The daily phoenix. (Columbia, S.C.) 1865-1878, December 20, 1865, Image 6
XX. Tho District Court shall have exclusive jurisdiction, subject to
appeal of all matters of equity, wherein one or both of the parties are
persons ot -cidor. T*w*e matter? shaii be heard and determined. by-the
District Judge at. a quarterly sitting, or at such other time as with his
concurrence the parties may fix, with an appeal fronx the Chancellor on
Circuit. In respect to them, the Commissioner in Equity for the District
shall regard the Judge of the District Court as he docs a Chancellor, in
respect to matters in the Superior Court of Equity ; and iu both of these
Courts, the law, practice, fees, Diodes of proceeding, and effect of orders
and process shall be, as nearly as. may be, tho same.
XXL The Judge of a District (Jourt maj practice as au Attorney or
Solicitor in the Superior Courts of Law and Equity, except in cases which
liave been argued before him or heard in his Court, but he shall not have
a partner in the practice in the District of which he is the Judge.
XXII. The Clerk of a District Court shall attend the monthly and
quarterly sittings of the Court, and all other sittings at which the Judge
shall require him to attend. He shall keep a full and exact journal of
every order, decision, verdict, sentence and act of the Court ; having one
book for civil suits, in which only white persons are parties ; second, a
book for vagrancy and bastardy ; third, a book for civil suits, in which
persons of color are parties ; and a fourth, for criminal matters, affecting
persons of color. All process from the Court shall be signed by him and
be sealed. All papers which come into his office shall be carefully kept,
and those which are to remain there shall be arranged, labelled and hied
away, as nearly as may be, according to the directions given by law, con?
cerning papers of the Superior Courts.
XXIII. The Judge shall himself keep a journal of all orders, decisions,
sentences and acts of the Court, when in absence of the Clerk, he is sit?
ting without a Jury, which journal shall, from time to time, at least once
a quarter, be filed iu the Clerk's office. He may, when necessary, appoint
a^ Clerk pro tem.
" XXIV. The Sheriff shall execute all orders, sentences and process from
the District Court ; under like penalties for neglect, as for neglect of like
orders, sentences and process from a Superior Court ; and in like manner
he shall, for such neglect, be Hable to rule, attachment, action and for?
feiture. The Sheriff shall have power to call on the posse comitalus, to aid
him in the execution of all such orders, sentences and process, mesne or
final, in civil or criminal matters, where more force than that of one man
is required, or resistance is apprehended. Every person who being called
to aid as one of the posse, does not immediately and earnestly give aid
according to the direction of the Sheriff, shall be subject to rule and
attachment for contempt, and to a fine not less than twenty dollars, nor
more than five hundred dollars.
XXV. The return day of the District Court, for mesne process in civil
snits, triable at the quarterly sittings, shall be eight days before each
quarterly sitting. In the Superior Court and District Court, the law and
practice shall be the same as to the liens of judgements aud decrees, as to
the manner of serving process, process served after return day, several
defendants residing in different Districts, writs ot?eri facias and capias ad
faciendum, exemptions from arrest, bail bonus, orders for suspending
executions, writs of attachment, and al! other matters wherein diversity is
not produced by act of the Legislature, or rules made hythe Judges as
hereinafter provided.
XXVI. All fees for services required from the Clerk and Sherill' of the
District Court shall be paid in cash by the party requiring the services,
and according to the judgment and order of the Court, may or may not be
recovered against the opposite party. This provision shall extend to all
cases, by summary process, in the Superior Courts of Law.
XXVII. Tho Sheriff shall keep the papers w hich come to his office from
a District Court separate from those which come from a Superior Court.
He shall in one book enter all mesne process from the District Court, and
in another, all final process from that Court taking care, however, to pre?
serve tho priority of lions by attachment or execution, whatever Court the
process may come from.
