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[ ? ________??? lewis at. q&ist, proprietor. 1 |n |nkpenlteni Jfamtlg fUtospaptr: ^or % |romotion of tiie folitical, Social, Agricultural anii Commercial Interests of % Sont{|. J^ems-^so a yea^^advahce , VOLUME III YORKVILLE, SOUTH CAROLINA, THURSDAY MORNING, OCTOBER 4, 1866. NUMBER 24 ' t -i>-'!y( rtrt ,. Jds of % legislature AT THE EXTRA SESSION OF 1866. AN ACT to amend an Act entitled "An Act to establish District Courts." I. Be it enacted, by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, as follows: That an Act to establish District Courts, passed on the twentieth day of December, in the year of our Lord one thousand eight hundred and sixty five, be, and the 6ame is hereby repealed, except as to its first and nannn/l uuih'nns In mit- T n panh .Tndiniftl OOVVUU DWWMVUWJ ?V ? ? AM District of the State, except Charleston, there shall be established a District Court, which shall be organized by the Judge thereof as soon as possible after his election; except in the Judicial Distriot of Charleston, there shall be established two District Courts, one for the Election District of Charleston, and one for the Election Distriot of Berkeley. The Judge of each District Court shall receive from the Treasury of the State a salary of five hundred dollars a year, payable quarterly, and be shall be entitled, for a further compensation, to reoeive annually from the Distriot Court Fund, as hereafter prescribed, an additional sum, to be paid quarterly on his own draft, as follows: For Abbeville Distriot, seven hundred dollars; Barnwell Distriot, seven hundred dollars; Colleton Distriot, one thousand dollars; Chester District, five hundred dollars; Darlington District, five hundred dollars; Edgefield Distriot, eight hundred dollars; Fairfield Distriot, five hundred dollars; Georgetown District, one thousand dollars; Laurens Distriot, five hundred dollars; Newberry Distriot, five hnndred dollars: Oraneebure' Distriot. five """" ? ? ? / o o ' t hundred dollars; Richland District, one thousand dollars; Sumter .District, seven hundred dollars; Union District, five hundred dollars; York District, five hundred dollars; Williamsburg District, five hundred dollars; Berkeley Election District, one thousand dollars; Charleston Election District, one thousand dollars; Beaufort District, one thousand dollars; Kershaw District, five hundred dollars; and for the Distriot Judge of eaoh of the other Judicial Districts of this State, five hundred dollars: provided, however. That in case the District Court Fond in any District shall prove insufficient for the purpose for such additional compensation, as herein provided, no claim for the whole or any part of suoh additional compensation, upon the Treasury of the State, shall arise hy reaaon of such deficiency; And provided also, That the time when the salaries herein provided for shall commence, shall be when the Court is organized, and the Judge is empowered to execute this Act. II. That the District Courts heretofore established by law be organized by the Judge thereof immediately after the passage of this Act, and that each of the said Judges, respectively, shall receive the salary heretofore provided by law. III. The Clerk and Sheriff of the several Judioial Districts of the State shall act as the UlerK ana onerm or roe jlmsinci Court, or Courts, within their respective Districts, aud may perform their duties io person or by deputy. The Judge, Clerk and Sheriff of a District Court, shall each, before entering on the duties of his office, take the official oath prescribed by the Constitution of the State, and also the oath or oaths required specially to be taken by the incumbents of such offices in the Superior Courts. IV. That the District Court shall have exclusive jurisdiction, subjeot to the right of appeal to the Appeal Court, in all oases of larceny and misdemeanor, in all cases of vagrancy, and in all cases of bastardy arising within the limits of the Election District in which they are established. V. All prosecutions in the District Courts shall be conducted by the Attorney-General or by the Solicitor of the Circuit to which the District Court belongs, or by a deputy appointed by such Attorney-General or Solicitor; or in the absence of these, by an attorney appointed by the District Judge VI. The District Court shall have concurrent jurisdiction, subject to appeal as aforesaid, with the Court of Common Pleas, in all civil causes in which the title to land is not involved, and in which the debt onoJ fnr ftp fho amftnnt nf (tomaopg ftloim_ DUC? ?V., V. --v- . ed, does not exceed one hundred dollars; and the sum which limits the proceedings by summary process, in all Courts of law, is enlarge-l to one hundred dollars, exclusive of costs; and exclusive jurisdiction in all matters of contract between employer and employee, master and apprentice, where the amount exceeds twenty dollars. VII. The Judge of the District Court shall be invested with power to examine and supervise all