The Newberry herald. (Newberry, S.C.) 1865-1884, April 05, 1871, Supplement to Newberry Herald., Image 5
up Ic ment to NewberrHerald
NEWBERiW . S. C.- EDNSDA P PRIL-5 1871. -
LAWS OF THE STATE*
Actavad Join eolutions passed by the
Geiieral isaemby of scuth Carolina,
Session of 187O..'r1.
[-F FIC I A L.]
AN ACT 'iO CETR THE TOWN OF YoREKLLS.
* Sacr oee 1. Bet enacted by the Senate and House
o-ef28 natirvs of the Sate of South Carolina,
ioiW-mt and stting in General Assembly, and by
the'auhrity of the same : That from and after
the-assage of this Act, all citizens of this State
having.reside.I sixty days in the Town of York
ville;sha bedeemed;, and are bereby declared to
be a body po:itic and corp:-rate, and the said
--towm shal ' b e -called and kaowu by the name of
'Yorkvile, and its corporats limits shall extend
Gne milein each direction from the Court House
'i aton.
SEc. 2. That the said town shall be governed
by an Intendant and -four Wardens, who shall
be citizens of the' United States, anid shall
ba've been residents of the said town for sixty
days, immediately preceding their election, who
'shall. be elected on the second- Monday of
Jandary in every year, fifteen days public notice
thereof being previously given; and that all male
inhabitanta of the age of twenty-one yeers, citi
zeus of the State, and who shall have resided in
- the said town for sixty days immediately preced
ing-the election;-shall be entitled to vote for said
Intendant and Wardens.
2z;:3. That the election for Intendant and
Wardens of, the said town shall be held in the
'0ourt- House, or some- other convenient public
pace in the said town, 'from nine o'clock in the
morning until five o'clock in the afterr.oon; and
wheu the poils shall be closed, the Managers shall
"-forthwith count the votes and proclaim the
- election, and give notice in writing to the per
sons elected. The Intendant and Wardens shall
appoins' three Managers to hold the ensuing
and any subsequent election. Whenover there
shall-xot be an Intendant and Wardens,
or Intendant and Warden, from any cause
U^tever, it shall be the duty of the Clerk of the
Cdtrt for York County to order such election
f6rthwith, and appoint three Managers for. the
same." The Managers- in each case shbal, before
they open the' polls for said election, take an oath
airlyaAnd impartially to eonduct the same. And
th&xendant- and -Wardcns before entering upon
the'dutis of their respective offices, shall take
the oath prescribed by the Constitution of this
Siate,and- aso the following oath, to wit: "As
Intendait or Warden of the Town ot Yorkville, I
wi -equally and impartially, to the best of my
abiliy, 6xercise the trust reposed in me, and will
use- my best endeavora to preserve the peace and
carry into -effect, according to law, the purposes
fe-which I have been elected: So help me God."
The-id Intendant and War~dens shall ho!d their
offices from the time of their election until the
second Monday in January ensning, and until
. their successors shall be elected and qualified.
Sc4. That in case a vacancy should occur in
the office of Intendant or any of the Wardens, by
death, riesignation, removal, or otherwise, orin
Case of a tie in said election, an election to fil
such vacancy shali be held by the appoiutment of
the Intendant and Wardens. or Ward-en, as the
case may be, or the Clerk of the Court of York
County, if there shoud be no Intendant or Ward
ens, ten day's notice thereoi being previously
given; and in case of the ti-kness or temporary
absence of the Intendant, the Wardens, forming a
Concil,- shall ba empowered to act in his stead
during the time.
Szo. 5. That the latendant and W4,rdens duly
elected and qual.fied shall, during their term of
ervice, severa.ly tnd respectively, De vested
wit ill te ~Jurisdiuon and- oers:ierEtofore
-anted to.Migistrates~ in d ate. AnId 'the1
I?tend.ant hal and mXay. afunnft as he mayI
deem necessary, s'nimman the Warden:s to meet
- iuT Conci, any two of v.h'o, with the In
- -enda.nt, may contituts a quorum to transact
businesa; and. they shall be known by the
msme of the Town Council of Yorkville; and
they and their successors hereatter to be
elected may have a common seal, which shall
be affixed to all the oriinances. And the said
Town Council shall have authority to appoint,
from time to t;me, as they may see fit, such and
eo many proper perisons to act as marshals or con
stables of said town as the said Town Council
may deem n.cessary and expedient for the pre
s'ervation of the peace, good order anid police
,thereof, which persoi:s so app:>inted shall, within
the corporate limits of esid town, Litve the power,
privileges and emoluments, and be subject to all
the obligations, pe'nalies and regulations provided
by law for the office of constable, and shall be
liable to be removed at the pleasure of said Coun
cei. And the said Town Council shall have power
to establish or to anthoriza the establishment of
the .market house in sai i town. And the said
Towar Council shall have mui power and authority
under their corporate seal, to make all such rules,
baplaws and ordinances respecting the streets,
roads, markot house, and the business there
of,. and :the police system of said town, as
shallkappear to them necessary and proper for
Tbe. security, welfare end convenience, and for
preserving health, order and good government
f ~ within- the same. And the said Town Council
* ~ my impose floes for cences against their
by-laws and ordinances, and appropriate the
same to the public use of said town: and the said
Cesnnashall have the same power which Trial
Justies now have to compel the attendance of
witnesses, and requiring them to give evidence
'upon the trial before them of any person for a
violation of any of their by-taws or ordinances;
bnt no fine above the sum of twenty dollars shall
a ~ be collected by the said Council. except by suit in
the Court of Common Plieae: Prorided, That no
fine shall exceed fity dollias; and, also, that noth
ing herein contained shall authorize the said
Council to make any by-laws or ordinances incon
sistent with, or repugnant to, the laws of this
State; and all the l'S..laws, rules and ordinances
the said Council may make shali, at all times, be
subject to revisal or repeal by the General Assem
bly o: this State.
