The Anderson intelligencer. (Anderson Court House, S.C.) 1860-1914, April 27, 1871, Image 4
^utara |irft%tnctr
ACTS AND JOINT RESOLUTHJNS
passed .by the -
LEGISLATURE-SESSION 1870. AND 1871
[OFFICIAL.]
an act to regulate the man27er of dratv
ixg juries.
Section 1. Beit enacted by the Senate and
House of Representatives of the State of South
Carolina, now met and sitting in General As
sembly^ aud? by the authority of the same, All
persons who are qualified to vote in the choice
of "Representatives in the General Assembly,
shall be liable to be drawn and serve as jurors,
except 03 hereafter provided.
Sec 2. The following persons shall be ex?
empt from serving as jurors, to wit: The Gov?
ernor, Lieutenant Governor, Attorney Geueral,
Comptroller , General, State Auditor, State
Treasurer, Secretary of State, Superintendent
of Education, Commissioner of Agricultural
Statistics, members and officers of the Senate
and House of Representatives during the ses?
sion of the General Assembly, members of the
Senate and House of Representatives of the
Ucited States, Judges and Justice?! of anyA7?urt,
County Commissioners. County Auditors and
Treasurers, Clerks of Courts, Registers, of
Mesne Conveyances, Sheriffs and their Depu?
ties, Coroners, Constables, the Marshals of the
United States and their Deputies, and all other
.officers of the United States, counsellors and
attorneys at law, ordained ministers of the gos?
pel, officers of Colleges, preceptors and teachers
of academies, practicing physicians, and sur?
geons, regularly licensed, cashiers and (?Hers of
incorporated-banks, editors of newspapers, con?
stant ferrymen, millers carrying on that busi?
ness at the time,, and all men actually employed
as such; such officers and employees of rail
roads as are now exempt by low, and persons
who are more than sixty-five years old.
Sec. 3. No person shall be liable to be drawn,
and serve as a juror in any Court, oftener than
once-in every year, but he shall not be so ex?
empt, unless ne actually attends and serves as
a juror in pursuance of the draft: Provided,
No .person ?hall be exempt from serving on a
jury in any other Court, xn consequence of his
having served before a Justice of the Peace, or
Trial Justice.
Sec. 4. There shall be appointed by the Gov?
ernor and confirmed by the Senate, one officer
for each county in the State, to be named and
designated a Jury Commissioner, who, with the
County Auditor and Chairman of the Board of
County Commissioners, shall constitute a Board
of Jury Commissioners for the County. Said
Jury Commissioner shall hold his office for two
years, unless sooner, removed by the Governor.
Sec. 5. The Board of Jury Commissioners of.
each county shall once in -every year, during
the month of January, and for tue presentyear,
within one month after the passage ol'this Act,
perpare a list of such inhabitants of their re?
spective counties, not absolutely exempt, as
they may think well qualified to serve as Jurors,
being persons of good moral character, of
sound judgment ana free from all legal excep?
tions,, which list shall include not less that one
from every twenty voters, nor more than one
from every ten voters, of their respective coun
- ties.
Sec. 6. Of the list so prepared, the Board of
Jury Commissioners sholl cause the names to
' he written, each one on a separate paper or bal?
lot, and shall fold up said .pieces of paper or
ballots so as to resemble each other as much as
possible, and so the name written thereon shall
not be visible on the outside, and shall .place
them in a box, to be furnished them, by the
County.Commissioners of their county for that
purpose, and by said Board of Jury Commis?
sioners to be kept.
. Sec. 7. If any person whose name is so
placed iu said Jury box is convicted of any'
scandalous crime, or is guilty of any gross im?
morality Jiis name shall be withdrawn there?
from by the Board of Jury Commissioners, and
he shall not be returned as ajuror.
, i5ec. 8. The Clerk of the Court of Common
Pleas in each County, at least fifteen days be?
fore the commencement of any regular term of
the Court-of General Sessions for the County,
and ten days before any special session requir?
ing a Jury, and in the County of Charleston
like periods before the- first of each alternate
week .of the Court of Common Pleas, and at
such other times-as the respective Courts may
order, shall issue writes of venire facias for ju?
rors, and shall therein require the -attendance
of jurors oh the first day of the term, and for
tjhe Court of Common Pleas for the County of
Charleston, on the first and each alternate wees
thereafter, and such other days as the Courts
may order. The petit jurors returned for the
Court of General Sessions for Charleston Coun?
ty, shall serve for the term, and the jurore re?
turned for the Court of Common Pleas, for two
weeks; the jurors for the Court of General Ses?
sions for all other Counties, shall serve for the
term, and for the term of the Court of Common
Pleas immediately following.
Sec. 9. The venires shall be delivered to the
Sheriff of the County, and shall be served by
him without delay, upon the Board of Jury
Commissioners of the County.
Sec. 10. Nothing contained ih the preceding
. sections shall prevent the Clerk of any Court
of Common Pleas from issuing venires for addi?
tional jurors in term time, whenever it is neces?
sary for the convenient dispatch of business,
in which case the venire shall be served and re?
turned, and the Jury required to attend on such
days as the Court shall direct
Sec. 11. All jurors, whether required to serve
on grand or petit jury, shall be selected by
drawing ballots from the jury box, and the per?
sons whose names are borne on the ballots so
drawn shall be returned to serve as jurors.
