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

Note: 



This edition of Volume 13 of the Statutes at Large 
of South Carolina was published in 1875. In this 
edition, acts passed during the 1866 special 
session (September 4-21, 1866) are numbered 
*4766-*4798 and are on pages 366^ through 366^. 
Acts passed during the 1866 regular session (November 
26-December 21, 1866) begin agains with number 
4766, continue through 4872, and begin at page 367. 

There was, however, an earlier edition of Volume 
13, evidently published shortly after the regular 
session of 1866. In that edition, acts passed 
during the special session are numbered 4776-4798. 
Acts passed during the regular session are numbered 
4799-4895. 



Digitized by the Internet Archive 

in 2010 with funding from 

Lyrasis IVIembers and Sloan Foundation 



http://www.archive.org/details/statutesatlargeo13repu 



THE 

STATUTES AT LARGE 



OF 



SOUTH CAROLINA. 



V^olume XIII, 



CONTAINING THE 



Acts from December, 1861, to December, 186S. 



ARRANGED CHRONOLOGICALLY. 



PUBLISHED UNDER AUTHORITY OF THE LEGISLATURE. 



COLUMBIA, S. C: 

EEPPvINTED BY REPUBLICAN PRINTING COMPANY, STATE PRINTERS. 

1875. 



LIST OF A^CTS. 



Ads of 1861. 

PAGE 

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

thousand eight hundred and sixty-one 1 

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

one thousand eight hundred and sixty-one '. 4 

An Act to amend and suspend certain portions of the Militia and 

Patrol Laws of this State 9 

An Act to afford aid to the families of soldiers 13 

An Act to provide more efficient police regulations for the Districts 

on the sea-board 14 

An Act to extend relief to debtors, and to prevent the sacrifice of 

property at public sales 1Q 

An Act to euable volunteers in the military service to exercise the 

right of suffrage 17 

An Act to authorize the City Council of Charleston to issue and put 

in circulation notes receivable in taxes or dues to the city 19 

An Act to amend an Act entitled " An Act to provide a patrol and 
military guard for the city of Charleston, and for other pur- 
poses " 19 

An Act to provide for the payment by the State of the war tax of 
the Confederate States, and for the collection of the same from 
the tax-payers in this State 20 

An Act to authorize the issue of stock to the amount of one million 
eight hundred thousand dollars, for the military defense of the 
State, and for other purposes 22 

An Act for rebuilding the city of Charleston, after the recent con- 
flagration 24 

An Act to incorporate the Insurance and Trust Company of Charles- 
ton, and the Calhoun Insurance Company 30 

An Act in reference to the suspension of specie payments by the 

banks of this State, and for other purposes 36 

An Act to incorporate the Treuholm Mutual Insurance Company... 38 

An Act to charter a Cotton Planters' Loan Association 39 

An Act to incorporate the Mutual Fire Insurance Company of 

Columbia 42 

An Act to grant exemption to certain free persons of color who 

shall return to this State from penalties now provided by law.. 46 

An Act to incorporate the Carolina Insurance Company 46 

An Act to amend an Act entitled " An Act to aid in the construc- 
tion of the Georgetown Railroad " 50 

An Act to incorporate the Palmetto Lyceum of Charleston 51 

An Act to incorporate the Southern Express Company 52 



IV LIST OF ACTS. 

PAGE 

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

and amend certain charters heretofore granted 55 

An Act to regulate the reports of the railroad companies, and for 

other purposes 57 

An Act to authorize the formation of a volunteer company of light 
artillery, and to incorporate the same, by the name of the 
"Waccaraaw Light Artillery" 59 

An Act to aid in the construction of the Barnwell Railroad 60 

An Act to incorporate certain societies, associations and companies, 
and to renew and amend the charters of others, and for other 
purposes 61 

An Act to amend an Act entitled " An Act creating a military estab- 

ment fur the State of South Carolina, and for other purposes "... 63 

An Act to amend the charter of the Union Light Infantry Charita- 
ble Society and Company 65 

An Act to incorporate the Florence and Fayetteville Railroad Com- 
pany 66 

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 67 

An Act to authorize certain building and loan associations to sus- 
pend the call for monthly instalments .' 68 

An Act to encourage the manufacture of salt within this State 69 

An Act to amend an Act entitled " An Act to incorporate the 
Cheraw and Coal Fields Railroad Company in South Carolina," 
ratified on the 21st day of December, A. D. 1857, and for other 
purposes 70 

An Act to incorporate the York Gas Light Company 70 

An Act to amend an Act entitled " An Act to raise supplies fir the 
year commencing in October, one thousand eight hundred and. 
sixty," and for other purposes 72 

An Act to regulate elections of members of the Legislature and 

others, within the Parishes of St. Philip and St. ^Michael 73 

An Act to suspend the ninth Section of an Act entitled " An Act to 
raise supplies for the year one thousand eight hundred and 
twenty-three," and for other purposes 74 

An Act to authorize the Board of Trustees and Facuhy of the 
Medical College of South Carolina to apply certain funds to the 
payment of debt, and for other purposes 74 

An Act to require the Circuit Judges to send, with their reports to 

the A})peal Court, the notes of evidence taken on the trial 75 

An Act to alter and amend the second Section of an Act entitled 
"An Act to alter and amend the law in relation to fish sluices 
on the Catawba and Wateree Rivers, and for other purposes ".. 75 

An Act to alter tlie time of holding the election for Ordinary of 

Anderson District 76 

An Act to confer the rights of legitimacy on a certain child of Mary 

Mullinax 76 

An Act to authorize trustees to invest funds in bonds of the Con- 
federate States • 76 

An Act to amend the law as to the election of officers of the South 

Carolina Colle<re 'i'' 



LIST OF ACTS. v 

Acts of 1862-3. 

PAGE 

Au Act to raise supplies for the year commencing in October^ one 

thousand eight hundred and sixty-two 77 

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

one thousand eight hundred and sixty-two 80 

Au Act for the better organization of the militia, aud for other pur- 



poses. 



87 



An Act to organize aud supply negro labor for coast defense, in 
compliance with requisitions of the government of the Confed- 
erate States 9'-2 

An Act to amend au Act entitled "Au Act to organize and supply 
negro labor for coast defense, in compliance with requisitions 
of the government of the Confederate States," and to authorize 
and direct the Governor to proceed to furnish negro labor 
under said Act 95 

An Act to amend an Act entitled "An Act to amend an Act entitled 
'An Act to organize and supply negro labor for coast defense, 
in compliance with requisitions of the government of the Con- 
federate States,' " and for other purposes 90 

Au Act to suppress the distilhitiou of spirituous liquors from the 

cereal grains of this State 97 

An Act to suppress the distillation of spirituous li(juors in this State, 98 

An Act to i^revent and punish the planting and cultivating in this 

State over a certain quantity of cotton during the present } ear, 100 

An Act to amend an Act entitled "An Act to prevent and punish 
the planting and cultivating in this State over a certain quan- 
tity of cotton during the present year" 101 

An Act to provide against dearths of salt 102 

An Act to incorporate certain religious and charitable societies, and 

to renew and amend the charters of others heretofore granted.. 104 

An Act to provide for the payment by the State of such war tax as 
may be imposed by the Congress of the Confederate States 
during the year one thousand eight hundred and sixty three, and 
lor the collection of the same from the tax-payers in this State, 106 

An Act to amend an Act entitled "Au Act to provide for the pay- 
ment by the State of the war tax of the Confederate States, and 
for the collection of the same from the tax-payers in this State," 109 

An Act to repeal au Act entitled "An Act to provide for the pay- 
ment by the State of such war tax as may be imposed by the 
Congress of the Confederate States during the year one thou- 
sand eight hundred and sixty-three, and for the collection of 
the same from the tax-payers in this State" Ill 

An Act to authorize and empower certain regiments to elect their 

field officers Ill 

An Act to enable citizens of the State who are engaged in military 

service to exercise the rights of suffrage 112 

An Act to establish and re-charter certain roads, bridges and ferries, 

and for other purposes 11-t 

An Act to incorporate the Edisto and Ashley Canal Compauy 115 

An Act to make appropriation in aid of the families of soldiers, and 
to repeal an Act entitled "An Act to afford aid to the families 
of soldiers," ratified on the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one 119 



VI LIST OF ACTS. 

PAGE 

An Act to amend an Act entitled "An Act to make appropriation 
in Sjid of the families of soldiers, and to repeal an Act entitled 
'An Act to affjrd aid to the families of soldiers,' " ratified on 
the twenty-first day of Decenaber, in the year of our Lord one 
thousand eight hundred and sixty-one 121 

An Act to refund to the Soldiers' Board of Relief for Barnwell and 
Laurens Districts, and for St. Matthew's and Christ Church 
Parishes, moneys advanced and expended by them, as Boards 
of Relief, out of their private funds 122 

An Act to provide for a guaranty by the State of the bonds of the 

Confederate States 123 

An Act to provide for a guaranty by the State of the bonds of the 

Confederate States 124 

An Act to prohibit extortion and punish extortioners 124 

An Act to enforce any proclamation of the Governor prohibiting the 

exportation of provisions / 1'2Q 

An Act to punish purchasing under assumed authority 127 

An Act to abolish the Executive Council established by the 
Ordinance of the Convention entitled " An Ordinance for 
strengthening the Executive Department during the exigencies 
of the present war" 128 

An Act to declare the law in relation to the proceedings of the 

Executive Council 128 

An Act for the appointment of Commissioners of the Poor for 

Laurens District 129 

An Act to continue in force an Act entitled " An Act to extend 
relief to debtors, and to prevent the sacrifice of property at 
public sales" 129 

An Act to provide for the appointment of Commissioners of the 

Poor for Darlington District and for Chesterfisld District 130 

An Act to authorize the Bank of the State to increase its issue of 

small bills s 130 

An Act to incorporate, with uniform rights, powers and privileges, 

Protestant Episcopal Congregations in South Carolina 131 

An Act to renew and amend the charter of the Swedish Iron 
Manufacturing Company of South Carolina, and to change the 
name thereof 132 

An Act to vest in the Confederate Government a part of the 
, Columbia Canal for the term of twelve years 133 

An Act to incorj)orate the Carolina Cotton and Woolen Factory.... 134 

An Act to grant the aid of the State to the Cheraw and Coal 

Fields Railroad Company 136 

An Act to charter the Shelby and Broad River Railroad Company.. 137 

An Act to incorporate the Wando, Wambaw and Winyah Canal 

Company 138 

An Act to charter the Palmetto Exporting and Importing Company, 140 

An Act to incorporate the Importing and Exporting Company of 

South Carolina 141 

An Act to charter the Atlantic Steam Packet Company uf the 

Confederate States • 142 

An Act to authorize the issue of stock for the purpose of con- 
tinuing the construction of the New State House 144 



LIST OF ACTS. vii 

PAGE 

An Act to increase the fees of Sheriffs for dieting persons confined 

in jail 144 

An Act to confer the rights of legitirnacy on Mary E. Daniel 145 

An Act to amend an Act entitled " An Act to authorize the City 
Council of Charleston to issue and put in circulation notes 
receivable in taxes or dues to the city," ratified the twenty-first 
day of December, in the year of our Lord one thousand eight 
hundred and sixty-one 145 

An Act to extend some of the provisions of an Act entitled " An 
Act in reference to the suspension of specie payments by the 
banks of this State, and for other purposes," to the first day of 
January, in the year of our Lord one thousand eight hundred 
and sixty-four .- 146 

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

in Rose Ann Carnighan... 146 

An Act to authorize the banks of this State to purchase Confederate 

and State securities 147 

An Act to enable the Charleston Savings Institution to purchase 

and hold real property 147 

An Act to continue of force an Act entitled " An Act to authorize 
certain building and loan associations to suspend the call for 
monthly instalments " 147 

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

Carolina. 148 



Acts of 1863. 

An Act to provide for volunteer companies of mounted infantry, 

and for other purposes 148 

An Act to provide for the election of members of the Congress of ' 
the Confederate States of America from this State 150 

An Act to amend an Act entitled " An Act to amend an Act to 
organize and supply negro labor for coast defence, in compli- 
ance with requisitions of the Government of the Confederate 
States, and to authorize and direct the Governor to proceed to 
furnish negro labor under said Act" 151 

An Act to prevent desertion from Confederate or State military 

service, and evasion of conscription.. 153 

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

thousand eight hundred and sixty-three 154 

An Act to make Appropriations for the year commencing in Octo- 
ber, one thousand eight hundred and sixty-three 157 

An Act to dechire and amend the exemption law of this State, 

and for other purposes 162 

An Act to extend an Act entitled " An Act to extend some of the 
provisions of an Act entitled ' An Act in reference to the sus- 
pension of specie payments by the Banks of this State, and for 
other purposes,' " to the first day of January, in the year of our 
Lord one thousand eight hundred and sixty-four 164 

An Act to make provision for the support of the families of sol- 
diers frum this State in the Confederate and State service 164 



VIII LIST OF ACTS. 

PAGE 

An Act to procure supplies aurl furnish the implements of agricul- 
tural and manufacturing industry for the soldiers and people 
of the State, by a union of the State with the Importing and 
Ex[)orting Company of South Carolina 167 

An Act to amend the Act in relation to tlie supply of labor for the 
military defence of the State, passed in September, in the year 
of our Lord one thousand eight hundred and sixty-three 108 

An Act to amend an Act entitled "An Act to suppress the distilla- 
tion of spirituous liquors in this State" 169 

An Act to continue in f)rce an Act entitled " An Act to e.^tend re- 
lief to debtors, and to prevent the sacritice of property at 
public sales " 170 

An Act to continue in force the laws heretofore enacted in relation 

to the cultivation of cotton 171 

An Act to amend and renew the charter of the Columbia and Ham- 
burg Railroad Company, to change the name thereof, and to 
produce conformity in the charters granted to said Company 
by the States of George and South Carolina 171 

An Act to amend the law in relation to the general staff. 178 

An Act to grant the aid of the State to the Shelby and Broad 

River Raiiroad Corcpauy 179 

An Act to establish certain roads, feridges and ferries 181 

An Act to incorporate the Chicora Importing and Exporting Com- 
pany of South Carolina 182 

An Act in relation to the Southern Express Company, and to pro- 
vide additional remedies for the default of common carriers 183 

An Act to amend an Act entitled " An Act to increase the fees of 

Sheriffs for dieting persons confined in Jail " 184 

An Act to refund to the Soldiers' Board of Relief for Marlboro' 

District iiiouey advanced by them 18o 

An Act to extend an Act entitled " An Act to continue in force 
an Act entitled 'An Act to authorize certain building and 
loan associations to suspend the call for monthly instal- 
ments,' " during the present war 185 

An Act to authorize the Tax Collectors of Beaufort District to pay 
over to the "Soldiers' Boanls of Relief" certain funds in their 
hands 186 

An Act to alter the law in relation to the election of District officers, 186 

An Act to alter and amend the charter of the Cheraw and Darling- 
ton Railroad Company 187 

An Act to incorporate the Charleston Importing and Exporting 

Company 187 

An Act to incorporate the Consolidated Steamship Company of 

Charleston 1 88 

An Act to incorporate certain religious and charitable societies, 
and to renew and amend the charters of others heretof)re 
granted 189 

An Act to amend an Act entitled " An Act to charter tiie Shelby 

and Broad River Railroad" 191 

An Act to incorporate the Batesville Manufacturing Company 192 

An Act to incorporate the Southern Importing and Exporting Com- 
pany 193 



LIST OF ACTS. ix 

PAGE 

Au Act to amend the charter of the Edisto and Ashley Caual 

Connpany 194 

An Act to combine the offices of Clerk of the Court of Common 
Pleas and General Sessions and Register of Mesne Conveyances, 
for Georgetown District 194 

An Act to amend the charter of the Carolina Cotton and Woolen 

Factory 195 

An Act to authorize the Clerk of the Court for Marlborough Dis- 
trict to draw juries for the next term of the Court during va- 
cation 195 

Ads of 1864. 

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

thousand eight hundred and bixty-four 195 

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

one thousand eight hundred and sixty-four 199 

An Act to provide lor, the relief of the families of soldiers, sailors 
and marines in the\ service of this State or the Confederate 

States 205 

An Act to repeal all Acts and parts of Acts heretofore passed by 
the Legislature of this State on the subject of furnishing slave 
labor on the coast and fortifications within this State, and other- 
wise to provide for furnishing such labor 211 

An Act to procure supplies and furnish the implements of agricul- 
tural and manufacturing industry for the soldiers and people 
of the State of South Carolina, by the purchase of a ship or 

ships, and the importation and exportation of cargoes 215 

An Act to authorize the Governor to require the exemption of cer- 
tain State offici-rs and other persons from Confederate service... 216' 

An Act to alter and amend the militia laws of this State 217 

An Act to alter an Act entitled " An Act to amend an Act entitled 
' An Ace to prevent and punish the planting and cultivating in 
this State over a certain quantity of cotton during the present 

year'" 21S 

An Act to incorporate certain religious and charitable societies, and 
to renew and amend the charters of certain towns, villages and 

other societies, heretofore granted, and for other purposes 219 

An Act to establish certain roads and charter certain ferries 221 

An Act to establish the Franco-Carolina Bank 222 

An Act to incorporate the Bath Mills Company 225 

An Act to extend and alter the charter of "The Cotton Planters' 
Loan Association of the Fifth Congressional District of South 

Carolina'" 226 

An Act to incorporate the Foot Point Land Company 227 

An Act to incorporate the Columbia and Greenville Telegraph 

Company 228 

An Act to incorporate Kalmia Mills 229 

An Act to extend and amend an Act entitled " An Act to authorize 
the City Council of Charleston to issue and put in circulation 
notes receivable in taxes or dues to the city." 229 



X LIST OF ACTS. 

PAGE 

An Act to provide for the appointment of Commissioners of the 
Poor for the Parishes of St. James, Santee, St. Stephen and St. 
James, Goose Creek 230 

An Act to provide for the appointment of Commissioners of the 

Poor for Lancaster District 230 

An Act to appoint Commissioners of the Poor for Darlington, Horry 

and Richhand Districts 231 

An Act to provide for the appointment of Commissioners of the 

Poor in certain cases 231 

An Act to extend the time of filing official bonds in certain cases.... 232 

An Act to repeal so much of the Act to establish a separate Court 
of Appeals as requires tlie Judges to be chosen from among cer- 
tain persons therein described 232 

An Act to provide for holding the Courts of Equity by two Chan- 
cellors for the year one thousand eight hundred and sixty-five.. 233 

An Act to define the rights and liabilities of raili-oad companies and 

other common carriers.., 233 

An Act to continue in force an Act entitled " An Act to extend re- 
lief to debtors, and to prevent the sacrifice of property at public 
sales" 234 

An Act to repeal the second Section of an Act entitled " An Act to 
extend an Act entitled ' An Act to extend some of the provis- 
ions of an Act entitled ' An Act in reference to the suspension of 
specie payments by the Banks of this State, and for other pur- 
poses,' to the first day of January, in the year of our Lord one 
thousand eight hundred and sixty-four' " 235 

An Act to vest the right and title of the State in certain property 
liable to escheat in Elizabeth Myers, Ellen Myers and Catha- 
ri u e INIy ers 235 

An Act to amend an Act entitled " An Act to regulate the printing 
and distribution of the Acts and Resolutions of the General 
Assembly of this State, and for other purposes " 236 

Acts of 1865. 

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

thousand eight hundred and sixty-five 236 

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

one thousand eight hundred and sixty-five 240 

An Act preliminary to the legislation induced by the emancipation 

of slaves 245 

An Act to amend the criminal law 246 

An Act to establish District Courts 254 

An Act to establish and regulate the domestic relations of persons of 
color, and to amend the law in relation to paupers and va- 
grancy 269 

An Act to amend the law known as the "Stay Law" 285 

An Act to provide for the issue of Bills Receivable in payment of 
indebtedness to the State to the amount of five hundred thou- 
sand dollars 286 

An Act to amend the charter of the Greenville and Columbia Rail- 
road Company 287 



LIST OF ACTS. xi 

PAGE 

An Act to incorporate the village of Kirkwood 287 

An Act to declare certain streams not navigable 288 

An Act to amend the License Law 288. 

An Act to authorize farmers and planters to give their books in evi- 
dence in certain cases 289 

An Aet to establish regulations for the purpose of preventing the 

spread of Asiatic cholera in this State 289 

An Act to incorporate the Rose Mill Mauufacturing Company 289 

An Act to postpone the lien of the State on the Greenville and Co- 
lumbia Railroad 291 

An Act for the relief of the Spartanburg and Union Railroad Com- 

90-7 

pany ^•^-' 

An Act to authorize the sale of the Columbia Canal 293 

An Act to amend and renew the charter of the Calhoun Insurance 

Company, of Charleston 294 

An Act to amend an Act entitled "An Act to alter the law in rela- 
tion to last wills and testaments, and for other puposes," ratified 
December tweuty-one, one thousand eight hundred and fifty- 
eight 295 

An Act to establish the University of South Carolina 296 

An Act to amend the charter of the Edisto and Ashley Canal Com- 
pany 298 

An Act "to incorporate the Charleston Hook and Ladder Company, 

No. 1 299 

An Act to amend an Act entitled "An Act in relation to the South- 
ern Express Company, and to provide additional remedies for 

the default of com mon carriers " 299 

An Act to provide for the re-organization of the militia 3()0 

An Act to incorporate the Ireland Creek Timber Cutters' Company.. 335 

An iVct to organize the Executive Department of this State 340 

An Act to amend the charter of the Charleston Gas Light Company, 342 

An Act to establish certain roads, bridges and ferries 343 

An Act to provide a mode by which to perpetuate testimony in rela- 
tion to deeds, wills, choses in action, other papers and records 

destroyed or lost during the recent war 345 

An Act to provide for the appointment by this State of Electors of 

President and Vice President of the United States 349 

An Act to provide for the drawing of juries in certain cases 352 

An Act to regulate the distilhxtion of spirituous liquors 352 

An Act to provide for the election of Tax Collectors for the Districts 

of Darlington and Chesterfield - 353 

An Act to change the time for holding the election for Sheriff of 

Williamsburg District • •■•••• 354 

An Act to extend to the Camden Bridge Company the time within 

which to rebuild their bridge 354 

An Act to amend an Act to incorporate the Elmore Mutual Insur- 
ance CV)mpany, to be located in the city of Charleston 355 

An Act to renew the charter of the Mount Pleasant Ferry Company, 356 
An Act to lend the credit of the State to secure certain bonds to be 
issued by the South Carolina Railroad Company, and for other 

purposes 356 

An Act to incorporate the Palmetto Savings Bank 357 



^11 LIST Oi^^ ACTS. 

PAGE 

An Act to incorporate the Deep- Water and Western Railroad Com- 
pany 358 

An Act to incorporate the Ashley River Saw Mill, Timber and Lum- 
ber Company 359 

An Act to incorporate the South Carolina Land and Emigration 

Company 360 

An Act for the relief of the Charleston and Savannah Railroad Com- 
pany 362 

An Act to incorporate the Charleston Dredging and Wharf Build- 
in g C o m p a u y 363 

An Act to incorporate Schiller Lodge, No. 30, of the Independent 

Order of Othl Fellows, of the State of South Carolina 364 

An Act to incorporate the German Immigration, Land and Trading 

Company, of Charleston 364 

An Act to incorporate the Charleston Savings Bank 366 

Acts of 1866. 

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

thousand eight hundred and sixty-six 366 

An Act to make appropriations for the year commencing in Octo- 
ber, one thousand eight hundred and sixty-six 370 

An Act to regulate the fees of Sheriffs for dieting persons confined 
in jail, and to provide for the more expeditious payment 
thereof 37-1 

An Act to alter the Act entitled " An Act to amend the criminal 

law oii> 

An Act to amend an Act entitled " An Act to authorize the sale of 
the Columbia Canal," ratified the twenty-first day of December, 
A. D. eighteen hundred and sixty-five 378 

An Act to provide an expeditious mode of ejecting trespassers 379 

An Act for the encouragement and protection of European Immi- 
gration, and for the appointment of a Commissioner and Agents, 
and for other purposes therein expressed 380 

An Act to extend the time in which to re-record lost instruments in 

writing 381 

An Act to authorize the Mayor and Aldermen of the city of Colum- 
bia to issue and put in circulation notes receivable in taxes or 
dues to the city : 382 

An Act to amend the Act esiablishing the Uuiversitv of South Ca- 
rolina ". 3>^2 

An Act to authorize the sale of the jail lot in Sumter District.. ..... 383 

An Act to alter the law on the subject of fences 384 

An Act to authorize the City Council of Columbia to issue addi- 
tional bonds 384 

An Act to authorize the transfer to the Columbia and Augusta Rail- 
road Com[)any of certain stocks held by the Stale, and to 
authorize the guaranty by the State of the bonds of said com- 
pany 385 

An Act 10 amend the law in relation to tenancies 386 

An Act to regulate elections for Representatives in Congress 386 



LIST OF ACTS. xiii 

PAGE 

All Act to incorporate the Charleston and Florida Steam Packet 

Company 389 

An Act to provide for docketing constitutional cases in the Court of 

Errors 390 

An Act supplementary to the Act to provide for the funding of the 
interest and principal of certain stocks and bonds of the State 
past due, passed on the twenty-first day of September, A. D. 
one thousand eight hundred and sixty-six 390 

An Act to withdraw certain undrawn appropriations heretofore 

made 391 

An Act to alter the law in relation to the publication of legal notices, 393 

An Act to shorten and regulate the publication of notices to absent 

defendants in equity 393 

Au Act to carry into effect the donation made by an Act of Con- 
gress to the several States and Territories which may provide 
Colleges for the benefit of Agriculture and the Mechanic Arts.. 394 

An Act to further extend the time allowed the Greenville and Co- 
lumbia Railroad Company to construct a branch of their road 
from some point on their main trunk, west of .Saluda River, to 
connect with the South Carolina Railroad at or east of Aiken.. 395 

An Act to alter and amend an Act entitled " 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 " 395 

An Act to make certified copies evidence 398 

An Act to incorporate the Farmers' and Merchants' City Railway 

Comi)any of South Carolina 398 

An Act to extend the duration of an Act entitled " An Act to ex- 
tend the duration of an Act authorizing the formation of lim- 
ited part nershi ps " 400 

An Act to establish an additional class of flour, to be called family 

flour 400 

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

therein mentioned in certain persons 401 

An Act to provide artificial legs for all citizens of the State who 

have lost their legs during the recent war 401 

An Act to authorize and regulate the creation of private corpora- 
tions within this State 402 

An Act to authorize the issue of bonds or stock to pay amount due 

the contractors fin- marble-work of new State House 405 

An Act to provide for the registration of trust deeds of personal 

property 406 

An Act to incorporate the Savannah and Charleston Railroad Com- 
pany 406 

An Act to incorporate the village of Bennettsville 415 

An Act to renew and amend the charter of the town of Sumter 421 

An Act accepting the benefits of an Act of Congress, entitled " An 
Act donating public lands to the several States an<l Territories 
which may provide colleges for the benefit of agriculture and 
the mechanic arts," approved the second day of July, in the 
year of our Lord one thousand eight hundred and sixty-two... 427 

An Act to vest in Benjamin F. Landrum, his heirs and assigns, cer- 
tain lands in Edgefield District liable to escheat 428 



XIV LIST OF ACTS. 

PAGE 

An Act to repeal the usury laws of this State 429 

An Act to alter and amend an Act entitled " An Act to alter and 
amend the law in relation to the method of counting voles in 
all elections by the people" 429 

An Act to alter the sittings of the Courts of law within the Eastern 

Circuit 430 

An Act to authorize and empower the Commissioners of Free Schools 
for the Parishes of St. Phillip's and St. Michael's to organize 
an evening school for apprentices and youths in business, and to 
collect a tax for the support of the same 431 

An Act to incorporate the Supreme Council of Sovereign Grand In- 
spectors-General of the Thirty-third Degree for the Southern 
Jurisdiction of the United States 432 

An Act to provide for the appointment of additional Magistrates for 
the Districts of Orangeburg, Colleton, Richland, Sumter', Lex- 
ington, Clarendon, Darlington and Edgefield 432 

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

and amend the charters of certain others 433 

An Act respecting sureties on !)onds of public officers 434 

An Act to renew the charter of the Vigilant Fire Engine Company 

of Charleston 435 

An Act for the better protection of seamen and immigrants in the 

port and harbor of Charleston 435 

An Act to vest in Nelly Partin and Jacob Etheredge certain property 

liable to escheat 437 

An Act to provide for the admission in evidence of wills made in 

the execution of a power 438 

An Act to alter and amend the law in relation to the opening, 

widening, closing or extending streets in the city of Charleston, 438 

An Act to declare Big Horse Creek, in Edgefield District, not navi- 
gable as a public stream beyond a certain point 439 

An Act to regulate the sittings of the Court of appeals 439 

An Act to incorporate the Sea Island Cotton Company 440 

An Act to authorize the City Council of Charleston to issue and put 

in circulation notes receivable in taxes or dues to the city 442 

An Act to incorporate the Winyah and Santee Canal Company 443 

An Act to incorporate the Mount Pisgah Baptist Church, in Ander- 
son District 446 

An Act to incorporate the Charleston Water Company, in the city 

of Charleston, State of South Carolina 446 

An Act to incorporate the South Carolina Loan and Trust Com- 
pany 451 

An Act t) chfirter the Columbia and Sumter Railroad Company 454 

An Act to amend an Act entitled " An Act to amend an Act en- 
titled 'An Act to establish District Courts'" 455 

An Act to incorporate the Charleston Independent Turner's Associ- 
ation 457 

An Act to renew and extend an Act entitled "An Act to incorpo- 
rate the Furman University," ratified on the twentieth day of 
Dece liber, in the year of our Lord one thousand eight hundred 
aid fifty, and to alter the style of the corporation 458 

An Act to amend the charter of the Charleston Gas Light Company, 458 



LIST OF ACTS, xv 

PAGE 

An Act to esteud the charter of the Charleston Fire Company of 

Axemen "^'59 

An Act to incorporate the village of Kingstree 459 

An Act to incorporate the Wentwonh Street Lutheran Church 460 

An Act to incorporate the Charleston Board of Trade 460 

An Act to renew the incorporation of the town of Newberry 461 

An Act to incorporate Union Academy.... 461 

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

charter of the Calhoun Insurance Company of Charleston " 462 

An Act to incorporate the Young America Fire Engine Company, 

of Charleston 462 

An Act to incorporate the Charleston Commercial College. 463 

An Act to declare valid the recent election of Inteudant and 

Wardens of the town of Tiramousville 463 

An Act to incorporate the Beaufort Club 463 

An Act to renew and extend the charter of the village of Frog 

Level 464 

An Act to alter and amend the charter of the town of Camden 464 

An Act to incorporate the Liberty Spring Presbyterian Church, 

Old School, in Laurens District 465 

An Act to amend the charter of the Society Hill and Marlboro 

Bridge Company 465 

An Act to incorporate the Manning Cemetery Company 466 

An Act to reestablish Givham's Ferry ■. 467 

An Act to renev/ the charter of the Salamander Fire Engine Com- 
pany of Georgetown 467 

An Act to rene%v the charter of the Winyah Fire Engine Com- 

jmny of Georgetown 468 

An Act to amend tlie charter of the town of Georgetown 468 

An Act to renew the charter of Darlington Presbyterian Church... 469 
An Act to renew the charter of the Presbyterian Church at Spar- 

tanbui'g Court House 469 

An Act to incorporate the Washington Light Infantry Charitable 

Association...: ; .' 469 

An Act to extend the charter of the Marion Fire Engine Com- 
pany • 470 

An Act to incorporate the Trustees of the Walterborough Male 

Academy 4:70 

An Act to incorporate the Cheraw Bridge Company 471 

An Act to renew the charter of the town of Beaufort 472 

An Act to amend the charter of the town of Yorkville 472 

An Act to renew and extend the charter of the Methodist Benevo- 
lent Society of Charleston 473 

An Act to alter and amend the charter of the town of Winnsboro.. 473 
An Act to chano-e the name and renew and amend the charter of 

the Yorkville Fire Engine Company 4/4 

An Act to incorporate the Charleston Dredging and Wharf 

Building Company 474 



XVI LIST OF ACTS. 

Joint Resolutions of 1866. 

PAGE 

Resolution to appoint proxies to represent stock of the State in the 

Clieraw and Coal Fields Railroad Company 479 

Resolution to pay Messenger of the Senate for services as mail 

carrier 479 

Resolution authorizinjr the Governor to call for plans and estimates 

for covering the New State House 480 

Resolution authorizing Commissioners for the sale of the Stete 
Works at Greenville to sell to G. W. Morse or other pur- 
chaser the personal property connected with same 480 

Resolution in regard to the election of United States Senators 480 

Resolution directing the Treasurer of the State to deliver one copy 

of certain Acts and Resolutions to the Court of Appeals . .. 481 

Resolution authorizing the Governor to contribute one thousand 

dollars to the Oakwood Cemetery, Virginia 481 

Resolution directing the Comptroller General to audit the accounts 

of SheriiFs for dieting prisoners 482 

Resolution authorizing State Treasurer to fund interest on stocks of 

the State past due 482 

Resolution directing " A Bill substituted for the legislation induced 
by the emancipation of slaves " to be printed with Reports and 
Resolution 483 

Resolution authorizing Commissioners of Free Schools to receive 

money donated for education of colored children 483 

Resolution appointing proxies to represent the State stock in the 

Spartanburg and Union Railroad Company 483 

Resolution requiring public printer to furnish Comptroller and 

Treasui-er daily with Journals 484 

Resolution directing the Commissioners of Roads to report number 

pul^lic roads, number inhabitants liable to work on, Ac 484 

Resolution appointing proxies to represent the State stock in Blue 

Ridge Railroad Company 485 

Resolution authorizing the Governor to make advances to defray 
expenses of agent appointed to receive and sell land scrip 
donated by Congress 485 

Resolution appointing Magistrates for Edgefield District 485 

Resolution appointing Drury Nunamaker a Magistrate for Lexing- 
ton District 486 

Resolution appointing proxies to represent State stock in Green- 
ville and Columbia Railroad Company 48& 

Resolution appointing Dr. S. W. Barker a Magistrate for Berkeley 

District 486 

Resolution relative to the public printing 487 

Resolution appointing day of adjournment 487 

Resolution authorizing Treasurer to pay the accounts and claims 

passed at this session to members presenting them 488 

Resolution directing Comptroller General to require Sheriffs to 

enforce tax executions. 488 



STATUTES AT LARGE. 



AN ACT TO Raise Supplies for the Year Commencing in 
October, One Thousand Eight Hundred and Sixty-one. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That a tax for the suras and in the manner hereinafter 
mentioned shall be raised and paid into the Treasury of this State, 
for the use and service thereof, that is to say: one dollar and thirty 
cents, ad valorem, on every hundred dollars of the value of all 
lands granted in this State, according to the existing classification 
as heretofore established ; one hundred and twenty-six cents per 
head on all slaves : Provided, That all lands or slaves in this State, 
now in possession or under the control of the enemy, and such 
other lands or slaves as may be taken by the enemy before the 
return of the said property to the Tax Collector, and also such 
other lands as shall have been abandoned by the owners, iu con- 
sequence of the action of the military authorities, shall be exempt 
from taxation under this Act; three dollars on each free negro, 
mulatto or mestizo, between the agps of fifteen and fifty years, ex- 
cept such as shall clearly be proved to the satisfaction of the Col- 
lector to be incapable, from maims or otherwise, of procuring a 
livelihood, and except those who now are or have at any time been 
iu the service of the army of this State or of the Confederate States, 
in the existing war ; twenty-two cents, ad valorem, on every hun- 
dred dollars of the vallue of all lots, lands and buildings within 
any city, town, village or borough in this State: Provided, That 
the tax on lands and buildings in the city of Charleston be as- 
sessed on the value of the lands only, where the buildings and 
improvements on the land have been destroyed by the late confla- 
gration : And provided, farther, 'Y^hdii no tax shall be levied on lots, 
lands and buildings within any city, town, village or borough in 
this State which have passed into the possession or under the con- 
trol of the enemy, or which may pass into the possession or under 
the control of the enemy before returns are made to the Tax Col- 
lectors; one hundred cents per hundred dollars on factorage, em- 
ployments, faculties and professions, including the profession of 
dentistry, and including herein Clerks of Courts of Common Pleas 
and General Sessions, Sheriffs, Masters and Commissioners in Equity, 
Registers in Equity, Registers of Mesne Conveyance, Ordinaries 
and Coroners, whether in the profession or employment of law or 
equity the profits be derived from the costs of suit, fees, or other 
sources of professional income, except clergymen, schoolmasters, 
schoolmistresses and mechanics ; one hundred cents on every hun- 



A. D. 1861. 

No. 4566. 



Land. 

Slaves. 
Exemption. 



Free negroes. 



Lots and build- 
ings. 



Factorage, em- 
ployments, 
oifice.s, &e. 



Commissions. 



2 STATUTES AT LARGE 

A. D. 1861. dred dollars on the amount of commissions received by vendue 

^■^-^''■""^ masters and commission merchants; forty cents per hundred dollars 

Bank capital. ^^ ^^^^ capital stock paid on the fiist of October, one thousand eight 

„ . hundred and sixty-one, of all banks which, for their present char- 

Jjusmess ^ , • i i i o • i • , i i j 

agents. ters, have not paid a bonus to the State; eighty cents per hundred 

dollars on the capital stock of any bank of issue not incorporated 
by this State, paid in on the first day of October, one thousand 

Gas and Insu- ^'g'^t hundred and sixty-one, doing business by agents within the 

ranee eompa- limlt.s of this State; forty cents per hundred dollars on the capital 

^'"^^' stock of all incorporated gas-light companies; one and a-half 

per centum on all premiums taken in this State by incorporated 
insurance companies, and by the agencies in this State, acting in 
behalf of insurance companies and underwriters without the limits 

Merehandise. of this State ; twenty-two cents on every hundred dollars of the 
amount of sales of goods, wares and merchandise, embracing all 
articles of trade for sale, barter or exchange, (the products of this 
State, and the unmanufactured products of any of the States of 
the Confederate States excepted,) which any person shall have 
made from the first day of January, in the year of our Lord one 
thousand eight hundred and sixty-one, to the first day of January, 
in the year of our Lord one thousand eight hundred and sixty-two, 
either on his, her or their capital, or borrowed capital, or on account 
of any person or persons, as agent, attorney or consignee ; ninety 
cents upon every hundred dollars of the amount of sales of goods, 

Transient mcr- wares and merchandise whatever, which any transient person, not 
resident in this State, shall make in any house, stall or public 
place, whether the said sale be made by sample or otherwise ; 
twenty dollars per day for all circus exhibitions ; five dollars per 
day for representing publicly, for gain or reward, any play, coin- 
Circus and edv, trasredv, interlude or farce, or other employment of the stage, 

tions. or any f)art therein, or for exhibiting wax figures or other shows, 

of any kind whatever, to be paid into the hands of the Clerks of 
the Courts, respectively, who shall be bound to pay the same into 
the Treasuries of the State of South Carolina, except in cases 
where the same is now required by law to be paid to the corpora- 
Moneys in- tions or otherwise; one-tenth of one per cent, on all moneys loaned, 

^*^^**^ ' moneys at interest, all moneys invested in the stocks or bonds of 

any State or corporation, other than bonds or stocks of this State, 
and other than the stocks of the banks and railroad companies of 
this State; one hundred and fifty cents for every hundred dollars 

o„o^^lo?^*^'^^^'^^ of gross receipts of all commercial agencies within the limits of 
Cards and this State; thirteen cents on every pack ot playing cards sold in 

billiards. this State; fifteen dollars upon every billiard table within this 

State, used to and for the purpose of raising a revenue therefrom ; 
Salaries. oue hundred cents on the hundred dollars of all salaries, including 
public offices, except officers of the army and navy, and on all wa- 
ges, from whatever source derived, except wages of five hundred 
dollars or less per annum. 

Taxes. to whom II. All taxes levied on property, as prescribed in the first Section 

payable. ^f ^j^jg ^(,t, shall be paid to the Tax Collector for the tax district 

in which said property is located. The commissions to be received 
by the various Tax Collectors of this State, for the year commenc- 
ing on the first day of October, one thousand eight hundred and 



OF SOUTH CAROLINA. 3 

sixty-one, shall be at the rate of seventy per centum of the commis- A. D. I86I. 
sious now allowed them bv law. 

III. The Tax Collectors in the several Districts and Parishes in retuni'of. '' 
this State, in their returns hereafter to be made, are hereby required 

and enjoined to state the precise amounts of taxes collected by them 
for supporting the police of the said several Districts and Panshes 
aforesaid, stating the rates per centum on the amounts of the State 
tax collected for said District and Parish police purposes, and the 
total amount of commissions received by each and every of such 
Tax Collectors, and the rate per centum of his commissions, and the 
Comptroller General shall return the same in his report. 

IV. Free negroes, mulattoes and mestizoes are hereby required returns°oT°*'^' 
to make their returns and pay their taxes during the month of 

March ; and the Tax Collector of St. Philip's and St. Michael's 
is allowed until the mouth of May to receive the taxes of white 
persons. , „ ,, ^ 

V. The lots and houses on Sullivan's Island shall be returned to J^„«^^^f,tfv"n's 
the Tax Collector of the tax district in which they are situate, in island. 

the same manner as other town lots and houses, and shall be liable 
to the same rates of taxation : Provided, That lots and houses de- 
stroyed, or occupied without compensation, by the military, or used 
for military purposes, without compensation, or ordered to be vacated 
by military authority before returns are made, shall be exempt from 
taxation. That the President of the Columbia Branch of the Bank S'o"n ef sWe 
of the State of South Carolina do pay into the Treasury of this paid by. 
State the following sums, to wit: The sura of seventeen thousand 
five hundred and fourteen dollars and ninety cents, now on deposit 
in said Branch, and derived from the Government of the United 
States, as the portion of South Carolina for sales of public lands, 
received during the administration of Governor Manning. Also, 
the sum of sixteen hundred and fifty dollars, now on deposit in said 
Branch, and which is the balance of an appropriation for the benefit 
of the widows and orphans of the Palmetto Regiment. 

In the Senate House, the twenty-first day of December, ia 
the year of our Lord one thousand eight hundred and sixty- 
• one, and in the eighty-sixth year of the sovereignty and in- 
dependence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



1 STATUTES AT LARGE 

A. D. isGi. ^jf ACT TO Make Appropriations for the Year Commencing 
^ ^ IN October, One TnousANr) Eight Hundred and Sixty- 
No. 4567. ONE. 



Executive De- 
Piiitment. 



Legislative De ■ 
partment. 



I. Be it enacted by the Senate and House of Representatives, 
now met and sitting in General Assembly, and by the authority ot 
the same. That the following sums be, and they are hereby, appro- 
priated for the payment of the various officers and expenses of the 
State Government, that is to say: In the Executive Department : 
For the salary of the Governor, three thousand five hundred dol- 
lars; for the Private Secretary of the Governor, five hundred 
dollars; for the Messenger of the Governor, two hundred and fifty 
dollars; for the contingent fund of the Executive Department, ten 
thousand dollars, to be subject to the draft of the Governor, and to be 
acco<inted for annually by him to the 'Legislature; for the rent of the 
Governor's house, in Columbia, one thousand dollars; for the pay 
of the Special Private Secretary of the Governor, for his services 
during the past year, to be in full compensation for the same, fifteen 
hundred dollars; for the salary of the Special Private Secretary of 
the Governor for the present year, fifteen hundred dollars. 

II. In the Legislative Department : For the pay of the mem- 
bers of the Legislature, and the Attorney General and the Solici- 
tors, during the present session, and of the Committees appointed 
to inspect the Bank of the State and its branches, twenty thousand 
dollars, if so much be necessary ; for the pay of the members of the 
Legislature, at the extra session, five thousand dollars, if so much be 
necessary; for the salaries of the Clerks of the Senate and House of 
Representatives, twelve hundred dollars each ; for the salaries of the 
Assistant Clerks of the Senate and House of Representatives, two hun- 
dred and fifty dollars each ; for the salaries of the said Clerks and their 
Assistants, and the pay of the Attorney General and Solicitors, at 
the extra session of the Legislature, four hundred and ninety-five 
dollars ; for the salary 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 Read- 
ing Clerks of the Senate and House of Representatives, each two 
hundred and fifty dollars; for the services of the Engrossing Clerks, 
to be paid under the direction of the President of the Senate and of 
the Speaker of the House of Representatives, four hundred and fifty 
dollars; for the printers of the Senate and House of Representatives, 
in pursuance of the contracts made by the Committees of both 
Houses, four thousand dollars, if so much be necessary, for the print- 
ing executed by the said printers during the present session of the 
Legislature, the same to be paid to them as soon as the amounts of 
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 Resolutions agreed to, 
the Governor's Messages, Reports of the President of the Bank and 
Comptroller General, with the accompanying documents, two thou- 
sand five hundred dollars, if so much he necessary: Provided, Tiiat 
the number of copies specified in the 2:)roposal of the printers, as 
accepted by the Legislature, shall be printed and deposited in the 



OF SOUTH CAROLINA. ^ 

office of the Treasurer of the Upper DivisioQ before the twentieth -^_^_^ 
day of February next, and the amount to be paid according to the 
proposals, which sliall be ascertained by the Treasurer aforesaid : 
And further provided, That the printer of Acts and Journals do 
publish in his newswaper, at Columbia, all the public Acts which 
may be passed at the present session, within twenty days after the 
adjournment of the Legislature, and forward by mail, to each 
member of the General Assembly, and each of the Judges, a copy 
ofsuch newspaper, as soon as such paper is issued ; lor Theodore 
Starke, for contingent expenses during the present session ot the 
Lecrislature, six hundred dollars, if so much be necessary, to be ac- 
comited for by him at the Treasury, and reported by the Treasurer 
to the General Assembly ; for stationery, fuel, distributing Acts, 
and expenses of election returns, fourteen hundred dollars, it so 

""Til In^theTudiciary Department: For the salary of the Chief ^JufJ^«^][f »«" 
Justice, three thousand five hundred dollars; for the salaries ot the 
Judcresand Chancellors, three thousand dollars each ; for the salary 
of the Attorney General, eleven hundred dollars ; for the salaries ot 
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 said Court, at Columbia, two hundred dollars: 
Provided, It shall be the duty of the said Messenger to summon all 
members of the bar who are members of the Legislature, when 
their cases may be called for trial ; for the salary of the Libranaa 
of the Court of Appeals, in Columbia, two hundred dollars, the 
same to include the expenses of fuel for the Court of Appeals and 
for the Library; for the salary of the Clerk of the Court of Appeals, 
in Charleston, six hundred dollars ; for the salary of the Messenger 
of the said Court in Charleston, two hundred dollars ; for the salary 
of the Librarian of the Court of Appeals, in Charleston, two hun- 
dred dollars, to include the expense of fuel for the Court of Appeals 
and for the Library ; for the salary of the State Reporter, fifteen 
hundred dollars; and the several appropriations aforesaid, for the 
Clerks, Librarians, Messengers, Reporter, and for the incidental 
expenses of the Court of Appeals, shall be paid by the Treasurer 
only upon warrant to be drawn by the presiding Judge of the Court 
of Appeals, at such times and for such portions as they may deem 
just and proper; and it shall be the duty of the said Reporter to 
attend in person, or by deputv, the sittings of the Courts ot Appeals 
and Errors in Columbia and Charleston, and to report such argu- 
ment* and statements of facts as may be necessary to a correct 
understanding of the decisions of the said Courts: Provided, ihat 
the Judges of the Court of Appeals may, if they think proper, 
announce the results of their decisions at certain stated periods, 
before filing their opinions : And Jurther provided, That the said 
Reporter shall publish, in one or more of the newspapers at Co- 
lumbia, an abstract of the principles decided by the Court of Appeals 
in its opinions, as soon as practicable after the delivery of the same ; 
for the pay of the Jurors and Constables, twenty-five thousand 
dollars, if so much be necessary, the certificates to be paid at either 

Treasury. Treasury De- 

IV. In the Treasury Department: For the salary of the Comp- partment. 



6 STATUTES AT LARGE 

A. D. 1861. troller General, two thousand dollars ; for the salary of the Clerk of 
^^''y^'^ the Comptroller General, seven hundred and fifty dollars, the said 
Clerk to be appointed and removed at the pleasure of the Comp- 
troller General ; for the salary of the Treasurer of the Lower Divi- 
sion, and for clerk hire, two thousand dollars; for the salary of the 
Treasurer of the Upper Division, and for clerk hire, sixteen hundred 
dollars ; for the Assessor of St. Philip's and St. Michael's, for making 
out and affixing assessments of each return, one thousand dollars ; 
for the services of the Comptroller General, for copying tax books, 
two hundred dollars ; for additional compensation to the Treasurer 
of the Lower Division, for the performance of the additio: al duties 
imposed upon him by an Act entitled " An Act to authorize the 
issue of certificates of stock to provide for the military defence of 
the State," ratified the twenty-second day of December, in the year 
of our Lord one thousand eight hundred and sixty, four hundred 
dollars ; for printing and distributing tax returns, seventeen hun- 
dred dollars. 
South Carolina V. For the South Carolina College : For the salary of the Fres- 
'^^" ident of the College, three thousand dollars ; for the salaries of 

seven Professors of the College, two thousand five hundred dollars 
each ; for the salary of the Treasurer of the College, five hundred 
dollars ; for the salary of the 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, five hundred 
dollars, also, one hundred dollars fSlOO) for error in apnropriation 
of last year ; the salaries of the President, Professors, Treasurer and 
Librarian, to be paid by the Treasurer of the LTpper Division, 
quarterly, in advance, their drafts being countersigned by the 
Treasurer of the College. 
Ordinnry civil VI. For the Ordinary Civil Expenses : For the payment of the 
expenses. contingent accounts of the Upper Division, sixteen thousand dollars, 

if so much be necessary ; for the payment of the contingent accounts 
of the Lower Division, twenty-five thousand dollars, if so much be 
necessary ; for the payment of pensions and annuities, one thousand 
dollars, if so much be necessary ; for tiie 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, seventv-four tliousand four hundred dollars, if so much be 
necessary, to be distributed among the several election districts in 
the State, in ihe proportion of six hundred dollars to each Repre- 
sentative in the j)opular branch of the Legislature ; for the support 
of paupers at the Luiuitic Asylum, seven hundred dollars, if so 
much be necessary ; fi>r the education of the Deaf, and Dumb, and 
the Blin<l, seven thousand dollars, if so much be necessary, to be 
paid to the Commissioners in the same manner as the appropriation 
heretofore made ; for refunding taxes, as directed by the reports of 
the Couunittees of Ways and Means and of Finance and Banks, 
agreed to by the Legislature, one hundred and fifty dollars, if so 
much be necessary ; for the payment of the interest on one million 
nine hundred and sixty-five thousand dollars of bonds and stocks, 
issued for the construction of the New State Capitol, one hntulred 
and seventeen thousand nine hundred dollars ; for the f)aynient of 
the interest on three hundred and ten thousand dollars of the bonds 



OF SOUTH CAROLINA. 7 

of the State, issued under an Act entitled "An Act to grant aid -^- '^- 1861. 
to the Blue Ridge Railroad," ratified the twenty-second day of ^~" r^^ 
December, in the year of our Lord one thousand eight hundred 
and fifty-nine, eighteen thousand six hundred dollars; for the pay- 
ment of the interest on four hundred thousand dollars of bonds of 
the State, issued for the military defense of the State, twenty-four 
thousand dollars; for the payment of the interest on six hundred 
and seventy-five thousand dollars of bonds of the State, issued for 
the military defense of the State, forty-seven thousand two hundred 
and fifty dollars ; for the payment of the interest on one million 
eight hundred thousand dollars of the bonds and stock authorized 
to be issued at the present session of the Legiiilature, for the 
military defense of the State, one hundred and twenty-six thousand 
dollars. 

VII. For Military Expenditures: For the salaries of the follow- Military ex- 
ing officers, viz : Adjutant and Inspector General, tw^o thousand pt'iuhtures. 
five hundred dollars ; Arsenal Keeper in Charleston, one thousand 

dollaj's; Arsenal Keeper and Powder Receiver at Columbia, at the 
rate of four hundred dollars per annum ; Physician of the Jail and 
Physician of the Magazine Guard at Charleston, each five hundred 
dollars ; and for the support of the Military Academies at Charles- 
ton and Columbia, thirty-seven thousand dollars, if so much be 
necessary ; and the said Military Academies shall be under the 
direction of the Board of Visitors: Provided, That each District 
shall be entitled to send to said academies a number of beneficiaries 
equal to its representation in the House of Representatives, or in 
that proportion, as far as the appropriation for the school may 
allow; for tlie salary of the Clerk of tlie Adjutant and Inspector 
General, seven hundred and twenty dollars ; for defraying the ex- 
penses of artillery companies and corps of pioneers belonging to the 
regiment of artillery in Charleston (^Frovided, That the corps of 
pioneers shall receive fifty dollars, and no more, and to be drawn in 
the same way as now provided by law for artillery companies,) 
twenty-five hundred dollars, if so much be uecessary, to be drawn 
and applied in the manner prescribed by the Act in relation to 
that subject; for the services of the Secretary of State during the 
current year, for all services in issuing all military comaiissions, 
and in lieu of any charge against the State for commissions of civil 
officers, eight hundred dollars, to be paid as other salaries directed 
to be paid by law ; for the salary of the Ordnance Officer, three 
thousand dollars; for the salary of the Clerk of the Ordnance 
Officer, one thousand dollars, if so much be necessary, to be 
paid upon the draft of the said Ordnance officer, said sal- 
aries to be paid quarter'y ; to defray the expenses attend- 
ant upon the military defense of the State, one million eight 
hundred thousand dollars, to be paid by the Treasurers of the 
Upper and Lower Divisions, upon the drafts of the Governor: 
Promded, That three hundred thousand dollars of the said amount 
shall be applied to the payment of the loan made under the resolu- 
tion of the General Assembly adopted at the extra session, held in 
the month of November, in the year of our Lord one thousand 
eight hundred and sixty-one. 

VIII. For Ordinary Local Expenditures: For the support of 



8 STATUTES AT LARGE 

A. D. ISGI. tlie transient poor of Charleston, seven thousand dollars, to be paid 
^""""^''^^ to the City Council of Charleston, and accounted for by them 

exjlmiiuiresf^ t^ 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 law3 
at Charleston, one thousand dollars, if so much be necessary, 
to be paid to the City Council of Charleston, and expended 
under their direction ; for the salary of the Superintendent of the 
Fire Proof Building in Charleston, during the present year, one 
hundred dollars ; for the support of the transient poor of George- 
town, eight hundred dollars, to be expended by the Commissioners 
of the Poor of Winyah, 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 t;veuty dollars; for aiding the support of 
a ferry at Elliott's Cut, two hundred dollars, subject to the order of 
the Commissioners of Roads for St. Andrew's Parish ; for maintain- 
ing and keeping open the Roper Hospital, in Charleston, three 
thousand dollars, to be paid to the Medical Society, in trust for the 
Roper fund, to defray the expenses of the said hospital ; for the 
support of the State Normal and High School, at Charleston, live 
thousand dollars, to be subject to the draft of the Commissioners of 
Free Schools of St. Philip's and St. ^lichael's, and to be applied by 
them as prescribed by law; for the support of the Catawba Indians, 
eight hundred dollars, if so much be necessary, 

IX. For Extraordinary Expenditures : For James L. Pettigru, 

expenditures^'^ Esquire, for salary for the year eighteen hundred and sixty-twr>, as 
Commissioner to make a Code of the Statute Law of South Caro- 
lina, five thousand dollars; and, also, for the services of one assis- 
tant, two thousand dollars, to be paid to him as directed by an Act 
entitled " An Act further to provide for a Code of the Statute Law 
of South Carolina," ratified on the nineteenth day of December, 
eighteen hundred and fifty-nine; for the salary of the Commissioner 
of the New State House, one thousand dollars; for the Marine 
School of Charleston, six thousand dollars, to be paid to the 
Charleston Port Society, as directed by the report and resolution as 
adopted at the present session ; for the payment of the expenses 
incurred by the Commissioner of the Code for printing, stationery 
and postage, as provided by an Act entitled "At) Act further to 
])rovide for a Code of the Statute Law of South Carolina," ratified 
on the nineteenth day of December, in the year of our Lord one 
thousand eight hundred and fifty-nine, six hundred dollars, if so 
much be necessary, to be paid on the draft of the Commissioner, coun- 
tersigned by the Chairmen of the Committee of the Judiciary of 
the two branches of the General Assembly ; that the Treasurer of 
the Lower Division be, and is hereby, authorized and instructed to 
pay, out of the undrawn appropriation "for the military contin- 
gencies, one hundred thousand dollars, to be drawn and accounted 
for as directed by the Legislature," ordered by an Act entitled 
"An Act to make appropriations for the year commencing in Octo- 
ber, one thousand eight hundred and fifty-nine," ratified on the 
twenty-second day of December, one thousand eight hundred and 
fifty-nine, the following sums, and as follows, to wit : To the Bank 
of the State of South Carolina, the sum of fourteen thousand seven 



OF SOUTH CAROLINA. 

hundred and thirty-eight dollars, being an amount advanced by said A- ^- 1^^^- 
bank for the purchase of arras ; to the Bank of the State of South ^ 

Carolina, the sum of sixteen thousand four hundred and forty-six 
dollars forty-four cents, being an amount advanced by said bank to 
defray the expenses of a Convention of the people of the State of 
South Carolina; to the Bank of the State of South Carolina, the 
sum of seventy-one thousand seven hundred and sixteen dollars 
eighty cents, being an amount advanced by said bank to defray 
the expenses under an Act entitled "An Act for the establishment 
of a Coast Police for the State of South Carolina," ratified on the 
fifteenth day of January, one thousand eight hundred and sixty- 
one ; and that the overplus of the sums so ordered to be paid be 
paid out of any moneys in the Treasury unappropriated; and that 
an Act entitled " An Act for the establishment of a Coast Police 
for the State of South Carolina," ratified on the fifteenth day of 
January, one thousand eight hundred and sixty-one, be, and the 
same is hereby, repealed ; for the relief of the sufferers by the late 
fire in the city of Charleston, thirty thousand dollars, to be paid by 
the Treasurer of the Lower Division to the City Council of 
Charleston ; to the heirs of Josiah H. Smoot, two thousand three 
hundred and thirty-seven dollars and twenty-five cents, to be paid 
to them as provided for in the report adopted at the present session 
of the General Assembly; to defray the expense incurred for maps 
of the boundary line between this State and the State of North 
Carolina, two hundred dollars, to be paid to James L. Pettigru by 
the Treasurer of the Lower Division ; two thousand two hundred 
and fifty dollars, if so much be necessary, for the balance of the 
salary of the late F. H. Wardlaw, one of the Associate Judges of 
the Appeal Court, for the year eighteen hundred and sixty-one, to 
be paid to his widow, Mrs. Ann G. Wardlaw, by the Treasurer of 
the Upper Division. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty- 
one, and in the eighty-sixth year of the sovereignty and 
independence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Amend and Suspend Certain Portions of No. 4568. 
THE Militia and Patrol Laws op this State. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That all free white males, between the ages of sixteen and 
sixty, shall be liable to perform ordinary militia duty during the ex- persons nabfe 
istence of the war between the Confederate States and United States to do. 
of America, except the persons exempt from all militia service, and Exemptions, 
except the members of both branches of the General Assembly and 
their respective officers; all regularly officiating clergymen; all 



10 STATUTES AT LARGE 

A. D is6i.^ regular licensed practicing physicians ; the Faculty and officers in 
^ the South Carolina College; Professors in other incorporated col- 

leges, and in Theological Schools; schoolmasters having under their 
tuition not less than fifteen scholars; and all students at schools, 
academies and colleges; all branch pilots; one white man to each 
established ferry, toll bridge and toll grain mill, if actually kept 
by such white man ; the President, Cashier and Teller of the several 
banks of the State; the officers and men of the City Guard, and 
the Fire Departments of Charleston and Columbia; the officers 
and employees of all railroad companies; the Superintendent and 
Keeper of the Lunatic Asylum ; the Keepers of the Arsenals of 
the State; all persons holding office under the Confederate States, 
and the officers and cadets of the Military Academy ; and that all 
said males, from the ages of sixteen to sixty, shall be liable to per- 
form patrol duty, and shall be subject to be ordered by the Gov- 
ernor and Commander in-Chief to perform military service in their 
respective brigades. 
Suspension of ^^- That SO much of the one hundred and forty-eighth Section of 
H^-^. Section an Act entitled " An Act to reduce all Acts and clauses of Acts in 

Militia Act, as , ^. ^ - .,..,.,,. ^, ^ , , , , 

to length of relation to the militia of this btate toone Act, anrl to alter and amend 

service. ^j-,g gjmie," as limits the term of service of the militia, when drafted, to 

three months within this State, and two months out of the State, 
be, and the same is hereby, suspended during the said war; and 
that during such suspension the Commander-in-Chief may call out 
any portion of the militia of this State, from the ages of eighteen 
to forty-five, (except those exempt by this Act from militia service,) 
for twelve months, unless sooner discharged, for service either in 
this State or any of the Confederate States : Provided, That on his 
ordering a draft, the companies (beat or volunteer) of the militia shall 
be allowed to furnish the quota required of them by volunteers for 
actual service. 
Proportion ^^^- That the Companies shall furnish their quotas of volunteers 

liable to draft, or drafted men in proportion to their relative number liable to a 
draft by the provisions of this Act, and be exempted from such 
call to the extent of the number of volunteers they have already 
furnished, and who are then in the military service of this State or 
the Confederate States, or who shall have served at least twelve 
months in such ser.vice: Provided, '^hut no company shall be re- 
duced by drafting below the number of fifteen: And provided, far- 
ther. That it may be lawful for any one so drafted to tender to the 
commander of the regiment a capable substitute, and upon his 
being receiver!, the person drafted shall be excused from gi'ing into 
actual service, but shall be liable to perform ordinary militia and 
patrol duty. 

Organization. IV. Thiit all tronps thus raised, whether volunteers or drafted 
men, for the term of twelve months' service, shall be organized by 
the Commander-in-Chief into companies and regiments, battalions 
or squadrons, by ordering, forthwith, elections for their company 
and field officers, conforming in said organizations to the laws, rules 
and regulations of the Confederate States. And all volunteers for 
a longer period of service t-hall be separately organized in a similar 
manner. 

V. That all Acts prohibiting the reduction of beat companies 



OF SOUTH CAROLINA. 11 

below the uumber of fifty men, and all Acts imposing penalties ^- ^- 1^''^- 
for default of service in the militia organization of this State, be, '"" ^^ 
and the same are hereby, suspended as to all persons who may vol- nks,"*Ac*tf''^ 
unteer in the service of this State or the Confederate States, in the against reduc- 

. - tion of, s u s- 

war aforesaid. pended. 

VI. That all Acts and clauses of Acts prohibiting persons from Eligibility to 
being eligible to office, by reason of not holding commissions in any offictC Acts pro- 
battalion, regiment, brigade and division, be, and the same are j-o^g '"fo^,*^^" 
hereby, suspended during the said war, and that any person, during suspended. 
such suspension, shall be eligible to any of said offices, and 
that all laws requiring more than ten days' notice for any military 
election be also suspended during the same time; and that any time 
within ten days shall be sufficient notice for any such election in 
the militia and volunteer service of this State ; and in default of 
such election, the Governor shall forthwith fill the office by appoint- 
ment. 

VJI. That all persons required to perform ordinary militia duty Musters and 
shall be called out for company muster and drill at least once in 
every two weeks ; and, in case of default, to be liable to the same 
fines and forfeiture now provided by laAV. 

VIII. That the commissions of all officers of beat companies. Commissions 
battalions and regiments of the militia of this State, not called vacated. 
into actual service, and those in actual service, when relieved, be, 

and the same are hereby, vacated as soon as new elections can be 

had to fill said offices so vacated, except the volunteer corps of the 

city of Charleston, attached to the fourth brigade; and all volun- Volunteer 

teer companies in the State, not now having the number of officers, g°|"^|_"''^* ^^®' 

non-commissioned officers and privates required by law, except 

those now in actual service, or already ordered into actual service, 

be, and the same are hereby, dissolved ; and that all persons liable 

to do ordinary militia duty under this Act, and patrol duty under 

the provisions of this Act, or under any Act, shall be entitled to 

vote in all company, battalion and regimental elections. 

IX. That upon any proclamation or order from the Governor and of ^h'ls" A*cr^ 
Commander-in-Chief calling for troops, the commandant of each how complied 
militia regiment not excepted in this Act shall forthwith assemble ^^^ 

his command at the usual muster ground, and proceed to execute 
the requisitions thereof; and that officers commanding beat or 
volunteer militia companies, and if there be no such commissioned 
officers, then some suitable person appointed by the commandant 
of the regiment, shall forthwith take, or cause to be taken, a census 
of all persons liable to militia duty under this Act, residing within 
their respective beats, and make out a roll of the same, and also 
separate rolls of those between eighteen and forty-five, and of those 
who have volunteered from said beats, and are in the service of this 
State or the Confederate States, and shall return copies of said 
rolls to the commandant of the regiment and to the Adjutant and 
Inspector General of the State ; and for default in making said re- 
turns wirhin ten days after being required to do so by the order of 
any superior officer, they shall each be liable to a fine of fifty dol- 
lars, to be imposed and recovered as provided for by the militia 
laws of this State. 

X. '''^hat immediately after the passage of this Act, it shall be 



12 STATUTES AT LARGE 

A. D. 1861. i]^Q duty of the Adjutant and Inspector General, and he is hereby 
~^'^.'^~ required, to issue au order for elections to fill all offices in the vari- 

office!*''"'"* ° ""s companies and regiments, battalions or squadrons, of the militia 
of this State, which order shall be published in the De\vsi)apers of 
this State, and thereupon the coainiandiug officers of said corps 
shall extend said order to their respective commands ; and said elec- 
tions shall be conducted in the manner provided by the militia 
laws of this State, and in the time required by said order; and the 
managers of said elections shall forthwith return the result thereof, 
in writing, to the commandant of tlie regiment, who shall imme- 
diately transmit a copy of the same to the Adjutant and Inspector 
General. 

Sepnratebe.Tts. XI. That the corporate limits of any town containintj: not less 

whereto be or- .1 r. i , ■■ ' , -^ , i ,. 1 1 i • 

gauized. than nve hundred nor more than two thousand five hundred m- 

habitauts, including slaves and free persons of color, shall constitute 
a separate militia beat ; and it shall be the duty of the inhabitants 
of all such towns corporate, who are liable to militia duty under 
the provisions of this Act, to organize themselves into a company, to 
be attached to the regimeut in which such town is situate, unless 
any such town is divided by regimental lines, in which case the 
company therein organized may elect the regimeut to which they 
shall be attached ; and the companies thus organized shall be 
subject to all the provisions of this Act, as other militia beat com- 
panies. 
Companies ac- XII. That the companies which have been or may be accepted 
cepted under \^y j-^g Governor, under the resolution passed at the called session 
resolution o i r. , . r^l i » 1 i in 1 1 • 1 n ,• 1 

extra session of this General Assembly, shall not be subject to the call for volun- 

caU or draft. *^*' tecrs, or to the draft hereinbefore provided for, but shall be organ- 
ized by him, in pursuance of said resolution, into regiments, bat- 
talions, or squadrons. 
Assistant XIII. That the Quartermaster General and Commissary General 
ters'^iinYcom- of this State shall each be entitled to one assistant, with the rank 
missanes. jj,j^| p^y. ^f Captain of Infantry, and as many other assistants, with 

the pay of First Sergeant, as tlie Governor may deem necessary for 
Clerk allowed ^^® efficient administration of their departments; and that the Ad- 
Aiijutrint and jutant and Inspector General shall be allowed, if deemed necessary 
erah'^*^'^*"^ '''^" by the Governor, to employ a Clerk, at a sum not exceeding sixty 
dollars per mouth. 

XIV. That the troops raised within the limits of the fourth mili- 

Pee Dee Lc- fary division, and organized under the name of the Pee Dee Legion, 
gion, exemp- , -^ , ^, '^i , 1 r. ,1 ,• <• ^i • 

tionof. be, and tiie same are hereby, exempted from the operation ot this 

Act: P/'o?;ir?e</, They shall, within twenty days from the ratifica- 
tion hereof, file in the office of the Adjutant and Inspector General 
a roll of such companies as may be willing to be mustered into 
Confederate service, under the provisions of an Act of the Con- 
federate Congress entitled " An Act to provide for local defense and 
special service," approved the twenty-first day of August, in the 
year of our Lord oue thousand eight hundred and sixty one; and 
shall, in the meantime, continue in the service in which they are 
now employed : And provided, That such troops as shall not be 
mustered into the Confederate service, as aforesaid, shall be subject 
to all the provisions of this Act. 

XV. That every person liable to military duty under the provis- 



OF SOUTH CAROLINA. 13 

ions of this Act, who shall make default when summoned into actual ^■^- l^fii- 

service, shall be liable to such punishment, short of death, as may ~^ 

be imposed by a court martial, according to the Articles of War of howpunYshed!' 

the Confederate States ; said Court to be convened by the officer 

commanding the regiment to which the delinquent shall belong, 

who is hereby authorized to order said Court, in conformity with 

the usages of the army of the Confederate States. 

XVI. That all Acts and clauses of Acts in relation to the militia Consistent Acts 
of this State, consistent with the provisions of this Act, shall con- ^''^"^'""'''^"^'^*'- 
tinue of full force and effect; and all Acts and clauses of Acts in- inconsistent 
consistent with the provisions of this Act be, and the same are Acts repealed. 
hereby, suspended during the continuance of this Act. 

In the Senate House, the seventh day of December, in the year 
of our Lord one thousand eight hundred and sixty-one, and 
in the eighty-sixth year of the sovereignty and independence 
of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Afford Aid to the Families of Soldiers. No. 4569. 

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 not less than five nor more than ten freeholders, in 

each tax district in the State, shall be appointed, as hereinafter ot^EeTief^""^'' 
provided, who shall be called the " Soldier's Board of Relief," who 
shall continue in office during the existing war, and for four months 
thereafter ; and they are hereby authorized to fill up all vacancies 
in their respective Boards, arising from any cause, by appointment 
of said Boards; and they shall meet upon the call of the Chair- 
man, as well as by their own resolution ; a majority of each Board 
shall constitute a quorum. 

II. That the said Boards shall have power and authority to lew m 

, /• 1 • • T • 11 •' Jnx, power to 

a tax on the tax-payers ot their respective tax districts, annually, levy. 

and but once in each year, on the property taxed by the State, to 
be paid during that year, and none other, to raise a sum of money 
sufficient to afford aid and relief to the wives and children of such 
persons, in their respective tax districts, who have now, or may here- 
after, volunteer in the military service of this State or the Confed- 
erate States of America, and while in such service, as may desire the 
same, and whom the said Boards, respectively, may deem to be 
proper objects of this aid and relief; but the said tax shall not 
exceed forty per centum on the general State tax in any one year. 

III. That the said Boards, respectively, shall deliver to the Tax m ^ ,, 
Collectors of their respective tax districts a written order to collect to^'be furnlsiieJ 
such per centage on said general tax as they may decide on, at least ?^'}}V .^° *^°^' 
one month before the tax returns of the State are made to the said 

Tax Collectors ; that the said Boards, respectively, shall take all Relief, how 
proper means to ascertain whether the applicants for aid and relief •^^^P'^^^^d. 



14 STATUTES AT LARGE 

A. D. 1801. are proper recipients thereof, according to the true intent and mean- 
~^ ' ing of this Act ; and when they have decided in favor '^f any such 
applicant, they shall direct their Treasurer to pay, in moupy, to 
such person, the sum so allowed, to be paid in advance, monthly or 
quarterly, as said Board may direct; but if any one of the said 
Boards shall deem it best to purchase provisions or clothing, in 
quantity, (which they are hereby empowered to do,) then the said 
Board may order and direct the said payment to be made from 
such purchased articles. 
Secretary and IV. That the said Boards shall each appoint a person Secretary 
Boardr^' ** ^ and Treasurer, of their own body or otherwise, as they may decide, 
who shall keep a record of all transactions, be responsible to said 
Board, and give bond, payable to said Board, in such sum, and 
with such sureties, as the said Board may direct, for the faithful 
performance of the duties of his office. 
Tax, when to V. That the State Tax Collectors of said tax districts shall col- 
be collected, jg^^ ^^^ ^^^ directed by said Boards at the same time that they 
collect the said State tax, and shall pay the same over to the Treas- 
urers of said Boards, respectively, when collected. 
Mnnnerofcol- VI. That the said Tax Collectors shall pursue the same mode 
lectingtax. ^^^^ manner in collecting said tax as ihey now do respecting other 
• District taxes, and shall be liable to all the penalties respecting said 

tax as they now are respecting other District taxes ; and the Slieriffs of 
the Judicial Districts with whom executions may be lodged for the 
collection of said tax, shall be liable to all the penalties they now 
are by law, respecting the other District taxes. 
Receipts and VII. And Said Boards shall make returns of their receipts and 
Foardsto"make expenditures to the Courts of Common Pleas of their respective 
returns of. Districts, at the Fall Terra thereof, and shall be liable to the same 
penalties for default or neglect of duty as the other District Boards 
are now liable to, according to law. 
Boards, by VIII. That each of the said Boards shall consist of not more 

whom ap- , i i ^ i • i i t • n 

i>ointed. thau ten, nor less than nve persons, to be appointed by Joint Keso- 

lution of the General Assembly, to continue in office for one year. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMi^S SIMONS, Speaker House of Representatives. . 



No. 4570. AN ACT to Provide More Efficient Police Regulations 
FOR the Districts on the Sea Board. 

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 for each of the Districts of Beaufort, Colleton, Charles- 
Police Court, ton, Georgetown and Horry, a Police Court is hereby constituted, 
to continue so long as a foreign enemy has possession of any part 



OF SOUTH CAROLINA. 15 

of the coast of South Carolina, whose jurisdiction shall extend to ^- '^- isf'i. 
all matters of criminal and police regulation over the slaves and "^ ' 

free persons of color in said Districts: Provided, That this Act 
shall have no operation within the corporate limits of the city of 
Charleston. 

II. That within the limits of these Districts, respectively, the said Powers of. 
Courts shall have full power, in regard to slaves and free persons of 

color, to establish such regulations, and inflict such puuishments 
as they, in their discretion, may deem that the exigencies of the 
time require, any law now existing to the contrary notwithstanding; 
and the action of said Courts, in such cases, shall be final and with- 
out appeal; and said Courts shall have power to impose penalties, 
and to issue executions, when not exceeding twenty dollars, for the 
collection thereof, upon all persons who shall be summoned, under 
the provisions of this Act, to do police duty, and shall fail to per- 
form the same. 

III. That said Police Courts shall consist of a Provost Marshal ^honr'com-^ 
and four other persons, to be appointed by the Governor, for each posed. 

of the Districts above named, respectively, to be selected from a list 
of persons to be recommended to him by the Senators and Repre- 
sentatives in the General Assembly for that District; the Provost 
Marshal to preside over said Court, and to be charged with the exe- 
cution of its judgments. 

IV. That the Provost Marshal shall have authoiity to appoint as Deputy Mar- 
many Deputy Marshals as he may deem necessary, within his Dis- 
trict, whose duty it shall be to execute such orders as may be given 

by their chief, and such Deputy Marshals may call to their assist- 
ance such number of citizens, not on military duty, as may be re- 
quired. 

V. That the said Provost Marshals shall have a general super- ^1^,*,™]];,!^'"°!°^*^ 
vision of the patrol of their Districts, respectively, and may call out liaVe control of. 
the same, or any part thereof, at any time, and prescribe the duties 

to be performed by them, and shall direct and control, through 
their proper officers, the entire militia of their respective Districts, 
for police purposes: Provided, Said militia are not at the time un- 
der orders to serve against the public enemy. 

VI. That said Provost Marshals may themselves, or bv their Arrests, how to 

-r>. • 11-, • 1 • 1 • TN- J • A. ' ^ be made. 

Deputies, arrest such white persons, within their Districts, respect- 
ively, as the said Provost Marshal may consider dangerous to the 
community, and a commitment under the hand of such Provost 
Marshal, setting forth the cause of arrest and imprisonment, shall 
be sufficient authority to hold such persons until discharged by or- 
der of a Judge, at Chambers, or in due course of law, at the next 
term of the Court of General Sessions within said District; and the 
Provost Marshals and their Deputies shall be ex officio Magistrates 
in their respective Districts, except for the trial of small and mean 
causes. 

VII. That whenever the Provost Marshal, or any Deputy Mar- Special Police, 

com DGnsQ/Lion 

shal under his authority, shall deem it expedient to retain upon of. 
special police duty any citizen or citizens more than two days, con- 
secutively, the Provost Marshal may, at his discretion, give to each 
person so employed a certificate of service, which shall entitle the 
holder to such sum of money as may be certified by the Provost 



16 STATUTES AT LARGE 

A. D. 1861. Marshal, not exceeding two dollars per day for the time such per- 
"^ sou has been on duty. 

VIII. That the Deputy Marshals shall be entitled to compensa- 
sha'is!*compen- ^'^^^ ^^ '^® ^^^^ of three dollars per day while engaged on duty; and 
sationof. all moneys necessary to carry the provisions of this Act into effect, 

in each District, shall be raised by an assessment upon the general 
tax of such District; and the Tax Collectors of each of said Districts 
are hereby required to assess and collect, annually, from the tax- 
paying citizens of his or their Districts, such sums as the Police 
Courts hereby established shall direct; and the Provost Marshal of 
each district shall render an account, annually, of his receipts and 
expenditures to the Treasurer of the Lower Division. 
Owners and IX. That all owners or overs'-ers of negroes, or other persons in 
quiredTo aid.''" Control of slaves, are hereby required to give their aid and assistance 
to carry out the orders of the Provost Marshal of the District, in re- 
gard to all matters of police regulation relating to such slaves; and, 
upon failure to do so, shall be subject to indictment for misdemeanor, 
or attachment. 
Governor may X. That the provisions of this Act may be extended to other 
Act"*^ ^^^^^ Districts of this State by proclamation of the Governor. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and indepen- 
dence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



Xo. 457L AN ACT to Extend Relief to Debtors, and to Prevent the 
Sacrifice of Property at Public Sales. 

1. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
Mesne or final same. That it shall not be lawful for any officer of this State to 
I'ur'^tTsme^or serve or execute any mesne or final process of any of the Courts of 
execute. tj^jg State for the collection of money, until after the expiration of 

the first session of the next General Assembly of this State, except 
in cases provided for in the second Section of this Act, and except 
process for military fines. 
Fraudulent II. That if the plaintiff, in any such mesne or final process, or 
i!ro'em'"'rein> ^^'^ agcut or attorney at law, shall make affidavit before some one 
cdy for." of the Clerks of the Courts of Common Pleas and GtMieral Sessions 

of this State, that iiis debtor has absconded, or is about to abscond, 
or that such debtor is removing, or is about to remove his property 
beyond the limits of this State, or is fraudulently disposing of the 
same, which affidavit shall be attached to such mesne or final pro- 
cess, before any action thereon, the said plaintiff in such mesne or 
final process may require the defendant to give a bond, payable to 
such plaintiff, in double the amount of the sum sued for, or of the 
amount of the judgment upon which such final process may be 



OF SOUTH CAROLINA. 17 

based, v^ith security, to be approved by the Clerk of the Court of ^- D. isoi. 
Common Pleas of the District in which such defendant may reside '^-— -y"'-— ^ 
or may be taken, conditioned for the delivery of the property of 
such debtor, liable to such process, or so much thereof as may be 
sufficient lo satisfy the plaintiff's demand, to the Sheriff of said 
District, or for the surrender of the body of the defendant, accord- 
ing to the exigency of such process, at the time at which judgment 
may be obtained on such debt in cases of mesne process, or at the 
time limited for the operation of this Act in cases of final process: 
Provided, hoivever. If such bond and security shall not be given 
within ten days after the defendant shall be served with a copy of 
the said affidavit, such defendant shall be deprived of the benefit of 
this Act; and, in the absence of defendant, a copy of such affidavit 
left at his place of residei^ce shall be equivalent to personal service. 

HE. That it shall be the duty of the Clerk before whom such pieik, duties 
affidavit may be made, forthwith to cause a copy thereof to be per- ^''• 
sonally served on the defendant, or left at his residence, with a 
notice requiring him to give the bond and security required by the 
second Section of this Act within ten days from the date of such 
service, and the Sheriff shall, immediately upon the filing of such 
affidavit, proceed to arrest the defendant, or take a levy of property, 
according to the exigency of the process to which such affidavit may 
be attached. 

IV. That all sales authorized or directed by any decree, rule or Sales, stay oa 
order of any of the Courts of this State, shall' be stayed until the all ordered, 
same shall be renewed by one of the Judges of the Court making 

such decree, rule or order, either in open Court or at Chambers. 

V. That the operation of the Statute of Limitations be, and the . . Statute of 
same is hereby, suspended during the period in which this Act is of Imtiai sLspen- 
force, so far as applicable to causes of action coming within the ^^io^io^'- 
meaning of this Act. 

VI. That while this Act remains in force, debts due on open 
accounts, and other demands not heretofore bearing Interest by law, 
shall bear interest at the rate of seven per centum per annum. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Enable Volunteers in the Military Service to No. 4572. 
Exercise the Right of Suffrage. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the Suffrage to be 
same, That during the continuance of the existing war between the cftfJens'^hi n?iN 
United States and Confederate States of America, the members of ''="y se»-viee— 
all volunteer companies made up of citizens of this State, including; Ing'^election*! 
Vol. 13-2 ^ 



18 STATUTES AT LARGE 

A. D. 1801. all field and staff officers, who shall be absent from home in the 
^'~"<~~^ military service of the country, upon the happening of any general 
or District election, shall have the same right of suffrage as if 
present in their respective election Districts; and to enable them to 
exercise the said right, it shall be the duty of the commissioned 
officers, or a majority of those present, on duty, cotnnianding any 
such company of volunteers, after first being duly sworn, to manage 
the same fjiirly and impartially, according to law, to open a poll 
from twelve o'clock, noon, until two o'clock in the afternoon, in 
their respective companies, on the day fixed for any election, and to 
receive the votes of all volunteers, including field and staff officers, 
who are qualified to vote under the Constitution and laws of this 
State. 
Managers, II. That immediately after closing the polls it shall be the duty 

duty of. ^^ ^j^g Managers to count the ballots and make a statement of the 

result, certified under their hands, and dispatch the same, with a 
list of the names of the voters, under sealed cover, either by mail 
or by a special messenger, as they shall deem best, as follows: That 
is to say, if the election be for members of Congress, the certificate, 
together with the ballots cast, to the Governor of the State or to 
the Secretary of State, and if for members of the General Assem- 
bly, or any District officer, the certificate of the result to the Clerks 
of the Courts of the respective Judicial Districts; and it shall be 
the duty of the said Clerks to receive and be responsible for such 
returns, under the penalties provided by law for neglect of official 
duty, until delivered to the Managers of Elections as herein pro- 
vided. 
District Man- HI- That it shall be the duty of the managers of the several 

agcrs, fluty of election Districts to re-assemble at the Court House, or other place 

under Act. -iii n ■ 1111 i r- oi 

appointed by law for countnig the ballots, on the first baturday 
next ensuing any such election, at which time and place it shall be 
the duty of the Clerks of the Courts, under the penalties aforesaid, 
to deliver to the managers the returns, if any have been received 
by them from tne ariuy ; and the said managers shall forthwith 
proceed to aggregate the returns thus received with the returns 
which shall have been previously made by them from the District 
precincts, and declare the election as is now provided by law. And 
if, upon the re-assembling of the managers for the purpose afore- 
said, it shall happen that no returns, or only partial returns, have 
been received from the army, then it shall be their duty to declare 
the election according to the result of the ballots cast at their Dis- 
trict precincts, and the returns, if any, received. 
Repugnant ^^ • That all Acts and parts of Acts repugnant to this Act, be, 
Acts suspend- and the same are hereby, suspendi'd in their operation for and dur- 
ing the continuance of the war between the United States and Con- 
federate States of America. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and indepen- 
dence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



OF SOUTH CAROLINA. 19 

AN ACT TO Authorize the City Council of Charleston ro a. d. isei. 

Issue and put in Circulation Notes Receivable in Taxes ''~~v ' 

OR Dues to the City. No. 4573. 

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

the same, That the City Council of Charleston is hereby authoi'- , Small bills to 

, . ' , .•'.,. .„ • 1 ,. ''c i.ssued by 

ized to issue and put in circulation notes or certihcates, in the form City Council of 

hereinafter prescribed, of the denomination of one, two and three ar eston. 

dollars, and such small bills as the City Council may direct, which 

notes or certificates, so to be issued, shall be receivable in payment 

of taxes and other dues to the City of Charleston, for the sums 

therein expressed ; the whole amount of such notes or certificates 

not to exceed the sum of three hundred thousand dollars: Provided, 

That the amount of bills under the denomination of one dollar 

shall, at all times, be equal to one-third of the amount issued by 

said City Council under this Act. And the said notes shall be in 

the following form, viz : " This note shall be received in payment of 

taxes and other dues to the City of Charleston, for ," and 

shall be signed by the Mayor and Clerk of Council, or such other 

person or persons as the Mayor may appoint for that purpose, and 

shall be redeemed, on demand on the Mayor, in notes of any of the 

Banks of this State. 

II. In case of the refusal or neglect of the Mayor and City Refusal to re- 
Council to redeem any of the said bills on demand, as hereinbefore ^j^^em penaiues 
provided, the holder shall be entitled to the same remedies at law 

against the City of Charleston as he would be entitled to against 
any banks in this State, in case of their refusal to redeem their 
notes. 

III. That the provisions of this Act shall cease and determine ^Limitation of 
on the first day of January, which shall be in the year one thousand 
eight hundred and sixty-five. 



Act. 



In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and indepen- 
dence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT to Amend an Act entitled "An Kct to Provide a No. 4574. 
Patrol and Military Guard for 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 the authority of the 
same, That an Act entitled "An Act to provide a patrol and mill- .^°'"^er Act 
tary guard for the city of Charleston, and for other purposes," rati- 
fied on the twenty-eighth day of January, in the year of our Lord 
one thousand eight hundred and sixty-one, be, and the same is 



20 . STATUTES AT LARGE 

A. D. isiu. hereby, extended and made of force for and during the continu- 
^'^^"'^'^'^ ance of the existing war between the United States and the Con- 
federate States of America. 
Resigna- H- That no person enrolled as a member of the Patrol and INLili- 
tionsnndwith- favy Guard, according to the provisions of the said Act, shall be 
permitted to resign or withdraw from the company to which he is 
attached, without giving six months' previous notice of his intention 
to do so, unless by the written consent of the officers commanding 
the company from which he proposes to withdraw : Provided, That 
no company shall increase, by election, the number of active 
members they now have on the enrollment last returned lo the 
chief, under the provisions of the said Act of eighteen hundred and 
sixty-one, and that they shall not elect any more members during 
the year than shall be necessary to fill vacancies occasioned by 
death, resignation, or otherwise, so as to keep up the number of men 
now returned. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



Ko. 4575. AN ACT to Provide for the Payment by the State of the 
War Tax of the Confederate States, and for the Collec- 
tion OF the same from the Tax payers in this State. 

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

Confederate Same, That when the chief Collector of the Confederate States for 
war tax, how 10 South Carolina shall have completed the assessments and tax returns 
*^ '^''^ ■ in this State, and the sum total of the said War Tax ])ayahle by the 

people of the State shall be made known, it shall be the duty of the 
Treasurer of the Lower Division and the President of the Bank of 
the State of South Carolina, to deduct from the sum total of the tax 
as aforesaid ten per centum, as provided by the Act of Congress of 
the Confederate States, and to pay the amount of the residue thus 
ascertained into the Treasury of the Confederate States in such 
manner as the Secretary of the Treasury of the Confederate States 
may direct, on or immediately before the first day of April, one 
thousand eight hundred and sixty-two, as fixed by the Act of Con- 
gress aforesaid, or such other day as may be appointed by authority 
of the Confederate States. 

II. That to provide the funds to pay the tax as aforesaid, the 
be provided. Treasurer of the Lower Division and the President of the ]5ank of 

the State of South Carolina are hereby authorized and directed to 
borrow an amount of money equal to the net sum of the said tax, 
and to pledge the faith and funds of the State of South Carolina for 
the payment of the said loan and the interest to accrue thereon ; 



OF SOUTH CAROLINA. ^ 21 

and jointly to sign, on behalf of the State, the contracts made for ^- ^- is'^i- 
the said loan. ""■""V-^ 

III. That it shall be the duty of the Treasurer of the Lower Di- p,„,.„ „f ..^ 

ijiT-»-i /.iT^ioir^ 1. -booKs 01 tax 

vision and the President or the Bank of the State, on making pay- returns to be 
ment of the tax as aforesaid, to procure from the chief Collector of '^^"^^■I'^^ted. 
the Confederate States the books containing the tax returns for the 
said War Tax, of all the tax districts in South Carolina, and to dis- 
tribute and deliver the same to the several Tax Collectors of this 
State. 

IV. That each Tax Collector shall execute his bond, with three Bonds, Tax 
good sureties, to be approved and deposited as bonds of Tax Col- Collectors to 
lectors are now required by law, in a sum equal the amount of the ^'^^' 
general tax for his collection district for the year one thousand eight 

hundred and sixty-one, which said bonds shall be executed ^nd de- 
posited with the proper officer on or before the first day of April 
next. And in case any Tax Collector shall foil to execute his bond, Collectors to 
in manner aforesaid, by the time aforesaid, the Governor is cuse^of^negfel't 
hereby authorized and required to appoint a Collector in the place to execute 
of the Tax Collector so making default ; and the person so appointed ^°^'^^- 
shall execute his bond, in three times the amount of the general tax 
of his Collection District for the year last preceding his appoint- 
ment, with three good sureties, to be approved and lodged in the 
proper office, as now required by law of Tax Collectors, within two 
weeks after the date of his appointment, and before he enters upon 
the duties of his office. 

V. That it shall be the duty of the Tax Collectors to open their Books to 
books to receive payment of the said War Tax, on a day not later j\*^tg°?t!"®^S?"* 
than the fifteenth day of June, one thousand eight hundred and June. ^^^ 
sixty -two, and to keep them open until the last day of July fol- 
lowing, exclusive, and to give notice of the same, in the same manner 

as in the collection of the taxes of the State. And all tax-payers 
who shall make payment on or before the said last day of July 
shall be entitled to a deduction of five per centum from the amount 
of their tax ; and the Tax Collectors are hereby authorized and 
required to make the said abatement. 

VI. That it shall be the duty of the Tax Collectors to re-open Books, when to 
their books on the fifteenth day of October, one thousand eight '^^ re-opened. 
hundred and sixty-two, and keep them open until the fifteenth day 

of November following, giving the same public notice as before, to 
receive the taxes of such persuns as may not have paid on or be- 
fore the last day of July aforesaid : Provided, That no abatement 
shall be made of the full sum assessed of the taxes to be paid 
during tlie second opening of the books, as herein provided. 

VII. That the tax to be levied and collected, as aforesaid, shall xaxtobetb 
be the same in amount and in lieu of the war tax of the Con- samTa^ Con- 
federate States levied under the Act of Congress entitled "An £'l!™*^ '^''^ 
Act to authorize the issue of Treasury Notes and to provide a 

War Tax for their redemption," approved the nineteenth day of 
August, one thousand eight hundred and sixty-one, and the Tax 
Collectors shall collect the same in conformity with the returns 
and amounts set forth in the books of Tax Collectors of the Con- 
federate States, furnished them by the Treasurer of the Lower 
Division and the President of the iBank of the State of South Ca- 
rolina, as hereinbefore provided. 



22 , STATUTES AT LARGE 

A. D. 18C1. VIII. That the compensation to be allo^\ed to Tax Collectors 
^"""^Y^"^ for the collection of the tax aforesaid, and the discharge of all the 
Cora nsation duties prescribed in this Act, shall be as follows, to wit : Two per 
to Collectors, centum on the first ten thousand dollars of the sums collected, and 
one-half of one per centum on the remainder of the same : Pro- 
vided^ That in no case shall the compensation be less than three 
hundred dollars nor more than six hundred dollars: And provided. 
That the compensation of the Tax Collector for the Parishes of 
St. Philip and St. Michael shall be two thousand dollars. 
Returns, when I^- That returns shall be made as usual by the Tax Collectors 
and to whom to to the Treasurer of the Upper Division and the Treasurer of the 
e ma e. Lower Division, within thirty days after the respective dates in 

this Act mentioned for the closing of the books, and the moneys 
collected paid into the Treasury within the same time. 
Tax to be X. That the Treasurer of the Lower Division and the President 
(irawnfromthc of the Bank of the State of South Carolina are hereby authorized 

treasury, and , . ,m n \ r~i ^^ i-^i^i 

by whom. to draw from the ireasury or the State all sums deposited therein 

as the produce of the war tax aforesaid, and apply the same, as 
it may be paid in, to the gradual reduction and final extinguish- 
ment of the loan made by them, both of the principal and interest 
thereon : Provided, however, That no more of the said moneys shall 
be drawn than is necessary to discharge the principal and interest 
of the debt. 
Existingpcn- XI. That all existing penalties and forfeitures imposed by law, 

allies made of , i, , • • i i i p ^i -:• ^ i- ,.\ 

force. and all other provisions made by law lor the entorcemeut ot the 

collection of State taxes-, are hereby adopted and applied to the 
collection of taxes under this Act, and the said taxes shall be pay- 
able in the medium provided by law for the payment of State 
taxes. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4576. AN ACT to Authorize the Issue of Stock, to the Amouxt 
OF One Million Eight Hundred Thousand Dollars, for 
the Military Defence of the State, and for Other Pur- 

I'OSES. 

Military de- AVhercas it is necessary to raise the sura of one million eight 
aulhori^ed! ^°'" hundred thousand dollars, by loan, for the military defence of the 
State ; therefore, 

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

be'^maS""' ^^ m«it and sitting iu General Assembly, and by the authority of the 

same, That the President of the Bank of the State of South Caro- 



OF SOUTH CAROLINA. 23 

lina and the Treasurer of the Lower Division shall be, and they ^- ^- i'^'^^- 
are hereby, authorized and empowei'ed to sell, for ready money, ^""^y^""'^ 
one million eight hundred thousand dollars of the stock of this 
State, bearing seven per cent, interest, at such times, and in such 
sums, as the public exigencies may require. 

II. That the Treasurer of the Lower Division shall, from time Stock certifi- 
to time, make out certificates of stock, bearing an interest of seven ffgued. ^^^ °°^ 
per cent., payable semi-annually, in the names of such persons or 
corporations, and in such sums, as may be required by those pur- 
chasing said stock, not exceeding in all the said sum of one mil- 
lion eight hundred thousand dollars. 

III. That the Treasurer of the Lower Division shall open a set of „.^j-^°°^^^ °^ 
books, and shall enter therein, in proper order, the names of all 

persons and corporations who shall become purchasers of the stock 
hereby created and directed to be issued, and shall conduct the 
business in the same manner, and with the same checks, as has been 
heretofore done in relation to other stock issued bv this State. 

IV. That the following shall be the form of the certificates of ^J^Q/^of «e'- 
stock hereby authorized to be issued : 

State of South Carolina: 

No. , Charleston, 

Be it known that there is due from the State unto , or 

assigns, the sum of , bearing interest at the rate of seven per 

cent, per annum, from the day of , eighteen , payable 

semi-annually, and not subject to redemption before the day 

of , eighteen , created by virtue of an Act to authorize 

the issue of stock to the amount of one million eight hundred 
thousand dollars, for the military defence of the State, and for other 
purposes, passed in December, one thousand eight hundred and 
sixty-one ; which debt is transferable only by the proprietor, or 
proprietors, or their attorneys, in the books of the Treasury in 
Charleston. 

President of the Bank. 
Treasurer of the State of South Carolina. 

V. That any certificate of stock issued under the authority of . Counter- 
this Act shall be countersigned by the President of the Bank of the ^'^"^^ 

State of South Carolina. 

VI. That the interest on the said stock shall be paid semian- interest, 
Dually, on the first day of July and the first day of January, in ^'^^'^ payable, 
each year, at the Treasury of the Lower Division. 

VII. That the said stock, so to be issued, shall be redeemable as Stock, when 
follows: One hundred thousand dollars on the first day of July, in I'^deemabie. 
the year eighteen hundred and sixty-seven, and one hundred thou- 
sand dollars on the first of July in each succeeding year thereafter 

until the whole amount be paid ; and the certificates to be issued 
shall conform to this arrangement, so that certificates to the amount 
of one hundred thousand dollars shall be made payable in each 
year, from the first of July, eighteen hundred and sixty-seven, to 
the first of July, eighteen hundred and eighty-four. 

VIII. That the faith of the State is hereby pledged for the re- stock, faith of 
deraption of the stock issued under this Act, and the interest on the St^'te pledged 
said stock, and the said sura of one hundred thousand dollars, so to tion." 

be paid, annually, from eighteen hundi-ed and sixty-seven to eighteen 



24 



STATUTES AT LARGE 



A. D. im. hundred and eighty-four, inclusive, shall be raised and provided 
*''"~^^'"~^ for b}' taxation. 

Sales of stock. ^^- That the President of the Bank of the State and the Treasu- 
Ly wiioui to be rer of the Lower Division be, and they are hereby, authorized to 
sell and dispose of the said stock, and to deposit the funds arising 
therefrom in the Treasury of the State, and that the Treasurer of 
the Lower Division bo allowed, in addition to the compensation now 
allowed him, four hundred dollars annually to provide for the addi- 
tional expense of clerk hire necessary to the proper discharge of 
the duties imposed by this Act. 
Debt due the X. That the sum of six hundred and fifty-nine thousand two 
Stnte by the hundred and ninety-four dollars and six cents, now due to the State 

Coulederate « ^ , ^, ,. •, i /-^, /• i r> f a 

States, how 01 South Carolina by the Conteuerate States oi America, as appears 
disposed of. j^^ ^j^^ report of theHonorable "\V. G. DeSaussure, Secretary of the 
Treasury, made to His Excellency the Governor, Avhen collected 
from the Government of the Confederate States, or any part of the 
same that may be collected, is hereby ordered to be deposited in the 
Treasury of the State of South Carolina. 

In the Senate House, the tw^enty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and inde- 
pendence of the State of South Carolina. 



WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4577. AN ACT for Rebuilding the City of Charleston, After the 

Recent Conflagration. 



Bond 
ernor to issue 



"When 
blc. 



Interest 



Bonds, form 
and sums. 



I. Be it enacted by the Senate and House of Representatives, now 
Got- met and sitting in General Assembly, and by the authority of the 
same. That the Governor of the State of South Carolina be, and he 
is hereby, authorized and directed, in the name of the said State, to 
issue bonds, certificates of stock, or other contracts, to be counter- 
signed by the Comptroller General, not exceeding in all the sum of 
one million of dollars, which bonds, certificates of stock, or other 
contracts, shall be made payable as follows, viz: Bonds, certificates 
of stock, or other contracts, to the amount of two hundred and fifty 
thousand dollars, shall be payable on the first of January, eighteen 
hundred and seventy-two, and others, to the like amount of two 
hundred and fifty thousand dollars, shall be made payable on the 
first of January in each succeeding year, until the whole amount is 
paid, the same to bear interest at the rate not exceeding seven per 
cent, per annum, for the purpose of procuring a loan en the credit 
of the State to rebuild that portion of the city of Charleston now 
lying in ruins; that the said Itonds, certificates of stock, or other 
contracts, be issued in such form, and for such sums, and the prin- 
cipal and interest be made payable at such times and places as 
shall be most effectual in procuring the said loan, either in Europe 
or America ; and that the faith and funds of the State of South 



OF SOUTH CAROLINA. 25 

Carolina be, aud the same are hereby, pledged to secure the punc- ^- ^- ^^''i- 
tual payment of the said bonds, certificates of stock, or contracts, '"""^y'""^ 
with the interest thereon. , 

II. Tliat in order to effect the saia loan, the Governor is author- 
ized and directed to commission such agent or agents as the Pres- 
ident and Directors of the Bank of the State of South Carolina 
shall appoint, which said agent or agents shall be empowered to 
receive the said bonds or contracts from the Governor and Comp- 
troller Genera], and to make all such arrangements as in his or 
their judgment may be deemed expedient for procuring the said 
money, and placing it to the credit of the State, subject to the draft 
or order of the President of the Bank of the State of South Ca- 
rolina, 

III. The President and Directors of the said Bank are authorized Loans to be 
and required, from the moneys so borrowed, to loan to such appli- mf"ie. 
cants as will rebuild the portion of the city of Charleston which 

has been destroyed by the late fire, one million of dollars, if so much 
be required, under the following terms and regulations, viz: 

Clause 1. As soon as the said loan, or any portion thereof, may. Loans, how 
be effected, any applicant desiring to build upon the said burnt to be made, 
district may avail himself of the benefit thereof by making appli- 
cation to the said bank, setting forth a description aud estimated 
cost of the building he proposes to erect, together with the situation 
and dimensions of the lot whereon the building is proposed to be 
placed, and an abstract of his title thereto ; and upon the President 
and Directors of the said Bank being satisfied with the title, and 
that it is free from incumbrance, they shall direct the said lot to be 
valued by the Commissioners hereafter named, who shall certify 
their valuation to the President and Directors, whereupon the said 
President and Directors are authorized and instructed to loan to the 
said applicant one-half of the appraised value of his said lot: Pro- 
vided, That before any loan be actually made, and money advanced 
to said applicant, it shall appear that work has been done to the 
amount of one-fifth of the estimated cost of the building; and all 
applications for the said loan shall be made within three years 
from the passing of this Act. 

Clame 2. The applicant shall enter into bond, in a sufficient Applicants to 
penalty, with condition to pay to the President and Directors of the siye bond. 
said Bank of the State each principal sum which may be loaned 
him, in ten equal annual instalments, the first of which shall be 
payable within four years from the date of the bond ; also, with 
condition to pay the interest annually ; also, with the further con- 
dition that the money loaned shall, within one year from its receipt, 
be expended in the erection of brick or stone buildings, with roofs 
or coverings and cornices of incombustible material, upon the said 
lot of land ; and, also, that the said applicant shall, in all respects, 
comply with the provisions of this Act ; and the said bond shall be 
secured by a mortgage of the lot of land, which mortgage shall be 
in the following form : " I, do assign over to the President Mortgage, 

and Directors of the Bank of the State of South Carolina, their ^"""^ °^- 
successors or assigns, forever, my — [here describe the estate partic- 
ularly] — which estate I declare to be in mortgage for securing the 
repayment of such sura or sums of money as may be loaned under 
the Act for rebuilding the city of Charleston, passed in December, 



26 STATUTES AT LARGE 

A. D. 18(51. eighteen hundred and sixty-one, with interest, insurance, and so 
""^ forth, and agree that the same may be exposed for sale, according 

to the provisions of the said Act, if do not repay the prin- 

cipal, interest, insurance, and ^o forth, at the several and respective 
times on which they shall be lawfully due and payable. Witness 
hand and seal, this day of , one thousand 

eight hundred and sixty ." On which mortgage, should 

the applicant be married, a renunciation of dower by the wife shall 
be made, according to law, and which mortgage shall be valid, to 
all intents and purposes, as if more formally drawn; and if the said 
mortgage should, at any time, become forfeited, either by failure 
to pay any part of the principal or interest of the said debt at the 
time specified, or by a breach of any of the conditions of the said 
bond, the President and Directors of the said Bank shall and may, 
after six months' notice to the obligor, his heirs, executors, admin- 
istrators or assigns, either personally served or published in one or 
more public gazettes in the city of Charleston, proceed to sell the 
property mortgaged, by auction, as hereinafter provided, for the 
best price that can be obtained for the same, which said sale shall 
be advertised for three weeks previously, in one or more of the 
public gazettes of the city of Charleston ; and the moneys arising 
from such sale shall be applied by the President and Directors of 
the said Bank in satisfaction of the said bond, and any expenses 
ai'ising from the said sale, any law, usage or custom to the contrary 
thereof in anywise notwithstanding; and the purchaser at such 
sale, his heirs and assigns, shall be deemed to be seized of a good, 
and absolute, and legal estate, in fee simple, of the premises pur- 
chased, as against all persons whomsoever, their heirs and assigns, 
not claiming by or under a paramount title. 

