The tri-weekly news. [volume] (Winnsboro, S.C.) 1865-1876, 1866-01-09
. [voL. II.----No. i27.

son of color. For goods eloigned or
wasted after service Of the summons.
the garnishee who had them in his pos.
session shall be made answerable. Like
proceedings may be had upon any Sc.
cond or subsequent attachments prior.
" between various plaintiffs pursuing
the same garnshce being settled accord
ing to the priority Of the different dates
OF different snmmonses against him.
X44llI. Questions OF color and
caste shall, subject to the right of ap-
peal on either side, be conclnsiye)y d..
termined by verdict rendered upon am
issue OF fact joined in case of prohibi.
ton or mandamus. The writ in such
case may be granted, upon application
made by or in behalf of any person al
legged to be person of color, against
any Sheriff, Magistrate or otber officer.
who Us proceeding in It, way that world
nr proper toward q person Of color and
not proper toward Il wlS'e pcfson. or
who refuses, at the instance Of the per-
son in questions, to, do what a white per.
son shall have right to demand to be
done. 1t may be granted by any
Judge Of a Superior Court. or by the
Judge of the District Court to whose
district the officer, belongs the burden
Of proof being, by the order Of the
Judge. thrown nponthe party against
whom his opinion inclines, according to
the Judgment which he may form, upo,s
inspection Of the person in question.
affdavits or documents. The issue shall
be'tried in the Superior Court Of LaW.
for the District aforesaid. Inspection OF,
the person in question, and OF his kin.
dred, testimony direct, or from repu,a. :. B
,tion, concerning his parantage, and di-a
rect testimony concerning his conduct
and reception in society, may enter into
tho evidence The Attorney. General
or Solicitor Of the Circuit shall, er oficio
represent the party, officer, in the issue.
A.judicial proceeding, not such MS is
here made conclusive, previously had,
in a case wherein the person in question
was a Pnrty, or wherein his caste was
collaterally tried in a case between 9th
>er parties, may he received in ev,d, nee,
but shall not ba conclusive or have
weight beyond what, under The circum-
stances, the Jury may give.
194IV. An action or legal pro.
ceeding, not involving the title TO land,
in which person Of color is plaintiff or
defendant, must be commenced as be.
law spe ,ific'l, or it viii be barred, name.
": Ar action founded upon tort
within three months from the time the
cause of action arose an action fonnd.
dnpon a contract notAin writing, with.
in, six months from the time the canse of
action arose; ain action founded upon q
contract in wiring, wherein The debt or
damages do not exceed two tllundred
dollars, within twelve months from the
time the canse Of action; except that,
first, q payment of part, with distinct
acknowledgement Of 4 balance due, or an
express promise to pay. a well defined
sum. shall constitute a new era from
wh,ch the period Of Limitation shall run
ona matteEof contract Second, that
lf any legal proceeding sl,all b., com.
'menced within, the, limited period, in
good 'faitli for recovery upon tort or con-
tract, aud shall terminate. without indg.
ment for the plaintiff, It's, termiination
shall constitute, The period from which
thetime shall be, counted. Third that
these shall not,be il,clnded in the com.
pntaiion Of iime betwsSa .he death OF
q white person, defendant, and grant OF
administration or probate to his person.
al REPRESENTATIVE. Nor fonrtb itheit timt