Sec. 12. When jurors are to be drawn the
Board of Jury Commissioners shall attend at
the office of the Clerk of the Court of Common
Pleas within and for that County, and in the
presence of the Clerk of the Co??*, and the
Sheriff of the County, shall shake up the
names in the jury box until they are well
mixed, and having unlocked said box, the said
Board of Jury Commissioners, in the presence
of the Clerk of the Court and Sheriff of the
County, shall'proceed to draw therefrom, with?
out seeing the names written thereon, a num?
ber of ballots equal to the number of Jurors
required. If a person so drawn is exempted by
law, or is unable, by reason of sickness or ab?
sence from home, to attend as o juror, or if he
has served:as a juror in any Court within tho
gear then next proceeding, his name sholl "be
returned into the box, ana another drown-, in
his stead; Provided, That if the Clerk and
Sheriff shall fall to attend, after due notice, the
Jury Commissioner shall proceeiwithout them,
and the Jury so drown shall be lawful.
Sec. 13. When any person is drawn and re?
turned to serve os o Juror in any Court, the |
Board of Jury Commissioners shall endorse on
the ballot the date of the draft, and return it
ijato. the box, after the number of Jurors re?
quired hove been drawn; and whenerer there
is a revision ond reucwal of the box, the Board
of Jury Commissioners shall transfer to the
new ballots the date of all the drafts made
within the yeor then next preceding.
Sec. 14. The time .jEbr drawing jurors shall
not be less than seven nor more than fifteen
days before the day when the jurors ar e re?
quired, to attend.
Sec. 15. The Sheriff sholl, at least four days
before the time when the jurors are required to
attend, summon each person who is drawn, by
reading to him the venire, with his endorse?
ment thereon of his having been drawn, or by
leaving at his place of abode a written notifica?
tion of his having been drawn, and of the
time and place, of the sitting of the Court at
which lie is to attend, and shall make return
of the venire, with his doings thereon, to the
Clerk of the Court before the opening or time
of holding the Court, from which it issued.
Sec. Hi.. On the day when, the jurors are
summoned to attend at any Court, the Clerk
shall prepare a list of the names arranged iu
alphabetical order. The first twelve on the
list who are not exempt, shall be sworn and
'empanneled as a jury fur the trial of causes,
and shall be called the first jury. The next
twelve on the list shall be sworn and empan?
neled in like manner, and shall be called the
second ju ry.
Sec. IV. Supernumerary jurors may be ex?
cused, from time to time, until wanted, and
may be put on either of the juries, as occasion
requires, in the place of absentees. Nothing
herein contained shall prevent the transferring
of jurors from one jury to another when the
convenience of the Court or of the jurors re?
quire it
Sec. 18. Each jury, after being thus empan?
neled, shall retire and choose their foreman, or
shall make such choice upon retiring with the
first cause with which they are charged; and
whenever the foreman is absent or excused
from further service, a new foreman shall be
chosen in like manner.
Sec. 19. Nothing contained in the preceding
Sections shall apply to the empanneling of ju?
ries in criminal cases ; but the jurors shall be
called, sworn and empauneled anew for the
trial of each case, according to the established
practice, and their foreman shall be appointed
by the Court or by the jury when they retire to
consider their verdict.
Sec. 20. When, by reason of challenge, or
otherwise, or a sufficient number of jurors duly
drawn and summoned, cannot be obtained for
the trial of any cause, civil or criminal, the
Court shall cause jurors to be returned from i
the by-standers, or from the County at large, J
to complete the panel: Provided, That there
are on the jury not less than seven of the jurors
who were originally draVn and summoned, as
before provided.
Sec. 21. The jurors so returned from the by?
standers, or the County at large, shall be re?
turned by the sheriff, whose duty it shall be to
be present during the entire term of sitting of
any Court in their respective Counties, and
shall be such as are qualified and liable to be
drawn as jurors, according to the provisions of
this Act.
Sec. 22. The Court shall, on motion of eith?
er party in suit, examine on oath, any person
who is called as ajuror therein, to know wheth?
er he is related to either party, or has any inter?
est in the cause, or has expressed or formed
any opinion, or is sensible of any bias or prej
udice therein, and the party objecting to the
juror may introduce any other competent evi?
dence in support of the objection. If it ap?
pears to the Court that the juror is not indiffer?
ent in the cause, he shall be placed asid? as to
the trial of that cause, and another shall be
called.
Sec. 23. In indictments and "penal actions
for the recovery of a sum of money, or other
thing forfeited, it shall not be a cause of chal-1
lenge to ajuror, that he is.liable to pay taxes
in any County, city or town, which may be ben- i
efited by such recovery.
Sec. 24. If a party knows of any objection
to ajuror in season to propose it before the tri?
al", and omits to do so, he shall not afterwards
be allowed to make the same objection, unless
by leave of the Court.
