Acts relating to Courts. XXIV. And be it further enacted by the authority aforesaid, That all the fines or forfeitures accruing or arising by virtue of this Act, shall be sued for in the name of the King, and when recovered, shall be disposed of as is hereinbefore directed and appointed. A. D. 1783. Act. XXV. And be it further enacted by the authority aforesaid, That this shall be deemed a public Act, and may be given in evidence without special This a public pleading; and if any person shall be sued for any thing done in pursuance hereof, and judgment shall pass for the defendant, either on verdict, nonsuit or demurer, or the plaintiff shall discontinue his action, the defendant shall recover treble costs. XXVI. And be it further enacted by the authority aforesaid, That nothing herein contained shall be of any force, virtue or efficacy, until public When to go notice of his Majesty's gracious allowance and approbation of this Act into effect. shall be given by proclamation of the Governor or Commander-in-chief of this Province for the time being, but that all and every matter and thing herein contained shall, as soon thereafter as the same shall be practicable, be observed and carried into execution, according to the true intent and meaning of this Act. P. MANIGAULT, Speaker. In the Council Chamber, the 12th day of April, 1768. Assented to: THE COURT OF No. 1170. AN ORDINANCE TO DIVIDE THE JUDGES'S FEES IN I. Be it ordained, by the honorable the Senate and House of Representatives, in General Assembly met, and by the authority of the same, That all the fees which shall hereafter be due to the chief justice, or assistant justices, of the court of common pleas, or of the court of general sessions of the peace, for business transacted in the said courts, shall be equally divided between the chief justice and each of the assistant justices of the said courts; provided nevertheless, that the fees which shall be due to the judges for business actually transacted in the circuit courts, shall be appropriated to such judge as shall perform the same. II. And be it also ordained by the authority aforesaid, That if at any time hereafter, the chief justice, or either of the assistant justices, should be appointed a delegate from this State to the Congress of the United States, the salary and fees of such chief or assistant justice shall cease during his or their absence from the State. In the Senate House, the twelfth day of March, in the year of our Lord one thousand seven hundred and eighty-three, and in the seventh year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. HUGH RUTLEDGE, Speaker of the House of Representatives. A. D. 1783. Acts relating to Courts. No. 1172. AN ACT FOR CONTINUANCE OF PROCESS AND JUDICIAL PROCEEDINGS Preamble, Suits, writs, IN THIS STATE. WHEREAS, the several proceedings of the Courts of Justice within this State, have been discontinued since the surrender of Charlestown into the hands of the British, and it is necessary to revive and continue such proceedings: I. Be it therefore enacted, by the honorable the Senate and the House of Representatives, in General Assembly now met, and by the authority of the same, That no pleas, writs, bills, informations, actions, suits, plaints, process, precepts, or other thing whatsoever, pleaded, returned, depending, or having day, in either of the courts of sessions or common pleas, within any of the districts of this State, at any time before the surrender of Charlestown, and which could not be determined by reason the said courts not sitting at the usual times, shall be in any wise discontinued or put without day, by reason of their not holding or keeping of any of the said courts within the districts aforesaid, either before or since the capitulation of Charlestown, at any of the times or at the places appointed by law for the holding or sitting of any such courts, but all and singular the said writs, bills, informations, pleas, actions, suits, plaints, process, precepts and other proceedings as aforesaid, shall stand continued and be revived, and be good and effectual in law, to all intents and purposes, as if the said courts had been actually kept and holden regularly and uninterruptedly at the several and respective times and places appointed by the laws of this State for the holding and sitting of the same; any law, custom or usage, to the contrary thereof in any wise notwithstanding. II. And whereas also, by the death of several persons who were parties, Cases in Chan- either in their own right, or as executors or administrators, to suits dependcery revived. ing in the court of chancery of this State, the said suits have abated and discontinued, whereby great prejudice arises to many innocent persons; Be it therefore enacted by the authority aforesaid, That no suits which were depending in the said court shall be discontinued or abated by the death of any of the parties to the same, but the survivor or survivors in such suits, shall be at liberty to prosecute the same; and the judges of the court of chancery shall be, and they are hereby, authorized, upon the application of any one or more of the parties to any proceedings now pending in the said court where the pleadings have been all filed, to proceed to a hearing and determination of such causes respectively, first giving notice to the representatives of such of the parties, or to the surviving executors, administrators or trustees, as the case may be, that have died since the commencement of such suits, who may nevertheless avail themselves of any matter by supplementary bill, answer, or other pleadings; and the decrees of the said court of chancery shall be binding on the said representatives, as fully as if such parties were still living. III. And be it further enacted by the authority aforesaid, That all