University of South Carolina Libraries
THREE DOLLARS A YEAR,] FOI TIIE DISSEMINATION OF USEFUL INTELLIGENCE, [INVARIABLY IN ADVANCE. VOL. III. WEDNESDAY MORNING, JANUARY 9,1867. NO. 2. NEWBERRY HERALD OFFICE_ (1der 'iIl5 .( writht cat i5 alldi r5pcttfI.tl Terms Cash, on Delivery. T. F. & R. H. Greneker. Counting House Calender. -'t-z Jan... .....1.. 4 5 July.... 1 ) 3 4 5 G 6 7 S 9 10 11 127 9 10 11 12 1" - 13 14 15 1 1 19 14 15 16 171 19 2" 20' 2 23 '4 25 2d 212223 2 2 217 F eb .. 30 1 . . A 2 :... :... . .1 3'4 5 9 :4 5'6T 8 910 10 1 1 1 14 15'16 11 12'13'14 15.16 17 17 18 19 2 2' 9'3 1 19 2'0 21 22 23 24 . 24 25 26 7i 2K.. 25 "_'7 28 29 30 31 Mar. . 3 4' 5 6 7 8 ' Sepit.. 1 2 :3 4; 5 7' 10 1111 1 3 14 1: '1 8 9 1t 11 12 13 14 ( 17' 1 19 20 "1 22 23 13161718 19 20 21 24 25 26 27 28 29 3t 12'} 29 '4 23 26 27 28 31 . ..'.--......2 4 April.. 1 2 3 4 5 lOc t.... . 1 2 3 4 5 i7 8 9 1111 2 1:3 t S 8 9 10 11 12 14115 1G:1 1 1) 2 13 14 15 1G 17 119 21122 23 24:25 26 27: '221 22 23 24 25.26 282930 . - .. .w . 9 30 31'. 41. . Ma. . . 13Nov..... .. .. ... 1 5 6 7S9 10 111 3 4 5 67 13 14 15 117 1' 10 11, 12 13 14 15 16 19 20 '1 22 23 24 25 17 18 19 20 11 22 23 '26 7;28 2930 31 . 425 6 27 28930 J une.. .. " . .. -. .. -. - - - - - jnn 51 ii11 " i "" )h 4 5 . 7\e.. 1 2 3 4 5; G' 7 91011'121.3 14 1.5 9 10 11.1.2 1314 1617 1S19 20 21 22 15 1B;17 18 19.2021 23 24 252i 27 28 20' 22 23 24 25 26 2728 30 . . 29 30 31 rteordl the sanie ini a 1,00k to hec Acts Passed by the Legislature. TOu AUTHORIZE THE CREATION oF t 1hindhe RIVATE CORPORATIONS. shil:ofrwdacrtid ~Private corp)orationls for a ndiilIeihr fsc op purpose whatever, excepting bank- 'tin.wievrteobcto jing. inuace, constructing~ rail-teasealni P1 h tips -roads, canais, turnpikes, bridges,gortI'nst't11 ca.isewvays and ferries, ma.king, .ad fi rtt hhb onIl tilS selling gas for light in and for any 1tI'lwi'louthuhAtep city, towat or village, uplig the ct0 l otat fsi iahabitants of any city, town 01or uaie.icredwietc -village w.ith water, manufact urig *i-l otthsaeTe or distilling spirituous 0r intoxi-Clk tteCr.folisevcs cat.Rg iqu~r. an.alo exeptig rd he same i al book~V te be nie~. ay becreatd in hisocateed by. hall fore pcsurose,o A peitio bythe ersllSb at th xeu nse to the fuds o the d ~ng chater o te Cort o tondsv and uomsiers cofio selc Common Pleas.~uiling for ths District ;and haet le twl,t ie ivhrea ajoit o t e Or) II iI cy (l pleead to t Seieta-o torsresie. o in hichtheytat\e. in an er olle inahw oree et setting forthtons wenve the object oftei c-proefthrornztu,bt ~~~~~~~~~teasociationi o the aputo t aitII4ilmk iocm '(t rps legs tey esie t exrcie, nd ofI trading orc tasing busiess the nme ad stle bywhic for proleitmsaly carryingl ino er-e of uc aplcatonhai e radly tounde formtep hi\neyay irs pulishd oce awee lid mentA pofalte crlontratof saidth month, inone mre pblc'mpa~ie, oclinrred wh~ile1 theyl ~ett neres to he oin w are mIembers(al of1I thesm. or Theua suchbusnes isto e l('aed.IfClerku of s heCou forxvp hat orvce teang licato sa al soi uelyceptng i eah eae.l ~ 1 (hl S cive th s umitl miithey ietOlo hAt and lottery coimpa-ingli1us- - noienonaysbenete with pbic Stae,~cetdwtott i t(kl byrinothelyig aplcto rn i rwith the following roisi d,Anh petition h ersoandshir de clrtoi- rtngb h sucmgsor chrortedfratoiimpmcIt.sicii the oburtct nommo exce as, for te iastrwith tterasca ,a~Itepr tors reiie,' ornwaich the m\tay ubsnssIhyprjoet piration ~~~~of thaw u.aeri o~~ o. doars. it Coprthirname.u the povisons aove et t"cti atlle amoull ofv cpitaon be andtheSad Dl t hiH m omde Oibiersad 1m embrs T e an d ie shal be ile in he orio auehoity xeeio thirt aleb-ars for Clek o th ('urtILr te jisi rephugnan theoes the lws ofethepland dire whic thae business o to a in th i ae, adaayo exris allli ratione o bhnellr at Cha ~mbers. -ivl1~x ir i Ioc 11des n socalion, te amont v of its capital ' n a ie v tle fidai i the ii''<ideInt, taken betor'e some Pe1'son alithorizi'cd to a(lminister oaths. of the amount of capital or property. at its sworn valuat iou. actually paid in. owned and em ployed b)y such corporation. Such (lecla'ation and Iflida,vit shall be filed in the office of the Clerk of the Court of Common Pleas for the District where the business is pro posed to be transaeted, to be by him rec(o)r(eded, and shall also be published onlce a week for two months in one or more pulic ga zettes nearest to the point