The Greenville enterprise. (Greenville, S.C.) 1870-1873, April 03, 1872, Image 4
Aaws of the Stat*
A? ?t tko HmnI Am?My ?f l?tk
cmjkm
PUBLISHED Tr AUTHORITY.
AN ACT TO AltiofDAN ACT UNTITLED
"AN ACT PROVIDING FOR TOR as.
SE38MENT AND TAXATION OF PROPERTY,
PASSED SEPTEMBER 16,
1868, AND ALL ACTS AMENDATORY
THERETO"
Seetion 1. Be It eoaeUd by lb? Senate
and Boom ol Representative* of th? State
of Sooth Carolina, now met and sitting in
Ganetnl Am?My. and by the authority of
the aome:
That 108 of the aet entitled " an
net providing for the assessment and taxation
of property," passed September 16,
1868, be, and the same ia hereby, altered
and amended by striking out all the proviso.
after the words "delinquent land sale,"
in the twelfth line; that seetion 114 of the
same act be amended by atrikiog out the
words " two years," and inserttng in lien
thereof the words "ninety day*;" that see*
tion 118 of the aame aet be, and the same
ia hereby, amended by striking out the
words "two years," wheoever the same appears
therein, and Insert in lieu thereof the
words "ninety days;" that seetion 117 of
the same aet be, and the same is hereby,,
amended by striking out the words " one
year," whenever the same may appear
therein, and insert in lieu thereof the words
"thirty days," and by striking out the words
"two years," whenever the same may appear
therein, and insert the words " ninety
days," in lieu thereof; that section 183 of
aid act be, and the same ia hereby, amended
by atriking out the word* "two yeere,"
whenever the same may oceur therein, and
insert in lieu thereof the word* " ninety
daya."
See 5t That so much of the act entitled
"an act to further amend ?n act entitled an
act providing for the abetment and taxation
of property," parsed March 8. 1871, as
provides that all deeds of conveyances of
real estate shall be placed on record in the
office of the County Auditor before the
same can be placed on record in the office
of the Register of Mesne Conveyance, be,
and the same is hereby, amended by adding
the following, viz: "And for each and every
violation of this provisioo by a Clerk of
Court or Register of Mesne Conveyance, he
shall, upon eonviclion before any court of
competent jurisdiction, be fined in a sum of
not less than five dollars, nor more than
twenty dollars, and the costs of the action,
one half of said fine to be paid into the
County Treasury for the benefit of the county,
and the other half to be paid to the coun .
ty Auditor.
Sec. 8. That all lands which have been
forfeited to the State under the provisions I
of the act providing for the assessment and '
taxation of properly, passed September 16,
1868, and other acts amendatory thereto,
shall be advertised by the County Auditor, I
in manner provided by section 107 of said
act, and sold by the County Treasurer to the i
highest bidder, and the County Auditor i
shall execute a "warranty deed" to the pur- <
chaser. The proceeds of the sale, after deducting
fees allowed by law, and paying
the county the amount of taxes and penal
ties due from euch land, shall be forwarded
to the State Treasurer by the County Treasurer,
and shall be credited to the county
trom which it is received on account of the
forfeited lands.
Sec. 4. Tliat all lands and real estate
"within this State, whereupon, or in respect
whereof, any sum of money remains due or
payable after the sale provided for in section
15, chapter IS, title 3, of general slat-utes,
or which are liable to be sold for, or
<on account of any tax laid by or under the
authority of this State, for State or county
purposes, in accordance with the provisions
of either of the several acts, for the purpose
of assessing and levying taxes for the support
of the government of the State, and of
the several counties thereof, passed in the
years 1868, 1869, 1870 and 1871 ; shall be
exposed to sale, and sold for the payment
of euch taxes, and all penalties, costs and
ehargea thereon accrued, on the first Monday
in June, 1872, and from day to day
thereafter, Sundays only excepted, until the
whole thereof shall bo aold, at the place or
places. on the terms and in the manner
hereinafter provided ; such sale shall be by
the County Treasurer of eaeh county, at the
county scat, who shall expose and offer the
said lands at public sale, to be sold and con
veyed in fee simple without any right of re
demption for the payment thereof. If no
person shsil at said sale offer to purchase or
take a less quantity of the land so charged
and offered than the whole thereof, at and
for the amount so charged, for the taxes,
penalties, costs and eharges; the said County
Treasurer shall declare that the State is
the purehsser thereof, at and for the amount
so charged, and thereupon the State shall
become invested in fee simple with the ti |
I Its to Mid lands, and the appurtenance*,
and all the improvement thereon If at
aid *a!a any pernon shall publicly offer to
take a leas portion than tha whole of said
lands, for the said taxes, penalties, coats and
charges, then the said lands shall be sold to
such person as shall offer to take the smallest
portion thereo', and pay the same ; and
upon the payments of the amount so dua to
said County Treasurer, said officer shall execute
and deliver to the said purchaser a
certificate setting forth the fact of such pur*
chase, and the payment of the amount bid ;
and thereupon the aaid purchaser shall be
eotitled to the grant from the Stale of the
undivided right, title or interest, in fee simple
without redemption In aod to all the
landa so sold, and all lands belonging to
any person or persons, or corporation,
against whom sueh tax was levied and
eased, equal to the proportion which ths
amount bid holds to the whole of said lands
so purchased; aad the purchaser shall be
eotitled to demand partition thereof according
to low, ond on sueh partition the
aid purchaaer shall be entitled to e proportional
share aod interest io all the im
provements thereon. In addition to the
soma now see seed and chargeable upon
aid lands, there shall be added at tha time
of aaid sals live per eentura of the amouot
of aeid taxes. Densities, easts and charges,
which Mid euro ie hereby Appropriated for {,
the expeaM a4 Mid wle, and the collection 2
of tin* mooeye thereon. Oneself of one a
per eent. to be for the nee of the eonnty, and t
the balaoee to be paid into the Stele Treae
ury. If any peraon to whom euch lend* t
hall be etruch off aiiell fail forlhwith to a
pay the amount bid therefor, aaid C< unty 0
- r%
Treasurer shall immediately axpot M and of.
fa*?aeli lasdafbr *s-s??eastf ?o m* pN|
II land* rn?iT?d Mtordlng to th# provision*
of thie Ml to (he 3UU Treasurer, and
hall forward aMthly asoouats for raid
fund# la the Stole Treasurer,
See. 6. It shall be lh? duty of Ihe Governor
to eaoae this act to be published la
oeh manner a* shall in Lis judgment be
requisite to give full information thereof,
the exponas of said publication to be paid
or reimbursed out of the funds authorised
hereby to be ehargsd as the ezpsoeea of
aid sale.
