Historical Newspapers of South Carolina

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ill Jil ll Alii 1 tf?P9$|_1 Xlvlii^ IA. Daily Paper 88 a Year, "Lot our Just Censure ^S^SS^?fK^fmS Atten'4 th<- True Event." . Tri-Weekly 86 a Year RV TTT?.TAW A SELBY. COLUMBIA. S. C.. FRIDAY MOANING, OCTOBER 30. 1868. VOLUME IV-NO. 1?0. TUE i'UONJLX? ? UBIJBa ?UJ DALLY AND TBI-WEKXX.T. THE GLEANER, EYEBY WEDNESDAY MOBMN'Q. BY JULIAN A. SELBY, EDITOB AND. pBOPBIETOh. i Omeo OD Main atroot, a fow doors above Tayl?r,(or Camdon) street. TERMS-IN ADVANCE. 8UB8CBIFTIOS. Dailv Paper, six months.$4 00 Tri-Weekly, " " .2 50 Weekly, " ? .1 50 ADVEBT?SEMENT8 Inserted at 75 oents per square for the first insortion, and 50 cents for each subsequent. Weekly 75 cents each insortion. 49*- A liberal discount made on the abevii rates when advertisements are inserted by the month or year. AGENTS. Lexington-B. J. Hayes. Spartanburg-Hiram Mitchell. J. B. Allen, Ohestor. S. P. Kinard, Newberry C. H. -James Grant, Union. Julius Poppe, Anderson C. H. ??--*-*??--*-**-?*-----***?* B IOFFIOIAL.} Acts Passed at the Late Session ol the Legislature. AN ACT TO DEFINE THE JURISDICTION AND BEQUE-ATE THE PRACTICE OF PROBATE COURTS. I. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now mei and sitting in General Assembly, and by the autho? rity of the same, In pursuance of Sec? tion 20, of Article Iv, of the Consti? tution, a Court of Probate is hereby established in each of the several Counties in the State, which shall hold a session on the first Mondny of each month at or near tho Court House, and continuo thereafter so long as tho business may require. II. The Court of Probate shall bo a Court of record, and have a seal, may appoint a Clerk, and may re? move him nt pleasure, and on failure of the Court to. appoint such Clerk, the Judge of the Court may perform all tho duties of Clerk. III. Tho Clerk of the Court of Probate shall keep u true and fair record of each order, sentence and decree of the Court, and of all other things proper to be recorded; and on the legal fees being paid, shall give true and attested copies of the liles and proceedings of tho Court. All copies so attested shall be legal evi? dence in the Courts of this State. IV. Every Judge of Probate, ic his County, shall have jurisdiction in all matters testamentary and of ad? ministration in business appertaining to minors and the allotment of dower, cases of idiocy and lunacy, and per sons non compotes mentis. V. Tho Judge of Probate sba! have jurisdiction in relation to tin appointment and removal of guar dians of minors, insane and idiotic persons, and persons non compote, mentis, and in relation to the dutiei imposed by law on such guardians and tho management and dispositioi of tho estates of their wards. Hi shall exercise original jurisdiction ii relation to trustees appointed by wil in oases prescribed by law. VI. He may exercise jurisdictioi of all petitions for partition of rea estate, where no dispute exists in rc lation to the title thereof; and who: the title to such real estate is dispui ed, he sholl refer the same to th Circuit Court for adjudication, unlee the parties shall consent to his detei mination of the same. The probat of the will and the granting of adm: nistration of the estate of any poi eon deceased,. shall belong to th Judge of Probate for the County i whioh such person was last an inlu bitant; but if such person was nc an inhabitant of this State, the sam shall belong to the Jndge of Probal in any County in which the great? part of his or her estate may be. VII. All proceedings in relation t the settlement of the estate of an person deceased shall bo had in tl Probate Court of tho County i whioh his will was proved or adm nistration of his estate was granted VIIL All proceedings in relatic to the property or estate of any pe sons under guardianship shall be lu in the Court of Probate of the Cou ty in which the guardian was ft; pointed. IX. No Judge of Probate shall n os snob in the settlement of any c tate wherein ho is interested as he or