University of South Carolina Libraries
CHARLESTON, TUESDAY MORNING, APRIL 9, 1872. - J ?^-I?A-.? I ??-?Viii .."?kam? ninan/} if? rtrwmtfOM I LAWS OF THE STATE. ACTS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA, Published by Authority. AH ACT to Charter the Lancaster and Cam? den Railroad Company ot South Carolin a. SECTION L Be it enacted by tho Senate and Hon BO of Representatives of the State of Sont h Carolina, now met and sitting in General As? sembly, and by the authority of the same : That, for the purpose of establishing a rail? road company, from Camden to Lancaster, . that a charter, with the rights and privileges meiden tal to the same be, and ts hereby grant? ed to, and vested in H. J. Hickson, B. W. Consart, Joseph Clark, J. P. G. Mittag, B. J. Witherspoon, D. 0. Wolfe, W. M. Shannon, J. ? B. Kershaw, W. Z. Lettner, Manaes Baum, Samuel Boy kin, T. F. McDow, 8. H. Brewer, v L. J. Patterson and John Kershaw, and their associates, and when a company shall be formed, in compliance with the conditions herein prescribed, it shall be known by the name of the Lancaster and Camden Railroad Company, and shall have a corporate exis? tence, as a body poli tic, in perpetuity. Ssa 2. That tbe capital stock of said com? pany shall be one million dollars, in abares of twenty-five dollars, or five acres of land each; and, in order to raise the said capital stock, it shall be lawful to open books of subscription in snob places, and at snch times as may be deemed for the beat interests of tbe corporation, under the direction of the oorporttora; the times and placea for re . oeiving such subscriptions to be determined by a-majority of the corporators; bat should a majority fail to fix sooh times and places, then such times and places may be fixed by vay six of the corporators hereinbefore named, having given due notice of the same ta any newspaper or newspapers of the State; and the subscription books ah all be kept open for twenty days, from snch times, and at snch places, as said corporation may determine; that, on eaoh share of stock subscribed, or land to the vitae of each shire, so subscribed, the said subscribers shall pay two dollars to the corporators, who shall deposit the same in some national or State bank. When nf ty thousand dollars, or the value thereof in land, ahall have been sub? scribed, tbe said corporators, or any six of - them, shall give notice, by publication, for at least ten days, of the time and place or meet j lng for organization. SEC. 3. Whenever tbe said sam of fifty thousand dollars, or the value thereof in land, ?ball have been subscribed, the subscribers, their executors, administiatora and assigns, shall be, and they are hereby, declared to be incorporated into a company, and shall have all the rights and privileges oonferred upon tbe Sooth Carolina Central Railroad Company, ratified --. Provided, however, That nothing herein contained shall be so construed as to exempt tbe said company from pay? ment of taxes. Provided further, That this act . shall not be construed BO as to bind the Stat? to endorse, guarantee, or aid said road. Provided, further, That * nothing herein contained shall be construed as to exempt said company from tbe provi? sions of Section 1, chapter 63, of the general statutes. Sao. 4. That the said company shall have the right to construe t necessary stations, and turnouts, with one or more tracts to the road: Provided, That the ''said road shall be com? menced within one year and completed within five years', after the passsge ot thia act, or the charter thereof shall be forfeited: And pro? vided further, That the said road shall be sub? ject to (he provisions of an act entitled "Au act to declaro the manner by wbicb tbe land, or the right of way over the lands of persons or corporations may be taken for the construc? tion and uses of railways, and other works of internal improvement," ratified September 22, ? A.D. 1868. Ssa 5. That this act be deemed a pablio act, and continue in force for twenty-one years. Approved March 13,1872. As ACT to Charter tbe Big Bay and Adams's Bon (Narrow Gauge) Railroad Company. SECTION L Be it enacted by the Seoate and House of Representatives ot the State of South Carolina, now met and sitting in General As? sembly, and by the authority of the same: . That for the purpose of establishing a rail? road company from Big Bay, with a lateral branch to Eddings's Bay, Edie to Island, to run in the most feasible and direct route to Adams's Bun, intersecting the Charlea too and Savannah Railroad at the above pomts, that a charter, with the rights and privileges incidental to the same, be, and tbe same is hereby, granted to, and vested in John Wright, Henry Weldont Carl Berlin, George Marsiella, A.Berg, andi their associates, and when a company shall be formed, in compliance with the conditions herein prescribed? it shall be known by the name of Big Bay and Adams's Run Railroad Company, and ahall have a corporate existence aa a body politic in perpetuity. Bsa 2. That the capital stock of said com? pany shall be two hundred thousand dollars, io shares of twenty-five dollars each, and in order to raise the said capital slock, it shall be lawful to open books of subscription, in such places, ? and at snob times, as may be deemed for the best interest of the corporation, under the di? rection of the corporators, the times and pla? ces for receiving such subscription to be deter? mined by a majority of the corporators; but should such a majority fail to fix such times and places, then such times and places may be fixed by any three of the corporators herein? before named, having given due notice of the ?ame in any newspaper of the State, and the subscription books shall be kept open for thirty days from snob times, and at snch places, as said corporators may determine; that on each ?hare of stock subscribed, the said subscribers ?hall pay two dollars to tbe corporators, who ?hall deposit it in some National or State bank. When ten thousand dollars shall have been subscribed, the said corporators, or any three of them, shall give notice, by publication