Historical Newspapers of South Carolina

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' THE DAILY ?H? 1'IHENI \. _^.__L^-^r-- c-----,-.-.-.-?^h^^^Ps-^^^B^r^Bp r~~-:- - . .- - Daily Paper 88 a Year', "Let our Just Censure ^^S^3S^S^^^^ Attend the True Event" Tri-Weekly $5 a Year . RY .TTTLTAN A. SELBY. COLUMBIA. S C.. FRIDAY MORNING. OCTOBER 1G. 1868. VOLUME IV-NO. 178 THE PHONIX.I ??DLI8HSD DA.ILT AK? TBI-WEEKXT. rm GLEANER, EVEIIT WEONESDAV MOBNTNG. BY JULIAN A. SELBY, EDITOB AND P?OPBIETOR. Ot?co on Main street, a few door? above Taylor (or Camdon) street. TERMS-IN*AB VANCE. 8UB80BIPTIOH. Daily Papor, six months.M 00 Tri-Weokly, " " . 2 GO Weoklv. ?? '? .1 (50 ADVEimBEMENTS Inacrtod at 75 cents por square for the first insertion, and 50 cents for oach subs?quent. Weekly 75 couta each insortion. iff A libe.al discount made on the abova rates when advertisements are inserted by the month or year. AGENTS. Lexington-B. J. Hayes. Spartanburg-Hiram Mitchell. J. B. Allen, Chostor. 8. P. Kinard, Newberry C. H. Jamos Grant, Union. Julius Poppo, Anderson 0. H. [OFFICIAL.] Acts Passet at the Late Session of the Legislature. AN ACT TO KEOUIiATB ATTACHMENTS. I. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in Qeneral Assembly, and by the au tliority of the same, In an action for the recovery of money against a cor ?>ot?tion created by or under tho avrt&if any other State, Government or country, or against a defendant ?who is not a resident of this State, or against a defendant who has ab? sconded or concealed himself, or ?whenever any person or corporation is about to remove any of his or its property from this State, or has as? signed, disposed of or secreted, or is about to assign, dispose of or secrete, any of his or its property, with in? tent to defraud creditors, as herein? after mentioned, tho plaintiff, at thc time of issuing the summons, or at any tim? afterwards, may have the property of such defendant or cor Eoration attached, in the manner ereinafter prescribed, os a security for tho satisfaction of such judgment as the plaintiff may recover. LT. A warrant of attachment must be obtained from a Judge, Justice of the Peace, Magistrate, or Clerk of a Court in which or before whom the action is brought. HT, Tho warrant may be issued whenever it shall appear by affidavit that a cause of action exists against such defendant, specifying the amount of the claim and the grounds thereof, and that the defendant is either a foreign corporation or not n resident of this State, or has depart? ed therefrom with intent to defraud his creditors, or to avoid tho service of a summons, or keeps himself con? cealed therein with like intent, or that Buch corporation or person has removed, or is about to remove, any of his or its property from this State, with intent to defraud his or its cre? ditors, or has assigned, disposed of or secreted, or is about to assign, dispose of or secrete, any of his or its property, with like intent, wheth? er such defendant be a resident of this State or not. It shall bo tho duty of tho plaintiff procuring such warrant, within ten days after the is? suing thereof, to cause the affidavits on which the Bathe was granted to bc filed in tho office'of the Justice of the Peace, Magistrate, or Clerk of tho Court of the County in which the action is to be tried. IV. Before issning the war? rant, the Judge, Justice of tho Peace, Magistrate or Clerk shall re? quire a written undertaking on the part of the plaintiff, with sufficient surety, to the effect that if tho de? fendant recover judgment, the plain? tiff will pay all costs that may be awarded to tho defendant, and all damages which he may sustain by reason of the attachment, not ex? ceeding tho sum speoified in the un? dertaking, which shall bo at least one hundred dollars. V. The warrant shall be directed to tho Sheriff of any County in which property of such defendant mnv be, and shall require him to at? tach and safely keep all the property of stich defendant, designating the same, within his County, or BO much thereof as may be sufficient to satis? fy tho plaintiff's demand, together with costs and expenses; the amount of which muat be stated in conformi? ty with the complaint. Soveral war? rants may be issned at tho same time to tho Sheriffs of tho different Coun? ties. VT. Tho Sheriff to whom such warrant is directed and delivered, shall immediately attach all the real estate of such debtor, and all bis per? sonal estate, including money and bank notes, except such real nud per? sonal estate as is