The daily phoenix. (Columbia, S.C.) 1865-1878, November 04, 1868, Image 1

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. THE DAILY j(?|^PHffiill. Daily Paper $8 a Year. "Let our Just Censure ^^^^S^^?^Sf^T Attend tho True Event." Tri-Weekly $6 a Year BY JULIAN A. SELBY. COLUMBIA. S. C.. WEDNESDAY MORNING. NOVEMBER 4, 1868. VOLUME IV-NO 10i THE PHOENIX. yUDLISIIED DAILY AOS TKT-WT.EKLT. THE GLEANER. F.vrr.Y v.T. p.vi: s PAY MORNING. BY JULIAN A. SELBY, EDITOR AND PROPRIETOR. Office on Main street, a few door? above Taylor (or Camden) street. TERMS-IN ADVANCE. SUBSOBIJtTION. Daily Paper, six months.$4 00 Tri-Weekly, ?? .? . 2 50 Weekly, " " . 1 50 AD 7ERTI8EMENT8 Inserted at 75 centa per sqnarc for the first Insertion, and 50 conto for each subsequent. Weekly 75 cents each insertion. t&T A liberal discount made on the abov<\ rates tehen advertisements are inset-ted by the rt\onth or year. AOEKTS. Lexington-B. J. Hayes. Spartanburg-Hiram Mitchell. J. R. Allon, Chester. _ 8. P. Kinard, Newberry C. H. -. .James Grant, Union. Jahns Poppe, Anderson C. H. [OFFICIAL.] Acts Passed at the Late Session oi the Legislature. AN ACT TO BEGTJIiATE THE MANNER OF DRAWING JUMES. 1. De it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the au tJiorily of the same, All persons who ' are qualified to vote in tho choice of Representatives in the General As? sembly shall be liable to bo drawn and serve as jurors, except as herein? after provided. LT. Tho following persons shall be exempt from- serving as jurors, to wit: the Governor, Lieuteuant-Go vernor, Attorney-General, Comp? troller-General, State Auditor, State Treasurer, Secretary of State, mem? bers and officers of the Senate and House of Representatives during the session of the General Assembly, Judges and Justices of any Court, (except Justices of tho Peace,) Coun? ty Commissioners, County Auditors and Treasurers, Clerks of Courts, Registers of Mesne Conveyances, Sheriffs and their deputies, Coroners, Constables, the Marshals of the United States and their deputies, and all other officers of the United States, counsellors and attorneys at law, or? dained ministers of the Gospel, offi? cers of colleges, preceptors and teach? ers of incorporated (academies, prac? ticing physicians and surgeons regu? larly licensed, cashiers and tellers of incorporated banks, editors of daily newspapers, constant ferrymen, such officers and employees of railroads as are now exempt by law, and persons who are more than sixty-five years old. . ILL No person shall be liable to be drawn and serve as a juror in any Court oftener than once in every Jjyear, but he shall not be so exempt unless ho actually attends nnd serves as a juror in pursuance of tho draft: Provided, No persou shall be exempt from serving ona jury in any other Court in. consequence of his having served before a Justice of the Pence. IV. Tho Selectmen of each town shall once in every year prepare a list of snob inhabitants of the town not absolutely exempt, as they think well qualified? to serve ns jurors, being persons of good moral character, of sound judgment, and free from all legal exceptions; which list shall in? clude not less than ono for every twenty voters of the town, and not more than one for every ton voters, computing by tho first registration after the passage of this Act, and thereafter in each year computing by the last registration. V. The list, when so prepared, shall be posted up by the Selectmen in two public places in the town or city ten days at least before it is sub? mitted for revision and acceptance, and shall then be laid before any re? gularly called town meeting; and the town meeting may alter it by adding the names of any person liable to serve or striking any names there? from. VI. Of the list adopted by tho town, the Selectmen shall cause the names to be written each on a sepa? rate paper or ballot, and shall roll up or fold the ballets so as to resemble each other as much as possible and so that the name written thereon shall not be visible on the outside, and they shall place the ballots in a box to be kept Dy the Town Clerk for that purpose. VIL If any person, whose name is so placed in the jury box, is convict? ed of any scandalous crime, cr is guilty of any gross immorality, his name shall be. withdrawn therefrom by the Selectmen, and he shall not be returned as a juror. VIII. The County Clerks in each County, at least fifteen days before the commencement of any regular term of tho Court of General Ses? sions of the County, and ten days before any epecinl session requiring a jury, and in the County of Charles? ton like p?riode before tho