prosecutions, commitments and warrants of arrest commenced before or issued by any Magistrate within his District, for any misdemeanor; and it shall be his duty, upon application made to him, to examine into the merits of the same at any time before trial, and to direct the discontinuance thereof, on such terms and conditions as may seem to him most conducive to the ends of justice; and for this purpose, he is authorized to summon before him the parties and such witnesses as may be necessary. VIII. The Judge of the District Court shall in all respects, have the power of a Magistrate of his District. He shall exercise supervision over the Clerk ana SheriS of his Court in all matters appertaining to the jurisdiction and business of said Court; also over the Coroner, all Magistrates, Constables and Boards of Commissioners of bis District, and from bim to any of them may proceed orders, rules, attachments or writs of mandamus, prohibition, certiorari, quo warranto, or scire facias. IX. The Judge of the District Court shall have the power, and be subject to the duties, and be liable to the penalties, in respeot to habeas corpus, conferred and imposed upon two Magistrates, under the ninth section of the "Aot concerning the office and duties of Magistrates," passed the twenty-first day of December, Anno Domini, one thousand eight hundred and thirtynine; be may admit to bail in all cases bailable, and in all cases triable in bis Court, i and may also exeroise jurisdiction, under habeas corpus at Common Law in all cases within bis District, except that he shall Dot have the power to discharge or let i to bail aay person charged with a felony not clergyable after a true bill has been found. . X. The Judge of the District Courts shall have the power given to two Magistrates by I the "Act for the promotion of industry and i for the suppression of vagrants and other i idle and disorderly persons/' ratified on the I twenty-eighth day of March, Anno Domini, i one thousand seven hundred and eighty- i seven," and shall likewise have the power I which two Magistrates have under the i twenty-third section of "Ad Act concerning the office and duties of Magistrates," rati- 1 fied on the twenty-first day of December, i Anno Domini, one thousand eight hundred and thirty-nine in respects to tenants hold- < ing over, or of an issue of fact under the j Prison Bounds Act; or in any other oase when, by law, there is provision made for ( trial by a Jury and one or more Magis | trates, the District Judge may organize a | Jury as Magistrates are now direoted to do, | and have trial before himself, or may take | the case in his own Court, and submit to a , Jury organized there as hereinafter provi- , ded. In all such cases, exoept those in re- j lation to tenants holding over, of forcible { entry and detainer, and of issues under the , Prison Bounds Act, there shall exist a right . of appeal to the Circuit Judge at Chambers, | or in open Court, who shall have power to , reverse the deoision, grant a new trial, or , order an issue to be made up to be tried in f the Circuit Court. f XI. Tbe District Court shall be a Court i of record, and shall be alwavs ODen. It l ~' 9 ? ? - -- ? ^ - r i shall have the same power and jurisdiction, ( subject to the right of appeal to the Appeal i Court, as the Superior Court io Law in ref- i erence to Constables, Jurors and punish- < ment for contempt. It shall have jurisdiction in all cases of tenants holding over, cases of forcible entry and detainer, cases under the Insolvent Debtors' Act, where the arrest and detention are under process of the District Court, all cases under Prison j Bounds Act, and all matters of District police; aod the Judge of the District Court shall have discretionary power to hear and determine all cases, civil and criminal, with f in the jurisdiction of the s*me, without ^ submitting them to a Jury, provided neith- t er party shall demand a Jury trial: Provi- ( ded, An appeal may be had to the Court of ( Appeals in all cases tried before the said j Court in which appeals are now allowed by | law from the Circuit Courts, and in no otb- f ? t. er uaoeB wuaiotct. ?\* suaii su iu ouwu , place as may be furnished by the Commis- { sionera of Public Buildings, who are here- t by required to proxido a suitable place, ( which shall be held at the Court House of , the District; except iu Berkely, in which ( the places shall be tixed by the District ( Judge; and in the District of Beaufort, | where the Courts shall be held alternately ( at the Court House in the town of Beaufort j and at Lawtonville. XII. The District Court shall hold 1 quarterly sessions, and the Judges of the i Court of Appeals shall, from time to time, j fix the days of the quarterly session of the t District Court. They shall also, from time t to time; make rules and prescribe short and simple forms for the transaction of business t aod the conduct of oauses in the District 1 Court. t XIII. The Judge of the District Court may practice in the Superior Court, except a in cases