Sao. 0. It shall be the duty of each Conns
ty Auditor of eaoh eounty to exhibit the tas
books thereof, showing all d^^qosnt taxes
herein provided for, for sixty days next preceding
sueh sale, and all persons shall be
entitled to Inspect the same between the
hours of 9 o'clock, A. M. and 18 If. each
day, Sundays excepted, and it shall be his
duty to attend said sale with the said tax
books and to fnfoUh ?? T
urer, and all persons requiring the same,
sueh information aa the records of his office
may afford relative to the matters involved
in said sale, aod upon the delivery of the
Treasurer's certificate of sale, to execute a
deed iu aocorJaneo with section 83, chapter
18, title 8, of ths general statutes of South
Carolina.
See 7. That this act shall take effect from
and immediately after its passage, and that
all aeta or parte of acta inconsistent with
the provisions of this act be and the same
are hereby repealed.
Approved Maroh 18, 1873.
AN ACT IN RELATION TO THE BONOS
OF THE STATE OF SOUTH CAROLINA.
Whereas bonds or obligations of this
State have been issued, from time to lime,
to a large amount, In accordance, as was
supposed by the officers issuing the same,
with the authority and provisions of certain
acts of the General Assembly, including "an
act authorizing a loan to redeem the obligations
known as the Bills Receivable of the
Slate of South Carolina," approved August
28, 1868 ; also, "an act to authorize a State
loan to pay interest on the public debt,'
approved August 26, 1868; also, "an act to
provide for the appointment of a Land
Commissioner, and to define his powers and
duties," approved March 27, 1869 ; also, "an
ac> to amend ths last named act, and for
ovner purposes," approved March 1, 1870;
also, "an act lo authorize a loan for the relief
of the Treasury ."approved February 17,
1C69 ; also, an act to provide for the conversion
of Stata securities," approved March
28, 1869 ; and "an act to authorize the Financial
Agent of the State of South Carolw
na, in the city of New York, to pledge
Slate bonds as collateral security, and for
other purposes," approved March 26, 1869;
which said bonds are fully stated and set
lorth it. a report made by the Treasurer of
the State to the General Assembly, dated
October 81, 1871 ; and whereas doubts have
arisen whether said issues were in strict
conformity to the provisions of the said several
sots under which they were respectively
issued ; and whereas it was the true
intent and meaning of the several acts
above set forth that such issues or bonds or
obligations should he made in the manner
in which the ssine have been made, as afore- 1
said, and, whereas, al-o, doubts have been
raised as to the validity of some of the bonds
mentioned in the said annual report of the
State Treasurer, for the fiscal year ending
with October 81, 1871, although money has
been borrowed by, or realized out of, said
bonds on account of this State ; and whereis
the credit of this State has been affVcted <
hereby; I '
Section 1. He it enacted by the Senate 1
ind House of Representatives of the State '
>f South Carolina, now met and sitting in <
ieneral Assembly, and by the authority of '
he same:
That the said bonds and obligations, is- *
lued on behalf of this State, ss mentioned '
uid set forth in the report of the Treasurer I
of this Stats to the Qeueral Assembly, dated'
October 81, 1871, were duly and lawfully 1
issued in conformity with the true intent I
ind meaning of the several acts of the General
Assembly, hereinbefore set forth by '
their respective titles. 1
See. 2. That the aets of the officers of this
State, authorized under the provisions of 1
ihe laws of this Stats, end of the several
sets hereinbefore referred to, to the extent
of all issues of bonds or obligations enumerated
and set forth in the Mid report of 1
the Treasurer, be, and are hereby, in all 1
things, ratified confirmed and established.
See. t Tbst each and all of the bonde 1
named in said annual rjpoi t of the Treaeurer
of this Slate for the fiseai year ending
with October 81, 1871, be, and the saase are I
hereby, declared to be legal and vaild
sonde of the Slate of South Carolina, for the <
payment of which the faith, credit and funds i
>f the State have been, and are hereby I
oledged ; provided, that no bonds be inclu- i
led which are not registered in the Treasa <
y at the time of the passage of this act, as i
Provided for in section 14. article 9, of the
Constitution, relating to finanoe and taxas I
ion.
HfC 4. The section of each of the acts nnl?-r
which Mid bonds purport to be iMued,
which provides for an annual tax to pay
he interest is hrreby declared *o ba a part
>f this act; an annual lax, in audition toall
ither taxes, shall be levied upon tba pro
tcrty of the State sufficient to pay the ins
ereat on tba bonds named in, or provided
or by this aat, uatil tba prinoipal of Mid
mods shall become duo, ouch payment to
>e made in United Steles currenoy only.
See. 5. Hereafter every bond converted
>r issued under or in pursuance of any of
he laws of this State, shall be of the de
cription and style of those heretofore issus
id under an act entitled "an sot to provide
or the conversion of State securities," aptroved
March 23, 18A9, so that all the
mads of this 8tete shall be of on# deaorips
ion and style, as soon aa the exahange ean
m mads ; provided, that all bends of the
itate of South Carolina, eooverted iolo stock
>f said State, and all stoek of the Stats of
louth Caroliaa sou verted into eon version
mods of the State, aa provided in the act
lereinbefore mentioned, approved March
3. 18A9, shall be cancelled immediately
pen the conversion of the same, and rr>
irad from issue or hypothecation.