* &c. 6. That the said I.ntendanL and Wardens
shall have full power to abate and remove all nui
sances in the said town; and it shall be their duty
to keep alvoads, ways and streets within the cr
porate limits of the said town, open and in good
repair, and for thr.t purpose they are invested with
all the powers heretofore ?ranted to Commission
ereofgaads; and shall have full power to classify
an&arrange the inhabitants of said town liable to
street, road or other public duty therein, and to
41force the performances of such duty, under such
')ehaltaes as are now, or shall hereafter be, pre
~s8cribed by law: Procided, That the said Town
CountSi may compound with persons liable to per
form such dxty upon such terms, and on tbe pay
ment of su;-h sums as may be establishiel by l:s
or ordinances: And P'rovid, also., That the indi
viduals who compose the said Town Council shall
be exempt from the performancee of road and polico
duty, and the inhabitants of said town are hereby
exempted from road and police duty without the
corporate limits of said town.
SEc. 7. That the power to grant or refaso
licenses for billiard tables, to keep- tavern, or
to retail spirituous liquors within the limits of
said corporation be, anid the same is hereby
vested in the Town 'Council of Yorkville, and
the said Council may "rant licenses to retail
spirituous liquors to such persons, and in such
quantities, at such rates, and upon such terms
.and conditions, as the said Coneil may deem
nt nd ropr;and the said Intendant and War
- dens shall have the full and only power to im
pose a tax on all shows and exhibitions for 'gaip
or reward, within the limits. And all money paid
for lice.s for reailing spirituons liquors, keeping
tavern,and billiard tables, and the taz on all
shows for gainor reward, within the said limits,
shall be appropriated to the public use within said
corporation.
SEC. 8. That the said Town Council of Yorkville
shall have power and authority to require all per
sons owning a lot or lots in said town, to make and
keep in good repair sid.waiks in front of said lot
or lots, whenever the same shall. front . or adjoin
any of the public streets of said town, if, in the
judgment of the Council, such sidewalks shall be
necessary, the width whereof and the manner of
their oonstruction to be designated and regulated
by the Town Council; and for default or refusal to
make and keep in repair such sidewalks, the
Town Council may cause the same to be made or
put in repair, and require the owner to pay the
price of making or repairing: Provided, That such
contract for making or repairing be let to the low
est bidder.
SEc. 9. That the said Town Council of Yorkville
shall have power to arrest and commit to .jail, for
a space of time not exceeding twelve hours, and
to fine not exceeding twenty dollars, any person
or persons who shall be guilty of disorderly con
duct in said town, to the annoyance of citizens
thereof; and it shall be the duty of the Marshal of
the town to make such arrest, and to call to his
assistance the posfs comitatus, if necessary; and
upon failure to perform such duty he shall be fined
in a sum not exceeding one hundred dollars for
each and every offence.
SEc. 10. That the said Town Conncil of York
ville shall have power to grant licenses to parties
within the limits of said town, and the parties to
whom said licenses'are granted shall pay a sum
not exceeding two hundred dollars. They shall
also have power to impose and collect an an
nual tax upon the assessed property of said
town: Procided, No tax shall be levied in
any one year to exceed the rate of twenty cents on
each hundred dollars of such assessed prop
erty, and that the money so raeud shall be ap
plied to the use of the said town. That said Town
Council shall have the power to enforce the pay
ment of all taxes levied by the said Town Council,
to the same exteut,and in the same manner, as is
now, or hereafter shall be, provided by law for
the collection of general State taxes.
SEc. 11. That the said Town Council of York
ville shall have power to regulate sales at auction
within the limits of said town,and to grant licenses
tosuctioneers: Pr-vided, That nothing herein
oontained shall extend to sales by a Sheriff, Clerk
of the Court, Judge of Probate, Coroner, execu
tor or administrator, assignee in bankruptcy, or
by any other person out of the 'order, decree of
any Court, Trial Justices or any other inferior
Court.
SEo. 12. That this Act shall be deemed a public
Act, and shall continue of force fur fourteen years,
and till the end (f the Qneral Assembly then
next following, and all Acts of incorporation or
amendmends thereof repugnalt hereto are here
by repealed.
Approved March 2, 1871.
AN ACT TO nENEW AND AXIEND TRE cHARTER or
TnE TOWN OF XT. PLEABANT.
SEcToN 1. Be it enacted by the Senate and House
of Representatices of the State of South Carolina,
now met and sitting in General Aasembly, and by
the authority of the same, That from and after the
passage of this Act all citizens of this State hav
ing resided sixty days in the town of Mt. Plea
eant, shall be deemed,and are hereby, declared to
be a body politic and corporate, and the said town
shall be ca-led and known by the name of Mt.
Pleasant, and its corporate limits shall be and
remain as at present lixed by la'w.
SEc. 2. That ;he said town shall be governed by
an Intendant and seven Wardens, who shall be
citizens of the United States, and shall have been
residerit of the sal tow'nl for sixty days imme
!liat~ely preceding their election, who shall be
elected on the third Wednesday in April, in the
present year, and thereafter on the same day in
every second .sear, as hereafter provided, ten
days' public notice being previously giveu, and
that all male inhabitants of the age of twenty
one years, c.itizeins of the Stare, and who shall
have resided in the said town for sixty days im
mediately preceding the election shall be entitled
to vote for said Intendant and Wardens.
