if 3.c ACTS AND JOINT RESOLUTIONS OF THE. GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA, PASSED AT THE REGULAR SESSION OF 1871-' 2. PRINTED BY ORDER OF THE GENERAL ASSEMBLY, AND DESIGNED TO FORM A PART OF THE FIFTEENTH VOLUME OF THE STATUTES AT LARGE, COMMENCING WITH THE ACTS OF 1871-'72. COLUMBIA, S. C.: REPUBLICAN PRINTING COMPANY, STATE PRINTERS. 1872. / 6 / LIST OF ACTS AND JOINT RESOLUTIONS. ACTS. PAGE Appropriation. An Act to make appropriation for the payment of the per diem and mileage of the Members of the General Assembly, and the salaries of the Subordinate Officers, and other expenses incidental thereto............................................ 1 Midway. AnAct to incorporate the town of Midway................. 2 Conveyances. An Act to more effectually provide for the recording of all conveyances of real estate.................................... 5 Chemical and Soap Coompany. An Act to incorporate the Huntoon Chemical and Soap Company, of South Carolina................ 6 Union. An Act to amend the charter of the town of Union.......... 7 Code of Procedure. An Act to amend Section two hundred and seventy-nine of the Code of Procedure of the State of South Carolina.......................................................... 12 Mountaineer Fire Engine Company. An Act to incorporate the Mountaineer Fire Engine Company, of Walhalla, South Carolina............................................................... 12 Oconee County. An Act to validate the action of the County Commissioners of Oconee County, in exchanging and conveying the lot ceded to them to build a jail upon......................... 13 Debating Club. An Act to incorporate the Young Men's Africanus Debating Club....................................... 13 Strawberry Ferry. An Act to renew the charter of Strawberry Ferry over the Cooper River........................................... 14 Georgetown. An Act to alter and amend the charter of the town of. Georgetown................................... 15 Honea Path. An Act to amend an Act entitled "An Act to incorporate certain towns and villages, and to renew and amend certain charters heretofore granted."............................. 16 Wrightsville. An Act to amend an Act (No. 382) entitled "An Act to grant, renew and amend the charters of certain towns and villages therein mentioned," commencing with Section No. 36 of said Act, relating to the incorporation of the town of Wrightsville, passed at the Regular Session of the General Assembly of the State of South Carolina, 1870-71.............. 16 II LIST OF ACTS. PAGE Walboo Wharf Company. An Act to incorporate the Walboo Wharf Com pany.............................................................. 23 Judges of Probate Court. An Act to empower the Judges of the Probate Court, in their respective Counties, to issue executions....................................................................... 23 Free Enterprise Council. An Act to incorporate the Young Men's Free Enterprise Council, No. 1, of Georgetown, South Carolina......................................................................... 23 Belton. An Act to charter the town of Belton, in the County of Anderson, and State of South Carolina............................ 24 E. F. English. An Act authorizing E. F. English to build a dock and collect wharfage at Port Royal City............................ 28 Scott Rifle Guards. An Act to incorporate the Scott Rifle Guards, of Sumter............................................... 28 Palmetto Fire Engine Company. An Act to renew the charter of the Palmetto Fire Engine Company, of Columbia.....:....... 29 Walterboro Male Academy. An Act to amend an Act entitled " An Act to incorporate the Trustees of the Walterboro Male Academy."............................................................. 29 Divorces. An Act to regulate the granting of divorces................. 30 Relief Loan Association. An Act to revive and extend the charter of the Relief Loan Association, of Charleston.................. 32 Militia. An Act to alter and amend an Act to organize and govern the militia of the State of South Carolina....................... 32 Commercial Fertilizers. An Act to regulate the manufacture and sale of commercial fertilizers in the State of South Carolina. 33 Enterprise Association. An Act to incorporate the Enterprise Association, of Charleston, South Carolina............................. 34 Bureau of Agricultural Statistics. An Act to repeal an Act entitled " An Act to establish a Bureau of Agricultural Statistics for the encouragement of industrial enterprises, and to invite capital to South Carolina for the development of the resources of the State.".......................................................... 34 Appropriation. An Act to make appropriation for the payment of the per diem of the members of the General Assembly and the salaries of the subordinate officers, and other expenses incidental thereto.......................................................... 35 Chesterfield. An Act to incorporate the town of Chesterfield........ 36 Arms. An Act to repeal a Joint Resolution authorizing the Governor to purchase two thousand stands of arms of the most approved pattern, with the usual complement of ammunition, approved March 16, 1869............................. 36 LIST OF ACTS. III PAGE General Statutes. An Act to approve, adopt and make of force the General Statutes of the State of South Carolina, prepared under the direction and by the authority of the General Assembly................................................. 37 Road in Barnwell and Orangeburg Counties. An Act to establish a public road in Barnwell and Orangeburg Counties........... 38 Convict Labor. An Act to regulate the labor of persons confined in the Penitentiary of the State of South Carolina................ 38 Mechanics' and Farmers' Building and Loan Association. An Act to incorporate the Mechanics' and Farmers' Building and Loan Association, of Richland County, South Carolina....... 39 Clerks of Courts to Take Testimony. An Act to authorize Clerks of the Courts of Common Pleas to take testimony in certain cases........................................................................ 41 Right of Way. An Act to provide the manner for obtaining the right of way where lands are surrounded by other lands...... 42 Bridge over Wateree River. An Act to authorize the erection of a certain bridge over Wateree River................................ 43 Redemption of Lands Sold by General Canby. An Act to provide for the redemption of certain lands sold under order of General Ed. R. S. Canby for taxes................................... 45 Pendleton Male Academy. An Act to renew the charter of the Pendleton Male Academy............................................... 46 Saxton Riflemen. An Act to incorporate the Saxton Riflemen, of Charleston, South Carolina................................... 47 Hamburg. An Act to amend an Act entitled " An Act to charter the town of Hamburg," approved February 28, 1871.......... 48 Wallingford Church and Academy. An Act to incorporate the Wallingford Church and Academy, of Charleston.................... 48 Land Commissioner. An Act to repeal an Act entitled " An Act to provide for the'appointment of a Land Commissioner, and to define his powers and duties."............................. 49 Jail at Blackville. An Act to require the County Commissioners of Barnwell County to construct a jail at Blackville, the County seat.................... 50 Cheraw Fire Company. An Act to incorporate the Cheraw Fire Engine Company as a part of the Fire Department of the town of Cheraw...................................................... 51 Oil Company. An Act to incorporate the Carolina Oil Company.. 51 Flat at Bonneau Ferry. An Act to authorize the County Commissioners of Charleston County to place a flat at Bonneau Ferry.................................................................... 53 Pilotage. An Act to regulate pilotage at the ports of Charleston, Beaufort and Georgetown............................................. 53 iv LIST OF ACTS. PAGE Cokesbury. An Act to amend an Act entitled " An Act to incorporate the town of Cokesbury."....................................... 63 Brotherly Association. An Act to incorporate the Brotherly Association, of Charleston, S. C.................................. 63 Apportionment of School Funds. An Act to provide for the speedy apportionment of State appropriations for the support and maintenance of free common schools........................... 64 Win. N. Martin. An Act to change the name of Wm. Nathaniel Martin, and to make him one of the legal heirs of his father, 64 Springfield Baptist Church. An Act to incorporate the Springfield Baptist Church, of the city of Greenville, South Carolina... 65 Public Road. An Act to authorize the County Commissioners of Barnwell County to establish a public road from Binaker's Bridgevia the town of Graham's and Honey Ford, across the Big Saltkehatchie Swamp, in the vicinity of Rush's Mill, to intersect the Buford's Bridge and Barnwell Road at that point....................................................................... 65 Bennettsville Academical Society. An Act to revive and renew the charter and corporate privileges of the Trustees of the Bennettsville Academical Society....................................... 66 Imbeciles. An Act to require the County Commissioners to remove imbeciles from the Lunatic Asylum to their respective County Poor Houses............................................................ 67 State Savings Bank. An Act to charter the State Savings and Insurance Bank, of Anderson, South Carolina........................ 67 Yemassee and Millen Railroad. An Act to amend an Act entitled "An Act to charter the Yemassee and Millen Railroad Company, in the State of South Carolina............................ 70 Columbia, TValterboro and Yemassee Railroad. An Act to amend an Act entitled " An Act to incorporate the Columbia, Walterboro and Yemassee Railroad Company."..................... 70 Combahee Ferry. An Act to re-charter the ferry over the Combahee River, South Carolina, known as the Combahee Ferry.......... 71 Lee Abrams, et al. An Act to change the names of Lee Abrams, Dunklin Abrams and Mary Abrams to Lee Ferguson, John Ferguson, Dunklin Ferguson and Mary Ferguson, respectively, and to permit Charles M. Ferguson to adopt them and make them his lawful heirs.................................... 72 Presbyterian Church of Smyrna An Act to renew, amend and extend the charter of the Trustees of the Presbyterian Church of Smyrna, in Newberry County..................................... 72 Aliens. An Act to authorize aliens to hold property.................... 73 Lewisville. An Act toincorporate the town of Lewisville, S. C...... 73 LIST OF ACTS. v PAGE Blue Ridge Railroad Company. An Act to relieve the State of South Carolina of all liability for its guaranty of the bonds of the Blue Ridge Railroad Company, by providing for the securing and destruction of the same............................... 79 Smithville. An Act to incorporate the village of Smithville, Christ Church Parish................................................................. 83 Orangeburg. An Act to amend the charter of the town of Orangeburg....................................................................... 83 Walhalla Female College. An Act to charter the Walhalla Female College................................................................. 84 Land and Real Estate Company. An Act to incorporate the Provident Land and Real Estate Company, of Charleston, South Carolina.................................................................. 85 National Guards. An Act to incorporate the Willtown National Guards, of Colleton County................................. 86 Appropriation. An Act to make appropriation for the payment of the per diem of the members of the General Assembly, and salaries of the subordinate officers and employees, and other expenses incidental thereto........................................... 87 Mount Zion Church. An Act to incorporate the Mount Zion M. E. Church, of Kingstree, S. C......................................... 88 Spartanburg Female College. An Act to incorporate the Spartanburg Female College................................................... 88 Frog Level. An Act to re-charter the town of Frog Level............ 89 Rock Hill. An Act to grant, renew and amend the charter of the village of Rock Hill, in the County of York..................... 90 Market House at Newberry. An Act authorizing the Town Council of the town of Newberry to erect a market house on a lot of land belonging to the County of Newberry....................... 95 Quarantine. An Act,to amend an Act entitled "An Act to establish quarantine at Georgetown, Charleston and Hilton H ead".................................................................... 96 Camden. An Act to amend an Act entitled "An Act to extend the limits of the town of Camden."....................................... 97 Mullins. An Act to incorporate the town of Mullins, in Marion County, South Carolina............................................. 98 Charleston Joint Stock Company. An Act to incorporate the Charleston Joint Stock Company, of the State of South Carolina, for the benefit of the State Orphan Asylum................ 103 Inspector of Phosphates. An Act to provide for the appointment of an Inspector of Phosphates, and to declare his duties........... 104 Anderson Farmers' and Mechanics' Association. An Act to incorporate the Anderson Farmers' and Mechanics' Association...... 107 vI LIST OF ACTS. PAGE New Court louse. An Act to provide for the construction of a new Court House in and for the County of Richland................ 107 Raleigh, Columbia and Augusta Air Line Railroad. An Act to charter the Raleigh, Columbia and Augusta Air Line Railroad Com pany................................................................. 108 Carolina Light Infantry. An Act to incorporate the Carolina Light Infantry, of Charleston, S. C.......................................... 110 Lancaster. An Act to amend the charter of the town of Lancaster.. 111 Mechanics' Union. An Act to incorporate the Journeymen Mechanics' Union, of Charleston......................................... 112 Deutscher Bruderlicher Bund. An Act to incorporate the Deutscher Bruderlicher Bund, of the city of Charleston..................... 112 Manufacturing and Improvement Company. An Act to incorporate the Beaufort Manufacturing and Improvement Company...... 113 Hook and Ladder Company, No. 3. An Act to incorporate the Charleston Hook and Ladder Company, No. 3................... 115 Red Bank Manufacturing Company. An Act to incorporate the Red Bank Manufacturing Company, of Lexington County......... 116 Pickens. An Act to amend an Act entitled " An Act to incorporate the town of Pickens."................................................... 116 Little River and Cheraw Railroad Company. An Act to charter the Little River and Cheraw Railroad Company................ 117 Payment of Certain Debts by Aiken County. An Act to provide for the payment of certain debts by the County of Aiken.......... 119 Big House Ferry. An Act to charter Big House Ferry, over Beaufort River, in Beaufort County....................................... 119 Indebtedness of Darlington County. An Act to provide for the payment of the past indebtedness of Darlington County, and for other purposes......................................... 120 Mishaw Light Infantry. An Act to incorporate the Mishaw Light Infantry, of Charleston, S. C.......................................... 121 Nazareth Presbyterian Church. An Act to incorporate the Nazareth Presbyterian Church, of Spartanburg County............... 122 Aiken Light Infantry. An Act to incorporate the Aiken Light Infantry, of Aiken, S. C........................................ 123 Williamston. An Act to renew and amend the charter of the town of W illiamston....................................................... 123 Little Rock. An Act to incorporate the village of Little Rock, in the County of Marion, and for other purposes therein mentioned..................... 130 Star Fire Company. An Act to incorporate the Star Fire Engine Company, of Georgetown............................................. 135 Beaufort. An Act to amend the charter of the town of Beaufort.............................................................. 136 LIST OF ACTS. vii PAGE Jockey Club. An Act to incorporate the Columbia Jockey Club...... 139 County Commissioners. An Act conferring upon the County Commissioners certain powers in relation to the license and sale of intoxicating liquors.................................................... 139 James McCullough. An Act to permit James McCullough to adopt, change the name of, and make his lawful heir, Joseph Allen Stepp......................... 140 Union Savings Bank. An Act to charter the Union Savings Bank, of Georgetown, S. C........................................ 140 Firemen's Union. An Act to incorporate the Firemen's Union, of Charleston, S. C.. 143 Ancient York Masons. An Act to incorporate the Grand Lodge of Free and Accepted Ancient York Masons, of the State of South Carolina, and the Subordinate Lodges under its jurisdiction.......................................................... 144 Hope Steam Fire Engine Company. An Act to renew the charter of the Hope Steam Fire Engine Company, of Charleston...... 146 Code of Procedure. An Act to amend sundry Sections of the Code of Procedure, relating to the Circuit Courts...................... 146 Charleston, Georgetown and Conwayboro Railroad Company.'An Act to incorporate the Charleston, Georgetown and Conwayboro Railroad Company............................................... 149 Beauifort Horse Railroad Company. An Act to incorporate the Beaufort Horse Railroad Company, in the town and County of Beaufort.............................................................. 152 Teachers' and Jurors' Pay Certificates. An Act to prevent certain officers from buying, discounting or shaving Teachers' Pay Certificates, or other orders on School Funds or Jurors' Certificates...................... 153 Bull River and Port Royal Railroad Comupany. An Act to incorporate the Bull River and Port Royal Railroad Company..... 153 Erskine College. An Act to renew and amend the charter of Erskine College, at Due West, in Abbeville County, S. C...... 155 Tyrrell and Ida Willard. An Act to change the name of Tyrrell Willard and Ida Willard, and make them the legal heirs of T. J. Jones............................................................... 156 Columbia Artificial Stone and Cement Company. An Act to incorporate the Columbia Artificial Stone and Cement Company...... 156 Orangeburg County Fawr Association. An Act to incorporate the Orangeburg County Fair Association.............................. 157 Traction Steam Engine Company. An Act to incorporate the Trac- tion Steam Engine Company, of the city of Columbia......... 158 Useful Animals. An Act for the protection and preservation of useful anim als........................................................... 160 ~~~~~~~~~~~~~~OI~~~~~~~~~.~ 160. VIII LIST OF ACTS. PAGE New Judicial and Election County. An Act to amend an Act entitled "An Act to establish a new Judicial and Election County from portions of the Counties of Barnwell, Edgefield, Lexington and Orangeburg, to be known as Aiken County."...... 162 Saint Andrew's Lutheran 6Church. An Act to renew and amend the charter of the Saint Andrew's Lutheran Church, of Lexington County........................................................... 162 Legitimatizing Certain Children. An Act to empower fathers to legitimatize certain children by last will and testament......... 162 Assessment and Taxation of Property. An Act to amend an Act entitled "An Act providing for the assessment and taxation of property," passed September 15, 1868, and all Acts amendatorythereto............................................................... 163 Charleston Loan Association. An Act to incorporate the Charleston Loan Association, of the city of Charleston................. 166 Mountain Lodge. An Act to re-charter the Mountain Lodge, No. 15, of the Independent Order of Odd Fellows, of Greenville County, S. C.............................................................. 168 Advances for Agricultural Purposes. An Act to amend an Act entitled" An Act to secure advances for agricultural purposes.". 169 Big Bay and Adams' Run Railroad Company. An Act to charter the Big Bay and Adams' Run (narrrow gauge) Railroad Company............................................................... 169 General Elections. An Act to amend an Act to provide for general elections, and the manner of conducting the same............. 170 Agricultural College and Mechanics' Institute. An Act to incorporate the South Carolina Agricultural College and Mechanics' Institute.................................................. 172 Public Ferry. An Act to establish a public ferry in Fairfield County..................................................................... 175 James C. Thompson. An Act authorizing James C. Thompson and wife, Elizabeth Thompson, to adopt the child of Mary Couch, and to give it the name of James Lawrence Orr Thompson, and make it his lawful heir........................................... 175 Spartanburg and Aiken Railroad. An Act to authorize the formation and to incorporate the Spartanburg and Aiken Railroad....................176 Gowensville Lodge. An Act to incorporate the Gowensville Lodge, No. 107, A. F. M., of South Carolina.............................. 177 Waccamaw and Little River Canal Company. An Act to amend an Act to incorporate the Waccamaw and Little River Canal -Company 178 Com pany.................................................................. 178 Pendleton. An Act to alter and amend the charter of the town of Pendleton................................................................. 178 LIST OF ACTS. Ix PAGE Mt. Pleasant. An Act to amend an Act entitled " An Act to renew and amend the charter of the town of Mt. Pleasant"........... 182 Marriages. An Act legalizing certain marriages, and for other purposes therein mentioned................................................. 183 Reedy River Baptist Church. An Act to incorporate the Reedy River Baptist Church, of Greenville County..................... 184 Lancaster Riflemen. An Act to incorporate the Lancaster Riflmen, 184 Public Highway. An Act to re-open a public highway in Richland County............................................. 185 Rivers Guards. An Act to incorporate the Rivers Guards, of Hamburg, South Carolina.................................................. 186 School Records. An Act to provide for a uniform system of School Records.................................. 186 Inferior Court for Charleston County. An Act to establish an Inferior Court for the trial of criminal cases in the County of Charleston.........1.........8................................... 187 Damascus Baptist Church. An Act to incorporate the Damascus Baptist Church, in Sumter County, South Carolina............ 189 State Auditor. An Act to abolish the office of State Auditor, and confer the duties of his office upon the Comptroller General.. 189 Code of Procedure. An Act to amend an Act entitled " An Act to revise, simplify and abridge the rules, practice, pleadings and forms of the Courts in this State.".................................. 190 Migratory Fish. An Act to amend an Act entitled " An Act to amend an Act for the better protection of Migratory Fish.".. 190 Charleston Land and Joint Stock Company. An Act to incorporate the Charleston Land and Joint Stock Company................. 191 South Carolina Real Estate and Joint Stock Company. An Act to incorporate the South Carolina Real Estate and Joint Stock Com pany................................................................... 192 Sterling Funded Debt. An Act to repeal an Act entitled " An Act to create a debt of the State of South Carolina, to be known as the Sterling Funded Debt, the same, or the proceeds thereof, to be exclusively used in exchange for, or in payment of, the existing public debt of said State."........................ 193 Sumter Academical Society. An Act to incorporate the Sumter Academical Society........................................................ 193 Code of Procedure. An Act to alter and amend an Act entitled "An Act to revise, simplify and abridge the rules, practice, pleadings and forms of Courts in this State.".................... 194 License Law. An Act to provide for a General License Law......... 195 Marion. An Act to amend an Act entitled " An Act to alter and amend an Act to incorporate the town of Marion, and for other purposes therein mentioned."........................... 203 x LIST OF ACTS. PAGE Peay's Ferry. An Act to renew the charter of Peay's Ferry over the W ateree River...................................................... 203 Derekh Emeth. An Act to renew the charter of the Congregation Derekh Emeth, or Path of Truth, of the City of Columbia, South Carolina.................................................... 204 Lancaster and Camden Railroad Company. An Act to incorporate the Lancaster and Camden Railroad Company, of South Carolina........................................................... 204 Lincoln Light Infantry. An Act to incorporate the Lincoln Light Infantry, of Darlington............................................... 206 Widows and Orphans. An Act for the relief of the widows and orphans of persons killed because of their political opinions... 206 Edisto, Caw Caw and Waites' Creek Canal Company. An Act to incorporate the Edisto, Caw Caw and Waites' Creek Canal Company, of S. C..................................................... 207 Merchants' Building, Trust and Loan Association. An Act to incorporate the Merchants' Building, Trust and Loan Association, of Aiken, S. C.................................................. 209 Spartanburg and Port Royal Railroad Company. An Act to charter the Spartanburg and Port Royal Railroad Company.......... 210 School in. Penitentiary. An Act to provide for the establishment of a school in the State Penitentiary.................................. 211 Pharmaceutists, Apothecaries and Druggists. An Act to amend the law in relation to the license and registration of pharmaceutists, apothecaries and druggists, and to regulate the vending of drugs and poisons........................................... 212 Public Highways. An Act to amend an Act entitled " An Act to provide for the construction and repair of public highways," 215 Pay of General Assembly. An Act to regulate the pay of members of the General Assembly............................................. 216 Issuing of Checks. An Act to regulate the issuing of checks to laborers on plantations or elsewhere................................... 216 Greenwood and Augusta Railroad Company. An Act to charter the Greenwood and Augusta Railroad Company..................... 216 M2ayor and Aldermen of Columbia. An Act to authorize the Mayor and Aldermen of the city of Columbia to issue bonds, and to negotiate and sell the same............................................ 220 own of Greenwood. An Act to alter and amend the charter of the town of Greenwood, South Carolia................................. 223 Zion Baptist Church. An Act to incorporate the Zion Baptist Church, of Columbia................................................... 226 Sumter Land, Joint Stock and Loan Association. An Act to incorporate the Sumter Land, Joint Stock and Loan Association, of Sumter, South Carolina................................................ 227 LIST OF ACTS. xi PAGE Abbeville Agricultural Society. An Act to incorporate the Abbeville Agricultural Society................................................... 229 Homestead Act. An Act to reduce all Acts and parts of Acts to determine and perpetuate the homestead into one Act, and to amend the same..................................................... 229 Penitentiary and Lunatic Asylum. An Act to exempt the keepers, employees, and other officers of the South Carolina Penitentiary and Lunatic Asylum from military and other duties... 232 Buoys and Beacons. An Act for the protection of buoys and beacons.................................................................... 233 School Appropriation. An Act to supply the deficiency in the appropriation for the support and maintenance of Free Common Schools for the fiscal year ending October 31, 1871....... 233 Lowndesville. An Act to renew and amend the charter of the town of Lowndesville, Abbeville County, S. C......................... 234 St. Mary's Church. An Act to renew and extend the charter of the Roman Catholic Church of Saint Mary's, Charleston............ 238 Land Commissioner. An Act relative to the fees of the State Land Com missioner........................................................... 239 Relief L)an Ass)ciation, of Charles on. An Act to ame Id an Act, passed at the present session, entitled " An Act to revive and entend the charter of the Relief Loan Association, of Charleston."............................................................... 239 Union Baptist Church. An Act to incorporate the Union Baptist Church, of Laurens County, South Carolina...................... 240 Darlington Land, Joint Stock and Loan Association. An Act to incorporate the Darlington Land, Joint Stock and Loan Association, of Darlington, S. C................................. 240 Town of Ninety-Six. An Act to incorporate the town of NinetySix.......................................................................... 242 Savings Institution. An Act to incorporate the Peoples' Savings Institution....................................................... 245 Citizens' Building and Loan Association. An Act to incorporate the Citizens' Building and Loan Association, of Charleston... 248 Village of Lisbon. An Act to charter the village of Lisbon........ 250 Charters of Certain Towns and Villages. An Act to amend an Act entitled "An Act to grant, renew and amend the charters of certain towns and villages therein mentioned.".................. 250 Causeway Between Colleton.and Beaufort. An Act to establish a causeway over Big Saltkehatchie Swamp, at Walnut Point, connecting the Counties of Colleton and Beaufort.............. 251 Sullivan's Island Ferry Company. An Act to establish a company under the name of the Sullivan's Island Ferry Ccmpany, and to modify the charter of the Mount Pleasant Ferry Company, and for other purposes..................................... 252 xII LIST OF ACTS. PAGE Farmers', Laborers' and Mechanics' Land Company. An Act to incorporate the Farmers', Laborers' and Mechanics' Land Company, of Orangeburg County, South Carolina.............. 253 Union Savings Bank. An Act to charter the Union Savings Bank, of Columbia, S. C.................................................... 254 Gethsemane Baptist Church.'An Act to incorporate the Gethsemane Baptist Church, of Chester County................................. 257 Charleston Land and Joint Stock Company. An Act to establish the Charleston Land and Joint Stock Company................. 258 Laurensville. An Act to repeal the charter of the village of Laurensville................................................................. 259 Wharf by W. C. Garity and Others. An Act to authorize and empower W. C. Garity, F. W. Towles and D. H. Towles to establish a wharf at Martin's Point, Wadmalaw Island, South Carolina........................................................... 259 Townville. An Act to incorporate the town of Townville, in the County of Anderson................................... 260 Charleston Loan and Exchange Company. An Act to incorporate the Charleston Loan and Exchange Company........................ 263 American Union Literary Club. An Act to incorporate the American Union Literary Club, of Gadsden, Richland County, South Carolina......................................................... 265 Savings Bank. An Act to incorporate the Savings Bank of Aiken.. 266 Wateree Presbyterian Church. An Act to incorporate the Wateree Presbyterian Church, in Fairfield County........................ 267 Salem Presbyterian Church. An Act to incorporate the Salem Presbyterian Church, of Wadmalaw Island, South Carolina....... 267 Marion Lodge. An Act to renew the charter of Marion Lodge, No. 2, I. O. O. F., of Charleston, S. C............................... 268 Sons of Temperance. An Act to incorporate the Grand Division of the Sons of Temperance, of South Carolina....................... 268 Public Road. An Act to declare public a certain road in the County of Orangeburg........................................... 269 Laurens and Asheville Railroad. An Act to authorize the formation of, and to incorporate, the Laurens and Asheville Railroad... 269 Orangeburg. An Act to amend an Act entitled " An Act to grant, renew and amend the charters of certain towns and villages therein mentioned," approved March 9, 1871..................... 272 Prospect Baptist Church. An Act to incorporate the Prospect Baptist Church, of Laurens County, S. C.................................... 273 Mount Bethel Church. An Act to incorporate the Mount BethelChurch, of Laurens County.......................................... 273 Churches of Antioch, New Hope, Bethel Grove and New Bethany. An Act to incorporate the Churches of Antioch, New Hope, Bethel Grove and New Bethany, of Laurens County, S. C... 274 LIST OF ACTS. xiii PAGE Appropriations. An Act to make appropriation and raise supplies for the fiscal year commencing November 1, 1871............. 274 Financial Agent. An Act relating to the Financial Agent of the State of South Carolina in the City of New York............... 277 Bonds of South Carolina. An Act relating to the bonds of the State of South Carolina...................................................... 278 South Carolina Real Estate, Planting and Mining Company. An Act to incorporate the South Carolina Real Estate, Planting and Mining Company............................................ 281 JOINT RESOLUTIONS. Statutes. Joint Resolution to provide for the re-publication of certain Statutes of this State and Journals of the General Assembly thereof............. 283 Re-adjustment of Boundary Line. Joint Resolution to require the Governor to communicate with the proper authorities of the State of Georgia with a view to a re-adjustment of the boundary line between the States of Georgia and South Carolina, and authorizing the appointment of three Commissioners..... 284 J. A. Mayes. Joint Resolution authorizing J. A. Mayes, executor of the estate of James McBride, deceased, to sell certain lands and apply the proceeds thereof to the education of the minor heirs......................... 285 R. S. Porcher. Joint Resolution authorizing the State Treasurer to re-issue certificate of State stock to, R. S. Porcher............. 286 Samuel Dogen, et al. Joint Resolution to change the name of Samuel Dogen, Columbus Dogen and Simon Dogen to Samuel Farrow, Columbus Farrow and Simon Farrow................ 287 State Treasurer. Joint Resolution authorizing the State Treasurer to purchase a set of fire and burglar-proof doors for the vault in his office............................ 287 E. M. Rose. Joint Resolution to relieve the late County Treasurer of York County, E. M. Rose, and his bondsmen................ 287 R. Vampill. Joint Resolution to relieve R. Vampill, Treasurer of Marion County, of uncollected taxes for the year 1868........ 288 Judge Platt. Joint Resolution authorizing the State Treasurer to pay the salary of the late Judge Platt to his widow............ 288 Amendebwnt to Constitution. Joint Resolution proposing an amendment to the Constitution of the State of South Carolina....... 288 Williamsburg. Joint Resolution authorizing the County Commissioners of Williamsburg County to levy a special tax.......... 289 S. Montgomery. Joint Resolution authorizing the State Treasurer to pay the widow of Sommerfield Montgomery the sum of two hundred and fifty dollars............................................. 290 XIv LIST OF ACTS. PAGE Certificates Issued by General Assembly. Joint Resolution to provide for the payment of certificates issued by the General Assem bly.............................................................. 290 Commissioners and Managers of Elections. Joint Resolution to authorize the payment of Commissioners and Managers of Elections at Special Elections, during the year eighteen hundred and seventy-one...................................................... 291 C. Werner. Joint Resolution to authorize and direct the Comptroller General to draw warrant in favor of C. Werner, on the State Treasurer, when certain requirements are fulfilled.. 291 L. S.Langley. Joint Resolution authorizing the State Treasurer to pay to L. S. Langley, late School Commissioner of Beaufort County, the sum of one hundred and thirty-two dollars........ 292 Isaac Cowles. Joint Resolution to grant a section of land, in Lancaster County, to the widow and minor children of Isaac Cowles.................................................................... 292 Abbeville County. Joint Resolution to authorize the County Commissioners of Abbeville County to levy and collect an additional tax of two mills upon the dollar............................. 293 State Auditor. Joint Resolution authorizing and directing the State Auditor and County Commissioners to levy certain taxes..... 293 State Stock. Joint Resolution authorizing the State Treasurer to reissue to M. E. Carrere, M. D., and W. M. Wilson, Executors of Samuel Wilson, deceased, certain certificates of State Stock..................................................................... 294 School Commissioner of Union County. Joint Resolution authorizing the County School Commissioner of Union County to approve certain claims of Teachers................................. 295 Amendment to Constitution. Joint Resolution proposing an amendment to the Constitution of the State of South Carolina........ 295 ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA, Passed at the Regular Session, which was begun to be held at the city of Columbia, on the fourth Tuesday in November, A. D. 1871. ROBERT K. SCOTT, Governor. ALONZO J. RANSIER, President of the Senate. FRANKLIN J. M6sEs, Jr., Speaker of the House of Representatives. AN ACT TO MAKE APPROPRIATION FOR THE PAYMENT OF THE A. D. 1871. PER DIEM AND MILEAGE OF TIE MEMBERS OF THE GENERAL. ASSEMBLY, AND THE SALARIES OF THE SUBORDINATE OFFICERS, NO. 1. AND OTHER EXPENSES INCIDENTAL THERETO. SECTION 1. Be it enacted by the Senate and House of Represen-nehundred One hundred tatives of the State of South Carolina, now met and sitting in Gene- thousand dollars approral Assembly, and by the authority of the same, That the sum of priated for payment of one hundred thousand dollars, if so much be necessary, be, and is expenses of present seshereby, appropriated out of any money in the Treasury, for the sion. payment of the per diem and mileage of the members of the General Assembly, and the salaries of the subordinate officers, and other incidental expenses of the present session, commencing November 28, 1871. SEC. 2. That the sum of one hundred thousand dollars, if so much be necessary, be, and is hereby, appropriated for the payment thousand dollars approof any outstanding pay certificates for the per diem and mileage of priated for the members of the General Assembly, at its session, ending March oustanding 7, 1871, including all certificates given to subordinate officers for last session. services connected therewith: Provided, That the above appropriation shall be used for no other purpose. SEC. 3. That the Clerks of the Senate and House of Representa- Certificatestives be, and they are hereby, authorized and directed to furnish nishlid. 2 STATUTES AT LARGE A. D 1872. to each member of their respective bodies a pay certificate for the amount of the mileage and per diem, to include such dates as the General Assembly shall, by concurrent resolution, direct. By whom SEC. 4. That such certificate shall conform to the provisions of certified and attested. Section 23, Article II, of the Constitution of the State, and shall be certified by the President of the Senate, and attested by the Clerk of the Senate, for all members of that body, and by the Speaker of the House of Representatives, and by the Clerk of the same, for all members of that body. Pay of sub — SEC. 5. That the subordinate officers and employees of the Geneordinates and ral Assembly shall, in like manner, be furnished with certificates of employees.how fixed. pay, in such amounts as shall be fixed by that branch of the General Assembly to which such officers and employees shall, respectively, belong: Provided, however, That their pay certificates, for services rendered common to the two Houses, shall be signed by the President of the Senate, and countersigned by the Speaker of the House of Representatives. SEC. 6. That the Treasurer is hereby authorized and directed to Treasurer authorized to pay the said certificates at his counter, and to hold the certificates pay expenses at his coun- as his vouchers therefor; and he is also authorized and required to ter. retain in the Treasury office all moneys from inlcoming taxes. SEC. 7. That all Acts and parts of Acts inconsistent with this Act be, and are hereby, repealed. Approved December 21, 1871. No. 2. AN ACT TO INCORPORATE THE TowN OF MIDWAY. Corporators. SECTION 1. Be 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 authority of the same, That all persons, citizens of the United States, who now are, or hereafter may be, inhabitants of the Town of Midway, shall be deemed, and are hereby declared to be, a body politic and corporate; and that said town shall be called and known by the name of Midway; and its liororate imimits shall be deemed and held to extend four hundred and fifty yards in each direction from the present railroad depot in said town. Officers. SEC. 2. That the said town shall be governed by an Intendant and four Wardens, who shall be elected on the fourth Monday in March next, on which day, as well as on the fourth Monday of March of each year thereafter, an election shall be held for an Intendant and four Wardens, who shall be citizens of the United OF SOUTH CAROLINA. 3 States, and shall have been residents of said town for sixty days A. D. 1S72 immediately preceding said election, at such places in said town as the Intendant and Wardens shall designate, ten days' public notice thereof being previously given, in writing; and that all male Electors: inhabitants of said town, of the age of twenty-one years, who shall have resided therein sixty days previous to the election, shall be entitled to vote for said Intendant and Wardens; and the election shall be held from nine o'clock in the morning until three o'clock Election in the afternoon, when the polls shall be closed, and the Managers shall count the votes and proclaim the election, and give notice thereof to the persons elected; and that the Intendant and Wardens for the time being shall appoint the Managers to hold the ensuing election. That the Intendant and Wardens, before entering upon the duties of their respective offices, shall take the oath prescribed by the Constitution of this State, and also the following oath, to wit: "As Intendant (or Warden) of Mid- Oath of of way, I will equally and impartially, to the best of my ability, exercise the trust reposed in me, and use my best endeavors to preserve the peace, and carry into effcct, according to law, the purposes of my appointment: So help me God." SEC. 3 That in case a vacancy shall occur in the offce of Intendant, or any of the Wardens, by death, resignation, removal from hoVaaniesthe State, or from any other cause, an election shall be held by the appointment of the Intendant and Warden, or Wardens, as the case may be, ten days' notice thereof, as aforesaid, being given; and in the case of sickness or temporary absence of the Intendant, the Wardens, forming a Coincil, shall be empowered to elect one of themselves to act as Intendant during such sickness or absence. SEC. 4. That the Intendant and Wardens duly elected and qualified shall, during their term of service, severally and respectively, powedicia bevested with all the powers of Trial Justices or other inferior Courts in this State, in matters civil and criminal, within the limits of said town. That the Intendant shall, as often as occasion may require, summon the Wardens to meet him in Council, a majority of whom shall constitute a quorum for the transaction of business, and shall be known by the name of the Town Council of Midway; and they and their successors in office shall have a common seal; and shall have power and authority to appoint, from time to time, Marshalsjurisdiction such and so many persons to act as Marshals and Constables, as and duties. they shall deem expedient and proper, which officers shall have all the powers, privileges and emoluments, be subject to all the duties, penalties and regulations provided by the laws of this State for the office of Constable; and the Intendant and Wardens, in Council, shall have power and authority, under their corporate seal, to ordain 4 STATUTES AT LARGE A. D. 1872. and establish all such rules and by-laws and ordinances respecting the streets, ways, public well, and watering places, market and Rules and police of the said town, and for preserving health, peace, order and by-laws. good government within the same, as they may deem expedient and proper; and the said Council may affix fines for offenses against such by-laws and ordinances, and appropriate the same to the use of the corporation; but no fine shall exceed fifty dollars. All fines may be recovered by an action for debt before a proper tribunal. SEC. 5. That the said Coun. il shall have power to abate and reluisances. move nuisances within the limits of said town; and also to classify and arrange the inhabitants liable to public duty, and to require them to perform such duty as occasion may require, and to enforce the performance thereof under the same penalties as are now, or may hereafter be, established by law: Provided, always, nevertheless, That the said Town Council shall have power to compound with persons liable to perform such duty, upon such terms as they shall, by ordinance, establish. Streets and SEC. 6. That it shall be the duty of the Intendant and Wardens ways. to keep all streets and ways, which may be necessary for public use, within the limits of the said town, open and in good repair, and, for that purpose, they are hereby vested with all the powers, rights and privileges granted by law to the County Commissioners, within the limits of said town, and, for any neglect of duty, they shall be liable to the pains and penalties imposed by law upon County Commissioners for like neglect; and they are hereby, individually, exempt from the performance of road and police duty; and the inhabitants of said town are hereby exempt from road and police duty without the limits of said corporation. Commutation SEC. 7. That the said Intendant and Wardens shall have power to compound with persons liable to work on said streets and ways, and to release such persons as may desire it, upon the payment of such sum of money as they may deem a fair equivalent therefor, to be applied by them to the use of the said corporation. SEC. 8. That the said Town Council of Midway shall also be emMay hold and dispose of powered to retain, possess and enjoy all such property as they may property. now be possessed of, or entitled to, or which shall hereafter be given, bequeathed to, or in any manner acquired by them, and to sell, alien, or in any way transfer the same, or any part thereof: Provided, The amount of property so held, or stock invested, shall, in no case, exceed fifteen thousand dollars. Annual tax. SEC. 9. That the said Town Council of Midway shall have power to impose an annual tax on all real and personal property within the corporate limits of said town: Provided, Said tax does not exceed ten cents on the one hundred dollars. OF SOUTH CAROLINA. 5 SEC. 10. That the Intendant and Wardens of the Town of Mid- A. D. 1872. way shall have power to regulate sales at auction, within the limits V of said town, and to grant licenses to auctioneers: Provided, That salesat aucnothing herein contained shall extend to sales.by Sheriffs, Clerk of tion. Court, Judge of Probate, Coroner, Executors, Administrators, Assignees, or by any other person, under the order of any Court or Trial Justices. SEC. 11. That the Intendant and Wardens of the Town of Mid- Sidewalks. way shall have power and authority to require all persons owning a lot or lots, in said Town of Midway, to keep in repair the sidewalks adjacent to their lots, respectively; and, for default in this matter, shall have power and authority to have the work done at the expense of such lot owners. SEC. 12. That the power to grant or refuse licenses to keep a tavern, or to retail intoxicating drinks, be, and the same is hereby, Licenses. vested in the Town Council of the Town of Midway; and that they be also invested with all necessary power, by ordinance, or ordinances, to suppress or regulate the sale of intoxicating drinks, to be drunk at the place where sold, or in or upon any of its appurtenances, or in or upon any of the highways, streets, lanes, alleys, commons, kitchens, stores, public buildings, booths, stalls, or out-houses of the said town, or within one-fourth of a mile of the present railroad depot, in the town of Midway, in the County of Barnwell: Provided, That no rule or regulation shall be made inconsistent with the Constitution and laws of the State. SEC. 13. That this Act shall be taken and deemed as a public Act in all Courts of Justice, and shall continue of, force for the term of fourteen years from its passage. Approved January 8, 1872. AN ACT TO MORE EFFECTUALLY PROVIDE FOR TI-IE RECOD- No. 3 ING OF ALL CONVEYANCES OF REAL ESTATE. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in Gen- tCovbeedycs eral Assembly, and by the authority of the same, That every con- thirty-three veyance of real estate, within this State, hereafter made, shall, Clerl' offilce. within thirty-three days, be recorded in the office of the Clerk of the County in which such real estate shall be situated, except in in Charleston County to be the County of Charleston, where all such conveyances shall be re- recorded in office of Regcorded, within the same time, in the office of the Register of Mesne oiter ofg Conveyance; an every suc coneyce, not recorded, shall bMene ConConveyance; and every such conv;eyance, not so recorded, shall be veyance. 6 STATUTES AT LARGE A. D. 1872. void, as against any subsequent purchases, in good faith, and for a valuable consideration, of the same real estate, or any portion Conveyances thereof: Provided, Such subsequent purchaser shall have first reenot. irecord- corded his said conveyance. SEc; 2. Different sets of books shall be provided by the Clerks Clerks tf of the several Counties for the recording of deeds and mortgages; provide dif- in one of which sets, all conveyances, absolute in their terms, and ferent sets of'books. not intended as mortgages, oras sureties in the nature of mortgages, shall be recorded; and in the other set, all such mortgages, or sureties in the nature of mortgages, shall be recorded. SEC. 3. All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed. Approved January 8,1872. No. 4. AN ACT TO INCORPORATE THE HUNTOON CHEMICAL AND SOAP COMPANY, OF SOUTH CAROLINA. SECTION 1. Be it-enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in GeneCorporators. ral Assembly, and by the authority of the same, That W. B. Nash, S. A; Swails, L. Wimbush, -William Simons, H. W. Purvis, J. E. Green, Anson W. Thayer, H. H. Montgomery, John B. Dennis, Edward Mickey, James Davis, B. A. Nerland, John Bates, Timothy Hurley, A. H. Monteith, C. D. Hayne, R. H. Cain, S. B. Thompson, H. H. Hunter, W. H. Jones, J. N. Hayne, J. Mobley, John Meade, W. J. Whipper, S. Farr, B. A. Bosemon, M.. J. Calnan, and their associates and successors, are hereby made and created a body politic and corporate in law, under the name and style of the " Huntoon Chemical and Soap Company," for the purpose of manufacturing chemicals and soap, and disposing of the corporation same, and for the pupose of carrying on such other business as may be connected therewith, with a capital of one million dollars, Capital. in shares of one hundred (100) dollars each, with the privilege of establishing its principal office in the city of Charleston, and a branch establishment at Columbia. SEC. 2. That said Company shall have succession of officers and Rules and members, to be chosen according to the rules and by-laws made, and regulations. to be made, for their government and direction, and shall have Powers and power and authority to make by-laws, (not repugnant to the laws privileges. of the land;) to make, have and use a common seal, and the same to alter at will; to sue and be sued in any Court in this S ate; to OF SOUTH CAROLINA. 7 purchase and hold any lands, tenements or hereditaments, goods or A. D. 1S72. chattels, which may benecessary, connected with, or conducive to, ~ the purposes for which said Company is established. SEC. 3. This corporation shall enjoy all the privileges that are awarded under the general laws of the State to any corporation, together with the special privileges accorded by this charter. Approved January 8, 1872. AN ACT TO AMEND THE CHARTER OF THE TOWN OF UNION. NO 5. SECTION 1. Be 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 authority of the same, That, from and Corporators. immediately after the passage of this Act, all and every person or persons whatsoever, who are constitutionally qualified to vote for members of the Legislature of this State, and who may have resided within the present corporate limits of the town of Union sixty days, and their successors, are hereby declared to be members of the corporation hereby intended to be created. SEC. 2. That the said persons, and their successors, shall, from Corporate and after the passage of this Act, become a body politic and cor- limits. porate, and shall be known and called by the name of the town of Union, and its corporate limits shall extend one mile, in the direction of cardinal points, from the Spartanburg and Union Railroad Depot, in said town, as a centre, and form a square. SFC. 3. That the said town shall be governed by an Intendant and four Wardens, who shall be elected on the second Monday of officers. September in each year, ten days' notice being previously given, and shall continue in office for one year, and until the election and qualification of their successors; and that all male inhabitants of said town, who shall have attained the age of twenty-one years, and resided therein sixty days previous to the election, shall be entitled to vote for said Intendant and Wardens. SEC. 4. That the election of Intendant and Wardens of the said Election. town shall be held in some convenient public place in said town, from nine o'clock in the morning until six o'clock in the afternoon; and, when the polls shall be closed, the Managers shall forthwith count the votes and proclaim the election, and give notice, in writing, to the persons elected. The Intendant and Wardens, for the time being, shall always appoint three Managers to conduct the election, Managers. who, before they open the polls for said election, shall take an oath 8 STATUTES AT LARGE A. D. 1872. fairly and impartially to conduct the same; and the Intendant and Wardens, before entering upon the duties of their offices, shall, respectively, take the oath prescribed by the Constitution of this Oath of of- State; and, also, the following oath, to wit: "As Intendant (or flce. Warden) of the town of Union, I will equally and impartially, to the best of my ability, execute the trust reposed in me, and will use my best endeavors to preserve the peace and carry into effect, according to law, the purposes for which I have been elected: So help me God." SEC. 5. That in case a vacancy should occur in the office of InVacancy. tendant, or any of the Wardens, by death, resignation or otherwise, an election to fill such vacancy shall be held, by the appointment of the Intendant and Warden, or Wardens, as the case may be, fifteen days' previous notice being given; and, in case of the sickness or temporary absence of the Intendant, the Wardens, forming a Council, shall be empowered to elect one of the Wardens to act as Intendant during the time. SEc. 6. That the Intendant and Wardens, duly elected and qualiJudicial fled, shall, during their term of office, severally and respectively, powers. be vested with all the powers of Trial Justices or other inferior Courts in this State, within the limits of the said town; and the Intendant shall and may, as often as may be necessary, summon the Wardens to meet in Council, any two of whom, with the Intendant, or any three Wardens, may constitute a quorum to transact business; and they shall be known by the name of the General Town Council of Union; and they and their successors, hereafter powers, to be elected, may have a common seal, which shall be affixed to all their ordinances; may sue and be sued, may plead and be impleaded, in any Court of law or equity in this State; and purchase, hold, possess and enjoy, to them, and their successors, in perpetuity, or for any term of years, any estate, real or personal, or mixed, and sell, alien and convey the same: Provided, The same shall not exceed, at any one time, the sum of ten thousand dollars. And the said Intendant and Wardens shall have full power to make and establish all such rules, by-laws and ordinances, respecting the roads, streets, market, commerce, trade, buildings and police of said town, as shall appear to them necessary and requisite for the security, welfare and convenience of the said town, or for preserving health, peace, order and good government within the same. And the said Fines. Council may fix and impose fines and penalties and imprisonment in the County jail for the violation thereof, and appropriate the fines to the public use of the said corporation: Provided, That no fine shall exceed fifty dollars for any one offense, and no imprisonment shall exceed twenty days; and when any person shall be charged with an OF SOUTH CAROLINA. 9 offense, for which a fine of more than twenty dollars is ordained, A. D. 1872. the said charge willbe heard and determined in an action of debt, to be brought in the name of the said Town Council, for the recovery of said fine, before a Court, having jurisdiction of causes of action of that amount, for Union County. And if the fine ordained be not more than twenty dollars, or the offense be one for which imprisonment is ordained, the said Town Council, or a quorum thereof, shall have power to hear and determine the said charge, and render judgment therein. In all cases of trials to be had before the said Town Council, as hereinafter provided, the party charged shall be cited to trial by a service ipon him of a summons, under the hand of the Intendant, or any one of the Wardens, wherein shall be expressed, with certainty, the offense charged, and the time and place of trial, which service shall be made at least five days before the day of trial. SEC. 7. That all fines imposed by the said Town Council, for any violation of ordinances or any default in the performance of street duty, shall be collected by afieri facias; and the said Town Council shall have power to procure and compel the attendance of witnesses by process similar to that which, by law, Magistrates may use in the trial of small and mean causes. SEC. 8. That the Intendant and Wardens of said town shall have. Licenses. full and only power to grant or refuse licenses for billiard tables, to keep tavern, or retail spirituous liquors, within the said limits, which licenses shall be granted in-the same manner, and upon the same conditions, as they now are, or may hereafter be, under the laws of the State; and all the powers vested in the County Commissioners are hereby granted to the said Intendant and Wardens within the said limits; and all moneys paid for licenses, and for fines and forfeitures for retailing spirituous liquors, keeping taverns and billiard tables, within said limits, without licenses, shall be appropriated to the public uses of the said corporation: Provided, That the Intendant and Wardens, duly elected and qualified, shall not have power to grant any license to keep a tavern or to retail spirituous liquors to extend beyond the term for which they shall have been elected. SEc. 9. That it shall be the duty of the said Intendant and War- Roads and dens to keep all roads, streets and ways, within their corporate streets. limits, open and in good repair; and, for that purpose, they are invested with all the powers granted to the County Commissioners. They shall also have power to levy a tax upon the property of said town to keep the buildings in said town for educational purposes in repair. And they shall also have power to compound with all persons liable to work the streets, ways and roads in said town, 10 STATUTES AT LARGE A. D. 172. upon such terms as they shall, by ordinance, establish; the money so received to be applied to the public use of the said corporation. Arnd all persons refusing or failing to pay such commutation shall be liable to such fines and penalties as the said Town Council may impose. And no person, residing within the said limits, shall be liable to work on any road or bridge without the said limits, or be taxed or assessed for the same. The said Town Council shall have power to require license fees from the keepers of, ten-pin alleys, or License fees. any other pin alleys, and to grant or refuse licenses for the same, upon such terms and conditions, and subject to such regulations, as they may, by ordinance, establish. They shall also have power to require license fees from itinerants, auctioneers, owners of public drays, wagons, livery stables, vehicles and horses kept for hire, within the corporate limits of said town. They shall also have Annual Taxation. power to impose an annual tax upon the property in said town, to wit: Upon all real estate, not exceeding ten cents on the value of one hundred dollars; upon all stock in trade, not exceeding ten cents on every hundred dollars' worth of -the value of said stockthe State assessment to be taken as the basis of taxation. And the Assessments. said Town Council shall have power to enforce the payment of all taxes and assessments levied by the said Council against the property and persons of defaulters to the same extent, and in the same manner, as is provided by law for the collection of the general Executions. State tax, except that executions to enforce the payment of the town taxes shall be issued under the seal of the corporation, and directed to the Town Marshal or other person specially appointed by the said Council to collect the same; and the money so collected shall be applied to the public uses of the said corporation. And all property upon which a tax shall be levied and assessed is hereby declared and made liable for the payment thereof, in preference to all other debts due by the person owning the property at the time of the assessment, except debts due the State, which shall be first paid. SEc. 10. That the said Town Council shall have power and auSidewalks. thority to require all persons owning a lot or lots in said town to make and keep in good repair sidewalks in front of said lot or lots, whenever the same shall front on, or adj in, any public street of said town, if, in the judgment of the Council, said sidewalk shall be necessary; the width thereof, and the manner of construction, to be designated and regulated by the said Council; and for default or refusal, after reasonable notice, to make and keep in repair such sidewalks, the Town Council may cause the same to be made, or put in'repair, and require the owner to pay the price of making or repairing; and the said Town Council are hereby empowered to OF SOUTH CAROLINA. 11 sue for and recover the same: Provided, That such contract for A. D. 1872 making or repairing be let to the lowest bidder. SEC. 11. That the Intendant and Wardens shall have power, and are hereby authorized, to elect or appoint one or more Mar- Marshals. shals, who shall be duly sworn in and invested with all the powers Constables now have by law, and whose jurisdiction and authority shall be confined to the corporate limits of said town; and the Intendant and Wardens, or any one or more of them, are hereby authorized to require the Marshal of said town, or any special Constable appointed by said Intendant and Wardens for that purpose, to commit to the jail of Union County, for a term not exceeding twenty-four hours, any person who, within the corporate limits of said town, may be engaged in a breach of the peace, any riotous or disorderly conduct, open obscenity, public drunkenness, or in any conduct grossly indecent or dangerous to the citizens of said town, or any of them. And all persons so imprisoned shall pay all costs and expenses incident to their imprisonment, which said costs and expenses shall be collected in the same manner as is provided by this Act for the collection of fines imposed for violation of ordinances: Provided, That such imprisonment shall not exempt the party from the payment of any fine which the Council may impose for the offense for which he may have been committed. SEc. 12. That said Council shall have power to collect licenses from all persons representing publicly, within their corporate limits, Plays. for gain or reward, any plays or shows, of what nature or kind soever, to be used for the purpose of said corporation. SEC. 13. That all fines which shall hereafter be collected, by con-.isposition viction in the Court of Sessions, for retailing, without license, of fines. within the corporate limits of said town, shall be paid one-half to the informer, and the other half to the said Town Council, for the use of the said corporation. SEC. 14. That the said Council shall have full power and authority to abate all nuisances within the corporate limits, and also to ap- Nuisances. point a Board of Health for said town, and to pass all such ordinances as may be necessary to define the powers and duties of said Board, and to impose fines and penalties upon the members of said Board of Board for neglect of duty: Provided, That no fine hereby authorized Health. to be imposed shall exceed the sum of twenty dollars. SEC. 15. That all streets, hereafter to be opened in the said corporation, shall be at least sixty feet wide, except when such width streets. cannot be allowed on account of permanent buildings erected, or in course of erecti6n, at the time of the opening of said streets. SEc. 16. That each Town Council shall, within one month after Final settlethe expiration of their term of office, make out and return to their ment. 12 STATUTES AT LARGE A. D. 1872. successors a full account, under oath, of their receipts and expendi~ tures during their term, and shall pay over all moneys in their hands, belonging to the corporation, and deliver up all books, records and other papers incident to their office to their successors; and on failure so to do, they shall be liable to the punishment prescribed in the seventeenth (17th) Section of this Act. SEC. 17. That, for any willful violation or neglect of duty, inalViolation or neglect of practice, abuse or oppression, the said Intendant and Wardens, duty. severally, shall be liable to indictment in the Court of Sessions, and, upon conviction, to imprisonment and fine, not exceeding one hundred dollars, or imprisonment, not exceeding sixty days, or both, at the discretion of the Court, besides being liable for damages to any person injured. SEC. 18. That this Act shall bea public Act, and continue of force for twenty years, and until the end of the session of the Legislature then next ensuing; and that all Acts and parts of Acts heretofore passed, inconsistent with, or repugnant to, this Act, be, and the same are hereby, repealed. Approved January 8, 1872. No. 6. AN ACT TO AMEND SECTION Two HUNDRED AND SEVENTY-NINE OF THE CODE OF PROCEDURE OF THE STATE OF SOUTH CAROLINA. Be 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 authority of the same, That Section two hundred and seventy-nine of the Code of Procedure be amended by striking out the word " second," from the first line of said Section. Approved January 8, 1872. No. 7. AN ACT TO INCORPORATE THE MOUNTAINEER FIRE ENGINE COMPANY, OF WALHALLA, SOUTH CAROLINA. SECTION 1. Be 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 authority of the same, That William Corporators. Korber, John Dale, A. Brennecke, S. S. Smeltzer, Martin Ansel, P. Hoyt, H. Stucke, Jacob Schroder, Jr., Jas. Watson, and their successors in office, shall be known by the name and style of the OF SOUTH CAROLINA. 13 Mountainer Fire Engine Company, of Walhalla, South Carolina, A. D. 182. be, and they are hereby, created and constituted a body corporate te and politic, with a capital stock not to exceed the sum of five thou- it sand dollars, with the right to sue and be sued, plead and be impleaded, in any Court of competent jurisdiction; to have and use Powers and a common seal, and the same to alter at will and pleasure; and privileges. with all the rights, privileges and immunities that are now, or hereafter may be, secured by law to like incorporated bodies.,SEC. 2. That this Act shall be deemed a public Act, and shall remain in force for the term of fourteen years. Approved January 8,1872. AN ACT TO VALIDATE THE ACTION OF THE COUNTY COMMIS- No. 8. SIONERS OF OCONEE COUNTY IN EXCHANGING AND CONVEYING THE LOT CEDED TO THEM TO BUILD A JAIL UPON. Whereas the County Commissioners of Oconee County, in the exercise of their discretion, changed the location of the jail for said Location of County, and exchanged the lot ceded to the State for the purpose of jail changed, erecting a jail for the one on which the jail now stands; and changed. whereas the parties with whom the exchange was made have sold the said lot to Joseph J. Norton, and the said County Commissioners have executed titles to him; now, therefore, Be it enacted by the Senate and House of iRepresentatives of the Action State of South Carolina, now met and sitting in General Assembly, County cornand by the authority of the same, That the action of the County validated. Commissioners aforesaid be, and the same is hereby, validated, and Title to lot the title of the State to the said lot conveyed to and confirmed in confirmed the said Joseph J. Norton, his heirs and assigns' forever. Approved January 8, 1872. AN ACT TO INCORPORATE THE YOUNG MEN'S AFRICANUS DE- NO 9. BATING CLUB. SECTION 1. Be 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 authority of the sarne, That T. A. Davis, corporators, R. W. Givens, R. S. Robertson, F. J. Pugh, R. Nesbit, N. Lewis, 14 STATUTES AT LARGE A D. 1872' A. Lathan, J. C. Finley and B. F. Dennis, and their associates and yll~l' successors, are hereby made and created a body politic and corpoTitle. rate, under the name and style of the Young Men's Africanus Debating Club, situated in the city of Charleston. SEC. 2. And said corporation shall have power to make by-laws, Powers and privileges. not repugnant to the laws of the land; and shall have succession of officers and members, according to their elections; and to keep and use a common seal, the same to alter at will; to sue and be sued in any Court in this State; to have and enjoy every right, power and privilege incident to such corporation; and it is hereby empowered to acquire, retain and enjoy all such property, real and personal, as may be given or bequeathed to, or purchased by, it; and to sell, convey or mortgage the same, or any part thereof, at will. SEC. 3. That said corporation may, from time to time, invest their iayhold anf moneys, assets or any property which it may acquire, in such real dispose of property. and personal property, bonds, stocks, or in securities, in such sums, and on such terms and conditions, as it may deem proper; and to execute bonds, &c., under its corporate seal: Provided, That the it l maximum value of all property held or owned by said corporation Capital limited. shall not exceed twenty-five thousand dollars. SEc. 4. This Act to continue in force during fifteen (15) years, and may be given in evidence without being specially pleaded. Approved January 8,1872. No. 10. AN ACT TO RENEW TIE CHARTER OF STRAWBERRY FERRY, OVER THE COOPER RIVER. OhU'_'I'iUiN L. If bjCi dl/'Atd/L3 \I J..VlJIVsentatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the Strawberry charter of the ferry over the Cooper River, known as Strawberry rery. herw. Ferry, be, and the same is hereby, renewed for the term of seven years, from and after the passage of this Act; and the same is nvee whom hereby vested in Mrs. Elizabeth Waring, her executors, administrators and assigns, subject to like powers, privileges and limitations as rowers and were formerly conferred upon the owner of. said ferry by law: Pro-privileges. vided, however, That the following rates of ferriage only shall be charged and collected, to wit: For foot passengers, each, ten cents; horses, each, ten cents; one horse, with buggy, wagon, or cart, and Rates of toll. driver, fifty cents; two horses, with carriage, wagon, and driver, OF SOUTH CAROLINA. 15 seventy-five cents; cattle, ten -cents, each, long ferriage; short fer- A. D. 1872 riage to be one-half the above. rates. SEC. 2. All persons attending public meetings and elections, and children going to and coming from school, shall be carried free. Approved January 8,1872. AN ACT TO ALTER AND AMEND THE CHARTER OF THE TOWN OF o. 11 GEORGETOWN. SECTION 1. Be 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 authority of the same, That so much of Time and the charter of the town of Georgetown as determines the day oflCe of elec' election be, and the same is hereby, amended so as to fix the day of election of Intendant and Wardens of the town of Georgetown on the first Monday in April, eighteen hundred and seventy-two, (1872,) and on the first Monday of the same month in every year thereafter; said election to be held in some convenient public place in said town, from eight o'clock A. M., until five o'clock P. M.; and, when the polls shall be closed, the Managers shall forthwith count the votes, and declare the election, and give notice thereof, in writing, to the Intendant therein being, who shall, within two days thereafter, give notice, or cause the same to be given, to the persons duly elected: Provided, That the Intendant and Wardens now in office shall continue therein until their successors are elected and qualified. SEc 2. That all laws now of force in relation to the election of Intendant and Wardens, except so far as hereby repealed, be and continue in force. SEc. 3. That the Intendant and Wardens of the said town of Georgetown are hereby vested with all the power and authority Power and over the poor within the town of Georgetown which, by the law, ovaer thetpor. now belong, or may hereafter belong, to the County Commissioners of Georget,wn County over the poor of said County. And, for the purpose of raising funds to provide for the comfort and support of the said poor, the said Intendant and Wardens may assess and col- Tax for sup. lect a poor tax on the taxable property of the said town, in thepoor. same manner as they assess and collect taxes thereon for the support of the government of the town: Provided, That said tax shall not exceed ten (10) per cent. on the amount of taxes therein paid to the said town: Provided, further, That the tax payers of the said 16 STATUTES AT LARGE A. D. 1872 town of Georgetown shall not be taxed for the support of the poor ^~- outside of the corporate limits of said town. Approved January 8, 1872. No. 12. AN ACT TO AMEND AN ACT ENTITLED " AN ACT TO INCORPORATE CERTAIN TOWNS AND VILLAGES, AND TO RENEW AND AMEND CERTAIN CHARTERS HERETOFORE GRANTED." SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in Gene-' Honea Path ral Assembly, and by the authority of the same, That so much of amended. an Act entitled "An Act to incorporate certain towns and villages, and to renew and amend certain charters heretofore granted," and approved at the session of the General Assembly, 1855, in so far as relates to the town of Honea Path, in Anderson County, be so amended as to confer upon the said corporation all the privileges, rights and immunities now enjoyed by the town of Anderson, in accordance with their amended charter. SEC. 2. All Acts and parts of Acts inconsistent thereto be, and the same are hereby, repealed. Approved January 31, 1872. No. 13. AN ACT TO AMEND AN ACT (No. 382) ENTITLED "AN ACT TO GRANT, RENEW AND AMEND THE CHARTERS OF CERTAIN TOWNS AND VILLAGES THEREIN MENTIONED," COMMENCING WITH SECTION No. 36 OF SAID ACT, RELATING TO THE INCORPORATION OF THE TOWN OF WRIGHTSVILLE, PASSED AT THE REGULAR SESSION OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA, 1870-'71. SECTION 1. Be it enacted by the Senate and House of RepreCorporators. sentatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That, from and after the passage of this Act, all citizens of this State, having resided twelve months within this State, and sixty days in the vilName and lage of Wrightsville, shall be deemed, and are hereby declared to blimits of towe said vilge sl be be, a body politic and corporate; and the said village shall be OF SOUTH CAROLINA. 17 called and known by the name of Wrightsville; and its corporate A. D. 1872. limits shall include Edisto Island, together with Eddingsville. The metes and bounds of said town of Wrightsville will be bounded on the north by North Edisto Inlet or River, on the south by South Edisto River and St. Helena Sound, and on the east by Atlantic Ocean, and on the west by Johosse Island and Edisto River. SEC. 2. That the said village shall be governed by an Intendant Qualification and four Wardens, who shall be citizens of the United States, and Int^aendasn who shall have resided in this State twelve months, and shall have been residents of the said village sixty days immediately preceding their election, and who shall be elected on the third Monday in May, 1872, and on the same day in each year thereafter, ten days' public notice thereof being previously given; and that all male inhabitants of the age of twenty-one years, citizens of the State, and who shall have resided within the State twelve months, and in the Electors. said village sixty days immediately preceding the election, shall be entitled to vote for said Intendant and Wardens-paupers and persons under disabilities for crime excepted. SEC. 3. The said election shall be held at some convenient public Election. place in said village, from eight o'clock in the morning until four o'clock in the afternoon; and, when the polls shall be closed, the Managers shall forthwith count the votes, and declare the election, and give notice thereof, in writing, to the Intendant therein being, who shall, within two days thereafter, give notice, or cause the same to be given, to the persons duly elected: Provided, The Commissioners of Election of Charleston County shall call the first elec- cBy whom tion under this Act, and shall appoint Managers to conduct the same, who shall make returns thereof to the Commissioners, the same'as other elections held in this State; and the said Commissioners shall count the votes and declare the election, and notify the persons so elected Intendant and Wardens of the said village. Tie Intendant and Wardens, before entering upon the duties of their offices, shall, respectively, take the oath prescribed by the Constitution of the State, and also the following oath, to wit: "As In- Oath. of office. tendant (or Warden) of the village of Wrightsville, I will equally and impartially, to the best of my ability, exercise the trust reposed in me, and will use my best endeavors to preserve the peace and carry into effect, according to law, the purposes for which I have been elected: So help me God." And if any person, upon being Penalty for, elected Intendant or Warden, shall refuse to act as such, he shall see to forfeit and pay to the Council the sum of twenty dollars, for the use of the said village: Provided, That no person who has attained the Proviso. age of sixty years shall be compelled to serve in either of said offices; nor shall any other person be compelled to serve, either as 2 18 STATUTES AT LARGE A.D. 1872. Intendant or Warden, more than one year in any term of three years. The Intendant and Wardens, for the time being, shall Managers. always appoint one or more Boards of Managers, three Managers for each Board, to conduct the election, who, before they open the polls, shall take an oath fairly and impartially to conduct the same. Vacanciesd - SEC. 4. That in case a vacancy shall occur in the office of Inhow filled. tendant, or any of the Wardens, by death, resignation, removal, or otherwise, an election to fill such vacancy shall be held by order of the Intendant and Wardens, or a majority of them, ten days' public notice being previously given;'and, in case of sickness or temporary absence of the Intendant, the Wardens, forming the Council, shall be empowered to elect one of the number to act as Intendant during the time. Judicial SEC. 5. That the Intendant and Wardens, duly elected and qualipowers. fled, shall, during their term of service, severally and respectively, be vested with all the powers of Trial Justices, or Justices of the Peace, as the case may be, in this State, within the limits of the said village, except for the trial of small and mean causes; and the Intendant shall or may, as often as is necessary, summon the Wardens to meet in Council, any three of whom, with the Intendant, shall constitute a quorum to transact business; and they shall be known as the Town Council of Wrightsville; and they and their Right and successors in office, hereafter to be elected, may have a common privileges. seal, which shall be affixed to all of their ordinances; may sue and be sued, plead and be impleaded, in any Court of Justice in this S.tate; and purchase, hold, possess and enjoy, to them and their successors, in perpetuity, or for any term of years, any estate, real, persoial or mixed, and sell, alien or convey the same: Provided, The same shall not exceed, at any one time, the sum of ten thousand dollars. And the said Town Council shall have authority to appoint, from time to time, as they may see fit, such and so many Marshals - proper persons to act as Marshals, or Constables, of said village, as their powers the said Council may deem necessary and expedient for the preserand duties. vation of the peace, good order and police thereof; which persons, so appointed, shall, within the corporate limits of said village, have the power and privileges, and be subject to all the obligations, penalties and regulations provided by law for the office of Constable, and shall beliable to be removed, at the pleasure ofsaid Council; Market and and the said Town Council shall have power to establish, or auguard house may be estab- thorize the establishment of, a market house in said village; also, ishled. to authorize the establishment of a guard house, and to prescribe suitable rules and regulations for keeping and governing the same; and until the said guard house be established, they shall be author OF SOUTH CAROLINA. 19 ized to use a roomn in the common jail in the County of Charleston, A D 1872. for the confinement of all who may be subject to be committed for a violation of any ordinances, rules and regulations of said town; and the said Town Council, or the said Intendant and Wardens, in person, any one or more of them, may authorize and require any Mar- Powe to ar shal of the town, or any Constable, specially appointed for that pur- rest and comin mit to jail. pose, to arrest and commit to the said guard house, or jail of Charleston County, as the case may be, for a term not exceeding twenty-four hours, any person or persons who, within the corporate limits of said town, may be engaged in a breach of the peace, any riotous or disorderly conduct, open obscenity, public drunkenness, or any conduct grossly indecent, or dangerous to the citizens of said town', or any of them; and it shall be the duty of the Town Marshal, or Constables, to arrest and commit all such offtnders, when required so to do, and who shall have power to call to their assistance the posse comitatus, if need be, to aid in making such arrest; and upon Penalty for neglect of the failure of such officers to perform such duty as required, they duty. shall, severally, be subject to such fines and penalties as the Town Council may impose upon them; and all persons so imprisoned shall pay the costs and expenses incident to their imprisonment, which said costs and expenses shall be collected in the same manner as is provided for the collection of fines imposed for the violations of ordinances, rules and regulations: Provided, That such imprisonment shall not exempt the party from the payment of any fine the Council may impose for the offense which he, she, or they may have committed. And the said Town Council shall have full power May make rules and regand authority, under their corporate seal, to make all such rules, ulations. regulations, by-laws and ordinances respecting the streets, roads, and the business thereof, as well as the police system of the said town, as shall appear to them necessary and proper for the security, welfare and convenience, and for preserving health, order and good government within said town. And the said Town Council may Fines. impose fines for offenses against their by-laws, rules and regulations and ordinances, and appropriate the same to the public use of said town; and the said Town Council shall have the same power that Trial Justices, or Justices of the Peace, now have, or may hereafter have, to compel the attendance of witnesses, and requiring them to give evidence, upon the trial before them of any person or persons for a violation of any of their ordinances, by-laws, rules or regulations; but no fine above the sum of twenty-five dollars shall be collected by said Council, except by suit in the proper Courts of justice in this State; and, also, that nothing herein contained shall authorize said Council to make any ordinance or by-law inconsistent with, or repugnant to, the laws of the State. 20 STATUTES,AT LARGE A D 1872. SEC. 6. That the said Intendant and Wardens, or a majority of Nuisances them, shall have power to abate and remove all nuisances in said town; and it shall be their duty to keep all roads, ways, bridges and asteets and streets, in said town, open and in good repair; and, for that purpose, they are invested with all the powers of County Commissioners, or Commissioners of Roads, for and within the corporate limits of the said town; and they may lay out new streets, close up, widen, or otherwise alter those now in use; and shall have full power to classify and arrange the inhabitants or citizens of said town, liable to street, road or other public duty therein, and to force the performance of such duty, under such penalties as are now, or shall hereafter be, prescribed by law; and they shall have power to May corn- compound with all persons liable to work the streets, ways and pound with persons liable roads, in said town, upon such terms as their ordinances or by-laws streetdy. may establish, or their rules and regulations require —the moneys so received to be applied to the public uses of said town; and all persons refusing to labor, or failing to pay such commutation, shall be liable to such fine, not exceeding twenty dollars, for any one year, as the said Town Council may impose; and they shall have the power to enforce the payment of such fine, in the same manner as is now, or may be hereafter, provided for the collection of County taxes. And the said Town Council shall have power, with the consent of the adjacent land owners, to close all such roads, streets and ways within the said town, as they may deem necessary, by the sale of the freehold therein, either at private or public sale, as they may adjudge best for the interest of the said town; and they shall keep in repair all such new streets, roads and ways as they may, from time to time, deem necessary for the improvement and convenience of said' town: Provided, That no street, road or way shall be opened without first having obtained the consent of the land owner or owners thereof, through whose premises any such new street, road or way may pass. Sidewalks. SEC. 7. The said Town Council shall have power and authority to require all persons owning a lot or lots, in said town, to close in, and to make and keep in good repair sidewalks in front of said lot or lots, whenever the same shall front or adjoin any public street of said town, if, in the judgment of the Council, such sidewalks shall be necessary-the width thereof, and the manner of construction, to be designated and regulated by the said Town Council; and for default or refusal, after reasonable notice, to make and keep in good repair such sidewalk, and to close such lot or lots, the Town Council may cause the same to be made, or put in repair, and require the owner to pay the price of making or repairing; and the said Town Council are hereby empowered to sue for and recover the same, by OF SOUTH CAROLINA. 21 action of debt, in any Court of competent jurisdiction: Provided, A.D. 1872. That such contract for making or repairing is let to the lowest bid- - f Board of der. The said Town Council shall appoint three discreet persons, Health-their powers and who shall form a Board of Supervisors of the Health, who shall duties. have power over the ways and water courses, ditches and stagnant water ponds, and take such other sanitary measures as the public health require, giving twenty days' notice to the occupants of said premises, where the said nuisance lies, and in default of non-compliance with the order of said Board, the parties so offending shall be fined in a sum not less than twenty dollars, or thirty days in the County jail, for each and every offense, the said complaints to be brought before any Trial Justice, or Justice of the Peace, in and for the County of Charleston. The said Board shall have power over the cemeteries and public grave yards within the corporation. SEC. 8. The Intendant and Wardens of the said town, or a ma- Licenses. jority of them, shall have full power to grant or refuse licenses to keep taverns or retail spirituous liquors within the corporate limits of the said town, upon such condition, and under such circumstances' as to them shall seem proper and right: Provided, That in no instance shall the price of a license to keep a tavern, or to retail spirituous liquors, be less than the amount that is established by the State; and all moneys paid for licenses, and for fines aid forfeitures, shall be appropriated to the public uses of said town: Provided, That the Intendant and Wardens duly elected shall not have power to grant any license to keep taverns,'or retail spirituous liquors, to extend beyond the term for which they have been elected. They shall have power to regulate sales at auction within saies at aucthe corporate limits of the town, and to grant licenses to auctioneers, tion itinerant traders, to keepers of hotels and livery stables, and to levy a tax on all drays, carts, wagons, carriages, omnibuses, buggies, horses, mares, mules kept for hire or used for public purposes in said town; and they shall have the full and only power to impose a tax on all shows or exhibitions for gain or reward within the cor- Shows, &c. porate limits of said town; they shall have power to impose a tax, not exceeding twenty cents on every hundred dollars of the value of all real and personal property lying within the corporate limits of the town-the real and personal property of churches and schools and college associations excepted. That an ordinance declaring Rates of taxthe rates of annual taxation upon property, and other subjects of published. annual taxation for the year, shall be published at least three weeks during the month of January, in each year: Provided, That the said Town Council shall have power to levy a tax for this year, Assessment and taxation under the same rule as is above stated, immediately after the pass- of property. age of this Act, and that all persons liable to taxation under the 22 STATUTES AT LARGE A. D. 1372. same shall make oath of their taxable property within said town, and make payment of their taxes to the Clerk or Treasurer of said corporation, or such other person as they may be ordered or required to do, during,the succeeding month after publication; and upon the failure to make such return and payment, as required, the Penalty for parties so in default shall be subject to the penalties provided by law failure to return prop- for failure to pay the general State and County taxes, to be enforced by the orders of the Intendant and Wardens, or a majority of Executions. them, for the use of said town, except that in such cases that executions to enforce the payment of such taxes shall be issued under the seal of the corporation, and may be directed to the Town Marshal, or other person appointed by the said Town Council, to levy, collect and receive the same, with costs, as in such cases made and provided by law; and all property, upon which such tax shall be levied and assessed, is hereby declared and made liable for the payment thereof, in preference to all other debts, except debts due to the State, which shall be first paid; and that all other taxes imposed by the Intendant and Wardens, or a majority of them, shall be payable in advance by the parties liable for the same, and on failure of payment, their property shall be liable for the same, as in manner and form just before stated. SEC. 9. The Intendant and Wardens elect, together with Clerk and Treasurer, shall, during their term of office, be exempt from shall pub- street and police duty. Each Town Council shall, within one month ish acco'nt of after the expiration of their term of office, make out and return to receipts and expenditures. their successors in office, a full account of their receipts and expenditures during their term, which account shall be published in one or more papers of the County; and shall pay over all moneys in their possession belonging to the corporation, and deliver up all books, records and other papers incident to their office to their successors, and on failure to do so they shall be liable to be fined in a sum not exceeding five hundred dollars, to becollected by any proper action of the Town Council. Orlinances SEC. 10. That all ordinances or by-laws passed by the Town validtated. Council of Wrightsville shall be binding upon the citizens of said town, the same as the laws of the State. Sec. 11. That all Acts and parts of Acts inconsistent with, or supplied by, this Act be, and the same are hereby, repealed. SEC. 12. This Act shall be deemed a public Act, and continue in force until repealed. Approved January 31, 1872. OF SOUTH CAROLINA. 23 AN ACT TO INCORPORATE THE WALBOO WHARF COMPANY. A. D. 1872. SECTION 1. Be it enacted by the Senate and House of Represent- No. 14. tatives of the State of the South Carolina, now met and sitting in General Assembly, and by the authority of the same, That George Corporators. Avinger, Samuel Brettas, Thomas Davis, Daniel Anderson, Jacob McDaniels, their associates and successors in office, be, and they are hereby, constituted a body politic, under the name and style of the " Walboo Wharf Company," with a capital stock not exceed- Capital tock. ing ten thousand dollars, with the right to sue and be sued, to plead and be impleaded, in any Court of competent jurisdiction; to have and to use a common seal, the same to alter at will and pleasure: Provided, That said corporation shall have all the privileges, Powers and and be subject to all the liabilities and restrictions applicable privileges thereto, of the Act to regulate the formation of corporations. SEC. 2. This Act shall be deemed a public Act, and shall remain in force for a term of fourteen years. Approved Jahuary 31, 1872. AN ACT TO EMPOWER THE JUDGES OF THE PROBATE COURT, IN NO. 15. THEIR RESPECTIVE COUNTIES, TO ISSUE EXECUTIONS. Whereas doubts have arisen whether the Judges of the Probate Court in this State are authorized to issue executions to carry into effect any order, sentence or decree of such Court; therefore, SECTION 1. Be 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 authority of the same, That, from and Probate Judges mnay after the passage of this Act, the Judges of the Probate Court, in issue execu. the several Counties in this State, may, and they are hereby, fully tins. authorized and empowered to issue executions, when that is the necessary and proper process, to carry into effect any order, sentence or decree of such Court. SEC. 2. That all Acts and parts of Acts inconsistent with this Act be, and the same are hereby, repealed. Approved January 31, 1872. AN ACT TO INCORPORATE THE YOUNG MEN S FREE ENTER- No. 16. PRISE COUNCIL, No. 1, OF GEORGETOWN, SOUTH CAROLINA. Whereas George H. Powley, Moses Smalls, T. G. Rutledge, An- Corporators. 24 STATUTES AT LARGE A. D. 1872. thony Jonding and Julius C. Smalls have prayed that the Young' —-" — Men's Free Enterprise Council, No. 1, of Georgetown, South Carolina, may be incorporated; therefore, SECTION 1. Be 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 authority of the same, That, from and immediately after the passage of this Act, all those persons who are now, or who hereafter may become, members of the said Council, shall be, and- are hereby, incorporated, and are hereby declared to Corporate be a body politic and corporate, in deed and in law, by the name name. and style of the " Young Men's Free Enterprise Council, No. 1, of Georgetown, South Carolina;" and by the said name shall haye perpetual succession of officers and members, and a common seal, with power to change, alter and make new the same as often as the said corporation shall deem expedient. SEC. 2. That the said corporation shall be capable, in law, to - purchase, have, hold, receive, enjoy, possess and retain to itself, in perpetuity, or for any term of years, any lands, tenerents or hereditaments, or other property, of what nature soever, not exceeding the sum of ten thousand dollars, or to sell, or to alien the same, as the said corporation shall think fit; and, by its name, to sue and be sued, plead and be impleaded, in any Court of law or equity in this State; and to make such rules and by-laws, not repugnant to the laws of the land, as, for the order, good government and management thereof, may be thought necessary and expedient. SEC. 3. This Act shall be deemed a public Act, and continue in force for the term of fifteen years. Approved January 31, 1872. No. 17. AN ACT TO CHARTER THE TOWN OF- BELTON, IN THE COUNTY OF ANDERSON, AND STATE OF SOUTH CAROLINA. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in GenCorporators. eral Assembly, and by the authority of the same, That, from and after the passage of this Act, all citizens of this State, having resided sixty days in the town of Belton, shall be deemed, and are hereby declared to be, a body politic and corporate, and the said town shall be called and known by the name of Belton, and its OF SOUTH CAROLINA. 25 corporate limits shall extend one-half mile in each direction from A D. 1872the depot in said town. r Corporate limits. SEC. 2. That the said town shall be governed by an Intendant and six Wardens, who shall be citizens of the United States, and shall have been residents of the said town for sixty days immediately preceding their election, who shall be elected on the second Electosr. Monday in April, 1872, and every year thereafter on the second Monday in January, ten days' public notice thereof being4previously given; and that all male inhabitants, of the age of twentyone years, citizens of the State, and who shall have resided in the said town for sixty days immediately preceding the election, shall be entitled to vote for said Intendant and Wardens. SEC. 3. That the election for Intendant and Wardens of the said town shall be held in some convenient house, or some other convenient public place in said town, from 9 o'clock in the morning until 5 o'clock in the afternoon, and, when the polls shall be closed, the Managers shall forthwith count the votes and proclaim the election, and give notice, in writing, to the persons elected. At the Managers of first election for Intendant and Wardens, Messrs. G. W. McGee, B. Election. D. Dean and Ira Williams are hereby appointed to act as Managers, with authority to supply, by appointment, vacancies that may occur from death, refusal to serve, or otherwise. The Intendant and Wardens so elected shall appoint three Managers to hold the ensuing and any subsequent election. The Managers in each case shall, before they open the polls for said election, take an oath fairly and impartially to conduct the same; and that the Intendant and Wardens, before entering upon the duties of their respective offices, shall take the oath prescribed by the Constitution of this State, and, also, the following oath, to wit: "As Intendant (or Warden) of the town of Oath of of-.ice. Belton, I will equally and impartially, to the best of my ability, exercise the trust reposed in me, and I will use my best endeavors to preserve the peace and carry into effect, according to law, the purposes for which I have been elected: So help ipe God." The said Intendant and Wardens shall hold their offices from the time of their election until the second Monday in January ensuing, and until their successors shall be elected and qualified. Vacancies - SEC. 4. That in case a vacancy should occur in the office of the howfilled. Intendant, or any of the Wardens, by death, resignation, removal, or otherwise, or in case of a tie in said election, an election to fill such vacancy shall be held, by the appointment of the Intendant and Wardens, (or Warden, as the case may be,) 26 STATUTES AT LARGE A. D 1872. ten days' public notice thereof being previously given; and, in case of the sickness or temporary absence of the Intendant, the Wardens, forming a Council, shall be empowered to elect one of their number to act in his stead during the time. Powers and SEC. 5. That the Intendant and Wardens duly elected and qualiduties, fled shall, during their term of service, severally and'respectively, be vested with all the jurisdiction and powers of Trial Justices and Justices of the Peace, except the trial of civil cases, and except as it may otherwise be provided in this Act, within the limits of said town; and the Intendant shall and may, as often as he may deem necessary, summon the Wardens to meet in Council, any two of whom, with the Intendant, may' constitute a quorum to transact business, and they shall be known by the name of the Town Council of Belton; and they and their successors, hereafter to be elected, may have a common seal, which shall be affixed to all the ordinances; and the said Town Council shall have authority to appoint, from time to time, as they see fit, such and so many proper persons Marshals- to act as Marshals or Constables of the said town, as the said Town aunisduities Council may deem necessary and expedient for the preservation of the peace, good order and police thereof, which persons, so appointed, shall, within the corporate limits of said town, have the powers, privileges and emoluments, and be subject to all the obligations, penalties and regulations provided by law for the office of Constable, and shall be liable to be removed at the pleasure of said Council; and the said Town Council shall have power to establish, or to authorize the establishment of, the market house in said town. And the said Town, Council shall have full power and authority, By-laws and under their corporate seal, to make all such rules, by-laws and ordiordinances. nances, respecting the streets, roads, market house, and the business thereof, and the police system of the said town, as shall appear to them necessary and proper for the security, welfare and convenience, and for preserving health, order and good government Fines, within the same; and the said Town Council may impose! fines for offenses against their by-laws and ordinances, and appropriate the same to the public use of. said town; and the said Council shalt have power to compel the attendance of witnesses, and require them to give evidence upon the trial before them of any person for violation of any of these by-laws or ordinances; but no fine above the sum of twenty dollars shall be collected by the Town Council, except by suit in a Court of competent jurisdiction: And provided, also, That no fine shall exceed fifty dollars; and, also, that nothing herein contained shall authorize the said Council to make any by-law or ordinance inconsistent with, or repugnant to, the laws of this State; and all the by-laws, rules and ordinances the said Council may make, OF SOUTH CAROLINA. 