Historical Newspapers of South Carolina

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Jiitara $ntci%ntcr. ACTS AHO JOINT RESOLUTIONS PASSED BY THE LEGISLATURE?SESSION 1871 AND 1872. [OFFICIAL] AN ACT TO AUTHORIZE THE CLERKS OF THE COURTS OF COMMON PLEAS TO TAKE TESTI? MONY IX CERTAD7 CASES. Section 1. Be it enacted by the Senate and House of Representatives of the State of Sou^h Carolina, now met and sitting in General As? sembly, and by the authority of the same: That the Clerks of the Courts of Common Fleas in this State, in all civil causes or pro? ceedings hereafter to be instituted, or now pending, or at issue in the Courts of Common Fleas fur their respective counties, shall, upon the application of either party to such cause or proceeding, after ten days' notice to the adverse party, take in writing the depositions of said party; or of any witness or witnesses in said cause or proceeding, whose examination shall be required by the party making such applica? tion ; upon taking which depositions, the sev? eral parties shall be entitled to the same rights of examination, cross-examination, and exami? nation in reply, and the same exceptions to the admissibility of evidence, as are allowed by law upon examination before the court. And the depositions so taken shall be certified by the Clerk before whom such examination was had, and shall be read in evidence at the trial of the said cause or proceeding; subject nevertheless to the right of either narty to require the per? sonal attendance, and viva voce examination of the witness or witnesses at the trial of said cause or proceeding, the exercise of which right however not to cause ?. continuance or delay f.n the trial of the said cause or proceeding. Sec. 2. That every Clerk of the Court of Common Pleas shall nave power to compel the attendance before him of the witness or wit? nesses to be examined as aforesaid, upon the application of a. party to any civil cause or pro? ceeding hereafter to be instituted, pending or at issue in the said court, for which purpose he may issue a subpoena to any such witneas, which shall be served personally; and if any witness upon whom such ^ubpoma has been duly served, shall fail to attend conformably thereto, the Clerk by whom the same was issu? ed, shall have power to issue a rule, requiring such witness to show cause why he should not be attached for contempt; and upon the fail? ure or neglect of such witness to show cause, the said Clerk shall have power to issue an at? tachment against such witness for contempt, which attachment shall not be dissolved, except by the order of a Judge, or of the said Clerk. Sec 8. That every Clerk of the Court of Common Pleas for taking the depositions here? inbefore mentioned, shall be entitled to demand and receive the sum of one dollar for each wit? ness examined, to be paid by the party against whom judgment shall be rendered in said cause or proceeding. Approved February 15, 1872. AN ACT TO REGULATE THE LABOR OF PERSONS CONFINED IN THE PENITENTIARY OF THE STATE OF SOUTH CAROLINA. Section 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, h6w met and sitting in General As? sembly, and by the authority of the same: That all labor, of whatever character, which is now being, or may hereafter be, discharged by any person or persons who are now, or may hereafter be confined in the Penitentiary of this State, shall be for the exclusive benefit of the State; and the labor of the convicts in the Penitentiary shall not be hired to any person or persons, for a price less than is paid to any other class of laborers for the same kind of la? bor, and the Superintendent of said institution shall keep a correct record, stating the kind of labor, ana the amount realized therefor, and the whole of which amount shall be turned over to the State Treasurer monthly, to be re? tained by him, subject to the draft of the said Superintendent, for the benefit of said institu? tion, which draft shall be accompanied by a written statement of tue items for which each amount is required. Sec. 2. Any violation of this act, on the part of the Superintendent, shall be an official miscon? duct, and, on information of aoy person to the Attorney-General, he shall immediately com? mence legal proceeding against him therefor. ... Sec. 8. All acts or parts cf acts inconsistent with this act, are hereby repealed. Approved February 15, 1872. AN ACT TO CHARTER THE TOWN OF BEI.TON, IN THE COUNTY OF ANDERSON, AND STATE OF -OUTH CAROLINA? .. 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 citizens of this State, having resided sixty days in the Town of Bel ton, shall be deemed, and are hereby declared to be a body politic and corporate, and the said town shall be called and known by the name of Bel ton, and its corporate limits shall extend one-half mile in each direction from the depot in said town. Sec 2. That the said town shall be govern? ed by an intendant and six wardens, who shall be citizens of the United States, and shall have been residents of the said town for sixty days immediately preceding their elec? tion, which shall be elected on the second Monday in April, 1872, and every year there? after on the second Monday iu January, ten days' public notice thereof being previously given, and that all male inhabitants of the age of twenty-one (21) years, citizens of the State, and who shall nave resided in the said town "for sixty days immediately preceding the elec? tion, shall be entitled to vote for said intend? ant and wardens. Sec 8. That the election for intendant and wardens of the said town shall be held in some convenient house, or some other convenient public place in the said town, from nine o'clock