of the courts hereby established.

civil within the Cheraws district, which shall be bounded by the state boundary and the line dividing St. Mark's and Prince Frederick's parishes, continued till it intersects the northern state line, and by Lynch's creek, and a line drawn from the head of that creek upon a course north 30 degrees west, until it intersects the state line. The said courts at Camden, of all pleas, criminal and civil, within Camden district, which shall include the counties of Lancaster, Kershaw, Claremont, Clarendon, Richland and Fairfield. The said courts in the district of Pinckney, of all pleas, 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 cast-side of the Catawba river, and on the south-east side of Sugar creek, 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 Newbery. The said courts in Washington district, of all pleas, criminal and civil, within the district of Washington, which shall include the counties of Pendicton and Greenville.

And be it further enacted by the authority Who shall aforesaid, That the chief justice and associate be judges judges of this state for the time being, chosen by the legislature, and in case of the sickness or absence of any of them, any person for that time 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

rules and

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 male such just and reasonable ruies and orders may make for the more regular and convenient conducting orders. and effectual 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 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 he shall adjourn the same until the next court, to which time all actions then depending shall stand over.

adjourn

signed and

And be it further enacted by the authority Judicial aforesaid, That all judicial process (executions process, 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, 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 in different districts, it shall be at the option of fendants the plaintiff to try his cause in the district where reside in any one of the defendants shall reside, be arrest- districts. ed or taken. But all executions shall be issued Executifrom the court of the district in which verdict ons, how or judgment shall be obtained, and shall be tested, 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

where de

different

to be issu

Return

days fixed.

and execu

to the

court sits.

by the clerk thereof, 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 further enacted by the authority aforesaid, That all writs or mesne process and 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 Tucsday in March, and third Tuesday in All writs August. And all writs and executions that tions made shall be issued by or from the courts in the other returnable districts, shail be made returnable to the clerk clerk, thir. thereof, thirty days next before the sitting of the ty days be- court to which they are returnable; and the shefore the riffs shall make certain return thereof on the respective days hereby directed, to the said clerks, whose duty it shall be safely to deliver them to the plaintiff's attornics in the several suits so Plaintiff commenced and prosecuted. And the plaintiff his decla- shall, on the return of such writs, proceed to file 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 defendant, if he puts in an ap his plea. pearance as aforesaid, shall and may put in his 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.

shall file

ration.

to put in

the expira

And be it further enacted by the authority Sheriff, at aforesaid, That the sheriff of each of the said distion of his tricts shall be obliged, at the expiration of his fice, to office, to turn over to the succeeding sheriff, all

ed writs,

such writs and processes as shall remain in his turn over hands unexecuted in the manner prescribed by to sucthe "act for establishing courts, building gaols, sheriff, all ceeding and appointing sheriffs and other officers, for the unexecut more convenient administration of justice in this and unsa(then province,") passed the twenty-ninth day tished exeof 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.

or other

And be it further enacted by the authority No sherifi, aforesaid, That no sheriff of any district, or coun- officer, ty 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 respectivy, by virtue of or in obedience to any process, execution, order of court, or law: and if any such officer shall 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 utterly void and of no effect.

And to prevent unnecessary delays, and pri vate sales to the prejudice of honest debtors and creditors,

Be it further enacted by the authority afore- When and said, That no district sheriff shall sell any pro- where disperty 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 perty. 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

How and

where

sheriffs

tised.

every district as the judges of the court of common pleas shail appoint, and at no other time or place whatsoever: And all notices of sale by the sheriff of Charleston district, shall be pubsales shall lished three times in the state gazette, or any be adver- other gazette, and at three notorious public places 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.

Sheriffs

executions.

And be it further enacted by the authority aforesaid, That each of the said sheriffs shall be to return bound to make return of the executions lodged within ten in his office, on outh, within ten days after the days after return day, with a fall and particular account of return day, the levies or sales by Lim made, and of the money in his hands.

And be it further enacted by the authority Fees to be aforesaid, That at whatever stage any suit may taved, and cease or determine, the attornies, clerks and issued on sheriffs, shall have their fees taxed, and on nonnon-pay payment thereof, cxecution may be issued

executions

ment.

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 collecting such fces, shall be allowed a commission of two and one half per cent. to be paid by such defaulter.

And be it further enacted by the authority Commis- aforesaid, That colonel Edward Lacey, colonel sioners ap- William Farr, James Martin, colonci William pointed to contract Bratton, Baylis Earle, esquire, and William for build Smith, esquire, for Pinckney district; and geing gaols and court neral Andrew Pickens, colond Robert Anderson, captain Robert Maxwell, and Mr. John Bowen, Mr. James Harrison, major John Ford,

houses.