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Full text of "The statutes at large of South Carolina"

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Tlie 

University of South Carolina 




■ 


Coleman Karesh 
Law Library 







Digitized by the Internet Archive 

in 2010 with funding from 

Lyrasis IVIembers and Sloan Foundation 



http://www.archive.org/details/statutesatlargeo12repu 



/ 



THE 



STATUTES AT LARGE 



OF 



SOUTH CAROLINA. 



"V^oliame ZXII, 



CONTAINING THE 



Acts from DecembePj 1850, to January, 1861. 



ARRANGED CHRONOLOGICALLY. 



PUBLISHED mm ADTHOEITY OF THE LEGISLATURE. 



COLUMBIA, S. C: 

KEPUBLICAN PRINTING COMPANY, STATE PRINTERS. 

1874. 



^ 



/e 



coLa^AM Karesh law ubrary 

University of South Carolina ^ 



LIST OF ^CTS. 



Ads of 1M50. 

I'AGE 

An Act to raise supplies for the year commencing in October, one 

thousand eight hundred and fii'ty 3 

An Act to make a|)pr()priations tor the year commencing in Octo- 
ber, one thousand eight hundred and fifty 4 

An Act to provide for the inspection of flour 9 

An Act to incorporate certain societies and companies, and to re- 
vive and amend certain charters heretofore granted 11 

An Act to incorporate the C/ommercial Insurance Company 25 

An Act to incorporate "The South Carolina Atlantic Steam Navi- 
gation Company" 28 

An Act to incorporate the Columbia Insurance Company, in the 

town of Columbia... 32 

An Act to incorporate the Furmau University 34 

An Act to incorporate the Swedish Iron Manufacturing Company of 

South Caronna 36 

An Act to incorporate "The Hamburg Paper Mill Company" 38 

An Act to incorporate the village of Totness 39 

An Act to incorporate the New Charleston Water Company 40 

An Act to charter and incorporte P^rskine College, at Due West, in 

Abbeville District s 43 

An Act to incorporate the Hayne Cotton ]\Iill Company 44 

An Act to charter the Wateree Manufacturing Company 46 

An Act to amend the charter of the Graniteville Manufacturing 

Company 48 

An Act to amend the charter of the Charleston Gas Light Com- 
pany 49 

An Act to provide for the appointment of Deputies to a Southern 

Congress, and to call a Convention of the people of this State... 50 

An Act to provide for the defence of the State 52 

An Act to define the manner in which the City Council of Charles- 
ton shall proceed in charging, levying and collecting assess- 
ments upon the owners of lots fronting on streets, lanes, or al- 
leys, opened or extended, according to law 54 

An Act to establish certain roads, bridges and ferries 56 

An Act to alter and amend the laws relating to the city of Charles- 
ton, in reference to the time of holding the city elections and 

in other particulars 58 

An Act to authorize the State to aid in the construction of the Spar- 
tanburg and Union Railroad 59 

An Act to amend an Act passed on the eighteenth day of Decem- 
ber, one thousand eight hundred and forty, entitled "An Act to 
ascertain and define the j^owers, duties and liabilities of Mas- 
ters, Commissioners and Registers in Equity, and to provide for 

the organization and regulation of their respective offices" 60 

Vol. 12— a . ' 



II LIST OF ACTS. 

PAGE 

An Act to amend an Act entitled " An Act to incorporate the town 
of Hamburg, and for other purpo?as," passed on the nineteenth 
day of December, one thousand eight hundred and thirty-five, 
and also to amend an Act entitled "An Act to amend an Act 
entitled 'An Act to incorporate the town of Haml)urg, and foi' 
other purposes,'" passed on the twentieth day of December, A. 
D. one thousand eight hundred and thirtv-seven.' (U 

An Act to aff)rd aid in constructing the Colleton Railroad 62 

An Act to provide for keeping open the otfices of Clerks of the Com- 
mon Pleas and General Sessions in certain cases 63 

An Act to require the Clerks of the Courts of Common Pleas and 
General Sessions to index the Journals of the Common Pleas 
and General Sessions 63 

An Act to provide for the payment of the instalments due on the 
shares held by the State in the South Carolina Railroad Com- 
pany 64 

An Act to confirm a grant unto John J. ]\Ioore, which, by mistake, 

was issued in the name of John Moore 64 

An Act to declare certain chihlren of Atticus Tucker legitimate, 

and to change their surnames 65 

An Act to restore the due compensation of the Tax Collector of St. 

Phillip's and St. Michael's 65 

An Act to prohibit betting on elections 6(j 

Ads of 1851. 

An Act to authorize the formation of a volunteer company of 

artillery within the limits of the Independent Battalion 66 

An Act to raise supplies for the year commencing in October, one 

thousand eight hundred and fifty-one 67 

An Act to make appropriations for the year commencing in October, 

one thousaiui eight hundred and fifty-one 684 

An Act to amend an Act entitled " An Act for the abolition of the 
rights of primogeniture, and f)r giving an equitable distribution 
of the real estates of intestates, and for other purposes therein 
mentioned" 73 

An Act to alter and amend the law in relation to the operation of 

benefit of clergy 74 

An Act to establish certain roads, bridges and ferries, and to amend 
the law respecting Commissioners of Roads, in certain particu- 
lars 74 

An Act to increase the amount of property exempt from levy and 

sale 77 

An Act to incorporate the South Carolina Building and Loan Asso- 
ciation 78 

An Act to inrorjjDrate the White AVater Falls Turnpike Company.. 80 

An Act to alter and amend the charter of the King's Mountain 

Railroad Company 81 

An Act to incorporate the Charleston Floating Dry Dock and 

Marii e Railway Company 87 

An Act to suspend the election of members of Congress, from this 
State, until the number of Representatives to which this State 
shall be entitled, under the last census, shall be ascertained 88 



LIST OF ACTS. iii 

PAGE 

An Act to divide Beat Company, iNo. 7, attached to the lOlh Regi- 
ment of Infantry, of South Carolina militia, into two companies, 

and for other purposes 89 

An Act to incorporate the VVofford College 90 

An Act to punish placing obstructions on railroad tracks, and for 

other purposes 91 

An Act to incorporate the Florida Steam Packet Company 92 

An Act to aff)rd aid in constructing the King's Mountain Railroad, 93 
An Act to alter the times for holding the Courts of General Sessions 
and Common Pleas, ibr the Districts of Barnwell, Beaufort, 

Colleton, Charleston and Orangeburg 94 

An Act to amend the charter of the village of Abbeville 95 

An Act to incorporate the Calhoun Loan and Building Association, 96 
An Act to permit Cunningham H. S. McClenaghan and George 
Hopkinson, aliens, to apply for admission to practice in the 

Courts of Law and Equity in this State 97 

An Act to charter the Pendleton Railroad Company 97 

An Act to alter and amend the 11th Section of an Act entitled " An 
Act to incorporate certain societies and companies, and to revive 
and amend certain charters heretofore granted, passed on the 
20th day of December, in the year of our Lord one thousand 

eight hundred and Hfty " 99 

An Act to fix the time for the meeting of the Convention elected 
under the authority of an Act entitled " An Act to provide for 
the appointment of Deputies to a Southern Congress, and to call 
a Convention of the people of this State, passed in the year of 

our Lord one thousand eight hundred and fifty" -00 

An Act to abolish brigade encampments 100 

An Act to incorporate the Charleston Building and Loan Association 101 
An Act to empower the Town Council of the town of Cheraw to 
sell or otherwise dispose of certain streets and parts of streets, 

in said town 102 

An Act to incorporate certain societies and companies, and to renew 

and amend certain charters heretofore granted 103 

An Act to provide for the grant of reciprocal privileges to citizens 
of South Carolina and of Georgia, in relation to the building 

of bridges over the Savannah River 108 

An Act to vest the right and title of the State in and to certain 

escheated property in certain persons therein mentioned 109 

An Act t) authorize and empower the Commissioners of Cross Roads 
of Charleston Neck to cancel and deliver up to the Washing- 
ton Fire Engine Company a certain note and mortgage held 

by them against the said company 110 

An Act to estal)lish and incorporate a Bank in the town of Winus- 

boro 110 

An Act to vest in the South Carolina Railroad Company the title to 

certain lots in the town of Columbia 116 

An Act to provide by law for the compensation of physicians for 

post vioriem examinations 117 

An Act to incorporate the North Eastern Railroad Company 117 

An Act to authorize and empower the Commissioners of Cross Roads 
of Charleston Neck to deliver up to the Marion Fire Engine 
Company a certain bond and mortgage 121 



IV LIST OF ACTS. 

PAGE 

An Act to amend the law in relation to Managers of Elections 121 

An Act to amend the charter of the South Carolina Annual Confer- 
ence • 122 

A Bill to alter and amend the Constitution, so as to change the 
name of the Election District of Saxe-Gotha to that of Lexing- 
ton, and to extend its boundaries to its present judicial limits... 123 

Acts of 1852. 

An Act to raise supplies for the year commencing in October, one 

thousand eight hundred and fifty-two 126 

An Act to make appropriations f )r the year commencingin October, 

one thousand eight hundred and fifty-two 128 

An Act to amend the charter of the Wilmington and Manchester 

Rail road Com pany 132 

An Act to alter the sittings of the Courts of law on the Northern 

Circuit 133 

An Act to incorporate certain towns and villages, and to renew and 

amend certain charters heretofore granted 134 

An Act to extend the charter of the Bank of the State of South 

Carolina 136 

An Act to exempt the surviving officers and members of the Pal- 
metto Regiment from ordinary militia duty 137 

An Act to incorporate certain religious and charitable societies for 
the advancement of education, and to renew the charters of 

others heretofore granted 137 

An Act to incorporate the Carolina Mutual Insurance Company, of 

Charleston 139 

An Act to appropriate the sum of three thousand five hundred dol- 
lars for the erection of a suitable building for the education of 
the Deaf and Dumb of this State at Cedar Springs, in Spar- 
tanburg District 141 

An Act to prevent the obstructions to the passage of fish up Lynch's 

Creek , 143 

An Act to incorporate the Johnson Female University 143 

An Act to amend an Act entitled "An Act to incorporate the Com- 
mercial Insurance Company " 144 

An Act to authorize the State to aid in the construction of the Pen- 
dleton Railroad 145 

An Act to incorporate the Firemen's Insurance Company, of Charles- 
ton ■; 146 

An Act to charter the Lancaster Railroad Company 151 

An Act to incorporate the Beaufort and Columbia Loan and Build- 
ing Associations 153 

An Act to amend an Act entitled " An Act to amend the law in 

relation to harboring deserted seamen " 154 

An Act to incorporate the town of BiufFton 156 

An Act to alter and amend an Act entitled "An Act to incorporate 

the Northeastern Railroad Company " .. 159 

An Act to alter and amend an Act entitled " An Act to provide for 

the defence of the State " 159 

An Act to authorize the South Carolina Railroad Company to con- 
struct a certain bridge over the Congaree River 160 



LIST OF ACTS. v 

PAGE 

Au Act to repeal all A.cts and parts of Acts authorizing Ordinaries 

to take posse.ssion of iui<l administer derelict estates 161 

An Act to establish certain roads, bridgos and ferries, and to araend 

the law respecting Commissioners of Roads in certain particu- 

lai-s 162 

Au-Act to alter and arrange the times of the sitting of the Courts 

of Equity in the Fifth Circuit 166 

An Act to incorporate the Columbia Gas Light Company 167 

An Act to appoint Commissioners to ascertain and define the proj)er 

dimensions and direction of the streets of the town of Moultrie- 

ville, and to remove all obstacles in such streets 169 

An Act to alter and amend the law in relation to the education of the 

Deaf and Dumb of this State 169 

Au Act to incorporate certain societies, associations and companies, 

aiid for the re-charter of others 169 

An Act to authorize the formation of the Savannah River Valley 

Rail road Company 171 

An Act to relieve plaiik road companies from the necessity of 

making returns, unless specially called for by the Legislature... 172 
An Act to authorize the formation of a new volunteer company 

within the limits of the 23^ Regiment of infantry 172 

Au Act to change the day of the election of, and the term of office 

of, the Mayor of the city of Charleston, and for other purposes. 173 
Au Act to release from pledge the railway shares belonging to the 

State 174 

Au Act to vest in Wm. H. Trapp the exclusive right to navigate 

Little River 175 

An Act to exempt Robert Hopton, a free person of color, I'rom 

capitation tax 175 

An Act to incorporate the village of Cokesbury 176 

An Act to open and extend Pitt street, in the town of JNIt. Pleasant, 

to Hil)ben street 178 

An Act to amend an Act entitled " An Act to provide i'uv the 

inspection of flour " 179 

An Act to alter and amend au Act entitled " An Act to authorize 

the State to aid in the construction of the Spartanburg and 

Union Railroad " 179 

An Act to authorize aid in the construction of the Cheraw and 

Darlington Railroad 181 

An A<.'t to vest the right, title and interest of the State in the pro- 
ceeds of the sale of the personal estate of Daniel McGill, 

deceased, hi Catharine McDonald, wife of Donald McDonald.. 182 
An Act to incorporate the Blue Ridge Railroad Company, in South 

Carolina 182 

An Act to authorize the State to aitl in the construction of the 

Northeastern Railr(-ad 187 

An Act to arrange this State into Districts for the election of 

Representatives in the Congress of the United States, and for 

other purpo.ses 189 

An Act to vest the right and title of the State in and to certain 

escheated property in certain persons therein mentioned 190 

An Act in relation to the execuiion of slaves and free persons of 

color : 191 



VI LIST OF ACTS. 

PAGE 

All Act to re-charter the Planters' and Mechanics' Bank, of South 
Carolina ; the Union Bank, of South Carolina ; the Com- 
mercial Bank, of Columbia, South Carolina ; and to incorpo- 
rate the Exchange Bank, of Columbia ; the Farmers' and 
Exchange Bank, and the People's Bank, of Charleston ; the 
Bank of Newberry; the Bank of Chest*^r : the Bank of 
Sumterville ; the Planters' Bank, of Fairfield; and the 
Western Bank, of South Carolina, at Anderson 191 

An Act to authorize the conveyance of certain parcels of land, in 
fee simple, to Thomas Bennett and James Fuller, upon certain 
conditions , 194 

An Act to incorporate the Beaufort Female Seminary 194 

A Bill to alter and amend the Consti ution so as to change the 
name of the Election District of Saxe-Gotha to that of Lex- 
ington, and to extend its boundaries to the present judicial 
limits 196 

A Bill to alter the Constitution of this State so as to divide 

Pendleton into two Election Districts 196 

Acts of 1853. 

An Act to raise supplies for the year commencing in October, 

one thousand eight hundred and fifty-three 197 

An Act to make appropriations for the year commencing in October, 

one thousand eight hundred and fifty three 198 

An Act to renew and amend the charters of certain towns and 

villages heretofore incorporated 203 

An Act to incorporate certain societies, associations and companies, 

and to renew and amend the charter of others 207 

An Act to incorporate certain religious and chairitable societies, 
and societies for the advancement of Education, and to renew 

the charters of others heretofore granted 210 

An Act to incorporate the Central Bank of South Carolina 212 

An Act to renew and amend the charter of the State Bank 217 

An Act to renew the charter of the Bank of Charleston, South 

Carolina 218 

An Act to re-charter the Bank of Hamburg, South Carolina 219 

An Act to re-charter the Merchants' Bank of South Carolina, at 

Cheraw 221 

An Act to re-charter the Bank of Camden, South Carolina. 222 

An Act to renew the charter of the Bank cf South Carolina 223 

An Act to authorize the Bank of NeAvberry and the Planters' Bank 

of Fairfield to increase their capital ■ 224 

An Act to establish certain Roads, Bridges and Ferries, and to renew 

certain charters heretofore granted 225 

An Act to authorize the formation of the Newberry and Chester 

Railroad Company .' 229 

An Act to incorporate the Branchville and Savannah Railroad Com- 
pany 238 

An Act to charter the Charleston and Savannah Railroad Company, 240 
An Act to charter a company to construct a railroad from the junc- 
tion of the Camden and Columbia Branches of the South Caro- 
lina Railroad to Hamburg, South Carolina 248 



LIST OF ACTS. vii 

An Act to incurporatc tlici Columbia and Haiul)urg Railroad Com- 
pany V - '^ ' ^ 

An Act t(; authorize the Spartanburg atid Union Railroad Company 
to extend their road from some point at or near Spartanburg 
Court House to some [)oint on the Norlh Carolina line, in the 
direction of Asheville or Ruthert'ord 252 

An Act to amend ihe charter of the Greenville and Columbia Rail- 

roafl Company 25o 

An Act to authorize the Laurens Railroad Company to extend their 
road from Laurens Court House to the North Carolina line, in 
the direction of Asheville 254 

An Act to authorize the South Carolina Railroad Company to con- 
struct a certain bridge over the Wateree River 255 

An Act to authorize the Comptroller General to transfer sixteen 
thousand dollars of the stock owned by the State in the South 
Carolina Railroad Company and Southwestern Railroad Bank 
to the Laurens Railroad Company 256 

An Act to amend an Act to incorporate the Florida Steam Packet 

Com pany 256 

An Act to amend the charter of the Fireman's Insurance Company 

of Charleston 25 < 

An Act to amend an Act entitled "An Act to incorporate the town 
of Hamburg, and for other purposes," passed on the nineteenth 
day of December, in the year of our Lord one thousand eight 
hundred and thirty-five 258 

An Act to extend the time for receiving subscriptions to the Western 

Bank of South Carolina, at Anderson 258 

An Act to provide for the measuring of timber in the city of Charles- 
ton, and to create the office of Inspector and Surveyor thereof.. 259 

An Act to cede to the United States certain parcels of land as sites 

for light houses and beacons 260 

An Act to i)rohibit the collection of demands against students of the 

colleges and institutions of education in this State 260 

An Act to confer on Isaac Iseman and Marx Iseman certain rights 

and privileges in relation to a piece of land by them purchased, 261 

An Act to alter the sittings of the Courts of Law on the Western 

Circuit, and the Court, of Equity for Charleston District 261 

An Act to declare and amend the law in relation to words of lim- 
itation in wdls ana deeds 262 

An Act to authorize the Commissioners of the Poor for Ficke.iS Dis- 
trict to sell certain lands, and for other purposes 263 

An Act to amend the law in lelation to weights and measures 263 

An Act for the establishment of a general system of registration 
of births, marriages and deaths in the State of South Caro- 
lina 264 

An Act to vest the title of the State in certain escheated property 

in sundry persons therein, mentioned 265 

An Act to vest the right and title of the State in and to a certain 

lot of land in the town (tf Darlington in Joseph frank 265 

An Act to authorize the Commissioners of the Poor for St. Barthol- 
omew's Parish to sell certain lands, and for other purposes 266 

An Act to give the Town Council oi Yorkville the power to issue 

bonds of the corporation, and for other purposes 267 



VIII LIST OF ACTS. 

PAGE 

An Act in relation to the Trustees of the South Carolina College... 267 
An Act to declare a certain description of streams navigable, and 

for other purposes 268 

An Act to alh^w William Langston to hawk and peddle in Union 

District, without the payment of the tax now imposed by law.. 268 
An Act to establish a Kilie Battalion iu the Parishes of St. Philip 

and St. Michael 269 

An Act to provide funds for the erection of the new State Capitol... 270 
. An Act to exempt the survivors of the South Carolina Volunteers 

in the Florida War from ordinary militia duty, and for other 

purposes -. 270 

Acts of 1S54. 

An Act to raise supplies for the year commencing in October, one 

thousand eight hundred and fifty-four 271 

An Act to make appropriations for the year commencing in October, 

one thousand eight hundred and fifty-four 272 

An Act to authorize the United States to purchase certain parcels 
of land in this State for the erection of Litjht Houses and Bea- 
con Lights 276 

An Act to amend an Act entitled " An Act to provide for the 

inspection of flour in certain particulars" v 277 

An Act to authorize the formation of a volunteer battalion, to be 
attached to the twenty-third regiment South Carolina militia, 
and for other purposes 278 

An Act to extend to Judges at Chambers the power of appointing 

Commissioners to value lauds required for railroads 279 

An Act to charter the Charleston Water Company, in the city of 

Charleston, State of South Carolina 279 

An Act to classify the lands in the Catawba Indian boundary, situate 
in York and Lancaster Districts, and to tax them as other 
lands in said Districts, and for other purposes 284 

An Act to re-charter the Bank of Georgetown, South Carolina 285 

An Act to amend an Act entitled " An Act to re-charter the Mer- 
chants' Bank of South Carolina, at Cheraw " 286 

An Act to amend an Act entitled ' An Act to authorize the forma- 
tion of the Savannah River Valley Railroad Company, and to 
grant aid in the construction of their Road " 286 

An Act to incorporate the Columbia and Charlotte Magnetic Tele- 
graph Company 288 

An Act to incorporate the Columbia Female College 2!)0 

An Act to incorporate the Elm wood Cemetery Company 292 

An Act to alter and amend the charter of the town of Columbia, 

and for other purposes 293 

An Act to provide for the better administration of justice in the 

City Court of Charleston 299 

An Aci to extend the time allowed the Greenville and Columbia 
Railroad Company, and the Newberry and Chester Railroad 
Company, to open books of subsbription to the capital stock of 
said com panics 299 

An Act to incorporate the Columbia Machine Works ;>00 

An Act to incorporate the Spartanburg Female College 302 



LIST OF ACTS. ix 

PAGE 

An Act to authori/.e the State to aid in the construction of the 

C'hark'.<ton and Savannah Railroad 304 

An Act to re-(;l)artor the 15oard of Direcaor.s of the Theological Seini- 

naiy of the Synod of South Carolina and Georgia -JOo 

An Act to incorporate the village of Marion, and for other purposes 

thtM'cin mentioned 300 

An Act to vest the title of the State in certain escheated property 

therein mentioned in certain persons therein named 309 

An Act to incorporate the Southern Mutual Life Insurance Com- 



pany. 



:!10 



An Act to incorporate the Southern Mutual Insurance Company... .'ill 

An Act.to abolish the office of Tax ('ollector for the Election Dis- 
trict of Winyah, and for other purposes 317 

An Act to authorize and empower the City Council of Chr 'est,!. 
levy and collect taxes on the real estate of banks within the 
corporate limits of said city 317 

An Act to authorize and empower the Commissioners of the Orphan 
House of Charleston to select the number of youths tiierein 
mentioned from those educated and maintained on the bounty 
of that institution, who shall be allowed to complete their eilu- 
cation at the Military Schools established by this State 318 

An Act to incorporate certain religious and charitable societies, and 
societies for the advancement <if education, and to renew and 
amend the charters of others heretofore granted 319 

An Act to incorporate certain societies, associations and com[)anies, 

and to renew and amend the charters of others 321 

An Act tv; authorize the Town Council of Hamburg to subscribe to 
the capital stock of certain railroad companies therein men- 
tioned, and for other purposes 323 

An Act to amend the charter of the Bank of the State of South 

Carolina •. 324 

An Act to amend an Act to incorporate the Fireman's Insurance 
Company of Charleston, passed the 16th day of December, A. 
D., 1852 .' 325 

An Act to amend an Act entitled " An Act to incorporate the 

Northeastern Kailroad Company" 325 

An Act "to incorporate the South Carolina Saving and Building 

Association 326 

An Act to authorize aid to the Blue Ridge Railroad, in South Ca- 
rolina 327 

An Act to prescribe the mode and terms upon which the City Coun- 
cil of Charleston may subscribe to tfie capital stock of railroads, 
plank roads and canal companies, and to confirm the subscrip- 
tions heretofore made 330 

An Act to amend the charter of the town of Georgetown 331 

An Act to inc(jrporate the Yorkville Female Institute and the Marion 

Female College 334 

An Act to amend an Act entitled "An Act to incorporate the town 

of Mount Pleasant" 336 

An Act to incorporate the Society for the Relief of Indigent and 
Superannuated Ministers of the Presbyterian Church and their 
families 338 



X LIST OF ACTS. 

PAGE 

An Act to authorize the Comptroller Geueral to accept the bequest 

of the late John Blair 339 

An Act to extend and renew the charter of the town of Yorkville.. 340 

An Act to amend the first clause of an Act entitled " An Act to re- 
new and amend the charters of certain towns and villages here- 
tofore incorporated," passed the twentieth day of December, in 
the vear of our Lord one thousand eight hundred and fifty- 
three 340 

An Act to amend the charter of the AVilmingtou and Manchester 

Railroad Co ra pany 341 

An Act to authorize the Cheraw and Darlington Railroad Company 

to increase their capital stock 341 

An Act to alter the Constitution of this State so as to divide Pendle- 
ton into two Election Districts 342 

An Act to renew and amend the charters of certain towns and vil- 
lages heretofore incorporated 343 

Acts of 1855. 

An Act to raise sunplies for the year commencing in October, one 

thousand eight hundred and fifty-five 344 

An Act to make appropriations for the year commencing in Octol)er, 

one thousand eight hundred and fifty-five 345 

A Bill to amend the f )urth Section of the first Article of the Con- 
stitution of this State 351 

An Act to grant aid to the State Agricultural Socitty of South Car- 
olina 352 

An Act in relation to kidnapping seamen 352 

An Act to alter the law in relation to the duties of Ordinaries, in 

taking administration bonds 353 

An Act to aid the city of Columbia in the construction of new water 

works, and for other purposes 353 

An Act to alter and amend the charters of the joint stock banks of 

this State 354 

An Act to prohibit nonresidents from hunting, ducking, and fishing 

within the limits of this State 355 

An Act to alter and amend the charter of the Spartanburg and 

Union Railroad Company, in certain particulars 356 

An Act to amend the charter of the Northeastern Railroad Company, 

and for other purposes 356 

An Act to authorize the erection of gates upon all such roads as are 

not public highwHys 357 

An Act to incorporate certain religious and charitable societies, and 
societies for the advancement of education, and to renew the 
charters of others heretofore incorporated 357 

An Act to lease the State Road, over the Saluda Mountains, to M. D. 

Dickey and Oliver Barrett 360 

An Act to authorize the City Council of Charleston to close Little 

Coming's Creek 361 

An Act to incorporate the Lansford Manufacturing Company 362 

An Act to authorize the Commissioners of Free Schools for St. 

Philip and St. Michael to sell and convey certain lauds 362 



LIST OF ACTS. xr 

PAGE 

An Act t.T vest the title of the State in certain esclieated property 

in certain persons therein mentioned 3G3 

An Act to establish Clarendon County as a separate Judicial Dis- 
trict 364 

An A(;t to change the time for holding the election of Tax Collector 

for Pickens District 366 

An Act to incorporate the Graiiitville Cemetery Association 367 

An Act to amend an Act entitled "An Act to incorporate the Elm- 
wood Cemetery Association '' 367 

An Act to enlarge the powers of the commissioned officers of the 

city guard, and the police officers of the city of Charleston 368 

Ad Act to amend an Act entitled " An Act to change the day of 
election of, and the term of office of the Mayor and Aldermen 
of the city of Charleston " 368 

An Act to amend an Act entitled " An Act to incorporate the town 
of Hamburg," passed the twelfth day of December, one thou- 
sand eight hundred and thirty-five 369 

An Act to amend the twelfth Section of an Act entitled " An Act 
to incorporate certain societies, associations and companies, and 
to renew and amend the charters of others," passed the twenty- 
first day of December, in the year of our Lord one thousand 
eight hundred and fifty-five 370 

An Act to renew and amend the charter of the town of Unionville.. 371 

An Act to unite the Morris Street Baptist Church, Charleston, and 
the Fourth Baptist Church, Charleston, into one corporation, 
under the name of the Citadel Square Church 376 

An Act to disband the James Island Beat Company 377 

An Act to extend the King's Mountain Railroad 377 

An Act to provide for a uniform system of measuring ranging tim- 
ber in this State 378 

An Act for the better regulation of Commissioners of Cross Roads 

for Charleston Neck 379 

An Act to incorporate certain societies, associations and companies, 

and to renew and amend the charters of others 385 

An Act to repeal the proviso to the first Section of an Act entitled 
" An Act relating to the survey of the coast of South Carolina, 
under the authority of the United States" 390 

An Act to amend the charter of the Savannah River Valley Rail- 
road Company, and for other purposes 391 

An Act to charter the Edgefield Railroad Company 393 

An Act to incorporate certain towns and villages, and to renew and 

amend certain charters heretofore granted 401 

An Act to establish certain roads, bridges and ferries 410 

Acts 0/1856. 

An Act to raise supplies for the year commencing in October, one 

thousand eight hundred and fifty-six 415 

An Act to make api)ropriations for the year commencing in October, 

one thousand eight hundred and fifty-six 417 

An Act to alter and amend the Judiciary system of the State 421 

An Act to authorize the formation of a volunteer company of rifle- 
men within the limits of the Independent Battalion 424 



XII LIST OF ACTS. 

PAGE 

An Act to incorporate the Southern Porcelain Manufacturing Com- 
pany.... 425 

An Act for the better establishment of a general system of registra- 
tion of births, marriages and deaths in the State of South Caro- 
lina 425 

An Act to abolish the office of Tax Collector of Salem County, and 

for other purposes 426 

An Act to amend an Act entitled " An Act to incorporate certain 
religious and charitable societies, and societies for the advance- 
ment of education, and to renew the charters of others hereto- 
fore granted," passed on the twentieth day of December, in the 
year of our Lord one thousand eight hundred and fifty-three, 
and for other purposes 427 

An Act to incorporate the Greenville and French Broad Railroad 

Company within the limits of South Carolina 428 

An Act to })romote the efficiency of the volunteer system in the 
. State of South Carolina 435 

An Act to establish certain roads, bridges and ferries 4o6 

An Act to incorporate the Air Line Kailroad Company in South 

Carolina 439 

An Act to charter a bank in the town of Sumter 441 

An Act to incorporate the State Agricultural Society of South Caro- 
lina 442 

An Act to revive and renew the incorporation of the Charleston 

Port Society for Promoting the Gospel Among Seamen 443 

An Act to abolish the office of Coroner for Williamsl)urg District... 444 

An Act to increase the amount of security required by law to be 

given by various public officers for Spartanburg District 444 

An Act to provide for the hearing of appeals from the Courts of 
Law and Equity for Colleton District at Columbia, instead of 
at Charleston 445 

An Act defining the powers of Commissioners of Cuts and Water 

Courses in this State ; 445 

An Act to provide for the transfer of the papers of the office of Su- 
perintendent of Public Works to the Secretary of State's office.. 448 

An Act to amend the Act of incorporation of the town of Abbeville, 
so as to give to the Town Council the power to impose taxes, 
and for other purposes 449 

An Act to incorporate the Laurensviile Female College < 451 

An Act to incorporate certain towns and villages, and to I'enew and 

amend the charters of others heretofore granted 453 

An Act to incorporate certain societies, associations and companies, 

and to renew and amend' the charters of others 454 

An Act to authorize the Town Council of Pickens to change the' 

plan of said village 458 

An Act to authorize the collection of interest on judgments 458 

An Act to alter and amend the fourth Section of an Act entitled 
" An Act concerning the office and duties of Ordinary," rati- 
fied the twenty-first day of December, in the year of our Lord 
one thousand eight hundred and thirty-nine 459 

An Act to require Sheriff* to give notice of money collected by them 460 

An Act to incorporate the Central Presbyterian Church of the city 

of Charleston 460 



LIST OF ACTS. xiii 

PAGE 

An Act to amend the laws in relation to the erection of wooden 

buildings in the city of Charleston 461 

An Act to amend an Act entitled "An Act to incorporate certain 
societies and companies, and to renew and amend certain char- 
ters herntofore granted," incorporating the Charleston Plank 
Koad Company 462 

An Act to prevent the circulation of printed or engraved paper re- 
sembling bank notes 463 

An Act to incorporate certain religious and charitable societies, and 
societies for the advancement of educati')n, and to renew and 
amend the charters of others heretofore granted 464 

An Act to aid in the construciion of ihe Charleston and Savannah 

Railroad 467 

An Act to incorporate the South Carolina Regatta Club 469 

An Act to incorporate the Savannah River Steamboat Company 470 

An Act to amend an Act entitled " An Act to provide for the inspec- 
tion of Hour," and to repeal an Act amending the same 471 

An Act to amend the fourth Section of the first Article of the Con- 
stitution of this State 471 

An Act to incorporate the Columbia Steamboat Company 472 

An Act to authorize certified copies of entries from the books of a 

Sheriff to be given in evidence 473 

An Act to renew the charter of the Mount Pleasant Ferry Com- 
pany 473 

An Act to declare the canal which connects Boggy Gut with the 

lower Three Runs a navigable stream 474 

An Act to increase the amount, of the official bond of the Tax Collec- 
tor of Darlington 474 

An Act to renew and amend the charter of the town of Anderson.. 475 

An Act to authorize the formation of new volunteer companies 
within the limits of tiie thirty-sixth and forty-first regiments of 
infantry, and to incorporate the same 482 

An Act to amend an Act entitled " An Act prescribing the mode of 
electing Tax Collector," passed on the eighteenth day of Decem- 
ber, in the year of our L(jrd one thousand eight hundred and 
forty -six 482 

An Act to regulate the agencies of insurance companies not incorpo- 
rated in the State of South Carolina 483 

An Act to alter the sittings of the Courts of Equity for the Second 

Circuit 484 

An Act to promote the drainingand improvement of inland swamps, 485 

An Act to incorporate the Columbia Athemeum 488 

An Act to authorize the issue of bonds for the purpose of continu- 
ing tiie construction of the New State House 489 

An Act to incorporate Newberry College of the Evangelical 

Lutheran Syn.od of South Carolina and adjacent States 490 

An Act to amend an Act entitled " An Act more effectually to pre- 
vent free negroes and other persons of color from entering into 
this State, and for other purposes," passed the nineteenth day of 
December, in the year of our Lord one thousand eight hundred 
and thirty-five 491 

An Act to incorporate the Mutual Benefit Loan Association 493 



XIV LIST OF ACTS. 

PAGE 

An Act to define and extend the powers of the Commissioners of 

Free Schools of St. Philip and St. Michael 494 

An Act to vest the title of the State in certain escheated property 

in sundry persons therein mentioned 495 

A Bill to alter and amend the tenth Section of the first Article of 

the Constitution of this State 496 

An Act to alter the time of holding the election of Tax Collector for 

Pickens District 497 

An Act to amend an Act entitled " An Act to provide for the 
measuring of timber in the city of Charleston, and to create ' 
the office of Inspector and Surveyor thereof," passed the 
twentieth of December, one thousand eight hundred and fifty- 
three 497 

An Act to incorporate the Keowee rnd Tuckaseegee Turnpike Com- 
pany., 497 

An Act to provide for the inspection of naval stores 500 

An Act to incorporate the Methodist Episcopal Church, South, on 

the York Circuit, and in the town of Yorkville 501 

An Act to confer upon alien widovvs the right to take and hold real 

estate 502 

An Act to amend an Act entitled " An Act to establish Clarendon 

County as a separate Judicial District" 502 

An Act to establish a Court of Equity for Clarendon District, and 

for other purposes 503 

An Act to establish the boundary line between the Parishes of St. 

Stephens and St. John's Berkeley 503 

An Act to vest in the Vestry and Church Wardens of the Parish of 
St. Thomas and vSt*. Dennis the power of purchasing and selling 
property for certain purposes. .s. 504 

An Act to provide for a supply of water to the public buildings in 

the city of Columbia 505 

An Act to authorize the City Council of Columbia to issue bonds or 

stocks, and for other purposes ^505 

An Act to amend an Act entitled " An Act to exempt the Beaufort 
Volunteer Company of Artillery from regimental reviews, and 
for other purposes," 506 

An Act to authorize the United States to purchase certain parcels of 
laud in this State for the erection of light houses and beacons, 
and to cede the jurisdiction of this State over the same, and for 
other pu rposes 506 

An Act to exempt the members of the Board of Fire Masters, and 
the officers and members of the incorporated Fire Engine Com- 
panies of the State of South Carolina, from ordinary militia 

duty after a certain period of service 507 

An Act to amend " An Act for the better ordering and governing 
negroes and other slaves in this province," passed the tenth day 
of May, seventeen hundred and forty ." 508 

Acts of 1857. 

An Act to raise supplies for the year commencing in October, one 

thousand eight hundred and fiftv-seven '. 509 



LIST OF ACTS. xv 

PAGE 

An Act to make appropriations for tlie year commencing in Octo- 
ber, one thonsand eight hundred and fifty-seven 510 

An Act to provide for the establishment of a Normal School in this 

State 516 

An Act to extend the powers of the Commissioners of Free Schools 

of the Parishes of St. Philip and St. Michael 517 

An Act to make malicious trespasses indictable .■ 517 

An Act to amend an Act entitled "An Act to alter the law in rela- 
tion to the action of trover, and for other purposes " 518 

Ah Act to provide for the further maintenance of the peace of this 

State, in relation to duelling 518 

An Act to provide for the administration of derelict estates 519 

An Act to increase the amount of the official bond of the Tax Col- 
lector of Lexington 521 

An Act to declare the tenure of lots on Sullivan's Island 521 

An Act to increase the number of the Commissioners of Free 

Schools for Lexington District 522 

An Act to amend the law in relation to grants for Catawba Indian 

lands 522 

An Act to establish the boundary line between the Districts of 

Sumter and Clarendon 523 

An Act to afford aid in completing the Spartanburg and Union 

Railroad 524 

An Act to amend the law in relation to trading with slaves 526 

An Act to authorize the United States to purchase a sufficient quan- 
tity of laud in the city of Columbia for the erection of a post 
office and Court House 526 

An Act to amend an Act to establish a rifle battalion iu the Parishes 

of St. Philip and St. Michael 527 

An Act to increase the penalty for setting fire to the woods 528 

An Act to protect the owners of neat cattle 528 

An Act to incorporate Trustees of the Keidville High Schools 529 

An Act to incorporate the Palmetto Savings Institution, in the city 

of Charleston 531 

An Act to amend the Constitution of the State, so that the Election 
District of Claremont shall hereafter be known and designated 
by the name of Sumter, and so that the Election Distiict of 
Liberty shall hereafter be known and designated by the name of 
Marion .". 633 

An Act to establish certain roads, bridges and ferries, and to renew 

certain charters heretofore granted '. 533 

An Act to incorporate certain societies, associations and companies, 

and to renew and amend the charters of others 535 

An Act to incorporate the Edisto Lumber and Timber Pond Com- 
pany 538 

An Act for the suspension of certain Sections of certain Acts, and 

for other purposes 539 

An Act to authorize the issue of bonds or stock for the purpose of 

continuing the construction of the new State House 541 

An Act to punish willful neglect or misconduct by railroad conduc- 
tors and engineers 542 

An Act to incorporate the South Carolina Copper Company 542 



XVI LIST OF ACTS. 

PAGE 

An Act for the relief of prosecutors and witnesses in criminal cases 

not ca pi tal 543 

An Act to provide for the sale of certain lands belonging to the 

vState 544 

An Act to incorporate the Columbia Ice Company 545 

An Act to renew and amend the charter of the town of Barnwell... 545 
An Act to incor[)orate the Cheraw and Coal Fields Railroad Com- 
pany in South Carolina 551 

An Act to incorporate certain religious and charitable societies, and 

societies for the advancement of education, and tp renew and 

amend the charters of others heretofore incorporated 553 

An Act to incorporate certain towns and villages, and to renew and 

amend certain charters heretofore granted 555 

An Act to renew and amend the charter of Cokesburv School, at 

Cokesbury, in Abbeville District 559 

An Act to incorporate the Relief Loan Association, of Charleston... 559 

A.n Act to incorporate the Santee and Sampit Canal Contpany 560 

An Act to regulate appeals in cases arising under the Ordinances of 

the City Council of Charleston 562 

An Act to amend an Act entitled " An Act for the remuneration of 

Peter, of George Pencil and of Scott" 562 

An Act to authorize the appointment of an additional Magistrate 

ior Pickens District, to reside at Tunnel Hill 563 

An Act to incorporate the Pickens Court House Church 563 

An Act to charter the Port Royal Railroad Company 564 

An Act to alter and amend the law in relation to the qualificati(m of 

Jurors 566 

An Act to incorporate the Cashier's Valley Turnpike Company 566 

An Act to incorporate the Sassafras Gap Turnpike Compau}^ 568 

An Act to amend the charter of the town of Summerville 570 

An Act to incorporate the "Independent Gas Comoany of the city 

of Columbia" .'. 571 

An Act to incorporate the village of Greenwood 572 

An Act to vest in the City Council of Charleston the fee simple of 

the Gaurd House lot 574 

An Act to exempt Managers of Election from the performance of 

ordinary militia duty 575 

An Act to repeal an Act entitled "An Act to increase the amount 

of property exempt from levy and sale," ratified the sixteenth 

day of December, in the year of our Lord one thousand eight 

hundred and fifty-one 575 

An Act to incorporate the Protestant Episcopal Church Building 

Society of South Carolina 576 

An Act to exempt the Beaufort Beat Company from Regimental 

and Battalion Reviews 577 

An Act to vest the title of the State in certain escheated property in 

sundry persons therein mentioned 577 

An Act t.) declare and establish the Military Divisions of Sumter 

and Clarendon Districts 578 

Resolutions reported by the Committee on Privileges and Electiouo 

adopted December, 1851 .,, 579 



LIST OF ACTS. xvii 

I- AGE 

Acts of 1858. 

Au Act to raise supplies for the year oommeiiaiiig iu October, one 

thousand eight hundred and fifty-eight 582 

An Act to make approjjriations for thtj year cominencii)g in Octo- 
ber, one thousand eight hundred and fifty-eight 583 

An Act providing for a Code of the Statute Law of South Caro- 
lina 589 

An Act to confirm the military divisions of Sumter and Clarendon 

Districts, and the elections held therein 590 

An Act to provide for a census of the free white inhabitants of this 
. State 590 

An Act to incorporate the Columbia and Hamburg Railroad Com- 
pany 593 

— Arir~Act to regulate the mode of electing Directors of the Bank of ^ 

the State of South Carolina, and for other purposes 595 

Au Act to alter the law iu relation to last wills and testaments, and 

for other purposes 597 

Au Act to authorize the issue of bonds or stock for the purpose of 

continuing the construction of the New State House 598 

An Act to incorporate certain societies, associations and companies, 

and to renew and amend the charters of others 599 

An Act providing for the punishment f>f privily stealing from the 

person 602 

j Au Act to authorize the South Carolina luiilroad Company to 

V ^retain its present bridge over Wateree River 602 

An ^ct to authorize the Commissioners of Public Buildings of 

Orangeburg District to sell the jail lot in said District 603 

An Act to incorporate the Cheohee Jliuiug Company 603 

An Act to incorporate the Blue Ridge Mining Company 604 

An Act to incorporate certain religious and charitable societies, 
and societies for the advancement of education, and to renew 
and amend the charters of others heretofore granted 605 

An Act to authorize the formation of a new volunteer company of 
artillery within the limits of the Fifteenth Regiment of In- 
fantry, South Carolina militia 610 

An Act to revive the charter of " The Society for the Relief of the 
Elderly and Disabled Ministers, and of the Widows and 
Orphans of the Clergy of the Independent or Congregational 
Church in the Stafee of South Carolina " 611 

An Act to incorporate certain towns and villager, and to renew and 

amend the charters of others heretofore grauted 611 

An Act to establish certain roads, bridges and ferries, and to renew 

and amend certain charters heretofore granted 015 

An Act to incorporate the Chauga Lime and Manufacturing Com- 
pany 617 

An Act to alter and amend the law in relation to the registration 

-^_._, of births, marriages and deaths 618 

/ An Act to incorporate the Georgetown Railroad Company 620 

An Act to aflbrd fcirther aid to the Northeastern Railroad Com- 

nany 622 

An Act to authorize the "Northeastern Railroad Company to con- 
tinue the use and present location of their track, near the city 
of Charleston, known as the crossing of the Meeting Street Road 622 
Vol. 12— b 



XVIII LIST OF ACTS. 

PAGE ( 

An Act to exteiul the charter of the Southwestern Railroad Bank.. (J2*i-^ 

An Act to secure the plirity of elections (524 

An Act to incorporate the Carolina Steam Packet Company 625 

An Act to amend an Act entitled " An Act for organizing the Fire 

Guard of Charleston " ..^ 62(3 

An Act to raise an independent battalion of militia in St. Helena 

Parish 627 

An Act to incorporate the South Carolina Stave and Barrel 

Factory 628 

An Act to vest the right and title of the State in a certain lot in 

Lexington village, in certain persons therein named 629 

An Act to authorize the formation of a new volunteer company of 
infantry in Lexington District, to be called the " Saluda 
Guards" 629 

An Act to alter and amend the 27th Section of an Act entitled 
" An Act for the better ordering and governing negroes and 
other slaves in this Province," passed the tenth day of May, 
in the year of our Lord one thousand seven hundred and 
forty 629 

An Act to repeal an Act entitled " An Act to define the terms 
upon which the State will aid in the construction of turnpike 
roads," ratified on the nineteenth day of December, in the 
year of our Lord one thousand eight hundred and thirty-eight.. 630 

An Act to provide for the appointment of Commissioners of the 

Poor for Williamsburg District 630 

An Act to increase the number of C::»mmissioners of Free Schools 
for St. Matthew's Parish, Kingst )U Parish and Barnwell 
District 631 

An Act to provide for the appointment of Commissioners of the 

Poor for the District of Lancaster 631 

An Act to increase the compensation of Grand and Petit Juiors 632 

An Act to incorporate the " Palmetto Fire Engine Company of Co- 
lumbia" > 632 

An Act to secure to mechanics, tradesmen and material men pay- 
ment for work done and materials and supplies furnished to 
ships and vessels owned in this State 633 

An Act to amend "An Act concerning the Lunatic Asylum," passed 
in the year of our Lord one thousand eight hundred and thirty- 
one 633 

An Act to increase the compensation of owners of slaves executed... 633 

An Act to exempt Samuel Kivers Cox, a free person of color, from 

capi tati on tax 634 

An Act to punish assaults committed with concealed weapons 634 

An Act to authorize the City Council of Charleston to appoint In- 
spectors of Naval Stores 635 

Acts of 1859. 

An Act to raise supplies for the year commencing in October, one 

thousand eight hundred and fifty-nine 635 

An Act to make appropriations for the year commencing in October, 

one thousand eight hundred and fifty-nine 637 

An Act to alter and amend the road law of this State 642 



LIST OF ACTS. xix 

PA(JE 

An Act to apportion the representation of this State (^545 

An Act to establish a separate Court of Ap])oals <547 

An Act to provide for the election of an additional law Judge 649 

An Act further to provide for a Code of the Statute Law of South 

Carolina 649 

An Act to authorize the Boards of Commissioners of Roads of cer- 
tain Districts to make subscriptions to the Greenville and 
French Broad Railroad, and to the Blue Ridge Railroad in 

South Carolina 651 

An Act to afford aid to the Laurens Railroad Company 653 

An Act to grant aid to the Blue Ridge Railroad 654 

An Act to repeal the ninth Section of an Act entitled" An Act to 
authorize aid to the Blue Ridge Railroad Companv in South 

Carolina" ^ 655 

An Act to provide for the peace and security of this State 655 

An Act to require and regulate the granting of licenses to, itinerant 

salesmen and traveling agents 656 

An Act to authorize the formation of a volunteer company of light 

infantry within the limits of the Thirty-fourth Regiment South 

Carolina Militia, and to incorporate the same ; and to establish 

a corps of pioneers in the regiment of Artillery in Charleston.. 658 

An Act to provide for the formation of a regiment of rii3es in the 

city of Charleston 659 

An Act to attach the German Hussars of Charleston to the Upper 
Squadron of the Fourth Regiment of the Second Brigade of 

Cavalry 659 

An Act to increase the powers of Commissioners of Roads of Spar- 
tanburg District, and for other purposes 660 

An Act to charter the People's Railroad Company 6(10 

An Act to charter the Chester and Newberry Railroad Company.... 662 
An Act to incorporate the Brasstown and Panther Creek Turnpike 

Company 664 

An Act to incorporate the Wateree Embankment Company i^do 

An Act to incorporate the Home Loan and Building Association.... 666 
An Act to incorporatf the Savings Building and Loan Association.. 667 
An Act to amend the law in relation to the suspension of specie 

payments by the banks of the State 668 

An Act to authorize the President and Directors of the Bank of the 
State of South Carolina to establish a branch of the said bank 
at some convenient point in the western or northwestern portion 

of this State 669 

An Act to amend the charter of the Bank ot Chester, South Caro- 
lina 669 

An Act to authorize the issue of bonds or stock for the purpose of 

continuing the construction of the New State House 670 

An Act to establish the boundary line between the Districts of Marion 

and Darlington 671 

An Act to enlarge the powers of the Commissioners in Equity of 

this State, in certain respects 671 

An Act to {)rovide for the appointment of an additional Board of 

Commissioners of Fish Sluices for Broad River 672 

An xVct to regulate the amount of the penalty of the bonds of Tax 

Collectors 672 



XX LIST OF ACTS. 

PAGE 

An Act to aiitliorize the several Boards of Commissioners of this 
State to fix tlie rate- of commissions to be charged by their re- 
spectiveTreasurers for receiving and paying out the public funds, 
and for other purposes 673 

An Act to amend the law in relation to Sheriffs 674 

An Act to incorporate the Elmore Mutual Insurance Company, to be 

located in the city of Charleston 675 

An Act to incorporate certain towns and villages, and to renew and 

amend certain charters heretofore granted 678 

An Act to incorporate certain religious and charitable societies, and 
societies for the advancement of education, and to renew and 
amend the charters of others heretofore granted 6,82 

An Act to incorporate certain societies, associations and companies, 

and to renew and amend the charters of others 687 

An Act to alter and amend the charter of the town of Aiken 602 

An Act to estabiif<h certain Roads, Bridges and Ferries, and to re- 
new and araead certain charters heretofore granted 698 

An Act to provide for the organization of a proper Fire Guard in 

the city of Charleston 702 

An Act to exempt from City Taxes that portion of Charleston lying 

north of Shepherd street 702 

An Act to af!;)rd increased facilities for the administration of justice 

in Charleston District 703 

An Act to amend the law in relation to homicide 703 

An Act to amend an Act entitled " An Act to alter and amend the 
law in relation to the qualification of Jurors," ratified on the 
twenty-first day of December, in the year of our Lord one 
thousand eight hundred and fifty-seven 704 

An Act for the relief of Jacob Feaster 705 

An Act to alter the law in relation to the commissions of Guardians, 

Executors and Administrators 705 

An Act to i)rovide f)r compensation in damages to the families of 

persons killed by the fault of others 706 

An Act to make owners of dogs liable for sheep killed by them 707 

An Act te vest all the right and title of the State in and to certain 

property subject to escheat in certain persons therein mentioned. 708 

An Act to confer the rights of legitimacy on certain children of 

John Monts 709 

An Act to amend an Act entitled " An Act to charter the Wil- 
mington and Manchester Railroad Company" 709 

An Act to authorize the Commissioners of Public Buildings for 

Richland to sell a certain piece of land in the city of Columbia, 710 

An Act to amend the charter of the town of Camden in certain 

particulars 710 

An Act to authorize the Commissioners of Public Buildings for Wil- 
liamsburg District to sell certain portions of the public grounds 711 

An Act to exempt teachers and students from the performance of 

road d u ty 711 

An Act to provide for the appointment of additional Magistrates 

for Lexington and Georgetown Districts 712, 

An Act to punish attempts to poison 712 

An Act to alter the law as to legal proceedings against railroad 

companies 713 



LIST OF ACTS. xxi 

PAGE 

Au Act to alter and amend the ninth Section of an Act entitled 

"An Act to authorize the formation of limited partnerships"... 713 
An Act to alter the time for counting the votes for Ta.K Collector of 

Orange Parish 714 

A Bill to alter and amend the tenth Section of the first Article of 

the Constitution of South Carolina 714 

A Bill to alter and amend the third Section of the first Article of 

the Constitution of this State 715 

Acts of 18G0-61. 

Au Aet to raise supplies for the year commencing in October, one 

thousand eight hundred and sixty 715 

An Act to make appropriations for the year commencing in Octo- 
ber, one thousand eight hundred and sixty 719 

An Act to provide an armed military force 726 

An Act creating a military establishment for the State of South 

Carolina, and for other purposes 730 

An Act to establish a Board of Ordnance and an Ordnance Bureau, 

and for other purposes 732 

An Act to prescribe the form of permits for slaves to be absent 

fro m the owner's premises 734 

An Act to provide for the calling of a Convention of the people of 

this State 734 

Au Act to postpone the operation of the third Sectiou of an Act 
entitled " Au Act for the suspension of certain Sections of cer- 
tain Acts, and for other purposes," ratified on the twenty-first 
day of December, in the year eighteen hundred and fifty-seven, 
and for other purposes 735 

Au Act to repeal the seventh Section of an Act entitled " Au Act 
for the more effectual relief of insolvent debtors, and for other 
purposes," passed the seventh day of April, one thousand seveu 
hundred and fifty-nine.. 736 

An Act to amend the law in relation to house burning 737 

An Act to provide for the proper administration of the admiralty 
and maritime law in the State of South Carolina, and for other 
purposes 738 

An Act to incorporate the Calhouu Guards 740 

Au Act to authorize the formation of a new volunteer company, to 

be called the St. Paul's Rifles ". 741 

An Act to authorize the formation of a new volunteer company of 
infantry within the limits of the Fifteenth Regiment of South 
Carolina militia, to be called the Lexington Volunteer Rifle 
Company, and to incorporate the same, and to authorize the 
formation of certain other new volunteer companies, and for 
ot her pu rposes 741 

Au Act to authorize the formation of a volunteer company of rifle- 
men within the limits of the Seventh Regiment South Carolina 
militia, and to incorporate the same 743 

Au Act to amend an Act entitled " Au Act to convert the Arsenal, 
at Columl)ia,and the Citadel and Magazine in and near Charles- 
ton, into military schools , 744 

An Act to establish a corps of Military Engineers 745 



XXII LIST OF ACTS. 

PAGE 

An Act to provide a patrol and military guard for the city of ^ 
Charleston, and for. other purposes 745 

An Act to provide for compensation to owners of property taken for 

public purposes • 747 

An Act to alter and amend the law in relation to the method of 

counting votes in all elections by the people 748 

An Act to repeal certain Acts in relation to the registration of 

births, marriages and deaths in the State of South Carf)lina 748 

An Act to authorize the formation of a volunteer company within 
the limits of the Independent Battalion attached to the Thir- 
teenth Regiment of Infantry 749 

An Act to amend an Act entitled "An Act to afford increased 

facilities for the administration of justice in Charleston District " 750 

An Act to authorize the formation of a troop of cavalry at Spar- 
tanburg village, to be received into the Upper Squadron, Ninth 
Regiment, Fifth Brigade of South Carolina Cavalry, and to 
incorporate the same 750 

An Act to amend the charter of the town of Georgetown in sundry 

particulars 751 

An Act to provide for the mainteuance of a police guard in the 

town of Georgetowi) 753 

An Act to incorporate the Greenville Gas Light Company 754 

An Act to lend the name and credit of the State to the Greenville 
and Columbia Railroad Company, in the re-adjustment of their 
debt 756 

An Act to authorize the formation of a new volunteer company of 
infantry within the limits of the Twenty-Sixth RegiB)ent of 
South Carolina militia, to be called the Chester Rifles, and to 
incorporate the same 758 

An Act to incorporate certain religious and charitable societies, and 
societies for the advancement of education, and to renew and 
amend the charters of others heretofore granted 759 

An Act to incorporate the Buford's Bridge Railroad Company 761 

An Act to declare a certain portion of Four Holes Creek a naviga- 
ble stream , 762 

An Act to amend an Act entitled "An Act to enlarge and extend 
the powers of the Governor, and of the City Council of Charles- 
ton, over quarantine, and for other purposes," passed on the 
twentieth day of December, in the year of our Lord one thou- 
sand eight hundred aud thirty-two 768 

An Act to renew and amend the charter of the town of Greenville... 763 

An Act to authorize the issue of bonds or stock for continuing the 

construction of the new State House. 771 

An Act to alter and amend an Act entitled " An Act to make mali- 
cious trespasses indictable" 772 

An Act to incorporate the Presbyterian Church of Aiken 772 

An Act to incorporate the West Point Mill Company '. 773 

An Act to authorize the " Railroad Accommodation Wharf Com- 
pany " to construct a a draw bridge over Mazyckborough Creek 774 

An Act to incorporate the Due West Female College 775 

An Act to increase the powers of Commissioners of Public Buildings 775 

An Act to incorporate the Central Railroad Company of South Caro- 
lina 776 



LIST OF ACTS. xxiri 

I'AOE 

An Act. to incorporate the village of Ninety-Six 779 

An Act to anthorize the appointment of a Special Magistrate for the 
town of Sutnmerville, and an additional Magistrate for Lexing- 
ton District , 782 

An Act to amend the charter of the Laurens Railroad Company 782 

An Act to incorporate certain towns and villages, and to renew and 

amend certain charters heretofore granted 783 

An Act to alter the law in relation to fish sluices in Broad River.. 788 
An Act to establish certain roads, bridges and ferries, and to renew 

and amend certain charters heretofore granted 788 

An Act to incorporate the Charleston City Railway Comj)any of 

South Carolina.., ., 791 

Au Act to repeal an Act entitled " An Act to require and regulate 
the granting of licenses to intinerant salesmen and travelling 

agents" 792 

An Act to vest in certain persons all the right, title and interest of 

the State, by escheat, in and to certain property 793 

An Act to aid in the construction of the Georgetown Railroad 794 

An Act to incorporate "Ninety-Six Church" 796 

An Act to incorporate the Shoe and Leather Manufacturing Com- 
pany 797 

An Act to incorporate certain societies, associations and companies, 

and to renew and amend the charters of others 798 

An Act to amend and renew the charter of Grace Church, Charles- 
ton 801 

An Act to incorporate the Citizens' Line Railway Company of 

Charleston, South Carolina 802 

An Act to alter and amend the charter of the Hamburg and Edge- 
field Plank Road Company 804 

An Act to incorporate the New Building and Loan Association 804 

An Act for the establishment of a Coast Police for the State of 

South Carolina 805 

An Act to incorporate the Barnwell Railroad Company 807 

An Act to incorporate the Bennettsville and Society Hill Railroad 

Company 808 

An Act to amend the charter of the Georgetown Railroad Con^pany, 
so as to authorize the said company to extend their road to 
Bishopville, in Sumter District, and to reduce the amount of 
stock necessary to be held by any one before becoming a Direc- 
tor or officer in said company 810 

An Act to amend the charter of the town of Sumter 810 

An Act to incorporate the Presbyterian Church of Yorkville 811 

Au Act to increase the number of Commissioners of Roads for 

Kingston Parish, and for other purposes 812 

An Act to authorize the issue of certificates or stock to provide for 

the military defence of the State 813 

An Act to provide for the appointment of an additional Magistrate in 

All Saints Parish 814 

An Act to repeal the Acts of incorporation of the town of Bluffton.. 815 
A Bill to alter and amend the tenth Section of the first Article of 

the Constitution of the State of South Carolina 81o 

A Bill to alter and amend the third Section of the first Article of 

the Constitution of this State 816 



STATUTES AT LARGE. 



AN ACT TO Raise Supplies for the year commexcing in a. d. 1850, 
October, one thousand eight hundred and fifty. ""- — v — ^ 

No. 4002. 
I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That a tax for the sums, and in the manner hereinafter men- Tax on lands. 
tioned, shall be raised and paid into the public treasury of this 
State for the use and service thereof, that is to say : fifty-three cents 
ad valorevi on every hundred dollars of the value of all the lands 
granted in this State, according to the existing classification hereto- 
fore established ; one-half cent per acre on all lands lying within 
the Catawba Indian boundary, to be paid by each grantee or lessee 
of said Indian lands, until otherwise directed bylaw; eighty-five 
cents per head on all slaves ; two dollars on each free negro, mulatto Slaves and 
and mustizoe between the ages of fifteen and fifty years, except such ^'^'^ ^^^'^°^^' 
as shall be clearly proved, to the satisfaction of the Collector, to be 
incapable, from maims or otherwise, of procuring a livelihood; 
thirty-seven and oue-half cents ad valorem on every hundred dollars 
of the value of all lots, lands and buildings within any city, town, T:'Ots and 
village or borough in this State; ninety cents per hundred dollars '"' ^ '"=-• 
on factorage, employments, faculties and professions, (whether in 
the profession of the law, the profits to be derived from costs of 
suit, fees or other sources of professional income,) and on the amount 
of commissions received by Vendue Masters and Commission Mer- anTi'^other em- 
chants, (clergymen, schoolmasters, schoolmistresses and mechanics pioyments. 
excepted ;) ninety cents upon every hundred dollars' worth of goods, 
wares and merchandise, embracing all the articles of trade, for sale, 
barter or exchange, (the products of this State, and the unmanufac- Merchandise. 
tured products of any of the United States or Territories thereof, 
excepted,) which any person shall use or employ as articles of trade, 
sale, barter or exchange, or have in his, her or their possession on 
the first day of January in the year of our Lord one thousand eight 
hundred and fifty-one, either on his, her or their own capital or bor- • 

rowed capital, or on account of any person or persons, as agent, 
attorney or consignee; ninety cents upon every hundred dollars' 
worth of goods, wares and merchandise whatever, which any tran- 
sient person, not resident in this State, shall sell or expose for sale, 
in any house, stall or public place; one dollar and fifty cents on 
every hundred dollars of interest or profit raised or derived on 
money loaned or employed by private individuals iu shaving or dis- 
counting notes, bonds, judgments or executions ; ten dollars per day rubiic exhi- 
for representing publicly, for gain and rewanl, any play, comedy, t)itions. 
tragedy, interlude or farce, or other employment of the stage, or any 
part therein, or for exhibiting wax figures, or other shows, of any 



4 STATUTES AT LARGE 

A. D. 1850. kind whatsoever, to be paid into the hands of the Clerks of the 

^""^v-""^ Courts respectively, who shall be bound to pay the same into the 
public treasury, except in cases where the same is now required by 
law to be paid to corporations or otherwise. 

To Avhom to II. That all taxes levied on property, as prescribed in the first 
Section of this Act, shall be paid to the Tax Collector for the Dis- 
trict or Parish in which said property is located. 

Direct Euro- m "phg o-Qods which shall be imported directly from Europe in 

tious exempt- any vessel owned by citizens oi South Carolina shall be exempt 

^'^' from taxes in the hands of the original importer. And it shall be 

the duty of the Tax Collectors to require every importer making a 

return of stock in trade to produce the original invoice, whenever 

an exemption from taxation shall be claimed under this Section. 

Machinery IV. In making assessments for taxes, the value of taxable prop- 
not assesse . gj,j.y ^jggj jj^ manufacturing within this State, the value of the ma- 
chinery used therein shall not be included, but only the value of 
the lots and buildings as property merely. 

Commissions V. The Tax Collectors shall be entitled only to a commission of 
torJ'^'"^ *^"'^''''' ^^^^ P®^ cent, upon the increase of taxes raised by this Act over 
those of the last year; excepting, however, the Tax Collector of St. 
Philip's and St. Michael's, who shall be entitled only to the com- 
mission specially provided for him. 

Returns of VI. That the Tax Collectors in the several Districts and Parishes 
in this State, in their returns hereafter to be made, be, and they are, 
required and enjoined, to state the precise amount of taxes collected 
by them for the purpose of supporting the police of the said several 
Districts and Parishes aforesaid, stating the rate per centum on the 
amounts of the State tax collected for said District and Parish 
police purposes. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in 
the seventy-fifth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON", President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



Tax Collectors. 



No. 4003. AN ACT to make Appropriations for the Year commen- 
• ciKG IN October, one thousand eight hundred and fifty. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That the following sums be, and they are hereby appropriated 
for the payment of the various officers and expenses of the State 
government, that is to say : 
De irtment^^^ ^^ '^"^ EXECUTIVE DEPARTMENT. — For the salary of the Gov- 
ernor, three thousand five hundred dollars ; for the Private Secretary 
of the Governor, five hundred dollars ; for the Messenger of the 
Governor, two hundred and fifty dollars; for contingent fund of the 
Executive Department, ten thousand dollars, to be subject to the 



OF SOUTH CAROLINA. 5 

draft of the Governor, and to be accounted for annually by him to ^- ^- ^*"''^- 
the Legislature ; for the rent of the Governor'.-* house, in Columbia, ^"~v~"''^ 
three hundreil dollars. 

II. In Tin: Li:gisilative DKrAKTMRNT. — For the pay of the Legislative 
Members of the Legislature, and the Solicitors and Attorney Gen- 
eral, during the present session, twenty-one thousand dollars, if so 
much be necessary; for tlie salaries of the Clerks of the Senate and 
House of Representatives, one thousand dollars each, and to the 
said Clerks, for the services of two Assistant Clerks, two hundred 
and fifty dollars for the Clerk of the House, and two hundred and 
fifty dollars for the Clerk of the Senate, to be paid at the adjourn- 
ment of the Legislature; for the salaries of two Messengers and two 
Doorkeepers, each two hundred and fifty dollars, to be paid at the 
adjournment of the Legislature ; for the salary of the Keeper of the 
State House and Librarian, seven hundred dollars; for the salaries 
of the Reading Clerks of the Senate and House of Rep«esentatives, 
each two hundred and fifty dollars, to be paid at the end of the 
session ; for the services of Engrossing Clerks, to be paid under the 
direction of the Speaker of the House and President of the Senate, 
two hundred dollars ; for the Printers to the Senate and House of 
Representatives, in pursuance of the contracts made by the Com- 
mittees of both Houses, five thousand dollars, if so much be neces- 
sary, for the printing executed by the said printers during the pres- 
ent session of the Legislature, the same to be paid to them as soon 
as the amount of the said contracts shall bo ascertained by the 
Treasurer of the Upper Division ; for the Printer, for printing in 
pamphlet form the Acts, Journals of both Houses, Reports and Re- 
solutions agreed to, the Governor's Message, Reports of the President 
of the Bank and Comptroller General, with the usual accompany- 
ing documents, two thousand five hundred dollars, if so much be 
necessary: Provided, That the number of copies specified in the 
proposals of the Printers, as accepted by the Legislature, shall be 
printed and deposited in the office of the Treasurer of the Upper 
Division, at Columbia, before the twentieth day of February next; 
and the amount to be paid, according to the proposals, shall be as- 
certained by the Treasurer aforesaid : And further provided, That 
the Printer of the Acts and Journals do publish in his newspaper, 
at Columbia, all the public Acts which may be passed at the present 
session, within three weeks after the adjournment of the Lcgishiture; 
for Benjamin Hart, for contingent expenses during the present ses- 
sion of the Legislature, twelve hundred dollars, if so much be ne- 
cessary, to be accounted for by him at the Treasury, and reported 
by the Treasurer to the General Assembly ; for stationery, fuel, dis- 
tributing Acts, expenses for the election returns, fourteen hundred 
dollars, if so much be necessary ; for the purchase of books for the 
Library of the Legislature, five hundred dollars; for repairs of the 
State House and grounds, under the Committees of both Houses, 
five thousand dollars, if so much be necessary. 

III. In the Judiciary Department. — For the salaries of ten Judiciary 
Judges, three thousand dollars each ; for the salary of the Attorney Department. 
General, eleven hundred dollars ; for the salaries of five Solicitors, 
nine hundred dollars each ; for the Clerk of the Court of Appeals 
in Columbia, six hundred dollars; for the salary of the Messenger 



6 STATUTES AT LARGE 

A. D. 1850. of the said Court at Columbia, two hundred and fifty dollars : Pro- 

*"" Y~~^ vided, It shall be the duty of said Messenger to summon all mem- 
bers of the bar, who are members of the Legislature, when their 
cases may be called for trial ; for the salary of the Librarian of the 
Court of Appeals in Columbia, two hundred dollars, the same to 
include the expenses of fuel ; for the purchase of books for the Li- 
brary of the Court of Appeals at Columbia, five hundred dollars; 
for firewood and fuel for the Court of Appeals at Columbia, fifty 
dollars, if so much be necessary; for the salary of the Clerk of the 
Court of Appeals in Charleston, six hundred dollars; for the salary 
of the Messenger of the same Court in Charleston, two hundred and 
fifty dollars; for the salary of the Librarian of the Court of Ap- 
peals in Charleston, two hundred dollars, to include expense of fuel; 
for firewood and fuel for the Court of Appeals at Charleston, fifty 
dollars, if so much be necessary ; for the purchase of books for the 
Library ofthe Court of Appeals at Charleston, five hundred dol- 
lars ; for the salary of the State Reporter, fifteen hundred dollars ; 
and the several appropriations aforesaid for the Clerks, Librarians, 
Messengers, Reporter, and for the incidental expenses ofthe Courts 
of Appeals, shall be paid by the Treasurer only upon warrants to 
be drawn by the presiding Judges ofthe Courts of Appeals, at such 
times and for such portions as tliey may deem just and proper ; and 
it shall be the duty of the said Reporter to attend in person, or by 
deputy, the sittings of the Courts of Appeals and Errors, in Colum- 
bia and Charleston, and to report such arguments and statements of 
facts as may be necessary to a correct understanding of the decisions 
ofthe said Courts; for the pay of jurors and Constables, forty 
thousand dollars, if so much be necessary. 
Treasury IV. In THE TREASURY DEPARTMENT. — For the Salary of the 
Department. Comptroller General, two thousand dollars; for the salary of the 
Clerk of the Comptroller General, seven hundred and fifty dollars, 
the said Clerk to be appointed and removable at the pleasure of the 
Comptroller General; for the salary of the Treasurer of the Lower 
Division, and for transacting the business of the Loan Office, and 
for Clerk hire, two thousand dollars; for the salary of the Treasurer 
of the Upper Division, and for Clerk's hire, sixteen hundred dol- 
lars ; for the Assessor of St. Philip's and St. Michael's, for making 
out and affixing assessments of each return, eight hundred dollars. 

South Caro- V. FoR THE SouTH CAROLINA COLLEGE. — For the Salary of 
ege. ^YiQ President of the College, three thousand dollars ; for the salaries 
of seven Professors of the College, two thousand five hundred dol- 
lars each ; for the salary of the Treasurer of the College, five hun- 
dred dollars ; for the salary of the Librarian of the College, six 
hundred dollars ; for the salary of the Secretary of the Board of 
Trustees, two hundred dollars; for the salary of the Marshal, four 
hundred dollars; the salaries ofthe President, Professors, Treasurer 
and Librarian, to be paid by the Treasurer of the Upper Division, 
quarterly, in advance, their draft being countersigned by the Trea- 
surer of the College; for the purchase of books for the College Li- 
brary, two thousand dollars, to be paid to the draft of the President 
of the College, countersigned by the Treasurer of the same. 

Ordinary VI. FoR THE ORDINARY CiviL EXPENSES. — For the payment 
e.\penses. ^^ ^j^^ contingent accounts ofthe Upper Division, twenty thousand 



OF SOUTH CAROLINA. 7 

dollars, if so much be necessary ; for the payment of the contingent ^- ^- ^"^ ''^• 
accounts of the Lower Division, fifteen thousand dollars, if so much ^"""v^"^ 
be necessary ; for the Commissioner to be ajjpointed by the Governor 
to superintend the Public Works, one hundred and fifty dollars ; for 
the payment of Pensions and Annuities, three thousand dollars, if 
so much be necessary; for the payment of such claims as shall be 
admitted by the Legislature at its present session, twenty thousand 
dollars, if so much be necessary ; for the supi)ort of Free .Schools, 
thirty-seven thousand five hundred dollars, if so much be necessary; 
for the education of the Deaf and Dumb, and of the Blind, two 
thousand five hundred dollars, if so much be necessary; for refund- 
ing Taxes, and i)aying for Stock Certificates and Interest, as directed 
by the reports of the Committee of Ways and Means, and of Fi- 
nance, and agreed to by the Legislature, five hundred dollars, if so 
much be necessary ; for the payment of such other claims or de- 
mands on the State as may be allowed by the General Assembly 
upon the reports of other Committees, three thousand dollars, if so 
much be necessary ; for interest on the three per cent. Stock, five 
thousand dollars, if so much shall be necessary ; for compensation, 
according to the Act of eighteen hundred and forty-three, for slaves 
executed, two thousand dollars, if so much be necessary. 

VII. For Military Expenditures. — For the salaries of the Miiitnr.v ex- 
following officers, viz: Adjutant and Inspector General, two penditurcs. 
thousand five hundred dollars; Arsenal Keeper at Charleston, one 
thousand dollars; Arsenal Keeper and Powder Receiver at Colum- 
bia, at the rate of four hundred dollars per annum ; Physician of 
the Jail and Magazine Guard at Charleston, five hundred dollars ; 
and for the support of the Arsenal and Magazine Guard at Charles- 
ton, sixteen thousand dollars, if so much be necessary; for the sup- 
port of the Arsenal and Magazine Guard, at Columbia, eight 
thousand dollars, if so much be necessary ; and the Arsenal and 
Magazine Guard shall be under the direction of the Governor, so 
that their support shall nut exceed the appropriations respectiveb' ; 
for repairing arms, and Arsenal purposes, in Charleston and Colum- 
bia, two thousand dollars, if so much be necessary ; for the Military 
Accounts, as agreed to by both branches of the Legislature, one 
hundred dollars, if so much be necessary ; for the Military contin- 
gencies, twenty-five thousand dollars, to be drawn and accounted 
for as directed by the Legislature; for defraying the exj)enses of 
Artillery Companies throughout the State, fourteen hundred dollars, 
if so much be necessary, to be drawn and applied in the manner 
prescribed by the Act in relation to that subject ; for the Quarter- 
master General, five hundred dollars; for the services of the Secre- 
tary of State, during the ensuing year, for all services in issuing all 
military commissions, eight hundred dollars, in lieu of all other 
charges for these services, to be paid as other salaries are directed 
to be paid by law ; for Military Expenditures, as recommended iu 
the report of the Committee on the Military, to be drawn and ex- 
pended as set forth in the same, and in an Act to provide for the 
defence of the State, three hundred and fifty thousand dollars ; for 
increasing the accommodations for Cadets in the Citadel Academy, 
agreeably to a resolution of this General Assembly, one thousand 
dollars. 



8 STATUTES AT LARGE 

A. D. 1850. VIII. That of the amounts hereinbefore appropriated to military 
^~^><^~^ purposes, the Governor be authorized to apply sixteen thousand 
thi Gov'enfo/." dollars for the construction of a suitable magazine or magazines, in 
the Citadel Square, in Charleston, to be expended under the direc- 
tion of the Board of Ordnance. 

Ordinary lo- IX. FoR ORDINARY LoCAL EXPENDITURES. — For the Support 

cai expenses, ^j' ^|jg transient poor of Charleston, four thousand five hundred 
dollars, to be paid to the City Council of Charleston, and accounted 
for by them to the Legislature ; for the salary of the Port Physician 
in Charleston, including boat hire and other incidental expenses, 
eight hundred dollars ; for the execution of the Quarantine Laws at 
Charleston, one thousand dollars, if so much be necessary, to be 
paid to the City Council of Charleston, and expended under their 
direction ; for the salary of the Superintendent of the Fire Proof 
Building, in Charleston, during the present year, one hundred dol- 
lars ; for the support of the transient poor of Georgetown, five hun- 
dred dollars, to be expended by the Commissioners of the Poor of 
Prince George, Winyaw, to be accounted for by them to the Legis- 
lature ; for the salary of the Pilot of the harbor and bar of George- 
town, three hundred and twenty dollars ; for aiding the support of 
a Ferry on Elliott's Cut, two hundred dollars, subject to the order 
of the Commissioners of Roads for St. Andrew's Parish. 

expendUur""^ ^- ^^^ EXTRAORDINARY EXPENDITURES.— For the Catawba 
Indians, to be applied under the Act of 1840, two thousand five 
hundred dollars, if so much be necessary ; for indexing the records 
in the Secretary of State's office, to be paid R. Q. Pinckney, accord- 
ing to the report of the Committee of Ways and Means, twelve 
hundred and fifty dollars ; for the legal representative of Casimer 
Patrick, fifteen hundred dollars, to be paid as provided in the re- 
port of committee; for the Delegates to the Nashville Convention, 
five thousand two hundred dollars, if so much be necessary, to be 
paid in portions to such delegates as may file an account, and claim 
the said account at the Treasury. 
Calhoun XI. Ten thousand dollars to meet expenses of publication of 
Calhoun's manuscripts, ordered by the Legislature, as approved by 
resolution of both Houses. 

Internal im- XII. FOR INTERNAL IMPROVEMENTS. — For the repairs of Lock- 

hart's Shoals Canal, one thousand dollars, if so much be necessary, 

to be applied by the Commissioner of Public ^Yorks in pursuance 

of the report of the Committee of Internal Improvements. 

Bank of the XIII. For the purpose of meeting the appropriations made by 

ap^iro'^pTfa- this Act, the President and Directors of the Bank ot the State 

tions. shall, from the current profits of the bank, carry to the credit of the 

Treasury a sufficient amount, not to exceed, however, the sum of two 

hundred thousand dollars. 

. Public buiM- XIV, FoR PuBLic BuiLDiNGs. — For building a new jail at 

^°^*" Edgefield Court House, three thousand five hundred dollars, to be 

drawn and expended by the Commissioners of Public Buildings for 

said District ; for arranging and fixing papers in the Treasurer's 

Office of Upper Division, two hundred dollars ; for building a fence 

around the Arsenal Academy, Columbia, four hundred dollars, to 

be drawn and expended under the direction of the Governor ; for 

building a new Court House at Chester, eight thousand dollars, to 



OF SOUTH CAROLINA. 1 

be drawn and expended by the Commissioners of Public Buildings ^- ^- 1^'''^'- 
of said District. ^"-~y-"-^ 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in 
the seven ty-hfth year of the sovereignty and independence of 
the United States of America. 

KOBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO PROVIDE FOR THE INSPECTION OF FlOUR. No. 4004. 

I. Be it enacted by the Senate and House of Representatives, now Enacting 
met and sitting in General Assembly, and by the authority of the 

same, That from and after the first of January next, it shall not be 
lawful to sell in, or export from the city of Charleston, any barrel, 
half barrel, or bag of flour or meal of wheat, rye or corn, unless 
the same shall have been first submitted to the view and examina- 
tion of the Inspector of the aforesaid city, and by him examined in 
some lot, street or warehouse, open and accessible to all persons. 

II. That each and ever}' cask or barrel containing flour or meal Cafks. &c.,to 
of wheat, rye or corn, brought into, or manufactured in the city of chantiibie con- 
Charleston, for sale or exportation, shall be well made, of good sea- ^^'t"^"- 
soned materials, and sufficiently hooped and nailed, and all casks or 

barrels not made as aforesaid, and not in merchantable condition, 
but capable of being made so at a reasonable expense, the said In- 
spector shall cause to be repaired, and put in merchantable condi- 
tion, at the expense of the owner thereof 

III. That each and every barrel submitted for inspection as Weightrcgu- 
aforesaid, shall contain such quantity of flour or meal, as upon in- '^ ^ " 
spection shall be found to be of the nett weight of one hundred and 
ninety-six pounds, and each and every half barrel shall contain such 

quantity as shall be of the nett weight of ninety-eight pounds : and 
all barrels or half barrels containing a less quantity than as afore- 
said, the said Inspector shall cause to be made of full weight, at the 
expense of the owners thereof. 

IV. That every cask, or bag of flour or meal, submitted to the 

view and examination of the Inspector as aforesaid, shall by him be spectorf °^ 
searched and tried, by boring on the head and piercing it through 
with an instrument, by him to be provided ; and he shall, after- 
wards, plug the same with soft seasoned wood, to prevent the en- 
trance of water therein ; and, if the Ins[)ector shall judge the same 
to be merchantable, he shall brand every such cask or bag with the 
word Charleston, and shall brand the degrees of fineness of which 
he shall on inspection determine the said flour or meal to be, in let- 
ters of half an inch in length, which degree shall be distinguished 



10 STATUTES AT LARGE 

A. D. i&io. as follows, to wit : Super, fine, first middlings or second middlings, 

^"""^r^^-^ fii-gt rye, second rye, first corn or second corn, as the case may be; 
but if, on examination, it proves unsound, then he shall mark the 
cask or bag with the broad arrow, for which the owner or agent 
thereof sliall pay the said Inspector five cents for each and every 
barrel, half barrel, or bag, by him inspected ; and no barrel, half 
barrel, or bag of flour or meal, not examined and inspected, as 
aforesaid, shall be offered for sale, or exported, under the penalty of 

Pciiiilty. gyg dollars for each and every ])arrel, half barrel, or bag of flour 
or meal so offered for sale, or exported, to be jmid by the seller or 
, exporter thereof. 

Forfeiture V. That, if any person shall alter, erase, or deface the mark or 
foriraud. brand, made by the Inspector, on any barrel, half barrel, or bag of 

flour or meal, or shall brand any barrel, half barrel, or bag of flour 
or meal, which hath not been inspected, with a mark or bi*and, simi- 
lar to, or in imitation of the Inspector's mark or brand, or shall 
re-pack a barrel, half barrel, or bag of flour or meal previously in- 
spected, without first erasing the Inspector's marks thereon, the per- 
son so oflTending shall forfeit and pay, for each and every such 
offence, the sum of fifty dollars. 

Molesting VI. That, if any person shall prevent, or attempt to prevent the 
Inspector. Inspector from exercising the duties assigned to him in this Act, he 
shall forfeit and pay, for every such offence, the sum of twenty 
dollars. 

Inspector YU That the Inspector of Flour and Meal shall not purchase, 

not to trade. .^, i- ,i • i- i n i /> i 

either directly or indirectly, any flour or meal, lor sale or exporta- 
tion, under the penalty of ten dollars for each and every barrel, 
half barrel, or bag of flour or meal, by him so jiurchased, and sold 
or exported. 
Governor to VUI. That the Governor shall, on or before the twentv-fifth day 

appoint the in- ^ t-v i • t " ^ i 

spcctor. or December next, appoint a competent person as Inspector for the 

Parishes of St. Philip's and St. Michael's, who shall hold his office 
for two years, and who shall give bond to the State of South Caro- 
lina, with good security, to be approved by the City Council of 
Charleston, in the penal sum of two thousand dollars, conditioned 
for the fixithful discharge of the duties of the said office. 
Provision for I^- That, in casc of sickness, or temporary absence of the In- 

appointmentof spector, or, if uecessary for the convenient dispatch of the duties of 
his office, he is hereby empowered to appoint a deputy, to act for 
him during such sickness, absence, or such time as he may think 
proper, who shall also be made liable to the same penalties, and 
shall take the oath hereinafter prescribed. 
Oiitii pre- X. That the Inspector ol Flour and Meal, under this Act, shall, 

scribed. before he proceeds to perform the duties, make oath or affirmation, 

as the case may be, before the Clerk of the Court of Common Pleas, 
that, without fear, favor or affection, malice, partiality, or respect 
of persons, he will diligently and carefully examine and inspect, to 
the best of his skill and ability, all flour or meal offered to him for 
inspection, and that he will brand, or cause to be branded as mer- 
chantable, all barrels, half barrels, or bags of flour or meal that do 
appear sufficiently sw'eet and sound, and no other, according to the 
best of his knowledge and judgment. 

posai 'ot!^' '^" XL That all fines and forfeitures incurred under the provisions 



OF SOUTH CAROLINA. 11 

of this Act, shall be recovered by indictraent, and appropriated, ^- ^- ^^''" 
one-half to the informer, and the other half to the use of tlio State. ^*— ~-^— - 

In the Senate House, the twentieth day of December, in the year 
of our Li)rd one thousand eiy;ht hundred and fifty, and in 
the seventy-fifth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO INCORPORATE CERTAIN SOCIETIES AND COMPANIES, No. 4005. 
AND TO REVIVE AND AMEND CERTAIN CHARTERS HERETO- 
FORE GRANTED. 

1. Be it enacted by the Senate and House of Representatives, now Religious and 
met and sitting in General Assembly, and by the authority of the incorporated.*^* 
same. That all free Avhite persons who now are, or may hereafter 
become, members of the following religious Societies and Associa- 
tions, to wit: "Antioch Baptist Church," in Kershaw District; the 
"Church of the Holy Communion," in Cannonsborough; "Roberts' 
Church," in Anderson District; "Red Oak Grove Church," in Edge- 
field District; "Mount Tabor Church," in Edgefield District; "The 
Church of the Advent," in Spartanburg District; "The Six and 
Twenty Baptist Church," in Anderson District ; "Sandy Springs 
Camp Ground," in Anderson District ; "Calvary Church," at Glenn's 
Springs, in Spartanburg District; "Pee Dee Lodge, Xo. 12, Inde- 
pendent Order of Odd Fellows," at Darlington Court House; "Ker- 
shaw Lodge, No. 9, Independent Order of Odd Fellows," in the 
town of Camden; "Pine Grove Church" and "Trinity Church," in 
St. Matthew's Parish; "Morris Street Baptist Church," Charleston; 
" Marion Division, No. 2, of the Sons of Temperance," and the 
" Church and School " at the Nation Ford, be, and the same are 
hereby, declared and constituted bodies politic and corporate, by the 
name and style to each above respectively assigned. That William South Caro- 
M. Wightman, Whitefoord Smith, Hugh A. C. Walker, Joseph H. c"nferen?e"."''' 
Wheeler, James Stacey, Nicholas Talley, Charles Betts, William 
Martin, Samuel W. Capers, Whatcoat A. Gamew-ell, Robert J. 
Boyd and David Derrick, with such others as they may associate 
with themselves and their successors, be, and they are hereby de- 
clared to be, a body corporate, in deed and in law, by the name of 
the South Carolina Annual Conference, and by the said name shall 
have perpetual succession of officers and members, and a common 
seal, with power to purchase, have, hold, receive and enjoy in per- 
petuity, or for any term of years, any estate, lands, tenements or 
hereditaments, not exceeding twenty thousand dollars in nett annual 
produce, of what kind soever, and to sell, alien, remise and change 
the same, or any part thereof, as it shall think proper; and by its 
said name to sue and be sued, plead and be impleaded, answer and 
be answered unto, 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 



12 STATUTES AT LAEGE 

A. D. 1850. land) for the regulation, benefit and advantage of the said corpora- 
^—^v^"' tion, and the same to change and alter, as shall from time to time 
be agreed upon })y a majority of the members of the said corpora- 
tion. The said corporation may take and hold to itself and its 
successors forever, any gifts, or devises, or bequests, of lands, per- 
sonal estate, and choses in action, and may appropriate the i^'ame 
for the benefit of the said corporation, in such manner as may be 
determined by a majority of the members thereof; and the said 
corporation may become trustee for any religious or charitable use. 
The said corporation shall, with the consent of a ma.jority of the 
members of the unincorporated body, now known as the South 
Carolina Annual Conference, of the Methodist Episcopal Church, 
South, be vested with all the rights and property belonging to the 
said last mentioned body, and also belonging to the unincorporated 
body heretofore known in South Carolina, as the South Carolina 
Annual Conference of the Methodist Episcopal Church ; and the 
said corporation is hereby empowered to elect or appoint any one 
or more officers, and the same to change at pleasure, who shall have 
full authority to receive from any person the possession of any 
property or moneys belonging to either of said unincorporated 
bodies, or in which they or either of them have any use, right or 
claim, and the same to sue for and recover, and the release of the 
said officer or officers of the corporation shall be a full and suffi- 
cient discharge to any person paying over or delivering up any such 
money or property. 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 
floating Dry without Special pleading. That M. C. Mordecai, Joseph Prevost, 
line Railway. James C. Nichols, John Y. Stock, Henry F. Baker, William B. 
Heriot, and their associates and successors, are hereby made and 
created a body politic and corporate in law, by the name of "The 
South Carolina Floating Dry Dock and Marine Railway Company," 
for the purpose of docking and taking up ships or vessels with 
safety, convenience and despatch; also, for according facilities for 
the unloading and loading of vessels, and the landing, storing and 
shipping of merchandise and produce, and for the transaction of 
such business as may be necessarily connected therewith, and may 
construct such Docks, Railways and other works, as may be re- 
quired to carry on such branches of business; and they shall have 
power to raise, by subscription, in shares of five hundred dollars 
each, a capital of one hundred thousand dollars. That the said 
company may purchase and hold such real estate in Soutli Caro- 
lina, as may be required for the purposes of the said corporation, 
or such as they may be obliged, or deem it their interest to take in 
the settlement of any debts due the said corporation, and may dis- 
pose of the same, and may sue and be sued in all the Courts of Law 
and Equity, and may have and use a common seal, and make such 
by-laws for their regulation and government as they may see proper: 
Provided, They are not inconsistent with the Constitution and Laws 
of the United States, and of this State. That the said corporation 
shall not go into operation until fifty thousand dollars of the capi- 
tal stock shall be paid in gold or silver, or the current bank notes 
of this State, and an oath or affirmation thereof shall be made by 



OF SOUTH CAROLINA. 13 

the President, Treasurer, and a majority of the lioard of Directors, A- ^- ^'^'''•• 
which shall be recorded in the Secretary of State's office, and i>ub- v 

lished in at least two respectable newspapers in the city of Charles- 
ton, and it shall be repeated when the whole capital is paid in. 
That the capital stock shall be deemed personal estate, and be trans- 
ferable upon the books of the said corporation, and no part of the 
said capital stock shall, at any time, or upon any pretence whatever, 
b(^ loaned to 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 dividends 
shall be declared, except from the nett earnings of the company. 
Each stockholder shall have one vote for each sliare he may own or 
represent at the election of Directors, and at all meetings of the 
company. That if the proprietor of any share shall neglect to 'pay 
any instalments assessed thereon, for the space of filteen days after 
the time appointed for the payment thereof, the Treasurer of the 
company, by the order of the Directors, may sell, by public auction, 
a sufficient number of such delinquent's railway shares to pay all 
instalments then due from him, with all necessary and incidental 
charges. The Treasurer shall give notice of the time and place of 
such sale, and of the sura due on each share, by advertising the 
same three weeks successively, before the sale, in some newspaper 
published in the city of Charleston, and a bill of sale of the share 
so sold, made by the Treasurer, shall transfer said stock to the pur- 
chaser, who shall be entitled to a certificate thereof. That the said 
M. C. Mordecai, Joseph Prevost. James C. Nichols, John Y. Stock, 
Henry F. Baker and William B. Heriot, whenever fifty thousand 
dollars of the capital stock shall be paid in as aforesaid, shall be 
authorized to convene the stockholders, by giving them one week's 
notice in writing, or in a public newspaper published in the city of 
Charleston, who may then meet and proceed to elect a President 
and four Directors for conducting the affairs of the company, and 
they to hold office until their successors shall be elected ; and such 
Directors or their successors, shall have power to dispose of the re- 
mainder of the said capital stock which may not have been sub- 
scribed for, in such manner and at such time as they may deem fit. 
The stockholders may, at any meeting regularly convened, subdi- 
vide the shares into shares of smaller amount: Provided, That the 
said capital stock shall not be thereby diminished: Provided, The 
said company shall, within two years from this time, complete their 
marine railway, and have the same used or worked with steam power. 

II. The societies and associations aforesaid shall have succession Provision for 
of officers and members, according to their respective by-laws, and ^ik"%y"iawl". 
shall each 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, 
and to have and enjoy every right incident to incorporations. They 
are hereby respectively empowered to retain, possess and enjoy all property? " 
such property, real and personal, as they may severally possess or 
be entitled to, or which shall hereafter be given, bequeathed to, or 
in any manner acquired by them, and to sell, alien, or transfer the 
same or any part thereof: Provided, That the amount so held shall 
in no case exceed the sum of ten thousand dollars. 



14 STATUTES AT LARGE 

A. D. ia^>o. in. That the officers and members of " The Richland Light 
^""~v— ' Drauoons,'' attached to the 5th Regiment of Cavalry; the officers 
fiii'i^mnuii"^^ and'members of " The Roebuck Band," attached to the 45th Regi- 
ment, South Carolina Militia; "The Protection Company of 
Charleston," with the rights and privileges usually extended to fire 
companies in the city of Charleston, be, and the same are hereby, 
declared and constituted bodie? politic ai^d corporate, by the name 
and style to each above respectively assigned. They shall have 
succession of officers and members, according to their respective 
by-laws ; and they are hereby empowered to make by-laws not 
repugnant to the laws of the laud, to have a common seal, to sue 
and be sued, and to have and enjoy every right incident to incor- 
porations. 
Con par ee ^^- That the officers and members of the Congaree Jockey Club 
Jockey Club, of Columbia be, and the same are hereby, declared a body politic 
and corporate, by the name and style of " The Congaree Jockey 
Club." They shall have succession of officers and members, agreeably 
to their by-laws, and shall have power to make by-laws not repug- 
nant to the laws of the land: to have, use and keep a common 
seal, to sue and be sued in any Court of this State, and to have 
and enjoy every right incident to incorporations. And the said 
corporation is hereby empowered to retain, possess, and enjoy such 
property, real or personal, as they now have, or may hereafter be 
in any manner acquired by them ; and to sell and transfer the same 
or any part thereof: Provided, That the value of said property so 
held shall at no time exceed twenty thousand dollars. 
Term of char- y. That the charters of the several societies, companies and asso- 
ciations aforesaid, shall continue in force for the term of fourteen 
years. 
Certain oom- VI. That the several Acts heretofore passed and now in force, 
t^cs^and towns incorporating the following companies, societies and towns, be, and 
rechartered. ^i^g same are hereby, revived and declared of force, for the term of 
fourteen years, to wit: The Protestant Episcopal Church in Colum- 
bia, under the name of " Trinity Church, Columbia," " St. Matthew's 
Church" in Orangeburg District; "The Autioch Baptist Church" in 
Darlington District ; "The Beach Branch Baptist Church," St. Peter's 
Parish; "The Vigilant Fire Engine Company" in Charleston; 
"The Charleston Typographical Society;" "The Charitable Society 
of the Cadet Riflemen" in Charleston District; "The Village of 
Lancaster ;" " The Town of Sumraerville ;" and the aforesaid com- 
panies, societies, and towns, are hereby invested with all the powers 
and privileges, and subject to the same restrictions as declared by 
the several Acts creating them bodies politic ; except as to the 
village of Lancaster, which is hereby invested only with the powers 
and privileges conferred by the Act of 1840, and all subsequent 
amendments. 
. South Caro- VIL That the 6th Section of an Act entitled " An Act to incor- 
Coinpjmy.^'^'^^'^ porate the South Carolina Insurance Company," passed on the 18th 
day of December, Anno Domini, 1846, be so altered and amended 
as to authorize and empower said corporations to appoint not less 
Corporate ^^^^" ^'^"** "^'^" 111 oi'G. than twelve Directors, 
limits of town VIII. That the corporate limits of the town of Winnsboro be 
extended!^ °'° extended so as to include all that portion of the lands belonging to 



OF SOUTH CAROLINA. 15 

the Mount Zion Society, lying nortli of tlie said town of Winns- ^^- l>- i*^'"- 

boro, and iuclndisd between Cc)n<2;res3 street on the west, and the ^""^v^^ 

eastern side of Zion street, extended northwardly until it meets the 

lands of Dr. William Bratton ; the section of land hereby ceded to 

the said corporation, being hounded on the north-west by lands of 

said Dr. Wiiliani l)ratton, and the territories hereby included in 

the said corporate limits be, from and after the passing of this Act, 

subject in all respects to the provisions of the charter of the said 

town of "Winnsboro, now of force within the limits described in 

said charter. 

IX. That Edward Sebring, Wm. C. Dukes, George N. Reynolds, Magnolia 
Jr., Wm. S. Walker, Frederic Richards and Wm. D. Porter, and Cemetery. 
their associates and successors, be, and they are hereby, made a body 
politic and corporate in \a.\v, under the name and style of the 
" Magnolia Cemetery Company," and by that name shall be able 
and capable, in law, to have and use a common seal, to sue and be 
sued, to plead and be impleaded in any Court of law or equity, 
with the other powers usually incident to corporations ; and shall 
have power to purchase, have, hold and enjoy, to them and their 
successors, a part of the property lately known as Magnolia Farm, 
in the neighborhood of the city of Charleston, comprising about 
thirty-five acres, with the privilege of adding thereto not more 
than twenty-five contiguous acres: Provided, hoivever, That the 
thirty-five acres first mentioned, shall be held and used exclusively 
as a cemetery, or place of burial for the dead, and that a plat 
thereof shall be recorded in the office of the Register of Mesne 
Conveyance for Charleston District, within sixty days after the 
passing of this Act: And provided, also. That in case of any addi- 
tion thereto as aforesaid, a plat of the land to be added shall also 
be recorded in the same office, at the time of the dedication thereof 
to the purpose aforesaid, and that after said record the laud 
described in said plat shall also be held and used exclusively for 
the purpose of a cemetery or place of burial for the dead. That the 
persons named above shall be the first Board of Directors of the 
said Magnolia Cemetery Company, and shall have power (first hav- 
ing the consent of owners thereof) to lay out and ornament the 
grounds, to remove or alter the old buildings, to dispose and arrange 
burial lots, and to make such by-laws, rules and regulations, rela- 
tive to the election of Directors and their successors, and the 
appointment of suitable officers and agents, and also such rules 
and regulations, for the government of lot holders and visitors to the 
cemetery, and for the management of the affairs of the company 
generally, as from time to time they may deem necessary. That 
the said Magnolia Cemetery Company shall be able and capable iu 
law to sell and dispose of the above mentioned land for burial lots; 
and also to have and hold so much personal estate, and no more, as 
may be necessary for the purpose of this incorporation : Provided, 
That the said laud shall never be granted but for burial lots, and 
that the lots so granted shall be held by the proprietors tor the pur- 
poses of sepulture alone. That no street.-< or roads shall hereafter 
be opened through the land so appropriated, except by and with 
the consent of this corporation. That any person who shall will- 
fully destroy, mutilate, deface, injure or remove any tomb, mouu- 



16 STATUTES AT LAKGE 

A. D. im). nient, grave stone or structure, placed in the cemetery aforesaid, or 
""""^V"^ any fence, railing or other work for the protection or ornament of 
any tomb, monument, grave stone, or other structure aforesaid, 
shall be deemed guilty of a misdemeanor, and shall, upon convic- 
tion thereof, before any Court of General Sessions, be punished by 
a fine at the discretion of the presiding Justice, according to the 
aggravation of the offence, if not less than five, nor more than fifty 
dollars. That the members of said corporation shall be jointly 
and severally liable for all debts and contracts made by the said 
corporation, during the period of their membership. 
South Caro- X. That Wm. Gregg, William Kirkwood, William M. Lawton, 
lina Institute. Edward C. Jones, L. A. Edmondstou, Joseph Walker, George N. 
Reynolds, Jr., E. W. Edgerton, James H. Taylor, D. N. Mcintosh, 
Lewis M. Hatch, Charles D. Carr, Henry D. Walker, Francis J. 
Porcher, WilmotG. DeSaussure, C. Y. Richardson, William Lebby, 
and the other members of the South Carolina Institute for the Pro- 
motion of Art, Mechanical Ingenuity and Industry, and such persons 
as may hereafter become members thereof, and their successors, 
officers and members, shall be, and the same are hereby declared to 
be, a body corporate and politic, in deed and in name, by the name 
of the " South Carolina Institute for the Promotion of Art, Mechan- 
ical Ingenuity and Industry," and by the said name shall have per- 
petual succession of officers and members, and a common seal, with 
power to change, alter, break and make new the same as often as 
the said corporation shall judge expedient ; and the said corporation 
shall be liable and capable in law to purchase, have hold or receive, 
enjoy, possess and retain to itself and its successors, in perpetuity, 
any and every estate, real or personal, whether accruing to the same 
by gift, purchase, devise or conveyance, not exceeding in value fifty 
thousand dollars ; and the same, or any part thereof, to sell, alien, 
demise or exchange, as often as the said corporation may deem 
proper ; and by its name to sue and be sued, implead and be im- 
pleaded, answer and be answered unto, in any Court of law or 
equity in this State; and to make all such by-laws and rules for the 
government of the said corporation as may, from time to time, be 
deemed necessary : Provided, Such by-laws and rules be not repug- 
nant to the laws of the land : And jyrovided, The same be made by 
such majority or quorum as may, by the laws of the said society, be 
declared competent to make the same. That the principal end of 
the said corporation shall be the promotion of arts" mechanics and 
other industry and ingenuity, through an annual fair and other ap- 
propriate means, and according to such rules and regulations as they 
may see fit to establish. 

XL That all companies for the construction of plank roads which 
shall hereafter receive charters frojn the State shall have all the 
powers and privileges, and be subject to all the sureties, liabilities 
and other provisions contained in this Act, unless the company be 
specially exempted therefrom by Act of the Legislature. Compa- 
nies for the construction of plank roads may hereafter be formed 
and receive their charters in the following manner : Whenever it is 
desired to construct a plank road between any two points in the 
State, public notice thereof shall be given by advertisement at the 
Court House of such District in which any part of the said road is 



Plank road 
companies. 



OF SOUTH CAROLINA. 17 

intended to be located, and in some gazette in each of the said Dis- ^- ^- ^"'"• 
tricts, if any be publislied tberein, and also in at least one daily - y -' 
gazette in Charleston and Columbia, ior the space of one month. 
The notice shall specify with reasonable certainty the intended route Publication 
of the road, and the amount of capital which it is proposed to raise of notice. 
for its construction. At the time of making the publication a copy 
shall be sent to the Executive office of this State. At the expira- 
tion of the time of advertisement books for subscription to the 
stock shall be opened at such times and places, and by sucli Com- 
missioners, as shall be desio-nated by the Governor. The Commis- t, , . t. 
sioners shall proceed, at the appointed times and places, to open the opened for sub- 
books for subscriptions to the capital stock of the company, (which stock''ic. ^" 
shall be subdivided into snares of the value of twenty dollars each,) 
and shall receive the first payment of five dollars in each share. In 
case of under subscription, they shall report the fact to the Gover- 
nor, who may authorize the re-opening of the books at such further 
times and places as he may appoint. In case of over subscription 
they shall reduce the subscription rateably, except that no subscrip- 
tion of five shares or under shall, in the first instance, be reduced. 
In all cases a report of their proceedings shall be transmitted by 
the Commissioners to the Governor. As soon as the requisite num- 
ber of shares shall be subscribed such of the Commissioners as may 
be designated shall appoint a convenient time and place for the 
meeting of the subscribers, and cause it to be advertised for a rea- 
sonable time. At that time and place the subscribers may appear 
in person or by proxy, and the meeting having assembled, a proper 
registry shall be made of the shares represented, and the subscribers 
shall vote for a President and such number of Directors as they 
may choose, to serve for one year, and until a new election be made. 
The President and Directors shall immediately prepare, under their 
hands and seals, a statement of their election, of the number of 
shares subscribed for, the amount paid over to them by the Com- 
missioners, and the corporate name which they desire to assume for 
the company, and shall transmit the statement to the office of the 
Secretary of State, either in Charleston or Columbia, for registry in 
both phices. Upon receipt of such statement the Secretary of State 
shall issue his certificate, under the seal of the State, testifying that company shall 
the provisions of this Act have therein been complied with, and pirated ''^*^'"^' 
upon the signature of the certificate by the Governor the company 
shall be considered as formed, and an Act of incorporation shall 
immediately attach. Plank road companies incorporated by virtue 
of this Act shall have perpetual succession of members, and be 
capable, in their corporate name, to sue and be sued, answer and be 
answered, appear, defend and prosecute to final judgment, decree 
and execution in all Courts. They shall have the capacity to have 
a common seal, to elect, in such manner as they shall determine to 
be proper, all necessary officers, whose election is not otherwise 
herein provided for, and fix their compensation and define their du- 
ties and obligations ; to make by-laws and regulations consistent 
"with the Constitution and laws of the State for their own govern- Tochoo?eof- 
ment, and for the due and orderly conducting of their affairs and by-[aws '^ ™*'^'^ 
the management of their property. They may make, purchase, or 
otherwise take and hold, any laud necessary for the site on which 
VOL, XII — 2 



18 STATUTES AT LARGE 

A. D. 1850. to locate, run and establish their plank road, and also all private 
'^■'-'^Y^'^ rights of way, water courses, or other easement which may lie on or 
along the route through which such plank road shall pass, and may 
conduct their plank roads across and over 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 nav- 
igation of the stream. The immediate direction of the affairs of 
Yneancics— such companies shall be vested in a President and Directors, to be 
how filled. chosen annually, according to by-laws to be made for such purpose. 
In case of vacancies they may be filled by appointment until the 
next election. If the day of annual election pass without an elec- 
tion being effected, the company shall not be dissolved thereby, but 
it shall be lawful on some other day to make such election, in such 
manner as the by-laws of the company shall determine. The Pre- 
sident and Directors shall be styled the Board of Direction. At 
Votes. meetings of the company each member shall be entitled to one vote 

for each share held by him, which he may cast either in person or 
by proxy, but no one but a stockholder shall be a proxy. Lands 
Disputed vai- ^^ private rights of way for the purpose of such roads, which can- 
uition of land, not be purchased from the owner for want of agreement, or from 
low sett ec. ^^^^ other cause, may be taken by the company at a valuation to be 
made by Commissioners appointed by the Court of Common Pleas 
of the District in which any part of the land or right of way may 
be situated. The Commissioners, before acting, shall be sworn be- 
fore some Magistrate, faithfully and impartially to discharge the duty 
assigned them. Their proceedings, accompanied with a full plat 
and description of the land, shall be returned under their hands and 
seals to the Court from which the commission issued, there to re- 
Kisrht of ap- main of record. Either party may appeal from this valuation at 
the next session of the Court granting the commission, giving fifteen 
days' notice to the opposite party of such appeal, and the Court 
shall order a new valuation to be made by a jury, who shall be 
charged therewith in the same term, and the verdict shall be final 
and conclusive, unless a new trial be granted, and the land or right 
of w^ay so valued by Commissioners or jury shall vest in the com- 
pany in fee simple, so soon as the valuation be paid, or tendered and 
refused. The pendency of an appeal by either party from the val- 
uation of the Commissioners shall not prevent the company from 
proceeding in the construction of their works in and upon the land 
or right of way ; but if the appeal be made by the company, it can 
proceed only upon giving to the opposite party a bond with good 
security, to be approved by the Clerk of the Court when the valua- 
tion is returned, in a penalty of double the said valuation, conditioned 
for the payment of the valuation and interest in case the valuation be 
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 
road or its appurtenances upon the land, reference shall be had to 
the true value of the land at the time the construction was begun. 
The land covered by the road, and the space of twenty-five feet on 
each side, shall be decreed as in the actual possession of the com- 
pany. A majority of the Commissioners shall be competent to per- 
form the duties required in this Section of the Commissioners. 



