The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1866-01-11


give, noto and surrender as above, to the
satisfaction of the plaintiff in attachment,
the garnishee shall, in obedience to the
summons, make the return, on oath, to
the Magistrate, or District Court, as the
case may be, of what, if anything, he
owes to the person of color, either pre-
sently due or payable in future, or has in
possession belonging to him. If the
plaintiff should be then satisfied, the gar
nisheo shall pay, give, note and surrender
as before mentioned; but if the plaintiff
should be still dissatisfied, he and the
garnishee, with other witnesses, (of whom
the person of color may be one On either
side shall be heard, and orders respect
ing the matter between them be made by
the Magistrate, or District Court, accord
ing to the truth as it may appear. If the
garnisheo should fail to make return, or
meet the trial, judgment shall be rem
dered against him for the amount or value
claimed from him in the summons. Any
property surrendered by q garnishee
before or after trial, shall be sold under
the order of the Magistrate or Court, and
the proceeds applied to the payment Of
the tax and costs, and the surplus, if any,
shall be paid to the person of color For
goods elcigned or wasted after service of
the summons, the garnisheo who had
them in his possession shall be made an
swerable. Like proceedings may be had
upon any second or subsequent attach
ment; priority between various plaintiffs
pursuing the same garnishoc being settled
according to the priority of the different
dates of different summonses against him.
XXXIII. Questions Of color and caste
shall, subject to the right Of appeal on
either side, be conclusively determined by
verdict rendered upon an issue Of fact
Joined in case of prohibition or manda-
mus. The writ in such case may be
granted, upon application made by or in
behalf of any person alleged to be per
son of color, against arg Sheriff, Magis-
trate or other officer, who is proceeding
in way that would be proper toward
person Of color and not proper toward a
white person, or who refuses, at the in
stance OF the person in question, to do
what white person shall have a right to
demand to be done. 1t may be granted
by any Judge of 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 upon that party against whom his
opinion inclines, according to the judg-
ment which he may form, upos' inspection
of the person in question, cflidavits or
documents. The issue shall be tried in
the Superior Court of Law for the Dis
trict aforesaid Inspection of tho person
in question, and of his kindred, testimony
direct, or from reputation, concerning his
parentagc, and direct testimony concern
ing his conduct and reception in society,
may enter into the evidence. The At
torney-General or Solicitor of The Circuit
shall, ca oJzcto, represent the party yfIicer
in the issue. A judicial proceeding, not
such as is here made conclusive, previously
had, in case wherein the person in cues
ton was party, or wherein Iris caste
was collaterally tried in case between
other parties, may be received in evi-
dence, but shall not be conclusive OF have
weight beyond what, undor the circum-
stances, the Jury may give.
XXXIV. An action or legal proceed
ing, not involving the title to land, in
which person of color is plaintiff or de-
fendant, must be commenced as below
specified, or it will be barred, namely:
An action founded upon a tort within
three months from the time tho cause OF
action arose; an action founded upon
contract not in writing, within six months
from the time the cause Of action arose;
an action founded upon contract in
writing, wherein the debt or damages do
not exceed two hundred dollars, within
twelve months from the time the cause Of
action arose; except that, first, pay
ment of part, with distinct acllnowl-
cdgment of balance due, Oh. an express
promise to pay well defined sum, shall
constitute q now cra from which the
period of limitation shall run on a matter
of contract. Second, that if any legal
proceeding shall be commenced within
the limited period, in good faith for re-