Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, January 11, 1866, Image 4
[oOIfTINUED r^OM FIRST PAGE.]
'Mr- Williams-/ said the old man,
much affected, 'Ijjrjil tell yon, sir, what
I will do. I promise to think soberly
over the matter, to ascertain everything.
I can about your past history and your
present character, to speak to Ellen
on the subject without any effort to bias
her judgment. Come to me to-day week
and you shall have my decision. In the
meantime, continue your visits, as usual,
and just act as though this conversation
had never taken place.'
'But,' said Williams, 'suppose you
find no blot upon my past rnstory, no
stain upon my present character; suppose
you find my family good, my prospects
in life flattering?-will all this nave
no weight with you V
'Certainly,'replied Mr. Rogers ; for
in that case I would be euilty both of
injustice and ingratitude, if I laid an
obstacle in your way. Just satisfy me
on the points yen mention ; and, with
Ellen's consent,?mind! I insist upon
that!?you may win her, if you can.
Now, are you satisfied V*1
am satisfied, sir,' -replied Williams
in a more cheerful tone.
'Very well. And now, sir, let me
ask you if you have any good reasons
for thinking that Ellen will not reject
you, even after my consent is gained ?
Are you sure that her heart is free ??
that her affections are not pre-engaged
elsewhere.?'
'I know nothing whatever of Miss
Ellen's sentiments towards me,' 'said
Williams, for I have never Spoken to
her on the subject. She may reject
me, at first, perhaps altogether; but
that is for the future to deterjpine. So
far as your last remark, of question is
concerned, I can. be satisfied on that
point from the lips of Miss Ellen herself."
' *
And now, Mr. Williams,' said the
old man, 'remember upon what conditions
I base . Hush ! here comes
Ellen now! Let us drop the subject
\ for the present.'
'Why, papa!?you here, all alone?' j
said the fair girl, as she bounded into 1
the room ana threw her round white
arms abont the old man's neck. 'I have
been hunting your dear face all over
the house. O, what dear, glorious
news I've got to tell you! General
Jackson has again . 'What's the
matter, papa?'
Mr. Rogers pushed aside one of the
curls, and put his lips close to the ear of
Ellen, and pointed to the opposite corner
of the room, where Edwin Williams
was standing silent and spellbound.
.
Jjjlien turned and looked upon Wil.
lianas, then, hastily abandoned her seat
Upon her father's" knee, and walked
hurriedly towards the door ; then, suddenly
mustering courage, and remembering
that it was rather impolite to
leave the room without even a recognition
of the visitor, she turned, and said,
gpmewbat bashfully: *frood morning,
Mr. Williams, and pardon my want bf
courtesy. I did* not know that you
were Jhere, or I certainly would not
? have so far forgotten myself, or the respect
which is'due you, by presenting
myself before you in this attire,' ' '
Williams bowed and replied
I am ?ra^jge(j that my vis- 1
it was not maae known to you, Miss 1
Ellena compliment which Elle7v appeared
to understand ver? - ? for she I
fcmshea wdaeem."' - ^ h > .
as she tow^ -
^ ' . ,cu with her UttfcY?Ite a ^
otrmgs and looked uneasily jown Upon
the carpet.
'Yoti were ab^ut to speak of Stonewall
JacksCn.' said Williams, desirous
of turning the conversation, as he observed
her evident embarassment; 'pray
what iB the news V
'Here is the paper, sir,' said Ellen,
handing him a copy of the Richmond
.'Examiner. 'You will know all about
itjby reading the news under the telegraphic
heading.'
'I presume that I will,' said. Williams,
smiling, and looking somewhat sadly
upon the folded paper, which he held
in his hand, 'but' I prefer hearing it
from your own lips, Miss Ellen, not
that the war news is of any particular
interest to- me, or that I am to be affected
to imy material extent by the
temporary success of either party, but
simply because I prefer listening to
you, than taking the trouble to read it
myself.'
Now, there was certainly no harm in
all this, but the manner of its expression
displeased Ellen so much, that she
replied: 'If the matter concerns you so
little and is of such small importance
Mr. Williams, you need not expect me
to favor your request; for the simple
act of reading aloud to you cannot add
a particle of interest to the news, if, in
itself, it is a matter of indifference to
you.'
Mr. "Williams coughed uneasily, and
said, fthere area great many tlnngs,
Miss Ellen, which, in themselves, are of
little importance to me and utterly destitute
of any peculiar interest, which,
when brought to bear upon my mind
through certain channels, possess great
interest.'
Ellen looked at her father, then upon
the anxious countenance of Williams,
as if expecting an explanation of such .
enigmatical expressions, but finding
them both busied with tipir own
thoughts, she quietlj aro$* and walked i
towards the door, -ifabout to leave
the room.' i
'Miss Ellen f said'Williams. i
Ellen turned andlooked upon him. i
'Yott are about to leave with an- I
ger in your heart towards me, are you '
not?' 4 '
'Anger!' repeated Ellen, '0, no, Mr. \
Williams; why should I feel angry to- *
wards you Certainly, not because we
differ in opinion, upon what is of such c
little importance, after all.' Then, af- s
ter a short pause she added, 'But what s
does it matter, whether a simple, icrno- 9
rant little girl, like myself, should be b
pleased or angry witli you.' - j t
'Because,' said Williams, taking the ; 0
hand of Ellen, 'because T desire, craye ' t
?yea! am ambitions for?your' good
will, tout respect, your affectionate regard.