Sao. A. All bonda heretofore authorised
o ba iaeued, shall he issuod in pursuance of
od in ooaformliy with the provisions of
f this set, and shall be converted 'into "
1 J,I~- L-l - I-11
bonds, of the style and description named
in the asat-pfoeodingooelfcm, as speedily aa'
thr same nan be done
80s. 1. That nsitber the sans nor sotnr
realised from any sale or sales of any of the
bonds of this State, nor the meaner of sale
of any of the bonds of this State, shall in any
maoner affect or impair the validity and
obligation thereof.
See. 8. The Governor is hereby authorised
and required to sign all the bonds
named In this act. The 8tate Treasurer is
authorised and required to countersign the
same. Aad the Secretary of State is author
ised aad required to afflx the seal of the
Rial. I- Ik. ?L.- Ill-? -i-?? ?
?v Hiw wiNiuuiuvavji profKXtQ*
that no bond* hall Im signed bj the Ooveroor,
or countersigned by the 8tnU Treasurer,
exeept for the conversion of bonde or
took* already issued pnrsoaot to law.
See. 9. Nothing contained In this act shall
authorise the issue or conversion of any
bonds of this State other than those named
in the report made by the State Treasurer
as specified in the 8d section of this act, nod
such as have been authorised under previous
laws of this State. 1
Sec. Id The Commercial Warehouse
Company, in the city of New York, and
Carolina National Baokf in the city of Columbia,
Sooth Carolina, ara hereby declared
to be authorised places for the registering
of bonds, coupona or etoeki of ths State
of South Carolina, nod they nre authorise 1,
on the passage of this set, to immediately
advertiae, in one or two ol the principal
papers in each of the eitiea of New York,
Columbia and Charleston, to the holder* of I
11 the bonds, coupon* or stock of the State
of South Carolina, the necessity of registering
their bonds, ooupons or stock at one of
the above authorised places of registry. In
the registration of said bonds, coupons or
stocks, the number and denomination of
each bond, coupon, or certificate of stock,
the act under which it wss issued, and the
name of the person, association, corporation
or firm representing the same shall be recorded,
and the time and plsee of registration
elinil be endorsed upon said bonds, cou
pons or stocks, so that the same bonds, cou
pons or stock may not be presented at more
than one place of registration. It shall be
the duty of the said Commercial Warehouse
Company, in the eity of New York, and the
Carolina National Bank, io the eity of Columbia,
South Carolina, to publish in the
cities of New York, Charleston and Columbia,
quarterly statements of whole amount
of the bonds, coupons or stocks registered
by them, the number, denomination, and
the act uuder which they were issued. The
State Treasurer sod Financial Agent of the
Stale, io the city of New York, shall not
pay iotereet on said bonds or stocks until
they have been registered according to the
requirements of this act.
Sec. 11. All acts or parts of sets contrary
to, or inconsistent with, this act are, for the
purpose of this set, but for no other purpose,
hereby repealed
See. 12. This set shall take effect immediately.
Approved March 13, 1872.
AN ACT TO INCORPORATE THE SOUTH
CAROLINA AGRICULTURAL COL
LEGE AND MECHANICS'INSTITUTE
Section 1. Be it enacted by I lie Senate
and House of Representatives of the State
ol South Carolina, now met and silting in
General Assembly, and by the authority of 1
the same:
That a College and Institute of Mechanical
Arts be estabiislied at Orangeburg, S. (
C., in connection with the Clafflin Unirersi
ty, to be called the South Carolina Agrieul ]
ural College and Mechanics' Institute, in f
iccordanee with the provisions of the Act i
if Congress, passed July 2, 1362, and all (
\cts amendatory thereto The design of t
he Institution shall be to afford instruction t
n practical and theoretical agriculture, me- *
hariical art and military laotics and train- 1
ng. I
Sec 2. That the supervision and control *
if the Institution aforesaid shall be vetted '
,n a board of Trustees, in connection with 1
.lie Board of Trustees of the Clafllin Uni- (
varsity, to be known by the name.siyl*
and title of the Board of Trustees of the
South Carolina Agricultural College and
Mechanics' Institute ; said Board shall consist
of nine (9) members, and shall be chosen
by joint ballot of the General Assembly,
provided that the first Board of Trustees
shall be appointed by the Governor, ae follows:
The first three shall be elected for a
term of three (3) years ; the second three
lor two (2) years; and the third three for
one (1) year; and the General Assembly
shall annually thereafter eleot by joint ballot
three (3) members of said Board, whose
term 01 omen srisn oc inree (H) years; said
Board may elect its own chairman. The
rrusiees thus appointed tnd elected shall,
In connection with those of the Clafflin Uni
verally, constitute ene Board, and may
elect a chairman; a majority of the Board
ihall constitute a quorum for the transaolion
of business. They shall receive no
compensation, but shall be paid their traveling
and other expenses whi a employed
on the business of the Boerd.
"fees 8. The raid Board of Trustees shall |
t>e a body corporate, capable in law of au- ,
ng and being sued, holding and selling
'eal, personal and mixed property, ol con.raoting
and being oontraoted with, of hav* (
ng and using a corporate aeal, aod of eaus- ^
ng all things to be dons to oarry oat the
purposes of this Aet.
See. 4. Should any vacanoy occur in aaid
Board of Trustees, it shall be filled by the ,
-emsining members of the Board. I
See. A. It shall be the duty of the Board ,
>f Trustees to mset and organize within |
hirty days after the passage of this Aet, at ,
he call of the Governor of the State, or ]
my two members of the Board. I
See. 4. The Legislature shall appoint a (
Board of visitors bl-ennialiy, who shall re- (
>ort each yearNpon the condition and effi- (
liency of this Institution. .
H.. 1 Th- ?l T ?
