numbers drawn and summoned for each of the said country or circuit districts, two juries shall always be formed, whose duty it shall be well and truly to try all the issues with which they may be charged, and to execute all the writs of enquiry which may be delivered to them respectively.

And be it further enacted by the authority aforesaid, That any jury man who shall be le- Fine for gally summoned to appear and act as such at not attending and any of the district courts in this state, and shall acting as neglect or refuse to do so, every such juor, if a juror. a grand juror or special juror, shall forfeit and pay the sum of ten pounds sterling money; and if a petit juror, or a juror summoned to appear and act as such at the common pleas, shall forfeit the sum of five pounds like money, unless such person can shew a good and sufficient cause of excuse, on oath, as hath been usual heretofore, to be proved to the satisfaction of any of the judges at the next sitting of the court, to be recovered and applicd in the same way and manner that fines for non-attendance of jurors have been heretofore recovered and applied.

And whereas, the sheriffs of the districts of Pinckney, Washington and Ninety-six, were authorized and directed, by the fifteenth section of the act, entitled, "an act to amend the several acts for establishing and regulating the circuit courts throughout this state," to form jury lists, agreeably to law, from the last tax returns for their respective districts, and to lay the same before the judges at Cambridge, in November last, who should cause juries to be drawn in the manner prescribed by law. And whereas, the sheriffs of Pinckney and Ninety-six districts, did not lay before the judges at Cambridge their jury lists on the first day of the sit

W

furors drawn at

the last sitting for

and Nine

draw

juries.

ting of the said court in November, and doubts may arise whether the juries drawn by the jud ges were legally drawn. And whereas, the sheriff of Washington district made no return at all of his jury lists, whereby the public justice may be impeded: For remedy whereof,

Be it enacted by the authority aforesaid, That the juries which were drawn by the judge or judges at Cambridge, during their last sitting for the districts of Pinckney and Ninety-six, Pinckney be, and they are hereby declared to have been ty-six, de regularly and legally drawn, and shall be so clared le- deemed, construed and taken, as fully as if the gal. same had been drawn on the first day of the sitting of the said court, in the most formal manner Sheriff of prescribed by law; and that the sheriff of WashWashing- ington district be, and he is hereby authorized ton to and directed to proceed to form jury lists, agreeably to law, from the last tax returns of the counties in his district; and shall lay the same before the judges of the county court of Pendleton or Greenville, at any time during their next sitting, who shall be, and they are hereby authorized and directed to cause juries to be drawn, in the manner prescribed by law, to serve at the courts of general sessions and common pleas, to be holden for the district of Washington, on the tenth day of April next; and such drawing shall be and is hereby declared to be legal and regular, and the sheriff shall proceed to summon the jurors so drawn, according to law; and such jurors shall be and are hereby declared to be liable to the same penalties for non-attendance as jurors at either of the said courts to which they may be respectively summoned by this act, are subjected to.

And be it further enacted by the authority aforesaid, That the offices of the different she

ces near

riffs in the several districts throughout this state, Sheriff's shall always be kept in the city, town or village shell keep where the respective court-houses are establish- their offied, on pain of forfeiting their respective offices; the court and that a fair and true copy of the books of and delivhouses, every sheriff, now in office, or hereafter to be er up their in office, shall be made at his own expense, books books well and strongly bound, and shall be months af lodged, within three months after the expiration ter being of his office, and be kept as public records in £ce. the respective offices of the several sheriffs for the time being throughout this state, on pain of forfeiting five hundred pounds.

in

within 3

out of of

And be it further enacted by the authority aforesaid, That three officers shall be appointed Circuit so. by the legislature of this state, who shall be call. licitors to be appoin. ed circuit solicitors, and whose business it shall ted, and be to do the duty of the state's attorney, on the their duty, northern, southern and western circuits respectively, and to give their council and advice to the governor and other state officers in matters of public concern, whenever they shall be by them required so to do, and to assist the attorney-general in Charleston, or each other at any other place, in all suits or prosecutions in behalf of this state, whenever they or cither of them shall be directed to do so by the governor or commander in chief of this state for the time being; and also to attend the legislature of this state whenever they shall meet, and to draw out or draught and engross all such bills and acts as the president of the senate or the speaker of the house of representatives shall from time to time direct them to prepare or engross; which said circuit solicitors shall be liable to all the penalties, and shall enjoy all the privileges, emolu, ments and advantages, to which the attorneygeneral of this state in Charleston is liable or en,

titled; and they shall each be entitled to receive a salary of one hundred pounds sterling for their services, to be paid in equal quarterly payments,

And be it further enacted by the authority Attorney- aforesaid, That the said attorney-general in general Charleston shall have a right to call upon the them for said circuit solicitors, or any or either of them assistance. for, and to require their assistance and support

may call on

causes in

in behalf of the state, in any case where he may think it necessary or proper, or whenever sickress may prevent him from doing his duty. Provided always nevertheless, That nothing in this act contained shall be construed in such a manner as to prevent any or either of the said solicitors from appearing in behalf of or defending any person brought to trial before any criminal court of this state, when their duty shall not require them to prosecute such person, or when his or their assistance or service shall not be required against such person by the governor or attorney-general as aforesaid.

And whereas, during the existence of the former constitution, certain powers were given, by several acts and resolutions of the legislature, to the governor and council, which powers cannot be now exercised, by reason of the alteration in the executive authority of the state: For remedy whereof,

Be it enacted by the authority aforesaid, That Judges to the judges of the court of common pleas, or any determine one of them, in their respective districts, are or the court is hereby vested with the exercise of the said of caveats. powers, so far as the same shall extend to hearing and determining of causes in the court of Commis- caveats; which caveats shall be entered as here, sioners to tofore, and the commissioners for settling the public accounts shall be and are hereby vested with the exercise of the said powers, so far as

give up

bonds.

the same extended to the giving up of such bonds as have been deposited in the treasury for the purchase of property sold as public property, but which had been thereafter discovered to be the property of individuals.

to give or

take re

cial bail.

And be it further enacted by the authority aforesaid, That the judges of the county courts Who are in those districts where county courts are estab- authorized lished, and the justices of the quorum in those ders for districts where they are not established, and the bail, and clerks of the several district courts in their re- cognizan spective districts, shall be, and they are hereby ces of spe authorized and required to give orders for reasonable bail, on proper affidavits made, in such actions as may be commenced in any of the superior courts of law of this state, where bail may be proper, but not grantable of course; and such judges and justices shall and may also take recognizances of special bail, in legal form, in any causes in the said courts, and shall certify and transmit the same to the judges or clerks thereof.

Camden to

onal court

And be it further enacted by the authority aforesaid, That the clerk and sheriff of the dis- Clerks and trict of Camden, shall be, and they are hereby sheriffs of authorized and required to attend, by themselves attend the or deputies, at the meetings and sitting of the constituticourt directed by the constitution to be held at at ColumColumbia after the termination of the circuits, bia. and to perform the usual duties of their respective offices, and the said clerk shall take particular minutes of the proceedings of the said court, and keep record thereof; and he shall, in full compensation for his services at the said court, be entitled to and receive, out of the public treasury, the sum of twenty pounds per annum; and Their the said sheriff shall be entitled to and receive out com-enof the public treasury, in full compensation for his services, the sum of ten pounds per annum.

sation.