Horry news. (Conwayboro, S.C.) 1869-1877, August 25, 1871, Image 1
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ll()I?in NEWS,
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l T. W. Ji K AT. Y t Editor.
llOllMS :
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M 0 N T 11 h Y V A h K N D A E
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AVtiliST, 1871.
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LAWS OF THE STATE.
Acts ami Joint Resolutions, Passed by
the General Assembly ol" South Carolina
Session of 1870 -71.
7 N
? i **j/.,
lOFFJXTLAL.]
An \or to Kcnew and Amend the Chatter
ol" the Town of Anderson.?Xo. JUL
JSoo. I. He it mulcted by the Seua'euud IJouec of
Ji'fpi.-soiitutives of tin* Slate of South Carolina,
now met and sitting in (ienurul Assembly, and
by the authority of the same, That from
and immediately after the passage of this Act,
all and every person or persons who shall have
j < v; rd within the corporate limits o f the town
<?t And us >n for one year, or who may own
a r.eehaid therein, and their successors, are
hereby declared to be members of the corporation
hereby created
See. 2. That the said persons and their sue(esso
sshall. Troutand alter the psisnage of this
Act, become a body politic ami corjtorate,.and
shall be. known and called by the name ol the
town of Anderson, and its eorporatc limits
shall extend one mile In t-";T*.> direction of the
cardiii d )k>ints Iron: the court house.'.hereof as
a cent re, and lorin a.squr.re.
Sec. .1 That tie said town shall be gov? tied
'by an Intendaut and four Wardens, who s tall
1> p ov.ons I hat act u.Jly i eside w.thi i .he limits
of the corporation, and have so resided least
t\v v? mouths immediately preceding their
ol.tiit i.... 'lUw. ... i.l I .....I ?\ 1....
' ?v< null. * ?n oivim 1 Ul\JllM.ini ill III M
shall ne. elected, on the second Monday in
fcjoptenib.'! in eaeb year, ten days' notice having
beeu previously given, and shall continue
in oil! e t >r one year, and until the election
ami (jnaliiication ot their successors ; and all
male inhabitants of the said town who shall
have attained the age of twenty-one years, and
rcgi led therein sixty days inline liately preceding
the election, shall be entitled to vote
lor said Julemlunt anil Wardens: Provided,
'l'hat no person sliall l?e allowed to .vote at
any such election who shall not have registered
his name as a voter with the Clerk of the
< '(Mined, in a hook or books to be kept by him
for that purpose,, ivy ten o'clock A. M., on the
day preceding every such election.
.Sec. I. That the said election shall be held
in some convenie.it public place i:i said town,
Jrom nine o'cloc.c in the morning until live
o'clock in the evening; and when the polls
shall be closed, the managers shall forthwith
ount the votes uud oath, stating the whole
iiimbcr of votes cast for each candidate or person
voted for, and shall transmit their report
oft lie same, i n a sealed envelope, to the lntendantol
the town; and if there be no such In
t' '.IlllUkltf (In, it. A . 1, <"? I 1 I,, I..,, I,,.I , . . ,1...
| . ' iimhiivj tuv i > < 11 11 v / oiitiii ' / * ii 11 11 ?( in 1 iii"
A ,'lork of the Court of Anderson County. The
f id Intend.mt or Cleric of .the. Court shall
pen the report of the said Managers, and
S shall announce and publish the whole numt
her of the votes cast, and the w hole number
toast .for each candidate, when the so.ve.ii candidal"*
receiving the highest number of legal
votes for the ollices for which they were
voted for., shall he declared duly elected. The
Jntcudant and Wardens, for the time being,
shall always appoint the Managers to conduct
the election, who, he fore they open the polls
for the suid election, shall take ait oath'.fairly
and impartially to conduct the same. And the
intend.ml and Wardens, before entering ii|>on
the duties of their respective oillees, shall take
ithe oath prescribed by the Constitution of this
.State, and, also; the .following oath, to wit*:
"As intendaivt, (or Warden,) of the town of
Anderson, 1 will fuithfmly and impartially, to
the bcsPof my ability, exercise the trust reposed
ait mo ??iti1 I ii'SII itai. Iliir ti.icf Ouilii'ip.o'j f
Ill 111*-) 4 v I 1 ' % I II III ll'JV, ???J JC.OU vll<l\ iv| l/A # li;
.preserve the i?eaee, ami carry into effect,
according to law, the purposes tor which J
.Jiavc been elected ; So help mo Clod."
Sc . That in ca4,c a vacancy shall ocvCiir
in the oiii'C of the Intendant, or any of
' he Wardens, hy death, resignation, or otherwise,
an e'.ce'ion t? till snch vacancy shall he
held hy appointment of ilie intendant and
Warden, or Wardens^ and in case there be
none,-then hy the appointment of the Clerk
?of the Court of Anderson County.
