L r ACTS OT THE GENERAL ASSEMBLY OF THi STATE OF SOUTH CAROLINA, PASSED IN DECEMBER, 1861. PRINTED BT ORDER OF THE LEGISLATURE, IN CONFORMITY WITH THE STATUTES AT LARGE, AND DKSIONKD TO FORM A FART OF THE THIRTEENTH VOLUME, COMMENCING WITH THE ACTS, OF 1861. i I COLUMBIA, S. C: CHARLES P. PELHAM, STATE PRINTER. 1862. / 1 George Washington Flowers Memorial Collection DUKE UNIVERSITY LIBRARY ESTABLISHED BY THE FAMILY OF COLONEL FLOWERS ACTS l . OF r THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA, PASSED IN DECEMBER, 1861 PRINTED J1Y ORDER OF THE LEGISLATURE, IH CONFORMITY WITH THE STATUTES AT LARGE, AND DESIGNED TO FORM A PART OF THE THIRTEENTH VOLUME, COMMENCING WITH THE ACTS OF 1861. COLUMBIA, S. C. : CHAKLES P. PELHAM, STATE PKINTEK. JS62. finu LIST OF ACTS PASSED AT THE SESSION OF 1861. An Act to raise Supplies for the year commencing in October, one thou- sand eight hundred and sixty-one 1 An Act to make Appropriations for the year commencing in October, one thousand eight hundred and sixty-one 4 An Act to amend and suspend certain portions of the Militia and Patrol Laws to ihi> State '. 11 An Act to afford Aid to the Families of Soldiers !•"> An Act to provide more efficient Police Regulations for the I'istricts on the Sea-Board 1<"> An Act to extend relief to Debtors, and to prevent the sacrifice of Property at public sales 18 An Act to enable Volunteers in the Military Service to exercise the Right of Suffrage 20 An Act to authorize the City Council of Charleston to issue and put in circulation Notes receivable in Taxes or ! >ncs to the Citj 21 An Act to amend an Act eutitled "An Act to provide a Patrol and Military Guard For the < lity of < Iharleston, and for other purposes." 22 An Act to provide for the payment, by the State, of the War Tax of the Confederate States, and for the collection of the same from the tax-payers in this State 23 An Act to authorize the issue of Stock to the amount of one million lit hundred thousand dollars, tor the Military Defence of the State, and for other purposes - 2<> An Act for rebuilding the City of Charleston, after the recenl t on- flagration ".... 28 An Act to incorporate the Insurance and Trust Company of Charleston, and the Calhoun insurance Compan] ">4 An Act in reference to the Suspension of Specie Payments by the Banks of this State, and for other purposes 42 iv LIST OF ACTS. An Act to incorporate the Trenhohn Mutual Insurance Company I 1 1 An Act to charter a Cotton Planters' Loan Association 45 An Act to incorporate the Mutual Fire Insurance Company of Co- lumbia 48 An Act to grant exemption to certain Free Persons of Color who shall return to this State, from Penalties now provided by Law 53 An Act to incorporate the Carolina Insurance Com pan \ 53 An Act to amend an Act entitled " An Act to aid in the construction of the Georgetown Railroad." 57 An Act to incorporate the Palmetto Lyceum of Charleston 59 An Act to incorporate the Southern Express Company 60 Au Act to establish certain Roads, Bridges, and Ferries, and to renew and amend certain Charters heretofore granted 64 An Act tp regulate the Reports of the Railroad Companies, and for other purposes , 05 An Act to authorize the formation of a Volunteer Company of Light Artillery, and to incorporate the same, by the name of the "Waccamaw Light Artillery. " 67 An Act to aid in the Construction of the Barnwell Railroad 68 An Act to incorporate certain Societies, Associations, and Companies, and to renew aud amend the charters of others, and for other purposes 70 An Act to amend an Act entitled " An Act- creating a Military Estab- lishment for the State of South Carolina, and for other purposes." 72 An Act to amend the Charter of the Union Light Infantry Charitable Society and Company 74 An Act to incorporate the Florence and Fayetteville Railroad Company. 75 An Act to incorporate certain Religious and Charitable Societies, and Societies for the Advancement of Education, and to renew aud amend the charters of others, heretofore granted 76 An Act to authorize certain Building and Loan Associations to suspend the call for Monthly Instalments 77. An Act to encourage the Manufacture of Suit withiu this State 78 An Act to amend an Act entitled " An Act to incorporate the Cheraw aud Coal Fields Railroad Company in South, Carolina." ratified on the 21st day of December, A i>. Jxf>7, and for other purposes... 79 An Act to incorporate the York Gas-Light Company 80 An Act to amend au Act entitled "An Act to raise Supplies for the year commencing in October? one thousand eight huudred and sixty," and for other purposes 82 An Act to regulate Elections of Members of the Legislature and others, within the Parishes of St. Philip and St. Michael 83 LIST OF ACTS. v An Act to suspend the ninth section of an Act entitled " An Act to raise Supplies for the year one thousand eight hundred and twenty-three," aud for other purposes 84 An Act to authorize the Hoard of Trustees and Faculty of the Medical College of South Carolina to apply certain funds to the payment of Debt, and for other purposes 85 An Act to require the Circuit Judges to Bend, with their Reports to the Appeal Court, the Notes of Evidence taken on the Trial 85 An Act to alter and amend the second section of an Act entitled "An Act to alter and amend the Law in relation to Fish Sluices on the Catawba and YVateree rivers, and for other purposes." 86 An Act to alter the time of holding the election for Ordinary of Ander- son District 86 An Act to confer the Rights of Legitimacy on a certain child of Mary Mullinax 87 An Act to authorize Trustees to invest Funds in Bonds of the Con- federate States 87 An Act to amend the Law as to the Flection of Officers of the South Carolina College 88 // STATUTES AT LARGE. *»-■ AN ACT to raise Supplies for the year commencing in October, No. 4566. THOUSAND EIGHT HUNDRED AM) slXTV-nNH. I. Br it mm/.,! by the Senate and House of Representatives, now met and sitting in G< neral Assembly, and by the authority of the same, That a tax tor the sums and in the manner hereinafter mentioned, shall be raised and paid into the Treasury of this State, tor the use ami Bervioi I thai : one dollar and thirty cents, ad • n every hundred Land, dollars of the va'ue of all lands grained in this State, according to the existing classification as heretofcre established; one hundred and iwenr six cents per head on all slaves: Provided, That all lands or slaves in this Exemption. State, now in possession or u.-.der the control of tin' enemy, and such "thcr lands nr slaves ;is may be taken bj the enemy before the return of the said property to the Tax Collector, and also such other lands as hall have been abandoned by the owners in consequence of the action of the military authorities, shall be exempt from taxation under this Act ; tl roe dollars on Froe negroas. each free negro, mulatto or mestizo, between the ages of fifteen and fifty years except BUCn a? shall clearly be proved to the satisfaction of the Collector to be incapable, from maims or otherwise, of procuring a liveli- hood, and except those who now are. or have at any time been, in the service of the army of this State or of the Confederate States, in the existing war; twenty-two cents, ad valorem, on every bundled dollars of the value of i-°'« »nd build- all lots, lands and buildings within auy city, town, village or borough in ate : Proiidid, That the tax on lands and buildings in the City of Charleston be assessed on the value of the lands only, where the buildings andlniprovementsnn the land have been destroyed by the late conflagration : Andp That no tax shall be levied on lots, lands and build- ings within any city, town, villagl or borough, in this State which have passed into the po -■ ssion or under the control of the enemy, or which may pass iuto the po^essiou or uuder the control of the enemy before returns STATUTES AT LARGE A. D. 1861. F&CtOfAJ I i- Ml-. omces. &Ci Commissions. Bank capital. Business agents. I .- ;m ,., Branch of the Bank of the State of South Carolina do pay into the Treasury pSS^j. '° Of this State the following sums, to wit : The sum of seventeen thousand five hundred and fourteen dollars and ninety cents, now on deposit in said Branch, and derived from the (^vernment of the United States, as the portion of South Carolina for sales of public lands, received during the administration of Governor Mauuing. Also, the sum of sixteen hundred 4 STATUTES AT LARGE a. D. 1861. and fifty dollars, now on deposit in Baid Branch, and which is the balance ' i ' of bo appropriation fur the benefit of the widows and orphans of the Palmetto regiment. In the Senate House, the I -t flay of December, in the year of our Lord one thousand eight hundred and sixty-one, and in the eighty- sixth year of the sovereignty and independence of the State of South 'Una. WILLIAM L». PORTER, Pretident of tht Senate. JAMES SIMONS, Speaker Ilousr nf 11< presentatives. No. 4567. AN ACT to make Appropriations for the year commencing in October, one thousand eight hundred and sixty-one: I. Br it enacted by the Senate and House of Representatives, now met and Bitting 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 : Executive De- In the Executive Department: For the salary of the Governor, three thou- partment. l "' sand five hundred dollars; for the Private Secretary of the Governor, five hundred dollars ; for the Messenger of the Governor, two hundred and fifty dollars ; fur the Contingent Fund of the Executive Department, ten thousand dollars, to be subject to the draft of the Governor, and to be accounted for annually by him to the Legislature; for the rent of the Governor's house, in Columbia, one thousand dollars ; for the pay of the Special Private Secre- tary of the Governor, for his services during the past year, to be in lull compensation for the same, fifteen hundred dollars ; fur the salary of the Special Private Secretary of the Governor for the present year, fifteen hun- dred dollars. Legislative De- II. In the Legislative Department : For the piy of the Members of the Legislature, and the Attorney General and the Solicitors, during the present session, and of the Committees appointed to inspect the Bank of the State and its branches, twenty thousand dollars, if so much be necessary ; for the pay of the Members of the Legislature at the extra session, five thousand dollars, if so much be necessary; for the salaries of the Clerks of the Senate and Mouse of Representatives, twelve hundred dollars each ; for the salaries of the Assistant Clerks of the Senate and House of Representatives, two hundred and fifty dollars each; for the salaries of the said Clerks aud their parcment. OF SOUTIT CAROLINA. 5 Assistants, an 1 the pay of the Attorney General and Solicitors, at the extra a.D.issi. session of the Legislature, four hundred ami ninety five dollars; for the y salar!e< of two M ami two Doorkeepers, each two hundred and fifty dollars, to be paid at the adjournment of the Legislature; lor the s.dary of the Keep r of the State House and Librarian, seven hundred dollars; for the salaries of the Reading Clerks of the Senate and House of Repre- sentative s. each two hundred and fifty dollars; for the services of the En- grossing Clerks, to he paid under the direct m ol the President of the Senate and of the Speaker of the House oi R presentatives, four hundred and fifty dollars; for the printers ol the Senate ami House of Representa- tives, in pursuance of the contracts made by the Committees of both Housi four thousand dollars, if so much be necessary, for the printing executed by the said printers during the present session of the Legislature, the same to be paid to them as soon as the amounts of the said contracts shall be ascer- tained by the Treasurer of the Upper Division ; for the printer, for printing, in pamphlet form the Acts and Journals of both Houses, Reports and Reso- lutions agreed to. the Governor's Messages, Reports of the President of the Bank and Comptroller General, with the accompanying documents, two thousand live hundred dollars, if so much be necessary : Provided, That the number of copies specified in the proposal of the printers, as accepted by the Legislature, shall be printed and deposited in the office of the Treasurer of the Upper Division before the twentieth day of February next, and the amount to be paid according to the proposals, which shall be ascertained by the Treasurer aforesaid: And further provided, that the printer of Acts and Journals do publish in his newspaper, at Columbia, all the public Acts which my be passed at the present session, within twenty - after the adjournment of the Legislature, and forward by mail, to each mber of the General Assembly, and each of the Judges, a copy of Mich newspaper, as Boon as such paper is issued; for Theodore Starke, for contin- gent during the present session of the Legislature, six hundred dollars, if so much lie accessary . to be accounted for by him at the Treasury, and reported by the Treasurer to the General Assembly; for stationery, fuel, distributing Acts, and expenses of election returns, fourteen hundred dollars, if so n uch be necessary. 111. lu the Judiciary Department: For the salary of the Chief Justice. Judiciary De- three ii usand five hundred dollars; for the salaries of the Judges and Chancellors, three thousand dollars each ; for the salary of the Atf rney sral, eleven hundred dollars; lor the salaries of live Solicitors, nine huu- hundred dollars each; for the i'l;rk of the Court of Appeals, in Columbia, six hundred dollars; for the f the Messenger of said Court, at Columbia, two hundred dollars: Provided, It .-bill be the duty of the said Messenger to summon all members of the Bar who are members of the 5 STATUTES AT LARGE A.D.1861. Legislature, -when their cases may be called for trial; for the salary of the Librarian of the Court of Appeals, in Columbia, two hundred dollars, the to include the expenses of fuel for the Court of Appeals and for the Library ; for the Balary of the Clerk of the Court of Appeals, in Charleston, six hundred dollars ; for the salary of the Messenger of the said Court, in Charleston, two hundred dollars; for the salary of the Librarian of the Court of Appeals, in Charleston, two hundred dollars, to include the expense of fuel for the Court of Appeals and for the Library ; for the salary of the State Reporter, fifteen hundred dollars; and the several appropriations afore- said, for the Clerks. Librarians, Messengers, Reporter, and for the incidental expenses of the Court of Appeals, shall be paid by the Treasurer only upon warrant to be drawn by the presiding Judge of the Court of Appeals, at such times and for such portions as they may deem just and proper; and it shall be the duty of the said Reporter to attend in person, or by deputy, the sittings of the Courts of Appeals and Errors in Columbia and Charleston, and to report such arguments and statements of facts as may be nee to a correct understanding of the decisions of the said Courts : Pro That the Judges of the Court of Appeals ma}-, if they think proper, an- nounce the results of their decisions at certain stated periods, before tiling their opinions : And further provided, That the said Reporter shall publish, in one or more of the newspapers at Columbia, an abstract of the principles decided by the Court of Appeals in its opinions, as soon as practicable after the delivery of the same; for the pay of the Jurors and Constables, twenty- five thousand dollars, if so much be necessary, the certificates to be paid at either Treasury. Treasury De- IV. In the Treasury Department: For the salary of the Comptroller General, two thousand dollars ; for the salary of the Clerk of the Comptroller General, seveu hundred and fifty dollars, the said Clerk to be appointed and removed at the pleasure of the Comptroller General; for the salary of the Treasurer of the Lower Division, and for clerk hire, two thousand dollars ; for the salary of the Treasurer of the Upper Division, and for clerk hire, sixteen hundred dollars; for the Assessor of St. Philip's and St. Michael's, for making out and affixing assessments of each return, one thousand dol- lars ; for the services of the Comptroller General, for copying tax books, two hundred dollars ; for additional compensation to the Treasurer of the Lower Division, for the performance of the additional duties imposed upon him by an Act entitled " An Act to authorize the issue of certificates of stock to provide for the military defence of the State," ratified the twenty-second day of December, in the year of our Lord one thousand eight hundred and sixty, four hundred dollars; for printing and distributing tax returns, seven- teen hundred dollars. partnient. OP SOUTH CAROLINA. Y. For the South Carolina College : For the salary of the President of the College, three thousand dollars; for the salaries of seven Professors of 8outh< J roHlia the College, two thousand lyve hundred dollars each ; for the salary of the Colle g e - Treasurer of the College, five hundred dollars; for the salary of the Librarian of the College, six hundred dollars ; for the -salary of the Secretary of the Board of Trustees, two hundred dollars ; for the salary of the Marshal, five hundred dollars, also, one hundred dollars ($11 rror in the appro- priation of last year; the salaries of the President, Professors, Treasurer and Librarian, to be paid by the Treasurer of the U] per Division, quarterly, in advance, their drafts being oountersigned by the Treasurer of the Coll VI. For the ordinary Civil Expenses: For the payment of the contin- ordinary oivil gent accounts of the Upper Division, sixteen thousaud dollars, if so much e:t P ensca be necessary; for the payment of the contingent accounts of the Lower Division, twenty-five thousand dollars, if so much be neoessary ; for the payment oi pensions and annuities, one thousand dollars, if so much be necessary; for the payment of such claims as shall be admitted by the islature at its present session, ten thousand dollars, if so much he neces- sary; for the support of Free Scl rentj lour thousand lour hundred dollars, if so much be D y, to be di tributed among the several elec- tion districts in the State, in the proportion of six hundred dollars to each representative in the popular branch of the Legislature; for the support of paupers at the Lunatic Asylum, seven hundred dollars, it' so much be neces- sary; for the education of the Deaf and Dumb, and of the Blind, seven md dollars, if so much be necessary, to be. paid to the Commissioners in the same manner as the appropriation heretofore made ; for refunding 1 by the reports of the Committees of Ways and Means and of Finance and Banks, agreed to by the Legislature, one hundred and fifty Ian, if SO much be necessary; for the payment of the interest on one million nine hundred and sixry live thousand dollars of bond i ks, issued for the construction of the New State Capitol, one hundred and seventeen thousand nine hundred dollars; for the payment of the interest on three hundred and ten thousand dollars of the bonds of the State, issued under an Act entitled " An Act to grant aid to the Blue Ridge Bail- road," ratified the twenty-second day of December, in the year of our Lord one thousand eight hundred and fifty-nine, eighteen thousand six hundred dollars; for the payment of the interest on four hundred thousand dollars of bonds of the State, issued for the military defence of the State, twenty- four thousand dollars ; for the payment of the interest on six hundred and enty-five thousand dollars of bonds of the State, issued for the military defence of the State, forty-seven thousand two hundred and fifty dollars; for the payment of the interest on one million eight hundred thousand dol- lars of the bonds and stock authorized to be issued at the present session of 8 STATUTES AT LARGE a. D. 1861. the Legislature, for the military defence of the State, oue hundred and *■— —v - "^ twenty-six thousand dollars. Military cxpen- VII. For Military Expenditures: For thi alaries of the following officers, viz : Adjutant and [nspi aeral, two thou hundred dollars; Arsenal Keeper in Charleston, one thousand dollars; Arsenal Keeper and Powder Receiver at Columbia, at the rate of four hundred dol- lars per annum; Physician of the Jail and Physician of the Magazine Guard at Charleston, each live hundred dollars; and for the support of the Military Academies at Charleston and Columbia, thirty-seven thousand dol- lars, if so much he necessary; and the said Military Academies shall bo under the direction of the Board of Visitors : Provided, That each District shall be entitled to send to said academies a number of beneficiaries equal to its representation in the House of Representatives, or iu that proportion, as far as the appropriation for the school may allow ; for the salary of the Clerk of the Adjutant and Inspector General, seven hundred and twenty dollars ; for defraying the expenses of artillery companies and corps of pioneers belonging to the regiment of artillery in Charleston : Provided, That the corps of pioneers shall receive fifty dollars, and no more, and to be drawn in the same way as now provided bylaw for artillery eompani twenty-five hundred dollars, if so much be necessary, to be drawn and applied in the manner prescribed by the Act in relation to that subject; for the services of the Secretary of State during the current year, for all services in issuing all military commissions, and in lieu of any charge against the State for commissions of civil officers, eight hundred dollars, to be paid as other salaries directed to be paid by law ; for the salary of the Ordnance Officer, three thousand dollars ; for the salary of the Clerk of the Ordnance Officer, one thousand dollars, if so much be necessary, to be paid upon the draft of the said Ordnance Officer, said salaries to be paid quarterly; to defray the expenses attendant upon the military defence of the State, cne million eight hundred thousand dollars, to be paid by the Treasurers of the Upper and Lower Divisions, upon the drafts of the Gov- ernor : Provided, That three hundred thousand dollars of the said amount shall be applied to the payment of the loan made under the resolution of the General Assembly adopted at the extra session, held in the month of November, in the year of our Lord one thousand eight hundred and sixty- one. Ordinary local VIII. For Ordinary Local Expenditures : For the support of the tran- sient poor of Charleston, seven thousand dollars, to be paid to the City Council of Charleston, and accounted for by them to the Legislature; for the salary of the Port Physician in Charleston, including boat hire and other incidental expenses, eight hundred dollars; tor the execution of the quarantine laws at Charleston, oue thousand dollars, if so much be nccea- expelidltures. OF SOUTH CAROLINA. 9 sary, to be paid to the City Council of Charleston, and expended under their A. P. 1861. direction ; for the salary of the Superintendent of the Fire Proof Build- ^""~~ v~ — " ' ing in Charleston, during the present year, one hundred dollars; for the support of the transient poor of Georgetown, eight hundred dollars, to be expended by the Commissioners of the Poor of WTnyah, to be accounted for by them to the Legislature; for the salary of the Pilot of the harbor and bar of Georgetown, three hundred and twenty dollars ; for aiding the support of a ferry at Elliott's Cut, two hundred dollars, subject to the order of the Commissioners of Roads for St. Andrew's Parish; for maintaining and keeping open the Eloper Hospital, in Charleston, three thousand dollars, to be paid to the Medical Society, in trust for the Roper fund, to defray the expenses of the said hospital; for the support of the Stale Xonnal and High School, at Charleston, five thousand dollars, to be subject to the draft of the Commi -i oners of Free Schools of St. Philip's and St. Michael's, and to be applied by them as prescribed by law ; for the support of the Catawba Indians, eight hundred dollars, if so much be necessary. IX. For Extraordinary Expenditures: For James L. Petigru, Esquire, Extraordinary for salary for the year eighteen hundred and sixty-two. as Commissioner to *" ptl make a Code of the Statute Law of South Carolina, live thousand dollars ; and, also, for the serviees of one assistant, two thousand dollars, to be paid to him as directed bj an Act entitled "An Act further to provide for a Code of the Statute Law of South Carolina." ratified on the nineteenth day of December, eighteen hundred and fifty-nine ; for the salary of the Com- missioner of the New Stale House, one thousand dollars; for the Marine School Of Charleston, sis thousand dollars, to be paid to the Charleston Port Society, as directed by the report and resolution as adopted at the present session ; for the payment of the expenses incurred by the Commis- sioner of the Code for printing, stationery and postage, as provided by an Act entitlod " An Act further to provide for a Code of the Statute Paw of South Carolina,'' ratified on the nineteenth day of December, in the year of our Lord one thousand eight hundred and fifty-nine, six hundred dollars, if so much be necessary, to be paid on the draft of the Commissioner, coun- tersigned by the Chairmen of the Committee of the Judiciary of the two branches of the General Assembly ; that the Treasurer of the Lower divi- sion be, and is hereby, authorized and instructed to pay, out of the undrawn appropriation, "for the military contingencies, one hundred thousand dol- lars, to be drawn and accounted for as directed by the Legislature," ordered by an Act entitled " An Act to make appropriations for the year commenc- ing in October, one thousand eight hundred and fifty-nine," ratified on the twenty-second day of December, one thousand eight hundred and fifty-nine, the following sums, and as follows, to wit': To the Lank of the State of South Carolina, the sum of fourteen thousand seven hundred and thirty- 2 STATUTES AT LARGE eight dollars, being an amount advanced by said Bank for the purchase of arms ; to the Bank of the State of South Carolina, the sum of sixteen thousand four hundred and forty-six dollars forty-four cents, being an amount advanced by said Bank to defray the expenses of a Convention of the People of the State of South Carolina ; to the Bank of the State of South Carolina, the sum of seventy-one thousand seven hundred and sixteen dollars eighty cents, being an amount advanced by said Bank to defray the expenses under an Act entitled " An Act for the establishment of a Coast Police for the State of South Carolina," ratified on the fifteenth day of January, one thousand eight hundred and sixty -oue ; and that the overplus of the sums so ordered to be paid, be paid out of any moneys in the Treas- ury unappropriated ; and that an Act entitled "An Act for the establish- ment of a Coast Police for the State of South Carolina," ratified on the fifteenth day of January, one thousand eight hundred and sixty-one. be, and the same is hereby, repealed; for the relief of the sufferers by the late fire in the City of Charleston, thirty thousand dollars, to be paid by the Treas- urer of the Lower Division to the City Council of Charleston ; to the heirs of Josiah H. Smoot, two thousand three hundred and thirty-seven dollars and twenty-five cents, to be paid to them as provided for in the report adopted at the present session of the General Assembly : to defray the expense incurred for maps of the boundary line between this State and the State of North Carolina, two hundred dollars, to be paid to James L. Peti- gru by the Treasurer of the Lower Division ; two thousand two hundred and fifty dollars, if so much be necessary, for the balance of the salary of the late F. H. Wardlaw, one of the Associate Judges of the Appeal Court, for the year eighteen hundred and sixty-one, to be paid to his widow, Mrs. Ann G. Wardlaw, by the Treasurer of the Upper Division. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one, and in the eighty- sixth year of the sovereignty and independence of the State of South Carolina. WILLIAM D. PORTER, President of the Senate. JAMES SIMONS, Speaker House of Representatives. OF SOUTH CAROLINA. 