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civil within the Chcraws district, which shall be bounded by the state boundary and the line di, viding St. Mark's and Prince Frederick's parishes, continued till it intersects the northern state line, and by Lynch's creck, and a line drawn from the head of that crech upon a course north 30 degrees west, until it interscets the state line. The said courts at Camden, of all pleas, criminal and civil, within Camden district, which shall include the counties of Lucaster, Kershaw, Claremont, Clarendon, Richland and Fairfield, The said courts in the district of Pinckney, of all plas, criminal and civil, within the district of Pinckney, which shall include the countics of Chester, Spartanburgh, Union and York, except that part of York county laying on the east-side of the Catau la river, and on the south-east side of Sugar creck, which shall remain in Camden district and be annexed to Lancaster county, The said courts at Cambridge, of all pleas, criminal and civil, within the district of Ninety-Six, which shall include the counties of Abbeville and Edgefield, Laurens and Newberry. The said courts in Washington district, of all pleas, criminal and civil, within the dist: ict of Washington, which shall include the counties of Pendlcton and Greenville.
And be it further enucted by the authority Who shall aforesaid, That the chief justice and associate be judges judges of this state for the time being, chosen of the
by the legislature, and in case of the sickness or hereby absence of any of them, any person for that time establishe.
commissioned and appointed for that purpase by the governor or commander in chief of this state, shall be judges of the courts hereby established; , and they, or any one of them, shall and may have, hold and exercise the same powers and authorities respectively, touching all matters
within the limits of their jurisdiction aforesaid, as the said courts have or may exercise under and by virtue of the laws and constitution of this state and the constitution of the United States. And the said courts may, from time to time, Courts make such just and reasonable rules and orders may make
rules and for the more regular and convenient conducting orders. and effcctual dispatch of business therein, as to them shall seem necessary and proper. And in Clerk may case there shall be no court held on the days ap- open and pointed by this act, it shall and may be lawful
fu court from for the clerk of any of the said courts respective- day to day. ly, or his lawful deputy, to open and adjourn the same from day to day, until the courts shall meet, or until the last day appointed for holding the same, on which said last day lie shall adjourn the same until the next court, to which time all actions then depending shall stand over.
And be it further enacted by the authority: aforesaid, That all judicial process (exccutions no excepted) shall be tested in the name of the chief how to be justice of the state, and in case of the vacancy of tested.
signed and the chief justiceship, in the name of the senior sealed. associate judge, and shall and may be issued from and signed by the clerks of any of the said courts, under the seal of the court; and the said process shall and may be served in any district of the state; and in all cases where there shall How to be two or more defendants in one action, residing proceed
whcre dein different districts, it shall be at the option of fendants the plaintiff to try his cause in the district u here reside in any one of the defendants shall reside, be arrested or taken. But all executicns shall be issued Executi. from the court of the district in which verdict ons, bow or judgment shall be obtained, and shall be test
Sled, tested, ed in the name of the chief justice; and in case signed and of the vacancy of the chief justiceship, in the served. name of the senior associate judge, and signed
bere sturtall in
by the clerk thereos, and served by the sheriff of the district, or his deputy, where the defendant is found or resides, or where his property may be found.
And be it furiher enacted by the authority Return, aforesaid, That all writs or mesne process and days fixed.
executions, that shall be issued by or from the court of common pleas, in and for the district of Charleston, shail be made returnable to the court thereof on the first Tuesday in January, the
fourth Tuesday in March, and third Tuesday in All writs August. And all writs and executions that and execu- bli
made shall be issued by or from the courts in the other returnable districts, shail be made returnable to the clerk
hin thereof, thirty days next before the sitting of the ty days be- court to which they are rcturnable; and the shefore the riffs shall make certain return thereof on the recourt sits.
spective days hereby directed, to the said clerks, whose duty it shall be safely to deliver them to
the plaintiff's attornies in the several suits so Plaintiff commenced and prosecuted. And the plaintiff shall file nis decla
shall, on the return of such writs, proceed to file ration. his declaration during the sitting of the court
next after the writ is returnable, or at any time after, until the next succeeding court; and shall take judgment by default against the defendant in said suit, unless an appearance has been regularly entered by the defendant's attorney with the
clerk of the court, during the sitting of the said Defendant court. And the dcfendant, if he puts in an apto put in
pearance as aforesaid, shall and may put in his his plea.
plea in writing, with the clerk of the said court, within one month after the declaration is filed, or judgment may be taken by default.