SEC. 3. That 'the eleCtion for Intendant and
Wardens of the said town. ehall be held in the
Court House, or some other convenient public
place in the said town, from aix o'clock in the
morning untd six o'clock in the afternoon, arnd
when the DOl!s shall be closed the Managers
shall for thwith count the votes and proclaim the
election, and give notice, in writing, to the per
sone elected. The Intendant and Wardens shall
appoint three Managers to hold the ensuing and
subsequent elections. Whenever there shall not
e an Intendant and Wardens, or Intendant and
Warden, from any cause whatever, it shall be the
duty of the Clerk of tho Court for Charleston
County to order such election forthwith, and ap
point three Managers for same. The Managers,
in each cae, shall, before they open the polls for
said election, take an oath fairly and impartially
to conduct the same, and that the Intendant and
Wardens, before entering upon the duties of their
respective offices, shall take the oath presaibed
by the Constitution of this State, and, also, ibe
following oath, to wit: "As Intendant or Warden,
of the town of Mt. Pleasant, I will equally and
impartially, to the best of my ability, exercise the
trust reposed in me, and will use my best en
deavors to preserve the peace and carry into eff:ct,
according to law, the purposes for which I have
been elected: So help me God."
The said Intendant and Wardens shall holl
their oflices from the time of their election. until
the third Wednesday in April in every second
year after their election, and until their succes
sors shall be elected and qualified. -.
Szc. -4. That, in case a vacancy shall occur in
the offce of the Intendant or any of the War
dens, by death, resignation, re.moval, or other
wise, or in case of a tin in said election, an elec
tion to fill such vacancy shall be held, by the ap
pointment of the Intendant and Wardens, or
Warden, as the ease miy be, or- the Clerk of the
Court of Charleston County, if there shall be no
Intendant or Wardens, ten days' public notice
thereof being previously given; and in ease of the
sickness or temporary absence of the Intendant,
the Wardens, forming a Council, shall be empow
ered to elect one of their numbcr to act in his
stead during the time.
SEc. 5. That the Intendant and Wardens, duly
elected and qualified, shall, during their term of
service, severally and respectively, be vested with
all the jurisdiction and powers of Trial Justices,
or other inferior Courts, within the limits ef the
said town, and the said Intendant shall, and may,
as often as he may deem necessary, summons the
Wardens to meet ip Co'ducil, any two of whom,
with the Intendant, may constitute a quorum I to
transact business, and they shall be known by the
name of the Town Council of Mt. Pleasant, and
they and their successors hereafter to be elected
may have' a coJmmon se:,l, which shall be aflised
to all the ordinances. And the said Town Council
shall have authority to appoint, from time to time,
as they may sec fit, such and so many proper per
ons to act as Marshals and Constables of said
town as the Tovn Council may deem necessary
and expedient for the preservation of the peace,
good order and police thereof, which persons so
appointed, eha)i, within the corporate lim
its of said town; have the powr and privi
leges and emoluments, and be subject to all
be obligations, penalties and regulations pro
vided by law for the office of Constable,
and shall be liable to be removed at the pleasure
of esid Council; and the said Town Council shall
have power to establish or' authorize the estab
lishment of the market house in -said town; and
thes said Town Council shall have full pjwer and
-u:hr.t,a n ,. th ennoprate sal,toi make all
such-ruies, by-laws and ordienacs respectig thb4
roads,-streets and market house,xnd th businea
thereof,aud the police system of said town, as
shall appear to them necessary and proper for the
security, welfare and convenience, and for pre
perving health, order and good government with
in the same. And the said Town Council may im
pose fines for offences against their by-laws and
ordinances, and appropriate the same to the nub
lic use of said town; and the said Council shall
have the same power which Trial Justices or other
inferior Courts now have to compel the attend
ance of witnesses, and require them to give evi
dence upon the trial before them of any person
for a violatio;i of any of their by-laws or ordi
nance, but no fine above the sum of twenty dol
lars shall be collected by said Council, except by
suit in the Court of Common Pleas: And, provid
ed, also, That no fine shall exceed fifty dollars;
and, also, that nothing herein contained shall au
thorize the said Council to make any by-laws or
ordinances inconsistant with, or repagnant to,the
laws of this State; and all the by-laws, rnles and
ordinances the said Town Council shall make
shall, at all times, be subject to revis, and repeal
by the General Assembly of this Stae.
SEc. 6. That- the said Intendant and Wardens
shall have full power to abate and remove nui
sances in the said town, and it shall.also be their
duty to keep all the roads, streots and ways with
in the corporate limits of the said town open and
in good repair, and for that purp sse they are in
vested with all the powers heretofore granted to
County Commissioners, and shall have fdli pewer
to classify and arrange the inhabitants of said
town liable to street, road and other public duty
therein, and to force the performance of such duty
under such penalties as are now or shall hereafter
be presribed by law: Provided, That- the said
Town Council may compound with any persons
liable to perform such duty, upon such terms, and
on the payment of such sams as m ay be establish
ed by laws or ordinances: And, prooided, also,
That the individuals who compose the said Town
Council shall be exempt from the performance of
road or public duty, and the inhabitants of said
town are hereby exempt from road and public duty
without the corporate limits of said town: Pro
rided,JurUter, That the sum so fixed shall not ex
ceed two (S2) dollars per annum.