first of each alternate week of the Court of Common Pleas, and at such other ? times as tho respective Courts may ordor, shallissue write of ven i ye facias for jurors, and shall therein require the attendance of jurois on the first day of the term, and for the Court of Common Pleas for tho County of Charleston on the first and each alter? nate week thereafter, and such other days os the Courts may order. The petit jurors returned for the Court of General Sessions for Charleston County shall serve for the term, and the jurors returned for tho Court of Common Pleas for two weeks. IX. The Clerks in issuing the ve? nires shall require from each town and city a number of jurors ns nearly as may be in proportion to their re? spective number of inhabitants, BO OS to equalize, as far as possible, the duty of serving as jurors. X. The rentres shall be delivered to the Sheriff of tho Connty, and by him transmitted to a Constable in each of the towns and cities to which they are respectively issued, and they shall be served by tho Constable with? out delay on the Selectmen and Town Clerk. XI. Nothing contained in the pro ceding Sections shall prevent any Court from issuing venires for addi? tional jurors in term time, who never it is necessary for the convenient despatch of their business; in which caso tho venires shall be served and returned, and the jurors required to attend on such days os the Court sholl direct. XII. Wheu a suit is peudiug in thc Circuit Court, wherein tho inhabi? tants of nny town in the Connty are interested, the Judge of the Court, in term lime or in vacation, maj order tho Clerk of the Court to issui writs of venire facias for a sufficieni number of jurors to try such cause from any town whose inhabitants un not so interested, and tho Clerk shal issue a venire facias accordingly. XIII. All jurors, whether requirec to serve on grand or petit jury, shal be selected by drawing ballots fron the jury box, and the pert is whoRi names aro borne on the ballots s< drawn shall be returned to serve n jurors. XIV. Whou jurors are to be s< drawn the Town Clerk and Select men shall attend at tho Clerk's office or some other public place appointe! for tho purpose, and if the Clerk i absent the Selectmen may proceei without him. The balance in the jur box shall be shaken and mixed tc gether, and one of the Selectmen without seeing the names writte thereor, shall openly draw therefrot a number of bullots equal to th number of jurors reqnired. If a pei sou so drawn is exempt by law, ov i unable by reason of sickness or ubsenc from home to attend as a juror, or ; he has served ns a juror in any Com within the year then next preceding his name shall he returned into th box, and another drawn in his stem' XV. When a person is drawn an returned to serve as a juror in nn Court the Selectmen shall endon on the ballot, tho date of tho draf and return it into the box; and wbei over there is a revision and renewi of tho ballots in tho box the Selec mon shall transfer to the new hallo the date of all the drafts made withi the year then next precoding. XVI. Any town may, at a leg meeting, order that all drafts for ji rora therein shall be made in ope town meetiug; in which case tho drn shall bo made by the Selectmen the manner prescribed in the two pr ceding Sections, except that it sin be done in town meeting. In sm town when a venire is served up< the Selectmen, they shall cause town meeting to be notified ni warned for that purpose, in tho ma ner ordered by the town orotherwi prescribed by law. XVII. The meeting for drawii jurors, whether the draft is made town meeting or before the Seleotm and Town Clerk only, shall be in not less than seven nor moro tb fifteen days before the day when t jarors are required to attend. XVIII. The Constable shall, least four days before the time wh tho jurors are required to atter summon each person who is dra by reading to him the venire with i endorsement thereon of his havii been drawn, or by leaving at his ph of nbodo a written notification of , having been drawn, and of the ti and place of the sitting of the Co at which he in to attend, and si make return of the venire, with doings thereon, to tho Clerk bef opening or timo of holding the Co from wbicb it issued. XIX. A list of jurors in cities shall be prepared and posted therein, by the Mayor and Aldermen, in like manner us required of Selectmen ; and when posted for ten days shall be submitted to the Mayor and Alder? men, who shall have power to revise and accept the same. XX. Tho Mnyor and Aldermen and the Clerks of each city shall severally havo and exercise all the powers and duties with