in the morning until five o'clock in the after? noon ; and when the polls shall be closed, the managers shall forthwith count the votes and proclaim the election, and give notice in wri? ting to the persons elected. At the first elec? tion for intendant and wardens, Messrs. G. W. McGee, B. D. Dean and Ira Williams are here? by appointed to act as managers with authori? ty to supply, by appointment, vacancies that may occur from death, refusal to serve, or otherwise The intendant and wardens so elected shall appoint three managers, to hold .the ensuing ana any subsequent election.? The managers, in each case, shall, before they open the polls for said election, take an oath fairly and impartially to conduct the same. And that the intendant and wardens, before ?entering noon the duties of their respective offices, shall take tho oath prescribed by the j constitution of this State, and also the follow- j ing oath, to wit: "As intendant (or warden) of the Town of Belton, I will equally and im? partially, to the best of my ability, exercise the trust reposed in me, and I will use my best I eudeavors to preserve the peace, and carry in? to effect, according to law, the. purposes for which I have been elected. So help me God." j The said intendant and wardens shall hold their offices from the time of their election un? til the second Monday in January ensuing, and until their successors shall be elected and qual? ified. Sec. 4. That in ease a vacancy should occur in the office of the intendunt or any of the wardens, by death, resignation, removal or otherwise, or in case of a tie in said election, an election to fill ouch vacancy shall be held by the appointment of the intendant and war? dens, (or warden,) as the case may be, ten days' public notice thereof being previously given, and in case of the sickness or tempora? ry abscuce of the intendant, the wardens form ing a council, shall be empowered to elect one of their number to act in his stead during the time. Sec. 6. That the intendant and wardens duly elected and qualified shall, during their term of service, severally and respectively, be vested with all the jurisdiction and powers of trial justices and justices of the peace, (except the trial of civil cases, and except as it may other? wise be provided in this act,) within the limits of said town, and the intendant shall and may, as often as he may deem necessary, sum? mon the wardens to meet in council, any two of whom, with the intendant, may constitute a quorum to transact business, and they shall be known by the name of the Town Council of Belton, and they and their successors hereafter to be elected may have a common seal, which shall be affixed to all the ordinances, and the said town council shall have authority to ap? point, from time to time, as they see fit, such and so many proper persons to act as mar? shals or constables of the said town, as the said town council may deem necessary and ex? pedient for the preservation of the peace, good order and police thereof, which persons so ap? pointed shall, within the corporate limits of said town, have the powers, privileges and emoluments and be subject to all the obliga? tions, penalties and regulations provided by law for the office of constable, and shall be liable to be removed at the pleasure of said council; and the said town council shall have Ewer to establish or to authorize the estab hment of the market house in said town, aud the said town council shall have full power and authority, under their corporate seal, to make all such rules, by-laws and ordinances, respect? ing the streets, roads, market-house and the business thereof, and the police system of the said town, as shall appear to them necessary ' and proper for the security, welfare and con? venience, and for: preserving health, order and good government within the same; and the said town council may impose fines for offences against their by-laws and ordinances, and ap? propriate the same to the public use of said town; and the said council shall have power to compel the attendance of witnesses and require tbera to give evidence upon the trial before them of any person for a violation of any of these by-laws or ordinances, but no fine above the sum of twenty dollars shall be collected by the town council, except by suit in a court of competent jurisdiction. Aud provided, also, That no fine shall exceed fifty dollars; and, also, that nothing herein contained shall au? thorize the said council to make any by-laws or ordinances inconsistent with or repugnant to the laws of this State; and all the by-laws, rules and ordinances the said council may make shall, at all times, be subject to revisal or repeal by the General Assembly of this State. ?dec. 6. That the said intendant and wardens j shall have full power to abate and remove nuisances in the said town, keep all road-, ways and streets within the corporate limits in good j repair, and for that purpose they are invested j with all the powers neretofore granted to com? missioners of roads, and shall have full power to classify and arrange the inhabitants of said town, liable to street, road or other public duty therein, and to force the performance of such duty, under such penalties as are now, or shall hereafter be, prescribed by law, Provided, That the said town council may compound with per? sons liable to perform such duty, upon such terms, and on the payment of such sums, as may be established by laws or ordinances.? And provided, also, That the individuals who compose the said town council shall be exempt from the performance of road and police duty, and the inhabitants of the said town arc here? by exempt from road and police duty without the