, and for procuring and making such machinery to carry on
such manufactures, and also for the transaction of all such business
as may be connected with the above purposes, with a capital of Capital sto.k
three hundred thousand dollars, with the privilege to increase it to
any extent not exceeding six hundred thousand dollars, the consent
of a majority of the stockholders being first had and obtained.

Sec. 2. That the said corporation may purchase and hold such m,v aon„ir.
real estate as may be required for their purposes, or such as they i^e^ai e^utif''' "'"
may deem it for their interest to take in settlement of any debt due
to them, and may dispose of the same; and may erect such mills, Mav erect
machine shops and other buildings thereon as may be deemed neces- shops! Tc'"'"'
sary; and may sue and be sued, have and use a common seal, and General
make such by-laws for the regulation and government of said cor- ''°'^"'-
poration, not inconsistent with the Constitution and laws of the
United States and of this State, as may be deemed necessary, and
shall have, generally, all the rights, powers and privileges "in law
incident or appertaining to corporations.

Sec. 3. That this Act shall be a public Act and shall continue
in force during the term of thirty years.

Approved March 3, 1874.

AN ACT to Amend Section Seventy-Four (74) op an No. 51 •>
Act Entitled "An Act to Grant, Renew and Amend
THE Charters of Certain Towns and Villages Therein
Mentioned," Approved March 9, 1871, Relating to the
Village of Lancaster.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That Section seventy-four (74)
of an Act entitled "An Act to grant, renew and amend the charters

( 40

598 STATUTES AT LARGE

A. D. i«7i. of certain towns and villages therein mentioned," approved March
^' 9, 1871, be, and the same is hereby, altered and amended, by

striking out the words "one mile," iu the tiiird line, and inserting
in phice thereof the words "one-half mile," so that the said Sec-
tion, in the part hereby altered and amended, will read as follows:
Village of'<Xhatthe village of Lancaster, extending one-half mile in every

Ijiiiicaster. eor- _ _ ° ^ ^ _ -^

iKirate limits, direction from the court house, be, and the same is hereby, in-
corporated by the name of the village of Lancaster."

Approved March 3, 1874.

No. 513. AN ACT to Regulate the Assessment of and Collection
OF Taxes Upon the Real Estate of Map.ion County.

Whereas great irregularities have been ascertained to exist in the

Preamble, assessment and valuation of the real estate in Marion County; and

whereas, in consequence of the extent of these irregularities, adequate

redress cannot be afforded to aggrieved taxpayers by the hearing

of individual applications for relief; therefore,

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting iu
General Assembly, and by the authority of the same, That the taxes
Taxes on leiii heretofore provided to be collected upon the real estate in said
collected on as- Couoty for the fiscal year commencing the first day of November,
'iH-2. one thousand eight hundred and seventy-three, be levied upon the

assessment of the real estate of said County upon which the taxes
thereon were levied for the fiscal year commencing the first day of
November, one thousand eight hundred and seventy-two, instead of
upon the assessment thereof made in the year one thousand eight
This piovis- hundred and seventy-three; and that this Act apply as well to such _
fo"tax^e>f'*ai- persons as may have heretofore jmid their taxes for the present fiscal
ready pan . ^^^^ ^^ ^^ those whose taxcs have not yet been paid.

Real estate ^EC. 2. That a reassessment of the real estate of said County be

ihisy'^aT!'^*^''^^^ made during the present year, one thousand eight hundred and

seventy-four, at the time provided by law for the assessment of per-j

aonal property.

Sec. 3. That all Acts and parts of Acts inconsistent with thisi
Act be, and the same are hereby, repealed.

Approved March 5, 1874.

OF SOUTH CAROLINA. 599

AN AQT TO Incorporatk thk Loxu Cane Manufacturing -^- ^'- i^"-*-

Company, of South Carouixa. — • ^~^

I No. 514.

Skction 1. Be it enacted by the Senate and Plouse of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That John M.
Reith, John Anderson, William McKay and William Spruil, an<l Cori.omtf.rs.
such persons as now are or hereafter may be associated with them,
their successors and assigns, be, and they are hereby, constituted a
body corporate and politic, by the name and style of the "Long Corporate
Cane Manufacturing Company," by which name and style they are """"'•
hereby made capable in law to have, hold, purchase, receive, work,
sell, mortgage, lease, enjoy and retain to them, their successors and
assigns, lauds, buildings, machinery, and goods and chattels of
whatsoever kind they may deem conducive to the object and inter-
est of the said corporation, which arc the manufacturing, dyeing, ob-ects f
printing and finishing of all goods made of cotton or wool, or of '-■°'"p°'''**'°"-
which cotton or wool may form a part, and the transaction of all
such business as may be necessarily connected therewith, in Abbe-
ville County.

Sec. 2. That the said corporation, by their name and style afore-
said, may sue and be sued, plead and be impleaded, in any Court ({eneni
of this State; make and use a common seal, and alter and chauo-e '""^ers.
the same at their pleasure, and make and establish such by-laws
and regulations, and such alterations and amendments thereof, not
in conflict with the Constitution or laws of this State, or of the
United States, as they may deem proper.

Sec. 0. That the capital stock of the said corporation shall be
fifty thousand dollars, with the right to increase the same, by the r„,it„i >-t...k.
vote of a majority of the stockholders, to any sum not exceeding
one million dollars ; that the said corporation may commence busi-
ness at any time after their capital stock shall have been subscribed
and the fact thereof ccrtificl to the Secretary of State, for record Ce.-iiticate to
in his office, under the oath of the President and Treasurer of the 1- ' ?'„'';' y" '^o'"?
said corporaiiou. which capital stock may be paid either in money, •'^t^'fe's office,
real estate, machinery or any otiier kind of property, the same to
be divided into such number of shares as the said corporation shall
determine, und the shares to be assignable and negotiable under
such rules as the said corporation shall prescribe.

Sec. 4. That there shall be annual meetings of the stock- Annual mv,«f-
iiolders at such time and place as they may designate, for the pur- Xe'/f'''" "^
poose of chosing a Board of Directors, to consist of not less than
three nor more than seven, each of whom shall be a stockholder,
and a President and other officers of the said corporation, who

600 STATUTES AT LARGE

A. D. 1S74. niay be members of the said Board of Directors, to manage their
'^^^ afldirs.

Location of Sec. 5. That the said corporation shall keep an office at their
principal manufactory in Abbeville County, which, for all judicial
purposes, shall deemed their location ; and all meetings of the
stockholders and Directors may be held at such places in this State
as shall be directed by the by-laws of the said corporation.
Invested with Sec. 6. That the said corporation shall have all the rights and

rightsand -.i n •

privileges con- privileges granted bv law to other similar manufacturing companies

lerred on simi- do , %, , ^ ^ i i- i • j

lar institu- in this State; and all the property, real and personal, or the said
corporation shall be liable for the payment of their debts ; and the
Liability of private property of the stockholders shall be liable for the pay-
ment of the debts of the said corporation to the amount of stock
subscribed by them respectively and not actually paid in money or
in property at the time of the commencement of the suit against
them.

Sec. 7. That no part of the capital stock of the said corporation
Capital not to shall at any time, or under any pretense, be loaned or divided
stockh'oiders. amoDgst the stockholders, nor shall any part of the said capital
stock be withdrawn by the stockholders while any liability of the
said corporation remains unpaid, or any dividend be declared ex-
cept from the net earnings of the said corporation.

Sec. 8. That each stockholder of the said corporation shall have
Manner of one vote for each share of the capital stock he may hold or repre-
^° *°^' sent at any election for a Board of Directors, or otherwise, and at

any other meeting of the said corporation.

Sec. 9. That if any stockholder shall refuse or neglect to pay
any installment assessed on the share or shares of capital stock held
by him for the space of sixty days after the time designated for
the payment thereof, the Treasurer of the said corporation shall,
Sale of stock under the order of the Board of Directors, sell at public auction
stockholders, such share, or so many of such shares, if such stockholder have
more than one, as may be necessary to pay such assessment and the
proper and necessary expenses attending such sale; and a bill of
sale reciting the facts of the case, and signed by the President, and
attested by the Treasurer of the said corporation, under their seal,
shall be a sufficient transfer of the share or shares so sold to the
purchaser or purchasers of the same, and entitle him or them to a
certificate or certificates thereof.

Sec. 10. That this Act shall be deemed and taken to be a public
Act and shall continue in force for the term of thirty years.

Approved March 9, 1874.

OF SOUTH CAROLINA. 601

AN ACT TO Rkgulate Labor of Phiihons Confined in the ^- ^- ^'^"•■

Penitentiary of the State of South Carolina. ' 7 ^^ X

No. olo.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting ia
General Assembly, and by the authority of the same, That all labor,
of whatever character, which is now being, or may hereafter be,
discharged by any person or persons who are now, or may hereafter
be, confined in the Penitentiary of this State shall be exclusively
discharged by such convicts on labor for the State alone; and the Convicts to
Superintendent and Board of Directors, or any officer or officers of on'^wo^rk'oPthe
the Penitentiary, are hereby prohibited from the letting, hiring or ' ''''^''* -^ '^"*'-
use of any such labor for any purpose or purposes whatsoever, ex-
cept as heretofore provided; and any violation of this Act on the
part of said Superintendent, Board of Directors, or any officer or
officers, shall be an official misconduct, and, on the information of
any person to the Attorney General, he shall immediately com-
mence legal proceedings against him therefor.

Sec. 2. That for the violation of the provisions of this Act, the
said Superintendent, his assistant or employees, or other person or Penalty for
persons, and the party or persons contracting or receiving the ser- of.
vices of said convicts shall be punished, upon conviction before
any Court of competent jurisdiction, by a fine of not less than five
hundred dollars, nor more than one thousand dollars, and impris-
onment for a period of not less than three months nor more than
six months, or either or both, at the discretion of the Court.

Sec. 3. That all Acts or parts of Acts inconsistent with this Act
be, and the same are hereby, repealed.

Approved March 9, 1874.

AN ACT to Incorporate the Stevedores' Association, of No, .~>16.
Georgetown.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That Dandy
Wragg, Edward Keith, George H. Powley, Daniel Armstrong, Cnn'orntors.
George Wilson, Charles H Sperry, James Duncan, and their suc-
cessors, be, and they arc hereby, constituted a body corporate and
politic, under the name and style of the Stevedores' Association, Corponuc
of Georgetown, with the right to work on the Black, Pee Dee, ""'"'^*
Sampit and Waccamaw Rivers, and to regulate and fix the rate of
pay Ibr their labor; with power to make all necessary by-laws,

602 STATUTES AT LARGE

A. I). 1S74. uot repugnant to the laws of the land ; to have and to use a com-
^T^' , DQon seal, and the same to alter and amend at will; to sue and be

Power? and

privileges. sucd, to plcad and be impleaded, in any of the Courts of the State ;
and to have and enjoy all other rights, powers and privile;;jes, and
be subject to all other liabilities, incident to bodies corporate; and
it is hereby empowered to take, retain, possess and enjoy all such
property as it may acquire by purchase, right, devise or bequeath,
or in any other way whatsoever, and the same to sell, mortgage
and convey at the will of such corporation: Provided, hoiverei;
That the value of said property, real and personal, shall not exceed
the sum of twenty thousand dollars.

Sec. 2. This Act shall be taken and deemed a public Act and
shall continue in force until repealed.

Approved March 9, 1874.

No. 517. AN ACT to Make an Appropriation to Pay the Claims of
THE Citizens' Savings Bank, of South Carolina, and the
Central National Bank, of Columbia, S. C, Against the
State of South Carolina.

thousand del- -ipi n • r- • ^ t i '

lars appropri- appropriated lor the payment oi pay certincates issued by the au-

atcd to pay cer- ,. [• \ r-, 14 iii-n ii in

tain claims. thority ot the General Assembly, bills payable or Ireasury notes
of the late State Treasurer, Niles G. Parker, interest on loans and
other evidences of indebtedness, held as claims by the Citizens'
Savings Bank, of South Carolina, and the Central National Bank,
of Columbia, against the State of South Carolina.

Sec. 2. That the State Treasurer be, and be is hereby, directed
State Ti-ea- and required, upon the presentation at his counter by A. G. Bre-
eiaims with in- nizer, Esq., Cashier, or his authorized agent, of the said claims of
Brenize'r. ' " the Said Citizens' Savings Bank, of South Carolina, and Central
National Bank, of Columbia, to pay the same, with all lawful
interest that may have accrued upon said claims: Provided, That
the amount of said claims and interest shall not exceed the appro-
priation herein made.

Sec. 3. That in case there is not sufBcieot money in the Treasury
State Trcasu- to pay Said claims, or auv part thereof, at the time of presentation,

rer may issue , f-, rn ■ 1 ' • 1 • 1 -i • 1 - *

certiticates of the State Ireasurer is herein authorized and required to issue to A.
G. Brenizer, as Cashier, or his authorized agent, upon demand, cer-

OF SOUTH CAROLINA. 60:^.

tilicates of indebtedness to the amount of said claim, wliicli fr-rlifi- ^- ''• ^^*-
cates shall be redeemed by the said Treasurer out of nionevs eol- "^ 'Z

•^ - ( ertififiit<.'>

lected from the taxes for the fiscal year commcncinc: November, r.ciMv.iUie for

° tuxes niid )•(•-

1874, or receivable iu pa^'ment for all taxes or other dues to the <i< pm;ii»i'' m
State for the said fiscal year, except of taxes for school purposes
and interest on the public debt.

Approved ^larch 9, 1874.

AN ACT TO Amend Section Three of Ciiaptek One Hundred No. "ilH.
AND Thirty-three of the Revised Statutes.

Section 1. Be it enacted by the Seuate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That Section
three of Chapter one hundred and thirty-three of the General
Statutes be, and the same is hereby, so amended that, instead of the
punishment in said Section prescribed for the crime of bigamy, every Crime of bij:-

, „ , . 1111 1 -111- iiniy. Iiow pun-

persou convicted ot such crime shall thereupon be punished by im- ished.
prisonmeut in the Penitentiary for not more than five years nor less
than six months, or by imprisonment in the jail for six months.
Sec. 2. This xVct shall take effect upon its passage.

Approved March 9, 1874.

AN ACT TO Regulate the Fees of Probate Judges, Clerks No. ')]\).
of Courts, Trial Justices and Other Officers Herein
Mentioned.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the .same, That the
fees which Probate Judges, Clerks of Courts, Trial Justices and
other ofKcers herein mentioned shall be authorized to receive, in the
several cases herein specified, shall be as follows:

Sec. 2. Judges of Probaf'e. — For petition for letters, <fec., one Kec.< nf .Tmljr-
dollar; for citation, lifty cents ; (lualifying executor, administrator'"""*^ n. i.hic.
or guardian, and issuing letters to same, two dollars; taking bond
of administrator or guardian, one dollar; issuing warrant of ap-
praisement, fifty cents ; proving will in common form, one dollar ;
proving will in solemn form, five dollars; filing and entering re-
nunciation of executor, one dollar; dedimit'^ poteslatem to prove will

(304 STATUTES AT LARGE

A. I>. 1S74. or qualify executor, two dollars ; receiviug, examining and filing
' annual return, one dollar and fifty cents; for first and final return,

each, three dollars ; order for sale of personal property, one d(jllar ;
hearing and filing petition fur guanliau-s, an<l appointment, two dol-
lars; entering caveat and withdrawing sarae, one dollar; for hear-
ing litigated case, three dollars, and twenty-five cents additional for
for each witness examined ; for issuing summons for each witness,
thirty cents; for issuing rule against defaulting witness, or party
failing to account, two dollars; for every attachment issued on re-
turn of such rule, one dollar; for certifying papers and furnishing
proceedings in case of appeal, three dollars ; for proceedings in par-
tition of real estate, five dollars, and fifty cents additional on every
hundred dollars, or fractional part thereof, for which the land may
be sold, or, in case of partition in kind, for which it may be assessed :
Provided, That in no case shall the fees and allowances so received
aggregate more than twenty-five dollars: And provided, further.
That in case of partition in kind, no commission shall be charged ;
for appointing guardian ad litem, three dollars; commissions on all
moneys received and paid out, two per cent, on the first three hun-
dred dollars, and one per cent, on all sums over that amount; for
search for each paper, fifteen cents; for certificate and seal, fifty
cents; for final discharge of executor, administrator or guardian,
two dollars ; for proceedings in dower, inclusive of all charges,
fifteen dollars; for proceedings in lunacy, iuclusive,*five dollars; for
recording all papers proper to be recorded, or furnishing copy of
any paper in his ofliice, per copy sheet of one hundred words, each
figure counting one word, fifteen cents; for proceedings and services
setting off homestead, including title, five dollars.

Sec. 3. Clerks of Courts. — For the trial of every case, two dollars ;

Fees of Clerks for filing papers, twenty-five cents; for entering judgment, fifty
cents; for signing and sealing sub writ, fifty cents ; for administer-
ing oaths, twenty-five cents; for taking and filing bonds in attach-
ment and other cases, one dollar ; for signing and sealing commis-
sion to examine witness, one dollar; for recording plats under order
of Court, one dollar; for rule of survey, fifty cents; for each official
certificate under seal, fifty cents ; for issuing attachment for con-
tempt or other special writ, one dollar; for signing and sealing writ
of habere facias possessionem, fifty cents ; for receiving and paying
over money officially, under three hundred dollars, two per cent.;
over that amount, one per cent.; on bill nolle prosequi, before given
out, one dollar; on bill thrown out by grand jury, or found and
nolle prosequi, abated, discontinued or struck off, two dollars ; on bill
found and verdict by petit jury, three dollars; issuing bench war-
rant, one dollar and fifty cents ; issuing each execution in sessions,

OF SOUTH CAROLINA. 600

one dollar and fifty cents ; signing,' ami Healing writ of habeas corpus, ^- ^- ^'^^•
onr dollar and fifty ct'iit.s; issuing warrant or taking recognizance, ^^^"^
or otluT services in the sessions, the same fees allowed to Trial Jus-
tices; each writ of venire facias, iufliiding all services incident to
summoning jurors, two dollars and fifty cents; preparing and issuing
certificates for grand and petit jurors and Constables, and witnesses,
and furnishing returns to County Commissioners for each week of
every term of Court, five dollars; furnishing advertisement in case
of escheat, exclusive of printer's bill, three dollars; for advertising
and giving notice to Managers of Elections, six dollars; for licenses
to an attorney, all incidental services included, five dollars; filing,
recording and entering notice of alien's intention to become a citi-
zen, one dollar; filing report of alien, one dollar; administering oath
of intention, one dollar ; filing and entering application to become
a citizen and administering oath, two dollars; for giving certificate
of citizenship, one dollar; for taking renunciation of dower or in-
heritance, two dollars; for official record of estray, and filing papers,
one dollar; every search for a paper, fifteen cents; every search,
with certificate, fifty cents; swearing Trial Justice or Constable in
office, and certificate and taking bond, one dollar and fifty cents;
recording the bonds of County officers and certifying to same, one
dollar and fifty cents; for every probate, in writing, twenty-five
cents; for signing dedimns potestatem, two dollars: for copying
papers, per copy sheet of one hundred words, each figure counting a
word, fiiteen cents; for signing and sealing each execution and
renewal, fifty cents; for copying and recording deeds, mortgages
and other papers, per copy sheet of one hundred words, each figure
counting a word, fifteen cents ; for every certificate on deeds or other
papers, twenty-five cents; on every appeal from Trial Justices, all
services included, two (hdlars; for entering satisfaction on mort-
gages, fifty cents; for recording or copying plats of not more than
six corners, one dollar; for every corner more than six, ten cents;
for filing every rule or order for arbitration, fifty cents; for filing
and recording affidavit for continuance, when so ordered, twenty-five
cents; for granting charters of incorporations, two dollars, except
for churches, which shall be one dollar; for recording or copying
all other papers necessary to be recorded, not hereinbefore men-
tioned, per copy sheet of one hundred words, each figure counting
a word, fifteen cents.

8i:c. 4. Trial Judices and Judiccs of (he Peace. — Oath and war- Koo-i of Trinl
rant in any criminal case, fifty cents ; each recognizance, fifty cents; JUsIices of Ui'c
commitment and release, each fifty cents; administering and certi- '*'"»*''^-
fying oath, in writing, other than above, twenty five cents; issuing
writ of habeas corpus by two Justices, jointly, two dollars; issuing

606 STATUTES AT LARGE

A. D. 1ST4. suinmous and copy for defeodaut in civil cases, fifty cent> ; issuin<r

' ' ' copy for each additional defendant over one, twenty cents ; issuing

sunimnns to each witness in civil cases, t\vent3'-five cents; for swear-
ing and taking examination of each witness in civil cases, twenty-
five cents; forgiving judgment in cases not defended, twenty-five
cents; for giving judgment on hearing litigated cases, seventy-five
cents; for issuing execution, or renewal of same, fifty cents; report
of case, and taking bond to appeal, two dollars; for issuing attach-
ment, returnable to Court or Justice, including all notices, two dol-
lars ; for filing return of garnishee, and order thereon, twenty-five
cents; for proceedings in case of ejectment, five dollars; for ap-
proval of indentures of apprenticeship or servants, one dollar; for
proceedings in Coroner's inquest, same fees as are now allowed to
Coroners; for proceedings in estray of horse or mule, one dollar;
for proceedings on all other estrays, fifty cents ; for taking and cer-
tifying renunciation of dower or inheritance, two dollars ; for grant-
ing order of special bail, one dollar; for the trial of any criminal
case, three dollars, which shall include all costs except the issuing
and -service of papers; for every preliminary examination of any
criminal case, one dollar and fifty cents; for taking deposition of
witness in writing, as prescribed by law, one dollar; for taking
examination of witness, in writing, as prescribed by law, one dollar ;
for attending and acting for the preservation of wrecked vessels and
goods, three dollars per day out of the vessel's goods and effects ; for
proceedings against vagrants, and returning report thereof, fi)ur
dollars; for qualifying appraisers in setting ofl' homestead, seventy-
five cents, and five cents per mile for all travel actually necessary ;
administering oath, twenty-five cents; for administering oath on
affidavit, fifty cents; proceedings in bastardy, inclusive, five dollars.
Sec. 5. Sheriffs.— For entering every writ, process, warrant or
FcesofShci- execution, and making endorsements thereon, each forty cents; for
^^^' serving every writ or summons, besides mileage, one dollar; for
bond in any case, one dollar; for commitment and release, each
twenty-five cents; for serving each veyiire fi)r grand jury, fifteen
dollars; for serving each venire for petit jury, twenty-five dollars;
for serving each bench warrant issued in thes sessions, attachment or
contempt of Court, besides mileage, two dollars; for search for persons
or goods not found and returned on the execution noii est inventus
or nulla 6ona. besides mileage, one dollar; levying attachment or
execution, besides mileage, one dollar and fifty cents ; dieting persons,
per day, forty cents : Provided, That the Sheriff or person in charge
of the jail shall make a monthly return, under oath, to the County
Commissioners of the name of each prisoner actually lodged in jail, to-
gether with the commitment, and also the name of each prisoner dis-
-1 r.A ,.MfV. tlip ri;<jpliflrcTft : iinou which returns the County Commis-

OF SOUTH CAROLIXA. 00'

sionera shall inontlily conipijle the amount to be paid ; cxcfutiiig con- \- '•• '""'•
vict, incliuling all charges for burial and other expenses, fifty dollar? ; ^ ~^
bringing up prisoner under habeas corpus, (to he paid by the prisoner,
if ai)le, if not, by the County,) besides mileage, two dollars; for
executing writ o{' habere facias possessionem, two dollars, and five
cents per mile for all necessary travel in executing the same; for
transferring money, bonds or other securities for money to party, one
per cent.; for summoning freeholders to try suggestion of fraud,
five dollars, besides mileage; for serving any paper in civil or crim-
inal cases issued by Trial Justices, the same fees as are allowed to
Constable? in like cases; conveying prisoners from one place to
another, besides all necessary expenses going and returning, three
dollars per day; each guard for vSheriff in conveying prisoner, two
dollars per day, but no fee shall he paid for any guard who has not
actually been employed to assist in conveying prisoners; commissions
on all moneys collected by him, if under three hundred dollars, two
per cent.; on balance, if" the amount collected is over that sum, one
per cent; on all moneys paid out of office on executions lodged, one
per cent.; executions lodged to bind and order not to levy, one dol-
lar; advertising defendant's property, in addition to printer's bill,
one dollar; drawing deed or mortgage, three dollars; bill of sale,'
one dollar and fifty cents; each notice served on the ^[anagers of
Election of each election precinct, besides mileage, one dollar and
fifty cents; in case of ejectment, ejecting tenant or others, five dol-
lars; summoning Coroner's jury and witnesses, besides mileasre, to
be paid by the County, five dollars; for selling land under decree
of probate, in lieu of commissions and all other charges except for
advertising, three dollars ; mileage for executing any wTit, process or
other paper not hereinbefore mentioned, five cents per mile, going
and returning, for all travel actually made and done.

Sec. 6. Constables.— For summoning each witness in civil cases,
fifty cents; serving summons, rule or notice in any civil case, fifty Fees ,>f Con-
cents; for serving attachment on each person, one dollar; for levy- ""''''''*
ing execution, posting a<lvertisement for sale and paying over pro-
ceeds, fifty cents, besides a commission of two per cent, on all sums
collected, to be paid by the party in execution; for every day in
search of stolen goor's, to be paid by complainant, two dollars; for
serving a warrant in any State case, one dollar; for selling an estrav,
five per centum of the proceeds; for all necessary service in case of
ejectment, as well before as after judgment, five dollars; for serving
Coroner's jury and witnesses, to be pai.i by the County, five dollars";
and in all cases, in addition to the fees herein prescribed, Constables
shall be entitled to receive five cents per mile f.r all necessary
travel, going and returning; for each day's attendance upon Court

608 STATUTES AT LARGE

A. D. 1874. of Common Pleas and General Ses.<lons, or other Court, wliea .sura-
^""^''^^ moned or specially appointed by the Sheriff, one dollar and fifty
cents per day while the Court is actually in session: Provided, That
the number of Constables summoned or appointed shall be subject
to the approval of the presiding Judge: But provided, further, That
not more than ten Constables shall be summoned or appointed to
attend during one term of any Court.

Sec. 7. Witnesses. — Witnesses in civil and criminal cases, per day.
Pay of wit- one dollar, besides mileage at five cents per mile going and return-

116SS6S

ing: Provided, That in no case, except in cases of felonies, where
witnesses for the defense are bound over, shall the State be liable to
pay defendant's witnesses; witnesses in Trial Justices' Courts shall
receive fifty cents per day and the same mileage as allowed in Cir-
cuit Courts.

Sec. 8. Jurors. — Jurors, per day, one dollar and fifty cents, besides
Pay of jurors, mileage at five cents per mile going and returning; jurors in Trial
Justices' Courts shall receive twenty-five cents for each case tried
and mileage as herein allowed to other jurors.

Sec. 9. That Circuit Solicitors shall be allowed for their services.
Fees of Cir- when not collected from the defendant, the following fees, and no

cuit Solicitors. , ,-, . • ^ ^ n • •••i ••! ic

others: i-'or a trial berore a jury, in civil or criminal cases, or belore
referees, ten dollars; for all appeals from Trial Justices, trial by
Court or jury, seven dollars and fifty cents.

Sec. 10. That the following compensation shall hereafter be
Pay ofphy.«i- allowed to any physician who may be called in by the acting Cor-

cians for pout '. . . ^..j, . , .

mortem exaiiii- oncr to make a post mortem examination, to wit: Wiien death has
resulted from external violence and where no dissection is required,
the sum of ten dollars; where dissection is necessary and no inter-
ment has taken place, twenty dollars; for the same, after one or
more days' interment, thirty dollars; for the same, when any chem-
ical analysis is required, a sum not exceeding fifty dollars, together
with the expenses of such analysis; and that in every case in which
such a physician shall be called to any distance beyond one mile,
he shall be allowed the mileage usually charged in his neighbor-
hood: Provided, That in all cases in which chemical analysis shall
be made the physician who shall make the post mortem examination
shall furnish to the County Commissioners of the County in which
the said examination has been made, with his account, a full state-
ment of such analysis: Provided, further, Every account presented
for services for post mortem examination shall have the certificate
of the Coroner, or Magistrate acting as Coroner, tluit the services
were rendered.
PeiviUy for Sec. 11. If any officer herein named shall charge any other fees or

gal Uicf. for any other services than those herein recited, such officer shall be

OF SOUTH CAROLIXA. 609

liable to forfeit, to the party injured, ten times the amount of excess of A"- !>• l'^"^-

fees so improperly charged, to be recovered by suit in tlie Court of '

Common Ploas, or by rule, when the penalty may not exceed twenty

dolhus. In every case in which a Clerk of the Court of CoMJmon

IMeas or Trial Justices' Courts shall issue an execution, he shall

attach thereto a bill of each item of costs therein charged, and shall, Ciork of

on application of defendant in execution, tax all costs which accrue brirof'co"!'!'"''

to the Sheriff for services on such execution.

Sec. 12. Whenever a case may be settled or determined at the
mutual cost of parties, or discontinued by plaintiff, or the judgment
shall be for defendant, any of the officers aforesaid shall have power
to issue an execution for his costs, or the Clerk may issue for the cierk mayi.-
whole, directed to the Sheriff, who is authorized and required to forhrco^ti'""
execute such process as in other cases of execution delivered to him.

Sec. 13. That all Acts or parts of Acts inconsistent with this Act
are hereby repealed.

Approved iMareh 9, 1874.

AN ACT TO Alter ard Amend Section Three (3) of Chap- No. 520.
TER Ninety (90) of Title Four (4) of Part Two (2) of
the General Statutes, Relating to the Payment of
Debts of Persons Deceased.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That Section Distinction in
three (3) of Chapter ninety (90) of Title four, (4,) Part two, (2,) l',t;;i r,e„^';'|,;
of the General Statutes be amended by striking out the sixth (6) .k.^VVv "S
subdivision thereof, and by adding the words "therein contained" diiuii.vM.hTi
to the fifth subdivision, so that subdivision five (5) of said Section •"T^i"'"' "'^"'"
three (3) shall read as follows: " ">. lionds and debts by specialty,
and debts by simple contract, so that after the passage of this Act
there shall be no distinction, in the payments of the debts of persons This provi-
deceased, between bonds and debts by specialty and debts by simple o,?!" "''.','' XS
contract:" Provided, That this Act shall only aj.ply to debts ere- ircT'""' "'"'
ated after its [)assage.

Sec. 2. That all Acts or parts of Acts inconsistent with this Act
be, and the same are hereby, repealed.

Approved March !», 1874.

AN ACT TO Make Ai'i-Roi'iiiATioN to Meet the Ordinary No. 521.
Expenses of the State Government for the Flscal Year
Commencing November 1, 1873.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now mot and sittin^- in

610 STATUTES AT LARCiE

A. D. 1874. General Assembly, and by the authority of the same, That the

^-^•^ .-^--^ fullowiug suras be, and they are hereby, apprupriuted to the objecta

lion for ?aiarie< herein named out of the proceeds of the tax of one and one-fourth

aud contingent ^,- .,,,., . /.,,.., ^ , • t i

expenses. (IJ) mills levied in pursuance or feection 1 or an Act entitled
"An Act to raise supplies for the fiscal year coramencinj^ Novem-
ber 1, 1873, and to alter and amend the law in relation to the
collection of taxes," that is to say :
Expenses of 1. For the salarv of the Governor, thirtv-five hundred dollars;

<i<ivernor's of- . ",. i /^ i /-^ " i i i ii

See. for the contingent lund of the Governor, twenty thousand dollars ;

for the salary of the Governor's Private Secretary, two thousand

dollars ; for the salary of the Governor's messenger, five hundred

dollars.

Salary of 2. For the salarv of the Lieutenant Governor, twenty-five hun-

Lieu tenant,,.,,

(Jovernur. dred dollars.

Expenses of 3. For the salary of the Secretary of State, three thousand dol-

Sme's*okce.** lars; for the salary of the clerk of the Secretary of State, one

thousand eight hundred dollars; for the contingent fund of the

Secretary of State, one thousand dollars.

Comptroller 4. For the salarj' of the Comptroller General, three thousand

fi'ce!*^ ' dollars; for the salary of the clerk of the Comptroller General,

eighteen hundred dollars; for extra services in the office of the

Comptroller General, two thousand dollars; for the contingent

fund of the Comptroller General, one thousand dollars ; for the

Contingent clvil Contingent fund, fifteen thousand dollars, to be drawn on

fund for use of /.,/-, 1 1 /-. i i i • • /> i

Attorney Wen- the warrant of the Cora))troller General, on the application or the
Attorney General, to defray expenses of litigation in his depart-
ment ; for Abel Robbing, pensioner, four hundred and eighty
dollars, to be paid on the warrant of the Comptroller General;
Election ex- twenty-seven hundred dollars for the payment of Commissioners
and Managers of general and special elections held in the various
Counties of this State in the years 1871, 1872, 1873; and six
hundred dollars, if so much be necessary, for the payment of ex-
penses of the special election held in Beaufort County in 1871,
said amounts to be drawn on the warrant of the Corajjtroller
Appropria- General ; two thousand dollars, to be used bv the Comptroller

tion for expen- ^ i •/• i i i i ' i •

ses of ex^min-; General, if so much be necessary, to be drawn upon his warrant,

and' Treasu- for the purposc of the inspection of all Auditors' and Treasurers'

accounts by a competent party, subject to the direction of his oflSce.

Treasury Do- 5. For the Salary of the State Treasurer, twenty-five hundred

ar men . dollars; for the salaries of the chief clerk and book-keeper of the

State Treasurer, eighteen hundred dollars each; for the contingent

fund of the State Treasurer, one thousand dollars.

Expenses of 6. For the salary of the Adjutant and Inspector General, twenty-

erai's office. five hundred dollars; for the salary of the clerk of the Adjutant

penses

OF SOUTH CAROLINA. Gil

and Inspector General, one thousand dollars; for the contingent A. D. is7».
liind of the Adjutant and Inspector General, one thousand dollars; ''"^

for the contingent expenses of the State militia, five thousand Militm-y ox-
dollars, to be used as follows, namely: Five hunrlred dollars for
the Military Hall, in Charlfston, to be drawn on the apjjlication
of the Brigadier General First Brigade, Second Division, of the
National Guard, approved by the Major General commanding
Second Division; five hundred dollars for the Armory of the First
Brigade, Third Division, of the National Guard, at Columbia, to
be drawn on the application of the General commanding the
brigade, with the api)roval of the Governor; two hundred and
fifty dollars for the Armory at Beaufort, to be drawn on the
application of the Brigadier General of Second Brigade, Second
Division, with the approval of the Major General commanding
division; five hundred dollars for the benefit of each properly
organized regiment having at least five hundred men enrolled and
ready for duty, to be drawn upon the application of the Colonel
of the said regiment, which application shall be endorsed by the
Brigadier and Major General commanding the brigade and
division to which such regiment is attached, and countersigned by
the Governor. The Comptroller General shall, upon the presenta-
tion of such application, properly approved and signed, draw his
warrant upon the State Treasurer for the amount of the respective
applications, endorsed by the Major General commanding the
division to which said regiment may be attached, and counter-
signed by the Adjutant and Inspector General.

7. For the salary of the State Superintendent of Education, Expenses of
twenty-five hundred dollars; for the salary of the clerk of the ent of Educa-
State Superintendent of Education, one thousand dollars; for the
contingent fund of the State Superintendent of Education, one
thousand dollars; for mileage certificates of the State Board of
Education, one thousand dollars, to be drawn on the order of the
State Superintendent of Education.

<S. For the salary of the Attorney General, three thousand Ati..riio.y

1 11 <■ I " 1 /• I » /-^ i> 1 <it.'IU'r;ir~ of-

(tollars; tor the salary ot the Attorney Generals clerk, one fiic
thousand dollars; for the contingent fund of the Attorney (ieneral,
one thousand dollars.

i). For the salary of the Chief Justice of the Supreme Court, Expen.-w of
four thousand dollars; for the salaries of the two Associate Justices,
seven thousand dollars ; for the Clerk of the Supreme Court, who
shall perform the duties of Librarian of said Court, fifteen hundred
dollars; for the State Reporter, fifteen hundred dollars; for an
attendant upon the library and rooms of the Supreme Court,
five hundred dollars, (_said attendant to be appointed by and

612 STATUTES AT LARGE

A. D. 1874. removable at the pleasure of said Court); for the purchase of books
^"^ ^' for the Supreme Court Library, one thousand dollars; for the

contingent expenses of the Supreme Court, six hundred dollars, to

be drawn on the order of the Chief Justice.
Salaries of 10. For the salaries of the eight Circuit Judges, twenty-eight

Circuit Judges o ' ^ e

and Solicitors, thousand dollars; for the salary of the Judge of the Inferior Court
of Charleston County, twenty-five hundred dollars; for the salaries
of the eight Circuit Solicitors, eight thousand dollars.
State House 11. For the salary of the Keeper of the State House and State

Keeper and . I'lin n i • f -i n i

Watchmen. Liioranau, one thousand dollars; lor the contingent lund or the
State Librarian, five hundred dollars; for the salaries of the two
watchmen of the State House and grounds, six hundred dollars
each.

Salaries of 12. For the salarv of the Superintendent of the State Lunatic

Superintend- ^ ", i i i i, r- , i ^ i -^

ents of Asj-- Asylum, twenty-nve hundred dollars; for the salary or the buper-

lum and Peni- . ' n , r-, t-. • • i i i n

tentiary. lutendent or the otate renitentiary, two thousand dollars.

Salaries of 13. For the salaries of the County Auditors, thirty-two thousand

ors. ^ five hundred dollars; for the clerk to the Auditor of Charleston

County, one thousand dollars.

Salaries of 14. For the salaries of the County School Commissioners, thirty-
School Com- , 1 , 1 1 1 n
missioners. two thousand two hundred dollars.

Salaries of 15. For the Health Officers, five thousand one hundred dollars;

Health Officers „ . r- i i i i n .. i

lor quarantine expenses, twenty-nve hundred dollars; tor the
Keeper of the Lazaretto, four hundred dollars, to be drawn on the
Avarrant of the Port Physician of Charleston.
Appropria- Sec. 2. That the following sums be, and they are hereby, appro-
institu'tfons. ^° priated to the objects herein named out of the proceeds of the tax
of one and one- fourth (ll) mills levied in pursuance of Section 2 of
the Act recited in Section 1 hereof, that is to say :
Support and 1- For the construction and support of the State Penitentiary,
Pe'nit'e'ntiary." fifty-one thousand five hundred dollars, fifteen hundred dollars of
which shall be used for transportation and clothing of discharged
convicts, to be paid on the warrant of the Comptroller General, on
the application of the Superintendent, to be approved by the
Board of Directors.
Support of 2. For the support of the State Lunatic Asylum, sixty-five thou-
lum. ■ saod dollars, fifteen thousand dollars of which, if so much be

necessary, to be applied to the payment of salaries and wages of
employees of said institution, to be paid on the warrant of the
Comptroller General, on the application of the Board of Regents.
State Orphan .3, For the support of the State Orphan Asvlum, twenty-five

Asylum. ^ "^ ^ ' . .

thousand dollars, to be paid in accordance with the law establishing
r, ^ . -r the same.

Catawba In-
dians. 4. For the Catawba Indians, eight hundred dollars.

OF SOUTH CAROLINA. 61.J

5. For the support of the Institution for the Education of the A. h. 1874.

Deaf, Dumb and Blind, ten thousand dollars, to be paid on the "^'

warrant of the Comptroller General, upon the application of the t>^l'b'u'^[
Chairman and Secretary of the Board of Commissioners of the ""^ ^^''"'^"
Deaf, Dumb and Blind: Provided, That no part of this sura
shall be drawn until the institution heretofore established shall be
reopened and in operation.

G. For the support of the University of South Carolina, twenty- Sonth Caro-
seven thousand eight hundred and fifty dollars, to be paid on the ^'"^ University
warrant of the Comptroller General, upon the application of the
Secretary of the Board of Trustees of the University ; for bene-
ficiary scholarships in said University, six thouand four hundred
dollars, to be paid in accordance with the law establishing the same;
for the support of the Preparatory School of the University, twenty-
five hundred dollars, to be paid on the warrant of the Comptroller
General, upon the application of the Secretary of the Board of
Trustees of the University ; for repairs to buildings of South Caro-
lina University, five thousand dollars, to be paid on the warrant of
the President of the University, with the approval of the Trustees
of the same, five hundred dollars of which shall be used for the
repair of the library and repairing the books.

7. For Normal School purposes, six hundred dollars, to be paid State Nor.mi
on the warrant of the Comptroller General, upon the application of ^''''°°'-
the Board of Regents of the Normal School

Sec. 3. That the following sums be, and they are hereby, appro- Appro ri
priated to the objects herein named out of the proceeds of the tax f°°^- for °iegi
of one and one-half mills levied pursuant to Section 4 of an Act p^"'^^' ^

entitled "An Act to raise supplies for the fiscal year commencing
November 1, 1873, and to alter and amend the law in relation to
the collection of taxes;" that is to say:

1. For the payment of the salary and mileage of the members of Sniary .,
the General Assembly, one hundred and three thousand dollars, if meii^ers" °
so much be necessary; and the Clerks of the Senate and House' of """"''"'
Representatives are hereby authorized and directed to furnish to

each member of their respective bodies a pay certificate for the
amount of his salary and per diem, as fixed by an Act entitled
"An Act to regulate the pay of the members of the General Assem-
bly," approved March 13, 1872.

2. For the payment of the clerks of the engrossing and enroll- joint ex
ing departments. Solicitors and clerks of the Attorney General's
oflice, and other expenses common to the two houses, "the sum of
twelve thousand dollars, if so much be necessary, is hereby appro-
priated, to be drawn on the order of the President of the Senate
countersigned by the Speaker of the House of Representatives.

pen.?i'

G14 STATUTES AT LARGE

A. D. 1874. 3_ Pqj. f^Q payment of the subordinate officers, employees and

Z, '^^ J. incidental expenses of the Senate, the sura of thirty tliousand dol-

i^enate. Jars is hereby appropriated, to be paid in such amounts as said body

shall determine, upon the order of the President of the Senate,

attested by the Clerk of the same.
Expense? of 4. For the payment of the subordinate officers, employees and

House of Rep- . . , , /• ,i tt r- t-> • i /?

ifsentatives. incidental expenses or the Mouse or Kepresentatives, the sura oi

forty-five thousand dollars is hereby appropriated, to be paid in such

amount as said body shall determine, upon the order of the Speaker

of the House of Representatives, attested by the Clerk of the same.

Current 5, For the payment of expenses of current printing, twentv-five

priming. i i i , . , , • i i • i , i c

thousand dollars is hereby appropriated, to be paid on the order oi
the Clerks of the t\YO houses.
Expenses ..f 6. If the proceeds of the tax levied for payment of the expenses
Senate paya- of the General Assembly shall be insufficient to pay in full the ap-
ep'ori . propriations herein made, the State Treasurer is directed, after pay-
ing the salaries and mileage of the members, to divide the remain-
der pro rata between the House and Senate orders.
Appiopria- Sec. 4 — 1. That the sura of three hundred thousand dollars is

tions for pub- • ^ n ^ ^ • P 1 !•

lie schools. hereby appropriated tor the support and maintenance or pubuc
.schools out of the proceeds of the tax of two (2) mills levied in
pursuance of Section 3 of the Act before recited in Section 1 hereof.
2. That the sum realized from said levy iu excess of three hun-
dred thousand dollars is hereby appropriated to the payment of
teachers' claims for the years 1871 and 1872: Provided, That the
School funds, said excess be apportioned by the State Superintendent of Educa-

how to be ap- . i /-i • p i r. , ^ ■ r

portioned. tion amongst the several Counties or the State as hereinaiter pro-
• vided, and be paid pro rata upon teachers' claims in said Counties;
and the State Superintendent of Education is hereby authorized
and directed to apportion the said appropriations upon the basis of
school attendance in the several jCounties of the State for the schol-
astic year ending June 30, 1873; and the School Coramiesioners of
the several Counties are hereby instructed to apportion the school
funds of their respective Counties upon the basis of school attend-
ance in the various school districts of their said Counties as aforesaid.
Expenses of Sec. 5 — 1. For the payment of the balance due the Republican

uurrent ii n d __ . . _, _ , . .

permanent rriuting Company, on contract lor current and permanent printing
"^""^ ' ' of the present session of the General Assembly, fifty-four thousand

dollars, to be paid in accordance with the provisions of the Act
under which ?aid contract was awarded to the said company.
Publishing 2. For payment of expenses of publishing the laws of the extra
and regular sessions of the General Assembly, twenty-five thousand
dollars, out of the proceeds from phosphate royalty, to be paid on
the order of the Clerks of the two houses: Provided, That no

OF SOUTH CAROLINA. CAo

contract shall be made with any pajjcr other than those designated -\- I'- i>*"^-

as the official papers of the State, — ' '

Sec. 6. For the payment of the July interest upon the consoli- luterent .,n
dation bonds of the State, such amount as may be necessary of the bondl"'''^'"'""
proceeds of the one (1) mill tax levied in pursuance of Section 7 of
the Act recited in Section 1 hereof, the surplus, if any, after paying
said interest, to be applied to the extinguishment of the principal of
said debt in accordance with the provisions of an Act entitled "An
Act to reduce the volume of the public debt and to provide for the
payment of the same," approved December 22, 1873.

Sec. 7. That the moneys herein appropriated as contingent Contingent
funds shall be drawn by the heads of each department, respect- i^&t"^
ively, and they shall make to the General Assembly, at its next
session, on or before December 1, a detailed statement of the dispo- Report.- of
sitiou made thereof: Provided, That no officer authorized to make fh ereol' ' ' ' " °
contracts or draw funds from these appropriations shall expend, or
make a contract expending, more money than has been appropri-
ated for such purpose by this Act.

Sec. 8. The money appropriated in Section 2 of this Act shall Penalty for
not be paid out except for expenses incurred during the fiscal year [Sonfterc-
commencing November 1st. 1873, and ending October 31st, 1874, ^^^T^
and it is here made a felony for any officer to pay out any portion ^''*"^'"
of the same otherwise than herein provided for, and, upon convic-
tion thereof, shall be punished by fine and imprisonment, at the
discretion of the Court, not to exceed two years' imprisonment : Pro- proviso.
vided, That fifteen thousand dollars, if so much be necessarv, of the
amount appropriated to the Lunatic Asylum may be applied to
the payment of past due indebtedness for services and wages of
employees prior to the fiscal year ending November, 1874.

Sec. 9. That for the payment of contingent accounts passed at GjauDgc-m
the special and regular sessions of 1873, the sum of twenty-five ii7u^V^'.n*^i
thousand dollars be, and the same is hereby, appropriated, to be "''*""'*'■•
paid on the orders of the presiding officers, attested by the Clerks
of the two houses respectivel}'.
Approved March 0, 1874.

AN ACT T.J PtESEW AND AilEND THE ClIARTER OF THE ToWX Xq. 522.

OF Due West, is the County of Abbevij.le,

616 STATUTES AT LARGE

A. D. 1874. are, or hereafter may be, inhabitants of the town of Due West,
" "^T^ in the County of Abbeville, shall be deemed, and are hereby de-
West incorpo- clared, a body politic and corporate; and said town shall be called
Corporate and known by the name of Due West, and its limits shall be
''"'''^' deemed and held to extend three-quarters of a mile in each direc-

tion along the main street, from the Associate Reformed Church as
a center, and a half mile on each side of said main street, so as to
include an area of one and a half miles in length and one mile iu
width.
Provisions of Sec. 2. That the provisions of the charter of the town of Ninety-
of'^Nlnefj-slx Six, in Abbeville County, incorporated by an Act entitled ''An Act
Due W^eTt!^ *° to incorporate the town of Ninety-Six," approved -March 13, 1872,
be, and the same are hereby, held and declared to extend to the
Proviso rela- town of Due West: Provided, That Section 12 of said Act shall
Coilege^'"'^'''" not be made of force and effect, as to the town of Due West, in so
far as it conflicts with the charter of Erskine College, approved
March 12, 1872.
Elections- Sec. 3. The first election for Intendant and Wardens under this
time of hold- ^^^ ^j^^jj ^^ j^^l^ ^^ ^^g g^.g^ Tuesday in April. 1874, ten days' no-
tice of said election having been previously given, and annually
thereafter as provided in said charter of the town of Ninety-Six.
Approved March 9, 1874.

ing

No. 523. AN ACT to Incorporate the Town of Port Royal, in the
County of Beaufort and State of South Carolina.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That all per-
Corporators. sons, citizens of the State of South Carolina, who are now, or may
hereafter become, inhabitants of the town of Port Royal, in the
County of Beaufort, shall be deemed, and are hereby declared, a
body politic and corporate, and said town shall be known and called
by the name of Port Royal ; shall have a common seal ; may sue and
be sued, implead and be impleaded, in any Court of law or equity
in this State; and may purchase, hold, possess and enjoy to them
and their successors, in perpetuity, or for any terra of years, any
Corporate estate, real, personal or mixed; and its limits shall be deemed and
limits. j^gj^ ^^ extend as follows: Its North boundary shall extend East

and West on the line of the North side of Twenty-eighth street, (as
per map and survey of E. G. Nichols); on the East side, to high
water mark on opposite shore of Beaufort River; and on West
side, to high water mark on opposite shore on Battery River ; and

OF SOUTH CAROLINA. 617

on Suutli side, to high water mark ou opposite shore of Beaufort and ■•^- ^- ^**"'-
Battery Rivers. ^"-^^^^ '

Sec. 2. That the said towu shall be governed by an Intendant Oflker.--.
and four Wardens, who shall be elected ou the secoud Wednesday
in January, ou which, as well as on the second Wednesday in
January of every year thereafter, an election shall be held for
Intendant and four Wardens, who shall be citizens of the State of
South Carolina, and shall have been resident in said town for sixty
days immediately preceding said election, at such place in said town
as the Intendant and Wardens shall designate, ten days' public
notice being previously giveu ; that John McFall, Fred. Brown and Manngcrs of
J. W. King be, and they are hereby, appointed a Board of Man- ^''''-■^'°"-
agers to hold the first election under this Act ; that all male inhab-
itants of said town of the age of twenty-one years who have resided
therein sixty days previous to said election shall be entitled to vote
for said Intendant and Wardens; and the election shall be held
from eight in the morning until five o'clock in the afternoon, when
the polls shall be closed, and the Managers shall publicly count the
votes and proclaim the election, and give notice thereof in writing
to the persons elected ; and that the Intendant and Wardens for the
time being shall appoint the Managers to hold the ensuing election
at least twenty days previous to the election ; that the Intendant
and Wardens, before entering upon the duties of their offices, shall
take the following oath, to be administered to the officers first
elected by some officer duly authorized to administer an oath, by
the outgoing Intendant and Wardens thereafter elected, the oath
prescribed by the Constitution of the State, and also the following
oath, to wit: "As Intendant (or Warden) of Port Royal, I will Oath of office,
etjually and impartially, to the best of my skill and ability, exercise
the trust reposed in me, and will use my best endeavors to preserve
the peace and carry into effect, according to law, the purposes of my
appointment: So help me God." And that the said Intendant
and any two or more Wardens shall constitute a quorum, or, in
absence of the lateudant, three Wardens or more shall constitute a
quorum.

Sec. 3. That in case a vacancy should occur in the office of In- Vacancies,
tendant or of any of the Wardens by death, resignation or removal
from the State or town, or from any other cause, an election shall
be held by the appointment of the Intendant and Warden, or
Wardens, as the case may be, ten days' notice thereof, as aforesaid,
being given; and in case of sickness or temporary absence of the
Intendant, the Wardens, forming a Council, shall be empowered to
elect one of their number to act as Intendant during ^uch sickness
or absence.

618 STATUTES AT LARGE

A. D. 1874. gjjc. 4. That the Town Council shall have the power to appoint a
^^\ ^ Port Warden, Harbor Master, Public Surveyor and Inspectors,

cers to be up- and, by ordinance, define their duties, and, by ordinance, regulate
the distance which wharves may b.e built into the rivers, not incon-
sistent with the Constitution of the State and the laws of the land.

Town Council, Sec. 5. That the Town Council of Port Royal be, and they are
hereby, authorized to establish a guard or police for the better
security and regulation of said town, and to pass such ordinances as
they may deem expedient to define the duties, fix the compensa-
tion and. impose fines and penalties for neglect or improper dis-
charge of duties of said guard, and, generally, to perform all acts
necessary and proper to effectuate the intention of this Act, and
make and establish all rules and orders relative to said guard not
inconsistent with the laws of the State ; that the Intendant, duly
elected and qualified, shall, during his term of service, be vested
with all the powers of Trial Justices and Justices of the Peace in
this State, in matters civil and criminal, within the limits of said
town, except for the trial of small and mean causes; and that the
Intendant shall, as often as occasion may require, summon the
Wardens to meet in Council, a majority of whom shall constitute a
quorum for the transaction of business and shall be known by the
name of the Town Council of the town of Port Royal ; and they
Powers and and their successors in office shall have a common seal, and shall

pmi ege». Jjave power to appoint, from time to time, such and so many proper
persons to act as Marshals or Constables as they shall deem expe-
dient and proper, which officers shall have all powers, privileges
and emoluments, and be subject to all the duties, penalties and
regulations, provided by the laws of this State for the office of Con-
stable; and the Intendant and Wardens, in Council, shall have
power and authority, under their corporate seal, to ordain and es-
tablish all such rules and by-laws and ordinances respecting the
streets, ways, public wells and springs, or fountains of water, mar-
kets and police of said town of Port Royal, and for preserving
peace, health and order and good government within tlie same, as
they may deem expedient and proper, not inconsistent with or re-
pugnant to the laws of the State; and all such by-laws and ordi-
nances shall, at all times, be subject to revisal or repeal by the
General Assembly of the State ; and the said Council may aflfix
Fines. fines for offenses against such by-laws and ordinances, and appro-
priate the same to the use of said corporation ; but no fine shall
exceed thirty dollars; and when fines shall exceed twenty dollars,
the same to be collected as fines and penalties iu Trial Justices'
Courts.

Taxes.

OF SOUTH CAROLINA. OlM

Sec. 6. That the said Town Council shall have power to impose ^- D- i^"'-
an annual tax upon all real and personal property within the limits
of said town: Provided, 8aid tax does not exceed the surn of (illy
cents on the one hundred dollars: And jirovidcd, further, Tiiat
nothing herein contained shall be so construed as to prevent the
said Town Council from imposing licenses for the sale of liquor, Licunses.
either by wholesale or retail, or for the keeping of billiard rooms,
bowling alleys or other places of public amusement.

Sec. 7. That in order to secure the free expression of all persons Elections,
qualified to vote, that the Managers of Election shall open their
polling precincts lor the registration of voters, as per Chapter XI,
Sections third, fourth and fifth, of Municipal Election, of the Re-
vised Statutes of South Carolina, for the year one thousand eight
hundred and seventy-three, and that the pay of said Managers shall
be at the rate of one dollar per day.

Sec. 8. That this Act shall be deemed a public Act in all Courts
of justice and shall continue of force until repealed.

Approved March 9, 1874.

AN ACT TO Relieve the Bondsmen of the Late County j^fo. .")24.
Treasurer of Greenville County, James M. Allen.

Whereas James M. Allen, late County Treasurer of Greenville Prcnmbie.
County, now a fugitive, expended the moneys collected by hira, for
State and County purposes, for the purchase of the following claims
against the State and the County of Greenville, to wit: One Senate
certificate, dated January 29, 1873, drawn in favor of S. A.Swails,
for seven hundred and sixty dollars *($760); one Senate certificate,
dated February 26, 1873, drawn in favor of J. M. Bolan, for onfe
hundred dollars (100); one Senate certificate, dated February 2G,
1873, drawn in favor of J. M. Bolan, for three hundred dollars
(S300); one Senate certificate, dated January 29, 1873, drawn in
favor of J. B. Byas, for fifty-nine (59) dollars; one Senate certifi-
cate, dated March 0, 1872, drawu in favor of J. M. Allen, forsix-
teen hundred and fifty dollars (Sl.GoO); one Senate certificate,
dated March 15, 1872, drawu in favor of James Kinard, for fifty-
six dollars (Sot)); one Senate certificate, dated January 30, 1872,
drawn in favor of James Kiuartl, for two hundred and fifty-eight
dollars (S258); one House certificate, dated February 16, 1872,
drawn in favor of Henry Daniels, for twenty-two 75 100 dollars
(S22.75); one House certificate, dated March 13, 1872, drawn in favor
of Edward Snead, for one hundred and eighty-one 50 100 dollars

()20 STATUTES AT LARGE

A. i». 1S7I. ($181.50); one House certificate, dated March 13, 1872, dra\9Q in
' favor of D. G. Robertson, for six hundred and forty-two dollars

(S642); one House certificate, dated March 1^, 1872, drawn in
favqr of Benjamin Arnold, for seventy-eight dollars (878); one
House certificate, dated February 16, 1872, drawn in favor of Ben-
jamin Arnold, for one hundred and seven 70-100 dollars (8107.70);
one House certificate, dated February 26, 1873, drawn in favor of
E. M. Bj'ten, for three hundred and seventy-five dollars, (S375); one
joint certificate, dated February 26, 1873, drawn in favor of J. S.
Simons, for four hundred and twenty-seven dollars (8427); one joint
certificate, dated January 29, 1873, drawn in favor of J. Edwards,
for three hundred and ninety dollars (8390;; one joint certificate,
dated January 29, 1873, drawn in favor of J. A. Beatue, for sixty-
nine dollars (869); one joint certificate, dated February 26, 1873,
drawn in favor of J. B. Byers, for one hundred and fifty dollars
(8150); one joint certificate, dated February 26, 1873, drawn ia
favor of W. J. Finley, for fiive hundred and fifty-eight dollars
(6558); one House certificate, dated February 8, 1873, drawn in
favor of J. C. Holmes, for two thousand and fifty-one dollars
(82,051); one House certificate, drawn in favor of John Williams,
dated January 17, 1873, for three hundred and thirty-five dollars
(8335); one House certificate, dated January 17, 1873, drawn in
favor of John Williams, for thirteen hundred and twenty-five 10-100
dollars (81,325.10); printing account of Greenville Enterprise,
dated May 3, 1872, for six hundred and eighty-six 45-100 dollars
(8686.45); Treasury note, drawn in favor of Timothy Hurley,
dated May 30, 1872, for six hundred and forty-two dollars (8642);
and teachers' and school claims, amounting to eleven thousand
seven hundred and sixty-six 90-100 dollars (811,766.90); also,
claims due to said James M. Allen, in possession of the State, under
attachment of the Attorney General, amounting to fifteen hundred
dollars (81,500); besides numerous other claims also in the hands
of the Attorney General and the County Commissioners of Green-
ville County; all of which above recited claims are now in posses-
sion of the State under attachment made by the Attorney General
and the County Commissioners of Greenville County ; now, there-
fore.

Be it enacted by the Senate and House of Representatives of the
State of South Caro^ina, now met and sitting in General Assembly,
and by the authority of the same. That Wilson Cook, James Run-
Sureties re- ion, M. K. Robertson, M. Sullivan, W. E. Earle and Absalom
re.ii)ODsibiiity. Blythc, boiidsmen and sureties of the said James M. Allen, late
County Treasurer of Greenville County, be, and they are hereby,
relieved from all responsibility to the State or said County of Green-

OF SOUTH CAROLINA. 021

villo, or to any person or persons whomsoever, by reason of their ■''■ '•• '''"••

oiiciorsementsoii said Allen's official bond: Provided, That nothing,' — ' '

herein containeil shall be so construed as to relieve the said Janies l'r..i,erty
M. Allen iVom liability on the said bond, (.r to dissolve any attach- !,un.'n"ite7by
meut \vi;ich may have been levied npon his property under suits by ''''■ '^'''■
the County Conituissioners of Greenville County, and the State by
the Attorney General: And provided, further, That the fund aris-
ing from the sale of property attached in Greenville County shall
be applied to his default to said County.

Approved March 11, 1874.

AN ACT TO Valedate all Payments Made by the County No. 525.
Treasurer of Edgefield County Under and Pursuant
to the Provisions of a Joint Resolution Entitled "A
Joint Resolution to Authorize the County Commis-
sioners of Edgefield County to Levy a Special Tax of
Three Mills, to be Levied at the Time of the General
Tax," and to Declare the Intent of Said Joint Resolu-
tion.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sittino- in
General Assembly, and by the authority of the same, That the pay-
ments made by the County Treasurer of Edgefield County under Pn.viucnt.-=
and pursuant to the provisions of a Joint Resolution entitled "A cvumV Tm»s^
Joint Resolution to authorize the County Commissioners of Edge- "'"''' ^"''datca.
field County to levy a special ta.x of three mills, to be levied at the
time of the general tax," approved December 22d, 1873, claims
which hud been audited, allowed, and checks or orders for the same
issued by a former Board of County Commissioners of said County,
be, and the same are hereby, validated and declared to have beeu
duly and lawfully made, in conformity with the true intent and
meaning of the aforesaid Joint Resolution.

Sec. 2. That it is hereby declared to be the true intent and
meaning of the said Joint Resolution that all past due elaims which Claims not to
have heretofore been audited and allowed, and for which checks or '^'-' ^'■•""''''«^-
orders of the County Commissioners have been issued prior to the
])as.sage of the said Joint Resolution, shall be paid in full out of
the special ta.K levied under the provisions of the said Joint Reso-
lution, as the proceeds of such tax shall come into the hands of
the County Treasurer of said County, withoul re(piiring >uc\\ pa.«.L
due claims to be reaudited.

Approved March 12, 1874.

622 STATUTES AT LARGE

A. D. ISTl.

No. 526.

AN ACT TO Repeal an Act to Recharter the CvrREss

Causeway.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That an Act
rvp?c^"'^c!ui<e- ^° recharter the Cypress Causeway, approved March 7, 1871, be,
way repealed, and the Same is hereby, repealed.
County Com- Sec. 2. That the County Commissioners of Charleston and Colle-

missioners to •'

repair same, ton Counties be required to repair the same.
Approved March 14, 1874.

No. 527. AN ACT to Incorporate the Ebenezer Baptist Church of

GeorgetoW'N County.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, uow met and sitting in
General Assembly, and by the authority of the same, That James
Corporators. Small, Cain Rutledge, Francis Chisolm, and their associates and
successors, are hereby incorporated and declared to be a body cor-

Corporate porate and politic, under the name and style of the Ebenezer Bap-
name. .

tist Church of Georgetown County, and by such name and style

shall have succession of officers and members, and shall have a com-
mon seal, with power to alter the same at will.
Powers and Sec. 2. That said corporation shall have power to make such b\'-

j'TivileKcs.

laws, not repugnant to the laws of the land, as they may deem
expedient and necessary, and to sue and be sued in any Court in
this State; and to have, hold, receive and possess any real or per-
sonal property, not exceeding twenty-five thousand dollars, and to
sell, convey and dispose of the same.

Sec. 3. That this Act shall be deemed and taken to be a public
Act and shall continue in force for the term of fourteen years from
its passage.

Approved March 14, 1874.

No. 528. AX ACT to Constitute the County Commissioners of An-
derson County Commissioneks of Health and .Drainage,
AND to Define Their Powers and Duties Therein.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in

OF SOUTH CAROLINA. 023

(Jeneral Assembly, and by the uuthoilty of tlie sumo, Tliat tlic '^- "• '**''•

County Conunissionerg of Anderson County he, and they are hereby, f,„„„,' f.,„„.

authorized, in addition to the duties now ininoscd on them by hiw, mi-"""""/''--' .'"

to act as Commi.-«.-ioners of Health and Drainaire, and they are "' "" .c- "f

■^ y Health and

hereby empowered, as such Commissioners of Health and Drainage, Druinaife.
to act as follows, to wit:

1. That in all cases where a land owner desires to drain hi- lands County Com -

,...,, missioners cm-

and 13 refused a necessary outlet upon or through adjoining lands, i... woroci to

, _- „ . . , , 1 X 1 ii iiuar cases.

the County Commissioners are hereby empowered to hear the case
on petition and personal service, and to decide and fix either
compensation on the one side or assessment upon the other; and
their decision in such cases shall have the force of a legal judg-
ment.

2. That in cases where one-third of the land owners upon any County Com-

n ^^ £• 1 1 r- -1 i i missioners to

water course, tor a distance or not less than nve miles up and down mike contracts
the stream in said County, shall desire to drain the lands upon such and impose

, ^ y-, .. Ill •• assessments

water course, tlie County Commissioners shall, upon petition, per- thcreior.
soual service and the testimony of one or more competent engineers,
be empowered to make contracts for such drainage, and impose the
proper assessment upon the various properties benefitted by the same,
and the said assessments shall have the force of a legal judgment :
Provided, That in both above mentioned cases, should any party I'roviso.
feel aggrieved by the decision or action of the County Commission-
ers in the premises, it shall be lawful for him to appeal to the Judge
of the Circuit at the term of the Court next ensuing, whose decision
in the matter shall be final.

."]. That in cases where the general health of the County is wiiore t h t-
seriously affected by the condition of any water course, the County County is af-
Commissioners shall, upon petition and proof of at least one-third watol- course,
of the land owners upon such water course, or of one-third of the m'issioners'may
land owners within two miles on either side of such water course, Jraincd. " ^ "
and not less than five miles up and down the stream — which proof
shall contain the affidavits of two physicians, one of whom shall
practice in the neighborhood — make an estimate of the cost and pro-
ceed to drain such water course as in the case heretofore provided
for: Provided, however, That if, in the oj)inion of said County Proviso.
Commissioners, the cost of such drainage imposes too heavy an
assessment upon the individual land owiuts upon such watercourse,
they shall make a report, in writing, of tlicir estimate ami opinion
to the Judge of the Circuit Court at the next ensuing term thereof,
and if he approve of such report and estimate, which approval shall
be in writing, the County Commissioners shall contract for such
drainage, and, after levying a fair assessment upon all such prop-
erty, they shall charge the surplus of the cost of such drainage to

G24 STATUTES AT LARGE

A. D. 1874. the County, to be carried into their estimate for the County expenses
for the nest ensuing year.

4. That in cases where the general health of the County or neigh-
borhood be seriously affected by the condition of any mill dam, the
County Commissioners of said County shall have the power to
remove the cause of such nuisance, provided a fair compensation be
paid to the owner thereof, the same to be assessed upon the property
of those benefitted by the removal of such nuisance; and shall fur-
ther regulate the condition of all mill dams in said County by

All mill dams requiring the owners thereof to furnish such mill dams with a suh-

to be furnished • ■, n ^ .«.,.., i i i i /• i • i

with fl o o d staiitial nood gate, ir, in their juagment, the health or tlie neigh-
borhood or the drainage of the land above the dams require a flood
gate to be placed in the dam, to be opened at and kept open for
such times as the said County Commissioners shall direct.

Approved March 14, 1874.

No. 529. AN ACT to Renew the Charter of a Bridge Across the
Seneca River, in Anderson County, Known as Earle's
Bridge.

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

Bridge over and by the authority of the same, That the bridge across the Seneca

rechartered. Rivcr, at Or near Shallow Ford, in Anderson County, be, and the

same is hereby, rechartered and vested in Sallie F. Earle and Annie

W. Earle, their heirs and assigns, for the term of fourteen years,

with the same privileges, rights, franchises and emoluments granted

Proviso. under its former charter : Provided, That nothing herein contained

shall at any time prevent the County Commissioners from erecting

a free bridge across said stream at any point they may deem proper.

Approved March 14, 1874.

No. 530. AN ACT to Incorporate the Boykin Methodist Episcopal
Church, in Marlboro County, South Carolina.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembl}', and by the authority of the same. That the offi-
cers and members of said church, in Marlboro County, be, and the
same are hereby, incorporated and declared to be a body corporate, by

OF SOUTH CAROLINA. 625

the name and style of the Bnykin Methodist Episcopal Cliurcli, '^- ^*- 1""^-
and by that name and style shall have succession of ufhcers and '' "^'

Corporate

members, and shall nave a common seal. mimo.

Sec. 2. That the said corporation shall have power to purchase, Powers and
receive and hold any property not exceeding in value the sum Qf p""'*' '^^^^•
twenty thousand dollars, and to sell, convey and dispose of the
same; and, by its corporate name, may sue and be sued in any
Court of this State; and to make such rules and by-laws, not re-
pugnant to law, as it may consider necessary and expedient, and
as shall, from time to time, be agreed upon by its members, or by a
majority of them.

Sec. 3. That the sale of intoxicating liquors be, and the same is Tntnxicatinpr
hereby, expressly prohibited within a radius of two miles every 1iu"soM ""ithin
way from said church ; that no license from any authority whatever ohurch"' ^~
shall warrant such sale; and whoever shall be "found guilty of a
violation of this Act shall be deemed guilty of a misdemeanor, and
shall be fined in a sum not less than one hundred nor more than
five hundred dollars, and be imprisoned in the discretion of the
Court.

Sec. 4. That this Act shall be deemed and held to be a public
Act and shall continue in force until repealed.

Approved March 14, 1874.

AN ACT TO Incorporate THE Mechanical Fair Association No. 531.
OF Darlington County.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That Manuel
Weston, Sr., Adam Bristow, Alfred Robinson, J. A. Smith, Samuel Corporator?.
Keith, Dallas Dargan, Edgar Harony, and their successors in office
and associates, be, and they are hereby, declared a body politic and
corporate, under the name and style of the Mechanical Fair Asso- Coniomtc
elation of Darlington County, with a capital stock not exceeding
twenty-five thousand dollars, in shares of twenty-tive dollars each.

Sec. 2. That said corporation is hereby empowered to have and Powers and

. Ill 1 , 111 privileges.

to use a common seal, and the same to alter at pleasure; to hold
real and personal property, whether acrjuired by gift, devise or pur-
chase, and the same (or any part thereof) to alien, sell or transfer;
to adopt such constitution and pass such by-laws, not inconsistent
with the laws of the land, as may, in the opinion of the members of
said corporation, appear best calculated to promote the aims and

626 STATUTES AT LARGE

A. D. iSTt. objects thereof; to sue and be sued, plead and be impleaded, in any
^^ ^ Court of competent jurisdiction, and to have all other rights, privi-

leges and immunities that are now secured by law to corporate
Proviso. bodies: Provided, That the real and personal property of each cor-
porator shall be liable for the debts of said corporation or assigns
in any amount not exceeding the par value of the stock held by
him.

Sec. 8. That this Act be deemed a public Act and shall have
force until repealed.

Approved March 14, 1874.

No. 532. AN ACT to Incorporate the South Carolina Society for
THE Prevention of Cruelty to Animals.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That George
Corporators. F. Mclntyre, W. N. Taft, J. E. Loeb, S. B. Johnson, S. J. Lee, E.
W. M. Mackey, Henry Cardozo, Josephus Woodruff, William H.
Jones, Jr., H. C. Corwin, D. A. Miller, A. O. Jones, C. C. Boweu,
C. H. Burhans, Frank Roach, Lewis Elias, W. V. Sarvis, B. F.
Whittemore, T. C. Andrews, R. A. Sisson, John A. Barre, A. W.
St. Araand, C. Smith, John Wilson, W. E. Holcombe, C. D.
Hayne, W. B. Nash, W. E. Johnson, C. P. Pelham, Jr., J. C.
Hope, Sr., and Timothy Hurley, all of the State of South Caro-
lina, and such other persons as may be associated with them, in
conformity to this Act, and their successors, are hereby constituted
Corporate and created a body corporate, by the name of the South Carolina
Society for the Prevention of Cruelty to Animals.
Officers. Sec. 2. The officers of the said corporation shall consist of a

President, five Vice Presidents, one Secretary, one Treasurer, an
Executive Committee of fifteen members, and such other officers as
shall from time to time seem necessary to this society.

Sec. 3. The foregoing officers shall be chosen from among the
members of the society.

Sec. 4. A library may be created for the use of the society.

Sec. 5. The said society, for the fixing the terms of admission
of its members, for the government of the same, for the election,
changing and altering the officers above named, and for the general
Corporate regulation and management of its affairs, shall have power to form
a code of by-laws, not inconsistent with the laws of this State or of
the United States, which code, when formed and adopted at a

OF SOUTH CAROLINA. 627

regular meeting, shall, until modified or rescinded, be equally '^- ^- i^'^-
binding as this Act upon the society, its officers and memijers, ^^"^ (

Sec. n. This society shall not, in its corporate capacity, hold real
estate exceeding in value at any one time the sum of twenty-five
thousand dollars.

Sec. 7. The police force of the city of Charleston, as well as of all Police force
other places where police organizations exist in the State, shall, as ^odrtyiii pro-
occasion may require, aid the society, its members or agents, in the mlii.''"
enforcement of all laws which are now or may hereafter be enacted
for the-protectiou of dumb animals.

Sec. 8. One-half of the fines collected through the instru- Fines,
mentality of this society, or of its agents, for violations of such laws,
sh^ll accrue to the benefit of said society.

Sec. 9. The provisions of this Act shall be general within the
boundaries of the State.

Sec. 10. This Act shall take effect immediately upon its passage.

Approved March 14, 1874.

AN ACT TO Incorporate the Orangeburg Manufacturing No. 533.

Company.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That William
F. Barton, F. W, Fairy, John S. Bowman, Samuel Dibble, T. C. Coi roratoi>.
Andrews, J. L. Moorer, P. Doyle, John H. Livingston, John A.
Hamilton, A. D. Frederick, F. H. W. Briggman, \V. A. Scovill,
George Boliver, Harpiu Riggs, W. A. Merony, T. D. Wolfe, T. K.
Legare, L. R. Beckwith, James F. Izlar, J. Felder Myers, T. H.
Zimmerman, George H. Cornelson, and their associates and suc-
cessors, are hereby made and created a body politic and corporate
in law, by the name of the Orangeburg Manufacturing Company, Corporate
for the purpose of manufacturing cotton, barrels, staves, tubs, car-
riages and wagon materials at such places in said County, and erect
such mills and other works as may be required to carry on such
branches of manufacture. And they shall have power to raise, by
subscription, in shares of one hundred dollars each, a capital of
two hundred thousand dollars, with the privilege of increasing the Capitiii stock,
said subscription to a capital of five hundred thousand dollars.

Sec. 2. That the said corporation shall not go into operation when to ?o
until twenty-five thousand dollars of the capital stock shall be paid '"''' '^P^r-^ti^"-
in in gold or silver or United States treasury notes.

628 STATUTES AT LARGE

A. D. 1874. ^EC. 3. That all the rights, powers, privileges and franchises
^1^ '' granted to the Vaucluse Manufacturing Company by an Act of the

privileges. General Assembly of the State of South Carolina, approved Feb-
ruary 26, 1869, be, and they are hereby, vested in and conferred
upon the said Orangeburg Manufacturing Company. And the said
May issue manufacturing company shall have power and authority to issue
bonds to an amount equal to one-half of their capital subscribed,
the same to be redeemable at such time, not exceeding twenty (20)
years, as may be agreed upon by the company, and to bear
interest at seven per cent, per annum, payable semi-annually.

Sec. 4. That this Act shall be deemed a public Act and remain
in force for the term of thirty years.

Approved March 14, 1874.

No. 534. AN ACT to Renew and Extend the Charter of the Shiloh
Methodist Episcopal Church, South, in Abbeville County,
South Carolina.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the charter heretofore
o(fi?t^°ChSrch' gi'^ited to the Shiloh Methodist Episcopal Church, South, in
charter ex- Abbeville County, South Carolina, be, and the same is hereby,
extended and continued until repealed, with all the rights, powers
and privileges heretofore granted.

Approved March 14, 1874.

No. 535. AN ACT to Incorporate the Pipe Creek Baptist Church,
OF Lawtonville, Beaufort County, S. C.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That W. A. Law-
Corporators, ton, George Rhodes, E. H. Peoples, John Lawton, R. H. Chovin,
Joseph V. Morrison, and all other persons who now are or who
hereafter shall or may become members of the said church, shall
be, and they are hereby declared to be, a body corporate, by the
Corporate name and style of the "Pipe Creek Baptist Church, of Lawton-
ville, Beaufort County, South Carolina," and by their said name
shall have succession of officers and members and have a common
seal.

OF SOUTH CAPvOLINA. 629

Sec. 2. That the said corporation shall have power to purchase, A. D. mi.

receive and possess any real or personal property, not exceeding ' ' '

in value the sum of twenty thousand dollars, or to sell the same; prh^rele'! """^
and by its corporate name to sue and be sued, plead and be
impleaded, in any Court of this State, and to make such rules and
by-laws, not repugnant to law, as may be thought necessary and
expedient.

Sec. 3. This Act shall be taken and deemed a public Act and
shall continue in force for a term of twenty years.

Approved March 14, 1874.

AX ACT TO Ln-corporate the Towx of Woodruff, ix the No. 536.
County of Spartanburg.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in

General Assembly, and by the authority of the same, That from

and after the passage of this Act all citizens of this State who have

resided thirty days in the town of Woodruff shall be deemed, and Town --

are hereby declared to be, a body politic and corporate, and the S.^^fri ''''

said town shall be called and known by the name of Woodruff,

and its corporate limits shall extend one mile from the point where Corporate

the Buncombe public road crosses the Georgia road in a direction ^''^'^'^

due Xorth, East, South and West, and shall include a square

formed upon the extremities of lines so drawn.

_ Sec. 2. That said town shall be governed by an Intendant and
six Wardens, who shall be citizens of the United States, and shall
have been residents of the said town for sixty days immediately
preceding their election, and who shall be elected by the qualified
voters of the said town on the second ^Monday in May, 1874, and
every year thereafter on the second Monday in May, ten days' ^^^^^^^^^'^
public notice thereof being previously given ; and that all the male
inhabitants of the age of twenty-one years, citizens of this State,
who shall have resided in the said town for sixtv days immediately
preceding the election, shall be entitled to \rote for the said
Intendant and Wardens; and A. B. Woodruff, Dr. D. D. West- Manager^ c^-
moreland, N. B. Davis, A. D. Chamblin and Jesse Leatherwood, or ^''''''''■
a majority of them, are hereby appointed Managers of the first
election to be held for Intendant and Wardens aforesaid.

Sec. 3. That said corporation shall have the same powers and ch^X^&ToV/
privileges, and be subject in every respect to the provisions of the t°o aSiy!*""'^^'^
42

Officers.

Elections—

fi30 STATUTES AT LARGE

A. D. 1874. charter granted to the town of Niuety-Six by an Act entitled "An
^' Act to incorporate the town of Niuety-Six," approved March 13,

1872.

Sec. 4. This Act shall be deemed a public Act and continue in
force until repealed.

Approved March 14, 1874.

No. 537. AN ACT to Authorize and Empower the Intendant and
Wardens of the Town of Yorkville to Open Certain
Streets in Said Town.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the luteudant and Wardens
Officer? of town of the towu of Yorkville be, and they are hereby, authorized and
open streets, empowered to open such new streets in said town as in their judg-
ment will best promote the interest and convenience of the citizens
thereof, upon the same terras and conditions and in the same man-
ner as is now provided by law for the opening of public highways
by the County Commissioners of Counties.

Approved March 14, 1874.

No. 538. AN ACT to Incorporate the Edgefield Branch Railroad

Company.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That John L.

Corporatov.-. Addison, Lawrence Cain, John C. Sheppard, Paris Simkins, O. F.
Cheatham, E. Keese, George A. Morgan, and their successors in
office, be, and they are hereby, constituted a body corporate and
Corporate politic. Under the name and style of the Edgefield Branch Railroad
Company, with all the rights, powers and privileges incident and
pertaining to similar corporations.

Subscriptions Sec. 2. That the persons herein above named, or a majority of

to be received , i n i i i , i x- iv ^i

to capital them, shall have power to open books at such time alter the passage
of this Act and at such places as they may deem proper for sub-
scription to the capital stock of a railroad to be constructed from
Edgefield Court House to some point on the Charlotte, Columbia
and Augusta Railroad, to be determined by said company, and

OF SOUTH CAROLINA. »)31

tliey sluill also have power to appoint one or more agents to canvass ^- L»- i^"^-
for And receive subscriptions to said capital stock. '

Si:<". 3. That the shares of said capital stock shall he twenty-five Hliuro. value,
(lollar.s each, and they may be subscribed to be paid in money, land tor.
or hihor.

.Sec. 4. That whenever the sum of twenty thousand dollars shall Manner ..f
have been subscribed to the capital stock of said railroad, it shall *"'^""''''' '""■
be the duty of the corporators herein above named, or a majority
of them, to call a meeting of the stockholders at Edgefield Court
House, after thirt}' days' public notice, to organize said company;
and said stockholders shall then and thereafter have power to or-
ganize the said company by electing from among their number ten
Directors, who shall, immediately after their election, choose one of Officers,
their number for President of said company; and the term of office
of the President and Directors of said company shall be one year
and until their successors shall thereafter be elected.

Sec. 5. That the capital stock of said company shall not exceed Capital stock,
one hundred thousand dollars, and no stockholder shall incur any "'"*'""^"*"-
liability by reason of his being such ^stockholder beyond the amount
of his stock in said company.

Sec. G. That the capital stock shall be paid in at such times and Capiui stock,
in such installments as may be determined upon by said company m.^ ° ^''"'^
after its organization ; but individuals may make their subscrip-
tions payable in such installments as may be agreed upon between
themselves and the corporators herein above named or other agents
of said company.

Sec. 7. That the townships of Wise, Pickens, Moss, Blocker and Certain town-
Grant, and any other township in Edgefield County, are hereby Umis.'" '^'"''
autliorized to issue bonds to aid in the construction of said railroad
to an amount not exceeding five per cent, of the assessed valuation
of real and personal property of any one township.

Sec. 8. That upon the request in writing of ten citizens in any m « n n c r
of said townships, the corporators herein above named, or a ma- "vhctiu""'"iVi>^-
jority of them, shall call a meeting of all the voters in said town- bTnm'.yr ''''^''
ship at some central place in said township, or at Edgefield Court
House for the townships of Pickens anil Wise, to determine whether
said townships will subscribe to the capital stock of said company,
giving at least twenty days' public notice of the time and place of
said meeting.

Sec. I). That at any such meeting the voters shall organize the Meetings-
meeting by electing a Chairman and clerk, and the proceedings pa ^izod.*^* "'"
shall all be reduced to writing, read over and approved by said
meeting, and signed and certified by the Chairman and clerk of the
meeting.

632 STATUTES AT LARGE

A. D. 1:^74. gjrc. 1 Q. That any meeting of the voters of any of said town-
'' ""' ships called and organized as above provided shall be authorized to
Proviso. subscribe to the capital stock of said company : Provided, That two-
thirds of the voters present at such meeting vote for the resolution
authorizing said subscription.
Bonds— what Sec. 11. That if any township shall so subscribe to the capital
issued in. stock of Said Company, the said bonds shall be issued in amounts

from §100 to §500, and be made payable in ten years from the date
of said meeting, with interest at seven per cent., payable semi-an-
nually, on coupons to be attached to said bonds, and said bonds
shall be signed by the Chairman and clerk of the meeting authoriz-
ing their issue.
Bonds, regis- Sec. 12. That the Chairman and clerk of said meeting shall file
be kept. ' a certified copy of the proceedings authorizing the issue of said
bonds, and a full registered list of all bonds issued by such meet-
ing, in the offices of the Clerk of the Court of Common Pleas,
County Auditor and County Treasurer of Edgefield County, and
each of said officers shall enter upon each of said bonds the date of
registration in his office, and sign his name thereto, before said
bonds shall be used.
Bonds to Sec. 13. That when said bonds are so ready for use, they shall be
company. delivered to said company by the Chairman and clerk aforesaid, and

said company shall issue certificates of stock for ihe same to such
township.
Bonds, inter- Sec. 14. That the County Auditor or other officers authorized to

est on. manner r i /-^ i i

ofraisingmon- assess the property or the County, and to enter the rate per centum
to be collected upon the same, shall annually assess a rate per cen-
tum on the property of the citizens of any such township to pay
the interest upon said bonds sufficient to raise the amount of the
annual interest on the same, and no more, and the County Trea-
surer shall collect the same at the same time and in the same man-
ner as the other taxes.
Coupons re- Sec. 15. That the coupous upon said bonds shall be received by

taxes. ^ ^^ said Treasurer in payment of County taxes, and the taxes collecte<l
for and on account of suiil County, by said Treasurer, shall be paid
out on said coupons, as rapidly as they may be collected by him,
until all coupons due and presented are paid.

County Treas- Sec. 16. That it shall be the duty of said County Treasurer t^

urertoperform . !> ii • j 3 -i i. i u-

certain duties, make and hie a report ot ail sums received ana paid out by nim
on account of the ta.xes collected for interest on said bonds to the
Clerk of the Court of Common Pleas for said County, ten days be-
fore each session of said Court, and exhibit to said Clerk his vouch-
ers for said payments, and said Clerk shall certify on said report
that he has examined said vouchers, and such reports shall be read

OF SOUTH CAROLINA. 633

by suid , Clerk iu opeu Court, during the scssioa of said Court, under ■^- ^- ''^'■'•
the direction of the presiding Judge.

Skc. 17. That the voters of any township may he assembled on Townrhii-.-'—
the call of any ten citizens of the township, duly published I'or ru-Te'ni"e<? Tii
twenty days, giving time and j)Iu('e and object of the meeting, and "tot-khoMurs."
the meeting organized as hereiiibeibre provided, to elect three j)er-
sous to represent the stock of saitl township in any meeting of the
stockholders of said company; and said representatives shall be
owners of real estate residing in said township and elected by a two-
third vote of the voter^j present at such meeting; and upon present-
ing a certificate, signed by the Chairman and clerk of such meeting*
showing that they were duly elected and qualified, they shall be
entitled to represent such township iu the meeting of the stock-
holders to which they were elected.

Sec. 18. No person shall be eligible to the office of Director in Director? must
said company who does not own five shares of the capital stock of a in "u uT ^of
thc^aine; and no person shall be entitled to any compensation for '' '^''' '
representing a township at any meeting of the stockholders of said
company.

Skc. 19. It shall be the duty of the President and Directors of Officers to ren-
said railroad company, and all officers of the same, to render an couut"or*coiidi-
accouut of the affairs of the same to the stockholders at least once paoy." *^°™~
a year, and as often as they may be required by said stockholders;
and the same shall be published in one or more newspapers of the
State.

Sec. 20. The President and Directors of said company shall not otiiiors not t<.
have power to contract any debt for said company until they shall mik.ss\iu'thor-
liave first been authorized by the stoekholders iu general meeting. ^^^' '

Approved March 14, 1874.

AN ACT TO Incorporate the Centenary Church and Camp No. '>o9.
Ground, of Marion County, South Carolina.

Section 1. Be it cnaded by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That William
li. Rowell, Sr., David Legette, B. Franklin Davis, Foster Brown, r..rp"mtor>.
Joiin B. Shaekelfonl, Ashley S. Legette, Edward B. Smith, J.
Edwin Stevenson, William P. liaker, Jr., and their successors in
office, be, and they are hereby, incorporated and declared to be a
body corporate, under the nanjo and style of the Ceut*?nary Church Corporate
and Camp Ground, of Marion County, South Carolina, and by that """"■''

634 STATUTES AT LARGE |

privileges.

A. D. 1SV4. name and style shall have succession of officers and members and

^^ '"^^^ shall have a comniou seal.

Powers and Sec. 2. That the said corporation shall have power to purchase,
receive and hold any real or personal estate not exceeding in value
the sum of twenty-five thousand dollars, and to sell, convey and
dispose of the same; and by its corporate name may sue and be
sued in any Court of this State, and to make such rules and by-laws,
not repugnant to law, as it may consider necessary and expedient,
Sec. 3. That this Act shall be deemed and taken to be a public
Act and shall continue of force until repealed.

Approved March 14. 1874.

No. 540. AN ACT to Incorporate the Town of Seneca City, in the

County of Oconee.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting io
General Assembly, and by the authority of the same, That from and
Seneca City, after the passage of this Act, all citizens of this State who have
porate°d.' ^°*' ^' resided thirty days in the town of Seneca City shall be deemed, and
are hereby declared to be, a body politic and corporate, and the said
town shall be called and known by the name of Seneca City, and
Corporate its corporate limits shall extend one-half mile from the point of
*™^ ^' crossing of the Atlanta and Richmond Air Line Railway Company

and the Blue Ridge Railroad, in a direction due North, East, South
and West, and shall include a square formed upon the extremities
of lines so drawn.
Officers. Sec. 2. That said town shall be governed by an Intendant and

six Wardens, who shall be citizens of the United States and shall
have been residents of the said town for sixty days immediately
preceding their election, and who shall be elected by the qualified
Elections— voters of the said town on the fourth Monday in March, 1874, and
*'"'®°"'''^'^'°° every year thereafter on the fourth Monday in March, ten days'
public notice thereof being previously given; and that all the male
inhabitants of the age of twenty-one years, citizens of this State,
who shall have resided in the said town for sixty days immediately
preceding the election, shall be entitled to vote for the said Intend-
ant and Wardens. For the purpose of holding the first election
Clerk of Court under this Act, the Clerk of the Court of Common Pleas of Oconee
Manale^s" ^ " County shall designate three suitable persons, citizens of said town,
to act as Managers of the election ; and that the Intendant and

OF SOUTH CAROLINA 635

Wardens fur the time being shall annually appoint IManagers to A. D. 1874.
coiKJuct each ensuing election. ^^''

Skc. 3. That the f-aid corporation shall have the same powers and I'lovisions ^r
privileges, and be subject, iu every respect, to the provisions of the oi'''xiiiLiy-six
charter granted to the town of Ninety-Six by an Act entitled "An .SunocVci^y.
Act to incorporate the town of Ninety-Six," approved March 13th,
1872.

Sec, 4. This Act shall be deemed a public Act and continue in
force until repealed.

Approved March 14, 1874.

AN ACT TO Incorporate the Raemont Manufacturing Com- No. 541.
PANY, of Marion County, South Carolina.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That Mur-
doch McRae, James McRae and John C. Sutherland, and such other Coiporatois.
persons as may become associated with thera, and their successors,
are hereby made and declared a body politic and corporate in law,
under the name and style of the Raemont Manufacturing Company, Corporate.

/. , p . . ■, p . , name.

tor the purpose ot spinning and manutacturing cotton or woolen

fabrics, to be located in Marion County, with. a capital stock of fifty Capitaistoek.

thousand dollars, with authority to increase the same to one hundred

thousand dollars, to be divided into shares of one hundred dollars

each.

Sec. 2. That the corporators herein named, or any two of thera, Subscriptions

to be received

shall be permitted to open books of subscription to the capital stock to capital stock

of said company at such time and places as they may deem fit, and

may appoint suitable persons to receive subscriptions to the same;

and when the sum of twelve thousand dollars shall be subscribed

in bona fide subscription to said capital stock, the said corporators, or

any two of them, shall file, in the office of the Secretary of State,

their affidavit that such amount has been bona /?c?e subscribed ; and

thereupon the persons who have subscribed to the stock of said

company shall have three weeks' public notice, by advertisement iu Amount of

• 71 -IT 1 „ stock subscrib-

a new.'5paper or otherwise, the amount of capital subscribed and of od to be pul-
the time and place when and where such stockholders shall meet to
organize said company.

Sec. 3. That said company shall, at said meeting, be organized Officers—

by the election of a President, Vice President and such number of ^ ^ "
Directors and other officers, for such terra as the stockholders present

636 STATUTES AT LARGE

A. D. ISTI. naay decide upon; and that annually thereafter the President and
' Directors so elected shall call together the stockholders for the pur-

pose of electing officers of the corporation and for the transaction
of such business relating to the interest of the company as they
may deem fit.

Sec. 4. That said company, when organized as herein provided,
Powers and ma}'' establish by-laws for the usage and government of the com-
privi egcs. pany not repugnant to the laws of this State; may purcliase and
hold such real estate as may be necessary for their purpose, and
may transfer the same; may sue and be sued, plead and be im-
pleaded, in the Courts of this State; may have and use a corporate
seal, and may enjoy all the rights, privileges and immunities of bodies
corporate in this State. They shall also enjoy such special privileges
and immunities as are now or hereafter may be conferred by law on
similar manufacturing companies within this State.

Sec. 5. That whenever the said sum of twelve thousand dollars
shall have been secured or paid into the capital stock of said com-
pany, it shall be authorized to commence business as a manufac-
turing company under this charter.

Sec. 6. That this Act shall be deemed a public Act and remain
in force for the term of twenty-one years.

Approved March 14, 1874.

Xo. 542. AN ACT to ArxiiORizE P. T. Smith to Build a Wharf at
Gardner's Bluff, in Marlboro County.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That P. T.
. P. T. Smith Smith be, and he is hereby, authorized to build a wharf at Gard-

to buill wharf. , r., «, , n t-w n-

ners Bluff, on the Fee Dee Kiver.

Sec. 2. That the franchise herein granted shall be vested in the
said P. T. Smith, his heirs, executors, administrators and assigns,
for a term of twenty-one years.

Approved March 14, 1874.

No. 543. AN ACT to Amend an Act Entitled "An Act to Charter
THE Anderson, Aiken, Port Royal and Charleston Rail-
road Company."

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in

OF SOUTH CAROLINA. 037

Cienenil Assembly, ami by the aulhority ot" the same, That an -^- ^^- '*^'-
Act entitled "An Act to charter the Anderson, Aiken, Port Royal "^ '
and Charleston Railroad Company," approved February 2(), 1873,
1)0, and the same is hereby, amended by adding the following, to Additiomii
Wit: Among tlie list or incorporators insert the names t,. 31.
Sumter" and " B. W. Middleton."

Skc. 2. That tho said Anderson, Aiken, Port Royal and Charles- To construct
ton R'lilroad Company be, and they are hereby, auth(jrized and o^rt„i„ ["Am-
empowered to construct the main line of said railroad to or from Koyai."
any place mentioned in its charter, by the most practicable route,
through the Counties of Barnwell, Beaufort and other Counties
therein mentioned to Port Royal harbor, and to construct such
other branch roads to points named in said charter as may be
deemed desirable.

Skc. 3. That it shall be lawful for the said company to connect
and consolidate their railroad with the Port Royal Railroad or any
other road on the line of said Anderson, Aiken, Port Royal and
Charleston Railroad Company, or its branches, at such point as
may be declared most practicable.

Sec. 4. That the said company be, and they are hereby, author- Main line of
ized and empowered to extend the main line of said railroad exteudud.
through the Counties of Anderson and Pickens, by the most
practicable route, to the Richmond and Atlanta Air Line Railroad,
and have power to connect and consolidate with said Richmond and May cnn.-oii-
Atlanta Air Line Railroad Company; also to construct the main road,"'
line of said Anderson, Aiken, Port Royal and Charleston Railroad
to the North Carolina line, at or near Sassafras Gap, and to connect
or consolidate \vith any other railroad company leading from the
West.

Sec. 5. That it shall l)e lawful for any County or town interested Counties and
in the construction of the said Anderson, Aiken, Port Royal and sl^rlbr."to"\api'-
Charlestou Railroad Company, by a majority of the voters of such eoinptmy. "
County or town, to subscribe to the capital stock of said company,
or of any company with which it may consolidate or unite, such
sum, not exceeding five per cent, of the assessed valuation of such
County or town, payable in such manner as tiie proper authorities
of such County or town shall determine and authorize; and in all
meetings of stockholders the County Commissitjiiers of the re-
spective Counties and the Town Councils of the respective towns
shall appoint some i)erson to re[)rosoiit the stoi'k of their respective
Counties ami towns.

Sec. (). That it shall be lawful for the corporators named in said Corporators

lii 1 • 11-111111 may vote by

charter to vote by proxy or in person, and that it shall be the duty proxy,
of the first persons named iu the list of such corporators to call

638 STATUTES AT LARGE

A. D. 1874. the first meeting and advertise the same in such newspapers as

'~' * ' may be published in the Counties through which the said road

passes.

Company Sec. 7. That the said company be, and they are hereby, author-
may construct . ^ -, i, .,-,^i ij

either broad or ized and empowered to construct either a broad or narrow gauge

narrow gauge m i ^i j j • i i

road. railroad, as they may deem desirable.

Sec. 8. All Acts or parts of Acts conflicting with the provisions
of this Act are hereby repealed.

Approved March 14, 1874.

No. 544. AN ACT to Authorize and Require Certain Jury Com-
missioners TO Prepare Jury Lists for the Year 1874,
AND FOR Other Purposes Therein Mentioned,

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That the
.Jury Com- Jury Commissioners who have failed to prepare jury lists for their
preTpare^Tury respective Counties for the year 1874 during the month of January
^^^*''' last past, as required by law, be, and they are hereby, authorized

and required to prepare such lists on or before the first day of
April in said year.
All jurors to Sec 2. That from the lists so prepared all grand and petit jurors
lists so pre- required by law for said year 1874 shall be drawn, summoned and
returned in the same manner now prescribed by law.
Section ,1, Sec. 3. That Section 1 of Chapter CXI, Title II, of Part III of
of General the General Statutes be, and the same is hereby, amended as fol-
amended. ' lows, to wit: Insert between the words "Commissioners" and
"shall," occurring in the fourth line of said Section, the words "or
a majority of the same."
Conflicting Sec. 4. All Acts or parts of Acts conflicting with the provisions

Acts repealed. /.,!.*, i i i j

01 this Act are hereby repealed.
Approved March 14, 1874.

No. 545. AN ACT to Confer the Rights of Legitimacy on Char-
lotte Sullivan and John Crim.

Section 1. Be it enacted by the Senate and House of Repre-

Rigiit of le- Bentatives of the State of South Carolina, now met and sitting in

ftrredon Cha^- General Assembly, and by the authority of the same. That Charlotte

lotte Sullivan, g^jj-^^^^ formerly Charlotte Washington, begotten of the body of

OF SOUTH CAROLINA. 639

Minerva Washington, of Greenville County, be, and she is hereby, ^- ^- ^■^''^•
invested with all the rights and privileges of a legitimate child, in
the same manner and to the same extent as if she had been born
in lawful wedlock.

Sec. 2. That John Crim, begotten of the bodies of D. Brady and Right of le-
Polly T. Crim, of Orangeburg County, be, and he is hereby, in- ferrecion John
vested with all the rights and privileges of a legitimate child, in
the same manner and to the same extent as if he had been born in
lawful wedlock, and that his name be changed from John Crim to Name changed
that of John Brady, and his father, D. Brady, takes charge of his ' •

person and provide for his education and support.

Approved March 14, 1874.

AN ACT TO Incorporate the Sea Island Railroad Com- No. 546.

PANY.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That for the
purpose of establishing a railroad from or near the mouth of Station
Creek, on St. Helena Island, in the County of Beaufort, to traverse
portions of said island of St. Helena, Ladies' and Port Royal
Islands, and to form a junction or connection wath the Port Royal
Railroad at a point not exceeding five miles North and West of the
town of Beaufort, a charter, conferring all the rights and privileges
incidental to the same, be, and the same is hereby, granted to and
vested in Robert Smalls, Hastings Gautt, Samuel Greene, John Corporators.
Harae, William E. Towne, Henry G. Judd, W. H. Paten, N. B.
Myers and their associates ; and whenever a company shall have
been formed in accordance with the conditions hereinafter expressed
and prescribed, it shall be known by the name of the Sea Island Corporate
Railroad Company, and shall have a corporate existence, as a body
politic, in perpetuity.

Sec. 2. That the capital stock of said company shall be one mil- Capital stock,
lion five hundred thousand (1,500,000) dollars, in shares of fifty '
(50) dollars each; and for the purpose of raising the said capital Capital stock,
stock, books of subscription may be opened at such places and in'g.
times as may be considered for the best interests of said corporation,
under the direction of the incorporators, such places and times of
receiving subscriptions to be determined by a majority of the said
incorporators; and due notice of the opening of such books for sub-
scriptions shall be published in at least one newspaper in each of

640 STATUTES AT LARGE

A. D. 1874. ti^g Counties of Beaufort and Charleston, and said books for sub-
scription shall be kept open for the period of one month, and
longer, if the majority of the incorporators shall so determine.
Whenever the sum of fifty thousand dollars shall have been sub-
scribed, any four of the said incorporators shall give public notice,
for at least two weeks, of the time and place of meeting for the
purpose of organization.

Rijrbts eon- Sec. 3. Whenever the said sum of fifty thousand dollars shall

ferred upon, .i,, i •, ,• i--

Port Royal nave been subscribed, the subscribers, their executors, administra-

Riiilroad Com- . i n i , , i i i i i i •

pany to extend tors and assigns, shall be, and they are hereby declared to be, in-
to Sea Island , . ■ i n i • i i • •

Railroad Com- corporated into a company, with all the rights, powers and privi-
leges conferred upon the Port Royal Railroad Company by an Act
entitled "An Act to charter the Port Royal Railroad Company,"
ratified 21st of December, A. D. 1857.
Company may Sec. 4. That Said Sea Island Railroad Company shall have

mortgage its . ^ ' •■

property. power to mortgage its property, and issue bonds, at such rates of

interest, and upon such terms and conditions, and for such uses and
purposes of said corporation, as the Board of Directors may deem
necessary or expedient: Provided, That the issue of bonds shall .in
no case exceed the amount of one million five hundred thousand dol-
lars of its capital stock.
May con- Sec. 5. That the said company shall have the right to construct

struct bridges. ... . T

Proviso. and maintain bridges across navigable rivers: Provided, That good
and sufficient draws shall be built at such crossings, to be opened
for the passage of vessels whenever the same shall be necessary.

Taxes. Sec. 6. The said company shall be liable to the payment of all

taxes and assessments which may be levied upon their corporate
estate pursuant to the laws of this State.

Sec. 7. Said railroad, wharves and warehouses shall be com-
menced within five years, and completed within ten years from and
after the passage of this Act.

May eon- Sec. 8. That Said Sea Island Railroad Company be authorized

struct wharves o • /-i i

and w a r c - to construct wharves and warehouses at Station Creek.

Sec. 0. That all Acts or parts of Acts inconsistent with this Act
be, and the same are hereby, repealed.
Approved IMarch 14, 1874.

No. o47. AN ACT in Relation to the Service of Legal Process.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
Fees not to be General Assembly, and by the authority of the same. That

allowed to any r- , ,, , ,," i . r ."u • e

persons other no lee shall be allowed to any person tor the service ot any sum-

than officers or , , ,

their deputies, mons, Complaints, answers, demurrers, subpoenas and every other

OF SOUTH CAROLINA. 641

legal process issuing in the ('i)nits of Common Pleas and Courts of A- "• i*^"'-
Probate of this State not made by the vSheriff of the County where ^''^^

1 • 11-111 -11. . I'nrHoiis vio-

such process is served or nis legally-constituted deputies. Any per- i.itinjr pmvis-
sou violating the provisions of this Act shall be lial)le to pay ten- t.> pay ten-fold
fold to the party aggrieved, to be recovered by suit in any Court of nggrievcci.
competent jurisdiction.

Sec. 2. That all Acts and parts of Acts iuconsistent with this Act Conninting
are hereby repealed. AcU repealed.

Approved March 14, 1874.

AN ACT TO Amend an Act Entitled "An Act to Renew No. 548.
AND Amend the Charter of the Town of Anderson."

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That an
Act entitled "An Act to renew and amend the charter of the town
of Anderson," approved March 9th, 1871, be amended as follows,
to wit: Insert between the word "town" and the word "the," in
the twenty-fourth line of Section 9, the words "and on personal Tax on per-
property owned and held within the said town, including bonds etc.''' '^'^*^'''''^'"^'
and stocks of banks and insurance companies and other corpo-
rations." The following to be Section 22: "In the assessment
of all property in said town, it shall be the duty of the Clerk
of Council of said town to deliver to or leave at the residence cierkofCoun-
or place of business of each person within the corporate limits bilmk' r"uinis
of said town a printed form or statement of return for taxation, '"^"^ '"'"'"*'"■
with a proper form of oath thereto, and shall, at the time he
delivers such forms, receive from such person the statement of
property for taxation required by this Act, verified by the oath of Returns to be

„.i I ^ ■ c ,.\ 1 ,. 1 j-i imiide under

sucii person; but ii the person be not ready, nor desire to make oatii.
such statement at the time of receiving sucii form, he shall make
up such statement and deliver the same within twenty days; and in
case of failure so to do, shall be held to have neglected to list, and Upon fnilure
shall be assessed and returned by the Clerk of Council accordingly; hoi.uVto make
and if the Clerk of Council shall fail to deliver the form aforesaid nurk'^^hau" do
to any person, such person shall not thereby be excused from '""■
listing their property for taxation, but in siu-h ease, if they make
and swear to their statement and deliver the same to the Clerk of
Council at any time within ten days from the expiration of the Additional
time required by this Section, the Clerk of Council shall not return ins "return"!"
them as neglecting to list. And that in every election for War-
dens of said town, every qualified voter shall, if he so desire, be

642 STATUTES AT LARGE

A. D. 1S74. allowed to vote under the system of cumulative voting, that is, in
^Ji! ' such ratio as he may see fit: that is, he tnav cast the whole number

Jilectors may _ j • » > .

vote undersys- of his votes for One of said Wardens, or he may cast three votes

tein ot CHiuii- _ \ •'

jative voting, for one and one vote for another of said Wardens, or two votes for

one and two votes for the other of said Wardens. That between

the words "shall" and "be," in the fourth line of Section 3 of said

" lleieafter ■' Act, the word " hereafter" be inserted; and that on the fifth line of

inserted.

said Section the word "September" be stricken out and the word

"Augusfin- "August" be substituted in lieu thereof, so that it may read : "The

of "Septem- said Intcndaut and Wardens shall hereafter be elected on the

second Monday in August."

Sec. 2. That Section 22 be made Section 23 of the amended

Act.

Approved March 14, 1874.

No. 549, AN ACT to Establish Certain Public Roads in the County

OF Georgetown,

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same. That the County Commissioners

County Com- of Georgetown County be, and they are hereby, authorized and re-

^tabUsh'^^a 11 d quired to open, establish and keep in repair a public road, cora-

roads 'in repair! meucing at or near Union Church, and running near the Good

Hope Church, to Yawhaney Ferry, in said County. Also, to open,

establish and keep in repair a public road, commencing at or near

Britton's Ferry, Pee Dee, and running to or near Choppee, on Black

River, thence through Dunbar Neck to tlie public road in said

County. And also to repair the bridge over Snow Mill Creek and

kee^:) the same in good repair.

Approved March 14, 1874.

No. 550. AN ACT TO Rei^uire THE County Commissioners OF Charles-
ton County to Erect a Poor House in Said County'.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
County Com- ^^^^'■^^ Assembly, and by the authority of the same. That the
e"r*e'c"^p 0 o^r County Commissioners of Charleston County be, and they are hereby,
house. authorized and required to erect a poor house within the said

OF SOUTH CAROLINA. G4.'J

County of Cliarle.ston, at such point as they may deem necessary : •■^- '^- '^"^•
Provided, That such poor house shall uot exceed iu cost of erection I ''

rn Cost of 8HII1C.

four thousand dollars: And provided, farther, That said poor house Open to all
shall be open to all classes of the indigent poor of said County,

Sec. 2. That said County Commissioners shall advertise in one
or more papers of Charleston C^ouuty for proposals to erect the said Proi.o.sals.
poor house, and, after due notice, of not less than twenty days, the
bids for the same shall be opened, and the lowest bid therein pro- Contract to w
posed, if properl}^ secured by two good and sufficient securities in u.weKt'^i/Klder.^
double the amount of the contract so to be given, and filing the same
with the Clerk of the Court for said County, they shall be awarded
the contract; and the County Commissioners of said County are
hereby required to cause the buihliug of said poor house to be com- Building—

1 ■ 1 • 1 1 f 1 p 1 • • w h e n to be

raenced within three months after the passage of this Act; and in commenced,
case of their failure so to do, or neglect of any of the provisions
hereof, said County Commissioners shall be deemed guilty of a Penalty for
misdemeanor, and, upon conviction thereof, shall be fined and im-
prisoned at the discretion of the Court.

Sec. 3. That all Acts and parts of Acts inconsistent with the
provisions of this Act be, and the same are hereby, repealed.

Approved March 14, 1874.

AN ACT TO Authorize and Empower Champion Dye, No. 551.
Horace White and Others to Erect and Keep in
Repair a Gate Across the Public Highway Leading
from Camden Court House to Liberty Hill, in Kershaw
County.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That Champion Champion Dye

T-. .y wri •. 1 .^L II J . .1 and oiliers may

JJye, ilorace White and others are hereby empowered to erect and erect certain

keep in repair a gate across the public highway leading from Cam- *'''

den Court House to Liberty Hill at or about a point known as

Beaver Creek, situated in Kershaw County.

Sec. 2. That should thoy fail to keep the gate iu repair after its Penaitv for

erection their right of keeping said gate across the public highway sauunn rep.ifr!

shall be declared void on proof of the same.

Approved March 14, 1874.

644 STATUTES AT LARGE

A. D. 1S74. AN ACT TO Incorporate the Enterprise Gas Light Com-

' ^ PANY OF Charleston, S. C.

No. o52.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and silting in
General Assembly, and by the authority of the same, That Jacob
Corporators. Heury Williman, W. A. Grant, A. O. Jones, S. E. Gaillard, W. R.
Jervey, W. H. Jones, R. B. Anderson, J. Woodruff, W. F. Puddon,
and their associates and successors, shall be, and they are hereby,
incorporated and made and declared a body politic and corporate.
Corporate in deed and in law, by the name and style of the Enterprise Gas
name. Light Company of Charleston, South Carolina, and, as such body

General pow- politic and Corporate, shall have power to make, use, have and keep
a common seal, and the same to alter at will ; to make all necessary
by-laws not repugnant to the laws of the land, and to have succes-
sion of officers and members conformably to such by-laws; and
to sue and be sued, plead and be impleaded, in any of the Courts
of this State, and to have, use and enjoy all other rights and
be subject to all other liabilities Avhich are incident to bodies
corporate.

Sec. 2. That the said corporation shall have full power and
Maymanufac- authority to manufacture, make and sell gas, to be made of rosin,

ture and s e 1 1 , ., . , • i i /■ • i i

gas. coal, oil, turpentine or other material, and to lurnish such quan-

tities of gas as may be required in or near the city of Charleston for
lighting the streets, stores, manufactories and buildings there situate
May lay pipes, and for Other purposes; to lay pipes or other conductors for con-

etc, through . i i i n i ^ /> i

the streets of ducting gas through the Streets, alleys, lanes and squares or the

Charleston. .,./--,, i n • ^ . ' . . , , ,

City or Charleston atoresaid, or its vicinity, and also to erect such
buildings and hold such real and personal estate as may be requisite
or necessary to carry on the business aforesaid. And to effect such
purposes shall have full power, by sale or otherwise, to amalgamate.
May unite or consolidate and unite with any other company incorporated for

consolidate , , , , i ii i i

with compa- similar purposes; and such other companv shall, on such amalga-

nies doing sim- . ,. , . , . , , " , . i • i •

iiar business, mation, consolidation and union, by purchase or otherwise, which it

is hereby authorized to make, be invested with the same powers and

clothed with the same duties as the company hereby incorporated.

Capital stoc-k, Aud the said corporation shall have power to raise by subscription,

raised. in shares of ten dollars each, a capital of five hundred thousand

dollars, with the privilege of increasing the same to one million
When may dollars; and the said corporation shall or may go into operation,
and the rights, privileges and franchises hereby granted shall
attach, whenever fifty thousand dollars of the capital aforesaid shall
be paid in, aud an oath or affirmation thereof shall have been made
by the President, Treasurer and a majority of the Board of Di-

commence

OF SOUTH CAROLINA. 645

rectors of the said company, and recorded in the office of the Secre- A. D. 1874.

tary of Slate, at Columbia, and shall have been published in one of '

the newspapers of said city.
Sec. 3. That the said shares in the capital stock aforesaid of the Sh«re.s per-
, said corporation shall be deemed personal estate an<l be transfera- '""''' "'""p^'"'-^-
ble only on the books of the said corporation. And no part of the Capital stock
said capital stock shall, at any time, or under any pretense what- "l' 'to'Vtoek:
ever, be loaned to or divided among the stockholders; nor shall ''°''^"''
the said capital be withdrawn or divided among the stockholders
until all the liabilities of the said corporation have been lawfully
paid ; nor shall any dividend be at any time declared, except of the
clear earnings and profits of the said company over and above the
ca])ital.

Sec. 4. That if the proprietor of any share shall refuse or neglect
to pay any installment assessed thereon for the space of thirty days
after the time appointed fur the payment thereof, the Treasurer of
the company may, by order of the Board of Directors thereof, sell, Sale of .hare,
by public auction, a sufficient number of any shares held by such stLSd^'!''
defaulter to pay all installments then due by him, together with the
necessary -and incidental charges; and the Treasurer shall give
notice of the time and place of such sale, and of the sum due on
each share, by advertising the same for two successive weeks previ-
ous to such sale in some newspaper of the city of Charleston; and a
bill of sale of the shares so sold shall be made by the Treasurer of
the company to the purchaser thereof, who shall thereon be entitled
to have the same transferred to him on the books of the company,
and shall be liable for all installments on the stock which he may
have purchased.

Sec. 5. That the said Jacob Henry Williman, W. A. Grant, S.
E. Gaillard, W. K. Jervey and Richard B. Anderson may open
books and take subscriptions for the capital stock of the said com- Book^ofsuh
pany in such manner as they may deem expedient; and whenever
such subscription shall amount to the sum of fifty thousand dollars,
the stockholders, having had two weeks' notice in writing, or Jn one'
of the public newspapers in the city of Charleston, may meet and
proceed to elect a President, Treasurer and Board of Directors, or
such other officers as they may deem necessary for organizin^^ 'the
said company and con.lucting the affairs thereof; and the°said
Board of Directors shall continue in office until their successors
shall have been duly elected; and, until otherwise provided by the
by-laws of the said corporation, shall have power to dispose of the
residue of the capital stock of the said company notsubscribed for,
in such manner and at such times as they may deem fit; and at the
said election of officers, and at all other meetings of the said com-

scriptiou.

t546 STATUTES AT LARGE

A. D. 1ST4. pany, every stockholder shall be eutilled to one vote for every share
' held by him.

A u 11 II a 1 Sec. 6. That the Directors shall submit to the stockholders,
directors. annually, a written statement, under oath or affirmation of the

Treasurer of the corporation, setting forth the amount of the capi-
tal stock paid in and of the general assets of the company, and
also the amount of all existing debts and liabilities of said company.
Penalty for- Sec, 7. That any person willfully iuiuriug, or causing to be in-

injunug prop- . , •'* ,.-i . n^/.-

orty of com- jured, any of the property of said corporation shall forfeit and pay
to the said corporation treble the amount of damages sustained by
such injury, to be recovered by action in any Court having cogni-
zance thereof, and shall be considered guilty of a misdemeanor ;
and, being thereof convicted, shall be punished by fine not exceed-
ing one thousand dollars or imprisonment not exceeding two years,
or both, in the discretion of the Court.

Sec. 8. That this Act shall be deemed a public Act and continue
in force for the term of twenty years.

Approved March 14, 1874.

No. 553. AN ACT to Authorize D. F. Appleton to Erect a Wharf
OR Wharves on Any Property Owned by Him in the
Town or City op Port Royal.

Section 1. Be it enacted by the Senate and House of Represent-
atives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, ThatD. F. Apple-
D.F.Apple- ton be, and he is hereby, authorized and empowered to build a

ton to build i ,. , i i i i • •

wharf nnd eoi- whari Or wharvcs, to deep water, on any property owned by him in

Icet wharfage. , • p -n -n ^ 1j ii"^i I p

the town or city or Port Koyal, and to collect the usual rates oi
wharfage on the same.

Sec. 2. This Act shall be taken and deemed a public Act and
shall remain in force for a period of ninety years.

Approved March 14, 1874.

No. bh\. AN ACT to Authorize and Empower the County Commis-
sioners of Aiken County to Open and Keep in Repair
a Public Road Running from Jackson Station to the
Augusta Road.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the County Commission-

OF SOUTH CAROLINA. 647

ers of Aikeu County be, and they iire hereby, authorized and -^- ^*- ^^'^•
directed to open and keep in repair a public road running from S^ / 7^ _
Jackson Station to the Augusta road. mi-ssiouers to

'^ 0 ]) e n public

Approved March 14, 1874. highway.

AN ACT TO Incorporate the Camden Jockey Club. No. ooo.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That the fol-
lowing persons, John Cantey, T. H. Clark, John B. Moore, R. C. ^^In corpora-
Richardson, Johnson Hagood, Edward Cantey, E. J. Dunlap, and
all other persons who are now or may hereafter become members
or stockholders of the association known as the " Camden Jockey Corporate
Club," be, and are hereby, constituted a body politic and corporate,
by the name and style of the Camden Jockey Club.

Sec. 2. That the said association by its name, the Camden Jockey Powers ami

Club, shall have succession of officers and members according ^q i'^'^' <^^^"

its by-laws, and shall have power, respectively, to make by-laws,

not repugnant to the laws of the land ; to have, keep and use a

common seal, and the same to alter at will; to sue and be sued, to

plead and be impleaded, in any Court of this State; and to have

and enjoy every right incident to corporations.

Sec. 3. That they are also empowered to retain, possess and enjoy May inquire
11 , I • 1 1 1 i- 'I'l'^ convey

all such property as they may now, respectively, be possessed or or real estate.

entitled to, or which shall hereafter be given, bequeathed to or in
any manner acquired by them, and to sell, alien or in any way trans-
fer the same or any part thereof: Provided, The amount of property
80 held, or stock invested, shall in no case exceed twenty thousana
dollars.

Sec. 4. That this Act shall be and continue of force for the term
of twenty years, and from thence until the adjournment of the
next ensuing session of the Legislature.

Approved March 14, 1S74.

AN ACT to Amend the Charter of the Town of Beau- No. 55(i.

FORT.

648 STATUTES AT LARGE

A. D. IS, 4. collect a tax upon personal property as provided in the Constitu-
tion of this State; and all taxes so assessed and to be collected
under any ordinance of said town, for the year 1874, shall be
deemed valid and have full force in law.

Judi:ciai Sec. 2. That the Intendant or acting Intendant of said town is
powers. _ ....

hereby vested with all the power and jurisdiction given to Trial

Justices of this State, and may hold Court for the trial of viola-
tions of town ordinances, and may punish by fine or imprisonment,
in his discretion, or both.
Approved March 14, 1874.

N"o. 557. AN ACT to Incorporate the Palmetto Land and Lumber

Company.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, Ira D. Sturgis,
Corporators. Mark Barker, Henry W. Bradbury and E. Perry Butts, and their
associates and successors, are hereby constituted, made and created
Corporate q, body politic and corporate, by the name of the " Palmetto Land
and Lumber Company," and by that name may sue and be sued,
plead and be impleaded, and shall be entitled to all proper reme-
dies at law and equity, and enjoy all the privileges incident to
similar corporations and manufacturing companies.

Business of Sec. 2. The business of said company shall be the manufacture
company. .

of lumber, and they are hereby authorized to carry on said business

in all its branches; to purchase, hold, sell and convey real estate;
may erect mills, maintain booms, and generally do all things neces-
sary for the purpose of carrying on the business of manufacturing
lumber as aforesaid.
Capital stock. Sec. 3. Said company may fix the amount of its capital stock,
and may increase it from time to time, not exceeding, however, two
hundred thousand dollars in all. Said corporation may have and
use a common seal, which they may alter at pleasure.
Meeting and Sec. 4. The first meeting of said company mav be called by a

organization. . . o, •, n ' ■>•

notice, signed by one of the corporators, and forwarding a copy to
each of the others, stating the time and place of the meeting, twelve
days, at least, before the time specified, or any three of said corpo-
rators may meet and organize said company.

Sec. 5. This Act shall take eflTect when approved, and shall con-
tinue to be in force for twenty years, and until the meeting of the
first General Assembly thereafter.

Approved March 14, 1874.

OF SOUTH CAROLINA. 6-l'J

No. 558.

AN ACT TO AiMKND AN AcT Entitlkj) "An Act to Establish ^- ^- ^'^"^•
A New Judicial and Election County from Portions of
THE Counties of Baknwell, EixiEFiELD, Lexington and
Oranceburg, to he Known as Aiken County."

Section 1. Be it enacted by the Senate and House of Represent-
atives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same. That Section 1
of an Act to establish a new judicial and election County from
portions of the Counties of Barnwell, Edgefield, Lexington and
Orangeburg, to be known as Aiken County, be amended by striking
out, on line !(!, all after the word " line " down to " where," on the boundary

• 1 IT 1 • 1 /• 11 • 1,1 » X TTT 1 1 1 line changed.

eighteenth line, and insert the lollowing: by A. J. Weathersoees
Old Mill ; thence iu line, not to exceed one and a quarter of a
mile from the present line on the Savannah River; thence up the
Savannah River to the initial point at the mouth of Fox's Creek." County Com-
And the County Commissioners of Aiken County are hereby employ x u r -
authorized to employ and pay one competent surveyor to run out <.ut boundary
and properly mark and define the said boundary, as altered by this '°*^'
Act.

Sec. 2. That all Acts and parts of Acts inconsistent with this
Act are hereby repealed.

Approved March 14, 1874.

AN ACT TO Renew the Charter op South Carolina Lodge, No. 559.
No. 1, I. O. O. F., OF THE City of Charleston.

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That the charter of South Care- ch.irtcr of
lina Lodge, No. 1, I. 0. O. F., be, and the same is hereby, renewed, Lo.'igo ?encwed
and shall continue in force until amended, altered or repealed ; and
that all acts done by the said South Carolina Lodge, No. 1, I. O. O. Ai-ts done
'., Since the expiration ot its charter, in conformity thereto, shall tion of charter
bo, and the same are hereby declared to be, as good and valid, to ^'' '
all intents and purposes, as if the same had been done before the
expiration of its charter.

Approved March 14, 1874.

650 STATUTES AT LARGE

A. D. 1*574. ^\x ACT TO Incorpokate the Gowexsville Seminary, at

jr^'TTT GowENsviLLE, Greenville County, South Carolina.

No. 560.

Section 1. Be it enacted by the Senate and House of Repre-
sentative? of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That Thomas
Corporator?. J, Earle, George W. Holtzclaw, "William A. Mooney, Berryman
Stewart, G. B. Reid, be, and the same are hereby, incorporated and
declared to be a body corporate, by the name and style of the
" Trustees of the Gowensville Seminary," and by that name and

Corporate stvie shall have succession of officers and members and shall have
name. ' ,

a common seal.

Powers and Sec. 2. That the said corporation shall have power to purchase,
receive and hold any real and personal estate, not exceeding in
value the sum of thirty thousand dollars, and to sell, convey and
dispose of the same ; and by its corporate name may sue and be
sued in any Court in this State; and to make such rules and by-
laws, not repugnant to law, as it may deem necessary and expedi-
ent, and as shall from time to time be agreed upon by its members
or a majority of them.

Approved March 14, 1874.

No. 561. AX ACT to Authorize and Empower the Apprentices' and
M1NOP..S' Library' Society*, of Charleston, to Unite with
AND Form a Part of the Charleston Library Society.

' Section 1. Be it enacted by the Senate and House of Repre-

sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That it shall
Apprentices' and mav be lawful for the Apprentices' and Minors' Librarv So-

and Minors' . n" y,i i • • i i r- /• .1 /-.l " i

Librarj- Socie- cietv, 01 Charleston, to unite with and form a part 01 the Charles-

ty may unite V -i /-. • 1 • 1 1 1

with Charles- ton Library Society at such time and upon such terras as may be

ton Library , , ,, , ., . ,,

Society. agreed upon by and between the said two corporations, and under

such union to be known by the corporate name of the Charleston
Library Society, with all the corporate rights, privileges and au-
thorities belonging to the Charleston Library Society.
May transfer Sec. 2. That upon such uuiou being agreed upon and made, it

Liid'society^ shall and may be lawful to and for the Apprentices' and Minors'
Library Society, of Charleston, to convey and transfer all of its
property, real and personal, to the Charleston Library Society, to
be held and used by it for the united corporations:

Approved March 14, 1874.

OF SOUTH CAROLINA. G.->1

AN ACT TO Allow Hon. Thompson H. Cookk, Exrc tor of a- '*• '^"^•
Daniel Zeioler, to Recover Certain Lands Sold for ^7^ '7X
Taxes Throu(;h the Default of Others. ' "^ "'

"Wlierea-s certain lands belonging lately to the estate of Daniel Prcanii.io.
Zeiglor, wliich were in tlie possession of one John M. Pennington,
nnder a mortgage deed, have been sold for taxes by reason of the
defanlt of said Pennington, and purchased by one William Price,
son-in-law of said Pennington ; therefore,

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That the
Honorable Thompson H. Cooke, executor of the last will and tes- t. h. Cook.;
taraent of Daniel Zeigler, deceased, shall have the right to recover ™ruiiu''innl-! "^
certain lands, consisting of a plantation containing five hundred
and eighty-six (586) acres, more or less, comprising four several
tracts, lying and situate in the County of Richland, on the waters
of the Cougaree River, and bounded on the South and West by said
river, and on the North by lands of William W. Braddy. which
were conveyed by the said Daniel Ziigler on the 26th day of Febru-
ary, A, D. 1872, to John M. Pennington, and, to secure the purchase
money of the same, the said John M. Pennington, on the same day,
executed a mortgage of said lands, and entered into possession
thereof, which lands, by reason of the failure of said John M. Pen-
nington to pay the taxes due thereon, while the same were in his
possession, were sold by the County Auditor of Richh\nd County,
on the 7th day of May, A. D. 187;>, for taxes, and purchased by
one William Price, the son-in-law of the said John M. Pennington,
and are now held and claimed by him.

Si:c. 2. That the said Thompson H. Cooke, as executor aforesaid, ■When cinj-
shall have the right, upon tlie repayment by him to the said William ,iu;' posse"sioii.
Price of the taxes, costs and expenses paid l)y the said William
Price, and the legal interest thereon from the time of said payment,
to the immediate possession of the land described in the first Section
of this Act, and all the right and title of the said William Price to
said land, under the tax sale aforesaid, upon such repayment, shall
pass to the said Thompson H. Cooke, executor, as aforesaid, any
particular right claimed by the said William Price under any tax
title executed by any officer of this State to the contrary notwith-
standing.

Approved March 14, 1874.

652 STATUTES AT LARGE

A. I). 1874. AN ACT TO Provide for Tiiii Tkansfer to the Officers
'7^ of the Courts of Aiken County All Processes and Other

j«lo. obd. Papers Relating to Suits or Proceedings in Said County,
Begun in Any Portion of the Counties Originally Con-
stituting Said County which Have Become Part There-
of.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That the
Clerks of the Circuit Courts and the Judges of Probate of the
Counties of Barnwell, Edgefield, Lexington and Orangeburg shall
Trnnsfer of forthwith transfer to the Clerk of the Circuit Court for the County
to*^ CUrk^"]" of Aiken, and to the Judge of the Probate Court thereof, ail pro-
bar/'comt Tf cesses and other papers belonging or in any wise appertaining to
Aiken County, ^^^j^^ ^^ proceedings commenced in the respective Courts of said
Counties, wherein the defendants reside iu those portions of said
Counties now separated therefrom, and constituting the County of
Aiken, and the same shall be as valid as if commenced in, or made
returnable to, the Courts of the County of Aiken.
Penalty for Sec. 2. Any Clerk or Judge of Probate of any of the Counties
fiuiuresotodo. ^^^^^ -^^ ^|^g f5,.g,. Section of this Act who shall fail or neglect, for
one month after demand by the Clerk of the Circuit Court or Judge
of Probate of the County of Aiken, to perform the duties herein
enjoined shall be held guilty of a misdemeanor, and, upon convic-
tion thereof, shall be fined not exceeding one thousand dollars, or
imprisoned not exceeding one year, in the discretion of the Court.

Approved March 14, 1874.

No. 564. AN ACT to Incorporate the Young Sons of HdNOR, of
the Fripp^ Point, of St. Helena Island, South Carolina.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting iu
General Assembly, and by the authority of the same. That Samuel
Corporators. Washington, Cuffy Chisolm, March Aiken, Aleck Richardson,
Peter Watson, Jr., January Green, David Simmons, William White,
Lot Richardson, Robert White, Prince Jenkins, their successors in
office and associates, be, and they are hereby, made and declared a
Corporate body politic and corporate, under the name and style of the ""i oung
'■■""•=• Sons of Honor, of the Frippe Point, of St. Helena Island, South

Carolina," and by that name and style shall have a succession of

OF SOUTH CAROLINA. 653

oflicers :iud ineml)cis, iiiul sluiU have u ccjiniiioii sciil, the same to ^^- ''• ''^'•
change and alter at will. ^ '

Skc. 2. That said corpuration f^hall have power to purcliase, Powers nn.l

1111 I I ... priviloKcs.

recfivo and liold any real or personal property not exceeding in
value thirty thousand dollars, and to sell, convey and dispose of the
same; and hy its corporate name may sue and be sueil in any Court
of" competent jurisdiction in this State, and make such rules and
by laws, not repugnant to the laws of" this .State, as they may deem
necessary and expecJient.

Sec. o. That this Act shall be deemed and taken to be a public
Act and continue in force until repealed.

Approved March 14, 1874.

AN ACT TO Incorporate the Chester Land Purchasing No. 565.
Association, of Chester, Chester County, South Caro-
lina,

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting iu
General Assembly, and by the authority of the same. That Dublin Corporators.
Walker, Prince Young, Burrell Hemphill, Jefl"erson Jourdan, James
White, Washington Lindsey, Major Simms, Randall Brown,
William Brown, James Reid, Thoraas Gibbs, together with other
persons who now are or hereafter may be associated with them, be,
and they are hereby, declared a body corporate, under the name
and style of the Chester Land Purchasing Association, of Chester, Corporate
Chtster County, South Carolina, and shall have succession of
officers, and shall have a common seal.

Sec. 2. That the said corporation shall have power to purchase, Mny lu-qHire

1111 1 1 . . . 1- • , a n d convey

receive and hold any real or personal estate not exceeding in value real estate.

the sum of twenty thousand dollars, and to sell, convey and dispose
of the same; and liy its corporate name to sue and l)e sued in any
Court of tiiis State, and to make such rules and by-laws, not repug-
nant to the laws of the land, as it may be considered necessary and
expedient.

Sec. 3. That this Act shall be deemed and taken to be a public
Act and shall continue in force until repealed.

Approved March 14, 1874.

654 STATUTES AT LARGE

A. D. 1ST4. AN ACT TO Provide a Fence Law for Anderson County.

No. 566. Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sittinp in
General Assembly, and by theauthority of the same, That the County
Commissioners of Anderson County be, and they are hereby, author-
ized and required, upon due and legal notice, to submit to the
Election to qualified voters of said Countv, at the next general election to be

decide u p o n ^ . . , ^ , ' . /•,./> >> n c " ti

tenceiaw. held lu Said Couuty, the question of " fence or "no fence, the

same to be voted upon by a ballot written or printed " yes" or " no."

If a majority Sec. 2. Should a majority of the qualified voters of said County

CouVr Com- casting their ballots on the said question vote "yes," then it shall

erecTfe^^e on be the duty of Said County Commissioners to forthwith proceed to

boundary line. ^^^^ erected and keep in repair on the boundary line between said

County of Anderson and the Counties of Abbeville, Oconee and

Pickens a good and substantial rail fence, of not less than twelve

rails in height, properly staked and ridered; and at each and every

place that a public road leading from either of said Counties above

named crosses the boundary line between either of the above named

Counties and Anderson County, to erect, or cause to be erected, a

good and sufficient gate.

Sec. 3. That for the purpose of the proper construction of the
May enter fence provided for in the foregoing Section of this Act, the said
fo'r'"thai pur- County Commissioners are hereby authorized and empowered to
^''°^' enter upon the lands of any owner thereof and to erect such fences

thereon without being guilty of any trespass whatever.
Owners of Sec. 4. That it shall be the duty of each and every person own-
fine 3ame*^*'by ing OF keeping any stock, such as cattle, horses, mules, sheep or
goof ence. jjQgs, or Other stock, to confine the same by such a good and suffi-
cient fence as shall prevent them from entering upon the lands of
another.
Drivers to Sec. 5. It shall be the duty of any person or persons driving
t>om''"enter'ing stock, such as cattle, horses, mules, sheep or hogs, through the
lands of others, ^^^^j.^ ^^^^^ ^^ ^^.^ Couuty to 80 herd and drive the same that they

shall not be allowed to enter upon or work injury to the lauds or

crops of the citizens of said County.
Employers to Sec. 6. It shall be the duty of each and every emplgyer in the
errwUh'^pus- Said Couuty to furnish each and every employee hired by him good
turage. pasturage for the stock owned by such employee, not exceeding two

head of cattle to every field hand as amount.
Notice to Sec. 7. It shall be the duty of the Couuty Commissioners of the
fnT g°a t e's^^o Said Couuty of Anderson to keep duly placarded on said gate that
close same. ^^^y^ ^^^^ ^^^^^^ pcrsou opening the said gate shall be required to

close and securely fasten the same, and every person so opening such

gate is herebv required to close and securely fasten the same.

OF SOUTH CAROLINA. G.>o

Sec. 8. That any person or persons failing to comply with the ^- '*• ''*'•'•
I)rovisions of this Act shall be deemed guilty of a misdemeanor, '

and ni)on conviction therefor shall be fified in a sum not less than vioUtii.n or
tifty dollars nor more than five hundred dollars, or imprisonment i""--
for a terra not less than thirty days nor more than one year, in the
discretion of the Court.

Sec. 9. That ail Acts or parts of Acts inconsistent witli or in
any way conflicting with the provisions of this Act be, and the
san)e are hereby, repealed.

Approved March 14, la74.

AN ACT TO Change the Time of Holding Circuit Courts No. 567.
IN the Several Counties Therein Named.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives-of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That the
Courts of General Sessions and Common Pleas for the several Coun-
ties hereinafter named shall be held at the times following, respect-
ively, instead of the time now fixed by law, that is to say: The
Court of General Sessions at Orangeburg, for the County of Or-, ,,.T''n*!, f"!

1 r 1 c Tit J 'i'>l'l>nK Court

angeburg, the third Monday of January, third Monday of May, and in Orangeburg,
the third Monday of October; and the Court of Common Pleas at
Orangeburg, for the County of Orangeburg, on the first Wednesday
after the third Monday in January,, the first Wednesday after the
third Monday in May, and the first Wednesday after the third
Monday in October.

Sec. 2. The Court of General Sessions at Lancaster, for the In Lnnonster.
County of Lancaster, on the first Monday of February and the
third Monday of May and October; and the Court of Common
Pleas at Lancaster, for the County of Lancaster, on the first
Wednesday after the first Monday of February, and on the first
Wednesday after the third Monday of May and October.

Approved March 14, 1^74.

AN ACT to Authorize and RiciiiiRE the County Commis- No. 568.

signers of ClIEdTER CoUNTY TO BuiLD A BrIDGE AcROSS

Rocky Creek.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That the

G56 STATUTES AT LARGE

A. D. 1S74. County Commissioners of Chester County be, antl they are hereby,
~., ^ authorized and required to build a bridge across Rockv Creek, at

Bridge across ^ o . '

Rocky Creek, or near Mrs. Gooch's place, on the Lancaster road.

Sec. 2. That the said bridge shall be free, and no toll or charges
whatever be collected for crossing said bridge.
Approved March 14, 1874.

No. 569. AN ACT to Fix the Time for Holding Courts in the

Seventh Circuit.

1. The Court of General Sessions at Newberry, for the County
of Nesvberry, on the second Monday of January, the fourth Mon-
day of March, and the first Monday of July ; and the Court of

V ,,-^''"?, ^°^ Common Pleas at Newberry, for the County of Newberry, on the

holding Court •' ' •' •'

in Newberry, first Wednesday after the second Monday of January, the first
Wednesday after the fourth Monday of March, and the first
Wednesday after the first Monday of July.

2. The Court of General Sessions at Laurensville, for the County
of Laurens, on the fourth Monday of January, third Monday of
May, and the fourth Monday of September; and the Court of

In Liiurens. Common Pleas at Laurensville, for the County of Laurens, on the
first Wednesday after the fourth Monday of January, the first
Wednesday afier the third Monday of May, and the first Wednes-
day after the fourth Monday of September.

3. The Court of General Sessions at Unionville, for the County
of Union, on the second Monday of February, first Monday of
June, and the second Monday of October; and the Court of Com-

In inion. mou Plcas at Unionville, for the County of Union, on the first
Wednesday after the second Monday of February, the first Wednes-
day after the first Monday of June, and the first Wednesday after
the second Monday of October.

4. The Court of General Sessions at Spartanburg, for the County
of Spartanburg, on the fourth Monday of February, the third
Monday of June, and the fourth Mouda)' of October; and the

In Spartan- Court of Common Pleas at Spartanburg, for the County of Spar-
^^^' tanburg, on the first Wednesday after the fourth Monday of Feb-

ruary, the first Wednesday after the third Monday of June, and
the first Wednesday after the fourth Monday of October.

OF SOUTH CAROLINA. 657

Skc. 2. Tliat all writs, .suiiiinons, recognizances ami other processes A. 1). 1871.
of wliatevor kind, returnable to the Courts of General Sessions and ... ^

All proc-c'KitfS

Common Picas in the Counties above named, be, and the same are rc-mrniihio to

Ciiurts h e I a

hereby, made returnable to the Courts hold in {)iir.-^uance of the '""'it tlii.^ Act.
provisions of this Act, in the same manner as if tiny hail been
issued or taken in reference thereto.

Skc. 3. That all Acts or parts of Acts inconsistent with this
Act or repugnant thereto be, and the same are hereby, repealed.

Skc. 4. This Act shall take efiect on and after the fifteenth day When to take
of June next.

Approved March 14, 1874.

AN ACT TO Raise Supplies for the Fiscal Year Com- Xo. 570.
MENCiNG November 1, 1874.

, , . , . ^, , , , • 1 1 1 • 1 fourth iiiilN lor

taxable property in this State l)e, and the same is hereby, levied to .sai.irk-s a u d
meet appropriations to pay the salaries of the executive and judi-
cial officers of the State, the clerks and contingent expenses of the
executive and judicial departments of the government, for the
fiscal year commencing November 1, 1874.

Sec. 2. That a tax of one and one-fourth (!}) mill upon every One nn.i one-
dollar of the value of all taxable property in this State be, and the r<.r puhiie in-
same is hereby, levied to meet appropriations for the support and
maintenance of the penal, charitable and educational institutions of
the State, exclusive of common schools, for the iiscal year com-
mencing November 1, 1874.

Skc..'}. That a tax of two (2) mills upon every dollar of the Two mil i? for
value of all taxable property in this State be, and the same 13 "'-^"'^ *•
hereby, levied to meet appropriations for the support and mainten-
ance of j)ublic schools for the fiscal year commencing November 1,
1874, and three-fourths (3) of one (1) mill, which shall be used for Thrcp-fourthsi

ii 1 1- 1 z? • • r 111- II- r /-I 1 ofamill forold

the payment 01 deneioncies for school claims and salaries of County .^.-hooi claim*,
School Commissioners due prior to 1st November, 187;.), to be *■" ^"'
divided among the various Counties according to the deficiencies of
the same.

Skc. 4. That a tax of one ( 1) mill upon every dollar of the value One mill, ox-
of all taxable property in this State be, and the same is hereby, A'sseinhiy.
levied to meet appropriations to defray the expenses of the General
Assembly for the regular session of 1874-75.

658 STATUTES AT LARGE

A. D 1ST4. gEc 5 That a tax of oue-third (J) of one mill upon every dol-
~' "T , lar of the value of all taxable property in this State be, and the

Une- third _ _ ...

..f a mill tor same is hereby, levied to meet appropriations for tlie expenses of

public printing for the fiscal year commencing November 1, 1874.

