The Newberry herald. (Newberry, S.C.) 1865-1884, May 27, 1874, Image 1
A Family Companion, Pevoted to Literature, Miscellany, News, Agriculture, Markets, &c.
Vol. X. WEDNESDAY MORNING, MAY 27, 1874. No. 21.
THE INERALD
IS PUBLISED
E V ERY W E DXES D AY 10 .'XI IG,
It _Nwwr & 11
BY Te 1, GRWKRf
Editor -and Prictor.
is =- riably to AdftnCe
n2*.pe ssoped at the exPkratioz 01
V-'Y The , mxts*4enotm v*pirltiOu of sub
T~~0~EROF PRBATER.
The Raleigh News of the 2*1 iaz. contains
a letter fromaa BAM* MunuAtaa corrtsponden t,
az4,xibidg ibi reteal ewbtqwake to.the earn
est pratera dfftsO B. 0,Areusby, wbo, hay
lgvainly tried to get up a reyiral aniong
Obe matim.e appealed to the Alighirty to
na"rept ~llf.hbyW shaWans the cortui under
MW~ dpo hh~teuutaf labored,
MMUS6 h1 bheels7without4wafting -to point a
moral.
FUsey B. Owen-by-way his~ tribe increase!
LMwes, or did -live3. while natare wa,; at peace,
Nqar 0Od 132d Motwtiin's s.ummit, in the
clouds,
Uemoned,aftr.4row ciry din aud crowds.
Peacmfut be 1pbughied his swemt p-4ta to patch.
In peace prepared -his setting hens to batch;
la peace tafled daily -to increase his store,
Aimd, peaceful still, wrought hard .o maLe it
inore.
Fast by his humble viue-lad cabin stood
Or sa&d, unless Old Bald in hungry mood
Has swallowed it-a co1untry school house
rude,
Builded of logs and daubed with plastic clay
To keep the winter's wind and summer's rain
aW3y.
Hero, on -week days the rustic youth were
N, i t
Their "A B Abs," and ".two times naught is
On Sundas here good Posey sermons read
Z called down sorrow on the s'inuer's bead,
I bk r fih orthodoxy's.r..
Such Scripture tales as ne'er were heard be
How Ananias andhis greedy bride,
Touching a tradu in turpentine, tied;
V oa the instant "both were lightuin'
ins&,k
't"ku 'God was wrathy'st their weeked
work;"
Vownoah',A IMe wAg shortened bv a span
flow long ago it seems; it must
be lcnger :tgo th:in the time when
was only twenty years old, a I
spots in my meniory, and chille
and numbered parts of my feelings
where I cannot look back, an
where I dare not tread and to-ec
lest sudden pain should come bact
like the shooting of an old wount
Been in love ? Yes. I ,houl(
think I have; how else could
have grandchildren, thosoe peopi
who laugh so hearty when I laugh
and make me tell how*old I am
score of times, and say how wel
I am lookimg.
Been in love? I think I wa:
talking of that, was I not ? Yes
been in love. Well, we did lovt
when I .as a young fellow, aid
I recoleet my Alice and I recollee
her as I loved her when she wo
young, and as I love her now.
I think that she could do anything
but drink arid smoke or tell an un.
truth, or do a wrong action. Hei
flace wa- a sweet oval face: her
hair a very dark brown, nearly
black ; and her eyes were a dtep
blue. full or merriment at one mo
ment, aye, at adl moments except
when she heard a sad story ur
was touched with pain for rio Clie
else,and then thl-y grew deeper
as ther 6led with tears. Not for
herself. She never cried for her
self that I know of, for she never
had a day's illness. But she was
terribly cut up when her brother
died, and that you see was how I
knew her. Her brother was my
right hand man in my company.
Many's the time he stood shoul
der to shoulder to me, 1ood at
drill, good at song, good at
anything. . Ie used to live Iear
the coast; and indeed, hi% joined
us and I was one of his Lent fel
lows, and his iin.