OF SOUTH CAROLINA. 19 

Nothing in this Act contained shall authorize any plank road com- ^- ^^- i"''"- 
])any to take or invade, without the consent of the owner, any dwcl- ^"^^/-^^ 
liiii,' house, yard, garden, grave yards, or ornamental trees. In the tide^""'"''''^*' 
absence of any written contract between any company and the 
owner of land through which a plank road has been constructed, it 
will be presumed that the land covered by the road, with twenty- 
five feet on ea(;h side from the centre of the road, has been granted 
to the company by the ov.'ner, and the company shall have good 
right and title to it, and shall hold it, unless the owner, or some one 
claiming under him, shall apply for an assessment of the value of 
the laud, as before directed, within five years after the construction 
of the road through the land. If within that time no application 
be made for assessment by the owner, or some one claiming under 
him, he and they shall be barred forever from recovering the same, 
or having any compensation; but this limitation of time shall not 
affect the rights of feme coverts, infants, or lunatics, until two years 
after the removal of their respective disabilities. The President 
and Directors shall have power to require from the subscribers and wbe"f'^^t™^°be 
stockholders, such advances and instalments on their respective p-^''J- 
shares as in their opinion the wants of the company shall require, 
until the whole of the subscription shall be paid ; and if any sub- 
scriber or holder of stock in plank road companies shall neglect to 
pay the instalment required of him, within thirty days after the 
time specified therefor, by advertisement in two or more public ga- 
zettes, the President and Board of Directors, after giving thirty 
days' notice of their intention, may proceed to sell, at public auction, 
the shares upon which such instalment may be due, and the same 
shall be transferred to the purchaser. If such shares shall sell for 
more than the instalment due, with interest and charges of sale and 
notice, the subscriber or stockholder shall be entitled to the surplus. 
If such share shall not sell for a sum sufficient to pay the instal- 
ment, with interest, and charges of sale and notice, the subscriber 
or stockholder shall be held liable to the corporation for the defi- 
ciency. A purchaser of stock, under such a sale, shall be subject to 
the same rules and regulations as the original subscriber, and no 
sale by the original sut)scriber of stock, or his assignees, shall re- 
lease him from his obligation to the company to pay the whole 
aiuMunt of his subscription. The mendiers of such corporation shall Linbilities of 
be liable, jointly and severally, for all debts and contracts made by ^'^"i'''^'"*- 
such corporation, until the whole amount of capital stock shall have 
been actually paid in ; and no note, bond, or obligation given by 
any stockholder, whether secured by a pledge of the stock in such 
corporation, or in any otlier manner, shall be considered as payment 
of any part of the capital stock. The total amount of debts which 
such corporation shall at any time owe shall not exceed the amount 
of its capital stock, actually paid in, and, in case of excess, the Di- 
rectors in whose administration it shall occur shall l)e jointly and 
severally liable for the same in their natural capacities, as well to 
the contractors of the other part as to the corporation ; such of the 
Directors as may have been absent when the said excess was con- 
tracted or created, or who may have voted against such contract or 
agreement, and caused the vote to be recorded in the minutes of the 
Board, may respectively prevent such liability from attaching to 



20 STATUTES AT LARGE 

A. D. 1850. themselves, by forth^\ith giving notice of the fact to a general meet- 
^'"-^r^-^ ing of the stockholders, which they are hereby authorized to call 
for that purpose. No part of the capital stock of such companies 
shall, at any time, or upon any pretence whatever, be loaned to the 
stockholders, neither shall the capital be withdrawn or divided 
among the stockholders until all the liabilities of the company are 
lawfully paid, and no dividends shall be declared, except from the 
iiett earnings of the company. The Directors consenting to such 
withdrawal or division of the capital before the debts are paid, or 
the dividends out of the capital stock, shall be liable, jointly and 
severally, personally, for the debts of the company, to an amount 
equal to the portion of capital which has been withdrawn or divi- 
ded, or the dividend declared out of the capital stock. The shares 
Shares deemed ju the capital stock of such corporations shall be deemed personal 
tate. estate, and the mode of issuing the evidence of stock, and the man- 

ner of assigning and transferring shares, shall be prescribed by the 
by-laws of each corporation, subject to the general law of the land 
respecting the transfer and assignment of personalty of that nature. 
Persons holding stock in such companies as executors, administra- 
tors, trustees, or guardians, or holding by way of collateral security, 
shall not be personally subject to the liabilities of stockholders 
under this Act; but the person pledging such stock shall be liable 
as stockholder, and the estates and funds in the hands of such exe- 
cutors or administrators, trustees or guardians, shall be liable in 
their hands in like manner, and to the same extent as the deceased 
testator or intestate, or the ward or person interested in such trust 
fund would have been if they had respectively been living and com- 
, petent to act and hold the stock in their own names. Roads con- 
to be' con- structed by such companies shall be constructed so as to make, 
structed. secure and maintain a smooth and permanent road, the track of 

"which shall he made of plank, timber, or other like material, so 
that the same shall form a hard and even surface, and so as to per- 
mit all carriages and vehicles to pass on and off ^yhere such roads 
Tinieforcom- are intersected by other roads of any kind. Companies under this 
p etion. ^pj. gj^j^jj ]-,ave four years to construct and complete such roads. 

Whenever three consecutive miles of any such road are completed, 
it shall be lawful for the company to erect turnpikes or toll gates 
thereon, and to appoint toll gatherers to charge and collect toll. 
Toll gates shall thereafter be put up at such points as the company 
may select, and such rates of toll shall be collected as they may 
arrange, but the rates of toll shall always be put up to public view 
at all toll gates. The toll gatherers at each and every toll gate 
may prevent from passing the gate, or detain until the toll be paid, 
any carriage, wagon, vehicle, or animal subject to toll. Any person 
who shall forcibly or fraudulently pass any toll gate erected on such 
roads without having paid the legal toll, or who shall turn out of 
the road with his carriage, vehicle or animals, to avoid payment of 
the tolls, and again enter on the road, shall, for each offence, forfeit 
to the company a sum not exceeding twenty dollars, to be recovered 
Penalties before any neighboring Magistrate. Any person who shall wil- 
fully or maliciously break or throw down any gate on such road, 
or who shall wilfully and maliciously destroy or injure any portion 
of said roads, shall be liable to indictment as for a misde- 



OF SOUTH CAROLINA. 21 

meaner, and, upon conviction, shall be fined and imprisoned ^- ^^- '^^^^ 
at the discretion of the presiding Judge. The Board of Di- ^>-^^/"^^ 
rection shall, from year to year, make report to the Legis- rc])urrunnu!i\" 
lature, under oath, of their acts and doings, receipts and ly to Lcgisia- 
expeuditures, condition and business of the road, the first of which "'^^*' 
reports shall be made within one year after the organization of 
the corporation, and the others shall be made on the first of Oc- 
tober in every succeeding year. Their books shall at all times be 
open to the inspection of any committee of the Legislature ap- 
pointed for that purpose; any such corporation refusing or neglect- 
ing to make such return, shall forfeit, for every neglect or refusal, a 
sum not exceeding two thousand dollars. Plank road companies 
obtaining charters by virtue of this Act, shall not be subject to any 
of the provisions or enactments contained in an Act entitled " An 
Act establishing the principles upon which companies shall be in- 
corporated, and the charter of ferries, bridges and turnpike roads, 
shall be hereafter granted, and for other purposes therein expressed," 
passed on the seventeenth day of December, in the year of our Lord 
one thousand eight hundred and twenty-seven. For all services re- Fees of Sec- 
quired under this Act, the Secretary of State shall be entitled to retary of State. 
receive, from every such company, the sum of five dollars, and no 
more. All charters which attach under this Act shall be taken and Term of char- 
held for the term of fourteen years. And it shall be lawful for such ^^^'" 
companies to conduct their roads along or upon any highway or 
public road on such terms and conditions as may be agreed upon 
between such companies and any Board of Commissioners of Roads. 

XII. That, for the purpose of establishing a communication by Suiii van's 
rail or plank road from the Cove on Sullivan's Island to the Moul- J^}^^]'^ ^^^^^ "1 

• TT 1 1P1-1T1/- • n Plank Koad 

trie rlouse, or to the east end or the island, the lormation or a cor- Compauy. 
porate company is hereby authorized, to be called the " Sullivan's 
Island Rail or Plank Road Company ;" which company, when 
formed in compliance with the conditions hereinafter prescrii)ed, 
shall have corporate existence as a body politic in this State. That 
said company is hereby authorized to construct a rail or plank road 
from the Cove on Sullivan's Island to the Moultrie House, and from 
thence to the east end of the island, in their discretion, by a route 
to be determined by said company, after the same shall have been 
formed : Provided, That the Town Council of Moultrieville shall 
give their assent to the same. And, also, that the said road shall 
pass along streets now existing on the said island, or which shall be 
established by the Town Council of Moultrieville, by virtue of the 
power vested in them. That, for the purpose of raising the capital 
stock of said company, it shall be lawful to open books in the city 
of Charleston, under the direction of John Heart, L. A. Edniond- 
ston, Jas. W. May, and at Moultrieville, under the direction of P. 
J. Porcher, M. P. Matheson and H. T. Street, and at any other 
places in the State of South Carolina, under the direction of Com- 
missioners designated by a majority of the aforesaid Commissioners 
in the city of Charleston, for the purpose of receiving subscriptions, 
to an amount not exceeding fifteen thousand dollars, in shares of 
one hundred dollars each ; the amount so subscribed to constitute a 
joint stock capital, for the purpose of constructing and carrying 
into operation the rail or plank road by this Act provided for. 



22 STATUTES AT LARGE 

A. D. ]s."iO. That the times and places for receiving such subscriptions shall be 
^■"""v^-^ fixed by the Commissioners in the city of Charleston, or a majority 
of them, and shall be advertised for thirty days in one or more of 
the newspapers in this State, and the books for receiving subscrip- 
tions shall be kept open for sixty days at each of the places where 

. , f the same shall be opened. That on each share of the stock sub- 
Amount 01 Mil 1 •! 1 11 1 /-I • • 

shares. scribed the subscriber shall pay to the Commissioners, who shall 

take the subscription for the same, the sum of five dollars in specie, 
or the notes of specie paying banks of this State, the said Commis- 
sioners giving a receipt or certificate for the same. And at the ex- 
" piration of the time hereby prescribed for keeping open the books 
the said Commissioners and others, receiving subscriptions, shall 
deposit the sums received by them in some specie paying bank in 
this State, and shall make a return of the subscriptions taken by 
them, and the sums paid thereon to the Commissioners in the city 
of Charleston. That when the sum of five thousand dollars shall 
be subscribed for, in the manner herein prescribed, the subscribers 
shall be, and they are hereby declared to be, incorporated into a 
Mouitrieviiie Company, by the name and style of " The Moultrieville Rail or 
Roaa^' ^Cm^' Plank Road Company;" and may meet and organize the said com- 
pany, pi^iny, at such time and place as may be designated by a majority of 
the Commissioners herein named for the city of Charleston. That, 
for the purpose of organizing and forming this company, all the 
power conferred by the charter of the Wilmington and Manchester 
Railroad Company, on the Commissioners therein named, shall be 
vested in the Commissioners hereby appointed in the city of Charles- 
ton ; and all the powers, rights and privileges granted by the char- 
ter of the Wilmington and Manchester Railroad Company, to that 
company, shall be, and are hereby, granted to the Moultrieville Rail 
or Plank Road Company, and subject to the conditions therein con- 
tained, except as to the amount of the capital stock, the amount of 
shares, and the sum necessary to authorize organization, and except 
in so far as the special provisions of this Act may otherwise require 
the same to be modified or varied. 
Greenville XIII. That George F. Townes, Peter Cobl)le, and their associ- 
Piank Road ates, be, and they hereby are incorporated as a body politic and cor- 
ompany. porate, uuder the style and title of the " Greenville Plank Road 

Company." 
Camden and XIV. That William E. Johnson, John M. DeSaussure and 
Munroe Pinnk Xhomas W. Hucy, with their associates, be, and are hereby, declared 

i\oau uom- ,-, ... 1 i-i r»i i/-ii 1 

pany. a body politic, under the style and title oi the Camden and 

Munroe Plank Road Company." 
South Cnro- XV. That J. C. Reedy, Tilman Watson, and their associates and 

Hna Plank succcssors, be, and they hereby are, created a body politic and cor- 

pa°ny. °™ porate uuder the style and title of the " South Carolina Plank Road 
Company." 
The Moultrie XVI. That PI. W. Conner, Charles T. Lowndes, L. T. Potter, C. 

nouse Com- J). Carr, Hon. William Aiken, Dr. Henry R. Frost, Col. James 
Gadsden, Charles Jugnot, O. Mills & Co., H. K. Banks, C. M. Ar- 
nold, Robert Martin, Charles Alston, Daniel Heyward, James Chap- 
man, J. K. Robinson, Charles J. Manigault, Gourdin, Matheison & 
Co., Robert Adger, Cay & Avilhie, Hyatt, McBurney &Co., W. B, 
Pringle, George A. Hopley, W. M. Martin, Matheison & Simmons, 



OF SOUTH CAROLINA. . 23 

George S. Cameron, W. C. Gatewood, Charles N. Hubert, E. ^V. A. D. im.-,o. 
Walter, Edgerton & Richards, James McBeth, Georfre Robert.son, *^ y ' 
Carew & Heart, Mitchell & Miirc, Paul & Brown, Klinck & Wick- 
(Mihiirg, Ravcuel, Jirothers <Sc. Co., John Frazer & Co., James P. 
Earlc, A. R. Talt, J. F. O'Ncall, Robert Hume, Richard Yeadon, 
J. S. nowell, John II. Summers, Henry Misroon, H. Vincent & 
Son, James Welsman, James R. PrinL;U;, Daniel PI Iluger, Jr., J. 
B. Ulm, Glover & Davis, Steinmeyer ct Clark, Troui & Dehmge, 
J. P. Stewart, A. IMcGee, James Bancroft, Joseph Provost, W. C. 
Dukes, E. & L. Kerrison, H. A. Middleton, E. P. Leman, Robert 
L. Miller, Brown & Stone, H. F. Strohecker, N. M. Potter, J. C. 
Blum, H. H. Williams, G. Follin, T. A. Horton, W. G. Gayer, J. E. 
Spear, John Seigling, O. J. Chaffee, and their associates, successors 
and assigns, are hereby declared to be a body politic and corporate, 
in deed and in law, by the name and style of' the " Moultrie House 
Company," and by the said name shall have perpetual succession of 
officers, and a common seal, with power to change or alter the same 
at their pleasure. That the following shall be the fundamental 
articles of said association : 1st. The capital of the company shall 
not exceed fifty thousand dollars, divided into shares of two hun- 
dred and fifty dollars each. 2nd. The affairs of the company shall Articles of 
be managed by a President and six Directors, to be chosen annually -^ssociation, 
by the stockholders ; and three Directors, with the President, shall 
constitute a quorum for business. 3rd. The election for President 
and Directors shall be held on the first Monday in June of each 
year, each share being entitled to one vote in such election, at which 
time the President and Directors shall lay before the stockholders a 
statement of their affairs, and either then, or at such other time as 
they may deem proper, make such dividends as the profits of the con- 
cern may justify. That the said corporation shall be able and ca- 
pable in law, to purchase, have, hold, possess and enjoy in perpe- 
tuity, or for any term of years, to the extent of their capital afore- 
said, any lauds, tenements, hereditaments of any kind or nature 
whatsoever, and to sell, alien or release the same, and shall, by its 
corporate name, be capable of suing and being sued, impleading 
and being impleaded, in any Court of law or equity in this State. 
That the President and Directors shall have power to make all 
necessary contracts for the erecting and completing the Moultrie 
House and appurtenances belonging to the same, or for work or 
materials to be used in its construction, and when completed, to 
lease or rent the same, and, with the consent, and under the direc- 
tion of the stockholders, or a majority of two-thirds of them, to sell 
and convey the property ; and the said President and Directors 
shall have power to do aitd perform all acts and things necessary to 
carry into effect the objects for which the company is established, 
and to that end to use and employ the stock and funds of the 
company, and to bind, by their contracts, or their deeds, or writings, 
under the seal of the corporation, and the hand of the President, the 
persons and separate property of themselves and stockholders, until 
the whole capital is paid in gold or silver or current bank notes of 
the State, and after the capital has been paid in, in manner afore- 
said, and the proof thereof furnished, the personal liability of the 
stockholders shall cease, and the property and estate, common 



24 STATUTES AT LARGE 

.\. T). 1850. stock and joint funds of the corporation alone shall be liable. That 

"""^-y^^ this Act shall be taken and deemed as a public Act, and shall be 

continued of force for twenty-one years. And nothing in this Act 

Tcrmofineor- of incorporation shall be construed to conflict with the rights of 

poidtion, -c. ^j^^ State to the land on which the Moultrie House is now built. 

Savjinnah XVII. That J. J. Blackwood, Charles Hammond, Robt. Merri- 
Piank Road ^v-eather, and their associates and successors, be, and they are hereby, 

Company. i i i t • ^ ^ i i "^ ■, ■ ^ i r 

created a body politic and corporate, under the style and title ot the 
"Savannah River Plank Road Company." 
King's Moun- XVIII. That the charter of " The King's Mountain Iron Com- 
iKi'nj\*^°" ^°'"' P^^y " ^^' ^"^ the same is hereby, continued to them, and the 
said company is hereby re-incorporated for the term of twenty 
years from the expiration of its existing charter. 
,f . p, , XIX. That the fourth Section of an Act to incorporate the Ma- 
of Chaikston. mic Church 01 Charleston, and for other purposes, passed the nine- 
teenth day of December, eighteen hundred and forty-nine, be amend- 
ed to read as follows: "That, in case of any vacancy or vacancies, 
by death, resignation, or otherwise, in any of the said Trusteeships, 
then the Church or Churches, in which such vacancy or vacancies 
shall occur, shall fill the same within six months after notice thereof, 
by electing a Trustee or Trustees, from among the communicant 
members of tiie Church or Churches in which the vacancy or va- 
cancies shall have occurred, otherwise the Trustees of the Marine 
Church shall elect a Trustee from the communicant members of 
the Church in which the vacancy occurred." 
Town Council XX. That the Town Council of Beaufort shall have power to 
make such assessments on the inhabitants of the town of Beau- 
fort, or those persons who hold taxable property therein, as shall 
appear to them expedient for the safety, convenience, benefit, and 
Powers con- advantage of said town; and, also, to appoint all such officers, and 
ferred. affix their salaries and fees, as may be necessary to carry out the 

provisions of this Act; and, also, to make all by-laAvs, regula- 
tions and ordinances as may be thought proper for the good order 
and government of said town. And that all Acts and parts of 
Acts heretofore passed, which are inconsistent with or repugnant to 
this Act, be, and are hereby, repealed. 
Central XXI. That H. A. Kenrick, J. H. Anderson, Josiah Sibley, W. 
Compauy.^"^*^ ^^' ^^'<^' ^^^^ ^- Burnside, and their associates, be, and they are 
hereby, incorporated as a body politic and corporate, under the name 
and style of the "Central Plank Road Company." 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in the 
seventy-fifth year of the sovereignty and independence of the 
Uuited States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



OF SOUTH CAROLINA. 25 

AN ACT TO Incorporate the Commercial Insurance A- i>- '^^■''^^ 

COJMl'ANY. ^— V • 

No. 4006. 

I. Be it enacted by the Senate and House of Representatives, now 

met and sitting in General Assembly, and by the anthority of the commercial 
same, That the persons who shall become stockholders, in the man- insurance 
ner hereinafter prescribed, shall thereupon become, and they and 
their successors and assigns shall be, one body politic and corporate, 
under the name, style and title of "The Commercial Insurance 
Company." 

II. The capital stock of the said company shall be two hundred ^^^ ^f^^'''^^^''^^' 
and fifty thousand dollars, which shall be divided into ten thousand 

shares of twenty-five dollars each, and shall be raised in the fol- 10,000 shares 

lowing manner: The following persons shall be, and they are hereby at $25 each. 

appointed Commissioners, to receive subscriptions on the several 

plans hereafter named : James K. Robinson, A. R. Tail, Robert ers."™"^^'^'""^' 

Adger, Edward L. Trenholm, Louis D. Mowry and William B. 

Heriot; and said Commissioners, or a majority of them, shall, at 

Charleston, on the second Monday in January next, and the day 

following, from nine o'clock of the forenoon, until five o'clock of 

the afternoon of each day, at such place in Charleston as they shall 

appoint, receive subscriptions to the capital stock of the said Com- • ^/,?'l?;t'.fi"''' 

!■• 11 /v • I'll 1 ' J. iHfe CtiiJiLtii. 

pany, from all persons offering to subscribe thereto, and paying, at 
the time of subscribing, five dollars per share : Provided, That the 
said Commissioners shall give at least ten days' notice, by advertise- 
ment in two gazettes, published in the city of Charleston, of the time 
and ])lace of receiving such subscriptions. 

III. And such said subscribers, paying their subscription money Subscribers 
respectively, shall form the company above mentioned, upon com- company, 
plying with the conditions, and being subject to the clauses herein- 
after set forth. 

IV. If more than ten thousand shares shall be subscribed, the Mode of re- 
Commissioners shall distribute the ten thousand shares of which ^f '^ over ° sub^ 
the capital stock of the said company is to consist, among the sub- scription. 
scribers, as nearly as may be, in the proportion to the number of 

shares subscribed by them respectively: Provided, always. That sub- 
scriptions of five shares or less shall not be reduced, unless the whole 
number of shares subscribed cannot be otherwise reduced to ten 
thousand. 

v. In case the number of shares subscribed on the two days Books kept 
hereinbefore appointed for receiving subscriptions, shall be less than °^^^ thousand 
ten thousand, the Commissioners shall receive further subscriptions, shares are not 

,. ' , 1 ,. 1 -11 1 1 1 -i J subscribed the 

not exceeding such number of snares as, with those already subscribed, gist ten days. 
shall make up the number of ten thousand shares, at any time 
during one year next following the said second Monday in January 
next. 

VI. The said company, under its name, shall have succession of Succession of 
officers and members, and all the powerig, privileges and franchises, mcmbe/s, .v" 
incident to a corporation, 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 emolument of 



26 STATUTES AT LARGE 

A. D. 1850. their said capital stock, to their own use ; and shall have full power 

^~"~v-~-^ and authority to ra*ake, have, and use a common seal, and with such 

niMkcmlcsand (^^vice and inscription as they shall deem proper, and the same to 

by-laws. break, alter and renew, at their pleasure; and by the name, style 

and title aforesaid, shall be able and capable, at law and 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 

Authority to authorized and empowered to appoint a President, and other officers 

siilent and and eight Directors, at such periods, aud with such duties, as they 

orl*^*^ ^"'^°'^" shall see fit, and also to make rules, by-laws and ordinances, and do 

every thing needful for the good government and support of the 

affairs of the said corporation, and for restoring their capital stock 

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. 

Right to hold VII. The said corporation shall have a right and power to purchase, 

lands and real • ,i juii-^' -i ^ i ii i 

estate and sell acquire, take, and hold, in tne said corporate name, lands and real 

the same. estate, and the same to demise, grant, sell, assign, and convey, in 

fee simple or otherwise: Provided, The clear yearly income of the 

real estate so to be held shall not at any time exceed ten thousand 

dollars. 

VIII. The said corporation shall, by their said name, and by the 
signature of their President for the time being, or by the signature 
of such other person or persons, and with such ceremonies of authen- 
ticity as they shall, from time to time, in and by their rules and 
Tounderwrite ^y-laws, ordain and appoint, have a right to make contracts, and 
marine policies Underwrite policies of assurance and indemnity upon marine risks, 
assurance, &o. -^yhether of vcssels 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 anj- ports of the United States, or within 
any of the rivers, bays, crt eks, canals, or waters of this State, lying or 
being or laden ; and also, in like manner, to make contracts, and un- 
Aiso. policies derwrite policies of insurance and indemnity against fire, on all build- 
°^a" "V^g"""*^^ iugs, goods, wares and merchandise, and property liable to destruc- 
bu'iidings, &c. tiou or accident, by or from fire, or the effects thereof, situate, lying, 
being, or deposited in this State, or elsewhere; to lend or advance 
Make insur- money upon bottomry or respondentia; to make insurance on lives; to 

ancc on lives, i. i i_ -i- ^ i i ii •, i^ i 

and purchase gi'ant and purchase annuities; to lend money on the security of real 

*T"lo''^if^' '^°' ^"^ personal property, bonds, bills, or promissory notes ; to make 

on bonds, &c. any other contingent contract 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 

Proviso. capital stock : Provided, That it shall not be lawful for the said 

company to lend money on the security of their own stock. 
Dividends not I-^* -^^ dividend shall be declared exceeding twelve per cent, per 
cen"^^ 1- annum upon the capital of the said company ; and any excess of 
profits made at any time, or from any source, above such per centage, 
shall be carried to a surplus fund, to meet losses and equalize 
dividends. If the profits at any time fall below that amount, then, 
and in that case, the dividends may be increased to that amount 
from the surplus fund, provided the capital be not thereby reduced. 



to 
per 



OF SOUTH CAROLINA. 27 

X. In case of any loss, whereby less than one-thiivl of the capital ^- ^^- ^^''^• 
stock of the said company shall he lost diirin<,f the continuance (tf """"^'f^^ 
the charter, no dividend shall thereafter l)e made, until the defi- of c^u'i't!i'l,"how 
ciency shall either be made up by the stockholders or by the com- to make whole. 
pany, or until a sum arising from the profits of its business, equal 

to such diminution, shall have been added to the cai)ital. 

XI. If the capital of the said company shall become reduced by Sixmonthsto 
losses, below two-thirds thereof, the deficiency shall be made up by ["j' inTase^of 
the stockholders in six months after such reduction shall occur; reduction by 
and in default thereof, the affairs of the corporation shall be wound 

up, and they shall cease to do business. 

XII. If the affairs of the corporation are not wound up, as Liability of 
directed iu the preceding Section, and they should proceed to do Directors, 
business, then the President and Directors shall be, jointly and 
severally, liable to make good all engagements of the company, 

incurred after the reduction of the capital as aforesaid : Provided, 
That nothing in this Section shall be so construed as to extend to 
any President or Director who shall dissent to the proceedings of 
the company in these particulars, and who shall enter his protest ou 
the minutes of the Board, and publish the same in the daily gazettes 
of the city of Charleston, or w^ho shall be absent from the State 
during the six months in which the deficiency of capital should have 
been made up. 

XIII. The said corporation shall be, and they are hereby, invested foJife^lV-iaws' 
with full power to enforce upon their members the due observance ic. 

of all laws, rules and regulations for their better government, under 
such penalties as they shall, in and by such by-laws, limit and pre- 
scribe ; and, to this end, if need be, shall and may institute and 
maintain, in their said corporate name, against any one or more of 
their members, either at law or in equity, all just and necessary 
suits, actions and pleas, 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 
the said corporation, any law, usage or custom to the contrary 
thereof in anywise notwithstanding. 

XIV. In all elections and other corporate acts done by the stock- Scaie of vot- 
holders of the said company, every stockholder being the owner of ^°^- 

five shares shall have one vote ; every stockholder being the owner 
of more than ten, and not more than tewenty shares, shall be entitled 
to two votes ; and every stockholder being the owner of more than 
twenty shares, shall be entitled to one vote for every ten shares: 
Provided, That no stockholder shall be entitled to more than forty 
votes. 

XV. The whole of the capital of the said company shall be paid capkai t^^*be 
in, and satisfactory proof thereof furnished to the Comptroller pai'l in priorto 
General, before the said company shall be authorized to commence busiues^s°*^*°^ 
business. 

XVI. The books of the said company shall be examined, from Books of the 
time to time, by such person or persons as the Legislature may for exauiineil!° ^^ 
that purpose appoint; and the persons so appointed shall have full 

power to examine upon oath, to compel the attendance of witnesses 
and the production of papers, and inquire into the management of 
the company; and, in case of mismanagement, or violation of their 



28 STATUTES AT LARGE 

A. D. 1850. charter, the said company may be proceeded against by scire facias 
^■""^•''""^ in the Court of Common Pleas and General Sessions for Charleston 

District, and, upon conviction, shall be liable to have their charter 

annulled by the judgment of the Court. 
Duration of XVII. This Act shall continue and be in force for twenty-one 

charter. i i 

years, and no longer. 
Half the capi- XVIII. At least One half of the capital of the said company shall 
tai to be pL-r- !)(> permanently invested in stock of this State, or the city of 

luiinently iii* i *< ^ ' j 

vested. Charleston, or of the general Government, or in any other good 

stocks of incorporate companies within this State ; and the company 
may transfer and sell said stocks, or any part thereof, for the pur- 
pose of re-investment, whenever a due regard to the safety of its 
funds may require : Provided, hoivever, That the company shall not 
deal or trade in buying and selling any goods, wares, merchandise, 
stocks or commodities whatever. 

In the Senate House, the twe^iitieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in the 
seventy-fifth year of the sovereignty and independence of the 
United States of America. 

ROBT. V. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4007. AN ACT to Incorporate " The South Carolina Atlantic 

Steam Navigation Company." 

I. Be it enacted by the Senate and House of Representatives, now 

incornoratin" ^^^^ ^"*^ sitting in General Assembly, and by the authority of the 

clause. ' " same, That William Aiken, George A. Trenholm, Thaddeus Street, 

Robert Caldwell, Robert Martin, Henry W. Conner and Richard 

H. Tucker, Jr., on behalf of themselves and such other persons as 

now are or hereafter may be associated with them, for the purpose 

of establishing steam communication between the ports of South 

Carolina and foreign countries, be, and they are hereby, constituted 

a body corporate, by the name and title of " The South Carolina 

Atlantic Steam Navigation Company," to be established in the city 

of Charleston, South Carolina, and to continue in being for the 

term of twenty-one years. 

Capital stock. II. The capital stock of this company shall be two hundred and 

fifty thousand dollars, divided into shares of one thousand dollars 

each ; and the said company shall have the privilege, and are hereby 

authorized to increase their capital stock to one million of dollars. 

Amount of HI- The Said company shall have power to purchase and hold as 

which miy'be "^^^^^ ""^'^^ estate as may be necessary to the transaction of its busi- 

held. ness, and shall also have power to change, sell and convey the same : 

Provided, The said real estate shall not at any one time exceed in 

value the sum of oue hundred and fifty thousand dollars. 

Subscriptions IV. The capital stock of the said company shall be made up by 

limited. subscription, and no one person shall be permitted to subscribe for 

more than twelve shares of said capital stock. 



OF SOUTH CAROLINA. 29 

V. Books shall be opened in the city of Charleston, under the ^- ^- ^'^'^• 
inspection of Commissioners hereinafter to be named, to receive ^"^"^''["'^ 
sub3crij)tions for the capital stock of said company ; and the said ers'"'to"'^open 
books shall he continued open from day to day until one-half the books of sub- 
amount of the capital stock sliall be subscribed, when the Commis- ciu'itaTstock. ** 
sioners shall close the same. 

VI. Before opening the books for subscription ten days' public Notice thereof 
notice of the time and place of opening tiie same shall be given by ^'^ be given. 
the Commissioners, in one or more of the daily newspapers published 

in the city of Charleston. 

VII. At the time of making subscriptions, each person subscrib- ij,.^,^j^j''<*n each 
ing shall pay, in specie or current bank notes of this State, fifty share. 
dollars on each share subscribed for; and all money paid on the 

share or shares of the capital stock, shall be forfeited to the said 
company in all cases where the subscriber or subscribers shall neg- 
lect or refuse to pay any subsequent instalment or instalments on 
the day or days appointed for the payment thereof 

VIII. Robert Martin, George A. Trenholm and R. H. Tucker, Commission- 
Jr., are hereby appointed Commissioners to open the books and re- to^open'books. 
ceive subscriptions to tlie capital stock of said company. 

IX. Each subscriber shall pay the assessment made on the share Payments of 
or shares for which he subscribes: Provided, The assessment shall proVideJTfor.' ^ 
not exceed the sum of one thousand dollars on the share, and the 

profits and losses accruing from the business of the said company 
shall be shared by each stockholder in the proportion which the 
number of his shares bears to the whole number of shares consti- 
tuting the capital stock. 

X. No transfer of the capital stock shall be valid unless the Transfers of 
same shall be regularly made on the books of the company kept °^^^ a s oc . 
for that purpose. 

XI. The business of the said company shall be managed by a Election of 
Board, consisting of a President and ten Directors, all of whom ° °*''^" 
shall be stockholders. They shall hold their offices for one year, 

and no longer; and, during that time, shall exercise all the powers 
granted under this charter. They shall be elected annually by the 
stockholders on the first Monday of January in each year succeed- 
ing the date of this charter. The election succeeding the first for 
President and Directors shall be held at such place in the city of 
Charleston as a majority of the Board of Directors shall appoint, 
of which ])ublic notice shall be given, in one or more newspapers 
printed in the city of Charleston, at least ten days previous thereto, 
and such elections shall be made by ballot ; and a plurality of 
stockholders present, voting according to the following scale of 
votes, shall control the election, that is to say: Each person hold- Eight of voters, 
ing from one to two shares shall have one vote; from three to four 
shares, two votes; from four to six shares, three votes; from seven 
to eight shares, four votes; from nine to eleven shares, five votes; 
from twelve to fifteen shares, six votes ; from sixteen to twenty 
shares, seven votes ; from twenty-one to twenty-six shares, eight 
votes; from twenty-seven to thirty-three shares, nine votes; from 
thirty-four to ^orty shares, ten votes ; and for every five shares over 
forty, one vote additional ; and no copartnership, trading under any 
firm, shall be allowed to give any more votes than if their stock had 



30 STATUTES AT LARGE 

A. D. IK.^0. i^een subscribed by an individual. Any person who is a stockholder 

^""~Y— ^ may vote by proxy. 

Saving clause j^jj_ jjj pj^gg jj should at any time happen that an election of 

tioiii.f officurs. President and Directors should not be made on the day which, pur- 
suant to this Act, it should be made, the said corporation shall not, 
for that cause, be dissolved ; but it shall be lawful to hold such 
election on such other days, in the manner aforesaid, as shall be 
prescribed by the laws and ordinances of the said corporation. 

XIII. Not less than three Directors shall constitute a Board for 
the transaction of business, of whom the l^resident shall always be 
one, (except when he may be necessarily absent, in which case a 
President shall be chosen for the time being.) The President and 

Appointments. Directors shall also appoint a Secretary, a Treasurer, and one or 

more Agents, to whom such compensation and commission shall be 

given for their services as the President and Directors shall deem 

proper. 

T)ntics of XIV. The President and Directors shall have power, and it shall 

]^;i>:^iii<'iit mill be their duty, in order to carry into effect the plan of the company, 

jjireetors. ^^ appoint such officers as they shall think proper, to regulate the 
prices of freight and passengers, to direct the days of sailing, to 
l^urchase, charter, or cause to be built, as soon as may be, such ship 
or ships as they shall think necessary and proper. The President 
and Directors shall also have power to purchase and ship, or order 
to be purchased and shipped, on account of the company, in vessels 
belonging to, or chartered by the company, such merchandise as 
shall be thought advisable ; to appoint such agents in foreign ports, 
or in Charleston, as they shall think proper; to displace any agent 
or officer at pleasure ; to make and establish such by-laws and regu- 
lations as they may deem expedient, not contravening any Section 
of this charter ; and generally to do such matters and things in such 
manner as they may deem advisable. 

Power to levy XV. The President and Directors shall have power to levy, from 

assessments. i\mQ to time, such Tsscssment as shall be deemed necessary, agree- 
able to the ninth Section of this charter ; and it shall be their duty 
to make semi-annual dividends of the profits arising from the busi- 
ness of the said company. 
Special meet- XVI. The President and Directors are hereby empowered to call 

1""^- special meetings whenever they may deem it advisable; and it shall 

be their duty to call such meetings at the request of ten or more 
stockholders, whose stock together shall not be less than forty shares; 
of which meeting the President and Directors shall give at least 
three days' previous notice. 
Secretary to XVII. In order to give confidence to the public, and that all 

pany'^books"'"' persons dealing with the said company may know with whom they 
are so dealing, it shall be the duty of the Secretary, or other person 
having charge of the books of the company, to communicate, upon 
reasonable application, to any person or persons, applying therefor, 
the names of all the stockholders composing, or who had composed, 
the said company, which communication shall be made at the time 
of the application. 
Exemptions XVIII. That all persons who may import goods in the ships be- 

from taxation, longing to the company, shall, during five years, be exempted from 
all State taxation on such goods as shall be actually so imported, 



OF SOUTH CAROLINA. 31 

and it shall be the duty of the Tax Collectors throughout the State A. D. is.50. 
to require every importer, making a return of* stock in trade, to "^ 

take the following oath, in addition to the oath now recjuired by law, 
that is to say: "I, A. J5., do solemnly swttar (or affirm,) that my 
return of stock in trade is a full, fair and just return of the account 
of all moneys invested by me in goods, wares and merchandise of 
every description, except such as I have actually imported in the 
ships belonging to " The South Carolina Atlantic Steam Navigation 
Company." This exemption shall be confined exclusively to the 
original importer, and the Tax Collector shall require in all cases 
the production of the original invoice whenever an exemption from 
taxation shall be claimed on any particular goods imported. 

XIX. That three persons, to be appointed by the Governor, be Governor to 
appointed a Commission on the part of the State, authorized and nli^sio'iiers^""to 
empowered to make a loan to said company of one hundred and muke a loan 
twenty-five thousand dollars, for a period of five years, free from dufons?'" ''°°" 
payment of interest during said period: Provided, The like amount 

be first subscribed by the individual stockholders, independent of 
said loan: And provided further, and it is a condition on wliich 
said loan is made, That all steam vessels constructed by said com- 
pany, during the said period of five years, shall be subject to the 
inspection and approval of the commission on the part of the State 
above named. 

XX. That it shall be the duty of the said Commission to exam- Dutyof Com- 
ine and ap[)rove the ])lans, and to inspect and accept said steam missioners. 
vessels: Provided, The following requisites are fully complied with, 

and not otherwise, viz : 1st. That they shall be propellers of at 
least one thousand tons register, 'id. That their draft shall be suit- 
able and adapted to the bar and harbor of Charleston. 3d. That 
they shall be capable of a speed, witti steam power alone, of at least 
nine miles an hour. 4th. That said vessels shall be built of such 
materials, and in such style and manner, and of such strength, as 
will make tham available, in an emergency, for war purposes, and 
render them easily convertible to such uses. 

XXI. That the said company shall be required, before the pay- Rouuisitions 

ment of the said sum of money, to bind itself to complete two of f"'" «""i>"n>' to 
• 1 1 • 1 • 1 1 ,1 11 (- 1 • 1 1 complete ves- 

said vessels within twelve months from the date of tins charter, and seis. 
sooner if practicable, and to keep said vessels in perfect repair for 
the period of five years, and to insure the same in the sum of at 
least one hundred and twenty-five thousand dollars. 

XXII. That the two vessels aforesaid shall be mortgaged to the Vessels to be 
State of South Carolina to secure the payment of the loan afore- mortfrnged to 
said, and the policies of insurance, aforesaid, shall be assigned to ^"^ '''**^* 
said vState. 

XXIII. That it shall be a further condition of the loan aforesaid, Vessel? may 
and of the acceptance of this charter, that the said company shall by the"sTate^oa 
hold themselves in readiness, at all times, during five years from L<rtain terms, 
date of this charter, promptly, on demand, to transfer and deliver 

to the State of South Carolina, or its authorized agent, any or all of 
the steam vessels built under this charter, upon payment by said 
State of the reasonable value of said vessels, to be ascertained by 
five Commissioners, two of whom are to be appointed by the Lcgis- 



32 STATUTES AT LARGE 

A. P. 18.50. lature, two by the corapauy, and the fifth by the four Comraission- 

^"'"v^"' ers si) to be appoiuted. 

Bank of the XXIV. That the Commissioners aforesaid shall certify to the 
Stiitc to make President and Directors of the Bank of the State, whenever pay- 
ments are to be made, according to the terms of this charter, where- 
upon the said President and Directors shall make loans of the said 
sums to the said company upon the terras hereinbefore provided, 
and shall take from them the sureties required for the payment of 
said loans, and at the proper time shall call in the money loaned, 
and, if necessary, make application of the securities accordingly. 

Act may be XXV. That the Legislature may, at any time, alter or modify 
this charter, by the consent of the corporation. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in the 
seventy-fifth year of the sovereignty and independence of the 
United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMOXS, Speaker House of Representatives. 



modified. 



Xo. 4008. AX ACT to Incorporate The Columbia Insurance Com- 
pany IN the Town of Columbia, S. C. 

Incorporating I- Be it enacted by the honorable the Senate and House of Rep- 
section, resentatives, now met and sitting in General Assembly, and by the 
authority of the same. That J. T. Mickle, Jesse Drafts, J. M. 
Blakely, Robert Cathcart, J. C. Thornton, John Caldwell, Edward 
Sill, B. D. Boyd, Jas. V. Lyles, J. S. Boatwright, J. H. Wells, A. 
D. Hitt, A. Xeely, Thomas W. Kennedy, and others, who have 
formed an association under the firm or name of "The Columbia 
Insurance Company," and their successors and assignees shall be, 
and they are hereby, erected into one body politic and corporate, in 
law and in fact, under the name, style and title of " The Columbia 
Insurance Company," and by the same name, style and title, shall 
Succession of have succession of officers and members, and all the powers, privi- 
efrTc! ^"^^ leges and franchises incident to corporations, and shall be capable 
of taking, holding and disposing of their capital stock according to 
their present or future rules, regulations and institutions, and also 
of taking, holding and disposing of, or investing, as the said corpo- 
ration shall from time to time judge fit, the increased profits and 
emoluments of their capital stock to their own proper use ; and 
shall have full power and authority to make, have and use a com- 
mon seal, 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, style and title aforesaid, shall be able and capa- 
ble, in law and equity, to sue and be sued, to implead and be im- 
pleaded, to answer and be answered unto, in all or any 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 President, and other officers and Directors, in such num- 



OF SOUTH CAROLINA. " 33 

bers, at such periods, and with such duties as they shall see fit; and '^■^- '^^^'"■ 
also to make rules, by-laws and ordinances, and to do every thin<,f " ' 

iieedlul for the good <iovernraent and management of the affairs of 
the said corporation : I'rovided, 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. 

IL That the said corporation shall be, and they are hereby, Amount of 
authorized and empowered to receive subscriptions tor capital or 
stock, to the amount of two hundred thousand dollars; and it shall 
not be lawful for the said corporation to make any contract of 
indemnity, or underwrite any policy of insurance upon risk of ves- sure.^^*^^ 
sels, or of goods and merchandise, or make any contract of indem- 
nity or underwrite any policy of insurance against fire, or make 
any insurance on life, or contract for, or grant any annuity, until 
the sum of one hundred and fifty thousand dollars shall have been 
subscribed and actually paid; and the said corporation are hereby 
authorized, at any future period, during ihe continuance of this 
charter, to increase their capital stock to any amount not exceeding 
four hundred thousand dollars. 

III. That the said corporation shall have the right and power, ^Jurtherpow- 
by their said name, and by the signature of their President, lor the 

time being, or by the signature of such other person or persons, and 
with such ceremonies of authenticity, as they shall, from time to 
time, in and by their rules and by-laws, ordain and ap})oint, to 
make contracts and underwrite policies of insurance and indemnity 
upon marine risks of vessels, or of 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, or to be laden; and also, in like manner, to 
make contracts, and underwrite i)olicies of insurance and indemnity 
against tire, on all buildings, goods, wares, merchandise, and other 
property, situate, lying, being, or deposited in this State or else- 
where; and also in like manner to advance money upon bottomry 
or respondentia bonds, and generally to perform and transact 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 capital stock. 

IV. That the said corj)()ration shall have the right and power, . 

by their said name, and in manner and form aforesaid, to make in- ance/ annuity! 
surance on lives, by sea and on shore, and to contract for, grant and •Re- 
sell annuities and reversionary payment, and generally to make all 
kind of contracts in which casualties of life and interest of money 
is principally involved ; and to make, execute and perfect such and 
so many contracts, agreements, bargains, policies, and other instru- 
ments as shall or may be necessary, and as the nature of the case 
shall or may require; and the said corporation shall remain a body 
politic indefinitely, as far as relates to the contracts permitted to be co?ponitTon. °^ 
made by this clause ; and if at any time it shall appear to tiie Leg- 
islature that the privileges granted by this clause are injurious to 
the public welfare, the power thereol' to repeal this clause shall not 
be hereby denied or impaired, but such repeal shall not affect any 
engagement to which said company or corporation may have be- 
VOL. XII — 3 



34 STATUTES AT LARGE 

A. I>. iSriO. come a party previously thereto, and that the said corporation shall 

' V ' have a reasonable time to bring their accounts to a final close. 

To hoia real V. That the said corporation shall have a right and power to 

estate, \-e. purchase, acquire, take and hold, in their said corporate name, lands 

and real erstate, and the same to grant, sell, assign and convey in 

fee or otherwise: Provided, The yearly increase of the estate so to 

be held shall not at any time exceed six thousand dollars. 

To make by- VI. That the said corporation shall be, and they are hereby, in- 
ii^*- vested with full power to enforce on their own members the due 

observance of all legal by-laws and regulations for their better gov- 
ernment, under such penalties as they shall, in and by such by-laws, 
limit and prescribe, and to that end, if need be, shall and may in- 
stitute and maintain, in their said corporate name, against any one 
or more of their members, either at law, or in equity, all just and 
necessary suits, actions and pleas, for the recovery of all or any 
sum or sums of money, to the use of said corporation, in as ample 
manner as suits might be maintained against persons not members 
of the said corporation, any law, usage or custom to the contrary 
thereof in any wise notwithstanding. 

Bi^soiutionof YII. That on the expiration or dissolution of said corporation, 
Ykied"o^-. '"°" that then, and in such case, the estate by said corporation possessed, 
shall not escheat, but be vested in the several members of the said 
corporation in average and proportion to their several and respec- 
tive shares in the capital stock aforesaid, after payment of the debts 
of the said corporation. 

Tonu of dura- YIII. That this charter, (except the fourth clause thereof) shall 
cease and determine after the lapse of twenty-one years from the 
date of the same; and that this Act shall be deemed a public Act. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in 
the seventy-fifth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



tloll 



No. 4009. AN ACT to Incorporate the Furman University. 

Incorporating I. Be it enacted by the Senate and House of Representatives, now 
section. j^g|. g^Q^i sitting in General Assembly, and by the authoity of the 

Trustees same. That Wm. B. Johnson, J. R. Kendrick, J. C. Furman, J. O. 
B. Dargan, J. S. Miras, T. P. Lide, J. Belton O'Neall, A. J. Law- 
ton, J. A. Lawton, S. Furman, M. T. Mendenhall, Z. Watkins, A. 
Rice, J. Culpepper, R. Furman, T. Curtis, H. D. Duncan, T. Hop- 
kins, AV. P. Hill, H. A. Duncan, Isaac Nichols, T. Adams, J. L. 
Brooks, R. G. Edwards, W. Brooker, and such other persons as 
shall be elected Trustees by the State Convention of the Baptist 
denomination in South Carolina, are hereby constituted a body poli- 
tic and corporate, in deed and in law, by the name of The Furman 
University; and that by the said name they and their successors 



OF SOUTH CAROLINA. 35 

shall and may have perpetual succession, and be able and bapable A- ^- ^^''O- 
in law to have, receive and enjoy to them, and tiieir successors, real ^— ^r"-— ' 
and personal property, not exceeding three hundred thousand dol- 
lars. The location of the said University shall be at or near Green- 
ville Court House, in the District of Greenville. 

n. That the said Trustees shall continue in office for the terra of , TermofTrus- 
four years from the passing or this Act, and at the expiration or 
the said four years, and every four years thereafter, the said State 
Convention of the Baptist denomination in South Carolina shall „ 
elect their successors, the number thereof to be increased or dimin- successors. 
ished as the said Convention may deem proper. And the Trustees 
aforesaid shall be capable of doing or transacting all the business jJowers 
and concerns of the said University, but more particularly of elect- 
ing all the customary and necessary officers of the said institution, 
of fixing their several salaries, of removing any of them for neglect, 
misconduct or other cause, of prescribing the course of study to be 
pursued by the students, and in general of framing and enacting all 
such ordinances and by-laws not repugnant to the laws of this State 
as shall appear to them necessary for the good government of the 
said University. 

in. That the Trustees of the said University shall and may have Rights eon- 
a common seal, with liberty to change or alter the same, from time ^"^ ' 
to time, as they shall think proper; and that by their aforesaid 
name, they and their successors shall and may be able to implead 
and be impleaded, answer and be answered unto, defend and be de- 
fended, in all Courts within this State, and to grant, bargain, sell or 
assign any lands, tenements, hereditaments, goods or cliattels ; and 
to act and do all things whatsoever for the benefit of the said Uni- 
versity in as ample a manner as any person or body politic or cor- 
porate can or may by law. 

IV. That the said University may grant to students under its Diplomas 
charge diplomas or honorary testimonials, in such form as it may ™,'*y ^^ grant- 
designate. It may also confer such literary honors, degrees and 
diplomas as are usually granted by any University, College or Semi- 
nary of learning in the United States. 

V. That the State Convention of the Baptist denomination in Fund?, how- 
South Carolina is hereby authorized to make such arrangements t"^''"®'*^"*^^- 
with the said University for the transfer of the funds and property 

of the said Convention, or any part thereof, either absolutely or 
conditionally, to the said University, as the said Convention shall 
deem proper. 

VI. That this Act shall be deemed a public Act, and continue of Public Act. 
force for the term of fourteen years, and from thence until the ad- 
journment of the next session of the Legislature. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in the 
seventy-fifth year of the sovereignty and independence of the 
United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



36 STATUTES AT LARGE 

A. D. i8.io. AN ACT TO Incorporate the Swedish Iron Manufactur- 

^— — V ' iNG Company of South Carolina. 

No. 4010. 

Incorporating I. Be it enacted by the Senate and House of Representatives, now 
Section. met and sitting in General Assembly, and by the authority of the 

same. That Charles W. Hamraarskold, F. R. Wickenburg, Wra. 
B. Heriot, Hugh P. Cameron, George S. Cameron, Charles H. Pauk- 
nin, and their associates and successors, are hereby made and created 
a body politic and corporate, in law, by the name and title of " The 
Swedish Iron Manufacturing Company of South Carolina," for the 
purpose of manufacturing iron and other manufactures incidentally 
connected therewith ; and may purchase or erect all such mills or 
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 
one thousand dollars each, a capital stock of fifty thousand dollars. 

Right tohoid II. That the said corporation may purchase and hold such real 
property. estate in South Carolina as may be required for the purposes of the 

said corporation, or such as they may be obliged, or deem it for 
their interest to take, in the settlement of any debts due the said 
corporation ; and may dispose of the same, and may sue and be 
sued in all Courts of law and equity ; may have and use a common 
seal, and make such by-laws for their regulation and government as 
they may see proper: Provided, They are not inconsistent with the 
Constitution and laws of the United States, and of this State. 

Board of Di- III. The government and management of all the affairs and 
operations of said company shall be vested in a Board, to consist of 
a President and four Directors, to be elected annually by the stock- 
holders from amongst themselves, who shall be chosen at such times 
and places, and according to such by-laws, as the said company may 
agree on. 
Subscription IV. The Board of Directors may call in the amount of the said 
capital stock at such periods and in such proportions as they may 
deem best, by publishing in one or more newspapers iu Charleston 
fifteen days' notice of the amount required, and the time and place 
of payment, provided that the whole amount of the said capital 
stock shall be paid in on or before the first day of January of the year 
1853. And an oath or affirmation thereof shall be made by the 
President, Treasurer, and a majority of the Board of Directors, 
which shall be recorded in the Secretary of State's office, and pub- 
lished in two of the Charleston newspapers. And if any stockholder 
shall fail to pay the amount required, at the time and place desig- 
nated, interest shall be charged on the amount so called for until it 
is paid ; and upon such failure to pay, the Board of Directors shall 
again publish a demand for the payment of the sum required, and 
giving notice that if the instalment called for is not paid at the 
place appointed, within thirty days, with all interest due thereon, 
all and every payment before made on the stock of such defaulting 
stockholder or stockholders, shall be forfeited to the company ; and 
if such instalment, or the portion thereof so called for, shall not be 
paid in, with interest, within thirty days after the ])ublication of 
such notice, all the money paid in on the shares of such stockholder 
or stockholders is hereby declared forfeited to the said company : 
Provided, That in every case where such default is occasioned by the 



rectors. 



to be raised. 



OF SOUTH CAROLINA. 37 

death of the stockholder, the legal representative or representatives ^- ^*- ^'^'^■ 
of" such stockholder may redeem such stock at any time within one ^■— v^— -^ 
year from such default, by paying u[) the principal and all interest 
duo thereon. 

V. The stockholders of said company shall hold certificates of Scrip assign- 
their stock, signed by the President and Secretary, which certificate '^'^'*^- 

shall be assignable and transferred in such manner and form us may 
be directed by the said bydaws of said company. 

VI. The said company may at any time increase its capital, not , Cnpitni may 
exceeding one hundred and twenty-five thousand dollars, for the 

purpose of carrying ou its operations, by opening subscriptions for 
new stock. 

VII. That the capital stock shall be deemed personal estate, and Capital stocks 
be transferable upon the books of the said corporation ; and no part l|ai'est'at(rTc!' 
of the said capital stock shall, at any time, or upon any pretence 
whatever, be loaned to or divided amongst the stockholders ; neither 

shall the capital be withdrawn or divided among the stockholders 
until all the liabilities of the company are lawfully paid ; and no divi- 
dends shall be declared, except from the nett earnings of the company. 

VIII. That each stockholder shall have one vote for each share votes. 
he may own or represent at the election of Directors, and all meet- 
ings of the company. 

IX. That the Directors shall submit to the stockholders semi- Directors to 
annually a written statement, under oath or affirmation of the Trea- ho\ jers" ^*^°'^'^' 
surer of the corporation, setting forth the amount of capital stock 

paid in, and general assets of the company, and, also, of the amount 
of all their existing debts. 

X. The said company shall have, use and enjoy all the privileges Additional 
and powers heretofore granted to the late "The Nesbitt ]Manufac- privileges. 
taring Companv," in regard to the dam or dams across Broad Kiver, 

at Ninety-nine Islands, and just above the Cherokee Ford, for the 
purpose of manufacturing iron or other manufactures: Provided, 
That if, at any time hereafter, the State shall open the navigation of 
said river, nothing in this grant shall be construed to deprive the State 
of the ])rivilege of providing for a passage through the said dam. 

XI. The members of the said corporation shall be liable jointly Liability of 
and severally for all debts and contracts made by the said corpora- members, 
tion until the whole amount of the capital stock which may be sub- 
scribed shall have been actually paid in ; and no note or obligation 

given by any stockholder, whether secured by a pledge of his stock 
in said corporation or otherwise, shall be considered as payment of 
any part of the capital stock until such notes or obligations shall 
have been actually paid. 

XII. This Act shall be taken and deemed to be a public Act; Term of Act. 
shall be and continue of force for the term of fourteen years, and 

shall not be so construed as to confer any exclusive privileges. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in the 
seventy-fifth year of the sovereignty and independence of the 
United States of America, 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



38 STATUTES AT LARGE 

A. D. lS.-)0. J^-^ ^CT TO IXCOEPORATE "ThE HaMBURG PaPER MiLLS 

* V ' Company." 

No. 4011. 

incorponiting I. Be it enacted by the Senate and House of Representatives, now 
Section. jjigj and sitting in General Assembly, and by the authority of the 

same, That H. A. Kenrick, J. H. Anderson, W. W. Sale, W. F. 
Kenrick, and M. W. Coleman, and their associates and successors, 
are hereby made and created a body politic and corporate, by the 
name of the " Hamburg Paper Mills Company," for the purpose of 
manufacturing paper, and all machinery used for such purpose, and 
for the transaction of such business as may be necessarily connected 

pcrty^&c. ^^°' therewith, and may purchase and hold such real estate, 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 often 
thousand dollars, with the privilege of increasing the same to fifty 
thousand dollars whenever they shall deem it practicable. 
Members liii- H. The members of the said corporation shall be liable, jointly 

tai be paid'in. and severally, for all debts and contracts made by such corporation, 
until the whole amount of the capital stock authorized to be sub- 
scribed as aforesaid shall have been actually paid in; and no note, 
or obligation, given by any stockholder, whether secured by a 
pledge of the stock in such corporation or otherwise, shall be con- 
sidered as payment of any part of the capital stock, until such 
notes or obligations shall have been actually paid. 
Capitol stock HI. That the capital stock aforesaid shall be deemed personal 

sonai*' estate, estate, and be transferable on the books of the said corporation; 

^^- and no part of the said capital stock shall, at any time, or upon 

any pretext whatever, be loaned to, or divided amongst the stock- 
holders for dividends, neither shall it be withdawq or refunded to 
the stockholders, until all the debts or liabilities of the said corpora- 
tion are fully paid; and each stockholder shall, in the election of 

tioned!^'^^^'"'^ Directors, and at all meetings of the stockholders, have one vote 
for each share of the stock he holds in said company. 
Books to be IV. That J. H. Anderson, W. W. Sale, H. A. Kenrick, Samuel 

opened. Trowbridge, and AV. F. Durisoe, or a majority of them, may open 

books and take subscriptions for the capital stock, in such manner 
as they may deem expedient; and, whenever such subscriptions 
amount to ten thousand dollars, and five thousand dollars of the 
capital stock shall have been paid in, as aforesaid, the stockholders 
having had two weeks' notice in writing, or in a newspaper published 
in the District where said corporation is located, shall proceed to 
Succession of elect such Directors and officers as they may deem necessary for 

" ^^^^- conducting the affairs of the company, the same to hold office un^iil 

their successors shall be elected, and such Directors, or their succes- 
sors, shall have power to dispose of any remainder of the stock, 
which may not have been subscribed for, in such manner and at 
such time as they may deem fit, and to have a common seal, and 
make all lawful regulations and rules for the transaction of their 
business. 

process*'^ of ^^ V. That she service of the process of any Court of this State 
shall be legal and valid on said body politic and corporate, if the same 
shall be left at the manufactory: Provided, The President of the 



OF SOUTH CAROLINA. 39 

company is absent from iiud beyond the limits of the District wli re ^- ^*- ^^''f'- 
the said manufactory is located. ^-~v~-^ 

In tlie Senate House, the twentietii day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in the 
seventy-third year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON, Fresident of the Senate. 
JAMES SIMONS, Speal^er House of Representatives. 



AN ACT TO iNCORrORATE THE VILLAGE OF TOTNESS. No. 4012. 

I. Be it enacted by the Senate and House of Representatives, now vina-re in- 
met and sitting in General Assembly, and by the authority of the corporated. 
same, That from and after the passing of this Act, all persons, citi- 
zens of the United States, who have resided six months at and near 

the village of Totness, in St. Matthew's Parish, Orangeburg Dis- 
trict, and within the limits hereafter set forth, shall be deemed and 
are hereby declared to be a body politic and corporate, and shall 
be called and known by the name of "Totness," and its corporate 
limits shall extend a half mile in each and every direction from the 
church now standing in said village. 

II. The said village shall be governed by an Intendant and three (iovemmcnt. 
Wardens, who shall be elected on the second Monday in January 

in every year — ten days' notice being previously given — except that 
the first election under this Act shall be held after notice of five Election. 
days, to be conducted by A. D. Goodwyn, J. S. Lewis and Wm. R. 
Thomson, or a majority of them; and the said Intendant and War- 
dens shall be known by the name of "The Town Council of Tot- 
ness;" and the said corporation is hereby invested with all the pow- Powers con- 
ers and privileges conferred, and suliject to the same restrictions and furred, 
penalties imposed on the corporation of the village of Newberry, 
by an Act passed on the seventeenth day of December, Anno 
Domini one thousand eight hundred and forty-one, entitled "An 
Act to Incorporate certain Villages, Societies and Companies, and 
renew and amend certain Charters heretofore granted, and to 
establish the principles on which Charters of Incorporation shall 
hereafter be granted." And the town Council of "Totness" are 
hereby further authorized and empowered to assess and levy a tax Taxes. 
on such property, real and personal, as may be within the corporate 
limits aforesaid, within their discretion: Provided, That the entire Proviso. 
amount to be levied shall at no time exceed one hundred and fifty 
dollars. The aforesaid charter shall continue for seven years, and , Duration of 
until the end of the session of the Legislature next following:. 



charter. 



In the Senate House, the twentieth day of December, in the year 
of our Lord one thousaml eight hundred and fifty, and in 
the seventy-fifth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker flouse of Representatives. 



40 STATUTES AT LARGE 

A. D. 1850. AN ACT TO Incorporate the New Charleston Water 

^-^v-^-' Company. 
No. 4013. 

T r I. Be it enacted by the Senate and House of Representatives, now 

Incorporating ,.. -A ia ii ii i i- ^•l 

Section. met and sitting in General Assembly; and by the authority oi the 

same, That Joshua Lazarus, H. W. Conner, M. C. IMordeeai, Henry 
Gourdin, O. Mills, G. S. Cameron, Robert Martin, Joseph Prevost, 
and their associates and successors, shall be, and they are hereby, 
incorporated and declared a body politic and corporate ; shall have 
power to make, use, have 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 officers and members 
conformably to such by-laws, and to sue and be sued, implead and 
be impleaded iu 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 which are incident to bodies incorporate. 
Powers con- H. That said company shall have full power and authority to 

^"'^ ■ take, hold and convey water from any point on or near the Edisto 

River, or any other river, springs or other sources within sixty-five 
miles of the city of Charleston, into and through the said city, with 
the consent of the City Council of Charleston first had and obtained, 
and shall have full power and authority to make canals, lay con- 
duits or tunnels for the conveyance of the said water, through, 
under and along any highway in the country adjacent, or any street 
or streets, lane or lanes, alley or alleys of the city of Charleston, for 
the purpose of conveying and distributing said water ; and the said 
conduits, canals or tunnels, from time to time to renew and repair, 
and for such purposes, to dig, break up and open, at their own ex- 
pense, all or any part of such highways, streets, lanes and alleys, 
and of the middle or side pavements thereof, leaving at all times a 
sufficient passage for carriages, horses and foot passengers, and re- 
storing forthwith, to their former condition, all such highways, 
streets and alleys, and the pavements thereof, as may be at any 
Amount of ^'"^^ ^^ ^^S' Opened or taken up. And the said company shall have 

shares and cap- full power and authority to erect such 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 power 
to raise, by subscription, in shares of fifty dollars each, a capital of 
five hundred thousand dollars, with the privilege of increasing the 
same to three millions of dollars, if so much be deemed proper, and 
the said corporation shall not go into operation, nor the rights, privi- 
leges and franchises hereby granted, attach, until the sura of fifty 
thousand dollars shall have been actually paid in, in gold or silver 
coin, or the current notes of the incorporated banks of this State, 
and an oath or affirmation thereof shall have been made by the 
President, Treasurer, and a majority of the Board of Directors of 
the said company, and recorded in the office of the Secretary of 
State, at Charlestpn, and shall have been published iu at least two 
respectable newspapers in the said city. 

&c ^^^^'^"'"^'■^' IJfl- That the said company shall have full power and authority 

tab'iished. to establish reservoirs and public fountains in such parts of the 

' streets and squares of the said city, with the consent of the City 

Council of Charleston first had and obtained, or adjacent thereunto 



OF SOUTH CAROLINA. 41 

or elsewhere, to be connected with the works, as they may tliinlc A^Rim 
proper, and to grant to all persons whomsoever, and to all bodies ^ ~ 

politic and corporate, the privilege of using the said water, to be 
introduced in such a manner, and on such terms and conditions, and 
in quantities respectively, as they shall think fit. And the said 
water, so to be introduced, together with all reservoirs, canals, tun- 
nels, engines, buildings and machines, to be by them made and used 
for the purpose of introducing, raising and distributing the said 
water, to hold to them, their successors and grantees forever, as their 
sole and exclusive property. 

IV. That the said shares in the capital stock aforesaid, of the Shares deem 
said corporation, shall be deemed personal estate, and be transfer- f^tr'^'''"''' ^'' 
able only on the books of the said corporation. And no part of the 

said capital shall, at any time, or under any pretence whatever, be 
loaned to or divided amongst the stockholders until all the liabili- 
ties of the said corporation have been lawfully paid, nor shall any 
dividend or dividends be at any time declared, except of the clear 
earnings and profits of the said company. 

V. That if the proprietor of any share shall neglect or refuse to Overdue in- 
pay instalments assessed thereon, for the space of thirty days after to^j^obuined! 
the time appointed for the payment thereof, the Treasurer of the 
company may, by order of the Board of Directors thereof, sell, by 

public auction, a sufficient number of any shares held by such de- 
faulter to pay all instalments 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 pre- 
vious to such sale, in some newspaper in 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 thereupon be 
entitled to have the same transferred to him on the books of the 
company, and shall be liable for all future instalments on the stock 
he may purchase. 

VI. That the said Joshua Lazarus, H. W. Conner, M. C. Mor- Subscriptions. 
decai, Henry Gourdin, O. Mills, G. S. Cameron, Robert Martin, 

Joseph Prevost, may open books and take subscriptions for the 
capital stock of the said company, in such manner as they may deem 
expedient, and whenever such subscription shall amount to the sum 
of one hundred thousand dollars, the stockholders having had two 
weeks' notice, in writing, or in one of the public newspapers in the 
city of Charleston, may meet and proceed to elect a President, j,g^J'J.g'^^'°° ^^ 
Treasurer and Board of Directors, or such other officers as they 
may deem necessary for organizing the said company and conduct- 
ing the affairs thereof. And the said Board of Directors shall con- 
tinue in office until their successors shall have been duly elected, 
and until otherwise provided by the l\v-laws of the said corporation, 
shall have power to dispose of the residue of the capital stock of the 
said company not subscribed for in such manner and at such time 
as they may deem fit. And at the said election of officers, and at 
all meetings of the said company, every stockholder shall be enti- 
tled to one vote for every share held by him. That the Directors Directors to 
shall submit to the stockholders, annually, a written statement under holders." *''^'''^' 
oath or affirmation of the Treasurer of the corporation, setting forth 



42 STATUTES AT LARGE 

A. D. is.-n. tijg amount of the capital stock paid iii, and of the general assets 
^—""v— -^ of the said company. 

Penalties. VII. That if any person or persons shall wantonly, negligently, 

or maliciously divert the water, or any part thereof, of any ponds, 
streams, springs, or water sources which shall be taken by the said 
company in pursuance of the provisions of this Act, or shall corrupt 
the same, or render it impure or offensive, by mingling other sub- 
stances with it, or by washing or swimming in it, or by erecting any 
privy or other nuisance near it, or by any other means whatsoever, 
or shall injure or destroy any dam, aqueduct, pipe, conduit, hydrant, 
machinery, or other property held, owned or used by the said com- 
pany, by the authority and for the jiurposes of this Act, any such 
person or persons shall forfeit and pay to the said company treble 
the amount of damages sustained by any such injury, to be recov- 
ered by action on the case. And any such person or persons shall 
moreover be deemed guilty of a misdemeanor, and may, on indict- 
ment and conviction thereof, be punished by fine, not exceeding five 
hundred dollars, and imprisonment not exceeding one year, at the 
discretion of the Court. 
What Courts VIII. That any such action or complaint by the said company, 

tiou. against any person or persons whomsoever, on account of, or grounded 

on a trespass or injury done to the said works, or any tunnels, con- 
duits, canals, water courses, pipe, hydrant, machinery, or other 
property of the 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 in this State 
having jurisdiction in such like case; and nothing in this Act pro- 
viding for the special remedies of the 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. 
City Council IX. If the City Council of Charleston shall at any time, within 

right to pur- twenty years after the water works shall go into operation, desire 

chase, &c. to purchase the same, they shall have the right to do so upon the 
following terms: That is, upon providing for the payment to the 
company, within such time as may be agreed on between the parties, 
of the amount actually paid in and expended, and such additional 
sum as will, when added to the annual receipts of the said company, 
over and above the actual annual expenditures, make up the sum 
of ten per cent, annually upon the capital stock actually paid in ; 
and, further, a premium graduated at the following rates, namely: 
If within five years, a premium of twenty-five per cent, upon the 
amount of capital stock, as aforesaid, paid in and expended by said 
company; if after five years, and within six years, nineteen per 
erms. ^g^j. . j£ after six, and within seven, eighteen per cent ; thus reducing 

the amount of premium to be paid by the said City Council of 
Charleston one per cent, for every year beyond five years ; that the 
said water works shall remain in the possession of the said water 
works company, so that, if not taken within the twentieth year, the 
premium to be paid shall be five per cent. 

te?°i™ °^°^'^^' ■^' '^^^^ t'l'* ^ct shall continue in force for forty years, and no 
part of the capital stock, nor any of the funds of the corporation, 
shall at any time during the continuance of this charter, be used 
directly or indirectly in banking operations, or for any other pur- 



OF SOUTH CAROLINA. 43 

pose whatever, inconsistent with this Act. That this charter, and A. D 1850. 
every thing contained therein, shall cease and determine, unless the ^ 

company shall have been duly organized, and shall have actually 
connnenced the work within three years from this date. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and lifty, and in the 
seventy-fifth year of the sovereignty and independence of the 
United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Charter and Incorporate Erskine College, No. 4014, 
AT Due West, in Abbeville District. 

I. Be it enacted by the Senate and House of Representatives, now g^"^?'"^''^''*^"" 
met and sitting in General Assembly, and by the authority of the 

same. That the Honorable John Belton O'Neall, A. Haddon, J. L. 
Ellis, Dr. Enoch Agnew, Dr. George W. Presslv, Dr. W. Anderson, 
Dr. J. W. Hearst, Dr. A. Chalmers, P. H. Bradley, W. H. Bradley, 
E. E. Pressly, Samuel Donald, D. O. Hawchorn, W. Wright, J. 
Hemphill, W. R. Hemphill, J. Lindsay, J. J. Bonner, J. C. Chal- 
mers, J. L. Young, J. Boyce, D. Lesley, J. Galloway, R. C. Greer, J. 
R. Wilson, J. Pratt, John Walker, H. A. Jones, A. C. Hawthorn 
and J. M. Young, and their successors in office, be, and they are 
hereby, created and constituted a body politic and corporate, by the 
name and style of " The Trustees of Erskine College," a seminary Trustees. 
of learning, situated at Due West, in Abbeville District, in the 
State of South Carolina, and as such, and by said name of The 
Trustees of Erskine College, shall be capable and liable in law and 
equity, to sue and be sued, to plead and be impleaded, to use a com- 
mon seal, and to make such by-laws and rules for the regulation 
and government of said College, as they may deem necessary: Pro- 
vided, Said by-laws and rules be not repugnant to the Constitution 
and laws of this State, or of the United States. 

II. That the said Board of Trustees are, and shall be authorized Appointment 
to appoint such officers as they may think necessary and proper for ° '^ °*''^^' 
the organization and government of their own body, and also all 

the officers, professors, tutors and instructors, of and in said College: 
Provided, That the Associate Reformed Synod of the South, or any Proviso, 
other assembly to which said Synod may transfer its authority, shall 
have the power of confirming or annulling such appointments, and 
of exercising a general control and supervision over the officers, 
affairs and government of said College. 

III. That the said Board of Trustees shall have power and an- Honors. &c., 
thority to confer and award all such distinctions, honors, licenses "j^ ^ ^'^'^^ ' 
and degrees, as are usually conferred and awarded in the Colleges 

and Universities of the United States. 

IV. That the said Trustees and their successors shall have and rower to hold 
hold all the estate, property and funds now belonging to said Col- Property, &c. 



44 STATUTES AT LARGE 

A. D. m^o. lege, and all property, funds, money, donations, legacies and devises 

^"^v""^ which may hereafter be granted, conveyed, bequeathed and devised, 
or given to said College, in trust, nevertheless, for the use and benefit 
of said College. 

Trustees, how ^'- That said Trustees shall be appointed or chosen for the term 
elected. of four years, by the Associate Reformed Synod of the South ; and 

said Trustees shall be divided, as equally as may be, into two classes, 
80 that one half may be chosen every second year after such divi- 
sion takes place; and said Synod shall have power and authority to 
fill all vacancies in said Board of Trustees which shall occur by 
death, resignation or otherwise. 

Sale of ardent yj. That it shall not be lawful for any person to establish or keep, 
itcd. in any direction within two miles of the said College, any house or 

store or shop for retailing ardent spirits. 

Public Act. YII. This Act shall be taken and deemed to be a public Act, and 
continue in force for the term of twenty-one years, and from thence 
until the adjournment of the next General Assembly thereafter. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in 
the seventy-fifth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4015. AN ACT to Incoeporate the Hayne Cotton Mill Com- 
pany. 

Incorporating L JBe it enacted by the Senate and House of Representatives, now 
Section. jjjgt amj sitting in General Assembly, and by the authority of the 

same. That James H. Taylor, H. A. Kenrick, James H. Anderson, 
Josiah Sibley, J. W. Stokes, A. Burnside, J. J. Blackwood, and 
their associates and successors, are hereby made and created a body 
politic and corporate in law, by the name of " The Hayne Cotton 
Mill Company," for the purpose of manufacturing, dying, printing 
and finishing all goods of which cotton or other fibrous articles may 
form a part, as well as all machinery used for such purposes, and 
for the transaction of such business as may be necessarily connected 
therewith, and may erect such mills and other works as may be re- 
quired to carry on such branches of manufacture, and they shall 
have power to raise by subscription, in shares of five hundred dollars 
Capital. each, a capital of three hundred thousand dollars. 

Powersgrant- II. That the said corporation may purchase and hold such real 
estate as may be required for the purposes of said corporation, or 
such as they may be obliged, or deem it for their interest to take in 
the settlement of any debts due to the said corporation, and may 
dispose of the same, and may sue or be sued in all Courts of law or 
equity, may have and use a common seal, and make such by-laws 
for their regulation and government as they may see proper, which 
are not inconsistent with the Constitution and laws of the United 
States and of this State. 



OF SOUTH CAROLINA. 45 

IIT. That the sjiid corporation shall not go into operation until ^- ^- 1*^^- 
one luHKlred and iifty thousand dollars of the capital stock shall be ^~^"v— -^ 
paid in gold or silver, or the current bank notes of this State, and intcToperatio'rK 
an oath or affirmation thereof shall be made by the President, Trea- 
surer, and a majority of the Board of Directors, which shall be re- 
corded in the Secretary of State's office, and published in at least 
two respectable newspapers in the State, one as near the establish- 
ment as circumstances will admit, the other in the city of Charles- 
ton, and this shall be repeated after the payment of each instal- 
ment, until the whole capital is paid in. 

IV. That the members of the said corporation shall be liable LiiibiUty of 
jointly and severally for all debts and contracts made by such cor- "ic°i'^^'''s- 
poration, until the whole amount of the capital stock authorized to 

be subscribed as aforesaid shall have been actually paid in, and no 
note or obligation given by any stockholder, whether secured by a 
pledge of the stock in such corporation or otherwise, shall be con- 
sidered as payment of any part of the capital stock, until such notes 
or obligations shall have been actually paid. 

V. That the capital stock shall be deemed personal property, and Stock person- 
be transferable upon the books of the said corporation, and no part ^i property. 
of the said capital stock shall, at any time, or upon any pretence 
whatever, be loaned to, or divided amongst the stockholders, neither 

shall the capital be withdrawn or divided among the stockholders ,...^?f"fk not 
until all the liabilities of the company are lawfully paid, and no 
dividends shall be declared except from the nett earnings of the 
company. Each stockholder shall have one vote for each share he Votes. 
may own or represent at the election of Directors and all meetings 
of the company. 

VI. That if the proprietor of any share shall neglect to pay any Defaulters, 
instalment assessed thereon, for the space of thirty days after the 

time appointed for the payment thereof, the Treasurer of the com- 
pany, by the order of the Directors, may sell by public auction a 
sufficient number of such delinquent shares to pay all instalments 
then due from him, with all necessary incidental charges. The 
Treasurer shall give notice of the time and place of sales, and of 
the sura due on each share, by advertising the same three weeks 
successively before the sale, in some newspaper which may be 
printed near the vicinity of the establishment, and a bill of sale of 
the share so sold, made by the Treasurer, shall transfer said stock 
to the purchaser, who shall be entitled to a certificate thereof 

VII. That James H. Taylor, H. A. Kenrick, James H. Ander- Opening of 
son, Josiah Sibley, J. W. Stokes, A. Burnside and J. J. Blackwood, '"'°^'- 

may open books and take subscriptions for the capital stock, in such 
manner as they may deem expedient; and whenever such subscrip- 
tions shall amount to one hundred and fifty thousand dollars, the 
stockholders having had two weeks' notice in writing, or in a public 
newspai>er in the vicinity of the establishment, may meet and pro- 
ceed to elect such Directors and officers as they may deem necessary Succession of 
for conducting the affairs of the company, they to hold office until f^fficers. 
their successors shall be elected ; and such Directors, or their suc- 
cessors, shall have power to dispose of any remainder of stock which 
may not have been subscribed for, in such manner, and at such 
times, as they may deem fit. 



46 STATUTES AT LARGE 

A. D. iSoO. VIII. That the Directors shall submit to the stockholders, annu- 
'"""■V—' ally, a written statement under oath, or affirmation, of the Treasurer 
Annual Report ^j.' |.|^g corporation, setting forth the amount of capital stock paid 
in, and general assets of the company, and also the amount of all 
the existing debts, which statement shall be published in a news- 
paper located nearest to said manufactory. 
Service of IX. That the service of the process of any Court of this State 
process. shall be legal and valid on said body politic and corporate, if the 

same shall be left at the manufactory: Provided, The President of 
the company is absent from, and beyond the limits of the District 
Limitofchar- where the said manufactory is located. That this Act shall con- 
*^''* tinue in force for twenty years, and no part of the capital stock, or 

any of the funds of the said corporation, shall, at any time during 
the continuance of this charter, be used or employed, directly or 
indirectly, in banking operations, or for any purpose whatever in- 
consistent with this Act. 
Debts limited X. That the total amount of the debts which the said corporation 
o capi a . ehall at any time owe shall not exceed the amount of its capital 
stock actually paid in ; and, in case of excess, the Directors, under 
whose administration it shall happen, shall be, jointly and severally, 
liable for the same, in their natural capacities. Such of the said 
Directors as may have been absent when the said excess was con- 
tracted or created, may respectively exonerate themselves from being 
Liability of go liable, by forthwith giving notice of the fact to the stockholders, 

Directors, . ^ , ^ 

at a general meeting, which they shall have power to call for that 
purpose. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in the 
seventy-fifth year of the sovereignty and independence of the 
United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4016. AN ACT to Charter the Wateree Manufacturing Company. 

Section.°™*'"^ I- ^^ ^^ enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That John M. DeSaussure, Thomas Lang, and B. Perkins, 
and their associates and successors, are hereby made and created a 
body politic and corporate in law by the name of " The Wateree 
Manufacturing Company," for the purpose of manufacturing, dying, 
printing, and finishing all goods of which cotton, wool, or other 
fibrous articles may form a part, as well as all machinery used for 
such purposes, and for the transaction of such business as may be 
necessarily connected therewith ; and may erect such mills and 
other works as may be required to carry on such branches of manu- 
facture, and they shall have power to raise by subscription, in 
shares of one hundred dollars each, a capital of two hundred thou- 
sand dollars. 



OF SOUTH CAROLINA. 47 

II. That the siiid corporation may purchase and hold such real A. D. iSoO. 
estate as may be required for the purpose of said corporation, or so ^~^~v-^-^ 
much as they may be obliged or deem it for their interest to take es^"te''l-c. ^'^'^^ 
into the settlement of any debts due the said corporation, and may 

dispose of the same; and may sue and be sued in all Courts of Law 
and Equity, may have and use a common seal, and make such by- 
laws for their I'egulation and government as they may see proper: 
Provided, They are not inconsistent with the Constitution and laws Proviso, 
of the United States, and of this State. 

III. That the said corporation shall not go into operation until . When to go 
one hundred thousand dollars of the capital stock shall be paid in '" '^' °^^^^ ^°'^' 
gold or silver, or the current bank notes of this State, and oath or 
affirmation thereof shall be made by the President, Treasurer, and 

a majority of the Board of Directors, which shall be recorded in 
the Secretary of State's office, and published in at least two respect- 
able newspapers in the State, one as near the establishment as cir- 
cumstances will admit, the other in the city of Charleston; and 
this shall be repeated after the payment of each instalment until 
the whole capital is paid in. 

IV. The members of the said corporation shall be liable jointly Liability of 
and severally for all debts and contracts made by such corporation, mfi'^bers. 
until the whole amount of capital stock authorized to 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 in such corporation or otherwise, shall be considered as pay- 
ment of any part of the capital stock until such notes or obligations 
shall have been actually paid. 

V. That the capital stock shall be deemed personal property, and stock person- 
be transferable upon the books of the said corporation, and no part " i"""!'^*" >• 
of the said capital stock shall at any time or upon any pretence 
whatever, be loaned to, or divided amongst the stockholders, neither 

shall the capital be withdrawn or divided among the stockholders 
until all the liabilities of the company are lawfully paid, and no 
dividends shall be declared except from the earnings nf the com- 
pany. Each stockholder shall have one vote for each share he may Votcs. 
own or represent, at the election of Directors, and all meetings of 
the company. 

XL That if the proprietor of any share shall neglect to pay any instalments 
instalment assessed hereon, for the space of thirty days after the "°^.,'\"i'', , up- 
time appointed f)r the payment thereof, the Treasurer of the com- "' " 
pany. by the order of the Directors, may sell by public auction a 
sufficient number of such delinquent shares to pay all instalments 
then due from him, with all necessary incidental charges. The 
Treasurer shall give notice of the time and place of sale, and of the 
sum due on each share, by advertising the same three weeks suc- 
cessively before the sale, in some newspaper which may be printed 
near the vicinity of the establishment, and a bill of sale of the share 
so sold, made by the Treasurer, shall transfer said stock to the pur- 
chaser, who shall be entitled to a certificate thereof. 

YII. That William E. Johnson, John C. West and Alexander To open books. 
Johnson may open books and take subscriptions for the capital stock 
in such manner as they may deem expedient ; and whenever such 
subscriptions shall amount to one hundred thousand dollars, the 



48 STATUTES AT LARGE 

A. D. 18.')0. stockholders having had two weeks' notice in writing, or in a public 
^""^■^■^^ newspaper in the vicinity of the establishment, may meet and pro- 
Election of ceed to elect such Directors and officers as they may deem necessary 

officers. fQY conducting the affairs of the company, they to hold their office 

until their successors shall be elected, and such Directors, or their 
successors, shall have power to dispose of any remainder of stock 
which may not have been subscribed for, in such manner and at 
such times as they may deem fit. 

nu^al "ports."' ^^^^- '^hat the Directors shall submit to the stockholders, 
annually, a written statement, under oath or affirmation of the 
Treasurer of the corporation, setting forth the amouut of capital 
stock paid in, and general assets of the company, and also of the 
amouut of all then existing debts ; which statement shall be 
published in a newspaper located nearest to said manufactory. 
Service of IX. That the service of the process of any Court of this State 

process. shall be legal and valid on said body politic and corporate, if the 

same shall be left at the manufactory : Provided, The President of 
the company is absent from and beyond the limits of the District 
Term of char- -^vhere the said manufactory is located; that this Act shall con- 
tinue in force for fourteen years, and no part of the capital stock, 
or any of the funds of the said corporation shall at any time during 
the continuance of this charter, be used or employed directly or 
indirectly in banking operations, or for any other purpose whatever 
inconsistent with this Act. 
Debt and lia- X. The total amount of the debts which the said corporation shall 

rectors. °' '" ^^ ^^J ^^'^^ owe shall not exceed the amount of the capital stock 
actually paid in, and in case of excess, the Directors under whose 
administration it shall happen shall be jointly and severally liable 
fur the same, in their natural capacities, and such of the said 
Directors as may have been absent when said excess was contracted 
or created, may respectively exonerate themselves from being so 
liable, by forthwith giving notice of the fact to the stockholders, at 
a general meeting, which they shall have power to call for that 
purpose. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in 
the seventy-fifth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4017. AN ACT to Amend the Charter of the Graniteville 

Manufacturing Company. 

tended^'^*^'^^^' ^' ^^ ^^ enacted by the Senate and House of Representatives, 
now met and sitting in General Assembly, and by the authority of 
the same. That the charter of the Graniteville Manufacturing Com- 
pany shall be extended and continued in force for the period of 
thirty years from the passage of this Act. 



OF SOUTH CAROLINA. 40 

II. That the said company shall have power, from time to time, ^^- ^- ^■'^'''^• 
to increase their capital stock to any amount not exceeding one ^'"""v^"^ 
million of dollars, including their present capital, whenever a gtock"*^'^^'^^'^ " 
majority of the stockholders present at a general meeting of the 
Board of Directors, by their authority, shall determine: Provided, Proviso. 
That the said stock shall not be increased at any one time in sums 
of less than fifty thousand dollars ; and such additional stock shall 
be divided rateably among the stockholders, in proportion to their 
shares in the capital stock of the company at the time of such in- 
crease ; but in case any stockholder or stockliolders should not 
desire to take his or tlieir share of such increased stock, the same 
shall be alloted 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 company may deem expedi- 
ent; and in no case shall the members who are unwilling to take 
their share in such increase of stock be assessed to contribute to or 
make up such increase. Such additional stock shall be paid up in 
the same manner, and be subject to all the same provisions, restric- 
tions and conditions as are directed by the charter in relation to 
the original stock ; and any such additional subscribers shall thereby 
become members of the said company, subject in like manner, in 
proportion to their interest, to all the burthens, liabilities, responsi- 
bilities and conditions imposed upon the members of the said com- 
pany by the original charter. 

ill. That the new or additional subscribers, as well as the original x«»w sub- 
or present stockholders, shall be liable, jointly and severally, for all ^i"hThe oA^i- 
debts and contracts made by such corporation, until the amount of nai uutii in- 
capital stock which said company may increase, shall have been be^plij.'^"^''^'^ 
actually paid in, as provided by the 4th Section of the Act to incor- 
porate said company, passed the 15th day of December, Anno 
Domini 1845. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in 
the seventy-fifth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Sjjeaker House of Representatives. 



amcuded. 



AN ACT TO Amend the Charter of the Charleston Gas No. 4018. 
Light Company. 

Be it enacted by the Senate and House of Representatives, now The charter 
met and sitting in (jeneral Assembly, and by the authority of the 
same, That the Charleston Gas Light Company shall have power, 
from time to time, to increase their capital stock to any amount not 
exceeding three hundred thousand dollars, including their i)reseut 
capital, whenever a majority of the stockholders present at a general 
meeting, or the Board of Directors, by their authority, shall deter- 
mine : Provided, That the said stock shall not be increased at any 

VOL. XII — 4 



50 



A. D. 1R50. 



STATUTES AT LARGE 

one time, in sums of less than ten thousand dollars, and such addi- 
tional stock shall be divided rateably 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 stockholder or stock- 
holders should not desire to take his or their share of such increased 
stock, the same shall be allotted among the remaining stockholders, 
or books may be opened for the purpose of obtaining additional sub- 
scribers to such increased stock, in such manner as the company 
may deem expedient ; and in no case shall the members who are 
unwilling to take their share in such increase of stock be assessed 
to contribute to or make up such increase of stock. Such addi- 
tional stock shall be paid up in the same manner, and be subject to 
all the same provisions, restrictions and conditons as are directed by 
the charter, in relation to the original stock; and any such addi- 
tional subscribers shall thereby become members of the said com- 
pany, subject, in like manner, in proportion to their interest, to all 
the burthens, liabilities, responsibilities and conditions imposed upon 
the members of the said company by the original charter. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in 
the seventy-fifth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4019. AN ACT to Provide for the Appointment of Deputies 
TO A Southern Congress, and to call a Convention 
OF the People of this State. 



Preamble. 



Southern Con- 
gress. 



Whereas, the Convention of the slaveholding States lately assem- 
bled at Nashville have recommended to the said States to meet in 
Congress or Convention, to be held at such time and place as the 
States desiring to be represented may designate, to be composed of 
double the number of their Senators and Representatives in the 
Congress of the United States, entrusted with full power and au- 
thority to deliberate, with the view and intention of arresting further 
aggressions, aiid, if possible, of restoring the constitutional rights of 
the South, and, if not, to recommend due provision for their future 
safety and independence : 

I. Be it enacted by the Senate and House of Representatives, 
now met and sitting in General Assembly, and by the authority of 
the same. That eighteen deputies shall be appointed in the manner 
hereinafter provided, who are hereby authorized, as deputies from 
the State, to meet such deputies as may be appointed and author- 
ized by any other slaveholding State in Congress or Convention, as 
above recommended, and to join with them in discussing and devis- 
ing such measures as, in their opinion, may be adequate to obtain 
the objects pro^oosed by the said Convention at Nashville, and in 
reporting such measures to the said several slaveholding States as, 



* OF SOUTH CAROLINA. r,l 

when agreed to and fully confirmed by them, or any of them, will -\- T*- i'^""- 
effeetually provide for the same, v-— y-^*,-' 

II. Four of the said deputies shall be elected by joint ballot of DeputTs!"*"" "^ 
the General Assembly at its present session, and the qualified voters 

in each Congressional District in this State shall elect two, at such 
time as is hereinafter prescribed. 

III. The Governor of this State shall issue writs of election to Timeof eiec- 
the Managers of Election, recpiiring thera to hold elections in their tion.s. 
respective Congressional Districts, on the second Monday in October 

next, and the day following, for two deputies to the said Congress, 
in each Congressional District, and the said Managers shall there- 
upon advertise and hold such elections, and make due return thereof 
to the Governor. 

IV. That the Governoi; shall duly commission all the said depu- Governor to 
ties, so to be elected by the General Assembly and by the people, DeiniUes! ^ ^ ° " 
and shall, in concert with the Governor or other proper authorities 

of other States joining in such Congress, appoint the time and place 
of meeting, and give due notice thereof; and any of the deputies on 
the part of this State who may attend at such time and place, shall 
have full power to represent the State, as hereinbefore provided.. 

V. That a Convention of the people of the State of South Caro- Convention 
lina is hereby ordained to be assembled in the Town of Columbia as "^ ^ ^'^^'^ ^' 
hereinafter provided, for the ])urpose, in the first place, of taking 

into consideration the proceedings and recommendations of a Con- 
gress of the slaveholding States, if the same shall meet and be held ; 
and for the further purpose of taking into consideration the general 
welfare of this State, in view of her relations to the laws and Gov- 
ernment of the United States, and thereupon to take care that the 
Commonwealth of South Carolina shall suffer no detriment. 

VI. That on the second Monday in February next, and on the .Time of elec- 
day following, the Managers of Elections for the several Districts 

in this State shall, after giving public notice, as in cases of elections 
for members of the Legislature, open the polls and hold elections 
in their respective Districts for delegates to the said Convention, in 
all respects in the satue manner and form, and at the same places, 
as elections are now conducted for members of the Legislature. 
And all persons who are qualified and entitled, by the Constitution Qn/i'ific^tions: 
and laws of this State, to vote for members of the Legislature, shall 
be qualified and entitled to vote for said delegates to said Conven- 
tion ; and, in case of any vacancy occurring by death, resignation, 
or removal from the State, or refusal to serve, of any person elected 
a delegate to the said Convention, the presiding officer of the said 
Convention shall issue his writ authorizing and requiring the Man- 
agers of Elections, in the election Districts in which such vacancy 
may have occurred, after giving due notice thereof, to open a poll 
and hold an election to fill such vacancy, as in cases for the election 
of members of the Legislature. 

VII. That each election District throughout the State shall be t. , ^'"'" ''*''■ •'^ 
entitled to elect and send to the said Convention a number of dele- ^^'^ *^''' 
gates equal to the wdiole number of Senators and Representatives 

which such District is now entitled to send to the Legislature ; and 
the Delegates to the said Convention shall be entitled to the same 
freedom of arrest in going to, returning from, and whilst in attend- 



52 STATUTES AT LARGE 

A. D. is'io. fince on said Convention, as is extended to the members of theLeg- 
^— ^v ' ishiture. 

jn?n,iiiiy of vni. That all free white male citizens of this State, of the age 
of twenty-one years and upwards, shall be eligible to a seat in said 
Convention. 
Governor to IX. That the Governor be, and is hereby, requested, forthwith 
auth™tk"copy^ after the passage of this Act, to communicate an authentic copy of 
the same to the Executives of each of the slave-holding States of the 
Union, and to urge upon the said authorities, in such manner as he 
may deem best, the desire of the State of South Carolina, that the 
said slaveholding States do send duly commissioned deputies to meet 
the deputies herein provided to be elected, at the city of Montgom- 
ery, in the State of Alabama, on the second day of January, Anno 
Domini, one thousand eight hundred and fifty-two. 
Governor to ^- That it shall be the duty of His Excellency the Governor of 
convoke Con- the State, by his proclamation, to call together said Convention, and 
\ention. appoint the time for the meeting thereof, whenever at any period 

before the next session of this General Assembly, the conjuncture of 
a Southern Congress, contemplated in the purpose of this Act, shall 
Proviso. have happened : Provided, That in case the Governor shall not assem- 
ble the Convention anterior to the next session of this Legislature, 
this General Assembly shall, by a majority of votes, fix the time for 
the meeting of said Convention. 
Power to ad- XL That the said Convention may be continued by adjournment 
journ. from time to time, so long as may be necessary for the purposes 

Provision to aforesaid: Provided, hoivever, That unless sooner dissolved by their 
own authority, the said Convention shall cease and determine in 
twelve months from the day on which the said Convention shall first 
assemble. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in 
the seventy-fifth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



Xo. 4020. AN ACT to Provide for the Defence of the State. 

I. Be it enacted by the Senate and House of Representatives, 

now met and sitting in General Assembly, and by the authority of 

naiice^^ ^estab- the same. That a Board of Ordnance be and is hereby established, 

lished. to consist of the Adjutant and Inspector-General, and five other 

persons to be appointed by the Governor, and that the Governor be 

Duty of Board, ex-officio President of said Board. And it shall be the duty of the 

said Board to examine the condition of all ordnance, ammunition, 

small arms, ordnance stores, gun carriages, and other equipments, 

shot, shells, &c., belonging to the State; and for this purpose they 

shall have power to call upon all officers of the State, who have such 

matters in charge, for reports on the condition, location, &c., of such 



I 



OF SOUTH CAROLINA. o3 

articles, and the said Board shall have access to the arsenals, inaga- ^^- ^^- ^'*'"- 
zines, and other depots of the State, at such times as they shall deem ^""""v^^ 
prof)er. 

II. That the said Board shall take the ])roner means for the pres- PrcHcrvation 
ervation ot the articles beiore named, ana tor the storage and other ot ordnance, 
disposal of them. AH purcluises of ordnance, &c., and oilier muni- 
tions of war for the use of the State, shall be made under the direc- 
tion of the said Board. 

III. That the said Board shall be authorized to engage a fit and Ordnfincu of- 
competent ordnance officer, who shall open an t)rdiuuice bureau, or MaTor.\'o"Lc 
inspect all arms and ordnance purchased by the direction of the appointed. 
Board, organize an ordnance department, and perform all such other 

duties as may be designated by the said Board, and the said officer 
shall have the rank of Major of Artillery, with a salary of two 
thousand dollars per annum. 

IV. That the said Board shall make to the Legislature, at each ses- ^^^^^'^ t" rc- 
sion, a report of their proceedings, in either a public or private com- 
munication, as may seem to them most expedient for the public 

services. 

V. That the said Board be and are hereby authorized to employ Appointment 
a scientific and competent military engineer, who shall, as soon as ° engmeei. 
possible, make an examination of the coast of this State, with a view 

to the defence of the same, and make a report or reports to the said 
Board, as to the points which may need defence, with plans for the 
same. 

VI. That the Act of the General Assembly, entitled "An Act to Act repeaicti. 
abolish Brigade Encampments," passed on the eighteenth day of 
December, in the year of our Lord one thousand eight hundred 

and forty-six, repealing "all sections and clauses relating to brig- 
ade encampments," be, and the same is hereby, repealed ; and that 
each and every clause of an Act, entitled "An Act reducing all 
Acts and clauses of Acts in relation to the militia of this State to 
one Act, and to alter and amend the same," relating to the subject 
of brigade encampments, passed on the seventeenth day of Decem- 
ber, in the year of our Lord one thousand eight hundred and forty- 
one, be and the same is hereby revived: Provided, That the brigade Proviso, 
encampments therein provided for shall be held once in each year, 
instead of once in two years. 

VII. That in addition to the officers required to attend said bri- Brigade en- 
gade encampments, the sergeants of each company and the non- camp"ients. 
commissioned regimental staff officers, are hereby required to attend 

the said encampments, for the purpose of receiving military instruc- 
tion. And the said sergeants and non-commissioned regimental 
staff officers, who &hall attend an encampment of their respective 
brigades, shall be exempted from road duty during the year in 
which they shall attend such encampment, and for non-attendance Fine for non- 
at the same, shall be liable to be fined each in the sum of fifteen 
dollars. And it shall be the duty of the quarter- master general to Duty of tbe 
supply such non-commissioned officers with the arms and e((uip- [^"'"^^^'nera^^^^' 
ments required by law to be furnished to commissioned officers 
during their attendance at brigade encampments. And it shall be 
the further duty of the quarter-master general to furnish and pro- 
vide at each brigade encampment, two light pieces of field artilloy, 



54 STATUTES AT LARGE 

A. D. iS-50. ^vith twenty-four rounds of blank cartridge, and other requisites for 
* V ' the exercise of troops in artillery tactics and service. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in 
the seventy-fifth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 402L AN ACT to define the manner in which the City Council 
OF Charleston shall proceed in charging, levying and 

COLLECTING ASSESSMENTS UPON THE OWNERS OF LOTS FRONT- 
ING ON Streets, Lanes, or Alleys, opened or extended 

ACCORDING TO LAW. 

I. Be it enacted by the Senate and House of Representatives, now 

met and sitting in General Assembly, and by the authority of the 

Defining See- Same, That whenever any street, lane, alley, or court in the city 

tion. of Charleston, shall have been opened, laid out, extended, or es- 

tablished, according to the Acts of the General Assembly, in such 
case made and provided, it shall be lawful for the City Council of 
Charleston, and they are hereby authorized and empowered, to 
nominate and appoint, on their part and behalf, six Commissioners, 
who shall be freeholders resident in said city, to meet an equal 
number to be named and appointed by and on behalf of the proprie- 
tors of lots fronting on such street, lane, alley, or court; and the 
said Commissioners, or a majority of them, after taking the oath here- 
inafter prescribed, shall proceed to ascertain the whole cost and 
expenses of the said improvement, and to assess the same upon the 
proprietors of lots and houses upon both sides of such street, lane, 
court, or alley, in due ratio, taking into consideration the damages 
Avhich may be sustained, and the advantages to be derived there- 
from by the said proprietors respectively ; which said assessment 
shall be made out in writing, and duly returned by the said Com- 
missioners, or a majority of them, to thg said City Council; and one 
moiety or half part of the said assessment, shall be borne and paid 
by the said City Council in consideration of the general benefit 
resulting from said improvement, and the other moiety or half part 
shall be borne and paid by the proprietors aforesaid in consequence 
of the particular and local advantages resulting therefrom. 
Assessments U- That all assessments hereafter made in pursuance of this Act 

conclusive. shall be, and the same are hereby declared to be, final and conclu- 
sive, between all and every the person and persons interested therein, 
save and except in the case of appeal taken in the manner herein- 
after provided ; and any person or persons who may be hereafter 
liable to pay any part or portion of the aforesaid assessment or 
City Council ^-ssessmeuts, shall, after having ten days' notice in writing of the 

may sell in de- amount of his or their portion of the same, refuse or neglect to pay 

ment. *^ ^"^" and satisfy the same to the said City Council, it shall and may be 



I 



OF SOUTH CAROLINA. 55 

lawful for the said City Council to advertise aud sell, according to ^- ^- '^^■^^^ 

the laws regulating Sherift' sales, all and every such house and ^"^ y—^ 

houses, lot aud lots, on account of which any proportion of the said 

assessment niay he due and owing, returning the overplus (if any 

should remaiu after payment of the fees accruing on such sales,) to 

the person or persons entitled to receive the same. And the said „ • ^ 

^ . ^ , , ., ,. . . Proprietors 

proprietors are hereby recpjired to pay their respective proportions required to pay 
of the said assessments, and their houses and lots are hereby declared assessments, 
to be severally bound for and chargeable with the same. 

HI. That in case any proprietor shall be dissatisfied with the 
share or proportion assessed upon him, it shall aud may be lawful 
for such proprietor to appeal from the same, (upon giving notice of Appeal. 
such appeal to the said City Council within ten days from the time 
of his receiving a notification of such assessment,) to the Court of 
Common Pleas and General Sessions for the District of Charleston, 
at its next session thereafter. Aud the said Court, upon satisfactory 
proof that the appellant has been injured by such assessment, shall 
order a new assessment in such particular case to be made by a jury, 
who shall be charged therewith in the same term, and their verdict ,. Jury's ver- 
shall be final aud conclusive, unless a new trial be granted ; and sive. 
after final judgment in such case, the assessment so made shall aud 
may be collected in the manner hereinafter prescribed. 

IV. That the City Council shall call a meeting of the said pro- Proprietors 
prietors at some proper time and place, and the proprietors attend- misslo*iiers'!^°^' 
iug such meeting, or their proxies, or a majority of them, shall 

appoint the Commissioners in their behalf, meutioued in the first 
Section ; and in case the proprietors at said meeting, or at any ad- 
journmeut thereof, within ten days, shall neglect or refuse to appoint 
Commissioners, then the Commissioners appointed by the said City to appoint in 
Council, on their behalf, or a majority of them, shall be, and they tase of neglect. 
are hereby, authorized to proceed to the discharge of the duties 
herein prescribed ; aud their judgment in the matter shall be final 
and conclusive, except in the case of appeal, as above provided. 

