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ally due; a copy of which said petition shall be served on the opposite party, at least thirty days before the sitting of the court, with notice thereon to appear at a certain day in court, in order to answer, if necessary, the contents of said petition: And if the party so served with a copy of said petition, shall not appear at the time and place in the said notice mentioned, or if appearing, shall not offer some substantial defence, then the said court shall proceed to make such order or decree therein as to justice and equity shall appertain. Provided always, That is the defendant or defendants should appear at the return of said petition, and shew sufficient reasons to the said court, on oath, for going into a more ample investigation of the case, then and in every such case, the said parties shall and may be at liberty to go into the examination of witnesses to prove and substantiate their respective allegations, as in other cases.
And be it further enacted by the authority Judge to aforesaid, That the judges of the said court are establish
necessary hereby authorized and required to make and mules established all such rules, orders and regulations as may be necessary for the better and more effectually carrying into execution the terms of this act, for the benefit of the citizens of this state.
And be it further enacted by the authority to hear aforesaid, That it shall and may be lawful for
and make any one of the judges of the said court to hear all orders. motions, and to make all orders necessary in any cause previous to the hearing and making the final decree.
And be it further enacted by the authority shall reaforesaid, That the judges shall cause the prin- cord reacipal facts and reasons on which they found their decree in each cause to appear upon record.
What And be it further enacted by the authority suits shall aforesaid, That suits in equity shall not be susnot be sustained in tained in any case where plain and adequate reequity. medy can be had at common law.
And be it further enacted by the authority Parties aforesaid, That all suitors and defendants in the may do their own court of equity may do their own business withbusiness. out application to any counsellor or solicitor of
And be it further enacted by the authority Judges aforesaid, That each and every of the judges of shall ride the the circuit
the court of equity shall ride the circuit, unless
February, in the year of our Lord one thou-
President of the Senate.
An ACT to amend the several Acts for estab.
lishing and regulating the Circuit Courts
throughout this State. UNT HEREAS the several acts establishing
VV and regulating circuit courts within this state, require amendment: therefore,
Be it enacted by the honorable the Senate and Powers of House of Represcntatives, now met and sitting the supe. in general assembly, and by the authority of the rior courts of law
** same, That the superior courts of law throughthrough- out this state, shall have, hold, use and exercise out this
such jurisdictions and powers as are vested and lodged in them respectively by virtue of the acts of assembly framing and constituting
· them; the court in each district possessing and being capable of exercising the same compleat, original and final jurisdiction as is possessed and exercised by the courts of general sessions of the peace and of conimon pleas, heretofore established and hekl in Charleston district, according to the former usage, practices and customs of the said courts, except where altered by law, and in points of practice by the rules of court, from time to time made by the judges thereof.
And be it firrther enacted by the authority Court days aforesaid, That from and after the next sitting for general of the said courts, through the present districts is of the state, agrecably to the existing law's, the superior courts of gencral sessions and common pleas, shall be heid at the times and places hurein after directed, that is to say, the courts of general sessions in and for the district of Charleston, shall be held at the city of Charleston, for the trial of all offences committed within the said district, on the third Mondays in January, May and September in each year, and shall continue to sit until all the business ready for trial be dispatched, or until the end of the term. And the Court dass courts of common plcas in and for the district for comof Charleston, shall be held at the city of Charleston, for the trial and decision ofail civil pleas or actions therein legally depending, on the fourth Monday in January, May and September in each year, and shall continue to sit until the business ready for trial or hearing be dispatched, or until the end of the term. And the Court days courts of sessions and common pleas for the for othe
i district other districts, shall hold pleas of all causes, ei- fiscd. vil and criminal, within their respective limits, as follows, that is to say, at Cocsa hutchie and Georgetown, on every first clay of April and No. vember; at Orangeburgh, on every eighth day
of November and tenth day of April, and at the Cheraws on every tenth day of April and November; at Cambridge, on every sixteenth day of November and eighteenth day of April; and at Camden, on every ninctccth day of April and November; in Pinckney district, at such place as may be appointed by the commissioners herein after nominated, on every first day of April and November; and in Washington district, at such place as may be appointed by the commissioners herein after nominated, on every tenth day of April and November: Provided, That if any of the above mentioned days shall happen to be on Sunday, the said courts shall begin on the day following. And each of the said courts shall sit from day to day, not exceeding four days at Coosawhatchie in November, and six days in April; and not exceeding six days in Orangeburgh, Pinckney and Washington; and ten days in Nineiy-Six district, in April and November; and not exceeding six days at Georgetown and Cheraws, and ten days at Canden in April and November; or, until the business of the said courts respectively shall be dispatched, if all the business can be determined in that time; but if it cannot, then what shall remain unfinished, shall be continued or adjourned over to the next court.
And be it further enacted by the authority Courts to aforesaid, That the courts of general sessions of have juris- the peace, of oyer and terminer, assize and gediction of all pleas, neral gaol delivery, shall have cognizance and civil and jurisdiction of all pleas criminal, where the of erininal.
fence shall be committed within the limits of the respective districts; and the said courts of common plcas, of all civil pleas or actions, in those of the following districts, wherein the defendants may reside, be arrested or taken, by process or
warrant; and the same shall be heard, tried and determined at the said courts respectively; that is to say, the said courts at Charleston, of all offences committed within that district, and of all such pleas or suits, civil, in which the defendants shall reside, be arrested or taken in Charleston district, which district shall include all Limits of places within the south branch of Santee river, , and Combahee river, and the sea, including the islands, by a line drawn from a place called Nelson's Ferry directly towards Matthews's Bluff on the Savannah river, until it intersects the stramp at the head of the south branch of Combahee river. The said courts at Coosawhatchie, of all such offences and pleas within Beaufort district, which shall include all places to the southward of Combahee river and the swamp aforesaid, between the sea, including the, isl. ands, and the line to be continued from the main swamp aforesaid to Matthews's Bluff on the Savannah river. The said courts at Orangeburgh, of all such pleas, civil and criminal, within Orangeburgh district, which shall include all places between the Savannah, Santee, Congaree and Broad rivers, the said line from Nelson's Ferry to Matthews's Bluff, and a direct line to be run from Silver Bluff on the Savannah river to the mouth of Rocky creek on Saluda river, and thence in the same course to Broad river. The said courts at Georgetown, of all such pleas, criminal and civil, within Georgetown district, which shall include all places between Santee river, the sea (including the islands) and the line which divides St. Mark's from Prince Frederick's parish, which shall be continued in the same course across Perice 10 the North-Carolina boundary. The said courts at the Cheraws, of all such plcas, criminal and