Historical Newspapers of South Carolina

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LEWIpro^;,?^RIST'' ^ %* Jamil? leinspajtr: Jfor % |r?mttfcm of tw political, Stria!, tgricnttnral mi) Ctmtmerrial |ntosls of l|t ga^itjj. ^ ^ ' VOL. 14. YORKVILLE, S. C., THURSDAY, OCTOBER 22, 1868. 2STO. 43. - ? . " I/?ij*.A/? nut ? * ibe jr. 6* jpfgistotow. ACTS OF THE LEGISLATURE. ELECTION LAWS. AN ACT Providing for the next General Election and the manner of conducting the name. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same : L The next general election in this State shall be held on the first Tuesday after the first Monday of November next 11. 1'or the purpose or carrying on buvu cicuiuu, it shall be the duty of the Governor, and he is hereby authorized and empowered, to appoint in and for each county three Commissioners of Elections, whose duty it shall be, and they are hereby authorized and empowered, to appoint three Managers of Elections for each election precinct of the county for whieh they shall respectively be appointed. The said Commissioners of Elections and the said Managers of Elections shall take and subscribe before any officer authorized to administer oaths, the following oath of office prescribed by Seotion 30 of Article II, of the Constitution, and the same shall be immediately filed, in each instance, in the office of the Clerk of the County in which said Commissioners and Managers shall be appointed; and if there be no such Clerk duly qualified by law, then in the office of the Secretary of State. III. The said election shall be held in each county at such and as many places as may be designated by the Commissioners aforesaid, and shall be conducted in each precinct under ine supenmeudence of the said Managers, who shall conform in SQch elections to the existing laws and regulations regarding elections, except as hereinafter otherwise provided. IV. It shall be the duty of such Managers, commencing twenty days prior to such election, and giving ten days' public notice of the time and place of such revision, to revise, for a period of three days, the registration lists upon which the election commencing the second day of June, one thousand eight hundred and sixty-eight, and ending the third day of June of the same year, was conducted, by the addition to such lists of the names of all persons entitled to vote under the Constitution who have not already been registered, and by striking from such lists the names of such persons as shall not u k*, onMtlftrl tn vntf For the nurooees of such revision, such Managers shall meet at the places designated by the Commissioners, and provided in the next preceding Section. V. The Managers are hereby authorized to ap point a clerk to assist them in whatever duties may be required of them, who shall take the oath of office hereinbefore mentioned before the Chairman of the Board of Managers. VI. The Commissioners aforesaid and the Managers aforesaid, at their first meetings, respectively, shall proceed to organize themselves as a Board by appointing one of their number Chairman of the Board ; and such Chairman, in each instance, shall be empowered to administer the necessary oaths. VII. The polls shall be opened at such voting places as shall be designated, at six o'clock in the forenoon and closed at six o'clock in the afternoon of the day of election, and shall be kept open during these hours without intermission or adjournment VIII. Representatives in the House of Representatives of the Congress of the United States shall be chosen at such election in the several Congressional Districts by the qualified electors therein. IX. The State Constable and other peace officers of each county are hereby required to be present during the whole time that the polls are kept ? J riontmn ?nd thev Openj anu umu iuu vicvitvu ig wu*|/*v*w?> j ?? ^ shall prevent all interference with the Managers, and see that there is no interruption of good order. If there should be more than one polling place in any county, the State Constable of such county is hereby empowered and directed to make such assignment of his deputies, and other peace officers, to such other polling places as may, in his judgment, best subserve the purposes of quiet and order. X. All bar-rooms, saloons, and other places for the sale of liquors, by retail, shall be closed during the progress of such election, and until six o'clock in the morning of the day thereafter ; and during the time aforesaid, the sale of all intoxicating liquors are prohibited. Any person duly convicted, before a competent Court, of a violation of this Section, shall be punished by a fine not exceeding fifty dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment, in the discretion of the Court XI. If any company or corporation who have obtained, or may hereafter obtain, a charter from the Legislature of this State, for the benefit of such company or corporation, shall discharge, or threaten to discharge, from employment in such * ? KafAwo f\t? if. Dusiness, any operative or cm^iu.rev, W4V1V vi *? | ter any election, for or on account of his political opinion, or for voting or attempting to vote as he or they may desire, said charter shall be deemed and taken to be forfeited, and shall have no legal or binding force at any time thereafter, but shall be utterly null and void; and the person discharged may have an action of trespass to recover damages for his losses therein sustained, against said company or corporation; and should any agent or clerk, in the employment of such company or corporation, discharge, or threaten to discharge, any i VJq nnlitiral nninion. or for . employee uu iwwuut ui uw r , voting or attempting to vote as he or they may desire ; if said agent or clerk is not immediately dismissed, when said companyorcorporation becomes possessed of such information, said company or corporation shall be held responsible for the same, and be liable to the penalties hereinbefore prescribed. XII. The voting shall be by ballot, which shall contain written or printed, or partly written and partly printed, the names of the persons voted for, and the offices to which such persons are intended to be chosen, and shall be so folded as to conceal the contents; and such ballot shall be deposited in a box to be constructed, kept and disposed of as hereinafter provided. XIII. There shall be one general ticket on which shall be the names of the persons voted for as Representatives in Congress, and State, Circuit and County Officers; and on another general ticket the names of persons voted for as Electors of President and Vice-President, as hereinafter provided. XIV. The Commissioners of Election shall provide two boxes for each election precinct. An "*" Ka morio \n fVia 1 id aP aoaIi Kat nnt upeuiug 311011 tuouv iu vuv IIU V4 vavu ia/a, uvh larger than shall be sufficient for a single closed ballot to be inserted therein at one time, through which each ballot received, proper to be placed in such box, shall be inserted. Each box shall be provided with a sufficient lock, and shall be locked before the opening of the poll, and the keys thereof delivered to one of the Managers, to be appointed by the Board, and shall not be opened during the election. Such boxes shall be labeled as follows: 1. Electors. 