The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1866-01-24


he proposes to offer evidence for preservation,
and stating the fact of the destruction or loss,
positively. or at least that Ne verify so be-
leves, and also stating whether or not there
are other &rsons having like or opposite in
terest witt him in the matter to be testified
to, anSp hat the interest Of such persons IS,
and If mere be any such, the said Master or
Commissioner shall issue subpoena d1 res
pondendum, directed to the said parties, to
appear and cross examine the evidence which
may be produced. and to introduce evidence
in reply and if the applicant shall desire a
discovery from any party interested, he shall,
on making oath, as in bills of discovery, be
permitted to send with the subpoena intcrro-
gatorles, which shall be answered as in bills
for discovery. And whether or not there
shall appear to be other parties besides the
applicant who are interested. the Master or
Commissioners shall publish the notice of APP
plcation for three months in the same man
ner as now prescribed for notices to absent
defendants in EqEfty, and all parties who may
think themselves rterested may come IN as
they had b, ~ ser cd with subpoena.
VI. At the expiration of the said three
months, the Mas;cr or Commissioner shall
proceed to take the evidence if the party ma
king application therein asks for leave to have
evidence of he true location Of one or more
tracts of land taken for preservation, the Mas
ter or Commissioner shall have authority to
issue rule of survey to Deputy Surveyor,
to be selected by himself for that purpose, to
whom all the papers and other evidence OF To-
cation shall be furnished by the party or par
ties in interest, ard who shall return his
plats duly certified to the Master or Commis
sioner issuing the order, on or before day to
be therein fixed by him.
VII The evidence SO taken shall be pre-
served, and the parties may have the same
recorded in the Offices Of the Register Of
Mesne Con7eyances and the Secretary OF
State, and (if it relates to records Of any
Court in that Court in " hich the lost or de-
stroyed record which it proposes to prove
was made.
VIII The evidence so taken, perpetuated
and recorded, shall be received in all Courts
subject to the same rules, as to competency
and credibility, as any other evidence, except
as hereinbcfore provided.
TX For performing the d"ty assigned
them, the Attorney-Gcr Gral and Solicitors
shall receive twenty dollars for each bill, and
the Masters and Commissioners the usu@'
fees for filing the bill and making and put
fishing the general notice thereof, and the
printer the usual fees for printing the same
all of which shall be paid by the State Treas-
urer on the certih ate Of any Chancellor
The costs of all other proceedings shall be
paid bv the parties who seek the relief pre-
ferred by the bill, except that in cases in
which .IEere IS d contict cfintercSt, the Chan-
ccllor shall decide which party shall pay
them.
X. The bills shall remain on the docket
for five years, unless the General Assembly
shall sooner order them stricken OFT, during
all which time all persons may come IN and
seek the relief intended.
XI. That no law now in force, or which
NAV be passed at this session of the General
Assembly, Of the character Of a stay law or
law prohibiting suits in Court, shall be held
as APPLYING to or afftctiI 6 the provisions OF
this Act Prcr;d5d, This section shall not be
construed to authorize the collection of any
debt or money contrary to the provisions OF
any stay law now in force or hereafter enac-
ted
XII Nothing herein contained shall prevent
any one for establishing, On the trial Of any
cause, any lost paper, according to the rules
Of evidence now existing.
In the Senate House, twenty first day OF
December, IN the year of our Lord one
thousand eight hundred and sixty-tiTe.
W. D. PORTER,
President Of the Senate.
C. H. SIMONTON,
Speaker of the House of Representatives
Approved JAMES L. ORR.
AN ACT TO ESTABLISH THE UNIVERSITY OF
SOUTH CAROLINA.
Whereas, The proper education of youth is
matter Of vital Importance to this State IT
it's present condition, and ought to be the
special object Of Legislative attention: anu
achereas, The conversion of the South Caro-
lima College into an University will meet Its
great demand, and will foster al! the elements
Which have heretofore contributed to its IN
tellectual and moral power, and will preserve
its unity and glory:
/ Be 1t enactedby the Senate and HonSe Of Rep
resentative$, nor met ard $jtting IN 4gner@I is
$embLy and by the aMhority Of tile same, ina
the CORPORATION heretofore created by an Ac
entitled "An act to establish a College at 60
lumbia," ratified the nineteenth day OF De
cember, in the year OF our Lord one thouSan'
eight hundred and one, shall hereafter O.
| known as the University of South :t4l lo!lna
and as SUCH shall be entitled to all the 'lght
and be liable 20 all the duties conferred o
imposed upon the SAD original corporation b.
the sad Act, and all amendments hereto
except where the same shall be modltlcd b
the provisions of this Act &
ii. That the Board of Trustees of the Uni
versity of South Carolina shall, as soon a
practicable after the ratification of this Ac
establish schools and provide for competen
Professors in the following departments, t
wit: First, School of Ancient Language
and Literature; second, a School of Moder
LANGUAGES and Literature; third, School
History, Political Philosophy and Economy
fourth, School of Rhetoric, Criticism, EIoc'
ton and English Language and Literat1re
fifth, a School Of Mental and Moral PhIos'
phv, Sacred Literature and Evidences.
Christianity sixth, a School of Mathematlc
Civil and Military Engineering and ConStrI
, ton seventh, a School of Natural and NJ
chanical Philosophy and Astronomy; e'Sht
Schoor of Chemistry, Pharmacy, Mine9a
: ogy and Geology.
, III. The Board of Trustees shall take ca'
that one of the Professors therein provld!
for shall be a Minister of the Gospel, WI
shall also be char ged with the duties Of Cha
lain to the sa:G University, under such reg
lations and with such additional salary