pleas, writs, informations, actions, suits, plaints, process, precepts, and other things whatsoever, depending or having day in any of the said courts, or which shall commence previous to the sitting of the said courts, as appoint. ed by this law, are hereby continued and adjourned over unto the next sitting of the said courts respectively, in their respective districts, at the times hereinafter mentioned for the holding of the same. IV. And be it further enacted by the authority aforesaid, That the several courts of general sessions and common pleas hereafter to be held in any Acts relating to Courts. of the districts of this State, shall be held at the respective times and places hereafter mentioned, (that is to say,) the courts of general sessions and common pleas for the district of Charlestown, shall begin to be holden on the twenty-second day of March next, åt Charlestown, and after such sitting, the said courts, with the business in them depending, shall be adjourned over to be held at Charlestown, as hitherto have been appointed by law for the holding of said courts for the said districts; and that the said courts to be holden for the several other districts in this State, excepting Charlestown district, shall hereafter be holden and shall sit at the times and places heretofore appointed by law for the holding and sitting of such courts. A. D. 1783. Courts, when to be held. Juries to be V. And be it further enacted by the authority aforesaid, That the judges of this State, or any of them, shall, at the first sitting of the drawn and courts of general sessions and common pleas in Charlestown, cause a jury summoned. to be drawn for each of the districts of this State, out of the jury lists of such districts annexed to this Act, and shall cause a writ of venire facias to be issued to the sheriffs of such districts respectively, to summon such persons who shall be drawn for such jury, to attend at such courts for which such persons shall be so drawn as jurors, at the times and places appointed by law for the holding of such courts respectively; and that all jurors to be drawn, and venires to [be] issued afterwards, for the holding of any future courts, shall be drawn and issued at the times and places and in manner as heretofore appointed by law. VI. And be it further enacted by the authority aforesaid, That the several courts hereafter to be held under and by virtue of this Act, shall Powers of the have all and every the powers, jurisdiction and authorities whatever, in as courts. full and as ample a manner, to all intents and purposes, as any such courts have at any time or times heretofore held, used or exercised; and that all and every person or persons, drawn and summoned to serve as jurors at any such courts, shall, for any default, be subject and liable to all the pains and penalties imposed on jurors by any Act or Acts of the General Assembly of this State. VII. And be it further enacted by the authority aforesad, That immedi ately after the passing of this Act, the judges of this State, or any one of Jury lists to be them, shall, out of the lists annexed to this law, cause the sheriffs of the made. different districts of this State to have a jury list made for their respective districts, according to law, and the names of such jurors to be put into a box for that purpose, in manner, and to be kept, as heretofore directed by law; and that immediately after the passing of a tax Bill for this State, and making a tax list, or as soon as practicable thereafter, the said judges, or any of them, shall cause such sheriffs to add to such names in such boxes respectively, all the names of such persons within their respective districts, who are liable to serve on juries, and who have been omitted in such lists as are hereunto annexed, which addition any of the said judges of this State, on their respective circuits which they shall ride, shall have power, and are hereby authorized, to cause to be mide. In the Senate House, the sixteenth day of March, in the year of our Lord one thousand seven hundred and eighty three, and in the seventh year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. HUGH RUTLEDGE, Speaker of the House of Representatives. [Lists of names omitted.] A. D. 1784. No. 1209. Preamble. Present court of Chancery abolished. Acts relating to Courts. AN ACT FOR ESTABLISHING A COURT OF CHANCERY. WHEREAS, by the Constitution or form of government, it is declared, that the Lieutenant Governor of the State, and a majority of the privy Council, for the time being, shall, until otherwise altered by the Legisla. ture, exercise the powers of a Court of Chancery; and whereas, many inconveniences arise from so frequent a rotation of the members who compose the said court, as is required by the Constitution in the office of privy counsellors : I. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met in General Assembly, and by the authority of the same, That from and immediately after passing this Act, the power and authority of the court of Chancery, as established by the constitution or form of government of this State, on the nineteenth day of March, in the year of our Lord one thousand seven hundred and seventy-eight, shall cease and determine. II. And be it further enacted by the authority aforesaid, That the court Three Chan- of Chancery shall, in future, consist of three judges, to be chosen by joint ballot of the Senate and House of Representatives, and commissioned by his Excellency the Governor, during good behaviour, removeable, nevertheless, on the address of both Houses of Assembly. cellors appointed. Qualification. III. And be it further enacted by the authority aforesaid, That every person elected and commissioned as aforesaid, before he shall enter upon the duties of his office, shall take and subscribe the oath of fidelity to the State, and shall also take the