Sec. 0. That the Intendant and Wardens,
alnly elected and qualified, shall he, during
their term of ollice, vested with all the powers
.and authority with which Trial Justices are
mt present vested hy law, except the trial of
<civil cases, and except as it may he otherwise
i Hi > v i i ie 11 in this Act: and the. iiilenilant ttlmtl
.and may, as often as may be necessary, summon
tbe Wardens to meet in Council,any two
of whom, with the Intemlunt, or any three
Wardens. may constitute a ouorjuin to transact
_ business, and they shall he known by the name
of the Town Council of Anderson ; And they
and their successors hereafter t<> be elected,
may have a common seal, which shall he
affixed to all t hoi - ordinancesmay sue and
be sued, plead and he impleaded, ill any Court
of law or equity in tms Stxte, and puruhase,
hold, possess and enjoy, to them and their successors,
in perpetuity. or for anv term of years,
any estate, real, jieisonal or mixed, and soil,
alien or convey the same : Provided, The same
shall uotexceed, ai any one time, the sum of ten
thousand dollars; And the lutendant and
Wardens shall have lull power to make and
establish all such rules, by-laws and ordinances
respecting the roads, streets, markets and jtolice
of the said town, as shall apj>ear to them
necessary and re-piislte fori lie security, welfare
and convenience of s ild town, or for preserving
health, order, peace and good government
within the same ; And the said Town Council
may lix and impose fin.es and penalties foi the
violation thereof, and appropriate the same to
the public uses of the said eorpoiution : I'rovided,
That in all cases of trials to be had before
the said Town Council as hereinbefore
provided, the party charged shall-be cited to
trial by service upon .him of a summons, under
the hand of tbe^ntendant, any one of the
Wardens, or the. Clerk of the Council, wherein
shall be expressed with certainty the olleuce
charged, and the time and place of trial,
which sendee shall be made at least live days
before the day of trial.
JSeC. 7. That the lutendant and Wardens of
said town shall have full and only power to
giant or refuse IjccDso tp retail spirituous
?lg. 1.1? J.,...I j .- ILL. I
VOL- :i. ?0
liquors \vit 1 ii11 the ftahl limits, which license !
1 shall I <! untitled in the same manner anil upon
1 ilio sal no conditions as thoy now tiro, or
hereafter1><', under the law* of tliin State, ex!
copt tliat tin- Town Council shall have the
, power to regulate the price oi license to keep
taverns and to retail spirituous liquors; Pro*
! vided, That in no Instance the price of
I a license to keep a tavern, or to retail spirilI
nous liquors shall he fixed at a less sum
than is established by the laws of this State;
ami all the powers vested formerly in the
1 Commissioners of Itoads are hereby grunte*'
. to the said III ondant and Wardirtis within the
said limits; and all moneys paid tor licenses*
and for tin's and forfeitures, tor retailing spir"
! ituous llouo.'s, keeping taverns ami billiard tables
within the said limits without license,
shall he appropriated to the uses ot said
town: Crowded, That the lutendant ami
Wardens duly elected and qualified shall
not have power to grant any license to keep
t ive ns or retail spirituous liquor* ui exteml
heyo'id the term for which they have been
elected.
IS c. t\ That it, shall be the duty of the lut
aidant and Wardens to keep at! roads, streets
and ways within their eorporate limits ojmmi
and in go >d repair, and for that purpose thoy
are invested with all the powers granted forme!
ly to the Commissioners <>1 iToads. And
they shall have power to eouipound with all
persons liable to work the streets, ways ami
roads in said trwti, upon such terms as they
shall, by ordinance, establish J the moneys go
received to he applied to the public, use.
SucO'ihut the aidTown (ski noil shall have
power to impose an annual tax upon the
Keepers of all billiard tables and ten pin alleys,
or other pin alleys, within the discretion of
said Council, and to grant or refuse licenses
Jor the same, upon such terms and conditions,
and subject to such regulations as thoy may,
hy ordinance, establish. They shall also have
]im\mv ni iini >se uijvn, wumn incir msereuon,
1 oil alt sales made by itinerant traders and aucI
i ioiuvrs, on all j ublie drays, wag ms, carriages,
omnibuses, and otliT vehicles kept lor biro,
1 and on the owners or proprietors of all dogs,
hogs, sheep, goats and caMic kept within the
corporate limits of said town. The said Town
Council shall have power to imjioftc an annual
tax on the amount ot ail salts of goods, wares
and merchandise, and also on the amount ol
I income arising trom all factorage and inerchan!