V. That the aforesaid Commissioners, before they proceed to act Commission- 
in the premises, shall severally make oath, before some Magistrate oath.**^ "^^^^ 
for the Parishes of St. Philip aud St. Michael's, that they will fairly, 
faithfully and impartially discharge the duties required of them 

under this Act. 

VI. That all Acts and parts of Acts hereto repugnant, be, and gcctjon^"'^^^"^ 
the same are hereby, rf pealed. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in the 
seventy-fifth year of the sovereignty and independence of the 
United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



56 STATUTES AT LARGE 

A. T>. is.^.0. A,N ACT TO Establish Certain Roads, Bridges and Ferries. 

No. 4022. I. JBe it enacted by the Senate and House of Representatives, now 

met and sitting in General Assembly, and by the authority of the 

AshepooFcr- same, That the ferry across the Ashepoo River, known as Ashepoo 

ry re-chiirter- p^.^^^^ j^g^ ^j^d ^\^q same is hereby, re-chartered, and vested in Mrs. 
Ann Cunningham, her heirs and assigns, for the term of fourteen 
years, with the same rates of toll as now allowed by law. 

Siann's Bridge jj That the bridge in St. George's Dorchester, known as Slann's 

rG~ciiiir tercel. • 

Bridge, be, and the same is hereby, re-chartered for the term of four- 
teen years, and vested in William Stall, in trust for his son, William 
Chandless Stall, his heirs and assigns, with the same rates of toll as 
those now allowed by law. 
Stony Bluff jjj That the ferry across the Savannah River, known as the 
teretf. Stony Blufi J^ erry, be, and the same is hereby, re-chartered, and 

vested in Charles Brown, his heirs and assigns, for the term of four- 
teen years, with the same rates of toll as those now allowed by law. 
Smith ttGra- jy That the bridge across the Saluda River, known as Smith and 
re-chartered. Graham's Bridge, be, and the same is hereby, re-chartered, and 
vested in John Smith and Madison Graham, their heirs and assigns, 
for the term of seven years, with the same rates of toll as those now 
allowed by law. 
New road V. That A. L. Jones, Samuel E. Plowden, R, J. Witherspoon 
C. ir. 'estab- sud Carter Capell, be appointed Commissioners to lay out and open 
hshed. ^ public road, commencing at the terminus of a new road from Sum- 

ter Court House, to be completed about one mile on the western side 
of Plowden's Mills, to a point intersecting the road known as the 
New Road, about half a mile from the residence of Thomas E. 
Dickey, 
a ^road^^ro'in ^^' That SO much of an Act passed in the year of our Lord one 
Anderson to thousand eight hundred and forty-nine, entitled "An Act to estab- 
repcafed"^' **' lish certain roads, bridges and ferries," as directs that "the road 
from Anderson Court House to Andersonville be changed at vari- 
ous places where it may be deemed necessary," be, and the same is 
hereby, repealed. 
New road in VII. That Daniel Mangum, John Stirling, John Satterwhite and 
trict establish- George S. Cannon, be appointed Commissioners to lay out a new 
^^- road in Newberry District, commencing at D. Seun's on the Belfast 

road, thence on the line between the land of the said D. Senn and 
Dr. Thomas W. Boozer, thence through David Boozer's land to the 
corner of Mrs. Cole's and R. Cleland's land, thence on the line be- 
tween their lands to the corner of R. Cleland's field, thence across 
said field to the corner between R. Cleland and Col. Gilder, thence 
on the line between their lands to the Rock Ford near J. Stirling's, 
thence along the Settlement Road until it passes AVilford Peterson's 
house, thence across John Senn's plantation, so as to cross the branch 
on the line between John Senn and Joseph Davenport, thence on 
the line between said Davenport and Senn, and on the line between 
the said Davenport and Rev. D. Mangum, until it strikes the Settle- 
ment Road, and thence along or near said road to the New Cut 
Road, near Bush River Meeting House, and that the same be a 
public road, 
ry e"tfbiished. VIII. That the ferry across Big Saluda, known as Holley's Ferry, 



f 



OF SOUTH CAROLINA. 57 

bo, and the same is hereby, re-charted, and vested in John Holley, ^- ^- '^^^■ 
(Senior,) his heirs and assigns, for the term of fourteen years, with ' v ' 
the same rates of toll as those now allowed by law. 

IX. That a toll bridge be, and the same is hereby, established Toil bri.iKc 
over Seneca River, in Anderson District, at or near .Snallow rord, River, Ander- 
for the term of fourteen years, and vested in Daniel Brown, David e"{!ibiiihed?*^'' 
Simmons, Samuel Brown and Jacob Burriss, their heirs and assigns ; 

and the following rates of toll be allowed, viz: For all wagon's Toils to be 

drawn by six horses, sixty cents ; all wagons drawn by four horses, *" '^^' 

fifty cents ; all two horse wagons and carriages, thirty-five cents ; all 

wagons, carriages and other vehicles drawn by one horse, twenty-five 

cents; for man and horse, ten cents; led or drove horses or mules, 

three cents each ; foot passengers not attached to carriages, five 

cents each ; cows or horned cattle, hogs, sheep and goats, each two 

cents. 

X. That a certain road recently opened by William H. Sinkler, j^jj^.g'^B^rjfe: 
in St. John's Berkeley, leading from the public road known as the icy cstablish- 
Nelson's Ferry Road, to a point on the public road known as the ^*^'- 
Monk's Corner Road, above the present point of junction of the 

l^ublic roads aforesaid, be, and the same is hereby, established as a 
portion of the public road known as the Nelson's Ferry Road, and 
that so much of said pul)lic road as lies between the point of the 
Nelson's Ferry Road, where the said road hereby established di- 
verges from said road, to the point of junction aforesaid, be, and the 
same is hereby, discontinued, 

XI. That the ferry over Saluda River between Edgefield and Huggins'Fer- 
Newberry Districts, known as Higgins' Ferry, be, and the same is cd. ^^'^ ^^ ' 
hereby, re-chartered, and vested in Mary M. Higgins and the heirs 

of Joel Abney, deceased, their heirs and assigns, for the terra of 
seven years, with the same rates of toll as heretofore allowed by 
law. 

XII. That David Payne and David C. Boazman, be, and they ^ Ferry over 
are hereby, authorized to establish a ferry over Saluda River, be- estubHshed. 
tween Edgefield and Newberry Districts, three or four miles below 
Chappell's Bridge, and about six miles above Higgins' Ferry ; and 

that the same be hereby chartered and vested in the said David 
Payne and David C. Boazman, their heirs and assigns, for the term 
of seven years, with the same rates of toll as allowed by law at 
Higgins' Ferry. 

XIII. That the sixteenth Section of an Act entitled " An Act to ushing'^V^road 
establish certain roads, bridges and ferries," passed on the nineteenth iV'.i" Lane's 
day of December, eighteen hundred and forty-nine, establishing a j:c., repealed." 
public road from Vance's Ferry Post Office, across the Four Holes 

Swamp, to the point where the AVaterborough Road intersects the 
Orangeburg Road, be, and the same is herebv, repealed. 

XIV. That an additional Commissioner of Roads be added to the fo^Semont.'" 
Board for Claremont County. 

XV. That whatever money may be necessary for the building Collection of 
and repairing of the bridges on the road on Edisto Island, known ,"rir o"f bridges 
as the Bay Road, shall be collected as follows, that is to say : The J'.J^^/'^'^^'' ^^" 
Board of Commissioners of Roads for St. John's Colleton shall, at 

their January meeting in every third year, appoint a committee of 
three from its members, whose duty it shall be to appraise the 



58 STATUTES AT LARGE 

A. D. l8r.o. houses of each proprietor at Edingsville, once in three years, or 

* V ■ of'tener if necessary, and report to said Board the value of the same. 

Taxes. That the Board shall lay such tax as may be necessary for the pui-- 

poses before specified, in proportion to the value of such houses, and 

that the owner, or owners of the same, shall be liable for the 

amount so levied by said Board. 
Rppcaiing XVI. That all laws contrary to this Act be, and the same are 

hereby, repealed. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in 
the seventy-fifth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



Section 



No. 4023. AN ACT to Alter and Amend the Laavs Relating to the 
City op Charleston in reference to the Time of 
Holding the City Elections, and in other particu- 
lars. 

I. Be it enacted by the Senate and House of Representatives, now 

met and sitting in General Assembly, and by the authority of the 

City election, same. That the election for Mayor and Aldermen of the city of 

ing changed. " Charleston shall be held on the first Wednesday in September next, 
and on the first Wednesday in September in every year thereafter, 
instead of the first Monday in September, as now provided by law; 
and the tenure of office of the Mayor and Aldermen of the city for 
the present term shall be, and the same is hereby, prolonged so as 
to conform to this provision. 

dSS"^^^'"'^ II- 1''^^'' hereafter the boundary line between Wards No. o and 
No. 4, on the south, and Wards No. 5 and No. 6 on the north, in 
the said city of Charlestop, shall be through the centre of the street 
lately known as Boundary street, and now known as Calhouu street. 

man°X^'coT m* "^^^^ hereafter the Mayor, and not less than twelve Alder- 

sistof. men, shall be a quorum of the City Council for the imposition of 

taxes and the appropriation of money ; and that for the discharge 
of all other duties imposed, and all other powers and authorities 
vested in the said city, by law, the Mayor and not less than ten Al- 
dermen shall be a quorum. 

H^fsf'^yeXd I^' ^^^'^^ ^'^^ ^"^ whereon stands the Upper Guard House, and 

in City Council, the lot adjoining, with the buildings thereon, be, and the same shall 
be, vested in the City Council of Charleston, upon the payment of 
the sum of five hundred dollars to the Commissioners of Cross Roads 
for Charleston Neck, for the use of the inhabitants of that part of 
the Parish of St. Philip above the present city line. 
Qualification V. That after the expiration of the term of office of the present 

ers."'""^'^^^"'^" Board of Commissioners of Cross Road^ of Charleston Neck, the 
qualification for a Commissioner shall be the possession of landed 



OF SOUTH CAROLTNiV. 59 

property worth at least five hundred dollars, or a residence on A- ^^- '*''''• 

Charleston Neck six months prior to the election. v— — y-^^-' 

VI. That all Acts and parts of Acts hereto repugnant be, and Acts repealed. 
the same are hereby, repealed. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in 
the seventy-fifth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Authorize the State to Aid in the Cox- No. 4024. 

STRUCTION of THE SPARTANBURG AND UnION RaILROAD. 

I. Be it enacted by the Senate and House of Representatives, now state stock. 
met and sitting in General Assembly, and by the authority of the 

same. That whenever satisfactory proof is produced to the Comp- 
troller General that three hundred and seventy-five thousand dollars 
are duly subscribed bv responsible persons to the capital stock of 
the Spartanburg and Union Railroad Company, and that the said 
company has been duly organized, he is hereby authorized to sub- 
scribe, on the part of the State, one hundred and twenty-five thou- 
sand dollars to the said capital of said company, to be paid in the 
stock held by the State in the South Carolina Railroad Company, 
equal at its par value to the said sum ; and that he take, in the 
name of the State, a certificate from the said company for that 
amount of stock, which said stock, in the South Carolina Railroad 
Company, shall be accepted by the said Spartanburg and Union 
Railroad Company for the said amount, without any recourse what- 
ever against the State. 

II. The subscription shall be paid in the manner, and subject to 
the terms and conditions hereinafter expressed. 

III. Whenever satisfactory proof shall be produced to the Corap- gj^^J'"""^^'^'^ °^ 
troller General that the sum of fifty thousand dollars shall have been 

paid by the stockholders, and expended in the construction of said 
road, the Comptroller General shall transfer and deliver to said 
company so much of the stock of the State in the South Carolina 
Railroad Company as shall amount, at its par value, to fifty thousand 
dollars; and when similar proofs shall be produced to the Comp- 
troller General that fifry thousand dollars more shall have been paid 
in and expended as aforesaid, the Comptroller General shall trans- 
fer and deliver fifty thousand dollars more of said stock to said 
company, and in the same manner the remaining subscription of 
twenty-five thousand dollars shall be paid to the said company when 
the road shall be finished and in operation. 

IV. The State shall in no way whatever be liable for the debts State not lia- 
and contracts of the said railroad company. 

V. The State shall have the same rights in the company, and in Rights of the 
its management, as is reserved to private stockholders, and the State. 



60 STATUTES AT LARGE 

A. D. 1850. General Assembly shall, at any time, have a right to examine into 
-^^-^z-^*^ the condition of the said company, and the company shall annually 
submit to the Legislature a report exhibiting its condition and pros- 
pects. 
Lien upon VI. In case any of the payments made by the State shall be in 
i.roperty. advance of the calls upon the private stockholders, the State shall 

have a lieu upon the whole property of the company to secure the 
same unto the State. 
Junction of VII. An iri'evocable condition is hereby imposed upon said com- 
rotids. pany, that said company shall locate the Spartanburg and Union 

Railroad so as to form a junction at some convenient and practica- 
ble point with the Greenville and Columbia Railroad, or at some 
convenient and practicable point with the Charlotte and South 
Carolina Railroad. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in 
the seventy-fifth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4025. AN ACT to Amend an Act passed on the eighteenth day 
OF December, one thousand eight hundred and forty, 
entitled " An Act to Ascertain and Define the Pow- 
ers, Duties and Liabilities of Masters, Commission- 
ers and Registers in Equity, and to Provide for the 
Organization and Regulation of their Respective 
Offices." 

Act amended. I- -Se it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That the twenty-third Section of an Act, passed on the 
eighteenth day of December, one thousand eight hundred and forty, 
entitled "An Act to ascertain and define the powers, duties and lia- 
bilities of Masters, Commissioners and Registers in Equity, and to 
p . provide for the organization and regulation of their respective 
cause', how to offices," be SO amended as to require that every bill, after the de- 
be filed, &c. termination of the cause to which it belongs, together with the sub- 
poena or other process to answer, issued under the same, and the 
pleadings, exhibits and other papers filed therewith ; also, any money 
decree that may be enrolled in the cause ; also, all other papers in 
the same cause, to wit : Orders, decrees, reports, exceptions, returns 
to writs of partition, writs of ne exeat, attachment, injunction and 
execution, and all other writs and injunction partition ne exeat, and 
Receivers' bonds, shall be made up into one package, instead of 
separate packages as therein provided, and placed in one compart- 
ment, to be properly labelled ; and, in like manner, that every peti- 
tion, together with all the papers, of whatever kind, filed therewith, 
or appertaining thereto, shall be made up into one package instead 



OF SOUTH CAROLINA. 61 

of separate packages, and placed in one compartment, to be properly ^- ^- i^^o. 
labelled. 

II. All documents offered in evidence at the trial of a cause, and Evidence to 
submitted to the Chancellor, shall, when delivered by him to the and^'^given'^'to 
Kegister or Commissioner, be made up into a package, and marked Solicitor. 
evidence in the cause, and be placed with the bills or petitions to 

which they respectively belong, to be given up, when called for, to 
the Solicitors by whom they were introduced. 

III. The said Section of the said Act shall continue in force in ggf^fjj^"'^*"''^ 
every respect wherein the same is not repugnant hereto. 

In the Senate House,-the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in the 
seventy-fifth year of the sovereignty and independence of the 
United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO AMEND AN ACT ENTITLED " i\.N ACT TO InCORPO- No. 4026. 
RATE THE ToWN OP HAMBURG, AND FOR OTHER PURPOSES," 
PASSED ON THE NINETEENTH DAY OF DECEMBER, OnE THOU- 
SAND Eight Hundred and Thirty-Five, and also to amend 
AN Act entitled " An Act to amend an Act entitled ' An 
Act to Incorporate the Town of Hamburg, and for other 
purposes,'" passed on the Twentieth day of December, 
A. D. One Thousand Eight Hundred and Thirty-Seven. 

I. Be it enacted by the Senate and House of Representatives, . . 
now met and sitting in General Assembly, and by the authority an "^ Intendant 
of the same, That in case of the sickness or temporary absence p''" tempore. 
from the town of Hamburg of the lutendant of said town, the 
Wardens of said town, or four of them, may elect from amongst 
themselves an Intendant jt^ro tempore, to act as lutendant during 

such sickness or temporary absence ; and that the said Intendant 
pro tempore and any three of the said Wardens shall constitute a 
quorum for business. 

II. That the Intendant and Wardens of the said town of Ham- 

bursr be, and they are hereby, constituted Commissioners for the Intendant and 

o' J * .■!•»> jirciGns con* 

Poor in said town, and that all the authority that is by law given stituted" Com- 
to Commissioners of the Poor in this State shall inure to said In- p^^y.''"^''* °^ 
tendant and Wardens, to the full limits and extent of the said town, 
any law, usage or custom to the contrary notwithstanding. 

III. That the jurisdiction and authority of the Commissioners of .Jnrisdietion 
the Poor for Edgefield District shall, from and after the passage of eJf ofpoor for 
this Act, cease and determine within the limits of the said town ; E#eficid Dis- 
and that from and after that time the said town shall be bound to 

support the poor within its corporate limits. 



62 STATUTES AT LARGE 

A. r>. 1S.3O. IV. That from and after the passage of this Act all fines that 

""■^■v""^ may be imposed on free white persons by the said Intendaut and 

Collection of hardens for any violation of the town ordinances, when the same 

shall exceed the sum of twenty dollars, shall be collected by action 

of debt in the Court of Common Pleas for Edgefield District, any 

law or usage to the contrary notwithstanding. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in the 
seventy-fifth year of the sovereignty and independence of the 
United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



Ko. 4027. AN ACT to Afford Aid in Constructing the Colleton 

Railroad. 



State stock. 



stock. 



I. Be it enacted hy the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That the Comptroller General be, and he is hereby, authorized 
to subscribe the sum of twenty thousand dollars in the Colleton 
Railroad Company, to be paid in the stock of the State in the South 
Carolina Railroad Company, equal, at its par value, to the said 
sum ; and that he take, in the name of the State, a certificate from 
the said company for that amount of stock, which said stock shall 
be accepted by the said Colleton Railroad Company for the said 
amount, without any recourse whatever against the State. 

II. The subscription shall be paid in the manner and subject to 
the terms and conditions hereafter expressed. 

Transfer of IH. Whenever satisfactory proof shall be produced to the Comp- 
troller General that the sum of sixty thousand dollars shall have 
been subscribed by stockholders other than the State, and that the 
sum of ten thousand dollars shall have been paid in by the said 
stockholders, and expended in the construction of said road, the 
Comptroller General shall transfer and deliver five thousand dollars 
more of said stock to said company, and, in the same manner, the 
remaining subscription of five thousand dollars shall be paid to the 
said company when the road shall be finished. 
State not Ha- IV. The State shall, in no way whatever, be liable for the debts 

ble tor debts. , ^^^,1 ■ t •^ i 

and contracts 01 the said railroad company. 
Rights of the V. The State shall have the same rights in the company, and in 
its management, as is reserved to private stockholders; and the 
General Assembly shall, at any time, have a right to examine into 
the condition of the said company ; and the company shall annu- 
ally submit to the Legislature a report, exhibiting its condition and 
prospects. 
Lien upon VI. In case any of the payments made by the State shall be in 
advance of the calls upon the private stockholders, the State shall 



State. 



property. 



OF SOUTH CAROLINA. 63 

have a lion upon the whole property of the eorapany, to secure the ^- ^- ^*^^'- 
same unto the State. ~ "^ 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in 
the seventy -fifth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives, 



AN ACT TO Provide for Keeping Open the Offices of ]^q^ 4028. 
Clerks of the Common Pleas and General Sessions in 
CERTAIN Cases. 

Beit enacted by the Senate and House of Representatives, now Enacting Sec- 
met and sitting in General Assembly, and by the authority of the *'"'^' 
same, That in case of any vacancy in the office of Clerk of the 
Court of Common Pleas and General Sessions, in any District in 
this State, the Ordinary of the District in which such vacancy shall 
happen shall take charge of said office and all papers therein, and 
discharge the same duties, receive the same fees, and be subject to 
the same liabilities as by law provided for the Clerks of the said 
Court, until a Clerk shall be elected and commissioned for said 
District. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in the 
seventy-fifth year of the sovereignty and independence of the 
United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Require the Clerks of the Courts of Com- No. 4029. 
MON Pleas and General Sessions to Index the Jour- 
nals OF the Common Pleas and General Sessions. 

Be it enacted by the Senate and House of Representatives, now Enacting Sec- 
met and silting in General Assembly, and by the authority of the *'""" 
same. That the eighth Section of an Act entitled "An Act concern- 
ing the office and duties of Clerks, Registers of Mesne Conveyances 
and Commissioners of Locations," passed on the twenty-first day of 
December, in the year of our Lord one thousand eight hundred and 
thirty-nine, be, and the same is hereby, amended so as to require 
the Clerks of the Courts of Common Pleas and General Sessions, in 
addition to the indexes specified in said Act, to make and keep, 
hereafter, indexes to the respective journals of the Common Pleas 
and General Sessions, to be alphabetically arranged at the end of 



64 STATUTES AT LARGE 

A. T>. IR-'A each volume, which index shall always be brought up by the first 

""^ ' day of each succeeding terra. And that the said Clerks, for neglect 

or refusal to perform the duty herein required, shall be liable to be 
proceeded against in the same manner, and subject to the same pun- 
ishment as for the neglect or refusal to make and keep indexes to 
the books heretofore required by law. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in 
the seventy-fifth year of the sovereignty and independence of 
the United States of America. • 

ROBT. F. ^Y. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4030. AN ACT to Provide for the Payment of the Instal- 
ments Due on the Shares held by the State in the 
South Carolina Railroad Company. 

I. Be it enacted by the Senate and House of Representatives, now 
Sui'T^ °an'd met and sitting in General Assembly, and by the authority of the 
go^raptr oiler game. That it shall be the duty of' the President and Directors of 
make payment the Bank of the State of South Carolina, together with the Comp- 
of instalments. ^j.Q|}gj. General, to make the necessary arrangements for the payment 
of the instalments due to the South Carolina Railroad Company oil 
the shares in the stock of said company now held by the State. 
Comptroller H. That the better to effect the purpose aforesaid, the Comptroller 
pieds(f suffi- General is hereby authorized and required to pledge to the President 
ci^en^ shares to ^nd Directors of the Bank of the State of South Carolina, so many 
of the shares aforesaid in the said South Carolina Railroad Com- 
pany, now held by the State, as shall be equal in value to the 
amount required on account of the instalments aforesaid: Provided, 
That the said shares shall, in no event, be estimated at less than 
their par value. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in the 
seventy-fifth year of the sovereignty and indej^endence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4031. AN ACT to Confirm a Grant unto John J. Moore, which, 

BY MISTAKE, WAS IsSUED IN THE NAME OF JOHN MoORE. 

^jEnactingSec- ^g n enacted by the Senate and House of Representatves, now 
met and sitting in General Assembly, and by the authority of the 
same, That a grant heretofore issued in the name of John Moore, on 



OF SOUTH CAROLINA. 65 

tlie ninth day of Miirch, one thousand eight hundred and forty- ^- ^- ^'^''"• 
eight, for sixteen hundred and fifty acres, surveyed the seventli day """"v™-^ 
of Deceniber, eighteen hundred and forty-seven, situate in Sumter 
District, in the Wateree Swamp, be taken and deemed as conferring 
title in John J. INIoore, his heirs and assigns, forever, to all intents 
and purposes, and, in effect, precisely as if the said grant had been 
originally certified, and the said grant had originally issued in the 
name of the said John J. Moore. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in 
the seventy-fifth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO DECLARE CERTAIN CHILDREN OF AtTICUS TuCKER No. 4032. 
LEGITIMATE, AND TO CHANGE THEIR SURNAMES. 

Be it enacted by the Senate and House of Representatives, now Enacting Sec- 
met and sitting in General Assembly, and by the authority of the *'°°' 
same, That the children of Atticus Tucker, of Edgefield District, 
begotten on the body of Nancy Morris, now his wife, before his 
marriage with her, called by the names of Hamilton Butler jNIorris, 
Pickens Landon Morris, and Atticus Calhoun Morris, be, and they 
are hereby, declared legitimate, with right to take and hold any es- 
tate by descent, purchase or as next of kin, in the same manner 
as if they had been born in lawful wedlock, between the said Atti- 
cus Tucker and Nancy Morris; and that their surnames respectively 
be, and they are hereby, changed from Morris to Tucker. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in the 
seventy-fifth year of the sovereignty and independence of the 
United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO RESTORE THE DUE COMPENSATION OF THE TaX No. 4033. 

Collector of St. Philip's and St. Michael's. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the Amount of 

same, That hereafter the Tax Collector of the said Parishes shall " " " 

be entitled to a commission of four dollars per centum on all suras 
of money annually to be received by him for general taxes until 
the said commission shall amount to three thousand dollars; after 
VOL. Xll — 5 



commission. 



66 STATUTES AT LARGE 

A. D. ]R.iO. ■\vliicli he shall be entitled only to one per centum on the remainder 
^■"■""v ' of the moneys so to be received. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in 
the seventy-fifth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4034." AN ACT to Prohibit Betting on Elections. 

Enacting Sec- j^q {( enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That any person who shall hereafter make any bet or wager 
of money, or wager of any other thing of value, or shall hereafter 
have any share or part in any bet or wager of money, or wager of 
any other thing of value, upon any election in this State, shall be 
deemed guilty of a misdemeanor, and upon conviction in any Court 

Penalty. ^^ Sessions in this xState, shall be fined in a sum not exceeding five 
hundred dollars, and be imprisoned not exceeding one month: one- 
half of the fine to go to the informer, and the other half to the use 
of the State, 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty, and in 
the seventy-fifth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4035. AN ACT to Authorize the Formation of a Volunteer 
Company of Artillery within the limits of the " In- 
dependent Battalion." 

_ Adjutiint^and J. JBe it enacted by the Senate and House of Representatives, now 

Inspector Ctgii" ... ■*■ 

enii to receive met and sitting in General Assembly, and by the authority of the 

panylnto "In- Same, That the Adjutant and Inspector General be, and he is hereby, 

'^ep«ri<^ent authorized and empowered to inspect and receive into the battalion 

a ion. known as the " Independent Battalion," and now attached by law 

to the Thirteenth Regiment of Infantry, South Carolina Militia, a 

new volunteer company of Artillery, to be called the "Calhoun 

Artillery," any law to the contrary hereof notwithstanding. 

Of the offi- II, Xhe said company shall have attached to the same one Cap- 

va.es. tain, two Lieutenants, two Sergeants, and two Corporals, and shall 

consist of not more than thirty nor less than fifteen, including ofii- 

cers, non-commissioned ofiicers and privates, any law to the contrary 



OF SOUTH CAROLINA. 67 

notwithstanding; and whenever reduced below the number of A. D. 1S51. 
fifteen, above reijuired, if it shall not recruit to such number, witliin *~'~ Z^"'^' 
six months after notice to its commander to fill up its ranks, it shall coiu"i*nuancc^of 
be dissolved, and the commissions of its officers vacated. their commis- 

III. The said company shall be subject to all laws and regulations 
governing the "Independent Battalion," and shall conform to all i.o suiljcct^ to 
the requisitions of the laws of this State in relation to the reception ^J^'ttaiion laws. 
of volunteer companies, and all other militia laws of force in this 
State, or hereafter to be made of force, except as herein provided. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and 
in the seventy-sixth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Raise Supplies for the year commencing in No. 4036. 
October, one thousand eight hundred and fiety-one. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That a tax for the sums and in the manner hereinafter men- Tax on lands, 
tioned, shall be raised and paid into the public treasury of this 
State for the use and service tliereof, that is to say : thirty-five cents 
ad valorem on every hundred dollars of the value of all the lands 
granted in this State, according to existing classification hereto- 
fore established ; one-half cent per acre on all lands lying within 
the Catawba In<lian boundary, to be paid by each grantee or lessee 
of said Indian lands, until otherwise directed by law; fifty-six Slaves and 
cents per head on all slaves; two dollars on each free negro, mulatto f'"<^<^ ^^sroes. 
and mustizoe between the ages of fifteen and fifty years, except such 
as shall be clearly proved, to the satisfaction of the Collector, to be 
incapable, from maims or otherwise, of procuring a livelihood; 
twenty-five cents ad valorem on every hundred dollars of the 
value of all lots, lands and buildings within any city, town, .Lots and 
village or borough in this State ; sixty cents per hundred dollars "* '"^' 
on factorage, employments, faculties and professions, (whether in Factorage 
the profession of the law, the profits to be derived from costs of pioymcnts. 
suit, fees or other sources of professional income,) and on the amount 
of com missions received by Vendue Masters and Commission Mer- 
chants, (clergymen, schoolmasters, schoolmistresses and mechanics 
excepted;) sixty cents upon every hundred dollars' worth of goods, 
wares and merchandise, embracing all the articles of trade, for sale, Merchandise, 
barter or exchange, (the products of this State, and the unmanufac- 
tured products of any of the United States or Territories thereof, 
excepted,) which any person shall use or employ as articles of trade, 
sale, barter or exchange, or have in his, her or their possession on 
the first day of January in the year of our Lord one thousand eight 
hundred and fifty-two, either on his, her or their own capital or bor- 



68 STATUTES AT LARGE 

A. D. m')i. rowed capital, or on account of any person or persons, as agent, 

* V ' attorney or consignee; sixty cents upon every hundred dollars' 

worth of goods, wares and merchandise whatever, which any tran- 
sient person, not resident in this State, shall sell or expose for sale, 
in any house, stall or public place; ten dollars per day for 
Public exhi- representing publicly, for gain and reward, any play, comedy, 
' *°"^" tragedy, interlude or farce, or other employment of the stage, or any 

part therein, or for exhibiting wax figures, or other shows, of any 
kind whatsoever, to be paid into the hands of the Clerks of the 
Courts respectively, who shall be bound to pay the same into the 
public treasury, except in cases where the same is now required by 
law to be paid to corporations or otherwise. 
Payment of II. That all taxes levied on property, as prescribed in the first 
taxes. Section of this Act, shall be paid to the Tax Collector for the Dis- 

trict or Parish in which said property is located. 
Direct Euro- HI. The goods wiiich shall l)e imported directly from Europe in 
fion" 'exempt- any vcssel owned by citizens of South Carolina shall be exempt 
e<i- from taxes in the hands of the original importer. And it shall be 

Duty of Tax the duty of the Tax Collectors to require every importer making a 
^aser'o? ex" return of stock in trade to produce the original invoice, whenever 
emption. an exemption from taxation shall be claimed under this Section. 

Machinery IV. In making assessments for taxes, the value of taxable prop- 
assessment '° ^^^y ^^^^*-^ ^^ manufacturing, or for railroad purposes, within this 
State, the value of the machinery used therein shall not be inclu- 
ded, but only the value of the lots and buildings as property merely. 
Returns of V. That the Tax Collectors in the several Districts and Parishes 
Tax Collectors. -^^ ^j^j^ g^g^jg^ j^ their returns hereafter to be made, be, and they are, 
required and enjoined, to state the precise amount of taxes collected 
by them for the purpose of supporting the police of the said several 
Districts and Parishes aforesaid, stating the rate per centum on the 
_ „ . amounts of the State tax collected for said District and Parish 
Comptroller, police purposes, and the Comptroller General shall return the same 
in his report. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and in 
the seventy-sixth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4037. AN ACT to make Appropriatio>-s for the Year commen- 
cing IN October, one thousand eight hundred and 
fifty-one. 

I. Tie it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That the following sums be, and they are hereby, appropriated 
for the payment of the various officers and expenses of the State 
government, that is to say ; 



OF SOUTH CAROLINA. 69 

In the Executive Department. — For the salary of the Gov- ^- ^- i^^^i- 
ernor, three thousand five hundred dollars ; for the Private Secretary '^'"""^'^""^ 
of the Governor, five hundred dollars; for the Messenger of the jjep^^{^eQt'/® 
Governor, two hundred and fifty dollars ; for contingent fund of the 
Executive Department, ten thousand dollars, to be subject to the 
draft of the Governor, and to be accounted for annually by him to 
the Legislature; for the rent of the Governor's house, in Columbia, 
three hundred dollars. 

II. In the Legislative Department. — For the pay of the Legislative 
Members of the Legislature and its investigating Committees, department. 
and the Solicitors and Attorney General, during the present session, 
twenty-one thousand dollars, if so much be necessary; for tiie 
salaries of the Clerks of the Senate and House of Represen- 
tatives, one thousand dollars each, and to the said Clerks, for 
the services of two Assistant Clerks, two hundred and fifty 
dollars for the Clerk of the House, and two hundred and fifty 
dollars for the Clerk of the Senate, to be paid at the adjourn- 
ment of the Legislature; for the salaries of two Messengers and two 
Doorkeepers, each two hundred and fifty dollars, to be paid at the 
adjournment of the Legislature ; for the salary of the Keeper of the 
State House and Librarian, seven hundred dollars ; for the salaries 
of the Reading Clerks of the Senate and House of Representatives, 
each two hundred and fifty dollars, to be paid at the end of the 
session ; for the services of Engrossing Clerks, to be paid under the 
direction of the Speaker of the House and President of the Senate, 
two hundred dollars ; for the Printers to the Senate and House of 
Representatives, in pursuance of the contracts made by the Com- 
mittees of both Houses, five thousand dollars, if so much be neces- 
sary, for the printing executed by the said printers during the pres- 
ent session of the Legislature, the same to be paid to them as soon 
as the amount of the said contracts shall be ascertained by the 
Treasurer of the Upper Division ; for the Printer, for printing in 
pamphlet form the Acts, Journals of both Houses, Reports and Re- 
solutions agreed to, the Governor's Message, Reports of the President 
of the Bank and Comptroller General, with the usual accompany- 
ing documents, two thousand five hundred dollars, if so much be 
necessary: Provided, That the number of copies specified in the 
proposals of the Printers, as accepted by the Legislature, shall be 
printed and deposited in the office of the Treasurer of the Upper 
Division, at Columbia, before the twentieth day of February next; 
ami the amount to be paid, according to the proposals, shall be as- 
certained by the Treasurer aforesaid : And further provided, That 
the Printer of the Acts and Journals do publish in his newspaper, 
at Columbia, all the pu])lic Acts which may be passed at the present 
session, within three weeks after the adjournment of the Legislature; 
for Benjamin Hart, for contingent expenses during the present ses- 
sion of the Legislature, twelve hundred dollars, it so much be ne- 
cessary, to be accounted for by him at the Treasury, and reported 
by the Treasurer to the General Assembly ; for stationery, fuel, dis- 
tributing Acts, expenses for the election returns, fourteen hundred 
dollars, if so much be necessary ; for the purchase of books for 
the Library of the Legislature, five hundred dollars; for repairs 
of the State House and grounds, under the Committees of both 



70 



STATUTES AT LARGE 



A. D. is,ii. Houses, four thousand five hundred dollars, if so much be iieces- 

^^ ' sary. 

Jiuiiiiaiy HI. In THE JuDiciARY DEPARTMENT. — For the Salaries of ten 
Department. Judges, three thousand dollars each ; for the salary of the Attorney 
General, eleven hundred dollars; for the salaries of five Solicitors, 
nine hundred dollars each ; for the Clerk of the Court of Appeals 
in Columbia, six hundred dollars; for the salary of the Messenger 
of the said Court at Columbia, two hundred and fifty dollars : Pro- 
vided, It shall be the duty of said Messenger to summon all mem- 
bers of the bar, who are members of the Legislature, when their 
cases may be called for trial ; for the salary of the Librarian of the 
Court of Api:)eals in Columbia, two hundred dollars, the same to 
include the expenses of fuel; for the purchase of books for the Li- 
brary of the Court of Appeals at Columbia, five hundred dollars ; 
for firewood and fuel for the Court of Appeals at Columbia, fifty 
dollars, if so much be necessary ; for the salary of the Clerk of the 
Court of Appeals in Charleston, six hundred dollars; for the salary 
of the Messenger of the same Court in Charleston, two hundred and 
fifty dollars; for the salary of the Librarian of the Court of Ap- 
peals in Charleston, two hundred dollars, to include expense of fuel ; 
for firewood and fuel for the Court of Appeals at Charleston, fifty 
dollars, if so much be necessary ; for the purchase of books for the 
Library of the Court of Appeals at Charleston, five hundred dol- 
lars ; for the salary of the State Reporter, fifteen hundred dollars ; 
and the several appropriations aforesaid for the Clerks, Librarians, 
Messengers, Reporter, and for the incidental expenses of the Courts 
of Appeals, shall be paid by the Treasurer only upon warrants to 
be drawn by the presiding Judges of the Courts of Appeals, at such 
times and for such portions as they may deem just and proper; and 
it shall be the duty of the said Reporter to attend in person, or by 
deputy, the sittings of the Courts of Appeals and Errors, in Colum- 
bia and Charleston, and to report such arguments and statements of 
facts as may be necessary to a correct understanding of the decisions 
of the said Courts; for the pay of jurors and Constables, forty 
thousiand dollars, if so much be necessary. 

IV. In the Treasury Department. — For the salary of the 
Comptroller General, two thousand dollars; for the salary of the 
Clerk of the Comptroller General, seven hundred and fifty dollars, 
the said Clerk to be appointed and removable at the pleasure of the 
Comptroller General; for the salary of the Treasurer of the Lower 
Division, and for transacting the business of the Loan Office, and 
for Clerk hire, two thousand dollars ; for the salary of the Treasurer 
of the Upper Division, and for Clerk's hire, sixteen hundred dol- 
lars ; for the Assessor of St. Philip's and St. Michael's, for making 
out and affixing assessments of each return, eight hundred dollars. 

V. For the South Carolina College. — For the salary of 
the President of the College, three thousand dollars ; for the salaries 
of seven Professors of the College, two thousand five hundred dol- 
lars each ; for the salary of the Treasurer of the College, five hun- 
dred dollars; for the salary of the Librarian of the College, six 
hundred dollars; for the salary of the Secretary of the Board of 
Trustees, two hundred dollars; for the salary of the Marshal, four 
hundred dollars; the salaries of the President, Professors, Treasurer 



Treai-ury 
Department. 



South Caro- 
lina College. 



OF SOUTH CAROLINA. 71 

and Librarian, to be paid l)y the Treasurer of the Upper Division, A. D. isr.i. 
quarterly, in advance, tlieir draft being counter.signed by the Trea- '"■ ^ 
surer of the College; for the purchase of books for the College Li- 
brary, two thousand dollars, to be paid to the draft of the President 
of the College, countersigned by the Treasurer of the same. 

VI. For the Okdixaky Civil Expenses. — For the payment of ^.^.J 'l^Jl^i^/J] 
the contingent accounts of the Upper Division, twenty-five thousand 

dollars, if so much be necessary ; for the payment of the contingent 
accounts of the Lower Division, fifteen thousand dcdlars, if so much 
be necessary ; for the Commissioner to be appointed by the Governor 
to superintend tlie Public Works, one hundred and fifty dollars ; for 
the payment of Pensions and Annuities, three thousand dollars, if 
so much be necessary; for the payment of such claims as shall be 
admitted by the Legislature at its present session, twenty thousand 
dollars, if so much be necessary ; for the support of Free Schools, 
thirty-seven thousand five hundred dollars, if so much be necessary; 
for the education of the Deaf and Dumb, and of the Blind, three 
thousand five hundred dollars, if so much be necessary, to be paid 
to the Commissioners in the same manner as the appropriation 
heretofore made; for refunding Taxes, and paying for Stock Certifi- 
cates and Interest, as directed by the reports of the Committee of 
Ways and Means, and of Finance, and agreed to by the Legisla- 
ture, five hundred dollars, if so much be necessary; for the pay- 
ment of such other claims or demands on the State as may be 
allowed by the General Assembly upon the reports of other Com- 
mittees, three thousand dollars, if so much be necessary ; for com- 
pensation, according to the Act of eighteen hundred and forty-three, 
for slaves executed, two thousand dollars, if so much be necessary. 

VII. For Military Expenditures. — For the salaries of the Military cx- 

„,,. „-, . .,. IT /^ li penuitures. 

loUowing omcers, viz: Adjutant and Inspector General, two 
thousand five hundred dollars ; Arsenal Keeper at Charleston, one 
thousand dollars; Arsenal Keeper and Powder Receiver at Colum- 
bia, at the rate of four hundred dollars per annum ; Physician of 
the Jail and Magazine Guard at Charleston, five hundred dollars ; 
and for the support of the Arsenal and ^Magazine Guard at Charles- 
ton, sixteen thousand dollars, if so much be necessary; for the sup- 
port of the Arsenal and Magazine Guard, at Columbia, eight 
thousand dollars, if so much be necessary; and the Arsenal and 
Magazine Guard shall be under the direction of the Governor, so 
that their support shall not exceed the appropriations respectively ; 
for repairing arms, and Arsenal purposes, in Charleston and Colum- 
bia, two thousand dollars, if so much be necessary; for the Military 
Accounts, as agreed to by both branches of the Legislature, one 
hundred dollars, if so much be necessary ; for the Military contin- 
gencies, five thousand dollars, to be drawn and accounted for 
as directed by tlie Legislature; for defraying the exjienses of 
Artillery Companies throughout the State, fourteen hundred dollars, 
if so much be necessary, to be drawn and applied in the manner 
prescribed by the Act in relation to that subject; for the Quarter- 
master General, five hundred dollars ; for the services of the Secre- 
tary of State, during the ensuing year, for all services in issuing all 
military commissions, eight hundred dollars, in lieu of all other 
charges for these services, to be paid as other salaries are directed 



72 STATUTES AT LARGE 

A. D. ]8.l to be paid bylaw; for the Military Academy, at Columbia, ten 
''— ~y ' thousand dollars, to be applied according to the report of the Com- 
mittee on the Military; for additional appropriation for the support 
of the Military Academy, at Charleston, in pursuance of same re- 
port, three thousand dollars. 

(Ordinary lo- VIII. FoR ORDINARY LoCAL EXPENDITURES. — For the SUpport 

turcs. ''■''^''"'''' of the transient poor of Charleston, four thousand five hundred 
dollars, to be paid to the City Council of Charleston, and accounted 
for by them to the Legislature; for the salary of the Port Physician 
in Charleston, including boat hire and other incidental expenses, 
eight hundred dollars; for the execution of the Quarantine Laws at 
Charleston, one thousand dollars, if so much be necessary, to be 
paid to the City Council of Charleston, and expended under their 
direction ; for the salary of the Superintendent of the Fire Proof 
Building, in Charleston, during the present year, one hundred dol- 
lars ; for the support of the transient poor of Georgetown, three 
hundred and twenty-one dollars fifty-three cents, to be expended by 
the Commissioners of the Poor of Prince George, AVinyaw, to _ be 
accounted for by them to the Legislature; for the salary of the Pilot 
of the harbor and bar of Georgetown, three hundred and twenty 
dollars ; for aiding the support of a ferry on Elliott's Cut, two 
hundred dollars, subject to the order of the Commissioners of 
Roads for St. Andrew's Parish. 

Extraonlinary JX. FOR EXTRAORDINARY EXPENDITURES. — For the purpOSCS 

e.\pen( 1 uie^. ^^.^jg^.g^ ]^^ ^j^g Committee on the State House and Grounds, in pur- 
suance of the resolutions adopted at the last session, the sum of five 
thousand six hundred and twenty dollars, received at the Treasury 
from sale of Columbia lots, and the Treasurer is directed to pay 
over to the order of the same committee, for the purposes aforesaid, 
any further sum to be received from the sale of said lots ; for re- 
funding the Laurens Railroad Company the dividend received in 
July last upon stock to which they were equitably entitled, eleven 
hundred and fifty-six dollars ; for the pay of the members of the 
State Convention, to be held on the fourth Monday in April next, 
ten thousand dollars, if so much be necessary; each member to re- 
ceive the same pay that is now by law allowed to members of the 
Legislature ; for the Clerk, and the Messenger and the Doorkeeper 
of the said Convention, each the same pay that is now by law 
allowed to the members of the Legislature ; for the Commissioners 
to report upon the survey of Charleston harbor, five thousand dol- 
lars to be paid to the order of the said Commissioners. 
Three per X. That after the passing of this Act, the President and Directors 

cent, stock. of the Bank of the State shall pay the accruing interest on the 
three per cent, stock now issued by the State, and also the principal 
and interest due upon the stock issued for the subscription to the 

tern" RaUwfd ^'^^^^ Western Railroad Bank, and the dividends hereafter declared 

iflnk stoc ™'^ by the last mentioned bank shall be received by the Treasurer and 
carried to the general credit of the State. 
The Roper XI. For the Trustees of the Roper Fund, ten thousand dollars, to 
be paid to the said Trustees, or their order, for the purposes indica- 
ted in the report adopted ; and in conformity with the said report, the 
Roper Hospital is hereby exempted from the payment of taxes; for 



OF SOUTH CAROLINA. 73 

I. C. Morgan, public printer, for error in his account of last year, ^- ^ - ^'^'^• 
six hundred and twenty-two dollars fifty cents. ^ 

XII. Foil Public Buildings. — For a new court house at puhii^yHn'ter's 
Marion, ten thousand dollars, to be paid according to the recom- account of 18.50. 
mendation of tlie report of the Coniniittees on that subject ; for a Pubiicbuild- 
new court house at Yorkville, four thousand dollars; for building a ^"=^" 
new court house at Greenville, eight thousand dollars; for the court 
house at Newberry, eleven hundred dollars; i'or additional appro- 
priation for Marll)orough Court House, one thousand dollars. All 
the I'oregoing appropriations, for public buildings, to be drawn aiul 
expended under the direction of the Commissioners of Public Build- 
ings of the several Districts. 

Id the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and 
in the seventy-sixth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Amend an Act entitled "An Act for the No. 4038. 
Abolition of the Rights of Primogeniture, and for 
Giving an Equitable Distribution of the Real Es- 
tates OF Intestates, and for other purposes therein 
mentioned." 

I. Be it enacted by the Senate and House of Representatives, 

now met and sitting in General Assembly, and by the authority of lntest.ate's 

the same. That from and after the passing of this Act, when any ^e^dlviiled"^ *° 

person shall die intestate, leaving no lineal descendants, but leaving 

a widow, and a father or mother, and brothers and sisters, or brother 

or sister of the whole blood, the estate, real and personal, of such 

intestate, shall be distributed in the following manner, that is to say : 

The widow shall be entitled to one moiety of the said estate, and 

the other moiety shall be equally divided amongst the father, or, if 

he be dead, the' mother and the brothers and sisters of the whole 

blood. The children of a deceased brother or sister shall take 

among them respectively the share which their respective ancestors 

would have been entitled to had they survived the intestate. 

II. Whereas, by an Act passed the sixteenth day of December, , Actof iTTp— 
in the year of our Lord one thousand seven liundred and nniety- terpreted. 
seven, it was enacted, " That from and after the passing of the same, 

in all cases in which any person shall die intestate, leaving neither 
wife, child or children, or lineal descendant, but leaving a father or 
mother, and sisters, or brother and sistei*, or brother or sister, one or 
more, that the estate, real and personal, of such intestate shall be 
equally divided amongst the father, or, if he be dead, the mother 
and such brothers and sisters as may be living at the time of the 
death of such intestate, so that such father or mother, as the case 



4 STATUTES AT LAKGE 

A. D. is'i. niay be, and such brother and sister so left living by the intestate, 
^""""^^^^ shall each take an equal share of his estate, real and personal :" 

Be it enacted, That brothers and sisters, in the said Act men- 
tioned, shall be taken and understood, and they are hereby declared 
to be, brothers and sisters of the whole blood. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and in 
the seventy-sixth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. AV. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4039. AN ACT to Alter and Amend the Law in Relation to the 
Operation of Benefit of Clergy. 

The benefit, of Beit enacted by the Senate and House of Representatives, now 
in^cifse of feio- met and sitting in General Assembly, and by the authority of the 
eonviction '^'i'n S'^"^^) That from and after the passage of this Act, benefit of clergy 
any other ease, allowed to one who has been convicted of felony, shall not be held 
to bar conviction in any other felony, or remit the punishment 
thereof, nor operate in any way for the relief of the person con- 
victed, beyond the felony on which it has been prayed and allowed. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and in 
the seventy-sixth year of the sovereignty and indei^endence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4040. AN ACT to Establish Certain Roads, Bridges and Fer- 
ries, AND to Amend the Law respecting Commission- 
ers OF Roads in > certain particulars. 

I. Be it enacted by the Senate and House of Representatives, now 

Ashopoo Ferry met and sitting in General Assembly, and by the authority of the 

same. That the bridge across Seneca River, known as Cherry's 

Bridge, be, and the same is hereby, re-chartered for the term of 

fourteen years, and that the same be vested in David Cherry, his 

heirs and assigns, with the same rates of toll as now allowed by law. 

Geo^gT*^ 'Sor- ^^' '^^^'^^ ^ new road be laid out in Saint George Dorchester, 

Chester," estab- running from Ridgeville, on the South Carolina Railroad, to the old 

hshed. River Road, at or near Beech Hill, and that the same be a public 

road. 

AVhitcllaii III. That the ferry known as White Hall or Beaufort Ferry, be 

tered. ^ '^ ^^^' rc-chartered for the term of seven years, and that the same be vested 



OF SOUTH CAROLINA. 75 

in William A. IMorecock, his heirs and assigns, with the same rates ^- ^- ^^'^'^• 
of toll as those now allowed by law. —' y 

IV. That an Act passed in the year of our Lord one thousand Elliott'? Cut 
seven hundred and seventy-nine, directing and authorizing a canal fhiuud. '^"**^""" 
to be cut and kept open from Ashepoo River to Pon Pon, called 
Elliott's Cut, be, and the same is hereby, repealed, and the said 
canal, called Elliott's Cut, be discontinued as a public highway. 

Y. That the ferry called Mars Bluff Ferry, on Big Pee Dee, be p^rr^^'J.^l^l^'jJ'r'! 
re-chartered, and vested in S. F. Gibson, his heirs and assigns, for tered. 
the term of seven years, with the same rates of ferriage as those now 
allowed by law. 

VI. That Stephen Watson, William Smith, William Oliver, F. ,;,£/' J^.^'^'^J'; 
]\I. Mitchell and E. M. Keith, be aj)pointed Commissioners for the pi.kcns c. ll. 
purpose of laying out a road from Pickens Court House to Green- ^"'i^Ureenviiie 
ville Court House, by the way of Pickensville, and that the road 

laid out by said Commissionei's be, and the same is hereby, estab- 
lished as a public road. 

VII. That the road now existing, known as the Ridge Road, in Bri(i?e Road 
the parishes of St. John's Berkeley and St. James' Goose Creek, 

leading from the Cougaree or Monk's Corner Road, in the parish of 
St. John's Berkeley to the State Road in St. James' Goose Creek, 
the said road beginning near the forty-seven mile post on the Cou- 
garee or Monk's Corner Road, and ending at the Wassamassaw 
Bridges on the State Road, be, and the same is hereby, established 
as a public road. 

VIII. That the bridge across Little Pee Dee River, in Marion j^^..^ e^'^char- 
District, known as Gilchrist Bridge, be, and the same is hereby, tered. 
chartered for the period of seven years, and that the same be vested 

in Daniel Gilchrist, his heirs and assigns, with the same rates of toll 
as are now established by law. 

IX. That a free bridge across Saluda River, within the plantation s,,u'd!f *" 11™!' 
of John A. Easley, in Pickens District, be, and the same is hereby chartered. 
chartered for the terra of fourteen years, and that the same be vested 

in Samuel A. Easley and John A. Easley, their heirs and assigns. 

X. That the change as made in the Cross Street in Union Village, . A street in 
near the dwelling of Thomas N. Dawkins, be confirmed and estab- established, 
lished, and the substituted street be accepted in lieu of the one ob- 
structed. » 

XL That the road leading from Love's Ford, on Broad River, ,.,^°,'*'^ ff^?^" 
in Union District, to the road leading from Scaife's Ferry to Pinck- clstriut. 
ney Ferry, in said District, be, and the same is hereby declared to 
be, a ])ul)lic road. 

XII. That the Bridge called Bacon's Bridge, on Ashley River, be, Tiaeon's Bridge 
and the same is hereby, re-chartered and vested in Benjamin Perry, 

his heirs and assigns, for the term of seven years, with the rates of 
toll formerly allowed said Bridge, on condition that the said Ben- 
jamin Perry shall, on the first Monday in January, in each year, 
pay to the lower Board of Commissioners of Roads, Bridges and 
Ferries, in St. George Dorchester, the sum of twenty-five dollars. 

XIII. That the Ferry on Savannah River, known as Sand Bar SandBarFer- 
Ferry, be, and the same is hei'eby, re-chartered and vested in Eliza- ^-j re-chartcr- 
beth Whatley, her heirs and assigns, for the term of seven years, 

with the same rates of toll as those now allowed by law. 



76 STATUTES AT LARGE 

A. D. 18."]. XIV. That Rial's Ferry, on Waccamavv River, be, and the same 
^■^^•^''"~' is hereby, re-chartered and vested in William S. Todd, his heirs and 
re-drir'tereir' assigus, for the term of seven years, with the same rates of toll as 
those now allowed by law. 
Roiuifrom XV. That John Bellot, William Hix, S. P. Hillhouse, Kennon 
estabiish'ed.' ' Brazeale, and J. Y. Fretwell, be appointed Commissioners to open a 
new road from Anderson Court House, by Centerville and Hix's 
Ford, on Twenty-three Mile Creek, to Bruce's, on Seneca River, and 
that the same be a public road. 
The duties of XVI. That it shall be the duty of the Chairman of each Board 
Commiss'rs. of Commissioners of Roads, Bridges, and Ferries, in this State, to 
file with the Clerk of the Court of General Sessions and Common 
Pleas of the Judicial District in which his Board may be, in each 
year, the names of the members constituting said Board; and also a 
specification of the roads assigned to each member of the Board to 
The duties of superintend and keep in repair. And the said Clerk shall keep a 
Co*urts. ° ^ book, in which he shall enter or transcribe said statement of the 
names of the Commissioners, and the roads assigned to each, which 
book shall remain as a permanent record in his office. And the 
Clerks' com- Said Clerks shall receive nine cents per copy sheet for entering and 
pensation. recording the same, to be paid by the diflerent Boards of Commis- 
sioners, respectively, out of any funds which they are now author- 
ized to receive, 
lish^d^'on^'^oid XVII. That the road now opened from a point near Mrs. Kirk- 
Charieston patrick's, on the old Charleston Road, to its intersection with the 
°* ■ Gent's Road, be, and is hereby declared to be, a public road, and 

Gent's Road that the Gent's Road, from that point to its present intersection 

with the Charleston Road, be discontinued. 
Road estab- XVIII. That a public road be opened and established in New- 
Sy D'isSfer berry District, leading from Jacob Banker's to William Martin's, 
and passing by James Wilson, Sen., thence into the travelled road 
passing by James AVilson's (son of Hugh Wilson,) and along the 
open road into Hugh Wilson's field ; thence to the right, along a 
ridge through William Martin's field, connecting with the Calmes 
Road, at said Martin's house. 
Wilson's XIX. That the toll bridge over Saluda River, known as Wilson's 
chartered. Bridge, be, and the same is hereby, re-chartered, and vested in 
Jasper Wilson, C. G. Garrison and Hugh Wilson, their heirs and 
assigns, with the same rates of toll, and with the privileges hereto- 
fore granted to them, for the term of fourteen years. 
Cox's Ferry XX. That the ferry known as Coxe's Ferry, on the Waccamaw 
re-c artered. j^iyer, be, and the same is hereby, re-chartered, and vested in 
Frances P. Cox, widow of Herman Cox, her heirs and assigns, for 
the term of seven years, with the same rates of toll, and with the 
same privileges heretofore granted. 

of™of*'i'r ■^"^^' "^^^^^ ^^^ ^^'^^ Section of an Act entitled "An Act to es- 

authorizing tablish certain roads, bridges and ferries," passed the twentieth day 

road "re "eaied'^ °^ December, in the year of our Lord one thousand eight hundred 

■ and fifty, be, and the same is hereby, repealed, and the road thereby 

authorized to be opened, discontinued. 

Road estab- XXII. That the Commissioners of Roads for Williamsburg Dis- 

liam^y" D-i' ^"^^' ^®' ^^'^ ^'^^^ ^^® hereby, authorized to lay out and open a 

trict.^ ^^^ '" public road, commencing at the road running from Indian Town 



OF SOUTH CAROLINA. 77 

Church to Bethesda Church, not far from where the said road is in- ^- ^- ^*^''^- 
tersected by the road running from Scott's Steam Mill to Brown's, '~"~v~~' 
Causeway, from tlience, by the most direct practicable route, to 
James G. Burgess', and on by Minto W. McGili's plantation to 
White Oak Church, and from thence, in a direct course, to the road 
leading from Kingstree to Georgetown. 

XXIII. That so much of the road in Edgefield District, known A rond in 
as the old Charleston Road, as lies between the fork of that and the t'ric^ulfscontin- 
Island Ford Road, near the house of Z. W. Carwile, and a branch J^^f.f,^ lAush- 
crossing the said Charleston Road, on the plantation of N. L. Griffin, ed. 

be, and the same is hereby, discontinued as a public highway ; and 
that a new public road, from the point on the said Charleston Road 
where the said branch crosses the said Charleston Road, as before 
mentioned, by or near the residence of James Creswell. to or near 
the present residence of Henry H. Hill, on the said Island Ford 
Road, be, and is hereby, established, and that James Creswell, R. C. 
Griffin, Thomas S. Daniel, Z. W. Carwile and X. L. Griffin, be, and 
hereby are, appointed Special Commissioners to superintend the 
laying out and opening of the said road. 

XXIV. Be if further enacted by the authority aforesaid, That a .Road estab- 
certain neighborhood road in Greenville District, commencing at a Greenville Dis° 
point about six and a half miles A-om Greenville Court House, on *^"''*- 

the road to Rutherfordton, North Carolina, passing from thence by 
Mrs. Barton's, Chick's Springs, George King's and .John Green's, to 
a point where it intersects the Spartanburg and Greenville road, at 
or near Mason's, be, and the same is hereby, declared a public high- 
way ; and it shall be the duty of the Commissioners of Roads of the 
said District to open and keep the same in repair, according to law\ 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and in 
the seventy-sixth year of the sovereignty and independence of 
the United States of America, 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Increase the Amount of Property Exempt No. 4041. 
FROM Levy and Sale. 

I. Be if enacted by the Senate and House of Representatives, now Property ex- 
met and sitting in General Assembly, and by the authority of the and'Li'fe.™ ^^^ 
same, That the f )llowing property, in addition to that now exempted 
by law, to wit: To each family the dwelling house, and houses ap- 
purtenant thereto, together with fifty acres of land, and also one 
horse and twenty-five dollars' worth of provisions, be, and the same 
are hereby, exempted from levy and sale under fieri facias and as- 
signment under mesne or final process: Provided, That the said ' 
exemption shall not include or extend to any property situate within 
the limits of any city or town corporate of this State : And provi- 
ded, further, That the value of said real estate shall not exceed the 
sum of five hundred dollars. 



78 STATUTES AT LARGE 

A. D. 1851. II, That iu all cases where the landed property of the debtor shall 
^"^"^"^^ exceed fifty acres, three Commissioners shall be appointed by the 
pThc Cie'"k of Clerk of the Court, upon the application of either the plaintiff or 
iioint Coiuinis- defendant in the execution, whose duty it shall be to lay off to the 
off"iami/° '"^ debtor fifty acres of land, including the homestead, which shall 
always be done most favorably and beneficially for the family for 
whose benefit the provision is made ; the remainder of whose land 
may be liable as in other cases. 
Further <iii- HI, And if the said fifty acres, including the homestead, so laid 
uilssioners!°'"" off, shall exceed in value, by the estimation of said Commissioners, 
or a majority of them, the sum of five hundred dollars; then and 
in all such cases, the said Commissioners shall proceed to lay oflf 
such quantity less than fifty acres, as hereinbefore provided, the 
value of which shall not exceed the said sum of five hundred dol- 
lars, the remainder of which may be sold as in other cases. 
Commission- IV. That the said Commissioners shall mate a full return under 
return— t Te i 1- their hands and seals, of their proceedings in the premises, together 
cempensiition. -^yj^h ^ plat or some Other concise description of the lands laid off 
by them, to the Clerk of the Court, and shall be entitled to receive 
a compensation for their services, not exceeding one dollar each, 
The Clerk of per day, to be paid by the defendant; and the Clerk of the Court 
proceedings— shall keep a suitable book, in which the appointment of the Com- 
his^ comi<ensa- niissioners, together with their return, and all other proceedings iu 
the case, shall be recorded, for which services the said Clerk shall be 
entitled to receive in like manner, from the defendant, the sum of 
three dollars. 
estt ^"^ *''''' V. That this Act shall take effect, from and after the first day of 
March next, in relation to all debts thereafter contracted. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and 
in the seventy-sixth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
« JAMES SIMONS, Speaker House of Representatives. 



No. 4042. AN ACT to I^xoRPORATE " The South Carolina Building 

AND Loan Association." 

ciause'^"'^'''^"" ^' -^^ ^^ enacted by the honorable the Senate and House of Rep- 
resentatives, now met and sitting in General Assembly, and by the 
authority of the same. That William Laval, William Kirkwood, 
Samuel Hart, Sen., E. B. Crews, E. C. Tharin, Thomas O. Elliott, 
E. M. Whiting, E. Welling, L. Josephs and William J. Laval, 
together with other persons who now are or hereafter may be asso- 
ciated with them, be, and they are hereby, declared a body corporate 
and politic, for the purpose of making loans of money secured by 
mortgages of real estate, to their members and stockholders, by the 
.TUieof asso- name and style of "The South Carolina Building and Loan Asso- 
ciation," the capital stock of which shall consist of sixteen hundred 



OF SOUTH CAROLINA. 79 

shares, with the privilege of increasing the same to two thousand ^- ^- ^^''i- 
shares, to be paid in by successive monthly instalments of one dol- ^"""v-""^ 
lar on each share, so long as the corporation sliall continue; the 
said shares to be held, transferred, assi<fne(l and j)ledged, and the 
holders thereof to be subject to such fines and forfeitures for defaults 
in their payments, as the regulations and by-laws of the said cor- 
poration may prescribe. 

II. That the said company shall have such number and succession of the offi- 
of officers and members as shall be ordained and chosen according ^'^''^• 

to the rules and by-laws made or to be made by them for their gov- 
ernment, and shall have power and authority to make any such 
rules and by-laws as are not repugnant to the Constitution and laws , Rules an'i 
of the laud ; shall have and keep a common seal, and alter the 
same at will ; shall sue and be sued, implead and be impleaded, in 
any Court of law or e([uity in the said State; and shall have and 
enjoy all and every riLrlit and privilege incident and belonging to privUeg'ii^ ^"'^ 
corporate bodies, according to the laws of the land. 

III. That the funds of the said corporation shall be loaned and Funds of the 
advanced to their members and stockholders, upon the security of be'^^ioanecf to 
real estate, ou such terms and conditions, and subject to such regu- stockhoi.iers— 
lations, as may, from time to time, be prescribed by the by-laws of 

the said corporation ; and it shall and may be lawful for the said 
corporation to hold such lands, tenements and hereditaments as 
shall have been bona fide mortgaged and conveyed to it by way of 
security upon its loans and advances, or purchased at sales made 
according to law, upon judgments or decrees at law or equity for 
the recovery of their debts, and to sell, alien or otherwise dispose of 
the same, as they may, from time to time, deem expedient. 

IV. That should it so occur that the funds of the said corporation Provision for 
shall remain unproductive and uncalled for for the space of two funds'^." 
mouths, by their own stockholders and members, then it shall be 

lawful for them to lend what may be on hand to others than stock- 
holders, at the rate of seven per centum per annum, if it be safely 
invested, and be repaid within one year. 

V. That whenever the funds of the said corporation shall have Limitation 
accumulated to such an amouut that, upon a fair division thereof, 

each stockholder, for each and every share of stock by him or her 
so held, shall have received, or be then entitled to receive, the sum 
of two hundred dollars, or the value tiiereof in property, and such 
distribution and division shall have been made, then this corporation 
shall cease and determine : Provided, That in case the said corpo- 
ration shall not have closed its operations and afiiiirs, as above 
provided for, within a shorter period, then this Act shall not con- 
tinue in force beyond ten years. 

VI. That this Act shall be deemed a public Act, and be given in Public Act. 
evidence without being specially pleaded. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and in 
the seventy-sixth year of the sovereignty and independence of 
the United States of America. 

ROBT.^F. W. ALLSTOX, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



80 STATUTES AT LARGE 

A. D. 1851. AN ACT TO Incorporate the White Water Falls Turn- 
^•^"'■y'"*^ pike Company. 

No. 4043. 

Enacting I. Be it enacted by the Senate and House of Representatives, now 
clause. „jgt ai,(^i sitting in General Assembly, and by the authority of the 

same, That F. N. Garvin, Carwell Hester, and those persons who 
may associate with them, be authorized and empowered, at their 
own expense, to lay out, erect and keep in repair, a turnpike road 
in Pickens District, in this State, from Jocassee Valley, by the most 
practicable route, to the White Water Falls, and thence to the 
North Carolina line; and for the purpose of establishing the said 
road, the said F. N. Garvin, Carwell Hester, and their associates, 
shall be, and they are hereby, incorporated as a body politic and 
Title. corporate, by the name and style of the White Water Falls Turn- 
pike Company, and shall have succession of officers and members, 
to be appointed according to the by-laws and regulations the said 
company may establish. 
Capital stock. H. The Capital stock of the said company shall consist of one 
thousand five hundred dollars, in shares of twenty dollars each, to 
be subscribed in books opened for the purpose, under the direction 
of F. N. Garvin and Elijah Alexander, on such days, by such per- 
Organization sons, and at such places as they may appoint; and when the sum 
of company, of one thousaud dollars shall be subscribed, a meeting of the stock- 
holders shall be called by the above named Commissioners, and the 
company may be organized by those representing a majority of the 
stock, each share entitling the owner to a vote. 
Rules and IH. The Said corporation shall have power to make such rules 
by-laws. j^yfj by-laws, not repugnant to the laws of the land, as they may 

To hold r ai ^^^"^ expedient ; shall be able and capable in law to hold and enjoy 
estate iind per- any estate, real or personal, not exceeding in amount double the 
sonai property, a^jj^Qmjt of their capital stock ; and by the name aforesaid may sue 
and be sued in any Court of law or equity in this State; may have 
a common seal, and have a corporate existence for the term of four- 
teen years (unless their charter be forfeited by law) from the com- 
pletion of the same. 
Time allowed IV. The company herein authorized shall be allowed one year 
company"' and f^om the ratification of this Act to organize and commence the road 
complete road, hereby authorized, and two years from the commencement of the 

work to complete the same. 
erection gatei°. ^" '^^'"^^ ^^ shall and may be lawful for the said company to erect 
one or more toll gates for the collection of toll, and shall be author- 
ized to take and receive as a toll for passing said turnpike according 
Rates of toll, to the following rates, to wit : For every four-wheeled carriage, 
twenty cents ; for every buggy or other one-horse carriage, fifteen 
cents ; for every loaded wagon and team, twenty-five cents ; for 
every empty wagon and team, twenty cents ; for every two-horse 
wagon, fifteen cents ; for every cart or other carriage than as above, 
ten cents ; for every passenger on horseback, five cents ; for every 
head of horses or cattle, three cents ; for every head of hogs, sheep 
or goats, one cent. 
Obstructing VI. If any person shall wilfully destroy, injure or obstruct the 
aUies?" ~^*^"~ said road, he shall be liable to pay treble damages to the company, 
to be recovered by suit at law in any Court of record in this State 



OF SOUTH CAROLINA. 81 

having jurisdiction, and shall also be liable to indictment in the A- L>- ^'*''i- 
Courts of Sessions, as for injury or obstruction to a public highway, ^~~v~~^ 
and j)unished by fine and imprisonment, at the discretion of the 
Court, one-half of which fine shall go to the informer, the other 
half to the District. 

VII. For failure to keep the said road in proper repair after the , Road to be 

111 Kept in reptiir. 

same shall have been completed, the said company shall be liable 
to a forfeiture of the charter herein granted. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and in 
the seventy-sixth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Alter and Amend the Charter of the King's No. 4044. 
Mountain Railroad Company. 

I. Be it enacted by the Senate and House of Representatives, , Enacting 
now met and sitting in General Assembly, and by the authority of 

the same, That the King's Mountain Railroad Company, which 

has been formed in compliance with the charter granted by this 

State, be, and the same is hereby, incorporated, and shall be known 

by the name of the King's Mountain Railroad Company, and by Title. 

this title shall have corporate existence, and shall have perpetual 

succession of members, may have a common seal, may sue and be Privileges. 

sued, plead and be impleaded, in any Court of law and equity, 

make all such rules, regulations and by-laws, not inconsistent with 

the laws and Constitution of this State or of the United States, and 

shall have and enjoy all other rights, privileges and immunities 

which other corporate bodies may of right exercise, as far as may 

be necessary for accomplishing the objects designed by this Act. 

II. That the affairs of said company shall be managed and di- j.. Board of 
reeled by a general Board, consisting of a President and eight 
Directors, to be elected by the stockholders from among their num- 
ber. 

III. That there shall be annual meetings of the stockholders, at .Annual meet- 
Yorkville, at such times as the preceding annual meeting shall have hoide'rs. ^''"^ 
appointed or the by-laws may prescribe. At such or any special 

meeting, stockholders may vote by proxies, under such regulations Proxies. 
fis the by-laws shall direct : Provided, That in no case shall the Proviso. 
President, or any officer or agent of the company, be the proxy of 
a stockholder, and all and every such proxy shall be void. 

IV. That the stockholders, at every annual meeting, shall elect a Annual eiec- 
President and eight Directors, who shall continue in oflice, unless *"'°' 
sooner removed, until the next annual meeting after their election, 

and until their successors shall be elected and enter upon their du- 
ties ; but the said President and any of the Directors may at any Removal of 
time be removed, and the vacancy thereby occasioned be filled by a officers. 
VOL. XII — 6 



82 



STATUTES AT LARGE 



A. D. IS.")]. 



Quorum for 
business. 



Vacancies — 
how tilled. 



Voting privi- 
leges. 



Special meet- 
ings. 



Powers vest- 
ed in the com- 
pany. 



Contracts. 



Liabilities of 
stock ho 1 ders 
in case of fail- 
ure to pay in- 
stalments. 



majority of votes given at any general or called meeting. The 
Pre.sident, with any four or more of the Directors, or, in the event 
of the absence of the President, any five or more of the Directors, 
who, in such case, shall appoint one of their body President pro tern- 
pore, shall constitute a Board for the transaction of business. In 
case of a vacancy in the office of President, or any Director, by 
death or otherwise, the vacancy may be filled by appointment of 
the Board until the next annual meeting, 

V. That at every meeting of the stockholders each member shall 
be entitled to one vote for each and every share held by him, to be 
given by the stockholder in person, or by his proxy, in all elections, 
and upon all matters to be submitted to the decision of the com- 
pany ; and to constitute a meeting of the stockholders, a majority 
of all the shares shall be represented by the stockholders them- 
selves, or by his, her or their proxy or proxies, and if a sufficient 
number do not appear on the day appointed, those that do attend 
shall have power to adjourn from time to time, until a regular 
meeting shall be formed. 

VI. That a special meeting of the company may be called by 
the President, or a majority of the Directors, or whenever ten mem- 
bers or more, owning together one hundred shares, shall require it. 

VII. That the President and Directors of the said company shall 
be, and they are hereby, vested with all the rights and powers 
necessary for the construction, repairing and maintaining of a rail- 
road, with one or more tracks, to be used with steam, animal, or 
other power, which road shall extend from some point on the Char- 
lotte and South Carolina Railroad to Yorkville, and may use any 
section of the road constructed by them, before the whole of said 
road may have been completed, and the said President and Direc- 
tors may cause to be constructed, for the said company, all works 
whatever, which may be deemed necessary and expedient, and 
liecessary for the successful and proper completion of the said' rail- 
road. They may appoint a Secretary and Treasurer and other offi- 
cers, and take from them bonds and security for the faithful perform- 
ance of their duty, which said bonds shall be made payable to the 
said company, but the compensation shall be regulated by the stock- 
holders in general meeting. 

VIII. That all contracts or agreements authenticated by the 
President and Secretary shall be binding on the company without a 
seal; or such a mode of authentication may be used as the Board 
of Directors may adopt. 

IX. That if any of the stockholders shall fail to pay the instal- 
ments required of him on his share or shares, by the President and 
Directors, or a majority of them, within one month after the same 
shall have been required, it shall and may be lawful for the Presi- 
dent and Directors, or a majority of them, to sell at public auction, 
and convey to the purchaser, the share or shares of such stockholder 
so failing or refusing, giving twenty days' notice of the time and 
place of sale; and after retaining the sum, and all the expenses in- 
cident to the sale out of the proceeds, shall pay the surplus to the 
former owner or his legal representative or assignees, and any pur- 
chaser of the stock of the company, under the sale of the President 
and Directors, as aforesaid, shall be subject to the same rules and 



OF SOUTH CAROLINA. 83 

regulations as the former proprietor, and no sale by the original '^- ^- i^^i- 
proprietor of stocks, or his assignees, shall release the original joro- ^~ y~^ 
prietor from his original obligations to the company to pay the 
whole amount of his subscription. And in addition to the fore- 
going remedy, the President and Directors may proceed by action 
of debt or assumpsit, in any of the courts of law in this State, for 
the recovery of the instalments due, and not paid by any delinquent 
stockholder or his assignee who shall not pay the same on requisi- 
tion made in manner and form aforesaid. 

X. That if the capital stock of the company shall be found in- Increaseof 
sufficient for the purposes for which said company is formed or in- °''*'^'''* 
corporated, it shall and may be lawful for said company, at some 

general meeting, by a vote of the stockholders, from time to time, 
to increase the capital stock to an amount not exceeding three hun- 
dred thousand dollars, by the addition of as many shares as maybe 
necessary for that purpose, in the same way and manner as the 
original stock is directed to be raised. 

XI. That the President and Directors shall have power to borrow Powertobor- 
money for the objects of this Act, to issue certificates, or other evi- su^certmTates^ 
dence of such loans, and to make the same convertible into the ^'^■ 

stock of the company, at the pleasure of the holders : Provided, 
That the capital stock shall not be thereby increased to an amount 
exceeding three hundred thousand dollars. 

XII. That the President and Directors shall, at every annual Annual re- 
meeting of the stockholders, make a report of their proceedings and i"^'"'^- 
disbursements of money. 

XIII. The said company may purchase, hold, sell, lease and con- Privilege to 
vey, and acquire by gift or devise, estates, real, personal and mixed, vey estates?°° 
which may be necessary for the said road, or the appurtenances 

thereof, or for the erection of depositories, store houses, houses for 
its officers, agents and servants, or for work shops, or for procuring 
stone or other materials necessary for the construction or repair of 
said road, or for effecting transportation thereon, and for no other 
purpose whatever. 

XIV. That the said President and Directors, their officers, agents Authority 
and servants, shall have full power and authority to enter upon all landsXr road.^ 
lands and tenements through which they may desire to conduct 

their railroad, and to lay out the same according to their pleasure ; 
and when any lands or rights of way may be required by the said commission- 
company for the purpose of constructing the said road, and, for want ers to set valu- 
of agreement as to the value thereof, or from any other cause, the '*'^^°'^ on land, 
same cannot be purchased from the owner or owners, the same may 
be taken at a valuation to be made by five Commissioners, or a ma- Appointment 
jority of them, to be appointed by any court of record having law sioners." 
jurisdiction in the District; and the said Commissioners, before they 
act, shall severally take an oath before some Magistrate, faithfully 
and impartially to discharge the duty assigned them, and in making 
the said valuation, the said Commissioners shall take into consider- 
ation the damage which may accrue to the owner or owners, in con- 
sequence of the land being taken, or the right of way surrendered, 
and also the benefit and advantage he, she, or they may receive 
from the construction of the railroad, and shall state particularly 
the nature and amount of each, and the excess of loss or damage, 



peal. 



84 STATUTES AT LARGE 

A. D. 18.51. over and above the benefit and advanta;:je, shall form the measure 
^"■""^^"^^ of valuation of the said land or right of way ; the proceedings of 
of ^C(MiimWV?fl ^^^ ^^'^ Commissioners, accompanied with a description of the land, 
to be lecoided. or right of Way, to be returned to the court from which the corn- 
Right to ap- mission issued, and be recorded. In .case either party shall appeal 
from the valuation to the next sess-ion of the court granting the 
commission, and give fifteen days' notice to the opposite party of 
such appeal, the court shall order a new valuation to be made by a 
jury, who shall be charged therewith in the same term, or as soon 
as practical^le, and their verdict shall be final and conclusive be- 
tween the parties, unless a new trial shall be granted, and the land 
or right of way, so valued by the Commissioners or jury, shall vest 
in the said company, in fee simple, so soon as the valuation may be 
paid or tendered. When there shall be an appeal from the valuation 
of the Commissioners, the same shall not prevent the works intended 
to be constructed from proceeding, but when the appeal is made by 
the company requiring the surrender, they shall be at liberty to 
proceed in their work on condition of giving the opposite party a 
bond witli good security, in a penalty equal to double the said valu- 
ation, conditioned for the payment of the said valuation and interest, 
in case the same may be sustained, and in case it be reversed, for 
the payment of the valuation thereafter to be made by the jury, and 
confirmed by the court. 
Privilege XV. In the absence of any contract or contracts with the said 
inndm'aTsence Company in relation to land through which the said road may pass, 
of contracts, signed by the owner thereof, or his agent or any person in possession 
thereof, which may be confirmed by the owner thereof, it shall be 
presumed that the land on which the road may be constructed, 
together with the space of sixty-five feet on each side of the centre 
of said road, has been granted to the said company, by the owner or 
owners thereof, and the said company shall have a good right and 
title thereto, and shall have, hold, and enjoy the same, discharged 
from all prior liens, as long as the same may be used only for the 
purposes of the said road, and no longer, unless the person or per- 
sons owning the said lands at the time the part of the said road 
which may be on the said land was finished, or those claiming under 
hicn or them, shall apply for an assessment of the value oi said land, 
as hereinbefore directed, within two years after the said part was 
tion'for assess- ^^'^^^^^ > ^"^ ^'^ case the Said owuer or owners, or those claiming 
uient barred'. Under him, her or them, shall not apply for such assessment within 
two years next after the said work is finished, he, she or they shall 
be forever barred from recovering the said land, or having any 
Proviso. assessment or compensation therefor: Provided, Nothing herein 
contained shall affect the rights of feme coverts or infants until two 
years after tiie removal of their respective disabilities. 
Privilege of XVI. That the said company shall in no case be compelled to 

compniiy as to . i i ^ x- r-t *. .*' • , f» ,. , , • -, ^ 

landrc'iuired. take, by assessment or Commissioners, sixty-hve feet on each side of 
the centre of said road, but may take any less quantity of land of 
any owner or owners, as the President and Directors may consider 
necessary for the purposes of said road, which said quantity the 
said President and Directors shall designate to the saidCommission- 
. ers making the assessment and valuation. 

iiubHc roads?''' XVII. That the said President and Directors shall have the right, 



OF SOUTH CAROLINA. 85 



Proviso. 



when necessary, to conduct the said road across or along any public ^^- ^- ^'^ '^• 
road : Provided, That the said President and Directors shall not 
obstruct any public road, without constructing another equally as 
good, and as convenient as nuiy be. 

XVIII. That all lands, not heretofore granted to any person, nor Unappropri- 
appropriated by law to the use of the State, witliin sixty-five feet of y'^^l iil" com- 
the centre of said road, shall vest in the comi)any, as soon as the pany. 

line of the said road is definitely laid out through it, and any grant 
thereafter shall be void. 

XIX. That if any person or persons shall intrude upon the said Intrusions 
road, by any manner of use thereof, or of the rights and privileges "P"" road, 
connected therewith, without the permission, or contrary to the will 

of the said company, he, she or they shall forthwith forfeit to the 
said company all the vehicles that may be intruded on the said 
road, and the same be recovered by suit at law, and the person or 
persons so intruding may also be indicted for misdeiueauor, and, 
upon conviction, be fined and imprisoned, by any court of compe- 
tent jurisdiction. 

XX. If any person shall wilfully and maliciously destroy, or in Liability for 
any manner hurt, damage or obstruct, or shall wilfully cause or aid, 

or assist or counsel or advise any other person to destroy, or in any 
manner to hurt, damage, injure or obstruct said railroad, or any 
vehicle used for or in transportation thereon, such person or persons 
so offending shall be liable to be indicted therefor, and, on convic- 
tion, shall be imprisoned not more than twelve months, nor less than 
one month, and pay a fine not exceeding one thousand dollars, nor 
less than one hundred dollars, at the discretion of the court before 
which such conviction shall take place, and shall be further liable 
to pay all the expenses of repairing the same; and it shall not be 
competent for any person so offending to defend himself by giving 
in evidence that he was the owner, or the agent, or the servant of 
the owner of the said land, where such destruction, hurt, damage, 
injury or obstruction was done or caused, at the time it was done or 
caused. 

XXI. That every obstruction to the safe and free passage of Abatement 
vehicles on the said road shall be deemed a pul)lic nuisance, and '^^ mnsanecs. 
may be abated as such, by any officer, agent, or servant of said com- 
pany ; and the person or'persons causing such obstructions may be 

indicted and punished for erecting a public nuisance. 

XXII. That it shall be lawful for the said President and Direct- Transporta- 
ors to transport, by their officers or aijents, or by contractors under !'?rI^?,l]['*''L*?"^' 
them, persons and property on said railroad, and they shall have 

power to charge for transportation of persons, goods, produce, mer- 
chandise, and other articles, and for transportation of the mail, any 
sum not exceeding the following rates, to wit: On persons, not ex- 
ceeding ten cents per mile for each person, unless the distance which 
any person may be conveyed be less than ten miles, in which case 
the President and Directors may be entitled to make an extra 
charge of fifty cents, for taking up and putting down each person 
so conveyed; for the transportation of goods, produce, merchandise, 
and other articles, not excelling fifty cents per hundred pounds, on 
heavy articles, and twenty cents |)er cubic foot on articles of meas- 
urement; and for the transportation of the mail, such sums as they 



86 STATUTES AT LARGE 

A. D. 1851. luay agree for witli the agent of the United States. The said Presi- 

^"■""■v""^ dent and Directors shall have power to take, at the storehouses they 

Coinpcnsii- jj-j.^y establish, all ffoods, wares, merchandise and produce intended 

tion lor store- ^ J '.^ m.i i (•••ii i 

a};c. for transportation, prescribe the rules oi priority, and charge and 

receive such just and reasonable compensation for storage as they, 
by rules, may establish, which they shall cause to be published, or 
as may be fixed by agreement with the owner, which may be dis- 
Proviso. tinct from the rates of transportation : Provided, That the said 
company shall not charge or receive storage on goods, wares, mer- 
chandise, or produce, which may be delivered to them, at their 
regular depositories, for immediate transportation, and which the 
company may have the power of transporting immediately. 
Certificates of XXIII. That the President and Directors shall cause to be writ- 
stock, ten or printed, certificates of the shares of the stock in said com- 
j)any, and shall deliver one such certificate, signed by the President, 
and countersigned by the Treasurer, to each stockholder, for the 
Certificates number of shares subscribed by him. The certificate shall be trans- 
transferable, ferable, subject, however, to all payments due, or to become due 
thereon; and any person acquiring, by purchase or otherwise, any 
such stock, having first caused the transfer or assignment to be 
entered in a book of the company, to be kept for that purpose, shall 
thenceforth become a member of the company aforesaid, and shall 
be liable to pay all sums due, or to become due, upon the stock 
assigned to him. 
Exemptions XXIV. That the following officers and persons, in the actual ser- 
cfut'y. ™' '"^''^ vice of the said company, be, and are hereby, exempted from the 
performance of jury and ordinary military duty, to wit: The Pre- 
sident of the road, the Chief and Assistant Engineers, the Secre- 
taries, Auditors, Accountants, Keepers of the Depositories, Guards 
stationed at the road, to protect it from injury, (not exceeding one 
man for every five miles,) and such persons as may be working the 
locomotive engines, and traveling with cars, for the purpose of at- 
tending to the transportation of goods, produce and passengers, on 
the road, not exceeding one engineer and his assistant to each loco- 
motive engine, and one person to each passenger car, and pne to 
every five freight cars. 
cSrYe'r-w ^XV. That the charter heretofore granted to the King's Moun- 
far binding. tain Railroad Company shall continue of force, except in so far as 
it may be repugnant to the provisions of this Act. 
Acttobegiv- XXVI. That this Act shall be regarded as a public Act, and 

€11 in gvicIghcg • • • • 

may be given in evidence as such, in all cases, without being speci- 
ally pleaded. 
Special priv- XXVII. That this charter shall in nowise be subject to the pro- 

'^^^^" visions of the forty-first Section of the Act of the General Assembly 

of this State, i)assed on the seventeenth day of December, Anno 
Domini one thousand eight hundred and forty-one, entitled " An 
Act to incorporate certain villages, societies and companies, and to 
renew and amend certain charters heretofore granted, and to estab- 
lish the principles on which charters of incorporation will hereafter 
be granted." 
Subscriptions XXVIII. That an agreement to take and subscribe stock in said 

to stock. com{)any, evidenced by any note or memorandum in writing, signed 

by the party to be charged, or by some one for him, her or them. 



OF SOUTH CAROLINA. 87 

and stating the number of shares intended to be subscribed for, ^- '^- i*^''- 

shall be held and taken to be a good and valid subscri])tion, and ^— — y^^-' 
may be enforced by action in any Court of law in this State, any 
law, usage or custom to the contrary notwithstanding. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eiglit hundred and fifty-one, and in 
the seventy-sixth year of the sovereignty and indepei*dence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Incorporate the Charleston Floating Dry No. 4045. 
Dock ani> Marine Railway Company. 

I. Be it enacted by the Senate and House of Rejiresentatives of (•lause"'^"'''^*'"" 
the State of South Carolina, now met and sitting in General Assem- 
bly, and by the authority of the same. That M. C. Mordecai, John 

Y. Stock, Joseph Prevost and William B. Heriot, and their associ- 
ates and successors, are hereby made and created a body politic and 
corporate in law, by the name of the Charleston Floating Dry 
Dock and Marine Railway Company, for the purpose of docking 
and taking up ships or vessels ; also for according facilities for the 
unloading and loading of vessels, and the landing, storing and ship- 
ping of merchandise and produce, and for the transaction of such 
business as may be incidentally connected therewith, and may con- 
struct, use and employ all docks, railways and other works which 
may be required in such branches of business. 

II. The capital stock of the said company shall be one hundred Capital stock. 
thousand dollars, with the privilege of increasing the same to any 

sum not exceeding one hundred and twenty-five thousand dollars. 

III. The said company may retain, possess and enjoy all such jii;poge°of re"ai 
property, real and personal, as they may now be possessed of, or be and personal 
entitled to, or which they may hereafter acquire, by purchase or P™P^i"ty- 
otherwise, and to sell, alien or transfer the same, or any part thereof: 
Provided, That the clear yearly income of the real estate so held, Proviso. 

or to be held, shall not at any time exceed the sum of ten thousand 
dollars, 

IV. The .*aid company, by its said corporate name, may sue and Legal privi- 
be sued, implead and be impleaded, answer and be answered unto, ^^^^' 

in all the Courts of law and equity in this State, and may have and 

use a common seal, and make such by-laws for their regulation and Rules and 

government as the}^ shall see fit, with full power to enforce the due 

observance thereof upon their members: Provided, That said by- Proviso. 

laws are not inconsistent with the Constitution and laws of the 

United States and of this Stale. 

V. The afi'airs of the said company shall be managed and con- ^Of the offi- 
ducted by a Board, consisting of a President and four Directors, 

who shall be elected annually by the stockholders, from among 
themselves, on the fourth Tuesday in January in each and every 



tion. 



88 STATUTES AT LARGE 

A. D. 1851. year, or as soon thereafter as practicable, and the President and 

""■""v""' Directors so elected shall continue in ofHee until a new election shall 

take place. Five days' previous notice of such election shall be 

given by advertisement in at least two of the gazettes published in 

the city of Charleston. 

Annual meet- VI. There shall be an anuual meeting of the stockholders held 

"'=*• on the fourth Tuesday in January in each and every year, at which 

the Board of Directors shall submit a statement of the affairs of the 

company, subscribed and sworn to by the Treasurer. 

Division of \11. The said capital stock shall be divided into shares of such 

shares? '"'^^ value as the Stockholders shall, by their by-laws, limit and prescribe; 

Company to but the Said company shall not go into operation until the said cap- 

8.0 into opera- jfal stock, to the amount of at least one hundred thousand dollars, 

has been paid in in cash, and an oath or affirmation thereof shall 

have been made and subscribed by the said President, Treasurer, 

and a majority of the Board of Directors, which shall be lodged 

and recorded in the Secretary of State's office, and be published in 

at least two respectable newspapers in the city of Charleston. 

Capjtaistock VIII. The Said capital stock shall be deemed personal estate, and 

be transferable upon the books of the said corporation, according 

to such by-laws as may be made by the stockholders in regard 

thereto. 

,. , .,P?^!^^ """^^ IX. No part of the said capital stock shall, at any time, or upon 
any pretence, be withdrawn by, or divided amongst, the stockhold- 
ers, until all the debts and liabilities of the said corporation shall 
have been fully paid off and discharged. 
Limit of X. This Act shall be deemed a public Act, and shall continue 
and be in force for twenty-one years, and no longer. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and in 
the seventy-sixth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



transferable. 



charter. 



No. 4046. AN ACT to Suspend the Election of Members of Congress 
FROM THIS State until the Number of Representatives 

TO WHICH THIS StATE SHALL BE ENTITLED, UNDER THE LAST 

Census, shall be ascertained. 

ciau^e^"'^*^^'"" ^^ '^^ enodeci by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That so much of all Acts or parts of Acts of the General 
Assembly of this State as direct the elections of members of the 
House of Representatives of the United States from this State, to 
be held at the same time as the elections of members of the State 
Legislature, be, and the same are hereby, suspended ; and the Man- 
agers of Elections, at the next general election in this State, are 
hereby directed and required not to open polls for the election of 



OF SOUTH CAROLINA. 89 

Representatives in Congress: Provided, hoivever, That nothmg her em A. D. 1«')1. 
contained shall be construed to ])rcvent the Executive from issuing ^'^"^ ^ 
writs of election for members of Congress to fill vacancies occa- I'roviso. 
sioned by death, resignation or other causes, as now provided for by 
law. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and in 
the seventy-sixth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Divide Beat Company Number Seven, attached No. 4047, 
TO THE Seventh Regiment of Infantry of South Caro- 
lina Militia, into Two Companies, and for other pur- 
poses. 

I. iJe i7 e/iae^ecZ by the Senate and House of Representatives, now Enacting 
met and sitting in General Assembly, and by the authority of the 

same, That Beat Company number seven, attached to the Sixteenth 
Regiment of South Carolina INIilitia, be divided into two companies, 
to be called number seven and number eight; the boundaries of of BcaTlSo":^^ 
Beat Company number seven to be as follows, to wit : North, by 
the line dividing the Parish of St. Philip's and St. Michael's from 
the Parishes of St. James' Goose Creek and St. Andrew's ; east by 
Cooper River ; south by a line through the centre of Calhoun 
street; west by a line through the centre of King street to its junc- 
tion with Meeting street, thence by a line through the centre of the 
main road to the north boundary line. The boundaries of Beat Boundaries 
Company number eight to be as follows, to wit: North by the line of Beat No. 8. 
dividing the Parish of St. Philip and St. Michael from the Parish 
of St. James' Goose Creek and St. Andrew's ; east by a line through 
the centre of King street to its junction with Meeting street, thence 
by a line through the centre of the main road to the north bound- 
ary line ; south by a line through the centre of Calhoun street ; 
west by Ashley River. That Beat Company number seven nhall To what bat- 
be attached to the First Battalion of said Regiment, and Beat Com- ^.j,'"*"* attach- 
pany number eight to the Second Battalion of the same. That 
each officer of Beat Company number seven now in commission Rank of offi- 
shall retain his rank and command, and that the commanding ofiicer '^°'"'^* 
of the said Regiment be authorized to issue orders for an election 
for commissioned officers of Beat Company number eight, and pro- 
ceed forthwith to organize such company. 

II. That every person subject to militia duty, removing from one Bemovals 
beat to another, in the Sixteenth Regiment of Infantry, South Caro- fj'lx'iiSrtca. ^"^ 
lina Militia, shall report himself within thirty days after his removal, 

to the officer commanding the beat from which he removed, and to 
the officer commanding the beat to which he has removed, or be 



90 STATUTES AT LARGE 

A. D. I80I. fined five dollars, besides being liable for default of duty in the beat 

^~ — V from wliich he has removed. 

Theciiitics of HI. Thtit each company clerk of the Sixteenth Regiment of lu- 
*Jje compiiny fjiQtry, South Carolina Militia, now authorized to take a census of 
to census. ' the number of persons within his beat, liable to the performance of 
militia duty, shall be, and is hereby, authorized and required to de- 
maud the name or names of each and every householder, or person 
or persons, so resident therein, and to inquire into his or their lia- 
bility to perform such duty, iu his beat; and if any householder, or 
person or persons, residing in such beat, shall fail or refuse to satisfy 
the necessary inquiries of said clerk, touching his or their liability 
to be enrolled as a militia man, such householder, or other resident, 
shall forfeit and pay the sum of ten dollars, to be sued for and re- 
covered before any one Justice of the Peace or Magistrate, which 
penalty shall be paid into the hands of the Paymaster of the Six- 
teenth Regiment. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and in 
the seventy-sixth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4048. AN ACT to Incorporate the Wofford College. 

Enacting I. i?e ii euac^ec? by the Senate and Housc of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That Dr. W. M. Wightman, 11. A. C. Walker, Whatcoat A. 
Gamewell, Charles Betts, James Stacy, Tracey R. Walsh, Henry 
H. Durant, A. M. Shipp, J. Wofford Tucker, Simpson Bobo, Har- 
vey Wofford, E. C. Leitner and Clough Beard, and their successors 
in office, be, and they are hereby, created and constituted a body 
politic and corporate, by the name and style of " The Trustees of 
WoflTord College," a seminary of learning, situated in the town of 
Spartanburg, in the State of South Carolina, and as such, and by 
the said name of the Trustees of Wofford College, shall be capable 
and liable, iu law and equity, to sue and be sued, to plead and be 
impleaded, to use a common seal, and to make such by-laws and 
rules for the regulation and government of said college as they may 

Proviso. deem necessary : Provided, Said by-laws and rules be not repugnant 
to the Constitution and laws of this State or of the United States. 

Oftlieofficers. H- That the said Board of Trustees are, and shall be, authorized 
to appoint such officers as they may think necessary and proper for 
the organization and government of their own body, and also all 
the officers, professors, tutors and instructors of and in said college, 
and to remove the same at pleasure, and to exercise such general 
control and supervision over the officers, instructors, affairs and 
government of said college as they may deem advisable, 
grees. ^"^^"^ HI. That the said Board of Trustees shall have power and au- 



OF SOUTH CAROLINA. 91 

thority to confer aud award all such distinctions, honors, licenses -'^- ^- ^^''^• 
and degrees as are usually conferred and awarded in ct)lleges and """^v-"— ' 
universities of the United States. 

IV. That the said Trustees and their successors shall have and Trustees to 
hold all the estate, property and funds now belonging to said col- tate, .fee!* ^^' 
lege, and all property, funds, money, donations, legacies and devises 

which may hereafter be granted, conveyed, bequeathed and devised 

or given to said college, in trust, nevertheless, for the use and benefit 

of said college. And tlie said Trustees shall make an annual report 

to the South Carolina Annual Conference of all racuieys received To make an- 

and expended by them for the term of the preceding fiscal year. ""'^' ''"'^"''"• 

V. That the said Trustees shall be appointed or chosen for the Appointment 
term of two years by the " South Carolina Annual Conference," of Trustees. 
now being part of the Methodist Episcopal Church, South, and 

until a new election shall be made at the next regular meeting of 
said Conference, and said Annual Conference shall have power and Vncancies— 
authority to fill all vacancies in said Board of Trustees which shall ^^°"' filled. 
occur by death, resignation or otherwise: Provided, That the said 
Board of Trustees may fill any vacancy occurring by death or other- 
wise, which appointment, so made, shall continue of force until the 
next regular meeting of said Conference. 

VI. This Act shall be deemed and taken to be a public Act, and Term of the 
continue in force for the term of twenty-one years, and from thence 
until the adjournment of the next session of the General Assembly 
thereafter. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and 
in the seventy-sixth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



charter. 



AN ACT TO Punish Placing Obstructions on Railroad No. 4049. 
Tracks, and for other purposes. 

Be it enacted by the Senate and House of Representatives, now Enacting 

met and sitting in General Assembly, and by the authority of the *^^**^^^- 
same, That from and after the passing of this Act, if any person or 
persons shall wilfully and maliciously place, or caused to be placed, 
on the track or other part of the passage way of any railroads, on 
which steam engines or hand cars are used, any timber, stone or 
other obstruction, with intent to injure or impede the passage of 
any cars, or means of conveyance, such person or persons shall 
be deemed guilty of felony, aud on being thereof convicted, by 
due course of law, shall be sentenced as follows: Should such ob- 
struction cause any hurt, maim, or serious personal injurv, to any 
human being, not causing death within a year and a day, the otfeu- 
der shall be sentenced to such fine and imprisonment as the Court 
may impose, and shall be adjudged a felon; and should the death 



92 STATUTES AT LARGE 

A. D. 1851. of any human being result from said impediment within a year and 
^^^>^"^-^ a day, the offender shall be adjudged guilty of felony, and shall 
Proviso. sufi'or death, without benefit of Clergy : Provided, That nothing herein 
shall in any manner take away any right of action for damages for 
injuries, to the person or property of any person or body corporate, 
caused by any injury, obstruction, or damage, done to any railroad 
or its buildings, tracks or constructions. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and 
in the seventy-sixth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4050. AN ACT to Incorporate the Florida Steam Packet 

Company. 

Enacting j_ j^q {( enacted bv the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That John W. Caldwell, and all those persons who now are 
or hereafter may be members of The Florida Steam Packet Com- 
pany, be, and the same are hereby declared, a body politic and cor- 
Styie and title, porate, under the name and style of " The Florida Steam Packet 
Company," and by that title shall have power to take, subscribe 

Capit;ai. and i;;aise a capital stock to the amount of thirty-five thousand 

dollars, with power, also, to increase the said capital to the further 

Proviso. gyjjj Qf thirty-five thousand dollars : Provided, That such increase 
be assented to by a majority in number of the stockholders, who 
shall be notified, in two of the public papers of the city of Charles- 
ton, of a meeting to be held for that purpose. 
Of the ofR- II. That the said The Florida Steam Packet Company shall be 
cers, by-laws, q^]^^ .^^j capable, by its corporate name, to sue and be sued, implead 
and be impleaded, to answer and be answered unto, in any court of 
law or equity in this State, to have succession of oflicers and 
members, and shall have power to make by-laws, not repugnant to 
the laws of the land, for the good order and government of its 
members, as shall be deemed expedient by a majority of its stock- 
holders, and to have a common seal, and to alter and make new 
the same. 

Tcrmofchar- HI. That this Act shall remain and continue of force for the 
term of twenty-one years, and from thence until the expiration of 
the next session of the Legislature, and no longer. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and 
in the seventy-sixth year of the sovereignty and independence 
of the Uuited States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



I 



OF SOUTH CAROLINA. 93 

AN ACT TO Afford Aid ix Constructing the King's a. d. w,\. 
Mountain Railroad. ' '' 

No. 4051. 

I. Be it enacted by the Senate and House of Representatives, 

now met and sitting in General Assembly, and by the authority of Comptroller 
the same, That the Comptroller General is hereby authorized to f'eno.ral to sub- 

1 .11 /• /• !• . 1 1 1 11 . I -i I i I c s'tTilje to stock, 

subscribe the sum or nrty thousand dollars to the capital stock or ac. 
the King's Mountain Railroad Company, to be paid in the stock 
held by the State in the South Carolina Railroad Company, equal, 
at its par value, to the said sum ; and that he take, in the name of 
the State, a certificate from the said company, for that amount of 
stock, which said stock shall be accepted by the said King's Moun- 
tain Railroad Company, for the said amount, without any recourse 
whatever against the State. 

II. The subscription shall be paid in the manner hereinafter men- Subscriptions, 
tioued, and shall be subject to the terms and conditions hereinafter how paid. 
expressed. 

III. Whenever satisfactory proof shall be produced to the Comp- 
troller General that the sum of one hundred and fifty thousand 
dollars shall have been subscribed by stockholders, other than the 
State, and that the sum of twenty-five thousand dollars shall have 
been paid in by the stockholders and expended in the construction 
of the said road, the Comptroller General shall transfer and deliver 
to said company so much of the stock of the State in the South 
Carolina Railroad Company as shall amount, at its par value, to 
twenty-five thousand dollars; and whenever similar proofs shall be 
produced to the Comf)troller General that twelve thousand five hun- 
dred dollars more shall have been paid in and expended as aforesaid, 
the Comptroller General shall transfer and deliver twelve thousand 
five hundred dollars more of the said stock; and in the same manner 
the remaining subscription of twelve thousand five hundred dollars 
shall be paid to the said company when the road shall be finished 
to Yorkvilie, and be in operation. 

IV. The State shall in no way whatever be liable for the debts State not lia- 
and contracts of the said King's Mountain Railroad Company. &c. *" ^ ®' 

Y. The State shall have the same rights in the company, and in Eights and 
its management, as is reserved to private stockholders, and the f^g^g^^^^'^e^ °^ 
General Assembly shall, at any time, have a right to examine into 
the condition of the company, and the company shall annually sub- 
mit to the Legislature a report exhibiting its condition and prospects. 

VI. In case any of the payments made by the State shall be in State to hare 
advance of the calls upon the private stockholders, the State shall Je "ty m'a ^er- 
have a lieu upon the whole property of the company to secure the tain case, 
same unto the State. 

VII. An irrevocable condition is hereby imposed on said com- Trrevocable 
pany,that it shall so locate its road as to form a junction with the 
Charlotte and Columbia Railroad at Chesterville. 

In the Senate House, the sixteenth day of December, in the year 
> of our Lord one thousand eight hundred and fifty-one, and 

in the seventy-sixth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



94 STATUTES AT LARGE 

A. D. 1851. AN ACT TO Alter the Times for Holding the Courts of 
^^"""Y- — ' General Sessions and Common Pleas for the Districts 

No. 4052. of Barnwell, Beaufort, Colleton, Charleston and 

Orangeburg. 

Enacting I. Be it enacted by the Senate and House of Representatives, now 

clause. ^^^ ^^^ sitting in General Assembly, and by the authority of the 

same, That from and after the passing of this Act the several Courts 

of Common Pleas and General Sessions for the following Districts, 

Courts whciito ^^^- Barnwell, Beaufort, Colleton and Orangeburg, shall hereafter 

beheld. be held at the times and places, and for the terms following, that is 

to say: At Barnwell Court, for the District of Barnwell, on the 

third Monday in March and October in each year; at Gillisonville, 

for the District of Beaufort, on the first Monday after the fourth 

Monday in March and October in each year; at Walterboro', for 

Time of sit- the District of Colleton, on the second Monday after the fourth 

ting. Monday in March and October in each year ; and at Orangeburg 

Court House, for the District of Orangeburg, on the third Monday 

after the fourth Monday in March and October in each year; to sit 

in the District of Barnwell for two weeks, and in each other of the 

said Districts for one week at each and every term. 

District" Court" ^^- '^^'^^^ hereafter the Courts of Common"Pleas and General Ses- 

— when held! sions for the District o*" Charleston shall be held on the second 

amUimeofsit- j^Jo^day in March in every year, to sit for six weeks. 

° , ni. That all writs and processes which shall have been made re- 

JrrOCGSSGS flTlU. ^ 

writs returna- turnable to the court of any of the said Districts according to the 
^^^' laws now of force, shall be legal and valid to all intents and pur- 

poses for the courts next to be held for the said Districts respectively, 
Jurors and according to the provisions of this Act; and all persons already 
witnesses. summoned, or who may hereafter be summoned, to attend the courts 
of any of the said Districts, as jurors or witnesses, or who are now, 
or shall hereafter be bound in recognizance to appear at any of the 
said courts according to the laws now of force, shall be, and are 
hereby, required to attend or appear at the courts of the said Dis- 
tricts respectively, next to be held, according to the provisions of 
this Act. 
si?in*<^^^Jud-e ^^ • That the presiding Judge at the said court at Barnwell, next 
inregardto ju- to be held, according to the provisions of this Act, be, and he is 
weTi Court.'""" hereby, authorized and required, on the first day cf said term, to 
cause to be drawn, in the manner prescribed by law, the names of 
■ forty-'eight persons, to serve as Petit and Common Pleas Jurors, for 
the second week of the said term ; and the said Petit and Common 
Pleas Jurors shall be summoned and impannelled in like manner, 
and be subject to like penalties for non-attendance as Petit and 
Common Pleas Jurors now are. 