XXVlid. All fines, penalties, forfeitures and other moneys belonging to
the District Court Fund, which the Sherill' may collect under orders, sen?
tences or process of the District Court, and all such moneys as may bc
turned over to him by any other officer, the Sheriff shall hold under the
security of his officiai bond, until they shall be paid under the order or
draft of the District Judge. Aids paid for licenses, and such aids for
approval of contracts and instruments of apprenticeship, and such fees
for reports upon appeals from the District Judge, as the Judge may
direct the Clerk to receive, and the Clerk may receive, and all othei
moneys belonging to thc District Court Fund, whether collected first by
the Clerk or turned over to him by some other officer who had collected
them, which may come to the hands of the Clerk, the Clerk shall hold,
under the security of his official bond, until they shall be paid under thc
order or draft of the District Judge. Each Magistrate shall, at least once
in every three months, report and pay to the Chairman of the Board ol
Relief of Indigent Persons of Color, the moneys received by him fron:
aids, taxes, fines and penalties, and all other moneys belonging to thc
District Court Fund, which have come to his hands. On the first day o)
each quarterly sitting of the District Court, the Sheriff, the Clerk, eacl
Magistrate of the District, the Chairman of the Board aforesaid, the
Superintendents of Convicts, and every person (besides a Constable, wh<
must make returns to a Magistrate,) who may have had charge of convict!
or Received wages or other moneys which belong to the District Cour
Ff^d, shall each make to the Court a full and minuto report of hi
receipts, disbursements and payments, showing the items on each sido o
the account, and the exact balance in his hands, accompanied by an esti
mate of the probable receipts and requirements in his department for tin
next quarter. The report of the Chairman aforesaid, shall specially se
forth all known delinque*enos of Magistrates in reporting, paying or dis
charing other duty with the names of the delinquents. Tho Distric
Judge shall examine all of these reports carefully, and take the'mos
prompt and energetic means to prevent and correct all defalcations an<
omissions. Haring ascertained tho amount of the District Fund which i
on hand, including what he himself may have, he shall, by orders enteret
on the Journal of his Court, direct payments to bo made by the officer
respectively, in such sums as ho may designate, to the following purposes
namely: 1. Thc annual additional compensation of the Judge, of whicl
one-fourth shall bo taken each quarter. 2. Jurors certiiieates. 3. Ex
penses of tho Court, including fees payable out of the TW-.ict Coui
Fund. 4. Pay of Superintendent and other expenses of contracts
5. Balance to be paid to the Chairman of the Board of Relief of Indigen
Persons of Color, for the uses of that Board. For their services i
respect to tho collection and disbursement of the District Court Furn"
the several officers shall, in thc settlement of their accounts, be allowe
commissions as follows : The Sheriff and Magistrate shall each have fiv
per centum upon all sums collected by him, to be in addition to commi:
sions, which, with other fees, a Sheriff or Constable, may exact fro!
persons against whom he executes process; and tho Sheriff and Magistral
shall each, be further allowed two-and-a-half per centum upon tho propc
disbursement made by him. The Clerk, Superintendent of Convict:
Jailor and other persons who may have had supervision of convicts, t
received .wages belonging to the District Court Fund, shall each have tw<
and-a-half per centum upon all sums collected by him, and two-and-a-ha
per centum upon all sums disbursed by him. In no case shall sums co
looted bo understood to include: sums received from some other of tl
officers who arc required to make reports as hereinbefore required, ni
disbursements to include sums turned over to another of thoso officer
It shall bo the duty of tho District Judge to guard the fund against dup]
cated commissions, as well as against other improper charges. Tl
Chairman of the Board of Relief of Indigent Persons of Color shall 1
allowed commisssions upon his own collections and disbursement
another Magistrate is, and in addition shall, for each semi-annual repc
to his Board, and each quarterly report to the Court, he allowed, out of
the District Court Fund, a sum not less than five dollars, nor more than
twenty dollars, which thc District Judge shall fix according to the quan?
tity of business done by him, and the manner in which it was done. Thc
Clerk shall, under the supervision of tho Judge of the District Court,
annually, at some early day, between the quarterly sitting of thc Court,
which next precedes the regular session of the General Assembly, and
that regi?ar session prepare and transmit to the Treasurer a report from
his District Court, issued by the Clerk and certified by thc Judge. This
report shall contain a condensed statement compiled from tho reports
which are mad' to the Court, and from the Journals of thc Court, show?
ing, for thc year proceeding the whole sum which went into the District
Court Fund, how much from each source the commissions for collection,
thc whele disbursements, and how much for each general purpose, the
commission upon disbursements, other expenses, the balance on hand,
and the liabilities unpaid. The Treasurer shall aggregate the reports of
the Clerics so as to show results for the whole State, and shall hiv before
the General Assembly a tabular statement of these aggregates, together
with the reports of the Clerk, noting particularly any District Court from
which reports had not been received.