disc, employments, faculties and profession*,
including the profession of dentistry; also
upon t he amou.it of income arising from all
moneysiloaned at interest, and from dividends
received from hanks and all other stocks: Provided,
That no tax shall he imposed in any
' one east- to exceed the rate of thirty cents on
each hundred dollars ol the value of such sales
and income. And the said Town Council
I shall have power to impose an annual tux ? r,
I all carriages and wagons, of whatever kind,
I kept for private use; on all gold, silver ami
I other watches kept for private use within the
I limits of the said low n. And the said Town
I Council have power to impose an annual tax
not exceeding thirty cents on every hundred
i dollars of the assessed value of all real Ootate
i !\ing within the cori ovale limits of said town,
the real estate of churches and school associj
at ions excepted ; and, for Mull purpose, they
i shall appoint three Irceholders residing therein
to asses* the value of said real estate upon oath,
and return the assessment within one month
t > said Council for taxation, and to till am
vacancy occasioned by the death, resignation,
refusal to serve or removal from el lice uf the,
1 said Assessor. And the said To mi Council
shall have power to regulate the price ot
licenses upon all public shows and exhibitions
in the said town ; to erect a powder magazine,
1 and compel any person holding more than
J twenty-five pounds of powder to store the
same therein, and to make regulations for the
rales ot storage thcicof, and for keeping and
sfoting the seine. The said Com.nil shall
have power to enforce the payment of all taxes
and assessments levied under the authority of
this Act against the property and persons of
defaulters, to the same extent, and in the same
manner, as is provided by law for the collection
of the general State taxes, except that
executions to enforce the payment of town
taxes shall be issued under the seal of the
corporation, and uirectcdto the Town Marshal
or olhci persons especially appointed by the
said Town Council io collect (lie same ; ami
all pr?.|M rfy upon wliieh a tax shall be levied
i ami assesseu in hereby declared and nude
( liable tbr tbe payment thereof, in preference
i to all other debts due by the person owning
m;<T. prosify at the time ?rt the assessment,
except debts due tbe State, which shall fust bo
paid. The tald moneys, together with all
other moneys collcete I by authority of the
provisions of this Act, and tbe ordinances
pai.se.d it; conformity thereto. Iron, whatever
source said moneys may arise, to be paid into
tbe Treasury of said town for the use of the
corporal ion.
Sec. 10. That returns shall he made, on
oath, to the. (dork of the Town Council during
the mouth of January, in each year, of the
amount <H" all sales of merchandise, professional,
mechanical or other incomes, and of the
quantity and kind of all other property than
real estate subject to taxation under the provisions
of this A't. by portsone who may he
liftbh to pay the taxes on the same ; and the
said taxes shall be paid on or before the first
day of March then next ensuing; upon failure
i thereof, any party in default shall be subject
tO'the penaltb s now provided by law for failure
to pay the general State tax.
See. 1 i That tbe said Town Council shall
have authority to require all persons owning
I! l<)t ul l.M n ill s..ltl I l i\V o t ?> mriU-o finil 'l.-nm . in
I good repair sidewalks in Iront of said lot or
i lots whenever the same shall front on or adjoin
any pnhlie Creet of said town, if, in the
judgment of the Council, such sidewalks ehall
lx> necessary., the width thereof, and the manntr
of their construction, to he designated and
regulated by the said Council; and for default
or refusal to make and keep:in repair such
sidewalks, The Town Council may cause, the
same to l>e niadand put in repair, and require
the owner 1o pay the p ice of Making or repairing;
and the, satd Town Council arc
hereby empowered to sue tot and recover tin
same hy action of debt in any Court of com,
petent jurisdiction in Anderson County*. Provided,
That such contract, for making ot re.
pairing he let to the low est bidder.
Sec. 12. That the. said Town Council shall
have power, with the consent of the adjacent
1 landowners, to close all such roads, ft tree *:&
and ways v it hi n the said town as they may
deem necessary, hy the sale of the fieehold
therein, either at public 01 private sale, as
they may adjudge best for the interest of the
said town : and they shall have, power to lay
out, adopt, open and keep in repair all such
new streets, roads and ways as they may, froin
time to time, deem important or neeegsury for
! 11ics improvement and convenience of the* said
' town: Provided, That no street, road or way
shall be opened, without first having obtained
the consent of the land owner, or owneis
thereof, through whose premises any such new
street, road or way may pass.
See. i:i. That the said To ?vn Council shall
have |M?\ver, ami are hereby authorized, to
elect, one or more Marshals, (in addition to
the Slvrift'of Anderson, who shall also be a
f
ii Tndopor
X WAY IK )IlO, S. C., 1
I Marshal of the town,) to fix tlieir salaries and
; prescribe their duties, \vlk? shall he sworn in
I and invested with ail tlie powers and subjected
to all the duties and liabilities that Constables
now have or are subjected to by law, in addition
to the duties ami liabilities specially con- j
furred ami imposed upon thorn by the Town
Council: Provided, That their jurisdiction I
shall bo confined within the limits of the said
tow U.