legatee, executor or administrate or as guardian or trustee of any pc son; in every such case the Judge Probate of any adjoining Conn shall have jurisdiction, and it sh be his duty, upon application, to i tend at some term of the Court Probate in which snch oase may pending, whioh shall not interfc with the duties in his own Cou ni and hear and determine such case. X. The Judge or Clerk of the Pi bate Cotirt shall Lave power to admi? nister all oaths necessary in the trans-j action of. business before the Probate Oourt, and all oaths required by law to be administered to persons execut? ing trust under the appointment of said Court. XI. Probate Courts may issue all warrants and processes in conformity to tho rules of law which may be ne? cessary to compel the uttendauco of witnesses, or to carry into effect any order, sentence or decree of such Courts, or tho powers granted them by law. XII. If any person shall refuse or neglect to perform any order, sen? tence or decree of a Probate Court, such Court may issue a warrant, di? rected to any Sheriff or Constable in the State, requiring him to appre? hend and imprison such person in tho common jail of tho County; and if there be no jail of the County, then in the jail of the adjoining County, until he shall perform such order, sentence or decree, orbe delivered by dne course of law. Xiii. When a witness whose testi? mony is necessary to be used before any Probate Conrt shall reside out ol this State, (or more than thirty miles from the placo of holding Court,) 01 by reason of age or bodily infirmity shall be unable to attend in person, the Court may issue a commission tc one or more competent persons tc take the testimony of such witness and depositions taken according tc the provisions of the law for taking depositions to be used on tho trial o: civil causes, may bo used on the tria of any question before the Probate Court, where such testimouy may I? proper. XIV. When any Probate Cour shall have first taken cognizance o the settlement of tho estate of a de ceased person, such Court shall havi jurisdiction of the disposition nut settlement of all the estate of sucl deceased person, to the exclusion o all other Probate Courts. XV. The jurisdiction assumed b; any Probato Court in any case, so fa aa it depends on the place of resi dence or the location of his estate shall not be contested in any suit o proceeding whatever, except in a appeal from the Probate Court in th original case, or when tho want c jurisdiction appears on tho record. XVI. When by law a guardian i required to bo appointed of a mino: who is interested as heir or legate* or representative of such heir or legi tee, in any estate which is in a cours of settlement, such guardian shall I appointed by tho Probato Court f( which Bach estate is in conreo of se tloment; but afterwards, if themin? shall resido in another County, ar is of the ago of fourteen years, 1 may choose and have a guardian a pointed in the County whero he sin reside; and, in that caso, tho powe of the first guardion shall cease. ] all other cases ginini i ?ms shall bo a pointed by tho Probato Conrt of tl County whero tho person for who the guardian shall be appointed ?hi reside. XVII. The Probate Court by whi a guardian shall bc appointed sh; have jurisdiction of thc estate of t ward, and shall bo alone authoriz to permit tho salo of such estate, ai settlo suoh guardian's accounts. XVIII. Except, as provided in t first Section, the Probate Court each County shall appoint such tin and places for holding courts as sh bo judged most convenient for persons interested, and shall gi notice of such times and places one or more newspapers circulati in the County. XIX. The Probate Court shall deemed open at all times for t transaction of ordinary busine which may be necessary when p vious notice is not required to given to the persons interested. , XX. A Probate Court may be i jdhirned, as occasion may requi and when the Judge ia absent at time for holding a Conrt the Cl may adjourn it. XXI. The Circuit Court shall hi appellate jurisdiction of