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where the courts are

to sit.

of the same, That the court of sessions and common pleas shall sit in the following districts re- When and spectively, at the times following, that is to say: for Fairfield district, on the first Monday in March and October in every year; for Newberry district, on the second Monday in March and October in every year; for Laurens district, on the third Monday in March and October in every year; for Edgefield district, on the fourth Monday in March and October in every year; for Barnwell district, on the Monday next afer the fourth Monday in March and October in every year; for Orangeburgh district, on the second Monday next after the fourth Monday in March and October in every year; for Richland district, on the third Monday next after the fourth Monday in March and October in every year; for Beaufort district, on the sixteenth days of April and November in every year. The courts of Colleton and Beaufort districts to sit no more than five days.

And be it further enacted by the authority aforesaid, That Richland county, according to its pre- Richland sent limits, shall constitute a distinct district, to be county a district, called Richland district, and a court shall be held and, with for the same at Columbin, to sit on the days herein Fairfield, before specified; and that Fairfield district and the souRichland district, shall be, and they are hereby de- thern circlared to be included in, and to form part of the cuit. southern circuit.

included

and for

And be it further enacted by the authority aforesaid, That the bonds of the sheriffs of the several Sheriff's to districts hereafter to be elected, shall be given re- give bond, spectively in the sums following, to wit: the bond what of the sheriff of Charleston district, in the sum of sums. thirty thousand dollars. The bond of the sheriff of Georgetown district, in the sum of fifteen theusand dollars. The bond of the sheriff of Colleton district, in the sum of eight thousand dollars. The bord of the sheriff of Beaufort district, in the sum of five thousand dollars. The bond of the sheriff

be approv

mission

ers.

of Sumter district, in the sum of twelve thousand dollars. And the bond of the sheriff of each and every other district in this state respectively, in the sum of seven thousand dollars.

And be it further enacted by the authority aforeTheir se- said, That the sherifs of the districts aforesaid recurities to spectively, shall give such security to be approved by com- ed of by commissioners, for that purpose to be appointed in the said several districts, by the legis lature, in manner and form as in and by the act of the general assembly of this state, entitled, "An act concerning the office of sheriff,” passed at Columbia on the twelfth day of December, in the year of our lord one thousand seven hundred and ninety-five, is required and directed.

arc to sit.

And be it further enacted by the authority aforeHow long said, That each of the courts, (by the act hereby the courts to be amended,) established, (except the court of Charleston district, which shall sit the time by the said act prescribed,) shall sit and adjourn from day to day, not exceeding six days, till the business thereof be dispatched, if all the business can be done in that time; but if not, what remains unfinished, shall be continued or adjourned over to the next court; except also the courts of Colleton and Beaufort districts, which shall respectively, in like manner, sit five days, and not longer; any thing in the aforesaid act to the contrary in any wise notwithstanding.

from the

tax-returns.

And be it further enacted by the authority aforeJury lists said, That at the first holding of the said several to be made district courts established by the act hereby to be amended, and once at least, in every three years thereafter, it shall and may be lawful for one or more of the associate judges of this state for the time being, and they are hereby directed and required to cause new jury lists to be made from the tax-returns of such districts for the preceding year; which tax-returns the sheriff of each district shall procure from the tax-collector thereof, who is

hereby required, without delay, to deliver the same to such silcriff; and the judge or judges attending at such court, shall cause to be therefrom transcribed, the names of such persons, who are entitled by the constitution of this state to vote for members of the state legillature, and shall put their names, in the manner prescribed by law, in the division of the jury box numbered one.

