A, D. 1722.

Method of practising to be observed in the county courts.

Acts relating to Courts.

to negotiate their business; Be it therefore enacted by the authority aforesaid, That if the defendant's habitation or usual place of abode be in Colleton or Granville county, or within the precincts mentioned in the said recited Act, at the time of commencing the suit for all debts contracted since the ratification of an Act entitled "An Act for establishing county and precinct courts," notwithstanding his being arrested in Charles city and port, the venire shall be laid, and the cause tried and determined, at the courts established in Colleton and Granville counties, and the precincts of Wassamsaw, Echaw and Wando respectively, where the defendant lives, or hath been cominorant for above one month then last past, and thall not be tried, heard or determined in any of the courts of Charles city, or other place whatsoever, excepting for a sum exceeding one hundred pounds sterling, or in case of appeal, or for a criminal matter extending to life or limb, as in the said recited Act is excepted, or except such person have set up his name to go off this Province; and if the defendant shall be arrested in Charles city and port, the issue, whether of law or fact, shall be fitted up by the plaintiff's or defendant's attorney, and be transmitted, under the seal of the chief justice, to the judges of the county and precinct courts, to be tried in that jurisdiction where the defendant lives, and shall not be tried in Charles city and port.

IV. And whereas, the appointment of the county and precinct courts to be held half-yearly, will occasion an alteration in the practice settled by the said Act for establishing the said county and precinct courts; Be it therefore enacted by the authority aforesaid, That for the court of pleas, the first writ or process shall be by summons or capias, to be signed by one of the justices, and signed and scaled by the clerk, which shall contain the substance of the declaration, or have the declaration thereunto annexed, and shall be served on the defendant forty days before the sitting of the then next court, with notice endorsed thereon by the plaintiff, or his attorney, that if the defendant has any defence to make, he do plead in twenty days after service of the said writ or writs and declaration, and that he must file his plea with the clerk of the court, at the next sitting of the court, and in the mean time serve a duplicate or copy of the same on the plaintiff or his attorney, in twenty days exclusive after he receives the writ or writs and declaration, or judgment will be entered up against him, by default, and the justices shall cause judgment to be entered up by default accordingly; and if the plea be special, the plaintiff or his attorney may demur or reply forthwith, and serve the defendant or his attorney with a copy of the same, and notice to join in demurer, or rejoin or take notice of trial, as the cause may require; and the cause shall be tried or argued of course without further notice, at the then next court whence the action issued, so that such notice of trial or to argue the demurrer, be served on the defendant, or left at his house with some white person, or served on the defendant's attorney at law; and if there be a demurrer for form, to the declaration, plea or replication, or plea in abatement for variance, the plaintiff or defendant shall amend in course, paying forty shillings costs; and if the plaintiff neglect to bring on his cause to trial the first court, the cause shall be tried in course the next following, the defendant or his attorney giving notice thereof to the plaintiff or his attorney, in writing; and if there be a joinder in demurrer for form, and the demurrer be over-ruled, the defendant shall plead instanter, and the cause come on to trial the same court; and the said county or precinct courts shall establish such further rules for practice, not repugnant hereto, as may seem reasonable for the better dispatch of business.

Acts relating to Courts.

mar

V. And be it further enacted by the authority aforesaid, That the same jurors which serve as petit jurors, shall serve as jurors for the common pleas in the said county and precinct courts, and the tales-jurors shall be always taken out of the standers-by; and the judges, coroners, shals and constables of the county and precinct courts, or any of them, shall not be obliged to attend at the general court of sessions, or any other courts hereafter to be holden in Charles city; any law, usage or custom to the contrary in any wise notwithstanding.

A. D. 1722.

Jurors.

Justices to ap

VI. And be it further enacted by the authority aforesaid, That the judges or justices for every county or precinct court in this Province, shall have power, and they are hereby impowered, to appoint coroners for each point coroners. county or precinct court of which they are judges or justices, whose power shall not extend without the limits of their respective jurisdictions; provided nevertheless, that every such person so to be appointed coroner for any of the said precinct courts, or county courts, shall first be recommended to the Governor and Council for the time being, in order to have the approbation and commission of the Governor for the time being, to enable such coroner to act in his said office; and the said judges of all and every the said county and precinct courts, shall not put out or displace any coroner, without the consent and approbation of the Governor and Council first obtained; and the coroner of Berkley county, after such coroners are established, shall not act in any place where the others are appointed and have jurisdiction.

VII. And be it further enacted by the authority aforesaid, That the justices of the said county and precinct courts, shall have power to appoint And constaconstables within the limits of their jurisdictions respectively, either in bles. court or without, as occasion may require, and the same to displace and supercede, and appoint others in their room, as oft as need shall be; and the said justices shall have the same power of fining the said coroners and constables, as also the marshals of the said courts, for breaches or neglects of their duty, as the courts of Westminster, in Great Britain.