Sec. 25. No'irregularity in any writ of venire
facias, or in the drawing, snmmoning, return?
ing or empanneling of jurors, shall be sufficient
to set aside a verdict, unless the party making
the objection was injured by the irregularity,
or unless the objection was made before the re?
turning of the verdict.
Sec. 26. If either party in a case in which a
verdict is returned during the same term of the
Court before the trial gives to any of the jurors
Who try the cause anything by way of treat or
gratuity, the Court may, on the motion of the
adverse party, set aside the verdict, and award
a new trial of the cause.
Sec. 27. When a jury after due and thorough
deliberation upon any cause, return into Court,
without having agreed upon a verdict, the
Court may state anew the evidence, or any
part of it and explain to them anew the law
applicable to the case, and may send them out
for further deliberation, but if they return a
second time without having agreed upon a ver?
dict, they shall not be sent out again without
their own consent, unless they shall ask from
the Court some further explanation of the law.
Sec. 28. That the said Jury Commissioners
appointed by the Governor shall receive for j
their service threo dollars per day for every '
day's actual servico in performing the duties
imposed by this Act; such number of days not
to exceed the number of days the Court for
such County shall be in session, together with
five days to complete the lists and draw the ju?
rors, to be paid out of the Treasury of their re?
spective Counties.
Sec. 29. The jury in any case may, at the re
, quest of either party, be taken to view the place
or premises in question, or any property, mat?
ter or thing relating to the controversy between
the parties, when it appears to the Court that
such-view is necessary to a just decision : Pro
y vided, The party making the motion advances
I a sum sufficient to pay the actual expenses of
the jury and the officers, who attend them in
I taking the view, which expenses shall be after?
wards taxed like other legal costs, if the party
who advanced them prevails in the suit.
Sec. 80. If a person duly drawn and sum
' moned to attend as a juror in any Court neg
! lects to attend without sufficient excuse, he
I shall pay a fine not exceeding twenty dollars,
! which shall be imposed by the Court to which
! the juror was summoned, and shall be paid in?
to the County Treasury.
Sec. 31. When by neglect of any of the du?
ties required by this Act to be performed by
any of the officers or persons herein mentioned,
the jurors to be returned from any place are
hot duly drawn and summoned to attend the
Court, every person guilty of such neglect
shall pay a fine not exceeding one hundred dol?
lars, to be imposed by the same Court to the
use of the County in which the offence was
committed.
Sec. 32. If the Board of Jury Commission?
ers shall be guilty of fraud, either by practi?
cing on the jury box previously to a "draft, or
in drawing a juror, or in returning into the
box the name of any iuror which had been
lawfully drawn out, and drawing or substitu?
ting another in his stead, or in any other way
in the drawing of jurors, he shall be punished
by a fine not exceeding five hundred dollars, or
be imprisoned not exceeding two years in the
State Penitentiary.
Sec. 33. Nothing contained in this Act shall
[ effect the power and duty of Coroners, Justices
of the Peace or Trial Justices, to summon and
empannel jurors, when authorized by other
provisions of law..
Sec. 34. The Clerk of the Court of General
Sessions in each County, not less than fifteen
days before the commencement of the first
term of the Court iu each year, shall issue
write of venire facias in each County for eigh?
teen grand jurors to be returned to that Court,
who shall be held to serve at each term thereof
throughout the year, and until another grand
juror is empanneled in their stead.
Sec. 35. Grand jurors shall be drawn, sum?
moned and returned in the same manner as jurors
for trials, and when drawn at the same time as
jurors for trials, the persons whose names are
first drawn, to the number required, shall be
returned as grand jurors, and those afterwards
drawn to the number required^ shall be jurors,
for- trials.
Sec. 36. In case of deficiency of grand ju?
rors in any Court, writs of venire facias may
bo issued to the Sheriff of the County in which
said Court is held, to return forthwith such
furthei number of grand jurors from the by?
standers as may be required.
Sec. 37. No more than thirty-two persons
to serve as petit jurors shall be drawn and sum?
moned to attend at one and the same time, at
any Court, unless, the Court shall otherwise or?
der.
Sec. 38. That any person who shall hereaf?
ter be arraigned for tfic crime of murder, man?
slaughter, burglary, arson, or rape, shall be en?
titled to all tho incidents of an arraignment,
! and to peremptory challenges, not exceeding
twenty, and the State, in such cages, shall be
entitled to peremptory challenges, not exceeding
j two, in the manner heretofore prescribed by i
I law. And any person who shall be indicted
for any crjiue or offence other than those above
enumerated, shall have the right to peremptory
challenges of five, and the State, in such cases,
shall be entitled to peremptory challenges not
exceeding two.
Sec. 39. That an Act entitled "An Act to
regulate the manner of drawing Juries," ap?
proved the 2(3th day of September, A. D. 1868,.
and the Act entitled "An Act to amend an Act
entitled an Act to regulate the drawing of Ju?
ries," approved the 23d day of March, 1869,
and all other Acts, or parts of Acts, in any
way conflicting with the provisions' of this Act,
be, and the same is hereby repealed.
Sec. 40. That this Act shall take effect, and
have'the full power of law, from and after its
passage.