In th& Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and 
in the seventy-sixth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



OF SOUTH CAROLINA. 95 

AN ACT TO Amend the Charter of the Village of Ab- ^^- ^- i^^L 

BEVILLE. ""■ v^— ' 

No. 4053. 

I. Be it enacted by the Senate and House of Representatives, now charter 
met and sitting in General Assembly, and by the authority of the amtiHied. 
same, That the following provisions become parts of the charter of 
tiie village of Abbeville, and that the Act incorporating the said 
village, and all other laws repugnant thereto, be altered in conform- 
ity tlierewith, to wit: First. The limits of their incorporation may 
be extended by the Town Council of Abbeville, according to lines 
which they shall designate before the first Monday of September 
next: Frovided, That no point, within the limits to be designated, Proviso. 
shall be more than two miles, or less than three-fourths of a mile, 
from the court house in the said village, and that no place what- 
ever, within the present limits, shall be excluded from th(jse to be 
designated. 

n. The said Town Council shall have full power, before the first . Town Coun- 
Monday of September next, to lay off within the limits to be desig- streets, &c. 
nated, as aforesaid, all the streets, alleys, lanes and roads, which to 
them may seem needful for the public convenience: Provided, Proviso. 
That without the consent of the owner, no house, nor any ground 
enclosed and used for a yard, or a garden, shall be interfered with; 
and that only corners and edges of the jail lot shall be thrown into 
a street, and that not without the consent of the Commissioners of 
Public Buildings for Abbeville District. The streets, alleys, lanes The Council 
and roads, which mav be so laid off, the said Council shall have to "pen and im- 

. "i 11 • /• 1 • prove streets. 

power at any time, and all tmies afterwards, to open, improve, con- 
struct and repair at pleasure, not being bound to open any particu- 
lar one that may have been laid off, until they shall deem the open- 
ing thereof useful. 

in. A plan of the said village, made after accurate survey, and Further du- 
showing the lines designated for the limits, and all the streets, alleys, ties of Council, 
lanes and roads that may have been laid off, as aforesaid, shall be 
kept by the said Council, and a copy thereof be left and recorded in 
the office of the Register of Mesne Conveyance for Abbeville Dis- 
trict ; and any street, alley, lane or road now existing within the 
said limits, which, by the said plan may not appear to have been 
laid off as aforesaid, may be discontinued and shut up by the per- 
mission of the said Council. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and 
in the seventy-sixth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



96 STATUTES AT LARGE 

A. D. 1851. AN ACT TO Incorporate the " Calhoun Loan and Build- 
^-""Y ' iNG Association." 

No. 4054. 

Enacting L Be it enacted by the Seuate and House of Representatives, now 

clause. jjjg{_ jjjjfi sitting in General Assembly, and by the authority of the 

same, That William M. Martin, A. C. Smith, Sanders L. Glover, 
L. T. Potter, William Lebby and William E. Martin, together with 
other persons, who now are, or hereafter may be associated with 
them, be, and they are hereby, declared a body politic and corpo- 
rate, for the purpose of making loans of money, secured by mort- 
gages of real estate and personal property, to their members and 
Title. stockholders, by the name and style of "The Calhoun Loan and 

Building Association," the capital stock of which shall consist of 

— how*^paidTn! 0"^ thousand five hundred shares, to be paid in by successive 

&e. monthly instalments of one dollar on each share so long as the cor- 

poration shall continue, the said shares to be held, transferred, 
assigned and pledged, and the holders thereof to be subject to such 
fines and forfeitures, for defaults in their payments, according to 
such regulations as may be prescribed by the laws of said corpora- 
tion. 
Officers. II. That the said corporation shall have such number and suc- 

cession of officers and members as shall be ordained and chosen 
according to the rules and by-laws made, or to be made by them, for 
_ Powers and their government, and shall have power and authority to make any 

privileges. ^^^j^ rules and 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 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. 
Funds— hoAY HI. That the funds of said corporation shall be loaned and ad- 

°^^^^ ' vanced to the members and stockholders upon the security of real 

and personal estate, in such mode, on such terms, and under such 
conditions, and subject to such regulations as may from time to time 
be prescribed by the by-laws of said corporation ; and that it shall 

Power to hold and maybe lawful for the said corporation to hold such lands, tene- 

curity! ^'^^ ^'^ ments and hereditaments, and personal property as shall have been 
bona fide mortgaged or conveyed to it, by Avay of security, upon its 
loans or advances, and purchase at sales thereof, made according to 
law, upon judgments or decrees, at law or equity, for the recovery of 
their debts ; and to sell, alien or otherwise dispose of the same, as 
they from time to time may deem expedient. 
Funds— ad- IV. That whenever it should so occur that the funds of the said 

siou°"*' '^'"°^'^" corporation shall remain unproductive and uncalled for, for the 
space of two months, the corporation shall and may loan what may 
be on hand, to others than stockholders and members, if it be safely 
invested, and repaid within one year, at the rate of seven per cent. 
Limitation of V. That whenever the funds of the said corporation shall 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 property 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 



OF SOUTH CAROLINA. 97 

made, then this corporation shall cease and determine; and that ^•^- ^'^■''^• 
this Act bhall be taken and deemed a public Act, so held, and judi- <' 

cially taken notice of as such, and that the same may be given in 
evidence without special pleading. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and 
in theseveuty-sixth year of the sovereignty and independence 
of the United States of America. 

KOBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Permit Cunningham H. S. McClenaghan and No. 4055. 
George Hopkinson, Aliens, to Apply for Admission to 
Practice in the Courts of Law and Equity in this 
State. 

Be it enacted by the Senate and House of Representatives, now Enacting 

met and sitting in General Assembly, and by the authority of the 
same, That it may be lawful for Cunningham H. S. McClenaghan 
and George Hopkinson, who have signified their intention to become 
citizens of the United States, to be admitted to practice in the 
Courts of law and equity of this State, on the same conditions as 
are required of other applicants : Provided, That they shall have 
first taken the oath of allegiance to this State: And provided, That Proviso, 
they become denizens under the Act of this State before being: ad- 
mitted to practice. 

In the Senate House, the sixteetnh day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and in 
the seventy-sixth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Charter the Pendleton Railroad Company. No. 4056. 

I. Be it enacted by the Senate and House of Representatives, now ^ Enacting 
met and sitting in General Assembly, and by the authority of the 

same, That the formation of a corporate comj)any is hereby au- 
thorized, for the construction of a railroad from Pendleton village, 
on the most practicable route, to such point on the Greenville and 
Columbia Railroad as may be agreed on between the company 
hereby incorporated and the Greenville and Columbia Railroad 
Company. 

II. That the stock of the company hereby authorized shall con- Capital stock, 
sist of five thousand shares, of twenty dollars each, but the said 

VOL. XII — 7 



98 STATUTES AT LARGE 

A. D. 1851. company shall be at liberty to enlarge their said capital to the 
^•"''-Y'^^^ amount of seven thousand five hundred shares, of twenty dollars 
each, as, in the progress of their undertaking, they shall find neces- 
sary, either by additional assessment on the original shares, not to 
exceed, on the whole, the sum of ten dollars each, the terms and 
T , , p conditions of which new subscriptions the company is authorized to 

capital. prescribe ; and it shall ba hiwful for the said company, from time 

to time, to vest so much of their capital, or of their profits, as may 
not be required for immediate use, and until it may be required, in 
public stocks of any bank or other incorporated body, and to draw 
and apply the dividends, and to sell or transfer, as they shall see fit, 
any portion of the stock. 
Subscription III. That the books for subscription of the stock of the said com- 

a)id^~\here P^^Jf hereby authorized, shall be opened at Pendleton village, 

opened. Pickens Court House and West Union, by three Commissioners at 

each place, to wit : J. V. Shanklin, R. A. Maxwell and John T. 
Sloan, at Pendleton village ; W. D. Steele, James A. Doyle and 
William L. Keith, at Pickens Court House ; W. S. Grisham, John 
C. Neville and Jacob Schroder, at West Union ; and the books shall 
be opened at each of the said places on the same day, to wit: the 
first Monday in January next, and be kept open until the second 
Monday in April next, between the hours of 9 o'clock A. M. and 3 
Commission- o'clock P. M. during the said time, notice whereof shall be given by 

tice of "opening each Set of Commissioners, of the times and places of subscribing, 

of books. either by advertising in a gazette, or such other manner as they may 

deem best, for at least ten days previous to the opening of the said 
books. Upon the books being opened individuals may subscribe 
for as many shares as they see proper, paying to the Commissioners, 
at the time of subscription, one dollar on each share subscribed for, 
and the Commissioners shall designate opposite the names of the 
subscribers the day of subscription, the iiumber of shares subscribed, 
and the sums of money paid respectively, and for the sums so paid 
the Commissioners shall give receipts to the individuals paying, and 
Subscription as soon as may be, deposit the n»oney in the Bank of the State of 

dep'osIted^A-e.^ South Carolina, or some of its branches, subject to so much thereof 
as may be refunded to the subscribers upon adjustment, made in 
case of over-subscription, to the joint check of said Commissioners, 
and subject, for the balance, to the check or order of said company, 
through its President and Directors. 
Further du- IV. That wheu the books shall be closed on the last day the 

in1ssioners^°™" Commissioners at each of the places designated respectively, as 
aforesaid, shall transmit to the Commissioners at Pendleton village 
a list of the subscribers, Avith such designations as are contained in 
the subscription books, with a certificate appended thereto, to be 
signed by each of the Commissioners, stating the amount of stock 
taken by each subscriber, and thereupon the Commissioners at Pen- 
dleton village, from all the subscribers, shall prepare a general list, 
and ascertain whether the shares subscribed are equal to the capital 
prescribed for the company. If the number of shares shall exceed 
Reduction of five thousand, the Commissioners at Pendleton village shall reduce 

tion"! ^"■*^''*^''' the shares rateably to that number, except that no subscription of 
five shares or under shall be reduced. If the number of shares 
shall be less than five thousand, the Commissioners at Pendleton 



OF SOUTH CAROLINA. 99 

may keep the books open in that phice until the number of five ^- ^^- 1851. 
thousand shares shall be subscribed. If the number of two thou- ^""-"v-^-^ 
gaud five hundred shares shall be subscribed the said company may iceup'^tiU^botjks 
thereupon be formed, and, when formed and organized, may cause open. 
the books to be opened by the Directors, after sixty days' notice of Condition for 

,1 .. J 1 r 1 • i* 1 • 11 • .• organizing the 

the time and place of subscription, and receive such subscriptions company. 
as can be obtained, and may keep open the books until the whole 
amount of five thousand shares shall be subscribed. And all the Powers vest- 
powers vested by the charter of the Greenville and Columbia Rail- sim'iersi^"'^^*' 
road Company, upon the Commissioners at Greenville, shall be 
vested in the Commissioners of this company at Pendleton village, 
for the purpose of organizing and forming this company. And all ^ The powers 
the powers, rights and privileges granted by the charter of the pauy.*^ "^" 
Greenville and Columbia Railroad Company, to that company, 
shall be, and are hereby, granted to the Pendleton Railroad Com- 
pany, subject to all the conditions therein contained, except as to 
the time of commencing the work, and where said road shall termi- 
nate, which shall be as follows, to wit: The said work shall be com- Commence- 
menced within two years after the said Greenville and Columbia pieUon'of road^ 
Railroad shall have been built to such point as may be selected by 
said company for the said road to Pendleton village to diverge, and 
that the road to Pendleton be completed within five years thereafter; 
but that the stock in said company shall be subscribed uncondition- 
ally. 

V. That the said company may unite with and become a part of Power grant- 
the said Greenville and Columbia Railroad Company, if the two companies'^. 
companies shall agree upon the terras of amalgamation, and all the 
privileges granted by this Act shall, in that event, be assigned to 

and become privileges of the said Greenville and Columbia Rail- 
road Company. 

VI. That any company or companies which may be hereafter Right reserv- 
chartered for the purpose, shall have the right to construct a rail- branche^s?^'^^'''^ 
road or railroads to unite with the railroad by this charter author- 
ized to be constructed, upon fair and equitable terms, to be fixed by 
arbitration, in case the companies interested shall not agree in the 

matter. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and in 
the seventy-sixth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Alter and Amend the Eleventh Section of No. 4057, 
AN Act entitled "An Act to Incorporate certain 
Societies and Companies, and to Revive and Amend 
certain Charters heretofore granted," passed on the 
twentieth day of December, 1850. 

Be it enacted by the honorable the Senate and House of Repre- 
sentatives, now met and sitting in General Assembly, That the 



ment on shares. 



100 STATUTES AT LARGE 

A. D. 1851. Eleventh Section of an Act, passed on the twentieth day of Decem- 

^~"~v-^-' ber, eighteen hundred and fifty, entitled " An Act to incorporate 

amended alter- Certain Societies and companies, and to revive and amend certain 

ing first^pay- charters heretofore granted," be so altered and amended that the 

Commissioners appointed to open the books for subscription for 

plank roads shall receive one dollar on each share of stock of said 

companies, as the first payment thereof, at the time of subscription, 

instead of five dollars, as required by the said Act. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and in 
the seventy-sixth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4058. AN ACT to Fix the Time foe the Meeting of the Con- 
vention, ELECTED UNDER THE AUTHORITY OF AN ACT 
ENTITLED " An AcT TO PROVIDE FOR THE APPOINTMENT 

OF Deputies to a Southern Congress, and to Call a 
Convention of the People of this State," passed in 
the year of our Lord one thousand eight hundred 

AND fifty. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
Meeting of same, That the fourth Monday in April next be, and the same is 
hereby, fixed as the time for the assembling of the Convention of 
the people of this State, provided for and elected under the authority 
of an Act entitled " An Act to provide for the appointment of 
deputies to a Southern Congress, and to call a Convention of the 
people of this State," passed on the twentieth day of December, in 
the year of our Lord one thousand eight hundred and fifty. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and in 
the seventy-sixth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4059. AN ACT to Abolish Brigade Encampments. 

Be it enacted by the Senate and House of Representatives, 

now met and sitting in General Assembly, and by the authority 

Laws repealed, ^f the same, That the militia laws of this State be altered and 

amended so that all Sections and clauses of each and every Act 



OF SOUTH CAROLINA. 101 

of the General Assembly, relating to brigade encampments, and all A. D. 1851. 
Acts heretofore passed, respecting brigade encampments, be, and the ' v ' 
same are hereby, repealed. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and in 
the seventy-sixth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Incorporate " The Charleston Building and No. 4060. 
Loan Association." 

I. Be it enacted by the Senate and House of Representatives, now , Enacting 

CiUUSG 

met and sitting in General Assembly, and by the authority of the 
same. That John H. Honour, W. H. Gilliland, Henry Cobia, 
George H. Walter, George S. Hacker, John Kingman and Thomas 
Y. Simons, Junior, 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 mortgages of real estate to their mem- 
bers and stockholders, by the name and style of "The Charleston Title. 
Building and Loan Association," the capital stock of which shall Capital stock 
consist of two thousand shares, to be paid in by successive monthly r^°^^ p'^'"^ '°' 
instalments of one dollar on each share, so long as the corporation 
shall /ontinue; the said shares to be held, transferred, assigned and 
pledged, and the holders thereof to be subject to such fines and for- 
feitures for defaults in their payments, according to such regulations 
as may be prescribed by the by-laws of said corporation. 

II. That the said corporation shall have such number and sue- Officers. 
cession of officers and members as shall be ordained and chosen ac- 
cording to the rules and by-laws made, or to be made by thera, for 

their government, and shall have power and authority to make any The power to 

such rules and by-laws as are not repugnant to the Constitution and ^^^^ by-laws, 

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 or equity in this State, and shall have and enjoy all 

and every right and privilege incident and belonging to cor})orate 

bodies, according to the laws of the land. 

III. That the funds of said corporation shall be loaned and ad- Funds— how 
vanced to their members and stockholders upon the security of real 

estate, in such mode, "on such terms, and under such conditions, and 

subject to such regulations as may, from time to time, be prescribed ' 

by the by-laws of said corporation, and that it shall aud may be 

lawful for the said corporation to hold such lands tenements and Power to hold 

hereditaments as shall have been bona fide mortgaged or conveyed property. 

to it by way of security upon its loans or advances, and purchase 

at sales thereof, made according to law, upon judgments or decrees 

at law or equity, for the recovery of their debts ; and to sell, alien 



102 



STATUTES AT LARGE 



A. D. 1851. 



or otherwise dispose of the same, as they from time to time may 
deem expedient. 

IV. That whenever it should so occur that the funds of the cor- 
tive^fundT'^"'^ poratiou shall remain unproductive and uncalled for for the space 

of two months, the corporation shall and may loan what may be on 
hand to others than stockholders and members, if it be safely in- 
vested, and repaid within one year, at the rate of seven per cent. 

V. That whenever the funds of the said corporation shall have accu- 
mulated 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 property 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 ; and that this Act shall 
be deemed a public Act, so held and judicially taken notice of as 
such, and that the same may be given in evidence without special 
pleading. 



The power to 



Limitation 
of charter. 



In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and ia 
the seventy-sixth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4061. AN ACT to Empower the Town Council of the Town of 
Cheraw to Sell or Otherwise Dispose of Certain 
Streets, and Parts op Streets, in said Town. 



E n a c t i n! 
clause. 



Streets dis 
continued. 



Town Coun- 
cil to dispose 
of streets dis- 
continued. 



I. Be it enacted by the Senate and House of Representatives, 
now met and sitting in General Assembly, and by the authority of 
the same, That the Town Council of the town of Cheraw be author- 
ized and empowered, and they are hereby authorized and em- 
powered, to discontinue, as public streets, and parts of streets, all 
those streets and parts of streets lying within, and running through, 
that part of the said town of Cheraw, which is bounded toward the 
north by the town line ; toward the west, by Washington street ; 
toward the southeast, by Church street; and toward the east, by the 
river Pee Dee ; which streets and parts of streets hereby authorized 
to be discontinued, are: the whole of Piuckney street ; the whole of 
Laurens street; the whole of Franklin street; that part of New 
street lying between AVashington and Piuckney streets ; that part 
of Kershaw street continued, lying between Washington and Frank- 
lin streets; that part of Market street continued, lying between 
Washington street and the river Pee Dee ; and that part of Water 
street lying between Church street and the line which bounds the 
said town toward the north. 

II. That the said Town Council of the Town of Cheraw are 
hereby authorized and empowered to sell and convey, or otherwise 



OF SOUTH CAROLINA. 103 

dispose of the said streets and parts of streets hereinbefore author- ^- ^- ^^''i- 
ized to be discontinued. ^~"~y-"-^ 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and 
in the seventy-sixth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Incorporate Certain Societies and Companies, No. 40G2. 
AND to Renew and Amend Certain Charters Heretofore 
Granted. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That all free white persons who now are, or hereafter may 
become, members of the f )llowing societies, companies and associa- 
tions, to wit: The Irish Mutual Benevolent Society, of Charleston, Religious and 
Egeria Lodge, No. 71, Ancient Free Masons, the Georgetown Ice other "societies 
House Company, the Trustees of Pageville Academy, the Bluft'ton ^^'^"'"^"'"'^ ^ 
Wharf Company, Presbyterian Church of Williamsburg, Four 

Holes Baptist Church, in Orangeburg District, Moriah Baptist 
Church, in Sumter District, the Vestrvand Wardens of the Church 
of the Holy Apostles, at Barnwell, Walnut Grove Baptist Church, 
in Abbeville District, Bethlehem Church, in the town of Ander- 
son, Trinity Church, Edgefield, Magnolia Lodge, No. 21, Indepen- 
dent Order of Odd Fellows, at Marion Court House, Mountain 
Lodge, No. 15, Independent Order of Odd Fellows, in Greenville 
District, and the Pendleton Hotel Company, the Palmetto Guard, 
the Little River Baptist Church, of Abbeville District, and the 
Hospital for Colored People, Charleston, be, and the same are 
hereby, declared and constituted bodies politic and corporate, by the 
name and style to each above respectively assigned. 

II. The societies, companies and associations aforesaid shall Officers. 
have succession of officers and members, according to their respec- 
tive by-laws, and shall have power, respectively, to make (jy-laws not By-laws, 
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, and to have and enjoy every right incident 

to incorporations. They are hereby respectively empowered to re- Righttohoid 

tain, possess and enjoy all such property, real and personal, as they ""'^ 'Hspose of 

may severally possess or be entitled to, or which shall hereafter be ^^°^^^ ^' 

given, bequeathed to, or in any manner acquired by them, and to 

sell, alien, or transfer the same: Provided, The amount so held Proviso. 

shall in no case exceed the sum of twenty thousand dollars; and the 

Bluffton Wharf Company are hereby empowered to charge such 

moderate wharfage as will enable them to keep their wharf in good 

repair. 

III. That all free white persons having resided six months in the 



104 STATUTES AT LAKGE 

A. D. 1851. village of Frog Le\iel, in Newberry District, are hereby declared to 
""—^^^r—^ be a body politic and corporate, by the name and style of "Frog 
inconwr 11(3(1^^ Level," and its corporate limits shall extend a half mile in each and 
every direction from the railroad depot, now standing in said village. 
Of the In- IV. The said village shall be governed by an Intendant and four 
WaRiens. ^^'^ Wardens, who shall be elected on the second Monday in January 
in every year; the qualifications of voters to be the same, and the 
election conducted in a similar manner, as are prescribed by an Act 
incorporating the village of Newberry, passed on the seventeenth 
. day of December, eighteen hundred and forty-one; and the said In- 

cir powers, ^gjjjj^^f. ^^j Wardens are hereby invested with the power and juris- 
diction of Magistrates, and with the power to regulate and keep up 
patrol within the limits of the said corporation. 
Limitation of V. That the several charters herein granted shall continue in 
charters. force for the term of fourteen yeai's. 

Tiietown of VI. That the Act incorporating the Town of Newberry, together 
chaner'cxtcnd''- with the amendments thereto, be, and the same are hereby, extended 
*^'^- for fourteen years, with all the rights, powers and privileges here- 

tofore granted, subject to the following amendments, limitations 
Taxes. and restrictions, to wit: That in any one year, no tax on the lots, 

lands and buildings within the said corporate limits, shall exceed 
twenty cents ad valorem on every hundred dollars of the value 
thereof, and that the tax on all other property, free persocs of 
color, employments, faculties and professions, in any one year, shall 
not exceed fifty per cent on the State tax levied for the year pre- 
Proviso. ceding: Provided, That no lands or negroes employed exclusively 
for agricultural purposes shall be subject to taxation. 
Taxes— fur- VII. That the Town Council of Newberry shall have power to 

ther provision -, in,, iii • v, i 

relative there- levy and Collect a tax on all pleasure carnages, barouches, ora- 
^^- nibuses, drays, carts and wagons used for hire or public em- 

ployment, within the said corporate limits: Provided, That in any 
one year, no tax on any carriage, barouche, omnibus, dray, cart or 
Town Coun- -wagon shall exceed two dollars; and the said Town Council are 
nualreturn. hereby required to make annual returns of their receipts and ex- 
penditures to the Court of Common Pleas and General Sessions, at 
the Fall Term of each year, in the same manner, and under the 
same penalties, as the several Boards of Commissioners of Public 
Buildings, Roads, and the Poor, are now required by law to do. 
g The town ^of VIII. That the charter of the Town of Barnwell, in Barnwell 
the charter District, in this State, be so amended as to permit and authorize 
amended. ^j^g Town Council of Barnwell, and the same is hereby permitted 

and authorized, to assess and levy an annual tax on each resident 
tax-payer of said town, and also on all non-resident tax-payers, 
owning property in said town, by laying a per ceutage upon the 
general State tax, as now or hereafter fixed by law: Provided, That 
not more than three hundred dollars per annum be assessed and 
levied; and the said Town Council is hereby authorized to appoint 
a tax gatherer to collect the tax imposed by them, under the au- 
thority of this Act. 
Pilasant-i?m- ^^' '^^'^^ ^^^® Corporate limits of the Town of Mount Pleasant be, 
its extended.^ and the same is hereby, extended, by continuing the eastern linfe of 
Whilden street, northwardly, to the bank on which the fence of 
William Lucas no'w stands, and thence to take the line of the said 



OF SOUTPI CAROLINA. 105 

bank until Shem Creek is reached, from which point the said creek ^- P- ^"^"'^j 
and the waters of Charleston harbor to be the boundary. ^ 

X. That the several Acts heretofore passed incorporating "The Religious and 
Roman Catholic C^atliedral of St. Fin bars," "The Trustees of the IIl^'ilS^'^S 
Roman Catholic Church of South Carolina," and " The Roman ncwed. 
Catholic Church of St. Mnry's, Charleston," the "Charleston Light 
Dragoons," and the "Pi-esbyterian Church in Sumterville," be, and 

the same are hereby, renewed and declared of force for the term of 
fourteen years. 

XI. That the name of a company heretofore incorporated by The name of 
the name of the Fire Company of Charleston Neck, be changed, oP Charieston 
and hereafter the said company be known and called by the name Neck changed, 
and style of the "Eagle Fire Eugiue Company, of Charleston, South 
Carolina;" and that the name of the village of Clinton, heretofore The name of 
incorporated by the name and style of Clinton, be changed, and weU*°Distr[ctl 
hereafter the said village be known and called by the name and changed, 
style of Blackville; and the said Fire Engine Company, and the 

said village of Blackville, are hereby invested with the powers and 
privileges, and subject to the restrictions contained in their re- 
spective charters heretofore granted. 

XII. That the name of a Theological Seminary, heretofore in- ^ .-. 
corporated by the name of the Board of Directors of the Theologi- theran Scmin- 
cal Seminary of the Evangelical Lutheran Church of South Carolina, ^^^ changed. 
be changed, and the said religious association shall hereafter be 

known and called by the name and style of "the Classical and 
Theological Semiuary of the Evangelical Lutheran Synod of South 
Carolina and adjacent States ;" and this Act to continue in force 
for the term of fourteen years; and the said religious association is 
hereby invested with all the rights, powers and privileges heretofore 
granted by the Act incorporating the first company. And they 
are further authorized and empowered to hold property, real and 
personal, to an amount not exceeding fifty thousand dollars. 

XIII. That all free white persons who now are, or may become, Religious .^s- 
raembers of the following religious societies and associations, viz: corporate'd. ^°~ 
" The Euhaw Baptist Church," St. Luke's Parish, St. Peter's Lutheran 
Church," near Leesville, Lexington District, be, and the same are 

hereby declared to be, bodies politic and corporate, by the name 
and style to each above respectively assigned, with all the rights, 
powers and privileges as are provided for similar societies in the 
second Section of this Act. 

XIV. That Dr. Juo. S. Reed, M. O. Tolraan, T. Foster Marshall, Educational 

T m iTT-ii- TT T-« 1 AT /-» »T /-I 1 T association m- 

James iaggart, William H. Parker, M. O. McCaslan, James corporated. 
McCaslan, Thomas Thomson, Robert Brady, Charles T. Haskell, 
Thomas Dowton, H. Derricoat, D. M. Rogers, W. K. Bradley, 
W. H. Parker, J. E. Foster, Stephen Lee and B. McKittrick, and 
their successors, ofiicers and members, are hereby declared a body 
politic and corporate, for educational purposes, under the style and 
title of the " Abbeville Clear Spring Association," with all the 
rights and privileges as are provided for in the second Section of this 

Act. Charter of 

XV. That the charter of the Greenville Male and Female Acade- \!?t,'"'"„*'„Tlv'' 

• 111 . 1 111*1 *»iaio ana re- 

mies be, and the same is hereby, renewed and extended for the term male Aeade- 
of fourteen years, with the right to hold property to the amount of ^Textended. 



106 STATUTES AT LARGE 

A. D. 1851. twenty-five thousand dollars. And that the last Trustees of the said 
^"^ >'' ' Academies be, and the same are hereby, re-appoiuted with the right 
of filling vacancies in their body. 
Newberry XVI. That Samuel Keed, R. E. Holman, James J. Sloan, Wil- 
Company^ iu- V^nm. W. McMorris, J. Galloway, J. P. Kiuard, Simeon Fair and 
corporated. "William H. Harrington, together with such other persons who now 
are, or hereafter may be, associated with them, be, and they are here- 
by, declared a body corporate and politic, by the name and style of 
the "Newberry Steam Mills Company," the capital stock of which 
shall consist of one hundred shares of one hundred dollars each, 
with the privilege of increasing the number of shares to two hun- 
dred, the said shares to be paid in, held, transferred, assigned and 
pledged in such manner as the. regulations and by-laws of the said 
corporation may prescribe. 
Officers and XVII. That the said Company shall have such number and suc- 
membcrs. cession of ofiicers and members as shall be ordained and chosen 

according to the rules and by-laws made or to be made by them, 
for their government, and shall have power and authority to make 
any such rules and by-laws as are not repugnant to the Constitution 
and laws of this State; shall have and keep a common seal, and 
Legal privi- break and alter the same at will; shall sue and be sued, plead and 
leges. be impleaded, in any court of law or equity in this State; and 

shall have and enjoy all and every right and privilege incident and 
Proviso. belonging to corporate bodies: Provided, The amount of property, 
real and personal, to be held by said corporation, shall not exceed 
fifty thousand dollars. 
The town of XVIII. That the Act incorporating the town of Laurensville 

Laurensville — , , , • t i , i i ^> •,! n .1 

the charter ex- be, and the same IS hereby, extended tor one year, with ail the 
tended. rights and privileges heretofore granted. 

Charleston XIX. That William Gregg, John F. Poppenheira and John 

Plank Road -rrr., j ^u • • ^ u 1 7 i 

Company in- Wilsou, aud their associates and successors, are hereby made and 
corporated. created a body politic aud corporate in law by the name of the 
"Charleston Plank Road Company," for the purpose of constructing 
timber, plank, or hard roads on the State road, or along its line 
from Charleston to the vicinity of the boundary of Charleston Dis- 
trict, with the privilege of branching and extending the road to 
Sumter, Columbia, or Abbeville, or so far in the said directions as 
Powers and the company may determine on. The said company shall have all 
privi eges. ^j^^ powers and privileges, aud be subject to all the restrictions, lia- 
bilities and other provisions contained in the eleventh Section of an 
Act entitled "An Act to incorporate certain societies and compa- 
nies, aud to revive and amend certain charters heretofore granted," 
and passed the twentieth day of December, iu the year of our Lord 
one thousand eight hundred and fifty, except in such particulars 
Ca 'tit k ^^ ^^® hereinafter specially provided for. The said William Gregg, 
John F. Poppenheim and John Wilson shall have power to raise 
by subscription, in shax-es of one hundred dollars each, a capital of 
Opening of sixty thousand dollars, and for that purpose shall open books and 
books. ^^^Q subscriptions for the capital stock of said company at such 

. time and in such manner as they may deem expedient : Provided, 
thereof" to ^be That public notice of the time and place of opening said books be 
siv^en. given by advertisement in one of the daily papers of the city of 

Charleston for the space of four weeks. Whenever such subscrip- 



OF SOUTH CAROLINA. 107 

tions shall amount to tliirty thousand dollars, the stockholders hav- A. D. WA. 
ing liad two weeks' notice in writing, or in the public newspapers of ^'■^~v-~~^ 
the city of Charleston, may meet and proceed to elect a Board of DirJctors^'^" °^ 
Direction. In case of an over subscription, then it shall be the n i *• 
duty of the persons above named for opening books to reduce the over subscrip- 
subscriptions rateably among the subscribers. The said company *^°"' 
shall have six years to construct and complete said road, and as Time niiowed 
soon as throe consecutive miles of said road shall have been com- road, 
pleted, it shall be lawful for the company to erect turnpike or toll 
gates thereon, and to appoint toll gatherers to collect toll. Toll Toll— rates 
gates shall thereafter be put up at such points as the company may 
select, and the rates of toll shall always be put up at such toll 
gates : Provided, hoivever, The rates and tolls do not exceed the 
amounts which have been agreed upon between the Commissioners 
of Roads for the Parish of St. James, Goose Creek, and William 
Gregg, if he should construct a plank road on the surface of the 
present State Road, and which are as follows, to wit: For a wagon 
drawn by four horses or mules, four cents per mile; for a wagon 
drawn by three horses or mules, three cents per mile; for the same 
drawn by two horses or mules, two cents per mile, and for the same . 
drawn by one horse or mule, one cent, per mile. For pleasure car- 
riages, not exceeding fifty per cent, above the aforesaid rates. For 
a man on horse or mule, one cent, per mile ; for led or driven horses 
or mules, one cent, per mile. For swine, sheep and neat cattle, for 
each drove of twenty or less in number, two cents per mile, and if 
over twenty in number, for each drove of twenty or fraction of a 
drove, two cents per mile. But if the said road be constructed in 
whole or in part over lands which are not public highways, then for 
so much of said road as may be so constructed it shall be lawful 
for the company to increase their toll to any rate not more than 
twenty-five per cent, more than the above scale. This charter shall Term of the 
continue for the term of thirty years, but shall not attach or the *^^'^"*^'"- 
corporation go into operation until thirty thousand dollars of capital 
stock shall be paid in gold or silver, or the current bank notes of —when to at- 
this State, and affirmation shall be made by the President, Treasu- *^^^" 
rer and a majority of the Directors, which shall be recorded in the 
Secretary of State's office in Charleston. 

XX. That the eleventh Section of an Act entitled "An Act to Sec. of Act 
incorporate certain Societies and Companies, and to revive and '*™®°*^'^'^- 
amend certain charters heretofore granted," passed the twentieth 

day of December, in the year of our Lord one thousand eight hun- 
dred and fifty, be so altered and amended as to authorize the Com- 
missioners who shall open books for subscriptions to the capital 
stock of companies for the construction of plank roads to receive 
one dollar on each share instead of five as is now provided for by 
said Section. 

XXI. That William D. Henry, Samuel McAliley, W. Hiram, Soeietv in- 
C. Brawly, Richard E. Kennedy, and their associates, as stockhold- ch"eS'me.'° 
ers in the Chesterville Female Academy Society, be, and the same 

are hereby, incorporated and declared a body politic by the name 
of the Chesterville Female Acaderav Society, and that said society 
have a right to hold real and personal property to the amount of 



108 STATUTES AT LARGE 

A. D. 1851. ten thousand dollars, and that said society be entitled to all the 
''""^ v""^ rights and privileges in the second Section of this Act. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and 
in the seventy-sixth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4063. AN ACT to Provide for the Grant of Reciprocal Privi- 
leges TO Citizens of South Carolina and of Georgia, 
IN relation to the Building op Bridges over the 
Savannah River. 

• Whereas it is highly important to the interest of the citizens of 

Preamble. South Carolina and Georgia that some common system of providing 
for bridges and ferries over the Savannah River, and the passage of 
the same, should be adopted by the two States, and that no obstacle 
should result from the want of concert in their legislation on this 
subject : 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 

r'vne^"sto°be ^^^^^ That any charter or franchise granted, or to be granted, by 
granted. the State of Georgia for the purpose of building and establishing 

bridges or ferries over the Savannah River, shall have full effect 
within the limits and jurisdiction of the State of South Carolina, 
notwithstanding the rights of the said State, to the same extent in 
all respects as if such charter or franchise had been granted by the 

Proviso. State of South Carolina : Provided, That before this Act shall go 
into operation, the State of Georgia do, by law, provide that equal 
effect be given in the State of Georgia to charters and franchises 
granted by this State; and that after this Act shall go into opera- 
tion, the legal validity and effect of a charter granted by either of 
the said States for the purposes aforesaid shall be subject to this 
limitation and restriction : that no such charter from either State 
shall prevent the other State from granting a charter for a bridge or 
ferry over the Savannah River at any place, however near the place 
where a bridge or ferry is or may be established under a charter 

Further pro- fi'om the other State : And provided, also, That nothing herein 
contained shall be taken or held to abrogate or impair the vested 
rights of any person or persons whomsoever, so far as such rights 
may be valid in law. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and in 
the seventy-sixth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



OF SOUTH CAROLINA. 109 

AN ACT TO Vest the Right and Title of the State in a. d. 1851. 

AND to certain ESCHEATED PROPKHTY IN CERTAIN PER- '""'V-^-' 
SONS THEREIN MENTIONED. ^O- 4064. 

I. Be it enacted by the Senate and House of Representatives, 

now met and sitting in General Assembly, and by the authority of j„ Epbrahu 
the same, That all the right, title and interest of the State in and ^v'ilsou. 
to a certain house and lot in Henrietta street, in the city of Charles- 
ton, described in a deed from Ephraim Wilson to O. M. Smith, in 
trust, and recorded in the office of the Secretary of State, at Charles- 
ton, in Miscellaneous Record Book, R. R. R. R. R., pages 186 and 
187, be, and the same are hereby, vested in the said Ephraim Wil- 
son, and his heirs, forever. 

II. That all the right, title and interest of the State in and to the Title to "Wm. 
estate of John Parker, of St. George's, Dorchester, be vested in Pendarvis. 
William Peudarvis, and his brothers and sisters, share and share 

alike : Provided, That the administrator of the said John Parker Proviso. 
do first pay over to the escheator of Colleton District all such fees, 
costs and charges as the said escheator has legally, or may legally 
incur in relation to the estate of the said John Parker ; and that 
he, the said administrator, and the said escheator, shall receive the 
same commissions as they would have been entitled to had the estate 
been declared escheated in due form of law. 

III. That all the right, title and interest of the State in and to Titie^to Em- 
all the real estate liable to escheat, whereof Lydia Smith and Peter tt^uf. "^ °'' ' 
Burns died seized and possessed, in the city of Charleston, be vested 

in Emeline Kinloch, wife of Benjamin Kinloch, Margaret Marshall, 
wife of AVilliam Marshall, and Eliza Smith, share and share alike, 
to be held by them and their heirs forever. 

IV. That all the right, title and interest of the State in and to Title to Re- 
all the estate, real and personal, whereof John B. Logan, an illegiti- ^a^^^ ^^^^''< *=* 
mate, died seized and possessed, and in and to all the estate, real 

and personal, whereof Charles B. Logan, an illegitimate, died seized 
and possessed, be vested in Rebecca Liles, wife ofM. W. Liles; 
Amanda Holloway, wife of Edward P. Holloway ; Eliza Nicks, 
wife of Ambrose Nicks, and in Martin Jackson and Adeline Jack- 
son, minors and children of Henrietta Jackson, a deceased sister of 
the said John B. Logan and Charles B. Logan ; in the said Rebecca 
Liles, Amanda Holloway and Eliza Nicks, one share each; and in 
the said Martin Jackson and Adeline Jackson, the share to which 
their mother, Henrietta Jackson, if alive, would be entitled under 
this Act, to be held by them and their heirs forever. 

V. That all the right, title and interest of the State in and to all Title to Jas. 
the real estate liable to escheat, whereof AVilliara Gibson, late of ^'^'^'^^' 
Fairfield District, died seized and possessed, be vested in James 

Kerr and his heirs forever. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and 
in the seventy-sixth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



110 STATUTES AT LARGE 

A. D. 1851. AN ACT TO Authorize and Empower the Commissioners 

^^-''Y- ■ OF Cross Roads of Charleston Neck to Cancel and 

No. 4065. Deliver up to the Washington Fire Engine Company 

A certain Note and Mortgage held by them against 

THE SAID Company. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
Commission- same, That the Commissioners of Cross Roads of Charleston Neck 
b^^ >o '^'^'i^^''' be, and they are hereby, authorized and empowered to cancel and 
deliver up to the Washington Fire Eugine Company a certain note 
held by them against the said company for the sura of two hundred 
dollars, and also the mortgage upon their engine, given to secure the 
payment of the same. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and 
in the seventy-sixth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4066. AN ACT to Establish and Incorporate a Bank in the 

Town of Winnsborough. 

ciause^°"^''"° ^' ^^ *^ enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That in order to establish a bank in the town of Winns- 
borough, the following persons be, and they are hereby, appointed 
Commissioners to receive subscriptions at the several places herein- 
after mentioned : 
Commission- At Winusborougli — Samuel G. Barkley, James B. McCants, John 

ers appointed Q;,^.,^,-,* ,>,^ 
to receive sub- iSl'll^Jnton. 

sciiptions. At Charleston — Wm. H. Gilliland, Joseph D. Aiken, N. B. Hill. 

At Columbia — James Cathcart, James A. Kennedy, A. H. Por- 
cher. 

At Chesterville — John A. Bradley, John Dunovant, James Hemp- 
hill. 

At Yorkville— Wra. C. Beaty, R. G. McCaw, Wm. A. Latta. 

At Camden — John Rosser, James Dunlap, Wm. M. Shannon. 

At Lancaster — James Witherspoon, John Adams, Wm. McKenna. 

At Cheraw — John A. luglis, A. P. LaCost, Wm. A. McCreight. 

At Georgetown — Richard Dozier, J. B. Anderson, B. A. Coach- 
man. 

At Sumterville — Thomas B. Frierson, Henry Haynesworth, An- 
thony White, Sr. 
Duties of the And the said Commissioners, or a majority of them, at each of the 
mmis ers. ^^j^ places, shall, ou the first Monday in April next, and day follow- 
ing, open subscriptions, from the hours of ten o'clock, A. M., until 
two o'clock, P. M., on each day, in the above places, respectively, 



OF SOUTH CAROLINA. Ill 

for the purpose of raising the sum of three hundred thousand dol- ^- ^- ^^'^l- 
lars, whereof one month's public notice shall be previously giveu in "-^•r"'^ 
some one of the gazettes of Charleston, Columbia, Camden, York- 
ville, Chestcrville, Cheraw, Georgetown, Sumterville and AVinns- 
borough ; and the above named Commissioners, at each of the above 
mentioned places, except Winnsborough, shall, on or before the 
second ]\[onday in April next, respectively, forward correct lists of 
the shares subscribed, together with the moneys ])aid on such shares 
at the time of subscribing, for the purpose of apportioning the same 
to the above named Commissioners at Winnsborough, who shall 
make out and forward to all the other above named Commissioners, 
respectively, a schedule of the said apportionments ; and such sub- 
scribers paying their subscription moneys, respectively, as herein- 
after provided, then being stockholders, aud all other persons who 
may thereafter become stockholders in the said company, shall be, 
and they are hereby, incorporated, and made a corporation and body 
politic, by the name and style of "The Planters' Bank of Fairfield, 
(South Carolina," and so shall continue until the first day of January, 
one thousand eight hundred and sixty-six. 

II. That in case the amount of three hundred thousand dollars Books to be 
shall not be subscribed on the days, and at the places above men- sui°p^y"^ defi^ 
tioned, then the books of subscription shall be again opened in the ciency in capi- 
town of Winnsborough, to remain open until the first Monday in 

August next, unless the full amount of stock shall be sooner sub- 
scribed. 

III. That the said corporation, by its said name and style, shall The power to 
be, and is hereby, made capable in law, to have, purchase, receive, audother'ijriv- 
possess, enjoy aud retain, to it and its successors, lands, rents, tene- iieges. 
ments, hereditaments, goods, chattels, promissory notes, bills of ex- 
change, and all other choses in action, moneys aud effects, of what 

kind, nature or quality soever, to an amount not exceeding iu the 
whole three times the amount of the capital stock of the said cor- 
poration, and the same to sell, alien, or dispose of; and also to sue 
and be sued, plead and be impleaded, answer aud be answered, de- 
fend and be defended in courts of record, or in any other place 
whatsoever ; and also to make, have and use a common seal, and the 
same to break, alter and renew at pleasure; and also to discount 
promissory notes at a rate of interest not exceeding one per cent, for 
sixty days, and to deal and trade in bills of exchange; and also to 
ordain, establish and put in execution such by-laws, ordinances and 
regulations as shall seem necessary and convenient for the govern- 
ment of the said corporation, not being contrary to the laws of this 
State, or of the United States, or to the Constitution thereof And 
generally to do and execute all aud singular such acts, matters and 
things, which may be deemed necessary and proper for the good 
government and management of said corporation, subject, neverthe- 
less, to such regulations, restrictions, limitations aud provisions as 
shall hereafter be prescribed and declared. 

IV. That in case a greater amount than three hundred thousaud Reduction of 
dollars be subscribed, the Commissioners above named, at Winns- over subscrip- 
borough, shall not, in apportioning said shares, take from the sub- 
scribers for only five shares, unless they cannot otherwise sutficiently 

reduce the amount subscribed. That the capital stock of said bank 



112 STATUTES AT LARGE 

A. D. 1851. shall be divided into twelve thousand shares, of twenty-five dollars 

^■""■^v ' each share; that five dollars in specie, or the bills of specie-paying 

capkar^^'stock banks of this State, shall be paid on each share, at the time of sub- 
into shares. scribing, and the balance of twenty dollars on each share shall be 
Payment of psdd iu four equal instalments, on the first Monday in August, No- 
instalments. yember, February and May following; and all shares on which the 
Forfeiture for paynient due shall not be punctually made on or before the days 
non-payment, above mentioned shall be forfeited, "with whatever moneys may have 
been paid thereupon. Bui no such forfeiture shall exonerate the 
stockholder from liability to pay up the amount of his subscription, 
unless his stock shall have been previously sold in good faith. 
Voting. V. That the number of votes to which each stockholder shall be 

entitled shall be in the following proportion to the number of 
shares, respectively, that is to say : For one share, one vote ; for 
every one share thereafter, and not exceeding ten, one vote ; for 
every two shares above ten, and not exceeding twenty, one vote ; 
for every four shares above twenty, and not exceeding thirty-six, 
one vote ; for every six shares above thirty-six, and not exceeding 
fifty, one vote ; for every eight shares above fifty, and not exceeding 
seventy-five, one vote; for every ten shares above seventy-five, one 
Proviso. vote: Provided, always. That no person, copartnership or body j^olitic 
shall be entitled to a greater number than fifty votes; that no share 
or shares shall confer the right of suffrage, which shall not have 
been held three calendar months previous to the day of the elec- 
tion after the first election is had; that no other stockholders than 
those who are citizens of the United States shall be allowed to vote; 
and that stockholders, being citizens of the United States, and ac- 
tually residents therein, and none other, may vote by proxy, pro- 
vided such proxy be a stockholder, and a citizen of this State. 
Election of YJ. That there shall be an election in the said corporation on the 
iree ors. g^^^. jy^Q^j^y ^^ June in each year, and in default thereof, on such 
other day as shall be fixed by said corporation, for seven Directors, 
who shall be chosen by the stockholders or their proxies, from 
among themselves, and by a plurality of votes actually given; and 
those who shall be actually chosen at any election shall be capable 
of serving as Directors by virtue of such choice, until the end of 
the first Monday in June next ensuing the time of such election ; 
and the said Directors, at their first meeting after such election, 
shall choose one of their number as President, and in case of the 
h ^ fiiTd^*^^" death, resignation, absence from the State, or removal from office 
by the stockholders of a Director, his place may be filled by the 
other Directors for the remainder of the year; and that a fair and 
correct list of the stockholders shall be made out by the Directors, 
at least one month previous to any election of Directors, subsequent 
to the first election, to be submitted to the inspection of any stock- 
holder, and to prevent a division of shares for the purpose of ob- 
Managers of taining undue influence. Managers of Elections for Directors of 
duTieb^.'^"*^'^^''^ said bank may administer, and shall, if the same be demanded by 
any stockholder of said bank, to every stockholder offering to vote, 
the following oath, that is to say: "You, A. B., do SAvear (or affirm, 
as the case may be,) that the stock you now represent is bona fide your 
property, and that no other person or persons is or are concerned 
therein." And to any person ofiering to vote as proxy, for a minor, 



OF SOUTH CAROLINA. 113 

or in right of, or in trust for any other stockholder entitled to vote, A- ^- i^"'i- 
the following oath: "You, A. B., do swear (or affirm, as the case """^y^-^ 
may be,) that the stock you now represent is the property of C. D., 
ancl that no other person or persons, to the best of your knowledge 
or belief, is or are concerned therein;" and any stockholder refus- 
ing to make such oaih or affirmation shall not be allowed to vote 
at such election. 

VII. That no stockholder who is not a citizen of this State shall, Eiisibiiity of 
nor shall any Director of any other bank, nor copartner of such 
Director, nor more than one person of a copartnership firm, be a 

Director of said bank; nor shall any person act as a Director, who 
may be under protest in said bank, as drawer or endorser of any 
paper held by the said bank, either for discount or collection, un- 
less he shall prove, to the satisfaction of a majority of the other 
Directors, that he has just reasons, and legal and sufficient cause 
for refusing payment of the demand on which such protest may be 
founded, 

VIII. That no less than four Directors shall constitute a Board Quorum for 
for the transaction of business, of whom the President shall always business, &o. 
be one, except in case of sickness or necessary absence, when his 

place may be supplied by any other Director, whom he shall, by 
writing, nominate for the purpose; and in default of such nomina- 
tion by the President, or in case of sickness or necessary absence of 
the person so nominated, the Board of Directors may, by ballot, ap- 
point a temporary President. 

IX. That the Directors, for the time being, shall have power to Appointment 

• i. 1 a? 11 1 i J ^1 1 II 1 and removals 

appomt such officers, clerks and servants under them as shall be of officers and 
necessary for executing the business of said corporation, in such clerks. 
manner and upon such terms as they shall deem necessary and 
proper, and shall also have power to remove such officers, from time 
to time, at their will and pleasure; and shall be capable of exer- 
cising such other powers and authorities for the well governing and 
ordering of the affairs of the said corporation as shall be prescribed, 
fixed and determined by the laws and regulations thereof. 

X. That no officer of said bank, other than a Director, not being _ Officers pro- 
President, shall be permitted, either directly or indirectly, to carry trading, &l\°^ 
on the business or trade of buying or selling cotton, or other pro.- 

duce, factorage, brokerage, vendue, or the exchange of money or 
bills for profit; and every such officer so trading shall be removed 
from office by the Directors, and shall not be re eligible to any 
office in said bank. 

XL That no Director or other officer of said bank shall, directly Further pro- 
or indirectly, receive any compensation for any agency in negotia- '^i''i'^'<'°s- 
ting any business with the bank, in procuring discounts, renewing 
notes, or receiving moneys from individuals on notes discounted; 
and every such Director or other officer thus receiving compensa- 
tion shall be removed from office, and disqualified from thereafter 
holding any office in said bank. 

XII. That a meeting of the stockholders may be called at any [Special mcet- 
tirae by the President and Directors, or a majority of them, or by {^"^jgrs^ stock- 
any Director who may protest against the proceedings of the Board, 
and who may wish the propriety of his dissent to be considered by 
the stockholders, or whenever the holders of two thousand shares, 
VOL. XII — 8 



114 STATUTES AT LARGE 

A. D. 1851. or upwards, shall require the same: Provided, That no such meet- 
^""""v-"""^ iug of the stockholders shall be competent to transact business, un- 
Proviso. ]ggg ^^Q month's previous notice be given in at least two public ga- 
zettes in the State, and unless a majority of the stock in said bank 
be represented, 
f Vind '^''^etc * XIII. That the lands, tenements and hereditaments, which it 
lawful 'to be shall be lawful for the said corporation to hold, shall be only such as 
'^°^^^" may be requisite for its immediate accommodation for the transact- 

ing of its business, to an amount not exceeding twenty-five thou- 
sand dollars, such as shall have been bona fide mortgaged or assigned 
to it, by way of security, for payment of debts previously contracted 
in course of its dealings, and such as shall have been purchased at 
sales upon judgments previously obtained. 
Conditions XIV. That the Said bank shall not issue any bills or notes for 
ment of busi- the payment of money, or commence discounting, until one-third 
'^^*^- part of its capital stock, in specie, shall be deposited in its vaults, 

nor until a bonus of seven thousand five hundred dollars be paid 
into the Treasury of the State. Whereupon the said bank shall be, 
and the same is hereby declared to be, exempted from the payment 
of all taxes during the term that it is hereby incorporated. 
Stock trans- XV. That the stock of said bank shall be assignable and trans- 
ferable, ferable, according to such regulations, and upon such terms as may 
be prescribed and fixed by the said corporation. 
Notes and XVI. That the bills or notes which may be issued by order of 
gotilibie°.^ "^" the said corporation, signed by the President, and covmtersigned by 
the principal Cashier or Treasurer thereof, promising the payment 
of money to any person or persons, his or her or their order, or to 
the bearei', though not under seal of the said corporation, shall be 
binding and obligatory upon the said corporation, in like manner, 
and with the like force and effect, as upon any private person or 
persons, if issued by him, her or them, in his, her or their private 
capacity, and shall be assignable and negotiable, in like manner as 
if they were so issued by such private person or persons, that is to 
say: Those Avhich shall be payable to any person or persons, his, 
her, or their orders, shall be assignable by endorsement, in like 
manner, and with like efl^ect, as foreign bills of exchange or pro- 
missory notes now are; and those which are payable to any person 
or persons, or bearer, shall be assignable and negotiable by delivery 
only. 
• V.'i"'!l*'°"'^'^ XVII. That the total amount of debts which the said corporation 
shall at any time owe, shall not exceed three times the amount of 
its capital stock, exclusive of the amount of money then actually 
Linbiiity of deposited in the bank for safe keeping. And in case of excess, the 

Directors lor -r,..' , , , , . . ^ .^ , i n i 

excess of in- Directors, under whose administration such excess shall happen, 
debtcdncss. shall be liable for the same in their private and individual ca[)aci- 
ties, and an action may, in such case, be brought against thein, or 
any of them, their or any of their heirs, executors or administra- 
tors, in any Court having jurisdiction, by any creditor or creditors 
of the said corporation, and may be prosecuted to judgment and 
execution, any condition, covenant or agreement to the contrary 
Corporation notwithstanding. But this shall not be construed to exempt said 
corporation, or the lands, tenements, goods or chattels of the same, 
from beina: also liable for said excess. And such of the said Direc- 



OF SOUTH CAROLINA. 115 

tors as may have been absent when such excess was contracted or ^- ^- ^-■^• 
created, or such as may have dissented from the resolution or act ^~"^v""~^ 
whereby the same was contracted or created, may, respectively, ex- digscmiiiK°i)i- 
onerate themsel^'es from being thus liable, by forthwith giving no- rectors inay be 
tice of the fact, and of their absence or dissent, to the stockholders, '^^^^^^'^ ^ • 
at a general meeting to be called for that purpose. 

XVIII. That the said corporation shall not be permitted to pur- Purchase of 
chase any public debt whatsoever, except of this State, or of the prohiljitcd. 
United States ; nor shall directly or indirectly deal or trade in any- 
thing except notes, bills of exchange, gold or silver bullion, or in 

the sales of goods really and truly pledged for money lent, and not 

redeemed in due time, or of goods which shall be the produce of 

its lauds; neither ^hall the said corporation take more than at the Rate of in- 

rate of one per cent, discount for sixty days, for or upon its loans '^^^^ ' 

or discounts. That if the said corporation shall purchase, trade, Forfeiture in 

discount or loan, contrary to the provisions of this Act, all and ^'^^^,. ^^ illegal 

every person or persons thus purchasing, trading, discounting or 

loaning, contrar}^ to the provisions of this Act, shall forfeit and lose 

treble the value of the goods, wares and merchandise, notes, hills or 

loans thus illegally purchased, traded for, discounted for or loaned, 

one-half thereof to the use of the informer, and the other half 

thereof to the use of the State. 

XIX. That the bills or notes of the said corporation, originally viJl™^/^'' 
made payable on demand, or which shall have become payable in taxes, '<fc<;. 
gold or silver, current coin, shall be receivable by the Treasurers, 
Collectors, Solicitors and other public officers, in all payments for 

taxes or other moneys due the State, so long as the said bank shall 
pay gold and silver current coin for their notes. 

XX. That dividends shall be made at least twice in each year by Dividends— 
the said corporation, of so much of the profits of the said bank as to be made, 
shall appear to the Directors advisable ; and once in every year the Directors to 
Directors shall lay before the stockholders, at a general meeting, for \^^^'^[[ surplus 
their information, the amount of surplus profits, if any, after de- 
ducting losses and dividends. 

XXI. The said corporation are hereby authorized to increase Power to in- 
their capital to a sura not exceeding five hundred thousand dollars, stock? '^'^^^ '* 
should a majority of stockholders, at a general meeting, at any time 

during a continuance of their charter, deem the same necessary or 
advisable, by disposing of any number of additional shares, not ex- 
ceeding eight thousand. 

XXII. That in case of the failure of said bank, each stockholder, Lia*i)iiit.y of 
copartnership or body politic, having a share or shares therein, at ,.r^ hi^^cuse ol" 
the time of such failure, or who shall have been interested therein, i^iiiure. 

at any time within twelve months previous to such failure, shall be 
liable and held bound, individually, for any sura not exceeding 
three times the amount of his, her or their share or shares. 

XXIII. That any real estate, bills, notes, moneys, i)rofits or other Piopertyto 
property whatsoever, which may, on the dissolution of said corjjora- hoMer'hfca^e 
tion, be owned or possessed by it, shall be held by the Directors of of dissolution. 
said bank for the use and benefit of all persons holding shares in 

said corporation at the time of its dissolution, and their legal assigus 
and representatives, in average and proportion to the number or 
amount of said shares. 



116 STATUTES AT LARGE 

A. D. 1851. XXIV. Xo loan shall be raade by the said bank, secured in any 
""- -^ ' way by a pledge of its stock, until twelve months after the whole 
10^,°"'''^'°"^*^^ capital stock shall have been paid in. 

lleciemption XXV. The Said bank shall make such provision for the rederap- 
° ' *■ tion of its bills at Charleston as will keep them at par throughout 

the State. 
Capital sub- XXVL That the capital of said bank shall be subject to taxa- 
tion. ' tion in such manner as the Legislature shall from time to time im- 
pose. 
Corporation XXVII. That the Said bank shall be subject to all the provisions 
relative to sus- of ^u Act passed the eighteenth day of December, 1840, entitled 
pensions. " ^y j^^t ^0 provide against the suspension of specie payments by 
the banks of this State, and such regulations and restrictions as the 
Legislature shall from time to time impose." 
The duties of XXVIII. That in case the said bank shall at any time suspend 
in case of sus- the payment of current coin for its notes, the Governor shall, at his 
pension. discretion, either cause to be issued a scire facias to vacate its char- 
ter, or take proper measures to enforce the penalty imposed by the 
second Section of the said Act of 1840. 
Provision in XXIX. That if the officers of this bauk shall refuse or delay 
to pay current payment, in gold or silver current coin, of its promissory notes, or 
^'^'^^ other obligation, on demand, made at its counter during the usual 
hours of business, it shall be liable in damages, to the note holder 
or other creditor, at the rate of twelve per cent, per annum for the 
time of such refusal or delay. 
Charter sub- XXX. That the charter of said bank, so incorporated, as afore- 
said, by this Act, shall at all times remain subject to amendment, 
alteration or repeal, by the legislative authority of this State. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and in 
the seventy-sixth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



jeet to amend 
ment 



Xo. 4067. AN ACT to Vest in the South Carolina Railroad Com- 
pany THE Title to Certain Lots in the Town of Co- 
lumbia. 



Title vested. 



Be it enacted by the honorable the Senate and House of Repre- 
sentatives, now met and sitting in General Assembly, and by the 
authority of the same. That the title to the following squares in the 
town of Columbia be, and the same is hereby, vested in the South 
Carolina Railroad Company, that is to say, one square bounded by 
Lincoln, Gervais, Gadsden and Senate streets, and one square 
bounded by Senate, Gadsden, Pendleton and Lincoln streets, together 
with so much of Senate street as lies between Lincoln and Wayne 



OF SOUTH CAROLINA. 117 

streets, and so much of Gadsden street as lies between Gervais and ^- ^- ^^■>^- 
Pendleton streets. ^""^"v ^ 

lu the Senate House, the sixteenth day of Deceml)er, in the year 
of our Lord one thousand eight hundred and fifty-one, and in 
the seventy-sixth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Provide by Law for the Compensation of No. 4068, 
Physicians for Post Mortem Examinations. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority oftlie 
same. That the following compensation shall hereafter be allowed ^^^^ .-uiowed!^" 
to an)' physician who may be called in by the acting Coroner to 
make a post mortem examination, to wit: Where death has resulted 
from external violence, aud where no dissection is required, the sura 
of ten dollars; where dissection is necessary, and no interment has 
taken place, twenty dollars; for the same, after one or more days' 
intermeut, thirty dollars; for the same, when auy chemical analysis 
is required, a sum not exceeding fifty dollars, together with the ex- 
pense of such analysis; and that in every case in which a physician 
shall be called to any distance beyond one mile, he shall be allowed 
the mileage usually charged in his neighborhood : Provided, That Proviso, 
in all cases in which chemical analysis shall be made, the physician 
who shall make the post mortem examination shall furnish to the 
Legislature, with his account, a full statement of such analysis : 
And provided, Every account presented for services for ?ir\\ pjost Additional 
mortem examination shall have the certificate of the Coroner, or proviso. 
Magistrate acting as Coroner, that the services were rendered. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and in 
the seventy-sixth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT to Incorporate the North-Eastern Railroad No. 4069. 

Company. 

I. Be it enacted by the Senate and House of Representatives, now ^.^ ^ Enacting 
met and sitting in General Assembly, and by the authority of the 
same, That the persons who shall subscribe, in the manner herein- 
after prescribed, for the purpose of constructing a railroad from the 



118 STATUTES AT LARGE 

A. D. 1S51. gjj^y Qf Charleston to such point on or near the Wilraiugton and 
"-""'^{'^•^ Manchester Railroad, west of the Great Pee Dee, as may be selected, 
Title. shall be incorporated by the name and style of the " North-Eastern 

Railroad Company." 
Subscription II. Books for receiving subscriptions to the capital stock of the 
aud'^^vhcre ^'to Said company, which shall consist of at least four thousand shares, 
be opened. of fifty dollars each, shall be opened on Monday, the sixteenth day 
of February next, and the five following days, in Charleston, at 
Georgetown, Pineville, and at King's Tree, in Williamsburg Dis- 
trict, by the following Commissioners, namely : In Charleston, John 
Ravenel, Robert Hume and James Gadsden ; at Georgetown, L. T. 
Atkinson, B. H. Wilson and W. W. Shackelford ; at Pineville, W. 
D. Bonneau, W. Mazyck Porcher and John Money ; at King's Tree, 
James L. Mouzon, Samuel P. Mathews and John Armstrong; at 
Bennettsville, D. B. Townsend, A. H. Douglass and E. P. Ervin ; 
at Cheraw, D. S. Harllee, A. P. LaCoste and A. Blue. The said 
given'of open- Commissioners shall give at least thirty days' notice of the time and 
ing of books, places of I'eceiving subscriptions, by advertisements in one or more 
of the newspapers in Charleston and in Georgetown. It shall be 
Commis'err ^^ l^-wful for oue of the said Commissioners, at each place, to receive 
subscriptions in the absence of the others, and if any of them shall 
decline to act, the Governor may appoint others in their stead. 
Amount to There shall be paid to the Commissioners, at the time of subscribing, 
tiiuc"'of'^*sub- 0Q6 dollar on each share subscribed, and no subscription shall be 
scribing, valid without such payment. The Commissioners in Charleston, 

Subscription Pineville and King's Tree, shall deposit the money, so paid to them, 
dello^Hetl? ^ i" the Bank of the State of South Carolina, in Charleston, in the 
name of the Commissioners for receiving subscriptions to the North- 
Eastern Railroad Company; and the Commissioners of Georgetown 
shall deposit the amount paid to them, in the Bank of Georgetown, 
^ ^/?IJi ^''^ t*i?.' in the same manner. In case, at the time of closing the books, the 

re-openmg tnu . ,11 1 -i i • 1 n 

books. requisite number of shares shall not have been subscribed, it shall 

be lawful for the Commissioners to receive further subscriptions, at 
any time within one year from the first opening of thebooks. If, 
into operation" fit the time of closing the books, or at any time within oue year 
and notice to f,-om their first opening, as aforesaid, the requisite number of shares 
of. shall have been subscribed, the company shall be incorporated, and 

the Commissioners shall forthwith appoint the time and place for a 
meeting of the stockholders, whereof public notice shall be given at 
least thirty days before, by advertisement in one or more newspa- 
pers in Charleston and Georgetown. 
Of proxies. HI. At the first and all other meetings of the said company, it 
shall be lawful for any stockholder to be represented by proxy, 
■whose appointment shall be in writing, signed by such stockholder; 
Power to ad- jj^^^ j^q person not a stockholder shall be such proxv. If tlie hold- 

journ to secure f.^..„,, in ^ • 1 

repi'esentiition ers 01 a majority 01 the shares shall not attend in person, or be rep- 
ot shares. resented by proxy, at the time and place appointed for any meeting, 
the stockholders present shall have authority to adjourn the meet- 
ing from time to time until a majority of the shares shall be repre- 
Biection of sentcd. 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 elec- 
tion, a President and six Directors. No person shall be elected as 



olTicers 



I 



OF SOUTH CAROLINA. 119 

President or Director, who is not the owner of at least fifty shares, ^- ^- ^^''^^ 
which, as to all elections after the first, shall have been held by the ^""^""'"^'^ 
person elected at least three months before the election. In the foi^tiii!'oiifce*of 
election of President and Directors, in the establishment of by-laws, President and 
and in all other acts to be done by the stockholders in their corpo- ''*'" °"'' 
rate capacity, the votes shall be counted in proportion to the number 
of shares held by them respectively, according to the folh)wing 
scale: For each share, from one to fifty inclusive, one vote ; for inl'^^iccordhig 
every five shares above fifty, and not above one hundred, one vote; to shares held." 
and for every ten shares above one hundred, one vote. 

IV. The said company, by its corporate name above mentioned, Special priv- 
shall have perpetual succession of members, shall be capable of ac- '''^^''^^• 
quiring and holding real and personal property, so fiir as the same 

may be necessary and suitable for the purposes for which they are 
incorporated ; may sue and be sued, plead and be impleaded ; may 
have and use a common seal, which they may break and alter at 
pleasure; and make all such by-laws, rules and regulations as they 
may deem necessary for the well ordering and conducting of the 
affairs of the company. 

V. The said company shall have power and authoritv to locate , Loc;itionfor 

J , , -1 1 p /-ii 1 i i- ' ■ ^ i.1 bnildiufi road. 

and construct a railroad Irom Charleston, or irom any ponit on the 

east bank of Cooper River, within three miles of Ch.arleston, to such 

point on or near the Wilmington and Manchester Railroad, west of 

the Great Pee Dee, as may be selected; and in case the route which 

may, on examination, be found most eligible, should not pass by or 

near the delta of the Santee and the town of Georgetown, then the 

said company shall be authorized to construct a branch railroad, or 

a plank road to Georgetown. It shall also have authority to con- Branch roads. 

struct branch railroads or plank roads, in any direction, and to any 

distance, not exceeding twenty-five miles from the main track of the 

said railroad. For crossing rivers or other water courses, the said Viaducts, Ac. 

company may, at their option, either construct viaducts, but so as 

not to obstruct the navigation of such rivers or water courses, or 

proper wharves and landing places, and use steamboats, or other 

suitable boats; and no steam or other vessels, not belonging to the 

said company, shall, without their consent, use such wharves or 

landing places. 

YI. For the purpose of acquiring such lands or right of wa}' as Right of way, 
they may require for the location and construction of the said rail- ing road.^*'^"'''' 
roads, or plank roads, or for the erection or location of 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 heretofore granted to, and which 
now is, or has been used, possessed or enjoyed by any railroad com- 
pany heretofore incorporated in this State, and shall also be entitled 
to the use and benefit of every process or proceeding provided by 
law for enabling any other railroad company in this State to obtain 
such lands or right of way as they might require in cases in which 
the consent of the owners cannot be obtained ; and the said com- The ri^ht of 
pany shall have the same exclusive right of transportation on their '■'''"^p"''^'^'"'^- 
railroad or railroads which is possessed and enjoyed by any other 
railroad company in this State ; and persons trespassing or intruding Trespasses 
upon the said railroad shall be liable to all the penalties provided ^^'^ intrusions. 



120 STATUTES AT LARGE 

A. D. 1851. ]jy law for the prevention of trespasses and intrusions upon any 

^""^"v"^ other railroad ; and any person who shall wilfully destroy, damage 
or obstruct the said railroad, or any branch or part thereof, shall be 
liable to all the penalties to which persons wilfully destroying, dam- 
aging or obstructing any other railroad are made liable by any law 

'^t^d\*°d°' ^^' ^'^^^ State; and the said company shall have the same right to 
all ungranted lands, not appropriated to the use of the State, within 
one mile of the main track of the said railroad, or any of its 
branches, which has been heretofore granted or allowed to any other 
railroad company as to lands within one mile of their railroad ; and 
the said company shall have the same presumptive right and title, 
and to the same extent, to lands through which the said railroad, or 
any branch thereof, may be constructed, in the absence of any con- 
tract with the owner or owners of such lands, which is possessed or 
enjoyed by any other railroad company as to lands through which 
their railroad, or any branch thereof, may have been, or may be 
constructed, in the absence of any contract with the owners 
thereof. 
_ Provision to VII. It shall be lawful for the said company to increase their 
urstock. °'^^'^" capital stock to any amount not exceeding two millions of dollars, 
by receiving subscriptions for additional shares, on such terms and 
conditions as they may think proper to prescribe, and also to borrow 
money for the purposes aforesaid, on such terms and at such rate 
of interest as they may think proper. 
to^s\ock— ho w VIII. Subscriptions to the stock of the said company shall be 
payable, payable by instalments of not more than five dollars on each share, 

and at intervals not less than sixty days under such regulations as 
may be prescribed by the by-laws. Public notice of the time of 
payment of each instalment shall be given at least sixty days be- 
Unpaid in- fore. In case any instalment on any share shall remain unpaid for 
the space of ninety days after the time appointed for payment 
thereof, such 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 obligation to pay the amount remaining unpaid on the 

Stock trans- forfeited share. The shares of the capital stock of said company 

shall be personal property, and shall be assignable and transferable 

in such manner, and under such regulations as may be prescribed 

by the by-laws. 

Officers to jx. The President and Directors of the said company shall have 

execute pow- ,. . -hi ii i 

ers granted. authority to carry into execution all the powers liereby granted to 

the company, subject to such limitations and restrictions as may be 

The annual imposed by the by-laws. There shall be at least one meeting of the 

leport!^^' '^^^ stockholders annually, 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 — other meet- 
ings 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 among them three hundred 
Removalof shares or more. It shall be lawful for the stockholders, at any 

omcers. . , , i -n • i . ^ -r\- i X- xi 

meeting, to remove the President and Directors, or any oi them, 

Authority to ^^^^ office, and to elect others in their stead. The President and 

draw money. Directors shall have authority to draw out the money deposited in 



OF SOUTH CAROLINA. 121 

bank by the Commissioners for receiving subscriptions to the stock '^- ^- i^'>^- 
of the company. ^— — v— ' 

X. This Act shall be in force for the term of fifty years from the Limitation of 
ratification thereof, and shall be deemed a public Act: Provided, chmtfr. 
That the work for the execution whereof the said company is incor- 
porated shall be commenced within two years from the first day of 
January next, and the main track of the said railroad be completed 
within eight years thereafter. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and in 
the seventy-sixth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON", President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Authorize and Empower the Commissioners of No. 4070. 
Cross Roads of Charleston Neck to Deliver up to the 
Marion Fire Engine Company a Certain Bond and Mort- 
gage. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the Commission- 
same, That the Commissioners of Cross Roads of Charleston Neck, bond,"&c.*^ ^^'^'^ 
be, and they are hereby, authorized and empowered to cancel and 
deliver up to the Marion Fire Engine Company, a certain bond of 
three hundred dollars, held by them, against the said company, and 
also the mortgage held by them, on a certain lot of land on Can- 
non street, to secure the payment of the said bond. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and 
in the seventy-sixth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT to Amend the Law in Relation to Man4gers of No. 4071. 

Elections. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the Managers to 
same, That it shall be the duty of some one of the Managers of "of/sf """"^ 
Elections, at each poll, to meet the Managers of Elections at the 
court house, or phice appointed by law to count the votes, as now 
or hereafter required by law; and should the Managers of any poll 
wilfully neglect or refuse to have the votes at that poll received, for Jegi'ec"^"* 



122 STATUTES AT LARGE 

A. D. 1S51. taken to the court house, or place appointed by law to count the 

^"^■"Y"^' votes, by some one of them, and counted according to law, each of 

the Managers at such poll shall be subject to be indicted, and on 

conviction, shall be fined at the discretion of the Court, in a sum 

not exceeding twenty dollars. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and in 
the seventy- sixth year of the sovereignty and independence of 
the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Repre Lnuiuves. 



No. 4072. AN ACT to Amend the Charter of the South Carolina 

Annual Conference. 



The charter 



L Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 

amended?'"'"'' Same, That William M. Wightmau, Whiteford Smith, H. A. C. 
Walker, Jos. H. Wheeler, James Stacy, N. Talley, C. Betts, W. 
Martin, S. W. Capers, W. A. Gamewell, R. J. Boyd, and D. Der- 
rick, with such others as they may associate with themselves, and 
their successors, be, and they are hereby declared t(* be, a body cor- 
porate in deed and in law, by the name of the South Carolina An- 
nual Conference, and by the said name shall have perpetual succes- 
sion of officers and members, and a common seal, with power to 
purchase, have, hold, receive and enjoy in perpetuity, or for any 
term of years, any estate, lauds, tenements or hereditaments, not 
exceeding twenty thousand dollars in nett annual produce, of what 
kind soever, and to sell, alien, remise and change the same or any 
part thereof, as it shall think proper; and by its said name to sue 
and be sued, plead and be impleaded, answer and be answered unto, 
in any Court of law or equity in this State ; and to make such rules 
and by-laws (not repugnant to the law of the land) for the regula- 
tion, benefit and advantage of the said corporation, and the same 
to change and alter, as shall, from time to time, be agreed upon by 
a majority of the members of the said corporation. 
The power to I^- The Said Corporation may take and hold to itself and its suc- 

hold property, cessors forever, any gifts or devises, or bequests of lands, personal 
estate, and choses in action, and may appropriate the same for the 
benefit of the said corporation, in such manner as may be deter- 
mined by a majority of the members thei-eof; and the said corpo- 
ration may become Trustee for any religious or charitable use. 
Property to ju, Xhe Said corporation shall, with the consent of a majority of 

co°rpo ration. "^ the members of the unincorporated body now known as the South 
Carolina Annual Conference of the Methodist Episcopal Church, 
South, be vested with all the rights and property belonging to the 
said last mentioned body, and also belonging to the unincorporated 
body heretofore known in South Carolina as the South Caro- 
lina Annual Conference of the Methodist Episcopal Church, and 



I 



OF SOUTH CAROLINA. 123 

the said corporation is hereby empowered to elect or appoint any A. D. ]85i. 
one or more officers, and the same to change at pleasure, who shall ^"7"^'''!"^ 
have full authority to receive from any person the possession of Trustecs;'"aiul 
any property or moneys belonging to either of said unincorporated tiioir powers, 
bodies; or in which they or either of them have any use, right or 
claim ; and the same to sue for and recover, and the release of the 
said officer or officers of the corporation shall be a full and suffi- 
cient discharge to any person paying over or delivering up any such 
money or property. 

IV. That so much of an Act entitled "An Act to incorporate Repeaiofthe 
certain societies and companies, and to revive and amend certain ter™''^ 
charters heretofore granted,'" passed on the twentieth day of Decem- 
ber, in the year of our Lord one thousand eight hundred and fifty, 

as relates to .the South Carolina Annual Conference, be, and the 
same is hereby, repealed. 

V. That this Act shall be deemed and taken as a public Act, 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 without spe- 
cial pleading. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one, and 
in the seventy-sixth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



A BILL TO Alter axd Amend the Constitution so as to No. 4073. 
Change the Name of the Election District of Saxe-Gotha 
TO that of Lexington, and to Extend its Boundaries to 
ITS Present Judicial Limits. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the cd. "™*^*^ ^°^ 
same. That the amendment of the Constitution, ratified on the sev- 
enteenth day of December, in the year of our Lord one thousand 
eight hundred and eight, be amended to read as follows: The elec- 
tion District, called by the name of Saxe-Gotha, shall be changed 
to that of Lexington, and the boundaries thereof extended to the 
judicial limits of the same, as now fixed by law. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eiglit hundred and fifty-one. We 
certify that the above Bill has been read the present session 
three times in the House of Representatives, and was agreed 
to by two-thirds of both branches of the whole representa- 
tion on the second and third reading thereof. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 




names. 



STATUTES AT LARGE 

RESOLUTIONS 

REPORTED BY THE COMMITTEE ON PRIVILEGES AND 
ELECTIONS. 

ADOPTED DECEMBER, 1851. 

In the House of Representatives, December 13, 1851. 

The Committee recommend that the following resolutions, which 
were drafted by the Committee on Privileges and Elections in 1841, 
be adopted, and that the same be printed with the Acts of the As- 
sembly, and also with the writs of election, and that the Clerks of 
the two Houses be directed to cause the same to be forwarded to the 
Managers of Elections throughout the State. 

I. Besolved, That the Managers of Election are requested to pay 
special attention to the following portions of the law relating to 
elections : 
Record of 1. The names of the voters to be regularly written as they vote 
and the list preserved, A. A. 1716, 2 Stat. p. G84. 
Illegal votes. 2. If two or more tickets, in counting the votes, be found rolled 
up together, or more names be found written on any ticket than 
ought to be voted for, all such tickets are not to be counted, A. A. 
1716, 2 Stat. p. 684, and A. A. 1721, 3 Stat. 136. 
Balloting. No voter shall be allowed to put in more than a single ballot or 

piece of paper in the same box or vessel ; but a ticket is to be 
counted, though it contains fewer names than are to be voted for. 
Duties and 3. If any Manager shall knowingly receive an illegal vote, or 
M\uiigers. shall refuse to receive a legal one, or shall neglect or refuse to attend 
the election, or shall count the ballots before the proper time, or at 
any other than the proper place, he shall be liable to penalties, 
A. A. 1716, 2 Stat. 689, and A. A. 1721, 3 Stat. 138 and A. A. 
1769, 4 Stat. 100. 
Oaths, exam- 4. Managers are authorized to administer oaths and examine 
ness'^s^/'d ^^'^ witnesses; to maintain order and regularity at the polls; and, by 
demeanors. order in writing, (directed to the Sheriff, Constable or Special 
Deputy,) to commit to jail for one day any person who refuses to 
obey the lawful commands of the Managers, or shall disturb their 
proceedings, A. A. 1831, 6 Stat. 442. 
Rejection of 5. If any person refuses to make proper oaths, or if the Mana- 
agers. ^ ^^' gers be otherwise satisfied that he is not qualified, his vote shall be 
rejected, A. A. 1831, 6 Stat. 443. 
Challenging The Managers, or any other person entitled to vote, may chal- 
votes. lenge any person offering to vote, A. A. 1831, 6 Stat. 443. 

6. Managers are authorized to swear each other, A. A. 1818, 
6 State. 94. or they may be sworn by any one authorized to ad- 
minister oaths. 
Vacancies by 7. In casc of death, removal from the district, or refusal to serve 
^^^^^ *"■ "tter- of any Manager, a majority of the delegation are authorized and 
required to fill up the vacancy by appointment in writing, A. A. 
1818, 6 State. 94. 
Opening and 8, Polls to be opened at 9 o'clock A. M. and closed at 4 o'clock 
closing polls, p, M., with convenient intervals. The box, vessel or bag to be 



OF SOUTH CAROLINA. 125 

sealed up when the polls are closed, and not be opened except to ^- ^- i^''^- 
receive votes the second day, and to count the votes at the regular •— — v"— ' 
time and place, A. A. 1721, 3 Stat. 187. 

II. Resolved, That the Managers of Elections, prior to their pro- Managers to 
ceeding to the election:', do take the following oath or affiirniaiion take oath, 
before some Magistrate, or one of the Managers of Elections, to wit: 

"That they will faithfully and impartially conduct and attend to 
the foregoing elections, agreeably to the Constitution of the State of 
South Carolina and the laws thereof" 

III. liesolved, That in future no person qualified to vote for Voting, 
members of each branch of the Legislature shall be permitted to 

vote in more than one election district or parish, and the Managers 
of Election throughout the State are hereby required and directed, if 
they think proper, (or on application of any elector present) to ad- 
minister to any person or persons offering to vote the following 
oath : 

" I, A. B., do solemnly swear (or affirm, as the case may be,) that Oath. 
I have not, at this general election for members of the Legislature, 
voted in this or any other district or parish, and that I am con- 
stitutionally qualified to vote— so help me God." 

And if any person or persons, required as aforesaid to take said Refusal to 
oath or affirmation, shall refuse to do so, then the Managers, in take oath, 
their respective Districts or Parishes, shall be, and they are hereby, 
required and enjoined to refuse such vote or votes, and in case the 
Managers shall refuse to require the oath as aforesaid when de- ,t^"*J,°'°^ ^Z"® 
manded, they shall be liable to ail the pains and penalties they would tive tiiercto. 
be liable and subject to for neglecting any other duties required of 
them as Managers of Elections for either branch of the Legislature. 

IV. Resolved, That the Act altering the fourth Section of the Act altering 
Constitution of the State of South Carolina be herewith published, -iJhScc.of Con- 

i- ' stitution rela- 

te wit: tive to qualifi- 

cation of vo- 



" Every free white man of the age of twenty-one years, (paupers, 



tors. 



non-commissioned officers and privates of the army of the United 
States excepted,) being a citizen of this State, and having resided 
therein two years previous to the day of election, and who has a 
freehold of fifty acres of land, or a town lot of which he has been 
legally seized and possessed at least six months before such election, 
or not having such freehold or town lot, hath been a resident in the 
election District in which he offers to give his vote before the elec- 
tion six months, shall have a right to vote for a member or members 
to serve in either branch of the Legislature for the election District 
in which he holds such property or residence." 

V. Resolved, That the two years' residence required by the Con- 
stitution in a voter, are the two years immediately previous to the 
election, and the six months' residence in the election District, are 
the six months immediately previous to the election. But if any 
person have his home in the State, he does not lose the right of resi- 
dence by temporary absence with the intention of returning, but if 
one have his home and family in another State, the presence of such 
person, although continued for two years in the State, gives no right 
to vote. 

VI. Resolved, That the JNIanagers of Elections throughout the Publication 
State be restrained from publishing notice of elections in the news- eLctlons? °^ 



126 STATUTES AT LARGE 

A. D. 1852. papers more than twice a week for one month, and ou the days oi 

^-"•^y-^ election. That in the Parishes of St. Philip and St. Michael the 
notice of elections shall be published in one newspaper only for the 
sum of fifty dollars ; that in each other District, where a gazette is 
published, the Managers shall publish so much as relates to that 
District, in one gazette, for the sura of twelve dollars and fifty 
cents, and where no gazette is published in the District, the ]Mana- 
gers shall put up notices of election at three or more public places, 
and at every place of election in the District ; that the Managers of 
Elections throughout the State shall give reasonable notice of the 
election, and at least two Sundays previous to the election. 

Elections un- VII. Rcsolved, That the Managers of Elections are authorized 
Managers!^ ° and required, under the general laws, to hold and conduct elections 
for Clerk, Tax Collectors, Commissioners of the Poor, and other 
District officers, whenever vacancies occur, (as provided by law,) 
and that it is unnecessary for this Legislature to give special direc- 
tions in relation to the election of said District ofiScers. 

Diiigeneecn- VIII. Rcsolved, That the Managers of Elections throughout the 
joined on Man- g^ate be, and are hereby, enjoined to use the utmost diligence, care 
and promptness in discharging these duties, in making correct and 
full returns, and enforcing the laws and resolutions provided for 
their guidance, so as to ensure fair and valid elections, and preserve 
the purity of the elective franchise. 

Managers to IX. Ilesolved, That it shall be the special duty of the Managers 
report all vio- jq report to the Solicitors all violations of the election law, and all 

lations of law, ^fi-i ■, ■ i i-i mi- 

&c. cases 01 bnbery and corruption, and to use their best enorts to bring 

the offenders to justice. 



No. 4074. AN ACT to Raise Supplies for the year commencing in 
October, one thousand eight hundred and fifty-two. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That a tax for the sums and in the manner hereinafter men- 
tioned, shall be raised and paid into the public treasury of this 

Tax on lands. State for the use and service thereof, that is to say : forty cents 
ad valorem on every hundred dollars of the value of all the lands 
granted in this State, according to existing classification hereto- 
fore established ; one-half per cent per acre on all lands lying within 
the Catawba Indian boundary, to be paid by each grantee or lessee 
of said Indian lands, until otherwise directed by law ; sixty 

Slaves and cents per head on all slaves ; two dollars on each free negro, mulatto 

ree negroes, .^^j mustizoe between the ages of fifteen and fifty years, except such 

as shall be clearly proved, to the satisfaction of the Collectors, to be 

incapable, from maims or otherwise, of procuring a livelihood ; 



• OF SOUTH CAROLINA. 127 

twenty five cents ad valorem on every hundred dollars of the ^- ^- ^^•''■-• 
value of all lots, lands and buildings within any city, toAvn, v^^/"^-' 
village or borough in this State ; sixty cents per hundred doHars i^^iiilji'/J,;; ""'^ 
on factorage, employments, faculties and professions, (whether in pjictoriesand 
the profession of the law, the profits be derived fi'om costs of professions, 
suit, fees or other sources of professional income, ) and on the amount 
of commissions received by Vendue Masters and Commission Mer- 
chants, (clergymen, schoolmasters, schoolmistresses and mechanics 
excepted ;) ten cents upon every hundred dollars of the amount of 
sales of goods, wares and merchandise, embracing all the articles of Merchandise. 
trade, for sale, barter or exchange, deducting therefrom the stock in 
trade on the first day of January, 1852, (the products of this State, 
and the unmanufactured products of any of the United States or 
Territories thereof, excepted,) which any person shall have made 
from the first day of January of the present year to the first day of 
January in the year of our Lord one thousand eight hundred 
and fifty-three, either on his, her or their capital or bor- 
rowed capital, or on account of any person or persons, as agent, 
attorney or consignee; ten cents upon every hundred dollars of 
the amount of sales of goods, wares and merchandise whatever, 
which any transient person, not resident in this State, shall make 
in any house, stall or public place; ten dollars per day for 
representing publicly, for gain and reward, any play, comedy, Public exbi- 
tragedy, interlude or farce, or other employment of the stage, or any bi'^io"'^- 
part therein, or for exhibiting wax figures, or other shows, of any 
kind whatsoever, to be j)ai<l into the hands of the Clerks of the 
Courts respectively, who shall be bound to pay the same into the 
public treasury, except in cases where the same is now required by 
law to be paid to corporations or otherwise. 

IL That all taxes levied on property, as prescribed in the first Payment 
Section of this Act, shall be paid to the Tax Collector for the Dis- 
trict or Parish in which said property is located. 

III. In making assessments for taxes on the value of taxable prop- Manufactures 
erty used in manufacturing, or for railroad purposes, within this ^" railroads. 
State, the value of the machinery used therein shall not be inclu- 
ded, but only the value of the lots and buildings as property merely. 

IV. That the Tax Collectors in the several Districts and Parishes Returns of 
in this State, in their returns hereafter to be made, be, and they are, ^''^ Collectors. 
required and enjoined, to state the precise amount of taxes collected 

by them for the purpose of supporting the police of the said several 
Districts and Parishes aforesaid, stating the rate per centum on the 
amounts of the State tax collected for said District and Parish 
police purposes, and the Comptroller General shall return the same to ru"port.'^° 
in his report. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



128 STATUTES AT LAEGE • 

A. D. 1S52. AN ACT TO MAKE APPROPRIATIONS FOR THE YeAR COMMEN- 

'"" — ^ ' ciNG IN October, one thousand eight hundred and 

No. 4075. fifty-two. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That the following sums be, and they are hereby, appropriated 
for the payment of the various officers and expenses of the State 
government, that is to say : 
Executive In THE EXECUTIVE DEPARTMENT. — For the salary of the Gov- 
Department. ernor, three thousand five hundred dollars ; for the Private Secretary 
of the Governor, five hundred dollars; for the Messenger of the 
Governor, two hundred and fifty dollars ; for contingent fund of the 
Executive 'Department, seven thousand dollars, to be subject to the 
draft of the Governor, and to be accounted for annually by him to 
the Legislature; for the rent of the Governor's house, in Columbia, 
three hundred dollars. 

Legislative II. In THE LEGISLATIVE DEPARTMENT. — For the pay of the 

epartmen . Members of the Legislature and its investigating Committees, 
and the Attorney General and Solicitors, during the present session, 
twenty-one thousand dollars, if so much be necessary; for the 
salaries of the Clerks of the Senate and House of Represen- 
tatives, one thousand dollars each, and to the said Clerks, for 
the services of two Assistant Clerks, two hundred and fifty 
dollars for the Clerk of the House, and two hundred and fifty 
dollars for the Clerk of the Senate, to be paid at the adjourn- 
ment of the Legislature; for the salaries of two Messengers and two 
Doorkeepers, each two hundred and fifty dollars, to be paid at the 
. adjournment of the Legislature ; for the salary of the Keeper of the 
State House and Librarian, seven hundred dollars; for the salaries 
of the Reading Clerks of the Senate and House of Representatives, 
each two hundred and fifty dollars, to be paid at the end of the 
session ; for the services of Engrossing Clerks, to be paid under the 
direction of the Speaker of the House and President of the Senate, 
two hundred dollars; for the Printers to the Senate and House of 
Representatives, in pursuance of the contracts made by the Com- 
mittees of both Houses, nine thousand dollars, if so much be neces- 
sary, for the printing executed by the said printers during the pres- 
ent session of the Legislature, the same to be paid to them as soon 
as the amount of the said contracts shall be ascertained by the 
Treasurer of the Upper Division ; for the Printer, for printing in 
pamphlet form the Acts and Journals of both Houses, Reports and Re- 
solutions agreed to, the Governor's Message, Reports of the President 
of the Bank and Comptroller General, with the accompanying docu- 
ments, three thousand seven hundred and fifty dollars, if so much be 
necessary: Provided, That the number of copies specified in the 
proposals of the Printers, as accepted by the Legislature, shall be 
printed and deposited in the oflice of the Treasurer of the Upper 
Division, at Columbia, before the twentieth day of February next ; 
and the amount to be paid, according to the proposals, which shall be 
ascertained by the Treasurer aforesaid : And further provided, That 
the Printer of the Acts and Journals do publish in his newspaper, 
at Columbia, all the public Acts which may be passed at the present 



OF SOUTH CAROLINA. 129 

session, within three weeks after the adjournment of the Lcgi.shiture; ^- ^- i^-''-- 
for Benjamin Hart, for contingent expenses during the present ses- ^ " 

sion of the Legislature, twelve hundred dollars, if so much be ne- 
cessary, to be accounted for by him at the Treasury, and reported 
by the Treasurer to the General Assembly ; for stationery, fuel, dis- 
tributing Acts, expenses for the election returns, fourteen hundred 
dollars, if so much be necessary ; for the purchase of books for 
the Library of the Legislature, five hundred dollars; for repairs 
of the State House and grounds, under the Committees of both 
Houses, five hundred dollars, if so much be necessary ; to defray 
the expenses of the extra session of the Legislature, convened under 
the proclamation of his Excellency the Governor, on the first day 
of November, in the present year, five thousand dollars, if so much 
be necessary. 

in. In the Judiciary Department. — For the salaries of ten Jmiieiiuy 
Judges, three thousand dollars each ; for the salary of the Attorney Depiu-tment. 
General, eleven hundred dollars ; for the salaries of five Solicitors, 
nine hundred dollars each ; for the Clerk of the Court of Appeals 
in Columbia, six hundred dollars; for the salary of the Messenger 
of the said Court at Columbia, two hundred and fifty dollars : Pro- 
vided, It shall be the duty of the said Messenger to summon all 
members of the bar, who are members of the Legislature, when their 
cases may be called for trial ; for the salary of the Librarian of the 
Court of Appeals in Columbia, two hundred dollars, the same to 
include the expenses of fuel ; for the purchase of books for the Li- 
brary of the Court of Appeals at Columbia, five hundred dollars; 
for firewood and fuel for the Court of Appeals at Columbia, fitty 
dollars, if so much be necessary ; for the salary of the Clerk of the 
Court of Appeals in Charleston, six hundred dollars; for the salary 
of the Messenger of the same Court in Charleston, two hundred and 
fifty dollars ; for the salary of the Librarian of the Court of Ap- 
peals in Charleston, two hundred dollars, to include expense of fuel; 
for firewood and fuel for the Court of Appeals at Charleston, fifty 
dollars, if so much be necessary ; for the purchase of books for the 
Library of the Court of Appeals at Charleston, five hundred dol- 
lars; for the salary of the State Reporter, fifteen hundred dollars ; 
and the several appropriations aforesaid for the Clerks, Librarians, 
Messengers, Reporter, and for the incidental expenses of the Courts 
of Appeals, shall be paid by the Treasurer only upon warrants to 
be drawn by the presiding Judges of the Courts of Appeals, at such 
times and for such portions as they may deem just and proper ; and 
it shall be the duty of the said Reporter to attend in person, or by 
deputy, the sittings of the Courts of Appeals and Errors, in Colum- 
bia and Charleston, and to report such arguments and statements of 
facts as may be necessary to a correct understanding of the decisions 
of the said Courts; for the pay of jurors and Constables, forty 
thousand dollars, if so much be necessary. 

IV. In the Treasury Depart.aient, — For the salary of the Treafury 

Comptroller General, two thousand dollars; for the salary of the ^'^^''^'"'™'^"*" 
Clerk of the Comptroller General, seven hundred and fifty dollars, 
the said Clerk to be appointed and removable at the pleasure of the 
Comptroller General ; for the salary of the Treasurer of the Lower 
Division, and for transacting the business of the Loan Office, and 
VOL. XII — 9 



130 STATUTES AT LARGE 

A. D. 1852. for Clerk hire, two thousand dollars ; for the salary of the Treasurer 
*^" V ' of the Upper Division, and for Clerk's hire, sixteen hundred dol- 
lars ; for the Assessor of St. Philip's and St. Michael's, for making 
out and affixing assessments of each return, eight hundred dollars. 
South Caro- V. FoR THE SouTH CAROLINA COLLEGE. — For the Salary of 
lina College. ^\■^Q President of the College, three thousand dollars ; for the salaries 
of seven Professors of the College, two thousand five hundred dol- 
lars each ; for the salary of the Treasurer of the College, five hun- 
dred dollars; for the salary of the Librarian of the College, six 
hundred dollars; for the salary of the Secretary of the Board of 
Trustees, two hundred dollars; for the salary of the Marshal, four 
hundred dollars; the salaries of the President, Professors, Treasurer 
and Librarian, to be paid by the Treasurer of the Upper Division, 
quarterly, in advance, their draft being countersigned by the Trea- 
surer of the College; for the purchase of books for the College Li- 
brary, two thousand dollars, to be paid to the draft of the President 
of the College, countersigned by the Treasurer of the same; for the 
expenses of one student at the South Carolina College, sent by the 
Orphan House in Charleston, four hundred dollars, to be paid to 
the order of the Chairman of the Board of Commissioners of the 
Orphan House; for building a new Chapel for said College, fifteen 
thousand dollars, to be expended by the Trustees of the said Col- 
lege. 

Ordinary VI. FoR THE ORDINARY CiVIL EXPENSES. For the payment of 

civil expenses, the Contingent accounts of the Upper Division, twenty-five thousand 
dollars, if so much be necessary ; for the payment of the contingent 
accounts of the Lower Division, fifteen thousand dollars, if so much 
be necessary ; for the Commissioner to be appointed by the Governor 
to superintend the Public Works, one hundred and fifty dollars ; for 
the payment of Pensions and Annuities, three thousand dollars, if 
so much be necessary ; for the payment of such claims as shall be 
admitted by the Legislature at its present session, ten thousand 
dollars, if so much be necessary ; for the support of Free Schools, 
seventy-four thousand four hundred dollars, if so much be necessary; 
to be distributed among the several Districts in the State, according 
to the ratio now fixed by law; for the education of the Deaf and 
Dumb, and of the Blind, five thousand dollars, if so much 
be necessary, to be paid to the Commissioners in the same manner 
as the appropriation heretofore made; for refunding Taxes, as di- 
rected by the reports of the Committee of Ways and Means, and 
of Finance, and agreed to by the Legislature, two hundred dollars, 
if so much be necessary ; for the payment of such other claims 
or demands on' the State as may be allowed by the General As- 
sembly upon the reports of other Committees, three thousand one 
hundred and twenty-five dollars, if so much be necessary ; for com- 
pensation, according to the Act of eighteen hundred and forty-three, 
for slaves executed, two thousand dollars, if so much be necessary. 
Military ex- VII. FoR MILITARY EXPENDITURES. — For the salaries of the 

pen^es. following officers, viz: Adjutant and Inspector General, two 

thousand five hundred dollars; Arsenal Keeper at Charleston, one 
thousand dollars ; Arsenal Keeper and Powder Receiver at Colum- 
bia, at the rate of four hundred dollars per annum ; Physician of 
the Jail and Magazine Guard at Charleston, five hundred dollars ; 



OF SOUTH CAROLINA. . 131 

and for the support of the Arsenal and Military School at Charles- ^- J* ^'^■''2- 
ton, sixteen thousand dollars, if so much be necessary ; for the .sup- ^— "v"'*-^ 
port of the Arsenal and Military School, at Columbia, eij,dit 
thousand dollars, if so mucli be necessary ; and the Arsenal School 
at Columbia, and Citadel School, at Charleston, shall be under the 
direction of the Board of Visitors of the said school, so that their 
support shall not exceed the appropriations respectively ; for the Mili- 
tary Accounts, as agreed to by both branches of the Legislature, one 
hundred dollars, if so much be necessary ; for the Military contin- 
gencies, five thousand dollars, to be drawn and accounted for 
as directed by the Legislature; for defraying the expenses of 
Artillery Companies throughout the State, fourteen hundred dollars, 
if so much be necessary, to be drawn and applied in the manner 
prescribed by the Act in relation to that subject ; for the Quarter- 
master General, five hundred dollars ; for the services of the Secre- 
tary of State, during the ensuing year, for all services in issuing all 
military commissions, and in lieu of any charge against the State 
for commissions for civil offices, eight hundred dollars, to be paid as 
other salaries are directed to be paid by law ; for additional appro- 
priation for the support of Military Academies at Charleston and 
Columbia, three thousand dollars. 

Vni. For Okdinary Local Expenditures. — For the support ordinary lo- 
of the transient poor of Charleston, four thousand five hundred cai expendi- 
dollars, to be paid to the City Council of Chaileston, and accounted 
for by them to the Legislature ; for the salary of the Port Physician 
in Charleston, including boat hire and other incidental expenses, 
eight hundred dollars; for the execution of the Quarantine Laws at 
Charleston, one thousand dollars, if so much be necessary, to be 
paid to the City Council of Charleston, and expended under their 
direction ; for the salary of the Superintendent of the Fire Proof 
Building, in Charleston, during the present year, one hundred dol- 
lars ; for the support of the transient poor of Georgeiown, five hun- 
dred dollars, to be expended by the Commissioners of the Poor of 
Winyaw, to be accounted for by them to the Legislature; for the 
salary of the Pilot of the harbor and bar of Georgetown, three hun- 
dred and twenty dollars ; for aiding the support of a ferry on 
Elliott's Cut, two hundred dollars, subject to the order of the 
Commissioners of Roads for St. Andrew's Parish. 

IX. For Public Buildings. — For a court house and jail at Public buiid- 
Abbeville, thirteen thousand dollars; for improving the court house ^^^^' 

at Orangeburg, three thousand five hundred dollars; for a Portico 
to the court house for Pickens District, two thousand dollars; for 
remodeling the court house for Anderson District, two thousand 
five hundred dollars; for additional appropriations for building 
court house of Marion District, two thousand five hundred dollars; 
for purchasing a lot for jail and building a jail for Kewberry Dis- 
trict, ten thousand dollars; for purchasing a court hou.*e lot for 
Chester District, two thousand eight hundred dollars, to be drawn 
and expended under the direction of the respective Boards of Com- 
missioners of Public Buildings of those Districts; for the new jail 
for Edgefield District, five thousand dollars, to be drawn and ex- 
pended by the Commissioners of Public Buildings for that District. 

X. For the support of the Catawba Indians, fifteen hundred dol- di!Ls. ''^^^^~ 



132 . STATUTES AT LARGE 

A. D. 1852. ]ars, to be paid to the order of the Indian Agent; for extra services 
^~"~^^^~^ of Assistant Clerk of the House of Representatives, at the present 
House^'^ °^ ^^"^ session, in addition .to the usual compensation, one hundred dollars; 
Lunatic Asy- for the erection of a building or buildings on the lauds of the Lu- 
^"™- natic Asylum, upon its eastern side, and for the enlargement of the 

grounds of the said Asylum, the sum of thirty thousand dollars; 
Fire proof ^^^^ the erectiou of the Fire Proof Building, at Columbia, fifty thou- 
buiidiiig. sand dollars, to be subject to the orders of the Commissioners ap- 

pointed to take charge of the said Fire Proof Building. 

Extraordinary XI. FOR EXTRAORDINARY EXPENSES. — For the building of a 

expenses. j^^jj ^^^ ^j^^ exhibitions of the South Carolina Institute, the sum of 

ten thousand dollars, to be paid as follows; five thousand dollars 
when the contract is made and the building commenced, and the 
balance of five thousand dollars Avhen the Governor certifies that 
the building has been completed and made ready for the purpose 
for which it is to be erected: Provided, however, That the sum of ten 
thousand dollars be raised by the Institute for the same purpose 
from other sources : And provided, also, That in the event of the 
dissolution of the corporation, or the forfeiture of its charter, the 
State shall have a lien upon the hall proposed to be erected, to the 
extent of the present appropriation ; for office rent of L. J. Jones, 
Commissioner in Equity of Newberry District, one hundred and 
twenty five dollars; for office rent of James Bonds, Sheriff of New- 
berry District, one hundred and eighty-three dollars and thirty- 
three cents; for office rent of Burr J. Ramage, Clerk of the Court 
of Newberry District, one hundred and fifty dollars; for office rent 
of E. P. Lake, Ordinary of Newberry District, ninety-seven dollars 
and fifty cents. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and indepen- 
dence of the United States of America. 

ROBT. F. ^Y. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4076. AN ACT to Abiend the Charter of the Wilmington and 

Manchester Railroad Company. 

I. Be it enacted by the Senate and House of Representatives, 
now met and sitting in General Assembly, and by the authority of 

Charter ai- the same, That the charter of the Wilmington and Manchester 
tered. Railroad Company be so altered and amended as to authorize the 

said company to build a road, or to extend their present road to 
some point on the Columbia branch of the South Carolina Rail- 
Consent of road, but not to touch the said Columbia branch, without the con- 
roatfi-e^i^ed." scnt of the South Carolina Railroad Company. 

II. That the said company, as to the said portion of road so to be 
built or extended, as authorized in the first Section of this Act, have 
the same rights, privileges and immunities as they now have under 



OF SOUTH CAROLINA. 133 

their charter, granted by an Act of the General Assembly of tliis ^- ^- ^852. 

State, and ratified on the eighteenth day of December, in the year ^""^v~~' 

of our Lord one thousand eight hundred and forty-six, and that the 

portion so made or extended, of said road, be a part and parcel of 

the said Wilmington and Manchester Kailroad, under the same Same terms 

terms and rights as are now owned by virtue of said charter, by "'"^ >"ights. 

the said Wilmington and Manchester Kailroad Company. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fiily-two, and in 
the seventy-seventh year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



I 



AN ACT TO Alter the Sittings of the Courts of Law on the No. 4077. 
Northern Circuit. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 

same. That hereafter the Courts of Common Pleas and General Courts of Com- 
Sessions for the several Districts within the Northern Circuit, here- General* Ses- 
after shall be held at the times following instead of the times now sions. 
provided by law, that is to say: For the District of Union, on the 
first Monday in March and October in every year, to sit one week 
at each term ; for the District of York, on the second Monday in 
March and October in each and every year, to sit one week at each 
term ; for the District of Lancaster, on the third Monday in March 
and October in every year, to sit one week at each term ; for the 
District of Chester, on the fourth Monday in March and October 
in every year, to sit one week at each term ; for the District of Fair- 
field, on the first Monday after the fourth Monday in March and 
October in every year, to sit one Aveek at each term. 

