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% / . the Canraster.. jCehfler. toli'MB xv. Lancaster c. h., s. c., marcli 28, number 7. An A(it | the d*i% of llit ani/v of ilia oriuin?l nr.-?i I n.ii.i-1 /% _ . I . .. Ti> Pno^ibe a Mode bt which to PerrkruaTe Testimony in Kki.ation to Dscbt, Wilis, Chobks in Action, Other Papers, and kecdriw DeRtkoykd or Lost dvrino the recent \vak. 1. Be it enacted. bp the Senate and floust of liepretenlalivet, now ni?t itlinir ill Gentm! A?A?mMr ? /t ... ...? authority of (he i?m?, That whenever, hereafter, in any suit winch shall he pent! ing its any Court of ibia State, it shall be necfcssAry, for the maintenanre ot the actio!) or defence, that proof shall he a<l Juced of the contenta oi any document*, whether the liftne he a deed, will, choae iti action, or oilier prirale writing, or a public record, or of any other nature whatever, proper to be proven, and ;t ehall he proven, (hy the affidavit of the party, m case lie be unable oilierwise to make the proof.) dial tuch document wan in existence ai d in the pcsseisibn of any person during the recent war, and cannot now he four d, it ahall he presumed that inch document was destroyed or lost by teafton of the existence of the war ; and if such presumption shall not hajebuited to the satisfaction of the Court, the pant needing the proof of ilia content* of audi document shall, without further proof ot I )**, he at liberty to introduce secondary evidence of such contents, and for this purpose recitals in other deeds or writing*, pfoven or acknowledged to tie genuine, whether between the eaine parties or not, and statement* in the record of any suit in any of the Courts, produced Irotn the proper plara of custody, or in the print d volumes of Stale reports, published by authority cT the General Assembly, ftllltAll.iK aiiolt slalamante 2? ? ?-?<. > ? in in enroll mil between ilia parties to tlia jit in which thea?i<Unco <>ff-red,or those un^r whom they claim, shall ha adisueihlc for the e >nsid*ratior. of tlia Court or Jury hav ing jurisdiction of tha issues q( (act : ProvicrJ, however. That in averv audi case tba party lanufting auv-b evidence ebaU hare firrt tnsde in open Court, or before soma Judge of tba Superior or Inferior Courts of this Stala, or soma Commiaaionar residing out of tha -State, duly qualified to take affidavits to bo used whhin tba Siata, an affi lavit tha* tba said document ia not in bia possession or p ?war to produce, and ao far aa ha knows, { not ia existence, and that ha verily he* liaveo that tba lama was in (act destroy ad or earriad awaj, or in lonn other war lost or daatroyed, and ahall alto produce in opan Court, an affidavit, mada bv tlia paraoa in whoae pa?aataioa the party ( daring ahall a wear ?urh document wai whan ha last knew of it unleaa tlia party tendering waa him?elf tlia iaat paraon in poeeeeaion, that tha aama waa in fact da tirojad or carried away, if ba know a it to ba to, or if, without poeuive knowladga, that ha baliaaaa it to ba ao, and aatting forth tha facta aad circumttancea which induce auch baliaf, if auch paraon ia other than tha aaid party in Court tat daring tha erarndary avidanea of cootaota, and ia nliva and within tha 8*ate. II. Tha plaintiff or plaintiffa, or any of them, in any judgmant or decree, tha ra cord whardbf hat bean destroyed or al? atractad, or loat during tha raceut war, or Lit personal representative, or otber per too claiming under or through |iim, or aay parson whatever having interest in ibt preservation of (Lt avidtnce ?f tucb j< ?!jjf. moot or decree', mar, upon notiet of uot Itat ibtn tot daja served personally upon the defendant or dtftndanta (if more t' an ont) therein, or (boat upon whom hia. liar or their liability tberfnirder baa devolved, or oibtra interested to oppoee tbt tppli cation, lutkt application to tbt Court in which auch judgment or decree aa* rendered, for leave to aubatituta a ma record, ia h, upon Bearing tha avidanca on ?ncb id a, tha Court ia aaiitfiod of tba exi*ian< a ad Una of t?ch record, order for leave to MlUtiluU ball ba mtdr, ascertaining as liar m possible lha name* of all the original pariiaaaod lha plaintiff1# attorney, tba data of (La signing of tli* judgment Or fling af lha decree, (and if in Equity a enrolled money decree in Rqnity, than too the data of ilia enrollment,) (La a mount of lha recovery, tha mm hearing internet, and tha data from which iotaraat Uga. to ran, tha balaaco actually dua at tba data of daatroetioa or abstraction, and L ' b?