11 an act to amend and suspend certain portions of the mllitia a. d. 1861. and Patrol Laws of this State. ^~^ No. 4o68. I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That all free white males, between the ages of sixteen and sixty, shall be Military duty, . . * persons liable liable to perform ordinary militia duty during the existence of the war be- to do. tween the Confederate and United States of America, except the persons Exemptions, exempt from all militia service, and except the Members of both branches of the General Assembly, and their respective officers ; all regularly officiat- ing clergymen; all regular licensed practising physicians; the Faculty and Officers in the South Carolina College ; Professors iu other incorporated oollegea, and in Theological Schools; Schoolmasters having under their tuition not less than fifteen scholars ; and all students at schools, academies and colleges ; all Branch Pilots ; one white man to each established ferry, toll bridge and toll grain mill, if actually kept by such white man ; the President, Cashier and Teller of the several Banks of the State; the officers and men of the City Guard, and the Fire Departments of Charleston and Columbia; the officers and employees of all railroad companies; the Superintendent and Keeper of the Lunatic Asylum ; the Keepers of the Arsenals of the State; all persons holding office uuder the Confederate States, and the officers and Cadets <>i' the Military Academy; and that all said males, from the ages of sixteen to sixty, shall be liable to perform patrol duty, and shall be subject to be ordered by the Governor and Commander-in-Chief to perform military service iu their respective brigades. II. That so much of the one hundred and forty-eighth section of an Act Suspension of entitled "An Act to reduce all Acts and clauses of Acts in relation to the Militia Act, as Militia of this State to one Act, and to alter and amend the same," as limits service! the term of service of the militia, when drafted, to three months within this State, and two months out of the State, be, and the same is hereby, sus- pended during the said war ; and that (luring such suspension the Com- mander-in-Chief may call out any portion of the militia of this State, from the ages of eighteen to forty-five, (except those exempt by this Act from militia service,) for twelve months, unless sooner discharged, for service either in this State or any of the Confederate States : Provided, That on his ordering a draft, the companies (beat or volunteer) of the militia shall be allowed to furnish the quota required of them by volunteers for actual service. III. That the companies shall furnish their quotas of volunteers or proportion drafted men in proportion to their relative number liable to a draft by the provisions of this Act, and be exempted from such call to the extent of the 12 STATUTES AT LARGE \. D. ISO. Organization. Beat compa- nies. Acts against redac- tion of sus- pended. Eligibility to office. Acts pro- hibiting per- sons from suspended. Musters and drills. Commissions vacated. Volunteer com- panies dis- solved. number of volunteers they have already furnished, and who are then in the military service of this State or the Confederate Slates, or who shall have served at least twelve months in such service : Provided, That no company shall be reduced by drafting below the number of fifteen : And further, that it may be lawful for any one bo drafted to tender to the com- mander of the regiment a capable substitute, and upon his being received, the person drafted shall be excused from going into actual service, but shall be liable to perform ordinary militia and patrol duty. IV. That all troops thus raised, whether volunteers or drafted men, for the term of twelve mouths' service, shall be organized by the Commander- in-Chief into companies and regiments, battalions or squadrons, by order- ing forthwith elections for their company and field officers, conforming in said organizations to the laws, rules and regulations of the Confederate States. And all volunteers for a longer period of service, shall be sep- arately organized in a similar manner. V. That all Acts prohibiting the reduction of beat companies below the number of fifty men, and all Acts imposing penalties for default of service in the militia organization of this State, be, and the same are hereby, sus- pended as to all persons who may volunteer in the service of this State or the Confederate States, in the war aforesaid. VI. That all Acts and clauses of Acts prohibiting persons from being eligible to office, by reason of not holding commissions, in any battalion, regiment, brigade and division, be, and the same are hereby, suspended during the said war, and that any person, during such suspension, shall be eligible to any of said offices, and that all laws requiring more than teu days' notice for any military election be also suspended during the same time; and that any time within ten days shall be sufficient notice for any such elec- tion in the militia and volunteer service of this State ; and in default of such election, the Governor shall forthwith fill the office by appointment. VII. That all persons required to perform ordinary militia duty, shall be called out for company muster and drill at least once in every two weeks ; and, in case of default, to be liable to the same fines and forfeiture now provided by law. VIII. That the commissions of all officers of beat companies, battalions, and regiments of the militia of this State, uot called into actual service, and those in actual service, when relieved, be, and the same are hereby, vacated as soon as new elections can be had to fill said offices SO vacated, .c;m the volunteer corps of the city of Charleston attached to the fourth brigade; and all volunteer companies in the State not now having the num- ber of officers, non-commissioned officers and privates required by law, except those now in actual service or already ordered into actual service, be, and the same are hereby, dissolved ; and that all persons liable to do ordinary OF SOUTH CAROLINA. 13 militia duty under this Act, and patrol duty under the provisions of this A. D. isci. Act. or uuder any Act, shall be entitled to vote in all compan}-, battalion, """■ ~~i~~-~ ' and regimental elections. IX. That upon any proclamation or order from the Governor and Com- Requisitions of niander-in-t 'hid' calling for troop-, the commandant of each militia regi- complied with. meat not excepted in this -Vet shall forthwith assemble his command at the usual muster ground, and proceed to execute the requisitions thereof; and thai offioers commanding beat or volunteer militia companies, and if there be no such commissioned officers, then some suitable person appointed by the commandant of the regiment, shall forthwith lake, or cause to lie taken, a census of all persons liable to militia duty under this Act, residing within their rcspBCtive beats, ami make out a roll of the same, and a I ate roils of those between eighteen and forty-five, and of those who have vol- unteered from saiil beats, and are in the service of this .State or the Con- federate States, and shall return copies mI' said rolls to the commandant of the regiment and to the Adjutant and inspector General of the State; and for default in making said returns within ten days after being required to do so by the order of any superior officer, they shall each be liable to a fine of fifty dollars, to be imposed and recovered as provided for by the Militia Laws of this Siate. X. That immediately after the passage of this Act, it shall be the duty Elections to of the Adjutant and inspector General, and be is hereby required, to issue um ° e ' an order for elections to fill all offices in the various companies and regi- ments, battalions or squadrons, of the militia of this State, which order shall be published in the newspapers of this State, and thereupon the command- in- officers of said corps shall extend said order to their respective com- mands; and said elections shall be conducted in the manner provided by the Militia Laws of this Stale, and in the time required by said order; and the managers of said elections shall forthwith return the result thereof, in writing, to the commandant of the regiment, who shall immediately trans- mit a eripy of the same to the Adjutant and Inspector General. XI. That the corporate limits .if any town containing not less than five Separate Beats, hundred nor more than two thousand live hundred inhabitants, including gas slave- ami Bpi le persons of color, shall constitute a separate militia beat; and it shall be the duty of the inhabitants of all such towns corporate, who art' liable to militia duty under the provisions of this Act, to organize them- selves into a company, to be attached to the regiment in which such town is situate, unless any such town is divided by regimental lines, in which the company therein organized may elect ill i at tn which they shall be attached ; and the companies thus organized shall be subject to all the provisions of this Act, as other militia beat companies. 14 STATUTES AT LARGE A. D. is6i. XII. That the companies which have been or may be accepted by the v -~" Y- ~^ Governor, under the resolution passed at the called session of this General oepted under Assembly, shall not be subject to the call for volunteers, or to the draft a hereinbefore provided for, but shall be organized by him, in pursuance of not subject to . - , . . . , ,. ■, said resolution, into regiments, battalions, or squadrons. Assistant Quar- XIII. That the Quarter) i neral and Commissary General of this Oommi ate Blall each lie entitled to one assistant, with the rank and pay of Cap- tain of Infantry, and as many other assistants, with the pay of First Ser- geant, as the Governor may deem necessary for the efficient administration clerk allowed of their departments ; and that the Adjutant and Inspector General shall :b»Gen- be allowed, if deemed necessary by the Governor, to employ a Clerk, at a sum not exceeding sixty dollars per month. , Pee Dee Le- XIV. That the troops raised within the limits of the fourth military ^ 1 °n' | xemp " division, and organized under the name of the Pee Dee Legion, be. and the same are hereby, exempted from the operation of this Act : 1 'hey shall, within twenty days from the ratification hereof, file in the office of the Adjutant and Inspector General a roll of such companies as may be willing to be mustered into Confederate service, under the provisions of an Act of the Confederate Congress entitled " An Act to provide for local de- fence and special service," approved the twenty-first day of August, in the year of our Lord one thousand eight hundred and sixty-one; and shall, in the mean time, continue in the service in which they are now employed : And provided, That such troops as shall not be mustered into the Confederate service, as aforesaid, shall be subject to all the provisions of this Act. Defaulters, how XV. That every person liable to military duty under the provisions of this Act, who shall make default when summoned into actual service, shall be liable to such punishment, short of death, as may be imposed by a court martial, according to the Articles of War of the Confederate States; said Court to be convened by the officer commanding the regiment to which the delinquent shall belong, who is hereby authorized to order said Court, in conformity with the usages of the army of the Confederate States. Consistent Aets XVI. That all Acts and clauses of Acts in relation to the militia of this remain of force. gt a ^ consistent with the provisions of this Act, shall continue of full force inconsistent and effect; and all Acts and clauses of Acts inconsistent with the provi- sions of this Act, be, and the same are hereby, suspended during the contin- uance of this Act. In the Senate House, the seventh day of December, in the year of our Lord one thousand eight hundred and sixty-one, and in the eighty- sixth year of the sovereignty and independence of the State of South Carolina. WILLIAM D. PORTER, President of the Senate. JAMES SIMOXS, Speaker House of Representatives. OF SOUTH CAROLINA. 15 AX ACT TO AFFORD AlD TO TUE FAMILIES OF SOLDIERS. A. D. 1861. I. Be it enacted by the Senate and House of Representatives, now met and silting in General Assembly, and by the authority of the same, That not less than five nor more than teu freeholders, in each tax district in the Soldiers' Board State, shall be appointed, as hereinafter provided, who shall be called the " Soldiers' Eoard of Relief," who shall continue in office during the exist- ing war, and for four months thereafter ; and they are hereby authorized to fill up all vacancies in their respective Boards, arising from any cause, by appointment of said Boards ; and they shall meet upon the call of the Chair- man, as well as by their own resolution; a majority of each Board shall constitute a quorum. II. That the said Boards shall have power and authority to levy a tax on Tax, powerto the tax payers of their respective tax districts, annually, and but once in each year, on the property taxed by the State, to be paid during that year, and none other, to raise a sum of money sufficient to afford aid and relief to the wives and children of such" persons, in their respective lax districts, who have now, or may hereafter, volunteer in the military service of this State, or the Confederal.' States of America, and while in such service, as may desire the same, and whom the said Boards respectively may deem to be proper objects of this aid and relief; but the said tax shall not exceed forty per centum on the general State tax in any one year. III. That the said Boards, respectively, shall deliver to the Tax Collectors Tax collectors of their respective tax districts a written order to collect such per ceutage orders to col- on said general tax as they may decide on, at least one month before the ectta:1, tax returns of the State arc made to the sail Tax Collectors; that the said Relief, howdis- Boards, respectively, shall take all proper means to ascertain whether the applicants for aid and relief are proper recipients thereof, according to the true intent and meaning of this Act; and when they have decided in favor of any such applicant, they shall direct their Treasurer to pay, in money, to such person, the sum so allowed, to be paid in advance, monthly or quarterly, as said Board may direct ; but if any one of the said Boards shal deem it best to purchase provisions or clothing, in quantity, (which they are hereby empowered to do,) then the said Board may order and direct the said payment to be made from such purchased articles. IV. That the said Boards shall each appoint a person, Secretary and Secretaryand Treasurer of their own body, or otherwise, as they may decide, who shall Boards!^ ° keep a record of all transactions, be responsible to said Board, and give bond, payable to said Board, in such sum, and with such sureties, as the 6aid Board may direct, for the faithful performance of the duties of his office. 16 STATUTES AT LARGE \ P. IM.1. Tax, when to be collected. Manner of col- lecting tax. Receipts and expenditures, Boards to make returns of. Boards, by whom ap- pointed. V. That the State Tax Collectors of said tax districts shall collect the tax directed by said Boards at the same time that they collect the said State tax. and shall pay the same over to the Treasurers of said Boards, respectively, when collected. VI. That the said Tax Collectors shall pursue the same mode and man- ner in collecting said tax as they now do respecting other District taxes, and shall be liable to all the penalties respecting said tax as they now arc respecting other District taxes; ami t lie Sheriffs of the Judicial Districts, with whom executions may be lodged for the collection of said tax, shall be liable to all the penalties they now are by law, respecting the other District taxes. VII. And said Boards shall make, returns of their receipts and expen- ditures to the Courts of Common Pleas of their respective Districts, at the Fall Term thereof, and shall be liable to the same penalties for default or neglect of duty, as the other District Boards are now liable to, according to law. VIII. That each of the said Boards shall consist of not more than ten nor less than five persons, to be appointed by Joint Resolution of the General Assembly, to continue in office for one year. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred ami sixty-one, and in the eighty- sixth year of the sovereignty and independence of the State of South Carolina. WILLIAM D. PORTER, President of the Senate. JAMES SIMONS, Speaker House of Representatives. No. 4570. AN ACT to provide more efficient Police Regulations for the Districts on the Sea-Board. I. Be it enaeted by the Senate and House of Representatives, now met Police Court, and sitting in General Assembly, and by the authority of the same, That for each of the Districts of Beaufort, Colleton, Charleston, Georgetown, and Horry, a Police Court is hereby constituted, to continue so long as a foreign enemy has possession of any part of the coast of South Carolina, whose jurisdiction shall extend to all matters of criminal and police regula- tion over the slaves and 1'rce persons of color in said Districts : Provided, OF SOUTH CAROLINA. 17 That this Act shall have no operation within the corporate limits of the a. p. lsei. City of Charleston. k "~" ~y"~— ' II. That within the limits of these Districts, respectively, the said Courts lowers of. shall have full power in regard to slaves and free persons of color, to estab- lish such regulations, and inflict such punishments, as they, in their dis- cretion, may deem that the exigencies of the time require, any law now existing to the contrary notwithstanding ; and the action of said Courts, in such cases, shall be final and without appeal; and said Courts shall have power to impose penalties, and to issue executions, when not exceeding twenty dollars, tor the collection thereof, upon all persons who shall be summoned, under the provisions of this Act, to do police duty, and shall fail to perform the same. ill. That said Police Courts shall consist of a Provost Marshal and four four's, of s*i n i t\* • whom com- othcr persons, to be appointed by the (Governor, for each of the Districts posed. above named, respectively, to be selected from a list of persons to be recom- mended to him by the Senators and Representatives in the General Assem- bly for that. District; the Provost Marshal to preside over said Court, and to be charged with the execution of its judgments. IV. That the Provost Marshal shall have authority to appoint as many Deputy Mar- Deputy Marshals as lie may deem necessary, within his District, whose duty ' it shall be to execute such orders as may be given by their chief, and such Deputy Marshals may call to their assistance such [number of citizens, not on military duty, as may be required. V. That the said Provost Marshals shall have a sreneral supervision of the ratrol. Provost _ .,,.„., . , . „ , Marshals to Patrol of their Districts, respectively, anu may call out the same, or any have control of. part thereof, at any time, and prescribe the duties to be performed by them, and shall direct and control, through their proper officers, the entire militia of their respective Districts, for police purposes : Provided, said militia are not at the time under orders to serve against the public enemy. VI. That said Provost Marshals may themselves, or by their Deputies, Arrests, how to arrest such white persons, within their Districts, respectively, as the said Provost Marshal may consider dangerous to the community, and a commit- ment under the hand of such Provost Marshal, settiug forth the cause of arrest and imprisonment, shall be sufficient authority to hold such persons until discharged by order of a Judge, at Chambers, or in due course of law, at the next term of the Court of General Sessions within said District; and the Provost Marshals and their Deputies shall be ex officio Magistrates in their respective Districts, except for the trial of small and mean causes. VII. That whenever the Provost Marshal, or any Deputy Marshal under special r<>iico, his authority, shall deem it expedient to retain upon special police duty of'.'" 1 " 5 " any citizen or citizens more than two days, consecutively, the Provost Mar- shal may, at his discretion, give to each person so employed a certificate of 3 13 STATUTES AT LARGE A. D. 18(11. Deputy Mar- shals, ' ■ sation of. Owners and overseers re- quired to aid. Governor may extend this Act. service, winch shall entitle the holder to such sum of money as may be certified by the Provost Marshal, not exceeding two dollars per day (V>r the time such person has been on duty. Y1II. Thai the Deputy Marshals shall be entitled to compensation at the rate of three dollars per day while engaged on duty; and all moneys neces- sary to carry the provisions of this Act into effect, in each District, shall be raised by an assessment upon the general tax of such District: and the Tax Collectors of each of said histiicts are hereby required to assess and collect, annually, from the tax-paying citizens of his or their Districts, such sums us the Police Courts hereby established shall direct ; and the Provost Marshal of each District shall render an account, annually, of his receipts and expenditures to the Treasurer of the Lower Division. IX. That all owners or overseers of negroes, or other persons in control of slaves, are hereby required to give their aid and assistance to carry out the orders of the Provost Marshal of the District, in regard to all matters of police regulation relating to such slaves ; and, upon failure to do so, shall be subject to indictment for misdemeanor, or attachment. X. That the provisions of this Act may be extended to other Districts of this State by proclamation of the Governor. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one, and in the eighty- sixth year of the sovereignty and independence of the State of South Carolina. WILLIAM D. PORTER, President of the Senate. JAMES SIMONS, Speaker House of Brjinsi uttttives. No. 4571. AN ACT to extend relief to Debtors, and to prevent the SACRIFICE OF PROPERTY AT PUBLIC SALES. I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, Mesne or final That it shall not be lawful for any officer of this State to serve or execute nil °to serve or any mesne or final process of any of the Courts of this State for the collcctiou of money, until after the expiration of the first session of the next General Assembly of this State, except in cases provided for in the second section of this Act, and except process for military fines. execute. OP SOUTH CAROLINA. 19 II. That if the plaintiff, in any such mesne or final process, or his a. D. isoi. agent or attorney at law, shall make affidavit hefore some one of the k ——y~~- / Clerks of the Courts of Common Pleas ami General Sessions of this State, Fraudulent dis- 11-Ti -i i i i iii ■ r"~ |!| "" of pro- that his debtor has absconded, or is about to abscond, or that such debtor is perty, remedy removing, or is about to remove his property beyond the limits of this State, oris fraudulently disposing of the same, which affidavit shall be attached to such mesne or final process, before any action thereon, the said plaintiff in such mesne or final process may require the defendant to give a bond, payable to such plaintiff, in double the amount of the sum sued for, or of the amount of the judgment upon which such final process may be based, with security, to be approved by the Clerk of the Court of Common Fleas of the District in which such defendant may reside or may be taken, con- ditioned for the delivery of the property of such debtor, liable to such pro- cess, or so much thereof as may be sufficient to satisfy the plaintiff's demand, to the Sheriff of said District, or for the surrender of the body of the defendant, according to the exigency of such process, at the time at which judgment may be obtained on such debl in oases of mesne process, or at the time limited for the operation of this Act in eases of final process : Provided, however, If such bond and security shall not be given within ten days after the defendant shall be served with a copy of the said affidavit, such defendant shall be deprived of the benefit of this Act ; and in the absence of defendant, a copy of such affidavit left at his place of residence shall be equivalent to personal service. III. That it shall be the duty of the Clerk before whom such affidavit clerk, duties of, may be made, forthwith tj cause a copy thereof to be personally served on the defendant, or left at his residence, with a notice requiring him to give the bond and security required by the second section of this Act within ton days from the date of such service, and the Sheriff shall immediately, upon the filing of such affidavit, proceed to arrest the Jcfeudant, or take a levy of property, according to the exigency of the process to which such affidavit may be attached. IV. That all sales authorized or directed by any decree, rule or order Sales, stay on of any of the Courts of this State, shall be stayed until the same shall be renewed by one of the Judges of the Court making such decree, rule or order, cither in open Court or at Chambers. \. That the operation of the Statute of Limitations be, and the same Statute of limit- is hereby, suspended during the period in which this Act is of force, suspension of. so far as applicable to causes of action coming within the .meaning of this Act. 20 STATUTES AT LARGE A. d. 1861. VI. That while this Act remains in force, debts due on open accounts, and other demands nol heretofore bearing interest by law, shall bear interest at the rate of seven per centum per aunuin. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixly-one, and in the eighty- sixth year of the sovereignty and independence of the State of South Carolina. WILLIAM D. PORTER. President of the Senate. JAMES SIMONS, Speaker Uuuse. of Representatives. No. 4572. AN ACT to enable Yolunters in the Military Service to EXERCISE THE RlGHT OF SUFFRAGE. Suffrage to be exercised by citizens in mil- itary Bervici — mode of hold- ing election. Managers, duly of. I. Be it enacted by the Senate and House of Representatives, now met and sitting iu General .assembly, and by the authority of the same, That during the continuance of the existing war between the United States and Confederate States of America, the members of all volunteer companies made up of citizens of this State, including all field and staff officers, who shall be absent from home in the military service of the country, upon the happening of any general or District election, shall have the same right of suffrage as if present in their respective election Districts ; and to enable them to exercise the said right, it shall be the duty of the commissioned officers, or a majority of those present, on duty, commanding any such com- pany of volunteers, after first being duly sworn to manage the same fairly and impartially, according to law, to open a poll from twelve o'clock, noon, until two o'clock in the afternoon, in their respective companies, on the day fixed for any electiou, and to receive the votes of all volunteers, includ- ing field and staff officers, who are qualified to vote under the Constitution and laws of this State. II. That immediately after closing the polls it shall be the duty of the managers to count the ballots, and make a statement of the result, certified under their hands, and dispatch the same, with a list of the names of the voters, under sealed cover, either by mail or by a special messenger, as they shall deem best, as follows : That is to say, if the election be for mem- bers of Congress, the certificate, together with the ballots cast, to the Gov- ernor of the State or to the Secretary of State, and if for members of the General Assembly, or aDy District officer, the certificate of the result to the OP SOUTH CAROLINA. 