which have been argued before him \ or heard in his Court; but he shall not ( have a partner in the prartice of law and t equity in the District of which be is a f Judge. t XIV. The return day of the quarterly ( session of the District Court shall be ten , days before the first day of the sitting thereof. XV. All fees of the Clerk and Sheriff shall be paid in oash, by the party requiring the services, and according to the judgment of the Court, may or may not he recovered , from the opposite party. XVI. The Clerk shall keep, separately, for the District Court, the docket, rules book | and journals, as prescribed by law for the Superior Courts, to be furnished him by the Commissioners of Public Buildings, and shall hie all papers in the mode prescribed in seventh section A. A., 1839, 11th Statutes at Large, p 70, but he shall enter all judgments and decrees in the book of abstracts of judgments and decrees along and in chronological order with the judgments and decrees of the Superior Courts. The Sheriff shall enter all papers and sales in the books now kept by law in his office. XVII. In cases of a vacauoy in the office of District Judge, by death, resignation or otherwise, the Governor shall immediately appoint a successor, who shall bold office until a Judge shall be appointed by the Legislature, and shall have qualified. During his continuance in office, he shall hold no other office of profit or trust in this State, or the United States. XVIII The rules of practice whioh prevail in the Superior Courts shall be applied to the District Court, unless otherwise specially provided by the rules to be made ' by the Court of Appeals, or by Act of the I i Legislature; but no rule or order of any < Court or Judge in this State shall require i the printing by a party to a suit of any 1 i report, brief, or other paper connected with i appeals. i XIX. All fines imposed by the District i , Court shall be paid to the Commissioners of Public Buildiog8of the Judicial District i in which the Court is located; but all fines , imposed by the Court of General Sessions shall constitute a part of the District Fund, and in Charleston District be equally divided between the District Courts of Charleston and Berkeley. And the said Distriot Fund, in addition to the said fines, shall consist of a docket fee of one dollar, in civ. il cases in which the amount demanded is nnder fifty dollars, and two dollars if the Bum demanded exoeeds that amount ; two dollars in every criminal cause, and two dollars for the report in every case of appeal ; the said docket fees to be paid by the same parties who are liable for the other fees in the oase by the provisions of this Aot. AA> 1UU JL/tOti iuc x'uuu ouan wo ueiu wj the Clerk of the Court, under the security Df his official bond. He shall keep an exact accouDt thereof io a separate book kept for the purpose, in whioh he shall enter all money received and all money paid on the draft of the District Judge, without whioh be will make no payment. He shall make semi-annual returns of said acoount to the District Judge, and annual returns to the Comptroller-General, on or before the first of October, accompanied by vouchers. XXI. The fees for Attorneys, AttorneyGeneral, the Solicitors and their Deputies, Sheriffs and Clerks, shall be the sameio the District Court as now^ provided by law in the Superior Court. In a criminal case, if the accused be convicted, he shall be liable to all the costs of prosecution. If collection from the convict cannot be had, then the State shall be liable for one-half of said ;osts. If the accused be acquitted, the Judge before whom the trial shall be had, if he has become satisfied during the trial that the prosecution was without probable jause, may order that the prosecutor shall pay the costs of the prosecution, for whioh the Clerk shall issue execution. As soon after the organization of the District Court is may be practicable, the Judge thereof shall order a special Court, at which he shall cause to be drawo a full panel of Graud tnd Petit and Pleas Jurors, in the manner prescribed by law for the Superior Courts, ind at each term of the District Court thereifter, Jurors shall be drawn in the manner sow prescribed by law for the Superior [Jourt. In the Seuate House, the twenty-first day of September, in the year of our Lord one thousand eight hundred and sixtysix &.N ACT to make Parties, Plaintiffs and Defendants, in all cases, competent to give Testimony in such oases, in like manner as other Witnesses. I. Be it enacted by the Senate and House jf Representatives, now met and sitting in jfeneral Assembly, and by the authority ot ;be same, Tbat on the trial of any issue join:d, or of any matter or question, or any injuiry arising, in any suit, action or proceedng in any court of Justice in this State, or jefore any person having, by law or by conlent of parties, authority to receive, bear ind examine evidence, the parties thereto, md the persons in whose behalf any such lotion or other proceeding may be brought )r