Historical Newspapers of South Carolina

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rtOPO?EM THE TORRENS SYS? TEM. native) JSSSjSI Norton I Macul? osa Mnwurr for the KelW of Land TPs the Editor of the New? and Courier: 1 have read with interest what your SJSI mpondont, B. B. Seiler?, and ethers, mad the editor of The Newa eaad Courier have said pro and con a* Sa the repeal of the law creating argl aaUtnral lien*. I have a method for the considera of the next session of the gen aaeembly for the registration of ?and. which, if adopted, will put all owner* in euch a position In the of their lands aa a oollater.1 for lit that all Hons for agricultural lea will have paaeed. Only the will not be directly benefited. No man haa s title t ? any land In fhas State. We have evidences only mi titles. Und Is the best and the aaSest property we csn own?better tama amok, cotton mill, railroad or other oorporate stock companies. It as hatter than mate or United States hands, only that we have no t ties for land*, while wfl own absolutely ?ks sad bond a The owners! p for can and should be as ful!, free sbaolote and easily trr.nsf r< d a* the> stock In sny hank *n the St tie. and aS hut little more cost and Inconven and- delsr. If the terrlbl* in ?burden of examination and Ut of title to lands could K get rid of, lands would appr ? oiace in mtdee it would mar? lands as) valuable for commercial o ; to the same extea locally aa ^o ids ad Stacks are now. 71 cost to land owners In s.vrtn Carolina for transfers, mortgage, etc, wlli reach anywhere from an c nmat? ed cost of IIOO.SQO to $S00 ? n>. No ?nVtal means of ascertaining the enact co?t to and owners for these awp*n?es con be had. F/h> best in? formation possible in the State f Vir ran these charges to >v*r $300, In two-thirds ot the counties per mm. The ay*ten of recording land titles ?sown sa the "Torrens" will free us from these esi>en?1ve investigations, susd give ue absolute and unquestion? able titles with no pont r or possibility aa? going back two. fivo, twenty or a BMtndred years U? Inveatigste titles. There wss Irtroduced by the writer at the last eesolon of the general as? sembly a bill providing for this sys of lanU registration an 1 It will to op for consideration early in the Ion of its*. The object of thla communication la to go into tho details of the bill, hejt to suggest that more good will com* so the farmer by the passage of this bill than the repeal of a dosen agricultural Men lsws. ' The bill lot oduced Is largely the jBsat before the v?r???nia general Sa sesnbly and th laws of Massachusetts ssi this subject. A Land Court Is 0* provided for (he purpose of investt gmtins and * ullng all questions of titb? to lands. This I? not msde obll ejatory upon ary land owner, but pro etdea a system of application. Investi? gation, decree* end registration of land when tht Court haa decided all cassations of IItie. This title Is made absolute irrevocable and final. A ti? tle indeed; no mere evidence of title. Certificate of title Is given, and made atxopl? snd easy of transfer, and ?hange? srn m olf easily wh. r.. part Is sold off of any given tract of land. The registrar of this court for 1111 SSsts writes that the banka fin I Hum ssartiAcates of lan \ title ss vsluable collateral aa thej^ have when thus ad Jested. The propose 1 law for this State cov? ers all the possible f rat urea of land title tranafers. Inheritance Hens, taxes, I Stc.. that the l>eat legal talent of Mas? sachusetts and Virginia could co aaand. Senator rftaekh >uae. of Marion, in? troduced the same bill In the aenate aa that on the houae calendar. I would he giad If th? facile p?-m of the e 1 ir??r ?mi The Newa and Courier and ('apt. Ben B. Sellcra would penetrate the ? *Torreaa system" of land registration give light and relief to the OWACn lands In thla State. Adopt this iys of land registration, change the letltutionst- three mills tax Into a minimum levv of say $7 50.001?. to be Increased at the pleasure of the Deo pie snd the demands of education, aad the uaa^eeed value of real estate in South Carolina can b? ? rrie l to ilOO.tOO.OOO. and the personal prop? erty taeesement to 1200.000,000 more. If buaiiieSs will permit I will go more fully Into the details of the Tor? rens system at some other time. JAMES NOKTON. Mulllna. S. C. November is. l?07. \-? to Um? Torren?. s>?.t? to. Th?? "Torr, ftsf or An ti ?Imh vxtem ?f Isnd trngrea which Itepresentatlve 4am?