A. D. 1785.

Acts relating to Courts.

and for issuing execution, where such matters happen,
For a summons for several witnesses living in one county, if
summones for all be taken out at one time,

0 10 0

026

0 0 3

For recording any writings not herein particularly mentioned,
or for a copy thereof, for every ninety words,
For all public services of the clerk, viz: entering and issuing
copies of orders for appointing overseers of highways, ap-
pointing constables, grand juries, drawing juries, issuing
venires, taking list of taxables, entering guardian's accounts,
and all matters relating thereto, binding out poor orphans
and appointing guardians, entering county assessments and
copies thereof, entering and issuing orders for recommend-
ing sheriffs and justices of the peace, and all other public
services for which no particular fee is allowed, (to be as-
sessed and levied annually, by the justices of the county,) 1500
And where more attornies than one shall be employed in any cause on
one side, if such attornies take out more than one copy of any thing ne-
cessarily relating to the suit, yet no more than one copy shall be allowed
in the bill of costs; neither shall the clerks tax any fee in the bill of costs
for entering any more than one attorney, although costs shall be adjudged
against the adverse party; and when any suitor shall retain all the attornies
practising at the court wherein such suit is brought, on the petition of the
defendant the court shall assign one of the said attornies to appear and defend
such defendant, for the legal and accustomed fees, and such attorney shall
be compellable by the court to undertake such defence, under the pain of
being silenced and disfranchised in such court-

To the Sheriff.

For an arrest, bail bond and return,

For returning any process non est inventus,

For serving a writ of scire facias,

For serving any person with an order of court, and making re-
turn thereof, to be paid by such persons,

£ 0

000

For putting any person in the pillory,

For serving a summons or petition for debt, detinue, assumpsit
or trover,

For serving a subpoena for a witness in any cause in court, ex-
cept summoned in court,

For summoning an appraiser, viewer, or witness to any deed,
will or writing, if required to be summoned, and not else,
For summoning and impannelling a jury, in every cause where
a jury shall be sworn,

For removing every criminal from the county goal to the dis-
trict goal, for every mile in going and returning, to be paid
by the public, per mile,

For removing any person by habeas corpus from the county
goal or other confinement, to the public goal, or before any
judge of the circuit court, to be paid by the person applying
for the same, unless removed by public order, in which case
to be paid by the public, for every mile going and returning,

Acts relating to Courts.

For executing any condemned person, and all fees incident,
For summoning a jury upon any inquisition, survey, writ of
dower, or petition, if the jury appear,

For the same, if the jury do not appear,

For making return of any writ of dower or partition,

For every day's attendance upon a jury in the county, after they are sworn, or attendance on a survey, or when ordered by the court,

For issuing a writ of habere facias, siesinam or habere facias possionem,

For serving an attachment on the body,

For serving declaration in ejectment, if against any one tenant, And if against more tenants than one, for the serving the same on every such tenant,

For whipping a slave by order of court, to be paid by the county,

For serving any execution of a judgment, five per centum com. mission on the first hundred pounds, and two per centum for all above,

For serving an attachment on goods exceeding five pounds, if sold, the same fee as for serving execution, where the goods do not exceed that value, or are not sold,

For every person on attachment, summoned,

For serving and returning a writ, summons or order, from the circuit court, where the same is not comprehended in any of the foregoing articles,

For keeping and providing a debtor in goal, each day,

For keeping and providing for a runaway slave or criminal in
goal, the former to be paid by the owner, the latter by the
public,

For serving a warrant of a justice of peace,
For summoning witness before a justice,

For all public services of the sheriff, to wit: attending courts of
claims, summoning and impannellinng grand juries, publish-
ing writs for electing members to the General Assembly, ta-
king the ballots and returning the writ, serving all public
orders of court, and all other public and county service for
which there is no specified fee, to be annually assessed and
levied by the county courts,

To the Coroner.

For taking an inquisition on a dead body, to be paid out of the
deceased his estate, if sufficient, if not, by the county,
For all other business done by him, the same fees as are allowed
the sheriff for the same services,

For summoning a coroner, jury and witnesses,

For putting a person in the stocks,

For serving an execution or attachment, returnable to the county court, against the estate of a debtor removing his effects

out of the country,

VOL. VII.-31.

A. D. 1785.

made out.

Acts relating to Courts.

