The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-08-09

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DECREE OF THE COURT OF EQUITY ANNULLED.-
HEADQ'Rs. SECOND MILITARY DISTRICT,
CHARLESTON, S O., August q 1867.
| tsrEoIAL ORDERS, NO. 119l
|. (ExTnAcT;,
l. Whereas upon o bill of complaint filed ir
Equity in the Court Of Chancery of South caro-
lima, by the Bank Of Charleston os. James Iuppel
and the President and Directors OF the BANK o.
the State Of South Carolina, to which bill the Mer
John y. Sloane were afterwards, upon then
respective petitions, admitted to answer
as defendants; o decree was made ana
entered by H. D. Lesesne, Chancellor ol
said State, on the 9Th day Of March, A; u: 1867
ordering and directing James w. Gray, Master : IN
sum of five thousand two hundred and twenty.
three dollars (S5223 in specie, and to the Bank OF
Charleston and the Bank Of Cheraw, Jointly, the
sum of five hundred and seventy-four dollars
(S574) in SPECIE. and to Hayne Son, solicitors,
representing John r. Sloan, and certain claimants
OH account Of horses sold for the use OF the Con-
federate army, the sum Of three thousand dollars
and thirty cents $4,000 30), after deductlng costs
Of suit, and giving certain directions N respect
thereof; and it appearing by the statements
and sworn answers of the parties ABOVE
named that the monies 30 ordered to be dlstrlbu-
ted constituted the balance of o fund created by
loan advance made by certain banks OF the State
of South Carolina in the early part OF the year
1865, to aid the so-called Confederate government
to remount certain portion Of the cavalry force
tary forces of the United States, which balance,
amounting to the sum OF eight Thousand seven
hundred and ninety seven dollars and thirty cents
(S8797 30) in gold at the time Of the military occu-
patton Of the State aforesaid and at the time OF the
surrender Of the Confederate armies, remained un.
expended in the hands of the Bank Of the State of
South Carolina, deposited to the credit OF James
Tupper, Auditor Of the said State and it appear
ing that said decree was procured to be made by
consent and connivance Of James Tupper, Auditor
of the State and the Bank Of the State OF South
Carolina, the general fiscal agent Of said State;
and it further appearing that neither the United
State government nor the State of South Carolina
appeared in said proceedings in Equity, or submit
ted to the determination OF the
court-that the United States authorities had not
notice Of the proceedings aforesaid-that irregular
and unusual means were employed to prevent
Of the said suit and Of The existence OF
said fund from coming to the United States au-
thorities OF which it s alleged the said Chancellor
and the parties before the court and their counsel
were c1gnizant; and it further appearing that the
said sum of eight thousand seven hundred and
dollars and thirty cents (SS797 30),
was the property Of the United States at the time
of the proceedings aforesaid, and that the Chan
celor had no jurisdiction or authority to warrant
his disposng Of or interfering in any way with SAID
monies, the same being part Of the funds OF the
United States: Therefore it is ordered, that the
said decree in Equity be reversed and annuled as
without jurisdiction, erroneous, irregular, and .
fraud upon tho rights of the United States.
1. It is further ordered, that the Bank OF
the Bank Of Cheraw, simonton & Barker, j. L.
CAN'T, Register, Hayne & Son, and James W,
Gray, and John T. Sloane, and such other person
or persons, or claimants as have received any por
ton of the said sum of eight thousand seven hun
dred and ninety-seven dollars and thirty cents
sums by them respectively, as received in specie,
into the hands of A. ]. Willard, at the Office Of the
Bureau of Civil Affairs for the Second Military
District, at the Citadel, Charleston; and the said
A. J. Willard is hereby designated and appointed
receiver thereof for the United States.
g. 1t is further ordered, that the said receiver
have authority to take proofs, and ascertain and
determine all persons to whom any portion Of said
funds has been paid, whether claiming through
the said John I. Sloane or otherwise; and for that
md take depositions; and that he report without
unnecessary delay any person or persons, or cor
porate body in default for noncompliance with
5he terms Of this order.
8. 1t is further ordered, that any de-
iciency that shall remain Of the said sum
~ airI,f h,,,,<f <f,aI
seven dollars and thirty cents (sS,797 S0)
n gold, in consequence Of the respective distrib-
1tees thereof failing TO pay over and refund, as
ordered, shall be made good and paid by the Bank
If the State Of South Carolina and James Upper,
1pon their being notified Of said deficiency by
said receiver.
4. And it is further ordered that the said re-
,eiver take proofs as to the means employed by
my person or persons to conceal from the proper
,iyil and military officers Of the United States,
knowledge Of the existence of said fund, or Of the
said suit, or Of the decree therein pronounced,
,r Of the proceedings under said decree, and
whether the United States have been prejudiced
hereby, and what person or persons have render
ID themselves amenabe to the United States by
eason thereof, and the nature and extent OF such
responsibility and that said receiver report there
IN with all convenient dispatch.
By command Of Major-G General D. E. S1cKLEs:
Capt. 3Sth U. s. Infantry,
A. D. G. and A. A. A. G.
Official: ]. W. CLoUs, Capt. 3Sth Infantry, A. D.
}. and A. A. A. G..
TEE FAIRIES OUTDoNE.-The Princess, in the
airy Tale, dropt pearls from her mouth when she
pened it, but whoever uses that talisman of
cience, SozoDoNT, will have mouthful of pearls
hat will never drop out, darken or decay. WIZ
FL. III.
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