corporate limits of said town. Sec. 8. That the power to grant or refuse license for billiard tables, to keep tavern or re? tail spirituous liquors, within the limits of the said corporation be, and the same is hereby, vested in the power of the town council of Bel ton, and they shall also have power to impose J a tax on shows or exhibitions for gain or re? ward within the limits, and all moneys so re? ceived shall be appropriated to the public use of said corporation. I Sec. 9. lhat the said town council of Belton shall have power to arrest and commit to jail, I for a space of time not exceeding twelve hours, and to fine not exceeding tweuty dollars, any person or persons who shall be guilty of disor I derly conduct in said town to the annoyance of citizens thereof, and it shall be the duty of the marshal of the town to make such arrest, and call to his assistance the posse comitatus, if ne? cessary ; and upon failure to perform such du? ty, he shall be fined in a sum not more than twenty dollars for each and every offeTice. Sec. 10. That the said town council of Belton shall also have power to impose and collect an annual tax upon the assessed property of said town: Provided, No tax shall be imposed, in any one year, to exceed the rate of ten cents on each hundred dollars of such assessed proper? ty ; and that the money so raised shall be ap? plied to the use of the said town, The said town council shall have power to enforce the payment of all taxes levied by the said town council, to the same extent and in the same manner as is now, or hereafter shall be, provi? ded by law for the collection of the general State taxes. Sec. 11. That the said town council of Bel? ton shall have power to regulate sales at auc? tion within the limits of said town, and to grant licenses to auctioneers: Provided, No? thing herein contained shall extend to sales of sheriff, clerk of the court, judge of probate, coroner, executor, administrator, assignee in bankruptcy, or by any other peroon out of the J order, decree of any court, trial justice or jus I tice of the peace. Sec. 12. That this act shall be deemed a public act and continue in force until repealed. Approved January 31,1872. AN ACT TO AH END AN ACT ENTITLED "AN ACT TO INCORPORATE CERTAIN TOWNS AND VIL? LAGES, AND TO RENEW AND AMEND CERTAIN CHARTERS HERETOFORE GRANTED." 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 so much of an act entitled "An act to incorporate certain towns and villages, and to renew and amend certain charters heretofore granted," aud approved at the session of the General Assembly, 1855, in so far as relates to the Town of Honea Path, in Anderson County, be so amended as to confer upon said corpora? tion all the privileges, rights and immunities now enjoyed by the Town of Anderson, in ac? cordance with their amended charter. Sec. 2. All acts or parts of acts inconsistent thereto be, and the same are hereby, repealed. Approved January 31,1872. AN ACT TO EMPOWER THE JUDGES OF THE PROBATE COURT, IN THEIR RESPECTIVE COUNTIES, TO IStSUE EXECUTIONS. Whereas, doubts have arisen whether judges of the Probate Court in this State are author- j ized to issue executions to carry into effect any order, sentence or decree of such court, there? fore, Be it enacted by the Senate and House of Representatives of the State of South Carolina, j now met and sitting in General Assembly, and by authority of the same: Section 1. That from and after the passage of this act the judges of the Probate Court, in the several counties in this State, may, and they are hereby, fully authorized and empow? ered to issue executions, when that is the ne? cessary and proper process to carry into effect any order, sentence or decree of such court. Sec. 2. That all acts and parts of acts incon? sistent with this act, be, and the same are here? by repealed. Approved January 31, 1872. AN ACT TO ALTER AND AMEND "AN ACT TO OR? GANIZE AND GOVERN THE MILITIA OF THE STATE OF SOUTH CAROLINA." 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 section 15 of "An act to organize and govern the militia of the State of South Caro? lina," approved March 16th, 1869,) is hereby altered and amended so as to read: The duties of quartermaster-general shall devolve upon the adjutant-general in times of peace. Sec. 2, That the office of assistant adjutant general be, and is hereby abolished, and the duties of that office are hereby conferred upon the adjutant-general. Sec. 3. That all acts or parts of acts inen sistent with this act be, and the same are here? by repealed. Approved February 23, 1872. An Act to Regulate the Manufacture and Sale of Commercial Fertilizers in the State of South Carolina. 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 : All commercial fertilizers manufactured, sold, or kept for sale, in the State of South Carolina, s hall have affixed to every bag, bar? rel or parcel thereof a written or printed label, which shall specify the names of the manufac? turer and seller, their respective places of busi? ness, and the constituent parts thereof. Sec. 2. Whoever manufactures, sells, or keeps for sale, any commercial fertilizer or fertilizers, not labelled in accordance with the provisions of the preceding section, and whosoever shall affix to any bag, barrel or other parcel of any fertilizer, any label not truly specifying the constituent parts thereof, and the names of the manufacturer and seller, shall be punished by a fine of twenty dollars for the first offence, and forty dollars for the second and every subse? quent offence, one-half of which shall, in eve? ry case, be for the use of the prosecutor. Sec. 3. This act shall be deemed a public act, and be in force after its ratification. Approved February 2,1872. An Act to repeal an act entitled "An act to establish a bureau of agricultural statistics for the encouragement of industrial enter? prises, and to invite capital to South Caroli? na for the development of the resources of the State." 