The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-02-20

AN AOT TO AUTHORIZE THE OLERES OF THE
COURTS OF COMMON PLEAS TO TAKE TEs.
T1MoNY In CERTAIN CASES.
SECTION 1. Be il enacted by the Senate
and House Of Representatives. Of the State
Of S0ulh Carolina, no0 met and sitting in
Generat Assembly, and by the authority of
The sams, That the Clerks of the Courts
Of Common Pleas in this State, in all
civil cases or proceedings hereafter to be
instituted, or now pending, or at issue
in the Courts of Common Pleas for
their respective Counties, shnll. upon
the application OF either party to such
cause or proceeding, after ten days no.
tice to the adverse party, take in writing
the depositions of said party. or Of any
witness or witnesses in said cause or pro-
ceeding. whose examination shall be re-
quired by the party making such appli-
cation; upon taking which depositions.
tho several parties shall be entitled to
the same rights OF examination, CROSS
examination and examination in reply,
and the same exceptions to the aamiasi
bility of evidence as are allowed by law
upon examination before the court.
And the dispositions 80 taken shall be
certified by the Clerk before whom such
examination was had, and shnll be read
in evidence at the trial of the said onuse
or proceeding; subject, nevertheless, to
the right of either party to require the
personal attendance and piua poce ex-
animation of the witness or witnesses at
the trial of said cause or proceeding, the
exercise of which right. however, not to
cause continuance or delay in the trial
of the said cause or proceeding.
SEQ. 2. That every Clerk of the Court
OF Common Pleas shall havo power to
compel the attendance before him of the
witness or witnesses to be examined as
aforesaid, upon the application Of party
to any OWL cause or proceeding here
after to be instituted, pending or ut issue
in the said court. for which purpose he
may issue subpoena to any such wit
ness, which shall be served personally;
and if any witness upon whom such
subpoena has been duly served shall fail
to attend coaformably thereto. the CLERK
by whom the sumo was issued shall have
power to issue q rule. requiring such
person to show cause why be should not
be attached for contempt; and upon the
failure or neglect of such witness to
chow cause, the said Clerk shall have
power to Issue an attachment against
such witness for contempt, which attach
ment shall not be dissolved. except by
the order of a Judge, or of the SAID
Clerk.
SEo. 3. That every Clerk of the Court
OF Common Pleas, for taking the depo-
sitions hereinbefore mentioned, shall be
entitled to demand and receive the sum
of one dollar for each witness examined,
to be paid by the party against whom
judgment shall be rendered in said cause
or proceeding.
Approved February Is, 1872.
AN ACT 70 INCORPORATE THEsAxToN RIFLE
MEN. OF CHARLESTON, SOUTH CAROLINA.
SECTION 1. Be it enacted BY tie Senate
and House Of Representatives o. the State
Of South Carolina, noW met and sitting in
General Assembly, and By The authority 4
The same, That q. D. Mitchell, J. w.
Green, NJ. Smith, D. Smith, G. Alston,
A. p. johnson, Henry Fraser. J. r.
Garter, Ferguson, NJ. q. Brown. A. Will
liams, Adam Singleton. J. w. Jenkins.
John Smalls and Charles b. Brown, and
their assooiutes and successors, are here
by made and created body polite and
corporate, under the name and style of
the ''Saxton Rlhemen. of Charleston,
South Carolina"
SEQ. 3. And the said corporation shall
nhSo power 10 make Dy'laW6, not r6puR-
nant to the laws of the land; and SHALL
have succession of officers and members
according to their elections; and to keep
and use u common seal, the same to alter
at will; to sue and be sued, in any court
in this State; to have and enjoy every
right. power and privilege incident to
such corporation; and it is hereby en-
powered to acquire, retain and enjoy, all
such property, real and personal, ns may
be given or bequeathed to, 9r purchased
by it, and to sell, convey or mortgage
the same, or any part thereof, at will.
SEQ. 8. That said corporation may,
from time to time, invest their moneys,
assets, or any property which it may ac-
quira, in such real and personal property,
bonds, stocks, or in suretios. in such
sums and on such terms and conditions,
as it may doem proper. and to execute
bonds, &C., under its corporate senl:
Provided. That the maximum value OF
all property held and owned by said cor
poration shall not exceed twenty i've
thousand 1926. .000) dollars.
SEQ. 4. This Act to continue in force
during fifteen Q5) years, and may be
given in evidence without being espe-