Two niiiu Skc. 6. That a tax of two (2) mills upon every dollar of the

for interest. i ,• n i i ■ \ • c- i i i

value 01 all taxable property in this State be, and the same is
hereby, levied to pay the interest upon the public debt (as adjusted
by Act of December 22, 1873,) due and payable upon the 1st of
January and July, 1875: Provided, That no part of the fund re-
Surplus of maining as a surplus in the State Treasury after the payment of the
to be ii^ed only interest annually accruing upon the bonds and stocks of this State,
c^oif^oHdiiUon as authorized to be issued by an Act entitled "An Act to reduce
stocks. ' ^ the volume of the public debt and provide for the payment of the
same," approved December 22, 1873, shall be used for the purchase
of any other class of bonds or certificates of stock than are by the
provisions of said Act kuthorized to be issued; the true intent and
meaning of which is to exclude from purchase all bonds or stocks
remaining in their present form or unexchanged for the consolida-
tion bonds or certificates of stock provided for in said Act.
One and four- Sec. 7. That a tax of ouc and four-fifths (1 4-5) of a mill upon
deficiency and every dollar of the value of all taxable property in this State be,
and the same is hereby, levied to pay the deficiency or unpaid ap-
propriations and claims of Central National Bank, P. F. Frazee
and F. Cardarelli, and others, made by the General Assembly for
the fiscal year which commenced November 1, 1873.
Three mills Sec. S. That a tax not to exceed three (3) mills upon
purposes. " every dollar of the value of all taxable property in each of
the several Counties of the State be, and the same is hereby, levied
for County purposes for the fiscal year commencing November 1,
1874, the rate to be fixed by the County Commissioners of
each County, and by them certified to the County Auditor thereof
County fumls And it is hereby made the duty of the County Treasurers to keep
rate*^ and iipan the fuuds raised by the levy made in this Section separate and
funds. " ' "''^ apart from all other fuuds; and they are hereby forbidden to pay
Tax not to be out any portion of the same, except for County expenses incurred
ponses of'p^re- during the fiscal year for which it is levied and collected ; and the
MOHs years. County Commissioners are hereby forbidden to draw any warrant
No contracts con trarv to the provisions herein provided for, or contract in

to be made in ' c ^ i i • i i /• n • i-, •

excess of levy, excess 01 the levy herein made, except the lollowiug Counties:

Special taxci. Sumter, where an additional tax of two (2) mills shall be levied,

mitls. ' one and one-half mills of which shall be used to pay the past

„, . . ,, indebtedness of said County, and one-half mill shall be used, if so

Chesterfield, ■' ' '

Pickens Marl- much be ucccssarv, for buildincr a iail for said County; Chesterfield,

boro. Marion, - ' .

two mills. Pickens, Marlboro and Marion, an additional tax of two (2) mills,

OF SOUTH CAROLINA. 659

to be used exclusively for the payment of psist indebtedness of said -^- ^- l*^*-
Counties; Abbeville and Oconee, an additional tax of three (3) T,'^

. Ahhevillc

mills, if so much be necessary, to be used exclusively for the pay- ""'i Oconee.

f • J 1 1 r> • 1 /-i • /-111 .11 1 l'"*^f I'lills.

nient of past indebtedness ot said Counties; Colleton, one mill, and c'onfti.n, one
Darlington, an additional tax of two (2) mills, to be used exclu- Kjiriinjfton,

1 /• 1 p -111 r> • 1 / 1 • -»T t**" '^lill^.

sively lor the payment or past indebtedness oi said Counties; >iew-

berry, an additional tax of one-half (l) mill, which shall l)e used

exclusively for the payment of past indebtedness of said County;

Barnwell, an additional tax of one and one-half (H) mills, which if-rnweii.

shall be applied to the payment of the past indebtedness of said half mills.

County pro rata; Orangeburg: Provided, That one of the three

mills above levied shall be used exclusively for the payment of

past indebtedness of said County, and, in addition to the regular

three mills provided for general purposes and the past indebtedness

of Orangeburg County, one and one-half (1]) mills shall be levied Ornnpeburp.

in said County to build a court house, and the same shall be used imif mills. "

exclusively for that purpose; Spartanburg, an additional tax of SpnrtnnburF.

one (1) mill, to be used exclusively for payment of past indebted- '^"'^ ""

ness of said County; Fairfield, an additional tax i)f one and one- FnirfieM,

half (1') mills, to be used exclusively for the payment of past half mills.

indebtedness of said County.

Sec. D. That the proceeds from the taxes levied in the first seven state Treaan-
Sections of this Act shall be kept by the State Treasurer separate fmitis "up-'r't
and apart from each other and from other public funds, and shall other."' *""' '
be applied to the purposes for which they are respectively levied,
and none other.

Sec. 10. The County Auditors and County Treasurers of the Tilxcs to bo
several Counties of this State are hereby required, under the super- Jiersu'!orvi"ioii
vision of the Comptroller General, to make the collection of the Ueiu'raV.'^""^'^
taxes levied under and pursuant to the provisions of this Act in the
manner provided by law ; and they are hereby forbidden to collect To collect
any other tax whatever for the aforesaid fiscal year, unless herein- asnre expres,--
after expressly authorized so to do: Provided, however. That nothing '^ "I'r.Iviso!' "
herein contained shall prevent the collection of special taxes for
County purposes, district school tax, poll tax, railroad tax, and
taxes levied for the relief of widows and orphans of persons killed
because of their political opinions. Any State or County officer Penalty for
who shall fail to comply with or shall evade or attempt to evade this Act.
the provisions of this Act shall be ileemed guilty of a felony, and
upon conviction thereof shall be punished by a fine not less than
one thousand dollars, nor exceeding fifty thousand dollars, and be
imprisoned in the Penitentiary for a period of not less than one
year nor more than five years.
Sec. 11. That all taxes assessed and payable under this Act shall

660 STATUTES AT LARGE

A. D. 1H74. be paid in the folloNving kinds of funds: G')ld and ^:ilver coin,
^^'^ '. United States currency, national bank notes, and bills receivable of

la.xes, in •'

what payable, the State, coupons maturing of bonds issued under Act to reduce
the volume of the public debt and provide for the payment of the
same, and certificates of indebtedness as are authorized by the Acta
of the General Assembly.
Approved March 14, 1874.

No. 571. AN ACT to Incorporate the Clarendon Land Joint Stock
AND Loan Association, of Clarendon, South Carolina.

Section 1, Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That G. W.
Corporators. Gayman, J. J. Richardson, Pear Boston, Wade Hampton, Ishara
Burroughs, Hampton Bor^ton, J. D. Warley, P. A. Logan and Ru-
fus Gayman, together with such other persons as now are or here-
after may be associated with them, be, and they are hereby, de-
Objects of clared a body politic and corporate, for the purpose of buying and

•corporation. , , ,. ," • i /-\ n /-n i

holding real estate in the County or Clarendon, or at any point
within the County, or State of South Carolina, and making loans
of money, secured by mortgage of real estate, and by the hypothe-
cation of bonds and stocks and other choses in action and personal
property, to its members and stockholders, by the name and style
Corporate of the Clarendon Land Joint Stock and Loan Association, of Clar-
Capitai stock, eudon County, S. C. The capital stock of said association to con-
sist of twenty-five hundred shares ; but as soon as one thousand
shares shall have been subscribed thereto, the said association shall
organize and commence operations ; said shares to be paid by suc-
cessive monthly installments of one dollar on each share, so long as
the association shall continue; the said shares to be held, trans-
ferred, assigned and pledged, and the holders thereof to be subject
to such fines, penalties and forfeitures for default in their payments,
as the regulations and by-laws of said association may prescribe.
General Sec. 2. That the said association shall have number and succes-
sion of officers and members as shall be ordained and chosen accord-
ing to the rules and by-laws made or to be made by them for their
government; and shall have power and authority, from time to
time, and at all times, to make such rules and by-laws as are not
repugnant to the Constitution and laws of the land ; to have and
keep a common seal, and to alter the same at will; to sue and be
sued, implead and be impleaded, in any Court of law or equity in
this State; and shall have and enjoy every right and privilege iuci-

OF SOUTH CAROLINA. 661

dent and belonging to corporale liodics, according to the laws of ■^- ^- i*^<-

the land. — .

yi:c. .). Tliat the I'unds of said association shall he invested either Invcfldnc-iu
in the purchase of real estate in the County of Clarendon, South ' '""''"'
Carolina, or in any County or subdivision of the State of South
Carolina, which shall be rented out, leased or sold, and conveyed to
the members and stockholders of said association, upon such terras
and conditions as from time to time may be prescribed bv its rules
and by-laws, or be loaned out or advanced to the members and
stockholders thereof, upon the security and by hypothecation of real
estate in the -County of Clarendon, or any other subdivision of the
Slate aforesaid, or bonds, stocks or choses in action or personal
property, on such terms and conditions as from time to time may
be prescribed by the rules and by-laws aforesaid. And it shall and
may be lawful for the said association to hold and enjoy, for the
mutual benefit of its members and stockholders, all such lauds,
teueraents and hereditaments as may be bona fide purchased by and
conveyed to it; or as may be mortgaged to it by way of security
upon its loans and advances; or as may be purchased by or trans-
ferred and conveyed to it at sales under judgments or decrees at
law or equity, for securing or recovering, or in compromise settle-
ment of any debtor debts due to it; and tO sell, alien, barter, ex-
change, convey, mortgage or otherwise dispose of the same, from
time to time, and whenever deemed expedient.

Sue. 4. That if any of the funds of the said association shall re- M..y lend out
main unproductive or uninvested, or unneeded, or uncalled for, for nimt!:'"^"''''"''"
the space of two months, by its own members and stockholders, it
shall be lawful for the said association to lend out what moneys
may be on hand to others than stockholders, at such rates of inter-
est (on such security, whether mortgage on real estate, choses in
action or other personal property,) as may be agreed on, to be safely
invested, to be repaid within one year.

Sec. 5. That whenevrr the funds and assets of the said associa- . Kivir^ion au.l
tion shall have accumulate.! to such an amount that, upon a fair Sol*'"""" "'
division thereof, sucli stockholder, for each and every share of stock
held by him or Iut, shall iiave received, or be entitled to receive,
the sum of two hundred dollars, or the value thereof in property or
assets, and such *livision and distribution shall have been made,
then the said association shall cease and determine: Provided,
however, That in case the saiil association shall nut have closed its
operations and afiairs, as above provided for. within a shorter period,
then this Act shall continue in force until repealed.

Approved March 14, 1874.
44

662 STATUTES AT LARGE

No. 572.

A. D. 1S74. AN ACT TO Amend an Act Entitled "An Act to Grant,
Renew and Amend the Charters of Certain Towns and
Villages Therein Mentioned."

Whereas the Commissioners of Election of Charleston County
have neglected to call an election for Intendant and Wardens of
the village of St. Stephen's, as required by law; therefore,

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same, That Section 3 of an Act

entitled "An Act to grant, renew and amend the charters of

certain towns and villages therein mentioned," approved March 9,

1871, be, and the same is hereby, amended by striking out, on the

"Clerk of seventh line, the words "Commissioners of Election," and insert

ed in lieu of instead thereof the words "Clerk of the Circuit Court;" and insert

ers of Eiec on the eighth line, after the word "Act," the following words: "On

the first Monday of May, A. D. 1874," so that the same will read

Time ofeiee- as follows: "Shall call the first election under this Act on the first

Monday of May, A. D. 1874."

Approved March 14, 1874.

No. 573. AN ACT to Establish a Public Ferry in Williamsburg

County. ^

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same, That the ferry known as Mur-

Murray's ray's Ferry, across the Santee River, in Williamsburg County, shall

tered. be, and the same is hereby, established a public ferry and vested

In whom in Aarou Martin, his heirs, executors and assigns, until repealed,

vested. . . . . .

with the privilege of collecting the following rates of toll, to wit:
Rate? of For each wagon drawn by four horses, mules or oxen, seventy-five
cents; for each wagon drawn by three horses, mules or oxen, sixty-
five cents; for each wagon drawn by two horses, mules or oxen,
fifty cent.s; for each wagon, carriage or buggy drawn by one horse,
mule or ox, twenty-five cents; for each man on horseback, ten
cents; for each foot passenger, five cents: Provided, That children
going to and returning from school, and voters going to and return-
ing from the polls on election day, and clergymen, shall be passed
free.

Approved March 14, 1874.

OF SOUTH CAROLINA. 663

AN ACT TO Ixcouporate' the Greenville and Asueville -'^- ^- '^"^•

Turnpike Company. t^IJ: CTT

No. o74.

Section 1. Be it enacted by the Senate aiul House of Represent-
atives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, That the several
persons who shall or may associate together, as hereinafter pre- Corporatoif.
scribed, for the purpose of establishing a macadamized turnpike
road from the city of Greenville, in this State, to the North Caro-
lina line, and their successors, shall be, and are hereby, incorpo-
rated as a body politic, in deed and in law, by the name of the Corporal*-

. . name.

Greenville and Asheville Turnpike Company,

Sec. 2. That the said corporation, by their name aforesaid, shall General

, . . powers.

have perjjetual succession of officers and members, to be appointed
according to the by-laws and regulations which they may establish
for the government of the said corporation ; and they may have a
common seal, with power to break, alter and make new the same as
often as they shall judge expedient.

Sec. 3. That the said corporation shall be able and capable in
law to purchase, have, hold, take receive, possess, retain and enjoy
to itself, in perpetuity, or for any term of years, any estate, real or
personal, of what kind or nature soever, and to sell, alien and dis-
pose of the same as they may think proper; and, by the name
aforesaid, to sue and be sued, implead and be impleaded, answer
and be answered unto, in any Court of law or equity; and to make
such rules and by-laws, not repugnant or contrary to the laws of
the land, as, for the good order and proper government of the said
corporation, may, by the same, be thought expedient or necessary.

Sec. 4. That Frank Coxe, M. J. Bearden.S. S. Crittenden, J. P.
Moore, J. H. Goodwin, W. H. Perry, Andrew Miller, F. B. McBee Commissioner-
and William T. Shumate, or a majority of them, be, and they are
hereby, appointed Commissioners to receive subscriptions for the
establishment of the company aforesaid, for which purpose they
shall meet on the first Tuesday in June, 1874, at Greenville C. 11.,
and there receive the subscriptions of all such persons as shall be
desirous of subscribing and associating for the purpose of becoming
members of the corporation.

Sec. 5. That the capital of the said com})any shall be divided Capiui stock,
into five hundred shares, with the privilege of increasing to one
thousand five hundred shares, of one hundred dollars each.

Sec. 6. That the said company shall be, and they are hereby, Lineofroaa.
authorized and empowered to macadamize the public road leailing

664 STATUTES AT LARGE

A. D. 1874. from thg (.jty of Greenville, in this State, to the town of Asheville,
in the State of North Carolina, as far as the North Carolina line ;
which said macadaraized road, or so much thereof as they may
macadamize, shall be vested in said company, their successors and
assigns, in perpetuity.

Sec. 7. That said company shall not be permitted, at any time,

to charge more for traveling over said macadamized road than after

Hate? of toll, the following rates, to wit: For every carriage or wagon with four

wheels, with horses and driver, at the rate of thirty cents per mile ;

for every two-wheeled carriage or wagon, with horses and driver, at

the rate of fifteen cents per mile; for every led horse or mule, loose

horse or mule, or head of cattle, sheep or swine, at the rate of sis

and a quarter cents per mile.

May erect toll Sec. 8. That Said company shall be authorized and empowered

feet toll. to establish toll gates, and collect toll, whenever they shall have

macadamized four miles of said road.

May dispense Sec. 9. That if any part of the ground on the route of said road

with covering j i o ^

in certain eases shall be SO hard and compact as to make a good road without any

covering of wood, gravel, stone or any other hard substance, the

said company are hereby authorized to construct such part of said

M«y chanpe poad without any such covering; and are also authorized to change

route. J b ' n

the route of said road at such points, and for such distances, as they
may think necessary.
Liability of Sec. 10. That the said stock and shares mav be sold, transferred

stockholder!-. i • i i i • " • i i

and assigned and bequeathed by the proprietors, respectively, and

the subscribers to said stock shall not be liable for the debts of

said company beyond the amount of the stock so subscribed by

each of them.

Mayuseany Sec, 11. That the said Company shall have power to make use

ninitj-. of any materials in vicinity of said road, for making and keeping

Compensation the same in repair, paying a reasonable price for the same; and

when they and the owners of such materials cannot agree for the

same, to take such materials on valuation so to be made by a

majority of three persons, one to be appointed by the company, one

by the owner of the materials, and they to select a third person;

and the company shall, on the payment of the sum so valued, be

vested with the ownership of said materials forever.

Sec. 12. That the said road so macadamized shall be of such
width as the said company may deem best.

Approved March 14, 1874.

OF SOUTH CAROLINA. 665

AN ACT TO Establish a Ferry Across the Broad River, '^- '* '"'"'•
Just BicLOw WHERE the Greenville and CoLLMni.v Rail- ^. ' TTT
ROAD Crosses bAlD KlVER.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That a ferry
over Broad River, just below where the Greenville and Columbia ^ Fc-rry across
Railroad crosses said river, the lands on the East side of said river vostt-.i in D. R.
belonging to Elkins and on the West on Murdock's land, be char-
tered and be vested in David R. Elkins, his heirs and assigns, who
shall be allowed the following rates of toll, to wit: For a person on Ua tcs of
horseback, ten cents; for a one-horse team, fifteen cents; two-horse
team, twenty-five cents; three-horse team, thirty-fi-ve cents; and four-
horse teams, fifty cents; ox teams, same as horse teams; foot pas-
sengers, five cents; loose horses and mules, five cents each; cattle,
three cents; and hogs, sheep and goats, two cents each.

Sec. 2. That this charter shall remain in force for the term of Expiration
fourteen years: Provided, That children going to and returning Persons ex-

/. 111! 1 11 1 • empt from toll.

from school, school teachers and clergymen, and voters going to
and returning from their polling precincts on election days, shall be
exempt from paying toll at the said ferry: And provided, further.
That no person or persons shall be permitted to establish a public
ferry within three miles of the same.

Approved March 14, 1874.

AN ACT to Establish a Ferry Across the Santee River, No. r)76.
IN Williamsburg County, and to Vest the Same in Aaron
Martin, his Heirs and As.signs.

." . , . . , Siinti'c Rivor

in Williamsburg County, at Staggers' plantation ; and that the said v i-s t cd in

,? . ,, . ,. , . , . ^ , Anr-.n Martin.

ferry be vested in Aaron Martin, his heirs and assigns, for the term

of ten years, and that the following rates of toll be charged and

collected, and no more: For every four-horse carriage or vehicle, Rntcs oi

one dollar; for every two-horse carriage or vehicle, seventy-five

cents; for every one-horse carriage or vehicle, twenty-five cents;

for everj' single horse and rider, trn cents; for every foot passenger,

five cents; for every head of cattle, goats and hogs, five cents:

()66 STATUTES AT LARGE

A. D. 1ST4.
Proviso.

Provided, That children going to and coming from school, and
voters going to and returning from elections, militia going to and
returning Trora muster, and clergymen, be passed free from toll.

Approved March 14, 1874.

No. 577, AN ACT to Incorporate the Colleton Manufacturing

Company.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That George
Corporators. C. White, Andrew J. Brown, Theodore J. Martin, Lyman A. Good,
B, G. Miles, Benjamin T, Oliver and others, and their associates
and successors, are hereby made and created a body politic and
Corporate corporate, under the name and style of "The Colleton Manufac-
Oijjeets ofturing Company," for the purpose of manufacturing cotton yarn

uorporation. iii i i ii^^i- -i

and cloths, woolen goods, paper, and such other labrics or articles
as the demands of the community may require, and for procuring
and making such machinery to carry on manufacturing in all its
branches, and also for carrying on all such business as may be
connected with the above purposes, with a capital of five hundred
thousand, with the privilege to increase to any extent not exceeding
one million dollars, the consent of a majority of the -Stockholders
being first had and obtained.
May ncfiuirc Sec. 2. That Said corjjoration may purchase and hold such real

and convey,, , •i/>,i- i L^

rcalestntc. estate as may be required lor their purposes, or such as they may

deem it for their interest to take in settlement of any debts due

them, and may dispose of the same; and may erect such mills,

machine shops and other buildings thereon as may be deemed

General necessaiT, and may sue and be sued, have and use a common seal,

Ijowcrs. J ^ J p ' i

and make such by-laws for the government of said corporation, not
inconsistent with the laws of the State, as may be deemed necessary,
and shall have, generally, all the rights, powers and privileges in
law incident or appertaining to similar corporations.

Sec. 3. That this Act shall be a public Act and continue in force
for the term of thirty years.

Approved March 14, 1874.

OF SOUTH CAROLINA. C6<

No. 578.

AN ACT TO Authorize the County Commissioners of Lex- ■'^- ^- is"^-
iNQTON County to Change the Coui^se of Market Road,
Known as the "River Road," in Said County.

Be it enacted b}' the Senate aud House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the County Commissioners
of Lexington County be, and they are hereby, authorized, empow-
ered and required to change the course of Market Road, known as Course of
the River Road, in said County, as follows: To leave the old route changed.
near D. J. Epsting's, to proceed from thence by Mrs. R. Shealing's,
tlience by W. Ballentine's, thence by Captain F. W. Frick's mills,
aud from thence to intersect with the original route somewhere near
Hon. J. H. Counts'.

Approved March 14, 1874.

AN ACT to Make it the Duty of the County^ Commissioners No. 579.
of Charleston County^ to Take Care of and Keep in
Proper Repair James Island and Haulover Cuts, the
Same as Other Thoroughfares.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, aud by the authority of the same, That it is
hereby made the dutv of the County Commissioners of Charleston County Com-

/■^ . ■ ' • ,1 1 T Til missioiiei-s to

i_/0unty to put m proper repair the cut known as James island repair cuts.
Cut, at Jaine5 Island, and Haulover Cut, between Seabrook's and
John's Island, aud take charge of the same as of any other public
thoroughfare.
Sec. 2. Aud the County Commissioners of the said County are May receive

hi , , . 1 , , . . £• .1 estimntes f o r

ereoy authorized and empowered to receive estimates tor the ck-iinini? out

cleaning out of said cuts to their proper depths and award the con-
tracts as provided by law: Provided, That the work shall be done
and finished in such a manner and at no less a depth as to
permit ordinary row-boats to pass through the same at half high
water.

Src. 3. And it shall be the duty of said Comrnis^sioners to restore T.. keep banks
and kee]) in repair the banks of James Island Cut in a manner as '" '^'^''"""*
to be passable to foot travelers and also to protect from overflow
the laud adjoining.

r,i)S . STATUTES AT LARGE

A. D. 1S74. Sec, 4. That said County Commissioners are hereby empowered
"~; '' ' and directed to set aside and use a sum of money out of the County

To set usi.lc , . . , .

taxes for that taxes, from year to year, sufficient to carry out the provisions herein

purpose. -f. 1

specihed.

Sec. 5. All Acts and parts of Acts in coiitlict with this Act are
hereby repealed.

Approved March 14, 1874.

No. 580. AN ACT to Authorize and Empower the Cocnty Commis-
sioners OF Greenville County to Open and Establish a
Public Road Leading from Ignatius Few's to Tyger
River Church.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
County Com- and by the authority of the same. That the County Commissioners
repair certain of Greenville County be, and they are hereby, authorized and em-
powered to open and establish and keep in repair a public road
leading from Ignatius Few's, on the Gap Creek Road, by way of
Jenkins' Mill, to Tyger River Church, on Tugalo Road.
Approved March 14, 1874.

No. 581. AN ACT to Authorize and Empower Certain Counties to
Issue Bonds in Subscription for Preferred Stock of the
Cheraw and Chester Railroad Company.

Section 1. JBe it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting iu
General Assembly, and by the authority of the same, That the
Certiiin Coun- several Counties of this State through which the Cheraw and Ches-

ties authorized t-> -i i /-i i • i -i i

to issue bonds tcr Kailroad Company are authorized to construct a railroad, or any
for preferred branch thereof, be, and are hereby, authorized and empowered to
raw and Ches- issue bonds in subscription for preferred stock of the said company,
subject to the conditions and provisions hereinafter mentioned.

County Com- Sec. 2. The Board of ('ouuty Commissioners of each of the said

order°"ciection Couutics shall, within sixty days after receiving a written request

whether ° sub- to that effect from the proper officers of the said company, endorsed

be"mad° ^^'"^^^ ^r approved by at least one hundred legal voters of the County,

order and provide fur the holding of an election, by the legal

Subscriptions votcrs of the County, to decide whether such subscription shall be
five per cent, made, the amount of such subscription not to exceed five per cent.
vaiue'^of prop- ^n the asscssed value of the real and personal property in the
er > in oun >. Q^^Qfy^ j^^j jq jjg made in bonds of the County, bearing interest at

OF SOUTH CAROLINA. 669

the nitc of six per cent, per annum, and pay.ilile in thirty years ^- ^^- '''"*•
afterdate. The voting ,sluill he hy h;ilh)t, which shall be either ^i^nncT of
written or printed, or partly written or partly printed, and shall votini:.
contain either the words "Sub-scription for preferred stock of the
Cheraw and (.'Hester Railroad Company — Yes," or the words "Sub-
scription lor preferred stock of the Cheraw and Chester Railrcnid
Company — No." The election shall be conducted and the Man-
agers shall make the returns in the same manner as is now provided
l>y law for general elections. The Commissioners of the election
shall, within ten days after the time of holding the same, forward
to the Board of County Comm'ssiouers a return setting forth the
entire number of votes cast thereat, and also the number of votes
cast respectively for and against making such subscription.

Sec. 3. If a majority of the entire number of votes cast at the
election shall be in favor of making such subscription, the Board of
County Commissioners shall immediately cause such bonds to be County Cm-
printed or engraved, and sign the same, and also have the same !"n.se'bfMi'ds to
countersigned by their Clerk, and sealed ^\•^th their seal. The said "^ •'""''^' •
bonds shall then be numbered and registered in the office of the
Clerk of the County.

Sec. 4. When the said company shall actually commence the
construction of a railroad within the County, and shall deposit with
the County Treasurer of the County a bond of the said company,
executed in such form as shall be approved by the Judge of the
Circuit, in a sura sufficient to secure the payment of the interest on
the said bonds until the said railroad shall be completed in the
County, the Board of County Commissioners shall deliver the said County Coin-
bonds to the said company and publish the fact of such delivery in lU-irver ijonds
the official paper of the County. On the completion of the said ;,','ui publish the
railroad in the County the Ijoard of County Commissioners shall
receive from said company an amount of preferred stock of the
said company equal to the amount of the said bonds, which pre-
ferred stock shall bear interest at the rate of seven per cent, per
annum.

Six;. ">. The Board of County Commissioners shall invest the ad- County Com-

d... 1 , • 1 !• .^1 • 1 I' I i 1 • niir^sionors to

itional one per cent, receiveti from the said preierreil stock in i„v.st mum-ys

securities, whereby the same shall draw interest semi-annually, and '■'''^'^*' •

shall also invest the interest received for the same until an amount

shall have accumulated therefrom sufficient to pay the said bonils,

when the said bonds shall be paid and canceled.

Sec. (!. All moneys receiveil as interest on the said preferred .Mom y..! to he

,,,, _^ , ., , pnid out on the

Stock shall be held bv the County Ireasurer and paid out on the onior of t he

1 £• I i> 1 ,' r^ /-, • • County Com-

orner ot the lioarti or County Commissioners. mU^ioners.

Approved March 11, 1874.

670 STATUTES AT LARGE

A. D. 1874. ^jy[- ^Q'p ^Q Incorporate the Germania Savings Bank, of
■j^ 'r«2 Charleston, South Carolina.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and silting in
General Assembly, and by the authority of the same, That Jacob
Corponitors. Small, John Wulbern, W. Knoblock, H. Kiatte, A. F. Stelling, H.
H. Knee, 0- F. Wieters, John J. Small, G. C. Smitzer, W. R. Jer-
vey, J. F. Green, together with such other persons as now are or
may hereafter be associated with them, shall be, and they are
hereby, constituted and made a body corporate and politic, under
Corporate and by the name of the Germania Savings Bank, of Charleston,

name. c • • .

South Carolina, with a capital stock of thirty thousand dollars,
which may be increased from time to time, at the will of the stock-
holders, to any amount not exceeding five hundred thousand dollars:
Provided, That this Act shall not have the force of law until thirty
thousand dollars of the capital stock shall have been paid in.
Capitaistock. Sec. 2. The capital stq^ik of the said corporation shall be divided
into shares of the amount of two hundred and fifty dollars each.

Sec. 3. The said corporation shall have pow^r to receive money
on deposit, to allow interest thereon, and to invest such deposits,
their capital stock and other funds in bank or other stocks, in bonds,

May receive i ■n i •

and invest de- notes, bills, choses in action and other securities, and in the bonds
or stocks of this or any other State or of the United States ; to buy
and sell gold and silver, and any and all kinds of bonds, notes,
bills, securities, choses in action and other property ; to lend money
on real estate, secured by mortgage or otherwise, on the pledge of
gold or silver, bonds, notes, bills, stocks, choses in action and secu-
(} e n e ra 1 j-jtieg of all or any kind. And the said corporation shall have

powers. -' r

power and authority to use and keep a common seal, and the same
to alter at will; to sue and be sued, to plead and be implieaded, in
any Court of law or equity in this State; and to have and enjoy all
and every right, privilege, power and franchise incident to incor-
porated bodies; and shall be capable of taking, holding and disposing
of their capital stock and all other property, of every kind, accord-
ing to such rules and regulations as they may from time to time
establish, and also of taking, holding, dividing, disposing of or in-
vesting the increase, profits or emoluments of their said capital stock
or other property as aforesaid ; and shall have the right and power
May aoquire to acquire, purchase, take and hold, in their corporate name, lands

and invest,' ' .

money in real and real estate and personal property, and the same to demise,
grant, sell, exchange and convey in fee simple or otherwise.

Sec. 4. The corporation shall have such oflScers as shall be

OF SOUTH CAROLINA. 671

fixed l)y tile by-liiws, and such other ai,'ents and employees as raay -'^- ^^- '*^'-

from time to time be deemed necessary by the corporation ; the said ^ _ _ _ _

officers, Bfrent.s and employees to be selected and chosen at such p"iiitmcnt.

time, in such manner and for such terms of" office, and to be entitled Juti*---*-

t(i receive such compensation as shall be fixed and established by

the rules and by-laws of the corporation; and any of said officers,

agents and employees may be required to give such security for

the faithful performance of their respective duties as shall be

fixed by the said rules and by-laws. The stockholders shall

have power and authority to make such rules and by-laws not

repugnant to the laws of the land, and to modify and amend the

same in such manner as they see fit. The business and property

of the said corporation shall be managed and disposed of, and Business, how

dividends of the profits of the business of the corporation shall be ' '

made and declared, in such manner as may be prescribed and

regulated by said rules and by-laws. A representation of a

majority of the shares of tlie entire stock shall be requisite to con- Quorum.

stitute a quorum at any and all meetings of the stockholders, and

at such meetings each share shall entitle its holder to one vote.

Absent stockholders may be represented and vote by agents or

proxies, provided the persons hcjlding such proxies or acting as such Proxies.

agents be stockholders in the corporation.

Si:c. 5. No person shall be a Director in the said corporation Qualification

' , of l>irectors.

unless he be a bona fide stockholder of the same.

Sec. 6. Until the first election of officers by the stockholders shall
have been held it shall uot be lawful for any one person to subscribe
more than four shares of the stock of the corporation hereby , Xumber of

' •' snares ot each

created; and the coriioration shall be authorized to limit the num- stockholder

' _ * limited.

ber of shares which shall be held by any one person, and to alter
and abolish such limits whenever they deem it proper to do so.

Skc. 7. The said corporation shall have power and authority,
from time to time, to increase their capital stock over and above M.ay incrense

' capital stock.

the amount paid in as set forth iu the first Section, whenever a
majority of the stockholders, each share being entitled to one vote,
shall, at a regular meeting, or the Board of Directors by their
authority, shall deterniine; and such ailditional stock shall be
divided exactly among the stockholder^ in proportion to their .\dditi..nal

1 -1 n , ■ , ,• <. . •'•'•"■e-'. how t..

snares in the amount of the capital stock at the time of said be disposed ot".

increase; but if any stockholder should not desire to take his

or her proportion of such increased stock the same shall be allotted

among the remaining stockholders, or books may be opened for

the purpose of obtaining additional subscribers to such increased

stock in such manner as the corporation may deem expedient; and

in no case shall the members who are unwilling to take their pro-

672 STATUTES AT LARGE

A. D. 1874. portion in such increase of stock be assessed to contribute to or to
' make up such increase. Such iidditioual stock shall be subject to

all the same provisions, restrictions and conditions as are directed
by this Act, and any such additional subscribers shall thereby
become members of" tliis corporation and be subject in like manner,
in proportion to their interest, to all the liabilities, responsibilities
and conditions imposed upon the members of the same.

Sec. 8. The said corporation shall have full power to enforce
May enforce upon their members the due observance of all rules and by-laws

rules. '^ •'

for the good government and management of the affairs of the
said corporation; and to this end, if need be, shall and may
May institute institute uud maintain in their corporate name, against any one or
more of their members, all necessary suits, actions and pleas, either
at law or in equity, for the recovery of any sum or sums of money
to the use of the said corporation in as ample a manner as such
suits might be maintained against persons not members of said cor-
poration.
Liability of Sec. 9. The Stockholders of said corporation shall be liable to the

stockholders. r. , • . i i ^ i • i r

amount or their respective share or snares or stock in the same tor
all its debts and liabilities upon note, bill or otherwise; and no
Director or other officer of said corporation shall borrow any
money from said corporation ; and if any Director or other officer
shall be convicted, on indictment, of directly or indirectly violatin|
this Section he shall be punished by fine or imprisonment at the
discretion of the Court.
Deposits by Sec. 10. When any deposit is made by a person being a marriec

married wo- . , . , . , ,

men and mi- woman or minor, the said corporation may pay to such person suci
sum or sums so deposited on the check, order or receipt of sucl
depositor, which said check, order or receipt shall be a lawful dia
charge therefor.

Sec. 11. This Act shall be deemed and taken to be a public Act]
and shall be judicially taken notice of without special pleading, an(
the charter hereby granted shall continue in force for thirty years

Approved March 14, 187-4.

No. 583. AN ACT to Incorporate the Press Union Laborers*

Association, of Charleston.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting ia
General Assembly, and by the authority of the same. That A. Bur-
Corporators, tin, A. Chisolm, J. McKensie, H. Foster, J. Glover, D. Williams,
F. Palmer, E. Mott, W. P. Logan, S. Furguson, O. Scott, L. Phil-

OF SOUTH CAROLINA. 673

lips, G. Siramons, C. Pjilmer, A. Mickens, H. Johnson, J. Millikin, ^- ^'- i**^*-
C. Ilowiird, W. Parker, Wm. Gibson, E. Brown, J. McCunts, N. ^ -^^
Etlwanls, A. Mention, J. Brown, R. Perrin, R. .Srnalh, R. Smith,
R. Smith, seeoiul, S. Grant, T. Monroe, Samuel Grant, A. McNeil,
A. Pint'kney, W. Davis, J. Cain, H. Drayton, J. Hiines, N. Green,
S. Thompson, F. Rosier, D. Miller, W. Stewart, F. J. Ross, B. Fur-
gnson, M. Read, M. Grant, F. Singleton, J. Nesbit, F. H. Peace,
J. Wilson, E. Montgomery, J. Davis, J. Smith, F. Harrison, F.
Bell, J. Mechanic, F. Shere, J. Miles, and all other persons who
may associate with them, shall be a body politic and corporate, by
the name of the Press Union Laborers' Association of Ciiarleston, Corporate
and by that name shall have succession of officers and members ;
may sue and be sued, plead and be impleaded, in any Court what-
soever; and may have and exercise all such corporate powers and
franchises as are hereinafter provided, or which are customarily
incident to bodies corporate in this State.

Siic. 2. The object and business of the said association shall be, Objpi-ts of

1 I , . ^ , , ,1 , corpora lion.

through tlie co-operation or the members to that end, to protect the
laborer, and to promote his interests, so that he may obtain fair and
remunerative compensation for his toil and services.

Sec. 3. The corporate powers and franchises of the said associa-
tion shall be vested in a Board of President and Vice President officer?,
and a Standing Committee. The persons named in the first Section
of this Act, together with all such other persons as they may select,
shall constitute the first Standing Committee. Upon their first
organization, the Standing Committee, and afterwards the full
Board, at the meeting next after their annual election in each year,
shall elect from th<^ir own number a President and a Vice President,
who shall respectively hold office for the term of one year and
until their successors shall be elected. The Board shall have power
to elect or to appoint a Secretary, and such other officers as they
shall deem necessary for conducting the affairs of the association,
who shall hold office during the jileasurc f)f the Board. The Board
may appoint a President and Vice President i>ro tempore, as occa-
sion may require.

Sf':c. 4. The lioard shall have power and authority to ileclare by Duticf« .•('
by-laws what number of members, not less than twelve, shall con-
stitute a quorum for the transaction of business. The Board may
also make all by-laws, rules and regulations, not repugnant to the
laws of the land, for the government of its members and associates,
and for tiie management of its affairs, and the same may alter,
amend or repeal at pleasure. They may adopt and keep a common
seal for the use of the Board, and the same may alter at will.

674 STATUTES AT LARGE

A. D. 1874. gj;c_ 5 Xhe President may call special meetings of the Board
^ T^^ \ whenever thereto requested, in writing, by anv ten members of the

Special meet- * ' »' ^ .

ings. Board.

Sec. G. The Standing Committee, within sixty days after their
organization, shall, by lot, divide themselves into three classes of
Board— term one-third of the whole number each. The term of the first class
shall expire on the first Wednesday of April in the year 1875;
that of the second class shall expire in one year after that time ;
and that of the, third class shall expire at the end of two years from
said date; so that in each consecutive year an election shall beheld
to fill the vacancies made as aforesaid. Any person whose terra
has expired shall be eligible for re-election. All elections provided
Proviso. for shall be by ballot, and a majority shall elect: Provided, At any
annual meeting the Board may reduce the number of the Standing
Committee to a number not less than twenty members, and the same
power and franchises shall vest and reside in such Board, so dimin-
ished, as were before vested therein with any greater number of
members.

Sec. 7. This Act shall be deemed a public Act and shall remain
in force for the term of fifteen years.

Approved March 14, 1874.

No. 584. AN ACT Requiring All Public Officers to Pay OverJ
Moneys Officially in Their Hands to Their Successors.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting ial
General Assembly, and by the authority of the same. That it shall bej
Public officers the duty of every Sheriff, Judge of Probate, Clerk of the Court of
money in their Common Pleas, County Treasurer, and any other State or County]

hands to sue- i . , r- i i • /. i • n- i • • • 1

cessors. oihcer entrusted with funds by virtue of his office, upon his retinngJ

from office, to turn over to his successor all moneys received by himl
as such officer, and remaining in his hands as such ofl^cer, withinj
thirty days from the time when his successor shall have entered]
upon the duties of his office, in the same manner as he is requirec
by law to turn over the furniture, books and papers; and the sue*
Successors to cessor shall receive and be responsible for the moneys so turned!

be responsible _ ^ ' _ _ "^ 1

for same. over to him, in the same manner as he is liable for other moneysj
received by him officially; and any public officer neglecting or re-
fusing obedience to the requisition herein contained shall be held!
Penalty for guilty of a misdemeanor, and, upon conviction, shall be liablej

V 1 o 1 a 1 1 o n of ° •' ' ' r I

this provision, to a fine of one thousand dollars, and imprisonment not exceeding!

OF SOUTH CAROLINA. 675

fwolve month"', hcvidcs hi.-i liability on his official Ixni'l, at the suit ^- ^*- '^"•*'
of any person aggrieved by such neglect. '

Sec. 2. Upon the death of any such olHcer, his personal repre- ReprcHcnU-
sentative or representatives shall pay over to the successor of such f<l ofriccTsi to

1 1 ii- 11 II 11 I iti 1 1 • I • turn over mon-

deceaseti olliccr all moneys wnicli sucli deceased otncer had in his cys to liiii cue-
hands, ufficiallv, !it the time of his death, within nine months after
lie, she or they shall have assumed the administration of such
estate; and upon his or their neglect or failure so to do, without
good cause, the estate of such deceased officer and the sureties on
his official bond shall be liable to pav to such successor the amount Pcnnity for

... p f. " ■ , V i o I 11 t i o n

(hie, with interest at the rate or nve per cent, per month thereon, tlifi-oof.
after the expiration of such term of nine months, to be recovered
by action brought by such successor for the benefit of the parties
entitled to receive such money.

Sec. 3. It shall be the duty of all such officers who shall have All ofnecr?

1 111 ifn 1 f \ • • n t • ImviiiK censed

ceased to hold such oihces, by reason or the expiration oi their to hoiri office

-, ^„ , . . , . . , . , . , to turn over

terms ot office, or by resignation or otherwise, within thirty days money-; in like
after the passage of this Act, to turn over to the qualified successors
of such officers all funds received by such officers and remaining in
tlieir hands, or in the hands of their legal representatives; and in
case of failure so to do, they shall be subject to like penalties as are
hereinbefore mentioned.

Skc. 4. That all Acts or parts of Acts inconsistent with this Act
be, and the same are hereby, repealed.

Approved March 16, 1874.

AX ACT TO ClIARTEK THE CHARLESTON AND SuLLIVAN'-S No. 585.

Island Railroad Co:mpany.

Section 1. Be it enncted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That Bernard
O'Neil, R. C. Gilchrist, G. I. Cunningham, C. R. Brewster, W. J. Corpomtors.
McKinlay, L. J. Barbot, F. J. Smith, C. H. Simonton, E. \V. M.
.^lackey, R. B. Artson, W. R. Jervey, T. Hurley, M. P. O'Con-
nor, O. A. Bowen, T. G. Barker, A. S. Johnson, S. E. Gaillard,
W. N. Taft, A, O. Jones, George W, Williams, C. H. Sperry, John
A. Moroso, John A. Mushington, and their successors, be, and they
are hereby, declared a body politic and corporate, under the name
and style of the Charleston and Sullivan's Island Railroad Com- Corporate
pany, and under that name and style shall be, ami are hereby, made ""'"•'•
capable to have, purchase, hold and enjoy, and retain to their sue-

crs

676 STATUTES AT LARGE

A. D. 18T4. cessors, lands, rents, tenements, goods, chattels and effects of what-

---^ soever kind or quality, and the same to sell, alien or dispose of; to

(ieneraipow- ^^^ ^^ ^^ ^^^^^^ ^^^^^^ ^^ ,^^ i.opleaded, answer and be answered, de-
fend and be defended, in Courts of record, or any other place what-
soever; to have perpetual succession ; to have and to exercise all
the rights and privileges of all railroad corporations of a similar
kind now existing, or hereafter to be created, in this State, except
the right to interfere with the chartered rights and privileges of such
corporations relative to the building and construction of roads.

Sec. 2. That in addition to the rights, privileges and franchises
conferred upon this company under the provisions of this Act, they
shall also have authority and power, and they are hereby author-
ized and empowered, to build and construct a railroad by the most
Line of road, practicable route through Christ Church Parish to Sullivan s
Island, and connect the same Avith the city of Charleston by

Sec. 3. That for the purpose of creating the capital stock of the
Capitalstock. said company, which shall not exceed two hundred and fifty thou-
sand dollars, the corporators before named, or any three of them
to be selected by the said corporators, or a majority thereof,
are hereby appointed Commissioners, ^vhose duty it shall be, as soon
after the passage of this Act as may be convenient, to open books
of subscription at such places and at such times as to them shall
seem best, and under such rules as they may prescribe. -The capi-
tal stock of the said company to be divided into shares of fatty

dollars each. , j u • u

Sec. 4. That whenever the sum of two thousand dollars is suD-
When may scribed to the capital stock of said company, it shall be the duty
Sef"' '" of the Commissioners above mentioned to call a general meet-
ing of the stockholders, after giving such notice as to them
shall seem sufficient, and at such times and places as they shall
determine; and at all general meetings of said stockholders
not less than a majority of all the stock subscribed shall cons itute
a quorum for the transaction of business; and said stockholders,
Election of ,vhen SO met in general meeting, shall have power to elect a Presi-
'"'''"■ dent and Directors for said company, whose term of office shall be

for one year and until others are chosen. In the election of Presi-
dent and Directors, and in enacting such laws as may be necessary,
Manner of the Stockholders shall be entitled to vote as follows, viz.: One vote
"""'• for each share owned, not exceeding five; one vote for every two

shares above five, and not above ten ; one vote for every four shares
above ten, and not above twenty; one vote for every five shares
above twenty. No fraction shall be counted making less than halt
a vote.

OF SOUTH CAROLINA. G77

Sec. 5. That the said company may at any time during the ^- ^- ^^"'•
existence of this charter effect a cunsolidatiou with any other rail- ^^^ ^

I f- • • ,. . , . Mm.v unite or

road company, torming a continuous line with its own, according con -olid, at.-
to the provisions of Section 0 to 14, inclusive. Chapter LXV, of ^^ompanics.
the Revised Statutes.

Sec. 6. That for the purpose of assisting the said company in Cerbiin unoc-
the construction of the road, all the land on Sullivan's Island fe-runted t'.>".-ai.'i
which has not been taken up and assigned to occupants by virtue ''"^'^^^^'•
of the rights conferred on the Town Council of Moultrieville,
commencing at Simons' street and extending East the entire width
of the island for one mile, is hereby made over and vested in the
said company.

Sec. 7. That the said railroad company shall be subject to the Subject t«.
provisions of an Act of the General Assembly of South Carolina, clrtahJ^Act. "'
ratified September 22, 1868, entitled "An Act to declare the manner
by which the lands or the right of way over the lands of persons or
corporations may be taken for the construction and uses of railways
and other works of internal improvement:" Provided, however.
That nothing herein contained shall be so construed as to exempt
the company from the payment of taxes.

Sec. 8. That the said railroad shall be commenced within three
years and be completed within seven years.

Sec. 9. That this Act shall go into effect on and after its passage,
and all Acts or parts of Acts inconsistent with any of the provisions
of this Act are hereby repealed.

Approved March 16, 1874.

AN ACT TO Incorporate the Carolina Savings Bank op No. oSQ.
Charleston.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sittino- in
General Assembly, and by the authority of the same, That E. AV. M.
Mackey, W. R. Jervey, George I. Cunningham, Jacob Williman, Cori>oi-ato:-.
W. H, Jones, and such other persons as may hereafter be associated
with them, and their successors and assigns, are hereby constituted
a body corporate, under the name of the Carolina Savings Bank of Corpor.-i;.-
Charleston, and by that name shall have succession, with such powers
and privileges as are hereinafter provided, subject, however, to the
provisions of Section 6 of Article III of the Constitution of this
State.

Sec. 2. The capital stock of the said corporation shall be one Capital stock,
hundred thousand dollars, divided into two thousand shares of fifty
dollars each; and when the said amount of one hundred thousand
45

name.

(i7

STATUTES AT LARGE

A. D. is:

I'owers a
l>rivilcges.

Officer?

»• dollars shall have been actually subscribed and paid the said cor-
'^ poration may organize and proceed to business under this Act.
n.i Sec. 3. The said corporation shall have power and authority to
receive deposits, and to invest the same, its capital stock and
other funds, in bank or other stocks, in the purchase of bonds or
stocks of this or any other State of the United States, or of the
United States; to buy and sell gold and silver; to lend money on
unencumbered real estate in amounts not beyond seventy-five per
cent, of its actual value; and the said corporation shall have power
and authority to have, use and keep a common seal, and the same
to alter at \s\\\; to sue and be sued, to plead and be impleaded, in
any Court of law or equity in this State, and to have and enjoy all
and every right, privilege, power and franchise incident and
belonging to incorporated bodies ; and shall be capable of taking,
holding and disposing of its capital stock according to such rules
and regulations as it shall from time to time establish, and also
taking, holding, dividing, disposing of or investing the increase,
profits or emoluments of its said capital stock ; and shall have the
right and power to acquire, purchase, take and hold, in its corpo-
rate name, lands and real estate, and the same to devise, grant, sell,
assign, exchange and convey, in fee simple or otherwise ; and the
said corporation shall have authority to establish branch offices at
such other points in the State as it may elect.

Sec. 4. The said corporation shall prescribe rules and regulations
relative to deposits made, and the substance of such rules and regu-
lations shall be printed in the book of deposit received by each
depositor. The said corporation shall also be authorized to make
such by-laws as may be deemed necessary for its conduct and gov-
ernment: Provided, That each stockholder of the said corporation
shall be entitled to one vote for each share of stock owned and held
by him or her in all elections for officers of the said corporation,
and in all ([uestions aflfecting the interests of the said corporation,
and which may arise at meetings of the stockholders of the same:
And provided, also, That such by-laws are not repugnant to the
Constitution and laws of this State or of the United States.

Sec. 5. The business and corporate powers of the said corporation
shall be exercised by a Board of not less than five Directors, who
shall elect from their number a President.

Sec. 6. The Board of Directors, out of the funds and earnings of
said corporation, shall defray its expenses and pay its debts, and
may declare and pay out of the surplus net profits of its business,
as the same from time to time arise and accrue, to its stockholders,
or their duly-authorized attorneys, such dividends as they may
deem expedient.

OF SOUTH CAROLINA. 679

Sec. 7. The t-apitul stuck of ^uld corpuraUoii may, at any time, -'^- "• '*<"^-
be increased to an amount not exceeding five hundred thousand — '.'"''"
dollars, by the addition of new shares of fifty dollars each, duly m^n"y X^'Tn''^
.'subscribed ibr and paid in, in such manner and upon such terms as '^''"' '
a majority of the ]Joard of Directors shall prescribe.

Sec. 8. This Act shall be deemed a public Act, take effect when wi.-n to tak.
twenty thousand dollars of the capital stock of said bank shall
have been paid in, and satisfactory evidence of the same is furnished
to the Comptroller General, and shall continue in force for twenty-
one years.

Approved March 16, 1874.

i-flc<-f.

AN ACT TO Incoui'Okate the Southern Manufacturin.. No. 587.

Company.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That Charier.
R. Brewster, E. W. M. Mackey, J. B. Patrick, Louis J. Barbot, Corponuor.,.
W. R. Jervey, S. E. Gaillard, G. I. Cunningham, A. O. Jones, and
all such other persons who may associate with them, shall be, and
are hereby, incorporated and constituted a body politic and corpo-
rate, under tlie name and style of the "Southern Manufacturing Crporat..-
Company." and by that name shall have succession for forty years; "■'""'""
and shall have power to contract and be contracted with, to sue and Powi-rs and
be sued; to have and use a common seal; to borrow money upon ''"'■"^"''"■='-
their bonds or other obligations, for such suras and upon such con-
ditions, as to time and place of payment and rate of interest, as
may be agreed u])on between the contracting parties; to purchase
and hold such real estate and personalty as may be necessary for
the exercise and enjoyment of the rights, powers and privileges
conferred by this Act and arc incident to corporations.

Si:<'. 2. The said corporation shall have full power and authority oi.jcct of
to manufacture gas, and the exclusive right to supply tlie munici-
pality of Moultrievillc and the residents of Sullivan's" Island, at a
price not exceeding six dollars (60) per thousand feet; to manufac-
ture oil, tar, turpentine, rosin, varnish and paints; to manufacture
gas and water pipes, and to contract for the construction of gas and
water works in any other places desiring to secure such improve-
ments. The business office of the company shall be located in
Charleston, but their factories may be erected in any part of
Charleston County that may be most convenient lor conducting
their operations.

•rpiinition.

680 STATUTES AT LARGE

A. D. 1874. Sec. 3. The said corporation shall be, and is hereby, authorized
'~^' T^ to condemn and take such lands as may be necessary for the estab-

Corporation _ i i • i r

may take land lishment of their reservoirs and works ; and the right ot way

necessary for , , . . -,1 j i

the purpose of through all lands, to lay their pipes and conductors, ana to keep
Arc. ' the same in repair, is hereby granted them: Provided, That the

company shall make compen.sation to the owner of the real estate
so condemned and taken, or through which the pipes may be laid.
And the said company are hereby authorized and empowered and
invested with the exclusive privilege of laying down pipes through
all or any of the streets, lanes, alleys, avenues and public grounds
of Moultrieville and Sullivan's Island, to supply the inhabitants
thereof with gas, and for this purpose may take up the pavements
or sidewalks upon such streets : Provided, That said pavements and
sidewalks shall be taken up in such manner as to give the least
inconvenience to the inhabitants of the island, and that the same
shall be replaced with all convenient .speed by and at the expense
of said company.
Capital stock. Sec. 4. The capital stock of said company shall be fifty thousand
dollars, with the privilege of increasing the same to three hundred
thousand dollars by vote of the stockholders. Said stock shall be
divided into shares of twenty-five dollars each, and each share upon
which all legal calls have been paid shall entitle its holder to one
vote in all elections, and upon all votes taken in any meeting of
the stockholders relating to bylaws or any afi'uirs of the com-
pany.

Sec. 5. The management of said company shall be vested in a
Ofi&cers. Board of not less thau five Directors, who shall he elected at a
general meeting of the stockholders annually; but the persons
named in the first Section of this Act shall constitute the first
Board of Directors, and shall continue in ofiice until their succes-
sors have been duly elected, and may open books and takesubscriiv
tions to the capital stock of said company in such manner as they
may deem expedient. The Board shall elect one of their number
to be President of said company, and may fill all vacancies in their
number. They may also appoint a Secretary and Treasurer for
said company, and may take from their Treasurer a bond, in such
sum as they may deem sufficient, for the proper performance of his j
duties, and for correctly accounting for all moneys which may come
into his hands.
Stockholders Sec. 6. Any stockholder who shall fail to pay any call.-^ made by |
ins'uiimc'n?^ the Directors shall forfeit his stock and all payments thereon, or .
Habie*"'to'fo'r'^ the President and Directors may recover the amount of such
feitureofsame. ^^j,g y^^^ ^^-^^ jy^^ ^y^^^.^^ j^ ^j^g Capital Stock shall be deemed per- J

sonal estate, and be transferable only on the books of the company. I

OF SOUTH CAROLINA. ' G81

Tlie company may organize whenever the sum of fifieen thou.-iand •^- ^- i*"*-
ddlhirs is siihseribed. ^ ~^'

Skc 7. Any pers-on wlio shall injure or destroy, or cause to be Persons in-
injured or destroyed, any of the property of the said company shall ty of corponi-
forfeit and pay to the said corporation treble the amount of damages i.icfordumnges
sustained by any such injury, to be recovered by action in any
Court having cognizance thereof.

Sec. 8. To secure the payment of bonds issued or moneys bor- Property of
rowed, the President and Directors may mortgage all the property ti.'n may be
of the company existing at the date of the mortgage, as well as all "'' ^^""^^
the property to be afterwards acquired by the company, and the
franchise granted by this Act. And in case of foreclosure and sale
under such mortgage tlie purchaser or purchasers shall succeed to
and be vested with all the powers and privileges and be sulyect to
all the duties and liabilities of said company.

Skc. 9. As it is the acknowledged policy and interest of the State Corporation
to encourage and foster domestic manufactures, the said company bonds^froui t\e
shall be entitled to and receive a bounty of an annual sum equal i.v.^"^c(|uai'""to
to the amount of taxes paid by said company for the period of ten es'^^p^iTd by
years from the date of the commencement of their operations. ' i<?nn-

Approved March 16, 1874.

AN ACT TO Incouporate the Charleston Fertilizer Com- No. 588.

PA NY.

Section 1. Be it enacled by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That Charles F.
Panknin, William R. Caldwell, Oscar Aikel, Daniel S. Silcox, W. Cori>or«for<.
R. Jervey, E. W. M. Mackey, James F. Green, W. N. Taft, N. T.
Spencer, A. O. Jones, W. J. McKinlay, Rufus C. Barkly and
George Dick, and their associates and successors, are hereby made
and created a body politic and corporate iu law, for the purjjose of
carrying on any kind of mining, manufacturing or chemical busi-
ness, with a capital of one hundred thousand dollars, to be divided
into one thousand shares of one hundred dollars each : Provided, i'i-.,vi:i,».
however, The company shall not organize until ten thousand tlollars
of capital stock has been subscribed to.

Si:r. 2. That said company shall have power, from time to time, May incn-iK-
to increase their capital stock to any amount not exceeding gyg ^^^p""' -"'•'"''*•
huiidrod thousand dollars, including their present capital stock,
whenever a majority of the stockholders present at any general

682 STATUTES AT LARGE

A. D. 1874. meeting, or the Board of Directors, by their authority, shall deter-

" .-^ mine ; and such additional stock shall be divided equally among

the stockholders in proportion to their shares in the capital stock of
the company at the time of such increase; but in case any stock-
holder should not desire to take his or her proportion of such in-
creased stock, the same shall be allotted among the remaining
stockholders, or boots may be opened for the purpose of obtaining
additional subscribers to such increased stock, in such manner as
the company may deem expedient; and in no case shall the mem-
bers who are unwilling to take their proportion in such increase
of stock be assessed to contribute or make up such increase. Such
additional stock shall be subject to all the same provisions, restric-
tions and conditions as are directed by the provisions of this Act,
and any such additional subscribers shall thereby become members
of this company, and subject, in like manner, in proportion to their
interest, to all the burdens, liabilities, responsibilities and condi-
tions imposed upon the members of this company.
Treasurer of Sec. 3. That if the proprietor of any share shall neglect to pay
^avLuTh^.V°e" any installments assessed thereon for the space of thirty days after
ITy ""-iUm- the time appointed for the payment thereof, the Treasurer of the
ment is due. ^^^^^^^^ by the Order of the Directors, may sell by public auction
a sufficient number of shares standing in the name of such stock-
holder to pay all the installments then due from him, with all neces-
Piace ofsary incidental charges. The Treasurer shall give notice of the
fcrUsed.*" "^' time and place of sales, and of the sum due, by advertising the
same three weeks successively before the sale in one of the Charles-
ton newspapers, and a bill of sale of the share or shares so sold, made
by the Treasurer, shall transfer said stock to the purchaser, who
shall be entitled to a certificate thereof.
Shareholder.- Sec. 4. That every shareholder of the said company shall be in-
diteofeorpo-dividually liable for the debts contracted during the time he or
^^^'"'^- she shall be a shareholder in said company to the extent of ten
per cent, of the par value of his or her shares in the same; that
no person holding such stock as collateral security shall be per-
sonally subject to any liability as stockholder of such company, but
the person pledging such stock shall be considered as holding the
.same, and shall be liable as a stockholder accordingly: And pro-
Tided, further, That no stockholder shall be personally liable for
the payment of any debt contracted by the said company which
is not to be paid within one year from the time the debt is con-
tracted, nor unless a suit for the collection of such debt shall be
brought against said company within one year after the debt shall
become due ; and do suit shall be brought against any stockholder
who shall cease to b^ a stockholder in said company for any debt

OF SOUTH CAROLINA. em

so contracted, unless the same shall be commenced within two A. D. Wi.

years from the time he shall have ceased to be a stockholder in '

said con.pany, nor until an execution against the company shall
have been returned unsatisfied in whole or in part.

Sec. 5. That the said company shall have such number of officers Powt-r^ u..!
as shall be ordained and chosen by the rules and by-laws to be '"■'"•'*'''^-- '
made for their government and direction, and shall have power and
authority to make ail rules and by-laws not repugnant to the laws of
the land; to regulate the issue of scrip and transfer of shares; to
have and to keep a common seal, and the same to alter at will ; to sue
and be sued, to plead and be impleaded, in any Court of law or
equity; to purchase, take and hold, sell and alien, in fee simple or
for any less estate, lands or tenements, hereditaments, goods, chat-
tels, rights and credits which may be connected with or in any man-
ner conducive to the purpose for which said company is established ;
to dig and mine for earths, marls, rocks and minerals, and to con'
tract with individuals or with corporations, municipal or private,
for the purchase, removal or collection, in any manner, shape or
form, of organic or inorganic substance; to manufacture the same,
and such other material as they may purchase, into chemicals'
acids and fertilizers; to carry on trade therein and to cultivate
such lands as may be purchased by the company for the purposes
aforesaid.

Sec. 6. That this Act shall be deemed and taken to be a public
Act and shall continue of force for tweuty-oue years.
Approved March IG, 1S74.

AN ACr TO Authorize the City Council of Charleston to No. 5s9.
Issue Seven Per Cent. Coupon Bonds for the Purpose of
Taking Up Over Due Stock of the Said City.

Section 1. Be it enacted by the Senate and House of Kepre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That for the
purpose of taking up the stock of the city of Charleston which is
now over due, or which shall hereafter fall due, the City Council of n.y Council
Uiarleston be, and they are hereby, authorized an.l empowered to l^MiiV'uTo"
issue coupon bonds to an amount not exceeding five hundred thou- W; ^"e Zr
sand dollars, said bonds to bear interest at seven per centum per "'''''' ''"^■'''°'=''-
annum, payable semi-annually, and to be exchanged at par for the
over due stock, to bear date from the date of pavment of the cer-
tificates of the said stock for which they shall be respectively
exchanged, and to be made payable twentv years from date.

084 STATUTES AT LARGE

A. D. 1874. Sec. 2. The said bonds shall not be taxable by the city of
" ^ ' Charleston for any purpose whatsoever, and the coupons shall be

Bonds not r- i ^ ^u • \ 't

taxable by city, receivable ID payment of taxes due to the saia city.

City Council Sec. o. That the principal and interest of said bonds shall be
places' whe^'re payable at such places as the City Council may, by ordinance,

principal and "' .
interest shall provide,
be paid.

Approved March 16, 1874.

Xo. 590. AN ACT to Charter Friendly Ferry, Across the Edisto

ElVER.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That the
Frien.iiyferrv knowu as Friendly Ferry, across the Edisto River, be, and
Ferry '•^<^^=^'-- t^e^ame is hereby, chartered and its chartered rights vested in
James Friendly, his heirs and assigns. The rates of toll shall con-
form to the provisions of Chapter forty-seven of the General Statutes
of South Carolina.

Sec. 2. This Act shall be deemed a public Act and remain in
force until repealed.

Approved March 17, 1874.

No. 591. AX ACT to Charter a Ferry Across Stono River, in

Colleton County.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That a public ferry shall be,.
Charter of and the same is hereby, established from a place known as James's
£?o"o' R'Tel Landing, on the Stono River, in Colleton County, to a point knowo
rai^'perifuns"' as Jenkins's Landing, on said river, and that the said ferry shall be
vested in James Stanford, Joe Hines, Robert Tarlton, T. Small and
Hackey Simmons, their heirs and assigns, for the term of fourteen
Rates of toll, vears, with the following rates of toll, to wit : For each man and
horse, fifteen (15) cents; for each led horse, ten (10) cents; for
each foot passenger, five (5) cents; for each vehicle drawn by four
(4) horses, eighty (80) cents; for each vehicle drawn by two (2)
horses, fiftv (50) cents; for each vehicle drawn by one horse, twenty-
five (25) cents; for each head of cattle, ten (10) cents; for each

OF SOUTH CAROLINA. 685

head of hogs, sheep or goats, five (5) ceuts: Provided, That chil- A. D. 1874.
dren going to or from school, persons going to and from church, ^

elections or parades of militia, shall be passed free over said ferry. ^''■°^'°"-

Approved March 17, 1874.

AN" ACT TO Authorize and Empower the County Commis- No. 592.
sroNERs of Clarendon County to Open and Establish a
Public Road from the Manning Road, near McFaddin's
Store, to the Cade Road, near the Williamsburg Line.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the County Commissioners Commi"ionci^
of Clarendon County be, and they are hereby, empowered and re- "f Clarendon to

*' J ' r repair certain

quired to open, establish and keep in repair a public road, com- ^°'^^-
raencit)g on the Manning Road, near J. H. McFaddin's store, ex-
tending so as to intercept the Pudding Swamp Road near Johnston's
Crossing, thence leaving the Pudding Swamp Road near W. F.
Kennedy's, and from thence extending in as nearly a direct course
as possible until it incercepts the Cade Road at the Williamsburg
line.

Approved March 17, 1874.

AN ACT TO Charter the Southern Insurance, Savings, No. 593.
Banking and Trust Company, of South Carolina.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That John R. Corpomtorc
Cochran, Henry Kennedy, E. E. Keese and T. J. Webb, together
with such other persons as are now or may hereafter be associated
with them, shall be, and they are hereby, constituted and made a
body politic and corporate, by the name and style of the Southern
Insurance, Savings, Banking and Trust Company, of South Caro- Corporate
lina, and by that name and style shall be, and are hereby, made ""'"*'■
capable in law to have, hold and exercise the same rights, fran- .Powers and
chisesand privileges granted to the State Savings and Insurance ''"^''^^'''"
Bank, of Anderson, South Carolina, and the Union Savings Bank,
ot Columbia, South Carolina, in accordance with the provisions of

686

A. T>. ^>:i.

Proviso.

Conflicting

STATUTES AT LARGE

the charter of the same in the Acts entitled "An Act to charter
the State Savings and Insurance Bank, of Anderson. South Caro-
lina," and "An Act to charter the Union Savings Bank, of
Columbia, South Carolina," approved, respectively, February 27,
1873, and March 13, 1873: Provided, That said incorporators,
associates and successors shall comply with the requirements of
Section 6 of Article XII of the Constitution of the State of South

Carolina.

Sec. 2. That all Acts or parts of Acts, Joint Resolutions or parts
of Joint Resolutions, conflicting with the provisions of this Act be,

VUIllllt tins

Acts repealed. ^^^^ jjjg ^.^^q are hereby, repealed
Approved March 17, 1874

No. 594. AN ACT to Exempt from Attachment, Levy and Sale all
Poor Farms, Poor Houses or Hospitals, Court Houses,
Jails axd all Other Public Property, of Whatsoever
Kind or Description, that are Actually Used as Such,
FOR Debts Due by the County in which such Farms,
Houses and Hospitals are Situated.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That all
Public prop- County poor farms, poor houses and hospitals, court houses, jails
tie" ex em pi and all other public property, of whatsoever kind or description,
ment'^md-aie" actually used as such, be, and the same are hereby, exempted from
attachment, levy and sale on account of any judgment, hen or any
claim whatsoever against such County to which such farms, houses
and hospitals may belong.

Sec. 2. That all Acts or parts of Acts inconsistent with the pro-
visions of this Act be, and the same are hereby, repealed.

Approved March 17, 1874.

No. 595. AN ACT to Change the Names of Certain Individuals

Herein Mentioned.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
Caroline Wur- General Assembly, and by the authority of the same, That the
n?'/n g cTto names of Camlin, Emma, Middleton, Tabby, Limus, Fanny, Calvin
Y-^'^^^^y- j^uti,er Amelia and Lula Waring, of Abbeville County, be changed

OF SOUTH CAROLINA. 0,s7

to Camlln, Emma, Middleton, Tabhy, J.imus, Fannv, Calvin, Lu- A. d. m:i.

ti.er, Amelia and Lula Pinckney, ainl tl>at ti.ey bJ declared the ^ '

legal heirs of Limns Pinckney,

Sec. 2. That the name of Russell Wilson, of Oran^eburfr Countv -"'i "''»''» me

be chan-ed to Russell Kcit. ^ ' klit." ' "' '^ '"

Sec. 3. That the name of James Preston Coleman, of Union -i. P Ck-

County, be, and is hereby, changed to James Preston Knuckles. "h "n.".'} "to

Sec. 4. That James Smiley, of Colleton County, and the mem- ^°"^''"^''-
bers of his family, he, and they are hereby, authorized and empow- ic>'"Ta^n""e"
ered to change their surname to that of Howard. ii'dwanf ^'^ *"

Sec. o. That the names of Sampson AFontgomerv, Harrv and S. Montgom-
Lisbon Montgomery, Antrum Hunt and Will Salters, of Williams- chungeTfo
burg County, be changed to Sampson Giles, Harry Giles, Lisbon "'"'•
Giles, Antrum Giles and Will Giles.

Sec. G. That Mary JNIcCarthy be, and she is hereby, authorized t^.v^'Vo" Lii'iie
and empowered to change her name to Lillie Louisa McGuinness ^^^^. ^'^"
Sec. 7. That the name of William DeSaussure Vanderford be v„n.l..rf.r.i
changed to William DeSaussure Harris. toUarrK

Sec. 3. That the names of Jeremiah Belew and Henry Belew, of Beiew to Lon.
Union County, he changed to that of Jeremiah Long and Henry
Long.

Sec. 9. That the names of Daniel Erwin and Mollie Ann Erwin Erwi„ ,o A„-
be changed to Daniel Anderson and Mollie Ann Anderson, and '^'''''''•
that the said Daniel Anderson and Mollie Ann Anderson shall
hereafter be deemed lawful heirs of W. T. Anderson, and shall
upon the death of the said \Y. T. An.lerson, providing he die intes-
tate, inherit his property in common with his other lawful heirs.

Approved March 17, 1874.

AN ACT TO Incorporate the Congaree Real Estate, No. .396.
Building and Loax Association.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sittin- in
General Assemljly, and by the authority of the same. That W? B. .v.ponu.r..
Nash, Samuel B. Thompson, A. W. Curtis. John T. Gilmore
George A. Richmon<l, A. O. Jones, C. Minort, L. L. Brown, John'
JNott and J. J. Goodwin, together with such other persons as now
are or may be hereafter associated with them, be, and they are
horeby, declared a body politic and corporate, for the purpose of
'naking loans of money, by certificate or otherwise, secured by
mortgage on real estate or personal property, or by convevan.>e ^^i:

688 STATUTES AT LARGE

A. D 1874. the same to their members and stockholders, or other persons, by

--^^ the name and style of the Cougaree Real Estate, Building and

uumJ.^'^''' ^ Loan Association, the capital stock of which shall not exceed four
Capital s oek. thousand shares, to be paid in by successive monthly installments
of one dollar on each share, so long as the corporation shall con-
tinue. Said corporation may issue to its members certificates of
deposit or vouchers, in acknowledgment of money received, in such
form as may be agreed upon and accepted by said members. The
said shares to be held, transferred, assigned and pledged, and the
holders thereof to be subject to such fiues and forfeitures for
default in their payment, according to such regulations as may be
Proviso. prescribed by the by-laws of said corporation: Provided, That
this association shall not organize or commence its operations until
at least two hundred shares have been subscribed.

Sec. 2. That the said corporation shall have power and authority
priSeTes! """^ to make any such rules and by-laws for its government as are not
repugnant to the Constitution and laws of the land; shall have
such members and succession of members and officers as shall be
ordained and chosen according to said rules and by-laws made or
to be made by them; shall have and keep a common seal, and may
alter the same at will; may sue and be sued, plead and be im-
pleaded, in any Court of law or equity in this State;, and shall
have and enjoy all and every right and privilege incident
and belonging to corporate bodies according to the laws of the
land.

Sec. 3. That the said corporation shall have power to take,
purchase and hold real estate, and to sell and transfer the same,
from time to time, to its members and others, on such terms, and
under such conditions, and subject to such regulations, as may be
Proviso. prescribed by the rules and by-laws of said corporation: Provided,
That the real estate held by said corporation shall not at any time
exceed the value of three huudred thousand dollars.

Sec. 4. That the funds of said corporation shall be loaned and
Funds of cor- advanced to its members and stockholders, or others, upon security
be^ioanecno of real and personal estate, and used in the purchase of real estate
and'o^h'c^i.'''''' for the benefit of its members and stockholders, on such terms,
and under such conditions, and subject to such regulations, as may,
from time to time, be prescribed by the rules and by-laws of said
corporation ; and it shall be lawful for the said corporation to hold
such lauds, tenements and hereditaments and personal property as
shall be mortgaged or conveyed to them in good faith, by way of
securitv, upon its loans and advances; and may sell, alien or other-
wise dispose of the same to its members, stockholders, or others, as
they from time to time may deem expedient.

OF SOUTH CAROLINA. 689

Sec. 5. That whenever the funds of said corporation shall have ^- ^- ^^~■♦•
accumulated to such an amount that, upon a fair and just division ^~! ~' T

'■ •' Corporation

thereof, each stockholder and member shall have received or be to cejise upon

. .111 payment ot a

entitled to receive the sum of two hundred dollars, or property of ftrininnmount

, , ', . ^ ' , -^ to stockholders

that value, tor each and every share or stock by him or her so
held, and such distribution and division of the funds shall have
been so made, then this corporation shall cease and determine.

Sec. 6. This Act shall be deemed a public Act and the same may
be given in evidence without specially pleading the same.

Approved March 17, 1874.

AN ACT TO Incorporate the True Blue Union Republican No. 597.
Society, of St. Helena Island,

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That Bristol Corporators.
Powell, T. G. Glover, P. W. Simmons, R. D. Richardson, James
Powell, Bram Richardson, and their successors, officers and mem-
bers, be, and they are hereby declared to be, a body politic and
corporate, under the name and style of the True Blue Union name.
Republican Society, of St. Helena Island.

Sec. 2. The said corporation shall have a common seal, and shall Powers and
have power to purchase, receive and hold any real or personal '"^'^^ *^^^^'
estate, not exceeding in value the sum of ten thousand dollars, and
to sell, convey and dispose of the same; and by its corporate name
may sue and be sued in any Court in this State, and may make such
rules and by-laws, not repugnant to law, as may be considered
necessary and expedient.

Sec. 3. That this Act shall be deemed a public Act and shall
continue in force until repealed.

Approved March 17, 1874.

AN ACT to Amend an Act Entitled "An Act for the Re- No. o^S.
lief of the Widows and Orphans of Persons Killed Be-
cause OF Their Political Opinions," Approved March 13,
1872.

.,,•' •' orphans

entitled 'An Act lor the relief of the widows and orphans of per- amended.

Act for relief

690 STATUTES AT LARGE

A. I). 1S74. gQiig killed because of their political opiuicjiis," approved March
• 13, 1872, be, and the same is hereby, amended so as to embrace the

County of Abbeville.

Sec. 2. This Act shall take effect from and after its passage.
Approved March 17, 1874.

No. 599. AN ACT to Confer thr Right of Legitimacy on Certain

Children.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That the chil-
Chiidron of dren begotten of the body of Celia Lyde, late of Darlington County,
citirni/.Jd. deceased, called by the names of Silas Lyde and Kate Jackson, nee
Lyde, be, and they are hereby, invested with all the rights and
privileges of legitimate children, in the same manner and to the
same extent as if they had been born in lawful wedlock.

Sec. 2. All Acts or parts of Acts conflicting with the provisions
of this Act are hereby repealed.

Approved March 17. 1874.

No. 600. AN ACT to Incorporate the Lone Star DEBATiN(i and
Charitable Clui;, of Columbia, S. C.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That J. J.
Corporators. Andrews, James Hicks, Joseph Foster, London Johnson, Ellcck
Coltry, together with other persons who now are or may hereafter
be associated with them, be, and they are hereby, declared a body
Corporate corporate, under the name and style of the Lone Star Debating

name. ' •' ,111

and Charitable Club, of Columbia, South Carolina, and shall have
succession of officers, and shall have a common seal.

Sec. 2. That the said corporation shall have power to purchase,
Powers iiii.i receive and hold any real or personal estate, not exceeding in value
the sum of ten thousand dollars, and to sell, convey and dispose of
the same ; and by its corjjorate name to sue and be sued in any
Court of this State, and to make such rules and by-laws, not repug-
nant to the laws of the land, as may be considered necessary and
expedient.

Sec. 3. That this Act shall be deemed and taken to be a public
Act and shall continue in force until repealed.

Approved March 17, 1874.

OF SOUTH CAROLINA. 6IJ1

AN ACT TO Inc:ohi'()kate jhk I'imolkau Ritm-: Club, of -^- ^'- '**"'•

C11AULK8T0N County. ' '"„

No. 601.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That J>edo Cwi|.orutoin.
Kidiardson, Ikass Prioleau, Stephen Smalls, Francis Brown, Class
Smalls and James Footmand, and all other persons who now are or
may liereafter become members of the Prioleau Rifle Club, of Corporate
Charleston County, be, and are hereby, constituted and declared a
body politic and corporate, by the name and style of the Prioleau
Rifle Club, of Charleston County, S. C.

Sk(\ 2. That the said corporation hereby created and established . Powers and

priviiopcs.

shall have successifm of officers and members according to its by-
laws, and shall have power to make all necessary by-laws not re-
pugnant to the laws of the land; to sue and be sued, plead and be
impleaded, in any of the Courts of this State; and to have and
enjoy every right, power and i)rivilege incident to such corporations;
and it is hereby empowered to take, hold, retain, possess and enjoy
all such property, real and personal, as it may acquire by purchase,
right, devise or bequest, or in any manner whatsoever, and the
same, or any part thereof, to sell, alien, encumber, mortgage or con-
vey at the will and pleasure of such corporation : Provided, That
the amount of property, real and personal, so held shall not at any
one time exceed the sum of twenty-five thousand dollars.

Sec. 3. That this Act shall be deemed and taken to be a public
Act and shall continue in force until repealed.

Approved March 17, 1874.

AN ACT TO Desicnatk Peaces for the Coj. lection of Xo. ti02.
Taxeh in Fairfield Coixty..

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting iu
General Assembly, and by the authority of the same, That the fol-
lowing places, to wit: Youngsville, Gladden's CJrove, Winnsboro, piacv forooi-
Ridgeway, Doko, Mouticello, Feastcrville, Jenkiusville, Durham in'"'F7i''/fiH';i
Precinct and Iloreb, be, and they are hereby, designated and de- ^Ttcd^ '**'"'*'
clared to be points for the collection of taxes in Fairfield County.

692 STATUTES AT LARGE

A. D. 1874. Skc. 2. That the Treasurer of said County, or Iiis deputy, be,
Ir^ '^ ~^ " and he is hereby, required to attend at each of said places, for the

County Trca- . . .

surer to attend purpose of Collecting taxes, at least tliree days during the period
fixed by law for the collection of such taxes.

Sec. 3. All Acts or parts of Acts conflicting with the provisions
of this Act are hereby repealed.

Approved March 17, 1874.

No. 603. AN ACT to Authorize and Empower H. R. Box, Joseph
M. Lawton and Others to Erect and Continue, for a
Term of Four Years, Two Gates Across the Savannah
AND Augusta Road.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That H. R.
Certain par- Box, Josepli M. Lawton and others be, and they are hereby, author-
ga?es.*° ^^^'^ ized and empowered to erect and continue, for a term of four years,
two gates across the Savannah and Augusta Road, in Beaufort
Proviso. County: Provided, That the gates shall be built of durable mate-
rial, and constructed in such a manner as to afford the least trouble
to travelers in their passage.

Sec. 2. That each person residing within the area protected by
said gates shall be held responsible for any damage committed by
his stock.

Sec. 3. All Acts or parts of Acts conflicting with the provisions
of this Act are hereby repealed.

Approved March 17, 1874.

No. 604. AN ACT to Regulate the Manner in which Public Fund-
Shal^ be Disbursed by Public Officers.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That it shall
cers"n'o t° to be unlawful for any public officer. State or County, authorized by
in'e x'c"" s'^rof law to SO Contract, to enter into or contract, for any purpose what-
priatUd or'iev- soevcr, iu a sum in excess of the tax levied, or the amount appro-
pose?'^^*^^""^ priated for the accomplishment of such purpose.

OF SOUTH CAROLINA. Gf)3

Sec. 2. It. shall bo imluwrul Cor iiiiy public ufficer, State or County, A. I). Istj.
to divert or appropriate the riinds ariHiiiir Ironi any tax levied and ^"^^^^^
collected for any one ^scal year to the j)ayiiient of any iudebteduees not to l.e di-

„,,..!• J,. . ,. , " viTtfil from

coutractecl or incurred tor any previous h.scal year. pivment of in-

C^^, o oi, ..11 1 1- ,!• • , (Icbtfdness of

."5EG. o. ."^noulil any public orhcer in any manner wliatsoever one y c u r t<

violate the provisions of the first two Sections of this Act, he shall ''"'^•^''■*""''"^''-
be deemed guilty of a felony, and, upon conviction thereof, shall be .Penalty for
punished by a fine not exceeding five thousand dollars and not less Act*.'"''"" ^'^
than five hundred dollars, and by imprisonment at hard labor iu
the State Penitentiary for a period not exceeding five years nor less
than one year, or either or both, in the discretion of the Court.
This Act shall take effect immediately after its passage.

Approved March 17, 1874.

AN ACT TO Incorporate the Hartsville Agricultural No. 605.
Association, of Darlington County.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That William
Braley, Emanuel Lever, Isaac Alexander, Alexander Cuffey, Ben- Corporator.--,
jamin Jackson, Glenn Jackson, Charles Robertson, Antrum Wright,
Davy Brunson, John Brunson and Lewis Farmer, and their associ-
ates and successors in office, be, and they are hereby, declared a
body politic and corporate, under the name and style of the Harts- Corponuc
ville Agricultural Association, of Darlington County, with a capi- "'''"*^*
tal stock of twenty-five thousand dollars, with power to increase Capital stock,
the same to one hundrcfl thousand dollars, in shares of twenty-five
dollars each.

Sec. '1. That said corporation is hereby empowered to have and Power? ami
to use a common seal, and the same to alter at pleasure; to hold ''"^'''^*'"'
real and personal property, whether acquired by gift, devise or jiur-
chase, and the same or any part thereof to alien, sell or transfer;
to ado]tt such constitution and pass such by-laws, not inconsistent
with the laws of the land, as may, in the opinion of the members
of said corporation, appear best calculated to promote the aims and
objects thereof; to sue and l)e sued, to plead and be impleaded, in any
Court of competent jurisdiction, and to have all other rights, jtrivi-
leges and immunities that are now secured by law to corporate
bodies: Provided, That the real and personal property of each cor- Proviso.

694

STATUTES AT LARGE

A. I). 1874. porator shall be liable fur the debts of said corporation or assigns
' iu any amount not exceeding the par value of the stock held by

him.

Sec. 3. That this Act be deemed a public Act and shall have
force until repealed.

Approved March 17, 1874.

No. 606. AN ACT to Authorize and Require the County Commis-
sioners OF Newberry County to Build a Bridge Across
Tyger River.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
County Com- General Assemblv, and bv the authority of the same, That the

missioners of ^ . ". n -y^-r \ /-. i i i

N e w b er r y Oountv Commissioners or Newberry County be, and they are

County to build " i • i i • i i -i i i . i m

:i bridge across hereby, authorized and required to build a bridge across lyger
River at or close by Gordon's Ferry, in said County.

Sec. 2. That the said bridge shall be free, and no toll or charges
whatever be collected for crossing said bridge.

Approved March 17, 1874.

No. 607. AN ACT to Charter the Georgetown and Northwestern
Narrow Gauge Railroad Company.

Corporators, such point or placcs as are hereinafter stated, that J. B. Kershaw,
Wm. M. Shannon, Thomas B. Eraser, Edward Burroughs, S. W.
Maurice, S. A. Swails, A. Morgan, J. G. Bowley, li. Kaminski, B.
I. Hazard, W. W. Walker, B. F. Wickersham and Geo. R. Cong-
don, and their associates, successors and assigns, are hereby created

Corporate a body politic and corporate, under the name of the "Georgetown
and Northwestern Narrow Gauge Rail road^ Company," and by such
title shall have a corporate existence for tlie term of forty years;
Powers and and may sue and be sued, plead and be impleaded, in every proper
Court of the State of South Carolina; and may have and use a
common seal, which it may change or alter at pleasure; and shall
be capable of purchasing, holding, using, leasing and conveying

OF SOUTH CAROLINA. 695

estalos, real, iiersonal and mixed, and oilier property, ami ot'acfjuir- -^- "• !'*"<•
iiig the same by gift or devise; and may make all necessary by-laws "^^'^
and regulations for its governineiit not incon.sistent with the laws of
the State of South Carolina.

Sec. 2. That the said company he, and is hereby, authorized and
empowered to construct, maintain and operate a railroad extending
from the town of Georgetown to the town of Camden, passing Line of road,
through the Counties of Georgetown, Williamsburg, Clarendon,
Sumter and Kershaw, by such route as shall be found most suitable
and advantageous, and with privilege of extending said road from
Camden to the North Carolina State line, in the direction of Char-
lotte, or from Camden in the direction of or to the town of Chester,
by such routes as may be deemed advisable by said company, and m a y con-
to construct bridges across such rivers and streams as may be found '^ '^"*' ^" ^"*
necessary to complete said railroad.

Sec. 3. That the said company may also own, lease or charter May lease

, , , /• 1 stiMiiners a n d

such steamers, vessels or other water cratt as may be necessary to conduct frcicht

, ^ 1 f> - 1 • 1 I • """1 passenger

conduct a general ireighting and passenger business. business.

Sec. 4. That the said company shall lay a narrow gauge track, May laynar-

1 11 1 £■ -^ • X I X .1 1- i „nowgauKeand

and may run such branches from its main track to the distance of c- o n struct
twenty miles, in such direction as may be deemed necessary : Pro-
vided, That said branches may be laid with wooden or iron rails.

Six', o. That the capital stock of said company shall be one and
a half million dollars, in shares of Kfty dollars ($50) each, with Capital stock.
privilege of increasing the said capital stock to such an amount as
may be found necessary to carry out the intention and purposes of
this Act ; and the shares shall be personal property, transferable in
such manner as tiie by-laws may direct ; and for the purpose of
raising such capital stock, it shall be lawful to open books of sub- Subsoriptions
scriptiou at sueli times and places and under the direction of such what payable.
persons as the said company may determine. And that said sub-
scription to the capital stock may be made in money, bonds, lands,
material and work, at such rates as may be agreeil upon with the
saiil company ; and that each and every person subscribing land
shall execute a deed of the same to the said company. And the said
railroad company shall have power to mortgage its property and
franchises, and issue bonds on such terms and conditions, and for May i?sue
such [)urposes and uses of said corporation, as the President and
Board of Directors may deem necessary.

Sec. 6. That it shall be lawful for any city or town in this State Cities. Ac.
interested in the construction of said railroad to subscribe to the subscribe,
capital stock of the same, according to such rules and regulations
as are by law now made and provided for such purposes. And the
several Counties interested in the construction of said road arc

696

STATUTES AT LARGE

A. D. 1S74.

Subscription
payable in
oonds.

County Audi-
tors to assess
per centum to
pay interest
thereon.

Dividends to
be set apart to
liquidate said
bonds.

Counties to
be represented
in conventions
of stockholders

Entitled to
all rights. A-o..
granted to oth-
er r a i 1 r 0 a d
companies.

Exclusive
right of trans-
portation.

hereby authorized to subscribe to its capital stock such sum as a
majority of their voters may authorize their constituted authorities
to subscribe, which subscription shall be made in seven (T) percent.
County bonds, payable in periods of ten, fifteen and twenty years,
the interest to be raised annually by taxation.

Sec. 7. That whenever any subscription shall be made by any
County to the road as aforesaid, it shall be the duty of the County
Auditor, or other ofBcer discharging such duties, to assess, annually,
upon the property of ?uch County, such per centum as may be
necessary to pay the annual interest required by said subscription,
which shall be known and styled in the tax books as said railroad
tax, which shall be collected by the County Treasurer under the
same regulations as are provided by law for the collection of State
and County taxes, and which shall be paid over by the said County
Treasurer to the holders of the said bonds, annually, as the said
interest may become due : Provided, That all dividends paid by the
said company upon' its stock held by the several Counties shall be
set apart and held by the said County Treasurers to be used only
in the liquidation of the principal and interest of the said County
bonds ; and that when the said bonds become due, the money to pay
the same shall be raised by taxation in the same manner, and paid
out by the County Treasurer, as provided above for the payment <;f
the annual interest.

Sec. 8. That in all conventions of the stockholders of said com-
pany, such County or town as may subscribe to the capital stock
thereof may be represented by not less than three, nor more than
five, delegates, who shall be chosen by a convention of the taxpayers
of such County or town.

Sec. 9. That for the purpose of acquiring such lands or right of
way as they may require for the location and construction of the
said railroad and branches, or for the erection or location of such
depots, warehouses, stations, wharves and other necessary establish-
ments, or for extending or altering the same, the said company shall
have every right, privilege and power heretofore granted to, and
which now is or has been used, possessed or enjoyed by any railroad
company heretofore incorporated in this State; and shall, also, be
entitled to the use and benefit of every process or proceeding pro-
vided by law for enabling any other railroad company in this State
to obtain such lands or rights of way as they might require in cases
in which the consent of the owners cannot be obtained.

Sec. 10. That the said company shall have the same exclusive
right of transportation on their road and branches which is pos-
sessed and enjoyed by any other railroad in this State ; and persons
trespassing or intruding upon the said railroad and its branches

OF SOUTH CAROLINA.

G97

shall be liable to all the penalties provided by law for the prevea- ^- ^- ^^"^•
tiou of trespasses or intrusions upon any. other railroad; and any '

person who shall willfully destroy, damage or obstruct the said road, . Penalty for
or any branch or part thereof, shall be liable to all the penalties to erty.
which persons willfully destroying, damaging or obstructing any
other railroad are made liable by any law of the fState.

Sec. 11. That the said road shall be subject to the provisions of Subject to
an Act entitled *'An Act to declare the manner by which the lands certain Act.
or right of way over the lands of persons or corporations may be
taken for the construction and uses of railways and other internal
improvements," ratified September 22, 1868; and that this Act
shall be deemed a public Act and shall continue in force for the
term of forty years: Provided, That the work on the said road shall
be commenced within two years from the passage of this Act and
completed within five years thereafter.

Approved March 17, 1874. '

AN ACT TO Incorporate the Union Hotel Company, in No. 608.
Union County.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That from
and immediately after the passage of this Act, Thomas B. Jeter, Corporators.
William Munro, A. H. Foster, B. D. Culp, H. L. Goss, W. D.
Humphries, John Rodgers, and all other persons who are now or
liereafter may be associated with them as stockholders in said com-
pany, shall be, and they are hereby declared to be, a body corpo-
rate, bv the name and style of ''The Union Hotel Company," and Corporate

-_ -' I J ' name.

by their said name shall have succession of officers and members
and have a common seal. .

Sec. 2. That the said corporation shall have power to purchase. Powers and

1111 1 I 1- • privileges.

possess and hold any real or personal property, not exceeding in
value the sum of thirty thousand dollars, or to sell and convey the
same; and, by its corporate name, to sue and be sued in any Court
of this State; and to make such rules and by-laws, not repugnant
to law, as may be deemed necessary or expedient.

Sec. 3. This Act shall be deemed a public Act and continue in
force for twenty-five years, or until repealed.

Approved March 17, 1874.

698 STATUTES AT LARGE

A. D. 1874. AN ACT TO Incorporate the Camden Independent Fire

";;; '^"Tf Engine Company, No. 1.

No. b09.

Section 1. Be it enacted by the Senate and House of Represent-
atives of the State of South Carolina, now met and sitting in Gene-
ral Assenably, and by the authority of the same, That James L.
Corporators. Brasington, Henry Mitchell, Stephen Collins, Isaac Scott, Frank
Carter, Alfred Alerson, Saby Brown, William Bailey, John Hen-
derson, George McLa\Y, James Small, and their associates and suc-
cessors in office, be, and they are hereby, constituted a body politic.
Corporate Under the name and style of the Camden Independent Fire Engine
name. Company, No. 1, with a capital stock not exceeding ten thou.sand

Powers and (10,000) dollars, with the right to sue and be sued, to plead and

privileges. , • ^ ^ ■, • /-. r- ..... , ,

be impleaded, in any Court or competent jurisdiction ; to have and
use a common seal, and the same to alter at will; and with all
other rights, privileges and immunities that are now secured by law
to like incorporate bodies.

Sec. 2, That this Act shall be deemed a public Act and remain
in force fourteen years.

Approved March 17, 1874.

No. 610. AN ACT to Establish a Public Road in OeangebuPvG

County.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting iu
General Assembly, and by the authority of the same, That imme-
diately from and after the passage of this Act the County Commis-
County Com- siouers of Orangeburg County be, and they are hereby, empowered,

missioners to,.,, -ii -ii-"- i.

lay out public authorized and required to lay out, opeli and keep in repair a pub-
Line of same, lie road from the "New Bridge," across the North fork of Edisto
River, near Branchville, to a point intersecting with the " Binnicker's
Bridge Road," at or near Easterlin's Mill, in said County.
May require Sue, 2. That for the purpose of establishing said road the County

persons liaolo • r o

to road duty to Commissioners of said County shall have the right to order out all

■work on same. - . ° i i • i i

persons liable to road duty within the townships through which the
same shall pass to work upon said road not exceeding five days.

Approved March 17, 1874.

OF SOUTH CAROLINA. 699

AN ACT TO Amend Section 52 of Ciiai-tek XX of the Gene- ^- '*• '^"'•

KAL Statutes of Soi'tii CAiioi.rNA, .^I ■ ""7,

No. <Jll.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of" the St;itc of South CJiirolina, now met and sitting in
General Assembly, and by the authority of" the same, That Sec-
tion 52 of Chapter XX of the General Statutes be so amended as
to reac'. as follows: "That all sales of personal or real estate, or s.iic.^ i.y or-
other interest, hereafter ordered to be made by the Courts of Com- i,,"^' li'i a d e by
nion Pleas or Courts of Probate shall be made by the Sheriff of e„u'„iy' when-
the County in which said real or personal estate or other interest is uaiJ-X *
at the time said sale is ordered.: Provided, That sales of the personal Proviso,
property of estates, ordered by either of said Courts, shall be made
by the executor or administrator, as the case may be, of such estate,
unless for satisfactory reasons otherwise ordered by the Court."

Sec. 2. All Acts or parts of Acts inconsistent with this Act are
hereby repealed.

Approved March 17, 1874.

AN ACT to Amend Subdivision 3 of Section 2, Chapter No. 612.
LXXXV, Title II, Part II, of the General Statutes,
Relating to Title to Real Property by Descent."

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met aud sitting in General Assembly,
and by the authority of the same. That subdivision o of Section 2,
Chapter LXXXV, Title II, Part II, be amended by adding thereto
the words: "The children of a deceased brother or sister shall simn-s of dc-
take among them, respectively, the share which their respective ami sister,
ancestors would have been entitled to had they survived the in-
testate."

Approved March 17, 1874.

AN ACT to Repeal Section 2, Chapter XCIX, Title VII, No. [\\?k
of the General Statutes of South Carolina.

AVhereas Article XIV, Section 5, declares divorces i"rom the Preamble,
bonds of matrimony j-hall be allowed as shall be prescril)ed by law;
and whereas an Act to regulate the granting of divorces was ap-
proved January 21, 1872; and whereas an Act to approve, adopt
and make of force the General Statutes of South Carolina, pre-

700 STATUTES AT LARGE

A. D. 1874. pared under the direction and by the authority of the General
' Assembly, became a law February 10, 1872; and whereas grave

doubts exist as to the operation of Section 2, Chapter XCIX, Title
YII, of the General Statutes, in cases of divorce; therefore,

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

Provision of and by the authority of the same, That Section 2, Chapter XCIX,

utcsreiiitive to Title VII, of the General Statutes of South Carolina be, aud the

'1 i V o r c c s rc~

: .aicd. same is hereby, repealed.

Approved March 17, 1874.

Xo. 614. AX ACT to Regulate the Nujiber and Pay of Officers,
Attachees, Clerks and Laborers of the General Assem-
bly, AND TO Provide the Manner of Electing, Appoint-
iNo and Paying the Same.

Preamble. Whereas, in the interest of financial reform and good govern-

ment, an economical expenditure of the public moneys is essential;
and whereas a great reduction in the expenses of the General
Assembly is imperative, aud, to this end, it is our duty that the
number and pay of the clerks and attachees of the General Assem-
bly be limited by law, as pledged to the people in the platform of
the Republican party ; therefore,

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That on and
after the passage of this Act the Senate shall, immediately after
Clerk of Sen- assembling in regular session, proceed to the election of a Clerk of
nti salary. the Senate, whose salary shall be fixed by the Committee on
_ ,. „, , Finance of the Senate: Provided, That it shall not exceed that now

Rending Clerk

:ind Sergeant- paid ; one Reading Clerk, who shall receive six dollars per day ; one

:«t-Arms. eiee- ' ' . . f j f

tion and pay of. Sergeant-at-Arms, who shall receive six dollars per day.
President of Sec. 2. That it is hereby made the duly of the President of the

Senate to ap- • i /. "i c xr i p i -. in

point a t - Senate to appoint, before the nrst Monday after the Senate shall

r HP Haps

have met in regular session each year, the following: One Assistant
Clerk, who shall be recommended by the Clerk of the Senate, whose
duty shall be to assist the Clerk of the Senate in preparing the
Pay of same business of that body, and whose pay shall be fixed by the Commit-
tee on Finance; one Chief Messenger or Bill Clerk, who shall re-
ceive three (3) dollars per day; three Committee clerks, who shall
receive five (5) dollars per day each; two doorkeepers, who shall
each receive three (3) dollars per day; three laborers, who shall

OF SOUTH CAROLINA. 701

each rcci'ivo three (')) dollurs per <hiy ; and I'mir I)!i;4<'H, who .«li:ill '^' "• ''''^•

receive one dollar and lifly cents per day ca<h ; and the ahr)VC '

named chief messenger, doorkeepers, laborers and pages uhall

be under the control and supervision of tlie Sergeant-alArms of

the Senate, and it is hereby made their duty to obev all reas-onable Uuiiesofguch

1 1 1 I 1 • >^ /" 1 /!■ -UlUcbccs.

orders or coninuuid.s n)aile hy lum. Uiie porter lor tlie rjttiee ol
Clerk of the tSenate, to be under the direction of said Clerk, and to
receive three dollars per day.

Skc. 3. That on and after the passage of this Act, the House of
Ilepresentatives, immediately after assembling in regular session, ricrk of
shall i)roceed to the election of a Clerk of the House of Repre- and imy o*l'"*"
sentatives, \vhose salary shall be fixed by the Committee on Ways
and Means of the House of Representatives: Provided, It shall not RcadingClerk
exceed that now paid; one Reading Clerk, who shall receive six ut-Anns. t-ici-
dollars per day; one Sergeant-at-Arms, who shall receive six dollars
per day.

Sec. 4. That it is hereby made the dutv of the Speaker of the Speakbr to

TT r r, ■ • , 1 /■ " 1 /> »* 1 ,. a j> p o i n t at-

liouse 01 Representatives to appoint, before the nrst Monday alter tachees.
the House of Representatives shall have met in regular session each
year, the following: One Assistant Clerk, who shall be appijinted
on the recommendation of the Clerk of the House of Representa-
tives, whose duty it shall be to assist the Clerk of the House of
Representatives in preparing the business of that body, and whose
pay shall be fixed by the Committee on Ways and Means of the Pny of samo
House of Representatives J one Journal Clerk, who shall receive
one thousand dollars per annum and shall be appointed on the
recommendation of the Clerk of the House ; one Assistant Sergeant-
at-Arms, who shall receive five (5) dollars per day; one Chief Mes-
senger or Bill Clerk, who shall receive five (5) dollars per day; six
Committee clerks, who shall receive five (5) dollars per day each;
three doorkeepers, who shall receive three (3) dollars per day
each; three messengers and four laborers, who shall receive three
(3) dollars per day each: and four pages, who shall receive one
dollar and fifty cents (SI. 50) per day each ; one mail carrier, who
shall receive three (3) dollars per day; and the above named
Assistant Sergeant-at-Arms, Chief Messenger, janitor, doorkeepers,
messengers, laborers and pages shall be under the control and super-
vision of the Sergeant-at-Arms of the House of Representatives,
and it is hereby made their duty to obey all reasonable orders or Duticsofsach
commaixis made hy iiiiu. liio Comnuttee clerks, as liereinl)elore

provided by this Section, shall serve lor the followinir Committees: I>iitio.'!of C«m-

' , iiuttce clerks.

One for the Committees on Claims and Ivaihuaiis, one for the Com-
mittees of Ways and Means and Education, and one for the Com-
mittees on Judiciary and Roads, Bridges and Ferries, and shall be

702 STATUTES AT LARGE

A. D. 1S74. under the direction of the Chairman of the respective Coniraittees
to which they are assigned : Provided, That not more than two of
the appointees herein j)rovided for bhall be appointed for one
County.

Secretary of Sec. 5, That it shall be the' duty of the Secretary of State to
))oint Eiiftross- appoint six engrossing or enrolling clerks, whose duty it shall be to
properly engross and enroll, without delay, all Bills, Acts or resolu-
tions of the General Assembly, under the supervision and direction

Pay of same, of the Secretary of State, and who shall receive for such services
six (6) dollars per day each; also, one porter, who shall receive
three (3) dollars per day.

Attorney Sec, 6. That it shall be the duty of the Attorney General to

General to ap- . i " i i i i i n i

point attorneys appomt two attorneys at law and two clerks, whose duty shall he

to properly prepare, without delay, all Bills, resolutions and other

matter for the use of the General Assembly, under the supervision

Pay of same. .^^^ direction of the Attorney General, and who shall receive for

such service six (6) dollars per day each.
In case of Sec. 7. That if at any time the General Assembly shall take a

recess beyond - •'

ten days, to re- recess for more than ten days, no attachee of the General Assembly

ceive no pay. . .

shall be entitled to pay during such recess.
Number of Sec, 8. That hereafter the number of attachees as provided for

attaebees not. . T--n

to be increased, m this Act shall never be increased except by Act or Joint Keso-

lutiou.
• List of at- Sec. 9. That it shall be the duty of the President of the Senate,

tflchlCCS to l)G "

f u rnished Speaker of the House of Representativ.es, Secretary of State and
surer. Attorney General to furnish to the Clerks of the two branches of

the General Assembly the names of the clerks, attorneys, Sergeant-
at-Arms, doorkeepers, messengers, laborers, pages or other
attachees, as provided by this Act, either elected or appointed;
and the aforesaid Clerks of the two branches of the General Assem-
bly shall furnish the State Treasurer a properly-attested list of the
same.
Certificates gEC. 10. That for the payment of such attachees as provided for

of attachees. by _ * - ^

whom signed, in this Act, the President of the Senate and Speaker of the House
of Representatives, respectively, shall furnish pay certificates for the
amount due to each attachee by that branch of the General Assem-
bly by which said attachee shall be employed, duly signed by them,
and the signature of such presiding officer, respectively, properly
attested to by the Clerk of such branch of the General Assembly:
Provided, hoicever. That the pay certificates for services rendered
common to the two houses by the attachees of the offices of the
Secretary of State and Attorney General shall be signed conjointly
by the presiding officers, and their signatures properly attested to
by the Clerks of the two houses and certified to b}' the Secretary

OF SOUTH CAROLINA. 703

of State and the Attorney General for tin; attaohees of each office, ^- '*• ^'^*-
respectively; iiiid in makiiiL; apinDpriaiidiis for the payment of sub- "^ >^~^
ordinate otficcrs and Hltai-lice.s, as provided for in this Act, whether
ek'ctud or apjiointcd, the name of every such subordinate officer, Xhiuch of
attachee, clerk, messenger, page, doorkeeper, attorney, &c., &c., as ;ip|,<Mr in .ip-
provided for in this Act, with the amount due to each and every i'jniV"^*"
one, shall appear in full in the Bill; and the State Treasurer is Tri-nxurcr to

psy only those

iicreby prohibited from paying, after the passage of this Act, any i-c. nmned in
pay certificate of such attachee, aa herein provided for, unless the
same be issued in conformity with the provisions herein contained.

Sec. 11. That any person holding or exercising the duties of any onrice holders
other office shall not be cligil)le to appointment or election under dent.t of Staio
this Act; and no person shall be eligible to election or appointment
under this Act who is not a permanent resident of the State.

Sec. 12. That all Acts or parts of Acts, Resolutions' or parts of
Resolutions, inconsistent to or conflicting with the provisions of this
Act be, and the same are hereby, repealed.

Approved March 17, 1874.

not eliKible.

AN ACT TO Repeal a Joint Resolution Entitled "A Joint No. 615.
Resolution to Require the Governor to Communicate
WITH THE Proper Authorities of Georgia, with a View
to the Readjustment of the Boundary Line Between the
State.s of Georgia and South Carolina, and Authorizing
THE Appointment of Three Commissioners."

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That the Joint Resolution euti- .L.int Roso-

1 1 ,, » T • i» 1 • • I /-I • lutiim rolniivo

tied A Joint Resolution to require the Governor to communicate to ix.mniiiry
with the proper authorities of the State of Georgia with a view to «;,-..rBii»' and

1- . . I- .1 1 1 1- 1 . .1 i_«. . !• r^ • South C.irolin:*

a readjustment or the boundary line between the htates oi (.leorgia repoalcd.
and South Carolina, and authorizing the appointment of three Com-
missioners," approved January 8, 1872, be, and the same is hereby,
repealed.

Api)roved March 17, 1S74.

704 STATUTES AT LARGE

A. D. 1874. AN ACT TO Punish Persons for Ill-Treating Children,

.T" '7^ Apprentices, Idiots, SEKVANTy and Helpless Persons.

No. 616.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
Persons ill- General Assembly, and by the authority of the same, That whoso-
ren! '"ervants. ever, being legally liable, either as parent, guardian, master or
pu'iity of' a mistress, to provide for any child or children, apprentice or servant,
mis emeanor. j^ij^^j. ^j, j^gipiggg person, necessary food, clothing or lodging, shall
willfully and without lawful excuse refuse or neglect to provide the
same, or shall unlawfully and maliciously do, or cause to be done,
any bodily harm to any such child or children, apprentice, servant,
idiot or helpless person, so that the life of such child or children,
apprentice, servant, idiot or helpless person shall be endangered, or
the health or comfort of such child or children, apprentice, servant,
idiot or helpless person shall have been, or likely to be, permanently
injured, shall be deemed guilty of a misdemeanor, and, upon con-
viction thereof, shall be liable to a fine of not less than two hundred
dollars nor more than one thousand dollars, or be imprisoned for
any term not exceeding two years, with or without hard labor, one
or both, at the discretion of the Court.

Sec. 2. That all Acts or parts of Acts inconsistent with this Act
be, and the same are hereby, repealed. ^

Approved March 17, 1874.

No. 617. AN ACT to Amend an Act Entitled "An Act to Provide
FOR the Administration of Derelict Estates."

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same, That the words "and such Clerk

Acttorirovi<ic shall give bond, with two sureties, for the faithful discharge of his

for adrainitstra- ,. ii--... t . iiu • ^ e

tion of derelict duty as such administrator, in such amount as would be required ot
ed. '^^ '""*^" ' any other administrator," in Section 1 of the Act, be stricken out
and the following be substituted: "And the Clerk shall be held
liable, on his official bond, for the faithful discharge of his duties as
such administrator;" also, that all of Section 3 of same Act be
stricken out.

Approved March 17, 1874.

OF SOUTH CAROLINA. 705

AN ACT TO Regulate tiii; Skrvice or Li;(;ai, Pkocess Upon ^- ^- '''"'•

RaIMIOAI) AM) ExrUESS COMI'ANIEB. ^^I ' 'TT^,

No. 018.
Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That on and
after the passage of this Act the service of any legal process up<)n any Lt-Kal powcre

. n -1 1 • 1 • ., 1- . /. »i • uix'n railroad

agent or any railroad or express company withiu the limits of this mwi express
State shall be taken and held to be a valid service upon such corpo- how'serv".!.'''''
rations.

Sec. 2. All Acts or parts of Acts, Resolutions and parts of
Resolutions, inconsistent or conflicting with this Act be, and the
same are hereby, repealed.

Approved March 17, 1874.

AN ACT TO Regulate the Times of Holding the Courts No. 619.
OF Geneual Sessions and Common Pleas in the Fourth
Circuit.

(1.) The Court of General Sessions at Chesterfield, for the Time of

/-I /• /-ii f. 1 1 1 /> Tir 1 . T »r 1 holding Courts

County or Chesterfield, on the first Monday in January, May and in Chesterfield
September; in January and September to continue lor two weeks, it
so long be necessary, and in May one week. The Court of Com-
mon Pleas at Chesterfield, for the County of Chesterfield, on the
Wednesday after the opening of the Court of Sessions on the first
Monday in January, May and September.

(2.) The Court of General Sessions at Bennettsvillc, for the Muriiwro

County of Marlboro, on the third Monday in January, second """ ''
Monday in May and third Monday in September; to continue for
two weeks in January and September, if so long be necessary, and
one week in May. And the Court of Common Pleas at Bennetta-
ville, for the County of Marlboro, on the first Wednesday after the
third Monday in January and September, and first Wednesday
after the second Monday in May.

(3.) The Court of General Sessions at Darlington, for the County Darlington
of Darlington, on the first ^londay in February, the third Monday '^"" *•
in May and first Monday in October; to continue for four weeks,
if so long be necessary, in February and October, and one week in
May. The Court of Common Pleas to be holdeu at Darlington,

706 STATUTES AT LARGE

A. D. 1874. for the County of Darlington, on the first Wednesday after the
'' first Monday in Februar}', third Monday in May and first Monday

in October.
Marion (4.) The Court of General Sessions at Marion, for the County of

County. Ti/r •

Marion, on the second Monday of March, fourth Monday in May
and second Monday in November; to continue for four weeks, if
so long be necessary, in March and November, and one week in
May. The Court of Common Pleas to be holden at Marion, for
the County of Marion, on the first Wednesday after the second
Monday in March, fourth Monday iu May and second Monday in
November.
Horry County. (q.) The Court of General Sessions at Conwayboro, for the
County of Horry, on the first jMonday in March, August and
November; to continue for one week at each term. The Court of
Common Pleas to be holden at Conwayboro, for the County of
Horry, on the first Wednesday after the first Monday in jNIarch,
August and November.

Sec. 2. That for the Spring and Fall Terms of the Courts in
Darlington and Marion County, the Board of Jury Ccjmmissioners
for the Counties, respectively, shall draw two sets of Common
Pleas and petit jurors, each set to serve two weeks.

Sec. 3. That all Acts or parts of Acts inconsistent with this Act
be, and the same are hereby, repealed.

Approved March 17, 1874.

No. 620. AN ACT to Ixcorporate the Town of Easley, in the

County of Pickens.

Section 1. Be it enrxded by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That from
Town of Easley and after the passagre of this Act all citizens of this State who have

inc irporated. . °

resided thirty days in the town of Easley shall be deemed, and are
hereby declared to be, a body politic and corporate; and the said
town shall be called and known by the name of Easley, and its
Corporate Corporate limits shall extend one-half mile from the depot of the
Atlanta and Richmond Air Line Railway Company in a direction
due North, South, East and West, and shall include a square
formed upon the extremities of lines so drawn.
Officers. Sec. 2. That said town shall be governed by an Intendant and

four Wardens, who shall be citizens of the United States, and shall
have been residents of the said town for sixty days immediately
preceding their election, and who shall be elected by the qualified

OF SOUTH CAROLINA. 707

voters of the said town on tlie third Moiuhiy in April next, and A. I). 1^74.

every year thereafter on the third iMon(hiy in Ai»ril. ten <hivs' nub- ' '

,. . , ,. , . , . -^ , , ,. . . El..-c-ti..n.tiine

lie notice thereoi being previously given; and that all the male of h'j'd''"K-

inhabitants of the age of twenty-one years, citizens of this iState, who

shall have resided in said town for sixty days immediately preceding

the election, shall be entitled to vote for the said Intendant and

Wardens. For the purpose of holding the first election under this . Clerk of

Act, the Clerk of the Court of Common Pleas of Pickens Countv i"'inf Mana-

shall designate tliree suitable persons, citizens or said town, to act tion.

as Managers of the election, and that the Intendant and Wardens

for the time being shall, annually, appoint Managers to conduct

each ensuing election.

Sec. 3. That the said corporation shall have the same powers and Provisions of
privileges, and be subject in every respect to the provisions, of the or"N^nety-*sIx
charter granted to the town of Ninety-Six by an Act entitled "An e-JI " '' * *"
Act to incorporate the town of Ninety-Six," approved March loth,
1872.

Sec. 4. This Act shall be deemed a public Act and continue iu
force until repealed.

Approved March 17, 1874.

ey.

AN ACT TO Regulate the Public Printing. No. G2J.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That it shall
be the duty of the Clerk of the Senate and the Clerk of the House, cicrks of
immediately after the passage of this Act, and thereafter on the first "nVte \o ad-
day of December of every second year, to advertise, for ten days, p'<[s a^u"^ ''for
iu the daily papers of Charleston and Columbia, for sealed pro- i'"nting.
posals for executing, for the term of two years, the permanent and
current printing of the General Assembly, as follows: One hundred Munncr of
copies per day of the Senate Calendar; two hundred copies per iTcrformca.
day of the House Calendar; one hundred copies per day of the
Senate Journal; two hundred and fifty copies per day of the
House Journal; one hundred copies of Senate Bills and Joint
Resolutions; two hundred copies of House Bills and Joint Resolu-
tions; fifteen hundred copies of the Governor's Messages; five
hundred copies, each, of the reports of the Treasurer, Attorney
General, Secretary of State, Comptroller General, Adjutant and
Injector General, Superintendent of Education; five hundred

708 STATUTES AT LARGE

A. D. 1S74. copies, each, of the reports of the various public institution.-^, such
as Penitentiary, Lunatic Asylum, State Orphan House, &c., &c.;
two thousand five hundred copies of the Acts and Joint Resolutions;
live hundred copies of the Journals of the House and Senate; five
hundred copies of the Reports and Resolutions; five hundred copies
of the Supreme Court Decisions, with the exclusive right to the State
Printer to print and sell as many additional copies as he may deem
fit, together with such other printing of every kind as may be
ordered by the General Assembly, or either branch thereof, and
also the printing required for the executive and other departments
of State for and during the said term of two years.
Proposals, gEc. 2. The said proposals shall state at what price per page the
tain. party making the proposals will print the number of copies herein

required of each of the said documents and papers, and also
provide all the materials therefor, fold, stitch and trim the same ;
at what price per page the party will furnish each additional hun-
dred copies of any such documents or papers that may be ordered ;
and at what price per volume the party will bind, in law calf, the
Supreme Court Decisions and two hundred copies, each, of the
Acts and Joint Resolutions, Journals and Reports and Resolutions.
Proposals to Sec. 3. Such sealed proposals shall, in every instance, be accom-

be aecoiiipa- _ ^ ' > j »

uiedby bond, panied by a bond, in the sum of thirty-five thousand dollars, signed

by the party or parties making the proposals, with two or more

responsible persons as securities, conditioned, should the proposals

be accepted, for the faithful performance of the work in accordance

with the bid contained in the proposals; and no sealed proposals

shall be considered unless accompanied with such bond and an

agreement, in writing, to make no discrimination on account of

race or color in the employment of printers.

on PrimTn'^of ^^^' '^' '^^^^ ^^^ ^^'^ proposals shall be addressed, one copy

^60016^*10 'Ve- ^^'"f*^^'^'^^^^'' ^° ^^® Chairman of the Committee on Printing of

ecive propo- the House of Representatives and one copy to the Chairman of

sals, and award '^ ' •'

contract to the Committee on Printing of the Senate; and within ten days

lowest bidder. . _ ° ' •'

after the meeting of the General Assembly, they shall open, in
the presence of their respective Committees jointly, such proposals
Proviso. by them received and award the contract to the lowest responsible
bidder for the same: Provided, That no contract be awarded to
exceed the sum of fifty thousand dollars for the j^rinting of any
one year.

Sec. 5. That all Acts or parts of Acts, and all Joint Resolutions
or parts of Joint Resolutions, inconsistent with this Act be, and the
same are hereby, repealed.

Approved March 17, 187-1.

OF SOUTH CAROLINA. 700

No. 622.

AN ACT TO Amkni) an Act IOntitm:!^ "An Act to Makk a. d. 1874.
ArpROPiiiATioN TO Mkkt thk Oki)INaj{Y Expknhivs of the
Static Govkknmknt for thio Fiscal Ykar Commencing

NOVEMBKU 1, ISTo," Ari'KOVKI) Makcii II, ]>^~ \.

Be it enacted by the Senate and House of Rei)re8entatives of the
State of South Carolina, now met and sittiiij; in General Assembly,
and by the authority of the same, That subdivision six of Seetion
three (3) of an Act entitled "An Act to make appropriation to Section .1 of

Act to fn n k ( '

meet the ordinary expenses of the State govern racnt for the fiscal apiiroiirixiiuii
year commencing November 1, 1JS73," approved March {>, 1874, be, i-xi.cd8u» oY
and the same is hereby, amended so as to read as follows: "If the inent aincode'd
proceeds of the tax levied for the payment of the expenses of the
General Assembly shall be insutiicieat to pay in full the appropria-
tions herein made, the State Treasurer is directed, after paying the stato Treu>-
salaries and mileage of the members, to pay the salaries and per tadietsofoi'i,'
diem of the officers, engrossing clerks. Solicitors, and then the em- „ f'te /I'a'yiii^-
plo}'ees of the General Assembly, prior to any claim for contingent '"^■"' ''-■'■='■
or incidental expenses whatsoever, and to divide the remainder be-
tween the House and Senate orders, and then, in case there is a defi- Inca^cofti--

, . . 7 /• 1 • 1 • 1 ■ ficiciicy, i-eitii-

cienev in the appropriations made tor legislative ex|)ensesand print- icates <>f in-
ing in said Act, the otate ireasurer is hereby authorized and directed be issued.
to issue certificates of indebtedness to the amount of said deficiencies
for the i)ayment thereof, to be redeemed out of the taxes collected for
the fiscal year commencing November 1, 1874, as provided for in an
Act entitled "An Act to raise supplies lur the fiscal year com-
mencing November 1, 1873, and to alter ami amend the law in rela-
tion to the collection of taxes," approved December 22, 1873.

Approved March 17, 1874.

AN ACT to Ixcouporate the Aiken County Manufacturing No. 623.

Company.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That Delevan
Yates, Henry Hahn, John McRay, C. D. Hayne and S. J. I^ee, Corporators,
and such other persons as may become associated with them, and
their successors, are hereby made and deciareil a body politic and Corporfttr
corporate in law, under the name ami style of the Aiken County °'""®'

710 STATUTES AT LARGE

A. D 1871. Manufacturing Company, for the j)Uipose of s{)inn'mg and nianu-

Obiects uf ^'^^'turing cotton au(i woolen fabrics, at such locality in Aiken

lorporiitioii. County as said corporali(jn may select, with a capital stock of one

hundred and fifty thousand dollars, to be divided into one thousand

five hundred shares of one hundred dollars each.

Sec. 2. That the corporators herein named shall be permitted to

<i b^.^^"°''^ "'"open books of subscription to the capital stock of said company at

such times and places as they may deem fit, and may appoint

suitable persons to receive subscriptions to the same; and whenever

the sum of ten per cent, shall have been paid in to said capital

Certificate stock, the Said Corporators, or any two of them, shall file in the

to be filed in ^ i n p i o i • /t> i • i

Secretary of othce 01 the Secretary of the State their affidavit that such amount

Stjite's office. , , , ^ , . , . , , , , ,

has been bona jide paid in, and thereupon tiie persons who have

* subscribed to the stock of said company shall have three weeks'

public notice, by advertisement in one or more newspapers of this

State, of the amount of capital subscribed, and of the time and

Meeting for place whcu and where such stockholders shall meet to organize said

urgramziition. *^ ^

company.

Sec. 3. That said company shall, at said meeting, be organized
Election of by the election of a President, Vice President and such number

otnoers. "^ .

of Directors and other officers for such term as the stockholders
present may decide upon then, or at any time thereafter, and
that annually thereafter the President and Directors, so elected,
shall call together the stockholders for the purpose of electing
officers of the corporation, and for the purpose of transacting such
business relating to the interests of the company as they may deem
fit; and at such meeting any member of said corporation will be
Manner "fallowed One vote for every share owned, and to cast a vote by

voting. -^ •'

proxy.

Sec. 4. That said company, when organized as herein provided,

(Jencr.il may establish by-laws for the usage and government of the ccra-

IMiwers. ' 1 1 »> 1 ■ r. 1 1

pany not repugnant to the laws of this State; may purchase and
hold such real estate as may be necessary for their purpose and
may transfer the same; may sue and be sued, plead and be im-
pleaded, in the Courts of this State; may have and use a corporate
seal, and may enjoy all the rights, privileges and immunities of
similar bodies corporate in this State. They shajl also enjity such
special privileges and immunities as are now, or hereafter may be,
conferred by law on .similar manufacturing companies within this
State.
When may Sec. 5. That whenever the said ten per cent, shall be paid into

•■■omniencebii.-;- , . , ^ r> • i • i ii i i • i ^

ines?. the capital stock of said company it shall be authorized to corn-

Liability of mence business as a manufacturing company under this charter.
Each stockholder shall be liable to the amount equal to his stock

OF SOUTH CAROLINA. 711

for tlie debts of saiil ciiiiiimiiy uctoi'liii;; to tlu; miml)er of shares •^- ''• '**''^-
held in siiid corporation.

Skc. 0. Tlii.s Act ,sli:ill he taken and dct-med a jjiiblie Act, and
to rniiain in force for a term ol' thiity years.

Approved March 17, 1874.

AN ACT TO AuTHORi/i; niio Coknty Commissioners of Horry No. 624.
County to Levy and Collect an Additional Tax.

Section' 1. Be it enacted hy the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That the
County Commissioners of Horry County be, and they are hereby,
authorized and required to cause to be levied and collected a special
tax of two (2) mills upon the dollar ou all the taxable property of Two mil! ux

1 • 1 /^ 11 1 1 • 1 /.I for past irnlcbt-

the said County, to be devoted exclusively to the payment of the ednc^s.
past due indebtedness of the said County, and to be levied and col-
lected anuuall}'^ in the same manner and at the same time that
other taxes are levied and collected, for the two fiscal vears imine-
fliately succeeding the passage of this Act.

Sec. 2. That all persons holding claims against said County be, ciaim> to bl-
and they are hereby, required to file a list of such claims in the be^paidTi! war^
office of the County Commissioners of said County on or before the [;,'"' niTmnt'"^"
first day of November 1874, the said claims so filed to be paid by
the County Treasurer of said County out of the proceeds arising
from the aforesaid tax, on the warrants of the County Commission-
ers of said County, said warrants to be paid in two equal annual
instaUments.

Approved March 17, 1874.

AN ACT TO Incorporate the Grand Lodce of the Inde- Xo. H25.
PENDENT Order of Good Templars of South Carolina.

Section 1. Be it enacted by the Senate ami House of Represent-
atives of the State of South Carolina, now met and sitting in Gene-
ral As-^embly, and by the authority of the same. That A. Kal- ConMinuors.
Strom, Rev. H. M. Mood, Rev. J. M. Carlisle, Rev. J. S. Connor,
F. A. Tradewell, George W. Irwin, and their associates and suc-
cessors, be, and they are lusreby, tleclared a body corporate and
politic, by the name and title of the Grand Lodge of thr Iiidei)eiid- Cori<..inti
ent Order of Good Templars of South Carolina, and thai liuy have

712 STATUTES AT LARGE

A. D. 1874. power, by their corporate name and style, to sue and he sned, to
^ ^ , plead and 1)6 impleaded, in the Courts of this State: and shall be

Powers ami i i ' »

privileges. enabled and empowered in law to purcliase, have, hold, enjoy and
possess chattels, lands, tenements or real estate, of what kind or
nature soever, and the same, or any part thereof, to sell, alien or
convey at their will and pleasure: Provided, That the property so
held shall not exceed the annual value of sixty thousand dollars.
And the said corporation shall have power to make and have i\
common seal, with power to change the same at any time; and .^hall
have power to make their own constitution and by-laws, not incon-
sistent with the laws of the land.

Sec. 2. That this Act shall be deemed a public Act and shall
continue in force until repealed.

Approved March 17, 1874.

No. 62G. AN ACT Supplementary to Chapter XV, Title IV, Part I,
OF THE General Statutes of South Carolina, Relating
TO the Militia, and for the Better Organization and
Government of the Same.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now naet and sitting in
General Assembly, and by the authority of the same, That there
Adjutant and shall be an Adjutant and Inspector General elected by the qualified

In.spector (ien- , '

erai, election of electors of this State, on the first Tuesday following the first Mon- .
day in November, A. D. 1874, and the same day in every second
year thereafter.
Vac'incy in Sec. 2. That in the event of a vacancy occurring in the office of

snid oflice, how . /-.

filled. Adjutant and Inspector General, whether from death, resignation,

disqualification or other cause, the Governor shall have full power to
appoint some suitable person, who, on being duly qualified accord-
ing to law, shall be entitled to enter upon and hold the office for
the iine.xi)ired term of the former incumbent, and shall be subject
Duties and to all the duties and liabilities incident to his office, and receive the

liabilities.

sanie compensation as provided by law for the Adjutant and In-
Proviso. spector General during his term of service: Provided, That no such
unexpired term for which an appointment is made shall exceed one
year; and if it shall exceed one year, the Governor shall order a
special election to fill such vacancy.
Militia— Sec. 3. That the militia enrolled under the provisions of Chap-

wuGn su DiGct to

active duty. ter XV, Title IV, Part I, of the General Statutes of South Caro-
lina shall not be subject to active duty except in case of a war or
for the purpose of preventing, repelling or suppressing invasion,

OF SOUTH CAUOLINA. 713

insurrection or riot, or nC aiding civil odicrrs in the execution of tlie •'^- "• '''^^•
liiw.-, in which cases the Coiniu:in(lcr-in-('hicr shall onlor out for "^ '^
actual service, hy draft or otherwise, an many of the militia as
necessity deniaiul.-'.

Sec. 4. Any person who is ordered out as aforesaid, or volun-
teers, and fails to appear at the time and place designated for his I'-naiiy for

. , , , , 1 . •• , failure lo re-

reportnig for (luty, or who has not some able-bodied and proper i-ti f-rJuty-
suh.stitute at such time and place, or does not pay to the Countv
Treasurer, for the use of the State, the sum of fifty (50) dollars,
within twenty-four hours from such time, shall be taken to be a
soldier absent without leave, and shall be dealt with accordingly,
unless a satisfactory excuse can be giveo.

Sec. 5. When the militia are ordered out or have volunteered
for, and while they are in, actual service, as heretofore specified, MiiiMa—

they shall be organized by the Commander-in-Chief into compa- '*^" "'''^"
iiies, regiments, brigades and divisions, and proper officers ap-
pointed therefor. They shall be subject to the same rules and Towhatruies
articles of war as troops of the United States, and during their ^"'■'^'^
term of service be entitled to the same pay, rations and allow-
ances f(tr clothing as are or may be established by law for the
army of the United States.

Seo. 6. The acti're militia shall be composed of volunteers, and of whatcom-
shall constitute part of the enrolled militia, and shall be subject to '*****' '
all the laws of the State and the United States relative to the en-
rolled uulitia. They shall be known as the National Guard of the Name of.
State of South Carolina. In case of war, or for repelling, prevent- When may
jug or suppressing invasion, insurrection, or for aiding civil officers imo service.
in the executiozi of the law, they shall be ordered first into ser-
vice.

Sec. 7. The Commander-in-Chief shall arrange the National llow to be

G,. .... !■] • II 1- 1 I arrangrcJ.

uard into divisions, brigades, regiments and battalions, and make

such alterations thereof as may, from time to time, be necessary.
Each of the said organizations shall be numbered, and each com-
pany lettered a.s is necessary to secure uniformity, a record thereof
being made in the office of the Adjutant and Inspector General.
Companies of cavalry and artillery inconveuiently located for such
organization may be attached to such brigades or divisions as the
Commander-in-Chief shall order.

Sec. 8. Whenever a petition for raising a viduntecr company has retitum r<>r

, • 1 I 11-11 II i" orKni>i«i«lion.

been signed by not less than eighty-three men, and tlie order ac-
cepting the company has been issued by the Commander-in-Chief,
the members thereof shall then sign an enlistment roll, issued from
the office of the Adjutant and Inspector (Jeneral, and shall take
and subscribe the following oath, to be administered by tlie muster-

714 STATUTES AT LARGE

A. D. 1874. jijg officer, who is liereby vested witli tlie power and autliority to

«7^ T ^b- '^^ ^"' "^ ^*^ solemnly swear (or affirm) that I will support and

a.iuiinistcrid. defend the United States and the State of South Carolina against

all their enemies and opposers, and that I will do my utnujst to

support the Constitution and laws of the United States and of the

State of South Carolina against all violence of whatever kind and

de.scriptif)n ; and I further .swear that I will execute and obey the

orders of all officers placed over me. So help me God."

Companic.-— Sec. 9. No couipanv can be mu.stered in uj)les? at lea.-^t eighty-

of how many to 'i- i i • /-, • . i

consist. three men have been enlisted therein. Companies now in the service

Companies of the State shall at once reorganize under the provisions of this

now in service . ■ , , . . ,. n i i •

to be re.jrgan- Act, by the members Signing proper enlistment rolls and being jnus-
tered into the service of the State as a part of the National Guard ;
and for the purpose of such reorganization, sixty men shall be
considered the minimum. Such companies not reorganizing as
herein provided on or before the first day of January, A. D. 1875,
shall be disbanded, and the commanding officer of the regiment to
which any such company may be attached is hereby authorized and
required to take possession of all arms, accoutrements or other
military property belonging to the State in the possession of such
company; and any member thereof who shall refuse or neglect to
deliver the same shall be deemed guilty of a misdemeanor, and,
upon conviction, shall be punished by fine not exceeding one hun-
dred dollars nor less than ten dollars, or by imprisonment cot ex-
ceeding thirty days. And the said property, wherever found, may
be taken possession of by the commanding officer of such regiment,
or by any officer or soldier acting under his orders: Provided, The
Who may General commanding the division to which company or companies

thereof. may be attached shall have power to extend the time for the re-

organization herein required upou the recommendation of the regi-
mental commander.
Mu»ter rolls Sec. 10. Muster-in rolls shall be made in triplicate, one of which

fjte. shall be retained at the headquarters of the regiment. The origi-

nal shall be forwarded to the office of the Adjutant and Inspector
General within ten days from any muster of men, and one roll
shall be retained by the company commander.
OfiBcers and Sec. 11. All officers and privates of the National Guard shall

{lela^oservice* be held to service in their several companies, battalions, regiments,
brigades and divisions for three years, unless sooner discharged.
Who may Sec. 12. No officer inferior in grade to regimental commanders

charges. shall have power to grant discharges to noncommissioned officers

and privates. Discharges shall be given in writing, setting forth
fully the cause of the discharge, and signed by the officer granting
the same : Provided, That no member of any company shall be

OF SOUTH CAROLINA 71."»

discharged from service until \\r has (ilitainefl the certificate of the A- '*• '*^'-
coriiiniiiuling officer of his compuny that he has turned over, or sat-
isfiiclorily accounted for, all property i.s.sued and charged to liini.

Sj:c. 13. Any officer desiring to resign his coininission and he di«- ir,,w .li,.
charged from the service shall express his desire in writing, and oi/um'u^.l".'"'
transmit the same to the Commander-in-Chief immediately, ihnjugh
and hy all intermediate commanders, who will endorse thereon their
recoiMinotidation in the case, and the resignation shall go into effect
when ac('ept(Ml hy the Commander-in-Chief, and not before; hut no
officer shall he permitted to resign his commission while under
arrest, nor until he has accounted for and deliverei] to the proper
officer all money, records, arms, accoutrements and other military
property belonging to the State in his possession.

Sec. 14. ICach regularly organized company of the National (»r-Mni/...)
Guard shall be furnished by the State with such arms and equip- iiow t.. i.l- fur

, ", . . . . „ , , ni.xhed w i t h

ments as are required, upon tlie written requisition oi the command- «quipmcnrs.
ing officers of such companies respectively, approved by the regi-
mental commander. And the arms and equipments so furnished,
together with all other military property which may be furnished ArtiL-i..- fur-
to any organization of the National Guard, shall remain and con- nr^in |.r.!i.(.-ny
tinue to be the property of the State, to be used for military pur- " ' \
poses onl)', and to be returned whenever called for by proper
authority; or if the same is willfully or negligently wasted or de-
stroyed by an officer or company, the Comraan<ler-in-Chief may,
upon satisfactory evidence to that effect, dishonorably discharge the
officer and disband the company.

Sec. 15. Any officer who shall receive, according to the pruvi- Duties oi
sions or tins Act, any arms, equipments or other military ])r()perty in^arms, Ac
from the State shall distribute the same to his command as he shall
deem proper, taking vouchers therefor; and he shall require those
to whom they are distributed to return them at such time and place
as he shall order and direct; and every ofHcer, non-commissioned
officer and private of any company of the National Guard to whom
any arms, ecjuipments or other military property shall be so di'liv-
ered shall be held f)ersonally responsible for its care, safe keeping
and return. He shall use tlie same for inilitary drills, parades and
musters only; and uj^on receiving a discharge, or otherwise leaving
the military service, or upon the demand of his commanding olliccr,
he shall forthwith surrender and deliver up the said arms and equip-
ments, together with all other military property that may he in his
possession, to the said commanding officer, in as gootl order and
condition as the same were at the time he received them, reasonuble
use and or<linary wear thereof excelled.

7It> STATUTES AT LARGE

A. D. 1ST4. gE(^._ !(;_ Any officer, noncoininiasioucd officer or private who

n^'^r^^ shall, contrary to the lawful order of the proper officer, retain in

reriininiTorin- his possession or Control any arms, equipments or other article of

jurintr iiiilitiiry _ _ ' j > i i

property. military property belon<,'ing to the State, or who :*hall willfully or

maliciously destroy or injure any such property, or who shall, when
not on dut}', use or wear any such prof)erty without ixjrraisr'ion of
his commanding officer, shall be tried by court martial and pun-
ished as hereinafter provided. And all other persons who shall,
either willfully or nialiciously, destroy or injure, or purchase, retain
or have in custody or possession, without right, any such military
property belonging to the State, and shall, after demand, refuse to
deliver the same to any officer entitled to take possession thereof,
shall be deemed guilty of a misdemeanor, and, upon conviction,
shall be punished by a fine double the amount of the value of such
military property so injured, destroyed, purchased or retained, or
by imprisonment in the County jail for two days for every dollar
of such fine; and such fine shall be paid into the military fund of
the regiment to which such property belonged. Any commanding
officer may take possession of such military property wherever the
same may be found.
Liability of Sec. 17. Any officer receiving public property f<>r military use

itiiry'^property. sball be accountable for the articles so received by him, and shall
not be discharged or allowed to resign from the service until he has
returned to the Adjutant and Inspector General a receipt from his
successor in command, or a proper accounting officer, for the arti-
cles issued to him in good order and condition, or shown to the
Adjutant and Inspector General, by satisfactory proof, that any
article not so accounted has been properly expended in the service,
or injured, lost or destroyed without any default or neglect on his
part; and, if lost or willfully injured or destroyed through the mis-
conduct of any person, that reasonable efforts have been made by
him to recover or prosecute for the same; and, in addition, he shall
be liable to make good to the State all such property so injured,
lost or destroyed by any neglect or default on his part, and for the
recovery of which he has n)ade no reasonable efiort.
Company Sec. 18. Commanders of companies shall cause their companies
to parade not less than once in each year; in addition to such
parades, they shall order company drills at least once in each
RcKiincntni, month. Regimental, brigade and division commanders may order

brisade and di- , . . , ,• i /» i

vision parades, out their respective commands, or any part of them, for parade,
drill, review or inspection at such times and places as they may
deem most convenient. The Commander-in-Chief may order re-
views or encampments of such portions of the militia at such times
and places as he shall deem proper.

OF SOUTH CAROLINA. 717

Sec. li). No ofluiT, nDti-coniinissioned ofHcer or j)rivalf; shall ^- "• '**^'-
fail in repairiiijj at the time lixeil to the piiicf of punide, drill or p^nHity for
other rendezvous appointed by his coinniauding otllcer, if not pre- "j^j;|;|^.g //""*
vented by sickness or some other evident necessity, or j-liall go
irom the said jdace of rendtzvous, without leave from his com-
manding officer, before he shall be regularly dismissed or relieved,
on the penalty of being punished, according to the nature of his
offense, by the sentence of a court mnrtial.

Sec. 20. The commandii)<r officer at any parade or drill niav Diitic-oroflri-
° ' ,•11 1 ' '^^'^ '" rcKara

cause those under bis command to perform any laid <»r camp duty to parades,
he shall require ; and, also, may put under guard, for the day or
time of continuing such parade or drill, any ofhcer, non-commis-
sioned officer or private who shall disobey the order of his superior
officer, or in any way or manner interru[)t the exercises of the day.
He may ascertain and fix the necessary bounds txud limits to his
parade ground, within which no spectator shall enter without leave
from such corainanding officer ; and whoever intrudes within such
limits, after being forbidden, or in any way or manner interrupts
or molests the orderly discharge of duty of those under arras,
may be confined under guard during the time of such parade or
drill.

Sec. 21. For the purpose of notifying the non-commissioned Notice of

rr, ,. ,. 11-I1 I 1 iU l» a ra d e.o, Ac,

officers and privates for any parade, drill or other rendezvous, tfie how mado.
commandant of each company shall issue his orders, either by
warrant or otherwise, to one or more of his non-commissioned
officers or privates, requiring them, respectively, to warn all the
officers, non-commissioned officers and privates of his company to
appear at the time and place appointed, armed and equi|)ped
according to law and regulation. Each non-commissioned officer WaminK to
or private to whom such order shall be given shall give notice,
either verbally or in writing, of such lime and place to every
person whom he is ordered to warn ; or, in case of his inability to
find such person, he shall leave a written notice at his usual place
of abode or business with some person of suitable age and discre-
tion, or shall send the same to him by mail.

Sec. 22. Such non-commissioned officer or private shall make a Return of

' . person serving

return to the commandant of his company, in which he shall state notioc.

the names of all persons by him warned and the manner of warn-
ing them, respectively, and shall make oath to the truth of such
return ; and such commandant shall deliver the return, together
with his own return, of all delin(piencies, wheiievir required, to
the commanding officer of his regiment, who shall forward the
same to the President of the proper court martial. The return
of such noncoiuniissioaeJ otfiv'er or private, so sworn to, shall be

718 STATUTES AT LARGE

A. D. 1871. as good evidence on the trial of any person returned as a delin-
^^' quent of the facts therein stated as if such non-commissioned

officer or private had testified to the same before the court martial
on such trial; but nothing in tlic provisions of this Act shall be .<o
construed as to preclude, in the absence of a proper "return, the
giving in evidence at any court martial, upon trial for delin-
quencies, neglect of duty, or ofiense whatsoever, matters of fact
which go to substantiate the charge or offense.
Company Sec. 23. Evcrv commandant of the comi)any shall make the like

comuiandcrs ti) i • i 'i-i „. /. i ,• i i f

lujike like re- return, and witli like eltect, or every delinquency and neglect oi
duty of his nou-coramissioned officers, either in not attending at any
parade or drill, or not executing or returning a warrant to them
directed or delivered, or not obeying the orders of their command-
ing officers, and also the names of every officer, non-commis-
sioned officer or private who shall refuse or neglect to obey the
orders of his superior officer, or to perform such military duty or
exercise as may be required, or depart from his colors, post or
guard, or leave the ranks without permission from his superior
officer.
Coniraission- Sec. 24. Any Commissioned officer of a company may, without

cii officer lUiiy n p , i /. i • i

warn his com- warrant, warn any or all or the members or his command to

mand to parade i i -n i o i ■ i

appear at any parade, drill or rendezvous, buch warning may be
given by him either personally or by leaving a notice or sending
by mail, in the same manner as if given by a non-commissioned
officer, and his certificate shall be received by any court martial
as legal evidence of such warning.
■\Varning to Sec. 25. AVheu a company is paraded, or assembled for any other

appear at . ,. ™ ,i, .,

future dajs. purpose, the commanding officer may verbally warn the men to
appear on some future da)', and not more than thirty days from
such time, which shall be sufficient notice as respects the persons
present; and a record of the names of the officersand privates then
present, signed by such commanding officer, shall be sufficient
evidence of such warning.
Offieor.<. etc., Sec. 26. The officers and non-commissioned staff officers of each
regiment or battalion shall be warned to attend at any parade or
drill in the san\e manner as is prescribed by law for the warning of
the privates of any company; and the commanding officer of each
regiment or battalion may designate and order any or all of the
non-com missioned staff officers of the regiment or battalion to per-
form that duty, who shall make return thereof to the commanding
officer or Adjutant of the regiment or battalion, in the same man-
ner and under the same penalty for delinquencies as are by law im-
posed on non-commissioned officers or privates of companies for
similar delinquencies.

OF SOUTH CAROLINA. 719

Skc. 27. All c<)iniii:iii(lii)g ufficera of regiments, hatlalions or •■^- "• ^^"'•

companies may, on any parade or drill, niul divi-ion, l)ri<.'ade or Kciidinc ..f

rogiinciital orders, and notify the ofiicers and soldiers of llieir several "nler.-.

commands to appear as hy siicdi orders nvjnircd, which notice shall

be a sufficient warnim; to all persons present.

Skc. 28. The commandin<r officer of any division, brigade, regi- onKt-n-

" ■' 1 iiK'otinii!< lor

ment or battalion mav re(iuiro the commissioned officers and non- in-' t ruct ion.

' ... excrci!<i'. Ac.

commissioned officers ol" his command to meet for instruction, exer-
cise and improvement at such times and places as he shall appoint;
and he may re(iuire them to appear with such arms and accoutre-
ments as he may prescribe; said officers shall thereupon be formed
into a corps of instruction, without regard to rank, and shall be
thoroughly instructed in the manual of arm.?, the school of the
soldier and company, and in such other theoretical and practical
details of duty as the said commanding officer shall deem proper.

Sec. 29. Any person belonging to the military forces of this State, Militia on

. 11-11 • I • 1 1 pnrnile excnipi

going to or returning from any parade, drill or meeting which he iromioii.
may be required by law to attend, shall, together with his convey-
ance and the military property of the State, be allowed to pass free
through all toll gates and over all toll bridges and ferries.

Sec. 30. The Adjutant of each regiment shall, on or before the Diuic:' oi

'' . • J rcgimentnl n<l-

15th day of January of each year, and ottener, it required, return jutant.-.
to the commander of his regiment the names of all commissioned
staff and line officers of such regiment absent from any parade,
drill or rendezvous during the preceding year. Upon the receipt
of such return, the commander of such regiment shall order a court
martial to pass upon such delinquencies.

Sec. 31. Any officer who neglects to perform the duties of his Triaii-vcourti'

J a i ^ niiirinii.

office, or to obey the rightful orders of his supci-iors, or who is
guilty of conduct unbecoming an officer and a gentleman, or who
violates any of the provisions of this Act, may be put under arrest
by his sujjerior officer and tried by a court martial.

