Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1868-01-17
:r1posrass, pecls1es s. q. TN couRr: d

FIMYoHTAET- DRcfsIeNsfN THE cotA'r or
" :, :. S-4' - tkRnRsS rs, -;
,!The. .fnllawinr ej,itn,ne.Sd primo r'eatieciie
by thy Court or Errors. NJ tttirs rseeai scssign
in Cs!ambi,s aPPearea,oriEinslly In The Chr:
sI,ttn,s sls r evidently from, the p.,r Of "a Iueh,
ber Of ths CIurtsS 9 .l-S:.
q IS, -rsii5 .,.lr Cot'Rr or Eeaona. - 8. F"
1.SA tax irRp,Mstl hySitfic. ktaie Ton, the
gross Gtnonnt OF Ihe teccir,s "f Expires. Com
pnnies, IL 10. he understood as ass, saed upon
The grt'ss suH- received within this State on
account of 'le COMPANY that is doing lusns,h
wiihi"the State. iuruJi"g ne we'll Jucl, share
o. the actual CT ilrcti"a' ms elong to he rail-
road and either companies by arrangement
with wlich he transportation Of tho -spr-s.
isai.-r is Effected, as such T'",t ns ia re-
ceived Tor the. use "f foreign c"nncr,ing sx-
press comfanirs;: mud sncl, INK i-:n", prohibit,
ed hy any prov isin,,- of The Constitution Of the
United States. II ia 10, u rrguln, ion Of '.con,:
m-rcs among The States. nor II '.dutv on i'm
ro,is aud rxrors' TX p.rts the Southern
Express C"mrnny.)
z. The Grnei ri AaemLly hns power under
The Consultation, /" confer upon the Dis.
,riai Court juri. d:ction Of nffsuces commit ell
hy Wi,i's nirl,, VIII. IL. the persona Injured hy
.uci offences bs white or rol"rrl Tie second
section Of The Act "f December, leGG, disprns
irg with u GRIND jury and eminent,
H. Ler+h, in the District Cou,I aud the third
section Of the .n,ne Act providing only sinrl.
jnty tf Eight yaunl'h.d persona. al no, eon'rr-
fy to the C"nsti' uiinn Of the Sta.e. Tho
Constitution Of the United States has no ap-
pl'cat,un to the s"tjrc:. (S,a'e -. Lar.y.
State rs. R"llings. State ~. Starting &c.
8. The charter ''of the Bank Of the State of
South Carolina" in its sixteenth section pro-
vIes that. "thc bills or notes Of said Co,pnra-
ton originally n,"de payable. or which III Ill
have brc",ne paynbl. I'm demand. in gold n.
.l...h II
thus state, either 1T Charleston or Colutnhn
mud tv all lax collectors or public officers, in
NIL rayH-n,s for taxes or other fnonie. due
the State Subsequent Ac's. hy drscrirg
That the taxes shall lie collected only in certain
kinds Of money therein enumerated not inclu-l
in9 The bills of the Bank Of III. $, nt imr,!i..l-
~ prohibit the receipt nf Thea. latter bills for
taxes. Subsequent rruhib tory Act. do not
imrnir the obligation "f any contract iun,lr by
the State with The hUt-rs Of ii,, bill. nr 9th
ers, and are n"t contrary tn anr provision Of
the Constitution of the United Stniss. (Grnn.
ilevile Munufac,'g Go rs. Roper)
4. One who inke. from, nm administrator
th"ugii for valuable c"nsi,lerati ion, to,,tis or
notes taken by the latter tor the goods nn,l
chn,e!s Of his i..testn,e a; sale thereof. made
Under an order Of Tho U, dinat y, knowing that
that they belong to the intcxtate's estate md
that the admin istratUr is mir APPLYING them to
his own usr, takes them subject t. The right
of the Creditors aud d;sirihut-.s Of the iutc.-
tate to have satisfaction If ih~ir claim. out Of
,iem or their rrnce"ds III his hands. The sure
ly OF the administrators. having paid tho cr.J-
itors or distributes, who have chosen to
make him responsible ON the admin i.,rs tiun
bond for his prime pals brench Of trust j.. sub
rognt.d To tii- rights OF the cre.liturs apd d..