Then pressing the dainty little
hand to his lips, while the fair girl
blushed and trembled in' the intensity
of a new and strange emotion, which
rather chilled than warmed, 'These are
more to me than all the wealth and honor
which this world can give. Tell me,
dear Ellen, am I so enriched as to be
in possession of so vast a fortune ?'
'I'do not know how such a revelation
can enrich you, sir,' said Ellen, quickly
snatching away her hand, and moving
i from his side, 'but if my good will ana
respect are worth so mucn to you, it
woiild be very unkind in me to withhold
the information, that they are certainly
yours in a very large measure. How
can it be otherwise, when you so richly
deserve them both.'
'And your affectionate regard, Miss
Ellen!?am I deserving of that, too?'
'Certainly, sir,' replied Ellen, Mushing
beneath the earnest gaze of Williams
; *1 think a great deal of you?
like you pretty well.'
'Only fo'&e'me, Miss !Ellen,' said Williams,
aisappointedly.
'Why, what would you have me say ?'
asked Ellen, a sweet smile dimpling her
rosy cheek and brightening the beauty
of a face more childlike in the loveliness
of its innocent simplicity, than womanly
in flashing splendor. 'I assure you
of my good will, my unfeigned respect,
and tell you that I like you very well.'
'But you feel no affection for me ??
no peculiar interest ?' asked Williams.
'Yes?of course, I do,' said Ellen.?
'After what I feel I am indebted to you,
it would be very strange, very ungrateful,
if I did not feel some affection for
you.'
'Some affection !' repeated Williams
in a dissatisfied tone, 'I do not entertain
the remotest doubt on that point,
for I believe it quite Out of the question
for you to feel otherwise even towards
this poor dog,' and he pointed to a Newfoundland
lying upon the rug by the
fire. 'I suppoSe, even that brute has
some share of your affection.'
<A very large share, too,' said Ellen,
with much warmth.
'I thought so, 'said Williams, as a
dark cloud passed quickly over his handsome
feathers, 'and do you feel more
affection for me than you do for your
dog ??do you feel even as much ?'
'Fully as much,' said Ellen; 'and
that is saying a great deal, Mr. Williams.'
'"Pprhann if !a lVTioa T7!llor> ' _aoi/1 WI1
W-J-M ^l"VU) ""**u ""
liams,. with a deep sigh. Perhaps I
should be grateful even for that much,'
and he passed his hand quickly over
his eyes, and stood for some moments
intently looking into the fire. Then suddenly
raising his eyes and looking up
on Ellen, with a look of such unuttera- 1
ble agpuy of mifld, th&t the poor girl ]
started j. he continued: 'However you '
may feel towards me, Miss Ellen, it '
would be an act of gross injustice on my 1
part if 1 allowed you to remain in ig- '
norance of the real state of my feelings <
towards you. With your fathers per- ?
mission,'?who, by the way was fast a- 1
sleep, poor old man?'will you grant 9?e (1
a private interview this evehing" at whi<?fc c
tiihe I shall have more leisure to, spea>
to you on?to me, at leaser** . portant
subject,' . all 1m'But
what* <$a>? spea^
* - you possibly have to
ke* *" - ? about, which cannot be spo<1
nere and now ?' asked Ellen in such
unfeigned surprise, that Williams could
doubt no longer of the non-existence
of even the most incipient sensations of
love in the child-heart of Ellen Rogers.
The discovery was too much for him ;
and suddenly seizing his hat and cane,
he rushed from the room, slamming the
door behind him, much to thg surprise
of Ellen, and the evident alarm of the
old man, who started from his rocking
chair, exclaiming:
'A shell!?a shell!' and fell sprawling
upon his back.
{"TO BE CONTINUED NEXT WEEK ]
;
j|ds 0!. ft* ffightolm
THE CODE.
i
AN ACT TO AtoEND THE CRIMINAL LAW.
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 :
felonies without benefit of cleroy.
Sec I. Either of the crimes specified in .
this section shall be felony without benefit
of clergy, to wit: For a person of color to
commit any wilfnl homicide unless-in self. t
defence; for a person of color to commit an '
assault apon a white woman with manifest,
intent to ravish her; for a person of color to 1
have eexoal intercourse with a white woman '
by personating her husband; for a person '
of oolor to raise an insurrection or 1
in tbis State; for any person to idrnish 1
arms or ammunition to other persons who '
are in a siaie oi actual msuwection or re. 1
bellion, or permit them to resort to his house 1
for the advancement of their evil purpose ; '
for any j>eraon to administer, or cause to be 1
taken by any other person, any poison, ohlo- 8
roform, or soporifio or other destructive *
thin^^T' to shoot at, stab, out or wound 1
auypersoD, or by any meanc whatsoever to *
cause bodiry injury to liny person, whereby, 1
in any of these case9, a bodily injury dan- *
gerouB to the life of any person is caused, 5
with intent in any of these cases to commit I
the crime of murder, or the prime pf rape, c
or the crime of robbery, burglary or laroeny;
for any person who had been trans- v
ported under sentenoe to return to tbia n
5 la to within the period of prohibition con- 1<
ained in the sentence j or for a person to o
iteal a horse or a mule, or cottou packed it
d a bale ready for market. p
Sec. II. A kitchen, smoke-honse, corn,
irib, store-room, carriage-bouse, barn or al
table, rice-pounding mill, threshing-mill, 01
tore baru, mill-house, gin-house, work- k<
hop, factory or potato-house, within two oi
mndrca yards of a dwelling-house, and used ot
>y any person residing in the dwelling-house i sc
r in either of the buildings here euumera- {io
ed, shall be considered parcel of suoh ' sh
dwelliog-hoase in respeot to the crimes of
burglary and-areon, and all orimea which,
either by common law or statute, are constituted
or aggravated by being committed
in. a dwelling borse And nnder this section,
any house in which dwells a .watchman
or other person appointed to watch 01
proteot property, shall be considered a parcel
of the dwelling-house, of which all the
buildings jost enumerated shall be proteoted.