21 Clerks of the Courts of the respective Judicial Districts ; and it shall be the A. D. 1661. duty of the said Clerks to receive and be responsible for such returns, under v— "y~-' the penalties provided by law 'for neglect of official duty, until delivered to the managers of elections as herein provided. III. That it shall be the duty of the managers of the several election District Man- Districts to reassemble at the Court House, or other place appointed by under Act law for counting the ballots, on the first Saturday next ensuing any such election, at which time and place it shall be the duty of the Clerks of the Courts, under the penalties aforesaid, to deliver to the managers the returns, if any have been received by them from the army ; and the said managers shall forthwith proceed to aggregate the returns thus received with the returns which shall have been previously made by them from the District precincts, and declare the election as is now provided by law. And if, upon the reassembling of the managers for the purpos: aforesaid, it shall happen that no returns, or only partial returns, have been received from the army, then it shall be their duty to declare the election according to the result of the ballots cast at their District precints, and the returns, if | any. received. IV. That all Acts and parts of Acts repugnaut to this Act, be, and the Rcpuenant lets same are hereby, suspended in their operation for and during the contin- ponded. uance of the war between the United States and Confederate States of America. In the Senate House, lie- twenty-first day of December, in the year of our Lord one thousand eight hundred and Bllty-one, and in the eighty- sixth year of the sovereignty and independence of the State of South Carolina. WILLIAM D. PORTER, President of the Senate. JAMES SIMONS, Speaker House of Representatives. an act to authorize the clty council of charleston to issue no. 4573. am) tit in circulation Notes receivable in Taxes or Dues to the City. I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the Smnllbiltstobe •i -i , • '-- ■" "' ' v Cit y City Council of Charleston is hereby authorized to issue and put in circu- Council of lation notes or certificates, in the form hereinafter prescribed, of the 22 STATUTES AT LARGE a. D. 1861. denomination of one. two and three dollars, and such small bills as the ^—^ y—-' City Council may direct, which notes or certificates, so to be issued, shall be receivable in payment of taxes and other dues to the City of Charleston, for the sums therein expressed; the whole amount of such notes or ccrtiti- cates not to exeeed the sum of three huudred thousaud dollars : Provided, That the amount of bills under the denomination of one dollar shall, at all times, be equal to one-third of the amount issued by said City Council under this Act. And the said uotes shall be in the following form, viz : " Tikis note shall be received in payment of taxes and other dues to the City of Charleston, for ,'' and shall be signed by the Mayor and Clerk of Council, or such other person or persons as Cho Mayor may appoint for that purpose, and shall be redeemed, on demand on the Mayor, in notes of any of the Banks of this State. Refusal to re- H. In case of the refusal or neglect of the Mayor and City Council to redeem any of the said bills on demand, as hereinbefore provided, the holder shall be entitled to the same remedies at law against the City of Charleston as he would be entitled to against any Banks in this State, in case of their refusal to redeem their notes. III. That the provisions of this Act shall cease and determine on the first day of January which shall be in the year one thousand eight hundred and sixty -five. deem, penalties for. Limitation of Act. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand ei»ht hundred and sixty-one, and in the eighty- sixth year of the sovereignty and independence of the State of South Carolina. WILLIAM D. PORTER, PresidenLof ihe Senate. JAMES SIMONS, Speaker House of Rejyrtsentativet. No. 4574. AN ACT To amend an Act entitled " An Act to provide a Patrol and Military Guard for the City of Charleston', and for other purposes." Former Act extended. I. Be it enacted by the Senate and House of Representatives, now met and sitting in Geueral Assembly, and by the authority of the same, That an Act entitled "An Act to provide a Patrol and Military Guard for the City of Charleston, and for other purposes/' ratified on the twenty-eighth day of January, in the year of our Lord one thousand eight hundred and OF SOUTH CAROLINA . 23 sixty-one, be, and the same is hereby, extended and made of force for and a. d. i8ci. during the continuance of the existing w.ir between the United Stales an i ^~~~r~~—' the Confederate States of Ann- II. That no person enrolled as a member of the Patrol and Military Resiin.iticma Guard, according to the provisions of the said Act, shall be permitted to dcawals. resign or withdraw from the Company to which he is attached, without giv- ing six months' previous notice of his intention to do so, unless by the writ- ten consent of the officers commanding the • lompany from which he proposes to withdraw: Provided, That no Company shall increase, by election, the number of active members they now have on the en mil men I last returned to the Chief, under the provisions of the said Act of eighteen hundred and sixty-one, and that they shall not elect any more members during the year than shall be necessary to till vacancies occasioned by death, resigna- tion, or otherwise, so as to keep up the number of men now returned. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one, and in the eighty- sixth year of the sovereignty and independenc f the Stato of South Carolina. WILLIAM D. PORTER, President of the Senate. JAMES SIMONS, Speaker House of Representatives. an act to provide for the payment by the state of tiie war no. 4575. Tax of the Confederate States, and for the collection of the same from the tax-paters in this state. I, Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That Confederate when the chief Collector of the Confederate States for South Carolina shall be paid.' have completed the assessments and tax returns in this State, and the sum total of the said War Tax payable by the people of the State shall be made known, it shall be the duty of the Treasurer of the Lower Division and the J 'resident of the iJank of the State of South Carolina, to deduct from the sum total of the Tax as aforesaid ten per centum, as provided by the Act of Congress of the Confederate States, and to pay the amount of the residue thus ascertained into the Treasury of the Confederate States in such man- 24 STATUTES AT LARGE A. D. 1861. ner as the Secretary of the Treasury of the Confederate States may direct, ^—~~*~~—' on or immediately before the first day of April, one thousand eight hundred and sixty-two. as fixed by the act of Congress aforesaid, or such other day as may be appointed by authority of the Confederate States. Funds, how to II. That to provide the funds to pay the tax as aforesaid, the Treasurer of the Lower Division and the President of the Bank of the State of South Carolina are hereby authorized and directed to borrow an amount of money equal to the net sum of the said tax, and to pledge the faith and funds of the State of South Carolina for the payment of the said loan and the interest to accrue thereon; and jointly to sign, on behalf of the State, the contracts made for the said loan. Books of tax III. That it shall be the duty of the Treasurer of the Lower Division and distributed. the President of the Bank of the State, on making payment of the tax as aforesaid, to procure from the chief Collector of the Confederate States, the books containing the tax returns for the said War Tax, of all the tax dis- tricts in South Carolina, and to distribute and deliver the same to the several Tax Collectors of this State. Bonds. Tax IV. That each Tax Collector shall execute his bond, with three good give. sureties, to be approved and deposited as bonds of Tax Collectors are now required by law, in a sum equal the amount of the general tax for his col- lection district for the year one thousand eight hundred and sixty-one, which said bonds shall be executed and deposited with the proper officer on Collectors to be or before the first day of April next. And in case any Tax Collector shall ease of neglect fail to execute his bond, in manner aforesaid, by the time aforesaid, the to execute „ • , , i-i, • i • nn *i bonds. Governor is hereby authorized and required to appoint a Collector in the place of the Tax Collector so making default; and the person so appointed shall execute his bond, in three times the amount of the general tax of his Collection District for the year last preceding his appoiutment, with three good sureties, to be approved and lodged in the proper office, as now required by law of Tax Collectors, within two weeks after the date of his appoint- ment, and before he enters upon the duties of his office. Books to be V. That it shall be the duty of the Tax Collectors to open their books later than 15th to receive payment of the said War Tax, on a day .not later than the fifteenth day of June, one thousand eight hundred and sixty-two, and to keep them open until the last day of July following, exclusive, and to give notice of the same, in the same manner as in the collection of the taxes of the State. And all tax-payers who shall make payment on or before the said last day of July, shall be entitled to a deduction of five per centum from the amount of their tax; and the Tax Collectors are hereby authorized and required to make the said abatement. . OF SOUTH CAKOLINA. 25 VI. That it shall be the duty of the Tax Collectors to re-open their books a,d. 18m. on the fifteenth day of October, one thousand eight hundred and sixty-two, ~*~~~^~~ ' : , J Books, when to aud keep them open until the fifteenth day of November following, giving be re-opened. the same public notice as before, to receive the taxes of such persons as may not have paid on or before the last day of July aforesaid : Provided, That no abatement shall be made of the full sum of the taxes to be paid, daring the second opening of the books, as herein provided. VII. That the Tax to be levied and collected, as aforesaid, shall be the Tax to be the same iu amount, aud in lieu of the \\ ar Tax of the Confederate States federate mi levied under the act of Congress entitled "An act to authorize the issue of Treasury Notes and to provide a War Tax for their redemption," approved the nineteenth day of August, one thousand eight hundred and sixty-one, and the Tax Collectors shall collect the same in conformity with the returns and amounts set forth in the books of Tax Collectors of the Confederate States, furnished them by the Treasurer of the Lower Division and the President of the Batik of the State of South Carolina, as hereinbefore pro- vided. VIIT. That the compensation to be allowed to Tax Collectors for the col- compensation lection of the tax aforesaid, and the discharge of all the duties prescribed in this Aei, -hall be as f Hows, to wit : Two per centum on the first ten thou- sand dollars of the sums c lleoted, and one-half of one per centum on the re- mainder of the same: P That in no case shall the compensation be less than three hundred dollars nor more than six hundred dollars : And proriih,!. That the compensation of the Tax ( 'ollector for the Parishes of St. Philip arid St. Miohael shall he two thousand dollars. IX. That returns shall be made as usual by the Tax Collectors to the Returns, when Treasurer of the Upper Division and the Treasurer of the Lower Division, be made, within thirty days alter the respective dates in this Act mentioned for the ing of the books, and the moneys collected paid into the Treasury within the same time. X. That the Treasurer of the Lower Division and the President of the Taxtobedrawn from t lit* Trails* Bank of the State of South Carolina arc hereby authorized to draw from the ury.andbj Treasury of the State alLsums deposited therein a ;he produce of the War Tax aforesaid, and apply the same, as it maybe paid in, to the gradual reduc- tion and final extinguishment of the loan made by them, both of the principal and interest thereon : Provided, however, That no more of the said moneys shall be drawn than is necessary to discharge the principal and interest of the debt. XI. That all existing penalties and forfeitures imposed by law, and all Existing penal- other provisions made by law for the enforcement of the collection of State force. 26 STATUTES AT LARGE a. i>. i«r.i. taxes, are hereby adopted and applied to the collection of taxes under this Act, and the said taxes .-hall be payable in the medium provided by law Cor the payment of State taxes. In t!)i- Senate House, the twenty-first day of December, in the year of our l 'i one thousand eight hundred and sixty-one, and in the eighty- sixtli year of tlie sovereignty and independence of -the State of South Carolina. WILLIAM D. PORTER, President of the Senate: JAMES SIMONS. Speaker House of Representatives. No. 4576. AN ACT to authorize tiie issue of Stock, to tok amount of ONE MILLION EIGHT HUNDRED THOUSAND DOLLARS, FOR THE MIL- ITARY Defence of the State, and for other purposes. Military de- Whereas it is necessary to raise the sum of one million eight hundred authorized. thousand dollars, by loan, for the military defence of the State ; therefore, I. Be it enacted by the Senate and House of Representatives, now met Bywhomtobe and sitting in General Assembly, and by the authority of the same, That the President of the Bank of the State of South Carolina and the Treasurer of the Lower Division shall be, and they are hereby, authorized and empow- ered to sell, for ready money, one milliou eight hundred thousand dollars of the stock of tliis State, bearing seven per cent, interest, at such times, and in such sums, as the public exigencies may re<(ure. stock certifi- II. That the Treasurer of the Lower Division shall, from time to time, issued. J * make out certificates of stock, bearing an interest of seven per cent., pay- able semi-annually, in the names of such persons or corporations, and in such sums, as may be required by those purchasing said stock, not exceed- ing in all the said sum of one million eight hundred thousand dollars. Books of III. That the Treasurer of the Lower Division shall open a set of books, r^gis ry. _^ s hall enter therein, in proper order, the names of all persons and cor- porations who shall become purchasers of the stock hereby created and directed to be issued, and shall conduct the business iu the same manner, and with the same checks, as has been heretofore done in relation to other stock issued by this State. Form of certifi- IV. That the following shall be the form of the certificates of stock hereby authorized to be issued : OP SOUTH CAROLINA. 27 State of 9. ism. directed to commission such agent or agents as the President and Pirec- v ~" — "y"~ ■"' tors of the Bank of the State of Smith Carolina shall appoint, which said ' ge ' agent or agents shall be empowered to receive the said bonds or contracts from the Governor and Comptroller General, and to make all such arrange- ments as in his or their judgment may he deemed expedient for procuring the said money, and placing il I" the credit of the State, subject to the draft or order of the President of the Hank of the State "I' South Carolina. III. The President and Directors of the said Bank are authorized and Loans, to be required, from the moneys so borrowed, to loan to such applicants as will rebuild the portion of the Citj of Charleston which has been destroyed by the late lire, one million of dollars, if so much be required, under the follow- ing terms and regulations, viz : Clause 1. As soon as the said loan, or any portion thereof, may be Loans, liow to effected, any applicant desiring to build upon the said burnt district may avail himself of the benefit thereof by making application to the said Bank, setting forth a description and estimated COSt of the building be proposes to erect, together with the situation and dimensions of the lot whereon the building is proposed to be placed, and an abstract of his title thereto ; and upon the President and Directors of the said Bank being satisfied with the title, and that it is free from incumbrance, they shall direct the said lot to be valued by the Commissioners hereafter named, who shall certify their valuation to the President and Directors, whereupou the said President and Directors are authorized and instructed to loan to the said applicant one-half of the appraised value of his said lot: Provided, That before any loan be actually made, and money advanced to said applicant, it shall appear that work has been done to the amount of one-fifth of the estimated cost of the building; and all applications for the said loan shall be made within three years lrom the passiug of this Act. Clause -■ The applicant shall enter into bond, in a sufficient penalty, with Applicants to condition to pay to the President and Directors of the said Dank of the s ' Stale, each principal sum which may be loaned him, in ten equal annual instalments, the first of which shall lie payable within four years from the date of the bond ; also, with condition to pay the interest annually; also, with the further condition that the money loaued shall, within one 3 r ear from its receipt, be expended in the erection of brick or stone buildings, with roofs or coverings aud cornices of incombustible material, upon the said lot of land ; and, also, that the said applicant shall, in all respects, comply with the provisions of this Act; and the said bond shall be secured by a mort- gage of the lot of land, which mortgage shall be in the following form': "I, do assign over to (be President and Directors of the Bank of the Mortgage, State of South Carolina, their successors or assigns, forever, my — [hero 30 STATUTES AT LARGE a. d. 1861. describe the estate particularly] — which estate I declare to be in mortgage y - for securing the repayment of such sum or sums of money as maj be loaucd uuiler the Act for ng the City of Charleston, passed in December, eighteen hundred and sixty-one, with interest, insurance, and so forth, and agree that the same ma}' be exposed for sale, according to the provisions of the said Act. if do not repay the princi- pal, interest, insurance, and so forth, at the several and respective times on which they shall be lawfully due and payable. Witness hand and seal, this day of , one thousand eight hundred and sixty " On which mortgage, should the applicant be mar- ried, a renunciation of dower by the wife shall be made, according to law. and which mortgage shall be valid to all intents and purposes, as if more formally drawn ; and if the said mortgage should, at any time, become forfeited, either by failure to pay any part of the principal or interest of the said debt at the time specified, or by a breach of any of the conditions of the saiii bond, the President and Directors of the said Bauk shall and may, after six months' nntice to the obligor, his heirs, executors, adminis- trators or assigns, either personally served or published in one or more public gazettes in the City of Charh Bton, proceed to sell the property mort- gaged, by auction, ;.s hereinafter provided, for the best price that can be obtained for the same, which said sale shall be advertised for three weeks previously, in one or more of the public gazettes of the City of Charleston; and the moneys arising from such sale shall be. applied by the President and Directors of the said Dank in satisfaction of the said bond, and any expenses arising from the said sale, any law, usage or custom to the contrary thereof, in anywise notwithstanding; aud the purchaser at such sale, his heirs aud assigns, shall be deemed to be seized of a good, and absolute, and letral estate, in fee simple, of the premises purchased, as against all parsons whomsoever, their heirs aud assigns, not claiming by or under a paramount title. Further loans. 3. Whenever the amount first loaned shall have been expended in the erection of buildings as aforesaid, the said applicant, his heirs at law, legal representatives, or assigns, may make appl or a further loan, where- upon the President and Directors of the said Dank shall cause the said Com- missioners to ascertain and report whether the sum orignally loaded has bi en applied as aforesaid, and upon the same being certified to the said President and Directors, they shall make to such applicant, his heirs at law. repre- sentatives and assigns, a further loan, equal in amount to one-half the apt raised value of said lot, should so much be necessary to complete the improvements thereon, which said loan shall be taken upon the same terms, and subject to the same conditions, as the first; and a further loan shall be made, equal to one-half the value of the lot, should so much be required OF SOUTH CAROLINA. 31 to completo the improvements thereon, whenever the said Commissioners A. D. 1861. shall certify to the President and Directors of the said Hank that the ' w— y"~"' amount already loaned hi- been actually expended agreeably to the pro- visions be made or increased, certify their valuation to the Hank, aud make such report of facts as may I v and proper to enable the said Bank to discharge its duty to all in < nccrned. • >. In all cases where the value of the lot has been loaned, it shall be Tnsuranceto be the duty of the borrower to cause insurance to be effected upon the build- thereon, and to keep the sami d, and to assign the policy to the Bank as collateral security; and in ease the Said borrower shall neglect so to do, the Bank shall cause insurance to be effected or renewed in behalf of the President and Directors of the said Bank, and shall deinaud from the said borrower the premium of insurance paid, and all expenses ; and if the same are not paid within two i it li-. then the bond given by such bor- rower shall be considered forfeited, and he shall forthwith be bound to pay up the whole of his debt, as though the instalments had all been made payable at such date of forfeiture, if the said Bank shall deem it expedient to require payment of the same ; and in all eases where a policy of insur- ance is required by this Act, the Bank may accept in lieu thereof some other collateral security. 6. No loan shall be made upon any lot upon which there may be a Wooden build. n building, unless sufficient security be first given that the same shall from loan. be removed within i ■■■ ■ his Act.. 7. i'he interest to be charged on the said loans shall be fixed Lit as low a Interest qb rate as will cover the interest to be paid by the State, with the necessary 32 STATUTES AT LARGE A. D. 1SC1. Single bonds Abstract oftitle and title deeds unrecorded. Policy of insurance. Loan, prelim- inary applica- tion'for. Ordinance to guarantee state. Lessee or tenant for life, loans may be made to. Mortgage a charge upon land. charge of remittance ; but the said rates shall, in no event, exceed eight per cent, per annum. 8. The applii int for a loan maj execute a single bond, with a penalty sufficient to cover all loans which may be made to him in virtue of the said Act, and a single no to secure the said bond; and the said bond and mortgage .-hall .ued by the Attorney General as to em- brace all the loans which may be made under the said Act; and the niort- 80 executed shall be deemed and taken as effectual to protect and secure all such loans as are within the amount of the penalty of the bond, in the same manner as though the whole amount which shall be subse- quently loaned had been loaned at the date of the said bond and mortgage. 9. The applicants for the said loan shall be required to furnish the Hank only with an abstract of their title, and with such title deeds as may be in their possession not recorded. They shall not be required to furnish copies of any evidence or muniment of title or mesne conveyance, which has been recorded in the proper public office. 10. The policy of insurance which shall be required from any applicant for a loan -shall be deemed sufficient, if taken for such amouut as it is cus- tomary for insurance offices within the State to take upon any single risk. 11. Preliminary applications for the said loan shall be received by the Bank from any applicant, setting forth the description and estimated cost of the building proposed to be erected, together with the situation and dimensions of the lot whereon the building is to be placed ; and the Presi- dent and Directors of the Bank, upon receiving such application, shall, even before information as to the condition of the title, direct the lot to be valued by the Commissioners appointed for that purpose; and the said Commis- sioners shall value the same, and certify their valuation in the manner provided by this Act; and the President and Directors of the Bank shall thereupon inform the applicant of the sum to which he will be entitled on complying with the provisions of the law; but no loan shall actually be made until the applicant shall fully have complied with the provisions of this Act. IV. Before the said loan is effected, the City of Charleston shall, by an ordinance to be duly ratified by the city authorities, guarantee the State against all loss to arise from loans to be made under the authority of this Act. V. The lessee or tenant for life of any lot or lands within the said Dis- trict shall be allowed the benefit of the provisions of this Act, if the owner of the reversion or remainder join in the mortgage to secure the amount loaned, in such form as may be advised by the Attorney General VI. The mortgage executed by the applicant shall be a charge upon the land in favor of the said Bank and its assigns, from the date of its regis- try in the office of Mesne Conveyance, against all persons whomsoever ; OF SOUTH CAROLINA. 33 f and all mortgages shall bo recorded, or lodged in the Register's office for A. D. 1881. record, by the applicants, before any money shall be paid by the Bank. "— "~ v— — ■ ' VII. That the fees of each public officer who shall furnish certificates to Pees and doty be used in procuring the said loan, shall be, as is usual, twelve and a-half cents for searches through all their books for each name, and sixty-two and a-half cents for their certificate; but no public officer shall demand or receive from auy applicant for the said loan more than two dollars for all searches, certificates and services, which may be made, given or rendered in his office for the Baid applicant upon any one application for a loan; and every public officer who shall demand or receive more than two dollars for all searches, certificates ami services, inclusive, or who shall refuse to per- form the usual duties of the office at the request of any such applicant, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any Court of competent jurisdiction, shall be subject to fine and imprisonment, at the discretion of the Court. V I I I . That no charge shall be made against any applicant for a loan, by Bond nn,t the Attorney General, for the bond and mortgage required to be taken by charj the Rank, nor for any other professional service rendered by him in the arrangements for a loan. IX. That any person owning a lot upon which a brick or stone building Buildings com- shall have been commenced since the fire of December, instant, shall bethefire,l entitled to receive all the instalments of the loan which he could have underAot. 6 claimed under this Act. if he had made application before the commence- ment of the work : Provided, he shall substantially comply with all the con- ditions required of an original applicant who shall have received the same number of instalments, and shall substantially give to the Bank security equal to that which would have been required of such original applicant. X. And whereat the frequent visitations of the City of Charleston by Fire-proof fire, the destruction of property, and the loss of life occasioned thereby, admonish the State of the evil of permitting other than tire-proof buildings in the said city ; and whereat the funds of this State herein authorized to be advanced on the security of buildings in the said city may be endan- • 1, and no inducement is offered to individuals to erect fire-proof build- ings so long as others are allowed to build in their immediate neighborhood of combustible materials; for remedy whereof, that hereafter it shall not be lawful to build, put, erect or construct, within the City of Charleston, any wooden or frame building or cornice, or to cover any building with a roof of combustible materials, except as now authorized by law. And all persons applying for loans under this Act shall be required, as one of the conditions of the loan, to have a cistern on each lot mortgaged for the Baid loan. 5 34 STATUTES AT LARGE I A. D. 1861. XI. Whenever default shall ho made in the payment of any of the instal- < ' ments of the principal sum of anv of the said loans, or of the annual interest, Instalmi ... .... in i ;iy- premium of insurance, taxes, or incidental expenses, aforesaid, at the times Trn-nt of, rem- .,,... . , , • . • 1 ,, , edy for. respectively hunted and appointed by this Act, it shall be the duty of the President and Directors of the Bank of the State of South Carolina to cause the property mortgaged to secure the payment of any such loan to be sold for the satisfaction of the entire debt, as herein provided, and shall exe- cute conveyance thereof to the purchaser. But such sale shall not be made for cash, but for such portion of the price for which the same may be sold as may be equal to the amount then actually due on the said loan to be paid in cash, and for such credit as to the residue as the debtor would have been entitled unto for the residue of the debt, if the part thereof then past due had been actually paid, and the purchaser at a sale of property so made, shall give bond and mortgage, as provided for in this Act, and he shall be subject to the provisions of this Act in relation to the enforcement of pay- ments, and the said President and Directors may require personal or other further security, if they consider the same expedient. Mortgages, XII. That the Commissioners of Public Buildings for Charleston District be provided, shall provide one or more volumes of blank forms of the mortgage prescribed by this Act, to be furnished the Register of Mesne Conveyances for said District, in which the mortgages taken under this Act shall be recorded ; and the fee for recording such mortgages shall he one-half the rates now allowed by law. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one, and in the eighty- sixth year of the sovereignty and independence of the State of South Carolina. WILLIAM D. PORTER, President of the Senate. JAMES SIMONS, Speaker House of Representatives. No. 4578. AN ACT to incorporate the Insurance and Trust Company op Charleston, and the Calhoun Insurance Company. I. Be it enacted by the Senate and House of Representatives, now met and Name. sitting in General Assembly, and by the authority of the same, That the persons who shall become stockholders, in the manner hereinafter prescribed, shall thereupon become, and they and their successors and assigns shall be, OF SOUTH CAROLINA. • 35 a body politic and corporate, under the name, style and title of "The a. d. iS6i. Insurance and Trust Company of Charleston." ' <— -* II. The capital stock of said company shall be two hundred thousand' Capital Stock, amount of. dollars, with the privilege of increasing the same to five hundred thousand dollars, which shall be divided into shares of twenty-five dollars each, and shall be raised in the following manner: The following persons are hcrebv Commissionera , . . .... . J !•'■ live sob- appointed Commissioners to receive subscriptions, to wit : Charles Kcrrison, Bcriptdons, time Joseph Provost, and Samuel 11. Mortimer; and said Commissioners, or a majority of them, shall, on the thirtieth day of December, instant, and the day following, from ten o'clock of the forenoon until two o'clock of the afternoon, of each day, at such placo in Charleston as they shall appoint, receive subscriptions to the capital stock of the said company, from all per- sons offering to subscribe thereunto, and paying, at the time of subscribing, five dollars for each share subscribed by them, respectively — payment thereof to be made in specie, or in the bills of the banks of this State, or in stocks or bonds of the Confederate States, of the State of South Carolina, or of the City of Charleston, or in Confederate Treasury Notes, or other good and valid securities within the Confederate States — the stocks, bonds and securities so taken, to be estimated by the Commissioners at the market value thereof, at the time of subscribing : Provided, That the said Commissioners shall give at least five days' notice, by advertisement in the daily papers of the City of Charleston : And provided, That should a larger sum than two hundred thousand dollars be subscribed, then the amount so subscribed shall be the capital stock of the company, with the privilege of being increased as above provided. III. That if more than five hundred thousand dollars shall be subscribed, Distribution of the Commissioners shall distribute the shares of which the capital stock of scriptions are the said company is to consist, among the subscribers, as nearly as may be in proportion to the number of shares subscribed by them respectively : Provided, always, That no subscription for not more than five shares shall be reduced, unless the whole number of shares subscribed cannot be otherwise reduced to five hundred thousand dollars. IV. That in case the number of shares subscribed on the two days Additional sub- hereinbefore appointed for receiving subscriptions, shall be less than two urnier. "*' ' hundred thousand dollars, the Commissioners shall coutinue to receive, at any time within the ten days next ensuing, further subscriptions, not exceeding such number of shares as, with those already subscribed, shall make up the amount of five hundred thousand dollars, due public notice thereof having been previously given, as hereinbefore provided. V. That the said company, under its said name, shall have perpetual Corporate frnn- - — ^ according to the usage and custom of merchants, and by snob contracts effectually to bind and pledge their said capital stock: Provided, That it shall not be lawful for the said company to lend money on the security of their own stuck: Provided, alto, That the total amount of the moneys so received on deposit, or of the promissory notes and bills of exchange in the possession of the said company, shall not, at any one time, exceed one- half iis capital actually paid in: And provided, also, Thai the amount to the credit of any one depositor shall at no time exceed the sum of twenty thousand dollars: Provided, also, Thai in case of the failure of the ipany, each stockholder, copartnership and corporation, having a share or shares therein at the time of failure, or at any time within six months previous to such failure, shall be held individually liable and bound, to double the amount of the shares held by them, respectively, lor the pay- ment of all such sums as shall have been received by the company on deposit. VIII. That it shall be lawful tor the Court of Chancerv. or any other Roeeivor, . . , '. . _ . < "in- may Court, to cause an\ money in the custody or under the direction ot the appoint the Court, belonging to infants or lunatics, or other persons, to he deposited witli the said company ; and it shall also lie lawful for anj Court to appoint the said company receiver, in oases in which a receiver is necessary; and the said company, as such depository or receiver, shall allow an interest of not less than four per cent, on all sums so deposited or received, until the same shall be duly disbursed, without any charge for receiving or paying the same : Provided, That nothing herein contained shall lie considered as enjoiniug on the said Court, but only as permitting such deposit or appoint- ment. IX. That the said corporation shall be, and they are hereby, invested Powers over with full power to enforce upon their members the due observance of all laws, rules and regulations, for their better government, under such penal- ties as they shall, in and by such by-laws, limit and prescribe ; and to that end, if need be. shall and may institute and maintain, in their said cor- porate name, against any one or more of their members, either at law or in equity, all just and necessary suits, actions and pleas, for the recovery of all and any sum and sums of money, to the use of the said corporation, in as ample a manner as such suits might be maintained against persons not members of the said corporation ; any law, usage or custom to the contrary thereof, in any wise notwithstanding. X. That in all elections, and other corporate acts done by the stock- Votes propor- holders of the said company, every stockholder, being the owner of five 38 STATUTES AT LARGE A. P. ISM. Basinet menccment of. Invested, one- third capital to be. Books may be examim-d by Legislature. Remaining instalments. Calhoun Insurance Company. Capital Stock. Commissioners Books to bo opened. pharos, shall hare one vote ; and for every additional ten shares, one vote : Provided, That no stockholder shall be entitled to more than forty votes. XT. Whenever one-fourth of the capital of the said company shall have been paid in, and satisfactory proof thereof shall have been furnished to the Comptroller General, the said company shall be authorized to com- mence busin XTT. That at least one-third of the capital of the said company shall be permanently invested in stocks or bonds of this State, of the Confederate States, or of the City of Charleston, or in any other good stocks or bonds of incorporate companies within the State; and the company may transfer and sell said stocks or bonds, or any part thereof, for the purpose of re-invest- ment, whenever a due regard to the safety of its funds may require : Provided, however, That the company shall not deal or trade in buying or selliug any goods, wares, merchandise, stocks or commodities whatever. XIII. That the books of the said company shall be examined, from time to time, by such person or persons as the Legislature may, for that purpose, appoint ; and the persons so appointed shall have full power to examine upon oath, to compel the attendance of witnesses and the production of papers, and inquire into the management of the company; and in cases of mismanagement, or violation of their charter, the said company may be proceeded against by scire farim, in tho Court of Common Pleas and General Sessions for Charleston District, and, upon conviction, shall be liable to have their charter annulled by the judgment of the Court. XIV. The Board of Directors of the said company are hereby empowered to call in the remaining instalments on the shares of the capital stock, in such sums, and at such times, as they may deem advisable : Provided, Two weeks' notice be given of each call. And the said instalments shall be payable in the same medium as heretofore provided as to the first instal- ments of five dollars. XV. That the persons and bodies coporate who shall become stockhold- ers, in the manner hereinafter prescribed, and their successors, shall be a body politic and corporate, under the name, style and title of " The Cal- houn Insurance Company of Charleston." XVI. The capital stock of said Company shall be two hundred thousand dollars, to be divided into eight thousand shares, of twenty-five dollars each, and shall be raised in the following manner : The following persons are hereby appointed Commissioners to receive subscriptions to the capital stock, to wit : Samuel Y. Tupper, William Kirkwood, John S. Riggs, George M. Coffin, and C. D. Barbot. The said Commissioners, or a majority of them, shall open books at such places in Charleston as they shall appoint, on the thirtieth day of December, instant, from nine o'clock of the forenoon until, five o'clock of the afternoon, and receive subscriptions to the said stock : OF SOUTH CAROLINA. 89 Provided, Tho said Commissioners shall have given at least one day's a. P.isei. notice, by advertisement in two daily gazettes in the City of Charleston, of *"" ~~y— — ' the time and place of receiving the subscriptions, and shall require a pay- ment of five dollars on each share to be made at the time of subscription therefor — payment thereof to be made in the bills of the banks of this State, or in stocks or bonds of the Confederate States, of the State of South Carolina, or of the City of Charleston, or in Confederate Treasury Notes, or other good and valid securities within the Confederate States— the stocks or bonds to be estimated at the market value by the Commissioners XVII. That subscribers paying their subscription money, respectively, shall form the company, upon complying with the conditions, and subject to the provisions, hereinafter set forth. XVIII. That if at the opening of the books more than eight thousand Distribution of shares shall be subscribed, the Commissioners shall distribute the eight axm thousand shares of which the capital stock is to consist among the subscri- bers, as nearly as may be in proportion to the number of shares subscribed for by them, respectively, but subscriptions of twenty shares or less shall not be reduced, unless the whole number of shares subscribed for cannot other- wise be reduced to eight thousand. XIX. That in case the number of shares subscribed shall be less than Further sub- eight thousand, the Commissioners shall receive further subscriptions to less thans,ooo. make up that number at any time within one year after the first opening of the books. XX. That the said company, under its name, shall have succession of Franchises, officers and members, and all the powers, privileges and franchises incident to a corporation, ami shall bo 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, disposing of or investing tho increase, profits, or emoluments, of their said capital stock; and shall have full power and authority to have and use a common seal, and tho same to alter and renew at their pleasure; aud by the name and title afore- mentioned shall be able and capable, at law and in equity, to sue and be sued, implead and be impleaded, answer and be answered unto, in all man- ner of suits, pleas, demands and judicial proceedings whatsoever. And they are authorized and empowered to appoints President, Directors, and other necessary officers, at such periods, and with such duties, as the said company shall see lit, and also to make rules aud by-laws for the good gov- ernment and management of the officers of the corporation : P . The said rules and by-laws shall not be repugnant to the Constitution and Laws of this State and of the Confederate States. XXL That the said corporation shall have right and power to acquire, Real . purchase, take, and hold, in its corporate name, lauds aud real estate, aud acquired. 40 STATUTES AT LARGE a n.1861. the same to demise, grant, sell, assign, exchange and convey, in fee simple Y or otherwise: Provided, The clear yearly income of the real estate so to be held shall nut at any time exceed r. n thousand dollars. ">«> XXII. That the said company is hereby authorized and empowered to privileges. . . . ' . make contracts and underwrite policies ol' assurance and idemnity against fire on buildings, goods, wares, merchandise, shipping, and other property, situate, lying, being, or deposited in this State, or elsewhere, as well as in the City of Charleston ; ;nid also to make contracts and underwrite policies of assurance and indemnity apon marine risks, whether of vessels or of goods, merchandise or chattels, in whole or in part foreign and domestic, whether upon the high seas, or in foreign porta, or in ports of the Confed- erate States, or within any of the rivers, bays, creeks, canals, or waters of this or any other State or country ; and also to lend or advance monev upon bottomry or respondentia. Dividends, XXIII. That in case of any loss, whereby less than one-third of the cap- ital stock of the said company shall be lost, during the continuance of this charter, no dividend shall thereafter be made until the deficiency shall be made up by the stockholders, or the company, or by the accumulation of the profits of its business. Lost capital to XXIV. That if the capital of the company be reduced by losses to less corporation ° r than two-thirds of the original capital stock, the deficiency shall be made up by the stockholders, in sis months after such reduction shall occur, and in default thereof, the affairs of the corporation shall be wound up, aud they shall cease to do business. Officers individ- XXV. That if the affairs of the corporation are not wound up, as directed what case. ' in the preceding section, and they proceed with business, then the Presi- dent and Directors shall be jointly, and severally liable to make good all engagements of the company, entered into after the reduction of the capital ; but nothing in this section shall extend to any President or Director who shall dissent to the proceedings of the company in these particulars, and who shall enter his protest in the minutes of the Board, and publish the same in the daily gazettes of the City of Charleston, or who shall be absent from the State during the six months in which the deficiency of capital ought to have been made up. Powers over XXVI. That the said corporation shall be invested with full power to members. . ,.111 3 \_ ^ i> enforce upon their members the due observance 01 all rules and by-laws tor the good government and management of the affairs of the company, under such penalties as in and by the said rules and by-laws shall be limited and appointed, and to this end, if need be, shall and may institute and main- tain, in their corporate name, against any one or more of their members, all necessary suits, actions and pleas, either at law or in equity, for the recovery of any sum or sums of money, to the use of the said corporation, in as ample OF SOUTH CAROLINA. 41 a manner as such suits might be maintained against persons not members of A. n. 1861. the corporation. v — y-~" / XXVII. That in all elections and other corporate acts done by the stock- Vote propor- holders of the said company, every stockholder shall be entitled to one shares, vote for each share owned by him or her, or standing in his or her name : Provided^ That no stockholder shall be entitled to more than forty votes. XXVIII. That one-fourth of the capital of the company shall be paid in, Business, com- ■ *»i nii^-ii i_ n n^t mencement o£ and satislactory proof thereot be furnished to the Comptroller General, before the said company shall be authorized to commence business ; and the residue of the capital shall be paid in at such times, and in such manner, as the company may appoint : Provided, The whole shall be paid within one year after they shall have commenced business. XXIX. That the books of the company shall be examined, from time to Books may be 11 i x • i r> i milled by time, by such person or persons as the Legislature may, for that purpose, Legislature, appoint; and the persons so appointed shall have full power to compel the attendance of witnesses and the production of books and papers, and to inquire into the management of the company. In case of abuse or viola- lation of their charter, the said company may be proceeded against by scire facing, in the Court of Common Fleas and General Sessions for Charleston District ; and upon conviction, shall be liable to have their charter annulled by the judgment of the Court. XXX. That at least half of the capital of the said company shall be Invested, half permanently invested in stock of this State, or of the City of Charleston, or of the Confederate States, or in good stocks of incorporated companies within this State, or in bonds secured by mortgage of real estate within the State ; and the company may transfer and sell such stocks, or any part thereof, or dispose of or collect the said bonds, for the purpose of reinvest- ment, whenever a due regard to the safety of its funds may require : Provided, however, That the said company shall not deal or trade in buying and selling any goods, wares, merchandise, commodities or stocks, whatsoever. XXXI. That no dividend upon the capital of the company shall be Dividends, declared exceeding twelve per cent. ; any excess of profits above said per centage shall be carried to a surplus fund, to meet losses and equalize divi- dends. In case the profits fall below the per centage above specified, the dividends may be increased to that rate from the surplus fund. The interest upon the investment of said surplus fund may, however, bo at all times added to the dividend, and distributed among the stockholders. XXXI I. The Board of Directors are hereby empowered to call in the Ron-winnie remaining instalments on the shares of the capital stock, in such sums and at such times as they may deem advisable : Provided, Two weeks' notice 6 42 STATUTES AT LARGE A. D. lsoi. be given of each call; and the said instalments shall be payable in the same v— ""y - "— ^ niedimu as hereinbefore provided as to the first instalment of five dollars. XXXIII. That this Act shall be deemed a public Act, and the charters hereby granted shall continue and be in force for twenty years. In tlio Senate House, the twenty -first day of December, in the year of our Lord one thousand eight hundred and sixty-one, and in the eighty- sixth year of the sovereignty and independence of the State of South Carolina. WILLIAM D. PORTER, President of the Senate. JAMES SIMONS, Speaker Route of Representatives. No. 4579. AN ACT in reference to the Suspension of Specie Payments by the Banks of this State, and for other purposes. I. Be it enacted by the Senate and House of Representatives, now met Acts of Assom- and sitting in General Assembly, and by the authority of the same, That bly, suspension . . . of certain. the operation of the third section of an Act entitled " An Act for the sus- pension of certain sections of certain Acts, and for other purposes," ratified on the twenty-first day of December, in the year eighteen hundred and fifty- seven, as amended by the sixth section of an Act entitled "An Act to regulate the mode of electing Directors of the Bank of the State of South Carolina, and for other purposes," ratified on the twenty-first day of Decem- ber, in the year eighteen hundred and fifty-eight, be, and the same is hereby, postponed until the first day of January, in the year of our Lord one thou- sand eight hundred and sixty-three. II. That the second section of an Act entitled "An Act to provide against the suspension of specie payments by the Banks of this State," passed on the eighteenth day of December, in the year of our Lord one thousand eight hundred and forty, be, and the same is hereby, suspended until the first day of January which will be in the year one thousand eight hundred and sixty- three. III. That the fifth section of an Act entitled "An act to re-charter tho Planters and Mechanics Bank of South Carolina ; the Union Bank of South Carolina; the Commercial Bank of Columbia, South Carolina, and to incor- porate the Exchange Bank of Columbia ; the Farmers and Exchange Bank, and the People's Bank of Charleston ; the Bank of Newberry; the Bank of Chester; the Bank of Sumterville ; the Planters Bank of Fairfield, and the OF SOUTH CAROLINA. 43 Western Bank of South Carolina, at Auderson," passed the sixteenth day a. d. I86i. of December, in the year of our Lord one thousand eight hundred and fifty- ^"~~"v~- / two, and all sections of other Acts containing the like provisions, be, and the same are hereby, suspended until the first day of January which will bo in the year of our Lord one thousand eight hundred and .sixty-three. IV. That in case any of the Banks of this State shall be compelled, by Banks may any exigency arising out of the existing war, to close any of their offices in focatJon? any of the places in which they are now established by law, that then and in such case, the said Banks be, aud the same are hereby, authorized to estab- lish their respective offices and transact their business, during the contin- uance of the said exigency, in any other suitable place or places within the State, as their respective Boards of Directors may determine ; and the said Boards of Directors shall judge of the existence and coutinuance of the exi- gency aforesaid. V. That the bills or notes, and all other money engagements of any of mil*. *<•„ made the said Banks which may be compelled to close their present offices or location. places of business, and establish them elsewhere, as aforesaid, be, and the same are hereby, made payable at their respective new places of business; and all bills, drafts, notes and other negotiable paper, held by the said Banks and made payable at their old places of business, may be presented for acceptance or payment, and protested for non-acceptance or non-pay- ment, at their new places of business, in the same manner, and with the same legal effect, as tj demand cm drawer and maker, and notice to endorsers, as if the said bills, drafts, notes, or other negotiable paper, had been uiado payable at their said new places of business. VI. That the said Boards of Directors be, and are hereby, authorized and empowered to make all needful rules and regulations to carry the provisions of this Act into full and complete effect, according to the true intent and meaning thereof. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one, and in the eighty- sixth year of the sovereignty and independence of tho State of South Carolina. WILLIAM D. PORTER, President of the Sena/e. JAMES SIMONS, Speaker Huuse of ReprcsaUatiet*. 44 STATUTES AT LARGE A. P. 1S61. No. 4580. am act to incorporate tiie trenholm mutual insurance Company. Name. Capital Stock. Books to be opened. I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the Commissioners hereinafter named, with such other persons as shall become stockholders, in the manner hereinafter prescribed, and their succes- sors, shall be a body politic and corporate, by the nauieaud style of the Tren- holm Mutual Insurance Company. II. That the capital stock of the said Company shall be two hundred thousand dollars, which shall be divided into eight thousand shares of twen- ty-five dollars each, with the right to increase the same six hundred thousand Commissioners, dollars more, in script capital. The following persons shall be, and are hereby, appointed Commissioners to receive subscriptions, to wit : John S. Riggs, A. S. J. Perry, Simons Lucas, Jr., Abbott B. White, and George Lamb Buist. The said Commissioners, or a majority of them, shall, at Charleston, on the second Monday in February next, from nine o'clock in the forenoon until five o'clock in the afternoon, at such place as they shall appoint, open books and receive subscriptions to the capital stock of said Company : Provided, The said Commissioners shall have given at least teu days' notice, by advertisement in two daily gazettes in the City of Charles- ton, of the time and place of receiving the subscriptions, and shall require payment of five dollars on each share to be made at the time of receiving the subscription — the said payment to be made in specie, or in the bills of the banks of this State, or in stocks or bonds of the Confederate States, of the State of South Carolina, or of the City of Charleston, or in Confederate Treasury Notes, or in other good and valid securities within the Confederate States — the stocks and bonds and securities so taken to be estimated by the Commissioners at the market value thereof at the time of subscribing. III. That for the organization and administration of the Trenholm Mutual Insurance Company, hereby created, the said Company is invested with all the powers, privileges and immunities, and subjected to all the duties, restrictions and liabilities, conferred and imposed on the Elmore Mutual Insurance Company by an Act entitled "An Act to incorporate the Elmore Mutual Insurance Company, to be located in the City of Charleston," ratified on the twenty-secoud day of December, in the year of our Lord one thou- sand eight hundred and fifty-nine, and the charter of the " Elmore Mutual Insurance Company" is hereby made the charter of " The Trenholm Mutual Insurance Company," so far as the same is applicable, consistent with the modifications hereinbefore provided. Books, power to IV. In case the said Commissioners hereinbefore named, or a majority of Eg It" 8 ° Pen them, shall deem it advisable and proper to postpone opening the books of Corporate powers. OF SOUTH CAROLINA. 45 subscription for the capital stock of the said company on the second Mou- a. d. I86i. day of February next, they shall be authorized to do so ; and in that event, they arc empowered to open them on any day before the first Mon- day in October next, which they may determine on, after giving two weeks' notice, in' two of the public gazettes of the City of Charleston, of the time and place. V. That this Act shall be deemed and taken to be a public Act, and con- tinue in force for the term of twenty-one years. VI. The Board of Directors of the said company are hereby empowered Remaining to call in the remaining instalments on the shares of the capital stock, in such sums, and at such times, as they may deem advisable, to be paid in the medium above provided for: Provided, Two weeks' public notice be given of each call. In the Scnato House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one, and in the eighty- sixth year of the sovereignty and independence of the State of South Carolina. WILLIAM I). PORTER, President of the Senate. JAMES SIMONS, Speaker House of Representatives. AN ACT TO CHARTER A COTTON PLANTERS' LOAN ASSOCIATION. No. 4581. I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That Cotton Loan it shall and may be lawful for the citizens of this State to form one Cotton mode of Loan Association in each Congressional District in this State, as now con- stituted by law, in the following manner, that is to say: Whenever it is desired to form any such association, public notice thereof shall be given, by advertisement, by the Comptroller General, at the instance of at least thirty planters pledged to subscribe at least one thousand bales of cotton, at one Court Soma at least in each Congressional District, in which the office of such association is to be located, and in some gazette in Charleston and Columbia, for the space of two weeks, which notice shall specify the number of pounds of cotton to be subscribed, not less than two thousand nor more than ten thousand bales, averaging four hundred pounds each, and a copy thereof be tiled in the Executive Office of this State. At the expiration of (lie time of advertisement, books lor subscription of eottou shall be opened 46 STATUTES AT LARGE a. D. 1861. at such timc9 and places, and under the direction of such Commissioners, s "" ~v~"" ' or a majority of them, as shall he designated by the Governor. In case of under subscription, the Commissioners shall report the fact to the Governor, who may authorize the reopening of the books, at such further times and places as he may appoint. In case of over subscription, they shall reduce the same ratably among the subscribers, except that no subscription of twenty- five hundred pounds of cotton, or under, shall in the first instance be re- duced. Iu all cases, a report of their proceedings shall be transmitted to the Governor. As soon as the requisite number of pounds of cotton shall be subscribed, such of the Commissioners as may be designated shall appoint a convenient time and place for the meeting of the subscribers, and cause the same to be advertised for a reasonable time. At the time and place so appointed, the subscribers may appear, in person or by proxy, and the meet- ing having assembled, with the majority of the amount subscribed represent- ed, of which a proper registry shall be made, the subscribers shall vote for six Directors, to serve for one year, and until a new election shall be bad, in which election each subscriber shall be entitled to one vote for every twenty- five hundred pounds of cotton subscribed ; and the Directors so elected shall proceed forthwith to select one of their number as President, and shall also elect a Treasurer. The President and Directors shall immediately prepare, under their hands and seals, a statement of their election, of the number of pounds of cotton subscribed, and the corporate name which they desire to assume for the company, and shall transmit the same to the ofiiee of the Secretary of State, either in Charleston or Columbia, for registry. Upon receipt of such statement, the Secretary of State shall issue his cer- tificate, under the seal of the State, testifying that the provisions of this Act have therein been complied with ; and upon the signature of the certifi- cate by the Governor, the company shall be considered as formed, and an Act of incorporation shall immediately attach. Every association incor- porated by virtue of this Act shall have perpetual succession of officers and members, and be capable, in their corporate name, to sue and be sued, answer and be answered, plead and be impleaded, in all the courts of this State. They may have a common seal, and the same may alter at pleasure; may elect, in such manner as they shall determine to be proper, all neces- sary officers, whose election is not herein otherwise provided for, fix their compensation and define their duties and obligations j to make by-laws and regulations, not inconsistent with the laws of this State, for their own government, and for the due and orderly conducting of their affairs, charter, dura- II. That every company formed under the provisions of this Act shall continue as a chartered company until the first day of January, one thou- sand eight hundred and sixty -five : Provided, That no company shall bo formed after the removal of the blockade. OF SOUTTI CAROLINA. 