The daily phoenix. (Columbia, S.C.) 1865-1878, April 08, 1871, Image 2
QatWday fiiorn?ni?, April
Tue Charleston liepubU?m: prints a
doon mont styled "the Constitution of
106. vy.uumi o ii.. nm u LJ\ i o r . pou tu Caru -
lina," uud inasmuch us tho, pamphlet in
its possession bears tho imprint of tho
job department Of tbiV journal, tho
Republican rofors.to tho;PucENiK for in?
formation as to its gonuinencss. A
pamphlet bearing tho titlo abovo givon,
was;-printed io tho job, office of this
journal. As our oonnootion with tho
matter begun and ended hore, tho Re?
publican, itt searoh of light, must pursue
tts investigations elsewhere.
SAN DOMINGO.-The Pr?sident, judg?
ing from his messago, which ia very
inexplicit and unsatisfactory .as to de?
tails, .se?ms disposed to wash his hands
of this Sao Bo mingo job and throw the
management~of the". iutriguo npon his
wiro-'wdrk'ers in Congress. But ho has
found .Congress rather intraotable thus
fur, and the prospect in the future is not
very encouraging, if he relies on a fair
and square investigation and vote. IL is
not pvj tyipt .proipos^ tho administration
has hitherto essayed to carry its points,
and We roay look for all sorts of decep?
tive exp?die0 ta j hnu n^roprosentationa
*s a meanB to carry ont this pet projeot.
Ho would have gratified a reasonable
cariosity, if the President bad told tho
public, in his inessa^ wh0 ??tho two
gentlemen ?r^j 'S?ri Domingo" wore
?who 00*^,0 f?o bim, in succession, to pro
^^e 'ani??^at^op,' an)!' fo i hove 1 detailed
what they proposed, 'and how and wnat
speaial indncements they offered or sug?
gested. ' The seoret history of this an?
nexation Boliomo, if ever mado public,
will joe mach more spioy than the history
spread apon tho record.
Oar cotemp?rary of the Winnsboro
News, in an oarnost spirit, recognizes in
tho resolutions of the Charleston Cham?
ber of Commerce, the first step towards
jt?e K application of the obly ?iba "?f
;rem ody foe tho mi sgo ver n m e n t of t ho
' ifjhc- York?i^e>^jB?n^ire^.8ays, whilst
'advising, prudent, conduct : '\'\
''No pooplo wove ever placed in more
critical ?irc?mst?nrjes.' t?hn' those 'by
.^^tr.^b'^o^k^h^.p^pple,! at th? pro
sont time,-, aro surrounded.
. ' ,yThat' wo mayi emergo from- thia
strapgo and'portentous! H tate, great prti
d?boo ia necessary. 'Quo.rash and un.wiso
atop may provo: ruiuouB, Ultra views
inristr bey discarded, 'and ultra acts
avoided. ' Tho whole country is incensed
at tho acts of roguery whicli have been
legalized and practiced to the great det?
riment of the good ind.staid inhabitants
ot the country. Not to see ' these nets is
simply; to give a tacit assent to their per?
petration; to resist them is the duty of
every man,wno. loves peace and order.
Bilfc great prudence must be exercised
that thia reaistuuoo be made in an ho?
norable' and just way. Oue bud deed
will never make it right to do another,
liol our people remember that our all
depends upon; prudent coudnct, and let
them act accordingly."
. The Spartanburg Republican favors thc
call for tho May convention, urges thal
oppeesaione ba made upon both sides,
and is confident that Governor 800!!
will heartily endorse any legitimate
movement looking towards the fa tun
peace and prosperity of the State.
,n- -?-*.*-.
? The Bomb Curoliua Medical Associa
?iou adjourned on Thursday, to meet ii
Columbia, on the third Tuesday ic
April, 1872,
The following officers were elected
P. Peyre Porcher, M. D , Charleston
President; B. W. Gibbes, M.D.,Ootuin
bia, First Vioe-Prebideut; A. P. Wylie
M. 13., Chester, Seaoud Vice-President
D. S. Price, M. D., Marion, Third Vice
President ;:T. Grange Birnau?, M. D.
Charleston, Recording Bec ret i ry; S
Harnell, ld. D., Camden, Correspondit!)
Secretary;. P. Lt. Parker, M. D., Cburles
ton, Treasurer.