some felonies with benefit of clergy,
Sec. III. Hither of the crimeB specified
in this third seotion shall be felony with
benefit of olergy, to wit: * For any person
to attempt to raise an insnrrection or rebel
lion in this State, or to counsel, aid or hire
any other person to raise any insurrection
or rebellion, although no insurrection or fe
bellion may take place; for any person tc
ortminister nr nanap t.n he taken bv aov oth
er person, any poison, chloroform, soporific
or other deleterious tbiog or to shoot at,
stab, oat or woaod any other persoo, or b]
any means whatsoever, to cause bodily in
jury to aDy other persoD, whereby, in aD]
of these oases, a bodily injury, serious bul
not dangers to life, is oaused to any othei
person, with intent in any of these oases t<
commit the crime of murder, or the orim<
of rape, or the crime of robbery, burglary 01
larceny; for aoy portion to oommit an assault
with any kind of loaded arms, or witt
a sword, dirk, knife, axe, hatchet or deadly
weapon, whereby bodily injury to an]
pefBon is caused, with intent to oommit the
crime of murder, or the crime of rape, 01
the orime of robbery or burglary; for ao]
person to steal or destroy, or wilfully con
ceal, any last-will and testament, or any pa
per in the nature of a last will and te6ta
ment; for any person to break and entei
any corn-crib, ootton bo.use, gin-boose,
meat-bouse, stable, shop, store-room, ware
house, counting-house, or other out-bouse;
not by the second section of this Act, or b]
previous law, paroel of a dwelling hoose,
and steal therein any chattel, money or valuable
securities; for aoy person to steal any
bull, cow, ox, steer, or oalf; or :o steal aoy
sheep, bog, or goat; for any person unlawfully
and malioiously to burn or destroy, oz
cause to be burned or destioyed, any cottoo,
in the seed or ginned, loose or in bale,
any corn, shucked or unsbuoked,any wheat,
rice, oats, rye, barley, peas or other grain,
thrashed or unthrashed, any fodder, hay,
straw, or shucks, if property to the value of
ten dollars be thereby destroyed; for any
person, unlawfully azxd maliciously, to burn
or destroy, or oause to be burned or destroyed,
any gin house, mill-house, shop, or other
out house or building, not by the second
section of this Act, or by previous law, paroel
of a dvrelling-honse for any servant
to steal any ohattel, money or valuable security,
to the value of ten dollars, belonging
to or in the possssion or power of his
master or employer, or being in any dwelling
house ; for any person -to take from
any field, not belonging to or being in the
possession of such person, any cotton., corn,
rioe or other graiu, although the same may
not have been severed from t\>e soil fraudulently,
with any intent'seoretty bo convert
>he same to the y.s$ of suob person takinp
he same; for any person wtfcftiiv get g^
? W'jWiM petsoD -wilfoldam,or
disturb any
uuse^' -gate whereby damage may bo
... to the growing, crop. ,
0 TTT rru? ..s. aaink mnnb aV ffllnnW TO1 f K
p?U> I v . J UXJ pUDlOIIUiQUI^Vi IO?V"J
benefit, of clergy, for the first offence,-shall,
at the discretion of the Court, be by one or
more of the following modes, to wit': transportation
beyond the limits of this State,
and prohibition of return for a period not
less than five years; confinement in a penitentiary,
work-house, or penal farm, (when
such institutions shall exist for a period not
less than 3 months, nor more than 10 years;
with such imposition of hard labor and solitary
confinement as may be directed ; whipping
in all cases involving thecnWn falsi;
disqualification to vote, for a . term of years
not exceeding twenty, at. anyelcotioo made
by the people of this State,. or any part
thereof, for any civil or political office; con
fioenientin tread mill oretocks, solitary con
finemeot, bard labor, corporeal puoishment;
imprisonment, not less than three months
nor more than ten.years; fine, not less than
one hundred dollars, nor more than five
thousand dollars. But do punishmeDt more
de?radin? than imnrisonment shall be im
?a ?"P *
posed on a white person for a crime hot infamous.
some misdemeanors
Sec. V. The oflFences specified in this fifth
section, shall be aggravated misdemeanors,
to wit: ' For any person to administer or
attempt to administer to any other person,
or to cause to be taken, or to attempt to
be t&keD, by'any other persoD, any poison,
Chloroform, soporific, or other deleterious
thing; or for him to commit an assault on
any other person, with intent in any of these
cases, to commit the crime of murder, or the
orime of rape, or the crime of robbery or
larceny, or with the Intent to maim, disfigure
or disable such other person, or to do
some other grevious bodily harm to socb
jther person, or with intent to resist or pre?opt
tba lawful apprehension or detainer of
iny person, although no bodily injury may
!)e affected; for any servant to steal any
jhattle, money or valuable security below
;he value of ten dollars, belonging to or in
;he possession or power of bis master or em\lnwor
nr Koinn tn own U'?