XXIX. Au indictment against a white person for the homicide of a
person of color shall be tried iu the Superior Court of Law, and so shall
all other indictments iu which a white person is accused of a capitel
felouy, affecting thc person or property of a person of col J :.
XXX. In every case, civil and criminal, in which a per < n of color is a
party, or which affects the person or property of a person of color, per?
sons of color shall be competent witnesses. The accused, iu such a cri?
minal case, and tho parties, in every such civil case, may he witnesses, and
so may every other person who is a competent wituess ; and in every such
case, either party may offer testimony as to his owu character, or that of
his adversary, or of tho prosecutor, or of the third person mentioned iu
an indictment.
XXXI. A Magistrate shall huvo jurisdiction over small disputes, con?
troversies and complaints that may arise iu his neighborhood between
persons of color, or between persons of color and a white person, and of
petty misdemeanors committed by or toward a person of color, between
master and servant, between master and apprentice, and between employer
and laborer, and civil suits, involving*hot moro than twenty dollars, iu
which a person of color is a party-his power in no case going beyond a
judgment, fine or foi-feiture of twenty dollars. He shall be specially
charged with tho supervision of pcrsous of color in his neighborhood,
their protection, thc prevention of their misconduct and depredations
and a cautious regard to thc peace, health and safety of his neighborhood.
XXXII. Persons of color shall be liable to suits commenced by attach?
ments, foreign and domestic, as white persons are in like cases. Besides
this, there may be, in thc case of a person of color, a proceeding to bo
called a special attachment of the following nature, namely : By any tax,
a person of color is made liable for a sum 'certain, tax collector, or other
person who has a right to collect the sum certain, and who desires to
obtain from a garnishee what is supposed to be in his hands belonging to
such person of color, may sue out a short summons against the garnishee,
in or upon which the sum certain before mentioned, with costs, and thc
amount or property claimed to be in the hands of the garnishee, shall be
set down, which sommons a Magistrate may issue, if tho amount of
money or value of property claimed from the garnishee is twenty dollars
or nuder, and the District Court must issue, if it is above that sum. Tho
summons having boen issued, the garnishee, if ho acknowledge his in?
debtedness to thc person of color before mentioned, or his possession of
property belonging to him, may pay to the plaintiff in attachment, if his
debt t o the person of color be due, or give his note to such plaintiff, if
such debt be payable at a future day, and may surrender to such plaintiff
any chose in action or other property of the person of color in his pos?
session, so as to discharge the amount claimed from him, or so much
thereof as will satisfy the tax and costs, and thc receipt of the plaintiff' in
attachment shall bc an acquittance of the garnishee pro tante against the
Person of color. If the garnishee should not acknowledge, pay, give,
note and surrender as above, to the satisfaction of the plaintiff in attach?
ment, the garnishee shall, in obedience to the summons, make the return,
on oath, to the Magistrate, or District Court, as the case may bc, of what,
if anything, he owes to the person of color, either presently -due or pay?
able in future, or has in possession belonging to him. If the plaintiff
should be then satisfied, the garnishee shall pay, give, note and sur?
render as before mentioned; but if the plaintiff should be still dissatisfied,
he and the garnishee, w' th other witnesses, (of whom the person of color
may he one on either si' >\) shall be heard, and orders respecting the mat?
ter between them be m.-de by tho Magistrate, or District Court, accord?
ing to the truth ns it may appear. If the garnishee should fail to make a
return, or meet the trial, judgment shall be rendered against him for tho
amount or value claimed from him in the summons. Any property sur?
rendered by a garnishee before or after trial, shall be sold under the
order of the Magistrate or Court, and the proceeds applied to the payment
of the tax and costs, and the surplus, if any, shall be paid to the person
of color. For goods eloigned or wasted after service of the summons,
the garnishee who had them in his possession shall be made answerable.