regard to drawing, and all other matters relat iug to jurors therein, which are in this Act required to bo performed by the Selectmen and Town Clerks of their respective towns; and all venires for jurors to be returned from cities shall be served on the Mayor and Al? dermen. XXI. On tho day when the jurors are summoned to attend at any Court, the Clerk shall prepare a list of their names arranged in alphabetical order. The first twelve on the list who nre not excused, shall be sworn and em pan neled ns a jury for the trial of causes, and shall be called the first jury. The next twelve on tho list shall then bo sworn and empanneled in like munuer, and shall bo called the second jury. . XXII. Supernumerary jurors may be excused from time to time until wanted and may be put on either ol the juries, us occasion requires, in thc place of absentees. Nothing herein contained shall prevent the transfer? ring of jurors from one jury to th< other when tho convenience of tin Court or of the jurors require it. XXIII. Each jury after being thm empanneled shall retire and choosi their foreman, or shall nuke sud choco upon retiring with the firs cause with which they are charged and whenever tho foreman is nbsen or excused from further service, i new foreman shall be chosen in Uki manuel-. XXIV. Nothing coutaiued in th preceding Sections shall apply to th empnnneling of juries in crimina cases; but tho jurors shall be called sworn and empanneled anew for th trial of each case, according to th established practice, and their fort man shall be appointed by the Courl or by the jury when they retire t consider their verdict. XXV. When by reason of cha leuge or otherwise, a sufficient nun ber of jurors duly drawn and sun moued cannot bo obtained for th trial of any cause, civil or crimina the Court shall cause jurors to bo r< turned from the by-stauders or froi tho County nt large, to complete tl panel: Provided, That there are c tho jury not less than seven of tl: jurors who were originally drawn au summoned as before provided. XXVI. The jurors so returned froi the by-standers shall be returned t tho Sheriff or his Deputy, or by Coroner, or b3T any disinterested pe sou appointed therefor by tho Com and shall be such as are qualified ai liable to be drawn as jurors uccordii to the provisions of law. XXVII. The Court shall, ou m tiou of either party in a snit, examii on oath any person who is call< juror therein, to know whether ho related to either party, or has any i tercet in the cause, or has expresa or formed any opinion, or is sensil of any bias or prejudice therein; ai the party objecting to the juror m introduce auy other competent e1 deuce in support of the objection, it appears to the Court that the jur is not indifferent in the cause, n other shall be called and placed in 1 stead for tho trial of that causo. XXVIII. In indictments and pei actions of or the recovery of a sum money or other thing forfeited, shiill not be a cause of challengo t( juror that ho is liable to pay taxes any County, city or town which w be benefitted by such recovery. XXIX. If a party knows of uny ( jection to a juror in season topropi it before the trial and omits to do ho .shall not afterwards be allowed make tho same objection unless leavo of the Court. XXX. No irregularity in any v ot venire facias, or in tho drawi: summoning, returning or empant ing of jurors shall be sufficient to aside a verdict, unless the party m ing the objecttion was injured by irregularity, or unless tho object was made bofore the returning of verdict. XXXI. If either party in a cos? which a verdict is returned, dur the same term of the Court, be! tho trial, gives to any of the jut who try the cause anything by i of treat or gratuity, the Court rn on the motion of tho adverse pa: set asido the verdict aud award a i trial of the cause. XXXIT. When a jury, after i and thorough deliberation upon cause, return into Court without 1 ing ?greed upon a verdict, the C< may state anew the evidence, or any part of it, and explain to them anew the law applicable to tho case, and may Bend them out for further deli? beration ; but if they return a second time without having agreed upon a verdict, they 8hnll not be sent out again without their own consent, un? ices they shall ask from tho Court somo further explanation of the law. XXXIII. The jury in any case may, at the request of either party, be taken to view the placo or premis? es in question, or any property, mat? ter or thing relating to the contro? versy between tho parties, when it appears to the Court that such view is necessary to a just decision: Pro? vided, Tho party making tho