where such business is located, the ex pense of such publication to be paid by the applicants. If such corporation shall at anly time de sire to increa e tiheir capital stock. I an aflidavit, like to the above. shall 1be made. recordcd ad published as above, and a new eertificate is sued. If the aflidavit taken by the Presilent he false as to the anounit of capital, bna,/ fide paid in, owned and employed by such corporation, each and every cor porator shall be jointly and seve rally liable for all (elts and con tracts mIa(de at any time by said eorporat ion. The whole amount of the indebtedness of such corpo ration, not countin its capital stock. shall not. at any time. exceed the , apital stock actually paid in. An l in ease of a violation of this proVision, the officers and agents by whom such excess shall be cre ated. shall be join tly and severally liable to the extent of such exc'ess. If the ofliccls or directors of such corporation shall declare and pay any (lividend when the "col pany is insolvent, or any dividend. the pavnenlt of which would ren der it insolvent. or which would diminish1 the m:lnotnnlt of its capital stock. they shall be jointly and severally liable for all the debts of the company then existil'g. and for all that shall be thereafter con tr-acted while they shall respec tivelv continue in oftice: Prori dd. That if any of the ofieers or directors shall object to tihe dleclar in ' of' such dividend(, or to the payment of' the same. and shall at any time before the time fixed for the p)ayment, file a certificate of' the objection in writingi~ with the Secretary of' the comipaniy, ania with the C'lerk of the Court of Con mon Pleas for' the D)istrict in which the business of the corpora ilon is tranisaeted. 1 hey shall be exempt from said liability. Every such 0.rpor~ uation shahll annually. withi i wenty days f'romn the first day of Janiuaryv, make a report. setting~ forth t he amounlt of' its actualiy pahi in' and( thle amount of' its exist ing debts; wh i ch report shall be sigrned by the Priesidenit, veritiedl by the oath of' the Presi dent or Secrietar'y. and filed in the dhlice of' thle ('lerk f' the Courit foir the D)istrict where'c the b;usine('s of the'lV comany*\ shall be carried on; and upon iailur'e so to (do, all the olhieer's and dirc'tor I'Of thle ('oml pany shall be jointly and sever'ally liable for' all the debts of the comn pany tlhen exist ill g. and ther al ta port shiall be made. The stock holers of such corporaitionl shall be individual ly liable for all debts that may~ be due1 and owing~ to all thir lab orerus. ser'vanits andl ap rlt ietS, lor' ser'vices perrl'iil it' any ('orpor'allonl ihrmed or' 'eat ed unider tlliis Ac s: h~ll not ogan ize anid coimmenee t he trianis ati on of its business withbin one ear' fr om the (late otit s incor lpo ation,. it s, corplorateL powers shall case'. .For' the en'our'ag,emient of tr'adle with hrcig&n ('(ountruie's. andl the other States of' thle Unitedl States, trade for their' object. may be fomed by anyv lnmber of' the c'iti zens5 of tihis State, byg complyinJg with! the provisions of thle fore 2~oing2. sect ion, inc(orpJoratinlg coin lnies f' r cary ing~ on agricultural. mehanical, miing~ or manufac t,,,.;,. i)5110' mexet that of' maufacturiIing. of distli1g l)li'itu ous or intoxicating liquors. AN ACT TO AMEND AN ACT EN TITLED MAN ACT To AMEND AN ACT ENTITLED 'AN ACT To ESTAB r,srI )is'ri lCT COURTs.' I. Be it enacted. by the Senate and House of Representatives, now met and sitting in General Assem bly, and by the authority of the same, That so much of an Act, entitled 'An Act to amend an Act, entitled "An Act to establish Dis trict Courts,' " ratified the twenty first day of September, one thou sand eight hundred and sixty-six, as requires the drawing and em panneling of Grand Juries for the District Courts, be. and the same is hereby repealed. and all persons already drawn and summoned to attend said District Court as Grand Jurors are hereby relieved of the duty of so attending. II. That no presentment of a Granl Jury shall be necessary in any case in the said District Courts, but it shall be the duty of the Attorney General and Solici tors, after inquiring into the facts of each case, to prepare Bills of In dictment, and pi'esent the same with the palperls pertaining there to to the District Judge for his ex amination, who shall order the same to be