Well, he knew people that I
knew, a.d we were sz .n friends.
and lie took me home to shoW 11W
Alice. Ile was always talking
about her, and she about him ; and
when he wa,; there, scarce a look
did she give him. Her brother
his name was Joe, and mine too
could do everything, and was the
be-all and end-all of the world, I
used to think; and so one day I
tried to run with Joe, and Joe beat
me, arid Alice laughed ; and then
I shot against Joe, and he e:4t me
too, and she laughed the m'>re;
and I wrestled with him and
threw him; she didn't laugh then
put ran to see whether he w'as
hurt, and said it wasn't fair for
Joe to tackle a big fellow like me,
although he was nigh an inch
taller. In short, I could not
please her anyhow.
Welt, it was one day when we
heard that the flat-bottomed boats
of old Boney were not coming
over, and that the army of Bou
logue had melted bit by bit, away
like a snow-drift, that we made a
night of it. Aye, it was a nigh t,
too! and being hot and in sum
mer, we must needs keep up the
fun till the sun came up over the
seacoast, looking red and angry at
our folly. Well Joe and I, the two
Joes, as they called us, ran down
the beach and washed our hot faces,
and plunged into the salt waves,
anid were in a minute as fresh and
merry as two larks ; after dressing,
Joe must needs take a walk with
me, wvho was nothing loth you
must know, along the edge of the
cliff. The seas for centuries had
been washing that chalk-bound
coast, and at intervals there stands
up pillars of chalk with seas
around them. The people call
such a place "No Man's Land,"
and no man can own it, truly.
Well, Joe come to one of these
within a few feet, say twelve,
from the cliff, and turning to me,
said: "Joe junior," said he, I think
I see his bright face now. "I chal
lengo you to jump on that 'No
Man's Land,' I do,'"
"Joe," said I, hurriedly, "don't
be a fool! May be it would give
way at the top; and if it didn't
how could you jump back without
a run ? You'd be stuck on the tK
like a mad sentinel or a pillar
saint. I'm rnot going to,jump it.''
"But I am," said he, and Lbfor
I could stop him, if indeed I had
tried, he took a run and jumped.
It was so sudden that I could
only stand aghast when I saw
him there. He stood, indeed, for
a miomenrt, and thena he took a
back :tep, anid would have jarmped
back, when I h2ard a rumbling
sound, anid half the top of thte "No
Man's Land" parted, and the chalk
and earth, Joe, too, fell down with
a crash to the rocky coast below.
1 ran round the little creek to
the other side of a small bay, and
throwing myself down on the turf,
stretched my neck over, looked
ovr, arid cried out, "Joe, are you
hurt, Joe ?"
A faint voice carle up, and I
could see the poor fellow strug.
ging under a huge piece of chalk,
which seemed to hold him downr
in agony. He smiled in a ghast.
ly way, and said: "Run, Joe, run,
h ide' onming- in."
Well, I did run. and wc
ropes froi the tents, and a fe
stroll, 1ellows held them is
swung over the cliff. just reachin
c poor Joe as the cold water wn
lap, l), lappitwng up to his m outni
I taking away his bieath. and thel
[ running back erawling over hir
and Icaving" bubbles of salt f0ar
as if in sport. I got himll out, bu
he could not stand. Some bone
were broken, alll be was badi:
bruised, so that I was forced to i
him to a rope, ndil they haulei
him up, and afterwards pulled i,
Up, and we (uok him home..
Well, well, to make a long stor
short, poor Joe died, with m3
praise on his lips and Alice bowe<
her head like a broken lily. .I
was a long time before she go
over it, and summer had growi
into winter,and winter to suinmer
to autumn, and to winter again.
The threatening invasion was al
over, our swords were gettinL
rusty, our uniforms dirty, ant
when the holidays caine I left thi
firm in which I was a partner, anc
went to spenid a fortnight at my
old friends in Kent.
Alice was there, well and cheer
fal now, and reconciled to her loss
though we often talked of poot
Joe, and as the days wore on we
grew closer together, and she call.
ed me by name, and seemed to
have transferred her brother's love
to me. Slhd never told me so, noi
let others see it, till one merry
Christmas night, when she reject
ed alr her cousins and her other
friends, and would only dance with
me.
We had the mistletoe. At last,
oie mad-enp fellow proposed that
t he ladies should kiss the gentle
mien all around when and how they
could ; and Alice should too; and
,he, in a solemn, quiet way,
'Mlilinu sadly, and yet sweetly too,
took me beneath the Christmas
bough aud kissed me on the lips.