oxotnpt from attach ment, levy or salo by the Constitu? tion; and sholl tako iuto his custody nil books of accouut, vouchers and papers relating to the property, debts, credits and effects of such debtor, together with nil evidences of his titlo to real estate, which ho shall safely keep, to he disposed of as here? inafter directed. VII. He shall, immediately on making such seizure, with the assist? ance of two disin'crested free-hold? ers, make a just and truo inventory of all tho property so seized, and of the books, vouchers and papers taken into his custody, stating therein tho estimated value of tho several arti? cles of personal property, and enu? merating such of them as aro perish? able, which inventory, after being signed by tho Sheriff and the apprais? ers, shall, within ten days after such seizure, be returned to tho officer who issued the warrant; and tho Sheriff shall, under the direction of such officer, collect, receive and take into his possession all debts', credits and effects of such debtor, and com? mence such suits, and take such legal proceedings, either in his own name or in the name of such debtor, as may be necessary for that purpose, prosecute and discontinue the same at Bitch times and such terms as tho Court may direct. Tho property so seized, or tho proceeds of such as shall have been sold, and debts col? lected, shall bo kept to answer any judgment which may be obtained in such action. VIII. If any of the property so Reized be perishable, thc Sheriff shall sell the sams at public auction, under nn order of tho officer who issued tho warrant, and shall retain in his hands the proceeds of .such salo, after deducting his expenses, to bo allowed by such officer, which proceeds shall be disposed of in tho same mnnnei as tho property so sold would have been, if it had remained unsold. IX. If any goods or effects seized ns tho property of the debtor shall be claimed by or in behalf of nnj other person as his property within two days after tho appraisement ol such property, ns set forth in Sectiot 7 of this Act, tho claimant or his agent may execute a bond to thc Sheriff, with sureties to be approvec by him, in a penalty double tin amount of such appraised value conditioned that in a suit to b< brought on such bond, tho claiman will establish that he was the owne of said property at the time of tin seizure; and in case of his failure t< do so, that he will pay tho amount o such valuation, with interest fron the date of tho bond. Upon sucl bond being executed and delivcrei to the Sheriff, ho shall dischargo Rah property from the attachment: Prc vided, Nothing in this Section sha] be construed to prevent tho claiman from proceeding in any proper fore of action for the recovery of sue! property or the value thereof. X. The rights or shares which sue defendant may have in tho stock c any association or corporation, tc gether with the interest and profit thereon, and all other property i this State of such defondaut, 6hall b liable to bo attached and levied upo and sold to satisfy the judgment an execution. XI. The execution of tho attacl aient upon auy such rights, share! or any debts or other property incl pablo ol manual delivery to the Sin riff, shall bo made by leaving a cert lied copy of tho warrant bl attacl ment with tho President or othc head of tho association or corpor: tiou, or tho Secretary, Cashier ( manoging agent theroof, or with tl debtor or individual holding sue property, with a notice showing tl property levied upon. XII. Whenever tho Sheriff shal with a warrant of attachment or ex ontion against tho defendant, app to such officer, debtor or individus for tho purpose of attaching or loy ing upon such property, snell office debtor or individual shall furnii him with a certificate, under h I band, designating the number rights or shares of tho defendant : the stock of such associatiuu or oe poration, with any dividend or ai inoumbranoo thoreon, or the amoui and description of the property he by such association, corporation individual for tho benefit of, or del owing to, the defendant. If siioh r. ficer, debtor or individual refuse do so, he may be required by t Court or Judge to attend bofore hi and bo examined on oath concernii tho same, and obedience to such c der? may bo enforced by attac ment. XIII. In case judgtnentbe enter for the plaintiff in such action, t Sheriff shall satisfy the same ont tho property attached by kim, if shah be sulhoiont for that purpose 1. By paying over to suck plainl tbe proceeds of all sides of perisha? ble property, and of any debts or credits collected by him, or so much ns shall be necessaiy to satisfy such judgment. 