The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1866-01-17
NUMBER 81

I garnishee what is supposed to be In his ha1ds
!, belonging to such person Of color, may sue
out a short summons against the gaFnisheA
! msdT upon which the sum certain befafem meES
| Toned, with costs and the amount Of ofproperEy:
| claimed to be in the hands or the garnishse.
shall be set down, which summons e. Maeiss
| trate may issue, if the amount of money oF
value of property claimed from the garnishea,
is twenty dollars or HnterS and the District
court must issue, if 1t is above that sum: The
t-summons having been issued, the gaanishse.
fif he acknow ledge his indebtedness te shepsr.:
son of color before mentioned, or his posses
| sion of property belonging to him, nav zpa4
no the plaintiff in attachment, if his debt. 30
the person Of color be due, or give his rote5so
such plaintiff, if such debt be payable at ffaa;
ture day, and may. surrender to such plaintiff
any chose ih action or other property of ma
person of color in bis possession so as to 7isG
charge the amount claimed from him, or1so
much thereof as will satisfy the tax and costs.
/ and the receipt of the plaintiff in attachment
kshall be ahzacquittance Of the garnishee prd
tGnte against the person of color. If the gars
Fnishee should not acknowledge, pay, gfFe,
note and surrender as ahaEe, to the sadsfacss
ton of the plaintiff 10. attachment; the, cara:
nishee shall, IN obedience to the sRmmonss
make the return, On oath, TO the Magistrate
or District court, as the case may be, ofRf&E
fanythi%g, he owes to the person Of color
either presently due or parable in future Or
has impression belonging to, him. EEa
plaintiff should be then satisfied, the earHisZ
bee shall pay, give, note andssurrenaer Is beE
fore mentioned; but If the plaintiff should
still be- dissatisfied, be and She garnfsESees
withsotherswitnesees 16f nom the lerson scf
color maybe one on either slae;G shah be.
+ heard, and orders respecting the matter bee
: tyesff them beSmade by. the Magfstrata oE:
district court, according .fce tie truth as e:
/ may eaT. the gafHfshee should tsil tof
plek q return, or meet the trial, judgement
fshall be! rendered agatpst hi for the aaseunf
4or value aiineffrom hin ft The sdmuo0s
Any property surFeA deEed by q garnisiiee
befeEe or after tF1al, ,1.shalE be ssold Under he
ordsraof the &agistrate or r9nft sSd The pros
ceeds applied to thespaEmenE of Tue :fax alitks
Costs aH64hS surplus, HanE shall be- paid to-
the perseG ef color. = Fer goods selofgned :er
wastef after sergiee OF the sanmops, the gsT-
nishee who had them its h8 possession shsI
be made answerable Like proceedings ynaSs
be had dgon any second or Or subsequent
ment, priority between various plaintiffs plIsS
+ cording to the priority Of the different dAEe3
Of tnzse9scs against him. - S5
XXXtII. Questions of coler and caste shall
subject to the right of appeal Oh either fsideS
be conelusiVely determined By verdfSS sfens
! dered upon an issue offact Joined iaa case os
prohibition or mandamus. The writ III such
may be granted, upon application made 81 or
in behalf of any person alleged to be person
of
other officer, who is proceeding IN way ftfaE
would be proper toward 3 person Of cofeFt ard
not proper toward q white person, orsWho res
fuses, at the instance of the; perseH ID qaesz
ton, to do what a white person shall hsge<
right to demand to; be done. Il may 5begraiss
ted by any Judge ola Superior court or by
the Judge of the District court to whose dis
triet the officer belongs. the burden Of PROOF
being, by the order Of the Judge, thrown ap4
on that partysGgafnst whom his opiufoa in-.
clines5 according to the judgement which be.
may form, upon inspection of the person III
I question, af6davfts or documents. The issu6
shall :be.tried in the Superior court of Law
for the District aforesaid Inspeetion of the
person in question: and of his Bfndred testii-S.
niony direct; or from reputation, coneerHine;s
his parentage; and testimony -eoneerniRg bis.
conduct and reception in society, may elitefA
into his evidence The Attorney GeneFaf or
Solicitor of the circuit shall, S9:95fcao5 fepre.
sent the,partYs officer in the isSue.4 a Judfa
cial proeeeding,aoS such as is here made con,
elusive previously had, in case #heEeia The
person in question was a party, or wherein
bis caste was coflatefally tried III l. case bes
tween other parties, may be received in segi..s
dence, but shall net be conclusive or hagss
weight beyond what -Rnder ttbe esrci
ces, the Jury may giye:.-,,Es. ~ ,t.ssl
XAxIV. An action of legal proceedings
not involving. the title to landJ IN Hhieha per
son Of color is pIainti&oF defendant ,snausE bSE
cemmeneed as, below specified, or ShWill be5
barred, Ramelyi .Aa action founded hpon &
tort within three months from The time the
cause Of action arose IAN action funded upc4
ascontFact not In writing, within six InoEths
from the time the cause Of action arose: s1
action founded upon a contract ID: writing
wherein the debt or damages do, NOT exceed
two hundred dollars within twelve months
from the time the cause of action arose ( ,e9ss
cept that, first, payment Of part, with 9 dis d
tinct acknowledgement of a balance due, orr
an express promise to pay we'd defined sum;
shall constitute new era frotn which the PEI
ROD OF IlmltatlCl SndII run OtA O4y
contract. Second, that if any legal proceed
ing shall be commenced within the limited
period, in coed faith for recovery upon tort
contract and shal Il terminate without judge:
rnent for the plaintiff its termination shall
constitute the period from which the time
shall be counted. Third, that these shall not
be included in the computation of time be-
tween the death of white person, defendant;
and grant of administration or probate to, his
personal representative. Nor fourth, the
time during which an executor or administras
tor and defendant is by law protected from
suit. Nor fftb; the time during which per-
son of color, defendant, may be absent from
the District in which the cause of action
arose, or may be absconding in that District,
xXXV: In reference to wills, executors
and administrators, distribution Of estates af.
ter payment Of debts, the rights and remedies
of leeatees and next to kin; and all other
matters relating to testators and intestatess p
the same which applies to white persons shall
extend to persons Of color. ...:.... ........-.l
XXXVI. To the District court there shall
be an appeal from the Ordinary in respect TO-
matters which affect persons Of color, to be
conducted as in like case is an appeal to Su-
perior court. An appeal from Magistrate
shall go to the District court, the appellant
having in cash: to the MAGISTRATE, one dollar: