Page images
PDF
EPUB

defined that they might know the actual cxtent thereof:

Be it thercfore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the authority of the same, That where any debt rct Court of exceeding twenty pourds, is ccntiacted out cfw:i!; the city, or any damage (not effecting the rights Co of freehold) is committed out the limits theicof, ance of and the party contracting such cebt, or commit- debts.con.

tracted or ting such damage, is found within the city, that damages the court of wardens shall be and they are here- done out o

the city by invested with power and jurisdiction to take cognizance of the same, in as ample a manner as if the debt had been contracted or as if the damage had been done within the limits thereof.

And be it further enacted by the authority aforesaid, That the said court of wardens shail And may and may, and they are hereby authorized and grant com

"missions to empowered, on the application of any person or exaning persons interested in any suit c'epending in the witnesses. said court, to grant a commission to be directed to one or two commissioners, empowering them to examine and cross examine, on oath or solemn affirmation, the witnesses mentiored in the said commission, who reside without the limits of the city: And the testimony of the witnesses so examined shall be as valid as if the same were taken in open court. Provided, That the person or persons making such application, shall give to the plaintiff or defendant (as the case may be) six days notice of such application: And if any person mentioned as a witness in such commission, shall refuse to give testimony to the best of his or her knowledge, on oath or solemn affirmation, before the said commissioner or commissioners on being summoned, every person so refusing, if he shall reside and be in the election

district of the commissioner summoning him, at the time when summoned, shall be liable to a fine of twenty pounds, to be recovered by the party aggrieved, in any court of record within the state.

And whereas, advantages may arise by enforcing, in a summary manner, the performance of contracts on short credits, if the court of war, dens were invested with power to take cogniz. ance by separate processes, of all cases where several bonds, notes or other evidences of debt due by one debtor, are in, or come to the hands of the same creditor; and which bonds, notes, and other evidences of debt; amount in the whole to more than twenty pounds, though each separately is under that sum :

Beit iherefore enacted by the authority aforeHow to said, That where the same creditor is possessed

d of divers bonds, notes, and other evidences of where a ereditoris debt due from the same debtor, and which said possessed bonds, notes, and other evidences of debt amount of divers evidences in the whole to more than twenty pounds, though of debts, each separately is under that sum, it shall and due from

tor. may be lawful for the court of wardens, on ap

plication made by petition, to issue separate pro. cesses, and enter up separate judgments, and issue separate executions, on such of the said bonds, notes and other evidences of debt, as if each of them had been in distinct hands: Provi. ded each process, judgment and execution, shall not exceed twenty pounds; and provided all the demands which the same plaintiff appears to have against the same defendant, if they do not together exceed twenty pounds, shall be blend. ed in the same process to prevent splitting of actions.

And whereas, it has been doubted whether the counsellors, attornies, solicitors and clerks of the

one debto

[ocr errors]

superior courts, are amenable to the court of wardens in causes within their jurisdiction:

Be it therefore enacted and declared by the Counsel. authority aforesaid, That as in a free republic, lors, attor

nies, soli. the citizens ought to be entitled to equal liber-citors and ties and equal privileges, so no set of men are clerks, are exempt from the process of any court within the no

empt from limits of its jurisdiction, without such exempti- process, on is expressly granted by the constitution; any law, usage or custom to the contrary thereof in any wise notwithstanding. In the Senate House, the nineteenth day of

February, in the year of our Lord one thout-
sand seven hundred and ninety-one, and in
the fifteenth year of the Independence of the
United States of America.
DAVID RAMSAY,

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

Ån ACT to establish a county and county court

in the district of Kershaw. TITHEREAS the inhabitants of Kershaw

district, as by their petition to the legis: lature is set forth, have experienced many inconveniences by being annexed to Lancaster, Claremont, Fairfield and Richland counties, which renders it necessary to establish the same into à separate county, agreeable to the constitution :

Be it therefore enacted by the honorable the Kershaw Senate and House of Representatives, now met district to and sitting in general assembly, and by the autho- Kershaw rity of the same, That the said district shall be, county. and is hereby established as a county, to be called and known by the name of Kershaw

ries.

County, the lines and boundaries of which, till

they are altered by tlie legislature, shall be as Lines and follows, that is to say: beginning on the east bounda

side of the Watcree river üt Stark's ferry, from thence by a line running to the ford of the Hanging-Rock crcek; thence down Lick creek to Fiat creek; thence down Flat cieck to Big Lynch's creck; thence down Big Lynch's creck to Spivy's ferry or ford; thence to Carter's crossing place in Claremont county; thence down the fork to Swift and Rafiing creek; thence across the Waterce river to Spear's creek in Richland county ; thence up Spear's creek to the fork of Spear's and Raglin's creek; thence up Raglin's creek to John Dougherty's on the Twenty-five mile creek ; from thence in a direct line to the mouth of Colonel's creek, on the Wateree river; thence across the Wateree river to Stark's ferry at the beginning: which said county shall be entitled to county courts, to be Lolde on the twenty-eighth day of February, the sixteenth day of April, the seventeenth day of July, and the fifteenth day of November, in every year; and the said courts shall bold, exercise and enjoy the several powers, jurisdictions and authorities, as are by law vesicd in the county courts of this state.

And be it further enacted by the authority Commis. aforesaid, That John Simpson, Douglass Starke, sioners to Isham Moore, Philip Pearson, Thomas Ballard, run lines, and report Benjamia Waring and Samuel Boykin, be, and to the le. they are hereby appointed commissioners to gislature.

survey the lines between the counties of Kershaw and Lancaster, and the lines between the counties of Kershaw and Claremont; and to report to the legislature at their next meeting, a plat of the aforesaid three counties, with remarks on the population, situation, and other circum,

stances necessary to be taken into considera;
tion in forming the dividirg lines of the said
counties.
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.
DAVID RAMSAY,

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

An ACT for establishing certain Regulations in .

Georgetown. TITHEREAS the inhabitants of George

V town, Prince George parish, Winyaw, have long laboured under great inconveniences, for the want of some persons properly authoriz. ed to keep in repair the streets and causeways of the said town, and to prevent the illicit trafficking with negro slaves. And whereas, (by the cession from this state to the United States, of all right to collect tolls and duties upon shipping and merchandize entering into the ports of the state) the port of Georgetown has been de. prived of the funds, formerly appropriated by law to the purpose of kecping a pilot-boat and pilots for the said port:

Be it enacted by the honorable the Senate and CommisHouse of Representatives, now met and sitting sioners to

S be appointe in general assembly, and by the authority of the ed, and same, That commissioners of the streets, (to be rested

with cerappointed by the inhabitants of Georgetown,) tain shall have power to assess, according to the va- ers.

« PreviousContinue »