The Anderson intelligencer. (Anderson Court House, S.C.) 1860-1914, March 25, 1869, Image 1
An Independent Family J?urnal?DeVoted to Politics, Literature and General Intelligence.
HOTT & CO., Proprietors;
ANDERSON, S. C, THURSDAY, MARCH 25,18*69.
VOLUME 4.-N0. 39.
ie-1
. I^WWml?o&^^fre^S?o and
S^?^t^^^^fS^^*05'?^ tno State of I
Strain Carolina, noWmiet and sitting in
Or%iJ?ftil"A^cTcm^ly,: and by th'e?aTri1iont)
of tho same, The in habitants-of cevpry,
^Si^iWli^i*^?:6^ ?decla::od(to<be;abod7"
po^GoiaW'qoirpojuttej and. hy their copdr?
ift!? ftnr^'^it^a6;a'piF,b0 sued, 'rMsedute'
tm?^efputfe^^pr?jwi" action;' x>r bu it' atr
Wtf Sppomt?U necessaryagcnta.
and attorneys in their behalf. .(_.
II. Said townships may hold-real estate
for. thetlfsV"5fnfi\n n Ra bn?lr^'fcml may
conVeyiJBl^samtfeither by a vote of the in?
habitants or^hj^dced.of .thejr.cpmnutt$'e
orage^t:m{$y hold personal estate forthe
itmeISsTof 'tf?e'irihabi Can fs, and behalt
;i\e
?d%ft?fcf?f?the:'S'ame? by'vote "or other
w"s*^raiiy?hj?lil real--nod personal estate
in.^stjjor tb^ support .of schools.and for,
the promotion oi\eUucation.within the jinv
its of the town^m'?y make contracts ?neces?
sary fi^flfe-^x-eVcise of their corporate
potftft#j'?m}'rnAy ;rnakG->ordfcrs for the dis
posaFor nso of therr corporate property,
as they may judge necessary and expedi?
ent for-thc interest of the inhabitants.
(^m^TT11^^ l.egal-nae<itings,'
S^*lry1r!(yf*ftl sifcns* o^^rii?iroy fas
tney may jungo necess^^ tortTie fqfip'w
ing purposes: 1. For the support of town
""schools. 2. Laying out, discontinuing,
making, altering and repairing highways,
and for labor and- materials to be used
thereon. 3. For burial grounds. 4. For
all necessary charges and liabilities aris?
ing therein.
ShmlJstt?Tie pcrarrvbnfutxkr^ndThe maf?s
and bounds renewed once in every seven
. years' forever, by the Selectmen of such
i5t*frts?c*:6ysireb-peVs?n as they shall ap?
point Forsuch purpose.,
V. Every male citizen of tho age of
twenty-one years and upwards, resident
within the township, shailibe allowed to J
vote, under the same linjB&WlU arSHpel|
strictions asptovided in Section 2 of Arti
clo YIII of the Constitution for avotcrin
the county, at all rTOeftt|n^s(.Jiehij'for the
transaction of tow^ bo^inees^-H.
VI. The annual meeting of each town
shall be held on the second Tuesday of
? April; and other.-mooVings at such times
as the Sei dctrri^rW tri hy1 order. Meetings
may be adjourned from time to time, and
to any place within the town.
<jj&L*tfffery"froffi) meeting shall bo held
r^parsiiance u'f';i warrant under the hands
of the Selectmen, or a majority thereof,
directed to the "Constable, or some other
person" appointed by tho-' Selectmen for
that purpose, who shall forth with: notify,
stich meeting in the manner prescribed by
law.
time a^ntl pTaco ofVlie meeting,'and the
8u?^#?t#b?lif^'acted~ tfpon*^the Se?
lectmen shall insert, therein all -subjects
trhleh wayrth writing, be^retf?ested of I
ttiem Ev any ten "cSr move, yjoters of .flip
ter thereof is contained in tho warrant.
IX. If the Selectmen unreasonably re?
fuse to call a meeting, any Justice of tho
Peae^fklwrtwoj^o^thc of
ten ^ucusUoyKf ?ou.e^of^ih^lS^,may
ca^such meeting, by warrant under his
^nd,adice?tedr?tb ;the" Constable of.-'the
tojf.n, if any, otherwise to any of the per
<?Wa:applylng< therefore-directing jthem'to
soinmon-the Inhabitants Qualified1 to vote
MwMtlS^h the time t?'d'j't?&ty and
^^SSS^^^0B^O^9'K'l 11 tue warrant.
