The daily phoenix. (Columbia, S.C.) 1865-1878, October 18, 1868, Image 1
Daily Pawer fi? a Year',^ "Let oiir ^t^enrari ^^^^^^^^^^^^^^^ Attend[fte 1T^^" Tri-Weekly 80 a Year
nv TJTT.TAW A. SHIT ."RT : 1: nOTJTMT?TA S P. STTftm?Y1 M HT? "MTV fl OnTOT?TOT? 1Q 1 ?P.S VOT/ITMR TV-NO 1 HO;
THE PHCENIX.
fOBUBBED DAILY A KD TBI-WKEKX.Y.
fm GLEANER,
CTE II Y WEDNESDAY MORNING.
BY JULIAN A. SELBY,
EDITO? AND PUOFKIETOK.
Office on Main atreot, a fow doore above
Taylor (cr Camden) etreet.
TERMS-IN AD VA NCE.
snBBCBirnoK.
Daily Paper, B?X months.ti 00
Tri-Weekly, ?? .? . 2 50
Weekly, " " .1 50
ADV ]'.!'. TI Si. ".[?'.NTS
Inserted at 76 cents per sqnare for tho first
inaerMon, and 60 cents foreach subacquen t.
Weekly 76 cents each insertion.
ear A liberal discount made on the abov<i
rates when advertisements are inserted by
the moTith or near.
AOENTS.
Lexington-B. J. Hayes.
Bpartanburg-Hiram Mitchell.
J. lt. Ailon, Chester.
8. P. Kinard, Nowborry C. H.
James Grant, Union.
Juline Poppe, Anderson C. H.
[OFFICIAL.]
Acts Fasser1 at the Late Session o?
the Legislature.
AN ACT TO DECT/ARE THE MANNER BY
WHICH THE II ANDS, OR THE HIGHT OF
WAY OVEB THE LANDS, OF FEHSONS
OB CORPORATIONS MAY BE TAKEN FOR
THE CONSTRUCTION AND USES OF
RAILWAYS AND OTHER WORKS OF IN?
TERN AL rMPRO YEMEN T.
1. De il enacted by the Senate and
House of Representatives of the Stale
of SoutJi Carolina, now met and sitting
in General Assembly, and by thu au?
thority of the same. That whenever
any. person or corporation shall bo
authorized by charter to construct a
railway, canal, turnpike, or other
public highway in this State, such
person or corporation, before enter?
ing upon any lands for the purpose
of construction, shall give to the
owner thereof, (if he be sui juris,)
notice, in writing, that the right of
way over said hinds is required for
Buch purpose, which notice shall be
given at least thirty days beforo en?
tering npon said lands; and if such
notice shall be given, and the owner
shall not, within the period of thirty
days alter service of said notice, sig?
nify in writing his refusal or consent,
it shall be presumed that such con?
sent is given; and such person or
corporation may, thereupon, enter
upou said lands: Provided, however,
That the owner of suid lands may bo
entitled to more for an assessment of
compensation, in the manner herein?
after directed.
IL That if tho owner of tho lands
shall signify his refusal of consent to
entry upon his lands without previous
compensation, the person or corpora?
tion requiring such right of way shall
apply, by petition, to tho Circuit
Judge of. toe Couuty wherein such
Wands aro situated for tho empaneling
A)f a jury to ascertain the amount
which shall ba paid as just compen?
sation for the right of way required,
in which petition shall be set forth a
description of the lauds, the names
of tho owner or owner*, tho purposes
'for which the hinds are required, and
such other fuels ns may be deemed
material. On tho hearing of such
petition, the Circuit Judge .shall
order the same to be flied in tlie office
of tho Clerk of the Court of Common
Pleas for said County, aud shall fur?
ther order the Clerk of tho Court to
empunnol a jury of twelve to ascer?
tain tho compensation for tho use of
lands required; and it shall bo the
duty of tho said Clerk, immediately
on receiving such order, to give to
tho owner of the lands notice thereof
in writing, and of tho day which
shall be assigned for the drawing of
tho jury, which notice shall be served
at least five duys before tho day
assigned. On the day assigned, the
said Clerk, in tho presence of the
parties, if they shall attond, shall
seleot the names of twenty-four dis?