2. Congress, Circuit and County Officers. Each clerk of the poll shall keep a poll list, which shall contain one column headed "Names of Voters," and so many additional columns as there are boxes kept at the election. The heading of , each additional column shall correspond with the name of the boxes so kept. XVI. The name of each elector voting shall be entered by the clerk in the column of his poll list headed "Names of Votersand when there shall be more than one box kept, opposite such name shall be written the figure 1 in each remaining column of such poll list, corresponding in its heading with the name of the box in which a ballot of the elector shall have been deposited. XVIL At the close of the election, the managers shall proceed publicly to canvass the votes, and such canvass, when commenced, shall be continued without adjournment or interruption until the same be completed. XVHL Each box being opened, the ballots contained therein shall be taken out and counted unopened, except so far as to ascertain that each ballot is single; and if two or more ballots shall be found so folded together as to present the appearaooe of a single ballot, they shall be destroyed, if the whole number of ballots exceed the whole number of votes, and not otherwise. XIX. If the ballots shall be found to exceed in number the whole number of votes on the correspondent columns of the poll lists, they shall be replaced in the box, and one of the Managers shall, without seeing the same, publicly draw out and destroy so many ballots unopened as sh^ll be equal to such exoess. XX. The Board shall then proceed to canvass and estimate the votes. XXI. If after having opened or canvassed the ballots it should be found that the whole number' of them exceed the whole number of votes entered j on the poll list, the Managers shall return all the ballots into the* box, and shall thoroughly mingle the same; and one of the Managers, to be designated by the Board, shall publicly draw out of such box. without seeirnr the ballots contained therein, so many of such ballots as shall be equal to the exoess, which shall forthwith be destroyed. XXII. The canvass shall be completed by ascertaining how many ballots of the same kind corresponding in respect to the names of persons thereon, and the offioes for which they are designated, have been received; and the fesult being found the Managers shall securely attach to a statement of such canvass one ballot of each kind fouud to have been given for the officers to be chosen at such election, any or either of them, except those given for Electors of President and Vice-President; and they shall state in words, at full length, immediately opposite such ballot, and written partly on such ballot and partly on the paper to which it shall be attached, the whole number of all the ballots that were received, which correspond with the one so attached, bo that one of each kind of the ballots received at such election tor the officers then to be chosen shall be attached to such paper, with a statement of such canvass. They shall also attach to such paper the original ballots, if any, rejected by them as being defective, which were given at such election. XXIII. When Electors of President and VicePresident shall be chosen at said election, the Managers shall make a seperate canvass and statement, of the votes given for Electors, in the manner prescribed in the last preceeding Section, by ascertaining how many ballots of the same kind, corresponding in respect to the names thereon, have been received; and the result being found, the managers shall securely attach to the paper one original ballot of each kind found to have been given for Electors, and shall state, in words at. full length, opposite such ballot, and partly written thereon and partly on the paper to which it shall be attached, the whole number of ballots for Electors that were found to have been received corresponding with the one so attached. They shall also attach to such paper all original ballots for Electors rejected by them as being defective. XXIV. The statement to be made by the Managers shall contain a caption, stating the day on which, and the precinct and county at which, the election was held; it shall also contain a statement showing the whole number of ballots taken for each person, designating the office for which they are given, which statement shall be written in words at length, and at the end thereof a certificate that such statement is correct in all respects, which certificate shall be signed by the Managers. XXV. Duplicate statements, as provided in the last preceding Section, shall be made by the Managers and filed in the office of the Clerk of the county; and if there be no such Clerk duly qualified according to law, then in the office of the Secretary of State. XXVI. The original statements, duly certified, shall be delivered by the Managers, or by one of them, to be deputed for the purpose, on the Tuesday next following the election, to the Commissioners of Election at the county seat, who shall there assemble at that time. op the commissioners of elections as canvassers and their proceedings. XXVII. The Commissioners of Elections shall qieet at the county seat, as provided in the last preceding Section, and shall proceed to organize, and shall form the Couuty Board of Canvassers, t XXVIII. They shall meet in some convenient place at the coonty seat, on the Tuesday next following the election, before one o'clock in the afternoon of that day. They may appoint some competent person as Secretary. The Chairman shall then proceed to administer the constitutional oath to each member of the Board as Canvassers, and shall administer the constitutional oath of office to the Secretary, and the Secretary shall administer to the Chairman the same oath that he shall have administered to the