Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1868-01-18
Decisions of the Court of Errors,


The following summary Of the decisions of
tho Court of Errors is taken from the "Chc.
raw Gazcttc," and is evidently from the pcn
Of Associate Justice INuLls:
l. A t"x imposed by the State {" on the
gros, amount Of the receipts of Express Com
pauics," is to be understood as assessed upon
fhe.gross sum received within this State on
account of the Company that is doing bus-
ness within the State, excluding as well such
shafe of the actual collections rs belong to the
rail.road and other companies by arrangement
with which the transportation Of the express
matter is effcctcd,, as such portion rs is re.
celvcd for the use Of foreign connecting ex-
press companies; and such tax is not prohib-
tied by any provision of the Cons sttution Of
the United States 1t is not regulation of
commerce among the States" nor duty
on imports or exports" (Ex parte the South
ern Express Company
2. The General Assembly has power under
the Constitution to confer upon the District
Court, jurisdiction Of Offences committed by
white men, whether the persons Injured by
such offences be white or colored Tho sec.
| ond section Of the Act of December, 1866,
dispensing with Grand Jury, and present
n,eSt thereby in the District Court, and the
third section of the same Act providing only
single jury of eight qualified persons, are
not contrary to the Constitution of the State
The Constitution Of tho United States has no
application to the subject. Estate VS.. Iarey,
State vs. Rolliugs, State vs.. Startling, &c)
| D. The charter " of the Bank OF the State
of South Carolina" ia ito sixteenth section
provides TINT " the bills or notes Of said Cor.
portion originally made payable, or which
shall have become payable on demand, in gold
or fflver coin; shall be receivable ut the Treas.
uryiof this State, either at Charleston or Co.
lumba, and by all tax collectors and other
pubic. officers, in all payments for taxes or
other monies due tile State" Subsequent
Ae{s, by directing thae Tho tn xns shall be COL
leoted only in certain kinds Of money therein
enumerated, not including the bills of the
Bank Of the State, impliedly prohibit the re-
ceipt of these latter bills for taxes. Such sub
sequent prohibtory Acts do not impair the
obligation OF any contract made by the State
with tho holders Of tho bills or othors and arc
not contrary to any provision of the Constitu-
tion of the United States. (Granitevillc Man
ufacturng Company vs.. Ropcr)
4. One who takes from an administrator,
tt,ougii for valuable consideration, bonds or
notes taken by the latter for the goods and
chattcs Of his intcstatc at sale thereof made
under an order of tho Ordinary, knowing that
they belong to the intestate's estate, and that
the administrator is misapplying them I . bis
own use, takes them subject to the right of
the creditors and distributes of tho intcstate
to have satisfaction of their claims out of them
or their proceeds in his hands. The surety
Of the administrator, having paid the credit
ors or distributes, who have chosen to make
him responsible OH the administration bond
for his principals breach of trust, is subroga.
ted to tho rights Of the creditors and distribu.
tees so paid, and may make such taker ac-
count for the bonds and notes 80 taken, for
the indcmnfcation of the surety. (Rhame
vs.. Lewis, ct. al.)
s. An instrument under seal, whereby tho
makors, on the 1st June, 1864, promised to
pay, twelve months after date, to tho cxecu.
tor Of N. AS. will, twenty-five hundred dol.
lars Gin such currency as can Immediately be
made available in payment Of tho old debts Of
the estate" of the tcstator, dollar for dol.
lar" falls within the provision of the Ordi.
nance of the Convention Of September 9th,
1865" that in every action atisiug on any
contract, whether under seal or parol, written
or oral made between tho 1st January, 1862,
and the 18th May, 1865, it shall bo lawful
for either party to the action to introduce tcs.
timony showing the true value and real CHAR
acter of the consideration of such contract at
the time it was made, so that regard being
had to tho particular circumstances Of each
case, such verdict or decree may be rendered
as will effect substantial justice between the
parties. What operation the special terms Of
the contract ought to have in moulding the
verdict as to " effect substantial justice be-
tween the parties" sfto be determined by the
jury, under proper instructions from the pre-
siding Judge, as to the purpose and construc-
tion of the Ordinance. (Gopos VS.. Rutland }