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 an act entitled "An net to establish a bureau of agricultural statistics for the encour? agement of industrial enterprises, and to invite capital to South Carolina for the development of the resources of the State," passed the 26th day of September, A. D. 1868, be and the same are herebv repealed, and the duties heretofore performed bv the commissioner of agriculture shall be, and the same are hereby, conferred upon the Secretary of State. Sec. 2. That all acts, or parts of act*, incon? sistent with this act, be and are hereby re? pealed. Approved February 2,1872. Joint Resolution to provide for the Rcpubli cation of certain Statutes of this State, and Journals of the General Assembly thereof. Be it resolved by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority id' the same: 1. That the Republican Printing Company be, and they are hereby, authorized to have printed one thousand copies each, of volumes X, XI, XII, XIII and XIV of the Statutes of this State, and five hundred copies of the Jour? nal of the General Assembly of the Speeial Session of 1868; said copies to be deposited in the State Library, subject to proper distribu? tion as public necessities, or the convenience of State and county officials may dictate. The clerk of the Senate and clerk of the House of Representatives shall have supervision of said printing. 2. The cost of the printing herein provided for shall be paid upon the certificates of the said clerks of the Senate and of the House of Representatives, out of any moneys in the treasury not otherwise appropriated. Returned to the Senate with the objections of his Excellency the Governor, November 29, 1871. In the Senate, December 9,1871. On the question, shall this joint resolution become a law, the objections of his Excellency the Governor to the contrary notwithstanding, the yeas and nays were ordered, the joint reso? lution passed by a viva voce vote of yeas 15, nays 5, and ordered to be scM to the House of Representatives. By order J. Woodruff, Clerk of Senate. In the House of Representatives, ) December 11,1871. ) On the question, "Shall this joint resolution become a law, the objections of his Excellency the Governor to the contrary notwithstanding," the yeas and nays were ordered, and the joint resolut? )n passed a viva voce rote of yeas 63, nays 29, and becomes a law in accordance with Article 3, of the Constitution, aud ordered to be sent to the Senate. By order A. 0. Jones, Clerk House Representatives. Joint Resolution to require the Governor to communicate with the proper authorities of the State of Georgia, with a view to the re? adjustment of the boundary line between the States of Georgia and South Carolina, and authorizing the appointment of three com? missioners. Whereas, The action had by the commission? ers of the conference between the States of Georgia and South Carolina is, for many rea? sons, unsatisfactory, prominent among which may be mentioned the ambiguity of the first article; the manifest error in the third article, to vit: "The State of South Carolina Khali not hereafter claim any lands to the eastward, southward, iionthwestward, or west, of the boundary above established;" and, whereas, the citizens of South Carolina have no rights of fishing in the Savannah River, or using or drawing off lihe waters of said river for the purposes of navigatiou or manufacturing; Therefore, Sec. 1. Be it resolrcd 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 Governor of this State be, and he is hereby required to communicate with the proper authorities of the State of Georgia, with a view to a readjustment of the boundary line between the States of Georgia and South Carolina; and that whenever the Governor of the State of Georgia shall have indicated to him its willingness for a readjustment, that he be and is hereby further authorized and re-' quired to appoint three commissioners on the part of this State to effect said readjustment; and said commissioners shall be paid the same per diem and mileage as members of the Gen? eral Assembly; and the treasurer of the State is hereby authorized to pay the same out of any funds in the treasury not otherwise appro? priated. Sec. 2. That the said commissioners shall have power to arrange and finally determine the Hue between said States, and their action in the matter shall be binding upon the State of South Carolina. Approved 8th of January, A. D. 1872. An Act to Provide the Manner for Obtaining the Right of Way where Lands are Sur? rounded, by other Lands. Section 1. Be it enacted by the Senate and House of Representativei of the State of South Carolina, now met and sitting in General As? sembly, and by the authority of the same: That where any persoii or persons owning lands surrounded by lands of other person or persons, through which there is no right of way , or highway, are authorized as hereinafter pro ' vided, to construct a highway or road through such lands to tbe nearest highway there exist? ing. &ec. 2. If the owner or owners of such sur roundiug land shall signify his, or their refu? sal to the opening of a highway through such lands without previous compensation, the per? son or persons requiring such right of way shall give ten days notice in writing, to the person or persons, through whose lands such right of way is required, of his intention to establish such right of way, naming in such notice