The daily phoenix. (Columbia, S.C.) 1865-1878, December 28, 1865, Image 6
AN AOT? T? ASTEN nt AND B?NEWT^CHAETR* OF THE CALHOUN INSURANCE
COMP ANT, or CHARLESTON.
I. Be it enacted by the Senate and House of Representatives, noir met .ami
sitting in General Assembly, and, by the authority of the same. That the
Calhoun Insurance Company, of Charleston, are hereby authorized to
divide the capital stock of said Company into sixteen thousand shares, of
twelve dollars and fifty cents each. One-half of the said capital stock
shall be assigned by the Directors of the said Company to the present
owners of the said stock, in proportion to the number of shares held by
each. And the said stockholders shall be credited rateably on the said
shares, with the present actual market value of the assets and property of
the said Company, over and above the liabilities of the said Company ;
and they shah pay, upon each Bhare held by them respectively, at such
tames and in such manner as the said Directors may determine, an amount
sufficient to make up, with the said assets and property, the aggregate
sum of one hundred thousand dollars. The remaining eight thousand
shares of the capital stock shall be disposed of by the said Directors at
public auction, after giving at least two days notice by advertisement in
two daily papers, in the city of Charleston, of- the time and place of the
said sale. And a cash payment of five dollars on each of the said shares
shall be made in the stocks, bonds or Treasury notes of the United States,
or in other good and valuable securities, to be estimated at their market
value by the said Directors, and the balance shall be paid at such times
and in such manner as the said Directors may determine : Provided, That
each of the present stockholders shall be entitled to purchase, at their par
value, as many of the new shares as he shall then own old shares, on cou
xdition that he apply therefor on or Ijefore a day to be fixed by the said
Directors, and shall conform, in all respects, to the terms prescribed for
the purchases made at the stud sale.
EL That one-third of the capital of the said Company shall be paid in,
and satisfactory proof thereof be furnished to the Comptroller-General,
before the said Company shall be authorized to commence business, and
the whole of the said capital shall be paid within one year from that time.
ITT. That so much of the Act to incorporate the Calhoun Insurance
Company, of Charleston, passed on the twenty-first day of December,
one thousand eight hundred and sixty-one, as is not inconsistent with this
Act, be and the same is hereby renewed and made of force, with this Act,
for twenty years.
In tho Senate House, the twenty-first day of December, in the year of
our Lord one thousand eight hundred and sixtv-five.
W. D. PORTER,
President of the Senate.
C. H. SIMONTON,
Speaker of the House of Representatives.
Approved : JAMES L. ORB.
AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO ALTER THE LAW IN
RELATION TO LAST WILLS AND TESTAMENTS, AND TOR OTHER PURPOSES,"
RATIFIED THE TWENTY-FIRST DAY OF DECEMBER, IN THE YEAR OP OCR
LOKD ONE THOUSAND EIGHT HUNDRED AND FIFTY-EIGHT.
L Be it enacted by the Senate and House of Representatives, nov mei and
sitting in General Assembly, and by the authority of Om same, That no sub?
scribing witness to any will, testament or codicil, shall hereafter be held
incompetent to attest or prove the same by reason of any device, legacy,
or bequest therein in favor of such witness, or the husband or wife of
such witness, or by reason of any appointment therein of such witness,
or the husband or wife of such witness, to any office, trust, or duty, and
such device, legacy, or bequest, shall be and the same is hereby declared
valid and effectual, if otherwise so, except so far as the property, estate or
interest so devised or bequeathed shall exceed in value, any property,
estate or interest to which such witness, or the husband or wife of such
witness would be entitled, upon the failure to establish such will, testa?
ment or codicil, but to the extent of such excess, the said device, legacy
or bequest, shall be null and void; and such appointment shall be valid,
if otherwise so ; but the person or persons so appointed shall not, in such
case, be entitled by law to take or receive any commissions, or other
compensation, on account thereof.
LT. That the second section of au Act entitled "An Act to alter the
Law in relation to Last Wills and Testaments, and for other purposes,"
ratified the twenty-first day of December, in the year of our Lord one
thousand eight hundred and fifty-eight, be and the same is hereby
repealed.
ILL That the third section of the said Act be amended so us to read as
follows, viz : That hereafter the probate, in due form of law, by and before
the proper Ordinary, of any Last Will and Testament, whether the same
be of real property exclusively, or of real and personal property mixed,
shall be good, sufficient and effectual in law, in the same manner aud to
the same extent as if the said Last Will and Testament were exclusively of
personal estate; and no devise of real estate shall be admitted as evidence
in any cause until after probate before the Ordinary, either in common
form, or in due form of law.