defended, and any and all persons inte ested in the same, except as hereinafter ixcepted, shall be competent and compellible to give evidence, either viva voce, or jy deposition, according to the practice of ;he Court on behalf of either or any of the parties to the said action or other proceedng : Provided, That nothing herein shall )e understood to prevent either party from ntroducing evidence to contradict or im)eaoh the testimony of parties having inteest, and made competent by this Act to estify II. Tbat in the trial of all criminal cases, be defendant shall be allowed to testify (if le desires to do so, and not otherwise,) as o the facta and circumstances of the case. III. That no person shall be required to inswer any question tending to criminate limself; nor shall husband or wife be rejuired to disclose any communication made :o each other during their coverture, nor ihall testimony given under this Act be aferwards used against him in any other case, sivil or criminal, except upon an indictnent for perjury, founded on that testimony. In the Senate House, the nineteenth day of September, in the year of our Lord one thousand eight hundred and sixty six. 9lN ACT to provide for the establishment of a Penitentiary. 1. Be it enacted by the Senate and tiouse or representatives 01 me state or South Carolina, now met and sitting in Gen ;ral Assembly, and by the authority of the same, That for the purpose of commencing be establishment of a penitentiary in this State, the sum of twenty thousand dollars ie, and is hereby, appropriated, to be paid iut of any money in the Treasury, and Jrawn and expended by certain Commissioners hereafter to be named. II. That a Commission, consisting of three persons, to be styled Commissioners if the Penitentiary, shall be appointed by bis Excellency the Governor, whose duty it shall be to select and procure a proper site, it some point, if practicable, where water power may be made available for manufacturing purposes, within the enclosure, on ??;??ku YVLllULi LU CltJUl aunouic pcuiitu Liai J UUilUings, with sufficient space to enlarge and improve the same from time to time, as may be necessary. III. That it shall be the duty of Baid Commissioners to ereot, as soon as practicable, a suitable temporary enclosure and temporary cells, for the safe keeping of not less than one hundred convicts: and UDon the completion of said enclosure and oells, or any part of them, to receive and detain, under regulation to be hereafter prescribed by the Governor, such oonviots as may be committed to tbem by sentenoe of any of the Judges of this State. IV. That upon notioe that an enclosure and cells are prepared for the reception of convicts, it shall be the duty of His Excellenoy the Governor, to appoint a keeper, as eistant keeper, and such other offioers, guards and overseers as shall, from time to time, be neoessary, to subsist, govern, guard and direct the labor of said convicts, and to make all suoh regulations as shall be requisite for their safe keepiog and subsistence, and for directing their labor, either within or without the enclosure, to getting out material and constructing, as far as is practicable, the necessary permanent buildings and enclosures, and to snob other available branches of industry as will best contribute to the support of the institution. T. That it shall be the duty of the said Commissioners, uDder the advice and with the assistance of HiB Excellency the Governor, to prooure plans, specifications and estimates for suoh permanent enclosures and buildings as shall be deemed necessary for early use, and .report the same, together with a full account of their transactions under the authority hereby conferred upon them, to tbe General Assembly, at its ensuing regular session. In tbe Senate House, the twenty-first day of September, in tbe year of our Lord one thousand eight hundred and sixtysix AN ACT to Declare the rights of persons lately known as Slaves and as Free Persons of Color. I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That all persons hitherto known in law in this State as slaves, or as free persons of color, shall have the right to make and enforce contracts, to sue, be sued, to be affiants, and give evidence, to inherit, to purchase, lease, sell, hold, convey and assign real and personal property, make wills and testaments, and to have full and equal benefit of tbe rights of personal seoufity, personal liberty and private property, and of all remedies and proceedings for the enforcement and protection of the same, as white persons now have, and shall not be subjeoted to any other or different punishment, pain or penalty for the commission of any act or offenoe than such as are prescribed for white persons committing like acts or offences. II. That all Acts, and parts of Acts specially relating to persons lately slaves and free persons of color contrary to the provisions of this Act, or inconsistent with any of its provisions, be, and the same are hereby, repealed : provided, That nothing shall be construed