Sec. ;]2. All courts martial for the trial of commissioned officers Snid court*—

ii. I'"'"' <"<'nstitu-

shall consist of not less than five nor more than thirteen ofticcrs, ii.t.
and in all cases a majority of the court shall be of not less rank
than the accused, llegi mental commanders shall have power to
appoint regimental courts martial for the trial of all officers, except
field officers, of their respective regiments. In all cases wherQ the
regimental commander is the accuser, and for the trial of all other
officers within their respective commands, the commanders of brig-
ades shall have power to order general courts martial. In all cases
where the brigade commander is the accuser, or where the regi-
mental or brigade commander neglects or refuses to order a I'ourt
martial, then the court shall De ordered by the division commander.

720 STATUTES AT LARGE

A. I). 1874 p„r ti,e trial Qf ^ brigadier or major general, courts martial shall
"~^ • be ordered by the Cornniander-in Chief.

Scntcn.e of Sicc. 33. Courts martial may sentence an officer convicted bv

courts martial. - i i i- ■ i , ,. i '

tnera to be punijihed according to the nature and degree or the
offense and according to military ugage; but in time of peace such
punishment shall not extend further than cashiering ihe officer con-
victed and disqualifying him from holding any office in the militia
of this State and imposing a fine not exceeding one hundred dol-
lars or imprisonment not exceeding thirty days. Officers cashiered
by sentence of a court martial shall be precluded thereby from
again volunteering into the military service of the State, except the
sentence be remitted by the Commander-in-Chief.
Courts of Sec. 34. Courts of inquiry, to consist of three officers and a Judge
inquirj. Advocate, may be instituted by the Commander-in-Chief, or by the

commanding officer of a division, brigade .or regiment, in relation
to those officers for whose trial they are authorized to appoint courts
martial, for the purpose of examining into any military transaction,
or the conduct of any officer, either by his own solicitation or on a
complaint or charge of improper conduct, or for the purpose of
settling a military question, or for establishing good order and dis-
cipline. Such court of inquiry shall, without delay, report the evi-
dence adduced, a statement of facts, and, when required, an opinion
thereon, to the officer instituting such court, who may, in his discre-
tion, thereupon appoiut a court martial for the trial of the officer
whose conduct shall have been inquired into.
Courts for Sec. 35. For the trial of non-commissioned officers and privates,

trial of non- . , , . . *. *• i

commissioned regimental commanders may at any time appoiut a court martial

viitesr''"" '^^ for their respective regiments, such courts to consist of at least

three commissioned officers. The court, when organized, shall have

the trial of all offenses, delinquencies and deficiencies that occur in

the regiment for which it shall have been appointed.

Trials to be Sec. 36. No officer, non-commissioned officer or private shall be

rordinp to tried except on written charges and specifications. The arraign-

nsageolUnitcd „ / , , " „ • , , ,,,,.,,

States. raent or the accused, the proceedings, trial and record shall in all

respects conform to the forms and requirements of the United States

law and practice of courts martial, except as herein otherwise

provided.

Proieedinprs Sec. 37. The proceedings and sentence of a court martial shall,

and sentence, . i i i • i i /»^ i • i

to whom trans- Without delay, be transmitted to the officer ordering the court, or to
his successor in command, who shall, within fifteen days thereafter,
approve, disapprove, commute or remit the sentence and issue his
order thereon ; and he shall also transmit such proceedings and
sentence, with his action thereon, to the Adjutant and Inspector
General, to be filed in his office.

OF SOUTH CAROLINA. Til

Sec. .'>8. l>V(ry mcmlxr of a court inarlial .-liall keep secret the ^- ^- ^^*-

proceediiiiTfl and si-iitoiicc of the court until the .same shall he an- T^ ' ,.

^ , . . Procffflinirs

proved or ilisapproved, or otherwise acted upon accordintr to law, "f court to be

' 1 I » I o > kept secret,

and shall always keep secret the vote or opinion of any particular
memher of the court, unless required to give evidence thereof hy a
court of justice in due course of law.

Sec. 39. The President of every court martial or court of incjuiry Who may i>o
shall be the memher of the court senior in rank, who, besides his Mud, courtn.
duties and privileges as a member, shall be the organ oi' the court
to keep order and con<luct its business. In his absence the senior
officer present shall preside, with all the powers of the President.
All the members of such court shall, when on duty, be in full uni- Members of

... 1 1 court to Ix- in

form; and the court may sit without regard to hours, and may ad- uniform,
journ from time to time, as may be necessary for the transaction of
business.

Sec. 40. Courts martial and courts of inquiry are authorized and (lencmi pow-

, ,,.,.". , ers of cuurta

empowered to preserve order during their sessions, and any person mnrtiiil.
or persons who shall be guilty of disorderly, contemptuous or inso-
lent behavior in, or use any insulting or contemptuous or indecorous
language or expressions to or before any such court, or any member
of either of such courts, in open court, intending to interrupt the
proceedings or to impair the respect or authority of such courts,
may be committed to the jail of the County in which said courts
shall sit for a time not exceeding twelve hours, by warrant, under
the hand and seal of the President of such court.

Sec. 41. Courts martial and courts of inquiry shall issue subpw- Jutiiciai

. , ... powers ot such

nas for all witnesses whose attendance at such courts may, in their court:?,
opinion, be necessary in behalf of the State, and also, on ai)plica-
tiou, for all witnesses in behalf of any officer charged or accused
or persons returned as delinquents; and may direct the commandant
of any company to cause such subpoMia to be served on any witness
or member of his company. Such courts shall also have power to
administer the usual oath to witnesses, and to compel witnesses to
appear and testify, by attachment, line and imprisonment, as Courts
of common law. And all Sherilfs, jailers and Constables are hereby
recjuired to execute any process issued by such courts for any of the
aforesaid purposes.

Sec. 42. The President of anv court martial or court of iiujuiry Mnr.-liai.«—

, 1 " 1 • ,»' • 1 • . power* and

may appoint, by warrant, under his official signature, one or more iiuiic?.
Marshals, who shall, when required, execute any process lawfully
issued by such President or court, and perform all acts and duties
by this Act imposed on and authorized to be performed by any
SheriU' or Constable. The Marshals so appointed shall, before en-
tering upon their duties of collecting fines and penalties, execute a

722 STATUTES AT LARGE

A. D. 1ST4. bond, with sufficient sureties, to be approved by the President of the

court appointing thera, for the faithful performance of their duties.

Fines sind Sec. 43. Everv officer, non-commissioned officer or private shall,

penalties. , . . ,

on due conviction by any court martial, be subject, for the follow-
ing offenses, to the fines and penalties thereto annexed :

1. In time of peace, every commissioned officer, for disobedience
of orders, neglect or ignorance of duty, conduct unbecoming an
officer and a gentleman or prejudicial to good order and military
discipline, neglecting to comply with or violating any of the pro-
visions of this Act, shall be cashiered, disqualified from holding any
military commission, fined to an amount not exceeding one hundred
dollars, imprisoned not exceeding thirty days, or reprimanded, or
be sentenced to all or either of such fines and penalties within the
discretion of the court.

2. Every commissioned officer, for non-attendance at any parade,
drill or place of rendezvous, a fine of not less than five nor more
than fifty dollars.

3. Every non-commissioned officer and private for non-appear-
ance, when duly warned at any company parade, inspection, muster
or drill, a fine of one dollar ; for nou appearance at a regimental or
battalion parade, inspection or drill, a fine of two dollars; for dis-
obedience of orders or disrespectful or insubordinate conduct, a fine
not exceeding fifty dollars.

4. Every officer, non-commissioned officer or private for neglect-
ing or refusing to obey the orders of his superior officers on any dav
of parade, drill or inspection, or to perform such military duty or
exercise as may be required, or departing from his colors, post or
guard, or leaving his place or ranks without permission, a fine of
not more than one hundred nor less than five dollars.

5. Every officer, non-commissioned officer or private for neglect-
ing or refusing to obey any order or warrant to him lawfully given
or directed, or to make a proper return thereof, or neglecting or
refusing, when required, to summon a delinquent before a court
martial, a fine not more than fifty nor less than five dollars.

6. Any officer, non-commissioned officer or private who shall neg-
lect or refuse to surrender or deliver up, upon demand of his com-
manding officer, in accordance with Section 13 of this Act, any
arras, equipment or other military property of the State that may
be in his possession shall be fined not more than one hundred nor
less than ten dollars; and any officer may take possession of such
militarj' property wherever the same may be found.

7. Every noncommissioned officer or private appearing at any
parade, drill, inspection or review deficient in all or any of the
arras, equipments or uniform furnished by the State, or unser-

OF SOUTH CAROLINA. 723

viceablc or in bad coinlition, if I'vmu l>is own neglect, a fine of five •^- '•• ''^'^•
dollars. '

In addition to, or in lieu of, the fines herein specified, the oflTender
shall l)e liable, in the (lis(;reti(jn of the conrt, to be dishonorably
discharged from the command to which he belong.^.

Sec. 44. For the purpose of collecting any fines or penalties im- rille^<. .vt-.—

11 -1 1 • 1 I . 1 • » i xi T> • 1 1 « how collectible

posed by any court martial authorized by this Act, the 1 resident oi
the court shall, within thirty days after the fines or penalties have
been imposed and approved, issue an execution or warrant, under
his official signature, directed to any Marshal of the court, or to all
and singular the Sheriffs and Constubles of the State, thereby com-
manding them to levy such fines and penalties, together with the
costs, on the goods and chattels of such delinquent, and in default
of sufticient goods and chattels to satisfy the same, then to take the
body of such delinquent and convey him to the common jail of the
County, where he shall be kept in confinement by the SheriflT or
jailer for two days for any fine or penalty not exceeding five dollars,
and one additional day for every dollar above that sum, unless the
fine or penalty be sooner paid; but no such imprisonment shall ex-
tend beyond the period of thirty days: Provided, however, That
the prisoner may be liberated at any time by order of the officer
ordering the court martial by which he was convicted.

Sec. 45. Every Marshal, Sheriif or Constable to whom any such
warrant or execution shall be directed and delivered is hereby
authorized and required to execute the same, by levying and collect-
ing the fines and penalties, and make return thereof to the officer
who issued the same within sixty days from the receipt of such
execution or warrant, paying over the amount collected to the
proper ollicer, in accordance with the provisions of this Act. Any
Marshal, Sheriff or Constable foiling or refusing to execute such
execution or warrant as herein required, or to make return thereof
and pay over fines so collected, shall be subject to rule and attach-
ment from the Court of Common Pleas of the County wherein he
resides, upyn motion of any attorney, President of a court martial,
the officer ordering the same, or any other officer whose duty it is
to see that such process be duly executed.

Sec. 46. All fines and penalties so collected from any officer, non- i)i<poMtioii

. 1 /n • n • 1 11 1 * • 1 1 I "^l fines. Ac,

commissioned officer or private oi a regiment shall be paid by the coiUiioa.
officer collecting the same to the paymaster of the regiment to which
the person so fined belonged, and shall constitute a portion of the
military fund of such regiment, which shall be disbursed by order
of the commanding officer of such regiment. All fines and penal-
ties so collected from any other commissioned officer shall be paid

724 STATUTES AT LARGE

A^. 1871. |jy ^],g officer collecting the same to the Treasurer of the State, to

be expended for the use of the militia of the State.
Paymaster— Sec. 47. For each rejrimcnt there shall be appointed a navma.ster,

powers and " ' ' i j >

duties. with the rank of Captain, who shall receive all Hues and penalties

collected and payable to such regiment. He shall give a bond in
the sum of one thousand dcjllars for the faithful discharge of his
duties, to be approved by the commanding officer of the regiment
for which he is appointed. Each paymaster shall be compelled to
account, at least once in twelve months, and oftener if required, to
the commanding officer of the regiment of which he is paymaster,
•which accounts shall be subject to the inspection of the Brigadier
General, Major General and Commander-in-Chief, respectively. A
copy of said accounts shall be forwarded to the Adjutant and In-
spector General, to be filed in his office.

M h^i« ^ °^ ®^^' '^^* ^^^^ °^ ^^^ fines and penalties imposed by any court
martial and collected, there shall be paid, upon the certificate of the
President of such court, approved by the officer ordering the same,
to every Marshal appointed by any such court, one dollar for every
day actually employed in the execution of the duties required of
him.
Pay of Sec. 49. For executing any process or performing any service

SherilTs and • i i i • • /• ' i • » r.i •/>» ^ r^ \ ^ in

Constables. required by the provisions or this Act, Sherins and Constables shall
be entitled to the same fees as they are allowed by law for similar
services in civil or criminal cases. Marshals appointed by the Pre-
sident of any court martial, to whom an execution or warrant
for the collection of fines and penalties may be directed or de-
livered, shall be entitled to the like fees as Sherifl!s for similar ser-
vices.
No action to Sec. 50. No action shall be maintained against any member of a

be maintained • i /r» • i • i •

against officers court martial, or officer or agent acting under its authority, on ac-

of courts mar- <■ i • • • c r^ i . i

tiai. count or the imposition or a fine or penalty, or tor the execution

of a sentence on an}' person, if such person shall have been re-
turned as a delinquent and duly summoned before such court, or
shall have appeared before such court to answer the charges made
against him; and when a suit or proceeding shall be commenced in
any Court by any person against any officer of this State, for any
act done by such officer in his official capacity in the discharge of
any duty under this Act, or against any person acting under
authority or order of any such officer, or by virtue of any warrant
issued by him pursuant to law, the defendant may require the plain-
tiff in such suit or proceeding to file security for the payment of
the costs that may be incurred by the defendant in such suit or
proceeding, and the defendant in all cases may plead the general
issue and give. the special matter in evidence.

OF SOUTH CAROLINA. 725

Sec. 51. All coiuinuiKliiig olliccr.s of cotupauio.^, rogiment-s, bri- •^- '^- '•*"'•
eades or divisions shall have power to place in arrest any officer. ^ ' .

° . ' '. , •' ' I'owern of

and order in confinement any non-commissioned officer or private ""'"•pr'' to ar-
, , , . 1 , . '■'"'I '""• <;oin-

who may be under their command, and person.s in arrest or couhoe- mit oii.n.hrH
ment will not bear arms during the continuance of such arrest or
confinement.

Skc. 02. No commissioned officer, except staff officers, shall be onii;<T.^— how
removed from office or dismissed from the service unless by the dig"n?Je<i." "'
sentence of a legally-constituted court martial, rendered after a fair
trial, and ajiproved in the manner prescribed by the provisions of
this Act, except in the following cases, when they may be dismissed
by the Comraander-in-Cliief: Upon conviction of an infamous
crime; removal out of the bounds of his command to so great a
distance that in the opinion of his commanding officer it is incon-
venient to exercise his command.

Sec. 53. No officer, non-commissioned officer or private shall be Exeiupti<.ii
arrested except for treason, felony or breach of the peace while '■^"'•""'■''^'■'■'•■
going to, returning from or attending upon any military duty,
court martial or court of inquiry which it is his duty to attend.

Sec. 54. No citizen of the State above the age of forty-five years Eligibility i-
shall, on account of such age, be ineligible to office in the militia, "uiritia!" ' "
uor incapable of serving in a volunteer company, and no citizen of
the State, otherwise qualified, shall be ineligible to office in the
railitia from not having been enrolled therein.

Sec. 55. Any company of the National Guard may, by a vote of Gcnomi pow-
two-thirds of its members, form by-laws, rules and regulations, not
inconsistent with this Act, for the government aud improvement of
its members in military science'and discipline; and such by-laws,
rules and regulations shall be binding, but they may be altered
from time to time, as may be found necessary, by the same vote.
For the violation of such bylaws, rules and regulations the non-
commissioned officer or private offending may be expelled from the
company by a two-thirds vote, a majority of all its members being
present; and uiton such action of the company beijig confirmed in
orders by the commander of the regiment or battalion, and, in case
of a separate troop or battery, by the commaiuler of the brigade or
division to which such separate troop or battery is attached, the
name of such person shall be stricken from the roll of such com-
pany and he shall cease to be a member. Any fine for offenses
against such by-laws, rules and regulations of any company, not
exceeding the sura of fifteen dollars, a certified copy of the proceed-
ings relating to the infliction of which has been returned to any
regimental court martial, may be enforced by such court, due
notice being given to the delinquent; aud such fines, when collected,

726 STATUTES AT LARGE

A. D. 1ST4. shall be paid over to the company of which the offender or delin-
' quent is a member.

Sec. o6. If any officer, having a warrant for the collection of any
Renewal of fine or penalty, shall not he able to collect the fine or penalty within

uarrant? for , . '•/• i i • i i rr- • • i

lines. the time specined therein, then the oihcer issuing the warrant may

at any time thereafter, within two years from the time of imposing
the fines, issue a new warrant against any delinquent, or renew the
former warrant, from time to time, as may become necessary.

Sec. 57. Any connnissioned officer shall have authority to
Power to n<i- administer oaths to military persons, when such may be necessarv,

minister oaths. -./.,.. ,, i-'

under any of the provisions of this Act, and the same penalties
shall attach to false swearing in such cases as are now provided by
law in case of perjury.

Sec. 58. The rules and articles of war and general regulations
Militia sub- for the jrovernment of the armv of the United States, so far as they

ject to nile.< f . , 1 T . " . . , p , • ■

HOT e rn in fe' are applicable and are not inconsistent with any oi the provisions

army of U. S-/*,., in i i r»i - •!••/•

of this Act, shall apply to the government of the active militia oi
this State, in such cases as may not be provided for by this Act ;
but no punishment under such rules and articles which shall extend
to the taking of life shall in any case be inflicted, except in time of
actual war, invasion or insurrection, declared by proclamation of
the Governor to exist, and then only on the approval, by the
Commander-in-Chief, of the sentence inflicting such punishment.

Sec. 59. When a company is reduced below fifty privates, the
Enlistment^, commanding officer of the regiment to which such company is
attached shall forthwith issue his orders to the commanding officer
of the company to fill the ranks by enlistments to the number of
fifty privates, and if, within thirty days after the receipt of such
order, the ranks are not filled, the commander of the regiment shall
give notice thereof to the Adjutant and Inspector General, and the
Commander-in-Chief shall issue his order for disbanding the
company, and directing the commander of the regiment to raise a
company in its place.

Sec. 60. In this Act the word "soldier" shall include all persons
Ce rt a i n in the volunteer or enrolled militia, except commissioned officers:

words defined. .111 j

the word "company may include battery and troop, and the word
"regiment" may include battalion.

Sec. 61. In order to carry into full effect the provisions of this
Board to Act, the Governor is hereby authorized to appoint, immediately

prepare forms />i.»'t> i/., •• j/t?'

for nse of mil- upon the passage of this Act, a Board of three commissioned oincers,
who shall prepare all the necessary forms for the use of the militia
of this State; and it is hereby made the duty of the Adjuant and
Inspector General to have such forms, when so prepared, printed
and distributed to the commissioned officers of the State. He shall

OF SOUTH CAROLINA. 727

alsu have this Act, together with such forms iiml so much of the •^- "• 1"'^-
rules and articles of war for the government of the United States ^" ''
army as the said Board of officers may decide are applicable, pub- A.ijutAni

lished in p;im[)hlet furm, and two copies thereof sent to each torn- J,'j^' "^' ''^^' 'j'
missioned officer, which books shall be held by them as [iroperty of '^■*^" i""'"'*'*-
the State, and delivered to their successors in office.

Sec. 62. That so much of Chapter XV, Title IV, Part I, Sections
2 and 11, as recjuire an enrollment of the militia every two years,
and the division of the same into two classes, and all Acts or parts
of Acts inconsistent with this Act, be, and the same are hereby,
repealed.

Approved March 17, 1874.

AN ACT TO Incorporate the Societies Therein Named. No. fi27.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That G. A.
Fields, Lemuel W. Gadsdeu, G. W. Brown, Clayton G. Galisou, R^jney Hook

^^ - ' :iii.l L a <l <1 e r

Edward II. Davis, Thomas H. Levy, Peter Wells, Daniel Carter. Company in-

T • • I J 1 • -1 lorporate-l.

Bertram Richardson, their associates and successors, be, and they
are hereby declared to be, a body politic and corporate, under the
name and style of the Rainey Hook and Ladder Company of
Florence, South Carolina.

Sec. 2. That T. W. Tilton, C. PI R. Drayton, John Stoubers, Aiken H..<.k
W. \V. Hunting, G. W. Craft, their associates and successors, be. Company,
and they are hereby declared to be, a body politic and corporate,
under the name and style of the Aiken Hook and Ladder Comj)anv
of Aiken, South Carolina.

Sec. 3. That the Tilton Hook and Ladder Company, No. 1, and Tihon Hook
the several persons who are now or may hereafter be officers and Company.'
members, be, and they are hereby declared to be, a body politic and
corporate, under the name and style of the Tilton Hook and Lad-
der Company, No. 1, of Aiken, South Carolina.

Sec. 4. That P. Bacot, \V. \V. Dwight, \V. II. Williams, J. A. .Fairfici.1
Frazier, J. Brice, John J. Neil, their associates and successors, be, Company,
and they are hereby declared to be, a body politic and corporate,
under the name and style of the Fairtiekl Engine Company of
Winnsboro.

Sec. 5. That John Cantey, II. Clark, John B. Moore, B. C. Rich-
ardson, Johnson Hagood, Edward Cantey, C. J. Dunhip, and all
other persons who are now or may hereafter become members or (. „ ,„ ^ ^ „
stockholders of the association known as the Camden Jockey Club, ^^'■'^'■'>' *-''"^-

728 STATUTES AT LARGE

A. D. 1874. t,g^ anj jj^gy j^^g hereby declared to be, a body politic and corpo-
rate, under the name and style of the Camden Jockey Club of
Camden, South Carolina.

Sec. 6. That Thomas G. Bacon, Johnson Hagood, Garris Ashley,
Henry Sparnick, W. A. Williams. John McRay, Luther W. Wil-
liams, T. C. Morgan and E. J. C. Wood, and such other persons as
T I ^ i^l* 1*' " "^^y from time to time be associated with them, are hereby declared

Jockey Club. i. i i i-

to be a body politic and corporate, under the name and style of the
Aiken Jockey Club of Aiken, South Carolina.

Sec. 7. That A. B. Mitchell, William T. Elfe, R. W. Turner,

Thomas Aiken, Daniel Brown, their associates and successors, be,

Citizens' and they are hereby declared to be, a body politic and corporate,

under the name and style of the Citizens' Cemetery of Charleston,

*^outh Carolina.

Sec. 8. That E. D. Washington, S. F. Williams, R. D. Manley,

N. D. Washington, B. G. Washington, B. AV. Howard and T. Wil-

Brothcriy liams be, and they are hereby declared to be, a body politic and

Union Repub- , , ^^nl■n^^■^^^r-,t

licanSociery. Corporate, Under the name and Style of the Brotherly Union Repub-
lican Society of Beaufort County, South Carolina.

Sec. 9. That Wm. Cloud, York Smalls, Frank Thomas, Louisa

Millhouse, Margaret Thomas, Rosaner Nelson, Lisbun Bouneau and

Sons and Carry Mack be, and thev are hereby .declared to be, a body politic

JDaugnters •' ' -^ •' •'i

Cane Manuel and Corporate, under the name and style of the Sons and Daughters'

society. ' • •' c

Cane Manuel Society of Charleston County.

Sec. 10. That the South Carolina Jockey Club be, and is hereby,
South Care- rechartered, with the powers, ris;hts and privileges heretofore scranted

una Jockey ^ 's i & a

Club. by law.

Sec. 11. That the said corporations shall have succession of

officers and members according to their by laws, and shall have

Powers and power to make by-laws not repugnant to the laws of the land ; to

privileges. ■' i =

have, keep and use a common seal, and the same to alter at will ;
to sue and be sued, to plead and be impleaded, in any Court of this
State; and to have and enjoy every right incident to incorporations.
Sec. 12. That they are also empowered to retain, possess and
enjoy all such property as they may now respectively be possessed
of or entitled io, or which shall hereafter be given, bequeathed to
or in any manner acquired by them, and to sell, alien or in any

Proriao. way transfer the same or any part thereof: Provided, The amount
of property so held or stock so invested shall in no case exceed
twenty thousand dollars.

Sec. 13. That from and immediately after the passage of this
Act, John R. Crocker, A. F. Kindrick, Robert Little, and all

Pacoiot Bap- other persons who now are or who hereafter shall or may become

tist Church' ■'

incorporated, members of said church, shall, and they are hereby declared to be,

OF SOUTH CAROLINA.

720

a body corporate, by (he name and style of Pacolet Baptist •^- "• '"'''•
Church, and by tlieir said name shall have succession of officers
and members, and have a common seal.

Skc. 14. That the said corporation shall have power to purchase, i»ow«t(< aD<i
receive, hold and possess any real or personal {)roperty, not ex- ^"
cecding in value the sum of twenty thousand dollars, or to .sell and
convey the same, and by its corporate name to sue and be sued in
any Court of this State, and to make such rules and by-laws, not
ropuffuant to law, as may be deemed necessary and expedient.

Sec. 15. That this Act shall be deemed a public Act, and con-
tinue in force for the term of twenty years, and until the next
ensuing session of the Legislature.

Approved March 17, 1874.

AN ACT TO Amend an Act Entitled "An Act to Recharter Xo. 628.
THE Ferry Over tue Co.aibahee River, South Carolina,
Known as the Combahee Ferry."

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That an Act entitled "An Act "Arthur

to rccharter the ferry over the Combahee River, South Carolina, >tiu<k out and

* II t II r y A.

known as the Combahee Ferry," approved February 27, 1872, be, Mi.iaieton"
and the same is hereby, amended by striking out the name of
"Arthur Middleton," wherever the same may occur, and inserting
in lieu thereof the name of " Henry A. Middleton."

Approved March 17, 1874.

inserled.

AN ACT to Incorporate the Attuck Light Infantry, of No. 629.
Charleston, South Carolina, and Certain Other Com-
panies Therkin Named, and to Renew the Charter of
THE Charleston Gas Light Company.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the St;ite of South ('arolina, now mot and sitting; in
General Assembly, and by the aiitJKjrity of the same, That \V. M.
Gadstone, N\ . J. Hiodie, A. B. Mitclu'll, ^\^ F. Kearson and K. W. rorporators.
Robinson, and their successors and associates, be, and they are
hereby declared to be, a body politic and corporate, by the name
and style of the Attuck Light Infantry, of Charleston, South Caro- Corporate
lina; and that Henry Stokes, Isaac Simmons, Limus Smalls, Daniel

730 STATUTES AT LARGE

A. D. 1874. Holmes, Stephiiey AVright, David Waring, George Washington and
^' Detrow Jenkins, under the name and style of the Mount Pleasant

RiHe Guards, of Charleston County; and that Charles S. Miller,
Isaac Sawyer, Edward Labitut, George Btfcket, Richard Becket, S.
M i ? h :i w Simons, A. Simons and Richard Edwards, under the name and style
corporateif. of thc Mlshaw Zouavcs Rifle Company, of Charleston, S. C; and
that William R. Ryan, Edward P. Wall, Jr., and T. Garbon, under
Palmetto the name and style of the Palmetto Light Infiutry, of Charleston,
■ ' S. C; and that C. S. Green, G. Brown and M. Days, under the name
Pee Dee and Style of the Pee Dee Guards, of Georgetown County ; and that
Thomas Aiken and others, under the name and style of the Artson
Arisen Rifles Rifles, of Charleston ; and that Joseph Bui.'it and Thomas White,
San tee under the name and style of the Santee Guards, of Georgetown
County; and that July Embly, John Dix and P. E. Jones, under
Cain Rifle the name and style of the Cain Rifle Guards, of Lewisville, Orange-
burg County, S. C; and that Frank Myers, Peter Pressley, Prince
McKutchen and Touey Scott, under the name and style of the
Black Mingo Black Mingo Rifle Guards, of Williamsburg County, and their
successors and associates, be, and they are, respectively, incorpo-
rated and made and declared a body politic and corporate, in deed
and in law.

Sec. 2. That each of the said corporations shall have the power
General to use and keep a common seal, and the same to alter at will; to
^^ ' make all necessary by-laws not repugnant to the laws of the land,

and to have succession of officers and members conformable to such
b^'-laws; to sue and be sued, plead and be impleaded, in any Court
of this State ; and to have, use and enjoy all other rights, and be
subject to all other liabilities, incident to bodies corporate.

Sec. 3. That the Charleston Gas Light Company have an esten-
li a s^'^M^g^h't ®^^° ^^ ^'^ charter, and the same is hereby incorporated for the term
'^har'ter es- ^^ thirty (^30) years from the expiration of its present charter,
tended. Approved March 17, 1874.

No. 630. AN ACT to Amend ax Act Entitled "An Act to Amend an
Act Entitled 'An Act to Vest in the Ciiakleston Lani>»
Company the ChartePv of a Ferry from Hamlin's Wharf,
IN the City of Charleston, to the Following Points on
the Wando River, to wit: Scanlonville, Remley's Point,
Venning's Landing and Daniel's Island Landing.' "

Be it enacted by the Senate and House of Representatives
of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same. That an

OF SOUTH CAROLINA. 731

Act entitled "An Act to vest in tl>e Charleston Land Coinpnny the A. D. 1K74.
chiuter of a ferry from Ilamlin'.s Wiuirf, in the city of Charleston. ^||'„n,iin-.
to the following points on the Wando River, to wit: Scanlonville, ^y,,^[,'li •''('■' "j^n*!
Remlev's Point, Vennin'''.s Landinir and Daniel'.s Island Landing," li"y«viil<" in
be amended as follows: On line four, (4,) Section one, (1,) strike
out "Hamlin's Wharf, in;" and on line six, (G,) after the word
"landing," insert "Cainhoysville." In Section two, (2,) on line
live, (5,) strike out "two" (2) and insert "four" (4;.

Approved March 17, 1874.

AN ACT TO Reduce all Acts and Parts of Acts Providing No. 031.
FOR THE Assessment and Taxation of Property into One
Act and to Amend the Same.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That all real I'ropem

and personal property in this State, and personal property oi resi-
dents of this State which may be kept or used temporarily out of
the State, with the intention of bringing the same into the State, or
which has been sent out of the State for sale and not yet sohl ; all
moneys, credits, investments in bonds, stocks, joint stock companies,
or otherwise, of parties resident in this State, shall be subject to
taxation.

Sec. 2. Every person shall be liable to pay taxes and assessments Person,

on the real estate of which he or she may stand seized for life, by t|,"xcl "* '"'"*
courtesy, in dower, as husband in right of his wife, or may have
the care of, as guardian, executor or trustee.

Sec. 3. All executors, administrators, guardians, trustees, receiv-
ers, officers, husbands, fathers, mothers, agents or factors shall be
personally liable for the taxes on all personal property which they
are required, respectively, to list for taxation by the provisions of
this Act, and which was in their possession at the time when the
return thereof for taxation shall have been made by themselves or
the County Auditors, and may retain in tlieir hands a sufficient
amount of the property or proceeds thereof to pay such taxes for
the entire year; and the County Treasurer may collect such taxes
by any and all the means provided by this Act, either of the prin-
cipal or beneficiary, or of the person so acting as executor, admin-
istrator, guardian, trustee, husband, father, mother, agent or factor,
receiver or officer.

732 STATUTES AT LARGE

A. D. 1874. c;irc_ 4^ "Phc plirasc "real property," as used in this Act, shall be
.~^\ held to mean and include not otilv land, city, town and villajje lots,

Real prop- . > j > o »

Kfty" defined, but all things therein contained, and all .structures and other thing."*
so annexed or attached thereto as to pa.«s to the vendee by the con-
"P.M;^nnnl veyance of the land or lot. The phrase "personal property," as
used in this Act, shall be held to raean and include all things, other
than real estate, which have any pecuniary value, and moneys,
credits, investments in bonds, stocks, joint stock companies, or
•' Moneys. " otherw'ise. The term "moneys " or " money," as used in this Act,
shall be held to raean and include gold, silver and other coin, bank
- bills and other liills or notes, authorized to be circulated as money,
whether in possession or on deposit subject to the draft of the de-
positor or person having the beneficial interest therein on demand.
"Credits." The term "credits," as used in this Act, shall be held to raean the
remainder due, or to become due, to a party after deducting from
the amount of all legal debts, claims and demands in his favor the
amount of all legal debts and demands against him, whether such
demands be payable in money, labor or other valuable things.
But, in ascertaining such remainder, no deduction shall be made of
any obligation to any mutual insurance company, given for insur-
ance, nor of any subscription to the capital stock of any joint stock
compan}', nor of any taxes assessed against the party, nor of any sub-
scription to any religious, scientific, literary or charitable purpose, nor
of any acknowledgment of a liability not founded on a legal and val-
uable consideration, nor any more of any joint liability with others
than the party honestly believes he will be compelled to pay, nor
any contingent liability, nor of any acknowledgment of debt or lia-
bility made for the purpose of diminishing the amount of credit to be
* Investments returned for taxation. The phrase " investments in bonds," as used iu
"° *■ this Act, shall be held to mean all investments of money or means

in bonds of whatsoever kind, whether issued by the government of
the United States, or of this or any other State or Territory of the
United States, or any foreign government, or any County, city, town
"Investments or other munici])ality, or by any corporation or company of this or
iiistoc ». ^^y other State or country. The phrase "investments in stocks," as

used in this Act, shall be held to mean and include all investments
of money or means in the evidences of indebtedness, other than bonds
or bills designed to circulate as money, issued by any government
or municipality, and shares of the capital of any corporation, com-
pany or association, and every interest in any such shares or por-
tion thereof; also, all interests or shares in ships, boats or other
vessels used, or designed to be used, exclusively or partially, in
navigating the waters within or bordering on this State, whether
such ship, boat or vessel be within the jurisdiction of this State or

OF SOUTH CAROLINA. 733

not, uiiil wlicllior such vessel he regis((!reil or licciisefl at :iiiy Col- '^- "• ^^'*'

lector's oflice ill this State or not. Tlie word "oath," as iiserj in ..r. .u ••

' Oil In.

this Act, fihail ho held to nieun and include an aUirnialion duly

niaiie. Tiie wonls "person " and " party," an<l other word or words "Person and

importing the singular nuniher, as used in this Act, shall he held to

include lirnis, companies, associations and corporations; and all

wonls in the plural inunher shall apply to single individuals,

ia all cases in which the spirit and intent of this Act requires

it. Ail words iu this Act importing the masculine gender shall

apply to females also; and all the words iu this Act importing

the present tense shall apply to the future also.

Sec. 5. There shall be assessed on all taxable polls in this State I'oii tax.
an annual tax of one dollar on each poll, the proceeds of which
tax shall be applied solely to educational purposes. Every male
between the ages of twenty-one and fifty years, except those inca-
pable of earning a support from being maimed, or from any other
cause, shall be deemed taxable polls.

Sec. G. The following property shall be exempt from taxation, I'l-opcrty

to wit: taxation.

Ist. All public schools, and the grounds actually occupied by . J'ubiic

' ' '^ J I J schools.

them, not exceeding, in any case, three acres.

2d. All houses used exclusively for public worship, the books Churches,
and furniture therein, and the ground actually occupied by them,
not exceeding, in any case, two acres.

3d. All incorporated public colleges, academies and institutions liustitutions
of learning, with the funds ])rovided for their support, and the
groumis and the buildings actually occupied by thera and not used
with a view to pecuniary profit; but this provision shall not extend
to leasehold estates held by others under the authority of any col-
lege or other institution of learning.

4th. All real and personal property, the rents, issues, incomes and Kniiowmcnts.
profits of which have been or shall be given to any city, town,
viH.age, school district or sub-district in this State exclusively for
the endowment or support of public schools therein, so long as such
property, or the rents, issues, incomes or profits thereof, shall be
used or applied exclusively for the support of free education in saitl
schools, by such city, town, village, district or sub-district.

5th. All grave-yards or cemeteries, except such as are held with c.nu-tcrip.-'.
a view to profit or speculation in the sale thereof.

0th. All pror)erty owned exclusively by the United States or this i. >. nn>J

' ' -^ •' "^ State property.

State.

7th. All buildings owned by Counties and used exclusively as . Court build-
court houses, jails or public offices, with the grouuds on which

734 STATUTES AT LARGE

A. D. 1874. such buildings are or may be erected, not exceeding ten acres in
' any County.

8th. All lands, houses, fixtures and property owned by any
Poor houses, County or city, and used exclusively for the support of the poor.

9th. All property belonging to institutions of purely public char-
Charitable ^ty, and used exclusively for the maintenance and support of such
institutions. institutions.

10th. All fire engines and other implements used in the extin-
Fire engines guishment of fires, -with the buildings and grounds used exclusively
.1 p pertaining for the keeping and preservation thereof, when owned by any city,
town or village, or any fire company organized therein.

11th. All public squares or grounds and market houses owned
Public grounds by any city, village or town, and used exclusively for public pur-
poses.

12th. All city, town and village halls owned and used exclu-
Public halls, sively for public purposes by any city, town or village.

13th. All water works to suppl}' water for the use of a town or
Waterworks, city, the machinery and fixtures connected therewith, and the
grounds occupied thereby, when owned by any city or town.

14th. All bonds of this State which, by the terms of the Act un-
State bonds, der which they are or may be issued, are or may be exempted from
taxation.

15th. All bonds and stocks of the United States which are not
U. S. bonds, authorized by the laws of the United States to be taxed under State
authority.

16th. All rents accruing from real estate which shall not become
Rents. due within two months after the first day of July of the year ia

which taxes are to be assessed thereon.

17th. All of any annuity not payable on or before August first
Annuities, of the year for which taxes are to be assessed thereon.

18th. All pensions payable to any person by the United States,
Pension?. OT any State of the United States.

19th. All shares of the capital stock of any company or corpo-
Shares. ration which is required to list its capital an<1 property for taxation

in this State.

20th. All the wearing apparel of the person required to make

^ JVearing .IP- ^^^^^^ ^^^j ^j^ f^^ji^^.^

21st. Articles actually provided for the present subsistence of the
Subsistence, person or his family, to the value of one hundred dollars.

Sec. 7. Every person, of full age and of sound mind, except
Personal prop- married women, shall annually list for taxation the following per-
ertyhste - sonal property, to wit:

1st. All the tangible personal property in the State owned or
In the State, controlled by hira.

OF SOUTH CAROLINA. 735

2(1. All the tangible personal property owned by him or other ^- ^'- '^'^•

re.-i(lent of South Carolina, and under his control, whicli maybe (^ 'oTTin-

temporarily out of the State, but i.s intended to bo brought into the i^t"**'-

State.

3d. All taniifible personal property owned or controlled by liim s.ni ..ui ..f
. . , ,'^ ,' r , c^ /. 1 1 ti'« ««-"K-' for

which may have been sent out ot the State lor sale, and not yet .sale.

sold ; and,

4th. All the moneys, credits, investments in bonds, stocks, joint M .< n c >• s,

1 • " 1 • 1 n 1 1 1 • 11 creiJii.-'. <kc.

stock companies, or otherwise owned or controlled by hira, whether
in or out of this State. The property of every ward shall beli.--ted Wh.. .shall
by his guardian ; of every minor child, having no other guardian,
by the father, if living; if the father be dead, by the mother, if
living; if the mother be dead or married, by the person having it
in charge ; of the wife, by the husband, if living and sane, and the
parties are residing together; if the husband be dead, or is insane,
or is not living with his wife, by the wife; of every person for whose
benefit property is held in trust, by the trustee ; of every deceased
person, by the executor or administrator; of those whose property
or assets are in the hands of receivers, by such receivers ; of every
firm, company, ])ody politic or corporate, by the President or prin-
cipal accounting officer, partner or agent thereof; of all persons in •
the hands or custody of any public officer or appointee of a Court,
by such officer or appointee; of those absent or unknown, by their
agent or the person having it in charge ; of lessees of real property,
by such lessees.

Sec. 8. All persons required by law to list property for others Property to

,,,,.. in 1 • 1 • 1 /• 1 be listed scpu-

shall list It separately from their own, and in the name of the ratciy.
owner thereof; but shall be personally responsible for the taxes
thereon for the year in which they list it, and may retain so much
thereof, or the proceeds of the sale thereof, in their own hands as
will be sufficient to pay such taxes : Provided, That all lands Proviso,
shall be listed and assessed as the property of the person or per-
soqs having the legal title to, and the right of possession of, the
land at the time of listing and assessment, and in case of persons
having possession of lands for life, in the name of the life tenant ;
Provided, further, That in the case of estates administered, the
property shall, be listed and assessed as the property of " the estate
of" the person deceased; that in case of trusts, the property shall
be listed and assessed as the property of the trustee, styled as
trustee, committee or guardian, as the case may be ; and that in
cases of bankruptcy, the property shall be listed and assessed as
the property of the bankrupt. Ami any one who t^hall knowingly
return land in the name of one not having the legal title to, and
right of possession of, the land at the time of listing and assess-

736 STATUTES AT LARGE

A. D. 1874. ment as provided in this Section, shall be liable in an action of
' ^ damages in an amount at least equal to the tax assessed, at the
suit of the one entitled to the possession of said land, and shall
likewise be liable to a fine of not exceediuj^ five hundred dollars,
or an imprisonment not exceeding six months, on indictment in the
Court of General Sessions.

Sec. 9. All horses, neat cattle, mules, asses, sheep, hogs, dogs,
Property, wagons, carts and other vehicles used in any business; furniture
Tu^rVcd Vifd ^^^ supplies used in hotels, restaurants and other houses of public
taxed. resort ; all personal property used in or in connection with store-

houses, manufactories, warehouses or other places of business ; all
personal property on farms; all merchants' and manufacturers'
stock and capital, shall be returned for taxation, and taxed in the
city, village and town in which it is situated ; all bankers' capital
and personal assets, pertaining to their banking business, in the city,
town and village in which the banking house is located ; all shares
of stock in incorporated banks located in this State, in the city,
town and village where the bank is located ; all property of de-
ceased persons shall be returned for taxation at the residence of
the executor or administrator, if in the County where administra-
tion may be legally granted ; but if the executor or administrator
reside out of such County, at the County seat of such County,
until distribution thereof and payment be made to the parties
entitled thereto ; and all other personal property shall be returned
for taxation and taxed at the place where the owner thereof shall
reside at the time of listing the same, if the owner reside in this
State ; if not, at the residence of the person having it in charge ;
and all real estate shall be taxed in the County, cit}', ward and
town where it is located.

Sec. 10. Every person required by law to list property shall,
annually, between the first day of July and the twentieth day of
August, make out and deliver to the Auditor of the County in
which the property is, by law, to be returned for taxation a state-
ment, verified by his oath, of all the real estate which has been
sold or transferred since the last listraent of property for which he
was responsible, and to whom, and of all the personal property
Returns of po^sessed by him or under his control on the first day of July of
crty!*°^' ^^°^ ^^^^ year, either as owner, agent, parent, husband, guardian, execu-
tor, administrator, trustee, receiver, officer, partner, factor or holder,
Returns. ^^^^ the value thereof on said first day of July, at the place of
forth.^ to set j-g^m-n, estimating according to the rules prescribed by law, which
statement shall set forth :

1st. The number of horses, and their value.
2d. The number of neat cattle, and their value.

OF SOUTH CAROLINA. l-'>7

oil. The number of" mules and asses, and their value. ^- ^- ^^^•

4lh. The number of sheep, and their value. ~^ '

5th. The number of hogs, and their value.

(!th. The value of gold and silver plate, ami number of gold and
silver watches, and their value.

7th. The number of pianofortes, melodeons and cabinet organs,
and their value.

8th. The number of pleasure carriages, and their value.

JJth. The number and value of dogs.

10th. The value of goods, merchandise, moneys and credits per-
taining to his business as a merchant.

11th. The value of materials received, used, or provided to be
used, in his business as a manufacturer.

12th. The value of all machinery, engines, tools, fixtures and
implements used, or provided to be used, in his business as a
manufacturer, and of all manufixctured articles on hand one year
or more.

13th. The value of moneys, including bank bills and circulating
notes.

l-4th. The value of all credits.

15th. The value of investments in the stocks of any company or
corporation out of this State, except national banks.

16th. The value of all investments in bonds, except bonds of the
United States and this State expressly exempted from taxation.

17th. The value of all other property.

Sec. 11. Any person who shall, at any place in this State, be Mercliant?.
engaged in the business of buying and selling personal property, or
in selling personal property consigned to him from any place out of
the State, or property not the product of this State, consigned to
him from any place within this State, shall be held to be a mer-
chant, and, at the same time he is required to list his other personal
property, shall deliver to the Auditor of the County in which his
place of business is situated a statement, under his oath, of the
average monthly value of the personal property, moneys and cred-
its pertaining to his mercantile business; to ascertain which, he
shall set down the value on hand on the first day of July of the
preceding year, or other time of commencing business during the
year, add thereto all purchases, when made, at cost, ascertaiu the
average value on hand for the month, deduct the average amount
of sales for the month, at cost, and the remainder shall be the aver-
age on hand for that month; and, in like manner, ascertain the
average value for each month, down to the first day of July of the
year in which the return is to be made, add together such monthly Monthly #iilo.
values, divide the aggregate by the number of months he has beea

738 STATUTES AT LARGE

A. 1). 1S7I. j,i business during the preceding year, as aforesaid, and to llie quo-
tient add the moneys and credits on hand the first day of July of
the year in which the return is made, and the product of tliis last
addition shall be the sum upon which he .shall pay taxes for the
year in which the return is made.

Sec. 12. Every person engaged in making, fabricating or chang-
Mnnufiictiuers ing thing.s into new forms for u.se, or in refining, rectifying or com-
bining different materials for use, shall be held to be a manufac-
turer, and shall, at the same time he is required to li.st his other
property, make and deliver to the Auditor of the County in which
his place of business is situated a statement of the average value,
estimated as provided in the preceding Section, of all articles pur-
Manner of chased, received or otherwise held for the purpose of being used by

making state- ,..,.,. , . , . , ,. , r.

nient. him in his business, at any time during the year preceding the first

day of July of the year in which the return is made; and he shall
Valuation, also list, at their full value, all machinery, tools, implements, fix-
tures and engines used, or purchased for use, in his business, (except
such as have been appraised for taxation as part of the realty,)
together with all manufactured articles which have been on hand
and remained unsold for one year or more prior to the first day of
July of the year in which the return is made; also, all the moneys
and credits pertaining to said business on hand on said first day of
Proviso. of July: Provided, That all materials provided for use in said busi-
siness shall be estimated as on hand until sold, or remain on hand
in a manufactured State for one year.

Sec. 13. The road bed, right of way, station buildings, toll
Turnpike houses, Structures, tools, machinery, poles, wires, fixtures, vessels and
t'eiefe'i;a|)ii and real estate owned and necessarily in daily use by any railroad, turn-
companies, pike, plank road, bridge, telegraph, canal or slack water navigation
company, in the prosecution of its business, sliall, for the purposes
of this Act, if the company be organized in this State, be held to
be personal property, and the President, Secretary, or principal
accounting officer thereof, shall include the value thereof in ihe
return of the other personal assets of such company for taxation;
Time for which return shall be made in the month of July, or before the
tnrn?.'"^ ^'^' twentieth of August, annually, to the several Auditors of the Coun-
ties in which such road, canal, bridge, telegra{)h line or slack water
navigation company may be situate, according to the value of such
property in each, together with a statement of the amount of such
A9.scts. assets situate in each city, town, village or ward in said Counties,

respectively; and the value of the movable assets of such company
shall be apportioned to each town, city, ward or village in propor-
tion to the value of the road bed, canal, slack water navigation,
bridge or telegraph line in each.

OF SOUTH CAROLINA. 739

Sec. 14. The President aud Secretary of every railroad company '^- •'• '**"^'
whose track or road heil, or any part tjjereof, is in this State shall, ,.^ "^T"

_' . Hailroauij,

animally, l)et\veen the first of July and twentieth of August, return

to the Comptroller (leneral, under their oaths, the total length rreHdcni

thereof in each County, city, town and incorporated village in this to mjikf r--

State ; the total length of their double track in this State, and the troi'icr^Jencnil

length thereof in each County, town, city and incorporated village

of this State ; the total length of all their side tracks, and the length

thereof in each city, County, town and incorporated village in this

State; the location and value of all their shops, depots, grounds,

station houses, wood and water stations, buildings, stationary engines,

tools, implements and fixtures in South Carolina, and all other

real estate necessary to the daily running operations of the road ;

the number and value, each, of all their locomotive engines,

passenger, freight, platform, gravel, construction, hand aud other

cars; the value of their moneys and credits; the total value

of the entire road appurtenances and equipments, and the total

value of said road in South Carolina, with its appurtenances and

equipments.

Sec. 15. The President and Secretary of every railroad company Returns to
1 • 1 ■ 1- ri • 1 11 1 11 1 County Audi-

mentioned in tlic preceding Section shall also, annually, between tors.

the first of July and the twentieth of August, return to the County
Auditor of each County in South Carolina through or into which
such road, or any part thereof, may be located, a statement of the
value of said road, and the property of the company in said
County, and in each of the towns, cities and villages of said
County, through or into which said road, or part thereof, is located,
in the manner and form required by this Act in the return to the
Comptroller General.

Sec. 16. In ascertaining the value of the road and property Valuation?,
of any railroad company, the value of the right of way, bed and
track of the whole road shall be fixed, and such value apportioned
pro rata to each mile of the main track ; and to the value of the
number of miles of main track in each town, city and incorporateil
village of each County in this State through and into which said
road is located shall be added the value of the real estate, fixtures,
stationary engines, tools, implements, machinery and other sta-
tionary property provided for use in the daily operations of the
road situate in said town, city or village ; and the total value of
the rolling stock, moneys and credits shall be apportioned pro
rata to each mile of the main track of saiil road, and the amount
thereof, according to the number of miles of main track in each
town, city and village in this State, added to the value of the
main track in such town, city and village, respectively; and the

740 STATUTES AT LARGE

A. D. 18.4. aggregate value of said road and property in this State, and in
each County, city, town and incorporated village of this State,
through or into which said road is located, shall he stated in said
return.

Sec. 17. The return and oath, required by this Act, of officers of
Form of railroad companies shall be made in such form as shall be pre-

returns. . * *^

scribed by the Comptroller General.

Sec. 18. If any railroad, its appurtenances, equipments, &c.,
Receiver? to shall be in the hands of a receiver or other officer, such receiver or

make returns.

other officer shall make the returns required by this Act.

Sec. 19. The Comptroller General, or auy person appointed by
Comptroller him for that purpose, may put anv Question, in writintr, he may

General. • offi- . m ' " . ' -V •,

ciai powers. deem proper to any officer, agent or receiver of any railroad com-
pany having any portion of its track in this State; and he may
summon any officer, receiver or agent of such compan\- to a[)pear
before him and testify, under oath, (which oath said Comptroller
General is authorized to administer,) touching such railroad com-
pany's property, and the management and disposition thereof; and
he may, by himself, or some person appointed by him, examine
the books and papers of such company, in the hands of the com-
pany, or any of its officers, agents or receivers; and all such
officeue, agents and receivers shall answer, under oath, all such
questions as shall be put to them, or either of them, by said Comp-
troller General, or any person appointed by him for that purpose,
relative to the condition, amount and value of said company's
property and the management or disposition thereof; and if any
such officer, receiver or agent shall refuse or neglect to appear
before said Comptroller General, or the person appointed by him,
or to answer any question put to him or them, as aforesaid, or
submit the books and papers aforesaid for examination, in manner
aforesaid, he shall be deemed guilty of a misdemeanor, and, upon
indictment and conviction therefor in the Court of General Ses-
sions for any County, (which Court shall have complete and full
jurisdiction in all such cases,) shall be fined in any sum not ex-
ceeding five thousand dollars, and costs of prosecution, and confined
in the jail of said County until he answers all questions which may
be put to him by the Comptroller General, and until said fine and
costs be paid.

Sec. 20. The Treasurer of the State, Secretary of State, Comp-
troller General and Attorney General of the State shall constitute
State Board ^ State Board of Equalization, (a majority of whom shall constitute

tk.nf^° *''**" a quorum for the transaction of business,) who shall meet at the office
of the Comptroller General, at the capital, on the second Wednesday
of September, annually, or as soon thereafter as the Comptroller

OF SOUTH CAROLINA. 741

General shall notify said Board that the returns of the several rail- -^- ^- '^"^•

road companies have been filed in his office, and equalize the value ''

of tiie property of railroad companies whose roads arc wholly or

partially in this State, as returned to the Comptroller General,

under the provisions of this Act, by increasing the value of the

roads and property of such companies as shall have been, in their

judgment, returned at too low a valuation, and diminishing the

values of such as may have been returned at too high a valuation.

They shall keep a record of their proceedings, which shall be signed D.uie-.

by all the members present and deposited with, and kept by, the

Comptroller General ; and a majority of the members present shall

be competent to decide all questions which may come before said

Board.

Sec. 21. The Comptroller General shall certify to the County Certificates

... ., 1 , ;; to c o u n ty

Auditor of each Countv in which anv railroad, or part thereoi, A u d i tore by

, , , , , " . /. -1 " 1 • -in i C o m J) t roller

may be located tlie valuations oi railroad property in said Lounty, (ieuerai.
as returned to him, with all additions made to, or deductions from,
the valuation of the property of any railroad company in said
County by the State Board of Equalization ; and the County
Auditor shall charge the railroad company in the several cities,
towns and incorporated villages of their County, for taxation, with
the valuations returned by such company or companies, after add-
ing thereto, or deducting therefrom, the amounts directed by the
Comptroller General.

Sec 22. If any railroad company, or its officers, shall fail to Fiiiiurc of

11 /-I 11 I /-I r.iilroad coiu-

make the returns to the Comptroller General and to each County punies to make

... , ^, .... -11 1 c return?.

Auditor in each County in which any railroad, or part tnereoi, may
be located, as required by this Act, on or before the 20th day of
August annually, the State Board of Equalization shall proceed to
ascertain the value of said company's road and property, according
to the principles prescribed in this Act, from the best information
they can conveniently obtain, and add thereto fifty per centum as Penalty,
penalty, and apportion the same to the several Counties, towns,
cities and incorporated villages through or into which said road, or

,,,.^ 1I/-1 Comptroller

any part thereof, may be located; and tne Comptroller General tienemi to cer-

. ,. .« , 1 1 ri .1- 1 1 II »'f> to County

shall certify the same to the several County Auditors, wlio shall AuJitors.
place the same on their duplicates fi)r taxation.

Sec. 23. Any person or persons, company or corporation, engaged Expre!.-s an.i

, , . % • . r .1 I .1 ■ Cf * teU-Bniphcom-

in the business of conveying to, from or through this btate, or panics,
any part thereof, moneys and other personal property shall be
held to be an express company; and any person or persons, com-
pany or corporation, engaged in the business of transmitting mes-
sages to, from or through this State, or any part thereof, shall be
held to be a telegraph company; and any such company, having its
49

742 STATUTES AT LARGE

A. D. lfiT4. principal office out of this State, shall, annually, in the month of
^ July, or before the twentieth of August, by it.s principal agent in

Returns to be tliis State, make out and deliver to the Comptroller General a state-
troUer Genelfii DQeut, under oath, showing the value of all its personal property in
this State, including poles, wires, batteries, machinery, materials and
apparatus, and the Counties, cities, towns and incorporated villages
in which the same may be situate, together with the gross
earnings of said company in this State, for business done in
this State the year ending the first day of that month, and the com-
pany's proportion of receipts for business done in connection with
the lines of other companies out of this State; and which statement
shall show the value of said property and receipts in each County,
town, city and incorporated village in which such company has an
agency or agencies, and from which aggregate shall be deducted,
by any such telegraph company, the expenses of the office in this
State, to which all other agencies of the company in this State are
required to make returns, except rents and officers' salaries; and
which statement shall also show the aggregate value of the property
and receipts aforesaid, after making the deduction aforesaid in each
County, city, town and incorporated village in which such company
may have an agency or agencies; and said company, by its princi-
pal agent, shall, also, between the first of July and twentieth of

Retnrnstobe August, annually, deliver to the Auditor of each County in this

made to Conn- o^ ^ • i r^ *. i. u

ty Auditors. State lu whose County such company may have an agency or
agencies a statement of the proportion of the net value of the prop-
erty and receipts aforesaid, showing the amount thereof in each town,
city and incorporated village in which it has any agency or agencies;
and said company shall be charged on the duplicate of each of said
Counties with taxes on the amount so returned in each town, city
Proviso. and village aforesaid: Provided, That ordinary transportation com-
panies, engaged exclusively in the transportation of merchandise
over the railroads and canals of this State, in connection with other
roads, canals or lines of navigation, shall not be considered express
companies within the meaning of this Act.

Sec. 24. If any express or telegraph company shall fail to make
Failure to and deliver to the Comptroller General the statement required by

ma ere urns, ^j^.^ j^^^ ^^^ ^^ before the twentieth day of August annually, such
company shall forfeit and pay to the State of South Carolina five
hundred dollars as a penalty, and the Comptroller General shall
certify the fact of such failure to the Auditor of any County in this
State in which said company may have an office or an agent, and
said Auditor shall place the same on the duplicate of said County;
and if any express or telegraph company shall fail to make to the
Auditor of any County in this State the statement required by this

OF SOUTH CAROLINA. 740

Act on cr before the twentieth day of Auj^ust of any year, such ^- ^- '^^•
County Auditor shall notify the Comi)trollor General thereof; and ~^"^^~
if the Comptroller General shall have received from said company
the statement required by this Act to be made to him by said com-
pany, he shall certify the amount returned as in said County to such
County Auditor, and add thereto, as penalty, the sura often dollars, Penuity.
which shall be charged to said company on the duplicate of said
County collected and paid over to the State Treasurer in the same
manner herein provided as to the penalty for not making the return
to the Com[)trollor General : Provided, That if any express or tele- Proviso,
graph company shall fail to return tlie statement required by this
Act to the Comptroller General, and the Comptroller General shall
certify such failure to any County Auditor, such County Auditor
shall proceed to ascertain the gross receipts of each agent of said
compan)' in his County for tlie year emliug the first day of July of
that year, together with the value of all other property of the com-
pany in his County, add fifty per cent, thereto as penalty, and
charge the compan}- with taxes thereon, at the several localities
required by this Act, without any deduction for expenses paid out
by the company. And if any such company shall have no principal
office or agency in this State to which the other agents in this State
are required to make return, each agent thereof in any County shall
make return in the month of July, or before the twentieth of August,
annually, of the gross receipts of his agency for the year ending the
first day of that month, with the value of all other property of the
company in. the city, village or town in which his agency is situate,
and the County Auditor shall charge the company with taxes
thereon at the same rates as other property in the same localities;
and if such agent or agents refuse or neglect to make such return,
the County Auditor shall ascertain the amount of such gross receipts
and value of property, add fifty per cent, thereto as penalty, and
charge such company with taxes thereon at the same rates charged
other property at the several localities where such property may be
situate and such agencies located.

Sec. 25. All returns required by this Act to be made by express
and telegraph companies having their principal offices out of this Form of

State shall be made in such form as the Comptroller General shall "*^'
prescribe; and the Comptroller General is authorized to require Comptron.r

1 ,1. .. 1 i.»»i ••! (icncnil to rc-

answers, under oatli, to any questions lie may put to the principal, ,,„iro nnswr^
or any other agent, of any of said companies in this State, and to ,ierT):i"h.' ^^
examine any of such agents, under oath, relative to the property and
affairs of such companies, and the management thereof, which oath
he may administer; and if any such agent shall refuse tD submit
to such examination, or refuse or neglect to answer any such ques-

744 STATUTES AT LARGE

A. D. 1874. tions, he shall be deemed guilty of contempt of the Comptroller
,-,,,, General, and the Comptroller General may certify the fact to the
Court of General Sessions of any County in this State, which shall
issue a warrant for the arrest of such agent, in the name of the
State of South Carolina, directed to the Sheriff of such County,
who shall arrest such agent anywhere in this State and take him
before said Court of General Sessions, and, upon hearing and con-
Penaity. viction, such agent shall be fined by said Court in any sum not ex-
ceeding five hundred dollars and costs, and be confined in the jail
of the County where tried until such fine shall be paid and answers
be given to all such questions as the Comptroller General may pro-
pound to him.

Sec. 26. Each agent in this State of any insurance company or-
Insuranoe ganized under the laws of any other State or country, and doing

nsents to make , . . , . ^ i i, n • i i '^ t i i

leturns. busiuess lu this State, shall, annually, in the mouth or July, or be-

fore twentieth of August, return to the Auditor of the County in
which such agency is located a sworn statement of the gross re-
ceipts of such agency for the year ending on the first day of that
mouth, including all notes, accounts and other things received or
agreed upon as a compensation for insurance at such agency, to-
gether with all the value of any personal property of said company
situate at such agency; and the company shall be charged with
taxes, at the place of said agency, on the amount so returned ; and
ReBpon si- the agent shall also be personally responsible for such taxes, and

>>ility of agents. ^--u-ii cc • ^ ^ c ^\.

may retain in his hands a surhcient amount or the company s assets

to pay the same, unless the same shall be paid by the (.-ompany.

Sec, 27. Every insurance company organized under the laws of

Returns— this State shall return all its personal property, moneys, credits,

aiade. (including notes taken on subscription of stock,) investments in

bonds, stocks, securities and assets of every kind, for taxation at

the place where its principal office is located.

Sec. 28. Any company or corporation organized under the laws
Corporations of this State, and owning property in any other State or country, as

owning prop- ...„ ^ ^^ ^ ■ 1 • -./.

»^rty outride weJl as in this State, shall not be required to return its capital tor
the State. , • • , • o i , n i -

taxation in this btate, but shall return such property as it owns in

this State, and such proportion of the value of its other property

as, if owned by the individual residents of this State, would be

taxable in this State; and if such return be made by such company,

the shareholders therein shall not be required to return their shares

for taxation.

Sec. 29. A corporation organized under the laws of th-s State,
but owning no property in this State, shall not be required to return
its capital for taxation in this State.

Sec. 30. All companies and corporations, whether organized under

OF SOUTH CAROLINA. 745

the hiws of this State or not, llir inaniier of listing whose personal ^- "• '*^'-
proi)ertv is not otherwi.se fi)eci(ioallv provided for hy hiw, shall list ,. '
for taxation all their personal and real property and efKicts at the wiiiiiicrorunr.
.same time, in the same manner, and in the same localities as indi- i.-" "« "<" tl>if^

^ Miiltr or n o I.

vidiials are rc(|uirod to list similar proi)ertv and effects for taxa- iiii'»ie to uxa-
tion.

Sec. 31. Any company incorporated under a joint charter granted Companies

•^ ' •' ' ... «rK)ini/,e<l uii-

by this and some other Slate or States, and the manner of taxing tier joint chin -

iur.'<.

which, or the amount upon which it shall be taxed, or the specific
proportion of its capital or property upon which taxes shall be as-
sessed in South Carolina is prescribed or fixed in its charter, shall
be assessed for taxation and taxed as prescribed in this charter until
otherwise legally provided.

Sec. 32. All shares of the stockholders in any l)aiilc or banking Bank stoiky.
association located iu this State, whether now or hereafter incor-
porated or organized under the laws of this State or of the United
States, shall be listed at their true value in money,' and taxed in the
city, ward, town or incorporated village where such bank is located,
and not elsewhere: Provided, That the words "true value iu I'loviso.
money," as used in line four of this Section, shall be so construed
as to mean and include all surplus or extra moneys, capital and
every species of personal property of value owned or in the posses-
sion of any such bank.

Sec. 33. The real estate of any such bank or banking associa- Real estate i.f
tion shall be taxed in the place where the same may be located, the
same as the real estate of individuals.

Sec. 34. There shall, at all times, be kept in the office where the Uank^ to
business of such bank or banking association is transacted a iiili stoekiioi.ier.-:.
and correct list of the names and residences of the stockholders
therein, and the number of shares held by each; also a list of all
persons, parties, corporations or agents who may at any time have
any deposit, either personal or general, in such bank, which shall
be at all times, during business hours, open to the inspection of all
State an<l County officers who are, or may be, authorized to list or
assess the value of such shares for taxation.

Sec. 35. It shall be the duty of the President and Cashier of Duties of
every such bank or banking association, between the first of July " '""'"■
and twentieth of August, annually, to make out and return, under
oath, to the Auditor of the County in which such bank or banking
association may be located, a full statement of the names and resi-
dences of the stockholders therein, with the number of shades held
by each, and the actual value, in money, of such shares, together
with a description of the real estate owned by said bank.

Sec. 36. The Auditor of the County in which any such bank or

746 STATUTES AT LARGE

A. D. 1S74. banking association may be located, upon receiving tlie return pro-
'^C fVided for in the thirty-fifth Section of this Act, shall deduct from

Duties of •' ' ^

County Audi- jjie actual total value of the shares in any such bank or banking

tors. ■' "^

association the appraised value of the real estate owned by such bank
or banking association, as the same stands assessed on the duplicate,
and the remainder of the total value of such shares shall be entered
on the duplicate of the County, in the names of the owners thereof,
in amounts proportioned to the number of shares owned by each, a.s
returned on t^aid sworn statement, and be charged with taxes at the
same rate as charged upon the value of other personal property at
the place where such bank or banking association is located.

^EC. 37. Any taxes assessed on any such shares of stock, or the
Assessments value thereof, in manner aforesaid, shall be and remain a lien on
icDs u'n til such shares from the first day of July in each year until such
.i.\e»are pai . ^^^^^ ^^^ paid; and in case of the non-payment of such taxes, at
the time required by law, by any shareholder, and after notice re-
ceived of the County Treasurer of the non-payment of such taxes,
it shall be unlawful for the Cashier or other officer of such bank or
banking association to transfer, or permit to be transferred, the
whole or any portion of said stock until the delinquent taxes
thereon, together with the costs and penalties, shall have been paid
in full ; and no dividend shall be paid on any stock so delinquent
so long as such taxes, penalties and costs, or any part thereof,
remain due or unpaid.

Sec. 38. It shall be lawful for any such bank or banking associa-
Banks may tiou to pay to the Treasurer of the County in which such bank or
shares. banking association may be located the taxes that may be assessed

upon its shares, as aforesaid, in the hands of its shareholders, re-
spectively, and deduct the same from any dividends that may be
due, or may thereafter become due, on any such shares, or deduct
the same from any funds in its possession belonging to any share-
holder, as aforesaid.

Sec. 39. If any bank or banking association shall fail to make

out and furnish to the County Auditor the statement required by

the 35th Section of this Act, within the time required herein, it

E xamination shall be the duty of said Auditor to examine the books of said

of books and iiii. '-ix • az i.

i.fficers. bank or banking association, also to examine any oiticer or agent

thereof, under oath, together with such other persons as he may
deem proper, and make out the statement required by said 35th
Section, and enter the value of said shares on the duplicate for tax-
ation. Any bank officer failing to make out and furnish to the
County Auditor the statement, or willfully making a false state-
PenRity for meut, as required in this Act, shall be liable to a fine not exceeding

failure to make , , , n i -in i i

return. one thousand dollars, together with all costs and other expenses

OF SOUTH CAROLINA. 747

incurred by the Auditor, or other proper officer, in obtaining such ' ' '
statement aforeisaid.

Sec. 40. All unincorporated banks and bankers shall, annually, Returns of

I 1 /» /• T 1 1 1 • • 1 /• A 1 " , II n i n f orpora-

uetween the nrst or July and thirtieth or August, make out and led baaks.
return to the Auditor of the proper County, under oath of the
owner or principal officer or manager thereof, a statement setting
forth :

1st. The average amount of notes and bills receivable discounted, Form of

° , . ftiitemenL

or purchased in the course of business by such unincorporated bank
banker or bankers, and considered good and collectible.

2d. The average amount of accounts receivable.

3d, The average amount of cash items in possession or in transit.

4th. The average amount of all kinds of stocks, bonds or evi-
dences of indebtedness held as investment, or in any way represent-
ing assets.

5th. The average amount of real estate, at its assessed value for
taxation,

6th, The average amount of all depositji made with them by
other parties.

7. The average amount of accounts payable, exclusive of current
deposit accounts,

8th, The average amount of government and other securities,
specifying the kind that are exempt from taxation.

9th. The amount of capital paid in or employed in such banking
business, together with the number of shares or proportional inter-
est each shareholder or partner has in such association or partner-
ship.

From the aggregate sum of the first five items above enumerated, Duties of
the said Auditor shall deduct the aggregate sum of the fifth, sixth,
seventh and eighth items, and the remainder thus obtained shall be
entered on the duplicate of the County in the name of such bank,
banker or bankers, and taxes thereon shall be assessed and paid,
the same as is provided for other property as assessed and taxed in
the same city, ward, town or incorporated village.

Sec, 41. The average provided for in the preceding Section shall Manner of
be obtained by adding together the amounts of each item above Hvenige;'.
specified owned by or standing on the books of such bank, banker
or bankers on the first day of each mouth of the year ending the
last day of June in the year in which the return is made, and
dividing the same by the number of months in the year: J'rovided, i»rovisoi>.
That in cases where such bank, banker or bankers C(Humonced
business during the preceding year the division shall be made by
the number of months elapsed after the coraraencement of such

748 STATUTES AT LARGE

A. D. 1874. business: Provided, That all fractions of a month shall be counted
' as a month.

Sec. 42. Every company, association or person not incorporated
Unincorpora- Under any law of this State, or of the United States, for banking

ted companies. i i ii i „. ,1 ,. 1 • ^

purposes, who shall keep an omce or other phice or business, and
engage in the business of lending money, receiving money on de-
posit, buying and selling bullion, bills of exchange, notes, bonds,
stocks or other evidences of indebtedness, with a view to profit,
shall be deemed a bank, banker or bankers, within the meaning of
the provisions of this Act.

Sec. 43. The County Auditor shall have the same powers to eu-
Powcr of force correct returns from bank officers and bankers, to examine

County Audi- . i/. 1 • ■, 1 , , ■ • ■, n.

tors to enforce Witnesses and eniorce their attendance, and have the same aid of

rctums

the Court of General Sessions of the County as is provided by law
in cases where individuals fail to list their property for taxation, or
are suspected of having made false returns; and In all cases of fail-
ure to make returns under this Act, or in a case of false return by
any unincorporated bank, banker or bankers, the Auditor shall
ascertain the true amount, as .near as may be, add fifty per cent.
Penalty for penalty thereto, and charge the party or parties with the taxes on

returns. * the amount so ascertained by him, with the penalty aforesaid ; but

in cases of unintentional mistake in making the return, the true

amount only shall be charged against the parties, without penalty.

Sec. 44. Every pawnbroker, person or company engaged in the

Pawnbrokers busiuess of receiving property on pledge, or as security for money

turns.' or other thing advanced to the pawner or pledger, shall, annually,

in the month of July, or before the thirtieth of August, return,
under oath, to the Auditor of the County in which his place of
business is located, the average monthly value of all property
pawned or pledged to him during the year ending July first of the
year in which the return shall be made, or, if engaged in the busi-
ness for less than a year prior to said first day of July, then for
such shorter period ; and such average shall be ascertained by the
rule prescribed in this Act for ascertaining the average value of the
property of merchants, and taxes charged on such average value as
upon other property at the same place.

Sec. 45. Any person claiming not to have any property shall.
Persons upou the demand of the Auditor, make oath to the fact that he has

n 0 n - property uo property; and if he refuse to make such oath he shall be deemed

quired to make guilty of Contempt of the Auditor, and, upon complaint of such
Auditor to the Court of General Sessions of the County, shall be
arrested and confined in the jail of the County until he answers
such questions, under oath, as may be propounded to him by such
Auditor, and pay the costs of the proceeding.

OF SOUTH CAROLINA. 749

Sec. 46. The proceeds of mines and mining claims shall be ^^- '^- '^"'•
assessed and subject to taxation. .,.

*' _ Mint'.".

Sec. 47. The Comptroller General shall prescribe the forms of
all returns of taxation, and of the oaths that shall be made thereto, , Comptroller

(leneriil to pre-

and transmit the same to the several County Auditors; and any f-rib.; form- of
return made in any way varying therefrom shall not be regarded
as a return.

Sec. 48. If any person shall refuse or neglect to make out and Fniiuro to

•' ' ° _ make returns.

deliver to the Auditor a statement of personal property, as provided
by this Act, or shall refuse or neglect to make and subscribe an oath
as to the truth of such statement, or any part thereof, or in ca.se of
the sickness or absence of such person, the Auditor shall proceed to Duties of
ascertain, as near as may be, and make up and return a statement
of the personal property, and the. value thereof, with which sucli
person shall be charged for taxation, according to the provisions of
this Act; and, to enable such Auditor to make up such statement,
he is authorized to examine any person or persons, under oath, and
to ascertain, from general reputation and his own knowledge of
facts, the character and value of the personal property of the per-
son thus absent or sick, or refusing or neglecting to list or swear;
and said Auditor shall return the lists so made up by him endorsed
"Refused to List," or "Refused to Swear," or "Absent," or "Sick,"
as the case may be, ad nin his return, in tabular form, shall write
the same words opposite the names of each of the persons so refus-
ing or neglecting to list or swear, or absent or sick.

Sec. 49. If any person shall fail to list the personal property he Penalty for

. , , , ^ ,. . \ , I 1 -^ failure to lists.

IS required by law to list in any one year, and the same escapes
taxation for that year, the value thereof shall be charged against
him for taxation in any subsequent year, with fifty per cent, pen-
alty added thereto, and the taxes and penalty collected as in other
cases.

Sec. 50. All real and personal property shall be valued for tax- Mo.io of :i~-

. I • 1 • 11 I • eertainiiiK val-

ation at its true value in money, which, in all cases not otherwise uation.s.
specially provided for in this Act, shall be held to be the usual
selling price of similar property at the place where the return is to
be made; and if there be no usual selling price, then at what is
honestly believed could be obtained for the same, at a fair sale, at
the place aforesaid ; but each parcel of real property shall be
separately appraised, witliout reference to the value of any growing
crops thereon.

Sec. 51. The following articles of personal property shall be Personal

1 1 r> • ^ 11 • »i 1 1 " I -n J property tax-

valued tor taxation as lollows, to wit: iMoncy, bank bills, and able,
other bills lawfully circulating as money, at the par value thoroof;
credits, at the amount payable on the face of the contract, instru-

750 STATUTES AT LARGE

A. D 1S74. nient or account, uuless the iJi-iiK-ipal be payable at a liiture time
*" without iuterest; theu, at the sum payable, less the lawful interest

thereon, for any term of credit not exceeding one year; contracts
for the delivery of specific articles, at the usual selling price of
such articles at the time of li.-^ting; leasehold estates held for any
definite term, at the yearly value thereof to the lessee; annuities,
at the yearly value thereof to the owner at the time of listing.
All leasehold estates, held on perpetual lease, or for a term certain,
renewable forever at the option of the lessee, shall be valued at the
full price of the land, and continue to be taxed at such value to
the end of the term. When the fee of the soil in any tract or lot
of land is in one person, and right to any minerals therein or
structures thereon in another, the proceeds of the minerals and said
structures shall be valued and taxed as personal property to the
owners thereof respectively.

Sec. 52. Each Auditor shall, on or before the twentieth day of

County An- September, annually, make out, in tabular form and alphabetical

ditors to make ii-/.i" n ^ i . i

list of names of order, a list 01 the names oi the several persons, companies and
corporations in whose names any personal or real property shall
have been listed, giving the first Christian name of the several
persons; and he shall enter separately, in appropriate columns,
opposite each name, the aggregate value of the several species of
property mentioned in this Act, making separate lists of the
property listed as taxable in incorporated villages, cities and
wards, and that listed as taxable out of cities, wards and incorpo-
rated villages, all of which columns shall be accurately added up
and footed; and, at the same time, file and preserve in his office
statements of property listed by him or received by him from
others.

Sec. 53. Each Auditor shall, annually, at the time of taking
County Au- the list of personal propert}', also take a list of all real property
*■ in the County subject to taxation which shall not have been
previously listed; and of all new structures, of the value of one
hundred dollars or more, not previously listed; and of all old
structures, of the value of one hundred dollars or more, which
were destroyed during the previous year, and affix a value thereto,
with a description of the land or lot on which the same was or is
situate, endorse his affidavit thereon that the same is correct, that
the valuations therein stated have been made according to the
rules prescribed by this Act, and return the same with the names
of the owners respectively; and if the owner of any such new
structure shall be the owner of the land on which it is situate, or
of a permanent leasehold estate therein, the County A uditor shall
add to, or deduct from, the value of the land or lease, as the case

OF SOUTH CAROLINA. 751

may lie, as the .-^ame may stand on the (liiplicale, the vahic of such •'^- ''• '""'•
struetlire so rctiinn'd: I'rovidcd, That thi; Auditor shall not deduct '

any greater amount lor the de.struetion of any structure than wa.s
previously charged for the same on the duplicate.

Sec. 54. It shall be the duty of each Auditor to .state, in the Aii<li»on< may

, „ , . , , . add to value,

column or remarks, opposite eacii taxpayer .s name, ni the return and notify inx-

111- . 1 • 1 1 1 1- 1 . 1 1 1 1 1 X I>ft>or»ofi<ann:.

made by iiim, any amount whicii he believes ought to be added to
the valuation of the property listed by such taxpayer, his agent
01- other person, of which written notice shall be given by the
Auditor to such person at least fifteen days before the meeting of
the Board of E(]ualization. It shall also be his duty, at any time
after his return, if he ascertain that any personal property in his
County has not been listed, to list the same, and make return
thereof, with the valuation thereof as fixed ])y the owner or him-
self, and the name of the owner or person to whom it is taxable,
and the Auditor shall charge the same on the duplicate for
taxation, adding fifty per cent, to the value, as returned, as
penalty.

Sec. 55. Any person, company or corporation commencing any Personscom-

, . . " . ^ J mencing busi-

busincss in any County of tiiis State after the first day of July in nes-> shall re-

1 •. 1 , , 1 •,-,■, 11 f'""' t" County

any year, the capital or personal property employed in which shall Auditors,
not have been previously listed for taxation in said County
for such year, shall, within thirty days after commencing such
business, report to the Auditor of the County, under oath, the average
amount of the capital intended to be employed in such business,
from the time of its commencement, to the first day of July next
ensuing; and upon making satisfitctory proof to said Audit(^r that
such capital or property has been regularly listed for taxation in
some other County in this State, said Auditor shall file report and
proofs in his ofiice, and give to the party a certificate that he or
they have complied with the provisions of this Section, and are not
liable to taxation in his County on such capital or property for the
then current fiscal year. But if he or they shall not satisfactorily
prove that such capital or property has been previously listed for
taxation in some County of this State, said County Auditor shall
charge him or them ou his duplicate with such proportion of all
taxes levied on others upon similar cajiital or property, at the place
of the business, a.s the time from the commencement of the business
to the ensuing first day of July beai-s to one year.

Sec. 56. It shall be the duty of each County Auditor to ascertain Auditors to

.1 ,•11 ■ 1 ■ • 1 • /I a.-iierlain the

tlie names oi all persons c<unmencing any business m his County n:iin<"* of por-

..,,», ,• T 1 n 1 ' -1 ' ."o"^ ooniiiuMu—

alter the iirst day ol -Julv, aiinnallv, whose capital or property em- i n » l.nsiiipfs

1 1 • I I • 1- 1 ,• • • 1 • / 1 ' I' altor Ist Julv,

jjloyed in sueli liusiness was not listed tor taxation in his County tor nnnuaily.
the then current fiscal year.

752 STATUTES AT LARGE

A. D. 18,4. Sec. 57. If any person, company or corporation shall commence

Pcnuitv for ^°^' business in any County of this State after the first day of July

v''orT To m- ^" ^"^' year, the capital or property employed in which shall not

menceinent ..f have been previously listed for taxation in said County, and shall

business to ,^ •' •''

Auditor. not, within thirty days thereafter, make such report to the Auditor

of said County as is required in the fifty-fifth Section of this Act,
he or they shall forfeit and pay the sum of one hundred dollars,
which shall be collected by civil action in the name of the County
Commissioners, and paid into the County treasury for the exclusive
benefit of the County. And process in such case may issue out of
the Court of Common Pleas of the County in which such business
was commenced, directed to the proper officer, and be served in any
County of this State.

Sec. 58. It shall be the duty of each County Auditor to make
Auditors to out, from the maps and descriptions in his possession, and from such
sc'riptions of Other sources of information as shall be in his power, a correct and
r e a 1 property pertinent description of each tract and lot of real property in his
tive Counties. County ; and, when he shall deem it necessary to obtain an accurate
description of any separate tract or lot in his district, he may re-
quire the owner or occupier thereof to furnish the same, with any /
title 'papers he may have in his possession; and if such owner ?
or occupier, upon demand made for the same, shall neglect or re-
fuse to furnish a satisfactory description of such parcel of real prop-
erty to such Auditor, he may employ a competent surveyor to
make out a description of the boundaries and location thereof and
a statement of the quantity of land therein ; and to the expense of
such survey the Auditor of the County shall add the tax assessed
upon such real property, and it shall be collected by the Treasurer
of the County with such tax, and, when collected, shall be paid, on
demand, to the person to whom the same is due.

Sec. 59. For the purpose of enabling the Auditor to determine
Auditor? may the value of buildings and other improvements, he is hereby au-

enter buildings , . , n ^ n • n i -i i- i

for purpose of tliorized to enter and luUy to examine all buildiugs and structures,

making valua- n , i-i in- i-i ii i

tions. 01 whatever kind, except dwellings, which are not by law expressly

exempted from taxation.

Sec. 60. The Auditor, at the time of making the assessments of
Auditors to other real estate for taxation, shall enter in a separate list pertinent

make 1 i s t of . . ' • , ,

property ex- descriptions of the real estate exempt from taxation by law, with

empt from tax- , . i i i • i /. , • i i i i

ation. the valuation thereor made by himselr, determined by the rules pre-

scribed by law, and designating the owner of each several parcel :
Provided, If the name of the owner of any tract or lot shall be
unknown, the word "unknown" shall be entered in the column of
names opposite said tract or lot.

Sec. 61. The Judges of the Circuit Courts of this State shall, on

OF SOUTH CAROLINA, 753

or before the first day of July next, and every fifth year tliereafter, ^- '^- '**'•*•
appoint three intelligent tax-paying citizens in each of the Counties '

of their respective Circuits, who, with the County Auditor and
County Treasurer, shall form a County Board, for ihe equalization County Board
01 the property or their respective Counties, with the exception of tion.
the real property in the city of Charleston, which shall be
equalized by a Special Board, as is herein provided, and such
Board shall organize by the election of a Chairman, and any two
of them shall constitute a quorum for the transaction of business,
and the County Auditor shall be the Clerk thereof. Such Board
shall meet as often as the Chairman, or a majority thereof, shall
direct, at the Auditor's office in the several Counties, when the
County Auditor shall lay before them the returns of the real prop-
erty made by him, with the addition he shall have made thereto,
and, having each taken an oath, before some officer duly qualified
to administer the same, fairly and impartially to equalize the value
of the real estate of such County, according to the provisions of
this Act, they shall immediately proceed to equalize such valua- Uuties of

, - , , ,, , 1 , T • Board.

tion, so that each tract shall be entered on the tax list at its true
value. They shall hear all grievances, and any person whose prop-
erty has been assessed above its true value, not only in assessments
already made, but in those hereafter to be made, who cannot secure
relief from said Board, shall have the right to appeal to the Comp-
troller General of the State, to whom shall be forwardeol all the
testimony relative to such alleged grievance; and the said Board
shall receive such compensation for their services, out of the
County Treasury, as the Circuit Judge shall direct, not exceeding
three dollars (S3) per diem for the time actually employed thereon ; Compensution.
and, for the purpose of performing the duties herein required, shall
observe the following rules:

1st. They shall raise the valuation of such tracts and lots of Further ilu-
real or personal property as, in their opinion, have been returned
below their true value to such price or sum as they may believe
to be the true value thereof, and due notice shall be given to the
owner or agent of such property.

2d. They shall reduce the valuation of such tracts and lots or
personal property as, in their opinion, have been returned above
their true value, as compared with the average valuation of the
real property of such County, having due regard to the relative
situation, quantity of soil, improvement, natural and artificial
advantages, possessed by each tract or lot of real property.

3d. They shall not reduce the aggregate value of real and personal
property of the County below the aggregate value thereof as re-
turned by the County Auditor, with the addition made thereto by said

754 STATUTES AT LARGE

A. D. 1874. Auditor, as hereinbefore required. The County Auditor shall keep an
accurate journal or record of the proceedings and orders of said Board.
Sec. 62. There shall be a Special Board for the equalization of
Special Board the real and personal property, moneys and credits in the city of
tion of ci'ty^'of ^'^'^''l^ston, to be composed of the County Auditor and six citi-
zens of said city, to be appointed by the City Council of said city,
which Board shall meet annually, at the Auditor's office of said
County, on the first Monday in September, and shall have power
to equalize the value of the real estate and personal property,
moneys and credits within said city, and shall be governed by the
rules, provisions and limitations prescribed for the government of
annual County Boards for the equalization of real and personal
property, moneys and credits; but said Board shall not continue its
sessions more than tvvo weeks in one year. The County Auditor
shall add to, or deduct from, the value of the real estate or per-
sonal property such per centum, in villages, towns, wards, blocks
or other districts, as may be ordered by the Board of Equalization
of the city or County, as the case may be, on the duplicate, dis-
tributing the same pro rata to each owner, and shall add to, or
deduct from, the valuation of the real or personal property of indi-
viduals, companies or corporations such sum or sums as may be
ordered by either of said Boards.

Sec. 63. Each County Auditor shall, on or before the thirtieth
County Au- of September, one thousand eight hundred and seventy-one, and

ditors to trans- , i • i j n ^ i

mit to Comp- on the same day in each year tnereaiter, make out and transmit
abstract of the to the Comptroller General and the County Commissioners an
ill theirrespec- abstract of the real property of each district in his County, in which

tive Counties. , in j. i> ^^

he shall set lorth:

1. The number of acres, exclusive of town lots, returned by said
Auditor, with such additions as shall have been made thereto.

2. The aggregate value of such real property, other than town
lots, as returned by said Auditor, inclusive of such additions as
shall have been made thereto under the provisions of this Act.

3. The aggregate value of the real property in each town, city
and village in his County, as returned by said Auditor, as shall
have been made thereto.

Sec. 64. The State Board of Equalization shall consist of one

State Board member from each Congressional District of the State, all of

'""whom shall have the qualification of electors; and the qualified

electors of each Congressional District shall, at the general election

in the year one thousand eight hundred and seventy-four, and on

the same day in every fourth year thereafter, elect persons to serve

How elected ^^ members of such Board of Equalization, in accordance with

the provisions of this Section; and the returns of the poll books

OF SOUTH CAROLINA. 755

and certificates of election shiill he governed by tlic law regulating ^- ^- ^^*-
the election of Representatives to Congress; and in case of vacancy '
in such office, either by death, resignation or otherwise, the Gov-
ernor of the State shall have the power to appoint a person, who Governor to

• 1 1 /'IT- 1 r. 1 1 1 ''" vacuneies.

shall be a resident elector or the district so vacated, to nil such
vacancy, as soon as he shall be informed thereof The Governor,
Secretary and Comptroller General shall, by virtue of their offices,
be members of this Board. The said Board shall meet at Colum- Duties of
bia on or before the fifth of October, one thousand eight hundred
and seventy-four, and on the same day in every fourth year there-
after, and the members thereof shall each take an oath or affirma-
tion that he will, to the best of his knowledge and ability, so far as
the duty devolves on him, equalize the valuation of real property
among the several Counties, towns, cities and villages in the State,
according to the rules prescribed by this Act for valuing and
equalizing the value of real property; and, having received from
the Comptroller General the abstracts of real property transmitted
to him by the several County Auditors, said Board shall proceed to
equalize the same among the several towns, cities, villages and
Counties in the State in the manner hereinafter prescribed :

1st. They shall add to the aggregate value of the real property Board may
of every County which they shall believe to be valued below its
true value in money such per centum, in each case, as will raise
the same to its true value in money.

2d. They shall deduct from the aggregate valuation of the real Value may
property of every County which they shall believe to be valued
above its true value in money such per centum, in each case, as
will reduce the same to its true value in money.

od. If they believe that right and justice require the valuation Discretionary
of the real property of any town, city or village in any County, or Board,
of the real [)roperty of such County not in towns, cities or villages,
to be raised or to be reduced, without raising or reducing the other
real property of such County, or without raising or reducing it in
the same ratio, they may, in every such case, add to or take from
the valuation of any one or more of such towns, cities or villages,
or of property not in towns, cities or villages, such per centum
as they believe will raise or reduce the same to its true value in
money.

4th. Said Board shall keep a full account of their proceedings
and orders.

Sec. ()5. When the State Board of Equalization shall have com- ^ Comptroller
pleted their equalization of real property among the several Coun- trimsmit state-
ties, the Comptroller General shall transmit to each County Auditor AuIlitoU.' "" ^
a statement of the per centum to be added to or deducted from the

756 STATUTES AT LARGE

A. D. 1874. valuation of the real property of his County, specifying the per
' centum added to, or deducted from, the valuation of the real prop-

erty in each of the several towns, villages and cities, and of real
property not in towns, villages or cities, in case an equal per centum
shall not have been added to or deducted from each; and the
County Auditor shall forthwith proceed to add to, or deduct from,
each tract or lot in his County the required per centum on the valu-
ation thereof as it stands, after having been equalized by the
County Board of Equalization, adding any fraction over fifty cents,
and deducting any fraction less than fifty cents, so that the valua-
tion of any tract or lot shall not contain any fraction of a dollar,
and charge the same, with taxes, upon such equalized value. The
Comptroller General shall, also, on or before October fifteenth, an-
nually, give notice to each County Auditor of the rates per centum
authorized by law to be levied for the various State purposes, which
rates or per centum, shall be levied by the County Auditor on the
taxable property of the County and charged on the duplicate with
the taxes required to be levied and collected for other purposes.
Sec. 66. The Comptroller General shall, from time to time, pre-
Comptroiier pare and transmit to the several County Auditors all such forms

General to pre- i • . ^- ^ ^ ^ •^/r^^i

pare forms for and instructions as he may deem necessary to carry into enect the
s triK-dons \o provisions of this Act, and decide all questions which may arise as
toi"." ^ "^ '' to the true construction of the same, or in relation to the duty of
any oflScer uoder the same; and the forms thus transmitted shall
be observed and used by all County, town and municipal officers.
The instruction thus given shall be obeyed by, and the decisions
thus made shall be binding upon, all County, town and municipal
officers.

Sec. 67. Each County Auditor shall make out, in a book to be
County Audi- prepared for that purpose, in such manner as the Comptroller Gene-
£eh"'eduie of ral shall prescribe, a complete list or schedule of all taxable prop-
erty. ^ ^^^^ erty in his County, and the value thereof, as equalized, so arranged as
that each separate parcel of real property in each district, other than
city, village and town propert}^, shall be contained in a line or lines
opposite the names of the owners, arranged in numerical or alpha-
betical order, and so that each lot or parcel of real property in
cities, villages and towns shall be contained in a line or lines oppo-
site the names of the owners thereof respectively, arranged in
alphabetical order. And the value of all personal property shall
be set down opposite the names of the owners thereof, respectively;
and, if listed by any person other than the owner, for and in the
name of the owner, the name of such person, and the character in
which he acted, shall also be stated in such list, which list or sched-
ule, made out as aforesaid, shall be retained in the County Aud-

OF SOUTH CAROLINA. 7.^7

itor's office, and another made for the County Treasurer, and dellv- •^- ^'- ^*^"''-
ered to him on or before the fifteenth day of November, annually, ~ T ■ ~
as his warrant for the collection of the taxes, assessments and '',*=''«^''\<;';*'i »••

County Trc'ii"-

penalties charged thereon, each and both of which lists shall be '"'f''.
denominated the County duplicate.

Sec. G8. Each County Auditor, after receiving from the Comp- County Au-

■n r> 1 1 /• 11 tr- i i • • i ii 'li'^T^ to dfterf^

troller Ocneral, and ironi such other ortcersand authorities as shall mine .the sum
be legally empowered to determine the rate or amount of taxes to upon c-uch Ui
be levied for the various purposes authorized by law, statements of l-rty.^" '""^
the rates and sums to be levied for the current year, shall forthwith
proceed to determine the sums to be levied upon each tract and lot
of real property, and upon the amount of personal property,
moneys and credits listed in his County, in the name of each per-
son, comj)any or corporation, which shall be assessed equally on all
real and personal property subject to such taxes, and set down iu
one or more columns, iu such manner and form as the Comptroller
General shall prescribe; and in all cases where the whole amount
of taxes upon the personal propert}', moneys and credits of any
person shall uot amount to ten cents, the Auditor shall not enter
the same upon the duplicate, if such person has no other taxable
property.

Sec. 69. The County Auditors shall uot be required to assess on rraotionai
the taxable property of their Counties, or of any town, city or in- ''^**"^^™'^"^'-
corporated village, or school district therein, for any purpose, nor
ibr all purposes added together, any rate of taxation containing or
resulting in any fraction other than a decimal fraction, nor in any
fraction less than one-half of a mill ; but if the sum required to be
raised for any or all purposes results in a fraction less than one-
half of a mill, such fraction shall be dropped.

Sec. 70. The County Auditor shall enter the taxes on the dupli- Taxes to be

1 • 1 • 1 • ,T» • 1 1 ^1 <-• n t e r e d on

cate, to be retained in his own omce, in such number of columns as dnpiicate.
the Comptroller General shall, from time to time, direct; but on
the duplicate for the County Treasurer he shall enter the taxes
against each parcel of real and personal property on one or more
lines, opposite the name of the owner or owners; and, in all other
respects, the Comptroller General may prescribe forms for County
duplicates, as may seem to him most conducive to the inter-
est and convenience of the public, and County Auditors shall con-
form thereto.

Sec. 71. If the County Auditor shall, at any time, discover that County Au-

, 1111 • 1 /• ditors may t'or-

any real estate or new structure, duly returned and appraised tor le.-t omission?,
taxation, has been omitted from the duplicate, he shall immediately
charge the same on the duplicate with the taxes of the current
year and the simple taxes of each preceding year the same may

758 STATUTES AT LARGE

A. D. 1874. have escaped taxation. And if the owner of any real estate or
' new structure thereon subject to taxation has not reported the

same for taxation, according to the requirements of this Act, and
the same has not been appraised for taxation, the Auditor shall,
upon discovery thereof, appraise the same, and, upon making re-
turn of such appraisement, shall charge the same upon the dupli-
cate with the taxes of the then current year and the taxes of each
preceding year it may have escaped taxation, with twenty per
cent, penalty upon such taxes of preceding years. And if any real
estate shall have been omitted in any return, the Auditor of the
County shall appraise the same immediately for taxation, file such
appraisement in his office, and charge the same with the taxes of
the current year and the simple taxes of the preceding years it
may have escaped taxation.

Sec. 72. If the County Auditor shall suspect or be informed that

Examination any person or persons, corporation or company, has evaded making

of persons ma- -i n ^ r» i • i i • >

king false re- a return, or made a false return, of his, her or their personal prop-

turns.

erty for taxation, or have or has not made a full return, or that the
valuation returned is less than it should have been, according to the
rules prescribed by this Act, it shall be his duty, at any time before
the settlement with the Treasurer for the year, to notify such party
to appear before him at his office, at a time fixed in said notice,
together with such other person or persons as said Auditor may
desire to examine, and the party, together with any witness called,
shall be examined by said Auditor, under oath, (which oath said
Auditor is authorized to administer,) touching the personal property,
and the value thereof, of such party, and everything which may
tend to evince the true amount such party should have returned
for taxation.

Sec. 73. If any person notified, either as a party or witness, to
Contumacious appear before the County Auditor, as provided for in the preceding
Section, shall refuse or neglect to appear before the County Auditor
at the time stated in said notice, or shall refuse to be sworn, or
refuse to answer any question put to him by said Auditor touching
the matter under examination as aforesaid, he shall be deemed
guilty of contempt of said Auditor, and said Auditor shall make
complaint thereof to the Court of General Sessions of the County,
who shall thtreupon issue an attachment against the person com-
plained of, in the name of the State of South Carolina, directed to
the Sheriff of the County, who shall arrest such party anywhere he
may be f uud iu the State of South Carolina, and take him person-
ally before said Court, and, upon conviction thereof, such party shall
Punishment, be fined for such contempt of the County Auditor, by said Court,
in any sura not exceeding one hundred dollars and costs of prosecu-

OF SOUTH CAROLINA. 759

tion, :iik1 be coiifiiied in the County jail of said County until an- ^'^- ''• l''~-i-
swcrs shall he made to all (juestions which may he pro[)ounded to ^

him by said County Auditor and such fine and costs paid ; and
when such fine is collected, it shall be paid into the County treasury,
to the credit of the County.

Skc. 74. The County Auditor, when he shall deem it necessary, AiljournmiTit
may adjourn the examination provided for in the preceding Section tions.
from time to time; and if he shall find that the party had failed to
make any return for taxation, or intentionally made a false return, False returns,
or intentionally returned his or their property for taxation at less
than its fair cash value, he shall determine what amount should
have been returned by the party, and add fifty per cent, thereto as Penalty,
penalty, and charge the same, with said penalt}^ against the party
on the duplicate, with the taxes of the current year; but if he shall
find the party committed a merely unintentional mistake in any re-
turn made, he shall add such amount as he may deem just to
such return, and charge the party with the simple taxes
thereon.

Sec. 75. If, upon the examination provided for in the seventy- Expense f^;

T n • o J • A 1 1 ii»T examination.

second bection or tins Act, the return made to or by the Auditor
shall be found to be correct, the expenses of the examination shall
be paid by the County Auditor out of the County treasury; but if
it shall be found that the return, as made, was intentionally false
or that no return was made, the Auditor shall pay the expenses of
the examination out of the County treasury, and charge the same
to the party on the duplicate, in addition to the penalty provided
for such cases; and the aiiiount collected, with the taxes of the
party, to reimburse the treasury of the County for the expenses
paid as aforesaid. But if the return made was unintentionally
erroneous, said Auditor shall pay the witnesses' fees and costs of
serving the notice out of the County treasury, charge the same on
du[)licate to the party, and the same shall be collected and paid
into the County treasury as aforesaid.

Sec. 76. The expenses to be allowed upon the examination pro- Fees aik.wed.
vided for by the seventy-second Section of this Act shall be, for
serving the notice or notices, the fees allowed to Sheriffs and Con-
stables for serving a summons, and to witnesses the same fees al-
lowed to witnesses in suits before a Trial Justice's Court.

Sec. 77. Each County Auditor shall add to the value of all per- Penalty for

1 .1-1,1 1 1 1 . • • ncgleiting or

sonai property which the owner or other person whose duty it is retusins to lisi
made, by this Act, to list the same shall have refused or neglected
to list, or to the value of which such person shall have refused or
neglected to swear, fifty per centum on the value, and charge the
same on the duplicate upon which taxes shall be collected and ap-

7()0

STATUTES AT LARGE

A. D. 1874. portioned to the several funds for which taxes are assessed against
' such owner pro rata in proportion to the respective levies.

Sec. 78. That whenever any taxpayer shall fail to make returns
to the Auditor of his County within the time prescribed bylaw, it
shall be the duty of the County Auditor to enter on the tax dupli-
cate, against such taxpayer, the property charged to him the pre-
vious year, with fifty per cent, penalty added thereto, except in
cases of sickness or absence from the County, when the true
amount of pro])erty only shall be charged.

Sec. 79. If any person required bv this Act to list property for

County Audi- taxation shall have been prevented by sickness or absence from giv-

reiurns /r om i"g to the Auditor the statement or return for taxation required,

have°beei7 sick such person. Or his agent, may, at any time prior to the tenth day of

orax-ent. September of the year of the assessment, make out and deliver to

the County Auditor a statement of the same, sworn to, (which oath

the Auditor is authorized to administer,) and shall also make oath

before said Auditor that he was sick or absent during the v.-hole

time when he should have otherwise listed his property for that

year; and, if absent, that such absence was not for the purpose of

avoiding the listing of his property. The Auditor shall receive

the return made by the absent person, and charge such party with

taxes on the duplicate according to the return so made to him.

Sec. 80. Each County Auditor shall correct the valuation of any

County Audi- parcel OF lot of real property on which any structure of one hun-

f ors to m. ike,,,,, . ," , , ,

i-orrcctioii3 in dred dollars or more in value may have been constructed, or on
property." which any structure of like value may have been destroyed, accord-
ing to the return thereof made in accordance with the provisions of
this Act, and assess the tax upon such corrected valuation. Said
Auditor shall also correct any errors he may discover in the name
of the owner, in the description or quantity of any parcel or lot of
real estate, or in any return made to his office. He shall also cor-
rect any errors in his duplicate when ordered b}' the Comptroller
General, but he shall not reduce any assessment of personal prop-
erty regularly made and returned to his office, nor make any de-
duction from the valuation of any tract, lot or parcel of real estate,
except upon the written order of the Comptroller General, which
written order shall only be made by the Comptroller General upon
a statement of facts submitted to him in writing; and when any
personal or real property has been listed, returned or entered for
taxation in a wrong locality, the County Auditor shall correct the
return or entry and charge such property with the taxes in the
Pr.)vi.?o-.. locality required by the provisions of this Act: Provided, That any
correction made in the duplicate by the County Auditor shall be
entered on both the Auditor's and Treasurer's duplicates, except that,

OF SOUTH CAROLINA. 7(;i

ill case of the reduction of any assessment or tax, the Auditor may ^- l^- ^^'^•
furnish the Treasurer with a certificate of such reduction: And '

provided, further, That each County Auditor shall keep a record of Recor.i. of
all sales or conveyances of real property made in his County, in veya.;'".-^. ''°"'
which he shall enter, in columns, the names of the purchaser and
seller, the quality of laud conveyed, the location and price of the
same, and therefrom correct the County duplicates annually; and,
for the purpose of carrying out this provision, the Clerks of Courts
and Registers of Mesne Conveyances of each County are hereby
required to have the endorsement of the County Auditor on each
and every deed of conveyance for real property that the same is on
record in his office before the same can be placed on record in the
offices of said Clerks of Courts or Registers of Mesne Conveyances;
and the said County Auditor shall be entitled to coflect a fee of
twenty five cents, for his own use, for making such entry and en-
dorsement.

Sec. 81. Each County Auditor shall, annually, on or before County Audi-
November tenth, make out and transmit, by mail, to the Comptroller rbsn-ucf "of
General a complete abstract of the duplicate of his County, which Com/.u-'oiier
shall state the aggregate value of taxable property and the total ^''"""''••
amount of taxes assessed thereon for that year; and he shall, at the
same time, also make out and transmit to the Comptroller General
an abstract of the number and value of each of the enumerated
articles of personal property, the value of merchants' and manuflic-
turers' stock, and the value of all other personal property as returned
by him and fixed by the Board or Boards of Equalization ; but
such abstracts shall be made out in such form and contain such
details as the Comptroller General may prescribe.

Sec. 82. Each County Auditor shall attend at his office on or Auditor."
before the first of May, annually, or at any other time the Comp- >vVt h 'c"iun,y
troller may direct, to make settlement with the Treasurer of his '^''''''''"'''■
County, and ascertain the amount of taxes, penalties and assess-
ments collected by such Treasurer, and the amount with which such
Treasurer is to stand charged on account thereof, and on account of
each fund for which a levy was made on the duplicate; and each
Auditor shall take, from the duplicate previously put into the hands
of said Treasurer for collection, a list of all such taxes, assessments
and penalties as such Treasurer has been unable to collect, therein
describing the property as described on the duplicate, and shall note
thereon, in a marginal column, the several reasons assigned by such
Treasurer why such taxes or other charges could not be coliected,
which list shall be denominated the delinquent list, and which shall
be signed and sworn to by the Treasurer before said Auditor; and
said Auditor shall record the same in a book, to be provided lor

702 STATUTES AT LARGE

A. D. 18T1. ii^Qi purpose, and transmit an abstract thereof to the Comptroller
'' General ; and, in making such list, the delinquencies in each district,

city, village and town shall be stated separately, and, after deduct-
ing the amount of taxes, assessments and penalties so returned
delinquent, and the collection fees allowed the Treasurer by law,
said Treasurer shall be held liable for the y)alance of the taxes,
assessments and penalties charged on the duplicate: Provided, how-
ever, That only the following causes shall be assigned by said
Treasurer on said delinquent list for not collecting any tax, penalty
or assessment, to wit:
Causes for 1st. That Sufficient personal property of the party charged there-

r on-collection ., ,, ip t n t ■ \ ii

of taxes. With could not be louud out or which to make the same.

2d. That property was found, but could not be sold for want of
bidders; and,

3d. That such taxes, assessments or penalties were enjoined by a
competent Court.

Sec. 83. It shall be the duty of the County Auditor to receive

the returns and make the assessments provided for in this Act

Time for re- Within the times prescribed by law, and for this purpose the offices

f!i-i\ingre urns ^^ ^^^ Couuty Auditors shall be kept open to receive the returns of

taxpayers from July first to August twentieth in each year.

Sec. 84. That the various Couuty Auditors are authorized to
County An- appoint a sufficient number of assistants to enable them to complete
point assist- the Said assessment within the time fixed by law; and to defray the
iis'sessments. expense of making said assessment, the said Auditors shall draw
their -warrants annually upon the County Treasurers for such sums
as may be necessary, but not to exceed the following, to wit: The
Amounts ni- Auditor of Charleston County, two thousand dollars; the Auditors
lors for in:ik- of Richland, Orangeburg, Edgefield, Beaufort, Barnwell, Colleton
mga »e» ^^" -^ j^^j Abbeville Counties, one thousand dollars; the Auditors of
Aiken, Anderson, Chester, Darlington, Fairfield, Greenville, Marion,
Sumter, Spartanburg and York Counties, eight hundred dollars;
the Auditors of Georgetown, Kershaw, Laurens, Lexington, New-
berry and Union Counties, seven hundred dollars; the Auditors of
Chesterfield, Clarendon, Marlboro and Williamsburg Counties, six
hundred dollars; the Auditors of Horry, Lancaster, Oconee and
Pickens Counties, five hundred dollars each. And the Treasurers
of each of the above Counties shall pay to his County Auditor, or
his order, the sum specified in the Auditor's warrant from the first
collection of County funds of that fiscal year.

Sec. 85. All taxes, except as herein excepted, shall be payable

annually on or before the fifteenth of January after their assess-

Taxe.-— when mciit, and the several County Treasurers shall collect the same in

the manner required by law, and give the receipts therefor to the

OF SOUTH CAROLINA. 763

several parties paying the same, ia which the real estate paid on ^- ^'- ^8~•••
shall he briefl}'^ described, and tlie value of the personal property "

paid on shall be stated, together with the titue such taxes may be
payable.

Skc. 86. The County Treasurer shall keep his office open for the
receipt of taxes from November twentieth to March twentieth.

Sec. 87. When the taxes and assessments charged against any
party or property on" the duplicate shall not be paid on or before Proccedinfrs
the fifteenth of January after the assessment thereor, or when the wuenu.
remainder of such taxes and assessments shall not be paid on or
before the fifteenth of February next thereafter, together with
twenty per cent, penalty ou such remaining unpaid, the County
Treasurer shall proceed to collect the same, by distress or otherwise,
as may at the time be prescribed by law, together with a penalty of
five per cent, on the amount ko delinquent, which penalty shall be
for the use of the Treasurer as a compensation for making such
collection.

Sec. 88. When the taxes, assessments and penalties charged County An-
against any parcel or lot of real property shall not be paid on or pepjiity'toVia-
before the fifteenth day of January in each year, or collected by ''"' ^''■^^'^
distress or otherwise, as authorized by this Act, a penalty of twenty
per cent, thereon shall be added by the County Auditor on the
County duplicate; and if the said taxes and penalty shall not be
paid on or before the twentieth day of February next thereafter,
or collected by distress or otherwise, the penalty and said taxes
shall be treated as the delinquent taxes on such real property, to be
collected in the same manner that is or may be prescribed by law;
and if the amount of such delinquent taxes, assessments and pen-
alties shall not be paid on or before the second Monday in March
of the current year, the delinquent taxes, assessments and penalties
of the current year shall be due and collected by the sale of such
real estate in the manner that is or may be required by law.

Sec. 89. The County Treasurer, immediately upon the receipt of County Troa-
the tax duplicate for the year from the County Auditor, shall cause lisli'^ra'to ''por
a notice to be inserted once in two daily newspapers published at ;,',i<)jj."
the County seat of his County, if two such papers be there pub-
lished; if not, then in one such paper; and if no daily paper be
published at such County seat, then in two weekly papers pub-
lished at said County seat; but if two such weekly newspapers be
not published, then in one such paper; and if no paper is published
in the County, then such notice shall be given in such manner as
the County Treasurer may direct, stating the total rate per centum
of levies for State purposes, and the total rate per centum for all
other purposes, on the duplicate of that year; and if any special

7()4 STATUTES AT LARGE

\. I). 1S74. levies have been made on the property of a school or other district,
"■^' " not tvfTecting an entire County, the total rate of levies in such dis-

trict shall also be stated in such notice.

Sec. 90. All personal property subject to taxation shall be liable
Personal pro- to distress and sale for the payment of taxes and assessments; and
ijfJtres3'''a n d any time after any taxes or assessments shall become due, accord-
ment of "taxes, ing to law, the Couuty Treasurer, by himself or deputy, may dis-
train sufficient personal property of the party against whom such
taxes or assessments are charged, if the same can be found in his
County, to pay the taxes or assessments so due. with any penalty
charged or chargeable thereon, and the costs that may accrue, and
shall immediately advertise the same in three of the most public
places in the town or ward or district in which such property shall
be distrained, stating the time and place in such town, ward or
district when and where such property will be sold ; and if the
taxes, assessm2nts and penalties for which such property was dis-
trained, together with the costs of the proceeding, shall not be paid
before the day appointed for such sale, (which shall not be less than
five nor more than ten days after posting up such notices of sale,)
such Treasurer, or his deputyi^ shall proceed, at the time and place
mentioned in said notices, to sell such property, or so much thereof
as maybe necessary, at public vendue, to the highest bidder;
and if such property, or a suflBcient amount thereof, shall not bs
sold at the time and place aforesaid, such Treasurer shall retain
the same in his possession, and advertise and offer the same for
sale, in manner aforesaid, from time to time, until the same shall
be sold.

Sec. 91. If any taxes charged on any real estate be regularly

Sale- of pro- paid, and such real estate be erroneously returned delinquent, and

Ta^xe^ ""h^a V e sold for such taxes, the sale shall be totally void; or if any taxet?

en pair vok . gj^^^j j^^ illegally assessed and collected, when the same shall become

known to the County Auditor, he shall, on demand of the party

interested, submit the matter to the Comptroller General ; and if

the Comptroller General approve thereof, in writing, the amount

paid by the purchaser at such void sale, or the amount so illegally

collected, shall be repaid to the party paying the same, out of the

County treasury, on the order of the County Auditor; and so much

of said taxes as shall have been paid into the State Treasury shall

be refunded to the County treasury, and the County Auditor shall

retain the same in his next annual settlement and charge the State

therewith.

Sec. 92. Whenever any person or persons charged with taxes

Persons erro- upon the books of any County Treasurer in this State shall state,

gaily^al^LcdL" in Writing, to said Treasurer that he or they have been erroneously

OF SOUTH CAROLINA. 76:.

or illegiilly charged with the same, said County Treasurer shall ^- ^'- '"*"'■
submit to the County Auditor a full statement of the facts in the '

case, which statement shall be forwarded to the Comptr(dler Gene-
ral, with such additional information relating thereto as the said
County Auditor may be able to give; and said County Treasurer
shall not be required to proceed against the party or parties so
claiming to have been erroneously or illegally charged with taxes,
by distress or otherwise, until the Comptroller General shall, in
writing, direct him so to do.

Sec. 93. That in all cases where the penalty for non-payment of Pn.porty hcia

1 ,1 1111 • -11 ^y "■'•'^iKnee.'' in

taxes has attached to property held by assignees in bankruptcy, bankiuptcy.
and which could not, or cannot, be sold before the time at which
taxes become due ; and in all cases where sales of property, for the
settlement of estates, ordered by any Court in this State, have not
been, and cannot, for want of time, be made in season for the pay-
ment of taxes due thereon, the Comptroller General, upon proper
evidence that the taxes due upon such property have not been, and
cannot be, paid until a sale of said property is made, may remit
the penalty which by law attaches for non-payment of taxes.

Sec. 94. The Treasurer shall be allowed the same fees and costs County Trca-
for making distress and sale of real property for the payment of und costs,
taxes as are, or may be, allowed to Sheriffs for making levy and
sale of real property. The Count}'^ Treasurer shall be allowed the
following fees for making distress and sale of personal property : For
execution, fifty cents; entry of execution in execution book, fifty
cents ; levy, fifty cents ; advertising, one dollar ; traveling fees, five
cents per mile one way, to be computed from the seat of justice of
the County to the place of making distress; other expenses at the
actual costs. The following shall be the commissions of the County
Treasurers : Each County Treasurer shall receive the commissions
heretofore provided by law for tax collectors: Provided, The same
shall not exceed twenty-five hundred dollars per annum, except in
the County of Charleston, where the commissions of the County
Treasurer shall not exceed three thousand dollars per annum.

Sec. 95. Each County Treasurer shall, on or before the first County Tn-ii-
Tuesday of June of each year, settle with the Auditor of his County "nuni with Au-
for all taxes, assessments and penalties collected by him on the du-
plicate of the preceding year, and ascertain the amount with which
he shall stand charged on account of such taxes, assessments and
penalties ; and he shall furnish said Auditor the names of all parties
against whom taxes, assessments or penalties are charged on said
duplicate from whom he has been unable to collect such taxes,
assessments or penalties, and the amounts uncollected ; and when
such Treasurer has made a list thereof, he shall swear to and

706 STATUTES AT LARGE

A. D. 1874. gign the same before sai.l Aiulitor, assigning only such reasons
" ' ^ for non-collection as are mentioned in the eighty-second Section
of this Act, (and only such amounts shall be inserted in said
list as remain uncollected on account of some one of the causes
mentioned in said eighty-second Section); and, after deducting his
fees and the amount included in said delinquent list, he shall
stand charged with the remainder of the taxes, assessments and
penalties charged on said duplicate ; but if, in making such settle-
ment, the County Treasurer shall stand charged with any tax,
assessment or penalty which, in fact, was not paid prior thereto,
he may, at any time while remaining in office, collect the same by
distress and sale of property as in other cases of delinquent taxes,
or by action in his own name, as for money paid for the use of the
party or parties charged with, or bound to pay, said tax, penalty or
assessment; and after going out of office he may maintain an action
in his own name, as aforesaid, for the collection of such tax. penalty
or assessment.

Sec. 96. Every County Treasurer shall, on the first and fifteenth
County Trea- days of each month, forward to the Slate Treasurer all the moneys
Vorw'iird to Collected by him for or on account of the State taxes, specifying
rei- all moneys for and on account of what fund the same w^as collected, for which
duplicate receipts shall be returned to them by the State Treasurer;
of said receipts, one shall be retained by the County Treasurer and
one shall be forwarded by him to the Comptroller General. The
County Treasurer shall, also, on the first and fifteenth days of each
When to report mouth, notify the Board of County Commissioners the amount of
in i."sio nc rs funds collected for and on account of their respective Counties
Co°rnt.v funds and the character of such funds ; and on the sixteenth of each
month shall also report to the Comptroller General, in such manner
as the Comptroller General shall direct, a full and comjilete state-
ment of the State and County poll tax collected during the pre-
vious months or month, which report shall exhibit the total collec-
tion made during the fiscal year, the amount disbursed and cash
on hand for or on account of any levy or tax collected by him ;
which report shall be denominated "the County Treasurer's
monthly report."

Sec. 97. If any chattel tax shall be unpaid at the time fixed for
Milliner of the payment thereof by this Act, or returned delinquent, as author-
lin.iuent^chai- izcd by this Act, the County Treasurer may not only distrain pro-
axes, perty for the payment thereof, but may recover the same, with the
penalties thereon, by action at law, proceedings in attachment, or
other means authorized by law to be used by private individuals
in the collection of debts, which action or other proceedings shall
be prosecuted in the name of such Treasurer; and if he shall die

OF SOUTH CAROLINA. 707

or LH) out of office before (he teriniiialioii of .<ueh action or pro- '^- "• '*'''•
ceeiliiig, or tlie liiiiil co!I(Tii()ii of the money, or any judgment or
order therein, his successor or .•successors may, from time to time, he
.substituted as pUiintiff therein.

Sec. 98. If, after the return of anv chattel tax by any County ProcecdinKs

" 1111 L iiKnin-''t n o ii-

Trcasurer as delinquent, the County Treasurer shall know or be re.-i.k-nUi for

. . il e 1 i II <i u c n t

informed that the party against Avhom the same is charged resides taxes,
in some other County in this State, or has property or debts due
him therein, it shall be his duty to make out and forward to the
Treasurer of such other County a certified statement of the name
of the party against whom such taxes are cliarged, of the value of
tlie property on which such taxes were levied, the amount of the
taxes and penalties assessed thereon, and that the same are delin-
quent, to the aggregate of which taxes and penalties he shall add
twenty-five per cent, as collection fees, upon the receipt of which
certificate it shall be the duty of the Treasurer of such other
County to collect such delinquent taxes and penalties, with the
twenty-five per cent, collection fees as aforesaid, for which purpose
he sliall have all the rights, powers and remedies conferred upon
the Treasurer of the County in which such taxes were assessed, and
be allowed the same fees for distraint and sale of property as if
said taxes had been levied in his own County, and, upon collection
made, may retain one-half of said twenty-five per cent, collec-
tion fees, and shall transmit the balance collected by him to the
Treasurer of the County from whom he received such certified
statement by mail. But if the Treasurer to whom any such state-
ment is sent cannot collect the amount therein named, or any part
thereof, he shall return the same, so endorsed, with reasons for such
non-collection.

Sec. 99. On the Kith of February of each year the County Trea- Deiin.uu-m list
surer shall furnish the County Auditor with a list of the names of
such taxpayers on his duplicate as have failed to pay the tax and
penalties charged against said taxpayers on account of any real
l)roperty, said property to contain the number of lots and acres of
land, with buildings thereon, with the State and County tax in
detail and aggregate, which list shall be denominated the list of
deliiKiuent lands. And all real jjroperty returnee?, delintpient by
the County Treasurer, as provided for in this Act, shall be otfered
f)r sale on the second Monday in March next after the same shall be
thus relumed, to satisfy taxes, assessments and penalties thereon:
J't-dvldal, That at all sales of lands for taxes, only the right, title
and interest of the one in whose nann' tlic land has l)i.-en listed and
assessed shall be sold, and the purchaser shall take the same subject
to all encumbrances thereon at the time of sale: Frovidtd, h')wever,

768 STATUTES' AT LARGE

A. D. I8i4. Tiiiit ti)(3 purclui-ser iit such tax sale shall be entitled to the posses-
sion of the land sold until the firat day of December next after the
first day of January next after the day of sale.

Sec. 100. Each County Auditor in this State shall, annually,
Diiinqiunt cause the list of delinquent lands in the County to be published
i)iibiished by weekly for two weeks, between the 16th of February and the first
tor. Monday in March following, in one newspaper, and no more, pub-

lished in his County; and if no paper be published in said County
then in some newspaper having the most general circulation in said
Counti', to which list there shall be attached a notice in the follow-
Form ofing form, to wit: "Notice is hereby given that the whole of the
several parcels, lots and parts of lots of real estate described in the
preceding list, or so much thereof as will be necessary to pay the
taxes, penalties and assessments charged thereon, will be sold by
Treasurer of County, South Carolina, at his office in said

County, on the second Monday of March, A. D. , unless

said taxes, assessments and penalties be paid before that time; and
such sale will be continued, from day to day until all of said par-
eels, lots and parts of lots of real estate shall be sold or offered for
sale.

A. D.

Auditor of County."

And said Auditor shall insert, at the foot of the recokrd of said de-
linquent list, a copy of said notice, and certify to the correctness
thereof, in what paper the same was published, when, and how
long, and sign the same officially.

Sec. 101. The County Treasurer, or his deputy, shall attend at
Sale of real his office on the second Monday in I\Iarch, and then and there, after
the hour of 10 o'clock in the morning, offer for sale, at public auc-
tion, each tract, parcel or lot of real estate described in the adver-
tisement aforesaid on which the taxes, assessments and penalties
charged thereon shall not have been paid; and the person then and
there offering to pay the taxes, assessments and penalties charged
thereon, for the least quantity thereof, shall be the purchaser; and
the Treasurer shall continue such sale from day to day until each
tract, parcel or lot of real estate described iu said advertisement
upon which the taxes, assessments and penalties shall not have been
Provisos. paid shall be sold or offered for sale: Provided, That the sale thus
made shall be denominated the delinquent land sale: Provided,
That the time occupied in conducting above delinquent land sale
shall not extend beyond the Friday following the second Monday
in ]\[arch : Provided, further, That the charges for advertising by
the County Auditor shall not exceed two dollars.

Sec. 102. If the party purchasing any part of real estate at the

* OF SOUTH CAROLINA. 7<;0

sale niciitioiicil in the ])rece(lin;^ Section shall fail (o pay the Tr(!a- '^- ''• '^^•
surer iiiiiiUMliately the amount of taxes, a!-se.«sm('iits and i»enaltie.s '

charjjed thereon, the Treasurer siial! immediately offl-r the ^^ame
again for sale, as if uo sale had been made ; and the purchaser or
purchasers so failing to make payment of said taxes, assessments I'.imit.v fm-
and penalties shall forfeit and pay a {tenalty of 50 per cent, on the >',( p u r .■lui!-.-!-
amount thereof, which shall immediately be charged on the du[)li- mcnt.
cate of the County, by the County Auditor, against such purchaser
or purchasers, and collected as taxes, and with like penalties for
delinquency; and, when collected, one-half thereof shall be re-
tained by the County treasury and the other half paid to the
County Auditor.

Sec. 103. The County Auditor, or his deputy, shall attend all Cnmity Au«li-
, „ , ,. , 1 1 1 ri-i /^ 1 • /-, 'or? to III ;i k e

sales or delinquent real estate made by the ireasurer or his County, ri-';opi of ?aic--
and shall make a record of such in a substantial book, therein de- <criifiL<i copy
scribing the several parcels offered for sale, as described in the ad- t!eiicr.ai.
vertisement aforesaid, and stating how much of each parcel was
sold, and to whom sold ; and if any parcel was offered for sale and
not sold for want of bidders, he shall so enter it on record; and the
County Auditor shall make out and certify a copy of said record,
and forward the same to the Comptroller General, by the County
Treasurer, at the time said Treasurer makes his annual settle-
ment with the Comptroller General next after such sale.

Sec 104. All -moneys received by the County Treasurer at any Bistriimti-.n
delinquent land sales shall be distributed by the County Auditor sale.
to the several funds for which they were respectively levied, after
deducting the expenses of the advertisement aforesaid, which in all
cases shall be paid to the County Auditor, and the State's propor-
tion paid into the State Treasury by the County Treasurer at his
next annual settlement with the Comptroller General after such
sale.

Sec. 10"). If the County Auditor, by inadvertence or mistake, or Oinission to
any other cause, shall have heretofore omitted, or shall hereafter '" ' '"" '
omit, to publish the delinquent list of his County, or any portion
thereof, it shall be his duty, unless all taxes, assessments and penal-
ties charged therein shall have been paid prior to the next June
settlement therewith of the County Treasurer, to charge the several
parcels of real estate described in said list with said taxes, assess-
ments and penalties with the taxes, assessments and penalties of
the year next succeeding such omission, and record, certify and
publish the same as part of the delinquent list of such succeeding
year, according to the provisions of this Act.

Sec. 106. Upon the })aymcnt of the proper amount into the
County treasury, and fifty cents to the County Auditor for the

770 STATUTES AT LARGE

A. i>. 1874. certificate, and ten cents for the transfer of ea(;h parcel of real

,, .'^!~ ..estate purchased at delinquent land sale, the County Aurlitor shall

i)uri'ii!i!^e ofnrivc to cach purcliascr at such sale a certificate of purchase, in

r oil 1 estati; to ° ' _ ' _

be Riven by which he shall describe such parcel as the same was described in

Couniy Audi- '^

tors. the delinquent list, and state when the same was sold, and for what

amount; and if only a part of any parcel advertised was sold, he
shall specify the quantity sold, and authorize a surveyor, at the
request of the purchaser, his heirs or assigns, to lay off, by metes
and bounds, as near as may be, in a square form, at the most
Northwesterly corner of any tract or lot of land described in said
certificate, the quantity so sold; and if the sale be made from any
city, village or town lot, or any part thereof, the surveyor shall be
directed to so lay off the quantity sold that the same shall extend
from the principal street or alley forming the most convenient
front to said lot to the rear of the lot, and to bound the same by
lines as nearly parallel with the outlines of said lot as practicable.

Sec. 107. No deed shall be made for any real estate sold at
Deeds. delinquent land sale until the expiration of 91 <lays from and after

such sale. Nor shall any survey thereof required by any certifi-
cate of purchase be made until the expiration of the same period
of time.

Sec. 108. The certificate of purchase at any delinquent tax sale

Certificates of shall be assiffjiable in law, by endorsement thereon, and an assign-
purchase. ° ' ■^ , 1 . 1 1 •

ment thereof shall vest in the assignee and his legal representatives

all the right and title of the original purchaser.

Sec. 109. All real estate which has been, or may hereafter be,
Redemption sold for taxcs, assessments and penalties at delinquent sale, under
soW.^"' ^^^^^^ the laws of this State, may be redeemed at any time within ninety
days from and after such sale, and all such real estate belonging,
at the time of such sale, to minors, insane persons, married women,
or persons in confinement, may be redeemed at any time within
ninety days from and after the expiration of such disability.

Sec. 110. Any person or persons desiring to redeem any real
Modeof re- estate sold at delinquent land sale, under any law of this State,
emption. nnay, witliiii thirty days after the sale thereof, or within thirty days
after the expiration of the disabilities named in the preceding
Section, deposit with the County Treasurer of the County in which
such sale was made, upon the certificate of the County Auditor, a
sum equal to the amount for which such real estate was sf)ld, with
all legal charges paid by the purchaser at such sale, and subsecjuent
taxes paid by such purchaser, his heirs or assigns, and twenty-five
per cent, penalty thereon, and the value of growing crops, if an}'
there are, and two dollars to pay the expenses of advertising, as
hereinafter provided; and any person desiring to redeem any such

OF SOUTH CAUOLINA. 771

real estat(>, aftiM- the expiration of twenty diivH and within ninety ^- ^*- ''*^'-
days afUir any such sah', or the removal ol" any of the di^'iihilities "^ '
afoK'-iiid, may deposit with the County Treasurer aforesaid, on the
certificate of the County Auditor, an amount of money equal to
that for which such real estate was sohl, and taxes subscfpiently
paid thereon by the purchaser and those claiming under him the
legal charges as aforesaid, and fifty per cent, penalty thereon, and
two dollars to pay the expenses of advertising, as aforesaid; also,
paying the AudiLur fifty cents for his services in attending to such
redcmj)tiou in cither case.

Si-:c. 111. All applications for the redemption of real estate sold , Applications

* ' _ ' . for reuvmplioD

at delinquent tax sale a.s aforesaid shall be made to the Auditor of
the County in which such real estate shall have been sold by a party
interested in the title to said estate; and, upon such application, the
Auditor shall give to such party the certificate mentioned in the
preceding Section, describing the real estate sought to be redeemed
and specifying tlie sum necessary for such redemption, and adding
thereto the two dolhirs for expense of publishing the notice of such
redemption, upon the presentation of which to the County Treasurer
of the County and payment of the sums mentioned therein into the
County treasury tlie Treasurer shall give to the applicant duplicate
receipts therefor, (lescril)ing the property as described in said certifi-
cate of the Auditor; and, upon the delivery of one of such receipts
to the County Auditor, said Auditor shall immediately cancel the
sale and transfer the property to the party redeeming the same ;
and such payment and cancellation shall operate as a release of all
the rights of the purchaser at such sale, his heirs and assigns.

Sec. 112. The County Auditor, immediatelv upon the redemption County Au-
01 any real estate as aforesaid, shall publish in some newspaper of H-'ii no*ic« of

,.,..,. ^, . . , rcilomption.

general circulation m his County, tor two consecutive weeks, a
notice, addressed to the purchaser and his assigns, that the money
has been deposited io the County treasury of his County for the
redemption of such real estate, describing the same and the time
when sold for taxes; for the publication of which notice said Aud-
itor shall pay the sum of two dollars out of the County treasury.

Sec. 113. Any tenant in common mav redeem his indivitlual Teniint.« in

- ^ (.■onnnon lu a y

''\are in any real estate sold at delinquent land sale in the manner riiiotm.
•vided for in the preceding Sections, upon payment into the
>ty treasury of his ecjual proportion of the sum requisite for
lemption of the whole and two dollars for the publication of
the uoilce of such rcdcniptioM.

Sec. 114. U{)on the demand of the purchaser, or his legal repre- Canceling

I, , 1 1 ,. • 1 1 1 certificates.

seutative, oi any real estate redeemed as aforesaid, and the surren-
der of the certificate of purchase to the County Audiior, and pay-

772 STATUTES AT LARGE

A. I>. 1874. jtient of fifty cents to said Auditor for his services in attending to
'' such redemption, the Auditor sliall cancel said certificate of pur-

chase, file the same in his office and give to such purchaser, or his
legal representatives, an order on the County Treasurer for the
amount of money deposited in the County treasury in manner
aforesaid for the redemption of the real estate describe<l in such
certificate of purchase.

Sec. 15. Any person interested may, at any time before the deed
Rcdeiuption is made by the County Auditor, with the consent of the purchaser
iniule. " of any parcel of real estate sold at delinquent land sale and the

delivery and cancellation of the certificate of purchase, redeem such
real estate; and in such case, and also upon deposit of money in the
County treasury as aforesaid for the redemption of any real estate
sold at such sale, the County Auditor shall note such redemption or
deposit, and by whom and when made, on the record of delinquent
land sales and sign his name officially thereto, for doing which any
party redeeming by consent as aforesaid shall pay said Auditor fifty
cents as his fees.

Sec. 116. After the lapse of ninety-one days from the time of any
AmHtors to delinquent land sale, if any purchaser of any real estate at such

luuke deeds to i i • i i , • in i . t n t

vunhat^er:^. Sale, Or his legal representative, shall present to the Auditor of the
County in which such sale was made a certificate of purchase of the
whole of any tract or lot of real estate sold at such sale, or, in
case of the sale of a part of a tract or lot offered at such sale, present
to said Auditor the certificate of sale, and the survey and plat of
the quantity purchased, made by the surveyor, as required by this
Act, and the taxes and assessments levied on the real estate de-
scribed in such certificate, or certificate and plat, shall have been so
far paid as that the same is not again delinquent, said Auditor shall
(upon payment to him of two dollars as his compensation therefor)
make and deliver to such purchaser, his heirs or assigns, as the case
may be, a deed of conveyance for the real estate so sold as afore-
said, which deed of conveyance shall be in the following form :
Two or more Provided, That where the whole of two or more several tracts or

^Mct? in one j^jg^ ^j. ^^*,^^ ^j- j,.,,^.fj, qj. j^jg^ ^f ^g^j estate have been, or shall be,

sold to the same party, or the certificates of purchase of difil*rent
tracts or lots, or parts of tracts or lots, have been, or shall be, legally
acquired by one person, and the party thus purchasing or holding
certificates, as aforesaid, shall demand one deetl for the whole of the
real estate so purchased, the County Auditor shall include the whole
in one deed, if all the requirements of this Act have been complied
with, so that the party demanding such deed would be entitled to
separate deeds for the said several parcels of real estate; and if the
whole of any tract or lot of real estate has been acquired by one

OF SOUTH CAROLINA. 773

party by difllreiit purchases, or by as-iigiiinents of certificates of •^- ^- ^^*-

purchase, the survey and plat afurcsaid shall be dispensed with, '

and the deed made lor the whole; aud the deed so made by the i)«!edof Au-

,, » !• /• 1 11 11. Ill 'litor ahull bn

County Auditor tor any real estate sold at delinquent land sale <-.v i.icnce of
shall be prima facie evidence of a good title in the grantee, his
heirs aud assigns, to the real estate therein described.

Sec. 117. Each tract or lot of land, or part thereof, or city, vil- Lim.is forfeit»'d
lage or town lot, or part thereof, which shall be offered for sale by
the County Treasurer at any delinquent land sale, as provided for
in this Act, and not sold for want of bidders, sliall thereby become
forfeited to the State of South Carolina, and thenceforth all the
right, title and interest of the former owner therein shall be vested
in the State of South Carolina, aud shall be designated by the
County Auditor on the list of delinquent lands as "forfeited," and
transferred to the State of South Carolina, and charged with taxes
and penalties, as if the same was purchased by a private individual,
and returned I)y the Treasurer as delinquent until sold as forf»;ited
real estate: Provided, however, That the original owners shall have J'n.vi-...
the privilege at any time within ninety-one days to redeem the same
upon payment of all costs aud charges aud taxes that may attach
subsequent to such forfeiture, together with all previous taxes,
costs, charges and penalties.

Si:c. 118. The County Auditor shall enter, in a substantial book, Forfeited lond
to be provided by him for that purpose, at the expense of the Connty, kept" by Audi-
and denominated the "Forfeited Land Record," a list of all real
estate forfeited to the State according to the provisions of this Act,
certify to the correctness thereof, and sign the same officially ; a copy copy tmns-
of which list he shall certify aud transmit to the Comptroller Gene- co n, ptmi-
ral, by the County Treasurer, at the time the Treasurer makes his 'i'"" '^'«'"^''""'-
annual settlement with the Comptroller General next after the for-
feiture or purchase of such real estate, and the Comptroller General
shall record the same in his office as a credit to the County Trea-
surer.

Sec. ll!>. The County Auditor of any County iu wliich any real l-..ifeii-.liaiid
estate shall hereafter be sold at delinquent land sale shall make
deeds therefor, though the real estate may have been, or shall here-
after be, set ofl' into another County subsequent to such sale, and
such deed shall have the same effect as if such n-al estate had re-
mained in the County in which it was sold.

Sec. 120. All real estate sold at delinquent laud sale uiuhr the Ueul e.st«t«'
provisions of this Act shall, immediately upon the certificate of forred to pur-
purchase being given therefor, be transferred by the County Auditor
on his book of real estate, as provided for in the eightieth Section of
this Act, to the name of the purchaser.
51

774 STATUTES AT LARGE

A. D. 1874. Sec. 121. The sale of any real e(*late at delinquent land sale
^ ' . shall not be held invalid on account of its havint; been charued ou

iSalf uot 111- ° "

validated. the duplicate in any other name than that of the rightful owner.

Sec. 122. If any certificate given at any sale of delinquent lands

Certificate? shall be lost or de.stroyed, upon .satisfactory proof thereof to the

proper County Auditor, he shall make to the jjarty entitled thereto

a deed for the real estate so sold, precisely as if such certificate of

purchase had not been lost or des^troyed.

Skc. 123. The County Auditor shall enter on his records of de-
Minnte of liuquent land sales a minute of all deeds by him maile in pursu-

(Ic6il3 entered

\a record of ance of any sales of real estate therein recorded, naming the party

delinquent. , ., ,, , iii- i •'

land sales. in whose name the same stood charged on the duplicate at the time
of the sale, the date of the sale and name of the purchaser, a brief
description of the real estate, the quantity sold, the amount for
which the same was sold, the date of the deed, and the name of the
grantee therein; also, a minute of all redemptions of any real
estate so sold before any deed made therefor, with the date of redemp-
tion and the name of the party redeeming.

Sec. 124. The purchaser of any interest of any tenant in com-
Riphts of raon in any real estate at any sale of delinquent lands shall, on

moil. obtaining a deed therefor from the County Auditor, hold the same

with the other owners as a tenant in common, and be entitled to a
partition of the estate so held in common, as other tenants in com-
mon.

Sec. 125. It shall be the duty of each owner of lands, and of

Xew.struoturps any new structures thereon which shall not have been ai)nraised

shall be listed. . "' . ,. , ^ . . , , ^ ' ,.

lor taxation, to list the same lor taxation with the ('ounty Auditor
of the County in which they may be situate on or before the twen-
tieth day of August next after the sanie shall become subject to
taxation.

Sec. 126. When any real estate shall be sold under any writ.
Courts shall order or proceedings in any Court, the Court shall, on motion of any

order taxes . i . , , . , , i'

paid ou t of person interested in the real estate, or in the purchase or proceeds

DrOCC6ll3 of

real estate sold of the Sale thereof, order all taxes, assessments and penalties charged

by o r d e r of , , . , ,. , ^ f i i i •

same. thereon to be paid out oi the proceeds of such sale as a hen prior

to all others.

Sec. 127. All taxes, assessments and penalties legally assessed
Taxes to be shall be Considered and held as a debt payable to the State by a

first liens. . .nii i ji^"

party against whom the same shall be charged; and such taxes,
assessments and penalties shall be a first lien against the estate of
all deceased persons; against the estate of bankrupts and insol-
vents; against the assets and estates of all persons making assign-
ments for the benefit of creditors; against all property held in
trust; against all personal property held on chattel mortgage or in

OF SOUTH CAROLINA. 77.">

pleilge; against all pcrsoiuil property sold fnrtlif! |iiir[io.>o of avoiil- •^- '^- ''*^^-
ing the iciyriiciit of taxes ; against all pcrsotiiil property held by
parties in I'raud of cre<ruors; against all stocks (jf goods, iniplc-
inerit!<, machinery and tools of merchants or •n)aiiufacturer8, as
against purchasers of tiie whole of such stocks npf)n which the taxes
have not heeti paid; and such taxes shall ho first p'aifl out of the
assets of any estates of deceased persons, or held in trust as assignee
or trustee, as aforesaid, or proceeds of any property held on execu-
tion or attachment; and the County Treasurer may proceed, by ac-
tion at law, against the parties holding property otherwise, as above
mentioned ; or if he can obtain the possession of the property, he
may distrain and sell the same precisely as if the same had not
been sold, mortgaged or pledged, as above meutioned.

Sec. 128. If any action be prosecuted aijain^t the County Aud- ^ Suits neninst

^ ■' . . p County officerj!.

iter or County Treasurer for performing, or attempting to perform,
any duty enjoined upon them by the provisions of this Act, the re-
sult of which action will affect the interests of the County if de-
cided iu favor of the plaintiff in such action, such Auditor ro Trea-
surer shall be allowed and paid out of the County treasury reason-
able counsel fees and other expenses for defending such action and
the amount of any damages and costs adjudged against him, which
fees, expenses, damages and costs shall be apportioned ratably by
the County Auditor among all the parties, except the State, inter-
ested in the revenue involved in said action ; and if the State be
interested in the revenue in said action, the County Auditor shall,
immediately upon the commencement of said action, inform the
Comptroller General of its commencement and of the alleged
cause thereof, and the Comptroller General shall submit the same
to the Attorney General, who shall defend sai(. action for and on
behalf of the State; and if only some local levy made by town or
other municipal authorities be involved iu such suit, such town or
other municipal authority sliall employ and pay counsel and all
damages and costs recovered in such action ; and the County Aud-
itor or Treasurer, on both, if both be sued, may, by cross petition,
answer or motion in Court, cause the town trustees or other local l-'pcni or muni-

0 1 p II 1 omcprs

or municipal authorities interested in the revenue involved in the m^'y i«- imriicii
action to be made parties thereto, (if not already parties,) and the County oitirors.
Court in which such action may be pending shall cause trustees, or
other local or municipal authorities to be made parties to such
action and render judgment for any damages and costs which may
be found in favor of the plaintiff against said town trustees or
other municipal or local authorities, ami not against said Auditor
or Treasurer.

Sec. 129. Each Countv Auditor shall answer, in writing, all

77r, STATUTES AT LARGE

A. D. i.s-4. inquiries propounded to him by the Comptroller General touching
[~^^~^\. the condition and value of the real estate of his County and

County Audi- . /. • . i-/..

i.)rs to Ki ve chauijes made iu the valuations thereof in the dirierent towns, vi,-

.t n s w e r s in ° ,• . i i •

writing to lacjes. citics. wanls and other districts; also, as to the valuations ot

i; o ni p t r o 1 - ^ ' . ,

lorOtncnii. the different classes of personal property tor taxation, as compared
with their market value, and in relation to any and all matters which
the Comptroller General may deem of interest to the public, or of
value to him in the discharge of his duties as Comptroller General.
Sec. 130. Each member of the State Board of p]qualization, ex-
Pay of State cept the State officers on said Board, shall receive three dollars per
K'luaiization. (Jay for each day he shall be employed iu performing the dutie.s
enjoined upon him, and ten cents per mile for traveling to, and the
same for returning from, the seat of government, to be computed
by the most usually traveled route, and paid out of the State Trea-
sury on the warrant of the Comptroller General.

Sec. 131. Each member of the County Boards of Equalization
Fay of County shall receive for his services, for each day actually employed in
KquHiizatlon? performing the duties enjoined upon hira, three dollars per day and
five cents per mile each Avay as mileage for travel actually per-
formed : Provided, That only one mileage shall be paid by said
County Treasurer, to be paid out of the County treasury on the
warrant of the County Auditor.