3. Whenever the amount first loaned shall have been expended 
in the erection of buildings as aforesaid, the said applicant, his 
heirs at law, legal representatives, or assigns, may make applica- 
tion for a further loan, whereupon the President and Directors 
of the said Bank shall cause the said Commissioners to ascer- 
tain and report whether the sum originally loaned has been applied 
as aforesaid, and upon the same being certified to the said President 
and Directors, they shall make to such applicant, his heirs at 
law, representatives and assigns, a further loan, equal in amount 
to one-half the appraised value of said lot, should so much be 
necessary to complete the improvements thereon, which said 
loan shall be taken upon the same terras, and subject to the 
same conditions, as the first; and a further loan shall be made, 
equal to one-half the value of the lot, should so much be required, 
to complete the improvements thereon, whenever the said Commis- 
sioners shall certify to the President and Directors of the said bank 
that the amount already loaned has been actually expended agreea- 
bly to the provisions of this law, and as soon as a good policy of 
insurance upon the property shall have been duly assigned to the 
bank; and the said additional loans shall be taken, subject to the 
same conditions, and shall be secured in the same manner as the 
first. And in case any part of the said one million of dollars shall re- 
main after making the said loans, the same may be lent to any ap- 
plicant, or his heirs at law, representatives or assigns, for the pur- 
pose of completing his improvemeuts, upon such securities as may 



Further loans 



OF SOUTH CAROLINA. 27 

be deemed satisfactory by the President and Directors of the said ^- ^'^ 
bank. ~^ 

4. The valuation of the lots upon which the said loans are to be commission- 
made, and also the certificate of expenditures upon the buildings, ers^ of vaiua- 
shall be n)ade by a Board of five Commissioners, two of whom shall 
be appointed in behalf of the State by the bank, and two in behalf 
of the city by the City Council, and a fifth to be chosen by the 
other four; and in case any vacancy occur, it shall be filled by 
the same parties who had appointed to the place so become vacant ; 
and the said Board, or a majority, (having been first duly sworn 
to the faithful discharge of their duty,) shall, in all cases where a 
loan is to be made or increased, certify their valuation to the bank, 
and make such report of facts as may be necessary and proper 
to enable the said bank to discharge its duty to all interests con- 
cerned. 

f>. In all cases where the value of the lot has been loaned, it shall Insurance to 
be the duty of the borrower to cause insurance to be effected upon ^ ^^ 
the buildings thereon, and to keep the same renewed, and to assign 
the policy to the bank as collateral security ; and in case the said 
borrower shall neglect so to do, the bank shall cause insurance to 
be effected or renewed in behalf of the President and Directors of 
the said bank, and shall demand from the said borrower the pre- 
mium of insurance jDaid, and all expenses ; and if the same are 
not paid within two months, then the bond given by such borrower 
shall be considered forfeited, and he shall forthwith be bound to 
pay up the whole of his debt, as though the instalments had all been 
made payable at such date of forfeiture, if the said bank shall deem 
it expedient to require payment of the same ; and in all cases where 
a policy of insurance is required by this Act, the bank may accept, 
in lieu thereof, some other collateral security. 

6. No loan shall be made upon any lot upon which there may be Wooden 
a wooden building, unless sufficient security be first given that the ciudid^^ from 
same shall be removed within one year from the passing of this loan. 

Act, 

7. The interest to be charged on the said loans shall be fixed at Interest on 
as low a rate as will cover the interest to be paid by the State, with °''"^^' 

the necessary charge of remittance; but the said rates shall, in no 
event, exceed eight per cent, per annum. 

8. The applicant for a loan may execute a single bond, with a single bonds, 
penalty sufficient to cover all loans which may be made to him, in 

virtue of the said Act, and a single mortgage to secure the said 
bond ; and the said bond and mortgage shall be so framed by the 
Attorney General as to embrace all the loans which may be made 
under the said Act ; and the mortgage, so executed, shall be deemed 
and taken as effectual to protect and secure all such loans as are 
within the amount of the penalty of the bond, in the same manner 
as though the whole amount, which shall be subsequently loaned, 
had been loaned at the date of the said bond and mortgage. 

9. The applicants for the said loan shall be required to furnish Abstract of 
the bank only with an abstract of their title, and with such title deeds"°unVe- 
deeds as may be in their possession, not recorded. They shall not corded. 

be required to furnish copies of any evidence or muniment of title, 
or mesne conveyance, which has been recorded in the proper public 
office. 




28 STATUTES AT LAEGE 

10. The policy of insurance which shall be required from any 
applicant for a loan shall be deemed sufficient, if taken fn- such 
amount as it is customary for insurance officers within the State to 
take upon any single risk. 

_ Loan, prelim- H. Preliminary applications for the Said loan shall be received 

tion'for*'^^'"''^' ^^ ^^^ bank from any applicant, setting forth the description and 
estimated cost of the building proposed to be erected, together with 
the situation and dimensions of the lot whereon the building is to 
be placed ; and the President and Directors of the bank, upon re- 
ceiving such application, shall, even before information as to the 
condition of the title, direct the lot to be valued by the Commis- 
sioners appointed for that purpose; and the said Commissioners 
shall value the same, and certify their valuation in the manner pro- 
vided by this Act ; and the President and Directors of the Bank 
shall thereupon inform the applicant of the sum to which he will 
be entitled on complying with the provisions of the law ; but no 
loan shall actually be made until the applicant shall fully have 
complied with the provisions of this Act. 
Ordinance to IV- Before the said loan is effected, the city of Charleston shall, 

State'^^" *^ '^ by an ordinance to be duly ratified by the city authorities, guarantee 
the State against all loss to arise from loans to be made under the 
authority of this Act. 
Lessee or V. The lessee or tenant for life of any lot or lauds within the 

tenant for life, said district shall be allowed the benefit of the provisions of this 

loans may be . . .^ ^, ,, ^, . • i • • • ^i x 

made to. Act, it the owner of the reversion or remainder join in the mort- 

gage to secure the amount loaned, in such form as may be advised 
by the Attorney General. 
Mortgage a VI. The mortgage executed by the applicant shall be a charge 

charge upon upon the land in favor of the said bank and its assigns, from the 
date of its registry in the office of Mesne Conveyance, against all 
persons whomsoever ; and all mortgages shall be recorded, or lodged 
iu the Register's office for record, by the applicants, before any 
money shall be paid by the bank. 

Fees and duty VII. That the fees of each public officer who shall furnish cer- 

of officers. tificatcs to be used in procuring the said loan, shall be, as is usual, 
twelve and a half cents for searches through all their books for each 
name, and sixty-two and a half cents for their certificate; but no 
public officer shall demand or receive from any applicant for the 
said loan more than two dollars for all searches, certificates and 
services, which may be made, given or rendered in his office for the 
said applicant upon any one application for a loan j and every public 
officer who shall demand or receive more than two dollars for all 
searches, certificates and services, inclusive, or who shall refuse to 
perform the usual duties of the office at the request of any such ap- 
plicant, shall be deemed guilty of a misdemeanor, and upon convic- 
tion thereof before any Court of competeut jurisdiction, shall be 
subject to fine and imprisonment, at the discretion of the Court. 
Bond and VIII. That no charge shall be made against any applicant for a 

"h-'r'eFr ""^ loan, by the Attorney General, for the bond and mortgage required 
to be taken by the Bank, nor for any other professional service ren- 
dered by him in the arrangements for a loan. 

Buildings com- jx. That any person owning a lot upon which a brick or stone 

menced since ,,i^' , ^ ■, ■ i/« p-r\ i 

the fire, loans buiiding shall havc been commenced since the nre of December, 
der a"!*^*^ """ instant, shall be entitled to receive all the instalments of the loan 



OF SOUTH CAROLINA. 29 

which he could have claimed under this Act, if he had made appli- ^- ^- ^^^i. 
cation before the commencement of the work : Provided, He shall ^~'~v"^~'^ 
substantially comply with all the conditions required of an original 
applicant w'ho shall have received the same number of instalments, 
and shall substantially give to the Bank security equal to that which 
would have been required of such original applicant. 

X. And whereas the frequent visitations of the city of Charleston Fire-proof 
by fire, the destruction of property, and the loss of life occasioned ^'^^ ""^^• 
thereby, admonish the State of the evil of permitting other than 
fire-proof buildings in the said city; and whereas the funds of this 

State herein authorized to be advanced on the security of buildings 
in the said city may be endangered, and no inducement is offered to 
individuals to erect fire-proof buildings, so long as others are allowed 
to build in their immediate neighborhood of combustible materials; 
for remedy whereof, that hereafter it shall not be lawful to build, 
put, erect or construct, within the city of Charleston, any wooden 
or frame building or cornice, or to cover any building with a roof of 
combustible materials, except as now authorized by law. And all 
persons applying for loans under this Act shall be required, as one 
of the conditions of the loan, to have a cistern on each lot mort- 
gaged f tr the said loan. . 

XI. Whenever default shall be made in the payment of any of instalments, 
the instalments of the principal sum of any of the said loans, or of ufint ^of" rem- 
the annual,interest, premium of insurance, taxes, or incidental ex- ody for. ' 
penses, aforesaid, at the times respectively limited and appointed by 

this Act, it shall be the duty of the President and Directors of the 
Bank of the State of South Carolina to cause the property mort- 
gaged to secure the payment of any such loan to be sold for the 
satisfaction of the entire debt, as herein provided, and shall execute 
conveyance thereof to the purchaser. But such sale shall not be 
made for cash, but for such portion of the price for which the same 
may be sold as may be equal to the amount then actually due on 
the said loan to be paid in cash, and for such credit, as to the residue, 
as the debtor would have been entitled unto for the residue of the 
debt, if the part thereof then past due had been actually paid, and 
the purchaser at a sale of property so made shall give bond and 
mortgage, as provided for in this Act, and he shall be subject to the 
provisions of this Act in relation to the enforcement of payments, 
and the said President and Directors may require personal or other 
further security, if they consider the same expedient. 

XII. That the Commissioners of Public Buildings for Charleston Mortgages, 
District shall provide one or more volumes of blank forms of the be" p'^-ovided '° 
mortgage prescribed by this Act, to be furnished the Register of 

Mesne Conveyances for said District, in which the mortgages taken 
under this Act shall be recorded ; and the fee for recording such 
mortgages shall be one half the rates now allowed by law. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and independ- 
ence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



30 STATUTES AT LARGE 

A. D. 1801. ^^ ACT TO Incorporate the Insurance and Trust Company 
^'~^^'"~' OF Charleston, and the Calhoun Insurance Company. ■ 

No. 4578. 

I. Be it enacted by the Senate and House of Representatives, 
now met and sitting in General Assembly, and by the authority of 
Name. the same, That the persons who shall become stockholders, in the 

manner hereinafter prescribed, shall thereupon become, and they 
and their successors and assigns shall be, a body politic and cor- 
porate, under the name, style and title of " The Insurance and 
Trust Company of Charleston." 
Capital stock, ^^- The Capital stock of said company shall be two hundred thou- 
amountof. sand dollars, with the privilege of increasing the same to five hun- 
dred thousand dollars, which shall be divided into shares of twenty- 
five dollars each, and shall beraised in the following manner : The fol- 
ers'°to"rece'ive l^^^'^^g persons are hereby appointed Commissioners to receive sub- 
subscriptiuns.l scriptious, to wit: Charles Kerrison, Joseph Prevost and Samuel H. 
mo e. ]\Jortimer; and said Commissioners, or a majority of them, shall, on 
the thirtieth day of December, instant, and the day following, from 
ten o'clock of the forenoon until two 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 company, from all persons 
offering to subscribe thereunto, and paying, at the time of subscrib- 
ing, five dollars for each share subscribed by them, respectively — 
payment thereof to be made in specie, or in the bills of tjie banks of 
this State, or in stocks or bonds of the Confederate States, of the 
State of South Carolina, or of the city of Charleston, or in Con- 
federate Treasury Notes, or other good and valid securities within 
the Confederate States — the stocks, bonds and securities so taken, 
to be estimated by the Commissioners at the market value thereof, 
at the time of subscribing: Provided, That the said Commissioners 
shall give at least five days' notice, by advertisement in the daily 
papers of the city of Charleston : And provided, That should a 
larger sum than two hundred thousand dollars be subscribed, then 
the amount so subscribed shall be the capital stock of the company, 
with the privilege of being increased as above provided. 
Distribution HI- That if more than five hundred thousand dollai's shall be 
of shares, if subscribed, the Commissioners shall distribute the shares of which 

f^ubscnptions , • i i r. i • i ■ • i i 

arc in excess, the capital stock 01 the said company is to consist, among the sub- 
scribers, as nearly as may be in proportion to the number of shares 
subscribed by them respectively: Provided, aiivays. That no sub- 
scription for not more than five shares shall be reduced, unless the 
whole number of shares subscribed cannot be otherwise reduced to 
five hundred thousand dollars. 
Additional IV. That in case the number of shares subscribed on the two 

subscriptions days hereinbefore appointed for receiving subscriptions, shall be less 
than two hundred thousand dollars, the Commissioners shall con- 
tinue to receive, at any time within the ten days next ensuing, 
further subscriptions, not exceeding such number of shares as, with 
those already subscribed, shall make up the amount of five hundred 
thousand dollars, due public notice thereof having been previously 
given, as hereinbefore provided. 

V. That the said company, under its said name, shall have per- 
petual succession of officers and members, and all the powers, privi- 



OF SOUTH CAROLINA. 31 

leges aud franchises incident to a corporation, and shall be capable ^- ^- ^^^i- 
of taking, holding and disposing of their capital stock, according ^^~v— — ' 
to such rules, regulations and institutions, as they may, from time franchises°^lia- 
to time, establish ; aud also of taking, holding, disposing of or in- biuties. 
vesting, as the said corporation shall, from time to time, judge fit, 
the increase, profit and emolument of their said capital stock, to 
their own proper use; 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 and in equity, to sue aud be sued, im- 
plead aud be impleaded, answer and be answered unto, in all or in 
any of the courts or tribunals of this State, in all manner of suits, 
pleas and demands whatsoever; and they are hereby authorized 
and empowered to appoint a President aud other officers and Di- 
rectors, in such numbers, at such periods, and with such duties, as 
they shallsee fit; and also to make rules, by-laws and ordinances, 
and to do every thing needful for the good government and support 
of the affliirs of the said corporation : Provided, always, That the 
said rules, by-laws and ordinances shall not be repugnant to the 
Constitution and laws of this State, or of the Confederate States. 

VI. That the said corporation shall have a right and power to . Real estate. 
purchase, acquire, take and hold, in their corporate name, lands quire. 

and real estate, and the same to demise, grant, sell, assign and con- 
vey, in fee simple or otherwise: Provided, The clear yearly income 
of the real estate, so to be held, shall not, at any time, exceed tea 
thousand dollars. 

VII. That the said corporation shall have a right and power, by General pow- 
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 authenticity as they shall from time to time, 
in and by their rules and by-laws, ordain and appoint, to make con- 
tracts, and underwrite policies of assurance and indemnity upon 
marine risks, whether 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 Con- 
federate States, or within any of the rivers, bays, creeks, canals, or 
waters of this State, lying, or being, or laden ; and also, in like 
manner, to make contracts and underwrite policies of insurance aud 
indemnity against fire on all buildings, goods, wares, merchandise, 
and other property liable to destruction or accident by or from fire, 
or the eflTects thereof, situate, lying, being or deposited in this State 
or elsewhere; to lend or advance money upon bottomry or respon- 
dentia; to make insurance on lives; to grant and purchase annuities; 
to make any other contingent contracts, involving the interest of 
money and the duration of life; to receive money on deposit, al- 
lowing such rate of interest for the same as may be agreed on, not 
exceeding the legal rate of interest ; to lend money on the security 
of real or personal property, bonds, bills or promissory notes ; 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 aud pledge their said 
capital stock : Provided, That it shall not be lawful for the said 



32 STATUTES AT LARGE 

A. D. 1S61. company to lend money on the security of their own stock : Pro- 

^-^r^"^^ i)ided, also, That the total amount of" the moneys so received on 

deposit, or of the promissory notes and bills of exchange in the 

possession of the said company shall not at any one time exceed 

one-half its capital actually paid in : And provided, also, That the 

amount to the credit of any one depositor shall at no time exceed 

the sum of twenty thousand dollars: Provided, also, That in case 

of the failure of the company, each stockholder, co-partnership and 

corporation, having a share or shares therein at the time of failure, 

or at any time within six months previous to such failure, shall be 

held individually liable and bound to double the amount of the 

shares held by them, respectively, for the payment of all such sums 

as shall have been received by the company on deposit. 

Receiver, VIII. That it shall be lawful for the Court of Chancery, or any 

CourtsiDiiyap- other Court, to cause any money in the custodv or under the direc- 

point the com- ^. /■ ^i /-, ^ i i • , ■ ,■ i "• i 

pany. tion ot the Court, belonging to intauts or lunatics, or other persons, 

to be deposited with the said company; and it shall also be lawful 
for any Court to appoint the said company receiver, in cases in 
which a receiver is necessary ; and the said company, as such 
depository or receiver, shall allow an interest of not less than four 
per cent, on all sums so deposited or received, until the same shall 
be duly disbursed, without any charge for receiving or paying the 
same: Provided, That nothing herein contained shall be considered 
as enjoining on the said Court, but only as permitting such deposit 
or appointment. 
Powers c ^ That the said corporation shall be, and they are hereby, 

members. invested with full power to enforce upon their members the due 

observance of all laws, rules and regulations, for their better gov- 
ernment, under such penalties as they shall, in and by such by-laws, 
litnit and prescribe; and to that 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 all and 
any sum and sums of money, to the use of the said corporation, in 
as ample a manner as such suits might be maintained against per- 
sons not members of the said corporation ; any law, usage or custom 
. to the contrary thereof, in any wise notwithstanding. 
Votes pro- X. That in all elections, and other corporate acts done by the 

portioned to stockholders of the said company, every stockholder, being the 

owner of five shares, shall have one vote ; and for every additional 

ten shares, one vote: Provided, That no stockholder shall be entitled 

to more than forty votes. 

Business -^^- ^^ henever one-fourth of the capital of the said company 

commence- shall have been paid in, and satisfactory proof thereof shall have 

mentof. j^^^^ furnished to the Comptroller General, the said company shall 

be authorized to commence business. 

Invested. one- XII. That at least one-third of the capital of the said company 

third cnpitiii to ghall be permanently invested in stocks or bonds of this State, of 
the Confederate States, or of the city of Charlettou, or in any other 
good stocks or bonds of incorporate companies within the State; 
and the company ruay transfer and sell said stocks or bonds, or any 
part thereof, for the purpose of re-investment, whenever a due 
regard to the safety of its funds may require: Provided, hoivever, 



OF SOUTH CAROLINA. 33 

That the company shall not deal or trade in buying or selling any A. P. iSGi. 
goods, wares, merchandise, stocks or commodities whatever. " 

XIII. That the books of the said company shall be examined, ^^^^^^ ^^ 
from time to time, by such person or persons as the Legislature examined by 
may, for that purpose, appoint; and the persons so appointed shall the^^ Legisia- 
have full power to examine upon oath, to compel the attendance of 
witnesses and the productioa of papers, and inquire into the man- 
agement of the company; and in cases of mismanagement or viola- 
tion of their charter, the said company may be proceeded against by 

scire facias in the Court of Common iPleas and General Sessions for 
Charleston District, and, upon conviction, shall .be liable to have 
their charter annulled by the judgment of the Court. 

XIV. The Board of Directors of the said company are hereby _ Remaining 
empowered to call in the remaining instalments on the shares of the instalments. 
capital stock, in such sums and at such times as they may deem 
advisable: Provided, Two weeks' notice be given of each call. And 

the said instalments shall be payable in the same medium as here- 
tofore provided as to the first instalments of five dollars. 

XV. That the persons and bodies corporate who shall become g^SJ^^^com- 
stockholders in the manner hereinafter prescribed, and their sue- pany. 
cessprs, shall be a body politic and corporate, under the name, style 

and title of "The Calhoun Insurance Company, of Charleston." 

XVI. The capital stock of said company shall be two hundred capital Stock. 
thousand dollars, to be divided into eight thousand shares of twenty- 
five dollars each, and shall be raised in the following manner: The 
following persons are hereby appointed Commissioners to receive ^^Commission- 
subscriptions to the capital stock, to-wit: Samuel Y. Tupper, Wil- 
liam Kirkwood, John S. Riggs, George M. Coffin and C. D. Barbot. 

The said Commissioners, or a majority of them, shall open books at Books to be 
such places in Charleston as they shall appoint, on the thirtieth day "p^"'^ • 
of December, instant, from nine o'clock of the forenoon until five 
o'clock of the afternoon, and receive subscriptions to the said stock: 
Provided, The said Commissioners shall have given at least one 
day's notice, by advertisement in two daily gazettes in^the city 
of Charleston, of the time and place of receiving the subscrip- 
tions, and shall require a payment of five dollars on each share to 
be made at the time of subscription therefor— payment thereof to 
be made in the bills of the banks of this State, or in stocks or 
bonds of the Confederate States, of the State of South Carolina, or 
of the city of Charleston, or in Confederate Treasury Notes, or 
other good and valid securities within the Confederate States — the 
stocks'or bonds to be estimated at the market value by the Com- 
missioners. 

XVII. That subscribers paying their subscription money, respect- 
ively, shall form the company, upon complying with the conditions, 
and subject to the provisions hereinafter set forth. 

XVlil. That if. at the opening of the books, more than eight Distribution 
thousand shares shall be subscribed, the Commissioners shall distri- °^(,^'^^_'"*''' "' '" 
bute the eight thousand shares^ of which the capital stock is to con- 
sist, among the subscribers, as nearly as may be, in proportion to 
the number of shares subscribed for by them, respectively, but sub- 
scriptions of twenty shares or less shall not be reduced, unless the 

Vol. 13—3 



34 STATUTES AT LARGE 

A. D.isfii. whole nurober of shares subscribed for cannot otherwise be reduced 
^■"v— "^ to ei^ht thousand. 

XIX. That in case the number of shares subscribed shall be less 
.^criptions, ^"^f ^^^'^ ^'&'^t ^ho"*^"^^' the Commissioners shall receive further sub- 
ess than 8,000. scriptinns to make up that number, at any time within one year 

after the first opening of the books. 

XX. That the said company,, under its name, shall have succes- 
sion of officers and members, and all the powers, privileges and 
tranchi-es 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, profits or 
emoluments of their said capital stock; and shall have full power 
and authority to have and use a common seal, and the same to alter 
and renew at their pleasure; and by the name and title afore- 
mentioned 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 proceed- 
ings whatsoever. And they are authorized and empowered to ap- 
point a President, Directors, and other necessary officers, at such 
periods, and with such duties as the said company shall see fit, and 
also to make rules and by-laws for the good government and man- 
agement 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 Confederate States. 

Real estate XXI. That the said corporation shall have right and power to 
may be ac- acquire, purchase, take and hold, in its corporate name, lands and 
*^"^'^® ■ real estate, and the same to demise, grant, sell, assign, exchange and 

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. 
Corporate XXII. That the Said company is hereby authorized and empow- 
priviieges. ered to make contracts and underwrite policies of assurance and 
indemnity against fire on buildings, goods, wares, merchandise, 
shipping and 6ther 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, mer- 
chandise or chattels, in whole or in part foreign and domestic, 
whether upon the high seas, or in foreign ports, or in ports of the 
Confederate States, or within any of the rivers, bays, creeks, canals 
or waters of this or any other State or country ; and also to lend or 
advance money upon bottomry or respondentia. 
Dividends, re- XXIII. That in case of any loss, whert^by less than one-third of 
strictions on. t|^e Capital stock of the said company shall be lost, during the con- 
tinuance of this charter, no dividend shall thereafter be made until 
the deficiency shall be made up by the stockholders, or the com- 
pany, or by the accumulation of the ])rofits of its business. 
r . . , XXIV. That if the capital of the compariy be reduced by losses 
to be made up. to less than two-thirds of the original capital stock, the deficiency 
ri'iuidate."^'^'"'^ shall be made up by the stockholders, in six months after such re- 
duction shall occur, and in default thereof, the affairs of the' corpo- 
ration shall be wound up, and they shall cease to do business. 



OF SOUTH CAROLINA. 35 

XXV. That if the affairs of the corporation are not wound up, ^- D- 1S61.^ 
as directed in the preceding Section, and they proceed with busi- Q^^^^^Ti^ii- 
jQ€ss, then the President and Directors shall be jointly and severally vidurtUy'iiaWe^ 
liable to make good all engagements of the company, entered into iu what case. 
after the reduction of the cajntal ; but nothing in this Section shall 

extend to any President or Director who shall dissent to the pro- 
ceedings 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 gazettes 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. 

XXVI. That the said corporation shall be invested with full power Powers over 
to enforce upon their members the due observance of ail rules and members. 
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 any one or more of their members, all necessary suits, ac- 
tions and pleas, either at law or in equity, for the recovery of any 
sum or sums of money, to the use of the said corporation, in as 
ample a manner as such suits might be maintained against persons 
not members of the corporation. 

XXVII. That in all elections and other corporate acts done by y^^^ propor- 
the stockholders of the said company, every stockholder shall be tiuned to 
entitled to one vote for each share owned by him or her, or standing 

in his or her name: Provided, That no stockholder shall be entitled 
to more than forty votes. 

XXVIII. That one-fourth of the capital of the company shall Business.com- 
be paid in, and satisfactory proof thereof be furnished to the Comp- meucement of. 
troller General, before the said company shall be authorized to com- 
mence business ; and the residue of the capital shall be paid in at such 

times, and in such manner, as the company may appoint: Provided, 
The whole shall be paid within one year after they shall have com- 
menced business. 

XXIX. That the books of the company shall be examined, from 

. 1 T • 1 . I' -lSooks may oe 

time to time, by such person or persons as the L.egislature may, tor exnuiined by 
that purpose, appoint ; and the persons so appointed shall have full^ Legislature. 
power to compel the attendance of witnesses and the production of 
books and papers, and to inquire into the management of the com- 
pany. In case of abuse or violation of their charter, the said com- 
pany may be proceeded against hy scire facias, in the Court of Com- 
mon Pleas and General Sessions for Charleston District; and, upon 
conviction, shall be liable to have their charter annulled by the 
judgment of the Court. 

XXX. That at least half of the capital of the said company shall invested, half 
be permanently invested in stock of this State, or of the city of of capital to be, 
Charleston, or of the Confederate States, or in good stocks of incor- 
porated companies within this State, or in bonds secured by mort- 
gage of real estate within the State; and the company may trans- 
fer 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 re- 
gard to the safety of its funds may require : Provided, however. That 
the said company shall not deal or trade in buying and selling any 
goods, wares, merchandise, commodities or stocks, whatsoever. 



36 STATUTES AT LARGE 



Dividends. 



A.D. isoi. XXXI. That no dividend upon the capital of the company shall 
be declared exceeding twelve per cent.; any excess of proiits above 
said per centage shall be carried to a surplus firnd, to meet losses 
and equalize dividends. In case the profits fall below the per cent- 
age 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 tiuies added to the dividend, 
and distributed among the stockholders. 
. . XXXII. The Board of Directors are hereby empowered to call 

instaimenis.'"^ in the remaining instalments on the shares of the capital stock, in 
such sums and at such times as they may deem advisable: Provided, 
Two weeks' notice be given of each call ; and the said instalments 
shall be payable in the same medium as hereinbefore provided as 
to the first instalment of five dollars. 

XXXIII. That this Act shall be deemed a public Act, and the 
charters hereby granted shall continue and be in force for twenty 
years. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and indepen- 
dence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4579. AX ACT in Reference to the Suspension of Specie Pay- 
ments BY the Banks of this State, and for other pur- 
poses. 

I. Be it enacted by the Senate and House of Representatives, now 
Act5 of As- jjigt and sitting in General Assembly, and by the authority of the 

jfensio^ii of cer- same. That the operation of the third Section of an Act entitled 
**^"- " An Act for the suspension of certain Sections of certain Acts, and 

for other purposes," ratified on the twenty-first day of December, in 
the year eighteen hundred and fifty-seven, as amended by the sixth 
Section of an Act entitled " An Act to regulate the mode of elect- 
ing Directors of the Bank of the State of South Carolina, and for 
other purposes," ratified on the twenty-first day of December, in the 
year eighteen hundred and fifty-eight, be, and the same is hereby, 
postponed until the first day of January, in the year of our Lord 
one thousand eight hundred and sixty-three. 

II. That the second Section of an Act entitled "An Act to pro- 
vide against the suspension of specie payments by the Banks of this 
State," passed on the eighteenth day of December, in the year of 
our Lord one thousand eight hundred and forty, be, and the same 
is hereby, suspended until the first day of January, which will be in 
the year one thousand eight hundred and sixty-three. 

III. That the fifth Section of an Act entitled ''An Act to re- 
charter the Planters' and Mechanics' Bank of South Carolina ; the 
Union Bank of South Carolina ; the Commercial Bank of Colum- 



OF SOUTH CAROLINA. 37 

bia. South Carolina, and to incorporate the Exchange Bank of Co- A.D.isei. 
lunibia; the Farmers' and Exchange Bank, and the People's Bank ^ 

of Charleston ; the Bank of Newberry ; the Bank of Chester ; the 
Bank of Summerville ; the Planters' Bank of Fairfield, and the 
Western Bank of South Carolina, at Anderson," passed the six- 
teenth day of December, in the year of our Lord one thousand eight 
hundred and fifty-two, and all Sections of other Acts containing the 
like provisions, be, and the same are hereby, suspended until the 
first day of January, which will be in the year of our Lord one thou- 
sand eight hundred and sixty-three. 

IV. That in case any of the banks of this State shall be com- Banks may 
pelled, by any exigency arising out of the existing war, to close change office 
any of their offices in any of the places in which they are now ^°^ ^^'^' 
established by law, that then and in such case, the said bank^ bo, 

and the same are hereby, authorized to establish their re.?|'ective 
offices and transact their business, during the continuance of the 
said exigency, in any other suitable place or places within the State, 
as their respective Boards of Directors may determine ; and the 
said Boards of Directors shall judge of the existence and continu- 
ance of the exigency aforesaid. 

V. That the bills or notes, and all other money engagements of any ^ilis, &c.. 
of the said banks which may be compelled to close their present offices '^"de paj-abie 

tit IIGW 10C3j" 

or places of business, and establish them elsewhere, as aforesaid, be, tion. 
and the same are hereby, made payable at their respective new 
places of business ; and all bills, drafts, notes and other negotiable 
paper, held by the said banks and made payable at their old places 
of business, may be presented for acceptance or payment, and pro- 
tested for non-acceptance or non-payment, at their new places of 
business, in the same manner, and with the same legal effect, as to 
demand on drawer and maker, and notice to endorsers, as if the 
said bills, drafts, notes, or other negotiable paper, had been made 
payable at their said new places of business. 

VI. That the said Boards of Directors be, and are hereby, 
authorized and empowered to make all needful rules and regula- 
tions to carry the provisions of this Act into full and complete ef- 
fect, according to the true intent and meaning thereof. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and indepen- 
dence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



38 



STATUTES AT LAEGE 




Xame. 



Caj.ital Stock. 



Commission- 



Books to be 
opeued. 



Corporate 
powers. 



Books, power 
to i)o=tpone 
opening of. 



AN ACT TO IXCORPORATE THE TrENHOLM MuTUAL 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 
same, That the Commissioners hereinafter named, with such other 
persons as shall become stockholders, in the manner hereinafter 
prescribed, and their successors, shall be a body politic and corpo- 
rate, by the name and style of the Treuholm Mutual Insurance 
Company. 

II. That the capital stock of the said company shall be two hun- 
dred thousand dollars, which shall be divided into eight thousand 
shares of twenty-five dollars each, with the right to increase the 
same six hundred thousand dollars more, in script capital. The 
following persons shall be, and are hereby, appointed Commissioners 
to receive subscriptions, to wit: John S. Riggs, A. S. J. Perr}^ 
Simons Lucas, Jr., Abbott B. White, and George Lamb Buist. 
The said Commissioners, or a majority of them, shall, at Charles- 
ton, on the second Monday in February next, from nine o'clock in 
the forenoon until five o'clock in the afternoon, at such place as 
they shall appoint, open books and receive subscriptions to the 
capital stock of said company : Provided, The said Commissioners 
shall have given at least ten days' notice, by advertisement in two 
daily gazettes in the city of Charleston, of the time and place of 
receiving the subscriptions, and shall require payment of five dol- 
lars on each share to be made at the time of receiving the subscrip- 
tion — the said payment to be made in specie, or in the bills of the 
banks of this Slate, or in stocks or bonds of the Confederate States, 
of the State of South Carolina, or of the city of Charleston, or in 
Confederate Treasury Notes, or in other good and valid securities 
within the Confederate States — the stocks and bonds and securities 
so taken to be estimated by the Commissioners at the market value 
thereof at the time of subscribing. 

III. That for the organization and administration of the Tren- 
holm Mutual Insurance Company, hereby created, the said com- 
pany is invested with all the powers, privileges and immunities, and 
subjected to all the duties, restrictions and liabilities, conferred and 
imposed on the Elmore Mutual Insurance Company by an Act en- 
titled " An Act to incorporate the Elmore Mutual Insurance Com- 
pany, to be located in the city of Charleston," ratified on the 
twenty-second day of December, in the year of our Lord one thou- 
Band eight hundred and fifty-nine, and the charter of the " Elmore 
Mutual Insurance ^Company " is hereby made the charter of 
"The Treuholm Mutual Insurance Company," so far as the same is 
apjilicable, consistent with the modifications hereinbefore provided. 

IV. In case the said Commissioners hereinbefore named, or a 
majority of them, shall deem it advisable and proper to postpone 
opening the books of subscription for the capital stock of the said 
company on the second Monday of February next, they shall be 
authorized to do so ; and in that event, they are empowered to open 
them on any day before the first Monday in October next, which 
they mav determine on, after giving two weeks' notice, in two of 
the public gazettes of the city of Charleston, of the time and place. 



OF SOUTH CAROLINA. 39 

V. That this Act shall be deemed aud taken to be a public Act, ^- ^- 1^*^!. 
and continue in force for the term of twenty-one years. ^■~'~y"~^ 

VI. The Board of Directors of the said company are hereby Remaining 
empowered to call in the remaining instalments on the shares of the instalments. 
capital stock, in such sums, and at such times, as they may deem 
advisable, to be paid in the medium above provided for : Provided, 

Two weeks' public notice be given of each call. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty- 
one, and in the eighty-sixth year of the sovereignty and 
independence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Charter a Cotton Planters' Loan Associa- No. 4581. 

TION. 

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

rrii • 1 II 1 11 ,. 1 <> , •' . . ,. , . r-, Cotton Loan 

same, ihat it shall and may be lawful for the citizens of this State Association, 
to form one Cotton Loan Association in each Congressional District fng^® ^^ ^°'"^" 
in this State, as now constituted by law, in the following manner, 
that is to say : Whenever it is desired to form any such association, 
public notice thereof shall be given, by advertisement, by the 
Comptroller General, at the instance of at least thirty planters 
pledged to subscribe at least one thousand bales of cotton, at one 
Court House at least in each Congressional District, in which the 
office of such association is to be located, and in some gazette in 
Charleston and Columbia, for the space of two weeks, which notice 
shall specify the number of pounds of cotton to be subscribed, not 
less than tv^o thousand nor more than ten thousand bales, averaging 
four hundred pounds each, and a copy thereof be filed in the Ex- 
ecutive office of this State. At the expiration of the time of ad- 
vertisement, books for subscription of cotton shall be opened at 
such times and places, and under the direction of such Commis- 
sioners, or a majority of them, as shall be designated by the Gover- 
nor. In case of under subscription, the Commissioners shall report 
the fact to the Governor, 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 same ratably among 
the subscribers, except that no subscription of twenty-five hundred 
pounds of cotton, or under, shall, in the first instance, be reduced. 
In all cases, a report of their proceedings shall be transmitted to 
the Governor. As soon as the requisite number of pounds of cot- 
ton shall be subscribed, such of the Commissioners as may be desig- 
nated shall appoint a convenient time and place for the meeting of 
the subscribers, and cause the same to be advertised for a reasona- 



40 STATUTES AT LARGE 

A^. 1861. |3ig time. At the time and place so appointed, the subscribers 
^ ' may appear, in person or by proxy, and the meeting having assem- 
bled, with the majority of the amount subscribed represented, of 
which a proper registry shall be made, the subscribers shall vote 
for six Directors, to serve for one year, and until a new election 
shall be had, in which election each subscriber shall be entitled to 
one vote for every twenty-five hundred pounds of cotton subscribed; 
and the Directors so elected shall proceed forthwith to select one of 
their number as President, and shall also elect a Treasurer, The 
President and Directors shall immediately prepare under their hands 
and seals, a statement of their election, of the number of pounds of 
cotton subscribed, and the corporate name which they desire to 
assume for the company, and shall transmit the same to the office 
of the Secretary of State, either in Charleston or Columbia, for 
registry. Upon receipt of such statement, the Secretary of State 
shall issue his certificate, under the seal of the State, testifying that 
the provisions of this Act have therein been complied with ; and, 
upon the signature of the certificate by the Governor, the company 
shall be considered as formed, and an Act of incorporation shall 
immediately attach. Every association incorporated by virtue of 
this Act shall have perpetual succession of officers and members, 
and be capable, in their corporate name, to sue and be sued, answer 
and be answered, plead and be impleaded, in all the Courts of this 
State. They may have a common seal, and the same may alter at 
pleasure; may elect, in such manner as they shall determine to be 
proper, all necessary officers, whose election is not herein otherwise 
provided for, fix their compensation and define their duties and 
obligations ; to make by-laws and regulations, not inconsistent with 
the laws of this State, for their own government, and for the due 
and orderly conducting of their aflfairs. 

II. That every company formed under the provisions of this Act 

ticof o*"' ^^^^' shall continue as a chartered company until the first day of Janu- 
ary, one thousand eight hundred and sixty-five: Provided, That no 
company shall be formed after the removal of the blockade. 
Privileges of II[. That every association formed under this Act shall, before 

terms "secured, they are entitled to any of the privileges hereinafter granted, depo.-?it 
in the office of the Comptroller General such policies of insurance 
on the cotton so subscribed as shall be approved by the Comptroller 
General, and at the expiration of such policies, if such policies are 
not renewed within one week, it shall be the duty of the Comptroller 
General forthwith to report that fact to the Governor, who shall 
forthwith issue his proclamation, declaring the charter of such asso- 
ciation forfeited. 
Bills ornotes, IV. Tliat whenever any association shall have complied with all 

miy^issal?^ the foregoing j)rovisions of this Act, such association shall have 
power to issue bills or notes, of any denomination not less than five 
dollars, to be signed by the President and countersigned by the 
Treasurer, (^which shall be receivable in payment of taxes and other 
dues to the State) : Provided, That the said notes shall not be taken 
in payment of the war tax of the Confederate States, unless the 
President of the Bank of the State and the Treasurer of the Lower 
Division shall be able to make it a condition of the loan to be made 
in relief of said tax, that the said notes will be received in payment 



OF SOUTH CAROLINA. 41 

of said loan : Provided, however, That the whole amount of such bills '^- ^- ^^^^• 
and notes shall in no case exceed the amount of six dollars for '"' ^ '~ 
every hundred short, and fifteen dollars for every hundred pounds 
of long cotton, ginned and baled, so subscribed ; and shall be 
allowed to discount bills of exchange, at a rate of interest not ex- 
ceeding six per centum per annum, and loan said bills or notes, so 
authorized to be issued, at the same rate of interest; and all said 
bills shall be redeemable in gold and silver six mouths after the 
blockade of our coast is removed ; and the President and Directors 
of each and every association formed under this Act shall be author- 
ized and empowered to sell the cotton subscribed to such association 
at any time six months after said blockade is removed. 

V. That the bills or notes which may be issued by the order of 

any such association, signed by the President and countersigned by obUgatory*' a^s 
the Treasurer thereof, promising the payment of money to any promissory 
person or persons, his, her or their order, or to thebearer, though not 
under the seal of the said association, shall be binding and obliga- 
tory upon such association, in like manner, and with the like force 
and effect, as upon any private person or persons, if issued by him or 
them in his 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. 

VI. That divi<knds shall be made at least twice in each year by ^. ., , 

" JJl VlClGIlClS 

the said associations, of so much of the profits of said associations as 
shall appear to the Directors advisable ; and once in every year the 
Directors shall lay before the subscribers, at a general meeting, for 
their information, a full statement of the afl^kirs of said association ; 
and the President and Treasurer shall, on the first of every 
month, transmit a statement, sworn to by them, showing the amount 
of cotton on hand, the amount of bills and notes issued and in circu- 
lation, and the amount of loans and discounts made by such asso- 
ciation ; and in case such report shall not be made for two consecu- 
tive months, as herein required, it shall be the duty of the Comp- 
troller General to report that fact to the Governor, who shall forth- 
with issue his proclamation, declaring the charter of such association 
forfeited. 

VII. That in case of the failure of any association formed under Paiiureof As- 
this Act, each subscriber shall be liable and held bound, individu- ^"'^.•■itioii, lia- 
ally, for any sum not exceeding twice the value of the cotton sub- ' ' ymcaseo . 
scribed by him, to be fixed by the Court before which such subscriber 

shall be sued, relation being had to the time of such failure. 

VIII. That any real estate, bills and notes, moneys, profits, or Assets, on dis- 
other property whatever, which may, on the dissolution of said h^J/dfo?' share- 
association, be owned or possessed by it, shall be held by the Di- holders. 
rectors of said association for the use and benefit of all persons 

holding shares in said association at the time of its dissolution, and 
their legal assigns and representatives, in average and proportion to 
the amount of said shares. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty -one, 
and in the eighty-sixth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



42 STATUTES AT LARGE 

A. D. 1861. AN ACT TO Incorporate the Mutual Fire Insurance Com- 
^' ' PANY, OF Columbia. 

No. 4582. 

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 Commissioners hereinafter named, with such other 
Name. persons as are now, or may hereafter become, members in the manner 

hereafter named, and their successors, shall be a body corporate and 
politic, under ttud by the name, style and title of the Mutual Fire 
Insurance Company, of Columbia, 
p > I ,. u II- The capital stock of said company shall be one hundred and 
fifty thousand dollars, to be divided into six thousand shares of 
twenty-five dollars, with the right to increase the same to five 
hundred thousand dollars, in script capital, in the manner and 
under the terms hereinafter prescribed. The following persons are 
Commission- appointed, to wit: Andrew Wallace, Edwin J. Scott, Andrew Craw- 
®''®' ford, John H. Pearson, Jacob Lyons, R. L. Bryan, and R. D. Senn. 

Books to be l''^^ ^^''^ Commissioners, or a majority of them, shall open books at 
opened, Columbia, ou the first Monday of February next, and receive sub- 

scriptions to the said stock : Provided, The said Commissioners shall 
have given at least ten days' notice, by advertisement in two daily 
gazettes in the city of Columbia, of the time and place of receiving 
the subscriptions, and shall require payment of five dollars — 
payment thereof, and of all subsequent instalments, to be made in 
specie, or in bills of the banks of this State, or in stocks or bonds of 
the Confederate States, of the State of South Carolina, or of the city 
of Columbia, or in Confederate Treasury Notes, or other good and 
valid securities within the Confederate States — the stocks, bonds 
and securities so taken to be estimated by the Commissioners at the 
market value thereof at the time of subscribing, on each share to be 
made at the time of receiving the subscription. 

III. The subscribers paying their subscription money, respectively, 
«n™ er"to form shall form the company, upon complying with the conditions, and 
the. being subject to the provisions hereinafter set forth. 

. IV. If at the opening of the said books more than six thousand 
ljution' in'ciise shares be subscribed, the Commissioners shall distribute the six 
of excess of. thousand shares of which the said capital stock is to consist among 
the subscribers as nearly as may be in proportion to the number of 
shares subscribed by them, respectively, but subscriptions of ten 
shares or less shall not be reduced, unless the whole number of 
shares subscrided cannot be otherwise reduced. 

V. In case the number of shares subscribed shall be less than six 

fuSpUonsTf thousand, the Commissioners shall receive further subscriptions to 

less than (3.000. make up that number at any time within one year from the date of 

opening the books. 

Corporate VI. That the said company shall have succession of officers and 

franchises. members, under its corporate name, and all tln^ powers, privileges 

and franchises, incident to corporations, and shall be capaple 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 the said capital stock ; and shall have full 

power and authority to have and use a common seal, and the same 



OF SOUTH CAKOLINA. 43 

to alter and renew at their pleasure, and by the name and title A.D. 1.%L 
aforementioned shall be able, 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, demurrers, demands and judicial proceed- 
ings. And they are authorized and empowered to appoint a Presi- 
dent, and Directors and Trustees, establish agencies and other 
necessary officers, at such periods, and with such duties, as the said 
company may see fit, and also make rules and by-laws for the good 
government and management of the affairs of the corporation : 
Provided, The said rules and by-laws shall not be repugnant to the 
Constitution and laws of this i?tate and of the Confederate States. 

VII. The said corporation shall have the right and power to ^g,,] estate, 
acquire, purchase, take and hold, in its corporate name, lauds and mayhoid. 
real estate, and the same to grant, sell, assign, exchange and con- 
vey, in fee simple or otherwise: Provided, The clear yearly income 

of the real estate so to be held shall not, at any time, exceed the 
sum of ten thousand dollars. 

VIII. The said corporation, in their name, and by the signature General pow- 
of the President for the time being, or by the signature of such ®'"*- 

other person, and in such form, and with such ceremonies, as they 
in their rules and by-laws direct, to make contracts and underwrite 
policies of insurance and indemnity against loss by fire, in the same 
manner as is now granted to the "Firemen's Insurance Company 
of Charleston," with the same rights, privileges and obligations, 
and subject to the same liabilities, as have been granted to the said 
" Firemen's Insurance Company of Charleston," except as to the 
power to take marine risks. 

IX. In case of losses whereby less than one-third of the original Dividends, re- 
cash capital is lost, no dividends shall be declared until the de- c!,seof lostcap- 
ficiency is made up by the stockholders, or by accumulated profits^ ital. 

and if said original capital is reduced to less than two-thirds, if the 
said deficiency is not made up within six months, the company to 
be wound up and cease to do business. If not so wound up, and 
the company proceed to do business, the President and Directors, 
jointly and severally, shall be liable to make good all engagements 
entered into after the last mentioned reduction of capital : Provided, 
That the President or any Directors who shall enter his or their 
protest in the minutes of the Board, and publish their protest in 
the daily gazettes of the city of Columbia, or who shall be absent 
from Columbia duringt he six months when the deficiency ought to 
be made up, shall not be so liable. 

X. The said corporation shall be invested with full power to en- Power over 
force upon their members the due observance of all rules and by- members, 
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 any one or more of their members, all necessary suits, 
actions or 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, actions or pleas may or might be 
maintained against persons who are not members of the corpora- 
tion. 



44 STATUTES AT LARGE 

A^. 18G1. y^i jjj ^]| electious, and other corporate acts done by the stock- 
" ^ holders of said company, every stockholder, being the owner of 

Votespropor- more than five shares, shall have one vote for every five shares 
tioned to stock, between five and fifty shares ; and an additional vote ifor every ten 
shares over fifty shares ; but no stockholder shall be entitled to 'more 
than fifty votes. 
Business, when XII. One moietv of the capital of the company shall be paid in, 
company may and satisfiictory proof thereof be furnished to the Comptroller Gen- 
eral, before the said company shall be authorized to commence 
business, and the residue of said capital to be paid in at such times, 
and in such manner, as the company may appoint: Provided, The 
whole shall be paid within one year after they commence busi- 
ness. 
Books, Lesis- XIII. The books of the company shall be examined, from time 

lature reserve.-* ii-r i ^-^ it-i r 

authority to to time, D}^ such person or persons as the Legislature may, from 
examine the. time to time, appoint for that purpose, and persons so appointed 
shall have full power to compel the attendance of witnesses and 
the production of books and papers, and inquire into the manage- 
ment of the company. In case of abuse or vii)lation of their char- 
ter, they may be proceeded against by scire facias, in the Court of 
Common Pleas and General Sessions, and, upon conviction, shall be 
liable to have their charter annulled by the judgment of the 
Court. 
Capital pro- XIV. At least one-half of the capital of said company shall be 
portion to be permanently invested in stocks of this State, of ihe city of Colura- 
investe . j^j.^^ ^^ ^^ ^^^ Confederate States, or in good stocks of incorporated 

companies within the State, or in bonds secured by mortgage of 
real estate within this 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 for 
the safety of its funds may require: Provided, however, That the 
said company shall not deal or trade in buying and selling auygoods, 
wares, merchandise or stocks whatever. 
Profits, pro- XV. All the profits arising from the premiums received, and 
''"'^^"ted ^'^ ^'^ from the income and interest of the company's investments, (after 
deducting the amounts hereinafter directed to be paid,) shall be 
invested in the same manner, and subject to the same restrictions, 
as directed and limited in the investment of the cash capital, until 
the accumulations shall amount to five hundred thousand dollars, 
represented by script, as hereinafter provided to be issued. 
Profits, annual XVI. The ofiicers of said company shall, within one month of 
estimates of, to the expiration of each fiscal year, cause an estimate to be made, as 
^"^" *^' near as possible, of the profits of said company during the preced- 

ing year, in which estimate the losses and expenses of the company 
for the year shall be deducted from the earnings of the company 
and the income of its capital and invested accumulation during 
the same; the balance shall be deemed profits for such year. This 
estimate shall be binding and conclusive upon all persons, as well 
stockholders as those entitled to receive certificates of profits, as 
hereinafter mentioned. After applying, from these profits, sufficient 
to cover the payment of seven per cent, interest to the stockholders, 
and the stipulated interest on all outstanding script of the com- 
pany, twenty-five per cent, of the residue of the profits shall be 



OF SOUTH CAROLINA. 45 

paid in cash to the stockholders as a dividend upon their stock, and A. D. 1861. 
the remainder thereof, to wit, seventy-five per cent., shall be ap- ^'"^"v— ' 
portioned among the customers of the company for said year, and 
the script shall be issued therefor as provided in the next Section. 

XVII. There shall, annually, at the time of the ascertainment Creditsto pay- 
of profits as aforesaid, be credited on the books of said company to mLmsjnwhat 
each person or firm who shall have paid any premiums to said '^■i'^'!* '^'^ with 
company, on risks terminating without loss or any claim against script evi- 
said company, which shall have been earned during the preceding '^'-'"'^*'- 
year, such portion of said seventy-five per cent, of profits ascer- 
tained as aforesaid, as the amount of such earned premiums (and 

not returned) by such person or firm, shall be of the whole amount 
of premiums earned by the company, (less return premiums,) on 
risks terminating without loss or claim as aforesaid; and thereupon 
the said company shall issue to such person or firms, respectively, 
certificates declaring him or them, or his or their assigns, to be enti- 
tled to his or their portion of the invested funds of said company, 
equal to the amount so credited to him or them on the books of the 
company, and also to the receipt, annually, out of the interests or 
income derived by said company from the investments of said 
profits, of an interest not exceeding six per cent.; and said certifi- 
cate shall also contain a proviso that the amount named therein is 
liable for any future losses of said company, as provided in this 
charter; but no person or firm shall be credited, or receive a cer- 
tificate for a share of profits not less than five dollars, nor for any 
fractional excess over even fives of dollars ; and all such fractional 
excesses over even fives of dollars shall be carried to the contin- 
gent fund of said company, and applied on account of charges and 
expenses. 

XVIII. The fund represented by the script issued shall consti- Script fund 
tute a surplus or reserve of said company for the security and pay- liable lor losses 
ment of losses, and be liable for any excess of losses and expenses 

above the earned premiums of any year, each later annual issue of 
script always to be first reduced, or wholly cancelled, before any 
previous annual issue is at all reduced, and all the issues of script 
be liable to reduction and cancellation before the capital stock shall 
be encroached upon. 

XIX. This Act shall be deemed a public Act, and the charter 
hereby granted shall continue and be of force for twenty-one years, 
and no longer. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



46 STATUTES AT LARGE 

A. D. 1861. j^']^ ACT TO Grant Exemption to certain Free Persons of 
""""^''""^ Color who shall Return to this State, from Penalties 
No. 4583. NOW provided by 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 
Free negroes, same. That all and every free colored person and persons, residents 
return to^StTfe. of this State, who, during the present war, has or have left, or may 
leave, this State, in any occupation or employment of a military 
character, or in the employment of any person connected with the 
military service of this State or the Confederate States, may be at 
liberty to return to this State, and remain within the same, free 
from the penalties now provided by law against the return of free 
persons of color who have left this State. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4584. AN ACT to Incorporate the Carolina 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 same, That the persons who shall become stockholders, in the 
Aame. manner hereinafter prescribed, shall thereupon become, and they 

and their successors and assigns shall be, one body politic and cor- 
porate, under the name, style and title of the Carolina Insurance 
Company. 
Capital stock ^^- '^^^^ Capital stock of the said company shall be two hundred 
thousand dollars, which shall be divided into eight thousand shares 
of twenty-five dollars each, and shall be raised in the following 
Commissioners manner: The following persons shall be, and they are hereby, ap- 
to open books, pointed Commissioners to receive subscriptions, on the several plans 
hereafter named : Augustus L. Tobias, Henry Cobia, and George 
A. Walter, and said Commissioners, or a majority of them, shall, at 
Charleston, on-the thirtieth day of December, instant, from nine 
o'clock of the forenoon until five o'clock of the afternoon, at such 
place in Charleston as they shall appoint, receive subscriptions to 
the capital stock of the said company, from all persons offering to 
subscribe thereto, and paying, at the time of subscribing, five dol- 
lars per share — payment thereof to be made in specie, or in the 
bills of the banks of this State, or in stocks or bonds of the Confed- 
erate States, of the State of South Carolina, or of the city of 
Charleston, or in Confederate Treasury Notes, or in other good and 
valid securities within the Confederate States — the stocks and bonds 



OF SOUTH CAROLmA. 47 

and securities so taken to be estimated by the Commissioners at the ^- P - ^^'^^•^ 
market value thereof at the time of subscribing: Provided, That v ■— ' 

the said Commissioners shall give at least three days' notice, by 
advertisement in two gazettes published in the city of Charleston, 
of the time and place of receiving such subscriptions. ' 

III. And such said subscribers, paying their subscription money, Compnny, of 
respectively, shall form the company above mentioned, upon com- ""^ ° 
plying with the conditions, and being subject to the clauses here- 
inafter set forth. 

IV. If more than eight thousand shares shall be subscribed, the shnres, cUstri- 
Commissioners shall distribute the eight thousand shares of which ^^'4'^^'°^ '^^ 
the capital stock of the said company is to consist, among the sub- 
scribers, as nearly as may be, in proportion to the number of shares 
subscribed by them, respectively : Provided, ahvmjs. That subscrip- 
tions of five shares or less bhall not be reduced, unless the whole 

number of shares subscribed cannot be otherwise reduced to eight 
thousand. 

V. In case the number of shares subscribed on the day hereinbe- Further sub- 
fore appointed for receiving subscriptions shall be less than fess'^tharf sooo. 
eight thousand, the Commissioners shall receive further subscrip- 
tions, not exceeding such number of shares as, with those already 
subscribed, shall make up the number of eight thousand shares, at 

any time during one year next following the said thirtieth day of 
December, instant. 

VI. The said company, under its name, shall have succession of Franchises. 
officers and members, and all the powers, privileges and franchises 
incident to a corporation ; and shall be capable of taking, holding 

and disposing of their capital stock, according to such rules, regu- 
lations 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 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, style and title aforesaid, 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 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 empow- 
ered to appoint a President and other officers, and six Directors, at 
such periods, and with such duties, as they shall see fit ; and also 
to make rules, by-laws and ordinances, and do everything needful 
for the good government and support of the affiiirs of the said cor- 
poration : Provided, ahvays, That the said rules, by-laws and ordi- 
nances shall not be repugnant to the Constitution and laws of the 
Confederate States or of this State. 

VII. The said corporation shall have a right and power to pur- Real estate. 
chase, acquire, take and hold, in the said corporate name, lauds and acquire.^ ™^^ 
real 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 thou- 
sand dollars. 



48 STATUTES AT LARGE 

A. D. 1861. VIII. The said corporation shall have a right, and by their said 

^""""v ' names, and by the signature of their President for the time being, 

General pow- 0^ by the signature of such other person or persons, and with such 
ers. ceremonies of authenticity as they shall, from time to time, in and 

by their rules and by-laws ordain and appoint, to make contracts, 
and underwrite policies of assurance 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 Confederate States, or 
within any of the rivers, bays, creeks, canals or waters of this State, 
lying, or being, or laden ; and also, in like manner, to make con- 
ti'acts and underwrite policies of insurance and indemnity against 
fire, on all buildings, goods, wares and merchandise, and other 
property liable to destruction or accident by or from fire, or the effect 
thereof, situate, lying, being or deposited in this State, or elsewhere ; 
to lend or advance money upon bottomry or respondentia, to make 
insurance on lives, to grant and purchase annuities, to lend money 
on the security of real and personal property, bonds, bills or pro- 
missory notes, to make any other contingent contract involving the 
duration of life, and generally to transact and perform all the busi- 
ness 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 : Provided, That it shall not be 
lawful for the said company to lend money on the security of their 
own stock. 
Dividends, re- IX. No dividend shall be declared exceeding twelve per cent, per 
stnctionon. annum upon the capital of the said company, and any excess of 
profits made at any time, or from any source, above such per cent- 
age, shall be carried to a surplus fund to meet losses and equalize 
dividends. If the profits at any time fall below the amount, then, 
and in that case, the dividends may be increased to that amount 
from the surplus fund : Provided, The capital be not thereby re- 
duced. 
Loss of capi- X- I^ case of any loss whereby the capital stock of the said 
tni. no divi- company shall be lessened during the continuance of the charter, 
den in case o . ^^^ tjiyidend shall thereafter be made until the deficiency shall either 
be made up by the stockholders, or by the company, or until a sum 
arising from the profits of its business, equal to such diminution, 
shall have been added to the capital. 
Loss ofthird ^^' ^^ ^^^ Capital of said company shall become reduced by 
of <vi|)itii,c;on- losscs below two-thirds thereof, the deficiency shall be made up by 
casrof-r^ ^"^ the stockholders in six mouths 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, 
a 1 r XII. If the affairs of the corporation are not wound up, as 

heveral )ia- ,., i. r^ ■ ii iii ix 

biiity. directed in the preceding Section, and they should proceed to 

do business, then the President and Directors shall be jointly and 
severally liable to make good all engagements of the company in- 
curred after the reduction of the capital as aforesaid: Provided, 
That nothing in this Section shall be so construed as to extend to 
any President and Director who shall dissent to the proceedings of 
the company in these particulars, and who shall enter his protest on 
the minutes of the Board, and publish the same iu the daily gazettes 



OF SOUTH CAROLINA. 49 

«f the city of Charleston, or who shall be absent from the State -^- D. 1S61. 
during the six months in which the deficiency of capital should ^~~v~^ 
have been made up. 

XIII. The said corporation shall be, and they are hereby, in- Power over 
vested with full power to enforce upon their members the due members. 
observance of all laws, rules and regulations for their better gov- 
ernment, under such penalties as they shall, in and by such by laws, 

limit and prescribe; 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 ot 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 said corporation, any law, usage or custom to the con- 
trary thereof, in anj'^ wise notwithstanding. 

XIV. In all elections and other corporate acts done by the stock- Votes pro- 
holders of the said company, every stockholder shall be entitled to Ihares?** 

one vote for each share owned by him or her, or standing in his or 
her name: Provided^ That no stockholder shall be entitled to more 
than forty votes. 

XV. One-fourth of the capital of the said company shall be paid Business, 
in and satisfactory proof thereof furnished to the Comptroller "^^®" ^'^ begin. 
General before the said company shall be authorized to commence 

business. 

XVI. The books of the said company shall be examined from Books, Legisia- 
time to time by such person or persons as the Legislature may, for power ^To'^l^- 
that purpose, appoint; and the person so appointed shall have full amine, 
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 cases of mismanagement 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. 

XVII. This Act shall continue and be in full force for twenty- 
one years, and no longer. 

XVIII. At least one-half of the capital of the said company Capital, pro- 
shall be permanently invested in stock or bonds of this State, or the ''°^*^'^°fi *° ^^ 
city of Charleston, or of the Confederate States, or in any other 

good stocks or bonds of incorporated companies within this State, 
and the company may transfer and sell said stocks, or any part 
thereof, for the purpose of reinvestment, whenever a due regard to 
the safety of its funds may require: Provided, however, That the 
company shall not deal or trade in buying and selling any goods, 
wares, merchandise or commodities whatever. 

XIX. The Board of Directors of the said company are em- 
powered to call in the instalments on the shares of the capital stock, 
in such sums, and at such times, as they may deem advisable : 
Provided, Two weeks' notice be given of such call. And the said 

Vol. 13—4 



Instalments. 



50 STATUTES AT LARGE 

A. D. 1861. iustalments shall be payable in the same medium as hereinbefore 
provided as to the first instalment of five dollars. 

lu the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and indepen- 
dence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



Ko. 4585. AN ACT to Amend an Act entitled " An Act to aid in the 
Construction of the Georgetown 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 

Enclorseiuent same, That the first Section of an Act entitled " An Act to aid in 
dition of!' '^^" the construction of the Georgetown Railroad," ratified the twenty- 
eighth day of January, in the year of our Lord one thousand eight 
hundred and sixty-one, be, and the same is hereby, altered and 
amended, so as to read as follows : " That whenever the Georgetown 
Railroad Company shall have procured bona fide subscriptions for 
the capital stock in said company, to an amount sufiicient to grade, 
bridge and prepare for the iron rails, twenty miles of said road, and 
it shall be shown by said company to the Governor of the State 
that said subscriptions are good and solvent, and whenever said 
company shall have graded, bridged, and shall have ready to put 
down the necessary timbers for the reception of rails, and fully pre- 
pared a section of twenty miles of said road, in a good and sub- 
stantial manner, with good materials, for putting on the iron rails 
and equipments, and the Governor shall be notified of these facts, 
and that said section, or any part thereof, is not subject to any lieu 
"whatever, other than that created in favor of the State by this Act, 
by the written affidavits of the President and Chief Engineer of 
said company, then the Governor shall cause to be endorsed by the 
Comptroller General, upon the bonds of the said company, to an 
amount not exceeding five thousand dollars per mile of said section, 
the guarantee of the State of South Can>lina, pledging therefor the 
faith and funds of the State, which bonds shall be payable at such 
place in the Confederate States as the President of the company 
may designate, bearing an interest of six per centum per annum, 
payable semi-annually, and not having more than twenty years to 
mature. 

II. That the fourth section of the said Act be altered and 
amended so as to read as follows : That when the said company 
shall have prepared, as aforesaid, a second section, or any additional 
number of sections, of twenty miles each, of said road, connecting 
with the section already completed, for the iron rails, chairs, spikes 
and equipments, as provided in the first Section of this Act, and the 



OF SOUTH CAROLINA. 51 

Governor shall be notified of the facts, as before provided, he shall, ^- ^- l^^l. 
in like manner, cause to be endorsed for said company like bonds of 
the said company, to an amount not exceeding five thousand dollars 
per mile, for each and every section of twenty miles of said road so 
prepared as aforesaid, but upon the terms and conditions hereinbe- 
fore provided ; and upon the endorsing of said bonds, the State of 
South Carolina shall be invested with a like mortgage or lien, with- 
out a deed from said company, upon said first and additional section 
or sections of said road so prepared, upon the rails and equipments, 
put or to be put upon the same, for the payment of said bonds, and 
the accruing interest thereon : Provided, That if the last section of 
said road shall be less than twenty miles, bonds of the said com- 
pany shall be endorsed as aforesaid, for such section, for an amount 
in proportion to the distance, as provided in this Act ; but upon the 
same terras and considerations, in all respects, as required in regard 
to the bonds to be issued for the other sections of said road. And 
when the whole of said road shall be completed, the State of South 
Carolina shall be invested with a lien, without a deed from the 
company, upon the entire road, including the stock, right of way, 
grading, bridges, masonry, iron rails, spikes, chairs, and the whole 
superstructure and equipments, and all the property owned by the 
company, as incident to or necessary for its business, for the pay- 
ment of all said bonds endorsed as aforesaid, as provided in this 
Act, and for the interest accruing on said bonds. And after the 
Governor shall have caused bonds to be endorsed, as provided in the 
first Section of this Act, for the first section of the road, it shall not 
be lawful for said company to give, create, or convey to any person 
or persons, or body corporate whatever, any lien, incumbrance or 
mortgage of any kind, which shall have priority over, or come in 
conflict with, the lien of the State herein secured; and any such 
lien, incumbrance or mortgage shall be null and void, as against 
said lien or mortgage of the State ; and the said lien or mortgage 
of the State shall have priority over all other claims existing or to 
exist against said company. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and indepen- 
dence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Incorporate the Palmetto Lyceum of Charles- No. 4586. 



TON. 



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 Edwin Heriot, President ; Samuel L. Hammond b' 



Charter meui- 
ers. 



52 STATUTES AT LARGE 

A. D. 1861. a,i(] Henry Sparnick, Vice Presidents ; Virgil C. Dibble, Recording 
'^'^"^r^"'^ Secretary ; Peter Gowan, Jr., Corresponding Secretary ; Mihvood 
W. Heath, Treasurer, of the Palmetto Lyceum of Charleston, and 
their associates and successors, be, and the same are hereby 
declared to be, a body politic and corporate, by the name and style 
of the " Palmetto Lyceum of Charleston." 

II. That said corporation may sue and be sued, plead and be 
Privileges and impleaded, iu any Court of law or equity in this State; may have 

liabilities. succession of officers ; may adopt and use a common seal, and the 
same may alter at pleasure ; may make, and, from time to time, 
, alter or modify such bylaws, rules and regulations, not inconsistent 

with the laws of the land, for the organization and regulation of 
the said corporation, as may be deemed necessary or expedient; 
may be capable of holding any real estate, not exceeding the value 
of ten thousand dollars, and generally may have and enjoy all the 
rights and privileges incident to bodies corporate. 

III. That this Act shall be deemed a public Act, and shall con- 
tinue in force for fourteen years. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4587. AN ACT to Incorporate the Southern Express Company. 

I. Be it enacted by the Senate and House of Representatives, 
now met and sitting in General Assembly, and by the authority of 
Corporators, the same, That Charles M. Furraan, Charles V. Chamberlain, F. 
\V. Dillard, John E. Bacou, J. A. Harman, D. A, Reese, B. F. 
Fickliu, and their associates, successors and assigns, be, and they 
are hereby declared to be, a body corporate and politic, by the 
Name. name of the Southern Express Company, for the purpose of an 

express transportation business. 

il. The capital stock of said company shall be five hundred 
Capital stock, thousand dollars, and shall be divided into shares of one hundred 
dollars each; and in case the said capital stock be found insufficient 
for its purposes, such company may increase its capital stock, from 
time to time, to such amount as may be deemed necessary for the 
purpose aforesaid, not exceeding one million of dollars. Such 
increase must be sanctioned by a vote, in person or by proxy, of 
two-thirds in amount of stock of the company, present or repre- 
sented at a meeting of such stockholders. 

HI. The said company may commence business as soon as its 
j5 • , capital stock is fully subscribed and fifty thousand dollars of the 
when company same paid up ; and on such subscriptions being made, any five 
may commence gyi^ggri^grg iq gaid stock may call a general meeting of the stock- 
holders of the said company, by serving a notice, signed by them, 



OF SOUTH CAROLINA. 53 

of the time and place of such meeting, twenty days at least before ^- ^- i-*^i- 
the time of holding the same, on each stockholder personally, or by ^'" v ' 
leaving it at his residence, or by putting the same in the post office 
at Richmond, directed to him at his usual or reported place of 
residence, and paying the postage thereon : Provided, however, 
That any other mode or time of calling said meeting shall be 
lawful, if all the stockholders consent thereto in writing, or are 
represented thereat. At the meeting convened as aforesaid the 
said, company shall elect, by a majority of votes there present or 
represented, not less than five nor more than nine persons, being 
stockholders of the said company, to act as Directors of the said 
corporation, who shall represent the said company and manage the 
business thereof. Vacancies in the Board of Directors shall be 
filled in such manner as shall be prescribed by the by-laws of the 
corporation. 

IV. At the first meeting of the said Board of Directors after Officers, eiee- 

1 • 1 • 1 1111 n 1 • 1 T-> • 1 i< tions of. 

their election, they shall elect one oi their number as rresident or 
the said corporation, and may elect a Vice-President, and such 
other officers as they may deem advisable. The Directors of this 
company shall hold their offices for one year, and until others are 
chosen. 

V. In case it shall, at any time, happen that an election of Di- Elections, 
rectors be not made at the time designated, or on the days when by ™her than day" 
the by-laws of said company it ought to be done, it shall and may fixed. 

be lawful to hold the same on any other day designated by said 
company. And in case any annual meeting of stockholders shall 
not be held, by reason of neglect of the Directors, it shall be in the 
power of any of the stockholders holding one hundred shares of 
the capital stock, to call such meeting, for the purpose of electing 
Directors and other purposes, by giving the notice as hereinafter 
prescribed ; and for that purpose they shall have access to the 
stock list and transfer books of said company, and all information 
necpssary to the giving of such notice. 

VI. And be it further enacted. That the Directors of such com- 
pany shall have power to make and prescribe such by-laws and 
regulations as they shall deem proper, respecting the management 

and disposition of the property and estate of such company, the By-laws, 
duties of the officers, agents, artificers and servants, by them to be 
employed ; to appoint such and so many officers, clerks and ser- 
vants, for carrying on the business of said company, and with such 
salaries and wages, as to them shall seem reasonable : Provided, 
however, That such by-laws be not inconsistent with any existing law. 

VII. The said com^^lany shall have power to do an express trans- General pow- 
portation business, by land or by water, for the conveyance of per- '^'^^■ 

sons and property of every kind, from, to and between any place 
in the Confederate States and any place in or beyond the limits of 
the Confederate States, in their own conveyance or those of other 
persons ; and to create and organize branch agencies for the same 
purpose; and to hire, establish and maintain store-houses, ware- 
houses and other buildings, and to purchase land to build thereon such 
store-houses, warehouses and other buildings as may be required for 
the safe keeping of anything entrusted to them for conveyance ; and 
shall have power to indemnify themselves by insurance against loss or 



54 STATUTES AT LARGE 

A. D. 1861. damage by fire, or the risk of navigation and transportation of any 
"-^r-"^ goods, wares, merchandise or other property in their custody, received 
by them for transportation, or held by them as their property : Pro- 
vided, That this Act shall not be so construed as to give the said 
Southern Express Company any right or authority to build, pur- 
chase, occupy or establish any railroad or steamboat line, except to 
be employed between any port in the Southern Confederacy and 
foreign ports, or other like means of transportation; nor shall the 
same be so construed as to require any railroad or steamboat line 
established in part or in whole within the limits of the Confederate 
States, to do or perform transportation service, as herein contem- 
plated, for or on account of the said Southern Express Company. 
Vlil. The principal office of said company shall be kept at 
fice""*^^^'^^ *^^' Charleston, unless the same be changed by a vote of two-thirds of 
the Directors, at a meeting called for that purpose, to any other 
place in the State ; and the said company may establish as many 
branch or local offices as their business may require. 

IX. The regular meeting of the Board of Directors of said 
Meetings. company shall be held at the principal office of said company, or at 

such other place in the State as the by-laws or the Board of Direc- 
tors may designate ; but said company may hold special meetings 
of its Directors, for the transaction of business, at any place which 
the by-laws of said company may designate, or which the majority 
of the Directors, with the approval of the President, may appoint. 

X. If the said company shall have had unclaimed freight or 
Freight and baggage, not perishable, in its possession for the period of at least 

claimed, how ^°^ year, it may proceed and sell the same at public auction, 
disposed of. after giving notice to that effect in one or more newspapers 
published in the State, or at the place where such goods are to be 
sold, once a week, for not less than four weeks; and shall also keep 
a notice of such sale posted for the same time in h conspicuous 
place in the principal office of the said company. Said notice shall 
contain, as near as practicable, a description of such freight or 
baggage, the place and time when and where left, together with 
the name and residence of the owner of the freight or baggage, or 
person to whom it is consigned, if the same be known. 

XI. All moneys arising from the sale of freight or baggage, as 
Moneys there- aforesaid, after deducting therefrom charges and expenses for the 

posed of.^ '^ transportation, storage, advertising, commissions for selling the 
property, and any amount previously paid for advances on such 
freight and baggage, shall be paid by the company to the persons 
entitled to receive the same. And the said company shall keep 
books of record of all such sales as aforesaid, containing copies of 
such notices, proofs of advertisements and posting, affidavit of sale, 
with the amount for which each parcel was sold, the total n mount 
of charges against such parcel, and the amount held in trust for 
the owner ; which books shall be opened for inspection by claim- 
ants, at the ])rincipal office of the said company, and at the office 
where the sale was made. 

XII. That the stockholders in the said company shall be per- 
Stockhoiders sonally responsible for the amount equal to the amount of stock 

sponsfbief ^^ held by each, for any loss of, or damage on, goods, moneys, or other 
property entrusted to the said company for transportation, and for 
any contract made, or liability incurred by them. 



OF SOUTH CAROLINA. 55 

XIII. That no right of property to this franchise shall invest ^- ^- 1'^'^'^- 
until the minimun amount of capital is subscribed, and fifty thou- ~ ^ 
sand dollars actually paid, of which fact it shall be the duty of the whcifto^atueh. 
company to inform the Governor, in the same manner that the 

officers of a bank about to be put into operation are required to 
do. And when said company shall be organized and ready to go 
into operation, it shall be the duty of the presiding officer and 
Treasurer to make a statement, upon oath, to the Comptroller 
General, of the amount of capital paid in, and to make a like state- 
ment every six months thereafter, with an additional statement of 
their profits and gross receipts; and for failing to make such report, 
they shall forfeit and pay into the public treasury one thousand 
dollars for each failure, to be recovered by motion, after ten days' 
notice. 

XIV. This Act shall be subject to modification and repeal at the Act lepeaiabie. 
pleasure of the General Assembly. 

XV. Any action at law or suit in equity, against the said com- Suits, how 

u J 1- -J- • iU- Oi i 1 commeuced. 

pany, may be commenced by any person residing m this btate, by 
personal service of process on the local agent or officer of said com- 
pany in charge of its afl^iirs in the District in which such person 
considering himself aggrieved may reside, or in any District through 
which the lines of transportation of said company may pass, if 
there shall be no local agent or officer in the District in which the 
person commencing -such suit may reside: Provided, That nothing 
herein contained shall be construed to prevent the commencement 
of any suit in equity or action at law in the manner heretofore pro- 
vided by law. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixty year of the sovereignty and indepen- 
dence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Establish Certain Roads, Bridges and Fer- No. 4588. 

RIES, AND TO ReNEW AND AmEND CeRTAIN CHARTERS HERE- 
TOFORE Granted. 

I. Be it enacted by the Senate and House of Representatives, Y^k\»- ^9"<*> 
now met and sitting in General Assembly, and by the authority of 
the same. That a new road in York District, from the residence of 
Joseph McCash, on the Yorkville and Rutherfordton road, to 
Gaffuey's Ferry, on Broad River, about two miles long, be opened 
and laid out by M. L. Ross, W. L. Hopson, and L. H. Anthony, 
and then turned over to the Commissioners of Roads of the said 
District, and is then hereby declared to be a public road, on the 
condition that the owners of the land over which said road will 
pass shall grant the right of way without charge to the State. 



56 STATUTES AT LARGE 

A^D. 186L II. That the CommissioDers of Roads for Orange Parish do lay 
~^ out and open a new road, leading from Rowe's Pump, on the South 

Orange Parish'. Carolina Railroad, westward, to the Orangeburg and Charleston 
road, near the residence of Mrs. Susan Bowman, along its present 
route and track, by the residence of James Cox, Francis Baxter, 
Thomas P. Stokes, Lewis J. Crum, and others; and when so laid 
out and opened, the said road be, and the same is hereby declared 
to be, a public road. 

III. That Galarant's Ferry, over the Little Pee Dee River, be 
Ferry^'^^^'^'^"*^'^ established as a public ferry, and vested in Mathew Martin, his 

heirs and assigns, for the term of fourteen years, with the following 
rates of toll : For footman, five cents; for man and horse, ten cents; 
for all carriages drawn by one horse or mule, or an ox cart, twenty- 
five cents; for all carriages drawn by two horses, mules, or oxen, 
thirty-five cents; for all carriages drawn by three horses, mules, or 
oxen, fifty cents ; for ail carriages drawn by four horses, mules, or 
oxen, seventv-five cents; for all carriages drawn by five horses, 
mules, or oxen, one dollar ; for cattle, five cents per head ; for hogs 
and sheep, three cents per head. 

IV. That the citizens of Anderson and Greenville Districts, 
cie?Jdn°^' tnd ^^^'"S i" ^^^^ neighborhood of Hiram Cooly's Bridge, over Saluda 
Greenville Dis- River, as now erected, shall have the privilege to keep up, in good 

repair, a bridge which they have -now erected over Saluda River, 
near the bridge of the said Hiram Cooly, which bridge shall be a 
free bridge to the public, at which no one shall be charged toll for 
crossing. That the said bridge be kept in good repair by the labor, 
and at the cost, of those persons who have contributed monej', 
means or labor to erect the present bridge. This privilege shall 
continue in force so long as the said persons shall keep up the same, 
and the ronds leading thereto, without expense to the public. 

V. That Hiram Cooly be permitted to keep up the bridge over 
Bnd.p, Saiu- Saluda River, as it now is, for the term of fourteen years, as a toll 

bridge, and he shall receive such tolls thereat as he received under 
and while his former charter existed ; but this privilege to the said 
Hiram Cooly shall not interfere with any of the rights or privileges 
hereinbefore, by the fourth Section of this Act, granted to certain 
persons named therein. 

VI. That the new road now existing and used, leading from 
Xew Road, Summerville, in the Parish of Saint George, Dorchester, to Bacon 

che^t^e/.^*^'"'^'*^" Bridge, on Ashley River, about four miles long, be, and is hereby, 
declared to be a public highway; and shall be worked on, and kept 
in good order as such, by the Commissioners of Roads of the 
Lower Boarrl in the Parish of Saint George, Dorchester, in the 
District of Colleton. But the said Commissioners of Roads shall 
first obtain the right of way from the proprietors of the land over 
which the said road shall be laid out. 

VII. That a new road be laid out in Edgefield District, running 
New Road, from Aiken to Edgefield Court House, about two miles from Aiken, 

tric^! ^ ^"^ intersecting the Leesville Road, or the public road running by 

Charles Plunket's, about one mile south of said Plunket's: 
Provided, That the consent of laud owners be first obtained, with- 
out cost to the State : That T. G. Croft, Andrew Jordan and 
Charles Plunket be appointed Commissioners, with power to lay 



OF SOUTH CAROLINA. ' 57 

out the said road, and have the same cleared out ; and that said ^- ^- ^^oi. 
road be declared a public highway, and turned over to the Com- ' v'^ 
missioners of Roads for said District. 

In the Senate House, the t^Yenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Regulate the Reports of the Railroad Com- No. 4589. 

PANIES, AND FOR OtHER PURPOSES. 

I. Be it enacted by the Senate and House of Representatives, Railroad com- 
now met and sitting in General Assembly, and by the authority of panics to make 
the same, That the several railroad companies chartered by this ^^^*^^ ^ 
State be, and the same are hereby, required to file in the Comp- 
troller General's office, on or before the first day of Octoberj in each 
year, reports, according to the following schedule, viz*: 



58 



STATUTES AT LARGE 



Form of Re- •< 
port. ^^ 



00 

!-. 

Si 

S S 



<j 






g 



Gh 











Future Prospects of 

Road, and 
General Renaarks. 




•pBCjj J8A0 saaSaassBj jo jaqmn^ 




Casualties. 


■p^niS SQosjaj 




•pajnfni suosjaj 




o; sarejjj aaSaassBj; jo s8jn[iB^ 




•sn|djng 




•spoapiAi(j 




j •sSaiuj'Bg; %s^ 




j -sasnadxg; 




•sSaiDJB^; 




•suiBJX ^qSta-JJ JO paadg 




•saiujj;^ aaSu86SBj jo paadg 




•saqouBjg jo qiSnaq; 




1 -papnj^saoQ p^o'jj jo ^}Su^'l[ 




•pBO^ JO 5S03 p?ox 




•iqaQ SupBoj^ 




•a^Big aqi ifq 
i paaiU'B.i^nr) ^ou 'iqaQ p3punj[ 




•a'jBlg 9\\% iq p8aiUBat?n£) spaog 




•UJ pi^J i^OO^g ^B^JldtJQ 




•paquosqng ijooig ^B'jidBQ 






•auiBj^ 





OF SOUTH CAROLINA. 59 

And any Eailroad Company which shall fail to make such report ^- ^- i^*''i- 
shall be liable to a penalty of one hundred dollars, to be recovered v~~^ 

by action of debt in any Court having jurisdiction. 

II. That all Acts and clauses of Acts requiring Railroad Com- repealed.^ ^^°'^ 
panics to make reports of their condition to the Legislature be, and 

the same are hereby, repealed. 

III. That it shall be the duty of the Comptroller General to col- 
late the said reports in one general abstract, and publish the same 
with his Annual Report; and also to report any Railroad Company 
which shall fail to make such report. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Authorize the Formation of a Volunteer Com- No. 4590. 
PANY OF Light Artillery, and to incorporate the same, 

■ BY THE NAME OF THE " WaCCAMAW LiGHT ArTILLERY." 

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 Adjutant and Inspector General of the State of Adjutant and 
South Carolina be, and he is hereby, empowered to inspect and re- emi to inspect 
ceive into the thirty-third regiment of South Carolina Militia, a ^"'^'■®''^'^®- 
new volunteer company of light artillery, to be styled the " Wac- 
camaw Light Artillery," any law to the contrary hereof notwith- 
standing. 

II. That the said company shall have attached to the same one Officers. 
Captain, three Lieutenants, five Sergeants, four Corporals, and one 
Secretary and Treasurer, and shall not consist of more than one 
hundred or less than forty men, including officers, non-commissioned 
officers and privates; and whenever it shall be reduced under the 
number of forty men, above required, and shall not recruit to such 
number within six months after notice to its commander to fill up its 
ranks, it shall be disbanded, and the commissions of its officers va- 
cated. 

III. That the said company, as soon as it shall have been re- Incorporation, 
ceived, as herein provided for, be, and the same is hereby declared company an. 
to be, a body politic and corporate, under the name and style of the 

" Waccamaw Light Artillery," for the term of fourteen years from 
the ratification of this Act, with all such powers as are incident to, 
and all such liabilities as are now imposed by law upon, like cor- 
porations. 

IV. That the said company shall have the power to adopt a con- Corporate 
stitution and by-laws, antl enforce the same by all needful rules and 
regulations; to hold company courts niartial, tO' be appointed by 

the officer in command, for the trial of all offences created by such 



60 STATUTES AT LARGE 

A. D. 1861. constitution and by-laws, and to collect, by process of execution, as 
**"~v ' now provided for by law, all fines and penalties which shall be im- 
posed by such company courts martial. 

V. That it shall be the duty of the Sherifi* of Georgetown Dis- 
forceTrocess."' *^'^^^ *° enforce all legal process issuing from the courts martial of 
said company, and make return thereof to the Secretary and Treasu- 
rer of said company, within three months after the same may have 
been lodged, under a penalty of fifty dollars for each and every 
failure so to do. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and indepen- 
dence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4591. AN ACT to Aid in the Construction of the Barnwell 

Railroad. 



I. Be it enacted by the Senate and House of Representatives, 
now met and sitting in General Assembly, and by the authority of 
endorsed ^^ by the Same, That whenever the Barnwell Railroad Company shall 
State. have graded, bridged, and shall have ready to put down the neces- 

sary timbers for the reception of the rails, and fully prepared the 
said r(^ad, in a good and substantial manner, with good materials, 
for putting on the iron rails, and the Governor shall be notified of 
the fact, and the said road is not subject to any lieu whatsoever 
other than that created in favor of the State by this Act, by the 
written affidavit of the President and Chief Engineer of said com- 
pany, then the Governor shall cause to be endorsed by the Comp- 
troller General, upon the bonds of the said company, to an amount 
not exceeding five thousand dollars per mile of the said road, the 
guarantee of the State of South Carolina, pledging therefor the faith 
and funds of the State, which bonds shall be payble at such place 
in the Confederate States as the President of the company may des- 
ignate, bearing an interest of seven per centum per annum, payable 
semi-annually, and not having more than twenty years to mature. 
Endorsed ^^- T'^^t the bonds endorsed as aforesaid shall not be used by 
bonds, restric- said company for any other purpose than for procuring the iron 
tion upon their ^^jj^^ chairs, spikes and equipments for said road, and for putting 
down said iron rails, and the Governor shall not cause the same to 
be endorsed unless upon the affidavit of said President, and a resolu- 
tion of a majority of the Board of Directors for the time being, 
that said bonds shall not be used for any other purpose than for 
procuring the said iron rails, chairs, spikes and other equipments 
for said road, and for putting down said iron rails. 

III. That as soon as any such bonds shall have been endorsed 

edbondstob"a for the said road, as aforesaid, they shall constitute a lien upon said 

road, including the road-bed, right of way, grading, bridges and 



use 



Lien, endors- 



OF SOUTH CAROLINA. 61 

masonry, upon all the stock subscribed for in said company, and ^- ^- ^'5'5^- 
upon said iron rails, chairs, spikes and equipments, when purchased ^•"■"~v™~' 
and delivered ; and the State of South Carolina, upon the endors- 
ing of the said bonds, and by virtue of the same, shall be invested 
with said lien or mortgage, without a deed from the company, for 
the payment by said company of said bonds, with the interest. 

IV. That when the whole of said road shall be completed, the jnvlfgted with a 
State of South Carolina shall be invested with a lien, without a deed lien. 

from the company, upon the entire road, including the stock, right 
of way, grading, bridges, masonry, iron rails, chairs, spikes, and the 
whole superstructure and equipments, and all the property owned 
by the company, as incident to or necessary for its business, for the 
payment of all of said bonds, endorsed as aforesaid, as provided in 
this Act, and for the interest accruing on said bonds. And after 
the Governor shall have caused bonds to be endorsed, as provided 
in the first Section of this Act, for the said road, it shall not be law- 
ful for said company to give, create or convey, to any person or 
persons, or body corporate whatever, any lien, incumbrance or 
mortgage of any kind, which shall have priority over, or come in 
conflict with, the lien of the State herein secured ; and any such 
lien, incumbrance or mortgage, shall be null and void, as against 
said lien or mortgage of the State ; and the said lien or mortgage 
of the State shall have priority over all other claims existing or to 
exist against said company. 

V. That the State expressly reserves the right to enact, hereaf- Protectiv« 
ter, all such laws as may be deemed necessary to protect the in- i^ayenact 
terest of the State, and to secure it against any loss in consequence 

of the endorsing of bonds under the provisions of this Act, but in 
such manner as not to impair the vested rights of the stockholders 
of the company. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and indepen- 
dence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Incorpoeate Certain Societies, Associations and No. 4592, 
Companies, and to Renew and Amend the Charters of 
Others, and for Other Purposes. 

I. Beit enacted hy the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That the officers and privates composing the volunteer corps 
of heavy infantry known as the " Jasper Greens," and attached to Jasper Greens, 
the fourth brigade of South Carolina militia, and of the corps of 
light infantry known as the " Beauregard Light Infantry," and at- 
tached to the first regiment of rifles of the same brigade, be, and 
they are hereby, declared bodies politic and corporate, by the name 



62 STATUTES AT LARGE 

A. D. 1861. 2ind st3'le, respectively, of the " Jasper Greens " and the " Beaure- 
^""■■^ "~^ gard Light Infantry ;" that the said companies shall have succes- 
LighanfeltYy^. sio'i of officers, and shall have the power to hold estate, real and 
personal, to the value of five thousand dollars, and the same, or 
any part thereof, to alien, sell or transfer ; to have and use a cor- 
porate seal ; to make all needful by-laws, rules and regulations, not 
repugnant to the laws of the land ; to hold company courts martial, 
for the trial of cases of defiiult and of infraction of the by-laws, 
rules or regulations of the company; to issue process, in the nature' 
of an execution, for the collection of all Hues imposed by such 
courts, which process shall have the same force and effect, and be 
executed in the same manner, as now required by law in case of 
process issued by other courts martial, and be returned to said 
companies, or to such officer thereof as the process may direct ; to 
sue and be sued ; and shall have all other rights, powers and privi- 
leges incident to bodies corporate : Provided, That nothing herein 
contained shall be construed to exempt the said companies from any 
military service that may be required by the laws of this State, or 
from answering for default of such service to any court martial of 
the brigade or regiment to which said companies may be attached. 
IL That the South Carolina Rangers, of the city of Charleston, 
liua"Rangers^°" ^®' ^nd the Same are hereby, declared to be a body politic and cor- 
porate, under the name and style of the "South Carolina Rangers," 
for the term of fourteen years from the ratification of this Act, with 
' all such powers as are incident to, and all such liabilities as are now 

imposed by law upon like corporations; and that the said company 
shall have power to adopt a constitution and by-laws, and enforce 
the same by all needful rules and regulations ; to hold company 
courts martial, to be appointed by the officer in command, for the 
trial of all offenses created by the constitution and by-laws; and to 
collect, by process of execution, as now provided for by law, all fines 
and penalties which shall be imposed by such company courts 
martial ; that the said company shall be attached to such regiment 
of the fourth brigade as they shall think proper to select, and be 
constituted, as to number of officers, non-commissioned officers and 
privates, as provided for a corps of cavalry by the Military Act of 
Assembly of one thousand eight hundred and forty-one. 

III. That John B. Frazer, G. \Y. Spence, and G. W. Skrine, and 
Routh Caro- others, who are now, or may hereafter be, associated witli them as 

una Comman- , r, . . , •' ,, -, i /^ i- /-, i 

dary, Knights members 01 an association known as feouth Carolina Commandery, 
Templar. j^q_ ;[^ Kuights Templar," be, and they are hereby, declared a body 

politic and corporate, by the name and style of " South Carolina 
Commandery, No. 1, Kuights Templar," with power to invest funds 
in estate, real and peivsonal ; and to have and exercise all the rights, 
powers and privileges incident to bodies corporate. 

IV. That the charter heretofore granted to the " Cheraw Bridge 
Cheraw Bridge Company " be, and the same is hereby, renewed and extended, with 
Company. ^jj ^j^g rights and privileges heretofore granted. 

V. That the officers and privates composing the volunteer corps 
7 '^'^•''X'^^**^" known as the Charleston Zouave Cadets be, and they are hereby, 

declared a body politic and corporate, by the name and style of the 
"Charleston Zouave Cadets;" that the said company shall have the 
power to hold estate, real and personal, to the value of five thousand 



OF SOUTH CAROLINA. 63 

dollars, and the same, or any part thereof, to aliea, sell or transfer ; ^- ^- ^^*'^- 
to make all needful by-laws, rules and regulations, not repugnant to "" 

the laws of the land ; to hold company courts martial, for the trial 
of cases of default and of infraction of the by-laws, rules or regu- 
lations of the company ; to issue process, in the nature of an exe- 
cution, for the collection of all fines imposed by such courts, which 
process shall have the same force and effect, and be executed in the 
same manner as now required by law in cases of process issued by 
other courts martial, and be returned to the said company, or to 
such officer thereof as thg process may direct ; to have succession of 
officers and members; to sue and be sued ; and shall have all other 
rights, powers and privileges incident to bodies corporate : Provided, 
That nothing herein contained shall be construed to exempt the 
said company from any military service that may be required by 
the laws of this State, or from answering for default of such service 
to any courts martial of the brigade or regiment to which said 
company is attached. That all the rights, powers and privileges 
conferred by this Act on the South Carolina Rangers be, and the 
same are hereby, conferred on the Marion Rangers, commanded by 
Captain John B. Earnest, in the fourth brigade South Carolina 
Militia. 

VI. That the charter heretofore granted to the town of Sum- Summerville. 
merville be so amended as to empower the said Town Council to charter of town 
raise, annually, by taxation, for the uses of said corporation, a sum '^'• 

not exceeding five hundred dollars ; and that said Council be further 
empowered to impose a tax on horses and carriages of every kind, 
kept in said town, whether by permanent or transient residents ; and 
upon carts and wagons used in said town by non-residents, for hire, 
or conveying lumber, freight and baggage about the town : Provided, 
That the part lying within the corporate limits of said town, of the 
farm belonging to Samuel Kingman, be exempted from all taxation 
by said Town Council, so long as there shall be no building thereon. 

VII. That this Act shall be, and is hereby declared to be, a public 
Act, and shall continue of force for the term of fourteen years. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and inde- 
pendence of the State of South Carolina. . 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Repreaeotatives. 



AN ACT TO Amend ak Act entitled "An Act Creating a No. 4593, 
Military Establishment for the State of . South Caroli- 
na, 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 



64 STATUTES AT LARGE 

A. D. 1861. game, That the third Section of an Act entitled "An Act creating 
''""~~^' — ^ a Military Establishment for the State of South Carolina, and for 
Amendments. Qtjjgj. purposes," ratified the twenty-eighth day of January, in the 
year of our Lird one thousand eight hundred and sixty-one, be, and 
the same is hereby, altered and amended, so as to read as follows, 
viz: That there shall be one regiment of artillery, which shall con- 
sist of the officers allowed by the laws of the Confederate States of 
America to regiments of artillery, and not less than eight compa- 
nies ; and each company shall consist of one captain, two first lieu- 
tenants and one second lieutenant, five sergeants, four corporals, two 
artificers, two musicians, and not less than sixty nor more than one 
hundred privates, and one company of artillery may be equipped 
as a harnessed battery of light or flying artillery. 

II. That the fifth Section of the said Act be, and the same is 
hereby, altered and amended, so as to read as follows, viz : That 
there shall be one squadron of cavalry, convertible into infantry or 
artillery, as the War Department may direct, which shall consist 
of one major, one adjutant and one quartermaster, one sergeant 
major, one quartermaster sergeant, and four companies, each of 
which shall consist of one captain, one first lieutenant and one 
second lieutenant, four sergeants, four corporals, two musicians, two 
artificers, and not less than sixty nor more than one hundred pri- 
vates. 

III. That the tenth Section of the said Act be, and the same is 
hereby, altered and amended, so that the enlistments made there- 
under shall be for a period of three years, or during the continu- 
ance of the war betwreen the United States and the Confederate 
States of America, unless the persons so enlisted shall be sooner 
discharged, and all re-enlistments shall be for a period of three 
years, or during the continuance of the said war, unless the non- 
commissioned officers and privates so re-enlisted shall be sooner 
discharged : Provided, That nothing herein contained shall be con- 
strued as making provisions for the maintenance of a military force 
of any kind for a longer period than while they are in the service 
of the Confederate States of America. 

IV. That the second, sixth, seventh and eighth Sections of the 
said Act be, and the same are hereby, repealed. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WM. D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



OF SOUTH CAROLINA. 65 

AN ACT TO Amend the Charter of the Union Light In- a.d. isei. 

FANTRY Charitable Society and Cobipany. ^ ^^ ' 

No. 4594. 

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

same, That the charter of the Union Light Infantry Charitable dmiTer!"'"* °^ 

Society and Company be, and the same is iiereby, amended, so that 

the said society shall have power to elect honorary and actual 

members who are not members of the said company, aud that it 

shall not hereafter be requisite that the members of the said society 

shall be members of the said company. 

II. That the said company shall be held and taken as a body incorporated 
corporate and politic, separate from the said society, and shall not 

consist of less than forty men, including officers, non-commissioued 
ofiicers and privates, any law to the contrary notwithstanding ; that 
it shall have power to adopt a constitution and by-laws, and to 
enforce the same, hold company courts martial, to be composed of 
the commissioned officers, for the trial of all offenses created by 
said constitution or by-laws, and to issue execution for the same, 
under the hand and seal of the commanding officer. 

III. That it shall be the duty of the Sheriff" of Charleston DIs- o, ,„ . 

,, •' ... , . baeria to exe- 

trict to execute any process or hue directed to him under said hand cute process. 
and seal ; Frovided, That no fine be imposed for a larger amount 
than twenty dollars ; that all fines collected shall be paid to the 
commanding officer aforesaid ; and on the failure of said Sheriff 
to execute said process, a rule may issue on the suit of said officer, 
returnable to the next term of Court — said rule to be issued by 
the Clerk of Common Pleas for Charleston District, requiring said 
Sheriff' to show cause why he has not enforced said execution ; and 
no cause being shown, he shall forfeit the sum of fifty dollars to 
said company, judgment for which shall be signed instanter, 

IV. That the charter herein granted to said society and company -^ . .. .. „ 

1 11 . ., ,,...*=„ , . . , / , , Limitation of 

shall expire with the limitation of the original charter ; and the charter. 
members of said company shall not be liable to do militia or patrol 
duty other than in said company. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight huudred and sixty-one, 
and in the eighty-sixth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



Vol. 13—5 



66 



STATUTES AT LARGE 



A. D. 1861. 

No. 4595. 



AN ACT TO Incorporate the Florence and Fayetteville 
Railroad Company. 



Railroad, au- 
thority to build 



Comniission- 
ers to receive 
subscriptions. 



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 for the purpose of forming a railroad communication 
between Florence, in this State, and the town of Fayetteville, in the 
State of North Carolina, the formation of a corporate company is 
hereby authorized, to be called "The Florence and Fayetteville 
Railroad Company," which company, when formed, are hereby 
authorized to construct a railroad from Florence to a point at or 
near Mclnnis' Bridge, on Little Pee Dee River, and thence to 
Fayetteville, in the State of North Carolina, following, throughout 
its length, a line between said points, as nearly direct as may be 
consistent with the most economical construction of said road. 
Capital stock. II. That the capital stock of said company shall be fifteen hun- 
dred th-^usand dollars, to be divided in shares of one hundred dol- 
lars each, with the privilege of increasing said capital, at any time 
after the company is organized, to an amount not exceeding three 
million dollars, in like shares of one hundred dollars each. 

III. That for the purpose of raising such capital stock, books of 
subscription are hereby authorized to be opened at the following 
places, and by the following persons, as Commissioners, that is to 
say: At Harlleesville, in Marion District, by A. W. Bethea, A. S. 
McCorraick and James McRae ; and at Clio, in Marlborough Dis- 
trict, by Charles McRae, John A. McRae and P. B. McLauren ; 
with power in said Commissioners, or any three of them, to appoint 
Commissioners at such other places as they may think proper; 
"which books of subscription may be opened at any time, and from 
time to time, as the said Commissioners herein named, or a majority 
of them, shall determine, upon first giving at least thirty days' 
public notice of the time and place of opening said books. 

IV. That whenever the sura of three hundred thousand dollars 
shall have been subscribed by responsible individuals, companies or 
corporations, to the capital stock of said company, anrl an instalment 
of five dollars on each share paid in cash, it shall be lawful for said 
company to organize and proceed to the construction of the said 
railroad ; and for the purpose of so organizing, it shall be the duty 
of the Commissioners herein named to call a meeting of the stock- 
holders, fixing the time and place of such meeting. 

V. That for the purpose of organizing said company, and of 
continuing the said railroad, the said company is hereby invested 
with all the powers and privileges, and is made subject to all the 
duties and liabilities that the Wilmington and Manchester Railroad 
Company are invested with and subject to by an Act entitled "Au 
Act to charter the Wilmington and Manchester Railroad Com- 
pany," ratified on the eighteenth day of December, in the year of 
our Lord one thousand eight hundred and forty-six ; and the charter 
of the said Wilmington and Manchester Railroad Company shall 
be -and constitute, as far as practicable, the charter of the said 
Florence and Fayetteville Railroad Conipany. 

VI. That the company hereby authorized to be formed shall not 
have power to discriminate on freight and travel against any of the 



Organization. 



General powers 



OF SOUTH CAROLINA. 67 

railroads now in operation, or which may at any time hereafter be "A. D. 1861. 

constructed in South Carolina, but the charges of freight and travel ' v ' 

shall be the same in every instance, agreeable to distance, under the f.^"^'^^^ ^^'^ 
penalty of forfeiture of their charter. That the gauge of said road chargeruni- 
shall be five feet, to correspond with the gauges of the railroads in *'*''"'" '" ""'ite. 
South Carolina, throughout the entire length of road from Florence 
to Fayetteville, North Carolina. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and" inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speal^er House of Representatives. 



AN ACT TO Incorporate Certain Religious and Charitable No. 4596 
Societies, and Societies for the Advancement of Educa- 
tion, AND to Renew and Amend the Charters op others 
Heretofore Granted. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the same, 
That the charters of the "Hebrew Benevolent Society, of Colum- 
bia," and of "The South Carolina Sunday School Union," hereto- nel^olllT lo' 
fore granted, be, and the same are hereby, renewed, with all the "iety, of Co- 
rights and privileges heretofore granted ; and that all acts done by n"w?of chlT- 
said corporations smce the expiration of their charters be, and the ^"• 
same are hereby, declared as good and valid as if said charters had 
not expired. 

n. That W. Peronneau Finley, E. J. C. Wood, G. D. Mims Public School 
An^ery Coffin, W F. Percival, J. H Cornish, Lucius Cuthbert, etp^oSron 'o"f: 
J. G. Steedman, Edward Smith, and W. A. Merritt, Trustees of a 
public school now in operation in the town of Aiken, be, and they 
and their successors in office are hereby declared, a body politic and 
corporate, by the name of the " Trustees of the Aiken Public 
School," with power to hold property, real and personal, to an 
amount not exceeding at any one time the sum of twenty thousand 
dollars, and the same to sell, alien and convey; and to make all 
by-laws, rules and regulations, not repugnant" to the laws of the 
land, as shall by them be deemed expedient for the better manage- 
ment of the school novr in existence, under their government, or*of 
any similar institution of a literary character which may hereafter 
be founded by them. 

III. That all free white persons who now are, or who may here- 
after become, members of the Mount Lebanon Baptist Church, of liT^Ba^ptist 
i^dgetield District, be, and they are hereby, declared a l)ody politic '^'^"""h- in^or- 
and corporate, by the name and style of the "Mount Lebanon ^°'^''''" '^'• 
Baptist Church," and as such, shall have power to make by-laws 
necessary for the government of the same, and not repugnant to 
the laws of the land ; to sue and be sued, by their corporate title 



68 STATUTES AT LARGE 

A. D. 1S61. in any Court in this State ; to have and use a corporate seal ; and 
^^^~'y~—^ to have and enjoy every right, power and privilege incident to such 
corporations ; and the said corporation is hereby empowered to hold, 
retain, possess and enjoy all such property, real and personal, as it 
may have and possess, or be entitled to, or which shall hereafter be 
given, bequeathed, or devised to, or in any manner acquired by it, 
and to sell, alien, or transfer the same, or any part thereof: Pro- 
vided, That the amount of property so held shall in no case ex- 
ceed the sum of twenty thousand dollars. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and indepen- 
dence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4597. AN ACT to Authorize Certain Building and Loan Associa- 
tions TO Suspend the Call for Monthly Instalments. 

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

T ^ , . the same, That the " Palmetto Loan and Building Association," the 
power to Fus- "Savings Building and Loan Association," the "Relief Loan As- 
pend collection goc^ation," the" Mutual Benefit Loan Association," and the "Home 
Loan and Building Association," are hereby authorized to suspend 
the call for monthly instalments, as required by their several char- 
ters, if, in the judgment of their respective Boards of Directors, 
such suspension shall be advisable. 

II. That this Act continue of force until the first day of Jan- 
uary, in the year of our Lord one thousand eight hundred and 
sixty-three. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty sixth year of the sovereignty and indepen- 
dence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



OF SOUTH CAROLINA. 69 

AN ACT TO Encourage the Manufacture op Salt within a. d.isgi. 

THIS State. ^ '~ 

No. 4598. 

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 two joiut stock companies for the manu- 
facture of salt is hereby authorized; and as soon as either of said j^j^g 'fo^°'the' 
companies shall have obtained subscriptions to the capital stock of manufacture 

A . ■ ,. ,11111 1 i .1 i. i? of, authorized. 

the same, m shares of one hundred dollars each, to the amount oi 
five thousand dollars, and the first instalment often dollars paid in, 
the Comptroller General, if satisfied of the solvency of such sub- 
scriptions, is authorized to subscribe, on behalf of the State, not 
exceeding five thousand dollars, to the capital stock of each com- i^y^g^l^g""!^^" 
pany; and on his making such subscription, and paying the first made. 
instalment thereon, the company shall be considered as formed, and 
an Act of incorporation attach, so as to constitute the subscribers 
thereto a body corporate and politic, by such name and style as the 
said body corporate shall designate and adopt; which said company 
shall have perpetual succession of members, and be capable, in their 
corporate name, to exercise all the rights, powers and privileges 
incident to bodies politic and corporate, not inconsistent with the 
Constitution and laws of this State. 

II. That each stockholder in any company formed under this Act, Votes of stock- 
at all meetings of the stockholders, shall be entitled to a vote for 

every share such stockholder shall have in said company. 

III. Ttiat each company may prescribe the manner and time of Capital, bai- 
paying in the balance of the capital stock of the company, and the ^^'^^ ^f. 

sale and transfer of the stock of delinquent stockholders, and require 
payment of any balance remaining after sale of such stock. 

IV. That the State, in no event, shall be liable on any contract state not liable 
or obligation of the company, to any creditor or stockholder of said p^any!^^*^ ^^^' 
company, over and above the payment of the subscription to the 

capital stock of such company; that the company or companies 
shall make annual reports, each, of its condition, to the Legislature ; 
and that no company shall divide more than twenty percent profit; 
and in case of a dissolution of a company, to make an equal division 
of the capital stock, or so much thereof as may remain, and profits, 
amongst the stockholders, and such portion thereof as shall be com- 
ing to the State be paid into the Treasury. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and indepen- 
dence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



70 



STATUTES AT LARGE 



A. D. 1861. ^x ACT TO Amend an Act entitled " An Act to Incorpo 

'"~"~v— ' RATE THE ChERAW AND COAL FlELDS RAILROAD COMPANY IN 

No. 4599. South Carolina," ratified on the 21st day of December, 
A. D. 1857, AND FOR other Purposes. 