Aye, it's many years ago, but I
feel it now. Mv heart beat so fast
that I hardly dared ret urn it; but
I put my arm around her and took
her gently by the bay-window of
the old hall, saying as 1 pressed
her hand : "Alice, dear A lice. did
you mean that kiss?" -
WVeil, I need not tell you what
she answered. "Tis fifty years ago,
nflly years ago; and I am sur
rounded by Alice's deargranadebil
Idren ; and there is one, a little
thing with light and golden hair,
that will deepen int.o brown, who
plays around my knees and tells
me her little stories, her sorrows
and her joys so quick, so hurried
in their coming and their going,
that they are like my own, and as
we talk we grow quite friends and
compainions, as my Alice was to
me.
Bless you, she understands it all.
Sbe is a woman in her -pretty
ways; her poutings, pettings and
quarrelings. She manages her
household of one wax doll and t wo
wooden ones, and tells me the wax
doll is the lady andl the wooden
ones are the servants in the mob
caps and stuff gowns, when they
gossip with a wooden policeman
who belongs to her little brother
Joe.
So we are fast friends, little
Alice and I, and to-night, on
Christmas night, I noticed she
could not dance or play with the
pink arid shiny faced little boys
who were unnaturally tidy and
clean in their new knickerbockers,
with red stockings ; but she came
and sat by me, and talked softly
g Alice did, arnd made me think
of fifty years ago, And only
think how old times come back,
arid new times like the old; only
just think that when her mother
told mue she could cho"se a sweet
her, ad she got a little bit of
mistletoe, and chimbing slyly on
my knee, and holding ime in talk,
Ias if to hide on purpose, though
I guessed it soon, I tell you, she
put her little doll-like arm around
my neck and holding the mistletoe
:bove my head, she kissed me
again anid again, anid said I was
her sweetheart.
So this child sweetheart brought
the old timies back-the times that
are still so distant arid so near
and the sweet kiss 'neath the rust
ling leav~es mande me thdink ot' my
dead Alice ini the grave.
Braiin-work costs more thanr
hand-w ork. According to careful
estinmates arid analyses of the ex
ertious, three hom4rs of hamrd study
wears out the body more than ;a
w hole day of severe physical labor,
Another evidence of the cost of
brain-work is obtained from the
fact that though the brain is only
one-fortieth the weight of the
body, it receives about onec-fifth of
all the blood sent by the heart in.
'to the system. Brnain-workers
therefore require a more liberal
suply of food, anid richer food,
.thnn manual laborers.
isuellaneltns.
ACTS PASSED AT tHE RE
CENT SESSION OF THE GEN
ERAL ASSEMBLY.
AN ACT To ALTER AND AMEND THE
CODE Of' PROCEDURE BEING TITLE
V, PART II. OF THE GENERAL
STATUTEs.
B it enacted by the Senate and
I House of Representatives of the
State of Soufi Carolina, now met
nd sitting in General Assembly,
and by tie t a:ti hority of the same:
SEcT)oN 1. That the Code o
Procedure, being title five (5),
part, 3 of the General Statutes be,
and the same is hereby, amended
in the se'veral sections t'ereof as
is hereinafter provided:
In section eleven, strike out
sub-division one (1) and insert the
following in place thereof: "(1.)
Ai:y internediate judgment, order
or dcrce: involving the merits in
aetions conmmenced in the Courts
of Common Pleas and General
I Sessions, brought there by origi
nal process or removed there from
any inferior courts or jurisdiction,
and final judgments in such ae
tiors: Provided, If no appeal be
taken urtil final judgment is en
tered1, the court may, upon appeal
from such final judipent, revive
any intermediate order or decree
necssa1rily affecting the judgment
not before ippealed from."
In sub-division two (2) of the
same section. after the word
"trial," in the fourth line, insert
the Following words: "Or when
such order strikes out an answer
or any part thereof, or any plead
in" in anv actionl."