II. That all the writs and process which shall have been made w.-t, 
returnable t6 the Courts of any of the said Districts at the times process return- 
heretofore provided by law, shall, respectively, be legal and valid, '*'^^^- 

to all intents and purposes, for the Courts next to be held in the 
said Districts respectively, according to the provisions of this Act; 
and that all persons who have been summoned or may hereafter be 
summoned to attend the Courts of any of the said Districts as jurors Jurors and 
or witnesses, or who now are or shall hereafter be bound in recog- "^iti^^^^e^*- 
nizan^e to appear at any of the said Courts at the times now pro- 
vided by law, shall be and are hereby required to attend and appear 
at the Courts of tlie said Districts respectively, next to be held 
according to the provisions of this Act. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and in 
the seventy-seventh year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 




STATUTES AT LARGE 



4078. AN ACT to Incorporate Certain Towns and Villages, 
AND to Renew and Amend certain Charters hereto- 
fore granted. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That the charter of the town of Spartanburg be, and the same 

Time of dec- ^^ hereby, SO amended as to change the time for holding the election 
tion in Spar- for Inteudant and Wardens in said town, from the first Monday in 
urg. September to the second Monday in September, and the said elec- 

tions shall hereafter be held annually on the second Monday in 
September, and that the Intendant and Wardens now in office do 
retain and hold their said offices until the second Monday in Sep- 
tember, in the year of our Lord one thousand eight hundred and 
fifty-three. 

II. That the Intendant and Wardens of the said town of Spar- 
tanburg shall hereafter have power to make and ordain all such 
by-laws and ordinances as they may deem needful and proper for 

Slaves and the good government of all slaves and free persons of color within 
free persons, the limits of the said town. 

Fro"-Lev 1- ^^^' ^^^^ ^^^ Intendant and Wardens of the village of Frog 
power "to make Level, from and after the passing of this Act, shall have power to 
^'^^®' make all by-laws and ordinances for the peace, health, order and 

Penalties, g^od government of the same, and to impose fines and penalties for 
the breach and non-observance thereof, not inconsistent with the 
laws of the land : Provided, Such fines and penalties shall in no 
case exceed the sum of twenty dollars for any one oflTence against 
the same; and the said Intendant and Wardens shall also have the 
exclusive power to grant licenses for the sale of spirituous liquors 
within the said village, according to the laws of this State : Provi- 
ded, That the sums of money paid for the said licenses shall in all 
To be paid to *^^^^^ ^^^ P^i^ ^ver by the said Intendant and Wardens to the Com- 
Com. of Roads, missioners of Roads for Newberry District. 

IV. That from and after the passage of this Act all persons, citi- 
zens of this State, or of the United States, now owning or occupying 
Adams' Run. dwelling houscs, or residing in the village of Adams' Run, during 
the season that persons resort thither for health, shall be deemed, 
and are hereby declared, to be a body politic and corporate by the 
name of the village of Adaraia, the limits and bounds of the said 
village to be one mile square, to be marked and designated by the 
Intendant and Wardens of the said village ; and shall be governed 
by an Intendant and four Wardens, to be elected by the free white 
male corporators of the said village of the age of twenty-one years. 
Election to be on the first Monday of June, in the year of our Lord one thousand 
eight hundred and fifty-three, and on the same day in each year 
thereafter; the Managers to hold the said election to be three in 
number, and to be nominated in the first instance by the Delegates 
for the Parish of St. Paul's, and annually thereafter by the Intend- 
Powersof ant aud Wardens; and the said Intendant and Waidens shall have 
Wardens.* ^^^ power to make by-laws and ordinances for the good government of 
the said village, and for the preservation of the health of the same, 



OF SOUTH CAROLINA. 135 

and to impose fines and penalties foi' the breach or unobservance A- ^- ^^52. 

thereof, not exceeding twenty dollars for any one offense ; and the """" v""^ 

said lutendant and Wardens shall be severally vested with all the 

powers of Magistrates within the corporate limits of the said village, 

except for the trial of small and mean causes ; and the said Intend- 

ant and Wardens shall have power to appoint Constables, who shall 

have all the powers and privileges, and be subject to all the duties 

and regulations now imposed by law, within the limits of the said 

village; and the said Intendant and Wardens shall also have power 

to abate and remove nuisances within the limits of the said village. 

V. That this Act be taken and deemed a public Act. Public Act. 

VI. That the charter of the village of Laurensville heretofore charter of 
passed, be, and is hereby, continued of force for the term of twenty- Laurensville 
one years, and that the Intendant and Wardens of the said village ^®'^®^® 
shall be authorized to levy and collect an annual tax on all lots. Taxing powers. 
lands and buildings within the corporate limits of said village, not 
exceeding twelve and a half cents ad valorem on every hundred dol- 
lars of the value thereof, and an annual tax on all other property, 

free persons of color, employments^ faculties and professions, not 
.exceeding in any one year twenty per cent, on the State tax of the 
preceding year : Provided, That no lands or slaves employed ex- 
clusively for agricultural purposes shall be subject to taxation. 
And the said Intendant and Wardens shall also have power to im- 
pose and collect an annual tax on all pleasure carriages, barouches, 
omnibuses, drays, carts and wagons used for hire or public employ- 
ment in said village, not exceeding one dollar in any one year. 

VII. That all free white persons, citizens of the United States, 

who have resided six mouths in the town of Williamston, shall be _TownofWii- 
deemed and are hereby declared to be a body politic and corporate, ^^^^ °°" 
and the said town shall be known and called by the name of Wil- 
liamston, and its corporate limits shall extend one mile in every Extent of 
direction from the railroad dej^ot about to be established in the said limits, 
town, and the said corporation is hereby invested with all the pow- p 
ers and privileges, and subject to all the restrictions as are conferred 
on the corporation of the village of Anderson by the Act of the 
General Assembly heretofore pass'ed incorporating said village, and 
that the charter of the said town of Williamston be continued for 
the terra of twenty-one years. 

VIII. That S. C. Ford, S. T. Gail lard, J. Rees Ford, John P. 
Ford, J. R. Sparkman, George T. Ford, and all others who now or 
hereafter may own any lot or lots in the summer settlement in the 
District of Georgetown, generally known as Flantersville, within 
the space of one mile square, the precise boundaries thereof to be 
fixed and distinctly marked by the said persons hereby incorporated, 
be, and they are hereby, declared a body politic and corporate, by 

the name and style of the Flantersville Society, and by the said piantersviiie 
name may sue and be sued in any court of law or equity in this Society. 
State ; and the said societ}' shall have power to make and use a com- To use a seal. 
mon seal, and the same to alter at pleasure, and also to make by- 
laws for the good management of their affairs, and the preservation 
of the health of Flantersville, within the limits aforesaid, and fines To lay fines, 
and penalties for the breach and non-observance thereof to impose 



136 STATUTES AT LARGE 

A. D. 1&52. and recover against the members of the said society, not exceeding 
^'"""v-^-^ twenty dollars for any one offense. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4079. AN ACT to Extend the Charter of the Bank of the 

State of South Carolina. 

I. Be it enacted by the Senate and House of Representatives, now 

met and sitting in General Assembly, and by the authority of the 

same. That from and after the expiration of the present charter of 

the Bank of the State of South Carolina, the same shall be, and is 

hereby, extended until the first day of January, which shall be in 

the year of our Lord one thousand eight hundred and seventy-one. 

„ . II. That the said bank shall not have authority at any time to 

scribe to banks make any subscription to the capital stock of any railroad or other 

or railroads. work of internal improvement within or without the limits of this 

State, unless by the permission of the Legislature. 

in. That the fifth Section of an Act, entitled "An Act to estab- 
Fifth Section lish a bank, on behalf of and for the benefit of the State," be, and 
the same is hereby, repealed. 

IV. It shall not be lawful for said bank, except in settlements 
Not to pay ^^^^^ Other banks, to pay, or deliver out in payment or satisfaction 

out bills of of any demand upon it, or by way of loan or discount, any bill, 
note, check or other paper of any other bank. 

V. That it shall be the duty of the President and Directors of 
the said bank, whenever any part of the funded debt of the State, 
(except the three per cent, stock,) can be purchased at or under par, 

Sinking Fund, to purchase the same on account of the sinking fund ; and hereafter 
Profits, how the profits of the bank, as they are annually ascertained and carried 

disposed of. ^^ ^j-^g credit of the sinking fund, shall be disposed of in the follow- 
ing manner, that is to say : They shall be invested in the purchase 
of the funded debt of the State, (except the three per cent, stock :) 
Proviso. Provided, The same can be obtained at or under par. And in case 
the said profits, or any part thereof, cannot be invested as aforesaid, 
within six months after having been ascertained and carried to the 
credit of the sinking fund, then it shall be the duty of the President 
and Directors of the bank to invest the same in the purchase of the 
three per cent, stock of the State: Provided, The same can be ob- 
tained at a rate not exceeding sixty-four per cent., or in bonds, notes 
or other obligations, made payable not more than six months after 
date, and secured by pledge of three per cent, stock of the State, at 
a rate not exceeding sixty-four per cent., or other funded debt of the 
State, not above par, or other good and safe stocks readily converti- 
ble into cash, which shall be taken at a rate not exceeding ninety 



OF SOUTH CAROLINA. 137 

per cent, of their par value ; and also not exceeding ninety per cent. A. D. 1*52. 
of the current price at -which they are saleable at the time of taking *'~"~v-"~^ 
such pledge. And it shall also be the duty of the said President 
and Directors to cause the account of the sinking fund to be kept 
in such manner as to show at all times what particular bonds, notes, 
stocks and other securities belong to the said fund. 

VI. That from and after the first day of July next any person or 
persons, corporation or body politic, who shall within this State, di- der five dollars 
rectly or indirectly, pay out, pass or put in circulation, or cause to to be issued. 
be paid out, passed or put in circulation, any bank note, bill, certifi- 
cate or acknowledgment of indebtedness whatsoever, purporting to 
be a bank note, or of the nature, character or appearance (jf a bank 
note, of a less amount or denomination than five dollars, issued or 
purporting to be issued, by any bank, or person or association of 
persons, in any other State, shall be subject to the payment of twenty 
dollars, to be recovered by action of debt at the suit of the State, 
and appropriated one-half to the informer, and the other to the 
maintenance and repair of the public buildings in the District where 
the action is brought. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



Regiment. 



AN ACT TO Exempt the Surviving Officfes and Membees No. 4080. 
OF THE Palmetto Regiment from Ordinary Militia Duty. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That the surviving officers and members of the Palmetto _ _ Palmetto 
Regiment be, and they are hereby, declared to be exempt from the 
performance of ordinary militia duty. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and indepen- 
dence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT to Incorporate Certain Religious AND Charitable No. 4081. 
Societies and Societies for the Advancement of Edltca- 

TION, AND TO ReNEW THE CHARTERS OF OtHERS HERETOFORE 

Granted. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 



138 STATUTES AT LARGE 

A. D. 1852. same, That all free white persons Avho now are or hereafter may be- 

"""""N^ ' come members of the following religious Societies, to wit: TheSpar- 

Reiigiousand tauburg Baptist Church, at Spartanburg Court House; the Buck 

other societies Creek Baptist Church, in Spartanburg District; the Friendship 

incorporated, -r, .■ . riu i o ^ i Vw . • , i -1-.1 /-< -r, • '■ 

Baptist Church, Spartanburg District; the Pleasant Grove Baptist 
Church, Edgefield District; the Shady Grove Baptist Church, of 
Anderson District; the Baptist Church of Columbia, South Caro- 
lina; the Head Spring Church of the faith of the Associate Re- 
formed Church of the South; the Cannon's Creek Church of the 
faith of the Associate Reformed Church of the South ; Prosperity 
Church of the faith of the Associate Reformed Church of the 
South; the Protestant Episcopal Church of St. Luke's, Newberry; 
Zion's Evangelical Lutheran Church, in Charleston, be, and the 
same are hereby, declared and constituted bodies politic and corpo- 
rate by the name and style to each hereinbefore respectively as- 
signed. 

IL That Cranmore Wallace, Paul T. Keith, William Dehon, 
William B. W. Howe, J. W. Simmons, Christian Hauckel, Daniel 
E. Huger, Edward Frost, William Aiken, J. M. Campbell, Edward 
B. White, Charles D. Carr, William Patton and Jacob K. Sass, at 
Church Home, present members of the Council of the Church Home, an institution 
connected with the Protestant Episcopal Church in this State for 
the support of destitute females and orphan girls, and their succes- 
sors in office, be, and the same are hereby, declared and constituted 
a body politic and corporate by the name of the Church Home. 

III. That the said churches, societies and associations shall have 
successors of trustees, vestry and wardens, officers and members, 
according to their respective by-laws, and shall have power respec- 
tively 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 

privUelei^ ^^^ every right, power and privilege incident to such incorporations, 
and they are hereby empowered to hold, retain, possess and enjoy 
all such property, real and personal, as they may now severally 
have ajid possess, or be entitled to, or which shall hereafter be given, 
bequeathed, or devised to them respectively, or in any manner ac- 
quired by them ; and to sell, alien or transfer the same, or any part 
thereof: Provided, That the amount so held shall in no case exceed 
the sum of twenty thousand dollars, except the Church Home, 
which may hold property to the amount of two hundred thousand 
dollars. 

IV. That the Hon. John B. O'Neall, the Hon. Job Johnston, Dr. 
Pressly B. Ruff", Simeon Fair, Francis B. Higgins, Robert Stewart, 
Edward Y. McMorris, William H. Hanington, Silas Johnston, 
Robert B. Holmon, William W. McMorris and Gen. James H. 
Williams, and their successors, be, and they are hereby, created and 
declared a body corporate and politic, by the name and style of 

The New- the Newberry Cemetery Association, for preservation, regulation 

1*6^1"^ As^ocia- ^^^ improvement of the burial grounds in the vicinity of the vil- 

tion- lage of Newberry, consisting of a lot of one acre, more or less, 

dedicated by George JNIcCreliss for the purpose of sepulture, and a 

lot of two acres, more or less, contiguous to the above, conve3'ed by 

John Caldwell to the Town Council of Newberry, for the same pur- 



OF SOUTH CAROLINA. 139 

pose; and that the said Newberry Cemetery Association have all ^- ^- 1*52. 
powers necessary for the preservation, regulation and improvement ^^^v'"^ 
of the said grounds for the purposes aforesaid, and all other pow- 
ers, privileges and immunities of bodies corporate and politic for- 
ever, with the power of supplying any vacancies in their own body, 
occasioned by the death, resignation or removal from office, or from 
the State, of any of their members; and with the privilege of own- 
ing property, real, personal or mixed, of the value, at the time of 
acquisition, of twenty thousand dollars: Provided, always, That no 
part of the grounds aforesaid, dedicated or conveyed by the said 
George McCreliss and John Caldwell, shall, on any pretence, be 
made subject or liable for the debts of the said corporation, and 
they are hereby declared forever and entirely exempt from liability 
therefor. And the Town Council of Newberry be, and they are 
hereby, authorized and empowered to convey to the said corporation 
the said grounds, dedicated and conveyed as aforesaid by the said 
George McCreliss and John Caldwell for the purposes aforesaid. 

V. That the charters of the Episcopal Church of All Saints, the 

All Saints Academy, the Abbeville School Association, be, and the Charters re- 
same are hereby, renewed, with all the rights, powers and privileges "^wed. 
heretofore granted to them respectively; and that all the acts done 
by the Abbeville School Association, in accordance with their said 
charter, since the twenty-first day of December, in the year of our 
Lord one thousand eight hundred and fifty, when the same expired 
by its own limitation, be, and the same are hereby, declared to be 
legal and valid. 

VI. That this Act is hereby declared to be a public Act. Public Act. 

VII. That D. S. Henderson, E. J. AVebb, Samuel Sampson, B. Trustees of 
P. Fishburne, Burrell Sanders, Joel Lariscy and W. C. P. Bel- y„|j},);,^,^.'^°™' 
linger, be appointed Trustees of the Walterborough Academy, with 
all the rights, privileges and immunities to said Academy heretofore 
belonging. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and in 
the seventy-seventh year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



Academj-. 



AN ACT TO Incorporate the Carolina Mutual Insurance No. 4082. 
Company of Charleston. 

I. Be it enacted by the Senate and House of Representatives, 
now m«t and sitting in General Assembly, and by the authority of 
the same, That all persons who shall become members in the man- 
ner hereinafter prescribed, shall thereupon become, and they and 
their successors shall be one body politic and corporate, under the 
name, style and title of the Carolina ^Mutual Insurance Company 
of Charleston. 



140 STATUTES AT LARGE 

A. D. 1852. ii^ That every person insured in this Company shall be deemed 
*^" V-"— ' a member thereof, and shall continue a member thereof during the 
Members, continuance of such insurance. 

One hundred HI. That as soon as one hundred persons shall subscribe their 

requii . names to an agreement to become insured by the said company the 

same shall go into operation; but if, at anytime thereafter, the 

members amount to less than one hundred, the said company shall 

immediately cease and determine. 

IV. That the said company,. under its name, shall have succes- 
Powersand sion of officers and members, and all the powers, privileges and 

privileges. franchises incident to a corporation, 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 invest- 
ing, 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, implead 
and be impleaded, answer and be answ'ered 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 em- 
povvered to appoint a Board of Directory, to consist of a President, 
a Secretary, a Treasurer and six Directors, at such periods and with 
such duties as the)"^ shall see fit; and also to make rules, by-laws 
and ordinances, and do everything needful for the good government 
and support of the affairs 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. 

V. That the said corporation shall have a right and power to 
purchase, acquire, take and hold, in the said corporate name, lands 

^ and real estate, and the same lo demise, grant, sell, lease, assign and 

Proviso. convey in fee simple or otherwise: Provided, The clear yearly in- 
come of the real estate so to be held shall not at any time exceed 
ten thousand dollars. 

VI. That the said corporation shall, by their said name and by 
the signature of their President, for the time being, or by the signa- 
ture of such other person or persons, and with such ceremonies of 

Business pow- authenticity as they shall from time to time, and by their rules and 
by-laws, ordain and appoint, have a right to make contracts 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 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 



ers 



OF SOUTH CAROLINA. 141 

upon bottomry or respondentia, to make insurance on lives, to grant ^- ^- ^^^-^ 
and purchase annuities, to lend money on the security of real and ^'"^"V"^ 
personal {)roperty, or either, or on bonds, bills or promissory notes, 
to make any other contingent contra(!t 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 mer- 
chants, 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. 

VII. That in case any accident occurs, and the damage has been 
ascertained, it shall and maybe lawful to and for the said Board of 
Directors, if they shall deem the same necessary, to assess all the Authorify to 
members according to the amount and rates of their insurance; one bl^j-s!'' "^^'"" 
month'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. 

VIII. That in all elections in the said company each member 
thereof shall be entitled to one vote, and all elections shall be con- Votes. 
ducted by ballot. 

IX. That this Act shall be deemed a public Act, and be in force 
for twenty-one years. chamr 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



Term of the 



AN ACT TO Appropriate the sum of Three Thousand No. 4083. 
Five Hundred Dollars for the Erection of a Suit- 
able Building for the Education of the Deaf and 
Dumb of this State, at Cedar Springs, in Spartan- 
BtFRG District. 

I. Be it encided by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That the sum of three thousand five hundred dollars be, and Three thous- 
the same is hereb}', loaned and appropriated out of any nmney in ■'"id five hun- 
the Treasury for the erection of a suitable building or buildings at approrria°ed." 
Cedar Springs, in Spartanburg District, for the education of the 
deaf and dund) of this State, to be drawn and applied by N. Pinck- 
ney AValker, the principal of the Deaf and Dumb Asylum aforesaid, 
as hereinafter provided. 



142 STATUTES AT LARGE 

A. D. 1R52. Ji That as soon as the said N. Piuckney Walker shall have •■ 
^""'^'""^ given bond to the State of South Carolina for the aforesaid sum of 
three thousand five hundred dollars, payable at the end often years, 
without interest, and shall have secured the payment of the same 
by the mortgage of real and personal property of the value of five 
thousand dollars, to be approved of and assessed by Robert White, 
Simpson Bobo and James W. Cooper, who are hereby appointed 
Commissioners in behalf of the State for that purpose; and the said 
mortgage shall have been duly authenticated and recorded, and the 
form and execution of the said bond and mortgage shall have been 
approved by the Attorney General, or one of the Circuit Solicitors, 
and deposited in the office of the Treasurer of the Upper Division, 
paid. ^° ^° then the said Treasurer shall be, and he is hereby, authorized and 
required to pay to the said N. Pinckney Walker, upon his draft, the 
aforesaid sura of three thousand five hundred dollars, to be applied 
by him to the erection of such building or buildings as he may deem 
necessary and proper for the purpose aforesaid. 

III. That the acceptance of the said sum of money, upon the 
terms herein set forth, by the said N. Pinckney Walker, shall ope- 

Mortgage, rate, ijiso facto, as a mortgage of the building or buildings to be 
erected, and the premises upon which they may be situated, to the 
State of South Carolina ; and it shall not be lawful for the said N. 
Pinckney Walker to appropriate the said sum of money, or any 
part thereof, to any other purpose whatever than to the erection of 
the building or buildings aforesaid ; and upon information being 
made to the Attorney General, or any one of the Solicitors, that he 
has otherwise appropriated the same or any part thereof, it sliall be 
the duty of such Attorney General or Solicitor to institute proceed- 
ings forthwith upon the bond of the said N. Pinckney Walker, upon 
which, judgment and execution may be awarded by any of the 
courts of this State, without regard to the time the said bond may 
have to run. 

IV. That if the said N. Pinckney Walker shall, at any time 
within said term of ten years, neglect or refuse to carry on, keep 
and conduct the said school for the education of the deaf and dumb, 
or to cause to be properly carried on, kept and conducted, the said 
institution, at the same rates of tuition now fixed, or that hereafter 
may be fixed by the State for the beneficiaries of said school, the 
said sura of money hereinbefore authorized to be loaned shall 

Penxity. thereupon become due to the State, and it shall be the duty of any 
one of the Solicitors of this State, upon being informed of such 
failure on the part of said N. Pinckney Walker, to institute pro- 
ceedings in any Court having jurisdiction for the collection of the 
same. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and in 
the seventy-seventh year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



OF SOUTH CAROLINA. 



143 



AN ACT TO Prevent Obstructions to the Passage of Fish a. d. 1852. 
UP Lynch's Creek, ^-— k,,—-^ 

No. 4084. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 

same, That any person or persons who now have or hereafter niay obstructions. 
erect any oblique or other stationary hedge or hedges, or other tem- 
porary or permanent obstruction of any name or kind whatsoever, to 
the free passage of fish up Lynch's Creek, otherwise, near its mouth, 
called Clark's Creek, from its junction with the Great Pee Dee 
River, or who shall run two seines at one time, at or near the same 
place, or who shall erect or run a single seine of such length or in 
such oblique direction as to prevent the free passage of fish as afore- 
said, or who shall open a new channel or channels for the said 
creek, and erect any such obstructions in or across the channel or 
channels thus opened, although a passage of fifteen feet may appa- 
rently be left unobstructed, all such person or persons shall be sub- 
ject to indictment in the Court of Sessions, and, upon conviction, 
shall be punished by fine or imprisonment, or both, not exceeding Penalty, 
five hundred dollars' fine and six months' imprisonment. 

II. That all owners or occupiers of lands situated upon the said 
Creek, who shall wilfully and knowingly permit or suffer the erec- 
tion of any such obstruction as aforesaid to the free passage of fish 
up said creek, such owner or owners shall be subject to indictment 
and punishment upon conviction as those who shall be convicted of 
erecting, maintaining or using the said obstructions. 

III. That one-half of all fines imposed by virtue of this Act shall Fines, how 
go to the informer, (who shall be a competent witness to prove the disposed of. 
offense,) and the other half to the Commissioners of Public Build- 
ings of the District in which the conviction shall be had. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Incorporate Johnson Female University. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authoity of the 
same. That Elias Earle, G. P. Reed, Daniel Brown, O. R. Broyles, 
P. S. Vandiver, Fleetwt)0(l Rice, J. C. Griffin, Stephen McCully, 
V. D. Fant, Elias John Earle, Amaziah Rice, John B. Sloan, B. F. 
Mauldin, AVilliam S. Grisham, Thomas P. Brochman, Oliver E. 
Edwards, John Belton O'Neall, William A. Owens, B. C. Pressley, 
Iverson L. Brooks, J. R. Kindrich, J. P. Boyce, Stanmore B. 
Brooks, John Brownlee, David S. Taylor, Warren Drummond, 
James Latimer, Toliver Robinson, L. C. Hinton, A. Haz-diu and 



No. 4085. 



Trustees 



144 



STATUTES AT LARGE 



A. D. 1S52. Thomas Ray, and their successors in office, be, and they are hereby, 
'^■^^'-r^'—^ created and constituted a body politic and corporate, by the name 
and style of the Trustees of Johnson Female University, a semi- 
nary of learning for females, situated in the town of Anderson, in 
the State of South Carolina. 

II. That the said Trustees shall, by their corporate name and 
style aforesaid, have perpetual succession of officers and members, 

Powersand ^nd shall be Capable and liable in law and ecjuity to sue and be 
privileges. sued, plead and be impleaded in any Court of law or equity in this 
State, to use a common seal, and the same to change at will, and to 
make such by-laws and rules for the regulation and government of 
themselves and the said University as they may deem necessary: 
Provided, Such by-laws, rules and regulations be not repugnant to 
the Constitution and laws of this State, or of the United States. 

III. That the said Board of Trustees are and shall be authorized 
to appoint such officers as they may think proper for the organiza- 
tion and government of their own body, and also all the officers, 
professors, tutors, and instructors of and in said University, and to 
remove the same at pleasure, and to exercise such general control 
and supervision over the officers, instructors, affairs and government 
of said University as they may deem advisable. 

IV. That the said Board of Trustees, in order to raise a compe- 
tent endowment therefor, shall have power aud authority to sell 

Scholarships, and dispose of scholarships in said University, for such time and 
upon such terms as they may deem proper, and to issue certificates 
for the same under their corporate seal, and to confer and award all 
such distinctions, honors, licenses and degrees as are usually con- 
ferred and awarded in the female colleges and universities of the 
United States. 

V. That the said Trustees and their successors shall have and 
hold all the estate, property and funds now belonging to the said 
University, and all property, funds, money, donations, legacies and 
devises which may hereafter be granted, conveyed, bequeathed and 
devised, or given to said University, in trust, nevertheless, for the 
use and benefit of said University. 

VI. This Act shall be deemed and taken to be a public Act and 
continue in force for the term of twenty-one years. 

In the Senate House, the sixteetnh day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, aud in 
the seventy-seventh year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



Degrees. 



■ To hold pro 
perty. 



Limit of char 
ter. 



No. 4086. AN ACT to Amend an Act Entitled "An Act to Incorpo- 
rate THE Commercial Insurance Company." 

I. Be it enacted by the Senate and House of Representatives, now 
met and .sitting in General Assembly, and by the authority of the 



i 



OF SOUTH CAROLINA. 145 

same, Tliat the Commercial Insurance Company, incorporated by ^- ^- 1^52. 

Act of the General Assembly, on the twentieth day of December, ^ v ' 

in the year of our Lord one thousand eight hundred and fifty, shall 

have power to make contracts and underwrite policies of assurance Amendment. 

and indemnity upon marine risks, in the manner provided for in 

the seventh Section of said Act of incorporation upon vessels or 

goods and merchandise, lying or being, or laden upon or within any 

rivers, bays, creeks, canals or waters whatever and wheresoever, 

whether in this State or elsewhere. 

II. That said company shall have power to invest their surplus surplus funds. 
funds in any securities in which, by the provisions of the eighteenth 
Section of the said Act of incorporation, they are now authorized 
to invest the capital of said company; and whenever the surplus 
funds, invested as aforesaid, shall amount to the sum of fifty thou- 
sand dollars, the same shall be added to the capital stock of the 
said company, and certificates issued to the stockholders in propor- 
tion to the number of shares held by them respectively, of the par 
value of twenty-five dollars; and whenever thereafter the undivided 
surplus funds as aforesaid, with interest thereon, shall amount to 
the sum of fifty thousand dollars, the same shall, in like manner, 
be added to the capital stock aforesaid, and certificates of the same 
shall be again issued as hereinbefore provided for : Provided, That Proviso, 
the capital stock of the said company shall at no time be increased 
to an amount beyond five hundred thousand dollars. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. ^Y. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Authorize the State to Aid in the Construc- No. 4087. 
TiON OF the Pendleton Railroad. 

I. Be it enacted by the Senate and House of Representatives, now - 
met and sitting in General Assembly, and by the authority of the 
same. That whenever satisfactory proof is produced to the Comptrol- 
ler General that the sum of eighty-five thousand dollars is duly sub- 
scribed by responsible persons to the capital stock of the Pendleton 
Railroad Company, and that the said company has been duly or- 
ganized, he is hereby authorized to subscribe on the part, of the 
State, forty-two thousand five hundred dollars to the said capital o^ Forty-two 
said company, to be paid in the stock held by the State in the South ii\°n"ire"d £- 
Carolina Railroad company, equal at its par value to the said sum; Jars appropria- 
and that he take, in the name of the State, a certificate from the 
said company for that amount of stock, which said stock in the 
South Carolina Railroad Company shall be accepted by the said 
Pendleton Railroad Company for the said amount, without any re- 
course whatever against the State. 
vol. XII — 10 



ted. 



146 STATUTES AT LARGE 

A. D. 1852. Ii_ The subscription shall be paid in the manner and subject to 
'"""V"^ the terras and conditions hereinafter expressed. 

III. Whenever satisfactory proof shall be produced to the Comp- 
troller General that the sum of twenty thousand dollars shall have 
been paid by the stockholders, and expended in the construction of 
said road, the Comptroller General shall transfer and deliver to said 
company so much of the stock of the State in the South Carolina 
Railroad Company as shall amount, at its par value, to twenty 
Subscrip- thousaud dollars, and when similar proof shall be produced to the 
be paid! '" Comptroller General that twenty thousand dollars more shall have 
been paid in and expended as aforesaid, the Comptroller General shall 
transfer and deliver fifteen thousand dollars more of the said stock 
to said company, and iu the same manner the remaining subscrip- 
tion of seven thousand five hundred dollars shall be paid to the 
said company when the road shall be finished and in operation. 
The state not ^^' '^^® State shall iu no way whatever be liable for the debts 
liable for debts, and Contracts of the said railroad company. 

V. The State shall have the same right in the Company and in 
its management as is reserved to private stockholders, and the Gene- 
ral Assembly shall, at any time, have a right to examine into the 

Annual re- Condition of the said company, and the company shall, annually, 
nmde to^ Legi's- Submit to the Legislature a report exhibiting its condition and pros- 

lature. pects. 

VI. That it shall not be lawful for any company to prevent any 
Rail and ^^il or plaulc road company from crossing its main track or any 

plank roads to branch thereof, but said crossing shall be regulated between said 

cross o o 

companies on such terms and conditions as shall be reciprocally 
convenient to them, and at the same time conducive to the interest 
of the public. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and in 
the seventy-seventh year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
. JAMES SIMONS, Speaker House of Representatives. 



No. 4088. AN ACT to Incorporate the Fireman's Insurance Company, 

OF Charleston. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That the persons and bodies corporate who shall become 
stockholders in the manner hereinafter prescribed, and their succes- 
sors, shall be a body politic and corporate, under the name, style, 
and title of the Fireman's Insurance Company, of Charleston. 

II. The capital stock of said company shall be two hundred 
thousand dollars, to be divided into twenty thousand shares, of ten 
dollars each, and shall be raised in the following manner: The fol- 
lowing persons are appointed Commissioners to receive subscriptions 



ers. 



OF SOUTH CAROLINA. 147 

to the capital stock, to wit: William Adger, Samuel Y. Tiipper, A- ^- '^^''-■ 
R. Dewar Bacot, William C. Dagget, D. F. Armstrong, S. H. Kalb, ''■^^<~~^ 
J. S. Runken, William Wriglit, W, P. P. Patterson, A. F. W. ^Commission 
Abrams, James Gilliland, S. II. Oppenheim, R. M. Butler. The 
said Commissioners, or a majority of them, shall open books at 
Charleston, on the first Monday in February next, and receive sub- 
scriptions to the said stock: Provided, The said Commissioners shall Proviso. 
have given at least ten days' notice, by advertisement in two daily 
gazettes in the city of Charleston, of the time and place of receiv- 
ing the subscriptions, and shall require a payment of two dollars on 
each share to be made at the time of subscription therefor. 

III. The subscribers paying their subscription money respectively, 

shall form the company, upon complying with the conditions and Conditions. 
subject to the provisions hereinafter set forth. 

IV. The Fireman's Charitable Association and each fire company 
of the city of Charleston, which is now, or hereafter may be, incor- 
porated, shall be entitled to subscribe to, purchase and hold said 

stock in its own corporate name. The corporation of the city of Corporation 
Charleston shall have the privilege of subscribing for any number ^^y subscribe! 
of shares not exceeding two thousand, if their subscription be nuide 
within twelve months of the first opening of the books. 

V. No body politic or corporate, other than those named in the 
fourth Section of this Act, and the said insurance company itself, 

and no person other than a member of some fire company of Charles- Restrictions, 
ton, now or hereafter incorporated, the widows and orphans of the 
members of such fire companies (under certain conditions hereinaf- 
ter expressed) and the managers and assistant managers of fire en- 
gines under the control of the city of Charleston, shall be entitled 
to subscribe to, purchase, take or hold any share or shares, or any 
part of the capital stock of said insurance company, save only and 
except where purchases may be made at sales under an order of 
Court, or of insolvent estates, in which cases any purchasers at such 
sales may take and hold any shares purchased at such sales. If any 
individual stockholder shall cease to be a member of a fire com- 
pany he shall, within sixty days after, dispose of his stock to some 
person or body corporate, competent to take under this charter; in 
default of his so doing, the Directors of said insurance company, 
after ten days' notice in some one of the daily papers published in 
Charleston, shall sell the shares at public auction, transfer the stock 
to the purchaser, and pay over the nett proceeds to the former 
stockholders. In case of the death of any individual stocl'irtKilder, 
it shall be the duty of his executor or administrator, within two 
years after the grant of letters testamentary or of administration, 
to dispose of the said stock to some person or body corporate com- Sale of stock, 
petent to take un<ler this charter; and in default of so doing, the 
Directors of the said insurance company, after ten days' notice in 
some one daily paper published in Charleston, shall sell the shares 
at public auction, transfer the stock to the purchaser, and pay over 
the nett proceeds to the said executor or administrator. All sales 
so made by the Director shall be only to persons or bodies corpo- 
rate competent to take and hold such stock under this charter. 
But if any stockholder shall, at his death, leave surviving him a 
widow, she shall, so long as she may remain a widow, be entitled to 



148 STATUTES AT LARGE 

A. D. 18-52. }iq]j gucii stock as may be allotted her by devise or distribution of 
''^""'i^'-^ tlie estate. Should any stockholder leave a child or children, grand- 
child or grand-children, the child or children of a deceased child 
surviving him, such child or children, grand child or grand-children, 
shall be entitled to liold such stock as ma}"^ be allotted by devise or 
distribution of the e;state, the male children until they are of the 
age of twenty-one years, and the female until they are of the age 
of twenty-one years, and further until they marry. Where the 
widow and children are entitled to hold stock under this Section 
they shall, in all cases, have six mouths to dispose of their stock 
after their privileges shall cease as above provided, and if they do 
not within that time dispose of such stock, the Directors of the 
company shall proceed to sell the stock as provided for in other 
cases. 
Subscriptions ^^^- ^^ ^^ ^^^^ Opening of the books more than twenty thousand 
to stock. shares shall be subscribed, the Commissioners shall distribute the 

twenty thousand shares of which the capital stock is to consist 
among the subscribers as nearly as may be, in proportion to the 
number of shares subscribed for by them respectively, but subscrip- 
tions of twenty shares or less shall not be reduced unless the whole 
number of shares subscribed for cannot otherwise be reduced to 
twenty thousand. 

VII. In case the number of shares subscribed shall be less than 
twenty thousaud the Commissioners shall receive further subscrip- 
tions to make up that number at any time within one year after the 
first opening of the books. 

VIII. The said company, under its name, shall have succession 
Powers and of officers and members, and all the powers, privileges and fran- 

pnviieges. chises incident to a corporation, and shall be capable of taking, 
holding and disposing of their capital stock according to such rules 
and regulations as they shall from time to time establish, and also 
of taking, holding, disposing of, or investing the increase profit or 
emolument 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 by the name and title aforemen- 
tioned, shall be able and capable at law and in equity to sue and be 
sued, implead and be impleaded, answer and be answered unto in 
all manner of suits, pleas, demands and judicial proceedings what- 
soever. And they are authorized and empowered to appoint a Pre- 
Officers. sident. Directors, and other necessary officers, at such periods and 

with sgch duties as the said company shall see fit, and also to make 
rules and by-laws for the good government and management of the 
officers of the corporation : Provided, The said rules and by-laws 
shall not be repugnant to the Constitution and laws of this State 
and of the United States. 

IX. The said corporation shall have right and power to acquire, 
-dispose^of fe"ai purchase, take and hold, in its corporate name, lands and real estate, 
ce^tate. and the same to devise, grant, sell, assign, exchange and convey, in 

fee simple or otherwise : Provided, The clear yearly income of the 
real estate so to be held, shall not at any time exceed ten thousand 
dollars. 

X. The said corporation, in their said name, and by the signature 
of their President for the time being, or by the signature of such 



\ 



OF SOUTH CAROLINA. 149 

other person, and in such form and with snch ceremonies of authen- ^- ^- l^^^. 
tication as they may by their rules and bydaws direct, shall have a '^■" v""^ 
risrht to make contracts and underwrite policies of insurances and Contracts and 

. ^. . ■ n 11 1 -1 T 1 1 1 policies. 

indemnity against nre on all buildings, goods, wares and merchan- 
dise, and other property liable to destruction or accident by or from 
fire, or the elfects thereof, situate, lying, being, or deposited within 
the limits of the city of Charleston, and on all vessels of every de- 
scription, and their cargoes, lying at the wharves or within the har- 
bor of the city of Charleston, and to transact and perform all the 
business relating to such contracts or policies of insurance, as afore- 
said, according to the usage and custom of merchants, and by such 
contracts effectually to bind and pledge their capital stock. Every 
member of any of the fire companies, entitled to hold stock in this 
company, sha'l be entitled to eflfect insurances at a discount of five 
per cent, less than other persons. The said company shall be au- 
thorized to lend money on the security of real and personal property, 
bonds, bills or promissory notes ; but it shall not be lawful for the 
said company to lend money on the security of its own stock. 

XI. In case of any loss whereby less than one-third of the capi- f t u 
tal stock of the said company shall be lost during the continuance to be made up. 
of this charter, no dividend shall thereafter be made until the defi- 
ciency shall be made up by the stockholders or the company, or by 

the accumulation of the profits of its busiufss. 

XII. If the capital of the company shall be reduced by losses to 
less than two-thirds of the original capital stock the deficiency shall 
be made up by the stockholders in six months after such reduction 
shall occur, and in default thereof the affairs of the corporation shall 
be wound up, and they shall cease to do business, 

XIII. If the affairs of the corporation are not wound up as di- 
rected in the preceding Section, and they proceed with business, 

then the President and Directors shall be jointly and severally liable officers. ' ^*^' ° 
to make good all engagements of the company entered into after the 
reduction of the capital ; but nothing in this Section shall extend 
to any President or Director who shall dissent to the proceedings of 
the company in these particulars, and who shall enter his protest in 
the minutes of the Board, and publish the same in the daily ga- 
zettes of the city of Charleston, or who shall be absent from the 
State during the six months in which the deficiency of capital ought 
to have been made up. 

XIV. The said corporation shall be invested with full power to « i • , 
enforce upon their members the due observance of all rules and " *^"^" 
by-laws for the good government and management of the affairs of 

the company, under such penalties as in and by the said rules and 
by-laws shall be limited and appointed, and to this end, if need be, 
shall and may institute and maintain, in their corporate name, 
against anyone 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 mem- 
bers of the corporation. 

XV. In all elections and other corporate acts done by the stock- 
holders of the said company, every stockholder being the owner of 

five shares or less, shall liave one vote; every stockholder being the Votes. 



150 STATUTES AT LARGE 

A. D. 18:"2. owner of more than five shares shall have one more vote for every 
^~"""V^^ five shares between five and fifty shares, and an additional vote for 
every ten shares he may own over fifty shares, but no stockholder 
shall be entitled to more than twenty votes. 
Capital to be XVI. One moiety of the capital of the company shall be paid in, 
paid in to com- and Satisfactory proof thereof be furnished to the Comptroller 
m^ss."^ "^^' General before the said company shall be authorized to commence 
business, and the residue of the capital shall be paid in at sucli times 
and in such manner as the company may appoint, provided the 
whole shall be paid in within one year after they shall have com- 
menced business. 

XVII. The books of the company shall be examined from time 
examined by to time by such person or persons as the Legislature may fi)r that 
Legisiatm-e ^'^'^ purpose appoint, and tlie person so appointed shall have full power 

to compel the attendance of witnesses, and the production of books 
and papers, and to enquire into the management of the company. 
In case of abuse or violation of their charter, the said company may 
be proceeded against by scire facias in the Court of Common Pleas 
and General Sessions for Charleston District, and upon conviction 
shall be liable to have their charter annulled by the judgment of 
the Court. 

XVIII. At least half of the capital of the said company shall be 
Stock, how permanently invested in stock of this State, or of the city of Charles- 

to be invested, ton, or of the General Government, or in good stocks of incorpora- 
ted companies within this State, or in bonds secured by mortgage of 
real estate within the State, and the company may transfer and sell 
such stocks, or any part thereof, or dispose of or collect the said 
bonds for the purpose of re-investment whenever a due regard to 
the safety of its funds may require : Provided, however, That the 
said company shall not deal or trade in buying and selling any 
gooHs, wares, merchandise, commodities or stocks whatsoever. 

XIX. No dividend upon the capital of the company shall be de- 
clared exceeding twelve per cent.; any excess of profits above said 
per centage shall be carried to a surplus fund to meet losses and 
equalize dividends. In case the profits fall below the per centage 
above specified, the dividends may be increased to that rate from the 
surplus fund ; the interest upon the investment of said surplus fund 
may however be at all times added to the dividend and distributed 
among the stockholders. All fractional parts of a dollar received 
by the company in payment of premiums of insurance shall be ap- 
propriated by them to the Fireman's Charitable Association of 
Charleston : Provided, Such amounts shall not exceed the sum of 
five hundred dollars per annum. 

XX. This Act shall be deemed a public Act, and the charter 
hereby granted shall continue and be in force for twenty years, and 
no longer. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and in 
the seventy-seventh year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



OF SOUTH CAROLINA. 151 

AN ACT TO Charter the Lancaster Railroad Company. ^- ^- i^''-- 

I. Be it enacted by the Senate and House of Representatives, No. 4089. 
now met and sitting in General Assembly, and by the authority of 

the same. That for the purpose of establishing a communication by 
railroad from the village of Lancaster to connect with the South 
Carolina Railroad at Camden, or the Charlotte and South Carolina 
Railroad at Chesterville, or at or near Ridgeway, in Fairfield Dis- 
trict, or some other suitable point on said road, as may be agreed 
on by the stockholders, the formation of a corporate company is 
hereby authorized, to be called the Lancaster Railroad Company, 
which company, when formed in compliance with the conditions 
herein prescribed, shall have corporate existence as a body politic 
in this State. 

II. That for the purpose of raising the capital stock of the said 
company, it shall be lawful to open books at Lancaster Court House Books to be 
under the direction of Dixon Barnes, Thomas K. Cureton, James opened. 

H. "Witherspoon, Thomas W. Huey, William McKenna, W. C. 
Cauthen, John Adams, AV. A. Moore, H. R Price and James Robin- 
son ; at Camden, under the direction of John Rosser, W. Thurlow 
Caston and Enoch Tryon ; at Chester Court House, under the direc- 
tion of John A. Bradley, Samuel McAliley and C. D. Melton; at 
AVinnsboro', under the direction of Samuel G. Barkley, J. Z. Ham- 
mond and J. M. Rutland; at Columbia, under the direction of 
James V. Lyles, John Caldwell and John G. Bowman ; at Charles- 
ton, under the direction of S. S. Farrar, James S. Chambers and 
Frederick E. Eraser; and at any other place or places in the States 
of South Carolina or North Carolina, under the direction of Commis- 
sioners, to be named and designated by a majority of the aforesaid 
Commissioners hereby appointed at Lancaster Court House, for the 
purpose of receiving subscriptions, to an amount not exceeding 
three hundred thousand dollars, in shares of fifty dollars each ; to 
constitute a joint capital stock for the purpose of constructing and 
carrying into operation the railroad herein by this Act provided for; 
but if the capital stock of the company shall be found insufficient 
for the purposes for which said company is formed or incorporated, 
it shall and may be lawful for said company, at some general meet- 
ing, by a vote of the stockholders, from time to time, to increase 
the capital stock to an amount not exceeding four hundred thou- 
sand dollars, by the addition of as many shares as may be neces- 
sary for that purpose. That the times and places for receiving sub- 
scriptions shall be fixed by the Commissioners herein named at Lan- 
caster Court House, or a majority of them, and shall be advertised xotiee to be 
for thirty days in one or more newspapers in this State, and in the given of open- 
State of North Carolina, and the books for receiving subscriptions '"^ *^° ^* 
shall be kept open for sixty days, at each of the places where the 
same shall be opened. That on each share of the stock subscribed 
for, the subscriber shall pay to the Commissioners who shall take 
the same, the sum of two dollars and fifty cents in specie or the 
notes of specie paying banks — the said Commissioners giving a re- 
ceipt or certificate for the same, and ou non-payment of said instal- 
ment, the subscription shall be void, and at the expiration of the 
time hereby prescribed for keeping open the said books, the said 



152 STATUTES AT LARGE 

A. D. 1852. Commissioners and others shall deposit the sums received by them 
^■^^'^^r^''^ on the said cash instalment, in some specie paying bank in this 
State, and shall make a return of the subscriptions taken by them, 
and the suras paid thereon, to the Commissioners hereby appointed at 
Lancaster Court House; and the said company is hereby authorized 
to construct a railroad from the village of Lancaster to connect 
with the South Carolina Railroad at Camden, or the Charlotte and 
South Carolina Railroad at Chesterville or at Ridgeway, or to such 
other point on said road, and by such route as may be designated 
and determined by a majority of the stockholders in general meet- 
Proviso, ing: Provided, That in the event the route be determined by the 
stockholders shall run to any particular point herein designated, 
such persons who may have subscribed for stock in said company, 
to any route running to either one or both of the other points herein 
named, other than that which shall have been selected and deter- 
mined as the route of the road, may, if they choose to do so, with- 
draw their subscriptions. 
Ti fr^frv.v. III. It shall be the duty of the Commissioners, herein by this 

jjuiy 01 ijom- . /•! • f t 1 r- I • • 

missioners. Act appointed, and others, lor the opening 01 books or subscription 
for the capital stock of said company, at each of the places herein- 
before named, and to be designated by the Commissioners hereby 
appointed at Lancaster Court House, and at the times provided for 
by this Act, to open three sets of books; the one for subscriptions 
for the road by a route from the village of Lancaster to the town of 
Camden ; the other set of books for subscriptions for the said road 
by a route from the village of Lancaster to Chesterville; the third 
set of books fof subscriptions for the said road by a route from the 
village of Lancaster, passing near Liberty Hill, to connect with the 
Charlotte and South Carolina Railroad, at or near Ridgeway; and 
the route, or line of the road, shall be determined by the amount 
subscribed for each route, reference being had to the proportion 
which the probable cost of each route or line will bear to the amount 
subscribed for each route or line. 

IV. That whenever the sum of one hundred and fifty thousand 
dollars shall be subscribed for, in manner herein prescribed, to either 
one or all of the routes herein designated, the subscribers, their 

cons^kiered" as ^xecutors, administrators or assigns, shall be, and they are hereby 
incorporated, declared to be, incorporated into a company, by the name and style 
of the Lancaster Railroad Company, and may meet and organize 
the said company at such time and place as may be designated by 
a majority of the Commissioners herein named for the village of 
Lancaster. 

V. That for the purpose of organizing and forming this company, 
all the powers conferred by the charter of the Charlotte and South 
Carolina Railroad Company, on the Commissioners therein named, 
shall be vested in the Commissioners hereby appointed at Lancas- 

Powersand ter Court House; and all the powers, rights and privileges granted 
privileges. by the charter of the Charlotte and South Carolina Railroad Com- 
pany to that company shall be, and are hereby, granted to the Lan- 
caster Railroad Company, and subject to the conditions therein con- 
tained, except as to the amount of the capital stock, the amount 
and value of shares, and the sum necessary to authorize organiza- 
tion, and except in so far as the special provisions of this Act may 



OF SOUTH CAROLINA. 153 

otherwise require the same to be modified or varied ; and that this -^- ^- 1^52. 
Act be taken as and deemed a public Act. ^"~v~~^ 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and in 
the seventy-seventh year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALL3T0N, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Incorporate the Beaufort and Columbia Loan No. 4090. 
AND Building Associations. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That Edward Rhett, Thomas O. Barnwell, John A. Johnson, 
A. McNeir Cunningham, William B. Means, E. J. Durban, David 
L. Thomson and John M. Baker, together with other persons who 
are now% 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 mortgages of real estate and 
personal property, to their members and stockholders, by the name 
and style of the Beaufort Loan and Building Association, the capi- 
tal stock of which shall consist of six hundred shares, to be paid in 
by successive monthly instalments 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 forfeitures for defliults in their payments 
as may be prescribed by such bylaws as the said corporation shall 
be hereinafter empowered to make and adopt. 

II. That John Fisher, W. W. Walker, R. L. Bryan, J. W. Par- 
ker, G. Monteith, John T. Goodwyn and L. B. Beckwith, together 
with other persons, who now are, or hereafter may be, associated 
■with them, be, and they are hereby declared, a body politic and cor- 
porate, for the purpose of making loans of money, secured by mort- 
gage of real estate and personal property to their members and 
stockholders, by the name and style of the Columbia Building and 

Loan Association, the capital stock of which shall consist of twelve Capitjjl stock, 
hundred shares, to be paid in by successive monthly instalments of °^' p*^' • 
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 forfeitures for 
defaults in their payments, according to such regulations as may be 
prescribed by the by-laws of said corporation. 

III. Tiiat the said cor[)orations, respectively, shall have power Powers ami 
and authority to make any such rules and by-laws for their govern- privileges. 
ment as are not repugnant to the Constitution and laws of the land; 

shall have such number and succession of members and officers a.s 
shall be ordained and chosen according to the said rules and by- 
laws made or to be made by them ; shall have and keep a common 



154 STATUTES AT LARGE 

A. D. 1852. seal, and may alter the same at will; shall sue and be sued, plead 
'^'^''y^^'^-^ and be impleaded, 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. 
Fund^ how ^^- That the funds of said corporations, respectively, shall be 
to be loaned, loaned and advanced to the members and stockholders, upon the 
security of real and personal estate, in such mode, 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 
corporations, respectively; and it shall and may be lawful for the 
said corporations, respectively, to hold such lands, tenements, here- 
ditaments and personal property as are now or shall hereafter be 
mortgaged or conveyed to them, respectively, in good faith, by way 
of security upon its loans and advances; and may purchase at sales 
thereof, made according to law, upon judgments or decrees at law 
or in equity for the recovery of their debts; and to sell, alien or 
otherwise dispose of the same, as they, from time to time, may deem 
expedient. 

V. That whenever it shall so occur that the funds of the said 
corporations, respectively, shall remain unproductive and uncalled 
for for the space of two months, the corporations, respectively, shall 
have power to loan whatever amount may be thus on hand to others 
than stockholders and members, provided it can be safely invested 
and re-paid within one year, at the rate of not more than seven per 
cent. 

VI. That whenever the funds of the said corporations, respec- 
Dividends. tivcly, shall 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 property 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 these corporations, respectively, shall cease 
and determine; and that this Act shall be taken and deemed a 
public Act, so held and judicially taken notice of as such, and that 
the same may be given in evidence without special pleading. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and indepen- 
dence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4091. AN ACT to Amend an Act entitled "An Act to Amend 
THE Law in Relation to the Harboring of Deserted 
Seamen." 

I. Be it enacted by the Senate and House of Representatives, 
now met and sitting in General Assembly, and by the authority of 
the same, That the second Section of an Act entitled " An Act to 



OF SOUTH CAROLINA. 155 

amend the law in relation to the harboring of seamen," who have ^- ^- i*^-- 
deserted, passed on the twenty-first day of December, in the year of ^""'"y^"^ 
our Lord one thousand eight hundred and thirty-seven, be, and the 
same is laereby, amended, so that hereafter a copy of the articles of 
the ship or vessel, authenticated by the affidavit of the captain, 
sworn to before any Notary Public or Magistrate, shall be admissi- 
ble in evidence, in like manner, and for like purposes, for which the 
original articles of said ship or vessel are now admissible in evi- 
dence under the provisions of said Act. 

II. And the said copy, so certified as aforesaid, shall also be ad- 
missible in evidence in any trial or prosecution commenced under Evidence, 
this Act, and any person who shall hereafter be convicted of harbor- 
ing deserting seamen, or of inveigling or procuring them to desert 

any service for which they have engaged, or disregard any articles 
into which they have entered, shall be held guilty of a misdemeanor, 
and, upon trial and conviction, shall be punished by fine and 
imprisonment at the discretion of the Judge, not to exceed three 
hundred dollars' fine and three months' imprisonment. 

III. That it shall not be lawful for any master or keeper of a 
boarding or lodging: house, intended for or appropriated to the use Consent of 

^ I ^- ^c i. i. .u master of ves- 

or accommodation oi seamen, or any servant, agent or other person gei to go on 
in their employment, or for any broker, shipping master or other board required, 
person engaged in the business of procuring seamen for vessels, or 
furnishing them with such seamen, or making contracts for their 
services, to enter or attempt to go on board of any vessel lying at 
any port, or in any waters within the jurisdiction of this State, with- 
out having previously obtained the permission of the master or 
other person having the care, custody and control of such vessel ; 
and any such person so entering any vessel, as aforesaid, without 
the permission required by this Act, shall be deemed guilty of a 
misdemeanor, and shall, upon conviction, be punished by fine and 
imprisonment, at the discretion of the Judge wlio tries the case, not 
to exceed three hundred dollai's and three months' imprisonment ; 
and it shall be lawful for the master, or other person having the 
command of the said vessel, or the care, custody and control of the 
same, to seize and arrest all persons while so offending, and to take 
them before any Magistrate, to be committed or bound over to ap- 
pear as in other cases of misdemeanor ; and upon the trial of any *^'* 
person indicted under this Act, in case it shall be proved that any 
such person, as above described, shall have entered or attempted to 
go on board of any vessel within the jurisdiction of this State, it 
shall be obligatory upon the person accused to prove that he had 
previously received the permission requii'ed by this Act, and in de- 
fault of such proof, such person shall be presumed to have entered 
without such permission, and be found guilty accordingly. 

IV. That when any prosecution shall be commenced against any 
person, under this or any former Act, providing for the punishment 
of harboring seamen who have deserted, and it shall appear to the 
Magistrate, before whom the prosecution was commenced, that the 
testimony of any master of a vessel, or other transient person, will 

be important on such trial, such Magistrate shall have authority, witness to 
after five days' notice to the party accused, to summon such witness appear before 
before some Judge of the Court of General Sessions, or the Recorder dajV noTke^''^ 



156 STATUTES AT LARGE 

A. D. 1852. of tiie City Court of Charleston, to appear and give evidence in the 
^""^■v^"^ said matter, when such witness shall be examined, with the right to 
the party accused to examine or cross-examine such witness as in 
trials in open court, and the Judge or Recorder shall certify and 
seal up such evidence, to be used on the trial of the cause in the 
same manner as if the same had been given orally on such trial : 
Provided, That such testimony shall in no case be used unless it 
shall appear by the affidavit of the Magistrate, before whom such 
prosecution shall have been commenced, that such witness is not at 
the time of such trial within the jurisdiction of this State. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4092. ^N ACT to Incorporate the Town of Bluffton. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That all persons, citizens of the United States, who now own, 
or may hereafter own dwelling houses in the town of Bluffton, in 
the Parish of Saint Luke's, District of Beaufort, aijd those who may 
occupy such dwelling houses under lease, may be deemed, and are 
hereby declared, a body corporate or politic ; and that the said town 
shall be called and known by the name of Bluffton, and its limits 
shall be held and deemed to extend on the north from the northern 
edge of the public road, beginning from dividing line between Stock 
Farm and Buck Island Plantation, belonging to James Pope, senior, 
thence eastwardly to the northwestern angle of Boundary street, 
thence down the eastern edge of said street until it joins the north- 
west angle of Rowel's lot ; on the south by May River ; on the east 
by lots as indicated on the plat of Deputy Surveyor Buckner, ex- 
cepting and excluding the lot on which is the residence of the late 
James Kirk, known and marked on said plat " Mr. Kirk's settle- 
ment;" on the west by the dividing line between Stock Farm and 
Buck Island Plantation. 

II. That the said town shall be governed by an Intendant and 
W°ardens? how four Wardens, who shall be appointed in the first instance by the 
appointed. delegation of Saint Luke's Parish, and shall continue in ufiice until 

the third Monday of September next, on which day, as well as on 
the third Monday of September in every year thereafter, an election 
shall be held tor an Intendant and four Wardens, (who shall always 
be freeholders within the limits of said town,) at such place as the 
Intendant and Wardens shall designate, ten days' notice being pre- 
viously given ; and that all free white male inhabitants of the age 
of twenty-one years, of the said town, and who have resided thereiu 
three months previous to the election, or who may own a house or 



OF SOUTH CAROLINA. 



157 



A. D. 1852. 



Elections. 



Oath. 



Vacancies. 



Intendant and 



lot in said town, shall be entitled to vote for the said Intendant and 
Wardens, the election to be held from nine o'clock in the morning 
until two o'clock in the afternoon ; and when the polls shall be 
closed the Managers shall proclaim the said election, and give notice 
in writing to the persons elected ; and that the Intendant and Ward- 
ens of the said town, for the time being, shall always appoint the 
Managers, three in number, for the ensuing election. That the In- 
tendant 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 Intendant (or Warden) 
of Bluffton, 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 for which I have been appointed : So help me 
God." 

III. That in case a vacancy shall occur in the office of Intendant 
or Wardens, by death, resignation, removal from office, or absence 
from the State, an election to fill such vacancy shall be held by ap- 
pointment of the Intendant and Wardens, or the Wardens, as the 
case may be, ten days' previous notice 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 the Wardens 
to act in his stead during the time. 

IV. That the Intendant and Wardens, when elected and duly 
qualified, shall, during their term of service, severally and respect- w"a'r den; 
ively, be vested with all the powers of Magistrates of this State, Magistrates. 
except for the trial of small and mean causes, and their immediate 
jurisdiction shall extend to the limits of said town ; that the Intend- 
ant shall and may, as often as occasion may require, summon the 
Wardens to meet in Council, any two of whom, with the Intendant, 

may constitute a quorum to do business, and they shall be known 
by the name of "The Town Council of Bluffton," and they, and 
their successors hereafter to be elected, may have a common seal ; 
and they shall have power and authority to constitute and appoint, 
from time to time, such and so many proper persons to act as Con- 
stables within their jurisdiction, according to law, as they shall find 
expedient and proper ; which Constables shall have all the powers 
and privileges, and be subject to all the duties and regulations ap- privileges! 
pointed by the laws of this State for the said office. And the In- 
tendant and Wardens shall have full power, under their corporate 
seal, to make and establish all such rules, by-laws and ordinances, 
respecting the streets, ways, lots, markets and police of the said 
village, as shall appear to them requisite and necessary for the secu- 
rity, welfare and convenience of the said town, and for preserving 
health, peace, order and good government within the same; and the 
said Council may affix fines for offenses against their rules, by-laws 
and ordinances, and appropriate the same to the public uses of the 
said corporation ; but no fine shall exceed thirty dollars for any one 
offense; which fines, when they exceed twenty dollars, may be re- 
covered in the Court of Common Pleas for Beaufort District, and, 
when under the sum of twenty dollars, before the said Intendant 
and Wardens, or any two of them, who shall have power to issue 
their execution for the collection of the same: Provided, That 



Powers and 



158 STATUTES AT LARGE 

A. D. 1S52. nothing herein contained shall authorize the said Council to make 

^—~~Y^-^ any laws inconsistent with, or repugnant to the laws of the land ; 

and that all the rules, by-laws and ordinances, they may make and 

ordain, shall at all times be subject to the revisal or repeal of the 

Legislature. 

V. That the said Intendant and Wardens shall have full power 
to abate and remove nuisances in said town, and to classify and ar- 

Patroi duty ^^"g^ the inhabitants liable to do patrol and road 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 established bylaw; and that the said Intendant and Ward- 
ens, or any one of them, upon view thereof, or complaint lodged, 
are hereby required to issue warrants against all offenders, and cause 
them to be brought before them, and, upon examination, shall either 
release, admit to bail, (if the offense be bailable,) or commit to jail 
such offenders as the case may require; and the Sheriff of Beaufort 
District is enjoined to receive and keep the persons so committed 
until discharged in due course of law; and that the said Intendant 
and Wardens may, collectively or severally, take recognizance in 
all criminal cases upon the terms and in the manner as Magistrates 
are required to do by law. 

VI. That the said Intendant and Wardens shall have the full 
To grant li- ^^^ ^^^J powcr to grant licenses to keep taverns and retail spirituous 

censes for li- liquors within the said limits, which licenses shall be granted in the 

quors. ^ , , ' ,. . , " ^ J 

same manner and upon the same conditions as they are now granted 
by Commissioners of Roads, under the laws of this State; and all 
the powers vested in Commissioners of Roads are hereby granted to 
the said Intendant and Wardens within the limits of the said town; 
and that all moneys paid for licenses, fines and forfeitures for retail- 
ing spirituous liquf;rs and keeping taverns within the said limits 
shall be paid to and appropriated by the said Intendant and War- 
dens to the public uses of the said corporation. 

VII. That the said Intendant and Wardens shall haye full power 
and authority to compound with persons liable to work on the roads 

of pS;roi duty! ^fd Streets, and perform patrol duty in said town, and to release 
' such persons as may desire to be released therefrom, upon the pay- 

ment of such annual sum of money to the said Intendant and War- 
dens as may be deemed by them a fair equivalent therefor, to be 
applied by them to the services and uses of said corporation ; and 
that no person residing within said limits seven mouths in the year 
shall be liable to work on any road or perform patrol duty without 
the limits of said town. 

^, , VIII. That all persons owning houses and lots in the said town, 
patrol duty. and residing there during the summer months, shall be liable to do 
patrol and road duty in said town during the whole year: Provided, 
That the said Intendant and Wardens shall not have power to order 
out any persons to perform road or patrol duty during the whole 
year unless they be in the habit of making the said town their sum- 
mer residence; nor shall any hands be ordered out to perform said 
road duty except those hands who are employed about the said resi- 
dence, and who are liable by law to perform said duty. 



OF SOUTH CAROLINA. 159 

IX. That this Act shall remain in force for the term of three ^- ^- ^^•'^-• 
years next after the first day of March next ensuing. 



In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and indepen- 
dence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



Limit of char- 
ter. 



AN ACT TO Alter and Amend an Act Entitled "An Act to No. 4093. 
Incorporate the Northeastern Railroad Company." 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That an Act entitled "An Act to incorporate the North- 
eastern Railroad Company," be, and the same is hereby, so amended 
as to allow the said Northeastern Railroad Company to locate their 
northern terminus on or near the AVilmington and Manchester Rail- 
road, west of the Pee Dee River, so as to connect with the southern 
terminus of the Cheraw and Darlington Railroad : Provided, That 
the trains of the said Northeastern and Cheraw and Darlington 
Railroads, in crossing the track of the said Wilmington and Man- 
chester Railroad, shall always conform to the reasonable times pre- 
scribed by the schedule of the said Wilmington and Manchester 
Raih'oad: And, further, That all accidents by collisions shall prima 
facie be imputed to the negligence or default of the agents or ser- 
vants of the said Northeastern and Cheraw and Darlington Rail- 
roads. 

In the Senate House, the sixteenth day of December, in tl*e year 
of our Lord one thousand eight hundred and fifty-two, and in 
the seventy-seventh year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT to Alter and Amend an Act Entitled "An Act to No. 4094. 
Provide for the Defence of the State." 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That the Board of Ordnance, established by an Act entitled 
"An Act to provide for the defence of the State," be, and the same 
is herel)y, abolished. 

II. That the office of ordnance officer, created by said Act, be 
continued, and that said ordnance officer hereafter receive a salary 



160 STATUTES AT LARGE 

A. D. 1852. of one thousand dollars per annum, instead of two thousand, as now 
""""v""^ provided by law ; and in ease the said office shall have become va- 
cant by death, resignation or otherwise, that His Excellency the 
Governor, for the time being, be, and he is hereby, authorized, by 
appointment, to fill such vacancy. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and in 
the seventy -seventh year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4095. AN ACT to Authorize the South Carolina Railroad Com- 
pany TO Construct a Certain Bridge Over the Conga- 
REE River. 

Whereas the public interest is concerned in the ready and safe 
passage over the Cougaree River, as well as in the navigation of 
the same, and a secure passage over the said river by bridge, inter- 
feres with the uninterrupted navigation thereof by steamboats with 
chimneys of great height, unless means be taken to reduce the 
height of such chimneys by hinges, to be used as occasion may re- 
quire; therefore, 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That it shall and may be lawful for the South Carolina Rail- 
road Company to construct a bridge over the Congaree River where 
it is intersected by the railroad, although the said bridge be not 
of sufficient elevation to permit steamboats to pass without lowering 

Restrictions, their smoke stacks : Provided, That the said bi'idge be at least forty- 
two feet above the bed of the river: And provided, also. That the 
said company shall satisfy and pay all the expense which any 
steamboat may incur, by reason of any alterations which may be 
rendered necessary by this Act, and by the necessity of lowering 
the smoke stack of such steamer, by the use of hinges or by any 
other manual contrivance: Provided, also, That the said railroad 
company shall transport guano and agricultural Plaster of Paris 
at a rate not exceeding twelve and a half cents per hundred pounds, 
to Camden, Columbia and Hamburg, and at the same rate to all 
intermediate stations. 

II. And it is hereby expressly declared that the said South Caro- 
Exemption ^^'^^ Railroad Company is exempted from the provisions of the 

from Act of forty-first Section of an Act entitled "An Act to incorporate cer- 
tain villages, societies and companies, and to renew and amend cer- 
tain charters heretofore granted, and to establish the principles on 
wlwch charters of incorporation will hereafter be granted," ratified 
on the seventeenth day of December, in the year of our Lord one 
thousand eight hundred and forty-one. But nothing herein con- 
tained shall be construed as exempting the said company from the 



OF SOUTH CAROLINA. 161 

provisions of the said forty-first Section uj)on any future grant, re- -A. T>. 1852. 
newal or modiiication of their charter. 

In the Senate House, the sixteenth day of Deceml)er, in the year 
of our Lord one thousand eight hundred and fifty-two, and in 
the seventy-seventh year of the sovereignty and independence 
of the United States of America. 

ROBT. F. \y. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Repeal All Acts and Parts of Acts Authoriz- No. 4096. 
ING Ordinaries to Take Possession of and Administer 
Derelict Estates. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That the seventh Section of the Act of 1830, entitled an Act Seventh See- 
concerning the office and duties of Ordinary, and all other Acts and ^ion rei)Ciiied. 
parts of Acts authorizing the Ordinary to take charge of and ad- 
minister derelict estates, be, and the same are hereby, repealed. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and indepen- 
dence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO EsTABLisn Certain Roads, Bridges and Ferries, No. 4097. 
AND to Amend the Law Respecting Commissioners of 
Roads in Certain Particulars. 

I. Be it enacted by the Senate and House of Representatives, now 
mot and sitting in General Assembly, and by the authority of the 
same. That the bridges erected by the Greenville and Columbia 
Railroad Company across Broad River and Saluda River, be, and 
they are hereby, chartered and vested in the said railroad company 
for the term of ten years, and the said company shall have power 
to regulaie, by public notice, the hours at which said bridges may 
be used by the public, and may charge at the Broad River Bridge 
the same rates of toll as are allowed by law to be charged at Hughes' 
Ferry, and at the Saluda I^ridge, the same rates of toll as are 
allowed to be charged at Chappell's Bridge. 

II. That the IMount Pleasant Ferry Company be, and they are ,, 
hereby, authorized and empowered to establish a communication ant Company.' 
from the said company's lands, adjoining the town of Mount Plea- 
sant, to Sullivan's Island, by means of a flat or drawbridge, for the 

VOL. XII — 11 



162 STATUTES AT LARGE 

A. D. 1852. term of fourteen years, with the following rates of toll, viz : For 
''" V— ^ each foot passenger, 5 cents ; for each horse and rider, 15 cents; for 
Rates of toll, each horse and chair or sulky, 37 i cents ; for each carriage and 
pair of horses, 75 cents; for each cart, horse and driver, 372 cents; 
for each wagon and four horses, $1.50 ; for each wagon and pair of 
horses, $1 ; for cattle, per head, 10 cents ; for calves and hogs each, 
61 cents; for sheep, goats, pigs and deer, each, 5 cents; for turkeys 
each, 2 cents; for fowls, ducks, &c., each, 1 cent: Provided, The 
said flat or drawbridge shall not in any manner interfere with the 
navigation of the said channel. 

III. That so much of an Act entitled "An Act to establish cer- 
tain roads, bridges and ferries, and to amend the law respecting the 
Commissioners of Roads in certain particulars," passed on the six- 
teenth day of December, in the year of our Lord one thousand 
eight hundred and fifty-one, as authorizes the laying out of a new 

Act relating road from Pickens Court House to Greenville Court House, by the 
RaiiroaT^^re- Way of Pickeusville, be, and the same is hereby, repealed, so far as 
i>eaieci. jj; relates to the road between Pickeusville and Pickens Court 

House. 

IV. That so much of the first Section of an Act entitled " An 
Act to establish certain roads, bridges and ferries," passed on the 
nineteenth day of December, in the year of our Lord one thousand 

Act relating eight hundred and forty-nine, as authorizes a new road to be laid 
from '^Ander- ^^*' ^''0'^' Andersou Court House ma Pendleton village to Pickens 
son to Pickens- Court House, be, and the same is hereby, repealed, so far as relates 
VI erepeaiec. ^^ ^j^^ opening of a uew road from Anderson Court House to Pen- 
dleton village ; and the Commissioners therein named are hereby 
authorized and required to make all such changes and alterations 
in the location of the old road, between the points above mentioned, 
as they may deem necessary and proper, and for that purpose the 
said Commissioners are hereby invested with all the powers and 
privileges, and subjected to all the duties and liabilities now im- 
posed by law upon Commissioners of Roads. 

V. That a public road be, and the same is hereby, authorized to 
in AbbeviUe."^^ be laid out and established in Abbeville District, to commence and 

leave the road leading from White Hall to Abbeville Court House, 
at or near Asberry Church ; to run thence along a road called the 
Old Ridge Road, through the lands of Samuel Marshall, J. S. Mar- 
shall, John Anderson, L. H. Rykard and others, until it interj-ects 
Avith the Matthis Road, near Ware's Cross Roads, and thence by 
the shortest and most direct route to the depot of the Greenville 
and Columbia Railroad Company, near Greenwood, in said Dis- 
trict. 

VI. That A. B. Crook, J. H. Cleaveland, and their associates, 
be, and they are hereby, empowered, at their own expense, to lay 
out a road leading from Greenville Court House to the North Caro- 

Gap Creek liua line, through Gap Creek, or up the middle fork of Saluda 
Turnpike road, j^j^gj.^ ^^^ ^^^ erect and keep in repair a turnpike thereon, to be vested 
in them and their heirs and assigns for the term of twenty-one years 
from the completion of the same; and that it shall and may be lawful 
for the said A. B. Crook, J. H. Cleveland, their associates, heirs 
and assigns, to take and receive as a toll for passing the said turn- 
Jiatcs of toll, pike, the following rates of toll and no more, that is to say : For 



OF SOUTH CAROLINA. 163 

every four-wheeled carriage and driver, seventy -five cents ; for every a. d. 1852. 
empty wiigon and team and driver, fifty cents ; for any four-wheeled ^— ^r^*-' 
pleasure carriage with two horses, seventy-five cents ; for every 
four-wheeled carriage with one horse, fiftj' cents ; for every other 
carriage or wagon, twenty-five cents; for every man and horse, ten 
cents; for every head of horses or black cattle, two cents; for every 
head of hogs, sheep or goats, one cent. And that the said A. B. 
Crook, J. H. Cleveland, and their associates, shall have power at 
any time hereafter to build a plank or other hard road over the 
said turnpike; and they shall likewise have power to construct a 
turnpike or plank road up the Gap Creek, and also up the middle 
fork of Saluda River to the North Carolina line, with the same 
rates of toll as are herein specified. 

VII. That the ferry established by C. J. Gaffney, on Broad River, 'Gaffney's 
between Spartanburg and York Districts, near the Limestone Ferry. 
Springs, be, and the same is hereby, chartered and vested in the said 

C. J. Gaffney, his heirs and assigns, for the term of ten years, with 
the following rates of toll, that is to say: For each wagon and four Rates of toll 
horses, fifty cents; for each wagon and two horses, or pleasure car- 
riage with two horses, thirty seven and a-half cents; for each wagon, 
buggy, carriage or other vehicle, with one horse, tweoty-five cents; 
for each person on horseback, ten cents; for each head of horses 
and cattle, five cents per head; for each head of hogs, sheep or 
other animals, two cents. 

VIII. That the Bridge across Edisto River, known as Rumph's Eumph's 
Bridge, formerly Givhann's Ferry, is hereby re-chartered and vested l^"**!® rechar- 
in Moses West, his heirs and assigns, for the terra of fourteen 

years, with the same rates of toll as are now allowed by law. 

IX. That the ferry at Jacksonborough, in Colleton District, Jackson- 
known as the Jacksonborough Ferry, be, and the same is hereby, borough Ferity 
re-chartered and vested in Emanuel Witsell, his heirs and assigns, 

for the term of fourteen years, with the same rates of toll as are 
now allowed by law. 

X. That the turnpike road from Pumpkintown to the base of the Pumpkin- 
Table Mountain, be, and the same is hereby, re-chartered and vested town Turnpike 
in Nancy Keith, her heirs and assigns, for the term of ten years, 

with the same rates of toll as are now allowed by law. 

XI. That Huit's Ferry, across Saluda River, be, and the same is Huit's Ferry, 
hereby, re-chartered and vested in William Bouknight, his heirs 

and assigns, for the term of ten years, with the same rates of toll as 
are now allowed by law. 

XII. That the bridge across Lynch's Creek, belonging to Middle- 
ton DuBose, be, and the same is hereby, re-chartered and vested in t> i l^"Bose's 
the said Middleton DuBose, his heirs and assigns, for the term of " ^^' 

ten years, with the same rates of toll as are now allowed by law. 

XIII. That the turnpike road made by J. P. Hill house, from a Turnpike, 
point on the Buncombe Road, between the seven and eight mile posts 

to the summit of Paris Mountain, in Greenville District, be, and the 
same is hereby, chartered and vested in the said J. P. Hillhouse, his 
heirs and assigns, for the term often years, with the following rates 
of toll, to wit : For a wagon and two or more horses, fifty cents ; for 
a pleasure carriage, drawn by one or more horses, thirty-seven and 



164 STATUTES AT LARGE 

A. D. 1852. a half cents ; for each person on horseback, twelve and a half 
^"""Y -^ cents. 

XIV. That the Town Council of Sumterville shall be, and they 
are hereby, authorized and empowered to close up so much of the 
public road, leading through said town to Stateburg, as divides the 
lot of J. M, Pitts : Provided, They shall keep open and in repair, 
for the public use, the streets contiguous to said lot, known as 
Washington and Warren streets. 
New road in XV. That R. P. Haynesworth, John F. June and James McCau- 

Cinremion. ley, be, and they are hereby, appointed Commissioners to lay out 
and open a public road in Clarendon County, from Col. Wm. A. 
Colclough's plantation to June's store, and the said Commissioners 
are hereby invested with all the powers invested by law in Commis- 
sioners of Roads ; and when the said road shall have been opened 
it shall be placed under the jurisdiction of, and kept in repair by 
the Eastern Board of Commissioners of Roads of Clarendon County. 
Koadiaborto XVI. That the Commissioners of Roads in this State be, and 

repair bridges, they are hereby, authorized and empowered to employ the ordinary 
road labor in the construction and repair of all bridges over the 
rivers or creeks of this State, which constitute the boundary line 
between Districts or Parishes, if in their opinion the same shall be 
sufficient, and shall assess their respective Districts and Parishes, 
whenever in their judgment the said ordinary road labor is insuffi- 
cient. And where any such bridge exists, or shall be hereafter 
built, it shall be the duty of the Boards adjoining to divide the 
same by measurement in the centre, and each Board shall be re- 
sponsible for the good order of the half next adjoining the District 
or Parish in which it lies. And whenever it becomes necessary to 
build a new^ bridge, or to replace entirely an old one which has been 
carried away or destroyed, it shall be the duty of the Boards of the 
two Districts or Parishes to replace the same, as is now by law pro- 
vided. 
N -Old in XVII. That a public road be laid out in York District, leading 

York. ' from a point on the Cureton Ferry Road, at or about where John 
Sitgreaves now lives, and running in a westerly direction, the most 
practicable route to intersect the main road leading to Columbia 
and Chester, at the ten mile post from Nation Ford, near Joseph 
Crook's house; and that A. F. Fewell, John S. Bratton and John 
McGill be appointed Commissioners, and invested with full powers 
to lay out said road, and the same, when completed, to be placed 
under the jurisdiction of the Commissioners of Roads of York Dis- 
trict. 

XVIII. That a public road be opened and laid out in Abbeville 
District, commencing at the Barksdale Ferry Road, half a niile 
from the point wliere the road leading from Abbeville Court House 
to Hamburg intersects the aforesaid road, and running through the 
lands of E. Chiles, John A. Childs, J. H. Wideraan, J. M. Chiles, 
J. W. Plearst, Samuel Cook, Frederick Cook, D. Roundtree and 
. . D. Minor to the public road near Talbert's Mills ; and that Samuel 

^^ Commission- ^ ^^j^^^^^^^^ W. W. Belcher, P. S. Guillebeau and J.H. Wide- 
man be appointed Commissioners to lay out said road, with all the 
powers usually granted for such purpose, and when said road is 
completed, the same to be placed under the jurisdiction of the Board 



i 



OF SOUTH CAROLINA. 165 

of Commissioners who have charge of that section of roads in ^- ^- l^-52- 
Abbeville District. '— ^ ' 

XIX. That Hiighey's Ferry across Broad River l)e re-chartered iiughey's 
and vested in Daniel Hughey, his heirs and assigns, for the space of Ferry, 
fourteen years, with the same rates of toll as are now allowed by 

law. 

XX. That a public road be laid out and opened from Careton's Roiidfrom 
Ferry, on the Catawba River, in York District, to a point of inter- Cm-etou's Fer- 
section with the Columbia Road, about one mile north of Maj. N. 

R. Eaves' Mill, on Fishing Creek, in Chester District, the said road 
to commence on a line between J. E. Rodgers' and Mrs. E. S. Dun- 
lap's, on the load running from Cureton's Ferry aforesaid, to York- 
ville, in York District, and thence near a west course, and near the 
Indian line, through lands of Mrs. E. S. Dunlap, C. Reives, Samuel 
McDowell, Jonathan Davis, Elizabeth White, Elizabeth Wren, 
James, John and W. W. Keumore's and Henry Lee, in York Dis- 
trict, and through lands of James Lee and Mrs. Mary Reives, in 
Chester District, in a southwestern direction, to its intersection with 
the Columbia road, at the point aforesaid ; and that Isaac McFaden, 
C. S. Cliue and William W. Kenmore, of York District, and James 
Lee, Robert Ferguson and William Wear, of Chester District, be, 
and they are hereby, appointed Commissioners to lay out and open 
the same, and for tiiis purpose they are invested with all the powers 
and subject to all the liabilities of Commissioners of the Roads. 

XXI. That a public road be laid out and opened in York Dis- 
trict, commencing at the Turkey Creek Bridge, on the Quinn's jjoj,ji f^^^ 
Road, and running thence by Fowler's Grave Yard and Olivet Turkey Creek 
Church to station number four, on the King's Mountain Railroad, '^ ^^' 

at McConnell's, and that Jeptha Quinn, AVilliam Robertson and 
W^illiam Minter, be, and they are hereby, appointed Commissioners 
to lay out and open the same, with all the powers, privileges and 
liabilities incident to Commissioners of Roads. 

XXII. That a public road be, and is herel)y, laid out and estab- RoadinXew- 
lished in Newberry District, to begin at the Buncombe road, at the '^'^""y- 

late residence of James P. Caldwell, deceased; thence to pass over 
the lands of the estate of the said deceased, of Thomas Crosson, 
William Price, James Sloan, Jr., and Thomas Chalmers, pursuing 
the route of the road now in nse, except such slight changes as the 
Commissioners of Roads for said District may adopt for its im- 
provement; thence to proceed through the lands of Henry Kinard, 
along the route of the old Calmes road, passing through a field of 
Hugh Wilson on or near the old track of said Calmes road, and 
after the passing the head of the ravine in which the spring of said 
Wilson is situated, said road then to turn to the right and pass near 
Wilson's cotton house, to intersect with the road leading from Wil- 
son's house to William Martin's lane, and to follow said road to the 
said lane; thence to pass through Martin's land where the road now 
runs, and when it reaches George Garmany's land, to turn to the 
left and pass a few rods south of Dugan's Rock, entering and pass- 
ing through Garmany's field on the ridge which begins at or near 
Martin's land, to the corner of Archibald Sloan's land, and to in- 
tersect the road now in use at tjie corner of Sloan's field ; thence to 
follow the road now in use to a point near the Ashford's Ferry road, 



166 STATUTES AT LAEGE 

A. D. 1852. and thence to turn to the left and intersect said road at the south- 
' V ' east corner of an old field through which said road should pass at a 
point between two and three miles from the town of Newberry. 

XXIII. That it shall be the duty of every Commissioner of 
Annual re- Roads to report annually to the Board of which he is a member, if 

made ^" ^'° ^® ^'^^ complied with the law in relation to posting and pointing the 
section of road under his charge. 

XXIV. That the Chairman of each Board shall include the re- 
turns required by the sixteenth Section of the Act of 1851 "to es- 
tablish certain roads, bridges and ferries, and to amend the law 
respecting Commissioners of Roads in certain particulars," in the 
report now required to be made at the fall term of the Court of 
Common Pleas; and shall, in addition thereto, report such Commis- 
sioners as have not made the return required in the last preceding 
Section of this Act. And all returns and reports required by law 
shall be signed by the Chairman and countersigned by the Clerk of 
each Board. 

New Ferry, XXV. That a new ferry be established over Black River, on the 
Counter-line Road, at the place formerly known as Whitman's 
Ferry, and that the same be vested in Robert Abrams, his heirs and 
assigns, for the term of fourteen years, with the right to take and 
receive the same rate of toll as now allowed by law to be taken and 
recei\jed at the ferry on Black River known as Brown's Ferry. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and indepen- 
dence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4098. AN ACT to Alter and Arrange the Times of the Sitting 
OF THE Courts of Equity in the Fifth Circuit. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
^ „ same, That hereafter the Courts of Equity for the Fifth Circuit 

Equity, when shall be held as follows, to wit : At Edgefield Court House, on the 
to be held. first Monday in June; at Abbeville Court House, on the second 
Monday in June; at Laurens Court House on the third Monday in 
June; at Anderson Court House, on the fourth Monday in June; 
at Pickens Court House on the first Monday after the fourth Mon- 
day in June, and at Greenville Court House, on the second Monday 
after the fourth Monday in June; to sit for one week at each place, 
if so much time be necessary to dispose of the business. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and in 
the seventy-seventh year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 




OF SOUTH CAROLINA. 



AN ACT TO Incorporate the Columbia Gas Light Company. No. 4099 



L Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That John Bryce, A. H. Gladden, Andrew Crawford, G. 
Monteith, E. H. Fisher, J. S. Boatwright, AVra. F. DeSaussure, 
John I. Gracey, and their associates and successors, shall be, and 
they are hereby, incorporated and made and declared a body politic 
and corporate, in deed and in law, by the name and style of the 
Columbia Gas Light Company, and as such body politic and corpo- Columbia 

rate shall have power to make, use, have, and keen a common seal, 9,'^^ 'L\'s^\t 

11 -n . 11- - I 1 Company. 

and the same at will to alter; to make an 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 equity in this State, 
and to have, use, and enjoy all other rights, and be subject to all 
other liabilities which are incident to bodies corporate. 

II. That the said corporation shall have full power and authority Power to 
to manufacture, make and sell gas, to be made of rosin, coal, oil, make gas. 
turpentine or other material, and to furnish such quantities of gas 

as may be required in or near the town of Columbia, for lighting 
the streets, stores, manufactories and buildings there situate, and for 
other purposes; to lay pipes or other conductors for conducting gas 
through the streets, alleys, lanes and squares of the town of Colum- 
bia aforesaid, or its viciuity, and also to erect such buildings, and to 
hold such real and personal estate as may be requisite or necessary 
to carry on the business aforesaid. And the said corporation shall 
have power to raise by subscription, in shares of twenty-five dollars 
each, a capital of fifty thousand dollars, with the privilege of in- 
creasing the same to one hundred thousand dollars; and the said 
corporation shall or may go into operation, and the rights, privileges 
and franchises hereby granted, shall attach whenever twenty thou- 
sand dollars of the capital aforesaid shall have been actually paid 
in, in gold or silver current coin, or the current notes of the incor- 
porated banks of this State, and an oath or affirmation thereof shall 
have been made by the President, Treasurer, and a majority of the 
Board of Directors of the said company, and recorded in the office 
of the Secretary of State, at Columbia, and shall have been pub- 
lished in one of the newspapers of the said town. 

III. That the said shares in the capital stock aforesaid, of the 
said corporation, shall be deemed personal estate, and be transfer- 
able only on the books of the said corporation. And no part of the Capital not 
said capital stock shall, at any time or under any j^retence what- to be divided, 
ever, be loaned to or divided amongst the stockhohlers ; nor shall 

the said capital be withdrawn or divided amongst 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 antl profits of the said company, over and above the 
capital. 

IV. That if the proprietor of any share shall refuse or neglect to 
pay any instalment assessed thereon, for the space of thirty days 



1G8 STATUTES AT LARGE 

A. D. 1852. after the time appointed for the payment thereof, the Treasurer of 
"-"•^^r^"^^ thg company may, by order of the Board of Directors thereof, sell, 
Penalty. j|jy. pui^ijf. auction, a sufficient number of any shares held by such 
defaulter, to pay all instalments 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 in the town of Columbia, and a 
bill of sale of the shares so sokl shall be made by the Treasurer of 
the company to the purchaser thereof, who shall thereupon be enti- 
tled to have the same transferred to him on the books of the com- 
pany, and shall be liable for all future instalments on the stock 
which he may have purchased. 

V. That the said John Bryce, A. H. Gladden, Andrew Crawford, 

G. Monteith, E. H, Fisher, J. S. Boatwright, Wm. F. DeSaussure 

Books to be and John I. Gracey may open books and take subscriptions for the 

opeued. capital stock of the said company, in such manner as they may 

deem expedient, and whenever such subscrij)tion shall amount to 
the sum of thirty thousand dollars, the stockholders, having had 
two weeks' notice in writing, or in one of the public newspapers in 
the town of Columbia, may meet and proceed to elect a President, 
Treasurer and Board of Directors, or such other officers as they may 
deem necessary for organizing the said company and conducting 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 not subscribed 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 company, every stockholder shall be en- 
' titled to one vote for every share held by him. 

Annual re- VI. That the Directors shall submit to the stockholders, annu- 

'"™- ally, a written statement, under the oath or affirmation of the 

Treasurer of the corporation, setting forth the amount of the capital 

stock paid in, and of the general assets of the company, and also 

the amount of all existing debts and liabilities of the said company. 

VII. That any person wilfully injuring or causing to be injured 

tres wsT^*^ ^""^ any of the property of the said corporation shall forfeit and pay to 
the said corporation treble the amount of damages sustained by any 
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 three hundred dollars, or imprisonment not exceeding two years. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



ers. 



OF SOUTH CAROLINA. 169 

AN ACT TO Appoint CommissionePvS to Ascertain and Define ^- ^- ^^''-■ 
THE Proper Dimensions and Directions of the Streets """^ "^ ^ 
OF THE Town of Moultrieville, and to Remove all Ob- No. 4100. 

STRUCTIONS IN SuCH STREETS. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That John Bond I'On, James L. Petigru, H. E. Ravenel, Commisiion- 
W. H. Gillihind and Robert Adger, be, and are hereby, aj)pointed 
Commissioners to ascertain and define the proper dimensions and 
directions of the streets of the town of Moultrieville, and thereafter 
to remove all obstructions in said streets: Provided, That in case of 
the removal of any building or buildings, compensation, to be as- 
sessed by said Commissioners, shall be awarded to the owner or own- 
ers thereof by the Town Council of Moultrieville. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and in 
the seventy-seventh year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Alter and Amend the Law in Relation to the No. 4101. 
Education of the Deaf and Dumb of this State. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That the fourth Section of an Act entitled "An Act to pro- 
vide for the education of the deaf and dumb children of this State," 
passed on the seventeenth day of December, Anno Domini, one 
thousand eight hundred and thirty-four, be so altered and amended 
as to read as follows: That the sum which shall be allowed for the Sumaiiowed. 
board, tuition and all incidental expenses of one deaf and dumb 
person for one year, (except travelling expenses, clothing and medi- 
cal attendance,) shall not exceed one hundred and fifty dollars; 
and as to the expenses excepted, the Commissioners shall take care 
to place them upon the most economical scale. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and indepen- 
dence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT to Incorporate Certain Societies, Associations AND No. 4102. 
Companies, and for the Re-Charter of Others. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 



170 STATUTES AT LARGE 

A. D. 1852. same, That the officers and members of the following societies, as- 
^""^''—"^ sociations and companies, to wit: The German Artillery Company 
Xames. ^^^^ Charitable Society, the Edgefield Flying Artillery Company, 
the Carolina Blues, the Trinity Lodge, number twenty-two, of the 
Independent Order of Odd Fellows, at Yorkville, the Morgan 
Lodge, number nineteen, of the Independent Order of Odd Fellows, 
at Spartanburg C. H., the Edgefield Odd Fellows, and Masonic 
Building Association, the Charleston Club, and the Fourth of July 
Association of Charleston, be, and the same are hereby, declared 
and constituted bodies politic and corporate, by the name and siyle 
to each of them hereinbefore respectively assigned. 

II. That the said societies, associations and companies, according 
to their respective by-laws, shall have succession of officers and 

Powers. members, and shall have power, respectively, 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 tlys State, and to have and enjoy every right, power 
and privilege incident to such incorporations, and they are hereby 
empowered to hold, retain, possess and enjoy all such property, real 
and personal, as they may now severally have and possess or be en- 
titled to, or which shall hereafter be given, bequeathed or devised 
to them, respectively, or in any manner acquired by them; and to 
sell, alien and transfer the same or any part thereof: Provided, That 
the amount so held shall in no case exceed the sum of twenty thou- 
sand dollars, except that the Charleston Club may hold any real 
and personal estate not exceeding in value the sum of fifty thousand 
dollars. 

III. That the Richland Volunteer Rifle Company, the Washing- 
ton Light Infantry, and the New England Society, be, and the same 
are hereby, re-chartered, with all the rights, powers and privileges 
heretofore granted to them respectively. 

IV. That the name of a company, heretofore incorporated by the 
name of Axe Company of Charleston Neck, be changed, and here- 
after the said company be known and called by the name and style 
of the Palmetto Axe Company, of Charleston. 

p, V. That the Philomathean Literary Society, of Erskine College, 

Society.' ' be, and the same is hereby, incorporated as a body politic and cor- 
porate, with powder to sue and be sued, plead and be impleaded in 
any Court of law or equity in this State ; and shall have a common 
seal, and succession of officers, by the name and style of the Philo- 
mathean Society. That the said society shall hold but one meeting 
in each year in a corporate capacity, which meeting shall be on a 
day in the week in which the commencement of the said Erskine 
College shall be held, at which meeting no business of a corporate 
capacity shall be transacted, unless a majority of the honorary and 
regular members then present be of full age, and that the said so- 
ciety, at their annual meeting aforesaid, may make by-laws for their 
government, not repugnant to the laws of the land, and the said 
society shall be able and capable in law to take and receive, by do- 
nation or otherwise, and possess any personal estate: Provided, The 
same shall not exceed the sum of one thousand dollars; and dispose 
of the same as they may deem proper. 



OF SOUTH CAROLINA. 

VI. That this Act is hereby declared to be a public Act, and 
shall continue of force for the term of fourteen years. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



171 



A. D. 1852. 



PuUic Act. 



Commission- 



AN ACT TO Authorize the Formation of the Savannah No. 4103. 
River Valley Railroad Company. 

I. Be it enacted by the Senate and House of Representatives, 
now met and sitting in General Assembly, and by the authority 
of the same, That the formation of a corporate company is hereby 
authorized for the construction of a railroad, on the most practica- 
ble route from the town of Hamburg, in Edgefield District, up the AYhere to run. 
valley of the Savannah River, to Anderson Court House, or to 

some convenient point on the Greenville and Columbia Railroad at 
or near Anderson Court House, (which said points is to be hereaf- 
ter selected,) which said company shall have the exclusive right to 
make, keep up and use such railroad, and for the terra of time, 
hereinafter to be mentioned, no other railroad shall be constructed 
between the points above designated. 

II. That for the purpose of raising the capital stock of said com- 
pany, it shall be lawful to open books at Hamburg, under the di- 
rection of J. W. Stokes, A. Burnsides, J. Blackwood, Charles Ham- 
mond and B. Baird, as Commissioners, and at such other places, 
and under the direction of such other persons as the said Commis- 
sioners, or a majority of them, may designate, for the purpose of 
receiving subscriptions to an amount not exceeding two millions of 
dollars, in shares of one hundred dollars each, to constitute a joint 
capital stock for the purpose of constructing and carrying into ope- 
ration the railroad by this Act provided for, and on each share of 
the stock subscribed for, the subscribers shall pay to the Commis- 
sioners who shall take the same, the sum of ten dollars in specie or 
notes of specie paying banks of this State. 

III. That when the sum of five hundred thousand dollars shall 
be subscribed for, in manner herein prescribed, the subscribers shall ^J^J^gj" 
be, and they are hereby, declared to be incorporated into a company, 
by the name and style of "The Savannah River Valley Railroad," 

and may meet and organize the said company at such time and place 
as may be designated by the Commissioners, herein named, for 
Hamburg. 

IV. That for the purpose of organizing and forming this com- 
pany, all the powers conferred by the charter of the "Greenville 
and Columbia Railroad Company " on the Commissioners at Green- 
ville, shall be vested in the Commissioners, herein appointed, at 
Hamburg, and all the powers, rights and privileges granted by the Powers. 



When incor- 



172 STATUTES AT LARGE 

A. D. 1S52. charter of the " Greenville and Columbia Railroad Company" to 
^""■^v^"^ that company, shall be, and are hereby, granted "to the Savannah 
River Valley Railroad Company, and subject to the same conditions 
therein contained, except as to the capital stock, the sum necessary 
to authorize organization, and the amount of shares, and except so 
far as may be otherwise necessary to conform to the special provis- 
ions of this Act. 
Vacancies. ^^' That in the event of any vacancy in the Commissioners herein 
appointed at Hamburg, by refusal to serve, death or otherwise, the 
delegation in both branches of the Legislature for Edgefield Dis- 
trict for the time being, are authorized to fill such vacancy. 

VI. The charter hereby granted shall endure for thirty-six years, 
and this Act shall be taken and deemed to be a public Act. 

In the' Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



Public Act. 



No. 4104. AN ACT to Relieve Plank Road Companies from the 
Necessity of Making Returns, Unless Specially 
Called for by the Legislature. 

Be it enacted by the Senate and House of Representatives, now 

met and sitting in General Assembly, and by the authority of the 

same. That hereafter it shall not be requisite for plank road com- 

Kottomake panies to make any report to the Legislatureof their acts and doings, 

.returns. receipts and expenditures, conditions and business of the roads, 

unless such reports shall be specially called for by the Legislature. 

. In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and in 
the seventy-seventh year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4105. AN ACT to Authorize the Formation of a New Volunteer 
Company within the Limits of the Twenty-Third Regi- 
ment of Infantry. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That the Adjutant and Inspector General be authorized and 
empowered to inspect and receive into the Twenty-Third Regiment 



OF SOUTH CAROLINA. 173 



Ciirolina Blues. 



of Infantry, a new volunteer company, to be called the Carolina ^- ^- 1^52. 
Blues, upon their conforming to the requisitions of the law in rela- 
tion to the reception of new volunteer companies. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and in 
the seventy-seventh year of the sovereignty and independence 
of the United States of America. . 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Change the Day for the Election of, and the No. 4106. 
Term of Office of, the Mayor and Aldermen op the 
City of Charleston, and for Other Purposes. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by and with the authoi'ity 

of the same, That the election for Mayor and Aldermen of the city Election to^be 

of Charleston shall be held on the first Wednesday in November vember? °" 

next, and on the first AVeduesday in every alternate year thereaftei', 

instead of the day now by law appointed — and from and after the 

first Wednesday in November next the Mayor and Aldermen of the 

said city shall continue to hold their respective offices for the term 

of two years, instead of the term now by law. prescribed. 

II. That the Mayor and Aldermen of the city of Charleston now 
in office shall continue therein until the said first Wednesday in 
Novend^er next. ? 

III. That from and after the passing of this Act it shall be the 
duty of all persons resident of the city of Charleston, and claiming 

as such, to exercise the right of voting at any election for Mayor Voters. 
and Aldermen of the said city, to return themselves as citizens sub- 
ject t.o a poll tax, at such time as shall be required by the ordi- 
nances of the city for making returns of taxable property; and all 
such citizens so returning themselves, shall, ibr the purpose of quali- 
fying themselves to vote as aforesaid, be liable to pay to the city, in 
the way and at the time appointed for the payment of other city 
taxes, the sum of one dollar as a poll tax, and that no person shall 
be entitled or allowed to vote at the next regular city election for 
Mayor and Aldermen, or any succeeding election of such officers, 
unless, in addition to the qualifications now required by law, he 
shall have paid the said tax at the time appointed for the payment 
of other city taxes, next })receding such election; and shall, at the 
tune that he is about to vote, produce a properly authenticated re- 
ceipt or certificate from the City Treasurer, or other officer ap- 
pointed by the City Council to receive taxes, showing that the said 
tax has been paid as aforesaid, when it shall be the duty of the 
Managers of Election to mark or stamp the said receipt or certifi- 
cate, that no attempt may afterwards be made by any other person 
again to use the said certificate for the purpose of entitling him to 
vote ; and the City Council are hereby authorized and empowered 



174 STATUTES AT LARGE 

A. D. 1852. iq make any additional regulations which they may deem necessary 
^■^ v^^ and proper, for the purpose of enforcing the provisions of this Act, 
and preventing frauds in relation to the same : Provided, hoivever, 
That nothing contained in this Act shall be intended or construed 
as giving to the said Council power or authority to impose any other 
penalty, or issue any execution to enforce the payment of the said 
tax ; and that the Act now of force requiring voters to register their 
names, shall be, and the same is hereby, repealed. 

IV. That all the laAvs now of force in relation to the election of 
Mayor and Aldermen of the' city of Charleston, except so far as 
hereby repealed, be and continue of force. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4107. AN ACT to Release from Pledge the Railway Shares 

Belonging to the State. 

I. Be it enacted by the Senate and House of Representatives, 
now met and sitting in General Assembly, and by the authority of 

Change of the same. That the Comptroller General be, and he is hereby, 
pledged stock, authorized and required to pledge to the President and Directors of 
the Bank of the State of South Carolina, so many of the shares in 
the Charlotte and South Carolina Railroad Company, now held by 
the State, as may be equal in value to the shares in the South Caro- 
lina Railroad Company, pledged to the said President and Directors 
of the Bank of the State of South Carolina, in pursuance of an Act 
entitled " An Act to provide for the payment of the instalments 
due on the shares held by the State in the South Carolina Railroad 
Company," ratified on the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty: Provided, That 
the said shares shall, in no event, be estimated at less than their 
par value. 

II. That whenever such pledge or transfer shall have been made, 
it shall be the duty of the President and Directors of the Bank of 
the State to re-transfer to the Comptroller General the shares of 
the South Carolina Railroad now held in pledge by said Bank. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and indepen- 
dence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



OF SOUTH CAROLINA. 175 

AN ACT TO Vest in William H. Trait the Exclusive ^- ^- 1'*^'-- 
Rk!iit to Navigate Little River. "— v^-' 

No. 4108. 
Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That the exclusive right to navigate Little River, (a stream .Right to nav- 
emptyiug into Broad River, on the east side of said river, at Little- UiVer. '^ '^ 
ton Depot, on the Greenville and Columbia Railroad,) or such por- 
tion thereof as he may render navigable, be, and the same is hereby, 
vested in William H. Trapp, his heirs and assigns, for the period of 
twenty-one years from the first day of January, which shall be in 
the year of our Lord one thousand eight hundred and fifty-three: 
Provided, That the said William H. Trapp shall clear out of said Proviso. 
river, or such portion thereof as he may navigate, all such natural, 
artificial, or accidental obstructions as may now interfere with the 
navigation of the same, and continue to keep the same so cleared 
out for the above period of twenty-one years, and that upon the 
failure or neglect of said William H. Trapp to keep such river so 
cleared of obstructions, for a period of more than two years at a 
time, he is and shall be thereafter excluded from the benefit of this 
Act. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Exempt Robert Hopton, a Free Person of No. 4109. 
Color, from Capitation Tax. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That from and after the passing of this Act, Robert Hopton, 
a free person of color, be, and he is hereby, exempted from the . ^^*^™p*'°° 
annual payment of the Capitation Tax now imposed by law on free 
negroes, mulattoes, and mustizoes. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



176 



STATUTES AT LARGE 



A. D. 1852. 



AN ACT TO Incorporate the Village of Cokesbury. 



No. 4110. 



Cokesbury. 



Government. 



Elections. 



I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of' the 
same, That all the free white persons having resided six months in 
the village of Cokesbury, in the District of Abbeville, are hereby 
declared to be a body politic and corporate, by the name and style 
of "Cokesbury," and its corporate limits shall extend one mile in 
each and every direction from the church now standing in said 
village. 

II. The said village shall be governed by an Intendant and four 
Wardens, who shall be elected on the second Monday in January 
next, and in every year thereafter, ten days' notice being previously 
given ; and all free white male inhabitants of said village, who shall 
have attained the age of twenty-one years, and resided therein six 
months previous to the election, shall be entitled to vote for the said 
Intendant and Wardens, and no person shall be eligible as Intendant 
or Warden, unless he shall be a freeholder residing within the cor- 
porate limits of said village. 