docketed for trial, if, in his judgment, the prosecutiou thereof be advisable. III. that the Juries in the Dis trict Court. shall consist of one Jury of eight Jurors at each Quar terly Session, and the venire there for shall consist of a panel of six tecen; and it shall be the duty of the District Judge, at each Quar terly Session. to order the draw ing in open court of the jurors to constitute the panel of the venire for the succeeding term. IV. That there shall be kept a separate Jury Box for theDistrict, Courts. which shall be filled from time to time, and the drawing theefrom be condlucted in the same manner as by law required for the Superior Courts ; and in reference to the said Jur'ies of the District Courts, the manner of summoning them, the duties and liabilities of the officeers of the CorPt- and thle penalties for non attendance, and in all other re spects, the jury law of the State shall apply. V. That ini drawing jurors to constitute the panel of the Venire. it shall be competent for the Dis t rict J udge~ to direct theO rejectioni at t he time of draw ing of the names of pesn whlo are known or be lieved to be dead, nout residenit in the D)istrict. over seventy years of ae, or in any manner dlisal ed from dischiarginig the dluties of' a J uor ; and( namies shiall be reject ed for the occasion anid return red to. thme Box of persons whot are known to bec in thIe panelc for' the term of thle Superior Court next ensuing the drawing or!01 who have servedl as Jurors 2ithler in thle Su perior or' Dist ri(ct Courts within twelve mionthls precedin!g the drawing. VI. That to constitute the Jui ries in the D)istrict Courts for the Trmt,i nex t succeeding the passing of this Act. and for which the Ve iire has alrieady b'cein lisued, t he D)istrict judg~e shall order' the draw ing~ of sixteen from the number of those sPUmmonedl and in atitendance. w~ich numberi Ipc, so drawn1 shall eon st itulte th panel' for that term,. aid from themi shall be drawvn those who shall seirve as t he J ury of that Term; and, if in any D)is trct such \Venire shall not have been already issued, the Di istrict Judge shall order' a special c'ourit fr the dlrawingL and shall order the Veire in accord(anIce with the provisioo this Act. TII. That in the D)istrict Court, each partyv in a civil act ion, and the accused and the prosecuting )fBer in a criminmal matter, shall be entitled to eballenge each, two :,,,,r. alf hC iaweS of those elha]lenged. shall be supplied from the supernumeraries. An insufli cient number of jurors in any in stance, shall be supplied in like manner as in the Superior Court. VIII. A traverse of an indict ment shall not, in the District Courts, of itself, operate to contin ue the case. IX. That the concluding para graph of the eleventh section, in the words. "and in the District of Beaufort, where the Court shall be held, alternately at the Court House in the Town of Beaufort, and at Lawtouville," be repealed. X. In civil causes the defendant shall be entitled to an imparlance to the succeeding quarterly Term of the Court. XI. The Superior Court of Equi tv and the District Court shall have concurrent jurisdiction in all cases of Equity ; and the Superior Courts of Law and the District Court shall have concurrent juris diction of all cases in Law, civil and criminal, of which, by the constitution, the said District Courts have jurisdiction. XII. That in all cases now con ieieed in the District Courts for services where the amount due is over one hundred dollars, the case shall be transferred to the Court of Common Pleas. XIII. Matters of equity pending in the District Court, shall be heard by the District Judge, at a Quar terly Session, or at such other time as with his concurrence, the parties may fix, with an appeal, as from a Chancellor on Circuit. With re spect to these matters the Commis sioner in Equity for the District shall regard the Judge of the Dis trict Court as he does a Chancellor with respect to matters in the Su perior Court of Equity ; and in both of these Courts, the law, practice. ees, modes of proceeding and ef feet of order and process shall be as nearly as possih!e the same. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand hight~ hundred and sixty-six. W. D. PORTER, President of the Senate, CHARLES H. SIMONTON, Speaker of the House of Representatives. Approved : JMES L. Ona. AN ACT TO ALTER TUlE ACT ENTITLED "AN AeT TO AMEND) TUE CRIMINAL LAw." Be it enaccted1, That the Act en titled ''An Act to amend the Crimn inal Law,' which was rat ified on the 19th day of' December, 1805, is hereby repealed ini so far as it is not4 heeinafter re-enac'ted. An assault to commit a rape is her'thy declared to be a felony wit hout beiiefit of clergy. W\ith respect to the crimes of burglar'y an'd arson, and to all (crfimina otfences which are con stituted1 or agg'oravated by being~ con in it ted in a dw'elling-hiouse. out-hou.se, apattment. building or boN, in whic'h there sleeps a pro 1)ritor. teilanit, lalborer, 01' peron'0 who lodg~es there with a view to the protectioo of' property, shall be deemed a dwelliing-house; all houses, builings, sheds and eree tions, which are within 200 yards of it, and are appurtenant to it, shall be deemed parcels. Stealing from the field any grain or cotton not yet severedl friom the freehold. is hiereb'y madle a *'elony with benefit of ('elrgy. For anyv person to put any ob stution ulpon at railroad, or to remove 01r disarrlange2 ainy part t hereof, or to injure the macbinery or ears use(d il. ereon, or to mislead any person50i empilloyed ther'eon by faso statements or signals, or' iln anyi\ way to interfere with any prt or apparteniance thereof. w'ith wainton indifference to conise queces'. 0or to plunder, or to (de lmv a train for dishonest purpose. shall b e a felony without benefit of e'lergyV. of trust with a fr'aumdulent in ten tion. shall be held gu;iltyv ot'larcenyv am' Sosu1 a 'i noperson1 who1' shall hire or counscl any other person] to commit a breach of trust with < a fraudulent in tentionf.I Everv entry on the enclosed or unenelosed land of another, after notice from the owner or tenant i prohibiting the same. shall be deemed a misdemeanor. If any person shall, directly or indirectly, purchase any product of a farm from any person who is in the employment of another engaged in husbandry, without sufficient evidence of his right to sell, the purchased and seller shall aeh be guilty of a misdemeanor, and, upon conviction of any such offence. shall be liable to a fine not exceeding five hundred dollars. and to sufer imprinment not exceeding twelve months, and shall be liable to a fine at least equal to twice the vaiu2 ofthe pro duct sold; and if that be not im mediately paid, shall suffer im prisonment in the penitentiary, at the discretion of the court. The punishment of felony with benefit of clergy, for the first offence, shall, at the disoretion of the court, be by one or more of the following modes, to wit: con tinement in a penitentiary, work house or penal farm (when such institution shall exist,) for a period not less than three months nor more than ten years, with such im position of hard labor an: solitary confinement as may be directed ; confinement in tread-mill or stocks; solitary confinement, hard labor, corporeal punishment; im prisoriment not less than three months nor more than two years ; fine not less than one hundre i, nor more than one thousand dollars. Where no special punishnent is provided for a misdemeanor, it shall. according to its nature and legree be punished, at the discre tiCon of the court, by one or more of the modes prescribed in the section last preceding for a felony with benefit of elergy. Upon view ofa felony committed, or up)on certain information that a felony has been committed, any person may arrest the felon and take him to a juldge or magistrate, to be dealt with according to law. It shall be lawful for any citizen to arrest any person in the night time. by such effleient means as the darkness and the probability of his escape render necessary, even if his life shoald be thereby taken, in cases where heC has comn nitted a felony, or has ei.tered 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 pro perty, or being under circum stances which raise just suspicion of his dlesign to steal or commit some feony, flees when he is hailed. Whensover hereafter any person shall mirt it hi tte n resie hre.or exhibit an intention storeside, if his bad character or his inability to support himself and fam ily shall be made to appear to the Judge of the District Court, the said Judge shall, by writt.en. warrant. require him to enter, within twenty days thereafter, in a bond, payable to the State, with two freeholders as sureties, whose suiielncy shall be app)roved by the Clerk