for at least ten days, of the time and place of meet? ing. Ssa 3. That they are hereby authorized to build a railroad from Adams's Ran Station, on the Charleston and Savannah Railroad, to Big, or Eddings's, Bay, Edisto Island, Sooth C i ro? ana, with one or more tracks : Provided, They ' do not obstruct any regnlar mail or passenger trains on any road, or obstruct the navigation on any navigable stream, over which the road aforesaid may have to cross; that good and sufficient draw bridges are to be built by the said corporation, sbonld necessity require the same to be done : Provided, further, That said road shall be subject to the provisions of an act to declare the manner by wbich the lands or the right of way over the lands of persons or corporations may be taken for the construc? tion and useB of railways and other works of internal improvements, ratified Septemb 1868. Approved March 12,1872. AK ACT to Incorporate the Grand Lodi Free and Accepted Ancient Yotk Masc the State of Benth Carolina, and the 8 d??ate Lodges nnder its Jurisdiction. SECTION 1. Be it enacted by the Senat* Honse of Representatives of the State of ? Carolin?, now met and sitting in Genera sembly, and by the anthon fy of the same: That George E. Johnson, Wm. H. Birne B. Maxwell, Wm. B. Nash, B. A. Bosemon H. J. Maxwell, H. E. Hayne, Wm. Ingliss Wm. C. Yoong, H. L. Bell, B. B. Elliott, 1 Dereer, J. A. Bonley, B. H. Gleavea. W Jones, Jr., and their successors in office and they are hereby, incorporated by the i of "The Most Worshipful Grand Lode Free and Accepted Ancient York Mason the State of Sooth Carolina," and by name shall bave capacity to ene and be 8 plead and be impleaded in any and all ol courts of this State, to contract and be tracto i with, to have a common seal, an alter the same at pleasure. And the Grand Lodge, throng h its fonr principal eera, shall have perpetual succession, and grant dispensations and charters to snbor ate Lodges, to be subject to and nnder Masonic jurisdiction, and make, ordain establish ita constitution, by-laws, mles r?gul?t iona, not inconsistent with the const lion or laws cf this State, or of the Uni States; an! may acquire, bold and enjoy much real estate as may be necessary for erection of proper buildings and offices, no exceed ten acres, for carrying on and condi ing its business; and, in the erection of Lodge-room, may. erect store-rooms or offl in the lower stories thereof, and rent ont same and co ll cot the rent, and bold or loan t same out, aa the Grand Lodge may desi eubjoct to the regulations hereinafter p; scribed. SEO. 2. That said Grand Lxlge shall bi power to collect ita revenue and to apply I same, according to the ancient custom of 1 order, or may loan out the same for the p pose of aiding in benevolent enterprises, for the purposes of accumul?t iou: Providi That the funds in money, or choses in acti< shall not exceed, in available assets, the si of fifty thousand dollars at any one time, a shall not be loaned upon usurious interest, i shall the funds or accretions tbrereof be Ue otherwise than for the payment of the i penses of the 'Jlrand Lodge, and for chantal purposes, and being tbns set apart, the sat shall not be liable to taxation. SEC. 3. That all contracts made, or oblig lions assumed heretofore, which are not ince sietent with (be laws of the laod. by said Grai Lodge, be, and the same are hereby, mai valid and binding upon said Grand Lodge, organized under this charter; and the accer, ance of this charter by a resolution of sa Grand Lodge shall be all that is required complete its organization under the same. SEO. 4. That the three principal officers each subordinate Lodge under the jurisdiotit of thia Grand Lodge, and their successors i office, be, and tbe same are hereby, created body politic and corporate, so far as to en&b them, for each of their respective Lodges, l receive, bold and enjoy, possess and retai property, both real and personal, not exceei ing in vaine the sum of twenty-five thomar dollars, and to sell, alien or lease the samo i any manner deemed advisable by said subordh ate Lodges, and wbioh said subordinat Lodges shall be, and are hereby, incorporate by the name specified in the charter or dit pensation granted by the said Grand Lodge t each of them respectively, which said charter or dispensations, whether granted hero to for or hereafter by said Grand Lodge, shall b evidence of the fact of incorporation undei this act, in any court of this State, without further proof; and by such name said sabor dinat? Lodges may sae and be susd, pleac and be impleaded, and do all things enjoinei by the said Grand Lodge, not inconsistent wit] tbe constitution or fews of the land, and with in the scope and purview of the powers here by conferred upon said Grand Lodge; and thi saki subordinate Lodges, respectively, shal retain their said corporate powers so long ai tbe Bald Grand Lodge shall continue their re spective obartera or dispensations, bub ebal cease to possess any corporate existence whee the charter er dispensation shall have been re? voked or taken away by said Grand Lodge; and all the effects of Bach subordinate Lodge as may forfeit ita charter or dispensation, shall belong to the said Grand Lodge; and each subordinate Lodge shall have the same powers, with respect to ita'asseta, as are con? ferred by the Second Section of this act upon the Grand Lodge. SEC. 5. That the said Grand Lodge, and snob subordinate Lodge under its jurisdiction, shall have, respectively, power to receive by gift, grant, contract, devise or donation by will, subscription or otherwise, any personal or real estate, not exceeding in value the sum herein above mentioned as the maximum of their as? sets, respectively, and shall have power to sell, alien or dispose of the same; and no such gift, grant, contract or devise, or donation by will, subscription or otherwise, shall fail by reason of any misdescripti in in the name of snob cor? poration, and all contracts or agreements which may have been lawfully entered into by sud subordinate Lodges, under their organi? zation heretofore, shall be