Sec. 132. Every County Auditor, County Treasurer, County
Penalty for Commissioner, who shall, in any case, refuse or knowingly neglect
dnfy. ^'^ "to perform any duty enjoined on him, or who shall consent to, or
connive at, any evasion or violation of any of the provisions of
this Act, whereby anything required to be done by any of said pro-
visions shall be hindered or prevented, or whereby any property
required to be listed, or equalized, for taxation shall be unlawfully
exempted, or the valuation thereof be entered on the return for tax-
ation, or on the duplicate, at less than its true value, estimated ac-
cording to the rules prescribed, or any tax, assessment or penalty
shall not be collected, shall be deemed guilty of an offense, and,
upon indictment and conviction thereof, shall be fined in any sum
not exceeding two thousand dollars and imprisoned in the Peniten-
tiary for a term not less than one nor more than three years.

Sec. 133. Each County Auditor is hereby authorized to admin-
County Audi- ister all oaths necessary to be taken by any one in the assessment

tors to admin- , n « . ■ \ c

istor oaths. and rctum or property for taxation, or necessary in the pertorm-
ance of any duty enjoined upon County Auditors by law.

The following shall be the compensation of County Auditors:

Compensation Auditor of Charleston County, $2,000;

Auditors. ■ Auditor of Richland, Abbeville, Beaufort, Edgefield, Orange-
burg, Barnwell, Colleton, Anderson, Aiken and Sumter, $1,500;

OF SOUTH CAROLINA. 777

Auditor of Chester, Darlington, Fairfitlil, Greenville, Marion, '^- ■'• '■^"'
York and Newberry, §1,250; ^ '

Anditor of Ceorj^fntown, K(;r.slia\v, Lauren?. Lexington, Spartan-
burg, Union, Chesterfield, Clarcndijn, Oconee, Marll)oro, "Williams-
burg, Horry, Lancaster and Picken.s, each ?1,000; to be paid quar-
terly by warrants on the State Treasurer issued by the Comptroller
General: Provided, That the Comptroller General .shall not issue. I'rovi....,
to any County Auditor any warrant for salary until said Auditor
fjhall file in the office of the Comptroller General all abstracts and
reports due from or by said Auditor.

Sec. 134. The Governor is authorized, by and with the advice G o v l- r n or
and consent of the Senate, to appoint County Auditors and County officer?.
Treasurers, who shall hold their office for a term of two years, and
no longer, unless reappointed, and to require such bonds from said
officers as he may deem necessary: Provided, That the bond of the Provi-o.
County Treasurer of Charleston County shall not be less than
fiftj' thousand (50,000) dollars; the County Treasurers of Rich-
land, Abbeville, Beaufort, each thirty thousand (30,000) dollars ;
and the bonds of the County Treasurers of each of the other Counties
shall not be less than twenty thousand (20,000) dollars each.

Sec. 135. That when any County Auditor or Treasurer shall, omcer"'i)v"iov-
during a recess of the Senate, be shown, by evidence satisfactory emor.
to the Governor, to be guilty of misconduct in office, or crime, or
for any reason shall become incapable or legally disqualified to
perform its duties, in such case, and in no other, the Governor
may suspend such officer, and designate some suitable person to
perform, temporarily, tlie duties of such office until the next
meeting of the Senate, and until the case shall be acted upon by
the Senate; and such person so designated shall take the oath
and give the bond required by law to be taken and given by the
person duly appointed to fill such office; and, in such case, it shall
be the duty of the Governor, within ten days after the first day
of such meeting of the Senate, to report to the Senate such sus-
pension, with the evidence and reasons for his action, and the
name of the person so designated to perform the duties of such
office; and if the Senate shall concur in such suspension, and
advise and consent to the removal of such officer, they shall so
certify to the Governor, who may thereupon remove such officer,
and, by and with the advice and consent of the Senate, appoint
another person to such office. But if the Senate shall refuse to
concur in such suspension, such officer so suspended shall forthwith
resume the functions of his office, and the powers cf the person so
performing its duties in his stead shall cease, and the official salary
and emoluments of sucli officer shall, during such suspension,

778 STATUTES AT LARGE

A. D. l^74. belong to the person so peribrraing the duties thereof and not to
^^ ;■, tlie officer so suspended: Provided , however. That the Governor, in

case lie shall become satisfied that such suspension was made on
insufficient grounils, shall be authorized, at any time before reporting
such suspension to the Senate, as above provided, to revoke such
suspension and reinstate such officer in the performance of the
duties of his office.

Sec. 136. That if any person shall, contrary to the provisions
ExorciMng of this Act, accept the office of County Auditor or Treasurer, or

'luties of All- ,,,,,, . Ill • 1

.1 i t o r and shall hold or exercise, or attempt to bold or exercise, any such

Trcfi surer C' 'n~

trary to 'pn.- office, or fail, when application is made to him by his successor, to
Act. ii iiiisde- turn over all the books, papers and property, of all kind whatsoever,
pertaining to said office, he shall be deemed, and he is hereby
declared to be, guilty of a misdemeanor, and, upon trial and con-
viction thereof, he shall be punished therefor by a fine not exceeding
five thousand dollars, or by imprisonment not exceeding five years,
or both said punishments, in the discretion of the Court.

Sec. 137. The Comptroller General of the State shall, as often

Comptroller as oDcc a year, either in person or by some authorized agent of his

ermine Aiiiii- office, examine all the books, papers and accounts pertaining to the

Treasure'rs' office of the Auditors and Treasurers of the respective Counties of

accounts. ^^.^^ State, with a view of protecting the interests of the State

and rendering the said officers such aid or instruction as, in the

discharge of their several duties, they may need to make their

service the more efficient.

Sec. 138. The Treasurer of Charleston County is authorized to
Trens-urer of appoint four deputies, whose duty it shall be to assist in the col-
County ^to'nV lection of taxes in said County. Said deputies shall each receive,
point eputics. ^^ compensation for their services, the same commissions as are
paid for the collection of taxes to the County Treasurer: Provided,
That the total amount paid to each deputy in any current year
Provi.^os. shall not exceed the sum of five hundred dollars: And provided,
further. That the duties of said deputies shall be confined to the
collection of the simple taxes and shall not include the collection
of taxes with penalties attached. Said deputies shall give such
bond for the faithful performance of their duties as said County
Treasurer shall require.

Sec. 139. That whenever the General Assembly shall fail to
Failure of make the annual levy of taxes, or the collection of the same may
lembiVt'o'i^N^ be in any way delayed, it shall be the duty of the Comptroller
taxes. General to notify each County Treasurer that the penalty for non-

payment shall not attach until after the expiration of sixty days
from the date of his public announcement of his readiness to collect
the said taxes.

OF SOUTH CAROLINA. 779

Sec. 140. The colluclion of taxes shall not be stayed or prevented -^- ^- '**~^-
bv any iiijuiictiDU, writ (ir order issued by any Court or Judge T7. ' .

J -I ' J J 6 Collection of

thereof, t.ixf» not to be

o 1 i 1 T • J- • y- "layt'd by in-

Src. 141. ill any action or proceeding against any County Trea- Juu*-tion.
surer iti this 8tale for the purpose of recoverinj^ any proj)erty or
money alleged to have, been errotieouslv or illegally assessed and ProrcedinK-*

,, J ° - , , , . JiBainst County

collected as taxes, assessments or penalties, unless the party bring- Treasurers.
iug such action or proceeding shall make it appear that a notice in
writing of the claim on which such suit may be brought was given
to said Treasurer in pursuance of the 92d Section of this Act, and
unless it shall be made to appear that said Treasurer has proceeded
contrary to tiie provisions of this Act, the amount recovered in such
suit shall not exceed the value of the property or money aforesaid.

Sec. 142. It shall be the duty of the Attorne\' General of the Attorney Gen-

ci J /• 1 • 1- • /-I rr. ^^'^^ *" defend

btate to deiend any suit or proceeding against any County Irea- suits apiiinst
surer, or other officer, who shall be sued for moneys collected, or surers.
property levied on or sold on account of any tax, when the Comp-
troller General shall have or<lered such collector to proceed in the
collection of any such tax, after notice as aforesaid, or suit brought;
and any judgment against such Treasurer, or other officer, finally
recovered shall be paid in the manner provided in Section one
hundred and forty-one (141) of this Act.

Sec. 143. That all past due and unpaid taxes. State or Couutv, Past due and

,., 1.1 1 1 ,. /.ii Tt • ■ i/-t " unpaid toxes.

laid or levied under or by authority or the late rrovisional Govern-
ment, or under or by virtue of military orders, shall be paid and
collected by the County Treasurer, to whom the late Tax Collectors
shall turn over all moneys, books, tax e.xecutions, papers and other
property now in their possession, iu the same manner as is provided
in this Act.

Sec. 144. Fees for the actual collection of taxes only shall be yntia bo»a
allowed, and no costs or expenses shall be paid by the County or '^^*'^" ""'*•
State on any execution.s issued, or hereafter to be issued, and re-
turned nuUa bona.

Sec. 14.^. The Attorney General shall, when requested so to do, .\tiorney

give to the Comptndler General a written opinion upon any ques- fuini4 written
tioa submitted to him by said Comptroller General relative to the requested,
true construction of this Act or any provisions thereof.

Sfx:;. 14(5. The County Commissioners of each CViunty shall, on County Com-
or before October thirty-first in each year, make a report to the report' to
Comptroller General, to be transmitted by him to the General kt tiencrai
Assembly, »ot only of the amount of taxes levied and collected in m xJs levied
their respective Counties, but a detailed account of all their doings \a^thei r%e-
as required by law, and said report shall be made in such form as tJuntfes. ' *
the Comptroller General of the State shall direct or prepare and

780 STATUTES AT LARGE

A. D. 1S74. forward to them for such purpose; and upon failure so to report,
' they shall be fined in a sum not less than two hundred nor more

than five hundred dollars.

Sec. 147. It is hereby made the duty of each County Treasurer,
County Treaf- or his deputy, in the collection of taxes, and for the convenience of

urers to attend , i i i n i in- • i

at certain each taxpayer, that he shall attend at such polling precinct as the
i-olieetion of County Board of Equalization may direct in his County, and at as
many additional public places as in his judgment will be necessary
for the collection of the same.

Sec. 148. That all Acts or parts of Acts inconsistent with this

. J^''"^'^*'?" Act be, and the same are hereby, repealed : Provided, That nothing

herein contained shall be construed to repeal an Act entitled "An

Proviso. Act to provide for the redemption of forfeited lands upon certain

conditions thereiu named," approved February 13, 1874.

Approved March 19, 1874.

No. 632. AX ACT to Chartee the Congaree Manufacturing Com-
pany.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That John
Cwporators. C Seegers, Charles Minort, W. Beverly Nash, John Alexander,
Charles Mahou, E. W. Seibels, B. F. Whiltemore, Joseph Crews,
R. D. Senn. L. D. Childs, T. C. Andrews, James E. Black, J. L.
Neagle, J. B. Ezell, John B. Palmer, W. R. Jervey, John Lee, C.
M. Wilder, Wm. Berry, Lawrence Cain, David Harris, S. A.
Swails, H. E. Hayne, S. B. Thompson, J. D. Boston, F. Nix, J.
Warley, W. H. Perry, A. O. Jones, N. B. Myers, AYilliam J. Etter,
S. J. Lee, their associates and successors, be, and they are hereby
declared, a body politic and corporate, under the name and style of
Corporate the Congaree Manufacturing Company, and under that name and

"*"""''■ style shall be, and are hereby, made capable to have, purchase.

General ^old, enjoy and retain to their successors lands, rents, tenements,

powers, goods, chattels and effects of whatsoever kind or quality soever,

and the same to sell, alien or dispose of; to sue or be sued, plead or
be impleaded, answer and be answered, defend and be defended, in
Courts of record or any other place whatsoever ; to have perpetual
succession, and to have and to exercise all the rights and privileges
of similar corporations generally.

OF SOUTH CAROLINA. 781

Sec. 2. That the said company is hereby authorized to construct ■'^- ^*- '^"^•
a dam across the Congaree River, at such point below Geisrer's Mill ^^7^' ~^ '

. ... M.ay CKii-

as it may deem most practicable for utilizintr the water of said river ^^truct a d;im

„ . . . , , ". . , acros!! ( iingu-

for manufacturing purposed on eitlicr or both sides thereof. That •"••e Hivcr.
thesaid dam shall be constructed and finished within three years from Wlien to i>u

1 />l'A ^ -n li/^'ii'i- fini.«llt''l.

the passage or this Act; and ir not so constructed and nnished within
three years from the passage of this Act, all rights, powers, franchises
and privileges conferred by this Act shall cease and determine.

Sec. 3. That before commencing the construction of such dam, the
said company shall cause surveys to be made showing the extent to Survey,
which the lands of the riparian proprietors above such dam will
be covered by the flowage caused by the dam, and shall make com-
pensation to the owners of such lands so to be overflowed, and the
like compensation to the owners for so much of the lands as mav Compf-nr;!!-

1 -1111 1 • /• • 1 1 1 '^'^^ '*^ rip:iri-

be occupied by the abutments or other portions oi said dam, and an proprietor.-',
by the water gates and basin or headway of any canal said company
may dig immediately connected with said dam.

Sec. 4. That if, from any cause, the amount of compensation to Componsa-

, . J , .11 1 • 1 tion in cases of

be paid cannot be ascertained by agreement between said company disagreement.
and the owners of such lands, the said company may proceed to able.
have the same ascertained by a jury, in the same manner, and sub-
ject to the same regulations of procedure, as are now by law directed
for ascertaining of compensation for the right of way over lands
required for the construction of railroads by the provisions of an
Act passed on the 22d day of September, Anno Domini 1868, en-
titled "An Act to declare the manner by which the lands or right
of way over the lands, of persons or corporations may be taken for
the construction and uses of railways and other works of internal
improvement:" Provided, That the damages awarded shall have Pri.vi.-.>.
respect alone to the quantity and value of the lands so to be over-
flowed or occupied, and to the special damage which the owners of
such lands may sustain by reason of the construction of such dam,
water gates and basin, or headway of such canal upon their
lands, and by reason of the flowage caused thereby upon such
lands.

Sec. 5. That if the flowage or elevation of water in the Congaree Componsa-
River caused by said dam shall extend to any bridges, mills, ma- n'ljos to°bridKe/.
chinery or factories now in operation, or to any other rights or
property, and shall, to any extent, interfere with such bridges, mills,
machinery, factories or other rights or property, the said company,
before constructing said dam, siiall cause to be ascertained in like
manner, and shall pay to the proprietors thereof, the compensation
so to be ascertained for all damages that mav be caused to such

mills, etc.

782 STATUTES AT LARGE

A. D. 1ST4. bridges, mills, machinery, factories, rights or other property by such
tlowage or elevation of" water.

Sec. 6. That when the Cougaree Manufacturing Company shall
Owners .of uotifv the owners of the Cohnuhia Canal that they are prepared to

Columbia - . ,. , • i • i •

Pnnaimny par- build sai(l dam, and shall give proper evidence or their ability to

ticipate in use , ., , , , /. i ^ i i • /-, i i n i • i i

of water cie- build the Same, the owners or the Columbia Canal shall be entitled

vatcd by said . . ., • , i /-i m- r> • n

dam. to participate equally with the Congaree Manuracturing Company

in the use of the water elevated by the construction of said dam:

To contrib- Provided, They contribute one-half the amount required for its

ute one-half '. , . , , ,- i i z- i . w /•

c o s t of dam- eonstructiou and repair, and become liable tor and pay one-hair ot
the amount required to satisfy the cost arising from damages caused
by flowage occasioned by the erection of said dam : Provided, far-
ther. That the owners of the Columbia Canal, if they decline such
Entitled to contributions, shall at all times have the right to use the water

use of water _ • i i

elevated on the elevated bv the said dam along the Richland shore at the same

shore. rates as shall be charged for the use of the water elevated along the

If owners of Lexington shore : Provided, farther, That if the owners of the Colutu-

Columbia , , , , i , i • i /-i ^ r i- . •

Canal agree to bia Caual shall make known to the said Congaree Manuracturing

make eontrib- ..... ,. , -, ■, , ,

utions, entitled Company, in writing, their readiness to make, and do make, such
in eoDstruction contributions, the owners of the said canal shall have and be en-
'^^' titled to claim and participate with said company in the location

and construction of said dam, and also to participate in all arrange-
ments as to compensation for damages caused by its flowage; such
location of said dam to be most equitable, as to amount of water
and expense, and to equalize the utilization of the entire waters of
the Congaree River : Provided, farther, That any and all questions
In case of of location or construction which cannot be agreed upon by the

disagreement . , ^ i • ^ ^ n \

as t* location, two Companies be referred to two engineers, selected irora the corps

&c., matter to . . . l- c -t

be referred to of United btates engineers, one by each ; and in case or a railure to

United States . i i • n i i ^i t-» •

engineer. agree on their part, then the matter to be decided by the Ji.ngineer-

in-Chief of the United States Array at Washington City, the ex-
penses accruing therefrom to be borne equally by each company:
Provided, further, That upon the completion of said dam, the said
Said com- companies shall keep in repair the said dam, to wit: The Congaree

panic to keep ,,„ ./-, iiir> it-^i j

dam in repair. Manufacturing Company the half next the JLexington snore, ana

the owners of the Columbia Canal the half next the Richland

shore; and the said companies shall become responsible, each to

the other, for any and all damages that may be caused to either

party by neglect in promptly repairing its portion of said dam.

Sec. 7. That if the flowage or elevation of the water caused by

In what said dam shall interfere with, the furnishing to the State Peniteu-

d'^isch'a^rged tiary, in the manner in which the same is now furnished by the

tionrto furnl"h owners of the Columbia C'anal, of the water power which, by their

Penitentiary. ^Q^^^g^f.^^ ^be owiiers of said caual are required to supply to the

OF 80UTH CAROLINA. 783

Penitentiary, they .-^liall tlicrehy be discliargtd i'roiii llitir ol)li;,'a- A. l>. is).

tions to furnish sucii water power : Provided, Tiiat if the owners of

the Cohinibia Canal shall be released from their present obligation

to furnish the water power required at the State Penitentiary, as

provided for in this Section, then if the owners of the Columbia

Canal shall unite with the Congaree Manufacturing Company in

buildinir the said dam, the two companies shall, jointly, furnish To furnish

... /• 1 -1 T> • water power

water i)ower, or its equivalent in steam power, for the said 1 eniten- <>r eriuiviik-nt

„ , ^ ,.11-1 • in s t c a in to

tiary, free of cost to the State tor all time, the maximum power to pfnitontiury.
be furnished to the Penitentiary being a power equal to one hun-
dred horse power; but if the Congaree Manufacturing Company
shall build said dam independently of the owners of the C'dumbia
Canal, then the said Congaree Manufacturing Company shall fur-
nish the said water power, or its equivalent in steam power, to the
State Penitentiary, in the same manner and to the same extent as
is hereinbefore provided.

Sec. 8. That this charter shall not go into effect until the amount Whenchiir-

. tor miiy go into

of one hundred thousand dollars shall be subscribed to the capital effect

stock of said company, ami the one-fourth of said amount shall Certificiites
... ", 1 • 1 (. 1 11 1 •/• 1 1 1 T^ . to be fileil in

be actually paid in cash, which lact shall be certined by the rresi- Secretary of

dent of the said company to the Secretary of State, with a list of '' ' *

the stockholders and the amount paid in by each. And the certifi- Certificate—

, . -11111 /r. • • 1 1 - w h a t to be

cate herein required shall be sufneient evidence to the owners oi evidence of.
the Columbia Canal of the ability of the Congaree Manufacturing
Company to go on with the building of said dara : Provided, That Cost of buiiil-
the cost of building said dam and the probable damages to be to be'firk'as-
caused by the tlowage or elevation of water shall be, as far as prac-
ticable, ascertained before the owners of the Columbia Canal shall
be required to join in the construction of said dam or to make con-
tributions thereto : And provided, further, That in case the Con- Rights herein
garee Manufacturing Company shall fail to give the evidence of when will re-
their ability to go on with the building of the dam as required in ^'"'^
Sections 6 and 8 of this Act, and shall not have actually expended
the sum of twenty thousand dollars in its construction within two
years from the passage of this Act, then in that case all the rights,
powers and franc hises herein granted to the Congaree Manufactur-
ing Com[)any shall revert to and become vested in the State..

Api)roved March 19, 1874.

784 STATUTES AT LARGE

A. D. 1S74. /^N ACT TO Amend Ciiaiteh XLV of Title XI, Part I, of

C^J \^ THE General Statutes, Relating to the Repairs of
No. 633. ^^ ^

Highways and Bridges.

Section 1. Be it enacted by the Senate and House of Repre-

Chaptcr XLV scotatives of the State of South Carolina, now met and sitting in

General Stat- General Assembly, and by the authority of the same, That Chapter

utes repealed. ^^^. ^^ ^.^^^ ^^ p_^^^ ^^ ^^ ^^^^ General Statutes be, and the

same is hereby, repealed, and the following substituted as such
Chapter :

Sec. 2. That the County Commissioners of the several Counties
Highway di>- of this State shall divide their respective Counties into highway
bedivided. districts, each district to contain not less than ten miles of public
highways, nor more than thirty miles, to be convenient for repair-
ing highways, and from time to time to alter the same.

Sec. 3. That for the purpose of keeping in repair highways, the
Persons liable Countv Commissioners of each County shall divide the persons
.iivis°ibie into liable to road duty in each highway district into convenient com-
companies. pj,QJgg^ and appoint an overseer of roads in each highway district,
Duties of whose duty it shall be to have the persons before named warned
uverseer. ^^^ ^^ work the Said roads whenever he may deem it necessary to

repair the same. He shall determine the number of days for work-
ing at each warning: Provided, That not more than six days are
required in a year. When the Commissioner having oversight
of such sections gives orders to the overseer to work the road, and
Penalty for he neglect to do the same, he shall be deemed guilty of a mis-
uegecto "'^- (jgjjjg^jjQP^ jjnd, upon conviction thereof in a Trial Justice's
Court, shall be fined in a sum not less than five nor more than
ten dollars.

Sec. 4. Any person liable to road duty, who shall have been
Persons liable duly warued two days before the day fixed in his notice for such
to direction of working. Stating the hour and place of working, shall be subject
to the direction of the overseer in charge. If any person of the
legal age refuse to work upon the highways and roads (having
no justifiable excuse) according to the direction of the overseer,
he shall be deemed guilty of a misdemeanor, and, upon con-
Penalty for viction thereof in a Trial Justice's Court, shall be fined in a sum
work. not less than five dollars, nor more than ten dollars, or be im-

prisoned in the County jail for a period of not less than five ror
more than twenty days.

Sec. 5. That on any extraordinary occasion, when any highway
Duty of over- ^\^r^]\ be suddenly obstrtucted by storm or otherwise, so as to require

-eerwhen •' -'

h i g h w a y i^ immediate labor to remove such obstruction, it shall be the duty of

-uddenly ob-
structed, the overseer iu whose district such obstruction occurs to proceed

OF SOUTH CAROLINA. 780

forthwith to liave such obstruction removed, aiul for lliis purpose ^- '*■ ^^*-
sliall summon to his aid a sufficient number of workmen to open ''"^'

and repair sucli highway. If any person siiall, in such case, Persons work-
perform more days' labor than is requirjed by law for the year, he tlliin si's d.^yy
shall be paid for any such overplus, at the rate of one dollar per '" ' ^' ''''"•^'
day, by the County Commissioners, upon the certificate of the
overseer showing that such overplus of labor was performed. If
on any such extraordinary occasion the overseer ehall, for the I'eni.ity in

£• J r^ !• i- 1 i 1 • !• 1 .fuse overseer

space or a day alter application made to him tor such purpose by n.Kiccts hi?

any citizen residing in his district, neglect to call out a sufficient ' "'*'

number of persons to speedily open and repair such highway, he

shall forfeit and pay to the County Commissioners of his County, to

be expended in the repair of highways, when and where necessary

in his district, the sura of fifteen (15) dollars, unless the overseer

shall show sufficient reason for such neglect, the said fifteen dollars

to be collected by an action for debt, in the name of such County

Commissioners, as plaintiffs, before any Trial Justice in said

County. If on any such extraordinary occasion any person liable

to work on highways, after being summoned for the purpose of Penalty for

removing such obstruction by the order of the overseer, shall neglect obey warning

to turn out and assist in opening and repairing such highway, he

shall be deemed guilty of a misdemeanor, and, upon conviction

thereof in any Trial Justice's Court, shall be fined three dollars per

day, said fine to be collected and expended as hereinbefore provided

in the matter of forfeitures of overseers.

Sec. 6. If any person receive bodily injury or damage in his Damages or

1 , i/> . 1 . /. 1-1 injuries re-

persou or property through a defect in the repair of a highway, ceiv-cd on ac-

, . , , . . . , count of (Icfec-

causeway or bridge, he may recover, in an action against the tive UiKinyays.
County, the amount of damages fixed by the finding of a jury, e n'uWo'j" t..
If such defect in any road, causeway or bridge existed before such ^^'^'
injury or damage occurred, such damages shall not be recovered by
the person so injured, if his load exceeded the ordinary weight, of
the County where such injury or damage occurred.

Sec. 7. If, before the commencement of an action provided for "When i.inin-

.... • ci • ^1 /-i ri • - 1 1 tiff not entitloil

in the foregoing oection, the County Commissioners tender to the to ver.ii.t.

plaintiff the amount which he might be entitled to recover, together

with all legal cost^, and the plaintifi" refuse to accept the same, and

does not recover upon subsequent trial a sum larger than the

amount so tendered, the defendants shall recover costs and the

plaintiff be entitled to the results of no verdict. If the Commis- P.n;iityfor

/> /-I 1 1 -1 .• I 1 • 1 ''ounty C o ni-

sioners oi any County neglect to have repaired any ot the high- ni i s sioncrs

1 I • 1 » • 1 1 1 • 1 ■ 1 I X • • nocleoting to

ways and bridges which by law are required to be kept in repair, put highwft>-s
they shall be deemed guilty of a mis<lemeauor, and, upon convic-
tion thereof, shall be fined in a sum not less than one hundred nor

786 STATUTES AT LARGE

A. D. 1S74. more than five hundred dollars, in the discretion of the Court. The

' County Commissioners shall authorize the overseer of any district

to allow a man working one day, and also furnishing a hor.«e, plough

or cart, two days' labor; and one working himself for one day and

furnishing a wagon and two horses, mules or oxen, three days' labor.

Sec. 8. All able-bodied male persons between the ages of eigh-

Pcrsoiis liable teen and forty-five years shall be liable annually to work on the

public highways and roads not less than three nor more than six

days, under the direction of the overseer of the district in which

they may reside. In warning men to work upon the public roads,

Overseer to the ovcrsecr shall make out a list for tlie warncr, requiring him to

■ give notice to each person the kind of tool he shall use in working

upon the highways and roads.

Sec. 9. That if any person, having been notified or warned as
How per- hereinbefore provided, shall pay to the County Treasurer of the

sons liable to . . . .

duty limy be Couutv iu whicli he may reside the sum of one dollar per day for
relieved. ^ . j i j

each day's work required, the same shall be received in lieu of such

labor, and shall be applied by the Commissioners of such County

to the construction and repair of the highways iu the districts to

which they belong.

Sec. 10. The overseers iu their respective districts shall have full

Special powers power to cut down and make use of any timber, wood, earth or

stone in or near the road, bridges or causeway, for the purpose of

repairing the same, as to them shall seem necessar}', making just

compensation therefor, should the same be demanded ; overseers

shall not authorize the cutting down of any timber trees reserved

by the owner iu clearing his land or j^lanted for the purpose of

shade or ornament, either in the fields, around the springs or about

the dwelling houses or appurtenances, nor the cutting down of

any rail timber when other timber may be procured at or near the

place, or take stone or earth from within the grounds of any person

enclosed for cultivation, without the consent of the owner of the

same. If any person or persons shall by any means hinder, forbid

or oppose the said overseers, or either of them, from cutting down

and making use of any timber, wood, stone or earth in any or near

said roads or causeways, for slight repairs of bridges, for the purpose

of making or repairing the same, or shall in any manner obstruct

the passage of said road, causeways or bridges by gates, fences,

ditches or any other obstructions, except where authorized by law,

or shall hinder, forbid or threaten any traveler from traveling any

public road, and every person for such offense shall be deemed

guilty of a misdemeanor, and, upon conviction thereof in a Trial

Justice's Court, shall be fined in a sum not less than five nor more

than ten dollars.

OF SOUTH CAROLINA. 787

Skc. 11. II" ;iiiy ]i('i-,-i(tn liable to |)orf'nnii such lalior shall remove ^- ^- ^^*-
from one County to another who IkuI, prior to such removal, per- ,, '
formed the whole or any part of" it, or in any othnr way lias paid f'Tiniiii' 'Imy

" ' - •' ' in oiu- ((iiinly

the whole or any part of tiie amount aforesaid in lieu of such nxcnipt rn.m

" ' . ^ _ (luiy in aiiotlicr

labor, and shall produce a certificate or receipt of the same from
the overseer of the district f"rom which such persons have removed,
such certificate or receipt shall operate as a complete discharge for
the amount therein speciiicd. The residence of any person who
has a family shall l)e held to be where his family resides, and the
residence of any other person shall be held to be where he boards
in any County of this State.

S IOC. 12. That the County Commissioners in this State are hereby Diitif.^ of
authorized and empowered to have special supervision of the ini.ssion e rs
building of new bridges over the rivers and creeks of this State; to VriJgcL'^''*'''
also of extra and expensive repairs of old bridges. When such
\vork is to be accomplished, the Commissioners shall give fifteen
days' notice in the County paper and in writing duly po.sted in the
neighborhood in which such work is to be performed, giving notice
that the Commissioners of the section in which such work is to be
performed will be at such a place on such a day and hour, with
suitable specifications to let out such work to the lowest bidder,
and to take from the successful bidder sufficient bond for the
faithful perf"orraance of his duty. When the work is done it shall
be inspected by the Commissioner letting it out, whose duty it
shall be to report the result of his investigation to the full Board,
"who shall accept or reject the same accordingly as they may
determine, whether or not the constructor has or has not complied
with the terms of his contract. If any bridge over waters of this
State which constitute a boundary line between Counties shall be
necessary to be erected or repaired, it shall be the duty of the
Ct)inmissioners of such Counties to cause the same to be erected or
repaired in the n)anner aforesaitl, each County bearing an equal
share of the expense so incurred. And wIkmi any such bridge
already exists, or shall hereafter be built, it shall be the duty of
said Commissioners to divide the same, by measurement from the
center; and each Board shall be responsible for the good condition
of the half next adjoining the County in which they exercise the
functions of office. And when it becomes necessary to build a new
bridge, or to entirely replace an old one which has been carried
away or destroyed, it shall be the duty of the Boards of the two
Counties to do the same as aforesaid.

Sec. 1'). That all Acts or parts of Acts inconsistent with this
Act be, and the same are hereby, repealed.

Approved March 19, 1874.

788 STATUTES AT LARGE

A. D. 1874. AN ACT TO Amend Sixtion 1, Chaiter VIII, Title II, Part I,
\^^T^ ^^ ^"^ General Statites of tue State of South Carolina,
Relating to the Time of Holdincj General Elections.

Section 1. Be it enacted by the Seriate and Hou-se of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That Section
1, Chapter VIII, Title II, Part I, of the General Statutes of the
State of South Carolina be, and the same is hereby, amended so as
Elections— to read as follows, viz.: "The next general election in this State shall

when tobelielil iiu ^^^i •• f i .-iTrr,

hereaftLT. DC held, pursuant to the provisions or amendment to Article II, Sec-
tion 11, of the Constitution of the State of South Carolina, on the
first Tuesday following the first Monday in November, 1874; and
forever thereafter on the first Tuesday following the first Monday in
November in every second year, said election to be conducted in
the same manner as is or may hereafter be provided by law."

Sec. 2. That all Acts or parts of Acts inconsistent with this Act,
for the purposes of this Act, are hereby repealed.

Approved March 19, 1874.

No. 635. AN ACT for the Better Protection of Land Owners and
Persons Renting Land to Others for A(;riculti ral Pur-
poses, AND to Amend Acts Relating Thereto.

Section 1. Be it enacted by the Senate and Hou.<e of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, Tliat in all
When owners cases where land is rented, either for a share of the crop or for a

ot land may . , , . ^ , ,

have 1 1 e n on Stipulated sum in mone\\ or for so much cotton, corn or other pro-
crop ot tenant.

duct of the soil, the laud so rented shall be deemed and taken to be

an advance for agricultural purposes, and the land owner, upon

reducing the contract of letting to writing and recording the same,

as provided in Section fifty-five of Chapter one hundred and twenty

of the Revised Statutes, shall have a lien on the crop which may be

made during the year upon the land, in preference to all other liens

Extent of existing or otherwise, to an amount not exceeding one-third of the

such lien. . ' .... « ,

entire crop so produced, to be applied to the satisfaction of the rent

Landlords Stipulated to be paid. In all such cases the landlord shall have all

^n"in rtght's.'*^'^ the rights accorded to persons advancing money and other supplies,

as provided in Sections 55 and 56 of the same Chapter, to the

Proviso. extent of one-fourth of the crop, as above stated : Provided, That the

OF SOUTH CAROLINA. 789

provisions of this Act .shall not :ij»i)ly to contracts made and re- •^- ^'- i'*^^.
corded prior to the passage of this Act.

Seo. 2. That Section 2 of an Act entitled ">\.n Act to amend an '-oction 2

iiinciiileil MO DC

Actentith^fl 'An Act to secure advances for aj^riciiitural purposes,'" '" in<;lu(l« all

approved INIarch 12, 1872, be, and the same is lurcby, aniciHlud by "ik in.-idu in-
• 1 • 1 1 • 1 • f • • 1 ..TIT, <! o r p o r (I t c d

Striking nut the words in lines nve, six and .seven, to wit : \\ ho citiei<. &c.

pursue their trade or calling, not within the limits of any incorpo-
rated city, town or village within thi.s State;" and strike out the " Hlackfmithn"
word " blacksmiths," in line five, Section two ; also, by striking out
t!ie word "ten," in the eighth line of Section two, and inserting in . 'Twenty"

, . ..... . iii^'fTti-fl in lieu

lieu thereof the word "twenty;" and inserting in said eighth line, or "tcu."
between the words "mile" ami " which," the words "and five dol- uXx^i^ry!^'*^
lars for each and every case of midwifery."

Sec. 3. That all x-Vcts or parts of Acts inconsistent with this Act
are hereby repealed, so far as they relate to or conflict with this
Act.

Approved March 19, 1874.

AN ACT TO Authorize the Comptroller General to Make No. 036.
Abatements of Taxes.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That when-
ever any person or persons charged with taxes upon the books of
any County Treasurer in this State shall declare, in writing, to said
Treasurer that he or they have been erroneously or illegally charged iiow pcr.son.-
with the same, the said County Treasurer shall submit to the County Te s"'^eT'm"fy
Auditor a lull statement of the facts in the case, which statement jJiiatVi.***^'
shall be submitted to the inspection and recommendation of the
County Board of Equalization of said County, and their endorse-
ment thereon shall be forwarded to the Comptroller General, with
such additional information thereto as the said County Auditor may
give. And the Comptroller General is hereby authoriz.ed and di- c..iiii'tr..ii.T
reeled to make such abatements in taxes incases of erroneous or ,,1 a ko'^n'mii
illegal assessments, before or after the collections upon the same i',o^V.."n"'t hV
shall have been made, as in his judgment the same may demand or ' '""""" J"'*-
the recommendation of the County Board of Eipialization may
justify.

Sec. 2. That in cases of abatement where parties have paid their lo eive or-
taxes, the Comptroller General is hereby authorized and directed of uixes paull'
to give said parties orders on the Treasurer for the portion of
52

790 STATUTES AT LARGE

A. D. 1874. tax abated, which shall be receivable for taxes if not paid in
^■^' ^ cash.

Sec. 3. That all Acts or parts of Acta inconsistent with this Act
are hereby repealed.

Approved March 19, 1874.

No. 637. AN ACT Concerning Submarine Sites for Lighthouses awd

Other Aids to Navigation.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That whenever the "United
Governor of States desire to acquire title to land belonging to the State and
title^o UnUed covered by the navigable waters of the United States, within the
fof^submarine limits thereof, for the site of a lighthouse, beacon, or other aid to
^"^^' navigation, and application is made by a duly authorized agent of

the United States, describing the site required for one of the pur-
poses aforesaid, then the Governor of the State is authorized and
empowered to convey the title to the United States, and to cede to
the said United States jurisdiction over the same : Provided, No
Amount single tract shall contain more than ten (10) acres, and that the
limited. State shall retain concurrent jurisdiction so for that all process, civil

Jurisdiction or Criminal, issuing under the authority of the State may be exe-
sofedld?*^^"""^ cuted by the proper officers thereof upon any person or persons
amenable to the same within the limits of land so ceded, in like
manner and to like effect as if this Act had never been passed.
Approved March 19, 1874.

No. 638. AN ACT to Require the County Commissioners of Charles-
ton County to Open a Public Road from Summerville to
Strawberry Depot, in Said County.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the County Coraraission-
County Com- eJ^ of Charleston County be, and they are hereby, directed and
irp^e'n"pubHc required, within three months after the passage of this Act, to open
'■"'''^- and lay out a public road in said County, from Summerville, by

Harmon's Church, to some point on the State Road near Rhames'
0I<1 xMill, thence by Groomsville to Strawberry Depot, on the North-
eastern Railroad.

Approved March 19, 1874.

OF SOUTH CAROLINA.
AN ACT TO RKcnAHTKu Sa.^kv,-. I.'kkkv. Across Bkoai,

Jv'VKR, IN Si'AinAMiURG CoUNTY.

701
A. I). IHTI.

No. (iliO.

Stf !'.•":!;'','." ","■ •'"'■"* "'"' """'^ "f Representative, „f the
,: "' *"'""' <;-»i"linii, now met and silting in General A«,.n,hlv

Hi e^-n'sr:::;'^ T '"-'■ ""-' '--'^ '•■-"»' -ntl^a ...... ...

imer, ,n .Spartanburg C„„nty, an tl,e r„a,l lea.ling from the town ''•«'■"""■'
an<l ti,e»an,e „ hereby, rechartered for the tern, of twenty y -ari

oi; diih Sat: M r^'' i '".'■' ^"- """ ■■' ^-^"^ --'"" - -

to It r wit P r" "'"' "-"^'S"'. «i'h the following rates of"'""'

toll,to«,t: ior each wagon and fonr or more horses, fifty cent,- ,u,c. ■
t l::tr7 "' r™ '"'""•"' P'-^nreearriage and'two'hor , -'-' '■

one lu, e^ T " "•■'^°"' ^"'""S^' '"'t'fe'^ "^ ""'- -'l-Ie, with
one ho, e twenty eent,,,- for eaeh person on horseback, ten ^ents-
fo, each head of ho,ses or cattle, five cents; for each hJad of hog^

fron elect ons, ch,ldren and teachers going to and returning from
school, and olergynen. shall be exempt from paying toll.

Approved Jlaich 19, ;874.

No. 6J0.

CoriJorator^.

AN ACT TO Incorporate the Greenville Working Men's

Society.

Section 1. B, it enacted by the Senate and Hou,.e of Renre

Ge,,era, Assembly, and by the authority of the same. That Benj,™ n
L Roberts Ihomas Lewi,, Alexander Maxwell, Lewis Bu klev
Sandy A. Johnson. Sanders Bur„.<, William Thoma... E. Kainey
Koberts, Sa,n,,el Tho„,ps„n, Thoma, Brier, Wilson Co k, H nder

uch other pet^on, as may now or hereafter ..hall be a,sociated
w, h them arc hereby made and declared a body politic and corpo-

C'ey sec'^ed'hTr ',' """'"'"f ""' '^'^''^ """<'"" ''"- "^ «"^- '■'■
money secured by mortgage on real estate and pergonal rironertv '""■""■""»•

name a, ,1 .,ylc of the Greenville Working Men's Society

o«i.f ' "■ A ""u" '«""=''"'■<>" '^(oTmM shall have succession of ,.„„.„ .„,,
olBcers and members acco,-di„g to i„ bylaws, and shall have ""'■'''-'•
power to make by.laws not repugnant to the law., of the land, and
to have, use and keep a common seal, and the same to alter at will ■
to sue and be sued ple.ad and be impleaded, in any Court in this
btate; and „ hereby empowered to retain, possess and enjoy all

792 STATUTES AT LARGE

A. D. 1874. such property, real and personal, as it may possess or be entitled to,
"-^•^ or which may be hereafter purchased or in any way acquired by it,

and to sell, alien or transfer the same.

Sec. 3. That this Act shall be deemed a public Act and continue

in force for the terra of twenty years.

Approved March 19, 1874.

No. 641. AN ACT to Incorporate the Young Men's Christian

Society, of Chester, S. C.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That M. R.
Corporators. Browu, Thomas Brown, A. L. Lewis, Meek Alexander, Thomas
Attles, Alfred Fair, J. Gilmore, and their associates and successors,
are hereby declared a body politic and corporate, by the name and
Corporate style of the "Young Men's Christian Society, of Chester, S. C,"
"''"^' and by that name shall have succession of officers and members and

a common seal.

Sec. 2. That said corporation shall be capable in law to purchase
Powers and and hold real and personal property, not exceeding in value ten
privileges. t^ousand dollars ; and by its corporate name to sue and be sued, and
to make such rules and by-laws as the members thereof may deem
expedient and necessary for the promotion of Christian fellowship
and benevolence, and for the order, good government and manage-
ment thereof: Provided, The same are not repugnant to the laws of

the land.

Sec. 3. This Act shall be deemed a public Act and continue in

force until repealed.

Approved March 19, 1874.

No. 642. AN ACT to Charter the Newberry and Augusta Railroad

Company.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That J. M.
rorporator.. Baxter, H. C. Corwin. W. G. Mayes, T. B. Jeter, A. H. Foster,
William Munro, Joseph Walker, D. R. Duncan, Joseph Crews,
J. H. Evins, G. Cannon, and their associates and successors, be, and

OF SOUTH CAROLINA. 793

they lire hereby, dcchired a body politic and corjiorute, under llie ^- "• ^*'^'-
name and stylo of the Newberry and Augusta Railroad Company. ^''^"^t-

Skc. 2. That the .'<aid company are authorized to construct a rail- ii'nii«.
way from such point on the Spartanburg and Union Railnmd as
said company may determine to the town of Newberry, and thence Lin<- of rou<l.
to the city of Augusta, in the State of Georgia, with the privilege of
constructing a branch to Columbia, with all the rights, privi- invested witli
leges and immunities granted to the Greenville and Columbia rV'J i.y ciuirter
Railroad Company, and under the Act incorporating the same, and ,',,„| Columbia
the several Acts amendatory thereof, so far as they may be applica-
ble to the purposes of the charter hereby granted : Provided, That i^rovi^o.
nothing shall be construed herein so as to exempt the said
company from the provisions of Section 1, Chapter LXIII, of
the General Statutes: Provided, further, That nothing herein
contained shall be so construed as to exempt said company from
taxation.

Sec. 3. That said company is authorized to receive subscriptions Suh-criptionf

. • • 1 1 • , , . 1 , 1 1 to ciipitul stock

to Its capital stock in land or labor, as may be agreed upon between
said company and said subscribers, and may acquire, by grant, pur-
chase, lease or otherwise, any estate, real or personal, whatsoever,
and to hold, use, sell, convey and dispose of the same as the interest
of said company requires; and the stockholders of said company Liaiiiiity of
shall only be liable to the amount of the stock subscribed by said
stockholders.

Skc. 4. That the several Counties, cities and towns interested in n<>w Counticf

1 • ,. • 1 1 11 1-1 1-1 '"">■ subscribe.

the construction or said road are hereby authorized to subscribe to
the capital stock of the same, in manner and form, with the same
privileges and restrictions as are conferred and imposed in an Act
entitled "An Act to authorize the formation of and to incorporate
the Laurens and Asheville Railroad."

Skc. 5. That the capital stock of said company may be increased im-reasc of
to the sum of two inillion dollars; and the said company shall have '^'' ' '
authority to organize and elect its officers and Directors as soon wiipmnnv

•' "^ _ c o III lu e n c ••

as the sum of fifty th(nisand dollars shall have been subscribed, busiiuyw.
and the said stock shall be divided into shares of fifty dollars
each.

Sec. n. This Act shall be deemed a public Act and shall con-
tinue in force for twenty-one years: Provided, This road shall be
commenced within three years and completed within seven years
from the passage of this Act.

Approved March 1!>, 1-^74.

794 STATUTES AT LARGE

A. D. 1874. AN ACT TO Incorporate the Ciiesteu Builuinc; and Loan

■ '* ' Association, of Chester.

No. »)43.

Section \. Be it enacted by the Senate and House of Repre-
sentatives of the State 6f South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That Giles
Corporators. J. Pattersou, Jolin J. McClure, Wm. H. Brawley, John L. Agurs,
John Lee, J. W. Wilkes, George W. Melton, Wm. H. Stringfel-
low, John Lilley, J. H. Guuhouse, David Hemphill, J. L. Harris
and James M. Brawley, together with such other jxirsons as now
are or hereafter may be associated with them, be, and they are
hereby, declared a body politic and corporate, for the purpose of
making loans of money, secured by mortgage on real estate or per-
sonal property, or by conveyance of the same to their menjbers and
Corporate Stockholders, by the name and style of the Chester Building and
name. -j^^^^^^ Association. The capital stock of said association may con-

Capital stock, sist of one thousand shares; but as soon as two hundred shares are
subscribed thereto the said association may organize and commence
operations ; said shares to be paid by successive monthly install-
ments of one dollar on each share so long as the said association
shall continue; the said shares to be held, transferred, assigned and
pledged, and the holders thereof to be subject to such fines, penal-
ties and forfeitures for default in their payments, as the regulations
and by-laws of the said association may prescribe.

Sec. 2. That the said association shall have such number and suc-
Genera 1 cession of officers and members as shall be ordained and chosen ac-
powers. cording to the rules and by-laws made, or to be made, by them for their

government ; and shall have power and authority, from time to time,
and at all times, to make all such rules, regulations and by-laws as
are not repugnant to the Constitution and laws of the land ; to have
and keep a common seal, and the same to alter at will; to sue and
be sued, implead and be impleaded, in any Court of this State ; and
shall have and enjoy every right and privilege incident and be-
longing to corporate bodies, according to the laws of the land.
Sec. 3. That the said corporation shall have power to take, pur-
May acquire chase and hold real estate, and to sell and transfer the same, from
■r"d esme! *" ^ time to time, on such terms, and under such conditions, and subject
to such regulations, as may be prescribed by the rules and by-laws
of said corporation : Provided, That the real estate held by said
corporation shall not at any time exceed the value of two hundred
thousand dollars.

Sec. 4, That the funds of said corporation shall be loaned and
Investment advanced to the members and stockholders upon the security of real
'' ''""^'^- and personal estate, and used in the purchase of real estate for the

OF SOUTH CAROLINA. 795

beuefit of ila members ami stockholders, on such terms, an.l un.ler A. 1,. IH74.

such coiKhtloua, and subject to such regulations, as n.ay, from time ' ^ '

to time, be preseribe.l I,y the rules and by-laws of the said corpora-
tion; and It shall be lawful for the said corporation to hold such
lands, tenements, hereditaments and personal property a.< shall be
mortgaged or conveyed to them in good faith by way of security
upon Its loans and advances ; and may sell, alien or otherwise dis-
pose of the same as they may, from time to time, deem expedient

Si=c. 5. That whenever it shall occur that the funds of the cor- Unnro.luctive
porat.on shall remain unproductive and uncalled for, the corpora- loXjou^ '"'
tion shall have power to lend whatever amount may be thus oa
hand to others than stockholders and members, for such time, and
at such rates of interest, as may be established by virtue of 'such
rules and by-laws as may be made by said corporation.

Sec. 6. The said corporation shall have the right, out of its Dindcnd«
prohts, to declare and pay semi-annual or annual dividends on stock
held therein, whether paid up in whole or in part, according to such
proportions as its rules may establish, but no dividends shall ever
be paid so as to diminish the capital stock.

tion sliall have accumulated to such an amount that, upon a fair S't^"'^"" "^

division thereof, each stockholder, for each and every share of ^tock

held by h.m or her, shall have received, or be entitled to receive

the sum of two hundred dollars, or the value thereof in property

and assets, the said corporation shall then cease a.id determine"-

I^rovided, hozcever, That in case the said corporation shall not have

closed Its operations and affairs as above provided fbr within a

shorter period, then this Act shall not continue in fbrce beyond ten

years.

Sec. 8. That this Act shall be deemed a public Act and be -iven
aud received la evidence without being specially pleaded. ^

Approved March 19, 1874.

AN ACT TO INCOKI'ORATE THE Co-OPEKATCOX SOCIETY OF No 644
YORKVILLE, S, C.

Section I. Be it enacted by the Senate and House of Kopre-
scntafves of the State of Sonth Carolina, n..w n.ot and sitting in

?VKr M^r'^r;'^''.'"^ ^' ^'^^ ^^"''"'■'■^>' ^^^ ^'^^ ^"'"^- That J. H. corporator.

White, Ne son Davies. C. E. Butler, Allen Beatty. E.lward Wheeler.
Gilbert D.Hard. Frank Edwards, and their as'sociates and succes-
.-ors, be, and they are hereby, declared a body corporafo and puliti.

7Q6 STATUTES AT LARGE

A. D. 1874. by the name and style of Co-operation Society of Yorkville, S. C,

—^ • for the promotion of charity and benevolence, and, as such, shall

name^"'""'"'' have succession of officers and members, and have and use a com-
poser, and mon seal ; and that they have power, by their corporate name and
privileges. ^^^j^^ ^^ g^g ^^^ be sued, to plead and be impleaded, and to make
their' own bv-laws, not inconsistent with the laws of the land, with
power to purchase and hold real and personal estate to the amount
of ten thousand dollars.

Sec. 2. That this Act shall be deemed and taken as a public-
Act and shall remain of force for the term of twenty-one years.
Approved March lU, 1874.

No 645. AN ACT to Incorporate the Mount Carmel Methodist
Church, of Dry Creek, Lancaster County.

Corporators. ^^^ ■ ^^^ ^^^ ^^^^^^ ^^^ ^^^^^^^^^ ^^ ^^^ ^j^^^^ ^^^^^^ Methodist

Church, now existing at Dry Creek, Lancaster County, be and

the same are herebv, incorporated and declared to be a body

corporate corporate, by the name and style of the Mount Carmel Methodist

name^""^ Church of Drv Creek, Lancaster County, and by that name and

style shall have succession of officers and members, and shall have

a common seal.

Sec '> That the said corporation shall have power to purchase.
Power, and receive and hold any real or personal estate, not exceeding in value
priS^ the sum of ten thousand dollars, and to sell, convey and dispose of
the same; and by its corporate name may sue and be sued in any
Court of this State ; and to make such rules and by-laws, not repug-
nant to law, as it may consider necessary and expedient, and as
shall, from time to time, be agreed upon by its members or by a

majority of them. , . , x^ a

Sec. 3. That the said corporation shall be, and is hereby de-
clared to be, able to have, receive, retain and enjoy all such estate,
real or personal, that the said corporation is now possessed or
entitled to, or that has already been conveyed, given, devi-sed or
" bequeathed to said corporation, or to any person or persons for the
use of said corporation, by or in whatever name such conveyance,
release, devise or bequest may have been made.

Sec. 4. That this Act shall be deemed and held to be a public
Act and shall continue in force until repealed. .

1 t\ 1 OT A

OF SOUTH CAROLINA. 797

No. 04().

AN ACT TO Recilatk tuk Sam: of Intoxicatin(; Lu^uors, '^- "• '""•♦•
AND TO Alter and Amend the Law in Relation
Thereto.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and l)y the authority of the same, That the
provisions of Chapter eighty (LXXX) of Title fourteen, (XIV,) Provisions of
Part one, (Ij of the General Statutes, relating to the granting of api.iic.iijk-o'ni'y

. .1 5 ^ !• 1 11 1 I 1 1 1 t" licon.scs in

retail and tavern licenses, be, and the same are hereby declared to i neori.onited
be, applicable solely and confined to the granting of such licenses jj ".' ^
inside of the incorporate limits of cities, towns and villages.

Sec. 2. The proper municipal authorities of all incorporated Licenses for

, 1 -ii 1 11 1 1- -"•'•le ot spiritu-

cities, towns and villages shall have power to grant licenses to ou^ liquors in-

.•1 ••• T ••1.1. , T • f !•• ^iJe <il incor-

retail spirituous liquors inside the incorporate limits of such cities, porau.i eitics.

towns and villages, in quantities less than one quart, to keepers of tViined.*^

drinking saloons and eating houses, apart from taverns, and to fix

the price of the same, which shall not be less than seventy-five Costof?amc.

dollars, the person to whom the same is granted being first recom- On whose re-

meuded by six respectable taxpayers of his neighborhood, and granted"

entering into a bond in the sura of one thousand dollars, with three Bond.

good sureties, for the keeping of an orderly house, and for the

due observance of all laws relating to the retailing of spirituous

liquors.

Sec. 3. The proper municipal authorities of all incorporated License? for

1 -n 1 11 1 1- ,.1 wines, c i d e r.

Cities, towns and villages shall have power to grant licenses for the cVc, h ow ob-
retailing of wine, cider, brewed or malt liquors, within the incor-
porate limits of said cities, towns and villages, upon the payment
of a license fee of not less than twenty-five dollars, the person to Cost,
whom the said license is granted being first recommended by six On whose re-
respectable taxpayers of his neighborhood, and entering a bond in ''O'""'-' "«*"'"»"
the sum of five hundred dollars, with two good sureties, for the uond.
keeping of an orderly house, and for the observance of all laws
regulating the sale of such liquors, and that he will not sell any
spirituous liquors or any admixture thereof

Sec. 4. Any person intending to apply for a license to retail Petition for
spirituous liquors in quantities less than one quart, outside of o"u s"*^ n.nV'"'
incorporate cities, towns and villages, shall file his petition with In^.J.'' ^
the Clerk of the Circuit Court of the County where he resides,
fifteen days before the first or second session of said Court in
each your, setting forth the locality and township where he
j)r()poses to retail such liquors, with a certificate of six respect- Rccommend-
able taxpayers of his neighborhood that ho is a person of tem- "*'""'
perate habits and good moral character, and shall i)ay to said
Clerk a fee of two dollars for his services in connection with the rio.L- < f.>^

ors,
o ni

798 STATUTES AT LARGE

A. D. 1874. game; aud it shall be the duty of the said Clerk to place a
Ir^"*" ^' notice on the court house door of such application, giving the

Notice of up- ' ' ' - °

plication. name of such person, the place of hi.s re.sidence, aud the names

of the persons recommending him, and the petition and accom-

Petition to be panvinor certificate shall be submitted to tlie grand jury of

submitted to*^-'» /-.ii

grand jury. the Couutv, at the first ensuing terra of the Court, who shall,
in their presentment, report whether or not the petitioner should
receive a license, and the price at which the same shall be granted,
(which price shall be uniform for all applicants,) and the pre-
siding Judge of the Circuit, unless good cause be shown to
Cievktocer- the Contrary, shall order the Clerk to certify the proceedings to the

tify decision of ^ . . , , , ',, ,. ,,

grand jury to County Commissioners, who thereupon shall grant a license to the

<."ounty Com- " iiii t • i c \.

missiouers. person recommended by the grand jury, upon the payment or the
license fee fixed by them, which shall not, in any case, be less than
Bond. fifty dollars; and the person to whom the same is granted shall

enter into a recognizance, with at least three good sureties, in the
sura of one thousand dollars, for the keeping of an orderly house,
and for the due observance of all laws relating to the retailing of
spirituous liquors.

Sec. 5. The County Commissioners of the several Counties of
Licenses for this State shall have power to grant licenses for the retailing of

sale ot wines, '■ ° , . , . .

cider, Ac wine, cider, malt and brewed liquors, in places outside of incorpo-

rated cities, towns and villages, to any person of temperate habits
and good moral character who may be recommended by four re-
spectable citizens of his neighborhood, upon the payment of a
Cost. license fee of twenty-five dollars, said person to enter into a recog-

Bopd. nizance in the sum of five hundred dollars, with two good sureties,

that he will keep an orderly house, and that he will not sell spiritu-
ous liquors or any admixture thereof.

Sec. G. All persons engaged in retailing liquors under licenses
Licenses to granted in accordance with this Act, or under tavern licenses

be exposed to , , . . , in i • i- . uv

public view, granted under pre-existiug laws, shall expose their licenses to public

view in their chief place of making sales, and no such license

shall authorize sales by any person neglecting this requirement;

and any person selling or retailing intoxicating liquors without a

Penalty for license shall be deemed guilty of a misdemeanor, and, upon con-

iic"n"e,'A-c!'°'^'^ viction thereof, shall be fined not less than fifty dollars nor more
than two hundred dollars, or imprisoned not less than one month
or more than six months, or both; and any person who shall
be convicted of retailing spirituous liquors, or any admixture
thereof, while engaged in retailing under a license to sell wine,
cider, malt or brewed liquors, shall suff*er a like punishment, and
shall, beside, forfeit his license. Any person who shall be con-
victed twice within two years for retailing without license shall

OF SOUTH CAROLINA, 799

not be entitd to receive a license for two years next succeeding the A- ^- 18'^4.
date of the ist conviction, and any license granted to such person ^' ''
shall be uttdy without effect and shall afford no protection.

Sec, 7, Mllfully furnishing any intoxicating drink, by sale, gift Selling liquor
or otherwiseto any person of known intemperate habits, or to any temperate'per-
person wheiilruuk or intoxicated, or to a minor, or to any insane InTiJSatic^s'^a
person, for ib as a beverage, shall be held and deemed a misde- ^'^^emeanor.
meanor, andupon conviction thereof, the offender shall be fined How punished,
not less tha ten dollars nor more than one hundred dollars, and
imprisoned rt less than ten days or more than thirty days; and it
shall be lawii for any member of the family, or blood relation, or
guardian of uch intemperate person or minor, and for the com-
mittee of sui insane person, or for any Trial Justice of the town-
ship where ay or either of such persons reside or have their legal
settlement, t give a notice in writing to any person or persons Notice for-

„„„„„!• •]• n- 1 • • , • ', • T f t • 1 bidding sale to

engaged in itaihng, selling or having intoxicating liquors, forbid- such persons.
ding him or lem, as the case may be, from furnishing such intem-
perate perso, minor or insane person with intoxicating drinks or
liquors; audf, within three months of the time of such notice, any
person to wbm the same is given shall furnish, or cause to be
furnished, an intoxicating liquors to such intemperate person, minor
or insane penn, to be used as a beverage, he or they shall be held
severally respnsible for any injury to person or property, which
may occur ittonsequence of such furnishing, and any one aggrieved
may recover amages against the person so furnishing by an action
instituted inany Court of this State having jurisdiction of civil
actions; and n case any wife shall give such notice, she shall be Wife, giving
entitled to re)ver of the person furnishing intoxicating liquor to may have^ _ac-
her husband, a an action in her own name, such damages as any se\fer? ^^^^'^^
Court or jurynay award, for the maintenance of herself and family
during the pdod when her husband, by reason of such furnishing,
is incapable f providing for the proper support of her or them ;
and in any aeon brought in accordance with the provisions of this
Section, the ond of the person furnishing intoxicating drinks or
liquors shall e liable for the damages recovered to the extent of
the penalty tbreof, in case the same cannot be satisfied out of the
property of t3 defendant in such action.

Sec. 8. An person who shall be found drunk or grossly intoxi- Punishment
cated in any ;reet, highway, public house or public place shall be i^drunk frthe
fined, upon v w of or upon proof made before any Mayor or other * '^*^ ' *^'
municipal ofli^r or Trial Justice, not exceeding five dollars; and if
the same is n( paid, imprisoned not exceeding five days; and any
person who sail sell intoxicating liquors to such person, to be
drank on thoremises where sold, whereby the said person shall

800 STATUTES AT LARGE

A. D. ISTJ. become intoxicated, shall, besides iiis liability under Section (7)
^TT^r. , seven of this Act, be liable to pay to the wife, parent, child or euar-

Linbility of ' •' ' i n i-

seller to t^uch dian of the person so found intoxicated the sura of five dollars for
person. , /». i • • /• i i i /•

every such oiieuse, to be recovered in an action or debt before any

AVhen suit Trial Justice having jurisdiction of the person of the defendant:

may be com- t^ • i t mi • i n i • ■ in ^ c i

luenced. rrovided, ihat no suit shall be instituted after ten days from the

commission of the offense mentioned in this Section.
Sec. 9. Whenever any riot or other breach of the peace sliall
Liability of occur at Or within any tavern, drinking saloon, or other place where

.seller on ac- ..... i i i • ^ i- i i

couiitof riot or lutoxicatiiig liquors are sold, the proprietor or keeper of sucli place
ou his premises shall be deemed and taken to be an aider and abettor in such riot
or other breach of the peace, and shall be liable to be prosecuted
and punished as such, unless such person can show that such riot or
other breach of the peace was not caused by the persons engaged
therein becoming intoxicated on said premises.

Sec. 10. It shall not be lawful for any person to sell, trade or
Sale of liquors barter any spirituous or malt liquors, cider or wine, on Sunday; and

on Sunday un- -^ r -i ' j '

lawful. any person so doing shall be liable to a fine of not less than ten

dollars or more than two hundred dollars, or imprisonment for not
less than ten days or more than two months.

Sec. 11. The municipal authorities of incorporated cities, towns
Fee for quart and villages, aud the County Commissioners of Counties, shall have
power to grant licenses for the selling of intoxicating liquors by the
quart, upon the payment of a license fee of not less than fifty dol-
lars; and any person to whom such license is granted who shall
permit such intoxicating liquors to be drank ou the premises where
sold shall forfeit his license, aud the same shall not be renewed
■within a year from the time of forfeiture. All of the provisions of
Section (10) ten of this Act, forbidding the sale of liquors at cer-
tain times therein mentioned, shall be applicable to the sale of
liquors as provided for in this Section, and like penalties shall be
inflicted upon any person who, under licenses granted in accordance
with this Section, shall make sales at the period therein prohibited:
Noiicenseto Provided, That no license shall be granted by the County Commis-

b«< ffranted un- • n rr . . i j

til after pay- siouers of any County to any person or persons recommendea or
mento iccnse j^ppjyj^g f^j. ^j^p game Until the person or persons so recommended
or applying shall have first paid the County Treasurer of the re-
spective County the license fee herein authorized, and shall present
the receipt of the Treasurer to the County Commissioners as the
evidence of said payment, which license fee shall be placed in the
County fund for County purposes.

Sec. 12. It shall not be lawful for any apothecary, druggist or

other persons to sell, trade or barter any bitters of which spirituous

' or malt liquors are an ingredient, or any other medicated liquors,

OP SOUTH CAROLINA. 801

l)y the bottle or l)y tli(> drink, to :iiiy person except upon the pri;- ■^- "• '"'•*•
scription of a reguhir physician, unless such ai)othecary, (lru;;gi8t or j,"]^^,^^^ („
other person shall obtain a license to sell such liquors as pnjvided iu ■,,'"|I. ',,,,,',n'pr"
Section eleven (11) of this Act, the price of such license to be not less •'oripti.-n of
than fifty dollars: Provided, That upon obtaininjf such license; such i'"n».
apothecary, druggist or other person shall be entitled to sell other provi-o.
liipiors as in case of persons having licenses to sell by the quart.
Any apothecary, (lruj,'i;ist or other jjcrsons violating the provisions
of this Section sliall, upon conviction, be subject to the same penal-
ties as are prescribed by law for persons selling spirituous liquors
under like circumstances without a license.

Si'X'. 13. It shall be the duty of the Court, Mayor or other muni- ,JtiSiT)*'oife-
cipal authorities of a city, town or village, or Trial Justice, before [y^Jy^^'J^ ''"^'
whom any fine may be recovered in accordance with the provisions
of this Act, to award to the informer or prosecutor a reasonable
share thereof for his time and trouble, but not in any case exceed- Residue ap-
inof one-third, and the residue, as well as the proceeds of all forfeited s c h o o i pur-

* l)0?e».

bonds, shall be paid to the Trustees of the public schools of the
school district wherein the parties convicted reside.

Sec. 14. That all Acts or parts of Acts inconsistent with and
repugnant to the provisions of this Act are, for the purposes of this
Act, hereby repealed.

Approved March 19, 1874.

JOINT RESOLUTIONS.

JOINT RESOLUTION to Ri:i.uike Edw.\rd I. Cain, Shi: riff No. 1.

OF ORANOICnUKG CoUNTY, TO GiVE A NeW OFFICIAL BOND.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That Edward I. Cain, the Sherilf E.lwar.l I.,
of Orangeburg County, be, and he is hereby, required to make and oVII'mu'o imrg
file with the County Commissioners of the said County of Orange- a "".'.V ' obidai
burg, within ten days after the passage of this Joint Resolution, a
new official bond, with good and sufficient sureties, to be approved
by thera ; and upon his failure, within the time above limited, to
present to the said Board of County Commissioners a bond of which Connty Com-

. . ,. , -1 • 1 " , 1 n- f oi •*«' C mi''-''i'>nors to

they shall approve, then, and in that event, the olnce ot olieritl ol u,,,,rove.

802 STATUTES AT LARGE

A. D. 1873. i\^Q gr^ij County be, and the same is hereby, declared to be vacated;

"" and the said Board of County Commissioners shall notify His

Governor to Excellency the Governor of the State of such failure, who shall at

order an dec- . /.-ir.

tion. once order an election for the filling of said office; and the sureties

on the official bond of said Sheriff shall, from the date of such
notification, be, and they are hereby, relieved of all liability and
responsibility on account thereof accruing subsequent thereto:
Proviso. Provided, That nothing herein contained shall be construed to
relieve said sureties from any liability on account of any acts or
omissions on the part of said Sheriff prior to the time herein above
stated.

Approved December 20, 1873.

No. 2. JOINT RESOLUTION Authorizing the County Commission-
ers OF Kershaw County to Levy a Special Tax.

Section 1. Be it resolved by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting iu
General Assembly, and by the authority of the same, That the
County Com- County Commissioners of Kershaw County be, and they are hereby,

m iKsioners of -^ j ' j j

Kershaw Coun- authorized and directed to levy a special tax of two (2) mills on

ty to 1 e V y a ' .

special tax to the dollar on all the taxable property of said County for the fiscal

pay past in-
debtedness, year commencing November 1st, 1873, and continue the collection

of the same each succeeding year until the sum of fifteen thousand

dollars (815,000) shall have been collected, said sum to be used

exclusively for the purpose of paying the past indebtedness of the

said Kershaw County.

Sec. 2. That all persons holding claims against said County be,

Persons hold- and they are hereby, required to file a list of such claims, with the

ing claims to , , t n • ^ rr^ n i r-, /-i • •

file a list with amount and date thereof, in the office of the County Commissioners

County Com- , „ ^ i r

missioners. before payment thereof.

Approved December 20, 1873.

No. 3. JOINT RESOLUTION to Authorize the County Commis-
sioners of Edgefield County to Levy a Special Tax of
Three (3) Mills, to be Levied at the Time of the
General Tax.

Section 1. Be it resolved by the Senate and House of Repre-

CountyCom- sentatives of the State of South Carolina, now met and sitting in

Ed' geTe 1 d General Assembly, and by the authority of the same, That the

spedaf tex."^^^ County Commissioners of Edgefield County be, and they are hereby,

OF SOUTH CAROLINA. 803

jiiitliorized to levy luid collect a 3i)ec'ml tax of three (3) mills on the ^- ^'- "'^^■

(lolhir on all the taxal)le property of said Coniity, for the year '

eliding October ;>1, 1.S74, and contiruie the colledion of the same

each succeeding year until the pa.st indebtedness of the said County

is fully paid and discharged. "■

Sec. 2. That this Joint Resolution shall take effect immediately p^^J|''° '*' '*''•
upon its passage.

Approved December 22, 1873.

JOINT RESOLUTION to Relieve Tarleton McGrew. of No. 4.
Orangeburg County, from Legal Disabilities.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly, Jarioton Me-
and by the authority of the same, That Tarleton McGrew, a resi- diHabiiiues ro-
dent of Orangeburg County, be, and he is hereby, restored to the
right to testify in all the Courts of this State.

Approved February 6, 1874.

JOINT RESOLUTION Authorizing the County Commission- No. o.
ers of Chestekfielu County to Cause to be Levied and
Collected a Special Tax of Two (2) Mills.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That the County Commissionera CoantyCom-
of Chesterfield County be, and they are hereby, authorized to cause icvysVociliitax
to be levied and collected, at the same time and in the same man-
ner as the general tax is levied and collectetl, a special tax of two
(2) mills upon the dollar on all the taxable property of the said
County, .'^aid tax to be devoted exclusively to the payment of the
past due indebtedness of said County.

Approved February 6, 1874.

«04 STATUTES AT LARGE

A. D. 1874. JOINT RESOLUTION to Postpone the Payment of In-
stallments AND Interest Due upon Lands Purchased
OF THE Land Commission.

No. 6.

Whereas the present financial crisis has caused a great de-
Preamble, pression in the value of the products of the soil of this State,
rendering it an impossibility for citizens who are under obligations
to the State for the payment of installments due for land purchased
from the Land Commission:

Section 1. Be it resolved by the Senate and House of Repre-
Payiucnt of gentatives of the State of South Carolina, now met and sitting

1 ns tal Iments _ .

d u o on lands jn General Assembly, and by the authority of the same, That the

purchased _ •' •'_ -'

from State payment for installments and interest due upon lands purchased
by citizens of this State from the Land Commission be, and they
are hereby, postponed to December 7, 1874; and the Secretary of

St.iVe*'rerfu?red State is hereby required to stay all proceedings in the collection of

ceediiigsf ^'^"' the same until the date as above mentioned.

^, ^ , , Sec. 2. That this Joint Resolution shall take effect immediately
When to take

effect. upon its passage.

Approved February 6, 1874.

No. 7. JOINT RESOLUTION to Allow Joseph Taylor, John Yates
AND Patience Mansel to Redeem Certain Forfeited
Lands. •

Be it resolved by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same. That Joseph Taylor, John Yates

.Toseph Taylor and Patience Mansel, of the County of Richland, be, and they are

certain forfeit- hereby, allowed to redeem certain lands formerly owned b}' them

ft an(!>. jj^ common in said County, consisting of two hundred (200) acres,

more or less, which have become forfeited to the State by virtue of

the non-payment of taxes and the want of bidders at the sale of the

same, on condition that they shall pay over to the County Treasurer

of Richland County all taxes, penalties and costs which are due

County Audi- "pou the Same; after which the County Auditor shall expunge the

from" f<frfei"ed Said lands from the forfeited land record of the County of Richland ;

land record. ^ml^ also. One piece of land in the city of Columbia, forfeited in the

name of Partena Mansel, through an error in the Auditor's office,

Proviso. belonging to Patience Mansel : Provided, That said Patience Mansel

pay all taxes and costs that may be due.

Approved February 12, 1874.

OF SOUTH CAROLINA. 805

JOINT RKSOLUTION to Api'Oint a Commfttee to Inves- a. d. ihtj.

TKJATK THK FINANCIAL AlFAII'.H OF BaUNWELI, CoUNTY. ''

No. 8.
lie it rexolved by tlie Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That O. Hewitt, F. J. Cassidy, Commi-Kioi,
A. C. Dibble, W. A. Nerland and J. M. Hutson be, and they are finnnd!iT"ron^
hereby, appointed a Committee to investigate the financial condition wc-ircountyl^""
of Barnwell County ; and that said Committee have power to send
for persons and papers, to administer oatlis and to take testimony
concerning all transactions or payments of money by the County
Commissioners, County Treasurer, or other officers of said County,
from the first day of January, A. D. 1870, to the present date, and
so report the result of their investigation to the first term of the
Circuit Court in said County after the completion thereof: Provided, Proviso.
That said Committee receive only such compensation as may be
allowed by the Circuit Judge.

Approved February 12, 1874.

JOINT RESOLUTION to Relieve L. H. Russell, Late No. 9.
Treasurer of Abbeville County, and His Bondsmen,
FROM Responsibility.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That L. H. Russell, late Trea- L. n. Rnsspii
surer of Abbeville County, and his bondsmen in said office, be, and m c n'reikvcci
they are hereby, relieved from all responsibility on account of any buuy.'^*'"'""'
moneys ever in the hands of said L. H. Russell, as Treasurer as
aforesaid. The State Treasurer and the County Commissioners of
Abbeville County are hereby authorized and directed to give the
said Russell full acquittance and release for all such moneys as
aforesaid.

Approved February 13, 1874.

JOINT RESOLUTION Authorizing and Directing the Xo. 10.
County Commissioners of the County of Charleston to
Open a Public Highway on Wadmalaav Island.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General As.sembly,
and by the authority of the same. That the County Commissioners
53

806 STATUTES AT LARGE

A. D. 1874. of the County of Charleston be, and they are hereby, authorized
]r^ '' Tr i^n<^l directed to open a public highway ou Wadmalaw Island, com-

CountyConi- . r i fa J >

missioners to meucing at Enterprise Laudiii'', runniuK through Little Liberia to

open '^crta'n Tr-M /-. • &' b t>

road on Wiiii- Kill Comer, on said island.

maliiw Island.

Approved February 1:5, 1874.

No. 11. JOINT RESOLUTION Proposing an Amendment to the
Constitution of the State of Souih Carolina, Relative
TO the Terms of Office of Comptroller General, Sec-
retary OF State, Treasurer, Attorney General, Adju-
tant AND Inspector General and Superintendent of Ed-
ucation.

Be it resolved by the Senate and House of Representatives of the

State of South Carolina, now naet and sitting in General Assembly,

and by the authority of the same, That the following amend-

Aiuendnient ment to the Constitution of the State of South Carolina, relative to

relative to the term of office of Comptroller General, Secretary of State, Trea-

of State offi- surer, Attorney General, Adjutant and Inspector General and

Superintendent of Education, be submitted to the qualified electors

of the State at the next general election, and if a majority of the

electors qualified to vote for members of the General Assembly,

voting thereon, shall vote in favor of such amendment, and two-

Oenerai As- thirds of each branch of the next General Assembly shall, after such

sembly to rati- ,. ii/. i -n ^ 11 1

ly same. election and before another, ratify the same amendment by yeas and

nays, it shall be part of the Constitution, to wit : Strike out of Sec-
Word "four" *^°" -^ of Article III the word "four," occurring in the third line,
''ind*''-^two " "n- ^^^ ^"^ert the word "two," so that the Section of the Constitution
«ertcd. ^yiii read, when amended, as follows :

"Section 23. There shall be elected by the qualified voters of
Section 2' the State a Comptroller General, Secretary of State, Treasurer,
Constitution, Attorney General, Adjutant and Inspector General and Superin-
tendent of Education, who shall hold their respective offices for the
term of two years, and whose duties and compensation shall be pre-
scribed by law."

That the question of adopting this amendment shall be submitted
to the electors as follows : Those in favor of the amendment shall
Manner of deposit a ballot with the following words written or printed thereon :
voting. "Constitutional Amendment — Yes." Those opposed to said amend-

ment shall cast a ballot with the following words written or printed
thereon: "Constitutional Amendment — No."

Approved February 10, 1874.

OF SOUTH CAROLINA. >^07

JOINT RESOLUTION to Makk a Ckihain Road in Union a. i.. istj.
County, Connkctinc; tiik Glenn Springs Road with the -^'^
ConMitiA Road at Enokee Church, a Puulic Highway. * ^'^'

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the .same. That a certain road in Union . Ccruin r..ad
County, commencing on the Glenn Springs road, at John Si ms's County "m.n.le
plantation, and running thence through the lands of F. H. Bates,
J. and T. W. Johnson, John Ray, Jesse Graham, John R. Minters
and estate of W. C. Harris, to Enoree Church, on the Columbia
road, and crossing Tyger River at Minter's Bridge, is hereby estab-
lished and made a public highway, subject to the same repair,
supervision and control by the County Commissioners as the other
public highways of said County.

Approved March 3, 1874.

public.

JOINT RESOLUTION with Reference to the Past Lxdebt- No. 13.
edness of Spartanburg County.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That the County Commissioners Cuumy Com-
of Spartanburg County be, and they are hereby, authorized to use u!s'f on" m'iii pi-
one mill of the three mills levied for County purposes at this session pTy m cmu of
of the General Assembly, the same to be applied exclusively to the J.tss. '°'^^''''-'"^"
payment of past indebtedness of said County, except the past in-
debtedness incurred for building of bridges: Provided, That the
past indebtedness for dieting prisoners and for services of jurors and
Constables of the Circuit Court are first paid.

Approved March 3, 1874.

JOINT RESOLUTION Authorizin(^ the County CoMMI^- No. 14.
SIGNERS OF Laurens County to Levy and Collect a
Special Tax of Three Mills on the Dollar for the
Payment of the Past Indebtedness of the Said County.

808 STATUTES AT LARGE

A. D. 1<C4. taxable property of the said County, said tax to be devoted exclu-
^"^^■^ sively to the payment of the past indebtedness of the County.

Approved March 3, 1874.

No. 15. JOINT RESOLUTION Authorizing the County Commij*-
sioxERs OF Lan'caster County to Levy and Collect a
Special Tax of Two Mills on the Dollar for the
Payment of the Past Indebtedness of the Said County.

Be it resolved by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

County Com- and by the authority of the same, That the County Commissioners

missioners ro i • i i

levy specini tax Or Lancaster Countv be, and they are herebv, authorized and

of two mills. . , I'li -1 /% '•,! 1111

directed to levy and collect a special tax oi two mills on the dollar
on the taxable property of the said County; said tax to be devoted
exclusively to the payment of the past indebtedness of the County.

Approved March 3, 1874.

No. 16. JOINT RESOLUTION to Make an Appropriation to Pay
Certain Claims, and for Other Purposes.

Section 1. Be it resolved by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That the sum
Appropria- of nineteen thousand dollars be, and the same is hereby, appro-
cia?iDs of*?."!^ priated for the payment of pay certificates issued by the authority
razee. ^^ ^-^^ General Assembly, and bills payable or Treasury notes of the

late State Treasurer, Niles G. Parker, together with the interest on
the said certificates and bills payable, at the rate of seven per cent,
per annum, held as the claims of Phineas F. Frazee against the State
of South Carolina, which have already been passed upon, but no
appropriation made for the payment of by the General Assembly.
That the sum of six thousand seven hundred and seventy-two
dollars and eighty-six cents be, and the same is hereby, appro-
priated for the payment of a pay certificate, issued December 1,
Claim of W. 1873, in favor of W. E. Ro.se, for claims passed by the General
Assembly, held by him against the State of South Carolina, for
which no appropriation was made to pay.

OF SOUTH CAROLINA. 809

That the sum of cKiven hundred dollars be, and tlie same is •■^- "• i^"<-
hereby, appropriated to pay the [tay certificates authorized by the r^ '^T^
General Assembly, and held by Felix Cardarelli as claims against ''* Curdim-iii.
the State of South Carolina, together with the interest on the said
certificate at the rateof seven per cent, per annum. And the State
Treasurer is hereby directed and required, upon the presentation at
his counter, by the Siiid Phineas F. Frazee, \V. E. Rose or Felix
Cardarelli, or their authorized agents, of the said claims, to pay the
same. And the State Treasurer shall, and he is hereby, required,
on the presentation of the aforesaid claims, to issue to the said
Phineas F. Frazee, W. E. Rose, Felix Cardarelli, or their author-
ized agents, upon their demand, certificates of indebtedness to the state Treas-

f. , • II- • • • "'"'''" ^"^ issue

amo«utof their several claims, which certificates shall be redeemed certificiUes of

by the said Treasurer out of moneys collected from the taxes for the

fiscal year commencing November 1, 1874, or receivable in payment

of all tAxes or other dues to the State for the said fiscal year, except

for the payment of the interest on the public debt or the tax levied

for the support of public schools.

Approved March 9, 1874.

JOINT RESOLUTION to Relieve the Citizens of Union Kq. 17.
County from Paying Taxes on the Assessment of Real
Estate Made in the Year 1873.

Section 1. Be it resolved by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, aud by the authority of the same. That the bal- A^.«e^sIuv'at

/•I I II 1 I 1 /• TT • '^' propertj' in

ance or tlie taxes to be collected upon the real pro|)erty of L oion Lnion County
County shall be collected uj>on the assessment made for the year jied.
1872.

Sfxj. 2. That the County Board of Equalization for Union County
are hereby required to meet on the seconil Mon<lay in September
next to equalize the real property of said County, according to law;
which assessment, if legally done, shall stand as the assessment
upon which taxes are to be paid until the ue.vt regular a^ssejisracut.

Approved March 14, 1874.

810 STATUTES AT LARGE

A. D. isT^. JOINT RESOLUTION Authorizing and Empowering Lyt-
TLETON Daniel, a Trial Jistice of Chester County, to
Exercise the Functions of His Office in Any Portion
OF the Corfokatk Limits of the Town of Blackstock.

No. 18.

Daniel to
e r c i s e

Section 1. Be it resolved by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That Lyttle-
Lyttieton tou Daniel, a Trial Justice in and for the County of Chester, be,
func- ^'id ^'6 'S hereby, authorized and empowered to exercise the func-
fic"e°ln *town"of t-ions of his office in all that portion of Fairfield County embraced
BiackMotk. jjj |.jjg corporate limits of the town of Blackstock.

Sec. 2. All Acts or parts of Acts conflicting with the provisions
of this Act are hereby repealed.

Approved INIarch 14, 1874.

No. 19. JOINT RESOLUTION Authorizing and Requiring the
State Treasurer to Pay to the County Treasurer of
Greenville County' the Sum of Ten Thousand and
Fifty Dollars, to be Applied to Free School Pur-
poses.

Whereas the County of Greenville has not received its appor-
Preambie. tionment of the free school fund, amounting to ten thousand and
fifty (10,050) dollars, for the fiscal year ending the 31st day of
October, 1873, in consequence of the default of the late County
Treasurer; and whereas the said County Treasurer held claims
against the State largely in excess in their amounts to the said
apportionment, which were bought up with public funds, paid in
by the taxpayers of Greenville County, and which have been
attached in proceedings instituted by the Attorney General, on his
official bond; and whereas it would be manifestly unjust that the
County of Greeuville should bear more than its proportional share
of the loss, if any, resulting from the default of the said County
Treasurer; now, therefore,

Be it resolved by the Senate and House of Representatives of
the State of South Carolina, now met and sitting in General As-
State Trcas- scmbly, and by the authority of the same. That the State Trea-
County" Trea/ surer be, and he is hereby, authorized and required to pay to the
vme^cena?n County Treasurer of Greenville County the sura of ten thousand
school moueyj. ^^^ ^^^^, dollars, to be applied to free school purposes in Greenville

OF SOUTH CAROLINA. 811

County oil chiinis for tlio fiscal y<iir ciiiiiiij^ October Slst, 187.'): •■^- ''• 1^"'-
J'rovided, The sum be paid pro rata out of any raoney arising from .'^

phos[)iwite royalty or from taxes duo and unpaid for any year prior
to tiie fiscal year l<S7.'J-74.
Approved March 14, 1874.

JOINT RESOLUTION TO KR.^iitK Tin: County TiiKAsuKicns No. 20.
OF Newberry and Marion Counties to Di.strii5Ute the
Moneys Collected lndek and hy Virtue of the Act Ai'-
TuovKD February 20tii, 1873, for the Payment of the
Past Due Indebtedness of said Counties pro rata Amonc;
the Claims which were Re(;istered and Established in
Pursuance of the Provisions of said Act.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the County Treasurers of County Trea?-
the Counties of Newberry and Marion be, and they are hereby, "'ifr^'r y "hTj
required to distribute the moneys collected by^ them in accordance tie.s'^(o''di^'trib'-
with the Act entitled "An Act to authorize the County Comrais- "uJi^s "oUccu-u
sioners of certain Counties to levy and collect an additional tax for '""" ''"'"•
certain purposes," approved February 20th, 1873, for the payment
of the jiast due indebtedness of said County pro rata among all
claims which have been registered in pursuance of the provi-
sions of said Act; and the Commissioners of the said Counties of
Newberry and Marion shall draw their warrants upon the said
County Treasurers for the pro rata proportion of the claims so reg-
istered and established: Provided, That all claims which were Proviso,
created against said Counties between the day of the passage of
said Act, approved February 20, 1873, and the first day of Novem-
ber, 1873, on or before which time the said Act required all claims
to be registered in the office of the Clerks of the Courts of said
Counties, to be considered as past due indebtedness, and be paid in
the same manner as those claims registered before said first day of
October, 1873: Provided, That the class of claims herein referred
to be registered in the office of said Clerks of the Courts within riaiinstobc
thirty days from the passage of this Joint Resolution: Provided, cicrk of Couri.
further, That to the County Connnissioners of the Counties herein
named be reserved the full and sole power to disallow, either in
whole or in part, any of the said claims which are not registered in
accordance with the provisions of this Joint Resolution and the
Act it tends to modify, and it be made the duty of the said County
Commissioners to draw their warrants ui)on tlie County Treasurers
for the payment herein provided within sixty days.

Approved March 14, 1874.

812 STATUTES AT LARGE

A. D 18TL JOINT RESOLUTION Proposin(; an Amendment to the
Constitution of the State of South Carolina, Relative
TO THE Increase of the Debt of Counties, Cities and
Towns.

No. 21.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, two-thirds of both Houses con-
curring, That the following Article be submitted to the qualified
electors of the State at the next general election for Representa- <
tives, as an amendment to the Constitution of the State, which, if a
majority of the electors qualified to vote for members of the Gen-
eral Assembly, voting thereon, shall vote in favor of such amend-
ment, and two-thirds of each branch of the next General Assembly
shall, after such an election, and before another, ratify the same,
shall become part of the Constitution, namely:

"Article XVII. The General Assembly shall not authorize any

Counties Countv, city, town or village to become a stockholder in, or to loan

to ioa°ir"*rc"ut its Credit to any company, association or corporation for any amount

per^o e^n"t u\n in excess of five per centum of the assessed value of the taxable

I^a'^oTmafon'ty property of such County, city, town or village, not without the

jf electors. approval of a majority of the legal voters of such County, city,

town or village, expressed at an election duly held according to

law."

That the question of adopting this amendment shall be submitted
to the electors, as follows: Those in favor of the amendment shall
deposit a ballot with the following words written or printed thereon :
Manner of " Constitutional Amendment, Article XVII — Yes." Those opposed
to the amendment shall cast a ballot with the following words
written or printed thereon: "Constitutional amendment, Article
XVII— No."

Approved March 14, 1874.

votinff.

No. 22. JOINT RESOLUTION to Provide an Appropriation for
Repairing the State House and Fences Enclosing the
Grounds of the Same, and for Other Purposes Herein
Mentioned.

Section 1. Be it resolved by the Senate and House of Repre-

Ten thou- sentatives of the State of South Carolina, now met and sitting in

t""p r opriate(i General Assembly, and by the authority of the same, That the sum

u rrsVand of ten thousand dollars, if so much be necessary, is hereby appro-

:rrounc». priated, to be paid by the State Treasurer to the Secretary of State,

OF SOUTH CAROLINA. 81.]

out of the iStato phosphate revenues, for the i)ur[)0.se of haviii;^ the -^- I'- '**^'-
roof of the State House properly repaired and made wcallicr proof, ' '

tlie first ih)or of tlie same properly paved or floored, the grounds of
the same properly graded, and the fences enclosing the grounds
put in repair, or replaced by new fences, as rnay be deemed neces-
sary. That the sum of one thousand dollars, if so much be neces- One thou-

" . , , . , , , . Hand •lollarH

sary, is herel)y a})propriated to remove the pahnetto tree to its proper uppr opriatt-l

t • n !• 1 ri XT 1 • 1 . to Fcpair nn<l

place in front or the otate House, and to repair the sarae to its reinovo pal-
proper condition, under the supervision of the Secretary of State.

Sko. 2. That the Secretary of State is hereby authorized and re- Repairs to be
quired to take supervision and control of said repairs, and, after due '"pcrvUion Vf
advertisement in a newspaper published in the city of Columbia for sutJ! '^'*'^*' '
at least two weeks, let out the same under contract to the lowest
bidder, who shall furnish a bond for the faithful execution of the
said work, as provided iu Section 1 of this Resolution; and the said
Secretary of State shall make report of his action in these premises
to the next session of the General Assembly.

Approved March 14, 1874.

JOINT RESOLUTION PROvrDixcx that the Hon. C. Baring No. 23.
Farmer be Allowed Compensation for Holding Special
Courts.

dii rill- • 1 i !• /-^ , 1 • . . /> C. BarinK Far-

ollars tor fiof(iing special terms or Court, under appointment of luer, for h..ui-

His Excellency Governor Moses, on the second Monday in March, "IJurt:^! x t r «

eighteen hundred and seventy-three, in Barnwell County, and on

the first Wednesday in April, eighteen hundred and seventy-three,

for the County of Aiken.

Sec. 2. That said sum of two hundred dollars be paid (o the

Hon. C. Baring Farmer by the State Treasurer, on the warrant of

the Comptroller (Jeneral, drawn upon the civil contingent fund.

Approved March li, 1874.

814 ' STATUTES AT LARGE

A. D. 1874. JOINT RESOLUTION to Provide for the Payment of Cer-

"< tain Claims Therein Named.

No. 24.

Section 1. Be it resolved by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That the sum
Appropria- of eleven thousand nine hundred and six dollars and fifty-six cents,
]le?ry-"ckim."' (811,906.56,) or SO much thereof as may be nece.ssary, be, and the
same is hereby, appropriated for the payment of the claims owned
and held by M. H. Berry and others, as follows: Legislative pay
certificates for the years 1871, 1872 and 1873, amounting to the
sura of $11,906.56; the sum of three thousand and eleven dollars
and fifty cents is also appropriated for the payment of the
Claim of claim of the Aiken Tribune, passed by the two houses of
Aiken Tribune ^j^^ General Assembly at the present session; also the sum of
Claim of twelve thousand dollars for the payment of the claims of
George Sym- q^^^^^ Symmers; also the sum of six thousand two hundred and
Claim of A. eighty dollars for the payment of the claims of A. Palmer; also
Palmer. ^j^^ ^^^^ ^^ twenty-nine hundred and twenty-three dollars for the

Southerns™ n-^ payment of the claim of the Beaufort Southern Standard; also the
'^^^^' sum of two thousand three hundred dollars for the claim of the

Union^&id.^ Columbia Union-Herald; also the sura of five thousand four hun-
Ciaim ofdred dollars for the payment of the claim of the Charleston
Chrouicfe!'°° Chronicle; also the sum of six thousand two hundred and ten

, dollars and thirty-three cents for the payment of the claims of

Claim of •',. „, 1 ijj

Howie & Allen. Howie & Allen; also the sum of seven thousand seven hundred

Claim of J. and forty-seven dollars for the payment of the claim of J. Evans

Evans Britton.

Britton.

Sec 2. That the State Treasurer be, and he is hereby, authorized
and required, upon presentation of the aforesaid legislative pay
State Treas- certificates as provided for in Section 1 of this Joint Resolution, to
clrHficatef^'of issue to the Said M.«H. Berry and others certificates of indebted-
to Berr/cvo/f'^ ness to the amount of the above appropriations in such sums as he,
or they, the said M. H. Berry and others, may desire; said certifi-
cates to be redeemed out of any incoming taxes paid into the State
Treasury for the fiscal year commencing November 1, 1874; and
the State Treasurer is further authorized and directed to issue to
Henry Sparnick certificates of indebtedness in the sum of three
thousand and eleven dollars and fifty cents in payment of the
claim of the Aiken Tribune, passed by the General Assembly at
the present session, said certificates to be redeemed out of any
incoming taxes paid into the State Treasury for the fiscal year com-
mencing November 1, 1874.

Approved March 16, 1874.

OF SOUTH CAROLINA. 815

JOINT RESOLUTION to I'kovii.i: kok thk Paymrnt of the '\- "• i«"*-
Claims for Le<;ai> Sekvices of C. D. Melton and 1). 11.

ChAMUEKLAIN, EstiUIREH, AND J. D. Poi'K, Es<ilIl{K, ANI>

Otiikhs.

No. 25.

Section 1. Be it resolvrd by ilic Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
rrcneral Assembly, and by the authority of the siirae, That the fol-
lowing sums be, and the same arc hereby, appropriatetl, that is to
say: The sum of eight thousand and eight hundred dollars, to pay Appropriu-
the claim of D. PI. Chamberlain, Esfj., for professional services .i/iim of i». II.
rendered the State ; thesum of three tliousand and five hundred dol-
lars to pay the claim of C. D. Melton, Esq., for professional services riaim of c.
rendered the State; and the sum of five hundred dollars to pay the
claim of J. D. Pope, Esq., for professional services rendered the Claim cfj.
State; also, the sum of thirteen hundred and two dollars for the ' "'"^'
payment of the services of S. H. McCoy, L. T. Green, Morris M.-'coy f^ «/'.
AV^ardlaw, James Wells and T. J. Gregory.

Sec. 2. That the State Treasurer be, and he is hereby, authorized Snid claims—

, . , , , . -Ill „ o u t of what

to pay the said several suras to the parties entitled thereto out or fumls payable,
any money in the State Treasury not otherwise appropiated.

Approved March 16, 1874.

JOINT RESOLUTION Directing the State Treasurer to No. 2H.
Refund to Roheiit Ciiisolm, Jr., Trustee, Twelve Hun-
dred Dollars, Taxes Overpaid by Him.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That the State Treasurer be, and Refund of
he is hereby, authorized and directed to refund to Robert Chisolm, chisoUn.
Jr., Trustee, the sum of twelve hundred (1,200) dollars, being the
amount of taxes overpaid by him.

Approved March 17, 1874.

816 STATUTES AT LARGE

A. D. 1874. JOINT RESOLUTION to Authorize and Empower the

' < ■ Trustees of the Greeley Institute, in Anderson County,

^°- ^^- to Elect Three Special Trustei-:s, and to Convey the
Property Belonging to the Same to Them in Trust, and
for Other Purposes Therein Mentioned.

Section 1. Be it resolved by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That the
present Board of Trustees of the Greeley Institute, in Anderson
Special Tiu- County, are hereby authorized and empowered to elect three Special
and Ztiif ''^' Trustees, to whom they shall convey the property of said institute,
to be held by them and their successors in office, in trust, for the
benefit of the said institute; and it shall be the duty of said Special
Trustees to take entire control of said institute, aud are hereby
To elect empowered to elect such teachers and assistant teachers as they
teachers. ^^^ ^^^^ Dccessary ; and such teachers shall be recognized by the

School Commissioner of Anderson County as lawful teachers; and
it is hereby made the duty of said School Commissioner to draw his
warrants on the County Treasurer for the payment of their services,
said warrants to be paid on presentation by the County Treasurer of
Anderson County out of any funds in his possession appropriated
for school purposes: Provided, Said Trustees shall not employ more
than one principal teacher and two assistant teachers: And pro-
vided, farther, That the principal teacher shall not receive less than
Pay of same. «% dollars nor more than seventy-five dollars per month, and that
the assistants shall not receive less than thirty-five dollars nor
more than fifty dollars per mouth.

Sec. 2. That all Acts or parts of Acts, Joint Resolution or parts
of Joint Resolutions, so far as they conflict with the provisions of
this Resolution, be, and the same are hereby, repealed.
Approved March 17. 1874.

No. 28. JOINT RESOLUTION to Appoint Trustees Under the
Will of the Late Dr. John De La Howe.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
- and bv the authority of the same, That C. B. Guffin, James Whar-
ton, Thomas Finley and Thomas Christian be, and they are hereby,
Trustee, of appointed Trustees under the will of the late Dr. John De La
DeLa Uowe°"' Howe, in accordance w.ith the provisions of Section 2, Chapter
XXXI, Title VIII, Part I, of the General Statutes.

Approved March 17, 1874.

OF SOUTH CAROLLXA. 817

JOINT RESOLUTION to Authorize tiii; Colnty Commih- a. i.. i^tj.
SIGNERS OF Fairfield County to Levy and Collect a
Special Tax of One and One-Half Mn,L8 on the Dollar
FOR THE Payment of the Past Indebtedness of Said
County.

No. 29.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the County Commissioners County Com-
of Fairfield County be, and they are hereby, authori/x'd and re- i"y'".jn'i!"nn<i
quired to levy and collect, at the time of the collection of the regu- r"r*^pa'.Kt indL'bt*-
lar tax, a special tax of one and one-half mills on the dollar on the ^ '"'*^'
taxable property of the said County, said tax to be devoted exclu-
sively for the payment of the past indebtedness of said County.

Approved March 17, 1874.

JOINT RESOLUTION to Change the Names of Horace No. 30.
H. Moses, Emma Henrietta Moses, his Wife, and Mabel
ANT) Isaac H. Moses, their Children, to Horace H.
Harby, Emma Henrietta Harby, Mabel Harby and
Isaac H. Harby, Respectively.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the name of Horace H. II. yiot-cn et
Moses, Emma Henrietta Moses, his wife, and Mabel and Isaac H. changed to
Moses, their children, of Sumter County, are hereby changed to "'^^^'
Horace H. Harby, Emma Henrietta Harby, iSIabel Harliy and
Isaac H. Harby, respectively, and that hereafter the said Horace
H. Moses, Emma Henrietta Moses, Mabel Moses and Isaac H. Moses
shall be known and called Horace IT. Harby, Emma Henrietta
Harby, Mabel Harby and Isaac H. Harby.

Approved March 17, 1874.

JOINT RESOLUTION to Require all Persons Holding No. 31.
Claims Against the County of Clarendon to File a List
OF SUCH Claims in the Office of the Clerk of the Court.

Section 1. Be it resolved by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That all per-

j^l8 STATUTES AT LARGE

A. D. 1ST4. sons holding claims against the County of Clarendon be, and ihey are

^^ •'^^ hereby, required to file a list of such claims, with the amounts and

be^^gil'Iemi!" dates thereof, in the office of the Clerk of the Court, within ninety
days from and after the passsage of this Joint Resolution.

Sec. 2. That it shall be the duty of the Treasurer of said County
to pay said claims, in the order of their priority, out of any fuuds
provided for the payment of said claims.

Approved March 17, 1874.

No. 32. JOINT RESOLUTION to Authorize and RE^iUiRE the Gov-
ernor TO Appoint Two Additional Trial Justices for
Colleton County.

Be it resolved by the Senate and Honse of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

Two..i.lcUtion- and by the authority of the same, That the Governor be, and he

"LToi^CoHeton hereby is, authorized and required to appoint two additional Trial

^"""'•''' Justices for Colleton County.

Approved March 17, 1874.

No. 33. JOINT RESOLUTION to Reijuire the County Commissioners
OF Union County to Apply the Proceeds of One Mill of
^ the Tax of Three Mills Levied by this General Assem-

bly, AT ITS Present Session, for County Purposes, to the
Payment of Past Indebtedness of said County.

Be it resolved by the Senate and House of > Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the County Commissioners
County Com- of Uulou Couuty be, and they are hereby, authorized and required
use oneTniii o^f to apply the procccds of one mill of the tax of three mills levied
liibtedness* '"" "P^^" '^^^ taxable property of the County of Union by this General
Assembly, at its present session, for County purposes, lo the pay-
Moneys to be ment of the past indebtedness of said County: Provided, That the
paid out pro ^^^ g^ ^^ ^g applied shall be paid rateable to the holders of said
indebtedness.

Approved March 17, 1874.

OF SOUTH CAROLINA. 819

JOINT RESOLUTION to Relieve Stephen D. Russell, -^ ^'^~*-
Deihty County TKK.vauuEi:, and William Gukney, County ^. .,
Treahukkk, oe Charleston County, ok Responsiijility
and llaijility i'ou certain aioneys l08t ijy flke.

Whereas certain moneys belonging to the State, collected as taxes pnambic.
by Stephen D. Ruasell, De[)uty County Treasurer of tlie County of
Charle.<ton, were lost by fire, wherein the said Stephen D. Russell
was not in default, and the said destruction was unavoidable; there-
fore,

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That Stephen D. Russell, of , Rii-^-eii an.!
St. Stephen's, Deputy County Treasurer of the County of Charles- j-'i "i" res-pon.-i-
ton, be, and he is hereby, relieved from all responsibility to William <■ o u n t o f

/^ , m ' n /-^y 1 /• i r- 1 iiioncys lost by

(jrurney, County Ireasurer of Charleston County, tor and on ac- fire.
count of certain moneys, amounting to the sum of five hundred and
ninety-two 27-lUO (592.27) dollars, collected by the said Stephen
D. Russell for taxes due to the State and the County of Charleston,
which was lost by tire on the 31st of January, 1873, at St. Stephen's,
in said County; and that the said William Gurney, as County
Treasurer of Charleston County, be, and he is hereby, relieved of
all liability to the State and County for and on account of the said
sum of five hundred and ninety-two 27-100 (592.27) dollars so lost
and destroyed.

Approved March 17, 1874.

JOINT RESOLUTION Providing for Reassessment of Real No. 35.
Estate in 1874.

Be it resoloed by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by tht.' authority of the same, That an assessment of the real Afsossuu-nt cf

1 • r-. 1111 1-1 1 1 • 1 ^ •"*■"' property

property in this State sliall l)e made m the year one thousaml eight in l<^74.
hundred and seventy-four, at the same time that the assessment of
personal property is made, and in the manner and according to the
rules prescribed for the assessment of real property in the Act to
provide for the assessment and taxation of property, passed the
fifteenth day of September, 1868.

Approved March 17, 1874.

820

STATUTES AT LARGE

A. D. 1874. JOINT RESOLUTION Authorizing the Attorney General

^" — ^ ' to Institute Legal Proceedings for the Recovery of

No. 36. Possession of the Proceeds of State Property Sold by
the Sinking Fund Commission.

Section 1. Be it resolved by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That the
Attorney Attorney General be, and he is hereby, authorized and directed to
STuVl^pro'- institute legal proceedings for the collection and recovery of all
re'c^iTeryVf moneys and securities in the hands or possession of any of the
c!.mm iione^s former Commissioners of the Sinking Fund, belonging to the Sink-
of Sinking . -p ^ ^ f .^11 niouevs or rent due the said Sinking Fund on

Fund, (tc. '■"o '- ""'^' " - , 1 1 1 ii • J

bond, note, claim, lease or otherwise; also that he be authorized
and directed to ascertain whether the conditions upon which the sale
of the stock owned by the State in the Blue Ridge Railroad Com-
pany was made by the Commissioners of the Sinking Fund have
been complied with, and, if not, to institute legal proceedings to
enforce compliance with them.

Sec. 2. That the Attorney General be, and he is hereby, author-
Also for re- ized and directed to institute legal proceedings for recovering pos-
'^uLll'""' session of the bonds of the State of South Carolina purchased by
William B. Gulick, Esq., Treasurer of the Sinking Fund Commis-
sion, by order of the Commissioners, and with moneys belonging to
the said Sinking Fund.

Approved March 19, 1874.

No. 37. JOINT RESOLUTION to Appoint a Committee to Investi-
gate THE Financial Affairs of Clarendon County.

Be it resolved bv the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same. That W. L. Reynolds, S. Warren

Committee Nelson, William Cantey, P. A. Logan, be, and they are hereby

^Udaffiirs appointed a Committee to investigate the financial condition of

Clarendon County, and that said Committee have power to send

Powers and for persons and papers, to administer oaths and to take testimony

duties. ' concerning all transactions or payments of money by the County

Commissioners or other officers of said County from the first day of

January, A. D. 1870, to the present date, and to report the result

of their investigations to the first term of the Circuit Court in said

County after the completion thereof

Approved March 19, 1874.

ACTS OF THE GENERAL ASSEMBLY

OF THE

STATE OF SOUTH CAROLIiNA,

Passed at the Rer/idar Session, ivhlch xoas begun and held at the

City of Columbia, on the Tiuenty -fourth day of November, A.

D. 1874, and was adjourned without day on the 2Gth day

of March, A. D. 1875.

Daniel H. Chamberlain, Governor. R. Howell Gleaves,
President of the Senate. Robert B. Elliott, Speaker of" the
House of Representatives.

A. D. 1S74.

AN ACT TO Amend an Act entitled " An Act Requiring a No. 647.
Bond from County Commissioners, Before Entering Upon
the Duties op Their Office."

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That Section 1 of an Act euti- AVhen Attor-
tled " An Act requiring a bond from County Commissioners, before Jn'a^y .^fpnfve
entering upon the duties of their office," be, and the same is hereby,
amended, by inserting between the word " Counties," and the word
" conditioned," on the eighth line thereof, the following words, to
wit : " Or in case of a vacancy in his office, then by the Attorney
General of the State."

Approved December 21, 1874.

a PI) rove
certain boiuU.

AN ACT TO MAKE Appropriation for the Payment op the No. 648.
Salary and Mileage of the Members of the General
Assembly, and the Salaries of the Subordinate Officers
and Employees, and other Expenses Incidental Thereto.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in
54

822 STATUTES AT LARGE

A. D. 1874. General Assembly, and by the authority of the same, That lor the
~ ^ payment of the salary and mileage of the members of the General

Amount ni>- ^ •' •' °

propiiutcd. Assembly, and the salaries of the subordinate officers and employ-
ees, and other incidental expenses, the sum of one hundred and
fifty thousand dollars, or so mucli thereof as may be necessary, be,
and the same is hereby, appro])riated as follows: '

Pay of mem- For the payment of the salary and mileage of the members of
the General Assembly, one hundred and tliree thousand dollars, or
so much thereof as may be necessary.

For the salary of J. Woodruff, Clerk of the Senate, twenty-five
hundred dollars. ,

For the salary of A. O. Jones, Clerk of the House of Repre-
sentatives, twenty-five hundred dollars.

For the salary of John A. Barre, Assistant Clerk of the Senate,
twelve hundred dollars.

For the salary of Wm. J. Etter, Assistant Clerk of the House of
Representatives, twelve hundred dollars.

For the salary of H. L. Shrewsbury, Journal Clerk of the
House of Representatives, one thousand dollars.

For the pay of R. A. Sisson, Reading Clerk of the Senate, six
dollars per day during the session.

For the pay of W. R. Marshall, Reading Clerk of the House
of Representatives, six dollars per day during the session.

For the pay of J. E. Green, Sergeant-at-Arms of the Senate, six
dollars per day during the session.

For the pay of George C. Clyde, Sergeant-at-Arms of the House
of Representatives, six dollars per day during the session.

For the pay of Henry Daniels, Assistant Sergeant-at-Arms of
the House of Representatives, five dollars per day during the
session.

For the pay of James Wells, Chief Messenger or Bill Clerk of
the Senate, three dollars per day during the session.

For the pay of the Chief Messenger or Bill Clerk, R. W. Butler,
of the House of Representatives, five dollars per day during the
session.

For the pay of Alfred Willams, John West, R. W, Boone, Com-
mittee Clerks of ihe Senate; W. J. Corbit, R. H. Kirk, Nathan
R. Williams, I. H. White, C. J. Houston, Salles Randall, Commit-
tee Clerks of the House of Representatives, five dollars per day,
each, duri-ng the session.

For the pay of Adam Thomas, Henry Bee, doorkeepers of the
Senate ; R. R. Duncan, Augustus Harris, S. P. Picksly, doorkeep-
ers of the House of Representatives, three dollars per day, each,
durinjjc the session.

OF SOUTH CAROLINA. 823

For the pjiy of Cyrus Singleton, Isaac Castles, James Major, ^^- '*• i**"^-
Messen{;ers of tli(! House of Representatives, three (lullar.-' per day,
each, (luring the si'.ssion.

For the pay of J. B. Biers, John Evans, Simeon Sanders,
lahorers of the Senate ; Preston Richardson, David Singleton,
Edmund Stuhhs, Jesse Cokely, laborers of the ILjuse of Repre-
sentatives, three dollars per day during the session.

For the pay of M. Pinckney, mail carrier of tlie House of
Representatives, three dollars per day during the session.

For the pay of Lewis Grant, porter in office of Clerk of the
Senate, three dollars per day during the session.

For the pay of Wni. Lomax, Wyatt Dibble, Thomas II. Hayne,
John Reese, Pages of the Senate ; F. A. Spellman, Charles Levy,
James M. Mobley, James Lie, Pages of the House of Representa-
tives, one dollar and fifty cents per day, each, during the session.

For the pay of James W. Wlkinsoa, L. T. Lavin, H. H. Logan,
M. R. Sturgis, J. Bahlman, William Bollinger, Engrossing Clerks
in the ofiice of Secretary of State, six dollars per day during the
session.

For the pay of Samuel J. Lee, T. M. Wilke?, T. S. Cavender,
H. Noah, attorneys and clerks in office of Attorney Goueral, six
dollars per day during the session.

For the pay of William Vaughn, porter iu office of Secretary of
State, three dollars a day during the session.

For incidental or contingent expenses of the Senate, ten thousand Appropria-

111 1 1 r' 1 .^1-1 tion lor pny-

dollars, or so mueli thereor as may be necessary, to be paid on ac- nu-nt orcmiiu-
counts audited by the Committee on Contingent iiixpenses oi the of Senate.
Senate, and passed by that body. All accounts, after being so
audited, shall, before payment, be itemized, printed and laid on
the desks of members of the Senate, for inspection and approval.

For incidental or contingent expenses of the House of Representa- Contingent
tives, three thousand dollars, or so much thereof as may be ueces- n^Ju'^^.'.^'f "uJ.','!
sary, to be paid o;i accounts audited by the Committee on Contin- '•-•^^'-•ntatives.
gent Accounts of that body. All accounts, after being so audited,
shall, before payment, be itemized, printed and laid on the desks of
members of the House of Representatives for inspection and ap-
proval.

Sec. 2. That the President of the Senate and Speaker of the Ccrtificntes
House of Representatives, respectively, shall furnish pay certificates {",'''\l,Tiut*er'!l
for the amount of salary and mileage due to each member of the »"'! o'"i''"yoe«-
Senate and House of Representatives, as fixed by an Act entitled
" An Act to regulate thf pay of the members of the General As-
senibiy," approved March 1."!, 1872, and to each officer or employee

824 STATUTES AT LARGE

A. D. 1S75. of tfijit branch of the General Assembly to which such officer or

^ employee .shall respectively belong, signed by the presiding officers,

respectively, and properly attested to by the Clerk of such branch

of the General Assembly.

Contingent ^EC. 3. That the payment of contingent accounts shall be made

ofpuymujit"'^^ upon Certificates of that House in which accounts are passed, signed

by the presiding officer and attested by the Clerk of each House,

respectively, and countersigned by the Chairman of Committee on

Contingent Accounts; and the State Treasurer is hereby authorized

and directed to pay, at his counter, said certificates as above set

forth.

^ „ _ Sec. 4. That in the payment of the said appropriation, the State

urertopayeer- Treasurer is hereby authorized and directed to pay, at his counter,

tifieates at his •' .

counter. said Orders or certificates in the following order:

First. Certificates of members of the Senate and House of Rep-
resentatives for salary and mileage.

Second. Certificates of oflBcers of the two Houses for salary.
Third. Certificates of pay for Sergeant-at-Arms and Assistant
Sergeant-at-Arms, Reading Clerk, Committee and Engrossing Clerks,
Attorneys at Law, Bill Clerks, Messengers, Porters, Laborers, Pages.
Fourth. Certificates or orders for incidental or contingent ex-
penses.

Approved December 22, 1874.

Xo. 649. AN ACT to Repeal an Act entitled " An Act to Establish
AN Inferior Court for the Trial of Criminal Cases in
THE County of Charleston."

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That an
Inferior Court Act entitled "An Act to establish an Inferior Court for the
abolished. ^^.j.^| of criminal cases in the County of Charleston" be, and the
same is hereby, repealed.
Cases on Sec. 2. That all cases now on the docket of said Inferior Court
fnuliferr!^! I'o shall be transferred to the docket of the Court of General Sessions
onllnwiifses- for said County, and shall thenceforth proceed, in all respects, as
*''^"^" though the same had been commenced in the Court of General

Sessions.

Approved January l.'>, 187o.

County Com-

OF SOUTH (JAKOLINA.

AN ACT TO Amknd an Act r.NTrTLKD "An Act to Establihii
A Ni:w JcDiciAi. AND Klicction County fkom I'ortions of
THE Counties of Baunwell, EDOEFiKr-n, Lexington and
Okanceiutro, to J'.i; Known as Aiken County," ani> for
Other Purtoses.

Section 1. Be it enacted by the Senate and House of Eepresenta-
tiveg of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by tlio authority of the same, That so nuicli of "'V"'""'^" " f

n • n P Aikcn M 11 b -

Section 3 of an Act entitled "An Act to establish a new Judicial s'titut<-'i fortht-
ji r-d • /-i n PI CoiiiiiiiMsioiicrs

and Election County from portions of the Counties of Barnwell, r.!iicv«<i in

T-<if?ijT' iA\ iil»ovc rucitfd

±.dgeneld, L«exington and Orangeburg, to be known as Aiken Act.
County," as designates and appoints Commissioners for the purposes
therein specified, be, and the same is hereby, repealed ; and the
County Commissioners of Aiken County, and their successors, be,
and they are hereby, appointed such Commissioners in the place
and stead of the Commissioners designated and appointed in said
Section .3, with the same and like powers, duties and responsibilities.

Sec. 2. That the said Commissioners designated and appointed in Commission-
said Section 3 be, and they are hereby, required, within ten days cortai ""^"books
after the passage of this Act, to turn over and deliver to the County '^" '""'«"•
Commissioners of Aiken County all books, papers, records, docu-
ments and memoranda in their possession.

Sec. 3. That to carry out the provisions of said Section 3 of the Xiix of ono
Act aforesaid, a special tax of one mill and a half upon theas.sessed mius levied!"'^
value of the real and personal property of Aiken County be levied,
to be collected with the next general State and County taxes.

Sec. 4. That the said County Commissioners, in anticipation of ConntvCom-
the collection of said special tax, be empowered to contract debts "t.'wi'.r"^" To
and incur liabilities to the extent of four thousand five hundred tahi'iiebu '^^^~
dollars in building a jail, making necessary alterations and repairs
of the Court House, aud meeting out^■tandiug obligations heretofore
incurred in carrying out the purposes mentioned in said Section 3.

Approved January 13, 1875.

AN ACT to Provide for the Adjustment and Settlement No. G51,
OF the Debt of Barnwell County.

"Whereas, by virtue of an Act to raise supplies for the fiscal year Preamble,
commencing November first, 1874, an additional tax of one and
one-half mills was levied upon every dollar of the value of all tax-

826 STATUTES AT LARGE

A. I). 1875. able property in the County of Barnwell, which should be applied
^ ^' to the payment of the past indebtedness of said County x^'''^ rata;
and whereas it is represented that said tax, so levied, will pay pro
rata only a small proportion of its bona fide debt ; therefore.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
County Trea- General Assembly, and by the authority of the same, That it
rinount'^''of shall be the duty of the County Treasurer of Barnwell County to
aiized^^ ^^' I'eport without delay the amount of moneys realized from the levy
of the additional tax of one and one-half mills to the County Com-
missioners of Barnwell County, and whenever one thousand dollars
of this tax is reported in the Treasury the County Commissioners
County Com- shall advertise for fifteen days for sealed bids from parties holding
ndvert'ise^ for checks or audited claims contracted prior to the twentieth day of
^* ''■ October, 1874. Said bids shall be opened at a regular meeting of

the Board, and they shall draw orders on the Treasurer for parties
who will offer the largest per centum discount on the checks or au-
dited claims.
Record of Sec. 2. That it shall be the duty of the County Commissioners to
' keep a record of the sealed bids and the checks and audited claims
contained therein, mentioned in Section 1 of this Act, and as soon
as said sealed bids shall be opened they shall be immediately en-
tered in said record, which shall be opened for public inspection.
Holders of Sec. 3. That all persons holding claims against the County of
iis'tof\he°same! Barnwell are hereby required to file a list of such claims, with the
amount, date and particulars thereof, in the office of the County
Commissioners.

Sec. 4. All Acts or parts of Acts inconsistent with the provisions
of this Act are hereby repealed.

Approved January 16, 1875.

No. 652. AN ACT to Regulate the Appointment and Salary of
Trial Justices in and for the County of Barnwell.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same. That the Governor
do appoint, by and with the advice and consent of the Senate, five
TriaiJusticcs, Trial Justices for the County of Barnwell, and no more, to hold
term^fVfficc. their offices for the term of two years, unless sooner removed by the
Governor.

OF SOUTH CAROLINA. 827

Sec. 2. That the Trial Justices so appointed shall be comniis- ■'^- ^'- ^'*"''-
sioncd by the Governor in the following!; manner, to wit: One for .,., , ,

•^ . " horn to Ijo

the villages of Blackvilie and Williston ; one for the villages of located.
Bamberg, Midway and Graham's Turn Out; one for the village of
Barnwell ; one for the townsliip of Allendale ; one for the township
of Four Miles; and shall keep their offices at the respective places
for which they are commissioned, which shall be open from day to
day for the transaction of business.

Sec. 3. That instead of the fees heretofore allowed by law to Salary,
Trial Justices for criminal proceedings, and heretofore payable to wlJen payable!
them by the County, each of said Trial Justices shall be allowed a
salary of three hundred dollars per annum, payable quarterly, on
the first of January, April, July and October by the County Treas-
urer of such County, out of County funds, and no account or claim
other than for such salary shall be preferred by, allowed or paid to
any Trial Justice of said County by the said County on account of
criminal proceedings: Provided, That the Trial Justices commis-
sioned for the villages of Bamberg, Midway and Graham's Turn
Out shall receive au annual salary of six hundred dollars; and that
the Trial Justice so commissioned for Blackvilie and Williston
shall receive the sum of four hundred dollars per annum.

Sec. 4. That the said Trial Justices for Barnwell County are To file

hereby required, on the first of each and every month, to file with ™orts' w i t^i
the Clerk of the Circuit Court of said County a report, duly veri-
fied, of all the fees and costs charged, and fines imposed, in criminal
cases and proceedings had before them, and immediately upon the
filino- of such report the said Trial Justices shall pay over to the To pay over

. fees. etc.. to

County Treasurer of said County the amount of such fees, costs County Treas-
and fines by them severally collected and recovered.

Sec. 5. That all the appointments of Trial Justices for the Apiiointmcnt?
County of Barnwell heretofore made shall cease and determine on niadc, when to
and after the passage of this Act, and the Trial Justices provided *^*'^^*^-
for in this Act shall enter upon their duties immediately after their
qualification.

Sec. 6. That the Trial Justices appointed for Barnwell County Constable?,
may each appoint one Constable, and no more, to serve the pro- ""i™. j.';'" ""
cesses of their respective Courts, removable at pleasure: Provided,
That the Trial Justices commissioned for Bamberg, Midway, Gra-
ham's Turn Out, Blackvilie and Williston, may each appoint, if
they deem it necessary, two Constables. The Constables so ap-
pointed shall each receive a salary of two hundred dollars per an-
num, to be paid at the times and in the manner i)rovided by Section
three of this Act.

828 STATUTES AT LARGE

A. D. 1875. Sec. 7. That if either of the"! Trial] Justices appointed for the
i~ ^^ ~ County of Barnwell shall ueojlect to attend to the duties of their

Penalty for ■' _ *=

neglect of duty, office, Of shall be guilty of extortion or oppression in office, or shall
fliil to pay over, as required by this Act, the fees and fines collected
by him in his office, he shall be liable to indictment therefor, and,
on conviction, shall be liable to imprisonment for two years, or a
fine of five hundred dollars, or both, within the discretion of the
Court, and shall be removed from office.
„ „ ^ Sec. 8. That the County Treasurer of Barnwell County be, and

surer to set ^e is hereby, instructed to set aside, annually, out of the County

aside salaries 01 _ •' ' 7 jj j

Trial Justices fund, a sum sufficient to pay the salaries of the officers herein pro-

aud Constables. . . .

vided for, and failure on the part of the said Treasurer to comply
with the requirements of this Section shall be considered a misde-
meanor, the penalty for which shall be fine or imprisonment, as
may be deemed best, in the judgment of the Court.
Bond, amount Sec. 9. The Trial Justices and Constables so appointed shall
approved. each give a boud of five hundred dollars for the faithful perform-

ance of their duties. The bond to be approved by the Judge of the
Second Circuit.
Report to be Sec. 10. That the reports required to be made by Section four of
Court. this Act shall be read in open Court on the first day of the term of

the Court of General Sessions after the appointments herein author-
ized, and on the first day of each term thereafter.

Sec. 11. That all Acts and parts of Acts inconsistent with this
Act are hereby repealed.

Approved January 16, 1875.

Ko. 653. AN ACT TO Change THE Name OF R. W. Brown TO R.W. Webb.

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

R. w. Brown, and by the authority of the same, That the name of R. W. Brown,

foWebb!'"'""'^ ofColleton County, is hereby changed, and he shall hereafter be

known as R. W. Webb.

Approved January 21, 1875.

OF SOUTH CAROLINA. ^ «20

AN ACT TO AmicN'i) AN Act Aitiiorizinc; tiik County Commis-
sioners OF Williamsburg County to Levy aSimx-ial Tax,
Approved March 3, 1874.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General As.seini)ly,
and by the autiiority of the same, That an Act authorizin<i; the

PIT

County Commissioners of Williamsburg County to levy a special upt.o"|i''''I„''x u,
tax, api)roved March 3, 1874, be amended as hereinafter provided : Jjl:,, i'/^*,"^"'"''
Strike out Section 3, and substitute therefor the following : "That
it is hereby made the duty of the Treasurer, out of the funds so
collected under this Act, to retain the same in the County Treasury
until the tax book shall be closed, as now required by law, and
then, after ascertaining the amount so collected, give public notice
thereof by advertising, in one or more County newspapers, once a
week for three successive weeks, declaring a ^;/'0 rata rate of distri-
bution on the amount of accounts registered in his office under
the provisions of said Act; and shall forthwith, on presentation of
said checks, orders, bills or accounts so registered, pay to the hold-
ers thereof their pro rata share of the amount so collected, endors-
ing the amount paid on the claim presented, and taking claimant's
receipt for such payment, and such receipt shall be held a legal
voucher in his settlement and accounting for the proceeds of said
special tax.

Approved January 21, 1875.

AN ACT to Amend an Act entitled " An Act for the No. 655.
Relief of the Widows and Orphans of Persons Killed
Because of Their Political Opinions."

Be it enacted by the Senate and House of Representatives of the Fairfield

State of South Carolina, now met and sitting in General Assembly, f,.'o,'u "^ ecrtaui
and by the authority of the same, That Section 1 of an Act ^^^^'
entitled " An Act for the relief of the widows and orphans of
persons killed because of their political opinions," be amended by
inserting after the words " United States," on sixth line of said
Section, the words "except the County of Fairfield."

Approved January 28, 1875.

830 STATUTES AT LARGE

A. D. 1875. A]^ ACT TO InCOKPORATE THE ToWN OF GeORGE's StATION,

"" ^ Colleton County, South Carolina.

No. 650.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That the
Ineorporatod town of George's Station, in Colleton County, South Carolina, be,
with "powers, aud the Same is hereby, incorporated, and that all the rights, powers
on"' towV^of and privileges conferred upon the officers of the town of Branch-
Branchviiie. yjjjg^ jj^ ^jjjg gtate, are hereby conferred on and vested in the Inten-

dant and Wardens of the town of George's Station.
Officers, when Sec. 2. That the officers of the town shall consist of one Inten-
dant aud four Wardens, who shall be elected annually on the first
Monday in February.
Corporate Sec. 3. That the limits of said town shall extend one-half mile
each way from the intersection of Main and Society streets.

Sec. 4. This Act shall take eflect immediately after its passage,
and shall continue in force for the term of fourteen years.

Approved January 28, 1875.

to be elected.

limit:

No. 657. AN ACT Providing for the Specific Appropriation of
Revenue Derived from Liquor Licenses.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in
Rcyenues General Assembly, aud by the authority of the same. That all
license to sup- revenues derived from the issuing of retail liquor and tavern li-
andpoor'farms. censes, as provided for in Sections 4 and 5 of an Act to regulate
the sale of intoxicating liquors, and to alter and amend the law in
relation thereto, approved March 19, 1874, be, and the same are
hereby, made a specific fund, to be set apart and used only for the
support of the paupers and poor farms in each of the Counties of the
State. And if, in any Couuty in this State, the amount raised
from license shall exceed the amount necessary to support the poor
in the said Couuty, the surplus shall be devoted by the County
Commissioners to any claim against the County accruing in the
fiscal year in which the money was raised.
Treasurers to Sec. 2. That it shall be, and is hereby made, the duty of the
^ubje^^rTo County Treasurers to report, as now provided by law, to the Board
Si"iioners^"or- of County Commissioners, all funds arising out of said revenues in
^^'^' their hands, and to hold the same subject to the order of the County

OF SOUTH CAROLINA. 831

Commissioners for the uses and purposes mentioned in Section 1 of ^- '*• ^'^"•
this Act.

Sec. 3. That the iiiiid so received under the provisions of this v^„i,| j-u„,|
Act simll only he used and expended to and for the use aud beneiit ',',"u^p[l"r!i ""an'd
of the paupers and poor farms of the several Counties, as ()ro- i'"""" f""n«-
vided by Section 1. And for any violation of the terms of this ponnity for
Act the officer entrusted with the disbursement of this fund sliall ' '^'-■'■*"^°-
be deemed guilty of malfeasance in office, and, upon conviction
thereof, shall be fined not exceeding one thousand dollars, or im-
prisonment not exceeding one year, in the discretion of the Court.

Approved January 30, 1875.

AN ACT TO AuTHORizK AND Perimit Henry N. White to Erect No. 6-38.
AND Keep a Gate Across Shallow Ford Road, West of
Seneca River, in Anderson County.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met aud sitting in General Assembly,
and by the authority of the same, That Henry N. White be, and he „., .Henry X.

•^ •' ' ■' ' V, hue to erect

is hereby, authorized and permitted to erect and keep a gate across » K«tp across a

•^ * . , certain road.

Shallow Ford Road, west of Seneca River, in Anderson County, at
any point where he owns land bounding on the same.

Approved February 4, 1875.

AN ACT TO Incorporate the Hibernia Mutual Insurance No. 659.
Company, of Charleston.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That the Corporate

persons who shall become members in the manner hereinafter pre-
scribed shall thereupon become, aud they and their successors shall
be, a body politic and corporate, under the name, style and title of
the Hibernia Mutual Insurance Company, of Charleston.

Sec. 2. That every person insured in this company shall be insured por-
deemed a. member thereof, and shall continue a member thereof !'i'."nua n»eiu-
during the continuance of such insurance.

Sec. 3. That as soon as one hundred and fifty persons shall sub- when to go
scribe their names to an agreement to become ins-ured by the said '"'"^ operation,
company, the same shall go into operation; but if at any time

832

STATUTES AT LARGE

A. D. 1R75.

Powers and
privileges.

thereafter the members amount to less than one hundred and fifty,
the said company shall immediately cease and determine.

Sec. 4. That the said company, under its name, shall have suc-
cession of officers and members, and all the powers, privileges and
franchises incident to a corponili<jn ; and shall be capable of
taking, holding and disposing of their capital stock according to
such rules, regulations and institutions as they may, from time to
time, establish ; and also of taking, holding and disposing of, or
investing, as the said corporation shall from time to time judge fit,
the increase, profit or emoluments of their said capital stock to
their own use, and shall have full power and authority to make,
have and use a common seal, and with such device and inscription
as they shall deem proper, and the same to break, alter and renew
at their pleasure; and by the name, title and style aforesaid shall
be able and capable, at law or in equity, to sue and be sued, im-
plead and be impleaded, answer and be answered unto, in all or
any of the Courts or tribunals of this State, in all manner of suits,
pleas and demands whatever ; and they are hereby authorized and
empowered to appoint a Board of Directory, to consist of a Presi-
dent, a Secretary and Treasurer, and six Directors, at such periods
and with such duties as they shall see fit ; and also to make rules,
by-laws and ordinances, and do everything needful for the govern-
ment and support of the aflTairs of the said corporation, and for
restoring their capital when diminished by losses : Provided,
always, That the said rules, by-laws and ordinances shall not be
repugnant to the Constitution and laws of the United States or of
this State.
May acquire ^EC. 5. That the Said Corporation shall have a right and power
real estate.^ °^ ^^ l)urchase, acquire, take and hold, in the said corporate name, lands
and real estate to any amount not exceeding eight hundred thou-
sand dollars, and the same to devise, grant, sell, lease, assign and
convey in fee simple or otherwise.
-, ,, Sec. 6. That the said corporation shall, by their said name and

Further pow- ' .

ers. by the signature of their President, for the time being, or by the

signature of such other person or persons, and with such ceremo-
nies of authenticity as they shall from time to time and by their
rules and by-laws ordain and appoint, have a right to make con-
tracts and underwrite policies of insurance and indemnity upon
marine risks, whether of vessels or goods and merchandise, in
whole or in part, foreign and domestic, whether lying in foreign
ports or shipped upon the high seas, or in any ports of the United
States, or within any of the rivers, bays, creeks, canals or waters of
this State, lying or being laden ; and also in like manner to make

Proviso.

OF SOUTH CAROLINA. 833

contracts and underwrite policies of insurance and indemnity ^^- ^- ''*"''•
against fire on all buildings, goods, wares, merchandise, and other
property liable to destruction or accident by or from fire, or the
effects thereof, situate, lying, being or deposited in this State, or
elsewhere; to lend or advance money upon bottomry or rei^pon-
dcnila ; to make insurnace upon lives; to grant and purchase
annuities; to lend money on the security of real and personal
properly, or either, or on bonds, bills or promissory notes ; to make
any other contingent contracts involving the duration of life, and
generally to transact and perform all the business relating to the
objects aforesaid, according to the usage and custom of merchants,
and by such contracts effectually to bind and pledge their said
members, each according to his rate of insurance and amount
insured, according to their rules and regulations established and
subscribed.

Sec. 7. That in case any accident occurs, and the damage has Assessment
been ascertained, it shall and may be lawful to and for the said of members.
Board of Directors, if they shall deem the same necessary, to
assess all the members according to the amount and rates of their
insurance. Que mouth's notice shall be publicly given, in some
newspaper published within the State, of the said assessment,
within which period the same shall be paid to the Treasurer ; and
if the assessment of any member be not paid within the period
fixed as aforesaid, the said company may recover from such
defaulting member the amount of his or her assessment, with
interest thereon from the date of such assessment.

Sec. 8. That in all elections in the said company each member Elections,
thereof shall be entitled to one vote, and all elections shall be con-
ducted by ballot.

Sec. 9. That this ^\.ct shall be deemed a public Act, and be in
force for twenty-one years.

Approved February 6, 1875.

AN ACT TO Incorporate the Towx of Johnson's Turn Out, No. 660.
IN the County of Edgefield.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sittintr in
(reneral Assembly, and by the authority of the same, That from and
after the passage of this Act all citizens of this State who have
resided thirty davs in the town of Johnson's Turn Out shall be

834 STATUTES AT LARGE

A. D. 1875. deemed, and are hereby declared to be, a body politic and cor-
^ "^ porate; and the.-^aid town shall be calhi'd and known by the name
Corporate of Johnson's Turu Out, aud its corporate limits shall extend oue-
limits. Y\i\\^ mile from the depot of the Charlotte, Columbia and Augusta

Railroad Company, in a direction due north, south, east and west,
and shall include a S(|uare ibrnied upou the extremities of lines so
drawn.
Officers. Si:c. 2, That said town shall be governed by an Intendant and

four Wardens, who shall be citizens of the United States, aud sli
have been residents of the said town for sixty days immediately
preceding their election, and who shall be elected by the qualified
Time of hold- voters of said town ou the third Monday of April, ten days' public
ing election, notice thereof being previously given ; and that all male inhabitants
Qualifications of the age of tweuty-one years, citizens of this State, who shall have
o voters. resided in said town for sixty days immediately preceding the

election, shall be entitled to vote for the said Intendant and
"Wardens. For the purpose of holding the first election under this
Act, the Clerk of the Court of Common Pleas of Edgefield County
Managers of shall designate three suitable persons, citizens of said town, to act as
Ejection. Managers of Election ; and that the Intendant and Wardens, for the

time being, shall annually appoint Managers to conduct each en-
suing election.

Sec. 3. That the said corporation shall have the same powers and

InTcsted with . ,,,.-■ ■ • • ^ i

powers, etc., privileges, and be subject, in every respect, to the provision or the
town of Edge- charter granted to the town of Edgefield, under an Act entitled
"An Act to grant, renew and amend the charters of certain towns
and villages therein mentioned," approved February 26, 1870.

Sec. 4. This Act shall be deemed a public Act, and continue in
force until repealed.

Approved February 6, 1875.

No. 661. AN ACT to Set Apart S4,000 of the Special Tax of Three
Mills Levied in Abbeville County Uxder an Act of the
General Assembly, Approved March 14, 1874.

Be it enacted by the Senate aud House of Representatives of the

State of South Carolina, now tnet and sitting in General Assembly,

Four thou- and by the authority of the same, That four thousand dollars of the

apart'^for^^'ply- special tax of three mills levied for Abbeville County, by an Act

cuircnf expeni of the General Assembly, approved 14th March, 1874, be, and the

s^^- same is hereby, set apart for the payment of the unpaid current

expenses of said County for the fiscal year ending 31st of October,

OF SOUTPI CAROLINA. 835

A. p. 1874; and it is hereby nuule the duty of the Treasurer of ■^- ^'- i**"''-
Abbeville County to keej) the said tax of four thousand dollars, j^^^^ ^^ i _^
hereby set apart, separate and apart from all other taxes, and to i'^'"' ""'•
pay the same out on the order of the County Commissioners of said
County.

Approved February 0, 1875.

AN ACT TO Renew and Amend the Charter of the Table No. G62,
Mountain Turnpike Company.

Section 1. Be.it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That the charter Charter re-

. newod.

of the Table Mountain Turnpike Company be, and the same is
hereby, renewed, and is hereby vested in James A. Bates and J. in wiimn
K. Sutherland, and their successors and assigns. And that the said
James A. Bates and J. K. Sutherland, and their successors or as-
signs, shall be, and they are hereby declared to be, a body politic
and corporate, under the name and style of the "Table Mountain
Turnpike Company ;" and they shall have, exercise and enjoy all powers and
the exclusive rights, privileges and immunities that have heretofore P"^''1'^s<^s-
been extended and allowed to John Bowen, under Section 7 of an
Act of the General Assembly of the State of South Carolina en-
titled " An Act to establish certain roads, bridges and ferries,"
ratified on the 20th day of December, 1856.

Sec. 2. This Act shall be deemed a public Act, and shall con-
tinue in force for the term of twenty-one years.

Approved February 8, 1875.

AN ACT to Incorporate the Town of Port Harrelson, in No. G6o.
Houry County.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in General
Assembly, and by the authority of the same, That all persons, citi- Corporators,
zens of the State of South Carolina, who are now, or who may here-
after become, inhabitants of the town of Port Harrelson, shall be
deemed, and are hereby declared, a body politic and corporate, and
that said town shall be called and known bv the name of "Port

836 STATUTES AT LARGE

A. D. 1875. HarrelsoD," and its corporate limits shall include the place jiow
~' S^ known as "Bull Creek," and shall extend alonjr the waters of Bull

Corporate °

name. Creek, from Kell Gate, for the distance of two miles down the

Corporate stream ; that the northwestern boundary be a line one mile up Cow-

ford Creek, measured from its junction with Bull Creek, then a line

one mile parallel with Bull Creek, then taking the stream to Hell

Gate.

Sec. 2. That the said town shall be governed by an Intendant
and four Wardens, who shall be elected on the first Monday of
January every year, and to hold office until their successors are
elected and duly qualified ; that the said lutendant and Wardens
shall be citizens of the State of South Carolina, and shall have
been resident in said town for sixty days immediately preceding
Election. said election ; that such election shall be held at such places in said
town as the Intendant and Wardens shall designate by publication
ten days before any such election ; that all male inhabitants of the
said town of the age of twenty-one years, who shall be citizens of
the State of South Carolina, and shall have resided therein sixty
days previous to the election, shall be entitled to vote for said In-
tendant and Wardens ; that the said election shall be held from
nine in the morning till three o'clock in the afternoon, when the
poDs shall be closed, and the Managers shall count the votes and
proclaim the election, and give notice thereof, in writing, to the
parties elected; that the Intendant and Wardens forthe time being
shall appoint the Managers to hold the ensuing election; and that
the said Intendant and Wardens, before entering upon the duties of
their offices, shall take the oath prescribed by the Constitution of

Oath of office, this State, and also the following oath, to wit: "Is Intendant (or
Warden; of Port Harrelson, I will, equally and impartially, to the
best of my skill and ability, exercise the trust reposed in me, and
will use my best endeavors to preserve the peace and carry into
effect, according to law, the purposes of my appointment: So help
me God."

■rr . ^ Sec. 3. That in case a vacancy shall occur in the office of In-

tendant or any of the Wardens, by death, resignation, removal
from the State, or from any other cause, an election shall be held
by the appointment of the Intendant or Wardens, as the case may
be, ten daj's' notice thereof as aforesaid being given ; and in civse
of the sickness or temporary absence of the Intendant, the War-
dens, forming a Council, shall be empowered to elect one of them-
selves to act as Intendant during such sickness or absence.

Judicial pow- Sec. 4. That the Intendant and Wardens, duly elected and quali-
^"' fied, shall, during their term of service, severally and respectively,

OF SOUTH CAROLINA.

831

Marshals.

General pow-
ers.

be vested with ill I tlie powers of otlier iiicor[)orated towns of this A.I». i^:.'
State in matters civil and criminal within the limits of said town; ^

that the Intendant sliall, as often as occasion may recitiire, summon
the Wardens to meet him in Council, a majority of whom shall
constitute a quorum for the transaction of business, and shall be
known as the Town Council of Port Harrelson ; and they, and their
suc■c»^^sors in office, shall have a common seal, and shall have power
to sue and be sued in any Court of this State, and shall have power
and authority to aiippoint, from time to time, such and so many
persons to act as i\tarshals, who shall be clothed with all the pow-
ers, and shall be allowed all the privileges and emoluments of, and
be subject to all the duties, penalties and regulations provided by
the laws of this State for tiie office of Constable, as they may deem
expedient.

Sec. 5. That the Intendant and Wardens, in Council, shall have
power and authority to ordain and establish all such rules and by-
laws and ordinances, respecting the streets, ways, public wells and
springs of water, markets and police of the town, and for preserving
heallh, peace, order and good government within the same, as they
may deem proper ; and the said Council may affix fines for offenses Fines,
against such by-laws and ordinances, and appropriate the same to
the use of the corporation, but no fine shall exceed fifty dollars ; all
fines may be recovered by an action for debt before a proper tri-
bunal : Provided, That the penalty for retailing liquors without
license shall not be a greater sum than the sum provided by law
as penalty for such offense.

Sec. G. That the said Council shall have power to abate nuis-
ances, and to classify and arrange the inhabitants liable to police of nuisance^."
duty and road duty, and require them to perform such duty as oc-
casion may require, and to enforce the performance thereof under
the same penalties as are now, or may hereafter be established by
law : Provided, ahvays, 'nevcrlhelt^if, That the said Town Council
shall have power to compound with persons liable to such duties
upon such terms as they shall, by ordinance, establish.

Sec. 7. That it shall be the duty of the Intendant and Wardens
to keep all streets and ways which may be necessary for public
use within the limits of the said town, open and in good repair;
and for that j)ur[)ose they are hereby invested with all the powers,
rights and privileges, and shall be liable to the pains and ])enaltios
imposed by law upon Commissioners of Roads. And the inhabi-
tants of said town are hereby excused from road and jiolice duty
without the limits of the corporation.

Sec. 8. That the Intendant and Wardens of the said town shall
have power and authority to require all persons owning a lot or ijiji-waiks.

Kotnl nii<l
street duty.

838 STATUTES AT LARGE

A.D.is:,^. }Qf^ j,j (.j^g g^jj j_Q^^.y y^- pyj.j^ HurreLson to keep in repair tlie side-
walks adjacent to their lots respectively, and for default in this
matter, shall have power and authority to impose a fine not to ex-
ceed ten dollars.

Sec. 9. That the said Intendant and AVardens shall have full
Licenses. power to grant or refuse licenses to any person, firm, com-
pany or corporation, to conduct any business, trade or profession
whatsoever, within the limits of the said town, upon such conditions
and under such circumstances a,s to them shall stem proper and
right : Provided, That in no instance shall the price of a license to
keep a tavern, billiard room, or to retail spirituous liquors, be fixed
at a less sum than is established by the laws of this State: Provided,
That the Intendant and Wardens shall not have power to grant
any license to extend beyond the term fcr which they have been
elected.
Disposition g^c, 10, That the amount collected for fines and licenses shall

01 nnes.

be used for public uses of said town ; and the said Town Council
Taxation. ^^ -Port HarreJsou shall also have power to impose an annual tax
on all the real and personal property within the corporate limits
of said town, to be collected by the said Town Council under such
regulations as they may ordain: Provided, Said tax does not ex-
ceed the sum of twenty-five cents on the one hundred dollars.

Sec. 11. That the said Town Council of Port Harrelson shall
May hold and also be empowered to retain, possess and enjoy all such property
perty. as they may become possessed of by purchase, bequests, or in any

other manner.

Sec. 12. The first election held under this Act shall be held on

gj^j™^j^jj°^^*"^*^ the first Monday in April, 1875, and the officers elected thereat

shall hold their offices until the second Monday in January, 1S7G,

or until their successors are duly elected and qualified. The said

Election, by first election shall be called by the Commissioners of Election of

■whom called. . . ' . .