other members of the Board. XXIX. The original statements of the canvass in each precinct shall then be produced, and from them the Board shall proceed to estimate the votes of the county, and shall make such statements thereof as the nature of the election shall require, within three days of the time of their first meeting as a Board of County Canvassers. XXX. Duplicate statements shall be made and filed in the office of the Clerk of the County; and if there be no such Clerk duly qualified according to law, then in the office of the Secretary of State. XXXI. They shall make separate statements of the whole number of votes given in such County for Representatives in Congress; and separate statements of the votes given for Electors of President and Vice-President; and separate statements of all other votes given for other officers. Such statements shall contain the names of the persons for whom such votes were given, and the number of votes given for each, which shall be written out in words at full length. XXXII. There shall be prepared by the Commissioners three separate lists of each statement, 1 * .1 - - AC f fA?n besides tbe list to De mea in ine omuc ui me vuuuty Clerk or Secretary of State, and each list shall be certified to as correct by the signatures of the Commissioners subscribed to such certificate. XXXIII. Within three days after the final adjournment of the Board of County Canvassers, the Chairman of the Board shall deposit in the nearest postoffice, directed to the Governor, Secretary of State and Comptroller-General, (the full postage paid,) each, one of the certified copies of the statement and certificate of votes, prepared as provided in the last preceding Section. OF THE FORMATION AND PROCEEDINGS OF THE BOARD OF STATE CANVASSERS. XXXIV. The Secretary of State shall appoint a meeting of the State Canvassers, to be held at ' his office, or some convenient place, on or before the fifteenth day of December next after such general election, for the purpose of canvassing the votes of all officers voted for at such election; ex- j Cept Electors of President and Vice-President f XXXV. The Secretary of State, Comptroller- c General, Attorney-General and Treasurer shall con- t stitute the State Canvassers, three of whom shall be a sufficient number to form a Board. ? XXXVI. If a majority of those officers shall be e unable, or shall fail to attend, one of tho Justices of the Supreme Court and the Mayor of the city of Columbia, being notified by the Secretary of State, shall attend without delay, and, with the officer attending, shall form the Board. XXXVII. The Board, when thus formed, shall, upon the certified copies of the statements made / by the Boards of County Canvassers, proceed to make a statement of the whole number of votes ] ? fV.a nannng nlKnrtq *nd _ glYCU Ufa OUt'U tICVUUll av/l VIIU *hiivwv , ? jeach of them voted for, distinguishing the several t Couutiesin which they were given. They shall j certify such statements to be correct, and subscribe j the same with their proper names. r XX XVII. Upon such statements, they shall c then proceed to determine and declare what per- c sons have been, by the greatest number of votes, j duly elected to such officers, or either of them. XXXIX. They shall make and subscribe, on c the proper statement, a certificate of such deter- ij mination, and shall deliver the same to the Secre- ( taiy of State. ( XL The Board shall have the power to adjourn from day to day, for a term not exceeding 1 five days. a XLL The Secretary of State shall record in his f office, in a book to be kept by him for that pur- j pose, each certified statement and detei-raination a which shall be delivered to him by the Board of t State Canvassers, and eveiy dissent or protest ? that shall have been delivered to him byu Canvasser. 1 XLIL He shall, without delay, transmit a copy, c under the seal of his office, of such certified deter- i mination to each person thereby declared to be e- 1 lected, and a like copy to the Governor. XLIII. He shall cause a copy of such certified i statements and determinations to be printed in one { or more of the public newspapers in each county, { if any shall be published therein. c XLIV. He shall prepare a general certificate, t under the seal of the State, and attested hy him as v Secretary therof, addressed to the House of Rep- r resentatives of the United States in that Congress s for which any person shall have been chosen, of the due election of the persons so chosen at such f election as Representatives of this State in Con- i gress, and shall transmit the same to thesaid House t of Representatives at their first meeting. s XLV. The Secretary of State shall enter in a t book, to be kept in his office, the names of the t respective county officers elected in this State, i specifying the counties for which they were seve- t rally elected, and their place of residence, the office t for which they were respectively elected, and their i term of office. t OP THE ELECTION OP ELECTORS OP PRESIDENT AND 1 VICE-PRESIDENT. 1 XLVI. At the next general election provided for in this Act, there shall be elected, by general i ticket, as many Electors of President and Vice- 1 President as this State shall be entitled to appoint; 1 and each Elector in this State shall have a right to ' vote for the whole number of such Electors; and the several persons, to the number required to be t chosen, having the highest number of votes, shall 1 be declared and deemed duly appointed Electors, i XLVII. The Commissioners of Elections of each county shall make four certified copies of the state- t ment of the votes given for Electors in their coun- t ty, one of which copies shall be filed in the office j of the Clerk of the county, if there be suoh Clerk c duly qualified by law; another of such copies they s shall forthwith transmit to the Governor, another i to the Secretary of State, and deliver the other as ( hereinafter directed. i XLVIII. The Commissioners of Election of 1 each county shall appoint a messenger, and shall deliver to such messenger the remaining certified ? copy of the statement of the votee given in their i county for electors, securely enclosed and under ( seal, and such messenger shall proceed forthwith to i deliver the same to the Secretary of State. I XLIX. The Board of State Canvassers shall meet at the office of the Secretary of State on the I Wednesday next after the third Monday of No- i vember next after such election, or sooner, if all r the certified copies of the statements of the Coun- c ty Canvassers