Approved March 10,1871.
an act to ebtablish a new judicial and
election county from portions of the
counties of barnwell, edgefield, lex?
ington and orangeburg, to be known
as aiken county.
Section 1. Be it enacted by the Senate and
House of Representatives of the State of South
Carolina, now met and sitting in General As?
sembly, and by the authority of the same. That
anew judicial and election County, with its
seat of justice located at the town of Aiken,
which County shall be known as Aiken Coun?
ty, shall be formed, and is hereby authorized
to be formed, from portions oi the present
Counties of Barnwell, Edgefield, Lexington
and Orangeburg, with the metes and bounds
hereinafter described, to vrit: commencing at
the mouth of Fox's Creek, in Edgefield Coun?
ty, where it empties into Savannah River,
.thence in a straight line to where the South
branch of Chinquepin Falls Creek (a tributary
of the North Ecusto River) intersects the Edge
field and Lexington line; thence down said
creeks to where it empties into the North fork
of the Edisto River, and down the said north
fork to where the dividing line between Lex?
ington and Orangeburg Counties (running
from Big Beaver Creek to the North fork of
the Edisto) touches said river; thence in a
straight line to the head of Tinker's Creek, in
Barnwell County; thence down said creek to
where it empties into the Upper Three Runs,
and down said Runs Creek to where it empties
into the Savannah River; thence up the Sa?
vannah River to the initial point at the mouth
of Fox's Creek.
Sec. 2. That Frank Arnim, M. F. Maloney,
P. R. Rivers, J. L. Jamison, E. Ferguson, J.
N. Hayne, E. J. C. Wood, P. R. Rockwell, J.
A. Greene, W. H. Reedish and B. Byas be, and
are hereby appointed Commissioners to run
out and properly mark and define the said
boundary lines, with the assistance of two
competent surveyors to be selected by them.
Sec. 3. That S. J. Lee, Frank Arnim, P. R.
Rivers, C. D. Hayhe. John Wooley, E. J.
Wood, J. N. Hayne, Levi Chavis, W. H. Reed?
ish and J. H. Cornish be, and are hereby, ap
Eointed Commissioners to provide suitable
uildings for the several Courts and County
officers, and to select and purchase, or procure
sites for the usual public buildings, and to con
I tract for and superintend the erection of the
Court House and Jail thereon; and that said
public buildings shall be built at the expense
of the citizens of said County, and to meet the
said demands, a special tax on the assessed
value of real and personal property in said
County be levied.
Sec. 4. That an election shall be held in the
County of Aiken, as established by this Act,
on the third Wednesday of October, A. D.
1872, for members of the General Assembly,
and for the regular County Officers provided
for by the Constitution and laws of the State,
and the ofheers so elected shall, before enter?
ing upon the duties of their respective offices,
be required to give bond with .sureties, as now
is or may be required by law.
Sec. 5. That until the next apportionment
of Representatives, tho representation df the
several Counties of this State affected by this
Act, shall remain as uow established.
Sec. 6. That the County of Aiken be, and
it is hereby, attached to the Third Congres?
sional District, and shall form part and parcel
of the Sixth Judicial Circuit, and that the
regular terms of the Courts of General Ses?
sions and Common Pleas shall be held in the
town of Aiken, ou the second Monday of Jan?
uary, May and September of each year, and
that the Justices of the Peace, Constables, in
the several Counties affected by this Act, who
shall be in office at the time this Act goes into
effect, shall continue in office until their suc?
cessors shall have been elected and shall have
qualified: Broiidcd, however. That the Justices
of the Peace and Constables now in office
shall, from and after the time this Act goes
into effect, be confined and limited in their
official capacity, duty and power to the limits
of their respective Counties, as altered by this
Act, and the ?aid officers residing in Aiken
County shall, in like manner, be restricted in
their official functions to said County of Aiken.
Sec. 7. That from and after the fourth day
of October, A. -D. 1S72, all suits pending in the
Courts of Barnwell, Edgefield, Lexington and
Orangeburg, of which the defendants reside in
those portions of the said Counties now estab?
lished as the County of Aiken, and all indict?
ments now pending in the Courts of said Coun?
ties, where the oflence was committed in those
parts of the said Counties, now established as
the County of Aiken, shall be transferred to
the dockets of the Courts of the said County
of Aiken., and all records, commissions, and
other papers belonging to any of the said suits,
or indictments'*, together with all the legal in?
cidents thereunto appertaining, shall be trans?
ferred to the Clerk of the Court of said Coun?
ty of AikEn, and all writs and other processes
already issued and made returnable to the Fall
term of the Courts of Barnwell, Edgefield,
Lexington and Orangeburg, where the defen?
dants in the said cases, reside in. the parts of
the said Counties now established as the Coun?
ty of Aiken, shall be as valid and effectual as
though they had been issued to the Fall term
of the Court of the said County of Aiken; and
the service of snch processes by the Sheriff of
any of the said Counties shall be as good and
effectual as a service to the Fall term of the
Court of the said County of Aiken ; and all
such writs and processes shall be transferred
by the Clerks of the Courts of the said Coun?
ties to the Clerk of the Court of the County
of Aiken.