EV. That all Acts and parts of Acts inconsistent herewith, be and the
same are hereby repealed.
In the Senate House, the twenty-first day of December, in the year of
our Lord one thousand eicht hundred and sixtv-five.
W. 1). PORTER.
_ President of the Senate.
C. Ii. SIM? >NT0N,
Speaker of the House of Representatives.
Approved: JAMES L. ORR.
AN ACT TO DECLARE CERTAIN STREAMS xor NAVIGABLE.
I. Be it enacted by the Sene de and House of Represented ives, nom mei ami
sitting in General Assembly, and by (lue authority <f the some, That the
following streams are declared to bo not navigable as public streams, to
wit: "Berresford Creek," "Cook's Creek," "Yenning's Creek," "Gib?
son's Creek," and "Clowter's Creek," and '.Daniel s Island Creek,"
beyond the point of land known as the "Clement's Ferry Landing :"
Provided, That nothing 1 xein contained shall restrict the parties through
whose lands said streams run from using them as navigable streams.
In the Senate House, the twenty-first day ot, 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.
Approved: JAMES JJ. ORR.
AN ACT TO AUTHORIZE FARMERS AND PLANTERS TO GIVE THEIR BOOKS
TN EVIDENCE IN CERTAIN CASES.
?. Be it emt, int hy the Senate and House of Representatives, noir met ami
sitting in General Assembly, and by the authority of the same, That from and
after the passing of this Act, books of original entry kept by fanners and
planters relating to the transactions of their farms or plantations shall be
receivable in evidence in all trials in which the business or transactions of
their farms or plantations shall be called in question, as between the farmer
or planter aud his employees, in tho same manner ns books of merchants
and shop-keepers now aro.
In thc Senate House, the twety-first day of December, in the year of
our Lord one thousand eight hundred and sixtv-five.
W. D. PORTER,
President of the Senate.
C. H. SIMONTON,
Speaker of the House of Representatives.
Approved : JAMES L. ORR.
AN ACT FOB THE BELIEF OF THE SPABTANBUKG AND UNION RAILROAD
COMPANY. "
I. Be A enacted bp Die Senator and House of Representatives, now mel and
sitting in General Assembly, and by the authority of Hie same, That the
Spartanbtrrg and Union Railroad be authorized and empowered to borrow
OT raise the sum of six hundred thousand dollars, to" be used in the.
extension, building, and procuring the proper outfit of said road to the
city of Columbia, South Carolina.
II. That . for this purpose the said Company is hereby authorized and
empowered to issue bonds to the amount of six hundred thousand dollars,
payable twenty years after the date thereof, with coupons attached,
payable semi-annually. These bonds shall have a priority of hen over all
other liens, bonds, mortgages, judgments and debts on the whole road
when finished to Columbia, South Carolina, including its outfit and real
estate.
III. That the present lien of the State of South Carolin? on said Road
be postponed, and become a second lien ; which said second hen shall
extend and cover thc whole road, its outfit and real estate, when com?
pleted to Columbia, South Carolina
IV. That the first section of nn Act entitled au Act to authorize the
formation of the Spartanburg and Union Railroad Company," ratified
the seventeenth day of December, Anno Domini one thousand eight
hundred and forty-seven, be so amended as to authorize said Company
to change the present location of their road, by diverging therefrom at
any point which may be agreed on by them, on the Eastern side of Broad
River, and running through parts of the Districts of Fairfield and Rich?
land, to or near the City of Columbia, with all the privileges and rights
of way, and subject to all the disabilities as are contained in the charter
aforesaid : Provided, This shall not impair any rights conferred by the
original charter.
V. This Act shall not take effect unless the holders of the unendorsed
bonds of said Company, and the judgment creditors of said Company,
first consent and agree, in writing, that their bonds and judgments be
postponed, and become a third lien on said road.
In the Senate House, the twenty-first 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 thc House of Representatives.
Approved : JAMES L. ORK.
AN ACT TO INCORPORATE THE VILLAGE OE KIRKWOOD.