binding upon them in their several corporate capacities under this act; and the same may be enforced by them respectively, and the property and effects owned by them, boing dedicated to charitable purposes only, shall be exempt from taxa? tion. SEO. 6. That this act shall be deemed and taken as a public act, and notioe thereof shall be taken in all the courts or justice and else? where in this State, and shall be given tn evi? dence on any trial of any issue or cause, with? out specially pleading. Approved March 9,1672. Air ACT to Incorporate the Sumter Academical Society. SECTION 1. Be it enacted by the Senate and Honse of Representatives ot the State of South Carolina, now met and sitting in General As? sembly, and by the authority of the same : That Franklin J. Moses, Jr., Samuel Lee, T. B. Johnson, A. L. Singleton, J. N. Corbett, W. J. Andrews, together with such other per? son or persons, as are now, or may hereafter be, associated with them, shall be, and they are hereby, constituted and made a body poli, tic and corporate, by the name and stylo of "The Sumter Academical Society," with power to RUO and bo sued, to plead and be impleaded, to possess and bold, subject to former grants, escheated and other property, within the county of Sumter, toan amount not exceeding twenty thousand dollar}. SEO. 2. I hat all property heretofore vested in the trustees of "The Sumter Academical Society," incorporated by an aot entitled??*An act to incorporate certain companies and sod tiop," passed on the. twentieth day of Decem? ber, A. D. 1837, be, and the same is hereby vested in the incorpora to rs named in this act, and such io corporators shall be deemed and held in law to be the proper and legal succes? sors of such former trustees. SEC. 3. That the corporators of the said Sum? ter Academical Society, named in the first sec? tion of this act, be, and they are hereby, au? thorized and empowered, for the benefit of the society herein incorporated, and for no other purpose, lo exchange the lot of land which was convoyed by the late J. B. Miller to cer? tain trustees for educational purposes, of whom F. J. Moses, Sr., is the survivor : Provided, That the condition of the exchange shall be, that a lot of tbe same size within tbe corporate limits Of the Town of Sumter shall be given, and a frame house of equal capacity of the Academy, lately destroyed by fire, completely furnished with desks and seats, shall be erect? ed thereon, subject to the acceptance of the aforementioned corporators. BEC. 4. This act to be and remain in rall foroe anti) repealed. Approved March 13,1872. Air ACT to Amend an Act entitled "An Act to Incorporate the Waccamaw and Li ul o River Canal Company." 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 incorporate the Waccamaw and Little Bi ver Canal Compa? ny," be, and is hereby, amended as follows : Strike ont, os the fourth line, in eoetion 3, all after "ss," and insert in lieu thereof, "That said company may commence business as soon ss fitly per cent, of its capital stock is snb scribed, and ten per cent, of the same is paid np." SEC. 2. Add to section 6: "That the said compati y shall have the rigbt to use or dispose of snob portion of its waters, lands or other property, as it may see fit, tor manufaotnring, hydraulic or other purposes." Approved March 12,1872. AH ACT to Amend the Char tor of the Town of Beaufort. SECTION 1. Ba it enacted by the Senate and House of Representatives of the State of South Carolina, now met and Bitting in Cen eral Assembly, and by the authority of the same : That the act incorporating the Town of I Beaufort be so amended that the town council of Beaufort be, and they are hereby, author? ized to establish a guard, or police, for the bet ter security and regulation of the said town; j and to paas such ordinances as they may deem I expedient, to define the duties, fix the com pensation, and impose flues and penalties for I neglect, or improper diso'iarge of duties of said guard, and, generally, to perform all acts necessary and proper to effectuate the inten tiou of this act, and make and establish all rules and orders relative to said guard, not in consistent with the laws of the State. That the intendant and wardens duly elected and I qualified, shall, daring their term of service, have the same powers which a trial justice now has to compel the attendance of witness, and require them to give evidence, upon the I trial before them of any person for the viola? tion of any of the by-laws, or ordinances of the town; that the intendant shall, as often as oc? casion may require, snmmon the wardens to meet in council, a majority of whom shall con-1 stitute a quorum for the transaction of bast ness, and shall be known by tbe name of the town council ot the Town of Beaufort; and they and their successors in office shall have a com-1 mon seal, and shall have power to appoint, from time to time, snob and so many proper persona, to act as marshals or constables, as I limy shall deem expedient and proper, which office rs shall have all powers, privileges and emoluments, and be subject to all the duties, penalties and r?gulations, provided by the j laws of this State, for the office of constable; and the intendant and wardens in conned shall have power and authority, under their co rpo r ate seal, to ordain and establish all such rules and by-laws, and ordinances, respecting the streets, ways, public wells and springs, or fountains of water, markets and police of said j Town of Beaufort, ;and for preserving peace, health and order and good goven.inent within I the ?ame, as they may deem expedient and proper, not inconsistent with, or repugnant to the laws of the State; and all snoh by-laws and ordinances shall, at all times, be subject to re visai or repeal by the General Assembly of the State; and tbe said council may affix fines for offences against snch by-laws and ordinances, I and appropriate the same to the use of said I corporation; bnt no ' floe shall exceed thirty dollars, and when fines shall exceed twenty dollars, they may be recovered in a trial jus? tice court, of tbe County