2. If any balance remnin due, and execution shall have been issued on such judgment, ho shall proceed to sell under such oxecntion so much of the attached property, real or per? sonal, except us provided in sub-divi? sion four of this Section, as may bo necessary to satisfy tho balance, if ? enough for that purpose shall remain in his hands; and in case of tho salo of any rights or shores in tho stock of a corporation or association, tho Sheri ff shall execute tr; thc purchaser a certificate of sale thereof, and the I purchaser shall thereupon have all the rights and privileges, in respect thereto, which were had by said de? fendant. 3. If any of tho attached property belongingto the defendant shall have passed out of tho hands of the She? riff, without having been sold or con? verted into money, such Sheriff shall re-possess himself of tho same, and for that purpose shall have all the authority which ho had to seize the same under tho attachment; and any person who shall wilfully conceal or withhold such property from the she? riff, shall be liable to double damages, at the suit of tho party injured. 4. Until the judgment against thc defenduut shall bo paid, tho Sheriff may proceed to collect the notes atad other evidences of debt, and the debts that may have been seized or attached under the warrant of attach? ment, and to prosecute any bond bc maj- have taken in the course of such proceedings, and apply the proceeds thereof to the payment of tho judg? ment. When the judgment and al] costa of tho proceedings shall have been paid, the Sheriff, upon reasona? ble demand, shall deliver over to the defendant the residue of tho attacher] property or tho proceeds thereof. XIV. Tho actions herein author ized to bo brought by the Sheriff ma] bo prosecuted by tho plaintiff, o: under his direction, upon tho deli very by him to the Sheriff of an un dertaking executed by two sufficien I sureties, to tho effect that the plain tiff will indemnify tho Sheriff for al damages, costs and expenses on ac j count thereof, not exceeding tw< j hundred and fifty dollars in any on ? action. Such sureties shall, in ni cases, when required by tho Sherill I justify his making an affidavit tba each is a houso-holder and wort' double the amount of tho penalty c the bond, over and abovo all demand and liabilities. XV. If the foreign corporation, c absent, or absconding, or couceale defendant, recover judgment again: the plaintiff in such action, any bon taken by the Sheriff, except such r are mentioned in tho preceding Sei tion, all tho proceeds of sales an money collected by him, and all tl: property attached remaining in h hands, shall bo delivered by him 1 the defendant or his agent, on r quest, and the warrant shall bo di charged and tho property release therefrom. XVI. Whenever tho dofendai shall have appeared in such actio ho may apply to the officer who issu< tho attachment, or to tho Court, fi an order to discharge tho same; ai if the same be granted, nil tho pr coeds of sales and moneys collecti by him, and all tho property attach remaining in his hand, shall be il livered or paid by him to the defeu ant or his agent, and released fro tho attachment; and where there moro than one defendant and t several property of either of tho t fendants bas been seized by virtue tho order of attachment, tho defer ant whose several property has bc seized may apply to tho officer w issued the attachment for relief une this section. XVII. Upon such application t defendant shall doliver to the Coi or officer an undertaking, excout by at least two sureties, who are sidonts and free-holders or hon holders in this State, approved such Court or officer, to the eff that the sureties will, on deraai pay to the plaintiff the amount judgment that may bo recovei against tho defendant iu the acti< not exceeding tho sum specified the undertaking, which shall be least double the amount claimed the plaintiff in his complaint. Il shall appear by affidavit that property attached bo less than amount"claimed by tho plaintiff, Court or officer issuing tho atta mont may order tho samo to be praised, and tho amount of undertaking shall then bo dou the amount so appraised; and in oases the defendant may movo to ctmrgo i the attachment; und wi there is more than one defend? and the several property of either of tho defendants lins been seized by virtue of the order of attachment, the defendant, whose several proper? ty