Horry County, which said Commissioners shall appoint Managers
to conduct the same, who shall make returns thereof to the said
Commissioners, the same as of other elections held in said County ;
and the said Commissioners shall declare the election and notify
the persons elected Intendant and Wardens of said town.

Approved February 8, 1875. i

OF SOUTH CAROLINA.

AN ACT TO Altku and Amicnd thk Ciiauteu of the Union

Savings Bank, op Coi-umuia, South Cauouna. ^^ ^,.,.,

' No. hh4.

Section 1. Be it oiadcd by the Senate Jind House of Represen-
tatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That Section
one (1) of the Act entitled " An Act to charter the Union Savings
Bank, of Columbia, South Carolina," approved March 13, 1872, be,
and the same is hereby, amended by striking out the word "Savings," , Name
in the ninth line thereof, as printed, so that the name and style of Union Dank,
the said corporation shall hereafter be " The Union Bank, of Co-
lumbia, South Carolina."

Sec. 2. That Section seven (7) of said Act be, and is hereby,
repealed, and the following substituted therefor: "Section 7. At
the close of each fiscal year scrip may be issued for as many shares, When and

.. 11,,,,,, , , -1 11 how scrip may

01 one hundred dollars each, as the whole amount paid and the ije issued,
accrued profits will make; and any fractional amount shall remain
to the credit of the stockholders, to be increased by the monthly
payments and profits."

Sec. 3. That Section eight (S) of same Act be, and the same is
hereby, repealed, and the following substituted therefor: "Section 8.
The stock for which scrip has been issued shall be entitled to re-
ceive in dividends, semi-annually, the pro rata proportion of such Dividends.

_ , , 11,1 11*1 j-z> when and how

profits as may be made, or the same shall be placed to the credit ot made,
the stockholder, on account of his monthly payments, until scrip
has been issued for the whole number of shares originally sub-
scribed, and then the monthly payments shall cease, and dividends paymelits to
shall be paid at such times, and of so much of the profits as the
Directors may deem advisable for the interest of the bank."

Sec. 4. That Section nine (9) of said Act be, and the same is
hereby, repealed, and the following substituted therefor : " Sec-
tion 9. The said bank may, at any lime, issue stock, paid up in -y^i^^y ij,^„p
full, to any person applying for the same, at not less than its par J^'^^lj' "'Veccive
value in money; and it may, also, receive subscriptions to stock, to subscriptions,
be paid up in monthly instalments, on such terms as will place the
new subscriber on an equality with the original :-tockholders."

Sec. 5. That Section ten (10) of the said Act be so amendril in
the third line of said tenth Section, as printed, after the word
" thereafter," by inserting the words " not less than ;" and after the pi^!,"."oM."" "''
word "seven," in the third line of the said tenth Section of the said
Act, as printed, by inserting the words "nor more than thirteen,"
so as to read " not less than seven nor more than thirteen Direc-
tors.''

840 STATUTES AT LAKGE

A.D. 18,0. gj-p (; Xhat this Act shall be in I'urce from its passage, and con-

tinue in force for the time fixed by the Act to which this is au amend-
ment.

Approved February 8, 1875.

No. Q6d. ax ACT to Incorporate the "Winnsboro Building and Loan

Association.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now inet and sitting in
Corporators. General Assembly, and by the authority of the same, That George
H. McMaster, James Beaty, Samuel B. Clowuey, T. Ross Robert-
son, Mac C. Robertson, together with such persons as now are, or
hereafter may be, associated with them, be, and they are hereby,
declared a body politic and corporate, for the purpose of making
loans of money, secured by mortgage on real estate or personal
property, or by conveyance of the same, to their members aud stock-
name. "'^^"'^'^'^ holders, by the name and style of the " Winnsboro Building and
Loan Association." The capital stock of said association may con-
Capital stock, sist of on'v thousand shares, but as soon as two hundred shares are
subscribed thereto the said association may organize aud commence
operations, said shares to be paid by successive monthly instalments
of one dollar on each share, so long as the said association shall
continue ; the said shares to be held, transferred, assigned and
pledged, aud the holders thereof to be subject to such fines, penal-
ties and forfeitures, for default in their payments, as the regulations
and by-laws of the said association may prescribe.

Sec. 2. That the said association shall have such number and
succession of officers and members as shall be ordained and chosen
General powers according to the rules and by-laws made or to be made by them
for their government ; and shall have power and authority, from
time to time, and at all times, to make all such rules, regulations
and by-laws as are not repuguant to the Constitution and laws of
the laud ; to have and keep a common seal, and the same to alter
at will ; to sue and be sued, implead and be impleaded in any Court
of this State; and shall have and enjoy every right and privilege
incident and belonging to corporate bodies, according to the laws of
the land.

Sec. 3. That the said corporation shall have power to take, pur-

:May acquiro chase and hold real estate, and to sell and transfer the same, from

real c*stVey ^ ^ ^i™6 to time, on such terms, and under such conditions, and subject

to such regulations as may be prescribed by the rules and by-laws

OF SOUTH CAROLINA. 841

of said corporation : Provided, Thai tlie real estate held by said A.D. ic^.

corporation shall not at any linie exceed the value of two hundred """"^

thousand dollars.

Si:c". 4. That the funds ol' the said eorporation .shall he loaned

' _ Invt'-linenf

and advanced to the members and stockholders upon the security offumls.
of real and personal estate, and used in the purchase of real estate
for the benefit of its members and stockholders, on such terms, and
under such conditions, and subject to such regulations as may from
time to time be prescribed by the rules and by-laws of the said cor-
poration ; and it shall be lawful for the said corporation to hold
such lands, tenements, hereditaments and personal property as shall
be mortgaged and conveyed to them in good faith, by way of
security, upon its loans and advances, and may sell, alien, or other-
wise dispose of the same, as they may from time to time deem ex-
pedient.

Sec. 5. That whenever it shall occur that the funds of the cor-
poration shall remain unproductive and uncalled for, the corpora-
tion shall have power to lend whatever amount may be thus on loaii^oufmoney
hand to others than stockholders and members, for such time, and
at such rates of interest, and on such securities as may be estab-
lished by virtue of such rules and by-laws as may be made by such
corporation.

Sec. 6. The said corporation shall have the right, out. of its pro-
fits, to declare and pay semi-annual dividends on stock held therein, Pividend:^.
•whether paid up in whole or in part, according to such proportions
as its rules may establish, but no dividends shall ever be paid so as
to diminish the capital stock.

Sec. 7. That whenever the funds and assets of the said corpora-
tion shall have accumulated to such an amount that, upon a fair
division thereof, each stockholder, for each and every share of

,,,,,,. , 1 n 1 • 1 1 • 1 1 Division nn<l

stock held by huu or her, shall have received, or be entitled to re- distribution of
ceive, the sum of two hundred dollars, or the value thereof in pro-
perty and assets, the said corporation shall then cease and deter-
mine : Provided, however, That in case the said corporation shall
not have closed its operations and affairs, as above provided for,
within a shorter period, then this Act shall not continue in force
beyond ten years.

Sec. 8. This Act shall be deemed a public Act, and be given and
received in evidence without being specially i)leaded.

Approved February 19, 1875.

842 STATUTES AT LARGE

A.r>. 1875. ^J^ ACT TO IXCORPORATE THE HiBERNIA SAVINGS BaNK, OF

T.. ,.,.p Charleston.

Iso. 606.

Section 1 . Be it enacted by the Senate and House of Representatives
of the State of South Carolina, now met and sitting in General Asscm-
CoiTorators. blv, and by the authority of the same, That William Moran, Bernard
O'Neill, James Cosgrove, M. P. O'Connor, John F. O'Neill, Philip
Fogarty, Edward Daly, George S. Addison, C. R. Cassidy, William
Byrnes, D. A. J. Sullivan, James Armstrong, Thomas S. O'Brien,
Michael McGorty, P. Brady, B. Callahan, R. Martin, John Burke,
Henry F. Baker, John Kenny, M. Storen, William Maher, Alex-
ander McLoy, James F. Redding, John H. Devereux.T. L. Quack-
enbush, Thomas C. Ryan, E. F. Sweegan, James Cantwell, James
J. Grace, Henry J. Laurey, Gustavus Follin, P. Walsh, James F.
Greene and James Kieley, be, and they are hereby, created a cor-
name. "^"^^^^ ® poration, by the name and title of the Hibernia Savings Bank; and
that they, and such others as shall be duly elected members of said
corporation, as in this Act provided, shall be a body politic and
corporate, by the same name and title.

Sec. 2. That the said corporation shall be capable of receiving
Deposits. Qj^ deposit, from any person or persons disposed to obtain and enjoy
its advantages, all sums of money that may be offered for that pur-
pose ; and on receipt of any deposit, it shall deliver to the depositor
a book, in which shall be entered all sums deposited.

Sec. 3. That all deposits of money received by said corporation
Investments, ^^^y be invested in any public stock or bonds, created by virtue of
any law of this State, or any Ordinance of the City of Charleston,
or in the capital stock of any bank within this State, or in United
States bonds or stocks, or bonds or stocks of any city or State in
the United States, or in the stocks or bonds of any railroad com-
pany incorporated in this or any other State, or loaned on promis-
sory notes secured by pledge of such stocks, at not more than sev-
enty-five per centum of their par value, or on bonds secured by
mortgage of real estate, lying and being within thecity and County
of Charleston ; and the income and profit thereof shall be applied
profitsy*'"" " iind divided among the persons making the said deposits, or their
legal representatives, after making such reasonable deductions as
may be necessary for expense^, in proportion to the sums by them
deposited, and to the length of time during which such deposits
may have remained in the bank, and the principal of such deposits
shall be repaid to each depositor at such time and under such regu-
lations as the said corporation shall prescribe, the substance of
Avhich regulations shall be printed in the book of deposit received
by each depositor : Provided, That the corporators in the said cor-

OF SOUTH CAROLINA. 843

poration shall be liabK; to the amount of their respective share or ^^•^*' '^'■''■
shares, deposit or deposits in said Ijankinj; institution for all its '^

debts and liabilities upon note, bill or otherwise: And provided, Liahiiiiy of

I ' -f ' cori»oriitor8.

further. That no Director, or other officei' of said corporation, shall

borrow any money from said corporation: and if any Director, or ^;'' Director

■' - ' _ _ •' ^ \ to Itnrrow from

other officer, shall be convicted, upon indictment, of directly or in- Bank,
directly violating this Section, they shall be punished by fine or
imprisonment at the discretion of the Court.

Sec. 4. That the said corporation sliall have power to elect new

, , , ,, , . . , . . T 1 N«w members.

members by ballot at their semi-annual meetings in January and
July of each year, and any member, upon filing a written notice
with the President thereof three months prior, may, at any such
meeting of said corporation, withdraw and forever dissolve his con-
nection ^vith th? same.

Sec. 5. That the said corporation may have a common seal,
which they may change and renew at pleasure, and that all deeds, powers." "^ "^^
conveyances and grants, covenants and agreements made by their
Treasurer, or any other person, b}' their authority and direction,
according to their rules, shall be good and valid, and the corpora-
tion shall at all times have power to sue and be sued, and may
defend and shall be held to answer by the name and title aforesaid,
and may acquire, take, hold and convey such real estate as may be
deemed desirable for its place of business, or necessary for it to pur-
chase in foreclosing or settling such mortgages as it may hold as
security for loans.

Sec. (i. That the said corporation shall hereafter meet at Charles-
ton, some time in the mouth of January, annually, and as much . Annual mcet-

•' . ings.

oftener as they may deem expedient, and any seven members of the

said corporation, the President, Vice President, Secretary or Treas-
urer being one, shall be a quorum, and the said corporation, at their
annual meetings in January, shall have power to elect a President, , Election of
Vice-President, Secretary and Treasurer, and twenty Trustees, all
of which said officers shall be sworn to the iliithful performance of
their duties, and shall hold their offices, and manage and direct the
affiiirs of the said corporation until their successors shall be duly
elected and qualified.

Sec. 7. That the said corporation are hereby vested with the Rules and rc-

' Kulution:<.

power of making by-laws and regulations for the more orderly

managing the business of the corporation: Provided, The same are

not repugnant to the Constitution and laws of this State.

Sec. 8. That any two pors'Mis herein named may call the first First meetintr.
/. ^, . , , . . . . " <•,! 1 -1 ln'w to be call-

meeting or the corporation by advertising it in any two ol the daily ctl.

papers published in ihe city of Charleston.

844 STATUTES AT LARGE

AJT. IS,,). gj,(~,_ Q That the Treasurer of said corporation shall give bond to

the satisfaction of the Trustees for the faithful discharge of the

Trciisurer to duties of his office.
Kivo bond.

Sec. 10. That the Treasurer of said corporation shall, as soon as

may be after the annual meeting in January, publish in one or

Annual state- more of the daily papers of the city of Charleston a statement of

uiL-nt. what to .

contain. the concerns of the said corporation, which statement shall specify

the following particulars, namely: Number of depositors, total
amountof deposits, amount invested in bank stock, amount invested
in State or city stock, amount invested in United States bonds or
stock, amount invested in railroad stocks or bonds, loans on mort-
gage of real estate, loans on notes secured by pledge of stock,
amount of cash on hand, total dividends for the year, annual
expenses of the corporation, all of which shall be certified and sworn
to or affirmed by the Treasurer, and five or more of the Trustees of
said corporation shall also certify that the same is correct, according
to the best of tlieir knowledge and belief.

Sec. 11. That this Act shall be deemed a public Act, and con-
tinue in force until repealed.

Approved February 19, 1875.

No. 667. AN ACT to Amend Section 1 of an Act entitled " An Act
FOR THE Better Protection of Land Owners, and Persons
Renting Land to Others for Agricultural Purposes, and
to Amend Acts relating thereto."

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That Section 1 of an Act en-
titled " An Act for the better protection of land owners and persons
renting land to others for agricultural purposes, and to amend Acts
relating thereto," be, and the same is hereby, amended by striking
inserted in lieu out, on line seventeen of said Section, after the word "of," the
fourth." ^^' words " one-fourth," and inserting in lieu thereof the words "one-
third."

Approved February 19, 1875.

Lici.'n.''e fee.

OF SOUTH CAROLINA. 845

AN ACT TO Pkoiiihit a Cikcus, oh any othkr Snow Tkavel- ^- ^'- ''^"''•
IN(} IN Connection Thkrewitii, from E.miibiting for ^
Gain Within any County in this State, without hav-
ing FIRST OrTAINED A LiCENSE FROM THE ClERK OK THE

Court of said County.

I
Section 1. Beit enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen- circns and
eral Assembly, and by the authority of tiie same. That any circus 8ho\vVto"uke
or other show traveling in connection therewith, and exhiljiting for »"<^ ''•-'cnse.
gain, shall, before exhibiting in any County in this State, obtain a
license from the Clerk of the Court of said County in which said
circus or other show is intended to exhibit, and shall pay to the
said Clerk, for said license, one hundred dollars for each and every
day said circus or other show shall be exhibited ; and said Clerk ^

Revenue from

shall forthwith pay over to the County Treasurer of said County licensts to be
11 1 1 • • 1 /. -J T 1 uiscd for County

all moneys by him received on account ot said license, to he ap- purposes.

plied to the use of said County.

Sec. 2. Any person or persons, company or companies violating

this statute shall, upon conviction in any Court of competent iuris-

' ■^ I J Penalty for

diction, be fined in the sura of two hundred dollars and all costs, violating Sec-
and be imprisoned in the jail of said County not less than one
month, nor more than three mouths, in the discretion of the Court.

Sec. 3. Nothing herein contained shall be construed to prevent Muniiipninu-
the municipal authorities of any incorporated city or town in this rcquirc'ucensJ.
State from levying and collecting such fines or licenses as may be
imposed by such municipal authorities.

Approved February 19, 1875.

AN ACT to Confirm, Alter and Modify' the Charters of No. 669.
Incorporation of " The Carolina Lumber Manufacturing
Company of Charleston, South Carolina," and of " The
Taylor Iron Works Manufacturing Company of Charles-
ton,South Carolina," ESTABLISHED UNDER TIIE ACT ENTITLED
" An Act to Provide for Grantinc; of Certain Charters,"
APPROVED February the 20th, 1874.

Section 1. Be it enacted by the Senate and House of Represen- Charter con-

... .... firiucil.

tatives of the State ot South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That the
charters of the said "The Carolina Lumber Manufacturing Com-
pany of Charleston, South Carolina,"' a corporation established

846 STATUTES AT LAIIGE

A. D. isT.i. under the Act entitled " An Act to provide for granting of certain
charters," for the purpose of the manufacture of agricultural im-
plements within this State, and of "The Taylor Iron Works Manu-
facturing Company of Charleston, South Carolina," a corporation
established under the said Act, for the purpose of the manufacture
of iron within this State, be, and the same are hereby, confirmed,
with the amendments hereinafter provided and set forth,
therein'^' con- ®^^" ^' That the Said corporations, respectively, shall have all
firmed'^' '^"'^ the rights and privileges conferred upon them by their charters,
issued to them as hereinbefore mentioned.
Liiibiiity of gjrc, 3^ That every shareholder of the said companies, respec-

shareholuers. ^ . . "■. . r ' r

tively, shall be individually liable for the debts contracted by the
company of which he or she is a. member, during the time he or she
shall be a stockholder in said company, to the extent often per
cent, of the par value of his or her shares in the samt;: Provided,
That no person holding such stock, as collateial security, shall be
personally subject to any liability as stockholder of such company,
but the person pledging such stock shall be considered as holding
the same, and shall be liable as a stockholder, accordingly : And
provided, further, That no stockholder shall be personally liable for
the payment of any debt contracted by the said company, of which
he or she is a stockholder, which is not to be paid within one year
from the time the debt is contracted, nor unless a suit for the col-
lection of such debt shall be brought against the said company of
which he or she is a stockholder, within one year after the debt
shall become due, and no suit shall be brought against any stock-
holder who shall cease to be a stockholder in said company for any
debt so contracted, unless the same shall be commenced within two
years from the time he or she shall have ceased to be a stockholder
in said company, nor until an execution against the said company
shall have been returned unsatisfied, in whole or in part.
Entitled to gjrc. 4. That the objects, purposes, scope, intention and business

benents ot cer- _ . .

tain Act. of both the Said comj)anies being in accordance with the purpose,

object, scope and intention of the Act entitled " An Act to aid and
encourage manufactures," approved 20th December, 187o, and in
acceptance by them, respectively, of the oiier of the Legislature as
contained in the said Act, the said corporations, respectively, be,
and are hereby declared to be, and are entitled to the beneSts, ad-
vantages and privileges of the said last mentioned Act.

Sec. 5. That whenever the said corporations, respectively, shall
have prepared their tax returns for the present or any future year,
showing all the taxable property of such corporations, respectively,

General to fix and shall havc exhibited the same to the Comptroller General of

taxes iind de- , ^^ \ fr> • o

termine rebate, the State, and shall have furnished that officer with satisfactory

OF SOUTH CAROLINA. 847

proof or evlilciicc that the property or capital for which the benefits •^- ^^- ^'^'■'^
of (lie said hist mentioned Act are claimed has been actually em-
ployed, paid in, or invested iu this State, it shall he the duty of the
Comptroller General to, and he shall forthwith, fix and determine the
amount of taxes to be paid on the said returns respectively, and
endorse or set down the same on the respective returns, and shall
also fix and determine the rebate or reduction to be made therefrom,
accordinj^ to the provisions of Section 1 of the said Act, and deduct
the same from the said respective aggregate suras of said taxes, and
set down the balances on the said returns respectively ; and that
such balances of State and County taxes, respectively, and no more, tif.n ..ruxesi.

1 11 1 • 1 1 1 .• .• i ii n 1 T^ corporation to

shall be pan! by the respective corporations to the County ireasurer pay.
for the State and County taxes, at the time required by law; and
such balances of municipal, or town or city taxes, and no more,
shall be paid to the treasurer of the municipal corporation, or town
or city, at the time or times required by the by-laws or ordinances of
the said municipal corporation, town or city to which the said tax
returns may be made.

Skc. G. That if either of the said corporations shall suspend their Penalty for

* .... suspension.

works for a continuous period of one year, at any time within the
ten years mentioned in Section 5 of the said Act, the said corpora-
tion so suspending shall forfeit and pay the sum of two hundred
dollars, for each and every such suspension, to be recovered in an
action in the name of the State, and to be applied and used for
school purposes exclusively.

Sec. 7. That this Act shall be deemed and taken as a public Act,
and be taken notice of judicially, without being specially pleaded.

Approved February 2)], 1875.

AN ACT TO Revive and Renew the Charter of the No. 670.

CUAHLESTON CHAMBER OF COMMERCE.

Be it enacted by the Senate and House of Representatives of the Charter re-
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That the charter of the Charles-
ton Chamber of Commerce be, and the same is hereby, revived and
renewed, for the term of fourteen years, and that all acts of the
Charleston Chamber of Commerce, doiu' in its corporate capacity

... Aet^ prcvi-

since the expiration of its former charter, bo, and tlie same are ou!«ly »lone,
hereby, confirmed and declared as good and valid as if the former
charter had not expiixd.

Approved February '1'^, 1875.

848 STATUTES AT LARGE

A. D. is::.. Ajf ACT to Change the Names of Certain Individuals

,. ,._, Heuein Mentioned.

IS o. 0(1.

T, . „ , Be it enacted bv the Senate and House of Representatives of the

F. A. Tucker " >■

et a/., nHines State of South Carolina, now met and sittino; in General Assembly,

changedto ' ° •' '

Priveat. and by the authority of the same, That the names of Franklin A.

Tucker, Mary Jane J). Tucker, Ehvell Tucker and Asa Wilson
Tucker be changed to Franklin A. Friveat, Mary June D. Priveat,
Ehvell Priveat and Asa Wilson Priveat, and that they be declared
the lawful heirs of Kinchen Priveat, of Chesterfield County, S. C.

Approved February 23, 1875.

Xo. 672. AN ACT to Amend an Act Entitled " An Act to Incorpo-
rate the Sumter Academical Society."

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That Section 3 of an Act enti-
tled " An Act to incorporate the Sumter Academical Society,"
approved March 13, 1872, be, and the same is hereby, amended so
Corporators as to read as follows : " That the corporators of the said Sumter

TDRV sell ccr-

tainlot. Academical Society, named in the first Section of this Act, be, and

they'are hereby, authorized and empowered, for the benefit of the
society herein incorporated, and for no other purposes, to sell and
convey in fee the lot of laud which was conveyed by the late J. B-
Miller to certain trustees for educational purposes, of whom F. J.
Moses, Sr., is the survivor, if in their judgment the purposes of
this Act can be more fully carried out by such sale."

Approved February 23, 1875.

No. 673. AN ACT to Prohibit the Retailing of Intoxicating
Liquors Within Three Miles of the Reidville High
Schools.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That for the
be'^s''oid'*w?tliin protection of the Reidville High Schools, in Spartanburg County,
school.™^^*^^ "^ no person or persons shall be allowed to retail any intoxicating
liquors within three miles of the said high schools ; and every per-
son and persons so retailing the same shall be, and they are hereby

OF SOUTPI CAROLINA. , 849

made, siil)ject to the pain.siiiid penalties now in force for .selling the •^- •'■ ^''•'•
same without a license. ^

Sue. 2. That all Acts and parts of Acts inconsistent with this
Act be, and they are hereby, for the purposes of this Act,
repealed.

Approved February 23, 1875.

AN ACT TO Make the County Commissioners of Spartan- No. G74.
EURO, Pickens, Oconee and Beaufort Counties, Commis-
sioners OF Health and Drainage.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That all of the provisions,

• ' 1 ■ (• 11 A • 1 1 <i A . Certain dii-

requiremeuts and power courerred by an Act entitled An Act to tics conferred

.1 /-i /-i • . (• A 1 /-I /^ upon County

constitute the County Commissioners or Anderson County, Com- Commissioners
mis.<ioners of Health and Drainage, and to define their powers and i.ppiy to other
duties therein," approved March 14, 1874, be, and the same is
hereby, extended, in each and every particular, and made applica-
ble to the Counties and County Commissioners of Spartanburg,
Pickens, Oconee and Beaufort, for the purposes in said Act
designated : Provided, That in cases where the lands to be bene-
fitted by the drainage therein mentioned are located in ditterent
Counties, the County Commissioners of such Counties shall act
conjointly in carrying out the provisions of the said Act; and their
actions shall be binding upon the inhabitants of each County in
Nvhich said lauds are situated.

Approved P'ebruary 23, 1875.

AN ACT TO Incorporate the Town of RiDnEViLLE, in the No. 675.
County of Colleton.

Section 1. Be it enacted by the Senate and House of Representa-
tives of the State of South Carolina, now met and sitting in Gcreral Corpomtors.
Assembly, and by the authority of the same, That from and after
the passnge of this Act, all citizens of this State who have resided
thirty days in the town of Ridgeville .shall be deemed, and are
hereby declared to be, a body politic and corporate ; and the said
town shall be called and known by the name of Ridgeville, and its limij.'"
corporate limits shall extend one-half mile iu every direction fionj
the Depot of the South Carolina Railroad Company.

850 STATUTES AT LARGE

A^. 1875. gjTc. 2. That the said town shall be governed by an Inteudant
^^ij.^^^^ and four Wardens, who shall be citizens of the United States, and

shall have been residents of the said town for sixty days immediately
preceding their election, and who shall be elected by the qualified
Election. voters of Said town, on the first Monday in March, 1875, and on
the same day of each year thereafter, five days' public notice thereof
beiug previously given, and that all male inhabitants of the age of
twenty-one years, citizens of this State, who shall have resided in
the said town for sixtv days iramediatelv precedinsr the election,

Electors. . ■" , .

shall be entitled to vote for said Intendant and Wardens. For the

purpose of holding the first election under this Act, the Clerk of

the Court of Common Pleas of Colleton County shall designate

three suitable persons, citizens of said town, to act as Managers of

Managers. Election, and that the Intendant and Wardens for the time being

shall, annually, appoint Managers to conduct each ensuing election.

Invested with Sec. 3. That the Said corporation shall have the same powers and

conferred 0*^11 privileges, and be subject, in every respect, to the provisions of the

BranchviUe. charter granted and now governing the town of Branchville.

Sec. 4. This Act shall be deemed a public Act, and continue in
force until repealed.

Approved February 23, 1875.

jS"o. 676. AX ACT to Change the Regular Day of Sheriff's Sale in

Beaufort County.

Section 1. Be it enacted by the Senate and House of Repre-

" Tuesday" sentatives of the State of South Carolina, now met and sitting in

lieu of "Mon- General Assembly, and by the authority of the same, That the

*^" regular day of Sheriff's sale in and for the County of Beaufort

shall be, and the same is hereby, changed from the first Monday

to the first Tuesday in each month.

Sec. 2. All Acts or parts of Acts, Resolutions or parts of Resolu-
tions, conflicting with the provisions of this Act, are hereby
repealed.

Approved February 23, 1875.

No. 677. AN ACT To Incorporate the Town of Leesville, in the

County of Lexington.

Section 1. JBe it enacted by the Senate and House of Represen-
Cpfporate tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, That from and

limits

OF SOUTH CAROLINA. 851

after the passivge of this Act, all citizens of thia State, who have '^- ^- ^'^^•
resided thirty days in the town of Leesvillc, shall be deemed, uiirl
are lierehy derlarcd to be, a body politic anfl corporate; and the
said town shall be called and known by the name of Lcesville; and
its corporate limits shall extend one-half mile from the depot of
the Charlotte, Columbia and Augusta Railroad Company in a di-
rtction due north, south, east and west, and sliall include a square
formed upon the extremities of lines so drawn.

Si:c. 2. That said town shall be governed by an Intendaiit and omccrs.
four Wardens, who shall be citizens of the United States, and shall
have been residents of the said town for sixty days immediately
preceding the election, and who shall be elected by the qualified
voters of the said town on the third Monday iu April, ten days' Time of
public notice thereof being previously given; and that all male in- tiou.
habitants of the age of twenty-one years, citizens of this State, who
shall have resided in said town for sixty days immediately preced-
ing the election, shall be entitled to vote for the said Intendant and
"Wardens. For the purpose of holding the first election under this
Act, the Clerk of the Court of Common Pleas of Lexington County ^o '^Mp'po'in't
shall designate three suitable persons, citizens of said town, to act ' ''n•■'^''^'■^•
as Managers of the election; and that the Inteudaut and Wardens
for the time being shall annually appoint Managers to conduct each
ensuing election.

Sec. 3. That the said corporation shall have the same powers and invested
privileges, and be subject, iu every respect, to the provisions of the ^,'','fcrrea' *^ o n
charter granted to the town of Ninety-Sis, by an Act entitled "An l""^"/''^ Nme-
Act to incorporate the town of Ninety-Six," approved March 13,
1872.

Sec. 4. This Act shall be deemed a public Act, and continue in
force until repealed.

Approved February 23, 1875.

AN ACT TO Incorporate the Union Telegraph Company. No. 678.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That Ben- Corporators,
jamin F. Rawls, B. Dudley Culp, W. D. Humphries and William
A. Nicholson, and all those who shall become stockholders in the
company hereby incorporated, shall be a body politic and corpo-
rate, by the name of the Union Telegrj^ph C'ompany, and by that namo.
name shall have perpetual succession, and may have and use a com-

Iloutc.

852 STATUTES AT LARGE

A. 1). 1873. jijQn seal, and may sue or be sued in any Court of competent juris-
diction.

Sec. 2. Such corporation is authorized to construct lines of
telegraph along, over, under and beside the Spartanburg and
Union Railroad and any of the public roads and highways,
and under and across any of the waters within the limits of this
State, or so much or so many of the foregoing as may be deemed
expedient, by establishing suitable offices and the erection of the
necessary cords or wires and fixtures, including posts, piers or abut-
ments for sustaining the cords or wires of such lines between the
termini of said railroad or any intermediate places.
Capital stock. Sec. 3. The capital Stock of such corporation shall be twenty-
eight hundred dollars, to be divided into one hundred and twelve
shares of twenty-five dollars each. Books of subscription shall be
opened to obtain the amount of stock above named by the persons
named in the first Section of this Act, at Union Court House, at
any time within one month after the approval of this Act.
Invested with gj-^^ 4 gych corporation shall have, possess and enjoy the same
conferred on rights, powcrs and privileges as are, or w'ere, held and enjoyed by
Telegraph the Continental Telegraph Companv bv and under an Act of the

Comi^any. ^1 1 . .

General Assembly of this State entitled " An Act to incorporate
the Continental Telegraph Company," approved the seventh day
of March, one thousand eight hundred and seventy-one.

Approved February 23, 1875.

No. 679. AN ACT to Incorporate the Union Buildinc and Loan As-
sociation, OF Union.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in
Corporatoi-s. General Assembly, and by the authority of the same, That B.
D. Gulp, H. L. Goss, A. H. Foster, J. N. Moore, John Rod-
ger, James B. Steadman, William jSIunro, S. M. Rice, James
Grant, A. D. Spears, F. M. Farr, John L. Young and F. H.
Counts, together with such other persons as now are, or hereafter
may be, associated with them, be, and they are hereby, declared a
corporation. body politic and corporate, for the purpose of making loans of mo-
ney, secured by mortgage on real estate or personal property,, or by

, convevance of the same to their members and stockholders, by the
Corporate - t^ -i i- it t • • »

name. name and style of the " Union Buildmg and Loan Association.

Capital stock. Sec. 2. The capital stock of said association may consist of one

thousand shares, but as soon as one hundred and fifty shares are

OF SOUTH CAllOJ.lNA. «53

subscribod thereto the said association may orj^ani/.e ami coniincncc '^- •'• ''*"•
operations ; said shares to be paiil by successive monthly instal-
ments of one dolbir on each share as long as the said assfjciation
shall continue ; the said shares to be held, transferred, assigned and
pledged, and the holders thereof to be subject to such fines, jienal-
tics and forfeitures for default in thi'ir paynionts a,s the regulations
and by- laws of the association may prescribe.

8ec. 3. That the said association shall have such number and
succession of officers and members as shall be ordained and chosen Oonerii

powers,
according to the rules and bylaws made or to be made by them for

their government, and shall have power and authority, from time
to time, and at all times, to make all such rules, regulations and
by-laws as are not repugnant to the Constitution and laws of the
land ; to have and keep a common seal, and the same to alter at
will ; to sue and be sued, implead and be impleaded in any Court
in this State; and shall have and enjoy every right and privilege
incident and belonging to corporate bodies according to the laws of
the land.

Sec. 4. That the said corporation shall have power to take, pur-
chase and hold real estate, and to sell and transfer the same, from May hold and

1 11 1 1- • 11- convey real

time to time, on such terms, and under such conditions, and subject estate.
to such regulations as may be prescribed by the rules and by-laws
of said corporation : Provided, That the real estate held by said
corporation shall not at any time exceed the value of two hundred
thousand dollars.

Sec. 5. That the funds of said corporation shall be loaned and
advanced to the members and stockholders upon the security of investment of
real and personal estate, and used in the purchase of real estate for ""^'
the benefit of its members and stockholders on such terms, and
under such conditions, and subject to such regulations as may,. from
time to time, be prescribed by the rules and by-laws of the said cor-
poration ; and it shall be lawful for the said corporation to hold
such lands, tenements, hereditaments and personal property as shall
be mortgaged or conveyed to them in good faith by way of security
upon its loans and advances, and may sell, alien or otlu-rwise
dispose of the same as they may, from time to time, deem expedi-
ent.

Sec. 6. That whenever it shall occur that the funds of the cor-
poration .sh'll remain unproductive and uncalled for, the corpora- -when may
tion shall have power to lend whatsoever amount may be thus on l.fo/i'cys""/!
hand to others than stockholders and members for such time and '"""'•
at such rates of interest as may be established by virtue of such
rules and by-laws as may bo made by said corporation.

Sec. 7. That said corporation shall have the right, out of its pro-
o6

sr)4 STATUTES AT LARGE

A. P. 1875. fjfg^ to declare and paj- seini-anmial dividends on stock held therein,

' T' .'^ 7 whether paiil up in whole or in part, according to such proportions
Dividenils. . . . . .

as its rules may establish, but no dividends shall ever be paid so as

to diminish the capital stock.

Sec. 8. That whenever the funds and assets of the said corpora-
tion shall have accumulated to such an amount that upon a fair
Division and division thereof each stockholder, for each and every share of stock
;ifiscts, held by him or her, shall have received, or be entitled to receive,

the sura of two hundred dollars, or the value thereof in property
and assets, the said corporation shall then cease and determine: Provi-
ded, however, That in case the said corporation shall not have closed
its operations and affairs as above provided for, within a shorter
period, then this Act shall not continue in force beyond ten years.

Sec. 9. That this Act shall be deemed a public Act, and be given
and received in evidence without being specially pleaded.

Approved February 23, 1875.

No. 680. AN ACT to Enable C. C. Tkacy to Apply for Admission to

THE Bar.

Be it enacted by the Senate and House of Representatives
of the State of South Carolina, now met and sitting in Gen-
C. C. Tracy eral Assembly, and by the authority of the same, That C. C. Tracy,
practice faw. '^^ a minor, under the age of twenty-one years, be, and he is hereby,
permitted to apply for admission to the bar forthwith upon the pas-
sage of this Act, and if found qualified, he shall be admitted to all
the privileges granted by Section 2, page 502, of the Revised
Statutes of South Carolina, to persons applying for permission to
practice as attorney at law.

Approved February 23, 1875.

No. 681. -A-N ACT to Extend the Time for the County School Com-
missioner OF Charleston County to Qualify.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, That the School
Commissioner of Charleston County, elected at the recent election.
Time f o r be, and he is hereby, allowed twenty days from the passage of this

II ual ill cation , , i . /.!•«> i i •

cxtcuded. Act to qualify and enter upon the duties oi his omce, ana on his
failure to qualify within the time specified, the office shall be de-

OF SOUTH CAROLINA. 800

clarcd vacniit liv the rjovrrnor, and he shall order a new election, '^- ^- '^"•'•
as i3 prescribed hy luw. ^ "

Sec. 2. That on the deniand of the saiil School Commii'sioner LntoCom-

, , . !•/• 1 • • 1 1 iniiwioner to

elect, ho havm<^ (|iiali(ii'd in pursuance with (lie provisions of Sec- turn .. v <t

1 /■ 1 • « I • 1 111 . • , , 1> « o k H a n d

tion 1 or this Act, the present incunil)ent shall turn over to hini all pupfrs.
books, papers and other matters pertaining to the office, and on his
failure to do so, he shall be doomed guilty of a misdemeanor, and
upon conviction thereof, he shall be fined in a sum not exceeding
one thousand dollars, or imprisoned not exceeding one year in the
Penitentiary, or both, at the discretion of the Court.

Sec. o. That this Act shall take effect immediately after its pass-
age.

Approved February 23, 1875.

AN ACT TO Re-Charter the Board of Directors of the No. 682,
Theological Seminary of the Synod of South Carolina
AND Georgia.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That the
charter heretofore granted to the Board of Directors of the Theo- cinrtcr re-
logical Seminary of the Synod of South Carolina and Georgia be, "''iJjcV'"'^ ''"''"
and the same is hereby, renewed and extended for twenty-one years
from the ratification of this Act, with all the powers, privileges and Powers and
conditions heretofore, by the Act of incorporation, conferred upon i"'^''''8cs.
the said body corporate, with ability, power and capacity to reccive>
hold and enjoy property, real and personal, to th^ amount of three
hundred thousand dollars.

Sec. 2. That this Act is hereby declared to be a public Act.

Approved February 23, 1875.

AN ACT TO Regulate the Practice of Dentistry and Pro- No. 683.
TECT THE People Against Empiricism in Relation Thereto,
IN THE State of South Carolina.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State ofvSouth Carolina, now met and sittiiiir in
General Assembly, and by the authority of the same. That from
and after the passage of this Act it shall be unlawful for any per- QuniifioaiioH
son or persons to engage in the practice of dentistry in the State practicJ.'"^* '"

856 STATUTES AT LARGE

A. D. isT.i. of South Carolina, unless said person or persons shall have received
*" "~ a diploma from the faculty of some dental college, duly incorpo-
rated under the laws of this or some other State of the United
States, or foreign Government, in which is annually delivered, in
good faith., a full course of lectures and instructions in dentistry,
or shall have obtained a license from a Board of Dentists, duly au-
thorized and appointed by this Act to issue such license.

Sec. 2. It shall be the duty of the South Carolina State Dental
Association, at the next annual meeting thereof after the passage of
Bonrd of this Act, to elcct a Board of Examiners, to consist of five members,
-xaminert. ^^ ^^ knowu by the title of the Board of Dental Examiners in the
State of South Carolina. The members of this Board shall, at the
Term of office, first election, be elected for terms of one, two, three, four and five
years, respectively, or until their successors shall have been elected.
And it shall be the duty of the South Carolina State Dental Associ-
ation, at each subsequent annual meeting thereof, to elect a person for
the term of five years to fill the place of the member of the Board
whose term of office shall at that time expire, and also to fill such
Vacancies, vacancies in the Board as may have occurred during the year.
And if at any regular meeting of the Board, any member or members
shall fail to be present, the South Carolina State Dental Association
may, at its discretion, declare the office of such absentee to be va-
cated, and may proceed to elect a new member or members for the
unexpired term of such person or persons, or it may elect a member
or members to fill, temporarily, the place or places of such absentees.
Organization This Board shall be ortranizett 1:)V the election of a President and a

of Board. ^

Secretary.

Sec. 3. It shall be the duty of the Board of Examiners to meet

Meetings. annually at the time and place of meeting of the South Carolina
State Dental Association, giving thirty days' notice in the public
newspapers published in not less than three diflPerent places in the

Duties. State, viz: one in Charleston, one in Columbia, and one in Green-

ville, of such annual meeting. Secondl}', to prescribe a course of
reading for those who study dentistry imder private instructions.
Thirdly, to grant a license to any applicant who shall furnish satis-
factory evidence of having graduated, and received a diploma from
any incorporated dental college in good standing with the profes-
sion, without fee, charge or examination. Fourthly, to grant licenses
to all other applicants who undergo a satisfactory examination.
Fifthly, to keep a book in which shall be registered all persons
licensed to practice dentistry in the State of South Carolina. The
expenses of said license shall be fifteen dollars, to be paid by the
licensee. And that all persons who do now hold, or may hereafter
hold, a license to practice dentistry in this State shall become a

I'r<jvi-ij.

OF SOUTH CAROLINA. 857

member of the South Carolina State Dental Association imiiic- \- ^- t*"''-
(liately upon the ()l)taiiiin'4; of naid license: Provided, He shall be
allowed to waive his rii,dit of membership.

Sec. 4. That the books so kept shall be a book of rtcoid, and a
transcript from it, certified by the officer who has it in keeping, with
the comuKjn seal, shall be evidence in any Court of the State.

Sec. 5. That three members of said Board shall constitute a quo- Quorum,
rum for the transaction of business, and should a cjuorum not be
preseut on the day ajjpointed for their meeting, those present may
adjourn from day to day until a quorum is present.

Sec. 6. That one member of said Board may grant a license to License to
an applicant to practice until the next regular meeting of the Board, p''*^'^"'''-
when he shall report the fact, at which time the temporary license
shall expire ; but such temporary license shall not be granted by a
member of the Board after the Board has rejected the applicant.

Sec. 7. That every dentist in this State be required to keep a re- Dentists to
cord of all cases treated in his practice, in accordance with a form ca^e^ treuted.
to be designated by the South Carolina State Dental Association, and
furnish his patient with a copy of the same, if so desired by the
patient.

Sec. 8. That any person who shall, in violation of this Act,
practice dentistry in the State of South Carolina for fee or reward . Penalty for

I II 1 T 1 1 ■ T violation of

shall be liable to indictment, and on conviction shall be fined not ^^t.
less than fifty or more than three hundred dollars: Provided, That
nothing in this Act shall be so construed as to prevent any person
from extracting teeth.

Sec. 9. That on trial of such indictment it shall be incumbent
on the defendant to show that he has authority under the law to
practice dentistry to exempt himself from such penalty.

Sec. 10. That all fines collected shall inure to the educational Fines,
fund of the County where the offender resides.

Sec. 11. That those who have been in the regular practice of Certain pcr-
dentistry in the State prior to the passage of this Act are exempt *''°^"«''»p'«*1-
from the provisions of the same, except Section 7 of this Act.

Sec. 12. That the South Carolina State Dental Association is
hereby made a body politic and corporate, shall have and use a Corporate
common seal, sue and be sued, plead and be impleaded, and be em- p""'*"^-
powered to make all necessary by-laws not inconsistent with the
State laws and Constitution.

Sec. 13. That this Act shall continue in force until repealed.

Approved February 28, 1875.

858 STATUTES AT LARGE

A. D. 187'). A>f ACT TO Alter and Amend the Charter of the Town

tT ^CTT of Chesterfield.

No. 684.

Section 1, Be it enacted by the Senate aud House of Repre-
sentatives of the State of South Carolina, now met aud sitting in
General Assembly, and by the authority of the same, That the
first Section of an Act entitled " An Act to incorporate the town
of Chesterfield," approved the 5th day of February, 1872, be

Corporate altered and amended to read as follows, viz : That the persons re-
luuits. '

siding within the area of three-fourths of a mile from the Court

House, in the County of Chesterfield, in the direction of east and
west from the said Court House, and including one-fourth of a mile
in the direction of north from said Court House, aud one-half of a
mile in the direction of south from said Court House, embrac-
ing an area of one aud one-half of a mile in length, east and west,
and three-fourths of a mile north and south, be, and the same are
Invested with hereby, created a body corporate, under the name of the town of
corfferred' ''on Chesterfield, with the officers the same in number, and having the
same powers and privileges, aud subject, in every respect, to the
provisions of the charter granted to the towm of Manning, by an
Act incorporating the said town of Manning, approved the iJth day
of March, 1871.

Sec. 2. That this Act shall be taken and deemed a public Act,
and shall continue in force until amended or repealed.

Sec. 3. That all Acts and parts of Acts inconsistent with this
Act be, and the same are hereby, repealed.

Approved February 23, 1875. ^

town of Man
nin

No. 685. AN ACT to Regulate the Appointment and Salary of Trial
Justices in the City of Columbia.

Section 1. Be it enacted by the Senate aud House of Representa-
tives of the State of South Carolina, now met and sitting in General
Governor to Assembly, and by the authority of the same, That the Governor do

appoint. . .

appoint, by and with the advice and consent of the Senate, four
Trial Justices for the city of Columbia, and no more, to hold their
offices for the term of two years, unless sooner removed according
Proviso. to law : Provided, That during the recess of the Senate the Gov-
ernor may appoint either one or all of said Trial Justices, to hold
their offices, unless removed by him, till the end of the next session
of the Legislature, when the appointment shall cease, unless con-
Vacancies, firmed by the Senate. If a vacancy occurs during the session of the

OF SOUTH CAROLINiV. 859

Legislature, it shall be filled only by the advice and consent of the ^- '^- ^^^'^
Senate.

Sicc. 2. That the Trial Justices appointed for the city of Colum- . Trial Ju-ticeH
bia shall reside in said city, and keep their ofHces there, which shall •■''>•
be open from day to day for the transaction of business : Provided, Proviso.
That the Trial Justices so appointed shall be commissioned by the
Governor in the followinjj; manner, to wit : One fur Ward 1, one for
Ward 2, one for Ward o and one for Ward 4 ; and shall have their of-
fices located in a central location, convenient to the people of the
wards for which they are appointed.

Sec. 3. That instead of the fees heretofore allowed by law for the Fees.
Trial Justices in the city of Columbia, they shall each be allowed a
salary of eight hundred dollars per annum, payable quarterly, on How to be
the first days of January, April, July and October, by the County ""'
Treasurer of Richland County, out of the County funds, and that
all fees taxed and recovered in criminal causes in the Courts of said
Trial Justices shall be forthwith turned over to the County Treas-
urer for the County of Richland ; and the said Trial Justices shall To make re-
make to the Judge of the Fifth Circuit a monthly report of all fees, ^'^^^'
fines and costs recovered or collected by them during the said
month.

Sec. 4. That all appointments of Trial Justices, resident within Appointments
the city of Columbia, heretofore made, shall cease and determine on luaJe lo'ceiuic*'
and after the first day of April next, and the Trial Justices pro-
vided for in this Act shall enter upon their duties upon that day.

Sec. 5. That the Trial Justices appointed for the city of Colum-
bia may each appoint two Constables, and no more, to serve the May appoint
processes of their respective Courts, removable at pleasure ; the
Constables so appointed shall receive a salary of three hundred dol-
lars per annum, to be paid at the times provided for in Section 3 of
this Act.

Sec. 6. That if either of the Trial Justices appointed for the city
of Columbia shall neglect to attend to the duties of their offices, or Failure to
shall be guilty of extortion or oppression in office, or shall fail to uJj."*^ '** '^""
I)ay over, as required by this Act, the fees and fines collected by
him in his office, he shall be liable to indictment therefor, and, on Penalty
conviction, shall be liable to imprisonment for two years, or a fine
of one thousand dollars, or both, within the discretion of the Court.

Approved February 23, 1875.

^60 STATUTES AT LARGE

No. 686.

A. D. 18-5. A]^ ACT TO Amend an Act kntitled " An Act to Incor-
porate Trustees of the Reidville High School, and to
Renew the Same."

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of Soutli Carolina, now met and sitting in
General Assembly, and by the authority of the same. That Section
2 of an Act entitled " An Act to incorporate Trustees of the Reid-
Charter ville High School " be, and the same is hereby, amended, bv

amended. ... i .. i- • i i • . i .i • i ^ "

striking out the words " limited to thirty in number, in the first
line thereof, and the words " twenty or," in the third line of said
Section.

Sec. 2. That Section 3 of the said Act be, and the same is here-
by, amended, by striking out the words " of ten each," in the first
line thereof, and by adding at the end of the said Section the fol-
lowing words, to wit : " And each class hereafter to be appointed
shall consist of five in number."

Sec. 3. That the said Act be, and the same is hereby, renewed
for the term of twenty-five years, from the date therein mentioned
for its continuance of force.

Approved February 24, 1875.

No. 687. AN ACT to Repeal an Act entitled " An Act to Authorize
the County Commissioners of Lexington County to Change
the Course of the Market Road, Known as the River
Road, in said County."

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

Aetehapcinjr and by the authority of the same, That an Act entitled "An Act

course of Mar- ,.,>-, /-, • • p -r • /-.

ket Road re- to authorize the County Commissioners or Lexington County to

peiilecl. , "

change the course of the Market Road, known as the River Road,
in said County," be, and the same is hereby, repealed.

Approved March 2, 1875.

No. 688. AN ACT to Incorporate the Town of Gaffney City, in the

County of Spartanburg.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That from

OF SOUTH CAROLINA. 861

and after the passage of this Act all citizens of this State who liave ^- ^- i""''-
resided thirty days in the town of Gafft)ey City, shall ho deemed, ,"" ^

•^ J J » > Cor|>or;it.ir».

and are hereby declared to be, a body politic and corporate, and ihe

8aid town shall be called and known by the name of Gaffney City,

and its corporate limits shall extend one-half mile from the inter- Corporate

section of Church and Grainard streets, in all direction?, and shall

include a square formed upon the extremities of lines so drawn.

Sec. 2. That said town shall be governed by an Intendant and Oflicers.
four Wardens, who shall be citizens of this State, and shall have
been residents of the said town for sixty days immediately i)re-
ceding their election, and who shall be elected by the qualified
voters of said town, on the fourth Monday in March, 1875', and on
the same day in every year thereafter, ten days' public notice Eiettors.
thereof being previously given, and that all the male inhabitants of
the age of twenty-one years, citizens of this State, who shall have
resided in the said town for sixty days immediately preceding- the
election, shall be entitled to vote for the said Intendant and War-
dens.

Sec. 3. That said corporation shall have the same powers and invested with
privileges, and be subject, in every respect, to the provisions of the conferr'eifby
charter granted to the town of Lewisville, South Carolina, by an town of Lewis"
Act entitled "An Act to incorporate the town of Lewisville, S. C," ^''"*"-
approved February 28, 1872.

Sec. 4. This Act shall be deemed a public Act, and continue in
force for the term of twenty-one years.

Approved March 3, 1875.

AN ACT TO Alter and Amend an Act entitled " An Act to Xo. 08d.
Reneav the Chauter of the Sand Bar Ferry, Across the
Savannah River," and to Fix the Rates of Toll of said
Ferry.

Section 1. Be it enacted by the Senate and House of Representa-
tives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That an Act en-
titled " An Act to renew the charter of the Sand Bar Ferry, across Ch n rtor
the Savannah River," which is certified by H. E. Ilayne, Secretary
of State, December H, 1873, to have become a law without the ap-
proval of the Governor, be, and the same is hereby, altered and
amended so as to read as follows : " That the Sand Bar Ferry across
the Savannah River be, and the same is hereby, re-chartered, with
the following rates of ferriage: For every four wheel carriage

nmcnded.

862 STATUTES AT LARGE

A. D. 1875. drawn by four or more horses, mules, oxen, or other animals, (ex-
~ "^ -~ eept stage coaches,) seventy-five cents ; for the same drawn by three
horses, mules, oxen or other animals, sixty cents ; for the same
drawn by two horses, mules, oxen or otiicr animals, forty cents ; for
the same drawn by one horse, mule, ox or other animal, thirty
cents ; for every other four wheel vehicle drawn by six or more
horses, mules, oxen or otiier animals, sixty cents ; for the same
drawn by five horses, mules, oxen or other animals, fifty cents; for
the same drawn by four horses, mules, oxen or other animals, forty
cents; for the same drawn by three horses, mules, oxen or other
animals, thirty cents ; for every two wheel carriage drawn by two
horses, mules, oxen or other animals, thirty cents ; for the same
drawn by one horse, mule, ox or other animal, twenty cents ; for
every other vehicle, twenty cents; for every person on horseback, or
leading or driving a horse or mule, ten cents ; for every lead horse
or mule, accompanied by a person on horseback, five cents ; for
every horse or mule in a drove, three cents ; for every head of cat-
tle, three cents ; for every sheep, hog or goat, two cents ; for every
animal for show, in addition to the carriage in which he may be con-
veyed, forty cents ; for every foot passenger crossing, five cents.
That all the rig'..ts, privileges and franchises incident to the said

whom'vested!" Sand Bar Ferry be, and are hereby, vested in Jonathan M. Miller,
his heirs and assigns : Provided, however, That all ministers of the
Exemptions. Qospel, voters going to and from election, children crossing and re-
crossing for the purpose of attending school, are hereby allowed to
pass free of toll over said ferry.

Penalty for un- gp-^ 2. That if auv persou shall meet with any unnecessary de-

neeessary delay •' i j j

to passengers, j^y ^t the Said Sand Bar Ferry in crossing, every such person or
persons may recover from the owners of the same the sum of ten
dollars for every hour he shall have been so unnecessarily detained,
to be recovered by civil action on application from the party or
parties aggrieved to any Trial Justice.

Sec. 3. This Act shall continue in force for the term of fourteen
years.

Approved ^March 3, 1875.

No. 690, AN ACT to Facilit.\te and Save Expenses in Appeals.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in

When state- • n ^ mi

ment of ease General Assembly, and by the authority of the same, That upon

may constitute , n >-.• i ' ft n

brief. appeals to the Supreme Court, in case the attorney for the appellant

OF SOUTH CAROLINA. 8(53

and res[)on(leiit shall agree upon a statenient of the case as prepared -^^ ^* ^''"''•
hy thenj for the hearing of the Supreme Court, such statenient of "^ '

the case shall be a sufKcient brief of the same, and no return or
other paper from the Circuit Court shall be required.

Six;. 2. That upon the transmi.s.siou of a certified copy of such Clerk on rc-
agreenient to the Clerk of the Appellate Court, within the time mcnt 'to"n[ico
now rccpured by law, lie shall place said cause on the ducket for a ot.
hearing by said Court.

Approved March 5, 1875.

AN ACT Directing the Manner in which the County Trea- No. 691.
SURER OF Pickens County shall Pay the Past Indebted-
ness OF said County.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the County Treasurer of Pick-
ens County be, and he is hereby, directed, in paying the past indebted-
ness of said County, to pav the orders drawn by the Countv Coramis- County orders
siunersoi said County according to their dates, beginning with the old- cording to date,
est first and continuing from year to year until the tax collected ex-
clusively for that purpose shall be exhausted, or until the entire debt
of said County shall be liquidated.

Approv(;d March o, 1875.

AN ACT TO Require all Trial Justices to Exhibit all No. 692.
Original Papers to the County Commissioners Before or
AT the Time said Commissioners Audit their Accounts,
AND FOR Other Purposes.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That it shall be
the duty of the County Commissioners of the several Counties of
this State, in auditing the accounts of Trial Justices, to recpiire Trial .lustieps
them to exhibit with the l)ill of costs all the original papers in each ..'riffi*iiai papers
casein which said costs have accrued, and that no bill of costs, ^JJta. ' ' "'
against any Cininty in this State, shall bo allowed by any Board of
County Commissioners unless accompanied by the original papers
in each case mentioned in the bill or account.

864 STATUTES AT LARGE

A. D. i<<7i. guc, 2. That the County Commissioners, after examining the
_ , _, orifrinal papers of any Trial Justices, shall return them tu him

County Com- o i i j

missiont-rs t o without delay.

return !• !i ni c ' _

after exainina- Sec. 3. That it shall be the right of any per>-on, before paying

any costs in any Trial Justice's Court, to demand from said Trial

TriaiJustices Justice an itemized account of such costs; said account shall be

izc*d atcouni'of receipted by the said Trial Justice at the time said costs are jiaid,

*'°^'°" and no person shall be compelled to pay any costs in any Trial

Justice's Court unless the Trial Justice shall furnish to such person

said itemized account.

Approved March o, 1875.

!No. 693. AX ACT Directing and Requiring the Pcblication of
Monthly Statements by the State Treasurer.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in
, General Assembly, and by the authority of the same, That the

State Treas- State Treasurer be, and he is hereby, directed and required, on the

tirer to publish ■' . *

monthly state- first Monday of every month after the passage of this Act, to publish,

in one daily newspaper publi.shed in the city of Columbia and in one

daily newspaper published in the city of Charleston, a statement of

all moneys received by him during the preceding mouth, from

TThattocon- whom, and on what account ; of all moneys paid out by him during

the preceding month, to whom, and on what account; and of the

balances in the Treasury to the credit of the several funds for which

taxes are levied and collected, or for which any other collections

are made.

Penalty for Sec. 2. That the neglect or failure of the State Treasurer to
neglect or
failure. comply with the direction and requirement of Section 1 of this Act

shall be deemed a misdemeanor, and on conviction thereof he shall,

for each offense, be sentenced to a fine of not less than one thousand

dollars, or to imprisonment for not less than one year, nor more

than five years, in the State Penitentiary, or both, at the discretion

of the Court.

Sec. 3. That the sum of five hundred dollars,if so much beneces-
Appropria- sary, be, and the same is hereby, appropriated to the payment of
same.** ^^^ ""^ the expenses of such publication, which shall not exceed the usual
charges of such newspapers for advertising, and the accounts thereof
shall be audited by the Comptroller General, and paid by the State
Treasurer out of any moneys collected for interest on deposits of the
public funds.

Approved March 5, 1875.

OF SOUTH CAROLINA. 865

AN ACT TO Dkclaui: AND Piiotect thk IIkjiits or Mauuikd

WOMK.N AND Cmi.DUKN, UNDKK POLICIES OF J^IFK InsUUANCE

Taken out eok Tiieiii Benefit.

Be it enacted by the Senate and House of Representatives of
the State of South Carolina, now met and sitting in General
Assembly, and by the authority of the same, That a policy of I'oiicyof in-
insuraiicc upon the life of any person which has already, or may wi'io^'.- " benefit
hereafter, be taken (nit, in which it is expressed to be for the """""■'^•
benefit of any married woman, or for the benefit of herself and
her children, or for the benefit of herself and the children of her
husband, whether procured by herself or her husband, shall inure
to the use and benefit of the person or persons for whose use and
benefit it is expressed to be taken out; and the sum or net amount
of the insurance becoming due and payable by the terras of the
policy shall be payable to the person or persons for whose use to whom

and l)oiiefit it shall be exjircssed to be taken, free and discharged p-'*^"^^"-
from the claims ol' the representatives of the husband, or of any
of his creditors, or any party or parties claiming by, through, or Notsubjcet
under him or them, or either of them : Provided, however, That creditors,
if the premium paid in any one year, out of the property or funds
of the husbiuid, shall exceed the sura of five hundred dollars, the
exemption from the claims of the creditors of the husband shall Whon snid

exemption not

not apply to so much of said premium so paid as sliall be in ex- to apply,
cess of five hundred dollars, but such excess, with the interest
thereon, or so much thereof as may be necessary, shall inure to
tiie benefit of such creditors, if any : Provided, The same be neces-
sary for their payment.

Approved March o, 1875.

AN ACT TO AuTiiouizi: the Levy of a Special Tax in York No. 095.
AND Chester Coi'nties to Retire the Bonds Issued by
.SAID Counties in Aid of the Chester and Lenoir Narrow
Gauge Railroad Company, and for Other Purposes Re-
lating Thereto.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That the
County Commissioners of York and Chester Counties are hereby
authorized and directed, annually, to levy a special tax upon all Special tux to
the taxable property of said Counties of one and one-half mills, if I'l.'est'e'r and
so much be found necessary, for the purj^ose of raising, annually, roud."^

866 STATUTES AT LARGE

A. D. 1S7"). the sum of five thousand (5,000) dullari, to be used exclusively in
paying and retiring bonds, with the coupons attached, of York
and Chester Counties, issued by the County Commissioners of said
Counties in aid of the construction of the Chester and Lenoir Nar-
row Gauge Railroad ; said levy to be made by said Commissioners
and collected by the County Treasurers of York and Chester Coun-
ties, in addition to the amouut now required and collected to pay
the annual interest accruing on said bonds.

Sec. 2. That the County Commissionera of York and Chester
Counties be required to give public notice, through the newspapers
of said Counties, for three successive weeks prior to the first day of
March of each year, naming a day as early as practicable there-
after, upou which day, at their offices in said Counties, they will
Bonds to be purchase, at the lowest prices at which they are offered, the bonds,

purchased at ^jj-j^ couDons attached, that have been issued in aid of the construe-
lowest price. I '

tion of said railroad, to the extent of the amount levied and col-
lected under this Act.

Sec. 3. It shall be the duty of the Treasurers of York and Ches-
ter Counties to pay out the amount levied and collected under the
Proceeds of first Section of this Act on or before the first day of June of each year,
ord'er^payai'ie^ upon the written order or warrant of the County Commissioners of
and ^in whose York and Chester Counties, in favor of the respective persons from
whom said County Commissioners shall have purchased bonds and
coupons attached, under the second Section of this Act.

Sec. 4. That so soon as the County Commissioners shall have
purchased the bonds with coupons attached as aforesaid, they shall,

„ „ in the presence of the Clerks of the Court of said Counties, rej'ister

County Com- . ^ . . ^. ,

missioners t o m a separate book, to be kept b\' said Commissioners, lor public in-

keep register. . , , /. i i • i /. i i <

spection, the date or purchase, the amount paid tor each bond, as

tain. °*'*'° also the number aud amount of each bond, with number of coupons

attached, and the names of persons from whom said bonds were

purchased, and so soon as said registry has been made the County

Commissioners, in the presence of said Clerks of the Court, shall

, proceed to cancel each bond, with the coupons attached, so pur-

To cancel and '^ . 111. 1 /. 1 1 1 1

deliver bonds chascd and registered, and deliver and transfer the bonds and cou-

to C 1 e r k of ° . ,/-„,, 1 /-, , •

Court. pons so purchased and registered to the Clerk of the Court, taking

his official receipt for the same, stating the number and amount of
bonds and coupons.
Clerk of Sec. 5. It shall be the duty of the Clerks of the Court for York

s'rni\nt° itg\s- and Chester Counties to provide a book, to be kept in their respec-
tive offices for public inspection, in which they shall make entries
similar to those required to be made by the County Commissioners
in refernce to the cancelled bonds and coupons aforesaid delivered
to them by said Commissioners; and said Clerks shall be held re-

regis
ter.

OF SOUTH CAROLINA. 8(J7

sponsible for the custody of said cancelled bonds and coupons afore- -^- ^*- ''*'•'•
said. ^ ^~

Skc. 6. It shall be the duty of the Trea.surer.s of York and Chea- County Tren«-
ter Counties, Upon the deniaiid of the County Comnii-ssioners of<""J><'nn to

• 1 /-I • 11- • 1 /-I - • " I County Coin-

said Counties, to deliver to said Conunit-sioners tlic coupon.s of the iiiu.-ioDcr9.
aforesaid bonds heretofore received by them, or wliich may hereaf-
ter i)e received, ujion said County Commissioners giving to said
Treasurers a receipt expressing the number and amount of said
coupons. That upon receiving said coupons said County Commis-
sioners shall register, cancel and deliver the same to the Clerks of Thesumcto
the Court, and the Clerks of the Court shall register and safely and deUvered
keep the same, as provided under the third and fourth Sections of Court. *"^ "
this Act.

Sec. 7. That this Act shall remain in force until all the bonds, Act to remain
together with the coupons, issued by the County Commissioners of bonds are re-
York and Chester Counties, in aid of the construction of the Ches-
ter and Lenoir Narrow Gauge Railroad, have been retired and can-
celled under the provisions of the foregoing Act.

Approved March 5, 1875.

AN ACT TO Repeal Chapter CXXV of the General Sta- No. 696.
TUTE.S of South Carolina Relative to the Publication of
Legal Notices.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly, chapter
and by the authority of the same, That Chanter CXXV of the ^eaiJd^
General Statutes of South Carolina be, and the same is hereby, re-
pealed.

Approved March 5, 1875.

r c -

AN ACT TO Provide for the Payment of the Past Indebted- No. 697.
NESS OF Union County.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in
General A.ssembly, and by the authority of the same. That the
County Commissioners of Union County be, and they are hereby,
authorized to apply, annually, the proceeds of two mills of the
County tax for County purposes to the payment of the past indebt- tion'^']or"''pliIJt
edness of said County until said indebtedness be satisfied : Provided, 'n^'^'^''^^^°*««'-

868 STATUTES AT LARGE

A. D. is:.-). That such paymeuti; shall he miule to the holiltfr-s of said debts pro

llow payable.

Sec. 2. That, for the purpose of making said payments, the

County Commissioners of Union County be, and they are hereby,

authorized to cause to be levied and collected, at the same time,

and in the same manner, as the general tax is levied and collected

Special tax of for the fiscal year commencing November 1st, A. D. 1875, a special

two ui i 1 I s to „ ... 1111 111 11 /» 1

meet said up- tax 01 two mills upon the dollar on all the taxable property oi the

propriation. . , ^

said County.
Approved March 8, 1875.

No. G98, AN ACT to Alter axd Amend the Code of Procedure,
BEING Title V, Part III, of the General Statutes.

ccdure amend- ' o

c<i. tutes, be, and the same is hereby, amended in the several Sections

Sub-divi<ion 1 thereof as is hereinafter provided : In Section 11 strike out sub-di-
strickenout. vision oue (1) and insert the following in place thereof: "1. Any
intermediate judgment, order or decree, involving the merits in
actions commenced in the Court of Common Pleas and General
Sessions, brought there by original process, or removed there from
Relative to any inferior Court or jurisdiction, and final iudjjmcnt in such
Supreme actions : Provided, If no appeal be taken until final judgment is
entered, the Court may, upon appeal *from such final judgment,
review any intermediate order or decree necessarily affecting the
judgment not before appealed from." In sub-division two (2) of
the same Section, after the word " trial," in the fourth line, insert
the following words : " Or when such order strikes out an answer,
or any part thereof, or any pleading in an action."
Section 41 Sec. 2. Add to Section 41 the following words: " And whenever
it shall appear to the satisfaction of any Judge of Probate that the
personal estate of any person deceased is insufficient for the pay-
ment of his debts, and all persons interested in such estate being
first summoned before him, and showing no cause to the contrary,
IIow and when such Judge of Probateshall have power to order the sale of the
Probate .Judpc j-g^j estate of such persou deceased, or of so much thereof as may

may order sale -t^ ' •'

of real estate ^>g uecessary for the payment of the debts of such deceased person,

debtor, upon such terms and in such manner as he may think best, may

grant orders of injunction to stay actions or proceedings against the

executors or administrators of such deceased person, and such other

amended.

OF SOUTH CAROLINA. 869

orders us may be necessary to secure tlic marshaling mikI iuliniiiis- ^- •' ''"'•''•

torii))^ the assets of" snch deceased person. All proceedings under

this Section to be bv summons and cotnr)laiut, wherein the time for Huw nufli pro-

•' _ _ ' _ cuctlinKH to Ijo

answering, manner of service, &c., shall conform, as near as may iumituu-'i.
be, to the form and priictice in the Courts of Common Pleas of this

Qto«,. " I" Section 52,

Oiait. •ihirty-ftlth"

8 ICC. 3. In Section r)2, Strike out the words "first Section," in j,7:".'"fir;,\''? ''""
line one, and insert in place thereof the words " thirty-fifth Section," in .St-ciion 57.
and in Section 57 strike out the words " Clerk's OHice," in the fifth \,u\,]''^"(:„urt.'"
line, and insert in place thereof the words " office of the Probate oT-rierkV'of-
Court." ^'"''•'^

Sec. 4. Strike out Section fifty-eight (58). stricken out.

Sec. 5. Strike out sub-division four (4) of Section eighty-one (81). jYv'i"^Vn"4'

Sec. (). In Section 91, add the following words, as sub-division stricken out.
sixteen : " Where more than twenty-five dollars is demanded in a nine'n'iicd"reia-
complaint, the same shall be served on the defendant twenty days, scVviliV'com-
aud where less than that sum is demanded, five days before the ''*"'"'''•
day therein fixed for trial : Provided, That if the plaintiff shall
make out that he is apprehensive of losing his debt by such delay, wiu-n process

' ' ° •' / may bo rcturn-

and the TrialJustice considers that there is good reason therefor, ">'«-' "t '^',!L^•':e-
(the ground of such apprehension being set forth in an affidavit, Justice,
and served with a copy of the complaint,) he may make such pro-
cess returnable in such time as the justice of the case may require."

Sec. 7. In Section 98, strike out the words " forty years," where inSectionte.
they occur in the fourth and eighth lines, and insert in the place ycaiV'*^ i"i<crt-
thereof the words "twenty years," and in Section 100, one hundred "forty years/'
and one, (101,) one hundred and two, (102,) one hundred and three,
(10^),) one huudrdd and four, (104,) one hundred a;id five, (105,) to]i>."i an-i loij.
and one hundred and nine, (109,) strike out the words " twenty iiKsertea' in ii'Iju
years," wherever they occur, and insert the words " ten years " in years." ^*''" *
the place thereof. In Section one hundred and eleven, (111,) strike T" s^cction ill.
out the words twenty years, in the twelfth line, and insert the in-'crtd in lieu

1 ,, >> • 1 1 (• 1 1 !• ..of "twenty

words ten years in place thereof, and on the same line strike years;'' »Uo.
out the word " ten " and insert " five " in the place thereof. of "ten."

Sec. 8. In Section one hundred and thirteen, add to sub-division Sub^livision j
two the following words : " Other than sealed notes and personal anu-niuirViii -
bonds, for the payment of money only, whereof the period of limi- oV Hmrtarionof
tation shall be the same as prescribed in the following Section." a"/ "''"^*'

Sec. 9. In Section one humlred and fifty-seven, add to sub-divi- Subdivision 4.
sion four (4) the following words: " If the said defendant is a ;ulli',l,k"i"rpil,'-'
resident of the State, but is temporarily absent therefrom, to any I/f jumnr.'ns!'"''
person over twenty-one years of age residing at the residence or
employed at the place of business of said absent person."

Sec. 10. In Section one hundred and fifty-eight, (158,) after t*ie
67

870 STATUTES AT LARGE

A. D. is:5. ^vords " post office," on line thirty-two, add the following words :
■ " In cases of minors who cannot be found within the State, the like
Section 158 Order for publication shall be made, and the summons published in
ti™e"to sorviec * newspaper to be designated in the order. In addition to the pub-
pubHc'i't'i'o"/ m I'cation so to be made, the summons and complaint shall be per-
caseoi minors, gyijally served by delivery of a copy thereof to such minor; and if
under the age of fourteen years, also to his or her father, mother or
guardian, or if there be none such, at the place of his or her resi-
dence, to any person having the care and control of such minor, or
with whom he or she shall reside, or in whose service he or she shall be
employed, unless it is made to appear to the Court or Judge that
the place of residence is not known to the party making the appli-
cation, and cannot, with reasonable diligence, be ascertained by
viceThow to*be ^^^- Proof of such personal service shall be made by affidavit of
™'^^^* the party delivering the copy summons and complaint properly

authenticated. In case of persons imi)risoned in the penitentiary.

Service of sum- ^ r i i j '

mon.^ upon per- or in the jail of any County in this State, and in case of lunatics

sons in Asylum ^ j j

or Penitcntia- confined in the Asylum, or in any other place of confinement, per-
sonal service of the summons and complaint, or other process affect-
ing the rights of such persons, shall be made by the Sheriff of the
County in which such persons shall be imprisoned or confined, with
the like proof of service as required in case of minors, and there-
upon the Judge of the Court, or the Trial Justice before whom the
action is to be tried, shall appoint some attorney or other competent
Court to ap- nerson to act as guardian ad litem for any persons so imprisoned or

point guardian ^f,,,,,-, . p , c i

ud litem. counued, who shall receive out ot the property or such persons a

reasonable compensation for services rendered in their behalf; and
the case shall proceed as in other cases of persons not under disa-
bility : Provided, That in case of persons imprisoned or confined,
as herein stated, beyond the limits of this State, service by publica-
tion shall be deemed sufficient." That the same Section shall be

** One nevrs~

pnper" insert- amended by striking out the words "two newspapers," in line

ed in lieu of , . . , , -, » • i

"two newspa- twenty-two, and inserting the words 'one newspaper in place
thereof.
Section 232 Sec. 11. That Section two hundred and thirty-two be amended
' r.!"*^"" by adding thereto the following words: " In case the plaintiff does

A\ hen party •' ° . , i , • i i •

in possession not exccute the required undertakino;, the party having possession

may retain ^ , , ^„ . , ., , , . - /> ,

property. of the property shall retain the same until the determination of the

suit."

Section 274 Sec. 12. Strike out the last sixteen words of Section two hundred
amen, e . ^^^ scventv-four and insert in place thereof the following words :

When issues " In such case the cause shall be placed on the calendar of issues of

of l;iw and fact ... ■ ,i , • i i i i /-i i

may be tried fact, and the issucs shall be tried togetlicr, unless the Court otner-

togcthcr. .

Wise direct.

OF SOUTH CAROLINA. 871

Skc. 13. That Section two huudred and Keventy-eiglit (21H) be "^- '•• '''"''•
amended by striking; out the first nine line.s thereof, beginuiug with ^

the word " at," and ending with the word " notice," and inserting Sfoiion i-Ts
in place thereof the foHowing word.s : " At any time after i.ssue, ""'"°'^^''-
and at least fourteen days before Court, the plaintiff shall file in
the Clerk's office the summons and complaint in the cau.se, endors- f^innmons nnd

' riiiiiplaint to he

ing thereon the nature of the issue and the number of the docket '"'li'' '" t'trk's

. . , ..... fiflice.

upon which the same shall be placed ; and, if the phiintiff iUil .so

to do, the defendant, seven days before the Court, may file copies

of said papers with a like endorsement, and the Clerk .-^hall there- to niiK<- cause

upon place said cause upon its appropriate docket, and it shall

stand for trial without any further notice of trial or notice of issue."

Sec. 14. Strike out Section three hundred and thirteen (313) and Section 313

,, TT 1 • 1 1 ^ 1 • /-i /• 1 stricken out.

insert: " Jbinal judgments, hereafter entered in any Court or record

in this State, shall constitute a lien upon the real estate of the iudg- '"'""' .J"'i»-

' * . iiit-nt a lien on

raent debtor in the County where the same are entered, for a period '■'^''' «^''i»te for

'' _ ' ^ * ten years.

of ten years from the date of entry of such judgments; and incases

where judgments have been obtained since the first day of March, cr(aUii»"vhcre

A. D. 1870, a like lien may be obtained by the service of a summons C'cn"'or)tiiine<l

upon the judgment debtor, or, if he be dead, upon his heirs, ex- f^^^ March i,

ecutor or administrators, to show cause, if any he or they may have,

why said judgment should not be and become a lien in accordance

with the provisions of thi.s Act ; and if no sufficient cause be shown

to the contrary, said judgment shall be and become a lien on all

the real property of the judgment debtor, in the County where

entered, for ten years from the date of the filing of such summons,

with proof of service thereof, in the office of the Clerk of the Court to be made a

of Common Pleas of the County where such judgments have been Count.v " where

entered, but no judgment shall constitute a lien on any property of '"" '''^^' '

the judgment debtor out.side of the County where the same is

entered, unless a transcript thereof is lodged in the office of the

Clerk of the Court of Common Pleas of the County where the

l)roperty of the judgment debtor may be situate; and from the date

of the filing of such transcript it shall have the same force and

effect as if the judgment had been originally entered in the County

in which said transcript is filed: Provided, liowevtr, When any

judgment has been obtained and execution issued since the first day nu'nt oiuained

of March, A. D. IH'iQ, and the said judgment or execution has now is7(\^wiuu to

a lien by reason of a levy in accordance 'with the provisions of the

Code of Procedure, then the lien of such judgment or execution

shall date from the day upon which it became a lien under the said

Code of Procedure: Provided, further, That the plaintiff in such

• 1 ^ ^ .• • ^i c. •. «• Renewal of

judgment may, at any time in three years after its active energy ju.iBinent after
has expired, renew the judgment, with like liens as in the original, .•icii'v'o energy*!

872 STATUTES AT LARGE

A. I). 1875. for a like period, by service of a summons on the debtor, as pro-
vided by law, requiring him to show cause, if any he can, at the
next Term of the Court for his County, why such judgment should
not be renewed ; and if no good cause be shown to the contrary,
then it shall be decreed that such judgment is renewed, according
to the force, form and effect of the former recovery : Provided,

Property ex- j..rr,, i-o- i i i/>i

ciupt by Con- jxirther, Ihat this bection shall not be so construed as to make nnal

stitiition not . , . ,. , , ,. i • i

a fleeted by judgment in any case a lien on the real property oi the judgment

these procecil- , , ,. , , -, ■, ^ i rt •

iiigs. debtor exempt from attachment, levy and sale under the Constitu-

tion."
Seetions3i4to ^EC. 15, Strike out Section three hundred and fourteen (314),

3 It; stricken ^'

out. three hundred and fifteen (315), and three hundred and sixteen,

Whenexecu- (^1^)» ^^^ insert, "Execution may issue upon any judgment or
uponjudgment ^^^rec, withiu three years from the entry thereof, without any
revival of the same. When levied on personal property, they shall
personal 'prop° be a Hen on such property, for the period of four months from the
months. ' ° " "^ period of such levy; and such levy may be renewed from time to
time, with like effect ; shall be made returnable in the words accord-
ing to law, and shall have active energy from the time they shall
first be lodged until the regular term of the Court from which they
were sued, which shall follow next after the full completion of five
ilowtobere- years from its lodgment, and may be renewed at any time during
the continuance of its active energy without costs; but after the
expiration of its active energy, as aforesaid, the same may be
renewed by the service of a summons on the judgment debtor, his
heirs, executors or administrators, to show cause, if any they may
have, why the same shall not be renewed ; and if no tufticient cause
be shown, the same may be renewed ; and so, from period to period,
as often as the same may be found necessary ; and whenever renewed
shall be subject to the rules herein provided."
Sheriff, ct a/., Sec. Ki. The SheriflT, Coroner or other officer with whom final
o° his act'i'on to proccss as afuresaid shall be lodged, shall, at each regular term of
at'each'^regiUar ^^c Court from which the Said execution or process was sued out,
during the continuance of its active energy, until full execution
thereof be returned, make a return to the office of the Clerk of the
Court of Common Pleas of his actings and doings thereunder. If
he shall have fully executed, lie shall return the process, with the
manner of its execution ; if he shall have partially executed, he
shall return, on oath, to the Clerk, a statement in writing, under
his hand, of such partial execution, with the reason of his failure
as to the remainder; if he shall have wholly failed to make execu-
tion he shall return, on oath, a statement in writing, under his
hand, of his failure, with the reasons; and in any event, on the
first day of the term at which the active energy of the process shall

term thereof.

OF SOUTH CAROLINA. 870

cease, as herein jn-ovidcd, he shall return the process, if the same •^- "• ''^"•'•

has nut been before returned as fully executed, and the return of

the officer made as aforesaid 8hall, for all purposes, have the same

legal efftet as if the said process had been nnide returnable to the

term succeediii!^ its first lodgment, and renewed after each sub-

secjuent regular lerni. For failure or neglect to make any of the

returns aliove mentioned, or for anv false returns, the Sheriff or „ ,. r ,

' - ' Peniilty lor

Other officer, as aforesaid, shall be subject to rule, attachment, •""''"■■'^ •^"'"'••""

' ' •' _ r e 1 11 r n !j 11 «

action, penalty and all other consequences provided by law for "'"'ve.
neglect of duty by executive or judicial officers."

Sec. 17. Strike out Section three hundred and thirty-three, and Section ;i3:5
insert in place thereof the following: "When allowed, except in
Courts of Trial Justices, costs shall be as follows: First. To the .. ^„„. ^^

' /v in o u II t o I

plaintiff, for all proceedings where judgment is obtained by default, ["(^.'^^j'" '"^ "''
fifteen dollars ; for trial of issue of fact, twenty dollars ; for trial
of issue of law, fifteen dollars. Second. To the detendant, when
judgment or verdict is found for the defendant, the same costs as
are allowed plaintiff in like cases. Third. To either party, in all
contested cases, fifteen dollars; for a coraraissiou to take testimony,
ten dollars; for the examination of a party or witnesses before trial,
five dollars; for the appointment of a guardian of an infant, ten
dollars; for making and serving a case or cases containing excep-
tions, ten dollars; for procuring an order of injunction, five dol-
lars ; to either party, on appeal to the Supreme Court, twenty dol-
lars; for argument, thirty dollars: Provided, That nothing herein
contained shall apply to suits commenced and existing at the time
of the passage of this Act, wherein the costs shall be the same as
allowed previous to the passage hereof."

Sec. 18. In Section three hundred and fifty-seven strike out the in Section 357.
words " two years," in the fifth line, and insert in the place thereof ,„„niiL'"'^^*' in-
the words " three months," and add to said Secti()n the following ^f'"-(,|^j",,„ ••
words: " No rule or order of any Court or Judge shall require the

..„,.„ ,. .1 . 1 -*i 1 ^Vhcn printinK

printing of any brief, report or other paper connected with appeals of briefs. Ac
by any i)arty to an action or proceeding who makes an affidavit, to iltiiscd with,
be filed with the Clerk of the Supreme Court, that he or she is un-
able to pay for such printing."

Sec. 19. That Section three hundred ami lifty-nine (SoO') be Section 359
stricken out; and that the first eight lines of Section three hundred
and sixty, (300,) beginning with the word "if" and ending with Section Sfio

11.1 1 J nuiendcd.

the word "appeal, be stricken out, and the following substituted

in place thereof: "A notice of appeal from a judgment directing

the payment of money shall not stay the execution of the judgment pen" not to st;iy

unless the presiding Judge before whom the judgment was obtained judgincnt,

shall grant a stay of execution ; but after notice of appeal, the

874 STATUTES AT LARGE

A. D. isT). plaintiff shall not enforce a sale of property without giving an un-
dertaking or bond to the defendant, with two good sureties, in dou-
furcin's '.'i'!ic' "u ^'^ the appraised value of the property, or doul)le the amount of
uil'f ""^'^^'^'"'^ the judgment, conditioned to pay all damages which the defendant
may sustain by reason of such sale, in case the judgment is re-
TVT » „ , versed ; nor shall the plaintiff' in such case be allowed to proceed

Not jillowcd , ' '

to sell if de- with a Sale of defendant's property, if the defendant do enter into

tendant gives i i • r i j '

security. an undertaking, with good sureties, in double the appraised value

of the said property, or the amount of the judgment, to pay the
judgment, with legal interest, and all costs and damages which the
plaintiff" may sustain by reason of the appeal, or produce the pro-
perty levied on, and submit to the sale, in case the judgment be
^ . ^^, confirmed." In Section three hundred and sixty-four, strike out

Section 364 . j '

amended. the followjug words : " whenever an appeal is perfected, as provided

by," and insert in place thereof " whenever the defendant executes the

bond hereinbefore prescribed, or the appeal is perfected as provided

Section 365 ^Y-" I^ Section three hundred and sixty-five, strike out the words

amcnce . " three hundred and fifty-nine," in the first and second lines. In Sec-

••"oAu'erk"' in- tion three hundred and sixty-six, after the word "Judge," in the fifth

line, insert the words " or Clerk." In Section three hundred and

Section 367 sixty-seven, strike out the words " the perfecting of an appeal by

amended. .."',' , . . , . ^^ . ° , |* ^

giving the undertaking mentioned in Section three hundred and
fifty-nine," and insert in place thereof the words " the notice of
appeal."
Section 371 Sec. 20. That Section three hundred and seventy-one ("371") be

amended. . . . _ j v y

amended by striking out all of said Section after the words "Clerk of

the Appellate Court," in the tenth line thereof, and substituting a

period for the semi-colon. And that Section three hundred and

Sections372to seventy-two (372), three hundred and seventy-three (373), three

3/0 stricken out - ^- ^' - ^ '"

hundred and seventy-four (374,) and three hundred and seventy-five
(375), be stricken out. That Section three hundred and seveuty-
nm'endcd reia- scvcu (377) be amended by striking out the words "but no Justice
ment of feus to of the Peace shall be bound to make a return, unless the fees pre-
scribed by the last Section of this Chapter be paid on the service
of the notice of appeal,'' on the fifth, sixth and seventh lines.
Section 383 That Section three hundred and eighty- three (383) be amended by
th-e'to Habiiu' Striking out the words " and if the party making such offer shall
of party exe- Jiave given an undertaking upon the appeal, the parties executing
taking. such undertaking shall be liable thereon for the payment of the

judgment entered by virtue of said oflTer, beginning on line thirteen
and ending on line sixteen of subdivision fiveof said Section. That
Section 388 Section three hundred and eighty-eight (388) be amended by

a m emled — un- o j o \ ^ ^ j

dcrtaking to striking out the words "and no undertaking, given to stay exe-

5tay execution. " „ ,

cution, shall be enforced for more than the amounts of the cor-

OF SOUTH CAROLINA. 875

rected judgments," on lines sixteen, seventeen and eighteen ; also, ■^- ''• '''"''•
by striking out the words "he shall be allowed to tax, as part "*"

thereof, the costs and fees paid to the Trial Justice on making the
appeal, as disbursements, in addition to the costs in the Appellate " Trial .Tun-
Court," in the thirtieth, thirty-first and thirty-second lines. Strike i'n*' i i'"u "^o'f
out the words "Court below," in the fifty-sixth line, and insert the low"""'^' '''
words " Trial Justice."

Sec. 21. That after the passage of this Act no iutlfrtnent shall be t i .1
obtained in the Court of Common Pleas, except during Term time •■''","''''• . ""'v

' ' ° (luriiiK term

and in open Court, and it shall be the duty of the Clerk to place i'""^-

all cases filed in his ofiice, in which there is no defense, upon a

docket, to be prepared by him ior the purpose, to be known as

Docket Number Six (G), and they shall be called on the first day i'pp<;i"i 'lock-
'' •' •' Lt— whfii to be

of tlie terra, and tiie order for judgment shall be endorsed on the L'liied.

complaint and signed by the presiding Judge, and no execution
shall be signed on judgments obtained by default in any other man-
ner than is herein provided.

. Approved March 8, 1875.

niucndud.

AN ACT TO Amend AN Act entitled "An Act to Incorpo- No. G99.

RATE THE CAROLINA SAVINGS BanK OF CHARLESTON."

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the Act entitled "An Act
to incorporate the Carolina Savings Bank of Charleston," approved c h n rt c r
March 10, 1874, be so amended that the said corporation, the Caro-
lina Savings Bank of Charleston, and its branches, in addition to
the powers conferred by the said Act, with a view to aiding and
developing the agricultural interests of the State, shall have full
power and authority to make advances to planters and others, to be '«""■ »» Ijo se-
secured by liens upon personal property, mortgages of real estate,
bonds and promissory notes, and, also, to buy and sell foreign and
domestic exchanges, and to lend money on the pledge of gold or
silver, bonds, notes, or bills of exchange.

Approved March 9, 1875.

Advnnces —

876 STATUTES AT LARGE

A. I). 1ST.-., ^j^ ACT TO Amend an Act kntitled " An Act to Incor-

■i^^r^~^C!^ roRATE the Edgefield Cotton and Woolen Manufactur-
No. 700. ^

iNG Company.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That the
aincuded.'^ ^^ title of Said Act be amended, by striking out the words "cotton
and woolen," so that it will read " An Act to incorporate the
Edgefield Manufacturing Company."

Sec. 2. That Section 1 of an Act entitled " An Act to incor-
porate the Edgefield Cotton and Woolen Manufacturing Company,"
approved February 27, 1873, be, and the same is hereby, amended
by striking out, after the Mord " Edgefield," occurring on the
ninth line thereof, the following : " Cotton and AVoolen Manu-
facturing Company, for the purpose of manufacturing and finishing
all goods of which cotton or wool may form a part, as well as all
machinery used for such purposes," and inserting in lieu thereof

the following: " Manufacturing Company, for the purpose of grind-
Objects of cor- . ... If/. -If J
poration. mg grain, ginning cotton, the nianuiacture or oils irom cotton seed,

or the mauufi\cture of cotton or woolen goods, as well as all

machinery used for such and like purposes."

Mny increase Sec. 3. That Section 1 of said Act be amended by the addition

of the words " with the privilege of increasing said capital to a

sura not exceeding six hundred thousand dollars."

Approved March 9, 1875.

No. 701. AN ACT to Incorporate the Middle Street Sullivan's

Island Railway Company.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That Bernard
Corporators. O'JSeil, William Knobloch, L. Sherfessee, Bernard Boyd, W. F.
Gleason, Edward Burke, M. P. O'Connor, A. Melchers, A. St.
Amaud, H. E. Hayne, C. O. Witte, James Cosgrove, A. J. Ransier,
William Moran, John Boyd, A. S. Johnston, William J. Gayer,
Oscar Aichel, F. W. Wagener, John H. Devereaux, J. B. Patrick,
F. L. Cardozo, W. R. Jervay, James Cantwell. J. L. Tobias, P.
Brady, B. Callahan, R. S. Cathcart, George S. Pelzer, P. Tecklen-
burg, W. Y. Leitch, Ed. Daly, J. H. Murray, J. B. Howard, and
their associates, be, and they are hereby declared to be, a body
name. corporate, under the name and style of the Middle Street Sullivan's

OF SOUTH CAROLINA. 877

Island Kailwiiy Company, with full j)o\ver ami aiitliorily to con- ^•^- ''•^■'j

struct a railroad from any ])oint or ])()iiits near tlic sleainljoat land-

hig on Sullivan's Island, tlirougli Middle Street, as now defined,

throughout the length of the Island to the eastern extremity

thereof.

Sko. 2. That the capital stock of the said Company shall he

1 ' • Ciiintal slock.

twenty-five thousand dollars, in shares of fifty dollars each, and the
said Company may commence the work of huilding said road as
soon as two thousand dollars of the capital shall have been paid in
cash.

Sec. 3. The said Railroad Company shall have full power and
authority to construct their road along the present Middle Street to Lino of road,
its terminus, and through any continuation of Middle Street, by
whatever other name called, from the present boundary, to the
extreme end of the Island.

Sec. 4. The stockholders of the sai(^^ Company shall only be Liiihiiity of
liable to the amount of their respective share or shares of stock in stoekLoidcrs.
said Company for all its debts and liabilities, upon notes or other-
wise.

Sec. 5. The said Company shall have the right to enforce pay- j.^ji'^n en {""of
ment of subscription to the capital stock by suit, or by sale of the subscnpnons.
shares of the delinquent stockholder, applying the proceeds to the
payment of whatever sum may be due and owing by the delinquent
stockholder, with the right of recovery against him, personally, for
any deficiency that may exist after application of the proceeds of
sale.

Sec. 6. The said Company shall have the right to sue and be ^^"^' '"*"• '^■•'•
sued, plead and be impleaded, the same as all other corporations.

Sec. 7. The corporators named in this Act, with such others as commission-
they may elect to associate with them, are empowered to name two byfoks^oi' "sub"
Commissioners from their number to open books of subscription to '-■r'Pi'o^-
the capital stock of said Company.

Sec. 8. This Act shall be deemed a public Act, and shall con-
tinue in force for twenty-one years : Provided, That the said rail-
way shall be commenced within two years, and completed within
five years from the passage of this Act.

Approved March U, 1875.

AN'^ACT Relative to State Officeks and Offices. ^^- '^-'

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That during

Office hours.

878 STATUTES AT LARGE

A. D. 1875. tj^e sessions of the General As.senihly the following State officer.^,
viz : The Secretary of State, the Comptroller General, the Attorney
General, the State Treasurer, the State Superintendent of Edu-
cation, the Adjutant and Inspector General, and State Lilirarian,
shall keep open and attend to their respective offices from *J o'clock
in the morning until 3 o'clock iu the afternoon on every day,
Sunday.s and general holidays excepted.

Sec. 2. That all Acts or parts of Acts inconsistent with the pro-
visions of this Act, for the purposes of this Act, be, and the same
are hereby, repealed.

Approved March 9, 1875.

No. 703. AN ACT to Empower Mechanics to Sell Property left
WITH them for Repairs after One Year.

Section 1. Be it enacted by the Senate and House of Representa-
tives of the State of South Carolina, now met and sitting in General
Assembly, and by the authority of the same: That from and after
When and l)y the passage of this Act it shall be lawful lor any mechanic, or me-
leA^for'^'rupair chauics, in this State, when property may be left at their shop for
may e sold, j-gpair, to Sell the same, at public outcry, to the highest bidder, after
the expiration of one year from the time such property shall have
been repaired ; and the same shall be sold by any Trial Justice of
the County in which the work was done : Provided, That the said
Trial Justice shall, before selling such property, advertise the same,
for at least ten days, by posting a notice iu three of the most con-
spicuous places in his township. And he shall, after deducting all
proper costs and commissions, pay to the claimant, or claimants, the
money due to him, or them, taking his, or their, receipt for the
same ; after which he shall deposit the said receipt, as well as the
items of costs and commissions, with the remainder of money or
To deposit proceeds of the sale, in the office of the Clerk of the Court, subject
Oierk"of Court! to the order of the owner or owners thereof, or his or their legal rep-
resentatives.

Sec. 2. That the Trial Justice who shall sell such property shall
Commissions be entitled to receive the same commissions as are now allowed by
law for the sale of personal property by Constables.

Sec. 3. That all Acts or parts of Acts inconsistent with the pro-
visions of this Act be, and the same are hereby, repealed.

Approved March 9, 1875.

OF SOUTH CAROLINA. 879

AN ACT TO iNCORroRATE THE Street Railway Company of ■*• ^' '^"•

THE City of Gueknvilli;, vT^^CTT

No. (04.

Section 1. Be It enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, Tiiat Samuel
Stradley, William Ij. Mauldlin, V. K. ]\IcBeo, James P. Moore, Corporators.
Thomas C. Gower, Franklin Coxe, William E. Earle, and all other
persons who may become associated with them, be, and they are
hereby, declared a body politic and corporate, under the name and
style of the "Street Railway Company of the city of Greenville, c.,ri.oriitc
S. C," and by that title shall have power to take, subscribe and
raise a capital stock to the amount of twenty-five thousand dollars. Capital stock,
if so much be necessary, in shares of twenty-five dollars each, for
the purposes contemplated, with power to increase the said capital
to the further sum of fifty thousand dollars, if found necessary: Pro-
vided, That such increase be assented to by a majority, in value, of
the stockholders, who shall be notified in two of the public papers
of the city of Greenville, of a meeting to be held for that purpose.

Sec. 2. That said Street Railway Company shall have power and
authority, subject, as is hereinafter provided, to the Ordinances,
authority and supervision of the City Council of Greenville relative
thereto, to lay railway tracks through and along the streets within Lino of road,
the corporate limits of the city of Greenville, and to use and employ
upon such railway tracks sufficient and suitable carriages or cars, to
be drawn by horses or animal power, for the transportation of
passengers and freight, upon such rates as shall be fixed l)y the said
company, and approved by the said City Council, and for this pur-
pose shall have all the authority and power necessary to carry the
same into efi'ect.

Sec. .3. That the said company shall be able and capable, by its
corporate name, to buy property and to sell the same for the pur- Gcucralpow-
poses of its business; to sue and be sued, plead and be impleaded,
answer and be answered unto, in any Court of law or ecjuity in this
State; to have succession of officers and members, and shall have
power to make by-laws, not repugnant to the laws of the land, for
the government and gfiod order of its members, as shall be deemed
expedient by a majority of the stockholders, and to liave a common
seal, and to alter and make new the same.

Sec. 4. That the said Railway Company, beibre laying any rail-
way tracks for the purpose of running cars thereon, in any street or
streets in the city of Greenville, shall fully and formally submit Plans, .to., to
their plan or plans, designating the street or streets on wnicli Iney chy Council of
propose to construct a railway, to the municipal authorities of said

880 STATUTES AT LARGE

A. D. 1875. city for their approval; and that all the works along and through
^ the streets of said city be under the authority, supervision and

arrangement of the corporate authorities of the city of Greenville,
Road to hy subject to such provisions, contracts, Ordinances and restrictions as
puporvisioii, they may deem advisable for the general welfare and due protec-
tion of the public and private right-*, as also for the protection of
the property and rights of said company.

Sec. 5. That said Railway Company shall have power and
May issue authority to issue bonds to an amount not exceeding twenty-five
thousand dollars, the same to be redeemed at such time, not exceed-
ing twenty years, as may be agreed upon by said company, and to
bear interest at the rate of seven per cent, per annum, payable
semi-annually.

Sec. 6. That this Act shall remain in force and continue for the
period of twenty-one years, and thereafter until rej)ealed: Provided,
Said Street Railway be completed within six years from the passage
of this Act; otherwise the rights, privileges and franchises herein
granted shall cease and determine at the expiration of the last
named period.

Approved March 9, 1875.

No. 705. AN ACT to Change the Names of Jacob B. Koon and Au-
gusta C. KooN, Children of Mary A. Koon, of Lexington
County, to that of Jacob B. Rawls and Augusta C-
Rawls, and to Legitimize them as the Children of
Barnett H. Rawls, of the same County.

Section L Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That the
children begotten of the body of Mary A. Koon, of Lexington
Jacob B. and County, called by the names of Jacob B. Koon and Augusta C.
Koon, names Koon, be, and they are hereby, invested with all the rights and
kiiwis.^^ privileges of legitimate children of Barnett H. Rawls, in the same
Legitimized, jjj^nner, and to the same extent, as if they had been born in lawful
wedlock, and that they shall hereafter be called and known by the
names of Jacob B. Rawls and Augusta C. Rawls.

Sec. 2. All Acts or parts of Acts conflicting with the provisions
of this Act are hereby repealed.

Approved March 9, 1875.

OF SOUTH CAROLINA. 881

AN ACT TO YiisT Certain Rral Estatk in the City of Colum- a. d. is:.-,.

liiA, Liable to Escheat, in Solomon Aumann. ~ v— — '

No. 70H.

AVhereas Sophia Aiiniuiui, otlicrwi.^e known us Rose Le Grand, prcmnbie.
late of the city ofCohimbia, and County of Richland, was, at the
time of her death, seizod and possessed of certain real estate in said
city of Columbia, acquired by purchase, described as a lot of land
in i^aid city, on the southwestern corner of Gates and Lady streets,
nicasurinj^ seveuty-two feet front on Gates street, and running west
on Lady street one hundred and fifty-seven feet ; and the said So-
phia Aumann, in and by her last will and testament, duly executed
and admitted to probate, devised all her real estate to her son, Solo-
mon Aumann, now of the town of Hamburg, Germany ; and,
whereas, it is now questioned whether said lot of land may not be
liable to be proceeded against as escheated property, by reason of
the alienage of said Sophia Aumann and Solomon Aumann ; and,
whereas, by an Act of the General Assembly, ratified the lOih De-
cember, 1816, the escheated property which had then, or might
thereafter, become the property of the State, in Richland District,
not exceeding the sum of five thousand dollars, was granted to the
Trustees of the Columbia Academy, for the use of the Female
Academy ; and, whereas, the said Trustees of the Columbia
Academy, by resolution, passed on the second day of February,
A. D. 1S75, have released and relinquished all their right or claim
to said property, in favor of said devisee, Solomon Aumann ; now,
therefore.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly, Title of >;uite

, , , , . ,. , „,, ,, . , , . . , , in certain Innds

and by the authority ot the same, Ihat all right, claim, title and vested in Soio-

/. 1 o * /• r< 1 /-< T • 1 1 ■ 1 1 (• 1 1 inon Auinann.

interest or the State oi South Carolina, in and to the said lot or land
above described, be, and the same is hereby, released to, and vested
in, the said Solomon Aumauu.

Approved March 9, 1875.

AN ACT TO ArriioiuzE and Rkcjuire the County Commis- No. 707.
sioNEKs OF Daklin(;ton County to Levy a Special Tax,
and for Otiiek Purposes.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, new mot and sitting in
General Assembly, and by the authority of the same, That the
County Commissioners of Darlington County are hereby authorized
and rccjuired to continue to levy and cause to be collected a special

882 STATUTES AT LARGE

A. D. 187'>. tax of two mills on the dollar of the value of the taxable

property of the said County, for the fiscal year comraeucing

forpiijitinaubt- November 1, 1<S75, the said tax to be applied exclusively to the

edness. ■ > t i i ^ ^ ^

settlement of the past indebtedness of the said County, as herein
provided, and a similar tax in each succeeding year thereafter, for
the same purpose, until such indebtedness shall be fully paid :
Provided, That all persons holding claims against the said County

Claims to be which have not already been registered at the County Commis-
sioners' office shall be, and are hereby, required to file a list of the
same, with the amounts and dates thereof, in the office of the
County Commissioners, within ninety days after the passage of this

Notice to be Act : Provided, further, That due notice shall be given, by pub-
Riven 0 regis- jj^j^j-Jq^ j^ q^q ^j, n^Qj-g newspapers of the County, to be at least
three issues thereof, of the opening of a book of registry for such
purpose by the County Commissioners.

Sec. 2. That the County Treasurer of Darlington County shall
devote the proceeds of such special tax to the payment of all
claims registered as hereinbefore provided, and should the amount
of such special tax collected in the first year after the passage of
this Act be insufficient to pay the entire indebtedness of the said

"WhenTrcas- County, then the County Treasurer of said County shall pay out
urer to pay ^j^g same pro rata, and continue the same from year to year, until

claims pro rata i ' j j ■ ^

the whole amount of such indebtedness shall have been paid,
endorsing each partial payment on each claim presented, which
shall have the word " registered," with the date of registering
written across the face of the same, in red ink, over the signature
of the Clerk of the Board of County Commissioners, and the
Claimants to party receiving such partial payment shall receipt to said Treasurer
tfaf payme^nts' for each partial payment, the said receipt to be kept and filed by
said Treasurer, as his voucher.

Sec. 3. That when the final payment upon each claim shall have
When claim been made, final payment shall be endorsed upon such claim, and
to eta en up. ^^^ ^^.^ claim shall be taken by the County Treasurer, in addition
to the receipt for such final payment, from the party receiving such
Disposition payment, and the said Treasurer shall return the same to the
samel """ ® " County Commissioners of Darlington County, which shall be kept
on file in their office, with the papers to be known as " the Dar-
lington County debt papers."'
„ . y , Sec. 4. That the proceeds of a special tax which the Countv

Special tax * ' . •

for present fis- Commissioners of Darlington Countv have levied and caused to be

cal year, how '^ n " n ^ i- -kt

to be distribu- collected, by authority of law, for the fiscal year ending November
1, 1874, shall be distributed and paid upon the claims already
registered, as herein provided by the County Treasurer, in the
manner set forth in Section 2 of this Act.

OF SOUTH CAROLINA. 883

Sec. 5. That all Acts or parts of Acts inconsistent with the pro- A. I>. l«75.
visions of this Act are, for the jjurposes of this Act, hereby
repealed.

Approved March 5), 1875.

AN ACT TO Amend an Act Entitled " An Act to Incorpo- No. 708.

RATE THE ToWN OF BlACKSTOCK."

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assennbly,
and by the authority of the same, That Section 1 of an Act enti-
tled "An Act to incorporate the town of Blackstock," approved, "Pne-quar-

r '^' . tcr inserted in

February 22, 1873, be, and the same is hereby, amended, by strik- ''••}» of "o^e-

j 1 > > ^ . . half.

ing out the words " one-half," occurring on the eighth line thereof,
and inserting in lieu thereof the words " one-quarter."
Approved, March 10, 1875.

AN ACT TO Permit the County Commissioners of Lexing- No. 709.
TON County to Pay, out op Taxes Collected for the Pres-
ent Fiscal Year, the Claims Against said County for
Preceding Fiscal Years, which have been Audited and
Ordered Paid, but which Remain Unpaid.

Whereas it appears by the reports of the Board of County Cora- Preamble,
itiissioners of Lexington County, that accounts against the County
for fiscal years previous to the last, amounting to the sum of one
hundred and forty dollars, which have been audited and ordered
to be paid, but which still remain outstanding and unpaid ; and
whereas it appears by the same report that there is an unex-
pended balance of the taxes collected for the last fiscal year in the
hands of the County Treasurer of said County, amounting to sixty-
eight dollars and forty-four cents ; therefore,

Section 1. Be it enacted by the Senate and House of Representa-
tives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That the County
Commissioners of Lexington County be, and they are hereby,
authorized and empowered to draw their warrants upon the County County Com-

, . . , J 11 * nii:i.sioners to

Treasurer of said County for the said balance of sixtv-eight dollars .imw warrants
and Jorty-four cents, the same to be applied to the payment or the no<'i>unt.«ofpre-
claims so audited, anri now outstanding and unpaid as atoresaid, year.
and that for the payment of the balance due on said claims, to wit:

884 STATUTES AT LARGE

A. D. 1875. Seventy-one dollars and fifty-six cents, the said County Commis-

'^ '~ siouers are hereby authorized and empowered to draw their warrants

CountyTrons- upon the Said County Treasurer, who is hereby authorized to pay

uror t o J) 11 y *. •' ' \ .

snuie- said warrants, first by applying thereto the said balance of sixty-

eighty dollars and forty-four cents remaining in his hands and un-
expended for the last year, and the remainder out of any taxes col-
lected for the present fiscal year.

Sec. 2. That said County Commissioners and County Treasurer,
in the discharge of the powers conferred on theni by this Act, are

Relieved from hereby relieved from all the pains and penalties which might attach

penalties im- . . • i i » » i i

posed by cer- under the provisions of an Act entitled An Act to regulate the
manner in which public funds shall be disbursed by public officers,"
approved March 19, 1874.
Approved starch 10, 1875.

No. 710. AN ACT to Make Approimuatioxs to Meet the Ordinary
Expenses of the State Government for the Fiscal Year
Commencing November 1, 1874.

Section 1. Beit enacted by the Senate and House of Representa-
tives of the State of South Carolina, now met and sitting in General
Assembly, and by the authority of the same, That the following
Appropria- sums, if SO much be necessary, be, and they are hereby, appropriated
ries\n'd ^con- ^° *^^ objects herein named, out of the proceeds of the tax of one
tingents. ^qJ ^ quarter mills, levied in pursuance of Section 1 of an Act en-

titled " An Act to raise supplies for the fiscal year commencing
November 1, 1874," that is to say :
Salaries Ex- 1. For the salary of the Governor, thirty-five hundred dollars; for
the salary of the Governor's Private Secretary, two thousand dol-
lars; for the salary of the Governor's ^lesseuger, five hundred dol-
S alary of Jars. 2. For the salary of the Lieutenant Governor, twenty-five hun-

Lieutenant -' •'

Governor. clred dollars. 3. For the salary of the Secretary of State, three thou-

ftecretary of no

State's office, sand dollars; for the salary of the Clerk of the Secretary of State,
Comptroller- fifteen hundred dollars. 4. For the salary of the Comptroller General,

General's oBice , i ,, ^ i i ^ , /-,i i /> i .-,

three thousand dollars; tor the salary of the Clerk or the Comp-
troller General, fifteen hundred dollars; for the salary of the Rook-
keeper of the Comptroller General, fifteen hundred dollars. 5.

Treasury of- For the salary of the State Treasurer, twenty-five hundred dollars;
for the salary of the Chief Clerk of the State Treasurer, eighteen
hundred dollars; for the salary of the Book-keeper of the State

Adjutant and Treasurer, fifteen hundred dollars. (>. For the salary of the Ad-

erafs office.*^"" ju taut and Inspector General, twenty-five hundred dollars; for

the salary of the Clerk of the Adjutant and Inspector General,

OF SOUTH CAUOLINA. .s^o

twelve lumdred dollars. 7. For the salary of (licState Siipfrintuiidcut '^- •»• '^■"••
of luhication, twc'iity-Hve hundred dollars; for the salary of the "j — ^ — '
Clerk of the State Siii)criiitendent of Education, one thousand dol- inu'Ini on''t'T.'r
larn. 8. For the .salary of the Attorney (Joneral, three thousand dol- S"-'"'*"""*"'-
lars; for the salary of the Clerk of the Attorney General one thou- r. ^^^? ■■"?>■
sand dollars. 9. I or the salary of the Chief Justice of the Supreme .s.hiricH. Ac
Court, four thousand dollars; for the salaries of two Associate Jus- CouTi.' """ '" *""
tices, seven thousand dollars; for the Clerk of the Supreme Court,
who shall i)erform the duties of Librarian of said Court, fifteen
hiuidred dollars; for the State Reporter, fifteen hundred dollars ;
for an attendant upon the Library and rooms of the Supreme
Court, (said attendant to be ajjpointed by and removable at the
pleasure of said Court,) three hundred dollars ; for the purchase of
books for the Library of the Supreme Court, five hundred dollars,
to he paid on the order of the Chief Justice. 10. For the salaries of Circuit .i„,ig.,-
the eight Circuit Judges, twenty-eight thousand dollars; for jj^g ^""^ ■'^"''^■»'"^''-
salary of the Judge of the Inferior Court of Charleston County, six
hundred and twenty-five dollars ; for the salaries of the eight Circuit
Solicitors, eight thousand dollars. 11. For the salary of the Keeper stato Libr.-
of the State House and Stitte Librarian, one thousand dollars- for •"ioian-i w.uch-
the salaries of the two watchmen of the State House and Grounds, """'''^^•
six hundred dollars each. 12. For the salary of the Superintendent of Supcrinton-
the State Lunatic Asylum, twenty-five hundred dollars; for the lurn'ma iVm-
salary of the Superintendent of the State Penitentiary, two thou- *''"^'"''^'-
sand dollars; for the salary of the Physician of the State
Penitentiary, five hundred dollars. 13. For the salaries of the Cunty AuJi-
Ccunty Auditors, thirty-nine thousand seven hundi-ed and ''"^''
fifty dollars ; for additional compensation allowed County Audi-
tors, from March 1!), 1,S74, to October 31, 1874, inclusive, four
thousand seven hundred and eighty dollars and seventy-five cents ;
for the Clerk of the Auditor of Charleston County, one thousand
dollars ; for the paintings of Abraham Lincoln and Charles Sumner, Pictures of
as authorized by the General Assembly, at its session of 1873-74, imnnor' " "'"'
five thousand dollars, the same to be paid by the State Treasurer to
the holder of the receipt of the said Treasurer fbr Joint Legislative
pay certificate No. 80, which was issued by authority of the General
Assembly during the session of 1 .S73-74. 14. For the salaries of the s.hooi Com-
County School Commissioners, thirty-two thousand two hundred »''-""''""-''^-
dollars. 15. For the salaries of the Health Ofiieers, five thousand one "e.itl, oni-
hundred dollars; for expenses of maintaining quarantine, two thou- ''*"^- *'•
sand dollars ; for the salary of the Keeper of the Lazaretto, four
hundred dollars. l(i. For the contingent fund of the CJovernor, three rontingent
thousand dollars; for the contingent fund of the State Treasurer, *"""''•
live hundred dollars; for the contingent fund of the Soer-tary of
58

886 STATUTES AT LARGE

A.D. IST'). State, five hundred dullars ; for tlic contingent fund of the Supcria-
' tendent of Education, iivf^ hundred dollars; ibr the contingent fund

of the Comptroller General, five hundred dollars ; for the contingent
fund of the Attorney General, five hundred dollars ; for the contin-
gent fund of the Adjutant and Inspector General, five hundred
dollars; for the contingent fund of the State Librarian, two hundred
and fifty dollars ; for the contingent expenses of the Supreme Court,
five hundred dollars ; for expenses of litigation in the Attorney
General's office, to be paid upon the warrant of the Comptroller
General on application of the Attorney General, seven thousand five
Expenses of hundred dollars. 17. For expenses incurred under an Act to retluce
uming. ^^^ volume of the public debt and provide for the payment of the

same, approved December 22, 1873, twenty five hundred dollars, to
be disbursed under the direction of the State Treasurer ; for printing
^mjjtQ^jj^j books and blanks for County Treasurers and Auditors, and other
books^^^and P'^pcrs nccessavy to the collection of taxes, six thousand dollars, to
blanks. i^g disbursed on the order of the Comptroller General, who is hereby

authorized and required to advertise in one or more newspapers iu
each of the cities of Charleston and Columbia for proposals for iur-

Contraet to be . • i i i i i i i i i i i

awarded to mshing the said books, blanks and other papers, and to award the

lowest bidder. in ii -iii-ii /> ••

contract tnereior to the lowest responsible bidder ; tor printing
School blanks, blank forms ior Free Common Schools, one thousand dollars, to be
disbursed on the order of the State Superintendent of Education ;
Election ex- for expenses of general election, 1874, fifteen thousand dollars, to be
penses. ^^jj ^^^,^ ^^^^^ among the difieieut Ccmnties ; for repairing and keeping

Repairing iu good Condition the State arras and Armory, five hundred dollars,
to be paid upon the warrant of the Comptroller General, on the ap-
piicatiou of the Adjutant General.
Appropria- Sec. 2. That the following sums, if so much be necessary, be, and
institiit[ons.^ * they are hereby, appropriated, to be paid pro rata to the objects
herein named out of the proceeds of the tax of one and a quarter
mills levied iu pursuance ot Section 2 of the Act recite<l in Section
Support and One (] ) hereof, that is to say : 1, For the construction and support of
PenUentkry,^'^ t-^e State Penitentiary, forty thousand dollars, of which sum thirteen
thousand four hundred and sixty dollars shall be used for the
payment of the guards and employees, and one thousand dollars for
ex|)enses of transportation and clothing of discharged convicts, to be
paid on the warrant of the Comptroller General, on the application
Support of of the Superintendent, approved by the Board of Directors. 2. For the
lum. support of the State Lunatic Asylum, seventy-five thousand dollars,

to be paid on the warrant of the Comptroller General, on the appli-
cation of the Superintendent, approved by the Board of liegents,
ten thousand dollars of which shall be used for payment of the em-
ployees of the Asylum for the previous year: Provided, further,

OF SOUTH CAROLINA. 887

That fifteen tliousniHl dollars of wliich, if so niuoh he necegsary, he •'^•T>- i"^"'-
exclusively applied to the payment of salaries and wages <jf em- "^

ployeesof'said institution forthe fiscal yearcommencing Novemherl,

1874. 3. Forthe supportoftheStateOrphan Asylum, fifteen thousand Stnto Orphan

' ' ' . Asylum,

dollars, to be paid in accordanca with the law estahlishing the same.

4, For the Catawba Indians, eight hundred dollars, payable on the Catawba In-

, 11^^ 1 ... nil r JiuUB.

warrant or tiie Comptroller Ceneral, on application ot the Agent. 5.

For the support of tlic University of South Carolina, forty-three thou- South CnroHno

• IT n i V c Ti? i t V

san<l two hundred and fifty dollars, to be used as follows : For the
salaries of Professors, twenty -one thousand four hundred and fifty
dollars, as follows : For the salary of the Librarian, Treasurer, &c.,
fif een hundred dollars ; for the Professor of Natural and Mechanical
Philosophy and Astronomy, two thousand dollars; for the Professor
of Mathematics and Civil and Military Engineering, two thousand
dollars; for the Professor of Ilistory, Political Philosophy and Po-
litical Economy, two thousand dollars ; for the Professor of Rhetoric,
Mineralogy and Geology, two thousand dollars ; for the Professor of
Criticism, Elocution and English Language and Literature, two
thousand dollars ; for the Professor of Chemistry, Pharmacy,
of Ancient Languages and Literature, two thousand dollars ; for
the Professor of Mental and Moral Philosophy, two thousand dollars ;
for the Profes-sor of Modern Languages and Literature, two thousand
dollars; for the Professor of Physiology and Comparative Anatomy,
two thousand dollars ; for the Professor of Law, nineteen hundred
and fifty dollars: Provided, That all persons who are not regular
students in other schools of the University, who enter the School of
Law, shall pay an entrance fee of fifty dollars, which fee shall be
paid into the State Treasury, to be applied to the payment of out-
standing claims against the Deaf, Dumb and Blind Asylum ; for
apparatus of the Department of Chemistry and Natural Philosophy,
two hundred and fifty dollars each ; for miscellaneous expenses,
fifteen hundred dollars; for Beneficiary Scholarships in said
University, twelve thousand eight hundred dollars, or so much
thereof as may be necessary, to be paid in accordance with the law
establishing the same; for the support of the Preparatory vSchool of
the University, three thousand dollars, to be paid on the warrant of
the Comptroller General, on application of the Chairman of the
Faculty of the University ; for insurance and repairs of huihlings,
four thousaiKi dollars, two thousand of which, if so much bi' neces-
sary, to be used for repairs of Library, to be paid on the warrant
of the Comptroller General, on application of the Secretary of the
Board of Trustees. (1. For the support of the State Normal School, State Normal
ten thousand dollars, to be paid on the warrant of the Comptroller ""
General, upon application of the Board of Regents: Provided,

888 STATUTES AT LARGE

A. D. 1^75. That three thousand dollars of the same, if so much be necessary,
'^ shall be used for the payment of liabilities incurred by the Regents

of said Normal School during the fiscal year ending Octo])er 31,
1874. 7. For the payment of interest on the bonds of the State Agri-
cultural College and Mechanics' Institute, ten thousand dollars, to
of lecordVand be paid in accordance with the law establishing the same. 8. For
.'rmirmi'i 'llouse puttiug up Suitable cases in the office of the Clerk of the House of
tives.^^"^^^"'"^ Representatives, for the preservation of the records in said office,
and for the preparation and binding of manuscript Journals of the
House of Representatives, to be deposited in the office of the Secre-
tary of State, one thousaod dollars, if so much be necessary, to be
jDaid out of the phosphate royalty received for the present year,
upon the order of the Clerk of the House, countersigned by the
- Comptroller General.
Expenses of Sec. 3. For the public printinL% in accordance with the contract

Iirinting. . i i ^

made with the Republican Printing Company, fifiy thousand
dollars, to be paid from the proceeds of tax of one-third of one
mill, levied in pursuance of Section 5 of the Act recited in Section
1 hereof, and upon the certificates as now provided by law\
Support of Sec. 4. That the sum of two hundred and forty thousand dollars,
for the support and maintenance of public schools, be, and the
same is hereby, appropriated out of the proceeds of two mills,
levied in pursuance of Section 3 of the Act before recited in Section
1 hereof, and as much more as may be produced from the same;
How school and the State Superintendent of Education is hereby authorized and

funds to be ap- t, -i -I'li-p

portioned. directed to apportion the amount so appropriated upon the basis or
school attendance in the several Counties of the State for the
scholastic year ending June 30, 1874; and the S; hool Commis-
. sioners of the several Counties are hereby instructed to apportion
the school funds of their respective Counties upon the basis of
school attendance in ihe various school districts of their said Coun-

schooidaim"?^ ties as aforesaid. 2. That the sum of ninety thousand dollars, for the
payment of deficiencies of school claims and salaries of County
School Commissioners, due prior to November 1, 1873, be, and the
same is hereby, appropriated out of the proceeds of 3-4 mills levied
in pursuance of Section 3 of the Act before recited in Section 1
hereof, and as much more as may be produced from the same:
Provided, That the past due salaries of the various County School
Commissioners shall first be paid: Provided, further, That the State
Superintendent of Education shall apportion the balance for the
payment of the school claims in a pro rata manner, according to the
amount due.
In t crest on Sec, 5. For the payment of the January and July interest upon

consolidation ' ■ •'

boudsandstock the Consolidation Bonds and Certificates of Stock of the State,

OF SOUTH CAROLINA. 880

issued under the provisions of the Act to reduce the volume of the A^ d.]s,.j.
public debt, such an iiinnunt as may be necessary of' the proceeds
of the two mill tax, levied in pursuance of Section )} of said Act, dIh .osition
the surplus, if any, arising from said tax, to be applied to the jnir- "r.smi.liis.
chase of the said Consolidation Bonds and Certificates of Stock in
accordance with the provisions of Section 7 of the above recited
Act to reduce the volume of the public debt, approved December
22, 1873.

Sec. 6. That the amounts appropriated for the payment of Snlnries pny-
salaries in the first Section of this Act shall be payable quarterly,

, , . 1 « • r ^ -1 ContillfTOnt

and the amounts appropriated for contingent funds as required, on fumi^, how to

the order of the Comptroller General, on application of the various

officers entitled to receive the same: Provided, That the accounts

and vouchers upon which such applications are made shall be filed

with the Comptroller General before he issues his warrants on the

State Treasurer for payment of the same.

Sec. 7. That the moneys herein appropriated to be used as con-
tingent funds, and for other purposes, by the various officers of the
State Government, shall be duly accounted for by the said officers,
who shall make a detailed statement of the disposition made thereof Reports of
to the General Assembly at the next regular session, on or before sa^g.**'^'"" ** '
December 1 : Provided, That no officer authorized to make con-
tracts, or draw funds from the said appropriations, shall expend, or
make contracts expending, more than has been appropriated
for any purpose by this Act, or any portion thereof: Provided,
further, That the appropriations made under Section 1 of this Act continpenl/'to
shall be paid pro rata until it shall be ascertained that the levy and bci^"'i'^"-'"-«'«
collections for said purpose is found to be sufficient to pay said ap-
propriations in full. ^

Sec. 8. The moneys appropriated in Sections 1, 2, 3 and 4 of this Approprintion
Act shall not be paid out except for expenses incurred during the l^ppiit-abiJoniy
fiscal year commencing November 1, 1874, and ending October 31, ypar '^^ ^'^'^''^
1875 ; and it is hereby made a felony for any officer to pay out any
portion of the same otherwise than as herein provided for, and upon
conviction thereof any officer so offending shall be punished as pro-
vided in Section 3 of an Act to regulate the manner in which public
funds shall be disbursed by public officers, a[)proved March 17,
1874.

Sec. 9. That all Acts and parts of Acts inconsistent with the
provisions of this Act be, and the same are hereby, repealed.

Approved March lU, 187-3.

890 STATUTES AT LARGE

A. D. 1875. AN ACT TO Incorporate the Town of Ridgeway, in the

^^7 ^CTT County of Fairfield.

No. (11.

Section 1. Be it enacted by the Senate and House of Representa-
tives of the State of South Carolina, now met and sitting in General
Assembly, and by the authority of the same, That the town of
Ridgeway, in the County of Fairfield, be, and the same is hereby,
riirhts.\c-.,^on- incorporated; and that all the rights, powers and privileges now
ot'^'S'inety-SLs! Conferred upon the officers and citizens of the town of Ninety Six,
in this State, are hereby conferred on, and vested in, the officers and
citizens of the town of Ridgeway.

Sec. 2. That the officers of said town shall consist of one Intend-

ant and four Wardens, who shall be elected annually on the fourth

, Monday in March, and that R. S. Desportes, Moses James and A.

»ln nR£r6rs oi "^

elettion. F. Ruff are hereby appointed Managers to conduct and declare ihe

first election for officers of said town.
Corporate Sec. 3. That the limits of said town shall extend one-half mile

limits.

north and south, and one-forth mile east and west from the Ridge-
way Depot of the Charlotte, Columbia and Augusta Railroad.

Sec. 4. That this Act shall take effect from and after its passage,
and shall remain in force.

Approved March 10, 1875.

^O- ' 12. AN ACT to Charter the Walhalla Bank.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That Samuel

Corporators. Lovinggood, C. L. Reid, J. W. Stribling, R. A. Thompson, J. H.
Sligh, J. J. Norton, C. E. Watson and W. C. Keith, together with
such persons as are now, or may hereafter be, associated with them,
shall be, and they are hereby, constituted and made a body politic
Corporate and Corporate, by the name and style of " The Walhalla Bank,"
and by that name and style shall be, and is hereby, made capable in
law to have, purchase, enjoy and retain to it and its successoi*s,
lands, rents, tenements, goods, chattels and effects of whatever kind

General pow- or quality soever, and the same to sell, alien or dispose of; to sue
and be sued, plead and be impleaded, answer and be answered, de-
fend and be defended in Courts of record or any other place what-
soever, and have perpetual succession ; to have and exercise the
rights and privileges of other banking corporations now existing or
that may hereafter be enacted ; and also to make, have and use a-
common seal, and the same to break, alter and renew at pleasure,

OF SOUTH CAROLIXA. 891

and also to ordain and put in execution such by-laws and re;^'ula- •^- T'- ''*•"'■
tions as may seem necessary and convenient for the government of
the said corporation.

Si:c. 2. That the capital stock of the said corporation shall be Capital stock,
twenty-five thousand dollars, to be divided into shares of one hun-
dred dollars each, and may be increased, from time to time, to a sum
not exceeding five hundred thousand dollars^ as may be deemed
necessary by the Board of Directors.

Sec. 3. The persons named in the first Section of this Act shall ofii<-crs of
be Directors of this company until others are appointed by the corporation,
stockholders, and they may, as soon as proper, appoint a President
from among their number, or from among others who may hereafter
be associated with them ; and the said President shall continue in
office for the period of one year from the day of his election, or
until his successor is appointed. In case of a vacancy in the office
of Director or President, from any cause, the remaining Directors
may elect others to supply their places until a meeting of the stock-
holders shall be held. There shall be five or more Directors, \vho,
with the President, shall manage the affiiirs of the company. Three
of said Directors shall constitute a quorum for any and all business
purposes of the said company. The meetings of the stockholders
shall be held in the principal office of the corporation, which .shall
be designated by the Board of Directors.

Sec. 4. The President and Directors shall appoint such clerks Appointment

1 ii a? ,1 f 1 1 1 of clerks, iVc.

and other omcers as they may hnd necessary properly to conduct
the business of the company, and allow them suitable compensa-
tion ; all of which clerks and officers shall hold their places during
the pleasure of said President and Directors.

Sec. 5. The President and Directors shall have power to appoint Agents,
agents in any part of the State or elsewhere, and, at their discre-
tion, may take from them bonds, with security, conditioned for the
faithful performance of their duties ; such agents being removable
at the pleasure of the President, subject to the approval of the
Board of Directors, or by the Board of Directors.

Sec. G. The mode of voting at the meetings of said company Manner of
shall be one vote for each share of stock, and every stockholder ^*'"°*'
may, at pleasure, by power of attorney or in person, assign or
transfer his stock in the company, on the books of the same, or any
part thereof, not being less than a whole share.

Sec. 7. The first annual meeting of the stockholders of the said Annual meet-
company shall be on the second Wednesday in March, A. D. ISJ"), '"'^''"
and thereafter on the same day in each year: Provided, The said
stockholders, at any regular meeting, or a Board of Directors, may
at any time change the day of said annual meeting; and the Presi-

892 STATUTES AT LARGE

A. D. 1R75. dent aiul Directors may at any time call a general meeting of the
stockholders, and any number of stockholders, owning not less than
one- third of the whole number of shares, may require the Presi-
dent to call such meeting, and, on his refusal to do so, may them-
selves call such meeting, in such case giving at least ten days'
notice by publication in one or more newspapers published in the
County of Oconee.

Sec. 8. The members of the corapaoy shall not be liable for any

Liability of i j -i -i- ,1.1 1 11

inembers. 'OSS, damage or responsibility other than the property they have in

the capital and funds of the company to the amount of shares held
by them, respectively, and any pro6ts arising therefrom not
divided : Provided, That no Director or other officer of said cor-

bo'rr'o w'from PO^ation shall borrow any money from said corporation, and if any

c-orporation. Director or other officer shall be convicted, upon indictment, of
directly or indirectly violating this Section they shall be punished
by fine or imprisonment, at the drscretion of the Court.

Sec. 9. That said corporation shall have power and authority to

offunds!^'™^°*^ invest its capital stock or other funds in bank or other stocks, in
the purchase of United States bonds, bonds issued by this or any
other State of the United States, and in bonds of any incorporated
company, to lend money on personal or real security, to discount
bonds, notes and bills of exchange, and to guarantee the payment
of notes, bonds and bills of exchange or other evidences of debt,
and to use their property in any manner incidental to a banking,
insurance and trust business, or the general business of the com-
pany.
Insurance Sec. 10. All policies of insurance, and other contracts made by
said company, signed by the President and countersigned by the
Secretary, shall be obligatory on said company, and have the same
effect as if attested by a corporate seal.

Sec. 11. This Act shall be in full force from and after its passage.

Approved March 10, 1875.

policies.

Ko. 713. AN ACT to Authorize and Empower the County Commis-
sioners OF Greenville County to Open and Establish a
Public Road in said County.

Be it enacted by the Senate and House of Represutatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That the County Commissioners
Line of road, of Greenville County be, and they are hereby, authorized and em-
powered to open, establish and keep iy repair, a public road leading

OF SOUTH CAROLINA. 893

from Marietta or some point aljovc, up (Ihj west side of the North -^- ^^- i^"5-
Saluda Uiver, to intersect the Bunconil)c road at or 'near the cross- ^ *"

ing of said road over Terry's Creek.

Approved March 10, 187').

AN ACT TO Incori^orate the Palmetto Oil and Grease No. 714.
Company, of Charleston County.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That George Corporators.
Shrewsbury, John Hall, Joseph Parker, Aaron Logan, N. S. Robin-
son, John N. Gregg, John A. Mushingtou, T. H. Jones, J. L.
Walker, C. C. Leslie, J. A. Godfrey, W. M. Gadsden, G. H. Dantz-
man, T. D. Smalls, John M. Freeman, Jr., H. Z. Burckmeyer, W.
R. Jervay, S. E. Gaillard, E. G. Logan, T. A. Davis, and their
associates and successors, are hereby made and created a body
politic and corporate in law, under the name and style of the
"Palmetto Oil and Grease Company, of Charleston County," for Corporate

name.

the purpose of manufacturing oil and grease from fish, or any other
substance that oil or grease may be made from, and disposing of the
same; and for the purpose of carrying on such other business as Objects,
may be connected therewith, with a capital not to exceed sixty
thousand dollars, to be divided in shares often dollars each.

Sec 2. That said company shall have succession of officers and General pow-
merabers, to be chosen according to the rules and by-laws made and
to be made for their government and direction, and shall have
power to make by-laws, not repugnant to the laws of the laud, to
make, have and use a common seal, and the same to alter at will,
to sue and be sued in any Court in this State, to purchase and hold
any lands, tenements or hereditaments, goods or chattels which
may be necessary, connected with, or conducive to, the purposes for
Avhich said company is established.

Sec o. That this corporation shall enjoy all the privileges that
are awarded, under the general laws of the State, to any corpora-
tion, together with the special privileges accorded by this charter.

Sec 4. That this Act shall be deemed and taken to be a public
Act, and shall continue in force for the period of fourteen years.

Approved March 10, 1875.

STATUTES AT LARGE

AN ACT TO Amend an Act entitlrd "Ax Act to Grant,
Renew and Amend the Charters of Certain Towns and
Villages therein Mentioned," as Relates to the Village
OF St. Sfephens.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,

' and by the authority of the same, That Section 3 of an Act en-

titled " An Act to grant, renew and amend the charters of certain
towns and villages therein mentioned," be amended by striking out
so much as relates to the Commissioners of Election of Charleston
County and their counting the votes and declaring who is elected,
and the following be inserted in its stead : That on the fourth
Monday in March, 1875, the following named per^jus shall cond ict

Managers of ^'jjg fipgf gipg^iQ^ uQfigj. this Act, and perform all the duties of the

Election. ' ^

Commissioners of Election, viz: J. M. Wilder, P. F, Sparkman and
Thomas Jenkins; they shall make a statement of the election, and
file the same with the Clerk of the Court of Charleston County,
showing the number of votes each person got, and who is elected
Intendaut and Wardens of the said town, and furnish the persons
so elected with a certificate of their election ; ufter which all elec-
tions held in said town shall be conducted in accordance with the
Corporate charter; and that instead of the first Section reading three-fourths of
limits. a mile, in each direction, it read one-half mile.

Approved March 11, 1875,

Duties

No. 716. AN ACT to Regulate the Appointment and Salary op
Trial Justices in and for the County of Sumter.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That the Gover-
TriaiJustices. ^ov shall appoint, by and with the advice a-id consent of tl.e Sen-
te^ of office! ^te, five Tiial Justices for the County of Sumter, and no more, two
of whom shall be located within the town of Sumter, to hold their offi-
ces for the term of two years, unless sooner removed by the Gover-
nor.

Sec. 2. That, instead of the fees heretofore allowed by law to

Trial Justices for criminal proceeding-^, and heretofore payable to

amount— when them by the County, each of said Trial Justices shall be allowed'a

payable. salary of three Jiundred dollars per annum, except .in the town of

Sumter, where each of them shall be allowed a salary of five hun-

OF SOUTH CAROLINA. 895

drei] dollars per aiimiin, puyable quarterly, on tlu; first day of Jan- ■•^- ^- I''"'-
uaiy. April, July and October, in each year of the said term, by
the County Treasurer of the said County, out of the County funiis,
and no account or claim, other than for s\u-\\ salary, shall Ix- pre-
ferred by, allowed or j)aid to either of them by the said County on
account of criminal proceedings.

6kc. :i That the said Trial Justices for Sumter County are po^ru."''''^ ""'
hereby required, on the first day of each and every month, to^!file
^vith the Clerk of the Circuit Court of the said County a rep')rt,
duly verified, of all costs charged and fines imposed in criminal
cases and proceedings had before them ; and immediately upon the
filing of such report the said Trial Justices shall pay over to the
County Treasurer of the said County the amount of such fees, costs
and fines by them severally collected and recovered.

Sec. 4. That all the appointments of Trial Justices for the . . ,

_ - ' , Ap po int-

County of Sumter heretofore made shall cease and determine on ments hcreto-

fore mad e —

and after the passage of this Act, and the Trial Justices provided when to cease,
for in this Act shall enter upon their duties.

Sec. 5. That the Trial Justices appointed to serve outside of the
town of Sumter may each appoint one Constable, and no more, to Constables.

1 L' 1 • • /-I 1 1 > number and

serve the processes or their respective Courts, removable at pleasure, salary.
The Constables so appointed shall each receive a salary of one hun-
dred and fifty dollars per annum, to be paid at the times and in the
manner provided by Section 2 of this Act. All processes and war- serve processes
rants issued by the said Trial Justices within the town of Sumter shall 1",^° ^^ "^ °^
be executed by the Sheriff of said County : Provided, That the fees
allowed the Sheriff shall not exceed the sum of three hundred dol-
lars per annum.

Sec. 6. That if either of the Trial Justices appointed for the
County of Sumter shall neglect to attend to the duties of his office, negiectoi^duty!
or shall be guilty of extortion or oppression in office, or shall fail '^""
to pny over, as required by this Act, the costs and fines col-
lected by him in his office, he shall be liable to indictment therefor,
and, on conviction thereof, shall be liable to imprisonment for two
years, or a fine of five hundred dollars, or both, within the discre-
tion of the Court, and shall be removed from office.

Skc. 7. That the County Commissioners of Sumter County be,

1 I I ■ . . 5 . .1 • 1 i. , ^ ' Salaries to bo

and are hereby, instructeci to cause to be set aside, out of the County set aside,
funds, a sura sufficient to pay the salaries of the officers herein pro-
vided for, the same to be paid quarterly ; and failure on the part of
the said Treasurer to comply with the requirements of this Section
shall be considered a misdemeanor, the penalty for which shall be
fine or imprisonment, or both, as may be deemed best, in the judg-
ment of the Court.

896 STATUTES AT LARGE

A. D. 1875. gj;Q_ 3 Xhe Trial Justices so appointed shall each give a bond of

, five hundred dollars, and each Constable a bond of two hundred

Jj o n il — _ '

nmouiit. and dollar?, with one or more sureties, for the faithful performance of

by whom ap- ...

proved. their duties, the bond to be approved by the Judge of the Circuit

Court of the said County.
Reports to be Sec; 0. That the reports required to be made by Section o of this

read in open . i'/-i

Court. Act shall be read in open Court on the first day or the term of the

Court of General Sessions after the appointment herein authorized,
and on t lie first day of each term thereafter.

Sec. 10. That all Acts or parts of Acts inconsistent with this
Act be, and they are hereby, repealed.

Approved March 11, 1875.

No. 717. AN ACT Providing for the Payment of the Past Due
Indebtedness of Chester County.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in
Surplus tax General Assembly, and bv the authority of the same, That on and

applicable to j ' . j '

past indebted- after the passage of this Act the surplus of the one-half mill tax

ness. CO I

collected, or to be collected, under the provisions of an Act entitled
"An Act for the relief of the widows and orphans of persons killed
because of their political opinions," approved March 13, 1872, be
devoted, so far as the County of Chester is concerned, to the pay-
ment of the certificates of jurors and Constables, issued at the
September Terms, 1873 and 1874, of the Court of General Sessions
of said County; after all of said certificates shall have been paid,
said fund shall be applied as heretofore provided by law.

Sec. 2. That all Acts or parts of Acts conflicting with the pro-
visions of this Act be, and the same are hereby, repealed.

Approved March 11, 1875.

No. 718. AN ACT to Amend an Act entitled " An Act to Alter and
Amend the Charter of the Town of Greenville, and for
Other Purposes," and an Act to Alter and Amend the
SAID Act.

Section 1. Be it enacted by the Senate and House of Representa-
tives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That Section 3 of
an Act entitled "An Act to alter and amend the charter of the

OF SOUTH CAROLINA. 897

town of Greenville, aiul for other i)urf)ose.s," be, and the same is A.D. 1S75.

lierebv, aniended by addinir at the end thereof the follo\vinir word.s, ,„ ^^ „.

• * . . fa ' Termof ollict:.

to wit : " And who shall hold their respective offices for the term
of two years, and until their successors shall be duly elected and
qualified."

1Sk(.". 2. That Section 4 of the said Act be, and the same is
hej-eby, amended by striking out the words, " September of each tion.
year," from the first line thereof, and inserting in place of thesame
tlie following words and figures, to wit: " August, 1875, and on
the same day iu every second year thereafter."

Si:c. 3. That Section 7 of the said Act be, and the same is
hereby, amended by inserting between the word " them " and the

RcliitivG to

word " all," on the sixth line thereof, the following words, to wit: trials,
"or before the said Mayor alone, in the absence of the said Alder-
men, or before one of the said Aldermen, in the absence of said
Mayor."

Sec. 4. That Section 3 of an Act entitled " An Act to alter and
amend an Act entitled ' An Act to alter and amend the charter of
the city of Greenville, and for other purposes,' " approved March
2o, 1869, be, and the same is hereby, amended, by inserting between
the word "them," on the first line thereof, and the word "shall,"
on the second line thereof, the following words, to wit : " Or the
said Mayor alone, iu the absence of the said Aldermen, or by one of
the said Aldermen, in the absence of the said Mayor;" by insert-
ing between the word " city" and the word " and," on the fourth
line thereof, the A)llowing words, to wit : " And wheu such person Defauitevs t..
or persons so fined shall be unable to pay such fine, to sentence such
person or persons to work on the streets of said city eight hours a
day for a term not exceeding twenty days, under the direction and
custody of the Marshals of the said. city."

Sec. 5. That Section 4 of said last mentioned Act be, and the "Close" in-

• II 111 •! • 1 1 ,/ 1 5, /. serted in liou

same IS hereby, amended by striking out the word "alter, from oi' " alter."
the second line thereof, and inserting the word " close " in place of
the same.

Approved March 11, 1875.

AN ACT TO Amend Section 1, Ch.vpter CXXXVI Of P.vut No, 719.
IV OF THE Revised Statutes, Relative to Offenses
Against Civil Rkuits.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,

898 STATUTES AT LARGE

A.D. is:.'), and by the authority of the same, That Section 1 of Chapter
^ T . ^T. CXXXVI of Part IV of the General Statutes, relative to offenses

ForbiddinR .... .

discrimiiiatiou against civil rights, be, and the same is hereby, amended as fol-

on account <>• , t i i

color. Arc, in Jows : "It shall not be lawful for any common carriers or any

inns, taverns, . i • n-

Ac. whether party or parties engaged in any business, calling or pursuit, for the

licensed or not. * \ '^ p i- , r U . • • Ik 1

carrying on oi which a license or charter is required by any law,
municipal, State or Federal, or by any public rule or regulations,
whether such party or parties have obtained such license or charter,
or failed or neglected to obtain the same, or for any party or
parties keeping an inn, restaurant or other place of accommodation
or refreshment, whether a license or charter is required for the
keeping of the same or otherwise, to discriminate between persons
oa account of race, color or previous condition, who shall make
lawful application for the benefit of such business, calling or
pursuit."

Approved March 11, 1875.

No. 720. AX ACT to Amend Section 14 of Chapter XLVII of the
Revised Statutes of South Carolina, Relating to Fer-
ries.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That Section 14 of Cliapter
XLVII of the Revised Statutes of South Carolina be, and the same
is hereby, amended so as to read, " if any person or persons, living
Penalty for within the space of one mile of any established ferry in any part of
senders across this State, shall, for any fee, toll or reward whatever, transport any
one iniie'ofes- pcrson, goods or Cattle from one side only to the other of that river
errj. .^^.jjgj.^ .^^^y such established ferry shall be kept, the person taking
any such fee, toll or reward shall forfeit and pay to the proprie-
tor of the ferry next adjacent to the place where such fare was
taken up, treble the value of the fee, toll or reward given or pro-
mised, to be recovered by warrant under the hand and seal of one
Trial Justice, or be imprisoned in the County jail for a period not
exceeding thirty days, any law, usage or custom to the contrary
Proviso. notwithstanding: Provided, ahvaya, That in case any passenger
shall be detained more than half an hour at any such ferry, then
any person living near such ferries may be at liberty to transport
them, anything herein to the contrary notwithstanding."

Approved March 11, 1875.