III. The election of Intendant and Wardens of the said village 
shall be held at the church, or some other convenient public place 
in said village, from ten o'clock in the morning until two 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 Clerk of the Court of 
Common Pleas of Abbeville District shall give the legal notice, and 
appoint the Managers for the first election ; the Intendant and War- 
dens, for the time being, shall always appoint three Managers to 
hold the ensuing election, and fjr any subsequent election, whenever 
there shall not be an Intendant and Wardens to order the same, the 
Clerk of the Court of Common Pleas for Abbeville District shall 
act. The Managers shall, before they open the polls for said elec- 
tion, take an oath fairly and impartially to conduct the same, and 
the Intendant and Wardens, before entering upon the duties of their 
offices, shall take the oath prescribed by the Constitution of this 
State, and also the following oath, to wit: "As Intendant(or War- 
den) of Cokesbury, I will equally and impartially, to the best of my 
ability, exercise the trust reposed in me, and will use my best en- 
deavors to preserve the peace, and carry into effect, according to 
law, the purposes for which I have been appointed : So help me God." 
And if any person, on being elected Intendant or Warden, shall 
refuse to act as such, he shall forfeit and pay to the Town Council 
of Cokesbury, the sum of twenty dollars for the use of said village: 
Provided, No person shall be compelled to serve more than one 
year in any term of three years. 

IV. That in case a vacancy should occur in the office of Inten- 
dant or Wardens, by death, resignation or otherwise, an election to 
fill such vacancy shall be held by the appointment of the Intendant 
and Wardens, as the case may be, ten days' previous notice having 
been given ; and in case of sickness or temporary absence of the 
Intendant, the Wardens forming a Council, shall be empowered to 
elect one of the Wardens to act in his room during the time. 

V. That the Intendant and Wardens, duly elected and qualified, 



OF SOUTH CAROLINA. 177 

shall, during their term of service, severally and respectively, be ^- ^- '^^'>-- 
vested with all the powers of" Magistrates in this State, within the '""^"v-^-' 
limits of the said village, except the power to hear and try small Powers of 

and mean causes ; and the Intendant shall and may, as often as may Warden"'^ ""' 
be necessary, summon the Wardens to meet in Council, any two of 
whom, with the Intemhmt, nuiy constitute a quorum to transact 
business ; and they shall be known by the name of the Town Coun- 
cil of Cokesbury, and they and their successors, hereafter to be 
elected, may have a common seal, which shall be affixed to all their 
ordinances. And the Intendant and Wardens shall have full povver, 
under their corporate seal, to make all such rules, by-laws and orrli- 
nances respecting the roads, streets, markets and police of the said 
village, as shall appear to them necessary and requisite for the 
security, welfare and convenience of the said village, or for preserv- 
ing health, peace, order and good government within the same; and 
the said Council may impose fines for offences against their by-laws, 
and appropriate the same to the public uses of said corporation ; 
but no fine above the sum of twenty dollars shall be collected by 
the said Council, except by suit in the Court of Common Pleas: 
And provided, also, That no fine shall exceed fifty dollars, and also Fine? not to 
that nothing herein contained shall authorize the said Council to '^^'^'^'^^ ^-"0. 
make any by-laws inconsistent with, or repugnant to, the laws of 
this State ; and all the by-laws and ordinances the Council may 
make shall at all times be subject to revisal or repeal by the Legis- 
lature of this State. 

VI. That the power and duty of organizing, superintending and 
regulating the patrol in the said village, be, and the same is hereby, Patrol, 
transferred to the said Council, and for that purpose the said Council 

is vested with the powers in that respect exercised by the officers of 
a beat company and courts martial, and severally and collectively 
the members of the said Council are made subject to like penalties 
for neglect of duty. No ordinance, however, shall diminish the 
quantity of duty or reduce the fines for neglect of duty, which is 
now, or hereafter may be, provided for by law. 

VII. That the Intendant and Wardens shall have the full and 

only power of granting licenses for billiard tables, to keep taverns. To grant li- 

or retail spirituous liquors within the said limits, which licenses censes. 

shall be granted in the same manner and u[)on the same conditions 

as they now are or may hereafter be granted by Commissioners of 

Roads, under the laws of this State ; and the powers vested in the 

Commissioners of Roads are hereby granted to the said Intendant 

and Wardens within the said limits ; and ail 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 corporation. 

VIII. That it shall be the duty of the said Intendant and War- 
dens to keep all roads, ways and streets within their corporate rr , , 

i- . ' , . , '. 1 n I I . lo keep good 

limits open and m good repan-, and for that purpose they are m- roads, 
vested with all the powers granted to Commissioners of Roads, and 
for neglect of duty therein, they shall be liable to the same penal- 
• ties as are imposed on Commissioners of Roads. The Intendant 
and Wardens shall have power to compound with all persons liable 
to work on said roads, ways and streets, to release such persons as 
VOL. XII — 12 



178 STATUTES AT LARGE 

A. D. 1852. 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 road without the said limits. 

IX. The Intendant and Wardens shall have power to appoint 
Marshals, who shall be duly sworn in and invested with all the pow- 
ers Constables now have by law, and whose jurisdiction and 
authority shall be confined within the corporate limits of said vil- 
lage. 

X. That for any wilful violation or neglect of duty, mal-practice, 
Intendantand ^busc or oppression, the said Intendant and Wardens, severally, 
Wardens jia- shall be liable to indictment, and, upon conviction, to be fined at 
ment. ' the discretion of the Court, not exceeding one hundred dollars and 

removal from office, besides being liable for damages to any person 
injured. 
Public Act. ^I- This Act shall be taken and deemed to be a public Act, and 
shall continue of force for twenty-one years, and until the end of 
the session of the Legislature then next following. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and in 
the seventy-seventh year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4111. AN ACT to Open and Extend Pitt Street, in the Town op 
Mount Pleasant, to Hibben Street. 

I. Be it enacted by the Senate and House of Representatives, now 

met and sitting in General Assembly, and by the authority of the 

Pitt street same. That Pitt street, in the town of Mount Pleasant, as delineated 

extended. j^y ^ plot of the same, made by F. Litchfield, in the year of our 

Lord one thousand eight hundred and eleven, be, and the same is 

hereby, further extended until it shall intersect Hibben street, and 

that S. Riley, T. D. Wagner, John Hamlin, C. D. Carr and W. C. 

Venning be appointed to open and lay out the said street. 

r,„ . . II. Thai the said Commissioners, after having first taken an oath 

Commission- „.,„,, , . . ,, t i i t i i • i 

CIS tomakeas- laithiull}^ and impartially to discharge the duty hereby imposed 
sessments. upon them, shall have full power and authority to award such com- 
pensation to those who may be injured by the opening and exten- 
sion of the said street, as they may deem proper after a full and 
fair examination of the premises, and to assess the persons who may 
be benefitted thereby, in such sums as they may adjudge equivalent 
to the benefits derived by them respectively from the opening and 
extension of said street; and upon the death, resignation or refusal 
to serve, of any of the said Commissioners, those who may remain 
and consent to act shall have full power to nominate and appoint a 



OF SOUTH CAROLINA. 179 

successor or successors to fill such vacancies, who shall proceed to A. D. nr,2. 
complete the object of this Act. "^"' — v — -^ 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and indepen- 
dence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Repi-eseutatives. 



AN ACT TO Amend an Act entitled "An Act to Provide No. 4112. 
FOR THE Inspection of Flour." 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That the Act entitled " An Act to provide for the Inspection 
of Flour," ratified on the twentieth day of December, in the year of 
our Lord one thousand eight hundred and fifty, be, and the same is Flour previ- 
hereby, so amended, that hereafter flour of wheat, rye or corn, which ousiy inspect- 
has been previously inspected in any port of any other State of the 
United States, by the authority of the laws thereof, shall not be 
liable to re-inspection in this State, or to any of the provisions or 
regulations of the said Act. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and in 
the seventy-seventh year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Alter and Amend an Act entitled "An Act No. 4113. 
TO Authorize the State to Aid in the Construction 
OF THE Spartanburg and Union Railroad." 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That an Act entitled " An Act to authorize the State to aid 
in the construction of the Spartanburg and Union Railroad," passed 
on the twentieth day of December, in the year of our Lord one 
thousand eight hundred and fifty, be so altered and amended as to 
read as follows: That whenever satisfactory proof is produced to AVhen the 
the Comptroller General that five hundred thousand dollars are duly r^"»n- 'j^'iH-rai 

1 .11 1 .i 1 IT , . -', IS to substTibe 

subscribed by responsible persons, or corporate bodies, to the capital for the State. 
stock of the Spartanburg and Union Railroad Company, and that 
the said company has been duly organized, he is hereby authorized 
to subscribe on the part of the State two hundred and fifty thousand 



180 STATUTES AT LARGE 

A. D. 1852. dollars to the said capital of said company, to be paid in the stock 
^•'^'^r^'^^ Ijeld by the State in the South Carolina Railroad Company, equal 
at its par value to the said sum, and that he take, in the name of the 
State, a certificate from the said company for that amount of stock, 
which said stock in the South Carolina Railroad Company shall be 
accepted by the said Spartanburg and Union Railroad Company for 
the said amount, without any recourse whatever against the State. 

II. That the subscription shall be paid in the manner and subject 
to the terras and conditions hereinafter expressed. 
When the HI. That whenever satisfactory proof shall be produced to the 
State subserip- Comptroller General that the sum of one hundred and fifty thousand 
dollars shall have been paid by the stockholders and expended in 
the construction of said road, the Comptroller General shall trans- 
fer and deliver to said company so much of the stock of the State 
in the South Carolina Railroad Company as shall amount, at its par 
value, to one hundred and fifty thousand dollars ; and when similar 
proofs shall be produced to the Comptroller General that one hun- 
dred thousand dollars more shall have been paid in and expended 
as aforesaid, the Comptroller General shall transfer and deliver 
fifty thousand dollars more of said stock to said company, and in 
the same manner the remaining subscription of fifty thousand dol- 
lars shall be paid to the said company when the road shall be fin- 
ished and in operation. 
State notiia- IV. That the State shall in no way whatever be liable for the 
bie for debts, debts and contracts of the said railroad company. 

V. That the State shall have the same rights in the company and 

in its management as is reserved to private stockholders, and the 

General Assembly shall at any time have a right to examine into 

the condition of the said company, and the said company shall, 

annually, submit to the Legislature a report exhibiting its condition 

and prospects. 

To "oin the ^^- That an irrevocable condition is hereby imposed upon said 

Greenville and company, that Said company shall locate the Spartanburg and Union 

Railroad ^ ^or Railroad so as to form a junction at some convenient and practica- 

ChariotteRaii- \^\q point with the Greenville and Columbia Railroad, or at some 

convenient and practicable point with the Charlotte and South 

Carolina Railroad. 

VII. That it shall not be lawful for said company to prevent any 
other rail or plank road company from crossing its track, or any 
branch thereof, but such crossing of tracks shall be regulated in 
every instance on such terms and conditions as :i:aY be reciprocally 
convenient to the two companies, and conducive to the public in- 
terest. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and in 
the seventy-seventh year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



OF SOUTH CAROLINA. 181 

AN ACT TO Authorize Aid in the Construction of the a. d. i8r,2. 
Cheraw and Darlington Railroad. **— ^r— ^ 

No. 4114. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of tlie 

same, That whenever satisfactory proof is produced to the Comp- when the 
troller General, within two years after the passing of this Act, that P"™p- *^'=nt'.rai 
two hundred thousand dollars are duly subscribed, by responsible for thrsute. '^ 
persons, to the capital stock of the Cheraw and Darlington Railroad 
Company, and that the said company has been duly organized, he 
is hereby authorized to subscribe, on the part of the State, one hun- 
dred thousand dollars to the said capital of said company, to be paid 
in the shares held by the State in the Charlotte and South Carolina 
Railroad Company, equal at its par value to the said sum ; and that 
he take in the name of the State a certificate from the said company 
for that amount of stock, which said shares in the South Carolina 
Railroad Company, and in the Charlotte and South Carolina Rail- 
road Company, shall be accepted by the said Cheraw and Darling- 
ton Railroad Company for the said amount, without any recourse 
whatever against the State : Provided, That no subscription shall Proviso, 
be made by the State, unless the Cheraw and Darlington Railroad 
Company shall provide for the formation of a connection, by their 
main track, with the railroad of the North Eastern Railroad Com- 
pany, on such terms and conditions as shall be agreed on between 
the companies ; and in case of disagreement, their difftrences shall 
be referred to one of the Chancellors for decision. 

II. That the subscription shall be paid in the manner and subject 
to the terms and conditions hereinafter expressed. 

III. That whenever satisfactory proof shall be produced to the \\\ie-a the 
Comptroller General thatthesum of fifty thousand dollars shall have State.sute° rip- 
been paid by the stockholders, and expended in the construction of paid/^ ''° ^^ 
said road, the Comptroller General shall transfer and deliver to said 
company so many of the shares of the State in the South Carolina 

Railroad Company as shall amount, at their par value, to fifty thou- 
sand dollars ; and when similar proofs shall be produced to the 
Comptroller General that fifty thousand dollars more shall have 
been paid in and expended as aforesaid, the Comptroller General 
shall transfer and deliver twelve thousand five hundred dollars of 
the shares held by the State in the South Carolina Railroad Com- 
pany, and twelve thousand five hundred dollars of the shares held 
by the State in the Charlotte and South Carolina Railroad Com- 
pany, to the said company, and in the same manner the remaining 
subscription of twenty-five thousand dollars shall be paid to the 
said company by a transfer of shares held by the State in the Char- 
lotte and South Carolina Railroad Company, equal at their par 
value to twenty-five thousand dollars, when the road shall be fin- 
ished and in operation. 

IV. That the State shall in no way whatever be liable for the 
debts and contracts of the said railroad company. 

V. That the State shall have the same rights in the company and „. , 

in its management as is reserved to privat^e stockholders, and the State! *^°^*'^® 
General Assembly shall at any time have a right to examine into 
the condition of the said company, and the company shall, annually, 



182 STATUTES AT LAEGE 

A. D. 1852. submit to the Legislature a report exhibiting its condition and pros- 
""""v^"^ pects, 

VI. That it shall not be lawful for the said company to prevent 

cross on certain ^^J P^^^^ or railroad Company from crossing its main track or any 

conditions. branch thereof, but such crossing of tracks shall be regulated on 

such terms and conditions as shall be suitable to the convenience of 

the two companies, and conducive to the interest of the public. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and independ- 
ence of the IJnited States of America. 

ROBT. F. ^y. ALLSTOI^, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4115. AN ACT to Vest the Right, Title and Interest of the State 
IN the Proceeds of the Sale of the Personal Estate of 
Daniel McGill, Deceased, in Catharine McDonald, 
Wife of Donald D. McDonald. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That all the right, title and interest which the State may 
have in the fund arising from the sale of the personal estate of 
Daniel McGill, late of tlie District of Marlborough, who is said to 
have died a minor, having no heirs, which fund is in the hands of 
Title vested the administrators of the said Daniel McGill, be, and the same is 
McDSfd""" hereby, vested in Catharine McDonald, wife of Donald D. McDon- 
ald, of the said District of Marlborough, her executors, administra- 
tors and assigns. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and in 
the seventy-seventh year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4116. AN ACT to Incorporate the Blue Ridge Railroad Company 

in South Carolina. 

Preamble. Whereas the State of Georgia has granted to the Blue Ridge 

Railroad Company a charter for the construction of a railroad from 
a point on the boundary line between North Carolina and Georgia, 
called the Locust Stake, by the most practicable route to Clayton, 
in Rabun County, to connect with the South Carolina Railroads at 
Anderson Court House; and whereas it is highly expedient, as well 



OF SOUTH CAROLINA. 183 

for the interest of a large portion of the people of J^orth Carolina, ^- ^- ^^'''^■ 
Tennessee and of Georgia, as of South Carolina, that such a rail- y-™—' 

road communication should be established, but such communication 
cannot be effected without the co-operation of this State, in opening 
a way for the same along that part of the proposed route which is 
in South Carolina: 

I. Be it enacted by the Senate and House of Representatives, 
now met and sitting in General Assembly, and by the authority of 
the same, That the subscribers to the capital stock hereinafter men- 
tioned, and their assignees, shall be a body politic and corporate, by 
the name and style of the Blue Ridge Railroad company in South 
Carolina, for the purpose of constructing a railroad connection be- 
tween the Greenville and Columbia Road and the Georgia line ; 
and by said corporate name shall be able and capable in law to 
purchase, hold and convey real and personal estate, to have a com- 
mon seal, make contracts, sue and be sued, and do all lawful acts 
properly incident to a corporation, and necessary and proper for the 
construction of the works and management of the business for 
which said company is incorporated. 

n. That the capital stock of said company shall be two millions Capital stock. 
five hundred thousand dollars, in shares of one hundred dollars; 
and it shall be lawful for the said company, from time to time, and 
at any time, to increase their capital to a sum or amount not ex- 
ceeding four millions of dollars* and it shall be lawful for the 
Board of Directors, for the time being, to prescribe the terras and 
conditions of subscribing to the additional capital, provided that no 
subscription, without the previous or actual payment at the time of 
the cash instalment hereinafter mentioned, shall ever be received. 

HI. That for the original capital stock of two millions five hun- 
dred thousand dollars, books of subscription shall be opened at Books to he 
Pendleton, Anderson Court House, Abbeville, Newberry, Columbia opened, 
and Charleston, by three Commissioners at each place, to wit: At 
Pendleton, E. B. Benson, J. S. Lorton and J. V. Shanklin ; at Ab- 
beville, Isaac Branch, H. A. Jones, John Mcllvain ; at Newberry, 
J. B. McMorris, B. J. Raraage and W. H. Harrington ; at Colum- 
bia, J. V. Lyles, James S. Scott and W. S. Wood ; at Charleston, 
W. H. Gilliland, Robert Adger and W. M. Lawton ; at Anderson 
C. H., B. F. Crayton, J. P. Reed and J. W. Harrison ; and the 
books shall be opened in each of the said places on the same day, 
viz: on the fifteenth day of January next. And the said Commis- 
sioners shall have authority to do all acts that may be incident or 
proper to the discharge of their duties, and shall give twenty days' 
notice of the opening of the books, and shall receive subscriptions 
for any number of shares from individuals, companies or corpora- 
tions, and shall deliver to the subscriber a certificate of the number 
of shares subscribed and the payments made thereon ; and the said 
books of subscription shall remain open ten days, and on the last 
day each set of Commissioners shall transmit to the Commissioners 
in Charleston a list of the subscribers, with the number of shares 
subscribed, and cash paid by each, and shall pay over the cash in 
their hands to the Bank of the State, in Charleston, or the Branch 
in Columbia, subject to the order of the company after its organi- 
zation; and if it should not be organized, then subject to the order 



184 STATUTES AT LAKGE 

A. D. 1852. of tlie depositors, to be refunded to the subscribers. And thereupon 
^'" v""~^ the Commissioners in Charleston shall, from all the lists, make an 
account of the whole sums subscribed and j)ai(l, and the names of 
the subscribers ; and if the amount subscribed shall fall short of 
five hundred thousand dollars, the Commissioners shall take mea- 
sures forthwith to refund to the subscribers the amounts severally 
paid by them. But if the subscriptions shall amount to five hun- 
,„, dred thousand dollars, the company shall be forthwith oriianized ; 

\\ hen organ- , „ , . , ' , • ^ i • i i i i n 

ized. and tor the residue ot the stock oi the said company a book shall 

be opened and kept open till the whole amount of the capital stock 
shall be subscribed : Provided, That no subscription shall be re- 
ceived, either before or after the organization of the company, upon 
any other terras than the cash payment of five dollars upon each 
share as a condition precedent of such subscription. 

IV. That as soon as the state of the subscriptions shall authorize 
the organization of the company, it shall be the duty of the Com- 
missioners in Charleston to announce that the company will be 
formed, and to appoint a time and place for the subscribers to 
attend, and to give one month's public notice thereof, at which time 
and place the subscribers may attend in person, or be represented 
and vote by proxy in writing, at which meeting the Chairman of 
„, . „ the Charleston Commissioners shall preside, and hold an election 

Directors. ^for nine directors, to be chosen from the body of the subscribers, 
and each subscriber shall have one vote for every share to which 
he is entitled, and the Chairman shall cause a record to be made of 
the proceedings, and shall declare the persons having the highest 
number of votes duly elected. 
r,a- ^ . V. That the Directors shall choose one of their own number as 

Officers to be -r, . , i , n i i r< i m a' 

chosen. President, and sliall also choose a secretary and Ireasurer tor one 

year, who shall give bond and security, in such sura or sums as the 
Directors may require; and the Directors shall be annually chosen 
in the same manner as hereinbefore directed, by the stockholders, 
and shall elect one of their number to be President; and, in case of 
a vacancy occuriing in the Board, between the stated periods of 
election, the Directors, or a majority of them, may fill such vacancy 
by electing a Director from the stockholders, or a President from 
their own body, and the said Directors may hold elections for offi- 
cers at any day, should it occur that the regular time of electing 
should pass without such election, upon giving ten days' notice 
thereof 
rp , , , VI. That the said company shall have power to purchase and 

To hold pro- , t , . „ . ^ , ^ ' ^ ,^ • lli 

perty. hold in fee simple, to them and their successors, any lands, tene- 

ments or hereditaments that they raay find necessary for the site or 
road bed of the said railroad, and any lands contiguous to or in the 
vicinity of the said railroad, that may be necessary for procuring 
materials for constructing or repairing said road, and such as raay 
be necessary for erecting toll houses, store houses, and other build- 
ings and accommodations that may be necessary or usefuHo said 
railroad or the business thereof; and also, all rights of way on land 
and all necessary privileges on water courses that may lie on or 
across the route of said road ; and the said company shall have 
power to conduct such railroad across any public road or highway 
Proviso. that may lie on the route of said railroad: Provided, The said 



OF SOUTH CAROLINA. 185 

company shall so construct said railroad across all public roads as ^- ^- '^^^-■ 
not to injure or obstruct the same. y 

VII. Tiiat in all cases where any lands or private rights of" way 
may be required by the said company for the purposes aforesaid, 
and the same cannot, for want of agreement of the parties as to 
price, or for any other cause, be purchased from the owner or 

owners, the same may be taken at a valuation to be made bv Com- rvT,,r„;=c;^„ 
missioners, or a majority ot them, to be appointed by the Court or ers to assess 
Common Pleas of the District where any part of the land or right P''°P^''^y- 
of way may be situated: and the proceedings in such case shall, in 
all respects, conform to the provisions and regulations for such pur- 
pose contained in the tenth Section of the Act passed on the thir- 
teenth day of January, in the year one thousand eight hundred and 
twenty-eight, for amending the Act to authorize the formation of a 
company for constructing railroads or canals from the city of 
Charleston to the towns of Columbia, Camden and Hamburg. 

VIII. That the said Blue Ridge Railroad Company, in South 
Carolina, shall have the sole and exclusive right of transportation Rights as 
and conveyance of persons, produce, merchandise, and all other common carri- 
things over and along said railroad, as long as they see fit to exer- 
cise said right ; and said company, in the exercise of said right, 

shall be regarded as common carriers, and liable as such ; and said 
company shall be authorized to fix by by-laws the charges and rates 
of transportation and carriage on said railroad, and to call on the 
stockholders for the payment of such instalments on the shares sub- 
scribed as they may deem necessary and expedient for the prosecu- 
tion and completion of the aforesaid railroad, and the works there- 
with connected, until the whole of the stock subscribed for is paid 
in; and the Board of Directors shall give ninety days' notice in a instalments, 
public gazette by publication once a month of the amount of the gj Yu ° ''*^ °'^^^ 
instalments so required to be paid and the time of payment; and 
the failure of any stockholder to comply with such demand of pay- 
ment, in addition to the liability to the recovery thereof by suit, 
shall induce a forfeiture of the share or shares on which such de- 
fault shall be made, and of all preceding payments thereon, and the 
same^hall vest in, and belong to the company at their election, and 
may be appropriated as they may see fit to the purposes for which 
the company is chartered. And the power of making by-laws, ap- 
pointing such officers and agents as the business of the company 
may require, and of entering into contracts in its behalf, and con- 
trolling generally its affairs, shall be exercised by the President and 
Directors of the company ; and said President and Directors sliall 
be authorized, from time to time, to make all by-laws and regula- 
tions touching said road and the business thereof, which may be 
deemed ex[)edient: Provided, They make none repugnant to the 
laws of the land. 

IX. That if any person shall wilfully and maliciously destroy, or 
in any manner hurt, damage or obstruct, or shall wilfully and ma- 
liciously cause or aid, or assist, or counsel and advise any other per- 
son or persons to destroy, or in any manner to hurt, damage, injure, 
or obstruct the said railroad, or any branch thereof, or any bridge 

or vehicle used for or in the transportation thereon, such person or Penalty for 
persons so offending, shall be liable to be indicted therefor, and on road! '^ '^ '^ ' ' ° ^ 



186 STATUTES AT LARGE 

A. D. 1852, conviction, shall be imprisoned not more than six, nor less than one 
^''' — v""^ month, and pay a fine not exceeding five hundred dollars, nor less 
than twenty dollars, at the discretion of the Court before which 
such conviction shall take place, and shall be further liable to pay 
all the expenses of repairing the same; and it shall not be compe- 
tent for any person so oflTending against the provisions of this clause 
to defend himself by pleading, or giving in evidence that he was 
the owner, or agent or servant of the owner, or agent of the land 
where such destruction, hurt, damage, injury or obstruction was 
done or caused, at the time the same was caused or done. 

X. That it shall be lawful for the said Blue Ridge Railroad Com- 
pany, in South Carolina, to build or make one or more branches of 

branches. ' the Said road : Provided, Such branches shall not conflict with any 
chartered rights at the time of their construction. 

XI. That it shall and may be lawful for the said company to 
combine with any other railroad, having the privilege so to do, and 
to consolidate the management of the companies so combining, and 
to make any regulation for such combination of interests and man- 
agement as the public good may require, and to them may seem 
meet. 

XII. That the President and the company hereby incorporated, 
as soon as may be after the organization of the company, shall issue 

Scrip to be ^^ each subscriber scrip or certificates of the stock held by him, and 
issued. of the amount paid thereon, and the shares of said stock held by 

any person shall be assignable and transferable in law, and the 
Board of Directors shall and may regulate the mode of issuing cer- 
tificates and making transfer of stock. 
Faith of the XIII. That the^faith and funds of the State of South Carolina 
State pledged be, and the same are hereby, pledged to secure the punctual pay- 
ioan!*"^"*^^ ^'^ ment of any contracts which shall be made for borrowing money 
by the Blue Ridge Railroad Company, in South Carolina, from any 
person or persons, company or companies, corporation or corpora- 
tions, to any amount not exceeding one million two hundred and 
fifty thousand dollars, either in the United States or in Europe, and 
when such contracts shall be made by bond or bonds signed by the 
President of the said company, under its seal, and countersigned by 
the Secretary or Treasurer thereof, it shall be the duty of the Comp- 
troller General of this State to endorse thereon, that the faith and 
funds of the State of South Carolina are pledged to the faithful 
performance of the said contract or contracts, as it respects the 
punctual payment, both of the principal and interest, according to 
the terms of the said contract or contracts : Provided, That the in- 
terest to be made payable thereon, shall not exceed six per cent, per 
annum, in quarterly or half yearly payments: A^id provided, also, 
That the Comptroller General shall not endorse any such contract 
or contracts, until satisfactory proof is produced to the Governor of 
the State, or the Comptroller General, that five hundred thousand 
dollars are duly subscribed by responsible persons, companies or 
corporations to the capital stock of the said Blue Ridge Railroad 
Company, in South Carolina: And provided, further, That such en- 
dorsement shall not be made until the Governor or Comptroller 
Geneial shall have satisfactory proof that such subscriptions have 
been made, or aid furnished to other railroad companies in North 



Proviso 



OF SOUTH CAROLINA. 187 

Carolina and Tennessee, designed to connect the said Blue Ridge ^- ^- 1852. 
Railroad with the Georgia and East Tennessee Railroad, as shall ^~"~v"~^ 
give reasonable assurance of the construction of the said North 
Carolina and Tennessee Railroads. 

XIV. That as soon as the Comptroller General shall have made 
any such endorsement on any such contract, the whole estate, pro- -r i - i 
perty and funds, within the State, which the said company may then property iii'tiiu 
possess, or shall afterwards acquire, shall thenceforth stand pledged lowered ^mort- 
and mortgaged to the State, without any further act or deed on the fr'^^ed to the 
part of the company, for the faithful and punctual performance, on 
the part of the said company, of such contract, in priority and 
preference of any other debt which the said company may then or 
at any other time owe: Provided, That nothing herein contained 
shall be construed to prevent the said Blue Ridge Railroad Com- 
pany, in South Carolina, from applying the proceeds of the loan so 
made by them, and the instalments which may be called for and 
paid in, on the stock of the company, for the purposes of construct- 
ing, eijuipping and working the road, and for no other purpose, 
except to pay the interest on the said loan or loans, and the ultimate 
extinguishment of the principal thereof: And provided, further, 
That so long as no part of the principal of the debt of the company 
under the contracts aforesaid, shall be due and unpaid, it shall be 
lawful for the company to divide among its stockholders its surplus 
nett income, after payment of the interest due upon its debts: And 
2'>rovided, further. That the Comptroller General shall not endorse. The bonds, 
as aforesaid, any such bond or bonds, until the stockholders in the dmsed°by the 
said company shall have paid in two hundred and fifty thousand Comptroller, 
dollars, and the same shall have been expended in the construction 
of the road ; whereupon, the Comptroller General shall be author- 
ized to endorse such bonds to an amount not exceeding six hundred 
and twenty-five thousand dollars, and when two hundred and fifty 
thousand dollars more shall have been paid in by the stockholders, 
and expended as aforesaid, he shall be authorized to endorse such 
bonds to the further amouut of six hundred and twenty-five thou- 
sand dollars : And provided, also. That none of the said bonds en- 
dorsed as aforesaid, shall be issued or sold, unless the said company 
shall receive therefor their full par value, and if any bonds so 
endorsed shall be sold or issued in violation of this condition the 
endorsement thereon shall be void. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and in 
the seventy-seventh year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Authorize the State to Aid in the Construc- No. 4117. 
TiON OP THE Northeastern Railroad. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of 



188 STATUTES AT LARGE 

A. D. 1852. the same, That whenever satisfactory proof is produced to the Corup- 
" ^ ' troller General that six hundred thousand dollars are duly sub- 
scribed, by responsible persons or corporate bodies, to the capital 
stock of the Northeastern Railroad Company, and that the said corn- 
State to sub- P^"y has been duly organized, he is hereby authorized to subscribe, 
ofs^^C^^R^di- ^^" the part of the State, two hundred and fifty thousand dollars to 
road stock. the said capital of said company, "from which however is to be 
deducted any amount which may have been heretofore subscribed 
by the Bank of the State for shares in the said company," to be 
paid in the stock held by the State in the South Carolina Railroad 
Company, equal at its par value to the said sura, and that he take, 
in the name of the State, a certificate from the said company for 
that amount of stock, which said stock in the South Carolina Rail- 
road Company shall be accepted by the said Northeastern Railroad 
Company for the said amount, without any recourse whatever 
Proviso. against the State: Provided, That no subscription shall be made by 
the State unless the Northeastern Railroad Company shall provide 
for the formation of a counectiou by their main track with the 
railroad of the Cheraw and Darlington Railroad Company, on such 
terms and conditions as shall be agreed on between said companies; 
and in case of disagreement, their diflTerences shall be referred to 
one of the Chancellors for decision. 

II. The subscription shall be paid in the manner and subject to 
the terms and conditions hereinafter expressed. 

III. Whenever satisfactory proof shall be produced to the Comp- 
b ^the'^State^ troller General that the sum of one hundred thousand dollars shall 
when to ' be have been paid by the stockholders, and expended in the construc- 
^^''^^'^' tion of said road, the Comptroller General shall transfer and de- 
liver to said company so much of the stock of the State in the 
South Carolina Railroad Company as shall amount at its par value 
to one hundred thousand dollars; and when similar proofs shall be 
produced to the Comptroller General that one hundred thousand 
dollars more shall have been paid in and expended as aforesaid, the 
Comptroller General shall transfer and deliver one hundred thou- 
sand dollars more of the said stock to said company, and in the 
same manner the remaining subscription of fifty thousand dollars 
shall be paid to the said company, when the road shall be finished 
and in operation, and in the like proportion should the subscription 
on the part of the State be reduced, as stated in the first Section. 

State not lia- IV. The State shall in no way whatever be liable for the debts 
debts. °^ ^ ^ and contracts of the said railroad company. 

V. The State shall have the same rights in the company and its 
management as are reserved to private stockholders, and the 
General Assembly shall, at any time, have a right to examine into 

Annual re- the condition of the said company, and the company shall annually 
fo the^Legida- submit to the Legislature a report exhibiting its condition and pros- 
ture. pects. 

VI. That it shall not be lawful for the said company to prevent 
any other rail or plank road company from crossing its track, or 
any branch thereof, but such crossing of tracks shall be regulated 
in every instance on such terms and conditions as may be recipro- 



OF SOUTH CAROLINA. 189 

cally couvenient to the two companies, and conducive to the public ^- ^- ^**-- 
interest. '^ 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eiyht hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and indepen- 
dence of the United States of America. 

ROBT. F. W. ALLSTON", President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Arrange this State into Districts for the No. 4118. 
Election op Representatives in the Congress of the 
United States, and for other purposes. 

I. Tie it enacted by the Senate and House of Representatives, 
now met and sitting in General Assembly, and by the authority of 

the same, That this State be, and is hereby, divided into six Dis- Districts, 
tricts, for the purpose of electing Representatives from this State to 
the Congress of the United States, of which the united Districts of 
Lancaster, Chesterfield, Marlborough, Darlington, Marion, AVilliams- 
burg, Horry and GeorgetOAvn shall constitute one District, to be 
designated the First Congressional District ; the District of Charles- 
ton, exclusive of the Parish of St. John's, Colleton, shall constitute 
one District, to be designated the Second Congressional District; the 
united Districts of Beaufort, Barnwell, Orangeburg, Colleton, and 
the Parish of St. John's, Colleton, shall constitute one District, to 
be designated the Third Congressional District; the united Districts 
of Lexington, Edgefield, Newberry, Laurens and Abbeville shall 
constitute one District, to be designated the Fourth Congressional 
District; the united Districts of Anderson, Pickens, Greenville, 
Spartanburg and Union shall constitute one District, to be designa- 
ted the Fifth Congressional District; the united Districts of York, 
Chester, Fairfield, Richland, Kershaw and Sumter shall Cv)nstitute 
one District, to be designated the Sixth Congressional District ; and 
vach. of the said Districts, so constituted, shall send one Represen- 
tative to the House of Representatives of the United States, who 
shall be chosen by the persons qualified to vote for members of the 
House of Representatives of this State. 

II. That the election of Representatives from this State to the 

next Congress shall be held on the fourth Monday in February next, Xext election 
and the day following, at the same places, and be conducted by the j^ebmary! *° 
same Managers, and in the same manner as the election of members 
of the State Legislature ; and the person who shall have the great- 
est number of votes in the several Districts thus constituted shall be 
the member for that District to the House of Representatives in the 
next Congress of the United States from this State. 

III. That the elections of members of the House of Representa- 
tives of the United States from this State, after the next election, ,. ^^*"rf ^J<^f; 

u 11 1-111 1 • 1 Till XT tions to be nelu 

snail be held at the same time, and conducted by the same Mana- usual time, 
gers, and in the same manner as the elections of members of the 



190 STATUTES AT LARGE 

A. D. 1852. State Legislature, and the person having the greatest number of 
^"^v""^ votes in any Congressional District, at any of the said elections, 
shall be the Representative of that District in the Congress of the 
United States. 

IV. That the votes, when returned to Columbia, shall be counted 
by his Excellency the Governor and Commissioners whom he may 
call to his assistance, on the fourth Monday in March next, and by 
proclamation he shall announce the persons elected as by law now 
provided. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and in 
the seventy-seventh year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON", President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4119. AN ACT to Vest the Right and Title of the State in 

AND TO CERTAIN EsCHEATED PROPERTY IN CERTAIN PER- 
SONS THEREIN MENTIONED. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That all the right, title and interest which the State may 

Property of c. have in certain real estate in the city of Charleston, lately held by 
B. S. Gulden. Christina B. S. Gulden, deceased, that is to say: two certain lots of 
land on the south side of Elliott or Bridge street, in the said city, 
adjoining each other, and measuring each one hundred feet in front 
by one hundred and seventy-two feet in depth, more or less, the 
easternmost of said lots being known by the number (12) twelve, 
be, and the same is hereby, vested in Robert Adger, executor of the 
last will and testament of the said Christina B. S. Gulden, in trust, 
for the uses of the said will. 

II. That all the right, title and interest which the State has in 
-p . , , the real and personal estate of Arthur J. Counts, an illegitimate, be 

Counts. vested in Elizabeth Counts, her heirs and assigns. 

III. That all the right, title and interest which the State may 
C F Levy have in the real estate of Margaret Elliott, John Mason and Joseph 

Mason, deceased, be vested in Charles F. Levy, his heirs and 
assigns. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and in 
the seventy-seventh year of the sovereignty and independence 
of the United States of America, 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



OF SOUTH CAROLINA. 191 

AN ACT IN Relation to the Execution of Slaves and ^- ^- i^52- 
Free Persons of Color. "-"-v— ' 

No. 4120. 
Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That from and after the passing of this Act it shall be the 
duty of Magistrates and freeholders, who shall convict any free 
negro, slave or other person of color, subject to the jurisdiction of 
such court, of any capital offense, and sentence such person to capi- 
tal punishment, to direct the warrant of execution to the Sheriff of sheriff to ex- 
the judicial district in which the offense was committed, whose duty ecutethe law. 
it shall be to execute such sentence at the time and place specified 
in said warrant, and for which he shall be entitled to one-half the 
compensation now allowed by law for executing a white person. 
And in case of default herein by the Sheriff, he shall be liable to all 
the punishments now provided by lavy, for the punishment of official 
misconduct of district officers, passed on the eighteenth day of De- 
cember, in the year of our Lord one thousand eight hundred and 
twenty-nine. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and indepen- 
dence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT to Re-Charter the Planters' & Mechanics' Bank No. 4121. 
OF South Carolina, the Union Bank of South Caro- 
lina, the Commercial Bank of Columbia, South Caro- 
lina, AND to Incorporate the Exchange Bank of 
Columbia, the Farmers' & Exchange Bank, and the 
People's Bank op Charleston, the Bank of Newberry, 
the Bank of Chester, the Bank of Sumterville, the 
Planters' Bank of Fairfield, and the Western Bank 
of South Carolina, at Anderson. 



\ 

1 I. Be it enacted by the Senate and House of Representatives, now 
! met and sitting in General Assembly, and by the authority of the 
same, That the charter of the Planters' & Mechanics' Bank of South 
Carolina be, and the same is hereby, renewed for the term of twenty- Charter rc- 
one years from and after the first day of January next, which will newcd. 
be in the year of our Lord one thousand eight hundred and fifty- 
three. 

II. That said bank shall, during the said term of twenty-one 
years, be permitted to enjoy all the privileges, rights, powers, immu- 
nities and benefits which it now enjoys under the existing charter of 
said bank, and the said bank shall be subject to all the provisions 
of an Act, ])assed on the eighteenth day of December, in the year Act oflm*^ '" 
of our Lord one thousand eight hundred and forty, entitled " An 



192 STATUTES AT LARGE 

A. D. 1852. ^ct to provide against the suspension of specie payments by the 
^-"^^r^"^^ banks of this State," and also to such regulations and restrictions 
as the Legislature shall from time to time impose. 

III. That the capital stock and other property of the said Plant- 
ers' & Mechanics' Bank, and all the other banks hereby re-chartered 
or incorporated, shall be liable to taxation in the same manner as 

Capital lia- ^^^^ Capital stock and property of individuals and of other corpora- 
bie to taxation tions : Provided, That no municipal corporation shall tax the capi- 
by the State, tal stock or profits of said banks without authority first had and 
obtained from the Legislature. 

IV. That in case of the failure of said bank, each stockholder, 
copartnership or body politic, having a share or shares in such bank 
at the time of such failure, or who shall have been interested therein 
at any time w'ithin twelve months previous to such failure, shall be 

Liability of liable and held bound, individually, for any sum not exceeding 
stockholders, twice the amount of his, her or their share or shares. 

V. It shall not be lawful for the said bank, except in settlements 
out bills ^of '"'ith other banks, to pay or deliver out in payment or satisfaction 
otherbanks. of any demand upon it, or by way of loan or discount, any bill, 

note, check or other paper of any other bank. And for each and 
every violation of this Section the said bank shall be subject to the 
payment of one hundred dollars, to be recovered by action of debt, 
at the suit of the State, and appro|)riated, one half to the use of the 
State and the other half to the informer. 
Bills receiv- ^^- '^'^^ ^^^^^ ^^ notes of the said bank shall be receivable by the 
able for taxes Treasurers, Tax Collectors, and other public officers, in payment for 
specif. ^^^^"^ taxes and other moneys due to. the State, no longer than while the 
said bank shall 'promptly pay, on demand, gold and silver current 
coin for their notes ; but whenever the said bank shall refuse or 
delay to pay any of their notes in gold or silver current coin, or 
whenever there shall be a protest on any of the bills or notes of the 
said bank for non-payment in specie, it shall be the duty of the 
Comptroller General to forbid the receipt of the bills or notes of the 
said bank for taxes and other public dues, unless satisfactory reasons 
be shown him by the said bank for contesting, in a court of justice, 
the payment of such protested bills or notes. 

VII. That the charters of the Union Bank of South Carolina, 
4-i,„9T^^i®^^ °J and the Commercial Bank of Columbia, South Carolina, be also 

the Union and . . i • i i • i • i 

of the Com- renewed, rrom the period at which their charters respectively expire, 
renewed. '^^ ^ ^0^ ^he Same time and with the same rights, privileges and obliga- 
tions, and subject to the same regulations and restrictions as herein- 
before provided in relation to the said Planters' & Mechanics' 
Bank. 

VIII. That the following eight banks are hereby incorporated, to 
Names of new be named and known as follows, to wit: One in Columbia, to be 

banks. known as the " Exchange Bank of Columbia," with a capital of five 

hundred thousand dollars, and with the privilege of increasing it to 
one million ; one at Charleston, to be known as the " Farmers' & 
Exchange Bank of Charleston,'' with a capital of one million of 
dollars ; one at Chester, to be styled the " Bank of Chester, South 
Carolina," with a capital of three hundred thousand dollars ; one at 
Newberry, to be styled the " Bank of Newberry, South Carolina," 
with a capital of three hundred thousand dollars ; one at Winns- 



OF SOUTH CAROLINA. 193 

borough, to be styled the " Planters' Bank of Fairfield," with a ^- 1>- ''S-'^s. 
capital of three hundred thousand dollars; one at Anderson, to be ^-.-'^/^^-' 
styled the " Western Bank of South Carolina," with a capital of 
three hundred thousand dollars; one at Sumterville, to be styled 
the "Bank of Sumterville," with a capital of three hundred thou- 
sand dollars; and one at Charleston, to be styled the "People's 
Bank of South Carolina," with a capital of one million dollars ; 
which said banks shall have and possess the same rights and privi- 
leges, and be subject to the same duties, liabilities, obligations, regu- 
lations and restrictions herein provided for the said Planters' & 
Mechanics' Bank, and Union Bank and Commercial Bank. The 
capital stock of each of the said eight banks shall be divided into 
shares of twenty-five dollars each. 

IX. The Comptroller General shall be authorized to appoint fit Comptroller 
and proper persons as Commissioners at Columbia and Charleston, (General to ap- 

11 L 1 -J i. I • ..• 1 * ii point Comini?- 

or elsewhere, as he may decide, to open subscriptions, between the sioners to re- 
first day of April and the fiist day of July next, to the capital stock tSnl "^''^"■''^' 
of the eight banks respectively named in the foregoing Section, and 
to require five dollars on each share from subscribers in specie or 
notes of specie paying banks of this State, and shall deposit the 
same in such bank as a majority of the subscribers shall designate, 
for the use of the respective banks, on the first meeting of the sub- 
scribers. That as soon as the subscription shall respectively be 
filled to the amount of the capital stock of each of the banks re- 
spectively hereinbefore named. Id shall be the duty of the Comptrol- 
ler General to notify said subscribers to meet, who shall thereupon 
become a body corporate, with the same privileges and rights as the gcribers*^" ^be- 
stockholders of the banks whose charters are hereby reuewed, and come a cor- 
make all by-laws not inconsistent with the laws of the land, to j^ro- ^"^^^ ^ 
vide for the election of officers, the division of the capital t-tock as 
aforesaid, the payment of the subscriptions and all arrangements to 
put into operation the charters hereby granted : Provided, That no Proviso, 
one of the banks hereby incorporated for the first time, shall issue 
any bill or note or transact business until satisfactory proof shall be 
given to the Comptroller General that one-half of the capital stock 
of each bank has been paid in, one moiety thereof in gold or silver, 
and the other moiety in notes of specie paying banks: And pi'ovi- . Oversub- 
ded, further. That in case of over subscription to the stock of any reduced"* 'pro 
of the foregoing banks, the said subscription shall be reduced pro '"'■'■'"• 
rata, but no subscription of five shares or under shall be reduced ; 
and it shall not be lawful for any person to subscribe for shares in 
the name of other persons. 

X. No loan shall be made on pledge of stock of any of the said 
banks until one year after the whole capital shall have been paid in. 

XL The officers of the banks above named shall not be exempt 
from militia duty or from serving on juries. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and in 
the seventy-seventh year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 
YOL. XII — 13 



194 STATUTES AT LARGE 

A. D. 1S52. ^'^ ACT TO Authorize the Conveyance of certain Par- 
" ^^ ' cels of Land, in fee simple, to Thomas Bennett and 

No. 4122. James Fuller, upon certain conditions. 

L Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
. P _ same. That the Attorney General be, and he is hereby, authorized 

enii to make and empowered, (upon sufficient proof having been made before 
Bennett '^'^ ^^^ ^^'"^^ Thomas Bennett has paid the purchase moneys for two 
lots of land known as numbers " eleven " and " twelve," on the plan 
or map of the " Lines," of record in the office of Register of Mesne 
Conveyances for Charleston District due upon his purchase, at a 
sale of the same, made by order of the Commissioners for raising a 
Municipal Guard in the month of October, in the year of our Lord 
one thousand eight hundred and twenty-three,) to make and execute 
to the said Thomas Bennett a deed conveying to him, his heirs and 
assigns, forever, all the right, title and interest of the State of South 
Carolina in and to the said two lots of land : Provided, hoivever, 
That the expenses of making the proof hereinbefore required, and 
of executing the title herein authorized to be made, shall be paid by 
the said Thomas Bennett. 
Title to Jas. ^^- That upon the pa3'ment by James Fuller of the sum of two 
Fuller on pay- hundred dollars to the agent of the State for the sale of vacant lots 
ing^- ■ in the town of Columbia, within three months from the passage 

hereof, the said agent be authorized to convey lots numbered twenty- 
nine (29) and thirty (oO) iu tlie town of Columbia to James Fuller, 
his heirs and assigns. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4123. AN ACT to Incorporate the Beaufort Female Seminary. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of 
the same, That Thomas Fuller, Lewis R. Sams, Jacob D. Guerard, 
Robert AV. Barnwell, Stephen Elliott, Henry M. Stewart, Edmund 
Rhett, Henry M. Fuller and Benjamin J. Johnson, and their suc- 
cessors, be, and they are hereby, declared a body politic and corpo- 
Name. rate, under the name and style of Trustees of the Beaufort Female 
Seminary, and by the said name shall have perpetual succession of 



OF SOUTH CAROLINA. 195 

officers and members and a common seal, -with power to change, A. D. I8;"i2. 
alter and make new the same, as often as the said corporation shall ' y ' 
judge expedient. 

II. That the said corporation shall be capable in law to purchase, rp^ ,|,,,,| .^^^^j 
have, hold, receive, enjoy, possess and retain to itself, in perpetuity, sciiproijerty. 
or for any term of years, any lauds, tenemeuts or hereditaments or 

other property of what kind or nature soever, and to sell, alien or 
release the same as they shall think proper; and also, that it shall 
and may be lawful for the said corporation to take and hold for- 
ever any charitable donations, devises or bequests of land or per- 
sonal property, and to appropriate the same to the purposes of the 
said corporation; and by its said name to sue and be sued, implead 
and be impleaded, answer and be answered unto, in any Court of 
law or equity in this State: Provided, always. That all such pur- proviso 
chases, donations, devises and bequests of land or personal property, 
shall be exclusively appropriated to the establishing and endowing 
of a female seminary in the town of Beaufort, and shall not in the 
whole exceed the sum of twenty-five thousand dollars. 

III. That the said female seminaiy be under the management 
and control of the aforesaid Trustees or a quorum or Board thereof, 

to be chosen, appointed and perpetuated as follows: The said Trus- Trustees to be 
tees and their successors shall meet on the first jNIonday of March, annually eiect- 

. P T-i (• I ' ed by ballot. 

m every year, at such place in the town oi Beauiort as they may 
by notice designate, and the major part of those so met shall elect, 
by ballot, a President and such other officers as they shall think 
necessary for the year ensuing. On the death, resignation or remo- 
val from the State of any Trustee, the President, or, in his absence, 
the next presiding officer, shall, within three months thereafter, 
cause the other Trustees to be summoned to meet, and the Trustees 
who shall meet, or a majority of those so met, not less than a quo- 
rum being present, shall choose by ballot another Trustee in the 
place of the one so dying, resigning or removing, who shall be 
vested with all the powers and privileges of his predecessor. 

IV. That the said Trustees, or a majority of them, shall have Powers of the 
full power and authority, from time to time, to make, constitute and Trustees, 
establish such and so many by-laws, rules and orders as to them 

shall seem necessary and convenient, which said by-laws, rules and 
orders so made, shall be binding upon all persons in anywise con- 
nected with the said seminary. 

V. That this Act shall be deemed a public Act, and shall be -n i i 

• !• • 11 1 • f 1 -1 '111- Declared a 

judicially taken notice or as such, without special pleading. public Act. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



196 STATUTES AT LARGE 

A. D. 1852. ^ BILL TO Alter and Amend the Constitution so as to 
";;■ Y -^ Change the Name of the Election District of Saxe- 

NO. 4124. GOTHA TO THAT OF LEXINGTON, AND TO ExTEND ITS BOUN- 

DARIES TO ITS Present Judicial Limits. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of 
the same. That the amendment of the Constitution, ratified on the 
seventeenth day of December, in the year of our Lord one thou- 
sand eight hundred and eight, be amended to read as follows: The 
, , election District, called bv the name of Saxe-Gotha, shall be chans^ed 
'to that of Lexington, and the boundaries thereof extended to the 
judicial limits of the same, as now fixed by law. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-one : We 
certify that the above Bill has been read the present session, 
three times in the House of Representatives and three times 
in the Senate, and was agreed to by two-thirds of both 
branches of the whole representation on the second and third 
reading thereof. 

ROBT F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and indepen- 
dence of the United States of America : We, the President 
of the Senate and Speaker of the House of Representatives, 
' do certify, that the foregoing Bill has been read three times, 

on three several days in each House, and was agreed to by 
two-thirds of each House, by yeas and nays, in the terms of 
the Constitution of this State. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4125, A BILL to Alter the Constitution of this State so as 
TO Divide Pendleton into Two Election Districts. 

I. Be it enacted by the Senate and House of Representatives, 
now met and sitting in General Assembly, and by the authority of 
the same. That the Constitution of the State be altered and amended 
as follows : The District of Pendleton shall constitute two election 

Anderson Districts, to be called Anderson District and Pickens District, 
iustricts^'^^^"^ Anderson District shall include all the territory now constituting 
Anderson Judicial District, and Pickens District shall include all 
the territory now constituting Pickens Judicial District. 

II. Each of the said Districts shall be entitled to elect one Sena- 
tor and such a number of Representatives as they may respectively 



Senator .'iiiil 
e ij r e s e n t a - 



OF SOUTH CAROLINA. 197 

be entitled to from time to time, according to the provisions of the ^- ^- ^^•'^^• 
Constitution now of force. 

III. That until the next apportionment of Representatives, An- j^ 
derson District shall he entitled to four memhers in the House of tivee. 
Representatives, and Pickens District to three members. 

In the Senate House, the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, and 
in the seventy-seventh year of the sovereignty and indepen- 
dence of the United States of America: We certify that the 
above Bill has been read the present session, three times in 
the House of Representatives and three times in the Senate, 
and was agreed to by two-thirds of the whole representation. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Raise Supplies for the year commencixg in No. 4126. 
October, one thousand eight hundred and fifty-three. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That a tax for the sums and in the manner hereinafter men- 
tioned, shall be raised and paid into the public treasury of this 
State for the use and service thereof, that is to say : fifty cents 
ad valorem on every hundred dollars of the value of all the lands Taxoniand=; 
granted in this State, according to the existing classification as hereto- 
fore established ; one-half cent per acre on all lauds lying within 
the Catawba Indian boundary, to be paid by each grantee or lessee 
of said Indian lands, until otherwise directed by law ; sixty 
cents per head on all slaves ; two dollars on each free negro, mulatto free ndgroeif."'^ 
or mustizoe between the ages of fifteen and fifty years, except such 
as shall be clearly proved, to the satisfaction of the Collectors, to be 
incapable, from maims or otherwise, of procuring a livelihood; 
twenty-fiv^e cents ad valorem on every hundred dollars of the 
value of all lots, lands and buildings within any city, town, buddings. *°^^ 
village or borough in Ihis State ; sixty cents per hundred dollars 
on factorage, employments, faculties and professions, including the Faculties and 
profession of dentistry, (whether in the profession of the law, the ""^*^^^*'""** 
profits be derived from the costs of suit, fees or other sources of 
professional income,) excepting clergymen, school-masters, school- 
mistresses and mechanics, and on the amount of commissions re- 
ceived by Vendue Masters and Commission Merchants ; thirty 
cents per hundred dollars on the capital stock paid in on the first 
of October, one thousand eight hundred and fifty-three, of all banks Banks and 
which for their present charters have not paid a bonus to the State; incorporated 
thirty cents per hundred dollars on the capital stock of all incorpo- 
rated insurance companies ; thirty cents per hundred dollars on the 
capital stock of all incorporated gas-light companies ; fifteen cents 
per hundred dollars on all premiums taken in this State by the 
agencies of insurance companies and underwriters without the limits companleJ.''"*^^ 



198 STATUTES AT LARGE 

A. D. 1853. of this State ; twenty cents upon every hundred dollars of the amount 

'"'"■'V"^ of sides of goods, wares and merchandise, embracing all the articles of 

Merchandise, ^j-^de, for sale, barter or exchange (the products of this State, and 

the unmanufactured products of any of the United States or 

Territories thereof, excepted,) which any person shall have made 

from the first day of January of the present year, to the first day of 

January, in the year of our Lord one thousand eight hundred 

and fifty-four, either on his, her or their capital or borrowed 

capital, or on account of any person or persons, as agent, 

attorney or consignee; twenty cents upon every hundred dollars of 

the amount of sales of goods, wares and merchandise whatever, 

which any transient person, not resident in this State, shall make 

Public exlii- in any house, stall or public place ; ten dollars per day for 

bitions. representing publicly, for gain and reward, any play, comedy, 

tragedy, interlude or farce, or other employment of the stage, or any 

part therein, or for exhibiting wax figures, or other shows, of any 

kind whatsoever, to be paid into the hands of the Clerks of the 

Courts respectively, who shall be bound to pay the same into the 

public treasury, except in cases where the same is now required by 

law to be paid to corporations or otherwise. 

II. That all taxes levied on property, as prescribed in the first 
Payment. Section of this Act, shall be paid to the Tax Collector for the Dis- 
trict or Parish in which said property is located. 

III. In making assessments for taxes on the value of taxable prop- 
Miinijfactiu-es qj-ij used in manufacturing, or for railroad purposes, within this 

State, the value of the machinery used therein shall not be inclu- 
ded, but only the value of the lots and buildings as property merely. 

IV. That the Tax Collectors in the several Districts and Parishes in 
this State, in their returns hereafter to be made, be, and they are hereby, 
required and enjoined, to state the precise amount of taxes collected 

T fo ^y thsm for the purpose of supporting the police of the said several 
support of pi- Districts and Parishes aforesaid, stating the rates per centum on the 
^^^^- amounts of the State tax collected for said District and Parish 

police purposes, and the Comptroller General shall return the same 

in his report. 

V. That free negroes, mulattoes, mustizoes, be, and they hereby 
Returns of are, required to make their returns, and pay their taxes, during the 

free negroes. ^jonth of March. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4127. AN ACT to make Appropriations for the Year commen- 
cing IN October, one thousand eight hundred and 
fifty-three. 

L Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly,, and by the authority of the 



OF SOUTH CAROLINA. 199 

same, That the following sums be, and they are hereby, appropriated A. D. im?,. 
for the payment of the various officers and expenses of the State ^"^ ~y-~"^ 
government, that is to say : 

In the Executive Department. — For the salary of the Gov- Kxecutive 
ernor, three tliousand five hundred dollai's ; for the Private Secretary '^'^ ™''" ' 
of the Governor, five hundr<5d dollars; for the Messenger of the 
Governor, two hundred and fifty dollars ; for contingent fund of the 
Executive Department, twenty thousand dollars, to be subject to the 
draft of the Governor, and to be accounted for annually by him to 
the Legislature ; for the rent of the Governor's house, in Columbia, 
three hundred dollars. 

II. In the Legislative Department. — For the pay of the Legislative 
Members of the Legislature and the Attorney General and Department. 
Solicitors, during the present session, twenty-one thousand dol- 
lars, if so much be necessary ; for the salaries of the Clerks 
of the Senate and House of Representatives, one thousand dol- 
lars each, and to the said Clerks, for the services of two 
Assistant Clerks, two hundred and fifty dollars for the Clerk 
of the House, and two hundred and fifty dollars for the Clerk 
of the Senate, to be paid at the adjournment of the Legisla- 
ture ; for the salaries of two Messengers and two Doorkeepers, 
each two hundred and fifty dollars, to be paid at the adjourn- 
ment of the Legislature ; for the salary of the Keeper of the State 
House and Librarian, seven hundred dollars; for the salaries of 
the Reading Clerks of the Senate and House of Representatives, 
each two hundred and fifty dollars, to be paid at the end of the 
session ; for the services of Engrossing Clerks, to be paid under the 
direction of the Speaker of the House and President of the Senate, 
four hundred dollars ; for the Printers of the Senate and House of 
Representatives, in pursuance of the contracts made by the Com- 
mittees of both Houses, nine thousand dollars, if so much be neces- 
sary, for the printing executed by the said printers during the pres- 
ent session of the Legislature, the same to be paid to them as soon 
as the amount of the said contracts shall be ascertained by the 
Treasurer of the Upper Division ; for the Printer, for printing in 
pamphlet form the Acts and Journals of both Houses, Reports and Re- 
solutions agreed to, the Governor's Message, Reports of the President 
of the Bank and Comptroller General, with the accompanying docu- 
ments, three thousand seven hundred and fifty dollars, if so much be 
necessary: Provided, That the number of copies specified in the 
proposals of the Printei's, as accepted by the Legislature, shall be 
printed and deposited in the office of the Treasurer of the Upper 
Division, at Columbia, before the twentieth day of February next ; 
and the amount to be paid, according to the proposals, which shall be 
ascertained by the Treasurer aforesaid : And further provided, That 
the Printer of the Acts and Journals do publish in his newspaper, 
at Columbia, all the public Acts which may be passed at the present 
session, within three weeks after the adjournment of the Legislature; 
for Wm. F. Arthur, for contingent expenses during the present ses- 
sion of the Legislature, twelve hundred dollars, if so much be ne- 
cessary, to be accounted for by him at the Treasury, and reported 
by the Treasurer to the General Assembly ; for stationery, fuel, dis- 
tributing Acts, expenses for the election returns, fourteen hundred 



200 STATUTES AT LAKGE 

A. D. 1853. dollars, if so raucli be necessary ; for the purchase of books for 
^""^■v— ^ the Library of the Legislature, five hundred dollars. 

Jndieiary uj Ij;^ the Judiciary DEPARTMENT. — For the salaries of ten 

Deiiartment. -,, , , iin i^i i 

Judges, three thousand dollars each ; lor the salary of the Attorney 
General, eleven hundred dollars; for the salaries of five Solicitors, 
nine hundred dollars each ; for the Clerk of the Court of Appeals 
in Columbia, six hundred dollars ; for the salary of the Messenger 
of the said Court at Columbia, two hundred and fifty dollars : Pro- 
vided, It shall be the duty of the said Messenger to summon all 
members of the bar, who are members of the Legislature, when their 
cases may be called for trial ; for the salary of the Librarian of the 
Court of Appeals in Columbia, two hundred dollars, the same to 
include the expenses of fuel ; for the purchase of books for the Li- 
brary of the Court of Appeals at Columbia, five hundred dollars ; 
for firewood and fuel for the Court of Appeals at Columbia, fifty 
dollars, if so much be necessary ; for the salary of the Clerk of the 
Court of Appeals in Charleston, six hundred dollars; for the salary 
of the Messenger of the same Court in Charleston, two hundred and 
fifty dollars; for the salary of the Librarian of the Court of Ap- 
peals in Charleston, two hundred dollars, to include expense of fuel; 
for firewood and fuel for the Court of Appeals at Charleston, fifty 
dollars, if so much be necessary ; for the purchase of books for the 
Library of the Court of Appeals at Charleston, five hundred dol- 
lars ; for the salary of the State Reporter, fifteen hundred dollars ; 
and the several appropriations aforesaid for the Clerks, Librarians, 
Messengers, Reporter, and for the incidental expenses of the Courts 
of Appeals, shall be paid by the Treasurer only upon warrants to 
be drawn by the presiding Judges of the Courts of Appeals, at such 
times and for such portions as they may deem just and proper ; and 
it shall be the duty of the said Reporter to attend in person, or by 
deputy, the sittings of the Courts of Appeals and Errors, in Colum- 
bia and Charleston, and to report such arguments and statements of 
facts as may be necessary to a correct understanding of the decisions 
of the said Courts; for the pay of jurors and Constables, forty 
thousand dollars, if so much be necessary. 
Treasury IV.' In THE TREASURY DEPARTMENT. — For the salary of the 

Department. Comptroller General, two thousand dollars ; for the salary of the 
Clerk of the Comptroller General, seven hundred and fifty dollars, 
the said Clerk to be appointed and removable at the pleasure of the 
Comptroller General ; for the salary of the Treasurer of the Lower 
Division, and for transacting the business of the Loan Ofiice, and 
for Clerk hire, two thousand dollars ; for the salary of the Treasurer 
of the Upper Division, and for Clerk's hire, sixteen hundred dol- 
lars ; for the Assessor of St, Philip's and St. Michael's, for making 
out and aflixing assessments of each return, eight hundred dollars. 
South Caro- V. FoR THE SouTH CAROLINA COLLEGE. — For the Salary of 

lina College. ^\^q President of the College, three thousand dollars ; for the salaries 
of seven Professors of the College, two thousand five hundred dol- 
lars each ; for the salary of the Treasurer of the College, five hun- 
dred dollars; for the salary of the Librarian of the College, six 
hundred dollars ; for the salary of the Secretary of the Board of 
Trustees, two hundred dollars; for the salary of the ^Marshal, four 
hundred dollars; the salaries of the President, Professors, Treasurer 



OF SOUTH CAROLINA. 201 

aud Librarian, to be paid by the Treasurer of the Upper Division, A. D. 1853. 
quarterly, in advance, their draft being countersigned by the Trea- ^— y"— ' 
surer of the College; for the purchase of books for the College Li- 
brary, two thousand dollars, to be paid to the draft of the President 
of the College, countersigned by the Treasurer of the same; for the 
expenses of one student at the South Carolina College, sent by the 
Orphan House in Charleston, four hundred dollars, to be paid to 
the order of the Chairman of the Board of Commissioners of the 
Orphan House. 

VI. For the Ordinary Civil Expenses. — For the payment of Ordinary 
the contingent accounts of the Upper Division, twenty-five thousand ^^"^^^ expenses, 
dollars, if so much be necessary ; for the payment of the contingent ac- 
counts of the Lower Division, twenty- four thousand dollars, if so much 

be necessary ; for the Commissioner to be appointed by the Governor 
to superintend the Public Works, one hundred and fifty dollars ; for 
the payment of Pensions aud Annuities, three thousand dollars, if 
so much be necessary ; for the payment of such claims as shall be 
admitted by the Legislature at its present session, seven thousand 
dolhirs, if so much be necessary ; for the support of Free Schools, 
seventy-four thousand four hundred dollars, if so much be necessary, 
to be distributed among the several Districts in the State, in the pro- 
portion of six hundred dollars to each Representative in the popular 
branch of the Legislature; for the education of the Deaf and 
Dumb,^ and of the Blind, five thousand dollars, if so much 
be necessary, to be paid to the Commissioners in the same manner 
as the appropriation heretofore made ; for refunding Taxes, as di- 
rected by the reports of the Committee of Ways and Means, and 
of Finance, and agreed to by the Legislature, three hundred dollars, 
if so much be necessary; for the payment of such other claims 
or demands on the State as may be allowed by the General As- 
sembly upon the reports of other Committees, one thousand dollars, 
if so much be necessary ; for compens'ation, according to the Act of 
eighteen hundred and forty-three, for slaves executed, two thousand 
dollars, if so much be necessary. 

VII. For Military Expenditures. — For the salaries of the Military cx- 
follovving officers, viz: Adjutant aud Inspector General, two p'^° ^ "'■^^• 
thousand five hundred dollars; Arsenal Keeper at Charleston, one 

thousand dollars; Arsenal Keeper and Powder Receiver at Colum- 
bia, at the rate of four hundred dollars per annum ; Physician of 
the Jail and Magazine Guard at Charleston, five hundred dollars ; 
and for the support of the Arsenal and jMilitary School at Charles- 
ton, sixteen thousand dollars, if so much be necessary; for the sup- 
port of the Arsenal and ^lilitary School, at Columbia, eight 
thousand dollars, if so much be necessary ; and the Arsenal School 
at Columbia, and Citadel School, at Charleston, shall be under the 
direction of the Board (>f Visitors of the said school, so that their 
sup|)()rt shall not exceed the appropriations respectivel}^ to be drawn 
and accounted for to the Legislature by the said Board of Visitors ; for 
the Military Account, as agreed to by both branches of the Legisla- 
ture, one hundred dollars, if so much be necessary ; for the Military 
contingencies, five thousand dollars, to be drawn and accounted for 
as directed by the Legislature; for defraying the expenses of 
Artillery Companies throughout the State, fifteen hundred dollars. 



202 STATUTES AT LARGE 

A. D. 1853. if so much be necessary, to be drawn and applied in the manner 
"^ Y ' prescribed by the Act in relation to that subject; for the Quarter- 
master General, five hundred dollars ; for the services of the Secre- 
tary of State, during the ensuing year, for all services in issuing all 
military commissions; and in lieu of any charge against the State 
for commissions for civil ofiices, eight hundred dollars, to be paid as 
other salaries are directed to be paid by law ; for additional appro- 
priation for the support of Military Academies at Charleston and 
Columbia, three thousand dollars; for the purpose of paying the 
account of Glaze & Radcliffe, as recommended in the report of the 
Committee on the Military, to be drawn and expended as set forth 
in the same, and in the resolutions appended, nine thousand two 
hundred and eighty dollars ; for repairing arms and Arsenal pur- 
poses in Charleston and Columbia, two thousand dollars. 

Ordinary lo- VIII. FOR ORDINARY LoCAL EXPENDITURES. — For the SUpport 

cai expenses, of the transient poor at Charleston, four thousand five hundred 
dollars, to be paid to the City Council of Charleston, and accounted 
for by them to the Legislature; for the salary of the Port Physician 
in Charleston, including boat hire and other incidental expenses, 
eight hundred dollars; for the execution of the Quarantine Laws at 
Charleston, one thousand dollars, if so much be necessary, to be 
paid to the City Council of Charleston, and expended under their 
direction ; for the salary of the Superintendent of the Fire Proof 
Building, in Charleston, during the present year, one hundred dol- 
lars ; for the support of the transient poor of Georgetown, five hun- 
dred dollars, to be expended by the Commissioners of the Poor of 
Winyaw, to be accounted for by them to the Legislature; for the 
salary of the Pilot of the harbor and bar of Georgetown, three hun- 
dred and twenty dollars ; for aiding the support of a ferry on 
Elliott's Cut, two hundred dollars, subject to the order of the 
Commissioners of Roads for St. Andrew's Parish, 

IX. For the support of tl»e Catawba Indians, two thousand dol- 

dia^^!"^^'^^" ''^"' 1^^'s. if so much be necessary, to be paid to the order of the Indian 
Agent, and to be expended under the direction of the Governor. 
Pubr build- -^- ^^^' PuiiLic BuiLDiNGs. — To Complete the new jail at Ab- 

ings. beville, six thousand four hundred and fifty dollars; to build a new 

jail in Charleston, thirty thousand dollars; to build a new jail at 
Chesterfield Court House, six thousand dollars ; to build a new jail 
at Walterboro, ten thousand dollars; to complete the jail and pur- 
chase a lot for the same at Newberry, one thousand dollars; to 
enlarge the Court House at Georgetown, five thousand dollars ; to 
enlarge Court House at Lancaster, four thousand dollars ; to enlarge 
Court House at Darlington, four thousand dollars; to enlarge 
Court House at Lexington, three thousand dollars ; to enlarge Court 
House at Williamsburg, five thousand dollars. The several amounts 
to be expended by the Boards of Commissioners of the several 
Districts respectively, and to be accounted fin- by them at the 
Treasury. And the Commissioners of Public Buildings for Colleton 
District are hereby authorized and empowered to sell the old jail 
and the lot of land attached thereto, and to apply the proceeds of 
sale to the purchase of another lot for the new jail, the said Com- 
missioners to execute titles for the old jail and lot, possession of 
them not to be delivered until the new jail is completed and ready 



OF SOUTH CAROLINA. 203 

for use. The title to the new lot purchased to be approved by the ^- ^- ^^''^■ 
Solicitor of the Southern Circuit. v-— y— "-^ 

XL For Extraordinary Expenses. — For deepening the Sul- Extraordiuary 
livau's Island Channel of the Port of Charleston, four thousand expenses. 
dollars per month, (subject to the draft of the Commission on the 
Survey of Charleston Harbor,) out of any moneys in the Treasury 
which shall arise from dividends on the railway shares of the State; 
for the Medical College of the State of South Carolina, twenty 
thousand dollars ; to enable the Trustees of the Charleston College 
to improve and extend their buildings, four thousand dollars; for 
the Lunatic Asylum, one hundred dollars, to be expended by the 
Regents in the purchase of books and a map of the State, for the 
use of the inmates. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



i 



AN ACT TO Renew and Amend the Charters op Certain No. 4128. 
Towns and Villages heretofore incorporated. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 

same. That the Act incorporating the Town of Edgefield, to- Town of 

gether with the amendments thereto, be, and the same are hereby, Edgefield. 
revived and extended, and the said town shall have and enjoy all 
the rights, powers and privileges heretofore granted. 

II. That the Act incorporating the Town of Greenville be so Town of 
amended that the Town Council of Greenville be, and they are ^"^^^'i^iiie. 
hereby, authorized to compound with persons liable to patrol duty 
in said town, for the payment of an annual tax in lieu of the per- 
formance of such duty; to establish a guard or police, for the better 
security and regulation of said town ; compel owners of lots in said 

own to make and keep in repair sidewalks adjoining their lots, 
wherever the same shall be deemed necessary by the said Council, 
and to impose a fine for the default thereof, or to make and repair 
such sidewalks, and assesss the said lot owner or owners, for the 
payment thereof; to regulate the price of licenses on all public 
exliibitions in said town ; to punish slaves and free persons of color 
for the violation of the ordinances of said town ; 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 regula- 
tions for rates of storage therefor, and for keeping and delivering 
the same ; to prevent the sale and use of fire-crackers and fire- 
works in the said town ; to impose an annual tax upon the follow- 
ing property in said town, to wit: Upon all real estate, not exceed- perty."" 
ing twenty-five cents on the value of one hundred dollars; on all 



Tax on pro- 



Chester, 



204 STATUTES AT LARGE 

A. D. 1853. slaves betweeu the age of sixteen and fifty years, not exceeding 

^""^y^'^ twenty-five cents each ; on all pleasure carriages, drawn by two or 
more horses, not exceeding three dollars each ; on all pleasure car- 
riages, rockaways, buggies, or other vehicles kept for pleasure, and 
drawn by one horse, not exceeding two dollars each ; on all hacks, 
omnibuses, drays, carts, wagons, or other vehicles kept for hire, not 
exceeding ten dollars each, to be regulated respectively by the said 

Assessors. Council ; to appoint three freeholders of the said town to assess the 
value of real estate therein, upon oath, and to return the same to 
the said Council for taxation ; and to fill any vacancy occasioned 
by the death, resignation, refusal to serve; or removal from office 
otherwise of the said assessors. And that all Acts or parts of Acts 
in relation to the Town Council of Greenville, repugnant to the 
enactments of this clause, be, and the same are hereby, repealed. 
Town of III. That an Act entitled " An Act to incorporate the town of 
Chester," passed on the nineteenth day of December, in the year of 
our Lord one thousand eight hundred and forty-nine, be so amended 
that the Town Council of Chester shall have power to compound 
with persons liable to patrol duty upon such terms as they shall by 

Patrol duty, ordinance establish ; the money so received to be applied to the 
purpose of supporting a night watch for said town; and all persons 
refusing or failing to pay such commutation, shall be liable to patrol 
duty, and for non-performance thereof, to such fines and penalties as are 
now provided by law. The said Town Council of Chester shall 
have power to impose a tax upon the keepers of ten pin alleys, and 
to grant or refuse licenses for the same, upon such terms and condi- 
tions, 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 auctioneers ; on public 
drays, wagons, livery stables, vehicles and horses kept for hire, and 
on the owners or possessors of any dog or dogs, kept within ihe cor- 
porate limits of said town. The said Town Council of Chester shall 
have power to impose an annual tax on all real estate, all stocks in 
Taxes. trade, all stocks of every kind, (railroad and plankroad stocks ex- 
cepted,) all moneys loaned at interest, all negroes, all carriages, 
wagons, horses and mules, kept for private use, and on all gold and 
silver watches, kept for private use, within the corporate limits of 
Proviso ^^^^ ^^^^ '• ^^ov'ided, That no tax shall be imposed in any one year 
to exceed the rate of ten cents on each hundred dollars' worth of 
the value of such property or capital, which valuation shall be 
ascertained by three assessors for that purpose, by the Town Council 
appointed, who shall take an oath to assess the same according to 
the best of their knowledge and understanding; the money so raised 
to be applied by the said Town Council to the uses of said corpora- 
tion. And the said Town Council shall have power to enforce the 
payment of all taxes and assessments levied by the said Council 
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 taxes. The said Town Council of Chester shall 
have 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 wherever the same shall front on or adjoin any of the public 
streets of said town, if, in the judgment of the Council, such side- 



OF SOUTH CAROLINA. 20-3 

walks shall be necessary; the width thereof and the manner of their ^- ^- i^*'^- 

conslruction to be designated and regulated by the Town Council ; ^"""^"""^ 

and for default or refusal 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 or repairing: 

Provided, That such contract for making or repairing be let to the 

lowest bidder. The said Town Council of Chester shall have power 

to arrest and commit to jail, (for a space of time not exceeding 

twelve hours,) and to fine, not exceeding twenty dollars, any person 

or persons who shall 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 sach arrest, and to call to his 

assistance the posse coinitatus, (if necessary,) and upon failure to 

perform said duty, he shall be fined in a sum not exceeding twenty 

dollars for each and every offence. 

IV. That the cor})orate limits of the town of Cheraw shall be, rp^^^^ ^f 
and the same are hereby, so extended and defined as to include Cheraw. 
therein, besides the land originally owned by the town company, 

and represented in streets and lots on the plat thereof, which is on 
file in the office of the Register of Mesne Conveyance for Chester- 
field District, the following parcels ot land, to wit : The land em- Extended 
braced within the village adjoining the north side of the said town, limits. • 
and heretofore known by the name of Powe Town, as far as to the 
north side of North street of said Powe Town, and the parcel of 
land adjoining the southwest corner of the said town of Cheraw, 
and which will be embraced therein by extending to the point of 
their intersection the southern boundary line of said town and the 
western line of Christian street, as the said lines are represented on 
the plat aforesaid ; and the Town Council of the said town of Che- 
raw shall exercise all the powers and privileges, and fulfil all the 
duties which by law now do, or at any time hereafter shall pertain 
to said Council, throughout every part of said corporate limits as 
herein extended and defined: Provided, however. That nothing 
herein contained shall be construed to give to the said Town Council streetlandkns! 
authority to open anywhere within the added territory over which 
the said corporate limits are hereby extended, any street which is 
not now open and in actual use, or to divide into lots any part of 
said territory not heretofore so divided, without the consent of the 
owners of the land to be divided into such lots, or intersected by 
such streets] 

V. The Town Council of the said town of Cheraw shall have p.- , 
power to prevent the violation of its ordinances by ordaining as to penalties.* ' 
free white persons so offending, certain fines, not exceeding fifty dol- 
lars for any one offence, and as to slaves and free persons of color, 

any suitable punishment, not extending to life or member. When 
any free white person shall be charged with an offence, for which a 
fine of more than twenty dollars is ordaine 1, the said charge sliall 
be heard and determined in an action of debt by summary process, 
to be brought in the name of the said Town Council, for the re- 
covery of said fine in the Court of Common Pleas, and if the fine 
ordained be not more than twenty dollars, the said Town Council, 
or a quorum thereof, shall have power to hear and determine the 
charge, and render judgment therein. In all cases of trials to be 



206 STATUTES AT LARGE 

A. D. 1S53. had before the said Town Council, as hereinbefore provided, the party 
""■"""v""^ charged shall be cited to trial by personal service upon him of a 
summons under the hand of the lutendant, or any one of the Ward- 
eus, wherein shall be expressed with certainty the offence charged, 
and the time and place of trial, which service shall be made at least 
five days before the <lay of trial ; the said Town Council shall have 
power to procure and compel the attendance of witnesses by process 
similar to that which by law Magistrates may use in the trial of 
small and mean causes, and to enforce the judgments reudered by 
an execution in the nature of a fieri Jaciis against the personal 
goods of the offender, and from any judgment so rendered by the 
said Town Council, an appeal to the Court of Common Pleas for 
Chesterfield District may be taken by the defendant in the same 
manner and upon the same terms as are now provided in the case of 
judgments rendered by Magistrates in civil causes. The Marshal 
Marshal to yf \\^q gaid Town of Cheraw shall have power to serve and execute 
serve proceb . ^jj gyp^f^ionses and other process, mesne or final, issued by the said 
Town Council by virtue of this Act, and the same to return to the 
said Town Council : Provided, The said process shall be served or 
executed within the corporate limits of the said town. Slaves and 
Trial of free persons of color charged with offences against the ordinances 
of the said town shall be tried by the said Town Council, or a quo- 
rum thereof, and the judgments and sentences rendered and passed 
in such trials shall be executed by the Marshal of said town, and 
the modes of conducting such trials shall be prescribed by the said 
Town Council, by ordinances for that purpose. 

VI. The said Town Council of the Town of Cheraw shall be, and 
force^payment is hereby, empowered to enforce the payment of all taxes and assess- 
or taxes, ments lawfully levied by the said Council 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. 

VII. This Act shall be deemed and taken to be a public Act, and 
Public Act. all Acts and parts of Acts inconsistent with or repugnant to the 

same, shall be, and the same are hereby, repealed. 

VIII. That the charter of the town of Georgetown be amended 
Town of so far as to confer on the Town Council the power to appoint an 

Georgetown. Inspector of Tar and Turpentine, a Measurer of Wood and Tim- 
ber, and a Weigher of Cotton, in and for said town, and to pass 
such ordinances as they may deem expedient, to define the duties, 
fix the compensation, and impose fines and penalties for neglect or 
improper discharge of duties of said Inspector, Measurer and 
Weigher. And that said Town Council have full power and 
authority to make and pass all such ordinances as may be necessary 
and proper to secure the benefit of such appointment to the town 
and commerce of the port of Georgetown. 

IX. That the said Town Council shall have full power and 
■r. r, n authority to appoint a Board of Health for said town, and to pass 

Health. such ordinances as may be necessary to define the powers and duties 

of said Board, and to impose fines and penalties upon the members 
of said Board for neglect of duty or refusal to serve : Provided, 
That no fine hereby authorized to be imposed shall exceed the sum 
of twenty dollars. 

X. That the charter of the town of Pendleton be, and the same 



OF SOUTH CAROLINA. 207 

is hereby, renewed, with all the powers and privileges heretofore ^- ^- ^^■"^^• 
granted to them. ^ 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and in 
the seventy-eighth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Incorporate certain Societies, Associations No. 4129. 
AND Companies, and to Renew and Amend the Char- 
ters OF others. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the autiiority of the 
same. That the officers and members of the following societies, asso- 
ciations and companies, to wit : The Newberry Agricultural Society ; _ Names of 
the Catawba Lodge, Independent Order of Odd Fellows, of Lan- ^«°'et''^^- 
casterville ; the Oaks Club, of Charleston ; the Society Hill Library 

Society ; the Eutaw Encampment, No. 2, Independent Order of Odd 
Fellows, of Columbia; Hibernian Society, of Columbia; Sumter 
Lodge, No. 23, Independent Order of Odd Fellows ; the German 
Ladies' Benevolent Society, of Charleston, be, and the same are 
hereby, declared and constituted bodies politic and corporate, by the 
name and style to each of them hereinbefore respectively assigned. 

II. That the said societies, associations and companies, according 

to their respective by-laws, shall have succession of officers and privileges! 
members, and shall have power ret^pectively to make by laws not 
repugnant to the laws of the land, and to have, use and keep a 
common sea!, 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 incident to such incorporations ; and they are hereby 
empowered to hold, retain, possess and enjoy all such property, real 
and personal, as they may now severally have and possess, or be 
entitled to, or which shall hereafter be given, bequeathed or devised 
to them respectively, or in any manner acquired by them ; and to 
sell, alien and transfer the same or any part thereof: Provided, Proviso. 
That the amount so held shall in no case exceed the sum of ten 
thousand dollars. 

III. That Edmund Rhctt, R. W. Barnwell, B. J. Johnson, W. 
B. Means, T. H. Spann, W. A. Morecock, and their associates and 
successors, are hereby made and created a body politic and corporate 

in law, by the name of " The Port Royal Company," for the purpose con^any^"'^^^ 
of covering the road leading from the town of Beaufort to Port 
Royal Ferry with sea shells or other material suitable for coustruct- 
iug a highway, with a capital stock of twenty-five thousand dollars, 
in shares of five hundred dollars each. 

IV. That the said corporation may purchase and hold such real 
estate as may be necessary for carrying out the objects contemplated 



208 



STATUTES AT LARGE 



A. D. 1853. 



To have the 
same powers 
as Comm'rs of 
Roads. 



Penalties. 



German Set- 
tlement Soci- 
ety. 



Proviso. 



Officers. 



in this Act, and the same may dispose of at will, and may sue and 
be sued in all courts of law oi* equity, may have and use a common 
seal, and may make such by-laws for their regulation and govern- 
ment as they may see proper, not inconsistent with the constitution 
and laws of this State and of the United States. 

V. That the said road shall be exempt from the control and juris- 
diction of the Commissioners of Roads, and that the said corporation 
shall be invested with all the powers now vested in Commissioners 
of Roads, so far as may be necessary for the protection, preservation 
and good management of the said road, and for exacting on oath 
from the persons liable to work on the said road, a return, to be 
made to them on or before the first day of April in each year, of all 
slaves liable by law to work on the said road ; and that the said 
corporation shall have power to collect and receive from such per- 
sons so liable, on or before the said first day of April in each year, 
the sum of three dollars for every slave so returned. And in case 
any person liable to work on the said road shall neglect or refuse to 
make such return or to make said payment, such person shall be 
liable to the same penalties and forfeitures to the said corporation 
as such defaulters are by law now liable for to Commissioners of 
Roads : Provided, That all persons who shall pay such commuta- 
tion money shall be discharged and exempted from all work upon 
the said road, and that the said road shall be open and free for the 
use of the public : And provided, further, That the said corpora- 
tion shall be liable to the same penalties for not keeping the said 
road and the bridges thereon in good order as Commissioners of 
Roads are now liable to, and none others. 

VI. That the officers and members of the society heretofore 
known as the German Colonization Society of Charleston, be, and 
the same are hereby, declared and constituted a body politic and 
corporate, by the name aud style of "The German Settlement So- 
ciety of Charleston," and the said society shall have succession of 
officers and members, and power to make all by-laws not repugnant 
to the laws of the laud, and to have and use a common seal, and 
the same to alter at will, to sue aud be sued in any court of this 
State, and to have and enjoy every right, power and privilege inci- 
dent to such incorporations ; aud the said society is hereby author- 
ized and empowered to hold, retain, possess and enjoy all such pro- 
perty, real aud personal, as the said society or German Colonization 
Society of Charleston have aud possess, or which shall hereafter be 
purchased by or given, bequeathed or devised to the said German 
Settlement Society of Charleston, and all the property, real and per- 
sonal, now held in the name of the Trustees of the German Coloni- 
zation Society of Charleston, is hereby vested in the said German 
Settlement Society of Charleston, hereby incorporated: Provided, 
ahvays, That the amount so held by the said society shall at no time 
exceed the sum of one hundred thousand dollars ; and the said 
property, real and personal, however acquired, to sell, alien and 
transfer, in whole or in parts and parcels, at the discretion of the 
Board of Direction of the said society hereafter provided for. 

VII. That the said German Settlement Society hereby incorpora- 
ted, shall elect, annually, from ,among their members, at such time 
and place as may be fixed by their by-laws, a President, a Secretary, 



OF SOUTH CAROLINA. 209 

a Treasurer and four Directors, who shall constitute a Board of ^^- '^- ^*''^- 
Direction for the management of all the business and affairs of the ^"""^ V"— ^ 
said society, as may be authorized and prescribed by the by- laws of 
the said society, to import stock from other States or foreign coun- 
tries, to erect dwelling houses, warehouses and work shops, and from 
time to time to account to the members of the said society for their 
management of their said atfairs, to ascertain and declare and ap- 
portion the profits among the members according to their by-laws; 
and all conveyances of real estate, bills of sale and transfers of other 
property sold by the said Board of Direction shall be signed by the 
President and Secretary, and sealed with the seal of the said society. 

VIII. That William Herwig, William B. Heriot, Edward L. 
Kerrison, Hermann E. Vaas, Lingard A. Frampton, Frederick C. 
Matthiessen, JohnP. Cazal, and their associates, at present members Phiihfirmon"u 
of the Charleston Philharmonic Society, (an association formed for Society. 

the promotion of a cultivated taste for music in Charleston, and for 
affording an opportunity for the development of native musical 
talent,) and their successors, be, and they are hereby, incorporated 
and declared a body corporate and politic, by the name and style of 
The Charleston Philharmonic Society. The said society, according 
to its by-laws, shall have succession of officers and members, and 
shall have power to make by-law^s not repugnant to the laws of the 
land, and to have and use 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 incident to such incorpora- 
tions, and may hold, possess and enjoy all such property, real and 
personal, as it may now possess or be entitled to, or which shall 
hereafter be given, bequeathed or devised to it, or in any manner 
acquired by it, and to sell, alien and transfer the same, or any part 
thereof: Provided, The amount of said property shall not exceed Proviso. 
in value the sum of fifty thousand dollars. 

IX. That the charter of the Mount Pleasant Ferry Company be ^j^ pieasant 
so amended as to permit the said company to reduce the shares in Feny Com- 
the capital stock of the said company from one thousand dollars to p^"^- 

one hundred dollars each, and to call in the old certificates, and to 
issue new scrip or certificates for the said reduced shares. 

X. That the Phcenix Fire Engine Company of Charleston ; the 

Marion Fire Engine Company; the South Carolina Mechanics' Societies rc- 
Association ; the Charleston Ancient Artillery Society, and the Ger- *^ 
man Fire Company of Charleston, be, and the same are hereby, re- 
chartered, with all the rights, powers and privileges heretofore 
granted to them respectively. 

XI. That the Charleston Fire Company of Axemen are hereby 
re-chartered, with all their present privileges as a body corporate, 
except that the said company shall not have the right to elect any 
new members until their number shall have been reduced to less 
than thirty ; after which time it shall not be lawful for the said com- 
pany to have more than thirty members. 

XII. That this Act shall be taken and d«emed a public Act, and Public Act. 
shall continue in force for fourteen years. 

XIII. That the Charleston Gas Light Company shall have au- 
thority to increase their capital to the sum of five hundred thousand Gas ""^Ligb" 
dollars, with the same rights and privileges, and subject to the same Company. 

VOL. XII — 14 



210 STATUTES AT LARGE 

A. D. 1853. obligations, liabilities aud restrictions as are now provided for in 
^"""v— — ^ relation to tbeir present capital. 
Sumterviiic XIV. That the charter of the Trustees and members of the Sum- 
Academicai terville Academical Society be, and the same is hereby, revived and 
ociety. extended for the term of fourteen years, by the name of the Sum- 

terviile Academical Society, with power to possess and hold, subject 
to former grants, property heretofore or hereafter escheated or liable 
to escheat within the county of Claremont, to an amount not ex- 
ceeding fifteen thousand dollars, and with all the other powers here- 
tofore conferred upon it. 

XV. That J. J. O'Connell, L. P. O'Connell, Julius Posey, M. J. 
Ryan, Joseph O'Connell, and their successors, be, and hereby are, 

St. Mary's incorporated under the name and style of " The St. Mary's College," 
College. ^-^j. li^gi-m-y purposes, and that the said J. J. O'Connell and others, 

and their successors, be, and hereby are, vested with full power and 
authority, from time to time, to make, constitute and establish such 
aud so many bylaws, rules and orders as to them shall seem neces- 
sary and convenient, (which said by-laws, rules aud orders so made 
shall be binding on all persons in anywise connected with the said 
college,) with full power and authority also to have and use a cor- 
porate seal, and to do and perform all other acts that corporate 
bodies may of right do, and also with full power and authority to 
hold, use and alienate property, real, personal or mixed, to any 
amount not exceeding the sum of fifty thousand dollars. 

XVI. That W. C. Dukes, A. R. Taft, Edward Sebring, Robert 
W. Hare, W. C. Gatewood, and their associates and successors, shall 
be, and they are hereby, incorporated and made and declared a body 
corporate and politic, in deed and in law, by the name and style of 

Carolina Gas the " Carolina Gas Company," with all the rights, powers and privi- 
ouipany. leges, and subject to the same conditions as havw been conferred and 
imposed on tlie Charleston Gas Light Company, subscriptions to be 
taken in the same manner as is directed in the Act incorporating 
the said company ; and the said parties herein first named are hereby 
authorized to appoint Commissioners to take subscriptions: Provi- 
Proviso. (led, That the assent of the City Council of Charleston be first had 
and obtained before the said company shall proceed to open the 
streets of the city for the laying of their pipes. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and indepen- 
dence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



Xo. 4130. AN ACT to Incorporate certain Religious and Charita- 
ble Societies, and Societies for the Advancement op 
Education, and to Renew the Charters of others 
heretofore granted. 

I. Be it enacted by the Senate and House of Representatives, now 
met aud sitting in General Assembly, and by the authority of the 



OF SOUTH CAROLINA. 211 

same, That all free white persons who now are, or hereafter may ^- ^- ^^■''•'^• 
become, members of the fcjllowing religious societies, and societies ^"^v""^ 
for the advancement of education, to wit: The Cedar Spring and Reiigiousami 
Lower Long Cane Churches, (Associate Reformed Presbyterian,) in "/leorporatcd""'' 
Abbeville District ; the German Evangelical Lutheran Church of 
Walhalla; the Steep Bottom Baptist Church, of Saint Peter's 
Parish ; the Bethlehem Church in Edgefield District, with the camp 
ground adjacent thereto; the Evangelical Lutheran Church at 
Newberry, by the name of Luther's Chapel ; the Independent or 
Congregational Church of Wappetaw, with power to establish a 
branch church at Mount Pleasant, Christ Church Parish ; the Bap- 
tist Church at Broadmouth, Abbeville District; the Methodist So- 
ciety at Union Camp Ground, in Abbeville District ; the Fairview 
Methodist Protestant Church in Anderson District ; the Washing- 
ton Street Presbyterian Church in Greenville; the Townville Bap- 
tist Church in Anderson ; the Hartville Baptist Church in Darling- 
ton ; the Covington Seminary in Edgefield; the Cokesbury Masonic 
Female Institute, be, and the same are hereby, declared and consti- 
tuted bodies politic and corporate, by the name and style to each 
hereinbefore respectively assigned. 

II. That the said churches, societies and associations, shall have Ri^jhts and 
succession of Trustees, Vestry and Wardens, officers and members, privileges. 
according to their respective by-laws, and shall have power respect- 
ively 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, and to have and enjoy 
every right, power and privilege incident to such corporations; and 
they are hereby empowered to hold, retain, possess and enjoy all 
such property, real and personal, as they may now severally have 
and possess, or be entitled to, or which shall hereafter be given, be- 
queathed or devised to them respectively, or in any manner acquired 
by them, and to sell, alien or transfer the same, or any part thereof: 
Provided, That the amount so held shall in no case exceed the sum Proviso, 
of fifty thousand dollars. 

III. That the charters of the Black Swamp Baptist Church, in charters re- 
Beaufort District; the Goose Creek Baptist Church, in the Parish newed. 

of St. James, Goose Creek ; the Protestant Episcopal Church in 
Greenville; the Pendleton Academy, be, and the same are hereby, 
renewed, with all the rights, powers and privileges heretofore granted 
to them respectively. 

IV. That this Act is hereby declared to be a public Act. Public Act. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



212 STATUTES AT LARGE 

A. D. 185?,. ^x ACT TO Incorporate the Central Bank of South Caro- 

^'"^■^'^ ' LIN A. 

No. 4181. 

I. Be it enacted by the Senate and House of Representatives, 
reeeivT^'sub- ^^^'*' "^et and sitting in General Assembly, and by the authority of 
scriptions. the same. That in order to establish the Bank hereinafter named, 

the following persons be, and they are hereby, appointed Commis- 
sioners to receive subscriptions at the City of Charleston : Charles 
McBeth, Henry T, Street, W. A. Wardhiw, J. S. Chambers, Robert 
W. Hare, and the said Commissioners, or a majority of them, shall, 
on the first Monday and Tuesday in April next, open subscriptions 
from the hour of 10 A. M. until 2 P. M., for the purpose of raising 
the sum of one million of dollars, whereof six weeks' public notice 
shall be given in all the daily papers of the City of Charleston ; 
and such said subscribers paying their subscription moneys respect- 
ively, and all persons who may thereafter become stockholders in 
the said company, shall be, and they are hereby, incorporated and 
made a corporation and body politic, by the name and style of the 
Name. Central Bank of South Carolina, aud so shall continue until the 
first day of April, one thousand eight hundred and seventy-six. 

II. That the said corporation, by its said name and style, shall 
Rights and be, and is hereby, made capable in law to have, purchase, receive, 

privileges. possess, eujoy, and retain, to it and its successors, lands, rents, tene- 
ments, hereditaments, goods, chattels, promissory notes, bills of 
exchange, and all other choses in action, money and effects of what 
kind, nature, or quality soever, to an amount not exceeding, on the 
whole, three times the amount of the capital stock of said corpora- 
tion, and the same to sell, alien, or dispose of, and also to sue and 
be sued, plead and be impleaded, answer and be agswered, defend 
and be defended in Courts of Record or any other place whatsoever, 
and also to make, have, and use a common seal, and the same to 
break, alter, or renew at pleasure, and to discount promissory notes 
at a rate of interest not exceeding one per cent, for every sixty days, 
and to deal and trade in bills of exchange ; aud also ordain, estab- 
lish, and put in execution such by-laws, ordinances, and regulations 
as shall seem necessary and convenient for the government of the 
said corporation, not being contrary to the laws of this State and of 
the United States, and generally to do and execute all and singular 
such acts, matters and things which may be deemed necessary and 
proper for the good management and government of said corpora- 
tion, subject, nevertheless, to such regulations, restrictions, limita- 
tions and provisos as shall hereafter be prescribed and declared. 

III. That no bill or promissory note for the payment of money 
biiiruncfei-^45'^ ^^^^^^ be issued by said corporation of a less denomination, or for a 

less amount than five dollars. 

lY. That in case a greater sum than one million of dollars be 

scription^to^^be Subscribed on the days and place before mentioned, the Commis- 

ledueed pro gioners above named shall reduce the subscriptions in proportion to 

the amount subscribed: Provided, That no subscription of five 

shares or under shall be reduced: Aiid provided, farther, That it 

shall not be lawful for any person to subscribe for shares in the 

name of other persons. The capital stock of said bank shall be 

share".'^^^'^ °^ divided into forty thousand shares of twenty-five dollars each share ; 



OF SOUTH CAROLINA. 213 

five dollars on each share shall be paid at the time of subscribing, ^- D. W->^. 
and the balance of twenty dollars per share shall be paid at such ^^■^■v ' 
times and in such amounts as may be called for by the Board of 
Directors selected by said stockholders. 

V. That each stockholder shall be entitled to one vote for each Regulating 
and every share held by him or her, and after the first Monday in voting. 
April next no share or shares shall confer a right of suff'rage, which 

shall not have been held three calendar months previous to 
the election ; no stockholder shall be allowed to vote other than a 
citizen of this State or some one of the States of this Confederacy. 

VI. That there shall be an election in the said corporat'on on T7T„„f„„ ,e 

1 1 Tn- n • * -1 • 1 1 • 1 <• 1 1 (• Jilection ot 

the second Monday in April m each year, and in deiault thereoi, on Directors. 
such other day as shall be fixed by said corporation, of thirteen 
Directors, who shall be chosen by the stockholders or their proxies, 
from amongst themselves, (being citizens of this State,) and by a 
plurality of votes actually given, and those who shall be chosen 
at any election shall be capable of serving as Directors by virtue 
of such choice, until the second Monday in April next ensuing, 
and the said Directors, at their first meeting after such election, 
shall choose one of their number as President, and in case of 
death, resignation, or absence from the State of a Director, his 
place may be filled by the other Directors for the remainder of the 
year. A fair and correct list of the stockholders shall be made 
out by the Directors at least one month previous to any election 
of Directors, subsequent to the first election, to be submitted to the 
inspection of any stockholder; and to prevent a division of shares 
for the purpose of obtaining undue influence, the managers of 
elections for Directors of said bank shall administer to every stock- 
holder oflferiug to vote the following oath, that is to say: "You, Oath to be 
A. B., solemnly swear (or affirm, as the case may be,) that the " '^^""^ ^^'^ 
stock you now represent is now bona fide your property, and that 
no other person or persons is or are concerned therein," and to 
any stockholder oflfering to vote by proxy for a minor, or in right 
of, or in trust for any stockholder entitled to vote, the following 
oath: "You, A. B., do swear (or affirm, as the case may be,) that 
the stock of C. D., whom you represent, is, to the best of your 
knowledge and belief, the property of the said C. D., and that 
no other person or persons is or are, to the best of your know- 
ledge or belief, concerned therein." And any stockholder refusing 
to make such oath or affirmation shall not be allowed to vote at 
such election. 

VII. That no stockholder who is not a citizen of this State whonoteii- 
shall, nor shall any Director of any other bank, nor copartner of siWefor Direc- 
such Director, nor more than one person of a copartnership firm, 

be a Director of this bank, nor shall any person act as a Director 
who may ''be under protest in bank as drawer or endorser of any 
bill of exchange or promissory note held by the said bank, either 
for discount or collection, unless he shall prove to a majority of 
the other Directors that he has just reason and legal and sufficient 
cause fi)r refusing payment of the demand on which such protest 
may be founded. 

VIII. That no less than five Directors shall constitute a Board . Board of 
for the transaction of business, of which the President shall alwavs ^'■"'^^^'^i'^"- 



214 STATUTES AT LARGE 

A. D. 1853. be one, except ia case of sickness or necessary absence, when his 

'^^"^y^"^ place may be supplied by another Director whom he by writing 

shall nominate for the purpose, and ia default of such nomination 

by the President, or in case of sickness or necessary absence of 

the person so nominated, the Board of Directors may, by ballot, 

appoint a temporary President. 

Directors to That the Directors shall have power to appoint, for the time 

have power to being, such officers, clerks and servants under them, as shall be 

cers?&c. °^ necessary for executing the business of said corporation, in such 

manner, and upon such terms, as they shall deem necessary and 

proper, and shall have power to remove such officers from time to 

time, at their will and pleasure, and shall be capable of exercising 

such other powers and authorities lor the well government and 

ordering of the officers of said corporation as shall be fixed and 

determined by the laws and regulations thereof 

X. The officers of the said bank shall not be exempt from militia 
duty or from serving on juries. 

XI. That no officer of this bank, other than a Director, shall be 
hibiw"^ from permitted, either directly or indirectly, to carry on the business or 
trading, &c. trade of merchandise, factorage, brokerage, vendue or the exchange 

of money or bills for profit ; and every such officer so trading shall 
be removed from office by the Directors, and disqualified from there- 
after holding any office in said bank. 

XII. That no Director or other officer of said bank shall, either 
hibufon^'^ ^™ directly or indirectly, receive any compensation for any agency in 

negotiating any business with the bank, in procuring discounts, or 
receiving money from individuals on notes discounted, and every 
such Director or other officer thus receiving compensation shall be 
removed from office and disqualified from thereafter holding any 
office in said bank. 

XIII. That a meeting of the stockholders may. be called at any 
in'fre^^of stock- tinie by the President and Directors, or a majority of them, or by 
holders. ^Luy Director who may protest against the proceedings of the Board, 

or who may wish the propriety of his dissent to be considered by 
the stockholders, or whenever the holders of one thousand shares or 
Proviso. upwards shall require the same: Provided, That no such meeting of 
the stockholders shall be competent to transact the business unless 
one month's notice thereof be given in at least three gazettes in this 
State, and unless a majority of the stock of said bank be repre- 
sented. 

XIV. That the lands, tenements and hereditaments, which it 
property^°iaw- shall be lawful for the said corporation to hold, shall be only such 
fuito beheld, g^g jjj^y be requisite for its immediate accommodation for the trans- 
acting its business, to an amount not exceeding fifty thousand dol- 
lars, such as shall have been bo7ia fide mortgaged or assigned to it 
by way of security or payment of debts previously contracted iu 
the course of its dealings, and such as shall have been purchased at 
sales upon judgments previously obtained. 

XV. The said bank shall not go into operation until satisfactory 
intYoperiltiou°. evidence shall have been produced to the Comptroller General that 

at least one-half of its capital stock has been paid in, and is in pos- 
session of said bank, and that a portion of the amount paid iu, 



i 



OF SOUTH CAROLINA. 215 

equal to at least one-fourth of the capital stock, consists of gold or ^- ^- ^•^■'>^- 
silver. ^-"^v-"~^ 

XVI. That the stock of said bank shall be assignable and trans- stock uh- 
ferable according to such regulations, and upon such terms, as may sisnabic. 

be prescribed and fixed by said corporation. 

XVII. Tluit the bills or notes which may be issued by order of >f f. . i 
said corporation, signed by the President and countersigned by the bill?— how 'nc- 
principal Cashier or Treasurer thereof, promising the payment of so^i'^'^ic. 
money to any person or persons, his or her, or their order, or to the 

bearer, though not under the seal of the said corporation, shall be 
binding and obligatory upon said corporation in like manner, and 
■with the like force and effect, as upon any private person or persons, 
if issued by hira, or them, in his, her, or their private capacity, and 
shall be assignable and negotiable in like manner as if they were 
so issued by such private person or persons; that is to say, those 
which shall be payable to any person or persons, his, her or their 
order, shall be assigned by endorsement in like manner, and with 
like effect, as bills of exchange or promissory notes now are, and 
those which are payable to any person or persons, or bearer, shall 
be negotiable by delivery only. 

XVIII. That the total amount of debts which the said corpora- Limitntion 
tion shall at any time owe shall not exceed three times the amount ^^^^ mdebted- 
of its capital stock, exclusive of the amount of money then actually 
deposited in the bank for safe keeping, and in case of excess, the Liability of 
Directors under whose administration such excess shall happen shall Directors. 

be liable for the same, in their private and individual capacities, 
and an action may in such case be brought against them or any of 
them, their, or any of their heirs, executors or administrators, in any 
court having jurisdiction, by any creditor or creditors of the said 
corporation, and may be prosecuted to judgment and execution, any 
condition, covenant or agreement to the contrary notwithstanding ; „ 
but this shall not be construed to exempt said corporation, or the also liable. 
lands, tenements, goods or chattels of the same, from being also 
liable for said excess, and such of the said Directors as may have 
been absent when said excess was created or contracted, or such as Absent Di- 
may have dissented from the resolution or act, whereby the same erated. 
was created or contracted, may, respectively, exonerate themselves 
from being thus liable, by forthwith giving notice of the fact, and 
of their absence or dissent, to the stockholders, at a general meet- 
ing to be called for that purpose. 

