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Acts relating to Courts.

XI. And be it further enacted by the authority aforesaid, That the judges shall cause the principal facts and reasons on which they found their decree in each cause, to appear upon record.

XII. And be it further enacted by the authority aforesaid, That suits in equity shall not be sustained in any case where plain and adequate remedy can be had at common law.

XIII. And be it further enacted by the authority aforesaid, That all suitors and defendants in the court of Equity, may do their own business, without application to any counsellor or solicitor of the court.

XIV. And be it further enacted by the authority aforesaid, That each and every of the judges of the court of Equity shall ride the circuit, unless prevented by sickness or unavoidable accident.

In the Senate House, the nineteenth day of February, in the year of our Lord one thousand seven hundred and ninety-one, and in the fifteenth year of the Indepen. dence of the United States of America.

DAVID RAMSAY, President of the Senate.

JACOB READ, Speaker of the House of Representatives.

No. 1491. AN ACT TO AMEND THE SEVERAL ACTS FOR ESTABLISHING AND REGULATING THE CIRCUIT COURTS THROUGHOUT THIS STATE.

Powers of the superior courts of law.

Courts, when to be held.

WHEREAS, the several Acts establishing and regulating Circuit Courts within this State, require amendment; therefore,

I. Be it enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the superior courts of law throughout this State, shall have, hold, use and exercise such jurisdictions and powers as are vested and lodged in them respectively, by virtue of the Acts of Assembly framing and constituting them; the court in each district possessing and being capable of exercising the same complete, original, and final jurisdiction, as is possessed and exercised by the courts of general sessions of the peace, and of common pleas, heretofore established and held in Charleston district, according to the former usage, practices and customs of the said courts, except where altered by law, and in points of practice by the rules of court, from time to time made by the judges thereof.

II. And be it further enacted by the authority aforesaid, That from and after the next sitting of the said courts through the present districts of the State, agreeably to the existing laws, the superior courts of general sessions and common pleas shall be held at the times and places hereinafter directed, (that is to say,) the courts of general sessions in and for the district of Charleston, shall be held at the city of Charleston, for the trial of all offences committed within the said district, on the third Monday in January, May and September, in each year, and shall continue to sit until all the business ready for trial be dispatched, or until the end of the term: And the courts of common pleas in and for the district of Charleston, shall be held at the city of Charleston, for the trial and decision of all civil pleas or actions therein legally depending, on the fourth Monday in January, May and September, in each year, and shall continue

Acts relating to Courts.

to sit until the business ready for trial or hearing be dispatched, or until the end of the term: And the courts of sessions and common pleas for the other districts, shall hold pleas of all causes, civil and criminal, within their respective limits, as follows, (that is to say,) at Coosawhatchie and Georgetown, on every first day of April and November; at Orangeburgh, on every eighth day of November and tenth day of April; and at the Cheraws, on every tenth day of April and November; at Cambridge, on every sixteenth day of November and eighteenth day of April; and at Camden, on every nineteenth day of April and November; in Pinckney district, at such place as may be appointed by the commissioners hereinafter nominated, on every first day of April and November; and in Washington district, at such place as may be appointed by the commissioners hereinafter nominated, on every tenth day of April and November; provided, that if any of the above mentioned days shall happen to be on Sunday, the said courts shall begin on the day following; and each of the said courts shall sit from day to day, not exceeding four days at Coosawhatchie in November and six days in April, and not exceeding six days in Orangeburgh, Pinckney and Washington, and ten days in NinetySix district, in April and November, and not exceeding six days at Georgetown and Cheraws, and ten days at Camden, in April and November, or until the business of the said courts, respectively, shall be dispatched, if all the business can be determined in that time, but if it cannot, then what shall remain unfinished shall be continued or adjourned over to the next court.

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III. And be it further enacted by the authority aforesaid, That the courts of general sessions of the peace, of oyer and terminer, assize and Districts laid general goal delivery, shall have cognizance and jurisdiction of all pleas off. criminal, where the offence shall be committed within the limits of the respective districts, and the said courts of common pleas, of all civil pleas or actions, in those of the following districts wherein the defendants may reside, be arrested or taken, by process or warrant, and the same shall be heard, tried and determined at the said courts, respectively, that is to say, the said courts at Charleston, of all offences committed within that district, and of all such pleas or suits civil, in which the defendants shall reside, be arrested or taken, in Charleston district, which district shall include all places within the south branch of Santee river and Combahee river and the sea, including the islands, by a line drawn from a place called Nelson's ferry, directly towards Matthew's bluff, on the Savannah river, until it intersects the swamp at the head of the south branch of Combahee river: The said courts at Coosawhatchie, of all such offences and pleas within Beaufort district, which shall include all places to the southward of Combahee river and the swamp aforesaid, between the sea (including the islands) and the line to be continued from the main swamp aforesaid, to Matthews's bluff, on the Savannah river: The said courts at Orangeburgh, of all such pleas, civil and criminal, within Orangeburgh district, which shall include all places between the Savannah, Santee, Congaree, and Broad rivers, the said line from Nelson's ferry to Matthews's bluff, and a direct line to be run from Silver bluff, on the Savannah river, to the mouth of Rocky creek, on Saluda river, and thence in the same course to Broad river: The said courts at Georgetown, of all such pleas, criminal and civil, within Georgetown district, which shall include all places between Santee river, the sea, (including the islands) and the line which divides Saint Marks's from Prince Frederick's parish, which shall be con. tinued in the same course across Pedee to the North Carolina boundary:

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powers.