OF SOUTH CAIIOLINA. 899

AN ACT TO ESTAHLIHH A FkKKV AcROSH WaCCAMAW UlVElJ, Ai'i«".

IN Horry County, and to Vest the Same in Wm. L. „ ~CT7

>o. (21.
Buck & Co.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That a public ferry be, and is tcrud.
hereby, cstaiilished and chartered to reach across the AVaccamaw
River, in Horry County, at Greenwood Mill, and that tiiesaid ferry
be vested in Wm. L. Buck & Co., for the term of ten years, and ves^i"a.^^°™
that the following rates of toll be charged and collected, and no
more: For every four horse carriage or vehicle, one dollar; for Rates of toll.
every two horse carriage or vehicle, seventy-five cents; for every
one horse carriage or vehicle, twenty-five cents; for every single
horse and rider, ten cents; for every foot passenger, five cents; for
every head of cattle, goats and hogs, five cents : Provided, That
children going to and coming from school, and voters going to and
returning from elections, militia going to and returning from muster,
and clergymen, be passed free of toll.

Approved March 11, 1875.

AN ACT TO Amend Section 2 of an Act entitled " An No. 722.
Act to Regulate the Issuing of Checks to Laborers
Upon Plantations or Elsewhere."

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same. That Section 2 of an Act entitled

"An Act to regulate the issuing of checks to laborers upon plan-

tationsor elsewhere," be, and the same is hereby, amended so as to read Issuing of

as follows: "Section 2. That if any person or persons, after theijnror/ uuiaw-

passageof this Act, shall offer to any laborer or employee, except as " '

provided for in the preceding Section, as compensation for labor or

services performed, checks or scrip of any description, known as

plantation checks, payable at some future time, or in the shops or

stores of the employers, in lieu of United States bank notes or

fractional currency, the said person or persons so offending shall be

liable to indictment and punishment, by a fine not exceeding two penalty.

hun<lred dollars, or by imprisonment not exceeding one year, or

both, according to the discretion of the Court: Provided, The word . '•'''''. P'""\r
° ' 91011 not iinph-

" checks" in this Act shall not be construed so as to prohibit the 'i''''"; •*' ^""'^

. . ^ cbuL-ks.

giving of checks upon any of the authorized. banks of deposit or issue
in this Slate."

Approved March 11, 1875.

900 STATUTES AT LARGE

A.D. isTo. AN ACT TO Amknd ax Act entitled "An Act to Amend
., Section 2 of Chapter XXV ok the General Statutes
. OK South Carolina."

Be it enacted by the Senate aud House of Kepro.«ei)tatives of the

State of South Carolina, now met and sitting in General Assembly,

Relative to and bv the authority of the same, That Section 1 of an Act enli-

Triul Justice!-. , , /» » in- n i- r^^ -v'lTTr /» i /-< i

tied An Act to amend Section / ot Chapter AAV o< the General
Statutes of South Carolina," approved January 25, 1873, be, aud
the same is hereby, amended by striking out, on the eleventh line
Gcorsctown thereof, the word " eight," aud inserting in lieu thereof the word
t 1 L o MX. „ gj^ >' j^^^.Q ^^ whom shall be for and reside in the town of George-
town ; also, on the eighth line of the said Section 1, after the word
tweiuy"eight°" " Charleston," strike out the words "twenty-four," and insert in
lieu thereof the words " twenty-eight;" on line ten, after the word
Drlington •'Darlington," strike out the word " tea," and insert in lieu thereof

.SIX. " ' '

T . , the word " six ;" on line twelve, after the word " Le.xington," strike

Lexington ' ' o '

eleven. out the word " nine," and insert in lieu thereof the word "eleven."

Approved March 13, 1875.

Xo. 724. AN ACT to Incorporate the Town of Reevesville, in the

County of Colleton.

Section 1. Be it enacted by the Senate and House of Representa-
tives of the State of South Carolina, now met and sitting in General

Corporators. Assembly, and by the authority of the same, That from and after
the passage of this Act all citizens of this State who have resided
sixty days in the town of Reevesville shall be deemed, and are
hereby declared to be, a body politic and corporate, and the said
town shall be called and known by the name of Reevesville, and

Corporate its Corporate limits shall extend one-half mile in every direction
hnnts. from the South Carolina Railroad Company's depot.

Sec. 2. That said town .<hall be governed by an Intendant and

Officers. four Wardens, who shall be citizens of the United States, and shall

have been residentsof thesaid town for sixty days immediately preced-
ing their election, and who shall be elected by the qualified voters
of the said town on the first Monday in April. 1875, and on the
same day of each year thereafter, ten days' public notice thereof
being previou.-ly given ; and that all male inhabitants of the age
of twenty-one years, citizens of this State, who shall have resided

Electors. in said town for sixty days immediately preceding the election, shall
be entitled to vote for tl>e said Intendant and "Wardens. For the
purpose of holding the first election under this Act, the Clerk of the

OF SOUTH CAROLINA. {»01

Court of Common Pleas for Colleton County shall dosignate three ^- ''• '''' '•
suitahle persons, citizens of said town^ to act as Managers of Elec- ^j^^^^_^
tion, and thai the Intondant and Wardens, for the time heing, shall
annually appoint Managers to conduct each ensuing election.

Sec. 3. That the said corporation shall have the same powers and InvoKtctl with
privih'iri'S", and he suhjci't, in every respect, to the provisions of the conrerred on
charter granted and now governing the town of Branchvillo. Uninchviiie.

Sec. 4. That this Act shall be deemed a public Act, and continue
in force until repealed.

Approved March 11, 1875.

AN ACT TO Alter and Amend the Charter of the German No. I'lo.
Rifle Club, of Charleston, and to Renew and Extend
THE Same.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Asseriil)]v, and by the authority of the same, That the charter Chnrter re-
of the Gernian Rifle Club, of Charleston, be, and the same is hereby,
renewed and extended, with the rights and privileges and subject
to the conditions hereinafter provided.

Sec. 2. That the said corporation, under the name of the Ger-
man Rifle Club, of Charleston, shall hereafter continue a body
politic and corporate, and shall continue to have perpetual succes-
sion of officers and members according to its by-laws, and shall
have power to make rules and by-laws not repugnant to the laws of Powers and

T)rLvilcfir63

the land, and to have and use a common seal, and the same to alter
at will; to sue and be sued, to plead and be impleaded in any Court
in this State, and to have and enjoy every right, power' and privi-
lege incident to such corporation; audit is hereby empowered to
take, hold, retain, possess and enjoy all such property, real and
personal, acquired by it, and which may be given, bequeathed or
devised to it, or may be acfpiired by purchase or in any other man-
ner by said corporation.

Sec. 3. That the said corporation may, from time to time, invest investment
their funds, moneys, a.ssets, and all other property which it may ac- "'"'"""''*•
quire, in such real or personal property, stocks, public or private,
notes, bills, bonds, with or without security, by mortgage of real or
personal property or by surety, in such sums and on such terms and
conditions as it may deem proper; and it shall and may be lawful
for said corj)oration, from time to time, and at all times, to sell,
convey, mortgage, assign or transfer any or all of it.s property, real
69

902 STATUTES AT LARGE

A. D. 1875. aud persona], as and when it may deem proper and expedient, and
to make and execute bonds, under the corporate seal, with or with-
out mortgage of real or personal j)roperiy.

Sec. 4. That the said corporation is hereby authorized and enti-

ciub barroom" ^^^^' without any further license, during their annual festival, to

tUaK^w'iUi^ut ^^ ^^^^ f»n their grounds near Charleston, to open club bar-rooms,

license. billlard-rooms and ten-pin alleys, to and for their own pleasure and

that of their guests ; this privilege only being granted for and

during the said festival.

Sec. 5. That the members of the said Society hereby incorpora-
membere^^ ^^ *^^ shall be individually liable for the debt3 of said corporation,
each member to the extent of one year's annual arrears, which the
said member may owe to the corporation, according to its by-laws,
in the year in which he may be sued for said corporation debt, but
such liability shall not attach until the corporation shall have been
sued and nulla bona returned on execution in such suit.

Sec. G. That this Act shall be taken and deemed a public Act,
and shall be judicially taken notice of without being specially
pleaded.
Approved March 11, 1875.

No. 726. AX ACT to Amend ast Act e>:titled " An Act to Establish
A PiBLic Road ix Colletox County."

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That Section 1 of an Act
entitled " An Act to establish a public road in Colleton County,"
approved February 27, 1873, be, and the same is hereby, amended.
Line of road ^7 Striking out the following words, occurring on the ninth and
c aneed. tenth lines thereof: "Cohen's Corner, the point of intersection of

the Ashepoo Neck Road with the Combahee River," and inserting
in lieu thereof the following words : " Green Pond Station, on
the Savannah and Charleston Railroad."

Approved March 11, 1875.

No. 727. AlSr ACT TO Amend an Act Entitled "An Act to Provide
FOR the Redemption of Forfeited Lands upon Certain
Conditions therein Mentioned."

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-

OF SOUTH CAROLINA. 900

eral Assembly, and by tbe authority of the .«aine, That Section 1 of an ^- ^'- i^"'-
Act entitled "An Act to provide for the redemption of forfeited
lands upon certain conditions therein mentioned," approved Feb-
ruary 1'], 1874, be, and the same is hereby, amended so as to read
as follows, viz: "That in all cases where lands have been forfeited
to the .State for the iion-|)ayment of taxes', and where the titles to
said lands still remain in the State, the owners of saiil lands, or, if
they be dead, their legal representatives or heirs-at-law, shall have
the right, and they are hereby authorized, to redeem the same
within twelve months from the time when said land.s were forf>;ited, AVhcn for-
upon the payment of all taxes, costs and penalties due and owing J[J!,*y'' '(""rV-
upon the same; and the County Auditors of the several Counties on'what terms!
where the said lands are situate, upon the payment of such taxes,
costs and penalties within the time herein limited, shall expunge
the said lands from the forfeited land record of their respective
Counties: Provided, That if the owners of said lands, or, if they be \Vhen ju'le-

incnt cro'litor

dead, their heirs-at-law or legal representatives, shall fail, within may rcJiem.
the time limited, to redeem said forfeited lands, as hereinbefore
prescribed, then any judgment creditor, mortgagee, or other person
interested in said lands is hereby authorized to redeem said lands
within three months after the expiration of the time limited for the
owner or heirs of such person to redeem them, upon the same terms
and with the same rights as are accorded in the provisions of this
Act to owners, or, if they be dead, their legal heirs or representa-
tives: Provided, further, That nothing in this Act shall prevent the Proviso.
owner or others interested in lands which have been heretofore for-
f(:it<>d to the State for a longer time than twelve months, and for
which the State still holds the title, to redeem the said lands within
twelve months from the ratification of this Act.

Sec. 2. That it shall be the duty of the County Auditor of each Sule nf for-
County, after the time shall have expired, as hereinbefore provided, re.V. \ in »■ .1
for the redemption of lands which have been forfeited to the State montiis.
for the non-payment of taxes, to give notice of the sale of the same
by advertisement in at least one newspaper of the County in which
the lands are situated, for thirty days prior to the sale, or, if there
be no newspaper in the County, in one which has the largest circu-
lation in said County at the time of such sale. And it shall be the
duty of the County Treasurer of each County where such sale is
made to attend and conduct such sale ; and the jmyment of all
expenses incurred by the advertisement of tiie lands sold, and the
titles to be given for such lands, shall be paid by the party or parties
purchasing the same : Provided, That such lands shall not be sold proviso,
at a price less than the aggregate of taxes, costs, penalties, expenses
of sale and making out titles on and for such lands.

1)04 STATUTES AT LARGE

A. D. 1875. gjTc. o. That all moneys accruing under the provisions of this

7, "^ ~ . Act, whicli shall be in excess of taxes, costs, penalties, or other

I'xcc'ss of tuxes, exi)en.s*?.s incurred, or cltiims upon the land due the State, shall be

iVt-.. ti. be a * .... ' . ,,

school fund. set apart and retained in the hands of the County Treasurer as a
school fund for the County in which the forfeited lands have been
sold, the .said fund to be u.^ed for educational purposes only, to be
appropriated according to the existing law.s of the State.

Sec. 4. That after the purchase money shall have been fully paid,
Governor to the Governor is authorized and required to cause a patent or patents

issue patents. . , • , ^ i u .i / ^ /

to be issued to any such person or persons as may be the bonajide
purchaser, owner, assignee or transferee of such lands or tenements,
under and by virtue of an}"^ certificate of sale, or under and by
virtue of assignment or transfer of such certificate : Providtd,
.That in case of an assignment or transfer of a certificate of sale, the
person applying for such patent shall give satisfactory proof of the
said assignments or transfers to the County Treasurer of the
County ^Yhere the sale is made.

Sec. 5. That the County Treasurer of each County shall, on or

County Trea- before December 15th of each year, report to the General Assembly

tolienoraf As- all lands sold Under the provisions of this Act, the certificates of

^' sale issued, as well as the amount of sales and the disposition of the

funds so derived.

Sec. 6. That all moneys accruing to the State under the provi-
Disposition sions of this Act, except as provided for in Section 3 for the school

of moneys re- ,.,,,,, . , , i z- • i

ecivcd for tiix- lund, shall be paid over and accounted lor in the same manner as

cs. penalties, ,, , ■ i i- ^

Ac. all Other moneys received tor taxes.

Sec. 7. That in all cases where excessive valuations have been
Excessive charged upon lands forfeited to the State for the non-payment of

valuations, ° -^ ..

how to be rem- taxes bv the Couiitv and State Boards of Eiiualization, the Comp-

cdied. J . 1 ' 1

troller General shall have power, and he is hereby authorized and
directed, to reduce the property so assessed to a fair valuation, upon
receiving the j^etitions of the original owners, or their agents, set-
ting forth such fact, approved by the respective County Auditors
and County Boards of Equalization, asking for a reduction of the
same: Provided, That the Comptroller General shall consider such
petition reasonable, and the valuation of the property therein rep-
resented excessive.

Sec. 8. That all persons who desire to avail themselves of the
Pers ons provisions of Section 7 of this Act shall make such petition as is

ajrfrrieved to,. • , , /-, at i i i i

file petition therein required to the County Auditor, at least three months be-

Auditor. ' fore the time of the sale of forfeited lands, as hereinbefore provided;

and the said County Auditors, after due consideration, examination

and action upon such petitions, shall present the same to the County

Board of Equalization of their respective Counties for approval or

OF .SOUTH CAROLINA. 5>0.')

• lisiipproval, and without delay forward the same to the Coiuplrol- '^- ''• i""' '•
lor Gc'iioral, who sliull make such reduetion as, in hia <liscretion, is
ju.-t and rc'tisonahle.

iSkc. d. That in all eases of reduetion of valuatiuus upon for- C..ini.tr(.ii.'r

11 yi 1 • 1 • 1 <'fntTiil III II y

leited lands made by the Comptroller (jreneral in aeeordanee with iiimt<-iiixf!'.A<-.

. . • /. 1 • . 11-1 II /-. I 1 11 I oi'. property re-

the provisions of this Aet, the Comptroller Ocneral shall liave <jucc<iiu vulu-
pi-wer to abate the taxes, costs and penalties upon the said lands
wliich are in excess of what the taxes, costs and penalties would
have het'ii upon the said lands if levied and charged ui)on the valua-
tion as by him reduce<l and determiuetl.

Sec. 10. That all Acts or parts of Acts inconsistent with the pro-
visions of this Act be, and the same are hereby, repealed.

Approved March 11, 1875.

AN ACT TO Incorporate the Ashley River Railroad. No. 728.

Section 1. Be it enacted by the Senate and House of Representa-
tives of the State of South Carolina, now met and sitting in General
Assembly, and by the authority of the same, That for the purpose Object of cor-
of establishing a railroad from or near a station on the Savannah
and Charleston Railroad, in Colleton County, known as " Ran-
towle's," to or near a point on the Northeastern Railroad, six miles
from the city of Charleston, with the privilege of crossing the South
Carolina Railroad Company, and of connecting with the said road,
and of extending it into the city of Charleston, which Company,
when formed with the conditions herein prescribed, shall have cor-
porate existence as a body politic in perpetuity.

Skc. 2. That this charter, with the rights and privileges inci-
dental thereto, is hereby granted to and vested in George I. Cun-
ningham, A. C. Richmond, C. O. Witte, C. S. Gadsden, George S. Corporators.
Cameron, and A. F. Ravenel, and their associates, and the same
shall be exempt from the operations of the fortv-first Section of an Exempt from

. , , . , . . .",, . . , provisions of

Act entitled "An Act to incorporate certain villages, societies and ceriainAot.

companies," ratified the seventeenth day of December, A. D. 1841.

Sec. 3. That for the purpose of raising the necessary capital stock

of said companv, it shall be lawful to open books of subscription, as

' IJooks of su')-

may be deemed proper by the above corponitors, to an amount not scrlption.

exceeding three hundred thousand dollars, (§300,000,) in shares of

one hundred dollars (8100,) each, to constitute a joint cajiital stock

for the purpose of constructing and carrying into operation the

aforesaid road, or any part thereof; the time and place for receiving

subscriptions shall be fixed by a majority of the corporators, and if

006 STATUTES AT LARGE

A. D. 1«T.. t],t>y fj^ii tjj ^Q g(,^ ()n,„ i,y mjy tjireo of them, upon their giviu<,' due
notice of the same iu any newspaper in thecityof Charleston, which
books; of subscription shall he kept open for thirty days ; that on
ea< h share of stock subscribed the said subscribers shall pay ten
dollars to the corporators, who shall deposit the same in any Na-
tional Bank, when fifty thousand dollars (SoO.OOO) are sul)scribed ;
the said C(u-porators, or any three of them, shall give due notice in
some public newspaper of the time and place for organization.
Sec. 4. Whenever the said sum of fifty thousand dollars ($50,000j

When to be is subscribed, the subscribers, their executors, administrators and

dcclnrou incor-
porated, assigns, shall be, and they are hereby declared to be, incorporated

into a company, and shall have all the rights and privileges con-
ferred upon the Northeastern Railroad Company, acci^rding to their
original charter, each subscriber being entitled to a vote for each
share of stock ; (said charter was ratified December 16, A. D. 1851) :
Not exempt Provided, That nothinof herein contained shall be so construed as to

from taxation. °

exempt the said company from the payment. of taxes.

Sec. 5. At the first, and all other meetings of thd said company,

Proxies. it shall be lawful for any stockholder to be represented by proxy,
Avhose appointment shall be in writing, signed by such stockholder,
but no person not a stockholder shall be such proxy. If the holders
of a majority of the shares shall not attend in person, or be repre-
sented by proxy at the time and place appointed for any meeting,
the stockholders present shall have authority to adjourn the meeting
from time to time until a majority of the shares shall be represented ;
at the first meeting of the stockholders, and annually thereafter, at
such time as may be appointed by the by-laws, they shall elect by
ballot, to serve for one year, and until another election, a President

Officers. and six Directors. No person shall be elected as President or Di-
rector who is not the owner of at least five shares.

Sec. 6. Subscriptions to the stock of the said company shall be
.Subscriptions, payable by instalments, not exceeding twenty dollars per share, at

ow pa>a e. ^^^j^ intervals and under such regulations as may be prescribed
by the Board of Directors ; due notice shall be given iu any
newspaper of the time of payment of each instalment ; and in case
any instalment on any share shall remain unpaid for the space of

Shares of de- uinety days after the time appointed for the payment therecf, such
foril-i'ted.*" ^"^ share shall be liable to forfeiture, and the company may declare the
same forfeited and vested in the company, but such forfeiture shall
be deemed to discharge the defaulting stockholder from the obliga-
tion to pay the amount remaining unpaid on the forfeited share.

Sh.nres per- The shares of the capital stock of said company shall be personal

soii:il projiertv. iiiii • ii ^ pii- i

I)ropertv, and shall be assignable and transierabie in such manner
and under such regulations as may be prescribed by the by-laws.

OF SOUTH CAROLINA. 007

Si:r. 7. The said comijuny shall havo the ri^'ht to l)iiild bridges •^- "■ '""''•
aeioss iiavi<;al)le rivers aud streams : Provided, They aiiall j)Ut in ^j^^^, i ^ .j^
good and sufHc'iout draw.s and shall construct necessary stations and '>ri<iK«.'(". Ap.
turn-outs with one or niurc tracks of same gauge as that of the
Northeastern Railroad.

Skc. 8. They shall have the riiiht of selling out, leasing, renting, , >'"y ."••ll "«■

-' " _ ^ _ . . lt-ii!<e, Ac, t<»

assigning and transferrin": all the franchises, rights and t)rivilege3 »">' incon.orn-

", " " ' o I o t<;,ic,oiupiiiiy in

hereinbefore granted, to any duly incorporated company in the Suite.
State of South Carolina : Provided, Such sale, lease, rentings, as-
signments and transfers, shall have the consent in writing of three-
fourths of the stock subscribed.

Si:c. !). The President and Directors of the said company shall PowcrsofofB-

ccrs.

have authority to carry into execution all the powers hereby granted
to the company, sul)ject to such limitation aud restriction as may
be imposed by the by-laws. There shall be at least one meeting of _ Annual meet-
the stockholders annually at such time as may be appointed by the
by-laws, at which the Pfesident and Directors shall make a report
in writing of the affairs and condition of the company. Other Special meet-
meetings may be called by the President and Directors, whose duty *°^*"
it shall be to call a meeting of the company whenever it is
demanded in writing by twenty stockholders having three
hundred shares or more. It shall be lawful for the stockholders, at Ripht to re-

, T-, . , , T-.. , „ move officers.

any meeting, to remove the President aud Directors, or any oi
them, from office, and to elect others in their stead. The President
and Directors shall have authority to draw out the money depos-
ited in bank by the Commissioners for receiving subscriptions to
the stock of the company.

Sec. 10. It is hereby provided that the said road shall be com-
menced within one year and completed within five years after the i.e ecmmencea
passage of this Act, or the charter thereof shall be forfeited : And «°J <^o»>"''^'«=J-
provided , farther , That said road shall be subject to the provisions
of " An Act to declare the manner by which the lands or the
right of way over the lands of persons or corporations may be taken
for the construction and uses of railways and other works of internal
improvement," ratified September 22, A. D. 1868,

Approved March 11, 1875.

908 STATUTES AT LARGE

a. d. 1st5. ax act to authokize the couxty commissioners of
Laurens County to Levy and Cause to be Collected a
Special Tax of Three Mills on the Dollar of All
Taxable Property of said County.

No. 7'2U.

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Aasembly,

and by the authority of the same, That the County Coramissioners

Special tax ^^ Laurens County be, and they are hereby, authorized and

oi tiiree mills, j-cquired to levy and cause to be collected a special tax uf three

mills on all the taxable property of said County. Said tax shall

WhencoUect- ^® levied and collected at the same time and in the same manner

^^^^- that the general State taxtr? for the fiscal year commencing 1st

November, 1875, are collected, and shall be devoted exclusively to

the payment of the past due indebtedness of said County of

Laurens.

Approved starch 15, 1875.

No. 730. AN ACT to Regulate the Appointment and Salary of
Trial Justices in and for the County of Clarendon.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That the Governor
Triiil Justi- shall appoint, by and with the advice and consent of the Senate,
and term"of of- six Trial Justices for the County of Clarendon, and no more, one
^^' of whom shall reside at the town of Manning, and the others at

Where to re- different and convenient portions of said County, to hold their offices
for the term of two years, unless sooner removed by the Governor.
Sec. 2. That instead of the fees heretofore allowed by law to
Sahiry. when Trial Justices for criminal proceedings, and heretofore payable to them
able7 ^'"®'^'^^' by the County, the said Trial Justice at Planning shall be allowed
a salary of two hundred dollars per annum, and each of the other
Trial Justices of said County the sum of one hundred dollars per
annum, payable quarterly, on the first of January, April, July and
October, by the Ccjuuty Treasurer of such County, out of County
funds, and no account or claim other than for such salary shall be/
preferred by, allowed or paid to, any Trial Justice of said County
by the said County on account of criminal proceedings.

Sec. 3. That the said Trial Justices for Clarendon County are

ports"^^^^ ^^' l^^reby required, on the first Monday of each and every month, to file

with the Clerk of the Circuit Court of said County a report, duly veri-

OF SOUTPI CAROLINA. 009

ficd.of all the fees and cfHts charged, and fines imposed in criminal cu8e« ^-J^ ^ ''""';
and i)roc(.'cding.s had hei'ore them, whether the same he charged and
imposed against the defendant or against the party complaining,
and immediately upon tiie filing of such report the said Trial Jus-
tices shall pay over to the County Treasurer of said County the
amount of such fees, costs and fines by them severally collected and
recovered.

Sec. 4. That all the appointments of Trial Ju.-tices iijr tl»e County yvr>P'>ititrncnt8
of Cla rendon heretofore made shall cease and determine after appoint- jj J" ^ y t^^-j '^''^ r^«
ments made under the provisions of this Act, and the Trial Justices tH.-ii.-e.
provided for in this Act shall enter upon their duties irnnuMliately
thereafter.

Sec. "). That the Trial Justices appointed for Clarendon Couuty Con'tablcf.

1 • ^,111 1 salary, Ac.

may each appoint one Constable, and no more, to serve the processes
of their respective Courts, removable at pleasure. The Constables
so appointed shall receive an annual salary as follows: The Con-
stable ajjpointed by, and who serves, the Trial Justice at Manning,
the sum of one hundred dollars, and each of the other Constables
so to ho appointed by the other Trial Justices outside of the town of
JManning, the suia of seventy-five dollars; said salaries to be paid at
the times and in the manner as provided by Section 2 of this Act.

Sec. 6. That if either of the Trial Justices appointed for the Pcn.iity for

~ n r-i, I 1 • f- 1 • neprli'it oftluty,

County 01 Clarendon shall neglect to attend to the duties or their extortion, ic.

office, or shall be guilty of extortion or oppression in office, or shall

fail to pay over, as required by this Act, the fees and fines collected

by him in his offit-e, he shall be liable to indictment theref<ir, and on

conviction shall be liable to imprisonment for two years, or a fine of

five hundred dollars, or both, within the discretion of the Court,

and shall be removed from office.

Sec. 7. That the County Commissioners of Clarendon Countv f "lanes to bo

■' ■ sot iisidc.

shall audit and cause to be set aside annually, out of the County •

funds, a sum sufficient to pay the salaries of the officers herein pro-
vided for, and failure on the part of the Treasurer to comply with
the requirements of this iSectiou shall be considered a midemeanor,
the penalty of which shall be fine or imprisonment, as may be
deemed best in the judgment of the Court.

Sec. 8. Tht^ Trial Justices so appointed shall each give a bond of ^'^^<i' amount.

• ' ° anil ijy whom

five hundred dollars for the faithful performance of their duties, the 'ii>i>rovt.d.
bond to be approved by the Judge- of the Third Circuit.

Sec. S). That all Acts and parts of Acts incimsistcnt with the
provisions of and for the purposes of this Act be, and the same are
hereby, repealed.

Approved March IG, 1875.

STATUTES AT LARGE

AN ACT TO CiiANGK TiiK Namics of William George Palmer
AND Frances Clementine Palmer, of Ander.son County,
TO William George Garrison and Frances Clementine
Garrison, and Make them the Lawful Heirs of Henry
Garrison and Frances Garrison.

Be it enacfed by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the .«anie. That the names of William
w.o. Palmer, George Palmer aud Frances Clementine Palmer, of Anderson
changed' 1*^0 County, be, aud the same are hereby, changed to William George
Garrison and Frances Clementine Garrison, and the said William
George Garrison and Frances Clementine Garrison shall hereafter
Legitimized, be deemed the lawful heirs of Henry Garrison and Frances Garri-
son, of the County of Anderson, State of South Carolina.

Approved March 17, 1875.

Corporators.

Ko. 732. AN ACT to Incorporate the Town of Central, in Pickens

County.

Section 1, JBe it enacted by the Senate aud House of Representa-
tives of the State of South Carolina, now met and sitting in General
Assembly, and by the authority of the same, That all persons,
citizens of the United States, who now are, or hereafter may be,
inhabitants of the town of Central, shall be deemed, and are hereby
declared, a body politic and corporate ; and said town shall be
called and known by the name of Central, and its limits shall be
Corporate deemed and held to extend one-half a mile in each direction from

limits.

the Air Line Railroad Depot at said place.

Sec. 2. That the said town shall be governed by an Intendant and

Officers. four Wardens, who shall be elected on the first ^Monday iu April

next, 1875, as well as on the first Monday in April of every year
thereafter, an election shall be held for an Intendant and four
Wardens, who sliall be citizens of the United States, and shall have
been residents of thesaid town sixty days next preceding said election,
at such j)lace in said town as the Intendant and Wardens shall de-
Election, signato, ten days' notice thereof, in writing, being previously given ;
and that all the male inhabitants of said town of the age of twenty-
one years, who have resided therein sixty days- previous to the elec-

Electors. tion, shall be entitled to vote for said Intendant and Wardens ; and
the election shall be held from seven in the morning uutil six
o'clock in the evening, when the poll shall be closed and the Man-
agers shall count the votes and proclaim the election, and give

Vucancies.

Judicial pow-
ers.

OF SOUTH CAROLINA.

notice thereof to the persons elected ; and tliat the Intendant and

Wardens for the time being shall aiipoint Manaj^ers to hold the

ciiMiing election ; that the Intendant and Wardens, before entering

upon the duties of their oliifcs, shall fake the oath preseribed by

the Constitution of the State, and the following oath, to wit : " As Oathofomci-.

Intendant (or Warden) of Central, I will equally and inipartially,

to the best of my ability, exercise the trust reposed in me, and will

use my best endeavors to preserve the peace and carry into effect,

acroriling to law, the purposes of my appointment: So help me

God."

8ec. 3. Tiiat ill case a vacancy .shall occur in the office of the In-
tendant or any of the Wardens, by death, resignation, removal from
the State, or from any other cause, an election shall be held, by ap-
pointment of the liitfudant and Warden, or Wardens, as the case
may be, ten days' public notice thereof, as aforesaid, being given, and
in case of sickness or temporary absence of the Intendant, the
Wardens forming a Council shall be empowered to elect one of
themselves to act as Intendant during such sickness or absence.

Sec. 4. That the Intendant and Wardens, duly elected and quali-
fied, shall, during their term of service, severally and respectively,
be vested with all the powers of Trial Justices and Justices of the
Peace in this State, in matters civil and criminal, within the limits
of said town ; that the Intendant shall, as often as occasion may
require, summon the Wardens to meet him in Council, a majority
of whom shall constitute a quorum for the transaction of business,
and shall be known as the Town Council of Central ; and they and
their successors in office shall have a common seal ; and shall have
power and authority to appoint, from time to time, such and so
mail}' proper persons to act as Marshals and Constables as they
shall deem expedient and proper, which officers shall have all the
powers, privileges and emoluments, and be subjected to all the
duties, penalties and regulations, by the laws of the State, for the
office of Constable ; and the Intendant and Wardens, in Council,
shall have power and authority, und<'r the corporate seal, to ordaiu
and establish all such rules and by-luws and ordinances respecting
the streets, ways, pul)li<* wells, sjjrings of water, markets and police
of saifl town, and for preserving health, peace, order and good gov-
ernment within the same, as they may deem expedient and proper ;
and the said Council may affix fines for offenses against such by-
laws and ordinanees, and approj)riate the same to the use of the cor-
poration ; but no fine shall exceed fifty dollars. All lines may be
collected by an action for debt before a proper tribunal.

Sec. o. That the said Council shall have power to abate or
remove nuisances within the limits of said town, and also to classify

Marshals.

Nuisances.

912 STATUTES AT LARGE

A. D. I'^To. and arrange the inhabitants liable to public; duty, and require them
^ ~ lo peilbrni .such duty a.s occasion may require, and enforce perform-
ance of the same under the same penalties as are now, or hereafter
may be, established by law : Provided, always, nevertheless, That
the said Town Council shall have power to compound with the
persons liable to perform .such duty, uoder such terms as they shall
by ordinance establish.
„ , , Sec. 6. That it c«]iall be the duty of the Intendant and Wardens

Roads and

streets. to keep all streets and ways in the limits of said town open and in

good order, and for that purpose they are hereby invested with all
the powers and privileges granted by law to the Commissioners" of
Roads within the limits of said town ; and for neglect of duty they
shall be liable to the same pains and penalties imposed by law upon
Commissioners of Roads for like neglect; and they are hereby
individually exempt from the performance of road and public duty ;
and the inhabitants of said town are hereby exempt from road duty
Avithout the limits of said corporation.

Sec. 7. That the said Intendant and Wardens shall have power to

Maveomround compouud with persons liable to work oo the said streets and ways,

r'bi f^'road ^°^ ^^ release such persons as may desire it, upon the payment of

duty. such sum of money as they may deem a fair equivalent therefor, to

be applied by them to the use of the corporation.

Sec. 8. That the said Town Council of Central shall al.so be cm-
May hold and powered to retain, po.ssess and enjoy all such property as they may
convey proper- be possessed of or entitled to, or which shall hereafter be given,
bequeathed to, or in any manner acquired by them, and to sell,
alien, or in any way transfer the same, or any part thereof: Pro-
vided, The amount of property so held, or stock invested, shall in
no case exceed the sum of twenty thousand dollars.

Sec. 9. That the said Town Council shall have power to impose
Annual tax. an annual tax upon all real and personal property within the limits
of said town : Provided, Said tax does not exceed the sura of fifteen
cents on the one hundred dollars.

Sec. 10. That the Intendant and Wardens of the said town of
Sales atauc- Central shall have power to regulate sales at auction within the
*'°°" limits of said town, and grant licenses to auctioneers: Provided,

That nothing herein contained shall extend to sales by or for
Sheriffs, Clerks of Courts, Judge of Probate, Coroner.a, Executors,
Administrators, A.ssignees, or by any other person under the order
of any Court or Magistrate.

Sec. 11. That the Intendant and Wardens shall have power and

Sidewalks, authority to require all persons owning a lot or lots in the said town

of Central to keep in repair the sidewalks adjacent to their lots,

OF SOUTH CAROLINA. 013

rcsppctively, and for dufault in this matter shall have power and •^- "• '''^'•
authority to impose a Hrje not exceeding four doUarrf.

Sec. 12. That the autiiority to refuse or grant licenses to keep a Mccnscs.
tavern, or retail intoxieating drinks, he, and the same is hereby,
vested in the Town Council of Central ; and that they ho also
invested with all the necessary power, l)y ordinance or ordinances,
to suppress or regulate intoxicating drinks, to l)e drank at the place
where sold, or in or upon any of its H[)pnrtenances, or in or u])on
any of its highways, streets, lanes, alleys, commons, kitchens, stores,
shops, public buildings, stalls or out-houses of the said town, or
within half a mile of the Atlanta and Richmond xVir Line Railroad
depot in said town: Provided, No rule or regulation shall be made
inconsistent with the Constitution and laws of the State.

Sec. 13. For the purpose of holding the first election under this Managers of

' . . first election.

Act the Clerk of the Court of Common Pleas of Pickins County
shall designate three suitable persons, citizens of said town, to act
as managers of the election, and said managers, so appointed, shall
give at least ten days' previous notice of said election.

Sec. 14. This Act shall be deemed a public Act, and continue in
force until repealed.

Approved March 17, 1875.

AN ACT TO Confer the Rroiirs of Legitimacy ox Certain No. 733.
Children Herein Mentioned.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That Caroline Kemp Moody Caroline K.

ami Anna D.

and Anna Dora Moody, children of John A. Moody and Elizabeth Moo.iy icgiti-
Moody, be, and they are hereby, investetl with all the rights and
privileges of legitimate children, in the same manner, and to the
same extent, as if they had been born in lawful wedlock.

Approved Marcli 17, 1<S7").

AN ACT to Alter and Amend Section 14'^ of Chapter No. 734.
CXXII OF Title V, Part III, of the General Statutes
of the State of Soi'Tii Carolina, Relatin*; to ruK Timai,
of Civil Actions.

Be it enacted by the Senate and House of Eej)resentatives of the
State of South Carolina, now met and sitting in General Asjicmbly,

914 STATUTES AT LARGE

A. J). isT.'. ,^„f] |jy j_|^g authority of the same, That Section 148 of Chapter

' ' CXXri of Title V, Part III, of the General Statutes of the State

of South Carolina, be, and the same is hereby, altered and amended

so as to read as follows: "In all other cases the action shall be

Action, where tried in the County in which the defendant resides at the time of

to be tried. « . . ^ • n i \

the commencement of the action; and, ir there be more than one
defendant, then the action may be tried in any County in which
one or more of the defendants to such action reside at the time of
the commencement of the action, or if none of the parties shall
reside in the State, the same may be tried in any County whicli the
plaintiff shall designate in his complaint, subject, however, to the
power of the C(^urt to change the place of trial in the cases provi-
ded by statute."

Approved March 17, 1875.

No. 735. AN ACT to Amend tiir Charter of the Home Insurance

Company, of Charleston.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That the Act approved Feb-
ruary 26, 18G9, entitled "An Act to incorporate the Home Insu-
rance Company, of Charleston," be so amended that in all elections
and other corporate acts done by the stockholders of the said com-
pany, every stockholder shall be entitled to one vote for each share

Relative to i , , • i t • i • i i i

manner of vot- owued by huu or her, or standing in his or her name, and that any
provisions of the said Act inconsistent therewith be, and the .same
is hereby, repealed.

Approved March 17, 1875.

No. 736. AN ACT to Amend the Charter of the Mount Pleasant and
Sullivan's Island Ferry Company.

Preamble. Whereas the capital of the Mount Pleasant and Sullivan's Ishtnd
Ferry Company, under the provisions of their charter, has been
fixed at eighty thousand dollars ; and whereas the said company has
presented its petition showing that the actual value of its property
is not more than forty thousand dollars, and praying thereupon that
its capital be reduced to this extent :

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in

OF SOUTH CAROLINA. 915

Ocnorul Assembly, and hy the juithority of the same, That the ^- ^'- ^**"''-
Board of Directors of tlie said Mount Pleasant and Sullivan's ., ~ y. , ~

CoilHOlKllltlOD

Island Ferry Company l)e, and they are hereby, required to con- offlii'i-tf.
polidale thf" shares of the said company hy calling in their said
shares, and hy issuing one share of the par value of lifiy dollars for
every one of their present shares, so that the capital of said company
shall be redut'od from eighty thousand d')llars to forty thousand
dollars.

Sec. 2. That the said lioar<l of Directors are hereby further ijooksofsub-
authorized and empowered, from time to time, to open books of sub- creii.-o'^"cui)iul
scriplion for the [lurpose of increasing the capital stock of said ^"'*-"'*-
company, and from time to lime to issue shares of the par value of
fifty dollars each for such subscription : Provided, That the c.ipital
of said company shall not exceed two hundred thousand dollars.

Sec. 3. That each stockholder in the said company shall be liable Liiii.iiityof

1- stockljoldtTd.

to the creditors thereof to an amount not exceeding ten (10) per
cent, of the par value of the shares held by such stockholder during
the time the debt was contracted, over and above the value of the
said shares.

Sec. 4. That all Acts and parts of Acts inconsistent with this
Act be, and the same are hereby, repealed.

Approved March 17, 1875.

AN ACT TO Authorize and Require the County Commission- No. 7o7.
ERs of Newberry County to Levy and Collect One and
Oxe-Ualf (1}) Mills on the Dollar, and Other Matters
Therein Mentioned.

Section 1. Be it enacted by the Senate and House of Representa-
tives of the State of South Carolina, now met and sitting in General
Assembly, and by the authority of the same, That the County Com-
missioners of thcCounty of Newberry be, and they are hereby, author-
ized and required to levy and have collected, in the same manner, and
at the same time the general ta.x for said County is levied and col-
lected, a special tax of one and a half (Ij ) mills upon the dollar .^pocini tux IJi
of all the taxable property of said County for each successive year "" "'
until the past indebtedness of said County is paid, to be applied,
pro ruin, to the past due indebtedness of the County of Newberry,
contracted prior to the first day of November, A. D. 1874, as here-
inafter provided : Provided, That all persons holding claims against lU-irlstry of
the said County which have not already been registered at the " """'^"
County Commissioners' office shall be, and are hereby, required to

916 STATUTES AT LARGE

A. D. \^:r>. f5)g a list of the same, with the amounta and dates thereof, in the
office of the County Coramissioners within ninety days after the
passage of this Act: Provided, further, That due notice shall be
given by publication in one or more newspapers of the County, to
be at least three issues thereof, of the opening of a book of registry
for such purpose by the County Commissioners.
Disposition of ^^^- ^- That the County Treasurer of Newberry County shall
^"•''- devote the proceeds of such special tax to the payment of all claims

registered as hereinbefore provided ; and should the amount of such
special tax, collected in the first year after the passage of this Act,
be insufficient to pay the entire indebtedness of the said County,
When to be ^^^^^ the County Treasurer of said County shall [)ay out the same
paid pro rata, p^^ rata, and continue the same from year to year until the whole
amount of such indebtedness shall have been paid, endorsing each
partial payment on each claim presented, which shall have the
word "registered," with the date of registration, written across the
face of the same, in red ink, over the signature of the Clerk of the
Method of pay- Board of County Commissioners; and the party receiving such par-
™^°^" tial payment shall receipt to said Treasurer for each partial pay-

ment, the said receipt to be kept and filed by said Treasurer as his
voucher.
When claims Sec. 3. That when the final payment upon each claim shall have
en up. ^^^^ made and endorsed upon such claim the said claim shall be
taken by the County Treasurer in addition to the receipt for such
final payment from the party receiving such payment, and the said
Disposition of Treasurer shall return the same to the County Commissioners of
Newberry County, which shall be kept on file in their office with
the papers to be known as the " Newberry County debt papers."

Sec. 4. All Acts or parts of Acts inconsistent with this Act are
hereby repealed.

Approved March 17, 1875.

same.

No. 738. AN ACT to Amend and Renew the Charter of the Town

OF Abbeville.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That from
and immediately after the passage of this Act all and every person
and persons whatsoever, who are constitutionally qualified to vote
C D r t ra ^'^^ members of the Legislature of this State, and who may have
resided within the corporate limits of the town of Abbeville sixty

OF SOUTH CAItOTJNA. 917

days, nrifl their .eiicccssors, nro hcrchy ilocliired to l)c motubcrsof tin- -^ ''■ '"•'■
corponitioii hereby intended to be created.

Skc. 2. That the said persons and their successor.'? shall, from and
after the passaj^^e of this Act, be and become a body jjolitic and
corporate, and shall be known and called bv the name of the town
of Abbeville, and its corporate limits shall extend one mile and a limit',
quarter in the direction of the cardinal points from the Court House
in said town as a centre, and form a square.

Sec. 3.' That the said town shall be governed by an Intendant officers,
and four Wardens, who shall be elected on the second Monday of
September in each year, two weeks' notice being previously given,
and shall continue in office for one year, and until the election and
qualification of their successors, and that ail male inhabitants of ;.. . s-.
said town, who shall have attained the age of twenty-one, and re-
sided therein sixty days previous to the election, shall be entitled to
vote for said Intendant and Wardens.

Sec. 4. That the election of Intendant and Wardens of the said Election,
town shall be held in some convenient pul)lic place in said town, to
be designated in the notice of election, from six o'clock in the
morning until six o'clock in the afternoon, and when the polls shall
be closed the INIanagers shall forthwith count the votes and pro-
claim the election, and give notice in writing to the persons elected.
Thi^ Intendant and Wardens, for the time being, shall alwavs ap-
point tiiree (3) Managers to conduct said election, who, before thev
open the polls for said election, shall take an oath fairly and im-
partially to conduct the same ; and the Intendant and Wardens,
before entering upon the duties of their office, shall, respectively,
take the oath prescribed by the Constitution of this State, and, also,
the following oath, to wit: "As Intendant (or Warden) of the Oath o! office.
town of Abbeville, I will equally and impartially, to the best of my
ability, execute the trust reposed in me, and will faithfully perform
the duties thereof: So help me God." The Intendant's terra of
office shall continue until his successor shall have been sworn, and
the Wardens' term of office shall continue until the election of their
successors shall have been declared, and until one of these successors
shall have been sworn, when the Intendant and the successors so
sworn shall determine which of said Wardens shall be thereby dis-
placed, and so on ntitil the whole of the successors shall have been
sworn. In case any person elected Intendant or Warden should
refuse to be sworn, or an election should fail to be made on the
second Monday of September, a special election shall b.Mirdt-red by
the Intendant and Wardens, to be held as aforesaid, after five days'
notice, and any vaeuncy in the office of Intenilant or Wardens, oc-
casioned by death, resignation, removal from the town, or removal
" 60

918

STATUTES AT LARGE

A. D. ISTo

Judicial pow-

Xirtganees.

Roafl
street dut;

and

Trials

from office, may be filled by a like special election for the remaiuder
of the term. And the Wardens, met in Council, shall have power,
])y electing one of themselves Intendant, to supply the place of the
lutendaut, in case of his temporary absence from Council, until his
return, or in case of vacancy in the office, until an Intendant shall
have been elected and sworn.

Sec. 5. That the Intendant and Wardens duly elected and quali-
fied shall, during their term of office, severally and respectively, be
vested with all the powers of Trial Justices or other inferior Courts
in this State, except the trial of civil causes within the limits of said
town ; and the Intendant shall and may, as often as may be neces-
sary, summon the Wardens to meet in Council, any three of
whom may constitute a quorum to transact business ; and they
shall be known by the name of the Town Council of Abbeville;
and they and their successi^rs, hereafter to be elected, may have a
common seal, which shall be affixed to all their ordinances, may
sue and be sued, may plead and be impleaded, in any Court in this
State. They shall have power to abate and remove nuisances
within the limits of the corporation, and under its corporate seal to
enact all such ordinances as may be necessary to regulate the prac-
tice of the Council, and all such ordinances respecting the streets,
ways, lots, fences, markets and police of the said town, or for pre-
serving cleanliness, health, peace, order and good government
within the same, and to prevent the violation of its ordinances by
ordering fines, penalties and imprisonment for the violation thereof:
Provided, That no fine shall exceed thirty dollars for any one of.
feuse, and no imprisonment shall exceed thirty days.

Sec. 6. When any offense against the ordinances of the said town
is charged, for which a fine of more than twenty dollars is ordained,
the said charges shall be heard and determined in an action of
debt, to be brought in the name of the Town Council for the re-
covery of said fine before a Court having jurisdiction of causes of
action of that amount for Abbeville County; if the fine ordained
mav, according to discretion, be above or below twenty dollars, or
the offense be one for which imprisonment is ordained, the Council
may, according to its opinion of the case, try the offender, and in-
flict a fine less than twenty dollars or imprisonment not exceeding
twenty days, or, in lieu of imprisonment, to hard work on the pub-
lic streets, at the rate of one day for each one dollar of fine, or may
direct proceedings in the Court of Sessions for said County. In all
cases of trials to be had before the said Town Council, the party
charged shall be cited to trial by a service upon him of a summons,
under the hand of the Intendant or any one of the Wardens,
wherein shall be expressed, with certainty, the offense charged and

OF SOUTH CAROLINA. 919

the time ami place of trial, which service shall ho made at lea.^t '^- ^'- ''*"•••
five clays before the day of trial ; and all persons so charged may ^-^^^"^-^
be required to give bond with security for their appearance to an-
swer said charge, or be kept in confinement until the day appointed
for trial.

Src 7. That all fines imposed by the said Town Council for any Fine?,
violation of ordinances, or any default in the performance of street
duty, shall be collected by fieri facias^ and the said Town Council
shall have power to procure and compel the attendance of witnesses
by process similar to that which by law Magistrates or Trial Justi-
ces may use in the trial of small and mean causes.

Sec. 8. That the Intcndant and Wardens of said town shall have Licenses,
full and only power to grant or refuse licenses for billiard tables,
ten pin alleys, and to keep taverns, or retail spirituous liquors
within the said limits, which licenses shall be granted in the same
manner and upon the same condition as they now are, or may here-
after be, under the laws of the State; and all the powers vested in
the County Commissioners are hereby granted to the said Intendant
and Wardens, within the said limits, and all moneys paid for licenses,
fines and forfeitures for retailing spirituous liquors, keeping taverns
and billiard tables, and ten pin alleys within said limits without
licenses, shall be appropriated to the public uses of the said corpo-
ration : Provided, That the Intendant and Wardens duly elected
and qualified shall not have power to grant any licenses to keep a
tavern or to retail spirituous liquors to extend beyond the first of
January after the expiration of the term for which they shall have
been elected.

Sec. 9. That it shall be the duty of the said Intendant and Ward- RoaJs nmi
ens to keep all roads, streets and ways within their corporate limits ^t^'^^t^- **^-
open and in good repair, and for that purpose they arc invested with
all the powers granted to the County Commissioners ; and they shall
also have power to compound with all persons liable to work the
streets, ways and roads in said town, upon such terms as they shall
l)y ordinance establish, the money so received to be applied to the
public use of the naid corporation, and all persons refusing or fail-
ing to pay such commutation shall be liable to such fines and penal-
ties as the said Town Council may impose; and no person residing
within the said limits shall be liable to work on any road or bridge
without the said limits, or be taxed or assessed for the same.

Sec. 10. That the Intendantand Wardens shall also have power
to require license fees from itinerant peddlers and auctioneers sell-
ing at public auction, and to collect liaenses from all persons repre-
senting publicly W'ithin the corporate limits for gain or reward any
plays or shows of what nature or kind soever, to be used for the

920

STATUTES AT LARGE

A. D. T!"

Annual tax.

Returns of
property.

Executions.

purposes of saiil corporation ; they shall also have power to impose
an annual tax not to exceed the rates per centum or sums herein-
after .s[)ecified upon the following property, and after the following
manner, that is to say: twenty cents on every hundred dollars of
the cash value of all real and personal estate, (the real estate of all
churches and school association.s excepted,) which valuation shall
be ascertained and fixed by the Town Council for the time being :
Provided, That if the owner of any real estate shall consider him-
self aggrieved by such valuation, he shall have the right to appeal to
a special jury of five freeholders, to be drawn by ballot from the
list of persons who own real estate and are residents within said
corporation, to whom the matter shall be submitted, and whose de-
cision shall be final ; fifty cents on each dog.

Sec. 11. That the owners of all property upon which a tax is
herein authorized to be levied shall make their returns upon oath
to the Town Council of the amount or value thereof, as the case
may be, during the mouth of January, in each year, and pay the
taxes thereon by the first day of March next ensuing, the rate of
taxes to be imposed under this Act to be fixed and adopted by the
said Town Council by ordinances during the mouth of January of
each year.

Sec. 12. That the said Town Council shall have power to enforce
the payment of all taxes and assessments levied under the authority
of this Act against the property and persons of defaulters to the
same extent and in the same manner as is provided by law for the
collection of the general State tax, except that executions to enforce
the payment of the town taxes shall be issued under the seal of the
corporation and directed to the Town Marshal or other persons
especially appointed by the Council to collect the same, the money
so collected to be applied to the public uses of the said corporation ;
and all property upon which a tax shall be levied and assessed is
hereby declared and made liable for the payment thereof in pre-
ference to other debts due by the person owning the property at the
time of the assessments, except debts due the State, which shall be
first paid ; and that each Town Council shall, on the first day of
September, previous to the expiration of their term of oftice, make
out and file in the office of the Clerk of the County a full exhibit of
their receipts and expenditures, and furnish to their successors,
when elected and qualified, a copy thereof, and shall, within one
month after the expiration of their term of office, pay over all
moneys in iheir hands belonging to the corporation, and deliver up
all books, papers and other records incident to office to their suc-
cessors, and on failure to do so shall be liable to the punishment
prescribed in the fourteenth Section of this Act.

OF SOUTH CAROLINA.

Sec. 13. That tlic Iiiteiidaut and Wunli-ii.s .shall have power, and
arc horcby authorized, to elect or appoint one or more Town Mar-
!?hals, who shall be sworn in and invested with all jjowers Constahle.s
now have by law, and whose jurisdietion and authority shall be
confined to the corporate limits of said town; and the Intendant
and Wardens, or any one or more of then), are hereby authorized
to re(juire the ^faishal of said town, or any special Constable ap-
pointed by said Intendant and Wardens for that jjurpose, to com-
mit to the Jail of Abbeville County or other secure place of cus-
tody, for a time not exceeding twenty-four hours, any jierson who,
within the corporate limits of said town, may be engaged in a
breach of the peace, any riotous or disorderly conduct, open (jb-
scenity, public drunkenness, or in any conduct grossly indecent or
dangerous to the citizens of said town or any of them ; and all
persons so imprisoned shall pay all costs and expenses incident to
their imprisonment, which said costs and expenses shall be collected
in the same manner as is provided by this Act for the collection
of fines imposed for violation of ordinances: Provided, That such
imprisonmeut shall not exempt the party from the payment of any
fine which the Council may impose for the offense for which he may
have been committed.

Sec. 14. That for willful violation or neglect of duty, raalprac- Penalty for
tice, abuse or oppression, the said Intendant and Wardens, severally, '^'^'^'*^^-f-^'=-
shall be liable to indictment in the Conrt of Sessions, and, upon
conviction, to imprisonment and fine not exceeding one hundred
dollars, or in.prisonminit not exceeding sixty days, or both, at the
discretion of the Court, besides being liable for damages to any per-
son injured.

Sec. 15. That this Act shall be a public Act, and continue in
force for twenty years, and until the end of the Session of the Le-
gislature then next ensuing, and that all Acts and parts of Acts
heretofore passed inconsistent with or repugnant to this Act, be,
and the same are herel)y, repealed.

Approved March 17, 1875.

AN ACT TO Conker tiieRiciits of LKoiTiMArY upon AVri.T.rA>r No. 730.
H. Pruit, of Andi:i!son County, South Carolina.

Be il enacted by the Senate and IIou.sc of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That William H. Pruit, son of w.ir. P
Joshua Pruit and R. E. Pruit, of the County of Anderson, born out ''^•^'""""^-

nut

922 STATUTES AT LARGE

A. P. 1S75. of wedlock, be, and he is herehy, invested with all the right.^^ and
^ ^ privileges of a legitimate child, in the same manner, and to the
same extent, as if he had been born in lawful wedlock; and upon
the death of his said father, Joshua Pruit, (provided he should die
intestate,) he, the said William H. Pruit, shall inherit the property
of his said father in common with his other legal heirs.

Approved March 17, 1875.

No. 740. AN ACT to Authorize the Fayetteville axd Florence
Railroad Company to Extend their Road from the
North Carolina Line, near McInnis' Bridce, to Florence,
IN THIS State, and for other Purposes.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That the Fayette-
ville and Florence Railroad Company, a corporation duly authorized
and existing under and by virtue of the laws of the State of North
Carolina, is hereby fully authorized and permitted to construct a
Line of road, railroad from a point on the North Carolina line, where the survey
and location of said company's road terminates, near McInnis'
Bridge, to Florence, in the State of South Carolina, and to operate
and manage the same, or any part thereof, when so constructed.
J, , f^. Sec. 2. That for the purpose of raising the means to construct
scription. gaid road, and to equip aud operate the same, the said company may

open books of subscription in this State to the capital stock thereof,
at such time, in such places, in such manner, and under the super-
vision of such persons as the President and Directors of said com-
pany may authorize, and to close and re-open the same at pleasure,
until the amount required to construct, equip and successfully
operate the same, has been obtained.

r, , Sec. 3. That the Favetteville and Florence Railroad Company

General pjw- ^ - , ' •'

ers- shall be capable, in this State, of purchasing, holding, selling, leas-

ing and conveying estates, real, personal and mixed, and of acquir-
ing the same by deed, gift, devise, or otherwise, so far as shall be in
accordance with the object and intent of this Act, and shall have
perpetual succession, and, by their corporate name, sue aud be sued,
plead and be impleaded in all the Courts of this State, and may
have and use a common seal, which may be altered or renewed at
pleasure, and shall have and enjoy all other rights and immunities
which other railioad companies may and of right do exercise, and
may make all such by-laws and regulations as are necessary for the

OF SOUTH CAROLINA. 923

government of said corporation, r)r ufTectin;^ the object for whicli it -^- ''• i^"-

is created, tiot inconsistent witli the Constitution and lawa of tlii-

State.

Skc. 4. That said company shall be cluly aiuiiorized to collect all >r .. ,

* ^ "^ .viii} cm '1 '■*-

the stock subscribed for, upon the terms and conditions, and at the i^Y'"""*. "'
time and in the manner agreed upon between the subscriber and the
company at the time of making the subscription. Tiic company may
at any time after giving thirty days' notice in one or more news-
papers published in the vicinity of the line of road, sell the stock
of any delinijuent subscriber, and in case said stock does not pro-
duce a sufficient amount to pay the subscription, or any balance
thereof unpaid, then the company may recover in an action such
deficiency from the subscriber, iu any Court of competent jurisdic-
tion. No stock shall be transferred until the same shall have been
fully paid or secured to be paid to the satisfaction of the company.

Sec. 5. That said company, to aid in the construction, equip- Mny bon-Dw
ment and operation of its road, may borrow money on the credit of ™"°'^-^* ''^'*^-
the company and on the mortgage of its charter, franchises and
works, or any part thereof; and the manner in which the same may
be done shall be directed by the stockholders, or by the President
and Directors of said company, under the authority of the stock-
holders.

Si:c. 6. That said company may begin the construction of said ^Vben miy
road at any point that it mav determine, and shall have the power |'.<'P'n^"n^«[^«t-

•' * .. ' 1 lion 01 rci:iil.

of using any portion of the road constructed by them before the
whole is constructed, and may charge for transportation thereon.

Sec. 7. That said company shall have the right, when necessary, May construct
to construct said road across or alongside of any public road : Pro- 'u''i]iic"'roifd'''''
tided. That said company shall not obstruct the public highway
until they have constructed as good a road, and as near the old one
as practicable.

Sec. 8. That when any lands or right of way may be required j^. u.^^.,,. ,..
by said company within the limits of this State for the purpose of
constructing said road, buildings, warehouses, water stations, work-
shops and repositories, or for any materials or other necessary
grounds for buildings or works for the use of said company, and, for
want of agreement as to the value thereof, or from any other cause,
the same cannot be purchased, the same may be taken at an assessed
valuation, to be made by a jury, iu the manner directed and provided
in an Act entitled "An Act to declare the manner by which the
lands, or the right of way over the lands, of persons or corpora-
tions may be taken for the construction and uses of railways and
other works of internal improvement." approved 2'2d day of Sep-
tember, A. D. 18G8, fur ascertaining the compensation for right of

924 STATUTES AT LARGE

A. D. i*^". way: Provided, That the right of coudemnation shall not authorize
^ ^ "" the tuking of more than eighty feet on eiieh side of the centre line
of the road-bed, except when tlie neccssiities of the company shall
require more, an4 to the taking of more than ten acres at any one
place or station for sites of workshops, depots, or other necessary
buildings: And provided, That said company shall not invade the
yard, garden or graveyard of any person without permission.
ExL-iusivo Sec. 9. That said company shall have the exclusive right and
"^ ■ privilege of conveyance of persons and freights over said railroad,

at charges to be fixed by the company.
Counties, Sec. 10. That the authorities of any incorporated city or town in
townsnmysub- this State, or of any County, or any other corporation within or
striijo to stock. ^yjtijQyt ti^is State, shall have full power and authority to subscribe
to the stock of said company, purchase or guarantee its securities
and contracts to such an amount as they may be duly authorized
by the inhabitants of the cities, towns and Counties, or the consti-
tuted authorities of any other corporations, and may borrow money
and may issue evidences of debt upon such terms and conditions as
they may be authorized, to pay or secure such purchases or guaran-
tees, and may levy and collect taxes to pay the same: Provided,
That no subscription to the stock of said company or guarantee of
its securities and contracts shall be made, or n\,oney borrowed, or
evidences of indebtedness issued, or taxes levied and collected to
pay the same by the authorities of any County, city, town or vil-
lage in this State, for any amount in excess of five per centum of the
assessed value of the taxable property of such County, city, town
or village, without the approval of a majority of the legal voters of
such County, city, town or village expressed at an election duly
held for such purpose according to law.

Sec. 11. This Act shall be in force from and after its passage.

Approved March 17, 1875.

No. 741. AN ACT to Amend an Act entitled " An Act to Re-Char-
TEU White Hall Ferry, in Beaufort County.

Be it ennded by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same, That an Act entitled "An Act to

R:ites of toll re-charter White Hall Ferry, in Beaufort County," be, and the same

forohUdren. .^ i,ereby, amended, by inserting between the word "cents" and the

word "and," on the tenth line of Section i thereof, the following

OF SOUTH CAROLINA. ii25

word.-, to wit: '" lOxccpt children under nCteen years of age, for -^- "• i^"'
whom the rate of toll shall be five cents each." That all /::hildreu ''^^^

under eight yeans shall pass without any c'har;:;e whatever.

Approved INIareli 17, 187").

AN ACT TO Extend the Tkkms of a Chauteu to Incoupo- No. 742.
KATE THE Town of "Woodri-ff.

Whereas the General As.«ombly of South Carolina did pass an preamble.
Act entitled " An Act to incorporate the town of Woodruff", in the
County of Spartanhurf^," approved March 14,1874; and whereas
Section 2 of said Act provides for the election of an Intendant and
six Wardens, which election was ordered to be held on the second
]Monday in May, 1874, under the management of A. B. Woodruff",
Dr. I). D. Westmoreland, N. B. Davis, A. D. Chamblin and Jesse
Leatherwood ; and whereas said election was not held at the time
above specified, from the fact that said Managers were not apprised
of the terms and conditions of this Act until the time appointed
for the holdidg of said election had passed by, thus rendering the
remaining portion of said Act of doubtful validity ; therefore,

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and l>y the authority of the same. That the Managers named in Election,
said Act, substituting the name of B, E. Fowler for N. B. Davis,
who has since died, be, and the same are hereby, authorized and
empowered to appoint some suitable day, and after having given
public notice thereof, at least ten days beforehand, hold said elec- Vniidatinp
lion, conforming in all other respects to the requirements of the fJr oTtowu.*""
Act before mentioned ; and that said Act be and remain of full
force and virtue in all other respects.

Approved March 17, 1875.

AN ACT TO Authorize the Charleston, South Carolina, No. 743.
Mining and Manufacturing Company to Construct a
Private Railroad from the Plantation known as " Mag-
nolia," ON the Ashiey River, alongside of the St. An-
DREwV Road, on the East, to the Bee's Ferry Road, or to

SOME intermediate POINT.

JOe it enacted by the Senate and House of Representatives of the
Slate of South Carolina, now met and sitting in General Assembly,

926 STATUTES AT LARGE

and l)y the authority of the same, That the Charleston, South Caro-
lina, Mining and Manufkctufing Company is hereby authorized to
construct a railroad or tramway from their plantation, on the
Ashley River, in St. Andrew's Parish, known as " Magnolia," to
the Bee's Ferry Road, or to some intermediate point, and for that
j)urpose to lay their track along and across any public highway:
Not to inter- Provided, That such i)recaution3 are taken as to offer no hindrance

fere with pub- • i . i mi • i

lie. to the public use 01 such way : And provided, Jurfner, Ihat the said

company keep in good order, at its own expense, the public road
alongside of its track, so long as the same is used by the said com-
pany for the purposes aforesaid : Provided, That the said railroad

operated. shall be operated only by dummy fireless steam engines or horse

power.

Approved March 17, 1875.

Xo. 744. AN ACT to Incorporate tue Town of Westminster, in the

County of Oconee.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same. That from
Corporators, and after the passage of this Act all citizens of this State who
have resided thirty days in the town of Westminster shall be
deemed, and are hereby declared to be, a body politic and corporate,
Corporate and the said town shall be called and known by the name of West-
name, minster, and its corporate limits shall extend three-quarters of one
limi'tJ.''"'^'^''' mile from the point of crossing of Main and Broad streets, in a
directif)n due north, east, south and west, and shall include a square
formed upon the extremities of lines so drawn.

Sec. 2. That said town shall be governed by an Intendant and
four Wardens, who shall be citizens of the United States, and shall
have been residents of the said town for sixty days immeiliately
preceding their election, and who shall be elected by the qualified
voters of the said town on the fourth Monday in March, 1875, and
every year thereafter on the fourth Monday in March, ten days'
public notice thereof being previously given; and that all the male
inhabitants of the age of twenty-one years, citizens of this State,
who shall have resided in the said town for sixty days immediately
preceding the election, shall be entitled to vote for the said
Intendant and Wardens. For the purpose of holding the first
election under this Act, the Clerk of the Court of Common Pleas
of Oconee County shall designate three suitable persons, citizens of

Officers.

Electors.

Managers.

OF SOUTH CAROLINA. 927

the said town, (n act as ^^}U)agc•rs of Election ; and that tho -^ '* ''''•
lMtt'n(hinl and Wardens for the time hcing .shall ainni:dly aj)ii(iint
jManagcrs to conduct each ensuing election.

8kc, o. That the paid corj)onition shall have the same jjowers Invcxtod with
and privilege?, and he suhjeet, in every respect, to the provisions of confirrVd 'in

1 1 . . 1 X ^1 i f -vT- . o- I * X x-xj 1 cluirlorof town

the charter granted to the town ot iSinetyoix, l)y an Act entitled „r Niuciy-.Six.
" An Act to incorporate the town of Ninety-Six," approved March
13, 1872.

Skc. 4. This Act .shall ho deemed a j)ublic Act, and jihall con-
tinue in force until repealed.

Approved March 17, Ls75.

AN ACT TO Amend ax Act entitled " An Act for the In- No. 745.

CORPORATION OP THE ToWN OF GeORCJETOWN."

Section 1. Be it enacted hy the Senate and House of Representa-
tives of the State of South Carolina, now met and sitting in General
Assembly, and by the authority of the same, That an Act entitled Corporate
" An Act for the incorporation ot Georgetown, approved Decem-
ber the 19th, A. D. 1805, be, and the same is hereby, amended so
as to extend the limits of the said town from its present boundary
line, on theSampit River, to Sampit Ferry, thence along the old
Charleston road leading to said ferry, in a direct line across the
Sampit road to the Black River road, thence to the present limits
of the town.

Sec. 2. That when the above mentioned territory shall have been Privileges
incorporated a.s a portion of said town, the inhabitants thereof shall "° '"^' "'^'
be entitled to all the rights and privileges, and be subject to all the
duties and liabilities which now attach to the corporators of the
town of Georgetown, or which may hereafter be created by law.

Sec. 3. That every description of property, real and personal, property sub-
situated, used or occupied within the limits of the said town, which {•'„,',_ '" *"^""
is now subject to taxation, or which hereafter may be made so by
the General A.ssembly for the support of the State Government,
shall be, ami the same is hereby, made the subject of taxation by
the Intendant and Wardens of the town of Georgetown, for the
support of the gavernmcnt tlieret)f".

Sec. 4. That immc<liately after the passage of this Act the present ^^j. ^^ ^^

Town Council be, and they are hereby, renuired, prior to the ensu- '•"'*"''>«"'l into

. . . I wnnls.

ing municipal election, to divide the town into wards, so as to em-
brace the new territory, either bv extendin<r the limits of the old
^vards, or by creating new wards ; and each ward so extended or

928 STATUTES AT LARGE

A. D. IS", created shall be entitled to a representation in Council of one
-7. T "■ Wardon, who shall be elected at the rcgnlar municipal election, by

M arJ rtpro- ... ...

sentation. a niajorily of the votes cast at the said election in the ward.

Registration. ^^'^- ^- That it shall be the duty of the Town Council, on or be-
fore the twenty-third day of March, 1875, to cause to be registered
in the several wards of said town all the qualified voters living
therein, and to cause a like registration to be made each succeed-
ing year, at least ten days preceding every municipal election, and
no person who has not duly registered his name and resided ten
days within the corporate limits of said town previous to the date
of such municipal election shall be entitled to vote : Provided, how-

Notice of ever. That the said Town Council shall give public notice of the
same. . , , . . , . . , , ,

time and place or opening such registration books at least two

weeks preceding such election, by proclamation duly published in
the newspaper having the largest circulation in the said town.
"When polls ^^^- ^- That after the passage of this Act, the polls on the day
and^'cios^a'^"'^'^ °^ election siuill be open at six o'clock A. M., and close at six
o'clock P. M.

Sec. 7. That all Acts or parts of Acts inconsistent with the pro-
visions of this Act be, and the same are hereby, repealed.

Office Secretary of State,

Columbia, S. C, March 19, 1875.
The foregoing Act having been presented to the Governor of this
State for his approval, and not having been approved or returned
by him to that branch of the General Assembly in which it ori-
ginated within the time prescribed by the Constitution, has become

a law without bis approval.

H. E. HAYNE,

Secretary of State.

No. 746. AN ACT to Provide for Holding a Certain Election in

Barnwell County.

Section 1. Be it enacted by the Senate and House of Keprescn-
tatives of the State of South Carolina, now met and sitting in Gen-
Governor to ^^^^ Assembly, and by the authority of the same, That immediately
missioliW'of ^^"-^^ ^^^ passage of this xict the Governor shall appoint three (3)
election. Commissioners of Election for Barnwell County, one of whom shall

be from the town of Blackville, one from the town of Barnwell, and
one from the town of Allendale, in said County, and shall issue his
proclamation directing and requiring the said Commissioners, on a

OF SOUTH CAROLINA. 929

(lay tliorein to be Jiiuiii'd, not oxot'cdiDg .sixty days from the date ^^- "• ''*"'•
thereof, to oi)ci» the polls at the viiriuii-* election prociiict.s in the „ .

, , -111- • " i«"ii<' pro-

eaid CoJinty I'or tho purpose ofholdinij an election to determine the i-i'iiintion <,f

, 1 1 I • ,. , ^, c-loclion to ell-

will or the people as to the location of the County .><eat ot saiu tcrminc lucal-
,, ' ' ■' ity of County

County. Dcui.

Si:c. 2. That at such election the voting shall be by ballot, each .f «•

° •' ' iMnnncr oi

qualified voter of the County bein;^ entitled to one vote, upon which ^'"'"'k-
.shall he written or i)rintetl, or partly written or prinleil, the name
of the locality at which he desires the County seat to be located:
Provided, That, in all respecti', the said election shall be held, con-
ducted and determined as is now provided by law for the holding
of elections for State and County officers.

Skc. .'». That upon the cauva.ssing of the votes given at such Certificate of
cleetion, the Commissioners of Election shall certify to the Board of [oCuuiityCom-
County Commissioners for said County the number of votes yiveu """"""^''"''•
for each locality, and the locality receiving the greater number of I-ifLniity rc-

I 11 > (• 1 1 1 /-I /■ • 1 y->i coivinir miijor-

votes shall thenceforth be the County seat oi said County, at which >'>' "' votus u>

1 1 1 !• /!• 1 11 1 11-11 - 1 /-< . be (-onnty.«eat.

place tho public omees shall be established, and the Courts thence-
forth be held: Provided, That the expenses incurred in holding said County not lia-

, .. 1 II . 1 -11 -1 1 /-I 11 l)li' for electLon

election shall not be paid by either the County or State. i-xiicnst-s.

Sec. 4. That should Biaekville be so determined on as the rv .

Duty of

County seat of the said County, the County Commissioners ibr said ("'!'"><>■ t*"™-

/-i 1 11 • 1 • 1 1 n- niis^Kinors if

County shall, within thirty days after the holding of such election, liinikviiic be

, ., ,. T^, ,, (Iftlared Coan-

re-purchase the Court House building at Biaekville, with its privi- tJ' seat,
leges and appurtenances, from the party or parties to whom the
same was sold, pursuant to the provisions of the aforesaid Act, if
the same can be obtained at a price not exceeding the price at
which he or they bought the same; otherwise, shall provide some
other suitable and proper building for holding the Courts for said
County, and for the public ofHcers of the said County, at Biaekville;
and shall also provide a jail at Biaekville for the custody of pris-
oners; and shall also provide for the removal to Biaekville of all
public records, books and pai)er3 of the said County; and the
County officers in charge of all such public records, books and Couutyoffiecrs.
})apers shall forthwith remove the same accordingly; and all the
jniblic ofKces of the said County, which by law are required to be
kept at the County seat, shall thereafter be kept at Biaekville,
as the County seat of said County, and all terms, regular and special,
of the Courts of General Sessions and Common Pleas, and of Pro-
bate, shall thereafter be hold by the Judges thereof, respectively, at w^n|ei4M"Air'
Biaekville; and all jurors, witnesses and parties heretofore sum- „ „.

nioned, recognized, or otherwise ordered to appear at any of said b<>ri't..i'..rc re-
° • ' ' t u r n H b I c nt

Courts appointed to be held at the town of Barnwell shall appear it'nnvi-u tobo

' * ' ' rcturiialiic at

at such Court to be held at Biaekville, and all processes heretofore l!i;"^viiio.

930 STATUTES AT LARGE

A. D. IT', issued and made returnable to the said Courts to be held at the
^ town of Barnwell shall be returnable to the said Courts to be held

at Blackville.

Skc. 5. Tiiat all Acts or parts of Acts inconsistent with this Act
be, and the same are hereby, repealed.

Approved March 19, 1875.

No. 747. AN ACT Relati vk to Certain School Officehs in the County

OF Darlington.

Section 1. Beit enacted by the Senate and House of Representa-
tives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same, That there shall
be, in the County of Darlington, in this State, a Board consisting

County school of three (3) members, which shall be known by the name, style and
poiinmelluand title of Board of County School Examiners, which shall be com-

"'"'^' posed of the County School Commissioner of the said County, who

shall be exofficio Chairman and Clerk of the Board, and two (2)
other members, one of which shall be apj)ointed by the State Su-
perintendent of Education, and one by the Judge of the Circuit in
which said County is a part. Their term of office shall be two
years ; and in case of vacancies existing for any cause in the case
of the two members appointed, they shall be filled by the officers so
appointing. It shall be the duty of the Board of County School
Examiners aforesaid to examine all persons offering themselves as
candidates for teachers of free common schools in the said County
in regard to moral character, learning and ability to teach a school,
and to give to each person so examined and found qualified, cer-
tificates of the following grades, to wit : Certificates of the first
grade for teaching grammar schools ; of the second grade for teach-
ing unclassified or intermediate schools; of the third grade for
teaching primary schools ; such examination to be renewed eveiy
year; and no person shall be employed to teach in any of the
common or public schools of the County of Darlington who has
not a certificate of either of the before mentioned grades from the
Board of County School Examiners or from the State Superintendent
Certificates, of Education. Said certificates shall be issued to such persons only
issued!™ " '^ as shall have passed a satisfactory examination in the studies pur-
sued in the specified grades of the public schools, and shall have
given evidence of a good moral character, and of ability and fitness
to teach, and shall be signed by the majority of the said County
Board of Examiners. The said Board shall also have power to

OF SOUTH CAROLINA. 931

revoke liny certificate by them is:?uc(l, u[)()ii evidence of immoral or -^- r>. i^"'.
uiiprofesiiioiial condiiet on the part of any perdon holding the
same. The State Superintendent of Education shall be ex officio a
member of said County Board of School Examiners.

Si:c. 2. That each School District in said County shall l)e con- Management
fined to the management of the Board of School Trustees, as here- iricfg!''""' **"
inaftcr provided for, and the said Trustees shall be exempt from
militia and road duty, and payment of poll tax.

Si:c. 3. That in each School District of the said County there
shall be elected by the qualified voters of each District, at a Dis- Election of
trict School meeting, to be held at such place as the County School tec:!.'
Commissioner shall name or provide, three District School Trus-
tees ; and the said School Commissioner shall give at least five
days' notice, by posting a written'notice in three of the most con-
spicuous places in such District, of the time and place of such
meeting. At said meeting three School District Trustees shall be
elected for the term of one, two and three years, respectively, or
until their successors are qualified; such terms to be de-
cided by lot, in the presence of the chairman of said meet-
ing; and each succeeding year thereafter one Trustee shall
be elected for the full term of three years: Provided, That
the said election, and every succeeding election for District School -r- , ',

' ■' *= Timeofelec-

Trustees, shall take place on the last Saturday in June in each year, '^""•
the time of the h.ilding of the annual meeting of the several School
Districts, five days' notice of said meeting, its time and place, being
given, as hereinbefore provided: Provided, further, That the notice
for every succeeding election after the first, as provided for in this
Act, shall be given by the Chairman of the Board of Trustees of
the respective School Districts.

Sec. 4. That if the qualified voters of any School District shall
fail to meet and elect School Trustees, as prescribed in the next pre-
ceding Section of this Act, it shall be lawful f<jr any ten qualified
voters of such District to call a special meeting of the voters . "^pfpinl eloo-

, n 1 • r,^ *'*•"• '"^hen an<l

thereof, tor the purpose ot electing Irustees, on first giving five •'«« to i>c held,
days' notice, in writing, of tJie time and {)lace of holding such meet-
ing; and the Trustees so elected at such special meeting shall hold
their office for the same terras as if elected on the last Saturday in
June, as prescribed inthe next preceding Section of this Act, excej)t
that their said terms shall be considered as having commence*! on
the last Saturday in June next preceding the time of holding such
special election. And should the qualified votei-s of any of the
School Districts fail to meet or comply with the provisions of this
Act, and elect School Trustees, then the County School Commis-
sioner shall appoint, for such delinquent School Districts, by and

932 STATUTES AT LARGE

A. P. i«T". -with the advice and consent of the members of the County Board
'" " of School Examiners, such Trustees, whose term of office shall be

regulated as in the case of Trustees elected at special election."-, as
hereinbefore provided, that is, their said terms shall commence
on the last Saturday in June preceding their appointment: Pro-
vided, That if the School Trustees of any "School District elected
or appointed to perforin any of the duties herein required, or re-
quired in Chapter XXXIX of the General Statutes of South Caro-
When and !•"&. shall fail or refuse to perform any of the said duties, the said
ma^y b'^e^r^e- Trustees shall be removed on petition of twenty of the legal voters
moved, ^f ^j^g District for which the}' were elected or appointed by the

School Commissioner of the County of Darlington, and a new elec-
tion shall be ordered, in the usual form, to fill such vacancies ; and
in case no election is held by the qualified voters of such District,
how fiikd?"^^' then the vacancies shall be filled by appointment by the School
Commissioner, by and with the advice and consent of the County
Board of School Examiners: Provided, further, That no such removal
of Trustees shall be made if good and sufficient cause can be shown
why the Trustees have failed to perform the duties of their office.
Sec. 5. That it shall be the duty of the Trustees in each School
dutfJso7sch°oi District- of the said County to take the management and control of
rus^tees. ^^^ j^^^^ educational interests of the same, subject to the supervision

of the County School Commissioner, and to visit the school or

schools of the District at least twice each term, by one or more of

their number, with such other person or persons competent to ex-
amine pupils in their studies as they may choose to invite. They
shall have power, and it shall be their duty, to provide school houses
with maps, black boards, furniture and other necessary appendages,
including library and cabinet cases, if deemed expedient; to pro-
vide books for the indigent children in their district, and to cause
the same to be paid out of the school moneys raised in and belong-
ing to their Districts for such purposes. They shall divide the
public schools within their Districts into primary, intermediate and
grammar school departments, and employ competent and legally
qualified teachers for the instruction of the different departments
whenever they shall deem such division into departments advisable,
provided there be sufficient means for all such departments, and if
not, then in the order in which tliey are herein named. They shall
also have power to suspend or expel from any public school in their
District, with the advice of the teacher, any pupil who will not
submit to the reasonable and ordinary rules of discipline therein.

Sec. 6. That all Acts or parts of Acts inconsistent with this Act
are, for the purposes of this Act, hereby repealed.

Approved March 20, 1875.

OF SOUTH CAROLINA. 933

AN ACT TO Drcr.AisE Cf.iitain LEri.M- IFomdays. a.d. istv

Be it enacted by tlic Senate aud House of Representatives of tlie No. 748,
Stato of South Carolina, now met and ^-itting in Guncral Assembly,
and by tlit; authority of the same, That national thanksgiving days, i^o(f„ii»oli.l!iy!i.
and all general election days, the first day of January, the twenty-
second day of February, the fourth day of July and tlio twenty-
fifth day of December, of each year, shall be, and are hereby
declared, legal holidays.

Approved March 20, 1875.

AN ACT TO Vest all the Right and Title of the State in j^q, y^'j.

AND TO CeKTAIN PKOrEliTY SUBJECT TO EsCHEAT IN CERTAIN

Peusons Therein Mentioned.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
aud by the authority of the same. That all the right, title and Certain
interest of the State in and to the real estate of Anthony Coats, pro%erty.M»
deceased, situate in the County of Anderson, containing one hundred ^^"°™v<^^^*^ •
and fifty acres of land, more or less, now liable to escheat, be, and
the same is hereby, vested in ]Mary Smith, Nathaniel Smith, John
Owen and AVillis Pegg, their heirs, administrators or assigns,
f.jrever : Provided, That before the said title shall vest, the said
parties shall pay all the just debts of the said Anthony Coats, de-
ceased.

Approved March 20, 1875.

AN ACT TO Provide for the Knumeratiox ok thk Tmiaiu- No. 750.

TANT8 OF the StATE.

"Whereas by the fourth Section of the second Article of the Con- Preamble,
stitution of this State, a^ ratified on the fourteenth and fifteenth and
sixteenth days of April, A. D. 18ii8, it is provided that, for the
purpose of an apportionment of the Representatives of the several
Counties of the State, an enumeration of the inhabitants shall be
made in LSOO, and again in 1875, and shall be made in the course of
every tenth year thereafter, in such manner as shall be by law
directed:

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met aud sitting in General
61

Proviso

934 STATUTES AT LARGE

A. D. 1ST5. A^f^eml)ly, and by the authority of the siune, That Chapter XXN'II,
Title VI, Part I, of the General Statutes i)t' South Carolina, he, and
the same is hereby, amended as follows, viz : Strike out of Section
strickuii out. 1 of the said Chapter the following proviso: "Provided, That the
number of assistants shall not exeeiul four in eaeh County, except
in the County of Charleston, in which County the number of as-
sistants shall not exceed six." Strikeout of the Sections of the
Chapter, wherever found, the words "Commissioner of the Bureau
Comui'L^sioner of Agricultural Statistics " and " Commissioner," and insert "Sec-
of A^'riciiinu'ai retary of State " in the place thereof. Strike out the following in
vo'ivod o*n Sec- Section 6, viz : " when completed, and forward the same by the
rct.ii> 0 '''''• first day of November," and insert in the place thereof the words,
" which shall be completed and forwarded on or before the fifteenth
(15th) day of September, 1875, and on the same day every tenth year
"When returns thereafter." Also insert between the words "prepared " and "on," in
piutcd? &c.^ "* Section 7, the following, viz : "and forward to the census-takers in
each County," so as to read, "that it shall be the duty of the Sec-
retary of State to have prepared and forwarded to the census-takers
Secretary of ^^ GSich Couuty, On Or before the fifteenth (15th) day of April, 1875,
blanks? &c."'*^ and on the same day every tenth year thereafter, suitable books,
blanks and instructions," &c. Strike out all in Section 7 after " the
General Assembly," in the last line but one, and insert the words
" within one week after it shall have convened at its next regular
session."

Sec. 2. That Section 9 of Chapter XXVII, Title VI, Part I, of

the General Statutes, be struck out, and the following become

Compensation Section 9 : " That the census-takers employed in taking the census

ofcensus , .'. ipn

takers. shall be entitled to receive as compensation in full for all services

rendered the sum of five (5) cents for every name taken, registered

Appropriation and returned in their reports to the Secretary of State. Such com-

to pay same. . 1,11 • 1 ^ . 1 , 1 • r- 1 i> 1

pensatiou shall be paid out of the phosphate royalties for the fiscal

year ending November 1, 1875, which shall be reserved and made

a specific fund for the payment of said compensation and the clerical

How compen- service hereinafter authorized, said compensation to be paid upon

paid. " warrants to be drawn by the Comptroller General whenever he shall

have received satisfactory proof that the services of the claimant

Secretary of ^^"^^ ^^en faithfully rendered ; and the Secretary of State is hereby

Stale to employ authorized to employ such clerical service as will be necessary to

clLTic'iI service i J J

to collate re- assist him in collating and making his returns to the Governor and

turns, Xo. . .

General Assembly, such service to be paid for out of the phosphate
to i)a™s:uue''*° royalties, as before provided, on the Comptroller General's warrant,
on the application of the Secretary of State : Provided, That the
said clerical services shall not exceed the sum of three hundred
dollars."

Approved March 20, 1875.

Vncnncich to

OF SOUTH CAROLINA.

AN ACT TO rUDVIDK FOR THE FlIJ-INO OF ANY VaCAN'CIES THAT

May Occur in' Ckktain State OrFrcix.

Section 1. Be il enacted by the Senate ami House of Represen-
tatives of the State of South Carolina, now met and sifting in
General A.^scinhly, and i)y the authority of the same, That in ca.se
any vacancy shall occur in the office of Comi)troller General, Treas- i><' MIM \>y
urer, Secretary of State, Attorney General, Superintendent of Ldu- gcmijij-.
cation, or Ailjutnnt and Inspector General, by death, resignation or
otherwise, ssuch vacancy s^hall be filled by an election, by joint
ballot of the General Assembly, a majority of the votes given being
necessary to a choice: Provided, however, That if such vacancy ^yj (.^clover-
shall occur durinjr' the recess of the General Assemblv, the Gov- "or "'nv Al'

" _ _• _ vuciincio".

ernor shall fill such vacancy by appointment, until an election by
the General Assembly, as aforesaid, at its next meeting.

Sec. 2. That all Acts or parts of Acts conflicting with the pro-
visions of this Act be, and the same are hereby, repealed.

Approved March 20, 1875.

newL'd.

AX ACT TO Renew the Charter of the Cannonsboro No. 702.
Wharf and Mill Company.

Be it enacted by the Senate and House of Representatives of the
State of South Car(jlina, now met and sitting in General Assembly,
and by the authority of the same, That the charter granted to the
Cannonsboro Wharf and Mill Company, on the 21st day of De- ciuiriorn;-
cember, in the year of our Lord one thousand eight hundred and
fifty-seven, for fourteen years, under Sections 16, 17 and 18 of the
general incorporation Act, passed 21st December, A. D. 18")7,
and which expired on the 21st December, A. D. 1871, be, and
the same is hereby, renewed for a like period of fourteen years
from the said 21st day of December, Anno Domini eighteen hun-
dred and seventy-one.

Approved March 20, 1875.

AN ACT TO Repeal so Much of an Act entitled "An No. 753.
Act to Provide for Granting of Certain Chartfhp," as
Provides for the Gi^antin*; of CuAin'KKs to ^Fimtary
Companies.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,

Uo6 STATUTES AT LARGE

A^. 1875. mjj by tiie authority ol" the same, Tliat so much of an Act entitled

^- , , " An Act to provide fur t'raiitint' of certain charters," approved

to bo prantod February 20, 1874, as provides for the granting of charters to

iomi)iiiiiLs ex- military companies by the Clerks of Court, iji the several Counties

cc'itt .National . , . "L ' .

Uuard. iu this State, be, and the same is hereby, repealed, so far as may relate

to the granting of charters to companies other than the regularly
organized militia of the State, known as the National Guard of
the State of South Carolina.

Approved March 20, 1875.

No. 754, AX ACT to Provide for Extending the Time of Holding
THE Delinquent Land Sales in Several Countie.s of the
State for the Present Year.

Preamble. "Whereas the time for the collection and payment of taxes in

several Counties of the State, for the present year, has been
extended beyond the time fixed by the Act entitled " An Act to
reduce all Acts and parts of Acts providing for the assessment and
taxation of property into one Act, and to amend the same ;"
therefore,

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting iu
General Assembly, and by the authority of the same. That the
Comptroller General be, and he is hereby, authorized and required

Saieofdeiin- to direct the several County Auditors and County Treasurers in

f|uent lands — ' . . *

when to take the Said Countics to extend the times and periods for the publica-

l>lace. , ^ . . ^ .

tion and sale of the delinquent lands in the said Counties provided
for in the said Act, until such times and periods as may, in his
judgment, be necessary to carry out the purpose and spirit of the
said Act; and that all acts done and performed, or required to be
Validating done and performed, by any County Auditor or Countv Treasurer

certain orders . . -ii "ii-.- i i p t' ^ ^•

of Comptroller in conuectiou With the publication and sale or such delinquent
lands, pursuant to such directions of the Comptroller General, shall
be, in all respects, as legal, and have the same force and eti'ect as if
the same acts had been done and performed at the times and
within the periods specified in the said Act.

Sec. 2. That all Acts and parts of Acts inconsistent with this
Act be, and the same are hereby, for the purposes of this Act,
repealed : Provided, That the provisions of this Act shall not
extend beyond the year 1875.

Approved March 22, 1875.

OF SOUTH CAROLINA.
AN ACT REQUiKTNCi Certain Pehhonr, Formerly Treasurers

or THE C'OUN'TIKS OF DaRLINOTON, AnDERSOX, SrARTANRURO,

Sumter and Beaufort, to Turn Over All CnECKs, Vouch-
ers, Papers or Accounts to the County Commissioners of
said Counties.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That K. J. Humplirey, J. Wright
and J. M. Iknwn, Ibrmcrly Treasurers of the County of Darling- f,,'rn*'"v"'r'"'-
tou, and Daniel Brown, late Treasurer of Anderson County, J. P. U''" pnn";? t"

' ' .' ' Co u n ty Com-

F. Camp, formerly Treasurer of Spartanburg County, T. J. Cog- "'issioncrs.
Ian, formerly Treasurer of Sumter County, E. L. Kuh and F. E.
Wilder, formerly Treasurers of Beaufort County, be, and they
are hereby, directed and required, within sixty days after the pass-
age of this Act, to turn over all checks, vouchers, papers, or ac-
counts which were received by them officially, while conducting the
affairs of their office, to the County Commissioners of said County,
and take from the said Commissioners a certified statement or re-
ceipt lor the same. And if either of the aforementioned parties
shall neglect or refuse to obey the requisition herein contained, such
party or parties shall be held guilty of a misdemeanor, and, upon
conviction, shall be liable to a fine of one thousand dollars, and refusal so to do.
imprisonment not exceeding twelve months. And it shall be the
duty of the Solicitors of the Circuits, of which said Counties are a
l)art, on the request of the Boards of County Commissioners of
Darlington, Anderson. Spartanburg, Sumter and Beaufort Coun-
ties, to prosecute such delinquent party or parties, so that the j)en-
alties of this Act may be carried out.

Approved March 2'.i, 1^75.

AN ACT to Charter the Greenville and Cumberland No. 7.JG.
Gai' Railroad Company.

Section 1. Be il enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in
General A.=spmbly, and by the authority of the same. That G. H.
Walter, W. J. Magrath, J. M. Baxter, J. N. Martin, J. S. Cothran, ^''^''«'"'«^-
J. Harvey Cleveland, S. Stradley, W. E. Earle, T. C. Gower, J. A.
David, V^ E. McBee.T. Q. Donaldson, A. M. Aiken, David Coleman,
H. T. Farmer, Eli Patton,S. S. Crittenden, and their associates and
successors, be, and they are hereby, declared a body politic and nam'l'''"'^'^'*'

Or.8 STATUTES AT LARGE

A. T). 1''". corporate, uiuler the name and style of " The Greenville and
^ Cumberland Gap Railroad Company."

Sec. 2. That the said company are authorized to construct a rail-
Lino of road, road from the city of Greenville, in the State of South Carolina, to
the North Carolina line, at such point as the said company may
determine, with the privilege of connecting with any railroad to be
constructed in the State of North Carolina, with all the rights,
ril-Ut's'^lve^''!!' privilefjes and immunities granted to the Greenville and Columbia
(inenViUL'^iiiid Railroad Company, under the Act incorporating the same, and
CoininbiaR.R. jj^g gevcral Acts amendatory thereof, so far as they may be appli-
cable to the purposes of the charter hereby granted: Provided,
That nothing herein contained shall be so construed as to exempt
said company from taxation.
^ , Sec. 3. That said company is authorized to receive subscriptions

fions. in what to its Capital stock in land or labor, as may be agreed upon between
said company and said subscribers, and may acquire by grant, pur-
chase, lease or otherwise, any estate, real or personal, whatsoever,
and to hold, use, sell, convey and dispose of the same as the interest
of said company may require ; and the stockholders of said corn-
Liability of pany shall onlv be liable to the amount of the stock subscribed by
said stockholders.
Countk'R. Sec. 4. That the several Counties, cities and towns, interested in
towns may the Construction of said road, are hereby authorized to subscribe to
su>5cri . ^j^g capital stock of the same, in manner and form, with the same
privileges and restrictions as are conferred and imposed in an Act
entitled "An Act to authorize the formation of, and to incorporate,
Not exempt the Laurens and Asheville Railroad:" Provided, That nothing
i)roviTionr'"o" herein contained shall be so construed as to exempt said company
General Stat- ^^.^^j^ ^j^^ provisions of Section 1, Chapter LXIII, of the General
Statutes.
Cai.itai stock ^'^c. 5. That tnc capital stock of said company shall be divided
into shares of fifty dollars each, and may be increased to the sum
of six million dollars ; and the caid company shall have authority
to organize and elect it^ officers and Directors as soon as the sum of
fifty thousand dollars shall have been subscribed and one dollar,
per share paid on the same.

Sec. 6. This Act shall be deemed a public Act, and shall con-
tinue in force for twenty-one years : Provided, The said road shall
be commenced within three years and completed within seven years
from the passage of this Act.

Approved March 23, 1875.

OF SOTTH CA7JOLINA. 939

AN ACT TO Incoui'okatk Tin: ruciiLANi) ]U:i[,DiNG AND Loan a.d. iitx

Association, of Columhia, S. C.

ISO. tn.

Srction 1. Be it enacted by tho Scufite and House of Rfpro-
sentatives of tho State of South Carolina, now mot and sitting in
General Assembly, and by theauthority of the same, Tlial W.B. Na^h,
John Agnew, John T. Sloan, Jr., J. P. Southern, Andrew Curtis, Corporator:*.
Charles F. Jaeks(.n, W. K. Backman, W. G. Childs, Hugh S.
Thompson, M. T. Bartlett, S. L. Lcaphart, C. J. Iredell, William
R.Cathcart, tog(^ther with other persons who now are or hereafter may
be associated with them, be, and they are hereby, declared a body
polrtic and corporate, for the purpose of making loans of money,
secured by mortgage on real estate or personal property, or by con-
veyance of the same to their members and stockholders, by the
name and style of the " Richland Building and Loan Association, corporate
of Columbia, S. C," the capital stock of which shall consist of """nc.
twelve hundred (1200) shares, to be paid in by successive monthly Capital stock,
instalments of one dollar on each share, so long as the corpora-
tion shall continue, the said shares to be held, transferred, as-
signed and pledged, and the holders thereof to be subject to such
flues and forfeitures for defaults in their payments, according to
such regulations as may be prescribed by the by-laws of said
corporation.

Sec. 2. That the said corporation shall have power and authority Gcncrnlpow-

. ' era.

to make any such rules and by-laws for its government as are
not repugnant to the Constitution and laws of the land ; shall have
such number and succession of members and officers as shall be
ordained and chosen according to their said rules and by-laws,
made or to be made by them ; shall have and keep a common
seal, and may alter the same at will; may sue and be sued,
plead and be impleaded, in any Court of law or equity in this
State; and shall have and enjoy all and every right and privi-
lege incident and belonging to corporate bodies, according to the
laws of the land.

Sec. 3. That the said corporation shall have power to take, j^i^j. i,pjj „nj
purchase and hold real estate, and to sell and transfer the same estTtcf '^"°
from time to time to its members, on such terms, and under such
conditions, and subject to such regulations as may be prescribed
by the rules and by-laws of said corporation : Provided, That
the real estate held by said corporation shall not at any time
exceed the value of two hundred and forty thousand dollars.

Sec. 4. That the funds of said corporation shall be loaned and investment
advanced to members and stockholders, upon the security of real ** "" *•
and personal estate, and used in the purchase of real estate, for the

•J4U STATUTES AT LARGE

A^ l87o. benefit of its members and stockholders, on such tenu.s, and under
siifli conditions, and .subject to such regulations as may from time
to time be prescribed by the rules and by-laws of said corporation ;
and it shall be lawful for the said corporation to hold such lands,
tenements, hereditaments and personal property as shall be mort-
gaged or conveyed to them, in good faith, by way of security, upon
its luans and advances ; and may sell, alien or otherwise dispose of
the same to its members and stockholders only, as they, from time
to time, may deem expedient.

Sec. 5. That whenever it shall occur that the funds of the said

When may . ,,, . ,. , i,,„„.

loan out corporation shall remain unproductive and uncalled for for the
hand. ' space of two months, the corporation shall have power to loan
whatever amount may be thus on hand to others than stockholders
and members, for such time and at such rates of interest as may be
established by virtue of such rules and by-laws as may be made by
said corporation.
Division an-i Sec. 6. That whenever the funds of the said corporation shall

distribution of , i , i , > i „ . , .

assets. have accumulated to such an amount that, upon a fair and just

division thereof, each stockholder and member shall have received,
or be entitled to receive, the sum of two hundred dollars, or pro-
perty of that value, for each and every share of stock by him or
her so held, and such distribution and division of the funds shall
have been so made, then the corporation shall cease and determine.
This Act shall be deemed a public Act, and that the same may be
given in evidence without specially pleading the same: Frovided,
That said corporation shall have all the rights and be subject to all
the liabilities provided in the Act to regulate the formation of cor-
porations, passed December 10, 1870.
Approved March 23, 1875.

No. 758. AN ACT to Incorporate the German Mutual Life Associa-
tion OF Charleston.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the tame. That John

Corporators. ^ Wagner, Jacob Kruse, C. H. Behre, E. Rosenthal, C. D. Frauke,
H. Klalte, and J. C. H. Claussen, and such persons who shall
become members in the manner hereinafter prescribed, shall be-
come, and they and their successors shall be, a body politic and
corporate, under the name and style of the German ^Mutual Life
Association of Charleston.

Members. i>E.c. 2. That evcry person admitted into the said association shall

Corporat e
name.

OF SOUTH CAROLINA. J)4I

be deemed and continue u member thereof during hi.s contribution '^- ^- '*""'•
and payments, according to the rules of the .said association, of such
j)rcmiums, ajjsea.smenta and dues as ho or she may be legally assefl.sed
lit, and as long as he or she shall, in all things, conform to the
rules and by-laws of the association aforesaid.

Sec. .">. That as soon a.^ one hundred persons shall subscribe their When mny

• . . sr» iiito upcra-

nanics to an agrciMneiit to become members or the saul association, tion.
the same shall be enabled to go into operation, but if at any time
thereafter the members shall amount to less than one hundred the
said association shall immediately cea.sc and determine.

Skc. 4. That the said association, under its name, shall have sue- '^S'-nerul pow-
cession of officers and members, and all the powers, privileges and
franchises incident to a corporation, and shall be capable of taking,
liolding and disposing of their capital stock, according to such
rules, regulations and institutions, as they may from time to time
establish; and also of taking, holding and disposing of, or invest-
ing, as the said corporation from time to time judge fit, the increase,
profits or emoluments of their said capital stock, to their own use;
and shall have full power and authority to make, have and use a
common seal, and with such device and inscription as they shall
deem proper, and the same to break, alter and renew at their
pleasure; and, by the name, title and style aforesaid, shall be able
and capable, at law or in equity, to sue and be sued, implead and
be impleaded, answer and be answered unto in all or any of the Courts
or tribunals of this State, in all manner of suits, pleas and demands
whatsoever; and they are hereby authorized and empowered to
appoint a Uoard of Directorv, President, Vice President, Secretary
and Treasurer, at such j)eriods and with such duties as they siiall
see fit, and also to make rules, by-laws and ordinances, and do
everything needful fur the good government and support of the
affairs of the said corporation and for restoring their capital wiien
diminished by losses: Provided, always. That the said rules, by-laws
and ordinances shall not be repugnant to the Constitution and laws
of the United Stales or of this State, and that their capital shall
not exceed at any time five hundred thousand dollars.

Sicc. 5, That the said corporation shall have a right and power to Muynoquiro
l)urchase, ac(iuire, take ami hold, in tht:;irsaid corporate name, lands ""upcny."^*^^
and real estate, and the same to demise, grant, sell, lease, assign
and convey in fee simple or otherwise.

Sec. G. That the said corporation shall, ])y their said name, and
by the signature of their President for the time being, or by the
signature of such other officers or persons, and with such ceremonies
of authenticity as they shall from time to time, bv their rules and

11 1 • • X 1 • I . 'i . 1 Policies of

by-laws, orilaiu or appoint, have a nglit to make contracts and in.>:nraiico.

942

STATUTES AT LARGE

Defaulters.

A.P.1^,'. policies of insurance and indemnity upon the lives of their raera-
hers or others, or against accidents or personal injuries of the same
or others, and generally to transact and perform all the business
relating to the duration of life or indemnity for personal injuries,
and by such contracts to bind ami pledge their said members, each
according to his rate of insurance and amount insured, according to
their rules, regulations and bylaws.

Sec. 7. That in case of the death of a member or person insured,
it shall and may be lawful to and for the Board of Directors, if
Assessment. ^^^Y shall deem the same necessary, to assess all the members
or persons insured according to the amount and rates of their
insurance, according to the provisions of their policies of insurance.
Twenty days' notice shall be given in some newspaper published
within this State of such assessment, within which period the same
shall be paid to the Treasurer; and if the assessment of any mem-
ber or person insured be not paid within the period fixed as afore-
said, the said association may either recover from such defaulting
member or person insured his or her assessment, with interest
thereon from the date of such assessment, or, at the option of the
Directory, be dismissed and forever discharged from membership or
insurance, and the premium paid in by such defaulting member or
person insured forfeited, and all his or her claims to the said
association forever debarred. '

Sec. 8. That in all elections in the said association each member
thereof who shall have discharged all his dues and assessments to
the same, shall be entitled to one vote, and all elections shall be by
ballot.
Amount of ^^^- ^' ^^ ^°°o ^^ ^"^^ °"^ hundred thousand dollars are insured
risks limited. Jq t^g above association, no one life shall be insured for more than
one thousand dollars, and so on, in projiortion of the increase, no
single risk shall exceed the rate of one thousand dollars of every
one hundred thousand dollars insured.

Sec. 10. That this Act shall be deemed a public Act, and be in
force until repealed.

Manner of
election.

Approved March 23, 1S75.

Ko. 759. AN ACT for the Relief of Siketies vpon Official Bonds

OF Ceutaix Officek.s.

Sectiox 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly., and by the authority of the same. That when any of

OF SOUTH CAROLINA. 043

the sureties of any officer elected or iippointed to any office ^A.n. l**,...^
shall, ill wrilin*;, notify tiu* proper oHicer, whose duly it is to jj^^^ Hureties
approve the i)ontl of such officer, that they desire to be relieved I'rom j?^'^!^^ ''" '''■
their suretyship, it f<h:ill he the duty of the officer authorized by
law to approve the same to require said officer to execute a new
lioiid with security, which, when approved, shall be as valid as the
bond given ou the original election or appointment of such officer;
and the sureties upon the prior bond shall be released from responsi-
bility for all acts or defaults of such officer which may be done or
committed subsequent to the approval of such new bond. That in
no event shall the liability of such sureties continue more than sixty
days after giving said notice.

Si:c. 2. That when an}' officer shall be required to execute a new inoafcof

1 !•! • • ^ 1 n • t f £-.• /»!•»» fiiilure to ni«kc

hontf, with security, as provided lor in the hrst bection oi this Act, now bomi, office
he shall proceed forthwith to execute such new bond and submit vacant,
the same for approval to the officer authorized by law to approve
the same, and if he shall fail or neglect to so execute and submit
such new bond, or fail or neglect to execute and submit a bond
satisfactory to the officer authorized to approve the same, within
thirty days after having been required so to do, the said officer, as
the ease may be, shall forthwith report to the Governor of the State
that such officer has been duly required, under the provisions of
this Act, to furnish a new bond, and that such officer has failed so
to do, and, upon being so informed, and upon receiving a certified
copy of all the papers relative to the case, it shall be the duty of
.the Governor, by public proclamation, forthwith to declare the office
held by such defaulting officer vacant, and such office so made
vacant shall be filled in the manner now provided by law.

Sec. 3, That all Acts and parts of Acts inconsistent with the
provisions of this Act be, and they are hereby, repealed.

Approved March 24, 1875.

AN ACT TO Protect and Encourage Stock Raising in South No. 760.
Carolina.

Be it enacted by the Senate and House of Representatives of the

State .)f South Carolina, now met ami sitting in General Assembly,

and by tiie authority of the same : That the owner of any stock

horse, iack, bull, boar or ram, kept bv him for the purpose of rais- When owner

•' '-. ''. ofcortnin

inj' from, liavin<' a claim by contract aiiaiiist the owner of anv mare ?io<-k t<> have

1 II 1 ' • I 1 • r i" prior lien on

or cow, for service, shall have a prior hen on the issue of such mare, K^sue.
cow or other stock for the amount of such claim : Provided, An

944 STATUTES AT LAKGE

AJ^. T!T.>. action shall be iiistitiitod to enforce such claim, by suit before a
^^,,iJ„ ,„ ^.„. Trial Justice or other officer having jurisdiction, within twelve
LowVou'ia'"' '"*^'"'^'^ f""*"" t^^'c time such claim shall have accrued.
Approved JMarch 24, 1875.

No. 7G1. AN ACT TO Amend " An Act to Ixcorpoiiate tue Societies

Tjikrkin Named."

Be it enacted by the Senate and House of Kepresentatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same. That Section 12 of an Act enti-

Excraptfrom tied "An Act to incorporate the societies therein named," approved

cerUiin P r o - '■ ' i i

vise. March 17, 1874, be amended by adding after the last word of said

Section the following words: "Provided, further, That the pre-
ceding proviso shall not apply to the South Carolina Jockey
Club."

Approved March 24, 1875.

No. 762. AN ACT Regulating the Manner of Payment of all Claims
Against the several Counties in this State.

Preamble. "Whereas the Constitution of South Carolina, Article IV, Section

19, gives the Boards of County Commissioners of the several Counties
in this State jurisdiction over all matters relating to taxes, and the.
disbursements of money for County purposes ; and

Whereas the laws of the State require from the said Boards of
County Commissioners annual detailed statements of all their official
doings in relation to taxes collected, as well as disbursed, to be
made to the Comptroller General of the State; therefore,

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting ia
General Assembly, and by the authority of the same. That on and

County eliiims, n i /•!•» i'/. i • •

liy whom to i)e alter the passage oi this Act, no claims, of anv class or description,

approved and i • » i i i i m /. "r^ . i • o

allowed. . which are payable by the Ireasurer of any County in this State,

shall be paid by the County Treasurer of any County until such

claim shall have first been examined, approved and allowed by the

,„, , Board of County Commissioners of such County ; and the said Com-

how payable, missioners, after examining, approving and allowing such claims,

shall, if there be funds in the hands of the County Treasurer, draw

their check for the payment of the said claim upon the Treasurer of

_ , their respective Counties, specifying the month and fiscal year for

By whom ,-,,,. * i • , , , • i , •

cancelled. which the Claims were contracted or incurred ; and the said claims

OF SOUTH CAROLINA. 945

sliull 1)0 ctincellcMl hy the party rocrivin;; siiid chock, and tlie claims ■'^- ^' ^^ '•
so (•ancclled .shall rciiiain in the odico of .said Conimissionors a.s their
voiiclicr.'^.

Si;c. 2. That it shall not he lawful for any County Trca.siircr to County Tn-.iK-
])ay any claim aij^am.^t tlic County except upon the cliecks or the only on County
County Cominiy.sion('rs of the said County, which .shall hear upon checkn,
their face, not only the numhor, amount, and the name of tlx; party
in whose lavor they are drawn, but the nature of the claims for
which they are drawn, and the month and fiscal year in which thoy
were contracted or incurred. The said checks shall be the vouchers riiockstobo
of the County Treasurers, to be held by them until their annual ''''' ^'""'^''e"-
settlement with the Auditors of their Counties, when the said checks
of the County Commissioners shall be turned over to the County
Auditors for cancellation ; and the said County Auditors shall,
thereupon, give to the said County Treasurers their official receipts To turn over
for the aggregate amount of such checks which have been paid to"'*'
within the year for which they were issued, which receipts shall be
the personal vouchers of the said Treasurers.

Si:c. ;5. It shall be the duty of the County Commissioners of the Trial .lusticcs
several Counties of this State, in auditing the accounts of Trial o'riR'inal
Justices, to require said officers to exhibit, with their bill of costs, ''■""="•
all the original papers in each case in which costs have accrued ;
and that no bill of costs against any County in this State shall be
allowed by any Board of County Commissioners, unless accompanied
by the original papers in each case mentioned in the said bill or
account.

8kc. 4. That all Acts or parts of Acts inconsistent with this Act
are hereby repealed.

Approved Marcli 24, 1^75.

AN ACT TO Authorize and Empower P. C. Fludd to Erect Xq. 763.
AM) Maintain Oatk."? Acros.s a Certain Lane in Dahi.in(;-
TON County.

Be it enacted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same, Tliat P. C. Fludd be, and he is „ „ ,„ ,,.
•' . •' ' ' P. C. Huild to

hereby, authorized and empowered to erect and maintain gates it*--*-*' »"i»-'*-
across a public lane in Darlington County, running from the pub-
lic road opposite his house to Edward's Mill : Providtd, That said
gates shall always be kept in good repair and constructed in such
manner as will afford the least trouble in passing the same.
Api)roved March 24, 1875.

Corporators.

946 STATUTES AT LARGE

A. D. is:.-,. ^YX ACT TO Inx'Orpokate tuk Railroad RoLLixr; Stock Man-

IZ^ ^^ ~ UFACTURING COMPANY, OF PoRT RoYAL.

No. /()4.

Section' 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the 'same, That D. F. Ap-
pleton, Royal E. Robbius, D. C. Wilson, J. H. Rundall, R. H.
Thayer, T. P. Branch, George Holmes, and all other persons who
shall or may be associated with them, and their successors, be, and
are hereby, created and erected into a body corporate and politic,

Corporate in deed and in law, by the name and title of the Railroad Rolling
name. . • o

Stock Manufacturing Company, of Port Royal.

Sec. 2. The said corporation shall have full power and authority

May manu- to manufacture, purchase and own all manner of rolling stock and

fhcturc ttc.

rolling stock."' material used in the operation of railroads, and to sell, loan or lease
the same to any railroad operated in whole or in part in the State
of South Carolina.
„ , ., , Sec. 3. That the said company is hereby authorized and empow-

May build i i .1 i j j 1

wharves. ered to build a wharf or wharves to deep water on any property

owned or leased by it in the harbor of Port Royal, and to collect
the usual rates of wharfage on the same.
May erect Sec. 4. The said company shall have power to erect machine
shops in the County of Beaufort, for the purpose of manufacturing
and repairing railroad rolling stock and supplies, and to do any
other work necessary for the operation of such an establishment.

Capital stock. ^^c. 5. The capital stock of the said company shall be five hun-
dred thousand dollars, divided into five thousand shares of one hun-
dred dollars each.
Books of sub- Sec. 6. That the corporators herein named shall open books

scription. ^^ subscription to the capital stock of said Company, at .^uch

times and places as they may deem fit, and may appoint
suitable persons to receive subscriptions to the same, and whenever
the sum often (10) percent, shall have been paid in to said cajjital
stock the said corporators, or any two of them, shall file in the office
To file certifi- of the Secretary of State their affidavit that such amount has been

rotary of State, bona fide paid in, and thereupon the persons who have subscribed
to the stock of said company shall have ten days' public notice by
advertisement in one or more newspapers of the State of the amount
of capital subscribed, and of the time and place when and where
such stockholders shall meet to organize said company.

Sec. 7. That the said company shall at said meeting be organized

Officers. V)y ^i^g election of a President, Vice-President, and such number of

Directors and other officers for such term as the stockholders present

may decide upon then or at any time thereafter, and that annually

machine shops.

OF SOUTH CAKOLTXA. . 947

thoroiifler the Prcsitlcnt jumI Directors so flfcted sliuU c-iill togollicr •^- !•• '''"''•
tlie stitcklioMfra for tho purpose of electing ofHccrs of tlie corpora- ~

tioii, ami (or tlic purpose of transacting such business relating to the
interests of the eoinpauy a.s they nui}' deem fit; ami at such meet-
ing any ineniher of said corporation will l)e allowed one vote for
every share owned, anil to cast a vote by proxy.

Sec. 8. That said company, when organized, as her(;iii providefl, Ccnerui pow-
may establish by-laws for the usage and government of the com-
pany not repugnant to the laws of the State; may purchase and
hold such real estate as may be necessary for their purpose, and
may transfer the same; may sue and be sued, plead and be im-
pleaded, in the Courts of this State; may have and use a corporate
seal, and may enjoy all the rights, privileges and immunities of
similar bodies corporate in this State. They also shall enjoy such
special privileges and immunities as are now or hereafter may be
conferred by law on similar manufacturing companies within this
State.

Skc. 0. That whenever the said ten per cent, shall be paid into "VVhcn in:iy

^ , . , 1 ,. • 1 • 1 1 1 1 1-1 c o III III e n c e

the capital stock or said company, it snail be authorized to com- i.u.-iiH-s.
mence business as a manufacturing company under this charter.
Each stockholder ^^hall be liable to the amount equal to his stock Liability of
for the debts of said eomi)any, according to the number of said shares ^^ '" ''"■
held in said company.

Sec. 10. This Act shall be taken and deemed a public Act, and
to remain in force for a term of thirty years.

Approved March 24, 187-3.

AN ACT TO AuTiiopjZE the Building and Loan Associa- Xo. 705.
TioN of Spartanburg County td Increase their Capital
Stock

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the Building and Loan
Association of Spartanburg Countv, South Carolina, be, and they Incroaso of

, , • , • ; ■ • , , onpilul »lock.

are hereby, autnonzd to increase their capital stock to any amount
not exceeding two thousand shares, in such manner as they may
deem proper, provided it be consistent with their charter.

Approved March 24, 1875.

948. STATUTES AT LARGE

A. D. lo. A.N ACT TO Authorize tiik County Commissioners of Fair-

'T^^'T"' field County to Close a Certain Road in said County.
No. 7G(J.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, Tliat the County Comnii.ssioner8
closed. "^ '^"" of Fairfield County be, and they are hereby, authorized and em-
powered to close up and discontinue the road leading from Gibson's
Bridge to the J. A. Martin Place, in said County.

Approved March 24, 1875.

No. 767. AN ACT to Authorize the County Commissioners of Rich-
land County to Levy and Collect a Special Tax to Pay
Past Due Indebtedness.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in General
Assembly, and by the authority of the same, That the County Com-
missioners of Richland County be, and they are hereby, authorized
and directed to levy and collect a special tax on the taxable pro-
Spocial tax perty of said County as follows : A special tax of one mill on the
of 1 mill. dollar shall be levied and collected for the fiscal year commencing

November 1st, 1875, and each year thereafter until the sum of
twenty-five thousand dollars has been collected as a special tax.
Object of *5iiid tax shall be devoted exclusively to the payment of the past
same. ^^^ indebtedness of said County : Provided, That all claims for

the payment of which the special tax herein authorized is levied
to be regis- shall be registered in the office of the Clerk of the Court of the said
County of Richland, on or before the first day of October, 1875,
Statement to who shall file a statement setting forth the names of the claimants,
cfrcu ft Judge, the amounts and dates of said claims, with the Judge of the Fifth
Circuit, at the October Teim of the Court of Common Pleas, for the
Judge to an- J^^"* 1^^^> ^"'^ ^^^^ County of Richland ; which statement shall be
prove Ht:ite- approved of bv said Judge before the pavmcnt of aiiv of said claims

ment betoreiA^ - ^^ '-

(1 ill Ills :iru giiaii ijg made: Provided, further, That the said Clerk shall give
due notice of said registration by publication thereof, in one of the

registration! '^^ daily papers of the city of Columbia, twice a week, for the period
of four weeks, the first insertion to be made on the first Tuesday of
April, 187').
Claim? of J. Sec. 2. The County Conunissioners be required to pay the bal-

E. Dent and 1). ■' ^ . / ...

B.Miller to be ancc of the account due J. E. Dent, Sheriff, for dietinsx prisoners

first paid. ° '

from November 20, 1873, to October 31, 1874, and the account of
D. B. Miller, Clerk, for amount advanced by him for support of

OF SOUTH CAKOLINA. !»49

paupers iu the Alms IFdusc out of the lirst moneys cfjllecled under -^- "• ''*"•
the above speciiil levy ; the reiiiainiii;' eluiins to be paid 7;)-o ra/a. ,,., ,.

imyalilu j> r o
rata.

Ai)])roved March '2\, 1<S7").

AN ACT TO iNronroRATR tfie Soutit Carolina Mctuai. In- No. 708.

SURANCE AND TrUST CoMPANY OF CoLUMIJIA.

Section 1, Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting iu
General Assembly, and by the authority of the same. That
Thomas A. MeCreery, Samuel W. Melton, Lysander D. Childs, Corporators.
John Agnew, William D. Love, Charles F. Jackson, Barrie B.
MeCreery, Samuel Cowan and Maurice Raleigh, and such i)er.--on8
as now are, or hereafter may be, associated with them, their succes-
sors and assigns, be, and they are hereby, constituted ami declared
to be a body politic and corporate, by the name and style of the Corporate
South Carolina Mutual Insurance and Trust Company of Columbia, ""™®"
for the purpose of insuring dwelling houses, stores, shops and other
buildings, household furniture, merchandise and other jiroperty
against loss or damage by fire ; and, also, for the purjjose of insur-
ing vessels, freights, goods, wares and merchandise, and of making Objects of cor-
all and every kind of insurance connected with marine risks of
transportation and inland navigation, and of causing themselves to
be insured or re-iusured whenever and to whatever extent they may
deem it expedient; and by that name may have succession; and
shall have power to sue and be sued, and to plead and be impleaded Oeueraipow-
in all Courts, whether iu law or equity ; and by that name may '^^^'
also have, purchase, possess and enjoy to them, their successors aud
assigns, lands, tenements and hereditaments, goods, chattels aud
effc^cts, of whatsoever nature and kind, necessary for the purpose of
the corporation ; and the same luay grant, demise, alien and dis-
pose of at pleasure, for the benefit of the corporation ; and also may
have a corporate or common seal, and alter or renew the same at
pleasure; an<l also nuiy make and estal)lish such by-laws and regu-
lations, and such alterations and amendments thereof, as they shall
deem jiropcr : J*rovirlefl, alwaj/.f. That such by-laws and regulations
shall not be contrary to the Conijtitution or laws of tills State or of
the United States.

SiH'. 2. That all the affairs, property and concerns of the cor-
poration shall be managed and conducted bv nine Directors, Officprs of

' _ ° • ^ ' corporation.

five of whom shall constitute a quorum, all of whom shall be
residents of the United States, and a majority of whom shall
G2

9.50 STATUTES AT LARGE

A. D. 1875. l)e residents of the State of South CiiroliDa ; and that the
^ '~ said Thomas A. McCreery, Samuel \V. Melton, Lysander D,
Childs, John Agnew, William D. Love, Charles F. Jaekson, Barrie
B. McCreery, Samuel Cowan and Maurice Raleigh, and .such of
them, or such others, to the number of nine, as shall have sub-
scribed to the fund hereinafter provided for, and shall comply with
the terms of this Act, shall be the first Directors of the corporation,
and shall choose out of their body a President, and shall hold office
for one year, and until their successors shall be chosen, and a ma-
y;»cnncies, iority of them qualified to serve. All vacancies may be filled for

how hlleil. . .

the remainder of the year by such person or persons as a majority
of a quorum of the Directors, for the time being, may appoint.
Sec. 3. That the Board of Directors of said corporation shall be
Election of elected each year hereafter, at such time and place, in the County

Lircctors. n t^- t \ i i • i • • i • i i

or Kichland.as the said corporation, in their by-laws, may appoint,

after such notice thereof shall have been given as the Board of

Directors may direct, or as ihe by-laws shall have prescribed, which

election shall be holden under tlie inspection of three iiiembers of

the corporation not Directors, who shall be appointed by the Board

Manner of of Directors previous to the election. The election shall be by
voting. , . . 1 1- P 1 ,.1

ballot, ana the persons receiving a plurality oi the votes or those

entitled to vote, or their proxies, shall be declared to be elected.
Sec. 4. That the Board of Directors may appoint a Secretary
Subordinate and such Other officers and agents as may be requisite for carj-ying
on the business of the said corporation, and allow them such com-
pensation as may be reasonable ; and, also, determine the rates at
which insurances may be made. They shall also have j>ower to
Agencies. establish agencies in this and other States, and insure and accept
risks wherever and whenever they may think proper.

Sec. 5. That all policies and contracts Ibuuded thereon, which
shall be made or entered into by the said corporation, may i>e made
either under or without the seal thereof, and shall be subscribed by
When policies the President and attested by the Secretary; and, being so sub-
on corporation, scribed and attested, shall be binding and obligatory on the said
corporation, and said corporation shall be liable for all loss or dam-
age sustained by fire or other casualty agreeably to and on such
terms and conditions as shall be contained in the policy.
]V[ayii?sncpnr- Sec. 6. That the Said corporation may issue participating poli-
cies.''''"^ ''"''~ cies of insurance, and, in accordance therewith, may require any
person or persons who shall or may become a member or members
of the said corporation, by effecting insurance therein, under and
by means of any such participating policy, either to give a promis-
Prcmiuni, gorv note for any portion of the premium on his or their polirv, to

how payable. ' . ' • c

be guaranteed by some responsible person, or without guarantee, it

OF SOUTH CAROLINA. 951

the said Directors shall ao fietermitjc, or to {)jiy the whole or any •^- ^* i'""'-
part of the said preiiiiiitu in cash before sikjIi person or persons '' ~

shall receive his or their policy ; which said note or payment in
cash, or both, shall l)e considered as part of the assets of the said
corporation, and the same, or such ratio thereof as the sairl Direc-
tors may determine, shall be ap[)ropriated to the payment of sncb
losses or damages jis may be sustained, and such expenses as may
be necessary for carrying on the business of the said corporation,
but no member shall be liable for anv such losses or dama<,'('3 bevond Li:ii.iliiy of
the amount or his note and payment in cash, or beyond the special
deposit hereinafter provided for. And in case any loss or damage
shall be sustained bef'jre a sufficient surplus shall be accumulated
by the said corporation to pay i' promptly; and in order the m(»re
effectually to secure the assured against loss or damage, the said Con.oratorc
Thomas A. McCreery, Samuel W. Melton, Lvsandor D. Childs, it's'"" secii^ity
John Agnew, William D. Love, Charles F.Jackson, Barrie 13. Mc- "^"'"'^ '^'«'-
Creery, Sam 4el Cowan and Maurice Kaleigh, and their sissociates,
shall deposit with the said corp')ration the sum of fifty thousand
dollars in cash, or in good securities, or in both, immediately oii the
passage of this Act; and the said Directors may provide for in-
creasing the said sum to two hundred and fifty thousand dollars, at Amount uf
any time or times thereafter, in their discretion, which sum, and
any increase thereof, shall be considered as part of the assets of the
said corporation, and the same, or such ratio thereof as the said
Directors may determine, shall be appropriated to the payment of
such losses and damages as may be sustained, and such e.xpenses as
may be necessary for carrying on the business of the said corpora-
tion ; and should any of the said subscribers fail to make such
deposit according to his or their agreement or promise so to do, or to
comply, in all res[)ccts, with this provision, hu or they shall forfeit
to the said corporation any amount in cash or in securities he or they
may have paid in, and shall be no longer a member or members of
the said corporation ; and the amount which said defaulter or de- 1' i w.:, r^.
faulters agreed or promised to deposit may be as-sumed by any
member of the corporation, or by any person who may desire lo
become a memlier, by complying, in all respects, with the provisions
of this Act ; and such person shall be vested with all the rights
ami privileges to which such defaulter or defaulters were entitled,
and i-hall be subject to all the obligations to which he or thev were
liable under this Act. And the depositors, as afore.siifl. their
executors, administrators and assigns, shall receive, annually, out of
the earniu'^s or profits of the said corporation, if anv sueh interest , Divj.ieuds to

. • di'pjsilur^.

or dividend, pro rata, as the Directors shall determine to be just.
Sec. 7. That the depositors aforesaid, their executors, adminis-

952 STATUTES AT LARGE

A. D. 1875. trators and assigns, shall have the sole power to elect the Directors
^'"^'^"^ of the corporatiou, and that each shall have one vote for every five

Management , , , n ^ , • . /. , j

of corporation, hundred dollars or his proportion oi such deposit.

Sec. 8. That immediately after each annual statement of the
business of the corporation is made up, the Directors may declare
Dividends to a dividend to each and every participating policy holder, pro rata,
policy holders, fj.^^ accumulated earnings, if, in their judgment, it shall be con-
sistent with the interests and safety of the corporation ; and such
dividend may be applied to the credit of any notes held against
such participating member, or may be issued in scrip of the cor-
poration, bearing interest at the rate of six per cent, per annum,
which interest shall be paid annually, on or before the first day of
^March in each year, until such scrip shall be paid by the corpora-
tion ; or the Directors may, at their option, reduce such dividend
to a cash value, and pay the same in legal currency, should such
participating member prefer it.

Sec. 9. That when any property, insured by the said corpora-
tion, shall be alienated by sale or otherwise, the policy shall there-
When policy upon be void and be surrendered to the Directors of the corpora-
be void. tion to be cancelled ; and upon such surrender, the assured shall be
entitled to receive his deposit, note or cash, or both, after deducting
his proportion of all loises or damages and expenses that shall
have occurred prior to such surrender ; but the alienee having the
policy assigned to him may have the same ratified and confirmed
to him for his own proper use and benefit, upon application to the
Directors and giving proper security to the satisfaction of the said
Directors for the payment of such portion of the deposit note as
shall remain unpaid, and thereupon shall be entitled to all the
rights and privileges to ^Yhich the original party to whom the
policy issued was entitled, and shall be subject to all the obligations
to which he was liable under this Act.
Suits against Sec. 10. That suits at law, or in equity, may be prosecuted and
corporaUon. ''^ maintained by the said corporation against any of its members, for
the collection of any note or any assessment thereon, or for any
other cause growing out of the business of the said corporation ;
and suits at law, or in equity, may be prosecuted and maintained
by any of its members against the said corporation for any losses
or damages, if payment of the same is \Yithheld more than three
months after the corporation is duly notified thereof.

Sec. 11. That the Directors of the corporation shall, on receiving

notice of any loss or damage, and ascertaining the same, or on the

Assessment to rendition of any judgment against the said corporation for any

pay losses. ^^^^ ^^ damage. Settle and determine the sums to be paid by its

several members as their respective proportions of such loss or

OF SOUTH CAROLINA. 953

damage, and shall notify them in such manner as they shall see fit, '^- ^^- '^^'^^^

or as the by-laws siiall prescribe; and the sum to be paid by each

member shall be in proportion to the amount of his note, or note.s,

and shall be paid into the said corporation within thirty days next

after such notificaiion ; and if any member shall neglect or refuse Penalty for

, , . , . . /. 1 default,

to pay the sum assessed upon him as his proportion or any loss or

damage as aforesaid, for the space of thirty days after such notifica-
tion, the said Directors may sue for and recover such sura, with
interest and costs, iu any Court of law in this State having juris-
diction in such cases, and every such member shall forfeit all right
and claim under any policy he may have obtained, and shall be no
longer a member of the said corporation.

Sec. 12. That no transfer of any policy shall be valid until AVhcn trani=-

• fersto bevalid.

entered on the books of the said corporation.

Sec. 13. That the said corporation shall have power to guarantee
the payment, punctual performance and collection of promissory Special pow-
notes, bills of exchange, contracts, accounts, claims, rents, bonds,
mortgages, choses in action, evidences of debt, and value of the
titles to real and personal property ; to receive upon storage or
deposit or otherwise, merchandise, bullion, specie, currency, stocks,
bonds, promissory notes, certificates and evidences of debt, con-
tracts, or ether property, to take the management, custody and
charge of real and personal property, and to advance money,
security and credit upon property, real and personal, upon such
terms, and for such consideration as may be agreed upon between
the parties to such transactions ; and to loan such portion of the
money on hand as may not be immediately wanted for the purposes
of the said corporation, upon good and valid security, of whatso-
ever kind or character the Directors of the said corporation shall
see fit ; and make investments in bonds and mortgages of real
estate, and in bonds and stocks of the United States and of this
State, in promissory notes, bills of exchange and other securities,
and receive legal interest for any loans made by it, together with
such other compensation as may be agreed upon between the
parties.

Sec. 14. That the principal oflBce for carrying on the business of Loention of

• i .-, ^. 111.1 -./-HI 1 • • 1-0 principal office.

the said corporation shall be located at Columbia, in this State.

Sec. 15. That this Act shall take eflect immediately after its
passage, and shall continue in force for the term of fifty years.

Approved March 24, 1875.

904 STATUTES AT LARGE

AN ACT TO Procure a Site for the Lazaretto, ox Morris'

IriLANlJ.

Section 1. Be it enacted by tin; Senate and House of Repre-
sentatives of the State of South Carolina, now raet and sitting in
General Assembly, and by the authority of the same, That the
Governor be and he i* anthori/ed and required to appoint three per-
SiteforLaza- sons, to be known as a Board of Commissioner.'!, to procure a site
for the Lazaretto, now situated on Morris' Island.

Sec. 2. That the sum of nvc hundred dollars be, and the same
Approi-ria- is hereby, appropriated for the purpose of procuring ,-aid site, and
f )r the removal of the buildings now used thereto.

Approved March 24, 1875.

jS^o. 770. AX ACT to Amexi> an Act entitled "An Act to Provide
FOR THE Administration of Derelict Estates."

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That all admin-
Clerks of Court istrations of derelict estates heretofore granted to Clerks of the
minis"rat/on"'*' Court of Common Pleas, or that may hereafter be granted to
to successors, jj^g^^j^ under the Act of the General Assembly " to provide for the
administration of derelict estates," approved February 26, 1873,
and amended by the Act of the General As3embly, approved March
17, 1874, be transmitted to the successors in office of such said
Clerks, by virtue of such succession in office, without new applica-
tion on the part of sr.ch successors in office, and without further
order of the Court of Probate making the original grant of admin-
istration.
Acts of sue- Sec. 2. All acts done by such said successors in office of the
validated. said Clerks of the Court originally appointed under the said Act of
the Assembly, not inconsistent with the duty of administrations,
are hereby ratified and affirmed, and made of the same force and
effect as if done by ihe Clerks of the Court originally appointed to
administer such said estate.

Sec. o. That it shall be the duty of all outgoing Clerks of the
-To turn over Court of Common Pleas to turn over to their successors in office all
nioneysf'Sn property, choses in action, money, and other assets of such said
iSngtosuch estates in their hands, and that such successors shall have the right
estates. ^^ compel the performance of that duty by proceedings for that

purpose in the Court of Probate having jurisdiction of the particu-
lar estate.

OP SOUTH CAROLINA. 955

Sec. 4. That nil Acts or parts of Acta iiiconsiHtent with, or sup- ^- ^*- ''^"''^
plied by, the provisions of this Act, be, and the sarac are hereby,
rejK'aled.

Approved March 24, 1875.

AN ACT TO PuoviDi: FOR tiik Construction of a Nkw Jail Ko. 771.

IN AND FOR THE CoUNTY OF FaIRFIELD.

Section 1. Jie H tnaded by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That the

County Commissioners of Fairfield County are herebv authorized .Sale of old
I " 1 II 1 1 I -1 1- 1 ' 1 /-I jail authorized.

and empowered to sell and convey the huiuling known as the County
Jail, and the lot whereon the same is erected, in the town of Winns-
boro. The said sale to be made at public outcry, at such time or
times, on such terms, and in such parcels, as the said Commission-
ers shall think proper, after advertisement thereof for at least
thirty days: Provided, That all the proceeds over and above the
amount of purchase of a new site shall be deposited in the Treasury Disposition of
of the County, and shall be designated as the new jail fund, to be p'""'''-'*^ *•
drawn out, from time to time, on the warrants of the Commission-
ers; said warrants specifying that they are for the construction of
new jail.

Sec. 2. That the said County Commissioners are further author- County Com-
ized and empowered to purchase or accept a suitable site for a new purchase site,
jdi! in the town of Winnsboro, and to take tiie titles therefor, exe-
cuted to the County of Fairfield, to and for the use of said County.

Sec. 3. That the said County Commissioners are further author-
ized and empowered to build and erect a new jail u])on the site Also to build
selected, as provided in Section 2 of this Act, and that the contracts "'^^'^ •"*"•
for the erection of such building shall not be binding or valid until
approved by the Circuit Judge.

Approved ^^a^(•ll 24, 1^7").

AN ACT to Amend Sections 3 and 8 of an Act entitled No.
"An Act to A.mend Chapter XLV of Title XI, Part I, of
tme General Statutes, Relating to the Repair.s of
HioHWAYS and Rriih'.es," so far as the same Ri'lates to
Oconee and Pickens Counties.

Section 1. Be it enacted i)y the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in

956 STATUTES AT LARGE

A. D. is:.'. General Assembly, and by the authority of the same, That Section

^^"^ 3 of an Act entitled " An Act to amend Chapter XLV of Title XI,

Part I, of the General Statutes, relating to the repairs of highways

and bridges," be, and the same is hereby, amended, so far as the

same relates to Oconee and Pickens Counties, bv striking out the

Ten" in- . ,. • i i i- /• i •" • i i

Sertoli in lieu word " SIX, on the ei":hth line theroi, and inserting the word

of "six." ' o » fe

" ten " in place of the same.

Sec. 2. That Section 8 of the same Act be, and the same is
hereby, amended, so far as the same relates to Oconee and Pickens
"Sixteen" in Countics, bv Striking out the word " eighteen," on the first and sec-
teen." ^'^ ond lines thereof, and inserting the word " sixteen " in place of the
same; by striking out the words "forty-five," on the second line
lieu of '"^ forty" thereof, anil in>erting the word " fifty " in place thereof; by insert-
^*^' ing between the word " years " and the word " shall," on the second

Exemptions. Hue thereof, the words " except ministers of the gospel and teachers
of schools and colleges ;" by striking out the word "six," on the
of "six." third line ^hereof, and inserting the word "ten" in place of the

same; and by adding at the end thereof the following words, to wit :
W.arner's re- " The Warner, for such services, shall be entitled to an exemption of
five days' labor on the public highways and roads.
Approved March 24, 1875.

No. 773. AN ACT to Incorporate the German School Association

OF Charleston, South Carolina.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
Corporators, ral Assembly, and by the authority of the same, That Charles
Voigt, F. Puckhaber, H. H. Knee,' D. Werner, J. H. Thiele, F.
D. C. Kraeke. J. C. H. Claussen, C. H. Eberhart, F. Melchens F.
J. Lilienthal, AVilliara Ufferhardt, C. H. Bergmann, C G. Ducker,
J. C. W. Bischoff, John F. Mier, and their associates and suc-
cessors, be, and they are hereby, created a body politic and cor-
Corporaie porate, under the name and style of the German School Association
name. ^^. (;^)^.^j.]g3(^QQ^ South Carolina, for the j)urpose of carrying on a

school, academy or institution of learning in the city of Charleston,
with a capital stock of nine thousand dollars.
Capital stock. Seo. 2. That the capital stock of the said corporation shall be
divided into shares of the sum of thirty dollars each.

Sec. 3. That the said corporation shall have power, from time to

May increase time, to increase their capital .^tock to any amount not exceeding

the same. ^^^ hundred thousand dollars, including their present capital stock,

whenever a majority of their stockholders present at any general

OF SOUTH CAROLINA. D.-iT

Jueotiiig, or the Board of Directors, hy their authority, shall •^- ^'- '**'■''•
determine; and such additional slock shall he divided criiiailv . , ,. .

' - A<l>liliiiii il

ariiony: ti>e stockholders in i)ro|)ortion to their shares in the c'ai)ital ?'"'^'|f.- '"'^''. "•

■^ , ' ' . . "bo <Iii<p4«ud of.

Stock of the company at the tinie ot such increa'^e ; but in case
any stockholder shoidd not desire to take; his <ir her proportion of
such increased stock, the same shall be alh»tt(.'d among tiie remain-
ing stockholders, or books may be opened f()r the |)urpose of obtain-
ing additional subscribers to such increased stock in such manner
as the corporation may deem expedient; and in no case shall the
members who arc unwilling to take their proportion in such increase
of stock be assessed to c<)ntribute or make up such increase; such
additional stock shall be subject to all the same provisions, restric-
tions and conditions as are directed by the provisions of this Act;
and any such additional subscribers shall thereby become members
of this corporation, and be subject, in like manner, in proportion
to their interest, to all the burdens, liabilities, responsibilities and
conditions im])osed upon the members of this corporation.

Sec. 4. That if the proprietor of any share shall neglect to pay Q^^,^.^ ,,f j^.
any installments assessed thereon for the space of thirty days after hoi''ior"may'^i)c
the time appointed for the payment thereof, the Treasurer of the °"''^-
corporation, on the order of the Directors, may sell, by public auc-
tion, a sufficient number of shares standing in the name of such
stockholder, to pay all the installments then due from him or her,
with all necessary incidental charges. The Treasurer shall give
notice of the time and place of sales, and of the sum due, by Notice to he

, . . ,, . 1 . I f« ,1 5 given of time

advertising the same at least once a week tor three weeks sue and place of
cessively before the sale, in one of the Charleston newspapers, and
a bill of sale of the share or shares so sold, made by the Treasurer,
shall transfer said stock to the purchaser, who shall be entitled to a
certificate thereof.

Si'X'. 5. That every shareholder shall be individually liable for Liaiiiiity of
the debt^ contracted during the time he or she shall be a share- -''"'■■''^''''^•^"•
holder in said corporation, to the extent of ten per cent, of the par
value of his or her shares in the same: Provided, That no person Provi-io.
holding such slt)ck as collateral security shall be personally suliject
to any liability as a stockholder of such corporation, but the person
])ledging such stock shall be considered as holding the same, and
shall be liable as astockholder accordingly : And provided, j'lirt/ier, proviso.
That no stockholder shall be personally liable for the payment of
any debt contracted by the said corporation, which is not to be paid
within one year from the time the debt is contracted, nor unless a
suit be brought against said corporation within one year after the
debt shall become due, and no suit shall be brought against any
stockholder who shall cease to be a stockholder in said corporation

958" STATUTES AT LARGE

A. D. 1875. for any debt so contracted, unless the same shall be commenced

~ ^ within two years from the time he or she shall have ceased to be a

stockholder in said corporation, nornntiTan execution against the

corjioration .<l)all have been returned unsatisfied in whole or in

part.

Sec. (!. That the said corporation shall have such number of

Officers. officers as shall be ordained l)y the rules and by-laws to be made for

their government and direction, and shall have power and authority
to make all rules and by laws not repugnant to the laws of the
land ; to regulate the issue of scrip and tran?fer of shares ; to

Powers nnil h-ive and keep a common seal, and the same to alter at will ; to sue

privileges. '

and be sued ; to plead and be impleaded in any Court of law or
equity ; to take, by purchase, devise or otherwise, and to hold, sell
and alien in fee simple, or for any less estate, or mortgage, lands,
tenements, hereditaments, goods, chattels, rights, credits and pro-
perty of any kind, and to make all contracts necessary for the pur-
poses of the corporation.
Cert.iin ini- Sec. 7. That the Said corporation shall be entitled to the immuni-
excmptions ties and exemptions contained in the third clause of the sixth Sec-
con eirei. ^.^^^ ^^ ^j^^ ^^^ entitled " An Act to reduce all Acts and parts of
Acts providing for the assessment and taxation of property into one
Act, and to amend the same," approved the nineteenth da}' of
March, eighteen hundred and seventy-four.

Sec. 8. This Act shall be taken and deemed a public Act, and
shall be judicially taken notice of without special pleading.

Approved March 24, 1875.

No. 774. AN ACT Relative to Contracts for the Executive De-
partments of theState Government, AND FOR the GENERAL
Assembly.

Section 1. Beit enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
Comptroiier eral Assembly, and by the authority of the same, That the Comp-
vlr't?Je'for"pro- troller General be, and he is hereby, authorized and required to ad-
posais. vertise, in the Daily Phoenix, published in the city ofColumbia, and the

News and Courier, published in the city of Charleston, for proposals to
furnish the several Executive Departments of the State (iovern-
ment with such books and stationery as may be necessary for their
use during the current fiscal year, respectively, the numbers, charac-
ter and quality of such books, and the amount and quality of such
stationery, to be particularly set forth in the advertisement.

OF SOUTH CAROLINA. 9.39

Sicc. 2. TImt tin; i'Av.vk of Llio Senate he, ami lio is lic-reliy, -^- "• '**"•
luilhorizeil iind required, at the .same time, to lulvertirfe, in like ^, , r .
iiiauner, for prono.sAls to furnish that boilv with sueh stationery as iitc-ioiKiv.riijfu

' ' ' _ - ^ •' for pro|>«suli4.

may he neeossary for its use during the current fiscal year, tiie

amount and (luality of such stationery to he particularly set forth

in the advertisement.

Skc. 3. That the Clerk of the House of Representatives he, and citik of
he is hereby, authorized and required, at the same time, to a«lver- y"rl\^'^ forpr'o-
tise, in like manner, for proposals to furnish that body with such i""*"'"-
stationery as m:vy be necessary for its use during the current fiscal
year, the amount and quality of such stationery to be particularly
set lorlh in the advertisement.