.. - uv. vj in 11 Uiirm unil ?P" |
>oint a Secretary And Treaeurrr, neither of ,
vhom ?I?aII be a mtmb?r of raid Board.? |
rheee offieeraehall bo roqulr?d to giro auoh ,
>ond aa will eecure a kafe admloiitralinn y
?t thair dutioa. Tito Secretary ihall alao ,
III tha office of General Superintendent of |
Ilia Inatitotioo, opoa whom abell devolve a t
|ow?r of general adminietratlon over all the ,
property of thla aorporatlon, for ite better |
.reaervatloo nod improvement, and who ,
ball alao have tho power, at any time, to ,
all a meeting of the Board of Trueteee: t
'rovided, That no power herein granted to t
he Secretary xhall extend to making any f
naterlel ehangee, except with the concur* ' |
?
rence and authority of tha Board of Troa*
lata. Tha aalarlea of lhaaa oBmw (ball be
determined by the Board.
Sea. 8. Whenever the Board of TrUateea fn?
port that they are organlied,and prepared for
action, tha Governor thall eiecute a draft oft
tha State Treasury for the amount of Internet
due on the fund inveeted under the prorielotia
of the Aet of Congresa, and which ahall all be
under their entire and eaeineive control, aa
likewiae ahall all intereet afterward* accruing
from eaid ftind. They abali, alao, have fnll
eeatrol of all moneya donated, appropriatlona,
laada or nronertv whatsoever, nomine into the
posnsalon of tbla corporation.
8*e. 9. The Secretary shall res Ids on tbo
grounds of ths institution, and besides exer?
Citing a general supervision over all the pro*
pert/ under bis care, shall keep a complete
system of records. He shall open correspondence
with societies for the promotion of Agriculture,
and make use of such means to alioIt
Information upon all industrial topios as
shall be conducive to the material welfare of
the College. He shall seek to obtain suoh contributions
for the museums and library of said
College, as shall benefit the Interest of Agriculture
and other industrial arts and scienoe.
He shall also keep a correct account of all the
proceedings ot the Board, and an accurate account
of all the moneys received in the Trcas!
ury, as well as those paid out. The Secretary
shall report to the Legislature at every regular
session, which shall embrace all suoh statements,
aocounts, statistics, essays, and other
information relative to Agriculture, as may be
valuable, and also, the proceedings of the
Board of Trustees of said College, to be approved
by aaid Board.
Sec. 10. The Board of Trustees shall procure
a site for an experimental farm, of such
site as they may deem necessary, to be located
u u?r practicable to the present location
of the Clafflin University, ao aa to combine, aa
much aa poaaible, practical training with theoretical
inatructioo in the acience and art of
Agriculture. To carry out tbe foregoing proration,
the Board are authorised to expend a
sum not to exceed one-tenth of the amount of
the fund to which thia State ia eutitled under
the Act of Congrcsa.
Sec. 11. Studenta ahall be admitted into
aaid College from oaoh County, after a competitive
examination among the acholara belonging
to tbe public achoola in such county, in proportion
to the number of the repreaentation in
the Legislature. The time and manner of con.
ducting aaid competitive examinations to t>e
regulated by the Board of Truateea : Provided,
That no atudent ahall be allowed to eater
the College whoae qualification ia below
the atandard of the elaaa to which he ahall be
aaaigned. Provision shall, also, be made fur
receiving students from any school, or other
source, whose qualification ahall fit them for
entering the classes to which admission is
sought. Special studenta who wish to pursue
any particular branch, but who do not desire
any degree, may be admitted to study under
snch terms as the Board shall regulate.
Sec. 12. The course of instruction shall include
the English language and literature,
mathematics, civil, mechanical and military
engineering, agricultural, chemistry, mineral'
ogy, animal and vegetable anatomy, and physiology,
veterinary art, entomology, geology,
political, rural and household economy, horticulture,
moral and natural phylosophy, history,
book-keeping, military training and tac
tics, and especially the application of sciences
and the mechanical arts, to practical agriculture
in the field.
Sec. 1.1. That the College shall not be controlled
to serve sectarian or political partyidntercsts,
but shall be conducted for the promo
lion of the general good of the State aa proviled
for in thia Act, and the Act of Congress
>f which this forma a part.
Sec. 14. For the current expenditures of
laid College, certain sums of money shall be
let aside in the hands of the Treasurer by tbe
Hoard of Trustees, which shall be subject to
he warrants of tbe Chairman of tbe Board,
Irawn in pursuance of the orders of tbe Board
if Trustees. All income resulting from labor,
>r other sources, ahall be paid into tbe Treasiry
of tbe College. All moneys due to the indilution,
or received in its behalf, shall be col?
?J I J I? o
-v.?? ?.<? ivmnou uj mo Decretory, ma ae>ogited
by him with the Treasurer of the
itate Board of Trustees, taking hi* receipt
herefor. The Secretary shall, with hia annail
report, render a full and complete account
>f all moneys received, and all amounts drawn
>n the Treasurer by him as Secretary of the
Board, and shall file and preserve all Touchers,
receipts, correspondence, and other papers
relating thereto.
Sec. 15. The College shall have no connection
whatever, nor be in any way controlled,
by a sectarian denomination.
Approved March 12, 1872.
AN ACT TO REDUCE ALL ACTS TO DE
TEKMINE AND PERPETUATE THE
HOMESTEAD, INTO ONE ACT, AND
TO AMEND THE SAME.
Section 1. Be it enacted by the Senate
and House of Rcpreeentalivee of the State
of South Carolina, now met and sitting in
General Assembly, and by the authority of
the earns:
That whenever the real estate of any
head of a family resident in thia State shall
be levied upon by virtue of any meeoe or
final process issued from any court upon
any judgment obtained upon any right of
action, whether arising previous or subsequent
to the ratification of the Constitution
of the State of South Carolina, if the same
be the family homestead of soeh perron, the
Sheriff, or other officer, executing said proi?M,
shall canes a homestead, such at eaid
person may select, not to exceed the value
of one thooaond dollars, to he set off to aaid
person in the manner following, to wit: ?