- r ~ I cess, And also of the l**t process issued for Hi execution of eucli judgment. The Clerk of ihe Court of Common Pleas, llie Register in Equity l',e Ordinary in each of the Districts of (his State, in which the public records in the custody of such officer were destroyed or carried away, or io any other way lost, shall, at the expense of the funds tn the hands of the Commissioners of Public Buildings for bis District, procure a book or hooks of pro per size, and suitably ruled and etcurely hound, to be labelled "Abstracts of lost | Judgments and Decrees," or "of lost Deere#*," as the case mav lie, in wh'ch lie shall enter an abstract of every such judgment or decree, a new record of which i shall be so ordered to he substituted; set ting out in distinct and appropriate col uintis all the particulars hereinbefore retpiired to he ascertained bv the order ??f ilie Court, and such emrj shall, without other or further record, he good and sulli ient iu law fur a'l purposes for which the origlhal record itself could have been used, and of equal authority therewith in all respects. In mir case provided for in this and in the preceding section of this Act, if the plainiifT or in c*?e c.f Ins death, his personal representative, shall . rr.ake oath, according to the lie*! of hi* I knowledge and belief, that a discovery front the defendant is ihe only means bv I .t. 1- i ? - "...vii anvii mm or oestroxed record or j (|. cutnenl run he established. and hIso of j the former ex'stsoen and of the loin or; destruction of audi record or oilier doco1 inent, tie nuy, if the defendant, or eul.er j of tliein, if more than one, lie living, and 1 lie within llie limitH of dm State, call o|><>n j licit defendant to ?n?wer, oil oalh, an lo lh? former existence of such record or oilier document*} end as to its contents, character and description, and also as to the amount dua thereon. And in case such defendaot, after at leant ten davs I personal notice, ('f he he within the !> * ! | trie', when such proceeding is had, and j twenty dafs notice in case he is not,) i shall fail lo answer upon oath the interro j gatoriee so propound*.I, such fm'uie lo i answer, (unless satisfactorily explained or accounted for,) shall he taken and considered as an admission hv audi defen. dai.t of the truth tot the facts stated ar.d ... .1 - - .r. I ? IU niv piNiiuiii * anion? it: j'ro | | vidtd, That such a I mission shall oiil\ j j affect ilia party ao failing to anfvtr as j aforesaid aird his le^al representative* ' | If such defendant shall deny on oalli the J f irmer existence of such record or oilier ( document, so attempted to be aat up, or ball deny on oalli that there is anything dua thereon to such plait l>tf or hi* legal representative, or shall deny any oilier malarial fact allrdged in ilia plaintiff's affidavit, the smerr of the defendant, i together with tlia affidavit of the plaintiff, ! shall ha consideiad as evident-* in the ca*a. and sliall, wnh such oilier testimony as lbs parties oo both sides may offer, ha . submitted to lha Court: Provided, That] no eosia shall ba taced against ilia defen < oatu lor lli? inieri?g*'orirs which m*y I b? propound* I I* bun under lh* piu?l> I ion* of lliift Act III. That for llie purpose of preserving uch secondary evidence as may now l>? in *iiai*i>c* of ili* past existence. Ion* *iid coni*nt?, or any of tl.sni, of eucli i document* hi Lave been destroyed or lost , during ill* recent war, lli* Attorney .Own* | era! and Solicitor shall, in every District ' in their respective circuit*, tile "a bill <o perpetual* leatimonv," in which eliall l>* I el forth lli? fact that manv document* uch a* deed*, will*, chose* in action, and j I I ' other |?rieal* writing*, and al*?? pub ic j record* and other* of any nature what* j *eer, have heen lout or destroyed during j th* recent war, and that the proof of their i I . . .' i past existence, h-s* and contents, rest* in ! >L. - u* iiiciiidij i>i wnnwwt upon ?iiOK daatb lb?tMllDony will I* wholly lout Aod that ?uch proof m*v ba takan mid 1 parpatualad, til* bill aball p'*y tba; *n ordar m*y iaana parinitting all parxona ntitlod by raaaon of ln*e of document* | | andar aach circumttanca, and desiring I to do to, to eonia liafoTa lh? Conrl and j bava takan and parpa'uatad all evideoca which thay at.all pro<lnca. IV That in tha tiling of anch hill, ilia Matter or Commiaainaer ahall make ?o 1 ordar, in conf?.rmi y with tha piayar tharai of which ahall ba pnhlialitd by being potted on the Court Uonaa door and t |m ?