all matt originally within tho jurisdiction tho Probate Court. XXII. The Supreme Court si have jurisdiction of all questions law arising in the courso of tho f ceedings of tho Circuit Court in r. bato matters, in tho samo manne: provided by law in other cases. XXIII. Any person interested any order, sentence or decree of Probate Court, and considering h self injured thereby, may ap| therefrom to the tiirouit Court the same County, at the stated sion next after suoh appeal, and s appeal shall be granted by tho 1 bato Court, if application be m and filed in tho Clerk's office wil fifteen days from the date of the cisi?n appealed from. XXIV. In nil cA8es of appeal from tlie proceedings of the Probate Conrt, before such appeal shall be allowed, the person appealing shall give a bond to tho satisfaction of the Probate Court, with a condition that he shall prosecute such appeal to effect, and pay all intervening damages and costs occasioned by such appeal. .XXY. In all cases of appeal, the appellant shall lile in tho Probate of? fice bis grounds of appeal, and cause a copy thereof to bo served on the adverse party at least twelve days be? fore tho time when tho appeal is to be entered in the Circuit Court. XXVI. The person appealing shall procure and file in tho Circuit Court to which such appeal is granted, a certified copy of the record of tho proceedings appealed from, of the application and grounds for the ap? peal filed in tho Probate Court, and of the allowance of the same, to? gether with the proper evidence that notice has beon given to the adverse party according to law. XXVn. "When an appeal, accord? ing to law, is allowed by the Probate Court, all proceedings in pursuance of the order, sentence or decree ap? pealed from, shall ceaso until the judgment of the Circuit or Snpreme Court is had; but if tho appellant, in writing, waives his appeal before thc entry thereof, proceedings may b( had in the Probato Court as if no ap peal had been taken. XXVIII. When such certified copj shall havo been filed iu tho Circuit Court, such Court shall proceed t( the trial and determination of th? question according to tho rules o law; and if there shall be any quos tiou of fact or title to land to be de cided, issue may be joined thereor under tho direction of the Court, au( a trial thereof had by jury. XXIX. Thu Circuit Court or Su prc tue Court, as tho caso muy be may tax cost? for the patty who shal prevail; or when, in the|opinion o the Court, justice shall require it, th Court may deny such costs, and ma; tax costs for either party; and i costs be taxed against an executor o administrator, the same shall be a lowed to him in his administrator account. XXX. If the person nppealin from thc proceedings of the Probat Court, as provided in this Act, sha neglect to enter his appeal, tho Cii cuit Court to which such appeal sha bo taken, on motion, and producta attested copies of such appeal by tl adverse party, shall uffirm the pr< ceedings appealed from, und mi allow costs against the appellant. XXXI. Tho final decision ar judgment in cases appealed, as her inbefore provided, shall be certifii to tho Probate Court by the Circt Court or Supreme Court, as tho ca may bo, and the same proceeding shall be had in tho Probate Court though such decision had been mat in such Probate Court. XXXLT. No Judge of any Probt Court shall bo admitted, to have a voice in judging or determining a appeal from his decision, or be p< mitted to act as attorney or conn: thereon, or receive fees as counsel any matter pending in tho Prob) Court of which he is Judge: P tided, It shall be lawful for Judges Probate to practice law in otl Courts in such cases as aro not cc nizable in Court of Probate. XXXIII. All proceedings in 1 Court of Probate shall be comment by petition to the Judge of Prob for the County to whom the jariad tiou of the subject matter beloo briefly setting forth the facts grounds of the application. XXXrV. The Supreme Court m from time to time, make rules re latin g tho practice and conduct tho business in the Courts of Prol in all