He shall cause three appraisers to be appointed,
one to be named by the creditor,
one by debtor, end one by himself, who
ihell be discreet and disinterested men, to
be eeleeted from a different neighborhood.
ind in no wIm related to atlher party. raadent
in tha county, and who ahall be
iworn by n Trial Junto*, or Juatioe of lh*
Peace, to impartially appraia* and a*t off,
i>y melea and bounda, a homestead of the
Mlala of the debtor, eueh aa ha or ahe may
leleet, not to exceed the value of on* thooitod
dollar* ; and the aaid appraieera aball
proceed accordingly to act out the homes
itead, and the ectsoff and aaaignment ao
nade by the appraiaera aball be returned
?y the officer, along with aaid proceae, for
'eeord in court; and If no complaint ahall
>e made by either party within thirty day*
hereafter, no further proceeding a ahall he
tad agaloet the homeatead, bot tha reaidue
>f the landa and tenements of the bead of
.he family, if any mora or othar he aball
>ava, ahall be liable to attachment, lew.
n.d mIi: Provided, that npon food aeti|a
h?wn wlthia thirty daya aftoi aaaifnmaat
>f tha horeeatead, tha eourt out oI whlah
ha proaraa ioauad may order a re-appraiae<
nant and r?-a?ali;nrnant of tha homaaUad
.Jr Other appraiaara app lot ad by tha
t
-l-J Ul I UIU-LM-II-I '
?o?rt I And provided, further. That ehould
th? wvditon or debtor neglect or refSee,
Iter due notice fro* the officer ea*eutiog
t he proceefl, to nooiir. ate en ipprtitir, then
Mid officer ehell appoint the Mine,
OM. 1. WMWfrt the personal property
of the head of fctty family roaidtng to Ihla
Slate, whether the aald peraon owoa a
homeatead of real eatate of not, la taken or
attached by virtue of any mcane or float
proceaa iaaued from aoy court, and aald peraon
ahall elaim the property, or aoy part
thereof aa exempt from attachment and
aale oa aoeouat of the aama being the annual
product of his or bar homaataad, or aa
subject to exemption under the Constitution,
and the creditor and debtor do not agree
about the same, the offloer executing the
acid process ehall eauee the same to be ascertained,
and all exempted property aet
out by appraisers appointed and sworn for
the purpose, aa provided in the preceding
section for setting out the homeatead, subject
to like limitations and proviaiona, sod
the residua, If any, aha)! be sold, for tha
payment of debts, which proceeding ehall
be stated in the officer's teturn of such
proeese.
8ee. 8. That, if the homestead assigned
under eectioo 1 of this Act shall not aasount
in value to ona thousand dollars, than tha
Sheriff, or other offioer, who shall make
aala of tha residue of the real eatata of tha
person claiming the homestead, ahall pay
to aald peraon, in prelersnce to all othar
claims, ont of tha proceeds of sa'd sale,
such s sum in money as will make up the
ens thousand dollars.
Sec. 4. That the homestead, when asisgn
ed as herein prescribed, shall vest in the
heads ol the family in fee simple, and be
freed and discharged from all debts and iia<
bilities whatever, to long aa ho or she shall
remain resident in this Btate, and no
longer.
Sec. 6. That the head or head* of any
family to whom a homeatead hall have
been assigned u^der this Act, may a?U and
dispose of the same, and execute good and
legal titles thereto: Provided, They shall
deposit the money arising from the sale
thereof, in the custody of the 8herifF of '.he
county, until they shall purchase another I
homestead within the limits of this Slate;
the said Sheriff to be responsible for the
money ao deposited upon his official bond
See. 0. That the said Sheriff shall not pay
out the money so deposited, ixcept te the
persm from whom the head or heads of the
family may purchase another hoimslrad,
as hereinbefore prescribed, or so much
thereof as will pay for the same The residue
of the money deposited, if any, shall
then be paid to the person or persooa who
deposited the same: "Provided, That 'll
another homestead shall not be purchased,
within the limits of this State, within three
months from the date of deposit, the Sher>
iff, or other officer, shall apply the money
so deposited to the payment of the debts
due from the depositor, if any there be
Sec 7. That the exemptions contained in
the preceding sections of this Act shall
not extend to an attachment, levy or sale
on any mesne or final process issued to secure
or enforce the paymeut of taxes or <>b
ligations contracted for the purchase of
said homestead, or obligation* contracted
tor tlie erection of improvements thereon:
Provided, The court or authority issuing
said process shall certify thereon that the
same is issued for some one or more, and no
other, of said purpose* : Provided, further.
Tl>* yearly product of said homestead shall
be subject to attachment, levy and sale, to
secure or enforce the payment of obligations
contracted in tha production of the
same; but the court issuing the process
therefor shall certify thereon that the same
it issued for said purpose, and no other.
See 8. The widow and minor children of
any deceased father or husband shall he en
tilled lo the right of homestead. When a
widow or minor children are entitled to an
ealaie or right of homestead, the same shall
be set off, and the title executed to the parties
entitled by the Judge of the Probate
Court, who ehall appoint three disinterested
peraons, resident in the county, who.
having been duly eworn, shall proceed to
appraise and set out, by metee and bounds.
auch homestead, and make return to him*
If no complaint thai) be made against aaid
appraiaal and aelling out of the homeelead,
with:n thirty day a thereafter, by any party
interested therein, the aame ahall he eon.
Armed by the Judge, and ordered aecordingly.
See. 9. That one-third of the annual
produola of agricultural laborers, mechanist,
artlaana and tradesmen of every deter
Ipt ion, without regard to valuation,
character or eondition of prodnete or earning?,
ahall be exrapt fr?m attachment, levy
and aale, except to enforee the payment of
taxes.
8ee. 10. That no Sheriff, Conatable, or other
officer, wboae doty it is to enforee executions,
shall proceed in any other manner than ia
preaeribed in thia Aet.