of Beaufort, and when they are of the amount of twonty dol- I lars, or under, they may be recovered before said intendant and wardens in council. SEO. 2. That the said town council may have power to require all persons owning a lot or lots I In the said town, to build a lawfnl fence, and keep in good repair. sidewalks in front of said lot, or lots, whenever tbe same shall I front or adjoin any of the public Btreets of said town, if, in tie judgment of the I sonncil, such sidewalks shall bo necessary, I the width thereof, and the manner of construe-1 lion, tobe designated and regulated by the town council. And for default or refusal to make and keep in repair such sidewalks, the town council may cause the same to be put I in repair, and require the owner to pay the 11 price of repairing: Provided, That snch con traci for repairing the same be let to the lowest bidder. SEO.3. That the said town council shall have power to abate all nuisances within the cor- I porate limits, and, also, to appoint a board of health and a harbormaster, when deemed necessary for the said towo, and to pass snob ordinances as n.ay be noc.ssary to dsfine the duties and powers of the Baid board, and to im-1 pose fines and penalties upon the members of the said boord for neglect of dnty or refusal to serve. SEO. 4. That the power to grant or refuse I licenses for ten-pin, or other pin alleys, baga-11 telle tables, to keep taverns, or to retail spirit-11 nous liquors, within the limits of tbe said cor- j poration, be, and tbe same is hereby, vested] in the towu council of Beaufort; and the said town council may grant licenses to retail spir ituous liquors to snob persons, and in such quantities, at snch rates, and upon auch terms and conditions, as tbe said town ccunciimayl see fit and proper: Provided, That no such I license shall exceed tbe sum of two hundred dollars; provided, further, that in no instance shall tbe price of a license to keep a tavern, or retail spirituous liquors, be fixed at s lesa sum than is established by the laws of this State. 11 SEC. 5. 1 bat the said town council are here- I by empowered to require all persons, compan? ies and corporations, now engaged, or who may I become hereafter engaged in business, or avo- I cations of any kind whatever, within the lim- J ita of th? said town, to t&ke ont a license i the town council of said town, who are he: authorized to impose a reasonable char/i tax, within their discretion, for the condu tbe same. SEO. 6. That tbe said town oonncil shall fa power to impose a tax, within their discret on ali sales made by itinerant traders and i tioneers, on all drays, carts, wagons, 01 buses, carriages and other vehicles, kept hire. And the said town council shall h power to enfore the payment of all taxes assessments against the property and pena of defaulters, to the same extent, and in same manner, BB is provided by law for collection of the general State tax, except t executions, to enforce the payment of to taxes, shall be issued under the seal of the < po ration, and directed to the town marshal other person especially appointed by the G town council, to collect the same. SEO. 7. That roturas shall be made, on oa to the clerk of the town council, whenever, E at such times, as tbe aaid council may so quire by ordinance, of the amount of all sa or merchandise, professional, mechanical, other incomes, and of the quantity and kind all other property, other than real estate, st jeot to taxation under the provisions of t! act, by persons who may be liable to pay 1 taxes on the same; and any person, in deta of payment of such taxes, when saob payme may become due, shall be subject to the pen ties now provided by law for failure to pay t general State tax. That all moneys paid i licenses and for fines and forfeitures for ret? ing epirituons liquors, keeping taverne and t hard tahlee within the limita without Lcensi shall be appropriated to the pubbo uses of st town. Ssa 8. That all acts, or parts of acts, im la ti on to the Town Connell of Beaufort, repu nant to, or supplied by this bili, be, and t same are hereby, repealed. Approved Marah 9,1872. As ACT to Amend tbe Law in Relation to fl License and Registration of Pnarmaceutist Apothecaries and Druggists, and to Be gula tb.9 Vending of Drugs and Poisons. SECTION 1. Be it enacted by the Senate ai House of Bepresentatives of the State of Soul Carolina, now met and sitting in General A sembly, and by the authority of the same: That from and after the passage of this ac the Medical Faculty of the University of Soul Carolina shall possess and exercise all tl powers heretofore given and now possessed I the faculty of the Medical College of Charla ton, In respect to the examination and li oem of pharmaceutists, apothecaries and druggist Provided, That this section be construed as i no wise diminishing the powers of the facult last named; but as giving to tho ficulty fin named the same powers, and also imposin thereon the duty and obligation to exercis snob power upon due application. SEO. 2. That any pharmaceutist, apothecar or drnggist, who carries on and conducts th business of such occupation in this State, afte the expiration of six months from the passag of this act, must have a license therefor fror one of the above named bodies. And any perso who shall thereafter carry on and conduct th business of said occupations, or aoy of them without such boense shall be liable to indict ment as for a misdemeanor, and, on convie tion, to a fine not exceeding five hundred dol lars, or imprisonment, not exceeding si: months. SEO. 3. That before granting said license, ex cepl in the cases hereinafter excepted, ead applicant therefor shall undergo an examina tion by and before that body to wbioh the ap plication is made, and of such nature as the; shall require; but snob examination mast in elude tbe reading of manuscript prescription) and explanations thereof, the discovery or de tection of unusual doses of drags, and espe ci ally of poisons, the recognition and dis tin guisbing of the various roots, barks, leaves, fruits, rosina and gams, in common use, and the