Historical Newspapers of South Carolina

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VOL II.ENSA ONNG COE 86 T-HE. H..ERALD' IS PUBLISHED EVERY WEDNESDAY MORNING, At (ewberry C. . Br THOS. Y..& . $. GGREU R , TERMS, e8 PER ANUM, IN CURRENCY, OR PROVISIONS. Paymeat.reqiired invarbly a advance. ,arrisge ,oi e r Funera ritatloea, Obitu ;,s'yad . Ccananiatiae <abeefting private inereis, are charged as adverien>e. Acts of the Legislature. AN ACT To AMEND AN ACT ENTITLED "AN ACT To ESTABLISH DISTRICT CoURTS." L Be, it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, as follows : That an Act to establish District Courts, passed on the tirentieth day of Decem ber, in the year of our Lord one thousand eight hundred and sixty-five, be, and the same is hereby, repealed, except as to its first and second sections, to wit: In each Judicial District of the State, except Charleston, there shall be established a District Court which shall be organized by the 'Judge thereof as soon as possible atter his.election; except in the Judicial District of Charleston there shall be es tablished two District Courts, one for the Election District of Charleston and one for the Election District of Berkeley. The Judge of each District Court shall receive from the Treasurer of the State a salary of five hundred dollars a year, payable quarterly, and he shall be enti tied, for a further compensation, to re ceive annually, from the District Court Fund, as hereafter prescribed, an addi tional sum, to be paid quarterly on his own draft, as follows: For Abbeville Dis trict, seven hundred dollars; Barn well District, seven hundred dollars Colleton District, one. thousand dollars ; Chester District, five hundred dollars; Darlington District, five hundred dollars; Edgeheld District, eight hundred dollars, Fairfield District, five hundred dollars; George town District, one thousand dollars; Lau rens District, five hundred dollars ; New berry District, five hundred dollars; Orangeburg District, five hundred dol lars ; Richland District, one thousand dollars; Sumter District, seven hundred, dollars; Union District, five hundred dollars; York District, five hundred dol lars; Williamsburg District, five hundred dollars; Berkely Election District, one thousand dollars; Charleston. Election District, one thousand dollars; Beau fort ,D istrict, one thousand dollars ; Kershaw Districe, five hundred dollirs; and for e District Judge-of each of the other 'ial Districts of this State, five hun dollars: Provided, however, That. the District Court Fund in any 9,b-all prove insufficient for the pur -such additional compensation, as bereum vided,"no claim for the whole or g. yrt of snch additional com pensation, n'pl. the Treasury of the State, shall arise by reason of such deficiency : And, provided, also, That the time when 'the salaries herein provided for small .commence shall be when the Court is or ganized, and the Judge is empowered to .execute this Act. II. That the District Gourts heretofore .established by law be organized by the Judge thereof, immediately after the pass age of this3 Act, and that each of the said Judges, respectively, shall receive the salary heretofore provided by law. III. The Clerk and Sheriff of the seve ral Judicial Districts of the State shall act as the Clerk and Sberiff of the Dis trict Court. or Courts, within their re spective Districts, and may perform their duties in person er by deputy. The Judge,. Clerk anid Sheriff of a District Court, shall each, before entering on the duties of this office, take the official oath prescribed by the Constitution of the state, and also tbe oath eor oaths required specially to be taken by the incumbents of suchiofficegs in the Superior Courts. IV. That the District Couirt shall have exclusive jurisdiction, subject to the right of appeal to the Appeal Court, in all cases of larceny and misdemeanor, in all cases of vagrancy, and in all cases of bastardy arising within the limits of the Election District in which they are es tablished. V. All prosecutions in the District courts shall be conducted by the Attor ney-General or by the Solicitor of the' ;Circait to which the District Court be longs. or by a deputy appointed by such Attorn~ey-G2eneral or Solicitor ;,or in the absence Qf these, by an attorney appoint ed bi the District JudgeA YL. The.District Court shall have con entjurisdiction, subject to apgeal as 'd, with the Court of Common 'n all civil causes in which the ti od is not involved, and in which sued for, or the amount of dam- - ned, does not exceed one hun-I rs; and the sum which limits -dings by the summary process., rts of law, is enlarged to one flaris, exclusive of costs ; and isdiction in all m ttters of master and apprentice, where the amount exceeds