XIX. That the said corporation shall not be permitted to pur- Not to pur- 
chase any public debt whatsoever, except stock of the State or the jej^^f ''" '"^ 
United States, nor shall, directly or indirectly, trade ordeal in any- 
thing except notes, bills of exchange, gold or silver bullion, or in 

the sale of goods really and truly pledged for money lent, and not 
redeemed in due time, or for bills of exchange or goods wdiich shall 
be the produce of its lands; and if the said corporation, or any per- 
son or persons, for or to the use of said corporation, shall purchase. Penalty. 
trade, discount or loan, contrary to the provisions of this Act, all 
and every person and persons thus purchasing, trading, discounting, 
or loaning contrary to the provisions of this Act, shall forfeit and 
lose triple the value of the goods, wares and merchandise, notes, 
bills or loans, thus illegally purchased, traded for, discounted or 



216 STATUTES AT LARGE 

A. D. 1853. loaned, one half to the informer, and the other half to the use of 
^■^-^(^■^ the State. 

XX. That the bills or notes of the said corporation, originally 
abie'\^o/*'tifxes ^^^^le payable on demand, or which shall become payable in gold 
while paying or silver current coin, shall be received by the Treasurers, Tax Col- 
bpecie. lectors, Solicitors and other public officers, in all payments for taxes 

or other moneys due to the State, so long as the said bank shall pay 
gold and silver coin for their notes; but whenever there shall be a 
protest on any of the bills or notes of said bank for non-payment in 
specie, the Comptroller General shall be authorized, and is hereby 
required to countermand the receipt of the bills and notes of the 
said bank in payment of taxes or debts due to the State, unless 
good and satisfactory cause be shown him by the said corporation 
for protesting, in a Court of justice, the payment thereof. 

XXI. That dividends shall be made twice a year by the said cor- 
Dividcnds. poration of so much of the profits of the said bank as shall appear 

to the Directors advisable ; and once in every year the Directors 
shall lay before the stockholders, at a general meeting, for their in- 
formation, a statement of the affairs of the bank. 

XXII. That in case of failure of the said bank, each stock- 
I||j!^^jJ^'^yg'^f holder, co-partnership, or body politic having a share or shares 

therein at the time of such failure, or who shall have been inter- 
ested therein at any time within twelve months previous to said 
failure, shall be liable and held bound individually for any sum not 
exceeding twice the amount of his, her or their share or shares. 

XXIII. That any real estate, bills, notes, moneys, profits or other 

Property to pi-opertv whatever, which mav, on the dissolution of said corpora- 
revert to stock- tf J ' - '_ 111,1111 1 T-^- C 

holders on dis- tion, be owned or possessed by it, shall be held by the Directors oi 
solution. g^j^i bank, for the use and benefit of all persons holding shares in 

said corporation at the time of its dissolution, and their legal as- 
signees and representatives, in average and proportion to the num- 
ber and amount of such shares. 

XXIV. That if the stock be not taken up on the first Monday 
Additional and Tuesday in April next, the books shall be opened in Charleston 

su scription. ^^ ^j^^ ^^,^^ Monday in July next, and kept open until the first 
Monday in August next, unless the whole amtnint is previously 
taken or subscribed. 

XXV. That no money shall be loaned on stock of this institu- 
loans'i^''^''^'^^"^ t'o° until twelve months after the whole capital shall have been 

paid in. 

XXVI. That the capital stock and other property of the said 
Liable to bank shall be liable to taxation in the same manner as the capital 

taxation. stock and property of individuals and other corporations: Provided, 

That no municipal corporation shall tax the capital stock or profits 
of said bank, without authority first had and obtained from the 
Legislature. 

XXVII. That said bank shall, during the term of twenty one 
Subject to years, be subject to all the provisions of an Act passed the eigh- 

A. A. 1840. teenth day of December, in the year of our Lord one thousand 
eight hundred and forty, entitled "An Act to provide against the 
suspension of specie payments by the banks of this State," and also 
to such regulations as the Legislature shall, from time to time, im- 
pose. 



OF SOUTH CAROLINA. 217 

XXVIII. It shall not be lawful for the said bank, except in A. D. 1S53. 
settlements with other banks, to pay or deliver out in payment ^^"^""^""^ 
or satisfaction of any demand upon it, or by way of loan or dis- ^^^^ ^biif" ^'% 
count, any bill, note, check or other paper of any other bank, and other banks, 
for each and every violation of this Section, the said bank shall be 
subject to the payment of one hundred dollars, to be recovered by 
action of debt at the suit of the State, and appropriated, one-half 
to the use of the State, and the other half to the informer. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and in 
the seventy-eighth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Renew and Amend the Charter of the State No. 4132. 

Bank. 



Charter re- 



I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That the charter of the State Bank be, and the same is here- newed." 
by, renewed for the term of twenty-one years from the expiration of 

its present charter ; and that the President and Directors of the 
said bank be authorized and empowered, forthwith, to subdivide the 
capital stock of the said bank, now existing in shares of one hun- 
dred dollars each, into shares of twenty-five dollars each. 

II. That the said bank shall, during the said term of twenty-one Rirrhts and 
years, be permitted to enjoy all the privileges, rights, powers, im- privileges. 

m unities and benefits which it now enjoys and has heretofore exer- 
cised under the existing charter of the said bank ; and the said 
bank shall be subject to all the provisions of an Act passed the 
eighteenth day of December, in the year of our Lord one thou- Subject to 
sand eight hundred and forty, entitled "An Act to provide against A. A. 1840. 
the suspension of specie payments by the banks of this State," and 
also to such regulations as the Legislature shall, from time to time, 
impose. i 

III. That the capital stock and other jiroperty of the said State Liable to 
Bank shall be liable to taxation in the same manner as the capital taxation, 
and property of individuals and other corporations : Provided, That 

no. municipal corporation shall tax the capital stock or profits of 
the said bank without authority first had and obtained from the 
Legislature. 

IV. That in case of the failure of the said bank, each stock- t- ui* <• 

1 ij 1 • 11 ^• • 1 • .1 • Liability of 

liolder, copartnership or body politic, having a share or shares m stockholders, 
such bank at the time of such failure, or who shall have been inter- 
ested therein at any time within twelve months previous to such 
failure, shall be liable and held bound individually for any sura 
not exceeding twice the amount of his or their share or shares. 

V. It shall not be lawful for the said bank, except in settlements 



218 STATUTES AT LARGE 

A. D. 1853. .yyi^}! other banks, to pay or deliver out in payment or satisfaction 

^""""^ ^ of any demand upon it, or by way of loan or discount, any bill, 

out^^biifs ^'of note, check, or other paper of any other bank ; and for each and 

other banks, every violation of this Section, the said bank shall be subject to the 

payment of one hundred dollars, to be recovered by action of debt 

at the suit of the State, and appropriated, one-half to the use of the 

State, and the other half to the informer. 

VI. The bills or notes of the said bank shall be receivable by 
able for taxes! the Treasurers, Tax Collectors and other public officers, in payment 

for taxes and other moneys due to the State no longer than while 
the said bank shall promptly pay on demand, gold and silver cur- 
rent coin for their notes ; but whenever the said bank shall refuse 
or delay to pay any of their notes in gold or silver current coin, 
or whenever there shall be a protest on any of the bills or notes of 
the said bank for non-payment of specie, it shall be the duty of 
the Comptroller General to forbid the receipt of the bills or notes 
of the said bank for taxes and other public dues, unless satisfactory 
reasons be shown him by the bank for contesting, in a court of jus- 
tice, the payment of such protested bills or notes. 

VII. The officers of the said bank shall not be exempt from 
militia duty, or from serving on juries. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4133. AN ACT to Renew the Charter of the Bank of Charles- 
ton, South Carolina. 



Charter re- 



Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 

newVd'."'^'^'^ '^" same, That the Bank of Charleston, South Carolina, shall continue 
a body corporate and politic until the first day of June, which will 
be in the year eighteen hundred and seventy-seven, with all the 
powers and conditions contained in the Act passed on the seven- 
teenth day of December, in the year of our Lord one thousand eight 
hundred and thirty-four, which is hereby renewed, and subject also 
to the following conditions, that is to say : 
Subject to J^ii'st. That the said bank shall be subject to all the provisions of 

A. A. 1840. the Act passed on the eighteenth day of December, in the year of 
our Lord one thousand eight hundred and forty, entitled " An Act 
to provide against the suspension of specie payments by the banks 
of this State," and also to such regulations as the Legislature shall 
from time to time impose. 

Second. That the capital stock and other property of the said 

taxation^^^^ *" bank shall be liable to taxation in the same manner as the capital 
stock and property of individuals and other corporations: Provided, 
That no municipal corporation shall tax the capital stock or profits 



OF SOUTH CAROLINA. 219 

of the said bauk without authority first had and obtained from the ^- '^- ^853- 
Legislature. ^^-v^— ' 

Third. That in case of the failure of said bank, eacli stockholder, Linbiiity of 
copartnership, or body politic, having a share or shares in said bank stockholders. 
at the time of such failure, or who shall have been interested therein 
at any time within twelve months previous to such failure, shall be 
liable and held bound individually for any sum not exceeding twice 
the amount of his or their share or shares. 

Fourth. That it shall not be lawful for said bank, except in set- Not to rny 
tlementswith other banks, to payor deliver out in payment or satis- o"hcr banks. *^^ 
faction of any demand upon it, or by way of loan or discount, any 
bill, note, check, or other paper of any other bank, and for each 
and every violation of this Section the said bank shall be subject to 
the payment of one hundred dollars, to be recovered by action of 
debt at the suit of the State, and appropriated, one-half to the use 
of the State and the other half to the informer. 

Fifth. That the officers of the said bank shall not be exempt from 
militia duty, or from serving on juries. 

Sixth. That the said bank shall, from and after the first day of rj.^ conform 
February next, be subject to the provisions of the Act entitled '• An to A. A. 1S40 
Act to provide against the suspension of specie payments by the 
banks of this State," ratified on the eighteenth day of December, 
one thousand eight hundred and forty, and if the said bank shall 
not, from and after the said first day of February next, conform to 
the provisions of the said Act, then this Act shall be null and void, 
and of no more force and effect than if the same had not been 
passed. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and indepen- 
dence of the United States of America. 

EOBT. F. W. ALLSTON, President of the Senate. 

JAMES SIMONS, Speaker House of Representatives. 



after Feb. 1. 



AN ACT TO Recharter the Bank of Hamburg, South No. 4134. 

Carolina. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 

same. That the charter of the Bank of Hamburg, South Carolina, Charter re- 
be, and the same is hereby, renewed for the term of twenty-one i^ewed. 
years from and after the first day of January, which will be in the 
year of our Lord one thousand eight hundred and fifty-six. 

II. That the said bank shall, during the said term of twenty-one 

years, be permitted to enjoy all the privileges, rights, powers, immu- Rights an 
nities and benefits which it now enjoys under the existing charter of P"^'iieges. 
said bank, with the additional power of changing its day of annual 
meeting. And the said bank shall be subject to all the provisions 
of an Act passed on the eighteenth day of December, in the year of 
our Lord one thousand eight hundred and forty, entitled "An Act 
to provide against the suspension of specie payments by the banks 



220 STATUTES AT LARGE 

A. D. 1853. of this State," and also to such regulations and restrictions as the 
^~"~v^""^ Legislature shall from time to time impose. 

III. That the capital stock and other property of the said Bank 
taxation.^^^ ^° of Hamburg, South Carolina, shall be liable to taxation in the same 

manner as the capital stock and property of individuals and of other 
corporations : Provided, That no municipal corporation shall tax 
the capital stock or profits of said bank without authority first had 
and obtained from the Legislature. 

IV. That in case of the failure of said Bank of Hamburg, South 
£ioekhoideJs.° Carolina, each stockholder, co-partnership or body politic, having a 

share or shares in said bank at the time of such failure, or who 
shall have been interested therein at anytime within twelve months 
previous to such failure, shall be liable and held bound, individualy, 
for any sum not exceeding twice the amount of his, her or their 
share or shares. 

V. It shall not be lawful for said bank, except in settlements 
out '^bufs* ^of ^''h other banks, to pay or deliver o»t in payment or satisfaction 
other banks, of any demand upon it, or by way of loan or discount, any bill, 

note, check or other paper of any other bank. And for each and 
ever}'- violation of this Section the said bank shall be subject to the 
payment of one hundred dollars, to be recovered by action of debt 
at the suit of the State, and appropriated, one-half to the use of 
the State, and the other half to the informer. 
. VI. The bills or notes of the said Bank of Hamburg, South 

able for taxes. Carolina, shall be receivable by the Treasurers, Tax Collectors and 
other public officers, in payment for taxes and other moneys due to 
the State, no longer than while the said bank shall promptly pay on 
demand gold and silver current coin for its notes ; but whenever 
the said bank shall refuse or delay to pay any of its notes in gold 
or silver current coin, or whenever there shall be a protest on any 
of the bills or notes of the said bank for non-payment in specie, it 
shall be the duty of the Comptroller General to forbid the receipt 
of the bills or notes of the said bank for taxes and other public 
dues, unless satisfactory reasons be shown him by the said bank for 
contesting, in a Court of justice, the payment of such protested 
bills or notes. 

VII. The officers of the said Bank of Hamburg, South Carolina, 
shall not be exempt from militia duty, or from serving on juries, 
a u- w VIII. That the said bank shall, from and after the first day of 

Subject to _, , , , . , ' . . ,^ 1 A • 1 1 < A 

A. A. 1840 February next, be subject to the provisions of the Act entitled An 
after Feb. 1. Act to provide against the suspension of specie payments by the 
banks of this State," ratified on the eighteenth day of December, 
one thousand eight hundred and forty; and if the said bank shall 
not, from and after the said first day of February next, conform to 
the provisions of the said Act, then this Act shall be null and void, 
and of no more force or effect than if the same had not been passed. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and indepen- 
dence of the United States of America. 

ROBT. F. W. ALLSTOX, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



i 



OF SOUTH CAROLINA. 221 

AN ACT TO Recharter the Merchants' Bank of South ^- ^- i^'^'*- 
Carolina, at Cheraw. ^— "y -^ 

No. 4135. 

I. Be it enacted by the Senate and House of Representatives, 
now met and sitting in General Assembly, and by the authority of 

the same, That the charter of the Merchants' Bank of South Caro- Charter re- 
lina, at Cheraw, be, and the same is hereby, renewed for the terra "°^^ ' 
of twenty-one years from and after the first day of January, which 
will be in the year of our Lord one thousand eight hundred and 
fifty-six. 

II. That said bank shall, during the said term of twenty-one Rights and 
years, be permitted to enjoy all the privileges, rights, powers, immu- privileges, 
uities and benefits which it now enjoys under the existing charter 

of said bank ; and the said bank shall be subject to all the provi- 
sions of an Act passed on the eighteenth day of December, in the 
year of qur Lord one thousand eight hundred and forty, entitled 
" An Act to provide against the suspension of specie payments by 
the banks of this State ;" and also to such regulations and restric- 
tions as the Legislature shall, from time to time, impose. 

III. That the capital stock and other property of the said Mer- Liable to 
chants' Bank of South Carolina, at Cheraw, shall be liable to taxa- ^^^^^^°''- 
tion in the same manner as the capital stock and other property of 
individuals and of other corporations: Provided, That no municipal 
corporation shall tax the capital stock or profits of said bank with- 
out authority first had and obtained from the Legislature. 

IV. That in case of the failure of said Merchants' Bank of South Liability of 
Carolina, at Cheraw, each stockholder, co-partnership, or body stockholders, 
politic, having a share or shares in the said bank at the time of 

such failure, or who shall have been interested therein at any time 
within twelve months previous to such failure, shall be liable and 
held bound individually for any sum not exceeding twice the amount 
of his, her or their share or shares. 

V. It shall not be lawful for the said bank, except in settlement „ , , 

• ,i ^1 I 1 , 11- , . ^ . „ . Not to pay 

With other banks, to pay or deliver out in payment or satisfaction out bills of 

of any demand upon it, or by way of loan or discount, any bill, °^^^^ banks. 

note, check or other paper of any other bank. And for each and 

every violation of this Section, the said bank shall be subject to 

the payment of one hundred dollars, to be recovered by action of 

debt at the suit of the State, and appropriated, one-half to the use 

of the State, and the other half to the informer. 

VI. The bills or notes of the said Merchants' Bank of South jgijjg receiv- 
Carolina, at Cheraw, shall be receivable by the Treasurers, Tax ^i^ie for taxes. 
Collectors, and other public oflScers, in payment for taxes and other 

moneys due to the State, no longer than while the said bank shall 
promptly j^ay on demand gold or silver current coin for its notes; 
but whenever the said bank shall refuse or delay to pay any of its 
notes in gold or silver current coin, or whenever there shall be a 
protest on any of the bills or notes of the said bank for nonpay- 
ment in specie, it shall be the duty of the Comptroller General to 
forbid the receipt of the bills or notes of the said bank for taxes 
and other public dues, unless satisfactory reasons be shown him by 
the said bank for contesting, in a Court of justice, the payment of 
such protested bills or notes. 



222 STATUTES AT LARGE 

A. D. 1853. VII. The officers of said Merchants' Bank of South Carolina, at 
^~" v""^ Cheruw, shall not be exempt from militia duty, or from serving on 
juries. 

VIII. That the said bank shall, from and after the first day of 
A ^a'^'^'^1840 February next, be subject to the provisions of the Act entitled 
after Feb. 1. "An Act to provide against the suspension of specie payments by 
the banks of this State," ratified on the eighteenth day of Decem- 
ber, one thousand eight hundred and forty, and if the said bank 
shall not, from and after the said first day of February next, con- 
form to the provisions of the said Act, then this Act shall be null 
and void, and of no more force or effect than if the same had not 
been passed. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and in 
the seventy-eighth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4136. AN ACT to Rechaeter the Bank of Camden, South Caro- 
lina. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 

newedr*^*^ '^'^" Same, That the charter of the Bank of Camden, South Carolina, 
be, and the same is hereby, renewed for the term of twenty-one 
years from and after the first day of January, Avhich will be in the 
year of our Lord one thousand eight hundred and fifty-six. 

II. That said bank shall, during the term of twenty-one years, 
privii'eges*. "'" be permitted to enjoy all the privileges, rights, powers, immunities 

and benefits, which it now enjoys under the existing charter of said 
bank, and the said bank shall be subject to all the provisions of an 
Act passed on the eighteenth day of December, in the year of our 
Lord one thousand eight hundred and forty, entitled " An Act to 
provide against the suspension of specie payments by the Banks of 
this State," and also to such regulations and restrictions as the Le- 
gislature shall from time to time impose. 
Liable to ^^^- That the capital stock and other property of the said Bank 

taxation. of Camden, South Carolina, shall be liable to taxation in the same 

manner as the capital stock and property of individuals and of 
other corporations: Provided, That no municipal corporation shall 
tax the capital stock or profits of said bank without authority first 
had and obtained from the Legislature, 
-r. ... J. IV. That in case of the failure of said Bank of Camden, South 

stockholder^.^ Carolina, each stockholder, co-partnership or body politic having a 
share or shares in said bank at the time of such failure, or who 
shall have been interested therein at any time within twelve months 
previous to such failure, shall be liable and held bound, individu- 



OF SOUTH CAROLINA. 223 

ally, for any sum not exceeding twice the amount of his, her or ^- ^- i''^'^- 
their share or shares. ^~~> ' 

V. It shall not be lawful for said bank, except in settlements 

with other banks, to pay or deliver out in payment or satisfaction q,j,. ^y^lil^ ^^^^ 

of any demand upon it, or by way of loan or discount, any bill, other banks. 

note, check or other paper of any other bank ; and for each and 

every violation of this Section, the said bank shall be subject to the 

payment of one hundred dollars, to be recovered by action of debt, 

at the suit of the State, and appropriated, one-half to the use of' 

the State, and the other half to the use of the informer. 

VI. The bills or notes of the said bank of Camden, South Caro- 
lina, shall be receivable by the Treasurers, Tax Collectors and other able lor taxes!" 
public officers, in payment for taxes and other moneys due the State, 

no longer than while the said bank shall promptly pay on demand, 
gold or silver current coin for its notes, but whenever the said 
bank shall reiuse or delay to pay any of its notes in gold or silver 
current coin, or whenever there shall be a protest on any of the 
bills or notes of the said bank for non-payment in specie, it shall 
be the duty of the Comptroller General to forbid the receipt of the 
bills or notes of the said bank for taxes and other public dues, 
unless satisfactory reasons be shewn by the said bank, for contest- 
ing, in a Court of justice, the payment of such protested bills 
or notes. 

VII. The officers of the said Bank of Camden, South Caro- 
lina, shall not be exempt from militiaduty, or from serving on 
juries. 

VIII. That the said bank shall, from and after the first day of 
February next, be subject to the provisions of the Act entitled "An a_ a''^''^'i840 
Act to provide against the suspension of specie payments by the after Feb. 1. 
banks of this State," ratified on the eighteenth day of December, 

one thousand eight hundred and forty. And if the said bank shall 
not, from and after the said first day of February next, conform to 
the provisions of the said Act, then this Act shall be null and 
void, and of no more force or effect than if the same had not been 
passed. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and in 
the seventy-eighth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Renew the Charter ot the Bank op South Ca- No. 4137. 

ROLINA. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That the charter of the Bank of South Carolina be, and the Charter re- 
same is hereby, renewed and extended for the term of twenty-one newed. 



224 STATUTES AT LARGE 

A. D. 1853. years from and after the first day of January, which shall be in the 
year of our Lord one thousand eight hundred and fifty-six, with all 
the jDowers and conditions which it now exercises and enjoys under 
its present charter, which is hereby renewed ; subject, nevertheless, 
to the following conditions, that is to say : 
Subject to First That the said bank shall be subject to all the provisions of 
A. A. 1840. the Act passed on the eighteenth day of December, in the year of 
our Lord one thousand eight hundred and forty, entitled "An Act 
to provide against the suspension of specie payments by the banks , 
of this State," and also to such regulations as the Legislature shall 
from time to time impose. 

Second. That the capital stock and other property of the said 
taxation". bank shall be liable to taxation in the same n^anner as the capital 

stock and property of individuals, and othel* corporations: Pro- 
vided, That no municipal corporation shall tax the capital stock or 
profits of the said bank without authority first had and obtained 
from the Legislature. 

Third. That in case of the failure of said bank, each stock- 
holder, copartnership or body politic having a share or shares in 
the said bank at the time of such failure, or who shall have been in- 
terested therein at any time within twelve months previous to such 
Liability of failure, shall be liable and held bound individually for any sum 
stockholders, xiot exceeding twice the amount of his or their share or shares. 
Fourth. That it shall not be lawful for said bank, except in set- 
Not to pay tlement with other banks, to pay or deliver out in payment or 
other banks °^ satisfiicti(m of any demand upon it, or by way of loan or discount, 
any bill, note, check or other paper of any other bank, and for 
each and every violation of this Section the said bank shall be sub- 
ject to the payment of one hundred dollars, to be recovered by 
action of debt at the suit of the State, and appropriated, one-half 
to the use of the State, and the other half to the informer. 

Fifth. The officers of the said bank of South Carolina shall not 
be exempt from militia duty, or from serving on juries. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and in 
the seventy-eighth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4138. AN ACT to Authorize the Bank of Newberry, and the 
Planters' Bank op Fairfield, to Increase their Capi- 
tal. 

Be it enacted by the Senate and House of Representatives, now 

met and sitting in General Assembly, and by the authority of the 

same, That the capital of the Bank of Newberry, and of the Plant- 

. ers' Bank of Fairfield, shall be three hundred thousand dollars, 

capitai!'^°'^^^^^ with the privilege of increasing the same to five hundred thousand 



OF SOUTH CAROLINA. 225 

dollars, whenever a majority of the shareholders shall, at a general ^- ^- ^^'^•'^• 
meeting, deem it necessary or advisable to do so. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and indepen- 
dence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Establish certain Roads, Bridges and Fer- No. 4139. 
RiES, and to Renew certain Charters heretofore 

GRANTED. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That Broxton Bridge, across the Great Salt Catcher River, 

be, and the same is hereby, rechartered and vested in the Broxton Broxton 

Bridge Company, for the space of fourteen years, with the same Bridge, 
rates of toll as were heretofore allowed by law. 

II. That the ferry across Savannah River, known as Kilcrease's 

Ferry, be, and the same is herebv, rechartered for the space of four- Kilcrease's 
teen years, and vested in Levi H. Mc Daniel, his heirs and assigns, ''"^' 
with the same rates of toll as were heretofore allowed by law. 

III. That Scott's Ferry, across Savannah River, be rechartered 

and vested in Mary J. Burt, her heirs and assigns, for the space of gcott's Ferry, 
fourteen years, with the same rates of toll as are allowed at Kil- 
ci'ease's Ferry. 

IV. That the ferry over the Saluda River, in Abbeville District, 
known as Johnson's and Puckett's Ferry, (formerly Swanzey's 

Ferry,) across the Saluda River, be, and the same is hereby, re- .Johnson's and 
chartered and vested in Jabez VV. H. Johnson and Thomas R. Puckett's Fer- 
Puckett, and their heirs and assigns, for the term of fourteen years, 
with the same rates of toll as are allowed at Payne's Ferry. 

V. That a ferry be, and the same is hereby, established across Tucker's 
Edisto River, in Colleton District, at Good Hope Landing, to be ^^^^' 
known as Tucker's Ferry, and that the same be vested in Joseph 

Tucker, his heirs and assigns, for the space of fourteen years, with 
the same rates of toll as are allowed at Giveham Ferry. 

VI. That Island Ford Ferry, across the Saluda River, be, and 

the same is hereby, rechartered and vested in John W. Payne, his island Ford 
heirs and assigns, for the space of fourteen years, with the same ^*2"J- 
rates of toll as were heretofore allowed by law. 

VII. That the ferry across the Seneca River, known as Sloan's gioan's Ferry 
Ferry, (in Pendleton,) be, and the same is hereby, rechartered and 

vested in William Sloan, his heirs and assigns, for the space of four- 
teen years, with the same rates of toll as are allowed at Knox's 
Bridge, over Tugaloo River, with the right to erect a toll bridge 
across said river, at such time as he, the said William, his heirs or 
assigns, may choose, within the period limited in this Section. 
vol. xii — 15 



226 STATUTES AT LARGE 

A. D. 1853. yill. That a public road shall be laid out from the residence of 

""—-v--—^ JJ D, Harrison, on the road leading from Whippy Swamp Cross 

in "^"Barnwell ^^^'-^^ to Barnwell District, to ruu the nearest and best way, in a 

District. northeasterly direction, until it reaches the road crossing the swamp 

at Rivers' Bridge, near the residence of John Platts, and that H. 

D. Harrison, William F. Mole and John J. Platts be appointed 

Commissioners to lay out said road, and that they have power to 

summon the hands liable to road duty, to establish the same ; and 

when completed, said road shall be placed under the jurisdiction of 

the Upper Board of Commissioners for Prince William's Parish. 

Public road ^^- That a public road be laid out in Pendleton District, from 

in Pendleton John M. Grubb's to Knox's Bridge, (formerly Cleaveland's Ferry,) 

^^ "'' ■ on Tugaloo River, by the way of the bridge on Big Beaver Dam 

Creek, near Major Larkin Brown's, and that Baylis Hix, David S. 

Stribbling, William M. Marett, L. A. Osborne and Stephen McCully 

be appointed Commissioners to lay out said road, and be vested with 

all the powers given to Commissioners of Roads for that purpose. 

X. That Dr. Ihomas Linning, E. S. P. Bellinger, Henry Fergu- 
son and William Godfrey, be, and they are hereby, appointed 
Commissioners, with the right of calling in an umpire in case of 

in SLBarth'oK *^'sagreement, to layout and open a public road by the shortest 
omew's. practicable route, from Walterboro, in St. Bartholomew's Parish, 

over the branch of the Ashepoo River known as Hyrne's Branch, 
to Cohen's Corner, the point of intersection of the Ashepoo Neck 
Road with the Combahee Road, and to erect a draw bridge over 
said branch at the cost of the Parish : Provided, The General Board 
of Commissioners of Roads of said Parish think it expedient, other- 
wise at the expense of those who desire the said bridge. 

XI. That John Bowen, John A. Easely, A. M. Hamilton, Alex- 
Comm'rs of imder McMahon and Joshua Jamieson be appointed Commissioners 

inquiiy. ^^^ inquire and report to the Legislature, at its next session, what 

damage, if any, Mr. MauUlin has sustained by the opening a new 

road through his land from Pickensville to Greenville Court House. 

™. , p. XH. That the ferry over the Wando River be rechartered and 

Ferry. ' . vested in the Commissioners of Roads for St. Thomas' Parish, and 
their successors in office, for the space of seven years, with the same 
rates of toll as are now allowed by law. 

Xni. That Samuel Knox be, and he is hereby, authorized to 

Knox's Bridge, erect a toll bridge over Tugaloo River, near his residence, and that 
the same be vested in the said Samuel Knox, his heirs and assigns, 
for the term of fourteen years, with the following rates of toll, to 
Rates of toll ^^'^'' * ^'^ horse team, sixty-two and a half cents ; five horse team, 
fifty-six and a quarter cents; four horse team, fifty cents; three 
horse team, forty-five cents; two horse team, forty cents; one horse 
team, twenty-five cents; four ox team, thirty-seven and a-half cents; 
two ox team, twenty-five cents; loose horses and mules, five cents 
each; cattle, three cents; hogs, two cents; sheep and goats, two 
cents; foot passengers, five cents; persons on horseback, ten cents: 
Provided, That nothing herein contained shall be so construed as to 
prevent the construction or chartering of other bridges or ferries 
by other persons on the said river as they may deem proper. 
Turnpike in XIV. That Carwell Hester be, and he is hereby, authorized to 

Pickens. construct a turnpike road from Jocassee, in Pickens, by AVhite 



OF SOUTH CAROLINA. 227 

Water Falls, to the North Carolinii line, and that the ri<,rht to col- A. D. 1853. 
lect toll at the following- rates be vested in the .said Carwell Hester, ^~~y^~^ 
his heirs and assigns, for the term of fourteen years, to wit : four 
wheeled carriage, twenty cents ; buggy or other one horse vehic;le, l^'i'^«'^ ^ f t^ll. 
fifteen cents; loaded wagon and team, twenty-five cents; empty, 
twenty cents; two horse wagon, fifteen cents; cart, ten cents; pass- 
enger on horseback, five cents; head of horses or cattle, three 
cents ; hogs, sheep or goats, one cent each. 

XV. That a public road be laid out in Sumter District, commenc- Public road 
ing at Mrs. Harriet Hodge's plantation, and running the nearest in Sumter. 
and best route, so as to intersect the Charleston Road at or near 
Pocataligo JJridge, and that E. Dubose, J. B. Hodge and J. L. 
McFadden, of Clarendon, and William Nettles, Elias Hodge and 

John B. Tindal, of Claremont, be appointed Commissioners to lay 
out said road and establish the same, and they are invested with all 
the powers necessary for that purpose. 

XVI. That a public road be laid out in Edgefield District, from Public road 
Henderson's or John Doby's, on what is called the Five Notch in Edgefield. 
Road, by Thomas Lanham's, Josiah Lanhara's and George Bos- 
well's, to what is called Moore's Road, in said District, and to the 
Martintown Road leading to the town of Hamburg, and that 

Thomas H. Patterson, Thomas W. Lanhara and George Boswell be 
appointed Commissioners, with full power to lay out and establish 
the same. 

XVH. That a public road be laid out in Chester District, from Public road 
the Winusboro Road, at or near Dr. Douglas' gin house, thence by i^ Chester. 
the most practicable route by the way of Blackstock Depot, on the 
Charlotte and South Carolina Railroad, to unite with the Columbia 
Road at Debardeleben's, and that James McDill, Robert D. Cald- 
well and Robert N. Hemphill be appointed Commissioners to lay 
out said road, and are hereby invested with all powers necessary for 
laying out and establishing said road. 

XVin. That John Maxwell be, and he is hereby, authorized to 
construct a toll bridge across Seneca River, at Maxwell's Ferry, the Bridgef^^^ 
charter to which said bridge shall be vested in said John Maxwell, 
his heirs and assigns, for the term of fourteen years, with the 
same rates of toll as are allowed at Knox's Bridge, over Tugaloo 
River. 

XIX. That a public road be laid out in Union District, from the Public road 
Pinkneyville Road to the Skull Shoal Road, at or near Foster's old i° Union, 
store, and that D. F. McMahan, Josiah Spears and John P. McKis- 

sock be appointed Commissioners to lay out and establish said road, 
with all the powers necessary for that purpose. 

XX. That the public road leading from Pendleton towards Har- Diseontinu- 
ris' Ferry be, and the same is hereby, discontinued. aneeot road. 

XXI. That a public road be laid out and established in Edge- Pubiic road 
field District, from or near Rocky Pond Post Office to the Savannah in Edgefield." 
River, at or near Mrs. Williams' Lauding, and that William F. 

Prescott, John F. Middleton and A. B. Addison be appointed Com- 
missioners to lay out said road, with all the powers necessary to lay 
out and establish said road, and that a ferry be established across 
Savannah River, at the point where the said road touches said river, 
to be known as Howie Ferry, and the same be vested in Edward 



228 STATUTES AT LARGE 

A. D. isrA Howie, his heirs and assigns, for the term of fourteen years, with 
^-"''^r'^-^ l\^Q same rates of toll allowed at the nearest ferry. 

XXII. That Samuel Riley, John Hamlin and William C. Ven- 
ning, appointed by an Act of the General Assembly to lay out Pitt 
Comm'rs Street, in the town of Mount Pleasant, be discharged from any 
arge . further duties connected with their said Commission, 
p , . XXIII. That Charles H. Minott, W. J. Whales, C. B. Farmer, 

sons to erect William Perry and K. 1j. Uarker have permission to erect gates 
^**'^®' across the road leading through their lands in St. Bartholomew's 

Parish, called the Chyhaw Road: Provided, That said gates be 
constructed and kept so that passengers can pass through the same 
without delay or inconvenience. 

XXIV. That the Commissioners of the South Island Road, in 
Road. ' ^ '^" Georgetown District, be, and they are hereby, authorized to impose 

and levy a tax not exceeding two dollars per head per annum, on 
each and every hand liable to work on the South Island Causeway, 
which is part of said road, in lieu of the labor of said hands on 
said causeway : Provided, That nothing herein contained shall effect 
the liability of said hands to perform any other road duty now re- 
quired of them by law. 

XXV. That the neighborhood road, in Georgetown District, 
from the Four Mile Swamp on the Black River Road, by Bass's 
old field, to the junction of the Sampit and Gapway Roads, be, and 
is hereby, made a public highway, under the name of the Brick 

in Georgetown. Chimney and Pawley's Swamp Cross Road, and that it be under the 
control and authority of the Commissioners of Roads for Winyah, 
and that the said Commissioners are required to work the said road, 
and are empowered to straighten it, should they deem it advisable, 
and that the road known as the Indian Hut Road, be, and is hereby, 
discontinued as a public road. 

XXVI. That the road leaving the stage road a short distance 
above Morris's Upper Ferry, in Georgetown District, and intersect- 
ing the County line road near Big Dam Swamp, be, and is hereby, 

Old Town- declared a public road under the title of the Old Township Road, 
ship Road. under the control of the Commissioners of Roads for Winyah. 

XXVII. That James Jones and Joseph J. Kennedy, assignees of 
Henry Shultz and John McKinne, be, and they are hereby, author- 

gustalfrfdge!^' ^^^^ ^o Collect the tolls prescribed by the twenty-first Section of the 
Act to establish certain roads, bridges and ferries, passed the nine- 
teenth day of December, in the year of our Lord eighteen hundred 
and forty-eight, from all persons passin^)^ from either side over the 
bridge across the Savannah River at Hamburg and Augusta: Pro- 
Proriso. vided, however, That nothing herein contained shall in any wise 
impair or prejudice any right or property claimed by the City 
Council of Augusta in respect to the one-half of the material struc- 
ture of the said bridge within the territorial limits of this State. 
Labor -oii XXVHI. That whenever any of the statutory labor, under the 

roads. eojitrol of the Boards of Commissioners of Roads, shall be called 

out for the purpose of repairing any road, or removing obstructions 
from any road, it shall be in proportion to the entire number of 
laborers returned as liable to road duty on any farm or plantation 
within the year. And whenever, incidentally, labor shall be per- 
fijxruied ia irepairing the roads or removing obstructions therefrom. 



OF SOUTH CAROLINA. 229 

it shall be the duty of the Commissioner or Commissioners of such ^- ^- ^'^"'•'^• 
road or roud.s, to credit with said labor, the farm or ])lHntation from '""""~v^^ 
which it shall have been exacted, which credit shall be allowed such 
farm or plantation in future calls uj)on it for labor. 

XXIX. That an Act entitled "An Act to prevent obstructions Parti.ii rc- 
to the free passage of fish up the river Keowee and its waters," ^^^^ of Act oi 
passed on the twenty-first day of December, in the year of our 

Lord one thousand eight hundred and eleven, be, and the same is 
hereby, repealed, so far as the same relates to mills and mill dams. 

XXX. That the seventeenth and twentieth Sections of an Act 
entitled "An Act to establish certain roads, bridges and ferries, and 
to amend the law respecting Commissioners of Roads in certain 
particulars," passed on the sixteenth day of December, in the year 
of our Lord one thousand eight hundred and fifty-two, providing 
for the opening of two public roads in York District, be, and the 

same are hereby, so amended that the said roads are declared to be in York^IHs- 
private paths, and shall be kept in repair as provided by law for trict. 
keeping in repair roads of that description : Provided, That those 
who are required to work on said paths are hereby declared to be 
exempt from common road duty. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



i 



i 



AN ACT TO Authorize the Formation of the Newberry No. 4140. 
AND Chester Railroad Company. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That the formation of a corporate company is hereby author- 
ized for the construction of a railroad on the most practicable route, 

from some point on the Greenville and Columbia Railroad, at or Route of rail- 
near the town of Newberry, to some point on the Charlotte and 
South Carolina Railroad, at or between the town of Chester and 
Cornwell Station, which said company shall have exclusive right to 
make, keep up, and use such railroad; and for the term of time 
hereinafter to be mentioned, no other railroad shall be constructed 
between the same points. 

II. That the stock of the company hereby authorized shall con- 
sist of twenty-four thousand shares, of twenty-five dollars each ; but Amount of 
said company shall be at liberty to enlarge their said capital, as in ^ ^'^ '• 

the progress of their undertaking they may find necessary, either by 
additional assessment on the original shares, not to exceed in the 
whole the sum of five dollars on each original share, or by new sub- 
scriptions, to an amount not exceeding five hundred thousand dol- 
lars, the terms and conditions of which new subscriptions the said 



230 STATUTES AT LAkOE 

A. D. 1853. company is authorized to prescribe ; and it shall be lawful for the 
^"■^ Y -^ said conipauy, from time to time, to invest so much of their capital, 
or of their profits, as may not be required for immediate use, and 
until it may be so required, in public stocks, or stocks of every bank 
or other incorporated body, and to draw and apply the dividends, 
and to sell and transfer as they shall see fit any portion of the stock. 
Subscription. III. That the books of subscription of the stock of the said com- 
pany, hereby authorized, shall be opened at Newberry Court House, 
Chester Court House, May bin ton, and such other places, and by 
such Commissioners, and at such times, as shall be appointed and 
fixed by the Governor; notice whereof shall be given by each set 
of Commissioners, either by advertising in a gazette, or such other 
manner as they may deem best, for at least one month prior to the 
time for the opening of said books ; individuals may subscribe for 
as many shares as they may see fit, paying to the Commissioners at 
the time of subscription one dollar on each share subscribed for. 
And the Commissioners shall designate in books, opposite to the 
names of the subscribers, the day of subscription, the number of 
shares subscribed, and the sum of money paid, respectively; and 
for the sums so paid, the Commissioners shall give receipts to the 
individuals paying, and as soon as may be deposit the money in 
some specie paying bank of the State of South Carolina, subject for 
so much thereof as may be refunded to subscribers upon adjustment 
made in case of over subscription, to the joint check of said Com- 
missioners, and subject for the balance to the check or order of said 
company through its President and Directors, 
-p. , en IV. That when the books shall be closed on the last day, the 

Duty of Com- ^ .. ir-ii ifi- ■, -i 

missioners. Commissioners at each or the places before designated, respectively, 
shall transmit to the Commissioners at Newberry Court House a list 
of subscribers, with such designations as are contained in the sub- 
scription books, with a certificate appended thereto, to be signed by 
each Commissioner, that the money is deposited in bank conform- 
ably to this Act, naming the bank. And thereupon the Commis- 
sioners at Newberry Court House, from all the lists of subscribers, 
shall prepare a general list, and ascertain whether the shares sub- 
scribed are equal to the capital prescribed for the company. If the 
shares subscribed shall exceed twenty-four thousand, then the shares 
shall be reduced rateably to that number, except that no subscrip- 
tion of five shares or under shall be reduced. If the number of 
shares subscribed shall be less than eight thousand the Commission- 
ers at Newberry Court House may keep open the books at that place 
until the number of eight thousand shares shall be subscribed. If 
the number of shares shall amount to eight thousand, the said com- 
pany may thereupon be formed, and when organized, the Board of 
Directors may cause the books to be opened, after sixty days' notice 
of the time and place of subscription, and receive such subscriptions 
as can be obtained ; and may keep open the books until the whole 
amount of eight thousand shares shall have been subscribed. 

V. That as soon as the number of eight thousand shares shall 

ganized. have been subscribed, in manner aforesaid, the company shall be 

considered as formed, and this Act of incorporation shall attach and 
become effectual, and the company may take measures for complete 
organization. To this end the Commissioners at Newberry Court 



OF SOUTH CAROLINA. 231 

House shall appoint a couvenient time and place for the meeting of A. D. IH.53. 
stockholders, and shall cause the same to be advertised in the piihlic "^ ^ ' 
gazettes for four weeks previous to the day of meeting, at which 
time and place the subscribers of stock may attend, in person or by 
proxy, and the meeting having assembled, and a proper registry 
made of all the subscribers who may be in attendance, in person or 
by proxy, the Commissioners at Newberry Court House, or a ma- 
jority of them attending, shall present a ballot-box, in which the 
subscribers may vote by ballot for a President and twelve Directors, Election for 
to serve for one year, and until a new election be made; and the pi^eutoira ^^'^ 
presiding Commissioners shall count the ballots, declare the election, 
and make and deliver proper certificates thei'eof under their hands. 

VI. That at such meeting, or any other meeting of the company, gg^ie of votes. 
each member shall be entitled to one vote upon each share hekl by 

him, not more than fifty ; to one vote on every five shares hehl by 
him exceeding fifty and not more than one hundred; and on all 
shares exceeding one hundred, to one vote on every ten shares ; to 
be given by the stockholder, in person or by his proxy, in all elec- 
tions, and on all matters submitted to the decision of the company ; 
and to constitute a meeting of the stockholders authorized to make 
elections, or decide on any matter on which it shall be necessary for 
the stockholders to act as a company, a majority of all the shares 
shall be represented, by the stockholders themselves or by their 
proxies; and if a sufficient number do not appear on the day ap- 
pointed, those who do attend shall have power to adjourn from time 
to time until a regular meeting shall be formed. 

VII. That the election of President and Directors shall be made 
annually, according to the by-laws to be made for that purpose ; and Annual elec- 
in case any vacancy occur in the Board, between two periods of tions. 
genera! election, a majority of the Board of Directors, at any regu- 
lar or staled meeting of the Board, may elect by ballot, from the 
stockholders, a person to fill the vacancy so occurring, until the next 

general election of Directors. But if it happens that the day of 
annual election of President and Directors shall pass without elec- 
tion as to all or any of them being effected, the corporation shall 
not be dissolved nor discontinued thereby, but it shall be lawful on 
any other day to hold and to make such election, in such manner as 
may be })rescribed by the b3'-laws of the corporation, subject to the 
scale and regulations of the sixth Section of this Act. 

VIII. That the said company, to be organized as aforesaid, shall 

be called the Newberry and Chester Railroad Company, and have privileges, 
perpetual succession of members ; may make and have a common 
seal, and break and alter it at pleasure; may sue and be sued, an- 
swer and be answered unto, by their corporate name aforesaid, in 
all Courts of law and equity, or judicial tribunals in this State, 
and shall be capable at all times of making and establishing, alter- 
ing and revoking, all such regulations as they may find necessary 
ami proper, for effecting the ends and purposes intended by the 
association, and contemplated in this Act: Provided, Such regu- 
lations, rules and by-laws be not repugnant to the Constitution and 
laws of the State. 

IX. That the said Newberry and Chester Railroad Company PowertoLoid 
shall have power and capacity to purchase, take and hold in fee property. 



232 STATUTES AT LARGE 

A. D. 1853. simple or for years, to them and their successors, any lands, tene- 
^^"^"""^ ments or hereditaments that they may find necessary for the site 
on and along which to locate, run and establish the railroad afore- 
said, or to vary or to alter the plan or plans to such breadth or dimen- 
sions through the whole course of the road as they may see fit, and 
in like manner to purchase, take and hold any land contiguous to 
or in the vicinity of the said railroad that they may find necessary 
for the procuring, and from time to time readily obtaining all pro- 
per materials, of what kind soever, for constructing, repairing, 
guarding and sustaining the said railroad, and in like manner to 
purchase all private rights of way or water courses that may lie on 
or across the route through which the said railroad may pass, and 
also all lands contiguous thereto that may be found necessary for 
the erecting of toll houses, work shops, barns, stables, residences, 
and accommodations for servants, agents and mechanics, and for 
stabling and maintaining all animals of labor ; and the said com- 
pany shall have power, if need be, to conduct their railroad across 
and over any public road, river, creek, waters or water courses that 
may be in the route : Provided, That the passage of the road or 
navigation of the stream be not obstructed thereby. 
Comm'rs to -^- That in any case where lands or private rights of way may 
assess dama- be required by the said Company for the purposes aforesaid, and 
^^^' the same cannot be purchased from the owner or owners, for want 

of agreement of the parties as to price, or from any other cause, 
the same be taken by the company at a valuation to be made by 
Commissioners, or a majority of them, to be appointed by the Court 
of Common Pleas of the District in which any part of the land or 
right of way may be situated, and the said Commissioners, before 
they act, shall severally take an oath before some magistrate, faith- 
fully and impartially to discharge the duty assigned to them. In 
making the said valuation, the said Commissioners shall take into 
consideration the loss or damage which may occur to the owners in 
consequence of the land or the right of way being taken, and also 
the benefit or advantage he, she or they may receive from the 
establishment or erection of the railroad and works, and shall state 
particularly the nature and amount of each ; and the excess of loss 
and damage over and above the benefit and advantage, shall form 
the measure of valuation of said land or right of way. The 
proceedings of the said Commissioners, accompanied with a full 
description and plat of the said land, shall be returned under the 
hands and seals of a majority of the said Commissioners to the 
Court from which the commission issued, there to remain of record. 
Right of ap- Either party to the proceedings may appeal from the said valuation 
^'®^'' to the next session of the Court granting the commission, giving 

reasonable notice to the opposite party of such appeal ; and the 
Court, upon satisfactory proof that the af»[)el!ant has been injured 
by such valuation, shall order a new valuation to be made by a 
jury, who shall be charged therewith iu the same term, and their 
verdict shall be final and conclusive between the parties, unless a 
new trial be granted ; and the lands and right of way so valued by 
the Commissioners or jury shall vest in the said company in fee 
simple, so soon as the valuation thereof may be paid, or tendered 
and refused. Where there shall be an appeal, as aforesaid, from 



OF SOUTH CAROLINA. 233 

the valuation of Commissiouers by either of tlie parties, the pond- A. D. i&js. 
ency of such appeal shall not prevent the company from proceed- ^— ^r'— -^ 
ing in the construction of their work in and U|)on said hmd or way; 
when the appeal shall be made by the company requiring the sur- 
render, they shall be at liberty to proceed in ti)eir work, only on 
condition of giving to the opposite party a bond with good security, 
to be approved by the Clerk of the Court where the valuation is 
returned, in a penalty equal to double the said valuation, condi- 
tioned for the payment of said valuation and interest, in case the 
same be sustained, and in case it be reversed, for the payment of 
the valuation thereafter to be made by the jury, and confirmed by 
the Court. In all assessments made by the Commissioners or jury, 
as aforesaid, after the construction of the road or the part thereof 
upon the land to be valued, reference shall be had to the true value 
of the land at the time of the erection of the said road or j)art 
thereof, and the use thereof by said comj)auy for the purpose of said 
road shall be considered as an actual possession of said land 
covered by said road, and the space of one hundred feet on both 
sides of said road as aforesaid. 

XI. That in the absence of any written contract between the said 
company and the owner or owners of land through which the said Title to lands 
railroad may be constructed, in relation to such land, it shall be takcu for road, 
presumed that the land upon which the said railroad may be con- 
structed, together with one hundred feet on each side of the centre 

of said road, has been granted to the said company by the owner or 
owners thereof, and the said company shall have good right and 
title to the same, (and shall have, hold and enjoy the same,) unto 
them and their successors so long as the same may be used only for 
the purpose of the said road, and no longer, unless the person or 
persons to whom any right or title of such lands, tenements or here- 
ditaments descend or come, shall prosecute the same within ten 
years next after the construction of such part or portion of the said 
road as may be constructed upon the lands of the person or persons 
so having or acquiring such right to the title as aforesaid ; and if 
any person or persons to .whom any right or title to such lands, tene- 
ments or hereditaments belong or shall hereafter descend or come, 
do not prosecute the same within five years next after the construc- 
tion of the part of the said road upon the lauds of the person or 
persons so having or acquiring such right or title as aforesaid, then 
he or they, and all claiming under him or them, sliall be forever 
barred to recover the same: Provided, That nothing herein con- 
tained shall afi'ect the right oi' feme coverts, infants, or persons be- 
yond seas, until two years after the removal of their respective 
disabilities. 

XII. That all lands not heretofore granted to any person, nor 
appropriated by law to the use of the State, within one mile from Ungranted 

ii ,> 1 ■ 1 ,. 1 -111 1 lands vested in 

the centre ot the mam track of the said road that may be con- company, 
strueted, be, and they are hereby, vested in the said company and 
their successors, so long as the same may be used for the purpose of 
the said road, and no longer. 

XIII. That the said company shall at all times have the exclu- Rights as 
sive right of conveyance or transportation of persons, merchandise cpmmon car- 
and produce over the railroad to be by them constructed, while they "^'^- 



234 . STATUTES AT LARGE 

A. D. 1853. see fit to exercise the exclusive right; aud the said company are 
^~-~v^-^ hereby authorized to fix and determine upon such rates of charge 
for the transportation of persons, merchandise and produce as to 
them shall seem necessary and {)roper to secure a reasonable and 
adequate return upon the capital invested. The said company may, 
when they see fit, let or farm out all or any part of their exclusive 
right of transportation of pers<jns, merchandise and produce, with 
their privileges, to any individual or individuals or other company, 
and for such terms as may be agreed uj)on, and the said company, 
in the exercise of their right of conveyance and transportation of 
persons or property, and the persons so taking from the company 
the right of conveyance or transportation, so far as they act on the 
same, shall be regarded as common carriers; and the said company 
may use or employ any sections of their proposed railroad before 
the whole shall be completed, which may afford public accommoda- 
tions for their conveyance of persons, merchandise and produce, 
and the said company shall have power to take, at the storehouses 
they may establish or annex to the said raUroad, all goods, wares, 
merchandise and produce intended for transportation or convey- 
ance, prescribe the rules of priority, and charge such reasonable 
prices and compensation for storage and labor as they may by regu- 
lations establish, (which regulations they shall publish,) or as may 
be agreed upon with the owners. 

XIV. That whenever the said company shall see fit to farm out 
Power to as aforesaid, to any other person or persons or body corporate, any 

des"to bemused P^i't of their exclusive right of conveyance and transportation, or 
on road. shall deem it expedient to open the said railroad or any part thereof 

to public use, they shall and may adopt and enforce any necessary 
rules and regulations, and have power to prescribe the construction 
and size or burthen of all carriages and vehicles, and the materials 
of which they shall be made, that shall be permitted to be used or 
pass on the said railroad, and the locomotive power that shall be 
used with them. 

XV. That if any person or persons shall intrude upon said rail- 
Fines and road or any part thereof, by any manner or use thereof, or of the 

intruding on rights or privileges connected therewith, without the permission or 
road. contrary to the will of the said company, he, she or they shall for- 

feit to the company all the vehicles, articles and animals that may 
be so intentionally introduced and used thereon, and the same may 
be seized by the company or its agents, or recovered by a suit at 
law; and, moreover, the person or persons so intruding, shall and 
may be indicted as for a misdemeanor, and, upon conviction, be 
fined or imprisoned, in the discretion of the Court of Sessions, in 
the District in which he, she or they shall be tried and convicted ; 
and if any person shall wilfully and maliciously destroy, or in any 
manner hurt, damage, injure or obstruct the said railroad, or any 
vehicle, edifice, right or privilege granted by this Act, and con- 
structed aud employed under the authority thereof, such person, so 
offending, shall be liable to be indicted as for a misdemeanor there- 
for, and on conviction thereof, shall be imprisoned not more than 
six months, and be fined not more than five hundred nor less than 
twenty dollars, and shall be further liable to pay to the said com- 
pany any damages occasioned by the said injury, and all expenses 



OF SOUTH CAROLINA. 23o 

of repairing the same. The one half of all fines that may he im- ^- ^- '^^^'^■ 
jwsed hy the Court, under this Act, shall be paid to the informer, ^""'^v--""-^ 
and the other half to the said company. The provisions of this 
Section shall be extended as well to the owners of the lands through 
which the said road may be constructed as to other persons, and no 
owner or other person claiming under him or her shall avoid the 
said provisions by the plea of liberum tenemenhim, or any other plea 
whatever. 

XVI. That the right to make, keep up and use the said railroad, 

and the conveyance and transportation thereupon, shall vest and Limit of 

continue in the said company for and during the term of thirty-six ''barter. 

years, to be computed from the time of the corporate existence of 

the company : Provided, That the subscription of stock in the said Proviso. 

company be filled up to the amount of eight thousand shares within 

eighteen months from the passing of this Act, and the said railroad 

be commenced within two years, and be completed within ten years 

after the shares shall be subscribed. 

XVII. That after the President and Directors shall be elected, president and 
as aforesaid, it shall always be in the power of the President and directors ton p- 
Directors of the company, at a meeting of the Board, a majority ic'.*^ ^^'^^ *' 
being present, to nominate and appoint a Secretary, Treasurer and 

all other officers, agents and servants that they may deem necessar}', 
or that may be prescribed in the by-laws of said com])any, and to 
remove the same at pleasure, and also to require and take from all 
the officers, agents and servants such bond or bonds and security as 
the Board or the by-laws may prescribe for securing the fidelity, 
obedience and accountability of said officers, agents and servants, 
and their punctual surrender and delivery of all moneys and pro- 
perty on the termination of their offices by resignation, removal or 
expiration of their term. 

XVIII. That the President and Directors, by an order signed 

by the President, shall have power to draw from banks all such Power to 

suras of money as may have been received by the difl'erent sets of 
Commissioners for the first payment by subscribers upon their sub- 
scriptions of stock, as before provided, except the sums for such 
shares as may be cancelled and thrown out upon adjustment of the 
shares, in case of over subscription, which shall be drawn and re- / 
paid to the subscribers of such shares by the Commissioners respect- 
ively, before whom such subscriptions were made, immediately 
upon notification to said Commissioners of such adjustment. 

XIX. That every subscriber or holder of stock in said company 
shall pay to the company the amount of the shares by him or her 
subscribed or held, in such instalments, not exceeding five dollars Instalments, 
on each share at one time, and at such periods, with intervals of 

not less than sixty days, as shall be prescribed and called for by 
the Directors, of which periods of payments and the sums required 
the Board of Directors shall cause public notice to be given for at 
least four weeks previous to such periods of payment, by adver- 
tisement in one of the gazettes published at Columbia, and on fail- 
ure of any subscriber or stockholder to pay up any instalments so 
called for by the Directors, the shares upon which default shall be 
made, together with any past payments thereon, shall be forfeited 
to the company, and be appropriated as they shall see fit. And 



236 STATUTES AT LARGE 

A. D. 1853. the said company shall and may presciihe, in and by their by-laws, 
"^-"^""^ rules and regulations, the mode of issuing the evidence of shares 

of stock, and the manner, terms and conditions of assigning shares 

of the stock. 

XX. That if any stockholder shall fail to pay the instalment 
Forfeiture of required of him on his share or shares, within one month after the 

shiires of de- same shall have been advertised, in one or more newspapers pub- 
Icnber"! '''^" ^'shed in this State, it shall and may be lawful for the President 
and Directors, or a majority, of them, to sell at public auction, and 
convey to the purchaser the share or shares of such stockholder so 
failing or refusing, giving twenty days' notice of the time and place 
of sale; and after retaining the sum due, and all the expenses inci- 
dent on the sale out of the proceeds, shall pay the surplus to the 
former owner or his legal representative or assignees. And any 
purchaser of the stock of the company under the sale of the Presi- 
dent and Directors, as aforesaid, shall be subject to the same rules 
and regulations as the original proprietor, and no sale by the 
original proprietor of stock or his assignees shall release the original 
proprietor from his obligation to the company to pay the whole 
amount of his subscription. And in addition to the foregoing 
remedy, the President and Directors may proceed by action of 
assumpsit or debt in any of the Courts of law for the recovery of 
the instalments due and not paid by any delinquent subscriber or 
stockholder, or his assignee, who shall not pay the same on requisi- 
tion made in manner and form as aforesaid. 

XXI. That if the said company determine to increase their capi- 
-r „ tal stock, by additional assessments on the original shares as 

stock. hereinbefore provided, the sums so assessed shall be called for in 

such instalments, at such periods and such notices, and not other- 
wise, as are provided in the nineteenth Section of this Act, and the 
failure to pay up such assessments shall induce a forfeiture to the 
company, in like manner as provided in said Section, of the shares 
of stock on which default shall be made. 

XXII. That the President and Directors shall be styled the 
Direction^'^^ of Direction of the Company, and shall have power to call for instal- 
the company, ments, declare all dividends of profits, make all contracts and agree- 
ments in behalf of the company, and to do and perform all other 
lawful acts and deeds which, by the by-laws of the corporation, they 
may be authorized and required to do and perform ; and the 
acts or contracts of the Direction, authorized by the signatures 
of the President and Secretary, shall be binding on the company 
without seal. The Direction shall not exceed in their contracts the 
amount of the capital in the company, and in case they do so, the 
President and Directors, who are present at the meeting when such 
contracts exceeding the capital shall be made, shall be jointly and 

Liability, severally liable for the excess, as well to the contractors as to the 
company : Provided, That any one may discharge himself from 
such liability by voting against such contracts, causing such vote to 
be recorded in the minutes of the Direction, and giving notice 
thereof to the next general meeting of the stockholders. The Di- 
rection shall keep regular minutes of all their meetings and of the 
acts there done, and they shall make a full report of the state of the 
company and of its affairs to a general meeting of the stockholders, 



OF SOUTH CAROLINA. 237 

at least once in every year, and oftener, if so directed l)y tlie by- A. D. 1*53. 
laws, and they shall have power to call a general meeting of the "^^ v^^ 
stockholders, when they may deem it expedient, and the company 
raav provide in their by-laws for occasional meetings of the stock- 
holders, and prescribe the mode of calling the same. 

XXIII. That the following officers and persons, while in the r, 

xCrSODSGX- 

actual employment of the said company, shall be exempt from the empt from 
})erformance of ordinary militia duty, and from service on jurits, jury'duty. ""'^ 
viz : The Chief Engineer and Assistant Engineers, the Commission- 
ers and Superintending Officer, the Secretary and the Treasurer of 
the Directors, the Keepers of Depositories, the Guards stationed on 
the road to protect it from injury, (not exceeding one white man to 
every five miles,) and such persons as may be actually employed in 
working the locomotive engines and traveling with cars for tlie pur- 
pose of attending to the transportation of passengers or goods on the 
said road, not exceeding one white engineer and his white assistant 
to each engine, and one white person to each passenger car, and to 
every five cars for the transportation of goods. 

XXIV. That the said Newberry and Chester Railroad Company 

shall be, and is hereby, excepted from the provisions of the forty- Ecxempted 
first Section of an Act entitled " An Act to incorporate certain vil- tioif of^ Act*^of 
lages, societies and companies, and to renew and amend certain i^i- 
charters heretofore granted, and to establish the principles on which 
charters of incorporations will hereafter be granted," ratified on the 
seventeenth day of December, in the year of our Lord one thousand 
eight hundred and forty-one; but nothing herein contained shall be 
construed to exempt the said company from the provisions of the 
said forty-first Section, upon any future grant, renewal or modifica- 
tion of their charter. 

XXV. That the said company, if they agree upon the terms of 

union, unite with and become a part of the Greenville and Colum- May unite 
bia Railroad Company, or of the Charlotte and South Carolina J^'^Jj^ °'^^'' 
Railroad Company, in either of which events the rights and privi- 
leges conferred by this Act shall belong to the two companies so 
uniting. 

XXVI. That any company or companies which may be hereafter 
chartered for the purpose shall have the right to construct a railroad to biP'hcreluter 
or railroads to unite with the railroad by this charter, authorized to chartered may 
be constructed, upon fair and equitable terms, to be fixed by arbi- 

tratinn, in case the companies interested shall not agree in the 
matter. 

XXVII. This Act shall be deemed a public Act. Public Act. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and in 
the seventy-eighth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



238 STATUTES AT LARGE 

A. D. 1853. ^N ACT TO Incorporate the Branchville and Savannah 

v^-^ Railroad Company. 

No. 4141. 

I. Be it enacted by the Senate and House of Representatives, 

now met and sitting in General Assembly, and by the authority of 

Formation the same, That the formation of a corporate company is hereby au- 

of company, thorized for the construction of a railroad from Branchville, on the 
South Carolina Railroad, to Owens' Cross Roads, in Barnwell Dis- 
trict, and thence by the most practicable route to such point, at or 
near Pnrysburg on Savannah River, as may be determined by the 
stockholders of said companv. 

Capital stock ^^- That the capital stock of Said company shall consist of ten 
thousand shares at one hundred dollars each, but that said company 
shall be at liberty to enlarge the said capital to the amount of fifteen 
thousand shares, as in the progress of their undertaking they may 
find necessary, either by assessment on the original shares, not to 
exceed on the whole the sum of fifty dollars each, the terms and 
conditions of which new subscription said company is authorized to 
prescribe, and it shall be lawful for said company, from time to 
time, to invest so much of the capital, or of their profits, as may not 
be required fjr immediate use, and until it may be required, in pub- 
lic stock or stocks of any bank or other incorporated body, and to 
draw and apply the dividends, and to sell or transfer, as they shall 
see fit, any portion of the stock. 

Books opened. HI. That the books for subscription of the stock of the said com- 
pany, hereby authorized, shall be opened at Branchville, Lowry's 
Turn Out, Blackville, Barnwell Court House, Moore's Cross Roads, 
Whippy Swamp Cross Roads, Lawtonville, Robertsville, Purysburg 

n ■ ■ and Charleston, by three Commissioners at each place; at Branch- 
Commission- .,, T% 1 1 T. T^ T-. /-ll 1 1 /-\1- /^ T ) 

ers. viUe, Donald R. Barton, r. Chartrand and Oliver Ott ; at Dowry s 

Turn Out, William S. Bamberg, Wm. H. Wroter and George Y. 
Patrick ; at Blackville, John E. Tobin, Wm. H. Montague and 
William S. Reynolds ; at Barnwell Court House, Lewis O'Bannon, 
S. J. Bailey and J. M. Hutson ; at Moore's Cross Roads, B. W. 
Lawton, John M. Allen and Wm. M. Bostwick ; at Whippy Swamp 
Cross Roads, B. McBride, Thomas H. Willingham and John J. 
Harrison ; at Lawtonville, Thomas Willingham, George Rhodes, Sr,, 
and Edmund Martin ; at Robertsville, J. Lartigue, A. J. Lawton 
and Charles Jeudon • at Purysburgh, John P. Raymond, John L. 
Meriff and Joseph Hasell ; at Charleston, Edward Bostwick, George 
H. Walter and Thomas Reilly ; and the books shall be opened at 
each of the said places on the same day, to wit : the first Monday 
in February next, and be kept open at each place until the second 
Monday in April next, between the hours of nine o'clock A. M. 
and three o'clock P. M., during the said time, notice whereof shall 
be given by each set of Commissioners of the time and place of sub- 
scribing, either by advertising in a gazette, or such other manner as 
they may deem best, for at least ten days previous to the opening of 
Manner of the said books. Upon the books being opened, individuals or cor- 

subscribing. porations may subscribe for as many shares as they see proper, pay- 
ing to the Commissioners at the time of subscription, one dollar on 
each share subscribed for, and the Commissioners shall designate 
opposite to the names of the subscribers the day of subscription, the 



OF SOUTH CAROLINA. 239 

niiniher of shares subscribed, and the sums of money paid respect- ^- ^^- i*''-'^- 
ively.and for the suras so paid tlie Commissioners shall give receipts ^-^^/"^^-^ 
to tlie individuals paying, and as soon as may be, deposit the money 
in the Bank of the State of South Carolina, or some of its brandies, 
subject for so much thereof as may be refunded to subscribers upon 
adjustment made in case of over subscription, to the joint check of 
said Conunissioners, and subject for the balance to the check or 
order of the said company, through its President and Directors. 

IV. That when the books shall be closed on the last day, the 
Commissioners at each of the places designated respectively as afore- DutyofCom- 
said, shall transmit to the Commissioners at Robertsville, a list of i^issioners. 
subscribers, with such designations as are contained in the subscrip- 
tion books, with a certificate appended thereto, signed by each of 

the Commissioners, stating the amount of stock taken by each sub- 
scriber; and thereupon the Commissioners at Robertsville, from all 
the lists of subscribers, shall prepare a general list, and ascertain 
whether the shares subscribed are equal to the capital prescribed for 
said company. If the number of shares shall exceed ten thousand, 
the Cotumissioners at Robertsville shall reduce the shares rateably 
to that number, except that no subscription of five shares, or under, 
shall be reduced. If the number of shares shall be less than three \ ' 

thousand, the Commissioners at Robertsville, Lawtonville and 
Whippy Swamp Cross Roads may keep the books open in those 
places until the number of three thousand shares shall be subscribed. 
If the number of three thousand shares shall be subscribed, the 
company may thereupon be formed, and when formed and organ- . When organ- 
ized, may cause the books to be opened by the Directors, after thirty 
days' notice of the time and place of subscription, and receive such 
subscriptions as can be obtained, and may keep open the books until 
the whole amount often thousand shares shall be subscribed. And Powers and 
that all the powers and privileges vested by the charter of the Spar- P^^iieges. 
tanburg and Union Railroad Company be, and the same are hereby, 
vested in the Branchville and Savannah Railroad Company, and 
subject to all the limitations and restrictions contained in said char- 
ter : Provided, That the said company shall permit any railroad Other roads 
company, now or hereafter chartered by this State, to form a June- ^^y <^o"n*''=t- 
tion or connection with the said railroad, hereby authorized to be 
constructed, at any point designated by the charter of such railroad 
company, and especially shall permit the Charleston and Savannah 
Railroad Comi)any to form such junction or connection at any point 
of the said railroad, hereby authorized to be constructed, which the 
said Charleston and Savannah Railroad Company may choose. 

V. That the charter of said company shall continue in force for 

the space of thirty-six years, and that this Act shall be taken and of charter?''*''^ 
deemed a public Act. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hiindred and fifty-three, and 
in the seventy-eighth year of the sovereignty and indepen- 
dence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



240 STATUTES AT LARGE 

A. D. 1853. AJSJ" ACT TO Charter the Charleston and Savannah Rail- 

^■"■""Y^^^ road Company. 

No. 4142. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That the formation of a corporate company is hereby author- 
ized for the construction of a railroad, by the shortest practicable 
route, from a point within or near tlie limits of the city of Charles- 
ton, to a point near or within the limits of the city of Savannah, 
such points to be hereafter selected by the stockholders, which said 
company shall have the exclusive right to make, keep up and use 
such railroad ; and for the term of time hereinafter to be mentioned 
no other railroad shall be constructed between the points above 
designated. 
Capital stock ^^- That the stock of the company hereby authorized shall con- 
sist of fifteen thousand shares of one hundred dollars; but the said 
company shall be at liberty to enlarge their said capital, as in the 
progress of their undertaking they may find necessary, either by 
additional assessment on the original shares, not to exceed in the 
whole the sum of twenty-five dollars on each original share, or by 
new subscriptions of not more than one hundred dollars each ; the 
terms and conditions of which new subscriptions the said company 
is authorized to prescribe; and it shall be lawful for the company, 
from time to time, to invest so much of their capital or of their 
profits as may not be required for immediate use, and until it may 
be so required, in public stock or stocks of any bank or other in- 
corporated body, and to draw and apply the dividends, and to sell 
or transfer as they shall see fit any portion of the stock. 

III. That the books for subscription of the stock of the said 
Books for companv herebv authorized shall be opened at Charleston, Adam's 

subscription "^t-, i- t i" i t^t i i i 4 i n i tt- 1 -d • 1 

opened. Run, ilidisto island, Walterborough, Ashepoo, Salt Ketcher liridge, 

Pocotaligo, Gillisonville Court House, Beaufort, Grahamville, Bluif- 
ton, Robertsville, Whippy Swamp Muster Ground, Purysburg and 
Lawtonville, by three Commissioners in each place, to be appointed 
by the Governor, and the books shall be opened in each of the said 
places on the same day, to wit: First Monday of March, in the year 
of our Lord one thousand eight hundred and fifty-four, and be kept 
open at each place for three days thereafter, between the hours of 
nine and two o'clock P. M., notice whereof shall be given by each 
set of Commissioners of the times and places of subscribing, either 
by advertising in a gazette, or such other manner as they may deem 
best, for at least one month prior to the time for opening said books; 
upon the books being opened individuals may subscribe for as many 

subs^rfwnS'^^^ shares as they may see fit, paying to the Commissioners at the time 
of subscription, five dollars on each share subscribed for; and the 
Commissioners shall designate in the books, opposite to the names 
of the subscribers, the day of subscription, the number of shares 
subscribed and the sum of money paid respectively; and for the 
sums so paid the Commissioners shall give receipts to the individ- 
uals paying, and as soon as may be, deposit the money in the Bank 
of the State of South Carolina, subject for so much thereof as may 
be refunded to the subscribers upon adjustment made in case of 
over subscription, to the joint check of said Commissioners, and 



OF SOUTH CAROLINA. 241 

subject for the balance to the check or order of said company, ^^- ^- i*^"'-- 
through its President and Directors. ^'-"'y— ' 

IV. That when the books shall be closed on the last day, the t. ,. f 

^ .. 1^11 \ r ^ • • ^ UutieS 01 

Commissioners at each or the puices before designated, respectively, Comm'rs. 
shall transmit to the Commissioners in Charleston a list of the sub- 
scribers, with such designations as are contained in the subscription 
books, with a certificate appended thereto, to be signed by each 
Commissioner, that the money is deposited in bank conformably to 
this Act, naming the bank, and thereupon the Commissioners in 
Charleston, from all the lists of subscribers, shall prepare a general 
list, and ascertain whether the shares subscribed are equal to the 
capital subscribed for the company, or greater or less in amount 
than the said capital. If the number of the shares subscribed shall 
exceed fifteen thousand, then the shares shall be reduced rateably 
to that number, except that no subscription of five shares or under 
shall be reduced. If the number of shares subscribed shall be less 
than three thousand, the Commissioners in Charleston, Gillisonville 
and Walterborough, may keep the books open at those places until 
the number of three thousand shares shall be subscribed. If the 
number of shares subscribed shall amount to three thousand, the 
said company may thereupon be formed, and when organized may jzyj'^'^'^ °'^^'''°' 
cause the books to be opened by the Directors, after sixty days' 
notice of the time and place of subscription, and receive such sub- 
scriptions as can be obtained, and may keep open the books until 
the whole amount of fifteen thousand shares shall have been sub- 
scribed. 

V. That as soon as the number of three thousand shares shall Ballot for 
have been subscribed, in manner aforesaid, the company shall be {^[i^cfors*^ '""^^ 
considered as formed, and this Act of incorporation shall attach 

and become effectual, and the company may take measures for com- 
plete organization. To this end the Commissioners in Charleston 
shall appoint a convenient time and place for the meeting of stock- 
holders, and shall cause the same to be advertised in the public 
gazettes for four weeks previous to the day of meeting; at which 
time and place the subscribers of stock may attend, in person or by 
proxy; and the meeting having assembled, and a proper registry 
made of all the subscribers who may be in attendance, in person or 
by proxy, the Commissioners at Charleston, or a majority of them 
attending, shall present a ballot box, in which the subscribers may 
vote by ballot for a President and twelve Directors, to serve for one 
year, and until a new election be made; and the presiding Commis- 
sioners shall count the ballots, declare the election, and make and 
deliver proper certificates thereof under their hands. 

VI. That in the said election, and in all future elections of Presi- 
dent and Directors, and in the making, altering and repealing of 
by-laws, and in determining on measures involving the interests of 
the company, at any stated or occasional corporate meeting, the 
votes of the stockholders shall be taken and governed by the scale 
and regulations following: The owner of one or two shares shall be 

entitled to one vote ; the owner of three or four shares shall be Regulating 
entitled to two votes ; the owner of five or six shares sh.all be enti- '*'^''°°- 
tied to three votes ; the owner of seven or eight shares shall be 
entitled to four votes ; the owner of not less than nine nor more 

VOL. XII — 16 



242 



STATUTES AT LARGE 



tions 



A. D. 18.53. than eleven shares to five votes ; the ownei* of not less than twelve 
"""■"v""^ nor more than fifteen shares to six votes ; the owner of not less than 
sixteen nor more than twenty shares to seven votes ; the owner of 
not less than twenty-one nor more than twenty-six shares to eight 
votes ; the owner of not less than twenty-seven nor more tliau 
thirty-three shares to nine votes; the owner of not less than thirty- 
four nor more than forty shares to ten votes ; and the owner of 
shares above forty shall be entitled to one vote for every ten shares 
Proxies. above forty. No one but a subscriber shall be capable of being a 
proxy ; and the appointment of a proxy shall be in writing, signed 
by the stockholder appointing; any person offering to vote as a 
proxy may be required by any stockholder to swear that he has 
no interest, directly or indirectly, in the stock on which he offers to 
vote as proxy ; a trustee of stock shall not vote on shares held by 
him in trust, expressed or declared, where the cestui que trust holds 
other shares, either in his own name or in the name of another 
trustee ; but the cestui que trust may vote on all shares owned 
by him, Avhether legally or equitably, according to the scale afore- 
said. 

VII. That the election of President and Directors shall be made 
Annnai eiee- annually, according to the by-laws to be made for the purpose ; and 

in case any vacancy occur in the Board, between two periods of 
general election, a majority of the Board of Directors, at any regu- 
lar or stated meeting of the Board, may elect by ballot, from the 
stockholders, a person to fill the vacancy so occurred, until the next 
general election of Directors. But if it happens that the day of an- 
nual election of President and Directors shall pass without election, 
as to all or any of them being effected, the corporation shall not 
be dissolved nor discontinued thereby; but it shall be lawful on 
any other day to hold and to make such election, in such manner 
as may be prescribed by the by-laws of the corporation, subject to 
the scale and regulations of the sixth Section of this Act. 

VIII. That the said company, to be organized as aforesaid, shall 
be called "The Charleston and Savannah Railroad Company," and 
have perpetual succession of members ; may make and have a com- 
mon seal, and break and alter it at pleasure ; may sue and be sued, 
answer and be answered unto, by their corporate name aforesaid, in 
all Courts of Law and Equity, or judicial tribunals, in this State, 
and shall be capable at all times of making and establishing, alter- 
ing and revoking, all such regulations, rules and by-laws, for the 
government of the company and its direction, as they may find neces- 
sary and proper for effecting the ends and purposes intended by the 
association, and contemplated by this Act: Provided, Such regula- 
tions, rules and by-laws be not repugnant to the Constitution and 
laws of the State. 

IX. That the said " Charleston and Savannah Railroad Com- 
Riffhts and pany " shall have power and capacity to purchase, take and hold, 
jwers. -j^ ^-gg simple, for years, to them and their successors, any lands, 

tenements or hereditaments, that they might find necessary for the 
site on and along which to locate, run and establish the railroad 
aforesaid, or to vary or to alter the plan or plans to such breadth 
or dimensions, through the whole course of the road, as they may 
see fit ; and in like manner to purchase, take and hold, any land 



Name. 



OF SOUTH CAROLINA. 243 

contiguous to, or in the vicinity of, the said railroad, that they may A. D. wa. 
find necessary for the procuring, and from time to time readily ob- ^—""^^-^ 
faining, all ] roper materials, of what kind soever, for construct- 
ing, repairing, grading and sustaining the said railroad ; and in 
like manner to purchase all private rights of way or water-courses 
that may lie on or across the route through which the said railroad 
may pass ; andjalso all of lands contiguous thereto that may be 
found necessary for the erecting of toll houses, store houses, work- 
shops, barns, stables, residences and accommodation for servants, 
agents and mechanics, and for the stabling and maintaining all ani- 
mals of labor ; and the s^aid company shall have power, if need be, to 
conduct their railroad across and over any public road, river, creek, 
waters or water-courses, that may be in the route : Provided, That 
the passage of the public road, or navigation of the stream, be not 
obsiructed thereby. 

X. That in any case where lands ^or private rights of way may Right of way. 
be required by the said company for the purposes aforesaid, and the 
same cannot be purchased from the owner or owners, for want of 
agreement of the parties as to price, or from any other cause, the 
samefmay be taken by the company at a valuation to be made by 
the Commissioners, or a majority of them, to be appointed by the 
Court of Common PleasPof the District in which any part of the 
land or right of way may be situated ; and the said Commission- 
ers, before they act,™ shall severally take] an oath before some 
magistrate faithfully and impartially to discharge the duty as- 
signed to them. In making tlie said valuation, the said Comniis- Valuation of 
sioners shall take into consideration the loss or damage which may l'^"'. I'y Com- 

, . f 1 1 1 • u .. missioners. 

occur to the owner or owners in consequence ot the land or right 
of way being taken ; and also the benefit or advantage he, she or 
they may receive from the establishment or erection of the railroad 
and works, and shall take particularly the fnature and amount of 
each ; and the excess of loss and damage over and above the benefit 
and advantage, shall form the measure of valuation of said land or 
right of way. The proceedings of the said Commissioners, accom- 
panied with a full description and plat of the said land, shall be 
returned, under the hands and seals of a majority of the said 
Commissioners, to the Court from which the commission issued, 
there to remain of record. Either party to the proceeding may Kitlur party 
appeal from the said valuation to the next session of the Court """'^ appca . 
granting the commission, and giving reasonable notice to the oppo- 
site party of such appeal ; and the Court, upon satisfactory proof 
that the appellant has been injured by such valuation, shall order 
a new valuation to becjraade by a jury, who shall be charged there- 
with in the same term, and their verdict shall be final and conclu- 
sive between the parties, unless a new trial be granted ; and the 
lands and right of way so valued by the Commissioners or jury 
shall vest in the said company in fee simple so soon as the valua- 
tion thereof may be paid, or tendered and refused. Where there 
shall be an appeal, as aforesaid, from the valuation of the Com- 
missioners by either of the parties, the pendency of such appeal 
shall not prevent the company from proceeding in the construction 
of their work in and upon said land or way ; but when the apj)eal 
shall be made by the company requiring the surrender, they shall 



244 STATUTES AT LARGE 

A. D. 1853. \yQ at liberty to proceed in their work only on condition of giving 
'"^~v'~~^ to the o[)posite party a bond with good security, to be approved of 
by the Clerk of the Court where the valuation is returned, in a 
penalty equal to double the said valuation, conditioned for the pay- 
ment of said valuation and interest, in case the same be sustained, 
and in case it be reversed, for the payment of the valuation there- 
after to be made by the jury and confirmed by the Court. In all 
assessments made by the Commissioners or jury as aforesaid, after 
the construction of the road or the part thereof upon the land to 
be valued, reference shall be had to the true value of the land at 
the time of the erection of the said road or part thereof; and the 
use thereof by said company for the purposes of said road shall be 
considered as an actual possession of said land covered by said road, 
and the space of one hundred feet on both sides of said road as 
aforesaid. 

XI. That in the absence of any written contract between the said 
Title of Com- company and the owner or owners of land through which the said 

on"e^ch side of railroad may be constructed, in relation to said land, it shall be 
roii*i- presumed that the land upon which the railroad may be constructed, 

together with one hundred feet on each- side of the centre of said 
road, has been granted to the said company by the owner or own- 
ers thereof; and I he said company shall have good right and title 
to the same (and shall have, hold and enjoy the same) unto them 
and their successors so long as the same may be used only for the 
purposes of the said road and no longer, unless the person or per- 
sons to whom any right or title to such lands, tenements, or here- 
ditaments, descend or come, shall prosecute the same within two 
years next after the construction of such part or portion of the said 
road as may be constructed upon the lands of the person or persons 
so having or acquiring such right to the title as aforesaid ; and if 
any person or persons to whom any right or title to such lands, ten- 
ements or hereditaments belong, or shall hereafter descend or come, 
do not prosecute the same within two years next after the construc- 
tion of the parts of the said road upon the lands of the person or 
persons so having or acquiring such right or title as aforesaid, then 
he or they, and all claiming under him or them, shall be forever 
barred to recover the same: Provided, That nothing herein con- 
tained shall affect the rights of feme coverts, infants, or persons be- 
yond seas, until two years after the removal of their respective dis- 
abilities. 

XII. That the said company shall, at all times, have the exclu- 
Kights as sive right of conveyance or transportation of persons, merchandise 

' and produce, over the railroad to be by them constructed, while 
they see fit to exercise the exclusive right; and the said company 
are hereby authorized to fix and determine upon such rates of 
charge for the transportation of persons, merchandise and produce 
as to them shall seem necessary and proper to secure a reasonable 
and adequate return upon the capital invested. The said company 
may, when they see fit, let or farm out all or any part of their ex- 
clusive right of transportation of persons, merchandise and pro- 
duce, with their privileges, to any individual or individuals, or 
other company, and for such terms as may be agreed upon, subject 
alwavs to the nroviso contained in this Section in relation to the 



common 
riers. 



OF SOUTH CAROLINA. 245 

rates of charge ; and the said company, in the exercise of their right A- ^- '*'•''■■'■• 
of conveyance and transi)ortntion of persons and property, and the ''^"v-"-^ 
persons so taking from the company the right of conveyance or 
transportation, so far as they act on tlie same, shall be regarded as 
common carriers ; and the said company may use or employ any 
sections of their proposed railroad before the whole shall be com- 
pleted, which may afford public accommodation for the conveyance 
of persons, merchandise and produce; and the said company shall 
have power to take, at the storehouses they may establish or annex 
to the said railroad, all goods, wares, merchandise and pnjduce, 
intended for transportation or conveyance, prescribe the rules 
of priority, and charge such reasonable prices and c<)mpensation 
for storage and labor as they may by regulations establisli, (which 
regulations they shall publish,) or as may be agreed upon with the 
owners. 

XIII. That whenever the said company shall see fit to farm out. May adopt 
as aforesaid, to any other person or persons, or body corporate, any ^iciesf^ " ^*'' 
part of their exclusive right of conveyance and transportation, or 

shall deem it expedient to open the said railroad, or any part thereof, 
to public use, they shall and may adopt and enforce any necessary 
rules and regulations, and have power to prescribe the construction 
and size or burthen of all carriages and vehicles, and the materials 
of which they shall be made, that shall be permitted to be used or 
passed on the said railroad, and the locomotive power that shall be 
used with them. 

XIV. That if any person or persons shall intrude upon said rail- , Unauthorized 
road, or any part thereof, by any manner or use thereof, or of the 

rights or privileges connected therewith, without the permission, or 
contrary to the will of the said company, he, she or they shall for- 
feit to the company all the vehicles, articles and animals that may 
be so intrusively introduced and used thereon, and the satrte may be 
seized by the company or its agents, or recovered by a suit at law; 
and, moreover, the person or persons so intruding shall and may be 
indicted as for a misdemeanor, and upon conviction be fined or im- 
prisoned, at the discretion of the Court of Sessions, in the District 
in which he, she, or they shall be tried and convicted, and if any 
person shall wilfully and maliciously destroy, or in any manner 
hurt, damage, injure or obstruct the said railroad, or any vehicle, 
edifice, right or privilege granted by this Act, and constructed and 
employed under the authority thereof, such person so oflending shall 
be liable to be indicted as for a misdemeanor therefor, and on con- 
viction thereof shall be imprisoned not more than six months, and 
be fined not more than five hundred nor less than twenty dollars, 
and shall be further liable to pay to the said company any damages 
occasioned by the said injury, and all expenses of repairing the same. 
The one-half of all fines that may be imposed by the said Court 
under this Act shall be paid to the informer and the other half to 
the said company. The provisions of this Section shall be extended 
as well to the owners of lands through which said road may be con- 
structed as to other persons, and no owner or other person claiming 
under him or her shall avoid said provisions by plea of liberum tene- 
mentnm, or by any other plea whatever. 

XV. That the exclusive right to make, keep up and use the said 



246 STATUTES AT LARGE 

A. D. 1853. railroad, and the conveyance and transportation thereupon shall 
''""^^^-"^ vest and continue in the said company for and during thirty-six 
rijht 'ibr ^Mr- jears, to be Computed from the time of the corporate existence of 
ty-six years, the Said Company, and that during the said term of thirty-six years the 
stock of the said company, and the real estate that may be purchased 
by them and be connected with, or subservient to their works hereby 
Exempt from authorized, shall be exempted from taxation, and after the lapse of 
axation. ^j^^ g^^jj ^^^.^^ ^^ thirty-six years the said Charleston and Savannah 

Kailroad Company shall be and remain incorporate, and be vested 
with all the estate, powers and privileges as to their own works 
herein granted and secured, except that the Legislature may author- 
ize the formation of other companies and the construction of other 
railroads for the trade or intercourse contemplated therein, but the 
Legislature may renew and extend the exclusive right of said 
Charleston and Savannah Railroad upon such terms as may be pre- 
scribed by law and accepted by said company: Provided, That the 
subscription of stock in the said company be filled up to the amount 
of three thousand shares within thirteen months from the passing 
of this Act, and the said railroad be commenced within two years, 
and be completed within ten years after the shares shall be sub- 
scribed. 

XVI. That after the President and Directors shall be elected, as 
Appointed aforesaid, it shall always be in the power of the President and Di- 

officers. rectors of the company, at a meeting of the Board, a majority being 

present, to nominate and appoint a Secretary, a Treasurer, and all 
other officers, agents and servants that they may deem necessary, or 
that may be prescribed in the by-laws of the said comj)any, and to 
remove the same at pleasure, and also to require and take from all 
the officers, agents and servants such bond or bonds and security as 
the Board or the by-laws may prescribe for securing the fidelity, 
obedience and accountability of the said officers, agents and ser- 
vants and their punctual surrender and delivery of all moneys and 
property on the termination of their offices, by resignation, removal 
or expiration of their term. 

XVII. That the President and Directors, by an order signed by 
Presidcntand the President, shall have power to draw from the Bank all such 

draw money.*^° s"^^'** of money as may have been received by the different sets of 
Commissioners for the first payment by subscribers upon their sub- 
scriptions of stock as before provided, except the sums for such 
shares as may be cancelled and thrown out upon adjustment of the 
shares in case of over-subscriptions, which shall be drawn and repaid 
to the subscribers of such shares by the Commissioners, respectively, 
before whom such subscriptions were made, immediately upon noti- 
fication to such Commissioners of such adjustment. 

XVIII. That every subscriber or holder of stock in said company 
Payment of shall pay to the company the amount of the stock by him or her 

instalments. subscribed or held, in such instalments, not exceeding five dollars 
on each share at any one time, and at such periods, with intervals 
of not less than sixty days, as shall be prescribed and called for by 
the Directors; of which periods of payment and the sums required 
the Board of Directors shall cause public notice to be given for at 
least four weeks previous to such periods of payment, by advertising 
in one or more of the gazettes published in the City of Charleston, 



OF SOUTH CAROLINA. 247 

and on failure of any subscriber or stockholder to pay up any in- ^^- ^- '^^■>^'- 

stalments so called for by the Directors, he or she shall be liable to ^— ^v—^-' 

an action for the same, or the shares upon which such default shall 

be made, together with any past payment thereon, shall be forfeited 

to the company, and be appropriated as they shall see fit. And the 

said company shall and may prescribe in and by their by-laws, rules 

and regulations, the mode of issuing the evidence of shares of stock, 

and the manner, terms and conditions of assigning and transferring 

shares of the stock. 

XIX. That if the said company determine to increase their capi- increa.=e of 
tal stock by additional assessments on the original shares, as here- ^^ipitai stock, 
inbefore provided, the sum so assessed shall be called for in such 
instalments, at such periods and such notices, and not otherwise, as 

are provided in the eighteenth Section of this Act, and failure to 
pay up such assessment shall induce a forfeiture to the company in 
like manner as provided in said Section, of the shari s of stock on 
which default shall be made. 

XX. That the President and Directors shall be styled the Direc- Powers and 
tion of the company, and shall have power to call for all instal- '!"'"A'-''°^- °^ 

11 11 T • 1 1 n r> 1 II T ^'^^ Direction. 

ments, declare all dividends or pronts, make all contracts and 
agreements in behalf of the company, and to do and perform all 
other lawful acts and deeds which by the by-laws of the corporation 
they may be authorized and required to do and perform ; and the 
acts or contracts of the Direction, verified by the signatures of the 
President and Secretary, shall be binding on the company without 
seal. The Direction shall not exceed, in their contracts, the amount 
of the capital in the company ; and in case they do so, the President 
and Directors who are present at the meeting when any such con- 
tract exceeding the capital shall be made, shall be jointly and sever- 
ally liable for the excess, as well to the contractor as to the company : 
Provided, That any one may discharge himself from such liability 
by voting against such contract, causing such vote to be recorded in 
the minutes of the Direction, and giving notice thereof to the next 
general meeting of the stockholders. The Direction shall keep 
regular minutes of all their meetings, and of the acts there done ; 
and they shall make a full report of the state of the company, and 
of its affairs, to a general meeting of the stockholders, at least once 
in every year, and oftener, if so directed by the by-laws; and they 
shall have power to call a general meeting of the stockholders when 
they may deem it expedient ; and the company may provide in their 
by-laws for occasional meetings of the stockholders, and prescribe 
the mode of calling the same. 

XXI. That the following officers and persons, while in the actual Persons ex- 
employment of the said company, shall be exempt from the ])erform- Htia'and^j^ry 
auce of ordinary militia duty, and from service on juries, viz: the ^luty. 
Chief Engineer and Assistant Engineer; the Commii^sioner and Su- 
perintending Officer; the Secretary and Treasurer of the Directors; 

the Keeper of the Depository ; the guards stationed on the road to 
protect it from injury, (not exceeding one white man to every five 
miles,) and such persons as may be actually employed in working 
the locomotive engines, and in travelling with cars for the purpose 
of attending to the transportation of passengers or goods on the said 
road, not exceeding one white engineer, and his white assistant, to 



248 STATUTES AT LARGE 

A. D. 1853. each engine, and one white person to each passenger ear, and to 
''"''"^ ^ every five cars for the transportation of goods. 

XXII. That the powers and privileges hereinbefore granted shall 
not be so construed as to prevent the Legislature from making fur- 
ther grants of ferries, bridges and turnpike roads within any dis- 
tance of the same, whenever the convenience of the community may 
require such further grants. 

XXIII. That the said Charleston and Savannah Railroad Com- 
Exemptfrom pany shall be, and is hereby, exempted from the provisions of the 

Actofisii. forty-first Section of an Act entitled "An Act to incorporate certain 
villages, societies and companies, and to renew and amend certain 
charters heretofore granted, and to establish the principles on which 
charters of incorporation will hereafter be granted," ratified on the 
seventeenth day of December, in the year of our Lord one thousand 
eight hundred and forty-one; but nothing herein contained shall be 
construed to exempt the said company from provisions of the said 
forty-first Section in regard to any future grant, renewal or modifi- 
cation of their charter. 
Public Act. XXIV. That this Act shall be deemed a public Act. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4143. AN ACT to Charter a Company to Construct a Railroad 
FROM THE Junction of the Camden and Columbia 
Branches of the South Carolina Railroad to Ham- 
burg, South Carolina. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That the formation of a corporate company is hereby author- 
ized for the construction of a railroad on the most practicable route 
from the junction of the Camden and Columbia branches of the 
South Carolina Railroad, or some point near said junction, to Ham- 
burg, in South Carolina, which company shall be known by the 

Name. name and style of the Wateree and Hamburg Railroad Company, 

and shall have the exclusive right to make, keep up and use such rail- 
road for the term of time hereafter mentioned, and no other railroad 
shall be constructed between the points above designated. 

II. That for the purpose of raising the capital stock of said com- 
pany it shall be lawful to open books at Hamburg, Suraterville, 
Darlington and Marion Court Houses, under the direction of J. J. 

Commission- Blackwood, Josiah Sibley and B. Dunbar, for Hamburg; W. F. P. 

tJrS to TGCGIVG ' •/ ^ ■ n 

subscriptions. Haynesworth, Montgomery Moses and L. L. Fraser, Jr., for Sum- 



OF SOUTH CAROLINA. 249 

terville ; Thomas C. Evans, J. F. Ervin and E. W. Charles, for Dar- ^- r). m>3. 
lington Court House ; Wm. Evans, S. M. Stephenson and A, (^. ' ^ ' 
McDuffie, for Marion Court House, as Commissioners, and such 
other persons as a majority, or any three of the foregoing Coran)is- 
sioners may designate, and at such other places, and under the direc- 
tion of such other persons as the said Commissioners, or a majority, 
or any three of them, may designate, for the purpose of receiving 
subscriptions to an amount not exceeding fifteen hundred thousand Amount of 
dollars, in shares of one hundred dollars each, to constitute a joint stock. 
capital stock for the purpose of constructing and carrying into ope- 
ration the railroad by this Act provided for; and on each share of 
the stock subscribed for the subscribers shall pay to the Commission- 
ers, who shall take the same, the sum of five dollars in specie, or the 
notes of specie paying banks of this State. 

HI. That when the sum of five hundred thousand dollars shall AVhen organ- 
be subscribed for, in manner herein prescribed, the subscribers shall ^ ' 
be, and they are hereby declared to be, incorporated into a com- 
pany, by the name and style above mentioned, and may meet and 
organize the said company at such time and place as may be desig- 
nated by the said Commissioners, or a majority of the same. 

IV. That for the purpose of organizing and forming the said Powers con- 
company, all the powers conferred by the charter of the Spartan- *^""'^ ' 
burg and Union Railroad Company, on the Commissioners therein 
designated, shall be vested in the Commissioners appointed l)y this 

Act, and all the rights, powers and privileges granted by the charter 
of the Spartanburg and Union Railroad Comijany to that company, 
shall be, and are hereby, granted to the Wateree and Hamburg 
Railroad Company, and subject to the same conditions, except as 
they may be altered by the provisions of this Act : Provided, That Proviso, 
the subscription of stock in the said company be filled up to the 
amount of five hundred thousand dollars within eighteen months 
from the passage of this Act, and that the said railroad be com- 
menced within two years, and completed within ten years, after the 
shares shall have been subscribed. 

V. That the President and Directors, or a majority of them, shall ^ Power of 

1 .1 /- , 1 I • X X- j^i ■ * i. X • President and,' 

have power to borrow money for the objects of this Act; to issue Directors to 
certificates or other evidences of such loans, and to make the same ^'"^^^ ^'*''°^- 
convertible into the stock of the company at the pleasure of the 
holder, and to pledge the property of the company for the payment 
of the same with interest: Provided, That no certificate of loan, 
convertible into stock, or creating any lien or mortgage on the pro- 
perty of the company, shall be issued by the President and Directors 
unless the expediency of making a loan, on such terms, and of issu- 
ing such certificates, shall have first been determined on at a general 
meeting of the stockholders, by two-thirds of the votes which could 
be legally given in favor of the same. 

VI. That the charter hereby granted shall enure for the term of Limitation of 
thirty-six years, and this Act shall be taken and deemed to be a ^liartor. 
public Act. 

VII. That any company or companies which may be hereafter Other corn- 
chartered for the purpose shall have a right to construct a railroad ''^'"ne^.i. '""•^' 
or railroads to unite with the railroad by this charter authorized to 

be constructed, upon fair and ecpiitable terms, to be fixed by arbi- 



250 STATUTES AT LARGE 

A. D. 1853. tration, in case the companies interested shall not agree in the 
'^"^'y^"^ matter. 

In the Senate House, the twentieth clay of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4144. AN ACT to Incoeporate the Columbia and Hamburg Rail- 
road Company. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That the formation of a corporate company is hereby author- 
ized, for the construction of a railroad on the most practicable route 

Where to run. from some point in or near the town of Columbia, in Richland Dis- 
trict, to the Savannah River, at or near the town of Hamburg, in 
Edgefield District, which said company shall have the exclusive 
riglit to make, keep up and use such railroad, and for the term of 
time hereinafter to be mentioned no other railroad shall be con- 
structed between the points above designated. 

II. That for the purpose of raising the capital stock of said com- 
Commission- pany, it shall be lawful to open books at Hamburg, under the direc- 

*^'"*' tion of Charles Hammond, E. J. Buckmaster and J W. Stokes; at 

Columbia, under the direction of G. M. Thompson, C. R. Bryceand 
William Wallace; at Lexington Court House, under the direction 
of John Fox, Leroy Hendrix and A. H. Fort; at Edgefield Court 
House, under the direction of S. Christie, R. S. Mims and S. F. 
Goode ; and at such other places, and under the direction of such 
other persons as the said Commissioners, or a majority of them, 
may designate, for the purpose of receiving subscriptions to an 
amount not exceeding one million of dollars, in shares of one hun- 
' dred dollars each, to constitute a joint capital stock for the purpose 
of constructing and carrying into operation the railroad by this Act 
provided for, and on each share of the stock subscribed for the sub- 
scribers shall pay to the Commissioners, who shall take the same, 
the sum of five dollars in specie, or the notes of specie paying banks 
of this State. 

III. That it shall be the duty of the said Commissioners, or a 
Books of sub- maiority of them, to open books of subscription at such time as 

scnption to be , •• , ^^ ^ 1- f 1 • 1 1 • 1 ) 

opened. they shall deem expedient, ot which thirty days previous notice 

shall be given in any newspaper which may be published in the 
towns of Columbia and Hamburg, and at Lexington and Edgefield 
Court flouse, which said books of subscription shall remain open 



[ 



OF SOQTH CAROLINA. 251 

for the space of sixty days, and if at the expiration of that time A. D. I8.j2. 
the sura of five hundred thousand dollars shall have been subscribed, ^'"^~y-~~' 
the said Commissioners shall a[)point a time and place for the sub- 
scribers to the stock to meet for the purpose of organizing, of which 
due notice shall be given by public advertisement. It shall be the 
duty of the said Commissioners to deposit in some of the banks of 
this State the amount of money paid in upon subscriptions to stock. 
But if the sum of five hundred thousand dollars shall not be sub- 
scribed within the time first appointed, the said Commissioners 
herein named may, at their discretion, again open books to receive 
further subscriptions for said capital stock, and keep them open at 
such places, and for such time as they shall think proper and fit, 
and the like course shall be pursued by the said Commissioners on 
the second opening of said books as are prescribed as to the first 
opening of them. And if the sura of five hundred thousand dollars 
shall not be subscribed upon the first and second opening of said 
books, then the said books may be closed or kept open, as a majority 
of the said Commissioners shall think fit, and for such a period of 
time as they may prescribe: Provided, That if upon the first and 
second opening of said books, the sura of five hundred thousand 
dollars shall have been subscribed, the power to keep open said 
books shall be transferred to and vested in the subscribers to said 
stock, or to the President and Directors whom they shall appoint, 
and not in the Commissioners: And provided, also. That neither the 
said Commissioners nor the subscribers of stock, nor their President 
and Directors, shall have power to keep open said books and to 
receive subscriptions for a longer period than two years from the 
ratification of this Act. 

IV. That w'hen the sum of five hundred thousand dollars shall When organ- 
be subscribed for in manner herein prescribed, the subscribers shall "■^'^• 

be, and they are hereby, declared to be incorporated into a company, 
by the name and style of the Columbia and Hamburg Railroad 
Company, and may meet and organize said company as herein pro- 
vided. 

V. That for the purpose of organizing and forming this company Rights and 
all the powers conferred by the charter of the Charlotte and South privileges. 
Carolina Railroad Company on the Commissioners therein desig- 
nated, shall be vested in the Commissioners appointed pursuant to 

the provisions of this Act, and all the powers, rights and privileges 
granted by the charter of the Charlotte and South Carolina Kail- 
road Company to that company, shall be, and are hereby, granted 
to the Hamburg and Columbia Railroad Company, and subject to 
the same conditions therein contained, except as to the capital stock, 
the sum necessary to authorize organization, and the amount of 
shares ; and except so far as may be otherwise necessary to conform 
to the special provisions of this Act. 

VI. That in the event of any vacancy in the Commissioners Vacancies to 
herein appointed at Hamburg, Lexington Court House, Edgefield ^"^ ®^^*^'^' 
Court House, or Columbia, by refusal to serve, death, or otherwise, 

the delegations, or a majority of them, in both branches of the 
Legislature, for the Districts of Edgefield, Lexington and Richland 



respectively, for the time being, are authorized to fill such vacani 
VII. The charter hereby granted shall endure for the period 



cy. 



ihj granted shall endure for the period of charter!"'*^ ^ 



252 STATUTES AT LARGE 

A^. 1853. thirty-six years, and this Act shall be taken and deemed to be a 
^"^^'''""^ public Act. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4145. AN ACT to authorize the Spartanburg and Union Rail- 
road Company to extend their Road from some point at 
OR NEAR Spartanburg Court House to some point on the 
North Carolina line, in the direction op Asheville or 
Rutherford. 

I. Be it enacted by the Senate and House of Representatives, now 
Authorized j-^gt and sitting in General Assembly, and by the authority of the 

same, That the Spartanburg and Union Railroad Company be, and 
they are hereby, authorized and empowered to extend their said road, 
from such point at or near the town of Spartanburg as they may select, 
towards and unto the North Carolina line, at such point as they 
may select, in the direction of Asheville or Rutherford. 

II. That for the purpose of making such extension, the said 
Original char- Spartanburg and Union Railroad Company shall be, and they are 

extension^ ^ ^ hereby, invested with all the rights, powers, privileges and immuni- 
ties, and subjected to all the duties, restrictions and responsibilities, 
that they now have and enjoy, or are subject to, under the provis- 
ions of an Act entitled " An Act to authoiize the formation of the 
Spartanburg and Union Railroad Company," passed on the nine- 
teenth day of December, A. D. one thousand eight hundred and 
forty-nine ; and the provisions of the said Act shall attach, and 
be construed to cover and apply, in every respect, to the extension 
herein provided for. 

III. That the capital stock of said company may be increased to 
May increase any sum not exceeding two millions of dollars ; and for this pur- 

capital stock. i -n* ■ i i ta- i h i i i 

pose the rresident and Directors shall have power to cause books 
of subscription to be opened, at such times and places, and by such 
Commissioners, as they may appoint for that purpose, the said 
President and Directors, and the said Commissioners, conforming, 
in every respect, not inconsistent herewith, to the provisions of the 
original charter of the Spartanburg and Union Railroad Company, 
herein applied to the contemplated extension of their said road. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousaud eight hundred and fifty-three, and in 
the seventy-eighth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



OF SOUTH CAROLINA. 253 

AN ACT TO AMEND THE CHARTER OF THE GrEENVILLE AND ^- ^^- l^''- 

Columbia Kailroad Comi'Any. ''-"v -^ 

No. 414G. 