motion advances a sum sufficient to pay tho expenses of the jury and the officers who attend them in taking the view, which expenses shall be afterwards taxed like other legal costs, if the party who advanced them prevails in the suit. XXXrV. If a person duly drawn and summoned to attend ns a juror in any Court neglects to attend, with? out sufficient excuse, ho shall pay a fine not exceeding twenty dollars; which shall be imposed by the Court to which the juror was summoned, and shrill be paid into the County Treasury. XXXV. When by neglect of any of the duties required in this Act to be performed by any of the officers or persons herein mentioned, the jurors to be returned from any place aro not duly drawn and summoned to attend tho Court, every person guilty of such neglect shall paya ?iuo not exceeding twenty dollars, to be imposed by the samo Court to the use of the County in which the of? fence was committed. XXXVI. If auy City or Town Clerk, Selectman, Mayor or Alder? man is guilty of fraud, either by practicing on tho jury box previous? ly to a draft, or in drawing a juror, or in returning into the box tho name of any juror which had been lawful? ly drawn out, and drawing or substi? tuting another in his stead, or in any other way in tho drawing of jurors, ho shall be punished by a fine not exceeding five hundred dollars. XXXVII. Nothing contained in this Act Bhall affect the power and duty of Coroners, Magistrates or Justices of the Peace to Bummon and empannel jurors, when authorized by other provisions of law. XXXVUI. The Clerk of the Court of General Sessions for each County, not less than fifteen days before tho commencement of tho first term of the Court in each year, shall issue writs of venire /acias in each County for eighteen grand jurors to be re? turned to that Court, who shall be held to servo at each term thereof throughout tho year, and uutil an? other grand jury is empannehd in their stead. XXXIX. Grand jurors Khali bo ] drawn, summoned hud returned in the same manner as jurors for trials; and when drawn at the same time as jurors for trials, tho persons whose names are first drawn, to the number required, shall be returned as grand jurors, and those afterwards drawn shall be jurors for trials. XL. In case of deficiency of grand jurors in any Court, writs of venire facias may bo issued to the Consta? bles of stich cities or towns as tho Court may direct to return forth? with such further number of grand jurors as may be required. XLI. No more than thirty-ono per? sons to serve as petit jurors shall be drawn nnd summoned to attend, at one and tho samo time, any Court, unless the Court shall otherwise order. XLII. This Act shall take effect from and after tho organization of tho townships under the Act entitled "Au Act to define tho jurisdiction of County Commissioners," except tho Sections from twenty-one to thirty four, both numbers inclusive, which shall tuke effect immediately. In tho Senate House, the twenty sixth day of September, in the year of our Loni ono thousand eight hundred and sixty-eight. Li. BOOZER, President of the Senate. P. J. MOSES, Jr.., Speaker Hoose of Representatives. Approved : R. K. SCOTT. Governor. Fresh Craokers, Cheese, Butter, &o. 2fr BARRELS FRESH CRACKERS, O consisting of Soda Biscuit, Sugar Crackers. Egg Ri ? nit, Butter Crackers, Crt; 1. < i ackers and Oinger Schnapps, 10 kegs Choico Onsheri Batter, 25 boxes Prime Choeeo, 100 Choico Sugar-Cured Hams, Together with a frosh supply of Rio, Java and Lagnyra Coffees, Muscovado, Porto Rico and Refined Sugars, Candles, Soaps, Canned Fruits, Pickles, Extracts. Tobacco, Scgars, .Vc. For sale at our usual low price?. J. i T. R. AGNEW. SPECIAL NOTICES. UNIMPEACHABLE. - Indigestion the moat fruitful generator of diaeaao, so common aa not to bo considered dangor OUH-Blondy and surely saps tho founda? tion of health; for, with impaired diges? tion, it is impossible for food to afford strength to tho system. Dyspepsia inva? riably follows this disease, and dyspeptics owo all their Bufferings to indigestion. Nervous and sick headache also spring from derangement of tho digestivo organs. Persons of sedentary habits frequently suffer from these evils, which are attended with a nervous irritability of temper, ex? tremely unpleasant to others and a source of misery to themselves. HOSTETTEll'S STOMACH BITTERS has been found the safest and best mcauB of removing all di? gestivo obstructions, as well as bracing up tho failing system. Those whoBO occupa? tions aro mental recognizo in this prepa? ration the perfection of medical skill, UH it soothes tho excited brain, headache disap? pears