cases not expressly provi for by law. XXXV. Tho County Commissi ers of each County shall provide books necessary for keeping the cords, and all printed blanks stationery used in proceedings in Courts of Probate; also, a seal necessary office furniture. XXXVI. Tho Judgo may k order in Court, and punish any < tempt of his authority in like n nor as such contempt might bo \ ished in the Circuit or Supr Court. XXXVII. When costs are awan to bo pwid by one party to the ot in the Courts of Probate, said Cc may issue execution therefor in manner as ia practiced in tho Co of common law; and when no i for a warrant or process is proser by statute or rules of Court, hoi frame one in conformity to the 1 of law, and the usual course of ceedings in this State. Any St or Constable in th? State shall cate the orders or processes of Court in the same manner aa orders or processes of the Circuit or Supremo Courts. XXXVHL The Judge of the Pro? bate Court may commit to tho Luna? tic Asylum any idiot, lunatic or person non compos mentis, 'who, in his opi? nion, is so furiously mad as to render it manifestly dangerous to the pence and safety of the community that ho or she should be at large; and also, in all such other cases provided by law. In nil cases the Judge shall certify io what pince tho said person or persons resided at the timo of the commitment, and such certificate shall bo conclusive evidence of such residence. . XXXIX. All laws and parts of laws of the late Provisional Government of Sooth Carolina relative to tho powers, duties, and course of pro? cedure of the Coarts of Ordioary and Equity, os for os the jurisdiction of said Courts is herein conferred on the Courts of Probate, not inconsist? ent with the Constitution and this Act, or supplied by it, are hereby adopted and deolared to bo of force, and applicable to the Courts of Pro? bate. All files, records and property of, or pertaining to, said Courts of Ordinary aro forthwith, upon tho qualification of tho Judges of Pro? bate elected iu the several Counties, required to bo transferred to tho Courts of Probate established by this Act for snid Counties. A receipt shall bo given for said records and proper? ty by the several Judges of Probate, and a copy thereof shall bo entered upon tho records of their respective Courts. In tho Seunto House, the twenty first day of September, in the , year of our Lord ono thousand j eight huudred and sixty-eight. f L. BOOZER, President of the Senate. F. J. MOSES, Ju., Speaker House of Representatives, t Approved: 1 R. K. SCOTT, Governor. \ SPECIAL NOTICES. ; A MISERABLE: SHAKER IS THE: ?j Victim to Fever and Ague. This tedious t and enervating disease is, unfortunately, e too wc" known to ueed a description. It ia strictly a malarious disease, caused by exhalations from tho soil, especially from marshes, swamps and newly cleared lands encumbered with decomposing vegetable matter. Tho chilla is one of thc most g troublesome of maladies, as thc patient, t though ho may not he coniincd to his bed, j is incapablo of action. The experience of j years has demonstrated tho fact that * HOSTETTER'S STOMACH BITTERS is . a sure means of fortifying the system J against all atmospheric poison, breaking np tho paroxysms and rapidly restoring ? the strength. Quinine, which has so long . been the great remedy for chills, has boon superooded by this powerful ami harmless a agent; while as a prevontivo it is un- t equalled, as its use will certainly exompt 1 all who may livo in unhealthy localities, , from tho ravages of this disease. c iioatetter's Stomach Ritters ia now ? among thc most popular, aud, at tho same 1 time, valuablo specifics in the medical 1 world. In recommending it to the public, 1 wo aro fully conscious of doing them a i great service, Knowing, as wo do, their i many excellent qnalities, and sure and < speedy action in all cases where tho dis? ease is caused by irregularity of tho diges? tive organs. As a tonio it is both mild and agreeable to tho taste, and stimulating in its action i upon the system. Oct IC tG ?M.\NHOOD."