to repeal so muoh of the eighth section of an Act entitled "An Act to establish and regulate the domestic relations of persons of color and to amend the law in relation to paupers r.nd vagrancy," ratified the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty five, as enactsthat "marriage between a white person and a person of color shall be illegal and void." In the Senate House, the twenty-first day of September, in the year of our Lord one thousand eight hundred and sixtyBix. AN ACT to provide for the Redemption of Bills Receivable issued by this State. I. Be it enacted by the Senate and House of Representatives, now met and sitting in fl-pnpra! Atwpmhlv. and hv thp anf.hnrif.v nf the same, That the faith and funds of the State be, and the same are hereby, pledged for the ultimate redemption of all suoh Bills Receivable as have already or may hereafter be issued under the provision of an Act entitled "An Act to provide for the issue of Bills Receivable in payment of indebtedness to the State, to the amount of five hundred thousand dollars," ratified the twenty-first day of December, Anno Domini one thousand eight hundred and sixtyfive. II That the Tieasurer be, and he is hereby, authorized and required to redeem the said Bills Receivable, which have already or hereafter may be issued under the provisions of said Aot, by exchanging for all such bills as may bo presented at the office of the Treasurer for redemption, an equal amount of Treasury notes of the United states, ortne notes or any national Bank; and for this purpose, he is hereby authorized to use any funds in the Treasury not otherwise appropriated. In the Senate House, the twentieth day of September, in the year of our Lord one thousand eight hundred and sixtysix. AN ACT to Alter and Fi* the times for holding the Courts of Common Pleas in this State. I. Be it enacted by the Senate and Honse of Representatives, now met and sitting, and by authority of the same, That from and after the ratification of this Act, the Judges of the Superior Courts of Law in this State shall bold the first and next sitting of the Court of Common Pleas, for the trial or civil cases arising ex contractu in the several circuits now established by law in this State, in the ensuing Spring, at the times and places in each District already established by law. II. That all writs and other process of the said Courts, mesne and final, now made returnable to the Fall Terms heretofore established, except mesne process in cases of tort, shall be returnable to the Spring Terms of tbe Court, in the year of our Lord one thousand eight hundred and sixty-seven, the same as if alieady so directed; and that the same rules of imparlance und the same order of proceedings now existing shall ap ply to toe uourcs estaDiisnea oy me nrsc sectioo of this Act. III. That all writs in oases of tort shall be returnable, as heretofore provided by law, to the regular terms of the Courts as now established ; aod it shall be the duty of the Clerks of the Court of CommoD Pleas to prepare dockets of all cases of tort for the regular terms of their, respective Courts. IV. That no Court of Equity shall be held in this State before the first day of February, in the year of our Lord one thousand eight hundred and sixty-seven : Provided, That nothing herein contained shall be bo construed as to prevent the hearing of motions and cases at Chambers as now provided by law. V That nothing in this Act contained shall prevent Judges of the Court of Common Pleas and General Sessions from hearing and determining applications for the substitution of judgments and decrees destroyed or lost daring the late war, as heretofore. VI. That all Acts and parts of Acts of the General Assembly of this State in conflict with the provisions of this Aot, be, and tho nnmp am hnrphu rnnpalph Id the Senate House, the twenty-first day of September, in the year of our Lord one thousand eight hundred and sixtysix. AN ACT to incorporate the Planters' and Farmers' Belief Association. I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That Riohard W. Gale, George 0. Robinson, Charles E. Robinson, William H. Bellamy, and their assooiates and successors, be, aDd they are hereby, constituted a body corporate aud politio, under the name and style of "The Planters' and Farmers' Relief Association," for the purpose of supplying the planters and farmers of this State with provisions and pecuniary aid. II. That the capital stook of said Association shall consist of two hundred and fifty thousand dollars, to be divided into shares of five hundred dollars eaoh, with the privilege of increasing the same to ao amount not exceeding two millions of dollars; but when the sum of twenty thousand dollars shall have been subscribed and actually paid in, in the manner hereinafter provided, the said Association may be or ganized and go into operation III. That for the purpose of raising the capital stock of the said Association, books of subscription may be opened by or under the direction of the said