following oath of office, which the Governor or Commander-in-chief is hereby directed to administer, to wit: "I, A B, do swear, that I will well and truly serve the people of this State in the office of judge of the court of Chancery, and that I will do equal right to all manner of people, great and small, high and low, rich and poor, according to equity and good conscience, and the laws and usages of South Carolina, without respect of persons, according to the best of my know. ledge, skill and abilities. So help me God." And if any persons shall presume to execute the said office without being qualified as this Act directs, he shall forfeit and pay the sum of ten thousand pounds sterling, to be applied to the use of the State, and which shall be sued for and recovered by the Governor or Commander-in chief for the time being, ex-officio. IV. And be it further enacted by the authority aforesaid, That all the Powers of the powers and authorities which have been at any time vested in or exercised Chancellors, by a court of Chancery in this State, for the purpose of making such rules and orders as may be thought expedient and necessary for carrying on the proceedings in the said court, either before or since the revolution, shall be, and they are hereby, vested in or may be exercised by the said judges, or any two of them; and the said judges, or any two of them, are hereby fully authorized and impowered to hear, and finally to determine, all such matters and causes as shall from time to time be brought before the said court. V. And be it further enacted by the authority aforesaid, That the said judges, or any two of them, shall have full power and authority to establish such standing rules and orders (not repugnant to this Act) for regulat ing the practice of the said court, as they shall deem most consistent with justice and equity, and as may effectually tend to the dispatch of business, without unnecessary delay to suitors. Acts relating to Courts. A. D. 1784. Undecided suits to be VI. And be it further enacted by the authority aforesaid, That no suit or petition in Chancery, on which a decree or dismission has not been yet suits to be obtained, shall be considered as dismissed or discontinued, for any past resumed, and delay of prosecution, but that all such suits and petitions shall be deemed in what time to be pending in the court hereby established, and to be now in the same determined. state as they were in when the last proceedings was had thereon; and that every such suit or petition shall be finally determined within one year from and after the passing of this Act; and every petition or suit which shall be hereafter preferred to or instituted in the said court, shall be finally decided within one year after the same shall have been preferred or commenced, unless upon application, in full and open court, in term time, and for special reasons to be assigned, on account of the absence of material witnesses, or of some of the parties, or any other equitable cause, the court shall think proper to extend the time (not exceeding twelve months longer) for the determination of the suit. VII. And be it further enacted by the authority aforesaid, That the said court shall be considered as always open for administering justice to Court to be suitors; and that in the vacation, any one of the said judges may make always open. such rules and orders, preparatory to hearing, in any suit or cause depending in the said court, as may be necessary. held. VIII. And be it further enacted by the authority aforesaid, That the stated terms for holding the said court, and for the full and solemn hearing Stated terms, of causes, shall be on every second Monday in March, June and Septem- when to be ber, and on every third Monday in December, and that the said court shall sit at the said times de die in diem, (Sundays excepted) at the place where the courts of common pleas are usually held in Charleston, until all the causes ready for hearing, (and which shall be set down, or entered for hearing with the register of the said court, ten days previous to the first day of each term,) shall be heard. IX. And whereas, the obliging a complainant seeking relief from a verdict or judgment at law, to deposit the sum for which such verdict or Injunctions. judgment was obtained, before an injunction can issue to stay execution, although his prayer is manifestly founded in equity, hath been and would be attended with much inconvenience to suitors, and in many instances may amount to a denial of justice; Be it therefore enacted by the authority aforesaid, That a party applying for an injunction to stay proceedings in an action at law, or judgment, or execution, or the levying of execution, shall be intitled to such injunction, on making oath, or giving his affirmation, (according to the form of his profession,) to the truth of his bill, and giving bond to the plaintiff at law, with security, to be approved by the master in Chancery, for such sum, and with such condition, as the court shall direct, if, upon the merits of the motion for such injunction, (of which motion due notice shall always be given to the adverse party,) the complainant shall appear, from the equity stated in his bill, to be entitled to an injunction. X. And be it further enacted by the authority aforesaid, That there shall be a register of the said court, to be appointed by the Governor, with Register. the advice of the privy Council, and commissioned during good behaviour. XI. And be it further enacted by the authority aforesaid, That the sheriff of the district in which the party against whom any process of the Sheriff to exesaid court issues resides, or the estate to be effected thereby lies, shall process. execute and make a proper return of all such process, writs of subpœna only excepted. VOL. VII.-27. cute and return |