*^ Norton, of Marlon. grants' ha\e tati ??! i< ?| into South t .r .limi Sad write* about hl Th?' N? a | aad ' "it lac today bss been d la* * uaa<*d ?? log ally In South t'nrdlna for ' : t 1 f? ream but hnn aot received ? 'I at? tention. What Mr. N Ort OS aay* of our ?? ?at real estate law?? I. m t t > he ilH puted. Land, which ought to be oik of the best foundations of credit is one of the poorest. The owner of loo acres wortn $1,000. and oaring It as a security for a loan of $200. must pay at least $12.50 to the law yers who pass upon the title for the creditors and draw the mortgage and In fees to the register of deeds and mortgages. Foreclosure being a tedldus, expensive and some times uncertain process, money lenders refuse to advance more than two-thirds of the land's value and are reluctant to lend at all at less than eight per cent, the maximum legal rate, and then only for long periods. That this condition Is whol? ly anomalous and quite injurious to persons whose entire capital is invest? ed In land Is not to be disputed. Our land tenures grow out of the Eng? lish fuedal system, they retain much of the artificiality of hatf a dosen cen? turies past and they clog and encum? ber all business In an sgrlcultural re? gion such as ours. The moment laws should he enacted making the con? veyance of title to land as easy .and simple as Is that cf title to a share of mill or bank stock, every acre of land In the State *vould considerably ap? preciate in value, just as Mr. Norton predicts. Another side to the question is whether or not it would be best for that large proportion of farmers who sie Improvident and spendthrift if they could dispose of their lands with ease and And a reafy market for them. The effect^ of our antiquated tenures is to attach, in pome sense, the man to the land, as it was their effoct in a very large sense some cen? turies ago in England. As yet we have no "trusts' in land. Capitalists and manipulators are shy of holdings of broad acres. They cannot sell land in a pinch on the stock oxenanges as they sell railroad bonds and stocks but were lands held as stocks they might buy the certificates. In quanties and ws might see the rapid accumu? lation of tremendous domains in the haud9 of a few. Many a thriftless person does not mortgage his land be? cause It is so much easier to mort? gage his horse or hin cow but were he able to pledge his land merely by writing his name noross the back of a certificate, it Is likely that he would lA many casea do so; with the result that he would lose it us he does the horse, or cow. Thus the danger would be that the lands of the improvident and unthrifty might pass Into the hands of the Industrious and saving who would no longer be dubious about owning them, the certlflcutes of title being at all times rendily and Instant? ly convertible Into cash. We do not set up this objection to Mr. Norton's argument as either final or convincing. We are aware that everv consideration of progress, sim? plicity, and common sense makes for the abrogation of a curious. Involved and expensive code of land title laws that comes to us as the legacy of a forgotten age and that It utterly con? tradicts modern economic methods. \Vere every landowner a thorough-go? ing business man. intelligent and deter? mined enough to protect his own in? terests the retention of the system for a day would be absurd, but legislators would nt least do well to inquir?. whether or not th? Interests of the Whole body of South Carolina land owners would be advanced if it wet*, made possible for them to dispose of their holdings at any moment at the highest prices. COOPKR WILL CASK. The Supreme Court Render* Decision In a Case of Local Interest. Robert Muldrow Cooper et al., ap? pellants, vs. Fra'^cif Pelot Cooper et al., respondents.?Remainders. Ttst amentator/ provisions. Construction. Intention. This Is an action for the partition of real property, involving the con? struction of the last will of Geo. \Vn\. Cooper, who left him surviving his widow. Rosa I. Cooper, and nine chil? dren, to wit: William Albert Cooper. Robert Muldrow Cooper, and Mary Jane i'etrie, his thrte children by a former marriage, and Rosa Leycest.r Coop r, Pranoti Mot cooper, Bd* ward Wood Cooper. Harriett Cooper, since int. i-married with Dr. Walter Cheyne, Hamilton Wlthorspoon Coop* er and Augustus Thomas Cooper, hll six children by his surviving widow. Of ?HSI children, his two eldest had attained their majority and complet? ed their education, and IBS six chil? dren of the second inuiriago had not ittalned their majority nor complet <l their education at the dat.