interested freeholders of the County,
and from that number shall draw the
names of twelve to act as jurors, and
shall cause thoso so drawn to bo
forthwith summoned to meet at such
placo and at BUOII timo ns he may
assign, for tho purpose of examiniug
the said lands and ascertaining the
compensation to bo made for the
right of way over the same; it shall
further bo the duty of the said Clerk,
in person or by his deputy, to attend
at tho same time and place for the
purpose of organizing the jury, and
he shall have power to summon from
tho vioinagu other disinterested free?
holders to not as jurors in the stead
of any of those first summoned who
shall fail to attend, or who shall be
objeoted to by either party on the
ground of disqualification on account
of interest
OT. That the jury so empannelfd,
after first being sworn faithfully ond
impartially to determine tho question
of compensation submitted to them,
sliail proceed to inspect the premisos
und to take testimony in referenco to
the construction of tho proposed
highway, and tho quantity of land
which shall be required therefor;
and irrespective of any benefit which
tho owner may derive from tho pro?
posed highway, and with respect
alone to the quantity and value of
tho lands which may bo required,
nnd to tho special damage which
the owner may sustain by reason of
tho construction of tho highway
through his lands, they shall ascer?
tain tho amount of compensation
which shall bo made to tho owner
thereof, and shall render their verdict
in writing for tho same.
IV. That from tho verdict so ren?
dered it shall bo tho right of either
party to appeal to the first term o?
tho Circuit Court next ensuing in
tho County, giving to tho opposite
party fifteen days' notice of such
iutended appeal, with thc grounds
thereof; and upon tho hearing ol
such appeal, if tho Court shall bc
satisfied of tho reasonable sufficiency
of the grounds, an issue shall be
ordered, iu which tho appellant shall
bo tho actor, and the question ol
compensation shall be thereupon sub
ruitted to a jury in open Court, whose
verdict shall be final and conclusive,
unless, on writ of error, a uew tria
shall be ordered by tho Supr?me
Court. But in no case of appeal
shall tho progress of the work o
construction be stayed: Provided
The person or corporation requiring
the right of way shall deposit wi tl
the Clerk of the Court the amount o
tho verdict from which the appeal i:
taken.
V. That whenever any lauds shal
be required for the location of depots
atatious, turnouts, section-houses, oi
other necessary uses of n highway
and from want of agreemeut aa to th
value thereof, or from any othe
cause, the same cannot be purchase?
from the owner, the sumo may b
taken at nu assessed valuation, to b
made by a jury in like manner a
hereinbefore directed for ascertaiuin
the compensation for right of way.
VI. That where tho owner, or an
one of tho several owners, of th
lands is a feme covert, an infant, c
non compos mentis, the required notice
shall be served upon the trustee
guardian or committee of such pei
sons; and if thero bo no truste*
guardian or committee, tho Clerk e
tho Court of Common Pleas sha
have power, and he is hereby autho
izeel, to appoint for such person
guardian rid Hiern, upon whom tl
service shall bo made, and who shs
represent the interest of such fen
covert, infant, or person non com?n
mentis. Auel if the owner, or any i
the owners of tho lanela, shall rosie
beyond the State, or bis or her pla?
of residenoe bo unknown, it slit
suffice if notice of the application f<
a jurv, and of the time nuel place
which they are summoned to aUen
bo published by the Clerk of tl
Court for ono month next precedii
the day assigned, which publicatii
shall bo made iu a newspaper pu
fished in the County, or if thero 1
noue there published, then in soc
newspaper of the State having gen
ral circulation in tho County.
VII. That upon payment eif ti
compensation thus ascertained by
jury, the right of way oversaiel lane
or the use of said lands for the pi
poses for which the samo were i
quired, shall vest in the person
corporation who shall hold the chi
ter of snell highway, so long as t
sumo shall be used for such high WI
and no hinger; but the fee in su
lauds subject to such special Ut
shall remain in tho owuer therei
and nothing horeiu contained sh
bo coustrueel to confer upon HU
person or corporation any right in,
power over, tho lanels so cotieleinut
other than such as may be within t
particular purpose for which sn
lands were conelemned.