. The following gentlemen were np
pointed Delegates io tho American Medi
cal Association, to be held at Bau Frau
ornoo, Cal., in 1871: J. T. Darby, Ooluua
bia-alternate. B, W. Taylor, Columbia
F. M. Robertson, Charleston-alternate
J. S. 'Buist;'Ch ar les ton; W. H, Norden
Anderson;-alt?rnate, R. C. Carlisle
Newberry; J. McIntosh, Novvberry
alternato, L?, M. Ayer, Bum wei I; G. E
'Prescott, Charleston-alternate, T. 8
Tbompaob; Charleston; T. P. McNeil
HkBa^o--olteruato, ?W. T. C.. Batea
Orangoburg.
iww ' ? '.. '"????
f MlBSIBSlFTT--170 Pg USONS. ^KIIJ&ED Jj
Nt??iioKB wr'miH TWO YKAIIS -ibo Mem
pUl? Appt?C8ifJtiokaou, Miss;, spodiu
says:, .?t?tzjp ry i v,v (? 1 1
? Io twouVeajfaJ iav. all sorts, of riots an
ro>y??.ahP.Ut; 170 pqaplo have been kille
byii?agroos in> ^Mississippi.>: Tho Govei
xfo*^Wil^^abl?BI??a7HBt, bf those la?aidont
%b>* ht
fore? li'tp? QQoucate' tablea of statistics 0
Mississippi mai dora/ When Ibo amiabl
A^eftWad?^bprjo, bo tv ill confess that h
lias^emv duped fiv ly/ng scoundrels wh
furnished the "facts on which bo (Amet
baned bis abnurd' Httlo fcpWoh a fow dav
ugo in-tbo Udit?d-Bt?ica1 yen?fe.
?i.jui -v>?yf>7. ,im,r:tftl^Tif(??,?-.il.i ?: - <
irWRW/ QoMnty*;Xi*w?v. nodiuroipareui
rAweltfo ?childrau; ?ten Ot 'whom er
1 lO?PIOIAIi.J'
ACTS ARD JOINT UUBOLUTIOSS
Passed by the Legislatta'e^etsUm-4870.
$ hnd X8711 1 { j? I J
AN AOt TO nBOor,AT,a THU M.\X ?J G?j OP.
PltAWINO JDItllifJ, [ Bj K i
SECTION 1. Ife ii erected by th? boiate;
?nd House of'Repreaentut?ves 'bf tli?*
Stuto of Sooth Carolina, now met and
bitting in General Assembly, and by tho
authority t>f the same, AU persona who
are qualified to voto in tho choice of
lio presen tn ti voa in, tho General Assem?
bly, shall., bo Hablo to_ bo^djawn and
aervo as jurors,"except".' aa hMeaft?r pro?
vided. V- . v 7 ' /"* T /.
SEO. .2/ The fpljowlng pp&dns shall
be exempt frdfji serving aa juror?, to;'wit:
The Governor, 'Lieutenant-Governor,
Attorney-Gonerul, Comptroller-General,
State Auditor, State Treasurer, Secretary
of Stute, Superintendent of Education,
Commissioner of Agricultural Statistics,
members and officers of tho Senate and
Houao of Representatives during tbc
session of tho General Assembly, mem?
bers of tho Semite und House of Repre?
sentatives of tho Unitod States, ?Judgea
and Justices of any Court, County Com?
missioners, County Auditors and Trea?
surers, Clerks of . Courts, Registers of
Meacje Conveyances, 'Sheriff* and their
Deputies, Coroners, . ..Cmstablsp, the
Maislmls of tho United Stutos and their
Deputies, and all other officers of the
United States, counsellors and attorneys
ut law, ordained ministers of the Gospel,
officers of colleges, precop^ora and. teach?
ers" of academies, practicing physician?,
and Burgeons regularly licensed, cashiers
and toilets ot incorporated banks, edit?
ora of newspapers, constant ferrymen,
millers carrying on that business at tho
time, and all men ooldally employed as
auch; euch officera and employees of rail?
roads as aro now exempt by law, and
persons who are moro than aixty-iivo
years old.
SEC. 3. No person shall be liable to
bo drawn auVl sorve as a juror in any
oourt, oftener than ono? in every your,
but he shall not bo so exempt unless bo
actually attends nud serves us a juror iii
purmmuau of the draft: Provided, No
person shall bo exempt from lerviug ou
a jury in any other court in consequence
of his having served befoio aJubt.oe ol
tho Peace or Trial Justice.
SEO. 4. That there shall be appointed
by the Governor, and confirmed by tho
Semite, ono officer for each County in
tho State, to bo named and designated u
Jnry Commissioner,- who, with the
County Auditor aud Chairman of the
Bourd of County Commissioners, ?hall
constitute a Bourd of Jury Co ni cuis -
stoners for .the County. Said Juiy
Commissioner shall hold bia offloo for
two years, unless sooner removed by the
Governor.
SEC. 5. Tho Board of Jury Commis?
sioners of each County Shall, once iu
every year, during the month of Janu?
ary, und, for. thu present year, within
one mouth ufter the passage of this Act,
prepare a Hat of such inhabitants of
their respective Counties, not absolutely
exempt, us they muy think well qualified
to serve as jurors, being persons of good
morul character, of sound judgment,
and free from all legal exceptions, which
list shall -include nut less than, one
from every twenty voters, nor moro than
ono from every ten voters, of their re?
spective Couuties.
SEO. 6. Of the list so prepared, the
Board of Jury Commissioners shall canst
tho names to be--written, -euoh one on a
separate paper or - ballot, and shall fold
up said pieces of paper or ballots so af
to resemble each other as much us pos?
sible, and so the name written thereon
ahull not be viaible on the outside, and
shall place them in n box, to bo fur
\ uished them by the County Commis?
sioners of their County fur that pur'
pose, and by auld Beard of Jury Com'
missioners to bo kept.
SEC. 7. If any person whoso name i;
so placed in said jury box is convicted ol
any scuud dons crime, or is guilty of un j
gross immorality, his name ?hull bi
withdrawn therefrom by the Board o!
Jury Commissioners, and ho shall no
be returned as a juror.
SEO. 8. Tho Clerk of the Court o
Common Pleas in euch County, nt leas
j tifteen days before the commeneerni'll
of any regular term of the Court o
Geni-ral Sessions for tho County, nm
ten days before any special Beahion re
quiring a jury, and in tho County o
Charleston liku periods before the firs
of euch ulteruuto week of tho Court o
Commun Pleas, and at snob other time;
as the respective coarta may oider, aha!
issuo writs of venire facias for ju rora
and shall therein require the uttendauei
of jurors on the first day of tho term
and for tho Court of Common Pleas foi
the County bf Charleston on the first am
each alternate week thereafter, aud sud
other days as tho courts may order
The petit jurors rot or ned for tho Cour
of General Seauions for Churlestoi
County shall serve for tho torui, and tin
jurors returned for tho Gomt of Com.mm
Pleas for two weeks; the jurors fur tin
Court of Goiieral Sessions for all otbe
Counties shall servo for tho term, uni
for the term of the Court of Commoi
Pleas immediately following.
SEO. 9. Tho venires shall he deli ve rei
to the Sheriff uf tho County, aud abai
be served by him, without delay, upirti
the Bourd of Jury (lom tn issi oners of th
County.
SEO. 10, Nothing oontained ia th
preceding sections shall prevent tb
Clerk of any Court of. Common PIOH
from issuing pe?ire? for additional juror
in term . time, whenever it is neoessar
for'tho convenient despatch of buainewi
in which eas? tho' venire ?ballbo sorvei
and returned, and, tho jury required t
attend, on such day a as tho court ebal
direct;
.SEO. II, All jurors,"whether reqnirei
to servo on grand or petit jury, ahull b
selected by j drawing hallo ta from th
jury-box,:nod the persons whoso name
are borno on tho ballots so drawn shu]
be returned"to|aeVvu os jurors.,
SEO. 12. When j uro rn are lobe drawn
).
tho Board of Jury Commissioners ehall
attend, at tho office of tho Clark of the
Court of Common Pleas within and for
'lb? ColintV; and, iu the presence of tho
Oltfjrk qf the;Court and tho Sheriff of -the
'Corni ty Ashall abako np tho names iu tho
j jury-box not il they oro well mixed, aud,
limyin" unlocked said bcs,r ?h?s^ti?? ?v&?,';
C?uirmssfo??r, in the presence'of the
Clerk of tho Court and Sheriff of tbe
County, shall proceed to draw therefrom,
without seeing tho .names written there?
on, a number of bullets equal to tho
number of jurors required. If a person
BO drawn is exempted by law, or ia una
bio, by reason'bf sickness or absence
from homo, to attend as a juror, or if bo
has nerved ns a juror in auy court within
tho year thea ucxt preceding, his uamo
shall be roturued into the box and
another drawn in his stead: Provided,
That if tho Clerk and Sheriff shall fail
to attend, nftor due notice, tho Jury
Commissioner ahull proceed without
them, and the jury so drawn sb'ill bc
lawful.
SEC. 13. When any person ia drawn
and returned to servo us a juror iu any
court, tbo Board of Jury Commisaionora
?linll endorse on the ballot tho dalo of
tho draft, and return it into tho box
after the number of jurors required have
been drawn; and, whenever tbcro is a
rn vision ?nd renewal of tho bnllo.tn in the
box, tbe Boatd of Jury Commissioners
shall transfer to tho now ballots thc date
of all tbo drafts made within the year
thoo next preceding.
SEC. 14. The time tor drawing jurors
shall not bo less than seven nor moro
than fifteen days before thu day when
the jurors are required to attend.
SEO. 15. Tho Sheriff ahull, at least four
.days before the time when the jurors uro
required to attend; summou each person
who is drawn, by reading to him tho
rehire, with bis endorsement thereon of
his having been drawn, or by leaving at
his place of abode a written notification
of bis having been drawn, and of tho
timo and place of the sitting of the
Court at which ho is to attend, and shall
make return of tho venire, with bis
doings thereon, to the Clerk of tho
Court, before the opening or time of
holding thu Court from which it it-sued.
SEC. 16. Cu tho day when tho jurors
uro summoned to attend at any Court,
tho Clerk shall prepare a list of their
names, errauged in alphabetical order.
The first twolvo on thc list, who are not
exempt, shall bo sworn and empanelled
as a jury for tho trial of causes, and
shall bo called thu first jury. The next
twelve on tbo list shall bo sworn aud em?
panelled in like manner, and shall bc
culled thc second jury.
SEC. 17. Supernumerary jurors may
bc excused, from timo to time, until
wanted, sad may bo put on either of the
juries, as occasion requires, in tho place
of absentee?. Nothing herein contained
shall preveut tho transferring of jurors
from qnb jury to another, when the con?
venience of-the Court or of the jurors
require it.
SEO. 18. Each jury, after being thus
empanelled, shall retiro aud choose theil
foreman, or ahull make such choice upon
retiring with tho first cause with which
they are charged; - aud whenever tilt
foreman is absent or exoused from fur
tber service, a "new foreman shall be
chosen in like manner.
SEO. 19. Nothing contained in the pru
ceiling sections shall apply to tho em
panelling of juries in criminal oases; bm
ibo jurors ahull be called. ?worn und em
panelled anew for the trial of each case
according to thc established practice
aud their foreman ahull be appointed bj
the Court or by tho jury wheo they re
tire to consider their verdict.
SEC. 20. When, by reason of ebal
Ieuge, or otherwise, or a sufliuleut mun
her of jurors duly drawu and summon
ed, Oiuuot be obtained fur tho tiial o
any cause, civil or criminal, tho Cour
shall cause jurors to bo returned fron:
thu by-stuudors, or I rom tho County a
large, to complote the panel: Provided
That there are on tho jury not less t.hai
seven of tho jurors who were originally
drawu aud summoned, as belora pru
jVided.
SEO. 21. The jurors so returned fron
tho by-standers, or thu County nt large
shall be returned by tho Sheriff, who?
duty it shall bo to be present during lb
entire tenn of sitting of any Court, ii
I heil* respective Coun ties, and shall b
such ' as are qualified and liable to b
drawn aa jurors, according to tho prpvi
Bidna of this Act.
SEC. 22. Thu Court shall, on motion o
either party in a Ruit, examine, on oath
auy person who ia called asa juror lhere
in, to know whether ho is related t
either parly, or baa any interest in I h
canso, ur baa expressed or formed an
opinion, or ia sensible of any bia* o
prejudice therein; and thu party td ?j ec I
mg tu the juror may introduce any oth<
comp?tent evidence in support of lb
objection. If it appears to the Cour
that tho juror is uot indifferent in th
cans?, he shall be placed aside us to th
trial of that cause; another shall b
called.
SEC. 23. In indictments and penal ai
tiona for tho recovery of u auin of tn o n oj
or other thing forfeited, it shall not bo
cause of challenge to a juror, that lin i
liable to pay taxes in tiny County, eil
or town, which way bo beuelitteil by sue
recovery.
SEO. 24. If a party knows of any ol
joe hon tq n juror in season to propose
before tho trial, acd omits to do 00, 1:
shall not afterwards be allowed to inuit
the same objection, unless by leave of tb
court.
SEO. 25. No irregularity in any write
venire /acion, or in the drawing, ann
mouing, returning or empanelling 1
jurors shall bo sufficient to set aside
verdict, unless tho party making tho ut
juotion waa injured by the irregularity, <
unless the objection was made before tit
returning of tbe verdict,
i SEO. 20. If either party in a caso i
which a verdiot is returned during tl
hamo term of'the court before tho tri;
gives to uhy of tll? jurors who try tl
cause anything' by woy of treat or gra'tt
? m i ',1.1 j .. gggg .H T'-w
itv, tho court may, on tho motion of the
a?vei?? porty, act naide tho verdict, and
award a oew.JtpuLp? tho cause,
;?:V|$KO. 27. (A) When fij'iryf? after frtuo
qnd thorough, yyoiiborjifciou upon ' nny
-.can Be, roturn i bib court, without haft og
agreed upon ujyerdiet,1 thc Coart may
?tnta amw tho i?yjd'nncfl; or <\?v Mjjfk ??
it, and exp?amelo thom ah?w Uic*"law
applicable to tho caso, and mny sond
thom out for further doliboration; bat if
they return a second tima without having
agreed upon a verdict, they shall not bo
aout out agtiin without their own con?
sent, unless they shall ask from tho court
6oino further explanation of the law.