Sr-x'. 4. That it shall be the duty of the said officers, on or before
the first day of July in the present year, and in each year hereaf-
ter, to advertise, in like manner, I'or proposals, respectively, such as
ai'oresaid, for the ensuing fiscal year, the particulars, as aforesaid, to
be set forth in the advertisements respectively. And the several
heads of departments of the State Government shall, at least ten lleaJsof de-

' ' IJartmunts to

days previous to that day, furnish to the Comptroller General a list t'urnisli cstL-

•' • - ' _ ' matus.

and description of such books and stationery as may be necessary
for their use for such ensuing fiscal year respectively.

Sec. 5. That it shall be the duty of the Keeper of the State House
anil State Librarian, at the same time, to advertise, in like manner,
for proposals to furnish the several Executive Departments of the Proposals for
State Government, the Senate and House of Representatives, with
such coal as may be necessary for their use for such ensuing fiscal
year, the amount and quality of such coal to be particularly set
forth in the advertisement. And the several heads of depai'tmentsof Hctidsof de-
the State Government, and the Clerks of the Senate and House of i'uVni^"li' csti-
Representatives, shall, at least ten days before that time, furnish to "" *'''"
the Keeper of the State House and State Librarian a statement of
the amount of coal that may be necessary for their use for such
fiscal year respectively.

Sf:c. (). That the proposals shall be addressed to the officer adver-
tising for the same, and shall be opened by him on the day named
in his advertisement, in the presence of a Board, consisting of the „ '''"P*"'*'-*'"*

' » J7! Boiird.

(iovci nor. Secretary of Stateand Attorney General, ami the contract

shall be awarded by him to the lowest res|>onsiblc bidder; but such
contract shall be of no effect until a[)piovi(l by the said IJoard.

Si.c. 7. That in all cases whore contracts are awarded and aj)-
provcil under the provisions of this Act, the party or i)artie.s to
whom a contract may be awarded shall, before entering on the per-
formance thereof, give a bond, with suflicient security, on such terms Contmctinsr

'^ ' •' _ _ parties to Kivo

as may be prescribed by the Attorney General, conditioned for its """<*•

960 STATUTES AT LARGE

A. D. !><"■>. faithful performance ; and, in ca<e of his or their failure to do so,
^ ~ within thirty days after it has been awarded and approved, it shall
be awarded to the next lowest responsible bidder.
Contracts and ^^*^- ^- ^ ''"^t ^^1 contracts awarded and approved under the pro-
botuis to be v|gif,ns of this Act, and all bonds given for iheir faithful perform-
ance, shall be filed in the office of the Secretary of State, who shall
preserve a record of the same.
Heads of De- ^^C. 9. That it shall not be lawful for any of the heads of depart-
r"pTr"c'ba7e ™^°^s of the State Government, or fur any of the officers of the
other books. Senate or House of Representatives, to purchase any other books,
stationery or coal for their use, respectively, than are provided for
in this Act.
P^ .. Sec. 10. That the Comptroller General, upon becoming satisfied
General to that the Contracts made pursuant to the provisions of this Act have

draw warrant ^ \

on Treasurer, been faithfully performed, shall draw his warrant upon the Trea-
surer for the amount of said contract.
§20.000 ^EC. 11. That the sum of twenty thousand dollars, or so much
appropriated, thereof as may be necessary, be, and the same is hereby, appropriated
from the phosphate royalty ; and the State Treasurer is hereby
State Treasu- authorized to retain in the Treasury each year a sufficient amount
certi*in amo^uut of the revenue derived from the phosphate royalty, as aforesaid, to
meet the payments provided for in this Act.

Approved March 24, 1875.

Xo. 775. AX ACT to Repeal ax Act entitled " An Act to Estab-
lish THE Charleston Charitable Association, of the State
OF South Carolina, for the Benefit of the Free School
Fund."

Be it enacted by the Senate and House of Representatives of the

State of Carolina, now met and sitting in General Assembly, and

Charter re- by the authority of the same, That the Act entitled "An Act to

'^* * * establish the Charleston Charitable Association, of the State of

South Carolina, for the benefit of the Free School Fund," approved

March 8, 1871, be, and the same is hereby, repealed.

Approved March 24, 1875.

OF SOUTH CAllOLIXA. OfJl

AX ACT TO Amkni) an Act kniitlkd "Am Act foij tiii: Rk-
LiKF OF Tnr: Wn>o\vs and Outiians ok Pkkhonh Kh,m:i) Hi:-

CAU.se of THKfR PoMTKAI, OlTNIOXS," Al'l'ROVlCI) Ma1:< II ]'.),

1.S72.

Be i^ enacted by the Semite jiixl IIouso of Rcprosentiitivcs of the
State rf South Carolina, now met uixl sittirit; in General Assenil)ly,
and I»Y the authority of the same, That an Act entitled "An Act
for the relief of the widows and orphans of i)er,sous killed because of
their political opinions," approved March l.'jth, l'S72, be, and the
same ie hereby, amended as follows: In Section 1, line 8, immedi- County of
ately after the words "each and every of said Counties," insert the 'ox«-pr)tPon"^^"i n
words "except in the County of Spartanburg, where a tax of one. "^'"'""
sixteenth (1-lG) of a mill shall be levied and collected."

Approved March 24, 1875.

AN ACT to Amend AN Act entitled " An Act to Regulate No. 777.
THE Election of Ma you and Aldermen of the City of
Charleston."

Section 1. Be it enacted by theSeuate and Houseof Representatives
of the State of South Carolina, now met and silting in General Assem-
bly, and by the authority of the same, That Section (3) three of an
Act to regulate the election of Mayor and Aldermen of the city of
Charleston be, and the same is hereby, amended by striking out the
word "five'' and inserting instead the word "three;" and by add-
ing after the word "Charleston," in said Section, the words "who Comniission-
shall h'dd their offices, unless removed by the Governor for cause, term or office'.''
until thirty days before the next election for said city."

Sec. 2. That Section ('>) five of said Act be amended by addin*--
tliereto the following words, to wit : " The said Commissioners shall,
at least five days before the day of election, give i)ublic notice bv Pni'iif notice

,, , 11 •' o f p o 1 1 i n jc

advertisement in one of the newspapers published in said city of i''"<^'^'=' '" •>«

^ given.

the polling places, and the Managers appointed for each pollino-

place; and no changes shall be made prior to said election, except

that the sai<l Commissioners m ly fill a vacancy caused bv the death Vacancies.

or inability to serve of any Manager, and no Commissioner nor

Manager shall be a candidate for election."

Sec. 3. That Section (0) si.K of said Act be stricken out, and the
following be substituted as Section (6) six thereof: "The polls shall be P''"*- ^I'en
opened at the polling places which shall have been published, at
six o'clock in the morning, and close at six o'clock in the afternoon
of the day of election, and shall be kept open without intermission

962 STATUTES AT LARGE

A. T>. is:.', or adjouintneiit, and the Managers shall administer, when de-
^"■^ ' nianded by any qualified voter, to each person offering to vote the

j^ji„j Ibllowing oath: *I do Sfdetnnly swear (or affirm) that I am quali-

fied to vole according to the Constitution of thi.s State ; that I have
been for sixty days a resident of this city, an(i that I luavc not
■ voted at any other polling place during this election.' An^^if de-
manded by any qualified voter, the residence of any person'chal-
lenged shall be entered upon the poll list by the Clerk, and in case
the right to vote be challenged, the Managers shall decide the mat-
ter summarily."

Sec. 4. That Section (8) eight of said Act be amended by insert-
Counting of ing after the word " canvass " the words " in public ;" and by adding,
at the end of the Section, the words "subject to appeal, on ques-
tions of law, to the Supreme Court."

Sec. 5. That Section (10) ten be amended, by striking out the
word "three" and inserting "two," and by striking out "four"
and inserting " three."

Approved March 24, 1875. •

No. 778. AN ACT to Amexd ax Act entitled " An Act to Incohpo-

RATE the LanGLEY MANUFACTURING COMPANY," APPROVED

1868.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That Section
1 of an Act entitled " An Act to incorporate the Langley Manu-
facturing Company of Edgefield County " be, and the same is
"Eight" in- hereby, amended, by striking out the word "six," on the twelfth

serted in lieu , . . . ,. , „ , i ,, • i ->

of "six." line, and inserting in lieu thereof the word "eight.

Sec. 2, That Section 4 of said Act be amended bv striking out

" Twenty- . " . . .

five" inserted the word "fourteen," on the second line, and inserting in lieu

inlieuof, „, i., . . n >>

"fourteen." thereof the words twenty-five.
Approved March 24, 1875.

No. 779. AN ACT to Repeal an Act to Renew and Amend the
Charter of the Toll Bridge across the Savannah River
at Hamburg, South Carolina, Approved February 22,
1873.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,

OF SOUTH CAROLINA. 963

anil by the authority of the same, That an Act to rcnow and amond '^- ^'- '**"•''•
tlie charter of the toll bridge across the Savannah River, at Ham-
burg. South Carolina, approved February 22, lUl'-i, be, aud the I'l-'iI«-"1-
same is hereby, repealed.

Approved March 24, 187'>.

AN ACT TO Amknd an Act entitled " An Act to Ixcoupo- No. 780.
RATK THE Town of Westminster, in the County of
Oconee."

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in General
Assembly, aad by the authority of the same. That Section 2 of an
Act entitled " An Act to incorporate the town of Westminster, in
the County of Oconee," approved the seventeenth day of March, '.' t^I "^ r « h "'

-' ' r I J stricken out

1875, be, and the same is herebv, amended bv striking out the word ;"i'i "Aprir*
" March" wherever it occurs in said Section, and inserting in place
thereof the word " April."

Sec 2. That the said Act be and remain in full force and virtue
in all other respects.

Approved Mtirch 25, 1875.

AN ACT TO Incorporate the Town of Fort Motte, in the No. 781.
County of Orangeburg.

Section 1. Z?ejVe»ac^erf by the Senate and House of Representatives
of the State of South Carolina, now met ami sitting in General Assem-
bly, and by the authority of the same. That from and after the pass-
age of this Act all citizens of this State who have resided in the
town of Fort Motte shall be deemed, and are hereby declared to be,
a body politic and corporate, and the said town shall be called and Corporate
known by the name of Fort Motte, and its corporate limits shall
extend one-fourth of one mile from the point of crossing the bridge
over the South Carolina Railroad, near Duncan tfc Wingard's store, Liiuiu.
in a direction due north, east, south and west, and shall include a
square formed upon the extremities of lines so drawn.

Sec. 2. That the .said town shall be governed by an Intendant Ofliocrs.
and four Wardens, who shall be citizens of the United States, and
of this State, and shall have been residents of the said town for
sixty days immediately preceding their election, and who shall be Timoof hold-
elected by the qualified voters of the said town on the first Monday '"''' ^■'«^<='"^"-

964 STATUTES AT LARGE

A. P. isT'i. Qf May, 1875, and every year thereafter on the fir^t ^Monday of
May, ten days' public notice thereof being previously given; and
that all male inhabitants of the age of twenty-one years, citizens of

Qiiniification this State, wlio shall have resided in the said town for sixty days

voters. immediately preceding the election, shall be entitled to vote for the

said lutendant and Wardens. For the purpose of holding the first
election under this Act, the Clerk of the Court of Comnion Pleas
for the County of Orangeburg shall designate three suitable persons,

Mnnagcrs of citizens of the said town, to act as Managers of the election, and that
the Intendant and Wardens for the time being shall, annually, ap-
point Managers to conduct each ensuing election.

Sec. o. That the said corporation shall have the same powers

Powers and ^D^ privileges, and be subject,' in every respect, to the jjrovisions of
the charter granted to the town of Lewisville by an Act entitled
"An Act to incorporate the town of Lewisville, S. C," of February
28, 1872.

Sec. 4. Th's Act shall be deemed a public Act, and continue in
force until repealed.

Approved March 25, 1875.

prLvileges.

No. 782. AN" ACT to Declare Raxtov\le's Bridge, and the Causeway
Attached Thereto, Public Highways, asd for Other
Purposes therein Mentioned.

Section 1. Be it enacted by the Senate and House of Represen-

Rantowic's tatives of the State of South Carolina, now met and sitting in

^luselv^iy pub- General Assembly, and by the authority «>f the same. That the

he highways, ijrjdge across the north branch of the Stono River, commonly

known as " Rantowle's Bridge," and the causeway attached thereto,

be, and the same are hereby, declared to be public highways.

Sec. 2. That the Boards of County Comrai-ssioners of Charleston

and Colleton Counties be, and they are hereby, authorized, directed

and required, jointly, to take charge of such bridge, place the same

County Com- "^ Proper repair, or, if they should deem it necessary, to cause to be

missioners to built at oncc a Substantial bridge in the place of the said Rantowle's

repair. " »

Bridge; and the expense of building .-aid bridge shall be equally
divided between the said Counties of Charleston and Colleton.

Sec. 3. That for the purpose of carrying into effect the provisions

of the foregoing Section, the Boards of County Commissioners of

Charleston and Colleton Counties are hereby directed to enter into

Contract to be Contract with any responsible party or parties for building the said

bridge, said contract to be awarded to the lowest responsible bidder

OF SOUTH CAROLINA. 965

tliercfor, afcer piiMic notice, publislicil in tlie odicial iiewspapors of A. D. Iht.",.
(Jliarlc'Slon and C-jlleton Conntii'S ibr thirty days, of the conditions
tliereof

SlX\ 4. That the said bridge sliali l)e free, and no toll or charges iJri.lKc to be
whatever be collected for crossing said i)ridge.

Sec. 5. That all Acts or parts of Acts, Joint Re-solutionsor parts
of Joint Resolutions, inconsistent with the provisions of this Act,
be, and the same are hereby, repealed.

Approved IMareh 25, 1875.

AN ACT TO Amend Sections 4 and 12 op Chapter CXLV of j^'q. 783.
THE General Statutes, Relating to the State Peniten-
tiary.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That Section 4 of Chapter CXLV
of the General Statutes be, and the same is hereby, ameuded by
adding at the end of paragraph o thereof the following words, to
wit: " Provided^ hoivever, Tiiat he shall, before the first day of No-
vember in each year, advertise for proposals for furnishing all arti- Proposals for

supplies*

cles that may be needed for the institution for the ensuing fiscal
year, the character and quality of the articles to be particularly set
forth in the advertisement, which proposals shall be opened by him,
on the day mentioned in the advertisement, in the presence of the
Directors, and the contract shall be awarded by him to the lowest Awarding of
responsible bidder, subject to their approval, and that no articles
shall be purchased by him for the prison except those contracted
for as herein provided, without the written approval of the Direct-
ors: Provided, farlher, That no Director or the Superintendent
shall become a bidder or contractor for furnishing articles, provi-
sions or materials for the said institution ; nor shall any Director or Director? niui
Directors have any interest in any contract for furnishing the insti- 'i>n't'iin['to eoli-
tution as aforesaid." By adding at the end of paragraph 7 thereof ""*^'*^*'" " •
the following words, to wit: " Provided, however, That all accounts Aooonnts to

„ • I !• 1 II I II I 1-1 1 t)esubiiiittcdt«

lor payment, iiichiding the pay roll, shall be submitted to the ex- Directors,
amination of the Directors on the first Monday of every month, and,
on their approval of the same, shall draw his order on the Comp-
troller General, countersigned by the Chairman of the Directors,
for the aggregate amount thereof; and that he shall not draw any
order on the Comptroller General without such counter signature;
and, also, that he shall p:.y out all moneys at siuh times and in such
. 63

966 STATUTES AT LARGE

A. D. 1875. manner as the Directors may from time to time direct." And by
adding at the end of i)aragraph 8 thereof the following words, to
wit : " And to make such monthly reports to the Directors as they
may, from time to time, require."

Approved March 25, 1875.

Reports.

No. 784. AN ACT to Amend and Extend the Charter of the People's
Bank of South Carolina," and to Amend that of the
Planters' and Mechanics' Bank of South Carolina."

Preamble. Whei'eas the capital of the People's Bank of South Carolina has

been reduced by losses, the result of the war, from one raillion of
dollars to eighty thousand dollars, whereby the shares, originally
worth twenty-five dollars each, are at present worth in reality but
two dollar's each, thereby rendering the consolidation of the said
original shares absolutely necessary, and leave so to do has been
asked by the President and Directors of the said bank ; and,
whereas, since the last amendment of the charter of the Planters'
and Mechanics' Bank of South Carolina, the estimated capital
thereof has been greatly reduced by the presentation and redemp-
tion of a much larger amount of their outstanding bills than was
then allowed for, and they have, by their petition, asked for several
amendments in their charter also :

Section 1. Be it enacted by the Senate and House of Representa-
tives of the State of South Carolina, now met and sitting in General
Assembly, and by the authority of the same, That the Board of
Directors of the said Peoples' Bank be, and they are hereby, author-
Shares to be ized to consolidate the shares of the said bank by calling in their
said shares and issuing one share of the par value of twenty dollars
for every ten of their present shares, so that the number of shares
Proviso. shall be reduced from forty thousand to four thousand : Provided,
however, That the said bank shall, at the request of any stockholder
now holding less than ten shares, redeem his said shares at the rate
Proviso. of two dollars per share: Provided, also, That in case any of the
original shares have heretofore been consolidated under any reso-
lution of the Directors, such consolidated shares, in the consoli-
dation hereby provided for, shall each be estimated to be equal to
four shares of the original capital.

Sec. 2. That the said Board of Directors of the Peoples' Bank,

before reducing and consolidating the said shares, shall give at least

Notice of in- thirty days' public notice in one or more of the newspapers of the

tention to con- j j r ^ ^ i i

soiidate to be city of Charleston of their intention so to consolidate, reduce and

given. ■'

OF SOUTH CAROLINA. ' 967

redeem the stock of the said bank, and from ;uul after the day fixed -\- ^'- 1«75.
and so publicl}^ notified for the said con.solidation, reduction and "" '' '
redemption of the said shares, no one shall be considered or held to
be a stockholder of the said bank who has not received a new cer-
tificate for the consolidated shares at twenty dollars per share:
Provided, always, That the holder of any number of original shares, Original
under ten, shall be at liberty to sell and assign the same to whom- ma"- '■.'eii"''ind
soever he may by endorsement upon the certificate held by him, "«-''^° ^"'i''*'"'-"'-
which endorsement shall, without transfer at the bank, entitle the
assignee to demand the redemption of the said shares as above pro-
vided, or the consolidation of them whenever he has acquired or
holds ten, or the multiple of ten shares, at the price or rate as in the
first Section of this Act made and provided.

Sec. 3. That the said Board of Directors of the People's Bank
are hereby further authorized and empowered, from time to time, to
increase the number of shares and the capital of the said bank at Shares may
any time after thirty days' notice of their intention so to do, pub- ^^ "^'"'^''^'"^•
lished in one or more newspapers of the city of Charleston, to a
number not exceeding in the whole fifty thousand shares, each to
be of the par value of twenty dollars, and to open books of sub-
scription for such additional shares, under such regulations as they
shall prescribe : Provided, ahmys, That the stockholders shall have Proviso,
preference in subscription to the increased stock in proportion to the
amount then held by them.

Sec. 4. That the said People's Bank is hereby further authoriztd
to receive deposits in such sums, and at such times, as the Board of May receive
Directors may state by public advertisement, and pay the same with ^^*'*'**"
a stipulated rate of interest upon them at stated periods, the interest
to be paid in money or to be placed at the credit of said depositors
upon the same terms and conditions as the original deposits. That
all such deposits as may be received by said corporation, under the
authority conferred in this Section, may be invested in any public iloiv^to be
stock or bonds created by virtue of any law of this State, or any """"'"'
ordinance of the city of Charleston, or in the capital stock of any
bank within this State, or in United States stocks or bonds, or in
the stocks or bonds of any railroad company incorporated in this
or in any otlier State, or such deposits may be loaned on promissory
note secured by pledges of such stocks at not more than their
market value, or on bonds secured by mortgage of real estate lying
within the city of Charleston, at not more than seventy-five per cent,
of the market value of such real estate : Provided, That no Direc-
tor or other officer of said corporation shall borrow any part of the ^"oney
moneys so received on deposit by virtue of this Section.

Sec. 5. That the number of the Directors of the said banks shall

invested.

Directors not
r r o w
money,

968

STATUTES AT LARGE

A. D. 1875.

Directors,
number re-
duced.

Mei-tiu!? tobo
called lor tLiit
purpose.

Proviso.

Change in
system of vo-
ting.

Un consoli-
dated shares.

Reduction of
n u m b e r' of
shares.

Meeting to be
called for the
purpose.

and may be reduced from thirteen (the present number) to not less
than five at and after tlie next annual elet-lion to be held under the
present charter, such reduction to be proposed by the present or any
future Board of Directors of each and either of the said bank.sand
submitted for their approval to a general meeting of the stock-
holders to be called lor that purpose, to be held after four weeks'
notice by public advertisement in the two daily newspapers of the
city of Charleston, stating the day and hour and the purpose of
said meeting in the said advertisement, which said advertisement
shall be published at least three times a week, for the said four
weeks, in each of the said newspapers before the day of the said
meeting : Provided, That should no quorum assemble at said meet-
ing, the failure to have a quorum shall be considered as an approval
by the stockholders of said proposition adopted by said Board of
Directors.

Sec. 6. That on and after the day of the annual election for
Directors of the said banks next after the passage of this Act, the
present scale of voting by the stockholders shall be abolished, and
each of the shares already consolidated, or which may, before that
day, be consolidated, according to, and under the provisions of this
Act, or of the Act of the General Assembly entitled "An Act to
amend and extend the charter of the Planters' and Mechanics'
Bank of South Carolina, and for other purposes therein named,"
passed on the 9th day of December, in the year of our Lord, 1870,
shall entitle the holders thereof to one vote, without regard to the
number held by him.

Sec. 7. That the shares held prior to the consolidation made un-
der the said last mentioned Act of Assembly, which shall remain
unconsolidated on the day of the said annual election for Directors
of the said banks shall thenceforth cease to entitle the holders
thereof to any other right or interest in the said banks, except to
be paid the sum of one dollar for each such share upon surrender of
scrip held for the same.

Sec. 8. That whenever it may, in the opinion of the President and
Directors of the said banks, be best for the interest of the stock-
holders to reduce the number of shares then outstanding, either for
the purpose of preserving or increasing their par value, not to ex-
ceed one hundred dollars per share, such Board of Directors may
arrange and submit to a meeting, to be called ibr that purpose, and
advertised for the time and in the manner provided hereinbefore, in
regard to the reduction of the number of Directors, a scheme for
such reduction and consolidation, which, if approved by said meet-
ing, if a quorum shall so assemble on the day appointed, or if no
quorum shall so assemble on that day, shall from and after that day

OF SOUTH CAROLINA. 969

be adopted, and the shares shall ho thereupon reduced and con- ^- ^- i'*"'-
Bolidatcd according to scheme, and new scrip issued therefor, each '^

of which new shares shall thenceforward entitle the hohlerto a vote,
and no one hohling shares unconsolidated according to that scheme
shall he entitled to a vote.

Sec. 9. The present charters of the said hanks are hereby altered OriKinni char-
and amended, as in the previous Sections of tliis Act is provided; wi'th''<"-'r"Tiii
and in all other rospects the said charters are hereby confirmed as
if these provisions had been originally incorporated in the said
charter.

Approved March 2"), 1875.

fxcejitioii?!

AN ACT TO Amend an Act entitled " An Act to Incor- No. 78-3.

P0RA.TE THE ToWN OE RtDGEVILLE," IN THE CoUNTY OF COL-
LETON.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That an Act entitled " An Act
to incorporate the town of Ridgeville," approved February 23,
1875, be, and the same is hereby, amended by striking out,
•wherever it occurs in said Act, the words " in March," and insert "March"
in lieu thereof the words " in May," so as it will read : " That the imd " M a y"
first election to be holden in said town shall be the first Monday iu
May, 1875."

Approved March 25, 1875.

AN ACT TO Repeal all Acts and Parts of Acts Recjuiring No. 786.
Deposits by Insurance Companies of Stocks or Bonds of
THIS State, or of the United States, for the Protection
OF Policy Holders Within the State.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That Sections 98, Repeni of cor-
90, 100 and lUl, Chapter XVII; and Sections 1, 2, 3, 4 and 10, ao" ^'''''''"''
Chapter LXII, of the General Statutes of South Carolina; and
also an Act entitled " An Act to amend Sections 98, 99 and 100,
Chapter XVII, of the General Statutes of South Carolina, rt-lating
to holders of insurance policies, " approvetl February 14th, 1873,
be, and the same are hereby, repealed.

970 STATUTES AT LARGE

A. D. 1ST5. <5j.-(; 2. Tlmt tl)o Comptroller Geueral be, and he is hereby, au-
~ "*" '. thorized and required to return all bonds or stocks heretofore de-

J> U P O S 1 t 3 _ _ *

h.retoioro posited iu pursuancG of the laws repealed by the preceding Section,
r.'tnrne.i to except such as have been attached by process of law pending suits
now before the Courts, to the person or persons, company or associ-
ation who may have deposited the same.

Approved March 26, 1875.

owners.

No. 787. AN ACT to Incorporate the Bank of Marion.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting iu
General Assembly, and by the authority of the same, That C.

Corporators. Graham, T. E. Stackhouse, H. E. Hayne, C. Gregg, J. M.Johnson,
Isaac B. Grainger, David R. Murehison, Charles M. Stedman, J.
W. Atkinson, H. Vollers and C. Smith, their future associates and
successors, shall be, and they are hereby, constituted a body politic

Corportvte and Corporate, by the name and style of "The Bank of Marion," for
the term of thirty years, and, as such corporation, shall have and
may exercise and enjoy all the rights, powers and privileges incident
to or enjoyed by any bank or banking institution now existing as a
corporation under or by virtue of the laws of this State.

Capital stock. Sec. 2. The capital stock of said corporation shall not be less
than fifty thousand dollars, and may be increased from time to
time, as said corporation may elect, to a sum not exceeding two
hundred thousand dollars, and the same shall be held by the cor-
porators in said corporation in shares of twenty-five dollars each.

Books ofsub- Sec. 3. The corporators in the first Section named, or any three
opened." ^^ ^ of them, may open books of subscription to the capital stock of said
bank, at such time or times, and at such places, and for such peri-
ods, as a majority of the corporators named may determine, and so
soon as the sum of fifty thousand dollars shall be subscribed thereto,
the before named corporators, or a majority of them, on such notice
as they may consider suflBcient, shall call a meeting of such sub-
scribers to be held at the town of jNIarion, in the County of Ma-
rion, in this State ; and at such meeting, and at all future meetings
of the stockholders of said bank, the shares of the capital stock
may be represented in person or by proxy. The subscribers to said

Election o f Stock, at their meeting to be held as aforesaid, shall elect from

Directors. , , , \ r> t\- /• • i • i

themselves such a number or Directors ot said corporation as tliey
may think proper, who shall continue in office for one year, and
until their successors shall be duly elected, and thereafter there

OF SOUTH CAROLINA.

shall be annual nu»tin<;s of the stockholders of said hank, at \vhi(;]i
Directors shall be chosen, whose tenure of office shall he as above
provided. The Directors chosen or elected at any suf.-h meeting
shall, from among themselves, elect a President and a Vice Prfni<lnnt nnd

,, . , 11-1 p ,!• /• 1 T-v- ^''<='-' I'resiilent

1 resident, to act as such during tlie term ot ofnce ol sucli Ui- to be chu.fcn.
rectors, and they shall perform such duties and exercise such
powers as may be prescribed by tiie by-laws of said coi'poralion, or
as shall be incident to their respective oflices.
Skc. 4. The said (forooration may receive and pay out tlie lawful Powers and

. , 1 1 1 •! • privileges,

currency of the country, il< al in exchange, gold and silver coin,

bullion, uncurrent i)aper, i)ul)lic and other securities, and stocks of
other corporations; may purchase and hold such real and [)ersonal
property and astate as may be conveyed to it to secure debts to the
corporation, or may be sold under execution to satisfy any
debt due in whole or in part to the corporation, and may
sell and dispose of the same; may purchase and hold such
real estate as may be deemed necessary or convenient for the
transaction of its business, and may sell and dispose of the
same at pleasure; may discount notes, bills of exchange, bonds
and other evidences of debt, and lend money on such terms as may
be agreed on. It may receive on deposit moneys on such terms as
may be agreed on with dej)ositors, and issue certificates therefor, ne-
gotiable or assignable in such way as may be inserted in the same.
Said corporation may sue and be sued, plead and be impleaded in
any Court in this State, may adopt and use a corporate seal, and
alter the same at its pleasure, may adopt all such by-laws for the
general management and direction of the business and alfairs of
said corporation, not inconsistent with the laws of this State, as may
be deemed proper, and have all such other rights and privileges
as are or may be conferred on corporations by the general laws of
this State: Provided, That the stockholders shall be liable to the Liability of
amount of their respective share or shares of stock, for all its debts
and liabilities, upon note, bill or otherwise, and upon the further
condition that no Direct'^r or other ofHcer of said corporation shall
borrow any money from said corporation ; and if anv Director or ,, ,, .

J J I ' - _ Poii'ilty for

other officer shall be convicted, upon indictment, of directly or indi- vioimion of

' ' •' . oiTtinn p r o-

rcctly violating this Siction, he shall be punished by tine and im- visions.
prisonm>nt at the discretion of the Court. The books, papers aud
accounts of said bank shall be open to inspection under surh reg-
ulations as may be prescribed by law.
Sue. .'), The Pre-sident and Directors of said corporation may ai>- President ami

• . II If 1 1 !• • 1 .■ u I'ircctors to

point all necessary oincers aud employees ot said corp;)ration, nx iippoint officers
their compensation, aud take security for the faithful discharge of
their respective duties, prescribe the manner of paying for the stock

972 STATUTES AT LARGE

A. D. 1^75. of the corporation, and the transfer tliereof ; and may, from time to
'^ time, prescribe such penalties for the non-payment of subscriptions

to the capital stock of the corporation as they may deem proper,
and the same, together with any unpaid instalments on such sub-
scriptions, may be recovered in any Court having jurisdiction of the
Dfiimucnt aggregate amount so due, or the stock may ba sold for ca-h, after

stock may be , , . , . , . i i- i i • • i

gold. twenty days notice, advertised in a newspaper published in said

t )wn of Marion ; and if, at any such sale, the sura bid should not be
sufficient to satisfy and discharge the amount so due, together with
the costs and charges incident to such sale, the subscriber in de-
fault shall b3 liable for any deficiency, and the sains may be re-
covered in the name of the corporation in any Court having juris-
diction.

Approved March 26, 1875.

No. 788. AN ACT to Allow Joab Cotton to Erect Two Gates Across
THE Garner's Ferry Road, ix Richland County.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now haet and sitting in
Joab Cotton General Assembly, and by the authority of the same. That Joab
Cotton, of the County of Richland, be, and he is hereby, empow-
ered to erect two gates across the Garner's Ferry Road, in Richland
County.

Sec. 2. That this Act shall take eff ct immediately after its pass-
age, and continue in force until repealed.

Approved March 26, 1875.

to erect gates.

No. 789. AN ACT to Require the County Treasurer of Pickens
County to Attend at Sundry Places in said County
for the Collection of Taxes.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That it
shall be the duty of the Treasurer of Pickens County to attend,
annually, at the following places in said County for the collection
Places of col- of taxes, viz: P^asley Station, Abncr Odell's, Central SUitiou,

lection of tnxcs ^_ ■•, r^, -!-«• i /-i tt xx -h -n i • .

d esign.atc(i. Howards Shop, rickens Court House, D.icusville, rumpkintown
and Eastatoe Camp Ground, at least two days at each place : Pro-
Proviso, vided, hoivever, That the office of said County Treasurer, at Pickens

OF SOUTH CAROLINA. 973

Court House, shall he kept open duriiij; the fdlleetioii of taxes, '^- ''• '""''•
except when attending other places for the collection of taxes as
herein provided.

Sec. 2. That the failure of the County Treasurer to carry out P.-naity for

/. 1 • 11111 1 • 1 1 V i o I II I i o II of

the provisions of this Act shq^l be deemed a misdemeanor, and, on Act.
coiivi(!tion thereof, he shall be fined not exccedirif,' five hundred
dollais, nor less than three hundred dollars.

Approved jNIarch 2(!, 1875.

AN ACT TO Amend Section G of an Act entitled " An Act No. 790.
TO Renew and Amend the Charter of the Town of
Anderson."

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That Section G of an Act
entitled " An Act to renew and amend the charter of the town of
Anderson " be, and the same is hereby, amended, by adding, at
the end thereof, the following words, to wit: ^^ Provided, also, Pontenceof
That whenever the said Town Council shall impos-. a fine upon a beTmn muted
party convicted of an ofiense, who shall refuse, or fail, or be unable Streets '^"'^ °"
to pay tlie same, the said Town Council shall have power and
authority to commute his sentence to labor on the public streets of
the said town for a period not exceeding twenty days."

Approved March 26, 1875.

AN ACT TO Regulate the Compensation of the Members of No. 791.
THE General Assembly, and to Fix the Mileage of the
Same.

Si-XTION 1. Beit enacted by the Senate and House of Represen-
tatives of the State of vSouth Caroliiui, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That each mem-
ber of the General Assembly shall hereafter receive, for each regu-
lar session, such j)er diem compensation as will amount to and not Coinpcnsfttion
exceed the sum of six hundred dollars, ($G00,) and the further sum sion7*" "' *"
of twenty (20) cents for every mile of the ordinary route of travel
in going to and returning from the place where such session is held;
and when convened in extra session, each member shall receive the Extra session,
same mileage and per diem compensation as are fixed for the regu-
lar session, and. none other: Provided, That said per diem compeu-

974 STATUTES AT LARGE

A. D. 1875. sation of the extra session sliiill be determined Ijy the per diem
compensation of the regular session next preceding such extra ses-
sion.

Sec. 2. That all Acts or parts of Acts inconsistent with this Act
are hereby repealed.

Approved March 20, 1875.

ISTo. 792. AN ACT to Regulate the Appointment and Salary of
Trial Justicks in and for the County of Chester.

Section 1. Be it enacted by the Senate and House of Representa-
tives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the auth(jrity of the same. That the
appolnt"*"^ " Governor shall appoint, by and with the advice and consent of the
Senate, nine Trial Justices for the County of Chester, and no more.

Term of office. i i i i • ^^ /. , o ' i i

to hold their oihces lor the term of two years, unless sooner removed
by the Governor.

Sec. 2. That the Trial Justices so appointed shall be commis-
sioned by the Governor in the following manner, to wit: Two for

Location. the village of Chester, one for Lewisville, one for Landsford, one
for Hazelwood, one for Battenrough, one for Rossville, one for
Blackstock, and one for Harlesville, and shall keep their offices at
the respective places for which they are commissioned, which shall
be opened from day to day for the transaction of business.

Sec. 3. That instead of the fees heretofore allowed by law to
Trial Justices for criminal proceedings and heretofore payable to
them by the County, each of said Trial Justices, outside of the

Salary. town of Chester, shall be allowed a salary of one hundred and fifty

dollars per annum, and the two in the town of Chester two hundred
and fifty dollars each per annum, payable quarterly on the first
When payable, ^^onday of January, April, July and October, by the County
Treasurer of such County out of the County funds, and no account
or claim, other than for such salary, shall be preferred by, allowed
or paid to any Trial Justice of said County on account of criminal
proceedings.

Sec. 4. That the said Trial Justices for Chester County are
hereby required, on the first of each and every month, to file with

Reports. ^^g Clerk of the Circuit Court of said County a report duly verified
of all the fees and costs charged, and fines imposed, in criminal
cases and proceedings had before them, and, immediately upon the
filing of such report, the said Trial Justices shall pay over to the

To pay over Couuty Treasurer of said County the amount of such fees, costs
^^^^- and fines by them severally collected and recovered.

OF SOUTH CAROLINA. 97.">

Sec. 5, That all the appointments of Triiil Justices for the -^- ''■ ^""5-
County of Chester, heretofore made, shall cease and determine on
the appointment of Trial Justices provided for in this Act, and the i"';riii<r u p-

rr> • 1 T • 1-1 poinliufiita to

Trial Justices provided for in this Act shall enter upon their duties ccuao.
immediately after their (lualification.

Skc. (). That the Trial Justices appointed for Chester County
may appoint such proper and discreet person or persons as he may
select to serve criminal ])rocesses, oc to make any arrests required ; Constubles.
and such process or warrant shall, when assigned to such person for
service, invest the said person, for the j)urposes therein set forth,
with all the powers belonging to the office of a Constable ; and he
shall, upon accepting any such paper for service, take and subscribe
to the oath prescribed by law for the qualifications of Constables,
and every such person shall receive, for each paper served, or for
each arrest made, the sum of twenty-five cents, except summons ^^'*
for witnesses and jurors, for which he shall receive the sum of ten
cents, the same to be paid by the County Treasurer upon the order
of the County Commissioners.

.Si:c. 7. That if either of the Trial Justices appointed for the
County of Chester shall neglect to attend to the duties of their tend to duties,
offices, or shall be guilty of extortion or oppression in office, or
.shall fail to pay over, as required by this Act, the fees and fines
collected by him in his office, he shall be liable to indictment there-
for, and on conviction shall be liable to imprisonment for two P<?n«lty there-
years, or a fine of five hundred dollars, or both, within the discre-
tion of the Court, and shall be removed from office.

Sec. 8. That the County Commissioners of Chester County be, -Payment of
and they are hereby, instructed to cause to be set aside annually, vUledVor.^ '"^°'
out of the County fund, a sum sufficient to pay the salaries of the
officers herein provided for, and failure on the part of the saiil
Treasurer to comply with the requirements of this Section shall be
considered a misdemeanor, the penalty of which shall be fine or
imprisonment, as may be deemed best in the judgment of the
Court.

Sec. !>. The Trial Justices so appointed shall each give a bond Bond,
of five hundred dollars for the faithful performance of their duties,
the bond to be approved by the Judge of the Sixth Judicial
Circuit.

Sec. 10. That the reports required to be made by Section 4 of R.-p.ort." to bo

., . 4 1111 1 • /^i I /• 1 c> I !■ •■'''"' in open

tins Act shall be read in open Court on the first day ot tlie term ot c.>iirt.
the Court of General Sessions after the appointments herein author-
ized, and on the first day of each term thereafter.

Approved March 26/1875. ^

976 STATUTES AT LARGE

A. D. 1875. ^N ACT TO Punish Persons Fraudulently Packing Cotton.

Kg. 79o. Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That from and after the
passage of this Act, if any person or persons whomsoever shall be
Packing for- Convicted in the Court of General Sessions of this State of kuow-
in cotton a mis- ingly and wilfully packing into any bag, bale or bales of cot-
ton, any stoue, wood, trash cotton, cotton seed, water, or any
matter or thing whatsoever, or causing the same to be done, with
the intent and purpose of cheating or defrauding any person or per-
sons whomsoever, in the sale of such cotton, or shall exhibit or offer
for sale any bag, bale or bales of cotton .so fraudulently packed, the
said person or persons, at the time of the said exhibit or offer for
sale, knowing the same to be so fraudulently packed, shall, on con-
Penalty there- miction thereof, as aforesaid, be sentenced to pay a fine of not more
^^^- than five hundred dollars, nor less than twenty dollars, and be im-

prisoned for a term of not more than six months, and not less than
one month.

Approved March 26, 1875.

No. 794. AX ACT to Inxop.porate the Stoxo Phosphate Company, of
Charleston, and to Authorize the said Company to Bor-
row Money on Bond and Mortgage of the Property
Thereof.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
Corporators. General Assembly, and by the authority of the same. That William
Ravenel, James S. Gibbes, and others, their associates, who are now
Directors and stockholders of the Stono Phosphate Company, be,
and the same are hereby declared to be, a body corporate and politic,
nam^e'^^*"^'^'^ Under the name of "The Stono Phosphate Company, of Charleston,"
with the right to own a common seal, to sue and be sued, and to
own real and personal property to an amount not exceeding five
hundred thousand dollars.
Par value of ^^*^" "^^ ^^''^^ ^'^*^ shares of the said company shall be of thenum-
shares. jjgj. ^nd par value fixed by the said corporation at a general meeting

thereof, but that they shall not exceed in par value the sum of five
hundred thousand dollars.

Sec. 3. That the said corporation shall be, and it is hereby, in-

Mav issue ^6sted with full power and authority to issue it5 bonds, sealed with

bonds. j.{jg ggjj] Qf |.j^g gjjjj corporation, in sums of one hundred, two hun-

OF SOUTH CAROLINA. 977

ilred, five luiinlnd and duo llioiisiind dollars, l)earin^ a fixed rate of A- r>- i"*"-
interest, to be mentioned in siieli hond or l)onds, and payable at a
time therein to be limited ; which bonds shall be secured by a mort-
gage of all of the property of the said corporation.

Sp:c. 4. That the said corporation shall not go into operation ^vhen to go
unless it shall file with the Comptroller General satisfactory proof, '"'" "perutiou.
within four months from the passage of this Act, that it has paid
in and invested at least one hundred thousand dollars of cajjital.

Sicc. 5. That the said corporation shall be subject to all regula- ri-Kuiution/im-
tions which have heretofore been or may hereafter be imposed on P""*^'' "" *''■"'-

. J I liir CO r 1) ora-

corapanies engaged in the manufacture of fertilizers. tions.

Sec. 6. That this Act shall be a public Act, and shall take effect
from its passage, and that it shall remain in force for fifteen years
from the date of its approval.

Approved March 26, 1875.

AN ACT TO Alter and Amend the Law in Relation to the No. 795.
Place of Trial of Civil Actions and Special Proceed-
ings IN which the State is Interested.

Section 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That all
civil actions and special proceedings brought by the Attorney Actions to be
General in the name or on behalf of the State, and all civil actions in'iui Coumyl
and special proceedings wherein it may be the duty of the Attorney
General to appear for or on behalf of the State, shall be tried in
Richhuifl County.

Sec. 2. That all Acts or i)arts of Acts inconsistent with this Act
be, and the same are hereby, repealed.

A])proved March 2(3, 1875.

AN ACT to Encourage Colonization in the State op South jJq. 796.

Carolina.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That from

and after the passage of this Act the Judjjes of the Circuit Courts . .

, - , , , , . , , ,. • Circuit Judgct

be, and they are hereby, authorized to grant charters oi- uicorpora- may prnnt

tiou, upon the application of five or more of the members thereof,

978 STATUTES AT LARGE

A. D. 1875. to associations formed for the purpose of establishing colonies or
"*" "" settlements in the State of South Ciirolina, to carry on any agricul-
tural, mining, mechanical or manufacturing operations, for erecting
mills, furnaces or factories, or constructing and operating any turn-
pikes, plank roads, tramways, railways, or any other suitable forms
of road or modes of conveyance, to connect any settlement made
by such colony with any line of railroad, canal, river, or other
avenue to market, to charge for the use of the same, subject to all
the provisions and restrictions of the laws of South Carolina appli-
cable thereto and not inconsistent herewith.

Sec. 2. The application to the Court for a charter for such asso-

piieatk»n! ^^' ciations shall be made in the manner and form prescribed by the

law of this State for other corporations in an Act entitled " An Act

to provide for granting of certain charters," approved February

20th, 1874: Provided, That said application shall be made to the

Judges of the Circuit Court, instead of to the Clerk of the Court.

Sec. 3. Associations incorporated under the provisions of this

Powers and Act shall be authorized to purchase and hold such land and real

pnvi eges. estate as may be necessary for the purposes thereof, to sell the same,

or portions thereof, to members or others, to purchase and own

live stock and implements, to erect mills, factories and furnaces, to

construct roads, to build bridges, to borrow money at such rates of

interest as may be agreed upon, on mortgage or otherwise, to loan

money to members for improvements, to have a common seal, to

represent joint property by stock, and to exercise generally all the

rights and enjoy the privileges of corporations under the laws of

this State, banking excepted.

^ . Sec. 4. That all charters granted under this Act shall continue

Duration. , _ • i />

in force for a period of ten years.
Approved March 26, 1875.

Xo. 797. AN ACT to Authorize the Commissioners of the Wateree
Free Bridge to Protect the same by a Proper Roof.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That the

Special Commission constituted by the Act approved Februarv 15,
Commission ,„_, .ii,,* i . i • i • n .-i-i

to erect roof. 18 / 2, entitled ' An Act to authorize the erection or a certain bndge

over Wateree River," be, and they are hereby, authorized and em-
powered to cause the said bridge erected by them under said Act
to be covered by a suitable roof and other structures necessary for
its preservation.

OF SOUTir CAROLINA. 979

Sec. 2. That the said commission ho, imd are hereby, authorized ^- ^- ^'^''^
to issue bonds of the Coiuity of Kctshaw, to uii amount not exceed- ,. ^. ~

1111 11 loiB«UC

ing three thousand doUars, payable ten (10) yeans after (hite, and bond*,
bearing interest at the rate of eight per cent, per annum, payable
annually on the first day of July in each and every year, and to
dispose of said bonds in the manner provided for in Section .'J of
said Act.

Sec. 3. That the County Commissioners shall prcjvide for the
payment of the said bonds and the interest on the same by the levy same!^"*"
of an annual tax in the manner authorized in Section 4 of said
Act, and the special tax authoriz-xl to be levied by them in said
Section of said Act shall continue to be levied by the said County
Commissioners until the bonds issued under the said Act, and those
authorized to be issued under this Act, shall have been fully paid
and satisfied, with all the interest that may have accrued for the
same.

Sec. 4. That this Act be declared a pulilic Act, and be so taken
and deemed in all the Courts of this State.

Approved March 26, 1875.

AN ACT TO Amend an Act entitled " An Act to Reduce No. 798.
ALL Acts and Parts of Acts Providing for the Assess-
ment AND Taxation of Property into One Act, and to
Amend the Same."

Section 1. Be it enacted by the Senate and Plouse of Repre-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That para-
graph 1(3, Section 6 and Sections 10, 11, 12, 13, 14, 15, 22, 23, 24,
26, 35, 37,40,44, 55,56, 57, Gl and 83 of an Act entitled " An Actio
reduce all Acts and parts of Acts providing for the assessment and
taxation of property into one Act, and to amend the same," be,
and the same are hereby, amended by striking out the word sorted in uince
"July," wherever it occurs therein, and inserting the word "' ''"°^" '
"June" in place of the same; and by striking out the word "AuKust" in-

August, wlierever it occurs therein, and by inserting the word of-Juij.'^
" July " in place of the same.

Si:c. 2. That Section 41 of the same Act be, and the same is "Mny" in-

11 111 -1 ■ , r Jfrtfil in plnco

hereby, amended by striking out the word "June, on the fifth of "June. '
line thereof, and inserting the word " May " in place of the same.
Sec. 3. That Section 54 of the same Act be, and the same is
hereby, amended by striking out, on the 5th, 6th and 7th lines of
said Section, the words " of which written notice shall be given by

980 STATUTES AT LARGE

A. D. 1875. the Auditor to such person, at lca«t fifteen days before the meeting
7 ,T of the Board of Etiualizatiou," and inserting in place of the same

Auditor not * ' o i

to increase re- the following words, to wit : " But said County Auditor shall not

turns. . 6 » J

increase the return as made by any tax-payer, his, her or their
agent, except by the authority of the County Board of Equaliza-
tion."

Sec. 4. That Section HI of the f^ame Act he, and the same ia
hereby, amended by strikin<f out the words " as often as the Chair-
man, or a majority thereof, shall direct," on the twelfth and
thirteenth lines thereof, and inserting in place of the same the
County Board following words, to wit : "On the first Monday in Augu.st,

ofEqualiza- ° . . ■' i

tion, when to annually ;" by inserting between the word " value " and the word

" they," on the twenty-first line thereof, the following words, to

Length of scs- wit: "Continuing in session from day to dav until the entire
sion. ° J .

work is completed. They shall meet thereafter, whenever notified

by the County Auditor ;" and by adding at the end of said

Xotice of time Section the following words, to wit: "He shall also cause a

uieetfng?''^ ° notice of the time and place of the first day of the second meeting

of the said Board to be published in some newspaper published in

his County once a week for at least two weeks previously, or if

there be no newspaper published in his County, then he shall cause

such a notice to be posted at the County Court House, and at least

two other public places in the said County, at least fourteen days

previously, and the expense of such notice shall be paid by the

County Treasurer, on the warrant of the County Commissioners;

Increased as- and he shall also, whenever the assessments upon any property

sessment. shall be increased by said Board, give notice of such increase to

Notice to be the tax- payer at least ten days before the meeting of said Board to

eiven to tax- , n i • i , i i i

payer. take final action upon such assessment, so that he may appear and

show cause, if he see fit to do so, why the assessment should not be

increased.

Timeofmeet- Sec. 5. That Section 62 of the said Act be, and the same is

B 0 a r (t ''To'^r hereby, amended by striking out the words "first Monday in

ar es on. September," on the sixth line thereof, and inserting the words

" last Monday in July " in place of the same.

Sec. 6. That Section (to of the said Act be, and the same is

realty, wijcn to hereby, amended by striking out the words " September, one thou-

' sand eight hundred and seventy-one," on the second line thereof,

and inserting the words " October, one thousand eight hundred and

seventy-five," in place of the same.

Sec. 7. That Section 0!) of the said Act be, and the same is

Time of de- hereby, amended by striking out " second Monday," on the tenth

linquent sales, y^^^^ thereof, and inserting " third Monday ;" by striking out all

after the word "sale," on the fifteenth line thereof ; also, striking

OF SOUTPI CAROLINi^. f)81

()\il tlio word "first," on the third line of Section 100, and insert ^^- T). 1875.
the word " second ;" Jilso, strike out the word " second," on the
sei'ond Jind fifteenth lines of Section 101, and insert the word
" third ;" strike out all iifter the word " thereon," on the eleventh
line thereof.

Sec. 8. That Section 130 of the same Act he, and the same is
hereby, amended by inserting between the word "office" and the Ponnlty for
word "he," on the sixth line thereof, the following words, to wit: an*" with pn."
" Or, if any County Treasurer, County Auditor, County Comrais- ^»'"n»»*'^^^i-
sioner, or member of a County Board of Equalization, shall
neglect, refuse or evade the {)erformaace of the duties imposed
upon him by this Act, or if any County Auditor shall neglect or
refuse to comply with the requirements of law in the making up of
his duplicate, ojr shall fail to file with the Comptroller General the
abstracts, vouchers and settlement sheets within the time required
by law, or if any County Treasurer, after being notified of his
removal or suspension from office, shall fail to settle with the
County Auditor and Comptroller General, and pay over all State
and County moneys in his hands to the officers entitled by law to
receive the same within ten days after being so notified."

Approved ]\[arch 29, 1875.

precincts.

AX ACT TO Establish, by Law, the Voting Precincts in the No. 799.
Various Counties of this State.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That hereafter at all general and
special elections held in this State, the same shall he conducted at Notice of
the voting precincts which are hereby fi.xed by law in the various
Counties, cities and towns of this State, and the number, location
and names of which said ]>recincts, for said Counties, cities and
towns, respectively are, and shall be, as hereinafter designated,
to wit :

In the County of Abbeville there shall be seventeen voting pre-
cincts, as follows : Abbeville Court House, Calhoun Mills, St.
Charh)tte, Cokesbury, Greenwood, Ninety-Six, Donaldsville, Due
West, Centerville, Childs' Cross Roads, Smithville, Lowndesville,
]\[agnolia. White Hall, Long Cane and Cedar Springs.

In the County of Anderson there shall be twenty-two voting AnJerson.
precincts, as follows: Anderson Court House, No. 1, Anderson
Court House, No. 2, Anderson Court House, No. .">, Pendle-
64

Abbeville.

982

STATUTES AT LARGE

Aiken.

Barnwell.

Beaufort.

Charleston.

A. D. 1875. ton, Saufly Springs, Centreville, Bethany, Ball's Mills, Greenwood,
^ "^ Brushy Creek, Williiimstou, Belton, Hoiu-a Path, Calhoun, Cray-
tonville, Millford's, Long's Shop, Dark Corner, Williford's Store,
Brown and Farmer's Store, G. W. Maret's, Holland's Store.

In the County of Aiken there shall be eleven voting precincts, as
follows: Aiken Court House, Beach Island, Silverton, Hamburg,
Jordon's Mill, Boyde's Store, Miles' Mill, Merrit's Bridge, Gran-
iteviile, Fountain Academy, Windsor's.

Id the County of Barnwell there shall be fifteen voting precincts,
as follows: Allendale, Barnwell, Blackville, Buford's Bridge,
Barker's Mill, Erhard's Mill, Graham's, Millet, Midway, Cainan's
Fair Church, Robins', Red Oak, Williston, Bell Duck, Bamburg.

In the County of Beaufort there shall be thirty-one voting pre-
cincts, as follows : Brick Church, Coffin Point, Woodlawn, Beau-
fort, Myrtle Bush, Grey's Hill, Paris Island, Port Royal, Chisolm's
Landing, Gardner's Corner, Pocotaligo, Peeple's, Yarnsville,
Hickory Hill, Brunson, Black Creek, Beach Branch, Matthews'
Bluif, Lawtonville, Brighton, Lawton Church, Henniss' Cross
Roads, Hardeeville, Levy's Cross Roads, Bellinger's Hill, Gillison-
villc, Grahamville, Jenniss' Cross Roads, Bluflton, Mitchellville
and Nixville.

For the County of Charleston, exclusive of the city limits, there
shall be forty voting precincts, as follows : Christ Church Parish,
Mount Pleasant, Wappetaw Church, Four Mile Church ; St. Thomas
and St. Dennis' Parish, Muster House, New Hope Church,
Ben Potter's at Half Way Creek ; St. James' Santee Parish ;
Dutart's Creek, Thirty-two Mile House, Board Church or Pinckney
Gaul, Henderson's Store ; St. Stephen's Parish, Pineville, St.
Stephen's Depot, Blackville; St. John's Berkley Parish, Black
Oak, Biggin Church, Strawberry Ferry, Calamus Pond. Pineopolis ;
St. Andrews' Parish, Lamb's Farm, Club House, Redtop Church ;
James' Island, Cut Bridge, Dill's Bluff Baptist Church ; John's
Island, Andell's Store, Campbell's Church, Rushland; Wadmalaw
Island, Camp Ground, Enterprise ; St. John's Colleton Parish, Ed-
isto Island, Calvary Church, Right's Store ; St. James' Goose Creek
Parish, Four Mile House, State Road, Whaley's Church, Mt.
Holly, Summcrville, Wassaraasaw Chapel, Hickory Bend Cross
Roads.
Charleston In the city of Charleston there shall be seventeen voting precincts :
City — Ward 1—1. City Hall; 2. Church street, near Water. Ward
2 — 1. Court House; 2. Union Star Engine House. Ward 8 — 1.
Market Hall ; 2. Palmetto Engine House ; 3. Corner Inspection
and Washington streets. Ward 4 — 1. Hope Engine House, Arch-
dale street ; 2. Stonewall Engine House, corner George and Col-

City

OF SOUTH CAROLINA. 98'}

lege streets; 3. Comet Engiiio House, Beaiifain street. Ward o — A. D. i«7-..
1. Eagle Etigiiio House, Mc'ctiiii^ street ; 2. Unite<l Engine House, ^ "'

Calhoun street. Ward <) — 1. Washington Engine House, Vander-
horst street; 2. Marion Engine House, Cannon street; 3. Ice
House, Rutledge street. Ward 7 — 1. Ashley Engine House,
Columhus street. Ward -S — I. Niagara Engine H(»ur,e, Sires street.

In the County of Ciiester there sliall he eleven voting precincts, ciicHier.
as follows: Chester Court House, Lowry.sville, Lewis' Turn Out,
Torbette's Mill, Rossville, McAlilley's Mill, Carmel HilJ, Dave
Moffat's Store, Landsford, Boyd's Store, Rich Hill.

In the County of Chesterfield there shall beuine voting precincts, chusterfieid.
as follows : Chesterfield Court House, Cheraw, Stcerpen Springs,
Cole Hill, Mt. Crnghan, Old Store, Jefl'erson, Alligator, Oro.

In the County of Clarendon there shall be ten voting precincts, ciurendon.
as follows : Manning, Fulton, Packsville, Calhoun, Shorter's, Tin-
dale, Forks, Witherspoon, Brentley's, Mott's.

In the County of Colleton there shall be nineteen voting pre- Colleton,
cincts, as follows : Walterboro, Horse Pen, Bell's Cross Roads,
Smoke's Cross Roads, Snider's Cross Roads, Preacher's ]\[ill, Blue
House, Ashepoo, Jacksonboro, Maple Cane, Gloverville, Adam's
Run, Ravenel's, Rantowle's Station, Dolaraars' Cross Roads, Sum-
merville, Ridgeville, George's Station, Stock's Causeway.

In the County of Darlington there shall be ten voting precincts, D.niinpton.
as follows : Darlington Court House, Nos. 1 and 2; Timnionsville,
Society Hill, Florence, Whipple's, Lisbon, Leavenworth, Effiiigton,
Lydia.

In the County of Edgefield there shall be eighteen voting pre- EdgoGeld.
cincts, as follows: Edgefield Court House, Nos. 1 and 2 ; Meeting
Street, Trapp's Mill, Haltiwangcr's Store, Johnson's Depot, Ridge
Spring, Perry's Cross Roads, Coleman's Cross Roads, Talbert's
Store, Cheatham's Store, Shaw's Mill, Curryton, Landrum's Store,
Liberty Hill, Red Hill, Mount Willery, Richardsonville.

In the County of Fairfield there shall be ten voting precincts, as y.^■ ,- .■ ■
follows: Jenkinville, Monticello, Feasterville, Youngville, Glad-
den's Grove, Durham's, Winnsboro, Ridgeway, Horeb Church,
Doko.

In the County of Georgetown there shall be twelve voting pre- d-orgctown.
cincts, as follows : Georgetown, Sampit, Camero Bay, Upper Wac-
camaw, Lower Waccamaw, Santee, Black River, Peedee, Choppee,
Grier's Poll.

In the County of Greenville there shall be eighteen voting pre- cJiceuviiio
cincts, as follows: Greenville Court House, W. C. Yeargin's, John
Charles', A. W. Ware's, Sullivan's Factory, T. Henry Stokes',
Jesse K. Stone's, Jesse Burdett's, Sr., Batcsville, Chick's Springs,

9S4

STATUTES A.T LARGE

A. D. 1875.

Horry.

Kershaw.

LuDcnster.

Laurens.

Lexington.

Marion.

Marlboro.

Newberry.

Oconee.

Orangeburg.

Double Springs Church, T. J. Mitchell's, G. W. Center's, John H.
Guudwin':?, Alfred Hood'3, ^larietta, Burton'.s 0I<1 Field, Reedy
River Church.

In the County of Horry there .shall be eleven voting precincts,
as I'ollows : Conwayboro, Socartee, Bull Creek Muster Shed, Dog's
Bluti' Muster Shed, Gallavant's Ferry, Floyd's Store, Green Sea,
at Blautou's Cros.s Roads, Bayboro. at Round Swamp Store, Lit-
tle River Village, Dogwood Neck School House.

In the County of Kershaw there shall be seven voting precincts,
as follows : Camden, Nos. 1 and 2, Market and Court House Pre-
cincts, Schrock's Mill, Lyzenly, Buffalo, Flat Rock, Red Hill.

In the County of Lanca.ster there shall be seven voting pre-
cincts, as follows: Belair, Waxsaw, Lancaster Court House, Dry
Creek, Taxahaw, Montgomery aud Caston.

In the County of Laurens there shall be eight voting precincts,
as follows : At Laurens Court House, number 1, 2, 3 and 4 ; Clin-
ton, Hamilton's, Young's Store, New Hope near Bryson's Old
Field.

lu the County of Lexington there shall be fourteen voting pre-
cincts, a.s follows : Lexington Court House, Paul Black's Store,
Leesville, Summit Point, Charles Hutto's, Williams', Red Store,
Rich's Store, Casey's, Arthur's Turn Out, Luke Davis', Spring Hill,
Efiird's and Counts' Store, John Minuick's.

In the County of Marion there shall be fifteen voting precincts,
as follows : Aerial, Berry's Cross Roa<ls, Britton's Neck, Camp-
bell's Bridge, Cain's, Friendship, High Hill, Little Rock, McMil-
lan's, Marion, Mars Bluff, Mullins, Nichols, Old Ark and Stone's.

In the County of Marlboro there shall be eight voting precincts,
as follows : Adan)sville, Bennettsville, Brownsville, Briglitsville,
Hebron, Red Bluf}', Red Hill and Smithville.

In the County of Newberry there shall be eleven voting pre-
cincts, as follows: Newberry Court House, Nos. 1 aud 2; Gibson's
Store, Glymphville, Maybinton, Whitmier's Store, Jalapa, Wil-
liams' Store, Longshore, Prosperity and Pomaria.

In the County of Oconee there shall be fourteen voting precincts,
as follows: Walhalla, West L'nion, High Falls, Salem, Little
River, Rowland's, Mr.-«. Barker's, Fenton, li. Hall's, Rock Springs,
Westminster, Seneca City, Center, Silton's Mill and Fair Play.

In the County of Orangeburg there shall be twenty-two voting
precincts, as follows: Orangeburg Court House, Branchville,
Rowe's Pump, Jamison T. O., Lewisville, Fort Motte, Fogle's,
Washington Seminary, Club House, Griffin's, Avinger's, Felder's,
Elliott's, Ziegler's, Bull Swamp, Gleaton's, Brown's, Cobcttsville,
Easterling's, Cedar Grove, Foures' Chapel and Bookhardt's.

OF SOUTH CAROLINA. 98o

A. T). is".

Pickens.

Ki'hhiiiil.

Spiirtiiiiburif.

Til tlio County of rickens there sliall he nine votinfj precincts, as
follows: Easley Station, Ahncr Oilcll's, Central Station, IIoward'H
Shop, Pickens Court House, Dacusville, Punipkintown, Easlatoe
Camp Ground and Elijah Hinkle's.

In the County of Kiclilan<i there shall he twelve votin<; pre-
cincts, as follows: Acton's, Gadsden, Hopkins', Trenholm's, Davis'.
Killian's, Cainj) Ground, Garner's, City of Columbia — Ward 1,
Ward 2, Ward 3, Ward 4.

In the County of Spartanluirg there shall be twenty-six voting
precincts, as follows: Spartanburg Court House, Bivingsville,
Pacolet Depot, White Plains, Macedonia Church, Limestone
Springs, Grassy Pond, J. H. E/.ell's Store, Thome's, New Prospect,
Cherokee Springs, MeKelly's Old Place, Calvin Foster's, Canipo-
bello, Holly Springs, Duncan's, Crawfordsville, Reidsville, Cashville,
"Woodruff's, Hobby's, Walnut Grove, Hebron, Cross Anchor,
Glenn Springs, Ralph Smith's Old Place.

In the County of Sumter there shall be eighteen voting pre- sumter
cincts, as follows: Sumter Court House, Nos. 1 and 2; Stateburg,
Providence, Rafton Creek, Bishopville, Carter Crossing, Swimming
Pens, Mayesville, Johnston's Store, Lynchburg, Shiloh, Concord,
Priviteer, Manchester, Spring Hill, Wedgefield, Corbett's Store.

In the County of Union there shall be fifteen voting precincts, vnion.
as follows : Union Court House, Draytonville, Timber Ridge, Wil-
kinsville, Tollison's Store, Glandyburg Mills, Kelly's, Going's,
Hughes', Santuc, Goshen Hill, Cross Keys, Jasper Gibbs', Jones-
ville and Fish Dam.

In the County of Williamsburg there shall be eleven voting pre- Wiiiiam
cincts, as follows: Kingstree, Salter's, Gourdin's, Anderson, Cedar "'^''
Swamp, Black Mingo, Indian Town, Muddy Creek, Lewis' Store,
McAllister School House and Sutton's.

lu the County of York there shall be twelve voting precincts, as Y„r|j
follows: Yorkville, Hickory Grove, Boydton, Bethany, Clay Hill,
Fort Mill, Rock Hill, Coate's Tavern,' Pride's Old Mill, McCon-
nellsville, Blairsville, Bethel.

Approved March 21>, 1.S75.

AN ACT TO Reduce All Acts and Parts of Acts in Rela- No. 800.
TioN TO County Commissr>ni;h.s, Tiikik Powkhs and DiTitx,
INTO One Act, and to Amknd the Sami;.

Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-

986 STATUTES AT LARGE

A. D. 1875. eral Assembly, and by the authority of the sarae, That County
Commissioners, elected in purauance of Section 19 of Article IV of

JuiL-aktion. the C^onstitution, shall have jurisdiction over roads, highways, fer-
ries and bridges, and all matters relating to taxes and disbursements
of money for County j)urposes, the granting of licenses to retail
spirituous or malt liquors, wine or cider, in accordance with the
provisions of law, and in every other case that may be necessary to
the internal improvement and local concerns in their respective
Counties.

When to be Sec. 2. There shall be an election held on the second Tuesday of
November, Anno Domini one thousand eight hundred and seventy-
six, and on the same day every second year thereafter, for the elec-
tion of three County Commissioners in each County.

Sec. 3. That the County Commissioners shall, before entering upon
the discharge of the duties of their office, be, and they are hereby, re-

To give bond. Quired to give a bond for the use of their respective" Counties, in the
penal sum of two thousand dollars each, with three good and sufficient
sureties, to be approved by the Clerk of Court of their respective
Counties; and in case the office of Clerk of Court is vacant, or if
said Clerk refuses to act, then, by the Attorney General of the State,
conditioned for thefiiithful performance of the duties of their office:

Proviso. Provided, That the County Commissioners of Charleston County
shall furnish a bond, in the penal sura of ten thousand dollars
each ; and the County Commissioners of the Counties of Beaufort,
Barnwell and Orangeburg shall furnish a bond of five thousand
dollars each. County Commissioners shall, before entering upon

Chuiiman. their duties, be sworn, and at their first meeting shall elect a Chair-
man of their Board.

Sec. 4. Members of the Board of County Commissioners shall
fiee. hold their office for the term of two years, and until their success-

ors are elected and qualified : Provided, If any person elected a
member of said Board shall remove from the County without inten-

Disqiiaiifica- tiou to return, be or become disqualified, be removed from office, re-
sign or die, the said office, upon proper evidence thereof, shall be
declared vacant by the Governor of the State, who shall thereupon,
by proclamation, if the vacancy to be filled be for more than one

Vacancies, year, call an election in said County to fill the unexpired term of
said office, giving at least twenty days' notice thereof in the. news-
paper having the largest circulation in said County; and if the
unexpired term of said office is less than one year, the Governor
shall fill the office of such unexpired term by appointment.
t'> meet for Sec. 5. That all the Board of County Commissioners shall be

transaction of n \ • n t • i i n i- i • ii

business. present for the transaction of business, and shall audit and sign all

teIsi''Mi*chet-k°' bills and checks. The checks shall, in all cases, be countersigned

OF SOUTH CAROLINA. 987

by the Clerk of the Board : Provided, That in case of the sickness, -^- ^'- ^'*'"'-
vacancy or inability to attend, a majority of said Board can act: ^ "~

Provided, further, That the reasons lor the absence of any member
shall be recorded with the proceedings of the meeting.

Sec. 6. Every Chairman shall have pcnver to administer an <»ath
to any person concerning any matter submitted to the Board, or
connected with their powers or duties.

Sec. 7. The County Commissioners of the several Counties of Annuui «n<l
this State shall meet annually at the County seat in their respective inga.
Counties for the dispatch of business; they shall hold s[)e('ial meet-
ings, at such times and places as they may find convenient, and
shall have power to adjourn from time to time as they may deem
necessary.

Sec. 8. County Commissioners, when assembled for the perform- Mny punish

.. -iTii 1 •• contcuipt.

ance of their duties, may punish disorderly conduct causing inter-
ruption to the business of their meetings, amounting to an open and
direct contempt of their authority or their persons, by fine not ex^
ceeding ten dollars, or by imprisonment in the County jail for a
terra not exceeding twelve hours.

Sec. 9. Sheriffs, Deputy Sheriffs, Coroners and Constables, shall Officers to
serve and execute all legal orders, warrants or processes to them "a.
directed by the County Commissioners.

Sbc. 10. The Board of County Commissioners of each County in powers.
the State shall have power, at their annual meetings:

1. To cause to be levied, collected and paid to the Treasurer of To rni:<e mo-

^1 /-, . ,. ,.,.,.., , ney for l)uild-

the County a certain sum or money which, in their judgment, may be ing bridges,
necessary to construct bridges therein, and to prescribe upon what
plan afld in what manner the money to be raised shall be ex-
pended ; and the money so raised shall be appropriated to no other
purpose, unless there is an excess of this specific fund, and, in tluit
event, the excess may be appropriated by the County Commissioners
to the payment of any other legal claims against the County.

2. To cause to be levied, collected and paid, a certain sum of

money for rebuilding or repairing the Court House or jail of their To mise mo-

•' o I o .) m-y for )iublu-

County ; and to prescribe upon what plan, or in what manner, '^'liiJing^-
money so raised shall be expended ; and all work given out by the
County Commissioners to be done on tlie public buildings a> afore-
fiaid, when the amount shall exceed one hundred dollars, shall be
done by contract ; and the Commissioners are hereby required to -Work to be
advertise the same, at least in one of the papers of the County, for '^^^'^^^^ ^^ *'°"*
thirty days for proposals; said proposals shall, in all cases, be ac-
companied by two or more sufficient sureties; and the County Com-
missioners shall have the right to reject any or all bids if in their
judgment the interest of the County so require. If there should

988 STATUTES AT LARGE

A. T>. isTo. \)Q jin excess in this specific fund in any year, it shall be appro-

printed by the County Commissioners to the payment of any other

legal claims against the County.

Tornisemo- 3. To cause to be raised by tax upon each County any sura of

ing poor houses TOoney not to exceed five thousand dollars in any one year, for the

and for support ,. i • .1 1 1 ^1 • j i i- • • i- c »•

of poor. purpose mentioned in the second and third fcuu-divisions 01 oection

12 of this Act; and if there is any excess in the fund in any year,

the excess to be appropriated to the payment of any other legal

claims against the County.

To raise mo- 4. To cause to be levied, collected and paid to the County Treas-

ipy for curreut . ,.,.,..,

t.xpenies. urer, a certain sum or money, which, in their judgment, may be
necessary to pay all claims against the County for fees, disburse-
ments, services or labor ; and in the event of any excess in this
fund over the amount of claims allowed, the excess shall be appro-
priated by the County Commissioners to the payment of claims of
this character arising in the next succeeding fiscal year : Provided,
That the levy mentioned in sub-divisions 1, 2, 3 and 4 of this Sec-
tion, shall always be included in the general levy for County pur-
poses, which shall not exceed in any one year the number of mills
provided by law : Provided, further, That no other levy shall be
made except by special enactment of the General Assembly.
To aspess ggc. 11. The Countv Commissioners shall assess all taxes for

taxes tor Uoun- •'

ty purposes. County purposes upon the then last State valuation ; and for this
purpose shall, on or before the first day of November in each year,
obtain from the Auditor of the County, (who is authorized and re-
quired to furnish the same,) a certified copy of the abstract of the
County duplicate, and shall, on or before the 15th day of Novem-
ber thereafter, pursuant to authority given by special enactment of
the General Assembly, make out and deliver to the County Treas-
urer, with their warrant to collect, a tax bill for County purposes;
said tax bill and warrant shall be signed by the County Commis-
sioners, sealed with their seal, and certified to by their Clerk ; and
said tax bill and warrant shall be the Treasurer's suflRcient war-
rant, and he shall proceed thereon to collect the tax therein levied, in
the same manner as provided by law for the collection of the State
taxes. It shall be the duty of the County Treasurer to keep each
■p , . y^ fund raised by taxes for the specific objects separate and distinct,

kept separate and to make a monthly report to the County Commissioners, show-
ami distinct. - * •'

ing the balance on hand of each fund, to enable the County Com-
missioners to appropriate the separate funds according to law.

Sec. 12. The Board of County Commissioners shall have -power,
and they are authorized at any meeting thereof, lawfully assem-
c l^Jed :

Payment of . 1 i • i 11 a. r

accounts. 1, To examine, approve and Order paid all accounts 01 every

OF SOUTH CAROLINA. 0.«(9

kind whatsoever against the County, and to draw orders upon the ^- ^- l^"''-
County Treasurer for the payment of tlie same ; hut the County
Conimi.ssioners shall not draw any order upon the County Treasurer
unless he has the funds in the treasury, appropriated for the par-
ticular object, to pay the same; and to enable him to determine
whether there is the specific fund upon which to draw, the County
Commissioners shall indicate, on the face of eaeh order, the nature
of the claim in payment of which it has been given.

2. To purchase for the use of their respective Counties any real Ptinlmpn of
estate necessary for the erection of building-!, and for the support of

the poor of such County.

3. To fix upon and determine the site of any such building', and Poor houses,
cause to be erected necessary buildings for poor houses, and pre-
scribe the manner of erecting the same.

4. To borrow money for the use of such County, to be expended May borrow

, ' ■ n I money.

for the j)urchase of any real estate, or for the erection of any such

buildings, and to provide for the payment thereof, with interest, by

tax upon such Couuty, within ten years from the date of such loan,

in yearly instalments or otherwise: Provided, That no such loan Proviso.

shall be created by the County Commissioners until they notify the

General Assembly of the necessity therefor, and authority be granted

to them to create such loan, after submitting the same to the electors

of the County, and likewise obtaining the authority of a two-thirds

majority of the voters voting thereon.

5. To authorize the sale or leasing: of any real estate belonginsr May iea.«c or

,^ , •■,,.,., sell County

to such County, and to prescribe the mode in which any conveyance property,
shall be made : Provided, The sale or leasing of the real estate be
recommended by the grand jury of such County, and receive the
sanction of the Circuit Judge.

6. To make such orders concerning the use of the corporate prop-
erty of the County for public County purposes as they may deem
expedient.

7. To examine, approve or disapi)roye the official bonds of all To approve

. . bonds.

County officers, except their own bonds, which must be examined and
approved or disapproved by the Clerk of the Court or Attorney
General.

8. To rc(juire any C'ounty officer, whose salary is paid by the May n'.iuiro
^, , " 111" I • " reports from

County, to make report, under oath, to tliem, on any subject or ecrtjiiiioflieers.
niattiT connected \vith the duties of their offices ; and the said officers
are rcouired to make such report whenever called upon by resolu-
tion of such Board ; and if any officer shall neglect or refuse to make
such report, he shall be deemed guilty of a misdemeanor and pun-
ishable by fine or imprisonment, witiiin the iliscretion of the Circuit
Judge.

990 STATUTES AT LARGE

A. J). 1S7.">. 9 To appoint Special Cijmmissionerd to lay out public highways
Z" ^. T in those cases where they shall be ealisfied that the road applied for

CoinniisiSion- _ ■' ' '

ors to iiiy out jg important, aud notice is iriven to the land owners throu'^h whose
lands the highways will pass.

10. To divide their Counties into highway districts, each district
County^ 'i^n to ^^ Contain not less than ten miles of public highways, nor more than
highway dis- forty miles, to be convenient for re[)airing highways, and may, from
time to time, alter the same.

Sec. 13. The County Commissioners shall have power to provide
tion o*t''"s[feclaI f««* the payment of the Special Commissioners appointed under the
Commission- j^j^^j^ gu^.tiivigjon of Section 12 of this Act for their time and ex-
penses, at a rate not exceeding three dollars per day each, and five
cents for each mile of necessary travel. The decisions made by the
Special Commissioners n)ay be appealed from, and reviewed in the
mn^- berevi*ew- ^^"^^ manner, and with like authority, as is allowed by law from
"^^ the acts of the County Commissioners. Tlie work to be laid out by

such special Commissioners, or the same as settled on appeal, shall
Roads may be recorded, opened and worked as public highways of the towns,
IvmTed.'^'^ ''"^^ cities or Counties in which they are respectively situated, in the same
I manner as other highways of the town, city or County are required

by law to be recorded, opened and worked : Provided, This power
to open new highways shall not be exercised in any incorporated
city, town or village.

Sec. 14. The County Commissioners shall take charge of and

keep in repair the highAvays in the County; the bridges shall be

repaired under their supervision, and the expense of the same shall

Repairs of be paid out of the money in the Treasury raised and appropriated

bndges?^ "" for this purpose ; and all the work on bridges, given out by the

County Commissioners, when the amount shall exceed the sum of

Work to be °^® hundred dollars, shall be done by contract; and the County

tract ^^ *^°° Commissioners are hereby required to advertise the same in ct least

one of the papers of the County; said proposal shall, in all cases,

be accompanied by two or more sufficient sureties, and the County

Commissioners shall have the right to reject any or all bids if in

their judgment the interest of the County so require.

Sec. 15. Special meetings of the Board of County Commissioners
Special meet- of any Couutv may be called by the Chairman of the Board, on
his own motion, or the written request or other members or tlie
Board.

Sec. 16. Each Board of County Commissioners shall appoint
Clerk of Board, some propel person to be their Clerk whenever necessary, and may
remove him at pleasure, whose general duties it shall be :

1. To record in a book, to be provided for the purpose, all pro-
Duties, ceediugs by the Board.

OF ROTTTII CAROLINA. 091

2. To make regular cutrifH of all the resolutions or decisions on ^- P- ^^'"-^
all questions concerning the raising or j)ayinent of money.

3. To record the vote of ouch Commiasioner on all questions sub-
mitted to the lioanl, if rerjuircd hy any member present.

4. To presfcrvo and file all the accounts acted upon by the lioard.

Said Clerk shall take tiie oath j^rescribed by the Constitution. To take oath.
ITc sluill receive a reasonable compensation for his service-H, to be
lixed by the Board, not to exceed three dollars per day for the
time actually and necessarily employed.

Sic. 17. Every resolution of any lioard of County Commissioners, DcfixionH to

„ , . . 1 n L • 1 Rerecorded.

]);issed in i)ursuance ot the j)rovisions or this Act, sliall be signed
by the Chairman and Clerk of the Board, and be recorded in the
book of miscellaneous records in the office of the County Commis-
sioners.

Sec. 18. The Board of County Commissioners of any County Seal of Board,
may adopt a seal, and when so adopted, the Clerk of such Board
shall cause a description thereof, together with an impression there-
from, to be filed in the office of the Clerk of the Court of Common
Pleas and General Sessions of said County, and in the office of the
Secretary of State ; and the same shall thereupon be the seal of the
Board of County Commissioners for such County.

Si:c. 19. Copies of all papers duly filed in the office of the Board ^./^jP'*'* "'" "'
of County Commissioners of any County, and transcripts from the
books of record kept there, certified by such Clerk, with the seal of
office affixed, shall be evidence in all Courts and places in like man-
ner as if the original were produced.

Sf.c. 20. Each County shall pay: Count.vtopny;

1. The fees of grand and petit jurors while in attendance upon Jurors,
the Circuit Courts.

2. Witnesses' fees, in Slate cases, for actual attendance on the 'Witnesses.
Circuit Courts, and for actual attendance on a Trial Justice's Court.

3. Fees of physicians and surgeons testifying as experts before a physiitinns for
Coroner's jury, or at the Circuit Court, after a post mortem exami- fiuiinaiYoua.''^'
nation, ten dollars, and five cents per mile for actual and necessary

travel.

4. Fees of Sheriffs, in State cases, at the rates allowed by law. Plicriffs.

"). Fees of the Clerks of the Circuit Court, in State cases, and for riorks of
all other services, to be paid by the County at the rates allowed by "^ ""■■'•
law.

(5. Fees of the County Coroners, at the rates alhnvetl by law. Coroners.

7. Fees of the Circuit Solicitors for services in the County, when Circuit Soli-
not collected from the defendant, at the following rates: In a trial
before a jury in civil or criminal cases, or before referees, a docket
fee of ten dollars; in casi's at law, when judgment is rendered
without a jury, seven dollars and fifty cents.

092 STATUTES AT LARGE

A. D. 1875. 3 ^]i fpgg r^J^^] accounts of Trial Justices and other officers for
rr ■ , , ,■ criminal proceed Infjs, includin<; cu.sc.s of vagrancy, when not re-

Jniil Justices. ' *' ' o to J >

covered from the defendant or party complaining, at the rates al-
lowed by law, shall be paid by the County wherein the offense shall
ha-ve been committed: Provided, Said fees and accounts do not ex-
ceed the sum of five hundred dollars per annum, and all accounts
rendered for such proceeding.s .«hall state when such offense was
committed: Provided, further, That the provisions of this Section
shall not apply to the Counties where, by special legislation, such
fees and accounts have been otherwise provided for.

Sec. 21. No accounts shall be audited and ordered to be paid by
Aocounts— the County Commissioners for any labor performed, fees, services,

conditions re- _ •' j i > » »

quisite to ob- disbursements, or any other matter, unless such account shall be

tain payment . . ^ . . n^ i •

of. made out in items^and accompanied with an affidavit attached to

and to be filed with such account, made by tlie person or officer
presenting or claiming the same, that the items of such account
are correct, and that the labor, fees, disbursements, services or other
raatter charged therein have been done, made, rendered or are due,
in fact, and stating that no part of the same has been paid or satis-
fied. And the Circuit Solicitor, the Clerk of the Court, the County
Sheriff and Trial Justices, shall declare, further, on oath, that the
costs in such cases have not been recovered out of the defendants,
and that the defendants are uuable to pay costs; and. further, that
all fines and penalties heretofore collected by them have been faith-
fully and fully paid over to the County Treasurer. Before the ac-
counts of Sheriffs, Circuit Solicitors, Trial Justices, Clerks of the
Court, and Coroners, shall be presented to the County Commission-
ers for examination, approval, and orders for payment upon the
County Treasurer, they shall be examined and certified to a.s correct
by the Judge presiding in the Circuit Court in the County. Before
the fees of witnesses shall be examined and ordered to be paid by
the County Commissioners, the certificate to be issued to them by
the Clerk of the Court shall be certified to by the Circuit Solicitor
that they are correct and the attendance upon the Circuit Court has
Proviso. been given for the number of days therein specified: Provided,
Nothing in this Section shall be construed to prevent any Board
from disallowing any account, in whole or in part, when so rendered
and verified, if it appears that the charges are incorrect, or that
the services or disbursements have not, in fact, been made or ren-
dered, nor from requiring any other or further evidence of the truth
or propriety thereof. No allowance or payment beyond legal claims
shall ever be allowed. And the Board of County Commissioners
in any County may refuse to audit or allow any claim or demand
whatsoever, unless made out and verified in the manner herein
specified.

OF SOrni CAUOLIXA. 093

Sk(". 22. The fiscal year shall toiimiciKC on the first day c)f Xo- A.D. is"'..

venil)i;r of" each vt-ar. Tho aumial Jiicot'm;' of the lioard of Cuunly ... ^

° ^ •' I'lscul ycur.

Cominissioiiers for each County shall be on the first Tueadiiy after
the first Monday of Septi'iiiher, and the ('Icrk of the Board shuU
•five notice of time of holdinj^ said annual nicetiiig, by inst;rtin;;
the same at least once a week for four weeks previous to such
meeting, in any newspaper pnldished in the County; and il" there
be no paper published in the County, then he shall post said notice
on the Court House door; said notice shall require all persons hold- Prosentntion
iiit^ bills, accounts or demands of any kind against the County
which have not been before presented to the Board of County Com-
missioners at special meetings held during the year, to deposit the
same with the said Clerk on or before the first day of November, so
that they may be examined and ordered to be paid at the annual
meeting; and it shall be the duty of all persons holding such ac-
counts or claims not paid to deposit them with the Clerk of the
Board in accordance with the requirements contained in the notice.

Sec. 23. Accounts presented, examined and approved by the j^ ^ , ,
Countv Commissioners during the fiscal year shall be numbered '^'-' . ni>"ibered
from number one upwards, in the order in which they are presented,
audited and ordered to be paid; and a memorandum of the time of
])resenting the same, of the names of the persons in whose favor
thev slmll be made out, and by whom they shall be presented, shall
be entered in the minutes of the Board to which they shall be pre-
sented; and no such account, when presented, audited and ordered y^^j ^^ ^^^
to be paid, shall be withdrawn from the custody of the Board or its )'' ' ^ •> '• •" « «' »

I ' J Irom custody

Clerk for any purpose whatever, except to be used in evidence upon i-'H'j'irJ-

a judicial trial or proceeding, and, in such case, it shall, after being

so used, be forthwith returned to such custody. And after the pass- x- . .

' •' _ ^ Not to bo

atre of this Act, no claims of any class or description drawn against i"''J until ox-
any County in this State shall be paid by the County Treasurer of prmca.
any County until such claims have first been examined, approved
and allowed by the Board of County Commissioners of such County.
And the said Commissioners, after examining, approving and al-
lowing such claims, shall, if there be funds in the hands of the Drnwing of
County Treasurer, sul)ject to the payment of said claims, draw their
checks for the payment of the said claims upon the Treasurer of
their respective Counties, specifying the fiscal year for which the Cuiu-elluiioa
claims were contracted or incurred, and immediately cancel the said '''"'^'••»»"»'
claims and file the same in their office as a voucher for their draft.

And it shall not be lawful f )r anv County Treasurer to pav any ,„

■' _ ' - -^ I reiisurcr to

claim ajjainst the County except upon the checks of the County I'.'^y "i>iy. upon
. ° . _ 7 ' ' . _ •' checks ot Corn-

Commissioners of the said Counly, which .-liull hi'ar upon their face mis-Moners.

not only the number, amount and name ol' the party in whose favor

994 STATUTES AT LARGE

A.D.l^". they are drawn, but the nature of the claims fur which they are
^ "^ drawn and the fiscal year in which they were contracted or incurred.
Treasurers to The Said chccks shall be the vouchers of the County Treasurers, to
toShirs?'"' "'^ ^c held by them until their annual settlement with the Auditors of
their Counties, when the said checks of the County Commissioners
County Audi- shall be tumcd over to the County Auditors and shall be cancelled
and ° recefpt by them, and the said County Auditors shall thereupon give to the
said County Treasurers their official receipts for the aggregate
amount of such checks which have been paid within the year for
which they were issued, which receipts shall be the personal vouch-
ers of the said Treasurers.

Sec. 24. It shall be the duty of the Clerk of the Board to desig-
Duties of nate every account upon which any sum shall be audited and
allowed by the Board, the amount so audited and allowed, and the
charges for which the same was allowed ; and he shall also deliver
to any person "who may desire it a certified copy of any account on
file in his office, on receiving from such person ten cents for every
folio of one hundred words contained in such copy; and the Board
shall endorse on every account allowed and ordered to be paid
words indicating that it has been audited above the signatures of
each of the County Commissioners.

Sec. 25. The books, records and account? of the Board of County
Books to be Commissioners shall be deposited with their Clerk, and shall be
nation?"^^''™'' Open, without reward, to the examination of all persons.

Sec. 26. It shall be the duty of the Board of County Coramis-

To publish sioners in each County, annually, to publish in one or more news-
annual state- . , , • 1 , 1 • 1 /-I . J 1 f
ments of ex- papers printed or circulated in such County, the name of every in-
dividual who shall have had any account audited and allowed by
said Board during the fiscal year, and the amount of said account
or claim as allowed, together with the amount claimed.

Sec. 27. It shall be the duty of the Clerk of the Board of County
Clerk, further Commissioners, on or before the first Tuesday after the first Monday in
November in each year, to make out a statement, showing:

1. The number of days the Board shall have been in session
within each year, and the distance travelled by the members re-
spectively, in attending the meetings of the Board, or in perform-
ing other duty required of them.

2. Whether any accounts were audited and allowed, without be-
ing verified, according to law, and, if any, how much and for what;
and such statement shall be certified by such Clerk, and be printed
in a newspaper published or circulated in the County within two
weeks after such statement shall be made out; and it shall be the
special duty of such Clerk to see that the same is so published :
and for every intentional neglect so to do, such Clerk shall be

OF SOUTH CAROLINA. 995

(leeinctl guilty of Ji misdemeanor, j)iiiiisli!»l)lt' hy linr or iiii|»ri.«ou- A. D. 1*75.
uient, within the discretion of the Court. "^^

8Kr. 28. Each member of the Board shall he allowed compen.sa- r.,mpcnnji-
tioii for his services in attending,' the meetiiig.s ot the Iviard, and for niiwionur*.
necessary time spent in di-scharging other duties imposed hy law, if
any, at the rate of three dollars per day, and five cents per mile for
necessary travel : Provldnl, That compensation shall not ,l)e allowed
to any member of the Board of Ci)unty Coramissiouers for e.Kceed-
iiig one hundred days in any one year, except to the members of the
Board of County Commissioners for the County of Charleston, who
shall not be allowed compensation ibr exceeding one hundred and
fifty days in any one year. An account shall be made out in items,
with dates prefixed, accompanied with the affidavit of the member,
slating that the items of such accounts are just, and that the servi-
ces therein mentioned have been rendered as stated, and no part of
said account has been paid. The accounts shall be presented to tlie Trensurer to
County Auditor, who shall audit, and, if correct, the County Treas- I'-'v .'"'"'•ns for
urer shall pay tho same out of funds accrued from taxes levied
and collected for payment of accounts and claims against the
County. Copies of all accounts thus presented and paid by the
County Treasurer shall be filed with the Clerk of the Board of
County Commissioners, for the examination of all persons who mav
desire to inspect them.

8fx'. 29. No member of the Board of County Commissioners ^•'"'"'^ 'IJ'u^'

ance prohibil-

shall vote for an extra allowance to any person who is paid bv sal- *^''-
ary, nor shall the 'Ireasurer of said County knowingly pay to any
such person any extra allowance ; nor shall the County Commis-
sioners approve any account of the County Auditor of any County
for assessing property, for a greater amount than the actual cost of
the same to the County Auditors, to be shown by an itemized ac-
count sworn to by the Auditors. Every offcnso against the provi-
sions of this Section shall be a misdemeanor, })UMishable bv a fine luakiuj?.'
of not less than one hundred doilurs, or b}' imprisonment in the
County jail for a period not exceeding six months, or by both such
fine and imprisonment.

Sec. .'](). Should the County Commissioners, or any one of them ^'"'t •" p"""-

ii I'll 1 1 1-1 • 1- 1 1 • ' «'l>n-'>L" elniiii.4

or the Clerk, purchase, directly or iM<lirecLly, any claim or account a^fuinst Couu-

against the County, or any order drawn upon the County Treasurer,

for less than its face value, they shall be deemed guilty of a misde-

)neanor in office, and, upon conviction thereof, shall be punished bv

fine or imprisonment in the discretion of the Circuit Court. And

if any County Commissioner shall refuse or neglect to perform any

duty required of him by law as a member of the Board of County

Commissioners, he shall, for every such olfcnse, forfeit the sum of

two hundred and fifty dollars, and be removed from office.

996 STATUTES AT LARGE

A.D. 1875. Sec. 31. County Commissioners shall, annually, on or before the
^ first day of November of each year, prepare and make up the esti-

Annual esti- ^ „ ^, , , i , /. i /? i ,

mates. mate for all County charges and debts lor the iiscal year then ensu-

ing, which shall contain a certain amount necessary for bridges, fn'
repairing or rebuilding court houses and jails, for the poor, for
accounts and claims of officers and all other persons, and for sta-
tionery, advertising, rent of office for Auditor and Treasurer, and
other contingent expenses of this character, and the rate of taxation
necessary to raise money to meet the same. The estimate so made
up and approved by them shall be recorded by their Clerk, in a
book kept for that purpose; and a fair copy thereof, with a state-
ment of the amount of borrowed money due from the County, and
of the amount of taxes due and unpaid at the time of making said
estimates, signed by the Commissioners, and attested by their Clerk,
shall, with the Treasurer's accounts, be made up and transmitted by
To be trans- ^he Clerk to the office of the Comptroller General of the State, to

mittedto "^

C om ptrol- be laid before the General Assembly for approval.

ler General. '' ' ' . .

Sec. 32. It shall be the duty of the County Commissioners to

furnish the County Auditor, School Commissioner and Treasurer of

office room for their respective Counties, office room, together with the necessary

oun yo cers. f^^ j,jjj^^j ^.^ ^^^ Stationery for the same, w^iich shall be kept at the

court house of their respective Counties.

Sec. 33. That the County Commissioners of the several Counties
Medical aid in the State are authorized, whenever, in their judgment, it is neces-

to indigent . ,.. , ■, 'iiii

sick. sary, to appoint one or more physicians, whose duty it shall be to

furnish medical aid to the indigent sick in their respective Counties;
and whenever accounts are rendered for the performance of such
duty, the County Commissioners are to examine such accounts, and,
if found correct, to audit the same, and give an order on the County
Treasurer fur their payment, out of the fund provided for other
accounts and claims.

Sec. 34. That the County Commissioners of the respective Coun-
To nrovide ^^^^ ^^^ ^^^'^ State are authorized and required to provide suitable

commodations' hospital accommodatious in connection with the poor house, at or
near the County seats of their respective Counties, where the indi-
gent sick poor may receive medical and surgical aid, free of charge,
and to appoint physicians thereto : Provided, That no physician so
appointed to any of the hospitals shall charge for his services more
than half the usual fees.

Sec. 35. That if, at any time, the court house of any County in
When to fur- this State shall be in course of reconstruction or repair, or from

datio'ns for any Other cause shall not be in condition to be occupied, it shall be
the duty of the County Commissioners for such County to furnish
suitable rooms for the accommodation of the Courts and public
officers.

OF SOUTH CAROLINA. fJOT

Sep. 30. The County Commissioners of eacli County shall, on or A. D. 1875.
before November 15 in each year, make a report to the Comptroller ^

General, to be transmitted by him to the General Assembly, not KepoH to

, General A s -

only of the amount of taxes levied and collected in their respective seuibiy.
Counties, but all accounts which have been allowed and settled
the number and amount of orders drawn upon the County Treasu-
rer, the amount expended for rebuilding or repairing court house*
jail, poor house and bridges; in fact, a detailed account of all their
doings; and said report shall be made in such form as the Comp-
troller General of the State shall direct or prepare, or forward to
them for such purpose; and upon failure so to report they shall be
fined in a sum not less than two hundred nor more than five hun-
dred dollars.

Sec. 37. That no funds raised by taxation for any County pur- Funds exempt
poses whatsoever shall be subject to levy under the process of any
Court of this State.

Sec. 38. That all Acts or parts of Acts inconsistent with this
Act be, and the same are hereby, repealed.

Approved April 13, 1875.

from levy.

AN ACT TO Provide for the Settlement and Redemption
OF Certain Claims Against the State.

Whereas there are outstanding and unpaid certain legislative pay
certificates, Treasurer's bills payable, and claims passed by the Gen-
eral Assembly, amounting in all to about five hundred thousand
dollars :

Section 1. Be it enacted by the Senate and House of Repre- Claims Com-
sentatives of the State of South Carolina, now met and sitting in
General Assembly, and by the authority of the same, That W.
B. Gulick, Thomas S. Cavender and J. P. Southern, be, and they
are hereby, constituted Commissioners of Claims, and shall consti-
tute a " Commission on Claims."

Sec. 2. That the said Commission are hereby authorized and re- Dntio.* nf Com-
quired to audit, as liquidated debts of the State, all pay certificates '"'"^'""•
issued by both or either of the two Houses of the General Assera- 'Wiiat eiiiimifto
bly prior to the present session which have been duly registered with
the Clerks of the two Houses in accordance with the terras of a
concurrent resolution of the General Assembly, passed December
21, 1874, and which shall be certified by the said Clerks to have
been regularly and properly issued ; also all bills payable, issued by
the State Treasurer for money borrowed pursuant to the provisions
65

U98 STATUTES AT LARGE

A. D. 1ST5. uf a Joint Resolutiou of the General A.-isembly to provide for the

payment of certificate.s is^sued by the General As.sembly, approved

March 12, 1872, and also all claims which, by any action prior to

the present session, have been definitely fixed in amonnt and ordered

Mayaisailow jq be paid: Provided, however, Tiuit uothint? contained in this Sec-

citiims. tion shall be construed to deny to the said Commission the authority

to disallow, in whole or in part, any claim evidenced by such pay
certificates, bills payable, or such action of the General Assembly,
if the said Commission shall adjudge the same to be fraudulent, or
shall for any other cause adjudge that the same, or any part there-
of, is not a just, valid and proper demand against the State.
Duties of At- Sec. 3. That the Attorney General is hereby authorized and re.

I'rll^^ ^°" laired to attend the sessions of the said Commission and represent
therein the interests of the State, and shall receive such compensa-
tion therefor as shall be received by the members of the Commis-
sion respectively.
Claimants to Sec. 4. That all persons desirous of securing the benefits of this

claims to Com- Act shall surrender to the said Commission the pay certificates,

"^"■^ " bills payable, and other evidences of indebtedness in their po.-ises-

siou which may pertain to their claims ; and the said Commissioners
are hereby authorized and required, upon the auditing and allow-

Commission to x- "• i i • ^ i n .1 * • r- 1 -n 11

issue certifi- ance 01 said claims, to cancel all the pay certihcates, bills payable,
debtedness. '" and Other evidences of indebtedness which may pertain to the claims
so audited and allowed, and in lieu thereof shall issue to each
claimant, or his assigns, a certificate of State indebtedness, which
certificate shall be signed by the members of the said Commission,
or a majority of them, and shall set forth the amount ascertained
to be due to each claimant, and the terms and conditions on which
the said certificate may be lawfully redeemed under the provisions
of this Act. And the said Commission shall, in all cases, forthwith
deposit in the office of the Comptroller General all such legislative
pay certificates, bills payable, and other evidences of indebtedness
Cancelled go taken up and cancelled, with an accompanying memorandum

flaiins to be ^ ' f j 0

fk'i)oi'itod with signed by them, or a majority of them, showing their action in re-

(onipt roller o j / j j > n

General. fercncc thereto, and the Comptroller General shall file the same,

Holders to ac- Suitably marked and endorsed : Provided, That no claims shall be
inent.^'^^'''^ audited or allowed unless the holders thereof firs^ agree to accept

the terms of settlement provided for in this Act : And provided,
cWwul to he Tc-jK-rther, That all evidences of indebtedness disallowed shall be re-
ciaimiints. " turned to the claimants in the same condition as when received.

Sec. 5. That the said Commission shall make all needful rules

and regulations for their government, and for the proper presenta-
Registry. ^j^^j ^^^ proof of claims. They shall, also, keep a registry of all

claims presented to and acted upon by them, whether allowed or

OF SOUTH CAROLINA. 999

disallowed, iu wliole or in juirl. Tlity kIiuII, iil.so, kcrep a registry '^- '*• '''^•'••

of till certificates of State indebtednoM by tliein iesued to claimantj*. '

They shall, also, keep a record of all their proeeedinj:?, and from

time to time make to the (iovenior such reports a.-, he may re-

(juire.

Si:c. 0, That anv person who may hold a ccrtilicate of State in- . f"ini>ir'>ii.T
- ' _ _ / tii!ii<;nii to in-

debtedness, issued by said Commission, pursuant to the provisions of buo warnmta.

this Act, shall, upon presentation and surrender of the same at the
office of the Conijjtroller General, be entitled to receive for the
same four Comptroller General's warrants, numbered 1, 2, '*
and 4, respectively, each of them for one-eighth of the amount
of the certificates of State indebtedness so presented and sur-
rendered ; No. 1 payable out of the taxes to be levied and col-
lected fi)r the fiscal year commencing November 1, 1875; No. 2
payable out of the taxes to be levied and collected for the fiscal
year commencing November 1, 1876 ; No. 3 payable out of the
taxes to be levied and collected for the fiscal year commencing No-
vember 1, 1877; and No. 4 payable out of the taxes to be levied
and collected for the fiscal year commencing November 1, 1878 :
Provided, however, That the amount of legislative pay certificates, \m.,unt

bills payable, and other evidences of indebtedness, specified in •""''cJ-
Section 2 of this Act, and allowed, shall not exceed the sum of five
hundred thousand dollars, nor the amount of warrants issued the
sum of two hundred and fifty thousand dollars : And prodded, fur-
ther, That such warrants shall be issued in the order in which said
certificates of State indebtedness shall be surrendered.

Sec. 7. That the said Comptroller General's warrants shall bear Wiirrnnt*.
upon their face the declaration that their payment is secured by the tain,
levy of an annual tax of one-half of one mill on the dollar, to be
made upon the taxable property of the State for the fiscal years
mentioned in the preceding Section, which declaration, so author-
ized to be expressed thereon, shall be deemed and taken to be a
contract between the State and the holders of such Comptroller
General's warrants respectively.

Sec. 8. That an annual tax of one-half of one mill on the dollar Anmini tax to
upon the taxable property of the State be, and the same is hereby,
levied to be collected for and during the fiscal years mentioned in
Section 6 of this Act, for the purpose of paying and retiring the
said Comptroller General's warrants as they may become due and
payable. And it is hereby made the duty of the County Auditors
of the several Counties in the State to include the tax herein pro-
vided for in the several annual levies, and the County Trejisurers to
collect the «ame at the same time and in the same manner as may
be provided for the levy and collection of taxes tor other Stale

pny same.

1000 STATUTES AT LARGE

A. D. 1SV5. purposes for and duriug the fiscal years aforesaid ; and the proceeds

of the tax 80 to be levied and collected, or so much thereof as may

Appropriation ^^ necessury, shall bo, and the same are l)erel>y, appropriated to

for same. the payment of the Said' Comptroller General's warrants as they

may become due and payable.

Comptroller Sec. 9. That the Comptroller General .shall keep an exact regis-

fieneral to keep ,.11 • 1 1 1 1 • • / •

registry. try of all warrants issued by hiiu pursuant to the provisions of this

Act.

Sec. 10. That for the purpose of defraying the expenses to be
incurred in carrying out the provisions of this Act, the sum of four
thousand dollars, if so much be necessary, be, and the same is
Appropria- hereby, appropriated, to be drawn on the warrant of the Governor,
p'enses. ^"^ ^^ Countersigned by the Comptroller General, and payable by the
State Treasurer out of any moneys in the Treasury not otherwise
appropriated.

Sec. 11. That this Act shall take effect immediately after its
passage.

ly THE House of Representatives,

Columbia, S. C, March 19, 1875.
This Act was returned with the objections of His Excellency
the Governor, Wednesday, March 17, 1875, 11:80 A. M. On the
question of " reconsideration and passing the Act, the objections of
His Excellency the Governor to the contrary notwithstanding,"
Mr. \V. A. Hayne, a Representative from the County of Marion,
raised the question of order, that the Act had become a law by the
failure of the Governor to return the same to this House, with his
objections, within the time limited by Article IH, Section 22, of the
Constitution. The Speaker (Hon. R. B. Elliott,) "ruled that the
point was well taken, for the reason that Article IH, Section 22, of
the Constitution requires that ' if a Bill or Joint Resolution shall not
be returned by the Governor within three days after it shall have
been presented to him, (Sundays excepted,) it shall have the same
force and eflect as if he had signed it, unless the General Assembly,
by their adjournment, prevent its return, in which case ib shall not
have such force and effect, unless returned within two days after
their next meeting.' The adjournment contemplated by the Con-
stitution does not exist in this case. The Constitution says that unless
the General Assembly, by adjournment, prevent the return of a Bill or
Joint Resolution, which clearly means from one session to another or
without day. In this case it was not even an adjournment for a
period of more than three days, which could only have been ef-

OF SOUTH CAROLINA. 1001

fected by the concurrence of the other bnmch of the General As- -^- ^- ^^•''•

sembly. The Act returned vv:is prcsiuited to the Governor on ^

Thursday, March 11, at 11:30 A. M., and the veto message bears

date March 17, and was received this morning. The House took a

recess from Thursday evening to Monday, 15th instant, at 7 P. ^^.

The three dayd limited by the Constitution expired Monday, loth

instant, at 11:30. The House was not in session until 7 P. M., but

the message could have been delivered to the Clerk of the House,

or sent to the House at 7 P. M. The House was called to order,

and although a quorum was not present, a sufficient number was

present to compel the attendance of a quorum, and the message

could have been received." On the question, " Shall the decision of

the Chair stand as the judgment of the House?" the yeas and nays

were ordered, resulting, yeas, 03 ; nays, 4G.

A. O. JONES,
Clerk of House of Representatives.

JOINT RESOLUTIONS.

JOINT RESOLUTION to Allow the Heirs of James S. No. 1.
AND Langdon Bowie to Redeem a Store and Lot in the
City of Charleston, Forfeited for Non-Payment of
Taxes.

Be it resolved by the Senate and House of Representatives of the Heirs of Bowie

o r> n I /-I T !•••/-< 1 A 11*" redeem for-

tetate 01 bouth Carolma, now met and sitting in General Assembly, feited lands,
and by the authority of the same. That the heirs of James S. and
Langdon Bowie be, and they are hereby, authorized to redeem from
forfeiture for non-payment of taxes, a store and lot in the city of
Charleston, on the south-east corner of Hasel and Meeting streets,
upon payment to the Treasurer of Charleston County of all taxes, tor""" ^c.\i"iko
penalties and costs which are due, after which the County Auditor f"i'"cd lund re-
shall expunge the said store and lot from the foriL-itcd land record '""'^ '
of the County of Charleston.

Approved December 22, 1874.

1002 STATUTES AT LARGE

A. D. 1875. JOINT RESOLUTION to ALLO^v John Kater to Redeem

^. '"^ Certain Forfeited Lands.

No. 2.

Be it resolved by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

John Kater to and by the authority of the same, That John Kater, of the County

feited"iands! "^ ' of Charleston, be, and he is hereby, allowed to rgdeera certain lands

formerly owned by him in said County, consisting of three thousand

four hundred and sixty -six acres, (3,460), which have become

forfeited to the State, by virtue of the non-payment of taxes,

and the want of bidders at the sale of the same, on condition that he

pay over to the County Treasurer of Charleston County all taxes,

iFj^tl^^L^.^^^l penalties and costs which are due upon the same, after which the

tor to expunge ^ * '

feUeVland *re- County Auditor shall expunge the said lands from the forfeited land
cord. record of Charleston County.

Approved January 21, 1875.

No. 3. JOINT RESOLUTION to Amend a Joint Resolution eS--
TiTLED " A Joint Resolution to Appoint Trustees under
the "Will of the Late Dr. John De La Howe."

Be it resolved by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same. That Section 1 of a Joint Reso-

Trustce3 under lution entitled " Joint Resolution to appoint Trustees under the

Dr. D e L a .

Howe's win. Will of the late Dr. John De La Howe," approved March 17, 1874,
be, and the same is hereby, amended by striking out the names
between the word " that," on the third line thereof, and the word
" be," on the fourth line thereof," and inserting in lieu of tiie same
the following names, to wit : " J. C. H. Turner, Esq., C. B. GuflBn,
Esq., James Wharton, Esq., Robert Jones, Esq., and J. Wardlaw
Perrin, Esq."

Approved January 21, 1815.

No. 4. JOINT RESOLUTION to Appoint a Committee to Inves-
tigate THE Financial Affairs of Sumter County.

Be it resolved by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

.Judge to ap- and by the authority of the same. That the Judge of the Third

point Investi- .' .' ' o

mUtee ^""^ " Judicial Circuit be, and he is hereby, authorized and directed to ap-

OF SOUTH CAROLINA. 1003

point a Committee of tiiree to investigate the financial condition of '\- l^- i^^"-
Sumter County, and that .said Committee liave power to send for per- "^ "~

sons and papers, to administer oaths, and to take testimony concerning Powere. l-c.
all transaciions or paynjents of money by the County Commission-
ers or other officers of said County, from November 1st, l'S(>8, to
November 1st, 1874, and to report the result of their investigations
to tiie first term of the Circuit Court in said County after the cora-
liletion thereof: Provided, That said Committee receive no compen-
sation for services rendered.

Approved January 21, 1875.

JOINT RESOLUTION to Amend a Joint Resolution ex- No. o.
TITLED " Joint Resolution to Require all Persons Hold-
ing Claims against the County of Clarendon to File a
List of such Claims in the Office of the Clerk of the
Court."

Section 1. Be it resolved by the Senate and House of Representa-
tives of the State of South Carolina, now met and sitting in General
Assembly, and by the authority of the same, That Section 1 of a Time to rcgi?-
Joint Resolution entitled "Joint Resolution to require all persons t^^"" •^-^''-'"' *^"' •
holding claims against the County of Clarendon to file a list of such
claims in the office of the Clerk of the Court," be, and the same is
hereby, amended by striking out the words " within ninety days
from and after the passage of this Joint Resolution," and inserting
in place of the same the following words, to wit : " On or before the
first day of September, 1<S75."

Sec. 2. That Section 2 of the same Joint Resolution be, and the e .- o

same is hereby, amended by adding, at the end thereof, the fbl- amended,
lowing words, to wit : " After the same shall have been duly exam-
ined, ai)provcd and allowed by the Board of County Commissioners
of said County."

Approved January 30, 1875.

JOINT RESOLUTION to Allow Mrs. Susan E. McIlwain No. 0.
to Redee.m Certain Forfeited Land.s.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in Geiu-ral Assembly,
and by the authority of the same, That Mrs. Susan E. !Mi-llwain, Mrs. .M.ii-
of the County of Sumter, be, and she is hereby, allowed to redeem rrfCilfJuaaT.

1004 STATUTES AT LARGE

.\. D. is", certain land.-;, amouuting to 172 sicrea in said County, forfeited for

non-payment of taxes, upon payment to the County Treasurer of

toj" to" ex lounge Sumter County of all taxes and costs due upon said land, after

rehi*inaiid ru- which the County Auditor .shall expunge the said land from the

forfeited land record of the County of Sumter.

Approved February 4, 1875.

I'ord.

No. 7. JOINT RESOLUTION to Authorize the Comptroller Gen-
eral TO Remit a Certain Tax Penalty.

Be it enacted by the Senate and House of Representatives
of the State of South Carolina, now met and sitting in Gen-

elfitte.!.^""^'" ^^^^ Assembly, and by the authority of ihe same, That the Comp-
troller General be, and he is hereby, authorized to have the penalty
of fifty per cent., which was added to the assessed value of the
Spartanburg and Union Railroad Company, in the year 1874, on
account of failure to make their return at the proper time, remitted :

Proviso. Provided, That the tax upon the property referred to in the said
Joint Resolution be paid within sixty days from the passage thereof.

Approved February 4, 1874.

No. 8. JOINT RESOLUTION to Provide for the Payment of the
Claims of the Columbia Gas Light Company for Gas Fur-
nished the General Assembly.

Section 1. Be it resolved by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
Appropriation eral Assembly, and by the authority of the same, That the fol-
o pay c aims, j^^^.j^g ^^^ ^g^ ^^^j jj^g same is hereby, appropriated, that is to say,
the sum of three thousand one hundred and eiahtv-eifrht dollars and
eighty-one cents, to pay the claim of the Columbia Gas Light Com-
pany for gas furnished the General Assembly and Executive offices.
Out of what ^^G. 2. That the State Treasurer be, and he is hereby, authorized
moneys to be ^q p^y ^j^g g^^jj gy,^^ ^q ^j^g gjj|^ Qj^ Light Company out of any

money in the State Treasury received from fees of office of Secre-
tary of State.

Approved February 6, 1875.

OF SOUTH CAROLINA. lOOo

JOINT HESOLUTION to Rkstoke to tiik Ciiai:lkstox Lr- a.d. 18T5.

UKARY SoCIliTY TIIH TiTLE TO CeUTAIN FORFEITED LaNDS FOR \, '' ,^
NON-PAYiMENT OF TaXEH, AND TO DECLARE THE SAME TO BE

Free from Taxation.

"Whereas the, Charleston Library Society, of Charleston, is a preiimUc.
public library, in the sense of the. Constitution, and is therefore
exempt from taxation, and the lot at the north-west corner of Broad
and Church streets, whereon the Charleston Library building now
stands, was forfeited to the State, in May, 1874, for non-payment
of taxes for the year eighteen hundred and seventy-three.

Be it resolved by the Senate and Plouse of Repres(^ntatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That the said lot be expunged Lands rc-
frora the record of forfeited lands, and that the title thereof lie re-
stored to the Charleston Library Society, and that said lot and
buildings be held by said society free of taxes; and on the payment
by the Charleston Library Society of all taxes, penalties and costs
to the County Treasurer, which are due upon the lot in Meeting
street whereon the Apprentices' and Minors' Library building for- certain lot.
merly stood, the County Auditor shall expunge the same from the
forfeited land record of the County of Charleston, and restore the
title of said lot to the Charleston Library Society.

Approved February 8, 1875.

JOINT RESOLUTION to Provide for the Payment op Cer- No. 10.
TAix Claims of Thomas W. Price (Si Co., by Making an Ap-
propriation FOR the Same.

Be it enacted by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and i)y the authority of the same, That the sum of twenty-one Appropriation

1 1 • I 1 1 1 • 1 11 11. . ' to pay claim.

thousand six hundred and seventy-six dollars and thirty-fave cents

(S21,G7G.3o) be, and the same is hereby, appropriated to pay the

claims of Thomas W. Price & Co., for the publishing of certain

statements, returns, receipt lists and duplicates for the State of South

Carolina, and that eight thousand nine hundred and seventy-cue

dollars and fifty cents {§8,971.50) of the said a[)propriation shall be

paid out of the contingent expenses of the Executive Department Out of what

of the taxes collected for the fiscal year commencing November 1, hilT^^ ''****

1874, and that twelve thousand seven hundretl and fourdollars and

eigiity-five cents (312,704.85) of tiie appropriation herein made,

with interest at the rate of seven j)er cent, per aiiiuim, from the

1006

STATUTES AT LARGE

A. D. 1S75. time of the making of this part of the claim to its payment, shall
_, , he paid out of the taxes to he collected for the fiscal year com-

all vouchers, meiicing November 1, 1875: Provided, That the said Thomas W.
Price *fe Co., at the time of payment, turn in and cancel all certi-
ficates or orders to the State Treasurer that they or their agents
may iiave received in payment of amounts due them.

Approved February 9, 1875.

No. 11. JOINT RESOLUTION to Provide for the Payment of the
Officers, Attaciires and Employees, and Contingent Ex-
penses OF THE Present Session of the General Assembly.

Be it resolved by the Senate and House of Representatives of
the State of South Carolina, now met and sitting in General As-
Appropriation sembly, and by the authority of the same. That the State Treas-
for officers. &c.^m.ei. {^q^ m^d ^g jg hereby, authorized and required to pay the certifi-
sembiy. cates of the officers, attachees and employees, and contingent ex-

penses, passed at the present session of the General Assembly, out
of the moneys received as interest on deposits, fees of the Secretary
of State's office, and so much of the revenues from phosphate
royalty as may be necessary.

Approved February 18, 1875.

No. 12. JOINT RESOLUTION to Amend Section 3, Chapter CXI, of

the General Statutes.

Preamble.

Whereas the Judge of the Eighth Circuit has decided that there
could be no Court held for Anderson County during the year 1875,
owing to the fact that the jury lists were drawn by a Jury Commis-
sioner whose term of office had expired ; and

Whereas there can be no other jury list drawn for the said year,
as the time in which the jury lists are to be drawn has expired,
unless the General Assembly, by special Act, shall so order; there-
fore,

Section 1. Be it resolved by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in
When jury General Assembly, and by the authority of the same, That Section
preparTd.^ ^ 3 of Chapter CXI of the General Statutes, which requires that the
Board of Jury Commissioners shall prepare a jury list in each
County in the month of January of each year, be so amended as to
make it lawful for the said Board to prepare the jury lists for any

OF SOUTH CAROLINA. 1007

of the Counties iu the Stiito iluriiii^ tho yi'iir lS7o, before the fif- •^- '•• ''*"''•
teenth of March of said year, where, there has l)een a fiiihir(! or ''

ncgh'C't to draw u jury iu accorthiuce with hiw,

Skc. 2. That from the lists so prepared all grand and petit jurors, Juries to bo

1 1 1 r -1 -IO-7- 1 n 1 1 1 1 'l""""" from

required ny law lor said year l-S?;), .sliall l)e drawn, suniiuuned and cuid lists.

returned in the same manner now prescribed by law.
Approved February !!>, 1875.

JOINT RESOLUTION to Allow John B. Goodwin, Fmank No. 13.
Goodwin and Joseph Hawkins to Redeem Certain For-
feited Lands.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That John B. Goodwin, Frank J. 15. aood-
Goodwin and Joseph Hawkins, of the County of Richland, be, and redeem 'for-
they are hereby, allowed to redeem certain lands formerly owned by
theni in common in said County, that is to say, forty-five (45) acres
formerly belonging to J. B. Goodwin, fifty (50) acres formerly be-
longing to Frank Goodwin, and thirty-seven (37) acres formerly
belonging to Joseph Hawkins, more or less, which have become for-
feited to the State for non-payment of taxes, and the want of bid-
ders at the sale of the same, on condition that they shall pay over
to the County Treasurer of Richland all taxes and penalties and County Audi-
costs which are due upon the same, after which the County Auditor same'irom'tbl^-
shall expunge the said lands from the forfeited laud record of the [l^^^^\ '""'^
County of Richland.

Approved February 23, 1875.

JOINT RESOLUTION Directing and Requiring the State No. 14.
Tki:asurku to Pay Certain Moneys to the Widow of
THE Late Judge Green.

Be it resolved by the Senate and House of Represntatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the State Treasurer be, and S:(inry duo
he is hereby, directed and required to pay to the widow of the late i>c inYi'to hia
John T. Green, Judge of the Third Judicial Circuit, the amount of
the salary that would have been due to him for the present quarter
of the current fiscal year ending April 30, 1875; also the amount

1008 STATUTES AT LARGE

A. D. 1875.

of S243 balance of salary, which is still due for the years 1872-73,
as appears by Treasurer's books; and such amount is hereby apjjro-
priated, to be paid out of proceeds of tax levy for salaries and
conlingeuts for fiscal year ending October 31, 1875.

Approved February 23, 1875.

No. 15. JOINT RESOLUTION to Allow Eliza Sarah Seabrook to
Redelm Ceutaix Lands ox John's Island, in Charleston
County, Forfeited for Non-Payment of Taxes.

Be it resolved by the Senate and House of Representatives of
the State of South Carolina, now met and sitting in General As.
E.S. Seabrook s^^bly, and by the authority of the same, That Eliza Sarah
leited^Ss'!"'^" Seabrook, a minor, of Charleston County, be, and she is hereby,
allowed to redeem certain lands owned by her on John's Island, in
said County, Mhich have been forfeited to the State by virtue of
the non-payment of taxes, and the want of bidders at the sale of
the same, on condition that she shall pay over to the County Trea-
surer of Charleston County all taxes, penalties and costs which are
torTo° expunge ^^^ upon the Same, after which the County Auditor shall expunge
feUed'^iand'^l-'el the Said lands from the forfeited land record of the County of
*^'''*l- Charleston.

Approved February 23, 1875.

No. 16. JOINT RESOLUTION Authorizing the State Treasurer
to Re Is^ue to R. J. Middleton, Surviving Trustee of
Adele J. Newton and Children, certain Certificates of
Stock.

Preamble. Whereas it appears, by the books of the State Treasurer, that

there has been duly issued certain certificates of State stock, to the
amount of ten thousand seven hundred and thirty dollars, (810,730,)
to Thomas and R. J. Middleton, Trustees of Adele J. Newton and
children ; and wh(>reas said stock has been lost or mislaid ; and
whereas it is equitable and just that the stock should be renewed on
the part of the State ; therefore,

Be it resolved by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

Re-issue of ^^^ ^Y the authority of the same, That the State Treasurer be, and

Middict'oi!" '^' ^^6 is hereby, authorized to re-issue to R. J. Middleton, surviving

Trustee of Adele J. Newton and children, certificates of stock of the

OF SOUTH CAROLINA. lUOU

same amount, payable at the same time, and hearing the same rate •^- T>. l^'i.

of interest as those lost or mislaid ; and the said R. J. Middhiton is

hereby required to detjosit witli the State Treasurer a hond, Ic-'ally , li"]»i of in-
. , . Ill <lcuinity.

executed, in the penal sum of twenty-one thousand four hundred
and sixty dollars, (S21,460,) to indemnify the State against loss.

Approved February 2."], 1>>75.

JOINT RESOLUTION to Allow Edward R. Arteiur to Re- No. 17.
DEEM Certain Forfeited Lands in Richland County.

Be it resolved by the Senate and House of Representatives of
the State of South Carolina, now met and sitting in General As-
sembly, and bv the autlujrity of the same, That Edward R. K.li. Arthur
Arthur be, and he is hereby, allowed to redeem certain lands for- fcitcd lands,
raerly owned by Gilbert Garner, now a bankrupt, which lands are
in the custody of the United States District Court for South Caro-
lina, situate in Richland County, and consisting of twelve hundred
and eighty acres of land, more or less, which have become forfeited
to the State because taxes were not paid thereon by the Assignee
in Bankruptcy, nor were entered for taxation by him, by virtue of
the non-payment of taxes and the want of bidders at the sale of the
same, on condition that the said Edward R. Arthur, who is agent
for three several judgment creditors of the said Gilbert Garner,
shall pay over to the County Treasurer of Richland County the
actual taxes due thereon for the years ending January 1, 1873, and County Aadi-
January 1, 1874, without penalties or costs, after wliich the County «Mni"froin""n'-
Auditor shall expunge the said lands from the forfeited land record l![^r^\\ "" ^^'
of the County of Richland.

Approved March 3, 1871.

JOINT RESOLUTION to Ratify the Amendment to the No. 18.
Constitution of the State of South Carolina, Relative
to the Terms of Office of Comptroller General, Secre-
tary of State, Treasurer, Attorney General, Adjutant
AND Inspector General, and Superintendent of Educa-
tion.

Whereas Article XV of the Constitution of the State of South
Carolina provides that an amendment or amendments may be made
to the same, and that such amendment or aniemlments shall be
agreed to by two-thirds of the members elected to each House, such

Preamble.

1010 STATUTES AT LARGE

A. D. i«7o. amendment and amendments to be entered on the Journal.s, rcspec-

, , , tively, with the yeas and nays taken thereon; and that the same

relative t.. shall be Submitted to the (luulified electors of the State at the next

terms of ofliL-e i i • ■

of State otii- general election thereafter for Representatives, and, if a majority of
the electors qualified to vote for members of the General Assembly,
voting thereon, shall vote in favor of such amendment or amend-
ments, and two-thirds of each branch of the next General Assembly
shall, after such an election, and before anot^her, ratify the same
amendment or amendments, by yeas and nays, the same shall be-
come part of the Constitution : Provided, That such amendment or
amendments shall have been read three times, on three several days,
in each House ; and whereas the General Assembly, at its last ses-
si"bn, did, in each branch, pass a Joint Resolution proposing an
amendment to the Constitution of the State of South Carolina,
which was agreed to by two-thirds of its members, to wit: "Strike
out of Section 23 of Article III the word 'four,' occurring in the
third line, and insert the word 'two,' so that the Section of the Con-
stitution will read, when amended, as follows:

Term of office "SECTION 23. There shall be elected, by the qualified voters of
to be two year.<. (|^g State, a Comptroller General, Secretary of State, Treasurer,
Attorney General, Adjutant and Inspector General, and Superin-
tendent of Education, who shall hold their respective oflSces for the
term of two years, and whose duties and compensation shall be pre-
scribed by law;"

And whereas the said proposed amendment has been submitted to
the electors qualified to vote for members of the General Assembly,
at the "next general election" following the action of the General
Assembly, and a majority of the said electors voting thereon have
voted in favor of the same ; therefore,

Be it resolved by the Senate and House of Representatives of
the State of South Carolina, now met and sitting in General Assem-
bly, and by the authority of the same. That the amendment to the
Amendment Constitution of the State of South Carolina, proposed and agreed
ofCoimu'utwn! ^0 ^y two-thirds of the members of each branch of the last General
Assembly, and voted for by a majority of the electors qualified to
vote for members of the General Assembly at the last general elec-
tion, voting thereon, to wit : "Strike out of Section 23 of Article
III the word 'four.* occurring in the third line, and insert the word
' two,' so that the Section of the Constitution will read, when
amended, as follows:

"Sf.ction 23. There shall be elected, by the qualified voters of
the State, a Comptroller General, Secretary of State, Treasurer, At-
torney General, Adjutant and Inspector General, and Superintendent
of Education, who shall hold their respective offices for the term of

OF SOUTH CAROLINA. 1011

two years, and whoso duties aud conipensatiou hIkiU be preacrihed ■^- '*• '''^^•
by law," be, and the same is hereby, ratified aud made a part of the '^

Constitution of (he State of South Carolina.

Ajiproved March 5, 1875.

JOINT RESOLUTION to Levy and Collect a Special Tax No. 19.
TO Pay Past Due Indebtedness of Spartanburg County.

Section 1. Be it resolved by the Senate and House of Represen-
tatives of the State of South Carolina, novv met and sitting in Gene-
ral Assembly, and by the authority of the same, That the County Spp.-ini tax
Commissioners of Spartanburg County be, and they arc hereby, " ^^"^^ *•
authorized aud re(]uired to levy and collect, at the time of the col-
lection of the regular tax, a special tax of two mills on the dollar
on the taxable property of the said County ; said tax of two mills
to be devoted exclusively to the payment of the past due indebted-
ness of said County.

Sr.r. 2. That the proceeds of the tax hereby levied shall be paid Proceeds,

11 1 • 11 !• 1 • 1 /• 1 how payuble.

pro rata upon ail claims passed and audited prior to the nrst day
of November, 1874: Provided, That no portion of the amount
raised by said levy shall be applied to the payment of any past
indebtedness accrued on account of the probate of jurors' and wit-
nesses' certificates in the Courts of Trial Justices in said County.

Approved March 8, 1875.

JOINT RESOLUTION to Authorize the County Commis- No. 20.
8IONERS OF Chesterfield County to Levy a Special
Tax.

Be it resolved by the Senate and House of Representatives of
the State of South Carolina, now met and sitting in General Assem-
bly, and by the autiiority of tht- same, That the County Coramis- Special uix
sioners of Chesterfield County be, and they are hereby, authorized ° **"•"' *•
to cause to be levied and collected, at the same time and in the
same manner as the general tax is levied and collected, for the
fiscal year commencg November 1, 1875, a special tax of two (2)

1012 STATUTES AT LARGE

A. D. 1*:?.

mills upon the dollar on all the taxable property of the said County,
said tax to be devoted exclusively to the payment of the past due
indebtedness, and such levy to continue from year to year until the
same be paid.

Approved March 8, 1875.

Xo. 21. JOIST RESOLL'TION AuTHORiziyo the Cory-TY Ck)MMissioy-

ERS OF COLLETOX CoUNTY TO LeVY A>'D CoLLECT A SPECIAL

Tax of Two Mills to Pay Past Due I>'deeted>'ess.

Be it resohed by the Senate aud House of Representatives of
the State of South Carolina, now met and sitting in General As-
Special tax sembly, and by the authority of the same, That the County
Commissioners of Colleton County be, and they are hereby, author-
ized and directed to levy and collect a special tax of two mills upon
the dollar on the taxable property of said County ; said tax to be
devoted to the exclusive liquidation of the past due indebtedners of
said County,

Approved March 8, 1875.

of two mills.

Xo. 22. JOINT RESOLUTION AriHOKizixG the Cousty Commis-

SIOSERS OF SrMTER CoCXTY TO DeVOTE ONE MiLL OF TaX

Levied for Cor sty Purpose?, for Fiscal Year 1874-75,
TO Payment of Past Due Indebtedness of said Couxty.

Be it reeolted by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

One mill of and by the authority of the same, That the County Commissioners

i*:4-7o appii- of Sumter County be, and they are hereby, authorized, to devote the

indebtedness, proceeds of one mill of the tax levied and collected for County

purposes for the fiscal year 1874—75 to the payment of the past due

indebtedness of said County.

Approved iMarch 8, 1875.

OF SOUTH CAROLINA.

JOINT RESOLUTIO^f Authokizin(} the County Commis-
sioners OF Marlboro County to Levy and Collect a Spe-
cial Tax of One and One-Half (1*) Mills on the Dollar
FOR the Payment of the Past Indebtedness of said
County.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of tiie same, That the County Commissioners
of Marlboro County be, and they are hereby, authorized and directed
to levy and collect a special tax of one and one-half mills on the Special ux.

1111 11 f • 1 /-I 1 • J °^ ^^^ mills.

dollar on the taxable property or said County, at the same time and
in the same manner as provided by law for the collection of taxes
for the fiscal year commencing November 1st, 187o, said tax to be
devoted exclusively to the payment of the past indebtedness of the
County.

Approved March 9, 1875.

JOINT RESOLUTION Authorizing and Directing the Xo. 24.
Trustees of the State Orphan Asylum to Remove said
Institution from the City of Charleston to the City of
Columbia.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That tha Trustees of the State
Orphan Asylum, now located in the city of Charleston, be, and they
are hereby, authorized and directed to remove said State Orphan Asylum to be
Asylum from said city of Charleston, and locate and permanently Columbia,
establish the same in the city of Columbia.

Approved March 9, 1875.

JOINT RESOLUTION to Authorize the County Commission- No. 25.
ers of Clarendon and Fairfield Counties to Levy and
Collect a Special Tax of One and One-Half Mills on
THE Dollar for the Pay.ment of the Past Due Indebted-
ness of said Cou.nties, and to Regulate the Manner of
Disbursing the same.

Section 1. Be it resolved by the Senate and House of Represen-
tatives of the State of South Carolina, now nu>t ami sitting in Gen-
6G

1014 STATUTES AT LARGE

A. D. 1875. eral Assembly, and by the authority of the same, That the County
' ~ ^ Coininissioners of Clarendon and Fairfield Counties be, and they

are hereby, authorized and required to levy and collect a sj)ecial
Special tax of tax of one and one-half mills on the dollar on the taxable property
Lalf mills.""*' of the said Counties, said tax to be devoted exclusively to the pay-
ment of the past due indebtedness of said Counties.

Sec. 2. That it shall be the duty of the County Treasurers of

Clarendon and Fairfield Counties to report to their respective Boards

of County Commissioners of said Counties whenever they shall have

Proceeds, how collected one thousand dollars of the special tax herein provided

payable. -i/^ /-i ••

for, at which time the said County Commissioners shall advertise
for thirty days for sealed bids from parties holding checks or audited
claims contracted prior to the 31st day of October, 1874 ; said bids
shall be opened at a regular meeting of the Board, and they shall
draw orders on the Treasurer for parties who will ofier the largest
per centum discount on the checks or audited claims.

Sec. 3. That all persons holding claims against the Counties of
Claims to be Clarendon and Fairfield are hereby required to file a list of such

registered.

claims, with the amount, date and particulars thereof, in the office
of Clerk of Court, as provided for by a Joint Resolution requiring
the registration of claims of said County.

Sec. 4. That all persons holding claims against the County of
Fairfield are also hereby required to file a list of such claims, with
the amount, date and particulars thereof, in the ofiice of the Clerk
of said County.

Sec. 5. That all Acts, parts of Acts, Joint Resolutions or parts
of Joint Resolutions, conflicting with the provisions of this Joint
Resolution, be, and the same are hereby, repealed.

Approved March 10, 187o.

No. 26. JOINT RESOLUTION to Ratify the Amendment to the
Constitution of the State of South Carolina uelative to
the Boundary Line of Pickens and Oconee Countie.-?.

Preamble Whcreas Article XV of the Constitution of the State of South

Carolina provides that an amendment or amendments may be made
Aracndment ^^ j^|-,g game, and that such amendment or amendments shall be agreed
'''?"".";""'y ''"9 to bv two-thirds of the members elected to each House, such amend-

ot Pickens and - '

Oconee. ment or amendments to be entered on the Journals, respectively, with

the yeas and nays taken thereon ; and that the .same shall be sub-
mitted to the qualified electors of the State at the next general elec-

r e

OF SOUTH CAROLINA. loir,

tion thereafter for liKpresentalives, and, if a majority of the electoi-s ^'
(juaiified to vote for members of the General Asaembly, voting
thereon, siiall vote in favor of snch ameixinient or amendments,
and two-thirds of each branch of the next General Assembly shall,
after such an election, and before another, ratify the same amend-
ment c»r amendments by yeas and nays, the .--ame .shall l)ecome part
of the Constitution : Provided, That such amendment or amend-
ments shall have been read three times, on three several days, in
t'ach House ; and, wherejis, the General Assembly, at its last 8e.s.sion,
di<i, in each branch, pass a Joint Resolution pro[)osing an amend-
ment to the Constitution of the State of South Carolina, which
was agreed to by two-thirds of its members, to wit : " That Section
3 of Article H of the Constitution of the State be amended by strik-
ing out the words " White Water River," in the fifth line of said
Section, and inserting in the place thereof the words " Ta.xaway "Tuxnway
River;" and, whereas, the said proposed amendment has been sub- tutod "^ /or
niitted to the electors, qualified to vote for members of the General Kiver!'^
Assembly, at the " n?xt general election " following the action of the
General Assembly, and a majority of the said electors voting thereon
have voted in favor of the same ; therefore,

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General As.sembly,
and by the authority of the same, That the amendment lo the Con-
stitution of the vState of South Carolina, proposed and agreed to by
two-thirds of the members of each branch of the last General As-
sembly, and voted f(,r by a majority of the electors qualified to vote
for members of the General Assembly at the last general election,
voting thereon, to wit : "That Section 3 of Article H of the Con- Ainendment

~ o .1 r, 1 111 •! • 1 i iiT, . declared imrt

stitution ot the State be amended by striking out the words " White of Constitution
Water River," in the fifth line of said Section, and inserting in the
j)lace thereof the words " Taxaway River," be, and the same is
hereby, ratified and made a part of the Constitution of the State of
South Carolina.

Approve«l March 11, 1875.

JOINTT RESOU'TION ArTiioiiiziNo the County Commis-

SIOXKIW or OUANCKIUKC Coi'NTY TO LeVV A Si'ECIAL TaX.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met an 1 sitting in CJeneral Assembly,

1016 STATUTES AT LARGE

A. D. 1875. a,i{j by tije authority of the same, That the County Commissioners

^ "~ of Orangeburg County be, and they are hereby, authorized and di-

.Special tax rected to levy and collect a special tax of three mills upon the dollar

of three mills. j i i

on the taxable property of said County, to be devoted exclusively to
the building of a Court House in said County.

Approved March 11, 1875.

No. 28. JOINT RESOLUTION to Relieve L. J. Jennings, of Green-
ville County, of and from the Payment of Certain
Taxes.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
nings' relieved ^nd by the authority of the same. That L. J. Jennings, of Green-
tases.^ '^ * ** ' '^ ville County, be, and he is hereby, relieved of and from the pay-
ment of taxes for the fiscal year ending 31st October, 1874, on
goods to the value of four thousand and seventy dollars, destroyed
by fire 16th November, 1874, being part of the goods to the value
of five thousand two hundred and seventy dollars, assessed in his
name in that County for the year 1874, and that the Comptroller
General be, and he is hereby, authorized and directed to rebate the
said taxes accordingly.

Approved March 11, 1875.

No. 29. JOINT RESOLUTION Authorizing the County Commission-
ers of Abbeville County to Levy and Cause to be Col-
lected A Special Tax of Three Mills on the Dollar.

Section 1. Be it re^'olved by the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gen-
eral Assembly, and by the authority of the same. That the County
Commissioners of Abbeville County be, and they are hereby, au-
Speeiai tax thorized and directed to levy and cause to be collected a special tax
of three mills on the dollar of all the taxable property of the said
County, to be collected at the same time and in the same manner
as the State and County taxes for the fiscal year commencing the first

OF SOUTH CAROLINA. 1017

day of November, 1875, and to be devoted to the payment of the ■'^- ^*- 1"""'-
past due indebtedness of the said County. '

Sec. 2. That sill claims to be paid out of tlie said special tax ciiiims i.> bu
shall be registered in the office of the County Coranii.ssioners on or ""cgistered.
before the first day of October, 1875.

Sec. 3. That any balance of the said special tax remaining in the
County Treasury, after payment of the said claims, shall be applied, Balance, how
lirst, to the paymen: of any deficiencies that may occur during the
fiscal year ending the thirty-first day of October, 1875, and, second,
to the building or repairing of the bridges of the said County.

Approved March 11, 1875.

JOINT RESOLUTION to Relieve H. L. Buck, of Hokry No. 30.
County, of Certain Taxes on Property Destroyed by
Fire on the 9th Day of August, 1874.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That Henry L. Buck, of Horry ii. L. Uuik
Count}', is hereby declared to be relieved of taxes assessed against tain^tiixes. ^^
him for the year 1874, on certain property possessed by him on the
first day of July, 1874, consisting of an extensive saw mill and
lumber establishment, on his premises in said County, which was
destroyed by fire on the ninth day of August, 1874, which property
■was assessed at ten thousand dollars ; and the Comptroller General g en enii'Vo ^re-
is hereby authorized and directed to relieve the said H. L. Buck ""'■
of the payment of the tax so assessed.

Approved March 11, 1875.

JOINT RESOLUTION to Provide for the Payment of Cer- No. 31.
TAIN Moneys to S. AV. ]\rcKKN/.iE.

Section 1. Be it resolved l)y the Senate and House of Represen-
tatives of the State of South Carolina, now met and sitting in Gene-
ral Assembly, and by the authority of the same, That the State
Treasurer be, and he is hereby, authorized and directed ti) i)av to Ovcrpnid uibos

o w^ >T T" • f • 1 rii rcfumli'il.

b. W. JMclvenzie, out of any moneys in the btate ircasury not

1018 STATUTES AT LARGE

A. D. 1S75. otherwise appropriated, the sura of two hundred and forty-three
^ (243) dollars, being the amount received by the State from the sale

of certain forfeited lands in Richland County, formerly belonging
to him, over and above the amount of taxes, costs and penalties due
upon the said lands at the time of forfeiture, and also the sum of
thirteen dollars and forty-four cents (S13.44), being the amount of
the State tax and penalty paid by him upon said lands on assess-
ment erroneously made in his name, after the said lands were for-
feited.

Sec. 2. That the sum of two hundred and fifty-six dollars and
i4^l-.me"''''°" eighty-nine cents (S25G.89) be, and the same is hereby, appropriated
for the payment of the amounts hereinbefore mentioned.

Approved March 17, 1875.

No. 32. JOINT RESOLUTION Authorizing and Directing the
County Commissioners of Lexington County to Lay Out
AND Open a Public Highway in said County.

Beit resolved by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same, That the County Commissioners

of Lexington County be, and they are hereby, authorized and di-

CouniyCom- rected to layout and open a public highway in said County, com-

m.issioners to "^ r i o / j '

hiy ont new mencing at or near Paul Black's store, on the Calk's Ferry Road,

highways. ,^i t i -ii i /*

and from thence by the most direct and practicable route by way or
P. J. Rawls' Mill, on Beaver Dam Creek, crossing the Wyse's Road
Eoute. a^ oj. Qgar Uriah Ranch's, and intersecting the Leaphart Road at or
near Col. Caughman's old place.

Approved March 17, 1875.

No. 33. JOINT RESOLUTION to Relieve A. Hendrix, of Pickens
County, from the Payment of Taxes Due on Property
Destroyed by Fire.

Be it resolved by the Senate and House of Representatives of

the State of South Carolina, now met and sitting in General Assem-

a. iii'mirix- bly, and by the authority of the same. That A. Hendrix, of Pickens

relieved of*'-' ■' ■, n , r

pnyiucnt of County, be, and he is hereby, relieved from the payment oi taxes

certain taxes. *' ■, t ^ i o i i /? -vt i

due on property destroyed by nre on the cth day ot JNovemuer,
1874, as assessed against said property for the year 1874.

Approved March 17, 1875.

OF SOUTH CAROLINA. 1(»!!»

JOINT RESOLUTION to Aitoint a Committee to Inves- -^- i> i^"'-

TIGATE THE FINANCIAL AfFAIRS OF CHARLESTON CoUNTY. ZT^^^T^

No. 34.

Committee.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That G. A. Treiiholin, Aaron
Logan, P. C. Lawrence, F. J. Fough, E. J. Logan, T. B. Jones,
A. F. Farrar, be, and they are hereby, appointed a Committee to
investigate the financial condition of Charleston County, and that
said Committee report back to this General Assembly as soon as is
practicable ; and that the said Committee have power to administer Powers,
oaths and take testimony concerning all transactions or payments
of money by the County Commissioners or other officers of said
County : Provided, That no expense be thereby incurred by the Proviso.
State or said County.

Approved March 17, 1875.

JOINT RESOLUTION to Authorize the County Commis- No. 35.
SIGNERS OF Lancaster County to Levy and Collect a Spe-
cial Tax of Two Mills on the Dollar for the Payment
of the Past Due Indebtedness of the said County.

Be it resolved by the Senate and House of Representatives of the
Stale of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That the County Commissioners
of Lancaster County be, and they are hereby, authorized and di-
rected to levy and collect a special tax of two mills upon the dollar Special tax to
on the taxable property of the said County ; said tax to be devoted
exclusively to the payment of the past due indebtedness of the
County.

Approved March 17,1875.

be levied.

1020 STATUTES AT LARGE

No. 36.

A. D. 1875. JOINT RESOLUTION to Provide for a Re-assessment of
Real Estate in the County of Greenville in the Year
1875.

Whereas the assessment of real estate in the County of Geenville,
in the year 1874, w;is, in many respects, not in conformity to law,
and does not represent the true value of said real estate; therefore,

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,

Preamble.