New Commis- 
sioners. 



Powers in- 
creased. 



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 in- 
corporate the Cheraw and Coal Fields Railroad Company," ratified 
the twenty-first day of December, in the year of our Lord one 
thousand eight hundred and fifty-seven, be, and the same is hereby, 
amended, so that William Godfrey and Daniel B. IMcArn shall be 
substituted as Commissioners, in the place of John C. Wadsvvorth 
and James M. Threadgill, named in said Act. 

II. That the company chartered by said Act, when organized, 
and the President and Directors thereof, shall, in addition to the 
powers, rights and privileges granted by said Act, have all the 
powers, rights and privileges, and be subject to the same liabilities, 
except as otherwise specially provided for, as are conferred and im- 
posed by the amendments to the charter of the Cheraw and Coal 
Fields Railroad Company, by an Act entitled *' An Act to revive 
and continue in force an Act entitled ' An Act to incorporate the 
Cheraw and Coal Fields Railroad Company,' " passed by the Gen- 
eral Assembly of the State of North Carolina, at the session of 
1856-'57, Chapter ^fo, ratified on the thirteenth day of September, 
in the year of our Lord one thousand eight hundred and sixty-one. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMOMS, Speaker House of Representatives. 



No. 4600. AN ACT to Incorporate the York Gas Light Company. 



Corporators. 



Powers and 
liabilities. 



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 Jolin H. Adams, Henning F. Adicks, J. Rufus Bratton, 
Richard S. Moore. Stanhope Sadler, and others, who now are mem- 
bers of the York Gas Light Company, and such other persons as 
may become members tiiereof, be, aii(l they are hereby, declared a 
body politic and corporate, by the name of the " York Gas Light 
Company," with a capital of sixteen thousand dollars, and the 
privilege to increase the same hereafter to any sum not exceeding 
thirty thousand dollars. 

II. That the said company shall have succession of officers and 
members, and shall have authority to make rules and by-laws, not 
repugnant to the laws of the land ; to have and use a common seal ; 
to sue and be sued, plead and be impleaded, by their corporate 



OF SOUTH CAROLINA. 71 

title, in any Court of law or equity in this State; and to have and ^- ^- i^*^!- 
enjoy all and every right and privilege incident and belonging to ^""""^v ' 
incorporated bodies. 

III. That the said company shall be able and capable, in law Real estate. 
and equity, to have, hold, receive, possess, enjoy and retain, all j^uthority to 
such property, real and personal, as they niay now be possessed of, 

or in any wise entitled to, or which shall have been, or shall here- 
after be, given or bequeathed to, or in any way acquired by them ; 
and shall have power to alien, sell or otherwise dispose of the same, 
or any part thereof: Provided, The amount so held by the said 
company shall in no case exceed in value the sum of twenty thou- 
sand dollars. 

IV. That the capital stock of said company shall be divided Capital stock. 
into shares of one hundred dollars each, and on any increase of the 

capital, as hereinbefore provided for, the same shall be raised by 
subscription, in shares of one hundred dollars each. And at the 
election of officers, and on all matters that may be submitted to a 
vote of stockholders, each shall be entitled to one vote for each 
share held by him. 

V. That the shares in the capital stock of the said company shall stock personal 
be deemed personal estate, and be transferable only on the books of propuity. 

the said company. And no part of the said capital stock shall, at 
any time, or under any pretence whatever, be loaned to, or divided 
among the stockholders ; nor shall said capital be withdrawn or 
divided among the stockholders until all the liabilities of the com- 
pany have been fully paid ; nor shall any dividend at any time be 
declared, except of the net earnings and profits of the company, 
over and above the capital. 

VI. That the said company shall have power to manufacture, 

make and sell gas, to be made of rosin, coal, oil, turpentine, or Business, 
other material, and to furnish such quantities of gas as may be re- 
quired in or near the town of Yorkville, for lighting the streets, 
stores, 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 Yorkville and its vicinity. 

VII. That if any person shall wilfully injure, or cause to be in- 
jured, any of the property of the said company, such person shall ^ . ,, 
forfeit and pay to the said company treble the amount of damages ages'ioV. ^^' 
sustained by such injury, to be recovered by action in any Court 

having cognizance thereof; and shall also be considered guilty of a 
misdemeanor, and being thereof convicted, shall be punished by 
fine not exceeding three hundred dollars, or imprisonment not ex- 
ceeding one year. 

VIII. That this Act shall be deemed a public Act, and continue 
of force for the period of fourteen years. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and indepen- 
dence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



72 STATUTES AT LARGE 

A. D. 1801. j^-s; ACT TO Amend an Act entitled " An Act to Raise Sup- 

^~" '^ ^ PLIES FOR THE YeAR COMMENCING IN OCTOBER, OnE ThOU- 

Iso. 4601. SAND Eight Hundred and Sixty," and for other Pur- 
poses. 

I. Whereas by the provisions of an Act entitled " An Act to 
raise supplies for the year commencing in October, one thousand 
ot^bondsf^*^'^'^ eight hundred and sixty," ratified the twenty-eighth day of Jan- 
uary, in the year of our Lord one thousand eight hundred and 
sixty-one, the President of the Bank of the State was directed to 
issue certain bonds, signed by him, and countersigned by the 
Cashier of the said Bank, to an amount not exceeding six hundred 
and seventy-live thousand dollars ; and whereas a portion of the 
said bonds have been disposed of, and a portion still remains unsold, 
and it is deemed advisable to issue certificates of stock, instead of 
bonds, as provided for in said Act : 
^ , . Be it, therefore, enacted by the Senate and House of Representa- 

Jjv "whom IS* , *^,,,^ . 

sued. tives, now met and sitting in General Assembly, and by the authority 

of the same, That the Treasurer of the Lower Division be author- 
ized to issue certificates of stock, to be signed by him and counter- 
signed by the President of the Bank of the State, bearing the same 
rate of interest as the said bonds, in the place and stead of so much 
of the said bonds as now remain unsold ; and that upon the appli- 
cation of the holders of any of the said bonds which have been al- 
ready sold, like certificates of stock may be substituted for the said 
bonds signed and countersigned as above directed. 
Interest, ivhen li- That the interest on all stock so issued sliall be paid at the 
amiwherepay- office of the Treasurer of the Lower Division, in Charleston, on the 
first days of January and July in each year. 
Interest on ^^^- That the interest on the six per cent, stock, issued under the 
military de- provisions of an Act entitled "An Act to authorize the issue of cer- 
•vvhen ami ' tificatcs of stock, to provide for the military defence of the State,'' 
where payable, ratified the twenty-second day of December, in the year of our Lord 
one thousand eight hundred and sixty, shall be paid semi-annually, 
on the first days of January and July in each year, instead of an- 
nually, as provided for in said Act. 
Bank refunded IV. That the Bank of the State of South Carolina be refunded 
a certain sum. ^|^g g^^j^^ ^j- ^^j^g hundred and fifty thousand dollars, advanced as a 
portion of the sum ai>proi)riate<i for the military defence of the 
State, in the seventh Section of an Act entitled " An Act to raise 
supplies for the year commencing in October, one thinisand eight 
hundred and sixty," ratified the twenty-eighth day of January, in 
the year of our Lord one thousand eight hundred and sixty-one. 
And the Treasurer of the Lower Division is hereby authorized to 
pay the drafts for the said amount, drawn by His Excellency the 
Governor, countersigned by the member of the Executive Council 
charged with the Treasury Department, and made payable to the 
Bank of the State. 
^- , . . V. That so much of the twelfth Section of the Act last aforesaid 

>otei= refeiva- . i-> i ,. i r-, o m i /-^ ■>• ^ • 

bic, authority as authorizes the Bank of the State of South Carolina to issue 

iiealed!"*^ ^^' Dotes* or certificates receivable in payment of taxes and other dues 

to the State, to the amount of two hundred thousand dollars, be, 

and the same is hereby, repealed. And the Bank of the State of 



OF SOUTH CAROLINA. 73 

South Carolina is hereby authorized and directed to charge, as an A. D.lSGi. 
advance to the Treasui-y of the State, the sum of two hundred "^ 

thousand dollars, or so much thereof as may be paid to the order charge d*"to 
of the Governor by the Bank, in pursuance of tlie provisions of Treasury, 
the said twelfth Section of the Act aforesaid, and for which the 
authority to issue notes or certificates is hereby repealed. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and indepen- 
dence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Regulate Elections of Members of the Legis- No. 4602. 

LATURE AND OxHERS WiTHIN THE PARISHES OP St. PhILIP 

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 elections for a member of Congress, members of the 
Legislature, Sheriffs, Clerks, and all other District officers to be 
elected by the people within the Parishes of St. Philip and St. St. Philip's 
Michael, shall in future be held at ten different places — one of eim el's, 'Eiec- 
which shall be held in Ward number one of the City of Charleston, •jj'parTs'i^es'of^ 
one in Ward number two, two in Ward number three, two in Ward 
number four, one in Ward number five, one in Ward number six, one 
in Ward number seven, and the other one in Ward number eight; and 
the residents in the same shall be authorized and required to vote in 
that Ward of the city in which they respectively reside, and 
nowhere else within the said Parishes. The residents of the said 
Parishes, who reside outside of the limits of the City of Charleston, 
are hereby authorized and required to vote at either of the polls 
established in Wards number seven or number eight, at their 
option. That three Managers for each of the polls hereby estab- 
lished shall be appointed by the General Assembly ; and the Board 
of Managers thus formed shall have authority so to locate the 
various polls, and prescribe the boundaries of the new election pre- 
cincts herein established in Wards numbers three and four, within 
the Wards aforesaid, as will best suit, in their opinion, the conve- 
nience of voters. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



74 STATUTES AT LARGE 

^A. p. 1S6L ^-^ ACT TO Suspend the Ninth Section of an Act Entitled 
1^"' ^ [^. . " An Act to Raise Supplies for the Year one thousand 
i\o. 4603. EIGHT hundred and twenty-three," and for Other Pur- 
poses. 

I. Be it enacted b}^ the Senate aud House of Representatives, 
now met and sitting in General Assembly, and by the authority of 
9th"s«°ion''A! the same. That the ninth Section of an Act entitled "An Act to 
A. 1823. raise supplies for the year one thousand eight hundred and twenty- 

three," ratified on the twentieth day of December, in the same year, 
be, and the same is hereby, suspended, until the first day of Janu- 
ary which shall be in the year of our Lord one thousand eight 
hundred aud sixty-three. 

IL That it shall be the duty of the several Boards of Commis- 
sioners of Free Schools, who have made default in making their 
Retiirns, returns to the present session of the Legislature, as required bv 

default in 1 , , , ^ , ,, -ii^it-, ^ .-, 

making. Jaw, to makesuch returns, together with the additional return which 

will be then due, to the session commencing on the fourth Monday in 
November, in the year of our Lord one thousand eight hundred 
and sixty-two ; in default whereof, all appropriations for the use of 
any such defaulting Board shall be withheld. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty aud indepen- 
dence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Seuate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4604. AN ACT to Authorize the Board of Trustees and Faculty 
of the Medical College of South Carolina to Apply 
CertaJi^ Funds to the Payment of Debt, and to 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 

Unexpended g^me. That the Board of Trustees "^and Faculty of the Medical 

moneys to be ,, ,, ' ,. r-, , /-, ,. • ,1 1 r 1 • 1 » 

applied to College of South Carolina be, and they are hereb}% authorized and 
debts. empowered to apply the unexpended remainder of the sura of 

twenty thousand dollars, appropriated by the State for the use of 
the said College, on the twentieth day of December, in the year of 
our Lord one thousand eight hundred and fifty-three, to the fol- 
lowing uses, to wit : Three thousand dollars to the payment and 
reduction of the debts of the said College, and two thousand dollars, 
or the residue, to such purposes as the said Trustees aud Faculty 
may determine. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



OF SOUTH CAROLINA. 75 

AN ACT TO Require the Circuit Judges to send, with their ^- ^- ^^61. 
Reports to the Appeal Court, the Notes of Evidence * v-^—' 

TAKEN ON THE TrIAL. No. 4605. 

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 on request of any party interested in the appeal, ^^otesof 

the Judge before whom the case may be tried on circuit shall send, 
with his report to the Court of Appeals, the notes of evidence taken 
by him on the trial, or a certified copy of the same. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAjNI D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Alter and Amend the Second Section of an Act No. 4606. 

ENTITLED " An AcT TO AlTER AND AmEND THE LaW IN RE- 
LATION TO Fish Sluices on the Catawba and Wateree 
Rivers, 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 the second Section of an Act entitled " An Act to alter as t^'^enaiTy."* 
and amend the law in relation to Fish Sluices on the Catawba and 
Wateree Rivers, and for other purposes," ratified on the twentieth 
day of December, in the year of our Lord one thousand eight hun- 
dred and thirty-seven, be so altered and amended as to read as fol- 
lows: That any person who shall be convicted, by indictment, in 
the Court of Sessions, of obstructing the Fish Sluices in Congaree, 
Wateree arid Santee Rivers, shall be fined and imprisoned, at the 
discretion of the Court. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty- 
one, and in the eighty-sixth year of the sovereignty and in- 
dependence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



76 STATUTES AT LARGE 

A.D. 1861. XN ACT TO Alter the Time of Holding the Election fok 
^ ^ ^ Ordinary of Anderson District. 

No. 4607. 

I. Beit enacted by the Senate and Houseof Representatives, now 

met and sitting in General Assembly, and by the authority of the 

chang?''ofTime Same, That the next election for Ordinary of Anderson District 

of election of. shall be held on Tuesday after the second Monday in October which 

shall be in the year of our Lord one thousand eight hundred and 

sixty-two, and on the same day in every fourth year thereafter. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



I 



No. 4608. AN ACT to Confer the Rights of Legitimacy on a Cer- 
tain Child of Mary Mullinax. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
Legitimized, same, That the' natural son of R. W. Hughes, begotten upon the 
body of Mary Mullinax, with whom the said R. W. Hughes has 
since intermarried, called by the name of Franklin Elmore Hughes, 
be, and he is hereby, invested with all the rights and privileges of 
a legitimate child, and authorized and entitled to take and hold 
real and personal estate, under the statutes for the distribution of 
intestates' estates, or as legatee and devisee of his said parents, in the 
same manner, and to the same extent, as if he had been born in 
lawful wedlock. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and inde- 
i:)eDdence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



No. 4609. AN ACT to Authorize , Trustees to Invest Funds in Bonds 

OF the Confederate States. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
Confederate same, That Guardians, Trustees, Administrators, Executors, Mas- 
funds' mVy" be ters and Commissioners in Equity, and all other persons holding 
invested in. funds in trust for investment, are hereby authorized to invest the 



OF SOUTH CAROLINA. 77 

same in bonds of the Confederate States of America : Provided, A. D. 1862. 
That as to Masters and Commissioners there be no order of the ^""v"""^ 
Court directing a different investment. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Amend the Law as to the Election of Offi- No. 4610. 

CERS OF THE SoUTH CAROLINA CoLLEGE. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the college officers, 
same, That the second Section of an Act entitled " An Act to alter when to be 
and amend an Act entitled 'An Act to establish a college at Colum- '"^'^^^'^ • 
bia,'" passed on the twentieth day of December, in the year of our 
Lord one thousand eight hundred and twenty-five, be so amended 
that it shall be lawful for the Board of Trustees to elect officers for 
the college at the semi-annual, as well as the annual, meeting of the 
Board: Provided, That a majority of the whole Board are present. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-one, 
and in the eighty-sixth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
JAMES SIMONS, Speaker House of Representatives. 



AN ACT TO Raise Supplies for the year commencing in Oc- No. 46n. 
TOBER. One Thousand Eight Hundred and Sixty-two. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That a tax for the sums and in the manner hereinafter men- 
tioned, shall be raised and paid into the Treasury of this State, for 
the use and service thereof; that is to say : one dollar and thirty cents 
ad valorem on every hundred dollars of the value of all lands Lands. 
granted in this State, according to the existing classification, as here- 
tofore established ; one dollar and twenty six cents per head on all Slaves. 
slaves : Provided, That all lands or slaves in this State, now in pos- 
session or under the control of the enemy, and such other lands or Exemption. 
slaves as may be taken by the enemy before the return of the said 
property to the Tax Collector, and also such other lands as shall 
have been abandoned by the owners in consequence of the action of 



ii 



STATUTES AT LARGE 



A. D. 1863. 
Free Negroes. 

Real estate. 



Exception in 
Charleston, 



Exonption. 



Factorage, em- 
ployments, &c. 



Commissions. 
Bank stock. 



(las light and 
insurance com- 
panies. 



(ioods, wares, 
and merchan- 
dise. 



the Military authorities, shall be exempt from taxation under this 
Act ; three dollars on each free negro, mulatto or mestizo, betsveen 
the ages of fifteen and fifty years, except such as shall clearly be 
proved to the satisfaction of the Collector to be incapable, from 
wounds or otherwise, of procuring a livelihood, and except those 
who now are, or have at auy time been, in the serviee of the army of 
this State or of the Confederate States, in the existing war; twenty- 
two cents, ad valorem, on every hundred dollars of the value of 
all lots, lands and buildings within any city, town, village or borough 
in this State : Provided, That the tax on lands and buildings in the 
city of Charleston be assessed on the value of the lands only, where 
the buildiugs and improvements on the land have been destroyed 
by the late conflagation : A^id provided, further, That no tax shall 
be levied on lots, lands, and buildiugs within any city, town, village 
or borough in this State which have passed into the possession or 
under the control of the enemy, or which may pass into the posses- 
sion or under the control of the enemy before returns are made to 
the Tax Collectors ; one hundred cents per hundred dollars on fac- 
torage, employments, faculties and professions, including the profes- 
sion of dentistry, and including herein Clerks of Courts of Common 
Pleas and General Sessions, Sheriffs, Masters and Commissioners in 
Equity, Registers in Equity, Registers of Mesne Conveyance, Or- 
dinaries and Coroners, whether in the profession or employment of 
law or equity, the profits to be derived from the costs of suit, fees, 
or other sources of professional income, except clergymen, school- 
masters, school-mistresses and mechanics ; one hundred cents on 
every hundred dollars on the amount of commissions received by 
vendue masters and "commission merchants ; forty cents per hundred 
dollars on the capital stock paid in on the first of October, one 
thousand eight hundred and sixty-two, of all banks which for their 
present charters have not paid a bonus to the State, which said bank 
tax the stockholder, when he or she resides within the State, shall 
have the right to pay to the Tax Collector of the District or Parish 
where such stockholder resides, by paying the same on or before 
the first day of June next, and forwarding a duplicate receipt of 
such payment to the President of such bank; and in case any stock- 
holder resides without the State, the tax on the stock of such stock- 
holder shall be paid to the Tax Collector of the District or Parish 
where the bank is located; eighty cents per hundred dollars on the 
capital stock of auy bank of issue not incorporated by this State, 
paid in on the first day of October, one thousand eight hundred 
and sixty-two, doing business by agents within the limits of this 
State; forty cents per hundred dollars on the capital stock of all 
incorporated gas-light corapauies; one and a-half per centum on all 
premiums taken in this State by incorporated insurance companies, 
and by the agencies in this State, acting in behalf of insurance com- 
panies and underwriters without the limits of this State; twenty-two 
cents on every hundred dollars of the amount of sales of goods, 
wares and merchandise, embracing all articles of trade for sale, 
barter or exchange (the products of this State, and the unmanufac- 
tured products of any of the States of the Confederate State ex- 
cepted), which any person shall have made from the first day of 
January, in the year of our Lord one thousand eight hundred and 



OF SOUTH CAROLINA. 79 

sixty-two, to the first clay of January, in the year of our Lord one ^- ^- ^'^''^"^• 
thousand eight hundred and sixty-three, either on his, her or their ^~""~y'"~' 
capital, or borrowed capital, or on account of ar^ person or persons, 
as agent, attorney or consignee; ninety cents upon every hundred Transient 

dollars of the amount of sales of goods, wares and merchandise 
■whatever, which any transient persou, not resident in this State, 
shall make in any house, stall or public place, whether the said sale 
be made by sample or otherwise; twenty dollars per day for all Exhibitions. 
circus exhibitions; five dollars per day for representing publicly, 
for gain and reward, any play, comedy, tragedy, interlude or farce, 
or other employment of the stage, or any part therein, or for ex- 
hibiting wax figures or other shows, of any kind whatever, to be 
paid into the hands of the Clerks of the Courts respectively, who 
shall be bound to pay the same into the Treasuries of the State of 
South Carolina, except in cases where the same is now required by 
law to be paid to corporations or otherwise ; one-tenth of one per Moneys in- 
cent. on all moneys loaned, moneys at interest, all moneys invested nested. 
in the stocks or bonds of any individual. State or corporation, other 
than bonds or stocks of this State or of the Confederate States, and 
other than the stocks of the banks and railroad companies of 
this State; one dollar and fifty cents for every hundred dollars of Conimcrciai 
gross receipts of all commercial agencies within the limits of this ^^'^"*^'®-- 
State; thirteen cents on every pack of playing cards sold in this Cards and 

State; fifteen dollars upon every billiard table within this State, WHiards. 
used to and for the purpose of raising a revenue therefrom ; one 
hundred cents on the hundred dollars of all salaries, including pub- Salaries. 
lie officers, except officers of the Army and Navy, and on all wages, 
from Avhatever source derived, except wages of five hundred dollars 
or less per annum. 

II. All taxes levied on property, as prescribed in the first Section Taxes— to 
of this Act, shall be paid to the Tax Collector for the tax district ^^^^^i payable. 
in which said property is located : Provided, That where negroes 

have been removed from any Districts or Parishes by reason of the 

dangers arising from the invasion or occupation thereof by the 

enemy, it shall be lawful to pay the taxes upon the same to the Tax 

Collectors of the Districts or Parishes from which said negroes 

were removed. That all taxes levied ou property in this State 

during the continuance of the war between the Confederate and 

United States of America, may be paid in Confederate notes or 

other current funds. The commissions to be received by the Commissions 

■various Tax Collectors of this State, for the year commencing ou ?^/^'.i^^ ^^^' 

the first day of October, one thousand eight hundred and sixty-two, 

shall be at the rate of seventy per centum of the commissions now 

allowed them by law, except such Districts and Parishes as pay an 

amount less than eight hundred dollars to the Collector. 

III. The Tax Collectors in the several Districts and Parishes in Police taxes, 
this State, in their returns hereafter to be made, are hereby '■'^t"™*'^- 
required and enjoined to state the precise amounts of taxes collected 

by them for 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, 
aud the total amount of commissions received by each and every 
of such Tax Collectors, and the rate per centum of his commis- 



80 STATUTES AT LARGE 

A. D. 1S63. sions ; and the Comptroller General shall return the same in his 
^""v^^ report. 

Returns of ^^^- Free negroes, mulattoes and mestizoes are hereby required 

free negroes, ^q make their returns and pay their taxes during the month of 

April ; and the Tax Collector of St. Philip's and St. Michael's is 

allowed until the month of June to receive the taxes of white 

persons. 

Sullivan's V. The lots and houses on Sullivan's Island shall be freed from 

?ion"on.*^^^™^' taxation during the existing war between the Confederate States 
and the United States of America, the same being used by the 
troops of the Confederate States or by the works for defense. 

Time of coiiec- YJ. That the Tax Collectors be authorized to extend the time 

ion ex ence . ^^^ ^j^^ receipt, and also for the payment of taxes, and also for the 
payment thereof into the Treasury of this State, for a period of 
thirty days beyond the periods therefor hitherto allowed by law. 
Disposition of VII. That the sum of two hundred and fifty thousand dollars, 

appropriation received by Wilmot G. DeSaussure, as Agent of the State, from 
the Confederate Government, and by him paid into the Treasury 
of this State, under the resolution of the Confederate Congress 
relative to the conflagration in the city of Charleston, on the 
eleventh day of December, one thousand eight hundred and sixty- 
one, and also all such other sums of money as may be received 
from the Confederate Government during the present year, and 
placed in the Treasury, be subject to such appropriations as may be 
made by the General Assembly of this State. 

In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and sixty-three, and 
in the eighty-seventh year of the sovereignty and inde- 
pendence of the State of South Carolina. 

^Y. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



No. 4612. AN ACT to Make Appropriations for the Year Com- 
mencing IN October, One Thousand Eight Hundred 
and Sixty-Two. 

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 the following suras be, and they are hereby, appro- 
priated for the payment of the various officers and expanses of the 
D •irtment'^'^ '^'^^^^ Government," that is to say : In the Executive Department: 
epar men . ^^^ ^^^ salary of the Governor, three thousand five hundred 
dollars ; for the Private Secretary of the Governor, fifteen hundred 
dollars ; for the rent of the Governor's House, in Columbia, in case 
he should not occupy the house offered him by the Legislature, 
twelve hundred dollars ; for the Messenger of the Governor, two 
hundred and fifty dollars ; for the Contingent Fund of the Execu- 
tive Department, ten thousand dollars, to be subject to the draft of 
the Governor, and to be accounted for annually by him to the 



OF SOUTH CAROLINA. 81 

Legislature; for the furnishing of the Governor's House, in A. D. 1863. 
Columbia, one thousand five hundred dolhirs. ^— -^^— ^ 

II. In the Legislative Department: For the pay of the members Legislative 
of the Legislature, and the Attorney General, and the Solicitors, department, 
during the present session, and of the Committees appointed to 
inspect the Bank of the State and its branches, thirty-five thousand 
dollars, if so much be necessary ; for the salaries of the Clerks of 
the Senate and House of Representatives, twelve hundred dollars 
each ; and to the said Clerks, for the services of two Assistant 
Clerks, two hundred and fifty dollars for the Clerk of the Senate, 
and two hundred and fifty dollars for the Clerk of the House ; for 
the salaries of two Messengers and two Doorkeepers, each two 
hundred and fifty 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 ; and for their services at the session com- 
mencing on the twentieth day of January, eighteen hundred and 
sixty-three, to the Clerks of the Senate and House of Representa- 
tives, two-thirds of the usual amount ; and for the services of the 
two Assistant Clerks of the Senate and House of Representatives, 
two-thirds of the usual amount ; for the salaries of two Messengers 
and two Doorkeepers, each two-thirds the usual amount ; and for 
the salaries of the Reading Clerks of each House, two-thirds the 
usual amount of their salaries ; for extra services of the Messenger 
of the Senate, and for extra services of the Messenger of the 
House of Representatives, each fifty dollars, to be paid at the end 
of the session ; for the services of the Engrossing Clerks, to be 
paid under the direction of the President of the Senate and of the 
Speaker of the House of Representatives, six hundred dollars ; for 
the services of the Engrossing Clerks at session of January, 
eighteen hundred and sixty-three, to be paid under the direction of 
the President of the Senate and Speaker of the House, five hundred 
dollars; that the President of the Senate and Speaker of the House 
of Representatives be authorized to issue to the Librarian a pay 
bill for the same per diem as is by law allowed to members of the 
General Assembly, for the period of the present extra session ; for 
the printers of the Senate and House of Representatives, in 
pursuance of the contracts made by the Committees of both 
Houses, eleven thousand five hundred dollars, if so much be 
necessary, for the printing executed by the said printers during the 
present session of the Legislature, the same to be paid to them as 
soon as the amounts of said contracts shall be ascertained, by the 
Treasurer of the Upper Division ; for the printer, fur printing, in 
pamphlet form, the Acts and Journals of both Houses, Reports 
and Resolutions agreed to, the Governor's Messages, Reports of the 
President of the Bank and Comptroller General, with the accom- 
panying documents, eight thousand dollars, if so much be necessary : 
Provided, 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 Treasury of the Upper Division before 
the twentieth of April next, and the amount to be paid according 
to the proposals, which shall be ascertained by the Treasurer afore- 
VoL. 13—6 



82 STATUTES AT LARGE 

A. D.1S63. said: And further provided, That the printer of Acts and 
^"""""v-^"^ Journals do publish, in his new?paper, at Columbia, all the public 
Acts which may be passed at the present session, within twenty 
days after the adjournment of the Legislature, and forward by 
mail, to each member of the General Assembly, each of the 
Judges, Attorney General, and each of the Solicitors, a copy of 
such newspaper, as soon as such newspaper is issued; to the Keeper 
of the State House, lor contingent expenses during the present 
session of the Legislature, twelve hundred dollars, if so much be 
necessary, to be accounted for by him at the Treasury, and reported 
by the Treasurer to the General Assembly ; for stationery, fuel, 
distributing Acts, and expenses for election returns, sixteen 
hundred dollars, if so much be necessary ; five hundred dollars for 
enlarging the Library room, to be paid on the draft of the Keeper 
of the State House. 
.Tiuiiciary Dc- HI. In the Judiciary Department : For the salary of the Chief 

partment. Justice, three thousand five hundred dollars; for the salaries of the 
Judges and Chancellors, three thousand dollars each; for the salary 
of the Attorney General, eleven hundred dollars; for the salaries 
of five Solicitors, nine hundred dollars each; for the Clerk of the 
Court of Appeals in Columbia, six hundred dollars; for the salary 
of the Messenger of the said Court at Columbia, two hundred dol- 
lars: Provided, It shall be the duty of the said Messenger to sum- 
mon 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 dol- 
lars, the same to include the expenses of fuel for the Court of Ap- 
peals and for the Library; for the salary of the Clerk of the Court 
of Appeals in Charleston, six hundred dollars; for the salary of the 
Messenger of the said Court, two hundred dollars; for the salary 
of the Librarian of the Court of Appeals in Charleston, two hun- 
dred dollars, to include the expense of fuel for the Court of Appeals 
and for the Library; for the salary of the State Reporter fifteen 
hundred dollars; and the several appro})riations aforesaid, for the 
Clerks, Librarians, Messengers, Reporter, and for the incidental 
expenses of the Court of Appeals, shall be paid by the Treasurer 
only upon warrant to be drawn by the presiding Judge of the Court 
of Appeals, at such times and for such portions as they may deem 
just and proper, and it shall be the duty of the said Reporter to 
attend in person, or by deputy, the sittings of the Courts of Appeals 
and Errors in Columbia and Charleston, and to report such argu- 
ments and statements of facts as may be necessary to a correct un- 
derstanding of the decisions of the said Courts: Provided, That the 
Judges of the Court of Appeals may, if they think proper, announce 
the results of their decisions at certain stated periods, before filing 
their opinions: And further provided. That the said Reporter shall 
publish in one or more of the newspapers at Columbia, an abstract of 
the principles decided by the Court of Appeals in its opinion, as soon 
as practicable after the delivery of the same ; for the pay of the 
Jurors and Constables, twelve thousand five hundred dollars, if so 
much be necessary, the certificates to be paid at either Treasury. 
Treii.«ury Dc- IV. In the Treasury Department : For the salary of the Comptrol- 

partment. jgj. General, two thousand dollars ; for the salary of the Clerk of 



OF SOUTH CAROLINA. 83 

the Comptroller General, one thousand dollars, the said Clerk to be A.D.i8t33. 
appointed and removed at the pleasure of the Comptroller General ; *'~~v~~^ 
for the salary of the Treasurer of the Lower Division, and for Clerk 
hire, two thousand dollars ; for the salary of the Treasurer of the 
LTpper Division, and for Clerk hire, sixteen hundred dollars ; for 
the Assessor of Saint Philip's and Michael's, for making out and 
affixing assessments of each return, one thousand dollars ; for the 
services of the Comptroller General, for copying tax-books, two 
hundred dollars ; and for additional compensation to the Treasurer 
of the Lower Division, for the performance of the additional duties 
imposed upon him by an Act entitled " An Act to authorize the 
issue of certificates of stock to provide lor the military defense of 
the State," ratified the twenty-second day of December, in the 
year of our Lord one thousand eight hundred and sixty, four hun- 
<ired dollars ; for printing and distributing tax returns, seventeen 
hundred dollars. 

V. For the South Carolina College : For the salary of the Presi- . South Caro- 
dent of the College, three thousand dollars ; for the salaries of seven ^"^ C-oilege. 
professors of the College, two thousand five hundred dollars each ; 

for the salary of the Treasurer of the College, five hundred dollars ; 
for the salary of the Librarian of the College, six hundred dollars ; 
for the salary of the Secretary of the Board of Trustees, two hun- 
dred dollars ; for the salary of the Marshal, four hundred dollars ; 
the salaries of the President, Professors, Treasurer and Librarian, 
to be paid by the Treasurer of the Upper Division, quarterly, in 
advance, their drafts being countersigned by the Treasurer of the 
College. 

VI. For the Ordinary Civil Expenses: For the payment of the Ordinary civil 
contingent accounts of the Upper Division, twelve thousand one expenses. 
hundred and sixty-nine dollars, if so much be necessary ; for the 

payment of the contingent accounts of the Lower Division, eleven 
thousand three hundred and sixty-two dollars, if so much be neces- 
sary ; for the payment of pensions and annuities, six hundred dol- 
lars, 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, seventy-four thousand four hundred dollars, if so much be 
necessary, to be distributed among the several Election Districts in 
the State, in the proportion of six hundred dollars to each Repre- 
sentative in the popular branch of the Legislature ; for the support 
of paupers at the Lunatic Asylum, five thousand five hundred dol- 
lars, if so much be necessary ; for the education of the Deaf and 
Dumb and of the Blind, eight thousand dollars, if so much be 
necessary, to be paid to the Commissioners in the same manner as 
the appropriation heretofore made ; for refunding taxes, as directed 
by the reports of the Committees of Ways and Means and of 
Finance and Banks, agreed to by the Legislature, three thousand 
dollars, if so much be necessary ; for the payment of the interest 
on two millions one hundred and fifty thousand five hundred and 
ninety dollars of bonds and stock, issued for the construction of the 
new State Capitol, one hundred and twenty-nine thousand nine 
hundred and four dollars ; for the payment of the interest on three 
hundred and ten thousand dollars of the bonds of the State, issued 



84 STATUTES AT LARGE 

A. D. 1963. under an Act entitled "An Actio grant aid to the Blue Ridge 
^"""^ ^ Railroad," ratified the twenty second day of December, in the year 
of our Lord one thousand eight hundred and fifty-nine, eighteen 
thousand six hundred dollars; for the payment of the interest on 
the balance of four hundred thousand dollars of bonds of the State, 
issued for the military defense of the State, fifteen thousand dol- 
■ lars; for the payment of the interest on four hundred and eighty- 
four thousand two hundred and eighty dollars, issued for the 
military defense of the State, thirty-three thousand nine hundred 
dollars; for the payment of the interest on one million eight hun- 
dred thousand dollars of the bonds and stock authorized to be 
issued at the last session of the Legislature for the military defense 
of the State, one hundred and six thousand and thirty dollars. 
Military ex- VII. For Military Expenditures: For the salaries of the follow- 

pen itures. ^^^ officers, viz.: Adjutant and Inspector General, two thousand five 
hundred dollars ; Arsenal Keeper in Charleston, one thousand dol- 
lars ; Arsenal Keeper and Powder Receiver at Columbia, at the 
rate of four hundred dollars per annum ; Physician of the Jail and 
Physician of the Magazine Guard at Charleston, each five hundred 
dollars ; and for the support of the Military Academies at Charles- 
ton and Columbia, thirty-seven thousand dollars, if so much be 
necessary ; and the said Military Academies shall be under the 
direction of the Board of Visitors : Provided, That each District 
shall be entitled to send to said Academies a number of bene- 
ficiaries equal to its representation in the House of Representatives, 
or in that proportion as fir as the appropriation for the school may 
allow ; for the salary of the Clerk of the Adjutant and Inspector 
General, one thousand and eighty dollars; for the services of the 
Secretary of State during the current year, for all service in issuing 
all military commissions, and in lieu of any charge against the 
State for commissions of civil officers, eight hundred dollars, to be 
paid as other salaries directed to be paid by law ; for the salary of 
the Ordnance Officer, three thousand dollars ; for the salary of the 
• Clerk of the Ordnance Officer, one thousand dollars, if so much be 

necessary, to be paid upon the draft of the said Ordnance Officer, 
said salaries to be paid quarterly ; to defray the expenses attendant 
upon the military defense of the State, five hundred thousand dol- 
lars, to be paid upon the draft of His Excellency the Governor, and 
that His Excellency the Governor be also authorized to expend, or 
see expended under his direction, the balances now in the hands of 
the departmental officers, and at the Executive credit, from the 
appropriation of the last year, and that an account thereof be 
rendered to the next regular session of this General Assembly. 
Ordinary loca VIH- For Ordinary Local Expenditures : For the support of the 

expendituref^. ^^j^j^gjent poor of Charleston, seven thousand dollars, to be paid to 
the City C^ouncil 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; f)r the execution of the Quarantine Laws at Charleston, 
one thousand dollars, if so much be necessary, to be paid to the 
City Council of Charleston, and expended under their direction ; 
for the salary of the Superintendent of the Fire Proof Building in 
Charleston, during the present year, one hundred dollars ; for the 



OF SOUTH CAROLINA. 



85 



support of the trausient poor of Georgetown, three hundred and ^; -^ 
tweuty-uine dollars twenty-two cents, and also the balance reported ^'^ '' 
bv the Commissioners as remaining in their hands, the two sums 
amounting to six hundred dollars, to be expended by the Commis- 
sioners of the Poor of Winyah, to be accounted for by them to the 
Legislature ; for aiding the support of a ferry at Elliott's Cut, two 
hundred dollars, subject to the order of the Commissioner of Roads 
for Saint Andrew's Parish ; for maintaining and keeping open the 
Roper Hospital, in Charleston, three thousand dollars, to be paid to 
the Medical Society, in trust for the Roper fund, to defray the 
expenses of the said hospital ; for the support of the State Normal 
and High School, at Charleston, five thousand dollars, to be subject 
to the draft of the Commissioners of Free Schools of St. Phillip's 
and St. Michael's and to be applied by them as prescribed by law ; 
for the support of the Catawba Indians, twelve hundred dollars, if 

so much be necessary. „ t , -o r- . a- ^,-,r 

IX. For Extraordinary Expenditures : For the salary of John R ™Se^ 
Niernsee, as acting Commissioner, Superintendent and Architect oi 
the New State House, three thousand dollars, to be paid as the 
salaries of other officers; for the purpose of covering the rooms m 
the New State House, six hundred dollars, to be paid upon the 
draft of the acting Commissioner, Superintendent and Architect; 
for the construction of a railroad bridge over the Ashley River, 
near Charleston, as a military road, thirty-five thousand dollars, to 
be paid upon the draft of His Excellency the Governor ; the sum of 
ten thousand two hundred and thirty-seven dollars ninety-seven 
cents, if so much be necessary, for building side turn-outs and for 
the purchase of such cars, for use on the Savannah and Charleston 
Railroad, as was rendered necessary by a resolution of the Execu- 
tive Council, to be paid upon the draft of His Excellency the Gov- 
ernor ; for repairing the roof of the old State House, fifteen hun- 
dred dollars, if so much be necessary, to be paid on the draft of the 
Keeper of the State House; for the removal of slaves from the 
reach of the enemy, pursuant to the Ordinance of the Convention 
eighteen thousand dollars, to be paid as directed by the report of 
the Committee on Colored Population of the House of Representa- 
tives; that the sum of nine thousand six hundred and eighty 
dollars, the amount of deficiency for the support of pauper lunatics, 
as reported by the Regents of the Lunatic Asylum for the year 
one thousand'eight hundred and sixty-two, be paid to the draft of 
the Chairman of the Board of Regents ; for the construction of one 
thousand Morse's carbines, if so much be necessary, to be paid upon 
the draft of His Excellency the Governor, fifteen thousand dolhirs ; 
for the purchase of twenty copies of Mahan's Permanent Fortifica- 
tions, five hundred dollars, if so much be necessary, to be paid upon 
the draft of the Chairman of the Board of Visitors of the Military- 
Academies ; to Asa George, for the construction of six small and 
one large revolving cannon, ten thousand dollars, to be paid upon 
the draft of His Excellency the Governor ; for the erection of such 
buildings at the Arsenal Academy in Columbia as by the Board of 
Visitors shall be considered necessary, twenty-five thousand dol- 
lars, to be paid upon the draft of the Chairman of said Board : 
Provided, That plans and specifications of said additional build- 



SQ STATUTES AT LARGE 

A. D.lSfis. ingg^ and estimates showing that their cost shall not exceed 
^■^^''""^ twenty-five thousand dollars, including in said estimates the cost 
of any materials that may now belong to the State, and which 
can be used for the purpose, shall be made by the architect of the 
State before any part of the said appropriation shall be drawn ; 
for the support of two cadets now in the Military Academy, one 
appointed by this General Assembly, the other appointed by the 
Governor, cne thousand dollars, to be drawn and accounted for by 
the Board of Visitors ; for the education of six young men at the 
Military Academies of this State, and to be drawn by the Chair- 
man of the Board of Visitors, two thousand four hundred dollars, 
such young men to be selected, one for each Congressional District, 
by His Excellency the Governor ; for the support of the transient 
poor of Columbia, two thousand dollars, to be paid to the city 
Council of Columbia, and accounted for by them to the Legisla- 
ture ; for the Marine School of Charleston, seven thousand 
dollars, to be paid to the Charleston Port Society, upon the 
draft of the President, countersigned by the Secretary ; that 
William B. Johnston, as agent of the State for the collection 
and recording in a suitable book, to be deposited in the ar- 
chives of the State, of the names, of such sons of South Carolina 
as, during the present war, have fallen in the service of their 
country, whether in battle, from wounds received in battle, from 
disease, or from accident, be paid at the rate of twelve hundred 
dollars per annum, the same to be paid as the salaries of other 
officers of the State are paid by law, and that he do report to the 
next regular session of this General Assembly the names of all such 
as have so fallen up to that period ; to Charles P. Pelham, nine 
hundred and thirty-five dollars fifty-one cents, being the balance 
due him for printing the Acts, Journals, &c., and to be paid upon his 
draft; to James Tupper, Esq., Auditor, three thousand dollars, to be 
paid to him as are the salaries of other officers; to Gen. Wilmot G. 
DeSaussure, two thousand dollars for his services connected with the 
Treasury Department, to be paid to his order; for the construction 
or purchase of machines for manufacturing cotton cards, subject to 
the draft of the Governor, twenty thousand dollars ; that in case of 
the completion by Allen and Sprague of the contract entered into 
between them and the State of South Carolina, pursuant to the 
resolution of the Geneial Assemlily, His Excellency the Governor, 
together with the Comptroller General, be authorized to issue, in 
the name of the State of Houth Carolina, three hundred and fifty 
thousand dollars of bonds bearing six per cent, interest, and of the 
value of one thousand dollars each, and to be expended by His 
Excellency the Governor in the payment of the said Allen and 
Sj>rague, in accordance with his election under the contract, the 
interest on the said bonds to be paid at the Bank of the State of 
South Carolina semi-annually, and the time of payment to be 
regulated by His Excellency the Governor and the Coniptroller 
General, and that, for any armament which may be required, His 
Excellency the Governor be authorized to borrow of the Bank of 
the State of South Carolina a sufficient amount; the sum of two 
hundred thousand dollars, ($'200,000,) for the supply of the desti- 
sokTiersr*"*"*^ tute soldicrs of the State with shoes, clothing, and blankets, the 



OF SOUTH CAROLINA. 87 

same to be paid to the Central Association for the Relief of the Sol- A. D. 1863. 
diers of South Carolina, on the drafts of their Chairman, counter- ~^^ 

signed by their Treasurer, to be expended in purchasing and for- 
warding to our soldiers shoes, blankets and clothing, and in refund- 
ing to the said Association the sum of twenty thousand dollars 
(S20,000) already advanced on contracts made for shoes, and that 
the said Association do account therefor to the General Assembly 
at its next session. 

In the Senate House, the sixth day of February, in the year 
of our Lord one thousand eight hundred and sixty-three. 
and in the eighty-seventh year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
A. P. ALDRICH, Speaker House of Representatives. 



AN ACT FOR THE Better Organization of the Militia, No. 4613. 
AND FOR Other Purposes. 

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

same, That the Ordinances of the Convention of this State, except Ordinnncesof 
the Ordinance entitled "An Ordinance to exempt overseers from pealed" ^*^" "^' 
the performance of militia duty," passed on the second day of Jan- 
uary, in the year of our Lord one thousand eight hundred and 
sixty-two, which is amended hereinafter by the provisions of this 
Act, and all Acts, Resolutions, and Orders of the Governor and 
Council, altering, suspending or repealing the Militia law of this 
State, be, and the same are hereby, repealed ; and the provisions of 
the Act of the General Assembly, entitled "An Act to reduce all Militia Actin 
Acts and clauses of Acts in relation to the Militia of this State to *^*' 
one Act, and to alter and amend the same," passed on the seven- 
teenth day of December, in the year of our Lord one thousand 
eight hundred and forty-one, and all Acts amending the same, 
which are not inconsistent with the provisions of this Act, are 
hereby dechired to be of full force and effect. 

II. That an Act entitled "An Act to amend and suspend certain PartofActof 
portions of the Militia and Patrol laws of this State," passed on repeaet. 
the seventh day of December, in the year of our Lord one thousand 

eight hundred and sixty-one, be, and the same is hereby, repealed, 
except the fifth, sixth, eleventh and thirteenth Sections, which are 
hereby declared to be of full force and effect; and that said thir- 
teenth Section be so amended that the Clerk therein authorized to Commission 
be appointed by the Governor shall be entitled to a commission as qj"jI^ ^^'^ °^ 
Assistant Adjutant General, with the rank and pay of First Lieu- 
tenant of Infantry iu Confederate service, to date from the day of 

his appointment. Persons liable 

III. All male persons between the ages of eighteen and fifty shall 



to military ser- 
vice. 



88 STATUTES AT LARGE 

A. D. 1863. |3g liable to militia duty, except persons -vvlio are exempted by the 
'""^^f^'^ said Act of eighteen hundred and forty-one from "all militia ser- 
vice." 

IV. The following persons shall be exempted from ordinary 
from^ordiiiary militia duty, but shall be liable to perform the duty in times of 
militia duty, alarm, insurrection, invasion, or as one of the pof<se comitatus, Avhen 
required, and shall not be exempted from actual service in their 
respective Districts, when called out by the Governor under the 
militia organization : The members of both branches of the Legis- 
lature and their respective officers, including the Attorney General 
and Solicitors of the State, during the session, and fifteen days 
before the sitting and fifteen days after the adjournment thereof ; 
all those in Confederate or State military service, including 
the officers and Cadets of the State Military Academy ; all reg- 
ularly officiating clergymen ; all regularly licensed practicing 
physicians over the age of thirty-five years ; one apothecary to 
each regularly established drug stoie which has been in ope- 
ration six months ; the Faculty and OflBcers of the South 
Carolina College, and the Professors in other incorporated Col- 
leges and Theological Schools, while said colleges and schools 
are in actual operation ; the superintendent, teachers, and steward 
of the Cedar Springs Asylum; all schoolmasters having under their 
charge not less than twenty scholars ; all branch pilots ; one white 
man to each established ferry, toll bridge, or toll grain mill, if ac- 
tually kept by such white man; the President, Cashier, and one 
Teller of each of the several banks of this State, and the Treasu- 
rers of the several Savings' Institutions of this State ; the officers 
and men of the City Guard, and officers and forty men of each 
company of the fire department of Charleston and Columbia; the 
officers and as many employees of each railroad company as the 
President or Superintendent may certify to be necessary to the effi- 
cient conduct of its business : Provided, That it is also certified that 
the duty of said employees cannot be discharged by slaves ; the 
Superintendent and Keeper of the Lunatic Asylum, and their as-^is- 
tants ; Stewards or Keepers of Poor Houses ; the Keepers of the 
Arsenals of the State ; all persons holding office under the Confede- 
rate States, except Deputy Postmasters; all persons employed by 
the State or by the Confederate States in the manufacture of arras, 
munitions of war, and army supplies; all persons actually engaged 
in the manufacture of salt on the sea coast, and all persons over the 
age of fifty; and all persons belonging to the Boards of Relief of 
soldiers' families. 
Duties of com- V. That the commanding officers of beat companies shall keep 
nianders of j.^q separate rolls, one of the names of all persons resident in their 

beat companies , i ' . . , . ' , ^, /• ^i. 

beats between the ages of sixteen and sixty, ana another ot the 
names of all persons between the ages of sixteen and fifty, designat- 
ing in said rolls the ages of each person ; and all persons required 
to be enrolled by this Act shall, immediately after its passage, re- 
port their names to the commanding officers of their beat, who shall 
have power to administer oaths as to the ages and residence of per- 
sons, when they refuse to make known their age or place of resi- 
dence, or where there may be doubts as to either; and each and 
every beat company shall be called out for drill and instruction 
once in every two months. 



OF SOUTH CAEOLINA. 89 

VT That the corarnanding officers of companies, as soon as said A. P . 1863. 
enrollment can be made, shall return said rolls to the commanding ^ 

officers of their regiments, who shall return thesame within ten days making re- °^ 
to the office of the Adjutant and Inspector General ; and for default turns. 
in making said returns, the commanding officers of companies shall 
be liable to a fine of fifty dollars, and the commanding officers of 
regiments to a fine of one hundred dollars, to be imposed by a 
court martial ordered by the Governor for the trial of such defaul- 
ters. 

VII. That all persons who now are, or may hereafter be, in ac- 
tual ser-v'ice in the regiments known as the First Corps of Reserves, First corps of 
or who may be in actual State military service, and who shall not, eur'oiiedt 

at the expiration of said service, have been called into Confederate 
service, shall report to the commanding officer of the beat in which 
they respectively reside, and be enrolled for militia service in said 
beat. 

VIII. That to repel invasion and suppress insurrections, the 
Governor shall have power, and he is hereby authorized, whenever ■'^I'^jj'*}''^ *" P^ 
in his judgment the public safety requires that troops should be Governor.' 
raised for the public defence, to callMnto actual service, in any part 

of the State, all or such portion of the militia as he may deem 
necessary, between the ages of sixteen and fifty years, except such 
persons as are exempted by the provisions of this Act from ordinary 
militia duty, and from actual service, except within the limits of the 
Districts in which they reside. That when such call has been made, 
the Governor shall have the power, and is hereby authorized, to or- 
ganize the troops into companies, battalions and regiments, conform- 
ing said organization, as far as may be practicable, to the laws and 
array regulations of the Confederate States: Provided, That the Mthtia to elect 

. ^' .11 . 1-1 p ^ ■ 1- 1 L^onipany and 

said troops shall exercise the right ot electing their company and field officers. 
field officers ; and it shall be the duty of the Governor to order said 
elections to be held, at such times and places as he may select, and 
to be conducted in such manner as he may direct, and in the event 
of a failure to hold any of said elections, the Governor shall fill 
such offices by appointment. 

IX. That in organizing said troops into battalions and regiments, 
regard shall be had, as far as may be practicable, to the proximity 
of the companies. 

X. That the Governor shall have the power, and is hereby Term of service 
authorized, on any sudden emergency, which in his judgment will "ted!^^^^^'^ ^^™' 
not admit of the delay necessary in organizing troops under the 

eighth Section of this Act, to call out any portion of the militia he 
may require to repel the enemy or suppress insurrection, or to act 
as posse comitatus, who shall go into service under their militia or- 
ganization : Provided, That such portion of the militia shall not be 
continued iu service for a longer time than may be necessary to call 
out and organize troops under the provisions of said eighth Section 
of this Act. 

XI. That all persons liable to perform actual military service Penalty for 
under the provisions of this Act, who shall make default when ance^7duty." 
summoned into such service, shall be liable to such punishment, 

short of death, as may be imposed by a Court Martial, according 
to the Articles of War of the Confederate States, said Court to be 



90 STATUTES AT LARGE 

A. D. 1863. convened by the officer commanding the Regiment in which the 
'~'~^~^' defaulter is liable to perform said military service, who is hereby 
authorized to order said Court, in conformity with the usages of the 
Confederate States. 

Discipline. XII. That the troops which may be called into actual service 

under any of the provisions of this Act shall, while in such service, 
be subject to the army regulations of the Confederate States of 
America. 

Exemption for XIII. That the Ordinance of the Convention of this State enti- 
tled "An Ordinance to exempt overseers from the performance of 
militia duty," passed on the second day of January, in the year of 
our Lord one thousand eight hundred and sixty-two, be, and the 
same is hereby, altered and amended, and that from and after the 
passing of this Act, and during the present war, all applications for 
the exemption of overseers shall be made in writing to the Adjutant 
and Inspector General of the State by the owner, trustee or agent 
having charge of the plantation and negroes, who shall state, on 
oath, the age of the employer, the number of negrues and actual 
working hands under the charge of the overseer on the plantation, 
and the situation of the same, which statement shall be verified by 
the affidavit of at least two credible persons. And if it appears 
that the person applying for the exemption is absent in the service 
of the State, or of the Confederate States, or is above the age of 
sixty years, or is decrepid (to be certified by a physician,) or a 
female, or a minor or minors under the age of eighteen years, and 
that the number of working hands exceeds fifteen, the Adjutant 
and Inspector General shall issue a certificate exempting such 
overseer from actual military service beyond the limits of the Dis- 
trict in which he resides, and furnish him with a copy of said 
certificate. And that it may be lawful for two or more owners of 
plantations, not further apart than five miles, and having between 
them fifteen working hands, to join in an application for such ex- 
emption, provided the overseer resides on one of said plantations. 
Or if it appears that a plantation on which there are fifteen or more 
working hands is left without any white male person thereon to 
protect and govern said working hands, except the overseer, 
the Adjutant and Inspector General may exempt such overseer 
from actual military service beyond the limits of the District in 
which he resides, provided that such exemption be recommended 
by the commanding officer of the beat in, which such plantation is 
situate, and approved by the colonel of the regiment. That the 
certificates of exemption which have been heretotbre granted by the 
Adjutant and Inspector General under the said Ordinance of the 
Convention of this State, or which may hereafter be granted under 
this Act, shall not exempt overseers from actual service in the 
militia when called out under the provisions of the eleventh Section 
of this Act, or from ordinary militia or patrol duty. 

Governor mny XIV. That the Governor shall have the power to detail persons 

detail soldiers, jjable to military service under the provisions of this Act to guard 
the railroad bridges in this State, or to perform any other special 
service in the nature of military service, which he may consider 
necessary to protect public property, or for the public interest; and 
persons so detailed, while in such service, shall be exempt from all 
military service, and from patrol duty. 



1 



OF SOUTH CAROLINA. 91 

XV. That when iu actual service, under the provisions of this ^- ^- ^^^ 
Act, the pay of officers and the pay and rations of non-commis- 
sioned officers and privates, and of persons detailed for special ser- ^nd 
vice, shall be the same as that allowed by the laws of the Confederate 
States. 

XVI. That the officers of the militia shall not be required to 
provide themselves with uniforms, as heretofore required by law. 

XVII. That the Governor shall have power, and is hereby Confederate 
authorized, to order the Sheriffs, and, if necessary, any portion of "^■jftpj^jn'^^r 
the military of this State, to aid Confederate officers, who are duly rusting desert- 
authorized, in arresting deserters from the armies of the Confederate '^'"*" 
States, or persons who are liable to service under the Conscription 

Acts of Congress, and who, when called into service, refuse to sub- 
mit, and resist or threaten to resist said officers. 

XVIII. That all commissions held by the militia officers of this Military com 
State, except the Adjutant and Inspector General, who are not c^'t'ed?"* '^''' 
exempt from service by the Conscription Act of the Confederate 
Congress, be, and the same are hereby, vacated as soon as new elec- 
tions can be held, which elections the Adjutant and Inspector Gene- 
ral is hereby instructed to order immediately after the passing of Eligibility for 
this Act ; and that no one liable to duty in the Confederate service, ""'^'^'""y <^®*'® 
unless he be exempted from said service under the provisions of the 
Exemption Act of Congress, shall be hereafter eligible to any 

militia office. 

XIX. That the Governor shall have power, and is hereby, author- Governor to 
ized to distribute arms and ammunition to such portions of the .^l^a\s,^^c. 
militia as, in his opinion, may be necessary for the public safety, 

and all such arms and ammunition, and such as have already been 
distributed by order of the Governor and Council, shall at all times 
be subject to the order of the Governor. 

XX. The Sheriffs who shall aid the Confederate officers under the 
provisions of this Act, as well as those who have aided, or shall 
aid the State officers, under the resolutions and Executive Council, 
or any order of the Governor, shall receive for their services the 
same fees as are now allowed by law for serving warrants and 
making arrests; and for the keeping of prisoners, the sum of sixty 
cents per day for each prisoner. • 

XXI. That all Acts and clauses of Acts in relation to the militia Limitation of 
of this' State, consistent with the provisions of this Act, shall con- 
tinue of full force and effect ; and all Acts and clauses of Acts 
inconsistent with the provisions of this Act, which is to continue of 

force during the present war between the Confederate States and the 
United States of America, be, and the same are hereby, repealed. 

la the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and sixty-three, and in 
the eighty-seventh year of the sovereignty and independence 
of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



Pay of Sheriffs 
ifcc. 



92 



STATUTES AT LARGE 



A. D. 1S63. 



No. 4614. 



AN ACT TO Organize and Supply Negro Labor for 
Coast Defense, in Compliance with Requisitions of the 
Government of the Confederate States. 



Stnte to be di- 
vided. 



1st Division. 



2d Division. 



3d Division. 



4th Division. 



Order of Divi- 
sions. 



When labor to 
be called for. 



AVhat slaves 
taken. 

Commissioners 
lo summon 
owners. 



Limitation of 
service. 



Notice to be 
given by Con- 
federate Gov- 
ernment. 



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 passage of this Act this State 
shall be divided into four Territorial Divisions, as follows, to wit: 

Division No. 1. The Judicial Districts of Pickens, Greenville, 
Spartanburg, Anderson, Union, York, Chester, Laurens, Abbeville 
and Newberry, to constitute the first division. 

Division No. 2. The Judicial Districts of Lancaster, Kershaw, 
Chesterfied, JNIarlborough, Darlington, Marion, Sumter, Clarendon, 
Williamsburg and Horry, including Upper All Saints, to constitute 
the second division. 

Division No. 3. The Judicial Districts of Fairfield, Richland, 
Lexington, Edgefield, Barnwell and Orangeburg, to constitute the 
third division. 

Division No. 4. The Judicial Districts of Charleston, Colleton, 
Beaufort, Georgetown, including Lower All Saints, to constitute 
the fourth division. 

II. That the negro labor hereinafter required shall be furnished 
by the several Districts aforesaid, as follows, to wit: first, by Division 
No. 2; next, by Division No. 3; next, by Division No. 1; and 
last, by Division No. 4. 

III. That as soon as the Governor shall have received from the 
Confederate Government, through the proper officer authorized 
thereto, written assent and agreement to the terms and conditions 
hereinafter set forth, he shall call for such labor as may be de- 
manded by the Confederate military authority from the several 
divisions, in the order aforesaid, to be furnished by the slaveholders 
thereof, in proportion to the slave population, as specified in the 
last census return of this State : 

1st. That the slaves liable to this call shall be the same that are 
liable to road duty in this State. 

2d. That it shall be the duty of the Commissioners of Roads, and 
the authorities of incorporated cities, towns and villages not subject 
to the jurisdiction of the Commissioners of Roads in the performance 
of road duty in the several Districts, to summon the owners to fur- 
nish their respective quotas of slave labor which the Governor 
shall require. 

3d, That each levy under the call shall serve for one mouth, and 
until relieved, in turn, by the next levy. And if the said Commis- 
sioners of Roads, or any of them, shall neglect or refuse so to sum- 
mon such slave owners to send their said slaves in pursuance of the 
requisition aforesaid, such Commissioners or Commissioner shall 
suffer, for each and every such neglect or default, the same pains 
and penalties, and in the same manner, as now prescribed by statute 
law in this State. And that the Boards of Commissioners shall 
have power to appoint Commissioners in such divisions as are now 
vacated by the absence of Commissioners in the present war, for 
the ensuing year, from citizens of any age. 

4th. That such notice shall be given by the engineer or other 
ofiicer of the Confederate Government, of all requisitions for negro 



OF SOUTH CAROLINA. 93 

labor, except the first, as will enable the owners of slaves to have ^- ^; l'^*53. 
thirty days from the time of summons to the time of furnishing ' v ' 
their respective quotas of slaves. That the first requisition may be 
made with such notice as the urgency of the case will permit. 

5th. That the Confederate authorities shall furnish transportation 
by railroad from the depot nearest the owners' residence, the owner furnished.' 
to transport his or her slaves at his or her own expense to such 
depot, irrespective of the distance of such depot from his or her 
residence. 

6th. That rations shall be supplied by the Confederate authorities . 
to the said slaves from the time of their arrival at such depots until pUed!"^^"^' 
their return to the homes of their owners. 

7th. That the pay of each slave shall be eleven dollars per ^ 
month, to be paid by the Confederate (jrovernment, and to be shel- 
tered, and receive all proper medical attendance in case of sick- 
ness. 

8th. That the Confederate Government shall be liable to the Liability of 
owner for any loss or damage of or to the slave or slaves during his Confederate 
or their service, or from disease contracted in service, such liability o^«*^"™®° • 
to commence on the arrival of such slave or slaves at the railroad 
depot for transportation, and to continue until his or their return to 
the same; and the value shall be assesssd as hereinafter provided. 

IV. That a State Agent shall be appointed by the Governor, . 
who shall receive for his services the pay of a Lieutenant Colonel 'be appointed. 
of infantry, as allowed by the Confederate Government, during his 
employment, to be paid to him monthly by the Confederate Gov- 
ernment ; and there shall be also one overseer for every one hun- 
dred slaves, said overseer to be selected by the owners or their 

agents, and to receive each fifty dollars per month during his em- 
ployment, to be paid monthly by the Confederate Government ; 
■ these said overseers to be, during their employment, subject to the 
orders and the jurisdiction of the Confederate military authorities. 

V. That it shall be the duty of the State Agent to visit all the -p^^^j^g ^j. • 
camps of the laborers, to examine their condition, to observe their Agent. 
treatment and discipline, to examine their food, both as to quality 

and quantity, and to see that it is the proper ration for each, as is 
allowed by law; and particulary to inform himself as to their 
medical and surgical attendance and care, and, whenever required, 
to report the same to the Governor ; and especially at the conclu- 
sion of the tour of service of each levy, it shall be his duty to 
make such a report to the Governor, in whose possession it may be 
open for examination by the owners of the said slaves. 

VI. That it shall be the further duty of the State Agent to col- 
lect and receive the slaves as they shall be called into service, at cefp" for scares 
the several railroad depots w^here they are to be delivered, to give taken, 
receipts therefor to the owners or their agents at such depots, and 

send forward the said slaves to their points of destination ; and he 
shall also be present at the assessment of the slaves hereinafter pro- 
vided, and see that the same is made in duplicate, and certify the 
same ; one copy to be given to the owner, and the other to be re- 
tained by the Confederate authorities. 

VII. That it shall be the duty of said State Agent to certify the Agent to certify 
bills for the pay of the said slaves, for their respective owners, spe- i^y-^ii's- 
cifying the number of the said slaves, the time they had been 



94 STATUTES AT LARGE 

A. D. 18G3. employed, and the names of the owners ; which bills, so certified, 
^""""v"— ^ shall entitle the owners, by themselves or their order endorsed 
thereon, to receive the same from Confedarate authority. 
Slaves to be re- VIII. That iu case of an attack by the enemy, the slaves shall 
danger."^'" ba immediately removed to some place of safety; and it shall be 
the duty of the State Agent and overseers to carry this provision 
promptly into execution — subject to the order and direction of the 
Confederate commanding officer at the time and place where the 
slaves are employed. 
Slaves to be IX. That before the slaves shall be employed in labor by the 

assessed. Confederate authorities, they shall be assessed by an Assessor to be 

chosen by said authorities and an Assessor selected by the owner or 
State Agent. The assessment shall be in writing, and contain the 
name of the owner, the name or names of the slave or slaves, and 
his or their respective value or values ; to be taken in duplicate, in 
presence of the State Agent, who shall certify the same ; one copy 
to be delivered to the owner, and the other to be retained by the 
Confederate authorities ; and such assessment shall be conc'usiveof 
the value of said slave or slaves. 
Commissioner X. That it shall be the duty of the Commissioners of Roads to 
to veniy quota, ggg ^j^r^j qqq qj. niore of their number be present at the respective 
railroad depots, where the said slaves are delivered to the State 
Agent by the owner, to verify the quota which each owner is 
bound to furnish under the call ; and in default thereof, they shall 
be liable to the same penalties as now provided by law for not 
summoning hands to work on the roads in their several Districts. 
Penalty for ^^- That if any owner of slaves shall neglect or refuse to send 

failure' to send his slave or slaves liable to the call hereinbefore mentioned, after 
savea. ^^^ uotice herein provided shall have been given him or her by the 

Commissioner so to do, such owner shall be liable to the same 
fines and penalties now provided by statute law for default in 
the performance of road duty, of which default the Board of 
Commissioners shall have full jurisdiction. 
Commutation XII. That uo slave owner shall be exempt from supplying slave 
for service. labor for sucli requisitions by reason of his slave or slaves being 
employed, at the passage of this Act, in manufacturing or on rail- 
roads, or in the boiling of salt, or in any Government contract ; 
but in such case the owner may commute for such service, by 
paying into the State Treasury a sum of money, to be computed at 
eleven dollars per month for each of such slaves for the time their 
labor would have been required under this Act. 
y , ^, XIII. That iu the apportioning of the levies in the said several 

viousiy fur- divisions, slave owners who have already furnished the slave labor 
credited? '^^ shall be credited therefor, in the requisitions to be made under this 
Act ; and no more labor shall be required from such owners than 
may be sufficient, with the labor already furnished by them, re- 
spectively, to make up their respective quotas. 

In the Senate House, the eighteenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-two, 
and in the eighty-seventh year of the sovereignty and inde- • 
pendence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



OF SOUTH CAROLINA. 95 

AN ACT TO Amend an Act entitled " An Act to Organize A- '^- iso3. 
AND Supply Negro Labor for Coast Defense, in Compli- ' '^ 
ANCE WITH Requisitions of the Government of the Con- No. 4615. 
federate States," and to Authorize and Direct the 
Governor to Proceed to Furnish Negro Labor Under 
said Act. 

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

same, That an Act entitled " An Act to organize and supply negro Amendment 
labor for coast defense, in compliance with requisitions of the Gov- auragents?'^ ' 
ernment of the Confederate States," passed on the eighteenth day 
of Decet^ber, Anno Domini eighteen hundred and sixty-two, be, 
and the same is hereby, amended, and that the State Agent, ap- 
pointed under the fourth Section of said Act, shall have the power, 
and is hereby authorized, to appoint, with the approval of the Gov- 
ernor, such number of assistant agents as in his judgment may be 
necessary to enable him to execute the provisions of the sixth Sec- 
tion of said Act, and, as a compensation for their services while so 
employed, they shall be entitled to receive two dollars per diem. 

II. That the eleventh Section of said Act be so amended that. Amendment 
instead of the fines and penalties therein imposed upon such owners tor'defauft.^"*' 
of slaves as shall neglect or refuse to send their slaves, according to the 
requirements of said Act, such defaulters shall be liable to aline of 

one and a half dollars per diem for each slave, for the time they 
shall be liable to send such slaves, to be imposed and collected by 
the Commissioners of Roads in the District where such default has 
been made, in the manner now provided by law for default in the 
performance of said duty. 

III. That the Governor be, and is hereby, authorized and di- Governor to 
rected, to proceed to furnish negro labor to the Confederate Govern- labor. 

ment under said Act ; notwithstawdiug said Government has not, 
through the proper officer authorized thereto, assented and agreed 
to the provisions contained in said Act, declaring said Government 
liable to the owner for any loss or damage of or to the slave or 
slaves during his or their service : Provided, however, That the State 
does not, by this Act, waive the right to insist upon such liability, 
as well as all the provisions of said Act, and the amendments 
thereto, and he is hereby directed to take such proceedings as he 
may deem necessary and proper to bring said provisions to the 
notice of the Congress of the Confederate States, and procure their 
assent to all its terms and conditions. 

In the Senate House, the sixth day of February, in the year 
of our Lord one thousand eight hundred and sixty-three, 
and in the eighty-seventh year of the sovereignty and indepen- 
dence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
A. P. ALDRICH, Speaker House of Representatives. 



96 STATUTES AT LARGE 

A. D. 1863. ^]sr ACT TO Amend an Act entitled " 4n Act to Amend an 
' V ' Act entitled 'an Act to Organize and Supply Negro 
No. 4616. Labor for Coast Defense, in Compliance with Requisi- 
tions OF THE Government of the Confederate States,' " 
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 autnority of the 

tioiro/^ActTf same, That the twelfth Section of an Act entitled " An Act to or- 
l)ecemberiSG2, gauize and Supply negro labor for the coast defense, in compliance 
repea e . ■^y'li}^ requisitions of the Government of the Confederate States," 

passed on the eighteenth day of December, Anno Domini one thou- 
sand eight hundred and sixty-two, be, and the same is hereby, re- 
pealed. 

II. That the Commissioners of Roads be, and they are hereby, 
Commissioners required to make returns, on oath, to their respective Boards of all 
lauiters ou persous within their divisions who shall make default in furnishing 
'"^*'^- their quota of negro labor when called for, in pursuance of said 

Act ; and it shall be the duty of said Boards to report the names of 
all such defaulters to the Fall Term of the Court of Common Pleas 
and General Sessions, and also what action they have taken in re- 
lation to such defaulters. 
City authori- III. That the authorities of any incorporated city, town or vil- 
portdetauiters^ •'^S^ ^^^ Subject to the jurisdiction of the Commissioners of Roads 
in the performance of road duty, shall cause returns to be made, 
on oath, of all persons within their jurisdiction who shall make de- 
fault in furnishing his or her quota of labor when called for, iu 
pursuance of said Act, and report all such defaulters as hereinbe- 
fore required of the Boards of Commissioners of Roads. 
One slave ex- IV. That persons owning only one slave liable to road duty shall 
empted. bg exempted from furnishing labor under said Act. 

Commissioners V. That a number less than a quorum of any Board of Commis- 
sioners of Roads shall have the power, and ai'e hereby directed, to 
appoint persons to vacancies occasioned by the absence of members 
from the State, until a quorum shall be formed ; and it shall be 
lawful to appoint persons who are not liable to road duty to fill any 
vacancy in said Boards. 
Commissioners VI. That the second Section of an Act entitled " An Act to 
tor default. "*''' amend an ' Act to organize and supply negro labor for coast de- 
fense, in compliance with requisitions of the Government of the 
State Agent to Confederate States,' and to authorize and direct the Governor to 
hire negroes, proceed to furuish negro labor under the said Act," passed on the 
sixth day of February, Anno Domini one thousand eight hundred 
and sixty-three, be, and the same is hereby, altered and amended, 
so that the Commissioners of Roads be, and are hereby, authorized 
and directed to collect the fines imposed for such default, iu the 
manner now provided by law for default in the performance of road 
duty, and to pay the fine so collected to the State Agent, to be by 
him expended in the hire of negroes to be employed on coast de- 
fenses. 
Penalty for YII. That if any Commissioner of Roads, or any Board of Com- 
piy^with ^pro- missioners, or the authorities of any incorporate city, town, or vil- 
visionsof Act. lage, shall neglect or refuse to comply with the provisions of this 



may fill vacan- 
cies 



OF SOUTH CAROLINA. 97 



Act, he or they shall suffer, for each and every default, the same 
pains and penalties, and in the same manner, as are now prescribed 
by the statute law of this State for the punishment of Commissioners^ 
of Roads for neglect or refusal to discharge the duties required of 
them. 

In the Senate House, the tenth day of April, in the year of our 
Lord one thousand eight hundred and sixty-three, and m the 
eighty-seventh year of the sovereignty and independence of 
the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



A. D. lSf.S. 



AN ACT TO Suppress the Undue Distillation of Spirituous No. 4617. 
Liquors from the Cereal Grains of this State, 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the v 
same. That from and after the ratification of this Act, it shall be j^.^^.^j.^^ ^^^_ 
unlawful to distill, or cause to be distilled, or be concerned in the lawful. 
distillation of spirituous liquors from corn, wheat, rye, barley, rice, 
or any of the cereal grains within the limits of this State, except as 
hereinafter provided; and any person or persons who shall distill, or Penalty. 
cause to be distilled, or be concerned in the distillation of the grains, 
or any of them, aforesaid, in violation of the provisions of this Act, 
shall "be deemed guilty of a high misdemeanor, and on conviction in 
the Court of Sessions," in addition to forfeiting their stills and other 
apparatus used in the distillation, shall be imprisoned not less than 
six months nor more than two years, and be fined in any sum, in 
the discretion of the Court, not less than one thousand nor more 
than five thousand dollars— two hundred and fifty dollars of which 
shall go to the informer, who shall be a competent witness to prove 
the fact: Provided, That existing contracts made with the Medical Proviso. 
Purveyor of the Confederate government for the distillation of 
whisky or alcohol may be executed according to their terms: And 
jyrovided farther, That the Governor, if satisfactorily informed that 
a supply of spirits, which cannot be otherwise obtained, is absolutely \ 
nece&saiy for medicinal purposes in this State, may contract with a 
proper number of responsible and skilled agents, in any one or more ^^^^^^^^_ 
of the Districts, to manufacture a limited quantity of pure spirits, c'mtract ' wTt'h 
at a limited and reasonable price, strictly for medicinal purposes, Agents. 
taking care that such proper disposition of the product is made as 
to secure its application alone to the purposes intended. 

II. That agents thus appointed, before entering on the execution Agents to give 
of their contracts, shall enter into bond, payable to the State, in a 
sum equal to treble the value of their contracts, respectively, with 
two or more good sureties, before the Clerk of the Court of the Dis- 
trict in which thev reside, conditioned that the spirits to be manu- 
factured by them shall be pure, and delivered within the time 
limited; that they will distill uo more than is mentioned in their cou- 
Vol. 13—7 



98 STATUTES AT LARGE 

A. D. 1863.^ tracts; and that they will turn over all that is distilled, as directed 
by the Governor ; which bond, if forfeited, may be estreated as other 
recognizances in the Court of Sessions; and shall also take and sub- 
scribe an oath before the Clerk of the Court, to be filed in his office, 
that they will truly comply with the terms of their contract, and 
will distill no more, nor dispose of any portion of that distilled, 
otherwise than is mentioned in their said contracts, upon which 
oath, if violated, perjury may be assigned in the Court of Sessions. 
Magistrates to HI. That it shall be the duty of the Magistrates of this State, in 
forced. their respective Districts, to see tha,t the provisions of this Act are 

enforced; and if, from personal observation or information on oath, 
it shall come to the knowledge of any one of them that any person 
or persons are engaged, or have been engaged, in unlawful distilling, 
it shall be the duty of such Magistrate to issue his warrant com- 
manding the arrest of the party or parties, and the seizure of the 
stills and other apparatus used in the distillation ; the party or parties 
to be held to answer to an indictment as herein provided, and the 
stills and other apparatus seized to be detained pending the prose- 
cution, and, on conviction, to be appropriated to the public use, as 
may be ordered by the Court. 
Patrol to report IV. That every Captain of patrol shall, in his regular return to 
violations. ^j^g Captain of the beat, report any violations of this law, and said 
Captain shall immediately report the fact to the nearest Magistrate, 
for action thereon. 
Limitation. Y_ That this Act shall continue in existence for six mouths after 

a treaty of peace with the United States, and no longer. 

In the Senate House, the eighteenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-two, 
and the eighty-seventh year of the sovereiguty and indepen- 
dence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



No. 4618. AN ACT to Suppress the Distillation of Spirituous Li- 
quors IN this State. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
^. same. That from and after the ratification of this Act, and during 

prohibited.' the continuance of the existing war between the Confederate States 
and United States of America, the distillation of spirituous liquors 
of any name or kind, from any material or substance, other than 
the ordinary fruits in their season, shall be, and is hereby, abso- 
lutely prohibited, except as hereinafter provided ; and any person 
■n , r J- or persons who shall distill, or cause to be distilled, or be concerned 

Penalty for dis- .',■,..,,. n • -^ i- • ^i • o^ i. i 

tilling or e_x- in the distillation 01 any spirituous liquors in this btate, or who 

tuiluon ""^ '^'^^ shall transport, or cause to be transported, or be concerned in the 

transportation of any material or substance whatsoever, other than 

the fruits aforesaid, beyond the limits of this State, for the purpose 



OF SOUTH CAROLINA. 99 

or with the knowledge that the same is to be distilled into spirituous -'^•^- ^^^''^■ 
liquors, shall be deemed guilty of a high misdemeanor, and, on con- ■"» 

viction, in addition to forfeiting their stills and other apparatus 
used in the distillation to the public use, shall be imprisoned not 
less than six months nor more than two years, and be fined not less 
than one thousand nor more than five thousand dollars, two hundred 
and fifty dollars of which fine shall go to the informer, who shall 
be a competent witness to prove the fact. 

■II. That His Excellency the Governor, on being satisfactorily 5j'°^^''"°^ef ^^ 
assured that an increased quantity of spirituous liquors, which appoiiu agents 
cannot be otherwise procured, is absolutely necessary for medicinal to distill. 
purposes in this State, shall have power to have manufactured, at 
some central and convenient location, by skilled and responsible 
agents, at fixed salaries, to be appointed by himself, such quantity 
of alcohol or pure spirits as shall be deemed requisite for the pur- 
poses aforesaid ; and to make such rules and regulations for the 
distribution of the same, wherever needed throughout the State, as 
shall be most convenient and effectual to meet the public exigency, 
and at the same time secure its application, as far as is practicable, 
exclusively to medicinal purposes. 

III. That it shall not be lawful for apothecaries, physicians, or Regulations as 
other persons who shall purchase or procure any portion of the ri°es,'&c.° 
alcohol or spirituous liquors distilled by the authority aforesaid, to 

resell or dispose of the same, in any quantity, to any person or per- 
sons, for any other than strictly medicinal purposes, or at an ad- , 
vance of more than iwenty-five per centum on its cost ; and any 
person who shall violate the provisions of this Section shall be '^^^ ^' 
deemed guilty of a misdemeanor, and, on conviction, be imprisoned 
for any time not exceeding six months, and fined in any sum not 
exceeding five hundred dollars. 

IV. That His Excellency the Governor shall be, and is hereby, §f Jr!zed"to ap- 
authorized to employ special agents, one or more, and fix their point agents to 
compensation, for the purpose of enforcing, under the orders of the enforce Act. 
Governor, the provisions of this Act; and it shall be the duty of 

the several Sheriffs, Deputy Sheriffs, Magistrates and Constables of 
this Slate to render to such agents any assistance that may be re- 
quired in the discharge of their duties, under the pain of being 
indicted as for official misconduct. 

V. That all licenses or permits heretofore granted by the Gov- Former li- 
ernor, or any other authority, to any person or persons to distill cenbesrevoe 
spirituous liquors in this State shall be, and the same are hereby, 

revoked and declared void ; and all Acts and parts of Acts incon- 
sistent with this Act are hereby repealed : Provided, That the Gen- allowed. 
eral Assembly may make reasonable compensation to persons to 
whom the Governor has heretofore granted licenses, for any damage 
done to them by revoking said licenses. 

In the Senate House, the tenth day of April, in the year of our 
Lord one thousand eight hundred and sixty-three, and in the 
eighty-seventh year of the sovereignty and independence of 
the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



100 STATUTES AT LARGE 

A. D. 1863. AN ACT TO Prevent and Punish the Planting and Culti- 

' V- — ^ vatino, in this State, over a Certain Quantity of Cotton 

No. 4619. During the Present Year. 

I. Be it enacted by the Senate and House of Representatives, 
now met and sitting in General Assembly, and by the authority of 
im[«tinV!t- *^^ ^^'^^*^' That during the war in which we are now engaged, it 
ton limited. shall not be luwful for any person or persons, during the present 
year, whether residing iu this State or not, to plant or cultivate in 
this State, by thenoselves, their agents or employees, or to allow the 
same to be done, a greater number of acres of land in cotton thau 
three acres of short staple or one and a half of long staple, for 
each hand owned or employed by them in agriculture between the 
ages of fifteen and fifty-five ; and when said person or persons may 
own or employ hands over fifty-five years of age and under sixty- 
five, or over twelve years of age and under fifteen, two of said 
hands shall be counted as one hand : Provided, That nothing con- 
tained in this Act shall be construed to aflTect the right of any 
white person himself to plant and cultivate cotton according to the 
rate herein prescribed. 
Penalty for vi- II. That every violator of this law shall be guilty of a misde- 
oiation. raeanor, and, upon conviction thereof, shall be fined the sum of five 

hundred dollars for each and every acre so planted above the num- 
ber specified ; such penalty to be paid to the "Soldiers' Board of 
Relief" of the District where such conviction takes place. 
Rule of survey HI. That after warrant issued against any person or persons, for a 
to be issued. ^i(ji.^ti(j„ of thig Act, it shall be the duty of the Clerk of the Court 
of General Sessions and Common Pleas for the District in which 
the offense is charged, upon the application, under oath, of either 
party, prosecutor or defendant, to issue a rule of survey in the case, 
giving five days' notice thereof to the opposite party, the costs of 
such rule and survey to be taxed in the bill of costs, upon the final 
adjudication of the case. 
Planters to re- IV. That all owners of slaves or employees shall give in, on oath, 
&r™'' Tilx to the Tax Collector, the number of hands owned or employed by 
Collectors. them in agriculture, between the ages of twelve and fifteen, and fif- 
teen and fifty-five, and fifty -five and sixty-five, each year during 
said war, under a penalty of one hundred dollars for each hand, to 
be recovered as specified in the former Sections of this Act. 
.TudKcs to V. That the Judges of the Courts of Common Pleas and General 

oharge grand gessious be required to give this law specially in charge to the 
juries. Grand Juries, at each term of their Courts, during said war with 

the Abolitionists. 

In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and sixty-three, and in 
the eighty seventh year of the sovereignty and independence 
of the State of South Carolina. 

W. D. PORTER. President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



OF SOUTH CAROLINA. 101 

AN ACT TO Amend an Act Entitled " An Act to Pre- ^- D- i^es. 

VENT AND Punish the Planting and Cultivating, in this ""^ * ' 

State, Over a Certain Quantity of Cotton During the No. 4620. 
Present Year." . 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the , r -t it 
same, That an Act entitled " Au Act to prevent and punish the one' acre per 
planting and cultivating, in this State, over a certain amount of ^'^" 
cotton during the present year," ratified on the sixth day of Feb- 
ruary, in the year of our Lord one thousand eight hundred and 
sixty-three, be, and the same is hereby, altered and amended, so as 
to read as follows, to wit: That until the first day of January next, 
it shall not be lawful for any person or persons to plant, cultivate, 
or gather, or allow the same to be done, more than one acre of cot- 
ton for each hand employed in agriculture by such person or per- 
sons, between the ages of fifteen and fifty five years ; and where 
hands over fifty-five, and under sixty-five years of age, or over 
twelve, and under fifteen years of age are employed by any cultiva- 
tor of cotton, two of such hands shall be counted as one: Provided, ,^,V* hands 
That no employee shall be counted as a hand, or half-hand, in any ed. 
case, but such as are engaged in agriculture : And provided, farther, 
That white persons shall have the right to plant and cultivate a 
like quautity of cotton, whether exclusively engaged in agriculture 
or not, 

n. That every person who shall plant, or be concerned in plant- Penalty for vi- 
ing, cultivating or gathering, during the present year, more Cotton " '^ ^°^^^ ^ ' 
per hand than is hereinbefore specified, shall be deemed guilty of a 
misdemeanor, and, on conviction, be fined in the sum of five hun- 
dred dollars for each acre, or fractional part of an acre so planted, 
cultivated or gathered, above the quantity so specified ; one-half 
of which shall go to the informer, who shall be a competent witness 
to prove the fact, and the other half to the " Soldiers' Board of 
Relief" of the District in which the conviction shall be had. 

in. That if it shall come to the knowledge of His Excellency Duties of of- 
the Governor, or to the knowledge of any of the Judges, Solicitors, ^°^'^^- 
Clerks of the Courts, Magistrates, or other public ofiicers of this 
State, by personal observation or information, on oath, that any per- 
son or persons have violated the provisions of this Act, it shall be 
the duty of such public officer to cause a warrant to forthwith issue 
for the apprehension of the offender or oflJ'enders, to the end that 
they may be held to answer an indictment at the next Court of 
Sessions of the District, in which no imparlance shall be allowed ; 
and after the issue of such warrant, it shall be the duty of the meaJiIre^'laudf 
Clerk of the Court of General Sessions and Common Pleas of the 
District, on the application of either prosecutor or defendant, to 
issue a rule of survey in the case, directed to some competent sur- 
veyor, giving five days' notice to the opposite party; and such sur- 
veyor is hereby required to go forthwith upon the premises of the 
party or pirties charged, and ascertain, by actual measurement, the 
quantity of cotton planted, cultivated or gathered by such party or 
parties, and make return thereof to the Court from which the 
rule issues, the expenses of such rule and survey to be taxed in the 
bill of costs on the final adjudication of the case. 



102 STATUTES AT LARGE 

A. D. 1863. lY That it shall be the duty of all persons who cultivate cotton 
^■"'"'^'^ ' to render in on oath to the Tax Collector of the District in which 

ers**'^ °^ ^'^^'^" they reside the number of hands owned or employed by them ia 
agriculture, between the ages of twelve and fifteen, fifteeti and fifty- 
five, and fifty-five and sixty-five, during the present year, under a 
penalty of one hundred dollars for each hand omitted to be returned 
to the Tax Collector, to be recovered as specified in the former Sec- 
tion of this Act; which returns the Tax Collectors are hereby re- 
quired to receive. 

Duty of Judges V. That it shall be the duty of the Judges of the Courts of Gene- 
ral Sessions to give this Act specially in charge to the Grand Juries 
at each term of said Courts, during the present year. 

In the Senate House, the tenth day of April, in the year of our 
Lord one thousand eight hundred and sixty-three, and in the 
eighty-seventh year of the sovereignty and independence 
of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



No. 4621. AN ACT to Provide Against Dearths of Salt. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
Governor em- same, That the Governor shall be, and he is hereby, empowered to 
contract tor Contract, in behalf of the State, for the purchase of salt, whereof 
purchase of ^ot more than twenty thousand bushels shall be delivered in each, 
and every year, for the term of twenty years from and after the 
passing of this Act, at any price not exceeding fifty cents per 
bushel : Provided, That the salt so to be purchased shall be made 
within the State, by solar evaporation : And provided, also, That no 
such contract shall be made for the purchase of more than five 
thousand bushels of salt annually from one and the same person, 
partnership or corporation, or of more than five thousand bushels 
annually of the produce of any one establishment for the making 
of salt: And provided, further, That the ?aid salt shall be de- 
livered in Charleston or Columbia, at the option of the seller. 
Delivery of salt 11. It shall be lawful for the Governor to dispense with the de- 
suspen ed. livery of Salt under any such contract as aforesaid, whenever, and 
so long, as the current price of salt in Charleston shall be above 
fifty cents per bushel ; and a stipulation to that effect may be in- 
serted in the contract. 
Magazines to HI. There shall be constructed, or otherwise procured, for the 
eprovi e . ^^^ ^^ ^^^ State, two public magazines, or store houses, for the stor- 
ing and safe keeping of salt, each capable of containing at least one 
hundred thousand bushels, one of which shall be located in or near 
the city of Charleston, and the other in or near the city of Colum- 
bia ; and for the purpose of purchasing such magazines or store 



OF SOUTH CAROLINA. 103 

houses, or of purchasing proper sites and erecting suitable buildings ^- ^- ^^63. 

for the same, the sum of twenty thousand dollars is hereby appro- ^— ~v— ^ 
priated. 

IV. The Governor shall appoint three Commissioners for Charles- Commis.^iouers 
ton, and three Commissioners for Columbia, who shall be styled, tiieh-dutiesf" 
respectively, "Commissioners of the Charleston Salt Magazine" 

and "Commissioners of the Columbia Salt Magazine" And the 
«aid Con)missioners shall hold their offices for the term of four years 
from the time of their appointment, and until a new appi.intment 
shall be made; and it shall be their duty to direct and superintend 
the purchase or constructiou of the magazines for which they are 
respectively appointed, and for that purpose they shall be authorized 
to draw the money hereinbefore appropriated, as the same may be 
from time to time required. It shall also be the duty of the said 
Commissioners and their successors to receive such salt as may be 
delivered under any contract made in behalf of the State tor the 
purchase of salt, in pursuance of the provisions of this Act, and to 
cause the same to be stored and safely kept in public magazines to 
be provided therefor; and for that purpose they shall be authorized 
to employ proper persons under them, at such reasonable coaipensa- 
tion as may be fixed by them, with the approbation of the Gov- 
ernor, subject always, however, to the revision and control of the 
Legislature. 

V. In case any salt shall be delivered in pursuance of any such commissionera 
contract as aforesaid, before the said public magazines, or either of to sell salt. 
them, shall be ready to receive the same, the said Commissioners 

shall be authorized to sell such salt at the highest price that can be 
obtained therefor ; and whenever the said magazines shall be full, 
the Commissioners shall also be authorized, in the same manner, to 
sell such salt as may be delivered under any such contract. 

VI. Whenever the current price of salt at Charleston or Colum- Limitation of 
bia shall be above two and a half dollars per bushel, the said Com- ^"°'^' 
missioners shall sell to the citizens of this State such salt as may 

then be stored in the said magazines, at the price of two and a half 
dollars per bushel, under such regulations, to be established by the 
Commissioners, with the concurrence and approval of the Governor, 
as may secure to the people of every part of the State a fair and 
equal participation in the benefit of such salts, and prevent the said 
salt from being purchased for re-sale or speculation, or exportation 
from the State. 

VII. The construction of the said magazines shall not be com- ^Vhen to com- 
menced, nor shall any land or buildings for the same be purchased mence. 
before the expiration of one year from the passing of this Act. 

In the Senate House, the sixth day of February, in the year 
of our Lord one thousand eight hundred and sixty-three, 
and in the eighty seventh year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
A. P. ALDRICH, Speaker House of Representatives. 



104 STATUTES AT LARGE 

A. D. 1863. AN ACT TO Incorporate Certain Religious and Charita- 
' "^ ~^ RLE Societies, and to Renew and Amend the Charters of 
No. 4622. Others Heretofore Granted. 

I. Be it enacted by the Senate aud Hon?e of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That Dowens Barksdale, J. M. Franks, and Ambrose 
B''aTt"is^t''^^'' Martin, Trustees of the Chesnut Ridge Baptist Church, in Lanrens- 
Chuieh. District, and their successors in the said office, appointed fVom time 

to lime, iu conformity with the rules aud disciplitie of the said 
Church, be, and they are hereby, created a body politic and cor- 
porate, by the name of "The Trustees of the Chesnut Ridge Bap- 
tist (Jhurch of Laurens District," for the period of twenty-one years 
from the ratification of this Act ; aud shall have power to have and 
use a common seal, to sue and be sued, plead and be impleaded, in 
any Court of this State ; to make all by-laws necessary and 
proper for the purposes of said corporation, not repugnant to the 
laws of this State; to hold and enjoy real estate, and the same, or 
any part thereof, to alien, encumber, lease, or otherwise by deed 
dispose of at will, and in general to exercise and enjoy all the 
powers and privileges incident to such like corporations. 
Oran-eburg II. That P. A. McMichael, D. S. Tyler, and B. Williamson, 
Church!*'^ Trustees of the "Orangeburg Baptist Church, in Orangeburg 
village," and their successors in the said office, appointed from 
time to time, in conformity with the rules and discipline of the 
said Church, be, and they are hereby, created a body politic and 
corporate, by the name of the "Trustees of the Orangeburg Baptist 
Church," iu the village of Orangeburg, for the period of twenty- 
one years from the ratification of this Act, and shall have power 
to have and use a common seal ; to sue aud be sued, plead aud be 
impleaded, in any Court of this State ; to make all by-laws neces- 
sary and proper for the purposes of said corporation, not repugnant 
to the laws of this State; to hold and enjoy real estate, and the 
same, or any part thereof, to alien, encumber, lease, or otherwise by 
deed dispose of at will, and iu general to exercise and enjoy all the 
powers and privileges incident to such like corporations. 
Little r.eneros- HI- That the charter heretofore granted to the " Associate Re- 
tcc Piosbyte- formed Presbyterian Church of Little Generf)stee," Anderson Dis- 
trict, be, and the same is hereby, renewed and extended for a 
period of twenty-one years from the day on which the said charter, 
according to its present limitation, will expire, and with all the 
rights, powers, privileges aud immunities heretofore granted to said 
corporation. 
Moriih Bap- IV. That P. T. Hammond, Moderator, and John S. Croxton, 
tistCiimcb. Clerk, of the Moriah Baptist Association, of Lancaster District, 
and their successors iu office, be, and they are hereby, declared to 
be, a body [lolitio aud corporate, by the name and style of the 
" Moriah Baptist Associaticui, in Lancaster District," for the period 
of twenty-one years from the ratification of this Act ; and shall 
have power to have and use a common seal, to sue and be ?ued, 
plead and be impleaded, in any Court of this State; to make all 
by-laws necessary and proper for the purposes of said corporation, 
not repugnant to the laws of this State ; to hold and enjoy real and 



OF SOUTH CAROLINA. - 105 

personal estate, and to sell, alien, or transfer the same, or any part AJDJ^ 
thereof: Provided, The said amount of property so held shall at -^ 

no time exceed thirty thousand dollars. 

V. That J. J. Bonner, H. T. Sloan, J. N. Youuo:, E. L. Pattou, Egine Theo- 
J. Boyce, J. L. Miller, H. W. Pressly, H. L. Murphy, T. B. Chal- inary. 
niers, J. P. Kennedy, P. H. Bradley, R. C. Sharp, and their suc- 
cessors in office, be, and they are hereby declared, a body politic 

and corporate, by the name aiid style of the " Erskine Theological 
Seminary," with all the rights, powers and privileges incident to 
bodies politic and corporate ; to hold real and personal property, 
not exceeding two hundred thousand dollars; to elect their officers, 
and to fill all vacancies in their own body ; to take control and 
manage the funds of the said institution, and to discharge all the 
duties pertaining to the same; and that the said "Erskine Theo- 
logical Seminary," with its Professors, its property, its Board of 
Trustees, and all its interests, be, and the same are hereby, placed 
under the management of the Associate Reformed Synod of the 
South. 

VI. That the officers and members of the Associate Reformed Refor'm'e^d 
Church, at Yorkville be, and they are hereby, created and con- Church, of 
stituted a body politic and corporate, by the name and style of 

the "Associate Reformed Church of Yorkville," with all the 
rights, powers and privileges incident to such corporations ; and 
the said corporation shall have power to retain, possess and en- 
joy, and the same to alien at will, all such property as said 
Church now possesses, or is entitled to, or which shall hereafter 
be given, granted, bequeathed to, or in any manner acquired by 
it : Provided, That said property shall not at any time exceed in 
value the sum of twenty thousand dollars. 

VII. That Dr. Peter Moon, F. B. Higgins, R. Stewart, A. C. ^ Rosemonte 

/-N ,• o- T-1 • 1 ii • • i 1 U„ Cemetery As- 

Garlmgton, Simef)n Fair, and their associates and successors, be, gociation. 
and they are hereby, made a body politic and corporate in law, 
under the name and style of the "Rosemonte ('emetery Associa- 
tion," 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 im- 
pleaded, in any Court of law or equity, with the other powers 
usually incident to other corporations; and shall have power to 
purchase, have, hold, and to enjoy, to them and their successors, 
such tract or tracts of land, in the neighborhood of the town of 
Newberry, not exceeding twenty acres, as they may select for the 
purpose of a Cemetery: Provided, That the lands so purchased 
shall not be more than two miles distant from the said town, and 
shall be used exclusively as a place of burial for the dead, and 
that deeds and plats thereof shall be recorded in the office of the 
Rfrgister of Mesne Conveyances tor Newberry District within three 
mcnths after the execution of the said deed or deeds. 

VIII. That the jjcisons named above shall be the first Board of Di- goa^l^oP Di- 
rectors of the said Rosemonte Cemetery Association, and shall have rectors. 
power to Iny out and ornament thegrouudri, to erect all buildings and 

fixtures neces>sary for carrying into effect the purposes of this Act, to 
dispose of and arrange burial lots, and to make such by-laws, rules 
and regulations, relative to the election of Directors, and their 
successors, and the appointment of suitable officers and agents, and 
also such rules and regulations for the government of lot-holders 



106 STATUTES AT LARGE 

A. D. 1863. and visitors to the Cemetery, and for the management of the affairs 
^■"^^-^^ of the Association generally, as from time to time they may deem 
necessary; that the said Rosemonte Cemetery Association shall be able 
and capable in law to sell and dispose of the abovemen denied 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 incorpo- 
ration : Provided, That said land, selected f )r a Cemetery, shall 
never be granted but for burial lots, and that the lots so grarted 
shall be held by the proprietors f(>r the purpose of sepulture alone. 
Xo streets to IX. That no Streets or roads shall hereafter be opened thmugh 
be opened. ^j^g lands SO appropriated, except by and with the consent of this 
corporation. 
Penalty for ^- "Th^t any person who shall wilfully destroy, mutilate, deface 
mutilation or or injure, or remove any tomb, monument, grave-stone or other 
tombs.'^&c.'^ ° structure placed in the Ceraeterj'- aforesaid, or any fence, railing or 
other works for the protection or ornament of any tomb, monu- 
ment or grave-stone, or other structure aforesaid, shall be deemed 
guilty of a misdemeanor, and shall, on conviction thereof before 
any Court of General Sessions, be punished b}"^ a fine, at the discre- 
tion of the presiding Justice, according to the aggravation of the 
offence, of not less than five or more than fifty dollars. 
Members in- XL That the members or' said corporation shall be jointly and 
bie for"deW.'^ Severally liable for all debts and contracts made by the said cor- 
poration during the period of their membership. 
Exemption. XII. That the said Cemetery grounds shall be exempt from 
taxation, and also from levy and sale under execution. 
R.W. Southern XIII. That the Right Worthy Southern Grand Lodge of the 
f.'a 0. F^"''^'' Independent Order of Odd Fellows of the State of South Carolina 
be, and the same is hereby, created and constituted a body politic 
and corporate, by the name and style af)resaid, with all the powers 
and privileges incident to such corporations. 

In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and sixty-three, and 
in the eighty-seventh year of the sovereignty and independ- 
ence of the State of South Carolina. 

W. D. PORTER. President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



No. 4623. AN ACT to Provide for the Payment by the State of such 
War Tax as may be Imposed by the Congress of the Con- 
federate States during the Year One Thousand Eight 
Hundred and Sixty-thrke, and for the Collection of 
the Same from the Tax Pay'ers in this State. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That upon the imposition of a war tax during the year one 



OF SOUTH CAROLINA. 107 

thousand eight hundred and sixty-t ree, by the Congress of the ^- ^- ^^'''^• 

Confederate States, and when the Chief Collector of the Confede- ' ^^"""^ 

rate States for South Carolina shall have completed the assessment 

and tax returns in this State, and the sum total of the said war tax B^nfkTndT^rea- 

payable by the people of the State shall be made known, it, shall be smor of Lower 

the duty of the Treasurer of the Lower Division and the President tax.'^'""^ "''^^ 

of the Bank of the State of South Carolina to deduct from the 

total of the tax, as aforesaid, such per centum, if any is allowed, as 

is provided by the Act of the Congress of the Confederate States 

imposing such war tax. and to pay the amount of the residue thus 

ascertained into the Treasury of the Confederate States, in such 

manner as the Secretary of the Treasury of the Confederate States 

may direct, on or immediately before such day as may be fixed by 

such Act. of the Congress of the Confederate States, or appointed by 

authority of the Confederate States, for the payment of such war 

tax. 

. IL That to provide the funds to pay the tax as aforesaid, the To borrow 
Treasurer of the Lower Division and the President of the Bank of ™°"*^^* 
the State of South Carolina are hereby authorized and directed to 
borrow an amount of money equal to the net sum of the said tax, 
and to pledge the faith and funds of the State of South Carolina 
for the payment of the said loan and the interest to accrue thereon, 
and jointly to sign, on behalf of the State, the contracts made for 
the said loan. 

in. That it shall be the duty of the Treasurer of the Lower To procure 
Division and the President of the Bank of the State of South boJkl!^^''"' ^''^ 
Carolina, on making payment of the tax as aforesaid, to procure 
from the Chief Collector of the Confederate States the books con- 
taining the tax returns for the said war tax of all the tax districts 
in South Carolina, and to distribute and deliver the same to the 
several Tax Collectors of this State, within five days after the 
receipt of the same. 

IV. That each Tax Collector of this State shall execute his Tax Collectors 
bond, with three good sureties, to be approved and deposited gg *« ^i^e bond. 
bonds of Tax Collectors are now required by law, in a sum equal 

to the amount of the general tax for his collection district for the 

year one thousand eight hundred and sixty-two, which said bonds 

shall be executed and deposited with the proper officer on or before 

the first day of April next. And in case any Tax Collector shall fail 

to execute his bond, in manner aforesaid, by the time af )resaid, the 

Governor is hereby authorized and required to appoint a Collector in On fniiure 

the place of the Tax Collector so making default ; and the person so Governor '^nlky 

appointed shall execute his bond in three times the amount of the nppointCoiiec- 

general tax of his collection district for the year last preceding his 

appointment, with three good sureties, to be approved and lodged 

in the proper office, as now required by law of Tax Collectors, 

within two weeks after the date of his appointment, and before he 

ect-rs upon the duties of his office. 

V. That it shall be the duty of the Tax Collectors to open their When books to 
books to receive payment of the said war tax on a day not later Reopened. 
than twenty-five days after the delivery to the said Tax Collectors 

of the said tax returns, and which shall be uniform throughout the 
State, and to keep them open for the period of thirty days, and to 



108 STATUTES AT LARGE 

A. D. 1863. gjyg notice of the same in the same mauuer as in the collection of 
^""^y^'^ the taxes of the State. And all tax-payers who shall make pay- 
ment on or before the then closing of the said books, shall be 
aliowetL"*^'^"" entitled to a deduction of one-half of the per centum, if any, 
allowed by the Act of the Congress of the Confederate States, 
from the amount of their tax ; and the Tax Collectors are hereby 
authorized and required to make the said abatement. 
Books to be VI. 'I hat it shall be the duty of the Tax Collectors to re-open 
re-opened. their books on a day not later than one hundred and fifteen days 
after the delivery to the said Tax Collectors of the said tax 
returns, and which shall be uniform throughout the State, and 
keep them open for the period of thirty days, giving the same 
public notice as bef )re, to receive the taxes of such persons as may 
not have paid during the time when the books first were open : 
Provided, Tliat no abatement shall be made of the full sum 
assessed of the taxes to be paid during the second opening of the 
books, as herein provided 
T.ax collected VII. That the tax to be levied and collected as aforesaid shall 
of Confederate be the same in amount, and in lieu of any w'ar tax which may be 
^^^' imposed during the year one thousand eight hundred and sixty- 

three, by any Act of the Congress of the Confederate States ; and 
the Tax Collectors shall collect the same in conformity with the 
returns and amounts set forth in the books of the Tax Collectors 
of the Confederate States, furnished them l)y the Treasurer of the 
If in form of Lower Division and the President of the Bank of the State of 
quota, what South Carolina, as hereinbefore provided: Provided, That in case 
be^had '°^^ ° the Said tax shall be imposed in the form of a quota upon the 
States of the Confederacy, or in any manner otherwise than upon 
the property of the tax-payers, then it shall be the duty ^.f the 
Governor, together with the Treasurer of the Lower Division and 
the President of the Bank of the State of South Carolina to fix 
such rate of taxation upon all species of property specified in the 
Act of the Congress of the Confederate States, entitled " An Act 
to authorize the issue of treasury notes, and to provide a war tax 
ior their redem[)tion," approved the nineteenth day of August, 
one thousand eight hundred and sixty-one, as shall be sufficient to 
meet the vvar tax so imposed ; and upon the fixing of such rate of 
taxation it shall be the duty of the Governor to issue a pr )clama- 
DutiesofTax tion, giviug uotice of the species of property liable to taxation, 
der^'^proctama- ^^'^ "^ ^he rate of taxation to be levied thereupon ; and it shall 
tion of Gover- then become the duty of the said Tax Collectors, on a day not 
later than twenty-five days after the publication of the said 
proclamation, which day shall be uniform throughout the State, 
and of which notice shall be given as for the collection of the 
general tax, to open their books to receive returns from the tax- 
payers of this State, and to keep the same open for a period of 
thirty days; and it shall then become the duty of the Si.id Tax 
Collectors, resi)ectively, to assess the value of the propirty so 
returned, upon the same basis and principles as under the afore- 
said Act of Congress, and it shall be the further duty of the said 
Tax Collectors to re-open their books, on a day not later than 
thirty days after the closing of the same for returns, whii;h day 
shall be uniform throughout the State, and of which uotice shall be 



OF SOUTH CAROLINA. 109 

given as aforesaid, for the receptiou of the tax so assessed, and to A. D. 1863. 
keep the same open for a period of sixty days : Provided, also, ^^ "< 
That in case the above proviso shall become operative, then the 
fifth and sixth Sections of this Act shall become and be in- 
operative. 