1Tj^Co^tabJ^.or.otb'er. persons Hesigoa
ted ta.summon the inhabitants to assemble
re-town meeting, annual or-speciaL shall
se^n^thd^arnc by-posting said surhmo'ns
f$ &t'TeaSl*tlirCe of the most public places
in t(heir respective towns at least fourteen
days, excJuaiye of tho day-of posting.such
eamtaronfr,-before the timb-appointed' f?r
arft&fi mee^g/^
" XL If, by reason of death, resignation,
disqualification or removal from the town,
a maj&rj.ty"p?t^^ thereof origi
naJUy.^ltdseji:vacatff.their office, those who
rexnajja jn.flffiee may pall a town. meetingi
XIL At every town meeting; except
the first called bythe County Commission
ers^ndT"
si, StaU
?^lll/ ^^^^S^ojTAion^of' iloo!crator
the To^wn ("lerk, if present, shall preside;
iftto'is'abeent or there ?ii? Town'Clef Iii,
the SeleejtmeDrgresonU;sbalL^hjc^ one of"
their number to preside. And^the Town
Clerk and Selectmen, respectively, shall
fri sufch-cases,have the...powers 'and por.
ftr^.thecd'uties of a Moderator. -. \ , ,
-;XIY. .Moderators shall preside in the
meetin^7'-may>in-open Trreetlng administer
tKt> ?athsof: officer 'to ah f tbw^n officer ch o
sen thereatj. shall regulate .the '.business
fD^#oceetdipgsof.tbo meeting; decide all
quesiioBS of order, subject to appeal to an
the meeting, and make public declaration
of the result of all votes. When a vote so
declared by aim is immediately upon such
declaration questioned by seven or more
?if the voters present.he shall make the
ii'otp certain by polling the; votes. or'di
votiin?-the-meeting, for.which purposa he
iaay appoint tellers.
4$o person shall speak in tlie meet:
fh^lWitlfdut leave Of tho Moderator, nor,
W;hilo 'another person is speaking by his
permission; and all persons shall at his
request be silent'.
XVfcrLFa person behaves in a disorder?
ly mfcfcner, and after notice from the Mod?
erator persists theroit, tho Moderator may
order tym to-withdraw -from theyneeting,
and palhj8 refusal may ordor th'e Cdnsta
hlf, pc.any othor -person or persons, to
take him from the meeting and confine
him-in some convenient place until the
meeting is adjourned. The person so rc
p cauea oyxne uou nty commission
i'esssptjipb- i\\i> electionM nation
te^^iWuW^rihy cMttf Sdfficers, a
fusing to withdraw shall, for every such
offence, forfeit a sum not exceeding twen?
ty dollars..,
rXVIIi -As Moderator or other presiding,
olficor who, at a town meeting) boforetho
;poll is closed and without the cotisont of
the voter, reads, examines, or jpermits to
be examined, the names written ion such
votor'ti ballot, vritb a view to ascertain
the candidate voted for by him, shall for
feit' the sum of fifty dollars. ?
'. XYlJl. At the annual meeting, every
IQ.Wn shall pboose from the inhabitants
thereof the following town officers, who
shall serve daring; the year, And until
others' are chosen and qualified in their
stead: 1.' A Town Clerk, who, if present,
shajff-b.e; forthwith, sworn, cither by the
Moderator or a Justice of tho Peace. 2.
Three" Selectmen. 3. One or more sur?
veyors of highways. 4. One Constable.
'All .the.town officers designated herein
shall he sworn..
XIX. !The election of Town Clerks,
Selectmen, Constables and the Moderator
of the meetings held for the choice of
town officers'shall'bo by written ballots;
and.the election of all other town officers
jin such mode as tho meeting determines,
erscept in cases otherwise provided bjr
.lariv -j '' ; ?
"' XX. Every person chosen' Constable
Ismail, if present, forth with declare his ac?
ceptance -or .jefusal of the office; if he
does not aecopt, the town shall ^proceed
tb a new election until some- one accepts
the.office and takes the oath:
XXI. . If a town,.at the'annual meeting,
fails to elect a foil Board of Seleotmcn, or
if any persons chosen r.re disqualified, re?
fuse to act, or omit to be qualified accor?
ding to law, the Selectmen or Selectman
ch?sen and qualified may sign warrants
"for town meetings until a full Board is
elected.