27 shall, at all times, be subject to revisal or repeal by the General s- A. D 1872. sembly'of this State. SEC. 6. That the said Intendant and Wardens shall have full Nuisances. power to abate and remove nuisances in the said town, keep all roads, ways and streets within the corp6rate limits in good repair, and for that purpose they are invested with all the powers heretofore granted to Commissioners of Roads; and shall have full power to classify and arrange the inhabitants of said town, liable to street, ble to road road or other public duty therein, and to force the performance of and street dusuch duty, under such penalties as are now, or shall heareafter be, prescribed by law: Provided, That the said Town Council may compound with persons liable to perform such duty, upon such terms, and on the payment of such sums as may be established by laws or ordinances: And provided, also, That the individuals who compose the said Town Council shall be exempt from the performance of road and police duty, and the inhabitants of the said town are hereby exempt from road and' police duty without the corporate Exemptions. limits of said town. SEC. 7. That the power to grant or refuse license for billiard Licenses. tables, to keep tavern, or retail spirituous liquors within the limits of the said corporation, be, and the same is hereby, vested in the Town Council of Belton; and they shall also have power to impose a tax on shows or exhibitions, for gain or reward, within the limits, and all moneysso received shall be appropriated to the public use of said corporation. SEC. 8. That the said Town Council of Belton shall have power Arrests. to arrest and commit to jail, for a space of time not exceeding twelve hours, and to fine not exceeding twenty dollars, any person or persons who shall be guilty of disorderly conduct in said town, to the annoyance of citizens thereof; and it shall be the duty of the Marshal of the town to make such arrest, and call to his assistance the posse comitatus, if necessary; and, upon failure to perform such duty, he shall, be fined in a sum not more than twenty dollars for each and every offense. SEc. 9. That the said Town Council of Belton shall also have Taxes. power to impose and collect an annual tax upon the assessed property of said town: Provided, No tax shall be imposed in any one year to exceed the rate of ten -cents on each hundred dollars of such assessed property, and that the money so raised shall be applied to the use of the said town. The said Town Council shall have power to enforce the payment of all taxes levied by the said Town Council to the same extent, and in the same manner, as is now, or hereafter shall be, provided by law for the collection of the general State taxes. 28 STATUTES AT LARGE A. D. 1872. SEC. 10. That the said Town Council of Belton shall have power S c to regulate sales at auction within the limits of said town, and to Sales at auction. grant licenses to auctioneers: Provided, Nothing herein contained shall extend to sales by Sheriff, Clerk of the Court, Judge of Probate, Coroner, Executor, Administrator, Assignee in Bankruptcy, or by any other person out of the order, decree of any Court, Trial Justice or Justice of the Peace. SEC. 11. That this Act shall be deemed a public Act, and shall continue in force until repealed. Approved January 31, 1872. No. 18.. AN ACT AUTHORIZING E. F. ENGLISH TO BUILD A DOCK, AND COLLECT WHARFAGE AT PORT ROYAL CITY. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, E. F. English and by the authority of the same, That E. F. English be, and he autborized to build a dock is hereby, authorized to build a dock to deep waters of Beaufort at Port Royal City. River, at Port Royal City, to collect wharfage on the same, and to use, sell or lease said dock for his own benefit, subject to any laws now existing, or hereafter to be made, in relation to such property.. Approved January 31, 1872. No. 19. AN ACT TO INCORPORATE THE SCOTT RIFLE GUARDS, OF SUMTER. - SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in GteneCorporators. ral Assembly, and by the authority of the same, That Samuel J. Parson, Joseph Sumter, Oscoe Roach, and their associates and suce cessors, be, and they are hereby, incorporated and declared a body Title. politic, under the name and style of the "Scott Rifle Guards," in deed and in law; and, as such body politic, shall have the power to Powers and use and keep a common seal, and the same at will to alter; to make privleges. all necessary by-laws, not repugnant to the laws of the land; and to have succession of officers and members, conformable to such bylaws; to sue and be sued, plead and be impleaded, in any Court of OF SOUTH CAROLINA. 29 law or equity in this State; and to have, use and enjoy all other A. D 1872. rights, and be subject to all other liabilities, incident to bodies corporate. SEc. 2. That this Act shall be deemed and taken to be a public Act, and shall continue in force for the space of fourteen years from its passage. Approved January 31, 1872. AN ACT TO RENEW THE CHARTER OF THE PALMETTO FIRE NO. 20. ENGINE COMPANY, OF COLUMBIA. Be 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 authority of the same, That the charter of the Pal- Charter renewed and metto Fire Engine Company, of Columbia, be, and the same is extended. hereby, renewed and extended for a period of fifteen years; and the said company is hereby authorized to adopt the name and style of Palmetto Steam Fire Engine Company. Approved January 31, 1872. AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO INCOR-'No. 21. PORATE THE TRUSTEES OF THE WALTERBO ROUGH MALE ACADEMY.' SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now Inet and sitting in General Assembly, and by the authority of the same, That an Act entitled " An Act to incorporate the Trustees of the Walterborough Nanes of Male Academy," be so amended by striking out, in the first Section corporators stricken out, of the said Act, the names of the corporators, making null and rights, &l., void the powers of their successors, and vesting all the rights, privi- trict TrUsleges arid immunities in the Trustees of the School District wherein the said Academy is located. Approved January 31, 1872. 30 STATUTES AT LARGE A. D. 1872, AN ACT TO REGULATE THE GRANTING OF DIVORCES. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in GenValidity of eral Assembly, and by the authority of the same, When the validity a matrriage- how affirmed. of a marriage shall be denied or doubted by either of the parties, the other mayinstitute a suit for affirming the marriage; and, upon due proof of the validity thereof, it shall be decreed to be valid; and such decree shall be conclusive upon all persons concerned. causes for SEC. 2. That a divorce from the bond of matrimony may be dedivorce. creed for the following causes: Adultery. 1st. Adultery; Desertion. 2d. When either party willfully abandons or deserts the other for the period of two years: Provided, That, when the suit is instituted by the party deserting, it appears that the desertion was caused by the extreme cruelty of the other party, or that the desertion by the wife was caused by the gross or wanton and cruel neglect of the husband to provide suitable maintenance for her, he being of sufficient ability so to do. urisiCtion. SEC. 3. That the Circuit Courts of Common Pleas shall have origivested in Cir- nal jurisdiction of suits for annulling or affirming marriages, or for cuit Court. divorces.'No such suit shall be maintained, unless the parties, or one of them, is a citizen of this State, or shall have resided therein at least one whole year previous to instituting the same. The suit By whom shall be brought in the County in which the patties last cohabited, and where the suit may or (at the option of the plaintiff) in the County in which the debe bought. fendant resides, if a resident of this State; but if not, then in the County in which the plaintiff resides. uits for SEC. 4. That suits for divorce shall be commenced by summons Suits for divorce - how and complaint, in the same manner as other actions; and, whether commenced. the defendant answer or not, the cause shall be heard, independently of the admissions of either party in the pleading, or otherwise. Costs-how Costs may be awarded to either party, as justice and equity may reawarded. quire. Court or SFc. 5. That the Court, in term, or the Judge, in vacation, mzay, Judge may compel the at any time pending the suit, make any order that may be proper man to support the wo- to compel the man, to pay any sums necessary for the maintenance man or minor children, c. of the woman, and to enable her to carry out the suit, or to prevent him from imposing any restraint on her personal liberty, or to provide for the custody and maintenance of the minor children of the parties during the pendency of the suit, or to preserve the estate of the minor, so that it be forthcoming to meet any decree which OF SOUTH CAROLINA. 31 may be made in the suit, or to compel him to give necessary se- AD. 1872. curity to abide such decree. SEC. 6. When the suit is for divorce for adultery, the divorce Divorce - when not to shall not be granted if it appears that the parties voluntarily co- be granted. habited after the knowledge of the fact of adultery, or that it occurred more than five years before the institution of tle suit, or that it was committed by the procurement or connivance of the plaintiff. SEC. 7. Upon decreeing the dissolution of a marriage, and also IPower of upon decreeing a divorce, the Court may make such further decree make further decree, &c. as it shall deem expedient concerning the estates and maintenance of the parties, or either of them, and the care, custody and naintenance of the children, and make a new decree concerning the same, as the circumstances of the'children'may require. SEC. 8. When a divorce is granted for the cause of adultery or W wife-when'entitled to willful desertion, committed by the husband, the wife shall be en- her dower. titled to her dower in his lands, in the same manner as if he were dead; but she shall not be entitled to dower in any other case of divorce from the bond of matrimony. SEC. 9. Upon the dissolution of a marriage by a decree of nullity eWhet elti or divorce, for any cause, except that of adultery committed by the rcal estate, wife, the wife shall be entitled to the immediate possession of her real estate, in like manner as if her husband were dead; and the Court may make a decree, restoring to the wife the whole, or any part, of the personal estate that may have come to the husband by reason of the marriage, or awarding to her the value thereof in money, to; be paid by the husband. SEC. 10. When the Court deems it proper to award to the wife Husband to any personal estate, or money in lieu thereof, it may require the estae Wat e: husband to disclose,, on oath, what personal estate has come to him ceiged b marriage. byreason of the marriage, and how it has been disposed of, and what portion thereof remains in his hands. SEC. 11. When a divorce is decreed for any of the causes men- Alimony. tioned in Section 2 of this Act, the Court granting it may decree alimony to the wife, or any share of her estate, in the nature of alimony, to the husband. SEC 12. When alimony or other annual allowance is decreed for Security for the wife or children, the Court may require sufficient security to be alimony. given for its payment, according to the terms of the decree. SEC. 13. Upon actions of divorce for the cause mentioned in Section 2 of this Act, in order to secure a suitable support and maintenance to the wife and such children as may be committed to her care and custody, an attachment of the husband's real and personal Attachment. estate may be made by the officer serving the summons. The amount 32 STATUTES AT LARGE A.D. 1872. for which the attachment may be made shall be expressed in the warrant of attachment, which must be obtained from a Judge or a Clerk of the Court in which, or before whom, the action is brought. Laws of at- SEC. 14. That all laws relating to attachment of real or personal tachment a- estate shall apply to attachments herein provided for, so far as the plicable unuer this Act. same are not inconsistent with this Act. Divorce- SEC. 15. When an inhabitant of this State, whose marriage has e of 0non been consummated therein, shall go into another State or country solely to obtain a divorce, for any cause occurring here, and whilst the parties resided here, or for any cause which would not authorize a divorce by the. laws of this State, a divorce so obtained shall be of no force or effect in this State. Approved January 31, 1872. No. 22. AN ACT TO REVIVE AND EXTEND THE CHARTER OF THE RELIEF LOAN ASSOCIATION, OF CHARLESTON. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in GeneCharter- ral Assembly, and by the authority of the same, That the charter revived and of the Relief Loan Association, passed on the twentieth day of December, in the year of our Lord one thousand eight hundred and fifty-six, be, and is hereby, revived and extended for the term of five years from the date of this Act. SEc. 2. The said Association is hereby re-invested with all the rights of property, which it had at the expiration of its charter, or which its trustees may have acquired since; and shall have power to sue for and collect all amounts due to the said Association, or its trustees, and to sell and convey all the said estate, real or personal, for the closing up of the said Association. Approved January 31, 1872. N. 23. AN ACT TO ALTER AND AMEND AN ACT TO ORGANIZE AND GOVERN THE MILITIA OF THE STATE OF SOUTH CAROLINA. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now net and sitting -in General Assembly, and by the authority of the same, That Section, 15 of an Act to organize and govern the militia of the State of OF SOUTH CAROLINA. 33 South Carolina, approved March 16, 1869, is hereby altered and A. D. 1872. amended so as to read: "The duties of Quartermaster General shall devolve upon the Adjutant General in times of peace." SEC. 2. That the office of Assistant Adjutant General be, and is hereby, abolished, and the duties of that office are hereby conferred upon the Adjutant General. SEC. 3. That all Acts or parts of Acts inconsistent with this Act be, and the same are hereby, repealed. Approved February 2, 1872. AN ACT TO REGULATE THE MANUFACTURE AND SALE OF No. 25. COMMERCIAL FERTILIZERS IN THE STATE OF SOUTH CAROLINA. SECTION 1. Be 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 authority of the same, All commer- All fertilizers to be labeled. cial fertilizers manufactured,sold, or kept for sale, in the State of South Carolina, shall have affixed to every bag, barrel or parcel thereof a written or printed label, which shall specify the names of the manufacturer and seller, their respective places of business, and the constituent parts thereof. SEC. 2. Whoever manufactures, sells, or keeps for sale, any commerPenalty for cial fertilizeror fertilizers,notlabeled in accordance with the provisions false labeling and failure to of the preceding Section, and whosoever shall affix to any bag, barrel label. or other parcel of any fertilizer any label not truly specifying the constituent parts thereof, and the names of the manufacturer and seller, shall be punished by a fine of twenty dollars for the first offense, and a fine of forty dollars for the second and every subsequent offense, one-half of which shall, in every case, be for the use of the prosecutor. SEC. 3. This Act shall be deemed a public Act, and be in force after its ratification. Approved February 2, 1872. 3 34 STATUTES AT LARGE. D. 1872. AN ACT TO INCORPORATE THE ENTERPRISE ASSOCIATION, OF TCHARLESTON, SOUTH CAROLINA. No. 26. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in GeneCorporators. ral Assembly, and by the authority of the same, That Jacob Mills, T. A. Davis, N. Spencer, Samuel Marion, Aaron Wrighten, Abraham Williams, Joseph Parker, S. B. Middleton, Richard White, George Martin, Jacob Royal, John A. Adams, R. N. Gregorie, Isaac Weston, Edward Weston, their associates and successors, are hereby made and created a body politic and corporate, under the Title. name and style of "The Enterprise Association, of Charleston, South Carolina." SEC. 2. And said corporation shall have power to make by-laws, not repugnant to the laws of the land, and shall have succession of Powers and privileges. officers and members, according to their election; and to keep and use a common seal, the same to alter at will; to sue and be sued in any Court in this State; to have and enjoy every right, power and privilege incident to such corporations; and it is hereby empowered to acquire, retain and enjoy all such property, real and personal, as may be given, or bequeathed to, or purchased by, it, and to sell, convey or mortgage the same, or any part thereof, at will. SEC. 3. That said corporation may, from time to time, invest May assign?ndldisposeof moneys, assets, or any property which it may acquire, in such real propert;y;. and personal property, bonds, stocks, or in sureties, in such sums and on such terms and conditions, as it may deem proper, and to execute bonds, &c., under its corporate seal: Provided, That the maximum value of all property, held and owned by said corporation, shall not exceed fifty thousand (50,000) dollars. SEC. 4. This Act shall continue in force during twenty years, and may be given and taken in evidence without being especially pleaded. Approved February 2,1872. No. 27. AN ACT TO REPEAL AN ACT ENTITLED "AN ACT TO ESTABLISH A BUREAU OF AGRICULTURAL STATISTICS FOR THE ENCOURAGEMENT OF INDUSTRIAL ENTERPRISES, AND TO INVITE CAPITAL TO SOUTH CAROLINA FOR THE DEVELOPMENT OF THE RESOURCES OF THE STATE." SECTION 1. Be it enacted by the Senate and House of Repre OF SOUTH CAROLINA. 35 sentatives of the State of South Carolina, now met and sitting in A. D. 172. General Assembly, and by the authority of the same, That an Act A'b'h entitled "An Act to establish a Bureau of Agricultural Statistics gA Bureau of Agricultufor the encouragement of industrial enterprises, and to invite capi- ral Stat sties repealed. tal to South Carolina for the development of the resources of the State," passed the 26th day of September, A. D. 1868, be, and the Duties consame is hereby, repealed, and the duties heretofore performed by ferredon Se eretary of the Commissioner of Agriculture shall be, and the same are hereby, state. conferred upon the Secretary of State. SEC. 2. That all Acts or parts of Acts inconsistent with this Act be, and are hereby, repealed. Approved February 2, 1872. AN ACT TO MAKE APPROPRIATION FOR TIE PAYMENT OF THE No. 28. PER DIEM OF THE MEMBERS OF THE GENERAL ASSEMBLY, AND THE SALARIES OF THE SUBORDINATE OFFICERS, AND OTHER EXPENSES INCIDENTAL THERETO. SECTION 1. Be it enacted by the Senate and.House of Represen- $150,000 ap tatives of the State of South Carolina, now met and sitting in Gen- propriated. eral Assembly, and by the authority of the same, That, for the payment of the per diem of the members of the General Assembly, and the salaries of the subordinate officers, and other expenses incidental thereto, the sum of one hundred and fifty thousand dollars, if so much be necessary, be, and the same is hereby, appropriated out of any funds in the Treasury not otherwise appropriated. SEC. 2. That the Clerks of the Senate and House of Represen- certificatestatives be, and they are hereby, authorized and directed to furnish by whom fur hished. to each member of their respective bodies a pay certificate for the amount of his per diem, to include such dates as the General Assembly shall, by concurrent resolution, direct. SEC. 3. That such certificates shall conform to the provisions of By whom Section 23, Article 2, of the Constitution of the State, and shall be atitie. and certified by the President of the- Senate and attested by the Clerk of the Senate, for all members of that body, and by the Speaker of the House of Representatives and by the Clerk of the same, for all members of that body. SEC. 4. That the subordinate officers and employees of the GenPay of suberal Assembly shall, in like manner, be furnished with certificates of ordinates-by pay in such amounts as shall be fixed by that branch of the Gene- al Assembly to which such officers and employees shall, respectively, belong: Provided, however, That the pay certificates, for services 36 STATUTES AT LARGE A. D. 1872. rendered common to the two Houses, shall be signed by the President of the Senate and countersigned by the Speaker of the House of Representatives. Treasurer SEC. 5. That the Treasurer of the State is hereby authorized and to pay at his counter. directed to pay the said certificates, at his counter, out of any funds in the Treasury not otherwise disposed of, and to hold the certificates as his vouchers therefor, and he is authorized and required to retain in the Treasury office all moneys from incoming taxes. Approved February 5, 1872. No. 29. AN ACT TO INCORPORATE THE TOWN OF CHESTERFIELD. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in GenCorporators. eral Assembly, and by the authority of the same, That the persons residing within the area of one-half mile in the direction of north and south from the Court House, in the County of Chesterfield, and one-half of a mile in the direction of east and west from said Court House, are hereby created a body corporate, under the name of the town of Chesterfield, with the officers the same in number, Powers and and having the same powers and privileges, and subject, in every privileges. respect, to the provisions of the charter granted to the town of Manning, by an Act approved the 9th day of March, A. D. 1871. SEC. 2. That this Act shall be taken and deemed a public Act, and shall continue in force until amended or repealed. SEC. 3. That all Acts and parts of Acts inconsistent with this Act be, and the same are'hereby, repealed. Approved February 5, 1872. No. 30. AN ACT TO REPEAL A JOINT RESOLUTION ENTITLED "JOINT RESOLUTION AUTHORIZING THE GOVERNOR TO PURCHASE TWO THOUSAND STANDS OF ARMS, OF THE MOST IMPROVED PATTERN, WITH USUAL COMPLEMENT OF AMMUNITION," APPROVED MARCH 16, 1869. Be 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 authority of the same, That the Joint Resolution, OF SOUTH CAROLINA. 37 entitled "Joint Resolution authorizing the Governor to purchase A. D. 1872. two thousand stands of arms, of the most improved pattern, with usual complement of ammunition," approved March 16, 1869, be, and the same is hereby, repealed. OFFICE SECRETARY OF STATE, COLUMBIA, S. C., February 5, 1872. The foregoing Act, having been presented to the Governor of this State for his approval, and not having been returned by him to that branch of the General Assembly in which it originated within the time prescribed by the Constitution, has become a law without his approval. (Signed) F. L. CARDOZO, Secretary of State. AN ACT TO APPROVE, ADOPT AND MAKE OF FORCE THE NO. 31. GENERAL STATUTES OF THE STATE OF SOUTH CAROLINA, PREPARED UNDER THE DIRECTION, AND BY THE AUTHORITY, OF THE GENERAL ASSEMBLY. Be 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 authority of the same, That the General Statutes of General the State of South Carolina, prepared, under its authority, by W. tutes adopted J. Whipper, C. W. Montgomery and D. T. Corbin, Esquires, and reported to the General Assembly, be, and the same are hereby, adopted as the Statutes of the State of South Carolina, and the Acts, Ordinances and Resolves, recommended by their titles to be repealed by said Commissioners, be, and the same are heieby, repealed. OFFICE SECRETARY OF STATE, COLUMBIA, S. C., February 10, 1872. The foregoing Act, having been presented to the Governor of this State for his approval, and not having been returned by him to that branch of the General Assembly in which it originated 38 STATUTES AT LARGE A. D. 172. within the time prescribed by the Constitution, has become a law without his approval. (Signed) F. L. CARDOZO, Secretary of State. No. 32. AN ACT TO ESTABLISH A PUBLIC ROAD IN BARNWELL AND ORANGEBURG COUNTIES. SECTION 1. Be it enacteed by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That J. D. Road from Cleckly, F. E. Salinas, Isaac S. Bamberg and Daniel Quattlebaum, Bamberg to Fogle's ill. be, and they are hereby, authorized and empowered, immediately after the passage of this Act, to lay out, construct and open a public road, leading (by the best and most direct way) from Bamberg, in Barnwell County, to Fogle's Mill, on the Orangeburg Road, in Orangeburg County. Commission- SEC. 2. That, in the construction of said road, the Commissioners ers to erect bridges. aforesaid shall cause to be constructed and erected such bridges as they may deem necessary: Provided, however, The cost of erecting limited. such bridges shall not exceed the sum of four hundred dollars, to be paid, equally, by the said Counties of Barnwell and Orangeburg. SEC. 3. That said Commissioners be further authorized and reMay order d to order out all persons, liable to road duty r residing within out persons prs, duty iable to road five miles of the line of said road, as located, (excepting those livduty. ing in incorporated towns,) to perform three days' work, in each month, on said road, until its completion. Approved February 15, 1872. No. 33. AN ACT TO REGULATE THE LABOR OF PERSONS CONFINED IN THE PENITENTIARY OF THE STATE OF SOUTH CAROLINA. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in GeneProceeds of ral Assembly, and by the authority of the same, That all labor, of convict labor for exclusive whatever character, which is now being, or may hereafter be, disbenefit of this State. charged by any person or persons who are now, or may hereafter OF SOUTH CAROLINA. 39 be, confined in the Penitentiary of this State, shall be for the ex- A. D. 1872. elusive benefit of the State; and the labor of the convicts in the ~ Penitentiary shall not be hired to any person or persons for a price bonvioto ]aless than is paid to any other class of laborers for the same hind of hired for a less price labor; and the Superintendent of said institution shall keep a cor- than is paid to other larect record, stating the kind of labor, and the amount realized borers.for similar labor. therefor, and the whole of which amount shall be turned over to the SuperintenState Treasurer monthly, to be retained by him, subject to the draft dent to keep record of Iaof the said Superintendent, for'the benefit of said institution, which bor and amount. realdraft shall be accompanied by a written statement of the items for izea therefor. which each amount is required. SEC. 2. Any violation of this Act, on the part of the Superin- violation tendent, shall be an official misconduct, and, on information of any of,tis Act peyson to the Attorney General, le shall immediately commence conduct. legal proceedings against him therefor. SEC. 3. All Acts or parts of Acts inconsistent with this Act' are hereby repealed. Approved February 15, 1872. AN ACT TO INCORPORATE THE MECHANICS' AND FARMERS' NO. 34. BUILDING AND LOAN ASSOCIATION, OF RICHLAND COUNTY, SOUTH CAROLINA. SECTION 1. Be 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 authority of the same, That E. H. Hei- Corporators. nitsh, A. G. Brenizer, John Agnew, M. J. Calnan, W. B. Nash, Wm. Simons, S. B. Thompson, James Davis, JEsop Goodson, J. H. Bryant, William Taylor, together with such other persons who are now, or may be hereafter, associated with thejn, be, and they are hereby, declared a body politic and corporate, for the purpose of Purpose of making loans of money, by certificale or otherwise, secured by mort- ooration. gage on real estate or personal property, or by conveyance of the same, to their members and stockholders, or other persons, by the name and style of the Mechanics' and Farmers' Building and Loan Association, of Richland County, South Carolina, the capital stock of which shall consist of two thousand shares, to be paid in by suc- apital stock. cessive monthly installments of one dollar on each share, so long as the corporation shall continue.. The said shares to be held, transferred, assigned and pledged, and the holders thereof to be subject 40 STATUTES AT LARGE A. D. 1872. to such fines and forfeitures, for default in their payments, accord-Y" ing to such regulations as may be prescribed by the by-laws of said corporation. Powers and SEC. 2. That the said corporation shall have power and authority privileges, to make any such rules and by-1 ws for its government as are not repugnant to the Constitution and laws of the land; shall have such number and succession of members and officers as shall be ordained and chosen, according to the said rules and by-laws, made, or to be made, by them; shall have and keep5 a common seal, and may alter the same at will; may sue and be sued, plead and be impleaded, in any Court of law or equity in this State; and shall have and enjoy all and every right and privilege incident and belonging to corporate bodies, according to the laws of the land. Mayholdand SEC. 3. That the said corporation shall have power to take, purdispose of property. chase and hold real estate, and to sell and transfer the same, from time to time, to its members and others, on such terms, and under such conditions, and subject to such regulations as may be prescribed by the rules and by-laws of said corporation: Provided, That the real estate held by said corporation shall not, at any time, exceed the value of two hundred thousand dollars. Funds may SEC. 4. That the funds of said corporation shall be loaned and be loaned and advanced to its members and stockholders, or others, upon the seadvanced. curity of real and personal estate, and used in the purchase of real estate for the benefit of its members and stockholders, on such terms, and under such conditions; and subject to such regulations as may, from time to time, be prescribed by the rules and by-laws of said corporation; and it shall be lawful for the said corporation to hold such lands, tenements, hereditaments and personal property as shall be mortgaged or conveyed to them in good faith, by way of security, upon its loans and advances; and may sell, alien or otherwise dispose of the same to its members, stockholders or others, as they, from time to time, may deem expedient. Division of SEC. 5. That, whenever the funds of said corporation shall have funds - When to be made. accumulated to such.an amount that, upon a fair and just division thereof, each stockholder and member shall have received, or be entitled to receive, the sum of two hundred dollars, or property of that value, for each and every share of stock by him or her so held, and such distribution and division of the funds shall have been so made, then this corporation shall cease and determine. SEC. 6. This Act shall be deemed a public Act, and the same may be given in evidence without specially pleading the same. Approved February 15, 1872. OF SOUTH CAROLINA. 41 AN ACT TO AUTHORIZE CLERKS OF THE COURTS OF COMMON A. D. 1872. PLEAS TO TAKE TESTIMONY IN CERTAIN CASES'. N 35 No. 35. SECTION 1. Be 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 authority of the same, That the Clerks of Clerks of the Courts of Common Pleas in this State, in all civil co~rt may take deposicauses or proceedings hereafter to be instituted, or now pending, or tions. at issue, in the Courts of Common Pleas, for their respective Counties, shall, upon the application of either party to such cause or proceeding, after ten days' notice to the adverse party, take, in writing, the depositions of said party, or of any witness or witnesses in said cause or proceeding, whose examination shall be required by the party making such application; upon taking which depositions, the several parties shall be entitled to the same rights of examina- Rights of -. I,... i l l examination. tion, cross-examination, and examination in reply, and the same exceptions to the admissibility of evidence, as are allowed by law upon examination before the Court. And the depositions so taken shall be certified by the Clerk before whom such examination was to be certified had, and shall be read in evidence at the trial of the said cause or proceeding; subject, nevertheless, to the right of either party to require ihe personal attendance and viva voce examination of the Personalattendance. witness or witnesses at the trial of said cause or proceeding; the exercise of which right, however, not to cause a continuance or delay in the trial of the said cause or proceeding. SEC. 2. That every Clerk of the Court of Common Pleas shall Power to have power to compel the attendance before him of the witness or ameltofeit witnesses to be examined, as aforesaid, upon the application of a nesses. party to any civil cause or proceeding hereafter to be instituted, pending or at issue in the said Court; for which purpose, he may issue a subpoena to any such witness, which shall be served person- May issue ally; and if any witness, upon whom such subpoena has been duly subpoena. served, shall fail to attend conformably thereto, the Clerk by whom. Failure to attend - penthe same was issued shall have power to issue a rule, requiring such alty tor. witness to show cause why he should not be attached for contempt; and, upon the failure or neglect of such witness to show cause, the Attachment said Clerk shall have power to issue an attachment against such for cotmpt. witness for contempt, which attachment shall not be dissolved, except by the order of a Judge, or of the said Clerk. SEC. 3. That every Clerk of the Court of Common Pleas, for Fee of Clerk taking the depositions hereinbefdre mentioned, shall be entitled to of rCout for demand and receive the sum of one dollar for each witness exam- of witnesses. ined, to be paid by the party against whom judgment shall he rendered in said cause or proceeding. Approved February 15, 1872. 42 STATUTES AT LARGE A. D. 1872. AN ACT TO PROVIDE THE MANNER FOR OBTAINING THE RIGHT " 33 OF WAY, WHERE LANDS ARE SURROUNDED BY OTHER LANDS. No. 36. SECTION 1. Be it enacted by the Senate and House of RepresenConstrnction tatives of the State of South Carolina, now met and sitting in Genfrofighlls eral Assembly, and by the authority of the same, That where any through lndeds sub'lodeed person or persons owning lands, surrounded by lands of other perlands. son or persons, through which there is no right of way, or highway, are authorized, as hereinafter provided, to construct a highway or road through such lands to the nearest highway then existing. SEC. 2. If the owner or owners of such surrounding lands shall In case of refusaul, notice signify his or their refusal to the opening of a highway through io be given. such lands, without previous compensation, the person or persons requiring such right of way shall give ten days' notice, in writing, to the person or persons, through whose lands such right of way is required, of his intention to estaolish such right of way, naming in such notice a person who will act as referee for him in the location Appointment thereof, and such owner or owners shall, within ten days thereafter, of referees. appoint a referee for the same purpose. SEC. 3. That the referee so appointed shall, within ten days thereBoard nf Referees -thieir after, meet at some convenient place and appoint a third referee, powers and auties. and the three referees so appointed shall constitute a board of ref No appeal erees for the location of such highway, and to determine the corndsi,.teir' pensation and damages for the same, from whose decision, in no case, shall there be an appeal. Said Board SEC. 4. That within ten days after the appointment of a third tpect eeprem- referee, in compliance with the third Section of this Act, the said istes, nde t referees shall meet and proceed, faithfully and impartially, to deterthe value and mine the question of location, compensation and damages, submitted quantity of land required.. to them, for which purpose they shall inspect the premises in reference to the construction of the'proposed highway, and the quantity of land which shall be required therefor, with respect alone to the quantity, and value, and location of the land which may be required, and to the special damage the owner may sustain by reason Ver.)ict of damage and of the construction of the highway through his land, and the compensation a o. w throuo'h his-lan co n amount of compensation which shall be made to the owner thereof, and shall render their verdict, in writing, for the same. Upon pay- SEC. 5. That, upon the payment of the compensation thus ascermelt o compensation, tained, the right of way over said lands shall be established, and right of way established. shall be opened as, and forever remain, a public highway. Referee, SEC. 6. That if the owner or owners of such lands, over which of person requiring right such right of' way is required, shall not, in compliance with the secof way to have tle same ond Section of this Act, appoint a referee within the time required, powersasconfei-red upon the referee appointed by the person requiring such right of way the Board. OF SOUTH CAROLINA. 43 shall proceed the same as if all three referees had been appointed, A. D. 1872. and his action therein, in compliance with Section 4 of this Act, Action of shall have the same force and effect as if the full board of referees such referee valid. had acted. SEC. 7. All Acts and parts,of Acts inconsistent with this Act are hereby repealed. Approved February 15, 1872. AN ACT TO AUTHORIZE THE ERECTION OF A CERTAIN BRIDGE NO 37. OVER WATEREE RIVER. Whereas a majority of the people of Kershaw County have voted in favor of the erection of a free bridge over Watiree River, on the Columbia Road, near Camden, to be built and kept up at the expense of said County: SECTION 1. Be 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 authority of the same, That the County Bridge over of Kershaw be, and is hereby, authorized to build a bridge over River. Wateree River, on the Columbia Road, at the Camden Ferry, to be kept up and maintained at the expense of said County, for the public use, free of toll. SEc. 2. That the County Commissioners of said County, and Special ComMannes Baum, T. H. Clarke and W. M. Shannon, be, and are pemlrinttdu hereby, constituted a Special Commission to contract for and super- construction, intend the construction of said bridge, and to raise and disburse the funds required for the same. SEC. 3. That, whenever deemed necessary, a majority of said Issue of Special Commission shall issue the bonds of said County, to an boeds authoramount not exceeding twenty thousand dollars, payable ten years after date, and bearing interest at the rate of eight per cent. per annum, payable annually, on the first day of July in each and every year; and shall dispose of said bonds, at such times and places, and in such manner, as a majority of said Special Commission may direct, to raise funds for the construction of said bridge. SEC. 4. That the said County Commissioners be, and are hereby, Tax of two authorized to levy an annual tax on the assessed value of the taxa- mills in Wateree and Deble property held and owned in said County, not exceeding two Kalb Townships; other mills upon every dollar of the value of such property within the Townships one mill. townships of Wateree and DeKalb, of said County, and not exceeding one mill upon every dollar of the value of such property 44 STATUTES AT LARGE A. D. 1872. within the other townships of said County, which tax shall be collected as provided by law for the collection of other County taxes, and be paid out by the County Treasurer, upon the order of the majority of such Special Commission. SEC. 5. That the proceeds of said tax shall be applied, first, to Proceeds of said tax —how the payment of the interest on said bonds, and the surplus, if any, to be disposed of. shall be securely invested, under the direction of said Special Commission, and create a sinking fund, to be applied to the payment and extinguishment of said bonds at their maturity, or to pay up and cancel the same before maturity, as said Commission may deem expedient; and, when the same are fully paid and extinguished, the said tax shall cease to be levied, and the said Special Commission shall cease to exist. Special Cor- SEC. 6. That the said Special Commission shall appoint a Treamission to ap- su'er, who shall give bond, before entering upon the discharge of point a Tea- grg surer. the duties of his office, in such amount as may be deemed sufficient for the purpose, conditioned for the faithful discharge of his duties, who shall receive and disburse the proceeds of the bonds hereinbefore authorized to be issued, and all other moneys coming to his hands by the direction of said Special Commission, and be subject to such rules and regulations as the said Special Commission may prescribe. SEC. 7. That the said Special Commission shall, annually, file a To file a,:count with correct account of their receipts and disbursements, and a report of Clerk of Court their proceedings, in the office of the Clerk of the Circuit Court, on or before the first day of the January Term of said Court, to be open for the inspection of the citizens of said County, and to be laid before the Grand Jury, at said Term, for their examination; and, failing to dq so, the members of said Commission shall be Penalty for liable to indictment as for a misdemeanor; and, upon conviction, faii're. - shall each be punished, by fine or imprisonment, at the discretion of the Court, not exceeding one hundred dollars' fine or six months' imprisonment. Vacancies- SEC. 8. That, in case of a vacancy at any time in said Special how filled. Commission, occasioned by the death, resignation, removal, or refusal to serve, of the said Mannes Baum, T. H. Clarke and W. M. Shannon, or their successors, or any one or more of them, such vacancy shall be supplied by the remaining members of such Special Commission, by appointment from among the twenty persons in said County who shall have paid, in his own right, the highest tax to the State for the year next preceding such appointment. SEC. 9. That, for the purpose of enabling the said Special ComCounty of t i Ker-haw in- mission to carry into effect the provisions of this Act, the said County vested with rights of State of Kershaw is invested with all the rights of the State in the piers ,OF SOUTH CAROLINA. 45 of the bridge of the Camden Bridge Company, and the landings and A. D. 1872. road-bed which formerly led to and from the same; and the said Special Commission may make such compensation to the stock- eStochholders gamden holders of the said company as may be deemed equitable and just Bridge ( ompany-comby the said Special Commission, under the circumstances of the case: pensation of. Provided, That the entire cost of said bridge and its appurtenances shall not, together with the compensation to the Camden Bridge Company, exceed'the sum of twenty thousand dollars. SEC. 10. That the Camden Bridge Company be, and they are Cam den hereby, authorized to keep up the Camden Ferry up to and until Bridge Company to keep the opening of the bridge hereinbefore provided for, at the same up Camden rates of toll as were charged on the first day of December last, and opening of the said company shall then cease to be a body politic and corpo- said bridge. rate; but the stockholders thereof shall then be at liberty to sell their property and assets, and divide the proceeds of the same among them rateably,according to the number of the shares of said stock held by them, respectively, having first paid the debts of the said corporation: Provided, That nothing contained in this Section shall conflict with or abridge any of the powers, rights and privileges hereinbefore conferred upon the said County of Kershaw, or the said Special Commission. SEC. 11. That this Act shall be a public Act, and be so taken and deemed in all the Courts of this State. Approved February 15, 1872. AN ACT TO PROVIDE FOR THE REDEMPTION OF CERTAIN'LANDS, N~' 38. SOLD UNDER ORDER OF GENERAL ED. R. S. CANBY FOR TAXES. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assemlly,,and by the authority of the same, That the; former owners, of all lands sold for taxes, and bought in for the State by the F rmer ownSheriffs of the several Counties, under the provisions of an order of redeem theilands sold for General Ed. R. S. Canby, dated Charleston, S. C., December 3, taxes. 1867, to provide for the support of the Provisional Government of South Carolina, for the year commencing the 1st day of October, 1867, be, and they are hereby, allowed the privilege of redeeming said lands, at any time within twelve months after the passage of this Act. 46 STATUTES AT LARGE A. D. 1872. SEC. 2.. That the person or persons desiring to redeem land, sold ^"~v~"^ under said order, shall apply to the Sheriff for a certificate, under Terms upon his hand and seal, stating the amount of tax, costs and penalties, for whic maybi which the land was sold. That then the said person shall present retd emed. the same to the County Treasurer, and Day to said Treasurer the amount of the tax, with interest thereon, at the rate of seven per cent. per annum on all costs and penalties; whereupon the Treasurer shall make and deliver to such person or persons a deed of conveyance for said land, removing all the titles therein. County Trea- SEC. 3. That the County Treasurer shall account for the taxes, surer shall penalty and interest paid in, under this Act, in the same manner as account for taxes, penal- he does for other taxes, and shall distribute the costs,to the officer ty, &c. to whom the same shall belong. Cost of deed SEC. 4. That the person or persons redeeming the land- shall pay of conveyance and certifi- to the County Treasurer the sum of three dollars for the deed of cate. conveyance, and to the Sheriff fifty (50) cents for the certificate. SEC. 5. That all Acts or parts of Acts inconsistent with this Act be, and the same are hereby, repealed. Conveyances SEC. 6. That all deeds of conveyance heretofore executed and deheretofore executed rati- livered by the Sheriffs of the different Counties, or any of them, fled ad con- under the Act providing for the redemption of lands, sold under the orders of General Canby, approved the 9th day of March, A. D. 1871, in which the application was made therefor, within the. time limited by that Act, be, and the same are hereby, ratified and confirmed. Shfto SEC. 7. That the Sheriffs who may have received taxes, interests turn over and penalties in the redemption of lands, as in that Act provided, taxe., &c., to County Trea- are hereby required to turn the same over to their respective County surers. Treasurers, to be disposed of by them as other taxes, and to parcel out the costs received by them to the officers to whom they severally belong. Approved February 15, 1872. No. 39 AN ACT TO RENEW THE CHARTER OF THE PENDLETON MALE ACADEMY. Be 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 authority of the same, That the charter of the Pendle OF SOUTH CAROLINA. 47 ton Male Academy be, and the same is hereby, extended, and shall A. D. 1872. continue in force until repealed. Approved February 15, 1872.' AN ACT TO INCORPORATE THE SAXTON RIFLEMEN, OF CHARLES- No. 40. TON, SOUTH CAROLINA. SECTION 1. Be 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 authority of the same, That G. D. corporators. Mitchell, J. W. Green, M. Smith, D. Smith, G. Alston, A. P. Johnson, Henry Fraser, J. R. Carter, - Ferguson, M. C. Brown, A. Williams, Adam Singleton, J. W. Jenkins, John Smalls and Charles B. Brown, and their associates and successors, are hereby made and created a body politic and corporate, under the name and, Corporate style of the " Saxton Riflemen, of Charleston, South Carolina." SEC. 2. And the said corporation shall have power to make bylaws, not repugnant to the laws of the land; and shall have suc- powers and cession of officers and members according to their elections; and privileges. to keep and use a common seal, the same to alter at will; to sue and be sued, in any Court in this State; to have and enjoy every right, power and privilege incident to such corporation; and it is hereby empowered to acquire, retain and enjoy all such property, real and personal, as may be given or bequeathed to, or purchased by it, and to sell, convey or mortgage the samie, or any part thereof, at will. SEC. 3. That said corporation may, from time to time, invest Mayacquire their moneys, assets, or any property which it may acquire, in such and dispose of real and personal property, bonds, stocks, or in sureties, in such sums, and on such terms and conditions, as it may deem proper, and to execute bonds, &c., under its corporate seal: Provided, That the maximum value of all property held and owned by said corporation shall not exceed twenty-five thousand (25,000) dollars. SEC. 4. This Act to continue in force during fifteen (15) years, and may be given in evidence without being especially pleaded. Approved February 15,1872. 48 STATUTES AT LARGE A. D. 172. AN ACT TO ALTER AND AMEND AN ACT ENTITLED "AN ACT TO o. 4 CHARTER THE TOWN OF HAMBURG," APPROVED FEBRUARY 28, 1871. SECTION 1. Be 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 authority of the same, That the Act to lmits altered which this is amendatory be altered and amended by striking out, and extended from Section first, all after the word "Georgia," in the eighth line of said Section, and inserting in the place thereof the words "one mile, in a westerly direction, up and along the Savannah River; thence one mile and a half in a northerly direction, upon a line at right angles with the line of the Savannah River; thence one mile and one-half of a mile in an easterly direction, upon a line parallel with the line of the Savannah River; thence one mile and a half in a southerly direction to the Savannah River, and upon a line at right angles with the line of the Savannah River; thence one-half a mile in a westerly direction, up the Savannah River, to the said Savannah Bridge; said town to be in the form of a square." SEC. 2. That said Act be further'amended by striking out, from the seventh line of Section 10 of said Act, the word "fifteen," and inserting in place thereof the words " thirty-five." Approved February 15, 1872. No. 42. AN ACT TO INCORPORATE THE WALLINGFORD CHURCH AND ACADEMY, OF CHARLESTON. Whereas A. C. McClelland, Joshua D. Geddings, Nathan Ritter, Corporators. J. J. Knox, Lawrence S. Mills, William Miles, Samuel Marion and William Williamson, Trustees of the Church formerly known as "Siloam," now as Wallingford Presbyterian Church and Academy, by petition therefrom, have prayed to be incorporated: SECTION 1. Beit enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, Th t, from and Corporate immediately after the passing of this Act, all those persons who now name. are, or who hereafter shall or may become, members of the said society, shall be, and they are hereby, incorporated, and are hereby declared to be a body corporate, in deed and in law, by the name and style of the Wallingford Presbyterian Church and Academy, of Charleston, South Carolina, for the advancement of Christianity; OF SOUTH CAROLINA. 49 and by the said name shall have perpetual succession of officers A. D 1872. and members, and a common seal, with power to change, alter and make new the same as often as the said corporation shall judge expedient. SEC. 2. That the said corporation shall be capable in law to pur-. Powers and privileges. chase, have; hold, receive, enjoy, possess and retain to itself, in perpetuity, orfor any term of years, any lands, tenements, or hereditaments, or other property of what nature soever, not exceeding the sum of two hundred thousand dollars, or to sell or alien the same, as the said corporation shall think fit, and by its said name to sue and be sued, plead and be impleaded, answer and be answered unto, in any Court of law or equity in this State; and to make such rules and by-laws, not repugnant to the laws of the land, as, for the order, rule, good government and management thereof, may be thought necessary and expedient: Provided, That nothing contained herein Proviso. shall be construed to interfere with the prerogatives, control and direction of the General Assembly of the Presbyterian Church, in the United States of America, over the institution aforesaid. SEC. 3. That this Act shall be deemed a public Act, and shall continue in force until repealed, and, as such, shall be judicially noticed in all the Courts of this State. Approved February 15, 1872. AN ACT TO REPEAL AN ACT ENTITLED "AN ACT TO PROVIDE NO. 43. FOR THE APPOINTMENT OF A LAND COMMISSIONER, AND TO DEFINE HIS POWERS AND DUTIES." SECTION 1. Be it enacted by the Senate and House of Repre- Office of Land Commissionr sentatives of the State of South Carolina, now met and sitting in abolished. General Assembly, and by the authority of the same, That an Act entitled "An Act to provide for the appointment of a Land Commissioner," approved March twenty-seventh, 1869, be, and the same is hereby, repealed. SEC. 2. That all books and papers pertaining to the office of the rooks, &., of Land Commissioner be turned over to the Secretary of State on and his on.e to be, after the passage of this Act. And the Secretary of State shall ex- tf Stretai l ecute the duties heretofore devolving upon the Land Commissioner. Approved February 15, 1872. 4 50 STATUTES AT LARGE. D 1872. AN ACT TO REQUIRE THE COUNTY COMMISSIONERS OF BARNWELL COUNTY TO CONSTRUCT A JAIL AT BLACKVILLE, THE No. 44. COUNTY SEAT. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in GeneConstruction ral Assembly, and by the authority of the same, That the County of.a Jail at Blackville. Commissioners of Barnwell County be, and they are hereby, required and directed, immediately after the passage of this Act, to cause to be constructed a jail for tha use of said County, at the town of Blackville, the County seat; the said jail, when completed, with the highest practicable security for the custody of prisoners, Costlimited. not to exceed in cost the sum of eight thousand dollars. SEC. 2. The said Commissioners are authorized to advertise for Commission- plans and specifications and proposals to build said jail, in the ers to adver- newspapers published in Barnwell, and in one daily newspaper tise for proposals. published in Charleston and Columbia, for the space of three weeks, and, from the plans, specifications and proposals submitted, to select such one as they may think best adapted to the necessities of a jail; and they are further authorized to contract with the party submitting the plans, specifications and proposals accepted by them, for the construction of the same. SEC. 3. On the completion of said jail, according to contract, On comple- and after it shall have been approved and received by the said tion of jail, County Trea- Commissioners, they shall be authorized to draw upon the County surer to pay draft. Treasurer of Barnwell, in favor of the contractor, for the amount agreed to be paid therefor, which draft shall be paid by the Treasurer on presentation; but the said Commissioners are authorized, in their discretion, to stipulate for the payment to the contractor, in installments, as the work progresses: Provided, That no such payment shall be made, except upon an estimate, furnished in writing, by the contractor, and carefully examined by the Commissioners, showing the amount of work actually done, and of material actually furnished at the date when payment is'asked: And proTwenty cents vided, further, That there shall be reserved of such estimates rt pecenctume toch s nt e tu, whho the contractor be reserved r not be to the contractor until comple- until the jail shall be completed according to contract, approved tion ofjail. and received by the Commissioners. And the said Commissioners are authorized to draw upon the County Treasurer for all amounts thus agreed to be paid, which draft the'Treasurer shall pay, upon the filing with him the estimates.upon which such drafts are drawn, endorsed with a certificate of approval, signed by the said Commissioners, or by a majority of them. SEC. 4. Th County Treasurer shall set apart the sum of eight OF SOUTH CAROLINA. 51 thousand dollars from the County funds, and hold such sum subjectA. D.1872. to the drafts of the County Commissioners, for payment of mate- Tr Co unty Trearials and construction of said jail: And provided, further, That surer to set apart $8,000, that part of the County of Barnwell which, with portions of the subject to the draft of CounCounties of Edgefield, Lexington and Orangeburg, now forming the ty Commissioners. County of Aiken, shall not be liable, in any way, for any debts contracted in building a jail at Blackville, in accordance with the provisions of this Act. Approved February 15, 1872. AN ACT TO INCORPORATE THE CHERAW FIRE ENGINE COMPANY NO. 45. AS A PART OF THE FIRE DEPARTMENT OF THE TOWN OF CHERAW. SECTION 1. Be 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 authority of the same, That Theodore F. Corporators. Malloy, Thos. W. Bouchier, James A. McCreight and W. L. Reid, and their successors in office, be, and they are hereby, constituted a body corporate and politic, under the name and style of the "Cheraw Fire Engine Company," with a capital stock not exceeding the sum of five thousand dollars, with the right to sue and be sued, Corporate prito plead and beimpleaded, in any Court of competent jurisdiction; vileges. to have and to use a common seal, and the same to alter at will and pleasure; and with all other rights, privileges aad immunities, that are now secured by law to like incorporate bodies. SEC. 2. This Act shall be deemed a public Act, and shall remain in force for the term of fourteen years. Approved February 15, 1872. AN ACT TO INCORPORATE THE CAROLINA OIL COMPANY.. 46. SECTION 1. Be 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 authority of the same, That Wm. McGuinnis, Corporators. Edward Hope, Robert C. Shiver, S. L. Leapheart, John Agnew, and their associates and successors, are hereby made and created a body politic and corporate in law, under the name and style of the Carolina Oil Company, for the purpose of extracting and manufacturing 52 STATUTES AT LARGE A. D. 1872. oil from cotton seed or other seeds, or grain, and for the purpose of Ojbjcts of carrying on such other business as may be connected therewith, with corporation. such capital as may be subscribed, not exceeding fifty thousand dolCapital. lars, said capital to be divided into shares of onehundred dollars each. SEC. 2. The said company shall have owet-, from time to time, by May increase a stock vote of not less than two-thirds of the amount of capital paid its capital. in, to increase their capital stock to any amount not exceeding one hundred thousand dollars, including their present capital stock. May open Books may be re-opened for the purpose of obtaining additional subbooks. scribers to such increased stock, in such manner as the company may Affidavit of deem expedient; and whenever any increase of capital shall be made increase to be filed in Secre- beyond fifty thousand dollars, as aforesaid, the President of the comtary of State's Office, and pany shall make affidavit of the fact, and file the same in the office of published in newspapers. the Secretary of State, and make public notice thereof once a week for three weeks consecutively in a newspaper in the city of Columbia, which shall be legal notice to all persons dealing with said corporation. SEC. 3. That if any certificate or public notice given by the offiprivileges.nd cers of said company, in pursuance of the provisions of this Act, is false in any material representation, all the officers who signed the same, knowing it to be false, shall be jointly and severally liablefor all debts of the company contracted while they were stockholders or officers thereof. SEC. 4. The said company shall -have succession of officers and Penalty for members, to be chosen according to the rules and by-laws made, and making false certificate. to be made, for their government and direction, and shall have power and authority to make by-laws, not repugnant to the laws of the land; to make, have and use a common seal, and the same to alter at will; to sue and be sued, plead and be impleaded, in any Court of this State; to purchase and hold any lands, tenements or hereditaments, goods or chattels, which may be necessary, connected with, or conducive to, the purposes for which said company is established, and to sell or mortgage the same. SEC. 5. The said corporation shall not go into operation until When cor- twenty thousand dollars of the capital stock shall be paid in gold or poration may p gl commence silver, or United States Treasury notes, or notes of National Banks. operations. The personal liability of the stockholders for the debts or liabilities Liaok tiesor:f of said corporation shall be limited to the amount of stock subscribed by them. SEC. 6. This Act shall be deemed a public Act, and shall continue in force for twenty-one years. Approved February 15, 1872. OF SOUTH CAROLINA. 53 AN ACT TO AUTHORIZE THE. COUNTY COMMISSIONERS OF A. D. 1872. CHARLESTON COUNTY TO PLACE A FLAT AT BONNEAU N No. 47. FERRY. Be 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 authority of the same, That the County Commissioners Flat to be placed at lBonof Charleston County be, and they are hereby, authorized to place neau's erry. a flat at Bonneau Ferry, on the'eastern branch of Cooper River, to employ and pay a ferryman, and to charge the regular rates of Pay of Ferferriage, out of which the wages of the ferryman are to be paid, and ryman. the balance to be turne.d over to the County Treasurer, for the' use of the County. OFFICE SECRETARY OF STATE, COLUMBIA, February 20,1872. This Act, having been presented to the Governor for his approval, and not having been returned by him to that branch of the General Assembly in which it originated within the time prescribed by the Constitution, has become a law without his approval. (Signed) F. L. CARDOZO, Secretary of State. AN ACT TO REGULATE PILOTAGE AT THE PORTS OF CHARLESTON, No. 48. BEAUFORT AND GEORGETOWN. SECTION 1. Be 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 authority of the same, That the Gover- Appoint. nor is hereby authorized to appoint separate and distinct Bohrds of mert of Pilot Pilot Commissioners for the ports of Charleston, Beaufort and ers Georgetown, each Board to consist of three persons, of whom two shall be, or shall have been, sea-faring men, and the third a full branch pilot. The Commissioners of Pilotage for the port of Beaufort shall have jurisdiction over St. Helena, Port Royal, and all entrances southward. SEc. 2. The said Commissioners shall have power to organize, Board of Examinationfrom time to time, a Board of Examination, by adding to their their powers and duties. number two nautical men, if deemed necessary by them, to be duts chosen by themselves; and it shall be the duty of the said respec 54 STATUTES AT LARGE A.D. l872 tive Examining Boards to examine each and all applicants as to his or their competency to work or manage vessels, and, generally, to discharge the duties of a pilot or pilots; and no license or branch shall be granted to any person, unless he receive the certificate of competency; signed by a majority of such Examining Board. SEC. 3. That each and every applicant for a branch, or license, Fxamination before he shall receive a certificate from a majority of the Examinfee., ing Board, shall pay to said Board.the sum of five dollars, to defray the expenses of such examination, and of issuing said certificate. SEC. 4. Apprentices shall be taken by full branch pilots only, Apprentices' with the approval of the respective Boards of Commissioners of Piterm of service. lotage,'and shall serve two years before receiving a nine-foot branch Masters to or license; the last year of service, it shall be the duty of their mastices aboard ters to take the said apprentices on board of all vessels, so that they vessels. may become completely competent to discharge their duties. After holding their branches, or licenses of nine feet, for one year, if comWhen they petent, to the satisfaction of their masters, they shall receive a may receive a full branch ii- twelve-foot branch, or license, which they must hold in service for cense. two years, at the end of which time they may receive a full branch, Applicants or license. In all cases, however, the applicant for apprenticeship o beeighteen shall be eighteen years of age previous to receiving his nine-foot years of age. branch, or license: Provided, That any person or persons who have Tades tber been trading between either of the ports above mentioned and other ports for ve ports, eriod of five years, shall, upon a satisfactory examinayears entitled ri y stfaor tofullbranch. tion before either of the respective Boards of Commissioners, be entitled to receive from said Board a full branch or license. SEC. 5. The said respective Boards of Pilot Commissioners shall License to give to the applicants approved by them either a limited license or be given by Pilot Corn- branch, or a full license or branch, according as the application and missioners discovered fitness of the applicant shall be, signed by a majority of the Examining Board, or by their Chairman, as the majority of said Board may direct, requiring of each applicant, before the delivery to him of such license or branch, to swear and subscribe to the folOath requir- lowing oath, to be administered by the President of the Board, to wit: ed of each applicant before " I, A B, do solemnly swear (or affirm) that I will well and faithfully, delivery of license. and according to the best of my skill and knowledge, execute and discharge the business and duty of a licensed pilot, (or apprentice, as the case may be,) for the bar and harbor of Charleston, (Beaufort or Georgetown, as the case may be;) and that I will, at all times, wind, weather and health permitting, use my best endeavors to repair on board of all ships and vessels that I shall see, and conceive to be bound for, or coming into, or going out of, the port or harbor of Charleston, (Beaufort or Georgetown, as the case may be,) OF SOUTH CAROLINA. 55 unless that I am well assured that some other licensed pilot is there A. D. 1s72. on board the same; and I do further swear (or affirm) that I will, from time to time, and at all times, make the best dispatch in my power to convey safely over the bar of Charleston, (Beaufort or Georgetown, as the case may be,) every vessel committed to my care, in coming in or going out of the same; and that I will, from time to time, and at all times, truly observe, follow and fulfill, to the best of my skill and ability and knowledge, all such orders and directions as I shall or may receive from the Commissioners of Pilotage, relative to all matters and things that may appertain to the duty of a pilot; and, further, that I will not, at the same time, be owner, part owner, nor be interested, directly or indirectly, in more than two boats employed in the business of the pilotage of the bar and harbor of Charleston, (Beaufort or Georgetown, as the case may be): So help me God." SEC. 6. That after any such person or applicant shall have taken B ond of apthe oath or affirmation aforesaid, and subscribed to the same, the said mo 1 unc t Sof and by whom Board of Commissioners shall require such person to execute to approved them, and their successors in office, a bond, with two sureties, to be approved by them, in the sum of five hundred dollars, if his license be of nine or twelve feet, or in the sum of one thousand dollars, if it be a full license; which bond shall be conditioned for the faithful discharge of his duties as such pilot; whereupon the said Board of License —by Commissioners shall deliver to such person a license, to be measured ered nd sign by his respective draft of water; said license to be signed, either by ed. the President of the said Board, under direction of a majority thereof, or by such majority themselves. SEC. 7. That the respective Boards of Commissioners of Pilotage Pilots to deshall have power and authority, for any cause, or charge, to them sersfor suCffm satisfactorily proven, to order and direct any or all pilots, for their cient cause. respective bars and harbors, to deliver up his or their license or licenses, and to take out anew license or licenses; but no pilot, who shall satisfy them of the falsity of any such charge brought against him, shall be required to pay an additional fee for his new license; and it. shall be the duty of the said respective Boards of Commissioners to lay before the County Commissioners of their respective Counties, immediately after the exe- lots odf P excution thereof, all bonds given by pilots; and, if the said County Conty Co Commissioners be not satisfied with the security on such bond, every missioneis. pilot, whse sureties shall be deemed insufficient, shall give a new bond, with such sureties, and within such time, as shall be approved or demanded by the said County Commissioners; in which case the pilot shall receive a new license on surrendering his former one; and every pilot not complying with these conditions, or any of them, 56 STATUTES AT LARGE A. D. 1872. shall forthwith forfeit his license, and shall be disqualified to act as pilot at either of the respective bars or harbors aforesaid for the Number of period of twelve (12) months. The number of pilots for either of Pilotsteoe the bars or harbors above named shall be determined by the respecby Board c' tive Boards of Commissioners, aforesaid: Provided, That said Boards I ommis~ioners. of Commissioners shall make no distinctions in the selection of pilots on account of race, color or previous condition. SEc. 8. The majority of the respective Boards of Pilotage aforePowers of said shall have power and authority, in their respective jurisdictions, Boargis oilf to take away the license of a pilot for a given time, or to declare his lotag,, in case of dereliction license null and void, as the nature of the case may demand, upon of duty. charge of any dereliction of duty, made and proven against him; but each and every pilot, against whom any charge shall be made, shall be entitled to a hearing before his Board of Pilot Commissioners, and to make any proper defense to such charge before said Board of Commissioners; and if any pilot has forfeited his license, or is no longer entitled to the use of his license, by virtue of this or any other clause ofthis Act, the Commissioners of Pilotage shall have the power to order the Harbor Master of their respective harbors to call on him for the surrender of his license; and, if he shall refuse to give up the same to the Harbor Master, on demand, the latter shall notify, for one week in the public daily papers, or for three weeks in the public weekly papers of his respective harbor, that such person has no longer a right to act as pilot, until he be reinstated by the Board of Commissioners. SEC. 9. No pilot shall discontinue to act for three months, nor'N, Pilot shall shall be absent himself at any time from his respective port or harabsent him- bor without permission from the Commissioners of Pilotage of his seif without f omsn Ioag Poermlssio said port or harbor; nor shall any pilot hire out his pilot-boat to his pilot boat. any person or persons whomsoever, unless he substitute another boat, to be approved by the Commissioners aforesaid. But the said Commissioners shall never give such permission unless, in their opinion, there shall be a sufficient number of boats actually enNo Pilot to gaged in the service of pilotage. Nor shall any pilot substitute or be eml.ioyed employ, as a pilot, any one from whom license has been taken away, whose license as fei ver for- or become forfeited, as aforesaid. And any pilot herein in anywise offendifig shall, for each and every such offense, be deprived of his license by the Commissioners, or a majority of them; and, if so dePenalty for prived, he shall be proceeded against, as provided in thelatter part this lecion. of the preceding Section of this Act; and shall, moreover, forfeit and pay to the State a sum not exceeding one hundred dollars. SEc. 10. That, in case of war, no pilot shall bring in or furnish Duties of Pi- supplies to any armed vessels belonging to an enemy at war with the United States, or shall carry ot a armed vessel to such war. the United States, or shall carry out any armed vessel to such OF SOUTH CAROLINA. 57 enemy, without being ordered to do so by the constituted authori- A. D. 1s72 ties of the United States. And every pilot herein in anywise offending shall forthwith forfeit his license, and bd disqualified forever after from acting as a pilot; and if, at any time, the President of the United States, or the Governor of the State, shall prohibit to furnish with supplies, or to bring in or carry out any vessel or vessels belonging to any nation or State, or to a subject or subjects of any nation or State, it shall be the duty of every pilt, for either of the bars or harbors hereinbefore named, to comply with every such prohibition, on pain of incurring the same penalty and punishment as for like offense in time of war. SEC. 11. That every pilot, cruising or standing out to sea, shall services of Pilots to be offer his services, first, to the vessel nearest the bar, except when he offered to the nearest, vessel sees a more distant vessel in distress, under a penalty of fifty dollars except in case for each and every such neglect or refusal, either of approaching the nearest vessel, and of boarding her, if required, or of aiding Penalty. any vessel showing signals of distress in the case above mentioned. And the Commissioners of Pilotage, or a majority of them, may, at their discretion, deprive the said pilot of his license: Provided, Proviso. however, That nothing herein contained shall extend, or be construed to extend, to vessels of the description mentioned in the preceding Section; all of which vessels it shall be the duty of every pilot to avoid as much as possible, whenever they are known to, or justly suspected by, him as such. SEC. 12. Whenever the Governor of the State shall issue a procla- Duties of Pilotswhen vesmation, subjecting vessels from certain ports or countries to quar- sels are sub antine, it shall be the duty of every pilot, conducting any such ves. jeclinto, quasel over the bar of the ports.above named, to bring her to the quarantine ground, and to remain on board, or go to the Lazaretto, without coming up to the port until the Port Physician shall permit it; and, during the time for which any such pilot remains on lPY of Pilots while on board any such vessel, or stays at the Lazaretto, he shall be allowed board of vessels at quarfour dollars for each and every day of his remaining on board or antine. staying at the Lazaretto, as aforesaid, and be found in necessary provisions and accommodations, at the expense of the master, owner or consignee of such vessel. And every pilot, neglecting or refusPenalty for ing to bring any such vessels to the quarantine grounds, or neglect or recoming to the port without previously obtaining the Port Physician's permission, or before. the time limited by the said Port Phy-'sician, shall, for each and every such offense, be deprived of his license, and shall not obtain another license before the expiration of one year, and forfeit and pa'y the sum of fifty dollars to the State. SEC. 13. The pilot ground shall extend, fronm each of the bars Fxtension of above named, thirty miles eastward, southward and westward, and pilot ground 58 STATUTES AT LARGE A. D 1872. any master or commander of a vessel bearing toward either of said Masers of coasts or bars, (all coasters and other vessels trading between any vessels refus- ports within this State excepted,) who shall refuse to receive on ing to receive alicense i Pi- board a licensed pilot, who shall offer to board, shall be, and is lot liable to said pilot for hereby, made liable, on his arrival at either of said ports, to pay the fees allowed by this the pilot who first offered to go on board and take charge of such vessel, the rates and fees allowed and established as hereinafter mentioned, as if such pilot had actually brought in such vessel to either Proviso. port: Provided, however, That if a pilot having a nine or twelvefoot license only, as the case may be, is refused by the master of a vessel of greater draft, such master shall not be liable to him for her pilotage: And provided, also, That if a pilot refuse to produce his license to the master of a vessel, when the latter demands it, the fees of pilotage shall not be charged against the master rejecting the services of such pilot. SEC. 14. That any pilot boarding a vessel on pilot ground shall Rates and be entitled to receive from the master, owner or assignee, four dolfeesof Pilots lars for every day of his being on board previous to her coming into port, in addition to the fees of pilotage hereinafter established. That every pilot of an inward bound vessel, who shall be directed by the master to anchor in the roads, and. afterwards bring her into port, shall be entitled to receive four dollars from the master, owner or assignee; also, four dollars to bring a vessel anchored in the stream, (at the request of the Inaster, owner or consignee,) and moor her at the wharf; four dollars to unmoor, (at the request of the master, owner or consignee,) and anchor in the stream, or from the stream to the roads, to be paid as aforesaid. SEC. 15. That the pilot who brought in the vessel shall have the Pilot bring exclusive right of carrying her out, unless the master or commander ing in a vessel entitled to of such vessel shall, within a fortnight after his arrival in port, carry her out. prove to the satisfaction of the Pilot Commissioners at said port, or a majority of them, that the same pilot had misbehaved during the time he had charge of such vessel, or unless the said pilot shall have been deprived of his license before the departure of such vessel; in either of which cases another pilot may be employed, who shall be entitled to receive the outward pilotage; and every pilot having, or becoming entitled to carry out a vessel, shall either attend in person or procure another pilot of his own degree to attend for him on such outward bound vessel, after twelve hours' notice by the master, by the hoisting of his jack at the' foretop-masthead for Master to that time during daylight; but if such pilot should neither attend tfy istiglot in person, nor substitute another pilot of equal degree with himself, by hoisting a signal. the master of such vessel shall be at liberty, after the expiration of the above limited space of time, to employ another pilot of equal OF SOUTH CAROLINA. 59 license, who shall be bound, if not previously engaged, to carry A.D. 1872. such vessel out, and who shall be entitled to the outward pilotage; M.s. and any pilot who shall carry out a vessel, not being entitled to do te. entitleclto employ anoso, shall be liable to the pilot who had the right, in the amount of ther Pilot. pilotage paid, or due, for carrying her out; and any pilot who brought in a vessel shall have a right to demand his fees of pilotage, and the lawful charges, as aforesaid, before her departure from port. Penalty for And whenever a pilot, having a right to carry out a vessel, is ap- a vessei when n. t entitled prehensive'that his fees of pilotage may not be. paid by her master, to. owner or consignee, he shall have a right to demand his fees in When fees advance, or such security for the payment thereof as shall be rea- maydvc de mendead in sonable and satisfactory; and, on failure thereof, may refuse to carry advance. her out. SEC. 16. That no person shall be authorized or permitted to con- Penalty for duct and pilot any vessel over the bar of either of the harbors eotingavese.....over -thout a aforesaid, either when coming into or going out of port, unless such lcense. person shall have a license, as aforesaid; and every person not having received such license, or having forfeited the same, or being deprived thereof, as aforesaid, who shall presume to bring into or carry out of either of the aforesaid ports, aily vessel which has to cross the bar, as well as every pilot having a limited license of twelve or nine feet, who shall presume to conduct a vessel of more than nine.or twelve feet oer either of the bars aforesaid, either in coming in or going out, shall be entitled to no fee, gratuity or reward for the same, but shall pay the regular pilotage to the pilot who shall first offer: Provided, however, That the foregoing prohi- roviso. bition shall not extend to prevent any person from assisting any vessel in distress, without a pilot on board, if such person shall deliver up such vessel to the first pilot who shall afterwards come on board and offer to conduct such vessel; and, also, that the captain and crew of a vessel shall not be liable to such fine for conducting her over the bar without the aid of a pilot, if, in either of the two last mentioned cases, a signal for a pilot is worn. SEc. 17. That every master of an outward bound vessel shall, at signal of readiness for the appointed time of his departure, have his vessel in readiness for saili Lg. sailing, and, as a signal thereof, hoist a jack at the foretop-masthead, and every master of a vessel who shall detain a pilot at the time appointed, so that he cannot proceed to sea, though wind and loFeie coe Pin case of weather should permit, shall pay to such pilot four dollars per day detention during the time of his actual detention on such vessel. SEc. 18. That if any master or commander of a vessel shall carry Fees of Pi off any of the pilots for either of the bars or harbors aforesaid, he lots carried off by Masters shall allow every such pilot four dollars for each and every day of vessels. during his absence, and supply him with provisions and other ne 60 STATUTES AT LARGE A. D. 1872. cessaries, in the same manner as is usual for maintenance and accommodation of masters of vessels, and the master, as well as the owner, consignee and security of such vessel, shall be liable for the aforesaid sum: Provided, however, That no pilot, who is carried off Proviso. as aforesaid, shall be entitled to any of the sums aforesaid if such vessel shall have laid to for the space of sixteen hours after having crossed the bar, and no pilot boat shall have appeared at the time to receive such pilot on board: Provided, also, That the matter, owner or consignee shall defray the expense of such pilot back to either of said ports, as the case may be. SEC. 19. That the owner or owners of every pilot boat, or pilot or pilots who may hire such boat, ormay be employed thereon, shall Each Pilot cause such number to be put on the most conspicuous place of each boat to ~ be numbered as boat's main and foresail as may be designated by the Harbor Masthe Harbor Master may ter of the respective ports, and the figures designating the number of the boats, as aforesaid, shall be at least five feet in length, and be made to appear as conspicuous as possible, by being placed on each side of the main and foresail of every boat used in thepilotage; and Penalty for every pilot omitting or neglecting to number the boat in which he negct. maybe interested, shall, on conviction before the Commissioners of Pilotage, be deprived of his license, and shall, in addition, be liable to pay a fine of one hundred dollars. SEc. 20. That if any of the said pilots shall enter or be connected in co-partnership in the business of pilotage of either of the bars bNo Pilot to and harbors aforesaid, as owner, part owner, or interested, directly wn more^ ttan or indirectly, with more than two boats employed in the said pilottwo boats. age, the Commissioners of the Pilotage shall be, and they are hereby authorized, to take away the license of such pilot, and declare the same null and void; and such pilot, in any manner offending against this Section, shall forfeit and pay a sum not exceeding five hundred dollars. SEC. 21. That it shall be the duty of a pilot, if required by the Pilot to re master or corhmander of a vessel, to remain on board while such main aboard a vessel when vessel is anchored in the roads, outward bound, at the rate of four the Master requires it. dollars per day; and in case of refusal or neglect, the pilot shall be deprived of his license by the Commissioners of Pilotage of his port, and pay a sum not exceeding fifty dollars. SEC. 22. That the master, owner or consignee of any ship or Rates and vessel, for the consideration of the pilotage of the said ship or vesfees to be determined by sel, inward to, or outward from, either of the aforesaid ports, shall Conlmmn ssioners of Pilot- pay to the licensed pilot who shall take charge of the same, the age. several sums of money, rates and fees, which the.Commissioners of Pilotage of the aforesaid respective harbors or ports may determine and fix upon, according to the draft of water of the said ship or OF SOUTH CAROLINA., 61 vessel; and the Commissioners of Pilotage of the respective ports A.D. 1872. or harbors aforesaid, are hereby authorized and directed to deter- mine, for their respective ports or harbors, such rates and fees as to them shall seem meet and proper, both as well for the draft of the ship or vessel as for taking such ship or vessel around any river requested by the master, owner or consignee, and for taking letters from either of the harbors or ports aforesaid, to vessels outside the respective bar, and waiting orders, and delivering them on board, the amount of inward pilotage of such vessel's draft. SEC. 23. That whenever a vessel has crossed over, or is inside of, Master,w" en not compelleither of the aforesaid bars, the master shall not be compelled to e( to take a Pilot. take a pilot; but, if he demands the services of a pilot, he shall pay the customary fees of pilotage, as in other cases. SEC. 24. The respective Commissioners of Pilotage shall have Rules and regulations. power and authority to prescribe to the several pilots of their respective ports such orders and regulations, not inconsistent with this Act, as to them, or a majority of them, may appear suitable and proper; and any pilot neglecting or refusing to conform to any such orders or regulations, shall forfeit and pay, for each offense, the sum of fifty dollars. SEC. 25. That the Harbor Master of each of the aforesaid har- HarborMatter r, quired bors shall be bound to keep constantly a complete register, specify- tokeep a conm plete i egister. ing the licenses of all the pilots (with their residences) of his re- spective bar and harbor, and of all boats to which they are severally attached, and the name, number, and the owner or owners of the same, and also to register any change or alteration that may take place in either of the above particulars; which change or alteration the pilots are hereby required, from time to time, to report to the Harbor Master of their respective port, as they may Pilots to reoccur, in order that masters of vessels, or persons interested, may bort taster have it always in their power to know from him at once who are,lTe persons the responsible persons on board of each boat, and thereby obtain on each boat. sucil information as they may find necessary. And every pilot or owner of a pilot boat, neglecting or refusing to report, as aforesaid, shall, for each omission, forfeit and pay a fine not exceeding fifty Pnnalty for dollars; and it shall be the duty of said Harbor Master, on the neglect. first Monday' of each month, to report to the Commissioners of Pilotage a register, as above specified, and also such pilots as may have neglected or refused to comply with the foregoing requisitions; Harbor Pasand the said Harbor Master shall furnish every master of a vessel ter to furnish copies of this coming to the Harbor Master's office with a copy of this Act, for Act to Masters of vessels the purpose of perusing it at said office, without charging, or being allowed to charge, any fee or perquisite for any or either of the aforesaid services; and, for every neglect of duty in the prem 62 STATUTES AT LARGE A. D. 1872. ises, the said Harbor Master (of either of the aforesaid ports) shall forfeit and pay a sum not exceeding fifty dollars, to beimposed by the Commissioners of Pilotage at his respective port, and deducted from his salary. SEC. 26. That it shall be the duty of the Commissioners of PilotDuties of age of either of the ports aforesaid, on the occasion of any marine Commission-,rs of Pilot- disaster to any vessel;n charge of a pilot of their respective port, age in case of marine disas- to make a careful examination of the cause or causes of such dister. aster, by immediately summoning before them the pilot in charge of the vessel, and obtaining such testimony from the parties interested or not, as the case may be, in their power; and the result of such investigation shall be-placed upon record, copies of which shall be furnished, when desired, at the expense of the applicant. The marine reports of the daily papers, or private information, shall be deemed sofficient cause for such investigation by the Commissioners of Pilotage. SEC. 27. That each and every fine, forfeiture and penalty for Disposition each and every offense against this Act, or any part, clause or a.rti_f ~in es recov. ered under le, shall be prosecuted, sued for and recovered in any Court of this Act. competent jurisdiction, for the use of the State; and the penalties imposed in this Act shall, in every case, be recovered, although the Commissioners of Pilotage may not think proper to deprive the pilot in default of his license in any instance herein authorized; Commission- and the Commissioners of Pilotage now in office shall act as such e's noWv in offee to act until the ap ointment of others under the provisions of this Act, until new apdpotil menti' and shall exercise all the powers vested in the Commissioners of are made. Pilotage under the provisions of this Act. SEC. 28. The members of the respective Boards of CommissionCommission ers herein provided for shall hold their offices for two years, unless ers' term of office. sooner removed by the Governor. When a vacancy occurs, a new Vacancy. appointment shall be made for the full term. SEC. 29. This Act shall not be construed to interfere with the Rights of rights of any pilots who already hold either a limited or full branch Pilotsy alrse or license; but all such pilots, after the passage of this Act, shall not interfer be subject to all its penalties and forfeitures, and entitled to all its ed with by this Act. privileges and immunities. SEC. 30. That all Acts or parts of Acts inconsistent with the Repealing provisions of this Act, and all Ordinances or parts of Ordinances clause. in conflict or inconsistent with the provisions thereof, be, and the same are hereby, repealed. Approved February 27, 1872. OF SOUTH CAROLINA. 63 AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO INCORPb- -A D 1872 RATE THE TOWN OF COKESBURY." N No. 49. SECTION 1. Be 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 authority of the same, That Section seventy-six (76) be so amended, in the second lihe, by striking out the word " six, and inserting, in lieu thereof, the word " four," so as to read as follows: "The said Town Council shall be governed by an Intendant and four Wardens." SEC. 2. That Section eighty-four (84) be so amended, in the Rate of taxation limited. seventh line, by striking out the word "ten," and inserting, in lieu thereof, the word "five," so as to read: " No tax shall be imposed, in any one year, to exceed the rate of five cents on each hundred dollars of such assessed property." Approved February 27, 1872. AN ACT TO INCORPORATE TIHE BROTHERLY ASSOCIATION, OF CHARLESTON, S. C. SECTION 1. Be 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 authority of the same, That W. Wallace, Corporator B. K. Kinloch, Edward Fordham, Mi. J. Simonds, Thos. Lesesne, A. E. O'Neil, and their associates and successors, are hereby declared to be a body politic and corporate, in'deed and in law, by the name and style of the " Brotherly Association, of Charleston, I orrorate S. C.," and by the said name shall have perpetual succession of offi- title. cers and members, and a common seal, with power to change,.[alter, and make new the same, as often as the said corporation shall judge expedient. SEC. 2. That the said corporation shall be capable in law to purchase, have, hold, receive, enjoy, possess, and retain to itself, in per- privilegesn petuity, or for any term of years, any lands for the purpose of interments, or other property, of what nature soever, not exceeding the value of fifty thousand dollars, or to sell or alien the same, as the said corporation shall think fit; and, by its corporate name, to sue and be sued, implead and be impleaded, in any Court of law or equity in this State; and to make such rules and by-laws, not repugnant to the laws of the land, as, for the order, good government and management thereof; may be deemed necessary and expedient. 64 STATUTES AT LARGE A. D. 1872. SEC. 3. That this Act shall be deemed a public Act, and continue ^"'" ""^ in force until repealed. Approved February 27, 1872. AN ACT TO PROVIDE FOR THE SPEEDY APPORTIONMENT OF No. 51. STATE APPROPRIATIONS, MADE FOR THE SUPPORT AND MAINTENANCE OF FREE COMMON SCHOOLS. SECTION 1. Be it enacted by the Senate and House of Represenppropri- tatives of the State of South Carolina, now met and sitting in Geneation ato ral Assembly, and by the authority of the same, That the State Sube apportioned within perintendent of Education be, and he is hereby, authorized and emfifteen days powered, if, in his judgment, the exigencies of the case require, to apportion to the several Counties of the State any State appropriation made for the support and maintenance of Free Common Schools, within fifteen (15) days after said appropriation shall have been made. SEC. 2. That this Act shall take immediate effect. Approved February 27, 1872. No. 52. AN ACT TO CHANGE THE NAME OF WM. NATHANIEL MARTIN, AND TO MAKE HIM ONE OF THE LEGAL HEIRS OF HIS FATHER. Whereas, Wim. B. Davis, a. citizen of Williamsburg County, is Preamble. the father of an illegitimate child, a boy, now going by the name of Wm. Nathaniel Martin; and, whereas, said Win. B. Davis is desirous of having the name of said child changed to that of Win. Nathaniel Davis, and to have conferred upon him all the rights of legitimacy; therefore, SECTION 1. Be it enacted by the Senate and House of RepresenWm.N. Mar- tatives of the State of South Carolina, now met and sitting in Genetin's name changed to ral Assembly, and by the authority of the same, That the name Davis. of the said Wm. Nathaniel Martin be changed to that of Wm. Nathaniel Davis. SEC. 2. That all the rights of legitimacy are,hereby conferred Rightsofle- upon the said Wm. Nathaniel Martin, and that he be considered fertreiay C one of the legal heirs of his father, Win. B. Davis, as if born in lawful wedlock. Approved February 27, 1872. OF SOUTH CAROLINA. 65 AN ACT TO INCORPORATE THE SPRINGFIELD BAPTIST CHURCH, A. D. 1872. OF THE CITY OF GREENVILLE, S. C. N 53 No. 53. SECTION 1. Be 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 authority of the same, That the members of the said Society be, and are hereby, incorporated, and are hereby Co porate declared. to be a body corporate, by the name and style of the name. Springfield Baptist Church, and by that name and style shall have a succession of officers and members, and shall have a common seal. SEC. 2. That the said corporation shall have power to purchase, receive and hold any real or personal estate, not exceeding in value fifty thousand dollars, and to sell, convey and dispose of the same; and by its corporate name may sue and be sued, in any Court of Powers and competent jurisdiction in this State, and make such rules and by- g laws, not repugnant to the laws thereof, as they may deem necessary and expedient. SEC. 3. That this Act shall be deemed and taken to be a public Act, and shall continue in force until repealed. Approved February 27, 1872. AN ACT TO AUTHORIZE THE COUNTY COMMISSIONERS OF BARN- No 54. WELL COUNTY TO ESTABLISH A PUBLIC ROAD FROM BINAKER'S BRIDGE, VIA THE TOWN OF GRAHAMS AND HONEY FORD, ACROSS THE BIG SALKEHATCHIE SWAMP, IN THE VICINITY OF RUSH'S MILL, TO INTERSECT THE BUFORD'S BRIDGE AND BARNWELL ROAD AT THAT POINT. SECTION 1. Be 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 authority of the same, That the County Commissioners of Barnwell County be, and they are hereby, authorized, empowered and required, immediately after the passage of this Act, to lay out, make and keep in repair a public road, leading Roald from from Binaker's Bridge, through the town of Grahams, via Honey Bricdg1e. Ford, on the Little Salkehatchie Swamp, to the road leading from Buford's Bridge to Barnwell C. H., crossing the Big Salkehatchie Swamp at or near Rush's Mill. SEC. 2. That said County Commissioners shall appoint a compe- Appointment of Surveyor. tent person to survey and lay out said road; and, immediately thereafter, cause the same to be constructed. SEC. 3. That, in the construction of said road, the Commissioners aforesaid shall cause to be constructed and erected such bridges 5 66 STATUTES AT LARGE A. D. 1872. as shall be recommended by the surveyor aforesaid; and they shall cause public notice to be given, with the specifications required, and shall award the building of the said bridges to the lowest bidContract to der: Provided, however, That the said bidder shall file his bond, be awarded to lowestbidder with proper security, in double the amount ofsaid contract, for the faithful carrying out of its provisions, in the custody of the proper officers: And provided, also, That the cost of erecting said bridges shall not exceed three hundred dollars. SEC. 4. That the County Commissioners be further authorized and required to order out all persons liable to road duty, residing County Com- within four miles of the line of said road, as located, (except those missioners to living in incorporated towns,) to perform three days' work in each call out per- n sons liable to month on said road,.until its completion, to the satisfaction of the road duty. County Commissioners, commencing immediately after the survey of said road has been completed; notice to be given by the County Commissioners in the manner such notices have been heretofore Penalty for given; defaulters to be fined two dollars for each day's failure to work as notified-the fines to be collected by the County Commissioners, and paid into the Treasury for the use of said County. SEC. 5. That the bridges, mentioned in the third Section of this Bridges-'Act, be completed during the first and second month from the comwhen to be completed. mencement of the construction of said road. Approved February 27, 1872. AN ACT TO REVIVE AND RENEW THE CHARTER AND CORPORATE PRIVILEGES OF THE TRUSTEES OF THE BENNETTSVILLE ACADEMICAL SOCIETY. NO. 55. SECTION 1. Be 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 authority of the same, That Sections 2, 3 and 16 of an Act entitled " An Act to incorporate certain societies and companies, and to renew and amend certain charters heretofore granted," ratified on the eighteenth day of December, in the year of our Lord one thousand eight hundred and forty-four, be, and the same are hereby, revived and re-enacted, only in so far as to renew Corpotrate the charter and corporate privileges therein conferred upon the privileges re. -rvesbon vived. Trustees of the Bennettsville Academical Society, to be a body politic and corporate, entitled to all the rights and privileges in said Act granted, not repugnant to the laws of the land; that the said corporation shall have power to purchase, reeeive and posses any real or personal estate, not exceeding in value, the OF SOUTH CAROLINA. 67 sum of ten thousaud dollars: Provided, That the said Trustees A. D. 1872. of the Bennettsville Academical Society be subject to an Act to provide for the formation of corporations, so far as the' same may Subject to provisions of be applicable: Provided, further, That nothing herein contained Act of 1841. passed December 17, 1841. shall exempt them from the provisions of Section, 41 of an Act SEC. 2 This Act shall be deemed a public Act, and shall continue in force until amended or repealed. Approved February 27, 1872. AN ACT TO REQUIRE THE COUNTY COMMISSIONERS TO REMOVE No. 56. IMBECILES FROM THE LUNATIC ASYLUM TO THEIR RESPECTIVE COUNTY POOR HOUSES. Whereas, experience has established the fact that imbeciles should Preamble. not beconfined in the same building with the insane; and, whereas, the insane-who, as a class, require special treatment-have frequently to be refused admission into the asylum for want of room; therefore, SECTION 1. Be it enacted by the Senate and House of Representatives df the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That, from and after the passage of this Act, the County Commissioners of the va- Imbecilesto rious Counties in the State shall remove their imbeciles from the fr'om Lunatic Asylum to State Lunatic Asylum, upon due notice from the Superintendent to Poor Houses. the said County Commissioners as to the number of imbeciles confined in the institution from their respective Counties, and shall hereafter take care of all such persons in their respective County Poor Houses. SEC. 2. That all Acts or parts of Acts inconsistent with the provisions of this Act be, and the same are hereby, repealed. Approved February 27,1872. AN ACT TO CHARTER THE STATE SAVINGS AND INSURANCE No. 5 BANK, OF ANDERSON, SOUTH CAROLINA. SECTION 1. Be 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 authority of the same, That James Corporators. L. Orr, Jessey W. Norris, O. A. P. Fant, D. M. Watson, Wm. Perry, Jacob Burriss, W. S. Sharpe, B. F. Crayton, John Martin, 68 STATUTES AT LARGE A. D. 1872. John R. Cochran, John B. Sitton, F. E. Harrison, W. B. Watson, ~^^ Sr., B. D. Dean, John Wilson and J. W. Harrison, together with such persons as are now, or may hereafter be, associated with them, shall be, and they are hereby, constituted and made a body politic Corporate names. and corporate, by the name and style of " The State Savings and Insurance Bank, of Anderson, South Carolina;" and by that name and style shall be, and is hereby, made capable, in law, to have, purchase, enjoy and retain to it and its successors, lands, rents, tenements, goods, chattels and effects, of whatever kind or quality soever, and the same to sell, alien or dispose of; to sue and be sued, Powers and plead and be impleaded, answer and be answered, defend and be privileges, defended, in Courts of record, or any other place whatsoever, and have perpetual succession; to have and exercise the rights and privileges of other corporations now existing, or that may hereafter be enacted; and, also, to make, have and use a common seal, and the same to break, alter and renew at their pleasure; and, also, to ordain and put in execution such by-laws and regulations as may seem necessary and convenient for the government of the said corporation. SEC. 2. That the capital stock of said corporation shall be twentyfive thousand dollars, to be divided into shares of one hundred dolCapital stock. lars each, and may be increased, from time to time, to a sum not exceeding five hundred thousand dollars, as may be deemed necessary by the Board of Directors. SEC. 3. The persons named in the first Section of this Act shall Presidentand be the Directors of this Company until others are appointed by the Directors - appointment stockholders, and they may, as soon as proper, appoint a President and duties. from among their number, or from among others who may hereafter be associated with them; and the said President shall continue in office for the period of one year from the day of his election, or until his successor is appointed. In case of a vacancy in the office of President or Director, from any cause, the remaining Directors may elect others to supply their places until a meeting of the stockholders shall be held. There shall be five or more Directors who, with the President, shall manage the affairs of the company. Three of said Directors shall constitute a quorum for any and all business purposes of said company. The meetings of the stockholders shall be held in the principal office of the corporation, which shall be designated by the Board of Directors. SEC. 4. The President and Directors shall appoint such clerks Clerks-ap- and other officers as they may find necessary properly to conduct pointment and compen- the business of said company, and allow them suitable compensasation. tion; all of which clerks and officers shall hold their places during the pleasure of said President and Directors. OF SOUTH CAROLINA. 