I. Be it enacted by tlie Senate and House of" Representatives, now 
met and sitting in General Assembly, and by the authority of the 

same, That the charter of the Greenville and Coknnbiu Railroad Charter 

Company be amended in the following particulars, that is to say : amended, 
that the capital stock of the said company, instead of being limited 
to one hundred thousand shares, of twenty dollars each, may be in- 
creased to one hundred and seventy-five thousand shares, of twenty 
dolhirs each. 

II. That the said Greenville and Columbia Railroad Company y^,^^. ,^^j,^j 
shall have power to construct and build a branch of their road ijiancii" to Ai- 
fr(Mii some point on their main trunk, west of Saluda River, to con- '^"' 

nect with the South Carolina Railroad at or east of Aiken, and for 
that purpose all the powers, privileges and exemptions, heretofore 
given and granted to the said company as to their other road, shall 
be, and they are hereby re-euacted, and given and granted to the 
said company. 

III. That the said company shall be, and is authorized and em- Booksopcned. 
powered, within twelve months after the ratification of this Act, in 

such manner and form, and at such times and places as the Direc- 
tion of said company may order and direct, to open and close 
books of subscription for new stock in the capital of the said com- 
pany, to be employed in the construction of the said branch railroad. 

IV. That the said company shall be allowed to subscribe uj)on Company 
said books an amount equal to that subscribed by individuals and ^^^ subscribe, 
corporations, and that as soon as twenty-five thousand shares, of 

twenty dollars each, including the aforesaid subscription of the said 
company, shall have been subscribed in manner aforesaid, the same 
shall be entered upon the records of the company, and thereupon 
the new subscribers who shall come in under this Act shall be stock- 
holders, and entitled to all the rights and privileges, and subject to 
all the liabilities of the original stockholders in the said Greenville 
and Columbia Railroad Company, except that they shall not be 
liable to assessment. 

V. That the said company shall have power to extend their rail- jf,,y extend 
road, or to build and construct a railroarl from Greenville, the pre- Ro^'J , f'0"i 
sent head of their road, upon the most practicable route, to the line 

between this State and North Carolina, in the direction of Asheville, 
and for that purpose to open and close books for subscription to the 
capital stock of the said company at such times, and in such form 
and manner as the Direction of the said company may and shall 
order and direct: Provided, That the capital stock thus to be sub- Proviso, 
scribed, together with that previously subscribed, shall not exceed 
the ca[)ltal stock of the company, limited by this Act : And provi- 
ded, also, That if the said company shall fail to construct and finish 
the said railroad from Greenville to the State line aforesaid, within 
ten years from the ratification of this Act, all the powers in this 
clause, conferred upon the said company, shall cease and be as if 
they had never been conferred. That the said company shall have ^[.^^ )j„;i,l 
power to extend their railroad, or to build and construct a railroad ro:i.i from Ab- 
from Abbeville Court House, upou the most practicable route, to ^'^^^' 



254 STATUTES AT LAKGE 

A. D. 1853. i\^Q Savannah River, in the direction of Washington, Georgia; and 
^~""~v~~^ for that purpose to open and close books for subscription to the 
capital stock of said company, at such times and in such form and 
manner as the direction of said company may and shall order and 
direct : Provided, That the capital stock thus to be subscribed, to- 
gether with that previously subscribed, shall not exceed the capital 
P viso stock of the company, limited by this Act : And provided, also, 

That if the company shall fail to construct and finish the said rail- 
road from Abbeville Court House to the Savannah River in the 
direction aforesaid, within ten years from the ratification of this 
Act, all the powers in this clause conferred upon the said company 
shall cease and be as if they had never been conferred. 

VI. That the said Greenville and Columbia Railroad Company 
May unite may unite with any and all other railroads connected with it, if the 

Roads. '° ^'^ companies interested shall agree upon the terras of amalgamation, 
and in case of union, the road so united with the Greenville and 
Columbia Railroad shall become part of the property of said com- 
pany, and all the powers and privileges granted by the charters of 
the company or companies so united with the said Greenville and 
Columbia Railroad Company shall be assigned to and become pri- 
vileges of the said Greenville and Columbia Railroad Company. 

VII. That in all meetin";s of the Greenville and Columbia Rail- 
Regulating road Company the stockholders shall and may be represented, if 

proxies. they choose, by proxy : Provided, That no one but a stockholder 

shall be a proxy, and the appointment of a proxy in all cases must 
be in writing, and signed by the stockholder appointing the proxy, 
which in all future meetings shall be sufficient, anything in the char- 
ter heretofore granted to the contrary thereof in anywise notwith- 
standing. 

VIII. That the said Greenville and Columbia Railroad Company 
Exemptfrom shall be, and is hereby, exempt from the provisions of the forty-first 

Actol'Tsli" °^ Section of an Act entitled "An Act to incorporate certain villages, 
societies and companies, and to renew and amend certain charters 
heretofore granted, and to establish the principles on which charters 
of incorporation will hereafter be granted," ratified on the seven- 
teenth day of December, in the year of our Lord one thousand eight 
hundred and forty-one. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and in 
the seventy-eighth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 

JAMES SIMONS, Speaker House of Representatives. 



No. 4147. AN ACT to Authorize the Laurens Railroad Company 
TO Extend their Road from Laurens Court House to 
THE North Carolina Line, in the Direction of Ashe- 

VILLE. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 



OF SOUTH CAROLINA. 



255 



same, That the Laurens Railroad Company be, and they are hereby, 
authorized and empowered to extend their road from Laurens Court 
House to such point on the North Carolina line as they may select, 
in the direction of Asheville ; and for the purpose of making such 
extension, the said company are hereby invested with all the pow- 
ers and privileges, and subjected to all the duties and liabilities that 
they now have and enjoy, or are subject to under the provisions of 
an Act entitled "An Act to incorporate the Laurens Railroad Com- 
pany," passed on the seventeenth day of December, Anno Domini 
one thousand eight hundred and forty-seven, and the provisions of 
the said Act are in every respect extended so as to cover and apply 
to the extension herein provided for. 

II. That the said company shall have power to increase their 
capital stock to any sum not exceeding one million of dollars; and stock 
for this purpose the President and Directors of the said company 
shall have power to open books of subscription to such increased 
capital stock, at such times and places, and under the direction of 
such Commissioners as they may select, the said President and Di- 
rectors, and Commissioners, conforming in all other respects to the 
provisions of the Act hereby applied to the contemplated extension. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and indepen- 
dence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



A. D. ia53. 



Authorizc'l 
to extend road. 



Power to in- 
crease caintal 



AN ACT TO Authorize the South Carolina Railroad Com- 
pany TO Construct a Certain Bridge Over the Wateree 
River. 



No. 4148. 



Whereas repeated interruptions have occurred to the travel, as Preamble, 
well as to the transportation of produce and merchandise to and 
from the east side of the Wateree River, and the public interest is 
concerned in the ready and safe passage over the Wateree River for 
travelers, produce and merchandise; and a secure passage over the 
said river by bridge cannot be effectually provided for unless means 
be taken to reduce the height of chimneys in steamboats that may 
ply on said river : 

I. Be it therefore enacted by the Senate and House of Representa- 
tives, now met and sitting in General Assembly, and by the authority 
of the same, That it shall and may be lawful for the South Caro- 
lina Railroad Company to construct a bridge over the Wateree River 
where it is intersected by the railroad, although the said bridge be 
not of sufficient elevation to permit steamboats to pass without low- 
ering their smoke stacks: Provided, That the said bridge be at least 
thirty-five feet above the bed of the river: And provided, also, That the Restrictions, 
said company shall satisfy and pay all the expenses which any 
steamboat may incur by reason of any alterations which may be 



Act of 1841. 



256 STATUTES AT LARGE 

A. D. 1853. rendered necessary by this Act, and by the necessity of lowering 
^~"">'~~' the smoke stack of such steamer by the use of hinges, or by any 
other manual contrivance. 

II. And it is hereby expressly declared that the said South Caro- 
Esemptfrom lina Railroad Company is exempted from the provisions of the 
forty-first Section of an Act entitled "An Act to incorporate cer- 
tain villages, societies and companies, and to renew and amend cer- 
tain charters heretofore granted, and to establish the principles on 
which charters of incorporations will hereafter be granted," ratified 
on the seventeenth day of December, in the year of our Lord one 
thousand eight hundred and forty-one. That nothing herein con- 
tained shall be construed as exempting the said company froai the 
provisions of the said forty-first Section upon any future grant, 
renewal or modification of their charter. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and in 
the seventy-eighth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 

JAMES SIMONS, Speaker House of Representatives. 



No. 4149. AN ACT to Authorize the Comptroller General to Trans- 
fer Sixteen Thousand Dollars of the Stock Owned by 
THE State in the South Carolina Railroad Company, 
AND Southwestern Railroad Bank, to the Laurens 
Railroad Company. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That the Comptroller General be, and is hereby, authorized 
to transfer immediately to the Laurens Railroad Company^he sum 
of sixteen thousand dollars of the stock of the South Carolina Rail- 
road Company, and Southwestern Railroad Bank, owned by the 
State, it being the last instalment of the subscription by the State 
to the capital stock of the Laurens Railroad Company. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4150. AN ACT to amend an Act to Incorporate the Florida 

Steam Packet Company. 

I. Be it enacted by the Senate and House of Representatives, now 

Power to in- ^^^ ^mj sitting in General Assembly, and by the authority of 

stock? '"*^^** the same, That the Florida Steam Packet Company shall have 



OF SOUTH CAROLINA. 257 

power, from time to tirae, to increase their capital stock to any A- ^- '^^^^•^ 
amount not exceeding two hundred and fifty thousand dollars: '— — r^*-' 
Provided, however. That any such increase shall be first assented to 
by a majority in number of the stockholders, who shall be notified 
in two of the public papers of the city of Charleston, of a meeting 
to be held for that purpose: And provided, also, That no such in- 
crease shall be considered as made, until the President and Secre- 
tary of the company shall certify, in two of the public papers as 
aforesaid, that the same has been paid in cash. 

II. The said company shall have power, whenever they may deem May run 
it expedient, to run any one or more of their boats to any port or ^"''J^. to. ports 
ports in Georgia. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO AMEND THE CHARTER OF THE FiREMAN's InSUR- No. 4151. 

ANCE Company of Charleston. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That in addition to the powers vested in the Fireman's In- 
surance Company of Charleston, by an Act of Incorporation, 
passed on the sixteenth day of December, Anno Domini one thou- 
sand eight hundred and fifty-two, the said company is hereby 
authorized and empowered to make contracts, and underwrite Additional 

,. . ^ '^ 1 • 1 . . /, 111- power to in- 

policies ot assurance and inderauity against nre, on buildings, sure property, 
goods, wares, merchandise, shipping and other property, situate, 
lying, being or deposited in this State, or elsewhere, as well as in 
the city of Charleston ; and also to make contracts, and underwrite 
policies of assurance and indemnity upon marine risks, whether of 
vessels or of goods, merchandise or chattels, in whole or in part, 
foreign and domestic, whether upon the high seas, or in foreign 
ports, or in ports of the United States, or within any of the rivers, 
bays, creeks, canals or waters, of this or any other State or coun- 
try; and also to lend or advance money upon bottomry or re- 
spondentia. 

II. That the provisions of the charter requiring an abatement 
of five per cent, discount, on insurance effected by persons entitled 
to hold stock in the company, shall not apply to premiums I'eceived 
or insurances effected by virtue of the powers granted or conferred 
by this Act. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and in 
the seventy-eighth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 
vol. XII — '17 



258 STATUTES AT LARGE 

A. D. 1853. ^X ACT TO AMEND AN AcT ENTITLED " An AcT TO InCORPO- 

' V ' RATE THE Town of Hamburg, and for other purposes," 

No. 4152. PASSED ON THE NINETEENTH DAY OF DECEMBER, IN THE YEAR 

OF OUR Lord one thousand eight hundred and thirty- 
five. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 

TownCoun- Same, That the Town Council of the Town of Hamburg be, and is 
cii may issue hereby, authorized and empowered to subscribe to the capital stock 
of the Savannah River Valley Railroad Company the sum of 
twenty thousand dollars, and for the payment of the same to issue 
bonds payable in ten and fifteen years, bearing interest at the rate 
of seven per centum per annum. 

II. That for the purpose of paying the interest on the said bonds, 
Power to levy the said Town Council is hereby authorized and empowered to levy 

^^' a sufficient annual tax upon the real and personal property situate 

and being within the corporate limits of the said town, in addition 
to the tax which by law it is now authorized to levy " to defray the 
expenses of the said corporation, and to maintain and protect the 
same ; and the revenue to arise from the tax herein authorized to 
be levied to apply to the payment of the interest as it annually 
becomes due on the said bonds, and to no other purpose, and the 
same to keep separate and apart from all other funds in the Trea- 
sury of the said Town Council, and to be designated and known as 
the Railroad Tax. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and indepen- 
dence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4153. AN ACT to extend the time for receiving subscriptions to 
the Western Bank of South Carolina, at Anderson. 

Be it enacted by the Senate and House of Representatives, 
Commission- now met and sitting in General Assembly, and by the authority of 
btfoks. ''*^'°^*^" the same, That the Commissioners authorized to open books of sub- 
scription to the Western Bank of South Carolina, at Anderson, be, 
and they hereby are, authorizeil to re-opsn the same from time to 
time, from the lirst Monday in March to the first Monday in Sep- 
tember next, after having given six weeks' notice thereof. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and ia 
the seventy-eighth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON,President of the Senate. 
JAMES SIMONS, SpeakerHouse of Representatives. 



i 



i 



OF SOUTH CAROLINA. 259 

an act to provide for the measuring of timber in the a. d. 1853. 
City of Charleston, and to create the office of Insj'ect- ^"■""^^'^^ 
OR AND Surveyor thereof. No. 4154. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 

same, That from and after the passing of this Act, no timber shall o^timbe'^""^"* 
be sold or purchased in the City of Charleston, by any mode of 
measurement except that denominated board or superficial measure- 
ment, (unless by special contract between the parties,) which shall 
alone be done by an officer hereinafter created. 

II. The City Council of Charleston shall elect, annaall}'-, one or inspc 
more Inspectors and Surveyors of Timber, who, before entering upon their bonds, 
the duties of his or their office, shall severally execute a bond to 

the said City Council, in the penalty of two thousand dollais, with 
good sureties, for the faithful performances of the duties of his or 
their office; and shall also take and subscribe the following oath, 
to wit : " I, A. B., do solemnly swear (or affirm, as the case may be,) 
that I will faithfully perform all the duties of Inspector and Sur- 
veyor of Timber, in the City of Charleston, as prescribed by the 
Act of the General Assembly providing for the same — so help me 
God." And said bond shall be recorded in the office of the Secretary 
of State, in Charleston, and shall be liable to suits at the instance 
of the State of South Carolina, or of individuals suffi^ring loss by 
the violation of the provisions of this Act. 

III. It shall be the duty of the said Surveyors and Inspectors to Duties, 
measure all timber, in the manner aforesaid, brought for sale to the 

City of Charleston, at the request of any person owning or buying 
the same, and shall give a certificate to such person, specifying the 
quality and kind and quantity of such timber, and the number of 
pieces in each raft; which certificate shall be evidence of the mat- 
ters stated therein, as between the owner and purchaser thereof. 
But nothing herein contained shall prevent any person or persons 
from buying or selling timber in bulk without measurement; and Fees, 
the said Inspectors and Surveyors shall be entitled to demand and 
receive from the owners of timber twelve and a half cents per thou- 
sand for every thousand feet of timber measured. 

IV. No person shall take up and sell any drifted lumber or tim- Pennitics for 
ber, not the property of such person, without accounting for the ggii-"! "Jrij"f"j 
same; and if any person shall take up and sell any drifted lumber lumber. 

or timber, without paying the proceeds to the owner on application, 
after deducting expenses, such person shall be liable to indictment 
as for a misdemeanor, and fined and imprisoned at the discretion of 
the Court. 

V. Any persons violating the provisions of this Act in the mea- 
suring of timber shall be guilty of a misdemeanor, and upon con- 
viction shall be fined not exceeding two hundred dollars. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 

JAMES SIMONS, Speaker House of Representatives. 



260 STATUTES AT LARGE 

A. D. 1853. AN ACT TO Cede to the United States certain Parcels 

^-^^■^"^-^ OF Land as Sites for Light Houses and Beacons. 

No. 4155. 

Be it enacted hy the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of 

Lands ceded ^^® same, That the jurisdiction of this State be, and the same is 
to U. S. hereby, ceded to the United States, over such portions or parcels of 

land, not exceeding ten acres in any one case, as the United States 
have purchased or may purchase for the purpose of erecting light 
houses or beacons, at the following sites, to wit : A site on Morris' 
Island for a beacon or light house; a site on Thomas' Island for a 
beacon or light house; sites for three beacons to be placed on or 
near North and South Island Points, in the vicinity of Georgetown, 
South Carolina; a site on Cape Island, on some point in the imme- 
diate vicinity of the present light house on Cape Romain, for a light 
house ; a site on the East Battery, in the city of Charleston, for a 
beacon or harbor light : Provided, nevertheless, That nothing herein 
contained shall be construed to authorize the use of said parcels of 
land for any other purposes than above specified, or to exclude or 
prevent any process, civil or criminal, issuing from the courts of this 
State, from being served or executed within the limits of the said 
cessions. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
i)i the seventy-eighth year of the sovereignty and indepen- 
dence of the United States of America. 

ROBT. F. \V. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



Proviso. 



No. 4156. -^^ ACT to Prohibit the Collection of Demands against 
Students of the Colleges and Institutions of Educa- 
tion in this State. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 

Contracts same. That any contract or agreement whatsoever, express or im- 
noi-s^ de^ciared plied, by any under-graduate of any of the colleges or institutions 
void. of education in this State, who shall be a minor, with any shop 

keeper, upon the sale of any wines, ardent spirits, goods, wares or 
merchandise, or any article of trade, or with any keeper of a hotel, 
tavern, house of entertainment, or livery stable, shall henceforth be 
held and deemed utterly null and void, insomuch that no confirma- 
tion of the same by such student, after he may have attained the 
age of twenty-one years, shall render such contract or agreement of 
legal obligation. 

II. That it shall not be lawful to issue any process, either from a 
Process not Magistrate or from any court of record in this State, against any such 

to issue. student, upon any such contract or agreement, as aforesaid, at any 

time; nor shall any confession of judgment upon the same be lawful 
or binding, or be allowed to be entered up. 



OF SOUTH CAROLINA. 261 

III. That in case any judgment shall be confessed, or obtained A. D. 185.3. 
contrary to the prohibition hereinbefore expressed, the same shall "--"v-^ 
be ordered to be vacated and annulled by any Jud^e of the Com- .„, -^'"'fx^'its 

-r>i /-ii 1 • "^ - " . ,, . annullca. 

mon Fleas, at Chambers or in open court, upon any information 
that may satisfy him that the said judgment is in contravention of 
the intent gf this Act. 

IV. That the provisions of this Act shall not apply to any apothe- Exemption. 
cary, so far as his dealings may concern the sale of his drugs and 
medicines. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty- three, and in 
the seventy-eighth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives, 



AN ACT TO Confer on Isaac Iseman and Marx Iseman No, 4157. 

CERTAIN RIGHTS AND PRIVILEGES IN RELATION TO A PIECE 

OF Land by them purchased. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That all the right, title and interest of the State in and to a in'^ilaaj^and 
certain lot of land in the town of Darlington, conveyed by John F, Marx Iseman. 
Ervin to the said Isaac Iseman and Marx Iseman, by deed, dated 
thirtieth day of December, one thousand eight hundred and fifty- 
one, and which deed is recorded in the office of Register of Mesne 
Conveyance for Darlington, on the twenty-second day of January, 
one thousand eight hundred and fifty-two, be vested in the said Isaac 
Iseman and Marx Iseman, and their heirs forever ; and that the 
title of the said Isaac Iseman and Marx Iseman in said lot, be taken 
and held valid in law, to the same extent as it would be if the said 
Isaac Iseman and Marx Iseman had been citizens of the United 
States at the time of the execution of the said deed. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and in 
the seventy-eighth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



i 



AN ACT TO Alter the Sittings of the Courts of Law ox No. 4158. 
THE Western Circuit and the Court of Equity for 
Charleston District. 

I. Be it enacted by the Senate and House of Representatives, now J^'"'^^ *"o'" 
met and sitting in General Assembly, and by the authority of ° '"^ 



262 • STATUTES AT LARGE 

A. D. 1853. the same, That hereafter the courts of law for the Western Circuit 
^~-~v"~^ shall be held at the times following, instead of the times now provi- 
ded by law, that is to say : for the District of Abbeville, on the 
first Monday in March and October in every year, to sit one week 
at each term, if so long be necessary ; for the District of Anderson, 
on the second Monday in March and October in every year, to sit 
for one week at each term, if so long be necessary ; for the District 
of Pickens, on the third Monday in March and October in every 
year, to sit for one week at each term, if so long be necessary ; for 
the District of Greenville, on the fourth Monday in March and 
October in every year, to sit for one week for each term, if so long 
be necessary; for the District of Spartanburg, on the first Monday 
after the fourth Monday in March and October in every year, to sit 
for one week at each terra, if so long be necessary ; for the District 
of Laurens, on second Monday after the fourth Monday in March 
and October in every year, to sit for one week at each term, if so 
long be necessary. 

II. That all writs and process which shall have been made re- 
Proeepses and turnablc to the courts of any of the said Districts at the time here- 

writs returna- • . i /■ i i in • i i i i i i- i 

bie. toiore provided lor by law shall respectively be legal and valid to 

all intents and purposes for the courts next to be held in the said 
Districts, respectively, according to the provisions of this Act ; and 
that all persons who have been summoned, or may hereafter be sum- 
moned, to attend the courts of any of the said Districts as jurors or 
witnesses, or who now are or shall hereafter be bound in recogni- 
zance to appear at any of the said courts at the time now provided 
by law shall be, and are hereby, required to attend and appear at 
the courts of the said Districts, respectively, next to be holden 
according to the provisions of this Act. 

III. That the Court of Equity for the District of Charleston shall 
CourtofEqui- hereafter be held on the first Monday in June in every year, instead 

of Churit'ston, of the sccond Monday in the same month, as now provided. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and indepen- 
dence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4159. AN ACT to Declare and Amend the Law in Relation to 
Words of Limitation in Wills and Deeds. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That whenever in any deed or other instrument in writing, 
not testamentary, hereafter executed, or iu any will of a testator 
hereafter dying, an estate, either in real or personal property, shall 
be limited to take effect on the death of any person without heirs of 
the body, or issue, or issue of the body, or other equivalent words, 



OF SOUTH CAROLINA. 263 

such words sliall not be construed to mean an indefinite failure of ^- ^- ^^''•'^• 
issue, but a failure at the lime of the death of such person. ^"""^^r^-^ 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



Cominission- 



AN ACT TO Authorize the Commissioners of the Poor for No. 4160. 
Pickens District to Sell Certain Lands, and for Other 
Purposes. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That James E. Hagood, Alexander Ramsay, Leonard Tow- 
ers, William Hunter, John Bowen, and the Commissioners of the 
Poor for Pickens District, be, and they are hereby, authorized and 
empowered to sell, either at private or public sale, as they may 
deem most expedient and advantageous to the interests of the Dis- er.^to"s"iriands 
trict, the present poor house lands, with their appurtenances; and 'p°or I'iouse".^'^ 
with the proceeds arising from such sale, together with such other 
means as may be at their disposal, to purchase other lands, and 
establish a new poor house thereon at such other and more eligible 
location as they may select. 

In the Senate HfAise, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty aud indepen- 
dence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



I 



AN ACT TO Amend the Law in Relation to Weights and No. 4161. 

Measures. 

Be it enacted by the Senate and House of Representatives, now- 
met and sitting in General Assembly, and by the authority of the 
same, That the Governor be, and he is hereby, authorized to pro- ,.jy*;,'?l\Hr?h« 

1 , tr- • 1 !• 1 •' I J mc!l.-^lrt'^ to dc 

cure, or cause to be made, a suihcient number or the weights and lurnished to 
measures established by law to furnish each Clerk of the Court of 
Common Pleas and General Sessions in the several Judicial Dis- 
tricts in this State which are not already provided with the same; 
the cost and expenses of making the same to be paid for as pro- 
vided by an Act passed on the eighteenth day of December, Anno 



each District. 



264 STATUTES AT LARGE 

A. D. 1853. Domini one thousand eight hundred and forty, entitled "An Act 
^""^v"""^ to provide weights and measures in each District." 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and indepen- 
dence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Spealier House of Representatives. 



No. 4162. AN ACT for the Establishment of a General System of 
Reglstration of Births, Marriages and Deaths in the 
State of South Carolina. 

I. Be it enacted by the Senate and House of Representatives, 
Duty of tax- DOW met and sitting in General Assembly, and by the authority of 

col ectors. j-j^g same, That from and after the passing of this Act, it shall be 
the duty of the Tax Collectors of the different Districts and Par- 
ishes in this State, to require of the inhabitants of the said Dis- 
tricts and Parishes, at the time of making their general tax returns, 
a separate return, stating the number of whites, male and female, 
who have been born, married, or who have died during the year in 
their respective households, and the number of blacks who have 
been born, or who have died during the same period, and return the 
same to the Comptroller General. 

II. That two Registrars shall be appointed by the Governor, one 
Registrars in Columbia and one in Charleston, whose duty it shall be to receive 

iippoiuted. from the respective offices of the Comptroller General in Charles- 
ton and Columbia, the returns of the Tax Collectors, and make and 
publish a full report of the same annually. 

III. That in order to ascertain as accurately as possible the num- 
Duty of Ma- ber of births, marriages and deaths of non-tax-payiug whites, it shall 

gistrates, &c. j^^ ^j^^ ^^^^ ^^ ^j^^ rj,^^ Collector to ascertain from the Magistrates, 

physicians and ministers of the Gospel of the different Districts and 
Parishes, the number of births, marriages and deaths that have 
taken place among the persons within their jurisdiction, or belong- 
ing to their congregations, respectively; and it shall be the duty of 
the Registrars to draw out a proper form of registration for the 
Tax Collectors of the different Districts and Parishes, and for the 
use of the Magistrates and ministers of the Gospel of the said Dis- 
tricts and Parishes. 

IV. That the said Registrars shall each receive annually the sum 
Compensation, ^f ^^^ hundred dollars for their services. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



OF SOUTH CAROLINA. 205 

AN ACT TO Vest the Title of the State in Certain Es- ^- '^- ^'^'•''^■ 

CHEATED PkOPERTY IN SUNDRY PERSONS THEREIN MeN- ' ^'~~^ 

TIONED. No. 4103. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, Tliat all the right, title and interest of the State, in and to 
the real and personal estates of the persons hereinafter mentioned, 
be, and the same is hereby, vested in the following persons, that is 
to say: The right, title and interest of the State in the estate of 
Michael Lynas, be, and the same is hereby, vested in Mary Lyuas, Mary Lynas. 
and her heirs and assigns forever; the estate of Julia Mondaze, in 
William Butler, Robert Butler and Julia Gordon, and their heirs M'iiiiam 

and assigns forever; the estate of John Burdishaw, of Abbeville i^'^*^^'"- 
District, in Fanny Burdishaw, her heirs and assigns forever; the Fanny Bur- 
estate of Levi Gibson, deceased, in Levi Gibson, the infant child of *^Ljl-'i^Gib3on 
Elvira Kirby, his heirs and assigns forever; the estate of Peter 
Campbell in James Campbell, his heirs and assigns forever; the James Camp- 
right, title and interest of the State in and to a certain lot, with the ^^ ' 
buildings thereon, situate in the town of Mount Pleasant, Christ 
Church Parish, described in a deed from Harriet E. Perry to Julius 
L. Bartlett, and recorded in the office of Register of Mesne Con- 
veyance for Charleston District, in Book S, No. twelve, pages two 
hundred and sixty-three and two hundred and sixty-four, in Julius j.l. Bartlett. 
L. Bartlett, his heirs and assigns forever. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and in 
the seventy-eighth year of the sovereignty and independence 
of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



I 



AN ACT TO Vest the Right and Title of the State in and No. 4164. 
TO A Certain Lot of Land in the Town of Darlington, 
in Joseph Frank. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That all the right, title and interest of the State in and to a 
certain lot of land in the town of Darlington, conveyed by John F. 
Ervin to Joseph Frank and Charles Frank, by deed dated January 
third, one thousand eight hundred and fifty-two, and which, on the 
twenty-second day of January, one thousand eight hundred and 
fifty-two, is recorded in the ofHce of Register of INIesne Conveyance 
for Darlington, and in which lot the said Charles Frank, by deed 
of April fifth, one thousand eight hundred and fifty-three, conveyed 
all his right, interest and title to the said Joseph Frank, be vested ^.^^^ vested 
in the said Joseph Frank and his heirs forever; and the title of the in Jos. Frank, 
said Joseph Frank to the said lot of land, be taken and held valid 



266 STATUTES AT LAKGE 

A. D. 1853. iq tjje same extent as it would be in law if the said Joseph Frank 
**"'~v -^ had been a citizen of the United States at the time of the execution 
of the said deeds. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and indepen- 
dence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



sell lands. 



No. 4165. AN ACT to authorize the Commissioners of the Poor for 
St. Bartholomew's Parish to sell Certain Lands, and 
for other purposes. 

I. Be it enacted by the Senate and House of Representatives, 
now met and sitting in General Assembly, and by the authority of 

Com'rs may the same, That the Commissioners of the Poor for Saint Bartholo- 
mew's Parish be and they are hereby authorized and empowered to 
sell, at public sale, on such terms as they may deem most expedient 
and advantageous to the interest of the Parish, all lands, the titles 
of which is vested in the said Commissioners, and to execute the 
necessary deed or deeds for the same. 

Proceeds to H- That the net proceeds arising from such sale be invested by 
be invested. the Said Commissioners in good bonds, bearing interest from date, 
payable annually, and. the interest accruing thereon be applied by 
them towards the support of the poor of said Parish. 

III. That the said Commissioners shall be required to report an- 
Annuai report, nually at the Fall terra of the Court of Common Pleas, the amount 

of the said fund, how the same is invested, and how the interest has 
been applied. 

IV. That upon failure of the said Commissioners to account as 
Penalties, aforesaid, they shall be liable to all the penalties provided in similar 

cases, by an Act entitled "An Act to make further provision for the 
security of public moneys under the control of the different Boards 
of Commissioners in the State," ratified on the eighteenth day of 
December, in the year of our Lord one thousand eight hundred and 
forty-four. 

V. And whereas, the managers of the election for members of the 
Legislature for the Election District of St. Bartholomew's, have 
omitted to hold election for Commissioners of the Poor as by law 
directed — 

Be it therefore enacted, That the said managers be empowered and 
Election for required to hold an election for five Commissioners of the Poor, for 

Uomm rS. r-i-r-.ii >t-.-i ^ in/ri'-l j_ 

St. Bartholomews Parish, on the second Monday in January next. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 

JAMES SIMONS, Speaker House of Representatives. 



Power to issue 



OF SOUTH CAROLINA. 2G< 

AN ACT TO GIVE THE TowN Council of Yorkville the a. d. 1853. 

POWER TO issue BoNDS OP THE CORPORATION, AND FOR ''■■~>^'"-^ 

OTHER PURPOSES. No. 4166. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That in addition to the powers conferred on the Intendant and 
Wardens of the village of York, by the Act of Incorporation of bVnds.' 
said village, passed on the nineteenth day of December, in the year 

of our Lord one thousand eight hundred and forty-nine, the said 
Intendant and Wardens are hereby authorized, at their discretion, 
to issue interest-bearing bonds, which shall be binding on the said 
corporation : Provided, The amount of said bonds shall not exceed 
the sum of five thousand dollars. 

II. That the said Intendant and Wardens shall not be authorized Restriction, 
to appropriate proceeds of bonds issued, except to purposes within 

the scope of the corporate powers heretofore cenferred on the said 
corporation, or hereafter to be conferred by law. 

IH. That said Intendant and Wardens are hereby authorized to 
appoint three Commissioners, with power to assess the value of real appointed, 
estate within the corporate limits of said village. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT IN RELATION TO THE TRUSTEES OF THE SoUTH CaR- No. 4167. 

OLiNA College. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 

same. That in. addition to the Trustees now provided by law, the a jj-*- 
Chairman of the Committee on the College, Education and Religion, Trustees, 
of the Senate, and the Chairman of the Committee on Education, 
of the House of Representatives, shall be, e.v-officio, members of the 
Board of Trustees of the South Carolina College. 

II. The Trustees of the said college are herebv authorized to re- rr • . 

,,,„,., o , P , -, , . To invest 

ceive, m behalr or the State, and to mvest to the best advantage, in funds, 
their discretion, all moneys, funds and securities, which may from 
time to time be offered, for the foundation of scholarships in said 
college. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



268 



STATUTES AT LARGE 



A. D. 1853. 

No. 4168. 



What streams 
navigable. 



Owners may 
erect dams. 



Persons may 
use streams 
on certain con- 
ditions. 



Horse Creek. 



AN ACT TO Declare a certain description of Streams 
Navigable, and for other purposes. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That from and after the passing of this Act, all streams which 
have been rendered, or can hereafter be rendered, capable of being 
navigated by rafts of lumber or timber, by the removal therefrom 
of accidental obstructfons, be, and the same are hereby, declared 
navigable streams; and if any person shall obstruct the same, other- 
wise than is hereinafter provided, such person shall be deemed 
guilty of a nuisance, and such obstruction may be abated as other 
public nuisances now are by the laws of this State. 

II. That it shall be lawful for owners of lands on such streams 
to erect mill dams across the same: Provided, They shall construct, 
and keep in repair, sufficient locks, or slopes, or canals, in or around 
such mill dams, to admit their free navigation for rafts of lumber 
and timber. 

Ill That in all cases which mill owners shall have erected their 
mill dams on such streams antecedent to their use for the purposes 
aforesaid, at the points at which such mill dams have been or may 
be erected, it shall be lawful for all persons who may desire to use 
such streams for the purposes of navigation as aforesaid, upon pay- 
ment to such mill owner of a compensation, to be determined by the 
parties themselves ; but if the parties cannot agree, it shall be the 
duty of any neighboring Magistrate, at the instance of any person 
desiring to use such streams for purposes of rafting of rafts of lum- 
ber and timber, to call to his assistance four neighboring freeholders, 
two to be selected by the mill owner, and two by the applicant; and 
the said Magistrate and freeholders shall determine the amount of 
compensation to be paid by such person desiring to use such stream, 
subject to the right of appeal to the next Court of Common Pleas 
for the District in which the mill may be situated : Provided, That 
nothing herein contained shall be construed to extend to the naviga- 
tion of Horse Creek, above a point known as Richardson's Shoals, 
on said Creek : Provided, nevertheless. Nothing herein contained, 
shall be held or deemed to apply to any stream or water course 
within the corporate limits of the city of Charleston. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and indepen- 
dence of the IJnited States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4169. AN ACT to Allow William Langston to Hawk and Ped- 
dle IN Union District without the Payment of the 
Tax now imposed by Law. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 



OF SOUTH CAROLINA. 269 

same, That William Langston be, and he is hereby, authorized and A. D. isw. 
permitted, as a hawker and peddler, to expose to sale any goods, ^— — y-^*-' 
wares and merchandise within the limits of" the judicial District of 
Union, without the payment of the tax now required by law of per- 
sons of that description : Provided, That the said William Lang- Pi-ovi.-o. 
stoii, in each and every year in which he shall be engaged in such 
business, shall enter into bond, with approved sureties, as now re- 
quired by law, to be taken and approved by the Commissioners of 
Roads for Union District. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and indepen- 
dence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



i 



AN ACT TO EsTABLisn a Rifle Battalion in the Parishes of No. 4170. 
St. Phillip and St. Michael. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That the Washington Light Infantry, Moultrie Guards, Ger- 
man Riflemen and Meagher Guards, four rifle companies in the Companies 

-r> -1 n c^ -I-.1-H- ir-, n»-i 1 1 11 • ■ n , CODStltU tlDg 

Parishes of St. Phillip and St. Michael, shall constitute a rifle bat- battalion, 
talion, (attached to the Sixteenth Regiment, Fourth Brigade Infan- 
try,) that it shall have a major and the following staff, to wit: One 
adjutant and one quartermaster, each with the rank of first lieuten- 
ant. Whenever any of these companies shall be dissolved, the said 
battalion shall be dissolved, the commissions of said officers vacated, ' 

and the remaining companies incorporated in the remaining battal- 
ions of the Sixteenth Regiment. 

II. The said battalion shall be subject to all the laws and rcgula- Subject to 
tioiis governing the Sixteenth Regiment of infantry, and shall con- °i'liti'i ^''ws. 
form to all the regulations of the laws of this State in relation to 

the reception of volunteer companies, and all other militia laws of 
force in this State, or hereafter to be made of force, except as herein 
provided. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-thrci', and 
in the seventy-eighth year of the sovereignty and indL-peii- 
dence of the United States of America. 

ROBT F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



270 STATUTES AT LARGE 

A. D. 1853. AN ACT TO Provide Funds for the Erection of the New 
^'"^^''""^ State Capitol. 

No. 4171. 

I. Be it enacted by the Senate and House of Representatives, 
now met and sitting in General Assembly, and by the authority of 
the same, That the sum of two hundred and fifty thousand dollars, 

Appropriation, jf go ruuch be necessary, be, and the same is hereby, appropriated, 
to carry on the contract for erecting the new Capitol. 

II. That the Governor of the State of South Carolina be, and he 
issu^d?'^^ '^^ ''° is hereby, authorized and directed to issue bonds, in order to raise 

the money necessary, to be countersigned by the Comptroller Gene- 
ral, for the sum of two hundred and fifty thousand dollars, which 
shall be payable in the year of our Lord one thousand eight hun- 
dred and seventy^one, bearing interest not exceeding six per cen- 
tum, to be payable semi-annually at the Treasury of the State, and 
that the faith and funds of the State be, and the same are hereby, 
pledged to secure the payment of the said bonds: Provided, The 
said bonds shall not be sold under par. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and indepen- 
dence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



empted. 



No. 4172. AN ACT to Exempt the Survivors of the South Carolina 
Volunteers in the Florida War from Ordinary Mili- 
tia Duty, and for Other Purposes. 

I. Be it enacted by the Senate and jBouse of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That hereafter all the officers, non-commissioned officers and 

Persons ex- privates of the South Carolina volunteers in the Florida war, who 
were honorably discharged from the service, be, and they are hereby, 
exempted from all ordinary militia duty. 

II. That Jerome B. Kerr, a soldier in the Mexican war, in the 
exempted. " Mississippi Regiment, but now, and up to a short time before he 

volunteered for the war, a citizen of York District, South Carolina, 
be, and he is hereby, exempt from ordinary militia duty. 

In the Senate House, the twentieth day of December, in the year 
of our Lord one thousand eight hundred and fifty-three, and 
in the seventy-eighth year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



OF SOUTH CAROLINA. 271 

AN ACT TO Raise Supplies for the year commencing in ^- ^- ^**'*^- 

October, one thousand eight hundred and fifty-four. ^"" — " ' 

No. 4173. 
I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That a tax for the sums and in the manner hereinafter men- Tax on lands, 
tioned, shall be raised and paid into the public treasury of this 
State for the use and service thereof, that is to say : fifty cents 
ad valorem on every hundred dollars of the value of all the lands 
granted in this State, according to the existing classification as hereto- 
fore established ; one-half cent per acre on all lands lying within 
the Catawba Indian boundary, to be paid by each grantee or lessee 
of said Indian lands, until otherwise directed by law; sixty 
cents per head on all slaves ; two dollars on each free negro, mulatto Slaves and 
or mustizoe between the ages of fifteen and fifty years, except such free negroes, 
as shall be clearly proved, to the satisfaction of the Collectors, to be 
incapable, from maims or otherwise, of procuring a livelihood; 
twenty cents ad valorem on every hundred dollars of the 
value of all lots, lands and buildings within any city, town, Lots and 
village or borough in this State ; sixty cents per hundred dollars ^"'''^'"^^• 
on factorage, employments, faculties and professions, including the Factorage, 
profession of dentistry, (whether in the profession of the law, the 
profits be derived from the costs of suit, fees or other sources of 
professional income,) excepting clei'gymen, school-masters, school- 
mistresses and mechanics, and on the amount of commissions re- Commissions, 
ceived by Vendue Masters and Commission Merchants; thirty 
cents per hundred dollars on the capital stock paid in on the first 
of October, one thousand eight hundred and fifty-four, of all banks 
■which for their present charters have not paid a bonus to the State; 
twenty cents per hundred dollars on the capital stock of all incorpo- 
rated gas-light companies; one per cent, on all preiuiun)s taken in 
this State by incorporated insurance companies, and by the agencies 
of insurance companies and underwriters without the limits of 
this State; ten cents upon every hundred dollars of the amount 
of sales of goods, wares and merchandise, embracing all the articles of j\ierchandise. 
trade, for sale, barter or exchange (the products of this State, and 
the unmanufactured products of any of the United States or 
Territories thereof, excepted,) which any person shall have made 
from the first day of January of the present year, to the first day of 
January, in the year of our Lord one thousand eight hundred 
and fifty-five, either on his, her or their capital or borrowed 
capital, or on account of any pers )n or persons, as agent, 
attorney or consignee; twenty cents upon every hundred dollars of 
the amount of sales of goods, wares and merchandise whatever, 
which any transient person, not resident in this State, shall make 
in any house, stall or public place; ten dollars per day for 
representing publicly, for gain and reward, any play, comedy. Public exhi- 
tragedy, interlude or farce, or other en)ployment of the stage, or any '''""*• 
part therein, or for exhibiting wax figures, or other shows, of any 
kind whatsoever, to be pai<l into the hands of the Clerks of the 
Court respectively, who shall be bound to pay the same into the , 
public treasury, except in cases where the same is now required by 
law to be paid to corporations or otherwise. 



272 STATUTES AT LARGE 

A. D. 1854. ii_ That all taxes levied ou property, as prescribed in the first 
^^"^^r^-^^ Sectiou of tliis Act, shall be paid to the Tax Collector for the Dis- 
Payment. ii'id or Parish in which said property is located. 

III. In making assessments for taxes ou the value of taxable prop- 
Machinery ^^^y ^^^'^ i'l manufacturing, or for railroad purposes, within this 

exempt. State, the value of the machinery used therein shall not be inclu- 

ded, but only the value of the lots and buildings as property merely. 

IV. That the Tax Collectors in the several Districts and Parishes in 
Collectors and ^^^^^ State, in their returns hereafter to be made, be, and they are hereby, 
Comptroller, required and enjoined, to state the precise amount of taxes collected 

by them for the purpose of supporting the police of the said several 
Districts and Parishes aforesaid, stating the rates per centum on the 
amounts of the State tax collected for said District and Parish 
police purposes, and the Comptroller General shall return the same 
in his report. 

V. That free negroes, mulattoes, mustizoes, be, and they are 
hereby, required to make their returns, and pay their taxes, during 
the month of March. 

In the Senate House, the twenty first day of December, in the 
year of our Lord one thousand eight hundred and fifty-four, 
and in the seventy-ninth year of the sovereignty and inde- 
pendence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4174. AN ACT to make Appropriations for the Year commen- 
cing IN October, one thousand eight hundred and 
fifty-four. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That the following sums be, and they are hereby, appropriated 
for the payment of the various officers and expenses of the State 
government, that is to say : 
Executive In THE EXECUTIVE DEPARTMENT. — For the salary of the Gov- 
Department. ernor, three thousand five hundred dollars ; for the Private Secretary 
of the Governor, five hundred dollars ; for the Messenger of the 
Governor, two hundred and fifty dollars ; for contingent fund of the 
Executive Department, twenty thousand dollars, to be subject to the 
draft of the Governor, and to be accounted for annually by him to 
the Legislature; for the rent of the Governor's house, in Columbia, 
three hundred dollars. 

Legislative H- ^^ THE LEGISLATIVE DEPARTMENT. — For the pay of the 

Department. Members of the Legislature and the Attorney General and 
Solicitors, during the present session, twenty-one thousand dol- 
lars, if so much be necessary ; for tiie salaries of the Clerks 
of the Senate and House of Representatives, one thousand dol- 
lars each, and to the said Clerks, for the services of two 
Assistant Clerks, two hundred and fifty dollars for the Clerk 



i 



OF SOUTH CAROLINA. 273 

of the House, and two liundred aud fifty (l(jllar.s for the Clerk A. D. is.>i. 
of the Senate, to be paid at the adjouriiiuciit of the Legisla- "^^'"V^' 
lure ; for the saUiries of two Messengers and two Doorkeepers, 
each two hundred and fifty dollars, to be paid at the adjourn- 
ment of the Legislature; for the salary of the Kee{)er of the State 
House and Librarian, seven hundred dollars; for tiie salaries of 
the Reading Clerks of the Senate and House of Representatives, 
each two hundred and fifty dollars, to be paid at the end of the 
session ; for the services of Engrossing Clerks, to be paid under the 
direction of the Speaker of the House and President of the Senate, 
four hundred dollars; for the Printers of the Senate and House of 
Representatives, in pursuance of the contracts made by the Com- 
mittee of both Houses, nine thousand dollars, if so much be neces- 
sary, for the printing executed by the said printers during the pres- 
ent session of the Legislature, the same to be paid to them as soon 
as the amount of the said contracts shall be ascertained by the 
Treasurer of the Upper Division ; for the Printer, for printing in 
pamphlet form the Acts and Journals of both Houses, Reports and Re- 
solutions agreed to, the Governor's Messages, Reports of the President 
of the Bank and Comptroller General, with the accompanying docu- 
ments, three thousand seven hundred and fifty dollars, if so much be 
necessary: Provided, That the number of copies specified in the 
proposals of the Printers, as accepted by the Legislature, shall be 
printed and deposited in the office of the Treasurer of the Upper 
Division before the twentieth day of April next; and the amount 
to be paid, according to the proposals, which shall be ascer- 
tained by the Treasurer aforesaid : Aiid further provided, That 
the Printer of the Acts and Journals do publish in his newspaper, 
at Columbia, all the jiublic Acts which may be passed at the present 
session, within sixty days after the adjournment of the Legislature; 
for Wm. F. Arthur, for contingent expenses during the present ses- 
sion of the Legislature, twelve hundred dollars, if so much be ne- 
cessary, to be accounted for by him at the Treasury, and reported 
by the Treasurer to the General Assembly ; for stationery, fuel, dis- 
tributing Acts, expenses of the election returns, fi)urteen hundred 
dollars, if so much be necessary ; for the purchase of books for 
the Library of the Legislature, six hundred dollars. 

111. In the Judiciary Department.— For the salaries of the .TuiUciary 
Judges, three thousand dollars each; for the salary of the Attorney department. 
General, eleven hundred dollars; for the salaries of five Solicitors, 
nine hundred dollars each ; for the Clerk of the Court of Appeals 
in Columbia, six hundred dollars ; for the salary of the ^Messenger 
of the said Court at Columbia, two hundred and fift}' dollars : Pro- 
vided, It shall be the duty of the said IMesseuger to summon all 
members of the bar, who are members of the Legislature, when their 
cases may be called for trial ; for the salary of the Librarian of the 
Court of Appeals in Columbia, two hundred dollars, the same to 
include the expenses of fuel; for the purchase of books for the Li- 
brary of the Court of Appeals at Columbia, five hundred dollars; 
for firewood and fuel for the Court of Appeals at Colund)ia, fifty 
dollars, if so much be necessary; for the salary of the Clerk of the 
Court of Appeals in Charleston, six hundred dollars ; fi)r the salary 
of the Messenger of the same Court in Charleston, two hundred and 
VOL. XII — 18 



274 STATUTES AT LARGE 

A. D. 1854. fifty dollars ; for the salary of the Librarian of the Court of Appeals 
^"■^v""^ iu Charleston, two hundred dollars, to include the expense of fuel; 
for firewood and fuel for the Court of Appeals at Charleston, fifty 
dollars, if so much be necessary ; for the purchase of books for the 
Library of the Court of Appeals at Charleston, five hundred dol- 
lars; for the salary of the State Reporter, fifteen hundred dollars ; 
and the several appropriations aforesaid for the Clerks, Librarians, 
Messengers, Reporter, and for the incidental expenses of the Courts 
of Appeals, shall be paid by the Treasurer only upon warrants to 
be drawn by the presiding Judges of the Courts of Appeals, at such 
times and for such portions as they may deem just and proper ; and 
it shall be the duty of the said Repcjrter to attend iu person, or by 
deputy, the sittings of the Courts of Appeals and Errors, in Colum- 
bia and Charleston, and to report such arguments and statements of 
facts as may be necessary to a correct understanding of the decisions 
of the said Courts; for the pay of jurors and Constables, forty 
thousand dollars, if so much be necessary. 

IV. In the Treasury Department. — For the salary of the 
D ) P^'^T'^^ Comptroller General, two thousand dollars; for the salary of the 

Clerk of the Comptroller General, seven hundred and fifty dollars, 
the said Clerk to be appointed and removable at the pleasure of the 
Comptroller General; for the salary of the Treasurer of the Lower 
Division, and for transacting the business of the Loan Office, and 
for Clerk hire, two thousand dollai's ; for the salary of the Treasurer 
of the Upper Division, and for Clerk hire, sixteen hundred dol- 
lars; for the Assessor of St. Philip's and St. Michael's, for making 
out and affixing assessments of each return, eight hundred dollars. 

V. For the South Carolina College. — For the salary of 
South Caro- the President of the College, three thousand dollars ; for the salaries 

ma College. ^^ seven Professors of the College, two thousand five hundred dol- 
lars each ; for the salary of the Treasurer of the College, five hun- 
dred dollars; for the salary of the Librarian of the College, six 
hundred dollars; for the salary of the Secretary of the Board of 
Trustees, two hundred dollars ; for the salary of the Marshal, four 
hundred dollars; the salaries of the President, Professors, Treasurer 
and Librarian, to be paid by the Treasurer of the Upper Division, 
quarterly, in advance, their draft being countersigned by the Trea- 
surer of the College; for the purchase of books for the College Li- 
brary, two thousand dollars, to be paid to the draft of the President 
of the College, countersigned by the Treasurer of the same; for the 
expenses of one student at the South Carolina College, sent by the 
Orphan House in Charleston, four hundred dollars, to be paid to 
the order of the Chairman of the Board of Commissioners of the 
Orphan House. 

VI. For the Ordinary Civil Expenses. — For the payment of 
Ordinary the contingent accounts of the Upper Division, twenty -five thousand 

civil expenses, dollars, if SO much be necessary ; for the payment of the contingent ac- 
counts of the Lower Division, twenty-four thousand dollars, if so much 
be necessary ; for the Commissioner to be appointed by the Governor 
to superintend the Public Works, one hundred and fifty dollars; for 
the payment of Pensions and Annuities, three thousand dollars, if 
so much be necessary ; for the payment of such claims as shall be 
admitted by the Legislature at its present session, twelve thousand 



I 



OF SOUTH CAROLINA. 275 

dollars, if so much be necessary ; for the support of Free Schools, ^- ^- ^*'''- 
seventy-four thousand four hundred dollars, if so much be necessary, ^""""v""^ 
to be distributed among the several Districts in the State, in the pro- 
portion of six hundred dollars to each Representative in the popular 
branch of the Legislature ; for the education of the Deaf and 
Dumb, and of the Blind, five thousand dollars, if so much 
be necessary, to be paid to the Commissioners in the same manner 
as the appropriation heretofore made; for refunding Taxes, as di- 
rected by the reports of the Committee of Ways and Means, and 
of Finance and Banks, agreed to by the Legislature, two hundred 
dollars, if so much be necessary ; for the payment of such other 
claims or demands on the State as may be allowed by the General 
Assembly upon the reports of other Committees, two thousand five 
hundred dollars, if so much be necessary ; for compensation, accord- 
ing to the Act of eighteen hundred and forty-three, for slaves exe- 
cuted, two thousand dollars, if so much be necessary. 

VIL For Military Expenditures. — For the salaries of the Military cx- 
following officers, viz: Adjutant and Inspector General, two ^"^^ ' "^*^*' 
thousand five hundred dollars ; Arsenal Keeper in Charleston, one 
thousand dollars; Arsenal Keeper and Powder Receiver at Colum- 
bia, at the rate of four hundred dollars per annum ; Physician of 
the Jail and Magazine Guard at Charleston, five hundred dollars ; 
and for the support of the Military Academies at Charleston and 
Columbia, thirty thousand dollars, if so much be necessary ; and 
the said Military Academies shall be under the direction of the 
Board of Visitors of the said Academies, so that their support shall 
not exceed the said sum, to be drawn and accounted for to the 
Legislature by the said Board of Visitors : Provided, That each 
election District shall be entitled to send to said Academies a 
number of beneficiaries equal to its representation in the House 
of Representatives, or, in that proportion, as far as the appropria- 
tion for the schools may allow; for the Military Account, as agreed 
to by both branches of the Legislature, one hundred dollars, if so 
much be necessary; for the Military contingencies, five thousand 
dollars, to be drawn and accounted for as directed by the Legislature; 
for defraying the expenses of Artillery Companies, fifteen hundred 
dollars, if so much be necessary, to be drawn and applied in the man- 
ner prescribed by the Act in relation to that subject ; for the Quar- 
termaster General, five hundred dollars ; for the services of the Secre- 
tary of State, during the ensuing year, for all services in issuing all 
military commissions, and in lieu of any charge against the State 
for commissions for civil offices, eight hundred dollars, to be paid as 
other salaries are directed to be paid by law ; for repairing arms 
and Arsenal purposes in Charleston and Columbia, two thousand 
dollars. 

VIII. For Ordinary Local Expenditures. — For the sup- Ordinary lo- 
port of the transient poor at Charleston, seven thousand dollars, ** expense*, 
to be paid to the City Council of Charleston, and accounted 
for by them to the Legislature ; for the salary of the Port Physician 
in Charleston, including boat hire and other incidental expenses, 
eight hundred dollars; for the execution of the Quarantine Law's at 
Charleston, one thousand dollars, if so much be necessary, to be 
paid to the City Council of Charleston, and expended under their 



276 STATUTES AT LARGE 

A. D. 1S;34. direction ; for the salary of the Superintendent of the Fire Proof 
^""^v^^ Building, in Charleston, during the present year, one hundred dol- 
lars ; for the support of the transient poor of Georgetown, five hun- 
dred dollars, to be expended by the Commissioners of the Poor of 
Wiuya'w, to be accounted for by them to the Legislature; for the 
support of the transient poor of Beaufort, two hundred dollars, to 
be expended by the Town Council of the said town, to be accounted 
for by them as heretofore; for the salary of the Pilot of the harbor 
and bar of Georgetown, three hundred and twenty dollars ; for 
aiding the support of a ferry on Elliott's Cut, two hundred dollars, 
subject to the order of the Commissioners of Roads for St. An- 
drew's Parish. 

IX. For the support of the Catawba Indians, twelve hundred dol- 
Catawba In- Jars, if SO much be necessary, to be paid to the order of the Indian 

Agent, and to be expended under the direction of the Governor. 

X. For Public Buildings. — To complete the Court House for 
_ Public build- Chester District, two thousand one hundred dollars ; to complete the 
^°^''' Court House for the District of Williamsburg, one thousand four 

hundred and fifty dollars; to complete the construction of the jail 
of Chesterfield, one hundred and forty-four dollars and twenty-eight 
cents, the above amounts to be drawn and expended by the Boards 
of Commissioners of the respective Districts and accounted for by 
them at the Treasury ; for Charleston jail, ten thousand dollars and 
no more, to be drawn and expended under the direction of the Com- 
missioners of Public Buildings of the said District. 

XL For Extraordinary Explnditures. — To enable the Trus- 
Extraordinary tees of the College of Charleston to improve and extend their build- 
ings, four thousand dollars ; for the amount of a balance due the Com- 
missioners of the Poor for Georgetown District on their account of 
the expenditure of the transient poor fund, two hundred and eighty- 
two dollars and nine cents, to be drawn by said Commissioners ; and 
the dividends that may be received on all such railway shares as the 
State may own at the time of declaring such dividends are hereby 
appropriated to the purpose of aiding in the opening and clearing 
out of the Sullivan's Island Channel of the port of Charleston, and 
all sums arising from said dividends shall be held in the Treasury, 
liable to the draft of the Commission on the Survey of Charleston 
Harbor. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and fifty-four, 
and in the seventy-ninth year of the sovereignty and inde- 
pendence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMOXS, Speaker House of Representatives. 



Xo. 4175, AX ACT to Authorize the United States to Purchase 
CERTAIN Parcels of Land in this State for the Erec- 
tion of Light Houses and Beacon Lights. 

Fee simple \ _gg {t enacted by the Senate and House of Representatives, now 
fifty years! "^^ m&t and sitting in General Assembly, and by the authority of the 



OF SOUTH CAROLINA. 277 

same, That the United States, or such person or persons as may be ^- ^- i*^*- 

by them authorized, shall have the right to select and purchase the ^~ y-^"^ 

fee simple of such portions or parcels of land, not exceeding fifty 

acres in any one case, as may be necessary for erecting light houses 

and beacons at the following points, viz: A site for a beacon to 

range with the Charleston Light House ; a site for a day beacon fur 

St. Helena Sound ; two sites lor two beacons to serve as a range for 

Callabogue Sound ; a site for a light house and beacon light on the 

main land at North Edisto ; a site for a light house and beacon light 

on north poiut of Hunting Island ; a site for a light house and 

beacon light on or near Hilton Head ; a site, restricted to fifty feet Sites for bea- 

square, on South Battery, in the city of Charleston, for a beacon or °'^"^' 

harbor light; 

II. That if the person or persons whose land may be chosen for Commission- 
the above mentioned purposes should not be disposed to sell the land, 
same, or if the person or persons appointed to make the purchase 

should not be able to agree upon terms with such owner or owners 
of said land, the same shall be valued upon oath by a majority of 
three Commissioners, to be appointed for that purpose by his Excel- 
lency the Governor of this State, and the said laud shall be vested 
in the United States upon their paying the amount of such valua- 
tion to the owner or owners of such lauds respectively. 

III. That the said lands, when purchased by or vested in the The in nd' and 
United States, and every officer and person residing or employed understate ju- 
thereiu, whether in the service of the United States or not, shall be nsdiction. 
subject and liable to the government of this State, and the jurisdic- 
tion, laws and authority thereof, in the same manner as if this Act 

had never been passed, and that the United States shall exercise no 
more authority or power within the limits of the said land than 
they might have done previous to the passage of this Act, or than 
may be necessary for the building, erection, repairing or internal 
government of the said light houses and beacons, and the regula- 
tions and management of the said light houses and beacons that 
may be built or erected on the said lands, and of the officers and 
persons by them to be employed in and about the same: Provided, Exempt from 
That the said lands shall be forever exempt from any taxes to be taxes. 
paid to this State. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord oue thousaud eight hundred and fifty-four, 
and in the seventy-ninth year of the sovereignty and inde- 
pendence of the United States of America. 

ROBT. F. ^y. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Amend an Act entitled "An Act to Provide No. 4176. 
FOR THE Inspection of Flour " in certain particulars. 

I. Be it enacted by the Senate aud House of Representatives, 
now met and sitting in General Assembly, and by the authority of 
the same. That the fourth Section of an Act entitled " An Act to Act amended. 



278 STATUTES AT LARGE 

A. D. 1854. provide for the inspection of Flour," ratified on the twentieth day 
^""■v^~' of December, in the year of our Lord one thousand eight hundred 
and fifty, be, and the same is hereby, so amended that the fees of the 
said Inspector shall hereafter be two and a half cents for each and 
every barrel, half barrel or bag by him inspected, instead of the 
sum now allowed by law. 

II. That the eighth Section of the said Act be, and the same is 
Inspector, how hereby, so amended that the said Inspector shall hereafter be ap- 
appomted. pointed by the City Council of Charleston instead of by the Gover- 
nor of the State, as is now provided. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and fifty-four, 
and in the seventy-ninth year of the sovereignty and inde- 
pendence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4177. AN Act to authorize the formation of a Volunteer 
Battalion, to be attached to the Twenty-third Regi- 
ment South Carolina Militia, and for other purpo- 
ses. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That the Richland Volunteer Rifle Company, Governor's 
Guards, Carolina Blues and Richland Guards, and such other Vol- 
unteer Companies as may be hereafter organized in the town of Co- 
lumbia, and received by the Adjutant and Inspector General, may 
constitute a Volunteer Battalion of Infantry attached to the twenty- 
Companies third Regiment of South Carolina Militia: Provided, The number 

no^ o excee ^^ Companies so constituted a Volunteer Battalion shall not exceed 
six. 

II. That said Battalion shall have a Major and the following staff. 
Officers. to wit : One Adjutant, one Quartermaster, one Judge Advocate, one 

Paymaster, each with the rank of First Lieutenant, and one Surgeon, 
with the rank of Captain ; one Sergeant-Major and one Quarter- 
master-Sergeant. And whenever the said Battalion shall be reduced 
below three Companies, it shall be dissolved, the commissions of said 
officers vacated and the remaining companies shall continue attached 
as companies to the twenty- third Regiment. 

III. That all defaulters for non-attendance at regimental musters, 
CourtmartiaL and the Major and staff of said Battalion, shall, in all cases, be tried 

by a Court Martial, ordered by the Colonel or officer commanding 
the twenty-third Regiment ; and all other defaulters shall be tried 
by a Court Martial, to be ordered by the Major or commanding offi- 
cer of said Battalion, and all fines imposed by the Court so ordered 
shall be payable to the Paymaster and enure to the benefit of said 
Battalion. 

IV. The said Battalion shall be subject to all the laws and regu- 



OF SOUTH CAROLINA. 279 

liitions goveruiug the twenty-third Regiment of Infantry, and shall a. D. ir"i. 
conform to all the laws of this State in relation to the reception of ^"-"~v — ^ 
Volunteer Companies, and all other militia laws of force in this 
State or hereafter to be made of force, except as herein provided. 

V. That the Adjutant and Insi)ector General be, and he is hereby, Columbin Ar- 
authorized and empowered to inspect and receive either into the Vol- met Guiuis'"'" 
uuteer Battalion above provided for, or into the twenty-third Regi- 
ment of Infantry, two new Volunteer Companies, one to be called 
"the Columbia Artillery," and the other "the Emmet Guards," 
upon their conforming to the requisitions of the law in relation to 
the inspection of new Volunteer Companies. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and fifty-four, 
and in the seventy-ninth year of the sovereignty and inde- 
pendence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO EXTEND TO JuDGES AT CHAMBERS THE POWER No. 4178. 
OF APPOINTING COMMISSIONERS TO VALUE LAND REQUIRED 

FOR Railroads. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That from and after the passing of this Act, all the powers 
now vested in the courts of this State for the appointments of Com- 
missioners and all other proceedings, in the matter of the valuation 
of lands required for railroads shall be exercised by Judges at Cham- 
bers in as full and ample a manner as the same may now be done 
during the sitting of Courts : Provided, That nothing herein con- 
tained shall be construed to deprive any parties to the proceedings 
of the rights of appeal as they now exist by law. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and fifty-four, 
and in the seventj^-ninth year of the sovereignty and inde- 
pendence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT to Incorporate the Charleston Water Company, No. 4170. 
IN the City of Charleston, State op South Carolina. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That Joshua Lazarus, C. D. Carr, John Lucas, L. T. Potter, Corporators. 



280 STATUTES AT LARGE 

A. D. 1854. Lingard A. Frampton, W. C. Gatewood and John Heart, and their 

^"~~~v~~' associates and successors, shall be, and they are hereby, incorpo- 
rated and declared a body politic and corporate; shall have power 
to make, use, have 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 officers and members con- 
formably to such by-laws, and to sue and be sued, implead 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 
which are incident to other bodies incorporate. 

II. That said company shall have full power and authority to 

Power of the take, hold and convey water from any point from any river, creek, 
springs or other sources within sixty-five miles of the city of Charles- 
ton, into and through the said city, with the consent of the city of 
Charleston first had and obtained, and shall have full power and 
authority to make canals, build dams, erect locks, lay conduits or 
tunnels for the conveyance of the said water through, under and 
along any highway in the country adjacent, or any street or streets, 
lane or lanes, alley or alleys of the city of Charleston, for the pur- 
pose of conveying and distributing said water; and the canals, 
locks, dams, conduits or tunnels from time to time to renew and 
repair, and for such purpose to dig, break up, and open at their 
own expense all and any part of highways, streets, lanes and alleys, 
and of the middle or side pavements thereof, leaving at all times a 
sufficient passage for carriages, horses and foot passengers, and re- 
storing forthwith to their former condition all such highways, streets 
and alleys, and the pavements thereof, as may at any time be taken 
up, opened or dug; and the said company shall have full power and 
authority to erect such buildings, and to hold such real and per- 
sonal estate as may be requisite and proper to carry on the business 

Subsciiptioii. aforesaid. And the said corporation shall have full power to raise 
by subscription, in shares of twenty-five dollars each, a capital of five 
hundred thousand dollars, with the privilege of increasing the same 
to three millions of dollars, if so much be deemed proper, and the 
said corporation shall not go into operation, nor the rights, privi- 
leges and franchises hereby granted attach, until the sura of fifty 
thousand dollars shall have beeu actually paid in gold or silver 
coin, or the current notes of incorporated banks of this State, and 
an oath or affirmation thereof shall have been made by the Presi- 
dent, Treasurer and a majority of the Board of Directors of the 
said company, and recorded in the office of the Secretary of State, 
at Charleston, and shall have beeu published in at least two respec- 
table newspapers in the said city. And the said corporation may 
make, purchase or otherwise take and hold any land necessary for 
the establishment of their works, and also all private rights of way, 
water courses, or other easement which may be on or along the 
route through which such canals, dams, locks, tunnels or conduits 
shall pass, and may conduct such canals, dams, locks, tunnels or 
conduits 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 navigation of the stream. 
Lauds or private rights of way for canals, dams, locks, tunnels or 
conduits which cannot be purchased from the owner for want of 



OF SOUTH CAROLINA. 281 

A. I). 18.-4. 



Comiiiission- 
ers. 



agreement, or from any other cause, may be taken by the company 
at a valuation to be made by Commissioners appointed by the Court 
of Common Pleas of the District in which any part of the land or 
right of way may be situated. The Commissioners, before acting, 
shall be sworn before some Magistrate, faithfully and impartially 
to discharge the duty assigned them. Their proceedings, accompa- Return under 
nied with a full plat and description of the land, shall be returned ''^''' ' 
under their hands and seals, to the Court from which the commis- 
sion issued, there to remain of record. Either party may appeal Appeal. 
from this valuation at the next session of the Court granting the 
Commission, giving fifteen days' notice to the opposite party of such 
appeal; and the Court shall order a new valuation to be made by a 
jury, who shall be charged therewith in the same term, and the verdict 
shall be final and conclusive, unless a new trial be granted, and the 
land or right of way so valued by Commissioners or jury shall vest 
in the company in fee simple, so soon as the valuation be paid, or 
tendered and refused. The pendency of an appeal by either party 
from the valuation of the Commissioners shall not prevent the com- 
pany from proceeding in the construction of their works in and 
upon the land or right of way ; but if the appeal be made by the 
company, it can proceed only upon giving to the opposite party a 
bond with good security, to be approved by the Clerk of the Court 
where the valuation is returned in a penalty of double the said val- 
uation, conditioned on the payment of the valuation, and interest 
in case the valuation be sustained, and for the payment of the val- 
uation made by the jui-y 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, reference shall be had to the true value of the land at the 
time the construction was begun. The land covered t-y said works 
and the space of twenty-five feet on each side, shall be deemed in 
the actual possession of the company. A majority of the Commis- 
sioners shall be competent to perform the duties required of them 
in this Section. Nothing in this Act contained shall authorize the 
company to take or invade, without the consent of the owner, any 
dwelling house, yard, garden, graveyard or ornamental trees. In 
the absence of anj^ written contract between the company and the 
owner of the land through which the works have been constructed, 
it will be presumed that the laud required and occupied by the 
company, with twenty-five feet on each side, has been granted to 
the company by the owner, and the company shall have good right 
and title to it, and shall hold it, unless the owner or some one claim- 
ing under him shall apply for an assessment of the value of the 
land as before directed, within five years after the construction of 
the work on or through said laud ; if within that time no applica- 
tion be made for assessment by the owner or some one claiming 
under him, he or they shall be barred forever from recovering the 
same, or having any compensation ; but this limitation shall not 
affect the rights oi' feme coverts, infants or lunatics, until two years 
after the removal of their respective disabilities : Provided, never- Proviso. 
theless, That should the Commissioners aforesaid, or jury upon 
appeal as aforesaid, give any compensation in damages to the owner 
or owners of any land, or private rights of way taken and occupied 



282 STATUTES AT LARGE 

A. D. 1854. as aforesaid by Llie CharlestoQ Water Company, that said company 
''■""~v^^ shall be held liable for the costs of the proceedings; and should 
such owner or owners as aforesaid fail to recover any compensation 
as aforesaid from said company, that such owner or owners shall in 
like manner be liable for the costs of the proceedings, and either 
party may enforce by execution the collection of the costs afore- 
said. 

III. That the said company shall have full power and authority 
To establish to establish reservoirs and fountains in such parts of the streets and 

fountains. squares of the said city, with the consent of the City Council of 

•Charleston first had and obtained, or adjacent thereunto, or else- 
where to be connected with the works, as they may think proper, 
and to all persons whomsoever, and to all bodies politic and corpo- 
rate, the privilege of using the said water, to be introduced in such 
manner, and on such terms and conditions, and in quantities respec- 
tively as they shall think fit. And the said water so to be intro- 
duced, together with all reservoirs, canals, dams, locks, conduits, tun- 
nels, engines, buildings and machines, to be by them made and used 
for the purpose of introducing, raising and distributing the said 
water, to hold to them, their successors and grantees forever, as 
their sole and exclusive property. 

IV. That the said shares in the capital stock aforesaid of the said 
Shares, per- corporation shall be deemed personal estate, and be transferable 

proper y. ^^^y q^ j-j^g books of Said corporation. And no part of the said 
capital shall at any time, or under any pretence whatever, be loaned 
to or divided amongst the stockholders, until the liabilities of the 
said corporation have been lawfully paid, nor shall any dividend or 
dividends be at any time declared, except of the clear earnings and 
profits of the said company. 

V. That if the proprietor of any share shall neglect or refuse to 
Negiecttopay p^^y instalments assessed thereon, for the space of thirty days after 

instalments. ", •'. -i.^i i^imfi 

the time appointed for the payment thereof, the Ireasurer of the 
Company may, by order of the Board of Directors, sell by public 
auction, a sufficient number of any shares held by such defaulter 
to pay all instalments 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 previous to such sale 
in some newspaper in 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 thereupon be entitled to have 
the same transferred to him on the books of the company, and shall 
be liable for all future instalments on the stock he may purchase. 
YI. The said Joshua Lazarus, Charles D. Carr, John Lucas, L. 

Subscriptions. X. Potter, Lingard A. Frampton, W. C. Gatewood and John Heart 
may open books and take subscriptions for the capital stock of the 
said company, in such manner as they may deem expedient, and 
•whenever such subscription shall amount to the sum of one hundred 
thousand dollars, the stockholders having had two weeks' notice in 
writing or in one of the public newspapers of the city of Charles- 
Officers and ton, may meet and proceed to elect a President, Treasurer and 

Directors. Board of Directors, or such other officers as they may deem neces- 
sary for organizing the said c6rnpany, and conducting the affiiirs 



OF SOUTH CAROLINA. 



283 



Votes. 



Infringement 



Penalty. 



thereof. And tlie said Board of Directors shall continue in office ^- ^- i^'''- 
until their successors shall have been duly elected, and, until other- ^'■■" — r^-^ 
wise provided by the by-laws of the said corporation, shall have 
power to dispose of the residue of the capital stock of the said com- 
pany not subscribed for iu such manner, and at such time as they 
may deem fit. And at the said election of officers, and at all meet- 
ings of the said company, every stockholder shall be entitled to one 
vote for every share held by him. That the Directors shall submit 
to the stockholders annually, a written statement, under oath or 
affirmation of the Treasurer of the corporation, setting forth the 
amount of the capital stock paid in, and of the general assets of 
the said company. 

VII. That if any person or persons should wantonly, negligently 
or maliciously divert the water, or any part thereof, of any ponds, of privileges, 
streams, springs or water sources which shall be taken by said com- 
pany in pursuance of the provisions of this Act, or shall corrupt 
the same, or render it impure or offensive by mingling other sub- 
stances with it, or by washing or swimming in it, or by erecting any 
privy or other nuisance near it, or by any other means w^hatsoever, 
or shall injure or destroy any dam, lock, aqueduct, pipe, conduit, 
hydrant, machinery or other property held, owned, or used by the 
said company, by the authority and for the purposes of this Act, 
any such person or persons shall forfeit and pay to the said com- 
pany treble the amount of damages sustained by any such injury, 
to be recovered by action on the case. And any such person or 
persons shall moreover be deemed guilty of misdemeanor, and may 
on indictment and conviction thereof, be punished by fine not ex- 
ceeding five hundred dollars, and imprisonment not exceeding one 

year at the discretion of the Court. 

VIII. That any such action or complaint by the said company Trespass, 
against any person or persons whomsoever, on account of or 
grounded on a trespass or injury done to the said work, or any tun- 
nels, locks, dams, conduits, canals, water courses, pipes, hydrants, 
machinery or other property of the said company, or appertaining 

to the same, shall, in every instance, be held and deemed as transi- 
tory in its nature, and may be brought, sustained and tried in any 
Court in this State having jurisdiction in such like case; and 
nothing in this Act providing for the 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. 

IX. If the City Council of Charleston shall at any time, within Cit^ Council 
twenty years after the water works shall go into operation, desire ufay purchase" 
to purchase the same, they shall have the right to do so upon 

the following terms: That is, upon providing for the payment to 
the company, within such time as may be agreed on between the 
parties, of the amount actually paid in and expended, and such 
additional sum as will, when added to the actual receipts of the 
said company, over and above the actual annual expenditures, 
make up the sum of ten per cent, annually upon the capital stock 
actually paid in, and further a premium, graduated at the follow- 
ing rates, namely : If within five years a premium of twenty-five per 
cent, upon the amount of capital stock, as aforesaid, paid in and 



284 STATUTES AT LARGE 

A. D. 1854. expended by said company ; if after five years, and within six years, 

^■~v''""^ nineteen per cent. ; if after six years and witiiin seven, eighteen 

per cent. ; thus reducing the amount of premium to be paid by the 

said City Council of Charleston one per cent, for every year beyond 

five years that the said water works shall remain in the possession 

of the said water works company, so that, if not taken within the 

twentieth year, the premium to be paid shall be five per cent. 

X. That this Act shall continue in force for twenty-one years. 

This Act for and uo part of the capital stock, nor any of the funds of the corpo- 

years. ration, shall at any time during the continuance of this charter be 

used directly or indirectly, in banking operations, or for any other 

purpose whatever inconsistent with this Act: That this charter, and 

everything contained therein, shall cease and determine, unless the 

company shall have been duly organized, and shall have actually 

commenced the work within five years from this date. 

In the Senate House, the twenty-first day of December, in the year 
of our Lord one thousand eight hundred and fifty-four, and 
in the seventy-ninth year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4180. AN ACT to Classify the Lands in the Catawba Indian 
Boundary, situate in York and Lancaster Districts, and 

TO TAX them as OTHER LANDS IN SAID DISTRICTS, AND FOR 
OTHER PURPOSES. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 

Catawba lands, same, That from and after the passing of this Act, the lands situ- 
ated in York and Lancaster Districts, known as the Catawba In- 
dian Lands, shall be, and are hereby, declared subject to taxation 
according to the classification of lands in this State, as fixed by an 
Act entitled "An Act to fix the value of lands in this State for 
taxation, and for other purposes therein mentioned," passed the 
sixteenth day of December, in the year of our Lord one thousand 
Taxes. eight hundred and fifteen ; and it shall be the duty of the Tax 

Collector for the Districts of York and Lancaster, respectively, to 
collect the taxes on the said lands, at the same times and places, 
and in the same manner as the taxes on all other lands in said Dis- 
tricts are now collected. 

II. That the proprietors of the said Catawba Indian lands be, 
reieased"*^*^"^^ ^^^ they are hereby, released from the payment of any further sum 

or sums of money on account of advances made by the State to the 
said Catawba Indians, in execution of an agreement made by the 
State with the said Catawba Indians, and ratified by an Act enti- 
tled " An Act to carry into effect the late agreement between 
the Catawba Indians and the Commissioners on the part of the State, 
and for other purposes." 



OF SOUTH CAROLINA. 285 

III. That so much of all Acts and clauses of Acts as are repug- ^- D. 'iVA. 
nant to the provisions of this Act be, and the same are hereby, re 
pealed. 



Former Acts 
repealed. 



In the Senate House, the twenty-first day of December, in the year 
of our Lord one thousand eight hundred and fifty-four, and 
in the seventy-ninth year of the sovereignty and independ- 
ence of the United States of America. 

KOBT. F. ^V. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO RE-CHARTER THE BaNK OP GEORGETOWN, SoUTH No. 4181. 

Carolina. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 

same. That the Bank of Georgetown, South Carolina, be, and the Rc-chartere.l 
same hereby is, re-chartered for twenty-one years from and after y^ears!*^" y-one 
the expiration of its present charter. 

II. That the said bank shall have, hold and enjoy, for said term 
of twenty-one years, all the powers, privileges and immunities 
secured to it by its present charter, and be subjected to all of the 
limitations and i*estric'tions thereby imposed as far as the same may 
not be inconsistent with the provisions of this Act. 

III. That the said bank shall be liable to all of the provisions of Liable to Act 
the Act ratified on the eighteenth day of December, one thousand ber!'is40.'''^^"^' 
eight hundred and forty, entitled "An Act to provide against the 
suspension of specie payments by the banks of this State," and also 

to such regulations as the General Assembly shall at any time im- 
pose. 

IV. That the capital stock and other property of said bank shall Tax on capi- 
be liable to taxation in the same manner as the capital stock and 

property of individuals and other corporations: Provided, That no 
municipal corporation shall tax the capital stock or profits of said 
bank without authority first had and obtained from the General 
Assembly. 

V. That it shall not be lawful for said bank, except in settle- . To pay out 
ments with other banks, to pay or deliver out in payment or satis- 
faction of any demand upon it, or by way of loan or discount, any 

bill, note, check, or other paper of any other bank; and for each 
and every violation of this provision, the said bank shall be subject 
to a penalty of one hundred dollars, to be recovered by action of 
debt at the suit of the State, one-half to go to the use of the State, 
the other moiety to the informer. 

VI. That in case of the failure of said bank, each shareholder. Failure, 
copartnership and body politic having any share in said bank at the 

time of failure, or who have been interested therein at any time 
within twelve months previous to such failure, shall be liable and 
held bound individually for a sum not exceeding twice the amount 
of his or their share or shares. 



Proviso. 



286 STATUTES AT LARGE 

A. D. 1854. VII. That no officer of said bank shall be exempted as such from 

^■^'^'Y'^'^ militia duty, or from serving ou juries. 

ex?mprfrom V^- ^hat the said bank shall, from and after the first day of 

militia duty. February next, be subject to the provisions of the Act entitled "An 

Act to provide against the suspension of specie payments by the 

banks of this State," ratified ou the eighteenth day of December, 

one thousand eight hundred and forty; and if the said bank shall 

not, from and after the first day of February next, conform to the 

provisions of the said Act, then this Act shall be null and void, and 

of no more force and effect than if the same had not been passed. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and fifty-four, 
and in the seventy-ninth year of the sovereignty and inde- 
pendence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4182. AN ACT to Amend an Act entitled " An Act to Rechar- 
TER THE Merchants' Bank of South Carolina, at 
Cheraw." 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
Re-chartered same. That the Merchants' Bank of South Carolina, at Cheraw, 
Tears^'^"*^"°°^ shall, for twenty-one years from and after the first of January, 
eighteen hundred and fifty five, enjoy all of the rights, privileges 
and immunities, and be subject to all of the limitations and restric- 
tions prescribed by and in an Act entitled "An Act to recharter the 
Merchants' Bank of South Carolina, at Cheraw," ratified the twen- 
tieth day of December, in the year of our Lord, one thousand eight 
hundred and fifty- three. 

In the Senate House, the twenty first day of December, in the 
year of our Lord one thousand eight hundred and fifty-four, 
and in the seventy-ninth year of the sovereignty and inde- 
pendence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4183. AN ACT to Amend an Act entitled "An Act to Author- 
ize THE Formation of the Savannah River Valley 
Railroad Company, and to grant aid in the construc- 
tion OF THEIR Road." 

Be it enacted by the Senate and House of Representatives, now 
Act amended, met and sitting in General Assembly, and by the authority of the 



OF SOUTH CAKOLINA. 287 

same, That an Act entitled "An Act to authorise the formation of ^- ^- ^^'''• 
the Savannah River Valley Railroad Company," passed the six- ^-""v""^ 
teenth day of December, one thousand eight hundred and fifty-two, 
bu.aud the same is hereby, amended in the following particulars, to 
wit: 

I. That the name and style of the said company shall be changed Title. 
to the Savannah Valley Railroad Company. 

II. That the said company shall have power to construct a branch Branches, 
of their road from any point on the main trunk, in Abbeville Dis- 
trict, to Abbeville Court House, and also shall have j)ower to con- 
struct a branch of their road from a point on the main trunk, where 

the branch to Abbeville Court House commences, to some point on 
the Savannah River at or near Vienna, and for that purpose to 
accept and receive stock already subscribed, or hereafter to be sub- 
scribed, and to be paid on such terms as have already or may here- 
after be prescribed. 

III. That for the purpose of aiding in constructing the said Sa- Amounttobe 
vannah Valley Railroad from Hamburg to Anderson or its terminus, 

and the respective branches to Abbeville Court House, and to or 
near A^ienna, whenever satisfactory proof shall be produced to the 
Comptroller General that five hundred thousand dollars have been 
subscribed to the capital stock of the said Company by respon- 
sible persons or corporations, and that the Company has been duly 
organized, it shall be his duty, and he is hereby authorized and re- 
quired, to subscribe on the part of the State the sum of two hundred 
and fifty thousand dollars in shares belonging to the State in the 
Charlotte and South Carolina Railroad Company and Greenville 
and Columbia Railroad Company, at their par value. 

IV. Whenever satisfactory proof shall be produced to the Comp- .^.""JP'^J'^y" 
troller General that the sum of one hundred thousand dollars shall 

have been paid in by the stockholders and expended in the construc- 
tion of said road, the Comptroller General shall transfer and deliver 
to said company so much of the stock of the State in the Greenville 
and Columbia Railroad Company as shall amount, at its par value, 
to one hundred thousand dollars ; and when similar proof shall be 
produced to the Comptroller General that one hundred thousand dol- 
lars more shall have been paid in and expended as aforesaid, the 
Comptroller General shall transfer and deliver ninety-four thousand 
dollars more of said stock to said company; and in the same manner 
the remaining subscription of fifty-six thousand dollars in the stock 
of the Charlotte and South Carolina Railroad Company shall be 
paid to the said "Savannah Valley Railroad Company" when 
the said road shall be finished and in operation ; and the Comptrol- 
ler General, on making such transfers, shall take, in the name of the 
State, certificates from the said company for an amount of shares 
corresponding to the aforesaid subscription. 

V- The State shall in no way Avhatever be liable for the debts and No lability 
contracts of the said railroad company. by the State. 

VI. The State shall have the same rights in the company and its Annual re- 
manageraent as is reserved to private stockholders, and the General ^'"^ ' 
Assembly shall at any time have a right to examine into the condi- 
tion of the said company, and the company shall annually submit 
to the Legislature a report exhibiting its conditions and prospects. 



288 



STATUTES AT LARGE 



A. D. 1S54. 



State lien on 
the property. 



Condition. 



VII. In case any of the payments made by the State shall be in 
advance of the calls upon the private stockholders, the State 
shall have a lien upon the whole property of the company to secure 
the same to the State. 

VIII. An irrevocable condition is hereby imposed on said com- 
pany that it shall unite its road with the South Carolina Railroad 
at the town of Hamburgh or elsewhere, with a track of the same 
gauge, and on such terms as may be agreed on by the said compa- 
nies. 



In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and fifty-four, 
and in the seventy-ninth year of the sovereignty and inde- 
pendence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4184. AN ACT to iNcoRroRATE the Columbia and Charlotte Mag- 
netic Telegraph Company. 



Members of the 
the company 



Line of Tele 
graph. 



I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of 

same, That Samuel F. B. Morse, Samuel A. Kennedy, and 
Josiah H. Edwards, and such other persons as now are, or hereafter 
may be associated with them, including the subscribers in this State, 
Avho have acquired from the said Samuel F. B. Morse the right to 
construct and carry on the Electro-Magnetic Telegraph, by him in- 
vented and patented, through this State and other States on the route 
leading from Columbia, in the State of South Carolina, be, and they 
are hereby made and declared a body politic and corporate in law, 
for the purpose of constructing, erecting and maintaining a line of 
the said Telegraph on the route leading to Charlotte, in North Car- 
olina, through this State, and running through the towns of AViuns- 
boro and Chester, in the State of South Carolina, and of transmit- 
ting intelligence by means thereof, by the name of and style of the 
" Columbia and Charlotte Magnetic lelegraph Company." 

II. That the capital stock of the said company shall consist of 
Capital stock, t^rgjyg thousand one hundred dollars, in shares of fifty dollars each, 

to be issued to the stockholders of the above mentioned company or 
who may thereafter contribute funds for the construction and im- 
provement of the said line of telegraph, in such proportions as the 
said owners and subscribers may agree upon. 

III. That the said corporation shall have power and authority to 
build or purchase any connecting or side lines in this State, having 
acquired the right to do so from the owners of Morse's patent, and 
may enlarge its capital for that purpose. 

IV. That the President and Directors, Secretary and Treasurer, 
shall hold their respective ofiices for one year, and until their suc- 
cessors, respectively, shall be elected, and shall exercise such powers 
pertaining to the building and management of the said Telegraph, 



Power to pur 
chase. 



Officers. 



OF SOUTH CAROLINA. 289 

not repugnant to, or incompatible with, the Constitution and laws ^- ^- i^''*- 

of this State and the United States, as may be authorized by the ^— — v^^^ 
by-laws of the said Constitution. 

V. That at every election, each share shall entitle its holder to Votes. 
one vote; absent stockholders may vote by agents or proxies, pro- 
ducing written authority from them. 

VI. That the Columbia and Charlotte Telegraph Company Rights and 
hereby incorporated shall have power and authority to sue and be priviiegef'. 
sued, implead and be impleaded, answer and be answered unto, 

defend and be defended in any action, suit or proceeding whatever, 
in any court of law or of equity having competent jurisdiction ; 
to make and use a common seal, and the same to alter at pleasure ; 
to purchase and hold such real and personal estate as the lawful 
purposes of the said corporation may require, and the same to sell 
and convey, alien, or in anywise dispose of, in whole or in i)art, 
when no longer so required ; to appoint such officers and agents as 
may be necessary to manage the business of the said corporation, 
and allow them a suitable compensation therefor ; to make by-laws, 
not repugnant to the laws of the land ; and generally to use, exer- 
cise and enjo}'^ all rights, privileges and franchises which are incum- 
bent or appertain to incorporate bodies. 

VII. That the said corporation shall have power and authority 
to contract with any person or persons or bodies corporate, for 
the purpose of connecting its lines of Telegraph with lines out of 
this State. 

VIII. That the Columbia and Charlotte Telegraph Company 
shall have power and authority to set up their fixtures along and 
across any high road which now or may hereafter belong to this 
State, and any waters or courses of this State, without the same 
being held or deemed a public nuisance, or subject to be abated by 
any private person : Provided, The said fixtures be so placed as not 
to interfere with the common use of such roads, waters or water- 
courses, or with the convenience of any land owner further than is 
unavoidable; and the said corporation shall be responsible for any 
damages which any corporation or private person shall sustain by 
the erection, continuance and use of any such fixtures ; and in any 
action brought for the recovery thereof by the owner or occupier 
of any lands, the damages to be awarded may, at the discretion of 
the said corporation, include the damage of allowing the said fix- 
tures permanently to continue, on the payment of which damages 
the right of the corporation to continue such fixtures shall be con- 
firmed, as if granted by the parties to the suit : Provided, That no 
person or body politic shall be entitled to sue for or recover dama- 
ges as aforesaid, until the said corporation, after due notice, shall 
have refused or neglected to remove the fixtures complained of 
within a reasonable time ; and every person or persons who shall 
destroy or commit any trespass upon the fixtures of the said corj)o- 
ration, erected in pursuance of the authority hereby given, actually 
interrupting, or with intent to interrupt, the operations of the tele- 
graph of said corporation, shall pay the said corporation the sum of 
five hundred dollars for each and every such trespass^, aud shall be 
further liable for all damages which said corporation may suffer in 
repairing the injury, and in the interruption of its business, to be * 

VOL. XII — 19 



290 STATUTES AT LARGE 

A. D. 1854. recovered in an action of trespass ; and shall be further liable to 
^"""""Y^ "^ indictment, and on conviction be fined or imprisoned, or both, at 
the discretion of the court in which such indictment shall be tried ; 
and if any person incurring the penalty aforesaid shall, through 
insolvency or any other cause, be unable, or shall fail to 
pay the penalty and damages aforesaid, and shall a second time 
destroy or commit a trespass upon any such fixtures as aforesaid, such 
person shall be subject lo be imprisoned for not less than one month 
nor more than six months, upon being duly convicted thereof before 
any court of competent jurisdiction. 

IX. That the said corporation shall be bound, upon application 
Officers of ^-^ ^^J ^^ ^^^ officers of this State or of the United States, 

Stnte or U. S. acting in the event of any war, insurrection, riot or other civil com- 
eiice^In certain J^otion or resistance of public authority, or in the punishment or 
cases. prevention of crime, or the arrest of persons charged or suspected 

thereof, to give to the communications of such officers immediate 
dispatch ; and if any officer, clerk or operator of said corporation 
shall refuse or willingly omit to transmit such communications, or 
shall designedly alter or falsify the same for any purpose what- 
ever, he shall be subject, upon conviction thereof before any court 
of competent jurisdiction, to be fined and imprisoned according to 
the discretion of the court, and in proportion to the aggravation 
of the ofiense for transmitting such communications, the said 
corporation shall charge no higher price than shall be usually 
charged by it for private communications of the same length. 

X. That the clerks and operators actually engaged in the trans- 
empt^rom^mV mission of intelligence at the several telegraph stations of the said 
litia and jury company shall be, and they are hereby, exempt from the perform- 
ance of any jury, military or patrol duty. 

XI. That the service of the process of any court of this State 
shall be legal and valid on said body politic and corporate, if the 
same shall be left at the office of the company within any District 

Public Act. of this State: Provided, The President of the company is absent 
from and beyond the limits of the said District; and this Act shall 
be deemed a public Act, and that it shall continue of force for 
fourteen years, and no longer. 

In the Senate House, the twenty-first day of Decetnber, in the 
year of our Lord one thousand eight hundred and fifty-fuir, 
and in the seventy-ninth year of the sovereignty and inde- 
pendence of the United States of America. 

BOBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Ilepresentatives. 



No. 4185. AN ACT to Incorporate the Columbia Female College. 

I. Be it enacted by the Senate and House of Representatives, now 

met and sitting in General Assembly, and by the authority of the 

same. That Andrew Wallace, James S. Guignard, John Bryce, 

Trustees. j|^,bert Bryce, W. W. Walker, Thomas H. Wade, S. S. McCully, 

* Dr. Alexander N. Talley, Dr. John W. Parker, Dr. John H. Boat- 



OF SOUTH CAROLINA. 



291 



Wright, William Glaze, John Veal, W. B. Johnston, Dr. ^yhitefoo^d A. D. 1854. 

Smith, Nicholas Talley, William Martin, William Crook, William ' ^^-^ 

H. Fleming, Hilliard C. Parsons, John T. Wightman, Colin Miir- 
chison, John A. Porter, Claudius H. Pritchard, Dr. Joseph Cross, 
Samuel Leard and Dr. Robert J. Boyd, and their successors in 
otiice, be, and they are hereby, created and constituted a body 
politic and corporate, by the name and style of the Trustees of the 
Columbia Female College, for the purpose of organizing, establish- 
ing, governing and conducting a seminary of learning in the town 
of Columbia, in the State of South Carolina; and that the said 
body politic and corporate, by the said name of the Trustees of the 
Columbia Female College, shall be capable and liable in law and 
equity, to sue and be sued, to plead and be impleaded, to use a com- 
mon seal, and to make all such by-laws and rules as they may deem 
necessary and proper for the regulation, government and conduct of 
said seminary of learning: Provided, Said by-laws and rules be not 
repugnant to the Constitution and laws of this State, or of the 
United States. 

II. That the said Board of Trustees are and shall be authorized 

to appoint such officers as they may thiuk necessary and proper for Officers, 
the organization and government of their own body, and also all 
the officers, professors, tutors and instructors of and in said col- 
lege, and to remove the same at pleasure, and to exercise such gene- 
ral control and supervision over the officers, instructors, affairs and 
government of said college as they may deem advisable. 

III. That the said Trustees and their successors shall have and 
hold 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. And the said Trustees shall make an annual re- 
port to the South Carolina Annual Conference of all moneys 
received and expended by them for and during the term of the pre- 
ceding fiscal year. 

IV. That the said Trustees shall be appointed or chosen for the 
term of two years by the South Carolina Annual Conference, now appoint Trus- 
being part of the Methodist Episcopal Church, South, and until a 
new election shall be made at the next regular meeting of said Con- 
ference, and said Annual Conference shall iiave power and authority 
to fill all vacancies in said Board of Trustees which shall occur or 
be occasioned by death, resignation or otherwise: Provided, That 
said Board of Trustees may fill any vacancy occurring by death or 
otherwise; which appointment so made shall continue of force until 
an appointment or election shall be made to fill such vacancy by 
the said South Carolina Annual Conference at a regular meeting 
thereof 

In the Senate House, the twenty-first day of December, in the year 
of our Lord one thousand eight hundred and fifty-four, and 
in the seventy-ninth year of the sovereignty and independ- 
ence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



Powers. 



Conference to 



292 



STATUTES AT LARGE 



A. D. 1854. AX ACT TO Incorporate the Elmwood Cemetery Company. 



Proviso. 



No. 4186. I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That Andrew Wallace, Juo. A. Crawford, J. B. Davis, Juo. 

Members of Eisher, T. W. Radcllffe, M. La horde, C. A. Bedell, W. Hampton, 
the company, jr.^ g, Bknding, C. NeufFer, AY. W. Walker, J. W. Parker, J. V. 
Lyles, Wm. Glaze, Jas. S. Scott, Wm. Reynolds, Wm. Wallace, 
H. P. Dougal, H. Davis, R. Bryce and John Bauskett, and their 
associates and successors, be, and they are hereby, made a body 
politic and corporate in law, under the name and style of the Elm- 
wood Cemetery Company ; and by that name shall be able and 
capable in law to have and use a common seal, to sue and be sued, 
to plead and be impleaded, in any court of law or equity, with the 

Powers. other powers usually incident to corporations; and shall have power 
to purchase, have, hold and enjoy to them and their successors, all 
that tract of laud known asTickleberry Farm, in the neighborhood 
of the town of Columbia, comprising two hundred and fifty acres, 
or so much thereof as they may deem necessary and most appro- 
priate for the purposes of a cemetery, with power to dispose of the 
remainder should they purchase the whole: Provided, hoivever, That 
the portion selected for a cemetery shall be used exclusively as a 
place of burial for the dead, and that a plat thereof shall be re- 
corded in the office of the Register of Mesne Conveyances for Rich- 
land District, within sixty days after the passing of this Act. 

II. That the persons named above shall be the first Board of 
Directors. Directors of the said Elmwood Cemetery Company, and shall have 

power to lay out and ornament the grounds, to dispose of and 
arrange burial lots, and to make such by-laws, rules and regulations 
relative to the election of Directors and their successors, and the 
appointment of suitable officers and agents, and also such rules and 
regulations for the government of lot holders and visitors to the 
cemetery, and for the management of the affairs of the company 
generally, as from time to time they may deem necessary. That 
the said Elmwood Cemetery Company shall be able and capable in 
law to sell and dispose of the above mentioned land for burial lots, 
and also to have and hold so much personal estate, and no more, as 
may be necessary for the purposes of this incorporation : Provided, 
That the said land, selected for a cemetery, shall never be granted 
ria?°^^ ^^""^ ^"" but for burial lots; and that the lots so granted shall be held by 
the proprietors for the purposes of sepulture alone. 

III. That no streets or roads shall hereafter be opened through 
the land so appropriated, except by and with the consent of this 
corporation. 

IV. That any person who shall wilfully destroy, mutilate, deface, 
injure or remove any tomb, monument, grave stone or other struc- 
ture placed in the cemetery aforesaid, or any fence, railing or other 
works for the protection or ornament of any tomb, monument, grave 
stone or other structure aforesaid, shall be deemed guilty of a mis- 
demeanor, and shall, on conviction thereof before any Court of 
General Sessions, be punished by a fine, at the discretion of the pre- 
siding Justice, according to the aggravation of the offence, of not 
less than five nor more than fifty dollars. 



Protection. 



OF SOUTH CAROLINA. 



293 



V. That the members of said corporation shall be jointly ami A. D. I8.>i. 
severally liable for all debts and contracts made by the said corpo- '^-^n.-— ' 
ration during the period of their membership. dcbt'-''"'''^ ^'"^ 

VI. That the said cemetery grounds shall be exempt from taxa- Kxi-nipt, from 
tion, and also from levy and sale under execution. t;i.\e.,. 

In the Senate House, the twenty-first day of December, in the year 
of our Lord one thousand eight hundred and fifty-four, and 
in the seventy-ninth year of the sovereignty and indepen- 
dence of the United States of America. 

ROBT. F. W. ALLSTON, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



Name. 



AN ACT TO Alter and Amend the Charter of the Town No. 4187. 
OF Columbia, and for other purposes. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 

same. That from and immediately after the first Monday in April Corporators, 
next, all and every person or persons whatsoever, who are constitu- 
tionally qualified to vote for members of the Legislature of this 
State, and who may have resided within the present corporate limits 
of the town of Columbia for one year, and their successors, are 
hereby declared to be members of the corporation hereby intended 
to be created. 

II. That the said persons and their successors shall, from and 
after the first Monday in April next, become a body politic and cor- 
porate, and shall be known and called by the name of "The City 
of Columbia;" shall have a common seal, may sue and be sued, im- 
plead and be impleaded, in any court of law or equity in this State, 
and may purchase, hold, possess and enjoy to them and their suc- 
cessors in perj)etuity, or for any term of years, any estate, real, per- 
sonal or mixed. 

III. That the municipal powers of the said city shall be, and are 
hereby, vested in a Mayor and six Aldermen, to be chosen as here- 
inafter mentioned and directed, who shall be denominated the Mayor 
and Aldermen of the city of Columbia. 

IV. That on the first Monday in April next, and on the first 
Monday in April of every succeeding year, an election for !Mayor 
and Aldermen shall be held at some convenient place within each 
of the wards, as now laid out and designated in the present town of 
Columbia, or as they may be hereafter designated and laid out, by 
the Mayor and Aldermen of the said city of Columbia, at which 
elections all such persons as have been hereinbefore declared mem- 
bers of the said corporation shall be entitled to vote by general bal- 
lot: Provided, That no person shall be allowed to vote at any such 
election (except the first) who shall not have registered his name as 
a voter with the City Clerk in a book or books to be kept by him 
for that purpose, at least thirty days before every such election : 
And provided, That the present Intendant and Wardens of the 



Jlayor and 
Aldermen. 



Election. 



Qualification. 



294 



STATUTES AT LARGE 



A. D. 1854. 



Time of elcc 
tion. 



fice, 



Quorum. 



town of Columbia shall have the right and power to fix the places 
within said wards, and to nominate the Managers for holding the 
said election on the first Monday in April next, and the Mayor and 
Aldermen of the said city of Columbia shall designate the places 
and managers of all subsequent elections to be held under this Sec- 
tion of this Act: And j)rovided, further, That two of the Aldermen 
so to be elected shall reside in each of said Wards. 

V. That the Mayor and Aldermen to be elected as above directed 
shall, before they enter upon the duties of their office, take the fol- 

Oath of of- lowiag oath, to wit : " I, A B, (Mayor or Alderman of the city of 
Columbia,) do solemnly swear (or affirm, as the case may be) that 1 
will equally and impartially, to the best of my skill and judgment, 
exercise and discharge the trust reposed in me, and will endeavor 
to carry into effect the purposes for which I have been appointed, 
so help me God." And that the said Mayor and any four or more 
of the Aldermen shall constitute a quorum to do the business of the 
Board ; and in case of the death, resignation or removal from town 
of the Mayor aforesaid, the said Aldermen or a majority of them, 
shall elect from among themselves a Mayor to fill such vacancy 
occasioned as aforesaid ; and that in case of the death, removal from 
office, or resignation of any of the said Aldermen, then and in such 
case the Mayor and any two or more of the said Aldermen shall 
appoint a time and place for electing another Alderman to fill the 
vacancy so occasioned, after having given ten days' previous notice 
of such election ; and at such election no person shall be allowed to 
vote who shall not have registered his name as above provided, pre- 
vious to the last regular annual election for Mayor and Aldermen 
preceding the election to fill such vacancy. 

VI. That the Mayor may, as often as occasion may require, sum- 
mon the Aldermen to meet together, and the said Mayor and Alder- 
men shall have and they are hereby vested with full and ample 
power, from time to time, under their common seal, to make all such 
ordinances, rules and regulations relative to the streets and markets 
of the said city, as they may think proper and necessary, and estab- 
lish such by-laws as may tend to preserve the quiet, peace, safety 
and good order of the inhabitants thereof And that they may fine 
and impose fines and penalties for the violations thereof, which may 
be recovered in a summary way before the said Mayor and Alder- 
men, as is hereinafter provided, who, and each and every one of 
whom, shall be Magistrates, ex officio, within the limits of the said 
city, and shall otherwise be vested with all power and authority that 
Magistrates are vested with throughout the State : Provided, n ever- 
theless, That all such ordinances, by laws, rules and regulations so 
made be duly promulgated, and that no such fine in any one case, 
and for any single offense, exceed the sum of fifty dollars. 

VIJ. That when any fine imposed by the said Mayor and Alder- 
men, by virtue of this Act, shall exceed twenty dollars, the same 
maybe recovered in the Circuit Court of Richland District; and 
when such fines shall be for twenty dollars or under, they may be 
recovered before the said Mayor and Aldermen, or any three of 
them ; all which fines, when recovered, shall be applied to the use 
of said city. 
- VIII. That the Mayor and Aldermen of the said city, in addition 



Meetings. 



Fines. 



OF SOUTH CAROLINA. 295 



Ta.\.-. 



to all such fines and penalties as may be incurred and recovered, and ^- ^- !'*'''■ 
the tax on iall licenses for taverns, for sales at auction, public shows 
and entertainments, and for retailing spirituous liquors within tiie 
said city (all of which the said Mayor and Aldermen, or a majority 
of them, shall have a right to grant in the same manner as they 
have heretofore been granted by the Town Council of Columbia, or 
as may be hereafter prescribed,) shall annually, within ten days 
after entering on the duties of their office, appoint some fit and 
proper person as an assessor of real estate, who, after taking the 
following oath, to be administered by the Mayor or any one of the 
said Aldermen, to wit: " I, A B, do swear, (or affirm, as the case 
may be,) that I will well and truly, to the best of my judgment and 
knowledge, fairly and impartially assess and value the real taxable 
property within the city of Columbia, and make returns, as well of 
such property as also the several proprietors and occupants thereof, 
to the Mayor and Aldermen of the city of Columbia, so help me 
God ;" shall proceed to assess and value all the real taxable pro- 
perty within the city of Columbia, and shall, within one month 
after his appointment, make a full and true return of all property 
so assessed by him, together with a list of the proprietors and occu- 
pants of the same, to the said Mayor and Aldermen, whose duty it 
shall be to lay on the same sufficient to discharge and defray all 
expenses of carr