47 III. That every association formed under this Act shall, before they are A.D.1861. entitled to any of the privileges hereinafter granted, deposit in the office Y "T p . , Pnvil of the Comptroller General such policies of insurance on the cotton so lct,onwhai tonus S6CU veil subscribed, as shall be approved by the Comptroller (iencral, and at the ex- piration of such policies, if such policies are not renewed within one week, it shall be tho duty of the Comptroller General forthwith to report that fact to the Governor, who shall forthwith issue his proclamation, declaring the charter of such association forfeited. IV. That whenever any association shall have Complied with all the Bills or notes, ■ iations foregoing provisions of this Act, such association shall have power to issue may issue. bills or notes, of any denomination not loss than five dollars, to be sigued by the President and countersigned by the Treasurer, (which shall be receiv- able in payment of tases and other dues to the State) : Provided, That the said notes shall not be taken in payment of the war tax of the Confederate States, unless the President of the Bank of the State and the Treasurer of the Lower Division shall be able to make it a condition of the loan to be made in relief ol'said tax, that the said notes will be received in payment of said loan : Provided, lunar, r, That the whole amount of such bills and notes shall in no case exceed the amount of six dollars for every hundred short, and fifteen dollars for every hundred pounds of long cotton, ginned and baled, so subscribed ; and shall be allowed to discount bills of exchange, at a rate of interest not exceeding six per centum per annum, and loan said bills or notes, so authorized to bo issued, at the same rate of interest ; and all said bills shall be redeemable iu gold and silver, six months after the blockade of our coast is removed ; and the President and Directors of each and every association formed under this Act shall be authorized and empowered to sell the cotton subscribed to such association at any time six months after said blockade is removed. V. That the bills or notes which may be issued by the order of any such Bills or notes, association, signed by the President and countersigned by the Treasurer promiasoryj* thereof, promising the payment of money to any person or persons, his, her nL or their order, or to the bearer, though not under the seal of the said association, shall be binding and obligatory upon such association, in like manner, and with the like force and effect, as upon any private person or persons, if issued by him or them in his or their private capacity, and shall be assignable and negotiable in like manner as if they were so issued by such private person or persons. VI. That dividends shall be made at least twice in each year by the said Dividonds. associations, of so much of the profits of said associations as shall appear to the lhnviors advisable; ami once in every year the Pdrcctors shall lay before the subscribers, at a general meeting, for their information, a full statement of the affairs of said association; and the President and Trcas- 48 STATUTES AT LARGE A. D.JBSL urer shall, on the first of every month, transmit a statement, sworn to by them, showing the amount of cotton on hand, the amount of bills and notes issued and in circulation, and the amount of loans and discounts made by such association ; and in case such report shall not be made for two consecutive months, as herein required, it shall be the duty of the Comptroller General to report that fact to the Governor, who shall forthwith issue his proclama- tion, declaring the charter of such association forfeited. VII. That in case of the failure of any association formed under this Act, each subscriber shall be liable and held bound, individually, for any sum not exceeding twice the value of the cotton subscribed by him, to be fixed by the Court before which such subscriber shall be sued, relation being had to the time of such failure. VIII. That any real estate, bills and notes, moneys, profits, or other held for'siiare- property whatever, which may, on the dissolution of said association, be owned or possessed by it, shall be held by the Directors of said association for the use and benefit of all persons holding shares in said association, at the time of its dissolution, and their legal assigns and representatives, in average and proportion to the amount of said shares. In the Senate House, the twenty-first day of December, in tho year of our Lord one thousand eight hundred and sixty-one, and in the eighty- sixth year of tho sovereignty and independence of the State of South Carolina. WILLIAM D. PORTER, President of the Senate. JAMES SIMONS, Speaker llouse of Representatives. Failure of Asso- ciation, liability in case of. Assets, on dis- solution, to be No. 4582. AN ACT to incorporate the Mutual Fire Insurance Company of Columbia. I. Be it enacted by the Senate and House of Representatives, now met Nome. and sitting in General Assembly, and by the authority of the same, That the Commissioners hereinafter named, with such other persons as are now, or may hereafter become, members in the manner hereafter named, and their successors, shall be a body corporate and politic, under and by the name, style and title of the Mutual Fire Insurance Company of Columbia. Capital stock. II. The capital stock of said company shall be one hundred and fifty thousand dollars, to be divided into six thousand shares of twenty-five dollars, with the right to increase the same to five hundred thousand dollars, OF SOUTH CAROLINA. 40 in script capital, in the manner and under the terms hereinafter prescribed. A. D. 1881. The following persons are appointed, to wit: Andrew Wallace. Edwin J. v ' T Commissioners. Scott, Andrew Crawford, John 11. Pearson, Jacob Lyons, R. L. Bryan, and R. D. Senn. Commissioners, or a majority of them, shall opi tobe books at Columbia, on the first Monday of February next, and receive sub- scriptions to the said stock : Provided, The Baid Commissioners shall have given at least ten days' notice, by advertisement in two dailj gazettes in the i'ity of Columbia, of the time and place ol receiving i ho subscriptions, and shall require payment of five dollars — payment thereof, and of all subsequent instalments, to be m ide in Bpecie, or in bills of the banks of this State, or in stocks or bonds of the Confederate States, of the State of South Carolina, of the City of Columbia, or in Confederate Treasurj Notes, or other good and valid securities within the Confederate States — the stocks, bonds and unties so taken to be estimated by the Commissioners at the market value thereof at the time of subscribing, on each -hare to be made at the of recefr ing the subscription. III. The subscribers paying their subscription money, respectively, shall company,! ,. , , . -ii i- • i i ■ ' i • Beriberi form the company, upon complying with, the conditions, and being subject the. to tli. | set forth. IV. 11 at the opening of the said books more than sis thousand sham b m- Bubscribed, the I ommissioners shall distribute the sis thousand Bhares of of excess of. which the said capital stock is to consist, among the subscribers, as nearly as may he in proportion to the number of shares subscribed by them, respect- ively, but subscriptions of ten shares or less shall not be reduced, unless the whole number of shares subscribed cannot be "i In rwise reduced. V. In Case the number of shares ed shall be less than six thou- Shares, fnrthei . . ,. ... . subscriptions if . the Commissioners shall receive further subscriptions, to make up lessthanS, thai number, at any lime within one year from the dale of opening the books. VI. That I Company shall have succession of oilieers and mem- bers, under its corporate name, ami all the powers, pn\ ilee.es and franchises, incident to corporations, -and shall be capable of taking, holding and dis- ng of their capital stock, according to such rules and regulations as they shall, from time to time, establish, ami also of tal ing, holding, disposing of or investing the increase, profit or emolument of the said capital stock ; and shall have full power and authority to have ami use a common seal, ami the same to .-liter v. at their pleasure, ami by the name and title afore- tioned shall be able, at law ami in equity, to sue ami he sued, implead and be impleaded, answer and be answered unto, in all manner of suits, pleas, demurrers, demands, and judicial proceedings. Ami thej are autho- rised and empowered to appoint a President, and Directors and Trustees, establish agem ither necessary officers, atsuch periods, and with such duties, as the said company may see tit, and alsi make rules and by-laws 7 50 STATUTES AT LAEGE a. d. uo. f. >r the good government and management of the affairs of the corporation : v ~ — "f~~~ ' Provided, The said rules and by-laws shall not be repugnant to the Consti- tution and laws of this State and of the < ionfi estate, ■'. The said corporation 6hall have the right and power to acquire, purchi and hold, in its corporate name, lands and real estate, and the same to grant, sell, assign, exchange and convey, in fee shnple or other- wise: Provided, The clear yearly income of then so to he held shall not, al any time, exceed the sum often thousand dollars. • General VTTI. The said corporation, in their name, and by the signature of the President for the time being, or by the signature of such other person, and in such form, and with such ceremonie . as they in their rules and by-laws direct, to make contracts and underwrite policies of insurance and Indem- nity against loss by fire, in the- same manner as is now granted to the " Fire- men's Insurance Company of Charleston," with the same rights, privileges and obligations, and subject to the same liabilities, as have been granted to the saiil " Firemen's Insurance Company of Charleston," except as to the power to take marine risks. Dividend, re- IX. In case of losses whereby less than one-third of the original cash strictions on, in .... _. ., _ , n , _ . ■ »,,/*■ •*" i os eoflosl capital is lost, no dividends shall be declared until the deficiency is made up hy the stockholders, or by accumulated profits, ami if said original capital is reduced to less than two-thirds, if the said deficiency is nut made up within six months, the company to be wound up ami cease to do business. If not so wound up, and the company proceed to do business, the President and Directors, jointly and severally, shall be liable to make good all engage- ments entered into after the last-mentioned reduction of capital: Proviaed, That the President or any Directors who shall enter his or their protest in the minutes of the Board, and publish their protest in th es of the City of Columbia, or who shall be absent from Columbia i six months when the deficiency ought to bo made up, shall no! lie SO liable. Power over X. The said corporation shall be invested with full power to enforce upon their members the due observance of all rules and by-laws for the good government and management of the affairs of the company, Under such penalties as in and by the said rules and by-laws shall be limited and appointed; and to this end, if need be, shall and may institute and maintain, in their corporate name, against any one or more of their memb ITS, all neces- sary suits, actions or pleas, cither at law or in equity, for the recovery of any sum or sums of money, to the use of the said corporation, in as ample a manner as such suits, actions or pleas may or might be maintained against persons who are not members of the corporation. Votes pmpor- XI. In all elections, and other corporate acts done by the stockholders turned to stock. of said company, every stockholder, being the owner of more than five shares, shall have one vote for every five shares, between five and fifty OP SOUTH CAROLINA. 51 shares, and an additional vote for every ten shares over fifty shares; but no a. d. isoi. stockholder shall be entitled to more than fifty votes. "^ ' XII. One moiety of the capital of the company shall be paid in, an I (Then . „ • i , i ,-, * n , , i i ,. company may satisfactory prooi thereol be tarnished to the '■ omptroiler U-eneral, before commence. lid company shall be authorized to commence business and the resi- due of said capital to be paid in at such timeB, and in such manner, as the company may appoint: Provided, Tbe whole shall be paid within one year after they comrj business. XIII. The books of the oompanj shall he examined, from time to time by such person or persons as the Legislature may, from time to time, appoint authority for that purpose, and persons bo appointed shall have full power to compel L ' the:' e of witnesses and the production of books and papers, and in- quire into the management of the company. In case of abuse or violation of their charter, they may be proceeded against by scire facias, in the Court of Common Pleas and General Sessions, and upon conviction, shall be liable to have their charter annulled by the judgment of the Court. XIV. At least one-half of the capital of said company shall be perma- 1 m. sr, propoi nently invested in stocks of this State, of the oity of Columbia, or of the invested. Confederate States, or in good stocks of incorporated companies within the State, or in bonds, set or< d by mortgage of real estate within this St:.te ; and the company may transfer and sell such stocks, or any part thereof, or dispose oi' or collect the said bonds, for the purpose of reinvestment, when- ever a due regard for the safety of its funds may require: Provided, how- ever, That the said company shall not deal or trade in buying and selling any goods, wares, merchandise or stocks whatever. XV. All the profits arising from the premiums received, and from tbe PiofUa, propoi . . ., ,. ^p-ii-i ''" n '" '"■ income and interest ot the company s investments, (alter deducting the inv amounts hereinafter lireeted to be paid,) shall be invested in the same manner, at i to tbe same restrictions, as directed and limited in the investment of tbe cash capital, until tbe accumulations shall amount to live hundred thousand dollars, represented by script, as hereinafter provided to led. XVI. The officers of said company shall, within one month of the expira- Profits, annual „ , - , . , ... „ estimates of, to tion ol each use ause an estimate to be made, as near as possible, oi bemade. tbe profits ol' said company during the preceding year, in which estimate the losses and expenses of the company for the year shall be deducted from the earnings of the company, and the income of its capital and invested accumulation during the same; the balance shall be deemed profits for such year. This estimate shall be binding and conclusive upon all persons, as well stockholders as those entitled to receive certificates of profits, as herein- after mentioned. After applying, from these profits, sufficient to cover tbe payment, of seven per cent, interest to the stockholders, and tbe stipulated 52 STA'lT'i'liS AT LARGE A.D.isr.i. iutcrest on all ontetanding- script of the company, twenty-five per cent, of ^— — v— ^ the residue of tin.- pr be paid in cash to the tookholders, as a dividend upon their stock, and the remainder thereof, to wil : seventy-five per cent,, shall be ap] the customers of the company for aaid year, and the script bo .11 bi or, as provided in the next section, Credits XVH. There shall, aunualh time of the ascertainment of profits, payei ol pre- . aforesaid, n the hoiks of said company to each person or cases to be made, with firm who ^-hall have paid any premiums U apany, on lisks terminate script evidence. ing without loss or any claim against said company, which .-hall have been earned (lining the preceding year, Buoh portion of Baid si )ier cent, of profits ascertained, as aforesaid, as the amount of snob, earned premiums (and not returned) by such person or firm, shall be of the whole amount of premiums earned bj the company — (less return premiums) — on risks terminating without loss or claim, as aforesaid ; and thereupou the said company shall issue to such person or firm ively, certificates, declaring him or them, or his or their assigns, to be entitled to his or their portion of the invested funds of said company, equal to the amount so credited to him or them on the books of the company, and also to the receipt, annually, out of the interests or income derived by said company from the investments of said profits, of an interest not exceeding six per cent.; and said certificate shall also contain a proviso that the amount named therein is liable for any future losses of said company, as provided in this charter; but no person or firm shall be credited, or receive a certificate for a share of profits not less than five dollars, nor for any fractional excess over even fives of dollars; and all such fractional excesses over even fives of dollars, shall be carried to the contingent fund of said company, and applied on account of charges and expenses. Script fund XVIII. The fund represented by the script, issued shall constitute a surplus or reserve of said company for the security and payment of losses, and be liable for any excess of losses and expenses above the earned premiums of any year, each later annual issue ol' script always to be first reduced, or wholly cancelled, before any previous annual issue is at all reduced, and all the issues of script be liable to reduction and cancellation before the capital stock shall be encroached upon. XIX. This Act shall be deemed a public Act, and the charter hereby granted shall continue and be of force for twenty-one years, and uo longer, In tlio Senate House, the twenty-first day of December, in the year of our Lord one. thousand eight hundred and sixty-one, and in the eighty- i ill year of the sovereignty and independence of the State of South Carolina. WILLIAM D. PORTER, President of the Senate. JAMES SIMONS, Speaker Howie of Representatives. OF SOUTH CAROLINA. 58 AN ACT to grant Exemption to certain Free Persons of Color *.b.i WHO .SHALL RETURN TO Tills STATE, FROM l'l.\ SOW PRO- ' « ' VTDED iiv Law. No- *o83. I. 7> // enacted by the Si lai i nd House of Representatives, now mot and sitting in General Assembly, and by the authority of th That all Free negroes, and every free colored person and persons, residents of this State, wh during the present war, has or have left, or ma} leave; this Si tte, in any o or employment of o military character, or in the employment of any person connected with the m rvice of this State or the Con- maj be at liberty to return to this State, and remain within the same, free from the penalties am provid sd by law against the return of free persons of color who have lefl tj In the Senate House, the twenty fl tda >1 December, in the year of our Lord one thousand eight hundred i j one, and in thi eighty- sixth year of tl 1 indepei lenci ■ tl ! at of South Carolina, WILLIAM D. PORTER, President o Jenate. JAMES SIMONS, Speaker House of Representatives. AN ACT TO INCORPORATE THE CAROLINA [NStJRANCE COMPANY. No. I. Be it enactedbj the Senate ami House of Representatives, now met and itting in General Assembly, and by the authority vl' the same, That the jier- Name, sons who shall become stockholders, in the manner hereinafter prescribed, shall thereupon become, and they ami their su< ssors and assigns shall be, one body politic and corporate, under the name, style and title of the Carolina Insurance Company. II. The capital stock of the said company shall be two hundred thousand rental stock. dollars, which shall be divided into eight thousand shares of twenty-five dollars each, and shall he raised in tile following manner: The following Commissioners persons shall he, and thej are hereby, appointed Commissioners to receive ""'"' subscriptions, on the several plans hereafter named: Augustus L. Tobias, Henry Cobia, and George A. Walter, and said Commissioners, or a majority of. them, shall, at Charleston, on the thirtieth day of December, instant, from nine o'clock of th( in until five o'clock of the afternoon, at Hi h place in Charleston as they shall appoint, receive subscriptions to 54 ST A iny, of trhoni formed. . distri* button of excess of. Further snb- Bl I ' n . : i aa it" li as than 8,000. om all pel • -cribe no time of subscribing, rived • ar share — I ' : - made in specie, or in the bills of the banks of this £ or in stuck- 1. r 1 IsoftheConi : oi Jtate'of South or of tlio City of Charleston, or in Confederate Treasury Motes, or in good and n be stoola and 'ii.l securities bo taken era at the market vab ibing: /'< ided, that the said Com- missioners shall givi ' 'ice days' notice, 1 ant in two . i /.i ..' iod in the City of Charleston., of the time and placi ni' ■ ing such subscriptions. III. And such said Bubscribei , tying their subscription money, res] ively, shall form the company above mentioned, upon complying with the conditions, and being subject to the clauses, hereinafter IV. If more than eight thousand shares shall be subs lis sioners shall distribute the eight thousand shares of which the capital s. the said company is to consist, among the subscribers, as nearly as may be in proportion to the number of shares subscribed by them, respectively i Provided, always, That subscriptions of five shares or less shall not be re- duced, unless the whole Dumber of shares subscribed cannot be other reduced to eight thousand. V. Tu case the number of shares subscribed ou the day hereinbefore appointed for receiving subscriptions shall be less than eight thousand, the Commissioners shall receive further subscriptions, not e such num- ber of shares as, with those already subscribed, shall make up the number of eight thousand shares, at any time during one year next following the Baid thirtieth day of December, instant. VI. The said company, under its name, shall have succession 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, regulations and institutions as they may, from time to time, establish; and also of taking, holding and disposing of, or investing, as the said corporation shall, from time to time, judge lit, the increase, profit or emolument of their said capital stock, to their own use; and shall have full power and authority to make, have and use a com- mon seal, and with such devise and inscription as they shall deem proper, and the same to break, alter and renew at their pie id by the name, style and title aforesaid, shall be able and capable, al law and in equity, to sue and be sued, implead and be impleaded, answer and be answered unto, in all or any of the courts or tribunals of this Slate, in all manner of suits, pleas and demands whatsoever; and they are hi rebj tuthorizedand empow- ered to appoint a President and other officers and six Directors, at such OF SOUTH CAROLINA. • periods, and with such dutii Bhall sec lit; and also to make rait by-laws and ordinances, and do everything needful for the good govern- s—— "v menl port of the aiiairs of the said corporation : Provi Thatthe said rules, by-laws and ordinances shall not be i ant to the i titution and laws of the Confederate ' of this Si V I I . The said o rporation shall h right and power to purchase, Real estate, acquire, take and hold, in the said corporate name, lands ana real estate and the same to demise, tnd convey, in fee simple or oth- erwise: Provided, the clear yearly income of (lie real esl I i be lield shall nut. at any tie id ten thousand d 'V' us. VIII. Th irporation shall have a right, and by their said names, General nature el' their President for the time being, or by the sij nature of such other person or person.-, and with icl monies of authen- ticity, as they shall from time to time, in ami by their rales and by-laws ordain and appoint, to make contracts, and underwrite policies of assurance ami indemnity upon marine risks, whether el' vessels, o md mer- chandise, in W h ole or in part foreign i tic. whether lying in foreign ports, or shipped upon the high seas, or in anj ports of the Confederate Stales, ot within any of the bays, creek , canals, oi waters of this Statp, lying, or being, or laden; and also, in like manner, to make contracts, and underwrite policies of insurance and indemnity against fire, on all build- . goods, wares ami merchandise, and other property liable to destruction •■I- aeeul. i i by or from iire. or i!# effect thereof, situate, lying, being or i in this Slate, or e : to lend or advance money upon bot- tomry or respondentia; to make insurance on lives, to grant ami purchase annuities, to lend money en flic security oi' real an operty, bonds, bills or promissory notes, to mat otl i lontract involving the duration of life, ami generally t ( i transact ami perform ail the business relating to ti aid, according to the usage and custom of mer- chants; and by such eontr. bo bind and pledge their said capital -hall not he lawful lor the said company to lend money on I he i ty of their own stock. IN. No dividend shall be deolared exi eeding twelve per c\'ni. per annum Dividends, re- .,,,., , . ■"Hi on. u] on the capital ot the said company, and an\ excess ol profits made at anj or from any Bource, above such per centage, shall be carried to a sur- plus fund to meet losses and equalize dividends. II' the profits at any time fall below the amount, then, and in that case, the dividends maj be increased to that ami plus fund: Provided, The capital he not thereby reduced, X. [n case of any loss whereby the capital stock of the said company loss of capital; Shall Bed during the continuance of the charter, no dividend shall oaso of. ifter he made until the deficiency shall either he made up by the 56 - AT LARGE a. D. ton. ■ third of qaenoea in Several liability Power over members. Votes propor- tioned to shares. Business, when to begin. i bj ii la- buri reserves power to examine. stockholders, or by the company, or until a sum arising from the profits of lis business, equal to Buch dimnnition, shall have been added to the capital. XT. If the capital mpany shall become reduced by losses below two-thirds thereof, the defi ball be made up by the stockholders in six months alter such redaction shall occur, and, iu detank thereof, the affairs of the corporation shall be wound up, aud they shall cease to do business. XII. Tf the affairs of the corporation are not wound up, as directed in the pi m, and they should proceed to do business, then the President and Directors shall be jointly and severally liable to make all engagements of the company incurred after the reduction of the capital id: Provided, That nothing in this section shall I atrued as to extend to any President and Director who shall dissent to the pro- ceedings of the company in these particulars, and who shall enter his pro- test on the minutes of the Board, and publish the same in the daily gazettes of the City of Charleston, or who shall be absent from the State dtuiug the six months in which the deficiency of capital should have been made up. XIII. The said corporation shall be, aud they are hereby, invested with full power to enforce upon their members the due observance of all laws, rules and regulations, fur their better government, under such penalties as they shall, in and by Buoh by-laws, limit and prescribe; and to this end, if need be, shall and may institute and maintain, in their said corporate name, against any one or more of their members, cither at law or in cquky, all just and necessary suits, actions and pleas, for the recovery of any stun or sums of money, to the use of the said corporation, in as ample a manner as such suits might be maintained against persons not members of the said corporation, any law, usage or custom to the contrary thereof, in any wise notwithstanding. XIV. In all elections and other corporate acts done by the stockholders of the said company, every stockholder shall be entitled to one vote for each share owned by him or her, or standing in his or her name: Provided, That no stockholder shall be entitled to more than forty votes. XV. One-fourth of the capital of the said company shall be paid in, and satisfactory proof thereof furnished to the Comptroller General, before the said company shall be authorized to commence business. XVI. The books of the said company shall be examined, from time to time, by such person or persons as the Legislature may, for that purpose, appoint; and the person SO appointed shall have full power to examine upon oath, to compel the attendance of witnesses and the production of papers, and inquire into the management of the company ; and in cases of mismanagement, or violation of their charter, the said company may be proceeded against by scire facias, in the Court of Common Pleas and OF SOUTH CAROLINA. 