69 SEC. 5. The President and Directors shall have power to appoint A. D. 1872. agents in any part of the State or elsewhere, and, at their discre- A at their discre- Agents. tion, may take from them bonds, with security, conditioned for the faithful performance of their duties; such agents being removable at the pleasure of the President, subject to the approval of the Board of Directors, or by the Board of Directors. SEC. 6. The mode of voting at the meetings of said company, Mode of voshall be one vote for each share of stock, and every stockholder may, at pleasure, by power of attorney or in person, assign or transfer his stock in the company, on the books of the same, or any part thereof, not being less than a whole share. SEC. 7. The first annual meeting of the stockholders of said com- Annualmeet pany shall be on the first Tuesday of June, 1872, and thereafter on ings. the same day of each year: Provided, The said stockholders, at any regular meeting, or a Board of Directors, may, at any time, change the day of said annual meeting; and the President and Di- General rectors, may, at any time, call a general meeting of the stockholders, meetings. and any number of stockholders, owning not less than one-third of the whole number of shares, may require the President to call such meeting, and, on his refusal to do so, may themselves call such meeting, in such case giving at least ten days' notice, by publication in one or more newspapers published in the city of Columbia. SEC. 8. The members of the company shall not be liable for any Res ibi loss, damage or responsibility, other than the property they have in ity of memthe capital and funds of the company, to the amount of shares held by them, respectively, and any profits arising therefrom not divided. SEC. 9. That said corporation shall have power and authority to of Itectalpitna invest its capital stock or other funds in bank or other stocks, in stock. the purchase of bonds of the United States, bonds issued by this or any other State of the United States, and in bonds of any incorporated company, to lend money upon personal or real security, to discount bonds, notes and bills of exchange, and to guarantee the payment of notes, bonds, bills of exchange, or other evidences of debt, and use their property in any manner incidental to a banking, insurance and trust business, or the general business of the company. SEC. 10. All policies of insurance, and other contracts made by Insurance said company, signed by the President, and countersigned by the policies. Secretary, shall be obligatory on said company, and have the same effect as if attested by a corporate seal. SEC. 11. This Act shall be in full force after its passage. Approved February 27,1872. 70 STATUTES AT LARGE. D. 1872. AN ACT TO A MEND AN ACT ENTITLED " AN ACT TO CHARTER N 58 THE YEMASSEE AND MILLEN RAILROAD COMPANY, IN THE STATE No. 58. OF SOUTH CAROLINA." SECTION 1. Be 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 authority of the same, That an Act entitled " An Act to charter the Yemassee and Millen Railroad, in the State of South Carolina," approved March 9, A. D. 1871, be amended as follows, to wit, the words: Provided, That the said work shall be commenced within one year, and completed within five years Road to be after the passage of this Act," occurring in the (7th) seventh, (8th) commenced within three eighth and (9th) ninth lines of Section 4, be changed so as to read: years, " Provided, That the said road shall be commenced within (3) three years after the passage of this Act, and completed within (5) five years after the date of commencement of labor." SEC. 2. That nothing contained in said charter shall be so construed Said corpor- as to exempt said corporation from the provisions of Section 41 of ation not fex- c An Act to incorporate certain villages, societies and companies, and empt from provisions of to renew and amend certain charters heretofore granted, and to Act of li4t. establish the principles on which charters of incorporations will hereafter be granted," approved December 17, 1841. Approved February 27, 1872. No. 59. AN CT TO AMEND AN ACT ENTITLED "AN ACT TO INCORPORATE THE COLUMBIA, WALTERBORO AND YEMASSEE RAILROAD COMPANY." SECTION 1. Be 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 authority of the same, That an Act entitled "An Act to incorporate the Columbia, Walterboro and Yemassee Railroad Company," approved March 7, 1871, be amended as follows, to wit: The words, " Provided, That the said Road to be comme n ced road shall be commenced within one year and completed within five withlin three years. years after the passage of this Act," occurring in the seventh, (7th,) eighth (8th) and ninth (9th) lines of Section (8) eight, be changed so as to read: "Provided, That the said road shall be commenced within three years after the passage of this Act, and completed within five years from date of commencement of labor." That the second Section of said Act shall be amendedl by striking out the OF SOUTH CAROLINA. 71 word "possible," wherever it occurs in said Section, and inserting, A. D. l72. in place thereof, the word " practicable;" and that the third Sec- tion of said Act shall be amended by striking out the words "one hundred," in the eighth line of said Section, and inserting, in place thereof, the words "twenty-five." SEc. 2. That nothing contained in said Act of incorporation shall be so construed as to exempt said corporation from the provisions of N Section 41 of "An Act to incorporate certain villages, societies and from, provisions of Act of companies, and to renew and amend certain charters heretofore 1841. granted, and to establish the principles on which charters of incorporations will hereafter be granted," approved December 17, 1841. Approved February 27,1872. AN ACT TO RE-CHARTER THE FERRY OVER TIE COMBAIIEE NO. 60. RIVER, SOUTH CAROLINA, KNOWN AS THE COMBAHEE FERRY. SECTION 1. Be 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 authority of the same, That, from and after the passage of this Act, the Ferry over the Combahee River (known as the Combahee Ferry) be, and the same is hereby, rechartered, and vested in Arthur Middleton, his heirs and assigns, Vested in Arthur lKidfor a term of fourteen years, with the following rate of toll: For dlet on. each -man and horse, ten cents; for each horse, led, five cents; for Rates c each foot passenger, five cents; for each wagon, drawn by four toll. horses, seventy-five cents; for each wagon and carriage, drawn by two horses, fifty cents; for each wagon, drawn by one horse, twentyfive cents; for each gig or sulky, twenty-five cents; for each cart and horse, twenty-five cents; for each head of cattle, five cents; for each hog, sheep or goat, three cents; for long or double ferriage, double the amount of the above rates: Provided, That the said Ferry boats. Arthur Middleton, his heirs or assigns, shall keep one or more good, substantial ferry boats, together with a suitable rope or chain, or such other contrivance as will insure safe and prompt transportation across said stream: Provided, further, That children going to and tiPersons en titled to free returning from school, and voters going to and returning from the ttnP'o tapolls on election day, shall be passed free of charge over said ferry. Approved February 27, 1872. 72 STATUTES AT LARGE A D. 172. AN ACT TO CHANGE THE NAMES OF LEE ABRAMS, JOHN ABRAMS,. 61. DUNKLIN ABRAMS AND MARY ABRAMS, TO LEE FERGUSON, JOHN FERGUSON, DUNKLIN FERGUSON AND MARY FERGUSON, RESPECTIVELY, AND TO PERMIT CHARLES M. FERGUSON TO ADOPT THEM, AND MAKE THEM HIS LAWFUL HEIRS. Whereas the aforesaid Lee Abrams, John Abrams, Dunklin Abrams and Mary Abrams are all the minor children of Frances PreambleE. Abrams, now intermarried with the said Charles M. Ferguson, who is desirous of treating said children, in every respect, as his own, to confer upon them his own name, and to make them his lawful heirs; therefore, SECTION 1. Be 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 authority of the same, That the names N a m e s of the said Lee Abrams, John Abrams, Dunklin Abrams and Mary changed from Abras t o Abrams be changed, respectively, to Lee Ferguson, John Ferguson, Ferguson. Dunklin Ferguson and Mary Ferguson. SEC. 2. That the said Lee Ferguson, John Ferguson, Dunklin Ferguson and Mary Ferguson shall, hereafter, be deemed lawful Madelawful heirs of the said Charles M. Ferguson, and shall, upon the death of heirs. the said Charles M. Ferguson, providing he die intestate, inherit his property, in common with his other lawful heirs.' Approved February 27, 1872. No. 62. AN ACT TO RENEW, AMEND AND EXTEND THE CHARTER OF THE TRUSTEES OF THE PRESBYTERIAN CHURCH, OF SMYRNA, IN NEWBERRY COUNTY. -SECTION 1. Be 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 authority of the same, That David B. Piester, George W. Senn, Henry Hendrix, Henry D. Boozer and orpr ate Thomas N. Boozer, Trustees of the Presbyterian Church, of Smyrna, name. in Newberry County, and their successors in office, be, and the same are hereby, declared a body politic and corporate, under the name and style of the Trustees of the Presbyterian Church, of Smyrna, in Newberry County, with all the rights, powers and privileges Powers and privileges, heretofore granted to the Trustees of the Presbyterian Church, of Smyrna, in Newberry District, by an Act of the General Assembly, passed December, A. D. 1857; and the charter of same is hereby renewed and extended for the term of twenty-five years. Approved February 27, 1872. OF SOUTH CAROLINA. 73 AN ACT TO AUTHORIZE ALIENS TO HOLD PROPERTY. A. D. 1872. Be it enacted by the Senate and House of Representatives of the No. 63. State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That real and personal property, Alien entiof every description, may be taken, acquired, held and disposed of tled to rights of property by an alien, in the same manner, in all respects, as by a natural as natural born citizens. born citizen; and a title to real and personal property of every description may be derived through, from, or in succession to an alien, in the same manner, in all respects, as through, from, or in succession to a natural born citizen. Approved February 27, 1872. AN ACT TO INCORPORATE TIE TOWN OF LEWISVILLE, S. C. No. 64. SECTION 1. Be 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 authority of the same, That, from and after the passage of this Act, all citizens of this State, having Corporators. resided twelve months within this State, and sixty days in the village of Lewisville, shall be deemed, and are hereby declared to be, a body politic and corporate, and the said village shall be called and known by the name of Lewisville, and its corporate limits shall Corporate extend three-fourths of a mile, in each direction, from the new store limits. of W. H. Hennon. SEC. 2. That the said village shall be governed by an Intendant Officers of and four Wardens, who shall be citizens of the United States, and town. who shall have resided in this State twelve months, and shall have been Tesidents of the said village sixty days immediately preceding their election, and who shall be elected on the fourth Monday in May, 1872, and on the same day in each year thereafter, ten days' public notice thereof being previously given; and.that all male in- Electors habitants of the age of twenty-one years, citizens of the State, and who shall have resided within the State twelve months, and in the said village sixty days immediately preceding the election, shall be entitled to vote for said Intendant and Wardens, paupers and persons under disabilities for crime excepted. SEC. 3. The said election shall be held at some convenient public place in said village, from six o'clock in the morning until five o'clock in the afternoon, and, when the polls shall be closed, the Managers shall forthwith count the votes and declare the eledtion, 74 STATUTES AT LARGE'A.. 172. and give notice thereof, in writing, to the Intendant therein being' or cause the same to be given, to the person duly elected: Provided, The Commissioners of Election of Orangeburg County shall call the first election under this Act, and shall appoint Managers to conduct the same, who shall make return thereof to the Commissioners, the same as other elections held in this State. And the said Commissioners shall count the votes, and declare the election, and notify the persons so elected, Intendant and Wardens of the said village. The Intendant and Wardens, before entering upon the duties of their offices, shall respectively take the oath prescribed by the Constitution of the State, and, also, the following oath, to wit: Oath of of- As Intendant (or Warden) of the village of Lewisville, I will equally and impartial y, to the best of my ability, exercise the trust reposed in me, and will use my best endeavors to preserve the peace, and carry into effect, according to law, the purposes for which I have been elected: So help me God." And if any person, upon being elected Intendant or Warden, shall refuse to act as such, he shall forfeit and pay to the Council the sum of twenty dollars, for the use of said village: Provided, That no person who has attained the age of sixty years shall be compelled to serve in either of said offices, nor shall any other person be compelled to serve either as Intendant or Warden more than one year in any term of three years. The Intendant and Wardens for the time being shall Board of always appoint one or more Boards of Managers, three Managers 1Managers, for each Board, to conduct the election, who, before they ppen the polls, shall take an oath fairly and impartially to conduct the same. SEC. 4. That in case a vacancy shall occur in the office of Intenacan ci e, dant or any of the Wardens, by death, resignation, removal or othhow filled. erwise, an election to fill such vacancy shall be held, by order of the Intendant and Wardens, or a majority of the same, ten days' public notice being previously given; and in case of sickness or temporary absence of the Intendant, the Wardens, forming the Council, shall be empowered to elect one of the number to act as Intendant during the time. SEC. 5. That the Intendant and Wardens duly elected and qualiJudicial powers. fied shall, during their term of service, severally and respectively, be vested with all the powers of Trial Justices, (or Justices of the Peace, as the case may be,) in this State, within the limits of the village, except for the trial of small and mean causes; and the Intendant shall, or may, as often as necessary, summon the Wardens to meet in Council, any three of whom, with the Intendant, shall powers and constitute a quorum to transact business; and they shall be known privileges, as the Town Council of Lewisville; and they, and their successors in office hereafter to be elected, may have a common seal, which OF SOUTH CAROLINA. 75 shall be affixed to all of their ordinances; may sue and be sued, A. D. 1872 plead and be impleaded, in any Court of justice in this State; and purchase, hold, possess and enjoy, to them and their successors, in perpetuity, or for any term of years, any estate, real, personal or mixed, and sell, alien or convey the same: Provided, The same shall not exceed, at any one time, the sum of ten thousand dollars. And the said Town Council shall have authority to appoint, from time to time, as they may see fit, such and so many proper persons to act as Marshals or Constables of said village as the said Coun- Constablescil may deem necessary and expedient for the preservation of the tie. an peace, good order and police thereof, which persons, so appointed, shall, within the corporate limits of said village, have the power and privileges, and be subject to all the obligations, penalties and regulations provided by law for the office of Constable, and shall be liable to be removed at the pleasure of said Council. And the said Town Council shall have power to establish, or authorize the Market and Guard Hciuse. establishment of, a market house in said village; also, to authorize the establishment of a guard house, and to prescribe suitable rules and regulations for keeping and governing the same. And the said Town Council, or the said Intendant or Wardens, in person, any one or more of them, may authorize and require any Marshal of the town, or any Constable specially appointed for that purpose, to arrest and commit to the said guard house, for a term not exceeding twenty-four hours, any person or persons who, within the corporate limits of said town, may be engaged in any breach of the peace, any riotous or disorderly conduct, open obscenity, public drunkenness, or any conduct grossly indecent or dangerous to the citizens of said town, or any of them. And it shall be the duty of the Town Marshals or Constables to arrest and commit all such Power to ar rest and coinoffenders, when required so to do, and who shall have power to call mt to Guard I House. to their assistance the posse comitatus, if need be, to aid in making such"arrests, and, upon the failure of said officers to perform such duty as required, they shall, severally, be subject to fines and penalties as the Town Council may impose upon them. And all persons so imprisoned shall pay the costs and expenses incident to their imprisonment, which costs and expenses shall be collected in i m p riso nthe same manner as is provided for the collection of fines imposed ment. for the violation of ordinances, rules and regulations: Provided, That such imprisonment shall not exempt the party from the payment of any fine the Council may impose for the offense which he, she or they may have committed. And the said Town Council shall have full power and authority,-under their corporate seal, to make all such rules and regulations, by-laws and ordinances, re-. specting the streets, roads and the business thereof, as well as the 76 STATUTES AT LARGE A. D. 1872. police system of the said town, as shall appear to them necessary and proper, for the security, welfare and convenience, and for preserving health, order and good government within said town. And the said Town Council may impose fines for offenses against their Fines. by-laws, rules, regulations and ordinances, and appropriate the same to the public use of said town; and the said Town Council shall have the same power that Trial Justices or Justices of the Peace now have, or may hereafter have, to compel the attendance of witnesses, and require them to give evidence upon the trial before them of any person or persons, for violation of any of their ordinances, by-laws, rules and regulations; but no fine above the sum of twenty-five dollars shall be collected by said Council, except by suit in proper Courts of justice in this State; and, also, that nothing herein contained shall authorize said Council to make any ordinances or by-laws inconsistent with, or repugnant to, the laws of the State. Nuisances. SEC. 6. That the said Intendant and Wardens, or a majority of them, shall have power to abate and remove all nuisances in said town; and it shall be their duty to keep all roads, ways, bridges and streets in said town open and in good repair, and, for that purpose, they are invested with all the powers of County Commissioners, or Road and Commissioners of Roads, for and within the corporate limits of the said street duty. town; and they may lay out new streets, close up, widen, or otherwise alter those now in use; and shall have full power to classify and arrange the inhabitants or citizens of said town liable to street, road, or other duty therein, and to force the performance of such duties, under such penalties as are now, or shall hereafter be, prescribed by law; and they shall have power to compound with all persons liable to work the streets, ways and roads in said town, upon such terms as their ordinances or by-laws may establish, or their Power t o rules and regulations may require, the money so received to be apopelstreent plied to the public use of said town; and all persons refusing to labor, or failing to pay such commutation, shall be liable to such fine, not exceeding twenty dollars for any one year, as the said Town Council may impose; and they shall have the power to enforce the payment of such fine, in the same manner as is now, or may be hereafter, provided for the collection of County taxes. And the said Town Council shall have power, with the consent of the adjacent land owners, to close all such roads, streets and ways within the said town as they may deem necessary, by the sale of the freehold therein, either at private or public sale, as they may adjudge best for the interest of the said town; and they shall keep in repair all such new streets, roads and ways as they wtay, from time to time, deem necessary for the improvement and convenience of said town: OF SOUTH CAROLINA. 77 Provided, That no street, road or way shall be opened without first A D 1872. having obtained the consent of the land owner or owners thereof, P-vithrough whose premises any such new street, road or way may pass. SEC. 7. The said Town Council shall have power and authority to require all persons owning a lot or lots in said town to close in and to make and keep in good order and repair sidewalks in front Sidewalks. of said lot or lots, whenever the same shall front or adjoin any public street of said town, if, in judgment of Council, such sidewalk or sidewalks shall be necessary, the width thereof, and the manner of construction, to be designated and regulated by the said Town Council; and for default or refusal, after reasonable notice, to make and keep in good repair such sidewalks, and to close such lot or lots, the Town Council may cause the same to be made or put in repair, and require the owner to pay the price of makiig or repairing; and the said Town Council are hereby empowered to sue for and recover the same by action of debt in any Court of competent jurisdiction: Provided, That such contract for making or repairing is let to the lowest bidder. The cemeteries and public graveyards are also placed under the jurisdiction of the said Town Council. SEC. 8. The Intendant and Wardens of the said town, or a majority of them, shall have full power to grant or refuse licenses to Licenses. keep taverns or retail spirituous liquors, within the corporate limits of the said town, upon such conditions, and under such circumstances, as to them shall seem proper and right: Provided, That in no instance shall the price be less than the amount that is established by the State; and all moneys paid for licenses, and for fines. and forfeitures, shall be appropriated to the public uses of said town: Provided, That, the Intendant and Wardens, duly elected, shall not have power to grant any license to keep tavern or retail spirituous liquors to extend beyond the term for which they have been elected. They shall have power to regulate sales at auction Sales at auce within the corporate limits of the town; and to grant licenses to tio. auctioneers, itinerant traders, to keepers of hotels and livery stables, and to levy a tax on all drays, carts, wagons, carriages, omnibuses, buggies, horses, mares, or mules, kept for hire, or used for public purposes in said town; and they have the full and only power to impose a tax on all shows or exhibitions for gain or reward, Tax on lrays and exhibiwithin the corporate limits of said town; they shall have power to tions. impose a tax, not exceeding twenty cents on every hundred dollars of the value of all real or personal property, lying within the corporate limits of the town, the real and personal property Tax on real of churches and schools and college associations excepted. and personal That an ordinance declaring the rates of annual taxation poperty 78 STATUTES AT LARGE A. D. 1872. upon property and other subjects of annual taxation for the year shall be published at least three weeks during the month of January in each year: Provided, That the said Town Council shall have power to levy a tax for this year, under the same rules as is above stated, immediately after the pasProperty hloders t o sage of this Act, and that all persons liable to taxation under the make oath of their proper- same shall make oath of their taxable property within said town, ty. and make payment of their taxes to the Clerk or Treasurer of said corporation, or such other person as they may be ordered or required to do during the succeeding month after publication; and, upon the failure to make such returns and payments as required, the parties so in default shall be subject to the penalties provided by law for the failure to pay the general State and County tax, to be enforced by the orders of the Intendant and Wardens, or a majority of them, for the use of said town, except that, in such cases, Executions. that executions to enforce the payment of such taxes shall be issued under the seal of the corporation, and may be directed to the Town Marshal, or other persons appointed by the said Town Council, to levy, collect and receive the same, with costs, as in such cases made and provided by law; and all property upon which such taxes shall be levied and assessed is hereby declared and made liable for the payment thereof in preference to all other debts, except debts due able in ad t he State, which shall be paid first; and that all other taxes imvance. posed by the Intendant and Wardens, or a majority of them, shall be payable, in advance, by the parties liable for the same; and, on failure of payment, their property shall be liable for the same, as in manner and form just before stated. SEc. 9. The Intendant and Wardens elect, together with Clerk and Treasurer, shall, during their term of office, be exempt from street and police duty. Each Town Council shall, within one month after the expiration of their term of office, make out and Shall give return to their successors in office a full account of their receipts account of re- 1 * 1 * * oepts, expen- and expenditures during their term; which account shall be pubditures, &nc. ditures, &. lished in one or more papers of the town or County, and shall pay over all moneys in their possession belonging to the corporation, and deliver up all books, records and other papers incident to their office to their successors; and, on failure to do so, shall be liable to be fined in a sum not exceeding five hundred dollars, to be collected by any proper action of the Town Council. SEC. 10. That all ordinances or by-laws passed by the Town Council of Lewisville shall be binding upon the citizens of said town the same as the laws of the State. SEC. 11. That all Acts and parts of Acts inconsistent with or supplied by this Act be, and the same are hereby, repealed. OF SOUTH CAROLINA. 79 SEC. 12. This Act shall be deemed a public Act, and continue in A. D. 172. force for the term of twenty years, and uatil the end of the session of the Legislature thereafter. OFFICE SECRETARY OF STATE, COLUMBIA, S. C., February 28, 1872. The foregoing Act, having been presented to the Governor of this State for his approval, and not having been returned by him to that branch of the General Assembly in which it originated within the time prescribed by the Constitution, has become a law without his approval. (Signed) F. L. CARDOZO, Secretary of State. AN ACT TO RELIEVE THE STATE OF SOUTH CAROLINA OF ALL N. 65. LIABILITY FOR ITS GUARANTY OF THE BONDS OF THE BLUE RIDGE RAILROAD COMPANY, BY PROVIDING FOR THE SECURING AND DESTRUCTION OF THE SAME. Whereas the State of South Carolina has, by and in pursuance Preamble of the provisions of an Act approved the fifteenth day of September, A. D. 1868, entitled "An Act to authorize additional aid to the Blue Ridge Railroad Company, in South Carolina,' endorsed a guaranty of the faith and credit of the State on four millions of dollars of bonds, issued by the said Blue Ridge Railroad Company, comprehending the Blue Ridge Railroad Company, in South Carolina; the Blue Ridge Railroad Company, in Georgia; the Tennessee River Railroad Company, in North Carolina; the Knoxville and Charleston Railroad Company, in Tennessee, and the Pendleton.Railroad Company, in South Carolina, for the purpose of aiding the speedy completion of the said railroad, which bonds are liable for the debts of the said railroad companies; and whereas the present condition of the finances of the State, and of said companies, is such as to make the further continuance of said bonds on the market inexpedient and unadvisable, and a serious injury and prejudice to the credit of the State; and whereas the existence of the said four millions of dollars of bonds, so guaranteed, creates a large liability upon the 80 STATUTES AT LARGE A. D. 1872. part of the State, which the Treasurer may be required to meet at unforeseen and inopportune times; and whereas the liability of the State, on account of such guaranty, should be faithfully met and discharged; therefore, in order to secure the recovery and destruction of the bonds and coupons of the said Company, issued under and. in pursuance of the provisions of the aforesaid Act, now pledged in the city of New York and elsewhere, and to relieve the State of all liabilities whatsoever, by reason of its endorsement and guaranty of said bonds: SECTION 1. Be 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 authority of the same, That the State AgeFntaonc Treasurer is hereby directed, with the consent, in writing, of the livee to state President of the Blue Ridge Railroad Company, in South Carolina, Treasurer bonds of Blue to require the Financial Agent of the State, in the city of New Ridge Rail- AS, road. Compa- York, immediately to deliver to the State Treasurer all the bonds of fly. the Blue Ridge Railroad Company, endorsed and guaranteed by the State of South Carolina, which are now in his possession, and held by him as collateral security, for advances made by the said Financial Agent, by the order of the Financial Board, to the Blue t T Ridge Railroad Company; and upon the delivery of said bonds, the State Treasurer to cancel Treasurer is hereby required to cancel the same, in the manner the same. hereinafter directed; and the said Blue Ridge Railroad Company shall thereupon be discharged from all liability to the State on account of such advances. SEC. 2. That upon the surrender by the said Company to the State Treasury of the balance of the said four millions of dollars Treasurer to deliver reve- of bonds, issued by the said Blue Ridge Railroad Company, and nue bond scrip to Presi- guaranteed by the State, the State Treasurer is hereby authorized dent, B lue e Ridge Rail- and required to deliver to the President of the Blue Ridge Railroad. road Company, in South Carolina, Treasury certificates of indebtedness (styled Revenue Bond, Scrip) to the amount of one million eight hundred thousand dollars, the said certificates to be executed in the manner hereinafter directed; and if the said Company shall not be able to deliver all of said bonds at one time, the Treasurer is authorized and required to deliver to the-said President such amount of such Treasury certificates as shall be proportioned to the amount of bonds delivered.' SEC. 3. That, to carry out the purposes of this Act, the State Bond scrip. to be printed Treasurer is hereby authorized and required to have printed, or en-,nd signed by Scate Treas- graved on steel, as soon as practicable, Treasury certificates of inurer. debtedness, to be known and designated as Revenue Bond Scrip of the State of South Carolina, in such form; and of such denomination as may be determined on by the State Treasurer and the Presi OF SOUTH CAROLINA. 81 dent of the Blue Ridge Railroad Company, in South Carolina, to A. D.1872. the amount of one million eight hundred thousand dollars; which Revenue Bond Scrip shall be signed by the State Treasurer, and shall express that the sum mentioned therein is due by the State of South Carolina to the bearer thereof, and that the same will be received in payment of taxes and all other dues to the State, except special tax levied to pay interest on the public debt. SEC. 4. That the faith and funds of the State are hereby pledged creditof State for the ultimate redemption of said Revenue Bond Scrip, and the Pedemptifo County Treasurers are, hereby required to receive the same in pay- of said Scrip. ment of all taxes levied by the State, except in payment of special tax levied to pay interest on the public debt; and. the State Treasurer and all other public officers are hereby required to receive the same in payment of all dues to the State; and, still further to provide for the redemption of said Revenue Bond Scrip, an annual tax Annual tax of three mills on the dollar, in addition to all other taxes, on the levied. to assessed value of all taxable property in the State, is hereby levied, to be collected in the same manner, and at the same time, as may be provided by law for the levy and collection of the regular annual taxes of the State; and the State Treasurer is hereby required to retire, at the end of each year from their date, one-fourth of the One-fourth amount of the Treasury Scrip hereby authorized to be issued, until tof aid retip all of it shall be retired, and to apply to such purpose exclusively annually. the taxes hereby required to be levied. SEC. 5. That if any such Revenue Bond Scrip is received in the Treasurer may pay out Treasury for the payment of taxes, the Treasurer be, and he is said Scrip in satisfaction of hereby, authorized to pay out such Revenue Bond Scrip in satisfac- claims. tion of any claims against the Treasury, except for interest that may be due on the public debt. SEC. 6. That upon the delivery to the State Treasurer of the said guaranteed bonds of the Blue Ridge Railroad Company, or of any part of them,'the Treasurer is hereby required to cause the same to be cancelled and destroyed, in the presence of the President of the Cancellation Blue Ridge Railroad Company, in South Carolina, and in the presence of a Joint Committee of the Senate and House of Representatives of this State, to be for that purpose appointed. SEC. 7. That whenever the whole number of the said guaranteed bonds shall have been delivered to the Treasurer and cancelled, as required by the provisions of this Act, the lien of the State of South ien of State Carolina upon the estate, property and funds of the said Blue Ridge upon the,eRailroad Company, in this State, and of the other associated corn- Ridge R. It. discharged panics in the States of Georgia, North Carolina and Tennessee, as and released. secured by the provisions of an Act entitled "An Act to authorize additional aid to the Blue Ridge Railroad Company, in South Caro6 82 STATUTES AT LARGE. D. 1872. lina," passed on the fifteenth day of September, Anno Domini one thousand eight hundred and sixty-eight, and all other claims or liens which are held by the State against said company or companies, on account of said guaranty, shall, from thenceforth, be forever discharged and released; and should the said company be unable, from any cause,to deliver all ofsaid bonds, such liens shall be discharged and released to an extent which shall be proportional to the amount of such bonds actually delivered. SEC. 8. That, if the said company shall accept the provisions of this Act, it shall be authorized, if the Board of Directors may deMay change its name. sire, to change the corporate name of the company to that of the "Knoxville and South Carolina Railroad Company," and shall have power to extend its railroad, or to construct branches thereof, to any points or places in this State, with all the powers and privileges with which the said company is now vested by the provisions Power to is- of its charter; and the said company shall also have power to issue bonds, and to secure the same by a mortgage, to such amount, and in such manner as the Board of Directors may direct. And all sales of stock in the said Blue Ridge Railroad Company, in South aales of cer- Carolina, and its associate companies, formerly held by the State tain stock confirmed. and sold by the Commissioners of the Sinking Fund, be, and they are hereby, confirmed. SEC. 9. That if any person shall forge or counterfeit the Treasury Scrip hereby authorized to be issued, or shall, directly or indirectly, Penalty for aid or assist in the forging or counterfeiting of such scrip, or shall fo,'gig said issue, or in any manner use any such, forged or counterfeited, he shall, on conviction thereof, be fined in the discretion of the Court, and-shall be imprisoned in the Penitentiary for a term not exceeding ten years. IN THE HOUSE OF REPRESENTATIVES, COLUMBIA, S. C., March 2, 1872. On the question "Shall this Act become a law, the objections of His Excellency the Governor to the contrary notwithstanding?" the yeas and nays were ordered, pursuant to provisions of the Constitution, resulting: Yeas, 84; nays, 18;and ordered to be sent to the Senate. By order: (Signed) A. 0. JONES, C. H. R. OF SOUTH CAROLINA. 83 IN THE SENATE, COLUMBIA, S. C., March 2,872. A D 1872. On the question "Shall this Act pass and become a law, the objections of His Excellency the Governor to the contrary notwithstanding?" the yeas and nays were ordered, pursuant to provisions of the Constitutibn, (Art. III, Sec. 22,) the Act passed, by a viva voce vote of: Yeas, 22; nays, 6; and ordered to be returned to the House of Representatives. By order: (Signed) J. WOODRUFF, Clerk of Senate. AN ACT TO INCORPORATE THE VILLAGE OF SMITHVILLE, CHRIST CHURCH PARISH, S. C.. SECTION 1. Be 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 authority of the same, That, from and after the passage of this Act, the village of Smithville be, and the same is hereby, incorporated; and all the privileges, rights and Rights and privileges of immunities granted by an Act to incorporate the town of Florence, charterofFlorence conSouth Carolina, be, and the same are hereby, vested in the said ferred upon village of village; and that the first election, under this Act, to be held on Smithville. the first Monday in April, 1873, the Clerk of Court for Charleston County do appoint Managers to conduct the same, by giving the proper time and notice thereof. SEC. 2. That A. Smith, Wm. Murrill and David Dial be, and ommissionare hereby, appointed Commissioners to fix the boundary of said es. village; said boundary to extend one mile in every direction from Limits of the fork of the Georgetown and Melton Road. Approved March 4, 1872. AN ACT TO AMEND THE CHARTER OF THE TOWN OF OR- NO. 67. ANGEBURG. SECTION 1. Be 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 authority of the same, That the charter of the town of Orangeburg be so amended that, whenever it shall 84 STATUTES AT LARGE A. D. 1872. become necessary for a new street or road to be opened within the incorporate limits of the said town, it shall be, and is hereby, made the duty of the Town Council of said town to have a Board of ApBpoara o Ap- praisers appointed, to value the damage sustained by the owner or their appoint- owners of lands through which said street or road is to pass, said and duties. Appraisers' Board to consist of three members, to be appointed as follows: One by the Intendant of the town, one by the owner or owners of the lands, and one by the Chairman of the Board of County Commissioners; and any damage caused by the running of said road or street to the owners of the lands shall be appraised by the CountyTrea- said Board, and the County Treasurer shall, upon their joint warsure atpopar rant, pay out said sum, as may be appraised, out of any funds in his ed. hands to the credit of the County. Approved March 4, 1872. NSo. 68. AN ACT TO CHARTER THE WALHALLA FEMALE COLLEGE. SECTION 1. Be 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 authority of the same, That Dr. Thos. Corporators. S. Waring, J. W. Stribling, J. A. Beard, C. E. Watson, Dr. A. E. Norman, Rev. B. Holden, Wesley Pitchford, Rev. J. P. Smeltzer, J. J. Norton, W. C. Keith, J. H. Whitner, H. S. Van Deviere, S. P. Dendy, R. A. Thompson, J. P. Mickler, G. M. Yarborough, and their successors in office, be, and are hereby, created and constituted a body politic and corporate, by the name and style of "The TrusnCoporate tees of the Walhalla Female College," for the purpose of organizname. ing, establishing, governing and conducting a seminary of learning in the town of Walhalla, in the State of South Carolina; and that the said body politic and corporate, by the said name of " The Trustees of the Walhalla Female College," shall be capable and liable in law and equity to sue and be sued, to plead and be imPowers and pleaded, to use a common seal, and to make all such by-laws and privileges. priv s rules as they may deem necessary and proper for the regulation, government and conduct of said seminary of learning, except as is hereinafter provided for: Pr)ovided, That said by-laws and rules be not repugnant to the Constitution and laws of this State, or of the United States. Trustees_ SEC. 2. That the said Board of Trustees shall hold their office teLrm o offie, for the term of twenty years, and shall be authorized to appoint ansuch ofcers as they may think neessary and proper for the organisuch officers as they may think necessary and proper for the organi OF SOUTH CAROLINA. 85 zation and government of their own body. And should any vacancy D 1872 occur in the Board, by death, resignation or otherwise, the said Board shall have power to fill said vacancy. SEC. 3. That the said Trustees and their successors shall have and hold all the estate, property and funds now belonging to said college, and all property, funds, money, donations, legacies and devises which may hereafter be granted, conveyed, bequeathed, devised, or given to said college, in trust, nevertheless, for the use and' benefit of said college. SEC. 4. That the present President, Dr. Thos. S. Waring, shall hold his office during the pleasure of the Board of Trustees, and Appointment of Pro. shall have full power to appoint all Professors, Tutors and Instructors fessors. of and in said college, and to remove the same at pleasure, and to exercise such general control and supervision over the Instructors, affairs and government of said college as he may deem advisable, subject to the approval of the Board of Trustees. SEC. 5. That the said President shall have power and authority Cfei to confer and award such distinction, honors, licenses and degrees as ofdegrees,&c. are usually conferred by similar colleges of the United States. SEC. 6. That this Act shall be deemed and taken to be a public Act, and to continue in force until repealed. Approved March 4, 1872. AN ACT TO INCORPORATE THE PROVIDENT LANDND ND REAL No. 69. ESTATE COMPANY, OF CHARLESTON, SOUTH CAROLINA. SECTION 1. Be 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 authority of the same, That Benjamin Corporators. H. Hoyt, Thomas A. Davis, Aaron Logan, N. T. Spencer, W. R. Jervay, S. E. Gaillard, Isaac Reed, H. W. Thompson, P. P. Hedges and B. A. Bosemon, Jr., and their associates and successors, are hereby made and created a body politic and corporate, under the Corporate name and style of "The Provident Land and Real Estate Con- name. pany, of Charleston, South Carolina." SEC. 2. And said corporation shall have power to make by-laws, Powers and not repugnant to the laws of the land; and shall have succession privileges. of officers and members according to their elections; and to keep and use a common seal, the same to alter at will; to sue and be sued in any Court in this State; to have and enjoy every right, power and privilege incident to such corporation; and it is hereby 86 STATUTES AT LARGE A. D. 1872. empowered to acquire, retain and enjoy all such property, real and personal, as may be given or bequeathed to or purchased by it, and to sell, convey or mortgage the same, or any part thereof, at will. SEC. 3. That said corporation may, from time to time, invest Investment their moneys, assets, or any property which it may acquire, in such Offu"ns real and personal property, bonds, stocks, or in sureties, in such sums, and on such terms and conditions, as it may deem proper; and to execute bonds,,&c., under its corporate seal: Provided, That the maximum value of all property held and owned by said corporation shall not exceed twenty-five thousand (25,000) dollars. SEC. 4. This Act to continue in force until repealed. Approved March 4,1872. No. 70. AN ACT TO INCORPORATE THE WILLTOWN NATIONAL GUARDS, OF COLLETON COUNTY. SECTION 1. Be it enacted by the Senate and House of Representatives of the Statd of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That BenjaCorporators. min Rivers, Major Solomon and Chisholm Ford, under the name Title. and style of the Willtowni National Guards, of Colleton County, they and their successors and associates in office, be, and they are hereby, incorporated, and made and declared a body politic and corporate, in deed and in law, and, as such body politic, shall have Powers and power to use and keep a common seal, the same at will to alter; to privileges. make all necessary by-laws, not repugnant to the laws of the land, and to have succession of officers and members, conformable to such by-laws; to sue and be sued, plead and be impleaded, in any Court of competent jurisdiction in this State; and to have, use and enjoy all other rights, and be subject to all other liabilities, incident to bodies corporate. SEC. 2. This Act shall be deemed and taken to be a public Act, and shall continue in force until repealed. Approved March 4, 1872. OF SOUTH CAROLINA. 87 AN ACT TO MAKE APPROPRIATIONS FOR THE PAYMENT OF THE A. D. 1872. PER DIEM OF THE MEMBERS OF THE GENERAL ASSEMBLY AND N No. 71. SALARIES OF TIlE SUBORDINATE OFFICERS AND EMPLOYEES, AND OTHER EXPENSES INCIDENTAL THERETO. SECTION 1. Be 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 authority of the same. That, for the payment of the per diem of the members of the General Assembly and the salaries of the subordinate officers and employees, Amount apthe sum of one hundred thousand dollars, if so much be necessary, propriated be, and the same is hereby, appropriated out of any funds in the Treasury not otherwise appropriated. SEC. 2. That the Clerks of the Senate and House of Representatives be, and they are hereby, authorized and directed to furnish pay certifieach member of their respective bodies a pay certificate for the cates of memamount of the per diem, to include such dates as the General Assembly shall, by concurrent resolution, direct. SEC. 3. That such certificates shall conform to the provisions of Section 23, Article II, of the Constitution of the State, and shall be RBywhomoertified and atcertified by the President of the Senate, and attested by the Clerk tested. of the Senate, for all members of that body, and by the Speaker of the House of Representatives, and by the Clerk of the same, for all members of that body. SEC. 4. That the subordinate officers and employees of the General Assembly shall, in like manner, be furnished with pay certificates, in such amounts as shall be fixed by that branch of the General Assembly to which such officers and employees shall, respec- Pay of subtively, belong: Provided, however, That the pay certificates for ordnates. services rendered, common to the two Houses, shall be signed by the President of the Senate, and countersigned by the Speaker of the House of Representatives. SEC. 5. That the Treasurer is hereby authorized and directed to Treasurer to pay the said certificates at his counter, out of any funds in the cPts caetihis Treasury not otherwise disposed of, prior to any other claim or counter. claims whatsoever, and to hold the certificates as his vouchers therefor; and he is also authorized and required to retain in the Treasury all moneys from incoming taxes, subject to the demands of such orders or certificates; and, should there be a deficiency of funds in the State Treasury, whereby the payment of said certifi- iz oauthorcates cannot be made, the State Treasurer is hereby authorized and n' i"venhis directed to borrow whatever amount of money is necessary to pay tblatin for. the said certificates, and to give his obligation, as State Treasurer, for the same, and such obligation shall be good and binding on the State, and shall be paid out of any moneys in the Treasury received 88 STATUTES AT LARGE A' D 187. from taxes or from other sources: Provided, further, That no part of said moneys shall be used for payment of any claims issued prior to November 28, 1871. Deficiency SEC. 6. That, for the purpose of meeting the deficiencies in the appropriation legislative appropriations for the regular session of 1870 and 1871, such deficiencies, consisting of unpaid certificates for the per diem and mileage of members and attachees of the General Assembly, the sum of one hundred and thirty thousand dollars be, and the same is hereby, appropriated out of any moneys in the Treasury not otherwise appropriated: Provided, That no obligation of the Treasurer shall be given, and no payment made, exceeding the amount named in the first and sixth Sections of this Act. Approved March 4, 1872. N. 72. AN ACT TO INCORPORATE THE MOUNT ZION M. E. CHURCH, OF KINGSTREE, S. C. SECTION 1. Be 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 authority of the same, That the Mount Zion M. E. Church, of Kingstree, South Carolina, is hereby incorporated, with all the rights and privileges awarded to religious denominations in this State. SEC. 2. That the said church may acquire property, real or perRights and privileges. sonal, for religious and educational purposes, and may dispose, regulate and govern the same as they may deem proper, in accordance with their laws and discipline; such laws not being repugnant to the laws of the land. SEC. 3. This Act shall be deemed a public Act, and shall continue in force until repealed. Approved March 4, 1872. No. 73. AN ACT TO INCORPORATE THE SPARTANBURG FEMALE COLLEGE. SECTION 1. Be 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 authority of the same, That Samuel B. OF SOUTH CAROLINA. 89 Jones, President of Spartanburg Female College, with his asso- A D. 1872. ciates and successors, be, and are hereby, declared a body politic and corporate, by the name and style of the " Spartanburg Female Corporat name. College," located in the town of Spartanburg, South Carolina. SEC. 2. That the said corporation shall have power, in its corpo- Powers. rate name, to sue and be sued, plead and be impleaded, in any Court of law in this State; to purchase and hold real and personal estate; to have a seal, and to make all such by-laws for the government of said corporation as may be deemed necessary, not inconsistent with the laws of the State. SEC. 3. That the said corporation shall have power to elect pro- Professorsfessors for said college; to fill all vacancies as may occur among electionof. them; and to remove them at discretion; to prescribe a course of study to be pursued by the students; to confer degrees and award Course of diplomas, and such other honorary distinctions to graduates as are study, &c. common in the colleges of similar grade in the United States. SEC. 4. That the private as well as the corporate property of the Liability of corporators shall be liable for all debts contracted for the college co by its authorized agents. SEC. 5. That the said corporation shall have power to take and Power to hold, by donation, bequest or purchase, real and personal property, pose of propfor the use of said college, to any amount not exceeding thirty erty. thousand dollars. SEC. 6. That this Act shall continue in force until repealed. Approved March 4,1872. AN ACT TO RE-CHARTER THE TOWN OF FROG LEVEL. No. 74. SECTION 1. Be it enacted by the Senate and House of Representativeg of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the persons Corporators. residing within the area of a square, each side whereof is one (1) mile, and the centre whereof is the public well, in the town of Frog Level, County of Newberry, are hereby created a body cor- Pcharterof porate, under the name of the town of Frog Level, with the officers Meaenng cpon the same in number, and having the same powers and privileges, Frog Level. and subject, in every respect, to the provisions of the charter granted to the town of Manning, by an Act approved the ninth day of March, A. D. 1871. 90 STATUTES AT LARGE A. D. 1872. SEC. 2. That this Act shall be taken and deemed a public Act in all Courts of justice, and shall continue in force until altered, amended or repealed. SEC. 3. That all Acts and parts of Acts inconsistent with this Act be, and the same are hereby, repealed. Approved March 4, 1872. No. 75. AN ACT TO GRANT, RENEW AND AMEND THE CHARTER OF THE VILLAGE OF ROCK HILL, IN THE COUNTY OF YORK. SECTION 1. Be 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 authority of the same, That, from and Corporators. after the passage of this Act, all citizens of this State, having resided twelve months within the State, and sixty days in the village of Rock Hill, shall be deemed, and are hereby declared to be, a body politic and corporate, and the said village shall be called and known by the name of Rock Hill, and its corporate limits shall extend Corporate over an area of a square, each side whereof is one mile, and the limits. centre whereof is "Gordon's Hotel." SEC. 2. That the said village shall be governed by an Intendant Officers. and four Wardens, who shall be citizens of the United States, and who shall have resided in this State twelve months, and shall have been residents of the said village sixty days immediately preceding their election, and who shall be elected on the second Monday of January, 1873, and on the same day in each year thereafter, ten days' public notice thereof being previously given; and that all male inhabitants of the age of twenty-one years, citizens of the Electors. State, and who shall have resided within the State twelve months, and in the said village sixty days immediately preceding their election, shall be entitled to vote for said Intendant and Wardens, paupers and persons under disabilities for crime excepted. SEC. 3. The said election shall be held at some convenient public Election. place in the said village, from 10 o'clock in the morning until 4 o'clock in the afternoon, and, when the polls shall be closed, the Managers shall forthwith count the votes, and declare the election; and give notice thereof, in writing, to the Intendant therein being, who shall, within two days thereafter, give notice, or cause the same to be given, to the persons duly elected. The Intendant and Wardens, before entering upon the duties of their office, shall, respectively, take the oath prescribed by the Constitution of the State, OF SOUTH CAROLINA. 91 and also the following oatlh, to wit: As Intendant (or Warden) A. D.1872. of the village of Rock Hill, I will equally and impartially, to the best of my ability, exercise the trust reposed in me, and will use my eath of ofbest endeavors to preserve the peace, and carry into effect, according to law, the purposes for which I have been elected: So help me God." And if any person, upon being elected Intendant or Warden, shall refuse to act as such, he shall forfeit and pay to the Council the sum of twenty dollars for the use of the said village: Provided, That no person who has attained the age of sixty years shall be compelled to serve in either of said offices; nor shall any other person be compelled to serve, either as an Intendant or Warden, more than one year in any term of three years. The Intendant and Wardens, for the time being, shall'always appoint one or more Boards of Managers, (three Managers for each Board,) to Managers. conduct the election, who, before they open the polls, shall take an oath fairly and impartially to conduct the same. SEC. 4. That, in case a vacancy shall occur in the office of Intendant, or any of the Wardens, by death, resignation, removal, or Vacancies. otherwise, an election to fill such vacancy shall be held by order of the Intendant and Wardens, or a majority of the same, ten days' public notice being previously given; and in case of sickness or temporary absence of the Intendant, the Wardens, forming the Council, shall be empowered to elect one of the number to act as Intendant during the time. SEC. 5. That the Intendant and Wardens, duly elected and quali- Judicial fied, shall, during their term of office, sevrerally and respectively, powers. be vested with all the powers of Trial Justices, (or Justices of the Peace, as the case may be,) in this State, within the limits of said village, except for the trial of small and mean cases; and the Intendant shall and may, as often as is necessary, summon the Wardens to meet in Council, any three of whom, with the Intendant, Rights and shall constitute a quorum to transact business; and they shall be privileges. known as the Town Council of Rock Hill; and they and their successors in office, hereafter to be elected, may have a common seal, which shall be affixed to all of their ordinances; may sue and be sued, plead and be impleaded in any Court of Justice in this State; and purchase, hold, possess and enjoy to them, in perpetuity, or for any term of years, any estate, real or personal, or mixed, and sell, alien or convey the same: Provided, The same shall not exceed, at any one time, the sum of ten thousand dollars; and the said Town Council shall have authority to appoint, from time to time, as they may see fit, such and so many proper persons to act as Marshals or Constables of said village, as said Council may deem necessary and expedient for the preservation of the peace, good order and police 92 STATUTES AT LARGE A D. 1872. thereof, which persons, so appointed, shall, within the corporate ~^^"^ limits of said village, have the power and privileges, and be subject to all the obligations, penalties and regulations provided by law for the office of Constable; and shall be liable to be removed at the eMarsals- pleasure of said Town Council; and the said Town Council shall their powers and duties. have power to establish, or authorize the establishment of, a market Police regu house in said village; also, to authorize the establishment of a guard lations. house, and to prescribe suitable rules and regulations for keeping and governing the same; and the said Town Council, or the said Intendant and Wardens, in person, any one or more of them, may authorize and require any Marshal of the town, or any Constable especially appointed for that purpose, to arrest and commit to the said guard house, for a term not exceeding twenty-four hours, any person or persons who, within the corporate limits of said town, may be engaged in any breach of the peace, riotous or disorderly conduct, open obscenity, public drunkenness, or any conduct grossly indecent or dangerous to the citizens of said town, or any of them; and it shall be the duty of the Town Marshal or Constable to arrest and commit all such offenders, when required to do so; and who shall have power to call to'their assistance the posse comitatus, if need be, to aid in making such arrests; and upon the failure of such officers to perform such duty as required, they shall, severally, be subject to such fines and penalties as the-Town Council may impose upon them; and all persons so imprisoned shall pay the costs and expenses incident to their imprisonment, which said costs and expenses shall be collected in the same manner as is provided for the collection of fines imposed for the violation of ordinances, rules, and regulations: Provided, That such imprisonment shall not exempt the party from the payment of any fine the Council may impose for the offense which he, she or they may have committed; and the said Town Council shall have full power and authority, under their corporate seal, to make all such rules and regulations, by-laws and ordinances, respecting the streets, roads and business thereof, as well as the police system of the said town, as shall appear to them necessary and proper for the security, welfare and convenience of the inhabitants of said town, and for preserving health, order and good government within the said town; and the said Town Council may impose fines for offenses against their by-laws, rules, regulations and ordinances, and appropriate the same to the Attendance public use of said town; and the said Town Council shall have the of witnesses. same power that Trial Justices or Justices of the Peace now have, or may hereafter have, to compel the attendance of witnesses, and requiring them to give evidence upon the trial -before them of any Fines. person or persons for a violation of any of their ordinances, by-laws, OF SOUTH CAROLINA. 93 rules or regulations; but no fine above the sum of twenty-five dol- A. D. 1872. lars shall be collected by said Council, except by suit in the proper Courts of justice in this State, and, also, that nothing herein contained shall authorize said Council to make any ordinance or bylaw inconsistent with or repugnant to the laws of the State. SEC. 6. That said Intendant and Wardens, or a majority of them, shall have power to abate and remove all nuisances in said Nuisances. town; and it shall be their duty to keep all roads, ways, bridges and streets within the corporate limits of said town open and in good repair, and for that purpose they are invested with all the powers of County Commissioners, for and within the corporate limits of the said town; and they may lay out new streets, close up, 5ewstreets alter or widen those now in use; and shall have full power to classify and arrange the inhabitants or citizens of said town liable to street, road or public duty therein, and to force the performance of Street duty such duty, under such penalties as are now, or shall hereafter be, prescribed by law; and they shall have power to compound with all persons liable to work the streets, ways and roads in said town, upon such terms as their ordinances or by-laws may establish, or their rules and regulations may require; the money so received to be applied to the public use of said town; and all persons refusing to labor, or failing to pay suc'h commutation, shall be liable to such fine, not exceeding ten dollars for any one year, as the said Town Council may impose; and they shall have the power to enforce the payment of such fine in the same manner as is now, or may be hereafter, provided for the collection of County taxes. And the said Town Council shall have power, with the consent of the adjacent land owners, to close all such roads, streets and ways, within the said town, as they may deem necessary, by the ssale of the freehold therein, either at private or public sale, as they may adjudge best for the interest of the said town; and they shall keep in repair all such new streets, roads and ways as they may, from time to time, deem necessary for the improvement and convenience of said town: Provided, That no street, road or way shall be opened without first having obtained the consent of the land owner or owners thereof, through, whose premises any such new street, road or'way may pass. SEC. 7. The said Town Council may have power and authority to require all persons owning a lot or lots in said town to close in, and to make and keep in good repair sidewalks in front of said lot or Sidewalks. lots, whenever the same shall front or adjoin any public street,of said town, if, in the judgment of the Council, such sidewalk shall be necessary, the width thereof, and the manner of construction, to be designated and regulated by the said Town Council; and, for de 94 STATUTES AT LARGE A D. 1872. fault or refusal, after reasonable notice, to make and keep in good ^^ repair such sidewalks, and to close such lots, the Town Council may cause the same to be made or put in repair, and require the owner to pay the price of making or repairing; and the said Town Council are hereby empowered to sue for and recover the same by action of debt in any Court of competent jurisdiction: Provided, That such contract for making and repairing is let to the lowest bidder. The cemeteries and public grave yards are also placed under the jurisdiction of the said Town Council. SEC. 8. The Intendant and Wardens of the said town, or a maLicenses. jority of them, shall have full power to grant or refuse license to keep taverns or to retail spirituous liquors within the corporate limits of the said town, upon such conditions, and under such circumstances, as to them shall seem proper and right: Provided, That in no instance shall the price of a license to keep a tavern or to retail spirituous liquors be less than the amount that is established by the State; and all moneys paid for licenses and for fines and forfeitures shall be appropriated for the public use of the said town: Provided, That the Intendant and Wardens, duly elected, shall not have power to grant any license to keep tavern or to retail spirituous liquors to extend beyond the term for which they have been elected. They shall have power to regulate sales at aucSales atauc- tion within the corporate limits of said town, and to grant licenses tion. to auctioneers, itinerant traders, to keepers of hotels and livery stables, and to levy a tax on all drays, carts, wagons, carriages, omnibuses, buggies, horses, mares or mules, kept for hire or used for public purposes in said town; and they shall have the full and Exhibitions. only power to impose a tax on all shows or exhibitions, for gain or reward, within the corporate limits of the said town. They shall have the power to impose a tax, not exceeding twenty cents on every hundred dollars of the value of all real and personal property lying within the corporate limits of the town, real and personal property of churches and school and college associations excepted. That an ordiAnnual tax nance declaring the rates of the annual taxation upon property and ation. other subjects of annual taxation for the year, shall be published at least three weeks, during the month of January in each year: Provided, That the said Town Council shall have power to levy a tax for this year, under the same rule as is above stated, immediately after the passage of this Act; and that all persons liable to taxation under the same shall make oath of their taxable property within said town, and make payment of their taxes to the Clerk or Treasurer of said corporation, or such other person as they may be ordered or required'to do, during the succeeding month after publication; and, upon the failure to make such return and payment OF SOUTH CAROLINA. 95 as required, the parties so in default shall be subject to the penal- A. D. 1872. ties provided by law for failure to pay the general State anid County tax, to be enforced by the orders of the Intendant and Wardens, or a majority of them, for the use of the said town, except in such cases that executions to enforce the payment of such taxes shall be issued under the seal of the corporation, and may be directed to the Town Marshal, or other person appointed by the Town Council, to levy, collect and receive the same, with costs, as in such cases made and provided bylaw; and all property upon which such tax shall be levied and assessed is hereby declared and made liable for payment thereof, in preference to all other debts, except debts due to the State, which shall be first paid; and that all other taxes imposed by the Intendant and Wardens, or a majority of them, shall be liable for the same, as in manner and form just before stated. SEC. 9. The Intendant and Wardens elect, together with Clerk and'Treasurer, shall, during their term of office, be exempt from street and police duty. Each Town Council shall, within one Final settle-. month after the expiration of their term of office, make out and meit" return to their successors in office a full account of their receipts and expenditures during their term, which account shall be published in one or more papers of the town, and shall pay over all moneys in their possession belonging to the corporation, and deliver up all books, records and other papers incident to their office to their successors; and on failure to do so they shall be liable to be fined in a sum not exceeding five hundred dollars, to be collected by any proper action of the Town Council. SEC. 10. That all ordinances or by-laws passed by the Town Council of Rock Itill shall be binding upon the citizens of said town, the same as the laws of the State. SEC. 11. All Acts or parts of Acts inconsistent or supplied by this Act be, and the same are hereby, repealed. SEC. 12. This Act shall be deemed a public Act, and continue in force for the term of fourteen years, and until the end of the Legislature thereafter. Approved March 4, 1872. AN ACT AUTHORIZING T TETOWN COUNCIL OF THE TOWN OF N. 76. NEWBERRY TO ERECT A MARKET HOUSE ON A LOT OF LAND BELONGING TO THE COUNTY OF NEWBERRY. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, 96 STATUTES AT LARGE A. D 1872. and by the authority of the same, That the Town Council of the town of Newberry are hereby authorized and empowered to erect a Market Market House in said town, upon a lot of land which is partly house. - attached to and lying near the public square in said town, and belonging to the County of Newberry; which lot shall be given for such purpose to said Town Council, and their successors in office, free of rent or charge. And said Town Council, and their successors in office, shall have power and authority to remove such Market House whenever, in their opinion, the same may be deemed necessary and expedient. Approved March 4, 1872. No. 77. AN ACT TO AMEND AX ACT ENTITLED "AN ACT TO ESTABLISH QUARANTINE AT GEORGETOWN, CHARLESTON AND HILTON HEAD." SECTION 1. Be it enacted by the Senate and Houso, of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That so much of Repealing Section 1 of an Act entitled " An Act to establish quarantine at clause. Georgetown, Charleston and Hilton Head," approved the 26th day of September, A. D. 1868, as provides that the anchorage ground for vessels in quarantine, Port of Hilton Head, shall be where it has heretofore been, is hereby repealed. Anchorage- SEC. 2. That said anchorage shall be, and the same is hereby, where located and how de- located at some point on the north side of Parris Island, to be designatel. signated by buoys, anchored under the direction of the Health Officers of that port. Quarantine SEC. 3. That a quarantine station shall be established at Saint litatdh e st Helena Sound, (covering the sound and adjacent rivers,) with anHelena Sound chorage ground for vessels where it has heretofore been, and that a Health Off- Health Officer for said station shall be appointed by the Governor, cer. who shall hold his offce for a term of two years, unless sooner removed, with the same compensation now allowed the Health. Officers of Georgetown and Hilton Head. Penalty for SEC. 4. If any person or persons employed upon any vessel, railtransporting road, express, or other conveyance, shall receive and convey any feteagiOith person affected with any contagious or infectious disease, or shall disease to any receive and transport any dead body to any of the cities or towns located upon the coast of this State, without permission from the Health Officer of the port of Charleston, between the first day of OF SOUTH CAROLINA. 97 April and the first day of December, such person or persons shall A. D. 1872 be deemed guilty of a misdemeanor; and, upon conviction, shall be punished by a fine not exceeding one thousand dollars, or imprisonment for a term not exceeding one year. SEC. 5. All permits issued by Health Officer shall be at the ex- Permits-at whose expense of the vessel or conveyance to which such permits may be pense. issued, and shall be'collected by the Health Officer issuing the same. SEC. 6. That so much of Section 29 as requires the Health Report of Officers of Georgetown and Hilton Head to report their doings to Heallh Offi. cers. the Governor, at the end of each month, is hereby repealed; and that the said officers, together with any and all other Health Officers who may be appointed subsequent to the passage of this Act, shall report the same, at the end of each month, to the Health Officer of the port of Charleston, whose duty it Shall be to forward a consolidated report of the doings of such officers to the Governor of the State monthly and the Legislature annually. Approved March 4, 1872. AN ACT TO AMEND AN ACT ENTITLED " AN ACT TO EXTEND NO. 78. THE LIMITS OF THE TOWN OF CAMDEN." SECTION 1. Be 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 authority of the same, That an Act entitled "An, Act to extend the limits of the town of Camden," approved March 9, 1871, be, and the same is hereby, amended by striking out Section 1, and substituting the following: That the limits of the town of Camden be, and the same are Limits of town extend. hereby, extended as follows, to wit: The western boundary shall ed. x commence at the junction of Wylie street with Mulberry street, and shall extend northward, along the line of said Wylie street, threefourths of a mile beyond the present terminus of said street, and from this point the northern boundary shall extend in an eastern direction until it intersects Horse Branch, and thence, by course of said stream, to the point where it empties into Little Pine Tree Creek, and by the course of said creek, in a southern direction, to the confluence of said creek into Pine Tree Creek, and thence, by the course of the last named creek, to a point opposite Miulberry street, thence westward until it reaches said street, and continue along the line of said street to its junction with Wylie street." 7 98 STATUTES AT LARGE A. D. 1872 SEC. 2. That the Intendant and Wardens of the town of Camden Inendant are hereby required to proceed, immediately upon the passage of and Wardens this Act, to designate, by proper marks and monuments, the bounto designate' m boundaries. daries hereinbefore authorized. SEC. 3. That all Acts or parts of Acts inconsistent with the provisions of this Act be, and the same are hereby, repealed. Approved March 4, 1872. No. 79. AN ACT TO INCORPORATE THE TOWN OF MULLINS, IN MARION COUNTY, STATE OF SOUTH CAROLINA. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in Corporators. General Assembly, and by the authority of the same, That from and after the passage of this Act, all citizens of this State, having resided sixty days in the town of Mullins, shall be deemed, and are hereby declared to be, a body politic and corporate, and the said Corporate town shall be called and known by the name of Mullins, and its limits. corporate limits shall extend half a mile north, one'quarter of a mile east and west, and one-third of a mile south, from a stake which shall be in the centre or square of said town. Officers of SEC. 2. That the said town shall be governed by an Intendant town. and four Wardens, who shall be citizens of the United States, and who shall have been residents of the said town for sixty days immediately preceding their election, and who shall be elected within thirty days after the passage of this Act, and every year thereafter on the second Monday in January, ten days' public notice thereof Electors. being previously given; and that all male inhabitants of the age of twenty-one years, citizens of the State, and who shall have resided in the said town for sixty days immediately preceding the election, shall be entitled to vote for said Intendant and Wardens. Election. SEC. 3. That the election for Intendant and Wardens of the said town shall be held in some convenient house, or some other convenient public place, in the said town, from nine o'clock in the morning until four o'clock in the afternoon, and, when the polls shall be closed, the Managers shall forthwith count the votes and proclaim the election, and give notice, in writing, to the persons elected. The Intendant and Wardens shall appoint three Managers to hold the ensuing and any subsequent election. The Managers, in each Managers thereof. case, shall, before they open the polls for said election, take an oath fairly and impartially to conduct the same; and that the Intendant OF SOUTH CAROLINA. 99 and Wardens, before entering upon the duties of their respective A. D0 1872. offices, shall take the oath prescribed by the Constitution of this State, and, also, the following oath, to wit: " As Intendant (or War- foth of ofden) of the town of Mullins, I will equally and impartially, to the best of my ability, exercise the trust reposed in me, and I will use my best endeavors to preserve the peace, and carry into effect, according to law, the purposes for which I have been elected: So help me God." The said Intendant and Wardens shall hold their offices from the time of their election until the second Monday in January, ensuing, and until their successors shall be elected and qualified. SEC. 4. That in case a vacancy shall occur in the office of In- Vacanciestendant, or any ofthe Wardens, by death, resignation, removal or otherwise, an election to fill such vacancy shall be held, by order of the Intendant and Wardens, or a majority of the same, ten days' public noti6e being previously given; and, in case of sickness or temporary absence of the Intendant, the Wardens, forming the Council, shall be empowered to elect one of the number to act as Intendant during the time. SEC. 5. That the Intendant and Wardens, duly elected and quali- Juclicialpowfied, shall, during their term of service, severally and respectively, er be vested with all the jurisdiction of Magistrates or Trial Justices within the limits of said town, and the Intendant shall and may, as often as he may deeni necessary, summon the Wardens to meet in Council, any two of whom, with the Intendant, may constitute a quorum to transact business; and they shall be known by the name of the Town Council of Mullins, and they, and their successors hereafter to be elected, may have a common seal, which shall be affixed to all ordinances; anid the said Town Council shall have authority to appoint, from time to time, as they see fit, such and so many proper persons to act as Marshals or Constables of the said town as the said Town Marshilstheir powers Council may deem necessary and expedient for the preservation of the and duties. peace, good order and police thereof, which persons, so appointed, shall, within the corporate limits of said town, have the powers, privileges -and emoluments, and be subject to all the obligations provided by law for the office of Constable, and shall be liable to be removed at the pleasure of said Council; and the said Town Council shall have power to establish, or authorize the establishment of, the market house, as also of a guard house in said town. And the said Town Council shall have full power and authority, under their corporate seal, to make all such rules, by-laws and or- Rules and. dinances, respecting the streets, roads, market house, public build- by-law. ings, and the business thereof, and the police system of said town, as shall appear to them necessary a.nd proper for security, welfare and convenience, and for preserving health, order and good govern 100 STATUTES AT LARGE.D 187'2. ment within the same; and the said Town Council may impose fines for offenses against their by-laws and ordinances, and appropriate the same to the public use of said town; and the said Town Council shall have the same power which Magistrates or Trial JusAttendance tices now have to compel the attendance of witnesses, and require of witnesses. them to give evidence upon the trial before them of any person for a violation of any of their by-laws or ordinances; but no fine above the sum of twenty dollars shall be collected by the Town Council, except by suit in the Court of Common Pleas; and all the by-laws, rules and ordinances the said Town Council may make, shall, at all times, be subject to revisal or repeal by the General Assembly of this State. Nuisances. SEC. 6. That the said Intendant and Wardens shall have full power to abate and remove nuisances in the said town; and it shall also be their duty to keep all roads, ways and streets within the corporate limits of the said town open and in good repair, and for that purpose they are invested with all the powers heretofore granted to Commissioners of Roads; and shall have full power to classify and arrange the inhabitants of said town, liable to street, road or Road duty. other public duty therein, and to force the performance of such duty, under such penalties as are now, or shall hereafter be, prescribed by law: Provided, That the said Town Council may comComm utation. pound with persons liable to perform such duty, upon such terms, and on the payment of such sums as may be established by laws or ordinances: And provided, also, That the inhabitants of said town are hereby exempt from road and public duty without the corporate limits of said town. Sidewalks. SEC. 7.. That said Town Council of Mullins shall have full power and authority to require all persons owning a lot or lots in said town to make and keep in good repair sidewalks in front of said lot or lots, whenever the same shall front or adjoin any of the public streets of said town, if, in the judgment of the Council, such sidewalks siall be necessary, the width thereof, and the manner of construction,' to be designated and regulated by the Town Council; and for default or refusal, after reasonable notice, to make and keep in repair such sidewalks, the Town Council may cause the same to be made or put in repair, and require the owner to pay the price of making and repairing: Provided,.That such contracts for Graveyards, making or repairing be let to the lowest bidder. The cemeteries and public graveyards are also placed under the jurisdiction of said Town Council. Licenses. SEC. 8. That the power to grant or refuse licenses to keep tavern or retail spirituous liquors within the limits of the said corporation be, and ile same are hereby, vested in the Town Council of Mul OF SOUTH CAROLINA. 101 lins. And the said Council may grant licenses to retail spirituous A. D. 1872. liquors to such persons, and in such quantities, at such rates, and upon such terms and conditions, as the said Council may deem best and proper: Provided, That in no instance shall the price of a Proviso. license to keep tavern or to retail spirituous liquors be fixed at a less sum than is established by the Laws of the State; and all moneys paid for licenses, and for fines and forfeitures f'r retailing spirituous liquors, keeping tavern and billiard tables within the limits without licenses, shall be appropriated to the public uses of said town: Provided, That the Intendant and Wardens, duly elected and qualified, shall not have power to grant any license to keep tavern or retail spirituous liquors to extend beyond the term for which they have been elected; and the said Intendant and Wardens shall have the full and only power to impose a tax on all Exhibitions. shows or exhibitions, for gain or reward, within the limits. SEC. 9. That the said Town Council of Mullins shall have power Power to arto arrest and commit to jail, and to fine, not exceeding twenty dol- et.and comlars, any person or persons who shall be guilty of disorderly conduct in said town, to the annoyance of the citizens thereof; and it shall be the duty of the Marshal or Constable of the town to make such arrest, and call to his assistance the posse comita-us, if necessary; and, upon failure to perform such duty, he shall be fined in a sum not more than twenty dollars for each and every offense. SEC. 10. The Town Council shall also have power to impose an Annual taxannual tax, not exceeding twenty cents on every hundred dollars of ation. the assessed value of real and personal estate lying within the corporate limits of said town, the real and personal estate of school associations excepted. The said Council shall have power to enforce the payment of all taxes levied under authority of this Act, against the property and person of all defaulters, to the same extent, and in the same manner, as is provided by law for the collection of the general taxes, except that executions to enforce the payment of the town taxes shall be issued under the seal of the corporation, and Executionsdirected to the Town Marshal, or other person especially appointed ow eforced. bv the Town Council to collect the same; and all property upon which a tax shall be levied is hereby declared and made liable for the payment thereof, in preference to all other debts against said property, except debts due to the State, which shall be first paid. SEC. 11. The Clerk of the said Town'Council shall, annually, make out an assessment from the books of the County Auditor or seseAnn a Treasurer of all real and personal property in the limits of said town for taxation, and shall make return of said assessment to the Intendant and Wardens within one month from the time of his appointment. 102 STATUTES AT LARGE A'. D. 172. SEC. 12. That an ordinance declaring the rate.of annual taxation ublication upon property, and other subjects of annual taxation for the year, of.aste of an- shall be published at least twice ur the month of November in nual taxation. ri each year, and the citizens of said town shall make payment of their tax to the Clerk and Treasurer (hereinafter constituted) of the said corporation during the succeeding month of December.,Clerk —his SEC. 13. The Intendant and Wardens shall have power to elect Powers and duties. or appoint a Clerk, who shall also be Treasurer, whose duty it shall be to attend all meetings of the Council, and male a record, in a book kept for that purpose, of all the proceedings thereof; to take charge of all papers belonging to the Council, and to lodge with the proper officers all summons, executions, etc., and receive returns, to keep a regular account of all receipts and disbursements, which accounts shall, at all times, be accessible to the Intendant and Wardens; and it shall be his duty to make an official semi-annual report to the Council of the state of his accounts, at which time the doors of the Council room shall be open to all the citizens of said town; and which reports shall be regularly entered in a book kept for that purpose. He shall attend to the publication of all ordinances and other documents ordered by Council to. be published. He shall hold his office for such term as Council may prescribe, not, however, exceeding one year, and shall receive such compensation for his ser-' Removable vices as Council may enact: Provided, That he may be removed at pleasure. from his office at the pleasure of the said Town Council; and, before entering upon the duties of his office, he shall give bond,;n the penal sum of five hundred dollars, for the faithful discharge of the same. Final settle- SEC. 14. Each Town Council shall, within one month after the men t. expiration of their term of office, make out and return to their successors a full account of their receipts and expenditures during their term, and shall pay over all moneys in their possession belonging to the corporation, and deliver up all books,-records and papers incidental to their office to their. successors; and, on failure to do so, they shall be liable to be fined in a sum not exceeding one hundred dollars, to be collected in any proper action by the Town Council. ew streets. SEC. 15. That said Town Council shall have power to lay out and arrange all streets and roads within said corporate limits, as the public good may require: Provided, The land of no party or parties shall be taken or appropriated for such purposes without compensation, as now required by the law for condemned lands. Tax for 172 SEC. 16. That the Town Council shall have power to levy a town tax on all assessed property within the,-limits of said town for the OF SOUTH CAROLINA. 103 year 1872, immediately after the passage of this Act, and proceed A D. 172. to collect the tax thereon the following month. Approved March 4, 1872. AN ACT TO INCORPORATE THE CHARLESTON JOINT STOCK COM- No. 80. PANY, OF THE STATE OF SOUTH CAROLINA, FOR THE BENEFIT OF THE STATE ORPHAN ASYLUM. SECTION 1. Be 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 authority of the same, That G. W. Corporators. Rouse, A. A. Aspinwall, Robert Smalls, Joseph Brown, Thomas B. King, John L. Little, Charles W. Sumner, David Green, Lewis Wilson, Jesse Bowsher, Stephle J. Maxwell, Lucius Wimbush, Thomas H. Blackwell, O. R. Levy, Chapman B. Thomas, James W. Elmore, Y. Sands, John Douglass, Benjamin Simons, James Gregory, and such other persons as may now, or hereafter, be associated with them, are hereby made and declared to be a body politic and corporate, under the name and style of the Charleston Joint corporate Stock Company, of the State of South Carolina, or such other name tte. as they may now or hereafter assume. SEC. 2. That all the rights of corporations, known as banks, be, Powers,priv and the same are hereby, vested in said company, for the purpose of ileges and imloaning outmoney on interest, purchasing and mortgaging real estate, buying personal property, and they shall have the same rights and privileges now enjoyed by the banking institutions of this State; they shall, also, have the right to dispose of any and all property, such as real estate and personal or mixed, that they may become possessed of, in any manner, and on such conditions as the said company may see fit and proper to the advantage of said company, and to promote the interest of the said Orphan Asylum. SEC..3. That, before commencing business under the provisions of License fee this Act, the said Company shall pay, or cause to be paid into the for benefit of hands of the State Treasurer, the sum of two thousand (2,000) dol- lum" lars, to be used for the benefit of the State Orphan Asylum of South Carolina, and, annually thereafter, a like amount for the term of ten years, or so long as the said company shall choose to continue to do business, it being understood and agreed that said payment of two thousand dollars per annum by said company is the consideration upon which the privileges of incorporation herein is granted; and whenever said company shall fail to pay said consideration, then their rights to transact business shall cease. 104 STATUTES AT LARGE A. D. 1872. SEC. 4. That this company, incorporated and established by this Agencies Act, shall have full power, and are hereby authorized, to establish agencies throughout the State. SEC. 5. That this Act shall be of force immediately on and after its passage. OFFICE SECRETARY OF STATE, COLUMBIA, S. C., March 5, 1872. This Act, having been presented to the Governor of this State for his approval, and not having been returned by him to that branch of the General Assembly in which it originated within the time prescribed by the Constitution, has become a law without his approval. (Signed) F. L. CARDOZO, Secretary of State. No. 81. AN ACT TO PROVIDE FOR THE APPOINTMENT OF AN INSPECTOR OF PHOSPHATES, AND TO DECLARE HIS DUTIES. Inspector of SECTION 1. Be it enacted by the Senate and House of RepresenPhophates. tatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, Th' t the Governor be, and he is hereby, authorized to appoint, by and with the advice and consent of the Senate, a competent person to the office of Inspector of Phosphates, who shall reside and have his office in the city of Charleston, and shall hold his office for two years. Monthly Re- SEC. 2. That it shall be the duty of all companies or individuals ports to be made to In- who are, or may be, authorized by law to dig, mine or excavate spector. such phosphate rocks and phosphatic deposits from the beds of the navigable waters or streams within the jurisdiction of the State, to report to the Inspector of Phosphates, monthly, the quantity of such rock and deposit dug, mined and excavated, and whether the same be on hand, awaiting removal, or if it has been moved, or is being moved, to furnish a copy of the bill or bills of lading, which reports shall be verified by the oath of the person making the same. And it shall be the duty of all captains of vessels and railroad officials to furnish to the Inspector of Phosphates duplicates of all bills of lading of all cargoes of such rock and deposit with which their vessels or cars may be freighted, for export from this OF SOUTH CAROLINA. 105 State, or for transportation within this State. And, to the end that A. D 1872. the said Inspector of Phosphates may be enabled to verify the re- ports of the quantity of such rocks and deposits which have been, or may be, dug, mined, excavated and removed, he shall, at all times, have and be allowed free and uninterrupted access to all Inspector allowed free places where such rocks and deposits are dug, mined or excavated, access to all and to all warehouses, or open or enclosed places where such rocks &c. and deposits are stored, and to all vessels, railroad cars, or conveyances in or by which such rocks and deposits are being removed. SEC. 3. That the said Inspector of Phosphates shall report to the Inspector to Auditor of the State,-monthly, the amount of phosphatic rock and reportmonthphosphatic deposits which he shall asceitain to have been dug, Auditor. mined, excavated or removed from the navigable streams or waters of this State, by what company or persons the same was dug, mined and excavated, by what vessel or other mode of transportation the same was removed, with such other particulars as may enable the State Auditor correctly to ascertain whether the amounts due to the State therefor have been paid, and, if not, who is accountable for the same. SEC. 4. That hereafter it shall not be lawful to sell in this No fertiliState, or to expose to sale, any guano or other commercial fertilizers, zersto be sold unless inwhether.the same have been manufactured in this State or else- spected, analyzed and where, unless the same shall have been first examined, inspected, marked. analyzed and marked by the Inspector of Phosphates. And it shall be the duty of all persons bringing into this State, for sale, any guanos or fertilizers, or manufacturing in this State, for sale, any such fertilizers, to furnish to the Inspector of Phosphates a formula representing the average contents of each fifty tons of the same, and to cause the same, or as many packages thereof as may be necessary to make a correct average sample of the whole, to be Samples. examined and inspected. And it shall be the duty of the Inspector to examine and analyze all such samples of guanos, and other fertilizers, and if found to agree with the formula thereof required to be furnished, as above, and as published to the public, to mark or brand each package thereof; but if the same, upon analysis, Each package to be shall not conform to the formula so furnished and published, the marked. Inspector shall not brand or mark the same, and it shall be unlawful for the holder, or owner thereof, to sell the same. SEC. 5. That, to carry into effect the purposes of the foregoing Free access Section of this Act, the Inspector of Phosphates shall, at all times, to al1 vessels, have, and be allowed, free and uninterrupted access to all vessels, cars, warehouses, manufactories and storehouses where such fertilizers are, or are supposed to be, and to take samples thereof. And it shall be the duty of all captains of vessels, or other carriers, or 106 STATUTES AT LARGE A D. 1872. persons bringing such fertilizers into the State, to report the same to the Inspector of Phosphates immediately upon arrival; and it shall be the duty of all manufacturers of such fertilizers in this State to report to the said Inspector all quantities manufactured for sale. Penalty for SEC. 6. That any person who shall counterfeit the brand of said counterfedil Inspector, or shall repack any package previously marked or Inspector, branded by said Inspector, shall, on conviction thereof, be fined for each and every offense the sum of one hundred dollars. Appointment SEC. 7. That in case of the sickness or temporary absence of the of eputies. Inspector, or if the convenient dispatch of the duties of his office shall require the same, the said Inspector is hereby authorized to appoint a deputy, one or more. Fees of In- SEC. 8. That for his compensation for the inspection and brandspector. ing of fertilizers, the said Inspsctor shall be entitled to charge twenty-five cents for each ton so inspected and branded, the same to be paid by the owner, agent or manufacturer, and which shall be collectable of and from the person having the same in charge; and for his compensation for the examination of. the phosphatic rock and phosphatic deposit dug, mined, excavated and removed from the beds of the navigable waters and streams of the State, he shall be paid, from the State Treasury, seven and a half cents per centu rn on all amounts paid to the State as royalty for the privilege of so digging, mining, excavating and removing such rocks and deposits. And the said Inspector is hereby authorized to require conformity Tnspecfe r to make certain with all regulations which shall be by him made, with the approval rults, &C. of the State Auditor, and which shall be reasonable and proper to enable the said Inspector to carry out the purposes of this Act, and should the office of State Auditor be abolished, the duties herein required of him, and the reports required to be made to him, shall be exerciser by, and the reports be made to, the Comptroller General. Penalty. SEC. 9. That any person or company, who shall violate the provisions of this Act, shall, upon conviction, be liable to the same penalty as provided in Section 10 of this Act. Inspec'or to SEC. 10. That said Inspector of Phosphates shall, before entering give bond upon the duties of his office, furnish a bond, in good and sufficient sureties, in the penal sum of ten thousand dollars, for the faithful performance of his duties; and if the Inspector of Phosphates, or his Deputies, or any of them, shall be guilty of fraud, or shall negPenalty for lect or refuse to perform the duties of their office, they shall be dty'.t f liable to a fine of not less than one hundred dollars, nor more than ten thousand, and to imprisonment for the term of not less than three months, nor more than five years, one or both, within the discretion of the Court. OF SOUTH CAROLINA. 107 SEC. 11. All Acts, or parts of Acts, inconsistent with the provi- A. D 1872. sions of this Act, are hereby repealed. Approved March 6, 1872. AN ACT TO INCORPORATE THE ANDERSON FARMERS' AND NO. 82. MECHANICS' ASSOCIATION. SECTION 1. Be 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 authority of the same, That B. F. Crayton, J. W. Norris, D. M. Watson, W. J. Ligon, B. F. Whitner and W. W. Humphries, and their successors in office and associates, be, and they are hereby declared to be, a body politic and corporate, under the name and style of the "Anderson Farm- Corporate name. ers' and Mechanics' Association." SEC. 2. That the said corporation, by its corporate name afore- Powers and said, shall have succession of officers and members, to be chosen privileges according to the rules and by-laws made, and to be made, for its government and direction; shall have power to make by-laws, not repugnant to the laws of the land; to make, have and use a common seal, and the same to alter at will; to sue and be sued, plead and be impleaded, in the Courts of the State; to purchase, hold and enjoy any lands, tenements or hereditaments, goods or chattels, which may be necessary, connected with, orconducive to, the objects of said association, and the same to alien and convey at pleasure. SEC. 3. That this Act shall be deemed a public Act, and continue in force until repealed. Approved March 9, 1872. AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A NEW COURT NO 83. HOUSE IN AND FOR THE COUNTY OF RICHLAND. SECTION 1. Be 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 authority of the same, That the County county Comrn missioners Commissioners of Richland'County are hereby directed, authorized authorized to and empoered to sell and vey the hole of that lotin the ity a certain and empowered to sell and convey the whole of that lot'in the city lot. 108 STATUTES AT LARGE. D. 1872. of Columbia, on the corner of Richardson and Washington streets, w~ "whereon was foimprly situated the Court House of said County. The said.sale to be made at public outcry, to the highest bidder, at such time or times, on such terms, and in such parcels, as the said Commissioners shall think proper, after advertisement thereof for at least Price of lot thirty days: Provided, Said lot shall not be sold for less than one perfootixe(t. hundred (100) dollars per foot; said measuretnent to be made on the streets bounding the same, and that all the proceeds, over and Disposition above the amount of purchase of a new site, shall be deposited in of surplus the Treasury of the County, and shall be drawn out on the warrant money. of the Commissioners: Provided, That not more than one-half of the One-half of above deposit shall be drawn or paid until the Court House is comsurplus only to be drawn pleted, and received by the County Commissioners as being combefore corn-' pletion. pleted according to contract. SEC. 2. That the said Commissioners are further directed, authorPurchase of. site for new ized and empowered to purchase or accept a suitable site for a new Court House. Court House, in the city of Columbia and to take the titles therefor, executed to the State of South Carolina, to and for the use of said County. Authorized SEC. 3. That the said Commissioners are further directed, authorto erect a new Court House; ized and empowered to build and erect a new Court House upon the site selected, as provided in Section 2 of this Act; and that the contract for the erection of such building shall not be binding or Cwhomap- valid until approved by the Circuit Judge of the Fifth Judicial proved. Circuit, and the Clerk of the Court of CQmmon Pleas for Richland County. Approved March 9,1872. No. 84. AN ACT TO CHARTER THE RALEIGH, COLUMBIA AND AUGUSTA AIR-LINE RAILROAD COMPANY. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in GenePurpose of ral Assembly, and by the authority of the same, That for the corporation. corpo n purpose of building and establishing an air-line railroad from some point near the city of Augusta, Georgia, within the limits of this State, by way of the city of Columbia, Chesterfield, Cheraw and Marlboro, to some point on the dividing line between this State and the State of North Carolina, to be determined by the corporators Corporators. hereinafter named, that a charter, witi the rights and privileges incidental to the same, be, and is hereby, granted to, and vested in, OF SOUTH CAROLINA. 