shall have been received from all the 1 counties, to canvass the votes given for the Electors of President and Vice-President; and in case all f the certified statements shall not have been receiv- ( ed on that day, the Board may adjourn, from day ? to day, until the same shall have been received, 1 not exceeding five days; and if at the expiration c of four days certified copies of the statements of the County Canvassers shall not have been received from any county, the Board shall proceed to canvass upon such of the said statements as shall have been received. L. The Board of State Canvassers shall proceed in making a statement of all the votes, and determining and certifying the persons elected, in the manner prescribed by law in relation to the election of other officers. LL The Secretary of State shall, without delay, cause a copy, under the 6eal of his office, of the certified determination of the Board of State Canvassers to be delivered to each of the persons therein declared to be elected; and for that purpose he may employ such and so many messengers as he shall deem necessary. LII. The determination and certificate of the Board of State Canvassers in relation of the choice of Electors shall be published in the same manner as herein provided in relation to the certificates of the election of other officers. LIII. If any of the messengers shall be guilty of destroying the certificates entrusted to their care or of wilfully doing any act that shall defeat the due delivery of them as directed by this Act, he shall be punished by imprisonment in the penitentiary at hard labor, for a term not less than two nor exceeding four years, and if any person shall ? " ? ? ?-?/?*-!.! r , De louna guilty OI unung uwuy iruiu any vi wie oaiu messengers, either by force or in any other manner any such certificate entrusted to his care, or of wilfully doing any act that shall defeat the due delivery thereof, as directed by this Aot, he shall be punished by imprisonment in the penitentiary at hard labor, for not less than two nor exceeding four years. LIV. If any officer or messenger, on whom any duty is enjoined in this Act, shall be guilty of any wilful neglect of such duty, or of any corrupt oonduct in the execution of the same, and be thereof convicted, he shall be deemed guilty of a misdemeanor, punishable by fine not exceeding five hundred dollars, or imprisonment not exceeding one year. , LV. The messenger employed or appointed un- , der this Act shall receive for their compensation | twelve cents per mile for traveling, to be audited , ' by the Comptrellcr-General upon the certificate of the Secretary of State. I LVI. The Commissioners of Election shall re- i ceive for their compensation three dollars per day j for their services while actually employed; and the i Managers shall receive two dollars per day while i actually employed; and the clerks of the Commissioners and the clerks of the Managers, respective- i ly, shall receive two dollars per day while actually 1 employed. j LVIL Solicitors for the several Circuits in the State shall be elected at the next general election < jrovided for in this Act; abo suitable persons to a ill any vacancy in any elective offioe in any county, ji >f which at least fifteen days previous notice shall >e given by the proclamation Of the Governor. j In the Senate House, the twenty-sixth day of r September, in the year of our Lord one thousand sight hundred and sixty-eight t LEMUEL BOOZER, t President of the Senate, n FRANKLIN J. MOSES, Jr., o Speaker House of Representatives. Approved : Robert K. SctoiT, Governor. s ??? . s lN ACT to define the Jurisdiction tad rejulnte the practice of c Probate Cowrtt. I.Beit enacted by the Senate and House of 1 Representatives of the State of South Carolina, 8 iow met and sitting in Genera] Assembly, and by ? he authority of the same, Ir^pnrauance of Section !0 of Article IV of the Constitution, a Court of . ?robate is hereby established in each of the seveal counties in the State, which shall hold a session id the first Monday of eaoh month at or near the " ourthouse, and oontinae thereafter so long as, the ? insiness may require. fl II. The Court of Probate shall be a court of re- 0 ord, and have a seal, may appoint a clerk, and nay remove him at pleasure, and on failure of the }ourt to appoint such clerk, the Judge of the c 3ourt may perform the duties of olerk. ' III. The Clerk of the Court of Probate shall a ;eep a true and fair reoord of each order, sentence ,nd decree of the Court, and of all other things >roper to be recorded; and on the legal fees being 8 >aid, shall give true and attested copies of the files 0 ind proceedings of the Court All oopies so at- 8 ested shall be legal evidence in the Courts of this a State. 1 IV. Every Judge of Probate, in his oounty, shall t lave jurisdiction in all matters testamentary and if administration in business appertaining to mi- 8 tors and the allotment of dower, cases of idiocy and * unacy, and persons non compos mentis. V. The Judge of Probate shall have jurisdiction ? n relation to the appointment and removal of 11 guardians, of minors, insane and idotic persons and 0 tersons non compos mentis, and in relation to the 8 luties imposed by law on such guardians, and the nanagement and disposition of the estates of their rards. He shall exercise original jurisdiction in ^ elation to trustees appointed by will in cases pre- * eribed by law. 8 VI. He may exercise jurisdiction of all petitions or partition of real estate, where no dispute exists 1 n relation to the title thereof; and when the title o such real estate is disputed, he shall refer the a arne to the Circuit Court for adjudication, unless ? he parties shall consent to his determination ofJl he same. The probate of the will and the grant- c ng of administration of the estate of any person c leceased shall belong to the Judge of Probate for 1 he county in which such person was last an inhab- z tant; but if such person was not an inhabitant of his State, the same shall belong to the Judge of ? Probate in any county in which the greater part of lis or her ostate may be. . * VII. All proceedings in relation to the settle- ? nent of the estate of any person deceased shall be * lad in the Probate Court of the oounty in which a lis will was proved, or administration of his estate 1 vas granted. VIII. All proceedings in relation to the proper- c y or estate of any person under guardianship shall c ie had in the Court of Probate of the county in c vhioh the guardian was appointed. s IX. No Judge of