<!? in mis 11 any such there be in the District, once a week for two rtionths ; a id if there be no paper published in the District, then in Chart lesion or Columbia. V. Upon the filing of such bill, any person or persons interested in preserving the evidence of the contents of any euch document, and desiring to do so, may apply by writing, timler oath, to 'he Master or Commissioner for leave so to do, setting forth with reasonable certainty a description of the document of the past ex islence, loss and contents of wlilrli I,* propones to offer evidence fo" preservation, and stating the lact of tlie destrno t'on or loss, positively, or at least that he | veri'v so believe*, and also statit g v* list If i er or not there are other persons havipg like or opposite interest with him ;n the matter to he testified to, and what the interest of such person or persons is, and j if there he any such, the said M ?*ter or Commissioner shall issue a sujto'na ad resjxtadtnd'im, directed to the said parties, to appear and cross examine the evidence which may lie produced, and to introduce evidence in reply ; and if the applicant shall desire a discovery from any party interested, he shall, on making oath, as in hills of discovery, be permitted to send with the so pro in interrogator ries, wliit It shall he answered as in trills j for discovery. And whether or not there I .t...n -- i ...<* o| |i.-rtr H) ne otner parties besides the applicant who are in???r? <!% the MiMer or Commissioner shall publ.ah the notice <>f application for three month* in the Mime lUNiilier ns hoi prescribed for notice* to absent defendants in Kotiitv, Mini all parties who inav think t heinselves ! interested inav come in as they had been erved with siipajia. VI At the expiration of the hi?l three iiion'h*, tlie Master or Cominitrotiti shall proceed to lake the evidence if the party making application therein ask* for lesve . to have evidence of the trim location of one or more tracts of land taken for pr*1 j nervation, the Master or Coiniuis'ioner hall have authoiiiy to i*?ue a role of survey to a I>eputv Surveyor, to he tetec ted hv himself for that purpose, to wlioru all the papers and other evidence of loca tion shall he furnished hv (he party or parties in interest, and who shall return his plats duly cerldied to the Master or Oomtniseioner issuing the order, on or be> fore a dav to be therein fixed by him. VII. The evidence eo taken shall !> j preserved, and ilia parties may have ||i? j nine recorded in the offices of the K?*c' ler of Manna Conveyances ami the Sacra* | tary of St.x'e, ami (if it rela'e* to records of any Court.) in that Court in which the I lost or destroyed record which it proposes to prove was made. VIII. The evidence so taken, parpatu eted and recorded, shall he received ir. all Courts, suljectlo ttie same rules, as to competency and credibility, as any other evidence, except as hereinbefore previd ed. IX. For performing the duty assigned thetu, the Attorney General and Solicitors shall receive twenty dollars for each hill, and lit# Masters and Commissioners the usual fees for filing the hill and making ' and publishing the general notic e thereof, ! ami the primer the usual fees for printing the same; all of winch sliali he paid hy the State Treasurer on the cer lificale of t any Chancellor. The Costa of ell other proceedings shall be paid by the parties who seek the re'ief preferred hy the bill, except thai in case# in which there is a conflict of interest, the Chancellor shall r decide which party shall pay them. X The hills shall remain on the