SEc. 7. That the power to grant or refuse
licenses for billiard tables, to keep tavern, or to re
tail spirituons liquors within the limits of the said
corporation, be, and the same is hereby, vested in
the Town Council of Mount Pleasant, and the said
Council may grant licenses to retail spirituous
liquors to such persons, and in sauch quantities, at
such rates, and upon such terms and con
ditions, as the said Town Council may see fit
and proper :-.And the said Intendant and Wardens
shall have the full and only power to impose a tax
on all shows, or exhibitions for gain or reward
within the limits, and all the money paid for li
censes for retailing epirituops liquors, keeping
tavern and billiard tablcs,.and the tax on all shows
for gain or reward within said limits, shall be ap
propriated to the public use of said corporation.
SEc. 8. That the said 'own Council of Mount
Pleasant shall have power and authority to require
all persons owning a lot or lots in said town, to
build a lawful fence, and keep in good repair side.
walks in front of said lot or lots, whenever thS
same shall front or adjoin any of the public streets
of said town, if, in the judgment of the Council,
such sidewalks shall be necessary. the width there
of and the manner of their construction to be de.
signated and regulated by the Town Connil; and
for default or refusal to keep in repair such sido
walks, the Town Council may cause the same to
be put in repair, and requiro the owner to pay the
price of making or repairing: Provided, That such
contract for repairing the same be let to the lowest
bidder.
i SEc. 9. That the said Town Council of Mount
Pleasant shall have power to arrest and commit
to Jail, for a space of time not exceeding twelve
hours, and line not exceeding twenty dollars, any
person or perdons who shall be guilty of disorder
ly conduct in said town, to the annoyance of the
citizens thereof ; a-vd it elhall be the duty of the
Ma.rehal of the tosyn to make such arrests, and to
call to his assietance the posse comit at us, if neces:
sary, and upon failure to, perform such duty he
shall be fined in a sum nrot exceeding twelve dol
lars.
SEc. 10. That the said Town-4Council of Mount
Pleasant shall have power to grant or refuse
license to parties withia the limiits of said town;
and the parties to whom such licenses are granted
shall be subject to such regulatio.ns as may by
Ordinance be established. They shall also have
power to impose and collect an annual tax upon
the assessed property of said town : Provided,
no tax shall be imposed in any one year to exceed
the rate of ten cents on each hundred dollars of
such assessed- property, and that the money so
raised ahall be applied to the use of said town.
The said Town Council shall have the power to
enforce the payment of all taxes levied by the
said Town Council to the same extent and in the
same manner as is now or hereafter sha.ll be pro
vided by law for the collection of the general State
taxes.
SEc. 11. That the said Town Council of Mount
Pleasant shall have power to regulats sales at
auction within the limits of said town, and to grant
licenses to auctioneers: P'ro?vided, Nothing herein
contained shall extend to the sales by a sheriff,
Clerk of Court, Judge of Probate, Executor or Ad
ministrator, Assignee in Bankruptcy, or by any
Iother person out of the order, decree of any Court,
Trial Justice or other inferior Court.
SEc. 12. That alU Acts and parts of Acts incon
sistent with the provisions of this Act are hereby
repealed.
Approved 28th day of February, A. D).18'71.
AN ACT TO INCORPonATU AND nE-cHAETEa OEZTAIN
nELIGIOUs INSTITUTIONs.
SEcT ION 1. Be il enazcted by the SenLate and Hfouse
of Re-presentatives of the State of Soudh Carolina,
now met and silting in Gener-al Asse&>ly, amd by
the autority of the sante', That so much of the
Act passed on the nineteenth day of December,
in the year of our Lord eighteen hundred and
forty-nine, as incorporatcd "The Orangebnrg
Presbyterian Church Society," be revived and con
tinued of force for the period of twenty-or.e
years.
SEc. 2. That Walnut Grove Beptiet Church, in
Ithe County ot Abbeville, in South Carolina, be.
Iand the same is hereby re-chartered for the term
of twetnty-one years, with the esan4e rights, pow-i
ere and privileges as those heretofore allowed by
law. -
SEc. U. That all act3 done or authorized to be
done by the oificers of said Church siuce the ex
piration of its f,armer che.rte~r, be-, and the same
Iare h::rchy d-:clared valid and biniding in all re
epccts and to a:i intents.
Sxe. -1. Whereas RaJ:T Kxox, Joas C. FNG~E,
EEKIEL H IUNNIcUTT, and .Jous L. WmtLsoN, as
trustees of the Ne w Hope i3aptiet Church, in Oco
nec County, have l>raye d to be incorporated:
Thberf ore, from, and imratdiately after,the passage
of this Act, all those persons who now are, or who,
Ihereafter, may become members of the said so
ciety, shall be, and they are hereby, incorporated,
and are hereb>y declared to be a body corporate,
in deed and in law, by the name and style of the
New Hope Baptist Church, Oconee Cou~nty, and
by the said name shall have perpetual succession
of odicers and members, and a common seal, with
power to chacge, alter .and make new the same
as often -as the 'said corporation shall judge ex
pedient.
SEc. 5..That the said corporation shall be ca
pable, inlawa to purchase, have, hold, receive, en
joy, possess and retain to itself, in perpetuity, or
for any term of years, any ladds, tenements or
hereditamente, or other property, of what nature
soever, not exceedmng the sum of ten thousand
Coqrztionsal thinki,and by-A&-said.am.t
to s nd begdd iad be.impeaded
answer and be answered unto, in any Court of law
or equity ii this Sta.0, and make such rules and
by-laws (not repugnant to the laws of the land)
as for the good. government and-management
thereof may be thought necessary and expe
dient.