And be it further enacted by the authority Sheriff, at aforesaid, That the sheriff of each of the said disthe expira-, tion of his tricts shall be obliged, at the expiration of his office, to office, to turn over to the succeeding sheriff, all
such writs and processes as shall remain in his turn ovet hands unexecuted in the manner prescribed by to sucthe “act for establishing courts, building gaols, sheriffall.
ceeding and appointing sheriffs and other officers, for the unexecutmore convenient administration of justice in this en (then province,”) passed the twenty-ninth day tisfiedexeof July, one thousand seven hundred and sixty- cutions. nine; and also all executions whereon he hath not made actual sale of the property levied by virtue of such executions, to the amount of the demands of the plaintiffs in such suits.
And be it further enacted ly the authority No sheriff, aforesaid, That no sherifi of any district, or county or city, no master in equity, no commissioner shall purof the loan office or treasurer, shall be concern- chase pro
perty sold ed or interested, directly or indirectly, in the by him. purchase or acquisition of any property sold by them respectivdiy, by virtue of or in obedience to any process, execution, order of court, or law: and if any such officer shail presume to be concerned or interested in any such purchase or acquisition at any sale by him made, he shall, on conviction thereof, be deprived of his office; and the purchase so made shall be utteriy void and of no effect.
And to prevent unnecessary delays, and private sales to the prejudice of honcst debtors and creditors,
Be it further enacted ly the authority afore- When and said, That no district sheriff shall sell any pro- wliere dis
trict sheperty in any private or retired part of his dis- riffs shall trict; but he shall sell the same on the first Mon- sell proday, and if the sales commenced on that day per cannot be concluded on the same, they may be finished on the day following, at the same hours,) in each month, between the hours of cleven and thrce in Charleston district, and eleven and five in the other districts, at such places in each and
every district as the judges of the court of ccm
mon pleas shail appoint, and at no other time How and or place whatsoever: And all notices of sale by where the sheriff of Charleston district, shall be pubsheriffs sales shall lished three times in the state gazette, or any be adver- other gazette, and at three notorious public platised.
ces in the said district. And the sheriffs for all other districts in this state shall publish all notices of sale at the court house of the district, and two other notorious places in the district, and in the most public places of the neighbourhood from which the property was taken.
And be it further enacted by the authority Sheriffs aforesaid, That each of the said sheriffs shall be to return bound to make return of the executions lodged executions : :.
in his oflice, on oah, within ten days after the days after return day, with a full und particular account of return day. the levies or sales by lim made, and of the mo
ney in luis hunds.
Anulle it further enacted by the authority Feesto be aforesaid, That at whatever stage any suit may taxed, and cease or determine, the attornies, clerks and executions
ins seriffs, shall have their fees taxed, and on nonnon-pay- payment thereof, execution may be issued
against the party from whom they are due, and be lodged with the sheriffs of the respective districts, and returnable at the ensuing return day; and the sheriff, for his trouble in coilccting such fces, shall be allowed a commission of two and one half per cent. to be paid by such definiter.
And be it further enacted by the avihority Commis- aforesaid, That colonel Edward Lacey, colonel
es ap- William Farr, James Martin, colonci William contract Bratton, Baylis Earle, esquire, and William for build. Smith, esquire, for Pinckney district; and geing gaols and court neral Andrew Pickens, colonel Robert Anderhouses. son, captain Robert Maxwell, and Mr. John
Bowen, Mr. James Harrison, major John Ford,