For whipping a slave by lawful authority, to be paid by the overseer, if no overseer, by the owner,

0 2 6

LIX. And be it further enacted by the authority aforesaid, That none Accounts for of the fees hereinbefore mentioned, shall be payable by any person whatfees, how to be soever, until there shall be produced, or ready to be produced, unto the person owing or chargeable with the same, an account in writing, containing the particulars of such fees, signed by the clerk or officer to whom such fees shall be due, or by whom the same shall be chargeable, respectively, in which said bill or account is and shall be expressed, in words at length, and in the same manner as the fees aforesaid are allowed by this Act, every fee for which any money is or shall be demanded.

clerk.

LX. And be it further enacted by the authority aforesaid, That every Table of fees to clerk of a county court shall cause to be set up, in the most conspicuous be exhibited by place in his office, and in the court house of his county, and there constantly kept, a fair table of all clerks, sheriffs, coroners and constables fees, hereinbefore mentioned, together with the fees of an attorney in the county courts, on pain of forfeiting three pounds, lawful money, for every court day the same shall be missing through his neglect, which penalty shall be to the person or persons who shall sue for the same by action of debt, in any court of record having jurisdiction.

Fees of attorney.

Coroner.

measures.

LXI. And, for regulating the fees of attornies, Be it further enacted by the authority aforesaid, That in every action brought in the county courts,, where an attorney is employed, he shall be allowed one pound one shilling and nine pence, for an attorney's fee, which shall be taxed in the bill of costs, and recovered by the person in whose favor judgment for costs shall be given; and in every summons and petition, fourteen shillings shall be allowed and taxed, as an attorney's fee, in like manner; and if any attorney in the said courts shall presume to demand any greater or other fee, in any action at law or summons and petition, or for making defence in either of them, than is above specified, such attorney shall forfeit and pay the sum of fifty pounds sterling, to be recovered by any informer who shall inform and sue for the same, by action of debt for the penalty, in any court of record having jurisdiction.

LXII. And be it further enacted by the authority aforesaid, That coroners for the respective counties shall be chosen in the same manner as sheriffs are by this Act appointed to be chosen, and shall be qualified and commissioned in like manner.

LXIII. And be it further enacted by the authority aforesaid, That the Weights and several justices of the county courts in this State, as soon as the same shall take place in the respective counties, shall have full power and authority to regulate weights and measures within each of their respective jurisdictions, and shall enforce the observance thereof in such manner and form, and under such penalties, as are already prescribed by law for regulating weights and measures.

In the Senate House, the twenty-fourth day of March, in the year of our Lord one thousand seven hundred and eighty-five, and in the ninth year of the Independence of the United States of America.

JOHN LLOYD, President of the Senate. JOHN FAUCHEREAUD GRIMKE,

Speaker of the House of Representatives.

Acts relating to Courts.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT FOR ESTABLISHING COUNTY COURTS, AND FOR REGULATING THE PROCEEDINGS THEREIN.

WHEREAS, it is found necessary to alter the days whereon the courts of the several counties hereinafter mentioned, are directed to be held, and amend several other clauses of the county court law:

A. D. 1786.

No. 1303.

I. Be it therefore enacted, by the Honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the Additional maauthority of the same, That an additional number of magistrates, not ex-gistrates to be ceeding two to each county, shall be added to the present number; and appointed. which additional magistrates shall be nominated and commissioned in like manner as is prescribed by an Act entitled "An Act for establishing county courts, and for regulating the proceedings therein," passed the seventeenth day of March, one thousand seven hundred and eighty-five.

II. And be it further enacted by the authority aforesaid, That the courts of the several counties shall have power and jurisdiction to hear and Jurisdiction as adjudge all felonies committed within their respective counties, which shall to felonies. come under the description of larceny, where the value of the property stolen shall not exceed the sum of forty shillings; which said crime of larceny, upon lawful conviction after indictment found and the verdict of a jury, shall be punished with whipping, not exceeding thirty-nine lashes.

trate.

III. And be it further enacted by the authority aforesaid, That in those counties where courts are established, the jurisdiction of a single magis- Jurisdiction of trate shall extend from twenty shillings as far as five pounds, in matters of a single magisdebt, liquidated by bond, note or other acknowledgement in writing, and no other matters whatsoever; and if any person shall be aggrieved by the judgment of any magistrate, where the matter in dispute shall be above twenty shillings, he shall have a right to appeal to the court of the county where such judgment shall be given; and upon such appeal demanded, the magistrate shall certify the proceedings before him to the next county court, where such appeal shall be heard and adjudged in a summary way, as in cases of petition and summons, and the same costs shall be chargeable thereupon.

risdiction of the county court.