SEc. 6. That BAIs Hiz, WILEY B. HARBI, WIL
I.IAX ISBELL, LIVINGSTON I8BEL, A. SwAx STz
PRENs, and their successors in office, be, and they
are hereby constituted a body corporate and
politic, under the name and style of the Beaver
Dam Baptist Church, of Oconee County, with a
capital stock not exceeding the sum of five thou
sand dollars, with the right to sue and be sued,
to plead and be impleaded in any Court of com
petent jurisdiction, to have and to hold a common
seal, and the same to alter at will and pleasure,
and with all other rights and privileges that
are now secured by law to like incorporated
bodies. .
SEc. 7. That W. J. PAasELL, Jo. FLETCHE,
RICIAED H. HUMBET, HENRY WASHINGTON, JA
COB LINDSAY, LouIs KELLEY, ABraAM PETEusoN,
and JAcE QUILLIAN, aud all persons who now are,
or-who hereafter shall or may becoma members
of the said society, shall be, and they are hereby,
incorporated and declared a body politic, under
the name and style of the Trinity laptiat Church,
of Forence.
SEc. 8. That the said coroor.- in shall have
power to purchase, receive and ,.,sees3 any real
or pernonal estate for the purpoxc of this Act, not
exceeding in value the sum of t-venty.-ive thou
sand dollars, or to sell the same, and by its cor
porate name sue and be sued, plead and be im
pleaded, in any Court in this State, -and to make
auch rules and by-laws (not repugnant to law),
as may be thought necessary and expedient, and
said society shall have all the powers, and be sub
ject to all the liabilities and restrictions of this
Act to regulate the formation )f corporations, so
far as applic.sble.
SEc. 9. Whereas, Oliver Hewett and his associ
ates have prayed to be incorporated; therefore,
that from and immediately after the passage of
this Act, all persona who now are, or who hereaf
ter shall or may become members of the said So
ciety, shall be, and they ar6 hereby, incorporated
and declared to be a body corporate, by the name
and style of the Binnaker Camp Meeting Society,
and by said name shall have succession of officers
and members, and havo a common seal.
SEc. 10. That said corporation shall have power
to purch-so, receive and possess any real or per
sonal estate, not exceeding in value the sum of
twenty thousand dollars, or to sell the same, and
by its corporate name to sue and be sued. in any
Court in this State, and to make such rules and
by-laws (not repugnant to law,) as may be
thou;ht necessary and expedient.
SE,c. 11. That the foregoing Acts are deemed
public Acts, and the charters and re-charters con
tained in this Act shall continue in force after the
ratification of this Act, for the. term of twenty
one yeare, and until the next meeting of the
GeneralAssembly thereafter.
Approved.tho 7trday of March, A. D. 1871.
AN ACT TO LXCOnPORATE TILE COLUMBIA, WALTER
BOO' AND YE-1ASEE rAIL ROAD COMPANY.
SEcTioN 1. Be it enacted by the Senate and
House of Representatires, t-f the State of South
CaroUina, now met and sitting in General Assem
bly, and by the authority of the same, That Joux
W. BURBRIDGE, Jon T. JzNNINGs, W. ,:. TuOXAS,
J. S. GLovE, BcEEL SANDERS, WILLIAM DRFLE,
G. D. RICHAUDaoN. EDWARD HOIEs, 0. P. WiL
LIAMs, GEORGE F. MCINTYRF, L. J. XADnn.cs, A.
F. O'BICIEN, CALEB SAULS, E. P. HOLMES, RoBERT
SwALLS, N. B. MYERs, J. J. KLEIN, and their asso
ciatos and successors, are hereby constituted a
body politic and corporate, by the name and style
of the Columbia, Walterboro' and Yemasee Rail
Road Company.
SEc. 2. That the said company is hereby author
ized to construct a rail road from the towh of
Branchville, in nearly as direct a line as possible,
to the town of Walterboro', and from thence to
some point on the Charlcaton and Savannah Rail
Road, as near as possible to the town ef Yemasoc,
o'n thie said rail road.
SEC. 3. That for the purpose of raising the capi
tal stock of the said company, it shall be lawful to
open books in the town of Walterboro', under the
direction of JoHN W. BlURBRIDGE, J. S. GL.OVEn
and WILLI.ur DRImFE; at the city of Charleston,
under the direction of JosN T. JENNINOs, WILLIAM
M. THOMAS and E. P. HoL.XEs; at the city of Co
lumbia, under the direction of GEonoE F. McIN
ryEE, G. D. RIcHARDsoN end EDWAaD HoI.MEs, for
the purpose of receiving subscriptions to an
amount not exceeding one million five hundred
thousand dollars, in shares of one hundred dollars
each, for the purpose of constructing the rail road
provided for by this Act.
SEc. 4. That the times and places for receiving
such subscriptione shall be fixed by the Commis
sioners in the town of Walterboro', or a majority
of them, and shall be advertised for thirty days in
one or more newspapers of this State; and the
books for receiving such subscriptions shall be
kept open for sixty d ays at each of the places
where the same shall be opened.
SEc. 5. That on each share of the stock sub
scribed, the subscriber shall pay.to the Commis
sioner receiving such subseiption, the sum of five
dollars, who shall deposit, the same in some
National Bank, and no subscription shall be valid
without such payments; and at the expiration of
the time hereby prescribed for keeping open the
books, the said Commissioners shall make a re
turn of the subscriptions taken by them, and the
slIms paid thereon, to the Commissioncra in the
town of Walterboro'.