See. 111. That the said Town Council shall
have power to establish a guatd house, and to
prescribe, by ordinance, suitable rules and
regulations for keeping and governing the
| same, and until such guard house shall be
established, they sluill be authorized to use a
room in the common jail of Anderson County
for the eonfinemcut of all iicrsotis who may be
subject to be committed for violation of any
nrdiuancenf the town, passed in conformity of
this Act; and the said Town Council may, by
usdiuaucc,or (lie said Intel dant and Wardens,
in person, any one or more of tlieio. may
Authorize and require any Marshal of the
town, or any Constable sj>eclally appointed
for that purpose, to arrest an<J commit to the
raid guard house,or jail of Anderson County,
as the case may be, for a term not exceeding
twenty-four lio lire, any person jr |kmsoiis, who,
witliin tlie corporate limits of said town, may
he engaged in a breach of the jieaee, an>
riotous or disorderly conduct, open obscenity,
public drunkenness, or any conduct grossly
Indecent or dangerous to the citizens of said
town, or any of tliem; and it shall lie the duty
of the Town Marshals to anest and commit
uii such offenders, when required so to do,
and who shall have power to call to their
assistance the posse cumitatus, if need be,
to aid in making such arrests: and upon
the failure ut said olUueru to |mrform such
duty as required, thoy shall, severally, lie subject
to such fines and penalties as the Town
Council may establish; and all j torso ns so
imprisoned shall pay the costs ami cxjHmses ;
incident to their imprisonment : Provided,
'J'I??it, such imprisonment shall no. -exempt
tin party tfrtmi .the payment of any line the
Council may impose lot tlx* ollenee for
which lie, she or they may have heen coin- i
milted.
Sec. 15. That the said Town O'mmcllj shall
have power to collect the taxi's fioin all j
peisons representing, puhUcJv, within the corporate
limits, tor gain or reward, any plays or
shows, of any kind whatsoever, to he used for
the purpose of.said corporation.
See. Id. That all the lines whirl) shall here
after he collected hv conviction in. the (Joint
of Sessions, for retailing, without license
wliiiin the corporate limit* of the said town,
shall he paid one-halt to the informer, and the
other halt to the raid Conical, lor the use of
the corpora I ion.
Sec. 17. That the said Town Co u nor! rhall
have power ami authority to ah,ale all nuis.inees
within the corporate limits, and. also, to
appoint a Hoard of Health IV?r ?aid town, and
to pass such ordinances as may lie ncve>sary
to define the duties and powers of the said
Hoard.
.Sec. 18. That "the said Town Council sliall
have power to borrow money for the public
use of the corporation, by issuing, from lime
to time, as occasion may require, the bonds of
the corporation, hearing internet at a rule not
to ex.ota d seven per centum n year, to ho paid
semi annually, for an amount not to .ore d
fifteen thousand dollars; and for the payment of
the in'crest, and the ultimate redemt io.i ol the
pi inc.'n.il, according to the terms of the loan,
the said corpoiatioiisliall, at all limes, he liable:
Provided, '1 hat the private property of the
inhabitants of the said town shall he hound
lot the redemption of the said loan in no other
w ay than by the imposition of an annual tax,
according to the provisions of this Act : And
i provided, iiuiuor, i nut ;i majority fit the
j fiwniM's of real estito within the corporate
li mils of said town, shall llrsl vole in favor of
Issuing said bonds, ami t la* sail I Town < onn
cil shall give at hast thirty flays' notice of
holding such election.
See. III. Tin: lntendant and \\ anions elect,
shall, during their term of olliee, he exempt
from street duty and oaeli Town ('ouncil
shall, within one month after the expirulion
of then term of olliee, make out and return to
their sueeessors in olliee, y tall aeeonni of
their receipt*-and expenditures during their
term, ami shall pay over all ntoma 4 in
their possession belonging to the ooi*|M>ration,
and deliver tip all property, hooks, records
ami other papers incident to lhe.ii' olliee, to
their successors : and on failure so to d< .
they shall he liable to the punishment p.escrilied
in the t wenty-lirst Section of this V !.
Sec. '20. Tltat tdi ordinances heretofore
pas-ed by the 'hat n Council of Ande.rsou, in
coi. fortuity with the authority granted by existing
laws, shall he, and they are hereby,
declared legal and valid.
Sec. 21. That for any wilful violation or
neglect of fluty, malpractice, ahuse or
opp eeaion, the said lnteuduut and Wardens,
jointly and severally, shall he liable to imli !
ment in the Court of Sessions, and, U|?o.i eon
viclion to punirhmont by fiuu, not exceeding
one hundred dollars, besides being liable for
damages to any person injured.