,.wjv | V. wiug IU BUJ unciuug UUUOO j 1UT
my person unlawfully and maliciously to
mrn or destroy, or cause to be burned or
lestToyed, any agricultural product, alhough
property to the value of ten dollars
nay not thereby be destroyed; for a servant
o assault, bis master or employer, or any
pembier of his master's or employer's famiy,
or any person authorized to direct and
ontrol bim.
Sec, VI. All simple larcenies and thefts,
rhere the value of the goods and ohattels,
looeys and valuable seourities is Btolen, is
;ss thoD ten dollars, shall be misdemeanrs,
punishable by whipping, corporeal puuibment,
hard labor and the necessary imrisonment,
at-the discretion of the Court.
Seo. VII. Of chattels, moneys and vain
trie securities, which were delivered by the
wners thereof to any other person to be
ept, oarried or otherwise dealt with for the
arner, or which were in tb< ocstody of any
ber person, nnder any trust reposed in
ich other person by the owner, the felonus
carrying away by such other person,
tall be larceny.
- ' v: :r.. -?; 9 " x , " . J'~
8ec. VIII. If any clerk, servant or other
employee, shall receive or take into tiis
possession any chattel, money -of valuable
security, for or in the name of, or on the
account of his employer or master, and
shall fradaleotly embezzle the same, or aay
' part thereof, each clerk, servant or employ.
ee shall, upon oooviottoo thereof, be.pao.
? ished io the same way as if be had been
oonvieted of having feloniously stolen from
* * ? mAnono ra>
vuu cuipiujor ur uuiiaier, uumwcio, v.
, valuable securities of the same amount in
I value. In any suob case, ezoept when the
, offence shall relate to a* chattel, it shall be
, sufficient to allege the embezzlement to be
. of money, without specifying any particu,
lar coin or valuable security, and to prove
, the embezzlement of any amount of moneys
. or valuable securities. If in any such oase,
, upon the trial the proof shall show a larce.
ny, the Jury shall be at liberty to return a
> verdict that the offender is not guilty of eta(
beeslcmeot, but is guilty of simple larceny,
p or of larceny as a servant, as the case may
. be; and upon the trial of a cl6rk, servant
r or employee for larceny, if the proof shall
t show an embezzlement, the Jury shall be at
r liberty to return a verdiot that the offender
, is not guilty qf larceny, but is gui'ty of
y embezzlement^ and thereupon, in either
r ease, the effect shall be the same as if the
. offenoe whereof the offender is found guilty
, had been specially alleged; the amount in
. value being takeu to be that whioh is alT
leged, unless the verdiot shall fix a less
, amount. No person-tried for embezzlement
r or larceny as aforesaid, shall be liable to be
j afterwards prosecuted for larceny or ambez.
zlement upon the same facts.
Skg! iX. If any person shall inoite, pro
cure, hire or counsel a servant to commit a
r larceny or "embezzlement of any chattels,
, money or valuable security of his master,
- such offender shall bo guilty of an?offence,
and according to the event, may be a mis'
demeanor or a felony. If the said larceny
, or embezzlement should not bo oommitted
by suoh servant, the offender shall be gnili
ty of a misdemeanor, and apon conviction,
1 be punished as if he bad been convicted of
simple larceny of goods below the value of
' ten dollars. If the said larceny or embezzlement
should be committed -by the servant
and be itself only a misdemeanor, the
offender aforesaid abalt be deemed a principal
in that misdemeanor, and upon conviction,
be pnnisbed accordingly. If the said
larceny or em5ezzlement committed by the
servant should he a felony, the offender
aforesaid shall be an aocessory before the
fact, may be tried and oonvioted, whether
bis principal be or be hot previously oonvioted,
and upon conviction shall be pun.isbed
according to the nature of his crime
under the law.
Seo X. A person of color who is in the
employment of a master engaged in husbandry,
shall not have the right to sell any
corn, rice, peas, wheat or other grain* any
flour, ooiton, fodder, hay, baoon, fresh meat
of any kind, poultry of /my kind, animal of
any kind, or any other prodoot of a faro,
without having written evidence from each
master or some person authorised by him,
or frox". the District Judge or a Magistrate,
that he has the right to sell suoh produot;
and if any person shall, directly or indirectly,
purchase any snoh product from euoh
person of-color, without suoh written evidence,
the purchaser and seller shall each
be gnilty of a misdemeanor. The pQTobaser,
upon oouviction of any suoh ofieuee,
shall be liable to a fine not exceeding five
bondred dollars, aDd to suffer imprisonment
not exceeding twelve months The seller
shall be liable to a fioe of at least five dollars,
aod at least equal to twice the value of
the product sold, and if it be not immediately
paid, shall suffer corporeal punishment.
