Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1878-04-11
gaws nf the State.
AN ACT

AN ACT
To provide for the Settlement Of the Unfunded
| Debt Of the State, incurred before the Ist day
of November, 1876
Section /. Be it enacted by the Senate and
House of Representatives of the State of
South Carolina, now met and sitting in Gen
eral Assembly, and by the authority of the
same: That Court of Claims is hereby es-
tablished for ascertaining all legal and just
claims which have not been funded in bonds
or stock, and which were in existence on the
1st day of November, A. D. 1876; the said
court to be held by commissioner, to be
elected by joint ballot of the Legislature, to
hold his Office for one year, with salary Of
$4,000.
Sec. 2. The said court shall have jurisdic-
ton to adjudicate upon all claims which may
be made by any persons against the State,
(other than for bonds, or stocks, or coupons,
or interest thereon,) which were in existence
on the said first day of November, A. D.
1876, including therein the bills of the Bank
of the State, and so much of the funded debt
as liz kncwn as the Little Bonanza, and the
liability of the State by guarantee of the
Spartanburg and Union Railroad bonds, the
balance due thereon, by judgment of the
court, after applying the proceeds of the sale
Of said road, amounting to four hundred and
seventy.four thousand six hundred dollars, in
the same manner as the Court of Common
Pleas, except that no pleading shall be neces-
sary to bring the said claims befors the said
court but the evidence for and against the
claim may be brought forward in the usual
mode Of auditing accounts, and under such
rules as may be prescribed by the commits
sioner and the said court shall have power
to enforce the attendance of witnesses and
the production of papers, and shall be author
lied to call to its aid the sheriff of the coun-
ty in which it is sitting, and the said sheriff
and his officers shall be bound to obey its or.
ders.
Sec. 3. That it shall be the duty of the
commissioner to appoint a clerk of the said
court, who shall receive three dollars per day
for every day actually employed, whose duty
it shall be to record its proceedings and make
due entry of its judgments; and also, in cases
of doubt or difficulty, the commissioner may
call in the aid of the solicitor of the county.
Sec. 4. The said commissioner shall, after
due hearing of each claim, pronounce judg.
ment thereon, in which shall be stated, in due
form, the amount adjudged to the claimant,
when the judgment shall be in his favor,
which judgment shall be duly registered by
the clerk, and certificate thereof shall be
given to the claimant, under the seal of the
court and whenever the sum recovered shall
be one hundred dollars or more, the said
claimant, on presenting the said certificate to
the comptrollergeneral, shall be entitled to
receive, in satisfaction thereof, bonds or stock
for fifty per centum on the amount thereof,
bearing interest at the rate of six per cent.
per annum, with coupons payable semi-an-
nually, the said bonds payable in ten years,
to be called Deficiency bonds. And if the
amount recovered be less than one hundred
dollars, one-half the amount shall be paid
from the public treasury from any moneys
which may be appropriated for the same, in
full satisfaction thereof::- Provided -ha~spas,
that several judgments may, by the consent of
the parties having the right, be added togeth-
er, and receive bonds or stocks for the whole
at the rate aforesaid.
Sec. 5. The warrants drawn by the comp
troler-general in pursuance of Act No. IA, of
1875, entitled can Act to provide for the
settlement and payment of certain claims
against the State" approved December "a,
1875, shall be deemed to be sufficient evil
dence of the claims set forth therein, and the
court Of claims shall ascertain how much (if
anything) has been paid since the date of the
said act, and shall give judgment for the bal
ance remaining due, and such balances shall
be liquidated by bonds or stock for the full
amount thereof, the said bonds and stock to
be of the same form as those hereinbefore
mentioned.
Sec. G. The clerk of the said court shall
daily certify to the mptroller-general the
parties and amounts for which judgments
have been rendered by said court.
Sec. Z Every claim against the State which
existed on the 1st of November, 1875, other
than bonds and stocks and coupons or inter-
est thereon, which shall not be duly sued or
presented to the said court Of claims on or
before tho 1st day Of November, 1878, shall
forever be barred.
Sec. 8. This act shall not apply to any
claim which accrued before the 2lst of De-
cember, 1850.
Sec 8. There shall be levied an annual tax
sufficient to provide for the payment of the
interest upon the bonds and stock authorized
to be created BY this act
Sec. 10. The bonds and stock hereinbefore
mentioned shall be prepared under the direc-
tion of the comptroller-general, and shall be
signed by the Governor and eountersigned by
the comptroller-general, and sealed with the
seal of the State, and the coupons shall be
signed by the treasurer .... ...
Sec. II. The advances made in money,
supplies and labor 70. the Lunatic Asylum,
Deaf, Dumb and Blind Asylum and the State
Penitentiary, shall be audited and proved be-
fore the said court, and after judgment had
thereon, the claimant shall be entitled to re.
ceive, from the treasurer, bonds for the full
amount of said judgment, drawn in the form
hereinbefore prescribed and where the judg-
ment is for less than one hundred dollars, the
same shall be paid in cash from any moneys
in the treasury not otherwise appropriated.
Sec. IL. In cases where fractions occur in
any settlement of the amount adjudged by
the said court, certificates of stock, payable
bonds, shall be issued by the treasurer in sat-
isfaction of such fractions.
Sec. 13. The Court shall 60 into operation
within one month from the date of the elec-
tion of the commissioner, and sit from day
to day until the claims brought before it are
adjusted. -.
Approved March %, 1878.
AN ACT
To Restore the Remedy of Distress for Rent.
Be 1t enacted by the Senate and House Of
Representatives of the State of South Caro-
lima, now met and sitting in General Assem-
hly. and by the authority of the same.