The daily phoenix. (Columbia, S.C.) 1865-1878, December 20, 1865, Image 2
offence, shall bo??able to-n fine net exceeding five hundred dollars, *md to j
suffer imprisonment not "exceeding twelve Mouths. The: seller sh%,ll be
hable to a fine of at least-five dollars, and atleast equal to twice theValue
of the product sold, andi if that be not immediately paid, shall-suffer
corpoi-al punishment.
SEC. XI. It shall bc a misdemeanor, for any person not authorized, to
write or give to a person of color a writing which professes to show evi?
dence of the right, of that person of color to sell any produot of a farm,
which, hf the section last preceding, he is forbidden to s?dl without writ?
ten evidence ; and any person convicted of this misdemeanor shall be
liable to the same extent as the purchaser, in the section last preceding, is
made hable ; and it shall be a misdemeanor for a person of color to
exhibit, as evidence of his right to sell any product, a writiug which he
knows to be false or counterfeited, or to have been written or given by
any person not authorized ; and, on conviction of this misdemeanor before
a District Court or a Magistrate, such person of color shall bc liable, as
in section last preceding, the seller is made liable. These provisions shall
mutatis mutandis extend to cases where the writiug professes to be a permit
of absence, or permit of any other kind. The fines in any of these cases
being at the discretion of the Judge or Magistrate.
SEC. XII. Where no special punishment is provided for a misdemeanor,
it shall, according to its nature and degree, be punished at the discretion
of the Court, by one or more of the modes of punishment which, in the
fourth section of this Act, have been enumerated for a felony with benefit
of clergy, except transportation.
SEC. XIII. Persons of color const itute no part of the Militia of the State,
and no one of them shah, without permission in writing from thc District
Judge or Magistrate, be allowed to keep a fire-arm, sword or other military j
weapon ; except that one of them, who is the owner of a farm, may keep
a shot-gun or rifle, such as is ordinarily used in hunting, but not a pistol,
musket or other fire-arm or weapon appropriate for purposes of war.
The District Judge or a Magistrate may give an order, under which any
weapon unlawfully kept ma}^ be seized and sold, the proceeds of sale to
go into the District Court Fund. The possession of a weapon in viola?
tion of this Act shall be a misdemeanor, which shall bo tried before a
District Court or a Magistrate, and in case of conviction, shall be pun?
ished by a fine equal to twice the value of thc weapon su unlawfully kept,
and if that be not immediately paid, by corporal punishment.
SEC. XIV. It shall not be lawful for a person of color to be the owner,
in whole or in part, of any distillery where spirituous liquors of auy kind
are sold by retail ; nor for a person of color to be engaged in distilling any
spirituous liquors, or in retailing the samo in a shop or elsewhere. A per?
son of color who shall do anything contrary to the prohibitions herein
contained, Shall be guilty of a misdemeanor, and, upon conviction, may
be punished by fine or corporal punishment and hard labor, as to the
District Judge or Magistrate before whom he may be tried, shall seem
meet.
SEC. XV. If any person shall falsely personate any master or employer,
and shall, either personally or in writing, give any false, forged or coun?
terfeited character to any person offering himself to be hired as a servant,
such person so offending shall be guilty of a misdemeanor.
SEC. XVI. If any person shall knowingly and wilfully pretend, or falsely
assert in writing, that any servant hus been hired or retained for any
period of time whatsoever, or in any station or capacity whatever, other
than that for which, or in which, such servant shall have been hired or
retained, such person so offending shall be guilty of a misdemeanor.
SEC. XVII. If any person shall knowingly and wilfully pretend, or
falsely assert in writing, that any servant was discharged, or left his ser?
vice, at any other time than that at which he was discharged or actually
left such service, or that any such servant had not been hired or employed
in any person's service, contrary to truth, then, in either of these cases,
such person shall be guilty of a misdemeanor.
SET;. XVIII. ' f any person shall offer himself as a servant, asserting or
pretending that he hath served in any service in which he shall not actually
have served, or with a false, forged or counterfeit certificate of his charac?
ter, or shall, in anywise, add to, or alter, efface or erase any date, matter
or thing contained in, or referred to, in any certificate given to him by
his last or former actual master or employer, or by any other person duly
authorized by such master or employer to give the same, then, in either of
these cases, such person so offending shall be guilty of a misdemeanor.