Sec. 11. Should any officer eeli any real eatete,
or aell or remors any personal property
of the bead of any family, whether the head
of aueh family ia a free-holder or not, without
his or ber content, in riolation of the pro vie
ions of thia Act. and of taction 82 of Article 2 of
the oonatitntion of the State of South Carolina,
ha ahall be deemed guilty ef malfeaeanee in
office ; and, on conviction thereof, (ball, for
the first offense, be fined in a aum not less than
five hundred (600) dollars, aor more than on*
thousand (1,000) dollars ; and, for the second
offense, shall he dismissed from ofHoe; and, in
either oase, shall be liable to the parties for
all injuries by reason of his wrongful levy or
ale.
8ee 13. Appraisers appointed to set out the
homestead, under this Aet, shall receive, as
compensation, two dollars, eaeb, per day, and
Ore sen to a mile for every mile noeessarily
traveled, for such serrices. The Trial Justice,
or Justice of the peaoe, who qualifies the appraisers,
shall receive seventy-five cents, and
fiva cents a mile for every mile necessarily
traveled, for such services. The foregoing
fees shall be paid by the oAcer executing the
nOAAsss svseft m# ft Vim nvAMrtn a! ft lam stmVaftmm a mm In
r""v"" " " r?r"v " ?' ?> ? (
eaaa of tba homaataad ant oat to a widow or minor
children, oat of tbaaatata of daaaaaad, by tba
asecntor or administrator tboMof. Tba 8bariff
la baroby authorised to retain two and ona
half par oaat. oa arary ana band rod dollara
deposited witb bim, aa diroatad by tbia Act,
aa oompannation for roeeirlag and paying oat
aaoaoya ao dapoaitad.
Baa. IS. All Aete, or part* of Aata, inaon iatant
witb tbia Aat, or aappllad by U, be, tad
|||^
Approval Marat IS, 1STS.
a 1^1 ?
Tana ara 1S4 aollagaa for women in tba
Unitad Stale*. ,,
tMaMBfHMMHftriHiHMi
tho oottrt of nwm plm, it UbImtIA*, foY
tho ?tw(Jf of Union, ob tho trat WidiNdty
after tho third Mo*6*t of Hwoh, July nod
"rm\?a*i*ru SP~
I . IIMPMHPI
AN ACT TO AMSND SKgElOflS
Of T11K COD* OF PROCEDV RB RBLAUNO
TO TH* CIRCUIT COUW*. ")
Section 1. B? it enacted by the Senate and
Howe of Repress iiUtirst of the Btatl of
South Caroline, Row dm! aad sitting,Jo Ben*
ral Assembly, aftd by the authority of the
tSHt,' r # :> / ; TTA
1, That the Conatlea of Aiken, Beaufort,
Barnwell and Colleton shell constitute the Second
Circuit*
"1 That the Conuttes of Sumtef, Clarendon,
Williamsburg aad Georgetown shall CentsUat
the Third Clreait. ,
S. That tba counties of Chestarfield, Marl*
boro', Darl ugton, Marlon aad Horry shall sen*
stitute the Fourth Cltewft. * v ' \
4. That the com lit ot Chester, Lancaster,
York and Fairfield shall eonetltata the Sixth
Circuit. * V \ \T\
I. That the eoanttos of NewberVy, Laurens,
Union and Spartanburg shall constitute the
Cerentb Circuit.
8?o. J. The Circuit Court* la (he Second cir*
cult (bill be Mi m Callows i m ^
1. Tbu court of Qeuuvul Sessions, ?l Atken,
for tbc county of Albeit, oa the tecofld Monday
of January. May and September | and tbc
Court of eommon pica*, at Alien, for tha
county of Aiken, on tbo flrct Wednesday after
the second Monday of Jauuary, Hay and September.
2. The Court of (Tenera 1 Sessions, at filaek*111#,
for tbo county of Barnwell, on tbo third
Monday In January, May and September; and
the Court of common pleas, at BlaefceUle, for
the county of Barnwell, on the fourth Monday
of January, May and September.
3. The Court of General Sessions, at Beaufort,
for the county of Beaufort, on the first
Monday of February, Juna and October j and
the Court of common pleas, at Beaufort, for
the eonnty of Beaufort, on the seoond Monday
of February, June and October.
4. The Court of Qeneral Sessions, at Walterboro',
for the oounty of Colleton, oft the third
Monday of February, June and October; and
tba Court of common pleas, at Walterboro', for
tba county of Colleton, on the fourth Monday
of February, June and October.
See. 3. Tbe Circuit Courts in the third cirouit
shall be held Its folldws :
1. The Court of General Sessions, at Sumter,
for the eounty of Sumter, on the second Monday
of January, May aad October; and tha
vourt oi common plena, nt Sumter, for the
county of Sumter, on the first Wednesday after
the aeoond Monday of January, May and
October.
2. The Court of Oeneral Sessions, at Manning,
for the county of Clarendon, on the
fourth Monday of January, May and October :
and the Court of common pleas, at Manning,
for the county of Clarendon, on the first Wednesday
after the fourth Monday of January,
May and October.
3. The Court of Oeneral Sessions, at Kingstree,
for the oounty of Williamsburg, on the
first Monday after the fourth Monday of JanI
uary, May and October ; and the Court of common
pleas, at Kingstree, for the county of
Williamsburg, on the first Wednesday after
the fourth Monday of January, May and October.
4. The Court of Oeneral Sessions, at Georgetown,
for the county of Georgetown, on the second
Monday after the fourth Monday of January,
May and October ; and the Court of common
pleas, at Georgetown, for the county of
Georgetown, on the Irst Wednesday after the
second Monday after the fourth Monday of
January, May and October.
Sec. 4. The Circuit Courts in the Fourth circuit
shall be held as follows :
1. The Court of General Sessions, at Chesterfield,
for the county of Chesterfield, on the
first Monday of January, May and September ;
and the Court of common pleas, at Chesterfield,
for the county of Chesterfield, on the first Wednesday
after the first Monday of January,
May and September.