Sec XI. It shall be a misdemeanor, for
any person not authorised, to write or give
to a person of color a writing which professes
to show evidence of the right of that
person of color to sell any produot of a farm,
which, by the Section last preceding, he is
forbidden to sell without written evidence ;
aod any person convicted of this misdemeanor
shall be liable to the same extent
as the purchaser, io the section last preceding,
is made liable; aod it shall be a misdemeanor
for a person of oolor to exhibit,
as evidence of his right to sell any produot.
a writing whioh be knows to be false or
counterfeited, or to have been written or
given oy any pereoa not auinorizea \ ana,
on oonviction of this demeanor before a
District Court or a Magistrate, such person
of color shall be liable, as in seotion last
preceding, the seller is made liable. These
provisions shall mutatis mutandis &xtend
to cases where the writing professes to be a
permit of absence, or permit of any other
kind. The tines in any of these oases being
at the discretion of the Judge or Magtrate..
Sec. XII. Where no speoial punishment
is provided for a misdemeanor, it shall, according
to its nature and degree, be punished
at the discretion of the Court, by one
or more of tho modes of punishment which,
in the fourth section of this Aot, have been
enumerated for a ,felony with benefit of
elergy, except transportation.
Sec. XIII. Persons of oolor constitute
no part of the Militia of the State, and no
one of them shall, without permission in
writing from the District Jndge or Magis
crate, De allowed to Keep a nre-arm, swora
or other military weapon ; except that one
of them, who ia the owner of a farm, may
keep a shot-gun or rifle, such as is ordinar.
ily used in hnnting, but not a pistol, musket
or other fire-arm or weapon appropriate
for purposes of war. The District Judge
or a Magistrate may give an order, under
whioh any weapon unlawfully kept may be
seiied and sold, the proceeds of sale to go
into.the District Court Fund- The possession
of a weapon in violation of this Act
shall be a misdemeanor, whioh shall be
tried before a Distriot Court or a Magistrate,
and in ease of oonviotion, shall be
punished bye flue equal to twice the value
of the weapon so unlawfully kept, and if
that be not immediately paid, by oorporeal
punishment.
Sec. XIV. It shall not be lawful,^for a 1
person of color to be the owner; ia .whole 1
or in part, of any distillery where apiritu- ]
our liquors of any kind are sold bj refsil;
nor for a person of color tfcjbe engaged in i
distilling any spirituous liquors, or nt retail- i
ing tho same in a shop or elsewhere.' A i
person of color who shall do aujtbttog eon- i
trary to the prohibitions herein oo&ained, 1
v . Tgr: -r-yi- . -s-.fr8ball
be guilty of a misdemeanor, and, upon
conviction, may be pnniabed by fioe or.
oorporeal'pnilishment and hard labor, as to
the District Judge er Magistrate before
whom he may tried, shall seem meet.
Sec.. XV. If any person shall falsely
personate any master or employer, aod shall,
either personally or io writing,'give any
false, forged or counterfeited character to
any person offering himself to be hired as a
servant, snob person offending shall be guilty
of a misdemeanor.
Sec. XVI. If any person shall knowingly
and wilfully pretend, or falsely assert
in writing, tbat any servant baa been nirea
or retained for any period of time whatsoever,
or in any station or oapaoity whatever
other than tbat for whioh, or in wbioh, soch
servant shall havo been hired or retained,
such person so offending shall be guilty of
a misdemeanor. '
Sec. XVII. If any person shall koowingly
and wilfully pretend, or falsely assert
in writing, that any servant was disoharged
or left his serviee, at any other time than
tbat at which he was disoharged or aotoally
left snoh service, or that any snob servant
bad not been hired or employed in any person's
serviee, contrary to troth, then, in
either of these caseB, snob person shall be
guilty of a misdemeanor.
Sec. XVIII. If any person shall offer
hfrnself as a servant, asserting, or pretending
tbat he bath served in. any servioe in
whioh be shall not aotoally have served, or
with a false, forged or counterfeit certificate
of his character, or shall, in anywise, add
to, or alter, efface or erase any date, matter
or thing contained in, or referred to, in any*
certificate given to him by his last or former
aotnal master or employer, or by any other
person doly authorized by such master or.
employer fo give the same, then, in either
of these cases, such person so offending,
shall be gnilty of a misdemeanor.
Seo. XIX. If any person, having before
been in service, shall, when offering to hire
himself as a servant in any'service whatsoever,
falsely and wilfully pretend not to
have been hired or retained in any previous
service as a servant, soch person so offending
shall be gnilty of a misdemeanor.
Seo. XX. In ease of conviction of either
of the misdemeanors speoified in the five
sections fast preceding, the punishment
shall be a fine not exceeding one hundred
dollars ; and in case the fine shall not be
immediately paid, there shall besnbstitotion
of other punishments, as hereinafter
provided. 4
Sec. XXI. Every wilfnl trespass is hereby
deolared to be a misdemeanor, and any
person guilty thereof may be either sued for
damages, or proseoated for the misdemeanor,
at the option of the party injured ; and,
in oase of oooviction of -the misdemeanor,
the punishment shall be a fine apportioned
to the damage done, and the circumstances
of enormity attending the trespass, with
substitution of other punishment, as hereinafter
provided, if 'the fine be not immediately
paid.