Like proceedings may be had upon any second or subsequent attachment ;
priority between various plaintiffs pursuing the samo garnishee being
settled according to the priority of the different dates of different sum?
monses against him.
XXXm. Questions of color and caste shall, subject to the right ol
appeal on either side, be conclusively determined by a verdict rendered
upon an issue of fact joined in a case of prohibition or mandamus. The
writ in such case may be granted, upon application made by or in bchall
of any person alleged to be a person of color, against any Sheriff,
Magistrate or other officer, who is proceeding in a way that would be
proper towal d a person of color and not proper toward a white person, 01
who refuses, at the instance of the person in question, to do what a white
person shall have a right to demand to bo done. It may be granted bj
any Judge of a Superior Court, or by the Judge of the District Court tc
whose district the officer belougs, the burden of proof being, by the ordei
of the Judge, thrown upon that part}' against whom his opinion inclines,
according to the judgment which ho may form, upon inspection of the
person in question, affidavits or documents. Tho issue shall be tried ic
tho Superior Court of Law for the District aforesaid. Inspection of the
person in questiou, and of his kindred, testimony direct, or from reputa?
tion, concerning his parentage, and direct testimony concerning his con?
duct and reception iu society, may enter into the evidence. Tho Attorney
General or Solicitor of tho Circuit shall, ex officio, represent the party,
officer in ?he issue. A judicial proceeding, not such as is here made con?
clusive, previously had, in a caso wherein the person in question was i
party, or wherein his caste was collaterally tried in a case between othei
parties, may be received in evidence, but shall not be conclusivo or huvi
weight beyond what, under the circumstances, the Jury may give.
XXXIV. An action or legal proceeding, not involving the title to land,
in which a person of color is plaintiff or defendant, must bc commenc?e
as below specified, or it will be barred, namely : Au action founded upoi
a tort within three mouths from the time tho cause of action arose ; an actioi
founded upon a contract not iu writing, within six months from the timt
the cause of action arose ; an action founded upon a contract in writing
wherein the debt or damages do not exceed two hundred dollars, withir
twelve months from the time thc cause of action arose ; except that, first
a payment of part, with a distinct acknowledgment of a balance due, oi
au express promise to pay a well defined sum, shall constitute a new en
from which the period of limitation shall run on a matter of contract,
Second, that if any legal proceeding shall be commenced within tin
limited period, in good faith for recovery upon tort or contract, and shal
terminate, without judgment for the plaintiff, its termination shall con
Ml! MD m.
1.000 ?r*
OOO lbs. Sngar-cur?d HAMS. .Tu-i re?
ceived, and the last lot that I shall keon, to
bo closed out at 33 cents per pound hy the
pioec. Consumers had better provide for
tho winier. At POLLARD'S,
On Main street, centre of thc old
Deo 17 _ Brick bange.
BEAL ESTATE FOE, SALE!
XOFFER for salo several valuable tracts
of OAK and HICKORY LANDS, situated
in Pickcns District, ou the line ol' railroad
and around Walhalla. Also, some highly
improved Grain and Cotton LANDS, in
FairJield District, located near tho Colum?
bia and Charlotte Railroad. Together
with several superior PLANTATK >NS, in
Richland District, ono of which is bounded
on one side by tho Charleston and Colum?
bia Railroad. For particulars, applv to
Dec 3 f_W. A. HARRIS, Agent.
Tri-Weekly
LAURENS TO NEWBERRY!
COMMENCING DECEMBER ll, INST.
LEAVE Laurens on Mon
_?.days, Wednesdays and Fri
?;jT*r>'r*3r'** days. Leave Newbewjr on
Tuesdays, Thursdays and Sa
turdavs. Passengers will be carriod through
in ONE DAY, and in DAY-LIGHT.
