The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-03-18

pealed.
OFFICE SECRETARY OF STATE,
| COLUMBIA, 8. O., February 4, 1873.
| The foregoing Act having been pre-
sented to .he Governor Of this State for
bis approval, and not having been re-
turned by him to that branch Of the
General Assembly in which it originated
within the time prescribed by the Con-
stitution. hns become law without his
approval. 81. E. HAYNE,
| Secretary Of State.
AN ACT TO EMPOWER THE SUPREME COURT
| TO FRAME ISSUES AND DIRECT THE SAME
TO BE TRIED IN THB CIRCUIT COURT, AND
TO ORDER REFEREES IN CERTAIN CASES.
Representatives Of the State OF South Caro-.
lima, noU met and sitting in General As.
sensbiy, and by the authority Of The same:
SECTION l. That whenever, in the
course OF any suit, action or proceeding
in the Supreme Court, arising in the ex-
ercise of the original Jurisdiction con-
ferred upon the Court by the Constitu-
tion and laws Of the State, an issue of
fact shall arise upon the pleadings; or
whenever an issue Of fact ehall arise
upon q. traverse to return in nsa1dan,us,
prohibition or certiorari; or whenever
the determination of any question OF fact
shall be necessary to the full exercise Of
the jurisdiction conferred on the 'Su;
preme Court, the said Court shall have
power to frame an issue therein, and Ger.
tify the same to the Circuit Court for the
County wherein the cause shall have
originated; or. in cases OF original iuris!
diction, to the Circuit Court OF the
County in which the cause of sctiou
shall have arisen. M tha
SEC Q. That. upon receiving the DER
tificate OF such issue, framed from the
Supreme COURT, the said Circuit Court
shall forthwith cause the same to be
placed at the head OF the appropriate
calendar Or docket of said court, and
proceed to try and determine the said
issue in it's due order, and shall certify
the determination thereof to che Supreme
Covrt Immediately after the trial thereof;
and, when required, shall settle and sign
q case, or case containing exceptions,
according to the practice in other Causes
tried in the Circuit Court. ay W.
SEQ. 8. That the Supreme Coufs shall
also, have the same powers for the RIE
pointment OF referees to take ttestin oi1y
and report thereon, under suche.inatfuc:
t,ons as may be prescribed by thecsaid
Court in any CAUSES arising in the Gu
preme Court, wherein issues Of fact shail
arise, as are now possessed by the Cir.
cult Court Of the State. .il4
APPROVED January 25, A. D. 1873. :,
| AN ACT TO PREVENT THE OBSTRUCTION OF
HARBoRs AND NAvIaABLE STREAMS IN
THIS STATE BY THE DISCHARGE THRREM
! OF BALLAST OF STONE, DIRT AND OTHER
HEAVY MATERIALS.
30 it enacted by the Senate and House of
Representatives Of the State of South Caro-.
ana, now mot and sitting in General Al
semdly, and by the authority of tho same:
SECTION l. That any owner or master
of any vessel navigating the waters OF
this Stnte who shall discharge, or cause
or permit to be discharged, from said
vessel any ballast Of stone, dirt or other
heavy material into any harbor, bay or
navigable streams OF this State, whereby
the navigation thereof is hindered or
obstructed, or is likely to hinder and
obstruct the navigation, shall be held to
be guilty OF misdemeanor, and, upon
conviction thereof, shall. for the frat
offence, be imprisoned in the County
jail for period not less than ten days
or more than thirty days, or fine of not
less tnan twenty dollars or more than
one hundred dollars; and for the second
offence shall be imprisoned for not less
than sixty days nor more than one year,
or fined not less than one hundred dol
lars nor more than FIVE hundred dollars,
or both, at the discretion OF the court
One-balf Of said fine shall go TO the in
former, and the balance to the treasury
OF the County wherein the offence was
committed.
SEQ 2. That this Act shGl! take eject
six months after the passage thereof;
and it shall be the duty of all harbor
masters to notify all masters of vessels
coming into their respective ports of the
provisions of this Act. and whore there
is no harbor master, the Chairman of the
Board OF Pilot Commissioners shall no.
tify the masters of vessels.
AprRovED February 27, A. u. 1873.
| Dir. TUTTs CELEBRATED ExpEcToRANr-