VIII. That no lauds or right
way which have heretofore, or m
hereafter be, procured for tho ce
strnction or use of any highway si:
be considered exempt from liabil
to condemnation; but tho right
! way over said lanel and across
, along such right of way may be c<
demneel for tho construction of ?
other highway: Provided, That
the construction of such other hi|
way there be no hindrance to the i
and enjoyment of tho highway
which such lunds or right of v
were previously procured; and in
snob cases notice of tho npplicat
,' for a jury shall be served upon
, President of tho corporation wh
i lands or right of way shall be reqi
; ed, or upon any director or le:
agent of the corporation.
IX. That nothing herein oontaii
11 shall bo ennatriio(l ?0 proVokit ei?
! I upon any lands for purposes of t
?voy and location; and if in any c
the owner of nny lands shall permit
the person or corporation requiring a
right of way over tho same to enter
upon the construction of the high?
way without previous compensation,
the said ownor shall have tho right,
after tho highway shall havo been
constructed, to demand compensa?
tion, and to petition for an assess?
ment of the samo in tho mannor
hereinbefore directed : Provided,
Such petition shall be filed within
twelvo months after tho highway
shall have been completed through
his or bor lands.
X. That all proceedings in relation
to the condemnation of lands for the
right of woy, or for other necessary
uses of any chartered highway, shall
bo filed in tho offico of the Clerk of
the Court of Common Pleas for the
County in which such proceedings
wero had, nud shall bo there of re?
cord. If the lands required, or over
which tho right of way bo required,
shall bo partly in ono County and
partly in another, tho proceedings
shall bo instituted in that County in
which the owner or a majority of tho
owners reside; and if tho owner or
owners shall resido in neither of the
Counties, or if there shall be an equal
number of tLe several owners in ench
County, the proceedings shall bo in?
stituted in that County in which shall
lie the greater part of tho lauds in re?
ference to which such proceedings aro
instituted.
XI. That the Clerk of tho Court
shall be entitled to a fee of ten dol?
lars in every case instituted for the
condemnation of lands under this
Act; the same to cover all charges
incident thereto prior to appeal, in?
cluding also fees for recording, but
not including costs of advertising; to
which shall be added, in cases of
appeal, au additional fee of two dol?
lars, the samo to cover all charges
incident to the appeal; that the
Sheriff shall be entitled to a fee of
ono dollar and mileage at the rate of
five cents per milo for each service of
notice or other paper; and for the
summoning of jurors, the same fee
now by law allowed for the summon?
ing of jurors for the Courts of Com?
mon Pleas; and that the jurors shall
be entitled to tho same per diem and
mileage now by law allowed for at?
tendance as jurors at tho Courts of
Common Pleus; all of which costs,
except costs of appeal, shall be paid
by the person or corporation requir?
ing the lands or right of way, and tho
costs of appeal shall in all cases bo
paid by tho losing party.
XII. That any juror, duly sum?
moned to attend at the time nnd place
designated, who shall fail to attend,
shall be proceeded against in tho
same manner and be subject to the
same penalties which are or may be
prescribed by law for default in at?
tending ns jurors at the Court of
Common Pleas.
In the Senate House, the twenty
second day of September, in the
year of our Lord ono thousand
eight hundred and sixty-eight.
L. BOOZE lt,
President of the Senate.
P. J. MOSES, JR.,
Speaker House of Representatives.
Approved:
lt. K. SCOTT, Governor.
AN ACT TO AMEND AN ACT ENTITLED
"AN ACT TO AUTHORIZE A LOAN TO
REDEEM THU OBLIGATIONS KNOWN AH
THE RILLS RECEIVABLE OF THE STATE
OF SOUTH CAROLINA.
