Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1868-01-16
DECISIONS OF THE COURT OF ERRORS.

OFTHE COURT OF ERRORS.
The Cheraw Adrertiser publishes q synopsis Of
the decisions of the Court of Errors at its recent
sitting in Columbia. We have reason to believe
that the statement of the points decided, was pre-
pared by member of the Court, and can be re-
lied on as correct Several of the decisions are of
interest to the public at large, as points are deer
ded which are every day the subject of conversa-
tion, and for this reason are furnished to our read
ers: -. ".t-
l. The General Assembly has power under the
Constitution to confer upon the District Court, ju-
risdiction of offences committed by white men,
whether the persons injured by such offences be
white or colored. The second section of the Act
of December, 1865, dispensing with Grand Jury
and presentment thereby in the District Court, and
the third section of the same Act providing only
single jury of eight qualified persons, are not con-
trary to the Constitution of the State. The Con-
stitution of the United States has no application to
the subject. (State rs. Larey, State Is. Rolings,
State Us. Startling, &c. -
2. The charter 'of the Bank Of the 81 ate of 8.
Carolina" in its sixteenth section prn"des that,
'the bills or notes Of said Corporation originally
on demand, in gold or silver coin shall be receiya
bic at the Treasury of this State either at Charles
ton or Columbia and by oil taxcollectors and other
public officers, in all payments for taxes or other
monies due the State. Subsequent Acts, by d.
recting that the taxes shall be collected only in
certain kinds of money therein enumerated, not
including the bills Of the Bank Of the State, i'm
pledly prohibit the receipt of these latter bills for
taxes Such subsequent prohibitory Acts do not
impair the obligation Of any contract made by the
State with the holders of the bills or others, and
are not contrary to any provision Of the Constitu-
ton of the United States (Granitevile Manu-
featuring Company u.s. Roper.)
3. One who takes from an administrator, though
for valuable consideration, bonds or notes taken
by the latter for the goods and chattes of his In.
testate at sale thereof, made under an order of
the Ordinary, knowing that they belong to the in
testates estate, and that the administrator is mis-
applying them to his own use, takes them subject
to the right of the creditors and distributes of the
ntestate to have satisfaction of their claims out Of
them or their proceeds in his hands. The surety
Of the administrator having paid the creditors or
distributes, who have chosen to make tlm re-
sponsible on the administration bond for his prn-
cipals breach of trust, is subrogated to the rights
of the creditors and distributes so paid, ard may
make such taker account for the bonds and notes
so taken, for the indemnifcation of the surety.
(Rhame Us. Lewis, ct al
4. An instrument under seal, whereby the ma
kers, on the 1st of June, 1864, promised to pay,
twelve months after date, to the executor OF N.
As WILL twenty-five hundred dollars ''in such cur
rency as can Immediately be made available in pay
ment of the old debts Of the estate" of the tesla
tor, 'sdoar for dollar" falls within the provision
of the Ordinance of the Convention of September
9th, 'o65-''that in every action arising on any
contract, whether under seal or parol, written or
oral made between the first of January, 1862, and
the 18th May, 1865, it shall be lawful for either
party to the action to introduce testimony showing
the true value and real character Of the consdera-
ton of such contract at the time it was made, so
that regard being had to the particular circum-
stances 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 between the par
ties" is to be determined by the jury under pro-
per instructions from the presiding Judge, as to-
the purpose and construction Of tho Ordinance.
(Copes u.s. Rutland) ~; |
The Ordinance is not in this provision contrary
to the Constitution of the United States 1t does
not impair the obligation of the contract but aims
to ascertain what the arrangement Of the parties
really was, with view to enforce its obligation.
Thomas u.s. Raymond, Copes U.s. Rutland.
5. The Statute of Limitations was suspended du-
ring the whole periods during which the Stay Law
was BY its own terms, declared from time to time
to be Of force as to oil contracts to which that law
was intended to apply. (Simpkins, Administer,
6. Emancipation was accomplished only by the
conquest and capture of the territory of the South
ern States making effective the previously formed
and proclaimed purpose in this behalf of the chief
of the conquering army. Until such conquest and
capture took place, slavery continued, notwlth-
standing the Proclamation of President Lincoln,
lust as it had existed BEFORE and it ceased to exist
in the different parts Of this State as those parts
successivey fell into the hands of the conqueror to
be held by him, until the State acqueisced in the
terms imposed upon her. pickett Us. Pickett)
7. The Act of the General Assembly incorpora-
ting the Columbia and Augusta Rail Road Com.
pany and authorizing the construction of railroad
from point on the Charlotte and South Carolina
Rail Road, near Columbia, to Hamburg and Au-
gusta, does not impair the obligation of any con-
tract made by the State with the South Carolina
Rail Road Company in any provision Of the charter
of the latter Company. The South Carolina Rail-
road Company has no exclusive right for any pc
Rod to connect Columbia and Hamburg by Rail-
road It's chartered franchises are not violated by
the Columbia and Augusta Rail Road crossing
its track at Columbia or elsewhere in its proper
course or running side by side with that track from
GraniteyiIe to Hamburg (South Carolina Rail
Road Company Us. Columbia and Augusta Rail
Road. -''
a@ Wendell Phillips continues vigorously to op-
pose the nomination of General Grant as the radi-
cal candidate for President.
par Col. John Cunningham is seriously III at