Sec. 22. All Acts ami parts of Actr In 0
toforc passed in relation !<> the incorp nation
of the town of Anderson l>e, ami lliey sue
hereby, iep<'0*.\lT>V\nd this Act shall he deemed
and takiJaiw. Tlibsiblic Aetj^jd1continue
in force fofic lecture on tlio-#M)Joct fWl:ul im"
til the cu<?foliMM|^^^.u,| |/]a(.,.s ^udaturo
"'*i^^BEKts nan/
Wed 1 a
' An Av.Jt<-^|^H|^^GHS^h>;ids, iflrolina
South (
it'll '
Persons fhcir
\ssoeiatc.4,\v^^^^E'f' Satupday,ami
Mine iu the ^V)f'iS'yablu
... i COiiii"
Streams hum \\ a^^^K(.6 wjp .,j.te "I
South Carolina fo^^wiru oi" tyuc^K
Rid J'hosjihutic ljflHB Will,
Suction I. lie it Senate
and House <d'^s of
tin; Stato of South (1 I N. C met
and sitting in (oik nml
by the authority ot 9H protect!1 ,llc'
State ol South ('arta^^Fn hereby 'icliy
give and grant to Lhu^^^ftemigcuH'jS'.hito
wit: II. L>. I'Tli^iganBp pulls,
W. J. \Vhiitncr. N.^H?Jmvl.'Siciu.s
Wiiuhush, W. Ji. Kails,
! II. J. Maxwell, Jam^K J\ II.
.Jones, B. A* BoseiuoF Ic i My C?I~
i ward Mickey, !?,. ^l*
J Jervey, J. N. llayne, '.h? the <wilurley,
Anson \V. Thayer, Johif^.J^srfuates, .J.
(J. Mayo, James M. Crot'ut, K. J. .Moses,
Jr, A. J. Runnier, t,\ W. Montgomery,
B. 1<\ Whittemoic and II. A. Sisson,
and such other persons as they may
associate with them, the right to vii^,
mine and remove, for the lull .term of
thirty years, from the bed* of the uavi
~J^E:
ulont; Jonriiivl.
Friday, august 25,
11 . .i .. ? . * - . .
g;iwic siif;ims ami waters within me
jurisdiction of the State of South Car- 1
olina, tin' phosphate rooks ami phosphatic
deposits: lMovided, That the
persons named, anil their associates,
shall not in any way interlero with
the tree navigation of the navigable
streams ami waters of this State, or
the private rights ot any citizen or
citizens residing upon or owning thei
lands upon the banks ot the said navi
gable rivers and waters ol the State.
Sec. 2. That this gift and grant is
made upon the express condition that
said grantees shall pay to the State of
South Carolina the sum of out (l)dollar
per Ion for every ton o{ phosphate rook
and phosphatio deposits dug, mined
and removed from the said navigable
rivers and waters of the Stale; and,
further, that t he said grantees shall pay
into the Treasury of the State the sum
of live hundred dollars, as a license fee,
before commencing business under said
grant.
See. 3. l>oforo commencing operations
under authority ?>| this Act, said
grantees and their Associates shall file,
or cause to be filed, in the oHioo of the
St'ilf* Viubliir n Initio in lliniwMi.il cum
7 . ? .......
of fifty thovis;in?I (.")(),U0()) dollars, conditioned
that said grantees and their
associates shall make true and faithful
returns to said State Auditor, annually,
on or before the first day of October,
and oftener, if required by the said
State Auditor, of the number ol tons
of phosphatic rocks ami phosp hat ie deposits
dug, mined and removed l>v
tiiom from the beds of the navigable
streams and waters of the State; and
shall punctually pay to the State
Treasurer., annually, on the first day of
October, one (I) dollar per ton for
every ton ol phosphate rocks and phos,
phatio deposits by them dug, mined
and removed from the beds of the navigable
streams and waters of the State
during the year preceding, said bond
no he renewed annually, and approved
I y the At torncy-Cenerub The hooks
of said grantees and their associates
shall he opened lotheiuspccliouoft.be
State Auditor, or agent duty appointed
by him for that purpose.
Si c. 4. That the capital stock of said
Company-shall consist of two million
(2,000,000) dollars, t<> lie divided into
shares of one hundred dollars each,
with the privilege of increasing the
same to an amount not exceeding
five million dollars; and when the sum
of three hundred thousand dollar*; shall
have'been subscribed, the said Company
may be organized and go into
operation.
Sec. 5. That the profits of said Company
may, from time to time, be divit
ded among the stockholders according
i to such ruler, and regulations as they
may prescribe, not repugnant to the
laws of the State.
See. (j. That the stock of said Company
may he transferred in such manner
and form as may be directed by
I I lie by-laws of the Company.
See. 7. Die said Company shall be
entitled to all the rights ami privileges
accorded to r < orporutions incorporated
l>y the laws of this Stale:
Provided, That nothing in this Ac'
sli;iLI bo construed as giving lo the
said S<>tilh Caiolina Phosphate uml
PIios|(Initio Kiver Mining Company the
exclusive right lo dig and mine in ihe
navigable rivers and waters of the
State.
