county

on with

those of circuit

courts.

days of April and September; for the counties of Greenville, York and Mariborough, on the first Mondays of May and October; for the counties of Laurens, Lancaster and Chester. field, on the second Mondays of May and Oc. tober; for the counties of New berry, Kershaw and Darlington, on the third Mondays of May and October; for the counties of Claremont and Edgefield, on the first Mondays of June and November; and for the coumies of Clarendon and Abbeville, on the second Mondays of June and November.

And be it further enacted by the authority Grand ju aforesaid, That the grand juries in each of the ries in the said counties shall have equal and concurrent court to jurisdiction, in all cases whatsoever arising in have equal their respective counties, with the grand juries jurisdicti in the circuit courts; and where a bill of indictment shall be found by the grand jury in the county court, on any charge of a higher nature than the county court had cognizance of before the passing of this act, the person indicted shall be referred for trial to the next court of sessions to be held for the circuit court district in which the offence is said to have been committed; and the indictment and proceedings thereon shall be removed to the said court; and the judges of the said county court shall bind over all witnesses, either in behalf of the state or the party accused, to appear at the district court and give testimony at the time of trial; but if the bill of indictment shall not be found, the person accused shall be enti led to his release, and the county attorney shall be entitled to such fecs for preparing such indictment as are taken by the attorney-general on indictments found in the court of sessions of any district.

And be it further enacted by the authority

oti er

pound.

foresaid, That in each and every county where No suit to county courts are established, no suit shall be be brought by process brought by any writ or process, returnable to returnable any other court of law in this state, for any sum to any or money less than fifty pounds sterling, que o court for any judgment, bill, Lond, note, or account ii- less than quidated, and sigued by the hand writing of the fifty defendant, nor on any open account for any sum less than twenty pounds sterling; and if any such suit or suits shall be brought co..trary to the true intent and meaning of this act, or to evade the operation of this act, the same shall, on its appearing to the court, on motion of the defendant, or his attorney, be dismissed at the plaintiff's costs: Provided always nevertheless, That nothing in this act contained shall be construed to extend to prevent any person or fersons from bringing his, her or their suit, action or actions, in any of the cases aforesaid, in the circuit or district court, en any debt, duty, contract, note or account, made or entered into Lefore the passing o. this act.

shall be

And be it further enacted by the authority In what aforesaid, That an appeal shall be granted in an cases an cases where the judgment of the said court shall appeal excced the sum of ten pounds, on the party ap- granted. plying for the same entering into Lond, with sufficient security, to prosecute the s me with effect, agreeable to the terms required by the act, entitled, "An act for establishing county courts, and for regul.ting proceedings therein," passed the seventeenth day of March, in the year of our Lord one thousand seven Lundred and eighty-five; any law, usage, or custom, to the contrary in any wise notwithstanding.

And be it further enacted by the authority Rule for aforesaid, That in every cause the plaintiff shal, fling defile his declaration on the first day of the court,

claration.

pointed as hereto

which, if he fail to do, the defendant or his attors ney may serve the plaintiff or his attorney personally, if present, or otherwise by posting at the door of the court-house, a rule to file his declaration, which, if he fails to do within two days, on motion of the defendant he shall be nonprossed.

And be it further enccted by the authority Clerk and aforesaid, That the clerk and the sheriff, in each sheriff ap- of the respective counties, shall be appointed, commissioned and qualified, in the same manncr as has been heretofore used in the county courts; but the sheriff shall continue in office for four years.

fore.

County

court to

And be it further enacted by the authority aforesaid, That it shall and may be lav. ful for the said courts to grant licences for retailing of grant ta spirituous liquors, or keeping of taverns, at a y court which may be held in each year, any law, usage or custom to the contrary notwithstanding.

vern licen

ces.

proceed

And be it further enacted by the authority aforesaid, Tint when any person or persons Court may shall be injured or aggrieved by the negligence, summari- mal-practice or mal-conduct in office of any ly on com- clerk or sheriff of the county court, such person plaint aor persons may move the court against such sheriff or clerk, giving a notice of two days of such intended mction to such clerk or sheriff of such application, and of the grounds thereof in writing, whereupon the court shall forthwith give such order of judgment thereon as to justice doth belong.

gainst clerk or sheriff.

And be it further enacted by the authority Justices of aforesaid, That justices of the peace in cach the peace county shall be appointed as heretofore, not exTheir ju- ceeding nine in number, and who shall continue risdiction. in office for the space of four years, whose duty

appointed.

it shall be to hear and determine all causes, mat ters and controversies, to which by law they have heretofore been made competent; they shall hear and determine all actions for debt, liquidated by bond, note or other writing, signed Ly the hand of the defendant, as far as five pounds, and all actions on open accounts as far as three pounds sterling; and when the judgment of any justice of the peace in this state shall be for any sum less than ten shillings, such justice shall not take or receive any fee or fees of office, or costs of suit, on such judgment. And that all suits in such parts of the state where county courts are established for the recovery of debts, not amounting to more than the sums aforesaid, shall exclusively be brought before a justice of the peace as aforesaid; but if either of the par- Appeal ties shall conceive him, her or themselves injured from judg or aggrieved by the judgment, decree or sen- ment of justice of tence of any justice of the peace, where the debt peacer or demand is for any sum above twenty shillings, such person or persons may pray an appeal to the first court which shall be held for the said county, and which appeal shall be granted to such person or persons, on giving sufficient security to prosecute such appeal to effect, or on failure thereof, to satisfy the costs and condemnation of the county court. And the said county court shall hear and determine said appeal; but no appeal shall be tried, unless two of the county court judges or justices at the least, are presiding.

of county

And be it further enacted by the authority Powers of aforesaid, That the judges of the county courts the judges shall have all the powers and authoritics vestec courts. in the justices of the county courts by an act, entitled, "An act for laying off the several counties therein mentioned, and appointing commis. sioners to erect public buildings."

G

And whereas, great mischiefs have arisen to the inhabitants of this state, from the power vested in justices of the peace to try causes which sound in damages:

Be it therefore enacted, That no action of No juris- trespass, trover, detinue, slander or trespass, diction in assault and battery, or other action arising mereed to jus- ly from tort, and not from contract, shall heretices of the after be cognizable by any justice of peace in

tort allow

peace.

This act

not to af fect for

mer regu.

lations.

adminis

oaths to

this state.

And be it further enacted by the authority aforesaid, That this act shall not be construed to repeal any clause or clauses in the act for establishing county courts and regulating the proceedings therein, nor any of the subsequent acts of the general assembly for altering or amending the same, unless such clause or clauses shall be repugnant to, or inconsistent with, any clause or clauses of this act.

And be it further enacted by the authority Mode of aforesaid, That it shall and may be lawful for tering the any judge of the county court, who shall have taken the oaths prescribed by the constitution judges and and this act, to administer the oaths of office to justices. the other judges of the court and justices of the peace in the county in which he is a judge, and a record shall be made in the acts of court of the due administration of the said oaths under this act.

county

And be it further enacted by the authority Judges of aforesaid, That it shall and may be lawful for courts to any one judge of the county courts to try all try all sum- summary process, any thing in this act containmary pro- ed to the contrary thereof in any wise notwithstanding.

cess.

And be it further enacted by the authority Judges to aforesaid, That it shall and may be lawful for courts as the judges of the county courts to hold the

hold the