The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1900-02-28
TO SUE THE STATE.
Tha Carolina National Bank Of Colum-
hia Authorized to Do So.

The legislature passed the bill auth
oriziug the Carolina National Bank to
bring suit against the State for the re-
co7ery Of money placed to the credit Of
the State penitentiary on two notes en-
dorsed by Neal as superintendent, the
said notes having never been paid.
The State will lose nothing in the suit.
Ifit it be shown that the bank can hold
the State responsible, then the State
may 20 back OF Meals bondholders. If
the State is not accountable, then the
bank and Neal must have it out be-
tween them. The recent legislation
further provides that this suit will net
affect the status Of the criminal action
already brought against Neal. The
joint resolution reads:
Whereas the Carolina National Bank
of Columbia now holds one Dote of w.
w. Russell for $500 dated July 9th,
1899. and one note of q. W. kagsdale
for 81, 900 both payable to the order Of
W A. Neal, superintendent, and en-
dorsed by w. A. Neal, superintendent,
aud discounted by the said bank for the
accommodation of the State peniten-
tiary, the proceeds thereof goirg to the
credit Of the penitentiary in the said
bank; aod whereas both Of said notes
are now past due and unpaid, and the
makers thereof having failed and re-
fused to paw the same on demand, the
said bank claims that the State should
pay the said notes and refund and re.
turn 10 it the proceeds thereof, placed
by it to the credit Of the pentitentiary,
with interest thereon; and whereas, the
State Is unwilling to do SO unless its
liability in the premises shall first be
legally established; and whereas, no
action can be brought against the State
without its authority; therefore,
Section l. Be It enacred BY the gen.
eral assembly of the State Of South
Carolina: That the said bank be, and it
is hereby authorized to bring and prose.
cute against the State, in the courts Of
the State. any action or actions, as 1t
may be advised. for the purpose of lest
ing the liability Of the State in the
premises, and of establishing the validi-
ty of the said claim against the State.
The leave herein granted to sue the
State is upon the express condition that
nothing herein contained is to be con-
siiered as estopping the State upon any
action that it may be deemed proper to
bring on the of ;ial bond of Neal and
his sureties upon the matter in ques-
ton; and upon the further condition
that if such action so allowed to be
brought is not carried to final judg-
ment Should the said be against the
State) by six months before the right
of action in the State on said official
bond would be barred, thea said a,tlon
is discontinued, and any judgment
against the State rendered thereon
thereafter, is null and void and Of none
effect.
Sec. 2. In case the claim Of the said
bank shall 5e legally established by
final judgment Of the courts of this
State, as provided. for in the preceding
section, then, and in that event, the
superintendent of the State peoiten-
,iary, and the board of directors there.
of, shall pay the full amount Of the
same as fixed by such 6nal jud gment,
with legal interest thereon to date of
payment, together with the cost and
disbursements of the action in which
said final judgment may be recovered,
such payment to be made out Of the re.
ccipts of the State penitentiary, OF any
funds in their hands belonging to the
said penitentiary.