I. Bc it enacted by the Semite and House of Represent! it ires, now met and
sitting in Lreneral Assembly, and by the authority of the same, That the
inhabitants of the Village of Kirkwood be, and are hereby, created a body
politic and corporate in Law, under the name aud style of the Village of
Kirkwood, with like powers and privileges conferred upon thc corporation
of the Village of Newberry, by an Act passed on the seventeenth day of
December. Anno Domini une thousand eight hundred and forty-one,
entitled "An Act to incorporate certain Villages, Societies and Compa?
nies."
II. That the boundaries of said territory shall be as follows : All that
territory lying North of Boundary' Street of the Town of Camden; East
of Mill Street down to DeKalb Street ; Nortli of DeKalb Street to Eastern
margin of Pine-Troe Creek Swamp ; West of the Eastern margin of Pine
Tree Creek Swamp to the crossing of McRae's Bridge, including all tho
houses and settlements on the East side of Pine-Tree Creek, of the DeKalb
Factory, now the property of F. L. Zemp ; South of a line drawn due
West from said bridge to its intersection with Wyley Street, of Camden,
protracted Northward ; and East of said protracted street to Boundary
Street.
In the Senate House, the twenty-first 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 tho House of Representatives.
Approved : JAMES L. ORB.
AN ACT TO AMEND THE LAW KNOWN AS THE "STAT LAW. "
I. Be it enacted by the Senate and House of Representa!?res, now mel and
sitting in General Assembly, and by the authority of the same, That the Act
of the General Assembly, entitled "An Act to Extend Relief to Debtors,
and to Prevent the Sacrifice of Property at Public Sales," passed the
twenty-first day of December, in the year of our Lord one thousand eight
hundred and sixty-one, and all Acts amending said Act, be, and the same
are, hereby continued in force, until the adjournment of the next regular
session of this General Assembly, and that nothing herein contained shall
be construed to apply to any cause of action arising ex delicto, nor to any
process of distress for the collection of rent.
II That nothing herein contained shall be construed to apply to any
causes of action which may hereafter originate ; nor shall any debtor be
entitled to jilead the benefit of this Act, who shall fail, if demanded, at
least three months previously, to pay, on or before the first day of Decem?
ber next, one-tenth of the aggregate amount of the debt and interest due
ar tlic time such demand is made ; but in such case, the creditor shall be
at liberty to proceed to judgment, as if this Act had not been passed, and
to ?'liter execution, provided that no execution so obtained shall, during
the continuance of this Act, bi; enforced for more than the cost? and one
tenth of the aggregate amount of the debt and interest.
Hf. Neither shall any debtor on final process now subsisting, be
entitled to the benefit of this Act who shall fail, if demanded, at least
three mouths previously, by the creditor, or his or her attorney, to pay, on
or before the first day of December next, the costs and one-tenth part of
the aggregate amount of principal and interest, due on such process, at
the time of such demand. And when such debtor on demand made as
aforesaid, shall fail to pay us aforesaid, it shall and may be lawful for such
creditor to enforce such process for the costs and one-tenth ?...rt of the
aggregate amount of principal and interest due.
ry. During the continuance of this Act, the Statutes of Limitations be
and are suspended against the claims of all persons in possession of
property of debtors on final process, and on which such process may have
a lien.
In the Senate House, thc twenty-first day ol'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.
Approved : JAMES L. ORR.
School for 1866. if! \\ Ol) KW X Pft
IWILL open a SCHOOL in Columbia, on IJ Hi) Ml!' (V I il S
MONDAY, January 8. The year will be Ll I JJ I Ulli lil U MJ UU I .
divided into four terms, of eleven weeks f vrrnr'B'vannz rn A II nv A nv * cn \
each. Students prepared for any College ' (ii lA ES?>0IiS T0 A' "BAIZE A CO.,)
or University. 13 HAYNE STREET,
TEEMS.-Primary English, $8 per term; _ . .. . .
English including Mathematics, $10; Eng- CHARLESTON* $? C*?
lish, Latin and Greek or French, $12.50.1 M*?#*M?*?-?V ? v??t t
Payment at the end of each term. : TT" EEP constantly on hand and will sell,
Necessary absences of moro than one JV- as cheap as any hons? South, fur
week per term, deducted. For further | CASH:
information, opply to me, at Dr. John Le- HARffESS LEATHER.
Conte's. Oak and Hemlock SOLE LEATHER.
REFERENCES.-The Facity of the Uni- French and American CALF SKINS,
versity of South Carolina. LINING SKINS.