-Anothor New Medical J Pamphlet from tho pen of Dr. Curtis. The Medical Times says of this work: "This . valuable treatise on tho cause and cure of premature docliue shows how health is impaired through secret abuses of youth t and manhood, and how easily regained. It 1 givea a clear synopsis of tho impediments . to marriago, tho cause and effects of nor- { vous debility, and the remedies therefor." 1 A pocket edition of tho above will be for- J warded on receipt of 25 Cents, by ad- ( dressing Dr. Curtis, No. 58 North Charles t street, Baltimore, Md. May 27 ly f DIRECT IMPORTATION Ol' Earthenware. (HEBT THE subscriber has just received J^r^from tho potteries, in England, his my*nnn1v of WHITE GRANITE and COMMON EARTHENWARE for the fall trade. Country doaloru and house? keepers aro invited to examin? his stock. ALSO, A full stock of White and Gold Band DIN? NER and TEA WARE, and Fancy CHINA WARE. ALSO, FRENCH, BOHEMIAN AND AMERICAN 1 GLASSWARE, With a complote assortment of SILVER PLATED GOODS, TABLE CUTLERY, JA? PANNED and PLANISHED WARE, and HOUSE-FURNISHING GOODS. Oct 22 X 13 WM. B. STAPfLKY. Candles and Soap. 1 AA BOXES ADAMANTINE AND I \ M_# BPttRM CANDLES, 75 boxes Superfine Washing and Toilet Soaps. For sale low by September 16 E. A G. D. HOPE. TO BE INSURED WITH H. E. NICHOLS & CO., IS A POSITIVE GUARANTEE! ; SINCE the war. wo have paid to onr citizens, for Losses by Eire, about NINKTY TWO THOUSAND DOLLARS. Having thus saved that large sum to a community too reduced lo lone it, we stand roady to save moro; and we submit that the comfort and protection of tho TWENTY MILLIONS OP DOLLARS wo represent, is more than worth tho Btnall outlay tieccaaary to Becuro it. INSURE AND BE SAFE-FIRES WIIJL, HAPPEN. Wo represent tho following Companies, all of which occupy the very first rank in the inanrance world: H,UEEN. of Liverpool ??ntl L???ti?sr..?Amet?, 310,000,000 In Gola. UNDERWUlTEttS' AOEXCY, of Xtw York. ? 3,300,000 SECURITY, ?. ? _ " 1,500,000 VORTH AMERICAN, ?* ? . ? T0O,00O HOME, of New Haven. " ?,000,000 PUTNAM, of Hartford. . ?. 700,000 UNION, of Baltimore. .? 500,000 GEORGIA HOSIE, of Columbus, Georgia. " 400,000 ALBEMARLE, of Charlottesville, Virginia. ti 400,000 SOUTHERN MUTUAL, or Athens, Georgia. N 400,000 H. E. NICHOLS & CO., Agents, OFFICE OVER AGNEW'S, COLUMBIA, 8. 0. Charleston Advertisements. WOOL, WOOL, WOOL. K AAf\ LBS- Clean Washed WOOL. L/?v_/V/v/ wanted, for which wo will 3ay 40 cents per pound, and upwards, ac :ording to quality and quantity. Clean inwashed 28 cents, delivered at depot in Charleston. MOSES GOLDSMITH &. SON. _ 0ct 13_Imo WINTHROP B. WILLIAMS^ COTTON FACTOR and COMMISSION MERCHANT, Accommodation Wharf, Charleston, S. C._Sept 3 5mo CHARLESTON HOTEL, Cil A Ii LES TON, S. C. THE undersigned having 7" taken charge of tho above well-known HOTEL, re _ spectfnUy informs his rienda and tho traveling public that it has ?cen REFURNISHED, tn all of its depart? ments. Tho tablo will, at all times, bo upplicd with tho best tho Markot affords, ucluding every delicacy in season, while he cuisine will bo unexceptionable. Tho lath Rooms attached to tho Hotel are sup died with tho celebrated Artesian Water, nd Hot, Cold or Shower Baths can bo ob aincd at any time. Tho samo attention rill bc paid to the comfort of tho guests s heretofore, and travelers can rely upon lading the Charleston Hotel equal to any Q the United Status. The patronage of ho traveling public is respectfully solicit d. J. P. HORBACH, Agent. Jan ll Smo Proprietor. THE CAROLINA HOUSE, ?Q LOCATED on Washington Btroet, in next to Brennen A Carroll's, is now under tho sole proprietorship of the tndersigned. The best of evorything,?in he way of WINES, LIQUORS, ALE, SE iARS, TOBACCO, etc., kept on La?d. JUNCH every day at ll o'clock. Give lim a call, and tebt the correctness of the issertion made above. Juno 19_ RICHARD BARRY. Jtate South Carolina-Richland Oo. IN THE COURT OE PROBATE, [ly William Hutton Wigg, Judge of Pro? bate in Riefdana County. WHEREAS, CELIA ANN HENDRIX hath applied to me for letters of idministration on the Estate of THOMP? SON HENDRIX, lalo of Richland, de ?eased, Those are, therefore, to cite and adrao lisb all and singular the kindred and crc litors of the said deceased, to be and ippoar before me, at a Court cf Probate or the said County, t<> bo holden at Co? rnubia, on tho ninth day of November, 1808, at 10 o'clock A. M., to show cause, f any, why the said administration should lot bo granted. 