VIII. And whereas, it may so happen, through sickness or other accident, that there cannot be a quorum of the justices to adjourn the said county or precinct courts; Be it therefore enacted by the authority aforesaid, That if any one or two of the said justices waiting till past the hour of twelve, on the first day of each court respectively, and the other justices not being able to come, through sickness or other accident as aforesaid, shall have power to adjourn the said courts to the next day, or to the next time appointed by the Act for holding thereof: and all causes shall be continued of course, from time to time, without entering the continuance thereon, whether the said justices do come or not, unless the plaintiffs or justices of the court shall see cause to discontinue the same, on motion of the plaintiff; and all actions and suits already begun in any of the said county or precinct courts, be, and are hereby declared to be, revived and continued, notwithstanding the failure of the coming of the same justices.

Justices may

adjourn the

court.

IX. And whereas, it may often happen that the attorney general or council for the King cannot attend to prepare or prosecute indictments for Any attorney criminal offences; Be it therefore enacted by the authority aforesaid, That may prosecute indictments. any barrister or attorney at law may prepare and prosecute indictments, by leave and appointment of the justices of the said county and precinct courts, and be allowed the same fees as are appointed for the attorney general.

A. D. 1722.

Justices impowered to

purchase land for building a court-house.

And a free school.

Pay of school master.

vin, &c. shall

Acts relating to Courts.

X. And be it further enacted by the authority aforesaid, The said justices shall have power to purchase lands to them and their successors, fitting and convenient for building a court-house, and inn for entertainment of those who must necessarily attend at the said county and precinct courts, and for pasturage of horses, and to assess and levy the charge of purchasing the said lands, and building a brick court-house and brick or wooden prison, on the lands and negroes lying and being within the jurisdiction of the said county and precinct courts respectively.

XI. And be it further enacted by the authority aforesaid, That the said justices of the county and precinct courts respectively, are hereby fully authorized and impowered to purchase lands for erecting and building one free school, in the most convenient place within their counties and precincts respectively, where they shall agree to, for the education and boarding of youth, and to erect and build a free school thereon, and to levy and assess the charge thereof on the lands and slaves lying and being within the said jurisdiction and precincts respectively, and the justices shall have power to levy the same, by warrants under their hands and seals, against the goods and chattels of defaulters, which warrants shall run and be executed by any person who shall be appointed by the said justices to execute the same, throughout all and every part of this Province, as well for the charge of purchasing of the lands which they shall think necessary for the said court-houses, inns and prisons, as for the said free schools, and for the charge of building such court-houses, prisons and free schools, and to nominate and appoint one or more school-masters for the same free-schools respectively, and the same at pleasure to displace, and appoint others in their stead.

XII. And whereas, the stipend already allowed to school-masters is much too small; and to the intent that good and able school-masters may be encouraged to come and settle in the said precincts, Be it therefore enacted by the authority aforesaid, That every school-master who shall be qualified according to his Majesty's instructions, and be recommended by the Governor and the majority of the Council then subsisting, and shall be well skilled in the Latin tongue, and shall be approved of by the justices of the county and precinct courts, and shall actually live and reside and teach school within the limit and jurisdiction of the said county and precint courts respectively, shall receive yearly, from the treasurer of the said counties and precincts respectively, the sum of twenty-five pounds proclamation money, which sum shall be levied by the said justices of the said county and precinct courts respectively, on the lands and slaves within their respective jurisdictions, according to the discretion of the same justices; and the said justices of the county and precinct courts shall have all the same powers as are given to the commissioners of the free school in Charlestown, now Charles city and port, by virtue of an Act entitled "An Act for founding and erecting a free school in Charlestown, for the use of the inhabitants of this Province of South Carolina," ratified the twelfth day of December, one thousand seven hundred and twelve; and the said school master shall teach ten poor children gratis, yearly, if sent by the said justices.

XIII. And be it further enacted by the authority aforesaid, That all Writs of reple-writs of replevin for goods distrained or seized unjustly, within the jurisbe executed diction of the said county and precinct courts, and carried out of the throughout the same, all writs or actions on bail bonds, and bonds given on writs of rewhole Province, and re- plevin, writs of scire facias, capias profine, and all other process whatso

Acts relating to Courts.