,rbu,ees SO pnid, aud may make such tnk~r
acronnt f.n' the bonds and notes 40 taken. f.r
The ir'lemn'tcn'i"n Of Tho surely. (Rlarne
is. Lewis, ct al
&. An instrument undor seal. Whereby the
makers, on the lsL June 1864, pr"In.ed I" rnv,
twelve lponths II ft-r .late. to the executor Of 4
AS will twenty fv- hundred jollnts ri. snch
currency ms can Immediately b. mail. urails-
uhle in payment of the n;.l dei.t. Of the es,nte
at the iesiHtor, 'd"ilar for dollar" fails with
in the pro vision Of the Ordinance Of The Con-
v-nii"n Of September 27ih. lSG5-'rhat in
every action nj ising on any contract. whether
under seal or parsh. written or oral, made he
tween the frat January. 1862. aid ,he 18Th
May, 1865. il shall be lawful tor ei,lrr party
10 tha action to introduce testimony showing
the true value and real character Of the con
aid rnti ion o! such contract ut the time it was
made. SO that regard being had {" III. vartic
ular circumsi ancrn of each case, auch verdict
or deere may tie rendered ns will effect sub
stantial Justice bet ween the parties. What up
Grafton the special Terms Of III. contract uur h.
to have III moulding the verdict us to ''"tf ct
substantial jnslIcs huI wesn the parties" is lu
10 de'ernihed by the jury. under proper in.
structions from The prrr',iing Judge. us 10 the
purpose aud construction Of the Ordinance
(Coi,rs Us Rutland
The Or'lInune. is nat in this provision con-
trnry to the Consultation "f the lIniteH Statrs
1t doea not impair tie obligation "f the con
tracts, but aims tn ascertain what the arrange
ment Of the parties Iraiy was. with view Ia
enforce its rhlIgation. Crhonlss VI Raymond
Copee rs Rutland
6. The Statute uf Limitations va. suspen
aed during the whale periods during. y ~hich the
Stny Lnw WAS, ty its own terms. d-clareJ
rem time 10 lime tn he nr hrc.. az fe Hll con-
tracts to "a hIch ,hat law was intended to ap-
ply. (SiInk'ns. Administer, rx. .BuzzurI.)
z. EMANCIPATION was accomplished only by
the conquest and capture of the territory u
the Southern Stntss. making 4" c,ive the pre-
vous'y frined and proclaimed purp".e in thi
behalf. Of the chief of the .oniueiing arm,
Uh'il such c"nqnest and capture took place
, , slavery continued, notwithstanding the procla
nation OF President Lincoln. Just az il had ex
istej befeIr, and it ceased tu exist in the DIFF
| lrr. ni parts Of ihis State ns ,hpse psrts sue
csssively fell inio the hnnds Of the eonquere
| 10 he held BY m. until the state a,qni~rce,
in the t.rms inpused urou her. UIckett u
l'icket)
| 8 The Act Of the General Assembly inc"r
rorating the Columbia and Augusta Rail Rua
Company, and nu,herizing ihs construction :
arsil roa'l from r"int OH Tie Charlotte an
south Carolina RA'l Road. near Columbia ,
Hamburg and Augm.ia. does not impair til
obligation of any contract made hy the STA,
with tl,s South arolinn RsI R"ad Compnn
in any provisions Of tile charter OF the latte
C"mran Tho South Carolina Railroa
Company has uo exclusive right for airy peri"
To CONNECT Columbia ard iI"uubnrg Us Railron'
Its chartered .franririses sr- nor yiplnted b
the C"lau'Lin aud Augusta Rail Road crossil'
it's tact al the Columbia or else where in il
proper course. or iunhipg side by side wit
That traet frpm Grsni'-yille To HsmhnrI
tSouth Carolina Rail Rrad Company rs Cs
lunhin aud Auyu.ia Rail Road