A. D. 1868. third parties. SEC. 9. If any goods or effects seized as the property of the debtor shall be claimed by or in behalf of any other person as his property, Claims by within two days after the appraisement of such property, as set forth in Section 7 of this Act, the claimant or his agent may execute a bond to the Sheriff, with sureties to be approved by him, in a penalty double the amount of such appraised value, conditioned that in a suit to be brought on such bond the claimant will establish that he was the owner of said property at the time of the seizure; and in case of his failure to do so, that he will pay the amount of such valuation, with interest from the date of the bond. Upon such bond being executed and delivered to the Sheriff, he shall discharge said property from the attachment: Provided, Nothing in this Section shall be construed to prevent the claimant from proceeding in any proper form of action for the recovery of such property, or the value thereof. Proviso. Stocks liable. Execution; how made. Debtor shall tificate. SEC. 10. The rights or shares which such defendant may have in the stock of any association or corporation, together with the interest and profits thereon, and all other property in this State of such defendant, shall be liable to be attached and levied upon, and sold to satisfy the judgment and execution. SEC. 11. The execution of the attachment upon any such rights, shares, or any debts or other property incapable of manual delivery to the Sheriff, shall be made by leaving a certified copy of the warrant of attachment with the President or other head of the association or corporation, or the Secretary, Cashier or managing agent thereof, or with the debtor or individual holding such property, with a notice showing the property levied upon. SEC. 12. Whenever the Sheriff shall, with a warrant of attachment or furnish cer- execution against the defendant, apply to such officer, debtor or individual, for the purpose of attaching or levying upon such property, such officer, debtor or individual shall furnish him with a certificate, under his hand, designating the number of rights or shares of the defendant in the stock of such association or corporation, with any dividend or any incumbrance thereon, or the amount and description of the property held by such association, corporation or individual for the benefit of, or debt owing to, the defendant. If such officer, debtor or individual refuse to do so, he may be required by the Court or Judge to attend before him, and be examined on oath concerning the same, and obedience to such orders may be enforced by attachment. Satisfaction. To plaintiff. Balance due. SEC. 13. In case judgment be entered for the plaintiff in such action, the Sheriff shall satisfy the same out of the property attached by him, if it shall be sufficient for that purpose: 1. By paying over to such plaintiff the proceeds of all sales of perishable property, and of any debts or credits collected by him, or so much as shall be necessary to satisfy such judgment. 2. If any balance remain due, and execution shall have been issued on such judgment, he shall proceed to sell under such execution so much of the attached property, real or personal, except as provided in sub division four of this Section, as may be necessary to satisfy the balance, if enough for that purpose shall remain in his hands; and in case of the Purchaser sale of any rights or shares in the stock of a corporation or association, shall receive the Sheriff shall execute to the purchaser a certificate of sale thereof, and the purchaser shall thereupon have all the rights and privileges, in respect thereto, which were had by said defendant. certificate of sale. A. D. 1868. Reposses 3. If any of the attached property belonging to the defendant shall have passed out of the hands of the Sheriff without having been sold or converted into money, such Sheriff shall repossess himself of the same, sion. and for that purpose shall have all the authority which he had to seize the same under the attachment; and any person who shall wilfully conceal or withhold such property from the Sheriff shall be liable to double damages, at the suit of the party injured. to plaintiff. 4. Until the judgment against the defendant shall be paid, the Sheriff Remainder may proceed to collect the notes and other evidences of debt, and the debts that may have been seized or attached under the warrant of attachment, and to prosecute any bond he may have taken in the course of such proceedings, and apply the proceeds thereof to the payment of the judg ment. When the judgment and all costs of the proceedings shall have been paid, the Sheriff, upon reasonable demand, shall deliver over to the defendant the residue of the attached property or the proceeds thereof. SEC. 14. The actions herein authorized to be brought by the Sheriff may be prosecuted by the plaintiff, or under his direction, upon the delivery by him to the Sheriff of an undertaking, executed by two sufficient sureties, to the effect that the plaintiff will indemnify the Sheriff for all damages, costs and expenses on account thereof, not exceeding two hundred and fifty dollars in any one action. Such sureties shall, in all cases, when required by the Sheriff, justify his making an affidavit that each is a householder, and worth double the amount of the penalty of the bond, over