Richard W. Gale, George 0. Robinson, Charles E. Robinson and William H. Bellamy, at such times and in such places as they may think proper, and shall be authorized to keep open such books until the said sum of twenty thousand dollars has been subscribed and paid in: Provided, The same shall be done within twelve months from the ratification of this Act: And provided, further, That they shall give at least ten days' notice of the time and plaoe of opening said books. IV. That the said Richard W. Gale, George 0. Robinsoo, Charles E. Eobiuson, j and William H. Bellamy, aod the survivors or survivor of them, shall, immediately after the subscriptions to the said Association shall amount to the sum of twenty thousand dollars in cash actually paid 'in, call a meeting of the stockholders for the election of such officers as the by-laws agreed upon by the said stockholders shall prescribe. V. That the profits of the said Association may, from time to time, be divided among the shareholders, according to such rules and regulations, not repugnant to the laws of this State, as they may prescribe. VI The stook of said Association may kn f ro rofnrrcfl in Qii/ik m n nnnr nnr) fnrm a q uc nauoicticuj tu ouuu ujuuuv>i uuu iuiuj wo may be directed by the by laws of the As sociatioo. VII. The said Association shall have power and authority to furnish supplies and make advances and loans to planters and farmers engaged in the cultivation of the soil, and for all suoh supplies, advances and loans so furnished and made, to require and receive a lien upon any real or personal estate, and upon any growing crop, to the extent of such supplies, advances and loans: Provided, The same shall not interfere with any existing liens. And they shall also havo power and authority to purchase, take and hold, in fee simplo or for years, to them and their successors, any lands, tenements or hereditaments, and other property, of whatsoever kind and description, which they may fiod necessary for the purpose of said Association, and to transfer and dispose of the same as they may think proper; aod shall have power and authority to make all by-laws, not repugnant to the laws of the land, to have and keep a common seal, aod the same to alter at will, to sue and be sued, plead and be impleaded, in any Court of Law or Equity in the State, and shall have and enjoy all and every right and privilege incident to corporate bodies, acoording to the laws of this State. VIII. This Act shall be deemed a public Act, and shall continue of force for fourteen years. ninofonnfh /^oty XU tuo WWUHUV UU JOb| vuu UiUWIlVWu?(? \4v?j i of September, iD the year of oar Lord ooe thousand eight hundred and sixtysix. AN ACT to secure Advances for Agricultural Purposes. I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of j the same. That if any person or persons | shall mako any advance or advances, either; in money or supplies, to any person or per- j sons who are engaged, or are about to en- J gage in the cultivation of the soil, the person or persons so making such advance or j advances shall be entitled to a lien on the j crop which may be made during the year, j upon the land in cultivation of which the ! advances so made have been expended, in ; preference or all otner liens existing or otnerwise, to the extent of saoh advance or advances : Prowidtd, An agreement in writing shall,be entered into before any such advance is made, to this effect, in which j shall be specified the amount to be advan- j ced, or in whioh a limit shall be fixed beyond which the advances, if made from time to time during the year, shall not go, which agreement shall be reoordod in the office of the Register of Mesne Conveyance for the District in which the person to whom the advances are mado resides, within thirty days from its date. II. That if any person making saoh advances shall make an affidavit before the Clerk of the Court of Common Pleas of the District in which sach crop is, that the person to whomsuoh advances have been made is about to sell or dispose of bis crops, or in any other way is about to defeat tbe lien hereinbefore provided for, accompanied witb a statement of the amount then due, it shall be lawful for him to issue his warrant, directed to any of the Sheriffs of this State, requiring them to seize the said crop, aiid, after due notice, sell tbe same for casb, and pay over tbe net prooeeds thereof, or so much thereof as may be necessary, in extinguishment of the amount then due: Pro vided, however, That if the person to whom such" advances have been made shall, with, in thirty days after sach sale has been made, give notice, in writing, to the Sheriff, accompanied with an affidavit, to this effect: that the amount olaimed is not jnstly doe ? that then it shall be the dnty of the said Sheriff to hold the proceeds of saoh sale, subject to the decision of the Court, upon an issue which shall be made op and set down for trial at the next succeeding term of the Court of Common Pleas for the District in which the person to whom suoh