- of tin will no*- ut the time of teetOtor*l death, except Rost L Cooper, who. though not >f a*.* had completed he? edueatlon. Aftsr giving the witiow osrtsln property in lieu of dower ths will pro? vide a follows: "i give h . also, ? life interest Of so long a- phe re? mains my widow an equal portion with my children, si horcllioftsi named, I. 0? I child's portion of all j r. j i 11 \ botn r? ? ? nd p i onal ol Which I Iii IV be pOH. - I lit lie' time of my decease. S?. to ?< copy my dwelling boose or hous< . s >th ms children and have exclusive ose of id my hou ? hold and kitchen furni? ture and si i> rf d< ith or maniacs said property to be equally divided between all of our surviving children or those of them who may not have completed their education, should there be any such." The residue of the estate is given to his surviving children to i_e equal? ly divided among them except Mary Jone Petrie, who Is given an equal share only In the real estate, and ex? cept also William Albert and Robeit Muldrow of whom the will says: "My sons \Vm. A. and Robt. M. Cooper, having completed their edu? cation, 1 desire them to receive one third each of a child's portion of my personal estate besides their full share of my real estate." At the date of the will, the child? ren of the first marriage were all of age and had all practically complet? ed their education. Robert M. Coop? er was at college during the last year of his father's life, but it was his last year at college before graduating and his education \va? so nearly complet? ed, that his father regarded it as practically completed and so states in his will. At that time, none of the children of the second marriage were of oge and some of them -were of quite tender years. The tract described in the com? plaint was set apart to the widow, under the provisi >ns of the will arove quoted, and occupied by her until her death, which occurred-May 13, 1905. The widow was survived by Mary Jane Petrie and Robert Muldrow Copper, children of th? first marriage, and by Francis Pelot Cooper, Harriett Cooper Cheyne, Hamilton Wither spoon Cooper and Augustas Thomas Cooper, children of th2 second mar? riage. After the death of testator, and be? fore th.e death of his widow, William Albert and Edward Wood Cooper lied, leaving no issue, and Rosa Ley cester Cooper. having intermarried with James Read Muldrow, died leav? ing one child, the defendant, Sarah Rota Muldrow. The defendants, Thomas Hasel! Dick and George W\ Dick, are the children of Mary Scott Cooper, the eldest daughter of testa? tor, who intermarried with Thomas Hasell Dick, Sr., and died before her father. The circuit court (James Hydrick) holding (11) that the remainder to "our surviving children" was noz transmissible and (2) that only those children of the testator'.* second marriage who survived the widow are entitled to share in the remain? der, adjudged accordingly. The plain? tiffs appealed. "The reasoning of the circuit de? cree is convincing and we are satisiit d to adopt it." Judgment below alllrmeu. Opinion by Mr. Justice Woods. Messrs. Shand & Shanl, Messrs, Haynsworth <fc Hayns worth for ap (m Ha.its; MeSSrh LSS St Moisc, Mr. Jair.es Simi ns. Messrs. McLcod & Dennis lor respondents.?Reported for Th.- State by John S. Reynold* ?r?eWitt s Carnalized Witch Hazel Salve?don't forget the name, and ac? cept no substitute. Get DeWitt's. It's good f<<r pllsa. Sold by all druggists. Gaddy Graham, a negro man, has been held by the coroner's jury as be? ing the murderer of P. F. Moody, of Darlington. ?Trial Catarrh treatments are be? ing mailt d out free, cn request, by Dr. Shoop, Racine, Wis. These tests are proving to the people?without ? penny's cost?the great value .of this scientific prescription known to drug? gists everywhere as Dr. Shoop's Ca? tarrh Remedy. Sold by SlbClt'S Drug Store. The Alken Poard of Control has voted to establish a dispensary