I. J ie it enacted by the Senate amt
House of Representatives of the State,
of South Carolina, now met and silling
, in General Assembly, and by the au?
thority of the same, That tho fourth
seetiou of an Act entitled "An Act to
authorize a loan to redeem tho obli?
gations known as the Bills Receivable
of the State of South Caroliuo," be
amended by inserting at tho end ol
! said section tbo following words, to
wit: "And tho taxes which shall bc
collected by tho State are hereby
pledged for the payment of the prin?
cipal aud interest of the said bonds."
In tho Senate House, the eight?
eenth day of September, iu thc
year of our Lord one thousand
eight hundred and sixty-eight.
Li. BOOZER,
President of tho Senate.
F. J. MOSES, JR.,
Speaker House of Representatives.
Approved:
i R. K. SCOTT, Governor.
Fresh Crackers, Cheese, Batter, Sec
BAKKF' FREdH CUACKEBS,
?i*J consist. of Heda Biscuit,
, Mugar Crackers. Egg Biscuit,
Butter Crackers, Cream Crackers and
1 Ginger Schnapps,
10 kegs Choice Goshen Butter,
I 25 boxos Prime Cheese,
100 Choice Hin;ar-<Hired Haina,
Together with a fresh supply of Bio,
Java and Lui/uvra (Toffees, atrseovado,
Porto ltioo and Refined Hngars, Candles,
. Heaps, Canned Fruit?, Pickles, Extracts.
, Tobacco, Megara, Ac. For sale at our usual
low prices. J. A T. B. AGNEW.
A MISERABLE SHAKER IS THE
Victim to Fever and Ague. Thia tedious
and enervating disease is, unfortunately,
too well known to need a description. It
is strictly a malarious disease, causod by
exhalations from the soil, especially from
marshes, swamps and newly cleared lands
encumbered with decomposing vegetable
matter. Tho chiils is ono of tho most
troublesome of maladies, as tho pationt,
though ho may not bo confined to his bed,
is incapablo of action. Tho experience of
years has demonstrated tho fact that
HOSTETTE1V8 STOMACH BITTERS is
a euro means of fortifying tho system
against all atmospheric poison, breaking
up tho paroxysms and rapidly restoring
tho strength. Quinine, which has so long
been tho great remedy for chills, has been
suporceded by this powerful and harmless
agont; while" aB a preventivo it is un?
equalled, as its uso will certainly exempt
all who may livo in unhealthy localities,
from tho ravages of this disease.
Hostetter's Stomach Bitters is now
among tho most popular, and, at tho same
time, valuable specifics in tho medical
world. In recommending it to the public,
wc aro fully conscious of doing them a
great service, knowing, aa we do, their
many excellent qualities, and sure and
speedy action in all cases whero tho dis?
ease is caused by irregularity of the diges?
tive organs.
As a tonic it is both mild and ngreeablc
to the taste, and stimulating in its action
upon tho system. Oct 10 t(J
"MANHOOD."-Another New Medical
Pamphlet /rom the pen of Dr. Curtis. The
Medical Times says of this work: "This
valuable treatise on the cause und cure of
premature decline shows how health is
impaired through secret abuses of youth
and manhood, and how easily regained. It
gives a clear synopsis of tho impediments
to marriage the cause and effects of ner?
vous debility, and tho remedies tborefor."
A pocket edition of the above will bo for?
warded on receipt of 25 Cents, by ad?
dressing Dr. Curtis, No. 58 North Charles
Btreet, Baltimore, Md. May 27 ly
Burning Fluids.
pf BBL8. MACY'S KER08ENE, a safo
O light.
5 bbls. Baltimore Kerosene, 110 degrees
test, for salo at low oricea bv
Oct 10_C H. BALDWIN A CO.
COTTON GINS.
AFEW FIRST CLASS GINS, of both
Southern and Northern manufac?
ture, for sale very low, for cash, to close
out consignments.
_Oct ll ' FISHER A LOWRANCE.
OUR HOUSE RESTAURANT,
Assembly Street, Opposite the Market.
THE undersigned respectfully notifies
his patrons, and the public generally,
that ho has made arrangements to be
supplied, daily, with tho best OYSTERS
and FISH. Will also have the choice of
the Columbia Market.