XXII. The Selectmen of each town
may at.any time appoint policemen, with
all or'ai'iy of the powers of Constables,
exceptithe power of serving and execu?
ting civil->procc88, who shall' hold their
office during the pleasure ef the Selectmen
by whom they are appointed.
XXIII. Atter tbo election or appoint
Qienx-of.to.wu officers, who arc required to
take an. oath of office, the Town,Clerk
6hall forthwith make out a list containing
the names of all snch persons not sworn
by pie; Mpd6ratpr5lartd. tl*e designation of
the offices to which they are chosen, and
deliver the saiuo, with his warrant, to a
Constable, requiring him, within three
da}'s, to summon each of such persons to
appear and take the oath of office before
the Town Clerk within seven days after
such notice; and the Constable shall, with?
in seven days, make return to the Town
Clerk. .
XXIV. if a person so chosen and sum?
moned, who is not exempt by law from
holding the office to which he is elected,
shall not, within seven days, takc the oath
of office before the Town Clerk, or before
a Justice of the Peace, and filo with the
Town Clerk a certificate thereof, unless
the office to which .ho is chosen is that of
;C?n?tabfc, 'or some other for which a dif?
ferent penalty is provided, forfeit five dol?
lars. ?TPf) T v: ,?"icr
XXV: A person removing r?om the
town in which he holds a' town ^ffice
thereby vacates such office! ' . ' '
t AXVI. When, a vacancy occurs in a
town office by reason of nonncceptance,
death, removal, insanity or^othcr disabil
ity.of a person chosen thereto, or by rea?
son of failure to elect, the town may fill
Buch vacancy by a new choice at any
loggfr meet m g. >\ HTLT02 3
AXVll.'"Kb person"shall do obliged to'
eerve in the same town office two years
successively;.an'd no person in totnimis
sion.for any office of this State or of: the
Tj&ited States, or wh?'ie a'minister of the
Gospel, or a momber of the Senate or
Houso of JRepresentatives, or who has
been a Constable of a town within seven
years next preceding, shall bo obliged to
accept the. office of Constable.
XXVIII. Town Clerks shalL record all
votes passed at tho meeting at which he
is elected, and at all the other meetings
held'duririg his continuance in office. . .
XX.IX. Set shall administer the oath of
office to all town officers who appear be?
fore him for that purpose, and shall make
a record thereof, and of oaths of office
takort) before ' Justices-of tho^Peac?,- Of
whieli certificates are filed. -
XXX When at a town meeting there
is a vacancy in the office of Town Clerk,
or he is-npt present, tho. Selectmen shall
'call upon .the qualified voters .present to
elcct'a' Clerk* pro^reTOjporVin like manner
W>3*owa. Clerks, ftce ehosen?. The Select?
men shall sort and count the votes and
declare rdio* election of'sncb Clerk, who
shall be sworn to discharge tho duties of
snch office at such meeting,and be subject
to like penalties for not discharging them
as Town Clerks for the neglect of tho
likedutios.
XXXI. When other duties than those
mentioned in the preceding Section are
required to. be performed by the Town
Clerk, and by Teason of death, removal,
Or other cause, tho.ro-is a vacancy in such
office, or such Clerk is prevented from
performing such duties, tho Selectmen
may, in writing under their hands, ap?
point a Clerk for the performance thereof,
who shall bo sworn, and immediately af?
ter entering upon tho duties of his office
ma.ke rqcord of such election or appoint?
ment.
' XXXII. Evory Selectman who enters
iipon the performance of hin duties bofore
taking-the. oath of office shall forfeit for
each offence a sum not exceeding one
hundred dojlars.
XXXIli. Selectmen shall be overseers
of the poor in towns whero othor persons
aro not spocially chosen for that office.
XXXIV. The Selectmen of towns shall,
at least ton days before the annual town
elections, and at least ten days before any
general election, mako corroct alphabeti
cal lists of all persons qualified to vote at
such elections; and shall at least ten days
before such election, cause such lists to be
posted up in two or moro public places in
their respective towns.
