Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, October 04, 1866, Image 1
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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hereby repealed, except as to its first and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
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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