VIII. That the compensation to be allowed to Tax Collectors for compensation 
the collection of the tax aforesaid, and the discharge of all the of Tax Coiiec- 
duties prescribed in this Act, shall be as follows, to wit: Two per ^'^^^' 
centum on the first ten thousand dollars of the sums collected, and 

one-half of one per centum on the remainder of the same: Provided, 
That in no case shall the compensation be less than three hundred 
dollars, nor more than eight hundred dollars: And provided, That 
the compensation of the Tax Collector for the Parishes of St. Philip's 
and St. Michael's shall be two thousand five hundred dollars. 

IX. That returns shall be made as usual by the Tax Collectors Return? of Tax 
to the Treasurer of the Upper Division, and the Treasurer of the Collectors. 
Lower Division, within thirty days after the respective periods in 

this Act mentioned for the closing of the books, and the moneys 
collected paid into the Treasury within the same time. 

X. That the Treasurer of the Lower Division and the President . Moneys re- 
ef the Bank of the vState of South Carolina are hereby authorized proVriat"dJ '^^" 
to draw from the Treasury of the State all sums deposited therein 

as the produce of the war tax aforesaid, and apply the same, as it 
may be paid in, to the gradual reduction and final extingui;«hment 
of the loan made by them, both of the principal and interest 
thereon: Provided, however, That no more of the said moneys shall be 
drawn than is necessary to discharge the principal and interest of 
the debt. 

XI. That all existing penalties and forfeitures imposed by law. Penalties and 
and all other provisions made by law for the enforcement of the fo"^!'^"''^^- 
collection of State taxes, are hereby adopted and applied to the col- 
lection of taxes under this Act, and the said taxes shall be payable 

in the medium provided by law for the payment of State taxes. 

In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and sixty-three, and 
in the eighty-seventh year of the sovereignty and independ- 
ence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



AN ACT TO Amend an Act entitled "An Act to Provide No. 4624. 
FOR the Payment by the State of the War Tax of the 
Confederate States, and for the Collection of the same 
from the Tax-Payers in this State." 

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 fifth, sixth and seventh Sections of an Act entitled ■rg?i*^'*''I*^°'ji°^ 
" An Act to provide for the payment by the State of the war tax of 



110 STATUTES AT LARGE 

A. D. 1853. ti^e Confederate States, and for the collection of the same from the 
^~ v-^^ tax-payers in this State," ratified on the twenty-first day of Decem- 
ber, iu the year of our Lord one thousand eight huDdred and sixty- 
one, be, and the same are hereby, amended so as to exclude the Tax 
Collectors and Sheriffs of this State from the collection of the war 
tax of the Confederate States from the tax-payers of the several 
Parishes and parts of Parishes hereinafter mentioned and estab- 
lished. 
Certain Par- ^^- 'That the Tax Collectors of this State be excluded from col- 
ishes exempt lectiiig any war tax from the tax-payers in this State in the Parishes 
rom axa ion. ^^- g^^ Johu's, Colletot), St. Helena, and Prince George, Winyah; 
that the Treasurer of the Lower Division be required, upon the 
production and surrender of the Tax Collector's receipts, to refund 
to such tax-payers of the said Parishes as may have paid the war 
tax, the amounts severally paid by them. 
tJovernor to HI- That there shall be appointed, by his Excellency the Gov- 
appoint Com- ernor, one Commissioner in each of the following Parishes, to wit: 
St. Peter's, Prince William's, St. Bartholomew's, St. Andrew'.-, St. 
Luke's, St. James', Santee, and All Saints ; and each Commissioner 
shall forthwith inquire and ascertain what portions of the Parish 
for which he has been appointed are in the possession of the enemy, 
or abandoned by orders from the Confederate officer within whuse 
military District the said Parishes may be severally located ; and 
upon such examination, such Commissioner shall report in writing 
to the President of the Bank of the State of South Carolina, and 
to the 'treasurer of the Lower Division, what portion of each of 
said Parishes should be freed from the enfoiceraeut of the war tax 
of the Confederate States by reason of such possession or abandon- 
ment, designating in such report the names of taxpayers who are 
to be freed from such taxation. 
Taxes to be re- IV. That upon the reports so made by the Commissioners, there 
teh^cases. ^^^' ^^^^' ^^ refunded from the Treasury of this State to the tax-payers 
residing within such portions of the said Parishes of St. Andrews, 
St. James", Santee, All Saints, and St. Luke's, the war tax paid by 
such tax-payer, upon the production by the tax-payer of evidence 
satisfactory to the Treasurer of the Lower Division of the payment 
of said war tax, and the President of the Bank of the State and 
the Treasurer of the Lower Division shall adopt the proper measures 
to obtain for the tax-payers of the Parishes of St. Peter's, St. Bar- 
tholomew's and Prince William's the benefits of the Act of Con- 
gress entitled "An Act to regulate the collection of the war tax in 
certain States invaded by the enemy," and upon the assent thereto 
being obtained from the President of the Confederate States, a 
similar refund shall be made to the tax-payers of the said last- 
named Parishes. 
Amounts re- V. That the President of the Bank of the State of South Caro- 
deduo'?ed!" ^^ ^'"^ ^"*^ ^'^® Treasurer of the Lower Division shall, in the final set- 
tlement of the war tax of the Confederate States, deduct therefrom 
all such sums as may be ordered to be refunded under the provisioD« 
of this Act, and also of all such sums as shall be ordered to be re- 
funded by the General Assembly in consequence of double war 
taxes, or war taxes incorrectly levied. 

VI. That the Tax Collectors in the said Parishes, designated in 



OF SOUTH CAROLINA. Ill 

the fourth Section of this Act, shall proceed to the collection of the ^- ^- ^^^^s. 
Avar tax in their several Parishes from all persons who have not ^^^^^ — ^ 
heretofore paid the same, and whose names do not appear in the re- ported^tT* 'a^v 
ports of the several Commissioners appointed under this Act as being tax. 
entitled to exemption, and upon default of payment, shall proceed 
to enforce the payment in the manner provided by law. 

In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and sixty-three, and 
in the eighty-seventh year of the sovereignty and indepen- 
dence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDKICd, Speaker House of Representatives. 



AN ACT TO Repeal an Act entitled "An Act to Provide No. 4625. 

FOR THE PAYMENT BY THE StATB OP SUCH WaR TaX AS MAY 

BE Imposed by the Congress of the Confederate States 

DURING the year ONE THOUSAND EIGHT HUNDRED AND SIXTY- 
THREE, AND FOR THE COLLECTION OF THE SAME FROM THE TAX- 
PAYERS IN THIS State." 

I. Be it enacted hy the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the Act repealed, 
same. That un Act entitled " An Act to provide for the payment 
by the State of such War Tax as niay be imposed by the Congress 
of the Confederate States during the year one thousand eight hun- 
dred and sixty-three, and for the collection of the same from the 
tax papers in this State," be, and the same is hereby, repealed. 

In the Senate House, the tenth day of April, in the year of our 
Lord one thousand eight hundred and sixty-three, and the 
eighty-seventh year of the sovereignty and independence of 
the Sate of South Carolina. 

W. D. PORTER, President of the Senate, 

A. P. ALDRICH, Speaker House of Representatives. 



AN ACT TO Authorize and Empower Certain Regiments to No. 4626. 
Elect their Field Officers. 

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 Adjutant and Inspector General be, and he is ^ Election or- 
hereby, instructed to order an election for field officers of the several ^^^ ' 
Regiments of the First Corps of Reserves, and of such other Regi- 
ments now in service, whose field officers have been appointed by 
the Executive Council; such elections to be held at such times and 
places as the Adjutant and Inspector General may direct, and that 



112 STATUTES ^T LARGE 

A. D. l»33. gj^cij member of any of the companies of the said Regiment shall be 
^■~v-~-^ entitled to vote for field officers of the Regiment to which he be- 
longs. 
Officers to con- H. That the commissioned officers of each company shall open a 

duct election. n j i ^ i i • • ■ ^ i " i n i 

poll and conduct the election in said company, and shall make a 
return thereof, under their hands, to the Adjutant and Inspector 
General, who shall report the result of the election to the Comman- 
der-in-Chief, and the officers so elected shall be commissioned by the 
Governor. 
On failure to HI- That in case there shall be a failure to elect any of the offi- 
tion'ordered!*' ^^""^ ^^" ^^^® ^'^'^^ Regiments, the Adjutant and Inspector General 
shall, upon receiving notice thereof, forthwith issue an order for an- 
other election, to be conducted in the same manner as is hereinbe- 
fore provided. 
Existing com- IV. That the commissions of the field officers of the said several 
^twl?"*' ^ '^" Regiments of Reserves, aj)poiuted by the Governor and Council, 
shall be vacated so soon as the officers elected under the provisions 
of this Act shall have been commissioned and qualified. 
Resolution re- V. That the resolution of the Executive Council disbanding the 
pealed. fourth and tenth Regiments of the First Corps of Reserves be, and 

the same is hereby, repealed. 
Term of service VI. That the service of the said First Corps of Reserves be not 
limited. extended beyond their term of enlistment, to wit: for three mouths 

from their enlistment. 

In the Senate House, the eighteenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-two, 
and in the eighty-seventh year of the sovereignty and inde- 
pendence of the Slate of South Carolina. 

W. D. PORTER, President of the vSenate. 

A. P. ALDRICH, Speaker House of Representatives. 



No. 4627. AIS" ACT to Enable Citizens of the State avho are Engaged 
IN Military Service to Exercise the Rights of Suf- 
frage. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authorty of the 
Soldiers to ^'^"^6, Thatall Citizens of this State who are engaged in the military 
vote. service, either of this State or of the Confederate States, shall be 

entitled to exercise the rights of suffrage in all respects as fully as 
they could do were they present in their respective Election Dis- 
tricts, at the polls thereof. 
Twoconimiii- n That for the purpose of enabling such persons so to exercise 

sioned omccrs ,, . , , ,. «. * -^ i ii i ^i • • -i i x 

may open poll, the rights 01 suffrage, it shall be their privilege, when any two or 
more may be at the same camp, or other place where soldiers are 
congregated, to have opened at such camp or other place a poll, to 
be managed by any two commissioned officers, citizens of this 
State, who may be by such voters selected to manage the same. 
III. That before entering upon the management of such poll, 



OF SOUTH CAROLINA. 113 

the Managers shall take the oath prescribed by the laws of this ^- P - 1^'^-^- 
State to be admiuistered to Managers of Elections ; which o th they ' ^'"""^ 
are hereby authorized to administer to each other; and they are jg^j^^d!'^'^'^"^ 
further empowered to administer to the voters the oath prescribed 
for that purpose by the laws of this State. 

IV. That in the management of such poll, the Managers shall Sehwiuie fur- 
make a schedule, containing : First. A caption, setting forth the 

time and place such election was held, and the Election Districts 
and the office for which it was held. Second. The namts and places 
of residence of all the voters enrolled by the Managers, and sub- 
scribed by the voters to the oath administered to each ; each voter 
affixing his signature, by his own hand, opposite to his name 
enrolled by the Managers. 

V. That immediately on closing the poll the Managers shall pro- Certificate of 
ceed to count the ballots, and shall subjoin to the schedule above ^ ^°'''»*^'^- 
mentioned a certificate, under their hands, setting forth the facts of 
counting, and the number of votes cast for each individual. And 

the Managers shall thereupon enclose the said schedule and certifi- shall ^fo^'Jfa^rd 
cate, under sealed cover, addressed to the Clerk of the Court of the certificate. 
Judicial District in which such Election District may be situated, 

and endorsed " Election Returns for Election District, for 

office of ," and transmit the same by mail, or by some mes- 
senger to be employed at the expense of the voters ; and if the . 
election shall be for a member of Congress, with the said schedule 
and certificate shall be enveloped the ballots cast. 

■ VI. That the said poll shall be opened on the day fixed for such Time for 

election to be had in the Election District to which it pertains, or opemns poU. 
on any day within twenty days preceding that day, and at such 
hours as the Managers may designate as most convenient. 

VII. That it shall be the duty of the Clerk of the Court by Manasersto 
whom any such election returns may have been received to deliver tunis°Miui de- 
or transmit the same, unopened, to the Managers of Elections for ciare election. 
such Election District, on or before the day on which they may. 
assemble at the Court House, or other place appointed by law for 
declaring such election ; and the Managers so assembled shall pro- 
ceed to aggregate the returns which may be thus received with the 

returns which shall have been made by them from the District pre- 
cincts, and shall declare the election as now provided by law ; and 
if the election be for a member of Congress, shall transmit the 
schedule, certificate and ballots aforementioned, to the office of the 
Secretary of State, along with the ballots cast in the Election 
District. 

VIII. That the Executive authority shall cause to be prepared Executive to 
and sent to the Colonels of the various Regiments of this State fu^'sh blanks, 
engaged in actual service, and the Majors or Captains of independ- 
ent commands in such service, blank forms for the schedules and 
certificates above required, which shall contain the oaths of Mana- 
gers and voters, 

IX. That this Act shall continue of force only during the con- Limitation. 
tinuance of the existing war between the Confederate States and 

the United States, and shall be, and is hereby declared to be, a Aet'and"ordi- 
substitute for the provisions of an Act of the General Assembly of nance. 
this State entitled "An Act to enable volunteers in the military 
Vol. 13—8 



114 STATUTES AT LARGE 

A.D. ]SG3. service to exercise the rights of suffrage," ratified the twenty-first 
"^ ' day of Deceiuber, in the year of our Lord one thousand eight hun- 
dred and sixty-one, and also a substitute for the provisions of an 
Ordinance of the Convention entitled "An Ordinance to enable 
citizen:- of this State who are engaged in military service to exercise 
the rights of suffrage," declared and ordained on the sixth day of 
January, in th^ year of our Lord one thousand eight hundred and 
sixty-two, which said Act and Ordinance are hereby repealed. 

In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and sixty-three, and in 
the eighty-seventh year of the sovereigut3' and independence 
of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



No. 4627. AN ACT to Establish and Re-Charter Certain Roads, 
Bridges and Ferries, and for Other Purposes. 

I. Be it enacted by the Senate and House of Representatives, 
now met anrl sitting in General Assembly, and by the authority of 
the san)e, That M. R. Heronieut, one of the Commissioners of 

Pickens^""*^ '° K,*^^'^^'^ ^br Pickt-us District, shall be, and is hereby, authorized and 
empowered to lay out a new road, as ordered and directed by the 
Board of Commissioners, on the old Bachelor's Retreat Road, by 
commencing said change at Shiloh Cliurch, and intersecting the . 
old road at or near Hopewell Church, over the land of John T. 
Sloan, whenever the said Sloan shall surrender the right of way 
without charge, and when so laid out and put in proper travelirjg 
• condition, the same shall be, and is hereby declared to be, a public 
road. 
■KT ■. p . II. That Nelson Ferry, over the Santee River, be, and is hereby, 

re-established, re-established and opened as a public ferry for and during the space 
of three years, and during the continuance of the existing war 
with the United States, and be vested in William Ransom Davis 
for the said period of time, with the same rates of toll ias were 
allowed to the last proprietor of the said ferry, 
r^^'o V ^,.„ HI. That the terry over the AVaccamaw River, known as Cox's 

re-chartered. Ferry, shall be, and the same is hereby, re-chartered tor and during 
the term of three years and during 'he continuance of the existing 
war with the United Slates, and vested in Mrs. Frances P. Cox, 
her heirs and executors, with the followMng rates of toll : For each 
Rates of toll, foot passenger, five cents; for man and horse, ten cents ; for each 
head of cattle, five cents; for each head of sheep or hogs, three 
cents; for a carriage drawn by one horse, mule or ox, twenty-five 
cents ; if drawn by two horses, mules or oxen, fifty cents; if drawn 
by three horses, mules or oxen, seventy-five cents; if drawn by 
four or more horses, mules or oxen, one dollar; and ibur times 
these rates for long ferriage, which shall be when the flat of said 
ferry lands its passengers at Edraond's Landing. 



OF SOUTH CAROLINA. 115 

IV. That the eighth and ninth Sections of the Act to establish A. D. 1863. 
certain roads, bridges and ferries, passed on the twentieth of De- p7", „''j^XTof 
cember, Anno Domini eighteen hundred and fifty-six, be, and the igsrrepeaied! 
same are hereby, repealed, and that all contracts and agreements 

made by the Commissioners of the Roads for Greenville District, 
under and by virtue of the said clauses in the said Act, with the 
Gap Creek and Middle Saluda Turnpike Company, (commonly 
called the Jones' Gap Turnpike Compan'y,) shall be, and are hereby 
declared to be, null and void, and vacated from the passage of this 
Act, but without prejudice to the legal rights of the said company 
under the said contracts and agreements, if any they have. 

V. That the Commissioners of Roads of St. Bartholomew's Par- ^^^^Euekhead 
ish do take under their charge and control Buckhead Causey, ^^^^^' 

and with the road hands put the same in good traveling order, and 
so keep the same during the year eighteen hundred and sixty-three, 
and report their proceedings, and the condition of the said causey, 
and all the facts connected therewith, and especially as to the lease 
thereof, heretofore made to James Bell, to the next regular session 
of the General Assembly. 

VI. That the Commissioners of Roads for Greenville District do Kew road in 
cause to be laid out a new public road in the " Dark Corner " of 

the said District, from Old.'Gowansville to William Fisher's, and 
the same opened and worked on by the road hands of the pro{)rie- 
tors of the lands over which the said road may be laid out, and the 
same is then hereby established and declared to be a public road : 
Provided, That the said Commissioners shall first approve the 
opening the said new road, and the proprietors of the lands over 
which the said new road may be laid out shall surrender to the 
said Board, by instrument of writing, the right of way over said 
lands for said road free of charge therefor. 

VII. That the Commissioners of Roads for the Upper Division Road di.s- 
of Greenville District be authorized to discontinue a short piece of g;"g'ji'"iiie, ^"^ 
road, of about two miles in distance, running from a point on the 

White Horse Road, cafled Pine Grove, and intersecting the main 
Buncombe Road near the nine mile post, as a public road. 

In the Senate House, the sixth day of Februaay, in the year of . 
our Lord one thousand eight hundred and sixty-three, and 
in the eighty-seventh year of the sovereignty and independ- 
ence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRiCH, Speaker House of Representatives. 



AN ACT TO Incorporate the Edisto and Ashley Canal Com- No. 4628. 

PANY. 

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

rn, 1 .. ■ n "i • 1 u iU Company au- 

sarae, That the formation of a corporate company is hereby author- thorized. 
ized for the construction of a canal between the Edisto and Ashley 




116 STATUTES AT LAKGE 

A. D. 1863. rivers, on the most practicable route, from a place on the former 
below Givham's Ferry to a point on the latter below Bacon's Bridge. 
II. That the stock of the company hereby authorized shall con- 
sist of one thousand shares, of one hundred dollars each share; that 
books for subscription to the stock of said company shall be opened 
in Charleston, Lexington, Barnwell, Orangeburg, and Colleton, by 
three Commissioners in each place, namely : in Charleston by J. B. 
Campbell, T. D. Wagner, and L. D. DeSaussure; in Lexington by 
J. A. Hendricks, F. R. Meetze, John Fox ; in Barnwell by J. T. 
Aldrich, J. J. Maher, and N. G. W. Walker; in Orangeburg by 
L. C. Glover, Henry Ellis, and W. O'Cain ; in Colleton, Daniel S. 
Henderson, J. K. Linder, and D. S. Canaday ; and the books shall 
be opened in each of the said places on the same day, namely : the 
first Monday of March next, and be kept open at each place three 
days, between the hours of nine in the morning and three in the af- 
ternoon; and the time and places of subscribing shall be advertised 
by the said Commissioners, in the several Districts for which they 
are respectively appointed, for at leas*- two weeks prior to the day for 
Vacancy in Opening the books. If any of the Commissioners before named shall, 
fiu^d'^' ^^ '^^ after the passage of this Act, decline to serve, a majority of the 
delegates in the General Assembly for the District in which the 
Commissioner so declining resides, may appoint a fit and proper 
person to supply the vacancy ; and if any one of the Commissioners 
shall not attend at the time of opening the books, the other two 
Commissioners at the place for which he was appointed may choose 
a fit and proper person to supply his place, or may themselves pro- 
ceed to open the books and receive subscriptions. Upon the books 
Subscriptions i^gji^g opened, as aforesaid, individuals may subscribe for so many 
shares as they see fit, paying to the said Commissioners two dollars 
on such share subscribed; and the Commissioners shall designate 
in the books, opposite to the names of the subscribers, the day of 
subscription, the number of shares subscribed, and the sum of money 
paid, respectively ; and for the sums so paid the Commissioners shall 
give receipts to the individuals paying, and, as soon as may be, de- 
posit the money in the Bank of the State of South Carolina, or in 
some branch thereof, subject to the joint check of a majority of the 
Commissioners until the said company is organized, and then sub- 
ject to the check or order of said company. 
Commission- HI. That when the books shall be closed on the last day, the 

ers to make Commissioners at Charleston, Lexington, Barnwell, and Orange- 
list of subscri- , , ,, . ,1 /-I • • • n 11 ^ 1- I !• Ji 
bers. burg, shall transmit to the Commissioners in ColJeton a Jist ot the 

subscribers, designating, us in the subscription books, opposite to 
each name, the day of subscription, the number of shares subscribed, 
and the sum paid, with a certificate, to be signed by one or more of 
the Commissioners, that the money is deposited in the bank, con- 
formal)ly to this Act. And thereupon the Commissioners in Colle- 
ton, from all the lists of subscribers, shall make out one general list, 
and sum up the whole, and ascertain whether the shares subscribed 
are equal in amount to the capital prescribed for the company, or 
o-reater or less. If the number of shares subscribed shall exceed 
one thousand, then the shares shall be reduced ratably to that num- 
ber, except that no subscription of five shares or less shall be re- 
duced. If the number of shares subscribed be less than five huu- 



OF SOUTH CAROLINA. 117 

dred, the Commissioners at Colleton may keep the books open at ^- ^- 1^*53. 
that place until the number of five hundred shares be subscribed, '"" ^ ""^ 
and two dollars paid on each share, as aforesaid: Provided, That 
said Commissioners at Colleton shall not keep open said books of 
subscription for a longer period than four years after the passage of 
this Act. 

IV. That on the subscriptions of shares in the stock of the com- -yyijeQ po^. 
panv to an amount equal to or exceeding five hundred, as aforesaid, pany may or- 
being made, or in case of excess of subscriptions, upon the number ^^'^^^®- 
being reduced to one thousand, in manner aforesaid, the said com- 
pany shall be considered as formed, and this Act of Incorporation 

shall and may attach, and become effectual, and the company may 
take measures for complete organization. For this purpose the Com- 
missioners in Colleton shall appoint a convenient lime and place for 
the meeting of the stockholders, and shall cause the same to be ad- 
vertised in one or more of the gazettes published in Charleston and 
Columbia for four weeks prior to the day of meeting, at which time 
and place the subscribers may attend in person or by proxy : Pro- 
vided, The proxy be a stockholder. The Commissioners at Colle- Ballot for 
ton, or a majority of them attending, shall present a ballot-box, in President and 
which the subscribers may vote for a President and twelve Directors, ''■actors. 
to serve for one year, and until a new election shall be made; and 
the presiding Commissioners, after the first election hereby required 
to be made, shall count the ballots, declare the election, and make 
and deliver proper certificates thereof. 

V. That in the said election, and in all future elections for Presi- Schedule of 
dent and Directors, and in the making, altering, and repealing by- votes. 

laws, and in determining on measures involving the general interest 
of the company, the votes of the stockholders shall be taken and gov- 
erned by the scale and regulations following, to wit : the owner of 
•one or two shares shall be entitled to one vote; the owner of three 
or four shares to two votes, and in the same proportion as far as 
twenty-four shares; and any stockholder who may have subscribed 
for any number of shares beyond twenty-four, and not more than 
fifty, in addition, for the excess, may be entitled to one vote for 
every five shares. 

VI. That the election of President and Directors shall be made Annual eiec- 
annually, according to a by-law to be made for that purpose, and in dent ^an(f'Di- 
case of any vacancy occurring between the times of annual election, rectors. 

a majority of the Board of Directors may elect by ballot, from the 
stockholders, a person to fill the vacancy ; but if it happen that the 
day of annual election of President and Directors should pass with- 
out election being made, as to any or all of them, the corporation 
shall not be dissolved or discontinued thereby, but it shall be lawful 
on any other day to hold and make such election, in such manner 
as shall be prescribed by the by-laws of the corporation. 

VII. That the said company, so organized as aforesaid, shall be gtyie and title 
called " The Edisto and Ashley Canal Company," and have per- of company. 
petual succession of members, may make and have a common seal, 

and alter it at pleasure; may sue and be sued, answer and be an- 
swered onto, by their corporate name aforesaid, in all the Courts of 
law and equity and judicial tribunals of this State; and from time 
to time to make such rules, regulations and by-laws as they shall 



118 STATUTES AT LARGE 

A. D. 1863. think proper for their own government: Provided, The same shall 
"'"'"v-^"' not be repugnant to or inconsistent with any law of this State. 

■ Privileges. VIII. That the Said company shall and may cause a communica- 

tion or inland navigation to be made between the Edistoand Ashley 
Rivers, by means of reservoirs, dams, canals and locks; the canal 
to be cut from the Edisto River, below Givhara's Ferry, to a point 
on the Ashley River below Bacon's Bridge, on such route as may 
be found most practicable, by surveys hereafter to be made; and 
Rates of toll, that the said company shall and may fix and establish, and lie en- 
titled to take and receive, by way of toll, for all goods and' mer- 
chandise carried on and through, and boats and rafts passing on and 
through the said canal, such sums or rates as the said company shall 
think proper to impose, not exceeding at any time ten per cent, per 
annum on the money which they shall have expended in making 
. and keeping in repair said canal ; in order to ascertain which rates 
the books of said company shall always be liable to the inspection 
of the Legislature, and the President and Directors shall submit 
annually, on oath, a written statement of the expenses of keeping 
said canal in repair, and the rates of toll. 
"Water not to IX. That it shall be unlawful for the said company at any time 

irrigatiou! ^°' ^^ permit to be drawn from the Edisto River, through said canal, 
any water for the purpose of irrigation ; and if at any time they 
shall allow any water to be so drawn for such purposes, said com- 
pany may be proceeded against by scire facias, and shall be liable 
to a forfeiture of their charter; that the said company shall at all 
Lock and times keep one lock with gates at the point on the canal where the 

^* ^'^^ swamp land of Edisto River shall adjoin the high land or ridge ; 

■which lock and gates they shall at all times keep in good and suffi- 
cient repair, so as to prevent the possibility of a continual flow of 
■water from the Edisto to the Ashley River, to the detriment of the 
river planters on Pon Pun ; and if at any time said company shall 
neglect to keep in due repair said lock and gates, they shall forfeit 
and pay a penalty not less than one thousand dollars, nor exceeding 
ten thousand dollars, to be recovered by action of debt in any Court 
of competent jurisdiction, the whole of which ]-enalty shall go to 
the prosecutor ; the said company in any case of such default shall 
also be liable to a forfeiture of their charter; and it shall be the 
duty of the Superintendent of Public Works to visit and examine 
said canal and locks annually, and to report to the General Assem- 
bly any violations of the provisions of this Act. 
r^r„r.^r,r, r„o„ X. That tho Said company shall have power to purchase, for them- 

\j0inpdny may , i . i i i i i> i 

purchase land, selves and their successors, such land as may be necessary tor the 
purj)ose aforesaid, and when they and the owners of said lands can- 
not agree for the same, to take the said lands on a valuation to be 
made by a majority of five persons to be appointed by the Court of 
Chancery or Common Pleas to value the same, which laud shall, on 
payment of the sum at which it shall be valued, be vested in the 
said company ; and the said company shall have power and 
authority to use any materials in the vicinity of said canal for open- 
ing and keeping the same in repair, paying a reasonable price there- 
for, which price shall be ascertained in like manner as the value of 
the land which the company may take as aforesaid, in case the com- 
pany and the owners of the land cannot agree about the price there- 



OF SOUTH CAROLINA. 119 

of: Provided, That the company shall not be entitled to take more A.D. ]803. 
land at a valuation than what may be int-losed within two Hues "'^'^ ' 

parallel to the axis of the proposed canal, and at a distance of sixty 
feet on each side of said axis. 

'XL That the shares in the said company may be sold, transferred, stork personal 
assigned or bequeathed by the proprietors, res()ectively ; and in case <^'^t='fe. 
of their dying intestate, shall go as personal estate, acconliugto the 
Statutes of Distributions. 

XII. That if any person or persons shall wilfully and maliciously penalty for 
throw down, break, or destroy any lock, dam, bank, waste-w-jir, cul- injuring or ob- 
vert, wall or any part thereof, belonging to said canal, or throw uai"" '"^ ^^' 
dirt, trees, logs or other rubbish in the way, so as to prejudice the 
navigation and works aforesaid, such person or persons so offending 

shall, for every such offeuce, by conviction on indictment, forfeit and 
pay a fine not exceeding fifty dollars, and be imprisoned not exceed- 
ing three months, at the discretion of the Court before which such 
conviction shall take place, besides being liable to said company in 
a civil action for all damages done to the canal. 

XIII. This Act shall be deemed a pui-lic Act, and continue in Limitation. 
force for the term of thirty years. 

In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and sixty-three, and in 
the eighty-seventh year of the sovereignty and independence 
of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



AN ACT TO Make AprROPRiATioN in Aid of the Families of No, 4629, 

SOLDIEKS, AND TO RePEAL AN AcT ENTITLED " An AcT TO 

Afford Aid to the Familirs of Soldiers," Ratified on 
THE Twenty-First Day of December, in the Year of Our 
Lord One Thousand Eight Hundred and Sixty-One, 

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

the same. That the sum of six hundred thousand dollars, if so Appropriation. 

much be necessary be, and the same is hereby, appropriated from 

the Treasury of this State in aid of the families, resident in this 

State, of the soldiers, sailors and marines who may now be, or shall 

during the present war be, in the army or navy of the Confederate 

States, or in the service of the State of South Carolina, arwi of 

those who have died, been killed, or disabled in the s( rvice of 

either. 

II. That the appropriation thus made shall be divided ratably DivisLon of 
among the several Ekction Districts of this State, in the following appropriation, 
proportion, to wit : Upon the ratio of the white population of the 

several Election Districts, as ascertained by the last census taken 
in this State for the apportionment of representation in the House 
of Representatives, 



120 STATUTES AT LAKGE 

A. D.1SG3. Jii_ That in each Election District there shall be appointed, by 

^^ the General Assembly, upon the nomination of the delegation in 

Board^'^of'^Re- t)oth branches from each Election District, and to be selected from 

lief to be ap- persons not liable to Confederate conscription, and who shall be 

poin e . freeholders, a Soldiers' Board of Relief, to consist of not less than 

three nor more than twelve freeholders in any Election District. 
The said Boards of Relief shall be, and are hereby, authorized to 
fill up all vacancies in their resj)ective Boards, arising fVcm any 
cause, by appointments of said Boards; they shall meet upon the 
call of the Chairman, as well as by their own resolution, and a 
majority of each Board shall constitute a quorum. 
Boards to ap- IV. That the said Boards shall each appoint a person, not liable 

P"'"*^ df*^*^^*^" ^'^ Confederate conscription, and of their own body or otherwise, as. 

u'rer.' they may decide, as Secretary and Treasurer, who shall keep a 

record of all transactions, and be responsible to said Board, and 
give bond, payable to said Board, in such sum, and with such 
sureties, as the said Board may direct, for the faithful perfurmance 
of the duties of his office, and who shall receive as a compensation 
for such services one per cent, on the amounts passing through 
their hands. 
Distribution V. That the said Boards of Relief shall respectively receive 

oflunds. from the Treasurer of the Division in which the Election District 

may be situated, upon the draft of the Chairman, the sum of 
money apportioned to each Election District, in the ratio above ' 
created and ascertained, in the mode hereinafter pr^ovided, and 
shall apply the same in their respective Districts in such manner, 
and in such proportions, as in the discretion of the said Boards 
shall seem best ; and either by pecuniary assistance, or by the 
purchase and distribution of food and clothing, and other neces- 
saries, to the aid and relief of the families of all those who now 
are, or during the present year may be, engaged in the military or 
naval service of the Confederate States, or of this State, and of the 
families of those who have died, or may die, or be killed or disabled 
in either service, and of such persons as are or were dependent 
upon those so in military service ; such dependence to be judged of 
and decided by the said Boards. 
Boards shall VI. That the said Board.^; of Relief shall make returns of their. 

miike returns, receipts and expenditures to the General Assembly at its next 

regular session, and shall be liable to the same penalties for default 

or neglect of duty as the other District Boards are now liable to, 

according to law. 

■ Duties of VII. It shall be the duty of the Comptroller General, and of 

Comptroller (.j^g Treasurers of the Upper and Lower Divisions of this State, to 

iTeneral and '• . • ' ^ n i -c • £• i • » 

Treasurers. meet together Within one week after tlie ratincation of this Act, 
and forthwith to apportion the sum hereinbefore appropriated to 
and among the several Election Districts, upon the ratio herein- 
before created ; and upon the completion of the said apportion- 
ment it shall be the duty of the Comptroller General forthwith to 
communicate with the several Boards of Relief established by this 
Act, and to inf >rm each Board, respectively, of the amount appor- 
tioned to the Election District wherein such Board is ; and it shall 
be the further duty of the Comptroller General to report such 
apportionment to the General Assembly at its next regular session. 



OF SOUTH CAROLINA. 121 

and also to the Spring and Fall Terras of the Courts of Common ^- l>- 18^^ 

Pleas and General Sessions. And it shall be the duty of the '^T'^^^^^^ 

Treasurers of the Upper and Lower Divisions, respectively, accord- payTppVJpria" 

ing to the location of the several Election Districts, to pay, upon tion. 

the drafts of the respective Chairmen of said Boards, the sura of 

money so apportioned to the several Election Districts : Provided, 

That "after one-fourth of the amount allowed to each of the Boards 

of the sum appropriated by this Act is drawn, the balance thereof, 

or so much thereof as may be found to be necessary, shall be paid 

in quarterly payments, after said Boards have severally rendered 

to the Treasurer of the Upper or Lower Division, as the case may 

be, an account of their actings and doings for the preceding three 

months. 

VIIL That an Act entitled an Act to afford aid to the families ^^^ ^^ ^^^ 
of soldiers, ratified on the twenty-first day of December, in the repealed. 
year of our Lord one thousand eight hundred and sixty-one, be, and 
the same is hereby, repealed. 

In the Senate House, the eighteenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-two, 
and in the eighty-seventh year of the sovereignty and inde- 
pendence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



AN ACT TO Amend an Act entitled " An Act to make Ap- No. 4630. 

PROPRIATION IN AlD TO THE FAMILIES OF SOLDIERS, AND TO 

Repeal AN Act entitled 'An Act to Afford Aid to the 
Families of Soldiers,'" Ratified on the Twenty-first day 
OF December, in the Year of our Lord One Thousand 
Eight Hundred and Sixty-one. 



Act of De- 



I. JBe 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 provisions and benefits of an x\ct entitled " An Act cember, 1862 
to make appropriation in aid of the families of soldiers, and to re- amended. 
peal an Act entitled ' An Act to aff >rd aid to the families of 
soldiers,'" ratified on the twenty-first day of December, in the year 
of our Lord one thousand eight hundred and sixty-one, be, and the 
same are hereby, extended so as to include the families, resident in 
this State, of the soldiers, sailors and marines who shall be in the 
army or navy of the Confederate States, or in the service of the 
State of South Carolina, or who shall die, be killed, or disabled in 
the service of either, at any time during the year of our Lord one 
thousand eight hundred and sixty-three, anything in the said Act 
to the contrary notwithstanding; and that the seventh Section of 
the said Act be amended as follows : That upon the organization 
of the respective Boards they shall forthwith report the same to the 



122 STATUTES AT LARGE 

A. D. I8a3. Comptroller General, with the postoffice address of the several of- 
^' ■' ^ ficers of each Board. 

In the Senate House, the sixth day of February, in the 3'ear of 
our Lord one thousand eight hundred and sixty-three, and 
in the eighty-seventh year of the sovereignty and independ- 
ence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



No. 463L AN ACT to Refund to the Soldiers' Board of Relief for 
Barnwell and Laurens Districts, and for Saint Mat- 
thew's AND Christ Church Parishes, Moneys Advanced 
AND Expended by them, as Boards op Relief, out op their 
Private Funds. 

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

met and sitting in General Assembly, and by the authority of the 

Board of Re- Same, Tliat the members of the Siddiers' Board of Relief to be ap- 

lief for Barn- pointed for the present year for Barnwell District be, and they are 

alsessinent!'^ ^ hereby, authorized and required to make an assessment upi)n the 
general State tax of the said District, which shall be sufhcieut to 
raise the sum of two thousand nine hundred and five dollars and 
fifty-seven cents; and that the Tax Collector for said District, when 
furnished with a written order from said Board, do collect and |)ay 
over the said sum to and in relief of the members of the Soldiers' 
Board of Relief for Barnwell District for the year one thousand 
eight hundred and sixty-two, on account of moneys heretofore ad- 
vanced and expended by them. 
A?s3ssmcnt H. That the members of the Soldiers' Board of Relief, to be ap- 

thew'^W^h*" pointed for the present year for St. Matthew's Parish be, and they 
are hereby, authorized and retjuired to make an a^^sessment upon 
the general State tax of the said Parish, which shall be sufficient to 
raise the sum of three hundred and seventy-live dollars, and in- 
terest that may accrue thereon from the time paid out until col- 
lected, and that the Tax Collector for said Parish, when furnished 
with a written order from said Board, do collect and pay over the 
said sum to and in relief of the members of the Soldiers' Board 
of Relief for St. Matthew's Parish for the year eighteen hundred 
and sixty-two, on account of moneys advanced and expended by 
them. 
Assessment HT. That the "Soldiers' Board of Relief" for Laurens District 

Dfstricu*"'^''"* be, and they are hereby, authorized to levy an extraordinary as- 
sessment (m the State taxes of said District, at the next annual col- 
lection, sufficient to reimburse the members of said Board the sum 
of one thousand dollars, expended by them out of their private 
funds for the relief of soldiers' families; and it shall be the duty of 
the Tax Collector to collect said assessment as he is recjuired by law 
to collect other funds levied for the relief of soldiers' families. 



OF SOUTH CAROLINA. 123 

IV. That the "Soldiers' Board of Relief" for Christ Church ^- i^- 
Parish be authorized to levy a tax on the taxable property of said ~^ 

Parish sufficient to raise the sum of two hundred dollars, to re- chiist Church 
iraburse the Commissioners for the last year a sum advanced by Parish. 
them. 

In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and sixty three, and 
in the eighty-seventh year of the sovereignty and independ- 
ence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



AN ACT TO Provide for a Guaranty by tpie State of the No. 4632. 
Bonds of the Confederate States. 

T. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the confederate 
same, That the Governor of the State, for the time being, be, and bomis guaran- 
he is hereby, authorized and directed to endorse the guarantee of 
the State upon the bonds of the Confederate States of America, 
upon the application of the Government of the said Confederate 
States, to an amount equal to the proportionate share of the State 
■ of South Carolina of the sum of two hundred millions of dollars, in 
the ratio of the representation of said State in the House of Rep- 
rentatives of the Confederate Congress, thereby pledging the faith 
and the funds of the State for the payment of the principal of the 
said bonds, and the interest to accrue thereon : Provided, That such 
of the bonds as shall be sold within the Confederate States shall be 
disposed of to the highest bidder: And provided, further, That in 
the sale, whether in this country or abroad, of these bonds, this 
State and the citizens thereof shall have the right to purchase the 
bonds under its guarantee, in preference to all purchasers at equal 
bids. 

Ii, the Senate House, the eighteenth day of December, in the year 
ofour Lord one thousand eight hundred and sixty-two, and in 
the eighty-seventh year of the sovereignty and independence 
of the State of South Carolina. ' 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



124 



STATUTES AT LARGE 



A. D. 1863. 



No. 4633. 



AN ACT TO Provide for a Guaranty by the State of the 
Bonds of the Confederate States. 



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

endorse "bonds" same. That the Governor, for the time being, whenever application 
for such guaranty shall be made to him by the Government of the 
Confederate States of America, be, and he is hereby, authorized 
and directed to endorse the guaranty of the State of South Carolina 
upon the bonds of the Confederate States of America, to be here- 
after issued according to a plan to be adopted by Congress, to the 
amount of thirty-four millions four hundred and eighty-two thou- 
sand seven hundred and fifty-eight dollars sixty-two and two twenty- 
ninth cents, being the proportionate share of the sum of five hun- 
dred millions of dollars, according to the representation of South 
Carolina in the House of Representatives of the Confederate Con- 
gress, the representation of the States of Missouri and Kentucky 
being omitted in the calculation. 

II. That the Act ratified on the eighteenth day of December, in 
the year of our Lord one thousand eight hundred and sixty-two, 
entitled " An Act to provide for the guaranty by the State of the 
bonds of the Confederate States," be, and the same is hereby, re- 
pealed. 

In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and sixty three, and 
in the eighty-seventh year of the sovereignty and independ- 
ence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



Act of De- 
cember, 1862, 
repealed. 



No. 4634. AN ACT to Prohibit Extortion and Punish Extortioners. 

I. Be it enacted by the Senate and House of Representatives, now 
Penalty for met and sitting in General Assembly, and by the authority of the 
;xtortion. game, That from and after the passing of this Act any dealer or 

speculator in clothing, or materials of clothing, boots, shoes, leather, 
brogans, raw hides, meat, grain, flour, fish, coffee, sugar, tea, salt, 
saltj)etre, drugs, medicines, wool, yarn, iron, castings, nails, and 
hardware generally, gold and silver coin, wood, coal, candles, oil, 
lard, soap, cattie, hogs, and other live stock, poultry, sterling ex- 
change, or other necessaries of life whatever, or any manulacturer 
for sale of any of the said articles, who shall, during the continu- 
ance of the existing war, sell or dispose of any of the said articles 
at exorbitant or unreasonable rates or prices, or at an exorbitant 
or unreasonable advance or profit on the cost thereof, or cost of the 
production or manufacture thereof, or shall refuse to sell or dispose 
. of the same for cash, either in specie or in current funds, at fair or 
reasonable rates or prices, or at reasonable advances or profits on 
the cost thereof, or cost of the production or manufacture thereof, 



OF SOUTH CAROLINA. 125 

and all, other persons who shall sell or dispose of any of the said ^- ^- ^^"^3. 
articles at exorbitant or unreasonable rates or prices, or at an 
exorbitant or unreasonable advance or profit on the cost, or cost 
of the production or manufacture thereof, shall be deemed and 
held guilty of extortion, and, on conviction thereof in any of the 
Courts of General Sessions of this State, shall be fined not more 
than one thousand dollars, and be imprisoned not more than twelve 
months; one-lialfof the fine in each case to be for the benefit of 
the informer, and the other half for the benefit of soldiers' and sea- 
men's families, to be paid over to the Soldiers' Board of Relief for 
the District in which the conviction shall take place ; and the in- 
former to be a competent witness, any law, custom or usage to the 
contrary notwithstanding: Provided, That no importer ot toreign from penalty. 
merchandise shall be liable to the penalties of this Act, for sales of 
such merchandise: And provided, farther, That persons bringing 
into this State articles of food from other Slates, and selling the 
same at prices not higher than those charged by producers in this 
State, shall not be liable to the penalties of this Act. 

II. That in all cases arising under this Act, it shall be left to the .Jmies to decide 
juries to determine what are exorbitant or unreasonable rates or "^^^'^^ ^^ ^^^°^' 
prices, or exorbitant or unreasonable advances or profits, due regard 

being had to the circumstances of each case ; and it shall be lawful 
for the Court of Appeals to review the facts of all such cases, and 
to set aside verdicts and order new trials for want of conformity 
thereto. 

III. That no person prosecuted under this Act shall be allowed Proceedings 
any right or privilege of traverse or imparlance, or postponement on tnai. 

of trial, at the first term of the Court in which he shall be indicted, 
unless on affidavit of the necessary absence of a material and ne- 
cessary witness, and no technical or formal exception to any pro- 
cess, indictment, or other pleading shall avail the defendant, but 
each case shall be tried and adjudged according to the merits, with- Penalty for 
out any regard to form : Provided, That any one who shall wilfully fyrmationr '"" 
and maliciously give false information, as the basis of a prosecu- 
tion under this Act, shall be liable to indictment therefor, and shall, 
on conviction thereof, be subject to the penalties of this Act. 

IV. Corporations, by their corporate names, and corporators of ijj^bie''°'^^*^°°^ 
incorporated companies shall be liable to indictment and punish- 
ment for extortion under this Act; and when corporations are in- 
dicted and convicted of extortion, they shall be liable to fine as 
aforesaid, and to forfeiture of charter, at the discretion of the Court. 

In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and sixty-three, and 
in the eighty-seventh year of the sovereignty and independ- 
ence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



126 STATUTES AT LARGE 

A. D. 1863. ^N ACT TO Enforce any Proclamation of the Governor 
^•"•''-r^'^ Prohibiting the Exportation of Provisions. 

No. 4635. 

I. Be it enacted by the Senate and House of Representatives, now 
met and silting in General Assembly, and by the authority of the 
vio^tf(fn*^ ^ot' sanie, That when any proclamation of the Governor prohibiting the 
Governor's exportation of provisions may be of force, if any person exports 
proc ama ion. g^^^j^ provisions Contrary to the true intent and meaning of such 
proclamation, he or she shall be liable to indictment, and, on con- 
viction, shall be fined in an amount not less than twice the market 
value of the article at the time of sentence; nor shall any such 
person on arrest to answer be discharged, unless he or she enter into 
recognizance tor his appearance at the next term of the Court of 
General ^Sessions, with two or more good sureties, in a sum not less 
than twice ihe market value of the article exported. 
Duties of II. That if auy person shall attempt to export, as aforesaid, any 
Magistrates. provisions Contrary to the true intent and meaning of such protlaraa- 
tiou, on information given to any Magistrate of the District in which 
the person so offending may reside, or be taken, as hereinafter pro- 
vided, such Magistrate may issue his warrant, directed to the 
Sheriff, Constable, or any citizen of the said District, authorizing 
the arrest of such person ; and on failure of such person to enter 
intorecognizance, with two or more good sureties, for appearance at the 
next Court of General Sessions appointed for such District, to answer 
to an indictment for sut-h attempt, in not less than double the mar- 
ket value of the articles proposed to be carried beyond the State, 
the Magistrate may commit the party offending to jail, to be held 
to answer the indictment, and, on conviction, to be fined and im- 
prisoned at the discretion of the Court. 
Articles to be HI- ^^ ^^^^ <^'^ proceeding under the second Section of this Act, 
seized. jt shall be the duty of the otficer or person authorized to arrest, to 

seize the articles so attempted to be exported, and deliver them to 
the Sheriff of the District, who shall securely retain the same until 
jp- , J J the indictment is disposed of; and the Judge by whom the ofi'ending 
Soldiers' ' party may be sentenced for violation of any of the provisions of 

Boiuds of Re- ^j^jg ^^^^ gj^j^ij ^j,j^j, j.jjg ^jjg imposed to be paid over to the " Sol- 
diers' Board of Relief" of such District. 
PerisV.aijie IV. That ou affidavit made by any such Sheriff that the articles 
soid*^^^* ^° ^'^ seized are perishable, it may be lawful for any of the Judges of the 
Courts of law to order the sale of such articles for cash at the court 
house on any day after fifteen days' notice, by advertisement in a 
newspaper, if any be published in such District; if not, by written 
notice in three conspicuous places in the same, and on receipt of the 
proceeds of the sale, after retaining the cost of the advertisement 
and five per cent, on such proceeds, the said Sheriff shall pay the 
balance into Court. 
Recovery in V. That in case the said party is, on trial, acquitted, the articles 
Mse of acquit- g^ seized, or the proceeds of the sale, authorized in the fourth Sec- 
tion of this Act, shall, by order of the Court, be delivered over to 
such party, who shall also have a claim against the State for the 
interest on the market value of the said articles from the day they 
may be so seized ; and for compensation in case of a sale having 
been made, for the amount paid out of the proceeds for the adver- 
tisement and per centage allowed the Sheriff! 



OF SOUTH CAROLINA. 127 

VI. That on conviction of the person or persons oiFending against ^- ^- i^'^^- 
the second Section of this Act, the articles seized, in case no sale ^^ '^' ^ 
has been ordered by them, as before provided, shall be sold for cash upo^'^''''conV"il- 
J3y the Sheriff, at such time, place and notice as the Judges passing tion. 
sentence may direct, and, after deducting from the proceeds of such 

sale the costs of the notice, and five per centum for the Sheriff, the 
balance shall be paid to the Clerk, and by him be received on 
account of the fine imposed by the said Judge; and in the event 
of a sale having been made, as provided by the fourth Section of 
this Act, the amount paid iuto Court, as thereby required, shall be 
received on account of the fine imposed. 

VII. That for the purpose of more fully carrying into effect the „ 

r ' 1 u^i • 1 Governor may 

provisions of this Act, the Governor may, whenever he thinks proper, appoint Agents 
appoint one or more persons in each District, whose duty it shall 
be to see that prosecutions are comnvenced against offenders, which 
agents shall be paid out of the contingent fund a compensation by 
him regarded adequate for the services they may render. 

In the Senate House, the tenth day of April, in the year of our 
Lord one thousand eight hundred and sixty- three, and in the 
eighty-seventh year of the sovereignty and independence of 
the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDIUCH, Speaker House of Representatives. 



AN ACT TO Punish Purchasing Under Assumed Authority, No. 4636. 

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 if any person contracts for or purchase*, or attempts to Punishment 
contract for or purchase, any cotton or provisions, pretending loragsumption. 
and professing to be acting for and on behalf of the Confederate 
Government, or of some State, when, in fact, he has no authority 
to act as such agent, he shall be liable to indictment, and, on 
conviction, fined and imprisoned at the discretion of the Court. 

II. That on trials on such indictments, the onus shall be on the ^ Onus on de- 
defendant to prove the authority under which he professed to act 
in so contracting or purchasing or attempting so to do. 



fendant. 



In the Senate House, the tenth day of April, in the year of 
our Lord one thousand eight hundred and sixty-three, and 
in the eighty-seventh year of the sovereiguty and independ- 
ence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



128 STATUTES AT LARGE 

A. D. 1863. ^N ACT TO Abolish the Executive Council Established by 

y ' THE Ordinance of the Convention entitled " An Ordi- 

No. 4637. nance for Strengthening the Executive Department 
During the Exigencies of the Present War." 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
• ^'^5'°'^^^*^^'" same, That the Executive Council established by the Ordinance of 
the Convention entitled " An Ordinance for strengthening the Ex- 
ecutive Department during the exigencies of the present war," 
ratified the seventh day of January, in the year of our Lord one 
thousand eight hundred and sixty-two, be, and the same is hereby, 
abolished. 

In the Senate House, the eighteenth day of December, in the year 
of our Lord one thousand eight hundred and sixty-two, and 
in the eighty-seventh year of the sovereignty and independ- 
ence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



Xo. 4638. AN ACT to Declare the Law in Relation to the Proceed- 
ings of the Executive Council. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
noYegalforce?^ Same, That the several acts, proceedings, resolutions and orders 
of the Executive Council, as contained in the book of records of 
said Council, transmitted by them to the General Assembly, have 
not and shall not have the force and effect of law : Provided, That 
nothing herein contained shall be so construed as to abrogate or 
repudiate any contract or contracts made or entered into with the 
said Executive Council. 

In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and sixty-three, and 
in the eighty-seventh year of the sovereignty and inde- 
pendence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



OF SOUTH CAROLINA. 129 

AN ACT FOR THE Appointment of Commissioners of the ^- ^- is^s. 
Poor for Lancaster District. ^^ '' ' 

No. 4639. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sittinji iu General Assembly, and by the authority of the 
same, That Allen Morrow, Irvin Clinton, and W. B. Nelson, be, eis^aiTp™^"' 
and they are hereby, appointed Commissioners of the Puor for Lan- 
caster District, who, together with Jesse B. Moble.y and Thomas L. 
Clyburn, who have been elected by the people, shall constitute the 
Board of Commissioners of the Poor for said District, until the 
next regular election for members of the General Assembly of this 
State. 

In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and sixty-three, and 
in the eighty-seventh year of the sovereignty and independ- 
ence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



AN ACT TO Continue in Force an Act entitled "An Act No. 4640. 
TO Extend Relief to Debtors, and to Prevent the 
Sacrifice of Property at Public Sales." 

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

game, That an Act entitled " An Act to extend relief to debtors, Act continued 
and to prevent the sacrifice of prop rty at public sales," ratified on i»foice. 
the twenty-first day of December, in the year of our Lord one 
thousand eight hundred and sixty-one, be, and the same is hereby, 
continued of force until the adjournment of the next session of the 
General Assembly of this State. 

II. Atid be it further enacted, That all fines imposed by the Fines of Courts 
Courts of Sessions and Common Pleas of this State be excepted excepted. 
from the operation of said Act ; and that all such fines shall be 

collected as heretofore provided by law. 

III. That the provisions of the said Act shall not extend to Common car- 
common carriers, where they fail in their duties or liabilities as "•^'■*- 
common carriers. 

IV. That the said Act is not intended to interfere with any ^ 
right to sue, or remedy now aftbrded by law for the recovery of 
money lost by gaming. 

V. That the said Act shall not protect from suit or other process Officers not 
any Tax Collector, Sheriflf, Master or Commissioner iu Equity, Or- protected. 
dinary, or Clerk of the Court of Common Pleas and General Ses- 
sions, or their sureties, who has, or may hereafter receive any money 
belonging either to the State, District Boards of Commissioners, or 
individual citizens, and has failed or shall hereafter fail to pay over 

the same on demand being made to do so. 

Vol. 13—9 



130 STATUTES AT LARGE 

A. D.186?.. yi_ That the provisions of the said Act shall not embrace fines 

^"■^~^^'"~' imposed by Courts Martial, or by municipal authority. 

Courts jlartial. 

In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and sixty-three, and 
in the eiorhty-seventh year of the sovereignty and imiepend- 
ence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



No. 4641. AN ACT to Provide for the Appointment of Commission- 
ers OF THE Poor for Darlington District and for Ches- 
terfield District. 



Preamble. 



Whereas at the last general election holden for Darlington Dis- 
trict, there was a failure to elect Commissioners of the Poor for 
said District; for remedy thereof: 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
For Darlington same, That James P. Wilson, Robert Hoggins, E. Augustus Law, 
A. Nelson Stuckey, and Jesse Keith be, and they are hereby, ap- 
pointed Commissioners of the Poor in and for the District of Dar- 
lington ; and that John C. Evans, Thomas W. Robeson, John S. 
Por Chester- Miller, James B. Bell and James Funderburk be, and they are 
® ■ hereby, appointed Commissioners of the Poor in and for the District 

of Chestertield, to continue in office until the next general election; 
and they are hereby invested with all the powers, and subject to all 
the penalties that Commissioners of the Poor by law now are. 

In the Senate House, the sixth day of February, in the 
year of our Lord one thousand eight hundred and sixty-three, 
and in the eighty-seventh year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
A. P. ALDRICH, Speaker House of Representatives. 



No. 4642. AN ACT to Authorize the Bank of the State to Increase 

its Issue of Small Bills. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
Bank may in- same, That the Bank of the State of South Carolina be authorized 
smafiViiia"^ "^ ^^ issue and keep in circulation bills of a denomination of less than 
one dollar, to the extent of five hundred thousand dollars, in addi- 
tion to those now issued: Provided, That the said bills shall be 
made payable in current funds, and be paid out for Confederate and 
other current issues. 



OF SOUTH CAROLINA. 131 

II. That the provisious of this Act shall cease and determine ^- ^- 1863. 
within one year from the date of the ratification of a treaty of peace ^"^yi^^ 
between the Confederate States and the United States of America. Limitation. 

In the Senate House, the sixth day of February, in the year 
of our Lord one thousand eight hundred and sixty-three, 
and in the eighty-seventh year of the sovereignty and inde- 
jDcndeuce of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
A, P. ALDRICH, Speaker House of Representatives. 



AN ACT TO Incorporate with Uniform Rights, Powers and No. 4643. 
Privileges Protestant Episcopal Congregations in South 
Carolina. ^ 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and hy the authority of the 
same. That hereafter, when any male adults, being not less than 

twelve in number, in this State, shall desire to associate themselves become'^a iiociy 
together for the purpose of forming a Church, according to the doc- politic and cor- 
trine, discipline, and worship of the Protestant Episcopal Church 
in this State, they shall be allowed to do so by filing with the Clerk 
of the Court of Common Pleas and General Sessions, for the Dis- 
trict in which the said applicants reside, a written statement of such 
purpose and intention, signed by them, and setting forth the name 
of their Church and the style of their corporation, which state- 
ment shall be recorded in the said Clerk's office, and on receiving 
his certificate thereof, they shall become a body politic and corpo- 
rate, for the purpose aforesaid, and shall be known by the name 
and style desigaated in their said writ en staiement. 

II. That the said corporations shall, by their respective corporate 

names, have succession of officers and members, according to their . Powers and. 
respective bydaws. and shall have power to make all by-laws, rules ^''^' ^^^^' 
and regulations for their government, not repugnant to the laws of 
South Carolina, or the Constitution, canons and other regulations 
of the Protestant Episcopal Church in the same ; to have and to 
keep and use a common seal, and the same alter at will; to sue and 
be sued, plead and be impleaded, in any Court of this State, and to 
have and enjoy every right incident to incorporations. 

III. They shall also be empowered, severally, to retain, possess May hold pro- 
and enjoy all such property, real or personal, as they may pt;rty. 
respectively be possessed of, or in any wise entitled unto, or which 

shall hereafter be given, bequeathed, or in any way acquired by 
them, and to sell, alien, and in any way transfer the same, or any 
part thereof. 

IV. Any congregation of the Protestant Episcopal Cluirch Existing^ 
already incorporated in South Carolina may, on expiration of their churclics may 
charter, or at any time before, if they see proper to surrender their politic. 
charter, become a body politic and corporate, under the provisions of 

this Act, by making known their intentions to do so, according to 
the provisions of the first Section of the same. 



132 STATUTES AT LARGE 

A. D. 1863. Y_ Charters secured or renewed under this Act shall bo 
^'^ v' -^ perpetual, subject, however, to the power of the General Assembly 
pet5aL*"' ^*"" to repeal or alter the same. 

In the Senate House, the sixth day of February, in the year 
of our Lord one thousand eight hundred and sixty-three, 
and in the eighty-seventh year of the sovereignty and inde- 
pendence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Represeutatives. 



K'o. 4644. AN ACT to Reneav and Amend the Charter of the Savedish 
Iron Manufacturing Company of South Carolina, and to 
Change the Name Thereof. 

I. Be it enacted by the Senate and House of Representatives, 
uow met and sitting in General Assembly, and by the authority of 
Charter ex- the same, That the Act incorporating the Swedish Iron Manu- 
facturing Company of South Carolina, passed on the twentieth day 
of December, in the year of our Lord one thousand eight hundred 
and fifty, be, and the same is hereby, continued of force for the 
term of twenty years from and after the twentieth day of Decem- 
ber, in the year of our Lord one thousand eight hundred and sixty- 
four, when their present charter would expire. 

Name changed II. That the name and style of the said company shall be, and 
the same is hereby, changed to the Magnetic Iron Company of 
South Carolina. 

rriviieges and HI. That the Magnetic Iron Company of South Carolina shall 

obligations. jjg entitled to all the property, rights and claims, and be liable for 
all the debts and obligations, of the Swedish Iron Manufacturing 
Company of South Carolina, and shall also possess and enjoy the 
same powers and privileges, and be subject to the same restiictions 
and limitations, as are granted to or imposed upon the aforesaid 
Swedish Iron Manufacturing Company by the Act of Incorpora- 
tion hereinbefore referred to. 
May increase IV. That the said company, under their new name aforesaid, 

capita . shall have power to subdivide their capital stock into shares of the 

value of one hundred dollars each, and may increase their capital 
to any sum not exceeding five hundred thousand dollars. 

In the Senate House, the eighteenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-two, 
and in the eighty-seventh year of the sovereignty and inde- 
pendence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



OF SOUTH CAROLINA. 133 

AN ACT TO Vest in the Confederate Goverment a Part of a.d. 1863. 

THE Columbia Canal, for the Term of Twelve Years. ^^ v ' 

No. 4645. 

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

the satne. That the part of the Cokimbia Canal, together with the . Canal vested 
lauds owned by the State on both sides thereof, from Bull's Sluice stateT ^ ^^^^^ 
to the Columbia Bridge, be vested in the Confederate States of 
America for the terra of twelve years from and after the nineteenth 
day of December, in the year of our Lord one thousand eight 
hundred and sixty-four, for the purpose of erecting suitable build- 
ings and machinery for a powder mill, and continuing such as may 
be then erected, and the free use of the water power for propelling 
the necessary machinery, and with authority to exact and receive 
such tolls according to the rates established by law : Provided, 
That the said Confederate Government shall keep the said canal in jrovernment to 
good boating order, and cause an outlet or wasteway to be at all boating^order.'^ 
times kept open at the low end of said canal, so as to prevent the 
stagnation of water therein : Provided, also, That an}' owner of 
lands or lots on said canal, situated below the point fixed in the 
first part of this Section, shall have all the privileges of using the 
water in said canal as heretofore allowed by law. 

II. That the State reserves the right at anytime to resume its When State 
control over that part of the canal situate between Bull's sluice and J?^ntroP ^ " "^ ^ 
the nearest building thereto which may be erected for the use of 

the powder mill, and to lease the same, or any part thereof, for the 

erection of buildings for manufacturii'g purposes, or to use water 

for any purpose whatever : Provided, The same does not interfere 

with this grant of privilege to the Confederate Government; and if 

the said Confederate Government shall at any time abandon the use ^ 

of said canal and the buildings and machinery erected for the 

purposes aforesaid, for a period of one year, or suffer the water in 

said canal to become stagnant for an unreasonable time, calculated 

to produce sickness, then the rights and benefits hereby conferred 

upon the Confederate Government shall revert to the State. 

In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and sixty-three, and 
in the eighty seventh year of the sovereignty and independ- 
ence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



134 



STATUTES AT LARGE 



A. D. 18r>3. 

No. 4646. 

Corporators. 
Name. 



Capital. 



May hold real 
estate. 



May make by- 
laws. 



When to gro 
into operation. 



Personal 
liability. 



Stock personal 
property. 



AN ACT TO Incorporate the Carolina Cotton and Woolen 

Factory. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That Archibald S. Johnston, William Davidson, William C. 
Courtney, John Ferguson, William Lebby, Theodore D. Wasner, 
George S. Cameron, Donald L. McKay and William B. Heriot, and 
their associates and su(;cessors, are hereby made and created a body 
politic and corporate in law, by the name of the Carolina Cotton 
and Woolen Factory, for the purpose of manufacturing, bleaching, 
dyeing, printing and finishing all goods of which cotton, wool or 
other fibrous articles may form a part, and for procuring all ma- 
chinery used for such purposes, and also for the transaction of such 
business as may be necessarily connected therewith, and may erect 
such mills and other works as may be required to carry on such 
branches of manufacture; and they shall have power to raise, by 
subscription, in shares of one hundred dollars each, a capital of one 
hundred and fifty thousand dollars. 

. II. That the said corporation may purchase and hold such real 
estate as may be required for their purposes, or such as they may 
be obliged or deem it for their interest to take in the settlenjent of 
any debts due the said corporation, and may dispose of the same, 
and may sue and be sne<l in all Courts of law and equity in this 
State; may have and use a coraraoa seal, and make such bylaws 
for their regulation and government as they may deem proper : 
Provided, That such by-laws are not inconsistent with the Constitu- 
tion and laws of the Confederate States and of this State. 

III. That the said corporation shall not go into operation until 
seventy-five thousand dollars of the capital stock shall be paid up 
in the current bank notes of this State or in the current notes of the 
Treasury of the Confederate States, and an oath or affirmation 
thereof shall be made by the President, Treasurer, and a majority 
of the Board of Directors, which shall be recorded in the Secretary 
of State's office, and published in at least two respectable newspa- 
pers in the State, one as near the establishment as circumstances 
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. That the members of the said corporation shall be liable, 
jointly and severally, for all debts and contracts made by such cor- 
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 
pledge of the stock in such corporation or otherwise, shall be con- 
sidered as payment of the capital stock until such note or obliga- 
tion shall have been actually paid. 

V. That the capital stock of said corporation shall be deemed 
personal property, and be transferal)le upon the books of the said 
corporaticm, and no part of the said capital stock shall at any time, 
or u])on any pretence whatever, be loaned to or divided among the 
stockholders, neither shall the capital be withdrawn or divided 
among the stockholders until all the liabilities of the corporation 



OF SOUTH CAROLINA. 135 

are lawfully paid ; and no dividends shall be declared except from ^^^_f;, 
the net earninojs of the corporation. , , i 

VI That each stockholder shall have one vote for each share he ^^^^^ 

may owii or represent at the elecliun of Pirectors, and at all meet- 
ino;s of the corporation. 

VII. That if the proprietor of any share or shares shall neglect p^^^.^^^ , ^^j. 
to pay any instalment assessed thereon, for the space of thirty neglect '\o'' pay 
days after "the time apooioted for the payment thereof, the Irea- iustalments. 
surer of the corporation, by order of the Board of Directors, may 
sell by public auction, a sufficient number of such delinquents 
shares to pay all instalments then due from him, with all necessary 
incidental charges. The Treasurer shall give nonce of the time 
and place of sale, and of the sum due on each share, by adver- 
tisincr the same three weeks successively before the sale in some 
news1)aper which may be published near the vicinity of the estab- 
lishment, and a bill of sale of the shares so sold, made by the 
Treasurer, shall transfer said stock to the purchaser, who shall 
be entitled to a certificate thereof. r. . • » . 

VIII That the persons named in the first Section ot this Act, , 

or a majority of them, may open books of subscription tor the ,j, J;^ ^° " 
capital stock, in such manner as they may deem expedient and. 
whenever such subscriptions shall amount to fifty thousand^ dol- 
lars the stockholders, having had two weeks' notice in wnliug, 
may meet and proceed to elect a Board, consisting of a President 
and six Directors, for conducting the affairs of the corporation 
they to hold office until their successors shall be elected ; and said 
President and Directors, or their successors, shall have power to 
dispose of any remainder of such stock which may not have been 
subscribed for, in such manner and at such times as they may 

deem fit. , . , , . , , , 

IX. That the President and Directors shall submit to the stock- ^Annual state- 
holders annually a written statement, under the oath or affirma- 
tion of the Treasurer of the corporation, setting forth the amount 
of capital stock paid in, and the general assets of the coi[)ora- 
tion, and also the amount of all their existing debts, which 
statement shall be published in a newspaper located nearest the 

''x!'"That the service of any process of any Court of this State ^^^J^J'''''^'^ 
shall be legal and valid on said corporation, if the same shall be 
left at the factory : Provided, The President of the corporation is 
absent from and beyond the limits of the District m which the 
said factory is established. 

XL That this Act shall continue in force for fourteen years ; and Limitation. 
no^part of the capital stock, nor any of the funds of the said corpo- 
ration, shall at any time during the continuance ..f this charter be ^Ba^nkmg pro- 
used or employed, directly or indirectly, in banking operations, or 
for any purpose whatever inconsistent with this Act. 

XII. That the total amount of the debts which the said corpo- -Debts limited, 
ration shall at any time owe shall not exceed the amount of their 
capital stock actually paid in ; and in case of excess, the President 
and Directors under whose admiuistrarioa it shall happen sin 1! be 
jointly and severally liable, in their natural capacities. The Pres- 
ident or any of tlie Directors who may have been absent whea 



13G STAIUTES AT LARGE 

A. D. 186S. such excess was created, may respectively exonerate themselves 
^ ^^ from being so liable, by forthwith ji;iving notice of the fact to the 

stockholders at a general meeting, which they shall have power to 

call for that purpose. 

In the Senate House, the eighteenth clay of December, in the 
year of our Lord one thous^and eight hundred and sixty-two, 
an I in the eighty-seventh year of the sovereignty and inde- 
pendence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



No. 4647. AN ACT to Grant the Aid of thk State to the Cheraw and 

("OAL Fields Railkoad 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 

Terms of giant. '^'^"^^' Tliat whenever satisfactory proof is produced to the Comp- 
troller General that three hundred and twenty thousand dollars are 
duly sul^cribed, by responsible persons or corporate bodies, to the cap- 
ital stock of the Cheraw and Coal Fields Railroad Company, and that 
said company has been duly organized, he is hereby authorized to 
subscribe, on the part of the State, three hundred and twenty 
thousand dollars to the capital sloi-k of the said company, to be 
paid in the stock held by the State in the Northeastern Railroad 
Company and the Cheraw a!)d Darlington Railroad Company, at 
the par value thereof. And that he take, in the name of the State, 
a certificate from the said ccunpany for the stock so subscribed ; 
and the said Cheraw and Coal Fields Railroad Company shall 
receive the stock given by the State in payment at par, and with- 
out any recourse whatever against the State. 
Stock, how IL That the stock shall be paid in the manner, and subject to 

tious, &e!^°"' '' the terms and conditions, hereinafter expressed, to wit: Whenever 
satisfactory proof shall be produced to the ('omptroller General that 
the sum of one hundred thousand dollars shall have been expended 
in the construction of said road he shall transfer and deliver to said 
company so much of the stock in the Northeastern Railroad Com- 
pany as shall itmount, at its par value, to one hundred thousanfi dol- 
lars. And when similar proof shall be produced to the Comptroller 
General that one hundred thousand dollars more shall have 
been expended, as aforesaifl, he shall transfer and deliver one hun- 
dred thousand dollars in the stock of the Cheraw and Darlington 
Railroad Company, taken at its par value; and when, in like man- 
ner, one hundred and twenty thousand dollars more shall have been 
expended, and the proof furnished in the manner as aforesaid, then 
the Com[)troller General shall transfer and deliver to said company 
the whole remainder of the stock of the Northeastern Railroad 
Company, amounting at par to one hundred and twenty thousand 
dollars. 



OF SOUTH CAROLINA. 137 

III. That the State shall in no way whatever be liable for the A. D. 1863. 
debts and contracts of the said Railroad Company, nor be subject ""^ ^^""^ 
to any assessment on the shares held in its capital stock. " "^"^ '*•* ® 

In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and sixty-three, and 
in the eighty seventh year of the sovereignty and independ- 
ence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDKICH, Speaker House of Representatives. 



AN ACT TO Charter the Shelby and Broad River Rail- No. 4648. 
ROAD Company. 

Whereas it is highly necessary, for the full development of tha Preamble, 
iron resources of this State, that mineral coal should be introduced 
from the nearest mines in North Carolina: 

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

same. That for the purpose of establishing communication by rail- Compnny in- 
road between the States of North Carolina and South Carolina, corpomted. 
from Shelby, in the County of Cleveland, in the former State, to 
such points on the Spartanburg and Union Railroad, the King's 
Mountain Railroad, or the Charlotte and South Carolina Railroad, 
as may be agreed on by the stockholders, the formation of a cor- 
porate company is hereby authorized, to be called " The Shelby and 
Broad River Railroad Company ;" which company, when formed in 
compliance with the coiiditii)n,s herein prescribed, shall have cor- 
porate existence as a body politic. 

II. That the capital stock of said company shall be five hundred Capital stock. 
thousand dollars, in five thousand shares of one hundred dollars 

each ; and for the purpose of raising the same, the Comptroller 
General is authorized, on the application of any person interested 
in the constructiviu of said railroad, to require the opening of books 
of subscription at such places, and at such times, and by such per- 
sons, as he may, by publication, appoint; upon which subscription 
there shall be paid, at the time of subscribing, the fum of five dol- 
lars on each share subscribed ; which payment may be made in 
notes of any of the banks of No-th or South Carolina, in treasury 
notes, or in any currency of the Confederate States ; and in default 
of such payment, the subscription of the person so in default shall 
be void. 

in. That when satisfactory evidence shall be furnished to the Organization. 
Comptroller General that fifty thousand dollars of the capital stock 
of said company has been subscribed, he shall, by publication, con- 
vene a meeting of the subscribers for the organization of the com- 
pany, at such time and place as may, in his judgment, suit the con- 
venience of the subscribers; at which meeting, and at every annual 
meeting thereafter, there shall be elected a Board of seven Direct- 



138 STATUTES AT LARGE 

A. D. 1863. org, three of whom, at least, shall be citizens of this State, and three, 
"^ at least, citizens of the State of North Carolina. 

Privileges IV. That the Company, when so organized, shall be, and they are 
and liabilities, hereby, declared a body politic and corporate bv the name and style 
of " The Shelby and Broad River Railroad Company," and by that 
name shall be capable, in law and equity, of purchasing, holding, sell- 
ing, leasing and conveying estates, real, personal and mixed, and ac- 
quiring the same by gift or devise, so far as may l)e necessary for 
the purposes embraced within the scope and object of their charter; 
shall have succession of officers and members ; by their corporate 
name may sue and be sued, plead and be impleaded, in any Court 
of law or equity ; may have and use a common seal ; may make all 
such by-laws, rules and regulations as shall be deemed necessary for 
the well ordering and conducting the affairs of the company, not in- 
consistent with the laws of this State or of the Confederate States. 
Company to V. That the Said company are hereby authorized to construct a 
railroad from such points on either the Spartanburg and. Union 
Railroad, the King's Mountain Railroad, or the Charlotte and 
South Carolina Railroad, as the stockholders of the company hereby 
incorporated may select, towards and unto the North Carolina line, 
on the route that may be fixed l)y the company, leading to the Wil- 
mington and Rutherford Railroad, in North Carolina, at or near 
the village of Shelby, in the said State; and that, f)r the jjurposes 
aforesaid, all the rights, powers and privileges conferred on the 
Charlotte and South Carolina Railroad Company by an Act en- 
titled " An Act to charter the Charlotte and South Carolina Rail- 
road Company," ratified the eighteenth day of December, in the 
year of our Lord one thousand eight hundred and forty-six, are 
hereby conferred on the said Shelby and Broad River Railroad 
Company, subject to the same conditions aad restrictions, except 
so far as the special provisions of this Act may require the same 
to be mortified or varied. 

Limitation. VI. That this Act shall be deemed a public Act, and shall con- 
tinue of force for the term of ninety-nine years. 

In the Senate House, the eighteenth day of December, in the year 
of our Lord one thousand eight hundred and sixty-two, and 
in the eighty-seventh year of the sovereignty and independence 
of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDKICH, Speaker House of Representatives. 



No. 4649. AN ACT to Incorporate the Wando, "NVambaw and Winyah 

Canal Company. 

I. Be it enacted by the Senate an<l House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
Name ami same, That the persons who shall subscribe in the manner hereinaf- 
styie. tgr provided, and their successors, shall be a bixly politic and cor- 

porate, by the name and style of " the Wando, Wambaw and 



OF SOUTH CAROLINA. 139 

Winyah Canal Company," and by the name and style aforesaid A. D.186?.. 
shall and may sue and be sued, plead and be impleaded; and the ^ 

said company shall have authority to make such rules and regula- i-egulationV^" 
tious, and appoint such officers and agents for the government and 
'management of their affairs as they may think proper : Provided, 
Such rules and regulations shall not be repugnant to or inconsistent 
with any law of force in this State. 

II. The said company shall have power and authority to cause a May make 
communication or inland navigation by a canal or canals, with or 

without locks, to be made through such places as to them shall seem 
most fit and convenient, from Wando River to Wambaw Creek, and 
also from the South branch of Santee River to the North branch of 
the same, and from the said North branch, or any creek communi- 
cating therewith, to Winyah Bay; and they and their successors Rates of toll, 
forever shall and may fix and establish, and may be entitled to take 
and receive, by way of toll, for all goods and merchandise carried 
on or through, and boats, vessels and rafts passing on or through 
the said canals, such sums or rates as the said company shall think 
proper to impose ; and the said company, or their jagpnts, may stop 
any goods, vessels, boats or rafts from passing on the said canals 
until payment of the said toll. 

III. The said company shall have power to purchase, for them- May purchase 
selves and their successors forever, such lands as may be necessary 

for the purpose aforesaid ; and where they and the owners of the 

said lands cannot agree upon the price, to take the said lands at a 

valuation to be made by a majority of five persons, to be appointed 

by the Court of Common Pleas; which land shall, on payment of 

the sums at which it shall be valued, be vested in the said company 

forever: Provided, hoivever. That the parties shall have the same Parties may 

right of appeal from such valuation as is provided in similar cases ^ ^"^ 

by the charter of the South Carolina Railroad Company, and the 

charters of the other railroad companies in this State ; and the said 

company shall also have authority to collect and res'-rve water for 

the use of the said canals and locks, making satisfaction for the 

damages done thereby ; the said damages to be ascertained in the 

manner above directed with respect to the value of land. 

IV. The shares in the capital stock of the said company shall be .''^^o^k exempt 

, „ ' , .'.-'. ., trom taxation, 

exempted from any rate, tax, duty, assessment .or imposition, until &c. 
the profits and dividends of said company shall reach ten per cent.; 
and the said shares shall be deemed personal estate, and may be 
sold, transferred, assigned, bequeathed and transmitted as such. 

V. If any person shall wilfully or maliciously cut, break down, Penalty for 
damage or destroy any bank or other work to be erected or made caiiaL^^*' 
for the purpose of the said navigation, such person shall be liable 

to prosecution by indictment therefor, and upon conviction, shall be 
punished by fine and imprisonment, at the discretion of the Court : 
Provided, That the fine shall not exceed two thousand dollars, nor Offenders lia- 
the imprisonment two years. And if any person shall do any of "'^ ^^' 

the acts aforesaid, or shall throw earth, trees, logs or other rubbish 
into the said canals, so as to obstruct or injure the same, such per- 
sons shall be liable to the said company in a civil action for the 
damages occasioned thereby. 



ages. 



140 STATUTES AT LARGE 

A. D. m& Yl. The said company shall have power and authority to use any 
''""■'''• materials in the vicinity of the said canals for making^ the same or 

tak™ma'terkis^ •^he Said locks, or keeping the same in repair, paying a reasonable 
price for the same, which price shall be ascertained in like manner 
as the value of the land which the company may take, as aforesaid, 
in case they and the owners of the said land cannot agree about the 
price thereof. 
Commisisi oners VII. \Villiam Lucas, Gabriel Manigault. Stephen D. Doar, Ben- 
appointed, j^j^i,^ p Collum, William St. J. Mazyck, William C. Bee, Alexan- 
der Robertson, James G. Henuing, Sextus T. Gaillard, James R. 
Sparkman and Andrew Husell, are hereby appointed Commission- 
ers for receiving subscriptions to the capital stock of the said com- 
pany ; they, or any of them, are authorized to receive such subscrip- 
tions, at such times, at such place and places as they may appoint, 
giving due notice thereof. No subscription shall be received for any 
less sum than fifty dollars. Whenever the sura of thirty thousand 
When com- dollars shall have been subscribed, and five per centum of the amount 
ganize?"^ °'"' subscribed paid in, the rights and powers hereby conferred shall be 
vested in the subscribers, and the Commissioners shall give notice 
of a meeting of the same, for the purp(/se of organizing the com- 
pany. The said company may afterwards receive such further sub- 
scriptions as they may deem necessary. 
Public Act. VIII. This Act shall be deemed aud taken to be a public Act, 
and judicially taken notice of as such without special pleading. 

In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and sixty-three, and in 
the eighty-seventh year of the sovereignty and independence 
of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



l^o. 4650. AN ACT to Charter the Palmetto Exporting and Import- 
ing Company. 

I. Be it enacted by the Senate and House of Representatives, 
r, , now met and sitting in General Assembly, and by the authority of 
powers, .kc. ' the same. That H. L. P. McCormick, C. T. Mitchell, J. R. Dukes, 
L. C. Clifford, Z. B. Cakes, and their associates and successors, be, 
and tht^y are hereby, made a body corporate and politic in law, by 
the name of "The Palmetto Exporting and Importing Comi)any;" 
and the said company shall have power to export produce from this 
State to neutral ports, and import into this State from neutral ports 
arms, munitions of war, and other commodities, and also to bring 
and carry nuiils and passengers in their vessels. 
Capital. II. The capital stock of said company shall be two hundred and 

fifty thousand dollars, with the privilege of increasing the same to • 
one million of dollars: Provided, Such increase shall be agreed to 
by a majority in number of its stockholders. 



OF SOUTH CAROLINA. 



141 



III. The capital stock shall be raised by subsciption, in shares of 
one thousand dollars each; but the said company shall not go into 
operation until the said stock, to the amount of at least two hun- 
dred thousand dollars, has been paid in cash, and an oath or af- 
firmation thereof shall have been made and subscribed by the Presi- 
dent of the company, the Treasurer and majority of the Board of 
Directors, which shall be lodged and recorded in the office of the 
Secretary of State, and be published in two newspapers of the city 
of Charleston. 

IV. The affiiirs of the company shall be managed by a Board, 
consisting of a President and four Directors, who shall be elected in 
such manner and for such periods as the stockholders may pre- 
scribe. 

V. The said capital stock shall be deemed personal estate, and 
the company may hold such personal property as may be necessary 
for the purposes of their business, and may, from time to time, sell 
and transfer the same, or any part thereof. 

VI. The said company may, by its corporate name, be plaintiff 
or defendant in any Court of law or equity in this State, and may 
have and use a common seal, and may make such by-laws and regu- 
lations for their government as they shall see fit, with full power to 
enforce the due observance thereof upon their members: Provided, 
Said laws ai"e not inconsistent with the Constitution and laws of this 
State or of the Confederate States. 

VII. No part of the capital stock shall at any time be withdrawn 
by or divided among the stockholders until all the debts and liabili- 
ties of the said corpoation shall have been fully paid off and dis- 
charged. 



A. D. 1863. 



How cnpital to 
be raised. 



Board of Di- 
rectors. 



Personal pro- 
perty. 



By-laws, &e. 



Dividends. 



In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and sixty-three, and in 
the eighty-seventh year of the sovereignty and independence 
of the State of South Carolina. 

W. D. PORTER. President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



AN ACT TO In^corporate the Importing and Exporting No. 
Company of South Carolina. 



4651. 



I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That William C. Bee, J. Clough Farrar, Benjamin Mordecai, Corporators. 
E. L. Kerrison, Otis Mills, William Ravenel, D.'H. Silcox, and 
their associates and successors, be, and they are hereby, made a 
body politic and corporate in law, by the name of "The Importing 
and ExportingCompauy of South Carolina;" and the said company 
shall have power to export produce from this State to neutral ports. Powers. 
and import into this State from neutral ports arms, munitions of 
war, and other commodites, and also to bring and carry mails and 
passengers in their vessels. 



Name. 



142 



STATUTES AT LARGE 




When to com- 
mence opera- 
tions. 



Board of Di- 
rectors. 



Personal pro- 
perty. 



May make 
by-laws, tte. 



Debts paid 
before divi- 
dends. 



II. The capital stock of the said company shall be two huudred 
and fifty thousand d'^llars, with the privilege of increasing the same 
to one million dollars: Provided, Such increase shall be agreed to 
by a majority in number of the stockholders. 

III. The capital stock shall be raised by subscription in shares 
of one thousand dollars each ; but the company shall not go into 
operation until the said stock to the amount of at least two huu- 
dred thousand dollars has been paid in cash, and an oath or af- 
firmation thereof shall have been made and subscribed by the 
President of the company, the Treasurer, and a majority of the 
Board of Directors, which shall be lodged and recorded in the 
office of the Secretary of State, and be published in two newspapers 
of the city of Cliarleston. 

IV. The attairs of the company shall be managed by a Board, 
consisting of a President and four Directors, who shall be elected 
in such manner and for such periods as the stockholders may pre- 
scribe. 

V. The said capital stock shall be deemed personal estate, and 
the company may hold such personal property as may be necessary 
for the purposes of their business, and may from time to time sell 
and transfer the same or any part thereof. 

VI. The said company may, by its corporate name, be plaintiff 
or defendant in any Court of law or equity in this State, and may 
have and use a common seal, and make such by-laws and regula- 
tions for their government as they shall see fit, with full power 
to enforce the due observance thereof upon their members: Pro- 
vided, Slid laws are not incons s^eut with the Constitution and 
laws of this State and the Confederate States. 

VII. No part of the capital stock shall at any time be with- 
drawn by a dividend among the stockholders, until all the debts 
and liabilities of the corporation shall have been fully paid off 
and discharged. 



In the Senate House, the eighteenth day of December, iu the 
year of our Lord one thousand eight hundred and sixty- 
two, and in the eighty-seventh year of the sovereignty and 
independence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRiCH, Speaker House of Representatives. 



Ko. 4652. AN ACT to Charter the Atlantic Steam Packet Company 

OF THE Confederate States. 

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

Corporators. Same, That William H. Gilliland, Hugh R. Banks, James Hope, 
Daniel F. Fleming, and their associates and successors, be, and the 
same are hereby, made a body corporate and politic in law, by the 
name of the Atlantic Steam Packet Company of the Confederate 

Powers. States ; and the said company shall have power to import into this 



OF SOUTH CAROLINA. 143 

State, or any other of the Confederate States, arms, munitions of ^- ^- '■'"^3. 
war, and other commodities, and also to export produce and other '"" ^ 
commodities from ttiis State, or from any other of the Confederate 
States, and also to bring and carry mails and passengers in their 
vessels, and to do such acts or things as are necessary fully to 
carry out these objects. 

II. The capital stock of said company shall be five hundred Capital, 
thousand dollars, with the privilege of increasing it to any amount 

not exceeding two million dollars, provided such increase shall be 
agreed to by a majority of the stockholders. 

III. The capital stock shall be raised by subscription, in shares How stock to 
of one thousand dollars each, but the said company shall not go 

into operation until the said stock, to the amount of at least five 
hundred thousand dollars, has been paid in cash, and an oath or 
.affirmation thereof shall have been made and subscribed by the 
President of the company, the Treasurer, and majority of the 
Board of Directors, which shall be lodged and recorded in the 
office of the Secretary of State, and be published in two newspa- 
pers of the city of Charleston, South Carolina. 

IV. The affairs of the company shall be managed by a Board, Board of Di- 

• . r. T-> • 1 , 1 • T-\- J. I i_ 11 u 1 ^ J rectors elected. 

consisting of a President and six Directors, who shall be elected 
in such manner, and for such periods, as the stockholders may 
prescribe; and the said President and Directors shall adopt 
such rules and regulations as they may deem expedient, not incon- 
sistent with the laws of this State or of the Confederate States. 

V. The said stock shall be deemed personal estate, and the Stock person- 

, , . , , \ , ' al property. 

company may hold such personal property as may be necessary 
for the purposes of their business, and may, from time to time, 
sell and transfer the same, or any part thereof. 

VI. The company may, by its corporate name, be plaintiff'or May make 
defendant in any Court of law or equity in this State, and may ^y-ia^s, &c. 
have and use a common seal, and may make such by-laws and 
regulations for their government as they shall see fit, with full 

power to enforce their due observance upon their members : Pro- 
vided, Said laws are not inconsistent with the Constitution and laws 
of this State or of the Confederate States. 

VII. No part of the capital stock shall at anytime be withdrawn Debts paid 
by or divided among the stockholders until all the debts and liabili- dend. 

ties of the said corporation shall have been folly paid off" and dis- 
charged. 

VIII. That the corporators named in this Act be authorized to AVhen Com- 
call the subscribeis together at such time, after the passage thereof, """"*" "■">"- 
as may be most convenient, by public advertisement in Charleston, 
Augusta, and Columbia, for the purpose of organizing the said 
company hereby incorporated, and electing the President and Di- 
rectors herein provided for. 

In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and sixty-three, and 
in the eighty-seventh year of the sovereignty and indepen- 
dence of the State of South Cdrolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



pany to organ- 
ize. 



144 STATUTES AT LARGE 

A. D. 1863. AX ACT TO Authorize the Issue of Stock for the Purpose 

'""^■^■^^ OF Continuing the Construction of the New State House. 

No. 4653. 

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

met and sitting in General Assembly, and by the authority of the 

. Governor to game. That His Excellency the Governor be, and he is hereby, au- 
issue stock. , . 1 1 -1 ■ • ,1 f- 1 M 1 ". 1 

thonzed and required to issue, in the name oi the btate, stock, to be 
countersigned by the Comptroller General, for the amount of twenty- 
five thousand dollars, bearing interest at the rate of six per cent, 
per annum, payable semi-annually, at the Treasury of the ^^tate, and 
redeemable thereat on the first day of July, which wiil be in the 
year of our Lord one thousand eight hundred and ninety. 
Faith of State II. That the faith of the State is hereby pledged for the punctual 

pledged. payment of the interest on said stock, and for the redemption of the 

principal of the same when it shall become due. 
Stock, how III. That the said stock, when issued, shall be placed in the 

disposed of. Treasury, to the credit of the fund for erecting the New State 
House, subject to the order of the acting Commissioner, Superin- 
tendent and Architect, John R. Niernsee, to be used by him in con- 
tinuing the construction of the New State House. 
Former ap- IV, That it shall be the duty of the agent of the State to de- 

dTrpoJTi of posit in the Treasury, to the credit of the fund for erecting the New 

Commissioner, y^a^y House, the unexpended balance of the stock heretofore ap- 
propriated, amounting to one hundred and one thousand and eighty- 
eight dollars and thirty-eight cents, subject to the order of John R. 
Niernsee, acting Commissioner, Superintendent and Architect, to be 
drawn and applied by him to the construction of the Ne\v State 
House. 

In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and sixty-three, and 
in the eighty-seventh year of the sovereignty and indej^end- 
ence of the State of South Carolina. 

WM. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



creased. 



No. 4654. AN ACT to Increase the Fees of Sheriffs for Dieting 

Persons Confined in Jail. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
Changes in- game, That the Sheriffs shall hereafter be entitled to charge and 
receive, for dieting white persons confined in jail, sixty cents per 
day each, and for dieting slaves or free persons of color, forty cents 
per day each. 

In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight' hundred and sixty-three, and 
in the eighty-seventh year of the sovereignty and independ- 
ence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



OF SOUTH CAROLINA. 145 

AN ACT TO Confer the Rights of Legitimacy o^- Mary E, -^- 1>- is^s. 

Daniel. ^- — v^-' 

No. 4655. 
I. Be it enacted hj the Senate and House of Representatives, now- 
met and sitting in General Assembly, and by the authority of the Ri^rhts of le- 
same. That Mary E. Daniel, daughter of William B. Daniel, of printed.'' ''^' 
York District, begotten upon the body of Elizabeth White, which 
said William B. Daniel and Elizabeth White have since intermar- 
ried, be, and is hereby, invested with all the rights and privileges 
of a legitimate child, and authorized and entitled to take and hold 
real and personal estate, under the Statutes for distribution of in- 
testates' estates, or as legatee and devisee of her said parents, in the 
same manner and to the same extent as if she had been born in 
lawful wedlock. 

In the Senate House, the sixth day of February, in the year 
of our Lord one thousand eight hundred and sixty-three, 
and in the eighty-seventh year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
A. P. ALDRICH, Speaker House of Representatives. 



AN ACT to Amend an Act entitled "An Act to Authorize No. 4656. 
THE City Council of Charleston to Issue and Put in Cir- 
culation Notes Receivable in Taxes or Dues to the City," 
Ratified the Taventy-First Day of December, in the 
Year of our Lord One Thousand Eight Hundred and 
Sixty-One. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That the first Section of an Act entitled "An Act to author- Act of 18(51 
ize the City Council of Charleston to issue and put in circulation '"'^i'*''^^*^'^- 
notes receivable in taxes or dues to the city," ratified the twenty- 
first day of December, in the year of our Lord one thousand eight 
hundred and sixty-one, be, and the same is hereby, altered and 
amended so as to authorize the redeaiption of the said notes by the 
Mayor of the city in the treasury notes of the Confederate States, 
as well as in the notes of the several banks of this State. ' ^ 

In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and "sixty-three, and 
in the eighty-seventh year of the sovereignty and independ- 
ence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
A. P. ALDRICH, Speaker House of Representatives. 

Vol. 13—10 



146 STATUTES AT LARGE 

A. D. 180)3. AN ACT TO Extend Some of the Provisions of an Act enti- 

"*— ^^^ ^ tled "An Act in Reference to the Suspension of Specie 

No. 4657. Payments by the Banks of this State, and for other 

Purposes," to the First Day of January, in the Year of 

our Lord One Thousand Eight Hundred and Sixty-Four. 

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 provisions of the three first Sections of an Act 

islfi'txLudedf entitled " An Act in reference to the suspension of specie payments 
by the banks of this State, and for other purposes," passed on the 
twenty-first day of December, in the year of our Lord one thousand 
eight hundred and sixty-one, and which by said Act are operative 
until the first day of January, in the year of our Lord one thou- 
sand eight hundred and sixty-three, be, and the same are hereby, 
extended to the first day of January, in the year of our Lord one 
thousand eight hundred and sixty-four; and that the provisions of 
Part of Act of ^^^ three last Sections of the said Act, which by the said Act are 

18(51 limited. not limited in their operation, be, and the same are hereby, in like 
manner limited in their operation to the first (hiy of January, in 
the year of our Lord one thousand eight hundred and sixty-four. 

In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and sixty-three, and 
in the eighty-seventh year of the sovereignty and independ- 
ence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
A. P. ALDRICH, Speaker House of Representatives. 



No. 4658. AN ACT to Vest the Title of the State in Certain Es- 
cheated Property' in Rose Ann Carnighan. 

I. Be it enacted by the Senate and House of Representatives, 
now M). t and sitting in General Assembly, and by the authority of 
in il-.^e^^Ann the same. That all the right, title and i.nterest of the State in that 
Carnighan. portion of the real estate of Richard McElleran, deceased, containing 
one acre, more or less, in the city of Columbia, butting and bound- 
ing east on Richardson street, west and south on laud now or late 
of Maria P. Cross, and north on Devine street, being one-fourth of 
a square of land, purchased by William T. Cross, deceased, from 
the Commissioner of the State of South Carolina for the sale of 
public lots in the city of Columbia, be, and the same is hereby, 
vested in Rose Ann Carnighan, her heirs and assigns, forever. 

In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and sixty-three, and 
in the eighty-seventh year of the sovereignty and independ- 
ence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



e s 



OF SOUTH CAROLINA. 147 

AN ACT TO Authorize the Banks of this State to Pur- a. d. 1803. 

CHASE Confederate and State Securities. ^ " ^ 

No. 4659. 
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, it shall and may May pur- 

be lawful for the banks of this State to purchase the bonds and ^ha^^e gConfed- 
stock issued by the Confederate Government, or by any of the stock. 
States of the Confederate States of America, and that all such 
purchases as may have already been made by any of the said banks 
are hereby sanctioned and allowed. 

In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and sixty-three, and 
in the eighty-seventh year of the sovereignty and independ- 
ence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



property. 



AN ACT TO Enable the Charleston Savings Institution to No. 4G60. 
Purchase and Hold Real Property. 

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 Charleston Savings Institution shall be, and the May hold real 
said corporation is hereby, authorized to purchase and hold real 
estate within the Parishes of St. Philip's and St. Michael's to an 
amount not exceedmg sixty thousand dollars ; and the same to 
alien, from time to time, as shall be deemed expedient. 

In the Senate House, the eighteenth day of December, in the 
year of our Lord one thousand eight hundred and sixty -two, 
and in the eighty seventh year of the sovereignty and inde- 
pendence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



AN ACT TO Continue of Force an Act entitled " An Act No. 4661. 
to Authorize Certain Building and Loan Associations to 
Suspend the Call for Monthly Instalments." 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That an Act entitled "An Act to authorize certain Building Act of 1861 
and Loan Associations to suspend the call for monthly instalments," extended. 
ratified the twenty-first day of December, in the year of our Lord one 
thousand eight hundred and sixty-one, be, and the same is hereby, 



148 STATUTES AT LARGE 

A. D. 1863. continued of force until the first day of January, in the year of our 
^"•^"^r^"^ Lord one thousand eight hundred and sixty-four. 

In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and sixty-three, and 
in the eighty-seventh year of the sovereignty and independ- 
ence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



No. 4662. AN ACT to Amend the Charter of the Bank or Charles- 
ton, 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 

Bankmny satne. That from and after the passing of this Act it shall and may 

purchase bonds |^ lawful for the Bank of Charleston, South Carolina, to purchase 

and stocks. . iii/-^pi r^ u 

the bonds and stocks issued by the Contederate Governnaent, or by 
any of the States of the Confederate States of America. 

In the Senate House, the sixth day of February, in the year of 
our Lord one thousand eight hundred and sixty-three, and 
in the eighty-seventh year of the sovereignty and independ- 
ence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



No. 4663. AN ACT to Provide for Volunteer Companies of Mounted 
Infantry, and for other Purposes. 

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

Governor to the same, That the Governor be, and he is hereby, authorized toac- 
teer'^Myuntrd cept as many Volunteer Companies of Mounted Infantry as may 
Infantry. j^g offered, to consist of not less than sixty-four nor more than one 

hundred men, exclusive of commissioned officers, who shall be or- 
ganized by him into Battalions or Regiments by the election of field 
officers, ifthe nunjber of said companies be sufficient for that pur- 
pose; and said companies shall be called out at the discretion of tlie 
Governor, to suppress insurrections or to rejx"! actual or threatened 
raids of the enemy within this State, and shall be discharged from 
actual service whenever, in his judgment, the actual necessity for 
such service has ceased. 

II. That for the purpose of suppressing insurrections and ropell- 
in<'- raids, the Governor be, and he is hereby, authorized to enroll all 

Who to be white male persons in this State between the ages of eighteen and 
accepted. forty-five years, including all persons who have furnished substitutes 



STATUTES AT LARGE 149 

in Confederate service, resident aliens, and other persons who have A. D. 1863. 
avoided Confederate conscription by reason of any civil employ- ''"^v-^-^ 
ment, contract or engagement, and excluding all who have been de- excluded'*''^*' 
clared exempt from actual military service beyond the limits of the 
Districts in which they reside, by the Act of the General Assem- 
bly entitled *'An Act for the better organization of the Militia, 
and for other purposes," passed the sixth of February, eighteen 
hundred and sixty-three, and also excluding such as have volun- 
teered or may volunteer in the companies of Mounted Infantry pro- 
vided for by the first Section of this Act; and for the purpose of Governor to 
making said enrollment, the Governor is hereby authorized to ap- appoint Enroll- 

• , 1^ ,1. y-\fr' • 1 X T • 1 T-."' • • , • r^ ' ing ofhcers and 

point one Enrolling Ofhcer in each Judicial District in this State, Surgeons. 
and as many Surgeons as may be necessary, to examine persons 
claiming exemption from service on the ground of physical dis- Militia officers 
ability, and the Militia officers shall report lists of such persons as sons^iuibie.^'^'^" 
are liable to be enrolled as aforesaid, whenever required. 

III. That the effective men so enrolled shall be organized into Organisation 
Companies, Battalions, and as many Regiments of Infantry as they ^^en. ^*^*^'^'^'^® 
are sufficient to constitute, and be placed at the disposal of the 
Governor for the purposes aforesaid, and be kept in the field so long 

as he may deem the same to be necessary for the public safety; the Election or 
company and field officers to be ejected by the men, at such times FieTd Officers'^^ 
and places and in such manner as the Governor may direct; and on 
a failure to elect said officers when ordered, they shall be appointed 
by the Governor. 

IV. That the Governor be also authorized, from the persons en- Organization 
rolled under the second Section of this Act, to organize one or more of Artillery, 
companies of artillery, to be used for the purposes provided for by 

the third Section of this Act. 

V. That nothing herein contained shall be construed so as to pre- Powers con- 
vent the Governor from exercising the powers conferred upon him [fo Pernor"" n'?)t 
by the eighth Section of the Act of the General Assembly entitled to be impro- 
"Au Act for the better organization of the Militia, and "for other stmed, &c.'^^'^" 
purposes," passed the sixth day of February, eighteen hundred and 
sixty-three, or from carrying into execution any of the provisions of 

said Act which are consistent with the provisions of this Act. 

VI. That all persons liable to perform Military service under the Defaulters- 
provisions of this Act, and who shall make default when summoned ^[7 pn^isli- 
into such service, shall he subject to the pains and [)enalties provided 

for by the eleventh Section of the Act of the General Assembly 
entitled " An Act for the better organization of the Militia, and for 
other purposes," passed the sixth of February, eighteen hundred 
and sixty-lhree, to be imposed by a court martial, appointed by the 
Governor and Commander in-Chief 

VII. That the troops called into service by the provisions of this Troopssubject 
Act shall, whilst in actual service, be subject to the Articles of wan''''^'''^ "^ 
War and Army Regulations of the Confederate States of America, 

and shall receive the same pay and allowance as Confederate troops , Pay ^^^ al- 

fi 1 •II* ^ lOWtlQCG 

the same class are entitled to receive. 

VIII. For the purpose of equipping and supplying said troops, ^ ^^ riation 
while in actual service, the sum of five hundred thousand dollars for equYpping 
be, and the same is hereby, appropriated, from any moneys in the tro'^ps!'^'^'^*°^ 
Treasury not otherwise appropriated, to be drawn by the Governor. 



150 STATUTES AT LARGE 

A. D. isrA IX. That such persons and employees in each paper mill and 

^■""^>^'^~' newspaper or printing establish ruent, and iron manufactories, as the 

Exemptions Adjutant and Inspector General, with the approval of the Gover- 

from service, nor, may see fit to exempt from time to time from military service, 

be exempted. 

In the Senate House, the thirtieth day of September, in the year 
of our Lord one thousand eight hundred and sixty-three, 
and in the eighty eighth year of the sovereignty and independ- 
ence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



No. 4664. AN ACT to Provide for the Election of Members of the 
Congress of the Confederate States of America from 
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 

State dividecl same, That the State be, and hereby is, divided into six Districts, 

sfonai l)Tst"ricts f^r the purpose of electing Representatives from this State to the 
Congress of the Confederate t'tates of America, of which the united 
Districts of Lancaster, Chesterfield, Marlboro', Darlington, Marion, 
Williamsburg, Horry and Georgetown shall constitute one District, 

First District, to be designated the First Congres^ional District; the District of 
Charleston, exclusive of the Parish of St. John's Colleton, shall 

Second District Constitute one District, to be designated the Second Congressional 
District; the united Districts of Beaufort, Barnwell, Orangeburg, 
Colleten, and the Parish of St. John's Colleton, shall constitute one 

Third District. D[gtri(.t^ to be designated the Third Congressional District ; the 
united Districts of Lexington, Edgefield, Newberry, Laurens and 

Fourth District 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, 

rifth District, to be designated the Fifth Congressional District; the united Dis- 
tricts of York, Chester, Fairfield. Richland, Kershaw, Clarendon 

Sixth District, and Sumter, shall constitute one J)istrict, to be designated the .Sixth 
Congressioiuil District ; and each of the said Districts, so consti- 

One Represen- tuted, shall send one R'ipresentative to the House of Representa- 

Di'st^rict" ^'^'^^ ^^'^'^^ ^^ ^^® Confederate States of iVmerica, who shall be chosen by 
the persons qualified to vote for members of the House of Repre- 
sentatives of this State. 
Elections, H. That the election of Representatives from this State to the 

what "places next Congress shall be held on the first Tuesday after the third 

^eid. Mondav in October next, at the same places, and be conducted by 

the same Managers, and in the same manner, as the election of 
members of the State Legislature; and the person who shall have 
the greatest number of votes in the several Districts thus consti- 
tuted shall be the member for that District to the House of Repre- 
sentatives in the next Congress of the Confederate States of America 
from this State. 



OF SOUTH CAROLINA. 151 

III. That the election of members of the House of Representa- A- ^- 1863- 
tives of the Confederate States of America from this State, after the *■— ^s^— ' 
next election, shall be held biennially, on the first Tuesday after enuialiy°"'" ^^' 
the third Monday in October, and conducted by the same Managers 

and in the same manner as the election of members of the Stale 
Legislature, and the person having the greatest number of votes in 
any Congressional District, at any of the said elections, shall be the 
Representative of that District in the Congress of the Confederate 
States of America. 

IV. That the votes, when returned to Columbia by the Managers, DutyofMan- 
(and it shall be their duty to return the same,) shall be counted by agers. 

His Excellency the Governor, and Commissioners whom he may call ^ 
to his assistance, on the first Monday of December after each elec- counted ' and 
lion, or as soon thereafter as practicable, and, by proclamation, he 'i°""'i"ced. 
shall announce the persons elected, as by law formerly provided. 

V. That when, during the existing war between the Confederate 

States of America and the United States, some or all of the places Elections in 
of voting in any Election District of this State shall be occupied Districts occu- 
or threatened by the enemy, so that, in the opinion of the Executive enemy, &c. ^^ 
authority of the State, elections cannot be conducted therein with 
composure, it shall be competent for the Executive authority, by 
proclamation, to give notice of any election at which the voters of 
any of the said Election Districts would, in a condition of peace, be 
entitled to vote, and by the said proclamation, which shall be pub- 
lished at least a fortnight before the day fixed for any of the said 
elections, to direct in what neighboring Election District the voters 
may vote at the election, and at what places therein, and how and 
by whom the election shall be conducted, and how and when and 
where the result of the election shall be ascertained and declared ; 
and elections held under the provisions of such proclamation shall 
be as valid and effectual as if they had been regularly had in the 
Election Districts so occupied or threatened by the enemy as afore- 
said. 