Sec. XXII. No person of oolor shall migrate
into and reside in this State, unless
within twenty days after his arrival within
the same, he shall enter into a bond with
two freeholders as sureties, to be approved
by the Judge Of the District Court ore
Magistrate to a penalty of one thousand dollars,
conditioned for his good behavior, and
for his support, if he should become unable
to support himself. And iu case any such
person shall fail to execute the bond as a.
foresaid, the District Judge or any Magistrate
is hereby authorized and required,
upon complaint and doe proof thereof, to
issue his warrant commanding such person
of color to leave the State within ten days
thereafter. Add if any snob person, so or
dered to leave the State, shall not leave the
State within the time prescribed io such
warrant, he shall, upon conviction thereof,
be liable to such corporeal punishment as
the Court in its discretion shall think fit to
order.. And if an; such person so convicted
and punished, shall still remain within
the State mote than fifteen days after the
punishment shall have been inflicted, or
having led tbo State, shall return to the
same, he shall, upon oonviotion thereof, be
transported beyond the limits of this State
for life, or be kept to hard labor, with occasional
solitary confinement, for a period
not exceeding five years. And if any person
of oolor, who shall have been cOnvioted
of any infamous offence in any other State
or countryj shall come or be brought into
this State, suoh person of color, oo convicfirm
tKoront ukoll Kn trn norvnrfo^ Knunntl
WIVU vuuavway UUBII WV VIHUO^/Vt WU
tbe limits of this State for life, or be kept
to bard labor, with occasional solitary confinement,
for any period not exceeding fifteen
years. ' ;
provisions extending to all glasses
? of 0fpencb8 and all courts?some
' provisions under heads extending
to all opurts.
Sec; XXIII On tbe trial of any person
for felony, when the oriine charged shall
inolnde an assault against the person, it
shall be lawful for the Jury to acquit of the
felony, and to find.against the person indicted
a verdict of guilty of assault, if tbe ovi- 1
dence shall warrant such finding; and when 1
such verdict shall be found, the Court shall '
have the power by sentence, to impose upon
the person so found guilty, punishment by
fine, imprisonment, hard labor, corporeal
punishment and solitary confinement, one*or
more, as may, in the opinion of the Judge,
be required by the degree of the offence.?
In like manner there may be. conviction of
any less offence contained in a greater which
is oharged, and punishment at the discretion
of the Court, aceording to the nature of the 1
offence of whieh the accused has been found |
guilty. I
Sec. XXIV. When several persons of t
color are convicted of one capital offence, }
the Jury which tries them may recommend' *
one or more to mercy, for reasonB which in i
their opinion mitigate the gnilt; the Dis- >
triot Judge shall report this ease' with bis (
opinion, and the Governor shall. do in the
matter as seems to him meet. The same
may be done when only one is conyinted of .
a. capital offend* , before seatenoe of death
shall be executed in any cade, time for application
to the Governor shall be allowed.
Bttditbdr .shall be work on the '
roads, streets, or paptic works, under the ^
supervision of A superintendent of oonVfpta, r
f there be such "an officer, who can be-eon- *
leniently employed, or under the supemV (
on of the Sheriff; a Nonstable, Jeihor, or
C
other person that maybe appointed by the
DistrictJudge, or by the Sheriff, or it shall
be work oo any building or other undertaking,
or iq soy business of a private individual,
who Will pay reasonable iragea,-and
can be safely entrusted witb the supervision;
the Judge or the Sheriff, under the
direction of the District Judge, making
choice of the place and manner of employment
from time to time. In any case.the
work may, according to the directions of the
Jodge, be without unoaoal pain or restraint,
or it may be done in a chain gang, or with
ball and oLaio, or aoder other pain or barden
; and it may be without, or may be at*
tended with confinement. A Magistrate
shall, as to eases before him, base the power
which is here given to the District
Judge.
XXVI Corporeal punishment is intended
to inolnde only saoh modes of punishment
not affecting.life or limb, as are used*
in the army and navy of the United States,
adapted in kind and degree to ?he natnre
of the offence. The sentence in each case
and directions of the Jndge or Magistrate,
! shall define .it. Whipping, when it is provided
for by the law, shall be iofiioted as
beretofbreu
Sec. XXVII. Whenever, finder any law,
sentence imposing a fine is passed, if the
fine and oosts be not immediately paid,
there shall be detention of the oonviet, and
substitution of other punishment. If the
offence should hot involve the crimen falsi,
and be infamons, the substitution shall be,
in the ease of a white person, imprisonment
for a time proportioned ta the fine, at the
rate of one day for eaoh dol&V and in the
case of a person of color, enforced labor
without bnneeessary pain or restraint, for a
time proportioned to the fioe, at the pte of
one day for each dollar. Bat if the offence
shoald be infamous, there shall be subatitu
ted for a fine, for imprisonment, or (or
both, hard labor, corporeal pnoisbment, solitary
confinement and confinement in treadmill
or stocks, one or more, at the discre
tion of the Judge of the Superior Court,
the District Judge or the Magistrate, who
pronounces the sientenoe. In this sot, and
in respeot to all orimes and misdemeanors,
the term servant shall be understood to embrace
an apprentice as well as a servant on*
der contract.