SEC. XIX. If any person, having before been in service, shall, when
offering to hire himself as a servant in any service whatsoever, falsely and
wilfully pretend not to have been hired or retained in any previous service
as a servant, such persou so offending shall be guilty of a misdemeanor.
SEC. XX. In case of conviction of either of the misdemeanors specified
in the five sections last preceding, the punishment shall be a fine not
exceeding one hundred dollars ; and in case the fine shall not be imme
dietely paid, there shall be substitution of other punishments, as herein?
after provided.
SEC. XXI. Every wilful tresspass is hereby declared to h? a misde?
meanor, and ?ny person guilty thereof may be either sued for damages,
or prosecuted for the misdemeanor, at the option of the party injured ;^
and, in case of conviction of the misdemeanor, the punishment shall be'
a fine apportioned to the damage done, and the circumstances of enormity
attending the trespass, with substitution of other punishment, as herein?
after provided, if the fine be not immediately paid.
SKC. XXII. No person of color shall migrate into and reside in this
State, unless within twenty days after his arrival within the same, he shall
enter into a bond with two freeholders as sureties, to be approved by the
Judge of the District Court or a Magistrate, in a penalty of one thousand
dollars, conditioned for his good behavior, and for his support, if he
should become unable to support himself. And in case any such person
shall fail to execute the bond as aforesaid, the District Judge or any
Magistrate is hereby authorized and required, upon complaint and due
proof thereof, to issue his warrant commanding such person of color to
leave the State within ten days thereafter. And if any such person, so
ordered to leave the State, shall not leave the State within the time pre?
scribed in such warrant, he .shall, ripon conviction thereof, be liable to
such corporal punishment as the Court in its discretion shall think fit to
order. And if any such person so convicted and punished, shall still
remain within the State more than fifteen days after the punishment shall
have been inflicted, or having left the State, shall return to the same, he
shall, upon conviction thereof, be transported beyond the limits of this
State for life, or be kept to hard labor, with occasional solitary confine
-jaient, for a period not exceeding five years. And if any person of color,
who shall have been convicted of any infamous offence in any other State
or country, shall come or be brought into this State, such person of color,
on conviction thereof, shall be transported beyond the limits of this State
for life, or be kept t<> han! labor, with occasional solitary confinement, for
any period not exceeding fifteen years.
PROVISIONS EXTENDING TO A LL CLASSES OF OFFENCES AND ALT, COURTS_
SOME PROVISIONS UNDER OTHZR EIBADS EXTENDING TO ALL COURTS.
SEC. XXI! r. On the tri*1 of ?my person for felony, when tho crime
charged shall include - , is ..nil against the person, it shall be lawful for
the Jury to acquit of ll ? ielony, and to find against the person indicted a
verdict of guilty of . lit, ii the evidence shall warrant such finding ;
and win n such verdie 1 nail bc found, tho Court shall have the power by
sentence, to impose upon the person so found guilty, punishment by fine,
imprisonment, h ird labor, corporal punishment, and solitary confinement
one or more, as may, in thu opinion of the Judge, be required bj th?
degree of the offence. In like manner there may bc conviction of any less
offence contained in a gre.;ter winch is charged, and punishment at the
discretion of the Court, according to the nature of the offence of which the
accused has been found guilty.
SEC. XXIV. When several persons of colorare convicted of one capital
offence, the Jury which tries them may recommend one or more to mercy,
? ? I ii in I -
for reasons which in their opinion mitigate.the guilt; the';District Judge
shall report the case-with his opinion, and the Governor wall do in tfc?e
matter as seems to him meet. The same may be done -when one only " is
convicted of a capital offence* ; before sentence of death shall be executed
in any case, time for .application to the Governor shall be allowed.
XXV. Hard labor shall be work on the roads, streets, or public works,
under the supervision of a superintendent of convicts, if there be such an
officer, who can be conveniently employed, or under the supervision of
tho Sheriff ; a Constable, Jailor, or other person that may be appointed
by the District Judge, or by the Sheriff, or it shall be work on any build?
ing, or other undertaking, or in any business of a private individual, who
will pay reasonable wages, and can be safely entrusted with tho supervi?
sion ; the Judge or the Sheriff, under, the directions of the District Jndge,
making choice of the place and mauner of employment from time to time.
