Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1877-06-21

all bills of said corporation which shall be
rendered in payment of any taxes, and shall
not be received as payment, shall be enclosed
in package, sealed and signed by the party
rendering the said bills, aud by the Treasurer
to whom. said tender is made; and said
package shah be deposited by the Treasurer
with the Clerk of the Court of Common Pleas
for the county, who shall give duplicate cer-
tifcates of the said deposit, one to the party
rendering said bills, and the other to the
Treasurer, to abide the decisions of the court
in any proceedings which may be instituted
in regard to said bills; and that in all pro-
ceedings by mandamus or otherwise to COM
pei the reception of bills of the said corpora
ton as a legal tender for taxes to the State
and refused, an issue shall be framed under
the direction of the Judge, and at regular
term of the Court of Common Pleas for the
county wherein said bills are rendered, shall
be submitted to jury to inquire, and deter.
mine BY, their verdict, if the bills so rendered
in payment for taxes are genuine and valid
bills of the said corporation, and have not
been funded by the State, and since fraudu
lently uttered, and are bills, the payment of
which is not prohibited by the constitution of
the State and of the United States. And
upon the trial of said issue the burden of
proof shall be upon the person rendering said
bills to establish that the said bills are the
genuine and valid bills of the said corpora.
ton, and have not been funded by the State
and since frauduleptly uttered, and that said
bills are bills the payment of which ia not
prohibited by the constitution of the State
and of the United States. And if the iary
shall by their verdict establish that the bills
50 rendered are genuine and valid bills Of the
said corporation, and have not been funded
by the State and since fraudulently uttered,
and are bills the payment Of which is not pro-
hibited by the constitution Of the State and
of the United States, then the Treasurer of
the county shall receive such bills in payment
of all taxes due the State. And if the jury
shall by their verdict establish that the bills
80 rendered are not genuine or valid bills of
the said corporation, or that they have been
funded by the State and since fraudulently
uttered, or that they are bills the payment of
which is prohibited by the constitution of the
State and of the United States, it shall then
be the duty of the Clerk of the said Court to
cancel the said bills in the presence of the
court, and to make sealed package of the
bills and file the same in his office with the
record of the case .........
SEC. 2. In all proceedings by mandamus or
otherwise under this act no costs shall be
taxed or allowed against the State or any of.
6cer representing the State.
Sec. 3. Nothing in this act contained shall
preclude the Treasurer of any county from
making such other defenses to the proceedings
by mandamus, or otherwise, as the nature of
the case may require. -
SEC. 4. All acts and parts of acts inconsis-
tent with or repugnant to this act are hereby
repealed. &c..
Approved June 9, 1877.
AN ACT to utilizethe convict labor of this State.
r SECTION /. Be 1t enacted by the Senate and
House of Representatives of the State Of
South Carolina, now met and sitting in Cen
eral Assembly, and by the authority Of the
same, That his Excellency the Governor be,
and he is, by and with the advice of the Sen
ate, authorized to appoint three suitable citi.
zens of this State, who shall constitute Board
of Directors of the State Penitentiary, with
term of Office of two years, Of which hoard
the Governor of the State shall be ez oficio
a member. The said board shall have the
general supervision of the penitentiary, its
inmates, property, &C., and shall meet at
least once in every month, and oftener if me-
cessary, upon the call of the Governor, and
shall receive as compensation So per diem,
not to exceed the sum of one hundred dollars
for each and every year, to be paid by the
contractor or contractors.
Sec. 2. That in case of the death or resig-
nation of any member of said board, the Gov
ernor is authorized to fill said vacancy during
the recess of the General Assembly.
SEC. 8. That the said Board Of Directors
shall, as soensas. practicable after the passage
of this act, advertise for proposals for COM
pleting the penitentiary according to plans
and specifications to be agreed on and pub
lished by the said board, including the labor
of such number, of convicts as may be desig-
mated by said Board of Directors, together
with the property, fixtures, water privileges
and everything appertaining to the said penl.
tentiary; such contract or .contracts, if en-
tered into by the said board, to be reported
for ratification and approval by the General
Assembl bly at the next regular session.
Sec. 4. That the said Board of Directors
are hereby authorized spd empowered to lease
or hire out upon such terms and conditions
as they may think most advantageous to the
State, and that will secure the health and con-
6nement of the prisoners, any or all other
convicts in the pehitehtiary, except the con.
victs under sentence for murder, rape, arson
and manslaughter, under the following rules,
regulations and restrictions, with all Others
imposed by the said Board that said Board
Of Directors shall make an annual report to
the General Assembly, at the regular session,
of all their actings and doings, showing the
number and names of convicts hired out, to
whom hired, for what purpose and for what
consideration, and as often as any sums Of
money are received for atfy labor or hire of
said convicts, or any of them, the same. shall
be. paid to the Treasurer of the State, of
which full account shall be given in said
annual report. First, all convicts shall be
safely kept within the State and humanity
treated; the food, clothing, lodging, modes of
punishment to- be- carefully provided for in
any. and alt contracts, Second, convicts shall
not Be required to labor more than ten hours
day, or ON Sundays or holidays: Provided,
That convicts shall not be hired out for agri-
cultural purposes: Provided, further, That
nothnglherefh contained shall be so construed
as to affect any contracts heretofore made.
Sec. 5. That the contractor or contractors
shah be required to enter. into bond id the
sum of $4,000, with good and sufficient sure
ties to be- approved by the board, for the
faithful performance of said contract and
any contractor or contractors, who shall..be
guilty of maltreatment, neglect or cruelty to-
l. Il 70 Il H., l;a bln 70 ;ndiof