2. The Court of General Sessions, at Bennettsrillc,
for the County of Marlboro', on the
third Munday of January, May and September
; and tba Court of common pleaa, al Bon*
net tarille, tor tho county of Marlboro', on tbo
drat Wednoaday after tho third Mouday of
January, May and September.
J. The Court of Qenpral Seaaiona, at Darlington,
for tho county of Darlington on the flnt
Monday of February, Juno and October : and
the Court of common pleao, at Darlington, for
the county of Darlington, on the drat Wednoaday
after the tret Monday of February, Juae
and October.
4. The Court of General Seooiono, at Marion,
for tho county of Marion, on the third Mon
day of February, June and October; and the
Court of common pleae, at Marion, for the
county of Marion, on the drat Wednoaday af
tor the third Monday of February, June and
October.
&. The Court of General Seaaiona, at Coawayboro',
for the County of Horry, on the
drat Monday after the fourth Monday of
Marob, July and November; and the Court of
Common Pleaa, at Conwayboro', for the County
of Horry, on the drat Wednoaday after the
drat Monday after the fourth Monday of
March, July and November.
Bee. J. The Circuit Courta in the 8lgth Circuit
ahall be held aa follow*:
1. The Court of Geaeral Seaaiona, at Cbeaterville,
for tbo county of Cheater, on the drat
Monday of January, May and September ; and
the Court of Common Pleaa, at Cheetervllle,
for the count/ of Cheater, on the drat Wednoaday
after the drat Monday of January, May
and September.
J. The court of General Seaaiona, at Lancaster,
for the oounty of Laoeaater, on the drat
Monday of February. June and October s and
eourt of common plena, at Lancaater, for the
county of Laneaater, on the drat Wednesday
after the drai Monday of February, Jan* and 1
October.
?. The Court of General Seeotoue, at Turk ille,
for the county of Turk, ow the drat Monday
of March, July and November; and the
eourt of eommoa plena, at Yorkvilie, for the
couaty of York, on the dret Wednoaday after
the drat Monday of March, Jnly and Nftremher.
4. The eourt of General Seaaiona, at Winae
ooro , lor tk? county of FoirAold, n (1m flrat
Monday of April, August sod Dmnktr; and
lb# court of common pUas.^l Wlnnsbnro', for
tho county 01 FoirAold, ou tbo Ant Wodnocdoy
fur tbo Arul Monduy of April, August and
DwwWr.
See. A. Tbo circuit courts in tbo aoroutb oireuit
aboil bo bold oa follow a: .
1. Tbo court of Oouorol Sessions, ot Now
borry, for tbo county of Now berry ,ou tho tbird
Monday of January, Hoy and Noptowtboriand I
tbo court ot oowaasou pUoa, at Now borry, for
tbo county of Nowborry, oa tbo'A rat Wod^po
any attar tha third Monday of Janaary, May
and Saytaaabar. t V
S. TW eonrt of Goaaral Baartoaa, al Laaranirllla,
for tha eoanty, af Lpwwi, on tba
third Moaday of Fohrnary, iaa* aad Oatobar;
aad tha aoart of aonmoa plaa# at Iiawnai
rilla, far tha aaaaty of I.aaaia, aa tha IM
Wadaaaday iflw tha third Maalhy a# Mmary,
Jaaa aad OataWr.
t. Tha taait of Uaaaral Brut una, at VaUa HW,
far tha aoaaty of Uaiaa, aa tha third
Moaday of If areb, Joly and Ifovantbar; aaj
SffiEfBSgsS
rata bar. 51 i ? f K <?lJl IL
Sec. 7. That all writ* and prooeomg. which
ball have bean returnable to tha eonrt* of
nap of tha aaid countiaa, according to tho law*
baratofora of force, ' ball be legal and valid,
to all latent* and purpasa*. for thoeoarta next
to be hold la tha aaid eonntiea, racpectivalpy
aooardtog to tha provialon* of thlsaet; and
all poraoaa alraadp waaiail, or who map
hereafter ho aaa IB lA ty imalitba court* of
aap of fold cbuhtbi, a* Juror* or wltanma*, or
SFaiSKKai
forea, cfaall bo, and arc haiabp required to attoad
or apyaar at the apart* of the aaid conntie*;
*eapoa?lvn?r, *** to ba bald, aeeortiog
to tha proviaioa* of thi* apt.
Approved Mar?h9, 1871.
AN ACT TO CHANTER Bin SOt/sK ftttt.
RT. OVNR BRAUPORT RIVER, II*
B8AUJTORT COUNTY.
Section 1. Be it enauied Ab tfem Sonatar
ltd Hc?ia of Representatives ?f Um Slat#
of South Caiolina, n* mat (ltd aiuihg HP
General Assembly, and by tba IdlwtHy of
theaama:
That a public ferry b#, Ind la bar a by, e*<
tabliahrd and- ebarterad to reach and ?!
tand acroaa the Bean fori Rte?r, In Beaufort.
County, at a point called " 8am'a Polat "
a ad that the aaid Parry be tested in Christopher
Green, bit halra and assigns, for Uta
term of twenty yea re, with lha aama rate*
of lolla aa waa form arty allowed to the ferry
known aa the " White Hall Perry," iw
aald county ; provided, that ehildran guing
to or returning from echoola, or otheregoing
to or returning from the polls, be pataed
frae.
Approved March 9,1873.
AN ACT TO INCORPORATE THE BROTHERLY
ASSOCIATION, OF CHARLESTON,
8. C.
Section t. Ba It enacted by tba 8enate an a
Houaaof Representative! of the State of Socth?
Carolina, now mat aad sitting In Oanaral itaembljr,
and by the authority of tba aao f r
That W. Wallacs, B. K. KUoch Edward
Fordham, M. J. Simonde, Thomas Leasesne,.