In any ease the work may, according to tho directions of the Judge, be
without unusual pain or restraint, or it may be done in a chain gang, or
with ball and chain, or under other pain or burden ; and it may be with?
out, or may be attended with confinement. A Magistrate shall as to cases
before him, have the power which is here given to the District Jud^e.
SEC. XXVI. Corporal punishment is intended to include only such
modes ?if punishment, not affecting life or limb, as are used in the army
and navy of the United States, adapated in kind and degree to the nature
of the offence. The sentence in each case and directions of the Judge
or Magistrate, shall doline it. Whipping, when it is provided for by the
law, shall be inflicted as heretofore.
SEC. XX Vii. Whenever, under any law, sentence imposing ii fine is
passed, if the fine and costs be not immediately paid, there shall be deten?
tion of the convict, and substitution of other punishment. -If the offence
should not involve the crime? falsi, and be infamous, the substitution shall
be, in the ease of a white person, imprisonment for a time proportioned to
the fine, at the rate of ouo day for each dollar, and in the ease of person
of color, enforced labor without unnecessary pain or restraint, for a time
proportioned to the fine, at the rate of one day for each dollar. But if
the offence should bc infamous, there shall be substituted for a fine, for
imprisonment, or for both, bard labor, corporal punishment, solitary con?
finement and confinement in tread-mill or stocks, one or more, at"the dis
I cretion of the Judge of thc? Superior Court, the District Judge or the
i Magistrate, who pronounces the sentence. In this act, and in respect to
j all crimes and misdemeanors, the term servant shall be understood to
! embrace an apprentice as well as a servant under contract.
SUFEItTNTENDENT OF CONVICTS.
SEC. XXVI?I. The District Judge, when he may think it necessary,
shall have power to appoint a Superintendent of Convicts, whose duty it
shall be to superintend as many as he can of convicts sentenced to hard
labor, to inflict corporal punishments directed upon all convicts within
j his reach, and to execute the orders of the Judge, Shorilf or Magistrate,
I in relation to these matters. The Superintendent shill, at his pleasure,
; have access to apartments in the jail for necessary confinement of convicts,
j and may, by all necessary means, enforce his authority over the convicts
! under his supervision, punish their disobedience, and overcome resistance,
; or attempted rescue offered by them, or any other person. When he shall
j deem it necessary, he may call upon the posse comilezius, with the same
j effect and under like penalties to those who disobey it, as the "Sheriff
j might do. The Superintendent shall receive a suitable compensation, to
i be fixed by the District Judge, and paid from the District ('oort Fund,
j All wages received from the labor of convicts shall go into that fund, and
j from that shall be provided food and other necessaries for thc convicts.
ARREST OE OFFENDERS.
Ssc. XXIX. Upon view of a misdemeanor committed by a person of
color, or by a white person toward a person of color, a Magistrate may
arrest the offender, and, according to the nature of the ease, punish the
offender summarily, or bind him in recognizance, with sufficient sureties,
! to appear at the next monthly sitting of the District Court, or commit, bim
j for trial before the District Court.
SEC. XXX. Upon view of a misdemeanor committed by a per; m of
color, any person present may arrest the offender and take him beiore a
I Magistrate, to be dealt with as the case may require. In ease of a misde
' meaner committed by a white person toward a person of color, any person
I may complain to a Magistrate, who shall cause the offender to be arrested,
and, according to the nature of the case, to be brought before himself, or
be takeu for trial in the District Court.
SEC. XXXI. Upon view of a felony committed, or upon certain infor?
mation that a felony has been committed, any person may arrest the felon
and take him directly to the District Judge or a Magistrate, to be dealt
with according to law.
SEC. XXXli. In the night time any person may be arrested by such
efficient means as the darkness and tho probability of his escape Vender
necessary, even it his Ufe should be thereby taken, in cases where he has
j committed a felony, or has entered a dwelling-house with evil intent, or
has broken, or is breaking into an out-house, Avith a view to plunder, or
has in his possession stolen property, or being under circumstances which
,, raise just suspicion of his design to steal or to commit some felony, iieos
when he is hailed.
