The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1891-12-09

on file. The present motion to recind
the order OF stay cannot be granted for
want of jurisdiction, and | can do no
more than TO declare that order TO be,
in my opinion, null and void.
j In Conclusion, | will! remark that
even if the order granting :. stay
was valid, it expires by the limitation II
subdivision +, section 4O2 OF the Code,
after twenty days, having been granted
upon an IT parte application, if that
section affects orders in manh"mus
but according to section ASP it does not ,
thf "bject of the Legislature being to
leave proceedings III nIandanlus and
| prohibition to be governed by the conf
mon law and former rules OF practice
until otherwise specially provided by
the Legislature ! deem toe order OF
November 90 signed by ME at Sumter,
TO be imperative and void for want Of
jurisdiction.
J. H. HUDSON.
Judge Of the Fourth Judicial Circuit.
AT Chambers, Dec. :, 1891.
WRIT OF MANDAMUs.
The following is the writ OF man
| damus served yesterday upon Auditor
W. G. Crnmer:
Whereas, complaint was hrretoiore
made to the SAID Cpur: OF Common
| Plea. for the said county. Mt Novem-
| Der term, 1891, Ivy tile National Bank
| Of Newberry, against you the ahnve
named Wallace G.. Crnner, as Audi
Of the seid County Of Newberry, chaEg-
ing that you az auditor aforesaid had
unlawfuliy assessed the personal prop
erty of said bank, relator, for taxation
for the fiscal year commencing on the
first day o, No ;ember, 1890, at the
valuation of two hundred and thirty
thousand dollars, while the value Of
| the said property was lawfully fixed
and established at one hundred and
fifty thousand dollars, and that you
had 80 unlawfully entered the valuation
of the said property on your tax lists;
and charging that YOU as Auditor as
aforesaid had unlawfully entered upon
yodr tax duplicates the sum of three
thousand and one hundred aud five
dollars as the amount of taxes payable
on the said personal property for the
said fiscal year, instead of two thous-
and and twenty-five dollars, the
amount of taxes lawfully payable on
the said property.
And whereas, to an order by the
said Court requiring you as Auditor
aforesaid, to show cause why!a peremp-
tory writ Of mandamus should not
issue commanding you to correct your
said tax list and tax duplicates in con-
formity with the said alleged lawful
state Of facts, you made a return, and
upon hearing that return, and on argu-
gument Of counsel, the said Court (the
Honorable J. H. Hudson. a Circuit
Judge of said State, presiding ordered
that perempt0ry writ of mandamus
be issued by the Clerk of the said
Court, requiring you to correct forth
with your said tax list and your said
tax duplicates in conformity with the
facts alleged in the said complaint.
Now, therefore, in pursuance Of the
said last mentioned order of the said
Court, you are required and COM
manded to correct forthwith your
said tax list, so as to place the personal
property of the said bank at the valu-
alton of one hundred and fifty thous-
and dollars, and also to correct your
said tax duplicates for the said fiscal
year, So as to fix the tax collectible on
the said personal property to CORES
pond with the said redtAtion in the
valuation Of the said property.
BY order Of the said Honorable J.
H. Hudson. presiding Judge of the
Seventh Judicial Circuit of the said
State, dated the eighteenth day Of No.
vember, 4. D. 1891.
In witness whereof I. Jno. NJ. XII
nard, as Clerk Of the said Court for the
id county, have hereunto set my sig
nature ana the seal of the said Court
this eighth day Of December, in the
year of our Lord, one thousand eight
hundred and ninety-one.
JOHN NJ. KINARD,
Clerk Of Court for Newberry, Co.. 5. G.
The above form of writ ia sufficient
and proper. J. H. HUDSON,
Presiding Judge.