proper antidotes and mode of administra' lion thereof for the different poisons. SEO. 4. That no examination shall be requir? ed in case the applicant is a regular graduate in medicine or pharmacy of a school that is en the ad extenden of tbe University of Sooth Car? olina, but such an applicant shall be entitled to a license, npou furnishing evidence of bis graduation satisfactory to i he said faculty. SEC. 5. That it shall be the duty of the facul? ty of the said rmivoraity to establish, corry on and preserve, in a book to be kept for that purpose, a register of all pharmaceutists, apothecaries and druggists in the State, in? cluding the names of pera ons registered, place of businoes, the fact whether the person regis? tered be a graduate of medicine and pharmacy, or.whet ber under licens ? granted on examina? tion, and any other matter ot information the said faculty may see fit to odd. SEO. 6. That it shall be the duly of all licensed pharmaceutists, apothecaries and druggists by whichsoever body licensed to have their names registered in manner afore? said by the medical faculty of tho University of South Carolina, and to report annually on or before tbe first day or November of each year, to tbe said medical faculty of the said univer? sity, .vhether any, and if yea, what change has occurred within the then preceding year, os to their respective places of business, and for omission and neglect of the requirements of t bis section, or any of them, they I hail, re? spectively, incur a fine of twenty-five dol?ais; and for oach and every registration or obange thereof, the party BO registered shall pay to the said faculty of the university the sam of one dollar, wbioh shall be their compensation for the aorvicos performed ia accordance with the provisions of this act. SEO. 7. That it shall be the duty of the med? ical faculty orthe University of South Caro? lina to make a coirect report to the General Assembly of work done by them, in aocord anco with tbe provisions of this act, on or be? fore the first day of December in each year. SEC. 8. That every pharmaceutist, or other person Belling any poison, shall be satisfied that the purchase is made for legitmate pur? poses, and shall keep a book in which shall be recorded every sale of the following articles, viz; Arsenic and its preparations, all metallic cyanides, and cyanides of potassium, tartar emetic, corrosive sublimate, aconite and its preparations, strychnine, and all other poison? ous alkaloids and their salts; cantharides, ergot, byancyanic acid; the said record also to ex? hibit the name of tbe person to whom sold, place of his residence and purpose of purchase, as stated, which book shall be kept at all times Bubject to inspection by ?he coroner of the county and solicitor of the circuit, or Buch other persons as .either of them may desig? nate. SEO. 9. That all persons in this State en? gaged in business as" pharmaceutists, apothe? caries and druggists, io either tbe wholesale or retail of drugs, shall, to every bottle, vial, box oi other package containing any poison named in the preceding section, or any one or more of the following articles, viz : Oxalic acid, chloroform, belladonna and its prepara tiooB, opium, and all ita preparations, except paregoric, digitalis and its preparation, hen? bane and its preparations, hemlock or coninm, or any other article that may be added to this hst by said faculty of the University, securely attach a label, whereon shall be either printed or legibly written with red ink, the name of the poison and the name of at least one antidote, with brief directions as to the mode of using the same: Provided, That nothing herein contained shall be cons tr ned to apply to the filling of prescriptions made by regular physi? cians: And provided, further, That it shall be the duty of tbe examining body on application at the time of regie trat H ro to furnish to the party regiateriog a form of labels for poisons. SEO. 10. That this act shall not be construed to prevent merchants and shopkeepers from vending or exposing to sale medicines already prepared: Provided, Snch merchant and shop? keepers shall attach to the articles sold a copy of the label att ached thereto by wholesale drug? gists, and in the ssle of poisons ahall comply with the provisions of section 8 and 9 of this act. SEO. ll. That it shall not be lawful for the proprietor of any pharmaceutical shop to allow any person not qualified, in accordance with the provisions if this act, to dispose of poisons or compound the prescriptions of physicians, and any person who, upon indict? ment for a violation of this Beotion, shall be coorie '.ed of the same, shall pay a floe not ex? ceeding Ave hundred dollars, or suffer im. prisonment for tho period of not more than six months. Approved Much 13,1872. AH ACT to Authorize the Formation of, and to Incorporate, the Laurena and Asheville Bail road. SECTION 1. Be it enacted by the Senate and House of Representatives of tbe State of South Carolina, now met and sitting in General As sembly, and by tbe authority of the same : That J. B. Fowler, William Mills, Lanson Owens, Samuel Fleming, Wm. H. Langston, Y. J. P. Odens, J. Crews, W. E. Earle, Thomas M. Cox, Alexander Isaacs, Wilson Cook, Alex? ander McBee, H. P. Hammett, L. Williams, Hewlett Sullivan, James P. Moore and tbeiras? sociates and successors, be, and they are here? by, declared a body politic and corporate, under tbe name and style of the Laurena and Asheville Railroad Company, for tho purpose of coEistrncting a railroad from tbe Town of L?u? reos to the Town of Greenville, and thenoe to? wards Asheville, North Oarolina, by tbe moat direct sud possible route. SEO. 2. That, for the purpose of raising the capital stock of said company, it shall be law? ful to open books, at the Town of Laurens, nnder the direction of J. B. Fowler, Wm. Milla, Lanson Owens, Samuel Fleming, Wm. H. Langston, Y. J. P. Owens and J. Orews; at the Town of Greenville, under W. ?. Earle, Thomas M. Cox, Alexander isaacs, Wilson Cook, Alex? ander McBee,'H. P. Hammett, L. Williams. Hewlett Sullivan and James