SEcTioN 2. Add to sectiomi forty
one the following words: "And
whenever it shall appear to the
satisfiaetion of ani judge of pro-i
bate that the personal estate of
any person deceased is insufficient.
for the payment of his debts, and
all persons interested m such es
tate being first summoned before
him, and showing no cause to the
contrary, such judge of probate
shall have ,power to order 0he sale
of the real estate of such person~
Idecceased, or of so much thereof as
may be necessary for t he p)aymnent
of the debts of such deceased per
son, upon such terms and in such
maniner as lie may think best;
may grant orders of injunction to
stay proceedings against the ex-'
ecutors or adlministrators of such
deceased person, arnd such other
orders as may be deemed necessa
ry to secure the marshaling and
administering the assets of such
deceased person. All proceedings
u tnder this section to be by sum
mons and complaint, wherein the
time for answering, manner of'ser
vice, oe., sball conform as nearly
as may be to the form and prac
tiee in the Courts of Common
Pleas of this State."
SECTION 3. In section fifty-two,
str-ike out the wor-ds "first section,"
in line one, and insert in place
thereof the words "thirty-filth sec
tion," and in section fifty-seven,
strike out the words "clerk's of
flee," in the fifth line, and insert
in place thereof the words "office
of the Probate Court."
SECTION 4. Strike out section
fifty-eight (58).
SEcTION 5. Strike out sub-divi
sion four (4) of section eighty-1
one ($1).
SECTION 6. In section ninety
one, add the following wor-ds as
sub-division sixteen: "W her-e more
than twenty-five dollars is do
Imanded in a complaint, the same
shall be served on the defendant
twenty days, and wh'lere less than
that sum is demanded, five days
before the (lay therein fixed for
trial : Provided, That if the plaini
tiff shall make oath that he is ap
prehensive of losing his de btby
such debtiy, and the trial justice
considers that there is good reason
therefor, (the grounds of such
apprehension being set forth in an
affidavit. and served with a copy
of the complaint.) he rhay miake
such process returnable in such
time as the justice of the case may
Ireqiiire.'
SECTION 7. Ini scCtioni ninety
eight, strike out the words "forty
yersvher-e they occur in the
fourh ad eihthlines, arnd insert
ini place ther'eof' the words "twenty
years;' anid in secinis omne hun
dred (100), one hundred and one
(101), one hundred and two (102).
one hun dred and three (103), one
hundred and four (104), one hun
dred and five (105), and one hun -
dred aind nine (109), strike out the
words "twenty years" wherever
they occur, and insert the words
"ten years" in the plaIce thereof.
In section one hundred and eleven
.(11 1), strike out the words "twen
ty year-s" on the twelfth line, and
insert the word "ten years" in
place thero, and on the same
Iline strike out the word "ten," and
insert "five" in nlae thenof!
SECTION 8 In section one hui
dred and thirteen (113), a-id t,
sub-division (2) the f'llowin
words : "Other than sealed note
and personal bonds, for the pay
ment of money only, whereof th
period of limitation shai! be th
same as prescribed in the followin
section :
SECTION 9. In section one bun
dred and fifty.seven (157), ad(
to sub-division (4) the followin.
svords: '- fsaid d eendan t is a res
dent of the State, but is teml
>orarily1 absent therefrom1, to : an
person over twenty-eric years o
age, residing at the residence, o
employed at the place of busines,
of said absent person."
SECTION 10. In Section one hun.
dred and fifty-eight (158), aftel
the word "postoffice" on line thir
ty-two, add the following words
"In cases of minors, who canno,
be found within the State, the lik<
order for publication shall be made
and the summons puiblished in :
newspaper, to be designated in th<
order. In addition to the publica
tion, so to be made, the suninmon
and complaint shall be personally
served b1y delivery of a cop3
thereof to such minor; and if un
der the age of fourteen years, altc
to his or her father. mother oi
guardian, or, if there be nonesuch
at the place of his or her residence
to any person having the care and
control of such minor, or with
whom he or shce shall reside, oi
in wlose servied he or she s hall
be employed, unless it is made tc
appear to the-court or judge, that
the place of residence is not known
to the party makiii the applica.
tion, and cannot, with reasonable
diligence, be ascertained by him.