See. 8. Ail Acts and parts of Arts
iueonsiKtOnl with this Act are hereby
repealed.
Approved March 0, 18.71.
An Act to Amend an Act entitled "An
Act to Incorporate the Kuterprisi
Uailroad Company, ol Charleston
South Carolina," Approve ! .March
I, 187 I ?No. U.S.
Section 1. lie it enacted by the Senate
and I louse ol Kepresentali ves of the
Male t)i ooutli L/Mrouii:!, now met s in
sitting i 1 (ieneral Assembly, an I h)
the authority oi the same, The Knttrpriso
Railroad Company are lu rel. \
authorized to lay their railroad trnei
through ami along any sireet of tin
city of Charleston, whioh may hi
necessary, in order to connect with tin
track ol tlio South Carolina Railroa
Company, and track of the Northeastern
Railroad Company, ami t<
ami to connect Kast 15ay Street w.tl
the Ashley RiverSec.
2. The said company areifurthp
authorized to lay their railroad trnej.
and tun their cars I row any point ??
points on the Cooper River, to nn\
point or points on the. Ashley River
j within tlie City of Charleston, or with
I in ten miles ot the corporate limine u
1 said eity.
Sec. :i. The sain company are fnrthe
authorized to issue seven percent' con
pen bonds, to the amount of toil t lions
and dollars for every mile of complt te?
j railway.
Sec. -f. The said company are fnrthe
i authorized to lay their railway true!
or tracks, should it ho found desirable
t . ?i ....... i? . f H .
now m io use water iruni 01 any <>: ih<
wharvca a*' the said t-iry.
See. 5. The tisick or tracks horcii
anthori/od may he u*ed hy said comjinny
for carrying freights and passengers,
or either, at the option of sail
company.
Approved Mncli 0, 1871.
An Act to Herniate the Manner o
4 & '
1871. NO. 04. ;
Druwinix JurioH No 110. i
1 ? . * / ? I -
in- n, enueieu oy im; Ornate ami
House of I'epresentativcs of the State
of south I 'urolina, now met and sit (ino
in (Jeneral Assembly, ami hy the an '
thority of the same, All persons who I
are qualified to vole in die ehoice of
R< present at i vcs in tlu?(Jener.tl Astern
I?ly shall he liahlo to l?e drawn and
serve as jurors, except as here if "tor pro
v ideal.
See. The following persons shall
ho evcMitpt. Ironi serving as jurors, to
w it: The (Jovernor, Lieutenant (Jovernor,
Attornev-tJeneral, Coinptroll ?rtJeneral,
Statu Auditor, St ate Treasurer,
Seeretarv of State, Superintendent
of h'dueaiion, C'ominissiouer of \<;ri|
cultural Statistics, members and olli - I
: eers ot the Senate ?ind 1 louse ot Rep
! resent alives duriic*' the session of the
(Jeneral Assembly, memhers of the
Senate and IIoukc of Representatives
of the Cnitcu Stales, .) ud^es and .1 iistiees
ot an\ Court, County Commissioners,
County Auditors and Trcasurt
rs, Clerks ot Courts, Registers o|
.Mesne Conveyance, Sherills and their j
I)('|illlii'S, CurullCVK, (. OllstableH, 1110
Marshals of the I nitcd Stairs and j
their Deputies, and all other olliecrs ??t
I he I nili'tl States, counsellors aiel at- |
torneys.nt-la w, ordained ministers of
She (ioS|?. ], olliecrs ol colleges, preceptors
and teachers ol a< adcmies, practicing
physicians ami surgeons legularly
licensed, cashicrrf ami tellers ol incorporated
hanks, c?ht<M>: oi newspapers,
constant lerryinen, millers carry
ing on thai business at. the time, ami ]
all men actually employed as stjcl ; I
such ollicerr. ami employees of railroads '
as are now exempt hy 'law, and persons
who are more than sixty-li\o years '
old. * '
See. Ik No person shall he liable to
he drawn and serve as a juror in any
< oitrl oltener than once in every year;
hut he shall not he so exempt,, unless j
he actually attends ami serves as a jui\.r
in pursuance of the draft; IVoviu |
ed, No person shall he exempt from
serving on u jury in any other Court
in conso?|i;enec of his having served
before a Justice ol the Peace, or Trial
.1 usl ice.