P. Moore; and at snch other places, in the Counties of Laurens and Greenville, and nnder the direction of snob other persons, as the commissioner in the respective counties herein above named may designate, for the parp?se of securing subscriptions to an amount not exceeding two million five hundred thousand dollars, in shares of one hundred dollars each, to constitute a joint capital stock, for the purpose o? con? structing and carrying into operation the said railroad; and on each abare of individual stock the subsonber shall pay to the oommiBSionerB, wbo shall be authorized to take the same, the sum of five dollars, lawful money of the United States. SEO. 8. That, when when the som of one hundred thousand dollars shall have been sub? scribed in the manner before specified, the subscribers shall be, abd they are hereby, de? clared a body corporate, to be known by tbe name and style of the Laurens and Asheville Rai broad Company, and may meet and organ? ize said company, at such time and place, aa may be designated by tbe commissioners, for the Town of Laurens hereinbefore named. Sic. 4. That, for the purpose of organizing said company, all such powers as are conferred by tbe charter of tbe Greenville and Colombia Railroad Company ou the commissioners at Greenville, shall be, and are hereby, conferred on the commissioners herein appointed, at the Town of Laurens; and all the powers, rights and privileges granted by the said charter, and its amendments, to the Greenville and Co? lumbia Railroad Company, shall be, and they are hereby, granted to the Laurens and Ashe? ville Railroad Comprny, and subject to like re? striction as are therein contained, exe ep t as to the capital stock, the Barn necessary to author? ize organization, and the amount of shares, ex? cept BO far as may be necessary to conform to the - special provisions of this act Provided, however, That nothing herein contained shall be so construed as to bind the State to sub? scribe stock In said company, or make any ap? propriation to enable tbe said company ,to build said road, or in any manner to loan the credit of the State thereto. SEO. 5. Be it farther enacted, Tbat it shall be lawful for any county, township, town or etty in this State, interested in the construc? tion of the said railroad, to subscribe to the capital stock of said company snch sum as the majority of the voters of such county, town? ship, town or city may authorize their consti? tuted authorities to subscribe ; and the ch air? man or the board of county commissioners of any county, or the mayor or intendant of any town or oity in this Slate, when instructed by resolution of a convention of taxpayers of snch county, township, town or city-said oonven ti m to bo call od, aftej reasonable notice, by the chairman of the board ot county commis? sioners, or tbe mayor or intendant of tbe town or city, upon the application of not lesa tb ah ten taxpayers, fri writing-is hereby required to submit the question of said subscription, and the' amouof, to be subscribed to the said road, to a vote of the legal voters thereof, the said mayor, chairman or intendant to desig? nate the precincts for voting,and to appoint suitable managers to conduct the same, and declare the result. SEO. 6. That if any county, township, town or city shall make a subscription to said road, aa provided in tbe loregoing section, said sub? scription shall be raised by taxation, in annu? al instalments, of not loss than ten nor more than twenty years, as the people may author? ize in the vote aforesaid. SEC. 7. That whenever any subscription shall be made by any counly, township, town or city to said road as aforesaid, the oonnty audi? tor or other officer discharging the duties of county auditor, shall assess annually, u pou the taxpayers of snch county, township, town ot city, such per centum as may bi necessary to raise the annual inst aim en t required by said subscription, which shall be known and styled in the tax-books as tbe said railroad tax, which shall be collected by tba county treasurer, ander the same regulations as are provided by law for the collection of the State and coun? ty taxes, and which shall be paid over by said i c f c c <Q 8 t c t Jl 1 t I ( c c e t c 1 t I t ll t a a ( s a t t a n B I I a 9 ll d a a li 1 a I t 1 c f t 1 i ? <3 I ii o F t t t S t rj t a e I e t * e a a P ? C e o e I j' o t o II c n o P ti a d b n ti fi a a a o li 0 0 a ? a jonoty ire ar or ir as soon as collected to i xeasurer of said railroad company. Ssa 8. That, upon tba payment of said i mal rai tro id tax by the taxpayers, the com .re aa tirer or other officer collecting said I ?hall gire to each taxpayer a <;ei tif cate of t mount paid by him on said railroad tax, whl iertiflcate shall be convertible into stock laicTrailroad company, at par, in the hands ?td taxpayer or tbe bearer thereof, when pi tented to the company for that pnrnose. SEO. 9. That, in all conventions of tl itockbolders of said company, snob count ownahip, town or city, as may subscribe be capital s to ck thereof, may be represent) >y not less than three nor more than Are del rates, who shall represent snob portion of tl tubscription of the said county, townabi own or city as may not ha we been convert? uto individual stock by tbe certificates of tl axpayers aforesaid; and said delegates mi te appointed in primary convention of the ta: layers of such co an ty, township, town or cit, is the case may be, in suoh manner as tt ?id conventions may deiennine, and for tb rar pose, the chairman of the county commit toners of any county, or the mayor or inter lant of any town or city, in wbioh such ral captious may be made, is hereby required t ill a convention of Bach taxpayers, ai leaf en days before the meeting of any conven t?o if stockholders of said company, to which th lelegates are to be appointed. SEO. 10. That said oompany is authorised t ecelve subscription to its capita) stock inland ir labor, as may be agreed upon between Bab ompany and said subscribers, and may ac ["ire, by grant; purchase, lease or otherwise roy estate, real or personal, whatsoever, an he