twenty dollars. VII. The Judge of the District Court shall be invested with power to examine and supervise a'll prosecutions, commit ments and warrants of arrest commenced before or issued by a Magistrate within this District, for any misdemeanor; and it shall be his duty, upon application made to him, to examine into the merits of the same at any time before trial, and to direct the discontinuance thereof, on such terms and conditions as may seem to him most conducive to the ends of jus tice ; and for this purpose, he is author ized to summon before him the parties and such witnesses as may be necessary. VIII. The Judge of the District Court shall, in all respects, have,the power of a Magistrate of his District. He shall ex ercise supervision ever the Clerk and Sheriff of his Court in all matters apper taining to the Jurisdiction and business of said Court: also over the Coroner, all Magistrates, Constables and Board of Commissioners of his District, and from him to any of them may proceed orde's, rules, attachments or writs of mandamus, prohibition, certiorari quo warranto, ' sciri facias. IX. The Judge of the District Court shall have the power, and be subject to the duties, and be liable to the penalties, in respect to habeas corpus, conferred and imposed upon the Magistrates, under the ninth section of the "Act concerning the office and duties of Magistrates," passed the twenty-first day of December, Anno Domini one thousand eight hun dred and thirty-nine; be may admit to bail in all cases bailable, and in all cases triable in his Court, and may also exer cise jurisdiction, under habeas corpus, at Common Law, in all cases within his District, except that he shall not have the power to discharge or let to bail any person charged with a felony not clergy able after a true bill has been found. X. The Judge of the District Court shall have the power given to two Magis trates by the "Act for the promotion of industry and for the suppression of va grants and other idle and disorderly per sons," ratified on the twenty-eighth day of March, Anno Domini one thousand seven hundred and eighty-seven," and shall likewise have the power which two Magistrates have under the twenty-third section of "An Act concerning the office and duties of Magistrates," ratified on the twenty-first day of December, Anno Domini one thousand eight hundred and thirty-nine in respects to tenants holding over; and, in case of a, tenant's holding over, or of an issue of fact under Prison Bonds Act, or in any other case when, by law, there is provision made for trial by a Jury and one or more Magistrates, tbe District Judge may organize a Jury as Magistrates are now directed to do, and have a trial before himself, or may take the case in his own Court, and submit to a Jury organized there as hereinafter provided. In all such cases, except those in relation to tenants holding over, of forcible entry and detainer, and of issues under the Prison Bond *Act, there shall exist a right of appeal to the Circuit Judge at Chambers, or in opee Court, who shall have power to reverse the de cision, grant a new trial, or order ars is sue to be made up to be tried in the Cir cuit Court. XI. The District Court shall be a Court of Record, and shall be always open. It shall have the same power and jurisdiction. subject to the right of ap peal to the Appeal Court, as the Superior Court in Law in reference t, Constables, Jurors andl punishment for contempt. It sball have jurisdiction in all cases of tenants holding over, cases of forcible en try and detainer. cases under the Insol. vent Debtors' Act. where the arrest and detention are under process of the Dis trict Court, all cases under Prison Bonds Act, and all matters of District police ; and the Judge of the District Court shall have discretionary power to hear and de termine all cases, civil and criminal, within the jurisdiction of the same, with out submitting them to a Jury, provided neither party shall demand a Jur.% trial: Provided, An appeal may be had to the Court of Appeals in all cases tried before the said Gourt in which appeals are now allowed by law from the Circuit Gourts, and in no other cases whatever. It shall sit in such place as may be fur nished by the Commissioners of Public Buildings, who are hereby required to provide a sniitable place, which shall be held at the Court House of the District ; except in Berkeley, in which the places shall be fixed by the District Judge; and in the District of Beaufort, where the Court shall be held alternately at the Court House in the town of Beaufort and at Lawtonville. XII. The District Court shall hold quarterly sessions, and the Judges of the Gourt of Appeals shall, from time to time, fix the days of the quarterly ses sion of the