in North Augusta. ?Bees Laxative Cough Syrup for coughs, colds, croup and WhooptUg cough grows in favor dally. Mothers should keep it on hand for children. It is prompt relief to croup. It is gently laxative, driving the poison and phlegm from the system. It gives Immediate relief. Guaranteed. Sold by Slbert Drug Co. A gin house was destroyed In St. Andrew's Parish, Charleston, and the loss is estimated at $18.000. ?it will be unnecessary to go through a painful, expensive opera? tion for Piles if you us^ ManZan. Put up In a collapsible tube with noesle, ready to apply. For any form of Piles, pries 10c. Sibert Dru^ Co. 12 l-3m. NOTICE. Office county Board of Commls* slot rs, Sumter County, 8, c. Dec. o. 1 '.oiT. The annual meeting of the County Bonrd i f Commissioners for Sumter County will bo held at Sumter Court House on Thursday the day of January. n?os. \ii persons hoetlng claims against Rumter County, not prt vlously pre? sented, ir-- required by law to Ale the same t :tii the Clerk of this Board on or before the tust day of January. Utas iu order thai they may I.*> amlned previous to the annual meet? ing. THOS. D. RICHARDSON, Clerk County Board Of Commission? ers. 13-10- law It. COUNTY MEDICAL ASSOCIATION. At the last session of the Sumter County Medical Association, held on i Nov. 27, at the Hotel Sumter, and j ? lcction of officers WBI held, resulting as follows: Dr. H. M. Stuckey, presi- 1 dent; Dr. Archie China, vice presi- I dent; Dr. F. K. Holman. secretary. Th?* folowlnf members were present: Dr*. H. M. Stuckey, A China, F. K. Holman. Dwight. Walter Cheyne, S. C. Baker and Parier. An interring meeting was held as usual and much benefit received by those present. ?Are you having trouble with your kidneys? There are lots of people to? day who wonder why they have pains across the back, why they are tired and lacking in energy and ambition. Your kidneys are wrong. They need relief without delay. Take DeWHt's Kidney & Bladder Pills; they are for weak back, inflammation cf the bladd ??, backache and weak kidneys. Sold bj all druggists. A PRETTY SOUVENIR. This office has received a very hand? some souvenir book from the Univer? sity of Pennsylvania which tells of that great university's athletic record for the season of 1906-7, and other past seasons. The book is handsomely illustrated with pictures of teams and conches and many stirring scenes of action. Altogether, the souvenir is a most attractively arranged book and a good oelvertisement for the universi? ty. ' ?Millions of bottles of Foley's Honey and Tar have been sold with? out any person ever having experi? enced any other than beneficial re? sults from its use for coughs, colds and lung troubles. This is because the genuine Foley's Honey and Tar in the yellow package contains .no opiates or other harmful drugs. Guard your health by refusing any but the genuine. Sihert's Drug Store. TAX NOTICE. The County Treasurer's office in Court House building will be open for the collection of taxes without penal? ty, from the 15th day of October to the 31st December, 1907. The levy Is as follows: For State, 4 1-2 mills. For County Ordinary, 2 3-4 mills For Sinking Fund Loan, 1 mill. . For Constitutional School, 3 mills Polls, 11.00; Capitation Dog Tax 50 cents. Also' special school as follows: School District, No. 1, 2 mills. School District No. 2. 2 mills. School District No. 3. 2 mills. School District No. 4, 2 mills. School District No. li, 2 mills. School District No. 12, 3 mills. School District No. 13. 3 mills. School District No. 14, 3 mills, School District No. 16, 2 mills. School District No. 17. 3 mills. School District No. 18, 3 mills. A penalty of 1 per cent added for month of January, 1908. Additional penalty of 1 per cent, for month of February, 1908. Additional p?natt> of 5 per cent, for 15 days in March 1908. I T. W. LEE. Treasurer for Sumter Co. lO.'