a person who will act as referee for him in the location thereof, and said owner or owners shall within ten days thereafter appoint a referee for the samelporpose. Sec. 3. That the referees so appointed, shall within ten days thereafter, meet at some con? venient place and appoint a third referee, and the three referees so appointed shall constitute a board of referees, lor the location of such highway, and to determine the compensation and damages for the same, from whose decision in no case shall there be an appeal. Sec. 4. That within ten days after the ap? pointment of a third referee in compliance with the third Section of this Act, the said referees shall meet and proceed faithfully and imparti? ally to determine the question of location, com? pensation and damages submitted to them, for which purpose they shall inspect the premises in reference to the construction of the proposed highwav, and the quantity of land which shall be required therefore, with respect alone to the qnantity and value, and location of the land which may be required, and to the special dam? age the owner may sustain by reason of the construction of the highway through his lands, .and the amount of compensation, which shall be made to the owner thereof, and shall render their verdict in writing for the same. Sec. 5. That upon the payment of the com? pensation thus ascertained the right or way over said lands shall be established and shall be opened, and forever remain a public high? way. Sec. 6. That if the owner or owners of such lands over which such right of way is required, shall not in compliance with second Section of this Act appoint a referee within the time re? quired, the referee appointed by the person re? quiring such right of way shall proceed the .name as if all three referees had been appoint? ed, and his action therein, in compliance with Section four of this Act, shall have the same force and effect as if the full board of referees had acted. Sec. 7. All Acts, or parts of Acts, inconsis? tent with this Act arc hereby repealed. Approved February 15,1872. AN Act to-Repeal an Act entitled an Act for the Appointment of a Land Commissioner, and to Define his Towers and Duties. Section 1. lie 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 an Act entitled an Act to provide for the appointment of a Land Commissioner, ap? proved March 27th, 1869, be and the same is hereby repealed. Sec. 2. That all books and papers pertaining to the office of Land Commissioner be turned over to the Secretary of State on and after the passage of this Act, and the Secretary of State shall execute the duties heretofore devolving upon the Land Commissioner. Approved February 15, 1872. An Act to Approve, Adopt, and Make of Force the General Statutes of the State of South Carolina, prepared under the direction, and by the authority of the General Assembly. Section 1. lie 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 General Statutes of the Suite of South Carolina, prepared under its authority by W. J. Whipper, C. \V. Montgomery, D. T. Corbin, Esquires, and reported to the General Assembly, be, and the same are hereby, adop? ted as the Statutes of the State of South Caro? lina, and the Acts, Ordinances and Resolves, recommended by their titles to be repealed by said Commissioners, be, and the same are here? by repealed. Office Secretary of State, Columbia, S. C, February 10,1872. This Act having been presented to the Gov? ernor for his approval, aud not having been re? turned to him to the branch of the General As? sembly, in which it originated within the time prescribed by the Constitution, has become a law without his approval. F. L. CARDOZO, Secretary of State. An Act to provide for the redemption of cer? tain lands sold under order of General Ed. R. S. Can by for taxes. 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 former owners of all land sold for taxes, and bought in for the State by the sher? iffs of the several counties, under the provi? sions of an order of General Ed. R. S. Canby, dated Charleston, S. C, December 3, 1867, to provide for the support of the Provisional Gov? ernment of South Carolina, for the year com? mencing the 1st day of October, 1867, be, and they are hereby, allowed the privilege of re? deeming said lauds, at any time within twelve months after the passage of this act. Sec. 2. That the person or persons desiring to redeem land, sold under said order, shall ap? ply to the sheriff for a certificate, under his hand and seal, stating the amount of tax, costs and penalties, for which the land was sold.? That then the said person shall present the same to the county treasurer, and pay to said treasurer the amount of the tax, with interest thereon, at the rate of seven per cent, per an? num, on all costs and penalties; whereupon the treasurer shall make and deliver to such per? sons a deed of conveyance for said land, re? moving all the titles therein. Sec. 3. That the county treasurer shall ac? count for the taxes, penalty, and interest paid in, under this act, in the same manner as he does for other taxes, and shall distribute Hie costs to the officer to whom the same shall be? long. Sec. 4. That the person or persons redeem? ing the land shall pay to the county treasurer the sum of three dollars for the deed of con? veyance, and to the sheriff (50 cents) fifty cents for the certificate. Sec. 5. That all acts or narts of acts incon? sistent witli this act be, and the same arc here? by, repealed. Sec. 6. That all deeds of conveyance hereto? fore executed and delivered by the sheriffs of the different counties, or any of them, under the act providing for the redemption of lands, sold under the orders of