Proof of such )ersonal service
shall be made by affidavit of the
party delivering the copy, sum.
uions and complaint, properly an.
thentivated." In case of persons
imprisoned in the Penitentiary or
in the jail of any county in this
State, and in case of lunatics con.
fined in the Asylum, or other place
of confinenient, personal service
of the summons and complaint,
or other proetes affeccting the
rights of such persons, shall be
made by the sheriff of the county
in which such persons may be
imprisoned or confined, with the
like proof of service as required
in the case of minors, and there
upon, the judge of the court or
tr-ial justice, berore whom the ac
tion is to be tried, shall appoint
sameII attorney or other competent
p)erson, to act as guardian ad litenm
for the persons so imprisoned or
confined, who shall reeive, out of
the proper-ty of such persons. a
reasonable cornpensation for ser
vices rendered in their behalf; aind
the case shall proceed, as in other
cases of persons not under any
disability: Provided, That in cases
of persons imprisoned or confined
as herein stated, beyond the limits
of this State, service by publica
tion shall be deemed suffieien.
That the same section be amended
by str-iking out the words "two
newspapers," in line twenty-two,
and inserting the words "one
newspaper" in place thmereof.
SCTeONo 11. That section two
hundr-ed and thirty-two (232) be
amended by adding thereto the
following words: "In case the
plaintiff does not execute the re
quired undertaking, the party hav
ing possession of the proper ty shall
retain the same until the determi
nation of the suit."
SECTION 12. Strike out the last
sixteen words of section two hun
dred and seventy-fo qr (E7) and1
insert in place ther'eof the follow
words: "-In such cases the cause
shall be placed on the calendar of
issues of fact, and the issues shall
he tried together, unless the court
oth er wise direct."
SECPIoN 13. That section two
hundred and seventy-eight (278)
be amended by striking out the
tirnst nine lines thereof, beginning
with the word "act,".and ending
with the wvord "notice," and 4
sorting in place ther'eof the follow
ing words: "At any time after is
sue, and at least fourtLeen days be
fore court, the plaintiff shall file ig
the clerk's office the summons and
comlal:int in the c'ause, endorsing
ther-eon the nature of the issue
and the 1nmber of the docket up
on which the same shall be placed,
and if the plain tiff fail so to dp, the
defendant, seven days before the
court, may file copies of said pa
pers with like endorsem2ent, and
the clerk shall thereupon place
said cause upon its appropriate
docket, and it shall stand for
trial without any further notice
of trial or note of issue."
SECTION 14. Strike oQt section
three hundred and thirteen (313)
and insert "final judgments hereaf
ter entered in any court of record
in this State, shall constitute a lien
nnon the real entate of the JnAg
ment debtor in tu county xher
the same are entered, for a perio
of ten years from the date of er
try of such judgments ; and i
cases where judgments have bee
obtained since the 1st of March, A
. 1870, a like lien may be obtair
ed by the service of a summon
upon thejudgment debtor, or ifh
be dead, upon his heirs, executoi
I or administrator, to show cause, i
any he or they may have, wh:
said judgmeiit should not be an<
.ecome a lien in accordance wit]
the provisions of this act; and i
I no sufficient cause be shown to thi
contrary, said judgment shall b<
and become a lien on all of thi
real property of the judgmen
debtor in the county where enter
ed, for ten years from the date o
the filing of such summons witi
proof of service thereof, in th<
office of the clerk of the court o
common pleas, of the county wheri
such judgments have been entered
but no judgment shall constitute :
lien on any property of the judg
ment debtor outside of the couuti
where the same is entered, unles:
a transeript thereof is lodged ir
I the county where the property o:
the judgment debtor may be sit
uate; and, from the date of the fil
ing of such transcript, it shal
have the same force and effect a!
if the judgment had been original
ly entered in the county 'in whicl
said transcript is filed. Provided
however, Where any judgmeni
has been obtained, and executior
issued, since the 1st day of March
A. D. 1870, and the said judgmeni
or execution has now a lien by rea
son of a levy, inl accordance witl
the provisions of the code of pro
cedure, then the lien of such judg
ment or execution shall date fron:
the day upon which it became :
lien under said code of procedure.
Provided. further, That the plain
tiff in such judgment may, at any
time in three years after its activ<
energy hasexpired,revive thenjudg
ment with like liens as in the orig.
inal for a like period, by service o
a summons on the debtor, as pro
vided by law requiring him tc
show cause, if any he can, at the
next term of the court for his
county, why such judgment should
uot be revived ; and if no good
cause be shown to the contrary,
then it shall be decreed that such
Ijudgmnent is revived according tc
the force, form and effect of the
former recovery. Provided, fur
ther, That this section shall not
be so construed as to make final
judgment in any case, a lien on
the real property of the judgment
debtor exempt from attachmerrt,
levy and sale under the constitu
tion."