SEO. 27. (A ) That tho said Jury Coui
miesionora, appointed by tho Governor,
ahull recoivo for their Borvicoa, tbrco
dollars por day, for avery day's actual
service in performing tho duties imposed
by this Act;;sucti namber of days not to
exceed the number of days tho cbnrt for
auoh County shall bo in session, together
with five days to completo tho list and
draw thc lists, and draw the jurors, to
be paid out of tho Treasury of thoir
respectiva Counties.
SEC. 28. Tho jury iu ituy case may, at
the request of either party, be taken to
view thc place or promises in question,
or uny property, matter or thing relating
to tho controversy between the parties,
whe? i? appears to the court that such
viow ia uecoasary to a just decision:
Provided, Tho party making the motion
advances a au m sufficient to pay tho
actual expenses of tho jury and tba
oificors who attend them iu taking tho
viow, which expenses shall bo afterwards
taxod like other legal costs, if the
pnrty who advanced them prov dis in the
suit.
SEC. 20. If u person duly drawn and
summoned to attend as a juror in any
court neglects to attend without sufficient
excuse, he ahull pay a ?ue not exceeding
twenty dollars, whick shall bo imposed
by tho court to which the juror was
Mumtnoued, and shall li!? paid into tho
County T rouan ry.
Sue. 30. Wbeu, bv neglect of uny of
tho duties required by thie Act to bc per?
formed by any of tho officers or pcrsous
herein mentioned, tho jurors to bo re?
turned from uuy place are not duly
drawn and summouud to attend thu
court, every peraon guilty oT such no
gleet aimil pay a line not exceeding ono
hundred dollars, to be imposed by the
sumo court, to thc usc of tho County iu
whioh thc oflouco was committed.
Sac. 31. If the Board of Jury Com?
missioners shall bo guilty of fraud,
either by practicing on tho jury box pre?
viously to a dralt, or iu drawing a jury,
or in returning into thc box tho mime of
any juror which had been lawfully drawn
out, and drawing or substituting another
iu bia biead, or iu any other way in the
drawing ot jurors, he shall bo punished
by a lino not exceeding five hundred dol?
lars, or bc i m prisoned not exceeding two
years in tho Stale Penitentiary.
SEC. 32. Nothing contained in thia Act
shall ulTect tho power and duty of Coro?
ners, Justices of the Peace or Trial Jus?
tices, to summon and empanel jurors,
when authorized by other provisions ol
law.
8KG. 33. Tho Clork of tho Court ol
General Sessions, in each County, not
lesa than fifteen days bofore the oem
inencemeut of thu first term of thc
Court iu each year, shall issue writs ol
venire/acia?, iu ouch County, for eight?
een grund juror", to be returned to timi
Court, v?ho shall bu held to servo nt encl
term thereof throughout tho year, and
! until -mother grtvud jury is empanelled
in their stead.
SEC 31. Grand jurors shall bo drawn,
summoned and returned in tho saun
? manlier as jurors for trials, und when
I drawn at the same time as jurors foi
trials, thu persons whose names are first
drawn, to tho number required, shall bc
returned as grund jurors, nud thone af?
terwards drawn, to the number required,
ahull be jurors for trials.
SEC 3J. lu ouse of deficiency of grane
jurors ?nany Court, writaof venire /tic im
may be issued to tho Sherill of tin
County, in wbish said Court is held, tc
return forthwith snob further number ol
grand jurors from the by-standers DI
may be required.
SEC 30. No more than thirty-two per
sons to servo aa petit jurors Khali Ix
drawn ami summoned to attend, at ont
and tiie annie time, ab any Court, unies:
the Court ahull otherwise ord ur.
SEC. 37. That uny perron who Bimi
hereafter bo arraigned foi-the crime o
murder, manslaughter, burglary, aram
or rape, shall bo entitled to nil the inci
dents of au arraignment, und to peretnp
I tory challenges, not exceeding twenty
anti the State, in such eases, shall be eu
tilled to peremptory challenges, not ex
i eeeding two, in thu manner h ere to fon
j prescribed by law. And any person win
shall be indicted for any crime or olY.mc
other than those above enumerated, abai
have the right to peremptory challenge
of five, and thu State, in such cases, ebal
bu entitled to peremptory challenges no
exceeding two.
SEC. 38. That an Act entitled "An Ac
to regulate tho manner of drawin;
juries," approved tho 2Gth day of Sop
tember, A. D. 1809, aud the Act entitle!
"Au Act to amend an Act entitled nu Ac
to regulate tho drawing of juries." ap
proved the 23 1 day of March, 18G9, am
all other Aota, or porta of Acts, in nu;
way ooullioimg with the provisions o
this Act, be, uud tho same is hereby, rc
pealed.
SEC. 30. That thia A at shall tako effect
and have the.full power uf law, from am
niter its passage, '
Approved tho 10th duy of March, A
D. 1871.
AN ACT TO CUBATE A DEBT OF TUE ?TAT
OF SOOTH OABoUNA, TO DE KNOWN ?
