The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-08-09
DECREE OF THE CoUnT OF EQuiTY AHNuLLHD.
HEApo'Rs. SECOND MILITARY DISTRICT,

4 CHAhLE5ToS, y. O., August 2, 1867. {
ESPECIAL ORDERS, NO. 119.
/. (ESThAer,
Equity in the Court OF CIanccry Of soulh Caro-.
lima, by tho Sank OF Charleston os. James Tupper
md Tho President and Directors Of tho Bank OF
| ehants' Bank Of South Carolina at Chcraw nnti
John I. SlOato wero afterwards, upon their
respective petitions, utmittod to answer
entered by H.. d. Losesno, q chancellor of
snd State, on tho 5h day Of March, A. D. 1867
cnneeEy a to aTSs'ns pay o " GS
sum Of tvo thousand two hundred and twonty-
tlreo dollars ts5223) in specie, and to tho BANK Of
sum of five hundred and soycnty-four dollars
tS574) in specie, aud to Hayne & Son, solicitors,
representing John I. Sloan, and certain claimants
fcdornto army, tho sum OF threo thousand dollars
and thirty cents U.s. 600 9o), aftor deductng costs
] 81 SUIT ana giving certain directions in respect
and sworr answers Of tho parties aboyo
named, that the monies 10 ordered to bo disribu-
loan ur advance made by certain banks OF tho State
OF South Carolina, in tho carly part of tho year
1865, to aid tho so:calcd Confederate government
to rcmount q certain portion OF tho cavalry force
with which it WAS eldenvoring to resist the mill
tary forces of tho United States, which balance,
amounting to the sum OF eight Thousand soyen
hundred AMI nnotyseyon dollars and thirty conts
ts5797 3O) in gold at tho tmo Of tho military occu-
patton Of tho State aforesaid and at the time Of tho
remained H.
expended in tho hands OF tho Bank OF tho State OF
south Carolina, deposited 10 tho credit OF James
Tuppor, Auditor of tho snid State and it appear
consent and connyanco or James Tuppcr. Nudtor
Of tho State and the Bank Of the State Of South
and it further appearing that neither tho United
State government nor tho Stpto of South Carolina
appearci in said proceedings in Equity, or submit
court~tat tho United States authorities had not not
notice OF tho proceedings aforesnid-tnt irregular
mud unusual means wero employed to prevent
knowledge Of tho said suit, aud Of tho existence Of
said futl from coming to the United States au-
thoritics, OF which it is alleged tho said Chancellor
aud the parties before The court and their counsel
| said sum Of eight thousand seven hundred nnd
| nincty-seven dollars and thirty cents tsST97 30),
was tho property Of tho United States at the timo
of tho proceedings aforesaid, md thut tho Chan
cclor Ind no jurisdiction authority to warrant
his disposing OF OF interfering i'll any way with said
monies, the samo being part Of tho funds OF tho
United States Therefore il is ordered, thnt the
said decree in Equity be reversed and annullcd ns
without juriadiciion, erroneous, irregular, and a
1. 1t is further ordered, that tho Bank OF
Charleston and james Tupper, Porter Il Conner.
| the Bank of Chornw, Simonton & Barker, J. L.
| Oantt, ltegister, liayno Son, and James w,
Grny, and John L. Sloane, nnd such other person
or PERSONS or claimants ns hnve received any por-
ton of tho said sum of eight thousand seven hun
tsS, .3O} do forthwith pny and refund tho
sums by thom respectively, as received in specie,
into tho hands Of AZ: Willard, at tho Office q tho
bureau of Civil Afiairs for tho Second Military
| District, ut tho Citadel, Charleston; and The said
a. j.: Willard is hereby designated and appointed
receiver thereof for the United States.
2. 1t is further ordered, TINT the said receiver
have authority to take proofs, and ascertain and
determine nll persons to whom any portion Of said
funds has been paid, whether claiming through
the said John L. Sloane otherwise; md for that
purpose to summon witnesses, administer oaths
and take depoSitions; and that he report without
Unnecessary delay any person or persons, cor
porato body in default for nOn-ComDliance with
the terms of this order. ~
3. 1t is further ordered, that any de-
tieency that shall rcn,ain of tho said sum
of eight thousand seven hundred and ninety
seven dollars and thirty cents t$s,7Y 90)
In gold, in consequence Of tho respective dstrib,
utGcs thereof falling 10 pay over and rofunl, ns
esfns sa "nn and Ga hS G mnk
| unon their being notified Of said deficiency by
4. And it is further ordered, TINT tho said re-
| ceivcr take proofs as to tho means employed by
any person or persons to conceal from the proper
civil and military officers Of the United States,
knowledge of tho existence OF said fund, or of tho
said suit, or OF tho decree thorein pronounced
or of tho proceedings undcr snid decree, and
whether tho United States havo been preiudced
thereby, and what person or persons have ronlcr-
| cd themselves amcnablc to tho United States by
ronson thereof and the nature and extent of such
responsibility and thai said receiver report thore-
on with oil convenient dispatch.
BY command of Major General D. f. sIckIrs:
j. ". CLOUS,
Capt. 3Sth U. s. Infantry,
A. ID. c. and A. A, A. @,
OFFICIAL j. ". CLous Capt. sstL Infantry A. D.
THE FAIRIES OUTpoSE.-The Princess, in tho
Fairy Tale, dropt pearls from her mouth when sho
opened it, but whoever uses that taIisnan OF
science, sozoDoNr will have mouthfuI OF pearls
that will mover drop out, dnrken or decay. w2