Ee-assessment and by the authority of the same, That the Comptroller General

of rCtil Gsttitc

to be made. be, and he is hereby, required to cause to be made a re-assessment
of the real estate in said County in the present year in accordance
with law.

Approved March 20, 1875.

No. 37. JOINT RESOLUTION Giving J. Hammond Fordham, Esq.,
Coroner Elect for Orangeburg County, Further Time
TO Execute his Bond.

Preamble. Whereas it is a fact that the bond of J. Hammond Fordham, Esq.,

Coroner elect of Orangeburg County, State of South Carolina, was
approved by the County Commissioners of said County, but reached
the Secretary of State's office after the expiration of the time pre-
scribed by law, by no fault, however, of the said J. Hammond
Fordham ; therefore.

Be it resolved by the Senate and House of Representatives of the

State of South Carolina, now met and sitting in General Asseml)ly,

and by the authority of the same. That the time for the executing

of J. Hammond Fordham's bond, as Coroner of Orangeburg County,

Extension of be extended twentv days after the passage of this Joint Resolution,

time for quali- iiii "^-"ii ■, • ^ -, -i ^ i i

fication. and that he be required to have his bond duly executed on or be-

fore that day.

Approved March 20, 1875.

OF SOUTPI CAROLINA. 1021

JOINT RESOLUTION Directing and Requiring the County ^- rx i«t5.
Commissioners of Charleston County to Devote One Mill
OF THE Tax Levied and Collected for the Fiscal Year
1874-75 to the Payment of the Past Indebtedness of said
County.

No. 3«.

Be it resolved by the Senate and House of Representatives of the
State of South Caroliua, now met and sitting iu General Assembly,
and by the authority of tlie same, That the County Commissioners
of Charleston County be, and they are hereby, authorized and re- missronerf°?o
quired to devote one mill of the tax levied and collected for the ^^^^' ^i'®'"*'
fiscal year 1874-75 to the payment of the past due indebtedness of
said County, to be paid on cheeks drawn by the said Board of
County Commissioners upon the County Treasurer.

Approved March 20, 1875.

JOINT RESOLUTION to Make Certain Claims Against No. 39.
the County of Edgefield Payable Out of the Proceeds
of the Special Tax Authorized by a Joint Resolution
entitled " Joint Resolution to Authorize the County
Commissioners of Edgefield County to Levy a Special
Tax of Three Mills, to be Levied at the Time of the
General Tax," Approved December 22, 1873.

Be it resolved by the Senate and House of Representatives of
the State of South Carolina, now met and sitting iu General
Assembly, and by the authority of the same, That all past due
claims which have heretofore been audited and allowed by the eiaim.-! to be
County Commissioners of Edgefield County, prior to October 31, ci'ilulx." *''*'
1874, shall be, and are hereby, made payable out of the proceeds
of the special tax levied and collected with the general tax of
1874, under the provisions of the Joint Resolution approved
December 22, 1873, entitled " Joint Resolution to authorize the
County Commissioners of Edgefield County to levy a special tax
of throe mills, to be levied at the time of the general tax."

Approved March 22, 1875.

STATUTES AT LARGE

JOINT RESOLUTION Authorizixg the County Commis-
sioners OF Colleton County to Levy and Collect a
Special Tax.

Be it resolved by the Seuate and House of Representatives of the
State of South Carolina, now met and silting in General Assembly,
and b)' the authority of the same, That the County Commissioners

be levied!"''' *° of Collcton County be, and they are hereby, authorized and directed
to levy and collect a special tax of two mills on the dollar ou all the
taxable property of said County, for the fiscal year 1875-76, the said
tax to be used exclusively in the payment of expenses incurred in

app/kcT ^'^ ^*^ the construction of the public road directed to be established under
the provisions of an Act entitled " An Act to establish a public road
in Colleton County," approved February 27, 1873, and Acts amen-
datory thereto.

Approved March 25, 1875.

No. 41. JOINT RESOLUTION Authorizing the County Commission-
ers OF Chester County to Levy and Collect a Special
Tax, and to Regulate the Manner of Disbursing the

SAME.

Section 1. Be it resolved by the Senate and House of Representa-
tives of the State of South Carolina, now met and sitting in General
. . Assembly, and by the authority of the same. That the County
oflMmiiis. Commissioners of Chester County be, aud they are hereby, au-
thorized and directed to levy and collect a special tax of one and
one-half mills upon the dollar on the taxable property of the ^aid
County, said tax to be devoted exclusively to the payment of the
past due indebtedness of said County.
Holders of Sec. 2. That all persons holding claims against said County be,
same'^ '^^ ^ ^ '^ and they are hereby, required to file the same, properly proven, with
the Clerk of the Court of said County ; and the said Clerk of the
Court shall classify and register, in a book provided for the pur-
pose, all of said claims in the order in which the County Treasurer
Treasurer to g]^^\i p^y tiigm ; after which the said Clerk shall return all of said
claims, so proven and classified, to the County Commissioners of
said County, whose duty it shall be to issue to the holders of said
claims a check upon the County Treasurer, payable whenever said
special levy shall have been collected, as hereinbefore provided.

Approved March 25, 1875.

OF SOUTH CAROLINA. 1023

No. 42.

JOINT RESOLUTION to Ameni> a Joint Resolution en- a. d. irts.
TITLED "Joint Resolution Authorizing and Requiring
THE State Treasurer to Pay to the County Treasurer
of Greenville County the Sum op Ten Thousand and
Fifty Dollars, to be Applied to Free School Purpo-
ses," Approved March 14, 1874.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That a Joint Resolution entitled
"Joint Resolution authorizing and requiring the State Treasurer to
pay to the County Treasurer of Greenville County the sura of ten
thousand and fifty dollars, to be applied to free school purposes,"
approved March 14, 1874, be, and the sanae is hereby, amended as
follows, to wit: By inserting after the figures " 1873," on the fourth
line from the end thereof, and before the word "Provided,''' on the
third line from the end thereof, the following words and figures :
" And any unexpended balance of said sum or appropriation, remain- Unexpended

,. , f> ■ -i ^ • n 1 ,. 1 i- biilaneu. howto

ing alter the payment of said claims for the nscal year ending bo applied.
October 81, 1873, shall be applied to the payment of the unpaid
school claims of said County for the fiscal years ending October
31, 1874, and October 31, 1875."

Approved March 25, 1875.

JOINT RESOLUTION to 'Remove the Deaf, Dumb and No. 43.
Blind Asylum to the City- of Columbia.

Be it resolved by the Senat^ and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That the Governor, State Super-
intendent of Education and Secretary of State be, and they are atcd^u.''^ffect
hereby, authorized and empowered to enter into such arrangements '■'^■'"°^'"'-
and negotiations, and to fully carry out the same, as may be neces-
sary to effect a removal of the Deaf, Dumb and Blind Asylum, at
])resent located in the County of Spartanburg, to the city of
Columbia.

Approved March 25, 1875.

STATUTES AT LARGE

JOINT RESOLUTION to Amend a Joint Resolution en-
titled "A Joint Resolution to Levy and Collect a
Special Tax to Pay Past Due Indebtedness of Spau-
TANBURG County," Approved March 8, 1875.

Be it resolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the Joint Resolutiou ap-
proved March 8, A. D. 1875, which authorizes and requires the
County Commissioners of Spartanburg County to levy and collect
a special tax of two mills on the dollar on the taxable property of
said County, for the payment of past due indebtedness of said
mill to be de- Couuty, be SO amended as to authorize and empower the said County
to bridge^.^'^"^' Commissioners of Spartanburg County to devote one-half mill of
the said two mills provided for past indebtedness to the repairing
and construction of bridges in the County of Spartanburg.

Approved March 25, 1875.

No. 45. JOINT RESOLUTION to Amend a Joint Resolution enti-
tled " Joint Resolution to Amend a Joint Resolution
entitled a 'Joint Resolution to Appoint Trustees under
the Will of the Late Dr. John De La Howe.' "

Be it resolved by the Senate and House of Representativ^es of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same. That Section 1 of a Joint Reso-
lution entitled a "Joint Resolution to appoint Trustees under the
W. D. Mars will of the late Dr. John De La Howe," be, and the same is hereby,
of'a B. Guffin*! amended by striking out, wherever it occurs, the name of C. B.
Guffin, Esq., deceased, in said Joint Resolutiou, and inserting in lieu
thereof the name of W. D. Mars."

Approved March 25, 1875.

OF SOUTH CAROLINA. 1025

JOINT RESOLUTION ArniouiziNo and DiKi:rTiK<} thkStatk

TllKASUKKU TO lioUKOW A SlFFICIKNT AmoLNT FOR THE PAY-
MENT OF THK J>Mi'i,oYi;i;s OF THE General Arsemaly, and
FOR Other Piirtoses.

Be it enacted l)y the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Ajjseiuhly,
and hy the authority of the same, That the State Treasurer be, and he

II , . 1 . 1-1 I n I • T • SUitc Trea-

is hereby, authorized, unniediately upon the passage of this Joint furer to ncgo-

R, . , •.,•11 .• , 1- tiutc loan,

esolution, to negotiate tor tiie loan ot a sum not exeeeding twenty

thousand dollars, at the rate not to exceed one and one-half per

cent, per month, to pay the employees and contingent expenses of

the General Assembly for the present session, said sum, together

with the interest, to be repaid out of the revenue derived from ,, ,

phosphates during the current year, as is provided for in the Joint '^ppiieJ.

Resolution approved the 18th day of February, A. D. 1875, enti-

titled " Joint Resolution to provide for the payment of the officers,

attachees and employees, and contingent expenses of the present

session of the General Assembly."

Approved March 2(i, 1875.

JOINT RESOLUTION PKOPoaiNG an Amendment to the Con- No. 47.

STITUTION OF THE StATE OF SoUTH CAROLINA.

Be it reaolved by the Senate and House of Representatives of the
State of South Carolina, now met and sitting in General Assembly,
and by the authority of the same, That the following amendment Proposition,
to the Constitution of the State be submitted to the qualified elec-
tors of the State, at the next general election, and, if a majority of
the electors qualified to vote for members of the General Assembly,
voting thereon, shall vote in favor of such amendment, and two-
thirds of each branch of the next General Assembly shall, after
such election, and before another, ratify the same amendment, by
yeas and nays, it shall be part of the Constitution, to wit: That
Section 5, Article X, be amended so as to read as follows:

"Section 5. The IJoards of Count\' Commissioners of the several
/-^ • 1 11 1 r> 1 Amcnilment.

Counties shall levy an annual tax of not less than two mills on the

dollar upon all the taxable property in their respective Counties,
which levy shall not be increased unless by special enactment of the
General Assembly, for the support of public schools in their respec-
tive Counties, which tax shall be collected at the same time and by
the same officers as the other taxes for the same year, and shall be

1026 STATUTES AT LARGE

A. D. 1875. ijeld in the County Treasuries of the respective Counties, and paid
^ out exclusively for the support of public schools as provided by law.

There shall be assessed on all taxable polls in the State an annual
tax of one dollar on each poll, the proceeds of which tax shall be
applied solely to educational purposes: Provided, That no person
shall ever be deprived of the right of suffrage for the non-payment
of said tax. No other poll or capitation tax shall be levied in the
State, nor shall the amount assessed on each poll exceed the limit
given in this Section. The school tax shall be distributed among
the several school districts of the Counties, in proportion to the re-
spective number of pupils attending the public schools, No re-
ligious sect or sects shall have exclusive right to, or control of, anv
part of the school funds of the State, nor shall sectarian principles
be taught in the public schools."
Question of That the question of adopting this amendment shall be submitted
to°be°°ubmi^ to the electors as follows: Those in favor of the amendment shall de-
posit a ballot, with the following words written or printed thereon :
"Constitutional Amendment — Yes." Those opposed to said amend-
ment shall cast a ballot, with the following words written or printed
thereon: "Constitutional Amendment — No."

Approved March 26, 1875.

ted

No. 48. JOINT RESOLUTION Peoyiding for the Payment of Cer-
tain SIOXEYS TO THE LaTE CoUNTY CoMMISSIOXEES OF LaR-

LixGTOx County.

Be it resolved by the Senate and House of Representatives of
the State of South Carolina, now met and sitting in General As-
sembly, and by the authority of the same, That the County Com-

CoUUty Com- ■" n -A ^■ ^,1 1 , 111- J

missioners to jnissioners 01 Darlmgton County be, and tliey are lierebv, airected

drasv warrants. -tt i. i/->i m ' n ^

and required to draw their warrants on the County ireasurer or the
said County, in favor of Jonathan Wright, F. A. Thomas and Jack-
son A. Smith, late County Commissioners of the said County, for
the sum of five hundred dollars each, being the amount expended
by each of them for counsel fees in a certain suit brought against
them, as such Commissioners, in 1870, with lawful interest thereon
from the time of such expenditure ; and the said County Treasurer
Treasurer to be, and he is hereby, directed and required to pay the amount of
^^^' said warrants out of the taxes levied and collected for the current

fiscal year, to be applied exclusively to the settlement of the past
indebtedness of the said County.

Approved March 26, 1875.

INDEX

VOLUA-IE XV

OF THE

STATUTES AT LAKGE

OF THE

STATE OF SOUTH CAROLINA,

PRINTED BY ORDER OF THE GENERAL ASSEMBLY, AND DESIGNED

TO FORM AN INDEX TO THE FIFTEENTH VOLUME OF THE

STATUTES AT LARGE, COMMENCING WITH THE ACTS OF THE

REGULAR SESSION OF 1S71-72 AND ENDING NVITH

THE ACTS OF THE REGULAR SESSION OF

1874-75-

COLUMBIA, S. C.
Calvo &: Patton, State Printers.

1878.

insr ID ex:

PAGE

Abatement of taxes, Comptroller General to make 789

Abbeville Agricultural Society incorporated 229

and Mechanical Association incorporated... 514

town of, charter amended 916

Due West in, charter amended 615

County Commissioners of, to levy a special tax. 463, 1016, 293

bondsmen of L. H. Riissel, of, relieved 805

County, four thousand dollars of special tax set apart... 834

number of Trial Justices for 313

persons holding claims against, to register 476

public road in, opened 352

town of Hodge's in, incorporated 329

perpetuation of testimony in regard to records

destroyed by fire in 451

Presbyterian Church in, incorporated 419

Shiloh M. E. Church, of, incorporated 628

tax levied in, for relief of persons killed be-
cause of political opinions 689

time of holding Courts in 506

voting precincts in 981

trustees of will of Dr. John De I^a Howe, of... 816

Abrams, Lee, ct al., names changed to Ferguson 72

Abstinence, Grand Lodge of, incorporated 436

Academical Society, Bennettsville, charter renewed 66

Sumter, incorporated 193

charter amerxlcd 848

Darlington, incorporated 389

Academy, Pendleton Male, charter reneweil 46

AVallinford Church and, incorporated 48

Walterboro Male, incorporatecl 29

Accommodation Railroad, People's, incorporated 517

Actions, civil, where to be tried 913

where State is a party 977

4 INDEX.

PAGE

Adaras Run Railroad Company, Big Bay and, chartered 1G9

Adjutant and Inspector General, relative to term of office of. 1010

vacancies in office of. 935

election and appointment of. 806

Administrators of derelict estates 413

Act regulating, amended 954

relating to, amended 704

Adultery, divorce on grounds of 30

Advances for agricultural purposes, Act to receive, amended 169

African Methodist Trinity Church, of Clarendon, incorporated 379

Agent, Financial, settlement of claims of. 277

Agricultural College and Mechanics' Institute, South Carolina, in-
corporated 172

purposes, advances for, Act amended 169

Society, Abbeville, incorporated 229

Statistics, Bureau of, abolished 34

and Mechanical Association, Greenville, incorporated. 362

Pee Dee, incorporated. . 430
Fair Company, Darlington, incorpo-
rated 327

Society, South Carolina, incorporated. 375

societies providing for promotion of.. 414

Association, Hartsville, incorporated 693

and Mechanical Association, Beaufort, incorporated. 536
Progressive Association, of Clarendon, incorpo-
rated 528

Aiken County, Act establishing, amended 825

special tax in 825

voting precincts in 982

providing for payments of certain debts of. 119

entitled to four representatives 162

legal processes to be transferred to Courts of. 652

Light Infantry, incorporated 123

Merchants' Building, Trust and Loan Association

of, incorporated 209

Railroad Company, Spartanburg and, incorporated. 176

Savings Bank of, incorporated 266

time for holding Courts in.. 524, 325

Trial Justices for, number of 313

special assessment of taxes in 421

Port Royal and Charleston Railroad, Anderson, incorpor-
ated 401

INDEX. 5

PAGE

Aiken, Spartanburg and, Railroad, charter amended 422

Real IC^^tato ai)d Building Association incorporated 336

Anderson, Tort Royal and Charleston Railroad, charter

amended 030

boundary line between, and certain other Counties changed. 649

County Commissioners to construct bridge in o49

open public road in 646

Hook and Ladder Company incorporated 727

Jockey Clul) incorporated 728

Love and Good Will Society of, incorporated 490

Manufacturing Company incorporated 709

Tilton Hook and Ladder Company of, incorporated 727

Tribune, payment of claims of 814

Aldermen of Columbia, Mayor and, may issue bonds 220

Charleston, jNIayor and, election of. 403

Aliens may hold property 73

to hold property. Act authorizing amended 487

Allen, James M., bondsmen of, relieved 019

Allendale, town of, chartered -^08

Amendment to Constitution, proposing an, prohibiting creation of

new debt 295

Amendment to Constitution, proposing an, changing time of election 289

relative to boundary line of Pickens

and Oconee '. 494, 1014

term of office of certain State

officers 806, 1009

relative to school tax 1025

increase of debt 466

time of elections 467

increase of debt of Coun-
ties, cities and towns... 812

American Union Literary Debating Club, incorporated 265

Exchange and Savings Bank, incorporated 562

Anderson County, town of Belton in, incorporated 24

Hunea Path in, charter amended 16

Townville in, incorporated 260

Farmers' and Mechanics' Association of, incor-
porated 10'

State's Savings and Insurance Bank of, incor-
porated 67

escheated property in, vested in Mary Smith e( al. 933

H, N. White to erect certain gates in 831

6 INDEX.

PAGE

Anderson County, Treasurer of, to turn over papers to County Com-
missioners 937

voting precincts in 981

number of Trial Justices for 313

William H. Wynns, of, to change his name 322

Samuel N., change of name 311

town of, charter amended 041, 973

drainage law for G22

Earle's Bridge in, charter renewed 624:

fence law for 654

E. B. Murray, of, admitted to practice law 568

places for collecting taxes in, designated 589

time of holding Courts in ,. 506

trustees of Greeley Institute of, relative to 816

Animals, useful, protection and preservation of. IHO

Act amended 441

Antipedo Baptist Church of Christ, incorporated 438

Autioch, Church of, incorporated.... 274

Apothecaries, license and registration of. 2, 212

Appeals, to save expenses in 862

Appropriation to pay members and attachees of General Assem-
bly 821

Columbia Gas Light Company 1004

census takers 934

Messrs Thomas W. Price & Co 1005

salaries of members of General Assembly.. 821

State Treasurer, monthly statements 864

supplies for executive departments 960

widow of late Judge Green 1007

for fiscal year 1874-75 884

of revenue from liquor license 830

for fiscal year 1873-74 609

Act making, amended 709

to pay claims of Berry et al 517

Citizens' Savings Bank and Central

National Bank 602

Frazee et al 532

South Carolina Bank and Trust

Company 483

expenses of extra session of General Assem-
bly 491

printing 482

INDEX. 7

pa(;e

Appropriation to pay loj^al services of ccrtaiii persons, iVc 815

lor repairing,' State House, fence, roof, <kc M12

' unpaid sciiool claims of Greenville County 810

expenses of printing ordered by General Assem-
bly, session 1H70-71, 1.^71-72 460

current printing .'521

fiscal year 1872-73 407

Normal School purposes 400

payment one-third salary General Assembly •]07

balance salary General Assembly 321

claim of Henry Ware & Son 402

claims arising under Governor's pro-
clamation of July, 1871 405

outstanding certificates of members

last General Assembly 464

outstanding debts for fitting up hall

House of Representatives, &c 465

on lands in Darlington County 47J

to purchase site and Ijuildings for State Orphan

Asylum 477

deficiency in, for free schools supplied 233

speedy apportionment of, for free schools G4

for fiscal year lS71-:2 270

payment General Assembly, (1) 1

General Assembly, (2) 35

General Assembly, (3) 87

Appleton, D. F., to erect wharf at Port Royal 646

Apprentices, idiots, servants, A:c., ])unishment for ill-treating 704

and Minors' Library Society may unite with Charles-
ton Library Society 650

Library of, Charleston, charter renewed 374

Appraisers of homestead, appointment and duties ;'>70, 229

compensation of. 373, 232

Arthur, Henry, ct al., to erect gates across State road in Lexing-
ton County 472

E. R., to redeem forfeited lands 1009

Artillery Company, Wilson, incorporated 367

Artificial Stone and Cement Company, Columbia, incorporated 156

Artson Ililles, incorporated 730

Arms, authorizing Governor to purchase two thousand stands of,

repealed 36

8 INDEX.

PAGE

Asheville Railroad, Spartanburg and, charter amended 540

charter amended 346

Company, Laurens and, incorporated 209

Laurens and, charter amended 363

Turnpike Company, Greenville and, incorporated 663

Ashford's Ferry, rechartered 379

Ashley River Railroad, incorporated 905

Assembly Society, Union, incorporated 327

Assessment of real estate for 1874 authorized 819

and taxation of property, Act relative to 731

amended 979

amended 163

and collection of taxes on real estate in Marion County. 598
of Union County to relieve taxpayers from paying

taxes on present 809

of real property in 1873 provided for 427

Assistant Adjutant General, office of, abolished 33

Association, Draymen's Benevolent, incorporated 341

Florence Educational, incorporated 338

Mechanics' and Farmers' Building and Loan, charter

amended .'^51

Randolph Enterprise, incorporated 337

Spartanburg Building and Loan, incorporated 459

Charleston Charitable, charter repealed 960

German Mutual Life, incorporated 940

School, incorporated 956

Richland Building and Loan, charter amended 939

State Dental, incorporated 856

Spartanburg Building and Loan, charter amended 947

Union Building and Loan, incorporated 852

Winnsboro Building and Loan, incorporated 840

Brotherly, of Charleston, incorporated 63

Charleston Loan, incorporated 166

Citizens' Building and Loan, incorporated 248

Darlington Land and Joint Stock and Loan, incor-
porated 240

Enterprise, of Charleston, incorporated 34

Mechanics' and Farmers' Building and Loan, of

Richland County, incorporated 39

Orangeburg County Fair, incorporated 157

Relief Loan, of Charleston, charter renewed 32

amended 239

INDEX. 9

rA«;i:

Association, Sumter Land Joint Stwtk aii<l L'»;in, incorporated...

Butchers' Mutual Aid and Protective, incorporated.... 570

Charle.><ton liuildinf^ and Loan, incorporated 566

Re{)ul)lican, incorporated 580

Chester Land I'urcha.sing, incorporated 653

Building and Loan, incorporated 704

Clarendon Land and Joint Stock, incorporated 660

Congaree Real E.state Building and Loan, incorporated 687

Farmers' and Planters' Savings and Loan, incorporated. 526

Long-shoreraen's Protective Union, incorporated 586

Meclianical Fair, of Darlington, incorporated 625

People's l>uilding and Loan, incorporated 566, 587

Press Un ion , Laborers', incorporated 672

iMutual Aid, Society incorporated 585

Steveuore.s', of Georgetown, incorporated 601

Union Republican Wide Awake, incorporated 585

Asylum, Deaf, Dumb and Blind, removal of 102?>

State Orphan, removal of 1013

Lunatic, imbeciles to be removed from 67

keepers and employees of, exempt from certain duties 232

Orphan, Joint Stock Company for benefit of, incor-
porated 1 03

Attachees of General Assembly, regulating pay of 700, 1006

Attachment, levy and sale, poor farms, hospitals, &c., exempt from. 686
Attorney General, constitutional amendment relative to term of

office of. 806

to institute proceedings to recover moneys from

property sold by sinking fund 820

to institute proceedings against Commissioners

of the sinking fund 315

may approve certain l)()nds 821

may sue for State in Kicliland County 077

term of office of I'UO

vacancies in office of. 035

Attucks Light Infantry incorporated 729

Auditor, County, appointment, powers and duties of 777

to redeem forfeited lands 530

sell forfeited lands 1(54

issue licenses 202

State, Joint Resolution authorizing to Kvy certain t:ixes

repealed 307

and County Commissioners to levy certain taxes... 203

10 INDEX.

PAGE

Auditor, State, office of, abolished after next election 189

Augusta Air Line Railroad, Raleigh, Columbia and, incorporated.. 108

Greenwood and, Railroad Company, chartered 21(5

Railroad, Newberry and, incorporated 792

Aumanns, Soloman, escheated property vested in 881

Auxiliary Joint Stock Company, Slate, incorporated 345

Bank, Carolina National, of Columbia, bonds of South Carolina to

be registered at 280

Carolina Savings, incorporated 677

charter amended 875

Germania Savings, incorporated 670

and Trust Company, South Carolina, providing for payment

of claims of. 483

Southern Insurance, incorporated 685

Hiberuia, incorporated 842

Marion, incorporated 970

People's, charter amended 966

Planters' and Mechanics', charter amended 966

Union Savings, charter amended .. 8o9

Walhalla, incorporated 890

Red, Manufacturing Company, incorporated 116

Savings, of Aiken, incorporated 266

State Savings and Insurance, of Anderson, incorporated 67

Union Savings, of Columbia, chartered 254

Georgetown , i n cor porated 140

Banking and Trust Company, Beaufort, incorporated 303

Baptist Church, Bethel Grove, incorporated 274

Damascus, incorporated ISO

Gethseraane, incorporated 257

Prospect, incorporated 273

Reedy River, incorporated 184

Springfield, incorporated i^')

Union , i ncorporated 240

Zi on , in corpora ted 226

Antipedo, of Christ, of Georgetown, incorporated 438

Canaan, of Beaufort, incorporated 366

Columbia, of Greenville, incorporated 358

Cross "Roads, of Pickens, incorporated 360

Huspah, of Beaufort, incorporated 359

INDEX. 11

PAGi:

Baptist Churcli, S('('(iml ( 'odsawliatcliic, of B«^aiifi)rt, incorporated. 3.')1

New Trospcct and Iligli >School, incorporiitcd 'V)l

Barnwi'Il Comity, adjust tm-iit of dcht of K-J.'.

appoiiitiiieiit of Trial Justices in Mjlti

certain election in 92H

votiM;^; precincts in liH2

entitled to four representatives 102

Comnii.ssioners of, to establish pui)lic mad from

Beiinaker's bridge 65

Connuissioners of, to build jail at Blackvillc oO

and Orangeburg, road in, established 08

location of County seat of, referred to (]ualified

voters of. 333

numiicr of Trial Justices for 31.'!

public road in, opened 380

Committee to investigate financial affairs of. 805

Elliott Ro|iublican C'lub of, incorporated 583

Hunter's Chapel Baptist Church of, incorporated.. 480

number of Trial Justices for 588

town of Allendale in, incorporated 508

Barnet, B. R., to recover forfeited lands 493

Beacons and buoys, protection of 233

Beaufort Banking and Trust Company 303

Beaufort County, drainage law for 84!>

sales day in 850

Treasurer of, to turn over certain jjapcns 037

voting precincts in 082

Whitehall ferry of, charter amended 024

Commissioners of, to levy special tax 473

number of Trial Justices for 31".

Hu.spah Baptist Church of, incorporated 350

Agricultural and Mechanical Association incor-
porated 53(5

certain benevolent societies in, incorporated 538

Commissioners to levy special tax, Act relative

. to amended 531

Ladies' Branch Society of, incorporated 57S

numiter of Trial Justices in 588

Pipe Creek Baptist Church in, incorporated 028

Planters' Republican Society of, incorporated.... 5.')0

town of ]irunson in, incorporated 590

town of Port Royal in, incorporated 010

12 INDEX.

PAGE

Beaufort County, Union Bright Light Society of, incorporated 574

Beaufort, Kressell, William, to build dock in 554

Ohliindt, John, to build a wharf in 533

Standard, payment of claim of 814

town of, charter amended 647

pilotage regulated at points in, Act amended 440

Pilot Commissioners of, to have jurisdiction over St.

Helena Sound 440

Second Coosawhatchie Baptist Church in, incorporated.. 331

taxes assessed and collected in, relating to 458

Horse Railroad, charter amended 424

Rail road of, incorporated 152

R. K. Carlton, of, to change iiis domicile to 478

Manufacturing and Improvement Company of, incorpo-
rated 113

River, Big Horse Ferry over, chartered 119

regulating pilotage at port of 53

town of, charter amended 136

Belton, town of, incorporated 24

Belew et al., names changed to Long 687

Bennettsville Academical Society, charter amended Q^

Benevolent Association, Draymen's, incorporated 341

Berry, M. H., payment of claimsof 465

et al., appropriation to pay claims of. 517

Big Bay and Adam's Run Railroad Company incorporated 109

Bigamy, relative to punishment for 603

Big Horse Ferry over Beaufort River chartered ... 119

Saltkehatchie Swamp, causeway over, established 251

Bills receivable, Act authorizing issue of, repealed 569

Biunaker's Bridge, road leading from, established 65

Black Mingo Rifles incorporated 730

Blackstock, town of, incorporated 381

charter of, amended 883

L. Daniel, of, to exercise functions of Trial Justice in

town of. 810

Blackville, County Commissioners of Barnwell to build a jail at... 50

town of, charter amended 543

Blue Ridge Railroad Company, liability of State for bonds of, re-
lieved 79

Section 4 of Act relating to guar-
antee of bonds of, repealed 479

Board, Financial, to settle claims of Financial Agent 277

INl)i;X. 13

li()!ltnKu^^ riiospliulc Uivt r Mining ('Dinpiiiiy incorporated •">:;'>

Bond, County ConimiHsioncrs to ^'ive, l)etore cnteriiit' upon duties., 'J24

scrip, revenue, issue of, aulliorize<l HO

of County Commissioners >^2\

Bonds, Chester ami Lenoir Railroad, redemption of. H'i.")

relief of sureties on oIKeials' !'>"J

of County Treasurers 5i)7

certain Counties to issue, as subscription to Clieraw and

Chester Railroad 008

certain Counties to issue, as subscription to Little River and

Chcra w Rai 1 road 5(il>

of Blue Ridge Railroad Company, providing for securing

and destruction of. 70

of South Carolina, relating to 1278

certain, to be declared legal and valid -!79

consolidation, issue of. 2-)()

City Council of Charleston to issue 08")

to be of one description and style 280

places of registry of. 280

certain Counties may issue and loan, to Charleston, George-
town and Couwayboro Railroad 411

insurance coni[)anies may deposit in United States M45

Bondsmen of E. M. Rose relieved 287

L. H. Russel relieved 80")

James M. Allen relieved GIH

Bonneau Ferry, Commissioners of Charleston County to place a

flat at ^o

Bowie, J. S. t^' L., to redeem certain forfeited lands 1001

Bowen Riflemen Company incorporated .'>15t

Boundary line between South Carolina ami Georgia, readjust-
ment of 703

Box. II. R , and others to erect certain gates 002

Boykin M. E. Church incorporated 024

Braddy, E. W., to redeem forfeited lands 474

Brick Masons and Plasterers' Link incorporated o^()

Bridge, Binnaker's. road leading from, established <>•")

over Wateree River, erection of. 43

Knox's, rechartered •'>53

Ravenel's, rechartered 34!'

toll across, Savannah reehartered. -''i 0

across Lynch's Creek 440

Savannah River, at Ilaiiilniri,' I't'.-J

14 INDEX.

PAGE

Bridge, Rantowle's, a public highway 964

Wateree, protection of. 978

Bright, Alice and Thomas, names changed 317

]5ritton, J. E., payment of claims of. 814

Brotherly Association, Union, incorporated 928

Brown, R. W., name changed to Well 828

Bryan Light Infantry incorporated 376

Bruderlicher Bund, Deutscher, incorporated 112

Brunson, town of, incorporated 590

Buck, H. S., relieved of certain taxes 1017

Wm. & Company, vested in 899

Building and Loan Association, Citizens', incorporated 248

Spartanburg, incorporated 259

Mechanics' and Farmers', of Rich-
land County, incorporated 39

Mechanics' and Farmers', charter

amended 351

Richland, incorporated 939

Spartanburg, charter amended.... 947

Union, incorporated 852

Winusboro, incorporated 840

Real Estate, of Aiken, incorporated 336

Loan and Trust Association, of Aiken, incorporated 209

Buoys and beacons, protection of. 233

Bull River and Port Royal River Railroad incorporated 153

Bund, Deutscher Bruderlicher, incorporated 112

Bureau of Agricultural Statistics abolished 34

Burglar proof doors, fire and, for Treasurer's office 287

Cain, E. J., Sheriff of Orangeburg, to give new bond 801

Cain Rifle Guards incorporated 730

Cainhoy, wharf at, established 586

Calvary Presbyterian Church, of Colleton County, incorporated... 380

Camden, Phoenix Hook and Ladder Company of, incorporated 339

Ferry, erection of bridge at 43

limits of, extended 97

Railroad Company, Lancaster and, chartered 204

Independent Fire Engine Company of, incorporated 698

Jockey Club, incorporated 647, 727

INDEX. 15

PACE

Canal, Edisto, Caw Caw ami Waites' Creek, incorporated 207

Company, Little River and Waccamaw, charter amended... 178

Charleston Water and, incorporated 574

Canaan Baptist Church incorporated 366

Cani)y, General, redemption of lands .sold by order of". 45

Cannonsboro Wharf and Mill C'oinpany, charter renewed 935

Carlton, R. R., permitted to change his domicile 478

Cardarclli, F., appropriation to pay claim of. 809

Carolina Light Infantry incorporated 110

National Bank, bonds to be registered at 280

Oil Company incorporated 51

Narrow Gauge Railroad, consolidation of. 395

Orphan Home, of Spartanburg, incorporated 391

Mutual Insurance Compan}', charter renewed 578

Savings- Bank incorporated 077

charter amended 875

Lumber Manufacturing Company, charter amended 845

Causeway over Big Saltkehatchie established 251

Caw Caw and Waites' Creek Canal Company incorporated 207

Carrere, M. D., State Treasurer to reissue stock to 294

Carter, Frank, change name of. 377

Cement Company, Columbia Artificial Stone and, incorporated 156

Cemetery Company, Mount Zion, incorpo;'ated 358

National, at Darlington, jurisdiction of ceded

to United States 312

Census takers, appointment au<l duties of. 933

Central, town of, incorporated 910

National Bank, itc, appropriation for claims of. 002

Centenary Church and Camp Ground incorporated 633

Certificates, teachers' and jurors', buying or shaving of by certain

officers prohibited 153

of indebtedness, State Treasurer to issue 482, 809, 814

Chamber of Commerce, charter renewed 847

Chamberlain, D. II., appropriation to pay for legal services 815

Charleston, Brotherly Association of, incorporated 63

Carolina Light Infantry of, incorporated 110

Citizens' Building and Loan Association of, incor-
porated 24')

Doutscher Bruderlicher Bund of, iiicorp<»ratcd 112

Enterprise Association of, incorporated 34

F'ireuien's Union of, incorporated 143

16 INDEX.

r AC; E
Charleston, Georgetown and Couwayboro Railroad Company in-
corporated 141)

Hook and Ladder Company, No. 3, incorporated 115

Hope Steam Fire Engine Company of, charter re-
newed 14G

Inferior Court for trial of criminal cases in, estab-
lished 187

Joint Stock Company for beneBt of Orphan Asylum

established 103

Journeymen Mechanics Union of, incorporated 112

Laud and Joint Stock Company established 258

incorporated 119

Loan Association incorporated 166

Loan and Exchange Company incorporated 263

Marion Lodge, ]^o. 2, I. O. O. F., of, charter renewed, 268

Mishaw Light Infantry of, incorporated 121

Provident Land and Real Estate Company, incor-
porated 85

qnarantine at, Act establishing amended. 96

regulating pilotage at port of. 53

Relief Loan Association of, charter amended 32

renewed charter amended. 239

St. Mary's Catholic Church of, charter renewed 238

Saxton Riflemen of, incorporated 47

Wallington Church and Academy of, incorporated ' 48

Apprentices' Library of, charter renewed 374

Bowen Riflemen Company of, incorporated 319"

Bryan Light Infantry of, incorporated 376

Coastwise Transportation Company of, incorporated.... 334

Draymen's Benevolent Association of, incorporated 341

Edisto Riflemen of, incorporated 377

election of Mayor and Aldermen of. 403

fire engine companies of, certain charters amended 340

Ford Riflemen of, incorporated 378

Garrison Light Infantry of, incorporated 365

Georgetown and Conwayboro Railroad, charter amend-
ed 444

Georgetown and Conwayboro Railroad, certain Counties

may issue and loan bonds to 411

Harmony Circle of, incorporated 328

Irish Rifle Club of, incorporated 310

Volunteer Rifle Club of, incorporated 320

INDEX. 17

I'AOE

Charlostnii Lmul ( 'onipany. cliartcr aiiicinicil ;>51

Lii)C()lii Li<,'lit Iiifanlry of, incorporated ',U'.)

iMarincrs' Chapel o(" iiieorporated ;{2!)

Natiomil Zouaves of, incorporated ;}18

Palmetto State Riflci Cliil) of, incorj.oratcd 317

pilotage at, Act regulating and amending 440

Anderson, Aiken, Port Koyal and, iiieorporated 401

Railroad, New York, Norfolk and, construction of. 44:]

Scotch United Blues of, incorporated 374

Sumner Light Dragoons of, incorporated 377

Trial Justices for city of, appointment and duties 35i3

County of, number of. 313

Union Assembly Society of, incorporated 327

Wadmalaw KiHemen of, incorporated 377

Water Company, incorporated 297

Wilson Artillery Company of, incorporated 307

American Exchange and Savings Bank of, incorpo-
rated 502

Apprenticse' and Minors' Library Society of, to unite

with the Charleston Library Society 050

Artson Rifles of, incorporated 730

Attucks Light InfuDtry of, incorporated 729

Boatman's Phosphate River Mining Company of, in-
corporated 530

Butcher's Mutual Aid and Protective Association

incorporated r^~g

Chronicle, appropriation to pay claims of 814

Citizens' Centenary Company of, incorporated 728

City Council of, to elect In.<pector General of timber

and lumber 589

issue 7 per cent, bonds to take up

over-due stock 083

County Commissioners of, to erect a poor house G42

keep in repair James
Island and liau lover

Cuts 0(h

open certain j)ublic

roads 790, 805

to relieve Treasurer of, and his deputy of re-
sponsibility for certain moneys lost by tire... 819

Enterprise Gas Light Company of, incorporated tJ44

ferry from Hamlin's Wharf in, charter amended 730

18 INDEX.

PAGE

Charleston Fertilizer Company, incorporated G81

Floating Dry Dock and Marine Railway Company,

charter renewed 553

Gas Light Company of, charter amended 730

Gerraania Savings Bank of, incorporated 670

Home Insurance Company of, charter amended 480

House of Refuge and Industrial School for, established. 502
Library Society may unite with the Apprentices' and

Minors' Library Society 650

Memorial of Freedom Publishing Company of, incor-
porated 587

Mishaw Zouaves of, incorporated 730

Mutual Aid Association Society of, incorporated 585

Palmetto Light Infantry of, incorporated 730

Palmetto Land and Lumber Company of, incorporated. 648
Peoples' Building and Loan Association of, incorpo-
rated 587

Petty Rifle Club of, incorporated 582

Press Union Laborers' Association of, incorporated 672

Prioleau Rifle Club of, incorporated 691

Railroad, Andersen, Aiken, Port Royal and, charter

amended .■ 636

Reform Apollo Society of, incorporated 480

Republican Association of, incorporated 589

Sons and Daughters Cane Manual Society of, incorpo-
rated 728

South Carolina Lodge of, charter amended 649

South Carolina Mutual Insurance Company, charter of

amended 578

South Carolina Savings Bank of, incorporated... 677

Stevens Light Infantry of, incorporated 590

and Sullivan's Island Railroad Company incorporated.. 675

Trial Justices for city of, Act relative to amended 534

Union Republican Wide Awake Association, incorpo-
rated 585

Water and Canal Company, incorporated 574

County Commissioners to apply proceeds of certain

taxes 1021

Committee to investigate financial condition of. 1019

Inferior Court abolished 824

School Commissioner, time to qualify extended.. 854

Trial Justices for, number increased 900

INDEX. 19

PAGE

Charleston County, voting j)rocinct8 in 9^2

Caroliua Lumber Manufacturing Company of, charter

amciuk'd 845

iSaving.s Bank, charter amended 875

Chamber of Commerce, charter rcnewetl 847

Charitable Association, charter repealed 960

election of Mayor and Aldermen, Act relative to

amended 1)61

German Mutual Life Association incorporated 1(40

Kille Club, charter amended 9()1

School Association incoi-pciratcd 956

Ilibcrnia ^^utual Insurance ('oinpany of, incorporated. 8."]1

Savings Bank of, incorporated 842

Home Insurance Company, charter amended 914

Library Society to redeem forfeited lands 1005

Palmetto Oil and Grease Company incorporated 893

South Carolina Manufacturing Company to build a

rail road 925

Stono Phosphate Company of, incorporated 977

Taylor Iron Works of, charter amended 845

Charters, Act to grant, renew and amend certain, amended. ...32."], 341

to provide for the granting of certain 556

Act authorizing and provitling for, amended 935

Checks to laborers on plantations, regulating the issue of 216

issuing of, regulated 899

Chemical and Soap Company, Huntoon, incorporated 6

Cheraw Fire Engine Company incorporated 51

Railroad Company, Little River and, incorporated 117

and Chester Railroad incorjjorated 442

certain Counties may issue and

loan bonds to 688

and Little River Railroad, certain Counties may issue and

loan bonds to 569

Chester County, number of Trial Justices for 313

time for holiling Courts in 325

appcintment of Trial Justices in 974

Commissioners to levy special tax 865

to disburse taxes on account of

past indebtednei^s 896

voting precincts in 983

and Lenoir Narrow Gauge Railroad Company incor-
porated 393

20 INDEX.

PAGE

Chester Railroad, Cheraw and, incorporated 442

Railroad, Newberry and, incorporated 4'54

town of, charter amended 3G8

Building and Loan Association incorporated 794

County Commissioners of, to build certain bridge 655

Lund Purchasing Association incorporated 653

and Cheraw Railroad, certain Counties may issue and loan

bondsto 608

Young Men's Christian Association incorporated 792

Chesterfield, town of, incorporated 36

and Kershaw, public road in 458

number of Trial Justices in 313

County Commissioners of, to levy a special tax 803

places for collection of taxes in, designated... 589

time of holding Courts in 705

Commissioners of, to levy a special tax 1011

voting precincts in 983

town of, charter amended 858

Children, legitimized by last will and testament 162

idiots, apprentices et aL, punishment for ill treatment of.. 704

rights of, under policies of insurance protected 865

Chisolm, R. R., Jr., State Treasurer to refund taxes overpaid to... 815

Circle, Harmony, of Charleston, incorporated 328

Civil actions, where to be tried 913

State is a party to 977

rights, enforcement of. 897

Circuit Courts, time of holding in Aiken County 524

Horry County 537, 706

certain Counties 655

Fourth Circuit 705

Seventh Circuit 656

Church, Damascus Baptist, incorporated 189

Antioch, incorporated 274

Bethel Grove, incorporated 274

Gethsemane Baptist, incorporated 257

Mount Bethel, incorporated 273

Zion M. E., incorporated 88

Nazareth Presbyterian, incorporated 122

New Hope and New Bethany, incorporated 274

Presbyterian, of Smyrna, incorporated 72

Prospect Baptist, incorporated 273

Reedy River Baptist, incorporated 184

INDEX. 21

VAC.E

Cluircli, >?;ilem I'lushyteTian, iiK'(jrp()rate(l 2<)7

Springfield Baptist, incorporated 65

St. Andrew's Lntlieriiii, charter renewed 102

St. Mary's Roman Catliolio, charier renewed 238

Union Bapti.st, incorporated 240

AVallingford, and AcaihMny incorporated 48

Wateree Presbyterian, incorporated 2B7

Zion Baptist, incorporated 220

African Methodist Episcopal, Trinity, incorporated .'570

Calvary Presbyterian, incorporated 380

Canaan Baptist, incorporated 3fi6

of Christ, Antipedo Baptist, incorporated 438

Clinton Presbyterian, incorporated 359

Colnini>ia Baptist, incorporated 358

Congruity, Concord township, incorporated 350

Cross Roads Baptist, incorporated 3(50

Huspah Baptist, incorporated 359

isew Hope Methodist, incorporated 361

New Prospect Baptist, and High School incorporated 361

Presbyterian, at Abbeville, incorporated 419

Second Coosawhatchie Baptist, incorporated 331

St. Matthew's Evangelical, incorporated 364

Boykin M. E., incorporated (524

Centenary and Camp Ground, incorporated 633

Colored Baptist, of Suraraerville, incorporated 489

Ebeuezer Baptist, incorporated 622

Presbyterian, incorporated 482

Hunter's Baptist, incorporated 4S6

Mount Carmel Methodist, incorj)orated 796

Orangeburg Lutheran, incorporated 490

Pacolet Baptist, incorporated 728

. Pipe Creek Baptist, incorporated 628

Pleasant Hill Baptist, incorporated 481

Shiloh M. E., incorporated 628

Chronicle, Charleston, approj)riation to pay claims of. 814

Circuit Courts, Sections of Code of Procedure in relation to,

amended 146

in certain Counties, time for holding 324

York County, time for holding 456

time for holding, in Aiken County 524

Horry County •"••'>7, 706

certain Counties 655

22 INDEX.

PAGE

Circuit Courts, time fur holding, in Fourth Circuit 705

Seventh Circuit 65f>

Circle, Harnoouy, of Charleston, incorporated 328

Civil actions, where to be tried i)l?>

State is a party t«; 077

rights, enforcement of. 897

Cities and towns, election of officers of incorporation, Act amended.. 317
certain, may i.?sue and loan bonds to Charleston,

Georgetown and Conwayboro Railroad 411

Citizen's Building and Loan Association, of Charleston, incorpo-
rated 248

Cemetery Company incorporated 728

Saving's and National Bank, appropriation to pay

claims of. 602

Circus, relative to licensing of. 845

Claims against County of Abbeville to be registered 476

newspaper, appropriation for payment ot 463

of Republican Printing Company, payment of. 463

under proclamation of Governor, of July, 1871 405

to provide for payment of certain 532, 808, 814

to provide for payment of past due school 565

South Carolina Bank and Trust

Company 483

settlement of certain State 997

County, manner of paying 944

Columbia Gas Light Company, payment of. 1004

Thomas W. Price & Co., payment of 1005

Clarendon County, African Methodist Episcopal Church in, in-
corporated 379

New Hope Methodist Church in, incorporated. 361

number of Trial Justices for 313

road in, opened 422

Committee to investigate financial affairs of... 820
certain road in, declared a public high-
way 577, 685

persons holding claims against, to file list 817

appointment of Trial Justices in 908

Commissioners to levy a special tax 1013

registry of claims against 1003

voting precincts in 983

Agricultural and Progressive Association in-
corporated 528

ixi)i:x. 23

rA(jE

Clnrciulou County Lutid jimJ Jniiit Stock Company incorporated.... (UH)
Clerks of Courts, conveyiinci'.s of real estate to be recorded in office

of F)

to receive of j)laintilf compeiieation in advance.. 190

may take testiiiKJiiy 41

fees of. (;04, .",85, 41

may admiuidter derelict estates 413

to issue licenses to circuses 845

Senate and House of Representatives to advertise for

proposals !)58

Clinton Presbyterian Church incorporated 359

Club, Columbia Jockey, incorporated 139

Irish Rifle, incorporated .",10

Palmetto Rifle, incorporated 317

Irish Volunteer Rifle, incorporated 320

Elliott Republican, incorporated 583

Lone Star Debating and Charitable, incorporated (!90

Pee Dee Youuj^ Men's Planting, incorporated 529

Petty Rifle, incorporated 582

Prioleau Rifle, incorporated ()4l

Weetee Rifle, incorporated 581

Coastwise Transportation Company incorporated 334

Code of Procedure, Section 279 of, amended 12

Sections 3:jO and 310 of, amended 190, 194

sundry Sections of, amended 14i!

Title V, Part III, amended 695

amended 868

Coleman, James P., name changed to Knuckles 687

Cokesbury, town of, charter amended 63

College, Er&kine, charter renewed 155

South Carolina Agricultural, and Mechanics' Institute in-
corporated 172

Spartanburg Female, incorporated 88

Walhalla Female, incorporated 84

Woflbrd, of Spartanburg, charter renewed 332

Collection of taxes, extension of time for 'M'2

relating to 415

Colleton County, establishment of road in 456

J number of Trial Justices for .313

Presbyterian Church in, incorporated 380

additional Trial Justices for 818

Sullivan's Ferry in, ciiartcr renewed 583

24 INDEX.

PAGE

Colleton Couuty, ferry across Stono River in, chartered 684

Manufacturing Company incorporated (IGO

Commissioners to levy a special tax 1012, 1022

public road in, Act relative to amended 901

town of George's Station in, incorporated 830

Reevesville in, incorporated 900

Ridgeville in, incorporated 909

voting precincts in 983

Colonization, encouragement of 977

Columbia Artificial Stone and Cement Company incorporated 156

Raleigh and Augusta Air Line Railroad chartered 108

Congregation of Derekh Eraetle of, charter renewed 204

Jockey Club incorporated 139

Mayor and Aldermen of, to issue bonds 220

Palmetto Fire Engine Company of, charter renewed 29

Traction Steam Engine Company of, incorporated 158

Union Savings Bank of, chartered 254

Walterboro and Yemassee Railroad Company, charter

amended 70

Zion Baptist Church of, incorporated 226

Baptist Church, incorporated 358

Grand Southern Hotel and Transfer Company of, incor-
porated 383

Refulgent Society of, incorporated 342

Brick Masons' and Plasterers' Link, incorporated 586

Congaree Fire Engine Company of, incorporated 507

Real Estate Building and Loan Association of, incorpo-
rated 687

Enterprise Fire Engine Company of, incorporated 484

Home of Refuge and Industrial School of, established... 502

Lone Star Debating and Charitable Club incorporated... 690

Richmond Guards of, incorporated 581

appointment of Trial Justices in 858

certain property liable to escheat in 881

Gas Light Company, payment of claims 1004

South Carolina Mutual Insurance and Trust Company

incorporated 949

Union Savings Bank of, charter amended 839

Combahee Ferry rechartered 71

across Combahee River, charter amended 729

Commercial Fertilizer, regulating manufacture and sale of. 33

INDEX. 25

I'AGE

CommiasioucT of A^'ricultural Statistics, duties of, conferred on

Secretary of Slate 34

Land, duties of, conferred ou Secretary of State 23f>

relative to fees of 239

School, of Union to approve certain claims 295

Commissioners, County, of Abbeville to open public rnad 352

levy special tax 4(')'.l

Barnwell to open public road 380

Colleton to open public road 456

Beaufort to levy a special tax 473

Georgetown to levy a special tax 426

Kershaw to levy a special tax 464

Lancaster to levy a special tax 344

Marion to levy a special tax 344

Tsewberry to levy a special tax 344

Orangeburg to levy a si)ecial tax 344

open a public road 427

Richland to levy a special tax 3-44, 469

certain Counties to levy a special tax 344

Sumter to build bridge across Lynch's

Creek 44U

certain Counties to issue bonds and loan
same to Charleston, Georgetown and

Conwayboro Railroad 411

to enforce payment of {)oll tax ... 3")7

to give bond before entering upon duties.... 324

to levy tax for l'S72-73, &c 306

to take testimony in regard to records

lost by fire in Abbeville 451

powers of, in the license and sale of spiritu-
ous li(iuors 139

State Auditor and, to levy certain taxes.... 293

Abbeville, to levy special tax 293

Barnwell, to build a jail at Blackville 50

to establish a rc.ad leading frotn Binnaker's

bridge 65

of Charleston, to place a flat at Bonneau's

Ferry 53

Darlington, to levy a special tax 120

Kershaw, to build n bridge over Wato-

ree River 43

Oconee, action of validated 13

26 INDEX.

PAGE

Commissioners, County, of Riclihind, to construct a new court

liouse 107

Williamsburg, to levy a special tax 2>^!»

of sinking fund. Attorney General to institute pro-
ceedings against 315

of Public Debt, appointment and duties o21

Health and Drainage, for certain Counties 849

Governor to appoint them to readjust boundary

line 285

of special election of 1871, payment of provided

for 291

Pilotage, appointment and duties of 5o

County, to remove imbeciles from Lunatic Asy-
lum 67

Committee rooms, &c.. payment of claims for fitting up 465

Compensation of members of the General Assembly 973

Comptroller General, duties of State Auditor conferred upon 189

to draw warrant in favor of C. Werner 291

duties of, in collection of taxes 415

may extend time for collection of taxes 312

to levy certain taxes 306

order assessment of real property in 1873. 427

license insurance companies 364

when to report 457

to sell bonds of insolvent insurance compa-
nies 343

may make abatement of taxes 789

to extend time for collection of taxes 533

reconvey certain forfeited lands 493

term of office, constitutional amendment rela-
tive to 806

to advertise for contracts for supplies 958

issue warrants in payment of certain

claims 999

order reassessment of real estate in Green-
ville 1020

remit certain taxes 1004

return bonds deposited by insurance com-
panies 970

term of office 1010

vacancies in office 935

validatiuj? certain orders 936

INDEX. 27

PACE

Congaree Fire Engine Company incorporated "lOT

Mann(":ictnrin<r ('()ni|mny iin-drportited T-HQ

Ileal J'^stutt.' Building antJ Limn Asaociatiuu incorporatefl. 6^7

Congruity Church incorporated 3")0

Con<>;res.si()nal Districts, to divide the State into five o7.'»

Constables, tees of. 007. .'580

for city of Charleston, sahiry of oOO

relative to 512

Constitution, proposing amendment to, changing time of election... 28U

prohibiting creation of new

debts 295

Constitutional amendment relative to increase of debt 4t)t>

time of election 4G7

boundary line between Oco-
nee and Pickens 4!>4

increase of debt in cities,

Counties and towns 812

term of office of certain offi-
cers 806

boundary line between Pick-
ens and Oconee ratified.... 1014

State officers ratified lOOO

school funds proposed l(i2o

Construction of public highways, Act amended 215

Contracts for supplies, proposals for 958

Contempt, Coroners to punish for 529

Conveyances of real estate, time for recording 5

Convicts, regulating labor of, in Penitentiary (501, o9

Conway boro Railroad, Charleston, Georgetown and, incorporated.. 149
Charleston, Georgetown and, charter

amended 444

certain Counties may issue bonds and

loans to 411

Cook, David, of Kershaw County, to redeem certain forfeited

lands '. 471

T. H., executor, to recover certain forfeited lands (551

Co-operation Society, of Yorkville, incorporated 795

Coosawhatchie Jiaj)tist Church, Second, incorporated -VM

Coroners, fees of. '^^l

to report to Governor in capital cases 4.'59

may punish for contempt 529

28 INDEX.

PAGE

Cotton Mills, Newberry, incorporated 428

and Woolen Manufacturing Company, Edgelield,

i ucorpora ted 410

Cotton, to punish persons fraudulently packing 976

Joab, to erect certain gates 972

County of Aiken, payment of certain debts by 119

Darlington, payment of past indebtedness of 120

Commissioners to remove imbeciles from Lunatic A^^ylum. 67
power of, in the license and sale of spiritu-
ous liquors 139

of Abbeville to levy a special tax 293

to open public road in 352

levy special tax 1016, 463

of Barnwell to construct a jail at Black-

ville 50

establish a road leading

from Binnaker's Bridge. 65

to open public road in. ... 380
Charleston to place a flat at Bonneau's

Ferry 53

apply proceeds of special

tax 1021

open public high way. ..790, 805

erect poor house 642

keep in repair certain cuts 667
Kershaw to erect a bridge over Wateree

River 43

levy special tax 802, 464

Oconee, action of validated 13

Richland to erect a new court house 107

levy special tax 344, 469

levy special tax 948

Williamsburg to levy special tax,. ..580, 289
Act authorizing levy of

special tax amended.... 829
Beaufort, Commissioners of Health and

Drainage 849

to levy a special tax 473

relative to tax levied by 531

Colleton to open a public road 456

to levy a special tax 1012, 1022

Georgetown to levy a special tax 426

1x\dj:x. 29

I'AOK

County ('ominissioiicrs of Lancaster to levy u special tax lOlO,

808, 344

Marion to levy a special lax 844

Newberry to levy a special tax 915, 344

build a bridge over Tyger

River f;!l4

Orangeburg to open a public road 427

levy a special tax. ..1015, .'J44
establish a public road.... 698
Sumter to" buiM a bridge over Lynch's

Creek 440

apply the proceeds of a certain

tax 1012

Aiken to construct bridge 549

open a public road (546

levy a special tax 825

substituted for Special Commis-
sioners 825

Anderson made Commissioners of Drain-
age (;22

Chester to build a bridge over Rocky

Creek (155

levy a special tax 865, 1022

Chesterfield to levy a special tax... 1011, 803

Clarendon to open a public road (185

levy a special tax 1013

Edgefield to levy a special tax 802

Fairfield to levy a special tax 1013, 817

construct a new jail 955

close public road 948

Greenville to open [)nblic road 982, (i()8

locate State road 41»3

sell certain County prop-
erty 588

Laurens to levy a special tax .S()7, 008

Lexington to change course of market

road 0fi7

open certain road 1018

pay claims 883

have authority to change
course of certain road... 800
Horry to levy a special tax 711

30 INDEX.

PAGE

County Commissioners of Union, in regard to special tax 818

to levy special tax 8G7

Marlboro to levy special tax 1013

Pickens made Commissioners of Health

and Drainage Sl'J

York to levy a special tax SG'j

amending Act relative to duties, &C....821, 98.3

auditing of County claims by 944

to examine original papers of Trial Justices. 863

of certain Counties to levy taxes 344

of certain Couuties to issue bonds and loan
the same to the Charleston, Georgetown

and Conwayboro Railroad 411

to enforce payment of poll tax 357

give bond before entering upon duties of.. 324

levy taxes for 1872-73 306

County officers, when to qualify 322

time to qualify extended 322

when to report 457

County Auditors, appointment, powers and duties of. 731

Treasurers, appointment, powers and duties of. 777

Treasurer, Pickens, manner of paying past indebtedness

prescribed S(^o

certain, to turn over all papers, &c 937

to pay only on checks of County Commission-
ers 944

Counties, cities and towns, constitutional amendment relative to iu-

crease of debt in 812

Courts, Circuit, sundry Sections of Code in relation to amended.... 146

Clerks of, may take testimony 41

Judges of Probate, may issue executions 23

Circuit, time for holding in certain Counties 324

York County 456

Supreme, term of, when to commence 314

clerk of, to give bond 441

empowered to frame issues 314

service of process by, regulated 353

Sheriff of Richland County to attend sessions of. 441

Sheriff of Richland County, compensation 441

Inferior, of Charleston, abolished 824

for criminal cases, established in Charleston 187

Court House, new, in Richland County, erection of. 107

INDEX. 31

PACK

Cowlcs, Isaac, section of land ^^rantcd to widow and cliildrrn of... 2!>'2

Criin, dolm, legitimized O.'.S

Cruelty to Animiils, Society tor Prevention of. (\2()

Cross Koads Baptist Churcli -U'tU

Cumberland (lap Kuilroad incorporated '.^M

Current printing, payment of appropriation for .'!21

Cypress Company, Georgetown, incorporated .'11. "J

Cypress Causeway, charter repealed (i'22

Damascus Baptist Church incorporated l-'^i)

Daniel Littleton, a Trial Justice, to exercise functions 810

Darliugton County, payment of past indebtedness of 120

appropriation for rinal payment of lands in ... 473

National Cemetery in, ceded to United States. 312

number of Trial Justices for 313

Sumter and. County Commissioners to build

bridge 440

John Fields, heir of, to redeem forfeited

lands in 470

Mrs. N. A. McLaughlin to redeem forfeited

lands in 471

James Phillips to redeem forfeited lands in — 4(jil
Frances Irene Quick to redeem forfeited

lands iu 474

Mrs. H. A. Randolph to redeem forfeited

lands in 4(!2

Thomas Saudsberry to redeem Ibrfeiteil

lands in 470

Ilartsville Agricultural Society of, incor-
porated 693

Mechanical Fair Association of, incorporated.. 625

places for collection of taxes in, designated.... 511

time of holding Courts in 705

("ommi^sioners to levy special tax 8^1

payment of certain moneys to late County

Com missioners of 1 02<5

relative to school offices in !'30

Treasurer to turn over certain pa|iers, i^c 1K?7

Land, Joint Stock and Loan Association in-
corporated 240

32 INDEX.

PAGE

Diirlingtou County, Trial Justices of, number reduced 900

voting precincts in 983

Academical Society of, incorporated 389

Agricultural and Mechanical Fair Company

of, incorporated 327

Davis, W. B., adopts and changes name of William N. Martin 64

Deaf, Dumb and Blind Asylum, removal of. 1023

Debating Club, Young Men's Africanus, incorporated 13

Debt, sterling fund, Act creating repealecZ 193

constitutional amendment relative to increase of, ratified 466

incurred in aid of rebellion abrogated 421

public, volume ofreduced 518

of Counties, cities and towns, constitutional amendment

relative thereto 812

Deer, penalty for killing, within certain dates 160

Deficiency in appropriation for free schools supplied 233

Dent, J. E., relieved of penalty on tax execution 465

De La Howe, Dr. John, trustees under will of. 816

estate trustees of. 1024, 1002

Delinquent land sales, extending time of holding 936

Dentistry, practice of, regulated 855

Derekh Emette, Congregation of, charter renewed 204

Derelict estates, Act providing for administration of, amended 704

administration of 413

Act relating to, amended 954

Deposits by insurance companies. Act requiring, repealed 969

Desertion, divorce on ground of. 30

Deutscher Bruderlicher Bund incorporated 112

Disbursement of public funds regulated 692

Districts, Congressional, State divided into five 573

Divorces, granting of, regulated 30

Dock, E. F. English to build a, at Port Royal city 28

Dogen, Samuel, et al., names changed to Farrow 287

Dolin, M., to redeem forfeited lands 475

Drainage, Commissioners of, for Anderson County 622

Dragoons, Sumner Light, incorporated 377

Draymen's Benevolent Association incorporated 341

Druggists, license and registration of. 212

Drugs, vending of, regulated 212

Due West, Erskine College at, charter amended 155

town of, charter amended — 615

Dye, Champion, to erect certain gates 643

INDEX. 33

I'AGE

Eaile's bridge across Seneca River, charter renewed 024

Easloy, town of", iu Pickens County, incorporated 70(>

Ebeuezer Baptist Church incorporated 022

Presbyterian Church incorporated 482

Edgefield Cotton and Woolen Manufacturing Company incor-
porated 416

County entitled to five Representatives 162

Jury Commissioner of, to prepare jury list..r)88, 392

number of Trial Justices in 313

Sherman Rifles of, incorporated 433

Commissioners of, to levy special tax 802

Farmers' Mutual Club of, incorporated o84

Pleasant Hill Baptist Church of, incorporated... 481

Rising Sons of Benevolence of, incorporated ."368

validating payments made by Treasurer of. 621

disposition of special tax in 1021

town of Johnston's T. O. incorporated 883

voting precincts in 839

Cotton and Woolen Manufacturing Company, charter

amended 876

Branch Railroad Company incorporated 630

Edisto, Caw Caw and Waites' Creek Canal Company incorporated. 207

Riflemen incorporated 377

Educational Society, Florence, incorporated 338

Elections, general, Act providing for, amended 170

time of holding 788

constitutional amendment relative to time of",

ratified 4(!7

special, of 1871, payment of Commissioners and Man-
agers of. 291

of incorporated cities and towns, Act amended 817

P^lection of Mayor and Aldermen of city of Charleston 961, 403

to determine subscription to stock of Charleston, George-
town and Conwayboro Railroad 411

in Barnwell County to fix County seat 33."., !»28

Elkins, D. K., certain ferry vested in 684

Elliott Republican Club incorporated .")83

English, E. F., to build dock at Port Royal city 28

Engine Company, Traction Steam, incorporated 158

34 INDEX.

PAGE

Enlow, W. A. and J. D,, names changed to Hann 548

Enterprise Association, of Charleston, incorporated 34

Council, Young Men's Free, incorporated 23

Association, Randolph, incorporated 337

Fire Engine Company incorporated 484

Gas Light Company incorporated 644

Empiricism, to protect against 855

Employees of General Assembly, payment of. 1025

Enumeration of the inhabitants of the State 933

Equalization, Board of, appointment and duties of. 753, 754

Erwin, Daniel, et al., names changed to Anderson 687

Erskine College, charter of, renewed 155

Estates, derelict, administration of 413

Act providing for, amended 954

Escheated property vested in Mary Smith et al. 933

Solomon An maun 881

Exchange and Savings Bank, American, incorporated 562

Executions, Judges of Probate may issue 23

Exchange Company, Charleston Loan and, incorporated 263

Executive Department, contracts for supplies for 958

Fair Association, Orangeburg County, incorporated 157

Company, Darlington Agricultural and Mechanical, incorpo-
rated 327

Fairfield County, ferry in, established 175

number of Trial Justices for 313

time for holding Courts in 325

Commissioners of, to levy special tax 817, 1013

exempt from certain lax 829

places for collection in, designated 019

town of Ridgeway in, incorporated 980

voting precincts in 983

County Commissioners to close certain road in... 948

to erect new jail in 955

Fire Engine Company incorporated 727

Farmers', Laborers' and Mechanics' Land Company incorporated.. 253

and Mechanics' xVssociation, Anderson, incorporated 107

of Richland incorporated... 39

INDEX. 35

PAfii:

Farmers' Buildinj^ imd Loan Associatinii, charter aiiit'Tidcil .';.")!

Mutual Club iucorporated •">''^4

and Planters' Savings and Loan A.^.-^ociatioii incorpoiiitcd •'»2<»

Farmer, C. Baring, appropriation for extra scrvico."^ of. <S13

Farrow, Samuel, name changed 2^7

Fathers empowered to legitimize certain children 1(!2

Fayetteville and Florence Railroad incorp(»ratcd 022

Fees of County Auditors for licenses 202

Clerks of Court for taking testimony 41

Land Commissioner, relative to 2;]9

Phosphate Inspector lOd

pilots for piloting vessels 58

SherifFs for setting off homesteads 2.'»0

Clerks of Court o-So

Constables ;:i8f)

Coroners -587

jurors o88

Notaries Pnl)lic 3S7

Physician o^i)

Probate Judges '-I84

Sheriffs o6S

Tri al Justices 386

witnesses 387

Probate Judges, Clerks of Court, &c 603

Female College, S[)artanburg. incorporated 8S

Walhalla, incorporated '^4

Fence law for Anderson County <>-j4

Ferguson, Charles M., may adopt Lee Abrams et al. ami change

their names 72

Ferry ('ompany. Mount Pleasant, charter of modified -')-i

and Sullivan's Island, charter

amended 014

Sullivan's Island, incorporated 2)2

to build wharf at Cove of

Moultrieville 484

lV\g House, over Beaufort River, chartered 110

Bonneau's, flat to be placed at o3

Combahee, rechartered ^1

in Fairfield County established 1 < •>

Peay's, charter renewed 20;;

Strawberry, charter renewed 14

Ashford's, rechartered 370

36 INDEX.

PAGE

Ferry from Hamlin's wharf, charter amended 351, 730

across Broad River established 605

Corabahce River, relative to 720

Santee River established 665

Stouo River established 684

Friendly, established 684

public, in Williamsburg County, established 662

Sand Bar, charter renewed 504

Sanat's, charter renewed 791

Swanzey's, charter renewed 555

Sullivan's, charter renewed 583

Togiio Company incorporated 590

White Hall, rechartered 523

charter amended 924

Sand Bar, charter amended 861

across Waccamaw, in Horry County 899

Ferries, law relative to, amended 898

Fertilizer Company, Charleston, incorporated 681

Commercial, manufacture and sale of, regulated 33

Fields, John, to redeem forfeited lands 477

Financial Agent, settlement of claims of 277

Board to adjust and settle claims of Financial Agent.... 278

affairs of Charleston County, investigation ot 1019

Sumter County, investigation of 1002

Barnwell, County Commissioners to investigate. 805
Clarendon, County Commissioners to investi-
gate 820

Fire and burglar-proof doors, State Treasurer to purchase 287

Fire Engine Company, Cheraw, incorporated 51

Hope Steam, charter renewed 146

Mountaineer, incorporated 12

Palmetto, charter renewed 29

Star, incorporated 135

Florence Independent, incorporated 367

Camden Independent, incorporated 698

Congaree, incorporated 507

Enterprise, incorporated 484

Fairfield, incorporated 727

[Fire engine companies of Charleston, charters amended 340

Firemen's Union, incorporated 143

Fish, migratory, better protection of ■, 190

Flat at Bouneau's Ferry 53

INDEX. 37

PAGE

Floating Dry Dock and Marine Railway Company, charter re-
newed oo3

Florence Educational Association incorporated .338

Independent Fire Engine Company of, incorporated 367

Rainey Hook and Ladder Company of, incorporated 727

Flood. P. C, to erect certain gates 945

Ford Ritiemcn, of Cliarleston, incorporated 3H7

Fordham, I. Hammond, time in which to qualify extended 1020

Forfeited lands, E. W. Brady to redeem 474

David Cook to redeem 47]

John Fields to redeem 470

Thomas Greenshaw to redeem 470

D. P. Johnson to redeem 475

^Irs. M. A. McLaugldiu to redeem 475

M. Doliu to redeem 475

James Phillips to redeem 4fi9

Francis McQuirk to redeem 474

Mrs. H. A. Randolph to redeem 462

John J. Roach to redeem 470

Thomas Sandsberry to redeem 470

Edward R. Arthur to redeem 1009

J. S. and L. Bowie to redeem 1001

Charleston Library Society to redeem 1005

John B. Goodwin et al. to redeem 1007

John Kates to redeem 1002

Susan E. Mcllwain to redeem 1003

Eliza Seabrook to redeem 1008

Joseph Taylor to redeem 804

D. M. Hemmingway to redeem 494

T. H. Cook to recover , 651

Comptroller to recover certain 493

to provide for the redemption of 539

redemption of, Act providing for, amended 902

Fort Mills, village of, incorporated 331

Motte, town of, incorporated 963

Fra/.ee, P. F., payment of claims of, appropriation for 808

Friendly Ferry chartered 684

Friends of Temperance, State Council of, incorporated 54H

Frog Level, town of, incorporated 89

name changed 365

Funded debt, sterling, Act creating, repealed 193

38 INDEX.

PAGE

Funds, school, concerning 353

disbursement of, by public officers 692

Cx.

Gadsden, Union Literary Club of, incorporated 265

Gaffney City, town of, incorporated 860

Gap Creek Turnpike, Greenville and, incorporated 426

Gas Light Company, charter renewed 730

Enterprise, incorporated 644

Garity, W. C, to establish wharf at Mathew's Point 259

Garrison Light Infantry incorporated 365

General Assembly, payment of members (1) ' 1

payment of members (2) 35

payment of members (3) 87

payment of members (4) 290

appropriation for payment of (1) 307

appropriation for payment of (2) 321

appropriation for payment of last 464

providing for expenses of extra session of. 491

regulating pay of attachees of 700

appropriation for pay of members of 821

appropriation for pay of employees of 1006

regulating compensation of members of 973

pay of members of next 216

General, Assistant Adjutant, office of, abolished 32

elections, Act providing for, amended 170

time of holding 788

license law, repealed..., 308

Statutes, approved and adopted 37

Chapter 17, Sections 98, 99 and 100, amended,
relating to holders of insurance

policies 843

18, Sections 19, 39, amended, relating
to boundary line between Lancas-
ter and York 425

25, Section 45, amended, relating to

Trial Justices 420

45, Section 17, amended, relating to

persons liable to road duty 378

INDEX. 39

PAGE

General Statutes, Chapter 45, Section 25, amended, relating to

persons liable to road duty 378

50, Section 4, aiuciided, rclatiu'^ to Sea

Island in Boaufort 40<)

G2, Section 6, amended, relating to li-
cense of insurance companies 3G4

83, Sections 5, 6 and 7, repealed, re-
lating to inheritance of property
by aliens 324

103, Section 12, amended, relating to vio-

lation of certain contracts 314

104, Section 7, amended, relating to Su-

preme Court 441

8, Section 1, amended, relative to time

of holding general elections 788

12, Section 72, repealed, relative to no-

tice of per centum of taxation to
County Auditors 479

13, Section 56, amended, relative to

bonds of County Treasurers 507

19, Sections 23, 25 and 27, amended,

relative to duties of County Com-
ndssioners 689

20, Section 52, amended, relative to

sales by order of Court C99

25, Section 25, amended, relative to

qualification of certain jurors 525

25, Section 2, amended, relative to

Trial Justices 588

26, Section 2, araetided, relative to

Constables., 512

42, Section 32, amended, relative to

South Carolina University 487

45, amended, relative to highways and

bridges 784

85, Section 2, relative to distiibutive

siiare of deceiised brother or sister.. 69S
90, Sectioa 3, amended, relative to pa^'-

nieut of debts of deceased per-

eoos C09

1)9, Section 2, rei)eiiled, relative to di-

V orces^ tJ i • 9

40 INDEX.

PAGE

GeueralStatutes.Chapter 111, Sections 14,21 and 3"), amended,

relative to drawing juries 485

122, Section 25, amended, relative to

time of holding Courts 506

131, amended, relative to Circuit Soli-
citors 480

133, Section 3, amended, relative to pun-
ishment of the crime of bigamy.. 603
25, Section 2, relative to Trial Justices,

amended 900

45, relative to highways and bridges,

amended 955

47, Section 14, relative to ferries, amend-
ed 898

111, Section 3, relative to juries, amend-
ed 1006

122, Section 148, relative to trial of civil

actions, amended 913

136, Section 1, relative to civil rights,

amended 897

145, Sections 4 and 12, relative to State

Penitentiar}', amended 965

125, relative to legal notices, repealed.... 867
Title V, Part III, relative to Code of Procedure,

amended 868

Chapter 111, Section 3, amended, relating to
preparation of jury lists in certain

Counties 392

120, Section 11, amended, relating to

liens and mortgages 350

George's Station, town of, incorporated 830

Georgetown County, number of Trial Justices, in 313, 900

voting precincts in 983

certain road established in 642

Ebenezer Baptist Church of, incorporated 622

Pee Dee Guards of, incorporated 730

Santee Guards of, incorporated 730

Commissioners of, to levy special tax 426

town of, charter amended 15, 927

and Conwayboro and Charleston Railroad, incorpo-
rated 149

pilotage regulated at port of. 53

INDEX. 41

PAOE

Georgetown, Act establishing quarantine at, amended W

Star Fire l^ngine Company of, incf)rp()rattd.. l.'.")

Union Savings iJaiik of. clmrtered 140

Young Men's Free Enterprise Council of, incorj)orated. 23

Antipedo Jiaptift Church of, incorporated 43^

C'harleston and Conwayboro Railroad, charter

amended 444

Charleston, and Coinvayburo Kuilroad, certain Coun-
ties may issue and loan bonds to 411

Cypress Company of, inc-orporated 343

pilotage at port of. Act regulating, amended 440

and Northwestern Railroad Company, incorporated..., G94

Stevedores' Association of, incorporated 601

Georgia, Governor to communicate with authorities of 2'S,j

Germania Savings Bank incorporated 670

German Mutual Life Associntion incorporated 940

Rille Club, charter amended 901

School Association incorporated 956

Gethsemane Baptist Church incorporated 257

Gibbs, Peter, et al, charter of White Hall Ferry vested in 523

Glenn Springs Company incorporated 597

Goodwin, Ebenezer, to adopt certain children 317

John B., to redeem certain forfeited lands 1007

Good Tqmplars, Grand Lodge of Independent Order of, incoipo-

rated 711

Good Will Presbyterian Church incorporated 482

Governor to a])point Inspector of Phosphates 104

Trustees South Carolina Agricultural College. 172

sign certain bonds 2>*0

Act authorizing the, to purchase arms repealed 36

to appoint Regents of Normal School :)96

Pilot Commissioners - 440

approve extension of time for collection of taxes 312

audit claims arising under proclamation of July, 1877. 405

Coroners to report to 4;'i9

may offer rewards for (leeing criminals 439

to issue proclamation of election to determine the will of
the people as to the County seat of Biunwill

County 333

member of the Board to award contracts for supplies 9.")0

remove the Deaf and Dumb and

Blind Asvlum 1023

42 INDEX.

PAGE

Governor to appoint Commissioners of Election in Barnwell

County 928

procure sight tor Lazaretto 954

declare office vacant of persons failing to give new

bond 943

issue patents to purchasers of forfeited lauds 904

Gowensville Lodge, A. F. M., incorporated 177

Seminary, of Greenville, incorporated GoO

Graham, town of, incorporated 58.5

Grand Lodge of Abstinence incorporated 436

Division, Sons of Temperance, incorporated 268

Lodge, F. and A. Y. M., incorporated 144

Southern Hotel and Transfer Company incorporated 383

Lodge of Independent Order of Good Templars incorpo-
rated 711

Grant and Wilson's National Guards incorporated 340

Greeley Institute, relative to appointment of Trustees of. 816

Green, T. D., to erect gates in Lancaster County 567

John T., Treasurer, to pay certain money to widow of. 1007

Greenville Mountain Lodge, I. O. O. F,, incorporated 168

Springfield Baptist Church of, incorporated 65

Agricultural and Mechanical Association incorporated. 362

Columbia Baptist Church of, incorporated 358

and Gap Creek Turnpike Company incorporated 426

number of Trial Justices for 313

and Asheville Turnpike Company incorporated 663

AVorkingmen's Society, incorporated 791

County Commissioners of, to sell certain property 588

open a public road 668

relocate certain roads 493

Gowensville Seminary of, incorporated... 650

places for collection of taxes in, indicated 588

State Treasurer to pay Treasurer of, certain

school moneys 810

time of holding Courts in 506

Treasurer of, bondsmen of relieved 619

Commissioners to open a public road 892

reassessment of property in 1020

relative to school appropriations for 1023

voting precincts in 983

and Cumberland Gap Railroad incorporated 937

Street Railway incorporated 879

INDEX. 43

I'AfJE

Greenville, town of, charter nmeiKlct] M96

Greenwood and Aiigii8tii Ilailroad cluirtercd 'iH*

town of, cliarter anieiiili'(] 223

Grimshaw, Tlioman, to redeem certain forfeited lands 476

Guards, Rivers, of Ilarnburf^, incorporated 186

Scott Rifle, of iSumter, incorporated 28

Wilhown National, incorporated 86

Grant and Wilson, incorporated 340

Lincoln Rifle, incorporated 306

Guriipv, Will., fund for relief of 819

Halinn, Francis, to adopt certain persons 548

Hamburg-, Rivers Guards of, incorporated 186

town of", charter amended 48

construction of market in 477

toll bridge across Savannah River at, rechartered 379

Warehouse Company incorporated 534

Farmers' and Planters' Saving and Loan Association of,

incorporated 526

charter of toll bridge at, repealed 963

Harbor Masters to notify masters of vessels against discharging

ballast in stream 424

Harmony Circle, of Charleston, incorporated 328

Hartsville Agricultural Association incorporated 693

Hash, Henry, change of name 323

Hawkins, Joseph, to redeem certain forfeited lands 1007

Health officers, report of. 97

Health and drainage for Anderson County, Commissioners of,

powers and duties <>22

Heramingway, I). M., to redeem certain forfeited lands 194

Hendrix, A., relieved of certain taxes 1U18

Hibernia Mutual Insurance Company incorporated 831

Savings Rank incorporated 842

Highways, public, opened 182

construction and repair of 215

and bridges, relative to, anu'iidcd 7''^4

Surveyor, otlice of, abolished 21')

Hilton Head, (luarantine at 9(5

Hodges, town of, incorporated 329

44 INDEX.

PAGE

Holidays, certain, declared legal 933

Homestead to beset otr. 300, 229

value of 370, 229

of widows and minors 371, 231

compensation of appraisers of .373, 232

Act relative to, amended 589

Home Insurance Company, charter renewed and amended 554, 480

amended 914

Honea Path, town of, charter amended 16

Hook and Ladder Company, No. 3, of Charleston, incorporated... 115

Pioneer, incorporated 401

Truck, Phanix, incorporated 339

Aiken, incorporated 727

Rainey, incorporated 727

Tilton, incorporated 727

Hope Steam Fire Engine Company, charter renewed. 146

Horry County, Commissioners of, to levy a special tax 344, 711

number of Trial Justices for 313

time for holding Courts in 325, 537, 706

certain charter in, vested in Isaac G. Long, amended 504

H. L. Buck of, relieved of certain taxes 1017

William L. Buck of, certain ferry vested in 899

town of Port Harrelson, incorporated 835

voting precincts in 1007

Horse Railroad Company, Beaufort, incorporated 152

Hospitals, &c., exempt from attachment, levy and sale 686

House, Big, ferry chartered 119

Powell and Jessie, legitimized 311

of Representatives, appropriations for debts for fitting up... 465

of Refuge and Industrial School, establishment of 502

Howie & Allen, appropriation to pay claims of. 814

Huntoon Chemical and Soap Company incorporated 6

Hunter's Church, Baptist, incorporated 486

Huspah Baptist Church, in Pickens County, incorporated 359

Hutchinson, Samuel, to adopt Mary S. Reed 491

Ill treating of apprentices, idiots, &c., punishment for 704

Imbeciles, County Commissioners to remove from Asylum 67

Improvement Company, Beaufort Manufacturing and, incorpo-
rated 113

INDEX. 45

TACK

1 11 fan try, A ikon T>iL'lit, iiicorpDratod 123

Carolina Li,ij;lit, incDrporiitciI '-06

Mi-sliaw Light, incorporatetl 1-1

Bryan Light, incorporated •!<'>

Garrison Liglit, incorporated •I'''

I^incoln Ijiglit, incorporated -'l-'

Inferior Court for Charleston County established 187, 824

Independent Fire Engine Company incorporated 367

Order of Good Templars, Grand Lodge of, incorpo-
rated "11

Industrial School, House of Refuge and, established •')<»■_'

Inspector of Phosphates, appointment of. 104

Institution, People's Savings, incorporated 24-)

k'uding money and receiving deposits to publish quar-
terly statements 256

Inspector of Timber and Lumber for city of Charleston 589

town and harbor of Port

Royal 592

Insurance Bank, States' Savings and, incorporated 67

companies, duties of Comptroller General in relation to

insolvent 343

license of 364

may deposit United States bonds with Comp-
troller General 343

company, of Charleston, Carolina Mutual, charter re-
newed ■ 480, 578

Home, charter amended 554

Savings Bank and Trust, Southern 685

Hibernia Mutual, incorporated 831

Home, charter amended 914

and Trust Company, Mutual, incorporated 949

companies. Act relative to deposits by, repealed 969

policies, rights of married women under 865

Intoxicating liquors, regulating sale of. '^'

Irish Riile Club incorporated 310

Volunteer Kiile Club incorporated 320

Jackson, Kate, legitimized ^'^

Jail at Blackville, County Commissioners of Barnwell to build 50

Jail in Fairfield County, construction of. 955

46 INDEX.

PAGE

Jeunings, L. J., relieved from pa_vment of certain taxes 1016

Jockey Club, Columbia, incorporated 139

charter amended 944

Aiken County, incorporated 728

Cam den , i ncorporated 772, 647

South Carolina, incorporated 728

Joint Stock Company, Charleston, incorporated 103

Land and, incorporated 191

established 258

and Loan Association of Darlington, incor-
porated 240

Sumter, incorpo-
rated 227

South Carolina Eeal Estate and, incorpo-
rated 192

State Auxiliary, incorporated 345

Johnson, D. P., may redeem forfeited land 475

Johnson Turnout, town of, incorporated 833

Jones, T. J., Tynell and Ida Willard made legal heirs of. 157

Journeymen Mechanics' Union, incorporated 112

Judge of Criminal Court of Charleston, election of. 187

Probate may issue execution 23

Judicial and Election County, Act establishing, amended 162

Juror's certificate, buying or shaving of, prohibited 153

Jurors, pay of.., 388, 608

Jury lists, law relative to drawing of, amended 1006

Board of Jury Commissioners to prepare '.638, 393

Juries, Act relative to drawing of, amended 485

Kates, John, to redeem forfeited lands 1002

Keepers of Lunatic Asylum and Penitentiary exempt, &c 232

Kershaw County, erection of bridge over Wateree River in 44

town of Camden in, charter amended 97

Commissioners of, to levy a special tax 802

certain persons to erect gates in 643

voting precincts in 984

Kingstree, Mt. Zion ]M. E. Church of, incorporated 88

village of, charter amended 587

Kershaw and Chesterfield Counties, roads in, established 458

INDEX. 47

PAOK

Kershaw County, Commissioners of, to levy a special tax 404

numhor of Trial Justices for 31.'1

David Cook of, to redeem forfeited laiul 471

I). 1*. Joliiiston of, to redeem forfeited land 47'*

.Idliii .). Roach of, to redeem forfeited land 470

King's Mountain Railroad, consolidation of. ZUn

Kirhy's Cross Roads recliartered 4H2

Koou, Jacob, et al., named changed to Rawls ^•'^O

Kressell, Wm., to build a dock in Beaufort oo4

Kingstree, Rifle Guards of, incorporated .'KiO

!Mt. Zion Cemetery of, incorporated Ii.58

Pioneer Hook and Ladder Company of, incorporated... 401

Knox's Bridge, over Tugaloo, rechartered 353

Laborers on plantations, issuing checks to, regulated 216, 899

and Mechanics' Land Com[)any incorporated 253

Ladies' Branch Society incorporated 578

Lancaster and Camden Railroail Company chartered 204

Riflemen incori)orated 1S4

town of, charter amended Ill

and York Counties, relating to boundary of 425

County Commissioners of, to levy a special tax 344

number of Trial Justices for 313

time for holding Courts in 655, 325

Commissioners of, to levy a special tax 1019, 808

village of, charter amended 597

County, voting precincts in 9S4

Langley, L. S., State Treasurer to pay S132 to 292

Land, redemption of, sold by Gen. Canby..... 45

Commissioner, office of, abolished 49

relative to fees of. 239

and Joint Stock Company of Charleston incorporated 191

established 258

Provident and Real Estate Company, incorporated 85

Commission, postponing payment on lands purchased for 804

and Joint Stock and Loan Association of Clarendon incor-
porated (ICO

and Lumber Company, Palmetto, incorporated 648

48 INDEX.

PAGE

Laud owners, for better protection of. 844, 788

Laud Purchasing Association of Chester incorporated 653

sales, extending time for holding delinquent 93G

redemption of forfeited 902

Langley Manufixcturing Company, charter amended 963

Laurens and Asheville Railroad Company incorporated 269

Laurensville, village of, charter repealed 259

and Asheville Railroad, charter amended 363

County, Clinton Presbyterian Church in, incorporated, 359

number of Trial Justices for 313

time for holding Court in -656, 326

Commissioner of, to levy a special tax. ...908, 807

Laurens, town of, incorporated 524

County, voting precincts in 984

Law, general license, providing for 195

repealed' 308

Lawson, Samuel, change of name 311

Lawton, James M., to erect certain gates in Lexington County 692

Lazaretto, purchase of site for 954

Legitimizing certain children by last will and testament 162, 183

Legal process, regulating service of 640

on express companies and rail-
roads 705

holidays, certain days declared 933

proceedings to be instituted by Attorney General 820

Legitimacy, rights of, conferred on sons of Jesse House 311

Lewisville, town of, incorporated 351, 73

Leesville, town of, incorporated 850

Lexington County entitled to two Representatives 162

Red Bank Manufacturing Company of, incor-
porated 116

erection of gates across State road in 472

number of Trial Justices in 313

number of Trial Justices in 588

places of collecting taxes in 588

Saluda Manufacturing Company in, incorpo-
rated 597

town of Leesville in, incorporated 850

number of Trial Justices increased in 900

voting precincts in 984

County Commissioners of, to prepare jury lists.. 392

INDEX. 49

Lexington County, County Comniissiouers of, to cliaiigc course of

road 007

act giving power to,
to change course of

road repealed 800

to pay certain claims. 883
to open public high-
ways 1018

St. Andraw's Lutheran Church of, incorporated 102

Lenoir Narrow Gauge Railroad, Chester and, incorporated 393

Letters of administration in derelict estates 413

Library, State, statutes to be deposited in 283

Apprentices', of Charleston, charter renewed 374

License law, general, provided for 195

of pharmaceutists, apothecaries and druggists 212

and sale of intoxicating liquors, powers of, conferred on

County Commissioners 13'J

of insurance company 304

law repealed 308

Lide, Celia and Silas, legitimized 090

Life insurance policies, protection of rights of married women

under 865

Lien law, (see Laud Owners.)

Liens, penalty for selling property on which liens exist 332

Light Infantry, Aiken, incorporated 123

Carolina, incorporated 110

Lincoln, incorporated 206

Mishaw, incorporated 121

Light stations, relinquishment of rights for 308

houses, submarine, sites for 790

Lincoln Light Infantry incorporated 319

Rifle Guards incorporated 306

Liquors, regulating the sale of intoxicating 797

Liquor licenses, appropriation of revenue IVom 830

Little River, Pilot Commissioners for 440

and Cheraw Railroad, certain Counties to issue and

loan bonds to 509

Canal Company, Waccamaw and, charter amended... 178

Lisbon, village of, chartered 2-)0

Little River and Cheraw Railroad Company chartered 117

Rock, town of, incorporated 130

50 INDEX.

PAGE

Loan Association, Mechanics' and Farmers' Building and, chartered. 440

charter amended 351

Spartanburg Building and, incorporated 459

Charleston, incorporated 166

Citizens' Building and, incorporated 248

Darlington Land, Joint Stock and, incorporated. 240
Mechanics' and Farmers' Building and, incor-
porated 39

Mechanics' Building, Trust and, incorporated... 209

Relief, charter renewed 32

renewed, charter amended 239

Sumter Land, Joint Stock and, incorporated 227

and Exchange Company incorporated 263

Lodge, Grand, F. and A. Y. Masons incorporated 144

Gowensville, A. F. Masons incorporated 177

Marion, No. 2, I. O. O. F., charter renewed 268

Mountaineer, I. 0. O. F., incorporated 168

of Abstinence incorporated 436

Logan, Aaron, et al, to build wharf at Cainhoy 586

Lone Star Debating and Charitable Club incorporated 690

Long Cane Manufacturing Company incorporated 599

Long, Isaac G., charter vested in, amended and repealed 504, 569

Longshoremen's Protective Union Association incorporated 586

Love and Good Will Society incorporated 490

Lowndesville, town of, charter amended 234

Lunatic Asylum, imbeciles to be removed from 67

keepers and employees of, exempt from certain

duty 232

Lutheran Church of Orangeburg incorporated 490

Lyles, Isabella C, made lawful heir 317

Lynch's Creek, construction of bridges across 440

Male Academy, Pendleton, charter renewed 46

Walterboro, charter renewed 29

Managers of general elections, when to count the votes 170

special elections of 1871, payment of 291

Manufacture and sale of fertilizers recrulated 33

INDEX. 51

rA<;K
MaDufacturiiig Jiiid Iiuprovciiieiit Company, Iieaur(jrt, incorpo-
rated ]i:i

Red liiiiiU Coinpuiiy, incorporated IKJ

Company, Kdgclield, incorporatt'«l 410

Y<jrk, incorporated 4H1

Aiken, incorporated 70!)

'Colleton, incorporated (!•»<}

Congaree, incorporated 7>^(i

Long Cane, incorporated o'.CJ

Orangeburg, incorporated 027

Piedmont, incorporated o42

Raemont, incorporated 0;>">

Saluda, incorporated .ji)7

Southern, incorporated 071)

Edgefield Cotton and Woolen, charter

amended ^76

Langley, charter amended 902

Railroad R(;Hing Stock, incorporated.... 'J.40

Manning, African Methodist Episcopal Church at, incorporated... 379

Manufactories, aid and encouragement of. 513

Marion County, Little Rock in, incorporated 330

Mullins in, incorporated 98

Treasurer of, relieved of uncollected taxes 288

Commi.«sioners of, to levy special tax 3-14

number of Trial Justices for ...^... 313

Centenary Church and Camp Ground of, incorpo-
rated 633

Kirby's Cross Roads in, incorporated 482

Raemont Manufacturing Company of, iucorpo-

ratcd 035

regulating assessn)ent of taxes in 598

time of holding Courts in 706

Treasurer of, to pay out certain moneys pro rata., 811

voting precincts in 984

town of, charter renewed 203

Lodge, No. 2, I. O. (). F., charter renewed 268

town of, charter amended 427

Bank of, incorporated 970

Mariners' Chapel, of Charleston, incorporated 329

Marine Railway Company, Floating Dry Dock and, charter re-
newed , 553

Market house, Town Council of Newberry to erect !>5

52 INDEX.

PAGE

Marlboro County, number of Trial Justices for ,,,,,.,. 813

P. F. Smith' of, to build wharf. 636

time of holding Courts in 705

Marriages, legalizing certain 183

Martin, William N., name of, changed to Davis 64

Aaron, ferry across Santee River vested in 665

Martin's Point, wharf at, established 259

Marlboro County, Commi.>Jsioners to levy special tax 1013

voting precincts in 984

MasoD-s, Grand Lodge of F. and A. Y., incorporated 144

Gowensville Lodge, A. F 177

Maye?, J. A., authorized to sell certain land 285

Mayesville, town of, incorporated 551

^ayor and Aldermen of Columbia to issue and sell certain bonds... 220

Charleston, election of 961, 403

MciB^ride, J. A., executors of, to sell certain land 285

Mc^Bride, IMrs. S. A., invested with certain powers 492

McCarthy, Mary, name changed to McGuinness 687

McCul lough permitted to adopt Joseph A. Stepp 140

McGrejy, Tarleton, relief of 803

McKenzie, S, W., payment of certain moneys to 1017

McLaughlin^ Mrs. M. A. A., to redeem forfeited lands 471

McPherson, James, Jr., change of name 455

McSwain, Susan E., to .redeem forfeited lands 1003

Mechanics' and Farmers' Building and Loan Association of Rich-
land County incorporated 39

Mechanics' and Farmers' Building and Loan Association, Ander-
son, incorporated 107

Mechanics' Institute, South Carolina Agricultural College and,

incorporated 172

Mechanics' Land Company, of Orangeburg, incorporated 253

Mechanics' Union, Journeymen, incorporated 112

Mechanical Association, Greenville Agricultural and, incorporated. 362

Mechanical Association, Pee Dee Agricultural and, incorporated.. 430

FairCompauy, Darlington, incorporated 327

Society, South Carolina Agricultural and, incorporated. 375

Fair Association incorporated 625

Mechanics to sell property left for repair 87<^

Medical Faculty of South Carolina University to license pharma-
ceutists and druggists 212

Melton, C, D., appropriation to pay for legal services of. 815

Members of General Assembly, regulating pay of 216

]NI)J:X. 53

i'A(;k

Memorial of Freedom Publishing Company incorporated o87

Merchants' Building, Trust and Loan Association incorporated 209

Mesne Conveyance ofiice, conveyances in Charleston County to he

reconled in 5

Methodist Church, African, Now Hope, incorporated .'UJl, 379

MiddletoD, A., Combahce Ferry vested in 71

Midway, town of, incorporated 2

public road through town of, opened .'580

Middle Street Sullivan's Island Railroad Company incorporated... 876

MiddletoD, R. J., reissue of State stock to 1008

Mii^ratory fish, better protection of. 190

Militia, Act organizing the, amended .']2

Millen Railroad, Yemassee and, charter amended 70

Militia, organization and government of. 712

^Military companies, granting of charters to certain, prohibited 935

Mining Company, South Carolina Planting, Real Estate and, in-
corporated 28 1

Mining and Manufacturing Company, Charleston, to build railroad. i)20

Mishaw Light Infantry incorporated 121

Zouaves incorporated 730

Montgomery, S., State Treasurer to pay salary of, to widow 21)0

Sampson, et al., names changed to Giles , 687

Moneys, public, disbursement of, regulated (192;

officers to turn over to successors 074

Monthly statements. State Treasurer to publish 804

Moody, Caroline K., e< a/., legitimized 913

Mordecai, F. Moultrie, empowered to practice law 4'^1)

Moses, Horace, ci al., uanies changed to Horley 817

Mount Bethel Church incorporated 273

Pleasant Ferry Company, charter repealed 2o3

town of, charter amended 1M2

Rille Guards incorporated 729

and Sullivan's Island Ferry Company, charter

amended 914

ZioM M. K. Church incorporated tS,s

Cemetery Company, of Kingstree, incorporated 358

Carniel Methodist Church incorporated 796

Mountain Loiige, I. O. O. F., incorporated 168

Mountaineer Fire Engine Company incorporated 12

^loultrievillc Railroad incorporated 4.15

town of, charter amended

Mullins, town of, chartered 98

54 INDEX.

PAGE

Murray, E. B., empowered to practice law 568

Mutual Insurance and Trust Com[)any

Life Association, German, incorporated 040

Hibernia, Insurance Company incorporated 831

Aid Association Society incorporated 585

Insurance Company, Carolina, charter amended 480

National Cemetery ceded to United States 312

Guards, Grant and Wilson, incorporated.... 340

Zouaves, of Charleston, incorporated 318

Guards, Willtown, incorporated 86

Navigable streams, obstruction of, penalty for 424

Navigation Company, Stevens' Creek, incorporated 450

Nazareth Presbyterian Church incorporated 122

Newberry County, Church of Smyrna in, incorporated 72

Commissioners of, to build bridge over Tyger

River 694

time for holding Courts in 326, 656

Treasurer to pay out money, 811

and Augusta Railroad incorporated 792

Town Council of, to erect market house 95

Cotton Mills incorporated 428

and Chester Railroad incorporated 434

County Commissioners of, to levy a special tax 344, 915

number of Trial Justices for 313

time for holding Courts in 326

voting precincts in 984

Nelson's Ferry, road leading from, a public highway 422

New Bethany Church, of Laurens, incorporated 274

Hope Church, of Laurens, incorporated 274

Judicial and Election County established 162

Hope Methodist Church incorporated 361

Prospect Baptist Church incorporated 361

Northwestern Railroad, Georgetown and, incorporated 694

Ninety-Six, town of, incorporated 242

Nicol, Davidson & Co., payment of claim of 465

Newspaper claims for publishing laws 463

New York, Norfolk and Charleston Railroad, construction of. 443

Nichols, town of, incorporated 381

INDEX. 55

PAGK

Non-payment of taxes, purchasers of lands for 3()!J

Norfolk and (/liarlestoii Railroad, New York, incorporated 44:5

Normal School, State, establishment of. .*]'.»(;

Notaries Public, fees of. ;!.S7

Norton, Joseph J., title to lot in Ocom-e County confirmed in I."!

Obstruction of navigable streams, penalty for 4'24

Oconee County, action of County Commis.sioners confirmed 13

Thomas Grimshaw to redeem forfeited lauds in 47G

number of Trial Justices for 31'}

Ravenel's Bridge in, rechartered 349

places for collection in, designated 589

Seneca City in, incorporated.. 6;)4

time for holding Courts in 50(i

Oconee and Pickens, constitutional amendment relative to

boundary line between 494

Oconee County boundary line, adjustment of. 1014

drainage in 849

law relative to highways and bridges in, amended. 955

town of Westminster in, incorporated 926, 9G3

voting precincts in 984

Office of Agricultural Commissioner abolished 34

Assistant Adjutant General abolishe<l 33

Land Commissioner 49

State Auditor I,s9

Officers of incorporated cities and towns, election of 317

salary of certain 458

State and County, when to report 457

rpialify 322

time to qualify extendeil 322

public disbursement of funds by (i92

to turn over moneys to successors G74

and offices, relative to 877

Official bonds, relief of sureties on 942

Ohlandt, John Eider, to buihl dock in Beaufort 533

Oil Company, Carolina, incorporated 51

O'Neall, James McP., change itf name 455

Orangeburg, Cain Rifle Guards of, incorporated 737

56 INDEX,

PAGE

'Orangeburg, Farmers', Laborers' and Mechanics' Land Company

of, incorporated 2o3

County Fair Association incorporated 157

Lutheran Church of, incorporated 490

Manufacturing Company incorporated 027

town of Fort JNIotte in, incorporated i)63

entitled to five Representatives 162

and Barnwell, road in, established 38

road in, declared public 269

town of, charter amended 83, 272

County, E. B. Braddy of, to redeem forfeited lands 474

M. Dolan of, to redeem 475

Commissioners of, to levy special tax 344

number of Trial Justices for 588, 313

public road opened in 098, 427

St. Matthew's Evangelical Church, charter

renewed 364

Cain, E. J,, Sheriff of, to give new bond 801

McGree, Tarton, relief of. 803

time of holding Courts in 655

voting precincts ib 984

time for holding Courts in 655

Commissioners to levy special tax 1015

Orphan Asylum^ Joint Stock Company for benefit of, incorporated.. 103

purchase of site for 477

removal of. 1013

Orphans and widows of persons killed because of opinions, relief of.. 206

Orphan Home, Carolina, established 391

Pacolet Baptist Church incorporated 727

Palmer, A., appropriation to pay claims of 814

Palmetto Land and Lumber Company incorporated 648

Palmetto Light Infantry incorporated 730

State Rifle Club incorporated 317

Tramway and Steam Mill Company incorporated. 418

Fire Engine Company, charter renewed 29

Oil and Grease Company incorporated 893

Palmer, William George, et al., names changed to Garrison 910

Pay of members of General Assembly regulated 216

INDEX. 57

PAGE

Peay's Fcny over Waterce River, charter renowct] 203

Pee Dee Agricultinul mid Mechanical Association incorporated.... 4.'iO

Guards ill corpora ted 7'}0

Yotiiii; Mcn'.s riaiiting Club incorporated 529

Pendleton Male Acailcmy, cliartcr rcncucd 46

town of, charter renewed 178

Penitentiary, keepers and employees of, exempt from certain duties. 2'i'2

labor of convicts in, regulate<l 3!>

school in, established 211

regulating labor of persons confined in <">01

State law relative to, amended 065

People's Savings Institution incorporated 245

Accommodation Railway Company incorporated 571

Building and Loan Association incorporated G(jG, 587

Bank of South Carolina, charter amended 960

Pharmaceutists, license and registration of. 212

Persons, punishment of, for selling property on which a lieu exists

without giving notice 332

Perpetuation of testimony in regard to papers lost by fire in Abbe-
ville 451

Persons killed because of political opinions, Act relative to, amended 089

Petty Rifle Club incorporated 582

Phillips, James, heirs of, to redeem forfeited lands 469

Phosphates, Inspector of, appointment and duties 104

Phoenix Hook and Ladder Truck Company incorporated 339

Phosphate River Mining Company, Boatman's, incorporated 530

Company, Stono, incorporated 976

Physicians, fees of, for post mortem examinations 008

fees of, for pod mortem examinations 389

Pickens, town of, charter amended 116

and Oconee, boundary line I)etween, constitutional amend-
ment relative to 494

County, time of holding Courts in • 506

town of Easley in, incorporated 706

adjustment of boundary line of. 1014

A. Hendrix relieved of certain taxes 1018

drainage law in 849

law relative to highways and bridges in, amended. 955

town of Central in, incorporated 910

Treasurer to attend at certain places in, for the

collection of taxes 972

Treasurer to pay p;lst indebtedness oi'. 863

58 INDEX.

• PAGE

Pickens County Cross Roads Baptist Church in, incorporated 360

number of Trial Justices for 313

voting precincts in 985

Piedmont ^lanufacturing Company incorporated .542

Pilotage regulated 53

Act regulating, amended 440

Pilots to notify masters of vessels not to obstruct navigable streams.. 424

Pioneer Hook and Ladder Company incorporated 401

Pipe Creek Baptist Church incorporated 628

Planters' Republican Society incorporated 536

and ^lechauics' Bank, charter amended 966

Plasterers' Link, Brick Masons and, incorporated 586

Plantation checks, regulating issue of. 899

Planting and Mining Company, South Carolina Real Estate, incor-
porated 281

Piatt, Judge, State Treasurer to pay salary of, to widosv 288

Pleasant Hill Baptist Church incorporated 481

Poll tax, to enforce payment of. 357

Poisons, drugs and, vending of, regulated 212

Poor houses, imbeciles to be removed to 67

in Charleston County, erection of. 642

poor farms, &c., exempt from attachment, levy and

sale 686

Porcher, R. S., State Treasurer to reissue stock to. 286

Port Royal city, E. F. English to build dock at 28

Railroad Company, Bull River and, incorporated 153

Spartanburg and, incorporated 210

and Charleston Railroad, Anderson, Aiken, incor-
porated ; 636, 401

Ports of Charleston, Georgetown and Hilton Head, pilotage regu-
lated at 53

Pope, J. D., appropriation to pay for legal services of 815

Port Harrelson, town of, incorporated 835

Port Royal Railroad Rolling Stock Manufacturing Company in-
corporated 946

D. F. Appleton to erect wharf at 646

Dock, Warehousing, Transportation and Banking

Company incorporated 549

Inspector of Timber and Lumber for port and harbor of 592

Longshoremen's Protective Association of, incorporated 586

town of, incorporated 616

INDEX. 69

PAfiE

Presbyterian Clnirch at Ahltcville incorporated 419

Calvary incorporated .'580

» Clinton incorporated ;5o9

Nazareth incorporated 122

Salem incorporated 2G7

Smyrna incorporated 72

Wateree incorporated 207

Press Union Laborers' Association incorporated ()72

Prevention of Cruelty to Animals, Society for, incorporated 626

Price, Thomas \V., <fe Co., payment of claims of 1005

Printiiij;; Company, Repiihjican, to republish certain statutes 283

claims, payment of. 46.3

current, appropriation for ;>21

for ex|)enses of. 4^2

pul)lic, regulated 707

Prioleau Rifle Club incorporated 691

Probate Judges may issue executions 23

duties of, in regard to derelict estates 413

setting off homesteads 373

fees of. 603, 384

jurisdiction of. 494

Procedure, Code of, Section 279, amended 12

Sections 3:}0 and 310, amended 190, 194

sundry Sections of, amended 146

Title V of, amended 495

amended 868

Process issuing from Supreme Court, regulating 353

legal, service of 040

on railroad and express companies 705

Property, aliens authorized to hold 487, 73

assessment and taxation of, Acts amended 163

Act providing for 7.)1, 979

left for repairs, mechanics to sell 878

liable to escheat vested in certain persons 881, 933

personal, removal or secretion of, punishment for 488

assessment of real, in 1S73 427

Aiken County 421

penalty for selling, on which liens exist ;!:}2

Prosperity, town of, change of name :;65

Protection and preservation of useful animals. Act relative to,

amended •. 441

of religious worship 3.j2

60 INDEX.

PAGE

Prosiject Baptist Church incorporated 273

Provident Land and Real Estate Company incorporated 85

Pruitt, William H., legitimized 921

Public officers, rej^ulating disbursements of funds by 692

debt, volume of, reduced 518

officers to pay over moneys to successors 674

road in Colleton, relative to 902

Fairfield closed 892

Greenville opened 892

highway in Richland County reopened 185

Act providing for construction of, amended 215

road in Barnwell and Orangeburg established 38

Orangeburg County reopened 269

Publication of legal notices, law relative to, repealed 867

monthly statements by State Treasurer 864

Purchasers of land fur non-payment of taxes to put in possession.. 369

Quarantine, Act establishing, amended 96

Quartermaster General, duties of, devolved on Adjutant and In-
spector General 33

Qualification of County officers, relating to 322

State officers, relating to 322

time for, extended 322

Quarterly statements, institutions lending moneys and receiving

deposits to publish 526

Quirk, Mrs. Frances Irene, to redeem forfeited lands 474

Raemont Manufacturing Company incorporated 635

Railroad Company, Beaufort Horse, incorporated 152

Big Bay and Adams Run, (narrow gauge,) in-
corporated 169

Blue Ridge, liability of State on bonds of, re-
lieved 79

Bull River and Port Royal, incorporated 153

Charleston, Georgetown and Conwayboro, in-
corporated 149

INDEX. 61

PAGE

Railroad Company, Columbia, Walt^rboro ami Yemassee, charter

amended 70

Greenwood and Au^^iista, incoif)oratr(i lilG

Lancaster and Canidcn, charlertMl 204

Laurens and Aslievillo, incorporated 269

Little River and Cheraw, chartered 117

Raleigh, Columbia and Augu-sta Air Line, in-
corporated 108

Spartanburg and Aiken, inc(»rporated 17<5

Port Royal, incorporated 210

Yemassee and Millen, charter amended 70

Auderson, Aiken, Port Royal and Charleston,

i ncor porated 401

Anderson, Aiken, Port Royal and Charleston,

charter amended 636

Beaufort Horse, charter amended 424

Charleston, Georgetown and Conwayboro,

charter amended 444

Charleston, Georgetown and Conwayboro,

certain Counties may issue and loan bonds to. 411

Cheraw and Chester, incorporated 442

Chester and Lenoir Narrow Gauge, incorpo-
rated 393

Moultrieville, incorporated 435

Newberry and Chester, incorporated 434

New York, Norfolk and Charleston, incorpo-
rated 443

Spartanburg and Aiken, charter amended 422

Laurens and Ashevillo, charter amendeil 363

Spartanburg and Asheville, incorporated 346

Winyaw Day and Santee, incorporated 431

Charleston and Sullivan's Island, incorporated. 670
Cheraw and Chester, certain Counties to issue

and loan bonds to 668

Edgefield Branch, incorporated 630

Georgetown and Northwestern Narrow Gauge,

incorporated 674

Little River and Cheraw, certain Counties may

issue and loan bonds to 564

Newberry and Augusta, incorporated 702

Peoj>le's Accommodation, incorporated 571

Sea Island, iucorporatcd 039

62 INDEX.

PAGE

Railroad Company, Victoria, incorporated 595

Spartanburg and Asheville, cliarter amended.. 540

Ashley River, incorporated 905

Fayetteville and Florence, incorporated 922

Greenville and Cumberland Gap, incorporated. 937

Rolling Stock Manufacturing Company incorporated 946

Spartanburg and Union, tax penalty remitted 1004

Railway Company, Middle Street Sullivan's Island, incorporated... 876

Street, of Greenville, incorporated 879

Rainey Hook and Ladder Company incorporated 727

Randolph Enterprise Association incorporated 337

Mrs. H. A., to redeem forfeited lauds 462

Rantowle's bridge made a public highway..,. 964

Ravenel's bridge rechartered 349

Real estate, conveyances of, recording of 5

and Joint Stock Company, incorporated 192

Provident Land and, Company, incorporated 85

Planting and Mining Company of South Carolina 281

and Building Association, Aiken, incorporated 336

reassessment of, in 1874 819

Reassessment of real estate in Greenville, providing for 1020

Rebellion, debts incurred in aid of, abrogated 421

Records lost b}' fire in Abbeville, method of supplying 451

school, uniform system of, provided for 186

Red Bank Manufacturing Company incorporated 116

Redemption of lands sold by Gen. Cauby 45

certain claims 997

forfeited lands 902

Reedy River Baptist Church incorporated 184

Reevesville, town of, incorporated 900

Referees, appointment of, in obtaining right of way 42

stricken out of Section 310, Code of Procedure 194

Supreme Court may appoint 314

Refulgent Society of Columbia incorporated 342

Reform Appollo Society incorporated 480

Refuge, House of, and Industrial School established 502

recorded in office of. 5

Regents of Normal School, appointment of, and duties 396

Reidville High School, selling of liquor in vicinity of, prohibited... 848

Trustees of, charter amended 860

IXDKX. 63

PAGE

Relief Loan Association of Charleston, cliartcr revived 32

renewed charier anu'iKieij.. 2.'{9

of certain widows and orphans prfjvidcd for , 206

Religions worship, better protection of 002

RelinquishnuMit to United States of sites for light stations .'{08

Repul)li(,'an rrintiii;^ Company to repnblish certain statutes 283

payment of claims of. 4(53

Association, Charleston, incorporated o89

Union Wide Awake, incorporated 585

Club, Elliott, incorporated 583

Society, True Hlue Union, incorporated 689

Reports of State and County officers, when to be made 457

Revenue bond scrip, issue of, provided for 80

Act levying tax for redemption of, repealed... 479

from liquor licenses, disposition of. 830

Revised Statutes, Chapter XIX, Sections 23, 25, 27, amended rela-
tive to duties of County Commissioners 589

Chapter CXXXIII, Section 3, relative to punish-
ment of bigamy 603

Richie, Curtis M., and wife to adopt Elmira McNary Sheers, &c... 316

Richmond Guards incorporated 581

Richland County, County Commissioners of, to sell certain lot and

erect court house 107

public highway in, reopened 185

Commissioners to levy special tax 948, 344, 469

number of Trial Justices in 313

Sheriff of, to attend sessions of Supreme Court.. 441

Building and Loan Association incorporated 939

County, Joab to erect certain gates in 972

voting precincts in 985

Ridge, Blue, Railroad Company, liability of State on bontls of, re-
lieved 79

Ridgeville, town of, incorporated 849

Ridgeway, town of, incor{)orated 890

Ridgeville, town of, charter amended 9t)9

Riflemen, Lancaster, incorporated 1>'4

Saxton, incorporated 47

Rifle Club, Irish, incorpnrat cl 310

Vol u n tear, incorporated 'VIO

Palmetto State, incorporated 317

Guards, Lincoln, incorporated 366

64 INDEX.

PAGE

Riflemen Company, Bowen, incorporated 319

Edisto, incorporated 377

Ford, incorporated 378

Wadmalaw, incorporated 377

Rifles, Sherman, incorporated 433

Rifle Club, Petty, incorporated 582

Prioleau, incorporated 691

Weetee, incorporated 581

Right of way, manner of obtaining 42

Rising Sons of Benevolence incorporated 568

Rivers Guards of Hamburg incorporated 186

Road, public, in Barnwell and Orangeburg Counties established... 38

from Binnaker's bridge established 65

in Abbeville County opened 352

Clarendon County opened 422

Colleton County opened 456

Kershaw and Chesterfield Counties established 458

Union County opened 376

Roach, John J., to redeem forfeited lands 470

Rock Hill, village of, charter renewed 90

Rocky Mount Ferry established 177

Rockville, wharf at, established 364

Roman Catholic Church, St. Mary's, charter renewed 238

Rose, E. M., Treasurer of York County, bondsmen of, relieved 287

W. E., appropriation to pay claims of 808

Russell, L. H., and bondsmen relieved of certain responsibility .... 805

Russell, S. D., and bondsmen relieved of certain responsibility 819

Saint Andrew's Lutheran Church, charter renewed 162

Salem Presbyterian Church incorporated 267

Saltkehatchie Swamp, Big, causeway over, established 251

Salary of certain officers fixed 458

Saluda Manufacturing Company incorporated 597

Sales day in Beaufort changed 850

Sales, delinquent land, time of holding, extended 936

Sansberry, Thomas, to redeem forfeited lands 470

Sand Bar Ferry, charter renewed 504

charter amended 861

INDEX. Ofj

I'AfJK

Santee Guards inonr[inrafefl !'.](}

Railroad, Winyaw Bay and, incorporated 4:il

Sarratt's Ferry, charter renewed 7'H

Savings Bank of Aikon incorporated 2^(5

Columbia, Union, incorporated '2')4

Georgetown, Union, incorporated 1 10

Institution, People's, incorporated 24">

and Insurance Bank of Anderson incorporated (17

Bank, American Exchange and, incorporated ')'!2

Carolina, incorporated 077

German ia, incorporated 070

Saxtou Riflemen, of Charleston, incorporated 47

School in Penitentiary established 211

records, uniform system of, provided for IMO

deficiency in, appropriations for, supplied 233

speedy apportionment of, appropriations for 04

Commissioners to select pupils for Normal School 398

districts may subscribe stock in certain railroads 411

funds, concerning 3')3

Commissioners, Charleston, time to qualify extended 854

Reidville High, penalty for selling liquor in vicinity of..... 848

trustees of 860

officers, Darlington 930

claims, payment of past due, provided for 505

Scholarships in South Carolina University established 555

Scott Rifle Guards, of Sumter, incorporated 28

United Blues, incorporated 374

Scranton, town of, incorporated 553

Scrip, Revenue Bond, issue of, provided for 80

Sea Island Railroad Company incorporated 63i>

Seabrook, Eliza Sarah, to redeem certain forfeited lands 1008

Secretary of State, duties of Commissioner of Agriculture con-
ferred on 34

duties of Land Commissioner conferred oa 49

to issue titles to widow of Isaac Cowles 292

required to sign certain bonds 280

to furnish blank charters 5«>2

to give time to settlers on State lands to make

payments 804

to repair State House 812

term of office, constitutional amendment rela-
tive to 800

66 INDEX.

PAGE

Secretary of State to prepare census blanks, &c 934

term of office of 1010

vacancies in office of. 935

Second Coosawhatchie Baptist Church incorporated 331

Secretion of personal property under attachment, punishment for.. 488

Seneca City, town of, incorporated 634

Service of legal process regulated , 640

on railroad and express companies regu-
lated , 705

Settlement of certain claims 997

Shaving of teachers' and jurors' certificates prohibited 153

Sheriff of Richland to attend sessions of Supreme Court 441

relieved of penalty on tax executions 465

Orangeburg County to give new official bond 801

^Sheri^s to receive of plaintiffs compensation in advance 190

set off homesteads 232

duty of, in setting off homestead 370

fees of,., 388

fees of 606

to serve all processes from Circuit and Probate Courts 640

Sherman Rifles, of Edgefield, incorporated 433

Shiver, Henry Hash, change of name 323

Shiloh M. E. Church, charter i-enewed 628

Simpson, Frank, change of name 377

Sinking Fund Commission, Attorney General to prosecure 315

(See Attorney General.) 820

Smiley, James, name changed to Howard 687

Smith, P. T., to build wharf in Marlboro County 636

Sraithville, village of, incorporated 83

Smyrna Presbyterian Church incorporated,..., 72

Soap Company, Huntoon Chemical and, incorporated 6

Society, Sumter Academical, incorporated 193

^ennettsville Academical, charter revived., 6<>

Apprentices' Library, charter amended 374

'Darliug-ton Academical, incorporated 389

> Sopth Ca,rol^n^ Agricultural and Mechanical, incorporated. 375

Union Assembly, incorporated 327

Refulgent, incorporated 342

Societies, agricultural and mechanical, promotion of 414

^ol.icitora to prosecute County Treasurers for failure to report

school funds 353

salary of ,.. ,..,, 458

INDEX. 67

PACK

Solicitors, Circuit, relative to 4^0

fee.s of 008

Sons of Temperance, Gratul Division, incorporated 268

and Daughters, Cane Manuel .Society, incorporated 728

South Carolina Agricultural College incorporated ITJ

General Statutes of, adopted I]7

Real Estate and Joint Stock Company incor-
porated 192

Planting and Mining Company incorporated 281

j)r()posing amendment to Constitution of. 295, 289

Bank and Trust Company, appropriation to pay

claims of. 48o

Jockey Club incorporated 728

Lodge, charter renewed 649

Society for Prevention of Cruelty to Animals

incorporated 626

Jockey Club, charter amended !)44

Mutual Insurance and Trust Company, incorpo-
rated 949

Southern Hotel and Transfer Company incorporated 383

AVarebouse Company incorporated 390

Insurance, Saving, Banking and Trust Company incorpo-
rated 68.5

Manufacturing Company incorporated 679

Spartanburg and Aiken Railroad Company incorporated 176

Female College incorporated 88

Nazareth Presbyterian Church of, incorporated 122

and Port Royal Railroad Company incorporated 210

Aiken Railroad, charter amended 422

Ashevilie Railroad Company incorporated 459

County, New Prospect Baptist Church and High

School of, inc()r|>orated .i()l

nuiuber of Trial Justices for 31. >

time for holding Courts in 326

preparation of jury lists in 392

Woflord College in, charter renewed 332

relative to past indebtedness of. 807

time of holding Courts in {\r)(]

Commissioners, Commissioners of Drainage.. 849
to levy a special tax.. .,1011, 1024
levy a special tax for

widows and orpliaus 961

68 INDEX.

PAGE

Spartanburg and Asheville Railroad Company, charter renewed.... 540

Building and Loan Association, charter amended 047

Sparnick, Henry, appropriation to pay claim of. 814

Spartanburg County, town of Gaffney City in, incorporated 860

Treasurer of, to turn over certain papers 937

voting precincts in 985

and Union Railroad, tax penalty remitted 1004

Speers, Elraira McNary, change of name 316

Springfield Baptist Church incorporated 65

Star Fire Engine Company incorporated 135

State Auditor, office of, abolished 189

to levy certain taxes 293

duties of, in issue of licenses 105

Treasurer to reissue stock to R. S. Porcher 286

purchase fire and burglar-proof doors for office... 287

Statistics, Bureau of Agricultural, abolished 34

Statutes, Genera], adopted 37

volumes, &c., to be republished 283

State Auditor, Joint Resolution authorizing, to levy tax repealed.. 307

Auxiliary Joint Stock Company incorporated 345

and County officers, I'eports of. 457

when to qualify 322

State Normal School, establishment of 306

Orphan Asylum, purchase of site and buildings for 477

Treasurer to report to Superintendent of Education amount

of school fund collected 353

make special report of claims paid under Gov-
ernor's proclamation 407

pay debts for fit:ing up hall of House of Rep-
resentatives 465

claim of H. Ware & Son 462

refund certain excessive taxes to A. Williford .. 472

Council, Friends of Temperance, incorporated 548

House and grounds, appropriation to repair 812

scholarships in South Carolina University established 555

Superintendent of Education, term of office of 806

Statements, quarterly, certain institutions to publish 526

State Dental Association incorporated 856

Librarian to advertise for coal 9o8

officers and offices, relative to 877

Orphan Asylum, removal of. 1013

Penitentiary, laws regulating government of, amended 955

INDEX. 69

PAGE

State Superintendent of Education, term of office of. 1010

vacancies in office of. 935

Treasurer to borrow money to pay employees of General

Assembly 102o

pay certain money to S. W. McKenzie 1017

widow of the late Judge

Green 1007

publish monthly statements 864

reissue certain stock to R. J. MiddL-ton 1008

term of office of. 1010

vacancies in office of.^ 935

Steam Engine Company, Traction, incorporated 158

Stepp, Joseph Allen, name changed to McCullough 140

Sterling funded debts, Act creating, repealed 193

Steam Mill Company, Palmetto Tramway and, incorporated 418

Stevens Creek Navigation Company incorporated 450

Stewart, Thomas, Swanzey's Ferry vested in 555

Stevedores' Association of Georgetown incorporated 601

Stevens Light Infantry incorporated 590

St. Helena, quarantine station established at 96

St. Mary's Roman Catholic Church, charter renewed 238

St. ^latthew's Evangelical Church, charter renewed 364

Stone and Cement Company, Columbia, incorporated 156

Stock, reissue of, to R. J. Middleton 1008

raising, encouragement of. 943

Stono Phosphate Company incorporated 976

Strawberry Ferry, charter renewed 14

Streams, penalty for poisoning 161

Street Railway of Greenville incorporated 879

St. Stephen's, village of, charter amended 894

Stuart, Sutphen & Co., payment of claim of. 465

Submarine sites for light houses 790

Sullivan, Charlotte, legitimized 638

Sullivan's Island Ferry Company chartered 252

to build wharf at cove of Moul-
trie vi lie 484

charter amended 914

Railroad Company incorporated 876

and Charleston Railroad Company incorporated. 675

town of Moultrieville, on, charter amended 445

Ferry, in Colleton County, rechartcrcd 583

Sumter Academical Society incorporated 193

70 INDEX.

PAGE

Sumter Academical Society, charter amended 848

Sumter County, Congruity Church in, incorporated 350

and Darlington, bridge across Lynch's Creek in... 440

number of Trial Justices for .313

Ebenezer Presbyterian Church of, incorporated.... 482

Land, Joint Stock and Loan Association incorporated 227

Scott Rifle Guards of, incorporated 28

Summerville, Colored Baptist Church of, incorporated 489

Sumner Light Dragoons incorporated 377

Sumter County, Good Will Presbyterian Church of, incorporated.. 482

appointment of Trial Justices in 894

Commissioners to-apply proceeds of certain tax.... 1012

Committee to investigate financial affairs of 1002

Treasurer of, to turn over certain papers 937

voting precincts in 985

Supreme Court, Clerk of, to furnish Court and give bond 441

may appoint Referees 314

frame issues 314

services of process from, regulated 353

time for holding April Term of. 314

Supplies for fiscal year 1873-74 515

1874-75 657

executive departments, contracts for 958

Superintendent of Education to apportion school funds 64

Sureties on oflScial bonds, relief of. 942

Swanzey 's Ferry recha rtered 555

Symmers, George, appropriation to pay claims of. 814

Synod of South Carolina and" Georgia, charter of Directors

amended 855

Table Mountain Turnpike Company, charter renewed 835

Tax, annual, to be used in retiring bond scrip 81

special, County Commissioners of Abbeville to levy 293

Darlington to levy 120

Williamsburg to levy 289

to pay interest on public debt 206

for relief of certain widows and orphans 206

Taxation of property, assessment and. Acts providing for, amended. 163

Taxes, R. Vampill, relieved of certain uncollected 288

State Auditor and County Commissioners to levy certain... 293

INDEX. 71

PAGE

Taxes poll, to ouforfo paynu-nt of. ^'tl

special, to build market, ».V:c., in Ilarnhiir;^^ 477

in Aiken County, special asses.sment of. 421

Act to extend time for collection of. 41">

Comptroller General and County Commissioners to levy

certain .'506

County Commissioners of Abbeville to levy special 40.3

Beaufort to levy special 473

Georgetown to levy special 420

Horry to levy special '444

Kershaw to levy special 404

Lancaster to levy special .'544

Marion to levy special .'544

Newberry to levy special .■>44

Orangeburg to levy special .'344

Richland to levy special .'U4, 409

Williamsburg to levy special .'J45

relative to certain, collected in Beaufort 458

excessive, paid by A. Williford 472

town of Hamburg to levy special 477

in Abbeville County for relief of widows and orphans of

persons killed becau.se of political opinions 689

special, in Beaufort County, relative to 5:51

Chesterfield County, relative to MO.'J

Edgefield County, relative to <S()2

Fairfield County, relative to 817

Horry County, relative to 71 1

Kershaw County, relative to mi2

Tax, special, in Lancaster County, relative to 8()S

Laurens County, relative to 807

Williamsburg County, relative to 580

Taxation of property, assessment and 7;)1

Taxes, Comptroller General to make abatement of iS'ii

fiscal year 1873-74 515

1874-75 057

for interest on public debt 510

regulating assessment and collection of, in .Marion County.. 598

time for payment of, extended 5.'J.'>

Tax to pay certain claims !•!»'.)

special, Abbeville County, Commissioners to apply proceeds

of. 8;;4, 1016

Aiken, County Commissioners to apply proceeds of... 825

72 INDEX.

PAGE

Tax, special, Chester, County Commissioners to apply proceeds

of " 865, 1022

Chesterfield, County Commissioners to apply proceeds

of 1011

Clarendon, County Commissioners to apply proceeds

of 1013

Colleton, County Commissioners to apply proceeds

of. 1012, 1022

Darlington, County Commissioners to apply proceeds

of «81

Edgefield County, past due claims to be paid out of... 1021
Fairfield County, past due claims to be paid out of... 1013
Lancaster County, past due claims to be paid out of... 1019
Laurens County, past due claims to be paid out of... 908
Marlboro County, past due claims to be paid out of... 1013
Xewberry County, past due claims to be paid out of... 91-3
Orangeburg County, past due claims to be paid out of 1015
Richland County, past due claims to be paid out of... 948
Spartanburg County, past due claims to be paid out

of. 1011, 1024

Union County, past due claims to be paid out of 867

Williamsburg, Act authorizing levy of, amended 829

York, Act authorizing levy of, amended 865

Taxation, assessment and, of property, Act providing for, amended.. 979

Taylor, A. R., et al., to erect certain gates 472

Joseph, to redeem forfeited lands 804

Iron Works, charter amended 845

Teachers' pay certificates, shaving or discounting, prohibited 153

School Commissioners of Union to approve claims of

certain 295

Telegraph Company, Union, incorporated 851

Temperance, Sons of, incorporated 268

State Council, Friends of, incorporated 548

Testimony, perpetuation of, in regard to deeds, &c., lost by fire in

Abbeville 451

Theological Seminary of the Synod of South Carolina and Georgia,

charter of Directors of, amended 855

Thompson, J. C, permitted to adopt child of Mary Couch and

change name ^~^

Tilton Hook and Ladder Company incorporated 727

Title to sites for light stations, &c., relinquishment of. 308

Togiio Ferry Company incorporated 590

INDEX. 73

PAGE

Town of Allendiile incorporated o08

J3runson incorporated 590

Easley incorporated 7()(J

Graham incorporated 585

Anderson, ciiarter amended 041

Beaufort, charter amended I'iO, (i47

Bhickville, charter amended 543

Due West, charter amended 015

Lau rens incorporated 524

Mayesville incorporated 551

Port Royal incorporated.., 010

Scran ton incorporated 553

Seneca City incorporated 034

Woodruff incorporated 029

Yorkville, Intendant and Wardens of, to open streets.... 030

Towns and villages, Act granting charters of, amended 002

Towles, T. W. and D. H., to establish wharf at JNlartin's Point 259

Town of Belton incorporated 24

Chesterfield incorporated 36

Lewisville incorporated 73

Midway incorporated 2

Mullius incorporated.. 98

Ninety-Six incorporated 242

Townville incorporated 200

Camden, limits extended 97

Cokesbury, charter amended 03

Frog Level rechartered 89

Georgetown, charter amended 15

Greenwood, charter amended 223

Haml)urg, charter amendetl 48

llonea Path, charter amended 10

Lancaster, charter amended Ill

Lowndesville, charter amended 234

Marion, charter amended 203

Mount Pleasant, charter amended 182

Orangeburg, charter amended -S's 272

Pendleton, charter amended 11^

Pickens, charter amended 110

Union, charter amended 7

William^toii, eliartcr aiiiciidi'd 123

Wriglitsviile, charter amended 10

t Chester, eliartcr amended 308

74 . INDEX.

PAGE

Town of Lewisville, charter araeudeil 3ol

Marion, cliarter amended 427

Moultrieville, charter amended 445

Walterboro, charter amended 375

Blackstock incorporated 881

Hodges incorporated 329

Nichols incorporated 381

Frog Level, name changed 365

Abbeville, charter amended 916

Anderson, charter amended 973

Blackstock, charter amended 883

Chesterfield, charter amended 858

Georgetown, charter amended 927

Greenville, charter amended , 896

Ridgeville, charter amended 969

Westminster, charter amended 963

Woodruff, charter amended 925

Central incorporated , 910

Fort Motte incorporated 963

GafFney City incorporated 860

George's Station incorporated 830

Johnson's Turnout incorporated , 833

Leesville incorporated 850

Port Harrelson incorporated 835

Reeves ville incorporated 900

Ridgeville incorporated 849

Ridgeway incorporated 890

Westminster incorporated 926

Towns, election of incorporated cities and, relating to 317

and villages. Act to grant, renew and amend charters of

certain, amended 323, 341

Traction Steam Engine Company incorporated 158

Tracey, C. C, to apply for admission to the bar 854

Tramway and Steam Mill Company incorporated 418

Transfer Company, Grand Southern Hotel and, incorporated 383

Transportation Company, Coastwise, incorporated 334

Treasurer of Marion County relieved of uncollected taxes 288

York County relieved of uncollected taxes 287

Treasurers of Counties to pay allowance to certain widows and

m i n o rs 206

Treasurer of State to countersign certain bonds 280

pay L. S. Langley S132 292

INDEX. 75

I'AfJE

Treasurer of State to pay widow of Somraerfiuld Montgomery 8250. L'lK)

Judge Piatt Halary due liiii) liM>^

reissue stock to M. K. Carrere 2U 4

R. S. PorcluT '2xr,

purchase" fire and hurglar-pronf doors for

vault ill odicL- 287

pay claim of H. "Ware & Sou 402

make special report of moneys paid under

Governor's proclamation 407

constitutional amendment relative to term of

office of 80f)

to pay Treasurer of Greenville .school funds 810

refund taxes overpaid to R. Chisolm, Jr 81o

Treasurers, County, aj)pointnient and <liitie3 of 777

bonds of. 507

of Newberry and Mariou to distribute tax

pro rata 811

TrialJustices to receive certain compensation of plaintiff in advance. 190

for Charleston, appointment, 'salary and duties of... 355

fees of ' " 373, 386

General Statutes, Section 45, Chapter XXV, relat-
ing to, amended 420

number of, for each County 313

additional, in Colleton County 818

fees of 605

in Charleston, Act regulating, amended 534

number of, in certain Counties 5<sS

liarn wel 1 Con n t y 826

Charleston Cou n ty 1)00

Chester Cou n ty 974

Clarendon County 908

Darl i ngton Cou n ty 900

Georgetown County 900

Lexington Coun ty 900

Sumter County 894

Columbia 858

to exhibit original papers to County Commissioners.. 8()3

to sell property left with mechanics for repairs 878

Trust Company, Beaufort IJanking and, incorporated 303

Trustees State Orphan Asylum to purchase site, I'tc 477

of Greeley Institute, relating to 816

under will of Dr. John De La Howe M6, 1002, 1024

76 INDEX.

PAGE

True Blue Uuiou Republican Society incorporated 689

Tucker, F. A., et al., names changed to Priveat 848

Turnpike Company, Table Mountain, charter renewed 835

Greenville and Aeheville, incorporated 6G3

Gap Creek, incorporated 426

Uniform system of school records provided for 186

Union Baptist Church incorporated 240

Firemen's, of Charleston, incorporated 143

Journeymen Mechanics', incorporated 112

Literary Club, of Gadsden, incorporated 265

Savings Bank, of Columbia, chartered , 254

Georgetown, chartered 140

School Commissioner of, to approve claims of certain

teachers 295

town of, charter amended 7

Assembly Society incorporated 327

County, number of Trial Justices in 313

new road established in 376

time for holding Courts in 326

certain roads in, public highways 807

citizens of, relieved from paying taxes on present

assessment in 809

Commissioners to apply proceeds of certain tax to

past indebtedness of 818

places for collection of taxes in, designated 588

time for holding Courts in 656

Bright Light Society incorporated 574

Herald, appropriation to pay claim of. 814

Hotel Company incorporated 697

Republican Wide Awake Association incorporated 585

University, South Carolina, State scholarships in, established 555

Act relative to, amended 487

United Blues, Scott, incorporated 374

United States, jurisdiction over National Cemetery ceded to 312

relinquishment of sites for light stations to 308

L^niversity buildings, unoccupied portion to be fitted up for Nor-
mal School 400

INDEX. 77

i'A(;e

Union Building and Loan Association incorporutid 852

County, tax to pay past indebtedness of". 8f)7

votitig j)recinc'ts in.„ !(8o

Savings Bank, charter amended 839

Telograpli Company incorporated 851

Upper Three lliin Creek, County Commissioners of Aiken to con-
struct bridge over 549

Uselul animals, protection and preservation of. 1<)0

Act for protection and preservation of, amended... 441

Vacancies in State offices, how to be filled 035

Validating certain payments of County Treasurer of Edgefield

County : 621

Varapill, R., Treasurer of ISIarion, relieved of uncollected taxes... 288

Vanderford, William D,, name changed to Harris 687

Vault, State Treasurer to purchase burglar-proof doors for, in his

office 287

Victoria Railroad Company incorporated 595

Village of Laurensville, charter repealed 259

Jjisboii chartered 250

Little Rock, charter renewed 130

Rock Hill, charter renewed 90

Smithville incorporated 83

Kingstree, charter amended 587

Lancaster, charter amended 597

Fort Mills incorporated 3;U

St. Stephen's, charter amended 894

Villages, Act to grant, renew and amend charters of certain,

amended 323, 341

Volunteer Rifle Club, Irish, incorporated 320

Volumes of Statutes, certain, to be republished 283

Voting precincts, establishment of, throughout the State 981

Voters of Barnwell County to decide upon location of County

seat 333

Wacramaw and Little River Canal Company, charter amended... 178

Wad mala w Island, wharf on, established 259

Salem Presbyterian Church of, incorporated... 2()7

AVaites' Creek Canal Company, Kdisto, Caw Caw and, inoorporato<l. 207

78 INDEX.

PAGE

Watboo "Wharf Company incorporated 23

Walhalla Bank incorporated 890

Female College chartered 84

Mountaineer Fire Engine Company of, incorporated 12

Walterboro, town of, charter amended 37o

and Yemassee Railroad Company, Columbia, charter

amended 70

Male Academy, charter amended 20

Wall, Nathaniel E., e< a^., names changed to McCoy 488

Wallingford Church and Academy incorporated 48

Ware & Son, Henry, payment of claim of 402

Warehouse Company, Hamburg, incorporated 5.j4

Southern, incorporated 390

Warehousing Transportation and Banking Company, Port Royal,

incorporated 549

Waring, Caroline, et al., names changed to Pinckney 686

Mrs. Elizabeth, Strawberry Ferry vested in 14

Wateree River, bridge over, construction of 43

Peay's ferry over 203

Presbyterian Church incorporated 267

free bridge, protection of 978

Water and Canal Company, Charleston, incorporated 574

Watts, Richard E., empowered to practice law 485

Water Company, Charleston, incorporated 297

Way, manner of obtaining rightof 42

Weetee Rifle Club incorporated 581

Werner, C, Comptroller General to draw warrant in favor of...... 291

Westminster, town of, incorporated 926

charter amended 963

Wharf Company, AVatboo, incorporated 23

at Martin's Point established 259

and Mill Company, Cannonsboro, charter renewed 935

at Beaufort, John E. Ohlandt to establish 533

Cainhoy vested in certain persons 586

Port Royal, D. F. Appleton to establish 646

in Marlboro County, P. T. Smith to build 636

at Rockville, construction of .'164

Wharfage, E. F. English to collect, at Port Royal city 28

White Hall Ferry rechartered 523

Horace, et al., to erect certain gates 643

McCauley James, name changed to McCauley 493

Hall Ferry, charter amended 924

INDEX. 79

- I'ACK

White, Hon ry N., to erect certain gates rt;;]

Widows and orphans, Act levying tax Cor snj)j)ort of, amended. .82!), UHl

relief of certain ^Or,

Willard, Tyrrell and Ida, names changed to Jones ].-,(-,

Williamston, town of, chartijr renewed 12.5

Willtown National Guards incorporated ,S(;

Williamshurg, County Commissioners of, to levy special tax 289

to levy .special tax 580

to levy special tax 345

Act levying special tax in, amended 829

voting precincts in !>,s5

Black Mingo Rifle Guard of, incorporated.. 730

public ferry in, established 062

AVeetee Rifle Club of, incorporated 581

number of Trial Justices in 313

time for holding Courts in 325

Williford, A., refund of excessive tax to 472

Wilson Artillery Company incorporated 3G7

Russell, name changed to Keitt 687

National Guards, Grant and, incorporated 340

Winnsboro Building and Loan Association incorporated 840

AVinyaw Bay and Santee Railroad 431

Witnesses, pay of 608, 387

Woffurd College rechartercd 332

Women, rights of mariied, under insurance policies ^C}')

Woodruff, town of, incorporated (129

charter amended 925

Woolen jNIanufacturing Company, Edgefield Cotton and, incorpo-

'•ated 41f^;

Workingmen's Society, of Greenville, incorporated 791

Worship, religious, protection of 352

Wright.sville, town of, charter amended 16

Wynr)s, William II., change of name 322

Yemassee Railroad, Columbia, Walterboro and, charter amended.. 70

and Millen, charter amended 70

\ork County, special tax to retire certain bonds of 865

voting precincts in 985

and Lancaster Counties, relating to boundary line of 425

County, number of Trial Justices for 313

80 INDEX.

PAGE

York County, time for holding Courts in 320, 456

A. Willif'ord, of, refund of taxes to 472

Manufacturing Company incorporated 401

County, Treasurer of, relieved 287

village of Rock Hill in, charter renewed 00

D. M. Hemmingway, of, to redeem forfeited lands... 494

places for collection of taxes in, designated 577

Yorkville Co-operation Society incorporated 795

town of, Intendant and \Varden.s to open certain streets

in 650

Young Men's Christian Association Society incorporated 792

Planting Club, Pee Dee, incorporated 529

Africanus Debating Club incorporated 13

Free Enterprise Council incorporated 23

Sons of Honor, of Frippe Point, incorporated G52

Zion Baptist Church, of Columbia, incorporated 226

Mount, M. E. Church, of Kingstree, incorporated 88

Cemetery Company, Mount, incorporated 358

Zouaves, National, of Charleston, incorporated 318

iiJ

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