has been seized, may deliver to tho Court or officer an undertaking, in accordance with tho provisions of this section, to tho effect that ho will, on demand, pay to the plaintiff tho amount of judgment that may be recovered against such defendant, and all tho provisions of thia section applicable to such undertaking shall be applied thereto. XVIII. When the warrant shall be fully executed or discharged, the Shoriff shall return the same, with his proceedings thereon, to tho Court in which the action was brought. XIX. The fees and compensation of the Sheriff for services under this Act shall bo assimilated to those now allowed by law for similar or equiva? lent services. XX. Distress for non-payment of rent, as heretofore existing, is abo? lished. All Acts and parts of Acts inconsistent with this Act aro hereby repealed. In tho Senate House, tho twenty fourth day of September, ia thc year of our Lord one thousand eight hundred and sixty-eight. L. BOOZER, President of the Senate. P. J. MOSES, JR., Speaker House of Representatives. Approved: R. K. SCOTT, Governo?. AN ACT TO PUNISH DISCRIMINATION I> THE TREATMENT OF FKISONEItS RS JAILERS AND SHERIFFS. I. li>: il enacted by the Senate am House of Representatives of the Statt of South Carolina, now mel and sittint in General Assembly, and by the autho rity of the same, That from and nfte: tho passage of this Act, it shall b< unlawful for Sheriffs or Jailers t< make any discrimination in the treat mont of prisoners placed in thei: custody. II. Every violation of this Act shnl be a misdemeanor, and upon coavic tion thereof tho party convicted shu! be lined not less than twenty-fiv dollars, and imprisoned for not les than one mouth, nor more than twelv months. In the Senate House, the twonty fifth day of September, in th year of our Lord one thousam eight huuderd and sixty-eight. L. BOOZER, President of the Senate. FRANKLIN J. MOSES, Ju., Speaker House of Representative: Approved: R. K. ScoTr, Govornor. SPECIAL NOTICES. " A MISERABLE SHAKER IS TH Victim to Fever mid Agne. This tcdioi and enervating disease is, nnfortnnatel too well known to need a description, is strictly a malarious disease, caused 1 exhalations from the soil, especially fro marshes, swamps and newly cleared lan encumbered with decomposing vegetal matter. Tho chiils is ono of the mc troublesome of maladies, as the patiei though ho may not bo confined to his be is incapable of action. The experionco years has demonstrated the fact th HOSTE LTER'S STOMACH BITTERS a suro means of fortifying tho uysU against all atmospheric poison, broaki up the paroxysms and rapidly reston tho strength. Quinine, which has so lo been tho great remedy for chills, has bc tmpcrceded by this powerful and harnih agent; whilo as a preventive it is i equalled, as its use will certainly oxen all ?ho may live in unhealthy localiti from the ravages of this disease. HoMtetter's Stomach Ritters is n among the most popular, and, at tho sa time, valuable specifics in the modi world. In recommending it to the pub wo aro fully conscious of doing then great service, knowing, as we do, th many excellont qualities, and sure n speedy action in all casos where tho tl ease is caused by irregularity of the dig tive organs. As a tonic it is both mild and agroua to thu taste, and stimulating in its act npon the system. Oct 10 -f "MANHOOD."-Another New Med Pamphlet from tho pon of Dr. Curtis. '. Medical Times says of this work: "1 valuable treatise on tho causo and curt premature declino show? how healtl impaired through secret abuses of yo and manhood, and how easily regained gives a clear synopsis of tho impedrau to marriage, tho cause and effects of i vous debility, and the remedies theref A pocket odition of the above will be warded on receipt of 25 Cents, by dressing Dr. Curtis, No. 58 North Cha street, Raltimore, Md. May 27 1 Smoked Tongues, &o. JUST received, Extra New York Smc TONQUES, Fulton Mirket SPICED BEEF, PICKLED SALMON, I FIG HAMS, uncanvasF'id, very fine. For sale low by GEO. SYSlMER Sept 25 and the several property of either of tho defendants lins been seized by virtue of the order of attachment, the defendant, whose several proper? ty has been seized, may deliver to tho Court or officer an undertaking, in accordance with tho provisions of this section, to tho effect that ho will, on demand, pay to the plaintiff tho amount of judgment that may be recovered against such defendant, and all tho provisions of thia section applicable to such undertaking shall be applied thereto. XVIII. When the