In the Senate House, the thirtieth day of September, in the year 
of our Lord one thousand eight hundred and sixty-three, and 
in the eighty-eighth year of the sovereignty and independence 
of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



AN ACT TO Amend an Act entitled " An Act to Amend No. 4G65. 
AN Act to Organize and Supply Negro Labor for Coast 
Defense, in Compliance with Requisitions of the Govern- 
ment of the Confederate States, and to Authorize and 
Direct the Governor to Prjceed to Furnish Negro 
Labor Under said Act." 

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



152 STATUTES AT LARGE 

A. D. 1863. of the same, That so much of an Act entitled " An Act to or- 

""^""^^""^ ganize and supply negro labor for coast defense, in compliance 

ncHecror^ IV- ^^'^'^ requisitions of the Government of the Confederate States," 

hisiil to send and of the Act amending said Act, passed on the sixth day of 

saves. February, one thousand eight hundred and sixty-three, as fixes 

the fines and penalties in cases of neglect and refusal to send 

slaves according to the requirements of said Acts, be, and the sa;ne 

is hereby, repealed, so far as may apply to any future defaults; 

and it is hereby enacted that such neglect or refusal to send a 

slave or slaves, according to the requirements of said Act, shall 

be deemed a misdemeanor, punishable by indictment in the Court 

of General Sessions, and, upon conviction thereof, the owner or 

employer shall be fined in the sum of two hundred dollars for each 

slave which he or she has so neglected or refused to ssnd. 

II. That it shall be the duty of the Commissioners of Roads, 
erF"ot™Ro!u^ ^"*^ *^^ Corporate authorities of citics, towns and villages, to make 
and other cor- return. Under oath, of all future defaulters under the Acts afure- 
t^ies?*to "0*111711 s^aid, to some Magistrate in the District in which default shall be 
defaulters. made, and such Magistf-ate, uj^on such return, is hereby required 

to i«sue his warrant or warrants against such defaulters as for 
misdemeanor. 

III. That whenever a requisition shall be made on any Disfrict, 
of^jVoTpersous Parish, city or incorporated town or village, by the State Agent, 
of color. for a supply of slave labor, under the provisions of the Act afore- 
said, it shall be the duty of the Commissioners of Roads of said 
District or Parish, or corporate authorities of such city, town 'r 
village, to impress and forward, under such requisition, all able 
bodied male free persons of color, who are between the ag.es of 
sixteen and fifty years, who shall be required to labor for the same 
term as the slaves sent from such District, Parish, city, incorporated 
town or village, and be entitled to receive the same compensation 

Proportion of allowed for the services of such slaves: Provided, That it shall be 
Jo'lor^TbTsc- the duty of the Commissioners of Roads in each District and Parish, 
leeted by lot. and the corporate authorities of tach city, town or village, to select, 
by lot, the same proportion of laborers from this class as may be 
ordered in the assessment of slave labor, and that those selected to 
perform this duty shall not again be selected until the call has been 
made on all free negroes in their .section : And provided, aho. That 
Substitutes, ^j^g privilege of furnishing an able bodied substitute shall be ex- 
tended to all such free negroes. 
Suits firainst ^^- ^bat the Commissioners of Roads, in their respective Dis- 
defaulters. tricts and Parishes, and the corporate authorities of cities, towns 
and villages, shall, at the ensuing Fall Terms of the Courts of 
Common Pleas, or as soon thereafter as practicable, bring suits 
against all defaulters for not sending their road hands to work on 
the defenses near Charleston, as called for by the State Agent, in 
pursuance of the Acts (d" Assembly on that subject, to recover the 
fines prescribed by said statutes, and shall not be estopped there- 
from by reason of any provision contained in the Act of Assembly, 
entitled "An Act to continue in force an Act to extend relief to 
debtors, and to prevent the sacrifice of property at public sales," 
passed the sixth day of February, one thousand eight hundred and 
sixty-three, nor by the provisions of this Act. 



OF SOUTH CAROLINA. 153 

V. That the negro labor herein provided for shall be liable for ^- ^- 1863. 
the construction of military defenses in any other portion of the ""^ v^-^ 
State that may be threatened by the enemy. 

In the Senate House, the thirtieth day of September, in the year 
of our Lord one thousand eight hundred and sixty three, 
and in theeisjhty-eighth year of the sovereignty and independ- 
ence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



AN ACT TO Prevent Desertion from Confederate or State j^q 4666 
Military Service, and Evasion of Conscription. 

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 upon the lodging of information, on oath, with the Sheriff Arrest of de- 
of any District in this State, (or, in his absence, with the Deputy ^^''^ers- 
Sheriff/, that any deserter from Confederate or State military ser- 
vice, or evader of conscription or draft for service within this State, 
'is within the limits of such District, it shall be the duty of such 
Sheriff (or, in his absence, the Deputy Sheriff,) to arrest such de- 
serter or evader of conscription, so reported to him ; and for that 
purpose, if necessary, to summon to his aid the posse comitatus ; and 
to hold the person so arrested in safe custody until delivered to the 
Enrolling Officer of the District, or other person authorized to re- 
ceive him. 

II. That if any Sheriff, or Deputy Sheriff, shall refuse or wilfully sheriffs indict- 
neglect to arrest any person so reported to him as a deserter or •'*''<'.*}"■ "'-'^i®*'* 
evader of conscription or draft for service within this State, he shall 

be liable to indictment as for neglect of duty ; and, upon convic- 
tion, shall be fined in the discretion of the Court, not exceeding one 
thousand dollars for each and every offense. 

HI. That it shall be unlawful for any person to advise, encour- Pen.aity for 
age, procure or entice a soldier to desert from the service of the '"'.■'^'"^ or abet- 
State, or of the Confederate States, or a conscript to evade his mill- '"^ ^^^"^ '°"' 
tary obligation, or to harbor or conceal, or aid in harboring or con- 
cealing, any such deserter or evader of conscription. And if any 
person shall advise, encourage, procure or entice any soldier to de- 
sert from the service of the State or of the Confederate States, or a 
conscript or a person liable to conscription to evade his military 
obligation, or shall harbor or conceal, or aid in harboring or con- 
cealing, any such deserter or evader of conscription, knowing him 
to be such, or shall refuse to deliver up such deserter or evader of 
conscription to the Sheriff, or to any person authorized by the State 
or Confederate military authority to efl^ect his arrest, such person, 
so offending, shall be liable to indictment as for a high misdemeanor, 
and, upon conviction, shall be fined not exceeding five hundred dol- 



154 STATUTES AT LARGE 

A. D. 1863. jj^rg^ and be imprisoned not exceeding one year, in any jail in the 
State where the imprisonment of the person so convicted shall be 
ordered by the Court. 

In the Senate House, the thirtieth day of September, in the 
year of our Lord one thousand eight hundred and sixty- 
three, and in the eighty-eighth year of the sovereignty and in- 
dependence of the State of South Carolina. 

W. D. PORTER. President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



No. 4667. AN ACT to Raise Supplies for the Year Commencing in 
October, One Tuousakd Eight Hundred and Sixty- 
Three. 

I. Beit enided by the Senate and Houseof Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, Tlat a tax f )r the sums, and in the manner hereinafter men- 
tioned, shall be raised and paid into the Treasury of this State, for 
the use and service thereof, that is to say: Two dollars and ninety- 
three cents ad valorem on every hundred dollars of the value of all 
Lands. lands granted in this State, according tothe existing classification, as . 
heretofore established; two dollars and eighty-four cents per head on 
all slaves: Provided, That all lands or slaves in this State, now in 
possession or under the control of the enemy, and such other lands or 
Slaves. slaves as may be taken by the enemy before the return of the said 
property to the Tax Collector, and also such other lands as shall have 
been abandoned by the owners in consequence of the action of the 
military authorities, shall be exempt by the provisions of this Act; 
six dollars and seventy-five cents on each free negro, mulatto, or 
mestizo, between the ages of fifteen and fifty years, except such as 
shall clearly be proved to the satisfaction of the Collector to be inca- 
pable, from wounds or otherwise, of procuring a livelihood, and ex- 
cept those who now are, or have at any time been, in the service of the 
army of this State or of the Confederate States, in the existing war; 
eighty-eight cents ad valorem on every hundred dollars of the value of 
Lots, lands and all lots, lands, and buildings within any city, town, village, or borough 
buildings. Qf jj^i^ State: Provided, That the tax on lands and buildings in the 

city of Charleston be assessed on the value of the lands only, where 
the buildings and improvements on the land have been destroyed 
by the late conflagration : And provided, further. That no tax shall 
be levied on lot.«, lands and buildings within any city, town, village, 
or borough in this State which have passed into the possession or 
under the control of the enemy, or which may pass into the posses- 
sion or under the control of the enemy before returns are made to 
Factornprc, cm- the Tax Collectors ; four dollars per hundred dollars on factorage, 
ILeultk"^*'' ami employments, faculties and professions, including the profession of 
professions. dentistry, and including herein Clerks of Courts of Common Pleas 
and General Sessions, Sheriffs, blasters and Commissioners in 
Equity, Registers in Equity, Registers of Mesne Conveyance, Or- 



OF SOUTH CAROLINA. 155 

dinaries and Coroners, whether, in the profession and employ- ^- ^- i'"'^- 
ment of law or equity, the profits to be derived from the costs of ^-— v— — ' 
suit, fees, or other sources of professional income, except c]er.tjy- 
men, school masters, school mistresses, and mechanics; four dollars 
on every hundred dollars on the amount of commissions received Commissions. 
by vendue masters and commission merchants ; one dollar and 
sixty cents per hundred dollars on the caf)ifal stock paid in on Bank stock. 
the first of October, one thousand eight hundred and sixty-three, 
of all banks which for their present charters have not paid a bonus 
to the State, which said bank tax the stockholder, when he or she 
resides within the State, shall have the right to pay to the Tax 
Collector of the District or Parish where such stockholder resides, 
by paying the same on or before the first day of June next, and 
forwarding a duplicate receipt of such payment to the President 
of such bank ; and in case any stockholder resides without the 
State, the tax on the stock of such stockholder shall be paid to the 
Tax Collector of the District or Parish where the bank is located ; 
three dollars and twenty cents per hundred dollars on the capital 
stock of any bank of issue not incorporated by this State, paid in 
on the first day of October, one thousand eight hundred and sixty- 
three, doing business by agents within the limits of this State; one 
dollar and sixty cents per hundred dollars on the capital stock of 
all incorporated gas light companies; one dollar and sixty cents Gas light, im- 
per hundred dollars on the capital stock of all incorporated ira- po[.[iIj|; 1^1 
porting and exporting companies ; also, all incorporated and unin- p'css and in- 

•^ '^ ^ 1 ^ '^ • . .' ,1 . sura nee com- 

corporated express companies; six per centum on all premiums panics, 
taken in this State by incorporated insurance companies, and by 
the agencies in this State acting in behalf of insurance companies 
and underwriters without the limits of this State; eighty-eight cents 
oh every hundred dollars of the amount of sales of goods, wares Goods, wn res 
and merchandise, embracing all articles of trade for sale, barter or Jj"gg_ ^^^^ ^^' 
exchange, (the products of this State and the unmanufactured pro- 
ducts of any of the States of the Confederate States excepted,) 
which any person shall have made from the first day of January, 
in the year of our Lord one thousand eight hundred and sixty- 
three, to the first day of January, in the year of our Lord one 
thousand eight hundred and sixty-four, either on his, her, or their 
capital, or borrowed capital, or on account of any person or persons 
as agent, attorney, or consignee ; three dollars and sixty cents upon 
every hundred dollars of the amount of sales of goods, wares and 
merchandise whatever, which any transient person not resident in ^ 

xi • CI. X 1 11 1 • 1 i 11 11- 1 II Transient mer-. 

this btate shall make in any house, stall, or public place, Avhether chandise, 
the said sale be made by sample or otherwise; forty dollars a day 
on all circus exhibitions ; twenty dollars per day for representing Exhibitions, 
publicly for gain and reward any play, comedy, tragedy, interlude, 
or farce, or other employment of the stage, or any part therein, or 
for exhibiting wax figures, or other shows of any kind whatever, to 
be paid into the hands of the Clerks of the Courts respectively, 
who shall be bound to pay the same into the Treasuries of the 
State of South Carolina, except in cases where the same is now 
required by law to be paid to corporations or otherwise; four- 
tenths of one per cent, on all moneys loaned, moneys at interest. Moneys inves- 
all moneys invested in the stocks or bonds of any individual. State, ted. 
or corporation, other than bonds or stocks of this State or of the 



156 STATUTES AT LARGE 

A. D. 1863. Confederate States, and other than the stocks of the banks and 

^■~^^'"~' railroad companies of this State; six dollars for every hundred 

Commercial dollars of gross receipts of all commercial agencies within the limits 

agencies. of this State; firty-two cents on every pack of playing cards sold 

^Cards and bil|- in this State ; sixty dollars upo.i every billiard table within this 

State, used to and for the purpose of raising a revenue therefrom ; 

Salaries. fom' dollars on the hundred dollars of all salaries, including public 

officers, except officers of the army and navy, and on all wages, 

from whatever source derived, except wages of five hundred dollars 

or less per annum. 

Taxes, to whom II. All taxes levied on property, as prescribed in the first Section 

payable. pf ^j^jg ^^,^^ gj^^jj j^g ^^^^ ^^ ^^^ '^^^ Collector for the tax district 

in which said property is located : Provided, That where neijroes 
have been removed from any District or Parish, by reason of 
the dangers arising from the invasion or occupation thereof 
by the enemy, it shall be lawful to pay the taxes upon the 
same to the Tax Collectors of the Districts or Parishes from 
which said negroes W'ere removed. That all taxes levied on 
property in this State, during the continuance of the war be- 
tween the Confederate and the United States of America, may 
be paid in Confederate notes or other current funds. The com- 

Commissionsof missions to be received by the various Tax Collectors of this State. 

Tax Collectors, f^j. ^j^g y^r^j. commencing on the first day of October, one thousand 
eight hundred and sixty-three, shall be at the rate of thirty per 
centum of the commissions now allowed them by law, except such 
Districts and Parishes as pay an amount less than eight hundred 
dollars to the Collector. 

III. The Tax Collectors in the several Districts and Parishes in 
this State, in their returns hereafter to be made, are hereby required 

Police taxes, and enjoined to state the precise amounts of taxes collected by them 
returns of. f,^j. gLipporiing the police of the said several Districts and Parishes 
aforesaid, stating the rates per centum on the amounts of the State 
tax collected for said District and Parish police purposes, and the 
total amount of commissions received by each and every of such 
Tax Collectors, and the rate per centum of his commissions; and 
the Comptroller General shall return the same in his report. 

IV. Free negroes, mulattoes and mestizoes are hereby required to 
Returns of free make their returns and pay their taxes during the month of April ; 
negroes. ^^^^ ^j^^ rp^^ Collector of St. Philip's and St. Michael's is allowed 

until the month of June to receive the taxes of white persons. 
Sullivan's la-^ V. The lots and houses on Sullivan's Island shall be treed from 
land exempted taxation during the existing war between the Confederate and the 
United States of America, the same being used by the troops of the 
Confederate States, or by the works for defence. 
Time of coiicc- VI. That the Tax Collectors be authorized to extend the time for 
ex en e . ^^^ receipt, and also for the payment of taxes, and also for the 
payment thereof into the Treasury of this State, for a period of 
thirty days beyond the periods therefor, hitherto allowed by law. 
In the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-three, 
and in the eighty-eighth year of the sovereignty and independ- 
ence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDKICH, Speaker House of Representatives. 



OF SOUTH CAROLINA. 157 

AN ACT TO Make Appropriations for the Year Commencing ^- '^- i^^s. 
TN October, One Thousand Eight Hundred and Sixty- ^~~^^-~^ 
Three. No. 4668. 

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, appro- 
priated for the payment of the various officers and expenses of the Executive de- 
State Government, that is to say: In the Executive Department: ^'" ^^^" ' 
For the salary of tde Governor, three thousand five hundred dol- 
lars ; for the Private Secretary of the Governor, fifteen hundred 

dollars; for the rent of the Governor's house, in Columbia, twelve 
hundred dollars; for the Messenger of the Governor, two hundred 
and fifty dollars ; for the Contingent Fund of the Executive De- 
partment, ten thousand dollars, to be subject to the draft of the 
Governor, and to be accounted for, annually, by him to the Legis- 
lature. 

II. In the Legislative Department: For the pay of the members Legislative de- 
of the Legislature, and the Attorney General and the Solicitors, partment. 
during the present session, and of the Committees appointed to 

inspect the Bank of the State and its branches, twenty-five thousand 
dollars, if so much be necessary; for the salaries of the Clerks of 
the Senate and House of Representatives, twenty-four hundred 
dollars ; and to the said Clerks for the services of two Assistant 
Clerks, two hundred and fifty dollars for the Clerk of the Senate, 
and two hundred and fifty dollars for the Clerk of the House ; for 
the salaries of two Messengers and two Doorkeepers, each two 
hundred and fifty dollars; for C. M. Gray, Doorkeeper of the House 
of Representatives, fifty dollars, being the additional pay allowed 
him by resolution for his services ; for additional pay to the Door- 
keeper of the Senate, J. D. Gaillard, fifty dollars, allowed him by 
resolution for his services, 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 hun- 
dred and fifty dollars; for J. C. Kennedy, Reading Clerk of 
the Senate, fifty dollars additional pay, as agreed to by resolution ; 
for extra services of the Messenger of the Senate, and for extra ser- 
vices of the Messenger of the House; each fifty dollars, to be paid 
at the end of the session ; for the services of the Engrossing Clerks, 
to be paid under the direction of the President of the Senate and 
of the Speaker of the House of Representatives, six hundred 
dollars; for the Printers of the Senate and House of Representa- 
tives, in pursuance of the contracts made by the Committees of both 
Houses, fourteen thousand dollars, if so much be necessary, for the 
printing executed by the said Printers during the present session of 
the Legislature, the same to be paid to them as soon as the amounts 
of said contracts shall be ascertained by the Treasurer of the Up- 
per Division ; for the Printer, for printing in pamphlet form the 
Acts and Journals of both Houses, Reports and Resolutions agreed 
to, the Governor's Messages, Reports of the President of the Bank 
and Comptroller General, with the accompanying documents, 
thirteen thousand dollars, if so much be necessary : Provided, The , 



partment. 



158 STATUTES AT LARGE 

A. D. 1863. number of copies specified in the proposals of the Printers, as ac- 
cepted by the Legislature, shall be printed and deposited in the of- 
fice of the Treasury of the Upper Division before the 20th of April 
next, and the amount to be paid according to the proposals, which 
shall be ascertained by the Treasurer aforesaid : And, further pro- 
vided, That the printer of Acts and Journals do publish, in his 
newspaper, at Columbia, all the public Acis which may be passed 
at the present session, within twenty days after the adjournment of 
the Legislature, and forward, by mail, to each membi^r of the Gen- 
eral Assembly, each of the Judges, Attorney General, and each of 
the Solicitors, a copy of such newspaper, as .'^oon as such newspaper 
is issued ; to Charles P. Pelham, pi inter of the Permanent Work, 
to pay him the balance due for public printing, eight thousand dol- 
lars, if so ruuch be necessary ; four hundred and fifty dollars, if so 
much be necesary, for the printing of the Senate, at the extra ses- 
sion ; to the Keeper of the Stale House, for contingent expenses 
during the prt-seut session of the Legislature, twelve hundred dol- 
lars, if so much be necessary, to be accounted for by him at the 
Treasury, and reported by the Treasurer to the General Assembly ; 
for stationery, fuel, distributing Acts, and expenses for election re- 
turns, seven thousand dollars, if so much be necessary. 

Judiciary de- HI. lu the Judiciary Department : For the salary of the Chief 
Justice, three thousand five hundred dollars; for the salaries of the 
Judges and Chancellors, three thousand dollars each ; for the salary 
of the Attorney General, eleven hundred dollars ; for the salaries 
of five Solicitors, nine hundred dollars each ; for the Clerk of the 
Court of Appeals, in Columbia, six hundred dollars ; for the salary 
of the Messenger of the said Court, at Columbia, two hundred dol- 
lars : Provided, It shall be the duty of the said Messenger to sum- 
mon 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 dol- 
lars, the same to include the expenses of fuel for the Court of Ap- 
peals and lor the Library ; for the salary of the Clerk of the Court 
of Appeals, in Charleston, six hundred dollars ; for the salary of 
the Messenger of the said Court, two hundred dollars; for the 
salary of the Librarian of the Court of Appeals, in Charles on, 
two hundred dollars, to include the expense of fuel for the Court of 
Appeals and for the Library ; -for the salary of the State Reporter, 
fifteen hundred dollars ; and the several appropriations aforesaid, 
for the Clerks, Librarians, Messengers, Reporter, and for the in- 
cidental expenses of the Court of Appeals, shall be paid by the 
Treasurer, only upon warrant to be drawn by the presiding Judge 
of the Court of Appeals, at such times and for such portions as 
they may deem just and proper; and it shall be the duty of the 
said Reporter to attend in person, or by deputy, the sittings of the 
Courts of Appeals and Errors, in Columbia and Charleston, and to 
report such arguments and statements of facts as may be necessary 
tea correct understanding of the decisions of the said Courts: 
Provided, That the Judges of the Court of Appeals may, if they 
think proper, announce the results of their decisions at certain 
stated periods before filing their opinions: And, further provided, 
That the said Reporter shall publish in one or more of the news- 



OF SOUTH CAROLINA. 159 

papers at Columbia, an abstract of the principles decided by the ^- ^- '^^^'^• 
Court of Appeals iu its opinions, as soon as practicable after the ^""'v^-^ 
delivery of the same ; for the pay of the Jurors and Constables, 
ten thousand dollars, if so much be necessary, the certificates to be 
paid at either Treasury. 

IV. In the Treasury Department: For the salary of the Corap- Treasury de- 
troller General, two thousand dollars ; for the salary of the Clerk of partment. 
the Comptroller General, one thousand dollars, the said Clerk to be 
appointed and removed at the pleasure of the Comptroller General ; 
for the salary of the Treasurer of the Lower Division, and for Clerk 
hire, two thousand dollars; for the salary of the Treasurer of the 
Upper Division, and for clerk hire, sixteen hundred dollars ; for 
the Assessor of St. Philip's and St. Michael's, for making out and 
affixing assessments of each return, one thousand dollars ; for the 
services of the Comptroller General, ibr copying tax-books, two 
hundred dollars; and fur additional compensation to the Treasurer 
of the Lower Division, for the performance of the additional <lutie3 
imposed upon him by an Act entitled " An Act to authorize the 
issue of certificates ot stock to provide for the military defense of 
the State," ratified the twenty-second day of December, iu the year 
of our Lord one thousand eight hundred and sixty, four hundred 
dollars ; fur printing and distributing tax returns, seventeen hun- 
dred dollars. 

v.. For the Ordinary Civil Expenses: For the payment of the Ordinary civil 
Contingent Accounts of the Upper Division, eight thousand five ^^p'^"*'^*- 
hundred dollars, if so much be necessary; for the payment of the 
Contingent Accounts of the Lower Division, eighteen thousand dol- 
lars, if so much be necessary; for tlie payment of annuities and 
pensions, six hundred dollars, if so much be necessary; for the pay- 
ment of such claims as shall be admitted by the Legislature at its 
present session, two hundred and fifty thousand dollars, if so much 
be necessary; fur the support of Free Schools, seventy-four thou- 
sand and four hundred dollars, if so much be necessary, to be dis- 
tributed among the several election districts in the State, iu the pro- 
portion of six hundred dollars to each Representative in the popular 
branch of the Legislature; fur the support of paupers at the Lunatic 
Asylum, seventy-five thousand dollars, if so much be necessary; 
that the sum of twelve thousand and ninety-three dollars and 
ninety-three cents be appropriated to meet the last year's deficiency 
for the support of paupers at the Lunatic Asylum, the same to be 
paid as other appropriations for that Institution to the draft of the 
Chairman of the Board of Regents; for the education of the Deaf 
and Dumb, and of the lilind, sixteen 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 Committees of Ways and Means, and 
of Finance and Banks, agreed to by the Legislature, one thousand 
dollars, if so much be necessary; for compensation for slaves execu- 
ted, five thousand dollars, if so much be necessary; for the payn)ent 
of the interest on two millions one hundred and fifty thousand five 
hundred and ninety dollars of bonds and stocks issued for the con- 
struction of the new State Capitol, one hundred and thirty-five 
thousand and sixty-seven dollars; for the payment of the interest 



160 STATUTES AT LARGE 

A. D. 186.3. on three hundred and ten ihousnnd dollars of the bonds of the State 
"^^--Y^^ issued under an Act entitled "An Act to grant aid to the Blue 
Ridge Railroad," ratified the twenty-second day of December, in 
the year of our Lord one thousand eight hundred and fifty-nine, 
eighteen thousand six hundred dollars; for the payment of the in- 
terest on the balance of four hundred thousand dollars of bonds of 
the State, issued for the military defence of the State, twelve thou- 
sand dollars; for the payment of the interest on three hundred and 
ninety-one thousand one hundred and fifty dollars, issued for the 
military defence of the State, twenty-five thousand three hundred 
and eighty dollars fifty cents; for the payment of the interest on 
one million five hundred and fourteen thousand seven hundred and 
ten dollars of the bonds and stock authorized to be issued for the 
military defence of the State, one hundred and six thousand and 
twenty-nine dollars seventy cents. 
Military ex- VL For Military Expenditures: For the salaries of the follow- 

peuditurts. jpg ofticers, viz: Adjutant and Inspector General, twenty-five thou- 
sand dollars; Arsenal Keeper in Charleston, one thousand dollar-; 
Arsenal Keeper and Powder Receiver at Columbia, at the rate of 
four hundred dollars per annum; Physician of the Jail and Physi- 
cian of the Magazine Guard, at Charleston, each five hundred dol- 
lars; to T. R. Aldrich, Physician of the Jail at Charleston, two 
hundred and fifty dollars, to reimburse hira for moneys spent for the 
purchase of medicine for prisoners in said jail ; and for the support of 
the Military Academies at Charleston and Columbia, seventy- three 
thousand tvvo hundred dollars, if so much be necessary ; and the 
said Military Academies shall be under the direction of the Board 
of Visitors : Provided, That each District shall be entitled to send 
to said Academies a number of beneficiaries equal to its representa- 
tion in the House of Representatives, or in that proportion, as far 
as the appropriation for the school may allow; the sum of twenty- 
three thousand three hundred and seventy-one dollars and fifty-seven 
cents to cover the excess on the expenditures for the Academies 
during the past year; for the salary of the Clerk of the Adjutant 
and Inspector General, one thousand and eighty dollars; for the 
services of the Secretary of State, during the current year, for all 
service in issuing all military commissions, and in lieu of any charge 
ao-ainst the State for commissions of all civil officers, eight hundred 
dollars, to be paid as other salaries directed by law; for the salary 
of the Ordnance Officer, .twenty-three hundred dollars, to be paid 
unon the draft of the said Ordnance Officer, said salary to be paid 
quarterly; to defray the expenses attendant upon the military de- 
fence of the State, three hundred thousand dollars, to be paid upon 
the draft of His Excellency the Governor, and that His Excellency 
the Governor be also authorized to expend, or see expended, under 
his direction, the balances now in the hands of the Departmental 
Officers and at the Executive credit from the appropriation of the 
last year, and that an account thereof be rendered to the next regu-. 
lar session of this General Assembly. 

VII. For Ordinary Local Expenditures: For the support of the 

JxJlndUultr^ transient poor of Charleston, seven thousand 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, including boat 



OF SOUTH CAROLINA. 161 

liive anrl other incidental expenses, twelve hundred dollars; for the A. D.18G3. 
execution of the quarantine laws at Charleston, one thousand dol- ^'~"~v^~' 
lars, if so much be necessary, to be paid the City Council of Charles- 
ton, and expended under their direction ; for the salary of the Su- 
perintendent of the Fire-proof Building in Charleston, during the 
present year, oue hundred dollars; for the support of the transient 
poor of Georgetown, seveuty-seven dollars eighteen cents, and also 
the balance reported by the Commissioners as remaining in their 
liands, the two suras amounting to three hundred dollars, to b- paid 
to, and expended by, the Commissioners of the Poor of Winyah, to 
be accounted for by them to the General Assembly; for aiding the 
support of a Ferry at Elliott's Cut, two hundred dollars, subject to 
the order of the Commissioner of Roads for St. Andrew's Parish ; 
for maintaining and keeping open the Roper Hospital, in Charles- 
ton, three thousand dollars, to be paid to the Medical Society, in 
trust for the Roper Fund, to defray the expenses of the said Hospi- 
tal; for the support of the Catawba Indians, twelve huudred dol- 
lars, if so much' be necessary. 

VHI. For Extraordinary Expenditures: For the support of the ExtrnnrdinniT 
transient poor of Columbia, two thousand dollars, to be paid to the '-•'^'"-"* ' '^'''^*- 
City Council of Columbia, and accounted for by them to the Gen- 
eral Assembly; for the Marine School of Charleston, seven thou- 
sand dollars, to be paid to the Charleston Port Society, upon the 
draft of the President, countersigned by the Secretary; the sum of 
twelve hlindred dollars, to be paid to William B. Johnston, to be 
paid as the salaries of other officers of the State are paid by \a.w, 
for recording the names of those who have fallen in the war, either 
by disease or w'ounds, and he shall report at the next regular session 
of the General Assembly ; to James Tupper, Esq., Auditor, three 
thousand dollai;s, to be paid to him as are the salaries of other offi- 
cers, and also such amount as shall be necessary to defray his ex- 
penses for stationery, in addition to his salary ; for the construction 
or purchase of machines for manufacturing cotton cards, subject to 
the draft of the Governor, twenty thousand dollars; for the Central 
Association for the Relief of South Carolina Soldiers, the sum of 
five hundred thousand dollars, if so much be necessary, to be paid 
upon the draf': of their Chairman, countersigned by their Treasurer, 
to be expended in purchasing and forwarding to our soldiers shoes, 
blankets, clothing and other articles of ueces^ity, and that the said 
Association do account therefor quarterly before the State Auditor; 
for the relief of the families of soldiers, the sum of five hundred 
thousand dollars, to be paid to the respective Boards, to be distri- 
buted in proportion to the number of persons to be relieved, and 
that the said Boards do make, respectively, an annual report, on 
the 1st day of November in each year, to the State Auditor, to be 
by that officer consolidated and reported to the next succeeding 
Legislature; the sum of five thousand dollars, to be paid to George 
W. Morse, on his own draft, as compensation for the use of his 
patents in constructing the breech-loading carbine, and his other 
inventions for the improvement of fire-arms, to be paid as the one 
thousand breech-loading carbines, now being manufactured at the 
State works, are completed, at the rate of five dollars for each car- 
bine ; for the salary of John R. Niernsee, acting Superintendent 
Vol. 13— n 



162 STATUTES AT LARGE 

A. D. 1863. and Architect of the New State House, three thousand dollars, to 

'^-'^^^r^''-^ \fQ paid as the salaries of other officers; for the purchase of shues 

for South Carolina soldiers, the sura of one hundred and seventy-one 

thousand dollars, if so much be necessary, to be paid on the draft 

of the Governor. 

lu the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-three, 
and in the eighty-eighth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
A. P. ALDRICH, Speaker House of Representatives. 



No. 4669. AN ACT to Declare and Amend the Exemption Law of 
THIS State, and for Other Purposes. 

I. Be it enacted by the Senate and House of Representatives, now 
met and silting in General Assembly, and by the authority of the 
Ordinanee same. That au Ordinance of the Convention of the People of the 
fi?d tf ^s^meci State of South Carolina entitled " An Ordinance to exempt over- 
periods defined seers from the performance of Military duty," passed the second 
Stafe troops. ^ day of January, Anno Domini eighteen hundred and sixty-two, the 
fourth Section of an Act of the General Assembly entitled "An 
Act for the better organization of the Militia, and for other pur- 
poses," ratified the 6th day of February, Anno Domini eighteen 
hundred and sixty-three, and the ninth Section of an Act of the 
General Assembly entitled "An Act to provide for Volunteer Com- 
panies of Mounted Infantry, and for other purposes," ratified the 
thirtieth day of September, Anno Domini eighteen hundred and 
sixty-three, be, and the same are hereby, declared to apply to troops 
called into service under the militia organization of this State, and 
to any other military force raised by the State under the laws 
thereof, and not to troops raised by the laws of the Confederate 
States of America. 
Act for better H- That the provisions of the fourth Section of an Act of the 
orgMni/.ition of Qeueral Assembly entitled "An Act for the better organization of 
ed, detining the militui, and for other purposes, ratined on the oth day ot 
exemptions. February, Anno Domini eighteen hundred and sixty three, exempt- 
ing from military service apothecaries, school nuisters, keepers of 
ferries, toll bridges and toll grain mills, all persons belonging to the 
Boards of Relief of Soldiers' Families, the officers and employees 
of railroad companies, persons engaged in the manufacture of arms, 
munitions of war, and army suj)piies, and persons engaged in the 
manufacture of salt, be altered and amended so as to exempt from the 
military service therein provided for, and as declar d by this Act, 
one apothecary to each regularly established drug store which was 
in operation at the commencement of the war; all schoolmasters 
over the age of forty years, and now having under their charge not 



OF SOUTH CAROLINA. 168 

less than twenty scholars; one white man over the age of forty- A. D. 1863. 
five years to each established ferry, toll bridge or toll grain mill, ' « 
if actually kept by such white man; all persons belonging to 
Boards of Relief of Soldiers' Families, over the age of forty-five, 
or if exempted by reason of physical infirmity from Confederate 
conscription ; the officers and as many employees of each railroad 
company as the President or Superintendent may certify and show 
to the satisfaction of the Adjutant and Inspector General to be 
necessary to the efficient conduct of its business, and that the duties 
of said employees cannot be discharged by slaves or free persons 
of color; all persons employed by the State or the Conlederate 
Government in the maauikcture of arms, munitions of war and 
army supplies, or by contractors to furnish the same to the State 
or Confederate Government : Provided, It be shown to the satisfac- 
tion of the Adjutant and Inspector General that the public interest 
and military defences require the exemption of such persons; one 
superintendent or manager to each salt work on the sea coast: 
Provided, Such work yields ten bushels of salt per day, and has 
been in operation at least two months previous to being called into 
service, and that all exemptions of such persons heretofore granted 
contrary to the provisions of this Act be, and the same are hereby, 
revoked. 

III. That whenever the Governor, for the time being, shall, by Persons 
orders published in the newspapers of the State, call upon any e,i"p'tV"ifs liable 
portion of the militia to appear before the enrolling officers of the to torffit right. 
State, or any militia ofiicer, and claim exemption from military 

service under the laws of the State, all persons who shall fail to 
appear and present their claims in pursuance of said orders shall 
be held liable to forfeit their right to exemption, at the discretion of 
the Governor: Provided, The said order shall be published for 
forty days. 

IV. That the enrolling officers provided for by an Act of the Additional 
General Assembly entitled "An Act to provide for volunteer com- IiYuIj^*^"*^ ^^ 
panics of mounted infantry, and for other purposes," ratified on the 
thirteenth day of September, in the year of our Lord one thousand 

eight hundred and sixty-three, in addition to the enrollment 
therein required to be made by them, shall also be required to enroll 
any other portion of the militia who are liable to actual service by 
the provisions of an Act of the General Assembly entitled " An 
Act for the better organization of the militia, and for other pur- 
poses," ratified the sixth day of February, in the year of our Lord 
one thousand eight hundred and sixty-three, and that the Adjutant 
and Inspector General be, and he is hereby, authorized to establish res„iJ["ons^t o 
rules and regulations, to be approved by the Governor, prescribing be established, 
the duties of the enrolling officers and surgeons. 

V. That from and after the passing of this Act no person shall Substitutes. 
be accepted as a substitute in State military service. 

In the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-three, 
and in the eighty-eighth year of the sovereignty and indepen- 
dence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
A. P. ALDRICH, Speaker House of Representatives. 



164 STATUTES AT LARGE 

A. D. 1863. AN ACT TO Extend an Act entitled "An Act' to Extend 

'"' '•' ^ Some of the Provisions of an Act entitled ' An Act in 

No. 4670. Reference to the Suspension of Specie Payments by the 
Banks of this State, and for other Purposes,' to the 
First Day of January, in the Year of our Lord One 
Thousand Eight Hundred and Sixty-Four." 

I. Beit enacted by the Senate and House of Represeutative.s, now 
met and sitting in General Assembly, and by the authority of the 
Aet re-enacted Same, That an Act entitled " An Act to extend some of the ])rovisions 
orLreT'^'""^*^'^ ^^ ^^ ^^^ entitled ' An Act in reference to the suspension of 
specie payments by the banks of this State, and for other purposes.' 
to the first day of January, in the year of our Lord one thousand 
eight hundred and sixty-four," ratified on the sixth day of Feb- 
ruary, in the year of our Lord one thousand eight hundred and 
sixty-three, be, and the same is hereby, re-enacted and continued 
of force until the close of the "vvar between the Confederate States 
and the United States of America, and for one year thereafter. 
Provision for 11. The provisions of this Act shall not be held to apply to 
sUver^eohi. "^ any bank which, during the operation of the Act, shall declare or 
pay a dividend to its stockholders in gold or silver coin, or shall 
sell or dispose of its gold or silver coin, except to the State or Con- 
federate States. 

In the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-three, 
and in the eighty-eighth year of the sovereignty and indepen- 
dence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
A. P. ALDRICH, Speaker House of Representatives. 



No. 4671. AN ACT to Make Provision for the Support of the Fami- 
lies of Soldiers from this State in the Confederate and 
State Service. 

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

now met and sitting in General Assen)bly, and by the authority of 

Prodncerto the Same, That a tax in kind of two per cent, .shall be paid by the 

kind ^^^ ^" producer in any District or Parish, when required by the Board of 
Relief thereof : Provided, That the producer of wheat have leave to 
substitute forty pounds of flour in place of each bushel of wheat, 
on the gross amount of all rice, corn and wheat raised and grown 
in this State, and all toll made by the owners of toll grain mills 
during the year one thousand eight hundred and sixty-three; also 
Mamifacturcr a tax io kind of five per cent, upon the gross products during the 

idnd"^ ^'^^ *" y^ar one thousand eight hundred and sixty-three, of all manufac- 
tures within this State, including cotton yarns, leather and salt, 
except such articles as may be manufactured by any person for his 
or her own use, and not for sale or barter, which said tax shall be 
collected and paid in the manner hereinafter prescribed. 



OF SOUTH CAROLINA. 165 

II. That the several Soldiers' Boards of Relief, to consist of not ^■^- '^^'^^• 
less than three, nor more than twenty-four, and to be appointed as y— ' 
heretof ire prescribed by law, shall divide their respective Districts Boards ^opRe- 
or Parishes into sections equal to their own number, and ass'gn to lief, &c. 
each Commissioner one of said sections. That for the purpose of 
ascertaining and collecting the tax in kind, of rice, corn aud wheat, 

the said Commissioners shall adopt, as the basis upon which they 
are to assess said tax, the gross amount each producer has or may 
return for the year one thousand eight hundred and sixty-three, to 
the Confederate Assessor, for the tax in kind of the Confederate 
States, thereby exempting those who are not liable to said tax under 
the Act of the Confederate Congress. Aud, for the purpose of col- 
lecting said tax, each Commissioner is hereby authorized to draw 
his order for said t-ax on any producer within the section assigned 
him, to be delivered to such person or persons as may be named, 
and in such proportion as may be just and proper — the order to 
be the voucher for the payment ; and in such Districts as may 
have an excess of provisions under this bill, such excess shall be 
delivered at such time aud place as the Commissioner shall order, 
after ten days' notice, for the purpose of being transported to other 
portions of the State : Provided, That no person shall be required 
to deliver his produce at a distance exceeding eight miles from the 
place of production. And in the event that any person, so liable, 
shall fail or refuse to deliver the amount of said tax within the time 
prescribed, on the order of the Commissioner, the Commissioner in 
charge, or some person for him, shall give information thereof on 
oath, to the Chairman of the Board, who, on receipt of such informa- 
tion, is hereby authorized to issue an execution against the delinquent, 
directed to the Sheriff of the District, requiring him to levy and seize 
double the amount of the articles in kind for which he was liable, if to 
be found, and, if not, then to levy and collect of his goods and 
chattels three times the amount of the value of such tax in kind, 
according to the value fixed by the Confederate Commissioners 
for this State for articles of a like kind ; the cost of the proceed- 
ings to be paid by the defaulter, to be regulated by the fee bills 
for Sheriff's costs, in cases of execution issued from the Courts of 
law. And if any tax payer sliall satisfy the Collector that prior 
to the ratification of this Act he, the said tax payer, has consumed, 
or saved, or sold the whole quantity of wheat which he may have 
raised during the current calendar year, either by his own oath, or 
by the testimony of others, then the said tax payer shall and may 
pay his wheat tax by substituting corn therefor, at the rate of one 
bushel of corn for one bushel of wheat, by measure. 

III. That for the purpose of ascertaining and collecting the tax Boards of 
in kind on manufactured goods, mentioned in the first Section of ^®.^i^f ^° ^^\ 

fiuirc owners ot 

this Act, the said several Boards of Relief, in Districts in which manufactories 
such manufactories may be situated, shall require the owner or 0*^6 n't a g^^e ^fn 
owners, or person or persons in charge of such manufactories, to ki"'!. aiicl re- 
deliver to said Board, on or before the first of February next, five fr'oller'Generai'. 
per cent, in kind of all goods mentioned in the said first Section, 
manufactured or produced at their respective establishments during 
the year one thousand eight hundred and sixty three; the amount, 



166 STATUTES AT LARGE 

A. D. 1863. kind and quality of each to be reported by such Board, when re- 
^-^^-r""-^ ceived, to the Comptroller General, and the said Board shall hold 
the same, subject to a distribution amongst the several Boards, to 
be made by the said Comptroller General, under the supervision of 
the Governor, in proportion to the number of persons of soldiers' 
families ; and said distribution shall be made as soon after the said 
first day of February as may be practicable. In the event that 
Penalty for any manufacturer or manufacturing company, tanner or maker of 
fusld *to°m:die ^^^t, or Other articles mentioned in said first Section, shall fail or 
return. refuse to make return on oath, (which said oath either of said Com- 

missioners is hereby authorized to administer,) on or before the said 
first day of February next, of the amount, kind and quality of all 
articles mentioned in said first Section, manufactured or produced 
by him or them during the year one thousand eight hundred and 
sixty-three, and to pay the tax in kind thereon as above required, it 
shall be the duty of the Chairn)an of s»id Board, and he is hereby 
authorized and empowered, to issue his warrant, after ten days' 
notice, for the arrest and detention of such tanner, manufacturer or 
manufacturers, or person or persons in charge of such manufactory 
or tannery, until he or they shall have made the returns above re- 
quired, and paid the ta:: in kind as hereinbefore directed. 
Amount of IV. That the amount of corn, rice and wheat to be furnished to 
re^'furnishe'i ^''^ch individual entitled to relief in the aggregate, shall not exceed 
each indiviuai. the rate of ten bushels per annum, to be furnished in such propor- 
tions as the Commissioners may find to be most expedient ; and 
with the view of attaining equality, as near as practicable, each 
Board of Commissioners shall prepare a special return to the Comp- 
troller General, on or before the first day of February next, setting 
forth how many persons within their respective Districts or Parishes 
are provided fi,r, and what amount of produce of each kind has 
been received or they are entitled to ; and it shall be the duty of 
the Comptroller General, on receipt of said returns, to make a 
Comptroller tabular statement, showing the number to be provided for, the 
makV^tnbukr amount received by each Board, and the distributive share to which 
statement, &e. the total quantity of grain and other supplies received will entitle 
such individual to be provided for as aforesaid; and the Comptroller 
General is hereby authorized, with the approval of the Governor, 
to issue requisitions upon those Boards having an excess over the 
average su[)ply, and in favor of those Boards whose supply is defi- 
cient, and the Board in favor of whom the requisition is made shall 
pay the costs of transportation. 
Chairman and V. That the Chairman and Treasurer of any Board who shall 
Boards'^'^'iiahie fail to make a return conformably to the preceding Section shall 
for failure to each be liable to a fine of two hundred dollars, to be recovered by 

make return. . , . , 

indictment. 

Appropriation VI. That the sum of five hundred thousand dollars be, and the 

for relief. same is hereby, appropriated to be distributed in proportion to the 

number of persons to be relieved amongst the several Boards of 

Relief of this State, as is prescribed in the Act ratified the eighteenth 

day of December, in the year one thousand eight hundred and 

sixty-two, entitled " An Act to make appropriations in aid of the 

families of soldiers," and to repeal an Act entitled "An Act to 

afford aid to the families of soldiers," and the said Board will con- 



OF SOUTH CAROLINA. 167 

form to the provisions of said Act, aud be subject to its direction, A. D. 1863. 
iu every particular, except as hereinbefore provided. ^^''~'y~'^ 

lu the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty- 
three, and in the eighty-eighth year of the sovereignty aud 
independence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



AN ACT TO Procure Supplies and Furnish tpie Imple- No. 4672. 
MENTS OF Agricultural and Manufacturing Industry 
FOR THE Soldiers and People of the State, by a Union 
OF THE State with the Importing and Exporting Com- 
pany OF South Carolina. 

I. Be >t enacted by the Senate and House of Representatives, now 
met aud sitting in General Assembly, and by the authority of the 
same, That the President of the Bank of the State of South Caro- Presi.ientof 
lina, and the Comptroller General, be, and are hereby, authorized ^JJ';j^ cVm'l)- 
and directed to have prepared and issued, in the name and on troiier Uenerai 
the part and behalf of the State, not exceeding one million of or bonds, &c. 
dollars, either in stocks or bonds, or both, bearing interest at the rate 
of six per centum per annum payable semi annually at the State 
Treasury, (the sale of said stocks or bonds, or both, to be made 
by the President of said Bank of the State of South Carolina, at 
such times and in such manner as may be necessary) ; aud the 
said President to account annually to the General Assembly for 
the proceeds and expenditure of the same, for the purpose of 
procuring supplies i\>r soldiers and soldiers' families, and provid- 
ing the implements of agricultural aud manufacturing industry, 
by a union of the State with the Importing and Exporting Com- 
pany of South Carolina, incorporated the eighteenth day of De- 
cember, one thousand eight hundred and sixty two, in the owner- 
ship and purchase of ships, and iu importing and exporting 
mercantile adventures, on the following terms : 

1. The State to become one-fourth part owner of the ships now State to be 
owned or hereafter to be constructed or procured by the said 'hips/ltc"'''^ °^ 
company, paying for the same such sums or prices as the Gov- 
ernor and the President of the Bank of the State of South Caro- 
lina shall approve. 

2. The State to have the right, as one-fourth owner in said State tn have 
ships, to export such amount of cotton or other produce, on her "ud impoii!'"''' 
own account, uot exceeding one-fourth of each cargo, and to im- 
port such supplies as in the judgment and discretion of the Gov- 
ernor of the State may be deemed most advisal)le to meet the 

wants of the soldiers aud citizens of the State, the State paying the 
customary freight. 

3. The State to share in the general mercantile adventures of the . ^^^^'^ *" ^'V^i.^® 

. , , • ,. , , .11. 1 ,. 1 n mercantile 

said company, and earnings oi the said ships, to the extent of adventures. 



168 STATUTES AT LARGE 

A. D. 1W3. one fourth, as she shall pay for, and a-cquire part owneiship in 
**^~v-— ' the said ships, respectively, she bearing her proportion of ex- 
penses and losses; but in no event to be liable to losses to a 
greater extent than her interest in the said ships and cargoes and 
unpaid dividends. 

Responsibility 4. The ownership and interest of the State in the said ships and 

to commence!" their earnings, respectively, to commence from the time that "she 
shall p-iy for her interest therein, respectively, by shipment of 
cotton or otherwise, as shall be arranged by and between the Presi- 
dent and Directors of the said company, and the said President of 
the Bank of the State of South Carolina. 
Compnnyto 5. The Said Company to make annual reports and returns of their 

repmfs. '^""'^'^^ condition and transactions to the Comptroller General, as railroad 
companies are now required to do bylaw. 

Representation (j. The said President of the Bank of the State of South Caro- 
lina t) represent the stock of the State in the said company, and to' 
have the right, from time to time, to inspect the books and become 
acquainted with the transactions of the said company, and to ac- 
count annually to the General Assembly for his receipts and dis- 
bursements, on account of the connection of the State with the said 
company. 
Stntetohiive 7. The State to have the right forthwith to ship cotton and re- 

fofthwiHi ^''^'^ ceive return cargoes in any of the ships of the said company. 

Stock re- 8. The Said stock or bonds to be redeemable in tweuty-oue years 

deemabie. fj.Qfjj ^j,g (j^te of the issue of the same. 

In the Senate House, the seventeenth day of December, in the 
year of our Lord one thusand eight hundred and sixty- 
three, and in the eighty-eigthth year of the sovereignty and 
independence of the State of South Carolina. 

W. D. PORTER, President of the Senate, 

A. P. ALDRICH, Speaker House of Representatives. 



No. 4673. AN AT-T to Amend the Act in Relation to the Supply of 
Laf.oPv for the Military Defense of the State, Passed in 
September, in the Year of Our Lord One Thousand 
Eight Hundred and Sixty-three. 

I. Be it enacted by the Senate and Hou.se of Representatives now 

met and sitting in General Assembly, and hy the authority of the 

Co mm is- same. That it shall be the duty of the Commissioners of Roads, and 

R o°a\lV a n"tl t^e authorities of incorporated cities, towns and villages, to furnish to 

other autir.rl- the State Agent, within thirty hays after the passage of this Act, a 

cmTearetmS fuH a»"' Correct return of all haiids liable to road duty within their 

<^<=- respective jurisdictions. And that it shall also be the duty of the 

Further rliitics said Commissioners and authorities of incorporated cities, towns 

eLsTc!"'''*''"'" and villages, upon being duly notified by the said Agent, thirty 

days before, of any call for slave labor under the pmvisions of this 

Act, to extend the proper summons to all owners liable to such call 

within their jurisdictions, warning them to have the hands so liable 



OF SOUTH CAROLINA. 169 

at the respective depots, and at the proper time. And if upon ^- ^- i^^'S. 
the day and at the place so notified any owner of slaves so liable ~~^ 

shall fail to have said hands in readiness, then the State Agent j y nJ^u u*fn°<^ 
shall furnish the Sheriff of the District in which said slaves reside owners of 
with a list of defaulters, and it shall be the duty of the Sheriff ^ '^^'^*' 
immediately to arrest such slaves, and deliver them to the State 
Agent, at such place in the District as he may appoint, the cost of 
such arrest and transportation to be paid by the defaulting owner. 
And when there is such neglect, failure or refusal to send slaves, 
after due summons to the owners by the Commissioners, and the 
said slaves are tak^n by the Sheriff, the slaves of such defaulters 
shall labor and serve on the military defences for twice the period 
of time specitied in the call made by the State Agent: Provided, 
That the slaves thus furnished shall not be detailed for any other 
service than for such work as is intimately connected with the de- 
fence of the State. 

II. That all Acts and parts of Acts inconsistent with the pro- Repeal of 

visions of this Act are hereby repealed ; but the fines and penal- previous enaet- 
ties therein contained shall not be inflicted on owners of slaves for '^^^^^' *^* 
future defaults under this Act. But this repeal shall not be con- 
strued to affect or excuse any former default, or to stop any prose- 
cutions which may have been commenced against any defaulters 
under any of the Acts, or parts of Acts, hereby repealed. That 
the slaves furnished under this Act shall be delivered punctually Slaves to be 
to the owners at the expiration of their term of service, and in the '^ "^ iiyercd 

, o 11 -1 . 1 /-, -11 1 punctually 

event or any delay in such return, the (jrovernor is hereby author- after term of 
ized and directed to demand of the commanding General that the 
said slaves be immediately returned, unless, in the opinion of the 
Governor, a peculiar emergency demands a further detention. 

In the Senate House, the seventeenth day of December, in the 
year of our Lord nne thousand eight hundred and sixty three, 
and in the eighty-eighth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
A. P. ALDRICH, Speaker House of Representatives. 



service. 



AN ACT TO Amend an Act entitled " An Act to Suppress No. 4674. 
THE Distillation of Spirituous Liquors in this State." 



I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That the second Section of an Act entitled " An Act to sup- Second Sec- 
press the Distillation of Spirituous Liquors in this State," ratified *io'i, *? ^ ^ "^d 
the tenth day of April, in the year of our Lord one thousand eight amended. 
hundred and sixty-three, be altered and amended so as to authorize 
and empower His Excellency the Governor to contract with a skilled 
and responsible agent, in each of the Judicial Districts of this 



170 STATUTES AT LARGE 

A. D. 1863. State, to manufacture a limited quantity of pure spirits at a limited 
^•—•-~w~'^ and reasonable price, not to exceed three dollars per gallon, strictlv 
poi'n'fed'?o f^r medical purposes : Prov'ded, That said spirits shall not be sold 
manuiacture. to any but regularly practicing physicians and registered druggists 
in this State. The amount sold to each physician and druggist not 
to exceed fifty gallons of whisky and five gallons of pure alcohol 
per annum, to be used strictly for medicinal purposes. 
Agents to enter II. That the agent thus appointed shall enter into a bond of ten 
into bon . thousand dollars, with two or more good sureties, to be approved by 

the Commissioners to approve securities before the Clerk of the 
Court of the District in which he resides, conditioned that the spi- 
rits to be manufactured by him shall be pure, and shall be delivered 
within the time limited; that he will distill no more than is men- 
tioned in his contract; and that he will turn over all that he may 
distill, as directed by the Governor; which bond, if forfeited, may 
be estreated as other recognizances in the Court of Sessions. And 
shall also take and subscribe an oath before the Clerk of the Court, 
to be filed in his ofiice, that he will faithfully comply with the terms 
of his contract ; that he will distill no more, nor dispose of any 
portion of that distilled, otherwise than is mentioned in his said 
contract, upon which oath, if violated, perjury ma}' be assigned in 
the Court of Sessions. 
Aetsincon- III. That all Acts and parts of Acts inconsistent with this Act 
fi^^i^J'^.t^v!.'^ be, and the same are hereby, repealed: Provided, That such repeal 
pealed. shall not be construed to bar any prosecutions alrearly instituted, or 

whichmayhereafter be instituted, for violations of the provisions of 
any of said Acts. 

In the Senate House, th^. seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-three, 
and in the eighty-eighth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senat^e. 
A. P. ALDRICH, Speaker House of Representatives. 



No. 4675. AN ACT to Coxtinue ix Force an Act entitled " Ax Act to 
Extend Relief to Debtors, and to Prevent the Sacrifice 
OF Property at Public Sales." 

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

met and sitting in General Assembly, and by the authority of the 

Continued of same, That an Act entitled " An Act to extend relief to debtors, 

Jounnuent *o f ^ud to prevent the sacrifice of property at public sales," ratitietl on 

ii'>j t <'pneral the twcuty-first day of December, in the year of our Lord one 

y. thousand eight hundred and sixty-one, and also an Act to continue 

in force the af)resaid Act, ratified the sixth day of February, in the 

year of our Lord one thousand eight hundred and sixty-three, be, 

and the same are hereby, continued of force until the adjournnieut 



OF SOUTH CAKOLINA. 171 

of the next session of the General Assembly of this State : Provided^ ^- ^- ^^^3. 
That nothing contained in the said Acts shall apply-to stay the col- ^"""^"'^'^ 
lection of any fine or fines imposed, or to be imposed, by any Board fi^'^er*fo"dc- 
of Commissioners of Roads for default of work on the respective fi^»it of work 
roads in charge of said Boards, or for default of work of road hands 
under the call of the proper authorities on the public defences. 

In the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-three, 
and in the eighty-eighth year of the sovereignty and indepen- 
dence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
A. P. ALDRICH, Speaker House of Representatives. 



AN ACT TO Continue in Force the Laws heretofore En- No. 4676. 
ACTED IN Relation to the Cultivation of Cotton. 

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 prevent and punish the Acts re-en- 
planting and cultivating, in this State, over a certain quantity of Qf*|5j.g^_^^™ 
cotton during the present year," ratified on the sixth day of Feb- 
ruary, in the year of our Lord one thousand eight hundred and 
sixty-three ; and also an Act entitled " An Act to amend an Act 
entitled an Act to prevent and punish the planting and cultivating 
in this State, over a certain quantity of cotton during the present 
year," ratified on the tenth day of April, in the year of our Lord 
one thousand eight hundred and sixty-three, be, and the same are 
hereby, re-enacted and made of force until the close of the war be- 
tween the Confederate States and United States of America. 

In the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-three, 
and in the eighty-eighth year of the sovereignty and indepen- 
dence of the State of South Carolina. 

WILLIAM D PORTER, President of the Senate. 
A. P. ALDRICH, Speaker House of Representatives. 



AN ACT TO Amend and Renew the Charter of the Colum- No. 4677. 
BiA and Hamburg Railroad Company, to Change the Name 

THERPJOF, AND TO ProDUCE CONFORMITY IN THE CHARTERS 

Granted to said Company by the States of Georgia and 
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 Company in- 
same, That the Columbia and Hamburg Railroad Company, which corporated. 



172 STATUTES AT LARGE 

A. D. isr,.?. ijag been formed under a charter granted by the General Assembly 
^— ^v'"""^ of the State of. South Carolina, ratified on the twenty-^rst day of 
December, in the year of our Lord one thousand eight hundred and 
fifty-eight, be, and the same is hereby, incorporated by the name of 
"The Columbia and Augusta Railroad Company," and all acts and 
things heretofore done by the stockholders of said company, and 
by the President and Directors heretofore elected by theth, be, and 
the same are hereby, ratified and made lawful, in as full and ample 
a manner as if they had been authorized and allowed by the said 
charter: Provided, The same were not in violation of any existing 
law or laws, or of the Constitution of this State, or of the Confede- 
rate States of America. And by the above title, the said stock- 
holders shall have corporate existence in this State, and in the State 
of Georgia, if incorporated by that State, and shall have perpetual 
succession of members, may have a common seal, may sue and be 
sued, may plead and be impleaded, in any Court of law or equity, 
and may make all such rules, regulations and by-laws as are not 
inconsistent WMth the laws or Constitution of this State, the Slate of 
Georgia, or the Confederate States: Provided, That service of pro- 
cess upon the principal agent of said company, or any Director 
thereof, shall be deemed and taken to be due and lawful notice of 
service of process upon the company, so as to bring it before the 
Court. 
Directors '°^ °^ ^^- That the aflfairs of said company shall be managed and 
directed by a general Board, to consist of twelve Directors, to be 
elected by the stockholders from among their number : Provided, 
That if the said company shall be chartered by the State of 
Georgia, four of the Directors shall be elected from amongst the 
stockholders residing in that State. 
Election by III. That the election of Directors shall be by ballot, and each 
"*■ stockholder, at any general meeting of the company, shall be 

entitled to one vote upon all shares held by him not more than 
fifty ; to one vote for every five shares upon all shares held by him 
more than fifty, and not more than one hundred ; and upon all 
shares more than one hundrt^d, to one vote for every ten shares, 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 
. ^".'"Vi'" °^ the company; and to constitute a meeting of the stockholders, 
necessary to authorized to make elections, or to decide upon any matter upon 
transact bust ^^ich it shall be necessary for the stockholders to act as a com- 
pany, a majority of all the shares shall be represented by the 
stockholders themselves, or by his, her or their proxy or proxies, 
and if a sufficient number do not appear on the day appointed, 
those who do attend shall have power to adjourn from time to time 
until a quorum shall be obtained. 
Election of IV. That the President of the company shall be elected by the 

President iind t-^. ,. . . i ^i i •■ v *! 

Directors. Directors from amongst their number, as the regulations ot the 

company may prescrd)e, and the stockholders, at each annual 
meeting, shall elect twelve Directors, who sliall continue in office, 
unless sooner removed, until the next annual meeting after their 
election, and until their successors shall be elected and shall enter 
V-1 aneb "P*^" ^^^^''" ^^"^ies ; but the President and any of the Directors may 

removai."*^^ ^^ at any time be removed, and the vacancy thereby occasioned be 



OF SOUTH CAROLINA. 173 

filled by a majority of the remaining Directors at any general or -'^- ^- 18''3. 
called meeting. The President and any five or rjiore Directors ^"" v— ' 
shall constitute a Bcjard for the transaction of business, and in case Directors'' „ ef 
of the absence of the President, from sickness or other cause, six eessmy to con- 
Directors, one of whom shall be appointed to act as President pro 
<em^ore, shall constitute a Board. In case of a vacancy in the Vacancy by 
office of President or any Director, from death, removal, resigna- death, &c. 
tion or inability, the same may be filled by a majority of the 
remaining members of the Board, until the next annual meeting. 

V. That there shall be annual meetings of the proprietors of the Meeting of 
stock, at such times and places as the preceding annual meetings stockholders. 
shall have appointed ; at such, or at any special meeting, pro- 
prietors of stock may attend and vote in person or by proxies, 

under such regulations as the by-laws shall prescribe. 

VI. That if the day of tiie annual election should pass without Non-eicction 
any election of Directors, the corporation shall not thereby be of Directors. 
dissolved, but it shall be lawful on any other day to hold and make 

such election in such manner as may be prescribed by the by-laws 
of the corporation. 

VII. That special meetings of the company shall be called Special meet- 
whenever twenty members of the company, or more, owning "^°'^' 
together three hundred shares of stock, shall require it : Provided, 

That public notice shall first be given of the time and place of such 
meeting, and of the object for which it is called, unless the interest 
of the company requires that the cause of convening the meeting 
should not be published : And provided, also. That, either in 
person or by proxy, there shall be present at the meeting a number 
of persons owning together a majority of the stock. 

VIII. That all contracts or agreements authenticated by the Contracts 
President and Secretary of the general or local Board shall be compin".^ °" 
binding on the company, without a seal, or such mode of authenti- 
cation may be used as the company, by their by-laws, may adopt. 

IX. That the company shall have power and may proceed to Power to con- 
construct, as speedily as may be practicable, a railroad, with one or struct road. 
more tracks, to be used with steam, animal or other power, which 

shall extend from some point on the Charlotte and South Carolina 
Railroad, in or near the city of Columbia, to or near the town of 
Hamburg, in the State of South Carolina, and (if the said com- 
pany shall be chartered by the State of Georgia) to cross the 
Savannah River at or near the city of Augusta, in the State of 
Georgia, and to connect with the Georgia Railroad in the said city 
of Augusta : Provided, That the said company may use any 
section or portion of the said road before the whole thereof shall 
be completed. 

X. That said company shall have the exclusive right of convey- Company to 
ance or transportation of persons, goods or merchandise and pro- \^]^ exclusive 
duce, over the said road, to be by tiiem constructed, and shall have veyance. 
power to fix and establish such rates of charges for the transporta- 
tion of persons, goods, produce, merchandise and other articles, as 

are fixed by the charter of the Charlotte and South Carolina Rail- 
road Company.^ Company may 

XI. That said company, when they see fit, may farm out their fi>rm out rights 
. rights of transportation on said road, subject to the provisions of tion.'^'^"^^*''^ * 



174 STATUTES LT LARGE 

A. D. 1863. this charter; and said company, and every person or company who 

^"■"> ' may have received from them the right of transporting goods, 

wares and produce on said road, shall be deemed and taken to be 
common carriers, as respects all goods, wares, merchandise and 
produce entrusted to them for transportation. 
Liability for XII. That if any stockholder shall fail to pay the installment or 

fnlitallmentsr^ installments required of him on his share or shares by the President 
and Directors, or a majority of them, within one month after the 
call for the same shall have been advertised in one or more papers 
published in the city of Columbia or Augusta, as the case may be, 
it shall aud may be lawful for the President and Directors, or a 
majority of them, to sell, at public auction, aud convey to the pur- 
chaser or purchasers, the share or shares of such stockholder so fail-, 
ing or refusing, giving twenty days' notice of the time aud place of 
sale, and after retaining the sum due, and all expenses incident to 
the sale, out of the proceeds, shall pay the surplus to the former 
owner, orhis legal representatives or assignees ; aud any purchaser 
of the stock of the company, under the sale by the President and 
Directors as aforesaid, shall be subject to the same rules and regu- 
lations as the original proprietor, and no sale by the original pro- 
prietor of stock, or hij assignees, shall release the original proprie- 
tor from his obligation to the company to pay the whole amount of 
his subscription. In addition to the foregiiing remedy, the Presi- 
dent and Directors may proceed, by action of assumpsit or debt, in 
any of the Courts of law of the States of South Carolina and 
Georgia, for the recovery of the installments due and not paid by 
any delinquent stockholder or his assignees, who shall not pay the 
same on requisition made in manner aud f(jrra as aforesaid, or the 
Presideut and Directors, or a majority of them, may declare the 
share or shares of any stockholder in arrears, after twenty days' 
notice, forfeited for the use and benefit of the company. 
Stock trans- XlII. That the Stock of said company may be transferred in 

ferabie. g^^^ manner and form as may be directed by the by-laws of said 

company. 
Power to in- XIV. That if the capital stock shall be deemed by a majority 

stock! ''''^''"^ of ll^e Directors to be insufficient, it shall and may be lawlul, at 
some general meeting, by a vote of the stockholders, from time to 
time, to increase the capital stock of said company to an amount 
not exceeding five millions of dollars, by the addition of as many 
shares as may be necessary for that purpose; aud the President and 
Directors shall first give the individual stockholders for the time, 
or their legal representatives, the option of takiug such additional 
shares, and an apportionment, if necessary, shall be made amongst 
them. And if such additional shares shall not be taken by the 
stockholders, the President aud Directors shall cause books to be 
opened, uuder the direction of Commissioners to be appointed by 
them, at such time and place as they shall designate, which time 
and place shall be duly advertised for subscription lor said additional 
shares, or for so much thereof as may not be taken by the individual 
stockholders as aforesaid, and the subscribers for such additional 
shares are hereby declared to be thenceforward incorporated into 
said company, with all the privileges and advantages, aud subject 
to all the liabilities of the original stockholders. 



OF SOUTH CAROLINA. 175 

XV. That the President and Directors, or a majority of them, A- !>• ISQ^- 
shal have power to borrow money for the objects of this Act, to v— ' 
issue certificates, bonds, or other evidences of such loans, and to borrow*montey! 
make the same convertible into the stock of the company at the &c. 
pleasure of the holder: Provided, The capital stock of the com- 
pany shall not thereby be increased beyond five millions of dollars ; 

also to mortgage, or otherwise pleflge the said road, and any of the 
property of the company, to secure such loan and the interest 
thereon. 

XVI. That the Directors shall, once in every year at least, make Directors to 
a full report, on the state of the company and its affairs, to a gen- pcriodicaUy.*"^ 
eral meeting of the stockholders, and shall have power to call a 

general meeting of the stockholders when the Board may deem it 
expedient ; and the company may provide, in their by laws, for occa- 
sional meetings being called, and prescrioe the mode thereof 

XVII. That the said company may purchase, have and hold, in Company may 

/> ,. , ,. 11/ 1 u j-i i purcrinse and 

fee or tor a term or years, any lands, tenements or hereditaments, hold lands, 
which may be necessary for the business of the said road, or for the &^^-. m fee. 
erection of depositories, storehouses, houses for the officers, servants 
or agents of the company, or for work-shops or foundries, to be 
used for said company, or for procuring stone or other materials 
necessary for tlie construction of the road, or for effecting transpor- 
tation thereon, and for no other purpose whatever. 

XVill. That said company shall have the right, when necessary, Rig-ht to con- 
to conduct the said road across or along any public road or water '^^l^^^ public 
course: Provided, That the said company shnll not obstruet any r"'id or water 

, , . 1-1 • 1 ' n 1 ] ' course, &c. 

public road, without constructing another equally as good, ana as 
convenient as may be, nor without making a draw in any bridge of 
said road, which may cross a navigable stream, sufficient for the 
passage of vessels navigating said stream, which draw shall be 
opened by the company for the free passage of vessels navigating 
said stream. 

XIX. That when any lands or right of way may be required by Commissioners 
said company for the purpose of constructing their road, and, for to decide'^vaiu^ 
want of agreement as to the value thereof, or from any other cause, ation of right 
the 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 majority of them, to be appointed by any Court of Record having 
common law jurisdiction, in the C(junty or District where some part 
of the land or right of way is situated. In making the said valua- Duties of Com- 
tiou, the said Commissioners shall take into consideration the loss or '"issioners. 
damage which may occur to the owner or owners iu consequence of 
the laud being taken, or the right of way surrendered, and also the 
benefit and advantage such owner or owners may receive from the 
erection or establishment of the railroad or work, and shall state, 
particularly, the nature and amount of each, and the excess of loss 
or damage, over and above the advantage and benefit, shall form 
the measure of valuation of said land or right of way: Provided, 
nevertheless, In case either party shall appeal from the valuation to Provision for 
the next session of the Court granting the commission, and giving ' 
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 satne terra, or as soon as possible, and their 



176 . STATUTES AT LARGE 

A. D. 1863. verdict shall be final and conclusive between the parties, unless a 
^-'^'y-'--^ new trial shall be granted. The proceedings of said Commissioners, 
accompanied with a full description of the said land or right of 
way, stiall be returned, under the hands and seals of a maj<jrity of 
the Commissioners, to the Court from which the commission issued, 
there to remain a niatter of record ; and the land or right of way, 
so valued by the Commissioners, shall vest in the said company, 
discharged from all previous liens, S3 long as the same shall be used 
for the |jurposes of said railroad, so soon as the valua'iv)n may be 
paid, or, where refused, may be tendered: Provided, That on the 
application for the appointment of Commissioners under this Sec- 
tion, it shall be made to appear to the satisfaction of the Court that 
at least ten days' previous notice has been given, by the applicants, 
to the owner or owners of the land so proposed to be condemned ; 
or if the owner or owners be infants, or non compos mentis, then to 
the guardian or committee of such owners, if such guardian or com- 
mittee can be found within the County or District, or if he (iannot 
be so found, then such appointment shall not be made, unless notice 
of the application shall have been published at least one month 
next preceding, in some newspaper printed as convenient as may 
be to the court house of the County or District : Pj-ovided, That 
when there shall be an appeal, as aforesaid, from the valuation of 
Commissioners, by either of the parties, the same shall not i)reveut 
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 iu their work only on condition of 
giving to the opposite party a bond, with good security, to be ap- 
proved by the Clerk of the Court where the valuation is returned, 
in a penalty equal to double the said valuation, conditioned for the 
payment of the said valuation and interest, in case the same be sus- 
tained, and in case it be reversed, for the payment of the valuation 
thereafter to be made by the jury and confirmed by the Court. 
Absence of XX. That in the absence of any contract or contracts with the 
contniet pre- j^ comoanv. in relation to lands throu<rh which the said road or 
dence of grant its branches may pass, signed by the owner thereof, or by his agent, 
ownerTnanlif or any claimant or person in possession thereof, it shall bii presumed 
that the land upon which the said road or any of its branches may 
be constructed, together with the space of sixty-five feet on each side 
of the centre of the said road, has been granted to the company by 
the owner or owners thereof; and the said company shall have good 
right and title thereto, and shall have, hold and enjoy the same, as 
long as the same may be used, only ior the purpose of said railroad, 
discharged from all persons' liens, and no longer, unless the person 
or persons owning the said land at the time that part of the said road 
which may be on the said land was finished, or those claiming un- 
Appiieation dcr him. her or them, shall apply for an assessment of the value of 
for assossment jj^g j^j^j,^ lauds, as hereinbefore directed, within one year next after 
within given that part of the said road was finished ; and in case the said owner 
*""'^' or owners, or those claiming under him, her or them, shall not apply 

within one year next after the said part was finished, he, she or they 
shall be forever barred from recovering the said land, or having any 
fZ7rS^i^JZ assessment or compensation therefi)r: Provided, That nothing here- 
"iniants. in contained shall affect the rights of /erne coi-er/s or infants, until 



OF SOUTH CAROLINA. 177 

two years after the removal of their respective disabilities : And pro- -'^- 1^- I'^'^^s. 
vided, also, That if the said road, or any part thereof, should be sold ^— — v— «*' 
at execution sale, for the debts of the said company, or otherwise, y(^.t"fo™ownor 
then, and in that case, all the right and title to the laud which may in ease of sale 
have been condemned by virtue of this Act shall immediately re- compiuy.''^ °^ 
vert t^ the original owner or owners, unless the purchaser or pur- 
chasers at such sale shall keep up the road for the use of the public, 
in the same manner and under the same restrictions as by this Act 
it is contemplated "The Columbia and Augusta Railroad" should 
do. 

XXI. That all lands not heretofore granted nor appropriated by Lands not 
law to the use of the State, within sixty-five feet of the centre of the f ""hf L'^'\ "^'^ 
road which may be constructed by the said company, shall vest in vest in com- 
the company as soon as the line of the road is definitely laid out ^^^^' 
through it, and any grant of the same thereafter shall be void. 

XXII. That if any person or persons shall intrude upon the said Persons intrn- 
railroad by any manner of use thereof, or of the rights and privi- 4'"- upon road 
leges connected therewith, without the permission, or- contrary to yehi'cies.^'^rnd 
the will of said company, he, she or they shall forthwith forfeit to indict.abie. 
the said company all the vehicles that may be intruded on the said 

road, and the same maybe recovered by a suit at law; and the 
person or persons so intruding may also be indicted for misdemeanor, 
and, upon conviction, fined or imprisoned by any Court of compe- 
tent jurisdiction. 

XXIII. Thatif any person shall wilfully and maliciouslv destroy, t- ui-* ^ 

u J- J u X X 1 11 -1^ 1, •'^ Liability of 

or, in any manner hurt, damage or obstruct, or shall wilfully or persons for 
maliciously cause, or aid, or assist, or counsel, or advise any other road!'!:!^ ^'^ 
person or persons to destroy, or in any manner hurt, damage or 
destroy, injure or obstruct the said railroad, or any bridge or vehicle 
used for or in the 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 six nor less than one month, 
and pay a fine not exceeding five hundred dollars, nor less than 
twenty, 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 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 of the land where such destruction, hurt, 
damage, injury or obstruction was done or caused at the time the 
same was done or caused. 

XXIV. That every obstruction to the safe and free passage of Obstructions to 
vehicles on the said road and its branches shall be deemed a nublic road deeme<i a 

1 u u i J II /T> 1 ^ public nuisance 

nuisance, and may be abated as such by any officer, agent, or ser- .a^d indictable. 
vant of the company; and the person causing such obstruction may 
be indicted and punished for erecting a public nuisance. 

XXV. That said company shall have the right to take at the n 

, , ,1 i ,f. , , 1 . ., ^ •-'"-' Compensation 

Store houses they may establish on or annex to their railroad, or for storage, &c. 
the branches thereof, all goods, wares, merchandise and produce 
intended for transportation, prescribe the rules of priority, and 
charge and receive such just and reasonable compensation for 
storage as they, by rule, may establish, (which they shall cause to 
be published,) or as may be fixed by agreement with the owner. 
Vol. 13—12 



178 STATUTES AT LARGE 

A. D. I'fis. which may be distinct from the rates of transportation : Provided, 

^"'-y-"^ That the said company shall not charge or receive ctorage on goods,. 

wares, merchandise or pi-oduce which may be delivered to them at 

their regular depositories, for immediate transportation, and which 

the company may have the power of transporting immediately. 

-o *• r XXVI. That any railroad which may hereafter be constructed 

Reservation of , , ^ . •' . i i i t • i 

right to cross by the State, or by any company incorporated by the JLegishiture, 
the road. shall be at liberty to cross the road hereby allowed to be constructed, 

upon a level or otherwise, as may be advantageous: Provided, That 
the free passage of the Columbia and Augusta Railroad is not 
thereby obstructed. 
Division of XXVII. That the profits of the company, or so much thereof as 
pany!**' *'°™" the general Board of Directors may deem advisable, shall, when the 
affairs of the company will permit, be semi-annually divided amongst 
the stockholders in proportion to the stock each may own. 
Capital stock. XXVIII. That the capital stock in the said company, the divi- 
p iM) pTr t y ex'i deuds thereou, and all the property, real and personal, belonging to 
empt from tax- the said company, shall be exempt from taxation by either of. the 
'^ ^"°' States of South Carolina or Georgia, or any corporate or municipal 

police, or other authority thereof, or of any town, city. County or 
District thereof, for the term of fifteen years : Provided, That it 
shall be competent for the Legislature of either of said States, at 
any time after the expiration of the period aforesaid, to impose such 
tax upon the estate, both real and personal, of the aforesaid com- 
pany, as they may deem reasonable and just, not exceeding, how- 
ever, in any event, the tax imposed on the respective citizens of said 
States, on property owned by them of a similar character. 
Original char- XXIX. That the charter heretofore granted to the Columbia and 
ter to continue Hamburg Railroad Company shall continue of force, except in so 

far as it may be repugnant to the provisions of this Act. 
Public Act. XXX. That this Act shall be regarded as a public Act, and may 

be given in evidence as such in all cases without special pleading. 

In the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-three, 
and in the eighty-eighth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
A. P. ALDRICH, Speaker House of Representatives. 



No. 4678. AN ACT to Amexd the Law in Relation to the General 

Staff. 

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

met and sitting in General Assembly, and by the authority of the 

maste^'i^Gencnil same, That the office of Paymaster General be, and the same is 

aboiis'oea, and hereby, abolished, and that the Quartermaster General be, and he 

duties trans-.-; i-i- i ■ ^ i i i- , r. 

ferred. Jcc. IS hereby, charged with its duties; and tliat tlie duties heretofore 
performed by tlie Ordnance Officer be hereafter performed by the 
Arsenal Keepers of Charleston and Columbia, under the super- 
vision of the Adjutant and Inspector General. 



OF SOUTH CAROLINA. 179 

II. That the Adjutant and Inspector General, the Quartermaster ^- ^- iSf'S- 
.General, and the Commissaxy General, be each entitled to one ^""^v""^ 
assistant, with the rank of Captain of Infantry, to be appointed erarsta'ff enti- 
and commissioned by the Governor and Commander-in-Chief, and tied to assist- 
that the Commissary General be authorized to employ one clerk, to '^^ ^' 
receive a salary of fifty dollars per month. 

III. That the pay of the Adjutant and Inspector General, and Compensation 
such other officers of the General Staff as may be assigned and put °/'^ff\^^L® 2-' 

1 1 . 1 /->! 1 /-I ■'.•/->)•/• 11 (jreneral btaft, 

upon duty by the Governor and Commander-in-Chier, and the and their as- 
assistants provided for by this Act, shall, during the continuance of s'^''^'^'^^- 
the, war between the Confederate States of America and the United 
States of America, be the rates of pay and compensation established 
by the Act of the Confederate States and the army regulations of 
the Confederate States, for officers of asimilar grade iu the field, to wit: 
The Adjutant and Inspector General, three hundred and one dollars 
per month ; the Quartermaster General, one hundred and ninety- 
five dollars per month ; the Commissary General, one hundred and 
seventy dollars per month; the Assistants of the Adjutant and 
Inspector General, the Quartermaster General, and the Commissary 
General, one hundred and thirty dollars per month, each. Acts and 

IV. That all Acts and clauses of Acts inconsistent with the pro- ^^f,"!®* 
visions of this Act be, and the same are hereby, repealed. 

In the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty- 
three, and iu the eighty-eighth year of the sovereignty and 
independence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



r e- 
pealed. 



AN ACT TO Grant the Aid of the State to the Shelby No. 4679. 
AND Broad River Railroad Company. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the autnority of the 
same. That whenever satisfactory proof is produced to the Comp- Gene"i™Ho sub- 
troUer General that three hundred thousand dollars are duly gub- scribe to capi- 
scribed by responsible persons or corporate bodies to the capital 
stock of the Shelby and Broad River Railroad Company, and that 
said company has been duly organized, he is hereby authorized to 
subscribe, on the part of the State, three hundred thousand dollars 
to the capital stock of the said company, to be paid iu bonds or 
stocks of the Confederate States of America, bearing interest at the 
rate of six per cent, per annum, or call loan at the par value 
thereof; and that, for the purpose of making such subscription," the Provision for 
Comptroller General be, and he is hereby, authorized to sell of the making sub- 
shares owned by the State in the Greenville and Columbia Railroad ^''"p^'°'^- 
Company, a sufficient amount to raise said sum of three hundred 



180 STATUTES AT LARGE 

A. D. I8(i8, thousand dollars, {Provided, That said shares shall not be sold 
^ below their par value,) to purchase a sufficiency of said bonds, 

or stocks, or call loan, for that purpose, and the same to deposit as 
a special deposit iu the Bank of the State of South Carolina, to be 
subject to his order, and to be applied by him to the payment of 
the said subscription, as hereinafter provided. And that he take, 
in the name of the State, a certificate from the said company for 
the stock so subscribed. 
Conditions of ^I- That the subscription shall be paid in the manner and subject 
payment. to the terms and conditions hereinafter expressed, to wit: "Whenever 

satisfactory proof shall be produced to the Comptroller General 
that ten miles of the said Shelby and Broad River Railroad Com- 
pany has been graded and ready for the superstructure to be laid 
thereupon, he shall transfer and deliver to the said company so 
much of the said Confederate six per cent, stock or bonds, or call 
loan, as shall amount, at its par value, to sixty thousand dollars, 
together with the accrued interest thereupon ; and when similar 
proof shall be produced to the Comptroller General that another 
ten miles of the said road has been graded, and is ready for the 
superstructure to be laid thereupon, he shall transfer and deliver 
to the said company so much of the said Confederate six per cent, 
stock or bonds, or call loan, as shall amount, at its par value, to ' 
sixty thousand dollars, together with the accrued interest thereupon ; 
and when similar proof shall be produced to the Comptroller Gen- 
eral that another ten miles of the said road has been graded, and is 
ready for the superstructure to be laid thereupon, he shall transfer 
and deliver to the said company so much of the said Confederate 
six per cent, stock or bonds, or call loan, as shall amount, at its par 
value, to sixty thousand dollars, together with the accrued interest 
thereupon ; and when similar proof shall be produced to the Comp- 
troller General that another ten miles of the said road has been 
graded, and is ready for the superstructure to be laid thereupon, he 
shall transfer and deliver to the said company so much of the said 
Confederate six per cent, stock or bonds, or call loan, as shall 
amount, at its par value, to sixty thousand dollars, together with 
the accrued interest thereupon ; and when similar proof is produced 
to the Comptroller General that the remaining part of the said road 
has been graded, and is ready for the superstructure to be laid 
thereupon, he shall transfer aud deliver to the said company so 
much of the said Confederate six per cent, stock or bonds, or call 
loan, as shall amount, at its par value, to sixty thousand dollars, 
together with the accrued interest thereupon. 
^ III. That the State shall in no way whatsoever be liable for the 

iordebte, i?c! '^ debts and contracts of the said railroad company, nor be subject to 
any assessment on the shares held in its capital stock. 

In the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-three, 
and in the eighty-eighth year of the sovereignty and inde- 
■ pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
A, P. ALDRICH, Speaker House of Representatives. 



OF SOUTH CAROLINA. 181 

AN ACT TO Establish Certain Roads, Bridges and a. d. 1863.- 

Ferries. "^ ^ 

No. 4680. 

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, Tliat the " Magnetic Iron Company," heretofore chartered Rightto con- 
by the General Assembly, shall have the right and authority to bridge across 
erect and build a bridge across Broad River, near Cherokee Ford, Broad River. 
on said river, with the right to receive such toll for crossing the 
same as is established by "An Act establishing the principles on 
which coaipanies shall be incorporated," passed on seventeenth 
December, eighteen hundred and twenty-seven ; that the said com- 
pany shall not build the said bridge ou the site of the present ford 
of the river, or so as to obstruct the passage through the same; that the 
said company shall have the right and privilege to lay out and open 
roads from both ends of the bridge to the road leading to the ford 
by the shortest and most convenient route, at their own expense, 
and without cost to the State for the right of way to said roads ; 
and when the said bridge and roads shall have been built and 
opened, the same are hereby declared to be a public bridge and 
highway. 

II. That Malcom Erwin be, and he is hereby, authorized and Right to con- 
empowered to build a bridge across Saluda River, at his mills ^*™*;*„ '^Soi'l^o 

1 n 1 Tiir^*liliT*ll\ "Villi 1 •! nCrOSS OalUCltl 

thereon, (formerly called Smith s Mill,) and shall have the right to River, aud 
charge such toll for passing thereon as is established by the Act of op™*™^ ■ 
the General Assembly, ratified on the seventeenth day of December, 
in the year of our Lord one thousand eight hundred and twenty-seven ; 
and shall have the right and authority to lay out and open a road from 
the said bridge to the Greenville road, about two miles long, and 
three-quarters of a mile on the Abbeville side of the river, by the 
nearest and most convenient route, at his own expense, and with- 
out cost to the State for the right of way ; that when the said 
road shall have been finished, it is hereby declared to be a public 
road, and shall be taken under the jurisdiction of the Commissioners 
of Roads. 

III. That the eighteenth Section of an Act entitled " An Act to Eighteenth 
establish certain roads, bridges and ferries," ratified on the seven- Section of Act 

r>-r-w 1-1 /"Ti 1 repealed. 

teenth day or December, in the year or our JLord one thousand 

eight hundred and fifty-five, be, and the same is hereby, repealed ; 

that the Commissioners of Roads for Georgetown District and Commissioners 

Kingston Parish be, and they are hereby, directed and required to controi'road° 

take under their charge and control, the roads mentioned in the mentioued i n 

said Section, lying aud being in their respective jurisdictions, as 

public roads. 

IV. That the Commissioners of Roads for Upper St. George's Power to close 
Parish be, and they are hereby, authorized and empowered to '"°''''^- 
discontinue and close, during the existing war, and for no longer 

time, that part of the river road leading from the lower line of 
Wharton and Petsche's Mill to T. W. Harley's house ; and they 
are hereby authorized and required to open and keep in repair, 
during the present war, and no longer, the road known as " Ross' 
Road," leading from the said river road to the Orangeburg road. 

V. That the ferry across Big Saluda River, in Edgefield District, 



182 STATUTES AT LARGE 

A.D. 18G3. known as Bouknight's Ferry, ou the road known as the Weaver 

'■' '^ ' road, leading from Hamburg to Newberry Court House, be, and the 

fern'°'re-°e*'tab- Same is hereby, re-established, and vested in William Boukuight, 
lished. for the space of twenty-one years, with the rates of toll for cross- 

ing thereon as are established by the Act of the General Assembly, 
passed in December, in the year of our Lord one thousand eight 
hundred and twenty-seven. 
Commissioners VI. That each Commissioner of Roads now in office, or hereafter 
serv^^iUuin''*^^ ^PP*^'"^^^' ^^'^^^ ^®^'^^ ^'^^^^ ^ successor is appointed, and has ac- 
the war. ° cepted. This Section to be in force during the war. 

In the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-three, 
and in the eighty-eighth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



No. 4681. AN ACT to Incorporate the Chicora Importing and Ex- 
porting Company of South Carolina. 



Power to ex- 



l. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
po^tTnd im- same, That A. S. Johnston, G. S. Cameron, T. D. Wagner, and their 
P°^*- associates and successors, be, and they are hereby, made a body 

politic and corporate in law, by the name of " The Chicora Im- 
porting and Exporting Company of South Carolina ;" and the said 
company shall have power to export produce from this State to 
neutral ports, and import into this State from neutral ports, arras, 
munitions of war, and other commodities, and also to bring and 
carry mails and passengers in their vessels. 
. , f II. The capital stock of the said company shall be two millions 

Amount 01 , , •, '■ 1 n n 1 1 1 11 ^.^ 1 • -t c • 

capital stock, two hundred and ntty thousand dollars, with the privilege ot in- 
creasing the same to three million dollars : Provided, Such increase 
shall be agreed to by a majority in number of the stockholders. 
Capital stock, III. The capital stock shall be raised by subscription, in shares 

how raised, &c. ^f ^Qg ^j-iQ^gj^jjjj f],;,]lf^j.s each, but the said company shall not go 
into operation until the said stock, to the amount of at least two 
hundred thousand dollars, has been paid in cash, and an oath or 
affirmation thereof shall have been made and subscribed by the 
President of the company, the Treasurer, and a majority of the 
Board of Directors, which shall be lodged and recorded in the office 
of the Secretary of the State, and shall be published in two news- 
papers of the city of Charleston. 

IV. The affiiirs of the company shall be managed by a Board, 

Board of mana- consisting of a President and four Directors, who shall be elected 

^^"" in such manner and for such periods as the stockholders may 

proscribe. 
Power to sell V. The Said capital stock shall be deemed personal estate, and 

and transfer, the Company may hold such personal property as may be necessary 



OF SOUTH CAROLINA. 183 

for the purposes of their bushiess, and may, from time to time, sell A^^^^^ 
and transfer the same, or any part thereof. i • ,•«• 

VI. The said company may, by its corporate name, be plaintitt Power to ^ake 
or defendant in any Court of law or equity in this State, and may }^^^ - " 
have and use a common seal, and make such by-laws and regula- 
tions for their government as they shall see fit, with full power to 
enforce the due observance thereof upon .their members : Frovided, 
Said laws are not inconsistent with the Constitution and laws ot this 
State and the Confederate States. _ 

VII No part of the capital stock shall at any time be withdrawn ^llf^t/^^^ i^'^" 
by a dividend among the stockholders, until all the debts and liabili- 
ties of the corporation shall have been fully paid off and dis- 
charged. 

In the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-three, 
and in the eighty-eighth year of the sovereignty and inde- 
pendence of tlie State of South Carolina. 

W D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



AN ACT IN Relation to the Southern Express Company, No. 4682. 
AND TO Provide Additional Remedies for the Defaults 
of Common Carriers. 

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 process served on anv agent of the copartnership com- Serriceof in-o- 
panv or firm doing business in this State, under the name and style 
of the "Southern Express Company," shall be sufficient to make 
such copartnership, company, or firm, a party in the Court ot law 
or equity in the District in which such agent may be served. 

XL That on judgment or decree obtained against such copartner- L^^bihty^^^^^^^ 
ship, company or firm, under such process, final process may issue 
to recover satisfaction of such judgment or decree, and any pro- 
perty of the said copartnership, company, or firm, and the in- 
dividual property of anv copartner or member of such partnership, 
company, or firm, found in the State, shall be liable to judgment 
and execution for satisfaction of any such judgment or decree 

III That in any action against any common earner, by railroad Affidavit mny 
or otherwise, whether the same be an incorporated railroad company, [^^„ifg^|'^.;"inrt 
or an incorporated company, or an individual or unincorporated as- common cam- 
sociation of individuals, undertaking to carry, in whole or in part, 
by railroad or otherwise, if the plaintiff shall file with his declara- 
tion a statement on oath of the facts, and of the amount of loss or 
damage sustained, ^a copy of which shall be served as hereinbefore 
provided for the service of process in actions against the Southern 
Express Company,) the said affidavit shall be given to the jury as 



184 STATUTES AT LARGE 

A. D. 1S6-3. evidence in the case : Provided, That the defendant shall be at 
"""^"v^^ liberty, -svithin thirty days thereafter, to file with his plea an affida- 
vit, denying the truth of the same, in which case both affidavits 
shall be submitted as evidence to the consideration of the jury : 
And provided, also, That in addition to the evidence allowed above, 
all common law evidence shall be admitted in said case. 

YV. That when any association of individuals, not having a char- 

mon cnrriei-s"to ^^^ from this State, shall undertake to carry for hii-e by railroad, in 

i.ubii?h names whole or in part, the said individuals are hereby required to publish, 

of parties^^in- iti three newspapers of this State, a correct list, to be sworn to be- 

terested in f^j-g one of the Clerks of Common Pleas and General Sessions in 

this State, of the names and residences of the parties interested in 

the business of carrying, the said list to appear at least once in two 

months during the time they are engaged in said business, and all 

persons thus engaged in the business of common carriers, failing to 

make such publication, shall be deemed guilty of a misdemeanor, 

and liable to indictment. 

In the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-three, 
and in the eighty-eighth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
A. P. ALDRICH, Speaker House of Representatives. 



No. 4683. AN ACT to Amend an Act entitled " An Act to Increase 
THE Fees of Sheriffs for Dieting Persons Confined in 
Jail." 

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

Fees for diet- the Same, That an Act entitled "An Act to increase the fees of 
ing prisoners, gj^gj.jg^^ j-^j. digtjug persons confiued in jail," ratified on the sixth day 
of February, in the year of our Lord one thousand eight hundred 
and sixty-three, be, and the same is hereby, altered and amended 
to read as fol'ows, to wit : That the Sheriffs shall hereafter be en- 
titled to charge and receive, for dieting white persons confined in 
jail, one dollar per day, each ; and for dieting slaves or free persons 
of color, eighty cents per day, each. 

II. That tbis Act shall continue of force until the first day of 
^Limitatiofl of jj^j-^j^^^,^ j^ ^jjg y^^^ ^j- q^j. L.^j-^j ^^q thousand eight hundred and 

sixty-five, and no lougei*. 

In the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty- 
tliree, and in the eighty-eighth year of the sovereignty and 
independence of the titate of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



OF SOUTH CAEOLINA. 185 

AN ACT TO Refund to the Soldiers' Board of Relief a. d. ises. 

FOR Marlboro District Money Advanced by Them. ^^Z^^XTT^ 

No. 4684. 

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 Soldiers' Board of Relief for the District of Marl- ^^^^^^^^^^ 
boro be, and they are hereby, authorized to make an assessment raise am oixnt 
upon the general State tax o'f the said District for the past year, ^^^^^j^rlitioT 
which shall be sufficient to raise the amount expended by the said 
Board for the relief of soldiers' families in said District, over and 
above the amount of the appropriation made by the General As- 
sembly for that purpose; and that the Tax Collectorfor said Dis- 
trict, where furnished with a written order from said Board, do 
collect and ^pay over the sum so assessed to and in relief of the 
said Board, 'on account of money heretofore advanced and expended 
by them for the purposes aforesaid. 

In the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty- 
three, and in the eighty-eighth year of the sovereignty and 
independence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



AN ACT TO Extend an Act entitled " An Act to Continue No. 4685. 
IN Force an Act entitled ' An Act to Authorize Certain 
Building and Loan Associations to Suspend the Call for 
Monthly Instalments/ " During the Present War. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same. That an Act entitled "An Act to continue of force an Act ,^„'^ ''^;|'i'°^^of 
entitled ' An Act to authorize certain building and loan associations force. 
to suspend their call for monthly instalments,' " ratified on the sixth 
day of February, in the year of our Lord one thousand eight hun- 
dred and sixty-three, be, and the same is hereby, re-enacted and 
made of force, until the close of the war between the Confederate 
States and the United States of America, and until the next regu- 
lar session of the Legislature of this State thereafter. 

la the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty- 
three, and in the eighty-eighth year of the sovereignty and 
independence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



186 STATUTES AT LARGE 

A. D. i8fl3. AN ACT TO Authorize the Tax Collectors of Beaufort 
y ' District to Pay Over to the " Soldiers' Boards of Re- 
No. 4686, lief " Certaix Funds in their Hands. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
?equlmUop!'.''y ^^™6' ^hat the Tax Collectors of the several Parishes in Beaufort 
over funds in District be, and they are hereby, authorized and required to pay 
proporUon'' ^ver and dit^tribute among the "Sohiiers' Boards of Relief" of the 
contributed. different Parishes of Beaufort District, in the proportion contribu- 
ted by each Parish, any funds now in hands, collected and deposited 
there by order of the late Provost Marshal of said District, to be 
disbursed by said Boards for the benefit of soldiers' families : Pro- 
vided, however, That all claims lawfully payable therefrom be first 
satisfied. 

In the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty- 
three, and in the eighty-eighth year of the sovereignty and 
independence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



No. 4687. AN ACT to Alter the Law in Relation to the Election 

of District Officers. 

I. Be it enacted by the Senate and House of Representatives, 
now met and sitting in General Assernblv, and by the authority of 
Sgcdl""^'"" the same. That from and after the first day of February next 
ensuing after the ratification of this Act, elections for all District, 
officers, who are elected by the people, shall be held on Tuesday, 
instead of Monday, as heretofore. 
Duty of Mana- ^^- That in all elections held in this State, it shall be the duty of 
gers. the managers of elections to keep the polls open for the reception 

of votes from 9 o'clock A. M. to 4 o'clock P. M., and immediately 
after closing the polls the said managers shall proceed to count the 
votes, as is now required by law in other elections. 

In the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-three, 
and in the eighty-eighth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

AV. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. , 



OF SOUTH CAROLINA. 187 

AN ACT TO Alter and Amend the Charter of the Cheraw ^- ^- ^^^^; 

AND Darlington Railroad Company. 7 "CZc, 

No. 4688. 

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 Section five of an Act entitled "An Act to charter J^^^f^^efd^e"!?^ 
the Cheraw and Darlington Railroad Company," ratified the nine- 
teenth day of December, in the year of our Lord one thousand 
eight hundred and forty-nine, be amended so as to read as follows, 
to wit : That all the powers, rights and privileges granted by the 
charter of the Northeastern Railroad Company are hereby granted 
to the Cheraw and Darlington Railroad Company, and subject to 
the conditions therein contained, except as to the amount of capital 
stock, and except in so far as the special provisions of this Act may 
otherwise require the same to be modified or varied. 

IL That there shall be elected, annually, a President and ten ^Ejecdon of 
Directors, who shall be eligible from the body of stockholders, irre- ° °^^^' . 
spective o-f the amount of stock or time of holding the same, in 
the manner prescribed by the third Section of the Act incorporating 
said Northeastern Railroad Company. 

HI. That this charter shall in no wise be subject to the provi- ^^Charter ^no 
sions of the forty-first Section of the Act of the General Assembly viousiaw. 
of South Carolina, passed on the seventeenth day of December, in 
the year of our Lord one thousand eight hundred and forty-one. 

In the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-three, 
and in the eighty-eighth year of the sovereignty and indepen- 
dence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives, 



not 



AN ACT TO Incorporate the Charleston Importing and No. 4689. 
Exporting Company. 

I. Be it enacted by the Senate and House of Representatives, now 
raet and sitting in General Assembly, and by the authority of the same, 
That Henry Cobia, Alonjo J. White, C. L. Burkrayer, L. D. l^J^^\^i f^I 
Mowry, and their associates and successors, be, and they are hereby, port. 
made a body politic and corporate in law, by the name of " The 
Charleston Importing and Exporting Company ;" and the said 
company shall have power to export produce from this State to 
neutral ports, and import into this State, from neutral ports, arras, 
munitions of war, and other commodities, and also to bring and 
carry mails and passengers in their vessels. 

IL The capital stock of the said company shall be two millions Amount o f 
of dollars, with the privilege of increasing the same to three mil- 
lions dollars : Provided, Such increase shall be agreed to by a ma- 
jority in number of the stockholders. 



188 



STATUTES AT LARGE 



A. D. 1863. 



Capital stock, 
how raised. 



Board of Man- 
agers. 



Power to ?ell 
and transfer 
stock. 



Power to make 
laws and regu- 
lations, <fec. 



Debts and lia- 
bilities. 



III. The capital stock shall be raised by subscription, in shares 
of one thousand dollars each ; but the company shall not go into 
operation until the said stock, to the amount of at least two hun- 
dred thousand dollars, has been paid in cash, and an oath or affirma- 
tion thereof shall have been made and subscribed by the President 
of the company, the Treasurer, and a majority of the Board of 
Directors, "which shall be lodged and recorded in the office of the 
Secretary of State, and be published in two newspapers of the city 
of Charleston. 

IV. The affairs of the company shall be managed by a Board 
consisting of a President and four Directors, who shall be elected 
in such manner, and for such periods, as the stockholders may 
prescribe. 

V. The said capital stock shall be deemed personal estate, and 
the company may hold such personal property as may be necessary 
for the purposes of their business, and may, from time to time, sell 
and transfer the same, or any part thereof. 

VI. The said company may, by its corporate name, be plaintiff 
or defendant in any Court of law or equity in this State, and may 
have and use a common seal, and make such by-laws and regula- 
tions for their government as they shall see fit, with full power to 
enforce the due observance thereof upon their members : Provided, 
Said laws are not inconsistent with the Constitution and laws of this 
State and the Confederate States. 

VII. No part of the capital stock shall at any time be withdrawn 
by, or divided among, the stockholders, until all the debts and 
liabilities of the corporation shall have been fully paid off and 
discharsced. 



In the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-three, 
and in the eighty-eighth year of the sovereignty and indepen- 
dence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



No. 4690. AN ACT to Incorporate the Consolidated Steamship Com- 
pany OF Charleston. 



Power to 
port and 
port. 



Amount 
capital. 



of 



I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, That William Ravenel, G. W. Williams, W. B. Heriot, and 
their associates and successors, be, and they are hereby, made a 
body corporate and politic in law, by the name of " The Consol- 
idated Steamship Company of Charleston ;" and the said company 
shall have power to export produce from this State to neutral 
ports, and import into this State, from neutral ports, arms, muni- 
tions of war, and other commodities, and also to bring and carry 
mails and passengers in their vessels. 

II. The capital stock of the said company shall be two millions 
and fifteen thousand dollars. 



OF SOUTH CAROLINA. 189 

III. The capital stock shall be raised by subscription, in shares ^- ^- 1863. 
of one thousand dollars each; but the company shall not go into '""^v^-' 
operation until the said stock, to the amount of at least two hun- howrlLed"*'^' 
dred thousand dollars, has been paid in cash, and an oath or 
affirmation thereof shall have been made and subscribed by the 
President of the company, the Treasurer, and a majority of the 

Board of Directors, which shall be lodged and recorded in the 
office of the Secretary of State, and be published in two newspa- 
pers of the city of Charleston. 

IV. The affairs of the company shall be managed by a Board, Board of Man- 
consistiug of a President and four Directors, who shall be elected °'^^^^- 

in sucb manner and for such periods as the stockholders may 
prescribe. 

V. The said capital stock shall be deemed personal estate, and Power to sell 
the company may hold such personal property as may be necessary '^"'" transfer. 
for the purposes of their business, and aiay, from time to time, sell 

and transfer the same, or any part thereof. 

VI. The said company may, by its corporate name, be plaintiff Power to make 
or defendant in any Court of law or equity in this State, and may iatlons!'^Ji:c!'^"' 
have and use a common seal, and make such by-laws and regula- 
tions for their government as they shall see fit, with full power to 

enforce the due observance thereef upon their members: Provided, 
Said laws are not inconsistent with the Constitution and laws of 
this State and the Confederate States. 

VII. No part of the capital stock shall, at any time, be with- Debts and lia- 
drawm by dividend among the stockholders, until all the debts and •^^^'ti^^- 
liabilities of the corporation shall have been fully paid off and dis- 
charged. 

In the Senate House, the seventeenth day of December, in the year 
of our Lord one thousand eight hundred and sixty-three, and 
in the eighty-eighth year of the sovereignty and indepen- 
dence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



AN ACT TO Incoeporate Certain Religious and Charita- No. 4691. 
BLE Societies, and to Renew and Amend the Charters op 
Others Heretofore Granted. 

I. Be it enacted by the Senate and House of Representatives, 
now met and sitting in General Assembly, and by the authority of 
the same, That James W. Black, Joel J. Cunningham, J. Wm. ^^l^tie Moun- 
Power, Benjamin W. Williams and John Cunningham, Trustees of bTt e'r i alT*" 
Little Mountain O. S. Presbyterian Church, of Abbeville District, Cliurch. 
and their successors in the said office, appointed from time to time, in 
conformity with the rules and discipline of the said church, be, and 
they are hereby, created a body politic and corporate, under the 
name and style of Little Mountain O. S. Presbyterian Church, for 
the period of twenty-one years from the ratification of this Act ; 



190 STATUTES AT LARGE 

A. D. 1863. aud shall have power to have and use a common seal, to sue and be 
**''~v-~~' sued, plead and be impleaded, in any Court of this State ; to make 
all by-laws necessary and proper for the purposes of said corpora- 
tion, not repugnant to the laws of this State. That all real estate 
within the limits of Abbeville District, acquired by the said church, 
for the benefit thereof, by gift, purchase, devise or exchange, be 
vested in the Board of Trustees, aud their successors in office; to 
hold other real estate and personal property to an amount not ex- 
ceeding tea thousand dollars, and the same to alien, lease or trans- 
fer, and in general to exercise and enjoy all the powers and privi- 
leges incident to such corporations. 
Rock Church. H. That the charter heretofore granted to " Rock Church," in 
Abbeville District, be, and the same is hereby, renewed aud ex- 
tended for a period of twenty-one years from the day on which the 
said charter, according to its present limitation, will expire : That 
James Gillam, James Baily and Robert H. Mounce, be, and are 
hereby, appointed to act as Trustees of said corporation, with power 
to hold real and personal estate to the amount often thousand dol- 
lars, exclusive of the lot and buildings of the Presbyterian Church 
in Greenwood, now owned by them, and with all the rights, powers 
and privileges heretofore granted to said corporation. 
Walterbor- Hi. That the charter heretofore granted to the " Walterborough 
A^ademj^^^ ^ Male Academy," be, and the same is hereby, renewed and extended 
for twenty-one years, with all the rights, powers, privileges and im- 
munities heretofore granted to said corporation. 
Ursuiine Com- IV. That the UrsuHnc Ladies of Columbia, be, aud they are 
munity of Co- hereby, created a body politic and corporate, under the name and 
style of the " Ladies' Ursuiine Community of Columbia," for the 
period of twenty-one years from the ratification of this Act ; and 
shall have power to have and use a common seal, to sue and 
be sued, plead and be impleaded in any Court of this State, to 
make all by-laws necessary and proper for the purposes of said 
corporation not repugnant to the laws of this State ; to hold real 
and personal estate to an amount not exceeding ten thousand dol- 
lars over and above what may be necessary for the purposes of 
their institution, and with power to sell, alien or transfer the same, 
or any part thereof. 
Aiken Mutual ^- That the officers and members of " The Aiken Mutual Relief 
Ruiiei Associa- Association," be, and are hereby declared to be, a body politic aud 
^'°"' corporate, by the name and style of the " Aiken Mutual Relief As- 

sociation," with all the rights, powers, privileges and immunities 
usually incident to such corporations, with a capital not exceeding 
thirty thousand dollars, unless the same shall be increased by the 
Board of Directors of the said Association : Provided, hoicever, 
That the capital thereof shall not be increased beyond the sum of 
sixty thousand dollars. 
Missionary So- VI. That the Annual Conference and Missionary Society of the 
sleuth CaroHna South Carolina District Methodist Protestant Church be,and thesame 
Methodist are hereby, incorporated, by the name of the Annual Conference 
Church?^ ^ "" °^ and Missionary Society of the South Carolina District Methodist Pro- 
testant Church, aud their successors, for the term of twenty-one 
years, with all the rights, powers and privileges incident to like 
bodies corporate aud politic. 