XXXV. The Selcctmen?shall be in ses?
sion at some convenient place for a rea?
sonable time within lorty-eight horn's next
preceeding all meetings for the election
of the officers provided for in this Act, and
to bo elected at any general election, for
the purpose of receiving evidence of the
qualifications of such persons claiming" a
right to voto.iu such elections and of cor?
recting.the listsot voters, buch session
shall bg holden one hour before the open-'
ing of thc.meeting.on the da}* of election;
and notice of the time and place of hold-"
ing session's shall be given by the Select?
men on the lists posted up as- aforesaid.
XXXII. The Selectmen shall enter on
such lists the r.amo'of any person known
to them to be qualified to vote, and shall
erase therefrom the name of any person
known to them ?not to be qualified to
voU.
XXXVIII. The Selectmen- before en?
tering upon the lists the name of a natur?
alized citizen, shall require him to pro?
duce for their inspection his papers;.-of
naturalization ; and be satisfied that he
has been legally naturalized; but they
need not requiro the production of such
papers after they have once examined
and passed upon them.
XXXIX. "Whoever gives a false name
or a false answer to the Selectmen when
in sossion for the purpose aforesaid, shafl
forfeit the sum of twenty dollars for each
offence.
XL. A town officer who neglects or rc
fnses to perform any duty required of him
under the provisions of'this''Act shall for
every such offence, forfeit the sum o*f two
hundred dollars.
XLI. The Selectmen shall have the
general supervision of the concerns of the
town, a.id shall cause all "duties required
by law of towns, and not committed to
any particular office, to be duly performed,
and executed.
XL1I. The Selectmen shall, on or before
the first da}' of January in each year, ob?
tain from the County Auditor of their re?
spective counties a certified'copy of the
list of persons and taxable property in
their respective towns as determined hy
law for the assessment of State and coun?
ty taxes;ffnd shall in pursuance of tho
vote of the town at its last annual meet?
ing, make out and deliver to the County
Treasurer,1 on or before the fifteenth day
of January in bach year; a tax bill for the
collection of town taxes.
XLI II. The Selectmen shall audit and
in their discretion allow tho claim of any
person, against the town, for money paid
for services pcrlor.med lor the town ac?
cording to law, and may draw .orders on i
the County Treasurerfor sums so allowed.
. XLIV. The Selcctmcu shall.keep a ro:
cord of all accounts by them allowed,and
all orders drawn on the treasury, and shall
present to the annual town mooting a
general statement thereof, and of the
property, finances and pecuniary condi?
tion of the town: ' ? '
f XLV.'Tho Selectmen shall- make out
and present to the annual to*wn meeting
estimates of the arrionnt of money neces?
sary'to be raised^ to pay the expenses and
liabilities of the'"town for the year ensu?
ing, and of the rate of taxation necessary
to be imposed to raise the same.
XLVI. For the purpose of keeping *n
repair highways and bridge!*, the Select-'!
men of oach town shall annually, previous
to the.fifteenth day of January, assess a
tax of eighteen cents.on every hundred.:
dollars of tho lists of such town, to be
paid in money or labor, at the option of
the tax payer, and laid out in repairing
highways and bridges; and shall annual-,
ly, on or before the said fifteenth day of
January, make out a tax bill for each sur?
veyor, containing the amount, of tax to
be laid out by him in his district, with
the amount of each person's-tax annexed
to his name, accompanied with a warrant,
signed by some .7 usticc of tho Peace of tho
town, authorizing such surveyor to collect
snch tax; and tho Selectmen shall deliver
the several tax bills to the respective sur?
veyors, and take their receipts for the
same.... 1 ?'. ?.? ?.r ? ? ? :? ??'. ?... ?? ?
XLVII. Each person who shall furnish
work on the highways in payment of.his
highway tax assessed by the Selectmen
shall be allowed, for a good hand, at the
rate of ten cents for, each hour, and the
several towns at the annual meotings.and
in case -of their neglect the Selectmen,
may establish the price, to bo allowed for
teams, carriages and tools to be employed
in making repairs; and in case of the
failure of both the town and Selectmen
to establish such prices, it shall bo tho
duty of the highway surveyor o*Plho dis?
trict to make such allowances for Clio use
of teams, carriages and tools as shall be
equitable and juSt.