advances have been made resides, in which the person making suoh advances shall be the actor. In the Senate House, the twentieth day of September, in the year of our Lord one thousand eight hundred and sixtysix. Ipsdlam*. A Southern Incident. Just previous to the war, an affair occnred in one of the Red River parishes not visited by that all-conquering chieftain Napoleon Pumkin-head Banks, which had sufficient of the elements of romance and tragedy to form the basis of "stunning" stage Boenes, or of a sensational novel of indefinite length. A Confederate lieutenant who had been severely wounded in one of the skirmishes that preceded the battle of Mansfield, in which the puissant Banks won everlasting renown by the speed and disorder with which he affected a retrogade movement, was taken in an ambulance to the residenoe of some friends on a plantation several miles from the theatre of military operations.? During bis convalescence he became acquainted with the young and, I suppose, pretty daugther of a wealthy neighboring planter, and it was not long before the two gave evideoce of a desire to become one, pledging the usual vows of unbounded and queecbless love, promising eternal fidelity, 4o., matters that old fellows of forty or fifty have forgotten all aboot; yet it is wonderful bow some of tbem, at even a more mature age, can promptly and efficiently go through the whole role if occasion chance to put them to the work. On hpinc mnrip aennninfp^ nrifti fVm nfntn o 1 - ???.v of the case, the father of the young lady demanded an inspection of the yoang man's papers, desiring to know how he stood fi nanoially with the world. Our Lieutenant oould produce abundant testimony of respectability, of good conduct before the enemy, &o., but he could show neither titledeeds to land, certificates of stocks, ready money, nor other evidence of worldly gear other than his neatly fiting gray uniform and shining sword-blade, therefore the old man, who was of obstinate resolution and fierce, implacable temper, Andy Jobnsoned the compact between the lovers?be vetoed it?and rightly judging that, as there were but three parties to the affair, they might nullify his decision by a two-thirds vote, he forbade the young man's visits to his house; the young man went, nevertheless, and met the apple of his eye and joy of his heart by moonlight alone. When the obdurate old gentleman found that his authority was defied, he raved furiously, and swore to watch for the intruding son of Mars, and shoot him the first time he set his foot upon his premises. When the young lady, in great terror, reported this to ber lover, he, not forgetful of the storm of lead and iron he bad often faced in battle, laughed at the idea of being frightened away by an old fel low armed with a blunderbuss or shot-gun, who bad never fired at anything in bis life that could pull a trigger in return He proposed an immediate elopement, and tbe lady, notwithstanding her persistent declaration that her father would kill them both, consented, moved thereto more by love than a sense of filial duty. They fied by night on horsebaok, not scrupling to take the two finest horses in tbe old planter's pasture, crossed Red river and struck out for the Mississippi over a wretched road, through pine forest, swamps and canebreaks. They reached the right bank of the great river in safety, but the means of crossing it were not often to be had promptly, and tbe passage was not quite so safe as at present, for Federal gunboats were constantly hovering about, and no one oould tell how suddenly one or half a dozen of them might put in an appearance. During the tligbt, the lady bad kept constant watob over ber shoulder, and at every straight stretoh in the road, in tho terrified expectancy of seeiDg her wronged parent appear in pursuit. Her nervousness and apprehensions of impending danger were inoreased by the delay in orossing the river, and the event proved that they were not unfounded, for, even while a boat from the opposite shore was pulling over in answer to the Lieutenant's signal, the old planter, accomnanipd hv nnfi of his nsarnps mada Vita an r J ? ~o ; ??v uio ?tpearance od a horse splashed t'ith mad and flecked with sweat and foam. He drew ap within twenty trrenty yards of the fugaoious pair, and eyed them sternly. The Lieutenant sat motionless in his saddie, and, without moving a muscle, returned the unoivil stare. Suddenly the irascible old gentleman raised his double-barreled shot-gun, and fired at the Lieutenant, no word having beeo spoken on either side, except by the daughter, who, as she saw the gun leveled, cried out in onagonized voice, "Father I" It was probably the first time he had ever attempted the life of a human being, and in bis anger and haste he missed the mark; his charge, whether of ball or buokshot, whistled harmlessly past the Lieutenant's head, but the old familiar sound roused the lion in bis nature; be forgot the merits of the quarrel, and who was his antagonist, ^nd as the latter, with a furious