The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-02-05

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J.J. O'NEILL, Second Axeman.
The newly elected we're greeted with rousing
cheers, and acknowledged the honor conferred
upon them in becoming speeches. After the
meeting, the company and their invited guests
adjourned to the spacious hall of the company,
where bountiful collation. had been prepared
Notwithstanding the inclemency of the weather.
large number we're present, and the hours
slipped rapidly by, while the good things Of
this life were discussed. Toast, sentiment and
song succeeded each other rapidly, and it was
not until late hour that the company sepa-
rated, fully satisfied that old age had not i'm
paired their merits as fremen, and determined
to make their fiftieth year more than equal the
past.
TAX SNLEs.-Our readers have for some time
observed the advertisement, by the City
Sheriff. of number Of houses and lots, upon
which tax executions had been issued. Leases
for five years or less on 80 much Of this pro-
perty as was not previously settled for, was
yesterday offered atpublic auction.
The sale was conducted at the steps Of the
CITY Hall, by the sheriff, Mr.. Peter C. Query,
in the presence Of from fifty to one hundred
spectators, which, considering the great in
clemency Of the weather, was very good
crowd. From close physiognomical obserya-
ton Of the attendance, we came to the conclu-
sion that about one-ffth, mostly blacks, were
idle spectators, and the other four-ffths were
equally divided between principals and seconds
| in the sad drama then and there acting before
our eyes. The naodus operdndi was somewhat
| as follows: The sheriff began the exercises by
reading the list of defaulters, as advertised il
yesterdays NEWS. he next put up the pieces
of property, one by one, as also the amount of
taxes due upon the came. These ranged from
SIT to 5000. The property was offered on
leases of from one to five years, for the pay
ment Of these taxes. There were very few
bidders, most of the houses and lots offered
being bid in by the city.
A few, We learned, bid on property offered,
merely to secure themselves, having lien
upon tho same.
These sales were for city taxes of 1866, and
only comprised about twenty or twenty-five
pieces of properly small number consider
ing the hard times and tho eoarUfty OF money.
We recollect seeing an advertisement of the
city sheriff of New Orleans, last year, offering
nearly ono thousand pieces Of property under
the hammer, for non-payment of taxes.
LANDLORDS AND TENANTS, As AFFECTED BY
GENERAL CANBY's ORDER.-The Legislature Of
South Carolina, in 1866, passed an act wherever
tenancies wero at will, empowering any magis-
tlate to eject the tenant upon ten days notice,
unless it could be shown that the tenancy was
either for years or under written lease.
In these latter cases the old remedy was re-
tanned, which wes upon the termination of
the lease, or where there was an express for
feiture for tho non-payment Of rent, by the
verdict Of magistrates and freeholders, upon q
regular trial.
General Candy, however, by recent order,
has extended the summary process Of eject
ment provided for in the Act Of 1866, to all
cases of tenancy, whether verbal or written, at
will, or for term Of years, where the tenant
fails punctually to pay the rent.
The question yesterday was raised before
Judge Moses, whether General Oanby's order
applied to cases arising before the order.
1t will be seen that Judge Moses, while hold
ing that General Canby's order is not retro
active, has, however, directed the ten days
notice to be given as of this day, and reserved
his decision until cause is then shown respon-
siye to this notice. The case is as follows:
Some months since Magistrate Kanapaux
was solicited by Mrs. Frances Wilson to eject
From her promises Mr.. Samuel Harris, under
tbe Act of 1866, for rent in arrear. Ten days
notice. under the act, was given by Mr.. Kama
naux, but Mr.. Harris denied his jurisdiction in
such cases, his tenancy being for term, and
not at will, as contemplated by the.act. Mr..
Kanapaux deeming the causes shown INSULT
cicnt ordered the Sheriff to proceed. The
Sheriff was notified that if he acted he would
havo to do 80 at his peril. Action in the matter
WAS thereby delayed, and in the meanwhile an
order was issued by General Candy, making the
act of 1866 applicable to all tenancies. On this
the Sheriff was again about to proceed, when a
suggestion in prohibition was filed in the Court
Of Common Pleas, reciting the facts in the
case, and praying that writ OF prohibition
should be directed to the Sheriff, commanding
him to delay all proceedings upon tho ground,
that the order making the statute generally ap-
plcable was not retroactive, and that ten days
notice should be given before proceedings Of
eiectment can be had.
After argument by Mr.. Asher D. Cohen fol
the relator, and Messrs. Macbeth & Lowndes
contra, Judge Moses decided that tho order
was not retroactive, and that the ten days no
tice should be given as claimed, 30 that relatol
might show cause why he should not be eject
ed.
REAL ESTATE IN CoLuMB1A.-We take the fol
lowing from the Phoenix Of yesterday. Con
siderlng the times, We think the below nance
property brought fair prices:
A number Of aluable building lots were dls
posed of Oh Monday by the Commissioner, IN
EQUITY and sheriff, portion OF which we're the
following: A lot 26 feet front and running bacL
263 corner of Maine-street and Courthouse
souare. brought S4050, one-ninth cash. A lo
adjacent, same dimensions, $4,000. The ad
Joining lot, 26 feet inches, by 208 feet, $2S25
A fourth lot, same dimensions $3.50. The lo
on which the residence of DR.. Gibbes formerly
: stood. fronting 70 feet on Plain-street and 13t
/; on Sumter $1,000. The lot adjacent. contain
inn brick dwelling and stable, 1SO feet from
and running back 1S0 feet brought S3O50. Al