Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1866-01-18

son Of color in his possession, 50 as to dis,
charge the amount claimed from him, or 30
much thereof as will satisfy the tax and
thereceipt Of the plaintiff in attachment:
shah be an acquittapce of the garuishee
pro tanto against the person Of color. If the
garnishee should not acknowledge, pay,
give, note and surrender as above, :, to the
satisfaction Of the plaintiff in attachment,
the garnishee shall, in obedience to the sum
mons, make the return, on oath to the Mag
istrate, or District Court, as the case may
be, of what, if anything, he owes to the per-
son of color, either presently due or pay,
able in future, or has in possession belong
ing to him. If the plaintiff should be then
satisfied, the garnisbee shall pay, give, note
and surrender as above mentioned; but If
the plaintiff should be still dissatisfied, he
and the garnishee, with witness, (of whom
the person Of. color may be on either side,)
shall be heard, and orders respecting the
matter between them be made by the Mag:
istrate, or District Court, according to the
truth as it may appear. If the garnishee
should fail to make return, or meet the
trial, Judgment shall be rendered agains:
him for the amount or value claimed from
him In the summons And property sur.
rendered by garnishee before or after a
trial, shall be sold under the order Of the
Magistrate or Court, and the proceeds ap.
piled to the payment of the tax and costs,
and the surplus, ifany, shall be paid to the
person of color. For goods eloigned .ol
wasted after service of the summons, the
garnishee who hadfthem in bis possession
shall be made ansWersble. Like proceed
ings may be had upon any second or aubse-
qusDt attachment; priority between yarious
plaintiffs pursuing the same garnishee be.
ing settled according to the priority of the
different dates of different summonses a.
gainst him. Z,
XXXIII. Questions of color and
caste shall, subject to the right of ap-
peal on either side, be .conclusively de-
termined bya verdict rendered upon an
issue of fact joined in q case of prohib.
ition or mandamus. The writ in such
case may be. granted, upon application
made by or IN behalf Of any person al
legged to be a person of color, against
any. Sheriff, Magistrate or other officer,
who is proceeding in a way that would
be proper toward a white person, OF
who refuses, at the instance Of the per
son in question, t.. do what a white per
son shall have right to demand to be
done. It may be granted BY any Judge
of q 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 the party against whom his opin-
ion inclines, according to the judgment
which he may form, upon inspection Of
the person in question, afhdayits or doc.
uments. The issue shall be tried in the
Superior Court of Law for the District
aforesaid. Inspection of the person in
question, and Of his kindred, testimony
direct. or from reputation, concerning
his parentage, and direct testimony con.
cerning his conduct and reception IN
society, may enter into the evidence
The Attorney General or Solicitor ot
the Circuit shall, er cffcio represent the
party, officer, in the issue. "A Judicial
proceeding, not such as. is here made
conclusive, previously had, in !. q case
wherein the, person in question was a
party, or wherein his caste was collate,
rally tried in case between other par.
ties, may be received in evidence, but
shall not be conclusive or have weight
beyond what, under the circumstances
the Jury may give, sl.l..;,E. 4. !,
| XXXIV. An action or legal proceed
ing, not involving the title to land, il
which person of color is plaintiff OF
defendant, must be commenced as be
| low specified, or it will be barred, name
lly: An action founded upon tori
within three months from the time the
cause of action arose; an action found
ed upon contract notin writing, with.
in six months from the time the cause o1
action arose; an action founded upon q
contract in writing, wherein the debt OF
damages do not exceed two hundred
dollars, within twelve months from the
time ofthe cause of action except that,
first, q payment of part, with a distinct
acknowledgement Of a balance due, or an
express promise to pay q well defined
sum, shall constitute a new era from
which the period of limitation shall run
on a matter of contract. Second, that
if any legal proceeding shall be com,
menced within the; limited period, in
good faith for recovery upon tort or con.
tract, and shall terminate, without iudg.
ment 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 com.
putation of time between the death Of
white person, defendant, and grant Of
administration or probate to his person
al representative. Nor fourth, the time
during which an executor or.administra-
tor and defendant is sby law protected
from suit. Nor fifth, the time during
which person of color, defendant, may
be absent from the District in which the
cause of action arose, or may be alb
sconding in that District. -
XXXV.: In reference to wills, exc
cutors and administrators, distribution
of estates after. payment of debts, the