SECTION 15. Strike out section
three ihundred and fourteen (314),
three hundred and fifteen (315),
and three hundred and sixteen
(316,) and insert: "Execution may
issue upon any judgment or de
cree, within three years from the
entry thereof; without any revival
of the same ; when levied onl per.
sonal property they shall be a lien
on such property, for the period
of four months from the date of
such ievy, and such levy may be
renewed from time to time, with
like effect; shall be made return
able, in the words 'according to
law,' and shall have active energy
from the time they shall first be
lodged until the regular term of
the court from which they were
sued, which bhall follow next
after the full completion of five
years from its lodgment; and
may be renewed, at any time
during the continuance ot its ac
Live energy, with costs; but after
the expiration of its active energy,
as aforesaid, the same may be re
newed by the service of a sum
Imons on the judgment debtor, his
heirs, executors, or ad ministrators,
to show cause, if'any they may
have, why the same shall not be
rene wed ; and, if no sufficien t cause
be shown, the same may be renew
ed ; and so, from period to period
tas often as the same may be found
necessary ; and, whenever rene w
ed, shall be subject to the rules
herein provided.
SECTION 16. The sheriff, coroner
or other officer, with whom final
process, as aforesaid, shall be
lodged, shall, at cachi regular term
of the court from which the said
execution or process was sued
out, during the continuance of its
active energy, until fullI exeoution
thereof be returned, make a re
turn to the office of the clerk of
the court of common pleas of his
actings and doings thereunder. If
he shall have fully executed, he
shall return the process, with the
manner of its execution ; if he shall
have partially executed, he shall
return, on oath, to the clerk, a
statement in writing, under his
hand, of such partial execution,
with the reasons of his failure as
to the remainder. Tf ha shall have
e wholly 11ailed to make executivin,
d lie shltJ return1*1, on oat'il, a stat
I. Inent in Writ ing. uundur lis hand
n of hi. lailure, wit) tle reasons.
11 And, in any event, on the firstday
. If II termil at which the active
- ee'rv of' 0 be proees SI:dIl cens.
s as herein provided. he sliall return
e the proces. if the S:m11e :s not
been before2 returnvd a, fully cxe
f cited. And the ret urn of th.- ',fi
7 el, Made as aforesaid, Slili, for.
:I I a l rp o , have tihe sa e I :il
i ull'eet as, if thu- sai.l process had
f been Ild-C roaluri:a!Ie t) the term-111
succCeeAing its first A0.l1:lVt, and
retiewed after each sibs.-qient
3 regfular term. For f'are or nv-g
t leet to make any of the returns
- above mentioned, or for any false
f return, the sheriff, or other officer,
ias aforesaid, shall be subject to
rule. attachment, action, penalty,
f! and all other consequences provid
ed by law for neglect of duty by
(xecutive or judicial officers.
, SECTION 17. Strike out section
- three hundred and thirty-three
and insert in place thereof the fol
lowing: "W hen allowed, except
I in courts of trial justice, costs shall
ro be as follows:
- 1. To the plaintiff for all pro
ceedinrs wherejudgment is obtain
ed by defa ult, fifteen dollars ; for
I trial of' issue of fact, twenty dol.
lars ; ;or trial of issue of law, 6f.
I teen dollars.
2. To the defendant, were judg.
ment or verdict is found for the
defendant, the same costs as are
allowed plaintiff in like cases.
3. To either party, in all contest
ed cases, fifteen dollars ; for a com
i mission to take testimony, ten
- dollars; for the examination of a
- party or witness, beforC trial, five
idollars; for the appointment of a
. of a guardian of an infant, ten dol
lars; for making or serving a case
- or cases coftaining exceptions, ten
dollars; for procuring an order
of injunction, five dollars.
- 4. To either party, an appeal
to the Qupreme court, twenty dol
lars; for argument, thirty dollars.
Provided, That nothing herein
contained shall apply to sits com
menced and existing at the time
Iof the passage of this act, wherein
the costs shall be the s a m e
as allowed previous to the passage
hereof..