OF SOUTH CAROLINA. ■ 191 

VII. That J. L. Reynolds, P. A. McMicliael, T. W. Mellichamp, A. D. 1863. 
A. K. Craig, L. C. Hinton, Johu C. Kennedy, and their associates ^^ — '^ — ' 
and successors, be, and are hereby, declared a body politic and cor- pemW^lca- 
porate, under the name and style of the " Blythewood Female demy. ^ 
Academy," in Fairfield District, for the period of twenty-one years 
from the ratification of this Act, with power to sue and be sued, 
plead and be impleaded, to hold real and personal estate to an 
amount not exceeding fifty thousand dollars, and with all the rights, 
powers, privileges and immunities incident to such like corpora-' 
tions. 

In the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-three, 
and in the eighty-eighth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



AN ACT TO Amend an Act entitled " An Act to Charter No 4692. 
THE Shelby and Broad River 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 to charter the Shelby and Broad River capital stock 
Railroad," passed on the eighteenth day of December, in the year increased. 
of our Lord one thousand eight hundred and sixty-two, be, and the 
same is hereby, amended, so as to allow the company ' thereby 
chartered to increase the capital stock of said company to the Privilege to in- 
amouut of one million five hundred thousand dollars, and to 'of DirectoS''"'' 
increase, at their discretion, the number of Directors constituting 
the Board to thirteen. 

II. That the fifth Section of the said Act to charter the Shelby Fifth Section of 
and Bioad River Railroad be amended so as to read as follows : ^^'* amended. 
The said company are hereby authorized to construct a railroad 

from such points on the Spartanburg and Union Railroad, the 
King's Mountain Railroad, the Greenville and Columbia Railroad, 
or the Charlotte and South Carolina Railroad, as the stockholders 
of the company hereby incorporated may hereafter select, towards 
and unto the North Carolina line, and such route as may be 
determined by the company, leading to the Wilmington, Charlotte 
and Rutherford Railroad in North Carolina, at or near the villa'j-e 
of Shelby, in said State ; and that, for the purposes aforesaid, s3l 
the rights, powers and privileges conferred on the Charlotte and 
South Carlina Railroad Company, by an Act entitled " An Act to 
charter the Charlotte and South Carolina Railroad Company." 
passed in the year of our Lord one thousand eight hundred and 
forty-six, in connection with an Act amendatory thereof, entitled 
" An Act to produce couformity in the charters granted to the 
Charlotte and South Carolina Railroad Company, by the States 
of North and South Carolina," are hereby conferred on the Shelby 



192 STATUTES AT LARGE 

A. D. 1863. and Broad River Railroad Company, and subject to the conditions 

"""^Y-^^ and restrictions contained iu said Acts, except in so far as the 

special provisions of the charter of the Shelby and Broad River 

Railroad may require the same to be modified or varied. 

Authority to III. That the said Shelby and Broad River Railroad Company 

branches.^ "^ *^ be, and it is farther, authorized to construct branches of not more 

than ten miles in length, to such points near the route of the said 

railroad as may be deemed expedient. 

In the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty- 
three, and in the eighty-eighth year of the sovereignty and 
independence of the State of South Carolina. 

W. D. PORTER. President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



No. 4693. AN ACT to Incorporate the Batesville Manufacturing 

Company. 

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

Company i n- the same. That Theodore D. Wagner, James H. Taylor, James 
ji 1)01.1 e . Montgomery, and their associates and successors, are hereby made 
and created a body politic and corporate in law, by the name of 
the Batesville Manufacturing Company, for the purpose of manu- 
facturing by spinning, weaving, bleaching, dyeing, printing and 
finishing all goods of which cotton, wool, or other fibrous products, 
may form a part, and procuring or making machinerj^ for such 
purposes, and also for the transaction of such business connected 
therewith as may be deemed necessary, and may erect such mills, 
machine shops, or other works, as may be deemed requisite to carry 
on successfully their said manufactures, with a present capital of 
three hundred and fifty thousand dollars, with the right and 
privilege to increase the same to one million of dollars. 

May hold real II. That said cori)oration may purchase and hold such real estate 
as may be required for their purposes, or such as they may deem it 
for their interest to take in settlement of any debts due them, and 
may dispose of the same, and may sue and be sued in all the Courts " 
of law or equity in this State, may have and use a common seal, 
and make such by-laws for their regulation and government, not 
inconsistent with the Constitution and laws of the Confederate States 
and of this State, as they shall deem necessary, and the said corpo- 
ration shall have, generally, all the rights, powers and privileges in 
law incident or appertaining to corporations. 

In the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-three, 
and in the eighty-eighth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
A. P. ALDRICH, Speaker House of Representatives. 



estate, iVc. 



OF SOUTH CAROLINA. 193 

AX ACT TO Incorporate the Southern Importing and Ex- -^- ^- 1*'"- 
PORTING Company. '^" v— -^ 

No. 4G94. 

I. Beitenadedhj the Senate and House of Represeutatives, now 
met and sitting in General Assembly, and by the authority of the 

same, That James W. Brown, John R. Dukes, Robert D. White, Comixmy in- 
James IMcKay and T. B. Trout, and their associates and successors, corponuel. 
■ be, and they are hereby, made a body politic and corporate in law, 
by the name of the Southern Importing and Exporting Company ; 
and the said company shall have power to export produce from this p 
State, or any of the Conf;.Hierate States, to neutral ports, and import port and im- 
into this State, or any of the Confederate States, from neutral ports, ^°^''^' '^'^' 
arms, munitions of war, and other commodities, and also to bring 
and carry mails and passengers in their vessels. 

II. The capital stock of said company shall be two hundred and Amoimt of 
twenty thousand dollars, with the privilege of increasing the same "^'^^""^^ 

to five hundred thousand dollars. 

I [I. The capital stock shall be raised by subscription in shares of Capital stock, 
one thousand dollars each, but the said company shall not go into towraisea. 
operation until the said stock, to the amount of at least two hun- 
dred thousand dollars, has been paid in cash, and an oath or affir- 
mation thereof shall have been made and subscribed by the Presi- 
dent of the company, the Treasurer and a majority of the Board of 
Directors, which shall be lodged and recorded, and be published in 
two newspapers of the city of Charleston, 

IV. The afiairs of the company shall be managed by a Board Board of Man- 
consisting of a President and four Directors, who shall be elected -^s'^''^- 

in such manner and for such periods as the stockholders may pre- 
scribe. 

V. The said capital stock shall be deemed personal estate, and Company to 
the company may hold such personal property as may be necessary pi-operty?* '^^'^^ 
for the purposes of their business, and may, from time to time, "sell 

and transfer the same, or any part thereof. 

VI. The said company may, by its corporate name, be plaintiff Company to 
or defendant in any Court of law or equity in this State, and may aruh^e^uia'tioos 
have and use a common seal, and may make such by-laws and 
regulations for their government as they shall see fit, with full power 

to enforce the due observance thereof upon their members: Pro- 
vided, Said laws are not inconsistent with the Constitution and laws 
of this State or of the Confederate States. 

VII. No part of the capital stock shall at any time be withdrawn Division of 
by, or divided among the stockholders, until all the debts and capital stock. 
liabilities of the said corporation shall have been fully paid off and 
discharged. 

In the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-three, 
and in the eighty eighth year of the sovereignty and indepen- 
dence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
A. P. ALDRICH, Speaker House of Representatives. 

Vol. 13—13 



194 STATUTES AT LARGE 

A. D. 1863. AN ACT TO Amend the Charter of the Edisto axd Ashley 
^~"~Y— — ^ Canal Company. 

No. 4695. 

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'^icf afterea inc'orporate the Edisto and Ashley Canal Company, ratified on the 
and amended, sixth day of February, in the year of our Lord one thousand eight 
hundred and sixty-three, be, and the same is hereby, so altered and 
amended that it shall be lawful for the Commissioners therein 
named to open books for subscriptions to the capital stock of said 
company on the first Monday of each month, between the hours of 
nine in the forenoon and three in the afternoon, until they shall 
ascertain that a sufficient number of shares have been sub.-jcribed to 
authorize the organization of the company. 
Eighth Section U. That SO much of the eighth Section of the said Act as pro- 
of Act repealed liihits the company from impo.sing a rate of toll, " not exceeding at 
any time ten per centum per annum on the money which they shall 
have expended in making and keeping in repair said canal," and 
which requires them to submit their books, with a written statement, 
on oath, of the expenses of keeping said canal in repair, and the 
rates of toll, annually, to the Legislature, be, and the same is 
hereby, repealed. 

In the Senate Honse, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-three, 
and in the eighty-eighth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



No. 4696. AN ACT to Combine the Offices of the Clerk of the Court 
OF Common Pleas and General Sessions and Register of 
Mesne Conveyances for Georgetown District. 

L Be if enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
Offices com- Si^^i^, That from and after the pas.sage of this Act the duties of 
bined, and offi- Register of Mesne Convevances for Georgetown District shall at- 
Cicrk of^Comf tach to the oflice of Clerk of the Court of Common Pleas and 
extended. General Sessions for said District, and the ofiicial bond of the 

Clerk, as now required by law, shall extend to the faithful perform- 
ance of the additional duties hereby imposed. 

In the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty- 
three, and in the eighty- eighth year of the sovereignty and 
independence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



OF SOUTH CAROLINA. 195 

AN ACT TO Amend the Charter of the Carolina Cotton a. d.isgi. 
AND Woolen Factory. ^— ,,^— -^ 

No. 4697. 
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 first Section of an Act entitled " An Act to incor- Eighth Section 
porate the Carolina Cotton and Woolen Factory," ratified on the fn^rea^sYng 
eighteenth day of December, in the year of our Lord one thousand capital stock. 
eight hundred and sixty-two, be, and the same is hereby, altered 
and amended so as to increase the capital stock thereof from one 
hundred and fifty thousand dollars, as therein provided, to any sum 
not exceeding one million of dollars. 

In the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty- 
three, and in the eighty- eighth year of the sovereignty and 
independence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



AN ACT TO Authorize the Clerk of the Court for Marl- No. 4698. 
BOROUGH District to Draw Juries for the Next Term of 
the Court During Vacation. 

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 Clerk of the Court of Common Pleas and General cierk of Court, 
Sessions for Marlborough District be, and he is hereby, authorized, j ll"^ '^urie's^' *" 
together with the SheriflT of said District, to draw, during vacation, 
the necessary juries for the next regular term of said Court, in the 
manner now provided by law for drawing such juries in open Court, 
in cases where the Judge fails to attend during the term. 

In the Senate House, the seventeenth day of December, in the 
year of our Lord one thousand eight hundred and sixty- 
three, and in the eighty-eighth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

A. P. ALDRICH, Speaker House of Representatives. 



AN ACT to Raise Supplies for the Year Commencing in No. 4699. 
October, one Thousand Eight Hundred and Sixty-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 a tax for the sums, and in the manner hereinafter 
mentioned, shall be raised and paid into the Treasury of this 



196 STATUTES AT LARGE 

A.D. 1864. State, for the use and service thereof, that is to say : Six dollars ad 

"■ Y ' valorem on every hundred doUars of the value of all lands granted 

in this State, according to the existing classification, as heretofore 
Land?, established ; four dollars per head on all slaves : Provided, That all 
lands or slaves in this State now in possession or under the control 
Slave?, of the enemy, and also such slaves as may have come into the 
possession of the enemy before the first day of April next, or such 
lands as shall have been abondoned by the owners, in consequence 
of the action of the military authorities, before the first day 
of April next, shall be exempted from taxation ; ten dollars on 
each free negro, mulatto, or mestizo, between the ages of 
fifteen and fifty years, except such as shall clearly be proved to 
the satisfaction of the Collector to be incapable, from wounds or • 
otherwise, of procuring a livelihood, and except those whouoware, 
or have at any time since the first day of October, in the year of 
our Lord one thousand eight hundred and sixty-three, been in the 
service of the army of this State or of the Confederate rttates, as 
laborers or otherwise, in the existing war ; one dollar and fifty 
cents ad valorem on every hundred dollars of the value of all lots, 
lands and buildings within any city, town, village or borough of 

anfUjuiidhfj!' this State : Provided, That no tax sliall be levied on lots, lands 
and buildings within any city, town, village or borough in the State 
which have passed into the possession or under the control of the 
enemy, nor upon the property in the city of Charleston to the 
southward and eastward of the following lines, to wit : From Cooper 

Charlest'on ex- River through the centre of the following streets, to wit: Chapel 

empted. g^^^i JqIjh Streets to Meeting Street, through Meeting to Hudson, 

through Hudson to King, through King to Calhoun, through Cal- 
houn to St. Philip, through St. Philip to Green, through Coming to 
±}ull, through Bull toPitt,through Pitt to Montague, through Monta- 
gue to Rutledge. through Rutiedge to Broad, and through Broad to 
channel of Ashley River: Provided, That all property in the city 
of Charleston purchased since the first day of January, one thou- 
sand eight hundred and sixty-three, shall pay full tax ; nor upon 
any of those lots, lands or buildings within any city, town, village 
or borough, the buildings on which have. been chiinagsd by the shot 
or shell of the enemy, or which may pass into the possession or 
Factorn^e, under the control of the enemy before the first of April next; nine 

employments. fi(^]];ii.g p^j. hundred dollars on factorage, employments, including 
persons engaged in inland navigation by steam and sail boats, steam 
saw mills, hotel keepers, keepers of boarding houses and restaurants, 
and other eating house keepers, keepers of bar rooms, and lime and 
charcoal burners ; and five dollars per hundred dollars on faculties 
Pj^^^j^^jg^j^j^^j and professions, including the profession of dentistry, whether in 

professions.' the profession and employment of law or equity the profits be de- 
rived from the costs of suits, fees or other sources of professional in- 
come, except clergymen, school masters, school mistresses and me- 
chanics; ten dollars and fifty cents on every hundred dollars on the 
Commissions, amount of commissions received by vendue-masters and commission 
merchants; two dollars per hundred dollars on the capital stock 
paid in on the first of October, one thousand eight hundred and 
Bank stock, gixty-four, of all banks which, for their present charters, have not 
jjaid a bonus to the State; ten dollars per hundred dollars on the 



OF SOUTH CAROLINA. 197 

capital stock of any bank of issue not incorporated by this State, A. D. 18(34. 
paid in on the first day of October, one thousand eight hundred and '^ y-""^ 
sixty-four, doing business by agents within the Jimits of this State ; 
two'doUars and fifty cents per hundred dollars on the capital stock .• „ . ,i 

of all incorporated importing and exporting companies, and on the Exporting, Ex - 
capital employed by unincorporated companies and individuals in mess and In- 
importing and exporting, and all incorporated and uniucorporatea panics, 
express companies or express firms — said stock and capital to be 
taxed upon its market value upon the first day of Octol)er last — 
said value to be decided by the Comptroller General ; fifteen per 
centum upon all premiums taken in this State by incorporated 
insurance companies, and by the agencies in this State acting in 
behalf of insurance companies and underwriters without the limits 
of this State ; three dollars and fifty cents on every hundred dol- Goods, wares 
lars of the amount of sales of goods, wares and merchandise, em- |?'J_ merchan- 
braciug all articles of trade for sale, barter or exchange, (the pro- 
ducts of this State and the unmanufactured products of any of the 
States of the Confederate States, when sold by the producer, ex- 
cepted,) which any person shall have made from the first day of 
January, in the year of our Lord one thousand eight hundred and 
sixty-four, to the first day of January, in the year of our Lord one 
thousand eight hundred and sixty-five, either on his, her or their 
capital, or borrowed capital, or ou account of any person or persons 
as agent, attorney or consignee ; ten dollars upon every hundred 
dollars of the amount of sales of goods, wares and merchandise 
whatever which any transient person, not resident in this State, Tmnpient mer- 
shall make in any house, stall or public place, whether the said sale 
be made by sample or otherwise ; one hundred and twenty dollars a 
day ou all circus exhibitions; eighty dollars per day for represent- 
ing publicly for gain and reward any play, comedy, tragedy, inter- 
lude or farce,, or other employment of the stage, or any part therein, 
or for exhibiting wax figures, or other shows of any kind whatever, 
to be paid into the hands of the Clerks of the Courts, respectively, 
who shall be bound to pay the same into the Treasuries of the State Moneys inves- 
of South Carolina, except in cases where the same is now required ted. 
by law to be paid to incorporations or otherwise ; one per cent, ou 
all moneys loaned, moneys at interest, all moneys invested in the 
stocks or" bonds of any individual, State or corporation, other than 
bonds or stocks of this State or of the Confederate States, and 
other than the stocks of the banks and railroad companies of this 
State, and other than the stocks of other companies whose capitals 
are taxed by this' Act : Provided, Such railroad companies carryall 
packages over their roads free of charge to the Central Association ^ Commercial 
in Columbia, to be by them forwarded to the soldiers in the army; 
fifteen dollars for every hundred dollars of gross receipts of all 
commercial agencies within the limits of this State ; two dollars on 
every pack of playing-cards sold in this State; two hundred dollars Piayi^ig cards. 
upon every billiard table within this State, used to and for the pur- Billiard tables. 
pose of raising revenue therefrom. 

II. All taxes levied on property, as prescribed in the first Section pijy^bie°^'^^'^"' 
of this Act, shall be paid to the Tax Collector for the tax Dis- 
trict in which said property is located : Provided, That where 
negroes have been removed from any District or Parish, by reason 



198 STATUTES ^.T LARGE 

A. D. 1864. of iiiQ dangers arising from the invasion or occupation thereof by 
the enemy, it shall be lawful to pay the taxes upon the same to the 
Tax Collectors of the Districts or Parishes from which said negroes 
were removed. That all taxes levied on property in this State, 
during the continuance of the war between the Confederate and the 
United States of America, may be paid in Confederate notes or 
other current funds. The commissions to be received by the various 
Tax Collectors of this State for the year commencing on the first 
day of October, one thousand eight hundred and sixty-four, shall 
be at the rate of thirty per centum of the commissions now allowed 
them by law, except such Districts and Parishes where, by such re- 
duction, the Tax Collector will receive less than eight hundred dol- 
lars per annum. 
Police taxes, HI- The Tax Collectors in the the several Districts and Parishes 
returns of. Jq ^j^jg gfate, in their returns hereafter to be made, are hereby 
required and enjoined to state the percise amounts of taxes collected 
by them for 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 total amount of commissions received by each and every 
of such Tax Collectors, and the rate per centum of his commissions, 
and the Comptroller General shall return the same in his report. 
Returns of ^^^- Free negroes, mulattoes and mestizoes are hereby required 
free negroes, to make their returns and pay their taxes during the month of 
April ; and the Tax Collector of St. Philip's and St. Michael's is 
allowed until the month of June to receive the taxes of white 
persons. 
Sullivan's Is- V. The lots and houses on Sullivan's Island shall be freed from 
land exempted taxation during the existing war between the Confederate and the 
United States of America, the same being used by the troops of 
the Confederate States, or by the works for defense. 
Time of coiiee- VI. That the Tax Collectors be authorized to extend the tine 
tion extended, ^^j, ^.j^g receipt, and also for the payment of taxes, and also for the 
payment thereof into the Treasury of this State, for a period of 
thirty days beyond the periods therefor hitherto fixed by law. 
Commissions VII. That the Tax Collectors whose commissions were paid in 
ors. ^^ ° ^'^^' the ok' issue of Confederate Treasury notes after the first of April, 
one thousand eight hundred and sixty-four, are hereby declared to 
be entitled to payment out of the Treasury for the loss sustained 
by them by reason of the tax of thirty-three and one-third per 
cent, levied on the said notes by the Confederate Government; and 
the Comptroller General is hereby authorized to draw upon the 
Treasury in favor of the said Tax Collectors for the amount 
due to them respectively under this provision. 
State Auditor VIII. That the State Auditor shall prepare and present for 
claims agiiinst adjustment and settlement all claims of this State against the Con- 
erate ^Gove'rn- federate States, and all other claims of the State arising out of the 
ment. existing war, or which may be referred to hira by the Governor, 

and shall receive all moneys that may be acknowledged and paid 
by the said Government of the Confederate States, or by other par- 
ties on account of the said claims, and deposit the moneys so 
received in the Treasury of the State, together with a particular 
account thereof, and make a report thereon to the Legislature at 
the reerular session next succeeding the date of the said settlement. 



OF SOUTH CAROLINA. 199 

IX. That iu order to relieve the burden of taxation, the net ^- ^- 1*''^- 
profits of the Bank of the State for the last fiscal year, amounting ^ -' 
to eight hundred and eighty-three thousand and fifty-five dollars ^^^ ^of^*tho 
and seventy-six cents, be used toward the payment of the appro- State applied 
priations made by this General Assembly at its present session, and taxes. 

that a sufficient amount of railroad stocks now held by the State, 
to be selected by the President of the bank, be, and the same is 
hereby, pledged to the bank at the present value of the said stocks, 
as a security for the profits so used. 

X. That the President of the Bank of the State and Comptroller 
General be, and they are hereby, authorized to raise, temporarily, 
and in such manner as they may deem proper (other than by the 
issue of State bonds,) any amount that may be required to meet 
the demands upon the Treasury before the payment of the taxes, 
and in anticipation thereof. 

In the Senate House, the twenty-third day of December, in the 
year of our Lord one thousand eight hundred and sixty- 
four, and in the eighty-ninth year of the sovereignty and 
independence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

R. B. BOYLSTON, Speaker House of Representatives. 



AN ACT TO Make Appropriations for the Year Com- No. 4700. 
MENCiNG IN October, One Thousand Eight Hundred and 
Sixty-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, appro- j, . f • - i . 
priated for the payment of the various officers and expenses of the partment. 
State Government, that is to say : In the Executive Department : 
For the salary of the Governor, three thusand five hundred 
dollars; for the Private Secretary of the Governor, fifteen hundred 
dollars; for the Clerk of the Governor, nine hundred dollars ; for 
the rent of the Governor's house, twelve hundred dollars; for the 
Messenger of the Governor, two hundred and fifty dollars; for the 
Contingent Fund of the Executive Department, ten thousand 
dollars, to be subject to the draft of the Governor, and to be 
accounted for, annually, by him, to the Legislature. 

II. In the Legislative Department : For the pay of the members Legislative de- 
pf the Legislature, and the Attorney General and the Solicitors, partment. 
during the present session, and of the Committees appointed to 

inspect the Bank of the State and its Branches, twenty-five thou- 
sand dollars, if so much be necessary; for the salaries of the 
Clerks of the Senate and House of Representatives, twenty- four 
hundred dollars — and to the said Clerks, for the services of two 
Assistant Clerks, two hundred and fifty dollars for the Clerk of the 



200 STATUTES AT LARGE 

A. D. 1SG4. Senate, and two hundred and fifty dollars for the Clerk of the 

*^ ^' ' House ; for the salaries of two Messengers and two Doorkeepers, 

each two hundred and fifty dollars; 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 Repre- 
sentatives, each two hundred and fifty dolhirs; for the services of 
the Engrossing Clerks, to be paid under the direction of the Presi- 
dent of the Senate and of the Speaker of the House of Represen- 
tatives, six hundred dollars; for the Printers of the Senate and 
House of Representatives, in pursuance of the contracts made by 
the Committees of both Houses, thirty-five thousand dollars, if so 
much be necessary, for the printing executed by the said Printers 
during the present session of the Legislature, the same to be paid to 
them as soon as the amounts of said contracts shall be ascertained 
by the Treasurer of the Upper Division ; for the Printer, for print- 
ing in pamphlet form the Acts and Journals of both Houses, 
Reports and Resolutions agreed to, the Governor's Messages, 
Reports of the Resident of the Bank, Comptroller General, and 
State Auditor, with the accompanying documents, and such like 
papers, thirty-two thousand five hundred dollars, if so much be 
necessary: Provided, The number of copies specified in the pro- 
posals of the Printers, as accepted by the Legislature, shall be 
printed and deposited in the office of the Treasury of the 
L^pper Division before the first day of March next, and the 
amount to be paid according to the proposals, which shall 
be ascertained by the Treasurer aforesaid : And further pro- 
vided, That the Printer of Acts and Journals do publish in 
a newspaper, in Charleston or Columbia, all the public Acts which 
may be passed at the present session, within twenty days after the 
adjournment of the Legislature, and forward by mail, to each mem- 
ber of the General Assembly, each of the Judges, Attorney General 
and each of the Solicitors, a copy of such newspaper, as soon as 
such newspaper is issued ; to Charles P. Pelham, printer of the per- 
manent work, to pay him the balance due for public printing, seven 
thousand dollars, if so much be necessary ; to the Keeper of the 
State House, for contingent expenses during ihe present session of 
the Legislature, five thousand dollars, if so much be necessary, to be 
accounted for by him at the Treasury, and reported by the Treas- 
urer to the General Assembly ; for stationery, fuel, distributing Acts, 
and expenses for election returns, seven thousand dollars, if so much 
be necessary ; that the Clerks of the two Houses be each paid the 
sum of twelve hundred dollars, and that the Door Keepers, Mes- 
sengers and Reading Clerks of the tv^o Houses be each paid the 
sum of two hundred and fifty dollars, in addition to their ordinary 
salary, for their services at this session. 
Judiciary ^^^- ^^ ^^^ Judiciary Department : For the salary of the Chief 
ticpjirtmont. Justice, three thousand five hundred duUars; for the salaries of the 
Judges and Chancellors, three thousand dollars each ; fi>r 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 Clerk 
of the Court of Appeals, at Columbia, for excess of expenditures 
over appropriation for wood and stationery for said Court, seventy- 



OF SOUTH CAROLINA. 201 

five dollars; for the salary of the Messenger of the said Court, at A. D. 1S(34. 
Columbia, two hundred dollars : Provided, It shall be the duty of "^ 
the said Messenger to summon all members of the bar who are 
members of the Legislature, when their cases may be called for 
trial ; for the salary of the Librarian of the Court of Appeals, in 
Columbia, two hundred dollars, the same to include the expenses of 
fuel for tiie Court of Appeals and for the Library ; for the salary 
of the Clerk of the Court of Appeals, in Charleston, six hundred 
dollars ; for the salary of the Messenger of the said Court, two 
hundred dollars; for the salary of the Librarian of the Court of 
Appeals, in Charleston, two hundred dollars, to include the expense 
of fuel for the Court of Ap})eals and for the Library ; for the salary 
of the State Reporter, fifteen hundred dollars; and the several 
appropriations aforesaid, for the Clerks, Librarians, Messengers, 
Reporter, and for the incidental expenses of the Court of Appeals, 
shall be paid by the Treasurer only upon warrant, to be drawn by 
the presiding Judge of the Court of Appeals, at such times and 
for such portions as they may deem just and proper; and it shall 
be the duty of the said Reporter to attend in person, or by deputy, 
the sittings of the Courts of Appeals and Errors, in Columbia and 
Charleston, and to report such arguments and statements of facts 
as may be necessary to a correct understanding of the decisions of 
the said Courts: Provided, That the Judges of the Court of Appeals 
may, if they think proper, announce the results of their decisions at 
certain stated periods before filing their opinions : And further pro- 
vided, That the said Reporter shall publish, in one or more of the 
newspapers of Columbia, an abstract of the principles decided by 
the Court of Appeals in its opinions, as soon as practicable after 
the delivery of the same; for the pay of the Jurors and Constables, 
ten thousand dollars, if so much be necessary, the certificates to be 
jDaid at either Treasury. 

IV. In the Treasury Department : For the salary of the Treasury de- 
Comptroller General, two thousand dollars; for the salary of the partmcnt. 
Clerk of the Comptroller General, one thousand dollars, the said * 
Clerk to be appointed and removed at the pleasure of the Comptrol- 
ler General ; for the salary of the Treasurer of the Lower Division, 

and for Clerk hire, two thousand dollars ; for the salary of the 
Treasurer of the Upper Division, and for Clerk hire, sixteen hun- 
dred dollars ; for the Assessor of St. Philip's and St. Michael's, for 
making out and afiixing assessments of each return, one thousand 
dollars; for the services of the Comptroller General, for copying 
tax books, two hundred dollars ; and for additional compensation 
to the Treasurer of the Lower Division, for the performance of the 
additional duties imposed upon him by an Act entitled " An Act 
to authorize the issue of certificates of stock to provide for the 
military defense of the State," ratified the twenty-second day of 
December, in the year of our Lord one thousand eight hundred 
and sixty, four hundred dollars ; for printing and distributing tax 
returns, seventeen hundred dollars. 

V. For the Ordinary Civil Expenses: For the payment of the Ordinary 
Contingent Accounts of the Upper Division, eleven thousand five ^^'^'^^ expenses, 
hundred dollars, if so much be necessary ; for the payment of the 
Contingent Accounts of the Lower Division, twenty-eight thousand 



202 STATUTES AT LARGE 

A. D. I8fi4. gye hundred dollars, if so much be necessary ; for the payments of 
^"■""V""" annuities and pensions, six hundred dollars, if so much be neces- 
sary ; for the payment of such claims as shall be admitted by the 
Legislature at its present session, fifty thousand dollars, if so much 
be necessar}' ; for the payment of such claims for slaves lost in the 
public service as shall be admitted by the Legislature at its present 
session, five hundred and seventy thousand dollars, if so much be 
necessary, to be paid upon the warrant of the State Auditor ; for 
the support of Free Schools, seventy-four thousand four hundred 
dollars, if so much be necessary, to be distributed among the sev- 
eral Election Districts in the State, in the proportion of six hun- 
dred dollars to each Representative in the popular branch of the 
Legislature; for the support of the Lunatic Asylum, two hundred 
thousand dollars, if so much be necessary, to be paid as other appro- 
priations for that institution, to the draft of the Chairman of the 
Board of Regents ; that the charge of sixteen thousand five hundred 
and twenty-nine dollars, and thirty-four cents, standing upon the 
books of the State Treasury against the Bord of Regents of the 
said Asylum, being the amount drawn by the said Board for the 
support of the pauper lunatics during the past year, be cancelled ; 
for the education of the Deaf and Dumb, and of the Blind, forty 
thousand dollars, if so much be necessary, to be paid to the Com- 
missioners in the same manner as the appropriati(jn heretofore made ; 
for refunding taxes, as directed by the reports of the Committees of 
Ways and Means and of Finance and Banks, agreed to by the 
Legislature, one thousand dollars, if so much be necessary ; for 
compensation for slaves executed, five thousand dollars, if so much 
be necessary ; for the payment of the interest on two millions one 
hundred and fifty thousand five hundred and ninety dollars of 
bonds and stocks, issued for the construction of the new State Capi- 
tol, one hundred and thirty-five thousand and sixty-seven dollars; 
for the payment of the interest on three hundred and ten thousand 
dollars of the bonds of the State, issued under an Act entitled "An 
' Act to grant aid to the Blue Ridge Railroad," ratified the twenty- 

second day of December, in the year of our Lord one thousand 
eight hundred and fifty-nine, eighteen thousand six hundred dollars ; 
for the payment of the interest on the balance of four hundred 
thousand dollars of bonds of the State, issued for the military 
defense of the State, twelve thousand dollars ; for the payment of 
the interest on three hundred and ninety-one thousand one hundred 
and fifty dollars, issued for the military defense of the State, twenty- 
five thousand three hundred and eighty dollars and fifty cents; for 
the payment of the interest on one million five hundred and four- 
teen thousand seven hundred and ten dollars of the bonds and 
stock authorized to be issued for the military defense of the State, 
one hundred and six thousand and twenty-nine dollars and seventy 
cents. 
Military ox- ^^- ^'^^ Military Expenditures : For the salaries of the following 
penditu'rcs. ' officers, viz : Adjutant and Inspector General, thirty-six hundred 
and twelve dollars ; Quartermaster General, two thousand three 
hundred and forty dollars; the Assistant Quartermaster General, 
fifteen hundred and sixty dollars; Commissary General, two thou- 
Eand three hundred and fortv dollars ; Assistant Commissary Gen- 



• ■ OF SOUTH CAROLINA. 203 

eral, fifteen hundred and sixty dollars ; Arsenal Keeper, in Charles- ^- ^- ^®^- 
ton, one thousand dollars; Arsenal Keeper and Powder Receiver, ^^ v-"~' 
at Columbia, at the rate of four hundred dollars per annum ; Phy- 
sician of the Jail and Physician of the Magazine Guard, at Charles- 
ton, each five hundred dollars ; T. R. Aldrich, Physician of the 
Jail at Charleston, two hundred and fifty dollars, to reimburse 
him for money spent for the purchase of medicine for prisoners in 
said Jail ; and for the support of the Military Academies at 
Charleston and Columbia, one hundred and forty-seven thousand 
two hundred dollars, if so much be necessary ; and the said Military 
Academies shall be under the direction of the Board of Visitors: 
Provided, That each District shall be entitled to send to said 
Academies a number of beneficiaries equal to its representation in 
the House of Representatives, or in that proportion, as far as the 
appropriation for the school may allow ; for the salary of the As- 
sistant Adjutant and Inspector General, one thousand five hundred 
and sixty dollars ; for the services of the Secretary of State, during 
the current year, for all services in issuing all military commissions, 
and in lieu of any charge against the State for commissions of all 
civil officers, eight hundred dollars, to be paid as other salaries are 
directed by law ; to defray the expenses attendant upon the military , 
defense of the State, two million dollars, to be paid upon the draft 
of His Excellency the Governor, and that an account thereof be 
rendered to the next regular session of this General Assembly : 
And provided, That all accounts and returns by public officers of 
the receipts and disbursements of funds appropriated for military 
purposes shall be rendered quarterly to the State Auditor for ex- 
amination and audit, and the report of the Auditor thereon shall bo^ 
annually transmitted through the Governor to the Legislature. 

VII. For Ordinary Local Expenditures: For the support of the Ordinary local 
transient poor of Charleston, ten thousand dollars, to be paid to the expenditures. 
City Council of Charleston, and accounted for by them to the Leg- 
islature; for the salary of the Port Physician, including boat hire 

and other incidental expenditures, twelve hundred dollars; for the 
execution of the Quarantine Laws at Charleston, one thousand 
dollars, if so much be. necessary, to be paid to the City Council of 
Charleston, and expended under their direction ; for the salary of 
the Superintendent of the Fire Proof Building in Charleston, during 
the present year, one hundred dollars; for the support of the tran- 
sient poor of Georgetown, four hundred dollars, to be paid to and 
expended by the Commissioners of the Poor of Winyah, to be ac- 
counted for by them to the General Assembly ; for aiding the 
support of a ferry at Elliott's Cut, two hundred dollars, subject to 
the order of the Commissioners of Roads for St Andrew's Parish ; 
for maintaining and keeping open the Roper Hospital in Charles- 
ton, three thousand dollars, to be paid to the Medical Society, in 
trust for the Roper Fund, to defray the expenses of the said Hos- 
pital; for the support of the Catawba Indians, twelve hundred 
dollars, if so much be necessary. 

VIII. For Extraordinary Expenditures : For the support of Extraordinary 
the transient poor of Columbia, two thousand dollars, to be paid expenditures, 
to the City Council of Columbia, and accounted for by them to 

the General Assembly ; for the Marine School of Charleston, ten 



204 STATUTES AT LARGE 

A. D. ]S!(>4. thousand dollars, to be paid to the Charleston Port Society, upon 
""—"v-"-^ the draft of the President, countersigned by the Secretary ; the 
sum of twenty-five hundred dollars, to be paid to AVilliatu J. Rivers, 
to be paid as the salaries of other officers of the State are paid by 
law, for recording the names of those who have fallen in the war, 
either by disease or wounds, and he shall report at the next regular 
session of the General Assembly ; to James Tupper, Esq., Auditor, 
five thousand dollars, to be paid to him as are the salaries of other 
ofiicers, and also such amounts as shall be necessary to defray his 
expenses for stationery and printing, in addition to his salary ; for 
the Central Association for the Relief of South Carolina Soldiers, the 
sum of one million dollars, if so much be necessary, to be paid upon 
drafts of their Chairman, countersigned by their Treasurer, to be 
expended in purchasing and forwarding to our soldiers, and to such 
of our prisoners as are in the hands of the enemy, shoes, blankets, 
clothing, and other articles of necessity, and in such other manner 
as may conduce to the comfort and welfare of our soldiers, and that 
the said Association do account therefor quarterly before the State 
yrovibo. Auditor : Provided, That the Agent of said Association shall, when 
he delivers such articles to the Quartermasters of Regiments, take a 
receipt therefor, which receipt he shall transfer to the State Auditor 
as a claim against the Confederate Government ; for the relief of 
the families of soldiers, the sum of four hundred and fifty thousand 
dollars, to be paid as directed by the Act passed at the present 
session of the Legislature " To provide for the relief of the families 
of the soldiers, sailors and marines in the service of the State or 
the Confederate States," and the Boards of Soldiers' Relief shall 
Irrespectively make an annual report on the first day of November 
of each year to the State Auditor, to be by that officer consolidated 
and reported to the next succeeding Legislature; the sum of seven 
thousand five hundred dollars, to be paid to George \V. Morse on 
his draft, as compensation for the use of his patent in constructing 
the breech-loading carbine, and his other inventions for the im- 
provement of fire-arms, to be paid as the breech-loading carbines 
now being manufactured at the State Works are completed, at the 
rate of fifteen dollars for each carbine ; for the salaries of three 
assistants of the Auditor, to be appointed by him, six thousand 
dollars ; for the salary of John R. Niernsee. Acting Superintend- 
ent and Architect of the New State House, three thousand dollars, 
to be paid as the salaries of other officers ; to carry into efiect the 
Act passed at the present session "To provide for the relief of the 
families of the soldiers, sailors and marines in the service of the 
State or the Confederate States," five thousand dollars, if so much 
be necessary, to be drawn by the State Auditor and accounted for 
■ by him to the next regular session of the Legislature; for the Way- 
side Home, at Charlesten, fifty thousand dollars, to be drawn by 
the Treasurer of the said Wayside Home; for the Wayside Home, 
at Columbia, fifty thousand dollars, to be drawn by the Treasurer 
of the said Wayside Home; for erecting temporary barracks for 
Cadets of the Citadel Academy, fifteen tliousind dollars, to be 
drawn as other appropriations for the State Military Schools ; for 
the services of General James Jones, as Chairnuin of the Board of 
Visitors of the Military Schools in this State, and as Superintendent 



OF SOUTH CAROLINA. 205 

of the Card Factory of the State, five thousand dollars ; two thou- ^- ^- IS''^- 
sand dollars for keeping in repair the State Road over the Saluda """""v-^-^ 
Gap, if so much be necessary, to be paid to, and expended by, the 
Commissioners of Roads of the Upper Regiment in Greenville 
District, to be accounted for to the Legislature agreeable to the 
report of the Corniaittee on Internal Improven\euts ; for extra ser- 
vices of the Comptroller General, during the past two years, in 
carrj'ing out the provisions of the law in relation to the relief of 
soldiers' families, two thousand dollars, to be drawn by that officer ; 
five thonsand and twenty-two dollars and fifty-five cents, to cover 
the expenses of the Commissioners on the Code of the Statute Law 
of the State, pursuant to the resolutions of the Legislature hereto- 
fore passed. 

IX. That the sum of twenty thousand dollars, if so much be Medical nnd 
necessary, be, and is hereby, appropriated, to be paid out of the pa/tments ^^' 
Military Fund, for the pay of the Medical and Engineer Depart- 
ments of this State, to be organized by His Excellency the Governor. 

In the Senate House, the twenty-third day of December, in the 
year of our Lord one thousand eight hundred and sixty-four, 
and in the eighty-ninth year of the sovereignty and indepen- 
dence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

R. B. BOYLSTON, Speaker House of Representatives. 



AN ACT TO Provide for the Relief of the Families of the K"o. 470L 
Soldiers, Sailors and Marines in the Service of this 
State or the Confederate States. 

I. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
vSarae, That a tax in kind v.f three per cent, on the gross amount of Tax in kind, 
all rice, corn, wheat, and syrup made of sorghum or other cane, 
produced in the year of our Lord one thousand eight hundred and 
sixty-four, shall be paid by the producer in every District or Parish 
in this State: Provided, That no tax be levied 6u corn where the 
gross amount of corn produced does not exceed one hundred bushels, quantity ex- 
or on syrup where the amount of syrup does not exceed fifty gallons, •^■^p'^'^'^- 
or on wheat where the amount does not exceed twenty bushels, or 
on rice where the amount does not exceed fifty bushels of rough 
rice: And provided, also, That the producer of wheat sliall have 
leave to substitute forty pounds of flour in place of each bushel of 
wheat ; and that a like tax of three per cent, shall be paid by the ^ax on toil 
owners of all toll grain-mills on all toll collected during the year of grain. 
one thousand eight hundred and sixty-four; and that a like tax in Tax on man- 
kind of three per cent, shall be paid by the manufacturer upon the "f*'^'^"'"^^- 
gross amount cf all cotton and woolen goods, including yarns, and 
upon all iron, and upon nails and other iron wares, cotton and wool 
cards, hats, caps, paper, stoneware and pottery, leather, shoes and 
boots, salt and copperas, spirituous liquors, terebene oil and turpeu- 



206 STATUTES AT LARGE 

A. D. 18G4. tine, manufactured within this State during the year one thousand 

*'"''~v"~^ eight hundred and sixty-four, except such as may have been made 
for his or her own use, and not for sale or barter : Provided, That 
in^mo™ey!"*'°° "P''" ^^^ articles made for the State of South Carolina, or for the 
Confederate States of America, the tax shall be three per cent, iu 
money upon the amount received from the State or the Confeder- 
ate States for such manufactures. 

II. Thiit there shall be annually appointed by the General 
relief, ^^-^^s^robly; upon the nomination of the delegation in both Houses 
from each election District in this State, a Board, to consist of not 
less than three, nor more than twenty-four members, who shall be 
above the age of forty-five, or exempted from Confederate military 
service. The said Boards shall divide their respective Districts or 
Parishes into sections equal to their own number, assigning one 
member of the Board to each of these sections. The said Boards 

Duties. shall be, and are hereby, authorized to fill all vacancies in their 

own number arising from any cause; they shall meet upon the call 
of their Chairman, as well as by their own resolution, and a majority 
of each Board shall constitute a quorum. They shall receive 
blanks from the office of the State Auditor, upon which they sliall 
make quarterly returns to the State Auditor of all their transactions, 
and shall also furnish an annual report to the State Auditor, by 
the first day of November, one thousand eight hundred and sixty-five. 

a„ ♦,.„,„„,) The said Boards shall each appoint a Secretary and Treasurer from 

becretiiry and . ^ ,' , , , , , "^ i /. ,. /. 

Treasurer. their own body or otherwise, who shall be above the age ot lorty-nve 

years, or exempted from Confederate military service, who shall 

keep a record of all transactions, and be responsible to the Board, 

-^ and shall give a bond for the faithful performance of the duties of 

his office, payable to the State, in such sura and with such sureties 

Compensation ^^ ^^^ Board may direct. He shall receive, as a compensation for 
his services, one per cent, on the amount of money passing through 
his hands. The members of these Boards, with their respective 
Treasurers, shall not be liable to do militia duty outside of the 
Judicial District within which, they reside. 
Basis of as- HI- That for the purpose of ascertaining and collecting the tax 

sessinent. j^ J^iud on rice, corn, wheat and syrup, levied by this Act, the 

above mentioned Boards shall adopt, as the basis upon which they 
are to assess said tax, the amount of the product of each producer as 
returned to the Confederate Assessor for the year one thousand 
eight hundred and sixty-four as the tax iu kind of the Confederate 
Government, adding thereto, however, in each instance, the amount 
deducted by the Confederate Assessor for the raising and fattening of 
})ork, and including the crops of all producers who raise more thau 
one hundred, and less than two hundred, bushels of corn, which 
shall be ascertained by each Board by such method as to them shall 
seem best, or each Board may ascertain and assess this tax by such 
other method as to it may seem best, each Board itself to pay out of 
its receipts the expenses incurred by such method ; and for the pur- 
pose of collecting said tax each member of a Board is hereby 
authorized to draw his order for said tax upon any producer within 
the section assigned him, to be delivered to such person or persons 
as may be uamed, and in such proportion as the Board may deem 
just and proper, the order to be the voucher for the payment. Iu 



OF SOUTH CAROLINA. 207 

such sections or Districts in which it shall appear that there is an A. D. 1864. 
excess of provisions or manufactured articles under this Act, such ^— ^r^*-^ 
excess shall be delivered at such time and place as the Commis- (jig^osIF' f ""^ 
sioner shall order, after ten days' notice, for the purpose of being 
transported to other sections or Districts of the State : Provided, 
That no person shall be required to deliver his produce at a dis- 
tance exceeding twelve miles from the place of production. In the 
event that any person liable shall fail or refuse to deliver the failure Iq de- 
amount of Said tax on the order of the Commissioner within the '^^'^''* 
time prescribed, the Commissioner in charge, or some person for 
him, shall give information thereof, on oath, to the Chairman of the 
Board, who, on receipt of such' information, is hereby authorized, 
after two days' notice to the delinquent, to issue an execution 
against the delinquent, directed to the Sheriff of the District, 
requiring him to levy and seize double the amount of the 
articles in kind for which the delinquent was liable, if to be 
found ; and if not, then to levy and collect of his goods and chattels 
three times the amount of the market value of the tax in kind, said 
market value to be estimated by the Board, whose decision shall be 
final ; the cost of the proceedings to be paid by the defaulter, to be 
regulated by the fee bills for Sheriff's costs in cases of executions 
issued from the Courts of law : Provided, That if any tax-payer proviso, 
shall satisfy the Board, either by his own oath or by the testimony 
of others, that, prior to the ratification of this Act, he, the said tax- 
payer, had consumed, or sowed, or sold, the whole quantity of 
wheat which he may have raised during the year, then the said tax- 
payer shall, and may, pay his wheat tax by substituting corn 
therefor at the rate of a, pound of corn for a pound of wheat. 

IV. That in all cases where planters have been, or may be, 
required by the Confederate or State authorities to deliver, on or in °c^™r't*aTn 
before the first of January next, all their surplus corn, for the use of ^^^®^' 
the army, they shall be allowed to commute with the Board for the 
corn due by them at Confederate prices: Provided, They satisfy the 
Board that they have in good faith furnished all their surplus corn 
as aforesaid : And provided, further, 'Th^ii the Board thus compelled 
to receive money in commutation shall have the risfht to call upon 
the Commissary General of the State to obtain for the Board from 
the Confederate Government the amount of corn thus commuted for 
at the prices paid by the Confederate Government. 

V._ That for the purpose of ascertaining and collecting the tax Taxonmann- 
in kind on manufactured goods mentioned in the first Section of this fnetured goods 
Act, the Boards in the Districts in which such manufactories may ^"^ '^'^'i'^''^®"^ 
be situated shall require the owner or owners, or person or persons 
in charge of such manufactories, to deliver to the said Boards, on 
or before the first of February next, three -per cent, in kind of' all 
goods taxed in kind under the first Section of this Act, which have 
been manufactured or produced at their respective establishments 
during the year one thousand eight hundred and sixty-four, or 
three per cent, in money on all money due under the first Section 
of this Act ; and it shall be the duty of each Board to report to 
the State Auditor the amount, kind and quality of such manufac- Boards to re- 
tured articles, and the amount of moneys so received ; and the said tor? ^° ^^'^^' 
Board shall hold the articles received as tax in kind, subject to a 



208 STATUTES AT LARGE 

A. D. 1S(U. distribution araongist the several Boards, to be made by the State 

"^ ' Auditor, as hereinafter provided ; and the Board shall pay over to 

Auciit°or^''^ all ^^^'^ State Auditor the money received, which shall be held by him 

money re- liable to distribution, as hereinafter provided. In the event that 

*'^'^*' ■ any manufacturer or manufacturing company, or any other person 

or persons upon whom is levied this tax in kind for articles made 

or manutiactured, shall fail or refuse to make returns on oath, 

nesTect to (which oath either of said Commissioners is hereby authorized to. 

mnke returns administer,) on or before the first day of February next, it shall 

pi> ax. ^^ ^j^^ j^^^^ ^|. ^-^^ Board to notify the party, his or her clerk or 

agent, that, unless the return be made within ten days after' such 

notification, the Board will proceed to estimate the amount of his 

manufactured products, which they are hereby authorized to do, 

and to assess upon him a tax in kind of six per cent thereon ; and 

the Chairman of the Board shall issue an execution to the Sheriff 

of the District, requiring him to levy and collect the articles in 

kind for which the delinquent is liable, if to be f nind ; and if not, 

then to levy and collect of his goods and chattels three times the 

amount of the market value of such tax in kind — said market 

value to be estimated by the Board, whose decision shall be final : 

Provided, That when it shall appear that in good faith the article 

manufactured has been disposed of before the ratification of this 

Act, and cannot be supplied in kind by the party, then the Board, 

if in its judgment it shall seem just, is hereby authorized to allow^ 

Commutation, commutation ; and the rate of commutation thus allowed shall be 

fixed by the Board at their estimate of the market rate of the 

article on the first of March, one thousand eight hundred and 

sixty-five, and the decision of the Board as to the market value 

shall be final. 

Appropriation. VI. That the sum of four hundred and fifty thousand dollars 

be, and the same is hereby, appropriated for the purposes of this 

Act, which amount shall be raised exclusively from subjects of 

taxation not embraced in this Act ; that is to say, it is not to be 

raised from lands, negroes and capital invested in manufacturing 

establishments engaged in manufacturing the articles enumerated 

in the first Section of this Act. The amount of money thus 

appropriated shall be paid to the order of the State Auditor, and 

shall be disposed of by him as hereinafter provided. 

Distribution ^^^- '^^'^^^ ^^^^ ^'"^^^^ money, together with the tax in kind levied 

of money" i'nd under the first Section of this Act, shall be, and is herel>y, appro- 

ta.xes. priated to the relief and su[)port of the indigent families of the 

soldiers, sailors and marines of this State, who have been, are now, 

or liereafter may be, in the military or naval service of the State 

of South Carolina or the Confe<lerate States of America, and shall 

be distributed to the Boards of Relief of the several Election 

Districts in proportion to the number of individuals in their 

respective Districts on the first of February next, who may be 

entitled to receive aid or support according to the provisions of 

T)„«n„o„„f; this Act. And it is hereby provided that the persons thus to 

X Gi sons Cull" 1111 !• 'J i? "J })' 

tied to receive receive support shall be the wives or widows or said soldiers. 

^^'^- sailors and marines, their children under twelve years of age, (the 

Board to assist older children only in extreme cases,) and such 
other persons, not actually in military service, as, in the judgment 



OF SOUTH CAROLINA. . 209 

of the respective Boards, Avere or are dependent on the labor of the A. P. is.34. 
soldier, sailor or marine, and are incapable of self-support — the ~^ 

case of each claimant to be decided, not by a single Commissioner, relict""?"' be 
but by the Board itself. The amount of rice, corn and wheat to granted. 
be furnished to each individual entitled to relief shall not, in the 
aggregate, exceed ten bushels per annum, to be furnished in such 
proportions as the respective Commissioners may find most 
expedient ; and in order to attain, as nearly as practicable, to 
equality, each Board of Commissioners shall prepare and forward 
a special return to the State Auditor, on or before the first day of 
March next, setting forth the names and number of persons within 
their respective Districts or Parishes to be provided for, and what 
amount of produce of each kind they have received or are entitled 
to ; and it shall be the duty of the Auditor, on receipt of said j^^^^ii^-^j. to 
returns, to make a tabular statement, showing the number to be prepare state- 
provided for in each District, the amount received by each Board, '^°"'^- 
and the distributive share to which the total quantity of grain and 
other supplies will entitle each individual to be provided for as 
aforesaid ; and the Auditor is hereby authorized to issue requisi- 
tions upon those Boards having an excess over the average supply, 
and in favor of those Boards whose supply is deficient. And the 
Auditor is hereby authorized and directed to have the excess trans- 
ported to the respective Districts, and to obtain such assistance in 
said transportation as may be necessarj^ — the expense of such 
transportation to be paid out of the commutation fund and the 
moneys appropriated under this Act ; and the Auditor is hereby 
authorized to retain, in any division of the said funds, an amount 
sufficient to defray said costs, and only to make a final division of 
the whole amount after such transportation has been effected : 
Provided, nevertheless, That no excess shall be drawn from any Minimum 
District which shall not leave the amount of iive bushels of grain gj.^„'' "-," "^g^gjf 
for the whole year for each individual thus assisted : And pro- person! 
vided, further. That when the amount of five bushels of grain for 
each individual assisted is neither furnished to the Board from the 
Election District itself, nor from the excess drawn from other 
Districts, the Board of such Election District is authorized to 
purchase such an amount of grain as shall make up the deficiency, 
so as to give to the Board five bushels for each person under its 
charge ; and the amount thus expended in such purchase shall, 
upon the order of the Chairman of the Board upon the State 
Auditor, be refunded from the money appropriated under this Act, 
and from the funds which may be received for commutation : 
Provided, nevertheless, That it is hereby enjoined upon the respective 
Boards that such deficiencies be supplied at the cheapest rates 
possible ; and for this purpose they are hereby authorized, if it 
shall appear best, to make such purchases through the Commissary 
Department of the State. After so much of the funds appro- 
. priated or obtained under this Act shall have been so expended as 
to secure to the Boards five bushels of corn for each individual Distribution 
under their charge, the balance of the funds shall be distributed, of "i'^'iey. 
as soon as practicable, to the respective Boards, upon the order of 
the Chairman of each upon the State Auditor — said distribution to 
be made to the Boards in proportion to the number of individuals 
Vol. 13—14 



210 STATUTES AT LARGE 

A. D. 18<>4. under the charge of each Board on the first day of February, one 
^•^-^y^-^^ thousand eight hundred and sixty-five : Provided, That if any of the 
Board shall fail to render to the State Auditor the statement of the 
number of their beneficiaries before the first day of March next, the 
Auditor shall take the last statement received by hira from the said 
Board ofthenuraberofpersons under its charge as the basis upon which 
he shall proceed to make the distribution : And provided, furtJier, 
That the provisions of this Act, as to the payment of excess by the 
several Boards, shall have been complied with. 
Division of VIII. The tax in kind levied upon the various manufactured 

tax iu kind. articles in the first Section of this Act, and embracing all the arti- 
cles named except rice, corn, wheat and syrup, shall be divided out 
in kind, so far as practicable. The Board of each District shall be 
entitled to receive as many packages or pounds, or other measures, 
as shall be equal to the number of individuals under its care, or any 
multiple or proportion of such number, whenever the articles thus 
manufactured in the State will allow of this division, and shall be 
required to use every practicable means of distributing these arti- 
cles in kind, if they be needed. Wherever, upon such division, any 
Surplus, how surplus remains, or where the article manufactured is, in the opinion 
ispose Oi. ^^ ^[^g Board and of the State Auditor, incapable of distribution, 
it shall be lawful for the Board which collected the same, with the 
advice and consent of the said State Auditor, to sell at auction the 
manufactured articles at a time and place to be mutually fixed by 
the Board and the Auditor, or, in the event of disagreement, by the 
Governor of the State~; and the proceeds of the sales thus made' 
shall be received by the State Auditor and distributed to the respec- 
tive Boards, in like manner and according to the same provisions 
Avith the other moneys appropriated or collected under this Act. 
IX. The Boards provided for by this Act shall be known as the 
Limit of year, goijiers' Boards of Kelief. The term year, as used in this Act, is 
not the fiscal year of the State, beginning October first and ending 
September thirtieth, but the calendar year, beginning with the first 
day of January and ending with the thirty-first day of December. 

Duties of Com- X. That the Commissary General of the State is authorized to 

uussarj bene- j.gy(.jgj. gy^,}-, assistance to the State Auditor, in the discharge of the 
duties imposed upon the latter officer by this Act, as may be requi- 
site, and not inconsistent with the regular duties of the department 
of the Commissary General. 
Boarfl tode- XI. Xo Board shall be entitled to draw any portion of the com- 

hver exee.^s. mutation fund, or the money appropriated by this Act. until it shall 
have paid over to those Boards entitled to receive it any excess 
which it may owe for the year one thousand eight hundred and 
sixty-five, according to the distribution to be made by the Auditor 
from the returns to be made to him on the first of March next ; and 
the excess of the tax in kind upon grain and manufactured articles 
for the relief of soldiers' families in this State, for the year one 
thousand eight hundred and sixty-four, now remaining in the hands 
of any of the various Boards of Relief, or due to them by any per- 
son or persons, shall be delivered, upon the requisition of the Audi- 
tor of this State, to such Boards as have not received their pro rata 
shares ; and the Auditor is authorized and required to nuike such 
requisitions, and procure the distribution of said tax in kind as early 



OF SOUTH CAROLINA. 211 

as practicable, upon such principles as, in his judgment, may seem ^- ^- 1S64. 
most equitable and just. v ■-' 

XII. In the event that any District Board shall refuse or neglect Penalty for 
to send the excess due by it to another District, no person who shall °®^ *^^^' 

be a member of the Board at the time of such refusal shall be 
eligible to membership upon it thereafter, unless he can show his 
waut of complicity in such refusal. 

XIII. The families of free negroes who have been employed in Families^ of 
the military service of the State of South Carolina, or the Confede- entitled? ° 
rate States of America, as laborers or otherwise, shall be entitled, 

at the discretion of the respective Boards, to the benefit of the pro- 
visions of this Act. 

XtV. That the several Boards of Relief in the Election Districts . Board autiior- 

, ,.,.,.•,. . , . . ized to pur- 

are hereby authorized, m their discretion, to purchase provisions chase provi- 

and necessaries for the benefit of the soldiers' families with the ■-^'^'^^• 
money appropriated under this Act. 

XV. That all Acts and clauses of Acts inconsistent with the pro- 
visions of this Act be, and the same are hereby, repealed. 

In the Senate House, the twenty-third day of December, in the 
year of our Lord one thousand eight hundred and sixty-four, 
and in the eighty-ninth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

R. B. BOYLSTON", Speaker House of Representatives. 



AN" ACT TO Repeal all Acts and Parts of Acts Heretofore No. 4702. 
Passed BY THE Legislature OF THIS State on the subject 
OF Furnishing Slave Labor on the Coast and Fortifica- 
tions within this State, and otherwise to Provide for 
Furnishing such Labor. 

I. Be it enacted by the Senate and House of Representatives, now f^^^^^^ slaves 
naet and sitting in General Assembly, and by the authority of the 
same. That in order to furnish the necessary slave labor to work on 
the coast of this State and the fortifications within the limits of the 
same, there shall be organized a force, consisting of male slaves be- 
tween the ages of eighteen and fifty years, liable, under existing laws, 
to road duty, not exceeding in number, at any one time, of one-tenth 
part of said slaves, to serve for the terra of twelve months from the 
date of their impressment, subject, however, to the right of their 
respective owners, at the expiration of every three months of said 
term of service, to substitute other slaves so liable to road duty in 
their })lace, and who, by such substitution, shall constitute a portion 
or the whole of said force, as the case may be, from the respective 
dates of such substitution. This force shall be raised by a general 
impressment throughout the whole State, whenever His Excellency Impressment 
the Governor may order or direct such agent of the State as he may ° s'^ves. 



212 STATUTES AT LARGE 

A. D. I8r>4. appoint to make such impressment, under the provi-ions of this Act. 
''^ — v-^^ But if the impressment of a less number than one-tenth wouhi pro- 
duce shouki be found to be sufficient, then the impressment shall be 
made on the State at large, according to one uniform rule of equal- 
ity, to be prescribed iu the order of the Governor directing such 
impressment to be made by the State Agent; and whatever number 
greater than ten shall be so prescribed as a divisor to make the ap- 
portionment by, no fraction of slaves, either below or above such 
number selected as a divisor, shall be considered or taken into the 
apportionment, unless it is at least one-fifth or moreof such divisor; 
and in such cases, the fraction of one-fifth shall be taken by requir- 
ing the party owning it to furnish one hand for two months, with 
the same right of substitution as in case of whole numbers ; and the 
same rule as to fractions shall be observed, where the number ten is 
used as the divisor in making the apportionment. 

II. It shall be the duty of His Excellency the Governor to ap- 
StateAgent. pf)j,jt ^ State Agent, such Agent to be selected from the class of 
persons not liable to conscription in Confederate military service, if 
the services of a suitable Agent can be secured from said class, who 
Pay. shall receive for his services the pay of a Lieutenant Colonel of in- 

fantry, as allowed by the Confederate Government, during his em- 
ployment, to be paid to him monthly by the State. 

HI. That it shall be the duty of the State Agent aforesaid, ira- 
Duties of State mediately on the reception of any order from His Excellency the 
Governor, to make impressment of slaves under the provisions of 
Sheriffs. this Act, to extend such order to the Sheriffs of the several Judicial 

Districts of the State, whose duty it shall be to execute the same in 
their respective Districts ; and it shall be the duty of the 
Commissioners Commissioners of Roads and the authorities of incorporated 
of Koads. cities, towns and villages, and such other person or persons 

as the State Agent may appoint, to furnish to the Sheriffs of their 
respective Districts, within thirty days after the passage oi' this Act, 
a full and correct return of all male slaves liable to road duty 
within their respective jurisdictions — which returns shall be based 
on statements furnished by the owners of such slaves, sworn to in 
writing — such statements to be returned to the Secretary of the 
Boards of Commissioners of Roads, and by them kept on file. And 
it shall be the duty of the said Sheriffs, upon being duly notified by 
the said State Agent of any order for the impressment of slaves as 
Sheriffs to sum- aforesaid, thirty days before, to summons all owners liable under 
mon owners to g^id order to furnish slaves to hnve the slaves so liable at the re- 
spective depots, and at the proper time, giving ten days' notice 
thereof to the owners, for transportation to the place of labor as may 
be directed by said order. And the said Sheriffs shall, in their re- 
spective Districts, with the assistance of a respectable loyal citizen, 
to be chosen by the owner of each slave, if he will, and if not, by 
Appraisement the Sheriff, appraise said slaves on their delivery at said depots —and 
of slaves. jn case of their disagreement, they shall select a third citizen of like 

qualification, whose decision shall be final — and give receipts to the 
owners for them, specifying in said receipts the names of the slaves, 
tb.e valuation put upon them, and the term of service for which they 
are impressed — a duplicate of which receipts shall also be furnished 
by the several Sheriffs to the State Agent. And if, upon the day 



OF SOUTH CAROLINA. 213 

and at the place so notified, any owner of slaves so liable shall fail A. D. 1864. 
to have them in readiness, then the Sheriff of the District where ""^ '^ ^ 
such owner resides shall immediately arrest such slaves and send Defaulters to 
them forward to the place of labor — the costs of such arrest, sub- be arrested and 
sistence of slaves, and transportation, to be paid by the defaulting 
owner, and to be taxed and collected as other costs now are by law. 
And where there is such default, failure, or refusal to send slaves, 
after due summons to the owners by the Sheriff, and the said slaves 
are taken by the SheriflT, the slaves of such defaulters shall labor 
and serve on the military defenses for twice the period of time speci- 
fied in the call made by the Governor: Provided, That the slaves 
thus furnished shall not be detailed for any other service than such 
work as is intimately connected with the defense of this State. 

IV. That the State Agent may, with the consent of the Governor, Sub-Agents 
appoint such other sub-agents as may be found necessary and proper g^/^*^ appomt- 
to the execution of the provisions of this Act. But in no case shall 

he appoint any person as such agent who is liable to conscription in 
Confederate service, and physically able for active service in the 
army. Such agents shall be paid by the State eight dollars per 
day for their services, at the end of each month. 

V. The respective Sheriffs, for their services rendered under the Compensation 
provisions of this Act, shall be paid by the State eight dollars per "f Sheriffs. 
day while actually engaged in the discharge of said duties, besides 

their costs for arrests and fees for dieting prisoners so arrested in 
pursuance thereof, which latter shall be paid by the owners of said 
prisoners. 

VI. That the pay for such slaves shall be eleven dollars per p.^y and ra- 
month, and be furnished with sufficient rations and two suits of tio'isf<>''s''^^'^s- 
clothes during the term of one year, or one suit of clothes every six 

months, including two pairs of shoes and one hat for the year, by 
the State, or a fjiir commutation in money for the clothing, if fur- 
nished by the owner. And it shall be the duty of the State Agent state Agentto 
to certify the pay-bills for the pay of the said slaves for their re- certify bills. 
spective owners, specifying the number of said slaves, the time they 
have been employed, and the names of the owners ; which bills so 
certified shall entitle the owners, by themselves, or their order en- 
dorsed thereon, to receive the same from the State, and said bills 
shall be forwarded to the Sheriffs of the respective Districts where 
the owners reside, to be delivered by them to said owners. 

VII. That the Commissioners of Roads, city, town and village 
authorities, for neglect of any of the duties required of them re- Penalty for 
spectively by this Act, shall be liable to indictment, and, upon con- neglect of duty, 
viction, fined in a sum not exceeding one hundred dollars. And 

that any Sheriff who shall neglect or refuse to discharge any of the 
duties required of him by this Act, shall be liable to be indicted and 
punished, upon conviction, as for a misdemeanor, in addition to 
liability on his official bond to any person who may have been ag- 
grieved by such default. 

VIII. That it shall be the duty of the State Agent to visit all State Agent 
the camps of the laborers, to examine their condition, to observe spe^ctsiavel^"' 
their treatment and discipline, to examine their food, both as to 

quality and quantity, and to see that it is the proper rations for 
each, as is allowed by law, as well as their clothing, and especially 



214 STATUTES AT LARGE 

A. D. 1864. to inform himself as to their medical and surgical attendance and 
^'"■"v^"^ care, and, whenever required, to report the same to the Governor ; 
and, particularly, at the conclusion of the term of service of each 
levy, it shall be his duty to make such report to the Governor, in 
whose possession it may be open for examination by the owners of 
the said shives. And it shall also be his duty to prohibit the inflic- 
tion of corporal punishment by one slave upon another, and shall 
require that if a slave is to be punished for any default of bis duty, 
the punishment shall be administered by a white man in authority. 
Penalty for And for the neglect or refusal of said agent to discharge faithfully 

neglect of duty. ^^^ ^^- (^jg duties as prescribed by this Act, he shall ha subject to 
removal from office by the Governor, as well as liable to an action 
for damages by any individual who has been injured by his negli- 
gence or default of duty. 

„ . IX. Transportation shall be furnished by the S'ate Agent for 

Transportation , . i i ,i_- \ . . j.\ c j.\ c^^ ^ 

tobefuruishoa. slavcs impressed under this Act, at the expense of the State, going 
to and returning from the place of labor home and in returning, 
also with sufficient rations to last them home; and transportation 
shall be furnished in like manner for substitutes in going to and re- 
turning from said place of labor. And an account shall be kept by 
said agent of all expenditures incurred and paid by the State in 
providing the slave labor aforesaid, and in carrying this Act into 
full execution, which shall be annually deposited by him in the 
office of the Governor of the State, to be presented or preferred by 
him as a claim by this State against the Confederate Government 
Expenses to ^""^' payment. And that the funds necessary to pay all expenditures 
he paid out of incurred under the provisions of this Act shall be paid out of the 
Ml 3 10 uncs. f^jjjfjg ,j^- j.)^g p^,i^iic Treasury not otherwise appropriated, upon the 
presentation of the pay-bills signed by the State Agent. 

X. It shall be the duty of the Governor and the State Agent to 
returned ^° \l have all slaves returned to their owners upon the expiration of the 
owners. terra of service for which they were impressed ; and the owners of 

such as may have been killed, or died from disease, during their 
term of service, shall not be liable to supply their places with other 
slaves for tlie unexpired portion of said term of service. 

XI. If the Confederate Government should make any impress- 
by Co'i[fvfdcrato ment of slave labor over and above what is to be furnished by the 
Government, provisions of this Act, in view of greater emergencies than arc con- 
templated in this Act, then and in that event the owners of such 
slaves shall have credit as for so much labor furnished for coast 
duty. 

XII. That all Acts and parts of Acts heretofore passed by the 
formei-^ Acts. °^ Legislature of this State on the subject of furnishing labor on the 

coast or fortifications be, and the same are hereby, repealed. 

In the Senate House, the twenty-third day of December, in the 
year of our Lord one thousand eight hundred and sixty-four, 
and in the eighty-ninth year of the sovereignty and indepen- 
dence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

R. B. BOYLSTON, Speaker House of Representatives. 



OF SOUTH CAROLINA. 215 

AK ACT TO Procukk Supplies and Furnish the Implements -^- ^- '^^'^^■ 

OF Agricultural and Manufacturing Industry for the """ ""^T"^ 

Soldiers and People of the State of South Carolina, by No. 4703. 
the Purchase op a Ship or Ships, and the Importation 
AND Exportation of Cargoes. 



Purchase of 



I. Be it enacted by the Senate and House of Pepreseutatives, now 
met and sitting in General Assembly, and by the authority of the vessels, 
same, That for the purpose of procuring supplies for the soldiers of 

the State of South Carolina, and arms for its defense, and agricul- 
tural and mechanical implements and stores for the benefit of its 
people, one or more vessels shall be purchased and owned exclusively 
by the State. 

II. That for such purchase there shall be appropriated the pro- ^ppj-onriation 
ceeds of the stocks or bonds authorized to be issued under an Act 

entitled " An Act to procure supplies and furnish the implements 
of agricultural and manufacturing industry for the soldiers and 
people of this State, by a union of the State with the Importing 
and Exporting Company of South Carolina," ratified on the seven- 
teenth day of December, in the year of our Lord one thousand 
e'liiht hundred and sixty-three. 

III. That a Commission, to consist of the Governor of the State, Commission, 
the Pi-esident of the Bank of the State of South Carolina, and 

Messrs. Theodore D. Wagner, William C. Bee, J. K. Sass, Rufus 
M. Johnson and James P. Boyce, is hereby created, who shall have 
charge of the funds appropriated under this Act, and shall employ 
them, and any profits a'rising from exporting and importing, in the 
purchase of a vessel or vessels, and in the purchase and exportation 
of cotton and other products, and in the purchase and importation 
of such supplies as may be needed by the State of South Carolina, 
or the soldiers or citizens thereof — making such distribution of 
-articles imported, and through such channels as may most eflTectually 
accomplish the objects of this Act; and that they report annually 
to the Legislature. 

IV. That any agent or agents appointed by the said Commis- Salary of 
sioners shall receive for his or their services a fixed salary. 

V. That no freight on private account shall be exported or im- 
ported in such vessel or vessels so to be purchased and owned, 
except when for the manifest advantage of the State, and actually 
necessary for the better accomplishment of the purposes of this 
Act. 

VI. That the Governor be, and is hereby, authorized to supply Vacancies, 
any vacancies in the said Commission, from death, resignation or ^""^ filled. 
otherwise. 

In the Senate House, the twenty-third day of December, in the 
year of our Lord one thousand eight hundred and sixty four, 
and in the eighty-ninth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

R. B. BOYLSTON,Speaker House of Representatives. 



216 STATUTES AT LARGE 

A. D. 1863. XN ACT TO Authorize the Governor to Require the Ex- 
""l ^ emption of Certain State Officers and other Persons 

No. 4704. FROM Confederate Service. 

I. Be it enacted by the Senate and House of Representatives, now 
Governor re- met and sitting in General Assembly, and by the authority of the 
cmahi^exe'm > ^ame, That the Governor be, and is hereby, authorized and required 
tionk to claim the exemption from Confederate military service of the 

officers and members of both branches of the General Assembly of 
this "State, and the following State officers, to-wit: Lieutenant Gov- 
ernor, Judges of the Courts of law and equity, Attorney General 
and Solicitors, Secretary of State, Comptroller General, State 
Auditor and two assistants. Treasurers of the Upper and Lower 
Division, Adjutant and Inspector General and one assistant. Quar- 
termaster General, Commissary General, State Engineer and one 
assistant, Aides-de-Camp to the Governor, (not to exceed one to 
each -militia brigade,) Private Secretary of the Governor and his 
clerk, Sheriffs, Clerks of the Court, Ordina-ries, Masters, Registers 
and Commissioners in Equity, Tax Collectors, President, Cashier, 
Book-Keeper and one Teller of the Bank of the State and of each 
of its branches, officers and cadets of the State Military Academies, 
Professors of the South Carolina College. Superintendent, Physician 
and Keepers of the Lunatic Asylum, and Superintendent, Steward, 
and Teachers of the Asylum for the Deaf, Dumb and Blind. 
T?v^,r,nt;«r,- ^^- That thc Govcmor be, and he is hereby, authorized, if the 

fcxeraptions ,.,.., ' , ^ ^ i • 

claimed under same be in his judgment necessary, and under such regulations as 
tfJns.^" rest^ic- j^^ ^^^^ prescribe, to require the exemption of the following State 
officers and other persons, to wit : Members of the Board for the 
Relief of Soldiers' Families (who are over forty-five years of age,) 
President, Cashier, Book-Keeper and one Teller, now in the em- 
ployment of each of the several banks in the State, the Presidents 
and Treasurers now in the employment of the two Savings institu- 
tions in the State, such Deputy Sheriffs as may be indispensable to 
the execution of the laws of the State (not to exceed one in each 
Judicial District,) State Agent for the supply of slave labor, one 
editor for each newspaper being published at the time of the passage 
of this Act, and such printers and pressmen as said editor may 
certify upon oath to be indispensable to the publication of said 
newspaper, the Public Printer of the State Government, and such 
journeymen printers as said Public Printer shall certify upon oath 
to be .indispensable to the public printing, the Chief of the South 
Carolina Hospital Bureau at Richmond and his assistant, the officers 
and members of the Police and Fire Departments of Charleston 
and Columbia, and such artisans, mechanics and persons of scien- 
tific skill, and other employees as may be indispensable to the 
carrying on of the manufactories and public works belonging to the 
State, the professors and teachers of all incorp-^rated colleges in the 
State, every minister of religion authorized to preach according to 
the rules of his church, and who was, on the first day of May, 
eighteen hundred and sixty-one, and at the passage of this Act, shall 
be regularly employed in the discharge of his ministerial duties, 
and is not engaged in any traffic. 

III. That for the proper police of the country, the Governor is 



OF SOUTH CAROLINA. 217 

hereby authorized, under such regulatious as he may prescribe, to A. D. 1864. 
require the exemption from Confederate military service of such ^""^"y — -^ 
persons as he may adjudge indispensable for the government of the 
slaves, and the protection of the citizens and property of the State: ncccs^a^rv^fo?^ 
Provided, That such exemptions shall not exceed, in any District, government of 
one for every two hundred slaves in said District: And provided /^^^^^^' 
further, That the rights of overseers now having both Confederate 
and State exemption shall not be changed or altered by the pro- 
visions of this Act, nor shall such persons be included in the esti- 
mate of the above proviso. 

IV. That all officers and persons who shall be so required by the Exemptions 
Governor, pursuant to the provisions of this Act, be, and they are '^""^"^'^'^ 
hereby, declared to be exempt from Confederate military service 
during the period for which their exemption shall be so claimed. 

In the Senate House, the twenty-third day of December, in the 
year of our Lord one thousand eight hundred and sixty-four, 
and in the eighty-ninth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
R. B. BOYLSTON, Speaker House of Representatives. 



declared. 



AN ACT TO Alter and Amend the Militia Laws op this No. 4705. 

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 from and after the passage of this Act all free male Persons liable 
white persons within this State, between the ages of sixteen and to duty without 
fifty, not exempt from active service without the limits of the Dis- **''' ^'''**'' 
trict in which they reside by the militia laws of this State, shall be 
liable to active military duty without the limits of the State, at the 
call of His Excellency the Governor. 

II. That the Governor shall have authority, whenever in his AVhen Gov- 
judgraent it is necessary for the defense of this State, or of the ad- muftyoSt'^of 
jacent States, to order out of the limits of the State such portion of state.' 
those liable to active military duty, and for such a length of time, as 

in his judgment tbe exigency may require. And that, in addition 
to the other penalties prescribed by law for defaulters, the Governor 
shallbe authorized to order the arrest of all such as may be liable Defaulters to 
to military duty under this Act, to the intent that they may be bearrested. 
compelled to perform the duty devolving upon them : Provided, 
nevertheless, That he shall at no time place such militia beyond his 
control, so as not to be able to recall them at any moment, when- 
ever the necessities of the State require it. 

III. That all free male Avhite persons within the State between' 
the ages of sixteen and sixty, not embraced in the active militia, 

shall be liable to military duty in cases of alarm, invasion, insur- ^^^"^"^ ^^®°- 

rection, or as the posse comitatus, anywhere within the limits of the 

State. 



218 STATUTES AT LARGE 

A. D. 1S64. YV That the Governor shall have power to allow an exemption 
' '^ ' or detail in snch special cases, either of necessity or of public iuter- 
jj^^j^P"""*"" est, as in his judgment should be made, in either or both of the 
said classes of militia. 

V. That all Acts or clauses of Acts inconsistent with this Act be 
repealed. 

In the Senate House, the sixth day of December, in the year of 
our Lord one thousand eight hundred and sixty-four, and 
in the eighty-ninth year of the sovereignty and independ- 
ence of the State of South Carolina. 

AV. J). PORTER, President of the Senate. 

R. B. BOYLSTON, Speaker House of Representatives. 



Ko. 4706. AN ACT to Alter an Act entitled " An Act to Amend an 
Act entitled ' An Act to Prevent and Punish the Plant- 
ing AND Cultivating in this State Over a Certain Quan- 
tity of Cotton During the Present Year.' " 

Be it enacted bv the Senate and House of Representatives, now 

met and sitting in General Assembly, and by the authority of the 

What slaves gj^mg Xhat an Act entitled "An Act to amend an Act entitled 

to be counted ' 'iii- ii--- 

ashands. 'An Act to prevent and punish the planting and cultivating in 

this State over a certain quantity of cotton during the present 
year,' " ratified on the tenth day of April, in the year of our Lord 
one thousand eight hundred and sixty-three, be, and the same is 
hereby, altered and extended so that all slaves employed in agri- 
culture, within the meaning of said Act, between twelve years of 
age and sixty-five years of age, shall be counted ashands; and 
that all slaves under twelve years of age and over sixty five years 
of age shall be excluded in the estimate of hands employed in agri- 
culture. 

In the Senate House, the twenty-third day of December, in the 
year of our Lord one thousand eight hundred and sixty-four, 
and in the eighty-ninth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

K. B. BOYLSTON, Speaker House of Representatives. 



OF SOUTH CAROLINA. 219 

AlSr ApT TO Incorporate Certain Religious and Charitable f^- ^- 18^4. 

Societies, and to Renew and Amend the Charters of "''^ 

Certain Towns, Villages and Other Societies Hereto- N^O- 4707. 
FORE Granted, 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 Edward J. Mims, George A. Addison, Bud. C. j;,igefieid Fe- 
Bryan, John Huiet, Luther R. Gwaltney, James A. DeVoe, John male College. 
Lake, Zedekiah Wadkins, Eugene Burt, Albert G. Morton, and 
their associates and successors, be, and they are hereby, created a 
body politic and corporate, under the name and style of " The 
Edgefield Female College, of Edgefield," for the period of twenty- 
one years from the ratification of this Act ; and shall have power 
to have and use a common seal, to sue and be sued, plead and be 
impleaded, in any Court of this State; to make all by-laws neces- 
sary and proper for the purposes of said corporation, not repugnant 
to the laws of this State, with power to purchase and hold real and 
personal estate to an amount not exceeding one hundred thousand 
dollars, and the same to alien, lease or transfer, and in general to 
exercise and enjoy all the powers and privileges incident to such 
corporations. 

II. That John J. Ingram, Henry Kelley, W. R. Coskrey, G. A. Manning 
Huggius and D. E. Hodge, and their associates and successors, be, "^^^"-^'^y- 
and they are hereby, created a body politic and corporate, under 

the name and style of " Manning Academy," in Clarendon District, 
lor the period of fourteen years from the ratification of this Act ; 
with power to have and use a common seal, to sue and be sued, 
plead and be impleaded, in any Court of this State ; to make all 
by-laws necessary and proper for the purposes of said corporation 
not repugnant to the laws of this State, and generally to exercise 
and enjoy all the powers and privileges incident to such corporations. 

III. That Robert Bryan, James H. Adams, John Burnet, H. H. ^^ Schirch 
Mayson and John Wooten, Trustees of Good Hope Baptist Church, 

in Edgefield District, be, and they are hereby, created a body poli- 
tic and corporate, under the name and style of " Good Hope Bap- 
tist Church," for the period of twenty-one year?, with all the rights, 
powers and privileges incident to such corporators. 

IV. That John C. Chisolra, John A. Brice, and their associates 

and successors, be, and they are hereby, created a body politic and Congregation!^ 

corporate, under the name and style of " New Hope Congregation," 

in Fairfield District, for the period of twenty-one years, with all the 

rights, powers and privileges incident to like bodies corporate and 

politic. 

V. That James Gillam, S. Danely, J. R. Tarrant, James Cres- 
well, Robert C. Gillam, Allen Vance and William N. Blake, the 
Executive Committee of the Ladies' Card Factory, of Greenwood, 
they and their associates aud successors, be, and are hereby, created 
a body politic and corporate, for the term of twenty-one years, for 

the manufacture of cotton and wool cards, under the style and title Ladies' Card 
of " The President and Directors of the Ladies' Card Factory, of Greenwoocf. 
Greenwood," with power to have and use a common seal, to sue 
aud be sued, plead and be impleaded, in any Court of this State ; 
to make all by-laws necessary for the government of said coi'pora- 



220 STATUTES AT LARGE 

A. D. 1864. tion not repugnant to the laws of this State, to purchase aqd hold 

^*— ~v""^ real apd personal estate to an amount not exceeding two hundred 

thousand dollars, and the same to alien, lease or transfer, and in 

general to exercise and enjoy all the rights, powers and privileges 

incident to such corporations. 

„ , ,, T, VI. That the charter heretofore granted to " The Palmetto Ex- 

Palnietto Ex- . , _ • r^ o i i • i i i i i 

porting and porting and importing Company be, and is hereby, so altered and 

Comiiauyf amended as to allow a majority in number of the stockholders, 

from time to time, to increase the capital of said corporation to an 

amount not exceeding three millions of dollars. 

Villa e of VII. That the charter heretofore granted the village of Lowndes- 

Lowndesvilie. ville, in Abbeville District, be, and the same is hereby, renewed and 

extended for the term of twenty-one years, with all the powers to 

said incorporation possessed and exercised by the Commissioners of 

Roads, Bridges and Ferries, to lay out, work and keep in repair 

the several roads and streets within the incorporated limits of said 

village. 

Town of New- VIII. That the charter heretofore granted the town of l^ewberry, 

berry. j^ Newberry District, be, and the same is hereby, so altered and 

amended as to vest in the Town Council of said town of Newberry 

the power to compound with all persons liable to patrol duty in 

like manner and upon the same conditions as the Inteudant and 

Wardens of the town have the power to do in relation to road 

duty, as set forth and declared in the seventh Section of the Act 

of incorporation of said town, passed in 1841. 

The Sisters of ^-^* That the charter of " The Sisters of Our Lady of Mercy," 

our Lady of in Charleston, be, and the same is hereby, renewed for the term of 

^ ^^^^' twenty-one years, with power to hold real and personal estate to an 

amount not exceeding one hundred thousand dollars, and with all 

the other rights, powers and privileges heretofore granted. 

TownofChes- X. That the charter of the town of Chester be, and the same is 

^^^- hereby, renewed for the term of fourteen years, with all the rights, 

powers and privileges heretofore granted. 

The Beech XI. That the charter of the Beech Branch Baptist Church, in 

Church. "^^ '* Beaufort District, be extended for twenty-one years, with all the 

rights, powers and privileges heretofore granted. 
Performance of XII. That in the event the corporators of any incorporated town 
road duty in or village iu this State shall hereafter refuse or neglect to appoint 

towns 3.11(1 Vll- * * n -r • 

lages. and organize the officers required by their Act of Incorporation, or 

refuse or neglect to carry out in good faith the obligations imposed 
by their Act of Incorporation, the Commissioner or Commissioners 
of Roads, in whose division or divisions such town or village, or 
other incorporated body, shall be located, shall be authorized and 
required to take charge of all such roads and streets, together with 
all such road-hands as may reside within the limits of such incor- 
poration, and require the same performances of all residents within 
such limits as he or they is or are now authorized to do within his 
or their divisions generally. 

In the Senate House, the twenty-third day of December, in the 
year of our Lord one thousand eight hundred and sixty- 
four, and in the eighty-ninth year of the sovereignty and in- 
dependence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
R. B. BOYLSTON, Speaker House of Representatives. 



OF SOUTH CAROLINA. 221 

AN ACT TO Establish Certain Roads and Charter Certain a. d. 1864. 

Ferries. ""^ "^ ' 

No. 4708. 

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 Holley's Ferry, across Big Saluda River, in Edgefield Volley's Ferry. 
District, be, and the same is hereby, rechartered for the term of 
fourteen years, with the same rates of toll as are now allowed by 
law, and vested in Daniel D. Holley. 

II. That Hugh Giles, of Marion District, be, and he is hereby, Gaiiivant's 
authorized and empowered to take possession of Gaiiivant's Ferry, '^"^' 
across Little Pee Dee River, in Marion District, and to hold the 

same to his own use and behoof, until the first day of January, 
eighteen hundred and sixty-six, and shall have the right to charge 
and receive the following rates of toll for crossing thereof, in cur- 
rency, to wit: Foot passenger, ten cents; man and horse, twenty- 
five cents ; cart and horse, fifty cents ; buggy and horse, seventy- 
five cents ; wagon and two horses, one dollar ; wagon and four 
horses, one dollar and fifty cents ; wagon and six horses, two dol- 
lars. 

III. That R. A. Bethune, John M. Plowden and R. L. McLeod, New road in 
of Clarendon District, and J. G. Fort, Turner Davis and Moses IJ^J'^'^^^^^^ 
Brogdon, of Sumter District, be, and the same are hereby, ap- 
pointed a Commission to lay out a road, commencing at Dr. W. 

T. Brogdon's, on the Plowden's Mill Road, in Sumter District, by 
the most practicable route, running by the premises of A. Davis, 
Dr. R. A. Bethune, John M. Plowden, R. L. McLeod and B. E. 
Hodge, to intersect the Brewington and Sumter Road at or near the 
place of Old Trinity Church, in Clarendon District. The said 
Commission shall summon the road-hands along the line of the 
said proposed road in Clarendon District, and with said hands 
shall open the said road, from Dr. W. T. Brogdon's, in Sumter, to 
" Trinity Church " place, in Clarendon District, and put the same 
in good traveling condition ; and when so finished, the Commission 
shall give notice thereof, and turn over to the Boards of Roads 
of said Districts their respective portions of said road, which 
shall be then deemed and declared to be a public road or high- 
way. 

In the Senate House, the twenty-third day of December, in the 
year of our Lord one thousand eight hundred and sixty- 
four, and in the eighty-ninth year of the sovereignty and 
independence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

R. B. BOYLSTON, Speaker House of Representatives. 



222 STATUTES AT LARGE 

A. D. 1S64. AN ACT TO Establish the Franco-Carolina Bank. 

No. 4709. Whereas Monsieur Emile Berle Coraete du Trerablier de Chau- 

viguy and his associates, bankers, residing in Paris, have proposed 

Preamble. to the Legislature of" the State of South Carolina to invest a large 

amount of capital in this State for the purpose of establishing a 

Proposnis of direct Commercial intercourse with France, and for advancing 

bankers to es- means bv which the natural resources of the State, whether agri- 

.11.1 |ji J ^ ' o 

in thisState.° Cultural or mining, can be developed, and railroads and water com- 
munication within the State improved and extended ; and whereas 
they have applied for the charter of a bank for those purposes, the 
business of which is to be conducted according to the principles of 
the financial company known as the "Credit Mobilier," of Paris, 
the success of which has been demonstrated by experience; and 
Avhereas the interests and prosperity of the State of South Carolina 
will, in the judgment of this Legislature, be largely promoted by 
the proposed establishment: 

I. Noxo, therefore, it is enacted by the Senate and House of Rep- 

po^ared ^°^°^' resentatives of the State of South Carolina, in General Assembly 
convened, That M. Emile Berle Comte du Tremblier de Chauvigny 
and his associates, bankers, of Paris, aforesaid, and B. S. Baruc., 
and also James P. Boyce and T. D. Wagner, of the State of South 
Carolina, and the persons to be associated with them, as herein- 
after provided, be, and they are hereby, created a body corporate, 
under the name and style of the Franco-Carolina Bank, and as 
Powers and such shall have the power and right, by its name and style afore- 

Bank. ** ^ said, to sue and be sued in any Court of Record or other place 
whatsoever, and to have and use a common seal, and the same to 
alter and renew at pleasure, and have power generally to do and 
execute all acts and things which to them it shall appertain to do, 
subject, nevertheless, to the restrictions and limitations hereinafter 
prescribed and provided. 
Capital stock. II. The capital stock of said bank shall be fifty-two millions five 
hundred thousand francs, equal to ten millions of dollars, and shall 
be divided into fifty-two thousand five hundred shares of one thou- 
sand francs each, and the said banker of Paris and his associates 
_,. „ • shall subscribe, in France, for nine and a half millions of dollars of 

Time for pro- , . , . ' i i n i • ^- • ^u o* * <? 

curing sub- the said capital, and shall procure subscriptions in the fctate or 
scnptions. South Carolina for five hundred thousand dollars of said capital, 
within six months from the date of the passage of this Act, in 
default whereof this charter shall be null and void and of no effect. 
Twenty-five ^^^- ^^'^^ subscribers to the capital stock of said bank shall pay, 
per cent, of at the time of subscribing, twenty-five per centum of the amount of 
bVpauf in"spc" (^'dvh share subscribed, in gold or silver coin, or in approved bills of 
c'" j^'' j''"« "[ exchange, drawn on France or England, and payable at not more 
time' of sui> than sixty days' sight; and the remainder of the capital stf)ck shall 
8cription. jj^jgQ jjg pjj^jj jjj gj^j^j ^j, gjiygr coin, or in approved bills of exchange, 

as aforesaid, at such times and in such instalments as the Board of 
Directors, hereinafter provided for, shall require. And in the event 
instahiicnls'^to of the dishonor of any bill of exchange given in payment of sub- 
be paid in like gcriptions as aforesaid, the stock of the subscriber shall be inime- 

manner. i- ' , i i <• • ,• pi i -i i i n i 

diateiy sold for coin, for account of the subscriber, who sluiil be 
entitled to receive any premium, and be responsible for the payment 
of any loss, that may result from such sale. 



OF SOUTH CAROLINA. 223 

IV. The said bank shall not commence business until the one- A. D. 1864. 
fourth of its capital shall have been actually paid in in the manner ^ ^ ^ 
hereinbefore provided ; and the payment of the said fourth of the Business to 
capital, to wit, of two and a half millions of dollars, shall be estab- commence 
lished to the satisfliction of the Governor of South Carolina, by the foimh of'capi- 
production to him of sufficient proof of the payment within this tal is paid in. 
State of such sums as shall be here paid, and by the jjroduction of 
certificates of the Bank of France, or of the "Credit Mobilier," of 

Paris, or of the "Comptoir National d'Escompte," of France, show- 
ing the deposit, in one or more of said institutions by the French 
subscribers, to the credit of said bank, of an amount equal to one- 
fourth of the capital subscribed in France. And upon the produc- 
tion to the Governor of the proof of payment aforesaid to the full 
amount of two and a half millions of dollars, it shall be his duty to 
issue a proclamation announcing the fact of payment as aforesaid, 
and that the said bank is thenceforth entitled to enter upon the 
enjoyment of the rights conferred by this charter. 

V. The domicil of said bank shall be the city of Charleston, in piacc of busi- 
this State, but during the present war it may, at the discretion of the "'^*^- 
Directors, be located at any other place within this State; and it j^, ^. ,,- , 
shall have the right to establish such agencies within this State and agencies. 

the other Confederate States as may be deemed necessary by the 
Directors for the prosecution of its business ; and it shall establish 
'an agency in Paris. The powers and duties of the agents shall be Parii.^^""^ ^° 
fixed by the by-laws of the bank. All meetings of stockholders 
shall take place in the city of Charleston; but, during the present 
war, it shall be lawful for the Directors to appoint some other place 
of meeting within this State. 

VI. The business of said bank shall be conducted by a Board of Board of Di- 
Directors, to be chosen annually. The first Board of Directors rectors. 
shall be appointed by the aforesaid Messieurs Emile Berle, Compte 

du Tremblier de Chauvigny, and his associates, and shall continue 

in office for six months after the date of the proclamation of the 

Governor mentioned in the fourth Section of this Act. The number Number of Di- 

of Directors shall not be less than five, and at least one-third of the rectors. 

number shall be persons who are citizens of, or domiciled within, 

the State of South Carolina. Within the first six months after the Meeting of 

date of the proclamation aforesaid there shall be a general meeting stockiiolders. 

of the stockholders, which shall establish by by-laws the number of 

Directors of w'hich the luture Boards shall consist, prescribe rules 

for their election, define their authority, and provide for an annual 

rendition of accounts to a general meeting of stockholders. In all 

meetings of stockholders, whether for election of Directors, or for 

the transaction of other business, each share shall give the right to 

one vote ; and all votes may be given either in person or by proxy. 

VII. The said Franco-Carolina Bank, when established in the Bank?'^'''^^ '^^ 
manner hereinbefore provided, shall have power to carry on the 

business of a bank of discount, deposit and issue; to deal in the To deal in ex- 
purchase and sale of exchange, specie, securities and other represen- °'i"i^^°' ^^^^• 
tatives of value; to make loans and advances on the pledge of cot- t, , , 

. • ^, , , .1. ^. ^ , io make loans. 

ton, rice or other produce, and on merchandise or other personal 

property, and to buy or sell the same; to promote, by advances of Toaidorcon- 

money or by the opening of credits, the repair, improvement or con- improvl"me™ts! 



224 STATUTES AT LAKGE 

A.D. 1864. struction of such ways of trausportation, Avhether by laud or water, 

"■^ ■^ ' as are, or may be, authorized by law, or to undertake such enter- 

Miningopc- prises ou its own accouut; to develop the mining industry of the 
rations and State, bv gfivino; financial aid to all individuals or bodies corporate 
engaged in mining operations or founderies. or to undertake for 
itself mining operations, and to purchase mines or other lands; to 
To negotiate undertake the negotiation of loans for the Government of this State, 
loans. or for any other State or government, whether the loans i)e nego- 

tiated iu Europe or on this continent ; to act as financial agent of 
any individual or body corporate, public or private ; to undertake 
pubiic"works. "^ ^^Y enterprise or work of public improvement or utility authorized 
by grant or charter by any government, and to become the pur- 
chaser of the franchises of any corporation established for such 
purpose; and to issue its notes under the restrictions hereinafter 
imposed. 
To issue notes VIII. The said bank shall have power to issue notes for circula- 
Par'i's'.^^ '° tion, which shall declare on their face that they are payable in ' 
Paris; and such notes shall be redeemable in coin on demand at 
the agency of the bank in Paris. All other notes shall be payable 
Redemption on presentation, in coin, at the counter of the bank in Charleston, 
of notes. ^jj^ j^ij holders of notes payable in Paris shall have the right to 

demand in Charleston payment thereof in sight bills of exchange on 
Paris, by presenting the same at the counter of the Bank in 
Charleston in sums not less than one hundred dollars, and paying 
the bank a registration fee of one-half of one per centum on the 
amount of the exchange so demanded. And when notes payable in 
Paris are redeemed iu Charleston, on the demand of the holders, by 
sight exchange on Paris, the bank shall allow and pay five francs 
and twenty-five centimes in exchange for each dollar, and shall 
make no other charge to the note holder than the registration fee 
Notes re- ^^ one-half of one per centum ; and notes so registered and redeemed 
deemed to be by exchange shall be defaced or destroyed, so that they shall not 
destroye . QgsLin enter into circulation. 

Restriction of IX. The said Franco- Carolina Bank shall be so restricted in its 
issues. issues of uotcs that in no event and under no circumstances shall it 

issue any notes not represented by coin in its possession, iu Charleston 
and the diflTerent agencies, or by merchandise, produce, real estate, 
or other material property, real or personal, in its possession or under 
its control, of the full value of the notes issued, the fundamental 
principle of the bank being hereby declared to be that no currency 
is to be placed by it in circulation based on its own credit or that 
b^l«ed^"nUec^e 0^ ^"y Other body corporate or individual, but only such as is rep- 
ot uiMteriai resented by at least an equal value in the precious mttals, or iu 
property. material property, real or personal, possessing a market value inde- 

pendently of the credit of any individual or corporation. 
Notes to be X. The said bank shall not issue notes at any other place than 
i?^ucd only in j-^e city of Charleston, and shall keep an exact registry of all notes 
issued, and of all notes redeemed and defaced or destroyed by it, 
Registry of showing the amount of circulation outstanding; and this registry 
notes. gj^^jj y^^ ^j. ,^jj tii^eg open to the inspection of such officers as the 

Legislature may think proper to appoint for that purpose; and 
the said bank shall be subject to all the laws and regulations here- 
tofore established, or which may hereafter be enacted by the State, 



OF SOUTH CAROLINA. 225 

to secure tlie safety and proper management of the banking institu- ^•^- 1^64. 
tions of the State in general ; and it shall specially be its duty to "''^ ' 

publish, once in every month, in two of the newspapers of the city of menuo^je pub- 
Charleston and in one of the capital of the State, a balance sheet or lished. 
statement, showing its assets and liabilities, and specifying particu- 
larly the amount of its circulation, deposits, coin and bullion, and 
the estimated value of the merchandise, produce and other material 
property on which its circulation is based. 

XI. The Legislature of the State of South Carolina reserves the ti,^L"™iw^°^ 
right of visiting the said corporation, by Committees of either or to visit. ° ' 
both Houses, at its pleasure, and requiring a full exhibit of its busi- 
ness and financial condition ; and this charter shall be liable to for- 
feiture upon the breach of the conditions on which it is granted, 
and especially in the event of the failure of the bank to redeem its 
circulation as herein provided for, or in the event of its emitting 
any circulation in excess of the limits herein prescribed. But no 
proceedings for a forfeiture of the charter of the bank shall be in- 
stituted without a resolution of the Legislature expressly directing p^ijUg ^^t— 
such proceedings. And this Act shall be a public Act, and con- limitation. 
tinue of force for the the term of thirty years. 

In the Senate House, the twenty-second day of December, iu the 
year of our Lord one thousand eight hundred and sixty-four, 
and iu the eighty-ninth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

W. D. PORTER. President of the Senate. 

R. B. BOYLSTON, Speaker House of Representatives. 



AN ACT TO Incorporate the Bath Mills Company. No. 4710. 

I. Beit enacted by the Senate and House of Representatives, now Company in- 
met and sitting in General Assembly, and by the authority of the ^o^'i'^"*'^'^'!- 
same, That Edward Lafitte, James Gardner, Germain T. Dortic, 

Adam Johnston, D. B. Hack, Ann M. Winter, Thomas W. Chiches- 
ter, W. K. Huse, Isaac Tucker, Wellington Stevenson, James F, 
Winter, Milledge G. McKensie, Hamilton S. Shelton and Samuel D. 
Linton, and their successors and assignees, and such persons as may 
be hereafter associated with them in the manufacture and sale of 
paper, be, and they are hereby, declared a body corporate and 
politic, by the name and style of " The Bath Mills Company," with 
a capital stock of one hundred thousand dollars, with the right to Capital stock., 
increase the same, from time to time, to the extent of four hundred 
thousand dollars. 

II. That such company shall have power to acquire and hold, by Powers of cor- 
lease, or rent,, or purchase, or otherwise, such site or sites, ma- p°^-'*"^"- 
chinery, fixtures, appurtenances and personalty as may be desirable 

and necessary for the manufacture of paper in any District in this 
State; to issue certificates of stock in such manner and to such 
amount as may be determined by resolution of said company, not 
exceeding in all four hundred thousand dollars; to have a"succes- 
VoL. 13—15 



226 STATUTES AT LARGE 

A. D. 1864. gion of officers and members, to be chosen according to the rules 
^~~v"~^ and by-laws made or to be made by said company' for their govern- 
ment and direction, and to make any by-laws not repugnant to the 
laws of the land, the same to alter, amend and repeal, or re-enact, 
at pleasure ; to sue and be sued, to plead and be impleaded, in any 
Court having competent jurisdiction ; to have, use and keep a corn- 
May establish mon seal, and the same to alter at will ; and to have and enjoy the 
agencies. privilege of establishing such agencies, in or out of this State, as 

they may find expedient for making or vending paper, or for the 
purchase of paper, or the materials from which paper is made or 
embellished, not in contravention of the laws of other States where 
such agencies may be established ; and to have and hold such real 
estate as may be necessary or expedient for carrying on legitimately 
the business herein contemplated, of making, buying or vending 
paper, or the materials of and by which paper is or may be made. 
III. That the members of said corporation shall be jointly and 
Liabilities of severally liable for all debts and contracts made by such corpora- 
members. ^Jqj^ ^j^^jl ^Yie amount of one hundred thousand dollars shall have 
been paid in, in cash, or its bona fide equivalent in real or personal 
Limitation of estate : and this charter shall be and continue for the term of fif- 

e barter. 

teen years. 

In the Senate House, the twenty-third day of December, in the 
year of our Lord one thousand eight hundred and sixty-four, 
and in the eighty-ninth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

W. D. PORTfeR, President of the Senate. 

R. B. BOYLSTON, Speaker House of Representatives. 



No. 4711. AN ACT to Extend and Alter the Charter of "The Cot- 
ton Planters' Loan Association of the Fifth Congres- 
sional District of South Carolina." 

I. Be it enacted by the Senate and House of Representatives, now 
tended. ' met and sitting in General Assembly, and by the authority of the 
same. That the charter of the Cotton Planters' Loan Association of 
the Fifth Congressional District of South Carolina, organized by 
virtue of, and agreeably to, the provisions of an Act entitled " An 
Act to charter a Cotton Planters' Loan Association," ratified the 
twenty-first day of December, Anno Domini one thousand eight hun- 
dred and sixty-one, be extended and made of force until the first 
day of January, Anno Domini one thousand eight hundred and 
sixty-nine, with all the rights, powers and privileges by said Act 
1?*= of notes conferred : Provided, That the capital stock of said Association shall 
bill?, etc., pro- not be increased beyond its present amount: And provided, furfher, 
hii.ited. T^hai the said Association shall not be authorized to issue, or re- 

issue, any notes, bills, or other obligations of the nature of cur- 
rency> 



OF SOUTH CAROLINA. 227 

II". That the third Section of the Act referred to in the preced- A. D 1S64.^ 
ing Section be, and the same is hereby, repealed. ~ '^ 

o ' J ' J. Kejie.-u of 

third Section of 

In the Senate House, the twenty-third day of December, in the Act. 
year of our Lord one thousand eight hundred and sixty-four, 
and in the eighty-ninth year of the sovereignty and indepen- 
dence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

R. B. BOLYSTON, Speaker House of Representatives. 



AN ACT TO Incorporate the Foot Point Land Company. No. 4712. 

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

sime, TnaL Jo:m A. Siabrook. C. J. Cjlcook, John Fraser & Co., Company in- 
W. C. Bee, A. S. Johnson, W. Ravenel, D. F. Fleming, H. C. Dot- «°^-P°^^^^^- 
terer. Chamberlain & Co., William Gregg, C. D. Carr, James M. 
Eason, T. S. Heyward, George C. Heyward, J. S. Gibbes, J. W. 
Gregory, F. W. Claussen, E. M. Seabrook, R. B. Rhett, Jr., Wm. 
Whaley, T. D. Eason, and such other persons as now^ are, or may 
hereafter become, associated with them as members of the said com- 
pany, be, and are hereby, declared a body corporate and politic, by 
the name and style of the " Foot Point Land Company," for the 
purpose of establishing a town at Foot Point, with a present capi- Capital stock, 
tal of five hundred thousand dollars, and with the privilege of in- 
creasing the same to one million of dollars : Provided, That after Prohibitted 
the selection of a site for the establishment of such town, the said 1,^™ J'^r'^pn^s- 
corporation shall have no power to appoint or elect officers of the ing ordinances. 
town so to be established, or to pass ordinances in relation to the same, 
without a further grant of authority from the General Assembly of 
the State. 