In the Senate House, the twentieth day of December, in the
year of our Lord one thousand eight hundred and sixty-five.
W. D. PORTER,
President of the Senate.
C. H. SIMONTON,
Speaker of the House of Representatives.
AN ACT TO ESTABTJTSH DISTKICT COCBTS.
Be it enacted by the Senate and House of Ke]>resenlatires, nvie met and
sitting in General Assembly, and by the authority of the same, as follows :
I. In each Judicial District of the State, except Charleston, there
shall be established a District Court, which shall be organized by the
Judge thereof as soon as possible after his election; except in the Judicial
j District of Charleston, there shall be established two District Courts, one
for the Jilectioii Jjistrict of Charleston', and one for the Election District
of Berkeley.
II. The Judge of each District Court shall receive, from the Treasurer
of the State, a salary of five hundred dollars a year, payable quarterly ;
and he shall be entitled, for a further compensotion, to receive, annually,
from the District Court Fund, as hereafter prescribed, an additional
sum as follows : For Abbeville District, seven hundred dollars ; Barn?
well District, seven hundred dollars ; Colleton District, one thousand
dollars ; Chester District, five hundred dollars ; Darlington District, five
j hundred dollars ; Edgefield District, eight hundred dollars ; Fairfield
: District, live hundred dollars ; Georgetown District, one thousand dol
! lars ; Laurens District, five hundred dollars ; Newberry District, live
! hundred dollars ; Orangeburg District, five hundred dollars ; Richland
! District, one thousand dollars ; Sumter District, seven hundred dollars ;
! Union District, five hundred dollars ; York District, live hundred dol?
lars ; Williamsburg District, five hundred dollars; Berkeley Elec
. tion District, one thousand dollars ; Charleston Election Dis?
trict, one thousand dollars; Beaufort District, one thousand dol?
lars; Kershaw District, live hundred dollars; and for the District
! Judge of eaeli of the other .Judicial Districts of this State, the sum of live
hundred dollars : Provided, however, That in case the District Court
; Fund in any District shall prove insufficient for the purpose lor such
\ additional compensation, as is herein provided, no claim for the whole,
I or any part, of such additional compensation upon the Treasury of the
j State shall arise by reason of such deficiency : And provided, also*, That
the time when the salaries herein provided for shall commence, shall be
when the Court is organized, and the Judge empowered to execute this
Act.
11 [. For each District Court, thc Clerk and Sheri?V of the District shall
Engina? etcVfor Sale.
SA FIYE-Ht .CSE ENGINE, in running
XX. order, twirl] pnlh-va, etc.. for salo low.
Apply r.t this office. J Dec 12
KEROSENE LAMPS, &C "".
OPENED THIS DAY. a new und beauti?
ful assortment of KEROSENE LAMPS,
for Stores, Parlors, Halls and Chambers.
ALSO,
KEROSENE OIL, WICKS, CH7MNIES,
SHADES, Ac. W. B. STAN'.EY.
Dec 2 Corn?r Pla? and Ga;* sta.
Commissioner s Sal?.
IN EQUITY -YORK DISTRICT.
Robert Boll and wife and others va. Wm.
Ardroy.- Bdl for Partit ian.
IN obedience to the decree of the Court
of Equity made in this case, I will sell,
at York Court House, on the FIRST MON?
DAY in January next, a TRACT of LAND,
situate in York District, on Sugar ("reek,
bounded by lands of J. T. Withers, Eliza
Stewart and D. G. Beiniot, and containing
four hundred aeres, more or less. This is
a most desirable and highly productive
plantation.
THUMS or SALK. -A sufficiency of cash *o
pay the cos? s ol' these proceedings; tho
balance i>f the- purchase money on a credit
of one and two years, in equal instalments,
with interest from the day of sale, and
secured hy the hood of the purchaser, with
?rood sureties and a inertgagc of the pro
? mises. W. B. MUTTS, C. E. Y. D.
_Dec_9_
SOTfraSBBf KOTT-tT-al,
LIFE INSURANCE COMPANY.
[ESTABLISHED 1849.]
CAPITAL.$242,000
HOM. YT. F. DESAUSSURE.President.
Dr. JOHN FISHER .. .Treasurer.