SEcTIoN 18. In section three
hundred and fifty seven, strike
out the words "two years," in the
fifth line, and insert in place
thereof the wor-ds "three monthe."
and-add to said section the follow
ing words:
I"No rule or order of any court
or judge shall require the printing
of any brief, report or other paper
connected niith appeals, by any
party to an action or proceeding,
who makes an affidavit, to be filed
with the clerk of the supreme
court that he or she is unable to
pay for such prin ting.".
SECTION 19. That section three
hundred and fift y nine (359) be
stricken out, and that the first
eight lines of three hundred and
sixty (360,) beginning with the
wor-d"if" and ending with the word
"appeal," be stricken out, and the
following substituted in place
thereof:
"A notice of' appeal li-om a judg
ment, directing the payment ot
money, shall not stay the execu
tion of t h e judgment, unless
the presiding judge, before whom,
the judgment was obtained, shall
gi ant a stay of execution ; but, af
tei-notice of appeal, the plaintiff
shall not enforce a sale of' proper.
ty without giving an undertaking
or bond to the defendant, with two
good sureties, in double the ap
p)raised value of the property, or
double the amount of the judg
mnent, conditioned to pay all
damages which the defendant
may sustain by reason of such
sale, in case the judgment is re.
versed. Nor shall the plaintiff"
in such cases be aLlowed to pro
ced with a sale of defendant's
property, if the defendant do en
ter into an undertaking, with good
sureties in double the appraised
value of the said p)roperty, or the
amount of the judgment, to pay
the judgment, with legal interest
and all costs and damages which
the plaintiff may sustain by rea
son of the appeal, or p)roduce the
p)rop)erty levied on anid submit to
the sale, in ease the judgment be
con frmed."
In section three hundred and
sixty-four strike out the following
words: "Whenever an appeal is
perfected as provided by," and in
sort in place thereof: "Whenever
the defendant executes the bond
therebefore prescribed, or the ap
peal is perfected, as provided by;"
In section three hundred and sixty
five stri*- out the word "three'
hundred and fifty-nine," in the
first and second lines. In section
three hundred and sixty-six, after
the word "jiudge," in the fift line,
9,
iasert the words "or clerk." In
scetion three iundred and sixty
seveti. ,trike out the w ords "the
perfecting of al appeal iy giving
the undertaking mentioned in see
tion three hundred and fifty-nine,
and insert in place thereof the
words "the notice of appeal."
SXCTIO. 20. That section three
hur.dred and seventy-one (371) be
amended by striking out all of
said section, after the words "clerk
of the Appelate Court" in the
tIenth (10) line thereof and sub
stituting a pI-iod for the semi
colon; and that sections three
humdred and set-enty-two (372.)
three hmundred and seventy-three
(373,) three hundred and seventy
four (374) and three hundred and
seventy-five (375,) be str;cken out;
and that section three hundred
and seventy-seven be amended by
striking.out the words: "But no
justice of the peace shall be bound
to make a return unless the fees
prescribed by the last section of
this chapter be paid on the service
of the notice of appeal," on the
fifth, sixth and seventh lines.
That section three hundred and
eighty-three be amended, by strik
ing out the words, "And if the par
ty, making such offer, shall have
given an undertaking upon the
appeal, the parties executing such
undertaking shall be liable there
on for the payment of the judg
ment entered by virtue.of said of
fer, beginning on line thirteen,
and ending on line sixteen of sub
division five (5) of said section;
that section three hundred -and
eighty-eight (388) be amended by
striking out the words, "and no
un'lertaking given to stay ex
ecuion shall be enforced for more
than the amounts of the corrected
judgment on lines sixteen, seven
teen, and eighteen;" also, bystrik
ing out the words, "He shall be
allowed to take as part thereof,
the costs and fees paid to the trial
justice on making the appeal, as
disbursements, in addition to the
costs in the Appelate Court, in the
thirtieth, thirty-first and thirty
secGnd lines, strike out the words,
"court below," in fifty-sixth line,
and insert the words "trial jus
tice."