same to hold, use, sell, convey and dispos if, as the interest of said oompany requires. SEO. ll. That the county commissioners c be Counties of Laurens and Greenville, an be proper authorities of the towns and vii ages in tbe counties subscribing to the cap! al stock of the said Laurena and Ash evil! lailroad be empowered, as soon as the sal ?mpany shall have complied witbb the term if subscription of any of the above meotione lountiee, towns, cities or villages, and sal ubfcri ptiona accepted by said oompany, tba be said county commissioners of such omntj ir tbe proper authority of snob towns and vii ages, are authorized and required to issu tonds to the amount of said subscription, am 0 have levied and collected, par to par, on al axable property in said county, town or vii ige, a sum of money auffielen t to meet the in erest accruing on auch tbonds as may be is ned to meet such subscription to the capita took of said Laurena and Asheville Bailrbac Company, and, to provide further payment o ri ch bonds as they may fall doe. SEO. 12. That the said company be, and the; re hereby, authorized to iasne first mortgage onda in an amount or amounts not exceeding wenty thousand douars per mile, for each ano very mile of the said road, as soon aa each lile of the same sball be completed, and so on util the completion of the entire road. Approved March 15, 1872. IK Aor to Incorp?rate the Town of Ninety Six. SECTION- 1. Beit enacted by the Senate and louse of Representatives of the State of South /'arolina, now met and sitting in General As embly, and by the authority of the same: That all persona, citizens of the United tates, who now are, or hereafter may be, in abitauts of the Town of Ninety-Six, shall be leeme?, and are hereby declared, a body poliitc cd corporate; and said town shall be called nd known by the name of Ninety-Six, and its imita eh ii: be deemed and held to extend one 1 alf mile in eaoh direction from the Greenville nd Columbia Railroad Depot, at said place. Seo. 3. That tbe said town sball be governed ry an intendant and fonr wardens, who shall ie elected on tbe first Monday io April next, 872, as well as on tbe first Monday in April of very year thereafter, au election shall be held or an intendant and four wardens, who sball i9 citizens of tbe United States, and sball lave been residents of the said town, sixty lays next preceding said election, at snob place n said town as the intendant and wardens shall lesignate, ten day's' notice thereof, in writing, icing previously given; and tbat all the male uh abitante of said town, of the age of twenty ne years, who bave resided therein sixty days ?re vio u 8 to tho election .shall be entitled to Vote or eald intendant and wardens; and the elec ion shall bs held from seven in the morning, m til six o'clock in the evening, wben the poll hall be closed, and tbe managers shall count he votes and proclaim the election, and give lotice thereof to the persons*elected; and that he intendant and wardens for tbe time being ball appoint managers to bold the ensuing lection; that the intendant and wardens, be? are entering upon the duties of their offices, ball take the oath prescribed by tbe Cons ti tu? lon of the State, and the following oath, to wit: 'AB intendant (or warden) of Ninety-Six, I will qually and impartially, to the best of my bi I itv, exercise the trust reposed in me, nd will use my bast endeavors to preserve tbe ?nee and carry into effect, according to law, be purposes of my appointment. So help me tod." SEC. 8. That in case a vacancy shall occur in ho office of intendant or any of the wardens, y death, resignation, removal from the Slate, r from any other cause, an election sball be aid, by appointment of the intendant and tarden, or wardens, as the cas? may be, ten ays' public notioe thereof, as aforesaid, being iven; and in oase of tbe sickness or tempc ary absence of tbe intendant, the wardens, wminj a counoil, sball be empowered to lect one of themselves to act as intendant uring such sickness or abs opee. SEO. 4. That tbe intendant and warda ns duly looted and qualified, snail, during their term f service, severally and respectively, be ves t d with all the powers of trial justices and latices of the peace in this State, in mattera tvil and criminal, within the limits of said own; tbat the intendant shall, as often as oc? asi?n may require, summon the wardens to leet him in council, a majority of whom shall onat j tute a quorum for the transaction of busi ess, and shall bs known as the town council of lioety-Six; and they and their successors in rhee shall have a common seal, and shall have ower and authority to appoint, from time to ?me, sueh and se many proper persons to act B marshals and constables, as they shall eem expedient and proper, wo ic h officer shall ave all tbe powers, privileges and emolu ?ents, and be subject to all the duties, penal ?68 and regulations, by the laws of this State, ir the office of constable; and the intendant nd wardens, in counoil, shall have power and uthority, under then-corporate seal, to ordain nd establish all such.rulos and by-laws, and rdlnancea, respecting .the streets, ways, pnb o wells, springs of water, markets and police f said town, and for preserving health, peace, rder and good government within the same, B they may deem expedient and proper; and he said council may affix Anea for offeiceB gainst such by-laws and ordinances, and ap i propnaie HIP -- ?w ?uv um ?#. ?.w w.^^ Hon; bat no floe shall exceed fifty dollars. All fine? Bay* be collected by an notion for debt before a proper tri bena I. Baa 5. That the said conned snail- hive power to abate or remove nuisances, witina! the limita of said town, nod, also, to classify and arrange the'Inhabitants liable topubBo duty, and require them to perform such duty as occasion may require, and en force th? per? formance of the same, nnder the same penal? ties as are now,or hereafter may be, esta? blished by law: Provided, always, neveitho? les a, That the said tow council eb ail haveJ power to compound with- ibo persons liable to ; perform such duty, nnder snob terms ss they shall, by ordinance, establish. ! 