Hus a commodious room for private
parties.
His LIQUORS, WINES and SUGARS
are the best.
Families can bo supplied with Oysters.
LUNCH from ll to 1 o'clock.
Give me a call.
LOOK OUT FOR TUE ll ir; LAMP.
DENNIS McGill NN IS,
Cet 9 Superintendent.
"?EW BOOKS.
H[STORY OF THE NEW SCHOOL,
and questions involved in the dis?
ruption of Presbyterian Church, in 1838.
By J. Baird, D. D.
Children with the Poets. By Harriet
Mikecvcr.
Tales of Algeria, or Life Among the
Arabs. Illustrations.
Ab-Sa-Ra-Ka, Home of ibo Crown, being
the experience of an officer's wife on the
Plain?.
Talks with a Child on tho Beatitudes.
The following new Novels:
Gold Elsie. From the German of Mar
litt.
Moonstone. By Wilkie Collins.
Dalian Galbraith. By Mrs. Davis, author
of Waiting for the Verdict, Ac, and many
other new books, at
DUFFIE A CHAPMAN'S
Oct 1 boole Store.
Salt, Salt, Salt.
pr f\(\ SACKS LIVERPOOL SALT, ex
fJVyV* tra largo size, on hand and for
sale, AT REDUCED PItlCES, by
^Sept 20 J. A T. lt. AGNEW.
COTTON.
LIBERAL CASH ADVANCES made on
COTTON consigned to JAMES W.
Tit ASK, New York, bv applying to
September bi 85 E. A O. H. Il Ol'E.
Fresh Supplies.
NEW YO BK cured pickled Pig Pork,
extra sugar cured Breakfast Strips,
Hocker's Self-ltaising Flour, new No. 1
Hay Mackerel, Piokled Salmon, Smoked
Tongues. Togethor with dally supplies of
all tho various STAPLE AND FANCY
GOODS requisite in an establishment in
tho Grocery line, which aims at keeping
tito best-and thc best is the cheapest.
Ort 1 _GEO. SYMMERH.
Woodenware and Brooms.
TUBS, Painted and Braes Bound buck?
ets, Churns, Well Buckets. Cothes
i.ins, Bung Floggers Barrel Covers, Wash
Hoards, Measures, Flour Pails, Sugar
Boxes, Lemon Squeezers, Bowls. Trays,
Kegs, Mats. Baskets, Matches, Ac, just
recolvod and for salo low by
Sept 13 _J. ft X. ll. AGNEW.
Russia Oin Bristles,
DRESSED and undressed, for sale by
FISHER A. LOWRANCE.
A MISERABLE SHAKER IS THE
Victim to Fever and Ague. Thia tedious
and enervating disease is, unfortunately,
too well known to need a description. It
is strictly a malarious disease, causod by
exhalations from the soil, especially from
marshes, swamps and newly cleared lands
encumbered with decomposing vegetable
matter. Tho chiils is ono of tho most
troublesome of maladies, as tho pationt,
though ho may not bo confined to his bed,
is incapablo of action. Tho experience of
years has demonstrated tho fact that
HOSTETTE1V8 STOMACH BITTERS is
a euro means of fortifying tho system
against all atmospheric poison, breaking
up tho paroxysms and rapidly restoring
tho strength. Quinine, which has so long
been tho great remedy for chills, has been
suporceded by this powerful and harmless
agont; while" aB a preventivo it is un?
equalled, as its uso will certainly exempt
all who may livo in unhealthy localities,
from tho ravages of this disease.
Hostetter's Stomach Bitters is now
among tho most popular, and, at tho same
time, valuable specifics in tho medical
world. In recommending it to the public,
wc aro fully conscious of doing them a
great service, knowing, aa we do, their
many excellent qualities, and sure and
speedy action in all cases whero tho dis?
ease is caused by irregularity of the diges?
tive organs.