F. W. MCMASTER.Actuary.
f|""!IlS Company has paid forlosses to tho
I widows ?nd orphans of theSouthnear
S400,00#. Its rates ari- low and profits
regularly returned to the insurers. For
further information and policies of insur
ance, apply to the Actuary, No. ? Law
Range, Columbia, S. C. Dec 'J Imo*
Just Received from Kew York
AND FOP. SAL;: AT
L- ?, ? L A B & ?? S,
WASHING TON STUFET,
i LARGE and fashionable assortment of
?X. ORNAMENTS and TRIMMINGS for
Ladies' Dresses and Cloaks, consisting of
Bugles, Butterflies, Drops. Fancy Cords
and Buttons, of every description and size;
Breakfast shawls, t'entrai Bark Hoods, In?
fant's Socks, Ladies' Fancy Neck-Ties,
Ladies'Fancy Neck-Ties, with fringe, Drews
Elevators, Belt Buckles anil Clasps, Silk
and Leather Belts, Belting Ribbons of all
colors and widths. Velvet Ribbon of all
widths. Ladies' Scarfs, Collars and Cuffs,
Traveling Bags, Ladies1 Embroidered
Handkerchiefs, Ladies' L. C. Handker?
chiefs, ('.cut's L. C. Handkerchiefs, Gent's
silk Handkerchiefs, Ladies' Gloves and
Gauntlets, Gent's Buck Gloves, skirt Braid
of all colors, Coat Bindings, Balmoral
Skirts, a large assortment of Koop skirts,
Ladies', Gent's, Youth's and Misses' Under
Vests, Ladies' Flannel Skirts, Ladies'
large Double Shawls; a fine assortment of
Perfumeries, Brown Windsor Soap, Tooth
Soap, Toilet Powder, Boxes and Puffs, Hair
Brushes and Combs, Nail Brushes; a tine
assortment of Dress Couds, at greatly
reduced prices-De Laines, Black and Col'd
Alpacas,' Morinoes, Calicoes, Ac; Klack
( loth and C'assimeros, Fancy Cassimo res,
Blankets, Umbrellas, Blue Shirtings, Pa?
per Cambric, Linen, Black and Colo red
Dress Silks. Marceline Silk, Ac. Dec 6
FUBMAW UNIVERSITY,
Greenville, S. C.
THE EXERCISES of this Institution
will be resumed on tho 15th of Feb?
ruary next.
For Circular giving further information,
application may he made to
PROF. JNO. F. LANNEAU,
Oct 2S ?7 Secretary of Facultv.
Charleston Courier, Augusta Chronicle A
Sentinel, Edgcficld Advertiser, Newberry
Herald, and Yorkvillo Enquirer, please
copy until the 15th of January, and forward
billa to tb? B#cr?tiry of Facultv, Groeuvillo.
SPECK & POLOCKt
General Commission Merchants
DKAI.KKS IN
GROCERIES, DRY GOODS, &C.
Plain street, 2d do<>r from Assembly,
Sept 7 __ COLUMBIAJi. C._
T.W. Radcliffe,
< AT THE
(Formerly cd (he Cornera/ Bicliardson and
Plain streets; mor atme i 'unter of Pen?
dleton ami Assembly streets-his dwelling,)
OFFERS every article in his line, viz:
WATCHES, JEWELRY, GUNS, PIS?
TOLS, POWDER, SHOT. CAPS, CAR?
TRIDGES for Smith's and Wesson's Pis?
tols; KNIVES, FORKS, SPOONS;Spectacles
to snit all ages; Gold Pens the best
assortment ever brought to this place;
Fishing Tackle, new and fresh selected by
myself; Hair and Tooth Brushes, Combs,
Walking Canes and everything usually
kept in our line of business.
1 will also receive from abroadevorv arti?
cle .d' MERCHANDIZE that may b? con?
signed to me, for which 1 ?iii make monthly
or qnartorly returns-soliciting a share of
patronage.
Waldies and Clocks carefully repaired by
experienced workmen. Jewelry repaired,
[lings made to ordi r. Engraving neatly
executed.
Tho highest rates paid for old Gold and
Silver, and all of the above goods named
will bu s>i d'l at thd lowest prices. Nov 5