8*0.6. That it shall be the da ty of ihe in? tendant and wardens to keep all streets and ways in the limits of said town open and in good order, and, for that pur poss, they - are hereby invested with all the powers and privi? leges granted by law to the commissioners of roads within the limits of said town. ' And for neglect of duty, they shall be liable to tba same pains and penalties imposed by la w upon 5 commissioners of roads, for like neglect; and -. they are hereby individually exempt from the . performance of road and police duty; and the inhabitants of said town are hereby exempt from road duty without the limits of said ocr-1 pondon. Sic. 7. That the said intendant and wardens ! shall have power to compound with snch per? sons, liable to work en the said streets and J ways, and to release snob, persons as may de? sire it, upon the payment of snob sum of money as they may deem a fair equivalent . therefor, to be applied by them to the use of ; the corporation. ' 8sc. 8. That the said town council of Nine ty?ix B h all also * be empowered to ret ?in, pos? sess and enjoy all such property aa they may be possessed of or entitled to, or which shall j hereafter be gives, bequeathed to, or by any manner acquired, by them; and to sell, alien, or in any way transfer the same, or a ay part thereof: Provided, The amount ol property so held, or stock invested, shall hi no case ex? ceed the sum of twenty thousand dotier*. Ssa 9. That tbe said town connell snail have power to impose au annual tax upon all real and personal property within tbs limits of said town: Provided, Bald tax does not exceed tbe snm of fifteen cents on the oho ? hundred dollars. *" Ssa. 10. That the intendant and wardens of the town of Ninety-Six shall have power to regulate sales st aaetion within the limits of. said town, and grant licenses to auctioneers: Provided, That nothing herein contained ahall extend to sales by or for sheriffs, clerks: of coarte, jadge of probate,.coroners, eiecutors administrators, assignees, or by any other person, nnder the order of any court or magis? trate. Sic. IL That the intendant and wardens shall have power and authority to require all persons owning a lot or lots in the said town' of Ninety-Six to keep lu repair the sidewalks ?j adjacent to their lots respectively, and for der fault in this matter, shall have power and authority to impose afine not exceeding fif- . teen dollars. . - Sic. 12. That the authority to re fuss or grant . licenses to keep a tavern or retail intoxicating , drinks, be; and the same ls hereby, vested in the town council of Ninety-Six; and that they b9 also invested with all the necessary power, by ordinance or ordinances, to suppress or regulate the sale of intoxicating drinks, to bo drank at the place where sold, or hi or upon any of its appartenances, or in or upon any ' of its highways, streets, lanes, alleys, com? mons, kitchens, stores, shops, pubho build? ings, stalls or outhouses of the said town, or - within half a mils ot tbs Greenville and Co? lumbia Railroad Depot; in said town: Pro? vided, No rule or regulation shall be mads In? consistent with the constitution and laws of the State. 8EC 13. That this act shall be deemed a public act in all courts of justice, and shall co?tinue of force until amended or repealed. . Approved March 13, 1871 . , AH ACT to provide for the Establishment of a School tn the State Penitentiary. SECTION 1. Be it enacted by the Senate and House of Representatives of the 8tate of Sonth Carolina, now met and sitting in Gen? eral Assembly, and by the authority of tho same: 'That on the passage of this act it shall be the duty of the superintendent pf the peniten? tiary to organize a school hi the said institu? tion for the benefit of such convicts confined therein as may reasonably be expected to de? rive advantages therefrom. He shall employ teachers at such compensation as the directors of the penitentiary shall deem proper; and said - teachers may be removed when found in? efficient, incompetent or inattentive to their duties, or for any other cause unsuitable for the trust. SEC. 2. The school shall be in operation every working day of tba week, at such time between the hours of 6 and 8 A M., and be- : tween 4 and 8 P. M., as shall not interfere ma | tonal ly with the general work or labor, nor' with the men! hours established or hereafter to be established st the institution : Provided, Thai the" directors and the superintendent of the penitentiary may Increase the said tims, and protract or lengthen the hours of the school, at then* discretion, for such convict? or j scholars as shall manliest particular aptnea* to. derive benefit therefrom. Sxc. 3. That it shall be the duty of the State superintendent of education, on the raj nisi-. lion of the superintendent of the penitentiary,.' approved by the directors, to supply the said ^ school with such text books as may be necoa- ? aary for its use, on such terms and conditions . as may be established for supplying the fros common schools or the State. . SKO. A That all acta or parts of acts inoon? \ sis tent with this act, be and the same ara here? by, repealed. Approved March 13,1872. AN ACT to Benew the Charter of the Hope Steam Fire Eugine Company, of Charles ten. SECTION 1. Be it enacted by tho Senate and - House of Representatives of the State of Booth Carolina, nov met and sitting ia General As? sembly, and by the authority of the same: That the charter of the Hope Fire Engine Company, of Charleston, ls hereby renewed and continued in force until repealed; and the - said company is hereby authorized to adopt \ the name and style of the Hope Steam Fire Engine Company, of Charleston: Provided, That the said H ipe Steam Fire Engine Com? pany, of Charleston, and tba members there? of, shall at all times be subject to the provi? sions of the 13th section of the act passed on the 21st day of December, in the year eighteen hundred and thirty-six, entitled "An act for the better regulation of the Fire Department m the City of Charleston." Approved M^on 9, 1872. . "*