docket for ti*e years, uoieae the Ganera) A?s?m lily shall sooner order tlieni stricken off, ! during nil which tune a 11 peraona may com* im and a?ek the relief intended. X I. That no lew now in force, or which may l e passed el thia session of the General Assembly, of tb?eharacier of a stay law or lew prohibiting auita in Court, shall he held as applying to or affecting the provisions of Una Act; Provided, | Thia aeclion shall not be construed to au thnrzs the collection of any debt or mon j er contrary to the provisions of any a-ay law now in fotce or hereafter enacted. XII. Nothing herein contained shall prevent any one from establishing, on the | trial of any cause, any lost paper, accordi j ing 10 u.e ruI of evidence now exist' ing. In the Senate Home, the t went v'first <lav of December, in tbe year of olif Lord one thousand eight hundred and sixty-five. W. D. PORTER, President of lha Senate. C II. SIMON ION", Speaker of the House of Representatives. A[ proved: Jamks L. Okr. Protecting the Peach from , Spring Frosts. We learn from the Northern papers, tli at lit ft severe frosts of J atiuary last, iiave killed lite blossom buds of the peach rn general I v, that the crop tna\ be considered a failure. We are, then, sure of a readv sale of fit I the fresh fruit that can b? Rent from Southern points on t,he railroads near enough to Charleston or Savannah, for it to resell New York in good condition. The like remark holds good of places that lie west of this, on railroads connecting with the great western cities. The ot.ly obstacle we have to con'end with, or ever do have to really endanger our peacn crop, it late ?p?'ng frosts. Against these, a perfect protection is found in smoke, which, first rerotncotidrd in Cardening for the South, has now been tried in this vicinity for over ten years, without a fail ure We have tried it ourselves repent ad'v, while a neighbor and friend makes yearly preparation for the preservation of lyis crops in tine way. lie hat always l>een successful in saving hie fruit by our plan, and hiiv on?? who will follow our directions, can make a crop of peaches ? frost or no frost. It is not necessary here to do anything generally, in the way of protecting th? fruit, before the last of March. It is the late March and April frosts that are to he feared It is a dense smoke, not heat, that is required. Prepare some fat lijlitwood, split tip very fine, also some lollets of dry wood, cut quite short, all kept under cover until needed. Prepare also, in advance, piles of w?t tsn, chips, saw dust or other damn combustibles, where tires are most likelv to l>? needed. rii? wo<><! should be (lis tribuled ilia evening previous. Annul two or three o'clock in the nmrnir.g, have all hands op and start tires, about two or three rode asunder, all over the orchard, the windward ones being nearest. Three or four sticks are required for each fire, which, when well started, should have a stick or two of green wood added. Then put on and nearly smother the lire wuh the wet tan or trash. If anv pile breaks out into a tl one, apply more trash, to deep up, from dampened, smouldering fires, a curtain of moist, heavy smoke over ...o uco, mi ll kll? HUH in ?V?II ll|l, NIlU me frost fully extracted. The stroke from flics of dry wood in so litflit, and rises so rapidly in a cold, frosty night, that it really affords n ? protection, while that from damp tuateiial, loaded with inois lure, hugs the ground end dissipate* very slowly. If your fruit is frozen solid hefore you begin, or while you are at work, do not despair, hut make all the smoke you can, and as light a protection as it teems, looking through ?t when die sun is rising, we rave had it so fully protect the frozen fruit from rapid thawing, that the frost was all extracted without injury to the fruit. In our first trial, we were aboyt giving up in despair, the cold was so intense at day break, hut our success was perfect. At th<s place, the fruit is very se:dom, indeed, destroyed before April, in which month not more than one or two froate are to he expected, and against ibeeo it te well to provide. Southern 'Cultivator. Kkkh in (4oeo Hi mok ?It ia not great calamities that embitter existence; it