Skc. 8. That the Board of Jury Commission?
ers of Barnwell, Edgefield, Lexington and
Orangeburg Counties be, and arc hereby, re?
quired to prepare and furnish to the Board of
Jury Commissioners of Aiken County, on or
before the fourth Monday of October, 1872,
separate lists of persons liable to serve as ju?
rors, and residing in the limits of said Coun?
ties as altered by this Act. From the lists so
.furnished to the Sheriff of Aiken County shall
be drawn, in accordance with law, the petit
and grand jurors and talesmen for the Courts
to be holden in Aiken County, in conformity
with the provisions of this Act, and tho jurors
so drawn are hereby declared lawful jurors to
all purposes and intents.
Approved March. 10th, A. D. 1871.
an act to amend an act, entitled "an act
to regulate tue fokmation of corpo?
rations," approved december 10, 1869.
Section 1. Be it enacted by the Senate and
House of Representatives of the State of South
Carolina, now met and sitting in General As?
sembly, and by the authority of the same,
That the Act, entitled "An Act to regulate the
formation of corporations," approved Decem?
ber 10th, A. D., 1869, be amended as follows ;
In Section 14, strike out the words "five hun?
dred thousand dollars,"' and insert instead
thereof, the words "three millions of dollars ;"
in Section 33, (second line,) after the words
"shall not exceed," and before the words "the
amount of it* capital stock" insert ths word.
"double." Sectiou 41 is repealed..
Sec. 2. That any Incorporation formed in
compliance with the terms of this Act is here?
by empowered and authorized to issue bonds
secured by a lien on tho property of the said
Corporation, to an amount not exceeding the
value of the property owned by said corpora?
tion with interest on said bonds, payable semi
annually; And it is further provided, That any
corporation formed in compliance with the
terms of this Act, is hereby authorized and
empowered to issue additional bonds to such
an amount, that the interest thereon, at eight
per cent, per auuum, shall not exceed the net
income of said corporation.
Approved tho 9th day of March, A. D. 1871.
an ACT to EMPOWER THE STATE TO MAINTAIN
THE BENEFICIARIES in THE LUNATIC ASY?
LUM, INSTEAD OF THE SEVERAL COUNTIES.
Section 1. Be it enacted by the Senate and
House of Representatives of the State of South
Carolina, now met and sitting in General As?
sembly, and by the authority of the same, That
from and after the passage of this Act, all ben?
eficiaries now^in, or hereafter to be placed in,
the State Lunatic Asylum, be supported by the
State.
Sec. 2. That the State assume the liabilities
of each and every one of the Counties that is
now in arrears for the support of its beneficia?
ries.
Sec. 3. All Acts er parts of Acts inconsis?
tent with this Act are hereby repealed.
Approved the 9th day of March, A. D. 187L
AN ACT to CHARTER THE SOUTH CAROLINA
PHOSPHATE AND PHOSPHATIC RIVER MINING
COMPANY, IN THE STATE of SOUTH CAROLI?
NA, AND to GRANT to THE PERSONS THERE?
IN NAMED, AND THEIR ASSOCIATES, THE
RIGHT to DIG AND mine IN THE BEDS of
THE NAVIGABLE STREAMS AND WATERS" of
THE STATE of SOUTH CAROLINA FOR PHOS?
PHATE rocks AND PHOSPHATIC DEPOSITS. I
Section 1. Be it enacted by the Senate and
House of Representatives of the State of South
Carolina, now met and sitting in General As?
sembly, and by the authority of the same, That
the State of South Carolina does hereby give
and grant to the following persons, to wit: R.
B. Elliott, Robert Smalls, W. J. Whippet, N.
B. Meyers, Lucius Wimbush, W. B. Nash, S.
A. Swails, H. J. Maxwell, James M. Allen, W.
H. Jones,. B. A. Bosemon, B. Byas, Edward
Mickey, E. Nehemias, W. R. Jervey, J. N.
Hayne, Timothy Hurley, Anson W. Thayer,
John B. Bates, J. C. Mayo, James M. Crofut,
F. J. Moses, jr., A. J. Ransier, C. W. Mont?
gomery, B. F. Whittemore and R. A. Sisson,
and such other persons as they may associate
with them, the right to dig, mine and remove,
fof the full term of thirty years, from the beds
of the navigable streams and jvaters within
the jurisdiction of the State of South Carolina,
the phosphate rocks and phosphatic deposits :
Provided, That the persons named, and their
associates, shall not in any way interfere with
the free? navigation of the navigable streams
and waters of this State, or the private rights
of any citizen or citizens residing apon or own?
ing tho land3 upon the banks of tho said navi?
gable rivers and waters of the State.
SEC. 2. That this gift and grant is made upon
the express condition that said grantees shall
pay to the State of South Carolina the sum of
one (1) dollar per ton for every ton of phos?
phate rock and phosphatic deposits, dug, mifaed
and removed from the said navigable rivers
and waters of the State; And further, That"
the said grantees shall pay into the Treasury
of the State the sum of five hundred dollars ns
a license fee before commencing business un?
der said grant.