Acts relating to Courts.

The said courts at the Cheraws, of all such pleas, criminal and civil, with in the Cheraw district, which shall be bounded by the State boundary and the line dividing Saint Marks's and Prince Frederick's parishes, continued till it intersects the northern State line, and by Lynch's creek and a line drawn from the head of that creek upon a course north thirty degrees west, until it intersects the State line: The said courts at Camden, of all pleas, criminal and civil, within Camden district, which shall include the counties of Lancaster, Kershaw, Claremont, Clarendon, Richland and Fairfield The said courts in the district of Pinckney, of all pleas, criminal and civil, within the district of Pinckney, which shall include the counties of Chester, Spartanburgh, Union and York, except that part of York county laying on the east side of the Catawba river, and on the South east side of Sugar creek, which shall remain in Camden district, and be annexed to Lancaster county: The said courts at Cambridge, of all pleas, criminal and civil, within the district of Ninety-six, which shall include the counties of Abbeville and Edgefield, Laurens and Newberry: The said courts in Washington district, of all pleas, criminal and civil, within the district of Washington, which shall include the counties of Pendleton and Greenville.

IV. And be it further enacted by the authority aforesaid, That the Judges, how to chief justice and associate judges of this State for the time being, chosen be appointed, by the Legislature, and in case of the sickness or absence of any of them, and their any person for that time commissioned and appointed for that purpose by the Governor or Commander-in-chief of this State, shall be judges of the courts hereby established; and they, or any one of them, shall and may have, hold and exercise the same powers and authorities, respectively, touching all matters within the limits of their jurisdiction aforesaid, as the said courts have or may exercise, under and by virtue of the laws and constitution of this State, and the constitution of the United States: And the said courts may, from time to time, make such just and reasonable rules and orders for the more regular and convenient conducting and effectual dispatch of business therein, as to them shall seem necessary and proper And in case there shall be no court held on the days appointed by this Act, it shall and may be lawful for the clerk of any of the said courts respectively, or his lawful deputy, to open and adjourn the same from day to day, until the courts shall meet, or until the last day appointed for holding the same, on which said last day, he shall adjourn the same until the next court, to which time all actions then depending shall stand

Process, how to issue.

over.

:

V. And be it further enacted by the authority aforesaid, That all judicial process (executions excepted) shall be tested in the name of the chief justice of the State, and in case of the vacancy of the chief justiceship, in the name of the senior associate judge, and shall and may be issued from and signed by the clerks of any of the said courts, under the seal of the court; and the said process shall and may be served in any district of the State; and in all cases where there shall be two or more defendants in one action, residing in different districts, it shall be at the option of the plaintiff to try his cause in the district where any one of the defendants shall reside, be arrested or taken; but all executions shall be issued from the court of the district in which verdict or judgment shall be obtained, and shall be tested in the name of the chief justice; and in case of the vacancy of the chief justiceship, in the name of the senior associate judge, and signed by the clerk thereof, and served by the sheriff of the district,

Acts relating to Courts.

or his deputy, where the defendant is found or resides, or where his property may be found.

VI. And be it further enacted by the authority aforesaid, That all writs

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or mesne process and executions that shall be issued by or from the court of Writs, when common pleas, in and for the district of Charleston, shall be made return- returnable, &c. able to the court thereof, on the first Tuesday in January, the fourth Tuesday in March, and the third Tuesday in August; and all writs and execu tions that shall be issued by or from the courts in the other districts, shall be made returnable to the clerk thereof, thirty days next before the sitting of the court to which they are made returnable; and the sheriffs shall make certain return thereof, on the respective days hereby directed, to the said clerks, whose duty it shall be safely to deliver them to the plaintiff's attornies in the several suits so commenced and prosecuted; and the plaintiff shall, on the return of such writs, proceed to file his declaration during the sitting of the court next after the writ is returnable, or at any time after, until the next succeding court, and shall take judgment by default, against the defendant in said suit, unless an appearance has been regularly entered by the defendant's attorney, with the clerk of the court, during the sitting of the said court; and the defendant, if he puts in an appearance as aforesaid, shall and may put in his plea, in writing, with the clerk of the said court, within one month after the declaration is filed, or judgment may be taken by default.

successor.