TUB BTBIU?NG FONDEO DEUT; THE 8AMt
O? TUB PftOOBBng THRBEOF, T? b
EXCLUSIVELY ?8ED IN EXCHANGE V il
OB IN PAYMENT 'OF, TUE EXISTING FUI
LIO ?EUT OF BATO STATE.
BEC rioN 1. Be il'c?at?ed by the Seruit
and Huu8o of .Representatives of th
State of South Carolina, now met an
? i pi m?Stmm $ II ' ? ?jS?
sitting In General Ae?ombly. and by the
authority of the sumo, That tho Go?
vernor of tbo.Stata bo, an&bey^boroby.
authorized tty b?tfrowf pn ?ihe/dfec\it of
Abe Sta to of 'S|>u|th Caro I i oft, | In cu? not
?xcagding one- -^lillioff' two hundred
thorflaud ponudfivBtorIIug$tenoh Triebt to
Hp ??pr?aGn|nd iby ei?npd? boags; tba
samo lo bear six pounds' per contar? per
annum interest, in gold, payable semi
unnuatly; tho principal and interest
thereof to be payable in tho city of Lon?
don, in England, and the principal
thereof to bo redeemable and payable
within twenty years from the.pagsogevof
this Aot, io gold coin.
SRO. 2. Suoti debi, hereby au thor ?zed.'
shall bo kuown.as the Sterling Funded
Debt. Tho hoddd th'be'uflnied lb ptirsti
auco hereof shall be Bign??Vby tho Go?
vernor, and oountersigned'bjy tho Stuto
Treasurer, ?udor the' seal bf this Stato.
They moy be issued iu sums of not less
thou ono hundred pounds sterling. Thc
coupons uttaobed to such bond? shall bo
signed by tile' State Treasurer, or exo
eutod in Hneh manner ns the Governor
of tho Stato may approve, hts signature
lo said bonds being evidence of such
approval.
SEO. 3. That all of the bonde author?
ized by this Act, or their proceeds, shall
bu need exclusively in exchange for, or
in payment of. tho existiug public dobt
of tbis State heretofore authorized.
SEC. t. That all tho bonds hereby au?
thorized shall be placed in tho hands of
a Financial Agent of this State, to be
appointed by the Governor, Attorney:
General and Treasurer, Comptroller,
Genoral, Seorotary of State: Provided,
That said Financial Board shall receive
no compensation. Such agent shall re?
sido in the city of London aforesaid;
and tho Financial Board ' hereinbefore
authorized, or a majority of them,
through the Financial Agent of the
Stuto of New York, uro hereby author?
ized and directed to enter iuto an agree-,
mont with auch Financial Agent ns may
bo appointed, ns aforesaid, for tho nego?
tiation of said bonds; fur tho payment ul
interest thereon until the maturity
i thereof; for tho payment of said bond*
nt maturity; and for tho exchange of the
same for any of tho public debt of this
Stale, or for the payment of any of said
public debt, from tho proceeds pf snch
new bonds as they may deem to bo for
tho iptercst of this State: Provided,
That nono of the existing public debt, aa
aforesaid, shall be paid, before Ibo ma
turity thereof, out of the proceeds of thc
bonds hereby authorized, unlefa the
samo can be purchased and redeemed at
a rate uot exceeding tbe rato ut whiol
such new bonds shall be negotiated.
And, for tho porpoees of this Act, and it
payment of interest on said bonds, mit
in tbe redemption thereof, thc pou ii t;
sterling shall bo deemed: tb bet" .tbi
equivalent of five dollar* in gold coin ol
tho United States;. PwvW^n-That,ih\
Fioanoial Agency or^toU; hy ibis Acl
shall not bo placed in tba hands.of an'3
ono person, but shall ba'Orttrnsted to tb?
management of a .rospo'npfbio bankiuf
house of first class reputation in the non
and old world.' ?' >
SEO. 5. That an annual tax, in addi
tion to all other taxes, sholl be leviet
upou all the taxable property witbit
Lhis Stuto sufficient to pay tho inter?s
on tho debt hereby authorized, nt tin
timo when snob interest shall becomi
duu and payable, and auoh interest ?hal
bo remitted td said Financial Agent it
London, and a further similar tax dial
bc levied iu tho same manner sufficion
to pr?vido for a Sinking Fund of two pei
centum iu gold per annum on the fal
amount of tho debt hereby created
which Sinking Fund shall be remit ted t<
tbo said Financial Agent of the State ii
London, to be applied to Ibo rcdemptiot
and payment of two per centum of tb?
principal of the said bonds at par. Th<
bonds thus to be paid shall be unnualb
drawn, by lot, at such time und place
and under such regulations ns tho Go
vernor of tho State und said Financia
Agent may determine, and on all atiol
drawings the American Minister to tin
Court uf St. James in England, or tin
! Secretary of the American Legation ii
Loudon, or the American Consul a
L-mdou, shall bo invited to he present
and to certify to Bitob drawings.