Sec 3. Before commencing operations under
authority of this Act, said grantees and their
associates, shall file, or cause to be tiled, in the
office of the State Auditor, a bond in the penal
sum of fifty-thousand (50,000) dollars, condi?
tioned that said grantees and their associates,
shall make true and faithful returns to said
State Auditor, annually, on or before the first
day of October, and ofteuer if required by the
said State Auditor, of the number of tons of
phosphatic rocks and phosphatic deposits dug,
mined and rcmoved.by them from tho beds of
the navigable streams and waters of the State,
and shall punctually pay to the State Treasu?
rer, annually, ou the first day of October, one
(1) dollar per ton for every ton of phosphatic
rocks and phosphatic deposits by them dug,
mined and removed from the beds of the navi?
gable streams and waters of the State, during
the year preceding; said bond to be reuewed
annually, and approved by the Attorney Gene?
ral. The books of said grantees and their as?
sociates shall be open to tho inspection of the
State Auditor, or agent duly appointed by him
for that purpose.
Sec 4. That the capital stock of said Com?
pany shall consist of two millions (?2,000,000)
dollars, to be divided into shares of one hun?
dred dollars each, with the privilege of increa?
sing the same to-an amount not exceeding five
million dollars; nnd when the sum of three
hundred thousand dollars shall have been sub?
scribed, the said Company may be organized
and go into operation.
Sec. 5. That the profits of said Company,
may, from time to time, be divided among the
stockholders according to such rules and regu?
lations as they may prescribe, not repugnant to
the laws of the State.
Sec. 6. That the stock of said Company may
be transferred in such manner and form as
may be directed by the by-laws of the Compa?
ny.
Sec. 7. The said Company shall be entitled
to all the rights and privileges accorded to oth?
er corporations incorporated by the laws of this
State: Provided, That nothing in this Act shall
be construed as giving to the said South Caro?
lina Phosphate and Phosphatic River Mining
Company the exclusive right to dig and mine
in the navigable rivers and waters of the State.
Sec. 8. All Acts and parts of Acts inconsis?
tent with this Act, are hereby repealed.
Approved the 19th day of March, A. D. 1871.
Greenville & Columbia Railroad.
Columbia, S..c, March 1,1871.
on and after this dato, tho following Schedule will be
run daily, Sundays excepted, connecting with Night
Trains on South Carolina Road, up and down, also with
Trains going North and South on Charlotte, Columbia and
Augusta Railroad:
UP TRAIN. ,
Leave Columbia.7.00 a.m.
" Alston.3.10 a. m.
" Nowbcrry.11.15 a. m.
" Cokeshury.3.00 p. m.
" Button.,.5.00 p. m.
Arrlvo Ajidcrsou. G.00 p. ru.
tt ofc Greeuville. 6.30 p. ni..
DOWN TRAIN.
LoaveGreenville.0.15 a. mi
" A mlcrson.0.-15 a. tu.
" Helton.?.8.0-1 a. m.
" Cokcsluiry.10.07 a. m.
" Abbeville. 8.15 a. m.
" Ncwberry. 1.50 p.m.
" Alxtmi.4.08 p. m.
Arrive Columbia. 6.55 p. m.
M. T. BART LETT, General Ticket Agon*.
March 9,1871 30
W. K. LINDSEY,
WATCH-MAKER)
HASiocatcJ at PENDLETON, and gives his
entire attention to the REPAIRING of
WATCHES, CLOCKS and JEWELRY of every
description All work warranted and dono< on
short notice.
Jaa 23, 1871 30 3m
Tin and (Mil MiiMori,
AT PENDLETON, 8. C.
ALL orders for TINWARE from connlry mer?
chants and village stores promptly tilled at
low cash prices. Old tin vessols, lamps, guns,
pistols, sewing machines, etc., repaired. Rags,
Beeswax, Tallow, &c, taken in exchange.
Any one wishing anything in the above line
will do well to give mo an early call. PAR?
LOR and COOKING STOVES always on hand.
GEO. D. BARR, |
Pcndletou, S. C.
Fcb 1?. 1871 M I
CAROLINA NATIONAL BANK
OF
COLUMBIA, S. C.
CAPITAL STOCK PAID Iff, - $200,006.
BOARD OF DIRECTORS.
L. D. CHILDS, President.
Dil. J. W. P.VJIKEB, R. J?. WALLACE, ' v.
John S. Wiley, i>r. j0u?? t. Dauby,
E. Il0l% RlCHAED ONEALK, JB.
0. D. JLeltoit, Attorney.
W. B. gotick, C. J. Irkdell,
Can hie* . Assistant Caahics.
TUB capital stock of this Bank is cow $200,
000, all of which hau been paid in, and
confirmed by the Comptroller of the Currency.
Authority has also been received for a further in?
crease to the amount of $50,000, of whieh over
$20,000 has already boen taken. Persons wish?
ing to make an investment should apply without
delay. The Surplus Fand is now $6,000, or three
per cent, apon its stock.