warrant shall be fully executed or discharged, the Shoriff shall return the same, with his proceedings thereon, to tho Court in which the action was brought. XIX. The fees and compensation of the Sheriff for services under this Act shall bo assimilated to those now allowed by law for similar or equiva? lent services. XX. Distress for non-payment of rent, as heretofore existing, is abo? lished. All Acts and parts of Acts inconsistent with this Act aro hereby repealed. In tho Senate House, tho twenty fourth day of September, ia thc year of our Lord one thousand eight hundred and sixty-eight. L. BOOZER, President of the Senate. P. J. MOSES, JR., Speaker House of Representatives. Approved: R. K. SCOTT, Governo?. AN ACT TO PUNISH DISCRIMINATION I> THE TREATMENT OF FKISONEItS RS JAILERS AND SHERIFFS. I. li>: il enacted by the Senate am House of Representatives of the Statt of South Carolina, now mel and sittint in General Assembly, and by the autho rity of the same, That from and nfte: tho passage of this Act, it shall b< unlawful for Sheriffs or Jailers t< make any discrimination in the treat mont of prisoners placed in thei: custody. II. Every violation of this Act shnl be a misdemeanor, and upon coavic tion thereof tho party convicted shu! be lined not less than twenty-fiv dollars, and imprisoned for not les than one mouth, nor more than twelv months. In the Senate House, the twonty fifth day of September, in th year of our Lord one thousam eight huuderd and sixty-eight. L. BOOZER, President of the Senate. FRANKLIN J. MOSES, Ju., Speaker House of Representative: Approved: R. K. ScoTr, Govornor. SPECIAL NOTICES. " A MISERABLE SHAKER IS TH Victim to Fever mid Agne. This tcdioi and enervating disease is, nnfortnnatel too well known to need a description, is strictly a malarious disease, caused 1 exhalations from the soil, especially fro marshes, swamps and newly cleared lan encumbered with decomposing vegetal matter. Tho chiils is ono of the mc troublesome of maladies, as the patiei though ho may not bo confined to his be is incapable of action. The experionco years has demonstrated the fact th HOSTE LTER'S STOMACH BITTERS a suro means of fortifying tho uysU against all atmospheric poison, broaki up the paroxysms and rapidly reston tho strength. Quinine, which has so lo been tho great remedy for chills, has bc tmpcrceded by this powerful and harnih agent; whilo as a preventive it is i equalled, as its use will certainly oxen all ?ho may live in unhealthy localiti from the ravages of this disease. HoMtetter's Stomach Ritters is n among the most popular, and, at tho sa time, valuable specifics in the modi world. In recommending it to the pub wo aro fully conscious of doing then great service, knowing, as we do, th many excellont qualities, and sure n speedy action in all casos where tho tl ease is caused by irregularity of the dig tive organs. As a tonic it is both mild and agroua to thu taste, and stimulating in its act npon the system. Oct 10 -f "MANHOOD."-Another New Med Pamphlet from tho pon of Dr. Curtis. '. Medical Times says of this work: "1 valuable treatise on tho causo and curt premature declino show? how healtl impaired through secret abuses of yo and manhood, and how easily regained gives a clear synopsis of tho impedrau to marriage, tho cause and effects of i vous debility, and the remedies theref A pocket odition of the above will be warded on receipt of 25 Cents, by dressing Dr. Curtis, No. 58 North Cha street, Raltimore, Md. May 27 1 Smoked Tongues, &o. JUST received, Extra New York Smc TONQUES, Fulton Mirket SPICED BEEF, PICKLED SALMON, I FIG HAMS, uncanvasF'id, very fine. For sale low by GEO. SYSlMER Sept 25 Goods Down. In sympathy with the Staple, all GOODS have declined, and our system of QUICK SALES and weekly arrival of FRESH GOODS, places us in position to give our PATRONS the full and undivided benefit of the re? cent decline. We are handling a rapidly increasing and very flatter-' ing BUSINESS, but desire to add to it; and are earnest bidders for a CHANCE at every BUYER who comes to Columbia, relying upon the moderate prices we ask, and our rigid system of fair? ness, to make us friends. We will not at present enumerate any articles, as a mere glance into our Large Room, Will satisfy that we are full on every LINE OF GOODS that belong to the trade. We are doing a good JOBBING BUSINESS With the adjacent country and city Merchants, And are paying especial at? tention to the trade. We can benefit any Mer chant buying here in one line. XL C. SH?V??H. Octobor12