SECTJON 21. That, after the pas
sage of this act no judgment
shall be obtained in the cocrt of
common pleas except during term
time and in open court; and it
shall be the duty of the clerk to
place all cases filed in his office,
in wbich there is no defence upon
a docket to be prepared by him
for the purpose, to be known as
docket No. six, (6) and they shall
be called on the first day of the
term, and the order for judgment
shall be endorsed on the complaint
and signed by the presiding judge,
and no execotion shall be signed
on judgment obtaind by default
in any other manner than is here
in provided.
Aproved November 25, A. D.
1873.
JOINT RESOLUTION PROVIDING FOR
RE ASSENSMENT OF REAL ESTATE
iN~ 1874.
Be it r-esolved by the Senate and
aouse of Representatives of the
State of Sout.h Carolina now met
tnd sitting in General Assembly,
and by the authority of the same:'
Tbat an assessment of the real
property in this State shall be
made in the year one thousand
eight hundred and seventy-four, at
the same time that assessment of
personal property is made, and in
the manner and according to the
rules prescribed for the assessment
of real property in the Act to pro
vide for the assessment,and taxa
tion of property, passed the fif
teenth day of September, 1868.
A pproved March, A. D. 187,4.
AMERICAN IRON.-American iron
is conceded to be superior in qual
ity and strength to English. The
following comnpar-isons wvill show
the relative tensilitfof Lake Sn
perior and English iron, trials
baving been made by the use of
the testing machine made by
Rieble of Philadelphia, which is
that used for all tests in which
the government is concerned: A
one and one-fourth inch chain of
Lake Superior iron withstood a
dra-ft of 101,750 pounds, while a
ebain of English i-rn of ths same
size broke atj test of 76,500
pounds. A five-eighth inch chain,
American, 24,875 pounds; English,
19,000 pounds. A three-fourth
inch chain, A m oric an, 38,000
pounds; English, 26,000; a one
half inch chain, American, 15,825;
English, 8,500, and a seven, six
teenth inch chain, American, 10,
250 pounds ; English, 5,750.
While witnessing a game of|
base-bali near the Depot, a boy
was struek on the back of the head
the bawl coming ont of his month
ADV_ERtf6IfNC RATES.
Advertisements inserted at the ZZLOW$tWe
Per square-one inch-for first insertion, lu
75e- for each sub"euent inserdion. Dotibfi'
COlJnZ adrertisezments tenper centon abOTO.
NA otices of meetings, obitnarkes and nribute s
of respeet, sam6.rates pe squr as ax1inniy
advertisemecnts. -
iSpeclal notices in local column 20',cents
per line.
Advertisements not m=tked with the num
ber of insertloi will be kept in till forbid,
and chargedse6odngi3.
8J;WCiICOI:*Ws madaVd*I-arge adver.
tivCe Ove raI4dfCtLL1a ts .
Done Ift, now, RW414
FOR A HEIMORIFAL '" BER'
She is a w~asherWoman, and she
lives in one ofethe northern mrosa
streets of New -Yo-rk,'Uiot'fijifj-6M
the Hudson. river. .Yoa ma ,y are
"Cell her. 'somue Lime,- .hurrying
-along after -night-fall,--carrying i4t;
her arms that enormons go
clothe.A, and bent 'u'fde'its wiht
Week in,week 0'siojste
tub, at that hardest work that hu
mnan backs aze beir to,'- every mnuff.
cle strained and, bent, as she.602p
and rubs and Wrin's 4iia
out7, she stands at -the'ri,oiibiii'.
ble, lifting and passiig,tO aAd- fro
the eight pounds of sol triol,
seven times heatA-di ifting'- -ad
pushing it all daylong.: &siAing,
mark you,. at -table- 0r to-b, ~
her feet." literalIy, !OaUtgen'. hours
out of the twenty-fouir! -
She supports by her.-bar4 w6rk'
a husband, now quite'an oldtmat
and one child. SLere-O'a~ai
six roomed, house,, two TOOMS, lof
which she retains tor hersel4. and.
the remaining four - rAi .its"'7rzit
to-laboring men'p a ed t rj faimes.
With the rent-of thefe ro6rnis- ian
the profits of -her -OwhXrt*Vr'6rk
she has minaged to--"g&g
comfortably-, and to fiave '.
dollars laid .5y for. a.M, ranY 4y
TLe rainy day cam&ia. theJAu
tumn. Every Man,o'. e~f~