SEc."G. That when the sum of two hundred and
fifty thousand dollars shall be sueribed in the
manner herein prescribed, the said company may
meet and organize, at such time and place as maya
be designated by a majority of the Commissioners
herein named for t'.o town of Walterboro', due ,
notice having first been given.
SEc. 7. That for the purpose of organiziDg and
formingthis company, all the powers conferred
by file original charter of the 3iortheastern
Rail Road Company in the Commissioners therein
named, shall be vested in the Commissioners
named in this Act, each subscriber being entitled
to a vote for each share of stock: Procided, That
nothing herein contained shall be so construed as
to exempt the said company from the payment of
taxes, or to pledge by way of endorsement or
otherwise, the credit or the funds of the State of
South Carolina in aid of the construction of said
road.
SEc. S. That said company shall have the fight
to build bridges across navigable rivers: P-cerided,
They shakput in good ar,d sufficient draws, and
shall construct naecessary stations and turnouts,
with one-or more tracks to the roadl, with such
gauge as shl corre-spond to that of the South
Oarolina Rail Road, and may co-operate with such
road or reads as may be chartered by the Stats of
Snth Caroline, forming but one road, at their
dieretion: Procided, That the said road shall be
commenced within one year and completed within
fve years after the passage of this Act, or the
charter thereof eball be forfeited: And procided,
frurer, That said road shall be subject to the
provisions of an Act entitled "An Act to declare
the manner by which the lands, or the right of
way over thg land'., of persons or corporations
may be taken for the construction and uses of
railwaZs and other works of internal improve
met,''>ratified September 22, A. D. 1868.
Anpsoved March 7, 1871.
AN Aer so) AUTEoEIZE AND BEQUIRE THE COUNTY
ooMmIeoSEBs OF BAENWEIL COUNTY TO ESTAB
LIsH A BoAD FBOM BLACEVILLE To ALL-T.NDALE.
S EcTIoN 1. Be at enacted by the Senate and House
of Rep.esentime of the Stna of South Carouina,
nao~p.mmt and gangq *4enraAuseiy, and b ,
the athority of1e same.Thabtthe County Cozm
misionersof BarnwelCounty 1*e,.and. they are
hereby, authorized, npower:ed and required-to
lay out, make and keep in repair a public road i
leading from Bla*villp to Allendale, and:crossing
the Big SatkahatchieSwamp, just above the en- t
trance of Hercules Creek.
Szc. 2.. That said County Commissioners bhall
appoint a competent person to survey and lay
out said road, and, as soon thereafter as practica
ble, cause the same to be constructed.
Sac. 3. That in the construction of this road
contemplated by the previous Sections of this Act,
should there be necessity for the erection of?
bridges, the County Commissioners, on the re
commendation of the surveyor of said road, shall
cause public notice to be given, with the specifi
cations required, and award the building of the 8
same to the lowest bidder: Provided, howecer, i
Said bidder shall file his bond with the proper I
officers, in double the amount of the contract, for ;
the faithful carrying out of its provisions.
SEC. 4. That the County Commissioners be a
further authorized an-i required to order out all
persons liable to road duty residing within four I
miles of the line of said road as created, (excepticg
those living in incorporated towns,) to perform t
three days' work in each month on said road until i
its completion tn the satisfaction of the County
Commissioners, commencing the first month after a
the passage of this Act, notic3 to be given by the r
County Commissioners in the manner that such I
notices have been heretofore given, defaulters to 1;
be fined two dollars ($2) for each day's failure to a
work as notified, the fines to be collected by the 3
County Commissioners, and paid into the treasury
for the use of said County.
SEc. 5. That the bridges mentioned in the third
Section of this Act be completed daring the first
and second months from the commencement of t
construction of said road.
Approved March 9, 1871.
- - t
AN Acr To cHAilTE THE YENASEE AND MILEN BAIL
ROAD COMPANY, IN THE STATE oF SOUTH CARO
LINA.
SzcTio 1. I;e it enacted &y the Senate and House e
of Representatives, (f the State of South Carolina,
now met and silling in General Assembly, and by
the authority of the same, That for the purpose of
establishing 4 Rail Road Company from Yema- t
see, on the Sivanueh and fharleston Rail Road, t
to a point at or near Millen, Gedrgia, that a char- t
ter, with the rights and privileges incidental to f
the same, be, and the same is hereby granted to t
and vested in John D. Bates, Francis E. Douner, t
Louis D. Sam, Danel Johnson, James A. Dunbar, c
Lewis Brum, Emery Washburn, Joun B. Dimr.s, a
Kenney L. Jones, TmTmr HURLET, Anson W.
Thayer, H. H. MoNTooxEY, Geo. Waterhouse, J. e
C. M rayo, J. M. Crofut, H. M. Stewart, H. J. Max- t
well, and their associates ; and when a Company
shall be formed, in compliance with the conditions r
herein prescribed, it shall be khown by the name
of the YLmaseeemd Millen Rail Road Company, a
and shall have a corporate existence, as a body
politic, in perpetuity.