IV. And be it further enacted by the authority aforesaid, That the summary jurisdiction of the county court shall extend to ten pounds instead of Summary jufive pounds, prescribed by the county court Act, and shall be tried and adjudged in the manner and upon the principles by that Act directed; but in case both parties shall desire to have the said causes tried by a jury, or on application of either party at his own expense, then the said judges shall immediately order issue to be joined, and the said cause to be tried by the jury impannelled at such courts; Provided, such sum so sued or prosecuted for, shall not be less than five pounds.

V. And be it further enacted by the authority aforesaid, That the tax imposed by law on taverns and tavern licenses, shall, in the counties where Tax on taverns. courts are established, be collected and appropriated by the respective county courts, to the use of their county, towards lessening the county assessment.

VI. And be it further enacted by the authority aforesaid, That every county court clerk shall obtain the approbation of his county court in the Deputy Clerk. appointment of a deputy clerk, before any such person deputied shall be allowed to act in the place of his principal as a lawful deputy; and every Clerk's office clerk of a county court shall keep his office at the court house, under the to be kept at penalty of being deprived of such office; Provided, that six months be the C. H.

A. D. 1786.

when to be held.

Acts relating to Courts.

allowed from the passing this Act, to such clerk, to remove his office, in compliance therewith.

VII. And be it further enacted by the authority aforesaid, That the Courts of cercourts of the several counties hereinafter mentioned, shall be held on the tain counties, respective days herein prescribed, that is to say: for the county of Chester, on the first Monday in January, April, July and October; for the county of York, the second Monday in January, April, July and October; for the county of Fairfield, on the second Monday in February, May, August and November; for the county of Richland, on the third Monday in February, May, August and November; for the county of Claremont, on the second Monday in March, June, September and December; and for the county of Clarendon, on the third Monday in March, June, September and December.

ton county.

VIII. And be it further enacted by the authority aforesaid, That the Limits of Win upper line of Winton county shall extend from Savannah river along the lower line of Ninety-Six district, till it intersects the road leading from the ridge to Orangeburgh, thence down the said road till it reaches Orange county line, thence along the said line to the head of Little Saltkatcher, thence down the same to the line of Beaufort district, thence along the same to the Savannah river, thence up the same to the beginning.

Clerk and sheriff.

IX. And be it further enacted by the authority aforesaid, That for all the public services of the clerk, for which no particular fee is allowed, he shall receive five pounds per annum, and no more; and for all the public services of the sheriff, for which no particular fee is allowed, he shall receive seven pounds ten shillings per annum, and no more; any law to the contrary thereof in any wise, notwithstanding.

X. And whereas, by a clause in the aforesaid Act, passed on the sevenDeeds, how to teenth day of March last, directing the method of proving and recording of be proved. deeds, the grantor or two evidences are required to appear before court, which, in many cases, might be very inconvenient or impracticable, because of such grantor and evidences residing out of the State, or at some considerable distance from the county where lands or other property conveyed may be; Be it therefore enacted by the authority aforesaid, That where any deed or conveyance of land, bill of sale, mortgage or transfer of property, within any county in this State, shall be executed out of the State, then, and in all such cases, the justices of the county where such lands or other property lie, are hereby authorized to issue their dedimus to any two or more justices of the county where the grantor, seller, grantors or mortgagor of such property may reside, to take his, her or their acknowledgment of such deed or conveyance, upon the oath of any two evidences who were present at executing such deed; and where the said grantor, grantors, seller of mortgagor, reside in this State, and out of the county where such lands or other property so conveyed may lie, then, and in all such cases, acknowledgement by the party, or proof by two evidences, as aforesaid, before any one judge of the court of common pleas and general sessions within this State, or any three of the justices of the county wherein such property may be, shall be deemed good and sufficient proof of such deed or conveyance, which shall be recorded in the records of such county, within the time directed by the said Act; any law, usage or custom to the contrary notwithstanding.

In the Senate House, the eleventh day of March, in the year of our Lord one thousand
seven hundred and eighty-six,

JOHN LLOYD, President of the Senate.
JOHN FAUCHEREAUD GRIMKE,

Speaker of the House of Representatives.