109 Charles Adams, John Smith, Thomas Steers, August Brennicke, A. D 1872. John T. Lee, Edward Allen, Phillip Heller, M. D. Stone, Lewis Wilson, I. T. Owens, R. L. Jones, Thomas Sands, James Harvey, I. B. Allen, Amos Miles, David J. Hanks, and their associates or assigns; and when a company shall be formed, in compliance with the conditions herein prescribed, it shall be known by the name of Corporate the Raleigh, Columbia and Augusta Air-Line Railroad Company, name. and shall have a corporate existence as a body politic in perpetuity. SEC. 2. That the capital stock of said company shall be two mil- Capital stock. lion dollars, in shares of twenty dollars each; and, in order to raise the said capital stock, it shall be lawful to open books of sub- Books of scription in such places and at such times as may be deemed for subscription. the best interests of the corporation, under the direction of the corporators; the time and places for receiving such subscriptions to be determined by a majority of the corporators; but should such a majority fail to fix such times and places, then such times and places may be fixed by any four of the corporators hereinbefore named, having given due notice of the same in any newspaper or newspapers of the State; and the subscription books shall be kept open for twenty days from such times and at such places as said corporators may determine; that on each share of stock subscribed the said subscribers shall pay two dollars to the corporators, who shall deposit the same in some National or State bank. When one hun- Not dred thousand dollars shall have been subscribed, the said corpora- meeting and organization. tors, or any four of them, shall give notice, by publication for at least ten days, of the time and place of meeting for organization.. SEC. 3. Whenever the said sum of one hundred thousand dollars Invested with shall have been subscribed, the subscribers, their executors, admin- rights, c, istrators and assigns, shall be, and they are hereby declared to be, upon the Northeastern incorporated into a company, and shall have all the rights and Railroad Co. privileges conferred upon the Northeastern Railroad Company: Provided, however, That nothing herein contained shall be so construed as to exempt the said company from the payment of taxes: And provided, further, That this Act shall not be construed so as to bind the State to endorse, guarantee or aid said road. SEC. 4. That the said company shall have the right to build Empowered bridges across navigable rivers: Provided, They shall put in good topbuild and sufficient draws, and shall construct necessary stations and b, turn-outs, with one or more tracks to the road, with such gauge as said company shall determine, and with full power to construct such branches, and- make such connections with other roads, as they may determine, at their discretion: Provided, That the said road Time forcomshallbe commenced within three years, and completed within ten completing years after the passage of this Act, or the charter thereof shall be roa limited. 110 STATUTES AT LARGE. D. 1872. forfeited: And provided, further, That the said road shall be sub^""""" ject to the provisions of an Act entitled " An Act to declare the manner by which the lands, or right of way over the lands, of persons or corporations may be taken for the construction and uses of railways, and other works of internal improvement," ratified September 22, 1868. SEC. 5. This Act shall be deemed a public Act, and continue in force for ninety-nine years. Approved March 9, 1872. NO. 84. AN ACT TO INCORPORATE THE CAROLINA LIGHT INFANTRY, OF CHARLESTON, S. C. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in GeneCorporators. ral Assembly, and by the authority of the same, That H. C. Minott, J. A. Williams, Robert Howard, Jr., and their associates and successors, are hereby made and created a body politic and corporate, Corporate under the name and style of the "Carolina Light Infantry, of name. Charleston." owers a SEC. 2. That the said corporation hereby created and established privileges. shall have succession of officers and members, according to its bylaws, and shall have power to make by-laws, not repugnant to the laws of the land; and to have, use and keep a common seal, and the same to alter at will; to sue and be sued in any Court in this State; and to have and enjoy every right, power and privilege incident to such corporation; and it is hereby empowered to take, hold, retain, possess and enjoy all such property, real and personal, as may be given, bequeathed or devised to it, or may be in any manner whatsoever acquired by the said corporation: Provided, The amount so held shall not exceed the sum of ten thousand dollars. SEC. 3. That this Act shall continue in force for the space of twenty years; and the same shall be taken and deemed a public Act. Approved March 9, 1872. OF SOUTH CAROLINA. 111 AN ACT TO AMEND THE CHARTER OF THE TOWN OF LANCASTER. A. D. 1872. SECTION 1. Be it enacted by the Senate and House of Represen- No. 85. tatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of,the same, That, from Corporators. and after the passage of this Act, all citizens of this State, having resided sixty days in the Town of Lancaster, shall be deemed, and are hereby declared to be, a body politic and corporate, and the said town shall be called and known by the name of Lancaster, and its Corporate corporate limits shall extend one mile in each direction from limits. the court house in said town. SEC. 2. That the said town shall be governed by an Intendant and four Wardens, who shall be citizens of the United States, and shall have been residents of the sail town for sixty days immediately preceding their election, who shall be elected on the second Monday in April, in every year, ten days' public notice thereof being previously given, and that all male inhabitants twenty-one e (21) years of age, citizens of the State, and who shall have resided in the said town for sixty days immediately preceding the election shall be entitled to vote for said Intendant and Wardens. SEC. 3. That the election for Intendant and Wardens of said Election. town shall he held in the court house, or some other place convenient, in the,said town, from eight o'clock in the morning until five o'clock in the afternoon; and, when the polls shall be closed, the Managers shall forthwith count the votes, and proclaim the election, and give notice, in writing, to the persons elected. The Chairman of the Board of County Commissioners shall appoint three'Managers to Managers. hold the ensuing and every subsequent election. The Managers, in each case, before they open the polls for said election, shall take an oath fairly and impartially to conduct the same. And the Intendant and Wardens, before entering on the duties of their respective offices, shall take the oath prescribed by the Constitution of this State, and, also, the following oath, to wit: "As Intendant (or Warden) of the town of Oath of ofice. Lancaster, I will equally and impartially, to the best of my ability, exercise the trust reposed in me, and will use my best endeavors to preserve the peace and to carry into effect, according to law, the purposes for which I have been elected: So help me God." The said Intendant and Wardens shall hold their offices from the time of their election until the first Monday in April ensuing, and until their successors shall be elected and qualified. SEC. 4. That the said Town Council of Lancaster shall have Power toarpower to arrest and commit to jail, for a space of time not exceed- rest tand o" - ing twelve hours, and to fine not exceeding twenty (20) dollars, any 112 STATUTES AT LARGE A. D. 1872. person or persons who shall be guilty of disorderly conduct in said town, to the annoyance of citizens thereof. SEC. 5. That this Act shall be deemed a public Act, and continue in force until repealed. Approved March 9, 1872. No. 86. AN ACT TO INCORPORATE THE JOURNEYMEN MECHANICS' UNION, OF CHABLESTON, S. C. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now m!et and sitting in Gencorporators. eral Assembly, and by theauthority of the same, That John Byrnes, W. H. Berney, J. W. Miller, G. M. Magrath, J. P. Howard, Isaac Reed, and such other persons as may now, or hereafter shall be, associated with them, are hereby made and declared to be a body corporate politic and corporate, by the name and style of the Journeymen nare. Mechanics' Union, of Charleston, SEC. 2. That the association aforesaid shall have succession of Powers and privileges. officers and members, according to its by-laws, and shall have power to make by-laws, not repugnant to the laws of the land, and to have, use and keep a common seal, and the same to alter at will; to sue and be sued, and plead and be impleaded, in any Court in this State. It is hereby empowered to retain, possess and enjoy all such property, real and personal, as it may possess, or be entitled to, or which shall hereafter be given, bequeathed to, or in any manner acquired by it, and to sell; alien or transfer the same. SEc. 3. That this Act shall be a public Act, and continue in force for the term of twelve years from the date of its ratification. Approved March 9, 1872. No. 87. AN ACT TO INCOPORATE THE DEUTSCHER BRUDERLICHER BUND, OF THE CITY OF CHARLESTON. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now mqt and sitting in Genecorporators. ral Assembly, and by the authority of the same, That D. Werner, J. H. Linsebrink, J. C. H. Claussen, A. Nimitz, J. H. Heeseman and C. G. Ducker, and their associates and successors, be, and they are OF SOUTH CAROLINA. 113 hereby, created a body politic and corporate, under the name and A. D. 1872. style of the " Deutscher Bruderlicher Bund," of the city of Charles- ~" ton. Title. SEC. 2. That the said corporation hereby established shall have succession of officers and members, according to its by-laws, and shall have power to make by-laws, not repugnant to the laws of the land; and to have, use and keep a common seal, and the same to alter at will; to sue and be sued in any Court in this State; and to have and Powers and privileges. enjoy every right, power and privilege incident to such corporation; i and it is hereby empowered to take, hold, retain, possess and enjoy all such property, real,nd personal, as may be given, bequeathed or devised to it, or may be acquired by purchase, or in any other manner, by said corporation. SEC. 3. That the said corporation may, from time to time, invest Investment of funds. their funds, moneys, assets, and all other property which it may acquire in such real or personal property, stocks, public or private, notes, bills, bonds, with or without security by mortgage of real or personal property, or by surety, in such sums, and on such terms and conditions, as it may deem proper. And it shall and may be lawful for said corporation, from time to time, and at all times, to sell, convey, mortgage, assign or transfer any or all of its property, real and personal, as, and when, it may deem proper and expedient; and to make and execute bonds, under the corporate seal, with or without mortgage, for the purchase of real or personal property. SEC. 4. That the members of said society hereby incorporated shall be, individually, liable for the debts of saidcorporation, each Liability of member to the extent of one year's annual arrears, which the said members. member may owe to the corporation, according to its by-laws, in the year in which he may be sued for said corporation debt; but such liability shall not attach until the corporation shall have been sued, and nulla bona returned on execution, in such suit. SEC. 5. That this Act shall be taken and deemed a public Act, and may be given in evidence without being specially pleaded. Approved March 9, 1872. AN ACT TO INCORPORATE TIHE BEAUFORT MANUFACTURING No. 89 AND IMPROVEMENT COMPANY. SECTION 1. Be 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 authority of the same, That Alfred 8 114 STATUTES AT LARGE. D. 172. Williams, Robert Smalls, W. J. Whipper, J. Douglass Robertson, ~^ David Thomas, N. B. Myers, Francis E. Wilder, James M. Crofut, rorator. George Holmes, H. J. Maxwell and J. B. Bascomb, and their associates and successors, are hereby made and declared a body politic and corporate in law, under the name and style of the " Beaufort Name and Manufacturing and Improvement Company," for the purpose of objects of corporation. extracting and manufacturing oil from cotton seed, and other seeds or grain, and for the purpose of carrying on such other business connected therewith, with a capital of one hundred thousand dollars, to be divided into one thousand shares, of one hundred dollars each. SEC. 2. The said company shall have power, from time to time, to increase their capital stock to any amount not exceeding two hundred and fifty thousand dollars, including their present capital Capital stock. stock, whenever a majority of the stockholders present, at any general meeting, shall determine. Books may be opened for the purpose of obtaining additional subscribers to such increased stock in such manner as the company may deem expedient; and, vhenever any increase of capital shall be made as aforesaid, the PresiAffidavit to be filed in Sec- dent of the company shall make affidavit of the fact, and file the Statees ffie,. same in the office of the Secretary of State, and make public notice thereof, once a week for three weeks consecutively, in any newspaper published in the town of Beaufort, which shall be legal notice to all persons dealing with said corporation. SEC. 3. That the said company be, and is hereby, authorized to wMay build build a wharf or wharves in front of any property owned by said wharves and collect wharf- company, or which they may hereafter become possessed of in the County of Beaufort, and to collect wharfage on the same, and to use, sell or lease the said wharf or wharves for the use and benefit of said company, subject to any laws now existing, or hereafter to be enacted, in relation to said property. SEc. 4. That, for the purpose of carrying the products of their manufacture to or from any railroad or place of shipment upon Invested with the island of Port Royal, the said company is hereby vested with rights, &c., rantedt- En- all the rights and powers, privileges and franchises granted to tho ferprise Railroad Co. Enterprise Railroad Company, of Charleston, by the Act of the General Assembly of the State of South Carolina, incorporating said company, approved March first, eighteen hundred and seventy, and March ninth, eighteen hundred and seventy-one: Provided, That the line of said road, so far as it affects the town of Beaufbrt, shall be fixed and established by the Intendant and Council thereof. SEC. 5. That the said company shall have succession of officers iorporate and members, to be chosen according to the rules and by-laws rigs made, and to be made, for their govemet and direction, privileges. made, and to be made, for their government and direction, and OF SOUTH CAROLINA. 115 shall have power and authority to make by-laws, not repugnant to A. D. 1872. the laws of the land; to make, have and use a common seal, and the same to alter at will; to sue and be sued, to plead and be impleaded, in any Court of law and equity; to purchase and hold any lands, tenements or hereditaments, goods or chattels, which may be necessary, connected with, or conducive to, the purposes for which said company is established. SEC. 6. The said corporation shall not go into operation until corpMlatiso thirty thousand dollars of the capital stock shall be paid, in gold or mY Coperasilver, or United States Treasury notes; and an oath or affirmation tions. of the payment thereof shall be made by the President, Treasurer Oath to be recorded in and a majority of the Board of Directors, which shall be recorded Secretary of in the Secretary of State's office, and published in any newspaper Stae' oe in the town of Beaufort, or as near the establishment as circumstances will admit. Approved March 9, 1872. AN ACT TO INCORPORATE THE -CIARLESTON HOOK AND LAD- NO. 90. DER COMPANY, No. 3. SECTION 1. Be 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 authority of the same, That Wim. T. Elfe, Wnm. E. Burke, B. F. Morris, A. V. Brodie and J. Grant, Qoporators. their associates and successors in office, be, and they are hereby, constituted a body corporate and politic, under the name and style of the Charleston Hook and Ladder Company, No. 3; with a capi- natorporate tal stock not exceeding ten thousand (10,000) dollars; with the right to sue and be sued, to plead and be impleaded in any Court of competent jurisdiction, to have and use a common seal, and the same to PoWters and alter at will; and with all other rights, privileges and immunities privileges. that are now secured by law to like incorporate bodies. SEC. 2. That this Act shall be deemed a public Act, and remain in force until repealed. Approved March 9,1872. 116 STATUTES AT LARGE A. D. 182. AN ACT TO INCORPORATE THE RED BANK MANUFACTURING N 9^ CCOMPANY, OF LEXINGTON COUNTY. No. 91. SECTION 1. Be 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 authority of the same, That Frederick W. rprr Green, John Green, John P. Southern, Clark Waring and W. C. Swaffield, and others, and their associates and successors, are hereby made and created a body politic and corporate, under the name and Corporate style of " The Red Bank Manufacturing Company," for the purpose namne. of manufacturing cotton yarns and cloth, and such other fabrics as Objects of corporation. the demand of the community may require, and also for the transaction of all such business as may be connected with the above purposes, with a capital of thirty thousand dollars, with power to increase it to one hundred thousand dollars, the consent of a majority of the stockholders being first had and obtained. SEC. 2. The said corporation may purchase and hold such real Powlersand estate as may be required for their purposes, or such as they may deem it for their interest to take in settlement of any debts due them, and may dispose of the same; and may erect such mills, machine shops and other buildings thereon as may be deemed necessary, and may sue and be sued, have and use a common seal, and may make such by-laws for the regulation and government of said corporation, not inconsistent with the Constituticn and laws of the United States and of this State, as may be deemed necessary; and shall have, generally, all the rights, powers and privileges in law incident or appertaining to corporations. SEC. 3. That this Act shall be a public Act, and shall continue of force for the term of twenty-five years. Approved March 9, 1872. No. 92. AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO INCORPORATE THE TOWN OF PICKENS." SECTION 1. Be it enacted bythe Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That an Act entitled " An Act to incorporate the town of Pickens," approved in the year 1869, be amended as follows: That the said Town Council Establish- shall have power to establish a guard house, and to prescribe, by ed ouse of a guard house. ordinance, suitable rules and regulations for keeping and governing OF SOUTH CAROLINA. 117 the same, and confine therein any or all persons who may be sub- A. D.1872. ject to be committed for violation of any ordinance of the town, passed in conformity to the Act hereby amended. And the said Town Council may, by ordinance, or the said Intendant and Wardens, in person, any one or more of them, authorize and require any li Marshal of the town, or any Constable specially appointed for that tions. purpose, to arrest or commit to said guard house, for a term not exceeding twenty-four hours, any person or persons who, within the corporate limits of said town, may be engaged in a breach of the peace,, any riotous or disorderly conduct, open obscenity, public drunkenness, or in any conduct grossly indecent or dangerous to the citizens of the said town, or any of them; and it shall be the duty of the Marshals and Constables to arrest and commit any such offenders, when required to do so, who shall have power to call to their assistance the posse comitatus, if need be, to aid in making such arrests; and upon the failure of the Town Marshal to perform such duty, if required, they shall, severally, be subject to such fine Fines and and penalties as the Town Council may establish; and all persons penalties. so imprisoned shall pay the costs and expenses incident to their imprisonment, which said costs and expenses shall be collected in the same manner as provided by this Act for the collection of fines imposed for violation of ordinances: Provided, That such imprisonment shall not exempt the party from the payment of any fine the Council may impose for the offense for which he may have been committed. SEC. 2. That all the fines which shall hereafter be collected for retailing, without license, within the corporate limits of the said town, shall be paid one half to the informer and the other half to Dof-issition the Council, for the use of the said town. SEC. 3. All Acts or parts of Acts inconsistent hereto be, and the same are hereby, repealed. Approved March 9, 1872. AN ACT TO CHARTER THE LITTLE RIVER AND CHERAW RAIL- NO. 93. ROAD COMPANY. SECTION 1. Be 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 authority of the same, That, for the purpose of establishing a railroad from Little River to Cheraw, a charter, with all the rights and privileges incidental to the same, be, and is 118 STATUTES AT LARGE A. D. 1872. hereby, granted to Thos. C. Dunn, L. D. Bryan, J.T. Walsh, Joel ~^~n" Allen, J. E. Dusenbury, F. A. Kehew, John Douglas, Wm. F. Corporators. Johnson, C. P. Townsend, J. W. Thomas, Abel Quick, F. A. Miles, C. J. Stuart, Samuel Jackson, Jacob Allman, and their associates and successors, who are hereby constituted a body politic and corpoCorporate rate, by the name and style of the Little River and Cheraw Railname. road Company. SEC. 2. That the said company is hereby authorized to construct a railroad from Little River to Cheraw, by such route as shall Route. be found most suitable and advantageous, and crossing the Counties of'Marion and Marlboro, between the Great and Little Peedee Rivers. SEC. 3. That the capital stock of said company shall be one and a half million dollars, with the privilege of increasing it to two and Capital stock. a half millions of dollars if found necessary, to be divided into Books shares of fifty dollars each; and, for the purpose of raising such subscription. capital stock, it shall be lawful to open books of subscription, at such times and places, and to keep them open for such periods of time, and under the direction of such persons as may be determined Subscriptions on by a majority of said company. That subscriptions to said capimay be made "in land. tal stock may be made in land, at a rate per acre to beagreed upon at the time of subscription; and that each and every person subscribing land shall execute adeed to the said company, and that all amounts subscribed, either in land or money, shall constitute the joint stock capital, for the purpose of constructing and carrying into operation the railroad provided for by this Act; and the said railroad company shall have power to mortgage its property and Issue Of franchises, and issue bonds on such terms and conditions, and for bonds. such uses and purposes of said corporation, as the Board of Directors thereof may deem expedient. SEC. 4. That the said railroad shall be subject to the provisions pruoiet to of of an Act of the General Assembly of South Carolina, passed SepAct of Sep. tember 22, 1868, entitled " An Act to declare the manner by which the lands, or right of way over the lands, of persons or corporations may be taken for the construction or use of railways, and other works of internal improvement:" Provided, however, That nothing herein contained shall be so construed as to exempt the said company from the payment of taxes. SEC. 5. All Acts or parts of Acts inconsistent with this Act are hereby repealed. Approved March 9, 1872. OF SOUTH CAROLINA. 119 AN ACT TO PROVIDE FOR THE PAYMVENT OF CERTAIN DEBTS A. D. 1872. BY THE COUNTY OF AIKEN. N. No. 94. Whereas, by an Act approved March 10th, 1871, a new judicial Preamble. County, by the name of Aiken, was formed of portions of Barnwell, Edgefield, Lexington and Orangeburg; and, whereas, the said named Counties, at the time the Act to establish said County of Aiken was passed, were, and still are, in debt; and, whereas, it is but fair and just that the said County of Aiken should assume her proportion of the debts of the variouts Counties from which it has been created; therefore, SECTION 1. Be it enacted by the Senate and House of Repre- county of Aiken made sentatives of the State of South Carolina, now met and sitting in liable for certain debts. General Assembly, and by the authority of the same, That of the outstanding debts of the Counties of Barnwell, Edgefield, Lexington and Orangeburg, of portions of which the said County of Aiken has been created, that the said County of Aiken is hereby made liable for her proportion, in ratio to the taxable property, as taken from each of the above specified Counties. SEC. 2. That, in order to carry out the provisions of the preceding Section, it shall be, and hereby is, made the duty of the County Commissioners of the Counties of Barnwell, Edgefield, Lexington and Orangeburg, to make out a certified statement of the indebtedness of their respective Counties, and forward the same (after the ACount complete organization of said County of Aiken) to the County make annual Auditor, or any other officer who may discharge the duties of said Of $1,000, to pay said office, who shall, in proportion and proper ratio, to carry out the debts. provisions of this Act, cause an annual assessment of one thousand dollars to be made on all the taxable property within the said new County of Aiken, to be used only for the payment and for the purposes herein mentioned. Approved March 9, 1872. AN ACT TO CHARTER BIG HOUSE FERRY, OVER BEAUFORT No. 95. RIVER, IN BEAUFORT COUNTY. Be 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 authority of the same, That a public ferry be, and is saFerrp^nt. hereby, established and chartered to reach and extend across the Beaufort River, in Beaufort County, at a point called " Sam's 120 STATUTES AT LARGE A. D. 1872. Point," and that the said ferry be vested in Christopher Green, his heirs and assigns, for the term of twenty years, with the same Ratesoftoll rates of toll as was formerly allowed to the ferry known as the "White Hall Ferry," in said County: Provided, That children going to and returning from schools or others going to and returning from the polls be passed free. Approved March 9, 1872. No. 96. AN ACT TO PROVIDE FOR THE PAYMENT OF THE PAST INDEBTtEDNESS OF DARLINGTON COUNTY, AND FOR OTHER PURPOSES. SECTION 1. Be it enacted by the Senate and House of Reprecommittee to sentatives of the State of South Carolina, now met and sitting in examine accounts General Assembly, and by the authority of the same, That B. F. against Dar-' lington Whittemore, Elihu C. Baker, J. S. Fillebrown and James M. Brown County. be, and they are hereby, constituted a Committee to examine any and all accounts presented to said Committee by any and all parties who hold any accounts or demands against the County of Darlington, contracted or originating since June, 1868, and before January 1st, 1872: Provided, That said Committee receive no compensation for their services. SEC. 2. That to enable the said Committee to investigate as to the Persons holding correctness of the indebtedness of the County of.Darlington, as reaccounts, to present the ported by the County Commissioners of said County to the General same for examination. Assembly of 1871-2, they are hereby authorized and empowered to give public notice, for fifteen days, to all persons and parties holding any demands against said County to present the same for examinaPwefr to tion, and said Committee shall have power and authority to send for cers' books, any officer, person or party, their books, papers or memoranda, and papers, &c. to further the examination of any account or demand against the County, paid or unpaid, contracted or originating since June, 1868, May admin- and before January 1st, 1872. The Committee may administer any ister any oath. oath to any person, party or officer. SEC. 3. That if, upon the aforesaid investigation, it shall be found,If County funds are that the County Commissioners of Darlington County have misapfound to be misapplied- plied the public moneys of the County, by paying claims not auinformation to be given to thorized by law, or have neglected their duty by refusing to pay Solicitor of Circuit. claims authorized by law, or have used for their own private purpose any of the public funds of the County, or have unjustly dis OF SOUTH CAROLINA. 121 criminated among the creditors of the County in paying out the A..D 187 moneys of the County, or done any other act, or neglected to do ~~ any act, in violation of law, in reference to the public funds or property of the County, the said Committee shall forthwith furnish said Said -olicitor information to the Circuit Solicitor of the County, who shall forth- to indict County Comwith proceed, by action or indictment, or both, against said Corn- missioners missioners, in the Circuit Court. And if said Commissioners shall for sam be found guilty, they shall, in addition to the penalties now provided P:nalty, if by law, be immediately removed from office. SEc. 4. That it is hereby made the duty of the County Commis- C ounty CoO - sioners of Darlington County to draw their warrants on the County rat warTreasurer against any funds in his hands, including the money now oment of in bank, which was appropriated for building of a Court House, for debtedness. the payment and liquidation of the past indebtedness of the County; and the County Treasurer, on presentation of said warrant, shall pay the same. SEC. 5. Immediately on and after the passage of this Act, the Committee herein appointed shall enter upon the duties assigned them; and no warrant on the funds specified in Section 4 shall be drawn on the County Treasurer by the County Commissioners until the examination herein authorized shall have been completed. SEC. 6. The Auditor and County Commissioners be, and they are Annual tax hereby, authorized and empowered to cause to be levied on the tax- of two mills able property of the said County, for the year 1872, two mills on to be levied the dollar, and to continue the same each succeeding year, until the sum of eighteen thousand dollars shall have been collected; and the said sum, as collected, shall not be used in any manner, except for the purpose of building a Court House at Darlington, for the County of Darlington. Approved March 9, 1872. AN ACT TO INCORPORATE THE MISHrAW LIGHT INFANTRY, OF NO. 97. CHARLESTON, S. C. SECTION 1. Be 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 authority of the same, That Wim. Hoard, Corporators. Win. Miller, George Baker, Richard Baker, and the several persons who now are, or may hereafter be, officers and members thereof, and their successors, officers and members, be, and they are hereby, declared to be a body politic and corporate, by the name and style 122 STATUTES AT LARGE A. D.1872. f the "Mishaw Light Infantry;" and that the said corporation Corporate may, by its corporate name, sue and be sued, implead and be imname. pleaded, in the Courts of this State; and shall be able and empowered, in law, to purchase, have, hold, enjoy and possess any goods, Powers and chattels, lands, tenements or real estates, of whatever kind or nature privileges. soever, and the same, or any part thereof, to sell, alien or convey, at their will and pleasure: Provided, however, That the property, so held, shall not exceed the annual value of ten thousand dollars; and the said corporation shall have power to make a common seal, with power to change and alter the same as often as they shall deem necessary. SEC. 2. And be it further enacted, That this Act shall be deemed and taken to be a public Act, and shall continue in force for the term of twenty years, and until the next meeting of the General Assembly thereafter, and no longer. Approved March 9, 1872. No. 98. AN ACT TO INCORPORATE THE NAZARETH PRESBYTERIAN CHURCH, OF SPARTANBURG COUNTY. SECTION 1. Be 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 authority of the same, The members of the corporation known as the "Nazareth Presbyterian Church," in the County of Spartanburg, together with the officers and members of said corporation, be, and are hereby, declared to be a body na rporate politic and corporate, by the name and style of the Nazareth Presbyterian Church, and, as such, shall have power to adopt such conPowers Lan stitution, and to make such by-laws, as may be necessary for the privilges. government of the same, and not repugnant to the laws of this State; and shall have such council, trustees, elders and deacons, their successors in office, as they may select; to sue and be sued, plead and be impleaded, by their corporate title, in any Court of law or equity in this State; to have and use a corporate seal; to have and enjoy every right, power and privilege incident to such corporations; and the said corporation is empowered to hold, retain, possess and enjoy all such property, real and personal, as the corporation may hereafter possess or be entitled to, or which shall hereafter be given, bequeathed or devised to, or in any way acquired, and to sell and transfer the same, or any part thereof; and enjoy OF SOUTH CAROLINA. 123 and exercise all rights, powers and privileges as are incident to A.D.1872. such corporations. SEC. 2. This Act shall be deemed a public Act, and shall continue in force for the term of twenty-five years. Approved March 9,1872. AN ACT TO INCORPORATE THE AIKEN LIGHT INFANTRY, OF No. 99. AIKEN, SOUTH CAROLINA. SECTION 1. Be 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 authority of the same, That Peter Waggels, Alexander Williams, Joseph Robertson, Joseph Knights, and Coporators. their associates and successors, are hereby made and created a body orporate politic and corporate, under the name and style of the "Aiken name. Light Infantry, of Aiken, S. C." SEC. 2. That the said corporation, hereby created and established, shall have succession of officers and members, according to its bylaws, and shall have power to make by-laws, not repugnant to the Powers and laws of the land; and to have, use and keep a common seal, and p the same to alter at will; to sue and be sued in any Court of this State; and to have and enjoy every right, power and privilege incident to such corporation; and it is hereby empowered to take, hold, retain, possess and enjoy all such property, real and personal, as may be given, bequeathed or devised to it, or may be, in any manner whatsoever, acquired by the said corporation: Provided, The amount so held shall not exceed the sum of ten thousand dollars. SEC. 3. That this Act shall continue in force for the space of twenty years, and the same shall be taken and deemed a public Act. Approved March 9, 1872. AN ACT TO RENEW AND AMIEND THE CHARTER OF THE TOWN No. 100. OF WILLIAMSTON. SECTION 1. Be 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 authority of the same, That, from and immediately after the passage of this Act, all and every person or 124 STATUTES AT LARGE A. D1872. persons who may have resided within the corporate limits of the Cop rators town of Williamston for one year, or who may own a freehold therein, and their successors, are hereby declared to be members of the corporation hereby intended to be created. SEC. 2. That the said persons, and their successors, shall, from and after the passage of this Act, become a body politic and corporName. ate, and shall be known and called by the name of the town of WiiCorporate liamston, and its corporate limits shall extend one mile in the direclimits. tion of the cardinal points from the present brick hotel as a centre, and form a circle. Officers. SEC. 3. That the said town shall be governed by an Intendant and four Wardens, who shall be persons that actually reside within the limits of the corporation, and have so resided at least twelve months immediately preceding their election. The said Intendant and Wardens shall be elected on the second Monday in September, in each year, ten days' notice having been previously given, and shall continue in office for one year, and until the election and qualiElectors. fication of their successors. And all male inhabitants of the said town, who shall have attained the age of twenty-one years, and resided therein sixty days immediately preceding the election, shall be entitled to vote for said Intendant and Wardens: Provided, That no person shall be allowed to vote at any such election who shall not have registered his name as a voter with the Clerk of the Council, in a book or books to be kept by him for that purpose, by 10 o'clock A. M., on the day preceding every such election. Election. SEC. 4. That said election shall be held in some convenient public place in said town, from nine o'clock in the morning until five o'clock in the evening; and, when the polls shall be close, the Managers shall forthwith proceed to count the votes, under oath, publicly, stating the whole number of votes cast for each candidate or person voted for, and shall transmit their report of the same, in a sealed envelope, to the Intendant of the town; and if there be no such Intendant, the same shall be transmitted to the Clerk of the Court of Anderson County. The said Intendant, or Clerk of the Court, shall open the report of the said Managers, and shall announce and publish the whole number of the votes cast, and the whole number cast for each candidate, when the several candidates receiving the highest number of legal votes for the offices for which they were voted for shall be declared duly elected. The Intendant Managers. and Wardens, for the time being, shall always appoint three Managers to conduct the election, who, before they open the polls for said election, shall take the oath, fairly and impartially, to conduct the same. And the Intendant and Wardens, before entering upon the duties of their office, shall, respectively, take the oath prescribed by OF SOUTH CAROLINA. 125 the Constitution of this State, and, also, the following oath, to wit: A. D. 1872. "As In;tendant (or Warden) of the town of Williamston, I will Oath of faithfully and impartially, to the best of my ability, exercise the Office. trust reposed in me, and will use my best endeavors to preserve the peace and carry into effect, according to law, the purposes for which I have been elected: So help me God." SEC. 5. In case a vacancy should occur in the office of Intendant, vacancieshow filled. or any of the Wardens, by death, resignation or otherwise, an election to fill such vacancy shall be held by the appointment of the Intendant and Warden or Wardens; and, in case there be none, then by the appointLenet of the Clerk of the Court of Anderson County. SEC. 6. That the Intendant and Wardens, duly elected and quali- Judicial powers. fled, shall be, during their term of office, vested with all the powers and authority with which Trial Justices are at present vested by law, except the trial of civil cases, and except as it may be otherwise provided in this Act. And the Intendant shall and may, as often as may be necessary, summon the Wardens to meet in Council, any two of whom, with the Intendant, or any three Wardens, may constitute a quorum to transact business; and they shall be known by the name of the Town Council of Williamston; and they, and their successors hereafter to be elected, may have a common Corporate seal, which shall be affixed to all their ordinances; may sue and privileges. be sued, plead and be impleaded in any Court of law or equity in this State, and purchase, hold, possess and enjoy, to them and their successors, in perpetuity, or for any term of years, any estate, real, personal or mixed, and sell, alien and convey the same: Provided, The same shall not exceed, at any one time, the sum of ten thousand dollars. And the said Intendant and Wardens shall have full power to make and establish all such rules, by-laws and. ordinances, respecting the roads, streets, markets and police of said town, as shall appear to them necessary and requisite for the security, welfare and convenience of the said town, or for preserving the health, peace, order and good government within the same. And the said Council may fix and impose fines and pen- Fines. alties for the violation thereof, and appropriate the same to the public use of the said corporation: Provided, That, in all cases of trials to be had before the said Town Council, as hereinbefore provided, the party charged shall be cited to trial by service upon him of a summons, under the hand of the Intendant, any one of the Wardens, or the Clerk of the Council, wherein shall be expressed, with certainty, the offense charged, and the time and place of trial, which service shall be made at least five days before the day of trial. 120 STATUTES AT LARGE A. D. 1872. SEC. 7. That the Intendant and Wardens of the said town shall Lie~ses. have full and only power to grant or refuse license to retail spirituous liquors within the said limits, which license shall be granted in the same manner, and upon the same conditions; as they now are, or may hereafter be, under the laws of this State, except that the Town Council shall have the power to regulate the price of license to keep taverns and to retail spirituous liquors: Provided, That in no instance the price of a license so to keep tavern or retail spirituous liquors shall be fixed at a less sum than is established by the laws of this State; and all the powers vested formerly in the Commissioners of Roads are hereby granted to the said Intendant and Wardens within -the said limits; and all moneys paid for licenses, and for fines and forfeitures, for retailing spirituous liquors, keeping taverns, billiard tables, within the said limits, without license, shall be appropriated to the uses of said corporation: Provided, That the Intendant and Wardens, duly elected and qualified, shall not have power to grant any licenses to keep tavern or retail spirituous liquors to extend beyond the time for which they shall have been elected. Roads and SEC. 8. That it shall be the duty of the said Intendant and Wardens to keep all streets, roads and ways, within their corporate limits, open and in good repair; and, for that purpose, they are invested with all the powers granted formerly to the Commissioners of Roads. And they shall have power to compound with all persons liable to work the streets, ways and roads in said town, upon such terms as they shall, by ordinance, establish; the moneys so received to be applied to the public use. Annual tax- SEC. 9. That the said Town Council shall have power to impose ation. an annual tax upon the keepers of all billiard tables and teun-pin alleys, or other pin alleys, within the discretion of said Council; and to grant or refuse licenses for the same, upon such terms and conditions, and subject to such regulations as they may, by ordinance, establish. They shall also have power to impose a tax, within their discretion, on all sales made by itinerant traders and auctioneers, on all public drays, wagons, carriages, omnibuses, and other vehicles kept for hire, and on the owners or proprietors of all dogs, hogs, sheep, goats and cattle kept within the corporate limits of said town. The said Town Council shall have power to impose an annual tax on the amount of all sales of goods, wares and mlerchandise; and also, upon the amount of income arising from all factorage and merchandise, employments, faculties and professions, including the profession of dentistry; also, upon the amount of income from all moneys loaned at interest, and from dividends received from banks and all other stocks: Provided, That no tax shall be imposed, in OF SOUTH CAROLINA. 127 any one case, to exceed the rate of thirty cents on each hundred A. D. 1872. dollars of the value of such sales and income. And the said Town' Council shall have power to impose an annual tax on all carriages and wagons, of whatever kind, kept for private use; on all gold, silver and other watches, kept for private use, within the limits of the said town. And the said Town Council shall have power to impose an annual tax, not exceeding thirty cents on every hundred dollars of thevalue of all real estate lying in the corporate limits of said town, the real estate of churches and school associations excepted; and, for that purpose, they shall-appoint three freeholders residing therein to assess the value of said real estate, upon oath, and return the assessment, within one month, to said Council for taxation; and to fill any vacancy occasioned by the death, resignation, refusal to serve, or removal from office, of the said Assessor. And the said Town Council shall have power to regulate the price of licenses upon all public shows and exhibitions in said town; to erect a powder magazine, and to compel any person holding more Powder. than twenty-five pounds of powder to store the same therein, and to Magae. make regulations for rates of storage thereof, and for keeping and storing the same. And the said Town Council shall have power to enforce the payment of all taxes and assessments, levied under the authority of this Act, against the property and persons of defaulters, to the same extent, and in the same manner as is provided by law for the collection of the general State tax, except that execu- Executions. tions to enforce the payment of town taxes shall be issued under the seal of the corporation, and directed to the Town Marshal, or other person especially appointed by the said Town Council to collect the same; and all property, upon which a tax shall be levied and as. sessed, is hereby declared and made liable for the payment thereof in preference to other debts due by the person owning such property at the time of the assessment, except debts due the State, which D si-posltfha. shall'be first paid. The said moneys, together with all other moneys of moneys re. collected by authority of the provisions of this Act, and the ordinances passed in conformity thereto, from whatever source said moneys may arise, to be paid into the treasury of said town, for the use of the corporation. SEC. 10. That returns shall be made; on oath, to the Clerk of the Returnstimne for makTown Council, during the month Qf January, in each year, of the ing fixed. amount of all sales of merchandise, professional, mechanical, or other incomes, and of the quantity and kind of all other property than real.estate subject to taxation, under the provisions of this Act, by persons who may be liable to pay the taxes on the same; and the said taxes shall be paid on or before the first day of March then next ensuing. Upon failure thereof, any party in default shall 128 STATUTES AT LARGE A. D. 1872 be subject to the penalties nQw provided by law for failure to pay ~ —>~ the general State tax. Sidewalks. SEC. 11. That the said Town Council shall have authority to require all persons owning a lot or lots in said town to make and keep in good repair sidewalks in front of said lot or lots, whenever they shall front on or adjoin any public street of. said town, if, in the judgment of the Council, such sidewalks shall be necessary, the width thereof, and the manner of their construction, to be designated and regulated by the said Council; and, for default or refusal to make and keep in repair such sidewalks, the Town Council may cause the same to be made and put in repair, and require the owner to pay the price of making or repairing; and the said Town Council are hereby empowered to sue for and recover the same by action of debt in any Court of competent jurisdiction in Anderson County: Provided, That such contract for making or repairing be let to the lowest bidder. SEc. 12. That the said Town Council shall have power, with the Streets and roads. consent of the adjacent land owners, to close all such roads, streets and ways within the said town as they may deem necessary, by sale of the freehold therein, either at private or public sale, as they may adjudge best for the interest of said town; and they shall also have power to lay out, adopt, open and keep in repair all such new streets, roads and ways as they may, from time to time, deem important or necessary for the improvement and convenience of said town: Provided, That no new street, road or way shall be opened without first having obtained the consent of the land owner through whose premises any such new street, road or way may pass. SEC. 13. That the said Town Council shall have power, and are tharshals — hereby authorized, to elect one or more Marshals, to affix their salatheir powers and duties, ries and prescribe their duties, who ahall be duly sworn in, and invested with all the power, and subject to all the duties and liabilities, that Constables now have or are subjected by law, in addition to the duties and liabilities specially conferred and imposed on them by the Town Council: Provided, That their jurisdiction shall be confined to the corporate limits of said town. SEC. 14. That the said Town Council shall have power to establationsreg lish a guard house, and to prescribe, by ordinances, suitable rules and regulations for keeping and governing the same, and for the confinement of all persons who may be subject to be committed for the violation of any ordinance of the town, passed in conformity with the provisions of this Act. And the said Town Council may, by ordinance, or the said Intendant and Wardens, in person, any one or more of them, authorize and require the Marshal of the town, or any Constable specially appointed for that purpose, to OF SOUTH CAROLINA. 129 arrest and commit to the said guard house, for a term not exceed- A D. 1872. ing twenty-four hours, any person or persons who, within the corporate limits of said town, may be engaged in a breach of the peace, any riotous or disorderly conduct, open obscenity, public drunkenness, or in any conduct grossly indecent or dangerous to the citizens of said town, or any of them; and it shall be the duty of the Town Marshals to arrest and commit all such offenders, when required to do so, and who shall have power to call to their assistance the posse comitatus, if need be, to aid in making such arrest; and, upon the failure of such Marshals to perform such duty as required, they shall, severally, be subject to such fines and penalties as the Town Council may establish; and all persons so imprisoned shall pay the costs and expenses incident to their imprisonment: Provided, That such imprisonment shall not exempt the party from payment of any fine the Council may impose for the offense for which he may have been committed. SEc. 15. That the said Town Council shall have power to collect Tax on the taxes from all persons representing publicly, within the corpo- sh rate limits, for gain or reward, any plays or shows, of what nature or kind soever, to be used for the purposes of said corporation. SEC. 16. That all fines, which shall hereafter be collected by con- Disposition viction in the Court of Sessions, for retailing without license, within of fines. the corporate limits of said town, shall be paid one-half to the informer, and the other half to said'Town Council, for the uses of the corporation. SEC. 17. The said Town Council shall have power and authority Nuisances. to abate all nuisances within the corporate limits, and also to appoint a Board of Health for said town, and to pass all such ordinances as may be necessary to define the powers and duties of said Board. SEC. 18. That the'Intendant and Wardens shall,, during their terni of office, be exempt from street duty; and each Town Council mFtal settleshall, within one month after the expiration of their term of office, make out and return to their successors a full account of their receipts and expenditures during their term, and shall pay over all moneys in their hands belonging to the corporation, and deliver up all property, books, records and other papers incident to their office, to their successors; and, on failure so to do, they shall be liable to the punishment prescribed in the twentieth Section of this Act. SEC. 19. That all ordinances heretofore passed by the Town Ordinances Council of Williamston, in conformity with the authority granted validated. by existing laws, shall be, and they are hereby, declared legal and valid. 9 130 STATUTES AT LARGE A. D. 1872. SEC. 20. That, for any willful violation of duty. malpractice, abuse Penalty for or oppression, the said Intendant and Wardens, jointly and severally, neglect of shall be liable to indictment in the Court of Sessions, and, upon duty, &C. conviction, to punishment by fine not exceeding one hundred dollars, besides being liable for damages to any person injured. SEC. 21. That all Acts and parts of Acts, heretofore passed, in relation to the incorporation of the town of Williamston, be, and the same are hereby, repealed. And this Act shall be deemed and taken to be a public Act, and continue in force for the term of twenty years, and until the end of the session of the Legislature then next ensuing. Approved March 9, 1872.:No. 101. AN ACT TO INCORPORATE THE VILLAGE OF LITTLE ROCK, IN THE COUNTY OF MARION, AND FOR OTHER PURPOSES THEREIN MENTIONED. SECTION 1. Be it enacted by the Senate and House of RepreCorporators. sentatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That, from and after the passage of this Act, all citizens of this State, having resided twelve months within this State, and sixty days in the town of Little Rock, shall be deemed, and are hereby declared to be, a body politic and corporate, and the said town shall be called by the Corporatname of Little Rock, and its corporate limits shall extend threelimits. fourths of.a mile in each direction from the Methodist Church, in said town: Provided, That the corporate limits of said town shall not extend beyond the Little Peedee River. Office SEC. 2. That the said town shall be governed by an Intendant and four Wardens, who shall be citizens of the United States, and who shall have resided in this State twelve months, and shall have been residents of the said town sixty days immediately preceding their election. The said Intendant and Wardens shall be elected on the second Saturday in April, in every year, five days' notice being previously given, and shall continue in office for one year, and until th'e election and qualification of their successors; and all male inhabitants of said town, who shall have attained the age of twenty-one years, (paupers and persons under disabilities for infamous crimes excepted,) and shall have resided therein sixty days immediately preceding the election, shall be entitled to vote for said Intendant and Wardens. OF SOUTH CAROLINA. 131 SEC. 3. The said election shall be held in some convenient public A. D. 1872 place in said town, from six o'clock in the morning until four BEecio o'clock in the evening, and, when the polls shall be closed, the Managers shall forthwith count the votes and declare the election, and give notice thereof, in writing, to the persons elected. The Intendant and Wardens, before entering upon the duties of their offices, shall each take the oath prescribed by the Constitution of this,State, and, also, the following oath, to wit: " As Intendant (or Warden, as the case may be) of the town of Little Rock, I will equally and impartially, to the best of my ability, exercise the trust reposed in me, and will use my best endeavors to preserve the peace, oath of ofand carry into effect, according to law, the purposes for which I fe have been elected: So help me God." And if any person, upon being elected Intendant or Warden, shall refuse to act as such, he shall forfeit and pay to the Town Council the sum of ten dollars, for the use of said town: Provided, That no person who has attained the age of sixty years shall be compelled to serve in either of said offices, nor shall any other person be compelled to serve more than one year in any term of three years. The Intendant and Wardens, for the time being, shall always appoint a Board of three Managers to conduct the election, who, before they open the Managers polls, shall take an oath fairly and impartially to conduct the same. That James Stackhouse, BenjaminMace and R. P. Hamer are hereby appointed Managers, to hold the election on the second Saturday in March, one thousand eight hundred and seventy-two. SEC. 4. That in case a vacancy shall occur in the office of In- Vacancies. tendant or any of the Wardens, by death, resignation, removal or otherwise, an election to fill such vacancy shall be held by order of the Intendant and Wardens, or a majority of the same, five days' public notice being previously given; and in case of sickness or temporary absence of the Intendant, the Wardens, forming the Council, shall be empowered to elect one of their number to act as Intendant for the time being. SEC. 5. That the Intendant and Wardens, duly elected and quali- Juicialpowfied, shall, during their term of office, severally and respectively, ers. be vested with all the powers heretofore granted to Magistrates, (Trial Justices, or Justices of the Peace, as the case may be), in this State, within the limits of the said town, except for the trial of causes small and mean. And the Intendant shall, and may, as often as may be necessary, summon the Wardens to meet in Council, any two of whom, with the Intendant, or any three Wardens, may constitute a quorum to transact business, and they shall be known as the Town Council of Little Rock, and they and their successors, hereafter to be elected, may have a common seal, which shall be 132 STATUTES AT LARGE A. D. 1872. affixed to all their ordinances; may sue and be sued, plead and be impleaded, in any Court of law or equity in this State; and may purchase, hold, possess and enjoy, to them and their successors, in perpetuity, or for any term of years, any estate, real, personal or mixed, and sell, alien or convey the same: Provided, The same shall not exceed, at any one time, the sum of ten thousand dollars. And the Intendant and Wardens shall have full power to make and establish all such rules, and by-laws and ordinances, respecting the roads, streets, market and police of said town, as shall appear to Police regulations. them necessary and requisite for the security, welfare and convenience of the said town, or for preserving health, peace, order and good government within the same. And the said Town Council may fix and impose fines and penalties for the violation thereof, and appropriate the same to the public uses of the said corporation: Fines. Provided, That no fine shall exceed fifty dollars for any one offense; and, also, that nothing herein contained shall authorize the said Council to make any by-laws inconsistent with, or repugnant to, the Constitution and laws of this State; and all by-laws and ordinances the Council may make shall, at all times, be subject to revision or repeal by the Legislature of this State. SEC. 6. That the Intendant and Wardens of said town shall have Licenses. full power to grant or refuse licenses to keep taverns, or to retail spirituous liquors, within the corporate limits of said town, upon such conditions, and under such circumstances, as to them shall seem proper and right: Provided, That in no instance shall the price of a license to keep a tavern, or to retail spirituous liquors, be at a less sum than is established by the laws of this State; and all moneys paid for licenses, and for fines and forfeitures for retailing spirituous liquors, keeping taverns and billiard tables within the said limits without licenses, shall be appropriated to the public uses of said town: Provided, That the Intendant and Wardenfs shall not have power to grant any license to keep taverns, or to retail spirituous liquors, to extend beyond the term for which they have been elected. s and SEC. 7. That it shall be the duty of the said Intendant and WarRoads and s'Ireets. dens to keep all roads, ways, bridges and streets, within the corporate limits, open and in good repair; and they may lay out new streets, close up, widen or otherwise alter those now in use, and for that purpose they are invested with all the powers and duties of County Commissioners, or Commissioners of Roads, for and within the corporate limits of said town. They shall have power to compound with all persons liable to work the streets, ways and roads of said town, upon such terms as they shall, by ordinance, establish; the moneys so received to be applied to the public use of said town; OF SOUTH CAROLINA. 133 and all persons refusing to labor, or failing to pay such commuta- A. D. 172. tion, shall be liable to such fine, not exceeding twenty dollars, as the Town Council may impose. SEC. 8. They shall have the power to impose an annual tax, not Annual tax. exceeding fifty cents on every hundred dollars of the value of all ation. real and personal property, lying within the corporate limits of the said town, the real and personal property of churches and school associations excepted. The said Town Council shall have power to regulate the price of licenses upon all public shows and exhibitions in said town; to erect a powder magazine, and compel any person holding more than twenty-five pounds of powder to store the same Ecton of therein, and to make regulations for rates of storage thereof, and powder magazine. for keeping and delivering the same. The said Town Council shall have power to enforce the payment of all taxes and assessments, levied under the authority of this Act, against the property of defaulters, to the same extent, and in the same manner, as is provided by law for the collection of the general State tax, except that executions to enforce the payment of the town taxes shall be issued under the seal of the corporation, and directed to the town Marshal, Executions. or other person especially appointed by the said Town Council to collect the same; and all property upon which a tax shall be levied and assessed is hereby declared and made liable for the payment thereof, in preference to all other debts against the said property, except debts due the State, which shall be first paid. SEC. 9. The said Town Council shall have power and authority Sidewalks to require all persons owning a lot or lots in said town to close in, and to make and keep in good repair, sidewalks, in front of said lot or lots, whenever the same shall front or adjoin any public street of said town, if, in the judgment of the Council, such sidewalk shall be necessary; the width thereof, and the manner of construction, to be designated and regulated by the! said Council; and for default or refusal, after reasonable notice, to make and keep in good repair such sidewalk, and to close in such lot or lots, the Town Council may cause the same to be made or put in repair, and require the owner to pay the price of making or repairing. And the said Town Council are hereby empowered to sue for and recover the same by action of debt in any Court of competent jurisdiction: Provided, That such contract for making or repairing be let to the lowest bidder. The cemeteries and grave yards are, also, placed under the jurisdiction of the Town Council. SEC. 10. The said Town Council shall have power, with the con- Power to sent of the adjacent land owners, to close all such roads, streets close an open streets. and ways within the said town as they may deem necessary,.by sale of the freehold therein, either at private or public sale, as they may 134 STATUTES AT LARGE A. D. 172. adjudge best for the interest of the said town; and they shall, also, have power to lay out, adopt, widen or otherwise alter those streets now in use, open and keep in repair all such new streets, roads and ways as they may, from time to time,' deem necessary for the improvement or convenience of said town: Provided, That no street, road or way shall be opened without first having obtained the consent of the land owner or owners through whose premises any such new street, road or way may pass. Marshals. SEC. 11. The said Town Council shall have power, and are hereby authorized, to elect one or more Marshals, to fix their salaries and prescribe their duties, who shall be sworn in, and invested with all the powers and subjected to all the duties and liabilities that Constables now have, or are subject to, by law, in addition to the duties and liabilities specially conferred and imposed on them by the Town Council: Provided, That their jurisdiction shall be confined within the limits of the said town. SEC. 12. That the said Town Council shall have power to estabPaolce Begu- lish a guard house, and to prescribe, by ordinance, suitable rules and regulations for keeping and governing the same; and the said Town Council may, by ordinance, or the said Intendant or Wardens, in person, any one or more of them, authorize and require any Marshal of the town, or any Constable specially appointed for that purpose, to arrest and commit to the said guard house, for a term not exceeding twenty-four hours, any person or persons who, within the corporate limits of said town, may be engaged in any breach of the peace, any riotous or disorderly conduct, open obscenity, public drunkenness, or in any conduct grossly indecent or dangerous to the citizens of said town, or any of them; and it shall be the duty of the Town Marshal to arrest and commit all such offenders, when required so to do, who shall have power to call to their assistance the posse comitatus, if need be, to aid in making such arrests; and upon failure of said Marshal to perform such duty as required, they shall, severally, be subject to such fines and penalties as the Town Council may establish. And all persons so imprisoned shall pay the costs and expenses incident to their imprisonment, which said costs and expenses shall be collected in the same manner as is provided by this Act for the collection of fines imposed for the violation of ordinances: Provided, That such imprisonment shall not exempt the party from the payment of any fine the Council may impose for the offense for which he may have been committed. tatx on SEC. 13. The said Town Council shall have power to impose and shows, &c. collect taxes from all persons representing publicly, within their cor porate limits, for gain or reward, any plays or shows, of what na' OF SOUTH CAROLINA. 135 ture or kind whatsoever, to be appropriated to the public uses of said A. D. 1872. town. SEC. 14. The said Town-Council shall have full power and au- Nuisances. thority to abate all nuisances within the corporate limits of said town. SEC. 15. The Intendant and Wardens elect shall, during their term of office, be exempt from street duty. Each Town Council mFinsl ettleshall, within one month after the expiration of their term of office, make out and return to their successors a full account of their receipts and expenditures during their term, which account shall be published in one or more papers in the County, and shall pay over all moneys in their possession belonging to the corporation, and shall deliver up all books, records and other papers incident to their office to their successors; and on failure so to do they shall be liable to be fined in a sum not exceeding five hundred dollars, to be collected by the Town Council. SEC. 16. For any willful violation or neglect of duty, malpractice, abuse or oppression, the said Intendant and Wardens, jointly neglect of and severally, shall be liable to indictment in the Court of Ses- duty. sions, and, upon conviction, to punishment as prescribed in the preceding Section, besides being liable for damages to any person or persons injured. SEC. 17. This Act shall be deemed a public Act, and continue in force for the term of fifteen years, and until the end of the session of the Legislature then next ensuing. Approved March 9, 1872. AN ACT TO INCORPORATE THE "STAR FIRE ENGINE COMPANY, No. 102. OF GEORGETOWN." SECTION 1. Be 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 authority of the same, That George H. Corporators. Pawley, Tony G. Rutledge, William A. Johnson, William Moultrie, John Smyley, and their associates and successors in office, be, and they are hereby, created and constituted a body politic and corporate, by and under the name and style of the "Star Fire Engine Corporate name. Company, of Georgetown," with a capital stock not exceeding the sum of five thousand dollars, with a right to sue and be sued, to plead and be impleaded, in any Court of competent jurisdiction; to 136 STATUTES AT LARGE A. D. 1872. have and to use a common seal, and the same to alter at will and Powrs and pleasure; and to have and enjoy all other rights, privileges and privileges- immunities that are now, or may be hereafter, secured by law to like incorporated bodies. SEC. 2. This corporation shall enjoy all the rights and privileges secured to corporations under the Act to regulate the formation of corporations, and be subject to the liabilities therein prescribed, so far as applicable. SEC. 3. That this Act shall be deemed a public Act, and shall continue in force for the term of fourteen years. Approved March 9,1872. No. 103. AN ACT TO AMEND THE CHARTER OF THE TOWN OF BEAUFORT. SECTION 1. Be 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 authority of the same, That the Act Police-their. duties and incorporating the town of Beaufort be so amended that the Town tion.msa Council of Beaufort be, and they are hereby, authorized to establish a guard or police for the better security and regulation of said town, and to pass such ordinances as they may deem expedient to er.ic pow- define the duties, fix the compensation, and impose fines and penalties for neglect or improper discharge of duties of said guard, and, generally, to perform all acts necessary and proper to effectuate the intention of this Act, and make and establish all rules and orders relative to said guard, not inconsistent with the laws of the State. That the Intendant and Wardens, duly elected and qualified, shall, during their term of service, have the same powers which a Trial Justice now has to compel the attendance of witnesses, and require them to give evidence, upon the trial before them of any person for the violation of any of the by-laws or ordinances of the town; that the Intendant shall, as often as occasion may require, summon the Wardens to meet in Council, a majority of whom shall constitute a quorum for the transaction of business, and shall be known by the name of the Town Council of the town of Beaufort; and they and their successors in office shall have a common seal, and shbll have Marshals- power to appoint, from time to time, such and so many proper perpowers and duties. sons to act as Marshals or Constables, as they shall deem expedient and proper, which officers shall have all powers, privileges and emoluments, and be subject to all the duties, penalties and regulations, OF SOUTH CAROLINA. 137 provided by the laws of this State for the office of Constable; and A D. 1872. the Intendant and Wardens in Council shall have power and authority, under their corporate seal, to ordain and establish all such rules and by-laws and ordinances, respecting the streets, ways, pub- Rules and lie wells and springs, or fountains of water, markets, and police of by-ws. said town of Beaufort, and for preserving peace, health and order and good government within the same, as they may deem expedient and proper, not inconsistent with or repugnant to the laws. of the State; and all such by-laws and ordinances shall, at all times, be subject to revisal or repeal by the General Assembly of the State; Fines. and the said Council may affix fines for offenses against such bylaws and ordinances, and appropriate the same to the use of said corporation; but no fine shall exceed thirty dollars, and when fines shall exceed twenty dollars, the same to be collected as fines and penalties in Trial Justices' Courts. SEC. 2. That the Town Council shall have full power and authority to require all persons owning a lot or lots in said town to Sidewalks. build a lawful fence, and keep in good repair sidewalks in front of said lot or lots, whenever the same shall front or adjoin any of the public streets of said town, if, in the judgment of the Council, such Sidewalks shall be necessary, the width thereof, and the manner of their construction, to be designated and regulated by the Town Council; and for default or refusal to keep in repair such sidewalks, the Town Council may cause the same to be put in repair, and require the owner to pay the price of repairing: Provided, That such contract for repairing the same be let to the lowest bidder. SEC. 3. That the said Town Council shall have power to abate all Nuisances. nuisances within the corporate limits, and also to appoint a Board of Health and a Harbor Master, when deemed necessary, for the said town, and to pass such ordinances as may be necessary to define the duties and powers of the said Board, and to impose fines and penalties upon the members of the said. Board for neglect of duty orrefusal to serve. SEC. 4. That the power to grant or refuse licenses for ten-pin or other pin alleys, bagatelle tables, to keep taverns or retail spiritu- Licenses ous liquors within the limits of the said corporation, be, and the same is hereby, vested in the Town Council of Beaufort, and the said Town Council may grant licenses to retail spirituous liquors to such persons, and in such quantities, at such rates, and upon such terms and conditions, as the said Town Council may see fit and proper: Provided, No such license shall exceed the sum of two hundred dollars: Provided, further, That in no instance shall the price of a license to keep tavern, or to retail spirituous liquors, 138 STATUTES AT LARGE. D.1872. be fixed at a less sum than is established by the laws of this State. SEC. 5. That the said Town Council are hereby empowered to require all persons, companies and corporations now engaged, or who -may hereafter become engaged, in bilsiness, or avocations of any kind whatever, within the limits of said town, to take out a license from the said Town Council, who are hereby authorized to impose a reasonable charge or tax, within their discretion, for the conduct of the same: Provided, No such license shall exceed the sum of five hundred dollars. Tax on sales, SEC. 6. That the said Town Council shall have power to impose a tax, within their discretion, on all sales made by itinerant traders and auctioneers, on all drays, carts, wagons, omnibuses, carriages and other vehicles kept for hire. And the said Town Council shall have power to enforce the payment of all taxes and assessments against the property and persons of defaulters, to the same extent, Eand in the same manner, as is provided by law for the collection of Executions. the general State tax, except that executions to enforce the payment of town taxes shall be issued under the seal of the corporation, and directed to the Town Marshal, or other person especially appointed by the said Town Council to collect the same. R^eturns. SEC. 7. That returns shall be made, on oath, to the Clerk of the Town Council whenever, and at such times, as the said Council may so require, by ordinance, of the amount of all sales of merchandise, professional, mechanical or other incomes, and of the quantity and kind of all property, other than real estate, subject to taxation under the provisions of this Act, by persons who may be liable to pay the taxes on the same; and any person in default of payment of such taxes, when such payment may become due, shall be subject to the penalties now provided by law for failure to pay the general State tax. That all moneys paid for licenses, and for Disposition fines and forfeitures for retailing spirituous liquors, keeping tavern of fines. and billiard tables, within the limits, without licenses, shall be appropriated to the public uses of said town. SEC. 8. That all Acts or parts of Acts, in relation to the Town Council of Beaufort, repugnant to or supplied by this Act, be, and the same are hereby, repealed. Approved March 9, 1872. OF SOUTH CAROLINA. 139 AN ACT TO INCORPORATE THE COLUMBIA JOCKEY CLUB. A. D 1872. SECTION 1. Be it enacted by the Senate and House of Represen- No 104. tatives of the State of South Carolina, now met and sitting in Gene-' ~ Corporators. ral Assembly, and by the authority of the same, That T. J. Robertson, John Agnew, Charles Logan, R. C. Shiver, Owen Daly, M. J. Calnan, and their associates and successors, be, and they are hereby declared to be, a body corporate and politic, by the name and style Powers and privileges. of the Columbia Jockey Club, and shall have power to retain, possess and enjoy all such property as they may now be possessed of, or entitled to, or which shall hereafter be acquired by them; and to sell, alien, or in any way transfer the same, or any part thereof:,Provided, The amount of property so held shall not exceed twentyfive thousand dollars. SEC. 2. That they shall or may have a succession of officers and members, according to the rules and by-laws which may be adopted by them; and shall have power to make and change, at will, rules and by-laws, not repugnant to the laws of the land; to have, keep Liability of and use a common seal, and the same to alter at will; to sue and corporators. be sued, to plead and be impleaded, in any Court of this State. They shall, jointly and severally, be responsible for all debts incurred by the corporation or its agencies. SEC. 3. That this Act shall remain in force for the term of fifteen years, and until the meeting of the next session of the General Assembly thereafter. Approved March 9, 1872. AN ACT CONFERRING UPON THE COUNTY COMMISSIONERS CER- NO. 105. TAIN POWERS IN RELATION TO THE LICENSE AND SALE OF INTOXICATING LIQUORS. Be 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 authority of the same, That all the powers and duties Duties of Road Cornheretofore conferred upon the Commissioners of Roads of the various missioners conferred on Districts of this State, in relation to the license and sale of intoxi- County Commissioners. eating liquors, be, and they are hereby, conferred upon the County Commissioners. This Act shall take effect on and after its passage. Approved March 9,1872. 140 STATUTES AT LARGE A. D. 1872. AN ACT TO PERMIT JAMES MCCULLOUGH TO ADOPT, CHANGE N 16 THE NAME OF, AND MAKE HIS LAWFUL HEIR, JOSEPH ALLEN No.. 106. STEPP. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in GenJos. A. Stepp eral Assembly, and by the authority of the same, That James adopted and made the McCullough, of Greenville County, is hereby authorized and emlawful beir of J.McCullough powered to adopt, and make his lawful heir, Joseph Allen Stepp, and that the name of the said Joseph Allen Stepp shall be changed to Joseph Allen McCullough. SEC. 2. That should the said James McCullough die intestate, Entitled to inherit his es- the said Joseph Allen McCullough shall inherit, in common with tate. the other lawful heirs of the said James McCullough, his estates, both personal and real. Approved March 9, 1872. No. 107. AN ACT TO CHARTER THE UNION SAVINGS BANK, OF GEORGETOWN, S. C. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in G(eneral Assembly, and by the authority of the same, That James Corporators. A. Bowley, W. H. Jones, Jr., Thomas D. McDowell, S. R. Carr and James Murrell, together with such other persons as are now, or may hereafter be, associated with them, shall be, and they are hereby, constituted and made a body politic and corporate, by the Corporate name and style of the " Union Savings Bank, of Georgetown, name. South Carolina," and, by this name and style, shall be, and is hereby, made capable in law to have, purchase, enjoy and retain, to it and its successors, lands, rents, tenements, goods, chattels and effects of Powers and what kind or quality soever, and the same to sell, alien or dispose privileges of; to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in Courts of Record, or any other place whatsoever; and, also, to make, have and use a common seal, and the same to alter and renew at their pleasure; and, also, to ordain and put in execution such by-laws and regulationis as may seem necessary and convenient for the government of the said corporation, not being contrary to the laws of the State or the Constitution thereof. OF SOUTH CAROLINA. 141 SEC. 2. The capital stock of said' corporation shall not be less A. D. 872. than ten thousand dollars, which may be increased, from time to Capital. time, to a sum not exceeding two hundred thousand dollars, and shall be paid in and accumulated as hereinafter provided. SEC. 3. That said corporation shall have power and authority Investment to invest its capital stock or other funds in bank or other stocks; of funds. in the purchase of bonds of the United States, bonds issued by this or any other State of the United States, and in bonds of any corporate company; to lend money upon personal or real security; to discount bonds, notes, and bills of exchange, and to guarantee the payment of notes, bonds, bills of exchange, or other evidences of debt. SEC. 4. That said corporation shall receive deposits from any Depo3its. person or persons, and all such deposits shall be invested as the Board of Directors may deem most advantageous, and in accordance with Section 3, and interest shall be allowed to the depositors thereof, as may be directed or provided for by the by-laws of the institution. SEC. 5. Each subscriber to stock in this Bank shall, on or be- Penalty for fore the fifth day of each month, pay, at the office of the Bank, faurei, to pay subscriptions one dollar per share of his or her subscription, and any subscriber failing to do so shall be fined five cents per share for such delinquency, and for each. succeeding ten days of such delinquency, ten cents per share additional; and if, at the expiration of two months, such delinquency shall still exist, the stock shall be sold at public auction, the proceeds of which shall be paid to such delinquent stockholder, after deducting all fines that maybe charged against him, or his proportion of all losses sustained, and expenses incurred by the institution, in the course of its business. SEC. 6. As soon as the stock becomes of the value of one hunIssue of dred dollars per share, scrip shall be issued to each stockholder for scrip. the number of shares standing in his or her name on the books of When pay. the institution, signed by the President and Cashier, with the cor- ments of installments porate seal of the Bank affixed, from which time the payment of shall cease. monthly installments shall cease. SEC. 7. Any stockholder, at any time prior to the stock becoming Right of of the value of one hundred dollars per share, may withdraw from stockholders the institution, upon written notice being given at any regular meeting of the Board of Directors, and, at the expiration of ninety days, the institution shall pay to said stockholder the actual value of his or her stock at the date of notice of withdrawal, the monthly installments of such stockholder ceasing from date of said notice, or said stockholder may sell or transfer his or her interest to any other 142 STATUTES AT LARGE A. D. S72. person, the purchaser being placed on an equality with the other' ~~^~ stockholders. SEC. 8. By actual value of the stock is meant the amount paid Actualvalue in by each stockholder, together with his or her proportion of any of stock defined. losses that may have occurred, and withholding his or her proportion of any investments about which the Board of Directors may be doubtful, until they are satisfied. SEC. 9. As soon after the stock becomes of the value of one hunDividends. dred dollars per share, and scrip is issued therefor, the Directors may make dividends, at such times, and of so much of,the profits of the Bank as shall appear to them advisable. SEC. 10. There shall be elected, as soon after the ratification of Election of this Act as the corporators and subscribers may deem advisable, and annually thereafter, seven Directors from their number, who shall appoint one of their number President, and may fill any vaAppoint- cancy occurring in the Board, unless it be by removal, in which ment of subordinates. case the members shall fill the same in general meeting. The Board shall appoint (to hold at its pleasure) the subordinate officers and agents, prescribe their duties and compensation, andtake from them such bonds, with security, as it may deem advisable. SEC. 11. It shall be competent, at any general meeting of stockMeetings, holders, to change the time of holding. the annual meetings; and extra meetings may be called, at any time, upon a written application to the Board of Directors, signed by stockholders representing not less than one-half of the capital stock; and at all meetings of stockholders, each share shall entitle its holder to one vote, and. a representation of a majority of the entire stock, by the holders in person, or by their proxies, shall be requisite to constitute a quorum. SEC. 12. The said company is hereby declared capable in law of Special pow. holding and exercising the office of executor, by appointment of ers. any testator; the office of administrator of the testator or intestate, by appointment of the Court of Probate; the office of guardian, or other trustee of any estate which may be held in trust by appointment of any person or Court of competent authority to make such appointment, and the office of trustee under any mortgage; and, in any such case, the said company, or executor, administrator or trustee shall be subject to the same measure of accountability, and to the same rules and regulations of law which pertain to such trusts when held and exercised by natural persons, except that, in lieu of any bond to be required of said company for the administration of any trust, the capital stock and other assets of the company shall be pledged for the faithful discharge of any trust. Liability of SEC. 13. That the stockholders of said corporation shall be liable stockholders. to the amount of their respective share or shares of stock in said OF SOUTH CAROLINA. 143 corporation for all its debts and liabilities upon note, bill or other- ^A D. 1872 wise; alnd, further, no Director or other officer of said corporation shall borrow any money from said corporation. And if any Director or other officer shall be convicted, upon indictment of, directly or indirectly, violating this Section, he shall be punished by fine or imprisonment, at the discretion of the Court. The books and accounts of said corporation shall be open to inspection, under such regulations as may be prescribed by law. SEC. 14. This Act shall be deemed a public Act, and shall be judicially taken notice of without special pleading; and the charter hereby granted shall be in force from its passage, and continue in force for a period of thirty years. Approved March 9,1872. AN ACT TO INCORPORATE THE FIREMEN'S UNION, OF CHAIRLES- NO. 108. TON, S. C. SECTION 1.,Be 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 authority of the same, That Thomas S. Den- Corporators. nison, John R. Campbell, Parris S. Attles, H. Bolden Pickinpack, Arthur B. Mitchell, Nathan S. Robinson, Daniel L. Brown, Wm. E. Elliott, and such other persons as may now, or hereafter shall be, associated with them, are hereby made and declared to be a body politic and corporate, by the name and style of "The Firemen's Union, of Charleston, S. C." SEC. 2. That the said association shall have succession of officers and members, according to its by-laws; shall have power to make corporate by-laws, not repugnant to law; and to have and use acommon seal, and the same to alter at will; to sue and be sued, plead and be impleaded, in any Court in this State; to retain, possess and enjoy all Powers and privileges. real and personal property that it may now have, or may hereafter r acquire, to the value of ten thousand dollars; and it is hereby empowered, at any time it may be deemed beneficial to the corporation, to sell, alien or transfer the same. SEC. 3. That this Act shall be deemed a public Act, and continue in force until repealed. Approved March 9, 1872. 144 STATUTES AT LARGE A. D. 1872. AN ACT TO INCORPORATE THE GRAND LODGE OF FREE AND "~0 ACCEPTED ANCIENT YORK MASONS OF THE STATE OF SOUTH NSo. 109. CAROLINA, AND THE SUBORDINATE LODGES UNDER ITS JURISDICTION. SECTION 1. Be 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 authority of the same, That George E. orp. Johnson, Wm. H. Birney, T. B. Maxwell, Wm. B. Nash, B. A. Bosemon, Jr., H. J. Maxwell, H. E. Hayne, Wim. Inglis, Jr., Wim. C. Young, H. L. Bell, R. B. Elliott, R. E. Dereef, J. A. Bowley, R. H. Gleaves, W. H. Jones, Jr., and their successors in office, be, and they are hereby, incorporated, by the name of " The Most 7VorCorporate shipful Grand Lodge of Free and Accepted Ancient York Masons, of the State of South Carolina," and by that name shall have capacity to sue and be sued, plead and be impleaded, in any and all of the Courts of this State; to contract and be contracted with; to have a' common seal, and to alter the same at pleasure. And the Powers and privileges. said Grand Lodge, through its four principal officers, shall have perpetual succession, and may grant dispensations and charters to subordinate Lodges, to be subject to and under its Masonic jurisdiction, and make, ordain and establish its constitution,,by-laws, rules and regulations, not inconsistent with the Constitution or laws of this State, or of the United States; and may acquire, hold and 6njoy so rmach real estate as may be necessary for the erection of proper buildings and offices, not to exceed ten acres, for carrying on and conducting its business; and, in the erection of its Lodge room, may erect store rooms or offices in'the lower stories thereof, and rent out the same and collect the rent, and hold or loan the same out, as the Grand Lodge may desire, subject to the regulations hereinafter prescribed. SEC. 2. That said Grand Lodge shall have power to collect its Power to collect reve- revenue and to apply the same, according to the ancient custom of nue and dispose of the the order, or may loan out the same for the purpose of aiding in same.'me. ~benevolent enterprises, or for the purposes of accumulation: ProProviso. vided, That the funds, in money or choses in action, shall not exceed, in available assets, the sum of fifty thousand dollars at any one time, and shall not be loaned upon usurious interest, nor shall the funds or accretions thereof be used otherwise than for the payment of the expenses of the said Grand Lodge, and for charitable purposes; and being thus set apart, the same shall not be liable to taxation. SEc. 3. That all contracts made, or obligations assumed heretofore, which are not inconsistent with the laws of the land, by said OF SOUTH CAROLINA. 145 Grand Lodge, be, and the same are hereby, made valid and binding A. D 1872. upon said Grand Lodge, as organized under this charter; and the acceptance of this charter by a resolution of said Grand Lodge shall be all that is required to complete its organization under the same. SEC. 4. That the three principal officers of each subordinate lodge, under the jurisdiction of this Grand Lodge, and their successors in office, be, and the same are hereby, created a body politic and corporate, so far as to enable them, for each of their respective lodges, to receive, hold and enjoy, possess and retain property, both real and personal, not exceeding in value the sum of twentyfive thousand dollars, and to sell, alien, or lease the same, in any manner deemed advisable by said subordinate lodges, and which said subor- Subordinate Lodges, chardinate lodges shall be, and are hereby, incorporated by the name ters of, pro-. vided lor. specified in the charter or dispensation granted by the said Grand Lodge to each of them, respectively, which said charters or dispensations, whether granted heretofore or hereafter by said Grand Lodge, shall be evidence of the fact of incorporation under this Act, in any Court of this State, without further proof; and by such name said subordinate lodges may sue and be sued, plead and be Powers, &c. impleaded, and do all things enjoined by the said Grand Lodge, not inconsistent with the Constitution or laws of the land, and within the scope and purview of the powers hereby conferred upon said Grand Lodge; and the said subordinate lodges, respectively, shall retain their said corporate powers so long as the said Grand of chalter. Lodge shall continue their respective charters or dispensations, but shall cease to possess any corporate existence when the charter or dispensation shall have been revoked or taken away by said Grand Lodge; and all the effects of such subordinate lodge as may forfeit its charter or dispensation shall belong to the said Grand Lodge; and each subordinate lodge shall have the same powers, with respect to its assets, as are conferred by the second Section of this Act upon the Grand Lodge. SEC. 5. That the said Grand Lodge, and such subordinate lodge Power to hold and disunder its jurisdiction, shall have, respectively, power to receive by pose of propgift, grant, contract, devise or donation, by will, subscription or ery. otherwise, any personal or real estate, not exceeding in value the sum hereinabove mentioned as the maximum of their assets, respectively, and shall have power to sell, alien or dispose of the same; and no such gift, grant, contract or devise, or donation by will, subscription or otherwise, shall fail by reason of any misdescription in the name of such corporation; and all contracts or agreements which may have been lawfully entered into by said subordinate lodges, under their organization heretofore, shall be binding upon them in their 10 146 STATUTES AT LARGE A. D. 1872. several corporate capacities under this Act; and the same nay be w'~ enforced by them, respectively; and the property and effects owned by them, being dedicated to charitable purposes only, shall be exempt from taxation. SEC. 6. That this Act shall be deemed and taken as a public Act, and notice thereof shall be taken in all the Courts of Justice and elsewhere in this State, and shall be given in evidence on any trial of any issue or cause, without specially pleading. Approved March 9, 1872. No. 110. AN ACT TO RENEW THE CHARTER OF THE HOPE STEIAM FIRE ENGINE COMPANY, OF CHARLESTON. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, Renewal of and by the authority of the same; That the charter of the Hope charter. Fire Engine Company, of Charleston, is hereby renewed and continued in force until repealed, and the said company is hereby authorized to adopt the name and style of the Hope Steam Fire Engine Company, of Charleston: Provided, The said Hope Steam Fire Engine Company, of Charleston, and the members thereof, Subject to shall, at all times, be subject to the provisions of the 12th- Section p of isi36. of the Act passed on the 21st day of December, in the year 1836, entitled " An Act for the better regulating of the Fire Department of the City of Charle ton." Approved March 9, 1872. No. 111. AN ACT TO AMEND SUNDRY SECTIONS OF THE CODE OF PROCEDURE RELATING TO THE CIRCUIT COURTS. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Aqsembly, and by the authority of the same, That the Counties Second cir- of Aiken, Beaufort, Barnwell and Colleton shall constitute the cuit. Third Cir- Second Circuit; that the Counties of Sumter, Clarendon, Williams-. burg and Georgetown shall constitute the Third Circuit; that the Fourth Circuit. Counties of Chesterfield, Marlboro, Darlington, Marion and Horry Sixth Circuit. shall constitute the Fourth Circuit; that the Counties of Chester, OF SOUTH CAROLINA. 147 Lancaster, York and Fairfield shall constitute the Sixth Circuit; A D. 1872. that the Counties of Newberry, Laurens, Union and Spartanburg Ren~tiCr shall constitute the Seventh Circuit. cult. SEC. 2. The Circuit Courts in the Second Circuit shall be held Second Circuit. as follows: 1. The Court of General Sessions, at Aiken, for the County of Aiken, on the second Monday of January, May and September; and the Court of Common Pleas, at Aiken, for the Aiken. County of Aiken, on the first Wednesday after the second Monday of January, May and September. 2. The Courtof General Sessions, at Blackville, for the County of Barnwell, on the third Barnwell. Monday in January, May and September; and the Court of Cornmon Pleas, at Blackville, for the County of Barnwell, on the fourth Monday of January, May and September. 3. The Court of General Sessions, at Beaufort, for the County of Beaufort, on the first Mon-.Beaufort. day of February, June and October; and the Court of Common Pleas, at Beaufort, for the County of Beaufort, on the second Monday of February, June and October. 4. The Court of General Sessions, at Walterboro, for the County of Colleton, on the third.Mon- Coileton. day of February, June and October; and the Court of Common Pleas, at Walterboro, for the County of Colleton, on the fourth Monday of February, June and October. SEC. 3. The Circuit Courts in the Third Circuit shall be held- as Third Cirfollows: 1. The Court of General Sessions, at Sumter, for the County cuit' of Sumter, on the second Monday of January, May and October; Sumte and the Court of Common Pleas, at Sumter, for the County of Sumter, on the first Wednesday after the second Monday of January, May and October. 2. The Court of General Sessions, at Manning, for Clarendon. the County of Clarendon, on the fourth Monday of January; May and October; and the Court of Common Pleas, at Manning, for the County of Clarendon, on the first Wednesday after the fourth Monday of January, May and October. 3. The Court of General Sessions, at Kingstree, for the County of Williamsburg, on the first WilliamsMonday after the fourth Monday of January, May and October; and the Court of Common Pleas, at Kingstree, for the County of Williamsburg, on the first Wednesday after the fourth Monday of January, May and October. 4. The Court of General Sessions, at Georgetown, for the County of Georgetown, on the second Monday Georgetown. after the fourth Monday of January, May and October; and the Court of Common Pleas, at Georgetown, for the County of Georgetown, on the first Wednesday after the second Monday after the fourth Monday of January, May and October. SEC. 4. The Circuit Courts in the Fourth Circuit shall be held as Fourth Circuit. follows: 1. The Court of General Sessions, at Chesterfield, for the County Chesterfield. 148 STATUTES AT LARGE A D. 1872. of Chesterfield, on the first Monday of January, May and September; and the Court of Common Pleas, at Chesterfield, for the County of Chesterfield, on the first Wednesday after the first Monday of January, May and September. Marlboro. 2. The Court of General Sessions, at Bennettsville, for the County of Marlboro, on the third Monday of January, May and September; and the Court of Common Pleas, at Bennettsville, for the County of Marlboro, on the first Wednesday after the third Monday of January, May and September. Darlington. 3. The Court of General Sessions, at Darlington, for the County of Darlington, on the first Monday of February, June and'October; and the Court of.Common Pleas, at Darlington, for the County of Darlington, on the first Wednesday after the first Monday of February, June and October. Marion. 4. The Court of General Sessions, at Marion, for the County of Marion, on the third Monday of February, June and October; and the Court of Common Pleas, at Marion, for the County of Marion, on the first Wednesday after the third Monday of February, June and October. Horry. 5. The Court of General Sessions, at Conwayboro, for the County of Horry, on the first Monday after the fourth Monday of March, July and November; and the Court of Common Pleas, at Conwayboro,.for the County of Horry, on the.first Wednesday after the first Monday after the fourth Monday of March, July and November. Sixth Circuit. SEC. 5. The Circuit Courts in the Sixth Circuit shall be held as follows: Chester. The Court of General Sessions, at Chesterville, for the County of Chester, on the first Monday of January, May and September; and the Court of Common Pleas, at Chesterville, for the County of Chester, on the first Wednesday after the first Monday of January, May and September. Lancaster. 2. The Court of General Sessions, at Lancaster, for the County of Lancaster, on the first Monday of February, June and October; and the Court of Common Pleas, at Lancaster, for the County of Lancaster, on the first Wednesday after the first Monday of February, June and October. York. 3. The Court of General Sessions, at Yorkville, for the County of York, on the first Monday of March, July and November; and the Court of Common Pleas, at Yorkville, for the County of York, on the first Wednesday after the first Monday of March, July and November. Fairfield. 4. The Court of General Sessions, at Winnsboro, for the County of Fairfield, on the first Monday of April, August and December; OF SOUTH CAROLINA. 149 and the Court of Common Pleas, at Winnsboro, for the County of A D. 1872. Fairfield, on the first Wednesday after the first Monday \of April, C-Y August and December. SEC. 6. The Circuit Courts in the Seventh Circuit shall be held Seventh Ciras follows: cut'1. The Court of General Sessions, at Newberry, for the County Kewberry. of Newberry, on the third Monday of January, May and September; and the Court of Common Pleas, at Newberry, for the County of Newberry, on the first Wednesday after the third Monday of January, May and September. 2. The Court of General Sessions, at Laurensville, for the County Laurens of Laurens, on the third Monday of February, June and October; and the Court of Common Pleas, at Laurensville, for the County of Laurens, on the first Wednesday after the third Monday of February, June and October. 3. The Court of General Sessions, at Unionville, for the County Union. of Union, on the third Monday of March, July and November; and the Court of Common Pleas, at Unionville, for the County. of Union, on the first Wednesday after the third Monday of March, July and November. 4. The Court of General Sessions, at Spartanburg, for the County Spartanburg. of Spartanburg, on the first Monday after the fourth Monday in March, July and November; and the Court of Common Pleas, at Spartanburg, for the County of Spartanburg, on the second Monday after the fourth Monday in March, July and November. SEC. 7. That ail writs and processes which shall have been made writs and processes, isreturnable to the Courts of any of the said Counties, according to sued according to laws the laws heretofore of force, shall be legal and valid, to all intents heretofore of &> n i ^ 1 1 11. 1. ^ ^ ~~~~~force, legal and purposes, for the Courts next to be held in the said Counties, andvalid. respectively, according to the provisions of this Act; and all persons Jurors and already summoned, or who may hereafter be summoned, to attend summoned the Coirts of any of said Counties, as jurors or witnesses, or who are laws heretofore of force, now, or hereafter shall be, bound in recognizance to appear at any required to of the said Courts, according to the laws heretofore of force, shall be, appr held and are hereby, required to attend or appear at the Courts of the alcding to said Counties, respectively, next to be held, according to the provisions of this Act. Approved March 9, 1872. AN ACT TO INCORPORATE THE CHARLESTON, GEORGETOWN AND No. 112. CONWAYBORO RAILROAD COMPANY. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in Gen 150 STATUTES AT LARGE A. D. 1872. eral Assembly, and by the authority of the same, That for the purpose of constructing a railroad, of one or more tracks, from some point at or near the city of Charleston, through the Counties of Charleston and Georgetown, to some point at or near the town of Georgetown, and thence through Horry County, to some point at or near Conwayboro, thence to the North Carolina State line, that Corporators. C. B. Stuart, Henry M. Drane, Ed. R. Wiggin, Samuel P. Vick, Win. A. Greenleaf, W. H. McDowell, John Douglass, W. F. Johnston, J. Walker, and their associates, successors and assigns, are Corporate hereby created a body politic and corporate, under the name of the name. Charleston, Gebrgetown and Conwayboro Railroad Company, and, by such title, shall have a corporate existence for the term of thirty (30) years; and may sue and be sued, plead and be impleaded, in every proper Court of the State of South Carolina; and may have Generalpow. and use a common seal, which it may change or alter at pleasure; ers. and shall be capable of purchasing, holding, using, leasing and conveying estate, real, personal and mixed, and other. property, and acquiring the same by gift or devise; and may make all necessary by-laws and regulations for its government, not inconsistent with the Constitution and laws of the State of South Carolina, and of the United States. Line of road. SEC. 2. That the said company be, and is hereby, authorized and empowered to construct, maintain and operate a railroad, of one or more tracks, extending from some point at or near Charleston, to some point at or near Georgetown, thence to some point at or near Conwayboro, thence to some point on the North Carolina State line in Horry County, the particular route of same to be determined upon by thecompany after the same shall have been formed. Capital. SEC. 3. That the capital stock of said company shall be three Shares. millions of dollars, in shares of one hundred dollars each, with the privilege of increasing the said capital stock to such an amount as may be found necessary to construct, equip and maintain the said railroad; and the shares shall be personal property, transferable in such manner as the by-laws may direct; and, for the raising of such capital stock, it shall be lawful to open books of subscription, at such times and places, and under the direction of such persons, as Subscrip- said company may determine. That the said subscriptions to the capital stock may be made in money, bonds, lands, material or work at such rates, and on such terms as may be agreed upon at the Articles of time of such subscription. A copy of any articles of association, associ tion to befiled in of- signed by the incorporators named in this Act, or any number of flee Secretary of State. them, not less than five, may be filed in the office of the Secretary of State, and, thereupon, the persons subscribing such articles of association, and all persons who shall become stockholders in such OF SOUTH CAROLINA. 151 company, shall, be a corporation, in deed and in law, for the pur- A. D 1872. p6ses herein set forth, and shall be considered organized by such act of association. SEC. 4. That the company hereby authorized shall be allowed six Time in which to file months; after the passage of this Act of incorporation, in which to said articles. file the articles of association in the office of the Secretary of State, as provided for in Section 3. And the railroad hereby authorized to be constructed shall be commenced within two years after the Time of compassage of this Act, or otherwise the charter shall be void. road limited. SEC. 5. That the said railroad company is hereby author- Telegraphs. ized to construct and operate one or more lines of telegraph along its railway, charging and collecting such remuneration for messages or dispatches as the President and Board of Directors may determine. The said company may connect, said line of telegraph with the lines of any other, company in this or any adjoining State, and may lease, farm out, or sell the above right, as, in the ljudgment of the President and Board of Directors, may most advantageous to the interest of the company. SEC. 6. That the said company is hereby authorized and empow- gMay mort. gage its propered to mortgage any or all of its property and franchises, and issue erty. bonds and preferred stock to an amount, and on such terms and conditions, and for such uses and purposes of the said corporation, as the President and Directors thereof deem expedient for the best interests of the company. SEC. 7. That the said company is hereby authorized and empow- Right of con. solid ation ered to merge and consolidate its capital stock, estate, real, personal with other'.1 I roads. and mixed, franchises, rights, privileges and property into and with the capital stock, estate, real, personal and mixed, franchises, rights, privileges and property of any other railroad company or companies, chartered by and organized under the laws of this or any other State. or States, whenever the two or more railroad,companies so to be merged and consolidated shall or may form a continuous line of railroad with each other, or by means of any intervening railroad, bridge or ferry; and such consolidation shall or may be effected in such manner, and on such terms and conditions, as the President and Board of Directors mav determine. SEC. 8. That the said railroad company shall be subject to the Subject to provisions of provisions of an Act of the General Assembly of South Carolina, Actof 1868. passed September 22, 1868, entitled "An Act to declare the manner by which the lands, or right of way over the lands, of persons or corporations may be taken for the construction and uses of railways and other works of internal improvement:". Provided, however, That nothing herein contained shall be so construed as to exempt the said company from the payment of taxes. 152 STATUTES AT LARGE A. D. 1872. SEC. 9. That this Act shall go into effect on and after its passage; and all Acts or parts of Acts inconsistent with any of the provisions of this Act are hereby repealed. Approved March 9, 1872. No. 113. AN ACT TO INCORPORATE THE BEAUFORT HORSE RAILROAD COMPANY, IN THE TOWN AND COUNTY OF BEAUFORT. SECTION 1. Be 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 authority of the same, That Robert Corporators. Smalls, R. S. Bennett, P. E. Ezekiel, James M. Crofut, W. J. Whipper, J. B. Bascomb, Samuel Green, J. W. Collins, N. B. Meyers, E. Nehemias, and all those persons who may hereafter be associated with them, be, and the same are hereby, made and declared corporate a body corporate, under the style and title of the Beaufort Horse name. Railroad Company, and, by such title, may sue and be sued, and may plead and be impleaded; and shall have authority and power to take, subscribe and raise a capital stock to the amount of twentyCapitalstock. five thousand (25,000) dollars, in shares of twenty-five (25) dollars each, for the purpose herein specified; and they are hereby further authorized and empowered to increase the said capital stock to the sum of fifty thousand dollars: Provided, That such increase shall be assented to by the majority of the stockholders. Route. SEC. 2. That the said Beaufort Horse Railroad Company, of Beaufort, shall have power and authority to lay a railway track from the east end of Bay street, in the town of Beaufort, through and along Bay street, and connecting with the Port Royal Railroad, and such other points as they may deem most advantageous. General pow- SEC. 3. That the said Beaufort Horse Railroad Company, of'ers. Beaufort, shall be able and capable, by its corporate name, to buy property, and to sell, for the purpose of its business; to sue and be sued, to plead and be impleaded, in any Court of law or equity in this State; and have succession of officers and members; and shall have power to make by-laws, not repugnant to the laws of the land, for the government and good order of its members, as shall be deemed expedient by a majority of the stockholders; and to have a common seal, and to alter and make new the same. Tssue of SEC. 4. That the said Beaufort Horse Railroad Company, of bonds. Beaufort, shall have power and authority to issue bonds to an amount equal to one-half of the capital subscribed, the same to be OF SOUTH CAROLINA. 153 redeemable at such time, not exceeding ten (10) years, as may be A D.1872. agreed upon by the said company, and to bear interest at seven per cent. per annum, payable semi-annually. SEC. 5. That this Act shall remain in force, and continue for the term of ninety-nine (99) years. SEC. 6. That all Acts or parts of Acts inconsistent with this Act are hereby repealed. Approved March 12, 1872. AN ACT TO PREVENT CERTAIN OFFICERS FROM BUYING, DIS- NO. 114. COUNTING OR SHAVING TEACHERS' PAY CERTIFICATES OR OTHER ORDERS ON SCHOOL FUNDS, OR JURORS' CERTIFICATES. SECTION 1. Be 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 authority of the same, That it is hereby certain offideclared to be unlawful for any County Treasurer, County Auditor, ted fror dealp County School Commissioner or School Trustee to buy, discount or ers iand ju. rors' certifishave, directly or indirectly, or be in any way interested in any cates. teacher's pay certificate or other order on school funds, or jurors' certificates. SEC. 2. That, if any of the officers aforesaid shall violate the Penalty for volation -of provisions of Section 1 of this Act, he shall be deemed to be guilty thi Act.,of a misdemeanor, and, on conviction thereof, shall pay a fine of not less than five hundred (500) dollars, nor more than two thousand (2,000) dollars, to be used for school purposes in his County, and shall be imprisoned at the discretion of the Court, or either, or both. SEC. 3. That this Act shall take effect from its passage. Approved March 12, 1872. AN ACT TO INCORPORATE THE BULL RIVEI AND PORT ROYAL NO 115 RAILROAD COMPANY. SECTION 1. Be 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 authority of the same, That, for the pur 154 STATUTES AT LARGE A. D. 1872^ pose of establishing a railroad from some point on Bull River, to a junction with the Port Royal Railroad, at a point at or near Whale Branch, a charter, with the rights and privileges incidental to the same, be, and the same is hereby, granted to and vested in D. C. Corporators. Wilson, Robert Smalls, J. G. Thompson, W. J. Whipper, J. M. Crofut, N. B. Myers, F. E. Wilder, J. B. Bascomb, W. M. French, Samuel Green, P. L. Wiggin, S. B. Thompson, Alfred Williams, M. Pollitzer, P. Coxum, W. E. Towne, J. S. Brown, J. S. Mobley, and their associates; and when a company shall be formed, in comp'liance with the conditions herein prescribed, it shall be known by Corporate the name of the Bull River and Port Royal Railroad Company, name. and shall have a corporate existence, as a body politic, in perpetuity. Capitalstock. SEC. 2. That the capital stock of said company shall be one million (1,000,000) dollars, in shares of twenty-five dollars each; and, in order to raise the said capital stock, it shall be lawful to Books of open books of subscription in such places, and at such times, as may subscription be deemed for the best interest of the corporation, under the direction of the corporators; the times and places for receiving such subscriptions to be determined by a majority of the incorporators; but should such majority fail to fix such times and places, they may be fixed by any four of the corporators hereinbefore named, they having first given due notice of the same in any newspaper published in Beaufort or Charleston Counties; and said subscription books shall be kept open for twenty days from such time, and Notice to be at such places, as said corporators may determine. When fifty given wen thousand dollars shall have been subscribed, the said corporators, certain amounts are or any four of them, shall give notice, by publication for at least subscribed. ten days, of the time and place of meeting for organization. Corporation SEC. 3. Whenever the said sum of fifty thousand dollars shall entitled to have been subscribed, the subscribers, their executors, administraprivileges conferred on tors and assigns, shall be, and they are hereby declared to be, inPort Royal R. R. Compny. corporated into a company, with all the rights, powers and privileges conferred upon the "Port Royal Railroad Company," by an Act entitled "An Act to charter the Port Royal Railroad Company," ratified December the 21st, A. D. 1857: Provided, That nothing herein contained shall be so construed as to exempt said company from the provisions of Section 1 of Chapter 63 of the General Statutes. Issue of SEC. 4. That said " Bull River and Port Royal Railroad Combonds. pany" shall have power to mortgage'its property and franchises, and issue bonds, at such rates of interest, and upon such terms and conditions, and for such uses and purposes of said corporation, as the Board of Directors thereof may deem expedient. OF SOUTH CAROLINA. 155 SEC. 5. That no other railroad shall be constructed with a ter- A D 1872. minus or point of beginning within ten miles of the line of said No railroad "Bull River and Port Royal Railroad " for a period of ten years. to be constructed withSEC. 6. That the said company shall have the right to build i, ten miles.-~~~ ^ * ^ of line of bridges across navigable rivers: Provided, They shall put in good said road. and sufficient draws, and shall construct necessary stations and Tl My build bridges. turn-outs, and shall have one or more tracks to the road, with such gauge as will correspond with that of the "Port Royal Railroad." SEC. 7. Nothing herein contained shall be so construed as to exempt the said company from the payment of taxes. SEC. 8. Said railroad shall be commenced within one year, and completed within seven years, after the passage of this Act. Approved March 12, 1872. AN ACT TO RENEW AND AMEND THE CHARTER OF ERSKINE NO. 116. COLLEGE, AT DUE WEST, IN ABBEVILLE COUNTY, S. C. SECTION 1. Be 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 authority of the same, Th t Rev. J. Corporators. Boyce, D. D., Rev. W. M. Grier, J. L. Miller, J. W. Hearst, P. H. Bradley, W. K. Bradley, D. O. Hawthorne, J. L. Pressley, W. S. Lowry, Wm. Hood, Rev. J. N. Young, Rev. J. I. Bonner, J. P. Kennedy, Rev. J. P. Pressley, D. D., Rev. J. C. Chalmers, Rev. H. T. Sloan, J. Pratt, Rev. R. A. Ross, Rev. R Latham, R. C. Sharp, Rev.-R. A. Fair, R. W. Lites, Rev. J. Galloway, Rev. R. W. Brice, J. Neil, James Lowry, Rev. J. C. Boyd, Rev. W. L. Pressley, S. Donald, R. R. Hemphill, and their successors in office, be, and they are hereby, created a body politic and corporate, by the name and Corporate style of the " Trustees of Erskine College," a seminary of learning, situated at Due West, in Abbeville County, in the State of South Carolina; and as such, and by said name, shall be capable and liable, in law and equity, to sue and be sued, plead and be impleaded; to Generalpowuse a common seal; and to make such by-laws and rules for the regulation and government of said college, as they may deem necessary: Provided, That said by-laws and rules be not repugnant to the Constitution and laws of this State, or of the United States. SEC. 2. That Sections 2, 3, 4, 5 and 6 of an Act entitled " An Act to charter and incorporate Erskine College, at Due West, in 156 STATUTES AT LARGE A. D. l72. Abbeville District," ratified December 20, 1850, be, and the same are hereby, continued in force. SEC. 3. This Act shall be taken and deemed to be a public Act, and continue in force until repealed. Approved March 12, 1872. No. 117. AN ACT TO CHANGE THE NAMES OF TYRRELL WILLARD AND IDA WILLARD, AND MAKE THEM THE LEGAL HEIRS OF T. J. JONES. Preamble. Whereas it is the desire of the mother of two children, bearing the names of Tyrrell Willard and Ida Willard, to have their names changed, and that they should become the legal heirs of T. J. Jones; and whereas it is also the desire of T. J. Jones to adopt said children and make them his legal heirs; now, therefore, Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met ahd sitting in General Assembly, Change of and by the authority of the same, That the names of Tyrrell names. Willard and Ida Willard be changed to that of Tyrrell Jones and Ida Jones, and that they be declared the legal heirs of T. J. Jones. Approved March 12,1872. No. 118. AN ACT TO INCORPORATE THE COLUMBIA ARTIFICIAL STONE AND CEMENT COMPANY. SECTION 1. Be 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 authority of the same, That E. M. Corporators. Stoeber, A. Falk, and others, and their associates and successors, are hereby made and created a body politic and corporate, under Corporate the name and style of the Columbia Artificial Stone and Cement name. Company, with a branch at Charleston, S. C., for the purpose of manufacturing artificial stone and cement, with a capital of five thousand dollars, with the privilege to increase-the consent of the stockholders first had and obtained. SEC. 2. That the said company shall have such officers as shall Powers and be ordained and chosen by the rules and by-laws to be made for privileges. their government, and shall have power and authority to make all OF SOUTH CAROLINA. 157 rules and by-laws, not repugnant to the laws of the land; to regulate A. D. 187. the issue of script and transfer of shares; to have and keep a common seal, and the same to alter at will; to sue and be sued, plead and be impleaded, in any Court of law or equity; to purchase, take and hold, sell and alien, in fee simple, or for any less estate, lands, tenements, hereditaments, goods, chattels, rights and credits, which may be connected with, or in any manner conducive to, the purposes for which said company is established: Provided, That this company shall enjoy all the privileges, and be subject to all the liabilities and restrictions, of the Act entitled "An Act to regulate the formation of corporations." SEC. 3. That the State of South Carolina give and grant to the Empowered to dig and re" above named company the right to dig and remove, for the term of move gravel, sand, &c., twenty years, from the beds of streams and waters within the juris- from beds of diction of the State of South Carolina, the gravel, sand and shell lime there deposited: Provided, That the persons named, and their associates, shall not, in any way, interfere with the free navigation of the streams of the State, or dig, mine, or remove any phosphate rock or phosphates, or to interfere with the private rights of any citizen residing upon, or owning the lands upon, the banks of the said rivers: And it i.? further provided, That said company shall pay into the State Treasury, on the first Monday of April in each Royalty. year, a royalty. of twenty dollars, as compensation for the within privilege, if exercised by the grantees. Approved March 12,1872. AN ACT TO INCORPORATE THE ORANGEBURG COUNTY FAIR No. 119. ASSOCIATION. SECTION 1. Be 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 authority of the same, That Wm. F. Bar- Corporators. ton, Samuel Dibble, Harpin Riggs, Laurence R. Beckwith, Wesley W. Culler, James D. Trezevant, Benjamin Byas, J. L. Jamison, Henry Johnson and T. K. Sasportas, and their associates and stccessors, be, and they are hereby declared to be, a body corporate and politic, in law and in deed, by the name of the " Orangeburg Corporate County Fair Association," and by the said name shall have perpetual succession of officers and members, and a common seal, with power to change the same as often as the said corporation shall Powers and judge expedient; and the said corporation shall be liable and capa- privilegeS 158 STATUTES AT LARGE A- D 1872- ble in law to purchase, have, hold, receive, enjoy, possess and retain to itself and its successors, in perpetuity, any and every estate, real or personal, whether accruing to the same by gift, purchase, devise or conveyance, not exceeding in value fifty thousand dollars, and the same, or any part thereof, to sell,'alien, devise or exchange as often as the said corporation may deem proper; and, by its name, to sue and be sued, implead and be impleaded, answer and be answered, in any Court of law in this State; and to make all such by-laws and rules for the government of the said corporation as may, from time to time, be deemed necessary: Provided; Such by-laws and rules be not repugnant to the laws of the land. Objects of SEC. 2. That the principal end of the- said corporation shall be corporation. the promotion, of agriculture, mechanical arts, and other industry and ingenuity, through an annual Fair, and other appropriate measures, according to such rules and regulations as they may see fit to establish. Liability of SEC. 3. That the members of the said corporation slall be, sevemember rally, liable for all debts and contracts of said corporation only to the extent and amount of their respective shares therein; and the capital stock of the said corporation shall not be less than five thousand nor more than fifty thousand dollars. Property ex- SEC. 4. That the property and stock of the said corporation shall taxationr be exempted from County and municipal taxation, so long as no dividends shall be declared and distributed among its members. SEC. 5. That this Act shall be deemed a public Act, and shall be taken notice of in all the Courts of this State without being specially pleaded. Approved Match 12, 1872. No. 120. AN ACT TO INCORPORATE THE TRAcTION STEAM ENGINE COMPANY, OF THE CITY OF COLUMBIA. SECTION 1. Be 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 authority of the same, That Richard Corporators. Tozer, John Bratton, Edward Hope, George Symmers, T. W. Woodward, George Dial, J. MeKenzie, S. H. Spencer, William Simons, A. Goodson, W. B. Nash, F. J. Moses, Jr., William Green, James Davis, S. B. Thompson, R. Tarlton, together with such other persons who now are, or hereafter may be, associated with them, be, OF SOUTH CAROLINA. 159 and are hereby, incorporated and declared a body politic and cor-. D-'172. porate, under the name and style of the Traction Steam Engine ~Coorate Company, of the City of Columbia, for the purpose of manufac- name. turing, selling, and using the same, and also for the transaction Purposes of corporation. of all such business as may be connected with the same. The capital stock shall consist of twenty thousand (20,000) dollars, in Capital. shares of fifty (50) dollars each, with the privilege to increase it to any extent not exceeding fifty thousand (50,000) dollars, with the consent of a majority of the stockholders being first had and obtained. SEC. 2. That the said corporation shall have such number and Powers and privilegos. succession of officers and members as-shall be ordained and chosen according to the constitution, rules and by-laws made, or to be made, by the said corporation for its government; and shall have power and authority to make any such constitution, rules or by-laws, as are not repugnant to the Constitution and laws of the land; shall have and keep a common seal, and alter the same at will; shall sue and be sued, plead and be impleaded, in any Court of law in this State; and shall have and enjoy all and every right and privilege incident and belonging to corporate bodies. SEC. 3. That the said company shall be empowered to purchase, May hold and dispose of retainand enjoy all such property, real and personal, as it may property. possess, be entitled to, or which shall hereafter be given, bequeathed to, or in any manner be acquired by it, and to sell, alien, or transfer the same. SEC. 4. That the said company shall have the power to erect Power to machine shops, and other buildings necessary to carry on the said criet shps business. That they shall have the power to use such engines in ind use enany part of the State of South Carolina, for the purpose of drayage, carrying passengers, or cultivating land, and may use the same in any corporated city: Provided, No damage to life or property en- Proviso. sues-: Provided, That said corporation shall be liable for the payment of any and all damages done to life and property. SEC. 5. That the said company may open books for subscriptions Subscription. to the capital stock in the city of Columbia, or elsewhere, at their discretion. SEC. 6. That the private as well as the corporate property of the Liability of corporators. corporators shall be liable for all debts contracted for the corpora- tion by its authorized agents. SEC. 7. That the said corporation shall have a legal existence from'the time of the passage of this Act, and this Act shall continue in force until repealed. Approved March 12, 1872. 160 STATUTES AT LARGE A. D. 1872 AN ACT FOR THE PROTECTION AND PRESERVATION OF USEFUL ANIMALS. No. 121.' SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in Killing or General Assembly, and by the authority of the same, That it shall worrying of deer unlaw- not be lawful for any person in this State to kill any deer, or worry ful. them with dogs, or otherwise, with the intention of destroying them, between the first day of January and the first day of September, in any year hereafter. Penalty for SEC. 2. That any person violating the foregoing provision of this Violating~said... provision. Act, shall, upon conviction thereof, be fined not less than twenty dollars, or be imprisoned not less than twenty days, which fine, if imposed, shall be recoverable before any Court of competent jurisdiction; one-half thereof shall go to the informer, and the other half thereof to the school fund of the said County. Persons hav- SEC. 3 That any person in whose possession recently killed venigosessior, son, or fresh deer skins,' shall be found, between the dates above &c., liable as above. mentioned, shall be liable to the same penalty as those violating Section 2 of this Act. ui.ling or SEC. 4. That it shall not be lawful for any person, in this State, tnjurg cer between the 15th day of February and the 15th day of October, in lawful. any year hereafter, to catch, kill, or injure, or to pursue, with such intent, or sell, or expose for sale, any wild turkey, partridge, dove, wood-cock, snipe or pheasant; and any person found guilty thereof Penalty. shall be fined not less than ten dollars, or be imprisoned not less than ten days, which fine, if imposed, shall go one-bhalf thereof to the informer, and the other half thereof to the school fund of the County where the offense was committed. Shooting or SEC. 5. That it shall not be lawful for any person, in this State, entrapping certtai birgds to wantonly shoot, or entrap, for the purpose of killing, or in any unlawful. other manner destroy, any bird whose principal food is insects, or take or desroy the eggs or young of any of the species or varieties of birds that are protected by the provisions of this Act, comprising all the species and varieties of birds represented by the several families of swallows, bats, whip-poor-wills, fly-catchers, thrashers, warblers, finches, larks, orioles, nut-hatchers, wood-peckers, humming birds, mocking birds, blue birds, red birds and robins, and all other species and varieties of land birds, whether great or small, of every description, regarded as harmless in their habits, and whose flesh is unfit for food, including the turkey buzzard, but excluding the jackdaw, the crow, the crow blackbird, the eagle, and all hawks and owls, which prey upon other birds; and any person violating the provisions of this Section shall, on conviction thereof, forfeit and pay a OF SOUTH CAROLINA. 161 fine of ten dollars, or be imprisoned not less than ten days, which fine, A. ). s172. if imposed, shall go one-half to theinformer, and the other half thereof Pei, alty. to the school fund of the County in which the offense was committed: Provided, That no person shall be prevented from protecting any crop of fruit or grain on his own lands from the depredations of any birds herein intended to be protected. SEC. 6. Whenever aperson shall have made or created an artificial pond on his own land, and shall put therein any fish, or the eggs of ponds. any fish or oyster, for the purpose of breeding and cultivating fish or Penalty oysters, and shall give notice thereof, by written or printed hand- freflaslgo r bills, put up in public places near said pond; and any person who n any manshall thereafter enter in or about such pond for the purpose of fishing, or shall catch or take away any fish or oysters therefrom, or shall be guilty of committing any trespass upon any artificial fish pond by fishing in the same, or in any manner using any means to destroy the fish or oysters raised or collected in such pond, or by breaking the dam or dams for-the purpose of permitting the fish or oysters to escape, oi by poisoning the same, or in any manner destroying or injuring the same; and any such person or persons, upon conviction, shall be deemed guilty of a misdemeanor, and shall be subject to a fine of not less than twenty dollars nor more than one hundred dollars, or be imprisoned at the discretion of the Court; which fine, if imposed, shall go one-half thereof to the informer,' and the other half thereof to the person or persons whose property shall have been injured: Provided, That nothing in this Section shall be construed as applying to ponds used as water power for manufacturing purposes. SEC. 7. That it shall not be lawful for any person in this State, after the first day of April, (1872,) to take any trout from the aoiso'"ing streams thereof, by impregnating the waters with poisonous or dele- streams unlawful. terious substances; and any persoi violating this provision shall, upon conviction thereof, be fined ten dollars for every such offense, or be imprisoned not less than ten days, which fine, if imposed, Penalty. shall go one-half thereof to the informer, and the other half to the school fund of the County in which such offense shall have been committed. SEc. 8. This Act shall take effect from and after its passage. Approved March 12, 1872. 162 STATUTES AT LARGE A. D. 1872. AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO ESTABLISH A NEW JUDICIAL AND ELECTION COUNTY FROM PORNo. 122. TIONS OF THE COUNTIES OF BARNWELL, EDGEFIEJD, LEXINGTON AND ORANGEBURG, TO BE KNQWN AS AIKEN COUNTY." Be 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 authority of the same, That Section 5th of an Act eAportion-f entitled "An Act to establish a new judicial and election County enof aep establis judicial Couty resentatives. from portions of the Counties of Barnwell, Edgefield, Lexington and Orangeburg, to be known as Aiken County," be amended by striking out all after the word " the," in the second line, and inserting "Counties of Aiken, Barnwell, Edgefield, Lexington and Orangeburg shall be as follows in the House of Representatives: Aiken, four members; Barnwell, four; Edgefield, five; Lexington, two; and Orangeburg, five." Approved March 12, 1872. No. 123. AN ACT TO RENEW AND AMEND THE CHARTER OF THE SAINT ANDREW'S LUTHERAN CHURCH, OF LEXINGTON COUNTY. SECTION 1. Be it enacted by the Senate, and House of Representatives of the State of South Carolina, now met and sitting in GeneCharter re- ral Assembly, and by the authority of the same, That so much of ewe"d.: an Act entitled " An Act to incorporate certain companies and societies," passed on the 20th day of December, Anno Domini 1837, as relates to the Saint Andrew's Lutheran Church, of Lexington County, be, and the same is hereby, re-enacted: Provided, That the said society be hereafter known by the name of the Saint Andrew's Lutheran Church, of Lexington County. SEC. 2. And be it further enacted, That this Act shall be deeped a public Act, and continue in force for the term of fourteen years. Approved March 12, 1872. AN ACT TO EMPOWER FATHERS TO LEGITIMATIZE CERTAIN CHILDREN BY LAST WILL AND TESTAMENT. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, OF SOUTH CAROLINA. 163 and by the authority of the same, That white fathers of children A. D 1872 born of black or colored mothers, who were formerly held as slaves, Legia either during the time of such mothers' servitude. or since emanci- tizing certain pation, the cohabitation between the parents of such children being out of lawful wedlock. still continued, be, and the same are hereby, authorized to so far legitimatize such children, by last will and testament, as to enable them to inherit, possess and enjoy all rights, titles and hereditaments, the same as lawful children born in wedlock: Provided, however, Proviso. That no such father may have been married during, at any time previous, whose wife was then living, or who since may have broken off such cohabitation for the purpose of marriage, or any other cause, shall be entitled to the power conferred by the provisions of this Act. Approved March 12, 1872. AN ACT TO AMEND AN ACT ENTITLED " AN ACT PROVIDING NO. 125. FOR THE ASSESSMENT AND TAXATION OF PROPERTY," PASSED SEPTEMBER 15, 1868, AND ALL ARCTS AMENDATORY THERETO. SECTION 1. Be 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 authority of the same, That Section 108 of "Two years the Act entitled " An Act providing for the assessment and taxa- stricken out tion of property," passed September 15, 1868, be, and the same is appears, and I -ninety days" hereby, altered and amended, by striking out all the proviso, after in-erted. the words " delinquent land sale," in the twelfth line; that Section 114 of the same Act be amended by striking out the words " two years," and inserting, in lieu thereof, the words "ninety days;" that Section 116 of the same Act be, and the same is hereby, amended by striking out the words "two years," whenever the same appears therein, and insert, in lieu thereof, the words'ninety days;" that Section 117 of the same Act be, and the same is hereby, amended by striking out the words "one year," whenever the same may appear therein, and insert, in lieu thereof, the words "thirty days;" and by striking out the words "two years," whenever the same appears therein, and insert the words " ninety days," in lieu thereof; that Section 123 of said Act be, and the same is hereby, amended by striking out the words "two years," whenever the same may occur therein, and insert, in lieu thereof, the words " ninety days." 164 STATUTES AT LARGE A. D. 1872. SEC. 2. That so much of the Act entitled "An Act to further amend an Act entitled' An Act providing for the assessment and Penalty for taxation of property,"' passed March 8, 1871, as provides that all coerdange deeds of conveyances of real estate shall be placed on record in the e Register of office of the County Auditor before the same can be placed on Mesne Conrryance offict record in the office of the Register of Mesne Conveyance, be, and being placed the same is hereby, amended by adding the following, viz: And for on record in office of (oun- each and every violation of this provision by a Clerk of Court or ty Auditor. Register of Mesne Conveyance, he shall, upon conviction, before any Court of competent jurisdiction, be fined in a sum of not less than five dollars, nor more than twenty dollars, and the costs of the action; one-half of said fine to be paid into the County Treasury for the benefit of the County, and the other half to be paid to the County Auditor. Forfeited SEC. 3. That all lands which have been forfeited to the State lands to be advertised, sold, under the provisions of the Act providing for the assessment and and warranty taxation of property, passed September 15, 1868, and other Acts amendatory thereto, shall be advertised by the County Auditur, in manner provided by Section 107 of said Act, and sold by the County Treasurer to the highest bidder; and the County Auditor shall exeProceeds to cute a "warranty deed" to the purchaser. The proceeds of the be forwarded to.State Trea- sale, after deducting fees allowed by law, and paying the County surer. the amount of taxes and penalties due from such land, shall be forwarded to the State Treasurer by the County Treasurer, and shall be credited to the County from which it is received on account of the forfeited lands..Time for SEC. 4. That all lands and real estate within this State, wheresale of said lands. upon, or in respect whereof, any sum of money remains due or payable after the sale provided for in Section 15, Chapter XIII, Title III, of General Statutes, or which are liable to be sold for, or on account of, any tax laid by oir under the authority of this State, for State or County purposes, in accordance with the provisions of either of the several Acts for the purpose of assessing and levying taxes for the support of the Government of the State and of the several Counties thereof, passed in the years 1868, 1869, 1870 and 1871, shall be exposed to sale, and sold for the payment of such taxes, and all penalties, costs and charges thereon accrued, on the first Monday in June, 1872, and, from day to day thereafter, Sundays only excepted; until the whole thereof shall be sold, at the place or places, on the terms and in the manner hereinafter provided; such sale shall be by the County Treasurer of each County, at the County seat, who shall expose and offer the said lands at public sale, to be sold and conveyed in fee simple, without any right of redemption, for the OF SOUTH CAROLINA. 165 payment thereof. If no person shall, at said sale, offer to pur- A.. 1872. chase or take a less quantity of the lands so charged and offered Ifnoonepurthan the whole thereof, at and for the amount so charged for chases said lands, State to the taxes, penalties, costs and charges, the said County Treasurer be declared'Iurchaser. shall declare that the State is the purchaser thereof, at and for the amount so charged; and, thereupon, the State shall become invested in fee simple with the title to said lands, and the appurtenances and all the improvements thereon. If, at said sale, any person shall publicly offer to take a less portion than the whole of said lands, for the said taxes, penalties, costs and charges, County Treasurer to give then the said lands shall be sold to such person as shall offer to certificate of take the smallest portion thereof, and pay the same; and, upon purchase the payment of the amount so due to said County Treasurer, said officer shall execute and deliver to the said purchaser a certificate, setting forth the fact of such purchase, and the payment of the amount bid; and, thereupon, the said purchaser shall be entitled to the grant from the State of the undivided right, title or interest, in fee simple, without redemption, in and to all the lands so sold and all lands belonging to any person or persons or corporation against whom such tax was levied and assessed, equal to the proportion which the amount bid holds to the whole of said la.nds so purchased, and the purchaser shall be entitled to demand partition thereof according to law; and, on such partition, the said purchaser shall be entitled to a proportional Five share and interest in all improvements thereon. In addition to the centum added to cdsrs, &C..to sums now assessed and, chargeable upon said lands, there shall be pay expenses added, at the time of said sale, five per centum of the amount of said taxes, penalties, costs and charges; which said sum is hereby appropriated for the payment of the expenses of said sale, and the collection of the moneys thereon. One-half of one per cant. to be for the use of the County, and the balance to be paid into the State Treasury. If any person to whom such lands shall be struck off shall fail forthwith to pay the amount bid therefor, said County Treasurer shall immediately expose and offer such lands for re-sale, Re-sale. as if' no such previous sale had taken place. The County Treasurer shall make weekly remittances of all funds received, ac- mittance to I be made to cording to the provisions of this Act, to the State Treasurer, and State Treasurer. shall forward monthly accounts for said funds to the State Treasurer. SEC. 5. It shall be the duty of the Governor to cause this Act Governor to l.bl.ish this to be published in such manner as shall, in his judgment, be requi- Act. site to give full information'hereof; the expense of such publication to be paid or reimbursed out of the funds authorized hereby to be charged as the expenses of said sale. 166 STATUTES AT LARGE A. D. 1872. SEc. 6. It shall be the duty of each County Auditor of each County to exhibit the tax books thereof, showing all delinquent Duty of taxes herein provided for, for sixty days next preceding such sale, County Audit- and all persons shall be entitled to inspect the same, between the hours of 9 o'clock A. M. and 12 M. of each day, Sunday excepted; and it shall be his duty to attend said sale, with the said tax books, and to furnish to said County Treasurer, and all persons requiring the same, such information as the records of his office may afford County Au- relative to the matter involved in said sale; and, upon the delivery ditor to execute titles. of the Treasurer's certificate of sale, to execute a deed in accordance with Section 33, Chapter XIII, Title III, of the General Statutes of South Carolina. SEC. 7. That this Act shall take effect from and immediately after its passage; and that all Acts or parts of Acts inconsistent with the provisions of this Act be, and the same are hereby, repealed. Approved March 12, 1872. No. 126. AN ACT TO INCORPORATE THE CHARLESTON LOAN ASSOCIATION, OF THE CITY OF CHARLESTON. SECTION 1. Be 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 authority of the same, That Samuel Corporators. E. Gailliard, F. H. Frost, W. A. Grant, M. J. Hirsch, O. R. Levy, A. P. Ford, W. H. Jones, Jr., James A. Bowley, together with such other persons as now are, or hereafter may be, asPurpose of sociated with them, be, and they are hereby, declared a body politic corporation and corporate, for the purpose of buying and holding real estate in the County of Charleston, or any point within the State of South Carolina, and making loans of money, secured by mortgages on real estate, and the hypothecation of bonds, stocks and other choses in action, and personal property, to its members and stockholders, by the name and style of the "Charleston Loan Association, of the Capital stock. City of Charleston." The capital stock of said association to consist of two thousand five hundred shares; but, as soon as one thouWhen asso- sand shares shall have been subscribed thereto, the said association ciation may shall organize and commence operations, said shares to be paid by commence operations. successive monthly installments of one dollar on each share, so long Default in as the said association shall continue; the said shares to be held, pay ments, penalty for. transferred, assigned and pledged, and the holders thereof to be sub OF SOUTH CAROLINA. 167 ject to such fines, penalties and forfeitures, for default in their pay- A D 1872. ments, as the regulations and by-laws of the said association may prescribe. SEc. 2. That the said association shall have such number and Powers and succession of officers and members as shall be ordained and chosen, privileges. according to the rules and by-laws made, or to be made, by them for their government; and shall have. power and authority, from time to time, and at all times, to make such rules and by-laws as are not repugnant to the Constitution and the laws of the land; to have and keep a common seal, and to alter the same at will; to sue and be sued, implead and be impleaded, in any Court of law or equity in this State; and shall have and enjoy every right and privilege incident and belonging to corporate bodies, according to the laws of the land. SEC. 3. That the funds of the said association shall be invested Funds of the either in the purchase of real estate, in the County of Charleston, haow tobe disSouth Carolina, or in any County or sub-division of the State of posedof. South Carolina, which shall be rented out or leased, or sold and conveyed, to the members and stockholders of said association, upon such terms and conditions as, from time to time, may be prescribed by its rules and by-laws, or be loaned out and advanced to the members and stockholders thereof, upon the security and by hypothecation of real estate in Charleston or the State aforesaid, or bonds, stocks or choses in action, or personal property, on such terms and conditions as, from time to time, may be prescribed by the rules and by-laws aforesaid. And it shall and may be lawful for the said association to hold and enjoy, for the mutual benefit of its members M ay bold prop erty for and stockholders, all such lands, tenements and hereditaments as its stockholdmay be bona fide purchased by and conveyed to it; or as may be ers' mortgaged to it, by way of security, upon its loans and advances; or as may be by, or transferred and conveyed to it at sales under judgments or decrees of law or equity, for securing or recovering, or in compromise settlement of, any debt or debts due to it; and to sell, alien, barter, exchange, convey, mortgage, or otherwise dispose of the same, from time to time, and whenever deemed expedient. SEC. 4. That if any of the funds of the said association shall re- Unproducmain unproductive, or uninvested and unneeded, or uncalled for, ive funds, ^' ~' nhow to be disfor the space of two months, by its own members and stockholders, posed of. it shall be for the said association to lend out what moneys may be on hand to others than stockholders, at such rates of interest (on such security, whether of mortgage or real estate, choses in action, or other personal property,) as may be agreed on, to be safely invested, to be repaid within one year. SEC. 5. That whenever the funds and assets of the said association 168 STATUTES AT LARGE A. D. 182. shall have accumulated' to such an amount that, upon a fair division Divison of thereof, such stockholders, for each and every share of stock held funds and as- by him or her, shall have received, or be entitled to receive, the sum sets. of two hundred dollars, or the value thereof in property or assets, and such division and distribution shall have been made, then the said association shall cease and determine: Provided, however, That in case the said association shall not have closed its operations and affairs, as above provided for, within a shorter period, then this Act shall not continue in force beyond ten years. SEC. 6. That this Act shall be deemed a public Act, and be given and received in evidence without being specially pleaded. Approved March 12, 1872. No. 127. AN ACT TO RE-CHARTER MOUNTAIN LODGE, NO. 15, OF THE INDEPENDENT ORDER OF ODD FELLOWS, OF GREENVILLE COUNTY, SOU'rH CAROLINA. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in GenCorporators. eral Assembly, and by the authority of the same, That all persons who now are, or hereafter may become, members of Mountain Lodge, No. 15, of the Independent Order of Odd Fellows, of Greenville County,' South Carolina, be, and the same are hereby, declared and constituted a body politic and corporate, by the name and style above assigned. Prowers and SEC. 2. The Lodge aforesaid shall have succession of officers and privileges- members, according to its by-laws; and shall have power to make by-laws, not repugnant to the laws of the land; and to have, use and keep a common seal, and the same to alter at will; to sue and be sued, in any Court of this State; and to have and enjoy every right incident to incorporations. It is hereby empowered to retain, possess and enjoy all such property, real and personal, as it may possess or be entitled to, or which shall hereafter be given, bequeathed to, or in any manner acquired by it; and to sell, alien or transfer the same: Provided, The amount so held shall in no case exceed the sum of twenty thousand dollars. SEC. 3. This Act shall be deemed a public Act, and continue in force until repealed. Approved March 12, 1872. OF SOUTH CAROLINA. 169 AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO SECURE AD- A. D. 1872. VANCES FOR AGRICULTURAL PURPOSES." N No. 128. SECTION 1. Be 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 authority of the same, That an Act enti- Amendment tied " An Act to secure advances for agricultural purposes," approved the twentieth day of September, A. D. 1866, be amended by inserting, in the fourth line of the first Section, between the words "supplies" and " to," the words " advances of medicines or medical attendance by any physician." SEC. 2. That all the provisions and remedies in said Act, relating P i Physicians to persons who advance supplies for agricultural purposes, shall ap- and blacksmiths entiply to persons advancing medicines or medical attendance as a phy- tied to provisions of said sician,and also to blacksmiths who claim liens for work performed Act. on plantation blacksmiths' tools; who pursue their trade or calling not within the limits of any incorporated city, town or village within Physicians' this State: Provided, That the fee for each and every visit by a feeslimted. physician shall not exceed one dollar, and ten cents per mile, which price shall embrace the prescription. Approved March 12, 1872. AN ACT TO CHARTER THE BIG BAY AND ADAMS' RUN (NARROW No. 129. GAUGE) RAILROAD COMPANY. SECTION 1. Be 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 authority of the same, That, for the pur- Purpose of pose of establishing a Railroad Company from Big Bay, with a chate lateral branch to'Eddings' Bay, Edisto Island, to run in the most feasible and direct route to Adams' Run, intersecting the Charles-, ton and Savannah Railroad at the above points, that a charter, with the rights and privileges incidental to the same, be, and the same is In whom hereby, granted to, and vested in, John Wright, Henry Weldon, vested. Carl Berlin, George Marstella, A. Berg, and their associates; and when a company shall be formed in compliance with the conditions Title herein prescribed, it shall be known by the name of Big Bay and Adams' Run Railroad Company, and shall have a corporate existence, as a body politic, in perpetuity. SEC. 2. That the capital stock of said company shall be two hun- Capital stock. dred thousand dollars, in shares of twenty-five dollars each; and, 170 STATUTES AT LARGE A. D. 1872. in order to raise the said capital stock, it shall be lawful to open Bsooksof books of subscription in such places, and at such times, as may be subscription. deemed for the best interest of the corporation, under the direction of the corporators-the times and places for receiving such subscription to be determined by a majority of the corporators; but should such a majority fail to fix such times and places, then such times and places may be fixed by any three of the corporators hereinbefore named, having given due notice of the same in any newspaper of the State;and the subscription books shall be kept open for thirty days from such times, and at such. places as said corporators may determine; that, on each share of stock subscribed, the said subscribers shall pay two dollars to the corporatcrs, who shall deposit it in some National or State Bank. When ten thousand dollars shall have been subscribed, the corporators, or any three of gNtie to be them, shall give notice, by publication for at least ten days, of the time and place of meeting. Railroa SEC. 3. That they are hereby authorized to build a railroad from from Adams' Adams' Run Station, on the Charleston and Savannah Railroad, Sta, tion to Edisto Bay. to Big or Edding's Bay, Edisto Island, South Carolina, with one or more tracks: Provided, They do not obstruct any regular mail or passenger trains on any road, or obstruct the navigation on any navigable stream over which the road aforesaid may have to cross; that good and sufficient draw bridges are to be built by the said corporation, should necessity require the same to be done: Provided, further, That said road shall be subject to the provisions of an Act to declare the manner by which the lands,.or the right of way over the lands, of persons or corporations may be taken for the construction and uses of railways and other works of internal improviement, ratified September 22, 1868. Approved March 12,1872. No. 130. AN ACT TO AMEND AN ACT ENTITLED "AN ACT PROVIDING FOR THE GENERAL ELECTIONS, AND THE MANNER OF CONDUCTING THE SAME." SECTION 1. Be 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 authority of the same, That all general and special elections, held pursuant to the Constitution of this State, shall be regulated and conducted according to the rules, principles and provisions herein prescribed. OF SOUTH CAROLINA. 171 SEC. 2. The Commissioners of Election shall provide one box for. D. 1872. each election precinct. An opening shall be made in the lid of the box, not larger than shall be sufficient for a single ballot to be in- Ballot boxes serted therein at one time, through which each ballot received, proper to be placed in such box, shall be inserted by the person voting, and by no other. Each bqx shall be provided with a sufficient lock, and such box shall be publicly opened and inspected, to see that it is empty and secure, and then locked just before the opening of the poll, and the keys returned to the Managers, and shall not be opened during the election. Each box for such precinct shall be labelled as follows: "Congress," "State," "Circuit," and "County Officers." SEC. 3. At the close of the election, the Managers and Clerk Manner shall immediately proceed, publicly, to open the ballot box and of counting count the ballots therein, and continue such count, without adjournment or interruption, until the same is completed, and make such statement of the result thereof, and sign the same, as the nature of the election shall require. If, in counting, two or more like ballots shall be found folded together compactly, only one shallbe counted, and the others destroyed; but, if they bear different names, the same shall be destroyed, and not counted. If more ballots shall be found, on opening the box, than there are names on the poll list, all the ballots shall be returned to the box and thoroughly mixed together, and one of the Managers, or the Clerk, shall, without seeing the ballots, draw therefrom, and immediately destroy, as many ballots as there are in excess of the number of names on the poll list. Within three days thereafter, Managers to the Chairman of the Board of Managers, or one of them, to be poll clit, &tc designated in writing by the Board, shall deliver to the Commis- sioner sioners of Election the poll list, the boxes containing the ballots, and a.written statement of the result of the election in his precinct. SEC. 4. After the final adjournment of the Board of County Canvassers, and within the time prescribed in this Act, the Chair- tRebtrns, &c, -.to be *sent by man of said Board shall forward, addressed to the Governor and messenger. Secretary of State, by a messenger, the returns, poll list, and all papers appertaining to the election. The said messenger to be paid his actual expenses upon a certificate to be furnished him by the Payment of Secretary of State. Said certificate shall be paid out of the funds messenger. provided for the payment of Commissioners and Managers of Election. SEC. 6. All Acts or parts of Acts in any way conflicting with this' Act are hereby repealed. Approved March 12, 1872. 172 STATUTES AT LARGE A. D. 1872 AN ACT TO INCORPORATE THE SOUTH CAROLINA AGRICULTURAL N~O. 131. COLLEGE AND MECHANICS' INSTITUTE. [No. 131. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in GeneArricultural ral Assembly, and by the authority of the same, That a College Collee estab- and Institute of Mechanical Arts be established at Orangeburg, in lished. connection with the Claflin University, to be called the South Carolina Agricultural College and Mechanics' Institute, in accordance with the provisions of the Act of Congress, passed July 2, 1862, and all Acts amendatory thereto. The design of the Institution shall be to afford instruction in practical and theoretical agriculture, mechanical art and military tactics and training. eTrustees, SEC. 2. That the supervision and control of the institution aforeelection of. said shall be vested in a Board of Trustees, in connection with the Board of Trustees of the Claflin University, to be known by the name, style, and title of the Board of Trustees of the South Carolina Agricultural College and Mechanics' Institute; said Board shall consist of nine (9) members, and shall be chosen by joint ballot of the General Assembly: Provided, That the first Board of Trustees shall be appointed by the Governor, as follows: The first fice.r f f- three shall be elected for a term of three (3) years; the second three for two (2) years; and the third three for one (1) year; and the General Assembly shall, annually thereafter, elect, by joint ballot, three (3) members of each Board, whose term of office shall be three (3) years; said Board may elect its own Chairman. The Trustees thus appointed and elected shall, in connection with those of the Claflin University, constitute one Board, and may elect a Chairman. A majority of the Board shall constitute a quorum for Sheall re- the transaction of business. They shall receive no compensation, ceive no compensation. but shall be paid their traveling and other expenses while employed on the business of the Board. General pow- SEC. 3. The said Board of Trustees shall be a body corporate, ers. capable in law of suing and being sued, holding and selling real, personal and mixed property, of contracting and being contracted with, of having and using a corporate seal, and of causing all things to be done to carry out the purposesiof this Act. Vacancies, SEC. 4. Should any vacancy occur in said Board of Trustees, it shall be filled by the remaining members of the Board. SEC. 5. It shall be the duty of the Board of Trustees to meet and rganization. organize, within thirty days after the passage of this Act, at the call of the Governor of the State, or of any two members of the Board. OF SOUTH CAROLINA. 173 SEC. 6. The Legislature shall appoint a Board of Visitors bi-en- A. D. 1872 nially, who shall report each year upon the condition and efficiency oard of of this Institution. Visitors. SEC. 7. The Board of Trustees shall appoint a Secretary and Treasurer, neither of whom shall be a member of said Board. These and Treasureir, rowers officers shall be required to give such bond as will secure a safe ad- and duties of. ministration of their duties. The Secretary shall also fill the office of general Superintendent of this Institution, upon whom shall devolve a power of general administration over all the property of this corporation, for its better perservation and improvement, and who shall also have the power, at any time, to call a meeting of the Board of Trustees: Provided, That no power herein granted to the Secretary shall extend to making any material changes, except with the concurrence and authority of the Board of Trustees. The salaries of these officers shall be determined by the Board. SEC. 8. Whenever the Board of Trustees report that they are organized, and prepared for action, the Governor shall execute a draft Governor to on the State Treasury for the amount of interest due on the fund in- fo, amounltof" vested under the provisions of the Act of Congress, and which shall on fund. be under their entire and exclusive control, as likewise shall all in- said funds terest afterwards accruing from said fund. They shall, also, have and a others full control of all moneys donated, appropriations, lands or property exclusivecon. I X trol. whatsoever, coming into the possession of this corporation. SEC. 9. The Secretary shall reside on the grounds of the institu- ecial *. ^..1 * * 1',Special dution, and besides exercising a general supervision over all the prop- ties of -ecreerty under his care, shall keep a complete system of records. He shall open correspondence with societies for the promotion of agriculture, and make use of such means to elicit information upon all industrial topics as shall be conducive to the material welfare of the College. He shall seek to obtain such contributions for the museums and library of said College as shall benefit the interest of agriculture and other industrial arts and sciences. HIe shall also keep a correct account of all the proceedings of the Board, and an accurate account of all the moneys received in the Treasury, as well Shall annualas those paid out. The Secretary shall report to the Legislature at ly reprt to Legislature. every regular session, which shall embrace all such statements, accounts, statistics, essays, and other information relative to agriculture, as may be valuable, and, also, the proceedings of the Board of Trustees of said College, to be approved by said Board. SEC. 10. The Board of Trustees shall procure a site for an experi- Trustees to mental farm, of such size as they may deem necessary, to be located sexpu-riterft as near as practicable to the present location of the Claflin Univer- farm. sity, so as to combine, as much as possible, practical training with theoretical instruction in the science and art of agriculture. To carry 174 STATUTES AT LARGE A. D. 1872. out the foregoing provision, the Board are authorized to expend a ^ ^ sum not to exceed one-tenth of the amount of the fund to which this State is entitled under the Act of Congress. A-dmission SEC. 11. Students shall be admitted into said College from each of students. County, after a competitive examination among the scholars belonging to the public schools in such County, in proportion to the number of the representation in the Legislature. The time and manner of conducting said competitive examinations to be regulated by the Board of Trustees: Provided, That no Student shall be allowed to enter the College whose qualification is below the standard of the class to which he shall be assigned. Provision shall, also, be made for receiving Students from any school, or other source, whose qualification shall fit them for entering the classes to which admission is sought. Special Students who wish to pursue any particular branch, but who do not desire any degree, may be admitted to study under such terms as the Board shall regulate. Course of SEC. 12. The course of instruction shall include the English laninstruction. guage and literature, mathematics, civil, mechanical and military engineering, agricultural chemistry, mineralogy, animal and vegetable anatomy, and physiology, veterinary art, entomology, geology, political, rural and household economy, horticulture, moral and natural philosophy, history, book-keeping, military training and tactics, and especially the application of science and the mechanical arts to practical agriculture in the field. college un- SEC. 13. That the College shall not be controlled to serve sectasectarian. rian or political party interests, but shall be conducted for the promotion of the general good of the State, as provided for in this Act and the Act of Congress of which this forms a part. Current SEC. 14. For the current expenditures of said Collegei certain expenditures provided for. sums of money shall be set aside in the hands of the Treasurer by the Board of Trustees, which shall be subject to the warrants of the Chairman of the Board, drawn in pursuance of the orders of the Board of Trustees. All incomes resulting from labor, or other sources, shall be paid into the Treasury of the College. All moneys due to the Institution, or received in its behalf, shall be collected and received by the Secretary, and deposited by him with the Treasurer of the State Board of Trustees, taking his receipt therefor. The rep ancial Secretary shall, with his annual report, render a full and complete account of all moneys received, and all warrants drawn on the Treasurer by him as Secretary of the Board, and shall file and preserve all vouchers, receipts, correspondence, and other papers relating thereto. OF SOUTH CAROLINA. 175 SEC. 15. The College shall have no connection whatever with, A. D. 1872. nor be in any way conti'olled by, a sectarian denomination. Approved March 12, 1872. AN ACT TO ESTABLISH A PUBLIC FERRY IN FAIRFIELD No. 132. COUNTY. Be 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 authority of the same, That the ferry commonly Ferry vested in Jas. Johnknown as "Rocky Mount Ferry," across the Catawba River, in son. Fairfield County, shall be, and the same is hereby, established a public ferry, and vested in James Johnson, his heirs, executors and assigns, until repealed, with the privilege of collecting the following rates of toll, to wit: For each wagon drawn by four testoll horses, mules or oxen, seventy-five cents; for each wagon drawn by three horses, mules or oxen, sixty-five cents; for each wagon drawn by two horses, mules or oxen, fifty cents; for each wagon, carriage or buggy drawn by one horse, mule or ox, twenty-five cents; for each man on horseback, ten cents; for each foot passenger, five cents: Provided, That children going to and returning from school, Proviso. and *voters going to and returning from the polls on election day, shall be passed free. Approved March 12,1872. AN -ACT AUTHORIZING JAMES C. TIIOMPSON AND WIFE, NO 133. ELIZABETH THOMPSON, TO ADOPT THE CHILD OF MARY COUCH, GIVE IT THE NAME OF JAMES LAWRENCE OBR THOMPSON, AND MAKE IT HIS LAWFUL HEIR. Be 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 authority of the same, That James C. Thompson and Permitted his wife, Elizabeth Thompson, be, and they are hereby, authorized to adopt child ot'"Mary Couch and empowered to adopt the child of Mary Couch, to give it the name of James Lawrence Orr Thompson, and to make it their lawful heir. Approved March 12, 1872. 176 STATUTES AT LARGE A. D. 872. AN ACT TO AUTHORIZE THE FORMATION OF, AND TO INCORPON. 134. RATE, THE SPARTANBURG AND AIKEN RAILROAD. No. 134. Whereas it is desirable that there should be a connection by railroad between the town of Aiken and the town of Edgefield, the village of Ninety-Six, and the towns of Laurens and Spartanburg, in this State; therefore, SECTION 1. Be it enacted by the Senate and House of Ropresentatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the formation of a corporate company is hereby authorized, for the purcopbjetsof pose of constructing a railroad to connect the town of Aiken, the town of Edgefield, the village of Ninety-Six, the town of Laurens, and the town of Spartanburg, with the privilege of extending the same to the town of Hamburg, in such manner as may be determined by said company. SEC. 2. That for the purpose of raising the capital stock of said Books of subscription, compa.ny, it shall be lawful to open books at the town of Spartanunder whose direction. burg, under the direction of G. Cannon, J. H. Evans, Alfred Tollison, D. R. Duncan, S. Bobo and Joseph Walker; at the town of Laurens, under Y. J. P. Owens, J. W. Fowler, Joseph Crews, Dr. John Henry and H. L. McGowan; at the village of Ninety-Six, under Thos. Talbert, Dr. W. A. Limbecker, J. A. Stuart, Thomas Lake, Augustus Griffin and P. R. Rivers; at the town of Edgefield, under Lawrence Cain, M. L. Bonham, William T. Gary, A. J. Norris, Dr. John A. Barker and Parris Simpkins; at the village of Aiken, under J. N. Hayne, E. J. C. Wood, R. B. Elliott, C. D. Hayne, E. Ferguson, J. S. Shuck, P. G. Rockwell and Henry Sparnick; in the city of Augusta, under John J. Cohen, James A. Gray, Josiah Sibley, Charles W. Harris, Dr. J. A. Miller; and at such other places in the Counties of Spartanburg, Laurens, Abbeville, Edgefield and Aiken, and under the direction of such other person as the Commissioners in the respective Counties herein above named may designate, for the purpose of securing subscriptions to an amount not exceeding two million five hundred thousand dollars, Capital stock. in shares of one hundred dollars each, to constitute a joint capital stock, for the purpose of constructing and carrying into operation the said railroad, and, on each share of individual stock, the subscriber shall pay to the Commissioners, who shall be authorized to take the same, the sum of five dollars, lawful money of the United States. SEC. 3. That when the sum of one hundred thousand dollars shall When m meet to or have been subscribed, in the manner before specified, the subscribga'ize. ers shall be, and they are hereby, declared a body corporate, to be known by the name and style of the "Spartanburg and Aiken OF SOUTH CAROLINA. 177 Railroad Company," and may meet and organize said company, at A. D. 1872. such time and place as may be designated by the Commissioners for the town of Spartanburg, hereinbefore named. SEC. 4. That, for the purpose of organizing said company,, all Entitled to privilges, such powers as are conferred by the charter of the Greenville, and &c., conferred on Greenville Columbia Railroad Company, and the Commissioners at Greenville, and Columbia Railroad. shall be, and are hereby, conferred upon the Commissioners herein appointed at the town of Spartanburg; and all the powers, rights and privileges granted by the said charter and its amendments to the "Greenville and Columbia Railroad Company," shall be, and they are hereby, granted to the " Spartanburg and Aiken Railroad Company," and subject to like restrictions as are therein contained, except as to the capital stock, the sum necessary to authorize the organization, and the amount of shares, except so far as may be necessary to conform to the special provisions of this Act: Provided, however, That nothing herein contained shall be so construed as to bind the State to subscribe stock in said company, or make any appropriations to enable the said company to build said road, or in any manner to loan the credit of the State thereto: Provided, further, That nothing herein contained shall be so construed as to exempt the said company from the provisions of Section 1 of Chapter 43 of the General Statutes. SEC. 5. That said company is authorized to receive subscription..~~~~~~~. ~~~~Subscripto its capital stock in lands or labor, as may be agreed upon be- tions may be received in tween said company and said subscribers; and may acquire by grant, land or labor. purchase, lease or otherwise, any estate, real or personal, whatsoever, and the same to hold, use, sell, convey and dispose of as the interest of said company may require. Approved March 12, 1872. AN ACT TO INCORPORATE THE GOWENSVILLE LODGE, No. 107, No. 135. ANCIENT FREE MASONS, OF SOUTH CAROLINA. SECTION 1. Be 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 authority of the same, That the officers corporators. and members that now are, or. hereafter may be, their associates and successors, shall be known in law under the name and style of Title. the Gowensville Lodge, No. 107, Ancient Free Masons, of the State of South Carolina, and, under their corporate capacity, to hold any personal or real estate, and to sell or dispose of the same at plea- privileges. 12 178 STATUTES AT LARGE A. D. 1872 sure; to sue and be sued, plead and be impleaded; that they may ~~' eenjoy all the rights and privileges as granted to such like corporations by law, with liberty to have a common seal, and alter the same at will; to enact such rules and by-laws, for the government of their order, not repugnant to the laws of the land. SEC. 2. That this Act shall be deemed a public Act, and remain in force until repealed. Approved March 12, 1872. No. 136. AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO INCORPORATE THE WACCAMAW AND LITTE RIVER CANAL COMPANY." SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in GeneWhen may ral Assembly, and by the authority of the same, That the Act commence business, entitled "An Act to incorporate the Waccamaw and Little River Canal Company," be, and is hereby, amended as follows: Strike out, on the fourth, line, in Section 3, all after "as," and insert, in lieu thereof, "That said company may commence business as soon as fifty per cent. of its capital stock is subscribed, and ten per cent. of the same is paid up." SEC. 2. Add to Section 6: "That the said company shall have Righttouse the right to use or dispose of such portion of its waters, lands or ce r aill waters, lands, other property, as it may see fit, for manufacturing, hydraulic, or other purposes." Approved March 12, 1872. No. 137. AN ACT TO ALTER AND AMEND THE CHARTER OF THE TOWN OF PENDLETON. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in GenCorporators eral Assembly, and by the authority of the same, That all persons, citizens of the United States, who now reside, or may hereafter reside, in the village of Pendleton, shall be deemed, and are hereby declared, a body corporate and politic; and the said village shall OF SOUTH CAROLINA. 179 be called and known by the name of Pendleton; and its limits shall A D. 1872. be held and deemed to extend for one mile in every direction from Limts Limits. the Farmers' Hall. SEC. 2. That the said village shall be governed by an Intendant Officers. and four Wardens, who shall be elected on the fourth Monday in September, and continue in office until the second Monday in September next, or until their successors are qualified, on which day, Election. as well as on the second Monday in September of every year thereafter, an election shall be held for an Intendant and four Wardens, at such place as the Intendant and Wardens shall designate, thirty days' notice being previously given; and that all male inhabitants Electors. of the said village, who have attained the age of twenty-one years, and have resided therein three months previous to the election, shall be entitled to vote for the said Intendant and Wardens; the election to be held from ten o'clock in the morning until two o'clock in the afternoon; and when the polls shall be closed the Managers Managers. shall count the ballots, and proclaim the election, and give notice thereof, in writing, to the persons elected; and that the Intendant and Wardens, for the time being, shall always appoint three Managers to hold the ensuing election; that the Intendant and Wardens, before entering upon the duties of their offices, shall take the following oath, to wit: " As Intendant (or Warden) of Pendleton, iath of of. I will support and defend the Constitution of the United States, and this State, and equally and impartially, to the best of my skill and ability, exercise the trust reposed in me, and will use my best endeavors to preserve the peace, and carry into effect, according to law, the purpose of my appointment: So help me God." SEC. 3. That, in case a vacancy shall occur in the offce of In- vacancies. tendant or Wardens, by death, resignation, removal from office, or absence from the State, an election shall be held by the appointment of the Intendant and Wardens, as the case may be, thirty days' previous notice being given; and, in case of the sickness or temporary absence of the Intendant, the Wardens, forming a Council, shall be empowered to elect one of themselves to act as Intendant during the time. SEC. 4. That the Inteidan.t and Wardens duly elected and quali- Judicial powfled shall, during their ftitn of service, severally and respectively, be vested with all the powers of Trial Justices of this State, within the limits of the said village, except in trials of civil cases; that the Intendant shall, as often as occasion may require, summon the Wardens to meet him in Council, a majority of whom shall constitute a quorum for the transaction of business, and shall be known by the name of the Town Council of Pendleton; and they and General pow. their successors in office shall have a common eal, an shall haver their successors in office shall have a common seal, and shall have 180 STATUTES AT LARGE A..1872. power and authority to appoint, from time to time, such and so Constables. many proper persons to act as Constables as they shall deem expedient and proper, which Constables shall have all the powers, privileges, and emoluments, and be subject to all the duties, penalties and regulations provided by the laws of this State for the office of Police regu- Constable; and the Intendant and Wardens in Council shall have lations. power, under their corporate seal, to ordain and establish all such rules, by-laws and ordinances, respecting the streets, ways, market and police of such village, as shall appear to them proper for the security, welfare and convenience of the village, and fo-r preserving health, peace, order and good government within the same; and the said Council may affix fines for offenses against such by-laws and ordinances, and appropriate them to the use of the corporation; but no fine shall exceed twenty dollars; and when fines shall exFines. ceed ten dollars, they may be recovered in the Court of Sessions for Anderson County; and when they are of the amount of ten dollars, or under, they emay be recovered before the Intendant and Wardens: Provided, Nothing herein contained shall empower the said corporation to ordain; or establish any by-laws or ordinances inconsistent with, or repugnant to, the laws of this State; and all such by-laws and ordinances shall, at all times, be subject to the revisal or repeal of the Legislature. SEC. 5. That the said Intendant and Wardens shall have power Nuisances. to abate and remove nuisances within the said limits, and to classify and arrange the inhabitants liable to police duty, and to require them to perform such duty as often as occasion may require, and to enforce the performance thereof, under the same penalties as are now or may be hereafter established by law and that the said Intendant and Wardens, or any of them, upon view thereof; or upon complaint lodged, on oath, are hereby required and authorized to issue warrants against all offenders, and cause them to be brought before them, or him; and, upon an examination, shall either release, admit to bail, if the offense be bailable, or commit to jail, such ofienders, as the case may require; and the Sheriff of Anderson County is hereby required to receive and keep the person so committed until discharged by due course of law. And4;hat the said Intendant and Wardens shall, collectively and severally, have cognizance, within the said corporate limits, in all criminal cases, as Justices of the Peace and Quorum have according to law. SEC. 6. That the Intendant and Wardens of the said town shall Licenses. have full and only power to grant or refuse license to retail spirituous liquors within the said limits, which license shall be granted in. the same manner, and uponmthe same conditions,. as they are now, or may hereafter be, under the laws of this State,, except that the OF SOUTH CAROLINA. 181 Town Council shall have power to regulate the price of license to A. D. 172. keep. taverns and to retail spirituous liquors: Provided, That in no instance the price of a license so to keep tavern or retail spirituous liquors shall be fixed at a less sum than is established by the laws of the State; and all the powers formerly vested in the Commissioners of Roads are hereby granted to the said Intendant and Wardens within the said limits; and all moneys paid for licenses, and for fines and forfeitures for retailing spirituous liquors, keeping taverns and billiard tables within the said limits without license, shall be appropriated to the use of said corporation. SEc. 7. That the said Intendant and Wardens shall have power Road duty. to compound with persons liable to work on said roads, streets and alleys, to release such persons as may desire it, upon a fair equivalent therefbr, to be applied by them to the use of the said corporation; and no person residing within the said, limits shall be liable to work on any road without said limits, or to be taxed or assessed for the same. SEC. 8. That the Town Council of Pendleton shall have power Annual taxation. to impose an annual tax upon the keepers of billiard tables and ten-pin alleys, or any other pin alleys, within the discretion of said Council, and to grant or refuse license for the same, upon such terms and conditions, and subject to such regulations, as they may by ordinances establish. They shall also have power to impose a tax, within their discretion, on all sales made by itinerant traders and auctioneers, on all public drays, wagons, carriages, omnibuses, and other vehicles kept for hire, and on the owner or possessor of all dogs, hogs, sheep, goats and cattle kept within the corporate limits of said town. The said Town Council shall have power to impose an annual tax on the amount of all sales of goods, wares, merchandise, and also on the amount of income arising from all factorage and mechanical employments, faculties and professions, including, the profession of dentistry: rrovided, That no tax shall be imposed in any one year to exceed the rate of twenty cents on each hundred dollars of the value of such sales and income; and the said Town Council shall also have power to impose a tax upon all persons who shall open any room or car for the purpose of taking daguerreotypes or other likenesses, within the corporate limits of said town; and the said Town Council shall have the power to impose an annual tax, not exceeding twenty cents on every hundred dollars of the value of all real estate lying within the corporate limits of said town, the real estate of churches and school associations excepted; and for that purpose they shall appoint three freeholders, resident therein, to assess the value of said real estate, upon oath, and return the 182 STATUTES AT LARGE A. D. 1872. assessment, within one month, to said Council, for taxation, and to ^'^' fill any vacancy occasioned by the death, resignation, refusal to serve, or removal from office of the said Assessors; and any person who shall refuse to act as Assessor, upon being appointed by the Council, may be fined any sum not exceeding twenty dollars; and the said Council shall have power to regulate the price of license upon"all public shows and exhibitions in said town; and to erect a powder magazine, and to compel any person holding more than twenty-five pounds of powder to store the same therein, and to make regulations for rates of storage thereof, and for keeping and delivering the same; and the said Town Council shall have power to enforce the payment of all taxes and assessments, levied under the authority of this Act, against the property and persons of defaulExecutions. ters, to the same extent, and in the same manner, as is provided by law for the collection of the general State tax, except that executions to enforce the payment of the town taxes shall be issued under the seal of the corporation, and directed to the Town Marshal, or other person specially appointed by the said Town Council to collect the same; and all property upon which a tax shall be levied and assessed is hereby declared and made liable for the payment of same in preference to other debts due by the persons owning such property at the time of the assessment, except debts due the State, which shall be fist paid; that the said Town Council shall have power, with the consent of the adjacent land owners, to close all such roads, streets and ways within the said town, as they may deem necessary, by sale of the freehold therein, either at public or private sale, as they adjudge best for the interest of the said town; and they shall have power to lay out, adopt, open and keep in repair all such new streets, roads and ways, from time to time, as they may deem important or necessary for the improvement of said town: Provided, That no new street, road or way, shall be opened without first having obtained the consent of the land owner or owners through whose premises any such new street, road or way may pass. SEC. 9. That this Act shall be taken and deemed as a public Act in all Courts of Justice, and shall continue in force until repealed. Approved March 12, 1872. No. 138. AN ACT TO AMEND AN ACT ENTITLED " AN ACT TO RENEW AND AMEND THE CHARTER OF THE TOWN OF MOUNT PLEASANT." SECTION 1. Be 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 authority of the same, That the said OF SOUTH CAROLINA. 183 Town Council shall have power to borrow money for the public use A. D 1872. of the corporation, by issuing, from time to time, as occasion may issue require, the bonds of said corporation, bearing interest at a rate not Of, provided to exceed ten per centum per annum, to be paid semi-annually, for an amount not to exceed the sum of two thousand dollars; and for the payment of the interest, and the ultimate redemption of the principal, according to the terms of the loan, the said corporation shall, at all times, be liable: Provided, That the private property of the inhab- Proviso. itants of said town shall be bound for the redemption of said loan in no other way than by the imposition of an annual tax, according to the provisions of this Act. SEC. 2. That the corporate limits of the town of Mount Pleasant Limits extended. be, and the same is hereby, extended by continuing the eastern line of Boundary Street northwardly to Shem Creek, from which point the said creek and the waters of Charleston harbor shall be the boundary. SEC. 3. That the Town Council of Mount Pleasant shall have Annual tax. power to impose and collect an annual tax upon, the assessed property of said town: Provided, No tax shall be imposed in any one year to exceed the rate of fifty cents on each hundred dollars of such assessed property; and that the money, so raised, shall be applied to the use of the said town. The said Town Council shall Executions. have the power to enforce the payment of all'taxes, levied by the said Town Council, to the same extent, and in the same manner, as is now, or hereafter shall be, provided by law for the collection of the general State taxes. SEC. 4. All Acts and parts of Acts, inconsistent with the provisions of this Act, are hereby repealed. Approved March 12, 1872. AN ACT LEGALIZING CERTAIN MARRIAGES, AND FOR OTHER NO. 139. PURPOSES THEREIN MENTIONED. SECTION 1. Be it enacted by the Senate and House of Repre- Conferring sentatives of the State of South Carolina, now met and sitting in ron' certain General Assembly, and by the authority of the same, That all per- rights aTnd privileges of sons in the State of South Carolina who, previous to their actual marriage. emancipation, had undertaken and agreed to occupy the relation to each other of husband and wife, and are cohabiting as such, or in any way recognizing the relation as still existing at the time of the passage of this Act, whether the rites of marriage have been cele 18-1 STATUTES AT LARGE A D. 1872 brated or not, shall be deemed husband and wife, and be entitled to all the rights and privileges, and be subject to all the duttes and obligations of that relation, in like manner as if they had been duly married according to law. SEC. 2. And all oftheir children shall be deemed legitimate, Legitimati- whether born before or after the passage of this Act; and when the zing certain children. parties have ceased to cohabit before the passage of this Act, in consequence of the death of the woman, or from other cause, all of the children of the woman recognized by the man to be his shall be deemed legitimate: Provided, however, That no provision of this Act shall Proviso. bedeemed to extend to persons who have agreed to live in concubinage after their emancipation. SEC. 3. All Acts or parts of Acts inconsistent with this Act are hereby repealed. Approved March 12, 1872. No. 140. AN ACT TO INCORPORATE THE REEDY RIVER BAPTIST CHURCH, OF GREENVILLE COUNTY. SECTION 1. Be it enacted by the Senate and House of RepresenCorporators. tatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That T. W. Roe, Stephen Marchbanks, Barnet Hawkins, and their associates and successors, are hereby made a body corporate and politic, under Title. the name and style of the " Reedy River Baptist Church, of Greenville County," with all the powers and privileges vested in such like corporations by law; to sue and be sued, plead and be impleaded, Powers and in their corporate capacity; to have a common seal, and alter the privileges. same at will; to enact such rules and by-laws, for the government of their body, not repugnant to the laws of the land. SEC. 2.'This Act to be deemed a public Act, and continue in force until repealed. Approved March 12, 1872. No. 141. AN ACT TO INCORPORATE THE LANCASTER RIFLEMEN. SECTION 1. Be'it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in GeneCorporators. ral Assembly, and by the authority of the same, That R. W. Cou' OF SOUTH CAROLINA. 185 sart, F. A. Clinton, A. Hutson, C. L. Jones, Randall H. Sapps, Wim. A. D. 1872. McKenna, J. F. G. Mittag and John Q. Cousart, and their associates and successors, are hereby made and created a body politic and corporate, under the name and style of the Lancaster Rifle- Title. men. SEC. 2. And said corporation shall have power to make by-laws, Powers and not repugnant to the laws of the land; and shall have succession of officers and members, according to their election; and to keep and use a common seal, and the same to alter at will; to sue and be sued in any Court of this State; to have and enjoy every right, power and privilege incident to such -orporations; and it is hereby empowered to acquire, retain and enjoy all such property, real and personal, as may be given or bequeathed to or purchased by it, and to sell, convey or mortgage the same, or any part thereof, at will. SEC. 3. That the said corporation may, from time to time, invest Investment the moneys, assets, or any property which it may acquire, in such of funds, &. real or personal property, lands, stocks, or in sureties, in such sums, and on such terms and conditions, as it may deem proper, and to execute bonds, &c., under its corporate seal: Provided, That the maximum value of all property held and owned by said corporation shall not exceed twenty-five thousand (25,000) dollars. SEC. 4. That this Act shall continue in force during fifteen (15) years, and may be given in evidence without being specially pleaded. Approved March 12,1872. AN ACT TO RE-OPEN A PUBLIC HIGHWAY IN RICHLAND NO. 142. COUNTY. Be 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 authority of the same, That the County Corn- Gadsden missioners of the County of Richland be, and they are hereby, Rladre-openauthorized to cause to be re-opened, the old Gadsden Road, commencing at a point near Jones' Crossing, on the McCord's Ferry Road, and ending at the Gadsden Depot, on the South Carolina Railroad. Approved March 12, 1872. 186 STATUTES AT LARGE A. D. 182. AN ACT TO INCORPORATE THE RIVERS GUARDS, OF HAMBURG, SOUTH CAROLINA. No. 143. SECTION 1. Be it enacted by the Senate and House of Represen tatives of the State, of South Carolina, now met and sitting in GenCorporators. eral Assembly, and by the authority of the same, That John Williams, Lewis Cartledge, Cato McGraw, James Coleman, and their successors and associates, are hereby incorporated and made and declared a body politic and corporate, in deed and in law, by Corporate the name and style of the " Rivers Guards," of Hamburg, South name. Carolina; and, as such body politic and corporate, shall have power to make, use, have and keep a common seal, and the same Powers and at will to alter; to make all necessary by-laws, not repugnant to the privileges. Constitution and laws of this State and to have succession of officers and members, conformable to such by-laws; to sue and be sued, plead and be impleaded, in any Court of competent jurisdiction; and to have, use and enjoy all other rights, and be subject to all other liabilities, incident to bodies corporate. SEC. 2. This Act shall be deemed and taken to be a public Act, and shall continue in force, from and after its passage, for the space of ninety-nine years. Approved March 12, 1872. No. 144. AN ACT TO PROVIDE FOR A UNIFORM SYSTEM OF SCHOOL RECORDS. SECTION 1. Be 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 authority of the same, That the State Uniform systemof school Superintendent of Education of the State of South Carolina be, records to be publishedand and he is hereby, authorized to prepare and cause to be published bu and distributed a complete and uniform system of school records and blank forms, for the use of the officers and teachers of the free common schools of this State. SEC. 2. That, for the purpose of carrying out the provisions of 7,000 appro- Section 1 of this Act, the sum of seven thousand (7,000) dollars priated to pay for same. be, and the same is hereby, appropriated: Provided, That the same shall only be paid out on the order of the State Superintendent of Education: And provided, further, That no part of the said appropriation shall be used for any other purpose than is specified in this Act. OF SOUTH CAROLINA. 187 SEC. 3. That this Act shall take effect immediately after its pas- A. D. 1872. sage. Approved March 13, 1872. AN ACT TO ESTABLISH AN INFERIOR COURT FOR THE TRIAL OF o. 145 CRIMINAL CASES IN THE COUNTY OF CHARLESTON. SECTION 1. Be 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 authority of the same, That there shall be Criminal established in the County of Charleston an Inferior Court for the court establisheld. trial of criminal cases, to be called the Criminal Court of Charleston County, and which shall be organized by the Judge thereof, immediately after his election. SEC. 2. The Clerk of the Court of Common Pleas and General Clerk and Sessions, and the Sheriff of the County, shall, respectively, be the Courtof Ctom Clerk and the Sheriff of the Criminal Court, and may act in person tone Cleak or by deputy. All prosecutions shall be conducted by the Attor- ani Sheriff o f ney General or the Solicitor of the Circuit to which the County of Charleston may be attached. These officers shall receive the same fees as are now provided by law, and the Judge of the Criminal Fees. Court shall approve their bills for services rendered in the said Court in the same manner, and in like cases, as Judges of the Circuit Courts are now required by law. SEC. 3. The Judge of the Criminal Court, herein provided for, Judge of shall be elected by the General Assembly, at the present session, letiourquaand immediately after the passage of this Act he shall qualify, in teifiatione the same manner as the Circuit Judges, and shall hold his office for and corpenthe term of four years, and until his successor is elected and qualified. He shall receive, from the Treasury of the State, a salary of two thousand five hundred dollars, payable in the same manner as the salary of Circuit Judges. He shall have power to practice as an attorney in all other Courts, except the Criminal Court. SEC. 4. The Criminal Court shall have exclusive appellate juris- Jurisdiction. diction of all criminal causes from the Courts of Trial Justices for Charleston County, and exclusive original jurisdiction of all criminal causes less than capital, and not at present conferred by law Drawing and upon the Courts of Trial Justices. In these cases, the same laws, empanneling fees, powers and practice shall prevail in the Criminal Court as in of Juries. the Court of General Sessions, and the juries shall be drawn and empanneled in the same manner as is provided by law for the Court 188 STATUTES AT LARGE A. D. 1872. of General Sessions: Provided, That the grand juries drawn for the Court of General Sessions shall also be the grand juries in the Criminal Court. SEC. 5. The Criminal Court shall have the same power and jurisJurisdiction diction as the Court of General Sessions in reference to defaulting in reference to defaulting jurors, estreating, recognizances taken in all causes within its jnrisjurors, eontempt, &c. diction, and punishing for contempt, and may issue rules, orders and attachments in the same mannel and in like cases as the Court of General Sessions. The Judge of the Criminal Court shall ex offico have all the powers of a Trial Justice. SEC. 6. That the Judge of the Criminal Court shall have power May execute to execute the provisions of the habeas corpus Act, and shall also provisions of H-eas cor- exercise jurisdiction under habeas corpus at Common Law, in all pus AX cases arising within the County of Charleston: Provided, That during the session of the Court of General Sessions for the said County, he shall exercise no Common Law jurisdiction under habeas corpus. SEC. 7. The Criminal Court shall be a Court of Record. It shall The Crimin- ordinarily sit in the Court Room of the County Court House, and al Court a Court of Re- when the Court House may be occupied by the Circuit Court, a cord. suitable place near by shall be provided for its sittings by the County Commissioners. In case of an epidemic disease prevailing Place of meet- at the Court House, or for any other good cause, in the discretion of ing the Judge, he may adjourn the Court over to a future day, or to Adjournment some other place in the County; and witnesses, jurors and all persons concerned, having due notice thereof, shall attend at such time or place. SEC. 8. The Criminal Court shall hold four regular terms each larterm gof year, on the first Monday of January, April, July and October, Cyurt each each term to be continued so long as business may require, and, if year. necessary, to be adjourned, from time to time, in the discretion of the Judge. The Judge shall also have power to hold special sesSpecial Sessions. sions at any time, in his discretion, and all processes issued and recognizances taken for the next regular term shall be held to refer to such special term, due notice having been given, by publication in one or more of the newspapers of the County, at least ten days before the commencement of such special session. SEC. 9. Appeals from the Criminal Courts shall lie to the SuAppeals. preme Court in all cases within the jurisdiction of the Criminal Court, in like manner as is provided by law for appeals from the Circuit Court. Judge, im- SEC. 10. The Judge of the Criminal Court shall, immediately tediately e after his election, order a special term of the Court herein constiter his eater the pblication of sc oa specia, too,etuted to be held within ten days after the publication of such oraspecial term OF SOUTH CAROLINA. 189 der; all cases less than capital now on the dockets of the Court of Gen-. D. 1872. eral Sessions shall be transferred to the dockets'of the Criminal ~ Transfer of Court at the special term provided for in this Section. certain cases'. ^, to s id otxt. SEC. 11. All Acts or parts of Acts inconsistent with this Act are hereby repealed. Approved March 13, 1872. AN ACT TO INCORPORATE THE DAMASCUS BAPTIST CHURCH, IN No. 146. SUMTER COUNTY, SOUTH CAROLINA. SECTION 1. Be 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 authority of the same, That the mem- Corporate bers of the said Society be, and they are hereby declared to be, a body corporate, by the name and style of the "Damascus Baptist Church," and by that name and style shall have succession of officers and members, and shall have a common seal. SEC. 2. That the said corporation shall have power to purchase, Powers and - n i i i i- ~ i privileges. receive and hold any real or personal estate, not exceeding in value the sum of twenty thousand dollars, and to sell, convey and dispose of the same; and, by its corporate name, may sue and be sued, in any Court of this State,; and to make such rules and by-laws, not repugnant to law, as it may consider necessary and expedient. SEC. 3.'This Act shall be deemed and taken to be a public Act, and shall continue in force for the term of ninety-nine years. Approved March 13, 1872. AN ACT TO ABOLISH THE OFFICE OF STATE AUDITOR, AND CON- NO. 147, FER THE DUTIES OF HIS OFFICE UPON THE COMPTROLLER GENERAL. Whereas, a multiplicity of offices shou.ld be avoided by the State, Freamb1e, as well as unnecessary expenditures in keeping them up; and, whereas, the duties of State Auditor can be performed by the Comptroller General without detriment to the requirements of his office; therefore, 190 STATUTES AT LARGE A. D. 1872. SECTION 1. Be it enacted by the Senate and House of Represenfo State tatives of the State of South Carolina, now met and sitting in GeneAuditor abol- ral Assembly, and by the authority of the same. That the office of the ished. State Auditor be, and it is hereby, abolished, and the duties hitherto devolving upon that officer shall be performed by the Comptroller General.,SEC. 2. That this Act shall take effect on and after the general Act to take election in October, 1872, at which time the State Auditor shall effect after general eeic- turn over all books, papers and accounts of his office to the Comption. troller General. Approved March 13,1872. No. 148. AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO REVISE, SIMPLIFY AND ABRIDGE THE RULES, PRACTICE, PLEADINGS AND FORMS OF THE COURTS OF E RTS THIS STATE." Be it enacted by the Senate and House of Representatives of the State' of South Carolina, now met and sitting in General Assembly, Clerk ofCourt and by the authority of the same, That an Act entitled "An Act talleenttled to revise, simplify and abridge the rules, practice, pleadings and taoio o pen- forms of the Courts of this State," be, and is hereby, amended as sation from plaintiff. follows, viz: Insert, in Section 330, at the closeof sub-division 4 of said Section of said Act, the following words: " And in any civil action under this Code, Clerks of the Courts, Trial Justices and Sheriffs shall be entitled to demand and receive of the plaintiff in any such action, in advance, the same compensation as is allowed by law." Approved March 13, 1872. Nol 149, AN ACT TO AMEND AN ACT ENTITLED "A AN CT TO AM:END AN ACT ENTITLED'AN ACT FOR THE BETTER PROTECTION OF MIGRATORY FISH.' SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in Genlose time eral Assembly, and by the authority of the same, That Section 1 in creeks and of an Act entitled " An Act to amend an Act entitled' An Act for streams of the State. the better protection of migratory fish,'" be, and is hereby, a' mended OF SOUTH CAROLINA. 191 so as to read as follows:' There shall be a close time in all the A.D 1872. creeks, streams and inland waters of this State, from the setting of " the sun each Friday until the rising of the sun on each Tuesday, during which time all seines, nets or any plan or device for the stoppage, or collecting of fish, which obstruct more than two-thirds of any stream, other than a dam for manufacturing purposes, shall be removed from said creeks, streams or waters, and the owner, in whole or in part, of any such obstruction, plan or device, shall be Penalty for liable to a fine of two hundred dollars for each and every offense, violation. one-half to go to the informer, and the other half to the use of the County in which such obstruction is found. SEC. 2. This Act shall take effect on and after its passage. Approved March 13, 1872. AN ACT TO INCORPORATE THE CHARLESTON LAND AND JOINT No. 150, STOCK COMPANY. SECTION 1. Be it enacted by the Senate and House of Represen- Corporators. tatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That C. Simons, Thomas Mathews, L. F. Campbell, Samuel Porcher and Wim. Fields, and such other persons as may now, or hereafter shall be, associated with them, are hereby made and declared a body politic and corpo- Corporate rate, by the name and style of the Charleston Land and Joint Stock name. Company. SEC. 2. That the association aforesaid shall have succession of offi- General pow-' ers. cers and members, according to its by-laws, and shall have power to niake by-laws not repugnant to the laws of the land; and to have, use and keep a common seal, and the same to alter at will; to sue and be sued, and plead and be impleaded, in any Court in this State; it is hereby empowered to retain, possess and enjoy all such pro- Ms hold and perty, real and personal, as it may possess or be entitled to, or which property. hereafter may be purchased or in any way acquired by it, and to sell, alien or transfer the same. SEC. 3. That this Act shall be deemed a public Act, and continue in force for the term of fourteen years. Approved March 13, 1872. 192 STATUTES AT LARGE A.D. 1872 AN ACT TO INCORPORATE THE SOUTH CAROLINA REAL ESTATE No. 151. NO. 151. AND JOINT STOCK COMPANY. SECTION 1. Be 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 authority of the same: That R. A. Corporators. Sisson, Lewis Heyward, Washington Ash, Lewis Wilson, P. B. Lusk, Lewis Carr, Robert L. Jones, M. D. Stone, Edwin Marks, Henry Johnson, J. H. Snyder, T. Sands, A. Boldgood, together with such persons who now are, or maybe hereafter, associated with them,be, and they are hereby, declared a body politic and corporate, under the name and style of the South Carolina Real Estate and Joint Stock corporate Company," for the purpose of loaning out money on interest, purname. chasing and mortgaging real estate, buying and selling or otherwise disposing of personal property; and they shall have the same rights and privileges now enjoyed by banking corporations of this Purposes of State; they shall also have undisputed right to dispose of any and corporation. all such property, real, personal or mixed, that they may become possessed of, in any manner, and on such conditions as the said association, for theirown interest, may deem fit and proper. SEc. 2. That the capital stock of said company shall consist of Capital stock. two thousand shares, to be paid in by successive monthly installments of one dollar on each share, or in such manner as their constitution and by-laws may hereafter provide for; and such shares shall be held, transferred or assigned and pledged, and the holders thereof to be subject to such fines and forfeitures for default in their payment, as may hereafter be provided. SEc. 3. That said company shall have power and authority to General pow- make any such rules and by-laws for its government; and shall have such members and succession of members and officers as shall be ordained and chosen according to their said rules and by-laws made, or, to be made, by them; shall have and keep a common seal, and may alter the same at will; and shall have and enjoy every right and privilege incident and belonging to corporate bodies; and the said company shall, and is hereby, authorized to begin business Agencies, in any County in this State, and to establish agencies at any points that may be deemed advantageous to the interest and benefit of the said company. SEC. 4. That all the rights conferred upon this comnpany, as proExclusive vided for in the preceding Sections, shall be exclusive in this State, rights. and all Acts, conflicting are hereby repealed, and the company Not subject hereby incorporated shall not be subject to any laws that may heret future en- after be enacted. actments. OF SOUTH CAROLINA. 