General Canby, ap? proved the niuth day of March, A. D. 1871, in which the application was made therefor with? in the time limited by that act, be, aud the same arc hereby, ratified and confirmed. Sec. 7. That the sheriffs who may have re? ceived taxes, interests and penalties in the re? demption of lauds, as in that act provided, are hereby required to turn the same over to their respective county treasurers, to be disposed of by them as other taxes, and to parcel out the costs received by them to the officers to whom they severally belong. Approved February 15, 1872. An Act to repeal a joint resolution entitled "Joint Resolution authorizing the Governor to purchase two thousand stands of arms, of the most improved pattern, with usual com? plement of ammunition," approved March 16, 1569. Section 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in Gen? end Assembly, and by the authority of the same: That the joint resolution entitled "Joint resolution authorizing the Governor to pur? chase two thousand stands of anus, of the most improved pattern, with the usual complement of ammunition," approved March 16, 1869, be and the same is hereby, repealed. Office Secretary of State, ) Columbia. S. C, February 5, 1872. J The foregoing net having been presented to the Governor of this State for his approval, and not having been returned by him to the branch of the General Assembly in which it originated, within the time prescri jed by the Constitution, has become a law vithout his approval. F. L. Cardozo, Secretary of State. An Act to Renew the Charter of the Pendle ton Male Academy. Be it enacted by the Senate and House of Representatives of theStateof South Carolina, now met and sitting in General Assembly, and by the authority of the same: That the charter of the Fendleton Male Academy be, and the same is hereby, extended and shall continue in force until repealed. Approved February 15th, 1872. An Act to ataend the Charter of the Town of Union. 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 immediately after the passage of this act, all and every person or persons whatsoever, who are constitutionally qualified to vote for members of the Legislature of this State, and who may have resided within the present corporate limits of the Town of Union sixty days, and their successors, are hereby declared to be members of the corporation hereby intended to be created. Sec. 2. That the said persons and their suc? cessors shall, from and after the passage of this act, become a body politic and corporate, and shall be known ?nd called by name of the Town of Union ; and its corporate limits shall extend one mile, in the direction of cardinal points, from the Spartanburg and Union Rail? road Depot in said town, as a centre, and form a square. Sec. 3. That the said town shall be governed by an intendant and four wardens, who shall be elected on the second Monday of September in each year, ten days' notice being previously ] given, and shall continue in office for one year, and until the election and qualification of their successors; and that all male inhabitants of said town who shall have attained the age of twenty-one years, and resided therein sixty days previous to the election, shall be entitled to vote for said intendant and wardens. Sec. 4. That the election of intendant and wardens of the said town shall be held in some convenient place in said town, from 9 o'clock in the morning until 6 o'clock in the afternoon, and, when the polls shall be closed, the mana? gers shall forthwith count the votes and pro? claim the election, and give notice, in writing, to the persons elected. The intendant aud wardens for the time being shall always appoint three managers to conduct the election, who, before they open the polls for said election, shall take an oath fairly and impartially to conduct the same; and the intendant and war? dens, before entering upon the duties of their offices, shall respectively take the oath prescri? bed by the Constitution of this State, and also the following oath, to'wit: "As intendant (or warden) of the Town of Union, I will equally and impartially, to the best of my ability, ex? ecute the trust reposed in me, and will use my best endeavors to preserve the peace and carry into effect, according to law, the purposes for which I have been elected : So help me God." Sec. 5. That in case a vacancy should occur in the office of intendant, or any of the war? dens, by death, resignation or otherwise, an election to fill such vacancy shall be held, by the appointment of the intendant and warden, or wardens, as the case may be, fifteen days' previous notice being given; and in case of the sickness or temporary abseuceof the intendant, the wardens, forming a council, shall be em? powered to elect one of the wardens to act as intendaut during the time. Sec. 6. That the intendant and wardens duly elected and qualified shall, duriug their term of office, severally and respectively be vested with all the powers of trial justice or other in? ferior courts in this State, within the limits of the said town; and the intendant shall, and may, as often as may be necessary, summon the wardens to meet in council, any two of whom, with the intendant, or any three wardens, may constitute a quorum to transact business, and they shall be known by the name of the town council of Union, and they, and their succes? sors hereafter to be elected, may have a com? mon seal, which shall be affixed to all their ordinances, may sue and be sued, may plead and be impleaded in any court of law or equity in this State, and purchase, hold, possess and enjoy to them and their successors, in perpe? tuity, or for any term of years, any estate, real