XLVIir. Tho Selectmen shall divido
their respective towtiH into a sufficient
number of highway districts to be con
venient^for repairing highways, and may,
from time to time, alter the same; and it
shall bo tho duty of each surveyor of
highways to superintend tho expenditure
of the highway tax, and to tako charge
of and keep in repair lit all times the
highways in his district; and he shall bo
responsible to the town for any damages
which may bo sustained by tho town
through fault or neglect of the discharge
of his duty.
XLIX. For tho purpose of keeping the
highways and bridges in repair, the sev?
eral towns in this State, at their annual
meeting, or at any other legally warned
meeting for that purpose, may raise by
voto a tax of such a per cent, on the list
of such town as such meeting may think
necessary, in addition to the tax assessed
by the Selectmen, to bs paid in labor and
expended iirthe several highway districts;
Provided^ That if in tho judgment of the
Selectmen of the town, any of the high?
way districts of such town shall not re?
quire the whole amount of the tax accru?
ing from the list of the highway districts
to be expended within its, limits, it shall
be appropriated in any part o* such dis?
trictwhere the Selectmen' shall direct:
L. Tile surveyors of the several dis?
tricts, after receiving theii4 several tax
bills and warrants, shall proceed to givo
notice to the several persons liable to pay.
taxes in their districts of the amount of
their taxes, and of the time and place in
which, and teams, carriages ami tools with
which, they are required to pay their
'taxes-in labor; but no person shall be
liable to furnish any team, carriage or
tool of; which he is not tho owner, except
hoes, shovels or spades.
LI. Such notice may be given to all
persons resident in the town, either pcr
sonalljr or by written notice left at their
usual residence, and to non-residents by a
written notice left with; or at the resi?
dence of, their tenants, agents-of other
persons having the care of their property;
all of which notices shall be at least three
;days, and in case of persons residing out
of the town at least ten days before the
time appointed for them to commenr-e
their work; and if such non-residents
shall have no tenaut or.agcnt in the town,
notice may be posted up in some public or
conspicuous place in the district; and the
surveyors shall make and keep a minute
of the time and manner in which the no?
tice.shall be given.
LIL Any .person, after he has com?
menced working in payment of his high?
way tax, shall be subject to the surveyor,
as to. the times when and the places where
his tax shall be paid and laid out in labor.
LI1I. At least three fourths ol the high?
way tax in any town pa3_ablo in labor,
1 shall be collected and laid out between the
I fifteenth da}r of January and the first day
I of May, and the remainder between the
'.first-day .'of September, and the first day
November in each year, except as herein
j after provided. ,
[ LIV. On any extraordinary occasion,
j when any bridge or highway shall be de
| stroyed or impaired so as to require im?
mediate repairs, or shall be obstructed so
as to require immediate labor to remove
the obstruction, it shall be the duty of the
survc\'or forthwith to cause the highway
or bridge to be repaired or the obstruc?
tion removed ; and he may for that pur?
pose call upon and notify any inhabitant
of the district to afford him tho necessary
?aid or may hireothor laborers, or employ
other means to open or repair the high?
way and bridges; and in such case the
notico shall be deemed sufficient to any
person owing taxes payable in the dis?
trict, in order to make him liable for
neglect to pay his tax money, if such noi
tico shall be given G hours previous to the
time when he-is required to appear and
labor. If any person shall in such case,
perform labor more than sufficient to pay
the taxes due from him, or if a person
not indebted for taxes shall perform labor,
the amount of such labor, or the balance,
may be credited to such person towards
his highwa\* tax the succeeding year.
LV. If in such case nnysurveyor shall,
for the space of twelve hours after appli?
cation made to him for that purpose, neg
fect to call upon the inhabitants of his
district, or use other proper measures to
repair or open the highway or bridge
which may be out of repair or obstructed;
he shall forfeit and pay to tl.e Selectmen
of the town, to be expended in repairing
highways in ?uch district, the sum of leu
dollars, with costs, to be collected in the
name of the town, unless fuch surveyor
shall show sufficient reason for ouch neg?
lect. .