and above all demands and liabilities. Sureties. Foreign cor SEC. 15. If the foreign corporation, or absent, or absconding, or concealed defendant recover judgment against the plaintiff in such action, porations. any bond taken by the Sheriff, except such as are mentioned in the preceding Section, all the proceeds of sales and money collected by him, and all the property attached remaining in his hands, shall be delivered by him to the defendant or his agent, on request, and the warrant shall be discharged and the property released therefrom. SEC. 16. Whenever the defendant shall have appeared in such action, Release from he may apply to the officer who issued the attachment, or to the Court, attachment. for an order to discharge the same; and if the same be granted, all the proceeds of sales and moneys collected by him, and all the property attached remaining in his hands, shall be delivered or paid by him to the defendant or his agent, and released from the attachment; and where there is more than one defendant, and the several property of either of the defendants has been seized by virtue of the order of attachment, the defendant whose several property has been seized may apply to the officer who issued the attachment for relief under this Section." SEC. 17. Upon such application, the defendant shall deliver to the Court or officer an undertaking, executed by at least two sureties, who are residents and freeholders or householders in this State, approved by such Court or officer, to the effect that the sureties will, on demand, pay to the plaintiff the amount of judgment that may be recovered against the defendant in the action, not exceeding the sum specified in the undertaking, which shall be at least double the amount claimed by the plaintiff in his complaint. If it shall appear by affidavit that the property attached be less than the amount claimed by the plaintiff, the Court or officer issuing the attachment may order the same to be appraised, and the amount of the undertaking shall then be double the amount so appraised; and in Bond for sureties. A. D. 1868. discharge. all cases the defendant may move to discharge the attachment; and where there is more than one defendant, and the several property of Motion to either of the defendants has been seized by virtue of the order of attachment, the defendant, whose several property has been seized, may deliver to the Court or officer an undertaking, in accordance with the provisions of this Section, to the effect that he will, on demand, pay to the plaintiff' the amount of judgment that may be recovered against such defendant, and all the provisions of this Section applicable to such undertaking shall be applied thereto. Sheriff to return. Fees of Sheriff. Distress for SEC. 18. When the warrant shall be fully executed or discharged, the Sheriff shall return the same, with his proceedings thereon, to the Court in which the action was brought. SEC. 19. The fees and compensation of the Sheriff for services under this Act shall be assimilated to those now allowed by law for similar or equivalent services. SEC. 20. Distress for non-payment of rent, as heretofore existing, is non-payment abolished. All Acts and parts of Acts inconsistent with this Act are of rent abol- hereby repealed. ished. In the Senate House, the twenty-fourth day of September, in the year of our Lord one thousand eight hundred and sixty-eight. L. BOOZER, President of the Senate. FRANKLIN J. MOSES, JR., Speaker House of Representatives. Approved: ROBERT K. SCOTT, Governor. be No. 53. furnished AN ACT TO PROVIDE FOR THE PAYMENT OF THE MILEAGE AND PER SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General AssemMembers to bly, and by the authority of the same, That the Clerk of the Senate and with pay cer- Sergeant-at-Arms of the House be, and are hereby, authorized to furnish each member of the respective branches of this General Assembly with a certificate of the amount of his mileage and per diem, due him from the first of September, 1868, to the last day of the present session, inclusive, as he may direct. tificates. To be signed officer. SEC. 2. That the certificates shall be made out at the rate of mileage by presiding and per diem established by the new Constitution of South Carolina, and cach certificate of the Senators shall be certified to by the President of the Senate, and the certificates of the members of the House by the Speaker, and shall be paid in Bills Receivable, to the value of United States currency, at current rates of exchange, said rate to be fixed by the Treasurer of the State; and each certificate shall have the amount due the holder in legal tender, and the amount in Bills Receivable required to pay the same, at the rates aforesaid. SEC. 3. That the subordinate officers and employees of this General Officers and Assembly shall, in like manner, be furnished with certificates, as afore said, except as to mileage. employees. A. D. 1868. SEC. 4. That the Treasurer of this State is hereby authorized to pay the said certificates out of Bills Receivable in the Treasury of the State of South Carolina, at the current rates, as provided in Section 2 of this Treasurer to Act, and hold the certificates as his receipts therefor. In the Senate House, the twenty-fourth day of September, in the year of our Lord one thousand eight hundred and sixty eight. L. BOOZER, President of