A. D. 1722.

courts whence

ever, where the cause was originally pending in the said county and pre- turnable to cinct courts, shall run and be executed in and throughout all parts of this such county Province, and be served by the marshals of such county and precinct the same courts respectively, and be returnable and returned into the said county issued. and precinct courts whence the same issued, and not otherwise; any thing in the Act for establishing county and precinct courts, or any former law, to the contrary thereof in any wise notwithstanding: And the courts of Charles city and port, where the cause was originally pending before them, shall have the same power.

non-attendance

XIV. And whereas, the justices of the peace living within the jurisdictions of the several county and precinct courts, are obliged to serve as Fine imposed jurors at such courts, and are fineable for their non-attendance, both as on justices for magistrates and jurors; Be it further enacted by the authority aforesaid, non-atten That the fine of five pounds, imposed on the justices of the peace by the Act for establishing county and precinct courts, for their non-attendance in their capacity as justices of the peace, shall from henceforth cease.

county courts

XV. And be it further enacted by the authority aforesaid, That the said justices of the said county and precinct courts respectively, or a quorum Justices of the of them, shall, and are hereby impowered, from time to time, to lay out, to lay out and alter, repair, amend and keep in repair, all such roads as they shall think repair roads, and assess the proper and convenient to be made, mended and repaired, leading to and charge on the from the said county and precinct courts, and every of them, and to ap- inhabitants. point such persons's slaves to work thereon, as are living within their respective jurisdictions, when, where and as often as they shall think needful, or to assess and levy all such sums of money on the inhabitants living within their jurisdictions respectively, which they shall agree and pay to any person who shall undertake the doing thereof: And the said justices shall be, and are hereby, invested with all such other powers as are given to the commissioners of high-roads, so far as to enable the said justices to cause the roads leading to the said courts respectively, to be made, mended and repaired.

be sued for in

XVI. And be it further enacted by the authority aforesaid, That all the Fines accruing fines and forfeitures accruing and arising by virtue of this Act, and the by this and forAct for establishing county and precinct courts, shall be sued for in the mer Act, shall name of the King, and be paid into the hands of the treasurers of the the name of said several county and precinct courts, to be disposed of by an order of the King, and paid unto the the several judges or justices, for the use of the said several counties and treasurer. precincts, and for no other use, intent or purpose whatsoever.

JA. MOORE, Speaker.

Council Chamber, Charles City and Port, February 23, 1722.

FR. NICHOLSON, Governor.

A. D. 1734.

No. 583. AN ACT FOR THE

Preamble.

Judges and justices to hold

court together.

Acts relating to Coarts.

BETTER

REGULATING THE COURTS OF JUSTICE IN THIS PROVINCE, AND FOR ALTERING THE TIME OF HOLDING Courts.

WHEREAS, by the laws and customs of that part of the kingdom of Great Britain heretofore called England, for the better and more effectual dispensing law and justice to all his Majesty's licge people, certain courts of record have been erected and established by the names and titles of the Court of King's Bench, the Court of Common Pleas, and the Court of Exchequer, in which courts, respectively, do preside a chief justice and three puisne judges, and a chief baron and three puisne barons; in which said courts the said puisne judges and barons, respectively, have equal voices, power and authority, in hearing and determining all causes which come before the said courts, respectively, within their respective jurisdictions, with the said chief justices and chief baron: And whereas, also, by the laws and customs of divers of his Majesty's plantations in America, there are appointed chief justices and three or more judges in the respective courts erected and established in the said plantations, respectively, for the better and more effectual distribution of justice; and three or more of the said judges or justices may, and often do, hold the said courts, and hear and determine all causes coming before them in the said courts, within their respective jurisdictions, in the absence of the chief justices of the said courts, that no complaints for want of justice may be heard in the said courts: And whereas, his Majesty, by his royal commission or letters patent, under the great seal of Great Britain, constituting his Excellency Robert Johnson, Esq. governor, captain-general and commander-in-chief in and over this Province, hath been graciously pleased to authorize and empower his said Excellency to constitute and appoint judges, and in cases requisite, commissions of oyer and terminer, justices of the peace, and other necessary officers and ministers in this Province, for the better administration of justice, and putting the laws in execution: And whereas, certain courts of record, of general sessions of the peace, oyer and terminer, assize and general goal delivery for criminal matters, and of common pleas for all civil matters, have been heretofore erected and established in this Province, to be holden before a chief justice, and two or more judges or justices, to sit in judgment, and hear and determine with the chief justice all causes that should come before them in the said courts: And whereas, of late, divers disputes have been moved and stirred concerning the powers and authorities of the said judges or justices; for the prevention whereof, for the future, and to the end that justice in the said courts may be the better and more duly administered in this Province, we humbly pray your most sacred Majesty that it may be enacted,

I. And be it enacted, by his Excellency Robert Johnson, Esq. Governor, Captain-General and Commander-in-chief in and over his Majesty's Province of South Carolina, by and with the advice and consent of his Majesty's honorable council, and the Commons house of Assembly of this Province, and by the authority of the same, That the judges and justices, and every of them, of the said court of general sessions of the peace, oyer and terminer, assize and general goal delivery, and of the said court of common pleas, in this Province, appointed and to be appointed by his Excellency the Governor of this Province, and the governor for the time being, shall have, and they and every of them are hereby invested with full and ample power, jurisdiction and authority, to sit in and together with the said chief justice of the said courts to hold the said courts respectively, and to sit in