57 General Sessions for Charleston District, and, upon conviction, shall be a. D.i86i. liable to have their charter annulled by the judgment of the Court. v — n ' XVII. This Act shall continue ami be in full force for twenty-one years. and no longer. XVIII. At least one-half of the capital of the said company shall be Capital, propor- perraanently invested in stock or bonds of this State, or the City of inn Charleston, or of the Confederate States, or in any other good stocks or bonds of incorporated companies within this State, and the company may transfer and sell said stocks, or anj part thereof, for the purpose of rein- vestment, -whenever a due regard to the Bafety of its funds may require : Prox id ', '< tat the company shall not deal or trade in buying aud selling any goods, wares, merchandise or commodities whatever. XIX. The Board of Directors of the said oompany are empowered to call Instalments, in the instalments on the shares of the capital stock, in such sums, and at such times, as they may deem advisable: Provided, Two weeks' notice be given of such call. And the said instalments shall be payable in the same medium as hereinbefore provided as to the first instalment of five dollars. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one. and in the eighty- sixth year of 1 and independence of the Statu of South Carolina. WILLIAM D. PORTER, President of the Senat . JAMES SIMONS, Speaker House of Representatives. AN ACT TO AMEND AN A.OT ENTITLED " An Act TO ATD IN THE No. 4585. CONSTRUCTION OF THE GEORGETOWN RAILROAD." I. Be it enacted \)J the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That Endorsement i o t> ■ i • -i • ■ of bonds, condi- the first section ot an Act entitled " An Act to aid in the construction of tion of. the Georgetown Railroad," ratified the twenty eighth day of January, in the year of our Lord one thousand eight hundred and SIZty-one, be, and the same is hereby, altered and amended, so as to read as follows: -'That whenever the Geor etown Railroad Company shall have procured bona fide subscriptions for the capital stock in said company, to an amount suffi- cient to grade, bridge and prepare for the iron rails, twenty miles of said road, and it shall be shown by said company to the Governor of the State 8 58 STATUTES AT LARGE a. D. 1861. that said subscriptions are good and sol\ cut and whenever said company *■ — i~~" shall li I. bridged, and shall have ready to put down the timbers for the reoeption of rails, and fully prepared a section of twenty miles of said road, in B g I and substantial manner, with good materials, for putting "ii the iron rails and equipments, and the Governor shall be notified of these foots, and thai said Eeotion, or any part thereof, is not sub- ject to any lien whatever, other than that created in favor of the State by this Act, by the written affidavits of the President and Chief Engineer of said company, thi n the Governor shall oause to be endorsed by the Comp- troller General, upon the bonds of the said company, to an amount not ex- ceeding live thousand dollars per mile of said section, the guarantee of the State of South Carolina, pledging therefor the laith and funds of the State, which bonds shall be payable at such place in the Confederate States as the President of the company may designate, bearing an interest of six per centum per annum, payable semi-annually, and not having more than twenty years to mature. II. That the fourth section of the said Act be altered and amended, so as to read as follows : That when the said company shall have prepared, as aforesaid, a second section, or any additional number of sections, of twenty miles each, of said road, connecting with the section already completed, for the iron rails, chairs, spikes and equipments, as provided in the first section of this Art, and the Governor shall be notified of the facts, as before pro- vided, he shall, in like manner, cause to be endorsed for said company l^ke bonds of the said company, to an amount not exceeding five thousand dol- lars per mile, for each and every section of twenty miles of said road so prepared as aforesaid, but upon the terms and conditions hereinbefore pro- vided; and upon the endorsing of said bonds, the State of South Carolina shall be invested with a like mortgage or lien, without a deed from said company, upon said first and additional section or sections of said road so prepared, upon the rails and equipments, put or to be put. upon the same. for the payment of said bonds, and the accruing interest thereon : Pr<>ri,l,,!, That if the last section of said road shall be less than twenty miles, bonds of the said company shall be endorsed as aforesaid, for such section, for an amount in proportion to the distance, as provided in this Act ; but upon the same terms and considerations, in all respects, as required in regard to the bonds to be issued for the other sections of said mad. And when the whole of said road shall be completed, the Stale of South Carolina shall be invested with a lien, without a deed from the company, upon the entire road, including the sti.ck, right, of way, grading, bridges, masonry, iron rails, spikes, chairs, and the whole superstructure and equipments, and all the property owned by the company, as incident to or necessary for its business, lor the payment of all said bonds endorsed as aforesaid, as provided in this OF SOUTH CAROLINA. 69 Act, and for the interest accruing on said bonds. And after the Governor A.D.i8ei. shall have caused bonds iii In' endorsed, as provided in the first section of this Act, for the first section of the road, it shall not be lawful lor said company to give, create, or convey, to any person or persons, or body cor- porate whatever, any lien, incumbrance or mortgage of any kind, which shall have priority over, or come in conflict with, the lien of the State herein secured; and any such lien, incumbrance or mortgage, shall be null and void, as against said lien or mortgage of the State; and the said lien or mortgage of the State shall have priority over all other claims exist- ing or to exist against said company. In the Senate Souse, the twenty-first daj of December, in the year of "ur Lord one thousand eight hundred and sixty one, and in I eight sixth year of the Bovereij i and independence of the State of S. mtli Carolina. WILLIAM D PORTER, President of the S JAMES SIMONS, Speaker House of Sepresentatix AN ACT tii incorporate the Palmetto Lyceom of Charleston. No. 4586. I. Beit enacted by the Senate and Souse of Representatives, now met nnd sitting in General Assembly, and by the authority of the same, That Chartet Edwin Ileriot President ; Samuel L. Hammond, and Henry Bpafnick, Vi< Presidents; Virgil C. Dibble, Recording Secretary; Peter Gowan, Jr., Cor- responding Secretary; Milwood \V. Heath. Treasurer, of the Palmetto Lyceum of Charleston, and their associates and successors, be, and the same are hereby, declared to be a body politic and corporate, by the name and style of the "Palmetto Lyceum of Charleston." II. That said corporation may sue and lie sued, plead anil he impleaded, Privileges afid in any Court of law or equity in this State ; n:ay have succession of officers, l " ,,,1:, " J may adopt and use a common seal, and the same may alter at pleasure; may make, and, from time to time, alter or modify such by-laws, rules and regulations, not inconsistent with the laws of the land, for the organiza- tion and regulation of the -aid corporation, as may be deemed nei lient; maybe capable of holding any re n leding the value of ten thousand dollars, and ■ enefally may have and enjoy all the lights and privileges incident to bodies corporate. 00 AT LAEGB a. i« III. That this Aol shall be deemed a public Act, and shall continue in force for fourtcju yi In thi Souse, the twenty-first day of Dot-ember, in the year of our Lord one thoue I hundred and Bixty-one, and in the i sixth year of thi aty and independence of t: if South Carolina. WILLIAM D. PORTER, President of the Senate. JAMES SIMONS, Speaker House of Representatives. No. 4587. AN ACT TO INCORPORATE THE SOUTHERN EXPRESS CnMI'A.Nl. Corporators. Name. Capital Stock. I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That Charles M. Furman, Charles V. Chamberlain, F. W. Dillard, John E. Bacon, J. A. Harman, D. A. Reese, B. F. Ficklin, and their associates, suc- cessors and assigns, be, and they are hereby, declared to be a body, corpo- rate and politic, by the name of the Southern Express Company, for the purpose of an express transportation business. II. The capital stock of said company shall be five hundred thousand dollars, and shall be divided into shares of one hundred dollars each: and in case the said capital stock be found insufficient for its purposes, such com- pany may increase its capital stock, from time to time, to such amount as may be deemed necessary for the purpose aforesaid, not exceeding ouc mill- ion of dollars. Such increase must be sanctioned by a vote, in person or by proxy, of two-thirds in amount of stock of the company, preseut or repre- sented at a meeting of such stockholder.-. business, when III. The said company may commence business as soon as its capital stock is fully subscribed, and fifty thousand dollars of the same paid up; and on such subscriptions being made, any five subscribers to said stock may call a general meeting of the stockholders of the said company, by serving a notice, signed by them, of the time and place of such meeting, twenty days at least before the time of holding the same, mi each stock- holder personally, or by leaving it at his residence, or by putting the same in the Post-Office at Richmond, directed to him at his usual or reported place of residence, and paying the postage thereon: Provided, however, That any other mode or time of calling said meeting shall be lawful, if all the stockholders consent thereto in writing, or are represented thereat. At company may commence. OF SOUTH CAROLINA Gl the meeting convened as aforesai 'id company shall elect, by a A.D.16KL irity of votes there present or represented, not less than five nor more ^~ * than nine persons, being stockholders of the said company, bo act as Direc- tors of the said corporation, who shall represent the Baid company, and manage the business thereof, Vacancies in the Board of Directors shall bo filled in such manner as shall be prescribed by the by-laws of tBe corpora- tion. IV. At the first ii iioard of Directors after their elec- Officers, elec- tion, tin v Bhall elect one of their number as President of the said corpora- tion, and may elect a A'iee President, and suoh other officers as they maj deem advisable. The Directors of this company shall hold their offices for one year, and until others are chosen. V. in ease it shall, at any time, happen that an election of Directors be maj not made at the time designated, or on the days when by the by-laws of other than iiiv any right or authority to build, put tablish any railr or steamboat line, except to be employed between any port in the Southern Confederacy and 1'on j as of transportation ; not shall the same be > require any railroad or steamboat tine established in part or in whole within the limits of the Confederal' to do or perform transportation service, as herei '-ted, for or on account of the said Southern Express Company. Principal office. VIII. The principal office of said company shall be kept at Charleston, unless the same be changed by a v;te of two-thirds of the Directors, at a meeting called for that purpose, to any other place iu the .State ; and the said company may establish as many branch or local offices jis their business may require. IX. The regular meeting of the Board of Directors of said company shail be held at the principal office of. said company, or at such other place in the State as the by-laws or the Board of Directors may designate ; but said company may hold special meetings of its Directors, for the transaction of business, at any place which the by-laws of said company may designate, or which the majority of the Directors, with the approval of the President, may appoint. X. If the said company shall have had unclaimed freight or baggage, not perishable, in its possession for the period of at least one year, it may pro- ceed and sell the same at public auction, after giving notice to that I in one or more newspapers published iu the State, or at the place where such goods are to be sold, ouce a week, for not less than four " eeks ; and shall also keep a notice of such sale posted for the same time in a conspic- uous place in the principal office of -the said company. Said notice shall contain, as" near as practicable, a description of such freight or baggage, the place and time when and where left, together with the name and residence of the owner of the freight or baggage, or person to whom it is consigned, if the same be known. XI. All moneys arising from the sale of freight or baggage, as aforesaid, after deducting therefrom charges and expenses for the transportation, storage, advertising, commissions for selling the property, and any amount previously paid for advances on such freight and baggage, shall be paid by the company to the persons entitled to receive the same. Aud the company shall keep books of record of all such sales as aforesaid, containing copies of such notices, proofs of advertisements aud posting, affidavit of sale, with the amount for which each parcel was sold, the lotal amount of charges against such parcel, and the amount held intrust for the owner j Freight and baggage un- claimed, how disposed of. Moneys there- fi"m. how disposed of. OF SOUTH CAROLINA. • 63 which books shall be opened for inspection by claimants, at the principal a. d. is6i. of the said company, and at the office where the sale was m XII. That st lid company sh; personally i tors ■ ( ' pers i.allv re- sible Cor the amount equal to the amount of stock held by > naibie. K of, or damage on, goods, moneys, or other property entrusted to the said company for transportation, and ibr any contract, made, or liability incurred by them. XIII. That no right of property to this franchise shall invest until the Franchise, • • -i • • iii- 11 when to attach. minimum amount of capital is subscribed, and tiny thousand dollars actually paid, of which fact it shall be the duty of the company to inform the Overnor, in the same manner that the officers of a hank about to be put into operation are required to do. And when said i impany shall be organized and ready to go into operation, it shall be the duty of the pre- siding officer and Treasurer to make a statement, upon oath, to the Comp- troller General, of the amount of capital paid in. and to make a like Btate- t every six months thereafter, with an additional statement of their Ste and gross receipts; and for failing to make such report, they shall forfeit ami pay into the public treasury one thousand dollars for each failure, to be recovered by motion, alter ten days' notice. XIV. This An shall be subject to modification ami repeal at tie- pleasure Act repealable. of the General Assembly. XV. Any action at law or suit in equity, against the said company, may be Suits, how com- commenced by any person residing in this State, by personal service of pro- no the local agenl or officer of said company in charge of its affairs in the District in which Buch person considering himself aggrii i d maj re ide, or in any District through which the lines of transportation of said company ma\ pass, if there shall be no local agent or officer in the District in which the person commencing such suit may resole: [provided, That nothing herein contained shall be construed to prevent the commencement of any suit in equity or action at law in the manner heretofore provided by law. In the Senate House, the t wen ' n- of our Lord one thousand eight hundred and sixty-one, and in the eighty- sixth year of the sovereignty and independence of the Sb outh Carolina. WILLIAM D. PORTER, President of the Sen, JAM KS SIMONS, Speaker House of Repn set I Hives. 64 STATUTES AT LARGE Ni-w r-»nd. York District New road, Orange Parish. Galarant's Ferry. Bridgp. Ander- son and ' in-ill ville Di£ Bridge, Saluda Eiver. \.V ACT TO K8TABLI8H CERTAIN ROADS, BRIDGES, &RIE8, AMD TO RENEW AND AMEND OERTAIN CHARTERS HERETOFORE GRANTED. I. ]'. '/ by tlie Senate and House of Representatives, now met and sitting in Gem ral Assembly, and by the authority of the same, That a new road in Fork l>i-irict, from tlie residence of Joseph McCash, on the Yorkvilleand Rntherfordton road, to Gaffney's Ferry, on Broad liiver, about two miles long, be opened and laid out by M. L. Ross, W. L. Hopsoa, and L. II. Anthony, and then turned over to the Commissioners of Roads of the said District, and is then hi olared to be a public road, on the condition that the owners of tlie land over which said road will pass shall grant the right of way without charge to the State. II. That the Commissioners of Roads for Orange Parish do lav out and open a new road, leading from Rowe's Pump, on the South Carolina Rail- road, westward, to the Orangeburg and Charleston road, near the resi of Mrs. Susan Bowman, along its present route and track, by the n sidence of James Cos, Francis Baxter, Thomas P. Stokes, Lewis J. ('ruin, and others; and when so laid out and opened, the said road be, and the same is hereby, declared to be a public road. III. That Galarant's Ferry, over the Little Pee Bee River, be estab- lished as a public ferry, and vested in Mathew Martin, his heirs and assigns, for the term of fourteen years, with the following rates of toll: For footman, five cents; for man and horse, ten cents; fur all car: drawn by one horse or mule, or an ox cart, twenty -live cents ; for ail carriages drawn by two horses, mules, or oxen, thirty-five cents; for all carriages drawn by three horses, mules, or oxen, fifty cents ; for all car- drawn by four horses, mules, or oxen, seventy-five ceuts; for all car- riages drawn by five horses, mules, or oxen, one dollar; for cattle, five cents per head ; for bogs and sheep, three cents per head. IV. That the citizens of Anderson and Greenville Districts, living in the neighborhood of Hi ram Cooly 's Bridge, over Saluda River, as now erected, shall have the privilege to keep up, in good repair, a bridge which they have now erected over Saluda River, near the bridge of the said Hiram Cooly, which bridge shall bo a free bridge to the public, at which no one shall be charged toll for crossing. That the said bridge be kept in good repair by the labor, and at the cost, of those persons who have contributed money, means or labor to erect the present bridge. This privilege shall continue in force so long as the said persons shall keep up the same, and the roads leading thereto, without expense to the public. V. That Hiram Cooly be permitted to keep up the bridge over Saluda River, as it now is, for the term of fourteen years, as a toll bridge, and he shall receive such tolls thereat as he received under and while his former OP SOUTH CAROLINA. 65 charter existed; but this privilege to the said Hiram Cooly shall not inter- a. d. isci. fere with any of the rights or privileges hereinbefore, by the fourth section ^" — ~v~ *■' of this Act, granted to certain persons named therein. VI. That the new road now existing and used, leading from Summerville, Hi a road, 9t in the Parish of Saint George, Dorchester, to Baton Bridge, on Ashley Dorcneator. River, about four miles long, be, and is hereby, declared to be a public highway; and shall be worked on, and kept in good order as r;uch, by the Commissioners of Roads of the Lower Board in the Parish of Saint George, Dorchester, in the District of Colleton. But the said Commis- sioners of Roads shall first obtain the right of way from the proprietors of the land over which the said road shall be laid out. VU. That a new road be laid out iii Edgefield District, running from Aiken Not road, to Edgefield Court House, about two miles from Aiken, and intersecting the Leesvillo road, or the public road running by Charles Plunket's, about one mile south of said Plunket's: Provided, That the consent of land owners be first obtained, without cost to the State : That T. G. Croft, Andrew Jordan, and Charles Plunkct be appointed Commissioners, with power to lay out the said road, and have the same cleared out ; and that said road bo declared a public highway, and turned over to tho Commissioners of Roads for said District. In the Senate House, the twenty-first day of December, in the year of our Lord "ii- n sand right hundred and sixty-one, and in th. 1 eighty- sixth year of the sovereignty and independence of the Stnte of South Carolina. WILLIAM D. PORTER, President of ike Senate. JAMES SIMONS, Speaker Howe of Representatives. i, I, | ITS AN ACT to Regulate the Reports of the Railroad Companfes, No. 4589. AND FOR OTHER PURPOSES. I. Be it enacted by the Sonate and House of Reprepresentatives, now met and sitting in General Assembly, and by the authority of the same, That the several Railroad Companies chartered by this State be, and the Railroad „ m . same are hereby, required to file in the Comptroller General's office, on or ^"",V'' '"**" before the first day of October, in each year, reports, according to the following schedule, viz : 9 66 STATUTES AT LARGE a. d. 1861 Abstract "/Railroad Report *~~~v—' of the Company, for the year ending the first day of Form of report. ,-. . v »., , ,.,,,, Uctober, 01 the year one thousand eight hundred Future Prospects of i. and General Remarks. J s ptJOJI JBAO SI3§U..i-~\: ( ( jo jeqran^r 03 3 % o ■perns suosjbj ■p.unfui saosjdj IIMCiUOl pUB suoipunl'iuamv} ainpsqog jaam oa buiiux JoSujs !-SB,£ JO SOJIIJIBJ ■ •snrdjns •spuaptAiQ •sSumJiij jajj | ■S.IMI.hI \\\ ■aSuitUBg o •SUIBJT^ jqSiajj: jo paadg o a a) •SUttTJX Jt>l5Uf)S •sbj ' jo paadg £; •saqouxug; jo tuS'uarj ■pajonijBuo? pBoy; jo qiSua'-r •pnoa; jo ?soo [wjoj; •iqocj Suij«oi,j i;«ig aqj A'q paoiaBJBtiS }ou ■BWgeiyiqpesq -UlUKllS spuojj •a; pisd JTOOJg IBJldtlf) ■psqyosqng ?|001S IBlldB;-) •euiB^ OF SOUTH CAROLINA. 67 And any Railroad Company which shall fail to make such report, shall be A. p. 1861. liable to a penalty of one hundred dollars, to bo recovered by action of debt *-~^y"-— ' in any Court having jurisdiction. II. That all Acts and clauses of Acts requiring Railroad Companies to Existing Acts repeal' '1. make reports of their condition to the Legislature be, and the same are hereby, repealed. III. That it shall be the duty of the Comptroller General to collate the said reports in one general abstract, and publish the same with his Annual Report; and also to report any Railroad Company which shall fail to make such report. In the Senate House, the twenty Erst day of December, in the year of our Lord one thousand eiijlit hundred and sixty-one, and in the eighty- sixth year of the sovereignty and independence of the State of South Carolina. WILLIAM D. POKTBB, President of the Senate. JAMES SIMONS, Speaker Howe of Representatives. an act to authorize the formation of a yot.unteer comtany no. 4590. of Light Artillery, and to incorporate the same, by the NAME OF THE " WACCAMAW LlGHT A ttl I 1 .. ,EB Y." I. Br it enacted by the Seuate and Ilouse of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the .vi.iiit.int and Adjutant and Inspector General of the State of South Carolina he, and he erai toinsi t . ,' , , . , ..,,.,.,. and receive, is hcreny. empowered to inspect and receive into the thirty-third regiment of South Carolina Militia, a new volunteer company of light artillery, to be styled the " Waccamaw Light Artillery," any law to the contrary hereof notwithstanding. II. That the said company shall have attached to the same one Captain, Officers. three Lieutenants, five Sergeants, four Corporals, and one Secretary and Treasurer, and shall not consist of more than one hundred or less than forty men, including officers, non-commissioned officers and privates; and whenever it shall be reduced under the number of forty men, above re- quired, ami shall not recruit to such number within six months after notice to its commander to fill up its ranks, it shall be disbanded, and the commis- sions of its officers vacated. A. D. 1S61. Corporate pOWfiM. Sheriff to en- force process. STATUTES AT LARGE III. That the said company, as soon as it shall have hcon received, as herein provided for, be, and the same is hereby, declared to be a body politic and corporate, under the name and style of the " Waccamaw Light Artillery," for the term of fourteen years from the ratification of this Act, with all such powers as are incident to, and all such liabilities as are now imposed by law upon, like corporations. IV. That the said company shall have the power to adopt a constitution and by-laws, and enforce the same by all needful rules and regulations; to hold company courts martial, to be appointed by the officer in command, for the trial of all offences created by such constitution and by-laws, and to collect, by process of execution, as now provided fur by law, all fines and penalties which shall be imposed by such company courts martial. V. That it shall be the duty of -the Sheriff of Georgetown District to enforce all legal process issuing from the courts martial of said company, and make return thereof to the Secretary and Treasurer of said company, within three months after the same may have been lodged, under a penalty of fifty dollars for each and every failure so to do. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one, and in the eighty- sixth year of tho sovereignty and independence of the State of South Carolina. WILLIAM D. PORTER, President of the Senate. JAMES SIMONS, Speaker House of Representatives. No. 4591. AN ACT to Aid in hie Construction of tiie Barnwell Railroad. I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, Bonds, to been- That whenever tho Barnwell Railroad Company shall have graded, bridged, ' and shall have ready to put down the necessary timbers for the reception of the rails, and fully prepared the said road, in a good and substantial manner, with good materials, for putting on the iron rails, and the Gov- ernor shall be notified of the fact, and the said road is not subject to any lien whatsoever, other than that created in favor of the State by this Act, by the written affidavit of the President and Chief Engineer of said company, OF SOUTH CAROLINA. 69 then the Governo*. shall cause to he endorsed by the Comptroller General, 4.D.194L upon the honds of the said company, to an amount not exceeding five v— ~v~— v thousand dollars per mile of the said road, the guarantee of the State of South Carolina, pledging therefor the faith and funds of the State, which bonds shall he payable at such place in the Confederate States as the Presi- dent of the company may designate, bearing an interest of seven per centum per annum, payable semi-annually, and not having more than twenty years to mature. II. That ili' bonds endorsed as aforesaid shall not he used by said Endorsed company for any other purpose than for procuring the iron rails, chairs, tion upon their spikes and equipments for said road, and for putting down said iron rails; and the Governor shall not cause the same to he endorse. 