or personal, or mixed, and sell, alien and con? vey the same; shall not exceed at auy one time the sum of ten thousand dollars. And the said intendant and wardens shall have full power to make and establish all such rules, by? laws and ordinances respecting the roads, streets, markets, commerce, trade, buildings and police of said town as shall appear to tbem necessary and requisite for the security, welfare and convenience of the said town, or for pre? serving health, peace, order and good govern? ment within the same. And the said council may fix and impose fines and penalties and imprisonment in the county jail for the viola? tion thereof, and appropriate the fines to the public use of the said corporation : Provided, That no fine shall exceed fifty dollars for any one offence, aud no imprisonment shall exceed twenty days; and when any person shall be charged with au offence for which a fiue of more than twenty dollars is ordained, the said charge will be heard and determined in au ac? tion of debt, to be brought in the name of the said town council, for the recovery of said fine, before a court having jurisdiction of causes of action of that amount for Uniou County. And if the fine ordained be not more than twenty dollars, or the offence be one for which impris? onment is ordained, the said town council, or a Suorum thereof, shall have power to hear and ctermine the said charge and render judgment therein. In all cases of trials to be had before the said town council, as hereinafter provided, the party charged shall be cited to trial by a service upon him of a summons, under the hand of the intendant or any one of the war deus, wherein shall be expressed with certainty the offence charged and the time and place of trial, which service shall be made at least five days before the day of trial. Sec 7. That all fines imposed by the said town council for any violation of ordinances or any default in the performance of street d?ity, shall be collected by a fieri facia* ; and the said town council shall have power to procure and compel the attendance of witnesses by process similar to that which, by law, magis? trates may use iu the trial of small and mean causes. Sec. 8. That the intendant and wardens of said town shall have full and only power to grant or refuse licenses for billiard tables, to keep tavern, or retail spirituous liquors within the said limits, which licenses shall be granted in the same manner and upon the same condi? tions as they now are, or may hereafter be, un? der the laws of the State ; and all the powers vested in the county commissioners are hereby granted to the said intendant and wardens within the said limits; and all moneys paid for licences, and for fines and forfeitures for retail? ing spirituous liquors, keeping taverns and billiard tables within said limits, without li? censes, shall be appropriated to the public uses of the said corporation: Provided, That the intendant and wardens duly elected and quali? fied shall not have power to grant any license to keep a tavern or retail spirituous liquors to extend beyond the term for which they have been elected. Sec. 9. That it shall be the duty of the said intendant and wardens to keep all roads, streets and ways within their corporate limits open and in good repair, and for that purpose they are invented with all the powers granted to the county commissioners. They shall also hare power to levy a tax upon the property of said town, to keep the buildings in said town f?ir educational purposes in repair. And they sha 1 also have power to compound with all perso. a liable to work the streets, ways and roads in said town, upon such terms as they shall, by ordinance, establish; the money so received to be applied to the public use of the said corpo? ration. Aud all persons refusing or failing to pay such commutation shall be liable to such hoes and penalties as the said town council may impose. And no person, residing within the said limits, shall be liable to work on any road or bridge without the said limits, or to I e taxed or assessed for the same. The said town council shall have power to require license fees from the keepers of ten-pin alleys or any other pin alleys, and to grant or refuse licenses for the same, upon such terms and conditions, and subject to such regulations as they may, by or? dinance, establish. They shall also have pow? er to require license fees from itinerant auc? tioneers, owners of public drays, wagons, live? ry stables, vehicles and horses kept for hire, within the corporate limits of said town. They shall also have power to impose an annual tax upon the property in said town, to wit: Upon all real estate, not exceeding ten cents on the value of one hundred dollars; upon all stoik in trade, not exceeding ten cents on every hu: - dred dollars' worth of the value of said stocr. The State assessment to be taken as a basis of taxation. And the said town council shall have power to enforce the payment of all taxes and assessments levied by the said council against the property and persons of defaulters to the same extent, and in the same manner, as is provided by law for the collection of the general State tax, except that executions to en? force the payment of the town taxes shall be issued under the seal of the corporation, and directed to the town marshal or other person specially appointed by the said council to col? lect the same; and the money so collected shall be applied to the public uses of the said corpo? ration. And all property upon which a tax shall be levied and assessed is hereby declared and made liable for the payment thereof, in preference to all other debts due by the person owning the property at the