SEC. 6. From time to time, and nhei
any of tho existiug public debt of iii
State s mil bo redeemed, by Mioexchau?-i
of tho bonds here ty authorized, c
.shall bc paid from tho proceeds thereof
snob debt co redeemed or paid, nnd tin
evidence thereof, shall be forth will
absolutely cancelled, and shall not be re
issued iu any form; and tho to?a
amounis tIma redeemed or paid, shall b
annually reported by tho Comptroller
General.
SEO. 7. That the faith, oredit am
funds of tho State of South Carolina ar
herid)y solemnly and irrevocably pledge*
for tho punctual payment of tho prin?j
pal and iuterest of tho debt hereby ere
ated, und for tho annual redemption 0
that portion thereof for which a siukin
fund is authorized; and tho issue by tb
Governor of nny of the bonds horeb
authorized shall bo conclusive ovideuct
in favor of any bona fide bolder t berco
that tho provisions of this Act have bee
fully compiled with by the Stato officer!
and that such bonds aro legally an
proporly creatod.
SEC. 8. The honor and credit of tb
Statu ia also hereby pledged to tho hdldt
of the debt auth'oriz?d by this Act, tbs
tho Siaio will not hereafter, by it sel
officers or agents,.until Haid debt is full
paid and discharged, create any ne
debt or obligation, or by the loan of il
credit, by guaranty, endorsement r
otherwise, excepting for the pnrposo c
meeting its existiug obligations, ar i
and for the .ordinary andwcurrent bus
ness of tbe Stuto, without fir^t submit
ting the question as to tho creation f
any RU ch now debt, guaranty, endorsi
mentor l?atj.'of j ftp cr?dit to tbp.pe?pl
of Ibis State','at a.general State oleqtioi
and unless two-thirds of tho qualifie
voters of the State1, voting on this qnftt
tibn, shall bu in f?vor of a further dob
guaranty, endorsement or loan bf il
orctdit? norm (t?ch?0hftll-b??^(??rt?a^or
mude, v ri >-{?i:uict?r'ii'ff.iirr?> rlv?f?w oJo*m
SEO ' 9. Th? . Commission Hofeld Mg,
Eoiuted, or a ma j o ri? y o? thom, s?Oi?e?r&-' \
y authorized, to paysoca sama ?a'rhffi r
bo noaes3ary for tiie pulposoof car ry fm}}
tbls Act ia to .efi?ct, out of ' ttby tuit?fy
af tbs Stat? not uthctwi?rj nppropfi?ii?.' F'
Bsc. 10. For. tho purposes Of thin AcT?
and to carry out ; tho: flamb,; at I i Ac t^?f '
putta of. Act?, inc?naiafcent witb thia ?o? .
ar? Herebjt'repealedl i itt td. pt* st*'Pre ^!'T <
Approved WLnrchiT. "1871.* 5 ? -0
ii . .-...{, {,i>ji -AtX3i >ti>' c .? ?, ?/c. t?,' ??IM'
AN ACT TO A?ltN?> THE CH AKTEH Ol' ?r?SI
COLUMBIA BUILD IN ? AND DOAN Afif?OCJA-5 ?
HON. I ?? v?t
77c ?? enacted by.the Senate and House
of iiopreaentativea vt tho State.bf Hodt^ ?
Carolina; now met and sitting' ib Gen
oral. Assembly, and by thc authority pT
th? same, Tunt the Act ' entitled ' .*Aft
Act to incorporate tho Colnt?bfu1 'Build?
ing sod Loan Association," up'provVd cfo1
the first day of Marou, in tho year Of bag
Lord ono thousand eight hundred add?
sixty-nine, bo, and the same. ?B hereby^
HO altered and' amended that the paid
Colombia BuildiDg abd)Loan Association
may havo power to take, pUrohdeo ami
bold.real catate, o;id. to sell .and tran afea
the samo fryrn time to time to itamarni
bera, pu aueb .term?'and under auch:Cou>.
ditiouu, and subject to Bach: reg?h?icsss
as may bo pre scribed by tho mica'and
hy laws of said oorpor Ution: FfJao.ided$,
That tho real.natale ? iteld-by-said corpo* .
ration shall not. at. any- tiinp exceed the
value of two hundred thousand joella ra.
Approved tub' S?7th- day of.
A. D.1871. '
AN ACT. TO INCOI\?OBAT*,sTI^.g
BUILDINGS AND LOAN AB4SO0U|p
COLUMBIA.