of the Court, in a penal tv of one thousand dollars, con ditioned for his good behavior, ad( for his continued support of himnself and famuily. And in ease such p)erson shall fail to give the bond1( as so requiredl, the istrict .ludge is hereby authorized and requiired. upon complaint and due( proof thereof; to issu a warrant c>mmnanding such person to leave f he State within ten days there after. And if any such person so t ordered to leave the State shall r not (1o so within the time pre- t srihed in such warrant, -he shall s e guilty of a misdemeanor, and. S upon01 convic'tion thereof, be liable t to ne. imnprisonenit. corporeal j )lll,islh1m1ent am( hard labor, at the liseretion of the Court. If the )ond aforesaid should be given, it hall be kept by the Clerk, and ;uit thereon may be ordered by he District Judge. Ins such suit, my fine imposed upon the prin. .ipal obligor and not paid by him, nd any sums expended for tha ;upport of himself or his family, inder public authority, shall be as essed as damages, to be collected mder the judgment for the penalty )f the bond, which shall be recov ,red upon proof of any breach of he condition. If any person, who hall have been convicted of any nfamous offence in any other state or country, shall come or be >rought into this State, such per ion, on conviction thereof, shall be entenced to transportation be -ond the limits of this State for ife. or to hard labor, with occasion 1l solitary confinement, for any period not exceeding fifteen years. Any simple larceny ofany article >f goods, choses in action, bank bills, bills receivable, chattels, or my articles ofpersonality, of which aow by law larceny may be com mitted ; of all domesticated animals Ind animals fere nature, which ave, in any degree, been subjected :o the control of an owner; of all rowing crops, or parts thereof; )f all annual products of the soil, md of all such fixtures and parts >f the soil as were severed from he soil by an unlawful act, below :he value of twenty dollars, shill be a misdemeanor, and be eon. sidered a petit larceny. N ACT TO PROVIDE AN EXPEDITIOUS MODE OF EJECTING TRESPASSES. Be it enacted, by the Senate and House of Representatives, now aet ind sitting in General Assembly, ind by the authority of the same, That if any person shall have one into or shall hereafter go iu :o possession of any lands or tene nents of another, without his eon sent. or without warrant of law, t shall be lawful for the owner of he land so trespassed upon to ap ~ly to any Magistrate to serve a ~otice ou such trespasser to quit he premises, and if after the ex iration of five days, from person 1l serv ice of u:-h notice, such respasser refuses er neglects to luit. it shall then be the duty of uch Magistrate to issue his war ant to any Sheriff or Constable, equiring him forthwith to eject ~uch trespasser, using such force is may- be necessary : provided, iowevcr, that if the person in pos session, before the expiration of :he saidl five days, appears before such Magistrate and satisfies him :hat he has a color of claim to the possession .f such premises and mters into bond to the person laming the land with good and suficient security to be approved by the Magistrate, conditioned for the payment of all such costs and ~xpenses as the person claiming o be the owuer of the land may ncur in the successful establish ment of hie claim by any of the nodes of proceeding now provided > law, the said Magistrate shall 10t issue his warrant as aforesaid. Sxc. 2. That the Magistrate ~hall be entitled to demand and -eive from the person applying or such warrant, a fee of five dol ars before issuing the same, and he Sheriff or Constable shall, in ike manner, be entitled to demand nd receive a fee of five dollara mfd mileage, before executing such varrant, from the person applying or the same. Ratified Dece'mber 15. ILL-FEELING~ IN FI.oro.-Official a. ounts~ from Florida indicate considerable l.flinig between citizens there, arising rom the possession of confiscated prop rty. Parties who purchased real estate t Confederate confiscation sales, refuse o relinquish their claims to refugee ow rs. The courts, in some counties, have astined the holders of such property, ut issued writs of ejection against per ons holding property confiscated and old by the UnitedA States. General Fos r, commanding the State, thinks that onpe cannot be safely rernoVed.-For.