193 SEC. 5. That this Act shall be taken and deemed a public Act, A.. 1872. and shall continue in force for the term of twenty-five years. SEC. 6. That this Act shall be of force immediately on and after its passage. Approved March 13, 1872. AN ACT TO REPEAL AN ACT ENTITLED "AN ACT TO CREATE NO. 152. A DEBT OF THE STATE OF SOUTH CAROLINA, TO BE KNOWN AS THE STERLING FUNDED DEBT, THE SAME, OR THE PROCEEDS THEREOF, TO BE EXCLUSIVELY USED IN, EXCHANGE FOR, OR IN PAYMENT OF, THE EXISTING PUBLIC DEBT OF SAID STATE." Be 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 authority of the same, That the Act passed by this General Assembly, approved March 7, 1871, entitled "An Act to sterling fund ed debt recreate a debt of the State of South Carolina, to be known as the pealed.t Sterling Funded Debt, the same, or the proceeds thereof, to be exclusively used in exchange for, or in payment of, the existing public debt of said State," be, and the same is hereby, repealed, as to each and all of its provisions. Approved March 13, 1872. AN ACT TO INCORPORATE THE SUMTER ACADEMICAL SOCIETY. NO. 153. SECTION 1. Be, 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 authority of the same, That Frank- Corporators. lin J. Moses, Jr., Samuel Lee, T. B. Johnson, A. L. Singleton, J. N. Corbett, W. J. Andrews, together with such other person or persons as are now, or may hereafter be, associated with them, shall be, and they are hereby, constituted and made a body politic and corporate, by the name and style of " The Sumter Academical So- Title. ciety," with power to sue and be sued, to plead and be impleaded, Powers to possess and hold, subject to former grants, escheated and other property within the County of Sumter, to an amount not exceeding twenty thousand dollars. 13 194 STATUTES AT LARGE A. D. 1872. SEC. 2. That all property heretofore vested in the Trustees of Certain pro- The Sumter Academical Society," incorporated by an Act entitled perty vested, An Act to incorporate certain companies and societies," passed on in incoi porators. the twentieth day of December, A. D. 1837, be, and the same is hereby, vested in the incorporators named in this Act, and such incorporators shall be deemed and held in law to be the proper and legal successors of such former Trustees. SEC. 3. That the corporators of the said Sumter Academical Authorized Society, named in the first Section of this Act, be, and they are hereby, orta exctlge authorized and empowered, for the benefit of the Society herein incorporated, and for no other purpose, to exchange the lot of land which was conveyed by the late J. B. Miller to certain Trustees for educational purposes, of whom F. J. Moses, Sr., is the survivor: Conditions Provided, That the condition of the exchange shall be, that a lot of of said exchange, the same size, within the corporate limits of the town of Sumter, shall be given; and a frame house, of equal capacity of the academy lately destroyed by fire, completely furnished with desks and seats, shall be erected thereon, subject to the acceptance of the aforementioned corporators. SEC. 4. This Act to be deemed a public Act, and to remain in full force until repealed. Approved March 13, 1872. No. 154. AN ACT TO ALTER AND AMEND AN ACT ENTITLED " AN ACT TO REVISE, SIMPLIFY AND ABRIDGE THE RULES, PRACTICE, PLEADINGS AND FORMS OF COURTS IN THIS STATE." Beit enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That Section 310 of an Act entitled "An Act to revise, simplify and abridge the rules, practice, pleadings and forms of Courts in this State," approved the first day of March, A. D. 1870, be, and the same is hereby, altered and Word "ref- amended by striking out therefrom the words " or by a referee apeneO" strick- pointed by the Court for that purpose," and the word " referee" immediately thereafter. Approved March 13, 1872. OF SOUTH CAROLINA. 195 AN ACT TO PROVIDE FOR A GENERAL LICENSE LAW. A. D. 1872. SECTION 1. Be it enacted by the Senate and House of Represen- No. 155. tatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That every indi- Stock, xvidual or copartnership, residing in the Counties of Charleston and change and bill brokers. Richland, designing to carry on or exercise the business of stock broker, exchange broker and bill broker, shall, and they are hereby, required to pay into the Treasury of their respective Counties, for the use of the State, the sum of one hundred dollars, payable quarterly, as follows: Twenty-five dollars on or before the first day of Licenseamount of. April, 1872; twenty-five dollars on or before the first day of July, 1872; twenty-five dollars on or before the first day of October, wEhen pay1872; and twenty-five dollars on or before the first day of January, 1873; and, if residing in any other County of this State, the sum of fifty dollars, in quarterly installments, on or before the first day of April, July and October, 1872, and January, 1873. The provisions of this Section shall be, and are hereby, extended to real estate Real est brokers and to merchandise brokers. A real estate broker is hereby broker detindefined to be one who engages in the purchase or sale of real estate for a commission or other profit; and a merchandise broker, one Merchandise ~ —'~' ^., broker definwho engages in the purchase or sale of merchandise for a commis- ed. sion or other profit. SEC. 2. Every person or company, designing to carry on or conduct the business of keeping a billiard room, bowling saloon or ten- Billiard rooms and pin alley in this State, shall be required to pay into the Treasury of bowling satheir or his respective County, for the use of the State, the #im of twenty-five dollars for every billiard table, the sum of twenty-five dollars for every alley, and the sum of ten dollars for every bagatelle iAemoun t aof table, the same to be paid in quarterly installments, on or before the when payable first day of April, July and October, 1872, and January, 1873: Provided, however, That this Act shall not be construed to apply to billiard tables, bowling saloons or ten-pin alleys, used in private residences, for private use. SEC. 3. Every hotel, inn, livery stable, tavern or saloon, shall be Hotels, inns, livery stables classified and rated according to the rental value thereof, and every and taverns. keeper or keepers of the same shall be required to pay into the Licensed according to County Treasury of the County in which such hotel, inn, tavern or rental value. saloon is kept, for the use of the State, the sums, according to said rental values, as follows, to wit: In all cases where such rental value, per year, shall be ten thousand dollars or more, such hotel, inn, tavern or saloon, shall pay the sum of three hundred and seventy-five dollars; when the rental value is seven thousand five hundred dollars, and less than ten thousand dollars, the sum of three hundred dollars; when five thousand dollars, and less than seven 196 STATUTES AT LARGE A. D. 1872. thousand five hundred dollars, the sum of two hundred and twentyfive dollars; when three thousand five hundred dollars, and less than five thousand dollars, one hundred and eighty-seven dollars and fifty cents; when two thousand five hundred dollars, and less than three thousand five hundred dollars, one hundred and fifty dollars; when two thousand dollars, and less than two thousand five hundred dollars, one hundred and thirty-one dollars and sixty-six cents; when fifteen hundred dollars, and less than two thousand dollars, one hundred and twelve dollars and fifty cents; when one thousand dollars, and less than fifteen hundred dollars, ninety-four dollars and seventy-five cents; when seven hundred and fifty dollars, and less than one thousand dollars, seventy-five dollars; when five hundred collars, and less than seven hundred and fifty dollars, sixty-seven dollars and fifty cents; when four hundred dollars, and less than five hundred dollars, sixty dollars; when three hundred dollars, and less than four hundred dollars, fifty-two dollars and fifty cents; when two hundred dollars, and less than three hundred dollars, forty-five dollars; when less than two hundred dollars, thirty-seven wLiense-a dollars and fifty cents. The above amounts shall be paid in quarble. terly installments, on or before the first day of April, July and October, 1872, and January, 1873. Dealers in SEC. 4. Every person, firm or company who shall engage in, or andof goo e xercise, the business of selling or vending any goods, wares, meraen d is e,- chandise, wines, distilled or malt liquors, drugs or medicines, except wines, distill- such as are sold by auction, under licenses granted them, and except ed liquors, drugs or med-. such as are sold by regularly licensed hotel, inn, tavern or saloon icines.,: 2.5 keepers, shall be required to pay into the Treasury of the County in which he or they shall design to conduct or carry on such business, Licensed ac- for the use of the State, the sums as follows, to wit: Those whose corcing to annual sales. annual sales amount to three hundred thousand dollars and upwards, shall constitute the first class, and pay two hundred and fifty dollars; those to the amount of two hundred thousand dollars, and less than three hundred thousand dollars, the second class, and pay two hundred dollars; those to the amount of one hundred and fifty thousand dollars, and less than two hundred thousand dollars, the third class, and pay one hundred and seventy-five dollars; those to the amount of one hundred and twenty-five thousand dollars, and less than one hundred and fifty thousand dollars, the fourth class, and pay one hundred and fifty dollars; those to the amount of one hundred thousand dollars, and less than one hundred and twentyfive thousand dollars, the fifth class, and pay one hundred and twenty-five dollars; those to the amount of eighty-five thousand dollars, and less than one hundred thousand dollars, the sixth class, and pay one hundred dollars; those to the amount of seventy-"five OF SOUTH CAROLINA. 197 thousand dollars, and less than eighty-five thousand dollars, the sev- A. D. 17z. enth class, and pay eighty dollars; those to the amount of sixty-five ~ thousand dollars, and less than seventy-five thousand dollars, the eighth class, and pay seventy dollars; those to the amount of fiftyfive thousand dollars, and less than sixty-five thousand dollars, the ninth class, and pay sixty dollars; those to the amount of forty-five thousand dollars, and less than fifty thousand dollars, the tenth class, and pay fifty dollars; those to the amount of thirty-five thousand dollars, and less than forty-five thousand dollars, the eleventh class, and pay forty dollars; those to the amount of twenty-five thousand dollars, and less than thirty-five thousand dollars, the twelfth class, and pay thirty dollars; those to the amount of twenty thousand dollars, and less than twenty-five thousand dollars, the thirteenth class, and pay twenty-five dollars; those to the amount of fifteen thousand dollars, and less than twenty thousand dollars, the fourteenth class, and pay twenty dollars; those to the amount of ten thousand dollars, and less than fifteen thousand dollars, the fifteenth class, and pay eighteen dollars; those to the amount of seven thousand five hundred dollars, and less than teA thousand dollars, the sixteenth class, and pay fifteen dollars; those to the amount of five thousand dollars, and less than seven thousand five hundred dollars, and all less than twenty-five hundred dollars, the seventeenth class, and pay five dollars: Provided, That the sale of Proviso. malt or spirituous liquors shall not, by this Section, be authorized in measures less than those of one quart; and that nothing herein contained shall be construed to extend to physicians, surgeons, apothecaries or chemists, as to any malt or spirituous liquors which they may use in the preparation or making up of medicines for sick, lame or diseased persons: And provided, further, That every seller vi1so.e'Pro or vender of wines, distilled or malt liquors, in pieasures not less than one quart, either with or without other goods, wares, merchandise, commodities or effects, as aforesaid, shall pay fifty per cent., in addition to the rates above specified, for the respective classes; and every license granted under this Act shall distinctly specify whether Licenses. the party obtaining the same is or is not authorized thereby to sell or vend wine, spirituous, distilled, or malt liquors. The above When payaamounts shall be paid in quarterly installments, on the first day of April, July and October, 1872, and January, 1873. Persons havSEC. 5. If any person or persons shall have more than one store irgmoretn)an in which merchandise, as described in the foregoing Section, is sold py stoea td or vended, such person or persons shall be required to pay the re- aacistorfe. spective amounts above specified, according to class, for each and every store. SEe. 6. Every individual, company, or corporation, other than 198 STATUTES AT LARGE A. D. 1872 national banks, carrying on or conducting a banking business in Individuals, this State, shall be required to pay into the County Treasury of the persons or County in which he or they shall carry on or conduct such busicorporations - carrying on ness, for the use of the State, the following respective sums, to wit: a banking business licens- For every bank, the capital of which is less than and does not exedl according b' to amount of ceed fiftv thousand dollars, the sum of one hundred and twenty-five capital. dollars;, for every bank, the capital of which does not exceed one hundred thousand dollars, but is greater than fifty thousand dollars, two hundred and fifty dollars; for every bank, the capital of which does not exceed one hundred and fifty thousand dollars, but isgreater than one hundred thousand dollars, three hundred and seventy-five dollars; for every bank, the capital of which does not exceed two hundred thousand dollars, but is greater than one hundred and fifty thousand dollars, five hundred dollars; for every bank, the capital of which does not exceed two hundred and fifty thousand dollars, but is greater than two hundred thousand dollars, six hundred and twenty-five dollars; for every bank, the capital of which does not exceed three hundred thousand dollars, but is greater than two hundred and fiftythousand dollars, seven hundred and fifty dollars; for every bank, the capital of which does not exceed three hundred and fifty thousand dollars, but is greater than three hundred thousand dollars, eight hundred and seventyfive dollars; for every bank, the capital of which does not exceed four hundred thousand dollars, but is greater than three hundred and fifty thousand dollars, one thousand dollars; for every bank, the capital of which does not exceed four hundred and fifty thousand dollars, but is greater than four hundred thousand dollars, eleven hundred and twenty-five dollars; for every bank, the capital of which does not exceed five hundred thousand dollars, but is greater than four hundred and fifty thousand dollars, twelve hundred and seventy-five dollars; for every bank, the capital of which does not exceed five hundred, and fifty thousand dollars, but is greater than five hundred thousand dollars, thirteen hundred and seventy-five dollars; for every bank, the capital of which does not exceed six hundred thousand dollars, but is greater than five hundred and fifty thousand dollars, fifteen hundred dollars; for every bank, the capital of which does not exceed six hundred and fifty thousand dollars, but is greater than six hundred thousand dollars, sixteen hundred and twenty-five dollars; for every bank, the capital of which does not exceed seven hundred thousand dollars, but is greater than six hundred and fifty thousand dollars, seventeen hundred and fifty dollars; for every bank, the capital of which does not exceed seven hundred and fifty thousand dollars, but is greater than seven hundred OF SOUTH CAROLINA. 199 thousand dollars, eighteen hundred and seventy-five dollars; for A. D 1872. every bank, the capital of which does not exceed eight hundred thousand dollars, but is greater than seven hundred and fifty thousand dollars, two thousand dollars; for every bank, the capital of which does not exceed eight hundred and fifty thousand dollars, but is greater than eight hundred thousand dollars, twenty-one hundred and twenty-five dollars; for every bank, the capital of which does not exceed nine hundred thousand dollars, but is greater than eight hundred and fifty thousand dollars, twenty-two hundred and fifty dollars; for every bank, the capital of which does not exceed nine hundred and fifty thousand dollars, but is greater than nine hundred thousand dollars, twenty-three hundred and seventyfive dollars; for every bank, the capital of which does not exceed one million dollars, but is greater than nine hundred and fifty thousand dollars, two thousand five hundred dollars; and for every additional fifty thousand dollars of capital, or fraction thereof, in excess of one million dollars, one hundred and twenty-five dollars. LicensesThe above amounts shall be paid, in quarterly installments, on or whven payabie. before the first day of April, July and October, 1872, and January, 1873. SEC. 7. Every railroad company or corporation in this State Railroadcompanies licensshall be required to pay into the Treasury of the County in which ed accordeilf to length of its principal office within this State is located, for the use of the track. State, the following respective sums, to wit: Every company or corporation, the length of whose main track and branches, together, is greater than two hundred and fifty miles, the sum of twelve hundred and fifty dollars; every one the length of whose main track and branches, together, is two hundred miles, and not exceeding two hundred and fifty miles, eleven hundred and twenty-five dollars; every one the length of whose main track and branches, together, is one hundred and fifty miles, and less than two hundred miles, one thousand dollars; every one the length of whose main track and branches, together, is one hundred miles, and less than one hundred and fifty miles, eight hundred and seventy-five dollars; every one the length of whose main track and branches, together, is seventy-five miles, and less than one hundred' miles, six hundred and twenty-five dollars; every one the length of whose main track and branches, together, is fifty miles, and less than seventy-five miles, three hundred and seventy-five dollars; and every one the length of whose main track and branches, together, is less than fifty miles, one hundred and eighty-seven and a half dollars. The above amounts shall be paid, in quarterly installments, on or before Li^ense: when pay able. the first day of April, July and October, 1872, and January, 1873. SEC. 8. Every person or company selling or vending commodi 200 STATUTES AT LARGE A. D 1872- ties or merchandise, of any description whatever, at or by public Auctioners, outcry, shall be deemed an auctioneer under this Act, and he or amount of li- they, carrying on or conducting such business in the Counties of cen se, and when paya- Charleston or Richland, shall be required to pay into the treasury of such County, for the use of the State, the sum of one hundred dollars; and if in any other County in this State, the sum of fifty dollars. The above amounts shall be paid in quarterly installments, on or before the first day of April, July and October, 1872, and January, 1873. Dr alers in SEC. 9. Every person, company or corporation carrying on or conf erLti i z e rs ducting the business of digging, mining, manufacturing or changing and phosphatic depoaits. into new forms for use as fertilizers, any mineral or phosphatic deposits in this State, or any party or parties who shall sell or establish an agency for the sale of fertilizers of any kind or description within mount ofthis State, who manufacture the same beyond the limits of the license, and State, shall be required to pay into the County Treasury of when payable. the County in which he or they shall carry on or conduct such business, for the use of the State, the sum of five hundred dollars, the same to be paid in quarterly installments, on or before the first day of April, July and October, 1872, and January, 1873. Attorneys- SEC. 10. Every person engaged in the profession or calling of atat-Law, physic ans, den- torney at law, solicitor or lawyer, physician or surgeon dentist, intists, insurance agents, surance agent or architect, in this State, shall be required to pay &c. Amount of into the Treasury of the County in which such person resides, for license, and when paya- the use of the State, the sum of ten dollars; all photographers and Photograph- Daguerrean artists, in Charleston and Richland Counties, twenty-five ers. dollars each, and for all the other Counties in the State, ten dollars each; and every person holding any office whatsoever, either elected or appointed, all officers of corporations and societies who receive a salary, shall be required to pay into the Treasury of the County in which such persons reside, for the use of the State, on or before the first day of April, A. D. 1872, the sum of one dollar for every one hundred dollars' salary receivable, or to be received, from such office. Any person engaged in the business of selling by samSellers by ple, or any person soliciting orders, shall pay the sum of twenty-five sample, &c, dollars. The above amounts shall be paid in quarterly installments, amount of license, and on or before the first day of April, July and October, 1872, and when payable. January, 1873. SEC. 11. Every company or corporation carrying on or conductTelegraph ing the business of telegraphing, or forwarding dispatches by teleclmTsPnaco-li graph, in this State, shall be required to pay into the Treasury of dingto length of line." the County in which its principal office within this State is located, for the use of the State, the following respective sums, to wit: Every company or corporation, the length of whose main line and branches, OF SOUTH CAROLINA. 201 together, is fifty miles or less, fifty dollars; every one, the length of A. D 1872. whose main line and branches, together, does not exceed one hun- - dred miles, but is greater than fifty miles, seventy-five dollars; and for every additional fifty miles, or fraction thereof, the sum of twenty-five dollars: Provided, however, That the above rates shall Proviso. apply to a single line of wire, and every company or corporation, as aforesaid, shall pay twenty per cent., in addition to the rates above specified, for every additional wire. The above amounts shall be paid in quarterly installments, on or before the first day of April, July and October, 1872, and January, 1873. Express cornSEC. 12. Every express company or corporation, carrying on or paniEe conducting the business of forwarding or carrying parcels, packages of goods, or merchandise of any description, over any of the railroads or public highways of this State, shall be required to pay into the Treasury of the County in which his or its principal office within this State is located, for the use of the State, the sum of two Amount of hundred and fifty dollars. The above amounts shall be paid in license, and quarterly installments, on or before the first day of April, July and when payable October, 1872, and January, 1873. SEC. 13. Every person, company or corporation carrying on or conducting any of the above occupations or businesses is hereby Returns undcer oath,o be required to make a return, under the provisions: of this Act, of.his m a d e t or their respective occupation or business, under oath, to the Audi- tount Auditor of his or their respective Counties, between the first day of April and the first day of June, A. D. 1872, and between the same dates;on each and every succeeding year thereafter; and every person, company or corporation carrying on or conducting any of the above occupations or businesses is hereby required to pay into the treasury of his or their respective Counties, for the use of the State, on or before the first day of April, July and October, 1872, and January, 1873, and at the same time on each succeeding year thereafter, the sum required by the foregoing provisions of this Act to be paid into the respective County Treasuries, on his or their respective occupation or business. SEC. 14. It is hereby made-the duty of each and every County County Audit. rs to deAuditor in this State, on or before the first day of April, July and liver to Treasurer dupli. October, 1872, and January, 1873, and at the same time on each cate lists. and every succeeding year thereafter, to make and deliver to the Treasurer of his County a duplicate list, and, at the same time, transmit to the State Auditor an abstract of the returns made to him under the provisions of this Act. SEC. 15. It shall be the duty of the Treasurer of each and every County in this State, upon the receipt of the first quarterly installment of the sum or sums specified to be paid upon any occupation 202 STATUTES AT LARGE A. D. 172. or business under the provisions of this Act, to give to the person, Tr asurert company or corporation paying the same a certificate to the Auissue certifi- ditor of his County, specifying the sum paid, and the occupation or cate to' Auditor. business on which the same was paid; and said Auditor, upon Adit, on presentation to him of such certificate, is hereby authorized and receipt of cer- directed to issue to the person or company, or corporation presenttifica e, to issue license. ing the same, a license, authorizing him or them to carry on or conduct such occupation or business for the period of one year from the first day of April: Provided, That the quarterly installments heretofore provided for shall be paid when due, or such license, so issued, shall become null and void; for the issuing of which license Fees o f said County Auditor shall receive the sum of twenty-five cents from County Audi- tor the person, company or corporation receiving the same as compensation for taking the returns and issuing the licenses provided for Proviso. in this Act: Provided, That any person, company or corporation who may commence any of the occupations or businesses specified in this Act after the first day of April, A. D. 1872, or of any succeeding year, shall take out a license from the time of commencing such occupation or business until the first day of April next thereafter, for which he or they shall pay a sum proportionate to the number of months intervening between such periods. SEC. 16. The County Treasurer of each and every County shall poltsofloun- e pay, or cause to be paid, monthly, into the State Treasury, all ty Treasurers. moneys received by him under the -provisions of this Act, and the State Treasurer shall receipt therefor to County Treasurers, in the same manner as is provided in Section 102 of an Act entitled " An Act to- provide for the assessment and taxation of property," passed the 15th day of September, A. D. 1868. SEC. 17. Any person or persons carrying on, or conducting any Penalty for non-compli- occupation or business named in this Act, without having first comance with this Act. plied with its provisions, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not less than double the amount of license imposed upon such business or occupation, and be imprisoned in the jail of the County in which such offense is committed, for a period of not less than six months, or either or both, at the discretion of the Court; and every company or corporation carrying on or conducting any occupation or business named in this Act, without having first complied with its provisions, shall be fined in a sum not less than double the amount of license imposed upon such business or occupation, and the Attorney General and Solicitors are hereby authorized and directed to take all legal proceedings necessary for the collection of such fine. Approved March 13, 1872. OF SOUTH CAROLINA. 203 AN ACT TO AMEND AN ACT ENTITLED " AN ACT TO ALTER AND A. D. 172. AMEND AN ACT TO INCORPbRATE THE TOWN OF MARION, AND N No. 156. FOR OTHER PURPOSES THEREIN MENTIONED." Be 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 authority of the same: That Section 2 be amended, on the 4th line, by striking out "three-fourths," and inserting in lieu thereof the word " one." That Section 3 be amended, on the 5th line, by striking out the word "January," and inserting in lieu thereof the word " December." That Section 4 be amended, on the 5th line, by inserting, between the words "thereof" and "the," the words "It shall be the duty of the Intendant and Wardens to cause all bar rooms, saloons, and other places for the sale of liquors by retail, to be closed during the progress of such saloo,,s, &0 c to be closed election, and until 6 o'clock in the morning of the day thereafter; on day of elec. and during the time aforesaid the sale of all intoxicating liquors are tion. prohibited. Any person or persons violating the provisions of this Section shall be punished by a fine not exceeding thirty dollars, or by imprisonment not exceeding thirty days in the County Jail, or by both such fine and imprisonment, at the discretion of the Town Council." Approved March 13, 1872. AN ACT TO RENEW THE CHARTER OF PEAY'S FERRY, OVER THE NO. 157. WATEREE RIVER. SECTION 1. Be 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 authority of the same, That the charter of the ferry over the Wateree River, known as Peay's Ferry, be, and the same is hereby, renewed and continued in force from and Charter reafter the passage of this Act, until amended or repealed; and the vested inanD same is hereby vested in D. J. D. Cureton, his executors, adminis- J D. Cureton. trators and assigns, subject to like powers, privileges and limitations as were formerly conferred upon the owner of said ferry by law: Provided, however, That the following rate of ferriage only Rtollates of shall be charged and collected, to wit: Single passengers, 5 cents; man and horse, 15 cents; buggy, 25 cents; 1 horse wagon, 25 cents; 2 horse wagon 50 cents; 4 horse wagon, 75 cents. 204 STATUTES AT LARGE A. D. 1872. SEC. 2. All persons attending public meetings and elections, and children going and returning from school, shall be exempt from any and all charges for ferriage. Approved March 13, 1872. No. 158. AN ACT TO RENEW THE CHARTER OF THE CONGREGATION KNOWN AS DEREKH EMETH, OR PATH OF TRUTH, OF THE CITY OF COLUMBIA, S. C. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, Charter and by the authority of the same, That the charter of the Synarenewed. gogue heretofore known by the name of Derekh Emeth, or Path of Truth, of the City of Columbia, be, and the same is hereby, extended, and shall continue in force until repealed. Approved March 13, 1872. No. 159. AN ACT TO INCORPORATE THE LANCASTER AND CAMDEN RAILROAD COMPANY, OF SOUTH CAROLINA. SECTION 1. Be 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 authority of,the same, That, for the purpose of establishing a railroad company from Camden to Lancaster, a charter, with the rights and privileges incidental to the same, be, and is hereby, granted to, and vested in, H. J. Hickson, Corp.. W. Cousart, Joseph Clark, J. F. G. Mittag, B. J. Witherspoon, D. C. Wolfe, W. M. Shannon, J. B. Kershaw, W. Z. Leitner, Mannes Baum, Samuel Boykin, T. F. McDow, S. H. Brewer, L. J. Patterson and John Kershaw, and their associates; and when a company shall be formed, in compliance with the conditions herein Corporate prescribed, it shall be known by the name of the Lancaster and name. Camden Railroad Company, and shall have a corporate existence, as a body politic, in perpetuity. Capital stock. SEC. 2. That the capital stock of said company shall be one million dollars, in shares of twenty-five dollars, or five acres of land Books of each; and, in order to raise the said capital stock, it shall be lawful to open books of subscription i such places, and at such times, as to open books of subscription in such places, and at such times, as OF SOUTH CAROLINA. 205 may be deemed for the best interests of the corporation, under the A. D 1872. direction of the corporators; the times and places for receiving such subscriptions to be determined by a majority of the corporators; but should a majority fail to fix such times and places, then such times and places may be fixed by any six of the corporators hereinbefore named, having given due notice of the same in any newspaper or newspapers of the State; and the subscription books shall be kept open for twenty days, from such times, and at such places, as said corporation may determine; that, on each share of stock subscribed, or land to the value of each share so subscribed, the said subscribers shall pay two dollars to the corporators, who shall deposit the same in some National or State bank. When fifty thousand dollars, or the value thereof in land, shall have been subscribed, the said corporators, or any six of them, shall give notice, by publication, for at least ten days, of the time and place of meet- organition.t ing for organization. SEC. 3. Whenever the said sum of fifty thousand dollars, or the value thereof in land, shall have been subscribed, the subscribers, their executors, administrators and assigns, shall be, and they are hereby declared to be, incorporated into a company, and shall have all the rights and privileges conferred upon the South righltsancd lri vilegl-s coniCarolina Central Railroad Company, ratified: Provided, fere S n however, That nothing herein contained shall be so construed as to lit eCatri exempt the said company from payment of taxes: Provided,further, Railroad. That this Act shall not be construed so as to bind the State to endorse, guarantee or aid said road: Provided, further, That nothing herein contained shall be so construed as to exempt said company from the provisions of Section 1, Chapter LXIII, of the General Statutes. SEC. 4. That the said company shall have the right to construct necessary stations and turn-outs, with one or more tracks to the road: Provided, That the said road shall be commenced within Time for commencing one year, and completed within five years, after the passage of this and completA ct, or the charter thereof shall be forfeited: And provided, further, That the said road shall be subject to the provisions of an Act entitled "An Act to declare the manner by which the land, or the right of way over the lands, of persons or corporations may be taken for the construction and uses of railways, and other works of internal improvement," ratified September 22, A. D. 1868. SEC. 5. That this Act shall be deemed a public Act, and continue in force for twenty-one years. Approved March 13, 1872. 206 STATUTES AT LARGE A. D. 1872. AN ACT TO INCORPORATE THE LINCOLN LIGHT INFANTY, OF DARLINGTON. No. 160. SECTION 1. Be it enacted by the Senate and House of Represenorporators. tatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That Samuel J. Keith, Larry Aiken, Jacob Smart, upder the name and style of the Title. "Lincoln Light Infantry, of Darlington," and their associates and successors, be, and they are, respectively, incorporated, and made and declared a body politic and corporate, in deed and in law, and, as such body politic, shall have the power to. use and keep a common Powers and privileges, seal, and the same at will to alter; to make all necessary by-laws, not repugnant to the laws of the land, and to have succession of ffiocers and members, conformable to such by-laws; to sue and be sued, plead and be impleaded, in any Court of law or equity in this State; and to have, use and enjoy all other rights, and be subject to all other liabilities; incident to bodies corporate. SEC. 2. That this Act shall be deemed and taken to be a public Act, and shall continue in force for the space of ten years from and after its passage. Approved March 13, 1872. NO. 161. AN ACT FOR THE RELIEF OF THE WIDOWS AND ORPHANS OF PERSONS KILLED BECAUSE OF THEIR POLITICAL OPINIONS. SECTION 1. Be 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 authority of the same, That where the writ of habeas corpus has been suspended by the Pi-esident of the UniLevy of er- ted States, there shall be levied and collected, at the same time and tain tax. in the same manner that all other taxes are collected, a special tax of one-half (i) mill on the dollar, of the assessed value of all the taxable property of each and every of said Counties, the proceeds of which tax shall be paid into the County Treasury in said Counties, Pension respectively; and shall constitute a pension fund for the support of the indigent widows and orphans of those persons who have been killed in said Counties because of their political opinions: Provided, That if in any County said levy cf one-half (}) mill on the dollar shall be more than sufficient for the support of the widows and orDisposition phans aforesaid in said County, then said excess shall be applied to fuanUs.U the school fund, to be disbursed according to law. OF SOUTH CAROLINA. 207 SEC. 2. That each of such destitute or indigent widows or or- A. D. 1872. phans, on satisfactory proof (by not less than two disinterested wit- ~' nesses) furnished to the County Treasurer of his or her County,shall receive an allowance or pension of the amount as follows, to wit: Each widow For each widow, ten dollars per month; for each orphan child, under Children $6 the age of fifteen years, six dollars per month, payable on the first per month. day of each and every month'by the County Treasurer, such allowance to be continued during the widowhood of such widow, or to such orphan child until he or she shall have attained the age of fifteen years. The County Treasurers of said Counties shall re- County Treasport to the next General Assembly a detailed statement as to how port annally to GeneralAsfar the provisions of this Act have been carried into execution. sembly. SEC. 3. This Act shall take effect from the date of its passage. Approved March 13, 1872. AN ACT TO INCORPORATE THE EDISTO, CAW CAW AND WAITES' NO. 162. CREEK CANAL COMPANY, OF SOUTH CAROLINA. SECTION 1. Be 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 authority of the same, That Richard H. Corporators. Cain, Timothy Hurley, John D. Weatherly, David Ricker, John C. Downing, B. A. Bosemon, A. J. Ransier, W. M. Thomas, A. P. Holmes, George F. McIntyre, L. J. Maddocks, S. Small, E. D. Holmes, Robert Tarlton, George Lee, B. Byas, P. P. Hedges, Wm. R. Jervey, and such other persons as they may associate with them, their successors and assigns, be, and they are hereby, constituted a body corporate and politic, by the name and style of the Edisto, Corporate Caw Caw and Waites' Creek Canal Company. And they are hereby made corporate in law, to have, hold, purchase and possess lands, and to make sale of the same, or any property acquired by them, ae corporation. a company, to carry on the lumber, wood business, dig phosphates that may be on their lands, to erect houses, mills, machine shops, manufactories, dig out and clean away any obstructions which may be necessary in order to complete a navigable water course from the Edisto River to the Ashley River in this State, conveying water, lumber, wood, barges, rafts, boats, or any craft that may be necessary to carry out the designs of said company. They may also convey fresh water to the city of Charleston, by such means as they May convey may deem best, and at such time as shall be most practicable; and whaterson.t j Charleston. 208 STATUTES AT LARGE A. D. 1872. shall have authority to impose such a toll on vessels, rafts, barges, boats and flats as may be deemed proper for the use of said canal. Toll. Capialtock SEC. 2. The capital stock of this company shall be five hundred thousand dollars, divided into shares of ten (10) dollars each, and shall organize when ten thousand dollars shall be subscribed and paid in, either in cash, or lands, machinery, goods, or any material which may be deemed of equal value to said company, which may be applied in its operations. Annual meet- SEC. 3. There shall be held annual meetings of the stockholders ings. President to elect a President and Directors; there shall be four Directors, and Direc.tors. who shall hold their offices for one year. SEC. 4. Each share shall represent one vote in all elections for officers. Transfer of SEC. 5. All transfers of shares shall be made in accordance with shares. ank rules for making transfers of shares. The Directors shall make all needful by-laws for tle government of the company, and alter and amend the same at pleasure. ~Wat.er cninmunication. SEC. 6. This company shall have water communication from the Edisto River, through Bull Creek, and the most direct route through Caw Caw Swamp water lead, to Waites' Creek, two hundred feet wide, and may appropriate any lands on said route necessary to forward this enterprise and facilitate quick transportation: Provided, That they shall pay a just and reasonable compensation for all land appropriated for said purpose. Rates of toll. SEC. 7. That they, and their successors, shall fix and establish any toll, and receive the same, on all goods, merchandise, timber, lumber, wood, boats, flats, rafts, or any means of transit through said canal, and any party refusing to pay said toll, their goods may be detained till said toll is paid. Issue of bonds SEC. 8. The said company shall have authority to issue coupon bonds, bearing eight per cent. interest, redeemable in ten and twenty years, not exceeding one hundred thousand dollars. May con- SEC. 9. They shall have power to commence work immediately mmediately. on its formation, and may make publication of the same, and keep open their subscription books at such time and place as they may determine. SEC. 10. This Act shall be deemed a public Act, and shall remain in force for fifty years. Approved March 13, 1872. OF SOUTH CAROLINA. 209 AN ACT TO INCORPORATE THE MERCHANTS' BUILDING, TRUST A.D. 1872. AND LOAN ASSOCIATION, OF AIKEN, SOUTH CAROLINA. N ]No. 1o3. SECTION 1. Be 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 authority of the same, That W. H. Jones, H. J. Maxwell, J. A. Bowley, P. R. Rivers, E. P. Stoney, James Major, Joseph Quash, M. J. Hirsch, C. D. Hayne, John C. Cotrporators. Ford, E. Ferguson, James Johnson, J. B. Bascomb, J. S. Mobley and E. M. Sumpter, together with such other persons who are now, or may hereafter be, associated with them, be, and they are hereby, declared a body politic and corporate, (for the purpose of making loans of money, by certificate or otherwise, secured by mortgage on real estate and personal property of any and all description, or by conveyance of the same to their members and stockholders or other persons,) by the name and style of the " Merchants' Building, Trust PCorporate and Loan Association, of Aiken, South Carolina." The capital name. stock of said Association shall consist of twenty-five hundred shares, apitastock to be paid in by successive monthly installments of one dollar on each share, so long as the corporation shall continue; and the said shares to be held, transferred, assigned and pledged, and the holders thereof to be subject to such regulations, for defaults in their payments, as may be prescribed by the by-laws created for the government of the corporation. SEC. 2. That the said corporation shall have power and authority Generalpowto make any such rules and by-laws for its government as are not es repugnant to the Constitution and laws of the land; and shall have such succession and number of members and officers as shall be ordained and chosen, according t9 the rules or by-laws made, or to be made, by them; shall have and keep a common seal, and alter the same at will; may sue and be sued, plead and be impleaded, in any Court of law or equity in this State; and shall have and enjoy every right, privilege and immunity belonging to corporate bodies, as guaranteed by the laws of the land. SEC. 3. That the said corporation shall have power to take, pur- May hold chase, hold and enjoy real estate, and to sell and transfer the same, property. as may be deemed proper, to its members and others, on such terms, and on such conditions, and subject to such regulations, as maybe prescribed by the rules and by-laws of said corporation. SEC. 4. That the funds of said corporation shall be loaned and investment advanced to its members and stockholders, or others, upon the secu- of funds. rity of real and personal property, and used in the purchase of real estate for the benefit of its members and stockholders, on such terms, and on such conditions, and subject to such regulations, as may, 14 210 STATUTES AT LARGE A. D. 1872. from time to time, be prescribed by the rules and by-laws of said corporation; and it shall be lawful for the said corporation' to hold such lands, tenements, hereditaments and personal property as shall be mortgaged or conveyed to them in good faith, by way of security, upon its loans and advances, and may sell, alien or otherwise dispose of the same to its members, stockholders or others, as they, from time to time, may deem expedient. SEC. 5. That all the privileges, rights and immunities conferred Privileges conferred on upon any and all chartered banking corporations in this State be, all banking institutions and the same are hereby, conferred upon the association hereby inin this Stace conferred on corporated, and they shall be, and are hereby, authorized and emtion rp. powered to adopt any and all such charters to facilitate them in carrying on the business contemplated by the association. SEC. 6. That this Act shall be deemed a public Act, and continue in force for the term of fourteen years; and the same may be given in evidence without being specially pleaded. Approved March 13, 1872. No. 164. AN ACT TO CHARTER THE SPARTANBURG AND PORT ROYAL RAILROAD COMPANY. SECTION 1. Be 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 authority of the same: That, for the purpose of establishing a railroad from Spartanburg to Port Royal, a charter, with all the rights and privileges incidental to the same, be, and is hereby, granted to W. J. Whipper, R. Smalls, N. B. Myers, Corporators. James M. Baxter, J. J. Patterson, James N. Hayne, H. C. Corwin, H. G. Worthington, G. Cannon, B. A. Bosemon, W. H. Jones, James Miller, H. W. Duncan, J. S. Mobley, J. A. Bowley, D. R. Duncan, Timothy Hurley, William Munro, R. M. Smith, S. J. Lee, J. H. Evans, J. T. B. Jeter, L. Wofford, F. S. Jacobs, R. J. Donaldson, Hardy Solomon, D. A. Childs, S. A. Swails, T. J. Moore, J. C. Bonsall, S. L. Hoge, C. D. Melton, J. M. Allen, Thomas Steers and W. J. Wilkins, and their associates and successors, who are hereby constituted a body politic and corporate, by the name name. and style of the Spartanburg and Port Royal Railroad Company. SEC. 2. That the said Company is hereby authorized to construct Extent of a railroad from Spartanburg to Port Royal, by such route as shall robe foun t suitable and advantageous. be found most suitable and advantageous. OF SOUTH CAROLINA. 211 SEc. 3. That the capital stock of said company shall be one and A. D. 1872 a half million dollars, with the privilege of increasing it to two and a half million dollars, if found necessary, to be divided into shares Capitalstock of fifty dollars\each; and, for the purpose of raising such capital stock, it shall be lawful to open books of subscription, at such times and places, and to keep them open for such periods of time, and Books of subscription. under the direction of such persons, as may be determined on by a majority of said company. That subscriptions to the capital stock may be made in land, at a rate, per acre, to be agreed upon at the time of subscription; and that each and every person subscribing land shall execute a deed to the said company; and that all amounts subscribed in land or money shall constitute the joint stock capital for the purpose of constructing and carrying into capital. operation the railroad provided for by this Act; and the said' railroad shall have pqwer to mortgage its property and franchises, and issue bonds, on such terms and conditions, and for such uses and Issue of purposes of said corporation, as the Board of Directors thereof may deem expedient. SEC. 4. That the said railroad shall be subject to the provisions of an Act of the General Assembly of South Carolina, passed Sep- Subject to tember 22, 1868, entitled " An Act to declare the manner by which PArctvof 188. lands, or right of way over the lands, of persons or corporations may be taken for the construction or use of railways, and other works of internal improvement:" Provided, however, That nothing herein contained shall be construed so as to exempt the said company from the payment of taxes: Provided, further, That nothing herein contained shall be construed so as to exempt said company from the provisions of Section 1, Chapter 63, of the General Statutes. Approved March 13, 1872. AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A SCHOOL IN NO. 165. THE STATE PENITENTIARY. SECTION 1. Be 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 authority of the same, That, on the passage of this Act, it shall be the duty of the Superintendent of the Peniten- convicts in tiary to organize a school in the said institution, for the benefit of Penitentiary. such convicts confined therein as may reasonably be expected to derive advantages therefrom. He shall employ teachers at such compensation as the Directors of the Penitentiary shall deem proper; 212 STATUTES AT LARGE A. D. 872. and said teachers may be removed when found inefficient, incompetent or inattentive to their duties, or for any other cause unsuitable for the trust. SEC. 2. The school shall be in operation every working day of s hoolhours. the week, at such time, between the hours of 6 and 8 A. M., and between 4 and 8 P. M., as shall not interfere materially with the general work or labor, nor with the meal hours established, or hereafter to be established, at the institution: Provided, That the Directors Proviso. and the Superintendent of the Penitentiary may increase the said time, and protract or lengthen the hours of the school, at their discretion, for such convicts or scholars as shall manifest particular aptness to derive benefit therefrom. SEC. 3. That it shall be the duty of the State Superintendent of Superintend- Education, on the requisition of the Superintendent of the Penitenent of Education to supply tiary, approved by the Directors, to supply the said school with said school With books. such text books as may be necessary forits use, on such terms and conditions as may be established for supplying the Free Common Schools of the State. SEC. 4. That all Acts or parts of Acts inconsistent with this Act be, and the same are hereby, repealed. Approved March 13, 1872. No. 166. AN ACT TO AMEND THE LA'W IN RELATION TO THE LICENSE AND REGISTRATION OF PHARMACEUTISTS, APOTHECARIES AND DRUGGISTS, AND TO REGULATE THE VENDING OF DRUGS AND POISONS. SECTION 1. Be it enacted- by the Senate and House of Representatives of the State of South Carolina, now met and sitting in GenConferring certain pow- eral Assembly, and by the authority of the same: That, from and ers on the Medical Fac- after the passage of this Act, the Medical Faculty of the Univerulty of the University of sity of South Carolina shall possess and exercise all the powers South Carolina. heretofore given and now possessed by the Faculty of the Medical College of Charleston, in respect to the examination and license of pharmaceutists, apothecaries and druggists: Provided, That this Section be construed as in no wise'diminishing the powers of the Faculty last named; but as giving to the Faculty first named the same powers, and also imposing thereon the duty and obligation to exercise such powers, upon due application. SEC. 2. That every pharmaceutist, apothecary or druggist who carries on and conducts the business of such occupation in this State, OF SOUTH CAROLINA. 213 after the expiration of six ynonths from the passage of this Act, A. D. 1872. must have a license therefor from one of the above named bodies. And any person who shall thereafter carry on and conduct the Pharmaceubusiness of said occupations, or any of them, without such license, caries and shall be liable to indictment as for a misdemeanor, and, on convic- dugists retion, to a fine not exceeding five hundred dollars, or imprisonment have a license not exceeding six months. SEC. 3. That, before granting said license, except in the cases hereinafter excepted, each applicant therefor shall undergo an ex- Applicants amination by and before that body to which the application is made, for eicgnses to undergo exand of such nature as they shall require; but such examination amination. must include the reading of manuscript prescriptions and explanations thereof, the discovery or detection of unusual doses of drugs, and especially of poisons, the recognition and distinguishing of the various roots, barks, leaves, fruits, rosins and gums in common use, and the proper antidotes and mode of administration thereof for the different poisons. SEC. 4. That no examination shall be required in case the appli- GehtrLadtc e cant is a regular graduate in medicine or pharmacy of a school that cense without examination. is on the ad eundem of the University of South Carolina, but such an applicant shall be entitled to a license, upon furnishing evidence of his graduation satisfactory to the said Faculty. SEC. 5. That it shall be the duty of the Medical Faculty of the Said Medical Faculty to said University to establish, carry on and preserve, in a book to be keep a register. kept for that purpose, a register of all pharmaceutists, apothecaries and druggists in the State, including the names of persons registered, place of business, the fact whether the person registered be a graduate:of medicine or pharmacy, or whether under license granted on examination, and any other matter of information the said Faculty may see fit to add. SEC. 6. That it shall be the duty of all licensed pharmaceutists, Licensed apothecaries and druggists, by whichsoever body licensed, to have pi4armaceutheir names registered in manner aforesaid by the Medical Faculty register their of the University of South Carolina, and to report annually on or report aLnnu before the first day of November of each year, to the said Medical FaF. ity. Faculty of the said University, whether any, and, if yea, what change has occurred within the then preceding year, as, to their respective places of business; and for omission or neglect of the requirements of this Section, or any of them, they shall, respectively, Pnglect for incur a fine of twenty-five dollars; and for each and every registration or change thereof, the party so registered shall pay to the said Faculty of the University the sum of one dollar, which shall be their compensation for the services performed in accordance with the provisions of this Act. 214 STATUTES AT LARGE A. D. 1872. SEC. 7. That it shall be the duty of the Medical Faculty of the. University of South Carolina to make a correct report to the GeneMedical Facr ulty to report ral Assembly of work done by them, in accordance with the proviannually to General As- sions of this Act, on or before the first day of December in each sembly. year. year. SEC. 8. That every pharmaceutist or other person selling any Record of poison shall be satisfied that the purchase is made for legitimate sale of certain articles to be purposes, and shall keep a book in which shall be recorded every kept. sale of the following articles, viz: Arsenic, and its preparations, all metalic cyanides and cyanides of potassium, tartar emetic, corrosive sublimate, aconite and its preparations, strychnine, and all other poisonous alkaloids and their salts; cantharides, ergot, hydrocyanic acid; the said record also to exhibit the name of the person to whom sold, place of his residence, and purpose of purchase, as stated, which book shall be kept at all times subject to inspection by the Coroner of the County and Solicitor of the Circuit, or such other persons as either of them may designate. SEC. 9. That all persons in this State engaged in business as Labeling of pharmaceutists, apothecaries or druggists, in either the wholesale or bottles, vials &c., contain- retail of drugs, shall, to every bottle, vial, box or other package ing poison. ig pon containing any poison named in the preceding Section, or any one or more of the following articles, viz: Oxalic acid, chloroform, belladonna, and its preparations, opium, and all its preparations, except paregoric, digitalis, and its preparations, henbane, and its preparations, hemlock or conium, or any other article that may be added to this list by said Faculty of the University, securely attach a label, whereon shall be either printed, or legibly written, with red ink, the name of the poison and the name of at least one antidote, with brief directions as to the mode of using the same: Provided, That nothing herein contained shall be construed to apply to the filling of prescriptions made by regular physicians: And provided, further, That it shall be the duty of the examining body, on application at the time of registration, to furnish to the party registering a form of labels for poisons. SEC. 10. That this Act shall not be construed to prevent merMerchants chants and shop-keepers from vending or exposing to sale medicines and shop keep already prepared: Provided, Such merchants and shop-keepers shall ers may sell medicines al. attach to the articles sold, a copy of the label attached thereto by pared. wholesale druggists, and in the sale of poisons shall comply with the provisions of Sections 8 and 9 of this Act. Penalty for SEC. 11. That it shall not be lawful for the proprietor of any permitting pharmaceutical shop to allow any person not qualified, in accordqualiffed to ance with the provisions of this Act, to dispense of poisons or comcompou d prescriptions. pound the prescriptions of physicians, and any person who, upon OF SOUTH CAROLINA. 215 indictment for a violation of this Section, shall be convicted of the A. D.1872. same, shall pay a fine not exceeding five hundred dollars, or suffer imprisonment for a period of not more than six months. Approved March 13, 1872. AN ACT TO AMEND AN ACT ENTITLED "AN ACT* TO PROVIDE NO. 167. FOR THE CONSTRUCTION AND REPAIRS OF PUBLIC HIGHWAYS." SECTION 1. Be 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 authority of the same, That Section 2 of said Act be so amended as to read: "That the bridges be repaired under the supervision of the County Commissioners, and that the expense of the same be paid out of any moneys in the Work on County Treasury; and that all the work on said bridges, given out lbdgtesby the County Commissioners, when the amount shall exceed the done by consum of one hundred dollars, shall be done by contract; and the Commissioners are hereby required to advertise the same in at least one of the papers of the County; that said proposal shall, in all cases, be accompanied by two or more sufficient sureties; and the County Commissioners shall have the right to reject any or all bids if, in their judgment, the interest of the County so require." SEC. 2. That the Sections of said Act relating to the appointment and duties of Highway Surveyors be so amended as to abolish the office of Highway Surveyors, and to confer the duties of the same Office of Highway Sur. upon the County Commissioners: Provided, That if the Countsy veyor abolCommissioners of any County in this State fail to comply with the provisions of this Section, they shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be subject to a fine not exceeding five hundred dollars each, and to an imprisonment not exceeding six months, or either, or both, at- the discretion of the Court of General Sessions of their respective Counties: Provided, further, That all taxes levied for the repair of highways and bridges, in each County, shall be collected and paid at the same time as the general taxes to the County Treasurers. SEC. 3. All Acts or parts of Acts inconsistent with this Act- are hereby repealed. Approved March 13, 1872. 216 STATUTES AT LARGE A.D. s72. AN ACT TO REGULATE THE PAY OF THE MEMBERS OF THE N~O. 168. GENERAL ASSEMBLY. No. 168. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, Salary of and by the authority of the same, That each member of the next $600, and 20 cents aileage General Assembly shall receive an annual salary of six hundred dollars, and twenty cents for every mile of the ordinary route of travel in going to and returning from sessions of the General Assembly. Approved March 13, 1872. No. 169. AN ACT TO REGULATE THE ISSUING OF CHECKS TO LABORERS UPON PLANTATIONS OR ELSEWHERE. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in GeneLaborers and ral Assembly, anduthority of the same, That, unless otheremployees to ao sm nited ittes wisee provided by special contract, it shall be, and it is hereby rebank notes or quired, of all persons who employ laborers upon plantations or currency. mo elsewhere, by the day, week, month or year, to pay such laborers or employees in the United States bank notes or fractional currency. SEC. 2. That if any person or persons, after the passage of this Penalty for Act, shall offer to any laborer or employee, except as provided for offering checks or in the preceding Section, as compensation for labor or services perscrip in lieu of bank notes, formed, checks or scrip of any description in lieu of United States bank notes or fractional currency, the said person or persons so offending shall be liable to indictment and punishment by a fine not exceeding one hundred dollars, and by imprisonment not exceeding twenty days, or both, according to the discretion of the Court: ProVord check vided, That the word "checks" in this Act shall not be construed so as defined to prohibit the giving of checks upon any of the authorized banks of deposit or issue in this State. SEC. 3. All Acts or parts of Acts inconsistent with this Act are hereby repealed. Approved March 13, 1872. No. 170. AN ACT TO CHARTER THE GREENWOOD AND AUGUSTA RAILROAD COMPANY. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in Gen OF SOUTH CAROLINA. 217 eral Assembly, and by the authority of the same, That for the pur- A. D. 172. pose of establishing a railroad, on the most practicable route, from Greenwood, in the State of South Carolina, to Augusta, in the State Purpose of corporatioa. of Georgia, which company, when formed, with the conditions herein prescribed, shall have corporate existence as a body politic in perpetuity. SEC. 2. That this charter, with the rights and privileges incidental thereto, is hereby granted to and vested in J. H. Jennings, M. corporators. M. Aiken, S. P. Boozer, P. H. Bradley, C. L. Blair, J. D. Talbert, W. K. Bradley, Nick Merriwether, J. D. Neil, Wm. L. Parks, J. L. White, Wm. K. Blake and G. J. Sheppard, of the State of South Carolina, and Robert H. May, Thomas Phinizy, John D. Butt, Edward Barry, Austin Mullarky, W. A. Ramsay, T. Jefferson Jennings, Joseph T. Smith and Wm. P. Crawford, of the State of Georgia, and J. A. Barker, Lawrence Cain, Everidge Cain and T. M. Talbert, of the State of South Carolina. SEC. 3. That, for the purpose of raising the necessary capital Bk stock of said company, it shall be lawful to open books of subscrip- subscription. tion, in the State of South Carolina, in the Counties of Abbeville and Edgefield; and, in the State of Georgia, in the Counties of Richmond and Columbia; and in such cities and towns as may be deemed for the best interest of the corporation, under the direction of the corporators, to an amount not exceeding one million dollars, ($1,000,000), in shares of twenty dollars ($20) each, to constitute a Capitalstock. joint capital stock, for the purpose of constructing and carrying into operation the aforesaid railroad, or any part thereof. And it shall be the duty of the said corporators, or a majority of them, to open books of subscription as soon after the ratification of this Act as may be practicable, of which twenty days' previous notice must be given in any newspaper or newspapers in the States aforesaid; and the subscription books shall be kept open for sixty days; that, on each share of stock subscribed, the said subscribers shall pay two dollars ($2), or its equivalent, in currency, to the corporators, who shall give a certificate for the same; and, on the non-payment of said installment, the subscription shall be void; the corporators shall deposit the money received by them on said cash installments in a solvent bank, in any of the States aforesaid, and at the expiration of every thirty days. That when the sum of one hundred When said and fifty thousand dollars ($150,000) are subscribed, the said cor- Companymay porktors, or a majority of them, shall give notice of the time and orgaze. place of meeting for organization in some public newspaper in each of the States aforesaid. But if the sum of one hundred and fifty thousand dollars ($150,000) shall not be subscribed within the first appointed time, the said corporators may, for the 218 STATUTES AT LARGE A.D.'72. purpose of further subscriptions to the capital stock, keep the books open for such time, and at such places, as they may deem proper: Provided, That the corporators shall not keep the books open for a longer period than one year, at the expiration of which time the right to'solicit and receive subscriptions shall vest in the President and Directors of said company. SEC. 4. Whenever the said sum of one hundred and fifty thousand dollars ($150,000) is subscribed, in the manner herein prescribed, the subscribers, their executors, administrators and assigns, shall be, and they are hereby, declared to be, incorporated into a company, by the name of the " Greenwood and Augusta Railroad Corporate name. Company," and may organize as herein provided. SEC. 5. The said company, by its name above mentioned, shall have perpetual succession of members; shall hold real and personal era. property, may sue and be sued, may plead and be impleaded, may have and use a common seal, which they may break and use at pleasure, and make all such by-laws, rules ant] regulations as they may deem necessary for the well ordering and conducting the affairs of the company. SEC. 6. At the first meeting of the said company, to be called by the corporators, as above stated, and at all subsequent meetings, it shall be lawful for any stockholder to be represented by proxy, whose appointment shall be in writing, signed by such stockholder; but a person not a stockholder shall not represent such proxy. A majority of two-thirds of the stockholders present, or represented Election of by proxy, are empowered to transact any and all business connected President and Directors. with the company. At the first meeting,of stockholders, and annually thereafter, at such time and place as may be appointed by the by-laws, they shall elect, by ballot, to serve one year, and until another election, a President and ten Directors. No person shall be elected a President or DireEtor who is not the owner of twenty shares, which must have been held for three months prior to his election; but this does not apply to the first election herein provided for. In the election of President and Directors, in the establishEach stockholder enti- ment of the by-laws, and all other acts to be done by the stocktied to one tvtepder holders, in their corporate capacity, each stockholder shall be entishare. tied to one vote for every paid up share of the stock subscribed by him. SEC. 7. That, for the purpose of acquiring such lands, or right of way, as they may require for the location and construction of the said railroad, with such depots, warehouses, stations, wharves, and other necessary establishments, or for extending or altering the same, the said company shall have every right, privilege\and power heretofore granted to, and which now is, or has been used or enjoyed by, OF SOUTH CAROLINA. 219 any railroad company heretofore incorporated in either of the States A. D. 1872 aforesaid; and shall, also, be entitled to the use and benefit of every " process and proceeding provided by law for enabling railroad cor- Entitled to panics, in either of the States aforesaid, to obtain such lands, or all the rights and privirights of way, as they require, in cases in which the consent of the leges conferred on any owners cannot be obtained. And the said company shall have the railroad company in the same exclusive right of transportation on their railroad which is Sta.e. possessed and enjoyed by any other railroad in either of the aforementioned States. And persons trespassing, intruding, or willfully destroying any of the property of the said company, shall be liable to all penalties to which persons willfully destroying, damaging or obstructing any other railroads, or parts or parcels thereof, are made liable by any law in either of the States aforesaid. And the said company shall have the same presumptive right and title, and to the same extent, to lands through which their railroad may be built, in absence of any agreement with the proprietor or proprietors of such lands, which is possessed or enjoyed by any other railroad, in the States mentioned above, as to the lands through which their railroad may have been, or may be, constructed, in absence of any contract with the owners thereof. SEC. 8. That it shall be lawful for the said company to increase their capital stock to any amount not exceeding two million dollars ncacrease of capital stock. ($2,000,000) by receiving subscriptions for additional shares, on such terms and conditions as they may think proper to prescribe; and also to borrow money for the purposes aforesaid, on such terms, and at such rates of interest as they may think proper. SEC. 9. Subscriptions to the stock of said company shall be payable by installments of five dollars ($5) on each share, after paying Subscriptions first installment as aforesaid, and at intervals of not less than ninety stallments. days, under such regulations as may be prescribed by the by-laws. Public lotice of the time and place of payment of each installment shall be given at least twenty days beforehand; and, in case any installment or any share shall remain unpaid for thespace of thirty days after the time for payment thereof, the share shall be forfeited and vested in the said company, and the defaulting stockholder released from all obligations to pay the amount unpaid on the forfeited share. The shares of the capital stock of said company shall be Shares transpersonal property, and shall be assignable and transferable, in such farable. manner, and under such regulations, as may be prescribed -by the by-laws. SEC. 10. The President and Directors of the company shall have authority to execute all the powers hereby granted to said company, subject to such limitations and restrictions as may be imposed by the by-laws. There must be an annual meeting of the stock- gs. eetby the by-laws. There must be an annual meeting of the stock- ings. 220 STATUTES, AT LARGE A. D. 1872 holders, at such time as may be appointed by the by-laws, at which the President and Directors shall make a report, in writing, of the affairs and condition of the company, which report shall be published in a newspaper of each of the States aforesaid. Other meetings may be called by the President or Directors, when they deem it expedient, and, also, when twenty stockholders, representing three hundred shares, shall demand the same in writing. The corporators, herein appointed, shall give a written account of all funds received by them, and of the disposition of the same, at the first meeting after the ratification of this Act. It shall be lawful for Removal f the stockholders, at any meeting, to remove the President and officers. Directors, or any of them, from office, and elect others in their stead. The President and Directors shall have authority to draw out the money deposited in bank, by the corporators, for subscription to the stock of the company: Provided, That the same is only used for the interest of said company. SEC. 11. This Act shall be in force for the term of forty years from the ratification thereof, and shall be deemed, and is hereby Time for declared, a public Act: Provided, That the work, for the execucommencing and complet- tion whereof the said company is formed, shall be commenced iDg road. within two years from the first day of January, one thousand eight hundred and seventy-two, and be completed within eight years thereafter: And provided, further, That said road shall be subject to the provisions of an Act entitled "An Act to declare the manner by which the lands, or the right of way over the lands of persons or corporations may be taken for the construction and uses of railways and other works of internal improvement," ratified September 22, A. D. 1868: Provided, That nothing herein contained shall be so construed as to exempt the said company from the payment of taxes. Approved March 13, 1872. No. 171. AN ACT TO AUTHORIZE THE MAYOR AND ALDERMEN OF THE CITY OF COLUMBIA TO ISSUE BONDS, AND TO NEGOTIATE AND SELL THE SAME. SECTION 1. Be 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 authority of the same, That the Mayor and Aldermen of the city of Columbia are hereby authorized and OF SOUTH CAROLINA. 221 empowered to borrow money, by issuing city bonds, from time to A. D. 1872. time, to an amount which, together with the outstanding indebted- v ness of the city of Columbia, shall not exceed the sum of six hun- Authorized to issue dred thousand dollars, it being thereby intended that the whole in- bonds. debtedness thereof, whether by bonds or otherwise, shall at no time Amount limited. be increased beyond the said sum of six hundred thousand dollars: Provided, That, before such issue, the City Council shall recall and Cancellation cancel the bonds issued, to the amount of two hundred and fifty bolnders.t thousand dollars, issued August 21, 1871, for the erection of City Hall and Market: And provided, further, That no part of said Proviso. bonds shall be used for the purchase of any franchise or corporation. SEC. 2. That one moiety, or half, of each issue of the said bonds, shall be of the denomination of one thousand dollars; one-fourth Denomination, style and part thereof, of the denomination of five hundred dollars; and the number of remaining one-fourth'part thereof shall be of the denomination of boids. two hundred and fifty dollars, each and all of which bonds shall be signed by the Mayor of the city, and countersigned by the City Clerk and Treasurer, and sealed with the corporate seal, and numbered consecutively from one to six hundred. Each of said bonds Intere. shall'be made payable at twenty years from the date thereof, and shall bear interest at the rate of seven per centum per annum, payable semi-annually, on the first day of January, and the first day of July, of each year, with corresponding semi-annual interest cou- When payable. pons, signed with the written signature of the said City Clerk and Treasurer. SEC. 3. That no bond shall be negotiated under the provisions of this Act otherwise than by public sale, notice of which sale shall be Manner of sale of bon(s. given for at least thirty days in one newspaper published in Colum- saleo bia, one in Charleston, and two in the city of New York, and that the sale of all such bonds shall be made by the Treasurer of the city of Columbia: Provided, That all such sales and negotiations shall be conducted in accordance with such rules and regulations as the City Council may prescribe. SEC. 4. That the said Mayor and Aldermen shall keep a registry Registry to of all bonds heretofore issued and now outstanding, and of all bonds be kept. which shall be issued under the authority of this Act, showing the number and amount of each bond, the date when issued, and the date of maturity, which registry shall at all times be open to the inspection of any corporator, tax payer or bond holder; and, at any time, upon the written demand of the holder or holders of bonds to the amount of fifty thousand dollars, or of corporators to the num- Publication ber of twenty, the said Mayor and Aldermen shall publish a de- ofcity indebttailed statement of the city indebtedness and the character of the 222 STATUTES AT LARGE A. D. 1872. same, verified by the oaths of the Mayor and of the City Clerk and ~v'J Treasurer. SEC. 5. That, in addition to the levy of the annual taxes for the Sil support of the city government, the said Mayor and Aldermen shall levy, annually, a special tax for the payment of the semi-annual interest upon the bonds which shall be issued under the authority of this Act, and, also, the interest upon the bonds of the city of Columbia which have been heretofore issued by authority of Bonds not law: Provided, however, That said bonds shall not be subject to taxable. taxation by the said City Council of Columbia: And provided, further, That the taxes hereby authorized to be levied and collected, for the payment of the semi-annual interest on the said bonds, shall be levied and collected from such sources, upon such property, and Tax-on what levied. at such rates, as are established and designated by law as sources of revenue, subjects or objects of taxation, and at rates, for the support of the said city government. SEC. 6. That the said Mayor and Aldermen are hereby authorDisposition a of pr ized and directed o apply the proceeds of z dcteo ly e pro o the sale of said bondssale of bonds.first, to the payment of any debts heretofore contracted, or which may hereafter be contracted, for the construction of the new City Hall and the new Market; and, secondly, for the improvement of the streets, the extension of the water works, and for any other improvements which shall be judged advisable by the said Mayor and Aldermen: Provided, That no part of said bonds shall be used for the purchase of any franchise or corporation. iti SEC. 7. That the said Mayor and Aldermen are hereby prohibincrease of ited from increa'sing the debt of the city of Columbia beyond the debt. sum mentioned in the first Section of this Act; and, upon any attempt being made so to do, any bond holder or corporate tax payer shall have his action to enjoin the said Mayor and Aldermen from so doing. Abstract of SEC. 8. That said Mayor and Aldermen shall cause the provithis Act to be printedtce sions of this Act, or an accurate abstract thereof, to be printed on each bond. the back of each bond; and, on the face of each bond, it shall be expressed that the same is issued under the authority of this Act. Fraudulent SEC. 9. That if the Mayor, any Alderman of the city of Colum-penalty fosr bia, or any officer thereof, shall privately or fraudulently issue any of said bonds, he shall be adjudged guilty of felony, and, upon conviction, shall be punished by fine and imprisonment, at the discretion of the Court. SEC. 10. That, upon the completion and occupation of the said ink ing fnd. City Hall, the said Mayor and Aldermen shall, at once, by ordinance, make provision for a sinking fund, to be based upon the net annual income derived from such parts of the said City Hall as OF SOUTH CAROLINA. 223 may be leased from them, the proceeds of which sinking fund shall A. D. 1872. be'solemnly set apart for the payment of the debt, and the interest - thereon, contracted in the erection of the said City Hall. And, in case the said Mayor and Aldermen shall neglect so to do, it shall neglect, citizens to have be lawful for any ten citizens of Columbia, being tax payers, to action. have an action, on behalf of themselves and all other tax payers of the said city, to compel the said Mayor and Aldermen to establish such sinking fund, and to restrain them from using or appropriating the said income in any other way, or to any other purpose, than that herein declared. SEC. 11. That all Acts or parts of acts, heretofore passed and Repealing now of force, authorizing the Mayor and Aldermen of the city of clause. Columbia to borrow money upon the bonds thereof, or by issuing the stock thereof, be, and the same are hereby, repealed. Approved March 13, 1872. AN ACT TO ALTER AND AMEND THE CHARTER OF THE TOWN OF NO. 172. GREENWOOD, SOUTH CAROLINA. SECTION 1. Be 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 authority of the same, That all persons [Corporators. having resided twelve months in the town of Greenwood, in the County of Abbeville, are hereby declared to be a body politic and corporate, by the name and style of the town of Greenwood, and its corporate limits shall be an irregular polygon, the vertices of whose angles. shall be at, or near, the following points, to wit: 1st. tLimits of town. A large pine tree near J. R. Tarrant's residence, on the Abbeville road. 2d. A point on the New Market road, in a flat just beyond James Creswell's residence. 3d. The point on the road that leads to W. A. Blake's, where the Greenville and Columbia Railroad crossed. 4. The first small branch on the New Cut road, beyond J. W. Rycard's. 5th. The hollow bridge, on the Abbeville road, just beyond J. H. Oldham's residence. 6th. The junction of the Cokesbury and Stoney Point Roads. SEC. 2. The said town shall be governed by an Intendant and officers four Wardens, who shall be elected on the second Monday in January next, and, in every year thereafter, ten days' notice being previously given; and all male inhabitants of said town, who are qualified under the Constitution of this State to vote for members of the Legislature, and who have resided therein twelve months immedi 224 STATUTES AT LARGE A. D 1872. ately preceding the election, shall be eligible to the office of Intendant or Wardens. Male inhabitants, who are qualified to vote for Electors. members of the Legislature, and who shall have resided within the limits of the corporation for sixty days immediately preceding the election, shall be entitled to vote for said Intendant and Wardens. SEC. 3. The election of Intendant and Wardens of the said town Election. shall be held at some convenient public place therein, from six o'clock in the morning until six o'clock in the evening, and, when the polls are closed, the Managers shall forthwith count the votes, declare the election, and give notice in writing to the parties elected. Managers. It shall be the duty of the Clerk of the Court for Abbeville County to give legal notice and appoint the Managers for the first election. And the Intendant and Wardens, for the time being, who shall be known as the "Town Council of Greenwood," shall give the legal notice, and appoint three persons to manage all subsequent elections, who shall manage and declare the same as herein provided for the first time of election. The Managers shall, before they open the polls for any such election, take an oath fairly and impartially to conduct the same, and the Intendant and Wardens, before entering upon the duties of their office, shall take the oath prescribed by the Constitution of this State, and also the following oath, to wit: " As Oath of office. Intendant and Wardens of Greenwood, I will equally and impartially, to the best of my ability, exercise the trust reposed in me, and I will use my best endeavors to preserve the peace and good order, and carry into effect, according to law, the purposes for which I have been appointed or elected: So help me God." And if any person elected Intendant and -Warden shall refuse to serve as such, he shall forfeit and pay to the Town Council of Greenwood the sum of twenty dollars, for the use of said town: Provided, That no person shall be compelled to serve more than one year in any term of three years. SEC. 4. In case a vacancy should occur in the office of Intendant Vacancy, or Warden, by death, resignation or otherwise, an election to fill such vacancy shall be held by the appointment of the remaining members of the Town Council, ten days' previous notice having been given; and, in case of sickness or temporary absence of the Intendant, the Wardens, forming a Council, shall have power to elect one of their number Intendant pro tern. SEC. 5. That the Intendant and Wardens, duly elected and qualified, shall, during their term of service, severally and respecJudicial tively, be vested with all powers of Justices of the Peace, within powers. the limits of said town, except for the trial of small and mean cases; and the Intendant shall, as often as he may deem necessary OF SOUTH CAROLINA. 225 summon the Wardens to meet in Council, any three of whom shall A- D. 1872. constitute a quorum to transact business; and shall be known by ~ the name of the "Town Council of Greenwood," as aforesaid; and they, and their successors in office, may have and use a common seal, which shall be affixed to all their ordinances; and, by their said corporate name, may sue and be sued, plead and be impleaded, in any Court of law or'equity in this State. The said Town Council shall have full power, under its corporate seal, to make all such rules, by-laws and ordinances, respecting the roads, streets, markets Police regu. and police of said town, as shall appear to them necessary and re- lations. quisite for the security, welfare, good government and convenience of the same, and for preserving the health, peace and good order thereof; but no fine above the sum of twenty dollars shall be collected by said Council, except by suit in the Court of Common Pleas for Abbeville County: Provided, That no fine exceeding fifty dollars shall be imposed, and that nothing herein contained shall authorize the said Council to make any by-laws inconsistent with, or repugnant to, the laws of this State. SEC. 6. That the Intendant and Wardens shall have the full and only power of granting licenses for billiard tables, to keep Lcense. taverns, or retail spirituous liquors, within the said limits, which licenses shall be granted in the same manner, and upon the same condition, as they now are, or may hereafter be, granted by the County Commissioners under the laws of this State; and the powers vested in the County Commissioners are hereby granted to the said Intendant and Wardens within the said limits; and all money paid for licenses, and for fines and forfeitures for retailing spirituous liquors, keeping taverns and billiard tables, within the said limits, without license, shall be appropriated to the public use of said corporation. SEC. 7. That it shall be the duty of the said Intendant and War- Road and dens to keep all roads, ways and streets, within their corporate streetduty. limits, open and in good repair; and, for that purpose, they are invested with all the powers granted to County Commissioners; and, for neglect of duty therein, they shall be liable to the same penalties as are imposed on County Commissioners. The Intendant and Wardens shall have power to compound with all persons liable to work on said roads, ways and streets, to release such persons as may desire it, upon the payment of such sum as tlkey may deem a fair equivalent therefor, to be applied by them to the use of said corporation; and no person residing within the said limits shall be liable to work on any roads without the said limits. SEC. 8. The Intendant and Wardens shall have power to appoint Marshals, who shall be duly sworn in, and invested with all the 15 226 STATUTES AT LARGE A. D 1872. powers Constables have by law, and whose jurisdiction and auk "" thority shall be confined within the corporate limits of said town. Violation or SEC. 9. That, for any willful violation or neglect of duty, malneglect of du. practice, abuse or oppression, the said Intendant and Wardens, ty —penalty. severally, shall be liable to indictment, and, upon conviction, to be fined at the discretion of the Court, not exceeding one hundred dollars, and removal from office, besides being liable for damages to any person injured. SEC. 10. All Acts and parts of Acts heretofore passed in relation to the incorporation of the town of Greenwood be, and the same are hereby, repealed. SEC. 11. This Act shall be taken and deemed to be a public Act, and shall continue in force for the space of twenty years from and after its passage. Approved March 13, 1872. No. 173. AN ACT TO INCORPORATE THE ZION BAPTIST CHURCH, OF COLUMBIA. SECTION 1. Beit enacted by the Senate and House of Representatives of the State of South Carolina., now met and sitting in GenCorporators. eral Assembly, and by the authority of the same, That, from and immediately after the passage of this Act, Isaac Goodwin, A. S. Night, A. Worthy, Daniel Golden, Peter Jefferson, and all other persons who now are, or who hereafter shall or may become, members of the said church, shall be, and they are hereby declared to Corporate be, a body corporate, by the name and style of the Zion Baptist name. Church, and by their said name shall have succession of officers and members, and have a common seal. SEC. 2. That the said corporation shall have power to purchase, General powers. receive and possess any real or personal property, not exceeding in value the sum of twenty thousand dollars, or to sell the same; and by its corporate name to sue and be sued in any Court of this State; and to make such rules and by-laws, not repugnant to law, as may be thought necessary and expedient. SEC. 3. This Act shall be deemed a public Act, and shall continue in force twenty-five years. Approved March 13,1872. OF SOUTH CAROLINA. 227 AN ACT TO INCORPORATE THE SUMTER LAND JOINT STOCK AND A. D. 1872. LOAN ASSOCIATION, OF SUMTER, SOUTH CAROLINA. No. 174. SECTION 1. Be 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 authority of the same, That Wesley ortor Westbury, W. H. Gardner, A. L. Singleton, Richard Canty, Monday Douglas, Hamp Spencer, J. M. Tindal, Butler Spears, Samuel Lee, R. A. Wilson, Frank Washington, Mat. Brooks, Enoch Archey, James Jackson, Henry Cain, W. W. Ramsey, Hannibal Bennett, James Smiley, Jackson Simmons, W. E. Johnston, F. J. Moses, Jr., David Boyd, R. M. Andrews, Jack Bowen, Burrell James and Benjamin Lawson, together with such other persons as now are, or hereafter may be, associated with them, be, and they are hereby, declared a body politic and corporate, for the purpose Purposes of of buying and holding real estate in the County of Sumter, or at corporation. any point within the County or State of South Carolina, and making loans of money, secured by mortgage of real estate, and by the hypothecation of bonds and stocks and other choses in action, and personal property, to its, members and stockholders, by the name and style of the Sumter Land Joint Stock Title and Loan Association, of Sumter, South Carolina. The capital stock of said association to consist of twenty-five hundred shares; Capital stock. but as soon as one thousand shares shall have been subscribed thereto, the said association shall organize and commence operations; said shares to be paid by successive monthly installments Shares-mode of one dollar on each share, so long as the said association shall of payment continue; the said shares to be held, transferred, assigned and pledged, and the holders thereof to be subject to such fines, penalties and forfeitures for default in their payments as the regulations and by-laws of said association may prescribe. SEC. 2. That the said association shall have number and sue- General cession of officers and members as shall be ordained and chosen Powers according to the rules and by-laws made, or to be made, by them for their government; and shall have power and authority, from time to time, and at all times, to make such rules and bylaws as are not repugnant to the Constitution and laws of the land; to have and keep a common seal, and to alter the same at will; to sue and be sued, implead and be impleaded, in any Court of law or equity in this State: and shall have and enjoy every right and privilege incident and belonging to corporate bodies, according to the laws of the land. SEC. 3. That the funds of said association shall be invested ~either~~ ~~Iin the purchase of real vestment either'in the purchase of real estate in the County of Sumter, of funds. 228 STATUTES AT LARGE A. D 1872. South Carolina, or in any County or sub-division of the State of South Carolina, which shall be rented out, or ieased, or sold and conveyed to the members and stockholders of said association, upon such terms and conditions as, from time to time, may be prescribed by its rules and by-laws, or be loaned out and advanced to the members and stockholders thereof, upon the security, and by hypothecation of real estare in the County of Sumter, or any other sub-division of the State aforesaid, or bonds, stocks, or choses in action on personal property, on such terms and conditions as, from time to time, may be prescribed by the rules and by-laws aforesaid. And it shall and may be lawful for the said association to hold and enjoy, for the mutual benefit of its members and stockholders, all such lands, tenements and hereditaments as may be bona fide purchased by, and conveyed to, it; or as may be mortgaged to it by way of security upon its loans and advances; or as may be purchased by, or transferred and conveyed to, it, at sales under judgments or decrees, at law or equity, for securing or recovering, or in compromise settlement of, any debt or debts due wit; and to sell, alien, barter, exchange, convey, mortgage, or otherwise dispose of the same, from time to time, and whenever deemed expedient. Loan of SEC. 4. That if any of the funds of the said association shall remoneys on main unproductive, or uninvested, or unneeded, or uncalled for, for hand. the space of two months, by its own members and stockholders, it shall be lawful for the said association to lend out what moneys may be on hand to others than stockholders, at such rates of Interest, (on such security, whether of mortgage or real estate, choses in action, or other personal property) as may be agreed on, to be safely invested, to be repaid within one year. Division and SEC. 5. That, whenever the funds and assets of the said associadistribution tion shall have accumulated to such an amount that, upon a fair of assets. division thereof, such stockholders, for each and every share of stock held by him or her, shall have received, or be entitled to receive, the sum of two hundred dollars, or the value thereof in property or assets, and such division and distribution shall have been made, then the said association shall cease and determine: Provided, however, That in case the said association shall not have closed its operations and affairs, as above provided for, within a shorter period, then this Act shall continue in force until repealed. Approved March 13, 1872. OF SOUTH CAROLINA. 229 AN ACT TO INCORPORATE THE ABBEVILLE AGRICULTURAL A. D. 1872. SOCIETY. N. 175 No. 175. SECTION 1. Be 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 authority of the same, That D. Wyatt Aiken, P. H. Bradley, Wm. H. Parker, J. S. Cothran, G. McD. Miller, W Corporto Joel Smith, F. A. Connor, James A. Rei'd, J. M. Latimer, D. M' Rogers, James Pratt, A. M. Aiken, M. C. Toggart, A. W. Lawson and R. A. Griffin, and their successors in office and associates, be, and they are hereby, constituted a body politic, under the name of the "Ab- Corporate beville Agricultural Society," with a capital stock not exceeding name. five thousand dollars, in shares of ten dollars each; with the right to sue and be sued, to plead and be impleaded, in any Court of competent jurisdiction; to have and use a common seal, and the Powers and same to alter at will and pleasure; to purchase and hold real estate privileges. or other property; and with all other rights, privileges and immunities that are now secured by law to incorporated bodies. (SEC. 2. That this Act shall be deemed a public Act, and shall continue in force until repealed. Approved March 13, 1872. AN ACT TO REDUCE ALL ACTS AND PARTS OF ACTS TO DE- NO. 176. TERMINE AND PERPETUATE THE HOMESTEAD INTO ONE ACT, AND TO AMEND THE SAME. SECTION 1. Be 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 authority of the same, That whenever the real estate of any head of a family, resident in this State, shall be levied upon by virtue of any mesne or final -process, issued from any Court upon any judgment obtained upon any right of action, whether arising previous or subsequent to the ratification of the Constitution of the State of South Carolina, if the pame be the family homestead of such person, the Sheriff or other officer execu- to be se, omt ting said process, shall cause a homestead, such as said person may Vale of. select, not to exceed the value of one thousand dollars, to be set off to said person in the manner following, to-wit: He shall cause three appraisers to be appointed, one to be named by the creditor, one by Appraisorsthe debtor, and one by himself, who shall be discreet and disinter- lman er of s lection. 230 STATUTES AT LARGE A. D. 1872. ested men, to be selected from a different neighborhood, and in no Duties. wise related to either party, resident in the Ccunty, and who shall be sworn by a Trial Justice, or a Justice of the Peace, to impartially appraise and set off, by metes and bounds, a homestead of the estate of the debtor, such as he or she may select, not to exceed the value of one thousand dollars; and the said appraisers shall proceed, accordingly, to. set out the homestead, and the set-off and Assignment assignment so made by the appraisers shall be returned by the officer, tobe returned for record in along with said process, for record in Court; and if no complaint Court. shall be made by either party within thirty days thereafter, no further proceedings shall be had against the homestead, but the residue of the lands and tenements of the head of the family, if any more or other he shall have, shall be liable to attachment, levy and sale: Provided, That, upon good cause shown, within thirty days after assignment of the homestead, the Court out of which the R-appraise- process issued may order a re-appraisement and re-assignment of the meat. homestead, by other appraisers appointed by the Court: And proIn case of vided, further, That should the creditors or debtor neglect or refuse, refmalt an after due notice from the officer executing the process, to nominate appraiser. an appraiser, then said officer shall appoint the same: Personal pro- SEC. 2. Whenever the personal property of the head of any perty exempt family residing in this State, whether the said person owns a homefrom attach- ouent to beset stead of real estate or not, is taken or attached by virtue of any out as abuve.`I mesne or final process issued from any Court, and said person shall claim the property, or any part thereof, as exempt from attachment and sale on account of the same being the annual product of his or her homestead, or as subject to exemption under the Constitution, and the creditor and debtor do not agree about the same, the officer executing said process shall cause the same to be ascertained, and all exempted property set out by appraisers appointed and sworn for the purpose, as provided in the preceding Section for setting out the homestead, subject to like limitations and provisions, and the residue, if any, shall be sold, for the payment of debts, which proceeding shall be stated in the officer's return of such process. SEC. 3. That, if the homestead assigned under Section 1 of this Duty of Sherift when Act shall not amount in value to one thousand dollars, then the homestead is worth less Sheriff or other officer who shall make sale of the residue of the than $1,000. real estate of the person claiming the homestead shall pay to said person, in preference to all other claims, out of the proceeds of said sale, such a sum in money as will make up the one thousand dollars. Homestead- SEC. 4. That the homestead, when assigned as herein prescribed, in whom vest in the heads of the fmily in ple, and be freed and ca. shall vest in the heads of the family in fee simple, and be freed and OF SOUTH'CAROLINA. 231 discharged from all debts and liabilities whatever, so long as he or A. D. 1872. she shall remain resident in this State, and no longer. SEC. 5. That the head or heads of any family to whom a home- Sale of homestead shall have been assigned under this Act, may sell and dispose stead of the same, and execute good and legal titles thereto: Provided, They shall deposit the money arising from the sale thereof in the Proceeds decustody of the Sheriff of the County, until they shall purchase another Ploited with homestead within the limits of this State; the said Sheriff to be responsible for the money so deposited upon his official bond. SEC. 6. That the said Sheriff shall not pay out the money so de- Sheriff to posited, except to the person from whom the head or heads of the pay moneys to person family may purchase another homestead, as hereinbefore prescribed, from weote or so much thereof as will pay for the same. The residue of the purchased. money deposited, if any, shall then be paid to the person or persons who deposited the same: Provided, That if another homestead shall not be purchased, within the limits of this State, within three Proviso. months from date of deposit, the Sheriff, or other officer, shall apply the money so deposited to the payment of the debts due from the depositor, if any there be. SEC. 7. That the exemptions contained in the preceding Sections Homestead, of this Act shall not-extend to an attachment, levy or sale on any to attac-t mesne or final process issued to secure or enforce the payment of entand sale. taxes or obligations contracted for the purchase of said homestead, or obligations contracted for the erection of improvements thereon: Provided, The Court or authority issuing said process shall certify thereon that the same is issued for some one or more, and no other, of said purposes: Provided, further, The yearly product of said homestead shall be subject to attachment, levy and sale, to secure or enforce the payment of obligations contracted in the production of the same; but the Court issuing the process therefor shall certify thereon that the same is issued for said purpose, and no other. SEC. 8. The widow and minor children of any deceased father or Rigt of husband shall be entitled to the right of the homestead. When a idow and - minor chil. widow or minor children are entitled to an estate or right of home- dren. stead, the same shall be set off, and the title executed to the parties entitled by the Judge of the Probate Court, who shall appoint three disinterested persons, resident in the County, who, having been duly sworn, shall proceed to appraise and set out, by mates and bounds, such homestead, and make return to him. If no complaint shall be made against said appraisal and setting out of the homestead, within thirty days thereafter, by any party interested therein, the same shall be confirmed by the Judge, and ordered accordingly. One-third of SEC. 9. That one-third of the annual products of agricultural la- annual products exempt borers, mechanics, artisans and tradesmen of every description, from attachment and sale. 232 STATUTES AT LARGE A. D. 1872. without regard to valuation, character or condilion of products or earnings, shall be exempt from attachment, levy and sale, except to enforce the payment of taxes. SEC. 10. That no Sheriff, Constable, or other officer, whose duty it is to enforce executions, shall proceed in any other manner than is prescribed in this Act. Penalty for SEC. 11. Should any officer sell any real estate, or sell or remove violation of this Act. any personal property, of the head of any family, whether the head of such family is a freeholder or not, without his or her consent, in violation of the provisions of this Act, and of Section 32 of Article 2 of the Constitution of the State of South Carolina, he shall be deemed guilty of malfeasance in office, and, on conviction thereof, shall, for the first offense, be fined in a sum not less than five hundred (500) dollars, nor more than one thousand (1,000) dollars; and, for the second offense, shall be dismissed from office; and, in either case, shall be liable to the parties for all injuries by reason of his wrongful levy or sale. SEC. 12. Appraisers appointed to set out the homestead, under Compensation of Ap- this Act, shall receive, as compensation, two dollars each, per day, 1)raisers and TrialJustices. and five cents a mile for every mile necessarily traveled) for such services. The Trial Justice, or Justice of the Peace, who qualifies the appraisers, shall receive seventy-five cents, and five cents a mile for every mile necessarily traveled, for such services. The foregoing whoepidby fees shall be paid by the officer executing the process out of the property of the debtor; or, in case of the homestead set out to a widow or minor children, out of the estate of the deceased, by the executor or administrator thereof. The Sheriff is hereby authorized to retain two and one-half per cent. on every one hundred dollars deposited with him, as directed by this Act, as compensation for receiving and paying out moneys so deposited. SEC. 13. All Acts or parts of Acts inconsistent with this Act, or supplied by it, be, and the same are hereby, repealed. Approved/March 13, 1872. No. 177. AN ACT TO EXEMPT THE KEEPERS, EMPLOYEES AND OTHER OFFICERS OF THE SOUTH CAROLINA PENITENTIARY AND LUNATIC ASYLUM FROM MILITAY AND OTHER DUTIES. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, Exempt from jury, military and by the authority of the same, That on and after the passage d. of this Act, all guards, keeers, emplotreees and oter ofers that duty. of this Act, all guards, keepers, employees and other officers that OF SOUTH CAROLINA. 233 are now, or may hereafter be, employed at the South Carolina Pen- A. D 1872. itentiary and Lunatic Asylum, shall be exempted from serving on juries, and from military, road or street duty. Approved March 13,1872. AN ACT FOR THE PROTECTION OF BUOYS AND BEACONS. NO. 178. SECTION 1. Be it enacted by the Senate and House of Represen- Penalty for disturbing or tatives of the State of South Carolina, now met and sitting in Gene- injuring beacons or ral Assembly, and by the authority of the same, Any person or guides. persons who shall moor any vessel, scow, boat or raft to any buoy, or beacon, or floating guide, placed by the United States Light House Board in the navigable waters of this State, or who shall, in any manner, make fast thereto any vessel, boat, scow or raft; and any person or persons who shall wilfully destroy, injure or remove any such beacon or guide, shall forfeit and pay a sum not exceeding one hundred dollars, or be imprisoned in the common jail not exceeding three months. SEC. 2. Said forfeitures may be recovered by an action of tort, Forfeitureshow recovercomplaint or indictment, before any Court competent to try the ed. same; one-half accruing to the informer or'complainant, and the other half to the County in which the trial shall be had. Approved March 13,1872. AN ACT TO SUPPLY THE DEFICIENCY IN THE APPROPRIATION No. 179. FOR THE SUPPORT AND MAINTENANCE OF FREE COMMON SCHOOLS FOR THE FISCAL YEAR ENDING OCTOBER 31, 1871. SECTION 1. Be 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 authority of the same, That the sum of Amount'apseventy-five thousand dollars ($75,000) be, and the same is hereby, popriated appropriated to supply the deficiency in the appropriation for the support and maintenance of Free Common Schools for the fiscal year ending October 31, 1871. SEC. 2. That each of the several Counties of the State shall be Each County entitled to receive from said deficiency appropriation such a sum to receive exm a i act acmount of of money as is equal to the exact deficiency existing in the Free deficiency. 234 STATUTES AT LARGE A D. 1872. School Funds of said County, for the fiscal year ending October 31, 1871, and no more. Superinten- SEC. 3. That the State Superintendent of Education, upon his ent of toEdi receipt of an official statement, signed by the County School Comsu favordof missioner and County Treasurer of any County, and showing the County Trea- deficiency existing in the Free School Funds of said County, for the surers. fiscal year ending October 31, 1871, shall, if he approve said statement, issue an order in favor of the County Treasurer of the County aforesaid, payable from the appropriation made by Section 1 of this Act, for a sum of money equal to the deficiency shown by the aforesaid statement. SEC. 4. That no part of the appropriation created by Section 1 Appropria- of this Act shall be disbursed by the State Treasurer, except upon tion to be dis bursed only order of the State Superintendent of Education, nor shall the said on his order. appropriation, or any part thereof, be applied, appropriated or used for any other purpose than is specified by the terms of this Act. SEC. 5. That this Act shall be deemed a public Act, and shall take effect immediately. Approved March 13,1872. No. 180. AN ACT TO RENEW AND -AMEND THE CHARTER OF THE TOWN OF LOWNDESVILLE, ABBEVILLE COUNTY, SOUTH CAROLINA. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina., now met and sitting in GenCorpoators. eral Assembly, and by the authority of the same, That, from and after the passage of this Act, all citizens of this State, having resided sixty days in the town of Lowndesville, shall be deemed, and are hereby declared to be, a body politic and corporate, and the said town shall be called and known by the name of LowndcsCorporate ville, and its corporate limits shall extend in every direction onelimits, half mile within its present limits, to be fixed as a centre by a majority of the inhabitants of said village. SEC. 2. That the said town shall be governed by an Intendant Officers. and four Wardens, who shall be citizens of the United States, and shall have resided in this State twelve months, and shall have been residents of the said town for sixty days immediately preceding their election, who shall be elected on the second Monday in September, 1872, and every year thereafter, on the first Monday in April, ten days' public notice thereof being previously given; and Electors. that all male inhabitants of the age of twenty-one years, citizens of OF SOUTH CAROLINA. 235 the State, and who shall have resided in this State twelve months, D. 1872 and in said town for sixty days immediately preceding the election, shall be entitled to vote for Intendant and Wardens. SEC. 3. That the election for Intendant and Wardens of said Election. town shall be held in some convenient house, or some other convenient public place in the said town, from six o'clock A. M., until six o'clock P. M., and, when the polls shall be closed, the Managers shall forthwith count the votes and proclaim the election, and give notice, in writing, to the persons elected. The Intendant and Wardens shall appoint three Managers to hold the ensuing and any subsequent election. Whenever there shall not be an Intendant and Wardens, or Intendant and Warden, from any cause whatever, it shall be the duty of the Clerk of Court of Abbeville County to order such election forthwith, and appoint three Managers for the same. The Managers in each case shall, before they open the polls Managers. for said election, take an oath fairly and impartially to conduct the same; and that the Intendant and Wardens, before entering upon the duties of their respective offices, shall take the oath prescribed by the Constitution of this State, and also the following oath, to wit: "As Intendant (or Warden) of the town of Lowndesville, I Oath of office. will equally and impartially, to the best of my ability, exercise the trust reposed in me, and I will use my best endeavors to preserve the peace and carry into effect, according to law, the purposes for which I have been elected: So help me God." The said IntenTerm of dant and Wardens shall hold their offices from the time of their office. election until the first Monday in April ensuing, and until their successors shall be elected and qualified. SEc. 4. That if in any case a vacancy shall occur in the office of Vacancy. the Intendant, or any of the Wardens, by death, resignation, removal or otherwise, or in case of a tie in said election, an election to fill such vacancy shall be held by the appointment of Intendant and Wardens, (or Warden, as the case may be,) or the Clerk of Court of Abbeville County, if there should be no Intendant or Wardens, ten days' notice thereof being previously given; and in case of the sickness or temporary absence of the Intendant, the Wardens, forming a Council, shall be empowered to elect one of their number to act in his stead during the time. SEc. 5. That the Intendant and Wardens, duly elected and quali- Judicial fled, shall, during their term of service, severally and respectively, powers. be vested with all the power and jurisdiction of Magistrates within the limits of said town, and the Intendant shall, and may, as often as he may deem necessary, summon the Wardens to meet in Council, any two of whom, with the Intendant, may constitute a quorum to transact business; and they shall be known by the name of the 236' STATUTES AT LARGE A. D. 172. Town Council of Lowndesville; and they, and their successors hereafter to be elected, may have a common seal, which shall be affixed to all the ordinances; and the said Town Council shall have authority to appoint, from time to time, as they see fit, such and so Marshals. many proper persons to act as Marshals or Constables of the said town, as the said Town Council may deem necessary and expedient for the preservation of the peace, good order and police thereof; which persons, so appointed, shall, within the limits of said town, have the powers, privileges and emoluments, and be subject to all the obligations, penalties and regulations provided by law for the office of Constable, and shall be removed at the pleasure of the said Town Council; and the said Town Council shall have power to establish, or to authorize the establishment of, the market house in said town; and the said Town Council shall have full power and authority, under their corporate seal, to make all such rules, bylaws and ordinances, respecting the streets, roads, market house, Poce regu- and the business thereof, and the.police system of said town, as lations. shall appear to them necessary and proper for the security, welfare and convenience, and for preserving health, order and good government within the same; and the said Town Council may impose fines for offenses against their by-laws and ordinances, and appropriate the same to the public use of said town; and the said Council shall have the same power which Magistrates now have to compel the attendance of witnesses, and require them to give evidence upon the trial befcre them of any person for a violation of any of these Fines. by-laws or ordinances; but no fine above the sum of twenty dollars shall be collected by the Town Council, except by suit in the Court of Common Pleas: And provided, also, That no fine shall exceed fifty dollars, and,also, that nothing herein contained shall authorize the said Council to make any by-laws or ordinances inconsistent with, or repugnant to, the laws of this State; and all the by-laws, rules and ordinances the said Council may make shall, at all times, be subject to revisal or repeal by the General Assembly of this State. SEC. 6. That the said Intendant and Wardens shall have full Nuissances. power to abate and remove nuisances in the said town; and it shall, also, be their duty to keep all roads, ways and streets, within the corporate limits of the said town, open and in good repair; and, for that purpose, they are invested with all the powers heretofore granted to Commissioners of Roads; and shall have full power to classify and arrange the inhabitants of said town liable to street, eoad and road or other public duty therein, and to force the performance street duty. of such duty, under such penalties as are now, or shall hereafter be, prescribed by law: Provided, That the said Town Council may OF SOUTH CAROLINA. 237 compound with persons liable to perform such duty, upon such A. D. 1872 terms, and on the payment of such sums, as may be established by laws or ordinances: And provided, also, That the individuals who compose the said Town Council shall be exempt from the'performance of road and police duty; and the inhabitants of said town are hereby exempt from road and police duty without the corporate limits of said town. SEC. 7. That the power to grant or refuse license for billiard tables, to keep tavern, or retail spirituous liquors within the limits of said corporation, be, and the same is hereby, vested in the Town Council of Lowndesville. And the said Town Council may grant licenses to retail spirituous liquors to such persons, and in such quantities, at such rates, and upon such terms and conditions, as the said Council may deem just and proper. And the said Intendant and Wardens shall have the full and only power to impose a tax on all shows or exhibitions, for gain or reward, within the city limits. And all money paid for license for retailing spirituous liquors, keeping taverns and billiard tables,and the tax for all shows for gain or reward, within said limits, shall be appropriated to the public use of said corporation: Provided, That in no instance shall the price of a license to keep tavern or retail spirituous liquors be less than the amount that is established by the State: And provided, further, That the Intendant and Wardens, duly elected, shall not have power to grant any license to keep tavern. or retail spirituous liquors to extend beyond the term for which they have been elected. SEC. 8. That the said Town Council of Lowndesville shall have Sidewalks. full power and authority to require all persons owning a lot or lots in said town to make and keep in good repair sidewalks in front of said lot or lots, whenever the same shall front or adjoin any of the public streets of said town, if, in the judgment of the Council, such sidewalks shall be necessary, the width thereof, and the manner of construction, to be designated and regulated by the Town Council. And for default or refusal to make and keep in repair such sidewalks, the Council may cause the same to be made or put in repair, and require the owner to pay the price of making or repairing: Provided, That such contracts for making or repairing be let to the lowest bidder. SEC. 9. That the said Town Council of Lowndesville shall have Power to arrest and cornpower to arrest and commit tojail, for a space of time not exceeding mittojail. twelve hours, and to fine not exceeding twenty dollars, or, in lieu thereof, to work the public roads, streets, bridges, &c., within said corporate limits, twenty days, any person or persons who may be guilty of disorderly conduct in said town, to the annoyance of citi 238 STATUTES AT LARGE D. 1872. zens thereof; and it shall be the duty of the Marshal of the town to make such arrests, and call to his assistance the posse comitatus, if necessary; and, upon failure to perform such duty, he shall be fined in a sum not more than twenty dollars, for each and every offense. Annual tax- SEC. 10. That the said Town Council of Lowndesville shall have Ann ual taxation. power to grant or refuse licenses to parties within the limits of said town, and the parties to whom such licenses are granted shall be subject to such regulations as may, by ordinance, be established. They shall also have power to impose and collect an annual tax upon the assessed property of said town: Provided, No tax shall be imposed; in anyone year, to exceed the rate of ten cents on each hundred dollars of such assessed property; and that the money so raised shall be applied to the use of said town. Thesaid Town Council shall have power to enforce the payment of all taxes levied by said Town Council, to the same extent and in the same manner as is now, or hereafter may be, provided by law for the collection of the general State taxes. Sales a auc- SEC. 11. That the said Town Council of Lowndesville shall have tion. power to regulate sales at auction within the limits of said town, and to grant licenses to auctioneers: Provided, Nothing herein contained shall extend to sales by Sheriff, Clerk of the Court, Judge of Probate, Coroner, Executor or Administrator, Assignee in Bankruptcy, or by any other person out of the order or decree of any Court, Justice of the Peace or Magistrate. SEC. 12. That this Act shall be deemed a public Act, and shall continue in force until repealed. Approved March 13, 1872. No. 181. AN ACT TO RENEW AND EXTEND THE CHARTER OF THE ROMAN CATHOLIC CHURCH, OF SAINT MARY'S, CHARLESTON. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sittingin General AssemExtensionof bly, and by the authority of the same, That the charter heretofore carter granted to the Roman Catholic Church, of Saint Mary's, Charleston, be, and the same is hereby, extended and continued until repealed, with all the rights, powers and privileges heretofore granted; and the official transactions of the vestry and corporators of the said Church, since the expiration of its charter, so far as consistent OF SOUTH CAROLINA. 239 with the powers granted thereby, shall be legal and valid to all in- A. D. 1872. tents and purposes. Approved March 13,1872. AN ACT RELATIVE TO THE FEES OF THE STATE LAND COM- No. 182. MISSIONER. SECTION 1. Be 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 authority of the'same, That all fees Land Conwhich have been collected of actual purchasers or settlers upon the refund all fete State lands, in the different Counties of the State, by the State frolltcerse Land Commissioner, or under his direction, by his sub-assistants or on statelands. agents, which fees have been by him appropriated to his own use or profit, the same shall, in the aggregate, be deducted from his salary, if not yet paid, or if his salary has been paid, the same shall be refunded to the Treasury of the State, within thirty days from the passage of this Act; and, if not refunded within that time, the surety or sureties of the said Land Commissioner shall be jointly and severally liable for the payment of said amount. SEC. 2. That in all cases where the sum of ten dollars, or any oeysc other amonnts, have been collected from the actual settlers upon, or lected as tees to be applied purchasers of, the State lands, by order of the Land Commissioner, in payment of through his sub-assistants, or otherwise, as fees for titles, or other princpal. papers, the same shall be credited to the said settlers, or purchasers, as part payment for the said land. Approved March 13, 1872. AN ACT TO AMEND AN ACT, PASSED AT THE PRESENT SES- No. 183, SION, ENTITLED "XN ACT TO REVIVE AND EXTEND THE CHAR' TER OF THE RELIEF LOAN ASSOCIATION, OF CHARLESTON." Be 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 authority of the same, That the first Section of the Act to revive and extend the charter of the Relief Loan Association, of Charlestbn, be so amended as to read: " Passed on the twen 240 STATUTES AT LARGE A. D..872. ty-first day of December, in the year of our Lord, one thousand eight hundred and fifty-seven," instead of the " twentieth day of December, in the year of our Lord, one thousand eight hundred and fifty-six." Approved March 13, 1872. No. 184. AN ACT TO INCORPORATE THE UNION BAPTIST CHURCH, OF LAURENS COUNTY, SOUTH CAROLINA. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in GeneCorporators. ral Assembly, and by the authority of the same, That from and immediately after the passage of this Act, all persons who now are, or who hereafter shall or- may become, members of the said society, shall be, and they are hereby, incorporated, and are declared to be a body corporate, by the name and style of the Union Baptist Church, and, by the said name, shall have succession of officers and members, and have a common seal. SEC. 2. That the said corporation shall have power to purchase, Powers and privileges. receive and possess any real or personal estate, not exceeding in value the sum of twenty thousand dollars, or to sell the same; and, -by its corporate name, to sue and be sued in any Court of this State; and to make such rules and by-laws (not repugnant to law) as may be thought necessary and expedient. SEC. 3. This Act shall be deemed a public Act, and shall continue in force until repealed. Approved March 13,1872. No. 185. AN ACT TO INCORPORATE THE DARLINGTON LAND JOINT STOCK AND LOAN ASSOCIATION, OF DARLINGTON, SOUTH CAROLINA. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in Corporators. General Assembly, and by the authority of the same, That Richard H. Humbert, T. C. Cox, S. J. Keith, J. A. Smith, William Braley, J. A. Williamson, P. C. Fludd, Alfred Hart, Edward Mickey, A. P. Ford, Richard Ford, F. J. Pugh, Adam Briston, Wm. Grant, J. D. Warley, A. L. Singleton and J. W. Thomas, together with such other persons as now are, or hereafter may be, associated with them, OF SOUTH CAROLINA. 241 be, and they are hereby, declared a body politic and corporate, for A. D. 1872. the purpose of buying and holding real estate in the County of tof Darlington, or at any point within the County, or the State of South corporation. Carolina, and making loans of money, secured by mortgages of real estate and the hypothecation of bonds, stocks, and other choses in action, and personal property, to its members and stockholders, by the name and style of the Darlington Land Joint Stock and Loan name. Association, of Darlington, South Carolina. The capital stock of Capital stock. said association to consist of five thousand shares, of the value of twenty-five dollars per share; but as soon as two thousand shares shall have been subscribed thereto, the said association shall organize and commence operations, said shares to be paid by successive monthly installments of one dollar on each share so long as the said association shall continue; the said shares to be held, transferred, assigned and pledged, and the holders thereof to be subject to such fines, penalties and forfeitures, for default in their payments, as the regulations and by-laws of the said association may prescribe. SEC, 2. That the said association shall have number and succes- Geanealpowers. sion of officers and members as shall be ordained and chosen, according to the rules and by-laws made, or to be made, by them for their government, and shall have power and authority, from time to time, and at all times, to make such rules and by-laws as are not repugnant to the Constitution and the laws of the land; to have and keep a common seal, and to alter the same at will, to sue and be sued, implead and be impleaded, in any Court of law or equity in this State; and shall have and enjoy every right and privilege incident and belonging to corporate bodies, according to the laws of the land. SEC. 3. That the funds of the said association shall be invested Investment either in the purchase of real estate, in the County of Darlington, offunds. South Carolina, or in any County or sub-division of the State of South Carolina, which shall be rented out or leased, or sold and conveyed, to the members and stockholders of said association upon such terms and conditions as, from time to time, may be prescribed by its rules and by-laws, or be loaned out and advanced to the members and stockholders thereof, upon the security and by hypothecation of real estate in the County of Darlington, or any other subdivision of the State aforesaid, or bonds, stocks or choses in action on personal property, on such terms and conditions as, from time to time, may be prescribed by the rules and by-laws aforesaid. And it shall and may be lawful for the said association to hold and enjoy, for the mutual benefit of its members and stockholders, all such lands, tenements and hereditaments as may be bona fide purchased by, and conveyed to, it; or as may be mortgaged to it, by way of 16 242 STATUTES AT LARGE A. D. 1872. security, upon its loans and advances; or as may be purchased by, or transferred and conveyed to, it, at sales under judgments or decrees, at law or equity, for securing or recovering, or in compromise settlement of, any debt or debts due to it; and to sell, alien, barter, exchange, convey, mortgage, or otherwise dispose of the same, from time to time, and whenever deemed expedient. Many lon out SEC. 4. That if any of the funds of the said association shall rehand. main unproductive, or uninvested and unneeded, or uncalled for, for the space of two months, by its own members and stockholders, it shall be lawful for the said association to lend out what moneys may be on hand to others than stockholders, at such rates of interest (on such security, whether of mortgage of real estate, choses in action, or other personal property,) as may be agreed on, to be safely invested, to be repaid within one year. Division and SEC. 5. That whenever the funds and assets of the said associad istribution of assets. tion shall have accumulated to such an amount that, upon a fair division thereof, such stockholders, for each and every share of stock held by him or her, shall'have received, or be entitled to receive, the sum of two hundred dollars, or the value thereof in property or assets, and such division and distribution shall have been made, then the said association shall cease and determine: Provided, however, That, in case the said association shall not have closed its operations and affairs, as above provided for, within a shorter period, then this Act shall not continue in force beyond twenty years. Penalty for SEC. 6. That if any officer or sub-officer of the said association misappropriating moneys shall use the moneys of said association, other than those prescribed of Associa. tion. by this Act, he shall, on proof thereof; be deemed guilty of a misdemeanor, and sentenced to pay a fine of twice the amout of money so appropriated, and imprisonment for a term of not less than six months. SEC. 7. That this Act shall be deemed a public Act, and be given and received in evidence without being specially pleaded. Approved March 13, 1872. No. 186. AN ACT TO INCORPORATE THE TOWN OF NINETY-SIX. SECTION 1. Be't enacted by the Senate and House of RepresenCorporator. tatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That all persons, citizens of the United States, who now are, or hereafter may be, inhabitants of the town of Ninety-Six, shall be deemed, and are hereby declared, a body politic and'corporate; and said town shall be called OF SOUTH CAROLINA. 243 and known by the name of Ninety-Six, and its limits shall be deemed A. D. 1872. and held to extend one half a mile in each direction from the Green- or Corporate ville and Columbia Railroad Depot, at said place. limits. SEC. 2. That the said town shall be governed by an Intendant Officers. and four Wardens, who shall be elected on the first Monday in April next, 1872, as well as on the first Monday in April of every year thereafter, an election shall be held for an Intendant and four Wardens, who shall be citizens of the United States, and shall have been residents of the said town sixty days next preceding said election, at such place in said town as the Intendant and Wardens shall designate, ten days' notice thereof, in writing, being previously given; and that all the male inhabitants of said town,-of the age of twenty- Electors. one years, who have resided therein sixty days previous to the election, shall be entitled to vote for said Intendant and Wardens; and the election shall be held from seven in the morning, until six o'clock Election. in the evening, when the poll shall be closed, and the Managers shall count the votes and proclaim the election, and give notice thereof to the persons elected; and that the Intendant and Wardens for the time being shall appoint Managers to hold the ensuing election; that the Intendant and Wardens, before entering upon the duties of their offices, shall take the oath prescribed by the Constitution of the State, and the following oath, to wit: "As Oath of office. Intendant (or, Warden). of Ninety-Six, I will equally and impartially, to the best of my ability, exercise the trust reposed in me, and will use my best endeavors to preserve the peace and carry into effect, according to law, the purposes of my appointment: So help me God." SEC. 3. That in case a vacancy shall occur in the office of the Vacancy. Intendant, or any of the Wardens, by death, resignation, removal from the State, or from any other cause, an election shall be held, by appointment of the Intendant and Warden, or Wardens, as the case may be, ten days' public notice thereof, as aforesaid, being given; and in case of the sickness or temporary absence of the Intendant, the Wardens, forming a Council, shall be empowered to elect one of themselves to act as Intendant during such sickness or absence. SEC. 4. That the Intendant and Wardens duly elected aid quali- Judicial pow. fied shall, during their term of service, severally and respectively, e' be vested with all the powers of Trial Justice and Justice of the Peace in this State, in matters civil and criminal, within the limits of said town; that the Intendant shall, as often as occasion may require, summon the Wardens to meet him in Council, a majority of whom shall constitute a quorum for the transaction of business, and shall be known as the Town Council of Ninety-Six; and they 244 STATUTES AT LARGE A.D. 1872. and their successors in office shall have a common seal; and shall ~ have power and authority to appoint, from time to time, such and Marshals. SO many proper persons to act as Marshals and Constables as they shall deem expedient and proper, which officer shall have all the powers, privileges and emoluments, and be subject to all the duties, penalties and regulations by the laws of this State, for the office of Constable; and the Intendant and Wardens, in Council, shall have power and authority, under their corporate seal, to lationsre- ordain and establish all such rules and by-laws and ordinances, respecting the streets, ways, public wells, springs of water, markets and police of said town, and for preserving health, peace, order and good government within the same, as they may deem expedient and proper; and the said Council may affix fines for offenses against such by-laws and ordinances, and appropriate the same to the use of the corporation; but no fine shall exceed fifty dollars. All fines may be collected by an action for debt, before a proper tribunal. Nuisances. SEC. 5. That the said Council shall have power to abate or remove nuisances within the limits of said town, and also to classif and arrange the inhabitants liable to public duty, and require them to perform such duty as occasion may require, and enforce the performance of the same, under the same penalties as are now, or hereafter may be, established by law: Provided, always, nevertheless, That the said Town Council shall have power to compound with the persons liable to perform such duty, under such terms as they shall, by ordinance, establish. Road and SEC. 6. That it shall be the duty of the Intendant and Wardens treet duty. to keep all streets and ways in the limits of said town open and in good order, and for that purpose they are hereby invested with all the powers and privileges granted by law to the Commissioners of, Roads within the limits of said town; and, for neglect of duty, they shall be liable to the same pains and penalties imposed by law upon Commissioners of Roads for like neglect; and they are hereby individually exempt from the performance of road and public duty; and the inhabitants of said town are hereby exempt from road duty without the limits of said corporation. SEC. 7. That the said Intendant and Wardens shall have power to compound with persons liable to work on the said streets and ways, and to release such persons as may desire it, upon the payment of such sum of money as they may deem a fair equivalent therefor, to be applied by them to the use of the corporation. MYay hold and dspose of SEC. 8. That the said Town Council of Ninety-Six shall also be property. empowered to retain, possess and enjoy all such property as they may be possessed of or entitled to, or which shall hereafter be given, OF SOUTH CAROLINA. 245 bequeathed to, or in any manner acquired by them; and to sell, A.D. 1872. alien, or in any way transfer the same, or any part thereof: Provided, The amount of property so held, or stock invested, shall, in no case, exceed the sum of twenty thousand dollars. SEC. 9. That the said Town Council shall have power to impose Annual taxation. an annual tax upon all real and personal property within the limits of said town: Provided, Said tax does not exceed the sum of fifteen cents on the one hundred dollars. SEC. 10. That the Intendant and Wardens of the town of Ninety-.Sales at auction. Six shall have power to regulate sales at auction within the limits of said town, and grant licenses to auctioneers: Provided, That nothing herein contained shall extend to sales by or for Sheriffs, Clerks of Courts, Judge of' Probate, Coroners, Executors, Administrators, Assignees, or by any other person under the order of any Courtor Magistrate. SEC. 11. That the Intendant and Wardens'shall have power and Sidewalks. authority to require all persons owning a lot or lots in the said town of Ninety-Six, to keep in repair the sidewalks adjacent to their lots, respectively, and, for default in this matter, shall have power and authority to impose a fine not exceeding fifteen dollars. SEC. 12. That the authority to refuse or grant licenses to keep a Licenses. tavern or retail intoxicating drinks be, and the same is hereby, vested in the Town Council of Ninety-Six; and that they be also.invested with all the necessary power, by ordinance or ordinances, to suppress or regulate the sale of intoxicating drinks, to be drank at the place where sold, or in or upon any of its appurtenances, or in or upon any of its highways, streets, lanes, alleys, commons, kitchens, stores, shops, public buildings, stalls or outhouses of the said town, or within half a mile of the Greenville and Columbia Railroad Depot, in said town: Provided, No rule or regulation shall be made inconsistent with the Constitution and laws of the State. SEC. 13. That this Act shall be deemed a public Act in all Courts of justice, and shall continue of force until amended or repealed. Approved March 13, 1872. AN ACT TO INCORPORATE THE PEOPLE'S SAVINGS INSTITUTION. No. 187. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now inet and sitting in General Assembly, and by the authority of the same, That Alva 246 STATUTES AT LARGE A. D. 1872. Gage, R. Tomlinson, G. I. Cunningham, C. H. West, R. S. Bruns, Cortors S. S. Howell. B. C. Pressley, J. H. Wilson, W. Ufferhardt, J. B. Betts, C. L. Burckmeyer, John Hanckel, John H. Devereaux, W. McBurney, W. Y. Leitch, R. Adger, Zimmerman Davis, W. A. Kelly, D. A. Amme, H. Gerdts, H. S. Griggs and 0. R. Levy, be, and they are hereby, created a corporation, by the name and title Title. of the People's Savings Institution; and that they and such others as shall be duly elected members of said corporation, as in this Act provided, shall be a body politic and corporate, by the same name and title. Deposits. SEC. 2. That the said corporation shall be capable of receiving, on deposit, from any person or persons disposed to obtain and enjoy its advantages, all sums of money that may be offered for that purpose; and on receipt of any deposit, it shall deliver to the depositor a book, in which shall be entered all sums deposited. Investment SEC. 3. That all deposits of money received by the said corof deposits. poration may be invested in any public stock or bonds, created by virtue of any law of this State, or any ordinance of the city of Charleston, or in the capital stock of any bank within this State, or in United States bonds or stock, or bonds or stock of any city or State in the United States, or in the stocks or bonds of any railroad company incorporated in this or any other State, or loaned on promissory notes, secured by pledge of such stocks, at not more than seventy-five per centum of their par value, or on bonds secured by mortgage of real estate, lying and being within the Parishes of St. Philip and St. Michael, in the County of Charleston; Division of and the income and profit thereof shall be applied and divided profits. among the persons making the said deposits, or their legal representatives, after making such seasonable deductions as may be necessary for expenses, in proportion to the sums by them deposited, and to the length of time during which such deposits may have remained in the institution; and the principal of such deposits shall be repaid to each depositor at such times, and under such regulations as the said corporation shall prescribe, the substance of which regulations shall be printed in the book of deposit received by each Liability depositor: Provided, That the corporators in the said corporation of corpora- shall be liable to the amount of their respective share or shares of tors. stock in said Banking Institution for all its debts and liabilities upon note, bill or otherwise: And provided, further, That no Director, or other officer of said corporation, shall borrow any money from said corporation; and if any Director, or other officer, shall be convicted, upon indictment, of directly or indirectly violating this Section, they shall be punished by a fine or imprisonment at the discretion of the Court. OF SOUTH CAROLINA. 247 SEC. 4. That the said corporation shall have power to elect new A. D. 172. members by ballot at their semi-annual meetings in January and July ewmemeach year; and any member, upon filing a written notice with the bers. President thereof; three months, prior, may, at any such meeting of said corporation, withdraw and forever dissolve his connection with the same. SEC. 5. That the said corporation may have a common seal, e^neral ow' which they may change and renew at pleasure; and that all deeds, conveyances and grants, covenants and agreements made by their Treasurer, or any other person, by their authority and direction, according to their rules, shall be good and valid; and the corporation shall, at all times, have power to sue and be sued, and may defend, and shall be held to answer by the name and title aforesaid; and may acquire, take, hold and convey such real estate as may be deemed desirable for its place of business, or necessary for it to purchase in foreclosing or settling such mortgages as it may hold as security for loans. SEC. 6. That the said corporation shall hereafter meet at Charles- nngual meetton, some time in the month of January, annually, and as much oftener as they may deem expedient; and any seven members of the said corporation, the President, Vice-President, Secretary or Treasurer being one, shall be a quorum; and the said corporation, at their annual meetings in January, shall have power to elect a Election of omicers. President, Vice-President, Secretary and Treasurer, and twenty Trustees, all of which said officers shall be sworn to the faithful performance of their duties, and shall hold their offices and manage and direct the affairs of the said corporation until their successors shall be duly elected and qualified. SEC. 7. That the said corporation are hereby vested with the By-laws and regulations. power of making by-laws and regulations for the more orderly managing the business of the corporation: Provided, The same are not regugnant to the Constitution and laws of this State. SEC. 8. That any two persons herein named may call the first First meeting-by whom meeting of the corporation, by advertising it in any two of the called. daily papers published in the city of Charleston. SEC. 9. That the Treasurer of said corporation shall give bond Treasurer to the satisfaction of the Trustees for the faithful discharge of the bondcs. duties of his office. SEC. 10. That the Treasurer of said corporation shall, as soon as Publication o~ flo annual may be, after the annual meeting in January, publish in one or statement. more of the daily papers of the city of Charleston, a statement of the concerns of the said corporation, which statement shall specify the following particulars, namely: Number of depositors, total amount of deposits, amount invested in bank stock, amount. in 248 STATUTES AT LARGE A. D. 1872. vested in State or city stock, amount invested in United States bonds or stock, amount invested in railroad stocks or bonds, loans on mortgages of real estate, loans on notes secured by pledge of stock, amount of cash on hand, total dividends for the year, annual expenses -f the corporation; all of which shall be certified and sworn to, or affirmed, by the Treasurer; and five or more of the Trustees of said corporation shall also certify that the same is correct, according to the best of their knowledge and belief. SEC. 11. That this Act shall be deemed a public Act, and continue in force until repealed. Approved March 13, 1872. No. 188. AN ACT TO INCORPORATE THE CITIZENS' BUILDING AND LOAN ASSOCIATION, OF CHARLESTON. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in Corporators. General Assembly, and by the authority of the same, That William B. Heriot, Hutson Lee, B. S. Rhett, H. L. P. McCormick, William B. Steedman, William Thayer, L. D. Mowry, T. A. Wilber and V. J. Thomas, together with such other persons as now are, or hereafter may be, associated with them, be, and they are hereby, debjects ionf clared a body politic and corporate, for the purpose of buying and holding real estate in the County of Charleston, South Carolina, and making loans of money, secured by mortgages of real estate and the hypothecation of bonds, stocks and other choses, and personal property, to its members and stockholders, and others, by the name and style of the " Citizens' Building and Loan Association, Capital stock. of Charleston." The capital stock of said association to consist of two thousand five hundred shares; but, as soon as one thousand shares are subscribed thereto, the said association shall organize and commence operations; said shares to be paid by successive monthly installments of one dollar on each share, so long as the said association shall continue; the said shares to be held, transferred, assigned and pledged, and the holders thereQf to be subject to such fines, penalties and forfeitures, for default in their payments, as the regulations and by-laws of the said association may prescribe. General pow- SEC. 2. That the said association shall have such number and ers. succession of officers and members as shall be ordained and chosen according to the rules and by-laws made, or to be made, by them for their government; and shall have power and authority, from OF SOUTH CAROLINA. 249 time to time, and at all times, to make all such rules, regulations A. D 1872. and by-laws as are not repugnant to the Constitution and \the laws of the land; to have and keep a common seal, and the same to alter at will; to sue and be sued, implead and be impleaded, in any Court of law or equity in this State; and shall have and enjoy every right and privilege incident and belonging to corporate bodies, according to the laws of the land. Investment SEC. 3. That the funds of the said association shall be invested, of funds. either in the purchase of real estate in the County of Charleston, South Carolina, which shall be rented out or leased, or sold and conveyed to the members and stockholders of said association, upon such terms and conditions and estates as, from time to time, may be prescribed by its rules and by-laws; or be loaned out and advanced to the members and stockholders thereof, upon the security and hypothecation of real estate in Charleston aforesaid, or bonds, stocks or choses in action, or personal property, on such terms and conditions as, from time to time, may be prescribed by the rules and by-laws aforesaid. And it shall and may be lawful for the said association to hold and enjoy, for the mutual benefit of its members and stockholders, all such lands, t6nements, hereditaments and appurtenances as may be bonafide purchased by and conveyed to it, or as may be mortgaged to it by way of security upon its loans and advances, or as may be bought by or transferred and conveyed to it at sales under judgments or decrees at law or equity for securing and recovering, or in compromise settlement of any debt or debts due to it; and to sell, alien, barter, exchange, convey, mortgage or otherwise dispose of the same, from time to time, and whenever deemed necessary and expedient. The stockholders in ioablt ldeos this association shall be severally liable for all debts and obligations created or contracted by.the association to an amount double the amount of their stock. SEC. 4. That, if any of the funds of the said assodation shall May loan out moneys remain unproductive, or uninvested, and uncalled for, for the space on hand. of two months, by its own members and stockholders, it shall be lawful for said association to lend out what moneys may be on hand to others than stockholders, at such rates of interest as may be agreed on, to be safely invested, and to be repaid within one year. SEC. 5. That, whenever the funds and assets of the said associa- Division and distribution tion shall have accumulated to such an amount that, upon a fair of assets. division thereof, each stockholder, for each and every share of stock held by him or her, shall have received, or be entitled to receive, the sum of two hundred dollars, or the value thereof in property or assets, and such division and distribution shall have been made, 250 STATUTES AT LARGE A. D. 1872. then the said association shall cease and determine: Provided, however, That, in case the said association shall not have closed its operations and affairs, as above provided for, within a shorter period, then this Act shall not continue in force beyond ten years. SEC. 6. That this Act shall be deemed a public Act, and be given and received in evidence, without being specially pleaded. Approved March 13, 1872. No. 189. AN ACT TO CHARTER THE VILLAGE OF LISBON. SECTION 1. Be 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 authority of the same, That, from and Corporators. after the pssage of this Act, all and every person or persons who shall have resided in the corporate limits of the village of Lisbon, in the County ofDarlington, State of South Carolina, for twb months, are hereby declared to be members of the corporation hereby to be created. That the said persons shall, from and after the passage of this Act, become a body politic and corporate, and shall be known Corporate and called by the name of the village of Lisbon, and its corporate limits, limits shall extend one-half mile from "cross-roads," so-called, in every direction. powers con- SEC. 2. That the powers and duties of the officers of the village, ferred by the government of the same, and all things pertaining to the charter cbarter on m'.n ten of Flo. of said village, shall be the same as provided for in an Act entitled " An Act to incorporate the town of Florence," approved March 9, 1871, excepting only the corporate limits. SEC. 3. This Act shall be deemed a public Act, and continue in force until amended or repealed. Approved March 13, 1872. No. 190. AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO GRANT, RENEW AND AMEND THE CHARTERS OF CERTAIN TowNS AND VILLAGES THEREIN MENTIONED." SECTION 1. Be 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 authority of the same, That Section 12 of an Act entitled "An Act to grant, renew and amend the char OF SOUTH CAROLINA. 251 ters of certain towns and villages therein mentioned," be amended A. D. 1872. by inserting between the words "officers," on the ninth line, and *^* "the," on the tenth line, the following: "And the said Intendant and Wardens shall have the power to bring before them, when sitting in Council, all offenders against the by-laws and ordinances of Punishment the said town, and to punish, by fine, the same; and, in case such of offenders. person so fined shall fail to pay the same, the said Intendant and Wardens shall have power to compel the offender to work upon the public roads or streets, allowing them a fair valuation for such wotk, until the fine be cancelled." SEC. 2. That all Acts or parts of Acts inconsistent with the provisions of the above Act, be, and the same are hereby, repealed. Approved March 13, 1872. AN ACT TO ESTABLISH A CAUSEWAY OVER BIG SALTKEHATCHIE No 191 SWAMP, AT WALNUT POINT, CONNECTING THE COUNTIES OF COLLETON AND BEAUFORT. SECTION 1. Be it enacted by the Senate and House of RepresenCausewRy tatives of the State of South Carolina, now met and sitting in Gene- across Big Saltkehatchie ral Assembly, and by the authority of the same, That, on and after Swamp. the passage of this Act, it shall be competent for the parties hereinafter named to establish and construct a good and substantial causeway across Big Saltkehatchie Swamp, at Walnut Point, connecting the Counties of Colleton and Beaufort. SEC. 2. That the causeway hereby authorized to be established In whom be, and the same is, vested in C. F. Petit, G. W. Petit, John Burnett and Wm. Nettles, and their associates and successors, for the term of fourteen (14) years: Provided, Said company, or corporation, shall comply with the requirements hereinafter named. SEC. 3. That it shall be the duty, and it is hereby made one of When to be completed. the provisions of this charter, that the causeway herein contem- c plated to be established shall be constructed within twelve months from the passage of this Act; shall be built of good and sound material, and always be kept in good repair, and shall be, when Manner of constructed, at least twelve (12) inches above tide water, and its constrction. abutments be of such a character as to resist, in the event of a freshet, its being washed away; and for the better carrying out of this provision, it is hereby made the duty of the Commissioners of cDutyisof Roads of the Counties hereinbefore named, to inspet said causeway oa Roads of the Counties hereinbefore named, to inspect said causeway ers of Roads. 252 STATUTES AT LARGE A.D.1872. in course of construction, and after completion, and see that the foregoing specified requirements be complied with. 1Ratesof SEC. 4. They shall be authorized to ask, demand and receive for crossing the said causeway, when completed, the following rates of toll: For each foot passenger, the sum of five cents; each passenger on horseback, ten cents; each carriage or vehicle drawn by one horse, twenty cents; each carriage or vehicle drawn by two horses, thirty cents; each carriage or vehicle drawn by four horses, fifty cents; each loose horse or mule, five cents; each head' of cattle, ePetrsons goats, sheep or hogs, two cents: Provided, however, No tll shall be exacted from a minister attending his circuit, officers in the discharge of their duties, voters attending the poll, and children going and returning from school. Approved March 13, 1872. No. 192. AN ACT TOESTABLISH A COMPANY UNDER THE NAME OF THE SULLIVAN'S ISLAND FERRY COMPANY, AND TO MODIFY THE CHARTER OF THE MOUNT PLEASANT FERRY COMPANY, AND FOR OTHER PURPOSES. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in Genp eral Assembly, and by the authority of the same, That Douglass Nesbitt, John B. Conner, D. F. Fleming, Henry Jones, William Gregg, Charles J. Andell, W. R. Jervey, and such other persons as may become members, be, and they are hereby, declared a body politic and corporate, by the name of the Sullivan's Island Ferry Purpose of corporation. Company, for the purpose of conveying passengers and transferring goods, wares and merchandise between the city of Charleston and Sullivan's Island, in the County of Charleston, and between the said city and any other place or places; and by that name may sue and be sued, plead and be impleaded, in any Court in this State; Powers. may have a common seal; may purchase, hold and convey real estate to any amount not exceeding forty thousand dollars; and may have and enjoy all the rights, powers and privileges incident to a corporation. Capital stock. SEC. 2. That the capital stock of said company shall be thirty thousand dollars, with a privilege of increasing the same, from time to time, to any amount not exceeding one hundred thousand dollars. L'ab lity of members. And every member of the said company shall be individually liable for all debts contracted during the time he or she shall be a member OF SOUTH CAROLINA. 253 or shareholder in the said company to the extent of the par value A. D. 1872. of his or her shares in the same, and shall be answerable in any action at law therefor against him or her, notwithstanding the nonjoinder of the other shareholders or any of them, at any time after the return of nulla bona may have been made by the Sheriff of Charleston County, upon any execution issued against the said company. But nothing herein contained shall be construed to deprive any of the shareholders of any equitable rights against the creditors or the other shareholders of the said company. SEC. 3. That the first meeting of the said corporation may be M ng called by the. persons, or a majority of them, named in this Act, at such time and place as they may think fit, after due "public notice thereof. And at said meeting, or any subsequent meeting, said corporation may make, alter, amend or repeal such by-laws and regu- By-laws and lations for the organization of the same, and the management of the regulations business thereof, as a majority of the stockholders may direct: Provided, The same be not inconsistent with, or repugnant to, the Constitution and laws of this State, or the United States. SEC. 4. That this Act shall be taken and deemed to be a public Act; shall be and continue of force for the term of fourteen years. SEC. 5. That the several Acts of December 20, 1856, and of De- cR1eelin cember 21, 1865, relating to the charter of the Mount Pleasant Ferry Company, be, and the same are hereby, repealed; and all Acts and parts of Acts inconsistent with this Act are hereby repealed. Approved March 13, 1872. AN ACT TO INCORPORATE THE FARMERS', LABORERS' AND ME- NO. 193. CHANICS' LAND COMPANY, OF ORANGEBURG COUNTY, SOUTH CAROLINA. SECTION 1. Be 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 authority of the same, That Jacob Corporators. Moore, Henry Wallace, J. L. Jamison, E. J. Cain, Isaac Speaker, Christian Green, T. C. Andrews, B. Byas, George Bolivar, and their associates and successors, are hereby made and created a body politic and corporate, under the name and style of the " Farmers', La- namCe.rat borers' and Mechanics' Land Company, of Orangeburg County, South Carolina." 254 STATUTES AT LARGE A. D. 1872. SEC. 2. That the said corporation hereby created and established Powers and shall have power to make such by-laws, not repugnant to the laws privileges. of the land; and to have, use and keep a common seal, and the same to alter at will; to sue and be sued, plead and be impleaded, in any Court in this State; and to have and enjoy all such property, real and personal, as may be given, bequeathed or devised to it, or may be, in any manner whatsoever, acquired by the said corporation: Provided, The amount so held shall not exceed the sum of one hundred thousand dollars. f Investent SEC. 3. That the said corporation may, from time to time, invest their funds, moneys, assets and all other property, stocks, public or private, notes, bills, bonds, with or without security, by mortgage of real or personal property, or by surety, in such sums, and on such terms and conditions, as they may deem proper; and it shall be lawful for said corporation, from time to time, and at all times, to sell, convey, mortgage, assign or transfer all of its property, real and personal, as and when it may deem proper and expedient; and to make and execute bonds, under their corporate seal, with or without mortgage, for the purchase of real or personal property. Liability of SEC. 4. That the real and personal property of each corporator corporators. shall be liable for the debts of said corporation, in any amount not exceeding the par value of the stock held by him. > SEC. 5. That this Act shall continue in force until repealed, and the same shall be deemed a public Act, and may be given in evidence without being specially pleaded. Approved March 13, 1872. No. 194. AN ACT TO CHARTER THE UNION SAVINGS BANK, OF COLUMBIA, S. C. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in GenCorporators. eral Assembly, and by the authority of the same, That S. L. Leaphart, John Meighan, J. P. Southern, G. M'. Walker, Wm. Glaze, Richard Wearn, W. B. Nash, Wm. Simons, James Davis and Geo. Symmers, together with such other persons as are now, or may hereafter be, associated with them, shall be, and they are hereby, constituted nCorporate and made a body politic and corporate, by the name and style of name. the Union Savings Bank, of Columbia, South Carolina; and, by that Powers and name and style, shall be, and is hereby, made capable in law to privg have, purchase, enjoy and retain, to it and its successors, lands, OF SOUTH CAROLINA. 255 rents, tenements, goods, chattels and effects, of whatever kind or A. D.1872. quality soever, and the same to sell, alien or dispose of; to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in Courts of Record, or any other place whatsoever; and, also, to make, have and use a common seal, and the same to break, alter and renew at their pleasure; and, also, to ordain and put in execution such by-laws and regulations as may seem necessary and convenient for the government of the said corporation, not being contrary to the laws of this State, or the Constitution thereof. SEC. 2. The capital stock of said corporation shall not be less Capitalstock. than twenty thousand dollars, which may be increased from time to time to a sum not exceeding five hundred thousand dollars, and shall be paid in and accumulated as hereinafter provided. SEC. 3. The said corporation shall have power and authority to fIfvestment invest its capital stock, or other funds, in bank or other stocks, in the purchase of bonds of the United States, bonds issued by this or any other State of the United States, and in bonds of any incorporated company'to lend money upon personal or real security, to discount bonds, notes and bills of exchange, and to guarantee the payment of notes, bonds, bills of exchange or other evidences of debt. SEC. 4. The said corporation shall receive deposits from any per- T eporits. son or persons, and all such deposits shall be invested as the Board of Directors may deem most advantageous, and in accordance with Section third, and interest shall be allowed to the depositors thereof as may be directed or provided for by the by-laws of the ihstitution. SEC. 5. Each subscriber to stock in this bank shall, on or before Monthly payment on the fifth day of each month, pay, at the office of the bank, one dol- shares. lar per share of his or her subscription, and any subscriber failing to do so, shall be fined five cents per share for such delinquency, and, for each succeeding ten days of such delinquency, ten cents per share additional; and if, at the expiration of two months, such delinquency shall still exist, the stock shall be sold at public auc. tion, the proceeds of which shall be paid to such delinquent stockholder, after deducting all fines that may be charged against him, and his proportion of all losses sustained, and expenses incurred by the institution in the course of its business. SEC. 6. As soon as the stock becomes of the value of one hundred Issue of dollars per share, scrip shall be issued to each stockholder for the s iP number of shares standing in his or her name, on the books of the institution, signed by the President and Cashier, with the corporate 256 STATUTES AT LARGE A. D. 1872. seal of the bank affixed, from which time the payment of monthly installments shall cease. Withdrawal SEC. 7. Any stockholder, at any time prior to the stock becoming ofrstockol of the value of one hundred dollars per share, may withdraw from the institution, upon written notice being given at any regular meeting of the Board of Directors, ahd at the expiration of ninety days the institution shall pay to said stockholder the actual value of his or her stoc at the date of notice of withdrawal, the monthly installments of such stockholder ceasing from date of said notice; or said stockholder may sell his or her interest to any other person, the purchaser being placed on an equality with the other stockholders. Actual value SEC. 8. By actual value of the stock is meant the amount paid in of stock defined. by each stockholder, together with his or her proportion of any profits, and deducting therefrom his or her proportion of any losses that may have occurred, and withholding his or her proportion of any investments about which the Board of Directors may be doubtful, until they are satisfied. Dividends. SEC. 9. As soon after the stock becomes of the value of one hundred dollars per share, and scrip is issued therefor, the Directors may make dividends at such times, and of so much'of the profits of the bank, as shall appear to them advisable. President and SEC. 10. There shall be elected, as soon after the ratification of Directors. this Act as the corpprators and subscribers may deem advisable, and, annually thereafter, seven Directors from their number, who shall appoint one of their number President, and may fill any vacancy occurring in the Board, unless it- be by removal, in which case the members shall fill the same in general meeting. The Subordinate Board shall appoint (to hold at its pleasure) the subordinate officers officers. and agents, prescribe their duties and compensation, and take from them such bonds, with security, as it may deem advisable. Meetings. SEC. 11. It shall be competent, at any general meeting of the stockholders, to change the time of holding the annual meetings; and extra meetings may be called at any time, upon a written application to the Board of Directors, signed by stockholders representing not less than one-half of the capital stock; and at all meetManner of ings of stockholders, each share shall entitle its holder to one vote, voting. and a representation of a majority of the entire stock by the holders, in person, or by their proxies, shall be requisite to constitute a quorum. Special SEC. 12. The said company is hereby declared to be capable in powers' law of holding and exercising the office of executor, by appointment of any testator; the office of administrator of the testator, or intestate, by appointment of the Court of Probate; the office of guardian, or other trustee, of any estate, which may be held in trust, OF SOUTH CAROLINA. 257 by appointment of any person or Court of competent authority to A. D 1872. make such appointment; and the office of trustee under any mortgage; and in any such case the said company, or executor, administrator or trustee, shall be subject to the same measure of accountability, and to the same rules and regulations of law, which pertain to such trusts when held and exercised by natural persons, except that in lieu of any bond to be required of said company for the administration of any trust, the capital stock and other assets of the company shall stand pledged for the faithful discharge of any such trust. SEC. 13. The said corporation shall have authority to establish Branch ofbranch offices at such points in this State as the Directors may elect: fces. Provided, That the business transactions at such branch offices shall constitute a part of the general business of the bank, and shall be reported to the office in Columbia, at least once every month. SEC. 14. This Act shall be deemed a public Act, and shall be judicially taken notice of without special pleading; and the charter hereby granted shall be in force from its passage, and continue in force for a period of thirty years. Approved March 13, 1872. AN ACT TO INCORPORATE THE GETHSEMANE BAPTIST CHURCH, NO. 195. OF CHESTER COUNTY. SECTION 1. Be 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 authority of the same, That Rev. Barney Corporators. Humphries, Willis Blackwell, Edward Allen, James Smith, James Williams, and their associates and successors, be, and they are here- Corporate by declared to be, a body politic and corporate, under the name andname. style of the Gethsemane Baptist Church, of Chester County; and may have a common seal, with power to alter the same at will. SEC. 2. That said corporation shall have power to purchase and hold any real or personal estate, not exceeding in value the sum of Powers and ten thousand dollars, and to sell, convey and dispose of the same; privileges and, by its corporate name, to sue and be sued in any Court of this State; and to make such rules and by-laws, not repugnant to the laws of the land, as they may deem necessary and expedient. SEC. 3. That this Act shall be deemed a public Act, and be and continue ih force until repealed. Approved March 13,1872. 17 258 STATUTES AT LARGE A. D. 1872. AN ACT TO ESTABLISH THE CHARLESTON LAND AND JOINT STOCK COMPANY. No. 196. SECTION 1. Be 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 authority of the same, That Charles Corporators. Simonds, Thomas Mathews, L. F. Campbell, Samuel Porcher, James Porcher, Z. Paton, W. Fields, J. Proctor, J. Simmons, S. Porcher, A. Campbell, G. Hines, and other persons who are, or hereafter may be, associated with them, be, and they are hereby, declared a body politic and corporate, for the purpose of making loans of money, secured by mortgage on real estate or personal property, or by conveyance of the same, to their members and stockholders, by the name and style of the Charleston Land and limiPrat e Joint Stock Company, the capital stock of which shall consist of one thousand shares, to be paid in by successive monthly installCapital stock. mients of one dollar on each share, so long as the corporation shall continue; the said shares to be held, transferred, assigned and pledged, and the holders thereof to be subject to such fines and forfeitures, for default in their payments, according to such regulations as may be prescribed by the constitution and by-laws of said corporation; and, moreover, the said shares shall be disposed of, at the death, resignation or removal from the State of any shareholder, in such manner as may be prescribed by the said constitution, rules and by-laws. SEC. 2. That the said corporation shall have power and authority General to make any such rules and by-laws for its government as are not powers. repugnant to the Constitution and laws of the land; shall have such numbers and succession of members and officers as shall be ordained and chosen according to their said rules and by-laws made, or to be made, by them; shall sue and be sued, plead and be impleaded, in any Court of law or equity in this State; and shall have and enjoy all and every right and privilege incident and belonging to corporate bodies, according to the laws of the land. SEC. 3. That the funds of the said corporation may be invested Investment in such property, real or personal, and securities, public or private, of its funds. loaned to shareholders and members, or other persons or corporations, on such securities, in such mode, on such terms, under such conditions, and subject to such regulations, as may be, from time to time, prescribed by the constitution, rules and by-laws of the said corporation; and that it shall and may be lawful for said corporation to take and hold such lands, tenements, hereditaments and personal property and such stocks and bonds, public or private, or choses in action, as shall be mortgaged, conveyed, assigned or pledged to it, by way of security upon its loans or ad OF SOUTH CAROLINA. 259 vances, or purchased at sales thereof; and to sell, alien, trans- A. D. 1872. fer or otherwise dispose of the same, as, from time to time, the said corporation may deem expedient: Provided, That the real estate held by said corporation shall not, at any time, exceed the value of two hundred thousand dollars. That the real and personal property of each stockholder and assigns shall be liable for the debts of said corporation in any amount not exceeding the par value of the stock held by him. SEc. 4. That, semi-annually, on the first days of January and Diisi of July, there shall be divided amongst the stockholders of the said profits. corporation, the profits accruing from the investment. SEC. 5. That this Act shall be taken and deemed a public Act, and that the same may be given in evidence without being specially pleaded. Approved March 13, 1872. AN ACT TO REPEAL THE CHARTER OF THE VILLAGE OF LAU- NO. 197. RENSVILLE. Be 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 authority of the same, That the charter of the village of Laurensville, and all Acts or parts of Acts pertaining thereto, be, and the same are hereby, repealed. Approved March 13,1872. AN ACT TO AUTHORIZE AND EMPOWER W. C. GARITY, F. W. No. 198. TOWLES AND D. H. TOWLES TO ESTABLISH A WHARF AT MARTIN'S POINT, WADMALAW ISLAND, SOUTH CAROLINA. SECTION 1. Be 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 authority of the same, That W. C. Garity, Marti as F. W. Towles and D. H. Towles be, and are hereby, authorized and Point. 260 STATUTES AT LARGE A D. s872. empowered to erect and build a wharf, and collect the usual rate of ~^~ wharfage on the same, at Martin's Point, Wadmalaw Island, South Carolina, and to extend the same as far toward the channel of the river as may be necessary for commercial purposes. SEC. 2. That the franchise herein granted shall be vested in the In whom said W. C. Garity, F. W. Towles and D. H. Towles, their heirs, vested. executors, administrators and assigns, for the term of ninety-nine years. SEC. 3. All Acts or parts of Acts inconsistent with this Act are hereby repealed. Approved March 13, 1872. AN ACT TO INCORPORATE THE TOWN OF TOWNVILLE, IN THE No. 199. COUNTY OF ANDERSON. SECTION 1. Be 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 authority of the same, That all persons, Corporators. citizens of the State of South Carolina, whDo are now, or who may hereafter become, inhabitants of the town of Townville, in the County of Anderson, shall be deemed, and are hereby declared, a body politic and corporate, and that said town shall be called and Corporate known by the name of Townville; and its limits shall be deemed limits. and held to extend one-half mile in every direction from the Townville Baptist Church, in said town. SEC. 2. That the said town shall be governed by an Intendant and four Wardens, who shall be elected on the first Wednesday in April next, on which day, as well as on the first Wednesday in April of every year thereafter, an election shall be held for an Intendant and four Wardens, who shall be citizens of the State of South Carolina, and shall have been resident in the said town for sixty days immediately preceding said election, at such place in said town as the Intendant and Wardens shall designate, ten days' notice, in writing, being previously.given. That H. R. Vandiver, B. F. Gantt, W. J. Harbin and J. W. Spearman be, and they are, appointed a Board of Managers, to hold the first Managers. election under this Act. That all male inhabitants of the said town, of the age of twenty-one years, who have resided therein et sixty days previously to said election, shall be entitled to vote Election. for said Intendant and Wardens; and the election shall be held from nine in the morning until three o'clock in the afternoon, when the polls shall be closed, and the Managers shall publicly count the OF SOUTH CAROLINA. 261 votes, and proclaim the election, and give notice thereof, in writing, AD ls7'2. to the persons elected; and that the Intendant and Wardens, for the time being, shall appoint the Managers to hold the ensuing election, at least twenty days prior to the day of election; that the Intendant and Wardens, before entering upon the duties of their offices, shall take the following oath, to be administered to the officers first elected by some officer duly authorized to administer an oath, and by the outgoing Intendant to the Intendant and Wardens thereafter elected, to wit: "As Intendant (or Warden) of Townville, I -will equallyOath ofice. and impartially, to the best of my skill and ability, exercise the trust reposed in me, and will use my best endeavors to preserve the peace and carry into effect, according to law, the purposes of my appointment: So help me God." SEC. 3. That in case a vacancy should occur in the office of Intendant, or any of the Wardens, by death, resignation, removal from the State or town, or from any other cause, an election shall be held by the appointment of the Intendant and Warden, or Wardens, as the case may be, ten days' notice thereof, as aforesaid, being given. And in case of the sickness or temporary absence of the rItendant, the Wardens, forming a Council, shall be empowered to elect one of their number to act as Intendant during such sickness or absence. SEC. 4. That the Intendant and Wardens, duly elected and qualified, shall, during their term of service, severally and respectively, Judicial be empowered to preserve the public peace, within the limits of said poers. town; and the Intendant shall, as often as occasion may require, summon the Wardens to meet him in Council, a majority of whom shall constitute a quorum for the transaction of business, and shall be known by the name of the Town Council of Townville; and they and their successors in office shall have a common seal; and shall have power and authority to appoint,-from time to time, such and so many proper persons to act as Marshals and policemen as they vlarshals. shall deem necessary and proper, which officers shall have all the powers, privileges and emoluments, and be subject to all the duties, penalties and regulations provided by the laws of this State for the office of Constable. And the Intendant and Wardens, in Council, shall have power and authority, under their corporate seal, to ordain and establish all such rules, by-laws, respecting the streets, ways, public wells and springs, or fountains of water, markets and police of the said town, and for preserving health, peace, order and good Police regulagovernment within the same, as they may deem expedient and proper; and the said Council may affix fines for offenses against such by-laws and ordinances, and appropriate the same to the use of the corporation; but no fine shall exceed twenty dollars; all fines may be. recovered by an action for debt before the proper tribunal. Fines. 262 STATUTES AT LARGE A. D. 1872. SEC. 5. That the said Council shall have power to abate and remove nuisances within the limits of said town; and, also, to clasNuisances. sify and arrange the inhabitants liable to police duty, and to require them to perform such duty as occasion may require; and to enforce the performance thereof by appropriate penalties: Provided, always, nevertheless, That the said Town Council shall have power to compound with persons liable to perform such duties, upon such terms as they shall, by ordinance, establish. SEC. 6. That it shall be the duty of the Intendant and Wardens Roads and to keep all streets and ways, which may be necessary for public use, streets. within the limits of said town, open and in good repair; and, for that purpose, they are hereby invested with all the powers, rights and privileges granted, or that may hereafter be granted, by law, to the County Commissioners, within the limits of said town. And, for any neglect of duty, said Intendant and Wardens shall be liable to the pains and penalties imposed by law upon the County Commissioners for like neglect. And they are hereby, individually, exempt from the performance of road and police duty; and the inhabitants'of said town are hereby excused from road and police duty without the limits of said corporation. SEC. 7. That the said Intendant and Wardens shall have power to compound with persons liable to work on the said streets and ways; and to release such persons therefrom as may desire it, upon the payment of such sum of, money as said Intendant and Wardens may deem a fair equivalent therefor, to be applied by them to the use of the said corporation. SEC. 8. That the said Town Council of Townville shall also be empowered to retain, possess and enjoy, for the use and- benefit of.Iy ^ hnofo said town, all such property as they may now be possessed of or property. entitled to, or which shall hereafter be given, bequeathed to, or in any manner acquired by them in their corporate capacity; and to sell, alien, or in any way transfer the same, or any part thereof: Provided, The amount of property so held, or stock invested, shall in no case exceed the sum of ten thousand dollars. SEC. 9. That the said Town Council of Townville shall also have Annual tax- power to impose an annual tax on all real and personal property ation. within the corporate limits of said town, except the property belonging to churches and schools: Provided, Said -tax shall not exceed ten cents on the hundred dollars. SEC. 10. That the Intendant and Wardens of the town of Townville shall have power to regulate sales at auction within the limits of said town, and to grant licenses therein to auctioneers.: Provided, That nothing herein contained shall extend to sales by or for Sheriffs, OF SOUTH CAROLINA. 263 Coroners, Clerks of Courts and Judges of Probate, Executors and A. D 1872. Administrators, Assignees, Referees and Constables, or by any other person, under the order of any Court. SEC. 11. That the Intendant and Wardens of the town of Townville shall have power and authority to require all persons owning Sidewalks. a. lot or lots therein to keep in repair the sidewalks adjacent to their lots, respectively; and, for default in this matter, shall have power and authority to impose a fine not to exceed ten dollars. SEC. 12. That the power to refuse or grant licenses to keep a Licenses tavern, or to retail intoxicating drinks, be, and the same is hereby, vested in the Town Council of Townville; and that they be, and are hereby, also invested with all necessary power, -by ordinance or ordinances, to suppress or to regulate the sale of intoxicating drinks, to be drank at the place where sold, or in or upon any of its appurtenances, or in or upon any of its highways, streets, lanes, alleys, commons, kitchens, stores, shops, public buildings, booths, stalls or outhouses of the said town, or within one half mile of the limits of the said town: Provided, That no rule or regulation shall be made inconsistent with the Constitution and laws of the State. SEC. 13. Thesaid Town Councilshall have power,under the hand and seal of the Intendant, to issue execution, directed to the Marshal of Executions. the said town, to collect all taxes and fines imposed by the said Council by virtue of authority in them vested by this Act, and the Marshal of said town is hereby invested with all the powers and authority conferred by law upon Constables, to enforce the satisfaction of such executions, in the same manner, and to the same extent. SEC. 14. That the said Town Council shall have power to appoint Appointment of Clerk and a Clerk and Treasurer, annually, and to define their duties and re- Treasurer. sponsibilities. SEC. 15. That this' Act shall be deemed and taken to be a public Act in all the Courts of Justice in this State, and shall continue of force until repealed. Approved March 13,1872. AN ACT TO INCORPORATE THE CHARLESTON LOAN AND Ex- NO. 200. CHANGE COMPANY. SECTION 1. Be 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 authority of the same, That the 264 STATUTES AT LARGE A D 1872. persons and bodies corporate who shall become stockholders in Corporators. the manner hereinafter described, and their successors, shall be Title. a body politic and corporate, under the name, style and title of the Charleston Loan and Exchange Company. SEC. 2. The capital stock of the said company shall be one hunCapital stock. dred thousand dollars, to be divided into shares of one hundred dollars each, and shall be raised in the following manner: The following persons are hereby appointed Commissioners to receive submisio scriptions to the capital stock, to wit: T. H. Williams, H. Bischoff, ers. Wm. Gurney, J. A. Bowley, J. B. Dennis, C. J. Lamb, W. H. Gardner, Jr., S. A. Swails and J. H. Runkle. The said Commissioners, or a majority of them, shall open books, at such places in subscription. Charleston as they shall appoint, within sixty days from the passage of this Act, and receive subscriptions to the said stock: Provided, The said Commissioners shall have given at least three days' notice in two daily papers in the city of Charleston, of the time and place of receiving the subscriptions, and shall require a payment of twenty-five dollars on each share, to be made at the time of subscription therefor: And provided further, That the Board of Directors shall have power, in like manner, at such time as theyshall see fit, to increase the said capital to the sum of five hundred thousand dollars. Division of SEC. 3. That if, after sixty days from the time of opening the shares. books for subscription, one-tenth of the capital stock be subscribed for, then the shares to that extent be divided pro rata among the stockholders, and the company empowered to commence business. SEC. 4. That the said company, under its name, shall have sucpowerG al cession of officers and members, and all the powers, privileges and franchises incident to a corporation, and shall be capable of taking, holding and disposing of their capital stock, according to such rules and regulations as they shall, from time to time, establish, and, also, of taking, holding or disposing of, or investing the increase, profits or emoluments of their said capital stock; and shall have full power and authority to have and use a common seal, and the same to alter and renew at their pleasure; and, by the name and title aforesaid, shall be able and capable, at law and in equity, to sue and be sued, to plead and be impleaded, answer and be answered unto, in all manner of suits, pleas, demands and judicial proceedings whatever; and they are further empowered to appoint a President, Board of Directors, and such other officers as they may deem expedient, for the proper protection and transaction of their business. SEC. 5. That the said company is hereby authorized and empow OF SOUTH CAROLINA. 265 ered to make contracts, and to make loans of money, upon security A' D' 872. of real estate, personal property and choses in action, to barter in''vmak all kinds of merchantable articles, to give and to hold in exchange, contracts, &c. upon such rates of interest as may be agreed upon between the persons or parties borrowing, and exchange at a rate agreed upon by the Board of Directors. SEC. 6. That the said company shall have right and power to May hold acquire, purchase, take and hold, in its corporate name, lands and and dispose of real estate, and the same to demise, grant, sell, assign, exchange and convey, in fee simple or otherwise, and that the sum of three hundred dollars be yearly returnable to the State, out of the net income derived by the company, and that this Act remain in force for the period of twenty years. Approved March 13, 1872. AN ACT TO INCORPORATE THE AMERICAN UNION LITERARY NO. 201. CLUB, OF GADSDEN, RICHLAND COUNTY, SOUTH CAROLINA. SECTION 1. Be 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 authority of the same, That JEsop Good- Corporators. son, John T. Gilmore, Peter Shiver, Robert Campbell, James Scott, Jeff. Tucker, Ellison T. Weston, Harkles Scott, Moses Scott, Stepheney Scott, Alick Marshall, Kitt Mills, together with other persons who now are, or hereafter may be, associated with them, be, and Corporate they are hereby, declared a body corporate, under the name and name. style of the American Union Literary Club, of Gadsden, Richland County, South Carolina, and shall have succession of officers, and shall have a common seal. SEC. 2. That the said corporation shall have power to purchase, receive and hold any real or personal estate, not exceeding in value privileges. the sum of ten thousand dollars, and to sell, convey and dispose of the same; and, by its corporate.name, to sue and be sued in any Court of this State; and to make such rules and by-laws, not repugnant to the laws of the land, as may be considered necessary and expedient. SEC. 3. That this Act shall be deemed and taken to be a public Act, and shall continue in force until repealed. Approved March 13, 1872. 256 STATUTES AT LARGE A. D. 1872. AN ACT TO INCORPORATE THE SAVINGS BANK OF AIKEN. No. 202. Whereas there exists a class of persons who, from want of experiPieamble. ence, are incapable of investing their small incomes and earnings, and as it is desirable to encourage economical and provident habits in all classes, and especially in the young, the laboring and the dependent; therefore, SECTION 1. Be 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 authority of the same, That Ellery M. a Brayton, Charles D. Hayne, Frank Arnim, Samuel A. Gilman, Henry Jones, R. B. Elliott, P. R. Rivers, John Williams, S. J. Lee, W. H. Jones, H. J. Maxwell, and their successors and associates, be, and they are hereby, constituted a body corporate and politic, to receive deposits of money at interest, to loan and invest the same, corporate and to issue certificates of deposits, under the name of the Savings name. Bank of Aiken, and by this name are invested with the following powers, rights and privileges, and subjected to the following restrictions: Capitalstock. SEC. 2. That the capital shall be twenty thousand dollars, with the privilege of increasing it to any amount not exceeding two hundred thousand dollars. This capital shall be a fund pledged for the security of deposits. SEc. 3. Each share of stock shall be one hundred dollars, and Value of shiiaes.e the stockholders shall vote at all meetings in proportion to the number of their shares. SEC. 4. The stockholders shall have power to make rules, regupoweGer lations and by-laws for the management and direction of its affairs, in accordance with the laws of this State, through their properly constituted officers; they shall have power and authority to do everything necessary and proper for the safe and successful management of the bank. When may SEC. 5. That this institution may go into operation as soon bsiess.ce as fifteen thousand dollars of the capital stock shall be paid in, and not before. SEC. 6. That the stockholders of the said corporation shall be Liability of liable to the amount of their respective share or shares of stock in stockholders. said corporation'for all its debts and liabilities upon note, bill or otherwise; and, further, no Director or other officer of said corporation shall borrow any money from said corporation. And, if any Director or other officer shall be convicted, upon indictment, of directly or indirectly violating this Section, he shall be punished by fine or imprisonment, at the discretion of the Court. The books and accounts of said corporation shall be open to inspection, under such regulations as may be prescribed by law. OF SOUTH CAROLINA. 267 SEC. 7. That this Act shall be deemed a public Act, and shall A D. l72. continue in force for the term of twenty years. Approved March 13,1872. AN ACT TO INCORPORATE, THE WATEREE PRESBYTERIAN No. 203. CHURCH, IN FAIRFIELD COUNTY. SECTION 1. Be 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 authority of the same, That the Wa- Powers and privileges. teree Presbyterian Church, of Fairfield County, is hereby incorporated, with all the rights and privileges awarded to religious denominations in this State. SEC. 2. That the said church may acquire property, real and personal, for religious and educational purposes, and may dispose of, regulate and govern the same, as they may deem proper, in accordance with their laws and discipline, such laws not being inconsistent with the laws of the State. SEC. 3. This Act shall be deemed a public Act, and shall continue in force until repealed. Approved March 13, 1872. AN ACT-TO INCORPORATE THE SALEM PRIESBYTERIAN CHURCH, No. 204. OF WADMALAW ISLAND, SOUTH CAROLINA. SECTION 1. Be 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 authority of the same, That Thos. Mid- Corporators. dleton, Rolling Mathas, Abram Deas, their associates and successors, are made a body corporate and politic, under the name and style of the Salem Presbyterian Church, of Wadmalaw Island, -Title. South Carolina, with all the powers now granted to or vested in such like corporations by law; to sue and be sued, plead and be im- Powers and pleaded; and to have a common seal, to alter at will; and make such rules and by-laws to govern the corporation aforesaid, not repugnant to the laws of this State. SEC. 2. This Act to be a public Act for the term of twenty-one years. Approved March 13, 1872. 268 STATUTES AT LARGE A. D. 1872. AN ACT TO RENEW THE CHARTER OF MARION LODGE, No. 2, No. 20- I. O. O. F., OF THE CITY OF CHARLESTON, S. C. No. 205. Be 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 authority of the same, That the charter of Marion newCterd. Lodge, No. 2, I. O. 0. F., be, and the same is hereby, renewed, and shall continue in force until amended, altered or repealed; and that all acts done by the said Marion Lodge, No. 2, I. 0. O. F., since the expiration of its charter, in conformity thereto, shall be, and calidating the same are hereby declared to be, as good and valid, to all intents and purposes, as if the same had been done before the expiration of its charter. Approved March 13, 1872. No. 206. AN ACT TO INCORPORATE THE GRAND DIVISION OF THE SONS OF TEMPERANCE, OF SOUTH CAROLINA. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in GenCo;porators. eral Assembly, and by the authority of the same, That Oliver Hewitt, W. W. Pemberton, Thomas J. LaMotte, W. B. Timmons, W. T. D. Cousart, G. G. Patrick, E. E. Sell, B. D. Townsend, A. M. Kennedy, Rev. J. Claudius Miller, G. W. Turner, L. W. Kennedy, M. W. Felder, L. L. Rice, S. H. Tindal, and others who now are, or may hereafter become, officers and members of the Grand Division 6f the Sons of Temperance, and their successors, officers and members, be, and they are hereby declared to be, a body corporate and,Corporate name. politic, by the name and style of the " Grand Division of the Sons of Temperance, of the State of South Carolina;" and that the said corporation, by its corporate name, sue and be sued, plead and be impleaded, in the Courts of this State; and shall be enabled and Powers and empowered in law to purchase, have, hold, enjoy and possess chattels, privileges. lands, tenements or real estate, of what kind and nature soever, and the same, or any part thereof, to Jell, alien or convey, at their will and pleasure: Provided, That the property so held shall not exceed the annual value of fifty thousand dollars; and the said corporation shall have power to make a common seal, with power to change and alter the same as often as they shall deem necessary. SEC. 2. That this Act shall be deemed and taken to be a public Act, and shall continue in force until repealed. Approved March 13, 1872. OF SOUTH CAROLINA. 269 AN ACT TO DECLARE PUBLIC A CERTAIN ROAD IN THE A. D. 1872. COUNTY OF ORANGEBURG.. 207 Be 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 authority of the same, That a certain road in the County of Orangeburg, leading in a north-easterly direction from the town of Branchville, to what is known as the Old Orangeburg Road, be, and the same is hereby, declared public. Approved March 13, 1872. AN ACT TO AUTHORIZE THE FORMATION OF, AND TO INCOR- NO. 208. PORATE, THE LAURENS AND ASHEVILLE RAILROAD. SECTION 1. Be 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 authority of the same, That J. R. Corporators. Fowler, William Mills, Lanson Owens, Samuel Fleming, Wm. H. Langston, Y. J. P. Owens, J. Crews, W. E. Earle, Thomas M. Cox, Alexander Isaacs, Wilson Cook, Alex. McBee, H. P. Hammett, L. Williams, Hewlett Sullivan, James P. Moore, and their associates and successors, be, and they are hereby, declared a body politic and corporate, under the name and style of the Laurens and Ashe- Cnorprate ville Railroad Company, for the purpose of constructing a railroad from the town of Laurens to the town'of Greenville, and thence towards Asheville, N. C., by the most direct and possible route.'SEC. 2. That, for the purpose of raising the capital stock of said company, it shall be lawful to open books, at the town of eCmtmse Laurens, under the direction of J. R. Fowler, William Mills, Lan- capital stock. son Owens, Samuel Fleming, Wim. H. Langston, Y: J. P. Owens and J. Crews; at the town of Greenville, under W. E. Earle, Thomas M. Cox, Alexander Isaacs, Wilson Cook, Alex. McBee, H. P. Hammett, L. Williams, Hewlett Sullivan and James P. Moore; and at such other places, in the Counties of Laurerrs and Greenville, and under the direction of such other persons, as the Commissioners in the respective Counties herein above named may designate, for the purpose of securing subscriptions to an amount Jointcapital not exceeding two million five hundred thousand dollars, in stock. shares of one hundred dollars each, to constitute a joint capital stock, for the purpose of constructing and carrying into opera 270 STATUTES AT LARGE A. D. 172. tion the said railroad; and, on each share of individual stock, the subscribers shall pay to the Commissioners, who shall be authorized to take the same, the sum of five dollars, lawful money of the United States. SEC. 3. That, when the sum of one hundred thousand dollars When said company may shall have been subscribed in the manner before specified, the submeet and organize. scribers shall be, and they are hereby, declared a body corporate, to be known by the name and style of the Laurens and Asheville Railroad Company, and may meet and organize said company, at such time and place as may be designated by the Commissioners for the town of Laurens hereinbefore named. SEC. 4. That, for the purpose of organizing said company, all privileges such powers as are conferred by the charter of the Greenville conferred by charter on and Columbia Railroad Company on the Commissioners at Greencertain companies grant- ville shall be, and are hereby, conferred on the Commissioners ed to this company. herein appointed, at the town of Laurens; and all the powers, rights and privileges granted by the said charter, and its amendments, to the Greenville and Columbia Railroad Company shall be, and they are hereby, granted to the Laurens and Asheville Railroad Company, and subject to like restrictions as are therein contained, except as to the capital stock, the sum necessary to authorize organization, and the amount of shares, except so far as may be necessary to conform to the special provisions of this Act: Provided, however, That nothing herein contained shall be so construed as to bind the State to subscribe stock in said company, or make any appropriation to enable the said company to build said road, or in any manner to loan the credit of the State thereto. SEC. 5. That it shall be lawful for any County, township, town may be made or city in this State, interested in the construction of the said railby Counties, townships, road, to subscribe to the capital stock of said company such sum cities. as the majority of the voters of such County, township, town or city may authorize their constituted authorities to subscribe; and anner of the Chairman of the Board of County Commissioners of any subscribing. County, or the Mayor or Intendant of any town or city in this State, when instructed by resolution of a convention of tax payers of such County, township, town or city-said convention to be called, after reasonable notice, by the Chairman of the Board of County Commissioners, or the Mayor or Intendant of the town or city, upon the application of not less than ten tax payers, in writing-is hereby required to submit the question of said subscription, and the amount to be subscribed to the said road, to a vote of the legal voters thereof, the said Mayor, Chairman or In OF SOUTH CAROLINA. 271 tendant to designate the precincts for voting, and to appoint suita- A. D. 1872 ble Managers to conduct the same, and declare the result. SEC. 6. That if any County, township, town or city shall make a subscription to said road, as provided in the foregoing Section, said Subscription, how to be subscription shall be raised by taxation, in annual installments, of raised. not less than ten nor more than twenty years, as the people may authorize in the vote aforesaid. SEC. 7. That whenever any subscription shall be made by any County, township, town or city to said road as aforesaid, the County County AudiAuditor or other officer discharging the duties of County Auditor, tourand Trea shall assess, annually, upon the taxpayers of such County, township, town or city, such per centum as may be necessary to raise the annual installment required bysaid subscription, which shall be known and styled in the tax books as the said railroad tax, which shall be collected by the County Treasurer, under the same regulations as are provided by law for the collection of the State and County taxes, and which shall be paid over by said County Treasurer, as soon as collected, to the Treasurer of said railroad company. SEC. 8. That, upon the payment of said annual railroad tax by the tax payers, the County Treasurer, or other officer collecting said Each tax the the County Treasurer, collecting payer to retax, shall give to each tax payer a certificate of the amount paid by ceive a certihim on said railroad tax, which certificate shall be convertible into stock in said railroad company, at par, in the hands of said taxpayer or the bearer thereof, when presented to the company for that purpose. SEC. 9. That, in all conventions of the stockholders of said comCounties, pany, such County, township, town or city, as may subscribe to the townships, &c. —how repcapital stock thereof, may be represented by not less than three nor resented. more than five delegates, who shall represent such portion of the subscription of the said County, township, town or city as may not have been converted into individual stock by the certificates of the tax payers aforesaid; and said delegates may be appointed in primary convention of the tax payers of such County, township, town or city, as the case may be, in such manner as the said convention may determine, and for this purpose the Chairman of the County Commissioners of any County, or the Mayor or Intendant of any town or city, in which subscriptions may be made, is hereby required to call a convention of such -tax payers, at least ten days before the meeting of any convention of stockholders of said company to which the delegates are to be appointed. SEC. 10. That said company is authorized to receive subscription to its capital stock in lands or labor, as may be agreed upon be- Subscriptions may be made tween said company and said subscribers, and may acquire, by in lands or grant, purchase, lease or otherwise, any estate, real or personal, 272 STATUTES AT LARGE A. D. 1872. whatsoever, and the same to hold, use, sell, convey and dispose of, as the interest of said company requires. SEC. 11. That the County Commissioners of the Counties of Laurens and Greenville, and the proper authorities of the towns and I villages in those Counties subscribing to the capital stock of the bon:ls. said Laurens and Asheville Railroad, be empowered, as soon as the said company shall have complied with the terms of subscription of any of the above mentioned Counties, towns, cities or villages, and said subscriptions accepted by said company, then the said County Commissioners of such County, or the proper authority of such towns and villages, are authorized and required to issue bonds to the amount of said subscription, and to have levied and collected, par to par, on all taxable property in said County, town or villages, a sum of money sufficient to meet the interest accruing on such bonds as may be issued to meet such subscription to the capital stock of said Laurens and' Asheville Railroad Company, and to provide further payment of such bonds as they may fall due. SEC. 12. That the said Company be, and they are hereby, authorized to issue first mortgage bonds in an amount or amounts not exFirst mortgage bonds. ceeding twenty thousand dollars per mile, for each and every mile of the said road, as soon as each mile of the same shall be completed, and so on until the completion of the entire road. Approved March 13, 1872. No. 209. AN ACT TO AMEND AN ACT ENTITLED " AN ACT TO GRANT, RENEW AND AMEND THE CHARTERS OF CERTAIN TOWNS AND VILLAGES THEREIN MENTIONED," APPROVED MARCH 9, 1871. SECTION 1. Be 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 authority of the same, That the proviso Compensation of own in Section ninety-seven (97) of the said Act be, and the same is era. hereby, amended so as to read as follows: "That the owners of lands, over which such street or streets may pass, shall be duly compensated by the said Town Council." SEC. 2. That, in case the Council and land owners cannot agree Appoint- upon the amount of such compensation, the same shall be ascerment of Commissioners. tained by three Commissioners, to be appointed, one by the Town Council, one by the land owner, and the third by the Board of County Commissioners for Oragneburg County: Provided, That either party may appeal from such assessment to the Court of Con OF SOUTH CAROLINA. 273 mon Pleas, who shall submit the issue of value to a jury: And pro- A. D 1872. vided, further, That the assessment agreed on, whether by the aforesaid Commissioners or by the jury, shall be recorded in the office of Register of Mesne Conveyance for the aforesaid County of Orangeburg. Approved March 13, 1872. AN ACT TO INCORPORATE THE PROSPECT BAPTIST CHURCH, OF NO. 210. LAURENS COUNTY, SOUTH CAROLINA. SECTION 1. Be 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 authority of the same, That, from and Corporator immediately after the passage of this Act, all persons who now are, or who hereafter shall or may become, members of said society, shall be, and are hereby, incorporated, and are hereby declared to be a body corporate, by the name and style of the "Prospect Baptist Title. Church," and by the said name shall have succession of officers and members, and have,a common seal. SEC. 2. That the said corporation shall have power to purchase, Powers and receive and possess any real or personal estate, not exceeding in privileges value the sum of twenty-five thousand dollars, or to sell the same; and by its corporate name to sue and be sued in any Court of this State; and to make such rules and by-laws (not repugnant to law) as may be thought expedient. SEC. 3. That this Act be deemed a public Act, and shall continue in force until repealed. Approved March 13, 1872. AN ACT TO INCORPORATE THE MOUNT BETHEL CHURCH, OF No. 211. LAURENS COUNTY. SECTION 1. Be 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 authority of the same, That the Mount Bethel Church, of Laurens County, is hereby incorporated with all, the rights and privileges awarded to religious denominations in this State. 18 274 STATUTES AT LARGE A. D. 1872. SEC. 2. That the said Bethel Church shall have power to purchase, receive and hold any real and personal estate, not exceeding in value Powers and the sum of twenty thousand dollars, and to sell, convey and dispose of the same; and, by its corporate name, to sue and be sued in any Court of this State; and to make such rules and by-laws, not repugnant to law, as it may consider necessary and expedient. SEC. 3. That this Act shall be deemed and taken to be a public Act, and shall continue in force until repealed. Approved March 13, 1872. No. 212. AN ACT TO INCORPORATE THE CHURCHES OF ANTIOCH, NEW HOPE, BETHEL GROVE AND NEW BETHANY, OF LAURENS COUNTY, SOUTH CAROLINA. Be 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 authority of the same, That the churches known by the names of Antioch, New Hope, Bethel Grove and New Bethany, of Laurens County, South Carolina, be, and the same are hereby, incorporated, and the corporators thereof are hereby vested with all the rights, privileges and immunities conferred on certain religious institutions by an Act ratified the 16th day of December, 1851. Approved March 13, 1872. No. 213. AN ACT TO MAKE APPROPRIATION AND RAISE SUPPLIES FOR THE FISCAL YEAR COMMENCING NOVEMBER 1, 1871. SECTION 1. Be 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 authority of the same, That the following sums be, and they are hereby, appropriated for the payment of the various officers and expenses of the State Government, that is to say: OF SOUTH CAROLINA. 