Probate shall act as suoh in ? he settlement of any estate wherein he is interested is heir or legatee, executor or administrator, or as , ?uardian or trustee of any person: in every such asc the Judge of Probate of any adjoining county ihall have jurisdiction, and it shall be his duty, c ? - . -B +1_. C lpon application, to attend at some term or mo . ]ourt of Probate in which such case may be pend- . ng, which shall not interfere with the duties in ! lis own county, and hear and determine such case. X. The Judge or Clerk of the Probate Court 1 ihall have power to administer all oaths necessaiy n the transaction of business before the Probate Jourt, and all oaths required by law to be admin- 0 stered to persons executing trust under the ap- 0 lointment of said court 1 XI. Probate Courts may issue all warrants and . irocesses in conformity to the rules of law which ^ nay be necessary to compel the attendance of wit- c lesses, or to carry into effect any order, sentence or 8 lecree of suoh courts, or the powers granted them >ylaw. J XII. If any person shall refuse or neglect to peroral any order, sentenoe or decree of a Probate e 2ourt, such court may issue a warrant, direoted to 8 iny Sheriff or Constable in the State, requiring lim to aporehend and imprison such person in the a ?uimon jail of the county; and if there be no jail c )f the oounty, then in the jail of the adjoining ^ :ounty, until he shall perform such order, sentenoe >r decree, or be delivered by due course of law. ^ XIII. When a witness whose testimony is ne- J jessary to be used before any Probate Court shall eside out of this State, (or more than thirty miles rom the place of holding court,) or by reason of j; ige or bodily infirmity shall be unable to attend in person, the court may issue a commission to one or B nore competent persons to take the testimony of 8 iuch witness; and depositions taken according to 0 :he provisions of the law for taking despositions, to D je used on the trial of civil causes, may be used on r ;he trial of any question before the Probate Court ivhere such testimony may be proper. r XIV. When any Probate Court shall have first 11 aken cognizance of the settlement of the estate of I i deceased person, such Court have jurisdiction of ' :he disposition and settlement of all the estate of c such deceased person to the exclusion of all other a Probate Courts. . a XV. The jurisdiction assumed by any Probate 3 Court in any case, so far as it depends on the place c tho lrwiHon of his estate, shall not 13 J V6MVUVW v? ??W w.? >? be contested in any suit or proceeding whatever, except in an appeal from the Probate Court in the 1 anginal case, or when the want of jurisdiction ap- t pears on the record. t XVI. When by law a guardian is required to J be appointed for a minor, who is interested as heir 1 ar legatee, or representative of such heir or lega- c tee, in any estate whioh is in a course of settle- * uicnt, such guardian shall be appointed by the 1 Probate Court for which such estate is in course of c settlement; but afterwards, if the minor shall re- c side in another county, and is of the age of fourteen c Fears, he may choose and have a guardian appoint- c ad in the county where he shall reside; and in that c aase the powers of the first guardian shall cease. * [n all other cases guardians shall be appointed e by the Probate Court of the county where the per- 1 sons for whom the guardian shall be appointed T shall reside. 1 XVIL The Probate Court by which a guardian 3hall be appointed, shall have jurisdiction of the estate of the ward, and shall alone be authorized to permit the sale of such estate, and settle such guardian's accounts. XVIIL Except as provided in the first section, the Probate Court in each county shall appoint such times and places for holding courts as shall be / judged most convenient for all persons interested, ind shall give notice of such times and places in Dne or more newspapers circulating in the county. J XIX. The Probate Court shall be deemed open 71 it all times for the transaction of ordinary business I which may be necessary, when previous notice is not c required to be given to the persons interested. 2 XX. A Probate Court may be adjourned as oc- e asion may require; and when the Judge is absent t ,t the time for holding a Coart the clerk may adonrn it XXI. The Circnit Court shall have appellate nrisdiction of all matters originally within the juisdiotion of the Probate Coart. XXn. The Supreme Court shall have jurisdicion of all questions of law arising in the course of he proceedings of the Circuit Court, in probate natters, in the same manner as provided by law in il Luer cjiiH-'B. XXTTT, Any person interested in any order, entence or decree of any Probate Court, and conidering himself injured thereby, mayappeal thererom to the Circuit Court in the same county, at he stated session next after such appeal shall be ranted by the Probate Court, if application be aade and filed in the clerk's "office within fifteen laya from the date of the decision applied from. XXIV. In all cases of appeal from the proceedngs of the Probate Court, before such appeal shall e allowed, the person appealing shall give a bond o the satisfaction of the Probate Court, with a ondition that he shall prosecute such appeal to efBct, and pay all intervening damages and costs ccaaioned by such appeal. XXV. In all cases of appeal the appellant shall le in the Probate office his grounds of appeal, and ause a copy thereof to be served on the adverse arty at least twelve days before the time when the ppeal is to be entered in the Circuit Court XXVI The person appealing shall procure and Je in the Circuit Court to which such appeal is rtpwifiml whit rtf the remrd of the nro eedings appealed from, of the application and rounds for the appeal filed in the Probate Court, nd of the allowance of the same, together with be proper evidence that notice has been given to be adverse party according to law. XXVII. When an appeal, according to law, is Howed by the Probate Court, all proceedings in mrsuanoe of the order, sentence or decree appeald from shall cease until the judgment of the Ciruit or Supreme Court is had; but if the appellant, 11 writing, Waives his appeal before the entry theref, proceedings may be had in the Probate Court s if no appeal had been taken. XXVIII. When suoh certified copy shall have een filed in the Circuit Court, such Court shall iroceed to the trial and determination of the quesion according to the roles of law ; and if there hall be any question of fact or