Page images

not to ex

and John Hallurn, for Washington district, shall be and the same are hereby nominated and appointed commissioners to agree for and superintend the building cf gaols and court-louses in their respective districts, and for the purchase of land in such places for the immcdiate crection of the said buildings, as the majority of the respective commissioners shall see most fit and convenient in each district. And that provision for building the said gaols and court-houses, and for the purchase of land necessary for the erection thereof, shall be provided by a general tax.

And be it further enacted by the aui hority This act oforesaid, That this act shall not extend to any not

y tend to acactions which shall be commenced before the tions comeighteenth day of November next; but all such menced

before the actions and suits may be proceeded in and deter-18u. No. mined in the same manner as if this act had been vember rever passed.

And for the speedy determination of the causes now depending in the district of Ninety-Six according to its former boundaries:

Be it further enacted by the authority aforesaid, TwojudThat two of the judges of the superior courts of ges to at

tend at law shall be and are hereby authorized and direct- Camed to attend at Cambridge in the months of April bridge fifand November, at the times fixed for holding the to dispatch

teen days, courts in the said district, and shall hold the said causes. courts of sessions and common pleas at the same time; one of whom shall preside in the court of general sessions, and the other in the court of common pleas, and the judge holding the court of common pleas, shall, and he is hereby directed, to continue trying the causes at issue and on the docket, day by day, during each of the said terms, for the space of fifteen days, if the business then at issue and ready for trial shall require so long time for the dispatch thereof.


And be it further enacted by the authority Sheriffs aforesaid, That sheriffs and clerks shall be apo and clerks pointed immediately after the passing of this act to be ap. pointed for (in the manner they are appointed for the other the new districts) for the new districts hereby formed;

b. and they shall perform all the duties, be liable ject to the to all the penalties, and enjoy all the emoluments same pe , to which the sheriffs and clerks of the other dis. Dalties and enjoy the tricts are liable or entitled; and they shall im. same emo- mediately enter upon the execution of their re. luments as other spective offices, so fir as may be consistent with clerks and this act, and the sheriffs of the said districts shall sherifls.

also form jury lists, agreeably to law, from the last tax returns for their respective districts, and shall lay the same before the judges who shall attend and hold the court at Cambridge in No. vember next, who shall cause juries to be drau'n in the manner prescribed by law; and the she. riffs of the respective districts shall summon the persons whose names are so drawn, to attend at the places where the courts shall be held in the said districts, in the month of April, one thou. sand seven hundred and ninety-two; and such jurors shall be liable to the same penalties for

non-attendance as jurors now by law are sub. judges to jected to. And the judges of the court of ses. hold

in sions and common pleus shall proceed to hold the new the courts within the new districts of Pinckney districts of and Washington on the first day of April and Pinckney and Wash. November, one thousand seven hundred and ington. ninety-two, in Pinckney district; and on the

tenth of April and November, one thousand se. ven hundred and ninety-two, in Washington dis.

trict; and on the days herein fixed in each suc. Persons ceeding year. And the said courts shall be courts attending of record; and all persons necessarily going to privileged es usual." and attending on, or returning from the same,

shall be freed from arrest in any civil action.


on persons as

And be it further enacted by the authority foresaid, That when a prisoner shall be dis- When a charged, by reason of the non-attendance of the prisoneris

disch.rgprosecutor, or on account of a bill presented ed he sliai against him being rejected by the grand jury, or not be

I bound to by reason of an acquittal by the petit jury, such pay fecs prisoner shall not be bound or liable to pay any charges which may have been incurred in his or her apprehension, detention or prosecution; but the same shall be paid cut of the fines and forfei. tures received by the proper officers of the court.

And be it further enacted by the authority Judges of aforesaid, That whenever the judges vi ho pre-courts

common side in the court of common pleas in Charles- pleas in ton, are about to draw jurors, to be summoned Charles

ton, to for the next succeeding court, they shall draw drix or cause to be drawn in the manner prescribed twenty by the jury law of this state, the names of twenty persons, in addition to those heretofore drawn, jurors, so to serve in the court of common pleas; and tiens

two juies. persons so drawn shall be summoned to attend in the usual manner, and shall be entitlcd to all the privileges and benefits, and subjected to all the penalties of other jurors; and out of the whole numbers drawn and summoned, two ju ies shall always be fornied, whose duty it shall be well and truly to try all the issues with which they may be charged, and execute all the writs of enquiry which may be delivered to them respectively. In the Senate House, the nineteenth day of

February, in the year of our Lord one thou-
sand seven hundred and ninety-one, and in
the fifteenth year of the independence of the
United States of America.

President of the Senate.
Speaker of the House of Representatives,


An ACT to amend the several acts for estab.

lisning County Courts, and for regulating anal amending the proccedings therein, and for suspenting the County Courts in the districts of Orangeburgh and Beaufort, anul ascertaining the cluties of Justices of the Peace throughout

the State. TTTHEREAS experience has proved that

VV the present mode of trans cting business in the county courts is un vorable to the equal, impartial and steady administration of justice:

Be it therefore enacted by the lionorable the Scrate and House of Representatives, now met

and sitting in General Assembly, and by the auCounty thority of the same, That county courts be and courts, are herebt established, and shall be held in the establish

countics of Edgefield, Ablxrille, Pendleton, Greenville, Laurens, Nev berry, Spartan, Union, York, Chestur, Faifich, Richland, Lan.. caster, Kershaw, Clarcinont, Clarendon, Marlborough, Chesterfick and Darlington, on the days herein after appointed for each county respectively; (und county courts shall be held at no other time or place;) and the county courts hereby established shall be held and administered by three judges or justices of the county courts, to the trial of small and mean causes, and who shall be elected by a joint monination of the Senate and House of Representatives, and be qualified as is directed in an act, entitled, " An act for establishing county courts, and for regulating the proccedings therein; and if any vacancy shall happen by death, resignation, removal or otherwise, the governor, or commander in chief for the time being, shall nominate and appoint other fit and proper person or persons to fill such vacancy, until the next meet

ing and sitting of the legislature, when such appointment shall be annulled or confirmed; any two of whom shall have full power and authority to hear and determine all causes, matters and controversies referred by law to their juris. diction.

And be it further enacted by the authority How often aforesaid, That the judges of the county courts the said

courts are shall, at the several times and places appointed to be held, by law, hold in their respective counties, courts and how twice in each year for the trial of all causes, matters and things, by law referred to their jurisdiction; which courts shall continue open and sit ten days, exclusive of Sundays, at each term, unless the business thereof be sooner finished; and shall hear and determine all causes, matters and controversies appertaining, or in any way belonging to their jurisdiction; and that there Two intershall be two intermediate courts held in cach mediate county by one or more of the said judges, the oth business of which courts shall be confined to the poses. granting of tavern licences, appointing commissioners and overseers of roads and bridges, business relating to the poor of the county, and to the exercise of any other powers vested in them by law, the regulation of the police of their respective counties, when a judicial decision between individuals is not required or necessary; and that each of the said courts shall be held four days at each term, unless the business shall sooner be finished; and that the courts be held for the respective counties herein mentioned, on the following days, to vit, for Court the counties of Union and Richland, on the first days

fixed. Mondays of April and September; for the counties of Spartan and Fairfield, the second Mondays of April and September; for the countics of Pendleton and Chester, on the third Mon

[ocr errors]
« PreviousContinue »