nuder ita potent charm and the pa? tient rapidly regains health and strength by its restoring power. To tho aged, us well aB dolicato ladies and children, it is admirably suited, BB it possesses tho qua? lity of invigorating without excitement or re-action. An immense amount of unimpeachablo evidenco can be produced to provo that Hostetter's Stomach Bitters is unequalled for its prompt and ever reliable action in alleviating and curing all diseases of the stomach. Its superior excellence and con? sequent renown is readily accounted for, from tho well-known fact that it is made under thc personal supervision of tho pro? prietors, in strict aecordanco with phar? maceutic science. Nov 1 td ?'-HANHOOD."-Another New Medical Pamphlet from tho i>en of Dr. Curtis. Tho Medical Times says of this work: "This valuable treatise on tho cause and euro 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 the remedies therefor." A pocket edition of tho above will be for? warded on receipt of 25 Cents, by ad? dressing Dr. Curtis, No. 58 North Charles street, Baltimore, Md. May 27 ly COLUMBIA RESTAURANT. ~ WE have remodeled our RESTAU? RANT. Will daily receive OYS? TERS, Fish, Game, Venison, Ac,of choice quality. Our motto shall bc punctual at? tendance, moderate prices, and a desire to please all. As usual, our WINES, Li? quors, Segars, &c., aro of tho best. Give us a call and judge for yourself. LUNCH from ll to 1 o'clock. JOHN CROWLEY A CO., Opposito South End of Market. Oct 29 48mo OUR HOUSE RESTAURANT^ Assembly Street, Opposite the Market. THE undersigned respectfully notifies his patrons, and the puVdio generally, that ho has made arrangements to bo supplied, daily, with the best OYSTERS and FISH. Will also have the choice of ] the Columbia Market. Has a commodious room or private parties. His LIQUORS, WISES and SUGARS aro the bent. Families eau be supplied with Oystcri LUNCH fruin ll to 1 o'clock. (Jive me a call. LOOK OUT FOR THE mc LAMP. DENNIS McGUlNNIS, Cet '.' Superintendent. THE CAROLINA HOUSE, LOCATED on Washington street, [next to brennen & Carroll's, is now under tho solo proprietorship of tho undersigned. Tho best of everything, in tho wav of WINES, LIQUORS, ALE, BE? GAUS, ' TOBACCO, etc., kopt on hand. LUNCH every day at ll o'clock. Give him a call, and test the correctness of tho assertion made above. June 1!) RICHARD BARRY^ EXCHANGE RESTAURANT, Camden Street, rear of Gregg's China Store. J. (LEXDIX1NO, - - - Proprietor. * ?* AVING thoronghlv fitted up the above establishment as" a RESTAURANT, I am prepared to furnish visitors with tho best of EATABLES and DRINKABLES. OYSTERS, GAME, FISH, MEATS, etc., prepared in the very best stylo, bv one ol tho finest cooks in thc city. SUPPERS furnished at short notice. Families sup? plied with OYSTERS at reasonable price?. Choice WINES, LIQUORS and CIGARS constantly on hand. LUNCH every dav at H o^lock._ Dec 10 A Paying Investment. THE best investment is that which givos tho largest return for tho monov laid out. A bick man, unable to attend to his business, must necessarily loee his time, whilst his expenses goos on with unremit? ting waste. One dollar spent for that restorative cordial. ^HEINITSH'S QUEEN'S DELIGHT," secures the bless? ings of health, remove? disease, invigo? rates the whole system, and, in short, makes tho sick man well. What bettor or greater return could have boen made with one dollar? For salo by _ , FISHER & HEIN?TSH, Aug 19 t_ Prhggtot*. gerorula.or King'* Evil, is cured by nsicg Heinitsh'l Queen's Deligl t. Prompt, Cheap, Accurate. THE PHONIX Book, Job and Newspaper PRINTING ESTABLISHMENT! Main Stroet, above Taylor. COLUMBIA, SOUTH CAROLINA. THE PROPRIETOR ba8 recently made EXTENSIVE ADDITIONS to bis former large stock of material-Type, Presses, Colored Inks, Paper, Cards, etc., introduc? ing tho LATEST STYLES, and is fully prepared to undertake any and everything in tho PLAIN and FANCY FEINTING UNS, From a Carte Visite to a mu?hiye volume or a thirtv feet Poster. The following uro the inducements Offered: The proprietor is n Practical Printer. Aud attend?; closely lo his Business. The Office is supplied with Everything Necessary to turn out Good Work. Price.'? Lower thai- at?j pth< r . >-1nl.li-lam i:t In tin? State, or ^v-.:. Nev York. Pamphlets, Circulars, Bill Heads, Letter Heads, Poster?, Hand-bills, Receipts, Ball Tieket3, Invitations, Dray Tickets, Checks, Krills, Programmen, Drafls, Blanks, Wedding, Visiting a'..:l Business Cards, Ac, Of all styles and sizes; in fact, Every Description o? Printing: In one. two and three colors ami In bronze, promptly attended to. JULIAN A. SELBY, Proprictori