SECTION 1. Be it enacted bj tji^enato
and House. pf. Bvpresentutiv/e? of?, tbo
Statu of South .CaroUua,. now mei .and
sitting in.Guueral Assembly, end by %\?&
authority of the sanio," That J?hn0)?K?(&^
M. J. Calnan. James A. Dunbar, W. pf,
Naah, W. Simons. S. B, Thompson, Jona
MuCord, H. To in liuRon, C. C. Puffer, W.
F. Hague, Timothy. Hurley, together
vi th other persons who now aro, or here?
after may be; associated with, theta, be,
and they aro hereby* declared . a. ;hedy
politic and corporate, for the purpoao of
muking loans of money ?ecured by mori'
gage, on real estate or pc rs up ul property, '
or by conveyance of Ibo. Dame;.to their
members, and t-tockholdera, by tho naroo
and style of tho Cap? toi Building bfcjl'
Loan Association, of Colombia, thu cap?-, *
tal stock of . wb|oh afoull :5?PP*ii<3t of iono,
thousand abares, ito. bo paid-.iU by suceevJ
si vo monthly* instnlmebta' of ono dollar3
on each ^i^Mlli'pW
shall continu?, tho said si.area to, bo. held,
' ran Rf er red, ass igu ed. Bud pledged, f and
the hold?TS tmeeeof; to be'fiiibje?t-?o auch
aues-?tytffdf?ftato
a* ?Bay.bioi p^flt?fea.iby.thejbyp^^X
said corporation. ?. '.-~?'A ?. ?. !:;- jiS'^ki^
SEC: S? Tiiat ?the'said corpo^Hbb?h?ll
have pc(^ ffttOu ? H?hqti ty - 4o \&a$f?#?j,
such rilli*, undi bytb?wa??arr i ta-govern*,
mont OH aro bot n'pngnanttoth?-Cbu?ti
tution and laws of filie l?|id;'shafi; ,0^^
such mpmbpr? .?'jft^oc&^^riojT.. mem -?
hera and iii?i??ro aa.'flbull bb ordained and
chosen according to the said: Thies and
by-laws made, or to be mudo; by tbem?
shall have'und keep a comoipu oval, and;
may alter the same ai will; may BU o and
bo sued, plead and be ira plead ed in any
court of lav or equity in thia State, and
shall have arid enjoy all and every right
and privilege incident j .end ; ijWJoqging
to corporate bodteo, according to tho
laws ot the land. B '
SEC. 8. That the Baid corpt?r?tionshall
have power to take, pu rc b asp and hold
real estate,-and to sell and transfer tho
same, from limo to time, to ita members,
on stich terms and ander auch condi?
tions, and subject to snob regulations as
may be prescribed by tim r i les aqd by?
laws of said corporation : Provided^ That
the real eatato held by said corporation?,
sholl not at auy time exceed the value of
two hundred tbonsa.nd dollars.
SEO .4. ; That tho tunda pf said corpo?
ration shall bo loaned and advanced tb
the mctnbei'fl and stockholders, upon the
security of real and personal estate, and
used iu tho purchase of- teal .??tato for
the benefit of ita- members and stock*
holders, on such term:;, and uuder such
conditions, and subject to such regula?
tions as muy, from time to time, be pre
scribed by tbo rules and by-laws of said
corporation; aud it shall be lawful fur
tho said corporation to hold such lands,
tenement-', berOtlltutnenht und personal
property, ns shall be mortgaged or con?
veyed to them )n good fin tb by way of.
security upon its loans and advances, and
may sell, alien or-otherwise dispose of
the same to its members and stockhold?
ers only, as they, from time to time, amy
deem expedient.
Sue. 5. That whenever it shall occur
that the funda of the said corporation,
shall remain unproductive or uncalled'
for for the space of two months, tbs cor?
poration shall havo power to loan what?
ever amount may be thus on hand to
others than stockholders aud members,
for such time aud at such rates of inter?
est as may be established by virtue of
auch rules and by-laws as may be made
by said corporation.
SEO. G. That whenever the funds bf
said corporation ahull \xuv? ?ccamclated
to saab ab' amount that, npop a fair and
just divjaion, thereof, e^ob stockholder
and member shall havo received, or bo
entitled to receive,' the sam of two hun?
dred dollars, .?rfBroperiyiof'.thafc value,
for each and everyrsbare.of Alack by him
or ber BO held, and^such distribution and
.division of the fuudaahall have been so
made, then thia corporation abai) censo
and doterai i ti e. This'Auk sh bil ba taken
and deemed a' public ApV cud that tho
earoo may, bb' given iii ?videnc? wi thou ti
-pecisUy ple^diug,-. *U^ ,??I??? Pr?vi?iJ,
That said corporation aboli havo all the
(rightay?at?d bri su^irtfWW1 ?)V.\ho ll?bili
formatiou of ?rjr^p>?JtioriB, possod Bo?
co mbor IOU*, UH?oV -? J v?? v > > U Vi liv
Approved March Otb, A. D. 1871;' ?A