Dec 24 tS* H. W. RICE. SHOE FINDINGS, Ac. Dec 13 wf8
THE FEENCH TO LEAVE MEXICO.-The
Washington special correspondent" of the
New York Pual.ot the 19th instant, . tatos
that while thc President was preparmgbis
message, tho French Minister emphatically
stated that tho Emperor would much regret
any expression in tho message which would
make it impossible to recede from his
Mexican scheme without humiliation. Tho
French Minister also assured Mr. Seward
that the French troops would be with?
drawn from Mexico in a little while, and
asked for patience on the part of our Gov?
ernment.
It is stated that on the 15th inst., about
eleven millions of interest on the United
States public debt fell due, (second series
of seven-thirty notes ;) one month hence
eight and a half millions will be paid on
the third series ; and January first ten mil?
lions of gold interest has to lie met for long
bonds. These, with the maturing obliga?
tions the Treasury, making, for sixty days,
an aggregate of forty millions of disburse?
ments for principal and interest of tho
public debt.
The Legislature of Tennessee having re?
fused to allow negro testimony to lie taken
in the courts of that State, General Fisk,
the superintendent of the Freedmen's Bu?
reau of that district, under special orders
from tho War Department, has issued an
order which demands that all eases in
which negro testimonv is involved, and
which have heretofore been disposed of by
municipal authority, shall be brought be?
fore the court for adjudicaion.
President Johnson has ordered Governor
Holden to prohibit the sheriffs of North
Carolina from executing the provisions of
the revenue law passed by the State Con?
vention, which levies taxes on business
transactions as?far back as January 1, 1365.
when a large portion of the State was
within our military lines, and all business
was subjected to military taxes.
Tho New Yorx correspondent of tho
Philadelphia Ledger writes : "Secretary
Stanton has written to intimate personal
friends here that he will resign his place in
the Cabinet immediately after the first of
January. His health, be says, needs re?
pose, and his private business affairs re?
quire attention."
Nomination for the Mayoralty.
MANY friends of Dr. EDWARD SILL
hereby respectfully recommend him for
the Mayoralty of this city, at the election
to be held on the first MONDAY in April
next.
It will no doubt be remembered-espe?
cially by citizens of somewhat mature ago
-that, some years ago, Dr. Sill was called,
for three consecutive terms, to preside
over tho municipal affairs of Columbia aa
its Intendant, without salary. Ho Ls, there?
fore, not without experience in the duties
of tho office. If, then, in the present
aspect of things, thsre is need of our pos?
sessing the qualifications of industry,
fidelity, economy and thorough business
habits, coupled with official experience,
into whose hands must be committed tho
administrativa affairs of the city-then
will these all ba found, in a great measure,
united in the individual hereby nominated.
Deo 21 th
H. E. NICHOLS,
GENERAL
MStlftANCE AGENT,
Corner of Assembly and Washington Sis.,
OoXuuaa.'lol?, St. O
REPRESENTS a number of the best
both Northern and Southern-compa?
nies, possessing an aggregate capital of
over
$23,000,000.
LIFE, KIRK, MARINE.
[NLAND AND ACCIDEN?
TAL RISKS taken on equi?
table terms, and all losses
promptly paid.
J86j>~ Policies mad** payable
in Gold or CurY??cy.
MAYOR'S OFFICE,
COLUMAIA, S. C., December '24, ICSCJ.
ALL parties selling SPIRITUOUS LI?
QUORS, by retail or otherwise, in the
city of Columbia, arenotified that salo of
the same must bo STOPPED, until after
MONDAY, January 1. Persona not obey?
ing this order will be arrested and prose?
cuted by the city authorities.
Rv order of Council.
Dec 24 .1 AS. (\. GIBBES, Mayor.
Wanted to Hire.
ACOMPETENT NURSE for a child a
- .-ar old; white or colored.
A first-rate Heuse Servant.
A first-rate Chambermaid.
Thc best recommendations required.
Apply at this office._Dec 21
FOR SALE OR RENT,
MA DWELLING HOUSE, containing
eight rooms, situated two miles from
Columbia, on the Camden Road. On
the premises are a carriage hoime, stable,
barn and all necessary out-homses. The
ot centaiQS 180 acres, "wooded. Applv te
BENJ. T. DENT,
Doc 13_At the Market.
x/v atxxt o <3L9
ASITUATION as TUTOR, in a family
of five, six or eight children. All the
English Branches and Latin and Greek (if
desired) taught. Apply at thia office,
stating salary. References given, if re?
quired. Deo 5 18