Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1863-04-29

UARUIlNA, WEDNENDA
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AN ACT
To Ent force ang Proclamation Of the Coz.
ernor Prohibiting tie deportation of
Provisions ,,....--... -. ,s
I. Be 1t enacted by the Senate and House
of Representatives now met and sitting in
General Assembly and BY the authority Of
the same, That when any proclamation Of
the Governor prohibiting the expectation ef
provisions may besof force, if any person
exports such provisions contrary to the true
intent and meaning Of such proclamation,
he or she shall be liable to indictment, and
on conviction, shall be- fined in an amount
not less than twice the market value of the
article at The time of ssntepce, nor shall
any snch person on arrest 10 answer be dis.
charged unless he or she enter into recog-
nizance for his appearance at the next term
of the Court of General Sessions, with two
or more good sureties, in a sum not less
than twice the market value Of the article
exported.
II. That if any person shall attempt to
export as aforesaid any provisions contrary
to the true intent and meaning of such
proclamation, on information given to any
Magistrate of the District in which the per.
son so offending may reside, or be taken,
as hereinafter provided, such Magistrate
may issue his warrant, directed to the Sher~
iff, Constable, or any citizen of the said
District, authorizing the arrest of such per-
son, and on failure Of such person to enter
into recognizance with two or more good
sureties, for appearance at the next Court
of General Sessions appointed for such Dis
trict, to answer to an. Indictment for such
attempt in not less than double the market
value of the articles proposed to be carried
beyond the State, the Magistrate may com.
NIT the party offending to jail,s to be held
to answer the Indictment, and On conyic-
ton, to be fined and imprisoned at the dis.
cretion of the Court. a
III. In case of proceeding under the
second section of this Act, it shall be the
duty Of the officer or person authorized to
arrest, to seize the articles so attempted to
be exported, and deliver them to the Sher-
iff of the District, who shall securely retain
the same until the indictment is disposed
of; and the Judge by whom the offending
party may be sentenced for violation Of any
ofthe provisions of this Act shall order the
fne imposed to be paid over to the Soldiers
Board of Relief of such District.
Nv. That on affidavit made by any such
Sheriff that the articles seized are perisha-
Bile, it may be lawful for any of the Judges
Of the Courts Of haw to order the sale of
such articles for cash at the Court House,
on any day after fifteen days notice by ad-
vertisement in a newspaper, if any be pub
lished in such District; if not, by written
notice in three conspicuous places in the
same, and on receipt Of the proceeds Of the
sale after retaining the costs Of the adver.
tisement and FIVE per cent. on such pro.
ceeds, the said Sheriff shall pay the balance
into Court.
V. That in case the said party is on trial
acquitted. the articles so seized, or the pro-
ceeds of the sale, authorized in the fourth
Section of this Act, shall, by order of the
Court, be delivered over to such party, who
shall also have claim against the State for
the interest on the market value Of the said
articles from the day they may be SO seized,
and for compensation ip case Of a sale bav.
Ing been made, for the amount paid out Of
the proceeds for the advertisement and per
centage allowed the Sheriff.
VI. That on conviction Of the person or
persons offending against the second Sec
tion ofthis Act, the articles seized, in case
no sale has been ordered by them as before
provided, shall be sold for cash by the Sher-
if, at such time, place and notice as the
Judge, passing sentence, may direct, and,
after deducting from the proceeds Of such
sale the costs of the notice, and FIVE per
ceutum for the Sheriff, the balance shall
be paid to the Clerk, and by him be recei-
we'd on account of the Gne imposed by the
said Judge; aud in the event of sale hav.
ing been made, as provided by the fourth
Section of this Act, the amount paid into
Court, as thereby required, shall be recei-
we'd on account of the fine imposed
VII. That for the purpose of more fully
carrying into effect the provisions of this
Act, the Governor may, whenever he thinks
proper, appoint one or more persons, in each
District, whose duty it shall be to see that
prosecutions are commenced against often.
ders, which agents shall be paid out of the
contingent fund compensation by him
regarded adequate for the services they may
render
AN ACT
To amend an Act entitled "An Act to a.
mend an Act entitled 'An Act to organ.