the Senate. FRANKLIN J. MOSES, JR., Speaker House of Representatives. Approved: ROBERT K. SCOTT, Governor. pay. AN ACT TO PUNISH DISCRIMINATION IN THE TREATMENT OF PRIS- SECTION 1. Be it enacted by the Senate and House of Representatives of No. 54. the State of South Carolina, now met and sitting in General Assembly, No discrimiand by the authority of the same, That from and after the passage of nation. this Act it shall be unlawful for Sheriffs or Jailers to make any discrimination in the treatment of prisoners placed in their custody. SEC. 2. Every violation of this Act shall be a misdemeanor, and upon conviction thereof the party convicted shall be fined not less than twentyfive dollars, and imprisoned for not less than one month, nor more than twelve months. In the Senate House, the twenty-fifth day of September, in the year of our Lord one thousand eight hundred and sixty-eight. L. BOOZER, President of the Senate. FRANKLIN J. MOSES, JR., Speaker House of Representatives. Approved: ROBERT K. SCOTT, Governor. Penalty. AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO PROVIDE FOR No. 55. Act Decem amended. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the Act entitled "An Act to ber 20, 1850, provide for the inspection of flour," ratified on the twentieth day of December, in the year of our Lord one thousand eight hundred and fifty, be, and the same is hereby, so amended that hereafter flour of wheat, rye or corn, manufactured in the city of Charleston for export to any other port or ports beyond the limits of the State, shall not be liable to inspection in the said city of Charleston. In the Senate House, the eighteenth day of September, in the year L. BOOZER, President of the Senate. FRANKLIN J. MOSES, JR., Speaker House of Representatives. Approved: ROBERT K. SCOTT, Governor. A. D. 1868. No. 56. be ordered. AN ACT TO PROVIDE FOR THE ELECTION OF THE OFFICERS OF THE LINA. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, Election to and by the authority of the same, That His Excellency the Governor shall, on or immediately after the passage of this Act, order an election to be held on the second Tuesday of November, in the year 1868, in all incorporated cities and towns of this State, for the election of all officers provided for by the charters of the said cities and towns. Managers of Elections. Oath. SEC. 2. The Managers of Elections appointed in pursuance of an Act of the General Assembly, passed at the special session of 1868, entitled "An Act to provide for the next general election," are hereby authorized and required to conduct the elections herein provided for, and all subsequent elections that may be ordered to be held in such cities and towns, until otherwise provided for by law. SEC. 3. In order to secure the free expression of all persons qualified Registration. to vote, as hereinafter provided, the Managers of Election shall open their respective polling places for three (3) days next preceding the day fixed for the election herein provided for, commencing at 7 o'clock A. M., and closing at 5 o'clock P. M., each day, and shall, during these days, record the names of all qualified electors, and their place of residence, in a book to be furnished by them, the Managers. All persons who present themselves for such registration shall, before their names are recorded, take and subscribe to the following oath: I, do solemnly swear (or affirm) that I am a citizen of the United States; that I have been an inhabitant of this State for one year next preceding this day, and for the last sixty days a resident of this city (town or village, as the case may be); that I reside in this ward (or polling precinct). The Managers shall, To be secure after the election, turn over the registration books to the Mayor or Inly deposited. tendant, who shall cause the same to be put up in a safe and secure place. They shall receive a sum of money to cover expenditures for books, staExpenses. tionery, &c., together with their pay as herein allowed, from the Treasury of such city, town or village wherein such election is held. Qualifica SEC. 4. The qualifications of an elector shall be those required by the tions of vo- Constitution, together with a residence of sixty days next preceding the election, within the corporate limits of the city or town, and that he has been duly registered in the ward or precinct in which he offers to vote. ters. Counting of votes. Report of election. SEC. 5. The Managers of Election shall meet at 10 o'clock A. M., on the day succeeding such election, at some public place within the corporate limits of the city or town in which such election is held, and proceed to count the votes, under oath, stating the whole number of votes cast for each candidate or person voted for, and shall transmit their report of the same, in a sealed envelope, to the acting Mayor or Intendant of the city or town wherein they have been appointed; and if there be no acting Mayor or Intendant in any such city or town, or in the absence of such Mayor or Intendant, the same shall be transmitted to the Clerk of Court for the County in which said city or town may be. The said Mayor or Intendant, or Clerk of Court, shall open the report of said Managers, Announce and shall announce and publish the whole number of votes cast, and the whole number cast for each candidate, when the several candidates re ment of result |