3ivon under my hand and seal of the Court, this twenty-third day of October, A. D. 1808, aud in tho ninety-third year of Amoricau independence. W. HUTSON WIGG, Tndge Probate Court, Richland County. October 24 _s2_ State South Carolina-Richland Co. IN THE COURT OF PROBATE. By William Hutnon Wigg, Judge of Pro? bate in Richland County. WHEREAS, SAMUEL GREEN hath applied to me for letters of adminis ration on the estate or JACOB RIFE, ato of Richland, decoasod, These are, therefore, to cite and admon? ish all and singular tho kindred and credi ors of the said deceased, to be and appear .eforo ms, at a Court of Probate fur the laid County, to bo holden at Columbia, on he sixth day of November, 18G8, at 10 /clock A. M., to show cause, if any, why ho said administration should not be rranted. liven under my hand and the seal of the Court, this twenty-third day of October, A. D. 1808, and in tho ninety-third year of American independence. W. HUTSON WIGG, Judge of Probate Court, Richland Co. October 24_H2 HENRY TAHIR, FRENCH PAINTER. HOUSE PAINTING and Decorating, P&per ?????|^ Hanging, Ac, executed with neatness and despatch. ALSO, PLASTERING and general Houso Be? miring. Office on Boundary street, one ignaro East of Main._ July 26 _ Wrapping Paper. REAMS Grocer's WRAPPING PAPER for salo at New York E. A G. D. HOPE. 100 Stanley's Celebrated Cough Syrup, [S still a great remedy, a.id very popular among the people.' For twenty-flv? cir5. it imo bc-eu l:r.o~n to cure more Conghs than any other remedy. For salo by FISHER A HE?NIT8H, Oct 22 t Druggists. FISHER & LOWRANCE. COLUMBIA. S. C. Carriage Materials. CsoFrS&flr lia-i o largely increased gg?*g^g*p-our stock of CARRIAGE MA -7~. TERIAL8, and now offer tho best selected stock, tho greatest varioty and at tho lowest prices to be fouud in the city. Our prices aro lower than tho same gooda can ho purchased in Charleston. We have also opened a handsomo assort - ment ol Harness Mountings, which wo offer at our usual low prices for cash. _ 8optember_19__J. & T. R. AGNEW. JAMES CONNER'S SONS United States Type Foundry NAND PRINTER'S WAREHOUSE. OS. 28, 30 and 32 Centre Btreot, ?corner of Reade street,) N?w York. Tho typo o o a a i-K. ooo cr 3 cf rt pf * 2 <=> sf SJ- si ? a ^ o o o H O tH M M M Cc*. ffi k-i O Z w g <j 2 2 2 ^ W M w o ^ H !> O g M g F i III I o S I fe 1,1 s Is?tt li. ? Plfell a fe ^ ?-a -S i " SI e g I ;S ? i i 3 * s g B-* S co ?< W ?? . ' ^ o aro. H y C i i I .H tr1 ?. S rr* ^ fe g r> B ^ ^ g I e M * INDUSTRIAL ASSOCIATION. JUST received, now patterns of Dresses, Sacques, Capes and Overalls. Also, new Hoop Skirts._August 23 Fresh Crackers, Cheese, Butter, ?kc. 2K BARRELS FRE8H CRACKERS, *J consisting of Soda Biscuit, Sugar Crackers. Egg Biscuit, Butter Crackers, Cream Crackers and Ginger Sohuapps, 10 kegs Choico Godion Butter, 25 boxes Primo Cheese, 100 Choico Sugar-Cured Hams, Together with a fresh supply of Rio Java and Lagnyra Coffees, Musoovado, Porto Rico and Rofinod Sugars, Candios Soaps. Canned Frnits Pickles, Extraota Tobacco, Segare, Ac. For sale at our usual low pri?es. J. Sc T. lt. AON KW. RICE! RICE'.! 9 ffi$F% 0F , P,RIM,E CAROLINA ?J RICE. For ?ale low for cash An-UHt 8 FISHERrALQWRlypg. THOMAS & BELL, ll VIII) ERN A ND CONTRA CTO RS A LL work in tho department of mc. ha ?\. meal construction executed with promptness and skill. J. P. THOMAS. j c ?ptr June 17 *...?. ?BMK SerofMla or KlH?rs IStrll.ti cured by Russia Gin Bristle^ DRESSED and undressed, for sale bv _ _ FISHER St LOWRANCE. D. W. HAWTHORNE, _ J?*%?. *r<? (XfoMgiion Merchant, TTTALHALLA. S. C., and Hone? Path, TT 8. C., will attend to all business entrusted to his care at either place. August 13