See. I. Thcrjn shall ho appointed hy
the Governor, and confirmed by .the
Senate, one olheev tot ea< I. County in
the State t<> be named ami designated
a Jury Commiesiouer, who, with lltu
County Auditor and Chairman cd' the
Heard of County Commissioners, rlriil
constitute a Board ol Jury Comiseioners
tor the County. Said Jury Commissioner
shall hold his olliee lor t wo
years, unlet s sooner removed by the
(Jovernor
See. 5. 1'he Board of Jury Commissioners
ol' eaeh County shall, once in
every year, during the month <> 1 Janu
arv, and I or the present yea: within
one month alter the passage of this
Act, prepare a list of such inhabitants
of their resueetivo Counties, not absolutely
exempt, as they may think well
paaliiied to serve as jurors, bein.?_j persons
of l;oo<1 moral character, ot sound
judgement, and IVee from all lejjal ex ceptions,
which lists shall include not
j less man one irom every twenty votei'Sj
nor inure than one from every ten
voters, of their respective Counties.
See. 0. Of tiie list so prepared, I lie
Hoard of .Jury Commissioners shall
eanse the names to he written, each
one ot. a separate jiaj?er or ballot, ami
1 shall fohl up said pieces of paper or
ballots so as ?o resemble each oilier as
much as possible, and so the name
written thereon shall not be visible on
the outside, and shall place them in u
1 box, to be furnished them by the
' Count y C ommissioncrs of \ heir Count v
> lor that purpose, and by said Hoard ol
1 Jury Comni sum .tv to ho kept.
See. 7. I! any person whose name is
' so placed in said jury box is convicted
' ot any scandalous crime, or is guilty
' of any gr ?>s immorality, his name shall
he withdrawn therefrom by the Hoard
r r i * . ? .
01 .Miry v-<>!i?1J?!s11jjisj an i lie shall
not be returned as a juror.
See. <S. I lie Clerk ot the Court of
Common Clous in eueli County, at least
fifteen days before the commencement
' ot any regular term ot the Court of
.i j ? t
I tleueral Semuotiti tor the C out.ty, <iud
- ten days before any special session ro>
(piiriiig a jury, and in the County of
1 Charleston life periods before the iir.-t
of each alternate week ol the Court of
i' Common i'lcas, and at such other
c times as th.> respective Courts may
i" order, shall issue writs ot i:i/iire fileie.v
f tor jurors, and shall therein require the
? attendance of jurors on the first day ol
* the term, and for the Court ol ComI
mon Ideas for the County of Charleston
on the lirtit ami eaeli alternate
r week I hereafter, and sueli other days
- as the Courts may order. The petit
jurors returned lor the Court of CenI
ma' Sessions for C ImrloHtoo Counts
Hum serve Voi- me tern and tin' )urui*
i' iviiiineil for lho Court ol Common
? JMeas for two weeks; tin;jurors lor the
, Court ol General Sessions lor nil othoi
' Counties -11 all serve for the term, and
for the term ol the Court of Common
Ideas immediately following.
See. 'J. The o-3u ires filial I he delivered
- to the Sheriff of the County, mid shall
1 ho served hy him without delay upon
the Hoard of Jury Commissioners of
the County.
See. 10. Nothing eonlttiwcd in the
j- j>n cedijvjf Sections hluJI j?rev? nl. the
j
(VD VCRTISEMEK'i S
IiiHCrtt'd at <?l.nO|.^r square for fli^, u?n< ?4 *?
illy <*"iit9 for oncli MiKvqu?nt liis "rtiott. *
Marring i??>?!?*? ?; tVee.
Dentin ami KuiitM.il itMleCs fr4K
i il>itiiM'iivs of otiQ square free; over imf
square cltrtrpnl at u?1 vert toeing
IteligioM* notie? of out' square, free.
A i i^ht lines or le^s, of this -n/.** f> p /
A lil?rraJ ilneyimt ^ ill l>e ina*le to IFh.n??
s\ lios?* iuhcrti-N'iniMits an'ki'pt in foruUAin
i?f* three months or longer.
P erk u| any ( 'ourt of Common Ph-:v
IVoiii i.h.htiivenires for additional ju
rors in term time, whenevcv it in necessary
lor the* convenient dispatch ? I
its business, in whicn case the vcamV<*
shall he served nn<l returned, ami tU*
jurors required to attend on such da)
as the Court shall direct.
S 'c. II. All jurors, whether required
to servo on grand or petit jury, s tall
he selected l?y drawing ballots i mm
the jury hox, and the persons \vh ?se
names are horuo on tiie ballots *'
drawn shall bo returned t*ser\eas
jurors.