title to land to be lecided, issue may be joined thereon under direoion of the Cqurt, and atrial thereof had by jury. XXDC tfhe Circuit Court or Supreme Court, s the case may be, may tax costs for the party who hall prevail, or when, in the opinion of the Court nstice shall require it, the Court may deny such osts, and may tax ooats for either party; and if osts be taxed against an executor or administrator he same shall be allowed to him in his administraion account XXX. If the person appealing from the proeedings of the Probate Court, as provided in this lot, shall negleot to enter his appeal, the Circuit Tourt to which such appeal shall be taken, on moion, and producing attested copies of such appeal >y the adverse party, shall affirm the proceedings ppealed from, and may allow costs against the aptellant XXXI. The final decision and judgment in ases appealed, as hereinbefore provided, shall be ertified to the Probate Court, by the Circuit Court ir Supreme Court, as the case may be, and the ame proceedings shall be had in the Probate Court ,8 though such decision bad been made in such iVobate Court. XXXII. No Judge of any Probate Court shall >e admitted to have any voice in judging or deermining any appeal from his decision, or be pernitted to act as attorney or counsel thereon, or revive fees as counsel in any matter pending in the toBate Court of which he is Judge : Provided, t shall be lawful for Judges of Probate to practice aw in other Courts in such cases as are not cogniable in Courts of Probate. XXXIII. All proceedings in the Court of Prolate shall be commenced by petition to the Judge f Prolate for the county to whom the jurisdiction if the subjeot matter belongs, briefly setting forth he facts or grounds of the application. XXXIV. The Supreme Court may, from time b time, make rules regulating the practice and onducting the business in the Courts of Probate in 11 cases not expressly provided for by law. XXXV. The County Commissioners of each ounty shall provide all books necessary for keepog the records, and all printed blanks and stationry used in proceedings in the Courts of Probate; Iso, a seal and necessary office furniture. XXXVI. The Judge may keep order in Court, nd punish any contempt of his authority in like aanner as such contempt might be punished in the Circuit or Supreme Court XXXVII, When coats are awarded, to be paid iy one party to the other, in the Courts of Prolate, said courts may issue execution therefor in ike manner as is practiced in the courtsof common tw; and when no form for a warrant or process is irescribed by statute or rules of court, he shall rame one in conformity to the rules of law, and the isual course of proceedings in this State. Any heriff or constable in the State shall exeoute the rders or processes of said court in the same manler as the orders or processes of the Circuit or Suireme Courts. XXXVIII. The Judge of the Probate Court nay commit to the Lunatic Asylum any idiot, lulatio, or person non compos mentis, who, in his o>inion, is so furiously mad as to render it maniestly dangerous to the peace and safety of the ommunity that he or she should be at large; and Iso, in all such other cases provided by law. In J1 cases the Judge shall certify in what place the aid person or persons resided at the time of the ommitment, and such certificate shall be concluive evidence of such residence, XXXIX. All laws and parts of laws of the late Provisional Government of South Carolina relative o the powers, duties and course of procedure o^ he Courts of Ordinary and Equity, as fa< as the urisdiction of said Courts is herein confeixfcd on he Courts of Probate, not inconsistent with the :onstitution and this act, or supplied by it, are lereby adopted and declared to be of force, and apdicable to the Courts of Probate. AJ1 files, reards and property of, or pertaining to, said Courts if Ordinary are forthwith, upon the qualification if the Judges of Probate elected in the several ounties, required to be transferred to the Courts if Probate established by this act for said counties. receipt shall be given for said records and propirty by the several Judges of Probate, and a copy hereof shall be entered upon the records of their espective Courts. n the Senate House, the twenty-first day of September, in the year of our Lord one thousand eight hundred and sixty-eight L. BOOZER, President of the Senate. FRANKLIN J. MOSES, Jr. Speaker House of Representatives. Approved: RobertK. Scoit, Governor. LN ACT to provide for the temporary appointment of Magistrate!, and to define their powers and duties. 1. Be if enacted by the Senate and Home of Representatives of the State of South Carolina, iow met and sitting in General Assembly, and by he authority of the same., Until the organization if the Courts contemplated by Sections 21, 22 and !3, of Article fourth, of the Constitution, the Govrnor is hereby authorized, empowered and required o appoint a suitable number of fit and discreet i in persons in each county to act as Magistrates ior such counties, which persons he shall commission; and the practice in such Magistrates Courts shall conform to the law as heretofore existing, so far as the same is not inconsistent with this Act, or with the provisions of the Constitution of this State, as ratified in April, 1868. II. On receiving such commission, and before entering upon the duties of their offices, such Magistrates shall take and subscribe before the Glerk of the Court of their respective counties the oath required by Section 30, Article 2, of the Constitution, and file the same in his office, unless in counties where such Clerks may not be qualified according to law; and in such cases the oath shall be administered by any officer authorized to administer oaths in the county where such Magistrate may be appointed; and such oath so administered shall b **'ed in the office of the Secretary of State. And such Magistrates may immediately enter upon the discharge of their duties. III. Such Magistrates shall have original jurisdiction in cases of bastardy, and in all matters of contract and actions for the recovery of fines and forfeitures, where the amount claimed does not exceed ninety-nine dollars; and in cases of actions ex delicto, where the damages claimed do not exceed ninety-nine dollars; and prosecutions for assault and battery, and other penal offences less than felony, punishable by fine not exceeding ninetynine dollars. They may also sit as examining courts and commit, discharge or recognize (except in capital cases) persons charged with