SEc.'2. That the capital stock of said Company t
shall be five million ($5,000,000) dollars, in shares
of twenty-five dollars each; and, in order to raise
the said capital stock, it shall be lawful to open
books of subscription in such places and at such'
times as may 6ie deemed for the best interest of t
the corporation, under the direction of the corpo
rators-the times and places for receiving such i;
subscriptions to be determined by a majority of i
the corporator:; but should such a majority fail t
to fix ruch times and p'acee, then such times and
places may be fixed by any four of the corpora
tors hereinbefore named, having given dae notice
of the same in any newspaper or newspapers of t
the State; and the subscription books shall be 4
kept open fur twenty days from such times and t
at such places as said corporators may deter
mine; that on each share of stock subscribed the
said subscribers shall pay two dollars to the cor
porators, who shall deposit.the sains in some Na
tional or State Bank. -When one. hundred thou- (
sand doliars shall have been subscribed, the said
corporators, or any four of them, shall give notice,
by appigation for at least ten days, of the time3
and place of meeting for organization.c
SEc. 3. Whenever the said sum of one hundred
thousand dollars shanl have been subscribed, the
subscribers, their executors, administrators and
assigns, shall be, and they are hereby declared to
be incorporated into a Company, and shall have all
the rights and privileges conferred upon the Sa
vnnabhud Charleston Rail Road Company,ratified 1
December 21st, A. D., 195>3: Provided, however,i
That nothing herein contained shall be bo con
strued as to .erempt the said Company from the<
payment of taxes.
SEC. 4. That the said Company shall.have the
right to build bridges across navigable rivers:
Provided, They shall put in good and sufficienta
drawi', and shall construct necessary stations ana
turnouts, with one or more tracks to. the road.
with such gauge as will correspond with that of f
the Savannah and Charleston Bail Road, and may I
co-operate with such road or roads as may be
chartered by the State of Georgia, forming t
but one road, at their discretion: Prorided, That
the said road shall be commenced within onec
year and completed within fie years after the pas
sage of this Act, or the charter thereof shall he
forfeited: And provided,farther, That said road
shall be subject to the provisions of an Act en- t
titled "An Act to declare the manner by which
the lands or the right of way over the lands of
persons or corporations may be taken for the con-t
struction and uses of railways and other works of
internal improvements," ratified September 22d,c
A. D.~1868.
SEC. 5. This Act shall be deemed a public Act,a
and continue in force for twenty-one years.
Approved March 9, 1871.
AN AcT TO PRovIDE Fon THE GOVERNMENT OF THE(
SOUTH CARO.INa INSTITUTION Fon THE EDUcATION
OF THE DEAF' AND DUMB AND THE BLIND.
S ECloN 1. e it enact6d by tire Senate and i
Iouse of Represenrtalives of thre State of South
Caro'rna, neo' met and sitting in Genreral Assem
bly, anrd by the authority of the same, That His
Excellency the Governor, the Comptroller-General I
and the State Superintendent of Education be, 1
and they are hereby, censtituted a Board to be t
known by the name, style and title of the "Board.
of Commissioners of the Deaf and Dumb and thea
Blind," and are hereby vested with the supervi
sion aIid control of the affairs and government of I
the South Carolina Institution for '.he Education
of the Deaf and Dumb and the Blind, located at
Cedar Spring, Spartanburg County, S. C. The I
Governor shall be ez offcio Chairman, and thec
State Superintendent of Eaucation Secretary of a
the said Board.<
SEc. 2. That the said Board of Commissionersc
shall meet annually on the first Monday in Novem
ber, at the office of the Governor, and at such
other times and places as the Chairman of thet
Board shall direct. Said Board shall receive no ,
compneationu for their serrices.
SEc. 8. Thlat it shall be the duty of the Secre- I
tary of said Board to visit the South Carolina In- ~
stitution for the Education of the Deaf and Dumb 4
and the Blind at least twice during each school
seiOn thereof, in order to note the condition of
the Institution; the effciency and faithfulness of
the instructors and officers, and the progress of
the pupsils thereof, and to submit to the said
Board written reports of.such visits; he shall he
allowed actua,1 traveling expenses incurred in
making such visits, the same to be.subject to the
approval of the other members of the Board, and I
to be paid from the funds appropriated for the 4
support of the Institution. '
SEc. 4. That~the said Board of Commissioners
hall have power to appoint a Principal and euch
teachers and officers of the Institution as they .1
a deem r,quisieand toi fix their salaries; to
stablish clations fortha
dmission 'of pupil', to thjAnstitution, and:. to
irescribe such rules and by-jaws as.they, in their
adment, shall deem necessary for the manage
aent and good government of the Institution.
Szc.5. That all Acts or parta 'Acts inconsie
ent with this Act be, andthV=-are hereby, re
ealed.
SEc. 6. That this Act shall take effectr om its
assage. -
Approved, March the 7th, A. D. 1871.
AN AOr To iscoRPORaTE TE TOWN OF FLOPEncE.
SEcrio: . Be i enacted by Me Senate and Rouse
f Representatives pf the Sate of South Carolina,
ow met and sitting in General AssemLly, aod by
te authority of the same, That from and after the
assage of tbia Act, all and every person .r per
one %;lo shall have ;esidad in the corporate lim
Ls of the village of Florenee for .two mouths, are
ereby declared to be members of the corporation
ereby to be created.
SE. 2. That the said persons eball, from and
fter the passage of this Act, become a body poli
Ic and corporate, and shall be known -and called
y the name of the town of Florence, and its cor
orate limits shall extend one mils in every direc
ion from the corner of Front and Dargan-streets,
a said town.
SEc. 3. That the said town shall be goveraed by
n Intendant and. four Wardens, who shall have
esided in the State. for one year, and within the
mite of the corporation for sixty-days immediate
r preceding their election.. The said Intendant
ud Wardens shall be elected on the second
londay of the month of April, in each
ear, ten days' -notice being preTiouly
iven, and shall continue in office .one year,
nd until the election and qualification of tbeir
accessors; and all male inhabitants of the said
own who shall have attained the age of twenty
ne years, and resided therein two months im
aediately preceding the election, shall be entitled
o vote for said Intendant and Wardens.