See. 12. When jurors are to be
drawn, the Hoard o! Jury Commissioners
sliall attend at the oiTioo o'flh'
Clerk ol the Court of Common Picas
within and for that County, and in the
presence ol the clerk of the court, and
the Sherill" of the county, shall shake
up the names in the jury box until
they are well mixed, and having unlocked
said box, the said Hoard ot .1 lire
commissioners, in the presence of
the clerk of the eourt and Sheriff of
11H* county, shaii proceed to draw
lhorefntin., without seeing the name*
\vrilten lhereon, a number of ballot*
e?ju:tl to the number of jurors required,
lt'n person so drawn is exempted by
law, or is unable, by reason ot siekuo**
or nbseiu'u from home, to attend a< x
juror, or it" lie lnis served as a juror in
any Court within the year then next
proceeding, his name shall be returned
into the b<>\, and another drawn in his
stead: Provided, That, it llio clerk and
Sheriirshall fail to Attend, after due
noiite, the Jury eounnissionere shall
proeeed w ithout them, and the jury He
drawn shall be lawful.
See. I i. When any person is drawn
and returned to serve as a juror in any
court, il,? Hoard of .fury commissioners
shall < u lot re on Ihc ballot the date
of the draft, ami return it inl'> the box.
altei the number of jurors required
have been drawn; and whenever there
is a revision and renewal of the ballot*
ia the box, ' ho Hoard ol Tuv-y eomiui.?>
:.i<>ne?K shall transfer to the new babuls
the date of all the drafts made within
the year ihon next preceding.
See. I I. The lime lor diawing ju.rotv
si.all not be less than seven nor more
'loin ft 111-ell ihivs! hi lb re i I.. d.? v u It i
the jurors are required to attend.
See. 1The Slieiill' shall, at. lejwt,
jeitr days be To re the lime view fhjurors
are required to attend, suineua
each person w lio is drawn, by reeding
to liiiu. the Wtvi./!/ <?, with Ids endo./indent
t hereon of his having boon dtv.w,
i!' by leaving at ids plaofMJf tibod-tr.
w ritten uotilie.atton <?f his having hv m
drawn, and of the ihne -and ;i)'a*;e?*.j
tin* sitting of the court at which lien*
to attend, and shall inakcp ctiu ii of the
y /// < , with ids doiig/s thereon,to.?he
.' lark ot the court, beh>rc tm oi.otvni*
or tune ol holding the court from
wliieli it issued,
Men. 10, (>n the day w hen the juror*-,
are summoned to attend at any court;
I lie-clerk tdiuli prepare- a list ol'tiioir
names arranged in alphabetical order,
flie liist twelve on the Ust wlio t*r<*
not e.\?;inpt, shall be sworn and empanelled
nr. a jury lor the trial oi causes,
and shall be called the lirst jury.?
j l'lie next twelve on the list-shall lie
sworn and empautulled in like manner,
and shall be called the second jury.
See. 17. .Supernumerary jurors may
be. excused, iroui time to time, until
warned; ami may ne j?ui on either
tin* juries, as occasion requires, in the
I j iaro of absentees. Nothing heroin,
conlnined shall prevent the transfer ring
of jun ors from onejury'lo anotht
r, \v hen tlie convenience of the court
i>r ol tiie jurors requires it.
See. 1 H. iOaclt jnuy, alter J>eing thur:
euMiannelleJ, shall retire ami d'etso
then foreman, -or r>hali make ?ack
; choice upoll retiring with thchdr*t
'cause with which they are charged;
1 an 1 whenever the foreman, is ah so*: Lor
moused from lurllicv service, ?,.ne.v
loreinan shall he chosen in likj.niunu
or.
Sec. 10. Nothing contained in . !*;
}neceding Sections shall apply to the
I empannelling of juries in ?cri uin ?i
eases; hat the jurors shall be cuilo
; sworn ami empanelled c.ik'xv itor tlifi
trial of each case, according to the. established
practice, and their lore.mm
shall l?e appointed by thecoma or jury
when they retire to consider their.vesj
dirt.
; Se<*. 20. When, by reason of challenge,
or otherwise, wtllieiewL iku ??Uur
o! jurors, ilnly drawn and suuj ivensd^
cannot he obtained for the trial ofuniy
cause, civil or criminal, thecoma s.hJt
| enlist? jurors to be returned
1 y slanders, or lroui the ('ouaty.? i
large, to complete the panel; l'r ?vi?le
Phut there arc on the jury 41 >t lis.-4
than seven ul thejuiors who \vjre?ur.igina.'y
drawn nod ouinoned, a* 'oefoin
provided.
See ?1> T;te j 11 rot s 50 return*) 1 froan
the by stall h-rs, ??t the County a'Jargt^
-ball be retr. 1 by the Sh.?liT ."h^d
| duty it <;hu'd be returns I by th *
1 i ill, whose duty it shall be to o: |rt?s*
j out during the entire term of sittiu*
( of any Court in their respective Cocaj
ti"s, and si rail be such as are 4 iilitiei
Uud liable to be drawn 89 jur >r?,
coi'ding to the provisions of this Act.
>ec\ JThe court shall, ou molioa
of either party ii; a suit, exaiui ?e, o*
oath, any pors >u win? is culled as a , v
r