The Carolina National Bank issues certificates
?f deposit, bearing interest at the rate of seven
per cent, per annum. This featare of its busi?
ness makes it practically
A. Saving's Bank,
And attention is called to the fact that the ssfety
of these deposits, as well as all others, are guar?
anteed by tho whole capital of the Bank. No
safer mode of temporary investment is offered to
the public than this?the deposits being payable
on demand, or on short notice. Deposits of any
amount reocived either in currency or coin, and
payable in the same. Interest will be paid at the
end of each six months, should deposits remain
beyond that length of time. /
Columbia, S. C, Feb. 1,1871. 81?8m
TEE STATE OF SOUTH CAROLINA,
COUNTY OF ANDERSON.
THE COURT OF COMMON PIEAS,
Summon* for Money Demand.
T. M. Bristoll, C. F. Durham and A. S. Brown,
partners under the firm name of T. M. Brrstoll
& Co., against Willis ?. Burkett.
To Willis ?. Burkett, Defendant in this action:
YOU are hereby summoned and required to
answer the complaint in this action, which
is this day filed in the office of the Clerk of the
Court of Common Pleas for the said County, and
to serve a copy of your answer on the subscriber
at his office at Anderson C. II., S. C, within
twenty days after the service of this summons on
you, exclusive of the day of service.
If you fail to answer this complaint within the
time aforesaid, the planatiflf will take judgment
j against you for the sum of one hundred and fifty
eight dollars and sixty-two cents, with interest on
$79.35 thereof from the 30th day of July, 1870,
and on $5.00 thereof from the 4th day of Novem?
ber, 1870, and on $45.52 thereof from the 15th
day of May, 1870, and on $28.75 thereof from
the 23d day of July, 1870, and-costs.
Dated at Anderson C. HL, S. C, March 80,1871."
B. F. WEITNEE, Plaintiffs' Attorney.
' To the- Defendant, Willis E. Burkett:
TAKE NOTICE, that the summons in this ac?
tion, of which the foregoing is a copy, was filed
in the office of the Clerk of the Court of Common
Pleas at Anderson C H., in the county of Ander?
son and State cf South Carolina, on the tenth
day of March, 1871.
B. F. WHITNER,
Plaintiffs Attorney, Anderson C. H., 3. C.
March SO, 1871 89 6
THE STATE OF SOUTH CAROLINA,
COUNTY OF ANDERSON.
IN THE COURT OF COMMON PISAS.
Summons for Money Demand.
John C. Whitefield against M. W. Wallace.
To M. W* Wallace, Defendant ?* ihit action i
YOU are hereby summoned and required to
answer the complaint in this action,
which is filed in the office of the Clerk of the
Court of Common Pleas for the said County, and
to serve a copy of yonr answer on the subscribers
at their office, at Anderson C. IL, S. C, within
. twenty days after the service of this summons on
you, exclusive of the day of service.
If you fail to answer this complaint within the
time aforesaid, the plaintiff will take judgment
against you for the sum of Sixty-five Dollars,
with interest at the rate of seven per cent, from
the 7th day of March, one thousand eight hun?
dred and sixty, and costs.
Dated Anderson C. H., 8. CM March U, 1871.
REED k BROWN,
i Plaintiffs Attorneys.
To M. W. Wallace, Defendant.
TAKE NOTICE that the summons in> this
action, of which the foregoing is a copy, and
also the complaint, was filed in the office of the
Clerk of the Court of Common Pleas for tho
Countj of Anderson, and Stats of South Carolina,
on the 11th day of March, 1871.
REED. & BROWN,
Plaintiffs Attorneys.
March 28,1871 38 6
Encourage Home Manufacture.
E. T. GAMBRELL,
MANUFACTURES EVERT DESCRIPTION OT
MEN'S
LADIES' A CHILDREN'S W W
BOOTS and SHOES,
CHEAP FOR CASH.
CALL and see his work before yeu purchase
elsewhere. Orders filled promptly, and -all
work warranted to be made of whole stock. No
paper or wooden soles as y ?u get when you buy
Norther* manufacture.
Shop Up Stairs^ over S. Btecklej's Store.
Oome up and soe for yourselves. The best of
Stock on hand.
E. T. GAMBRELL.
Anderson, S. C, March 2, 1871. 85?8m
HENRY BISGHOFF & CO.,
Wholesale Grocers,
AND DEALERS IK
WINES, LIQUORS,
CIGARS, TOBACCO, &C,
No. 19T East Bay,
n. mscnoFF,")
iZVBSBi Charleston, S. C.
Feb 28, 1871 84 6m
J. 0. C. FEATHERSTON,
ATTORNEY AT LAW,
WILL praotice in the Courts of Anderson, Abbe?
ville and surrounding Counties, and in.
the United States Courts.
Omos?No. 8 Granite Row, up stairs, over
Watson & Bro's. Store, Anderson C. H.
Jan 5, 1871 _27_
WM. HENKT TEB800T. W. W. HOMPHRBTS.
TRESCOT & HUMPHREYS,]
Attorneys at Law,
WILL practice in the Courts of the Eighth
Circuit, and in the United States Court.
Office in Broylcs' building, opposite tho Benson
House, Anderson C. II.
Feb 9,.1871 32
wmmPm
For the Speedy Relief
AND PERMANENT CURE Ol?
