Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-01-12

competent witnesses. The accused, in such
a criminal case, and the parties. in every
such civil case, may be witnesses, and 90
may every other person who is oompe-
tent witness; apd in every such case, either
party may offer testimony rs to his own
character, or that of bis adversary. or Of
the prosecutor, or of the third person men.
toned in IN indictment.
XXI. A Magistrate shall have iuris.
diction over small disputes, controversies
and complaints that may arise in his neigh.
0orhood between persons of color, or be-
tween persons Of color and white person,
and OF petty misdcmennors committed by
or toward person Of color, between mas
ter and servant, between master and an.
prentice, and between employer and laborer.
and civil suits, involving not more than
twenty dollars, in which rerson of color
Is p"rty-ls power in no case going DO.
yond judgment, fine or forfeiture Of TWEEN.
ty dollars. He shall be specially CHARGED
with the supervision Of persons Of colorlin
his neighhorhood, their protection, tho pre-
| vcntion Of their misconduct and depreda-
tlons, and cautious regard to the peace,
health and safety Of his neighborhood.
XxGlI. Persons Of color shall be liable
to suits commenced by attachments, for
eign and domestic, as white persons are in
| like cases. Besides this, there NAV be-.
in the case of a person of color, proceed
ing 10 be called special attachment of the
following nature, namely: By any tax, q
person Of color is made liable for sum
certain, tax collector, or other person who
has right to collect the sum certain, and
who desires to obtain from garnishee
what 's supposed to bo in his hands be-
longing to such person Of color, may cue
out short summons against the garnishee,
| in or upon which the sum certain before
mentioned, with costs, and the amount or
property claimed to be in the hands of the
garnshce, shall be sot down, which sum-
mons Magistrate may issue, if the amount
OF money or value of property claimed
from the garnishee is twenty dollars or un.
der, and the District Court must issue, if it
is above that sum. The summons hsvinn
been issued, the garnisllee, if he ackuowl-
edge his Indebtedness to tie person of color
before mentioned, or his possession of
property belonging to him, may pay to tho
plaintiff in attachment, if his debt to the
person OF color be due, or give lis note to
such plaintiff, if such debt Le payable at a
| future day, and may surrender to such
plaintiff any choose in action or other prop.
er,y of tho person Of color in his possession.
so as to discharge the amount claimed
from him, Or so much thereof as will sat-
isfy the tax and costs, and the receipt of
tho plaintiff in attachment shall be an &C.
quittance of the garuishce pro tante against
the person of color. If the garnishcs
should not acknowledge, pay, give, note
and surrender AZ above, to the satisfaction
of the plaintiff in attachment, the gar
nishee shall, in obedience to the summons.
make the return, on oath, to the Magistrate,
or District Court, as the ease may be, Of
what, If anything. lie owes to the person of
color, either presently duo or payable in
future, or has in possession belonging to
him. If the plaintiff should be then salts.
fled, the garnishee shall pay. give, note and
surrender rs before mentioned; but If the
plaintiff should be still dissatisfied. he and
the garnlshee, with other witness, (of whom
| The person OF color may be one on either
slde,) shall bs heard, and orders respecting
| the matter between them be made by tho
Magistrate, or District Court, according to
the truth rs il may appear. If the gar
nshee should fail 10 make a return. or meet
the trial, Judgment shall be rendered against
him for the amount or value claimed from
h'm lp the summons. Any property sur
rendered by a garnishce before or after
trial, shall be sold under the order Of the
Magistrate or Court, and the proceeds np-
P'led 10 tue payment of the tax and costa.
aud the surplus, If any, shall be paid to ,
the person Of color. For goods eloigued,
or wasted after service Of the summons.
the garnishee who had them in his posses:
sion shall Le made answerable. Like pro.
ceedings may be had upon any secsnd or.
subsequent attachment; prieriiy between
various plaintiffs pursuipg the same gar
nishcs being settled according 70 the priority
Of tho differen! dates of different summonses
against him. .,.....
XXXII1. Questions of color and ca.,s
shall, subject to the right ofsarpeal ON.
either side, be conclusiveIy determined bv
n verdict rendered upon an issue, Of fact
joined II case Of prohibition or manda-
mus. The visit in such case may be grant.
cd, upoa application made BY or 10 behalf
OF any person alleged TO bs a person Of
color, against any Sheriff, Magfatrs,e or
otl'er officer, who, is proceeding in. a way
that would be proper towarsl person Of
color and not proper toward d white per-
| son, or who refuses, at the instance of the
person in question, TO do Rbata white Der
son shall have "a right to demand 20 be
done. 1t may be granted by any Judge Of
Superior Cour, !ior by thee Judge of the
District Court 10 whose district the officer
belongs. tue burden Of proof being, by the
order of the Judge thrown upon that party
against whom3h his opinion inclines. accord.