District Court. They shall also, from time to time, make rules and prescribe short and simple forms for the transaction of business and the conduct of causes in the District Court. YTTT_ The Judge of the District Court may practise in the superior Court, ex cept in cases which have been argued before him or heard in his Court; but he shall not have a partner in the practice of law and equity in the District of which he is a Judge. XIV. The return day of the quarterly session of the District Court shall be ten days before the first day cf the sitting thereof. XV, All fees of the.Clerk and Sheriff shall be paid in cash, by the party re quiring the services, and according to the judgment of the Court, may or may not be recovered from the opposite par ty. XVI. The Clerk shall keep, separate ly, for the District Court, the docket rules book and journals, as prescribed by law for the Superior Courts, to be fur nished him by the Commissioners of Public Buildings, and shall file all papers in the mode prescribed in seventh section A. A., 1839, 11th Statutes at Large, p. 70, but he shall enter alljudgments and decrees in the book of abstracts of j udg ments and decrees along and in chrono logical order with the judgments and de trees of the Superior Courts. The Sher iff shall enter all papers and sales in the books now kept by law in his office. XVII. In case of a vacancy in the of fice of District Judge, by death, resigna tion or otherwise, the Governor shall im mediately appoint a successor, who shall hold office until a Judge shall be appoint ed by the Legislature, and shall have qualified. During his continuance in of fice, he shall hold no other office of profit or trust in this State, or the United States. XVIII. The rules of practice which prevail in the Superior Courts shall be applied to the District Court, unless otherwise specially provided by the rules to be made by the Gourt tf Appeals, or by Act of the Legislature; but no rule or order of any Court or Judge in this State shall require the printing by a par ty to a suit of any report, brief, or other paper connected with appeals. XIX. All fines imposed by the Dis trict Court shall be paid to the Commis sioners of Public Buildings of the; Judi cial District in which the. Court is loca ted; but all fines imposed by the Court of General Sessions shall constitute a part of the District Fund, and in Charles ton District be equally divided between the District Courts of Charleston and Berkeley. And the said District Fund, in addition to the said fines, shall consist of a docket fee of one dollar, in civil cases in which the amount demanded is under fifty dollars, and two dollars if the sum demanded exceeds that amount; two dollars in every criminal cause, and two dollars for the report in every case of ap peal ; the said docket fees to be paid by the same parties who are liable for the other fees in the case by the provisions of this Act. XX. The District Fund shall be held by the Clerk of the Court, under the se curity of his official bond. -He shall keep an exact account thereof in a separate book kept for the purpose, in which he shall enter all money received and all monej paid on the draft of the District Judge, without which he will make no payment. He shall make semi-annual returns ofsaid account to the District Judge, and annual returns to the Comp troller- General, on or befire the first of October, accompanied by vouchers. XXI. The fees, for Attorneys, Attor ney-General, the Solicitors and their Dep uties, Sheriffs and Clerks, shall be the same in the District Court as now pro vided by law in thc Superior Court. In a criminal case, if the accused be convict ed, he shall be liable to all the costs of prosecution. If collection from the convict cannot be had, then the State shall be liable for one-half of said costs. If the accused be acquitted, the Judge before whom the trial shall be bad, if he has become satisfied during the trial that the prosecution was without probable cause, may order that the prosecutor shall pay the costs of the prosecution, for which the Clerk shall issue execution. As soon after the organization of the Dis trict Court as may be practicable, the Judge thereof shall order aspecial Conrt, at which he shall cause to be drawn a full panel of Grand aud Petit and Pleas Ju rors, in the manner prescribed by law for the Superior Courts, and at each term of the District Court thereafter, Jurors shall be drawn in the mannier now pre scribed by Law for the Superior Court. In the Senate House, the twenty first day of September, in the year of onr Lord one thousand eight hundred and sixty-six. W. D. PORTER, President of the Senate. C. H. SiMONTON, Speaker House of Representrtives. Approved : JAMES L. ORR. AN A CT TO PROVIDE FOR THE EsTABLiSH MENT OF A PENITENTIARY. I. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in Genneal Aseombly, anrd by the authority of the same, That for the purpose of com mencing the establishment of a peniten tiary in this State, the sum of twenty thousand dollars be, and is hereby, appro priated, to be paid out of any money in the Treasury. and drawn and expended by certain Commissioners hereinafter named. II. That. a Commission, consisting of three persons, to be styled Commissioners of the Penitentiary, shall be appointed by His Excellency the Governor, whose duty it shall be to select and procure a proper site, at some point, if practicable, where water power may be made avail able for manufacturing purposes, within the enclosure, on which to erect suitable penitentiary buildings, with sufficient space to enlarge and improve the same from time to time, as may be necessary. III. That it shall be the duty of said Commissioners to erect, as soon as practi cable, a suitable temporary enclosure and temporary cells, for the safe keeping of not less than one hundred convicts; and, upon the completion of said enclosure and cells, or any part of them, to receive and detain, under regulation to be here after prescribed by the Governor, such convicts as may be committed to them by sentence of any of the Judges of this State. IV. That upon notice that an enclosure and cells are prepared for the reception of convicts, it shall be the duty of His Excellency the Governor tt appoint a keeper, assistant keeper, and such other officers, guards and overseers as shall, from time to time, be necessary,to subsist, govern, guard and direct the labor of said convicts, and to make all such regulations as shall be requisite for their safe-keeping and subsistence, and for directing their labor, either within or without the en closure, to getting out material and con structing, as far as is practicable, the necessary permanent buildings and en closures, and to such other available branches of industry as will best con tribute to the support of the institution. V. That it shall be the duty of the said Commissioners, under the advice and with the assistance of His Excellency the Governor, to procure plans, specifica tions and estimates for such permanent enclosures and - buildings as- shall be deemed necessary for early use, and re port the same, together with a full ac count of their transactions under the authority hereby conferred upon them, to the General Assembly, at its ensuing regular session. In the Senate House, tbe twenty-first day of September,.in the year of our Lord one thousand eight hundred and sixty-. six. W. D. PORTER, President' of the Senate. C. H. SIMONTON, Speaker Rouse of Representatives. Approved : JAMEs L. ORa. AN ACT TO AMEND AND EXTEND THE OPER ATION OP AN ACT ENTITLED- "AN ACT TO PROVIDE A MODE BY WHICH To PERPETU ATE TESTIMONY IN RELATION To DEEDs, WIuas, CHoSEs IN AcTIoN, AND OTHER~ PAPERs AND RECORDS DEsTROYED OR LCsT DURING THE RECENT WAR." Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the author ity of the same, That an Act entitled "An Act to provide a mode by which to perpetuate testim.ony in relation to deeds, wills, choses in action, and other papers and records destroyed or lost during the recent war," be amended and extended in the following particulars: I. That the affidavits required by the provisions of the first section of said Act may be made before any person authorized to administer an oath in South Carolina. II. In every case in which the defen dant or defendants in any lost judgment or decree shall be absent from and be yond the limits of the State, in lieu of the notices required by the second section of the said Act, it shall be sufficient to publish a thirty days' notice in manner now prescribed for making absent parties defendants in Equity. III. If the defendant, or (if he be dead) bis personal representatives, in any case provided for in the first and second sections of the said Act, shall make oath to the purport' therein required of the applicant, he shall be entitled to serve interrogatories for a discovery, with the amne notice and in the manner prescribed for the applicant. IV. Orders for leave tc. substitute new records, for records of judgment or de rees destroyed or lost, may be made at Chambers, as well as in Term time, without consent of the parties ; Provided, They have been served with notice as bereinbefore pr ovided. V. All instruments in writing, of which i record or registry is required by law, and of which the record or registry has been destroyed or lost, but the original preserved,;and the substitutes provided in the said Act for such originals in case >f their loss, shall be recorded within six months from the ratification of this Act; >ther wise they shall not prevail as liens igainst subsequent purchasers for valua ble consiceration, nor creditors without notice. VL Office copies of all instruments in writing, which by.. law are requird. or permitted to be recorded, registered, or filed in ay public office, after thirty diys' notice- to the opposite party, and proof of the loss by the affidavit of the party offer ing to introduce them, as now required by law, shall be admitted in evidence: Provided, They are duly certified under the hand -of the proper officer. VII. In- all cases in. which any instru ment in writing is required by law to be recorded or registered, and such record or registry, together with the ouiginals, is destroyed or lost, but a copy thereof, certified to under the hand of the proper officer, has been preserved, such certifed copy shall be recorded or registered, and be in the room and stead of the original. VIII. The following fees (to be paid by the applicant) shall be allowed : On ap plications for leave to substitute jqdg ments and decrees in the Gommon 'leas: To the Clerk, the fees now fixed by law for signing writs and subpoenas, for docketing, signingjudgments, and record ing the proceeding and satisfactions. To the Sheriff, the fees fixed by law for the entry and service of writs and subpaenas, together with mileage. To the Odmmis sioner and Register in Equity, for. appli cation for leave to substitute decrees and money orders, the fees now fixed by law for petitions in Equity. IX. The provisions of thesaid Act, and of this Act, are hereby extended. to all deeds, wills, choses in action, and other. papers and records destroyed or lost since the passage of the said Act, or which may hereafter be destroyed or lost in any way whatever. In the Senate House, the twentieth day of September, in the year of our Lord one thousand eight hundred and sixty six. W. D. PORTER, President of the Senate. C. H. SIMONTON, Speaker House of Representatives. Approved: JAxss L. OR., Exprisrois.-On the 24th of July, 1866; Friendship Lodge No 89, at'Ohilli cothe, Mo., expelled Erioch Wilson from all the rights and privileges of Masonry, for desertion of wife and children, and for living with a vile paramour, whom he preferred to the companion of his youth and the mother of his children. Said Wilson was for several years a citizen of Chillicothe. In 1882 be went to .Mon tana and left his family hiere. His ob ject in going West soon becamee appa rent. The false, fair relict of one of the best of men who died here, was: soon. known as his mistress. Hoping .to re claim the erring husband and father, the family left home and friends here; 'and journeyed to Montana, where their pres enice seemed at fiest to break the chains of the charmer, and the recreant one re turned to his fealty to-one who had sacri ficed all for him. This was of short duration, and the faithless wretch soon turned to the si rene, whose wiles were more potent than the pure loveof wife and children. Avow ing his passion as stronger than he love for his wife and virtue,he fled tO'Utah,, followed by this ameoriten .Thene they went to California or eOregon. ~It is most generally believed .that. Southern Oregon was their destination. Believring that the heartless wretch, with his chosen "Bessie," well calculated to deceive and impose upon, the pore elsewhere, and that the Masonic brother hood in the far West wudlelikewise be de ceived by this man Wilson, I desire him published as an expelled Mason, with the mark of Cain upon his brow. I hape that every paper that may see this will copy, that notice of his expul sion may follow him, and that his sin may find him out. JOHN D. ,VINCIL, Grand Master Grand Lodge Missouri. SBocDING AccWENT---A LADY CRUsHED rO PIECEs IN A MILL.-On Wednesday, Mrs. Harlow, wife of Mr. John P. HUarlow, wheat receiver at Haxall & Crenshaw's mills, at Richmond, visited: the uiills in company with two lady friends, to whom she was exhibiting the machinery. While turning to leave:the upper story her dress was caught ira the cohveyor wheels which carry the flopr to the su perfine boltinig apparatus and she was drawn into the machinery. Mr. Taylor, who was standing by, caught her and would have rescued her, .but her steel hoopskirt had become entangle4 in the cog-wheels, and Mr. Taylor's attempts were vamn, and he became near being drawn bimself into the machinery which in a moment mangled the ufbrtunate. lady in a manner too horrible to contem plate. Her head was severed from her body and crushed to pieces, the brain being spattered in everytlieties, and was cut into and ground almott;to atoms. One arm felto the lower flooqr the other being thrown five feet away from the machinery, and -fragments of blood and bones and brains werestrews everywhere.