' SUPERINTENDENT 0* CONVICTS.
Sec XXVIII. The District Judge, when
be may think it necessary, shall have power
tn ftnnnint a. Hnnerintendent of'Conviots.
"rrw,T* - ?r ?t. -- w
whose doty it shall be to superintend 88
many ae be oan of - convicts eeoteooed to
bard labor, to ioflict corporeal punishment*
directed apoo all cooviots within Jiis reach,
and to execute the orders of the' Judge,
Sheriff or Magistrate, in relation to these
matters. The Superintendent shall, at his
pleasure, hare access to apartments in the
jail for necessary confinement of oooviots,
and may, by all neoessary means, enforce
his authority over-the convicts under. his
supervision, punish their disobedience, and
overoome resistaSee, or attempted resoue
offered by thorn, or aoy other person ?
When he shall deem it necessary, be may
. . * .? .1
call upon tne posse comuaeus, witn .ine
same effect aad under like penalties to
those who disobey if, as the Sheriff might
do. The Superintendent shall leceive a
suitable ooapeosiitioa/to be fixed; by the
District Judge, aad paid from the District
Court Food. All wsges received from the
labor of oonviots shall go into that fund,
and from that shall, be provided food and
other necessaries for the oonviots.
ABBEST Of OFFENDERS. _
Sxo. XXIX. Upon view of a misdemeanor
committed by a person of color, or by a
white person toward a person of oolor, a
Magistrate may arrest the offender, and,
according to the nature of the case, punish
the offender summarily, or bind blrn in recognizance,
with sotSoient safeties, to appear
at the next monthly sitting of the District
Court, or commit him for trial before
the Distriot Court.
Seo. XXX.. Upon view of a misdemeanor
committed kby a person of eolor, any person
present may arrest the offender and take
him before a Magistrate, to be dealt with
as the case may require. In case of a mis
demeanor committed by a white person toward
a person of color, any person may complain
to a Magistrate, who shall cause the
offender to be arrested, and, according to
the nature of the ease, to be brought before
himself, or be takeo for trial in the.Djstriet
Court..
Sec. XXXI. Upon view of a felony com-'
mi t ted, or upon certain informatioo.tbat a
felony baa been committed, any person
may arrest the felon and take him direotly
to the District Judge or a Magistrate, to be
dealt with aoeordiag to few.
Sec. XXXII. In the night time any
person may be arrested by such efficient
means as the darkness and the probability
of his escape render necessary, even if bis
life should be thereby taken, in eases where
be has committed a felony, or has entered si
dwetlivg-bonse with evil intent, or has broken,
or is breaking into an oat hoase, with
a view to plnnrfer, or has in his possession
stolen property, or being ander circumstances,
which raise joat suspicion of his
design to steal or commit some felony, flees
when he is hailed.
In-the Senate House, the 'twentieth day !
of December, io the year of oar Lord ,
one thousand eight hundred and sixty
five. i
W. D. PORTER, !
President, of the Senate. ]
C. EL. SIMONTON,
Speaker of the Hoase of Bepresentstives.
COUTH CAROLINA.?YORK DIS- j
O TRiCT.?Where#* WM. WHYTB bu applied to
ne for Learn of Administration, on all and singular, j
be goods and chattels, rights and credits of Rev. A. (
late of the District aforesaid, deceased. ,
These are, therefore, to citeand admonish all and singular ,
he kindred and creditors of the said deceased, to be and
ppear before me at our next Ordinary's Court for the sail j
Jistriet, to be holden at York Court House, on the 15th j
toy of January instant, to shew-cause. If aay, Why the said J
IdmlnJ.itraUon should not be granted. .. . w
~ ???*- O?I ?Ma OA Jaw af JauMaru.
riven unuer my najiu^ auu jjj| haodrStfi d '
Januiuy 4 " ^ ~ ^ ^ ^ ^
3? CEIV1NG dirtctfrom Northern cities a LARGE
nd VARIED assortment of GOODS, rich U are asual ly
ound In a wen appointed store. From his lougftxpertcncc
,9 a merchant, lie flaucn himself to be able to please all
ioicK Sktaa''I? my mottb.
$. ft: BATCHFORD.
3eptenb?r? - 22 if
IX TH 05OOIJ
^ict' Bto^^SdwI^jSc^E&w
Doetcr^Slnah ^j^CT^Rob^Datier aa* X^wt*ac^c^
BameM, and wife, M?s*ret E. { WflUnn PrtmilMltt
wife, MarthaL?tiiidrcn of Margaret A. Bcbtoao, formerly
-ifcnpyw Ai Doner, heire-at-Iaw bf Stock Saner,
h^app^lug to m/ gatlrticttott dwttJo^^ jf
ONE OP THE TAX LAW3 OP THE t7. STATES.
There arc probably bat few of the reader* of tbir paper
who know the detail* of tM Stamp Act. Yet, there V no
law, State or JTadonal, the provtaam .?Tw|MB??SM?
^Tu.