SEc. 4. That the said election -shall be held in
ome convenient public place in said town, from
ix o'cloca in the morning until six o'clock in the
Vening; and when the polls shall be closed the
fanagers shall forthwith count the votes and.de
lare ths election, giving notice in writing to the
ersons elected. The IntenAdant and Wardens, for
he time being, shall always appoint, th.Managers
o conduct the election, who, before-they open
be polls for the said election,.-shall take aaA.oAh
Lirly and impartially to conduct the same. And
be Intendant and Wardens, before entering upon
be duties of their offlces, respectively, take the
ath prescribed by the Constitution of. the State,
ad the following ~oath, to wit.: "As Intendant
or Wardenn) of the Town of Florence, I will
qually and impartially, to the best of myabii
y, exercise the trust reposed in me, and will use -
2y best endeavors to preserve-the peace, and car
y,into effect, according to law, the purpose for
rhich I have.becn elected: So help me God.!
,nd if any person, upon being elected Intepdant
r Warden, shall refuse to act as such, he shAll
Drfeit and pay to said Town Council the sum of
wenty dollars, for the use.of said town; Provided
ut no person who haa attained the age of sixty,
ears shall be compelled to .erve la either of the
aid offices, nor shall.any other .person be com
eiled to serve more than one year in any term of
bree.years.
SEc. 5. That.in case any vaeitcy should o4=
a the office of Intendant, or any ofthe Warus,
,y death, resignation or otherwise, an election to
ill such vacancy shall be held, by the appointment
f Intendant or Warden or Wardens, as the case.
ay be, ten days' previous notice beiag given;
,ad in case of sickness or temporary absence of
he Intendant, the Wardens, forming a Council,
hall Le empowered to elect one of their number
o act as Intendant during the time.
SEc. G. That the Intendant and Wardtpa dly
lceAe and qualified shall, durnng their 'ter-na.of
ervfce, severally and respectively, be vested witti
.1itthe powers of a Trial Justice or other inferior
hourt; and the Intendant shall and may, as often
.s may be necessary, summon the Wardens to
mect in Council, any tw6 of whom shall,. witir the
ntendant, or any threo Wardens, constitute a
luorami to transact business, and .they shall be
nown by the name of the Townt Conced of Flor
ne. And they and their successors, hereafter to
he elect-ed, may have a common seal, which shall
eaflixed to all their ordinances,-may sunand be
ned, may plead and be impleaded in any Courtof
aw or Equity in this State, and purchase, hold,
ossess and enjoy to them and their successors,
ai perpetuity, or for any term of years,- any
'state, real or personal, or mixed, and sell, asien,
ir convey the same: Prosided, The same shall
tot exceed, at any one time, the sum of ttn thou
and dollars. And the Intendant and Wardens
hall have full power to make and establish all
uch rules, by-laws and ordinances respecting the
oads, streets, markets and police of said town,
s shall appear to them necessary and requisite'
or the security. welfare and convenience of said
own, or for preserving health, order, peace and
ood government within the same; and all the
y-Iaws, rules and ordinances the said ConCil
say make shall, at all times, be subject to.revis
r repeal by the General Assembly of this State.
Lnd the said Council may fix and impose fines and.
enaities for the violation thereof, and appropri
te the same to the public uses of said corpora
ion: P'rocided, That no punishment shall exceed
lfty dollars, or thirty days' imprisonment.
SEc. 7. That the Intendant and Wardens of said
own shall.have full and only power to grant or
efuso licenses to keep taverns, or retail spiritu
aus liquors within the limits of said town, upon
uch conditions, and under such circumstances,
a to them shall seem right and proper:~Prorided,
That in no instance shall the price of a license to
;cep a tavern, or to retail spirituous liquors, be
ixed at a lees sum than is established by the laws
ir this State; and all moneys paid for licenses,
and for fines and forfeitures for retailing spirit
ions liquors, keeping tavern and billiard tables
rithin the said limaits, without linenses, shall be
,ppropriated to the public uses of said town:
P)rorided, That the Intendant and Wardens, duly
lected and qualified, shall not have power to
~rant any license to keep taverns or retail spirit
ous liquors, to extend beyond the term for which
hey have been elected.
SEc. 8. That it shall be thne duty of the Intend
rat and Wardens to keep all roads, streets and
rays within their corporate limits open and ia
ood repair. They shall have power to compounad
rith all persons liable to work the streets, ways
.od roads in said town, upon such terms as they
iy or Jinance shall esblish, the moneys so re
eived to be applied to the publicuse of said town;
,nd all persons refusing or failing to pay such
ommutation shall be liable to such fine, not ex
ceding twenty dollars, as the Town Concil may
nipose.
SEc. 9. The said Town Council shall have power
o regulate sales at anetion Within the limits of
aid town, and to grant licenses to auctioneers:
orcdd Nothing herein cont4ined shall extend
a sales by Sheriff, Cl::rk of Court, Judge of Pro
ate, Coroner, Executor or Administrato'r, As
ignee in B&nkruptcy, or by any of the persons'
ut of the order, decree of a':y Court, Trial Jus
ice or other inferior Court.
SEc. 10. They shall also have power to impose
,n annual tax not exceeding fifty cents on every
umndred dollars of the asseseed value of real and
ersonal estate lying within the corporate limits
f said town, the real and personal estate of
hurches and school associations excepted. The
aid Concil shall have power to regulate the price
if licenses upon all public shows and exhibitions
n said town; to erect a powder magazine, and
ompel any person holding more than twenty-five
ounds of powder to store the same therein, and to
cake regulations for the rates of storage thereof,
Continned on Secnd Pae.