VII. And be it further enacted by the authority aforesaid, That the sheriff of each of the said districts shall be obliged, at the expiration of his Sheriff to turn office, to turn over to the succeeding sheriff all such writs and process as over unfinished shall remain in his hands unexecuted, in the manner prescribed by the Act business to his "for establishing courts, building goals and appointing sheriffs and other officers, for the more convenient administration of justice in this (then) Province,' passed the twenty-ninth day of July, one thousand seven hundred and sixty-nine; and also all executions whereon he hath not made actual sale of the property levied by virtue of such executions to the amount of the demands of the plaintiffs in such suits.

VIII. And be it further enacted by the authority aforesaid, That no sheriff of any district or county or city, no master or commissioner in equity, no Officer not to commissioner of the loan office, or treasurer, shall be concerned or interes- purchase at Sales made by ted, directly or indirectly, in the purchase or acquisition of any property himself. sold by them, respectively, by virtue of or in obedience to any process, execution, order of court, or law; and if any such officer shall presume to be concerned or interested in any such purchase or acquisition, at any sale by him made, he shall, on conviction thereof, be deprived of his office, and the purchase so made shall be utterly void and of no effect.

how

IX. And to prevent unnecessary delays and private sales, to the prejudice of honest debtors and creditors; Be it further enacted by the authority Salento be aforesaid, That no district sheriff shall sell any property in any private made. or retired part of his district, but he shall sell the same on the first Monday (and if the sales commenced on that day cannot be concluded on the same, they may be finished on the day following, at the same hours,) in each month, between the hours of eleven and three, in Charleston district, and eleven and five in the other districts, at such places in each and every district as the judges of the court of common pleas shall appoint, and at no other time or place whatsoever; and all notices of sale by the sheriff of Charleston district, shall be published three times in the State gazette, or any other gazette, and at three notorious public places in the said district;

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Sheriff to make return.

Fees.

Acts relating to Courts.

and the sheriffs for all other districts in this State shall publish all notices of sale at the court house of the district, and two other notorious places in the district, and in the most public places of the neighborhood from which the property was taken.

X. And be it further enacted by the authority aforesaid, That each of the said sheriffs shall be bound to make return of the executions lodged in his office, on oath, within ten days after the return day, with a full and particular account of the levies or sales by him made, and of the money in

his hands.

XI. And be it further enacted by the authority aforesaid, That at whatever stage any suit may cease or determine, the attornies, clerks and sheriffs shall have their fees taxed; and on non-payment thereof, execution may be issued against the party from whom they are due, and be lodged with the sheriffs of the respective districts, and returnable at the ensuing return day; and the sheriff, for his trouble in collecting such fees, shall be allowed a commission of two and one half per cent, to be paid by such defaulter.

XII. And be it further enacted by the authority aforesaid, That Col. Commissioners Edward Lacy, Col. William Farr, James Martin, Col. William Bratton, appointed. Baylis Earle, Esq., and William Smith, Esq., for Pinckney district, and Gen. Andrew Pickens, Col. Robert Anderson, Capt. Robert Maxwell, and Mr. John Bowen, Mr. James Harrison, Maj. John Ford, and John Hallum, for Washington district, shall be, and the same are hereby nominated and appointed, commissioners to agree for and superintend the building of goals and court houses in their respective districts, and for the purchase of land in such places, for the immediate erection of the said buildings, as the majority of the respective commissioners shall see most fit and convenient in each district; and that provision for building the said goals and court houses, and for the purchase of land necessary for the erection thereof, shall be provided by a general tax.

XIII. And be it further enacted by the authority aforesaid, That this This Act, when Act shall not extend to any actions which shall be commenced before the to take effect. eighteenth day of November next, but all such actions and suits may be proceeded in and determined in the same manner as if this Act had never been passed.

ed business in

cated.

XIV. And for the speedy determination of the causes now depending in Ninety-Six dis- the district of Ninety-Six, according to its former boundaries, Be it further trict, unfinish-enacted by the authority aforesaid, That two of the judges of the superior it to be adjudi- courts of law shall be, and are hereby, authorized and directed to attend at Cambridge, in the months of April and November, at the times fixed for holding the courts in the said district, and shall hold the said courts of sessions and common pleas at the same time; one of whom shall preside in the court of general sessions, and the other in the court of common pleas; and the judge holding the court of common pleas shall, and he is hereby directed to, continue trying the causes at issue, and on the docket, day by day, during each of the said terms, for the space of fifteen days, if the business then at issue and ready for trial shall require so long a time for the dispatch thereof.

XV. And be it further enacted by the authority aforesaid, That sheriffs and clerks shall be appointed immediately after the passing of this Act, (in the manner they are appointed for the other districts,) for the new districts hereby formed, and they shall perform all the duties, be liable to all the penalties, and enjoy all the emoluments, to which the sheriffs and clerks of