As a tonic it is both mild and ngreeablc
to the taste, and stimulating in its action
upon tho system. Oct 10 t(J
"MANHOOD."-Another New Medical
Pamphlet /rom the pen of Dr. Curtis. The
Medical Times says of this work: "This
valuable treatise on the cause und cure of
premature decline shows how health is
impaired through secret abuses of youth
and manhood, and how easily regained. It
gives a clear synopsis of tho impediments
to marriage the cause and effects of ner?
vous debility, and tho remedies tborefor."
A pocket edition of the above will bo for?
warded on receipt of 25 Cents, by ad?
dressing Dr. Curtis, No. 58 North Charles
Btreet, Baltimore, Md. May 27 ly
Burning Fluids.
pf BBL8. MACY'S KER08ENE, a safo
O light.
5 bbls. Baltimore Kerosene, 110 degrees
test, for salo at low oricea bv
Oct 10_C H. BALDWIN A CO.
COTTON GINS.
AFEW FIRST CLASS GINS, of both
Southern and Northern manufac?
ture, for sale very low, for cash, to close
out consignments.
_Oct ll ' FISHER A LOWRANCE.
OUR HOUSE RESTAURANT,
Assembly Street, Opposite the Market.
THE undersigned respectfully notifies
his patrons, and the public generally,
that ho has made arrangements to be
supplied, daily, with tho best OYSTERS
and FISH. Will also have the choice of
the Columbia Market.
Hus a commodious room for private
parties.
His LIQUORS, WINES and SUGARS
are the best.
Families can bo supplied with Oysters.
LUNCH from ll to 1 o'clock.
Give me a call.
LOOK OUT FOR TUE ll ir; LAMP.
DENNIS McGill NN IS,
Cet 9 Superintendent.
"?EW BOOKS.
H[STORY OF THE NEW SCHOOL,
and questions involved in the dis?
ruption of Presbyterian Church, in 1838.
By J. Baird, D. D.
Children with the Poets. By Harriet
Mikecvcr.
Tales of Algeria, or Life Among the
Arabs. Illustrations.
Ab-Sa-Ra-Ka, Home of ibo Crown, being
the experience of an officer's wife on the
Plain?.
Talks with a Child on tho Beatitudes.
The following new Novels:
Gold Elsie. From the German of Mar
litt.
Moonstone. By Wilkie Collins.
Dalian Galbraith. By Mrs. Davis, author
of Waiting for the Verdict, Ac, and many
other new books, at
DUFFIE A CHAPMAN'S
Oct 1 boole Store.
Salt, Salt, Salt.
pr f\(\ SACKS LIVERPOOL SALT, ex
fJVyV* tra largo size, on hand and for
sale, AT REDUCED PItlCES, by
^Sept 20 J. A T. lt. AGNEW.
COTTON.
LIBERAL CASH ADVANCES made on
COTTON consigned to JAMES W.
Tit ASK, New York, bv applying to
September bi 85 E. A O. H. Il Ol'E.
Fresh Supplies.
NEW YO BK cured pickled Pig Pork,
extra sugar cured Breakfast Strips,
Hocker's Self-ltaising Flour, new No. 1
Hay Mackerel, Piokled Salmon, Smoked
Tongues. Togethor with dally supplies of
all tho various STAPLE AND FANCY
GOODS requisite in an establishment in
tho Grocery line, which aims at keeping
tito best-and thc best is the cheapest.
Ort 1 _GEO. SYMMERH.
Woodenware and Brooms.
TUBS, Painted and Braes Bound buck?
ets, Churns, Well Buckets. Cothes
i.ins, Bung Floggers Barrel Covers, Wash
Hoards, Measures, Flour Pails, Sugar
Boxes, Lemon Squeezers, Bowls. Trays,
Kegs, Mats. Baskets, Matches, Ac, just
recolvod and for salo low by
Sept 13 _J. ft X. ll. AGNEW.
Russia Oin Bristles,
DRESSED and undressed, for sale by
FISHER A. LOWRANCE.
-??-J*-.
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 fuir 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
?. . ' ' ii' *"*<-'';..
l
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 OP GOODS
j that belong to the trade.
Wo 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 our
linc.
R. O. SHIVER.
October 12