II. That the said company shall have such number and succession Rights and 
of officers and members as shall be ordained and chosen according Powers. 

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 
of the land ; shall have and keep a common seal, and alter the same 
at \i\\\ ; shall sue and be sued, implead 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 corpo- 
rate bodies, according to the laws of the land. 

III. That the said company, by their corporate name, shall be To hold pro- 
able and competent, in law and equity, to have and to hold, receive ^®' ^'' 

and enjoy, all such property, real and personal, as they shall deem 
proper in any manner to acquire for the purposes of the corporation, 
or as they now have or may hereafter in any manner become enti- 
tled unto, and to alien or otherwise dispose of the same or any part 
thereof: Provided, That the original value of such estates does not 
exceed the capital stock of the said company. • 



228 STATUTES AT LARGE 

A. D. 1864. IV. That this Act shall be a public Act, and eoutinue of force 
'"■■^^' — "^ for the term of twenty-one years. 

Public Act — 

In the Senate House, the twenty-third day of December, in the 
year of our Lord one thousand eight hundred and sixty-four, 
and in the eighty-ninth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

R. B. BOYLSTON, Speaker House of Representatives. 



No. 4713. AN ACT to Incorporate the Columbia and Greenville 

Telegraph Company. 

I. Be it enacted by the Senate and House of Representatives, now 
Company in- ^^^ ^^^ sitting iu General Assembly, and by the authority of the 

corporated. same. That William M. Lawton, Theodore D. Wagner, Thomas C. 
Perrin, Otis Mills, John W. Grady, Alexander W. Bee, Thomas 
M. Cox, and their associates, are hereby incorporated and declared 
a body politic, to be known by the name and style of the " Columbia 
and Greeuville Telegraph Company," for the purpose of construct- 
ing a telegraph line from the town of Columbia to the village of 
Greenville, South Carolina, with branches to Abbeville Court House 
and Pendleton village. 

II. The said company shall have the right to raise, by subscrip- 
Capital stock, tion, a cai)ital of four hundred thousand dollars, for the purpose 

of constructing the said telegraph line, with the power hereafter to 
increase their capital to five hundred thousand dollars, and extend 
their line of telegraph to the town of Chattanooga, in the State of 
Tennessee. 

III. The said Columbia and Greeuville Telegraph Company shall 
Ri-hts and l^ave, and are hereby invested with, all the rights and powers of a 

powers. ' body politic and corporate, sue and be sued, purchase and hold real 
and personal estate, and make contracts, and do all other things 
which a body politic and corporate may do. 

IV. Tlie said capital of f )ur hundred thousand dollars shall be 
taken in shares of one hundred dollars each. 

V. The company shall have power to make all by-laws, not in- 
by-'^a^vs "^and Consistent with the laws of this State, for their government, and to 
elect officers, elect proper oHicers to administer the same. 

In the Senate House, the twenty-third day of December, iu the 
year of our Lord one thousand eight hundred and sixty-four, 
and in the eighty-ninth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

R. B. BOYLSTON, Speaker House of Representatives. 



OF SOUTH CAROLINA. 229 

AN ACT TO Incorporate " Kalmia Mills." ''^- d. isoi^ 

I. Be it enacted by the Senate and House of Representatives, now No. 4714. 
met and sitting in General Assembly, and by the authority of the 
same, That Benjan.in F. Evans, E. L. Kerrison, Wm. C. Bee, eoipomted. '"' 
Benjamin Mordecai. J. J.Chisolm, R. G.Chisolm, Samuel S. Brown, 
Herman Leiding, John W. Grady and others, and their associates 
and successors, are hereby made and created a body politic and cor- 
porate, under the name and style of " Kalmia Mills," for the pur- 
pose of manufacturing paper, cotton yarns and cloths, and such 
orher fabrics as the demands of the community may require, and 
for procuring and making machinery to carry on said manufactures; 
and also for the transaction of all such business^ as may be cou-^ capital stock. 
nected with the above purposes, with a capital of two millions of 
dollars, with the privilege of increasing the same to five millions of 
dollars — the consent of a majority of the stockholders being first 
had and obtained. 

II. The said corporation may purchase and hold such real estate Powers of eor- 
as may be required for their purposes, or such as they may deem it poi'^tio=i- 
for their interest to take in settlement of any debts due them, and 
may dispose of the same ; and may erect such mills, machine shops 
and other buildings thereon, as may be deemed necessary ; and may 
sue and be sued, have and use a common seal, and make such by- 
laws for the regulation and government of said corporation, not in- 
consistent with the Constitution and laws of the Confederate States 
and of this State, as may be deemed necessary, and shall have 
generally all the rights, powers and privileges in law incident or 
appertaining to corporations. 

In the Senate House, the twenby-third day of December, in the 
year of our Lord one thousand eight hundred and sixty-four, 
and in the eighty-ninth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

R. B. BOYLSTON, Speaker House of Representatives. 



AN ACT TO Extend and Amend an Act eetitled " An Act No. 4715. 
TO Authorize the City Council of Charleston to Issue 
and Put in Circulation Notes Receivable in taxes or 
Dues to the City." 

I, Be it enacted by the Senate and House of Representatives, now .^^^^.f |P®j-\,n of 
met and sitting in General Assembly, and by the authority of the ^"[.' 
same. That the third Section of an Act entitled " An Act to author- 
ize the City Council of Charleston to issue and put in circulation 
notes receivable in taxes or dues to the city," be, and the same is 
hereby, repealed, and the provisions of said Act, together with the 
amendatory Act entitled " An Act to amend an Act to authorize the 
City Council of Charleston to issue and put in circulation notes 
receivable in taxes or dues to the city," passed on the sixth day of 



230 



STATUTES AT LARGE 



A. D. 18G4. 



February, in the year of our Lord one thousand eight hundred and 
sixtj-three, shall be of force during the continuance of the present 
war, between the Confederate States and United States. 
. , ,... , II. That the first Section of said Act be so amended as to extend 

Additional .-,,.. n , ■ , , Pfiiii 

amount ofissuc the limit 01 the notes issued to the amount or nve hundred thousand 
authxinzed. dollars instead of three hundred thousand dollars. 



Limitation of 
Act. 



In the Senate House, the twenty-third day of December, in the 
year of our Lord one thousand eight hundred and sixty-four, 
and in the eighty-ninth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
R. B. BOYLSTON, Speaker House of Representatives. 



Ko. 4716. 



Commission- 
ers appointed. 



St. James' 
San tee'. 

St. Stephen. 



St. James', 
Goose Creek. 
Term of office. 



AN ACT TO Provide for the Appointment of Commissioners 
OF THE Poor for the Parishes of St. James, Santee, St. 
Stephen, and St. James, Goose Creek, 

Whereas, at the last general election for the said Parishes, there 
was a failure to elect Commissioners of the Poor for the same : 

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 Benjamin Fort, Isaac Skipper, Stephen D. Doar, Elias 
Butler and John Y. DuPre, be, and they are hereby, appointed 
Commissioners of the Poor for the Parish of St. James, Santee; 
that W. Mazyck Porcher, S. AV. Palmer, G. !McCay, John Palmer 
and Dr. John S. Palmer, be, and they are hereby, appointed Com- 
missioners of the Poor for the Parish of St. Stephen ; and that 
E. G. Shuler, S. C. Waruock, James Wiggins, J. T. Crawford and 
John McCullers, be, and they are hereby, appointed Commissioners 
of the Poor i'or the Parish of St. James, Goose Creek, to continue 
in office until the next general election, with all the powers and 
liabilties of Commissioners of the Poor as provided by law. 

In the Senate House, the twenty-third day of December, in the 
year of our Lord one thousand eight hundred and sixty-four, 
and in the eighty-ninth year of the sovereignty and independ- 
ence of the ytate of South Carolina, 

W. D. PORTER, President of the Senate. 

R. B. BOYLSTON, Speaker House of Representatives, 



No. 4717. AN ACT to Provide for the Appointment of Commissioners 
of the Poor for Lancaster District. 



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

Commission- ^^^ ^^^^ sitting in General Assembly, and by the authority of the 

ers appointed, same, That S. L, Straite and Andrew Johnson be, and the same are 



OF SOUTH CAROLINA. 

hereby, appointed Commissioners of the Poor in and for the Dis- 
trict of Lancaster, to continue in office until the next general elec- 
tion ; and they are hereby invested with all the powers, and subject 
to all the penalties that Commissioners of Poor by law now are. 

In the Senate House, the twenty-third day of December, in the 
year of our Lord one thousand eight hundred and sixty-four, 
and in the eighty-ninth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

R. B. BOYLSTON, Speaker House of Representatives. 



231 



A. D. 186-i. 



AN ACT TO Appoint Commmissioners of the Poor for Dar- 
lington, Horry and Richland Districts. 

Whereas at the last general election holden for Darlington, Horry 
and Richland Districts, there was a failure to elect Commissioners 
of the Poor for said Districts, for remedy thereof: 

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 H. G. Charles, Evander Byrd, A. N. Stuckey, Robert 
Huggins and A. B. Bristow, be, and are hereby, appointed Com- 
missioners of the Poor in and for the District of Darlington ; and 
James Floyd, William Best, C. B. Sarvis, Jesse J. Smith and Wil- 
liam Hardee, be, and are hereby, appointed Commissioners of the 
Poor in and for Horry District ; and the following for Richland 
District, viz : A. M. Hunt, John Scott, Jesse Reese, David Shan- 
non, Samuel Dent, Samuel Coogler, Joseph Douglas and Wesley 
Smith. 

In the Senate House, the twenty-third day of December, in the 
year of our Lord one thousand eight hundred and sixty-four, 
and in .the eighty-ninth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

WILLIAM D. PORTER, President of the Senate. 
R. B. BOYLSTON, Speaker House of Representatives. 



No. 4718. 



Commission- 
ers appointed. 



Darlington. 



Horry. 
Richland. 



AN ACT TO Provide for the Appointment of Commissioners No. 4719. 
OF THE Poor in Certain Cases. 

Be it enacted by the Senate and House of Representatives, now ers to be ap- 
met and sitting in General Assembly, and by the authority of the ft^iiure^^o^kct 
same, That whenever a failure to elect Commissioners of the Poor occurs. 



232 STATUTES AT LARGE 

A. D. 1864. shall occur in any Election District in this State, whether in whole 
^~~v ^ or in part, it shall be lawful for a majority of the delegation from 
such District to appoint the same, and the Commissioners so ap- 
pointed shall have all the powers which Commissioners of Poor by 
law now have, and be subject to the same pains and penalties. 

In the Senate House, the twenty-third day of December, in the 
year of our Lord one thousand eight hundred and sixty-four, 
and in the eighty-ninnth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

R. B. BOYLSTOiSr, Speaker House of Representatives. 



No. 4720. AN ACT to Extend the Time of Filing Official Bonds in 

Certain Cases. 



Persons 



bouds 



Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
miuury"* ser" Same, That if any person who, while in the military service of the 
vice allowed Confederate States, has been, or may hereafter be, elected to a civil 

iidditionaltime ^ • , ■ , , i • i • i . ,. 

to file official oiBce in this otate which requires the execution oi a bond beiore 
qualification to office, such person shall be allowed ninety days from 
the time the election has been or may be declared within which to 
file such bond. 

In the Senate House, the twenty-third day of December, in the 
year of our Lord oue thousand eight hundred and sixty-four, 
and in the eighty-ninth year of the sovereignty and indepen- 
dence of the State of South Cdrolina. 

W. D. PORTER, President of the Senate. 

R. B. BOYLSTON, Speaker House of Representatives. 



No. 472L AN ACT to Repeal so much of the Act to Establish a 
Separate Court of Appeals as Requires the Judges 
Thereof to be Chosen from among Certain Persons 
Therein Described. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
Portion of Same, That so much of an Act entitled " An Act to establish a 
Act repealed, geparate Court of Appeals," ratified on the nineteenth day of De- 
cember, eighteen hundred and fifty-nine, as requires the Judges of 
the Court of Appeals to be chosen from among the Chancellors and 
Judges in commission at the time of passing the said Act, and any 
additional Judge or Chancellor elected at the session of the General 



OF SOUTH CAROLINA. 233 

Assembly at which the said Act was passed, be, and the same is ^- D- ^864. 
hereby, repealed. ^ "" 

lu the Senate House, the twenty-third day of December, in the 
year of our Lord one thousand eight hundred aud sixty-four, 
and in the eio;hty-ninth year of the sovereignty aud indepen- 
dence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

R. B. BOYLSTON, Speaker House of Representatives. 



AN ACT TO Provide for Holding the Courts of Equity by No. 4722. 
TWO Chancellors for the Year One Thousand Eight Hun- 
dred AND Sixty-Five. 

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

the same. That until the next regular meeting of the General As- ^^ hoiT (?ou7ts 
sembly, it shall be the duty of the two Chancellors now in commis- unprovided for. 
sion, by agreement between themselves, to hold the Courts of 
Equity,*^ which, by reason of the vacancy now existing, will be 
otherwise unprovided for; and for the accomplishment of this pur- 
pose they shall have power to reduce the duration of the terra as Power to 
now fixed by law in any District, and to alter the time appointed and°after time^. 
for the sitting of any of the Courts to any other day within the 
period embraced in the Circuit to which such Court belongs : Pro- 
vided, That notice of such change shall be given to the Commis- 
sioner in Equity or Master in Chancery for the District in which 
such change is made, and by him be published for one month 
before the day so fixed for the sitting of the Court, the expenses 
thereby incurred to be paid out of the Contingent Fund. 

II. That any Act and all Acts inconsistent with the Section Suspension of 
aforesaid, be, and the same are hereby, suspended for the year one ^ 
.thousand eight hundred and sixty-five. 

In the Senate House, the twenty-third day of December, in the year 
ofour Lord one thousand eight hundred and sixty-four, and in 
the eighty-ninth year of the sovereignty and independence 
of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

R. B. BOYLSTON, Speaker House of Representatives. 



AN ACT to Define the Rights and Liabilities of Railroad No. 4723. 
Companies and Other Common Carriers. 

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 no public notice, or declaration, or special contract, 



234 STATUTES AT LARGE 

A. D. 18*34. shall limit or iu anywise affect the liability at common law, of 

^""~v-~-^ any railroad company within this State, for or in respect of any 

„?^'io°^'^v^w^ goods to be carried and conveyed by them, but that such railroad 

pames liable => inii-ii i fii 

foriossord.am- company shall be liable as at common law, to answer tor the loss 

st^ndingnotice of. or injury to, any articles and goods to be carried and conveyed 

by them, any public notice, or declaration, or special contract, 

by them made and given contrary thereto, or in any wise limiting 

such liability, notwithstanding. 

II. That no public notice or declaration shall limit, or in any 
wise affect the liability at common law of any public common 
Common ear- carrier, for or in respect of any goods to be carried and conveyed 
ble. by them, but that they shall be liable, as at common law, to answer 

for the loss of, or injury to, any articles and goods delivered to 
them for transportation, any public notice or declaration by them 
made and given contrary thereto, or in any wise limiting such lia- 
bility, notwithstanding. 

In the Senate House, the twenty-third day of December, iu the 
year of our Lord one thousand eight hundred and sixty- 
four, and in the eighty-ninth year of the sovereignty and 
independence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

R. B. BOYLSTON, Speaker House of Representatives. 



No. 4724. AN ACT to Continue in Force an Act Entitled " An Act 
TO Extend Relief to Debtors, and to Prevent the Sac- 
rifice OF Property at Public Sales." 

Be it enacted by the Senate and House of Representatives, 
now met and sitting in General Assembly, and by the authority of the 
Act re-enact- same. That an Act entitled "An Act to extend reliefto debtors, and 
force. °^^ ^° to prevent the sacrifice of property at public sales," ratiSed on the 
twenty -first day of December, in the year of our Lord one thou- 
sand eight hundred and sixty-one, and also an Act to continue in 
force the aforesaid Act, ratified the sixth day of February, in the 
year of our Lord one thousand eight hundred and sixty-three, and 
also, an Act to continue in force the said Act, ratified the seven- 
teenth day of December, in the year of our Lord one thousand 
eight hundred and sixty-three, be, and the same are hereby, contin- 
ued of force until the adjournment of the next session of the General 
Assembly of this State. 

In the Senate House, the twenty-third day of December, in the 
year of our Lord one thousand eight hundred and sixty-four, 
and in the eighty-ninth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

R. B. BOYLSTON, Speaker House of Representatives. 



OF SOUTH CAROLINA. 235 

AN ACT TO Repeal the Second Section of an Act Enti- f^ is^'^- 
TLED " An Act to Extend an Act Entitled an Act to ^"^T^l 
Extend some of the Provisions of an Act Entitled 'An J>o. 4^zo. 
Act in Reference to the Suspension of Specie Payments 
BY THE Banks of this State, and for Other Purposes,' 
TO the First Day of January, in the Year of our Lord 
ONE Thousand Eic4Ht Hundred and Sixty-Four." 

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 to extend an Act ^jSeeond^ Sec- 
entitled " An Act to extend some of the provisions of an Act enti- repealed. 
tied ' An Act in reference to the suspension of specie payments by 
the banks of this State, and for other purposes,' " passed on the 
seventeenth day of Dacember, in the year of our Lord, one thou- 
sand eight hundred and sixty-three, and in the eighty-eighth year 
of the sovereignty and independence of the State of South Carolina, 
be, and the same is hereby, repealed. 

lu the Senate House, the twenty-third day of December, in the 
year of our Lord one thousand eight hundred and sixty- 
four, and in the eighty-ninth year of the sovereignty and in- 
dependence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

R. B. BOYLSTON, Speaker House of Representatives. 



AN ACT to Vest the Right and Title of the State in Cer- No. 4726. 
TAIN Property Liable to Escheat in Elizabeth Myres, 
Ellen Myres and Catherine Myres. 

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 
the real estate whereof John H. Roy, late of St. Matthew Parish, j^j^^ tL^^Ro, 
in the District of Orangeburg, was seized and possessed at the time vested m EU- 
of his death, consisting of a tract of land lying and being in the Ind^thers!*^ " 
said Parish, containing one hundred and seventy acres, more or 
less, and bounded by lands of F. M. Wannamaker, Daniel McKen- 
sie, T. B. Whaley and the late Richard Singleton, and in and to all 
the personal estate of the said John H. Roy, of which he died pos- 
sessed or entitled to, be, and the same are hereby, vested in Eliza- 
beth Myres for and during her natural life, and, at her death, in 
her daughters, Ellen Myres and Catharine Myres, share and share 
alike, their heirs, executors and administrators. 

In the Senate House, the twenty-third day of December, in the 
year of our Lord one thousand eight hundred and sixty -four, 
and in the eighty-ninth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

R. B. BOYLSTON, Speaker House of Representatives. 



236 STATUTES AT LARGE 

A. D. isa"). a;n' ACT to Amend ax Act entitled "An Act to Regulate 
^~'~'' TPiE Printing and Distribution of the Acts and Resolu- 

No. 4727. tions of the General Assembly of this State, and for 
Other Purposes." 

Be it enacted by the Seuate and House of Representatives, now 

met and sitting in General Assembly, and by the authority of the 

Act of 1834 same, That an Act to regulate the printing and distribution of the 

amended. ^^^g ^^^^ Resolutions of the General Assembly of this State, and 

for other purposes, ratified the seventeenth day of December, iu 

the year of our Lord one thousand eight hundred and thirty-four, 

be, and the same is, so amended as only to require one thousand 

1,000 copies copies of the Reports, Resolutions and Journals hereafter to be 

Journals!* '^"'^ P'''i"t^6d, and that the said Reports, Resolutions and Journals in- 
tended for distribution amongst the several Districts of this State be 
in the following ratio, to wit : Abbeville, thirty-five; Anderson, 
twenty-five ; Barnwell, twenty ; Chester, twenty-five ; Chesterfield, 
twenty ; Darlington, twenty ; Edgefield, thirty ; Fairfield, thirty ; 
Greenville, twenty-five; Kershaw, tsventy-five ; Laurens, twenty- 
five; Lexington, twenty; Lancaster, twenty; Marlboro, twenty; 
Newberry, twenty; Orangeburg, twenty; Pickens, twenty-five;" 
Richland, forty; Union, twenty-five; Sumter, twenty; Spartanburg, 
twenty-five; York, twenty-five ; Beaufort, twenty-five ; Charleston, 
sixty; Colleton, twenty five ; Georgetown, twenty ; Horry, twenty ; 
Marion, twenty ; Williamsburg, twenty ; Clarendon, twenty. 

In the Senate House, the twenty-third day of December, in the 
year of our Lord one thousand eight hundred and sixty-four, 
and in the eighty-ninth year of the sovereignty and inde- 
pendence of the State of South Carolina. 

W. D. PORTER, President of the Senate. 

R. B. BOYLSTON, Speaker House of Representatives. 



No. 4728. AN ACT to Raise Supplies for the Year Commencing in 
October, One Thousand Eight Hundred and Sixty- 
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 
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 : Fifteen cents 

Tax on lands, ad valorem on every hundred dollars of the value of all the lands 
granted in this State, except such lands as during the y ar have 
been in possession of the Freedraan's Bureau, and on all lots, lands 
and buildings within any city, town, village or borough in this 
State, except such as during the year have been in possession of the 

Mule residents. Freedman's Bureau; two dollars per head on all male residents of 
this State between the ages of twenty-one and sixty years, except 
such as shall be clearly proved, to the satisfaction of the Collectors, 



OF SOUTH CAROLINA. 



237 



to be incapable, from maims or otherwise, of procuring a livelihood ; 
sixty cents per hundred dollars on factorage, employments, faculties 
and professions, including the 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 clergy- 
men ; sixty cents per hundred dollars on the amount of commis- 
sions received by brokers, vendue masters and commission mer- 
chants ; one dollar per head on each and every dog, of every kind 
and description, in the State on the first day of January, one 
thousand eight hundred and sixty-six, or brought into the State 
between that time and the date of the payment of taxes; forty 
cents per hundred dollars on the capital stock of all incorporated 
gas light companies now in active operation ; one hundred cents 
per hundred dollars on all premiums taken in this State by insur- 
ance companies incorporated within this State, and two hundred cents 
per hundred dollars on all premiums taken in this State by the 
agencies of insurance companies and underwriters incorporated with- 
out the limits of this State ; on all express companies doing business 
■within this State, one thousand dollars each, to be paid to the Tax 
Collector of Richland District; twenty cents upon every hundred dol- 
lars of the amount of sales of goods, wares and merchandise, embrac- 
ing all the articles of trade for sale, barter or exchange, (the products 
of this State and the unmanufactured products of any of the Uni- 
ted States or Territories thereof excepted,) which any person shall 
have made from the first day of May, of the present year, to the 
first day of January, in the year of our Lord one thousand eight 
hundred and sixty-six, either on his, her or their capital, or bor- 
rowed capital, or on account of any person or persons as agent, 
attorney or consignee; one hundred cents upon every hundred dol- 
lars of the amount of sales of all goods, wares and merchandise 
whatever, which any transient person, not resident in this State, 
shall make in any house, stall or public place ; one hundred cents 
on every hundred dollars of the value of all articles manufactured 
in this State for sale, barter or exchange; twenty dollars upon 
every hundred dollars of the value of all spirituous liquors manu- 
factured in this State for sale, barter or exchange, and upon all 
spirituous liquors brought into this State for sale, barter or ex- 
change; one hundred cents on every hundred dollars in value of 
all cotton on hand on the first day of October last, excluding the 
crop of the present year from this taxation ; one dollar on every 
hundred dollars of all sales of cotton made since the first day of 
May last to the first day of October, one thousand eight hundred 
and sixty-five : Provided, That the tax shall not be due on any 
cott^ n seized by the United States Government and not returned, 
or on any cotton stolen and not recovered ; one hundred cents on every 
hundred dollars in value of all crude turpentine, spirits of turpen- 
tine and rosin on hand on the first day of October last, excluding 
the production of the year one thousand eight hundred and sixty- 
five ; one hundred cents on every hundred dollars of all sales of 
said articles from first of May last to first of October, one thousand 
eight hundred and sixty-five, except sales of production of present 
year ; twenty dollars per day for representing publicly for gain or 
reward any play, comedy, tragedy, interlude or farce, or other em- 



A. D. 1865. 



Factorage and 
prolessions. 



Dogs. 



Gas-light and 
insxirance com- 
panies. 



Merchandise. 



Cotton. 
Proviso. 



Turpentine 
and rosin. 



Exhibitions. 




238 STATUTES AT LARGE 

ployment of the stage, or any part therein, or for exhibiting wax 

figures, or other shows of any kind whatsoever, to be paid into the 

_ ^g hands of the Clerks of the Court respectively, who shall be bound 

paid. to pay the same into the public Treasury, excepting in cases where 

the same is now required by law to be paid to corporations or other- 
wise. 

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. And whenever 
any person, upon whom a tax is imposed by this Act, has no visible 
property upon which an executitn can be levied, it shall be the duty 
of the Tax Collector to sue out of the District Court a special at- 
tachment, attaching moneys and credits in the hands of any one 
whomsoever, and due to such person, which special attachment shall 
be conducted in the same way and be subject to the same regulations 
as are provided for special attachments in the Act to establish Dis- 
Proviso. ti'ict Courts : Provided, That any employer may make returns of 
the names of such persons as are employed by him, and pay the tax 
of such person, in which case the tax receipts shall be a good and 
valid set-off in any action for wages by such employee against such 
employer. 
Machinery HI. In making assessments for taxes on the value of taxable 

exempted. property used in manufacturing, or for railroad purposes, within this 
State, the value of the machinery used therein shall not be included, 
but only the value of the lots and buildings as property merely. 
Sullivan's Is- ^^' '^^^^^ ^^^^ ^'^^s and houses on Sullivan's Island shall hereafter 

land property, be returned to the Tax Collector of the tax District in which they 
are situated, in the same manner as other town lots and houses, and 
shall be liable to the same rates of taxation. 
Taxes, how V- That the taxes herein levied shall be paid only in gold and 

p^id. silver coin. United States Treasury notes, or notes declared to be a 

legal tender by the Government of the United States, or such Bills 
Receivable as may be issued under the authority of the present 
Legislature; and also pay certificates of Junjrs and Constables for 
attendance on the Court of Common Pleas ; pay certificates of bear- 
ers of votes for Governor and Lieutenant Governor and JSIembtrs 
of Congress ; and pay certificates of INIembers of this session of the 
Commissions Legislature. The Tax Collectors of the several collection Districts 

of^Iax Collect- gi^^ll be allowed, on all sums of money paid into their hands for 
taxes, a commission as follows, that is to say : The Tax Collector of 
Horry and St. James', Goose Creek, a commission at the rate often 
per cent. ; the Tax Collectors of Anderson, Chester, Chesterfield, 
Christ Church, Clarendon, Darlington, Greenville, Lancaster, 
Laurens, Lexington, Marion, Marlboro, Newberry, Orange, Pickens, 
Prince William's, Spartanburg, All Saints', St. Andrew's, St. George's, 
Dorchester ; St. James', Santee; St. John's Berkeley, St. Luke's. St. 
Paul's, St. Peter's, St. Thomas' and St. Dennis', Union, York, Wil- 
liamsburg and Barnwell, at the rate of seven i)ercent. ; the Tax 
Collector of St. Philip's and St. ISIichael's, at the rate of four per 
cent., until the commission amounts to three thousand dollars, and 
after that amount, on all remaining suras, at one per cent.; all the 
other Tax Collectors, a commission at the rate of five per cent. 
Tax Collectors shall make their returns at the Treasury, in Colum- 
bia, on or before the first of August. 



OF SOUTH CAROLINA. 239 

VI. That before the collection of the taxes herein levied, an as- ^- ^- ^865. 
sessment shall be made of the actual value of the property taxed ; ""-"^v""^ 
and for that purpose the Tax Collectors of the several Districts and to ife made!"*^ 
Parishes, except the Parishes of St. Philip and St. Michael, are 

hereby constituted Assessors, for which additional labor they Sliall 

receive as compensation a sum equivalent to forty per cent, of their 

tax commissions as allowed by this Act. That each Tax Collector, 

before entering upon his duties as Assessor, shall take and subscribe 

before the Clerk of the Court of the District the following oath, 

which shall be endorsed on his comoaission, viz: " I, A. B., do Oath of office. 

promise and swear that I will, to the best of my ability, execute the 

duties of Assessor for my collection District, and will, without favor 

or partiality, ascertain and assess the actual value of the property, 

real and personal, upon which an ad valorem tax is laid before, and 

for the purpose of laying such tax." 

VII. It shall be the duty of the Assessor in each District to re- f,V}^^y ^^ ^^^ 
quire from each tax-payer, or person subject to taxation under this 

Act, a full return, on oath, of all cotton, crude turpentine, spirits of 
turpentine and resin in his or her hands on the first day of Octo- 
ber last, subject to taxation under this Act; and in case any tax- 
payer, or person subject to such tax, shall neglect or refuse to make 
such return, on oath, as aforesaid, it shall be the duty of such As- 
sessor forthwith to assess the probable value of such cotton, crude 
turpentine, spirits of turpentine and resin subject to such tax in the 
hands of such person as aforesaid, which said assessment shall be 
held to be true, and the tax be estimated thereon, unless such tax- 
payer or person liable to such tax shall, within ten days after notice 
thereof, make return, on oath, to such Assessor of all his cotton, 
crude turpentine, spirits of turpentine and resin so liable to tax as 
aforesaid. 

VIII. That it shall be the duty of the Treasurer to cause the 

official bonds of the several Tax Collectors of this State to be ex- su?e'i*^°^'^^^'^' 
amined by the Commissioners appointed in their respective tax Dis- 
tricts to approve public securities, and if the said b tnds are found 
to be sutficieut and satisfactory, they shall re-affirm their original 
approval thereof; but if found insufficient and unsatisfactory, they 
shall require the same to be re-executed and renewed with good and 
sufficient sureties. 

IX. The Treasurer of the State is hereby authorized to borrow. Money to be 
on the faith and credit of the State, a sum not exceeding one hun- borrowed. 
dred thousand dollars, payable not more than twelve months after 

date, and to deposit such collateral securities as may be received and 
transferred to the State by the President of the Bank of the State 
for the same purpose : Provided, however, If the said loan has al- Proviso. 
ready been negotiated in accordance with a joint resolution of both 
Houses of the General Assembly, then the authority gran.ted to the 
Treasurer shall not be exercised, unless to substitute for the note of 
the President of the Bank of the State the note or obligation of the 
Treasurer of the State: Provided, furthermore. That the Treasurer 
shall execute an obligation to the President of the Bank for all 
collateral securities he may obtain from said bank in behalf of the 
State. 

X. The taxes prescribed to be levied and collected by this Act, 



240 STATUTES AT LARGE 

A, D. isdo. as well as the sum of one hundred thousand dollars authorized to 
'"""■'^""^ be borrowed by this Act, and also all Bills Receivable which may 
to^ay out.^'^*' be hereafter issued by virtue of any Act that may be passed at ihe 
present session of the General Assembly, shall be paid out by the 
Treasurer only, in obedience to an Act of the General Assembly at 
its present or some future session. 
Branches of Xi. That the President and Directors of the Bank of the State 
theState^o be of South Carolina be, and they are hereby, authorized and required 
closed. to close the branches and agencies of said bank, and that the prin- 

cipal bank in Cnarleston shall cease to be a bank of issue, but shall 
continue to act as a bank of deposit until further action of the Leg- 
islature; and the said President and Directors are hereby author- 
ized and required to collect the assets and property of the bank, 
and hold the same specially appropiated, first, to the payment of 
the principal and interest of the bonds known as the Fire Loan 
Bonds, payable in Europe; second, to the payment of the principal 
and interest of the Fire Loan Bonds, payable in the United States; 
and third, to the redemption of outstanding notes hitherto issued 
by said bank. That the bank aforesaid is hereby required to receive 
on special deposit, and to pay out on checks founded on such de- 
posits, such Bills Receivable or other evidences of indebteduess as 
the State may order to be issued in payment of amounts due. That 
the said bank shall, as agent of the State, continue to receive and 
hold on deposit, as now provided by law, the funds of the State; 
and the President and, Directors are hereby authorized and required 
to make arrangements, by an agency, for the reception, safe-keeping 
and paying out of said funds in Columbia, on the draft or order of 
the Treasurer; and they shall also provide offices for the Comptrol- 
ler and Treasurer, and for these purposes they are hereby author- 
ized to use any part of the new State Capitol, or any other building 
belonging to the State which may not be in use by the State. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-five. 

W. D. PORTER, President of the Senate. 

C. H. SLMONTON, Speaker House of Representatives. 

Approved : James L. Orr. 



No. 4729. AN ACT to Make Appropriations for the Year Commexcing 
IN October, One Thousand Eight Hundred and Sixty- 
Five. 

1. 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, appropria- 
ted for the payment of the various officers and expenses of the State 
For Execu- Government, that is to say: In the Executive Department: For 
ment. ^'^''"^''^~ the salary of the Governor, three thousand five hundred dollars; 
for the Private Secretary of the Governor, twelve hundred dollars ; 
for the Messenger of the Governor, one hundred dollars; for the 



OF SOUTH CAROLINA. 241 

Contingent Fund of the Executive Department, ten thousand del- -^' ^- i^'»- 
lai'S, to be subject to the draft of the Governor, and to be accounted '^"v— ' 
Ibr annually by him to the Legislature ; for the rent of the Gover- 
nor's Jiouse, in Columbia, three hundred dollars. 

11. In the Legislative Department : For the pay of the Members Foi-Legis- 
of the Legislature and the Attorney Geueral and Solicitors, during ment! '^p^'"'^" 
the special and present session, fifty-three thousand dollars, if so 
much be necessary ; and for the expenses of the late Convention, 
nineteen thousand three hundred and two dollars and ten cents; for 
the salaries of the Clerks of the Senate and House of Representa- 
tives, twelve hundred dollars each ; and to the said Clerks for the ser- 
vices of tvvo 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 Legislature; for 
the salaries of two Messengers and two Doorkeepers, each two hun- 
dred and fifty dollars, to be paid at the adjournment of the Legisla- 
ture; to the Messengers of the House and Senate, for extra services 
as mail carriers, fifty dollars each ; for the salary of the Keeper of 
the State House and Librarian, seven hundred dollars; for the sala- 
ries of the Reading Clerks of the Senate and House of Representa- 
tives, each two hundred and fifty dollars, to be paid at the end of 
the session ; for the services of four Engrossing Clerks, to be paid 
under the direction of the Speaker of the House and President of 
the Senate, the same pay and mileage as is now allowed the mem- 
bers of the General Assembly; for the printers of the Senate and 
House of Representatives, in puruance of the contracts made by 
the Committees of both Houses, to Avit: Printing the Acts, Reports 
and Resolutions of the General Assembly of one thousand eio-ht 
hundred and sixty-four; also, the State Constitution, Ordinances, 
Reports and Resolutions of the Convention; also, the current and 
permanent work of the special and present session of the General 
Assembly, and for publishing the Acts and Resolutions of the same 
in a public newspaper, twenty thousand dollars, if so much be neces- 
sary : Provided, That the number of copies specified in the proposals 
of the printers, as accepted by the Legislature, shall be printed and rpj^^^^ ^^^,^^ _ 
deposited in the office uf the Treasurer of the State, at Columbia, ijvery of pub- 
before the fifteenth day of March next, and the amount to be paid ^''^ p™^"^'"-'. 
according to the proposals, which shall be ascertained by the Treas- 
urer aforesaid: And further provided, That the Public Printer do 
publish in his newspaper, at Columbia, all the public Acts which irA''^^ '"^ '■^® 
may be passed at the present session, within three weeks after the newspaper. '" 
adjournment of the Legislature, and forward by mail, as soon as 
such paper is issued, a copy to each member of the General Assem- 
bly, and to each of the Judges, and to the Attorney General, and 
each of the Solicitors; for stationery, fuel, distributing Acts, and 
expenses of the election returns, to include the sums due Messen- 
gers for bringing and delivering to tlie Secretary of State the re- 
turns of elections for Governor and Lieutenant-Governor, and 
members of Congress, four thousand dollars, if so much be neces- 
sary ; for contingent expenses of Legislative Library, to be paid on 
draft of the Jbibrarian, accounted for by him at the Treasury, and 
reported by the Treasurer to the General Assembly, two hundred 
dollars, if so much be necessary ; for the salaries of the two mes- 
VOL. 13—16 



242 STATUTES AT LARGE 

A. D. iSGo. senger boys of the Senate, one dollar and fifty cents 'each, per day, 
^^ V ^ during the pesent session. 
For Judiciary III. In the Judiciary Department: For the salary of the Chief 

Department. Justice, thirty-five hundred dollars; for the salaries of ten Judges, 
three thousand dollars each ; for the salary of the Attorney Gene- 
ral, eleven hundred dollars; for the salaries of five Solicitors, nioe 
hundred dollars each ; for that portion of the salaries of the Law 
Judges and Chancellors of the said State which has accrued from the 
first of January to the first day of October, of the present year, and 
is undrawn, namely: the sum of two thousand two hundred and 
fifty dollars to each Law Judge and Chancellor, and in case of 
death, to their personal representatives, according to the same rule 
for the salary of the Attorney General, the sum of eight hundred 
and twenty-five dollars; and for each of the Solicitors, the sum of 
six hundred and seventy-five dollars: Provided, That the terms of 
this appropriation shall not prejudice the claims of these officers for 
arrears of their salaries previous to the first of January eighteen 
hundred and sixty-five; for the Clerk of the Court of Appeals, who 
shall be the Librarian, eiglit hundred dollars, the same to include 
the expense of fuel ; for the salary of the Messenger of the said 
Proviso. Court, two hundred dollars: Provided, It shall be the duty of the 
said Messenger to summon all members of the Bar who are mem- 
bers of the Legislature when their cases may be called for trial; for 
the purchase of books for the Library of the Court of Appeals, one 
hundred dollars, to be drawn and expended by order of the presid- 
ing Justice ; for fire- wood and fuel for the Court of Appeals, fifty 
dollars, if so much be necessary; for the salary of the State Re- 
})orter, one thousand five hundred dollars ; and the several appro- 
])riations aforesaid for the Clerks, Librarians. Messengers, Reporter, 
and for the incidental expenses of the Court of Appeals, shall be 
paid by the Treasurer, only upon warrants, to be drawn by the pre- 
siding Judge of the Court of Appeals, at such times and for such 
portions as they may deem just and proper ; and it shall be the duty 
of the said Reporter to attend in person or by deputy the sittings 
of the Court of Appeals, and to report such arguments and state- 
ments of i'acts as may be necessary to a correct understanding of the 
decisions of the said Court; for thirty-one Judges of the District 
Courts, five hundred dollars each ; for the pay of Jurors and Con- 
stables, ten thousand dollars, if so much be necessary. 
J rp. , ^. IV. In the Treasury Department: For the salary of the Troa- 

Department. " surer of the State, thirty-two hundred dollars, including the salaries 
of one or more clerks; for the salary of the Comptroller General 
twenty-five hundred dollars, including clerk's salary, said clerks to 
be appointed by and removed at the pleasure of the Treasurer and 
Comptroller General respectively; for the Assessor of St. Philip's 
and St. Michael's, for making out and affixing assessments of his 
annual return, six thousand dollars; for arrears of salaries of the 
Comptroller General, Comptroller's clerk. Treasurers of the Upper 
and Lower Divisions and Secretary of State, due from the first day 
of January last to the first day of October, eighteen hundred and 
sixty-five, five thousand nine hundred and thirty-four dollars and 
thirty-seven cents, if so much be necessary. 

V." For the Uuiversitv of South Carolina: For the salaries of 



OF SOUTH CAROLINA. 243 

eight Professors, eight thousand dollars ; for the Librarian of the ^- ^- 18'55. 
University, who shall be the Secretary of the Board of Trustees, ^— '^r^— ' 
six hundred dollars, to be paid by the Treasurer of the State, quar- caroUna^Uni^ 
terly, in advance, his drafts being countersigned by the Chairman versity. 
of the Executive Committee of the Board of Trustees. 

VL For the Ordinary Civil Expenses: For the payment of p.^?/" O^'din'^^'J 

1 • ,1 1 ni (• 1 1 V II •£• Civil liiXpenses. 

the contingent accounts or the State, lour thousand dollars, it 
so much be necessary ; for the payment of pensions and annu- 
ities, three hundred dollars, if so much be necessary; for the 
payment of such claims as shall be admitted by the Legislature 
at its present session, four thousand dollars, if so much be ne- 
cessary ; 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 pame manner as the appropriation heretofore 
made ; for the support of Free Schools, twenty-five thousand dollars, 
if so much be necessary, to be distributed on the basis of represen- 
tation in the popular branch of the General Assembly, and tliat no 
District be excluded from a share of this appropriation because of 
default of Commissioners in making their annual report ; 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 Com- 
mittees, five thousand dollars, if so much be necessary ; for the 
Lunatic Asylum, twenty thousand eight hundred and ninety-seven 
dollars, and that twelve thousand dollars of this sum be refunded 
out of any moneys cow due the Asylum, which may be collected 
during the year, if so much shall be collected ; for Librarian, act- 
ing also as Treasurer and Secretary of the Trustees, five hundred 
and twenty-five dollars for the year eighteen hundred and sixty- 
five. 

VII. For Military Expenditures: For the salaries of the follow- For Military 
ing officers: For the salary of the Adjutant and Inspector General, Expenditures, 
fiiteen hundred dollars; for the support of the Military Academy 

at Charleston, five thousand dollars, if so much be necessary Cto be 
paid when the Institution goes into operation) ; for military contin- 
gencies, ten thousand dollars, to be drawn and accounted for as 
directed by the Legishxture; for the salary and services of the 
Secretary of State, eight hundred dollars, in lieu of all charges 
against th'e State for signing military and civil commissions ; one 
thousand dollars for the services of Wm, R. Huntt in preserving 
the records of the State. 

VIII. For the Ordinary Local Expenditures: For maintaining For Ordinary 
and keeping open the Roper Hospital in Charleston, three thou- Local Expend- 
sand dollars, to be paid to the Meiical Society in trust for the 

Roper Fund to defray the expenses of the said Hospital : Pro- 
vided, This appropriation shall not go into effect until the build- 
ings shall have been released by the United States military au- 
thorities. 

IX. For the support of the Catawba Indians, twelve hundred Forsupportof 
dollars, if so much be necessary, to be paid to the order of the ^"'^^^'^'^^• 
Indian Agent, and to be expended under the direction of the Gov- 
ernor. 

X. For Public Buildings: For building log houses, to serve the For public 
purpose of jails in Kershaw, Sumter, Clarendon, Lancaster, Ches- '^^"i^^"^^^- 



244 STATUTES AT LARGE 

A. D. 1865. terfield, Barnwell, Richland, Beaufort, Lexington and Orangeburg 
^"""v "^ Districts, one thousand dollars each ; for building or renting houses 
for the sittings of the Court in Clarendon, Orangeburg, Chester- 
field, Richland, Barnwell, Beaufort and Lexington Districts, one 
thousand dollars each ; for removing public records to Charleston, 
three hundred dolltvrs ; for removing public records to Barnwell 
District, one hundred dollars ; for removing records of Tieasurer 
of the Upper Division from Newberry Court House to Columbia, 
about ftfur thousand pounds, the sum of one hundred dollars, if so 
much be necessary; the above sums, or only so much thereof as 
may be necessary, are hereby appropriated and are to be drawn 
and expended by the Commissioners of Public Buildings for the 
Districts respectively, and accounted for by them ; for enclosing 
the State House Grounds, twenty-five hundred dollars, if so much 
be necessary, to be paid on the drafts of the Governor. 
For extraordi- •^^- For Extraordinary Expenditures : For the rent and fixtures 
nary expcudi- of a house for the use of the Court of Appeals, three hundred dol- 
'^'^'"^" lars, the contract relating thereto to be approved by the Chief Jus- 

tice before the uoney is drawn on his order; and for new dockets, 
the sum of one hundred dollars ; for the expenses and services of 
the Special Agent at Washington, one thousand dollars; for the 
payment of the Clerk of the Senate and the Clerk of the House 
of Representatives, for services at the special session, four hundred 
and fifty dollars each : Provided, Said officers shall receive no com- 
pensation for services rendered at any extra session called before 
the fourth Monday in November next. That an amount not ex- 
ceeding one hundred thousand dollars is hereby appropriatetl for 
the payment, when it falls due, of the money authorized to be 
borrowed under Joint Resolution of the two Houses, at the present 
session ; and that the Treasurer pay the same from any money in 
the Treasury ; to defray the expenses of the Commissioners on the 
Code of Laws in relation to persons of color, including hire of 
clerks, the sum of four hunr.red dollars, to be paid to the order of 
either of the Commissioners ; to the Treasurer, for having carried 
the Acts and Resolutions of the General Assembly from any Dis- 
trict in which they have accumulated, and where there is a surplus, 
to any District where they have been destroyed and are needed, the 
sum of two hundred dollars, if so much be necessary ; for the trans- 
portation of the State records, five hundred dollars, if so much be 
necessary, to be paid to the ofiicers having charge of them, in pro- 
portion to the cost incurred by them respectively. 

In the Senate House, the twenty-first day of December, in the year 
of our Lord one thousand eight hundred and sixty-five. 

W. D. PORTER, President of the Senate. 

C. H. SIMONTON, Speaker House of Representatives. 

Approved : James L. Orr. 



OF SOUTH CAROLINA. 245 

AN ACT Preliminary to the Legislation Induced by the a. d. ises. 
Emancipation of Slaves. ^— v ' 

No. 4730. 
Whereas the Conventioa of this State, by the Coustitution lately Preamble, 
ratified, did recognize the emancipation of slaves and declare that 
" neither slavery nor involuntary servitude, except as a punishment 
for crime, shall ever be re-established iu this State," and did direct 
that, for each District in the State, there should be established an 
Inferior Court, to be styled " the District Court, which Court shall • 

have jurisdiction of all civil causes wherein one or both of the 
parties are persons of color, and of all criminal causes wherein the 
accused in a person of color ;" 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 Preliminary to 
same. That this Act shall be preliminary to " An Act to establish ''"■*'''''' '^'^■'^'• 
and regulate the domestic relations of persons of color, and to 
amend the law in relation to paupers, vagrancy and bastardy ;" and 
" An Act to establish District Courts," and " An Act to amend the 
Criminal Law," which Acts have been induced by the Coustitution 
aforesaid ; and that in reference to these Acts the following provi- 
sions shall obtain : 

II. Words importing the singular number only shall be construed Construction 
to apply to several persons or things as well as one person or thing, °^ ^^"'■'^^• 
and every word importing the masculine gender only, shall be con- 
strued to extend to a female as well as a male, where the contex 

does not forbid such construction. 

III. All free negroes, mulattoes and mestizoes, all freedmen and Persons of 
freedwomen, and all descendants through either sex of any of these '^^^^''' 
persons, shall be known ^?> persons of color, except that every such 
descendant, who may have of Caucasian blood seven-eights or more 

shall be deemed a white person. 

IV. The Statutes and regulations concerning slaves are now in- Rights of 
applicable to persons of color ; and although such persons are not sols!^'^ ^'^^' 
entitled to social or political equality with white persons, they shall 

have the right to acquire, own and dispose of property ; to make 
contracts; to enjoy the fruits of their labor; to sue and be sued; 
and to receive protection under the law in their persons and pro- 
perty. 

V. All rights and remedies respecting persons or property, and rikMs and 
all duties and liabilities under laws, civil and criminal, which telfded''^ ^^" 
apply to white persons, are extended to persons of color, subject to 

the modifications made by this Act and the other Acts he'reinbe- 
before mentioned. 

In the Senate House, the nineteenth day of December, in the 
year of our Lord one thousand eight hundred and sixty- 
five. 

W. D.^ PORTER, President of the Senate. 

C. H. SIMONTON, Speaker House of Representatives. 

Approved: James L. Orr. 




No. 4731. 



STATUTES AT LARGE 

AN ACT TO Amend the Criminal Law. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, as follows : 



SOME FELONIES WITHOUT BENEFIT OF CLERGY. 



A*auUs 



Rape. 



Insurrection. 



I. Either of the crimes specified in this first Section shall be fel- 
ony without benefit of clergy, to wit: For a person of color to 
commit any wilful homicide unless in self-defense ; for a person of 
color to commit au assault upon a white woman with manifest 
intent to ravish her ; for a person of color to have sexual inter- 
course with a white woman by personating her husband ; for any 
person to raise an insurrection or rebellion in this State ; for any 
person to furnish arras or ammunition to other persons who are in 
a state of actual insurrection or rebellion, or permit them to resort 
to his house f >r advancement of their evil purpose ; for any person 
Poisoning, to administer, or cause to be taken by any other person, any poison 
chloroform, soporific or other destructive thing, or to shoot at, stab, 
cut or wound any other person, or by any means whatsoever to 
cause bodily injury to any other person, whereby, in any of these 
cases, a bodily injury dangerous to the life of any other person is 
caused, with intent in any of these cases to commit the crime of 
murder, or the crime of rape, or the crime of robbery, burglary or 
larceny ; for any person who had been transported under sentence 
to return to this State within the period of prohibition contained in 
the sentence ; or for a person to steal a horse, or a mule, or cotton 
packed in a bale ready for market. 
Parcels of a ^^- -^ kitchen, saioke-house, corn-crib, storeroom, dairy, ser- 
dwelling house vants' room, carriage house, barn or stable, rice-pounding mill, 
threshing-mill, store-harn, mill-house, gin-house, work-shop, factory 
or potato-house, within two hundred yards of a dwelling-house, and 
used by any person residing in the dwelling-house, or in either of 
the buildings here enumerated, shall be considered parcel of such 
dwelling-house in respect to the crimes of burglary and arson, and 
all crimes which, either by common law or Statute, are constituted 
or aggravated by being committed in a dwelling-house. And under 
this Section, any house in which dwells a watchman or other person 
appointed to watch or protect property, shall be considered a parcel 
of the dwelling-house, of which all the buildings just enumerated 
shall be protected. 

SOME FELONIES WITH BENEFIT OF CLERGY. 



Theft. 



Attempted 
crimes. 



III. Either of the crimes specified in this third Section shall be 
felony with benefit of clergy, to wit : For any person to attempt to 
raise an insurrection or rebellion in this State or to counsel, aid or 
hire any other person to raise any insurrection or rebellion, although 
no insurrection or rebellion may take place ; for any person to ad- 
minister, or cause to be taken by any other person, any poison, 
chloroform, soporific or other deleterious thing, or to shoot at, stab, 
cut or wound any other person, or b^ any means whatsoever to cause 



OF SOUTH CAROLINA. 247 

bodily injury to any other person, whereby, in any of these cases, a ^- ^- i^- 
bodily injury, serious but not dangerous to life, is caused to any other ~'^ 

person, with intent in any of these cases to commit the crime of 
murder, or the crime of rape, or the crime of robbery, burglary or 
larceny ; for any person to commit an assault with any kind of 
loaded arms, or with a sword, dirk, knife, axe, hatchet or other 
deadly weapon, whereby bodily injury to any person is caused, with 
intent to commit the crime of murder, or the crime of rape, or the 
crime of robbery or burglary ; for any person to steal or destroy, 
or wilfully conceal any last will and testament, or any paper in the 
nature of a last will and testament ; for any person to break and 
enter any corn-crib, cotton-house, gin-house, meat-house, stable, 
shop, store-room, ware-house, counting-house, or other out-house,^ 
not by the second Section of this Act, or by previous law, parcel of 
a dwelling-house, and steal therein any chattel, money or valuable 
security ; for any person to steal any bull, cow, ox, steer or calf; or 
to steal any sheep, hog or goat ; for any person unlawfully and ma- 
liciously to burn or destroy, or cause to be burned or destroyed any 
cotton, in the seed or ginned, loose or in bale, any corn, shucked or 
unshucked, any wheat, rice, oats, rye, barley, peas or other grain, 
thrashed or unthrashed, any fodder, hay, straw or shucks, if pro- 
perty to the value often dollars be thereby destroyed ; for any per- 
son,"unlawfully and maliciously to burn or destroy, or cause to be 
burned or destroyed any gin-house, mill-house, shop, or other out- 
house or building, not by the second Section of this Act, or by pre- 
vious law, parcel of a dwelling-house; for any servant to steal any 
chattel, money or valuable security, to the value of ten dollars, . 
belonging to or in the possession or power of his master or employ- 
er, or being in any dwelling-house ; for any person to take from 
any field, not belonging toor being in the possession of such person, 
any cotton, corn, rice, or other grain, although the same may not 
have been severed from the soil fraudulently, with an intent secretly 
to convert the same to the use of such, per:■^ou taking the same; or 
for any person wilfully to set fire to turpentine farms; tor any 
person willfully to cut any rice tield dam, or disturb any tank or 
flood-gate, whereby damage may be caused to the growing crop. 

IV. The punishment of felony with benefit of clergy, ibr the Modes of pun- 
first offense, shall, at the discretion of the Court, be by one or more isln^icnt. 
of the following modes, to wit : Transportation beyond the limits 
of this State, and prohibition of return lor a period not less than 
five years ; confinement in a penitentiary, work-house or penal 
farm, (when such institutions shall exist,) for a period not less than 
three months, nor more than ten years ; with such imposition of 
hard labor and solitary confinement as may be directed ; whipping 
in all cases involving the crimen falsi ; disqualification to vote, for a 
term of years not exceeding twenty, at any election made by the 
people of this State, or of any part thereof, for any civil or political 
office; confinement in treadmill or stocks, solitary confinement, 
bard labor, corporal punishment ; imprisonment, not less than three 
mouths nor more than ten years ; fine, not less than one hundred 
dollars, nor more than five thousand dollars. But no punishment 
more degrading than imprisonment shall be imposed on a white 
person for a crime not infamous. 



248 STATUTES AT LARGE 

A. D. lSfi5. SOME MISDEMEANORS. 

AKgravatcii V. The ofFeiises specified in this fifth Section shall be aggravated 

misdemeanors, misdemeanors, to wit : For any person to administer, or attempt 

to administer to any other person, or cause to be taken, or to 

attempt to cause to be taken, by any other person, any poison, 

chloroform, soporific, or other deleterious thing; or for hira to 

commit an assault on any other person, with intent in any of these 

cases to commit the crime of murder, or the crime of rape, or the 

crime of robbery, or larceny, or with the intent to maim, disfigure 

or disable such other person, or to do some other grievous bodily 

harm to such other person, or with intent to resist or prevent the 

lawful apprehension or detainer of any person, although no bodily 

injury may be eflected ; for any servant to steal any chatlle, money, 

or valuable security, below the value of ten dollars, belonging to 

or in the possession or power of his master or employer, or being in 

any dwelling house; for any person unlawfully and maliciously to 

burn or destroy, or cause to be burned or destroyed any agricultural 

product, although property to the value of ten dollars may not 

therel)y be destroyed ; for a servant to assult his master or employer, 

or any member of his master's or employer's family, or any person 

authorized to direct and control him. 

Punifhment VI. All simple larceticies and thefts, were the value of the goods 

cony. find chatties, moneys and valuable securities stolen is less than tea 

dollars, shall be misdemeanors, punishable by whipping, corporal 

punishment, hard labor, and the necessary imprisonment, at the 

discretion of the Court. 

Violation of Vtl. Of chattels, moneys and valuable securities, which were 

trust to be lar- delivered by the owner thereof to any other person to be kept, 

carried or otherwise dealt with for the owner, or which were in the 

custody of any other person, under any trust reposed in such other 

person by the owner, the felonious carrying away by such other 

person shall be larceny. 

Punishment VIII. If any clerk, servant or other employee, shall receive or 
for emlx'zzlc- * i • » i- • i *.. i i i i v x- 

ment. take into his possession any chattel, money or valuable security, for 

or in the name of, or on the account of his employer or master, 
and shall fraudulently embezzle the same, or any i)art thereof, such 
clerk, servant or employee shall, upon conviction thereof, be pun- 
ished in the same way as if he had been convicted of having 
feloniously stolen from the employer or master chattels, moneys or 
valuable securities of the same amount in value. In any such 
case, except when the otFense shall relate to a chattel, it shall be 
sufficient to allege the embezzlement to be of money, without 
specifying any particular coin or valuable security, and to prove 
the embezzlement of any amount of moneys or valuable securities. 
If in any such case, upon the trial the proof shall show a larceny, 
the jury shall be at liberty to return a verdict that the offender is 
not guilty of embezzlement, but is guilty of simple larceny, or of 
larceny as a servant, as the case may be ; and upon the trial of a 
clerk, servant or employee for larceny, if the proof shall show an 
embezzlement, the jury shall be at liberty to return a verdict that 
the offender is not guilty of larceny, but is gnilty of embezzlement; 
and thereupon, in either case, the efll'ect shall be the same as if the 



OF SOUTH CAROLINA. 249 

offense whereof the offender is found guilty had been specially A. D. 1S65. 
alleged, the amount in value being taken to be that which was ^*"~v^"^ 
alleged, unless the verdict shall fix a less amount. No person tried 
for embezzlement or larceny as aforesaid shall be liable to be 
afterwards prosecuted for larceny or embezzlement upon the same 
facts. 

IX. If any person shall incite, procure, hi»'e or counsel a servant ^ An aeccsisory 
to commit a larceny or embezzlement of any chattels, money or felony. 
valuable security of his master, such offender shall be guilty of an 

offense, which, according to the event, may be a misdemeanor or a 
felony. If the said larceny or embezzlement should not be com- 
mitted by such servant, the offender shall be guilty of a 
misdemeanor, and, upon conviction, be punished as if he had been 
convicted of simple larceny of goods below the value of ten 
dollars. If the said larceny or embezzlement should be committed 
by the servant, and be itself only a misdemeanor, the offender 
aforesaid shall be deemed a principal in that misdemeanor, and, 
upon conviction, be punished accordingly. If the said larceny or 
embezzlement committed by the servant should be a felony, the 
offender aforesaid shall be an accessory before the fact, may be 
tried and convicted, whether his principal be or be not previously 
convicted, and, upon conviction, shall be punished according to the 
nature of his crime under the law. 

X. A person of color who is in the employment of a master , Unlawful sale 
engaged in husbandry shall not have the right to sell any corn, of property. 
rice, peas, wheat or other grain ; any flour, cotton, fodder, hay, 

bacon, fresh meat of any kind, poultry of any kind, animal of any 
kind, or any other product of a farm, without having written 
evidence from such master or some person authorized by him, or 
from the District Judge or a Magistrate, that he has the right to 
sell such product ; and if any person shall directly or indirectly 
purchase any such product from such person of color, without such 
Vvntten evidence, the purchaser and seller shall each be guilty of a 
misdemeanor. The purchaser, upon conviction of any such offense, 
shall be liable to a fine not exceeding five hundred dollars, and to 
suffer imprisonment not exceeding twelve months. The seller shall 
be liable to a fine of at least five dollars, and at least equal to 
twice the value of the product sold; and if that be not immediately 
paid, shall suffer corporal punishment. 

XI. It shall be a misdemeanor for any person not authorized to Unauthorized 
write or give to a person of color a writing which professes to show ^^"t»"s. 
evidence of the right of that person of color to sell any product of 

a farm, which, by the Section last preceding, he is forbidden to sell 
without written evidence ; and any person convicted of this mis- 
demeanor shall be liable to the same extent as the purchaser, in 
the Section last preceding, is made liable ; and it shall be a mis- 
demeanor for a person of color to exhibit, as evidence of his right 
to sell any product, a writing which he knows to be false or 
counterfeited, or to have been written or given by any person not 
authorized ; and, on conviction of this misdemeanor before the 
District Court or a Magistrate, such person of color shall be liable, 
as, in Section last preceding, the seller is made liable. These 
provisions shall mutatis mutandis extend to cases where the writing 



250 



STATUTES AT LARGE 



A. D. 18G5 



Degree of 
offense. 



Persons of 
color not part 
of Militia. 



Carryin? of 
weapons a mis- 
demeanor. 



Distilleries. 



Falsely per- 
sonating. 



False asser- 
tions. 



False dis- 
charges. 



Counterfeit 
certificates. 



professes to be a permit of absence, or permit of any other kind. 
The fines in any of these eases being at the discretion of the Judge 
or Magistrate. 

XII. Wliere no special punishment is provided for a misde- 
meanor, it shall, according to its nature and degree, be punished, at 
the discretion of the Court, by one or more of the modes of punish- 
ment which, in the fourth Section of this Act, have been enumerated 
for a felonv with benefit of clergy, except transpcrtation. 

XIII. Persons of color constitute no part of the militia of the 
State, and no one of them shall, without permission in writing from 
the District Judge or Magistrate, ba allowed to keep a fire arm, 
sword, or other military weapon ; except that one of them, who is 
the owner of a farm, may keep a shot gun or rifle, such as is ordi- 
narily used in hunting, but not a pistol, musket, or other fire arm 
or weapon appropriate for purposes of war. The District Judge or 
a Magistrate may give an order, under which any weapon unlaw- 
fully kept may be seized and sold, the proceeds of- sale to go into 
the District Court fund. The possession of a weapon in violation 
of this Act shall be a misdemeanor, -svhich shall be tried before a 
District Court or a Magistrate; and, in case of conviction, shall be 
punished by a fine equal to twice the value of the weapon so un- 
lawfully kept; and if that be not immediately paid, by corporal 
punishment. 

XIV. It shall not be lawful for a person of color to be the owner, 
in whole or in part, of any distillery where spirituous liquors of any 
kind are made, or of any establishment where spirituous liquors of 
any kind are sold by retail; nor for a person of color to be engaged 
in distilling any spirituous liquors, or in retailing the same in a 
shop or elsewhere. A person of color who shall do anything con- 
trary to the prohibitions herein contained shall be guilty of a mis- 
demeanor, and, upon conviction, may be punished by fine or corporal 
punishment and hard labor, as to the District Judge or Magistrate 
before whom he may be tried, shall seem meet. 

XV. If any person shall falsely personate any master or em- 
ployer, and shall, either personally or in writing,give any false, forged 
or counterfeited character to any person offering himself to be hired 
as a servant, such person so offending shall be guilty of a misde- 
meanor. 

XVI. If any person shall knowingly and wilfully pretend, or 
falsely assert in writing, that any servant has been hired or retained 
for any period of time whatsoever, or in any station or capacity 
whatever, other than that for which, or in which such servant !^hall 
have been hired or retained, such person so offending shall be guilty 
of a misdemeanor. 

XVII. If any person shall knowingly and wilfully protend, or 
falsely assert in writing, that any servant was discharged, or left his 
service, at any other time than that at which he was discharged or 
actually left such service, or that any such servant had not been 
hired or employed in any person's service, contrary to truth, then, 
in either of these cases, such person shall be guilty of a misde- 
meanor. 

XVIII. If any person shall off*er himself as a servant, asserting 
or pretending that he hath served in any service in which he shall 



OF SOUTH CAROLINA. 251 

not actually have served, or with a false, forged or counterfeit eer- A. D. 1865.^ 
tificate of his character, or shall, in anywise, add to, or alter, efface, ''""">' 
or erase any date, matter or thing contained in, or referred to, in 
any certificate given to him by his last or former master or employer, 
or by any other person duly authorized by such master or employer 
to give the same, then, in either of these cases, such person so of- 
fending shall be guilty of a misdemeanor. 

XIX. If any person, having before been in service, shall, when 

offering to hire himself as a servant in any service whatsoever, Ahiredser- 
falsely and wilfully pretend not to have been hired or retained in service. 
any previous service as a servant, such person so offending shall be 
guilty of a misdemeanor. 

XX. In case of conviction of either of the misdemeanors speci- 
fied in the five Sections last preceding, the punishment shall be a fo^""o,^e™mis- 
fine not exceeding one hundred dollars; and in case the fine shall demeanors. 
not be immediately paid, there shall be substitution of other pun- 

ments as hereinafter provided. 

XXI. Every wilful trespass is hereby declared to be a misde- 
meanor, and any person guilty thereof may be either sued for misdemeanor.'^ 
damages or prosecuted for the misdemeanor, at the option of the 

party injured; and, in case of conviction of the misdemeanor, the 
punishment shall be a fine apportioned to the damage done, and the 
circumstances of enormity attending the trespass, with substitution 
of other punishment, as hereinafter provided, if the fine be not 
immediately paid. 

XXII. No person of color shall migrate into and reside in this 

State, unless, within twenty days after his arrival within the same, t^if gla "e"? '°*° 
he shall enter into a bond with two freeholders as sureties, to be 
approved by the Judge of the District Court or a Magistrate, in a 
penalty of one thousand dollars, conditioned for his good behavior, 
and for his support, if he should become unable to support himself 
And in case any such person shall fail to execute the bond as afore- 
said, the District Judge or any Magistrate is hereby authorized and 
required, upon complaint and due proof thereof, to issue his war- 
rant commanding such person of color to leave the State within ten 
days thereafter. And if any such person, so ordered to leave the State, ^j[^|^'/^ ^^ ^"^^^^ 
shall not leave the State within the time prescribed in such warrant, 
he shall, upon conviction thereof, be liable to such corporal punishment 
as the Court, in its discretion, shall think fit to order. And if any such 
person so convicted and punished shall still remain within the State 
more than fifteen days after the punishment shall have been in- 
flicted, or having left the State, shall return to the same, he shall, 
upon conviction thereof, be transported beyond the limits of this 
State for life, or be kept to hard labor, with occasional solitary con- 
finement, for a period not exceeding five years. And if any person 
of color who shall have been convicted of any infamous offense in otiiei?gt."tes^ ^^ 
any other State or country, shall come or be brought into this State, 
such person of color, on conviction thereof, shall be transported 
beyond the limits of this State for life, or be kept to hard labor, 
with occasional solitary confinement, for any period not exceeding 
fifteen years. 



252 STATUTES AT LARGE 

A. D. 1865. PROVISIONS EXTENDING TO ALL CLASSES OF OFFENSES AND ALL 
^*"'~Y-~-^ COURTS — SOME PROVISIONS UNDER OTHER HEADS LIKEWISE EX- 

TENDING TO ALL COURTS. 



felonj- 



Trial for XXIII. On the trial of any person for felony, when the crime 
charged shall include an assault against the person, it shall be law- 
ful for the jury to acquit of the felony, and to find against the 
person indicted a verdict of guilty of assault, if the evidence shall 
warrant such finding; and when such verdict shall be found, the 
Court shall have the power, by sentence, to impose upon the person 
so found guilty, punishment by fine, imprisonment, hard labor, cor- 
' poral punishment, and solitary confinement, one or more, as may, 

in the opinion of the Judge, be required by the degree of the offense. 
In like manner there may be conviction of any less offense con- 
tained in a greater which is charged, and punishment at the discre- 
tion of the Court, according to the nature and degree of the offense 
of which the accused has been found guilty. 

Recommendii- XXIV. When several persons of color are convicted of one. 

tion to mercy, capital offense, the jury which tries them may recommend one or 
more to mercy, for reasons which in their opinion mitigate the 
guilt; the District Judge shall report the case with his opinion, 
and the Governor shall do in the matter as seems to him meet. 
The same may be done when one only is convicted of a capital 
offense. Before sentence of death shall be executed in any case, 
time for application to the Governor shall be allowed. 
Hard labor. XXV. Hard labor shall be work on the roads, streets, or public 
works, under the supervision of a Superintendent of Convicts, if 
there be such an officer who can be convemeotly employed, or 
under the supervision of the Sheriff, a Constable, Jailor, or other 
person that may be appointed by the District Judge, or by the 
Sheriff; or it shall be work on any building, or other undertaking, 
or in any business of a private individual, who wull pay reasonable 
wages, and can be safely entrusted, with the supervision ; the Judge 
or the Sheriff, under the directions of the District Judge, making 
choice of the place and manner of employment from time to time. 
In any case the work may, according to the directions of the Judge 
be without uuusai pain or restraiut, or it may be done in a chain 
gang, or with ball and chain, or under other pain or burden ; and it 
may be without, or may be attended with confinement. A Magistrate 
shall, as to cases before him, have the power which is here given to 
the District Judge. 

Corporal pun- XXVI. Corporal punishment is intended to include only such 

ishment. modes of punishment, not affecting life or limb, as are used in the 

army or navy of the United States, adapted in kind and degree 
to the nature of the offense. The seutencd in each case, and direc- 
tions of the Judge or Magistrate, shall define it. Whipping, when' 
it is provided for by the law, shall be inflicted as heretofore. 
Substitution XXVII. Whenever, under any law, sentence imposing a fine is 

of punishment, p^ggg^i^ jf ^j^g fi„g g^j g^gj-g j^g ^^t immediately ])aid, there shall 

be detention of the convict, and substitution of other punishment. 
If the offense should not involve the crimen falsi, and be infamous, 
the substitution shall be, in the case of a white person, imprison- 
ment for a time proportioned to the fine, at the rate of one day for 



OF SOUTH CAROLINA. 253 

each dollar ; and in the case of a person of color, enforced labor ^- ^- ^''"'•'^• 
without unnecessary pain or restraint, for a time proportioned to the """^v""*" 
fine, at the rate of one day for each dollar. But if the offense 
should be infamous, there shall be substituted for a fine, for im- 
prisonment, or for both, hard labor, corporal punishment, solitary 
confinement, and confinement in tread-mill or stocks, one or more, 
at the discretion of the Judge of the Superior Court, the District 
Judge, or the Magistrate who pronounces the sentence. In this 
Act, and in respect to all crimes and misdemeanors, the term ser- 
vant shall be understood to embrace an apprentice as well as a 
servant under contract. 

SUPERINTENDENT OF CONVICTS. 

XXVIII. The District Judge, when he may think it necessary, 

shall have power to appoint a Superintendent of Convicts, whose Appointment 

J ^ -i. I 11 u i ■ .. J u c ■ ^ of Supermten- 

duty It shall be to superintend as many as he can oi convicts sen- dent of Con- 
tenced to hard labor, to inflict corporal punishments directed upon ^'^'''^^• 
all convicts within his reach, and to execute the orders of the 
Judge, Sheriff or Magistrate, in relation to these matters. The 
Superintendent shall, at his pleasure, have access to apartments in 
the jail for necessary confinement of convicts, and may, by all 
necessary means, enforce his authority over the convicts under his 
supervision, punish their disobedience, and overcome resistance, or 
attempted rescue offered by them, or any other person. When he 
shall deem it necessary, he may call upon the pause comitatus, with 
the same effect and under like penalties to those who disobey it, as 
the Sheriff might do. The Superintendent shall receive a suitable 
compensation, to be fixed by the District Judge, and paid from the 
District Court Fund. All wages received from the labor of con- 
victs shall go into that fund, and from that shall be provided food 
and other necessaries for the convicts. 

ARREST OF OFFENDERS. 

XXIX. Upon view of a misdemeanor committed by a person of 
color, or by a white person toward a person of color, a Magistrate 
may arrest the ofiender, and, according to the nature of the case, 
punish the offender summarily, or bind him in recognizance, with 
sufficient sureties, to appear at the next monthly sitting of the Dis- 
trict Court, or commit him for trial before the District Court. 

XXX. Upon view of a misdemeanor committed by a person of Any person 
color, any person present may arrest the offender and take him can complain 
before a Magistrate, to be dealt with as the case may require. In 

case of a misdemeanor committed by a white person toward a per- 
son of color, any person may complain to a Magistrate, who shall 
cause the ofiender to be arrested, and, according to the nature of 
the case, to be brought before himself, or to be taken for trial in 
the District Court. 

XXXI. Upon view of a felony committed, or upon certain in- 
formation that a felony has been committcid, any person may arrest 
the felon and take him directly to the District Judge or a Magistrate, 
to be dealt with according to law. 



254 STATUTES AT LARGE 

A. D. 1865. XXXII. In the uight time any person may be arrested by such 
^"^■^'"^^ efficient means as the darkness and the probability of his escape 
Arrest at night, j-^nder necessary, even if his life should be thereby taken, in cases 
where he has committed a felony, or has entered a dwelling house 
with evil intent, or has broken, or is breaking into an out-house, 
with a view to plunder, or has in his possession stolen property, 
or being under circumstances which raise just suspicion of his de- 
sign to steal or to commit some felony, flees when he is hailed. 

In the Senate House, the nineteenth day of December, in the 
year of our Lord one thousand eight hundred and sixty- 
five. 

W. D. PORTER, President of the Senate. 

C. H. SIMONTON, Speaker House of Representatives. 

Approved : James L. Orr. 



No. 4732. AN ACT to Establish District Courts. 

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

es'tabiLshed"'^*^ same, as follows : In each Judicial District of the State, except 
Charleston, there shall be established a District Court, which fehall 
be organized by the Judge thereof as soon as possible after his 
election. In the Judicial District of Charleston there shall be 
established two District Ct^urts; one for the Election District of 
Charleston, and one for the Election District of Berkeley. 

II. The Judge of each District Court shall receive from the 
Salaries of Treasurer of the State a salary of five hundred dollars a year, 

Judges. jDayable quarterly; and he shall be entitled, for a further compen- 

sation, to receive, annually, from the District Court Fund, as here- 
inafter })rovided, an additional sum, as follows, to wit: For Abbe- 
ville District, seven hundred dollars; Barnwell District, seven 
hundred dollars ; Colleton District, one thousand dollars ; Chester 
District, five hundred dollars; Darlington District, five hundred 
dollars; Edgefield Di.strict, eight hundred dollars; Fairfield Dis- 
trict, five hundred dollars; Georgetown District, one thousand dol- 
lars; Laurens District, five hundred dollars; Newberry District, 
five hundred dollars; Orangeburg District, five hundred dollars; 
Richland District, one thousand dollars; Sumter District, seven 
hundred dollars; Union District, five hundred dollars; Yoik Dis- 
trict, five hundred dollars ; William.sburg District, five hundred 
dollars; Berkeley Election District, one thousand dollars ; Charles- 
ton Election District, one thousand dollars; Beaufort District, 
one thousand dollars; Kersliaw District, five hundred dollars; 
and for the District Judge in each of the other Judicial Dis- 
Proviso. tricts of this Slate, the sum of five hundred dollars : Provided, 
hoivever. That in case the District Court Fund in any District 
shall prove insufiicient for the purj)ose for such adciitional com- 
pensation, as is herein provided, no claim for the whole or any 



OF SOUTH CAROLINA. 255 

part of such additional compensation, upon the Treasury of A.D. 1S65. 

the vState, shall arise by reason of such deficiency : And provi- ^ ■^ ' 

ded, oho, That the time when the salaries herein provided for 
shall commence shall be when the Court is organized, and the 
Judge is empowered to execute this Act. 

III. For each District Court the Clerk and Sheriif of the Dis- 
trict shall respectively be Clerk and Sheriff, and may act. in person, Clerk and 
or by deputy. Whenever, in this Act, or other Acts passed at this ®^®"^- 
session, one of these officers is mentioned, either he or his deputy is 

meant, unless the context shows that only he himself is intended. 

IV. The Judge, Clerk and Sheriff of a District Court shall each, 
before entering on the duties of his office, take the official oath pre- 
scribed in the Constitution of the State, and also the following oath, 

viz: "'I solemnly swear, ' (or affirm) that as (Judge, Clerk or Oaths of office. 
Sheriff, as the case may be,) of the District Court for the District 
of , I will earnestly endeavor to do what 

is required of me by law, and without prejudice for or against race 
or color, to conduct myself as becomes an upright and faithful 
officer." These oaths shall be endorsed on the commission or cer- 
tificate of appointment of the officer, and with it be entered on the 
journal of the District Court. 

V. The office of every Magistrate now in office shall continue 
according to the terms of the appointment under which it is held, 
with the powers and rights i^ow by law attaching and incident to 

such office. The Magistrates who are appointed to exercise the Continuation 
powers and duties, and to have the rights imposed by this Act, and Mag^ltnS °^ 
the Act entitled "An Act to establish and regulate the domestic 
relations of persons of color, and to amend the law in relation to 
paupers and vagrancy," shall be appointed in every District by the 
District Judge thereof, by and with the advice and consent of a 
majority of the Delegation of such District in the General Assem- 
bly, iu such number and so located as the condition of the District 
may, from time to time, require; and such Magistrates shall have 
all the powers and rights and may exercise all the duties of Magis- 
trates, by law conferred on Magistrates. Each Magistrate so ap- 
pointed shall, before entering on the duties of his office, take before 
the Clerk of his Dtstrict, the oaths heretofore prescribed for the 
District Judge, and also the oath prescribed in the second Section 
of the "Act concerning the office and duties of Magistrates," passed 
Anno Domini one thousand eight hundred and thirty-nine, and shall 
sign a roll as required in that Section. The term of his office shall 
be four years from the day he signed the roll. 

VI. The sum whi^^h limits the proceeding by summary process is 

enlarged to one hundred dollars, exclusive of costs. In every case Limits of sum- 
uuder that proceeding, either party may be a witness in his own be- mary process. 
half, or may be required by the adverse party to testify, either by 
being served with asubno3na, or by being called up under a commis- 
sion, in like manner as in like circumstances another witness in the 
case could be ; the practice now prevailing in reference to interroga- 
tories propounded to an adverse party not being hereby interfered 
with. And in every such case no person shall be held incompetent 
as a witness because of interest. Of all such cases, where both the 
parties litigant are white persons, there shall be concurrent jurisdic- 



256 STATUTES AT LARGE 

A. D. 186.5. tioQ in the Superior Court of Law and in the District Court; all 
"^^ laws, rules, fees, powers and practice in respect to such cases which 

may prevail in the Superior Court being extended to the District 
Court. 
Jurisdiction VII. The District Court shall have exclusive jurisdiction, subject 
Courts!* "^"^ to appeal, of all civil causes where one or botli of the parties are 
persons of color, and of all criminal cases wherein the accused is a 
person of color, and also of all cases of misdemeanor affecting the 
person or property of a person of color, and of all cases of bastardy, 
and all cases of vagrancy, not tried before a Magistrate. In these 
cases the same laws, fees, powers and practice shall prevail in the 
District Court as in the Superior Court, except as to juries, con- 
cerning which provision is hereinafter made, and exce{)t as to matters 
of form, concerning which power is hereinafter given to the Court 
Prosecutions, of Appeals. In the District Court, prosecutions shall be conducted 
by the Attorney General, or .Solicitor of the Circuit, to which the 
District belongs, or by a deputy appointed by such Attorney 
General or Solicitor; or, in the absence of all of these, by an Attor- 
ney appointed by the District Judge. Whenever in a case affecting 
the person or property of a person of color, which arises within the 
District of a District Judge, that Judge may have an interest, the 
process may be made returnable, and the case be tried before the Dis- 
tiict Court of any adjoining District which the plaintiff or actor 
in the case may select. 

VIII. The District Court sliall have the same power and juris- 
diction as the Superior Court of L;iw in reference to Constables, 
referejice*^'^*t'o J"''"'"*, punishment of Contempt. The District Court shall have 
Constables and power in all cases of tenants holdincr over, cases of forcible entry 

Juror's ■*■ '^ . - •' 

and detainer, cases under the Insolvent Debtors Acts, where the 
arrest and detention are under the process of a District Court, all 
cases under the Prison Bounds Acts, and all matters of District 
police; the practice being always conformed, in general, to that of 
the Superior Court, subject to the rules which may be made by 
the Court of Appeals. 
Supervision IX. The Judge of a District Court-shall, in all respects, have 

Judge! ^ ^ "^ ' '^ '' the power of a Magistrate for his District. He shall exercise 
supervision over the Clerk and Sheriff of his Court, the Coroner, all 
Magistrates, Constables, Boards of Commissioners, and other public 
functionaries of his District; and from him to any of them may 
proceed orders, rules and attachments, or writs of mandamus, 
prohibition, certiorari, quo xL'arranto or scire facias. 
Powrsin X. The Judge of a District Court shall have the powers in 

\nleaHVonnil^ rcspcct to habeas corjms which two Magistrates have under the 
ninth Section of the " Act concerning the ofhce and duties of 
Magistrates," passed Anno Domini one thousand eight hundred 
and thirty-nine; he may admit to bail in all cases bailable, and in 
all case triable in his Court; and may also exercise jurisdiction 
under habeas corpus at common law in all cases, within his Dis- 
trict, where the liberty of a person of color is restrained, or the 
liberty of any person is restrained by a person of color ; and in 
all cases, within his District, which affect white persons only; 
except that he shall not have the power of a Judge of a Superior 
Court to discharge or let to bail a white person charged with 
a felony not clergyable, against whom a true bill has been found. 



OF SOUTH CAROLINA. 257 

XI. The Judge o^ a District Court shall have the power which -^- l>- I'^cs- 
is given to two Magistrates by the Act of one thousand seven huu- ""■ "^ 
dred and eighty-seven concerning vagrants; and shall likewise ^.^ ^yYg^vx*i"ts 
have the power which two Magistrates have under the twenty- and tenants. 
third Section of the " Act concerning the office and duties of 
Magistrates," passed Anno Domini one thousand eight hundred 

and thirty-nine, in respect to tenants holding over; and iu 
the case of a tenant holding over, or of an issue of flxct to be 
tried under the Prison Bounds Act, or iu any other case where, 
by law, there is provision for trial or inquest by a jury be- 
fore one or more Magistrates, the District Judge may either pro- 
ceed to organize a jury, as Magistrates are directed to do, and 
have trial before himself at a place to be appointed by him, or 
may take the case into his Court, and submit it to a jury organized 
there, as is hereinafter provided ; aud the verdict had in either 
course shall have all the effect which any verdict before Magis- 
trates would have. An appeal may be taken by either party to 
a Circuit Judge at Chambers, or iu open Court, from the decision 
of the District Court on the trial of any case between landlord and 
tenant, or of forcible entry and detainer : Provided, That notice of Proviso, 
the appeal shall be given in writing to the District Judge, and to 
the opposite party, or his attorney, within twenty-four hours after 
the decision shall have been rendered ; and that a time not exceed- 
ing twenty days shall be stated in the notice as the time at which 
the application to hear the appeal will be made, which notice shall 
state before what Judge, and at what place the application will be 
made. It shall be the duty of the District Judge on whom the 
notice of appeal may be served to deliver to the appellant or his 
attorney, within two days after service of such notice, a certified 
copy of all the proceedings iu the case ; and for such certificate 
and copy, the Clerk of the District Court shall be entitled to charge 
as costs, iu the case, fifty cents for the certificate, and one mill for 
each word of such copy. The Judge before whom the appeal shall Decision re- 
be heard shall have the power to reverse the decision, if there be ^^rsed. 
no evidence upon which to sustain it, iu cases where the decision 
shall be for the plaiutiff or actor ; or may, in any case, grant a new 
trial, or order an issue made up to be tried in the Circuit Court. 

XII. The District Court shall be always open, and shall be a Sittingsofthe 
Court of Record. Ordinarily, it shall sit in the Court Room of the ^'''"''^ ^'°"''^- 
District Court House, except iu the District of Berkeley. A place 

near by shall be provided by the Commissioners of Public Build- 
ings for its sittings, when the Court room may be occupied by 
the Superior Court. For any sitting, except the quarterly sittings 
hereinafter mentioned, the District Judge may, however, appoint 
any place in his District ; and there parties, witnesses, jurors and 
other persons concerned, shall be bound, having due notice, to 
attend ; every summons, notice and process being, however, under- 
stood to require attendance at the Court House, if another place be 
not specified. 

XIII. All judgments and decrees obtained in the District Court, 
the effect of which would be to create a lieu ou the property of the 
defendant, shall be entered up at such times as judgments obtained 
in the Circuit Court thence next ensuing may be entered up. 

Vol. 13—17 



258 STATUTES AT LARGE 

A. D. l%5. XIV. Ou the first Monday of every mouth shall be a monthly 
'"""■^''""^ pitting of the District Court, which shall continue as long as the 

tinff°"of "^ Di*- fle^P^tch of business may require. At this sitting may be tried 

trict Courts. small and mean causes, small matters, civil and criminal, between 
persons of color, between white persons and persons of color, be- 
tween master and servant, between master and apprentice, and be- 
tween employer and laborer, petty misdemeanors, imputed to per- 
sons of color, complaints by persons of color against white persons 
of misdemeanors, for which a fine not exceeding twenty dollars is 
a sufficient punishment, civil suits, involving not more than twenty 
dollars, in which a person of color is a party, and questions con- 
cerning vagrants and paupers not requiring a jury. Any business ' 
to which a Judge at Chambers is competent, and other business 
which does not require a jury, may also be done. Besides all 
business which may be done, as aforesaid, there may also, at this 
Casesthat sitting of the District Court, be tried cases of aggravated misde- 

may be tried, nieanors and clergyable felonies, of which persons of color may 
be accused, and of misdemeanors requiring punishment exceedius: 
a fine of twenty dollars, and affecting the person or property of 
a person of color, of which white persons may be accused. These 
cases may be tried by a common jury, organized as hereinafter 
provided ; and, in case of conviction, punishment shall be awarded 
by the Judge, according to the practice of the Superior Court of 
law. At this sitting may also be tried cases of tenants holding 
over, cases under the Prison Bounds or Insolvent Debtors Acts 
Avhich are hereinbefore mentioned, and any issue in a civil suit 
ordered to be tried before a common jury. 

Common Jury. XV. Previous to a monthly sitting, if the nature of the busi- 
ness shall require a jury, the Judge shall direct the Sheriff to 
summon a common jury. Thereupon the Sheriff shall return the 
names of eighteen citizens of the District, and from these nine 
shall be drawn, in the presence of the Judge, at least ten days 
before the said montlily sitting; and the jurors so drawn shall be 
summoned by the Sheriff, and served with tickets, at least five days 
before they are required to attend ; and they shall be bound to attend 
under the penalties which may fall upon defaulting jurors in the 
Superior Court of law. Of those who attenil, six shall bo drawn in 
open Court, of whom the four first drawn shall constitute the com- 
mon jury for that sittiug, the other two being supernumeraries to 
supply vacancies. The others who may attend shall be discharged 
without pay ; but the six drawn shall be entitled to like })ay as 
jurors in the Superior Court of law. If less than six, out of the 
nine summoned, should attend, the Sheriff shall summon a suffi- 
cient number that may be drawn of the original eighteen, or in case 
Proviso. of their insufficiency, of any other citizens : Provided, No })erson 

shall be required to attend as a juror more than once in six months. 
The right to challenge peremptorily one juror is given to the ac- 
cused and to the prosecuting officer in any criminal case triable 
before a jury, at a monthly sitting ; and the same right is given to 
each party in a civil suit there triable ; unanimity of the four jurors 
shall be requisite for a verdict. 
Quarterly ?it- XVI. Four times a year there shall be a quarterly sitting of the 

Court!^^'*^"^"^*^ District Court, to be continued so long as business may require, 



OF SOUTH CAROLINA. 259 

and if necessary, to be adjourned from week to week ; at which, be- A. D. 1865. 
sides any business that may be done at a monthly sitting, may be tried ^""^ v""^ 
cases of summary process pending in the Court; civil suits, above 
the summary jurisdiction, wherein one or both of the parties are per- 
sons of color, cases of crime or felony punishable by death without 
benefit of clergy, of which persons of color may be accused, and any 
other matters pending in the Court. The proceedings in the cases Formofpro- 
severally shall be, in general, similar to those in like cases in the ''^edmgs. 
Superior Court of law, subject to the diversities in form which may 
be produced by the rules adopted by the Court of Appeals, as here- 
inafter provided. 

XVII. For each quarterly sitting jurors shall be drawn at a Jurors for 
monthly sitting, not more than forty nor less than ten days be- gftting.^^'^'^^'^^ 
fore such quarterly sitting, who shall, under a venire, be sum- 
moned by the Sheriff, five days preceding the time which may 

be fixed for the commencement of the quarterly sitting. With a 
view to these jurors, once in every two years a list shall be pro- 
cured from the Tax Collector; from that the names of all jurors 
qualified to sit as jurors in the Superior Court shall be entered on 
tickets, and from those tickets there shall be drawn, for each quar- 
terly sitting, twenty-four, to be copied in the panel annexed to the 
venire. At the quarterly sitting, from those of the twenty-four who Grand and 
attend, eight shall be drawn, in open Court, who shall constitute a Special Junes, 
grand jury, and twelve shall be drawn, who shall constitute a petit 
jury of six, to be called a special jury, and six supernumeraries. 
Of the grand jurors, the concurrence of six shall be necessary to the 
finding of a true bill. In the special jury, unanimity of the six 
shall be required for a verdict. At the opening of a trial, in a capi- 
tal case, at least twelve jurors shall be present, and of these the 
accused may make peremptory challenges until the number shall be 
reduced to six. At the opening of a trial in a civil suit, or in a 
criminal case not capital, not more than ten jurors need be present, 
and each party alternately in a civil suit, and the accused, in a 
criminal case, not capital, may make peremptoi'y challenges, until 
the jury of six is left. If there should not be sufiicient reduction 
by challenges, the six shall be ascertained by drawing. An insuf- 
ficient number in any instance shall be supplied by jurors whom 
the Sheriff shall summon, of the same persons, and in the same 
way, as has been hereinbefore provided in respect to a common jury. 
A special jury may do anything for which a common jury is com- Powers of a 
potent. Challenges for cause at either the monthly or quarterly Special Jury, 
sittings shall be unlimited. A separate jury box shall be provided 
for the District Court, and in respect to juries, the orders of Court, 
duties of Tax Collector, Sheriff and Clerk, pay of jurors, penalties 
for default, and all laws and practice shall, with such modifications 
as the provisions herein made, and the rules adopted by the Court 
of Appeals may render necessary, be the same in the District Court 
as in the Superior Court. 

XVIII. The Judge shall take care, by proper arrangements of Reduction of 
the order of business, and by dischareiu«: all iurors who may be expenses of 
present above the necessary number, to reduce the expenses of his 

Court as much as justice will permit. Each juror shall receive from ' 

the Clerk a certificate signed by the Clerk, and countersigned by 



200 STATUTES AT LARGE 

A. D. iRfiS. the Judge, for such sum as for like services he would have received 
^"^ — v""^ if a juror of the Superior Court; and this sum shall be paid under 
the order of the District Court Judge. lu like manner there shall 
be a certificate and payment for any Constable that may attend 
the Court under the order of the Sheriflf", of whom there shall not 
be more,than three without the order of the Judge, which shall be 
Entries on granted only in cases of necessity. The Clerk shall enter on the 
the Journal, journal -if the Court a roll containing the names of the jurors and 
Constables who receive certificates, with the sums paid to tliem re- 
spectively; and copies of the rolls for the year preceding, the Clerk 
shall, annually, after the quarterly sitting in each year, which ends 
next before the regular session of the General Assembly, transmit 
to the Treasurer. A condensed statement of all the rolls for all the 
Districts of the State shall be contained in the annual report of the 
Treasurer. 
Judges of XIX. The Judges of the Court of Appeals shall, from time to 
P^.?u t^^fiv'Thn time, fix the days upon which the quarterly sittings of the Dis- 
times for hold- trict Court in each District shall convene, avoiding, as tar as possi- 
CMirts! * "^ "^ ' '^ ' hie, interference with the Superior Courts in that District or neigh- 
boring District, giving public notice of the several days fixed, and 
making no unnecessary changes. 
Matters de- XX. The District Court shall have exclusive jurisdiction, sub- 
quarterly sU- J^c"^ t^ appeal, of all matters of equity, wherein one or both of the 
tings. parties are persons of color. These matters shall be heard and de- 

termined by the District Judge at a quarterly sitting, or at such 
other time as with his concurrence the parties may fix, with an 
appeal as from a Chancellor on Circuit. In respecr. to them, the 
Commissioner in Equity for the District shall regard the Judge of 
the District Court as he does a Chancellor in respect to matters in 
the Superior Court of Equity ; and in both of these Courts the law, 
practice, fees, modes of proceeding, and eflfect of orders and process 
shall be, as nearly as may be, the same. 
Privileges of XXI. The Judge of a District Court may practice as an At- 
Judges. torney or Solicitor in the Superior Courts of Law and Equity, ex- 

cept in cases which have been argued before him or heard in his 
Court; but he shall not have a partner in the practice in the Dis- 
trict of which he is the Judge. 
Duties of the XXII. The Clerk of a District Court shall attend the monthly 
Clerk of the anj quarterly sittings of the Court, and all other sittings at which 
the Judge shall require him to attend. He shall keep a full and 
exact journal of every order, decision, verdict, sentence and act of 
the Court; having one book f)r civil suits in which only white per- 
sons are parties; second, a book for vagrancy and bastardy; a 
third book for civil suits in which persons of color are parties; 
and a fourth for criminal matters, aflTecting persons of color. All 
process from the Court shall be signed by him and be sealed. 
All papers which come into his office shall be carefully kept, and 
those which are to remain there shall be arranged, labelled and 
filed away, as nearly as may be, according to the directions given 
by law concerning jiapers of the Superior Courts. 
Journaioiall XXIIl. The Judge shall himself keep a journal of all orders, 
decisions. decisions, sentences and acts of the Court, when, in the absence of 

the Clerk, he is sitting without a jury, which journal shall, from 



OF SOUTH CAROLINA. 261 

time to time, at least once a quarter, be filed in the Clerk's office. ^- ^- !*«. 
He may, when necessary, appoint a Clerk joro teinpore. v.— y-*--- 

XXIV. The Sheriff shall execute all orders, sentences and pro- Execution of 
cess from the District Court under like penalties for neglect as for ^^i orders, 
neglect of like orders, sentences and process from a Superior Court; 

and in like manner he shall, for such neglect, be liable to rule, 
attachment, action and forfeiture. The Sheriff shall have power to 
call on the posse eomitatus to aid him in the execution of all such 
orders, sentences and process, mesne or final, in civil or criminal 
matt'^rs, where more force than that of one man is required, or re- 
sistance is apprehended. Every person who being called to aid as Aid to Sheritf. 
one of the posse, does not immediately and earnestly give aid 
according to the direction of the Sheriff, shall be subject to rule aud 
attachment f)r contempt, aud to a fiue not less than twenty dollars, 
nor more than five hundred dollars. 

XXV. The return day of the District Court, for mesne process Return day. 
in civil suits, triable at the quarterly sitting, shall be eight days 

before each quarterly sitting. In the Superior Court and District 
Court the law and practice shall be the same as to the liens of 
judgments aud decrees as to the manner of serving process, process 
served after return day, several defeudants residing in different 
Districts, writs oi' fieri facias and capias ad satisfacleaduin, exemp- 
tions from arrest, bail bonds, orders for suspending executions, writs 
of attachment, and all other matters wherein diversity is not pro- 
duced by Act of the Legislature, or rules made by the Judges as 
hereinafter provided. 

XXVI. All fees for services required from the Clerk and Sheriff Fees of Clerk 
of the District Court shall be paid in cash by the party requiring and Sheriff. 
the services, and according to the judgment and order of the Court, 

may or may not be recovered against the opposite party. This 
provision shall extend to all cases, by summary process, in the 
Superior Court of Law. 

XXVII. The Sheriff shall keep the papers which come to his Duties of 
office from a District Court separate from those which come from a ^^'^"^• 
Superior Court. He shall in one book enter all mesne process from 

the District Court, and in another all final process from that Court; 
taking care, however, to preserve the priority of liens by attach- 
men*^^ or execution, whatever Court the process may come from. 

XXVIII. All fines, penalties, forfeitures and other moneys belong- Fines and. 
ing to the District Court Fund, which the Sheriff may collect other moneys. 
underorders, sentences or process of the District Court, and all such 

moneys as may be turned over to him by any other officer, the 
Sheriff shall hold under the security of his official bond, until they 
shall be paid under the order or draft of the District Judge. Aids 
paid for licenses, and such aids for approval of contracts and instru- 
ments of apprenticeship, and such fees for reports upon appeals 
from the District Judge as the Judge may direct the Clerk to re- 
ceive, and the Clerk may receive all other moneys belonging 
to the District Court Fund, whether collected first by the Clerk or 
turned over to him by some other officer who had collected them, 
which may come to the hands of the Clerk, the Clerk shall hold 
under the security of his official bond, until they shall be paid under 
the order or draft of the District Judge. Each Magistrate shall, at 



262 STATUTES AT LARGE 

A. D. 1805. least ODce in every three months, report and pay to the Chairman 
^"""■^''""^ of the Board of Relief of Indigent Persons of Color the moneys 
Ma^-I&trates! °^ received by him from aids, taxes, fines and penalties, and all other 
moneys belonging to the District Court Fund which have come to 
his han<ls. On the first day of each quarterly sitting of the Dis- 
trict Court, the Sheriff", the Clerk, each Magistrate of the District, 
the Chairman of the Board aforenamed, the Superintendent of Con- 
victs, and every person (besides a Constable, who must make re- 
turns to a Magistrate,) who may have had charge of convicts, or re- 
ceived wages or other moneys which belong to the District Court 
Fund, sluill each make to the Court a full and minute report of his 
receipts, disbursements and payments, showing the items on each 
side of the account, and the exact balance in his hands, accom- 
panied by an estimate of the probable receipts and requirements in 
his department for the next quarter. The report of the Chairman 
aforesaid shall specially set forth all known delinquencies of Magis- 
trates in reporting, paying or discharging other duty, with the name 
Examination of the delinquents. The District Judge shall examine all of these 
fh e^'^Distri'ct repo''t9 carefully, and take the most prompt and energetic means to 
Judfre. prevent and correct all defalcations and omissions. Having ascer- 

tained the amount of the District Fund which is on hand, including 
what he himself may have, he shall, by orders entered on the jour- 
nal of his Court, direct payments to be made by the officers respec- 
tively, in such sums as he may designate, to the following purposes, 
namely: 1. The annual additional compensation of the Judge, of 
which one-fourth shall be taken each quarter. 2. Jurors' certifi- 
cates. 3. Expenses of the Court, including fees payable out of the 
District Court Fund. 4. Fay of Superintendent and other expen- 
ses of convicts. 5. Balance to be paid to the Chairman of the 
Board of Relief of Indigent Persons of Color, for the uses of that 
Perquisitesof Board. For their services in respect to the collection and disburse- 
other Vfficers" ment of the District Court Fund the several officers shall, in tiie 
settlement of their accounts, be allowed commissions as follows : 
The Sheriff" and IMagistrate shall each have five per centum upon 
all sums collected by him. to be in addition to commissions which, 
with other fees, a Sheriff or Constable may exact from persons 
against whom he executes process; and the Sheriff* and Magistrate 
shall each be further allowed two and a half per centum upon the 
proper disbursements made by him. The Clerk, Superintendent of 
Convicts, Jailor, and other person who may have had supervision 
of convicts, or received wages belonging to theDistrict Court Fund, 
shall each have two and a half per centum upon all sums collected 
by him, and two and a half per centum upon all sums disbursed by 
him. In no case shall sums collected be understood to include sums 
received from some other of the officers who are required to make 
reports as hereinbefore provided, nor disbursements to include sums 
Improper turned over to another of those officers. It shall be the duty of the 
charges. District Judge to guard the fund against duplicated commissions, as 

well as against other improper charges. The Chairman of the Board 
of Relief of Indigent Persons of Color shall be allowed commissions 
upon his own collections and disbursements as another Magistrate is, 
and in addition shall, for each semi-annual report to his Board, and 
each quarterly report to the Court, be allowed, out of the District 



OF SOUTH CAROLINA. 263 

Court Fund, a sura not Ie?s than five dollars, nor more than twenty ^^'^^ 
dollars, which the District Judge shall fix according to the quantity -' 

of business done by him, and the manner in which it was done. The ^ P. e port of 
Clerk shall, under the supervision of the Judge of the District 
Court, annually, at some early day between the quarterly sitting of 
the Court which next precedes the regular session of the_ General 
Assembly and that regular session, prepare and transmit to the 
Treasurer a report from his District Court, signed by the Clerk and 
certified by the Judge. This report shall contain a condensed state- 
ment compiled from the reports which are made to the Court, and 
from the journals of the Court, showing, for the year preceding, the 
whole, sum which went into the District Court Fund, how much from 
each source, the conimihsions for collection, the whole disbursements 
and how much for each general purpose, the commissions upon dis- 
bursements, other expenses, the balance on hand, and the liabilities 
unpaid. The Treasurer shall aggregate the reports of the Clerks ^D^iUi^e s of 
so as to show results for the whole State, and shall lay before the 
General Assembly a tabular statement of these aggregates, together 
with the reports "of the Clerks, noting particularly any District 
Courts from which reports had not been received. 

XXIX. An indictment against a white person for the homicide ^l^mUctmeiit of 
of a person of color shall be tried in the Superior Court of Law, ^ ' epei.on. 
and so shall all other indictments in which a white person is accused 

of a capital felony afiecting the person or property of a person of 
color. 

XXX. In every case, civil and criminal, in which a person of ^^/^^^^Hf^^^^^ 
color is a party, or which atfects the person or property of a person 

of color, persons of color shall be competent witnesses. The ac- 
cused in such a criminal case, and the parties in every such civil 
case, may be witnesses, and so may every other person who is a com- 
petent witness ; and in every such case, either party may ofl^er testi- 
mony as to his own character, or that of his adversary, or of the 
prosecutor, or of the third person mentioned in an indictment. 

XXXI. A Magistrate shall have jurisdiction over small disputes, ^^ Ju^nsdk-tion 
controversies and complaints that may arise in his neighborhood be- 
tween persons of color, or between persons of color and a white per-^ 

sou, and of petty misdemeanors committed by or toward a person of 
color, between mas'ter and servant, between master and ajjprentice, 
and between employer and laborer, and civil suits involving not 
more than twenty dollars, in which a person of color is a party ; his 
power in no case going beyond a judgment, fine or forfeiture of 
twenty dollars. He shall be specially charged with the supervision 
of persons of color in his neighborhood, their protection, the preven- 
tion of their misconduct and depredations, and a cautious regard to 
the peace, health and safety of his neighborhood. 

XXXII. Persons of color shall be liable to suits commenced by Liabilities of 
attachment, foreign and domestic, as white persons are in like cases, persons of color 
Besides this, there may be, in the case of a person of color, a pro- 
ceeding to be called a special attachment, of the following nature, 

namely : When, by any tax, a person of color is made liable for a 
sum certain, the Tax Collector, or other person who has a right to 
collect said tax, and who desires to obtain from a garnishee what is 
supposed to be in his hands belonging to such person of color, may 



264 STATUTES AT LARGE 

A. D. isf)5. g^ie out a short summons against the garnishee, in or upon which 
'~. ^ ' the sum certain before mentioned, -vvilh costs, and the amount or 
property claimed to be in the hands of the garnishee, shall be set 
down, which summons a Magistrate may issue, if the amount of 
money or value of property claimed from the garnishee is twenty 
dollars or under ; and the District Court must issue, if it is above 
that sum. The summons having been issued, the garnishee, if he 
acknowledge his indebtedness to the person of color before men- 
tioned, or his possession of property belonging to him, may pay to 
the plaintiff in attachment, if his debt to the person of color be due, 
or give his note to such plaintiff, if such debt be payable at a future 
day, and may surrender to such plaintiff any chose in action or other 
property of the person of color in his possession, so as to discharge 
the amount claimed from him, or so much thereof as will satisfy the 
tax and costs ; and the receipt of the plaintiff in attachment shall 
be an acquittance of the garnishee pro tanio against the person of 
color. If the garnishee shonld not acknowledge, pay, give note and 
surrender as above, to the satisflictiou of the plaintiff in attach- 
ment, the garnishee shall, in obedience to the summons, make the 
return, on oath, to the Magistrate, or District Court, as the case may 
be, of what, if anything, he owes to the person of color, either pres- 
ently due or payable in future, or has in possession belonging to 
him. If the plaintiff should be then satisfied, the garnishee shall 
pay, give note and surrender as before mentioned ; but if the plain- 
tiff should be still dissatisfied, he and the garnishee, with other wit- 
cesses (of whom the person of color may be one on either side,) 
shall be heard, and orders respecting the matter between them be 
made by the Magistrate or District Court, according to the truth as 
it may appear. If the garnishee should fail to make return, or 
meet the trial, judgment shall be rendered against him for the 
amount or value claimed from him in the summons. Any property 
surrendered by a garnishee, before or after trial, shall be sold under 
the order of the Magistrate or Court, and the proceeds applied to 
the payment of the tax and costs, and the surplus, if any, shall be 
paid to the person of color. For goods eloigned or wasted after 
service of the summons the garnishee who had them in possession 
shall be made answerable. Like proceedings may be had upon any 
second or subseijuent attachment, priority between various plaintiffs 
pursuing the same garnishee being settled according to the priority 
of the dates of different summonses against him. 
Question? of XXXIII. Questions of color and caste shall, subject to the right 
coiorand caste, ^f appeal on either side, be conclusively determined by a verdict 
rendered upon an issue of fi^ct joined in a case of prohibition or 
mandamus. The writ in such case may be granted, upon applica- 
tion made by or in behalf of any person alleged to be a person of 
color, against any Sheriff, Magistrate, or other officer, who is pro- 
ceeding in a way that would be proper toward a person of color, and 
not proper toward a white person ; or who refuses, at the instance 
of the person in question, to do what a white person would have a 
right to demand to be done. It may be granted by any Judge of a 
Superior Court, or by the Judge of the District Court to whose 
District the officer belongs, the burden of proof being, by order 
of the Judge, thrown upon that party against whom his opinion 



OF SOUTH CAROLINA. 265 

inclines, according to the judgment which he may form, upon ^- is^ 

inspection of the person in question, affidavits or documents. _ The "^ 

issue shall be tried in the Superior Court of Law for the District 

aforesaid. Inspection of the person in question, and of his kindred, 

testimony direct, or from reputation, concerning his parentage, and 

direct testimony concerning his conduct and reception in society, 

may enter into the evidence. The Attorney General or Solicitor of 

the Circuit shall, ex officio, represent the officer, the party in the 

issue. A judicial proceeding, not such as is here made conclusive, 

previously had, in a case wherein the person in questiou was a party, 

or wherein his caste was collaterally tried in a case between other 

parties, may be received in evidence, but shall not be conclusive 

or have weight beyond what, under the circumstances, the jury may 

give. 