oath, deliberately cooked the other, barrel, and again leveled it, he whipped . out his long revolver, and fired with a quick but deadly aim, acquired by long praotice. The old man was shot through the heart. He dropped his gun, threw up his arms, reeled an instant in the saddle, and fell headlong to the earth, a limp, lifeless and quivering mass of mortality. With dilated eyes and nostrils, the unhappy girl gazed horror-struok upon the soene; the Lieutenant spoke to her, but she answered not, nor seemed to hear him ; then, with a loDg pieroing scream, as if she h&a hardly before fully realized the awful features of the tragedy, she closed her eyes and fell fainting into her lover's arms.? When at length she regained consciousness, the lieutenant proceeded to straighten the body of his late antagonist upon its back, compose its limbs, and spread his white handkerchief over the faoe. Of course dead man was not usually of muoh importance in his eyes, he had seen so many of them ; but he regretted much that this one should be the father of the woman he had chosen for his wife. He oould not shut his eyes to the disagreeable consequence that the memory of this dreadful tragedy must ever hang over them like a oloud, shutting out the sunshine from their married life He attempted to address words of consolation to the lady, but she fixed her eyes*upon the dead body of ber father, and broke into the moat piteous lamentations over the ghastly spectacle, accusing herself of being the cause of bis death; then taming saddenly apon her lover, she upbraided him iu the bitterest terms with having tempted ber to rain, and slain her father. It was vaiuly that he reminded her of ber former fears of pursuit, and repeated declarations that her father would kill them both; it was vainly that he deolared his readiness to blow bis own brains out then and there as ao atonement, and protested that he bad fired upon her father only iu defenoe of his own life; she would not listen to him; she saw in him only the red banded slayer of her sire, and love was changed to horror and detestation. She bade him begone, and never see her no more, nor think of her, and then remounting rode suddenly away id tbe direction of borne without turning to lookbaok. Slowly and sadly the Lieutenat stepped into tbe boat awaiting him, and made his way to tbe eastern shore of the river, leaving the negro gazing stupidly upon the dead body of bis master. Climbing tbe high baDk, he stood a few moments with bis eyes fixed upon tbe spot where his hopes of happiness bad been so suddenly crushed, as if he would fix it in his memory forever, and then turning away, walked like an insane mao straight into the forest. He is now iu New Orleans, and I obtained the particulars of this story from one of his friends. There is a sequel to it. Tbe lady of his love arrived here a few weeks ago Time has not only oonsoled her for the loss of her father, but had brought back tender memories of the m&u she still loved; she was her own mistress, heiress, of her father's estate, and undoubtedly came bere to seek him out. She addressed a note to him, expressing the conviction that tbe death of her father by bis hand was a necessity that could not have I V V J A.X. - A. .1 ueen avoided unaer cue circumiuaocefl, au'i imploriDg his forgiveness for her own conduot oo the occasion, and the words of reproaoh she had spoken. What reply be made, or whether he made any, I do not know, but am told that, although her love is still returned, he fears to make her his wife, lest the memory of the past should forever rise between them and mar their happiness. However, the minds of men and women, who fancy they love each other, are so con. stituted that they look upon everything but the enjoyment of that love as of small importance; and it is not probable that the Lieutenant's scruples or her own will long keep them asunder. G. W. S. Forty-Six Years' Experience.?A gentleman who has had experience as a farmer forty-six years, gives the American Agriculturist some notes on his farming practice. Among other things, he re marks: Some men say that corn will degeneiate and ran oat. My father got a kind of yellow twelve-rowed corn in the year of the great eclipse, in 1806, whioh 1 remember very well. I took it from him in the year 1820, and have it now* It is an early, soand corn, very easy to husk. I can raise eighty bushels of shelled corn to the aore with no extra labor, planting three and a half feet apart each way. I have another kind of eight-rowed yellow oorn, whioh I got in 1828, whioh will grow and ripen in ninety or one hundred days. Wheat, oats and potatoes will degenerate and- wear out (with ordinary culture.) # * * # * We do not harvest our grain and out oar hay early enough in this country. When I commenced farming I was closely watched bv mv neighbors, who said that I ploughed too deep, cat my bay too early, and oat my n sprain too green. I have farmed on twelve B different farms, end the resalt has been, I g have tripled the crops, on an average. 8 A