1 unless upon the affidavit of said President, and a resolution of a majority of the Board of Directors for the time being, that said bonds shall not he used for any other purpose than for procuring the said iron rails, (hairs, spikes and other equipments for said road, and for putting down said iron rails. III. That as soon as any Buoh honds shall have been endorsed for the Lion, endorsed said road, as aforesaid, they shall constitute a Ion upon said road, including the road-bed, right of way, grading, bridges and masonry, upon all the stock subscribed for in said company, and upousaid iron rails, chairs, spikes and equipments, when purchased and delivered; and the State of South Carolina, upon the endorsing of the said bonds, and by virtue of the same, shall he invested with said lien or mortgage, without a deed from the company, for the payment hy said company of said honds, with the interest. IV. That when the whole of said road shall lie completed, the State of State to be in- South Carolina shall he invested with a lien, without a deed from the com- lien. pany, upon the entire road, including the stock, right of way, grading, bridges, masonry, iron rails, chairs, spikes, and the whole superstructure and equipments, and all the property owned hy the company, as incident to or necessary for its business, for the payment of all of said bonds, endorsed as aforesaid, as provided in this Act. and for the interest accruing on said bonds. And after the Governor shall have caused bonds to be endorsed, as provided > in the first section of this Act. for the said road, it shall not he lawful for said Company, to give, create or convey, to any person or persons, or body corporate whatever, any lien, incumbrance or mortgage of any kind, which shall have priority over, or come in conflict with, the lien of the State i secured ; and any such lien, incumbrance or mortgage, shall be null and void as against said lien or mortgage of the State; and the said lien or mortgage of the State shall have priority over all other claims existing or to exist against, said company. V. That the State expressly reserves the right to enact, hereafter, all Protective laws, Mich laws as may bo deemed necessary to protect the interest of the State, cmict. may 70 STATUTES AT LARGE a. d. 1861. and to secure it against any loss in consequence of the endorsing of bonds under the provisions of this Act, hut in such manner as not to impair the vested rights of the stockholders of the company. In the Senate Souse, the twenty-first clay of December, in the year of our thousand eight hundred and si i ml in the eighty- sixth year of the BOTereignty and independence of the State of South Carolina. WILLIAM I). PORTER, President of the Smote. JAMES SIMONS, Speaker House of Representative*. No. 4592. AN ACT to incorporate certain Societies, Associations and Com- panies, AND TO RENEW AND AMEND THE CHARTERS OF OTHERS, AND FOR OTHER PURPOSES. I. Be it enacted by the Senate and House of Representatives, now met Jasper Greens, and .sitting in General Assembly, and by the authority of the same, That the officers and privates composing the volunteer corps of heavy infantry known as the " Jasper Greens," and attached to the fourth brigade of South Carolina militia, and of the corps of light infantry known as the Beauregard " Bcaureeard Light Infantry," and attached to the first regiment of rifles Light Infantry. , . , , , , of the same brigade, be, and they are hereby, declared bodies politic and corporate, by the name and style, respectively, of the "Jasper Greens" and the " Beauregard Light Infantry;" that the said companies shall have succession of officers, and shall have the power to hold estate, real and personal, to the value of five thousand dollars, and the same, or any part thereof, to alien, sell or transfer ; to have and use a corporate seal ; to make all needful by-laws, rules and regulations, not repugnant to the laws of the land ; to hold company courts martial, for the trial of cases of default and of infraction of the by-laws, rules or regulations of the company; to issue process, in the nature of an execution, for the collection of all fines imposed by such coutfs, which process shall have the same force and effect, aud be executed in the same manner, as now required by law in case of process issued by other courts martial, aud be returned to said companies, or to such officer thereof as the process may direct ; to sue and be sued ; and shall have all other rights, powers and privileges, incident to bodies corporate : Provided, That nothing herein contained shall be construed to exempt the said companies from any military service that may be required OP SOUTH CAROLINA. 71 by the laws of this State, or from answering for default of such service to A.D.MBL any court martial of the brigade or regiment to which said companies may ^— —v™—' be attached. II. That the South Carolina. Rangers, of the City of Charleston, be, and South Carolina the same are hereby, declared to be a body politic and corporate, under the name and style of the " South Carolina Rangers," for the term of fourteen years from the ratification of this Act, with all such powers as are incident to, and all such liabilities as are now imposed by law upon, like corporations ; and that the said company shall have power to adopt a constitution and by- laws, and enforce the same by all needful rules and regulations; to hold company courts martial, to be appointed by the officer in command, for the trial of all offences created by the constitutiou and by-laws; aud to collect, by process of execution, as now provided for by law, all tines and penalties which Bhall be imposed by such company courts martial ; that the said couipauy shall be attached to such regiment of the fourth brigade as they shall think proper to select, and be constituted, as to number of officers, non-commissioned officers aud privates, as provided for a corps of cavalry by the Military Act of Assembly of one thousand eight hundred aud forty-one. III. That John B. Frazer, Gh W. Spcncc, and (i. W. Skriue, aud others, South Carolina who are now, or may hereafter be, associated with them as members of an Knights ii kuowu as "South Carolina (Vnumandery, Xo. 1, Knights Tern- u "'"" plar," be, and they arc hereby, declared a body politic and corporate, by the name and style of " South Carolina Coinniandery, No. 1 , Knights Templar," with power to invest funds in estate, real aud personal; and to have and exercise all the rights, powers and privileges, incident to bodies corporate. IV. That the charter heretofore granted to the " Chora w Bridge Com- choraw Bridge pany " be, and the same is hereby, renewed aud extended, with all the rights and privileges heretofore granted. V. That the officers and privates composing the volunteer corps known Charleston as the- Charleston Zouave Cadets be, and they are hereby, declared a body politic and corporate, by the name and style of the " Charleston Zouave Cadets ;" that the said compauy shall have the power to hold estate, real and personal, to the value of five thousand dollars, and the same, or any part thereof, to alien, sell or transfer ; to make all ueedful by-laws, rules ; regulations, net repugnant to the laws of the land; to hold company courts martial, for the trial of cases of default and of infraction of the by- laws, rules or regulations of the company ; to issue process, in the nature of an execution, for the collection of all fines imposed by such courts, which process shall have the same force aud effect, and be executed in the same manner, as now required by law in cases of process issued by other courts martial, and be returned to the said company, or to such officer thereof as the process may direct ; to have succession of officers and uioui- 72 STATUTES AT LARGE a. d. isci. hers ; to sue and be sued ; and shall have all other rights, powers and priV- Y ileges incident to bodies corporate : Prox id d, That nothing herein contained shall be construed to exempt the said company from any military service that may be required bj the laws of this State, or from as far default of such service to way courts martial of the brigade or regiment to which said company is attached. That all the rights, power! and privileges con- ferred by this Act on the South Carolina Hangers be, and the same arc hereby, conferred on the Marion Rangers, commanded by Captain John 15. Earnest, in the fourth brigade South Carolina Militia, summprviiic. VI. That the charter heretofore granted to the Town of Summerville be charter of ° so amended as to empower the said Town Council to raise, annually, by taxation, for the uses of said corporation, a sum net exceeding five hundred dollars; and that said Council he further empowered to impose a tax on horses and carriages of every kind, kept in said town, whether by perma- nent or transient residents ; and upon carts and wagons used in said town by non-residents, for hire, or conveying lumber, freight audi' l>out the town : Provided, That the part, lying within the corporate limits of said town, of the farm belonging to Samuel Kingman, be exempted from all taxation by said Town Council, so long as there shall be no building thereon. VII. That thi3 Act shall be, and is hereby, declared to be a public Act, and shall continue of force for the term of fourteen years. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one, and in the eighty- sixth year of the sovereignty and independence of the State of SoutL Carolina. WILLIAM D. PORTER, President of the Senate. JAMES SIMONS, Speaker Souse of Representatives. No. 4593. AN ACT to amend an Act entitled "An Act creatinu a Mil- itary Establishment for the State of South Carolina, and FOR OTHER I'URI'OSES. I. Be it enacted by the Senate and House of Representatives, now met Amendments, and sitting in General Assembly, and by the authority of the same, That the third section of an Act entitled "An Act creating a Military Establish- ment for the State of South Carolina, and for other purposes," ratilied the OF SOUTH CAROLINA. 73 twenty-eighth day of January, in the year of our Lord one thousand A. d. ism. eight hundred and sixty-one, be, and the same is hereby, altered and amended, so as to read as Follows, viz: That there shall be one regiment of artillery, which shall consist of the officers allowed by the laws of the Con- federate States of America to regiments of artillery, and not less than eight companies; and each company shall consist of one captain, two first lieuten- ants and one second lieutenant, five sergeants, four corporals, two artificers, two musicians, and not less than sixty nor more than one hundred privates, and one company of artillery may be equipped as a harnessed battery of light or flying artillery. II. That the fifth section of the said Act be, and the same is hereby, 1 and amended, so as to read as follows, viz: That there shall be one sqrtadrOB of cavalry, convertible into infantry or artillery, as the War Department may direct, which shall consist of one major, one adjutant and one quartermaster, one sergeant major, one quartermaster sergeant, and four companies, each of which shall consist of one captain, one first lieutenant and one second lieutenant, four BeTgeants, four corporals, two musicians, two artificers, and pot less than sixty nor more than one hundred privates. III. That the tenth section of the said Act be, and the same is hereby, altered and amended, so that the enlistments made thereunder shall be for a period of three years, or during the continuance of the war between the United States and the Confederate States of America, unless the persons so enlisted shall l>c sooner disc barged, and all re-enlistments shall be for a period of three years, or during the continuance of the said war, unless the non-commissioned officers and privates so re-enlisted shall be sooner dis- charged : Provided, That nothing herein contained shall be construed as making provisions for the maintenance of a military force of any kind for a longer period than while they are iu the service of the Confederate States of America. IV. That the second, sixth, seventh and eighth sections of the said Act be, and the same are hereby, repealed. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one, and in the eighty- sixth year of the sovereignty and independence of the State of South Carolina. WILLIAM D. PORTER, President of the Senate. JAMES SIMONS, Speaker Souse of Representatives. 10 STATUTES AT LARGE Incorporated. a. d. i8Gi. AN ACT to amend the Chaster of the Union Light Infantry * ' Charitablf. Society and Company. No. 4594. I. Be it enacted by the Senate and House of Representatives, now met Amendment of and Bitting in General Assembly, and by the authority of the same, That ohartar. . • J ■ . the charter of the Union Light Infantry Charitable Society and Company be, and the same is hereby, amended, so that the said society shall have power to elect honorary and actual members who are not members of the said company, and that it shall not hereafter be requisite that the members of the said society shall be members of the said company. II. That the said company shall be held and taken as a body corporate and politic, separate from the said society, and shall not consist of less than forty men, including officers, non-commissioned officers and privates, any law to the contrary notwithstanding ; that it shall have power to adopt a constitution and by-laws, and to enforce the same, hold company courts martial, to be composed of the commissioned officers, for the trial of all offences created by said constitution or by-laws, and to issue execu- tion for the same, under the hand and seal~of the commanding officer. III. That it shall be the duty of the Sheriff of Charleston District to execute any process of fine directed to him under said hand and seal : Provided, That no fine be imposed for a larger amount than twenty dollars; that all fines collected shall be paid to the commanding officer aforesaid ; and on the failure of said Sheriff to execute said process, a rule may issue on the suit of said officer, returnable to the next term of Court — said rule to be issued by the Clerk of Common Pleas for Charleston District, requiring said Sheriff to show cause why he has not enforced said execution ; and no cause being shown, he shall forfeit the sum of fifty dollars to said company, judgment for which shall be signed iustanter. IV. That the charter herein granted to said society and company shall expire with the limitation of the original charter; and the members of said company shall not be liable to do militia or patrol duty other than in said company. Sheriff to exe- cute process. Limitation of charter. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one, and in the eighty- sixth year of the sovereignty and independence of the State of South Carolina. WILLIAM D. PORTER, President of the Senate. JAMES SIMONS, Speaker House of Representatives. OP SOUTH CAROLINA. 75 AN ACT TO INCORPORATE THE FLORENCE AND FaYETTEVILLE RAIL- A. D. 1861. road Company. ^ — * ' No, 4.'>95. I. Br it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That for the purpose of forming a railroad communication between Florence, Railroad, in this State, and the Town of Fayetteville, in the State of North Carolina, build's. '" the formation of a corporate company is hereby authorized, to be called "The Florence and Fayetteville Railroad Company," which company, when formed, are hereby authorized to construct a railroad from Florence to a point at or mar Mclnnis Bridge, on Little Pee Dee River, and thence to Fayetteville, in the State of North Carolina, following, throughout its length, a line between said points, as nearly direct as may be consistent with the most economical construction of said road. II. That the capital stock of said company shall be fifteen hundred thou- Capital atook d dollars, to be divided in shares of one hundred dollars each, with the privilege of increasing said capital, at any time alter the company is organ- ized, to an amount not exceeding three million dollars, in like shares of one hundred dollars each. III. That for the purpose of raising such capital stock, books of subserip- Commissioners tiou are hereby authorized to be opened at the following places, and by the scriptions. following persons, as Commissioners, (hat is to say: At Harlleesville, in Marion District^ by A. W. Bethea, A. S. McCormick and James MoRaej and at Clio, in Marlborough District, by Charles McRac, John A. McRae and P. 15. McLauren ; with power in said Commissioners, or any three of them, to appoint Commissioners at such other places as they may think proper; which books of subscription may be opened at any time, and from time to time, as the said Commissioners herein named, or a majority of them, shall determine, upon first giving at least thirty days' public notice of the time and place of opening said books. IV. That whenever the sum of three hundred thousand dollars shall have < rganieation. been subscribed by responsible individuals, companies or corporations, to the capital slock of said company, and an instalment of five dollars on each share paid in cash, it shall be lawful for said company to organize, and pro- ceed to the construction of the said railroad ; and for the purpose of so organ- izing, it shall be the duty of the Commissioners herein named to call a meeting of the stockholders, fixing the time and place of such meeting. V. That for the purpose of organizing said company, and of continuing General the said railroad, the said company is hereby invested with all the powers ''"" and privileges, and is made subject to all the duties and liabilities, that the Wilmington and Manchester Railroad Company are invested with and sub- ject to, by an Act entitled " An Act to charter the Wilmington and Man- 76 STATUTES AT LARGE a.d.1861. Chester Railroad Company," ratified on the eighteenth day of December. v — ""v— ^ in tlie year of our Lord one thousand eight hundred aud forty-six; and the charter of the said Wilmington and Manchester Railroad Company shall he and oonstitute, as far as practicable, the charter of the said Florence and Fayctteyille Railroad Company. Freight and VI. That tin 1 r, uniirin v hereby authorized to be formed, shall not have charges uni- power to discriminate On freight and travel against anv of the railroads now form in rate. ' in operation, or which may at any time hereafter be constructed, in South Carolina, but the charges of freight and travel shall be the same in every instancr, agreeable to distance, under the penalty of forfeiture lit' their char- ter. That the gauge of said road shall be five feet, to correspond with the gauges of the railroads in South Carolina, throughout the entire length of road from Florence to Fayetteville, North Carolina. In tho Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one, and in the eighty- sixth year of the sovereignty and independence of the State of South Carolina. WILLIAM D. PORTER, President of ike Senate. JAMES SIMONS, Speaker House of Representative*. No. 4596. AN -ACT to incorporate certain Religious and Charitable Societies, and Societies for the Advancement of Education, and to renew and amend the charters of others, heretofore GRANTED. I. Br it enacted by the Senate and House of Representatives, now met Hobrow Renev- and sitting in General Assembly, and by the authority of the same. That i.e- the charters of the "Hebrew Benevolent Society of Columbia," and of tor. " The South Carolina Sunday School Union," heretofore granted, be, and the same are hereby, renewed, with all the rights and privileges heretofore granted ; and that all acts done by said corporations since the expiration of their charters be, and the same are hereby, declared as good and valid as if said charters had not expired. Public school II. That W. Peronneau Finley, E. J. C. Wood, G. P. Mims, Auiery of Aiken, mcor- •" ' i p. ration of. Coffin, W. F. Pcrcival, J. II. Cornish, Lucius Cuthbert, J. G. Stecdman, Edward Smith, aud W. A. Merritt, Trustees of a public school now in operation in the Town of Aiken, be, and they aud their successors in office OP SOUTH CAROLINA. 77 are hereby, declared a body politic and corporate, by the Dame of the A. D. i86i. "Trustees of the Aiken Public School," with power to bold property, real ' r— -' and personal, to an am tint not exceeding, at any one time, the sum of twenty thousand dollars, and the same to sell, alien and convey; and to make all by-laws, rules and regulations, not repugnant to the laws of the land, as shall by them be deemed expedient for the better management of the school, now in existence, under their government, or of any similar institution of a literary character which may hereafter be founded by them. III. That all free white persons who now are, or who may hereafter become, Mounl 1 i b members of the Mount Lebanon Baptist Church, of Edgefield District, be, chu?ch??ncor- and they are hereby, declared a body politic and corporate, by the name P ora,lou of - and style of the " Mount Lebanon Baptist Church," and as such, shall have power to make by-laws necessary lor the government of the same, and not repugnant to the laws of the land; to sue and be sued, by their corporate title, in any Court in this State; to have and use a corporate seal ; and to have and enjoy every right, power and privilege, incident to such cor- porations ; and the said corporation is hereby empowered to hold, retain, possess and enjoy all such property, real and personal, as it may have and possess, or be entitled to, or which shall hereafter be given, bequeathed, or devised to, or in any manner acquired by it, and to sell, alien, or transfer the same, or any part thereof: Provided, That the amount of property so held shall iu no case exceed the sum of twenty thousand dollars. In the Senate Ilouse, the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one, and in the eighty- sixth year of the sovereignty and independence of the State of South Carolina. WILLIAM D. PORTER, President of fas Senate. JAMES SIMONS, Speaker House of Representatives. '. \ ACT TO At TIIORIZE CERTAIN BllLmNG AND LOAN ASSOCIATIONS No. 4597. TO SUSPEND THB CALL FOR MONTHLY INSTALMENTS. I. Br it enacted by the Senate and Ilouse of Representatives, now met and sitting in General Assembly, and by the authority of the same, That instalments, the " Palmetto Loan and Building Association," the " Savings' Building pend collection and Loan Association," the "Relief Loan Association/' the "Mutual" Benefit Loan Association," and tho " Home Loan aud Building Associa- 78 STATUTES AT LA! a. d. 1861. tion," are hereby authorized to suspend the call for monthly instalments, *"■ "~"r~—' as required by their several charters, i!', in the judgment of their respective Boards of Directors, such suspension shall be advisable. II. That this Act continue of force until the first day of January, in the year of our Lord one thousand eight hundred and sixty-three. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one, and in the eighty- sixth year of the sovereignty and independence of the State of Bouth Carolina. WILLIAM D. PORTER, President of the Senate. JAMES SIMONS, Speaker Ifouss of Representatives. No. 4598. AN ACT to Encourage the Manufacture op Salt witihn this State. I. Be it enacted by the Senate and House of Representatives, now met Bait, companies and sitting in General Assembly, and by the authority of the same, That for the manu- D J J J factureof, the formation of two joint stock companies, for the manufacture of salt, is authorized. . , hereby authorized; and as soon as either of said companies shall have obtained subscriptions to the capital stock of the same, in shares of one hundred dollars each, to the amount of five thousand dollars, and the first Subscription by instalment of ten dollars paid in, the Comptroller General, if satisfied of the made. '° W solvency of such subscriptions, is authorized to subscribe, on behalf of the State, not exceeding five thousand dollars, to the capital stock of each company; and on his making such subscription, and paying the first instalment thereon, the company shall be considered as formed, and an Act of incorporation attach, so as to constitute the subscribers thereto a body corporate and politic, by such name and style as the said body corporate shall designate and adopt ; which said company shall have perpetual succes- sion of members, and be capable, in their corporate name, to exercise all the rights, powers and privileges, incident to bodies politic and corporate, not inconsistent with the Constitution and laws of this State. Votes of stock- H- That each stockholder, in any company formed under this Act, at all holders. meetings of the stockholders, shall be entitled to a vote for every share such stockholder shall have in said company. Capital, HI- That each company may prescribe the manner and time of paying in the balance of the capital stock of the company, and the sale and trausfer of OF SOUTH CAROLINA. 79 the stock of delinquent stockholders, and require payment of any balance a. d. 1S61. remaining after sale of such stork. ^-^v~"^ TV. That the State in no event shall be liable on any contract or State not liable ,,..„, -,. , , ~ " . , tor acts of oom- obhgahon of the company, to any creditor or stockholder of said company, pany. over and above the payment of the subscription to the capital stock of such company; that the company or companies shall make annual reports, each, of its condition to the Legislature; and that no company shall divide more than twenty per cent, profit; and in case of a dissolution of a company, to make an equal division of the capital stock, or so much thereof as may remain, and profits, amongst the stockholders, and such portion thereof as shall be com- ing to the State, be paid into the Treasury. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one, and in the eighty- sixth year of the sovereignty and independence of the State of South Carolina. WILLIAM D. POBTER, President of th< Senate. JAMES SIMONS, Speaker House of Representatives. AN ACT TO AMEND AN ACT ENTITLED " An Act TO INCORPORATE THE No. 4599. Ciieraw and Coal Fields Railroad Company in South Caro- lina," RATIFIED ON THE 21sT DAY OF DECEMBER, A. D., 1857, AND FOR OTHER PURPOSES. I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the NewCommis- si i 'liters. second section of an Act entitled "An Act to incorporate the Choraw and Coal Fields Railroad Company," ratified the twenty-first day of December, in the year of our Lord one thousand eight hundred and fifty-seven, be, and the same is hereby, amended, so that William Godfrey and Daniel B. McArn shall be substituted as Commissioners, in the place of John C. Wadsworth and James M. Threadgill, named in said Act. II. That the company chartered by said Act, when organized, and the Powers .President and Directors thereof, shall, in addition to the powers, rights and mcrett8ed - privileges granted by said Act, have all the powers, rights and privileges, and be subject to the same liabilities, except as otherwise specially provided for, as are conferred and imposed by the amendments to the charter of the Cheraw and Coal Fields Railroad Company, by an Act entitled "An Act 80 STATUTES AT LARGE a. D.ibsl to revive and continue in force an Act entitled ' An Act to incorporate the Cherawand Coal Fields Railroad Company,'" passed by the General At bly of the State of North Carolina, at the Beesion of 1856V57, chapter ni>. ratified on the thirteenth day of September, in the year of our Lord one thousand eight hundred and sixty-one. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one, and in the eighty- sixth year of the sovereignty ami independence of the State of South Carolina. WILLIAM D. PORTER, President of tl, JAMES SIMONS, Speaker Unas, of Representatives. No. 4600. AN ACT to incoporate the York Gas-Lic.ht Company. Corporators. Powers and liabilities. Real estate, authority to hold. I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That John H. Adams, Henning F. Adickes, J. Rufus Bratton, Richard S. Moore, Stanhope Sadler, and others, who now are members of the York Gas-Light Company, and such other persons as may become members thereof, be, and they are hereby, declared a body politic and corporate, by the name of the "York Gas-Light Company," with a capital of sixteen thousand dollars, and the privilege to increase the same hereafter to any sum not exceeding thirty thousand dollars. II. That the said company shall have succession of officers and members, and shall have authority to make rules and by-laws, not repugnant to the laws of the land ; to have and use a common seal ; to sue and be sued, plead and be impleaded, by their corporate title, in any Court of law or equity in this State ; and to have and enjoy all and every right and priv- ilege, incident and belonging to incorporated bodies. III. That the said company shall be able and. capable, in law and equity, to have, hold, receive, possess, enjoy and retain, all such property, real and personal, as they may now be possessed of, or in any wise entitled to, or which shall have been, or shall hereafter be, given or bequeathed to, or in any way acquired by them ; and shall have power to alien, sell, or other- wise dispose of, the same or any part thereof : Provided, The amount so held by the said company shall in no case exceed in value the sum of twenty thousand dollars. OF SOUTH CAROLINA. 