offences. They shall also have power to bind over to keep the peace, or for good behavior. For the foregoing purposes they shall have power to issue all necessary processes. IV. The Governor of the State is hereby authorized and empowered, upon such evidence as may to him be satisfactory, to summarily remove any Magistrate of this State. V. Either party to a suit before a Magistrate shall be entitled to a trial by jury. VL In civil cases the party may agree on a jury, but when they do not agree, and also in criminal " ? ? . i .1 i* tl _ causes, a jury snail be selected in tne iouowmg manner; The Sheriff, Constable, or offioer appointed by the Magistrate, shall write and-fold up eighteen ballots, each containing the name of a respecble voter of the vicinity; he shall deliver the ballots to tbe Magistrate, who shall pot them in a box and shake them together, and the officer shall draw ont one, and the person so drawn shall be one of the jury, unless challenged by either party; and the officer shall thus proceed uotil he shall have drawn six who shall not be challenged; but if the first twelve shall be challenged, and the parties do not agree to a choice, the last six shall be the jury; and when any of the six jurors so drawn cannot be had, or are disqualified by law to act in such case, and the parties do not supply the vacancy by agreement, the officer shall proceed to prepare, in the manner before directed, ballots for three times the number thus deficient, which shall be disposed of and drawn as above provided. VII. If any juror so summoned shall neglect or refuse to appear in obedience to such venire, and shall not within forty-eight hours render to the Magistrate who issued the ventre a sufficient reason for his delinquency, he shall forfeit and pay a fine of two dollars to the Treasury of the county where the cause is tried, to be assessed by such Magistrate, and collected on his warrant without other process. Vm. An appeal from the judgment of a Magistrate to the next stated term of the Circuit Court, in the county where the judgment is rendered, may be taken by either party, if claimed within two hours after the rendition thereof. IX. In criminal cases the party appealing shall, at the time of the appeal, give security by way of recognizance to the Treasurer of the county where the offence is charged to have been committed, if the prosecution be on complaint of an informing officer; if otherwise, to the prosecutor, conditioned that the appellant shall personally appear before said Circuit Court, and there prosecute his appeal to effect, and abide the order of the Court thereon. X. In civil cases, the party appealing shall, at the time of the appeal, give security by way of recognizance to the adverse party that the appellant shall prosecute his appeal to effect, and answer and pay all intervening damages occasioned by delay to the appellee, with additional cost, if judgment be affirmed. XI. The appellant shall produce and enter in the Court to which the appeal is taken, attested copies of the original writ, process, record of judgment, and all evidence filed in the Court from which the appeal was allowed. In the Circuit Court, the cause shall be heard dc novo, or as if no trial had been had. XII. The fee of each juror for trying an action shall be twenty-five cents, to be advanced by the party praying for a jury before a venire shall issue. XIIL This Act shall take effect immediately, and all Acts or parts of Acts inconsistent herewith are repealed. In the Senate House, the twenty fourth day of September, in the year of onr Lord one thousand eight hundred and sixty-eight L. BOOZER, President of the Senate. F.J. MOSES, JR., Speaker House of Representatives. Approved: Robert K. Scott, Governor. MAKING GLASS EYES. It is said that there are in New York at least seven thousand persons who wear false eyes. The manufacture of these eyes is done entirely by the hand, and is thus described by the American Artisan : A man sits down behind a jet ofgas flame, which is pointed and directed as he wishes by a blowpipe. The pupil of the eye is made with a drop of black glass imbedded in the centre of the iris. The blood-vessels seen in the white of the eyes are , easily put in with red glass while the optic is glowi ing with heat like a ball of gold. The whole eye can be made inside an hour, and it is at once ready to put in. The reader should know that it is simply a thin glass shell intended to cover the stump of the blind eye. After being dipped in the water this shell is slipped in place, being held by the eyelids. The secret of imparting motion to it depends upon working the glass so that it shall fit the ' stump?if it is too large, it will not move; if it fits nicely, it moves in every particular like the natural eye, and it is quite impossible in many cases to tell one from the other. The operation is not in the least painful, and those who have worn them a number of years feel better with them in than when they are out A glass eye should be taken out ev ond nut in in tVio mnrninff Tn t.hroo nr CI y I lift lit) UIIU puvill *U VUV UJViUil?? AU vu.vw V. four years the false eye becomes so worn that a new one has to be obtained. Advice to Young Men.?A writer gives the following sensible advice to young men: Let the business of every one alone, and attend to your own. Don't buy what you don't want. Use every hour to advantage, and study to make a leisure hour useful. Thiok twice before you spend a dollar; remember you will have another to make for it? Look ov^r your books regularly, and if you find an error trace it out Should a stroke of misfortune come upon you in your business, retrench, work harder, but never fly the track. Confront difficulties with unflinching perseverance, and they will fly at last; then you will be honored; but shriqk, and you willbe despised. fpsttuatteans fWMtttg. KING OF THE CHARCOAL BURHEH8. In the old times that ire gone, France was famed for its dense forests, the extent and beauty of which were the wonder of the traveler, and the admiration of the people. Many of them have now disappeared before the advancing march of civilization, and thriving towns and villages have taken their places; bat some, like the Forest of Fontainebleaa, still remain in all their beauty and luxuriance. Bat while these forests were a pride to the people, they were often ft sore mmoie ana annoyance to the Government; for in their gloomy depths they hid away from the eyes of justice many a criminal and malefactor; and from such haunts these men would issue constantly upon