-. LYI. If in such case any inhabitant of
any district, whose name shall be on the.
tax.bill of such district, whether any tax'
shall bo due from liim or not, shall for the
space of six hours after being called on.
or notified, by the surveyor for that pur?
pose, without sufficient reason, neglect to
turn out and assist in repairing or open?
ing such highway or bridge as he shall be
required, he shall forfeit and pay to the
Selectmen of the town the 6ura of three
dollars, to bo collected .and expended as
provided in the preceding Section; .
LVII. If any person against whom a
surveyor shall have ft tax payable in labor
shall neglect after being notified, as pro?
vided in this Act, to work out his tax,
shall be liable to pay his tax in money;
and the,surveyor shall proceed to collect
the same, and shall have all the power
Which the Ccmnty Treasurer has by law
to collect State taxes; and shall proceed in
the same manner in tho collection, and
shall have the same fees.
LV1II. It shall be the duty of each
surveyor to lay out, in such rnanncras he
may think beneficial, in making and re?
pairing highways in h? district, all mon?
eys collected by him in his tax bill, or
received in any other way for that pur?
pose..
LIX. Each survej'or shall keep fair and
regular accounts of all labor performed
and all moneys received and expended in
his district, and of the labor that may
have been performed by any persons over
and above their taxes, and make return
ot his accounts to the Selectmen annually
in the month of December. And it shall
bo tho duty of such surveyor to pa}' over
(o tho Selectmen any moneys which may
remain in his hands unexpended; and any
moneys which may be so received from the
surveyor shall bo paid over by the Select
mon to the succeeding surveyor, to be ex?
pended in tho district; and when any
person shall have overpaid their taxes, in
labor or othcrwiso the balunco shall be
credited to such persons on their taxes for
the succeeding year.
LX. If any surveyor shall have failed
to collect tho taxes contained in hi? tax
bill, as required by law, or if he shall fail
to pay over an}f moneys which ho may
have collected and not expended, the So-'
lectmcn may proceed against him in the
same manner, as provided by law, in case
of delinquent County Treasurers or col?
lectors of taxes.
?> LXI. If any persons receive or suffer'
bodily Injury or damage in his property
through a defect or want of repair or of
sufficient railing in or npon a highway,
causeway or bridge, he may recover in an
action of tort, of the count}', town, village
or city by law obliged to repair the same,
the amount of .damage sustained thereby,
if such county, town,^village or city had
reasonable notice of the defect; want of
repair or of sufficient railing, or if the samo.
had existed for the spaeo of twenty-four
hours previous to tho occurrence, of the
injury or damage; but no such damage
shall be recovered by a person whose car?
riage or load thereon exceeds the weight
of six tons.
LXII. If before the entry of ah action
provided for in the preceding Section, the
defendant tenders to tho plaintiff the
amount which he would he entitled to re?
cover, together with all legal costs, and
the plaintiff docs not accept the same, and
does not recover upon the trial more than
the sum so tendered-, the defendant shall
recover his costs.
- LXIII. If a town neglect to repair any.
of the ways or bridges which it is by law
obliged to keep in . repair, or neglect to
make the same sale and convenient, such
town shall be liable to indictment and fine,
as tho Court in its discretion may order*,
and the fine imposed in such case shall be
certified to the County Commissioners by
the Clerk of the Court, who shall assess the
same upon tho list of such town, arid the
same shall be collected in the same manner
as provided by law for State or County
taxes; and the same, when collected,shall
be laid out, under the direction of the
County Commissioners, in the repair of
highways and bridges in the County.
LXIV. The Selectmen shall each- re?
ceive for services performed under this
Act one dollar and fifty cents per day;
Town Clerks shall receive for attendance
on any town meeting one dollar and fifty
cents per day, and for making up records
and recording all.such matters and things
as by law he isrequircd to record, the same
fees as are now allowed to a Eegistor of
Mesnc Conveyance; Highway Surveyors
shall receive,.fifteen cents., per hour .for
time necessarily employed in discharging
the duties'required by this. Act.
LXV. In the construction of this or any
other statute, the following rules shall be
observed, unless such construction shall
be inconsistent'with the manifest intent
i of the Legislature- or repugna'nt to the
context of tho same, that is to say i
1st. The Word "town" mny bt construed to in
elude the word "township."
2d. The word ''highway" may include ''bridges,"
and shall be equivalent to the words "county,
way," "county road," "State Koad," and '?com?
mon road."