81 IV. That the capital stock of said company shall be divided into shares of a. D. lsei. one hundred dollars each, and on any increase of the capital, as hereiube- ^~~v — -' before provided for, the same shall be raised by subscription, in shares of ar ' oue hundred dollars each. And at the election of officers, and on all mat- ters that may be submitted to a vote of stockholders, each shall be entitled to one vote for each share held by him. A'. That the shares in the capital stock of the said company shall be Sio.-k personal deemed personal estate, and be transferable only on the books of the said company. And no part of the said capital stock shall, at any time, or under any pretence whatever, be loaned to, or divided among, the stock- holders ; nor shall said capital be withdrawn or divided among the stock holders, until all the liabilities of the company have been fully paid ; nor shall any dividend at any time be declared, except of the net earnings and profits of the company, over and above the capital. VI. That the said company shall have power to manufacture, make and Business, sell (las, to be made of rosiu, coal, oil, turpentine, or other material, and to furnish such quantities of Gas as may be required in or near the town of Yorkville, for lighting the streets, stores, and buildings there situate, and for other purposes ; to lay pipes or other conductors, for conducting Gas through the streets, alleys, lanes and squares of the Town of Yorkville and its vicinity. VI I. That if any person shall wilfully injure, or cause to be injured, any injury. of the property of the said company, such person shall forfeit and pay to the said company treble the amount of damages sustained by such injury, to be recovered by action in any Court having cognizance thereof; and shall also be considered guilty of a misdemeanor, and being thereof convicted, shall be punished by fine not exceeding three hundred dollars, or imprison- ment not exceeding one year. A' III. That this Act shall be deemed a public Act, and continue of force for the period of fourteen years. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one, and in the eighty- sixth year of the sovereignty and independence of the State of South Carolina. WILLIAM D. PORTER, President of the Senate. JAMES SIMONS, Speaker House of Representative*. 11 82 STATUTES AT LARGE A. D.1861. .•• AN ACT TO AMEND A.N Al [ ENTITLED 'A.N Air To KAISE SlPPMES ' Y"~~ ' FOR THE YEAH COMMENCING IN OcTnUEK. ONE THOUSAND EltiHT ISO. 4001. HDNMUSD A.Mi SIXTY," AMI FOR OTHER 1'llU'OSES. stock instead of I. Whereas by the provisions of an Act entitled " An Act to raise sup- plies for the year commencing in October, one thousand eight hundred and sixty." ratified (be twenty-eighth day of January, in the year of our Lord one thousand eight hundred and sixty-one, the President of the Hank of the State- was directed to issue certain bonds, signed by him, and counter- signed by the Cashier (if the said Bank, to an amouut not exceeding six hundred and seventy-five thousand dollars ; and whereas a portion of the said bonds have been disposed of, and a portion still remains unsold, and it is deemed advisable to issue certificates of stock, instead of bonds, as pro- vided for in said Act, By whom Be it there/ore enacted by the Senate and Ilouse of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the Treasurer of the Lower Division be authorized to issue certificates of stock, to be signed by him and countersigned by the Presi- dent of the Bank of the State, bearing the same rate of interest as the said bonds, in the place and stead of so much of tne said bonds as now remain unsold ; and that upon the application of the holders of any of the said bonds which have been already sold, like certificates of stock may be sub- stituted for the said bonds signed and countersigned as above directed. interest, when II. That the interest on all stock so issued shall be paid at the office of payable. the Treasurer of the Lower Division, in Charleston, on the first days of January and July in each year, interest, on mil- III. That the interest on the six per cent, stock, issued under the provi- Stock, when sions of an Act entitled " An Act to authorize the issue of certificates of payable. stock, to provide for the military defence of the State," ratified the twenty- second day of December, in the year of our Lord one thousand eight hun- dred and sixty, shall be paid semi-annually, on the first days of .January and July in each year, instead of annually, as provided for in said Act. Bank refunded IV. That the Bank of the State of South Carolina be refunded the sum acerainsum. f one riundred and fifty thousand dollars, advanced as a portion of the sum appropriated for the military defence of the State, in the seventh sec- tion of an Act entitled An Act to raise supplies for the year commencing in October, one thousand eight hundred and sixty, ratified the twenty-eighth day of January, in the year of our Lord one thousand eight hundred and sixty-one. And the Treasurer of the Lower Division is hereby authorized to pay the drafts for the said amount, drawn by his Excellency the Gov- ernor, countersigned by the member of the Executive Council charged with the Treasury Department, and made payable to the Bank of the State. OF SOUTH CAROLINA. 83 V. That so much of the twelfth section of the Act last aforesaid, as A. D. 1861. authorizes the Bank of the State of South Carolina to issue notes or cer- / v— J Notes ro* i r it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the natural son of R. W. Hughes, begotten upon the body of Legitimized. Mary Mullinax, with whom the said It \V. Hughes has since intermarried, called by the name of Franklin Elmore Hughes, be, and he is hereby, invested with all the rights and privileges of a legitimate ohild, and autho- rized and entitled to take and hold real and personal estate, under the statutes for the distribution of intestates' estates, or as legatee and devisee of his said parents, in the same manner, and to the same extent, as if he had been born in lawful wedlock. In the Senate House, the twenty-flrst day of December, in the year of our Lord one thousand eight hundred and Bixty-one, and in the eighty- sixth year of the sovereignty and independence of the State of South Carolina. WILLIAM P. PORTFR, President of the Smatr. JAMES SIMONS, Speaker House of Bepresentalivcs. an act to authorize trustees to invest funds in bonds of no. 4609. the Confederate States. I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That Confedernte Groardians, Trustees, Administrators, Executors, Masters and Commis- ninds may be sioners in Equity, and all other persons holding funds in trust for invest- ment, are hereby authorized to invest the same in bonds of the Confederate States of America : Provided, That as to Masters and Commissioners there be no order of the Court directing a different investment. In the Senate House, the twenty-flrst day of December, in the year of our Lord one thousand eight hundred and Bixty-one, and in the eighty- sixth year of the sovereignty and independence of the State of South Carolina. WILLIAM D. PORTER, resident of the Senate. JAMES SIMONS, Speaker House of Representatives. STATUTES AT LARGE. A. D. 1861. AN ACT TO AMEND THE LAW AS TO THE ELECTION OF OFFICERS OF 1 v ' the South Carolina College. No. 4610. I. Be it enacted by the Senate and House of Representatives, now met College officers, and sitting in General Assembly, and by the authority of the same, That elected. the second section of an Act entitled " An Act to alter and amend an Act entitled an Act to establish a College at Columbia," passed on the twentieth day of December, in the year of our Lord one thousand eight hundred and twenty-five, be so amended that it shall be lawful for the Board of Trustees to elect officers for the College at the semi-annual, as well as the annual, meeting of the Board : Provided, That a majority of the whole Board are present. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one, and in the eighty- sixth year of the sovereignty and independence of the State of South Carolina. WILLIAM D. PORTER, President of the Senate. JAMES SIMONS, Speaker House of Representatives. COMMISSIONER OF DEEDS, APPOINTED DURING THH YEAR 1861. NAME. STATE. RESIDENCE. Lewis Levy, . . . Georgia, . . . Augusta. INDEX TO ACTS OF 1861. A. APPROPRIATIONS. PiOB Appropriations, an Act to make, for the year commencing in October 1861 -1 The Executive Department 4 The Legislative Department 4 The Judiciary Department 5 For Treasury Department 6 For South Carolina College 7 For ordinary civil expenses 7 For Military expenditures 8 For ordinary local expenditures 8 For extraordinary expenditures 9 B. BARNWELL RAILROAD. Barnwell Railroad, an Act to aid in the construction of the 68 Bonds of, to be endorsed by State 68 Restrictions upon use ot' endorsed bonds 6!) Lien ou road, endorsed bonus to constitute a 60 Lien, State to be invested with a 69 Laws, State reserves the right to enact, tor the preservation of its interests 69 BUILDING AND LOAN ASSOCIATIONS. Building and Loan Associations, an Act to authorize certain to suspend the call for monthly instalments 77 Instalments, power to suspend the collection of. 77 Limitation of Act 78 ii INDEX TO THE ACTS. c. CITY COUNCIL OF CHARLESTON'. Paoe Notes receivable, an Act to authorize the City Council of Charleston to issue and put in circulation, in payment of taxes or dues to the city 21 Notes or certificates, form of 21 Redeem, refusal to, penalty lor 22 Limitation of Act 22 CITY OF CHARLESTON. City of Charleston, an Act for rebuilding the, after the recent confla- gration 28 Bonds. Governor to issue 28 When payable 28 Interest 28 Form of bonds 28 Agents for negotiation of bonds 29 Loans, how to be made 29 Bonds, applicants for loans to give 29 Mortgage to secure loans, form of 29 Further loans, how made 30 Commissioners of valuation 31 Wooden buildings, no loans to be made on lots having, unless on security for their removal 31 Interest on loans 31 Bonds, single, may be taken, in what way 32 Titles, abstract of unrecorded, to be furnished 32 Policy of insurance required 32 Loan, preliminary applications for 32 Guarantee to State, City Council to pass an ordinance of 32 Lessee or tenant for life, loan may be made to 32 Mortgage a charge upon the land 32 Officers, fees and duty of 33 Bond and mortgage, no charge to be allowed Attorney General for drawing 33 Loans may made on buildings begun since the fire 33 Fire-proof buildings 33 Principal and interest, default in payment of 34 Blank mortgages to be provided by Commissioners of Public Buildings, 34 INDEX TO THE ACTS. iii CHERAW AND COAL FIELDS RAILROAD COMPANY. Paoe Cheraw aud Coal Fields Railroad Company, an Act to amend an Act entitled " An Act to incorporate the. in South Carolina," ratified on the 21st day of December, A. D., 1857 ami For other purposes, 79 New Commissioners appointed 79 Powers and privileges, additional granted 79 Calhoun Insurance Company — (See Insurance, i Carolina Insurance Company — ^Sce Insurance.) COTTON PLANTERS' ASSOCIATION. Cotton Planters' Association, an Act to charter a 45 Cotton Loan Association, mode of forming a 45 Charter, duration of 46 Privileges under this Act. the terms on which thej may he secured 47 Pills or nulcs, AssOoiatlOD may issue 47 Bill am! notes, obligatory as promissory notes 47 Dividends, Association to declare semi-annual 47 Annual Statement, Directors shall make an 47 Failure of Association, liability of subscribers in case of 48 Assets, to be held by the Directors in case id' dissolution of an Asso- ciation 48 D. DEBTORS. Debtors, nn Act to extend relief to, and to prevent the sacrifice of prop- erty at public salis 18 Mesne or final process, unlawful to serve or execute 18 Fraudulent disposition of property, remedy for 19 Clerks of Courts, duties of 19 Limitations, partial suspension of Statute of 19 Interest, open accounts to bear 20 DISTRICTS ON THE SEA-BOARD. Districts on the Sea-Board, an Act to provide Police Regulations for the 16 Police Courts for certain Districts 16 Powers of said Courts 17 Of whom composed 17 Deputy Marshals, by whom appointed 17 Patrols, Provost Marshals to have control of 17 iv INDEX TO THE ACTS. Paoi Arrests, by whom made 17 Compenaal 17 >hali 18 Owners and overseers to aid Marshals, &c is Provision.- of this Act may be < 18 £. ELECTIO Election of Members of the Legislature, an Act to regulate, and others, within the Parishes of St. Philip and St. Michael S3 St. Philip's and St. Michael's, election precincts iu 83 Election of officers of the South Carolina College, an Act to amend the law as to the 88 Election of Ordinary, an Act to alter the time of holding the, of Ander- son District 86 4 F. FAMILIES OF SOLDIERS. Families of Soldiers, an Act to afford aid to the 15 Soldiers' Boards of Relief to be appointed 15 Tax, power of Boards to levy a 15 Tax. Collectors to be furnished orders to collect 15 Relief, how to be dispensed 15 Secretary and Treasurer, Boards may appoint 15 Tax, when to be collected 16 Tax, manner of collecting 16 Receipts and expenditures, Boards to make return of. 16 Soldiers' Relief Boards, by whom appointed 16 FISH SLUICES. Fish Sluices, an Act to alter and amend the second section of an Act entitled " An Act to alter and amend the law in relation to, on the Catawba and Wateree Rivers, and for other purposes" 86 FLORENCE AND FAYETTEVILLE RAILROAD COMPANY. Florence and Fayetteville Railroad Company, an Act to incorporate the, 75 Railroad, authority to build a 75 Capital Stock 75 Subscriptions, Commissioners to receive 75 INDEX TO TEIi; ACT?. v P.tas Organization 7 r i General powers 75 Charges for transportation, rate of. to be pro rat:: 76 FREE PERSONS OF COLOR. Free persons of color, an Act to grant exemption to certain, who shall return to this State, from penalties now provided by law 53 Free negroes who have left this State, in what cases they may return... 53 FUNDS. Funds, an Act to authorize Trustees to invest, in bonds of the Con- federate States 87 G. Georgetown Railroad, an Act to amend an Act entitled " An Act to aid in the construction of the" 57 Bonds of the Company, State to endorse, in certain cases 58 I. INSURANCE. CALHOUN INSURANCE COMPANY. Capital stock of 38 Commissioners to receive subscriptions 38 Books to be opened 38 Distribution of shares, if in excess 39 Further subscriptions, if less than capital 39 Franchises, general corporate 39 Real estate, may acquire and hold, with limitations in amount 39 Business of the incorporation 40 Dividend, in what case Directors shall make no 40 Lost capital, stockholders to make up, or company to go into liquida- tion 40 Officers are individually liable, in what case i 40' Power over members 40 Votes of stockholders proportioned to shares 41 Business, when to be commenced 41 Invested, proportion of capital to be 41 vi INDEX TO THE ACTS. Pao« Dividends, shall not exceed twelve per cent 41 Remaining instalments, Directors empowered to call in the 41 Charter, duration of 42 CAROLINA INSURANCE COMPANY. Carolina Insurance Company, an Act to incorporate the 53 Name and style 53 Capital stock, amount of 53 Commissioners to receive subscriptions 53 Books to be opened 53 Company, subscribers to form the 54 Shares, distribution of, if in excess 54 Further subscription, if less than 8,000 54 Powers and liabilities 54 Real estate, company may acquire and hold 55 General powers 55 Dividends, in what case Directors shall make no 55 Dividends, prohibition of, in case one-third the capital is lost 55 Loss of two-thirds of capital, deficiency to be made up, or company to cease business 56 Liability, joint and several, ou failure to wind up 56 Rules and regulations for the government of members, corporation may make 56 Votes proportioned to shares held 56 Business, when company may commence 56 Books of company, Legislature reserves right to examine 56 Invested, proportion of capital to be 57 Instalments, Directors empowered to call for remaining 57 INSURANCE AND TRUST COMPANY OF CHARLESTON. Insurance and Trust Company of Charleston, and the Calhoun Insurance Company, an Act to incorporate the 34 Name an d sty le 34 Capital stock, amount of 35 Commissioners to receive subscriptions 35 Books, time and mode of opening 35 Shares, distribution of, in case of excess 35 Subscriptions, additional, if under amount of capital 35 Franchises and liabilities 35 Real estate, right to acquire and hold, with limitation iu amount 36 Powers, general corporate 36 INDEX TO THE ACTS. vii Pace Depository and Receiver, the Courts of the State may appoint said com- pany a 37 Company to alios- interest on funds thus held 37 Rules and regulations, company may make, for the government of its members :!" Votes of stockholders proportioned to shares held M7 Business, when to be commenced 38 One-third of capital to be invested in stocks or bonds 38 Books of company subject to examination by Legislature 38 Remaining instalments, Directors empowered to call iu 38 MUTUAL FIRE INSURANCE COMPANY. Mutual Fire Insurance Company of Columbia, Act. to incorporate the... -is Name and style 48 Capital stock, amount of 4S Commissioners to receive subscriptions 49 Books to be opened 40 Company, subscribers to form the. 4!) Shares, distribution of, in case of excess of subscription 40 Further subscriptions, if less than li.OOO shares 40 Powers and liabilities 40 Real estate, power of Company to acquire and hold 50 General business powers 50 Dividends, prohibition of, in case one-third the capital be lost 50 Rules and by-laws, authority to make, for the government of members... 50 Votes, proportioned to shares held .Ml Business, when Company may begin 51 Books subject to examination by Legislature 51 Investment, proportion of to be Invested 51 Profits of Company, officers to mike annual estimate of 51 Credits to payers of premiums, in what eases to be made, with script evidence 52 Script fund liable for losses 5 2 TRENHOT.M INSURANCE COMPANY. Trenholm Mutual Insurance Company, an Act to incorporate the 44 Name and style 41 Capital stock, amount of 44 Commissioners to recen e subscriptions 44 Books, time and mode ot opening 44 Powers, general corporate 44 b HE ACTS viii INDEX TO THE ACTS. Paoe Books, power to postpone the opening of. 44 Duration of charter 44 Remaining instalments, Directors empowered to call in the 45 L. LEGITIMACY. Legitimacy, an Act to confer the rights of, on a certain child of Mary Mulliuax S7 M. MEDICAL COLLEGE OF SOUTH CAROLINA. Medical College of South Carolina, an Act to authorize the Board of Trustees and Faculty of the, to apply certain funds to the payment of debt, and to other purposes 85 Members of the Legislature — (See Elections.) Mutual Fire Insurance Company — (See Insurance.) MILITARY DEFENCE OF THE STATE. Military defence of the State, an Act to authorize the issue of stock to the amount of one million eight hundred thousand dollars for the.. 26 MILITARY ESTABLISHMENT. Military establishment, an Act to amend an Act entitled " An Act creating a, for the State of South Carolina, and for other pur- )} TO poses 16 Artillery, one regiment of 73 Cavalry, one regiment of 73 Enlistments for three years or the war 73 Military and Patrol Laws, an Act to amend and suspend certain portions of the, of this State 11 Ordinary militia duty, persons liable to do 11 Ordinary militia duty, persons exempt from 11 Forty-eighth section of militia law, suspension of, as to term of drafted men 11 Quotas of volunteers or drafted men, in proportion of whole number liable to draft 11 Organization of troops, whether volunteers or drafted 12 Reduction of beat oompani s. Acts prohibiting, suspended 12 Eligibility to office, laws making commissions a condition of, suspended.. 12 Musters and drills 12 INDEX TO THE ACTS. ix Page Commissions of company, battalion and regimental officers, vacated 12 Voluuteer companies dissolved 12 Requisitions of Act, in what way complied with 13 Election lor officers. Adjutant and Inspector General to issue orders for, 13 Separate beats, when they shall be formed 13 Companies not subject to draft 14 Assistant commissaries and quartermasters, Governor may appoint 14 Clerk, Adjutant and Inspector General may appoint a 14 Pee Pee Legion, exemption of from draft 14 Pefaulters, how punishable 14 Consistent Acts to remain of force 14 Inconsistent Acts suspended 14 N. NOTES OF EVIDENCE. Notes of Evidence, an Act to require the Circuit Judges to send, with their reports to the Appeal Court, the, taken on the trial 85 o. * Officers of the South Carolina College — (See Elections.) Ordinary of Anderson — (See Elections.) P. PALMETTO LYCEUM OF CHARLESTON. Falmctto Lyceum of Charleston, an Act to incorporate the 59 Charter members 59 Privileges and liabilities 59 Duration of charter GO PATROL AND MILITARY GUARD. Patrol and Military Guard, an Act to amend an Act entitled " An Act to provide a, for the City of Charleston, and for other purposes"... 22 Act of January 28, 1861, extended 22 Resignations and withdrawals 23 R. RAILROAD COMPANIES, REPORTS OF. Reports of Railroad Companies, an Act to regulate the, and for other purposes 65 x INDEX TO THE ACTS. Pint Reports, when companies are to make 65 Form of report t >i > Reports in Legi lature, existing laws requiring, repealed 67 RELIGIOUS AND CHARITABLE SOCIETIES. Religious and Charitable Societies, and Societies for the Advancement of Education, an Act to incorporate certain, and to renew and amend the charters of others, heretofore granted 76 Hebrew Benevolent Society of Columbia 76 Public School at Aiken. ^ 76 Mount Lebanon Baptist Church 77 ROADS, BRIDGES AND FERRIES. Roads, Bridges and Ferries, an Act to establish certain, and to renew and amend certain charters heretofore granted 64 Road, a new to be opened in York District 64 Road, Commissioners to lay out and open a new, in Orange Parish 64 Galarant's, established as a public ferry 64 Bridge, citizens of Anderson aud Greenville empowered to keep up a, .over Saluda River 64 Bridge, Hiram Cooly permitted to receive tolls on his 64 Road, an existing, in St. George's, Dorchester, declared a public 65 Road, appointment of Commissioners to lay out a new, in Edgefield, on certain conditions 65 s. SALT. Salt, an Act to encourage the manufacture of, within this State 78 Salt, two companies for the manufacture of, authorized 78 Capital stock 78 State subscriptions, how to be made 78 Votes of stockholders 78 Capital, balance of 78 State not liable for the acts of the Companies 79 Annual reports, Company or Companies to make 79 Profits, restrictions upon dividend 79 Dissolution of Companies, equal division of profits to be made in case of, 79 SOCIETIES, ASSOCIATIONS AND COMPANIES. Societies, Associations and Companies, an Act to incorporate certain, and to renew and amend the charters of others, and for other purposes, 70 Jasper Greens 70 INDEX TO THE ACTS. si Page Beauregard Light Infantry 70 South Carolina Rangers 71 South Carolina Commandery, No. 1, Knights Templar 71 Cheraw Bridge Company 71 Charleston Zouave Cadets 71 Summerville, amendment of charter of the town of 72 SOUTHERN EXPRESS COMPANY. Southern Express Company, an Act to incorporate the 60 Corporators f, 60 Name and style 60 Capita 1 stock 60 Business when Company may commence 60 Officers, elections of 61 Elections, in what cases day for may be changed 61 By-laws, Directors may make 61 Business of the Corporation 61 Office, location of principal 02 Meetings, where regular shall he. held 62 Unclaimed freight, how disposed of. "62 Moneys therefrom, how disposed of ' 62 Liability of stockholders 63 Franchise, when to attach 63 Repeal, this Act Bubject to modification or 63 Suits, how commenced 63 STOCK. Stock, an Act to authorize the issue of, to the amount of one million i ight hundred thousand dollars, for the military defence of the State, and for other purposes 26 Loan for military defence authorized 26 By whom made 26 Stock certificates, by whom issued 26 Books of registry 26 Certificates, form of. 26 By whom Countersigned 27 Interest, when payable 27 Stock, when redeemable 27 Stock, faith of State pledged for redemption of. 27 Stock, sales of, by whom made 27 Moneys due the Slate by the Confederate States, to be placed in the Treasury 27 xii INDEX TO THE ACTS. SUFFRAGE. H Suffrage, an Act to enable volunteers in the military service to exercise the right of. , 20 Suffrage, to be exercised by volunteers 20 Elections, mode of conducting 20 Military managers of elections, duty of 20 District managers of elections, duty of. 21 Repugnant Acts suspended 21 SUPPLIES. Supplies, an Act to raise, for the year commencing in October, 1801 1 Tax on land 1 On slaves 1 Exemption of lands and slaves in possession or control of the enemy 1 On free negroes, &c 1 On city and town lots and buildings 1 On land only, where buildings were burned, in Charleston 1 Exemption of city property when in possession of enemy 1 On factorage, professions and offices 2 On commissions, &c 2 On Bank capital, bonus unpaid 2 On foreign bank agencies 2 On gas companies 2 On premiums of foreign insurance companies 2 On sales of merchandise by resident merchants 2 On sales of merchandise by transient persons 2 On circus and stage exhibitions 2 On moneys invested 2 On commercial agencies 3 On cards and billiard tables 3 On salaries 3 Taxes, to whom payable 3 Commissions, rate of 3 Police taxes, collectors to make returns of 3 Free negroes, &c, returns of, when to be made 3 Sullivan's Island, returns of property on, to whom to be made 3 Exemption of property used or destroyed by the military 3 Bank of the State, Columbia Branch to pay into Treasury certain moneys 3 Supplies, an Act to amend an Act entitled " An Act to raise, for the year commencing in October, 1800, and for other purposes...' 82 Stock to be issued instead of bonds 82 INDEX TO THE ACTS. xiii Take By whom to be issued 82 Interest on. when and where payable 82 Military defence stock, interest on, when and where payable 82 Bftnk of the State to be refunded 8150,000 83 Notes receivable, the Bank of the State to issue 83 Advance to the Treasury, the Bank authorized to charge 8250,000 as an 83 Supplies, an Act to suspend the ninth section of an Act entitled " An Act to raise, for the year 1*2:5," and for other purposes 84 Ninth section A. A. 1N'2.">, suspension of. 84 Commissioners of Free Schools, default of, in making returns 84 SUSPENSION OF SPECIE PAYMENTS. Suspension of specie payments by the Banks of this State, an Act in reference to the, and for other purposes 42 Suspension of certain sections of certain Acts 42 Dfficss, Banks may change the location of their 43 Bills issued by Banks, where payable in case of change of location 43 Rules and regulations, Directors arc authorized to make all needful 43 T. Trcnholm Mutual Insurance Company — (See Insurance.) u. UNION LIGHT INFANTRY CHARITABLE SOCIETY AND COMPANY. Union Light Infantry Charitable Society and Company, an Act to amend the charter of the 74 Honorary members, power to elect, not members of the Company 74 Incorporation • 74 Process issuing from Company. Sheriff to execute , 71 Charter, limitation of, to original 74 w. WACCAMAW LIGHT ARTILLERY. Waccamav Light Artillery, an Act to authorize the formation of a volunteer company of light artillery, and to incorporate the same, by the oame of the 67 Inspect and receive, Adjutant and Inspector General to 67 xiv [NDEX TO THE ACTS. Officers <17 Incorporation of Company '. Privileges Process, S heriiT to enforce » >T waii TAX. War tax. an Act to provide for the payment by the State of the, of the Confederate States, ami fur the collection of the same from the tax-payers of this Slate 23 Funds, how to be provided 84 Books, by whom provided and distributed -\ Bonds, Tax Collectors to execute 2 I Collectors, Governor may appoint new, on failure of Collectors to execute bonds -i Opening of books, times for the -4 Re-opening of books, time for the 25 Tax, levied and collected same as Confederate war tax 25 Compensation to Collectors L'5 Returns, when and to whom made 26 Taxes, how and by whom to be drawn from Treasury t 25 Penalties, all existing, made of force 25 Medium of payment, same as provided for State taxes 2u' Y. YORK GAS-LIGHT COMPANY. York Gas-Light Company, an Act to incorporate the 80 Corporators 80 Powers and liabilities 80 Real estate, authority to acquire and hold 80 Capital stock 81 Stock deemed personal property %\ Business of the Corporation 81 Property, Company may sue for damages to Duration of Corporation SI