The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1900-02-28
1BE PENIIENIIARY NOTES
The Carolina National Bank Author
iH"d TO Bring Suit Against the
State

The Legislature passed the bill an.
LhoriHtng the Carolina National bank
10 orlng suit against the State for the
! recovery OF money placed to the credit
I OF The State penitGntiary on two notes
/ endorsed by Neal as supcrinten lent.
the said notes having Dever been paid
! The State will lose nothing in the
! suit. II it be shown that the bank can
/ mold the State Responsible, then the
State may go back on Meals bOndsmen
III the State is not accountable, then
the bank and Neal must have il ont
between them. The recent Legislation
inrther provides that this suit will not
altect the status Of the criminal action
already brought against Neal. The
joint resolution reads:
Whereas the Carolina National bank
OF Columbia now holds one note Of w.
w. Russell for $500 dated July :. 1899
anu one note OF G. w. RtgsdaIe for
~ 600 both payable to the order Of w.
a Neal, superintendent, and endorsed
by w. a. Neal, superintendent, and
discounted by tue said bank for the ac.
cOmmOdatlon OF the State Denitenti3ry.
the proceeds thereof going TO the credit
OF the penltentlary in the said bank
and whereas both OF said notes are nuw
past due and unpaid, and the makers
thereof have failed and refused to pav
the same on demand, the said bank
claims that the State should pay the
said notes and refund and return to it |
the proceeds thereof. placed Ey it to |
the credit OF the pentcntiary. with in.
tetest thereon: and whereas, the State |
Is unwilling to DO 20 unless it's liability |
IN The premises shall first be legally |
eStaO Ollsned; and whereas, no action can |
De brought against the State without |
its authority: therefore
Section |. BE it enacted 10y The Gen.
orai Assembly OF the State Of South
Carolina: That the said bank be, ana
1t is hereby authorized TO bring and
prosecute against the State, in the
courts Of the State, any action or nc.
tions, q it may be advised, Tor the pur
pose OF testing the liability OF the
State in the premises and OF establish.
ing the validity Of the said claim
against the State The leave herein
TO 5 Ie the S.atc is uuon the cX.
press condition that nothing herein
contained is TO be considered AS estOD.
ping the State upon any action that it
may be deemed proper to bring on the
Oh'tlal bond OF Neal and his sureties uD.
On the matter In question: and upon the
Iurther condition that il such action so
allowed To be brought is not carried to
inai judgment SHOULD the said he
against the State by six months before
The right OF action in the State on said
)ltlcial bond would be barred, then said
action is discontinued, and any judg.
nent against the State rendered tnerc- !
IN thereaflcc, is null and void and Of ,
lone clsct.
Sec. In case the claim OF the said
1ank shall be legally established hy
inal Judgment OF the courts Of this ,
state, as provided for in the preceding
ection, then, and in that event, the .
OF the State penitcn. .
iary, and the board Of directors there !
", shall! pay the full amount OF the
anne as liked by such final judgment.
WITH lega! Interest thereon 10 date OF !
payment, together with the cost and !
disbursements Of the action in which >
ala hnal Judgment may be recovered,
uch payment TO bc made out ot the re
eipts Of the State penitentiary, or any
thcr funds in their hands belonging
o the said penitcntiary. J.