Consumption, Bronchitis*
JLsthma, Colds,
And all Diseases of the
Lungs, Chest, or Throat
rTOB EXPECTORANT is composed exriuhfr
1 ly of Herbal and Macilagirrons prodaclev
whieh PERMEATE TUB VERY S?BSTANCB
OP TBE LUNGS, causing them to threw ?i A*
acrid matter which collects in the Bronohfaf
Tubes, and at the same time forms a sooikiasj
costing, relieriag the irritation rhieh prod.nwr
the cough.
Too object to bo obtained is to cleanse the or>
gan of all imparities ; to nourish and strength**
it when it has become impaired and enfeeble! by
disease; to renew and invigorate, the circalatioo
of the blood, and strengthen the nervous orfjanV
zation. The EXPECTORANT does this to an? ?p?
tonishing degree? It is active but mild and eon
genial, imparting functional energy and natura?
strength. It affords Oxygen to vitalize the bloodr
and Nitrogen to assimilate the matter?it EQUAL*
1ZES the "NERVOUS INFLUENCE,"'produohtf
quiet and composure.
TO CONSUMPTIVES
It is invaluable, as it immediately relieves Ike*
difficult breathing and harrassing cough whioh aV
tends that disease.
FOR ASTHMA
It is i% specific?one dose often relieving ti e dis?
tressing choking, and producing ealm aad pie
ant repose.
FOE CROUP
Vi
' No mother should ever bo without a bottle of the*
EXPECTORANT in the house. We have numer?
ous certificates of its having relieved, almost in?
stantly, the little sufferer, when death nppervseeU
' almost inevitable.
3Xotlicx-s t?e Advised t
Keep it on Hand!
This dread disease requires prompt acti<*;' alf
soon as the hoarse, hollow cough is heard, apply
the remedy, and it is easily subdued ;
BUT DELAY IS DANGEROUS.
The properties of the EXPECTORANT
are demulcent, nutritive, balsamic, soothing, aneS
healing. It braces the nervous system and'pr*?
. duces pleasant and refreshing sleep.
It Exhilarates and Relieves Gloominess and
Depression.
Containing all these qnalities in a eonvoaieat
and concentrated form, it has proven to be the
Most Valuable Lung 'Balsam
Ever offered to sufferers from Pulmonary diseases;.
PREPARED BY
WM. H. TUTT & LAND,
Augusta, 6a.,
Sold by Druggists everywhere,
eot 27, 1870' 1 lyr
I3IPORTANT PfOXIOBS
. TO
CONSUMERS OF DRY GOODS.
All Retail Orders amounting to ?20 and.'
Over Delivered la any Part of the
Country
Free.oi Express Charges. \\
HAMILTON E?STER & SONS*
OF BALTIMORE, MD.,
In order the bettor to meet tho w.nts of their Retail Oot?
toinors at a distance, have established a
SAMPLE BUREAU,
... ? ' -'!'' -v.
and will, upon application,promptly send by mail full; Uses
of Samples of the Newest and most Fashionable Goods, ?r
FRENCH^ ENGLISH and DOSLESTIC iLAN?FACTDB?^
' guaranteeing at all times to sell as lore, if not at tesspriessj.
than any bouse in the country.
Baring our goods from the largest and most celebrated:
manufacturers in the different parts of Europe and in
porting the samo by Steamers direct to Baltimoie, ear
stock is at all times promptly supplied with the novelties*
' of the London and Paris markets.
' As wo buy and .ell only for cash, and make no bad debt*,.
we are able and willing to sell oar goods at from Tex to>
Fifteen Per Cent. Less Pkofit than if wo gave credit.
In tending for samples specify the kind qf goods desire?.
V7o keep tho best grades ol every class of goods, from tke
lowe.it to the most costly.
Orders unaccompanied by tin cash xcill be sent C. 0. lh
I PB01TPT-P AYING WHOLESALE BUYERS are In?*
ted to inspeo? the Stock in our Jobbing and Packing De?
partment. Address
HAMILTON EASTER A SONS,,
IVt, 199, 201 and 203 West Baltimore Streut,'
Baltimore, ?i.
Oc* 27,1570 18 > - lj.
P. P. TOALE,
Charleston, S. C?
f Labgbst and most complete \
MB?? t Manufactory of Doors, Sashes, j
Ber f Blinds, Mouldings, &c., in the \
- \ Southern States. /
tiff" Printed Price List Defies CompitUion.
JOSSF" IMP F0? o?b. -?I
jj?* Sent free on- appUcation.
May 5, 1870 45
Mi
IpTER WHEELS
B0lT^armt,Shafi[n?&PulJey3
?ept15,1870
MAGQUEEN & RIECKE,
WHOLESALE
Produce & Provision Dealers,,
Have constantly on hand and rccoiving, Ba?
con, Dry Salted Meats, Pork, Lard,
Flour, Sugar, Molasses, &c, &c.
Purchasers are requested to examine their stock ab
21 and 23 VENDCE RANGE,
CHARLESTON, SOUTH CAROLINA,.'
Beb 23, 1871 :'??' Cm