expeditions of robbery and crime. . - One of these forests was, during the reign of Francis L, occupied by abend of Charbomert, or charcoal-burners, whcee avocation was professedly peaceful, and who claimed to be true and loyal subjects of the king. But there were dark minors of the deeds that were done in this forest, and of the character of the men who inhabited it The lring, who was a man of energy, determined to break up the "nest of thieves," as he QfUed it; and his foroes were sent against the charcoal-burners. A partisan warfare at once ensued, in which the royal troops suffered as much injury as tbey inflicted. At last, the matter came to be so serious, that King Francis determined to look into it f(>r himself. He had much on his hands at the time; for the relations of France with Spain and Germany were of a very delicate nature, and it was not uncertain that England, also, might join the league against him. Nevertheless, the King determined to settle the matter with the Charboniers as quickly as possible. So, leaving Paris with* email retinue, and traveling in disguise, he reached the forest ; and, dismissing his escort with orders to wait * t _! ' ^ ? L?_LL til L*tl_ 1 ror aim at a neignDonng vumge, ne set on oniuut, provided with only a stoat staff. He soonieaohed the wood, and had not gone far in, when .he was stopped by a large roughly-clad man, whose features were stained by exposure and the smoke of a furnace. In reply to the man's questions concerning his business in the forest, the King said he was a poor foot traveler who had lost his way in the wood. ' The man then said, as he had ventured within the domain of the Charboniers, be must go with him to the ohief, who should determine whethho was a spy or an honest fellow. To rthis; the King consented, and the two set o$ the monarch, by dexterously questioning his companion, gaining much information respecting the condition and grievances of the occupants of the forest At last, after a walk ofaevenlmOes, they reached the stronghold of the band. Here were collected moire than a hundred sturdy fellows; hut though they were .rough and rude in looks and dress, King Francis could have sworn that there was not a Lilian in the whole ndmber, and he began to doubt the troth of the tales he had heard about them. ' The chief questioned the King closely as to his business in the forest, but Francis, who was an accomplished diplomatist, answered so readily and plausibly, that the honest foresezts voted him agood fellow, and bade him stay with them, and partake of their hospitality as long as he pleased. The King consented to pass two days with them; and daring that time they found him so charming and lively a companion, that they told him they would be loth to part with him when his time had expired. They answered his questions freely as to their tn-ievances. Thev said thev were true and loyal subjects of King Frauds, and had taken up arms only in self-defence when unjustly attacked. The King found this story to be true; Mid:bitterly did be repent the war he had in ignairaaoe waged upon them. At last they proposed to him that he should be their chief, and as he could tell their story well, go to Paris, and ask for peace at the hands of die King. To thisthe disguised monarch gave a willing assent, and promised to do his best Just then, two of the foresters came in with a richly dressed gentleman, who, they said, desired to speak with the chief. The King motioned to the old chief to conduct the business, and the stranger was charged to speak his errand. He said he came from the Emperor Charles the Fifth, who was about to invade France. The Emperor had heard of the Charbomersand he wanted them to join his standard. He was in need of reliable guides, and if the foresters would perform this duty for him, he would pay each man a thousand golden crowns. The old chief listened to the proposal in silence. Then rising to his full height, he said, sternly: "Go back to the Emperor, sir stranger, and say to him that we be true liegemen of our soveriegn lord, filing Francis, and that, if the war comes we will march under the golden Klies." The officer was then led away by the men who had brought him. The chief turned to the King, and, to his surprise," beheld him weeping. "What means tins?" he asked. "Who art thou?" ' "I am Francis," replied the King, in a broken voice. "By the grace of God, I will be a true King to my brave Charboniera." The foresters fell on their knees; but the King bade them rise, and when the sun was sinking that evening they set off for Paris with him, no longer a band of forest outlaws, but the choseu bodyguard of the King of France. They served him well, too; and in the fierce battle where the pride of the golden lilies was hnmbled, the last of the Charboniera yielded up his life at his monarch's side, before the King fell into the hands of his enemies. To Test a Bridge.?They have a curious and original way of testing the strength of bridges in Russia, that we should imagine it is peculiar to that country. One of these structures was recent?r ? J L.J 1 ly completed over the Moskowa nver ana naa Deea officially examined. After loading it with several hundred tons of stone, the people who had assembled to witness the trial were invited to come andstand upon it, which they did. The bridge, which * was a good one, stood the test?but suppose it had not? This possible contingency, with its fatal consequences, does not appear to have suggested itself to the minds of the engineers or the people. We doubt if a similar experiment was ever made outside of England, where the Crystal Palace, at Sydenham, was tested my marching the Coldstream Guards through the galleries around the dome, at quick time and in step.?New York Evening Pott. 4?" The Paris lUvttratum, in giving portraits and sketches of the Siamese twins, tells a story about them which we have not heretofore heard. It is to the effect that they lived together in great happiness until the war broke out, when Chang declared himself a Unionist, Eng a secessionist, and the quarrels between them were at onetime so bitter, that they wire- on the point of fighting a duel 19* The New York Herald ay* the round hat is fast superseding the diminished bonnet, and that chignons ore worn larger and higher this season, nnnfnv Will hrinar out Dromenade suits of ftuu iuy Tf iuvwj ??? w ? velveteen. ? ? ? |Qr "Sickles, the Ameripan, or Crime and Penalty," a tragedy founded otfthe Susies mnrder in Washington, several years ago, has been brought oat at one of the theatres in Borne.