XXXIV. An action or legal proceeding, not involving the title ^.^^^^ ^^^ ^^^_ 
to land, in which a person of color is plaintiff or defendant, must be munoinganac- 
comraenced as below specified, or it will be barred, namely : An ^''^''• 
action founded upon a tort within three months from the time the 

cause of action arose; an action founded upon a contract not in 
writing, within six months from the time the cause of action arose; 
an action founded upon a contract in writing, wherein the debt or 
damages do not exceed two hundred dollars, within twelve months 
from the time the cause of action arose, except that, first, a pay- 
ment of part, with a distinct acknowledgment of a balance due, or 
an express promise to pay a well defined sum, shall constitute a 
new era from which the period of limitation shall run on a matter 
of contract; second, that if any legal proceeding shall be com- 
menced within the limited period, in good fiiith, for recovery upon 
tort or contract, and shall terminate without judgment for the 
plaintiff, its termination shall constitute the period from which the 
time shall be counted; third, that there shall not be included in the 
computation of time the time between the death of a white person, 
defendant, and grant of administration or probate to his personal 
representative; nor, fourth, the time during which an executor or 
administrator, defendant, is by law protected from suit; nor, fifth, 
the time during which a person of color, defendant, may be absent 
from the District in which the cause of action arose, or may be 
absconding in that District. 

XXXV. In reference to wills, executors and administrators, dis- Extension of 
tribution of estates after payment of debts, the rights and remedies ^^shts. 

of legatees and next of kin, and all other matters relating to testa- 
tors and intestates, the same law which applies to white persons 
shall extend to persons of color. 

XXXVI. To the District Court there shall be an appeal from the 
Ordinary in respect to matters which affect persons of color, to be 
conducted as in like case as an appeal to a Superior Court. An 
appeal from a Magistrate shall go to the District Court, the applicant Appeals, 
paying in cash, to the Magistrate, one dollar, as a fee, for the report. 

An appeal from the District Court or District Judge shall go to the 
Court of Appeals, the appellant paying, in cash, two dollars for the 
report, which shall go into the District Court fund, to be taxed 
against the appellee if the appellant finally prevails. No rule or 
order of any Court or Judge in this State shall require the printing, 



266 STATUTES LT LARGE 

A, D. I8fi5. jjy a party to a suit, of any report, brief, or other paper conuected 
^■"'^y^'^^ with appeals. 

XXXVII. The various Boards of Oomraissiouers in the District, 
BoardfofCom- ^"stead of the reports heretofore made to the Superior Court of Law, 
missioners. shall, ou the first day of the first quarterly sitting of the District 
Court, iu each year, make such reports to the District Court. The 
District Judge shall, himself, examine these reports carefully, see 
that they contain a full statement of transactions for the year pre- 
ceding, as well as a correct account of receipts and expenditures, 
and point out errors and omissions. He may also refer them to the 
Grand Jury, iu his Court, and shall make such order in reference 
to them as he may think likely to secure, in future, accurate con- 
formity to law. 
Appointments XXXVIII. In case of the vacancy of the office of a District 
in cases of va- Ju Jge^ by death, resignation or otherwise, the Governor shall 
immediately appoint a successor, who shall continue in office until 
a Judge shall be elected by the Legislature, and shall take the 
oath of office. The District Judge, during his continuance in office, 
shall hold no other office of profit or trust under this State or the 
United States. 
'Liberty of XXXIX. In all process and pleadings in the District Court, the 
amendment, largest liberty of amendment, consistent with fairness, shall be 
allowed. Indictments shall be required to contain only so much as 
will give to the accused reasonable information of the charges 
against which he is to defend himself; substance, and not form, shall 
be looked to; and technical requirements shall not be permitted to 
hinder or delay the adu)inistration of justice. 
Rules and -^L- The Judges of the Court of Appeals shall, from time to 
forms. time, make rules for the orderly and uniform transaction of business 

and conduct of cases in the several District Courts of the State, and 
shall prescribe forms, short and simple, f )r the conduct of business, 
and for the assistance of officers and others connected with these 
Courts. 

FEES. 

XLI. The fees of officers for all services which are required by 
vice this Act, or either of the other Acts mentioned in the "Act 
preliminary to the legislation induced by the emancipation of 
slaves," and fir which no special provision is made in any of these 
Acts, shall be the same as now prescribed by law for like services, 
except as hereinbelow provided. 
Fees of At- XLII. The Attorney-General, Solicitor, Deputy of either, or 
!md SoiSo.!:"^ other District Attorney, shall have : _ . 
For convicting each offender in the District Court of a capi- 
tal crime $15 00 

For convicting each offeuder of a felony, with benefit of 

clergy, or an aggravated misdemeanor 10 00 

For convicting each offender of a petty misdemeanor 5 00 

(Misdemeanors to be classified according to rules to be 

adopted by the Court of x\ppeals.) 
For representing the Tax-Collector, Magistrate or other 
officer in a case for the trial of a question of color or 
caste 20 00 



OF SOUTH CAROLINA. 267 

To be paid out of any public funds in tbe hands of such officer, AJD^i86o^ 
and recovered back from the adverse party, if the final decision ^ 

should be against hira. 

XLIII. The Clerk shall have, in the following matters connected 
with the District Court, these fees, to wit: For all services respec- cierk^^ ^""^ ° 
ting Juries, including entries in the Journal, receiving returns and 
making certificates : 

For a Jury at a rnonthly sitting SO 50 

For Juries at a quarterly sitting 75 

For a new Jury list, and necessary tickets 2 00 

For an annual copy of rolls of Jurors and Constables 

transmitted to the Taeasurer 5 00 

For the annual report from the District Court transmitted 

to the Treasurer 10 00 

For copying any report or other paper, or making any 
entry more than one hundred words, in a journal, for 

each word 00 1 

For licenses granted by order of the District Judge 50 

On all sums paid into Court under order of Court, 3 per cent. 
For filing any report, instrument of apprenticeship, or 

other paper directed to be filed in his office 20 

The services mentioned in the last two items, if required by any 
District Board, shall be paid for out of its funds; if required by a 
Magistrate, shall be collected by him, along with his own fees, from 
the person liable for the paper. For any summons, notice, order, 
sentence, process, mesne or final, which might have proceeded from 
a Magistrate, if the case be before the Judge of the District Court, 
and the Clerk issue the paper, the fees of the Clerk shall be the 
same as the Magistrate would have had. 

XLIV. The Sheriff shall have, in the following matters connected .Fees for the 
with the District Court, these fees, to wit : 
For obtaining a copy of the Tax Collector's return and help- 
ing the Clerk about a new Jury list $2 00 

For summoning a jury at a monthly sitting 1 00 

For summoning a jury at a quarterly sitting, including the 

writing of summons 1 50 

Besides mileage for the number of miles actually and neces- 
sarily traversed in summoning a jury, at the rate per 

mile of 05 

The Sheriff or Constable shall have, for serving process and execut- 
ing orders from the District Court, (not intended to include the or- 
dinary proceeding by summary process,) the following fees, to wit : 
For arresting an individual, or seizing a chattel under a special 
order, or evicting a tenant, or doing other specific service 

as duly required SO 50 

For serving any process, summons or order not requiring any 

specific action 25 

With mileage from the place whence the summons, order or 
other paper issued, to the place of its service or execution, 

going, but not returning, per mile 05 

For specific execution of a sentence. 50 

For receiving money, note or goods under special attachment 50 
The fees of the Clerk and Sheriff, respecting the juries in the Dis- 



268 STATUTES AT LARGE 

A.D.1S65. trict Court, and the fees of the Clerk for copy rolls and reports 
""^ transmitted by him to the Treasurer, and the fees of the Magistrate 

for reports shall be paid out of the District Court fund. 
Fees for Mag- XLV. A Magistrate, for the services mentioned below, shall have 
fees as lollows, namely : 

For a summons or notice, and taking the return thereof. 80 20 

For making and entering any order or decision, not below men- 
tioned, including a copy, if it is to be served 20 

For hearing and determining any small and mean cause, or 
any complaint, dispute or controversy, including all ne- 
cessary entries of judgment, decree or order 25 

For the same as in the last item, where more than four wit- 
nesses are examined 50 

For an order of eviction 50 

For each quarterly report to the District Court, not disap- 
proved by the District Judge 1 00 

For each semi-annual report to the Chairman of the Board of 
Relief of Indigent Persons of Color, not disapproved by 

the said Board 2 00 

For a special attachment and taking return thereof. 50 

For return of garnishee not contested 30 

For binding out an apprentice, including the instrument, to be 

paid by the master 50 

For approving a contract between master and servant or ser- 
vants 50 

For any affidavit, not a return before mentioned 30 

XLVI, The person who requires services in a civil suit or com- 
Payment of plaint, or any matter which he expects to be specially beneficial to 
himself, before the District Court or a Magistrate, shall pay the 
fees for them, and he shall recover back fr< m the adverse party 
what he has thus properly paid, if he should prevail against that 
party. In a criminal proceeding, the services shall be rendered 
without instant payment ; and if the accused should be convicted, 
he shall be bound to pay all the costs of the prosecution, and for 
them be liable to all the modes of exaction which may be used for 
the collection of fines. If collection from the convict cannot be had, 
then the State shall be liable for one-half of the costs. If the ac- 
cused should be acquitted, the Judge or Magistrate before whom the 
acquiuar^^ ° trial has been had, if he has become satisfied in the course of the 
trial that the piosecution was without probable cause, may order 
that the prosecutor shall pay the costs of the prosecution ; and there- 
upon process for collection shall go against the prosecutor, in like 
manner as, in case of conviction, it might have gone against the 
convict. 

XLVII. For the District Court of Berkeley, the provisions of 
oPiferkeiey"'^'^ ^^'^ ^^^ shall prevail, Subject to the following modifications, namely : 
The Clerk, Sheriff", Masters and Registers in Ecjuity, and Ordinary, 
for Charleston Judicial District, shall have the same powers and be 
subject to the same duties and liabilities, iti res[)oct to Berkeley Dis- 
trict, as like officers in other Districts. An appeal from the Or- 
« diuary of Charleston Judicial District, which, under this Act, 
should go to a District Court, shall go to the District Court of 
Berkeley, according to the rules which, if such election District had 



OF SOUTH CAROLINA. 269 

an Ordinary, would determine the Ordinary that should have juris- ^- ^- 1865. 
diction of the matter in question. The various Boards of" C'trarais- ^— — y^— -^ 
sioners in Berkeley District shall report to the Court of that Dis- 
trict, and be subject to it in like manner as, in other Districts, 
Boards are to their respective District Courts. The records of 
Berkeley District shall be kept in the office of the Clerk of the 
Judicial District of Charleston. The Judge of the District Court 
of Berkeley may hold monthly and quarterly sittings of his Court 
at such places in his District as he may appoint, taking care to give 
due public notice ; and all process of his Court shall be returnable 
to such place as the Judge of the Court may appoint, and be by 
suitable words framed accordingly. Jurors for common juries shall 
be summoned by the Sheriff from any citizens of the District, and jurie""™°""^^ 
for special juries, jurors shall be drawn from a box which contains 
the names of all citizens of the District, the Judge being at liberty 
to reject, of those drawn, any citizen who lives more than twenty 
miles from the place where the Court is appointed to be held. 

XLVIir. All the provisions of this Act will apply to the District District Court 
Court of Charleston, and all the officers of the Judicial District of of Charleston. 
Charleston will occupy the same relations to the District Court of 
Charleston as like officers do in other Judicial Districts to the Dis- 
trict Court of such Districts, except as in this Act excepted in 
reference to Berkeley District. 

XLIX. The Judges first elected under this Act shall not be com- Commission 
missioned until the Governor shall be satisfied that they will be of Jw'ises. 
permitted to exercise the jurisdiction committed to them. 

In the Senate House, the nineteenth day of December, in the " 
year of our Lord one thousand eight hundred and sixty-five. 

W. D. PORTER, President of the Senate. 

C. H. SIMONTON, Speaker House of Representatives. 

Approved : James L. Orr. 



AN ACT TO Establish and Regulate the Domestic Rela- No. 4733. 
TioNs OF Persons of Color, and to Amend the Law in 
Relation to Paupers and Vagrancy. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the 
same, as follows : 

HUSBAND AND WIFE. 

I. The relation of husband and wife amongst persons of color is Husband and 
established. wife. 

II. Those who now live as such are declared to be husband and 
wife. ' 

III. In case of one man having two or more reputed wives, or Two wiyes or 
one woman two or more reputed husbands, the man shall, by the ^"^''^°'^=^- 



270 STATUTES AT LARGE 

A. D. 1865. grgt (Jay of April next, select one of his reputed wives, or the 
'■ ■^ woman one of her reputed husbands; and the ceremony of mar- 

riage between this man or woman, and the person so selected, shall 
be performed. 
Legitimacy of ^^^- I^^'CiT Colored child, heretofore born, is declared to be the 
children. legitimate child of his mother, and also of his colored father, if he 

is acknowledged by such a father. 
Marriage V. Persons of color desirous hereafter to become husband and 
contraet. wife, should have the contract of marriage duly solemnized. 

YI. A clergyman, the District Judge, a Magistrate, or any judi- 
cial officer, may solemnize marriages. 
Cohabitation "^^I- Cohabitation, w'ith reputation or recognition of the parties, 

shall be evidence of marriage in cases criminal and civil. 
-. ^ Vill. One who is a pauper or a charge to the public shall not 

riages? ' be Competent to contract marriage. Marriage between a white 
person and a person of color shall be illegal and void. 

IX. The marriage of an apprentice shall not, without the con- 
sent of the master, be lawful. 
., , ^ X. A husband shall not, for anv cause, abandon or turn away 

Abandonment , . .,. w' i . i i Vi- i ,. i i i i 

of husband or his wite, nor a wiie her husband. Lither ot them that abandon; or 
^'^®" turns away the other may be prosecuted for a misdemeanor; and, 

upon conviction thereof, before a District Judge, may be punished 
by fine and corporal punishment, duly apportioned to the circum- 
stances of aggravation or mitigation. A husband not disabled, 
who has been thus convicted of having abandoned or turned away 
his wife, or who has been shown to tail in maintaining his wife and 
children, may be bound to service by the District Judge from year 
to year, and so much of the profits of his labor as may be requisite, 
be applied to the maintenance of his wife and children ; the distri- 
bution between them being made according to their respective 
merits and necessities. In like manner, a wife not disabled, who 
has been thus cunvicted, may be bound, and the proceeds of her 
labor applied to the maintenance of her children. In either case, 
any surplus profit shall go to the person bound. At the end of any 
year for which he was bound, the husband shall have the right to 
return to or receive back his wife, and thereupon shall be dis- 
charged upon condition of his afterwards maintaining his wife and 
children. A like right a witie shall have, at the end of a year for 
which she was bound, on condition of her making future exertions 
to maintain her iamily. 
Rights of an XI. Whenever a liusband shall be convicted of having aban- 
wife. ° ^ doned or turned away his wife, she shall be competent to make a 
contract for service ; and until he shall return to her or receive her 
back, she shall have all the riglits, and be subject to all the liabili- 
ties, of an unmarried woman, except the right to contract marritige. 
AVhen either husband or wife has abandoned the other in any Dis- 
trict, and that other remains there, if upon the warrant or summons 
against the one charged of misdemeanor, under the Section next 
preceding, there be a return by a Sheriti' or Constable, under oath, 
that the accused has left the District, or absconds, so that there 
4 cannot be personal service, the prosecution may proceed as if the 
accused had been arrested, and, upon conviction, all the other con- 
sequences shall follow, except punishment, and that shall be re- 



OF SOUTH CAROLINA. 271 

served until the accused may be brought into Court, when an A. D. 1865. 
opportunity shall be given for disproving the truth of the return ^■— ~v^^ 
and setting aside the conviction. , 

PARENT AND CHILD. 

XII. The relation of parent and child, amongst persons of color, Relations of 
is recognized, confers all the rights and remedies, civil and criminal, chU*d°estaJi- 
and imposes all the duties that are incident thereto by law, unless lished. 

the same are modified by this Act, or some legislation connected 
herewith. 

XIII. The father shall support and maintain his children under 
fifteen years of age, whether they be born of one of his reputed 
wives or of any other woman. 

GUARDIAN AND WARD. 

XIV. The relation of guardian and w-ard, as it now exists in 
this State, with all the rights and duties incident thereto, is ex- 
tended to persons of color, with the modifications made by this 
Act. 

MASTER AND APPRENTICE. 

XV. A child, over the age of two years, born of a colored pa- Binding of 
rent, may be bound by the father, if he be living in the District, or apprentice. 

in case of his death or absence from the District, by the mother, as 
an apprentice to any respectable white or colored person who is 
competent to make a contract ; a male until he shall attain the age 
of twenty-one years, and a female until she shall attain the age of 
eighteen years. 

XVI. Illegitimate children, within the ages above specified, may 
-be bound by the motlier. 

XVII. Colored children, between the ages mentioned, who have t,. ,. , 

. , ,. , , ,. . . I -rf- • • 1-11 Binding by 

neither lather nor mother living in the District in which they ar6 District Judge, 
found, or whose parents are paupers, or unable to afford to them 
maintenance, or whose parents are not teaching them habits of in- 
dustry and honesty, or are persons of notoriously bad character, or 
are vagrants, or have been, either of them,, convicted of an infa- 
mous offense, may be bound as apprentices by the District Judge, or 
one of the Magistrates, for the aforesaid term. 

XVIII. Males of the age of twelve years, and females of the age Signatures. 
of ten years, shall sign the indenture of apprenticeship, and be bound 
thereby. 

XIX. When the apprentice is under these ages, and in all Compulsory 
cases of compulsory api)renticeship, where the infant refuses assent, ghip.^ 
his signature shall not be necessary to the validity of the apprentice- 
ship. The master's obligation of apprenticeship, in all cases of compul- 
sory apprenticeship, and cases where the father or mother does not 
bind a child, shall be executed in the presence of the District 
Judge, or one of the Magistrates, certified by him, and filed in 
the office of the Clerk of the District Court. 

XX. The indenture of voluntary apprenticeship shall be under 



apprentice- 



272 STATUTES AT LARGE 

A. D. 1S65. seal, and be signed by tbe master, the parent and the apprentice, at- 
^^ — ■^ — ^ tested bv two credible witnesses, and approved by the District Judge, 

undeJ^eaf*'"^^ ^^' ""^ ^^ ^'^^ Magistrates. 

XXI. All instruments of apprenticeship shall be executed in 
Duplicates of duplicate, one of which shall be retained by the master, and the 

indentures. ^^^^^, ^^ gj^^j j,^ ^j^^ ^^^^ ^f ^}^^ (jj^.^l- ,^f tlieDistrict Court. For 

the approval of an instrument of apprenticeship, thus executed iu 
duplicate, the master shall pay au aid of three dollars to the Mag- 
istrate, or District Judge, as the case may be. 

XXII. The master or mistress shall teach the apprentice the 
ter''1in*d mis- business of husbandry, or some other useful trade or business, 
tres. which shall be specified in the instrument of apprenticeship ; shall 

furnish him wholesome food and suitable clothing ; teach him habits 
of industry, honescj and morality ; govern and treat him with 
humanity^ and if there be a school within a convenient distance, 
in which colored children are taught, shall send him to school at 
least six weeks in every year of his apprenticeship, after he shall 
Proviso. be of the age often years: Provided, That the teacher of such 

school shall have the license of the District Judge to establish the 
same. 

XXIII. The master shall have authority to inflict moderate 
Chastisement, chastisement and impose reasonable restraint upon his apprentice, 

and to recapture him if he depart from his service. 
-,,. , ,. ^ XXIV. The master shall receive to his own use the profits of 

Dissolution of , , , „ , . . ixM 1 ..• X' .. 1 i* 

agreement. the labor of his apprentice. The relation of master and apprentice 
shall be dissolved by the death of the master, except where the ap- 
prentice is engaged in husbandry, and may be dissolved by order of 
the District Judge, when both parties consent, or it shall appear to 
be seriously detrimental to either party. In the excepted case, it 
shall terminate at the end of the year in which the master died. 
Cases of ha XXV. In cases of the habitual violation or neglect of the duties 

bitu'ii viola.- herein imposed on the master, and whenever the apprentice is in 

tion or neglect, ^^^j^gg^ of moral contamination by the vicious conduct of the 
master, the relation of master and apprentice may be dissolved by 
the order of the District Judge ; and any person shall have the 
right to complain to the District Judge that the master does not 
exercise proper discipline over his api)rentice, to the injury of his 
neighbors ; and if upon investigation, it shall be so found, the rela- 
tion between the parties shall be dissolved. 

XXVI. In cases of alleged violation of duty, or of misconduct 

iatk.SduIy°" on the part of the master or apprentice, either party may make 
complaint to a Magistrate, who shall summon the parties before 
him, inquire into the causes of complaint, and make such order as 
shall be meet, not extending to the dissolution of the relation of the 
parties ; and if the master be found to be in default, he shall be 
fined not exceeding twenty dollars and costs ; and if the apprentice 
be in default, he may be corrected in such manner as the Magis- 
trate shall order. A frivolous complaint made by either party shall 
be regarded as a default. 
Immoderate XXVII. In cases in which the District Judge shall order theap- 

eorreetion. ' prentice to be discharged for immoderate correction, or unlawful 
restraint of the apprentice, the master shall be liable to indictment, 
and, on conviction, to fine and imprisonment, at the discretion of 



OF SOUTH CAROLINA. 273 

the Court, not exceeding a fine of fifty dollars, and imprisonment A- ^- 1S65. 
of tiiirty days ; and, also, to an action for damages, by the ap- ^""^"^r— ^ 
prentice. 

XXVIII. All orders made by a Magistrate touching the relation Filing of or- 
of master and apprentice shall be filed in the office of the Clerk of *'°'^^' 

the District Court. 

XXIX. A mechanic, artisan or shopkeeper, or other person who Licenses. 
is required to have a license, shall not receive any colored appren- 
tice without having first obtained such license. 

XXX. At the expiration of his term of service, the apprentice .^^im recov- 
shall have the right to recover from his master a sum not exceeding 

sixty dollars. 

XXXI. To an apprentice shall apply the provisivjns hereinafter . Duties and 
made for a servant under contract, so far as respects the regulations ''^^"'•*- 

of labor, the duties of the servaut, the rights of the master as to 
third persons, and the rights of servants as to third persons ; ex- 
cept that to an apprentice the master shall be bound to furnish 
necessary medicine and medical assistance. 

XXXII. In all indentures or obligations of apprenticeship, the 
regulations herein prescribed shall be considered stipulations. 

XXXIII. Form of indenture to be used in cases of voluntary ap- Form of in- 
preiiticcship, tvhere the apprentice is bound by father or mother (to 

be in duplicate) : I (father or mother, as the case may be,) of (name 
of child) my child, of the age of years, do hereby bind 

said child to (name of master) to learn the (here insert the trade or 
business,) and I (name of master) agree to receive the said child as 
my apprentice. lu witness whereof, we (the master, father or 
mother, as the case may be, and child, if over the prescribed age) 
have subscribed our names and put our seals, this day of 

18 



denture. 



A. B. 


[L. S.] 


C. D. 


[L. S.] 


E. F. 


[L. S.j 



Signed and sealed in the presence of 
G. H, 
L. R. 
I approve the above indenture of apprenticeship this day of 

18 

M. N., (Judge of the District Court, or Magistrate.') 
XXXIV. Form of obligation of apprenticeship, takQu. by the Dis- Formofobii- 
trict Judge or Magistrate, to be used in all cases of compulsory ap- ^'^ '°"' 
prenticeship ; and, in all cases, where neither father nor mother 
binds the child (to be in duplicate) : I (name of master) agree to 
receive (name of apprentice) as my apprentice, to learn jthe (insert 
the trade or business) ; and I bind myself to perform all my duties 
as such master. In witness whereof (the master, and apprentice, if 
over the prescribed age, who consent to be bound, otherwise only 
the master,) ha subscribed 

seal this 



Signed and sealed in the presence of 

E. F., {District Judge, or Magistrate.) 
Vol. 13—18 



name 


and 


put 






day 


of 




186 


A. 


B. 




[L. 


S.] 


C. 


D. 




[L. 


S.] 



274 STATUTES AT LARGE 

A. D. isiio. I approve and certify the above obligation of apprenticeship, this 

^ V ' day of 186 

E. F., {Judge of the District Coxirt, or 3Iagidrate.~) 

CONTRACTS FOR SERVICE. 

Contracts. XXXV. All persons of color who make contracts for service or 

labor, shall be known as servants, and those with whom they con- 
tract, shall be known as masters. 
Witness. XXXVI. Contracts between masters and servants, for one month 

or more, shall be in writing, be attested by one white witnes.?, and 
be approved by the Judge of the District Court, or by a Magistrate. 
Period of XXXVII. The period of service shall be expressed in the con- 
serviee. tract; butifitbenot expressed, it shall be until the twenty-fifth 

dav of December next after the commencement of the service. 
Kateofwnges. XXXVIII. If the rate of wages be not stipulated by the parties 
to the contract, it shall be fixed by the District Judge, or a Magis- 
trate, on application by one of the parties, and notice to the other. 

XXXIX. A person of color, who has no parent 'iviug in the 
District, and is ten years of age, and is not an apprentice, may make 
a valid contract for labor or service for one year or less. 
Fraud in eon- XL. Contracts between masters and servants may be set aside 
tracts. fQy fraud or unfairness, notwithstanding they have been approved. 

Time for ap- XLI. Written contracts between masters and servants shall be 
provai. presented for approval within twenty days after their execution. 

XLII. Contracts for one month or more shall not be binding on 
the servant, unless they are in writing, and have been presented for 
approval within the time aforesaid. 
Evasion of XLIII. For any neglect of the duty to make a contract as herein 
duty. directed, or the evasion of that duty by the repeated employment 

of the same persons for periods less than one month, the party of- 
fending shall be guilty of a misdemeanor, and be liable, on convic- 
tion, to pay a sum not exceeding fifty dollars, and not less than five 
dollars, for each person so employed. Xo written contract shall be 
required when the servant voluntarily receives no remuneration ex- 
cept food and clothing. 

XLIV. For the approval of contracts, the following sums, to be 
called aids, shall be paid to the District Judge, or the Magistrate, 
Proviso. as the case may be, in cash, when the contract is approved: Provided, 
No aid shall be paid fi)r any servant under twelve years of age: 

Fees for ap- For a Contract for one month or less, for each servant 80 25 

fracif. °^ °^^' For a contract not exceeding three months and more than one 

month, for each servant 50 

J'or a contract not exceeding six months and more than three 

months, for each servant 75 

For a contract for one year, or any time more than six months, 

for each servant 1 00 

For a contract for more than one year, for each year or part 

of a year over one year, for each servant 1 00 

One-half of which aids shall be paid by the master, and one-half by 
the servant. 



OF SOUTH CAROLINA. 275 

REGULATIONS OF LABOR ON FARMS. A- '^- 1865. 

XLV. On farms or in out-door service, the hours of labor, ex- lab^r.*^""* °^ 
cept on Sunday, shall be from sun-rise to sun-set, with a reasonable 
interval for breakfast and dinner. Servants shall rise at the dawn 
in the morning, feed, water and care for the animals on the farm, 
do the usual and needful work about the premises, prepare their 
meals for the day, if required by the master, and begin the farm 
work or other work by sun-rise. The servant shall be careful of all 
the animals and property of his master, and especially of the ani- 
mals and implements used by him, shall protect the same from in- 
jury by other persons, and shall be answerable for all property lost, 
destroyed or injured by his negligence, dishonesty or bad faith. 

XLVI. All lost time, not caused by the act of the master, and u ?^°?\°^ ^^^'"'^ 
all losses occasioned by neglect of the duties hereinbefore prescribed, otherwise. "^ 
may be deducted from the wages of the servant; and food, nursing 
and other nece.ssaries for the servant, whilst he is absent from work 
on account of sickness or other cause, may also be deducted from 
his wages. Servants shall be quiet and orderly in their quarters, at 
their work, and on the premises; shall extinguish their lights and fires, 
and retire to rest at seasonable hours. Work at night, and out- 
door work in inclement v^eather, shall not be exacted, unless in case 
of necessity. Servants shall not be kept at home on Sunday, unless 
to take care of the premises, or animals thereupon, or for work of 
daily necessity, or on unusual occasions; and in such cases, only so 
many ^hall be kept at home as are necessary for these purposes. 
Sunday work shall be done by the servants in turn, except in cases 
of sickness or other disability, when it may be assigned to them out 
of their regular turn. Absentees on Sunday shall return to their 
homes by sun-set. 

XLVII. The master may give to a servant a task at work about Task work. 
the business of the farm which shall be reasonable. If the servant 
complain of the task, the District Judge, or a Magistrate, shall 
have power to reduce or increase it. Failure to do a task shall be 
deemed evidence of indolence, but a single failure shall not be eon- . 
elusive. When a servant is entered into a contract, he may be re- 
quired to rate himself as a full hand, three-fourths, half, or one- 
fourth hand, and according to this rate, inserted in the contract, 
shall be the task, and of course the wages. 

XLVIII. Visitors or other persons shall not be invited or al- Visitors. 
lowed by the servant to come or remain upon the premises of the 
master without his express permission. 

XLIX. Servants shall not be absent from the premises without 
the permission of the master. 

RIGHTS OF MASTER AS BETWEEN HIMSELF AND HIS SERVANT. 

L. When the servant shall depart from the service of the master Duties of mas- 
without good cause, he shall forfeit the wages due to him. The .ser- vant.'^"'^ ^^^' 
vant shall obey all lawful orders of the master or his agent, and 
shall be honest, truthful, sober, civil and diligent in his business. 
The master may moderately correct servants who have made con- 
tracts, and are under eighteen years of age. He shall not be liable 



276 STATUTES AT LARGE 

A. D.isr». to pay for any additional or extraordinary services or labor of his 
^'^"v-""*' servant, the same being necessary, unless by express agreement. 

CAUSES OF DISCHARGE OF A SERVANT, 

Causes for dis- LI. The master may discharge his servant for wilful disobedience 
e nrge. ^^ ^^^^ lawful order of himself or his agent; habitual negligence or 

indolence in business; drunkenness, gross moral or legal miscon- 
duct; want of respect and civility to himself, his family, guests or 
agents; or for prolonged absence from the premises, or absence on 
two or more occasions without permission. 
Power of Di?- LII. For any acts or things herein declared to be causes for the 
• Vs^e of'c^oiu" discharge of a servant, or for any breach of contract or duty by 
''''"°'^- him, instead of discharging the servant, the master may complain 

to the District Judge or one of the Magistrates, who shall have 
power, on being satisfied of the misconduct complained of, to 
inflict, or cause to be inflicted, on the servant, suitable corporal 
punishment, or impose upon him such pecuniary fine as may be 
thought fit, and immediately to remand him to his work ; which 
fine shall be deducted from his wages, if not otherMise paid. 

LIII. If a master has made a valid contract with a servant, the 
District Judge or Magistrate may compel such servant to observe 
his contract, by ordering infliction of the punishment, or imposition 
of the fiue hereinbefore authorized. 

RIGHTS OF MASTER AS TO THIRD PERSONS. 

Masters not LIV. The master shall not be liable for the voluntary trespasses, 
iiemeanors'^of torts or misdemeanors of his servants. He shall not be liable for 
servants. any Contract of his servant, unless made by his authority ; nor for 

the acts of the servant, unless they shall be done within the scope 
of the authority entrusted to him by the master, or in the course of 
his employment for the master; in which excepted cases the master 
shall be answerable for the fraud, negligence or want of skill of his 
servant. The master's right of self-defense shall embrace his 
servant. It shall be his duty to protect his servant from violence 
by others, in his presence, and he may reader him aid and 
assistance in obtaining redress for injury to his rights of person or 
property. 
.Harboring or LV. Any person who shall deprive a master of the service of 
his servant, by enticing him away, or by harboring and detaining 
• him, knowing him to be a servant, or by beating, confining, dis- 

abling or otherwise injuring him, shall be liable, on conviction 
thereof, to a fine not exceeding two hundred dollars, and not less 
than twenty dollars, and to imj)risonment or hard labor, at the 
discretion of the Court, not exceeding sixty days ; and, also, to an 
action by the master to recover damages for loss of services. 
Servant to dc- LVI. The master may command his servant to aid him in the 
^""^ ■ defense of his own person, family, premises or proi>erty ; or of the 

person or property of any servant on the premises of the master ; 
and it shall be the duty of the servant promptly to obey such 
command. 



OF SOUTH CAROLINA. 277 

LVII. The master shall not be bound to furnish medicine or ^- ^- 18'». 
medical assistance for his servant, without his express engagement. ~ v— — ^ 

LVIII. A master may give the character of one who has been gi^^c^hara'eter 
in his service to a person who may make inquiry of him; which of servant. 
shall be a privileged communication, unless it be falsely and 
maliciously given. And no servant shall have the power to make 
a new contract, without the production of the discharge of his 
former master, District Judge or Magistrate. 

LIX. Any person who shall willfully misrepresent the character Misrepresenta- 
of a servant, whether he has been in his service or not, either for ]-a°c"er? ^ '^' 
moral qualities, or for skill or experience in any employment or 
service, shall be liible t^) an action for damages by any one who 
has been aggrieved thereby. 

LX. Upon the conviction of any master of larceny or felony, Master con- 

»* •/ ' victGcl or InrcG- 

the District Judge shall have the right, upon the demand of any ny or felony. 

white freeholder, to annul the contract between such convict and 

his colored servants. If any white freeholder shall complain to 

the District Judge that any master so manages and controls his 

colored servants as to make them a nuisance to the neighborhood, 

the Judge shall order an issue to be made up and tried before a 

jury, and if such issue is found in favor of the complainant, the 

District Judge shall annul the 'contract between such master and 

his colored servant or servants, and in each of the cases above 

provided for, he shall not approve any subsequent contract between 

such person and any colored servant for two years thereafter. 

RIGHTS OF SERVANT AS BETWEEN HIMSELF AND MASTER. 

LXI. The servant may depart from the master's service for an why a servant 
insufficient supply of wholesome food; for an unauthorized ™!l?'-'Jf '^'3,^*^ \^-^ 

ri •/ P 1 • /. •! -1 service ot hw 

battery upon his own person, or one or his tamily, not committed master.. 
in defense of the person, family, guests or agents of the master, 
nor to prevent a crime or aggravated misdemeanor ; invasion by 
the master of the conjugal rights of the servant ; or his failure to 
pay wages when due ; and may recover wages due for services 
rendered to the time of his departure. 

LXII. The contract for service shall not be terminated by the In case of death 
death of the master, without the assent of the servant. Wages ° "^''^ *^^' 
due to white laborers and to white and colored servants shall rank 
as rent does, in case of the insufficiency of the master's property 
to pay all debts and demands against him, but not more than one 
year's wages shall be so preferred. When wrongfully discharged 
from service, the servant may recover wages for the whole period 
of service according to the contract. If his wages have not been 
paid to the day of his discharge, he may regard his contract 
rescinded by the discharge, and recover wages up to that time. 

LXIII. The master shall receive into his employment the 
servant with whom he has made a contract, but any of the causes 
which may justify him in discharging a servant shall justify him 
in refusing to receive him. 

LXIV. The master shall, upon the discharge, or at the Certificate of 
expiration of his term of service, furnish the servant with a discharge, 
certificate of discharge, and at the request of the servant, give him 
a certificate of character. 



278 STATUTES AT LARGE 

A. D. IfSfi.-). MUTUAL RIGHTS OF MASTER AND SERVANT. 

Deeision^of LXV. Whenever a master discharges a servant, the servant may 
of discharge. make immediate complaint to a District Judge or Magistrate, and 
whenever a servant departs from his master's service, the master 
may make like complaint. In either case, the District Judge or 
Magistrate, shall, by summons or warrant, have the parties brought 
before him, hear them and their witnesses, and decide as to the 
sufficiency of the cause of his discharge or departure. This 
decision shall not affect or prejudice any further action on either 
side, but it may avail to restore the relation of master and servant 
between the parties, if that be ordered. If the servant be decided 
to have been unlawfully discharged, and shouhi desire to return to 
service under his contract, the master shall be compelled to receive 
him, under the penalty of twenty dollars, in case of his refusal. 
If the master desire the return of a servant, who has been decided 
to have departed without sufficient cause, the servant may be 
compelled, by fine and corporal punishment, to return to the 
service of the master, and perform his duties under the contract. 

RIGHTS OF SERVANTS AS TO THIRD PERSONS. 

LXVI. The servant shall not be liable for contracts made by 
the express authority of his master. 
Servant not LXVII. A servant shall not be liable, civilly or criminally, for 
terms' acts^ ™^®' any act done by the command of his master, in defense of the 
^ master's person, family, guests, agents, servants, premises or 
property. He shall not be liable, in any action ex delicto, for any 
tort committed on the premises of the master by his express com- 
mand. 

HOUSE SERVANTS AND OTHERS NOT IN HUSBANDRY. 

Duties of house LXVIII. The rules and regulations prescribed for master and 
servants. servant apply to persons in service as household servants, con- 

ferring the same rights and imposing the same duties, with the 
following modifications : 

LXIX. Servants and apprentices employed as house servants in 
the various duties of the household, and in all the domestic duties 
of the family, shall, at all hours of the day and night, and on all 
days of the week, promptly answer all calls and obey and execute 
all lawful orders and commands of the family in whose service 
they are employed. 

LXX. It is the duty of this class of servants to be especially 
civil and polite to their masters, their families and guests, and they 
shall receive gentle and kind treatment. 

FOR ALL SERVANTS. 

LXXI. In all contracts between master and servant for service, 
the foregoing regulations shall be stipulations, unless it shall be 
otherwise provided in the contract, and the following form shall be 
a sufficient contract, unless some special agreement be made between 
the parties : 



OF SOUTH CAROLINA. 279 

Form of Contract. ■^- ^- i^^s. 

I (name of servant) do hereby agree with (name of master) to be Form of con- 
his (here insert the words " household servant" or "servant in hus- '^^■=^'^'^- 
bandry," as the case may be,) from the date hereof, at the wages of 
(here insert the wages, to be paid by the year or month ;) and in 
consideration thereof, I (name of master) agree to receive the said 
(name of servant) as such servant, and to pay him the said wages, 
this day of 186 

A. B. 
C. D. 
Witness: E. F. 
I approve the above contract this day of 186 

G. H., (Judge of the District Court, or Magistrate.) 
After the words " servant in husbandry " may be inserted, if it 
be required, the words " to be rated as full hand, three-fourths 
hand, half hand, or one-fourth hand," as the case may be. 

MECHANICS, ARTISANS AND SHOPKEEPERS. 

LXXII. No person of color shall pursue or practice the art, CoioreJ per- 
trade or business of an artisan, mechanic or shopkeeper, or aoy cj^anic-'^^ "^^" 
other trade, employment or business (besides that of husbandry, or 
that of a servant under a contract for service or labor,) on his own 
account and for his own benefit, or in partnership with a white per- 
son, or as agent or servant of any person, until he shall have 
obtained a license therefor from the Judge of the District Court; 
which license shall be good for one year only. This license the 
Judge may grant upon petition of the applicant, and upon being 
satisfied of his skill and fitness, and of his good moral character, 
and upon payment, by the applicant, to the Clerk of the District 
Court, of one hundred dollars, if a shopkeeper or pedlar, to be paid 
annually, and ten dollars, if a mechanic, artisan, or to engage in any 
other trade, also to be paid annually : Provided, however. That upon Proviso. 
complaint being niade and proved to the District Judge of an abuse 
of such license, he shall revoke the same: And provided, also. That 
uo person of color shall practice any mechanical art or trade unless 
he shows that he has served an apprenticeship in such trade or art, 
or is now practicing such trade or art. 

LXXIII. For violation of the prohibition contained in the Sec- 
tion next preceding, the oflfender, upon conviction thereof before the 
Judge of the District Court, shall pay, for each otiense, a fine of 
double the amount of such license: one half whereof shall goto the 
informer, who shall be a competent witness. 

LXXIV. The suras paid to the Clerk for these licenses shall be Aids, 
aids, and go into the District Court Fund ; and the Clerk shall keep 
a record of all licenses issued under the order of the Judge of the 
District Court. 

EVICTION OF 'PERSONS OF COLOR. 

LXXV. Where, upon any farm or lands, there now are persons When not to 
of color, who were formerly the slaves of the owner, lessee or occu- 



280 



STATUTES AT LARGE 



Preservation 
of good order. 



A. D. 1S65. pant of the said farm or lands, who may have been there on the 
"" * ' tenth day of November, eighteen hundred and sixty-five, and have 
been on said lands for six months previous ; and who are helpless, 
either from old age, infancy, disease or other cause ; and who are 
unable, of themselves, and have no parent or other relative able to' 
maintain them, and to provide other homes or quarters, it shall not 
be lawful for the present, or any subsequent owner, lessee or occu- 
pant, before the first day of January, in the year eighteen hundred 
and sixty-seven, to evict or drive from the houses which now are, 
or hereafter shall be, lawfully occupied by such helpless persons of 
color, such helpless persons, or any of them, by rendering such 
houses uninhabitable, or by any other means ; and upon conviction 
fort-vkUo"*^'^'^ ^^ having done so, every such owner, lessee, occupant, agent or other 
person, shall be fined not exceeding fifty dollars, nor less than five 
dollars, for each such person of color so evicted, and may be im- 
prisoned, at the discretion of the Judge of the District Court, not 
exceeding one month. 

LXXVI. But the owner, lessee, or occupant of such farm or 
lands shall, nevertheless, have authority to preserve order and good 
conduct in the houses so occupied as aforesaid, and to prevent visi- 
tors and other persons from sojourning therein ; and for insolence to 
himself or his family, for theft or trespass committed by such per- 
sons of color, or any one of them, upon the premises, or for viola- 
tion by them of his regulations for the preservation of order and 
good conduct, the prevention of visitors and sojourners therein, the 
owner, lessee, or occupant, may complain to the Judge of the Dis- 
trict Court, or a Magistrate, who, upon finding the complaint well 
founded, may, according to the case, cause the immediate eviction 
of some or all of such persons of color, and their removal from the 
premises. After the period aforesaid, they may be ejected, as is 
hereinafter provided in case of intruders. 

LXXVIl. It shall be the duty of the Judge of the District 
Court, or of any Magistrate, on complaint made to him that persons 
of color have intruded into any house or upon any premises, as 
trespassers or otherwise, or that they unlawfully remain therein 
Avithout permission of the owner, on ascertaining the complaint to 
be well founded, to cause such persons to be immediately removed 
therefrom ; and in case of the return of such persons, without law- 
ful permission, the party so offending may be subjected to such fine 
and corporal punisnment as the Magistrate or District Judge may 
see proper to impose. 

LXXVIII. During the term of service, the house occupied by 
any servant is the master's ; and, on the expiration of the term of 
service, or the discharge of a servant, he shall no longer remain on 
the premises of the master; and it shall be the duty of the Judge 
of the District Court, or a jNIagistrate, on comi)laint of any person 
interested and due proof made, to cause such servant to be imme- 
diately removed from such premises. 

LXXIX. Leases of a house or land to a person of color shall be 
in writing. If there be no written lease, or the term of lease shall 
have expired, a person of color in possession shall be a tenant at 
will, and shall not be entitled to notice; and on complaint by any 
person interested to the Judge of the District Court, or a Magis- 



Tresrnss or in 
trusiou. 



Hou'e oeeu 
I'icd by ser 
vant. 



Lense? to be in 
writing. 



OF SOUTH CAROLINA. 281 

trate, such person of color shall be instantly ejected by order or ^- ^- i?65. 

warrant, unless he produce a written lease authorizing his posses- ■^ ' 

sion, or prove that such writing existed and was lost. 

LXXX. In every case the costs of eviction may be exacted, by Costs of evic- 
order or process, from the person evicted. '^'°"' 

PAUPERS. 

LXXXI. When a person of color shall be unable to earn his contributions 
support, and is likely to become a charge to the public, the father for support o.f 
and grand-fathers, mother and grand-mothers, child and grand- '"^"^"^'■*- 
child, brother and sister of such person, shall, each according to his 
ability, contribute monthly, for the support of such poor relative, 
such sum as the District Judge, or one of the Magistrates, upon 
complaint to him, shall deem necessary and proper ; and on failure 
to pay such sum, the same shall be collected by summary order or 
process. 

LXXXII. In each Judicial District, except the Judicial Dis- Title of Relief 
trict of Charleston, in which there shall be one Board for the Elec- ^'^''^'■''-^■ 
tion District of Charleston, and one for the Election District of 
Berkeley, there shall be established a Board, to be known as the 
" Board of Relief of Indigent Persons of Color," which shall consist 
of a Chairman and not Itss than three, nor more than seven other 
members, all of whom shall be Magistrates of the District, and be 
selected by the District Judge. 

LXXXIII. This Board shall meet at the Court House on the Meeting of the 
Tuesday next after the first Mon<lay in February and August in ^o-i^d. 
every year, and at other times and places, fixed by its own appoint- 
ment or the summons of its Chairman ; and it may, at its pleasure, 
appoint sub-Boards, to be composed of such of its own members 
and other Magistrates of the District as it may select. 

LXXXIV. By the Board the District shall, as soon as practica- Division of the 
ble, be divided into precincts, within each of which some Magistrate district, 
shall reside. The Board is required to keep exact minutes of all 
its proceedings, and in these shall appear the boundaries of each 
precinct as from time to time they may be arranged. 

LXXXV. A District Court Fund shall be established in each Establishment 
District, to be composed of aids paid for the. approval of contracts 9! -i Difrict 
between master and servant, and oi instruments of apprenticeship, 
and for licenses granted by the District Judge, all fines, penalties 
and forfeitures collected under order or process from the District 
Court, or a Magistrate of the District, fees for appeal from the Dis- 
trict Judge, wages of convicts, and taxes collected under the order 
of the Board of Relief of Indigent Persons of Color. 

LXXXVI. If the District Court Fund, after payment of the Insuflfieiency 
suras with which it is charged, on account of the salary of the fund!'' ^'^^'^^"^ 
Judge of the District Court, Superintendent of Convicts, Jurors 
aiid other expenses of the Court, and of convicts, shall be insuffi- 
cient to support indigent persons of color, who may be proper 
charges on the public, the Board aforesaid shall have power to 
impose for that purpose, whenever it may be required, a tax of one 
dollar on each male person of color between the ages of eighteen 
and fifty years, and fifty cents on each unmarried female person of 



282 STATUTES AT LARGE 



Provi 



A.^.im. color between the ages of eighteen and forty-five; to be collected in 
each precinct by a Magistrate thereof: Provided, That the said 
iiupc'siiion of a tax shall be approved in writing by the Judge of 
the District Court, and that his approval shall appear in the Jour- 
nals of that Court. 
t„J°l'^?^^,^3,"d^ LXXXVir. For collection of a tax imposed by the Board afore- 
by Board. said, every Magistrate of a precinct shall give ten days' public 

notice, within his precinct, of the classes of persons liable to the 
tax, the sum which is required from every person of each class, and 
of the day when payment shall be made. Every person liable to 
pay, who fails to pay on the day appointed, shall become liable to 
pay a double tax, if he shall not make to the Magistrate a satisfac- 
tory excuse; and against him the Magistrate may issue process in 
the nature of fieri facias, special attachment, and other process 
most likely to exact pavment ; any or all of which shall be executed 
by a Constable or the Sheriff. 
Persons unable LXXXVIII. It shall be the duty of every person who is occu- 

to earn a living ^ c i. ■ -^i- i p ii- 

pant or a house or premises, within seven days after public notice, 
to report, in writing and on oath, to a Magistrate of the precinct in 
which such house or premises are, the names, sexes, ages and occu- 
pations of all persons of color in the said house, or on the said 
premises, who are unable to earn a reputable livelihood for them- 
selves and families, with the cause of disability as to each one; and, 
also, in respect to each one of such persons, the name, place of 
abode, and ability, so far as may be known, of every relation who 
is, according to the provisions hereinbefore contained, bound to 
contribute to the support of such person. For every failure, without 
good excuse, to make report as herein required, an occupant of 
house or premises as aforesaid, shall be liable to a fine not exceeding 
twenty dollars, nor less than five dollars, to be paid immediately ; 
or if it should not be paid, subst'tution of other punishment to take 
place, as in other cases of fines not paid, 
inciuiries to be LXXXIX. It shall be the duty of every Magistrate to make 
made. diligent inquiry into the condition and wants of the colored jfioor 

within his precinct; to give public notice when reports from occu- 
pants as aforesaid are required ; to require such reports within a 
month next before each regular meeting of the Board of Relief of 
Indigent persons of Color, and whensoever else the said Board may 
direct; to examine such reports when made to him from them, and 
other information, to ascertain the correctness of the facts therein 
stated ; to enforce, as far as possible, the obligation of persons 
bound, as before provided, to contribute to the support of poor 
relations, and to make reports to the Board aforesaid, as hereinafter 
directed, and to the District Court, as is required by the Act to 
establish District Courts. 
Semi-annual XC. Every Magistrate shall, besides the quarterly reports which 
gistrates! ^^'^' ^® ^-^ required to make to the District Court, make, on the Monday 
next preceding the first Monday of February and August, every 
year, a semi-annual report to the Chairman of the Board aforesaid; 
which report shall clearly exhibit, for the time since his last pre- 
ceding semi-annual report, all his receipts, all his payments, all his 
commissions, the condition of the colored population within his 
precinct, the name,, sex, age, occupation and particular disability of 



OF SOUTH CAROLINA. 283 

every person of color in that population who requires assistance ^- ^ - ^^^°- 
from the public; the sum which, in his opinion, is necessary for ' ^ 
such person, and the sura required for his whole precinct. In the 
receipts the distinction shall be observed between collections and 
moneys turned over to the Magistrate by some other officer, the 
particulars and sum of each being shown. The collections shall be classification 
classified according to the sources from which they proceeded ; or, of collection. 
for instance, aids from contracts, aids from instruments of appren- 
ticeship, fines, taxes. Under taxes shall appear the name and sex 
of the person from whom each item was collected. The suras paid 
for the support of poor relations, and by, and for whom, shall be 
set forth. In the expenditures, distinctions shall be observed be- 
tween actual disbursements and sums turned over to other officers; 
and the different purposes of disbursements be arranged under 
suitable heads. Every expenditure must be accompanied by a 
proper voucher, unless it should appear that it was impracticable to 
obtain one. For any failure to make a report as herein required, a 
Magistrate shall be liable to indictment, and, upon conviction, shall 
pav a fine not exceeding fifty dollars, nor less than twenty dollars. 

XCI. The Chairman of the Board aforesaid, besides the quarterly . Report of 
reports which, by the Act to establish District Courts, he is required the Boa'id. 
to make to the District Court, shall, at each regular sitting of the 
said Board, and whensoever else he raay be required by the said 
Board, or by the District Judge, make to the Board, in respect to 
his own acts as Magistrate of a precinct, such a report as is required ■ 
from another Magistrate; lay before the Board the reports made to 
him by other Magistrates; and, also, make a full and particular 
report, in which shall be condensed the information obtained from 
the semi-annual reports of the Magistrate, so as to show the condi- 
tion and wants of the whole District and of each precinct; which 
report shall also exhibit the receipts and expenditures for the whole 
District since the report last preceding, arranged under proper 
heads, so as to show the sums received frora each source, and by 
what Magistrate, the sums disbursed for each purpose, and by what 
Magistrate, the sums turned over from one officer to another, com- 
missions, expenses and contributions for poor relations. Each report 
shall particularly specify all delinquencies of Magistrates during its chaii-man. ^ " 
period, and the names of delinquents. For. any failure to make 
report as here required, the Chairman shall be liable to indictment, 
and, upon conviction, shall pay a fine not exceeding one hundred 
dollars nor less than twenty dollars. 

XCTI. The Board of Relief of Indigent Persons of Color shall Sum for sup- 

1-1 r- xi X i.- u • J- X port of indigent 

determine the sum necessary tor the support ot each indigent per- persons. 
son of color, who shall be deemed a proper charge on the public, the 
sum required by each precinct, the sum which shall be paid to each 
Magistrate to be disbursed by him, when reports from occupants as 
aforesaid shall be required, and when a tax shall be imposed. It 
shall direct the Magistrates respectively in the performance of the 
duties required of them in reference to paupers and the District 
Court Fund, and it shall report to the District Court all delinquen- 
cies and delinquents. 

XCIII. The balance of the District Court Fund which, as pro- 
vided by the " Act to establish District Courts," shall, under the 



284 STATUTES AT LARGE 

A.D. 1865. order of the District Judge, be paid to the chairman aforesaid, shall, 

^"^ "^^ ^ under the order of the Board aforesaid, be distributed to the Magis- 
Li'=tdot 'court Urates of precincts, and be by them disbursed for the relief of indigent 
fund. persons of color, and other uses of the Board, as may be directed. 

The minutes of the Board shall show the sum assigned to each 
Magistrate, and the receipt of the Magistrate for every sum paid to 
him shall be taken by the Chairman of the Board, and shall accom- 
pany the next report of the Chairman to the Board as well as be 
exhibited in support of the Chairman's quarterly report to the Dis- 
trict Court in which such payment is set down. 

Removal. XCIV. On satisfactory information to the District Judge, or a 

Magistrate, that a person of color has removed from another Dis- 
trict, and is likely to become a charge to the District into which he 
has removed, the District Judge, or the Magistrate, shall proceed 
against such person as a vagrant, and, on conviction, he shall be 

Proviso. punished as such : Provided, however, That persons of color who 
were removed by their former masters from other Districts, within 
the last five years, shall be allowed twelve mouths to return to the 
District^) from which they were removed ; and those who have been 
separated from their families or relatives shall be allowed to re- 
turn to them within twelve months. 

VAGRANCY AND IDLENESS. 

XCV. These are public grievances, and must be punished as 
crimes. 

Pinces of abode XCVI. All persons who have not some fixed and known place 

and employ- Qf abode, and some lawful and reputable employment; those who 
have not some visible and known means of a fair, honest and re- 
putable livelihood; all common prostitutes; those who are found 
wandering from place to place, vending, bartering or peddling any 
articles or commodities, without a license from the District Judge, 
or other proper aythority ; all common gamblers; persons who lead 
idle or disorderly lives, or keep or frequent disorderly or disrepu- 
table houses or places ; those who, not haviug sufficient means of 
support, are able to work and do not work ; those who (whether or 
not they own lands, or are lessees or mechanics,) do not provide a 

Kinds of idle- reasonable and proper maintenance for themselves and families; 

"'''*^" those who are engaged in representing, publicly or privately, for fee 

or reward, without license, any tragedy, interlude, comedy, farce, 
play or other similar entertainment, exhibition of the circus, sleight- 
of-hand, wax works, or the like ; those who, for private gain, with- 
out license, give any concert or musical entertainment, of any 
description; fortune-tellers; sturdy beggars; common drunkards; 
those who hunt game of any description, or fish on the land of 
others, or frequent the premises, contrary to the will of the occu- 
pants, shall be deemed vagrants, and be liable to the punishment 
hereinafter prescribed. 
Issue of war- XCVII. Upon information, on oath, of another, or upon his own 

rant for va- knowledge, the District Judge, or a Magistrate, shall issue a war- 
rant for the arrest of any person <)f color known or believed to be 
a vagrant, within the meaning of this Act. The Magistrate may 
proceed to try, with the assistance of five freeholders, or calling to 



OF SOUTH CAROLINA. 285 

his aid another Magistrate, the two raaj' proceed to try, with the as- ^- D. 1865. 
sistance of three freeholders, as is provided by the Act of seventeen ^ 

hundred and eighty-seven, concerning vagrants ; or the Magistrate 
may commit the accused to be tried before the District Court, Ou 
conviction, the defendant shall be liable to imprisonment, and to 
hard labor, one or both, as shall be fixed by the verdict, not exceed- 
ing twelve months. 

XCVIII. The defendant, if sentenced to hard labor after con- After sentence 
victiou, may, by order of the District Judge or Magistrate, before 
whom he was convicted, be hired for such wages as can be obtained 
for his services, to any owner or lessee of a farm, for the term of 
hard labor to which he was sentenced, or be hired for the same labor 
on the streets, public roads or public buildings. The person re- 
ceiving such vagrant shall have all the rights and remedies for en- 
forcing good conduct and diligence at labor that are herein pro- 
vided in the case of master and servant. 

XCIX. These provisions concerning vagrancy shall not be con- Repeal 

1^ ,. »11 • ^ • i^thn-,- Ants 

strued to repeal any other Act or Acts in whole or in part consis- 
tent herewith. 



to hard labor. 



other Acts. 



In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-five, 

W. D. PORTER, President of the Senate. 
C. H, SIMONTON, Speaker House of Representatives. 
Approved : James L. Orb, 



AN ACT TO Amend the Law known as the " Stay Law." No. 4734. 

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 of the General Assembly entitled " An Act to ^{P^^^^g^e""*'""® 
extend relief to debtors, and prevent the sacrifice of property at 
public sales, passed the twenty-first day of December, in the year 
of our Lord one thousand eight hundred and sixty-one, and all Acts 
amending said Act, be, and the same are hereby, continued in force 
until the adjournment of the next regular session of this General 
Assembly, and that nothing herein contained shall be construed to 
apply to any cause of action arising ex delicto, nor to any process of 
distress for the collection of rent. 

II. That nothing herein contained shall be construed to apply to Case of fail- 
any causes of action which may hereafter originate; nor shall any «retopay. 
debtor be entitled to plead the benefit of this Act who shall fail, if 
demanded, at least three months previously, to pay, on or before 

the first day of December next, one tenth of the aggregate amount 
of the debt and interest due at the time such demand is made; but 
in such case, the creditor shall be at liberty to proceed to judgment 
as if this Act had not been passed, and to enter execution : Provided, Proviso. 
That no execution so obtained shall, during the continuance of this 
Act, be enforced for more than the costs and one-tenth of the aggre- 
gate amount of the debt and interest. 

III. Neither shall any debtor on final process now subsisting be Debtor on final 
entitled to the benefit of this Act who shall fail, if demanded, at 



286 STATUTES AT LARGE 

A. D. 1865. least three months previously, by the creditor, or his or her attorney, 
^ Y' to pay, on or before the first of December next, the costs and one- 

tenth part of the aggregate amount of principal and interest due 
on such process, at the time of such demand. And when such 
debtor, on demand made as aforesaid, shall fail to pay as aforesaid, 
it shall and may be lawful for such creditor to enforce such process 
for the costs and one-tenth part of the aggregate amount of princi- 
pal and interest due. 
Suspension of IV. During the continuance of this Act, the Statutes of Lim- 
Limitafions.°^ ^'^'^'^^'^ be and are suspended against the claims of all persons in 
possession of property of debtors on final process, and on which 
such process may have a lien. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-five. 

W. D. PORTER, President of the Senate. 

C. H. SIMONTON, Speaker House of Representatives. 

Approved : James L. Orr. 



No. 4735. ANACr to Provide for the Issue of Bills Receivable in" 
Paymext of Indebtedness to the State to the Amount 
OF Five Hundred Thousand Dollars. 

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

met and sitting in General Assembly, and by the authority of the 

Treasurer to same, That the Treasurer is hereby authorized and required to 

gnwed!*'^'* ^"~ cause to be prepared and engraved on steel, as soon as practi- 
cable. Bills Receivable, of the respective denominations of one, 
two, five and ten dollars, amounting in all to the sum of five 
hundred thousand dollars ; and Tax Collectors, and all other public 
officers, are hereby required to receive said bills in payment of all 
dues to the State for the amounts expressed on the face of said 
bills, without the calculation of interest thereon. 

Who signed by. II. That said bills shall be signed by the Treasurer and counter- 
signed by the Comptroller General, and the Treasurer shall be, and 
he is hereby, required to pay out said bills to all persons having 
claims against the Treasury, who shall be willing to receive the 
same in satisfaction thereof. 

-, . III. Every person making or engraving, or aiding to make or 

engrave, or passing or attempting to pass, any imitation or altera- 
tion of said bills, knowing the same to have been imitated or 
altered, and every person having in possession a plate or impression 
made in imitation of them, with the jmrpose fraudulently and 
feloniously to use the same, shall be guilty of felony without benefit 
of clergy. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-five. 

"W. D. PORTER, President of the Senate. 
C. H. SIMONTON, Speaker House of Representatives. 

Approved : James L. Orr. 



OF SOUTH CAROLINA. 287 

AN ACT TO Amend the Charter of the Greenville and a. d. is65. 

Columbia Railroad Company. ' ^ ' 

No. 4736. 
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 Greenville and Columbia Railroad 
Company be, and the same is hereby, so altered and amended as to ^harter™*^"*^ °^ 
authorize the said company to change the location of their road, 
and construct a new one, from a point at or near Frog Level, in 
Newberry District, along such route as they may select, to a con- 
nection with their present line of road, at some point near the city 
of Columbia; and for the purpose of making such change and 
constructing the said new road, the said company are hereby in- Liine of road, 
vested with all the rights, powers and privileges given and granted 
to them by their original charter, and the several amendments 
thereto. 

In the Senate House, the twenty-first day of December, in the 

year of our Lord one thousand eight hundred and sixty five. ^ 

W. D. PORTER, President of the Senate. 

C. H. SIMONTON, Speaker House of Representatives. 

Approved : James L. Orr. 



AN ACT to Incorporate the Village of Kirkwood. No. 4737. 

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 inhabitants of the Village of Kirkwood be, Name and 

and are hereby, created a body politic and corporate in law, under ^*^'®' 

the name and style of the village of Kirkwood, with like powers 

and privileges conferred upon 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." 

II. That the boundaries of said territory shall be as follows : All Boundaries 
that territory lying north of Boundary street of the town of Cam- ''^"** location. 
den ; east of Mill street down to DeKalb street; north of DeKalb 

street to eastern margin of Pine-Tree Creek Swamp ; west of the 
eastern margin of Piue-Tree Creek Swamp to the crossing of 
McRae's Bridge, including all the houses and settlements on the 
east side of Pine-Tree Creek of the DeKalb Factory, now the 
property of F. L. Zemp; south of a line drawn due west from said 
bridge to its intersection with Wyley street, of Camden, protracted 
noithward ; and east of said protracted street to Boundary street. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-five. 

W. D.' PORTER, President of the Senate. 

C. H. SIMONTOl>f, Speaker House of Representatives. 

Approved : James L. Orr. 



Streams not 
naviga 



288 STATUTES AT LARGE 

A. D. 1865. AN ACT TO Declare Certain Streams not Navigable. 

No. 4738. 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 streams are declared to be not navigable 
bie.° """^ as public streams, to wit: " Berresford Creek,' "Cook's Creek," 
" Veuuing's Creek," " Gibson's Creek," and " Clowter's Creek," 
and "Daniel's Island Creek," beyond the point of land known as 
Proviso. the "Clement's Ferry Landing:" Provided, That nothing herein 
contained shall restrict the parties through whose lauds said 
streams run from using them as navigable streams. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-five. 

W. D. PORTER, President of the Senate. 

C. H. SIMONTON, Speaker House of Representatives. 

♦ Approved: James L. Orr. 



No. 4739. AN -^CIT TO Amend the License 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 
same, That the City Council of Charleston, the various municipal 

^rant°Vicen=es° Corporations and Boards of Commissioners of Roads, and all other 
persons or bodies corporate, in whom the right to grant tavern 
licenses, or licenses to retail spirituous liquors, is now vested, be, 
and the same are hereby, authorized to fix the price of such licenses 
at such sum as to them may seem proper: Provided, That the same 
shall not be less than fifty dollars for each license. 
Vioi.ition of II. That any person who shall violate the license- law of this 

License Law. g^^te, upon conviction thereof, shall be fiued in a sum not less than 
treble the amount of the price of a license prescribed, and, at the 
time of the commission of the offense, existing for the local jurisdic- 
tion wherein such offense is committed, and shall be imprisoned at 
the discretiou of the Court. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty -five. 

W. D. PORTER, President of the Senate. 

C. H. SIMONTON, Speaker House of Representatives. 

Approved : James L. Orr. 



OF SOUTH CAKOLINA. 289 

AN ACT TO Authorize Farmers and Planters to Give their A- '^- ^^65. 
Books in Evidence in Certain Cases. ^-""v-*-^ 

No. 4740. 
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, books of original Books to be 
entry kept by farmers and planters relating to the transactions of evidence.'^ 
their farms or plantations shall be receivable in evidence in all trials 
in which the business or transactions of their farms or plantations 
shall be called in question, as between the farmer or planter and his 
employees, in the same manner as books of merchants and shop- 
keepers now are. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-five. 

W. D. PORTER, President of the Senate. 

C. H. SIMONTON, Speaker House of Representatives. 

Approved : James L. Orr. 



in Governor. 



AN ACT to Establish Regulations for the Purpose of Pre- No. 4741. 

VENTING the SpREAD OF ASIATIC ChOLERA IN 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 full power and authority is hereby given to the Gover- Power vested 
nor of this State, by his proclamation, to make such regulations as, 
in his opinion, may be necessary in order to prevent the entrance of 
Asiatic Cholera into this State, and to prevent the spreading of such 
disease in this State. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-five. 

W. D. PORTER, President of the Senate. 

C. H. SIMONTON, Speaker House of Representatives. 

Approved: James L. Orr. 



AN ACT TO Incorporate the Rose Mill Manufacturing No. 4742. 

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 James C. W. McDonald, A. DeCaradeuc and E. J. C. 
Wood, and their associates and successors, are hereby made and 
created a body politic and corporate in law, by the name and title Title. 
of the Rose Mill Manufacturing Company, for the purpose of manu- 
VoL. 13—19 



290 



STATUTES AT LARGE 



A. D. 1865. 



Capital stock. 
Powers given. 



Proviso. 
OfiBcers. 



Stock to be 
called in. 



Failure to 



Proviso. 



Certificate of 
stock. 



Increase of 
caintal. 



facturing cotton and wool, and other manufactures incidentally con- 
nected 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 hundred dollars each, a capital stock of fifty thousand 
dollars.. 

II. That the said corporation may purchase and hold such real 
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 corpo- 
ration, and may dispose of the same; and may sue and be sued iu 
all Courts of law and equity ; may have and use a common seal, 
and make such by-laws tor their regulation and government as they 
may see proper : Provided, They are not inconsistent with the laws 
of the land, 

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. 

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 in 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 eighteen hundred and sixty-nine. And an oath or afiirmatiou 
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 two of the Charleston newspapers. 
And if any stockholder shall fail to pay the amount required, at 
the time and place designated, 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 pay- 
ment 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 publication of such notice, all the money paid 
in on the shares of such stockholder or stockholders is hereby de^ 
clared forfeited to the said com])any : Provided, That in every case 
where such default is occasioned by the death of the stockholder, 
the legal representative or representatives of such stockholder may 
redeem such stock, at any time within one year from such default, 
by paying up the principal and all interest due thereon. 

V. The stockholders of said company shall hold certificates of 
their stock, signed by the President and Secretary, which c-Ttificate 
shall be assignable and transferred in such manner and form as may 
be directed by the said by-laws of said company. 

VI. The said company may, at any time, increase its capital stock 



OF SOUTH CAROLINA. 291 

to an araouutnot exceeding two hundred thousand dollars, for the ^- ^- i*'5. 

purpose of carrying on its operations, .by opening subscriptions for "^^v ' 

new stock. 

VII. That the capital stock shall be deemed personal estate, and ^ • , 

be transferable upon the books of the said corporation ; and no as pwL^naf '^e's- 
part of the said capital stock shall, at any time, or upon any ^''^''^• 
pretense whatever, be loaned to or divided amongst the stockholders ; 
neither shall the capital be withdrawn or divided among the stock- 
holders, until all the liabilities of the company are lawfully paid ; 
and no dividends shall be declared, except from the uett 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- statement of 
annually, a written statement, under oath or affirmation of the Directors. 
Treasurer of the corporation, setting forth the amount of capital 

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

X. The members of the said corporation shall be liable, jointly Liability of 
and severally, for all debts and contracts made by the said corpo- '"embers, 
ration, until the whole amount of the capital stock, which may be 
.subscribed, shall have been actually paid in; and no note or obli- 
gation 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 obli- 
gations shall have been actually paid in. 

XI. This Act shall be taken and deemed to be a public Act, Public Act. 
shall be and continue of force for the term of forty years, and shall 

Dot be so construed as to confer any exclusive privileges. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-five. 

W. D. PORTER, President of the Senate. 

C. H. SIMONTON, Speaker House of Representatives. 

Approved : James L. Orr, 



AN ACT TO Postpone the Lien of the State on the Green- No. 4743. 
viLLE and Columbia Railroad. 

Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembl}^ and by the authority of the 
same. That the Greenville and Columbia Railroad Company, for Postpone- 
the purpose of re-locating and constructing such portions of their mentotiien. 
road between Frog Level, in Newberry District, and the city of Co- 
lumbia, as they may deem necessary, be, and are hereby, authorized 
to create lien, by mortgage or otherwise, on their " estate, property 



292 STATUTES AT LARGE 

A. D. I86n. anc^ funds," for a sura not exceeding four hundred thousand dollars, 
"^■""v—— ' which shall postpone and have priority over any lieu in favor of 
Proviso. the State : Provided, That the holders of the unendorsed bonds of 
said company, and the judgment creditors of said company, con- 
sent and agree, in writing, that their bonds and judgments be post- 
poned and become a third lieu on said road. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-five. 

W. D. PORTER, President of the Senate. 

C. H. SIMON TON, Speaker House of Representatives. 

Approved : James L. Orr. 



Bonds and 
coupons. 



No. 4744. AN ACT for the Relief of the Spartanburg axd Union 

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 Spartanbuig and Union Railroad be authorized 

borrow.'^"^''^^^ *° ^^^ empowered to borrow or raise the sum of six hundred thou- 
sand dollars, to be used in the extension, building and procuring 
the proper outfit of said road to the city of Columbia, South Caro- 
lina. 

II. That for this purpose the said company is hereby authorized 
and empowered to issue bonds to the amount of six hundred thou- 
sand dollars, payable twenty years after the date thereof, with cou- 
pons attached, payable semi-annually. These bonds shall have a 
priority of lieu over all other liens, bonds, mortgages, judgments 
and debts on the whole road when finished to Columbia, South 
Carolina, including its outfit and real estate. 

Lien post- ^^^- '^^^^ the present lieu of the State of South Carolina on said 
pontmerit of. road be postponed, and become a second lien ; which said second 
lien shall extend and cover the whole road, its outfit and real 
estate, when completed to Columbia, South Carolina. 
Amendment IV. That the first Section of an Act entitled " An Act to au- 
tooriginiiiAct. thorize the formation of the Spartanburg and Union Railroad Com- 
pany," ratified the seventeenth day of December, Anno Domini one 
thousand eight hundred and iorty-seven, be so amended as to au- 
thorize said company to change the present location of their road, 
by diverging therefrom at any point which may be agreed on by 
Location of thera, Oil the eastern side of Broad River, and running through 
'•■«i.i parts of the Districts of Fairfield and Richland, to or near the city 

of Columbia, with all the privileges and rights of way, and subject 
to all the disabilities as are contained in the charter aforesaid : 
Provided, This shall not impair any rights conferred by the original 
charter. 



OF SOUTH CAROLINA. 293 

V.Trtiis Act shall uot take effect unless the holders of the unen- -^- ^- 1^''"'- 

dorsed bonds of said company, and the judgment creditors of said '^^^'"^^ 

company, first consent and agree, in writing, Uiat their bonds and Conditions. 
judgments be postponed, and become a third lien on said road. 

In the Senate House, the twenty -first day of December, in the 
. year of our Lord one thousand eight hundred and sixty-five. 

\V. D. PORTER, President of the Senate. 

C. H. SIMONTON, Speaker House of Representatives. 

Approved : James L. Orr. 



AN ACT TO Authorize the Sale of the Columbia Canal. INo. 47-i5. 

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

the same, That His Excellency the Governor, the Lieutenant Gov- Certain per- 
eruor, and the Mayor of the city of Columbia, are herebyconsti- |on^s a comnns- 
tuted a commission to sell and convey the right, title and interest 
of the State in the Columbia Canal, and in all the lands, privileges 
and appurtenances owned by the State, thereunto belonging or 
appertaining, subject to the following conditions, (in^ addition to 
such other conditions as the said Commissioners, in their discretion, 
may impose, which conditions shall be published in the advertise- 
ment,) to wit : That the purchaser or purchasers, his or their 
heirs, assigns or successors, shall, within two years from the date of 
conveyance, complete the widening and deepening of said canal 
to at least twice its original capacity ; that the same shall always ' 
be kept open and in proper order for boating purposes (free of 
charges for toll or otherwise) as far as the same is now used ; that Condition of 
the water of said canal shall not be allowed to become stagnant ; ^'^^''• 
'that the same shall not be used for other than hydraulic purposes, 
and that the title to the canal shall revert to the State on default 
being made in any of the conditions so imposed. 

II. That for the purpose of enabling the purchaser to widen said Land to be 
canal, he be authorized to- use the land for a space of sixty feet on "®^ " 
either side of the centre line of the present canal, on payment to 

the owner thereof of such suras as may be assessed by Commission- 
ers for that purpose, to be appointed by the Court of Common 
Pleas for Richland District; the proceeding of the Commissioners 
so appointed to be governed in all respects according to the provi- Governed by. 
sions of the tenth Section of an Act entitled " An Act to authorize 
the formation of the Greenville and Columbia Railroad Company," 
ratified the fifteenth day of December, one thousand eight hundred, 
and forty-five. 

III. That for the purpose of securing to the State the highest _ To be adver- 
price for the property proposed to be sold, and to enable all to com- *^^^ • ^^ "■®" 
pete for the purchase thereof, the said Commission shall cause the 

same to be advertised in at least one paper in New York, Richmond 
and Charleston, for two months previous to closing the contract. 



294 STATUTES AT LARGE 

A. D. I?fi5. The said advertisement shall set forth fully the nature, value, iua- 
' ^ portance and extent of the property to be sold, and invite bids for 

the same; the cost of such advertisement to be paid by check of 
His Excellency the Governor on the Treasurer ; which check shall 
be paid by said Treasurer out of the public fund. And the said 
Commission shall accept the bid which, in their judgment, shall be 
most advantageous to the State. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-five. 

W. D. PORTER, President of the Senate. 

C. H. SIMONTON, Speaker House of Representatives. 

Approved : James L. Orr. 



Ko. 4746. AN ACT to Amend and Renew the Charter of the Calhoun 
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 Calhoun Insurance Company, of Charleston, are 

stock ^^'^'*'° ^^ hereby authorized to divide the capital stock of the said company 
into sixteen thousand shares, of twelve dollars and fifty cents each. 
One-half of the said capital stock shall be assigned by the Directors 
of the said company to the present owners of the said stock, in pro- 
portion to the number of shares held by each ; and the said stock- 
holders shall be credited rateably on the said shares, with the pres- 
ent actual market value of the assets and property of the said com- 
pany, over and above the liabilities of the said company ; and they 
shall pay, upon eacli share held by them respectively, at suo'h' times 
and in such manner as the said Directors may determine, an amount 
sufficient to make up, with the said assets and property, the aggre-' 
gate sum of one hundred thousand dollars. The remaining eight 
thousand s!)ares of the capital stock shall be disposed of by the said 
Directors at public auction, after giving at least two days' notice by 
advertisement in two daily papers, in the city of Charleston, of the 
time and place of the said sale. And a cash payment of five dol- 
lars on each of the said shares shall be made in the stocks, bonds or 
Treasury notes of the United States, or in other good and valuable 
securities, to be estimated at their market value by the said Direc- 
tors, and the balance shall be paid at such times and in such man- 
Proviso, ner as the said Directors may determine: Provided, That each of 
the present stockholders shall be entitled to purchase, at their par 
value, as many of the new shares as he shall then own old shares, 
on condition that he apply tiierefor on or before a day to be fixed 
by the said Directors, and shall conform, in all respects, to the terms 
prescribed for the purchases made at the said sale. 

II. That one third of the capital of the said company shall be 
paid in, and satisfactory proof thereof be turnished to the Comp- 
troller General, before the said company shall be authorized to com- 



OF SOUTH CAROLINA. 295 

mence business, and the whole of the said capital shall be paid A^D- 1865. 
within one year from that time. ^ 

III. That so much of the Act to incorporate the Calhoun Insur- Renewal of 
ance Company, of Charleston, passed on the twenty-first day of Act. 
December, one thousand eight hundred and sixty-one, as is not in- 
consistent with this Act, be", and the same is hereby, renewed and 
made of force, with this Act, for twenty years. 

In the Senate House, the nineteenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-five. 

W. D. PORTER, President of the Senate. 

C. H. SIMONTON, Speaker House of Representatives. 

Approved : James L. Oer. 



AN ACT TO Amend an Act entitled " An Act to Alter the No. 4747. 
Law in Relation to Last Wills and Testaments, and for 
other Purposes," Ratified the Tw^enty-First Day of De- 
cember, in the Year of Our Lord One Thousand Eight 
Hundred and Fifty-Eight. 

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 no subscribing witness to any will, testament or ^ Witness not 
codicil, shall hereafter be held incompetent to attest or prove the b"ecauT*orin- 
same by reason of any devise, legacy or bequest therein in favor of terest. 
such witness, or the husband or wife of such witness, or by reason 
of any appointment therein of such witness, or the husband or wife 
of such witness, to any office, trust or duty, and such devise, legacy 
or bequest shall be, and the same is hereby, declared valid and 
eflfectual, if otherwise so, except so far as the property, estate or in- 
terest so devised or bequeathed shall exceed in value any property, 
estate or interest to which such witness, or the husband or wife of 
such witness, would be entitled, upon the failure to establish such 
will, testament or codicil ; but to the extent of such excess, the said 
devise, legacy or bequest shall be null and void ; and such appoint- 
ment shall be valid, if otherwise so ; but the person or persons so 
appointed shall not, in such case, be entitled by law to take or re- 
ceive any commissions, or other compensation, on account thereof. 

II. That the second Section of an Act entitled " An Act to alter 
the law in relation to last wills and testaments, and for other pur- 
poses," ratified the twenty-first day of December, in the year of our 
Lord oue thousand eight hundred and fifty-eight, be, and the same 
is hereby, repealed. 

III. That the third Section of the said Act be amended so as to Amendment. 
read as follows, viz: That hereafter the probate, in due form of law, 

by and before the proper Ordinary, of any last will and testament, 
whether the same be of real property exclusively, or of real and 
personal property mixed, shall be good, sufficient and effectual in 
law, in the same manner and to the same extent as if the said last 



296 STATUTES AT LARGE 

A. D. 1865. -v^^ill and testament were exclusively of personal estate ; and no de- 
^^ vise of real estate shall be admitted as evidence in any cause until 

after probate before the Ordinary, either in common form, or in due 
form of law. 

IV. That all Acts and parts of Acts inconsistent herewith be, 
and the same are hereby, repealed. 

In the Senate House, the nineteenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-five. 

AV. D. PORTER, President of the Senate. 

C. H. SIMONTON, Speaker House of Representatives. 

Approved : James L. Orr. 



No. 4748. AN ACT to Establish the University of South Carolina. 

Preiimbie. "Whereas the proper education of youth is a matter of vital 

importance to this State in its present condition, and ought to be 
the special object of Legislative attention ; and whereas the con- 
version of the South Carolina College into an University will meet 
its great demand, and will foster all the elements which have here- 
tofore contributed to its intellectual and moral power, and will 
preserve its unity and glory : 

I. Be it, therefore, enacted by the Senate and House of Represen- 
tatives, now met and sitting in General Assembly, and by the 
authority of the same, That the corporation heretofore created by 
an Act entitled " An Act to establish a College at Columbia," 
ratified the nineteenth day of December, in the year of our Lord 
one thousand eight hundred and one, shall hereafter be known by 
the name of the University of South Carolina, and as such, shall 
Title, rights be entitled to all the rights and be liable to all the duties conferred 

and duties. ^j. imposed upon the said original corporation by the said Act, and 
all amendments thereto, except where the same shall be modified 
by the provisions of this Act. 
Arrange- ^^- That the Board of Trustees of the LTniversity of South 

inent of de- Carolina shall, as soon as practicable after the ratification of this 

partmen s. j^^^^ establish schools and provide for competent Professors in the 
following departments, to wit : First, a School of Ancient 
Languages and Literature; second, a School of Modern Languages 
and Literature; third, a School of History, Political Philosophy, 
and Economy; fourth, a School of Rhetoric, Criticism, Elocution 
and English Language and Literature ; fifth, a School of Mental 
and Moral Philosophy, Sacred Literature and Evidences of 
Christianity ; sixth, a School of INIathematics, Civil and Military 
Engineering and Construction ; seventh, a School of Natural and 
Mechanical Philosophy and Astronomy ; eighth, a School of 
Chemistr}"-, Pharmacy, Mineralogy and Geology. 
One Professor ^^^- '^he Board of Trustees shall take care that one of the 

a minister. Professors thereinbefore provided for shall be a JMinister of the 
Gospel, who shall also be charged with the duties of Chaplain to 



OF SOUTH CAROLINA. 297 

the said University, under such regulations and with such ^- ^- 1865. 
additional salary as may be fixed by the said Board, *-— v-^-' 

IV. That no student shall matriculate until he shall have Age for ma- 
attaiued the age of fifteen years, and shall agree to enter at least t"euiation. 
three of the schools provided for by this Act : Provided, however. 

That in special cases the Chairman of the Faculty may, at his 

discretion, permit any applicant to take less than three schools. 

The fees to be paid by each student shall be as follows : If the 

student enters three schools or more, for each school he shall pay Fees paid by 

twenty-five dollars per annum ; if the student enters two schools students.' 

only, for. each school thirty- five dollars per annum ; if the student 

enters only one school, fifty dollars per annum. The compensation 

for room rent, use of Library, and such damages to the property of 

the corporation as m^y be done by each student, shall be regulated 

by the Board of Trustees. 

V. The Board of Trustees may, if it is deemed proper, give a Professor of 
license to one or more persons learned in the Law, and one or more LawandMedi- 
Professors of Medicine, to give instruction in their respective pro- 
fessions in the said University, and assign to them, or any of them, 

a Lecture room or Lecture rooms, in which, at times, and under 

terms and conditions, and with tuition fees prescribed by the said 

Board, they may respectively form classes and deliver instructions 

in their respective professions ; and the same license may, if 

deemed proper by the said Board, be given to a person or persons 

qualified to instruct in any mechanical or practical pursuit. None purs^u;''^'"''^^ 

of the branches of instruction provided for in this Section shall be 

considered as schools, or included in the number necessary to be 

taken by any person before matriculation, 

VI. Each Professor hereinbefore provided for shall be allowed House and 
to occupy a house belonging to the corporation, free of rent, and be ^ 

entitled to receive a salary of one thousand dollars, to be paid 
quarterly, in advance, by the Treasurer of the State, and shall also 
be entitled to receive such tuition fees as may be paid by the 
students entering the school at the head of which such Professor 
may be. 

VII. The Board of Trustees shall appoint a Librarian, who Librarian. 
shall act as Treasurer of the corporation and Secretary to the 
Faculty, and perform such other duties and receive such salary as 

the Board of Trustees may prescribe. 

VIII. The various Professors appointed to give instruction in Faculty. 
the various schools provided for in this Act shall constitute a 
Board, to be called the Faculty of the University of South Caro- 
lina, one of whom shall be chosen by the Board of Trustees as Chair- 
man of the said Faculty, who shall perform the duties heretofore 
imposed upon the President of the South Carolina College, except 

where the same has been altered or modified by this Act. 

IX. That nine members of the Board of' Trustees, at any stated o„orn,T. 
or occasional meeting thereof, shall constitute a quorum for the 
transaction of any business which is entrusted to the said Board ; 

and in case of the absence of the President of the Board at any 
meeting, the majority of those present, provided there be a quorum, 
may proceed to elect a President pro tempore. 

X. That the Members of the General Assembly from each 



298 STATUTES AT LARGE 

A.D. 1S65. Election District in this State, or a majority of them, are hereby 

^^ V * authorized and empowered, from time to time, to select one youth 

from each of their respective Districts, who shall be received into 
this University, and be allowed to matriculate in this Institution, 
and enter any three of the schools provided for in this Act which 
may be selected by him, without any charge for tuition, room rent, 

Free tuition, or use of the Library ; and each Professor hereinbefore provided 
for shall be elected upon condition that he will give gratuitous 
instruction in his school to such of the said youths as may enter 

Proviso. his school : Provided, however, That no person receiving the 
benefit of this Section shall be exempt from any charge which may 
be made for damages done by him to the property of the corpora- 
tion. 

Bursar. -^I- That the Board of Trustees may, if deemed advisable, elect 

a Bursar, who shall hold his office upon such terms and conditions, 
» perform such duties, and be entitled to receive such salary or com- 

pensation as the said Board may prescribe. 

In the Senate House, the nineteenth day of December, in the 
year of our Lord one thousand eight hundred and sixty-five. 

W. D. PORTER, President of the Senate. 

C. H. SIMONTON, Speaker House of Representatives. 

Approved : James L. Orr. 



No. 4749. AN ACT to Amend the Charter of the Edisto and Ashley 

Canal 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 second Section of an Act entitled " An Act to in- 
capitafstock."^ corporate the Edisto and Ashley Canal Company," ratified on the 
sixth day of February, in the year of our Lord one thousand eight 
hundred and sixty-three, be, and the same is hereby, so altered and 
amended that the stockholders shall be authorized and empowered 
to increase the capital stock of the said company to any extent, 
not exceeding three thousand shares, of one hundred dollars each, 
which they may deem desirable and proper. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-five. 

\V. D. PORTER, President of the Senate. 

C. H. SIMONTON, Speaker House of Representatives. 

Approved : James L. Orr. 



OF SOUTH CAEOLINA. 299 

AN ACT TO Incorporate tpie Charleston Hook and Ladder ^- ^- '^^^''^• 
Company, Number One. v— — v^.— ' 

No. 4750. 

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 George A, Hilton, Joseph A, Morgan, George W. Crane Name and 

and A. H Barber, and their associates and successors, be, and they 

are hereby, constituted a body politic and corporate, by the name 

and style of the "Charleston Hook and Ladder Company, Number 

One," with all the rights and privileges conferred by law upon 

other hook and ladder companies of this State. 

II. That said company shall consist of not more than forty mem- Limit of mem- 
bers ; and whenever reduced to the number of fifteen, all its pro- '^*^'®* 
perty, real and personal, shall revert to the city of Charleston. 

III. Tills Act shall be deemed a public Act, and shall continue 
in force for fourteen years. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-five. 

W. D. PORTER, President of the Senate. 

C. H. SIMONTON, Speaker House of Representatives. 

Approved : James L. Orr. 



AN ACT TO Amend an Act entitled "An Act in Relation No, 4751. 
to the Southern Express Company, and to Provide Addi- 
tional Remedies for the Default of Common Carriers." 

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 provisions of the first and second Sections of 

an Act entitled "An Act in relation to the Southern Express Cora- nfius!"''"" "^ 
pany, and to provide additional remedies for the default of common 
carriers," ratified, on the seventeenth day of December, in the year 
of our Lord one thousand eight hundred and sixty-three, be, and 
the same are hereby, extended to all unincorporated associations of 
individuals and all incorporated companies. 

II. That all such unincorporated associations may be sued and May be sued, 
proceeded against, at law or in equity, under the name and style by 

which tiiey are usually known, without naming the individual mem- 
bers of the association. 

In the Senate House, the twenty-first day of December, in the 
year of our Lord one thousand eight hundred and sixty-five. 

W. D. PORTER, President of the Senate. 

C. H. SIMONTON, Speaker House of Representatives. 

Approved: James L. Orr. < 



300 STATUTES AT LARGE 

A. D. 1865. j^'^ ACT TO Provide for the Re-organization of the Militia. 

No. 4752. Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the au thority of the same, 
as follows : 
Commander- I. The Governor shall be the Commander in Chief of the array 
and navy of the State, and of its militia, except when called into 
the actual service of the United States. 
Aids-de-Camp. H- lu addition to his staff, prescribed by law, he may appoint 
and commission ten Aides-deCamp, to rank as Lieutenant Colonels, 
and to be removable at pleasure. 
Power to ns- jjj^ jjg jj^^^y assemble the militia, or any portion thereof, at such 

sembletae, „ ,•' ' ■'i ' 

militia. place ot rendezvous as he may deem nt. 

IV. He and his suite, with their servants, horses and carriages, 
fronffoiL^'''*"^ when traveling on official business, shall be exempt from the pay- 
ment of toll of all chartered bridges, ferries and turnpike roads of 
the State. 

V. The State of South Carolina shall be organized into five mili- 
Org.inizntion tary divisions, ten brigades and forty-six regiments of infantry. 

?f the iniiitia Each division shall consist of two brigades of infantry (besides 
brigades and cavalry). The first division shall consist of the Judicial Districts 
regiments. qj-- Greenville, Pickens, Anderson, Abbeville and Edgefield ; and 
the first, second, third, fourth, fifth and forty-second regiments of 
infantry shall constitute the iirst brigade of infantry ; and the sixth, 
seventh, eighth, ninth and tenth regiments of infantry the second 
brigade. The second division shall consist of the Judicial Districts 
of Barnwell, Lexington, (except the Dutch Fork, between the 
Broad and Saluda Rivers,) Orangeburg, Colleton, Charleston and 
Beaufort; and the eleventh, twelfth, thirteenth, fourteenth, fifteenth 
and forty-third regiments of infantry shall constitute the third 
brigade ; and the sixteenth, seventeenth, eighteenth and nineteenth 
regiments of infantry, the regiment of rifles, and the first regiment 
of artillery, the fourth brigade. Tiie third division shall consist of 
the Judicial Districts of Sumter, Clarendon, Richland, Kershaw, 
Lancaster, Fairfield and Chester ; and the twentieth, twenty-first, 
twenty-second, twenty-third and forty-fourth regiments of infantry 
shall constitute the fifth brigade ; and the twenty-fourth, twenty- 
fifth, twenty-sixth and twenty-seventh regiments of infantry, the 
sixth brigade. The fourth division shall consist of the Judicial 
Districts of Chesterfield, Darlington, Marlboro, Marion, Williams- 
burg, Horry and Georgetown ; and the twenty-eighth; twenty-ninth 
and thirtieth regiments of infantry shall constitute the seventh 
brigade ; and the thirty-first, thirty-second and thirty-third regi- 
ments of infantry, the eighth brigade. The fifth division shall con- 
sist of the Judicial Districts of York, Union, Spartanburg, Laurens, 
Newberry, and that part of Lexington known as the Dutch Fork, 
between Broad and Saluda Rivers ; and the thirty-fourth, thirty- 
fifth, thirty-sixth, thirty -seventh and forty-sixth regiments of in- 
fantry shall constitute the ninth brigade ; and the thirty-eighth, 
thirty-ninth, fortieth, forty-first and forty-fifth regiments of infantry, 
the tenth t>rigade. 
Boundaries, VL The boundaries, numbers and rank of the beats, battalions 
^'^°" and regiments shall remain as at present established. 



OF SOUTH CAROLINA. 301 

VII. The divisions, brigades and regiments shall take rank _ac- ^- D. isfis. 

cording to their numbers, viz: The lowest in number shall be *"" — v ' 

highest in rank ; and officers of the division, brigade or regiment Divisions 
lowest in number shall take rank of others of similur grade and brigades and 
date of commission of a division, brigade or regiment liigher in take™rank ac- 
number ; and officers of equal grade and date of commission in the cording to 
same regiments shall determine their rank in the regiment by lot, 

in the ))resence of the officer commanding it. 

VIII. The Brigadier General, to whom representations shall be Brigadier 
made of gross inequality or manifest inconvenience of boundary. General to ap- 
between any two or more adjoining beats, battalions or regiments oommis'sion- " 
in his brigade, shall appoint a Board of Commissioners, consisting s""®- 

of not less than live persons from each of the beats, battalions or 
regiments liable to be effected by the decision, whose duty it shall 
be to examine fully the complaints or representations so made, and 
to make a decision, either in favor of the existing or such new 
boundaries as to them shall seem proper, which, when approved and 
announced in orders by the Brigadier General, shall be conclusive. 

IX. Each regiment, battalion and company shall have a pl^ce of Place of ren- 
rendezvous, and no regiment rendezvous shall be changed, except dezvous. 

by the concurrence of all the field officers of the regiment. No 
battalion rendezvous shall be changed, except by the concurrence 
of the Lieutenant Colonel, or Major, and all the Captains command- 
ing companies of such battalion, with the approval of the Colonel 
commanding the regiment to which such battalion belongs; and no 
company rendezvous shall be changed, except by the concurrence of 
at least three-fourths of all the persons in such company liable to 
perform ordinary militia duty, and with the approval of the Lieu- 
tenant Colonel or Major commanding the battalion to which such 
company blongs; but nothing herein contained shall be construed 
to prevent the Commander-in-Chief, or Major General, or Brigadier 
General from assembling any portion of the militia at such place as 
either of them may deem proper. 

OFFICERS AND THEIR DUTIES. 

X. There shall be to the militia of this State one Adjutant and officers and 
Inspector General, with the rank of Brigadier General. He shall their duties. 
be elected by joint ballot of both branches of the Legislature, to 

continue in office for four years from the date of his commission. 
He shall be perpetually re-eligible, and shall take rank from the 
date of his first commission, so long as he continues to be consecu- 
tively elected. There shall be one Quartermaster General, with the 
rank of Colonel ; one Judge Advocate General, one Commissary 
General of Purchases, one Commissary General of Issues, and one 
Physician and Surgeon General, with the ranks, respectively, of 
Lieutenant Colonel ; and one Apothecary General, with the rank of 
Major; who shall be apf)ointed and commissioned by the Com- 
mander-in-Chief, The above officers, with the Aids, shall constitute 
the staff of the Commanrier-in-Chief. 

XI. There shall be to each division one Major-General, with the e. «■ 
following stafl^, viz: One Division Adjutant and Inspector General, to' each° dh-i! 
with the rank of Colonel; one Division Quartermaster General, *'°"' 



302 STATUTES AT LARGE 

A. D. is<>5. aud three Aids de-Carap, with ranks of Major, respectively, who 
^■"""v^^ slia'll be appointed b)', aud receive their commissions from, the 
Major-General, subject (except his Aids-de-Camp) to the approval 
of the Governor. 
Staff of&cers XIL There shall be to each brigade one Brigadier -General, with 
to each bri- the following Staff, viz: One Brigade Adjutant and Inspector Gen- 
^'^ ^' eral, with the rank of Major; one Brigade Quartermaster Gen- 

eral, and two Aids-de-Camp, with the rank of ( aptain, resj)ectively, 
and one Brigade Chaplain, who shall be appointed by, and those 
entitled to receive commissions shall receive them from, the Briga- 
dier General, subject (except his Aids-de-Camp) to the approval of 
the Major General. 
Staff officers XIII. There shall be to each regiment one Colonel, one Lieuten- 
to e.ich rugi- ant Coiouel, one Major, and the following staff, viz: One Adjutant, 
^^^^- one Quartermaster, and one Assistant Surgeon, each with the rank 

of First Lieutenant; one Surgeon, with the rank of Captain ; one 
Sergeant Major, one Quartermaster Sergeant, one Chaplain, and 
two Chief Musicians ; the regimental staff shall be appointed by, 
and those entitled to commissions shall receive them from, the 
Colonel of the regiment, the commissioned staff subject to the 
approval of the Brigadier General. 
Officers of XIV. There shall be to each company one Captain, one First 
companies. Lieutenant, two Second Lieutenants, five Sergeants, six Corporals, 
two Musicians, and one Clerk ; the non-commissioned officers, 
Musicians aud Clerk shall be appointed by the Captain or com- 
mander of the company. 

XV, All officers entitled to military rank shall be commissioned 
and (except the Adjutant and Inspector Generals and the Aids-de- 
Camp of the Commander-in-Chief, of the Major Generals, and of the 
Brigadier Generals) shall hold their offices during pleasure ; and 
no officer shall be deprived of his commission except by Act of 
General Assembly, or by sentence of a Court Martial. The Aids- 
de-Camp above mentioned, and all other persons attached to the 
division, brigade or regimental staff, not entitled to military rank, 
shall be removable from office at the pleasure of the officer making 
the appointment, and their appointments shall terminate whenever 
the commission of the officer making the appointment shall be 
vacated. 
Command in XVI. No officer of the Quartermaster General's or Physician 
the line, offi- and Surgeon General's department shall be entitled to, or "shall 
CouncUs,*ete. '^' exercise any military command in the line; but such officers may 
be appointed on Boards, Councils and Courts Martial, and shall 
take their seats at the same according to the rank assigned them by 
this Act, and shall discharge the duties of such appointment. 

XVII. Every commissioned officer shall, before he enters upon 
the duties of his office, aud within sixty days after his election or 
appointment, take aud subscribe the following oath or affirmation, 
J^;''*!) '5'" affir- to-wit : " I do swear (or affirm) that I am duly qualified, according 
to the Constitution of this State, to exercise the office to which I 
have been appointed ; and that I will, to the best of my ability, dis- 
charge the duties thereof, and preserve, protect and defend the Con- 
stitution of this State, and that of the United States: So help me 
God." And any officer who shall neglect or refuse to take it 



Term of office. 



matiun. 



OF SOUTH CAROLINA. 303 

within the time prescribed shall forfeit his commission, and shall be ^- ^- isi^^. 
considered as having refused to accept such office, and shall be lia- ^-^v""' 
ble to the penalties for such refusal to accept. 

XVIII. Every officer authorized to issue a commission to any AVho shall ad- 
person elected or appointed to any office in the militia is hereby mi"ister the 
authorized to administer the oath of office to such person, and shall, 

before delivering a commission to any person, either administer the 
oath to such person, or shall receive from such person the oath duly 
sworn to and subscribed before some person authorized to administer 
an oath; and, in either case, shall endorse and certify the same 
upon such commission. 

XIX. A Major General shall be elected by the commissioned Election of 
officers of the division, including the division staff, in which the Major General. 
vacancy shall occur. No person shall be eligible to the office of 

Major General unless he shall, at the time of his election, reside in 
the division, and hold a commission with the rank of or above a 
Major, and shall have held a commission of or above the rank of 
Captain for at least twelve months next preceding the election. 
When any vackncy shall take place in the office of Major General, 
the Commander-in-ChieF, for the time being, shall issue his orders 
to the several Brigadier Generals, or officers commanding brigades 
in the division in which such vacancy shall happen, requiring them 
to order each Colonel or officer commanding a regiment, in their 
respective brigades, to hold an election in their respective regiments 
for a Major General, to fill such vacancy; and the Colonels or 
officers commanding regiments as aforesaid shall post up a notice of 
the time and place of such election at least fifty days before the day 
of election at three public places within the limits of their respective 
regiments, and on the day of election shall order to their assistance 
the two commandants of battalions, or any two comniis ioned offi- 
cers of their respective regiments, at the place appointed, and hold 
a poll from eleven o'clock A. M. to three o'clock P. M., count 
the votes, and forthwith transmit to their respective Brigadier Gene- 
rals, or officers commanding brigades, a statement, in writino-, show- 
ing the result of said poll, certified by them and their respective as- 
sistants; and the Brigadier-Generals, or officers commanding brig- 
ades, shall immediately transmit to the Adjutant General's office, at 
Columbia, a certified statement in writing, showing the result of the 
polls in their respective brigades; and the Commander-in-Chief 
shall pronounce the person having the greatest number of votes (if 
there be no contest) duly elected, and shall commission him accord- 
ingly. When the election of Major General is contested, the same Contested 
shall be tried by a board of officers appointed by the Commander-in- ^^®''**°°- 
Chief, to consist of one Major General, one Brigadier General, and 
three field officers, from whose decision there may be an appeal to 
the Commander-in-Chief, and his decision shall be final and conclu- 
sive, and he shall order another election, or shall commission the 
person duly elected, agreeably to the decision and approval afore- 
said. 

• XX. It shall be the duty of each Major General to superintend .Duties of Ma- 
and preserve the military organization of his division, and enforce ■'°'" ^™^''<i'- 
strictly within the same the Militia and Patrol Laws of this State; 
he shall, from time to time, make such reports and returns of his 



804 STATUTES AT LARGE 

A. D. 18&5. division as may be required of him by the Commander-in-Chief; he 

'^ y ^ shall attend a review and drill of each regiment of his division at 

least once in two years, and shall be responsible for the correct in- 
struction and good order of his division ; he shall order and be re- 
sponsible for the due execution of such inspections as may be re- 
quired by law, and shall obey and execute all orders from the Com- 
mander-in-Chief. 
Election of XXI. A Brigadier General shall be elected by the commissioned ' 
^raP''"^'^ ^*^"' officers of the brigade and division staff officers residing in the brig- 
ade in which the vacancy shall occur. No person shall be eligible 
to the office of Brigadier General unless he shall, at the time of his 
election, reside in the brigade, and have held a commission of or 
above the rank of Captain for at least twelve months next peceding 
the election. When any vacancy shall take place in the office of 
Brigadier General, the Major General, or officer commanding the 
division in which such vacancy shall happen, shall forthwith issue 
his orders to the Colonels or officers commanding the regiments of 
the said brigade, to hold, in their respective regiments, an election 
for a Brigadier General to fill such vacancy; and the Colonels, or 
officers commanding regiments, shall post up a notice of the time 
and place of such election, at least forty days before the day of 
election, at three public places within the limits of their respective 
regiments, and on the day and at the place of election shall order 
to iheir assistance the commandants of battalions, or any two com- 
missioned officers of their respective regiments, and hold a poll, 
from eleven o'clock A. M. to three o'clock P. M., count the votes, 
and forthwith transmit to the Major General, or officer command- 
ing the division, a statement, in writing, showing the result of said 
poll, certified by them and their assistants; and the Major General, 
or officer commanding the division, shall pronounce the person hav- 
ing the greatest number of votes to be duly elected, and issue a 
commission accordingly; but if the election be contested, it shall 
be tried by a board of officers appointed by the Major General or 
officer commanding the division to which such brigade shall belong, 
to consist of a Brigadier General and four other officers not under 
the rank of field officers, from whose decision an appeal shall be to 
the Commander-in-Chief, whose decision shall be final and conclu- 
sive ; aud agreeably to his decision, the Major General, or other 
officer commanding the division aforesaid, shall order another elec- 
tion, or shall commission the person duly elected, agreeably to the 
decision and approval aforesaid. 
Duties of XXII. It shall be the duty of such Brigadier General of infantry 
Brigadier Gen- q^ cavalry to superintend and preserve the military organization of 
his brigade, and enforce strictly the Militia Laws and (the Briga- 
dier General of infantry) the Patrol Laws of this State; he shall 
annually make and transmit to the Adjutant and Inspector Gene- 
ral of this State, by the first day of October, a full and complete 
report of the strength of his brigade, of the public arms, equij>- 
ments, books, ordnance aud military stores in its possession ; he shall, 
with ills stafi" attend a review and drill of each regiment of his 
brigatle, at least once every year, and shall be responsible for the 
complete organization, correct instruction and good order of his 
brigade; he shall order and be responsible for the due execution of 



OF SOUTH CAROLINA. 305 

such inspections as may be required by law, and shall obey and exe- -^- ^- ^S'55. 
cute all orders from the Commander-in-Chief, or any of his superior ^— v— — ' 
officers. 

XXIII. The Brigadier General of the fourth brigade shall cause 
each and every of the volunteer companies under his command to 

be inspected at least once in every year by his Adjutant General, Inspection?- 
and shall organize and have under his command a (ire-guard of tlie 
volunteer companies in the city of Charleston. 

XXIV. In all elections for Major General or Brigadier General, 

any officer entitled to vote may send his vote in writing, signed with . Officers en- 
his name, rank and title, under sealed cover, addressed to the offi- '^i^ed to vote. 
cers holding such election for the regiment to which he belongs ; or, 
if he be an officer attached to the division or brigade stiiff, he may 
send his vote, signed and under seal, as aforesaid, addressed to the 
officers holding the election for the regiment in which he resides. 

XXV. A Colonel of the line shall be elected by all free white 

men, above the age of eighteen years, wlio have resided in the State Election of 
at least six months next preceding the election, and belong to the Colonel. 
regiment in whicli the vacancy shall occur. No person shall be 
eligible to the office of Colonel, Lieutenant Colonel, or Major in the 
line, unless he has held a commission in the regiment at least six 
months next preceding the election ; or, having served four years at 
the South Carolina Military Academy, is a graduate thereof. Wheu 
any vacancy shall take place in the commission of Colonel of a regi- 
ment, the Brigadier General, or officer in command of the brigade 
in which such vacancy shall happen, shall issue his order to the 
officer comm