And be it further enacted by the authority aforesaid, That one or more of the associate judges Juries to aforesaid, during every time of holding of each of be drawn. the said several and respective district courts, shall cause to be drawn in the manner prescribed by law, the names of twenty-four persons to serve as grand jurors, and also the names of forty-eight persons to serve as petit jurors and common pleas jurors, out of the division of the jury box of such courts numbered one, to serve as grand, petit and common pleas jurors, at the next succeeding court for such district; and the said grand, petit and common plea jurors, shall be summoned and empannelled in like manner as grand, petit and common plea jurors row are.

to

non-atten

And be it further enacted by the authority aforesaid, That a juror who shall be legally summoned Jurors to appear and serve at any of the courts established be fined for by the act hereby to be amended, and shall neglect dance. or refuse so to do, shall forfeit and pay a sum not excceding twenty dollars, and seven per cent. upon his general state tax for the year preceding; unless such person shall shew good and sufficient cause of excuse, upon oath, to any of the said judges at the next sitting of the court after the sitting to which such person shall have been summoned to serve as aforesaid; to be recovered and applied, in the same way and manner that fines for non-attendance of jurors are by law recovered and applied.

And be it further enacted by the authority afore- County. said, That the several and respective county courts courts abo now established and held in this state, shail, from

lished.

and after the first day of January next, be, and the same are hereby for ever abolished.

And be it further enacted by the authority aforeA clause said, That so much of the said act hereby to be repealed. amended, as requires the suits, appeals and indictments which shall be depending in the courts of Charleston district on the first day of January next, to be continued in the district of Charleston established by the said act, be, and the same is hereby repealed.

If court

days hapSunday.

pen on

on stated

ned.

And be it further enacted by the authority aforesaid, That in the day appointed by law for the holding and sitting of either of the district courts of this state, shall happen to be on Surday, then such court shall be holden and sit on the day followin

And be it further enacted by the authority aforeJudge not said, That if one or more of the associate judges attending aforesaid, shall not attend and hold each of the district courts in this state on the day by law prescribed day, the court shall for the holding and sitting of such court, the clerk be adjour- thereof, or his lat ful dupy, shall open and adjourn such court from day to day, until one or more of the said judges shall attend and hold the same, or, until the last day appointed for the holding thereof, on which said last day, the clerk, or in his absence his deputy aforesaid; and in case of the absence of both, the sheriff or his deputy, shall adjourn the same unto the next court, to which time all actions depending in the said court shall be continued and have day.

The gov

And be it further enacted by the authority aforesaid, That the governor shall appoint as clerks, ernorshall such persons as shall be recommended by a majority of the members of the legislature representclerks. ing the several districts thoughout the state, wher

appoint

ever the said office shell become vacant in said districts respectively, to be commissioned during good behaviour; and every such clerk shall, before he be commissioned as aforesaid, give bond in the sum of eight thousand dollars, with not less

than two, or more than ten securities, to be ap proved of by commissioners to be for that purpose appointed by the legislature, payable to the treasurers of the state for the time being, and their successors in office, and shall deposit the said bond in the office of one of the treasurers aforesaid. And in case of any vacancy in the office of clerk in any of the said districts respectively, and no candidate can obtain the recommendation of a majority of the representatives as aforesaid, or their neglect to recommend a candidate for such vacant office, that the governor for the time being, be, and he is hereby authorized to appoint and commission as aforesaid, at his pleasure, any fit and proper person to such vacancy.

And be it further enacted by the authority aforesaid, That it shall be lawful for any person or per- Bond to sons, body politic and corporate, to sue such bond be sued. for any breach of the condition thereof; and the said treasurers for the time being, or either of them, shall, on application to him or them for that purpose made, deliver a copy of such bond by him or them certified, which copy so certified shall be sufficient evidence to such bond in any of the courts of this state.

And be it further enacted by the authority afore- concern said, That so much of the said act hereby to be ing fees amended as concerns the fees of attornies, be, and repealed. the same is hereby repealed.

And be it further enacted by the authority aforesaid, That the court-houses and gaols for the dis- Courttricts hereinafter named, that is to say: For houses and gaols Colleton district, in the village of Jacksonborough; to be built. for Marion district, at or near the plantation of Thomas Godbolt, senior, (but until the courthouse shall be built, the court for Marion district shall be held and sit at the house of Thomas Godbolt, junior;) for Barnwell district, at or near the plantation of John O'Bannion; and for Sumter district, at or near the plantation of John Gale, and until a court-house shall be built, the court of the

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