I c* ^r; sriayatrt.Wf^'^^^''' "fe^iS^fr
ACKOWLKHJMENT?of deeds \~^J&jj?*
^^oorplec?^^ on mttdk ibe ^
Barmi%aMm% .;
and intended to be, and which shall be forthwith
presented for payment] for a situ not exceeding
For every additional hundred doflars, or fimdtioeal > A
B^SOPLADiNG?of vessels for pone oftUs** " 1
United States or British North America exempt
Or receipt of go-vls on any foreign porta 10 CMKC
BILL OFS ALE?of any rewttt, or pdn foerecf,
when the conaldenuioa. does not exceed dve "-J3K
hundred dollar* 50 cents
E receding $30tf and not exceeding $1,000 $1,00
exceeding $1,0G0, (breach $500, or (nttiotCU :. ?5^per?onal
property [other than sldp'oe nieldj $ ceuis
BOflto?personal, for payment-of money [See . >
For Indemnifying any person for the payment of
any ram of money, where tbe money ultimately
recoverable thereupon* $1,000 or tarn iflMMS
Wfcegi the money recoverable exceeds $1,?0,
for errry additional $1,000, or fractional part^
BONDS?county, city andtown bona*, rafoo# '
[ feet to stamp duty. [See Mortga|e.p'?S^SwS5
Of any description other than racb as art tt- .
uulrcd In lamu proceedings, andenebnaare not
otherwise barged in this KhtdaltZpyggtjg: - ttMh
CERTIFICATES?of deposit In baa*, sum not
exceeding one hundred - 5^Sn
Of stock In an Incorporated company t^ajM
or t flniUflcadon of ,a Justice <*f (he Peace
Commlsriener of Deeds or Notary PaMlc acsttts
Of search of records
That certain papers are on file - " 5 ceats
That certain papers cannot be found 5 cents I
Of redemption of land sold for taxes 5 coats v
Of blrfo^m^^^d^o^^ ^ i|5? I
Wtalee otherwise^ and all other ceaid- i ;
cESSSyS8
c5ec^"dSfT OR ORDER?for the daymeai
of any sum of money, exceeding $10, drawn upon
onypccso* ofber than abaalt. baahes or a >
trust company, ax sight or on demand.; ";lw5?W?
CONTRACT?[See Agreement] - . ^ I
CONVEYANGE^dead,- Instrument, or ?HM>$ ' ?
cot exceed $SW p.. j- ,., Of <a/m
Mtate doea^trt exceedfrtcticwajf'^ ^ 'C0 ^
PUOTEOT^**' "Y aubj?cl to *b&$1^0
aECK[PT~for die ^ymeru of any ?^of money ^
UteAnDeTuiiMnTMMi.'1' [fit i^fl'ii
WABE^^^RTCEffT-fa PEST
Cm, not exceeding &<& in r*Im***. .
^Jbeeediiig $600, and not exceeding f1,000 . _*> centa
^toctional pan thereof, in eicew of .10 ceftp
stored o^r SepSsited In apy^SKcorpdwts ^ 1
er legal process, by wfelcb any salt UctmuneaS^SPST
In any court of record, either of Jaw or equity at cents
Writ or other original process Hsped by ? foot *Vx?
not of record, where toe amount claimed is #100.
UjMMjYery confession of JudgwentaMXM^
fara
tbe com Id eratl wi pahi^for the in* ^
Clause of'guaranty of payment of rent; lucorpo- I
^ rated or Indbnre^Tccents additiedoC^^^^ jjjfc
Mil of 8ale, ot[perooootaSOenU ?
PAWN^^M?UtiUKti'lnCXCe* ?f*500 ^ cena J
Panyfo^f^^^tt^ftotroro'than cents
Costlnx more than ?35, and not exceeding #59 #1.00
For every additional $50, or fractional part them- 7
of, tn excess of $50 ^ $1.00
GENERAL REMARKS.
Revenue Stamps may be need Mlwtlti'tinaody apon any
of the mutter* or things enumerated tojftflndule B, except
proprietary and playing aurd stamp*,' (br which t.speed}
use has been provided. :~J- ' , T-' '""-25
Postage stamp* cannot be used lb payment of the duty
tbnrgeableon instruments.
It Z? ilia duty of tbe mater of an Instrument to pfi&ud
tancel the stamp tbweon. if .be negieeU ? do ao, tbe
party for whose u* it 1* made may stamp It before It 1*
used; but in no onto can It be legally used wlQioat aetsasp;
ind tf used after the 3t)th of June, 1884, and used without M
j stamp, It cannot afterwards be eifectuaUybtauiped. Any "OB
failure upon tbe part of the maker of an Instrument to appropriately
stamp tt, renders bim liable to a penalty of two
Salts arc commenced in many 8tales by aittgf fjfik&as
than writ,' vis: summons, warrant, tmMlcadoe,^?titk?,
ko., In which ease these, as the orlftojtpioceJS, sererully
rett^tefl,c!n. are flrfdeet m etamp d^asotlgl ? f
'Tu^umof an affidavit, taken before a\
rcace, nouuy ruouc, or outer oracer auiy invrueo to
ake aifidavla, to held to be* certificate, and; ttftlMt to ?
rtofflpduty of ^ cent*, except
or either ofttoHa- note or
C&&
' J