time of the assess? ment, except debts due the State, which shall be first paid. Sec. 10. That the said town council shall have power aud authority to require all per? sons, owning a lot or lots in said town, to make and keep in good repair sidewalks in front of said lot or lots, wherever the same shall front or adjoin any public street of said town, if in the judgment of the council, said sidewalk shall be necessary ; the width thereof, and the man? ner of construction, to be designated and reg? ulated by the said council; and for default or refusal, after reasonable notice to make and keep in repair such sidewalks, the town coun? cil may cause the same to be made or put in repair, and require the owner to pay the price of making or repairing; and the said town council are hereby empowered to sue for and recover the same: Provided, That such con? tract for making and repairing be let to the lowest bidder. Sec. 11. That the intendant and wardens shall have power, and are hereby authorized to elect or appoint one or more marshals, who shall be duly sworn in, and invested with all the powers constables now have by law, and whose jurisdiction aud authority shall be con? fined to the corporate limits of said town ; and the intendant and wardeus, or any one or more of them, are hereby authorized to require the marshal of said town, or any special constable, appointed by said intendant or wardens for that purpose, to commit to the jail of Union Coun? ty, for a term not exceeding twenty-four hours, any person who, within the corporate limits of said town, may be engaged in a breach of the peace, any riotous or disorderly conduct, open obscenity, public drunkenness, or in any con? duct grossly indecent or dangerous to the citi? zens of said town, or any of them. And all persons so im orisoned shall pay all costs and expenses incident to their imprisonment, which said costs and expenses shall be collected in the same manner as is provided by this act for the collection of fines imposed for violation of or? dinances: Provided, That such imprisonment shall not exempt the party from the payment of any fine which the council may impose for the offence for which he may have been committed. Sec. 1-2. That said council shall have power to collect licenses from all persons representing publicly, within their corporate limits, for gain or reward, any plays or shows, of what nature or kind soever, to be used for the purpose of said corporation. Sec. 13. That all fines which shall hereafter be collected by conviction in the Court of Ses? sions for retailing without license, within the corporate limits of said town, shall be paid one-half to the informer, and the other half to the said town council, for the use of the said corporation. Sec 14. That the said council shall have full power and authority to abate all nuisances within their corporate limits, aud also to ap? point a board of health for said town, and to pass all such ordinances as may be necessary to define the powers and duties of said board, and to impose fines and penalties upon the members of said board for neglect of duty.? Provided, That no fine hereby authorized to be imposed shall exceed the sum of twenty dollars. Sec. 15. That all streets hereafter to be open? ed in the said corporation shall be at least sixty feet wide, except when such widths cannot be allowed on account of permaneut buildings erected, or in course of erection, at the time of the opening of said streets. Sec. 16. That each town council shall, within one mouth after the expiration of their term of office, make out and return to their succes? sors a full account, under oath, of their receipts and expenditures during their term, and shall pay over all moneys in their hands belonging to the corporation, and deliver up all books, records and other papers incident to their office to their successors; and on failure so to do, they shall be liable to the punishment pre? scribed in the seventeenth (17) section of this act. Sec. 17. That for any wilful violation or neg? lect of duty, malpractice, abuse or oppression, the said intendant and wardens, severally, shall be liable to indictment in the Court of Ses? sions, and upon conviction, to imprisonment and fine not exceeding one hundred dollars, or imprisonment not exceeding sixty days, or both, at the discretion of the court, besides being liable for damages to any person injured. Sec. IS. That this act shall be a public act, and continue of force for tweuty years, and un? til the end of the session of the Legislature then next ensuing; and that all acts and parts of acts heretofore passed inconsistent with, or repugnant to this act, be, and the same are hereby, repealed. Approved January 8,1872. As Act to incorporate the Cheraw Fire Engine Company as a part of the fire department of the Town of Cheraw. Section 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting iu General As? sembly, and by the authority of the same: That Theodore F. Malloy, Thos. W. Bouchic, James A. McCreight and M. L. Reid, and their successors in office, be, aud they are hereby, constituted a body corporate and politic, under the name and style of the "Cheraw Fire En? gine Company," with a capital stock not ex? ceeding the sum of five thousand dollars, with the right to sue and be sued, to plead and be I impleaded, in any court of competent juri?Hc j tion ; to have and to use a common seal, and the the same to alter at will and pleasure, and i with all other rights,privileges and iramunitirs j that are now secured by law to like corpora e bodies. , . ... Sec. 2. This act shall be deemed a public act, and shall remain in force for the term of fourteen years. Approved February 15,1872.