3* The word "eath" shall include"afnrtnations,"
in cases where by law an affirmation may be sub?
stituted for an uath, and in like cases the word
"sworn" mny include the word "affirm.'*
4. The words "preceding" and "following" when
used by way of reference to any Section of statutes,
shall mean the Section next preceding or next fol?
lowing, unless some other section is expressly des?
ignated in such reference. *
5i1k Words purporting to give a joint authority to
three or more public officers or other persons, shall
be construed as giving such authority to a majority
of euch officers or persons. .
lith. The word "sworn," when applied to public
officers, shall be construed as referring to the oath
prescribed by the Constitution.
LXVI. This Act shall not be construed
to interfere with the charted rightsof any
city or village heretofore existing in .this
State; but all charterd citi.es and villages
?zcept tbe city of Charleston, shall bo in?
cluded in and form a part of tho town?
ships established under Sections 11 and 12
of an Act entitled "An Act to define the
lurtsdiction and duties of County Commis?
sioners."
LXVIL That so much of the first and
tenth Sections of the Act entitled "An
I Act to define the jurisdiction and du tic*;
i o\ County Commissioners" as relates to
roads, highways and bridges shall be con?
strued as giving authority to- County
Commissioners to exercise all powers
herein given to towns or town officers
over the same, when such towns or town
officers cannot or unreasonably neglect or
refuse to exercise such powers.
LX VIII. This Act shall take effect as to
each township on and after completion of
the diitics assigned to County Commission?
ers, under Sections 11 and 12 of an Act
entitled "An Act to define the jurisdiction
and duties of County Commissioners."
LXIX.AI1 Acts and parts of Acts in?
consistent with this Act, or supplied by it,
are hereby repealed; and all offices, by
whatever nemo known, tho functions and
"powers of which are conferred upon offi?
cers or persons named in this. Act, shall,'
upon the same g'?ing into effect as heroin
provided, be abolished.
Approved, Sept. 26, 18G8.
Deat? of Ex-Governor McWir.LiE.?
We learn by the Can ton (Miss.) Mail, that
Ex-Governor McWillie died on the 3d in*
st/tnt, of paralysis, in the seventy-fifib
year of his age. Governor McWillie was
a native of South Carolina, and a promi
nenf. politician, but removed to Mississippi
twenty-five years ago, and was soon elec?
ted to"Congross on the* general ticket of
the Democratic party. In 1854 he was
electod to the Senate of Mississippi from
Madison and Scott counties, and succeed?
ed Gov. McRao as Governor of the State
? According to tho Richmond Enquirer,
Sumner so hates anything white that he
refuses white pocket hankerchiefs, never
wears a white neck-tie. avoids white-wash?
ed rooms, nover wears white kid gloves,
dislikes snow, takes ipecac in preference
to magnesia, writes on colored paper, has
his boots blacked atevory corner, defends
the yellow fever, mitigates tho black vom?
it, objects to tho bleeding of cakes, be?
cause it makes meat white, and never rolls
up the whites of his eyes.
?oMt$ and ?tjws.
'Death of Hon. James Guthrie. ;;; /
We; have telegraphic advices of .tho
death, at Louisville, Kentucky, on the
13th instant', of the Hon. James Guthrie.
This intelligence is to us .not unexpected.
The deceased was y/ell stricken in years,:
and his failing heaLhi has, doubtlesp,ttfllT
prepared'Iiis family and friends for un
bereavement. ^.
Mr. Guthriej w^i of - the Scoteb-Jrish
descent, from which so many or the illtia
trious men of America have sprung. Hit
father was an immigrant from "Virginia,"
and was one of those who helped to win
by their valor the Northwest from 'thir
Indian savage. HU son James-was .bofti1
near Bardstown, Kentucky, in the year
1795. ?He received an academic ed 1:ca?
tion, but with the hardy habit* of the:
frontier, struck at the early age of twenty
into mercantile pui'stits. JKelinquishing:
these he studied law under jddge.Rowan<
and went to the bar. In 1820 be settled
at Louisville, whero he. speedily rose to,
eminence by his utilities,, industry, force
of character, and high personal courage*.