is the petty T?xet?6i>?, the small jeal outlet, ilia little disappointment*. the minor mi? eriet, ilmt m?lc? the heart heavy nil di? temper aour. Don't hi them. Anger it a pur* wmti of vitality it it alwaya foolish, anil alwaya dtgracaful, except in aorna v>rv rare c*w?, when it it kindled by *eemg wrong dona to another ; am! even llial noble rage teldoiu mend* the matter. An exchange aaya the people mutt feel at borne now on the Mtttiatippi, lor the steamboat* are blowing up every day jiut at they uted to do in the good old tiioea of peace. Cotton or Giuiu ? Shall cotton or ijrain be our main crop | this year, is a (filiation of no little moI uient at this lime. In our impoverished condition, the fu? turn more than ordinarily uncertain, and ! fr. e Uhor a problem of doubtful ablution, 1 it is natural that every body should de. sire to plant all the cotton possible, which will pay at least $150 per bale, and if the season be favorable, enable the plan I ter to buy bis provisions, itc., and lay by something lor contingencies. Many are going to make cotton their sole crop?plantinjr only little corn or ! other grain. Everybody is goinpr to plant some cotton, and thore ?lio never ! mw a cotton stalk are now buying seed, a id calculating with paper and penc l the ] g'eat returns they Hre going to make.? Cotton presents the readiest insane of making money, and therefore, all are hat in hand to his Majesty?now, more than , ' ever. King. Iful there is an o'd econotn I ' teal adage?"dont put all your eggs in one basket"?which might be sdvanta, gaously remembered by the cotiomworshippers. If the season should be unfa vorable, if the worm, the grasshopper, t . i. - . i - ' ui ft11\ 01 me inner enemies ul the "great staple" should make llio crop a failure, ami bring all the pencilled estimates of profile to nought ? n*v, make the result, alter paving the freed men ami supporting j titein, a loss instead of a gain, where is the money to come front to buy provi?> i-.ns, etc! Or suppose that the crops of the North-west should fail, or be insufficient, ami prices advance considerably above tlm present high standard, even supposing that we do make the cotton we expect, Mid get SlfiO per bale f?>r it, if we cannot buy provisions or are obli ged to pay an immense price for them, where is our profit! Last vear all the labor that was avail able whs employed in growing corn and wheat, and vet it is an admitted fact that the supply of breadstuff* in the country now, is insufficient, sod that this is one of the causes of the present high prices of grain. The supply of lahor is now materially reduced below what it was last vear, both in quantity asd qual iiy, and if it be almost exclusively em ployed in the production of cotton, to the neglect of breadstuff*, we mav <U I>efiJ upon it, that when drives to a : Northern market to hny all we want, and I thrown on the tender mercies of railroad companies to bring us what we hnv, we j will Bud that the magnificent profits of | our cotton, if we realize them, will part j out of our pock eta into thoteofour friend* i f ihe Noithiweat, ot whom we heard I tuch Battering tales during the war, and into the insatiate mawa of the railroads, j to whom the direst popular necessity, is I the moat favorable opportunity. Tlie temptation to plant cotton id very a'rong. It will certainly pay largely if we make a crop; but that if depend* on two other ?/*, namely : if the tsason be favorable, and if the freedmen "conclude to work." It would be wiae. therefore, | to guard againat contingencies, and let I ea<h agriculturist, whether he be the large planter with hie thousand* of acre*, I or the humble fanner, plant enough of j grain at least for hi* own use, and then | he may woo the smiles of King Cotton I a* much ts he please*. EriTiiars Cominu Uomk to Roost.? The New York Commercial Advertiser ' (Hep ) thp* allude* to the fate of epithet* | and those who use them : Half a year ago, the definition of "copperhead" waa, "ona who disagreed with the Presidentnow it means "one who agrees with the President." So, a ! year ago, to differ with the Administra| tion meant hostility to the Government, treason, rebellion." Now, it is held to i mean "steadiness of purpose, fidelity to principle, love of country, elevated pa. iriotiem." If tin* leason in definition it worth i any thing, it teaches that the use of epii theta is abaiird and illogical, and a proof of the weaknets of m caute which retorti to them ; that Like that strange the Australian thi-owa, Your verbid loon-ranj aUpa yeu on the nose ; and so return*, not merely to plague the I inventor, hot Lin who caaia-il i A Radical's Description of the President?His Great Power and Ability Conceded. v 4 The Hon. John D. Baldwin, member * of Congress from Massachusetts, writes this description of Andrew Johnson and his late speech. Baldwin is of the Sumner Stevens stripe politics: * * * "\Vhat*the President said is before the country. IIow he said it, my poor words may fail to tell. For th? first lime, 1 stood near and looked closely on the inan. In the course of an event fill life, I have seen many men of wilful power and force, but rievar before have I looked on one so thoroughly embodying the evil spirit of revolution. It will not do to underrate Mr. Johnson, lie is terribly in earnest, and, withal, most vindictively cool. A thoroughly paced demagogue, his i nconsvquential logic, his egcti?m, his repetitious, his thorough belief in himself, an! his popularity, are all elements of strength, when he faces such assemblages as were arrayed about him yesterday. Andrew Johnson is an able man?how able, I never realized tillyes. terday. All results are involved in hit policy. Had lie a Cabinet as able and as desperate, the dire results which the near future would bring, could hardly be named now. We stand on )he verge of I a fierce strife, to meet wliicli tht country should gather its strength and gird up ila loins. This man is no weak Ituchautn, and he means to crush ngress or b? crushed. "Mr. ^ ihnr.cn is a man of stalwart mould. Just above middle staturt, he it so broad shouldered, firm set and d??n , ? ---r chested, 88 Mlmost to seem below it. Ha hns m large head. It is a compact home for in? fiery will and brain. Hi* far# ia marked, strong oval outline, powerful ua jlerj-tw; well defined, but rather ?harp chin ; a wide, straight mouth ; full, flexi* ble lipa; akin, coarse in texture, but firm ; complexion, swarthy ; hair, coarse black, streake I with grey ; a nose small at tha root, but full and large at the nostrils, which expand and lift m he speaks ; broad, roomy forehead ; beetling, bushy eyebrows, beneath which are a pair of tha coldest hazel grey eves I ever saw in m human head ; these are tha outlines of Andrew Johnson." Tub Auvantaob ok Security-.?Soma weeks ago ! strolled into a friend's count* ingTootn. lie beiug absent, ! commenced a cbat with bis clerk, when a good look* ing "culled piiftsun" entered, doffed bia rastor, and said : "Mast' bob, kin you land ma a quart tar till dia afternoon, and I pay him, eartin 1" Mast' Bob applied his daxtar to his fast pocket, but made no "aign." I turned. "Wall, Buck, you look lolarably horn est, but as I don't know you, if you will give ma security I will land you the quarter." U s ayes brightened as ha asked : "M ** ' Bob, will gp my security!" "Yes," replied Boh. I forked over. Some time afterwards, wending the same way, as I was about 1 to enter the office, the indentical Buck I stood before me. "Buck, where's my quarter ! You didn't pay ma as you promised !" "No, salt, but I tjib you security." 'Wall, but I want you to pay me I , I lent you the quarter." "Dai's true, sah, but it ana da cuatom down bere to zauat de security fuat." Thackeray leiia of an Irish woman begging alma ol him, who whan ah* a^w | him put hi? hand in his pocket, cried out. "May the hlvsaings of God follow you all youi life," but whan he only pulled out his snuffbox, immediately added, "and never overtake )e." Among the latest wonders io the ani, tnal world, ia a talking dog, which haa baen brought out in Springfield. Maaaa> chnnette. lie cjn any "Good morning," "How do you do?" and many other things as a human being. The editor ol a country paper uyi thai , tie felt celled upon lo publish Father Lewm' sermon on the "Locality of Uell,'' i ?? it wns a question in which nearly all hie leaders were deeply interested. - 'Mm