A E. O'Neil, and their wseocletes and succesaora,
are hereby declared to ba a body politic
and corporate, in dead and in law, by thename
and atyla af tba "Brotherly Association,
of Charleston, 8. C.," and hy the said name
. hall hare perpetual succession of olBoers and
members, and a common seal, with power ta
change, alter, and make new the aama, aa often
as the aaid corporation ahall judge expedient.
Sec. 2. That the aaid corporation shall be
capable in law/ to pmtubaee,- hard, hold, receive,
enjoy, possess and retain to itself in par-,
petuity, or for nhy term of years, any lands
for the purpose of interments, or other property
of what nature sosfer, not exceeding the
alua of fifty thousand dollars, or to ssll or
alien the same, as the said corporation ahall
think fit, and by its corporate name, to sue
and ba sued, implead and ba impleaded la any
Court of Law or Equity in this State,?apd to
make aueb rulai and by-laws, not Mpifannt
to the lews of the lend, at Tor tbe order, good
fovernment and management thereof, may be m
eemed necessary and eipedient.
Sec. 3. That thin aet tball be deemed a pubHe
Act, and continue in foree until repealed.
Approved February 2T, 1871.
AN ACT TO CHANGE THE NAMES OF
LKK ADEAMS. JOHN AURAMS. DUNLIN
ABKAMS AND MAHY AURAMS,
TO LKK FERGUSON, JOHN FERUUSON.
DUNKLIN FERGUSON AND MARY
FERGUSON. RESPECTIVELY. AND
TO PERMIT CHARLES M. FKROUS0N
TO ADOPT THEM AND M\KE THEM
HIS LAWFUL HEIRS.
Whereat the aforeeeid Lee Abrama, John
Abrautt, Dunklin A bra mi and Mary Ahratne,
are all the minor children of Francis E.
Abrama. now intermarried with the an id
Charlea M Ferguson, who it deairoua of treatin
aaid children, in every reaped,ns bit own,
to confer upon them hia own naptel And to
make them bia lawful beira ; therefore,
Section I. Be tt enacted ny the Senate and
House of Repreaentativea of the State of South
Carolina, now met and sitting in General Ae?
aembly, and hy the authority of the tame :
That the namir of the Kid Lee Abrama, John
Abrama, Dunklin Abrama aad Mary Abrama
be changed, respectively, to Lee Ferguson,
John Fergaaon, Dunklin FebgUaon and Mary
Fergaaon. 'I r 7
Sec. 1. That the aald Lee Fergaaon, John
Ferguaon, Dunklin Ferguaon and Mary Ferguaon
shall, hereafter, he deemed lawful hairs
?f tbe agid Charlea M. Ferguaon, and ahull,
upon thu death of tbe aaid Charles . Ferguaon,
providing he die IntestatUt inherit his
property, in common with hia other lawful
Approved February 27, 1872.
AN ACT TO INCORPORATE TIIE FIREMEN'S
TN10N OF CHARLESTON, B.C.
Section 1. Be it enacted by tha Senate end
House of Repreeiatativea ef tha Stata ef South
Carolina, now met end aitting in General Aaaembly,
and hy tha authority of thu aame a < %,
That Thomas S. Dbnnienu, John R. Campbell,
Parria S. Attlla, H. Bolden PiekaUfiack,
Arthur Q. Mitchell, Natbaufl. Robinson,.Dan.,
led L Brawn W. E. Elliott, a^d such other persons
aa may now, or hereafter shall be, assoelated
with tham ate bar*k? ?-t- ?' A
clarad to ha 0 body pujitic and corporate, by
the tut* ud style of tbe " Tbo Firemen's
Union, of Charleston, S. C."
8oo. 3. That tba said association ahall ban
HMMikiB of oAoars and membara, according
to iu by-laws, ahall ha*a no war to naka bylawa,
not repugnant to la#, and to bar# and
us* a common aaal, and tba asm* to altar and
aaaand at will, to taa aaJ ho aaad, plaad and
h* imp loaded in any court lu this Stat*, to retain,
poaaaaa and onjoy all rsal and poraonal
property tbat it may now bar#, aw may bat*after
acquire, to th* ralaa of tan thonaand dollar*,
and it |a baroby empowered, at any tlma
it may be dec mad banefleial to tba corporation,
to aoil, alMau or transfer tba aaana.
Sao. i Tbat tbia aet aball b* daamad a pnhUa
act, and aoutfaaua in fWroa until rap salad.
Approved Mareb 9, >873. . f
Wbaraaa, tba Consultation of South Carolina,
in Article 3, Section lQrmlrea a gener.
al election la be bold on th* third Wednesday
in Oatahaa, In anary Maond year aftap eighteen
buadrad and aavanty f and, uhaaaaa anon in
arary four j)?ars an e'ection is required for
rrvaiuvnui nwoiurs, VINO pupg th?
^aKfwwv|yivv?'3'afw?,
ft^raisry??2? A?k">
tkM thi following Mnoadthont to th? Con^pe^mernrjfc
ganorol olootfon; nod, If n majority of tbo
lootoro qoalMM I* for Whai of tbo
Qonoral A.M?My. oottng iborooo, ?ba)l t<&?
IDOlV| ^ItfritlOn flVn MrfWI AniftnVT t
rotifjr ih# fmm amendment, b* }*M and dot*,
It aball bo port of tbo Oanatltatlun, to wit t
drod nod wrwlT, twrttoyb tbo foortb and ? '
ftb Itnoo, tod tmrt tbo fallowing t *dM
forever thereafter, ea tk* tanhMfftM,
>n| the lw> Haeftey ia iMMtkw m wwy
nmi4 rear, iaeaek leaner, w4e>wft plaee
ae ^ ^
wMu^^ory^t^ej^^iy'n, SEtt!"
eeM iS?Nl efcaU ea* u WJloi wHh tk,
follow!** f?f? >wiea av prlateA thernon.,
* OertUaUoeel Amendment, {fa/ "
Approved ftfarth t, |?7J,