Combinations were made against him, buk
lies, tried to intimidate him, assassination
even was once aUemptedr-riValryln^e^
countries is.always keen and often' uh*
scrupulous?but over airpbstacles^berose,'
winning a front rank in law, busfneskkfta
public affairs. For nfteen years Mr."G?th*
rie served in the Legislature of Kentucky,'
and in 1851 he helped to revine''the'con?
stitution of that State. All this1 While-**'
Was one of the moat industrious and ener?
getic men in the[ Commonwealth in com?
merce, banking, and the law;" His politics
were always those of a^ Jackson Democrat,
and he never flin: hed from any of the
dangers or responsibilities of a leader of a*
minority part}** The largo preponderant*
of Whigs in the State prevented his pro?
mot ion. to Federal honors, until 1863, when*
General Pierce summoned; him to hia
Cabinet. He then took charge of the
Treasury Department* In this new, field
of labor Mr. Guthrie very speedily stirac
; ted the attention cf the whole, counttj^ ,.
I Alter leaving :he Treasury Depart?
ment. Mr. Guthrie resumed his prominent
connection in tho management of'the
Louisville and Nashville railroad ?a'grent
work, which owes far more to him than
any or all other public men. Eis services
in this matter alone entitle h*ftn::tO,*fhi*?
grateful.appreciation of his hative-Siftte?
Mr. Guthrie was strongly opposed' TO1"
the design of anti-slavery agitators, bu?
was unwilling to favor secession as a row*
edy. Ee was always a strong Union man,
but harbored no malignity for the South?
em people* With the close of-the war he
earnestly desired the restoration of .tb*
South to her constitutional relations with
the Government, and also her material
prosperity and peace.- . Upon the misera?
ble efforts of dastards and politicians to.
oppress and trample on the people of the
South he looked down with the lofty
scorn and contempt of a brave high-tope<(
man. More than once have we heard bim.
express it in this city, in public and in
private, in the strangest and mo3t with?
ering denunciation.
Here again he eaine in Januaryj 1865^
as Senator from Kentucky.' But he'Was'
then seventy years of age, and a'flfe%t
great labor had tcld upon him.. His Otfce'
Temarkableenerg.es had visibly ahatedj[
though hisjndgment wits clear; his pur*
pose firm, his heart as true as in the days
of old, when he shrunk from no conflict,
no toil, and no'dirty. Now andUlieiWJe-'
made efforts to take part in the work Of
the Senate, but after a few months infirm
ity prevailed, and he bad to abandon Ml
active career. He has gone to his last, rest^
consoled by the general respect which al?
ways follows a life of ciprigbtness.TTv-Vt?s
tiotrai Intelligencer.
Pendleton Factort.?We, had the
pluasuro, during the present week, .of
making a flying visit to this- flourishing
factory, near Pendleton village, and. re?
ceiving the polite attention of the gentle?
manly proprietors,-Mr. Perry and Capt.
Roberts. Wo were shewn, .through' tj>.i?
entire establishment, and had'the4^"^
cation of witnessing tho' manufacturing m
its various stages. The macbin'etfy "is'ofj
the no west a nd most improved' 'desenjpi
tion, making the best fabrics1 with the feast
expenditure of labor: They'Ttrn1 ttr#
thousand' spindles, and*the profits' for e)no'
year wcie such as to enable the pyoprldi
tors to double'the capacity of the vstafc
lishment. We would bo glad to sefftbo^
day when our District w:'? boast of aimc*
tory so profitable to its proprietors; ian4
so beneficial to the pubJio.^jlo^^7te iVl?e?v'
-?-:It. g t>4l 1c
Defying tiie Pkopie:?Last November
the State of Missouri gave about nineteen/
thousand majority against negro suffrage.
Now the Radical Legislature ot that Stato
has ratified tho proposed negro suffrage
amendment of the Constitution. Michigan,
last year gave forty thousand,.majority<,
against negro suffrage, and her .Legisla?
ture has ratified the proposed amendment.
mcnt. This amendment is'now to'be forc?
ed through other Statesdn defiance of the
will of the people, and against their pro-;
test. The voters are not to be consulted,
and the measure is to be carried throngh,
if possible, by a triek*conceived and adop?
ted at Washington. The scheme will react
upon its authors. .
-+
? Tho manufacture of suporphospbates
in this country was commenced about
eighteen years ago. From that time ifc
has gradually increased, until now about
70,000 tons, representing a money value
of rather less than four millions ot dollars,
are annually sold.