-O^-S-lb-OS Tax Returns For 1808. OFFH E OF COUNTY AUDITOR, SUMTER CO., SUlrtter, 8. C, Dee. 5, 1;?07. Notice hereby given that I will Attend, in person or by deputy, at the Mowing places rn th?' days md'cat ed, respectively, for the purpose of ticeiv'hy returns of personal pro?..?i lj ri d poll taxes for the fiscal year ?mmeticing January 1st, 1908. Ttotdairs store. Thursday, ?Inn. 2d. Privateer, Jenkins' Store. Friday, Jan. 3d. Manchester, LeU's, Tuesday. Jan. 7th. Wedgcfiekl, Thursday, Jan. Pth. Statehurg. Friday, Jan. 10th. Hagood, Tuesday, Jan. 14th. Reuthens, Wednesday, Jan. 15th, Dal/all. Thursday, Jim. Kith. Gordon's Mill. FHday. Jan. 17th. Maycsviiie. Tuesday,Wan. Hist. Bhlloh, Wednesday, Jan. 28<1. Norwood's X Roads. Thursday, Jan, Std. Oswcgo, Friday, Jan. 24th. Th ) law requires that all persons owning property or In anywise having charge of such prop< rty, either a> agent, husband, guardian, trustee, executor, administrator, etc., return the same under oath to the Auditor, w ho requests all persi ns to be prompt in making their re-turns and save the 50 per cent. p< nalty w hich will be added to the property valuation of all persona who fail t<? make returns within the time prescribed by law. Taxpayers return what they own on the tii t day of January, 190$. Assessors and taxpayers will enter the first given name the taxpayer in foil, also make i ?eparate return f< r each t ? rnshlp where the propertj Is located and also each and eVe,*y cose the numbe>r of lhe school district must be given. Ev< ry male citizen between the age of twenty-one and sixty years on the llrsl day of January, 1908, except those incapabale of earning a support from being m dmod orJ from oth< r causes, are decrmr*d taxable polls, and excep! Confederate soldiers ?">'? yean of age, on January 1st, 1908. All returns must be made on or be? fore the BOth day of February next. 1 cannot take returns after thai lab and all 1 ? turns mad.- afp r I he 201 h day of February, are subject to a penalty of ."??? per e? nt. J. DIGGS WILDER, Auditor SU tot< r * lo?llty 1 >. e. 11 -Feb. 20, '08, The Kind You Have Always Bought, and which has bren in use for over 30 years, has borne the signature of - and has been made under his per- - ffli*' tf+y sonal supervision since its infancy. f^coccAx/oi Allow no one to deceive you in this. All Counterfeits, Imitations and " Just-as-good" are but Experiments that trifle with and endanger the health of Infants and Children?Experience against Experiment. What is CASTORIA Castoria is a harmless substitute for Castor Oil, Pare? goric, Drops and Soothing Syrups. It is Pleasant. It contains neither Opium, Morphine nor other Narcotic substance. Its age is its guarantee* It destroys Worms and allays Feverishness. It cures Diarrhoea and Wind Colic. It relieves Teething Troubles, cures Constipation and Flatulency. It assimilates the Food, regulates the Stomach and Bowels, giving healthy and natural sleep. The Children's Panacea?The Mother's Friend. GENUINE CASTORIA ALWAYS Bears the Signature of The Kind You Have Always Bought In Use For Over 30 Years, THC CKNTAUH COMPANY, TT MURRAY STRECK NC?' VORR CITY. IRON WORKS For Everything in the M ACHIN E RY LI N E. PLUMBING, STEAM-FITTING AND :-: ALL KINDS OF MILL AND ENGINE REPAIRING AND MILL SUPPLIES. FOUNDRY W OB X A. S P E ^ I ALTV. -CASTINGS ALL SIZES AND PATERNS. Manufacturer of the Famous SKINNER Portable Steel Cages for Chsain Gangs. gar Skinner. PHONE 141. ... SUMTFR, S. C. i Bank of Sumter. % Capital, $75,000 -:- Surplus, $47,000 -o Does General Banking Business. Four Per Cent. Interest, payable Quarterly, on Deposits in Savings Department -:- -:- -:- -: PROMPT ?ND COURTEOUS TREATMENT GU&RAHTEED. RICHARD I. MANNING, President. N WISE, W.'F. RHAME, Vice President. Cashior, 13 THE FEOirLE'3 BANK. Does n Gt nernl Btnklug F5u>inrs*, allowing/inten st 4 p^r cet t. per annum compounded quarterly "? ita Bavinpa Dapartnu i t. Centrally located and con* HtMvfttivly in a Doped. We Invite your nationale. C Cr HOW LAM). Pre>io.nt. R. F. HAYNS WORTH, Vice President R. L. EDMUNDS, Cashier. ii Cheap When or.ee youi buil< ings aie painted with GIBRALTAR PAINTS, (IN ALL COLORS) Great protection is Rflbrded f oro (ire as bated here Oct. 26th by a house tet on tire that had been painted intide and out w ith these wonSerful fire- existing materials. Hundreds were witness to Uiis test of fire Beside affording greater protection owiiiL to its fire-reristing quditie?, Gibraltar Paint is nore durable than an' other \ I M it tosists the sun heat and wears longer. B< st thing mae.e for painting ringle, tin and iron. Why not upe <i braltar faint whn lire-resisting, reasonable in priea an more durable that others ? -FOR BALE BY Durant Hardware Company, 10--28? 3m SUMTER, S. C.