275 For Salaries. A.. 1872. For the Governor, three thousand five hundred dollars; for the Salaries of Lieutenant Governor, twenty-five hundred dollars; for the Sec- andxecutivca retary of State, three thousand dollars; for the Private Secre- oficer. tary of the Governor, two thousand dollars; for the Clerk to Secretary of State, one thousand dollars; for the Adjutant and Inspector General, twenty-five hundred dollars; for the Comptroller General, three thousand dollars; for the Clerk to the Comptroller General, eighteen hundred dollars; for extra clerical services in the office of the Comptroller General, one thousand dollars; for the State Treasurer, twenty-five hundred dollars; for the Chief Clerk to the State Treasurer, eighteen hundred dollars; for a Bookkeeper for State Treasurer, eighteen hundred dollars; for Auditor of the State, twenty-five hundred dollars; for the State Auditor's Clerk, one thousand dollars; for the State Superintendent of Education, twenty-five hundred dollars; for the Clerk to the State Superintendent of Education, one thousand dollars; for the Health Officers, four thousand nine hundred dollars; for the Chief Justice of the Supreme Court, four thousand dollars; for the two Associate Justices, seven thousand dollars; for the eight Circuit Judges, twenty-eight thousand dollars; for the eight Circuit Solicitors, eight thousand dollars; for the Attorney General, three thousand dollars; for the Attorney General's Clerk, one thousand dollars; for the Clerk of the Supreme Court, who shall perform the duties of Librarian of said Court, fifteen hundred dollars; for the State Reporter, fifteen hundred dollars; for the Keeper of the State House and State Librarian, one thousand dollars; for the Superintendent of the South Carolina Penitentiary, two thousand dollars; for two Watchmen of the State House and Grounds, six hundred dollars each; for the County Auditors, thirty-one thousand five hundred dollars; for the Clerk to the Auditor of the County of Charleston, one thousand dollars; for clerical services in the office of Auditor of Charleston County, two thousand dollars; for the Governor's Messenger, three hundred dollars; for the County School Commissioners, thirty-one thousand two hundred dollars; for preservation of books and records in the office of Register of Mesne Conveyance in Charleston County, three thousand dollars. Executive Department. SEC. 2. For contingent fund of the Governor, fifteen thousand Contingent dollars; for the contingent fund of the Treasurer, one thousand'ul(is of Ex ecutive ofMidollars; for the contingent fund of the Comptroller General, one cers. thousand dollars; for the contingent fund of the Attorney General, 276 STATUTES AT LARGE. D. 1872. one thousand dollars; for the contingent fund of the State Auditor, ~^ fifteen hundred dollars; for the contingent fund of the Adjutant and Inspector General, two thousand dollars; for the contingent fund of the State Superintendent of Education, fifteen hundred dollars; for the contingent fund of the Secretary of State, two thousand dollars; for the contingent fund of the State Librarian, five hundred dollars. The above appropriations to be drawn by the heads each department, respectively. Judiciary Department. Expense SEC. 3. For the purchase of books for the Supreme Court Lidiciary De- brary, one thousand dollars, if so much be necessary, to be drawn partment. on the order of the Chief Justice; for the contingent expenses of the Supreme Court, under Section 7 of an Act ratified the 18th day of September, 1868, five hundred dollars; for an attendant on the library and the rooms of the Supreme Court, eight hundred dollars, to be paid, quarterly, on the warrant of the Chief Justice on the Treasury-the said attendant to be appointed by, and be removable at, the pleasure of said Court; for three Code Commissioners, for salary to May 1, 1872, five thousand two hundred and fifty dollars; and no further amount shall be paid the Code Commissioners after this date; and before which time the Code Commissioners shall make a complete index and reference, and correct all errors il side notes, &c. Ordinary Civil Expenses. Ordinary SEC. 4. For the Civil Contingent Fund, thirty thousand dollarscivil expenses. fifteen thousand dollars thereof, if so much be necessary, shall be applied to the payment of claims now audited and on file, other than nulla bona claims; for the support of the Lunatic Asylun, eighty thousand dollars, to be paid on the warrant of the Comptroller General, on the application of the Board of Regents; for the support of the State Orphan Asylum, fifteen thousand dollars, to be paid in accordance with the law establishing the same; for re-organizing and perfecting the State Militia, fifteen thousand dollars: Provided, That three thousand five hundred dollars be used for the repair of the Armory at Columbia, to be drawn on the warrant of the Comptroller General, on application by the Adjutant and Inspector General; for Quarantine expenses, three thousand dollars; for Keeper of the Lazaretto, four hundred dollars; for repairs and painting of the Lazaretto building, six hundred dollars, to de drawn on the warrant of the Comptroller General, on application by the Port Physician of Charleston; for the Physician of Charleston Jail, OF SOUTH CAROLINA. 277 one thousand dollars; for transportation and clothing of discharged A- D. 1872. convicts, three hundred dollars; for the Catawba Indians, eight hundred dollars; for the payment of the Commissioners, Messengers and Managers of the General Election of 1872, twenty-five thousand dollars, to be paid on the warrant of the Comptroller General. Extraordinary Expenses. SEC. 5. For past dues for construction and for continuing the Appropriaconstruction of the South Carolina Penitentiary, eighty thousand tion for condollars, to be paid on the warrant of the Comptroller General, on Penitentiary. application of the Superintendent. Educational Department. SEC. 6. For the support and maintenance of Free Schools, three Appropriation for mainhundred thousand dollars, in addition to the capitation tax: Pro- tenance of free schools. vided, That the sum of three hundred thousand dollars be appor- f s tioned among the several Counties of the State, in proportion to the number of children between the age of six and sixteen; further, that each County shall be entitled to the amount of the poll tax raised in said County; for the support of the University of South Support of South C(aroliCarolina, twenty-seven thousand eight hundred and fifty dollars; na Univerfor repairs to buildings of South Carolina University, ten thousand sity dollars, to be paid on the warrant of the Comptroller General, on application of the President of the University; for the support of the South Carolina Institution for the Education of the Deaf and Dumb and the Blind, ten thousand dollars, to be paid on the warrant of the Comptroller General, on application of the Chairman and Secretary of the Board of Commissioners of the Deaf and Dumb and the Blind. SEC. 7. That all taxes, assessed and payable under this Act, shall be paid in the following kinds of funds, viz: Bills Receivable of the State, United States currency, National Bank notes, Revenue Bond Scrip, gold or silver coin. Approved March 13, 1872. AN ACT RELATING TO THE FINANCIAL AGENT OF THE STATE OF No. 214 SOUTH CAROLINA, IN THE CITY OF NEW YORK. SECTION 1. Be 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 authority of the same, That the Finan 278 STATUTES AT LARGE A. D. 1872. cial Board of this State is hereby authorized and required forthwith to adjust and settle the claims, demands and accounts, and all or Adjustment any matters of difference relating to the Financial Agent of this alln( settle- rt Aet o t ment of Fl- State, in the city of New York, and to receive any balance which, nancial Agt's' claims. on such adjustment, may be found to be owing to this State by the said Financial Agent, or for which said Financial Agent may be, or become, liable to this State; also, for all property or effects belonging to this State, now in, or which may hereafter come into, the possession of said Financial Agent, or any part or parts thereof; and upon the due payment and satisfaction, on the part of said Financial Agent, of any demand arising on such settleRelease and ment or adjustment, to execute and deliver to him a full release discharge. and discharges for all liability to \this State by reason of any matter or thing done in the course of such Financial Agency. To render That said Financial Board shall render a statement of the setstatemtllett tlement with the Financial Agency to the Comptroller General General. of the State thirty days prior to the meeting of the next General Assembly. SEC. 2. That this Act shall take effect immediately. Approved March 13, 1872. No. 215. AN ACT RELATING TO THE BONDS OF THE STATE OF SOUTH CAROLINA. Preamble. Whereas, bonds or obligations of this State have been issued, from time to time, to a large amount, in accordance, as was supposed by the officers issuing the same, with the authority and provisions of certain Acts of the General Assembly, including "An Act to authorize a loan to redeem the obligations known as the Bills Receivable of the State of South Carolina," approved August 26, 1868; also, "An Act to authorize a State loan to pay interest on the public debt," approved August 26, 1868; also, "An Act to provide for the appointment of a Land Commissioner, and to define his powers and duties," approved March 27, 1869; also, " An Act to amend the last named Act, and for other purposes," approved March 1, 1870; also, " An Act to authorize a loan for the relief of the Treasury," approved February 17, 1869; also, "An Act to provide for the conversion of State securities," approved March 23, 1869; and "An Act to authorize the Financial Agent of the State of South Carolina, in the city of New York, to pledge State bonds as collateral OF SOUTH CAROLINA. 279 security, and for other purposes," approved March 26, 1869; which A. D 1872. said bonds are fully and particularly stated and set forth in a report made by the Treasurer of the State to the General Assembly, dated October 31, 1871; and whereas, doubts have arisen whether said issues were in strict conformity to the provisions of the said several Acts under which they were repectively issued; and whereas, it was the true intent and meaning of the several Acts above set forth that such issues of bonds or obligations should be made in the manner in which the same have been made, as aforesaid; and, whereas, also, doubts have been raised as to the validity of some of the bonds mentioned in the said annual report of the State Treasurer, for the fiscal year ending with October 31, 1871, although money has been borrowed by, or realized out of, said bonds on account of this State; and, whereas the credit of this State has been affected thereby: SECTION 1. Be 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 authority of the same, That the said Bonds named bonds and obligations, issuedon behalf of this State, as mentioned en Tr'easr t and set forth in the report of the Treasurer of this State to the Gen- laue1l is eral Assembly, dated October 31st, 1871, were duly and lawfully issued in conformity with the true intent and meaning of the several Acts of the General Assembly hereinbefore set forth by their respective titles. SEC. 2. That the acts of the officers of this State, authorized un- Acts of State der the provisions of the laws of this State, and of the several Acts ffilcers raoti hereinbefore referred to, to the extent of all issues of bonds or obli- firmed. gations enumerated and set forth in the said report of the Treasurer, be, and are hereby, in all things, ratified, confirmed and established. SEC. 3. That each and all of the bonds named in said annual re- Bonds named in Treasurport of the Treasurer of this State for the fiscal year ending with er'sreport ile October 31st, 1871, be, and the same are hereby declared to be, le- gal and valid. gal and valid bonds of the State of South Carolina, for the payment of which the faith, credit and funds of the State have been, and are hereby, pledged: Provided, That no bonds be included which Proviso. are not registered in the Treasury at the time of the passage of this Act, as provided for by Section 14 of Article IX of the Constitution, relating to finance and taxation. SEC. 4. The Section of each of the Acts under which said bonds Annual tax purport to be issued, which provides for an annual tax to pay the to pay interinterest, is hereby declared to be a part of this Act; and an annual tax, in addition to all other taxes, shall be levied upon the property of the State, sufficient to pay the interest on the bonds named in or provided for, by this Act, until the principal of said bonds shall 280 STATUTES AT LARGE A.D. 1872. become due, such payment to be made in United States currency only. onds to be SEC. 5. Hereafter every bond converted or issued under or in of one description and pursuance of any of the laws of this State, shall be of the descripstyle. tion and style of those heretofore issued under an Act -ntitled "An Act to provide for the conversion of State securities," approved March 23d, 1869, so that all of the bonds of this State shall be of one description and style, as soon as the exchange can be made: Provided, That all bonds of the State of South Carolina converted into stock of said State, and all stock of the State of South Carolina converted into conversion bonds of the State, as provided for in the Act hereinbefore mentioned, approved March 23, 1869, shall be cancelled immediately upon the conversion of the same, and retired from issue or hypothecation. Bonds here- SEC. 6. All bonds heretofore authorized to be issued shall be tofore author-. ized, to be is- issued in pursuance of, and in conformity with, the provisions of sued in conformity with this Act, and shall be converted into bonds, of the style and dethisAct. scription named in the next preceding Section, as speedily as the same can be done. Manner of SEC. 7. That neither the sum or sums realized from any sale or sale not to impair their val- sales of any of the bonds of this State, nor the manner of sale of idity. any of the bonds of this State, shall in any manner affect or impair the validity and obligation thereof. eDuty of Gov SEC. 8. The Governor is hereby authorized and required to sign urerand Sec- all of the bonds named in this Act. The State Treasurer is auretary of State. thorized and required to countersign the same. And the Secretary of State is authorized and required to affix the seal of the State to Proviso. the same without delay: Provided, That no bonds shall be signed by the Governor, or countersigned by the State Treasurer, except for the conversion of bonds or stocks already issued pursuant to law. SEC. 9. Nothing contained in this Act shall authorize the issue or conversion of any bonds of this State other than those named in the report made by the State Treasurer, as specified in the 3d Section of this Act, and such as have been authorized under previous laws of this State. Places of SEC. 10. The Commercial Warehouse Company, in the city of registry' New York, and the Carolina National Bank, in the city of Columbia, South Carolina, are hereby declared to be authorized places for the registering of the bonds, coupons or stocks of the State of South Carolina, and they are authorized, on the passage of this Act, to immediately advertise, in one or two of the principal papers in each of the cities of New York, Columbia and Charleston, to the holders of all the bonds, coupons or stock of the State of South OF SOUTH CAROLINA. 281 Carolina, the necessity of registering their bonds, coupons or stocks A. D. 172. at one of the above authorized places of registry. In the registra- tion of said bonds, coupons or stocks, the number and denomination of each bond, coupon, or certificate of stock, the Act under which it was issued, and the name of the person, association, corporation or firm presenting the same, shall be recorded, and the time and place of registration shall be endorsed upon said bonds, coupons or stocks', so that the same bonds, coupons or stocks may not be presented at more than one place of registration. It shall be the duty of the said Commercial Warehouse Company, in the city of New York, and the Carolina National Bank, in -the city of Columbia, South Carolina, to publish, in the cities of New York, Charleston and Publication Columbia, quarterly statements of the whole amount of bonds, cou- stateents of pons or stocks registered by them, the number, denomination, and bonds registhe Act under which they have been issued. The State Treasurer and the Financial Agent of the State, in the city of New York, shall not pay interest on said bonds or stocks until they have been registered according to the requirements of this Act. SEC. 11. All Acts or parts of Acts contrary to, or inconsistent with, this Act are, for the purposes of this Act, but for no other purpose, hereby repealed. SEC. 12. This Act shall take effect immediately. Approved March 13, 1872. AN ACT TO INCORPORATE THE SOUTH CAROLINA REAL ESTATE, No. 216. PLANTING AND MINING COMPANY. SECTION 1. Be 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 authority of the same, That R. F. Gra- Corporators. ham, Edward Reid, George Kline, H. E. Hayne, B. F. Briggs, S. A. Swails, W. A. Grant, W. B. Nash, Edward Mickey, O. R. Levy, Wm. Elliott, J. A. Bowley, Barney Humphreys, Jordan Lang, C. C. Bowen, Timothy Hurley, T. A. Davis, N. B. Myers, J. B. Bascomb, S. Greene, J. S. Mobley, and their associates, successors and assigns, are hereby created a body politic and corporate, under the name and style of the "South Carolina Real Corporate name. Estate, Planting and Mining Company," for the purpose of securing foreign and domestic capital in the purchase and improvement of Objects of lands and other property, and for the working of the sameorporation. lands and other property, and for the working of the same, and for 282 STATUTES AT LARGE A. D. 1872. selling and settling the same: Provided, however, That the said corporation shall be organized and go into operation within two years from the passage of this Act. Capital stock. SEC. 2. And be it further provided, That the capital stock of said corporation shall be one million of dollars, ($1,000,000,) in shares of one hundred dollars, (;100,) each, with the privilege of increasing the same, from time to time, to the extent necessary for which said company is formed, said increase not to exceed the sum of five millions of dollars, ($5,000,000,) and said increase to be made only at a regular meeting of the said company, upon a vote of two-thirds in amount of the stock for the time being in favor of such increase. eSharestrans. SEC. 3. That the said shares shall be deemed personal property, ferable. and shall be transferable only on the books of the company. May hold SEC. 4. That the said corporation shall have power to purchase, and dispose of property. acquire, hold, use, work and dispose of real estate in any of the Counties of this State, to work and operate mines, to work and operate farms and plantations within the State, and to dispose, generally, of the products of the same. By-laws, &c. SEC. 5. That the said corporation shall also have power to make all by-laws necessary for the disposition of its property, and for the management of its affairs, for the regulation of the term of office of its officers, and prescribing their duties, and to carry out the general objects of the corporation, and the same at pleasure to annul and repeal: Provided, That such by-laws, rules and regulations shall not conflict with any laws of the United States or of the State of South Carolina. SEC. 6. That said corporation shall have power to borrow money by issuing interest bearing bonds, secured by mortgage of its property and franchises, or of any portion of the same; and, for Issue' of this purpose, may issue bonds for sterling, gold coin or currency, bon. payable in London, New York or Charleston, secured by mortgage to trustees for the payment of the said bonds; and, also, may purchase land, for cash or for bond, secured by mortgage, or partly for cash, and partly for bonds and mortgages: ProLiability of vided, That the stockholders of the said corporation shall be liable stockholders. to the amount of their respective share or shares of stock in said corporation for all its debts and liabilities upon note, bill or otherwise. The books and accounts of said corporation shall be open to inspection, under such regulations as may be prescribed by law. Agencies. SEC. 7. That said corporation shall have the power to establish agencies at such place in Europe and America as it may deem desirable for the carrying out of its objects; and may, also, hold OF SOUTH CAROLINA. 283 and purchase the stocks or bonds of any joint stock or incorpo- A. D. 1872. rated companies, and the bonds of private individuals. SEC. 8. That, within the time prescribed for the going into Election of operation of this Act, a meeting of the said company shall be held, at which meeting fifteen Directors shall be elected by the said corporation, which said Directors shall elect from their own number a President and Treasurer; and they shall also elect such other officers and agents as they may deem necessary for effeeting the object of the said corporation; and, annually after the said meeting, the said stockholders shall elect twelve Directors. SEC. 9. The said corporation shall have succession of officers, General powpower to adopt and use a corporate seal, to sue and be sued, to plead and be impleaded, to defend and be defended, in any Court of law or of equity. Szc. 10. This corporation shall have the right to establish wagon Wagon roads. roads to and upon its property, with the privilege of connecting the same with any roads in the State, and shall enjoy all the privileges that are awarded, under the general laws of the State, to any corporation, together with the special'privileges awarded by this charter. Approved March 13, 1872. JOINT RESOLUTIONS. JOINT RESOLUTION TO PROVIDE FOR THE RE-PUBLICATION NO. 1. OF CERTAIN STATUTES OF THIS STATE, AND JOURNALS OF THE GENERAL ASSEMBLY THEREOF. SECTION 1. Be it resolved by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the Repub- tion of vol. lican Printing Company be, and they are hereby, authorized to have X, XI, XI, XIII, XIV, of printed one thousand copies each of Volumes X, XI, XII, XIII the Statutes. and XIV, of the Statutes of this State, said copies to be deposited Place of deposit. in the State Library, subject to proper distribution as public neces- To whose sities or the convenience of State and County officials may dictate. orders subThe Clerk of the Senate and the Clerk of the House of Represen- tatives shall have supervision of said printing. SEC. 2. The cost of the printing herein provided for shall be paid provided for. 284 STATUTES AT LARGE A D. 1872. upon the certificate of the said Clerks of the Senate and of the ~^~ House of Representatives, out of any moneys in the Treasury not otherwise appropriated. Returned to the Senate with objections of His Excellency the Goverhor, November 29, 1871. IN THE SENATE, COLUMBIA, S. C., December 9, 1871. On the question, "Shall this Joint Resolution become a law; the objections of His Excellency the Governor to the contrary notwithstanding?" the yeas.and nays were ordered, the Joint Resolution passed by a viva voce vote of yeas, 15; nays, 5; and ordered to be sent to the House of Representatives. By order: J. WOODRUFF, Clerk of Senate. IN THE HOUSE OF REPRESENTATIVES, December 11, 1871. On the question, "Shall this Joint Resolution become a law, the objections of His Excellency the Governor to the contrary notwithstanding?" the yeas and nays were ordered, and the Joint Resolution passed by a viva voce vote of yeas, 63; nays, 29; and become a law, in accordance with Section 22, Article III, of the Constitution, and ordered to be returned to the Senate. By order: A. O. JONES, Clerk of the House of Representatives. No. 2. JOINT RESOLUTION To REQUIRE THE GOVERNOR TO COMMUNICATE WITH THE PROPER AUTHORITIES OF THE STATE OF GEORGIA, WITH A VIEW TO A RE-ADJUSTMENT OF THE BOUNDARY LINE BETWEEN THE STATES OF GEORGIA AND SOUTH CAROLINA, AND AUTHORIZING THE APPOINTMENT OF THREE COMMISSIONERS. Whereas the actton had by the Commissioners of the conference OF SOUTH CAROLINA. 285 between the States of South Carolina and Georgia, on the 24th day A. D 1872. of April, A. D. 1787, in the town of Beaufort, in the State of South ion o Action of Carolina, is, for many reasons, unsatisfactory, prominent among the conferwhich may be mentioned the ambiguity of the first Article, the South Caromanifest error in third Article, to wit, "the State of South Caro- gia unsatisfactory lina shall not hereafter claim any lands to the eastward, southward, Ambiguity of flrst, and. south-westward or west of the boundary above established;" and error in third Article. whereas the citizens of South Carolina have no rights of fishing in Rights of the Savannah River, or using or drawing off the waters of said watert of Savannah river for the purposes of navigation or manufacturing; therefore, River denied. SECTION 1. Be it resolved by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the Governor Governor to of this State be, and he is hereby, required to communicate with with Outborithe proper authorities of the State of Georgia, with a view to a re- gia. adjustment of the boundary line between the States of Georgia and South Carolina; and that, whenever the Governor of the State of Georgia shall have indicated to him its willingness for a re-adjustment, that he be, and is hereby, further authorized and required to thle Cpoin appoint three Commissioners, on the part of the State, to effect fomisonrs said re-adjustment; and said Commissioners shall be paid the same pose. per diem and mileage as members of the General Assembly; and ment Pa the Treasurer of the State is hereby authorized to pay the same out ded for. of any funds in the Treasury not otherwise appropriated. SEC. 2. That the said Commissioners shall have power to arrange Actsionof Commissionand finally determine the line between said States; and their action es bindiong on State of in the matter shall be binding upon the State of South Carolina. 1outa CaroApproved January 8, 1872. JOINT RESOLUTION AUTHORIZING J. A. MAYES, EXECUTOR No. 8. OF THE ESTATE OF JAMES MCBRIDE, DECEASED, TO SELL CERTAIN LANDS, AND APPrLY THE PROCEEDS THEREOF TO THE EDUCATION OF THE MINOR HEIRS. SECTION 1. Be it resolved by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That J. A. Mayes, 286 STATUTES AT LARGE A.D. 1 72. executor of the estate of J. McBride, deceased, be, and is hereby, authorized and empowered to sell, at private or public sale, as he J. A. Mayes may deem best, certain timber lands, belonging to said estate, and authorized to make and give deeds of conveyance for the same. sell certbin to lands add SEC. 2. That the money or moneys accruing from the sale of said give deeds y for same. lands shall be used for the support and education of the minor chilDisposition dren of the said James McBride,, or so much thereof as may be neof moneys arising from cessary, and if there be any amount remaining unexpended when such sale. such children shall have attained their majority, the same shall be Unexpended disposed of according to law, or the will of the said James McBride, balance-how to be dispos- as the case may be. ed of. SEC. 3. That the said J. A. Mayes shall deposit with the Judge of the Probate Court a bond sufficient to cover the amount of said Fund to be sale, before the money accruing therefrom shall be turned over to deposited with Probate him, for the faithful disbursement of the same according to the proJudge. visions of this resolution. Approved January 31, 1872. No. 4. JOINT RESOLUTION AUTHORIZING THE STATE TREASURER TO RE-ISSUE CERTIFICATE OF STATE STOCK TO R. S. PORCHER. Be it resolved by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, tifi and by the authority of the same, That the State Treasurer be, and Certificate re-issued to he is hereby, authorized to re-issue to R. S. Porcher, or his assignee, R. S. Porcher. agent or attorney, certificate of State Stock No. 186, for fifty (50) dollars, issued under Act ratified September 21, A. D. 1866, and supplemental Act, ratified December 21, A. D. 1866, in lieu of the original, which has been lost or mislaid: Provided, That he gives a bond of indemnity to the State for double the value of the certificate issued. Approved January 31, 1872. OF SOUTH CAROLINA. 287 JOINT RESOLUTION TO CHANGE THE NAME OF SAMUEL Do- A.D. 1872. GEN, COLUMBUS DOGEN AND SIMON DOGEN, TO SAMUEL FARNo. 5. ROW, COLUMBUS FARROW AND SIMON FARROW. N Be it resolved by the Senate and House of Representative's of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the names of Samuel Dogen, of Newberry County, and Columbus Dogen and Simon Dogen, of Union County, be changed to Samuel Farrow, Columbus Farrow and Simon Farrow, and that hereafter the said Samuel Dogen, Columbus Dogen and Simon Dogen shall be known and called Samuel Farrow, Columbus Farrow and Simon Farrow. Approved February 15,1872. JOINT RESOLUTION AUTHORIZING THE STATE TREASURER No. 6. TO PURCHASE A SET OF FIRE AND BURGLAR-PROOF DOORS FOR THE VAULT IN HIS OFFICE. Be it resolved by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the State Treasurer be, and Fire and burglar- proof he is hereby, authorized to purchase a set of fire and burglar-proof doors for doors for the vault in his office, at a cost not to exceed fifteen hun- office. dred dollars, and to be paid for out of any moneys in the Treasury not otherwise appropriated. Approved February 27, 1872. JOINT RESOLUTION TO RELIEVE THE LATE COUNTY TREAS- No. 7. URER OF YORK COUNTY, E. M. ROSE, AND HIS BONDSMEN. Be it resolved by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That Edward M. Rose, late County Treasurer of York County, and his bondsmen, Wm. E. Rose, James Windsor and J. Bondsmen L. Watson, be relieved from all responsibility as Treasurer and relieved. bondsmen in York County until date, in consequence of a raid made on that office and officer by the Ku Klux Klan, on the 26th day of February, 1871. Approved March 4, 1872. 288 STATUTES AT LARGE A. D. 1872. JOINT RESOLUTION TO RELIEVE R. VAMPILL, TREASURER N. 8. OF MARION COUNTY, OF UNCOLLECTED TAXES FOR THE YEAR No. 8. 1 1868. Whereas the books and papers of the Treasurer, R. Vampill, of Marion County, were destroyed by fire on the 28th day of February, 1870, at the town of Marion; and whereas he has no record left of the parties delinquent; therefore, SECTION 1. Be it resolved by the Senate and House of RepresenR. Vampill released from tatives-of the State of South Carolina, now met and sitting in Gencollection of eral Assembl, and bthe a of the same, That R. Vamcertain taxes., b a T t a pill, County Treasurer of Marion, be, and is hereby, relieved from responsibility for the uncollected taxes of 1868, in Marion County, amounti )g to $5,664.66, on account of the State, and $3,215.02, on account of the County. The Auditor of State and Treasurer of the State and the County Commissioners of Marion are hereby authorized and directed to give him full acquittance and release therefor. Approved March 4, 1872. No. 9. JOINT RESOLUTION AUTHORIZING THE STATE TREASURER TO PAY THE SALARY OF THE LATE JUDGE PLATT TO HIS WIDOW. Be it resolved by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the State Treasurer be, PTreasurerto and he is hereby, authorized and directed to pay to Mrs. Cornelia pay Judge Platt's salary Platt, widow of the late Zephaniah Platt, Judge of the Second Cirto Mrs. C. P.att. cuit of this State, the amount of salary, as Circuit Judge, which would have accrued to the Judge of the said Circuit, from April 24, 1871, the date of the decease of Judge Platt, to September 9, 1871, the date of the qualification of his successor in office. Approved March 9, 1872. No. 10. JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF SOUTH CAROLINA. Preamble. Whereas, the Constitution of South Carolina, in Article II, Sec OF SOUTH CAROLINA. 289 tion 11, requires a general election to be held on the third Wednes- A. D. 1872. day in October, in every second year after eighteen hundred and seventy; andf whereas, once in every four years an election is required for Presidential Electors, which takes place the first Tuesday after the first Monday in November; and, whereas, the people of this State are, by these two elections following so closely upon each other, greatly annoyed and inconvenienced, and the industrial interests of the State as greatly disturbed and imperilled; therefore, Be it resolved by the Senate and House of Representatives of the Amendment to be submitState of South Carolina, now met and sitting in General Assembly, ted to qualiand by the authority of the same, That the following amendment f v to the Constitution of the State be submitted to the qualified electors of the State, at the next general election; and, if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote in favor of such amendment, and twothirds of each branch of the next General Assembly shall, after such election, and before another, ratify the same amendment, by yeas and nays, it shall be part of the Constitution, to wit: Strike out all of that portion of Section 11, of Article II, following the words "eighteen hundred and seventy," occurring in the fourth Timeofholdand fifth lines, and insert the following: "And forever thereafter, ing general elections. on the first Tuesday following the first Monday in November, in every second year, in such manner and at such places as the Legislature may provide." That the question of adopting this amendment shall be submitted to the electors as follows: Those in favor of the amendment shall voting for amendment. deposit a ballot, with the following words written or printed thereon, " Constitutional Amendment-Yes." Those opposed to said amendment shall cast a ballot, with the following words written or printed thereon, "Constitutional Amendment —No." Approved March 9, 1872. JOINT RESOLUTION AUTHORIZING THE COUNTY COMMIS- No. 11. SIONERS OF WILLIAMSBURG COUNTY TO LEVY A SPECIAL TAX. Be it resolved by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That, in addition to the tax heretofore authorized to be levied, the County Commissioners of Wil- Three mills liamsburg County are hereby authorized to levy, and cause to be building jail. collected, a special tax of 2 mills on a dollar, the same to be used 19 290 STATUTES AT LARGE A. D 1872. exclusively for the purpose of rebuilding the jail in the said County. Approved March 9,1872. No. 12. JOINT RESOLUTION AUTHORIZING THE STATE TREASURER TO PAY TO THE WIDOW OF SOMERFIELD MONTGOMERY Two HUNDRED AND FIFTY DOLLARS. Whereas Somerfield Montgomery, late Auditor of Newberry County, died during the last quarter of the fiscal year, and, the salary of such Auditor being unpaid, therefore, Be it resolved by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the State Treasurer is Treasurer to pay S. Mont. hereby authorized and required to pay to the widow of Somerfield amry' to his Montgomery the salary of such Auditor for the last quarter of the widow. fiscal year, amounting to two hundred and fifty dollars; and that her receipt shall be full and sufficient voucher for the payment of said sum. Approved March 9, 1872. no. 13. JOINT RESOLUTION TO PROVIDE FOR THE PAYMENT OF CERTIFICATES ISSUED BY THE GENERAL ASSEMBLY. Be it resolved by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the State Treasurer ay all certifi- is hereby authorized and required to pay the certificates of the betes aof mem members and subordinates of the General Assembly, issued by the tachees of th Clerks of both Houses, and bearing the signatures of the President General As - Houses, bearin seml)ly. of the Senate and Speaker of the House of Representatives, in United States currency, gold or silver coin only. And he is hereby authorized to borrow, on the faith and credit of the State, a sufficient amount to cancel the said certificates. Approved March 12, 1872. OF SOUTH CAROLINA. 291 JOINT RESOLUTION TO AUTHORIZE THE PAYMENT OF COM- A- D. 1872. MISSIONERS AND MANAGERS OF ELECTIONS AT SPECIAL ELECNo. 14. TIONS DURING THE YEAR EIGHTEEN HUNDRED AND SEVENTYONE. Be it resolved by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the State Auditor is hereby Pment f authorized and required to audit the accounts of the Commissioners accounts of Commissionand Managers of Elections at special elections held during the year ers and Managers of Eleceighteen hundred and seventy-one, in any of the Counties of this tions. State, and thereupon the State Treasurer is hereby authorized and required to pay the same out of any unexpended balance of the appropriation made by Section 4 of the Act of March 7, 1871, entitled "An Act to make appropriation and raise supplies for the fiscal year commencing November 1, 1870," "for deficiency for payment of Commissioners and Managers of Elections, ten thousand dollars." Approved March 12, 1872. JOINT RESOLUTION TO AUTHORIZE AND DIRECT THE COMP- No. 15. TROLLER GENERAL TO DRAW WARRANT, IN FAVOR OF C. WERNER, ON THE STATE TREASURER, WHEN CERTAIN REQUIREMENTS ARE FULFILLED. Whereas a Joint Resolution was passed in 1856, appropriating Preamble. five thousand dollars towards purchasing the cast iron Palmetto Tree for a monoiment to the dead of the Palmetto Regiment; and, whereas, on the 20th of December, 1858, another appropriation of one thousand dollars more, as -additional compensation, was passed; and, whereas, Mr. C. Werner was only paid four thousand dollars: Be it resolved by the Senate and House of Representatives of the Treasurer to State of South Carolina, now met and sitting in General Assembly pay c Werner $2,000, on cer. and by the authority of the same, That the Comptroller General tai' condibe authorized, and is hereby directed, to draw his warrant on the tn State Treasurer, to the amount of two thousand dollars, in favor of C. Werner: Provided, Mr. Werner makes alterations on the panels, as directed by the Commissioner of the State House, as reported by the Committee on the State House, on the 20th of December, 1858. The State Treasurer is hereby authorized and directed to 292 STATUTES AT LARGE A. D. 1872. pay upon the order of the said Comptroller General, out of any moneys in the Treasury not otherwise appropriated. Approved March 12, 1872. No. 16. JOINT RESOLUTION AUTHORIZING THE STATE TREASURER TO PAY TO L. S. LANGLEY, IATE SCHOOL COMMISSIONER OF BEAUFORT COUNTY, THE SUM OF ONE HUNDRED AND THIRTYTWO DOLLARS, ($132.) Be it resolved by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General AsTreasurer to sembly, and by the authority of the same, That the State Treasuey 132. ng- rer be, and he is hereby, authorized and required to pay to L. S. Langley, late School Commissioner of Beaufort County, the sum of ($132) one hundred and thirty-two dollars, the same being the amount he advanced on text books, for the use of Free Common Schools in the County aforesaid, out of any funds not otherwise appropriated. Approved March 13, 1872. No. 17. JOINT RESOLUTION TO GRANT A SECTION OF LAND, IN LAN CASTER COUNTY, TO THE WIDOW AND MINOR CHILDREN OF ISAAC COWLES. Preamble. Whereas Isaac Cowles, a citizen of the County of Lancaster, and State of South Carolina, did enter upon a section of sixty acres of the land of the State, purchased by the Land Commission, and did proceed to acquire a title to the same, by actual settlement and cultivation, and on the terms provided by law; and whereas Ihe said Isaac Cowles was taken from his house, on or about the 25th day of April, 1871, by a band of disguised and armed men, and, while in the peace of the State, was, by them, brutally murdered because of his political opinions, and because he had dared to exercise his civil rights as a loyal citizen of the United States; and whereas the said murder was in pursuance of a system of organized violence, designed to suppress free speech and a free ballot among loyal citizens of the Stater; and whereas the said Isaac Cowles left a widow and OF SOUTH CAROLINA. 293 three minor children, now living and destitute, on said land, and A. D. 1872. have no means to make payment for the same; therefore, Be it resolved by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the Secretary of State be, stterettary o and he is hereby, directed to issue a title to the widow and minor title. children of Isaac Cowles for the section of State land in the County of Lancaster, located and settled upon by the said Isaac Cowles. Approved March 13, 1872. JOINT RESOLUTION TO AUTHORIZE THE COUNTY COMMIS- No. 18. SIONERS OF ABBEVILLE COUNTY TO LEVY AND COLLECT AN ADDITIONAL TAX OF TWO MILLS UPON THE DOLLAR. Be it resolved by the Senate and House of Representatives of the State' of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the County Commissioners of Stpeial tax of Abbeville County be, and they are hereby, authorized and di- tOt reuld rected to levy and collect a special tax of. two mills upon the dollar on the taxable property of the said County; said tax to be devoted exclusively to the rebuilding of the Court House lately destroyed by fire. Approved March 13,1872. JOINT RESOLUTION AUTHORIZING AND DIRECTING THE STATE No. 19. AUDITOR AND COUNTY COMMISSIONERS TO LEVY CERTAIN TAXES. Be it resolved by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the State Auditor be, and Six millta. he is hereby, authorized and directed to levy, and cause to be collected, a tax of six (6) mills on a dollar of all taxable property in the State, to meet appropriations for the fiscal year commencing November 1st, 1871; that the State Auditor is hereby authorized 294 STATUTES AT LARGE A. D. 1872. and required to levy, in addition to the general State levy, a tax of Twomills two mills on all the taxable property in the State, for the support tax. of public schools, which shall be collected at the same time the general State levy is collected, and paid into the Treasury of the State. The same shall be the State School Fund, and shall be kept by the State Treasurer separate and apart from all other funds in his possession, and shall, under no circumstances, be used for other than school purposes. And the County Commissioners of each of the Counties are hereby authorized to levy and cause to be collected, a tax not exceeding three mills on a dollar of all taxable property in their respective Counties, except the County of Fairfield, in which the County Commissioners shall not levy a tax of more than one and one-half (21) mills for the fiscal year commencing November 1st, 1871. Approved March 13, 1872. No. 20. JOINT RESOLUTION AUTHORIZING THE STATE TREASURER TO RE-ISSUE TO M. E. CARRERE, M. D., AND W. M. WILSON, EXECUTORS OF SAMUEL WILSON, DECEASED, CERTAIN CERTIFICATES OF STATE STOCK. Preamble. Whereas it appears by the books of the State Treasurer that there has been duly issued certain certificates of State stock, to the amount of three thousand five hundred and sixty-six dollars and sixty-seven cents, ($3,566.67,) to Samuel Wilson, deceased; and whereas said certificates coming into the hands of said M. E. Carrere, M. D., and W. M. Wilson, as executors as aforesaid of Samuel Wilson, were lost or destroyed at the burning of Columbia, in February, 1865; therefore, Be it resolved by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the State Treasurer be, Re-issue of stock to M. E. and he is hereby, authorized to re-issue to said M. E. Carrere, M. D., Cairerie nd and W. M. Wilson, executors as aforesaid of Samuel Wilson, de%V M. Wilson. ceased, certificates of stock, of the same amount, payable at the same time, and bearing the same rate of interest as those lost or destroyed; that the said M. E. Carrere, M. D., and W. M. Wilson, executors as'artied aforesaid of Samuel Wilson, deceased, be, and they are hereby, reuire to deposit ith the State Treasurer a bond legally executed quired to deposit with the State Treasurer a bond legally executed OF SOUTH CAROLINA. 295 in the penal sum of seven thousand one hundred and thirty-three A D. 1872 dollars and thirty-four cents, ($7,133.34,) to indemnify the State against loss. Approved March 13, 1872. JOINT RESOLUTION AUTHORIZING THE COUNTY SCHOOL NO. 21. COMMISSIONER OF UNION COUNTY, S. C., TO APPROVE CERTAIN CLAIMS OF TEACHERS. Be it resolved by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the County School Commissioner of Union County, S. C., be, and the same is hereby, School Coinauthorized to approve for payment, out of the school fund of said missioner to County, the claims of teachers of Union County, for services ren- claims. dered between the frst of January, 1871, and the time when he was appointed to fill the vacancy:in said office: Provided, That, in his judgment, said claims are just, true and correct, and actually due. Approved March 13,1872. JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CON- No. 22. STITUTION OF THE STATE OF SOUTH CAROLINA. Be it resolved by the Senate and House of Representatives of the State of South Carolina, (two-thirds of both Houses concurring,) That the following Article be submitted to the qualified electors of Proposing the State, at the next general election for Representatives, as an ameCnodnnti amendment to the Constitution of the State, which, if a majority of tion. the electors qualified to vote for members of the General Assembly, voting thereon, shall vote in favor of such amendment, and twothirds of each branch of the next General shall, after such an, election, and before another, ratify the same, shall become part of the Constitution, namely: ARTICLE XVI. To the end that the public debt of South Carolina may not here 296 STATUTES AT LARGE A. D. 1872 after be increased without the due consideration and free consent of debt to the people of the State, the General Assembly is hereby forbidden be created ex- to create any further debt or obligation, either by the loan of the cept by twothirds vote of credit of the State, by guaranty, endorsement or otherwise, except for the ordinary and current business of the State, without first submitting the question as to the creation of any such new debt, guaranty, endorsement or loan of its credit, to the people of this State, at a general State election; and, unless two-thirds of the qualified voters of this State, voting on the question, shall be in favor of a further debt, guaranty, endorsement or loan of its credit, none such shall be created or made. ar f That the question of adopting this amendment shall be subManner of voting for the mitted to the electors as follows: Those in favor of the amendment mendment. shall deposit a ballot, with the following words written or printed thereon: " Constitutional Amendment, Article XVI-Yes." Those opposed to the amendment shall cast a ballot, with the following words written or printed thereon: " Constitutional Amendment, Article XVI-No." Approved March 13,1872. INDEX TO ACTS AND JOINT RESOLUTIONS, INDEX TO ACTS AND JOINT RESOLUTIONS. A. PAGE Abbeville Agricultural Society, incorporated.............................. 229 County Commissioners of, to levy a special tax............... 293 Abrams, Lee, et. al., names changed to Ferguson......................... 72 Academical Society, Bennettsville, charter renewed..................... 66 Sumter, incorporated................................. 193 Academy, Pendleton Male, charter renewed............................... 46 Wallingford Church and, incorporated........................ 48 Walterboro Male, incorporated................................. 29 Adams Run Railroad Company, Big Bay and, chartered............... 169 Adultery, divorce on ground of............................................. 30 Advances for agricultural purposes, Act to receive, amended........... 169 Agent, Financial, settlement of claims of................................... 277 Agricultural College and Mechanics' Institute, South Carolina, incorporated.......................................... 172 purposes, advances fcr, Act amended....................... 169 Society, Abbeville, incorporated........................... 229 Statistics, Bureau of, abolished............................. 34 Aiken County, providing for payment of certain debts of............... 119 entitled to four Representatives............................. 162 Light Infantry, incorporated......................................... 123 Merchants' Building Trust and Loan Association of; incorporated..................................................... 209 Railroad Company, Spartanburg and, incorporated............. 176 Savings' Bank of, incorporated....................................... 266 Aldermen of Columbia, Mayor and, may issue bonds..................... 220 Aliens may hold property.................................................... 73 Amendment to Constitution, proposing an, changing time of election, 289 Amendment to Constitution, proposing an, prohibiting creation of new debt.............................................................. 295 American Union Literary Debating Club, incorporated................. 265 Anderson County, town of Belton in, incorporated.............. 24 Honea Path in, charter amended.......... 16 Townville in, incorporated.................. 260 Farmers' and Mechanics' Association of, incorporated...... 107 States Savings and Insurance Bank of, incorporated........ 67 Animals, useful, protection and preservation of........................... 160 4 INDEX TO ACTS AND JOINT RESOLUTIONS. PAGE Antioch, Church of, incorporated............................................. 274 Apothecaries, license and registration of.................................... 212 Apportionment, speedy, of free school appropriations................... 64 Appraisers of Homestead, appointment and duties of................... 229 compensation.................................... 232 Appropriation, deficiency in, for free schools, supplied.................. 233 speedy apportionment of, for free schools............... 64 for fiscal year 1871-'72..................................... 276 payment of General Assembly (1).................. 1 payment of General Assembly (2)................. 35 payment of General Assembly (3).................. 87 Arms, authorizing Governor to purchase 2000 stands of, repealed... 36 Artificial Stone and Cement Company, Columbia, incorporated...... 156 Asheville Railroad Compaany, Laurens and, incorporated............. 269 Assessment and taxation of property, Act amended..................... 163 Assistant Adjutant General, office of, abolished........................... 33 Association, Anderson Farmers' and Mechanics, incorporated......... 107 Brotherly, of Charleston, incorporated................... 63 Charleston Loan, incorporated............................... 166 Citizens' Building and Loan, incorporated................. 248 Darlington Land and Joint Stock and Loan, incorporated........................................... 240 Enterprise, of Charleston, incorporated..................... 34 Mechanics' and Farmers' Building and Loan, of Richland County, incorporated............................... 39 Merchants' Building, Trust and Loan, of Aiken, incorrated...................................................... 209 Orangeburg County Fair, incorporated..................... 157 Relief Loan, of Charleston, charter renewed................ 32 amended............... 239 Sumter Land Joint Stock and Loan, incorporated........ 227 Asylum, Lunatic, imbeciles to be removed from.......................... 67 Keepers and employees of, exempt from certain duties.................................................. 232 Orphan, Joint Stock Company, for benefit of, incorporated.. 103 Auditor, County, to sell forfeited lands...................................... 164 to issue licenses............................................. 202 Auditor, State, office of, abolished after next election..................... 189 and County Commissioners to levy certain taxes...... 293 Augusta Air Line Railroad, Raleigh, Columbia and, incorporated... 108 Greenwood and, Railroad Company, chartered............... 216 B. Bank, Carolina National, of Columbia, Bonds of South Carolina to be registered at..................................................... 280 INDEX TO ACTS AND JOINT RESOLUTIONS. 5 PAGE Red, Manufacturing Company, incorporated..................... 116 Savings, of Aiken, incorporated..................................... 266 State Savings and Insurance, of Anderson, incorporated..... 67 Union Savings, of Columbia, chartered............................. 254 Union Savings, of Georgetown, incorporated.................... 140 Baptist Church, Bethel Grove, incorporated............................. 274 Damascus, incorporated.............................. 189 Gethsemane, incorporated......................... 257 Prospect, incorporated.................................... 273 Reedy River, incorporated.............................. 184 Springfield, incorporated................................ 65 Union, incorporated....................................... 240 Zion, incorporated........................................ 226 Barnwell County, entitled to four Representatives........................ 162 Commissioners of, to establish public road from Binaker's Bridge............. 65 to build jail at Blackville...... 50 and Orangeburg, road in, established................. 38 Beacons, buoys and, protection of........................................... 233 Beaufort Horse Railroad Company, incorporated......................... 152 Manufacturing and Improvement Company, incorporated.. 113 River, Big Horse Ferry, over, chartered....................... 119 Regulating Pilotage at port of................................... 53 town of, charter amended....................................... 136 Belton, town of, incorporated.................................................. 24 Bennettsville Academical Society, charter renewed.................... 66 Big Bay and Adams' Run (narrow gauge) Railroad Company incorporated................................................................... 169 Big House Ferry, over Beaufort River, chartered........................ 119 Saltkehatchie Swamp, causeway over, established................... 251 Binaker's Bridge, road leading from, established......................... 65 Blackville, County Commissioners of Barnwell to build jail at...... 50 Blue Ridge Railroad Company, liability of State, for bonds of, relieved................................................................... 79 Board, Financial, to settle claims of Financial Agent.................. 277 Bonds of Blue Ridge Railroad Company, providing for securing and destruction of........................................................ 79 Bonds of South Carolina, relating to..................................... 278 certain declared legal and valid................................... 279 to be of one description and style.................................. 280 places of registry of..................................................... 280 Bond scrip, revenue, issue of, authorized................................... 80 Bondsmen of E. M. Rose relieved.......................................... 287 Bonneau Ferry, Commissioners of Charleston County to place flat at, 53 6 INDEX TO ACTS AND JOINT RESOLUTIONS. PAGE Bridge, Binaker's, road leading from, established........................ 65 over Wateree River, erection of................................... 43 Brotherly Association, of Charleston, incorporated..................... 63 Bruderlicher Bund, Deutscher, incorporated.............................. 112 Building and Loan Association, Citizens', incorporated................. 248 Mechanics' and Farmers', of Richland County, incorporated.. 39 Building, Trust and Loan Association, Merchants', of Aiken, incor-. porated................................................ 209 Bull River and Port Royal Railroad Company, incorporated......... 153 Bund, Deutscher Bruderlicher, incorporated.............................. 112 Buoys and beacons, protection of........................................... 233 Bureau of Agricultural Statistics abolished.............................. 34 Burglar-proof doors, fire and, for State Treasurer's office............... 287 C. Camden Ferry, erection of bridge at....................................... 43 limits of, extended................................................. 97 Railroad Company, Lancaster and, chartered.................. 204 Canal Company, Edisto, Caw Caw and Waites' Creek, incorporated.. 207 Waccamaw and Little River, charter amended..... 178 Canby, General, redemption of lands sold by order of................. 45 Carolina Light Infantry incorporated....................................... 110 National Bank, bonds to be registered at....................... 280 Oil Company incorporated......................................... 51 Carrere, M. E., M. D., State Treasurer to re-issue stock to.............. 294 Causeway over Big Saltkehatchie Swamp established.................... 251 Caw Caw and Waites' Creek Canal Company, Edisto, incorporated.. 207 Cement Company, Columbia Artificial Stone and, incorporated....... 156 Certificates, teachers' and jurors', buying or shaving of, by certain officers, prohibited........................................................ 153 Charleston, Brotherly Association of, incorporated....,................. 63 Carolina Light Infantry of, incorporated.................... 110 Citizens' Building and Loan Association of, incorporated............................................................ 248 Deutscher Bruderlicher Bund of, incorporated.............. 112 Enterprise Association of, incorporated...................... 34 Firemen's Union of, incorporated.............................. 143 Georgetown and Conwayboro Railroad Company, incorporated.................................................. 149 Hook and Ladder Company, No. 3, incorporated......... 115 Hope Steam Fire Engine Company of, charter renewed.. 146 INDEX TO ACTS AND JOINT RESOLUTIONS. 7 PAGE Charleston, Inferior Court for trial of criminal cases in, established.. 187 Joint Stock Company, for benefit of Orphan Asylum, established................................................... 103 Journeymen Mechanics' Union of, incorporated............ 112 Land and Joint Stock Company established................ 258 incorporated............. 191 Loan Association incorporated................................ 166 Loan and Exchange Company, incorporated.............. 263 Marion Lodge, No. 2, I. 0. 0. F., of, charter renewed... 268 Mishaw Light Infantry, of, incorporated..................... 121 Provident Land and Real Estate Company, of, incorporated............................................................ 85 Quarantine at, Act establishing, amended................. 96 Regulating pilotage at port of................................ 53 Relief Loan Association, of, charter renewed............. 32 renewed, charter amended 239 St. Mary's Catholic Church, of, charter renewed........... 238 Saxton Riflemen, of, incorporated.......................... 47 Wallingford Church and Academy, of, incorporated..... 48 Checks to laborers on plantations, regulating issue of.................... 216 Chemical and Soap Company, Huntoon, incorporated.................. 6 Cheraw Fire Engine Company, incorporated.............................. 51 Railroad Company, Little River and, incorporated........... 117 Chesterfield, town of, incorporated.......................................... 36 Children legitimatized by last will and testament..................... 162 Church, Damascus Baptist, incorporated................................... 189 Antioch, incorporated....................................... 274 Bethel Grove, incorporated......................................... 274 Gethsemane Baptist, incorporated.................................. 257 Mount Bethel, incorporated....................................... 273 Zion M. E., incorporated...................................... 88 Nazareth Presbyterian, incorporated.. 122 New Hope and New Bethany, incorporated................ 274 Presbyterian, of Smyrna, incorporated....................... 72 Prospect Baptist, incorporated................................... 273 Reedy River Baptist, incorporated................. 184 Salem Presbyterian, incorporated................................. 267' Springfield Baptist, incorporated............................. 65 St. Andrew's Lutheran, charter renewed...................... 162 St. Mary's Roman Catholic, charter renewed.............. 238 Union Baptist, incorporated..................................... 240 Wallingford and Academy, incorporated................ 48 Wateree Presbyterian, incorporated............................. 267 Zion Baptist, incorporated......................................... 226 8 INDEX TO ACTS AND JOINT RESOLUTIONS. PAGE Circuit Courts, Sections of Code of Procedure in relation to, amended.. 146 Citizens' Building and Loan Association, of Charleston, incorporated................................................................... 248 Clerks of Court, conveyances of real estate to be recorded in office of.. 5 to receive of plaintiff compensation in advance...... 190 may take testimony......................................... 41 fees of....................................................... 41 Club, Columbia Jockey, incorporated...................................... 139 Code of Procedure, Section 279 of, amended............................ 12 Sections 330 and 310 of, amended.............190, 194 sundry Sections of, amended......................... 146 Cokesbury, town of, charter amended...................................... 63 College, Erskine, charter renewed............................................ 155 South Carolina Agricultural, and Mechanics' Institute, incorporated............................................................ 172 Spartanburg Female, incorporated................................ 88 Walhalla Female, incorporated.................................... 84 Columbia Artificial Stone and Cement Company, incorporated....... 156 Raleigh and Augusta Air Line Railroad Company, chartered............................................................ 108 Congregation of Derekh Emeth, of, charter renewed...... 204 Jockey Club, incorporated........................................ 139 Mayor and Aldermen of, to issue bonds....................... 220 Palmetto Fire Engine Company of, charter renewed....... 29 Traction Steam Engine Company of, incorporated.5........ 158 Union Savings Bank of, chartered.............................. 254 Walterboro and Yemassee Railroad Company, charter amended................................................. 70 Zion Baptist Church of, incorporated.......................... 226 Combahee Ferry rechartered............................................ 71 Commercial Fertilizers, regulating manufacture and sale of........... 33 Warehouse Company, bonds of South Carolina to be registered at................................................ 280 Commissioner of Agricultural Statistics, duties of conferred on Secretary of State........................................... 34 Land, duties of conferred on Secretary of State........ 49 relative to fees of..................................... 239 School, of Union, to approve certain claims............ 295 Commissioners, Governor to appoint three to re-adjust boundary line....................................................... 285 of special elections of 1871, payment of provided for......................................................... 291 Pilotage, appointment and duties..................... 53 County, to remove Imbeciles from Lunatic Asylum.. 67 INDEX TO ACTS AND JOINT RESOLUTIONS. 9 PAGE Commissioners, County, powers of in the license and sale of spirituous liquors.............................. 139 State Auditor, and, to levy certain taxes..... 293 of Abbeville to levy special tax................ 293 Barnwell to build a jail at Blackville....... 50 establish a road leading from Binaker's Bridge......... 65 Charleston to place a flat at Bonneau's Ferry....................................... 53 Darlington to levy -special tax............... 120 Kershaw to erect a bridge over Wateree River.................................. 43 Oconee, action of validated.................. 13 Richland to construct a new Court House, 107 Williamsburg to levy a special tax........ 289 Comptroller General, duties of State Auditor conferred upon......... 189 to draw warrant in favor of C. Werner.......... 291 Constitution, proposing amendment to, changing time of election..... 289 prohibiting creation of new debts....................... 295 Construction of public highways, Act amended........................... 215 Conveyances of real estate, time for recording............................ 5 Convicts, regulating labor of, in Penitentiary.............................. 39 Conwayboro Railroad, Charleston, Georgetown and, incorporated.... 149 County of Aiken, payment of certain debts by.......................... 119 Darlington, payment of past indebtedness of................. 120 Commissioners to remove imbeciles from Lunatic Asylum... 67 powers of, in the license and sale of spirituous liquors................................... 139 of Abbeville to levy a special tax.............. 293 Barnwell to construct a jail at Blackville, 50 establish aroad leading frcm Binaker's Bridge.......... 65 Charleston to place a flat at Bonneau Ferry..................................... 53 Kershaw to erect a bridge over Wateree River..................................... 43 Oconee, action of, validated.................. 13 Richland to erect a new Court House...... 107 Williamsburg to levy special tax............ 289 Courts, Circuit, sundry Sections of Code in relation to, amended...... 146 Clerks of, may take testimony....................................... 41 Judges of Probate, may issue executions........................... 23 20 10 INDEX TO ACTS AND JOINT RESOLUTIONS. PAGE Court House, new, in Richland County, erection of...................... 107 Inferior, for trial of criminal cases in Charleston County, established................................................. 187 Cowles, Isaac, section of land granted to widow and children of...... 292 D. Damascus Baptist Church, incorporated.................................... 189 Darlington County, payment of past indebtedness of..................... 120 Land, Joint Stock and Loan Association, incorporated... 240 Davis, Wm. B., adopts and changes name of Wm. N. Martin............ 64 Debating Club, Young Men's Africanus, incorporated.................. 13 Debt, Sterling Funded, Act creating, repealed............................ 193 Deer, penalty for killing, within certain dates............................. 160 Deficiency in appropriation for free school, supplied..................... 233 Derekh Emeth, Congregation of, charter renewed........................ 204 Desertion, divorce on ground of.............................................. 30 Deutscher Bruderlicher Bund, incorporated............................... 112 Divorces, granting of, regulated.............................................. 30 Dock, E. F. English to build a, at Port Royal City..................... 28 Dogen, Samuel, et. al., names changed to Farrow........................ 287 Druggists, license and registration of....................................... 212 Drugs, vending of, regulated.................................................. 212 Due West, Erskine College at, charter renewed........................... 155 E. Edgefield County entitled to five Representatives........................ 162 Edisto, Caw Caw and Waites' Creek Canal Company, incorporated.. 207 Elections, General, Act providing for, amended........................... 170 Special, of 1871, payment of Commissioners and Managers of.................................................................. 291 Engine Company, Traction Steam, incorporated.......................... 158 English, E. F., to build dock at Port Royal City........................ 28 Enterprise Association of Charleston, incorporated....................... 34 Council, Young Men's Free, incorporated..................... 23 Erskine College, charter of, renewed...................... 155 Exchange Company, Charleston Loan, incorporated..................... 263 Executions, Judges of Probate, may issue................................. 23 F. Fair Association, Orangeburg County, incorporated..................... 157 INDEX TO ACTS AND JOINT RESOLUTIONS. 11 PAGE Fairfield County, Ferry in, established.................................... 175 Farmers', Laborers' and Mechanics' Land Company, incorporated... 253 and Mechanics' Association, Anderson, incorporated........ 107 of Richland, incorporated..... 39 Farrow, Samuel, name changed............................................... 287 Fathers empowered to legitimatize certain children...................... 162 Fees of County Auditors for licen ses....................................... 202 Clerks of Court for taking testimony............................ 41 Land Commissioner, relative to..................................... 239 Phosphate Inspector..................................... 106 Pilots, for piloting vessels................................... 58 Sheriffs, for setting off homestead................................. 230 Female College, Spartanburg, incorporated........................ 88 Walhalla, incorporated................................... 84 Ferguson, Charles M., may adopt Lee Abrams et al., and change their names........................................................... 72 Ferry Company, Mount Pleasant, charter modified..................... 253 Sullivan's Island, incorporated.......................... 252 Big House, over Beaufort River, chartered....................... 119 Bonneau, Flat to be placed at................................... 53 Combahee, re-chairtered............................................. 71 in Fairfield County, established.................................. 175 Peay's, charter renewed............................................... 203 Strawberry, charter renewed......................................... 14 Fertilizers, Commercial, manufacture and sale of, regulated.......... 33 Financial Agent, settlement of claims of................................... 277 Board, to adjust and settle claims of Financial Agent...... 278 Fire and Burglar Proof Doors, State Treasurer to purchase........... 287 Engine Company, Cheraw, incorporated.............................. 51 Hope Steam, charter renewed................... 146 Mountaineer, incorporated....................... 12 Palmetto, charter renewed....................... 29 Star, incorporated.................................. 135 Firemen's Union, incorporated................................................ 143 Fish, Migratory, better protection of........................................ 190 Flat at Bonneau's Ferry;................................. 53 Frog Level, Town of, incorporated......................................... 89 Funded Debt, Sterling, Act creating, repealed.......................... 193 G. Gadsden, Union Literary Club of, incorporated......................... 265 Garity, W. C., to establish wharf at Martin's Point..................... 259 12 INDEX TO ACTS AND JOINT RESOLUTIONS. PAGE General Assembly, payment of members (1)............................. 1 payment of members (2).............................. 35 payment of members (3)............................. 87 payment of members (4)............................. 290 regulating pay of members of next................. 216 Assistant Adjutant, office of, abolished........................... 32 Elections, Act providing for, amended......................... 170 Statutes, approved and adopted................................ 37 Georgetown and Conwayboro Railroad, Charleston, incorporated... 149 Pilotage, regulated at port of................................. 53 Quarantine, Act establishing at, amended................. 96 Star Fire Engine Company of, incorporated............... 135 Town of, charter amended..................................... 15 Union Savings Bank of, chartered.......................... 140 Young Men's Free Enterprise Council of, incorporated 23 Georgia, Governor to,communicate with authorities of.................. 285 Gethsemane Baptist Church, incorporated................................. 257 Governor to communicate with authorities of Georgia relative to boundary line...................................................... 285 to appoint Inspector of Phosphates............................ 104 to appoint Trustees South Carolina Agricultural College.. 172 to sign certain bonds............................................... 280 Act authorizing the, to purchase arms, repealed.............. 36 Gowensville Lodge, A. F. M., incorporated............................ 177 Greenville, Mountain Lodge, I. 0. 0. F., of, incorporated.............. 168 Springfield Baptist Church of, incorporated................. 65 Grand Division, Sons of Temperance, incorporated................. 268 Lodge, F. and A. Y. M., incorporated.............................. 144 Greenwood and Augusta Railroad, chartered.............................. 216 Town of, charter amended....................................... 223 Guards, Rivers, of Hamburg, incorporated................................ 186 Scott Rifle, of Sumter, incorporated............................. 28 Willtown National, incorporated.................................. 86 H. Hamburg, Rivers Guards of, incorporated................................. 186 town of, charter amended........................................ 48 Health Officers, report of............................................... 97 Highway Surveyors, office of, abolished..................................... 215 Highways, public, in Richland County, opened.......................... 185 construction and repair of.............................. 215 Hilton Head, quarantine at................................................... 96 INDEX TO ACTS AND JOINT RESOLUTIONS. 13 PAGE Homestead to be set off......................................................... 229 value of.......................................................... 229 of widows and minors.......................................... 231 compensation of appraisers of................................ 232 Honea Path, town of, charter amended.................................... 16 Hook and Ladder Company, No. 3, of Charleston, incorporated...... 115 Hope Steam Fire Engine Company, charter renewed.................... 146 Horse Railroad Company, Beaufort, incorporated........................ 152 House, Ferry, Big, chartered.......................................119 Huntoon Chemical and Soap Company incorporated..................... 6 I. Imbeciles, County Commissioners to remove, from Asylum............ 67 Improvement Companry, Beaufort Manufacturing and, incorporated.. 113 Inspector of Phosphates, appointment of................................... 104 Inferior Court for Charleston County established......................... 187 Infantry, Aiken Light, incorporated........................................ 123 Carolina Light, incorporated.................................... 110 Lincoln Light, incorporated...................................... 206 Mishaw Light, incorporated..................................... 121 Institution, Peoples' Savings, incorporated.............................. 245 Insurance Bank, State Savings and, incorporated........................ 67 J. Jail at Blackville, County Commissioners of Barnwell to build...... 50 Jockey Club, Columbia, incorporated....................................... 139 Joint Stock Company, Charleston, incorporated........................... 103 Land and, incorporated............ 191 Land and, established....... 258 and Loan Association, of Darlington, incorporated............ 240 umter, incorporated 227 South Carolina Real Estate and, incorporated.............................................. 192 Jones, T. J., Tyrrell and Ida Willard made legal heirs of.............. 156 Journeymen Mechanics' Union incorporated............................ 112 Judge of Criminal Court for Charleston, election of..................... 187 Judges of Probate Court may issue executions........................... 23 Judicial and election County, Act establishing, amended............... 162 Jurors. Certificates. buying or shaving of. prohibited'.................... 153 14 INDEX TO ACTS AND JOINT RESOLUTIONS. K. PAGE Keepers of Penitentiary and Lunatic Asylum exempt from certain duties.. 232 duties............................................................... 232 Kershaw County, erection of bridge in, over Wateree River.......... 43 Town of Camden in, charter amended.............. 97 Kingstree, Mt. Zion M. E. Church of, incorporated..................... 88 L. Laborers on plantations, issue of checks to, regulated.................. 216 and Mechanics' Land Company, incorporated................ 253 Lancaster and Camden Railroad Company, chartered................. 204 Riflemen, incorporated...................................... 184 Town of, charter amended........................................ 111 Langley, L. S., State Treasurer to pay $132 to........................... 292 Land, redemption of, sold by General Canby.............................. 45 Commissioner, office of, abolished.................................. 49 relative to fees of.................................... 239 and Joint Stock Company, Charleston, incorporated............ 191 established.............. 258 Provident and Real Estate Company, incorporated............. 85 Laurens and Asheville Railroad Company, incorporated............... 269 Laurensville, village of, charter repealed................................... 259 Law, general license, providing for......................................... 195 Legitimizing certain'children................................................. 183 by last will and testament................ 162 Lewisville, town of, incorporated...................................... 73 Lexington County entitled to two (2) Representatives.................. 162 Red Bank Manufacturing Company, of, incorrated............................................... 116 St. Andrew's Lutheran Church, of, incorporated.. 162 Library, State, Statutes to be deposited in................................ 283 License law, general, provided for............................................ 195 of pharmaceutists, apothecaries nd druggists................. 212 and sale of intoxicating liquors, powers in relation to, conferred on County Comn issioners............................. 139 Light Infantry, Aiken, incorporated................................. 123 Carolina, incorporated.................................... 110 Lincoln, incorporated.................................... 206 Mishaw, incorporated....................................... 121 Lisbon, village of, chartered......................... 250 Rittle River Canal Company, Waccamaw and, charter amended... 178 and Cheraw Railroad Company, chartered................ 117 INDEX TO ACTS AND JOINT RESOLUTIONS. 15 PAGE Little Rock, town of, incorporated........................................... 130 Loan Association, Charleston, incorporated................................ 166 Citizens' Building and, incorporated................. 248 Darlington Land, Joint Stock and, incorporated.. 240 Mechanics' and Farmers' Building and, incorporated......................................... 39 Merchants' Building, Trust and, incorporated...... 209 Relief, charter renewed................................ 32 renewed charter amended..................... 239 Sumter Land, Joint Stock and, incorporated...... 227 and Exchange Company, incorporated.............. 263 Lodge, Grand F. and A. Y. Masons, incorporated........................ 144 Gowensville, A. F. Masons, incorporated......................... 177 Marion, No. 2, I. O. O. F., charter renewed..................... 268 Mountain, I. O. O. F., incorporated................................ 168 Lowndesville, town of, charter amended................................. 234 Lunatic Asylum, imbeciles to be removed from............................ 67 Keepers and employees of, exempt from certain duty.................................................... 232 M. Male Academy, Pendleton, charter renewed............................... 46 Walterboro, charter amended............................. 29 Managers of general elections, when to count the votes.................. 170 special elections of 1871, payment of...................... 291 Manufacture and sale of fertilizers regulated.............................. 33 Manufacturing and Improvement Company, Beaufort, incorporated.. 113 Red Bank Company, incorporated.................. 116 Marion County, Little Rock, in, incorporated............................. 130 Mullins, in, incorporated.................................. 98 Treasurer of, relieved of uncollected taxes........... 288 town of, charter renewed............................................. 203 Lodge, No. 2, I. O. O. F., charter renewed...................... 268 Market House, Town Council of Newberry to erect..................... 95 Martin, Wm. N., name of, changed to Davis.............................. 64 Martin's Point, wharf at, established........................................ 259 Marriages, legalizing certain..........1.................. 83 Masons, Grand Lodge of F. & A. Y., incorporated...................... 144 Gowensville Lodge, A. F......................................... 177 Mayes, J. A., authorized to sell certain land.......................... 285 Mayor and Aldermen of Columbia to issue and sell certain bonds... 220 McBride, J. A., executors of, to sell certain lands....................... 285 16 INDEX TQ ACTS AND JOINT RESOLUTIONS. PAGE McCullough permitted to adopt Jos. A. Stepp............................. 140 Mechanics' and Farmers' Building and Loan Association, of Richland County, incorporated................................................. 39 Mechanics' and Farmers' Building and Loan Association, Anderson, incorporated................................................. 107 Institute, South Carolina Agricultural College and, incorporated.................................................... 172 Land Company, of Orangebnrg, incorporated.............. 253 Union, Journeymen, incorporated............................. 112 Medical Faculty of South Carolina University to "license pharmaceutists and druggists................................................ 212 Members of General Assembly, regulating pay of........................ 216 Merchants' Building, Trust and Loan Association incorporated....... 209 Mesne Conveyance office, conveyances in Charleston County to be recorded in................................................................. 5 Middleton, A., Combahee Ferry vested in................................. 71 Midway, town of, incorporated.................................. 2 Migratory fish, better protection of......................................... 190 Militia, Act organizing the, amended........................................ 32 Millen Railroad, Yemassee and, charter amended........................ 70 Mining Company, South Carolina Planting, Real Estate and, incorporated..................................................................... 281 Mishaw Light Infantry, incorporated..................................... 121 Montgomery, S., State Treasurer to pay salary of, to widow............ 290 Mount Bethel Church, incorporated......................................... 273 Pleasant Ferry Company, charter repealed...................... 253 Town of, charter amended........................ 182 Zion M. E. Church, incorporated.................................. 88 Mountain Lodge, I. O. O. F., incorporated...................... 168 Mountaineer Fire Engine Company, incorporated........................ 12 Mullins, Town of, chartered........................................... 98 N. National Guards, Willtown, incorporated.................................. 86 Nazareth Presbyterian Church, incorporated................... 122 Newberry County, Presbyterian Church of Smyrna, incorporated... 72 Town Council of, to erect Market House...................... 95 New Bethany Church, of Laurens, incorporated................... 274 Hope Church, of Laurens, incorporated............................. 274 Judicial and Election County, Act establishing, amended....... 162 Ninety-six, Town of, incorporated.......................................... 242 Norton, Jos. J., title to lot in Oconee County, confirmed in.......... 13 0. Oconee County, action of County Commissioners of, confirmed........ 13 INDEX TO ACTS AND JOINT RESOLUTIONS. 17 PAGE Office of Agricultural Commissioner abolished............................ 34 Assistant Adjutant General abolished........................... 33 Land Commissioner abolished................................... 49 State Auditor abolished......................................... 189 Oil Company, Carolina, incorporated....................................... 51 Orangeburg County Fair Association, incorporated...................... 157 entitled to five Representatives.................... 162 Farmers', Laborers' and Mechanics' Land Company of, incorporated............................................... 253 and Barnwell, road in, established.......................... 38 road in, declared public..................................... 269 Town of, charter amended................................83, 272 Orphan Asylum, Joint Stock Company, for benefit of, incorporated.. 103 Orphans, Widows and, of persons killed because of opinions, relief of, 206 P. Palmetto Fire Engine Company, charter renewed........................ 29 Pay of Members of General Assembly, regulated........................ 216 Peay's Ferry, over Wateree River, charter renewed...................... 203 Pendleton Male Academy, chartel renewed................................ 46 Town of, charter renewed.............................. 178 Penitentiary, keepers and employees exempt from certain duties...... 232 labor of convicts in, regulated................................ 39 school in, established........................................... 211 Peoples' Savings Institution, incorporated.............................. 245 Pharmaceutists, license and registration of................................. 212 Phosphates, Inspector of, appointment and duties....................... 104 Pickens, town of, charter amended......................................... 116 Pilotage regulated........................................................... 53 Planting and Mining Company, South Carolina, Real Estate, incorporated....................................................................... 281 Platt, Judge, State Treasurer to pay salary of, to widow............... 288 Poisons, drugs and, vending of, regulated................................ 212 Poor Houses,' imbeciles to be removed to................................... 67 Porcher, R. S., State Treasurer to re-issue stock to........................ 286 Port Royal City, E. F. English to build dock at......................... 28 Railroad Company, Bull River and, incorporated......... 153 Spartanburg and, incorporated........ 210 Ports of Charleston, Georgetown and Hilton Head, pilotage regulated at............................................................... 53 Printing Company, Republican, to re-publish certain Statutes........ 283 Presbyterian Church, Nazareth, incorporated............................. 122 Salem, incorporated................................ 267 Smyrna, incorporated.............................. 72 Wateree, incorporated............................. 267 18 INDEX TO ACTS AND JOINT RESOLUTIONS. PAGE Probate Judges may issue executions..................................... 23 Procedure, Code of, Section 279, amended................................. 12 Sections 330 and 310, amended............... 190, 194 sundry Sections of, amended.......................... 146 Property, aliens authorized to hold......................................... 73 assessment and taxation of, Acts amended............. 163 Prospect Baptist Church, incorporated.................................... 273 Provident Land and Real Estate Company, incorporated.......... 85 Public Highway in Richland County, re-opened......................... 185 Act providing for construction of, amended........... 215 road in Barnwell and Orangeburg, established........3.......... 38 Orangeburg County, re-opened............................. 269 Q. Quarantine, Act establishing, amended.......................... 96 Quarter Master General, duties of, devolved on Adjutant and Inspector General............................................ 33 R. Railroad Company, Beaufort Horse, incorporated-....,.................. 152 Big Bay and Adams' Run, (narrow gauge) incorporated......................................... 169 Blue Ridge, liability of State on bonds, relieved 79 Bull River and Port Royal, incorporated......... 153 Charleston, Georgetown and Conwayboro, incorporated.................................... 149 Columbia, Walterboro and Yemassee, charter amended.......................................... 70 Greenwood and Augusta, incorporated............ 216 Lancaster and Camden, chartered................... 204 Laurens and Asheville, incorporated............... 269 Little River and Cheraw, chartered....^........... 117 Raleigh, Columbia and Augusta Air Line, incorporated....................................... 108 Spartanburg and Aiken, incorporated............. 176 Port Royal, incorporated....... 210 Yemassee and Millen, charter amended............ 70 Raleigh, Columbia and Augusta Air Line Railroad Company, incorporated................................................................... 108 Real Estate, conveyances of, recording of.................................. 5 and Joint Stock Company, incorporated.................. 192 Planting and Mining Company, of South Carolina...... 281 Provident Land and Company, incorporated............. 85 INDEX TO ACTS AND JOINT RESOLUTIONS. 19 PAGE Records, School, uniform system of, provided for......................... 186 Red Bank Manufacturing Company, incorporated....................... 116 Redemption of lands sold by General Canby.............................. 45 Reedy River Baptist Church incorporated................................ 184 Referees, appointment of, in obtaining right of way..................... 42 stricken out of Section 310 Code of Procedure................ 194 Register Mesne Conveyance, deeds in Charleston County to be recorded in office of............................... 5 Relief Loan Association, of Charleston, charter revived............... 32 renewed charter amended... 239 of certain widows and orphans provided for..................... 206 Republican Printing Company, to republish certain Statutes........... 283 Revenue Bond Scrip, issue of, provided for............................... 80 Richland County, County Commissioners of, to sell certain lot and erect Court House................................... 107 public highway in, re-opened........................... 185 Ridge Railroad, Blue, Company, liability of State on bonds of, relieved....................................................................... 79 Riflemen, Lancaster, incorporated............................................ 184 Saxton, incorporated........................................... 47 Right of way, manner of obtaining......................................... 42 Rivers Guards, of Hamburg, incorporated............................... 186 Road, public, in Barnwell and Orangeburg Counties, established..... 38 from Binaker's Bridge, established......... 65 Rock Hill, village of, charter renewed.................................... 90 Rocky Mount Ferry, established............................................ 175 Roman Catholic Church, St.'Mary's, charter renewed................. 238 Rose, E. M., Treasurer of York County, bondsmen of, relieved....... 287 S. Saint Andrews' Lutheran Church, charter renewed...................... 162 Salem Presbyterian Church, incorporated.............................. 267 Saltkehatchie Swamp, Big, causeway over established................. 251 Savings Bank of Aiken, incorporated....................................... 266 Columbia, Union, incorporated....................... 254 Georgetown, Union, incorporated...................... 140 Institution, Peoples', incorporated................................ 245 and Insufance Bank of Anderson, incorporated............... 67 Saxton Riflemen, of Charleston, incorporated............................. 47 School in Penitentiary, established......................................... 211 Records, uniform system of, provided for.......................... 186 Schools, deficiency in appropriations for, supplied........................ 233 speedy apportionment of appropriations for..................... 64 Scott Rifle Guards, of Sumter, incorporated............................... 28 20 INDEX TO ACTS AND JOINT RESOLUTIONS. PAGE Scrip, Revenue Bond, issue of, provided for............................... 80 Secretary of State, duties of Commissioner of Agriculture conferred on...................................... 34 Land Commissioner conferred on........ 49 to issue titles to widow of Isaac Cowles............ 292 required to sign certain bonds........................ 280 Shaving of teachers' and jurors' certificates prohibited.................. 153 Sheriffs to receive of plaintiffs compensation in advance................ 190 set off homestead............................................. 232 Smithville, village of, incorporated......................................... 83 Smyrna, Presbyterian Church, incorporated............................... 72 Society, Sumter Academical, incorporated................................ 193 Bennettsville Academical, charter revived...................... 66 Soap Company, Huntoon Chemical and, incorporated................... 6 Sons of Temperance, Grand Division, incorporated...................... 268 South Carolina Agricultural College, incorporated.................. 172 General Statutes of, adopted............................. 37 Real Estate and Joint Stock Company, incorporated.. 192 Planting and Mining Company,, incorporated........ 281 proposing an amendment to Constitution of........... 289 proposing an amendment to Constitution of.......... 295 Spartanburg and Aiken Railroad Company, incorporated.............. 176 Female College, incorporated................................ 88 Nazareth Presbyterian Church, of, incorporated......... 122 and Port Royal Railroad Company, incorporated........ 210 Springfield Baptist Church, incorporated.................................. 65 Star Fire Engine Company, incorporated................................ 135 State Auditor, office of, abolished............................................. 189 to levy certain taxes..........................................293 duties of, in issue of licenses................................ 195 State Treasurer to re-issue stock to R. S. Porcher........................ 286 purchase fire and burglar proof doors for office.... 287 Statistics, Bureau of Agricultural, abolished............................. 34 Statutes, General, adopted...................................................... 37 Volumes, &c., of, to be republished.............................. 283 Steam Engine Company, Traction, incorporated........................ 158 Stepp, Joseph Allen, name changed to McCullough................... 140 Sterling Funded Debt, Act creating, repealed........................... 193 St. Helena, quarantine station established at.............................. 96 St. Mary's Roman Catholic Church, charter renewed.................. 238 Stone and Cement Company, Columbia, incorporated................... 156 Strawberry Ferry, charter renewed.......................................... 14 Streams, penalty for poisoning................................ 161 Sullivan's Island Ferry Company, chartered.......................... 252 INDEX TO ACTS AND JOINT RESOLUTIONS. 21 PAGE Sumter Academicil Society, incorporated................................. 193 Land Joint Stock and Loan Association, incorporated........ 227 Scott Rifle Guards of, incorporated................................. 28 Superintendent of Education to apportion School Funds............... 64 T. Tax, annual, to be used in retiring bond scrip.............................. 81 special, County Commissioners of Abbeville to levy............... 293 Darlington to levy............. 120 Williamsburg to levy......... 289 to pay interest on public debt......................................... 206 for relief of certain widows and orphans............................. 206 Taxation of property, assessment and, Acts providing for, amended.. 163 Taxes, R. Vampill relieved of certain uhcollected........................ 288 State Auditor and County Commissioners to levy certain...... 293 Teachers' pay certificates, shaving or discounting prohibited.......... 153 School Commissioners of Union to approve claims of certain..................................................... 295 Temperance, Sons of, incorporated............................................ 268 Thompson, J. C., permitted to adopt child of Mary Couch and change name................................................ 175 T^wles, F. W. and D. H., to establish wharf at Martin's Point........ 259 Town of Beaufort, charter amended........................................ 136 Belton, incorporated................................................. 24 Camden, limits extended............................................ 97 Chesterfield, incorporated......................................... 36 Cokesbury, charter amended....................................... 63 Frog Level, rechartered............................................. 89 Georgetown, charter amended..................................... 15 Greenwood, charter amended...................................... 223 Hamburg, charter amended............................ 48 Honea Path, charter amended................................... 16 Lancaster, charter amended....................................... 111 Lewisville, incorporated............................................. 73 Lowndesville, charter amended................................. 234 Marion, charter amended.................................. 203 Midway, incorporated.............................................. 2 Mount Pleasant, charter amended.............................. 182 Mullins, incorporated...................................... 98 Ninety-Six incorporated............................................. 242 Orangeburg, charter amended.................... 83, 272 Pendleton, charter amended............................... 178 Pickens, charter amended............................. 116 22 INDEX TO ACTS AND JOINT RESOLUTIONS. PAGE Town of Townville, incorporated............................................. 260 Union, charter amended............................................ 7 Williamston, charter amended................................... 123 Wrightsville, charter amended................................... 16 Traction Steam Engine Company incorporated........................... 158 Treasurer of Marion County relieved of uncollected taxes............ 288 York County relieved........................................... 287 Counties to pay allowance to certain widows and minors....................................................... 206 State to countersign certain bonds.......................... 280 pay L. S. Langley $132............................. 292 widow of Sommerfield Montgomery $250.. 290 Judge Platt salary due him...... 288 re-issue stock to M. E. Carrere.................... 294 R. S. Porcher.................... 286 purchase fire and burglar-proof doors for vault in his office........................ 287 Trial Justices to receive certain compensation of plaintiff in advance................................................. 190 U. Uniform system of school records provided for.......................... 186 Union Baptist Church incorporated........................................ 240 Firemen's, of Charleston, incorporated.......................... 143 Journeymen Mechanics' incorporated.............................. 112 Union Literary Club of Gadsden, incorporated........................... 265 Savings Bank of Columbia, chartered...2.................. 254 Georgetown, chartered............................ 140 School Commissioner of, to approve claims of certain teachers................................................................... 295 Town of, charter amended.................................. 7 Useful Animals, protection and preservation of..........................1 160 V. Vampill, R., Treasurer of Marion, relieved of uncollected taxes...... 288 Vault, State Treasurer to purchase burglar-proof doors, for, in his offi ce................................................................... 287 Village of Laurensville, charter repealed................................... 259 Lisbon chartered..................................... 250 Little Rock, charter renewed.................................... 130 Rock Hill, charter renewed..................................... 90 Smithville, incorporated......................................... 83 Volumes of Statutes, certain, to be re-published........................... 283 INDEX TO ACTS AND JOINT RESOLUTIONS. 23 W. PAGE Waccamaw and Little River Canal Company, charter amended...... 178 Wadmalaw Island, wharf on, established................................... 259 Salem Presbyterian Church of, incorporated...... 267 Waites' Creek Canal Company, Edisto, Caw Caw and, incorporated 207 Walboo Wharf Company, incorporated.................................. 23 Walhalla Female College, chartered................................. 84 Mountaineeer Fire Engine Company of, incorporated...... 12 Wallingford Church and Academy, incorporated...................... 48 Walterboro and Yemassee Railroad Company, Columbia, charter amended.................................................. 70 Male Academy, charter amended.............................. 29 Wateree River Bridge. over, construction of............................. 43 Peay's Ferry, over............................................ 203 Presbyterian Church, incorporated................................. 267 Waring, Mrs. Elizabeth, Strawberry Ferry vested in.................... 14 Werner, C., Comptroller General to draw warrant in favor of......... 291 Way, manner of obtaining right of.......................................... 42 Wharf Company, Walboo, incorporated................................... 23 at Martin's Point, established........................................259 Widows, relief of certain....................................................... 206 Wharfage, E. F. English to collect, at Port Royal City.................. 28 Willard, Tyrrell and Ida, names changed to Jones...................... 156 Williamsburg, County Commissioners of, to levy a special tax........ 289 Williamston, town of, charter renewed..................................... 123 Willtown National Guards, incorporated................................... 86 Wrightsville, town of charter amended..................................... 16 Y. Yemassee Railroad, Columbia, Walterboro and, charter amended.... 70 and Millen Railroad, charter amended........................ 70 York County, Treasurer of, relieved......................................... 287 Village of Rock Hill in, charter renewed............... 90 Young Men's Africanus Debating Club,- incorporated.................. 13 Free Enterprise Council, incorporated..................... 23 Z. Zion Baptist Church, of Columbia, incorporated.......................... 226 Mount, M. E. Church, of Kingstree, incorporated................. 88