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civil or criminal, except as hereinafter declared; but shall continue to be held and sit for the dispatch of all such other matters as are now within their jurisdiction, four times in each year, at the times and places now appointed by law for holding the said county courts respectively, and shall keep, as heretofore, a record of all mesne conveyances of lands within their respective counties; and that all suits and indictmenis which shall or may be depending in the said county courts, on the first day of January, one thousand eight hundred, shall be transferred to the district courts of common pleas and sessions hereby established for each of the said counties respectively; which said courts of common pleas and sessions, are hereby authorized and required, to proceed in all such suits and indictments, to judgment, sentence and execution, in the same manner as in suits and indictments, commenced in any of the said last mentioned courts, under and by virtue of this act.
Ind be it further enacted by the authority aforesaid, Tlat from and afier the first day of January, Former in the year of our Lord one thousand eight hun- courts of dred, the several courts of general sessions of the con mon peace, oyer and terminer, assize and general gaol sessions delivery, and of common pleas, now established
and l'usi. and held in this state, shall be, and the same are ness trans. hereby for ever abolished; and that all sụits, ap
ferred. peals and indictments, then depending in any of the said courts, (except the court of Charleston district, in which the business already commenced, shall be continued in the district of Charleston, established by this act,) shall be transferred in manner following, that is to say: when any di: trict shall contain two or more of the districts established by this act, , the suits, appeals and indictments, depending in the respective superior courts of law of such district, shall be transferred to that new district established by this act, within such district, wherein the defendant or appellee resides;
and where there are two or more defendants or ap-
And be it further enacted by the authority aforeClerks of said, That the several Clerks of the courts required the courts, by this act, shall be recommended by the judges how to be appointed. of the county courts, resident in such districts
where county courts are established, to his excellency the governor, who shall appoint and commission the persons so recommended; and that the several clerks of the courts required by this act, where no county courts have been heretofore held, shall be recommended by a majority of the justices of the peace in such districts, to his excellency the governor, who shall commission and appoint the clerks so recommended ; and a sheriff shall be appointed for each of the said districts, who shall be elected by a joint ballot of both branches cf the le. gislature, and commissioned by the governor or commander in chief for the time being, according to the constitution of this state ; which sheriffs and clerks shall perform, respectively, in the districts and courts whereof they shall be appointed or cho. sen, all the duties, and shall receive therefor the same fees and emoluments, and shall be subject to the same rules, regulations and restrictions now established by law for and concerning the clerks
and sheriffs of the several circuit and district courts in this state.
And whereas, it is in the contemplation of the legislature of this state, to establish an uniform system of judicature throughout this state, and that the laws should be administered by one and the same judges throughout the state:
Be it therefore enacted by the authority aforesaid, That from and after the first day of January, Court of one thousand eight hundred, the sixth and seventh wardens
abolished. clauses of an act, entitled, “ An act to explain and amend an act, entitled, "An act to incorporate Charleston, and to enlarge the powers of the city council,' passed the twenty-sixth day of March, one thousand seven hundred and eighty-four,” be, and the same is hereby repealed.
And be it further enacted by the authority aforesaid, That from and after the commencement of the operation of this act, the attornies fees in the fces redurespective courts, shall not exceed the present fees had by law, upon the proceedings by petition and summons, in the present circuit courts, in all cases whatsoever, wherein the county courts have hitherto had exclusive jurisdiction, and in other cases the usual fees allowed by law.
And be it further enacted by the authority aforesaid, That two judges, in addition to those alrea- Two juddy on the bench, shall be elected for the courts of ges added
to the presessions and common pleas throughout this state, sent num who shall be commissioned in the same manner, ber. shall perform the same services, and be entitled to the same salary, with the present judges of the courts of sessions and common picas.
And be it further enacted by the authority aforesaid, That an act of the general assembly of this
Repealing state, entitled, “ An act for establishing the salary clause, as for the governor of this state, and the salaries of to judges
and chief other public officers, and for other purposes therein justice. mentioned,” be, and the same is hereby repcaled, so far as relates to the judges of the courts of ses
sions and common pleas, and the appointment of a chief justice.
And be it further enacted by the authority aforeColleton suid, That until a court-house can be erected in a court to be central and convenient position, in and for the disJackson- trict of Colieton, the courts for that district be held borough. at Jacksonborough; and that the prisoners to be
confined for trial within the said district, be sent to and confined in the gaols of Charleston or Beaufort districts.
And be it further enacted by the authority aforeCommis- said, That Paul Hamilton, William Boone Mitsioners to chell, Benjamin Perry, colonci John Glaze, Willitral places am Posteil, Benjamin Postcll, William Jones, for Colle- James P. Applebury and Joseph Koger, be, and ton, Sum
Mavi. are hereby appointed commissioners to fix upon a on and convenient and central situation, whereon to estab
ell ih a court-house and gaol for the said district court hou- of Colleton, and to contract for the building of
the same: And that James Davis, William Taylor, Tnomis Sumter, junior, Hubert Rees, George Cooper, John Cassels and John Witherspoon, jun. shall be, and they are hereby appointed cominissioners to ascertain and fix upon the most central place for the erection of a court. house and gaol in the district of Sumter; and they are hereby directed to advertise for undertakers of the said buildings, and report the terms to the next sitting of the legislature: And that until the said court-house and gaol shall be in sufficient condition for the sitting of the court, the said commissi. oners shall fix upon a proper place for the sitting of the same: And also, that colonel John M'Ree, Dr. Thomas Wickham, John Ford, John Orr, Be gjamin Harrellson, James Crawford, Thomas Hirky and Dr. James M’Ree, be, and are hereby appointed commissioners for the purpose of fixing on a convenient and central situation, whereon to establish and build a court-louse and gaol for the district of Marion, and to superintend the building
of the same: And that Aaron Suaith, Isaac Bush, Elijah Ford, Jesse Winburn and Tarleton Brown, be, and they are hereby appointed commissioners for the purpose of fixing on a convenient and contral situation, wherčon to establish and build a court-house and gaol for Barnwell district, and to superintend the building of the same: And that in case of the death, or refusal to act, of any of the said commissioners, that the governor of the state for the time being, shall be, and he is hereby required to appoint a proper persoa cr persons, to act as commissioners as aforesaid, in the place or stead of those so dying or refusing to act.
And be it further enucted by the authority aforesaid, That the several clerks and sheriffs of the coun- Present ty courts throughout this state, shall continue to clerks and
sheriffs of act as heretofore, and to discharge the several and
county respective duties of clerk and sheriff in each of their couts conrespective counties hereby establishıcd as districts, others are until the end of the first day of January, in the year clected. of our Lord one thousand eight hundred; or until clerks and sheriffs for the said districts establislıçd by this act, shall be appointed, elected and commissioned, as by this act is directed.
And be it further enacted by the authority aforesaid, That all acts, laws and parts of acts, that are General contrary to this act, or repugnant to the true in- repealing
clause. tent and meaning thereof, shall Le, and the same are hereby repealed, from and after the first day of January, in the year oi our Lord one thousand eight hundred. In the Senate House, the twenty-first Day of December,
in the Year of our Lord one thousand seven hundred
JOHN WARD, President of the Senate.
the House of Representatives.
END of the ACTS of DECEMBER, 1798.