In consequence of tho irregularity of the
trains on tho Laurens Railroad, and thc
probability of their discontinuance altoge?
ther, I propose to establish a HACK LINE
between this place and Newberry, com?
mencing at or about tho above stated
time and on tho days mentioned.
Passengers will bo furnished with com?
fortable Coaches and every accommodation
BS nally afforded in such travel.
Passengers going down will arrive at
Newberry in time to take tho cars on the
Greenville Railroad for Columbia, thus
meeting with no detention. Passengers
coming up will arrive at Newberry in tho
morning' in time to take thc hack for this
place.
I do not undertake the enterprise so
much for what 1 expect to realize from tho
profits, as to facilitate nie in publishing the
Herald, as we are compelled to have mails;
and, as no one else seemed disposed, 1
have undertaken the project.
For further information, applv at tho
Herald office T. B. CREWS.
Laurens C. H., S. C., Dec. 1, 18G5.
Dec 6 wt
N?TICE. '
\ Lb persons holding claims against tho
J\. estate ot Mrs. H. C. ELMORE, will
present thom properly attested, and all
persons indebted to said estate will make
pavmentto F. H. ELMORE,
A. R. ELMORE,
Dec 6 ecw? Administrators.
Souvii Carolina-Union District.
IN THE COURT OF ORDINARY.
Sarah Hames, Applicant, vs. Stephen Fowler
et al., Defendants.
IT appearing to hiv satisfaction that
Betsy Bently, Elbert Fowler, Julia
Sprouse, Coleman Hames, Presley Hames
and William Hames, defendants in this
case, reside without the limits of this State:
It is, therefore, ordered that they appear
before me, on or before the 12th day of
February, A. D. 1866, and object to "thc
division or sale of the real estate of Polly
White, deceased, or their consent will be
entered of record. C. GAGE, 0. U. D.
Ordinary's Office, Nov. 20, 1805.
Nov 30_wl2
N South Carolina-Union District.
TN THE COURT OF ORDINARY.
Reuben Briant and Sarah, /tis wife, Appli?
cants, vs.- Win. Kirby, B. C. Kirby and
others, Defendants.
IT appearing to my satisfaction that
Samuel Kirby, Miles Kirby, Alexander
Leckce and wife, Jesse Clark and Martha,
his wife, A. T. Briant and Adeline, his wife,
and Joseph Martin and Isabella, his wife,
defendants in this caso, reside without tho
limits of this State:
It is, therefore, ordered that they appear
before me, on or before tho 12th day of
February, A. D. 1860, and object to the
division or salo of the real estate of Polly
White, deceased, or their consent will be
entered of record. C. GAGE, O. U. D.
Ordinary's Office, Nov. 21, 16G5.
Nov 30 wl2
FIRE AND LIFE IXSl HAXC?,
H. E. NICHOLS, Agent,
FOR the following FIRST CLASS COM?
PANIES:
The "Underwriter's Agency." tho "Inter?
national,'' the "Metropolitan," tho "Conti?
nental," the "Security," the "Home," the
.'Columbia," the "Washington," the "Ful?
ton," tho "Croton," all of the city of New
York; tho "Putnam" and tin "New Eng?
land," of Hartford, Conn.; tho "Home,"
of New Haven, Conn.; the "Home"' and
tho "Southern Insurance and Trust Com?
pany," of Savannah. Cia.; t'ne "Albemarle,"
of Virginia, and the "Gulf State,"of Flo?
rida. Also. 0?e "(?lobe Life Insurance
Company," of New York; the "New England
Mutual,!'' of Boston; the "North Carolina
Mutual," of Raleigh, and tho "Accidental,"
of New York, insuring against accidents of
all kinds. Tho whole possessing an aggre?
gate capital of ovor
$25^000,000.
Risks t?d*on on Cotton or Merchandize in
transitn from tmy point to any point on
reasonable termis.
ALL LOSSES PROMPTLY ADJUSTED.
Office at Mr. Hussung's house, corner of
Assembly and Washington streets, Colum?
bia, S. C. Aug 15 4Gm