Acts relating to Courts. the other districts are liable or entitled; and they shall immediately enter upon the execution of their respective offices, so far as may be consistent with this Act; and the sheriffs of the said districts shall also form jury lists, agreeably to law, from the last tax returns for their respective districts, and shall lay the same before the judges who shall attend and hold the court at Cambridge in November next, who shall cause juries to be drawn in the manner prescribed by law; and the sheriffs of the respective districts shall summon the persons whose names are so drawn, to attend at the places where the courts shall be held in the said districts, in the month of April, one thousand seven hundred and ninety-two; and such jurors shall be liable to the same penalties for non-attendance as jurors now by law are subjected to; and the judges of the court of sessions and common pleas shall proceed to hold the courts within the new districts of Pinckney and Washington, on the first day of April and November, one thousand seven hundred and ninety-two, in Pinckney district, and on the tenth day of April and November, one thousand seven hundred and ninety-two, in Washington district, and on the days herein fixed in each succeeding year; and the said courts shall be courts of record, and all persons necessarily going to and attending on or returning from the same, shall be freed from arrests in any civil action. A. D. 1791. XVI. And be it further enacted by the authority aforesaid, That when a prisoner shall be discharged, by reason of the non-attendance of the Prisoner acprosecutor, or on account of a bill presented against him being rejected by the from costs. quitted, freed grand jury, or by reason of an acquittal by the petit jury, such prisoner shall not be bound or liable to pay any charges which may have been incurred in his or her apprehension, detention or prosecution, but the same shall be paid out of the fines and forfeitures received by the proper officers of the court. XVII. And be it further enacted by the authority aforesaid, That whenever the judges who preside in the court of common pleas in Charleston, are about to draw jurors to be summoned for the next succeeding court, they shall draw, or cause to be drawn, in the manner prescribed by the jury law of this State, the names of twenty persons, in addition to those heretofore drawn, to serve in the court of common pleas: and the persons so drawn shall be summoned to attend, in the usual manner, and shall be entitled to all the privileges and benefits, and subjected to all the penalties, of other jurors; and out of the whole numbers drawn and summoned, two juries shall always be formed, whose duty it shall be well and truly to try all the issues with which they may be charged, and execute all the writs of enquiry which may be delivered to them, respectively. 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 Independence of the United States of America. DAVID RAMSAY, President of the Senate. JACOB READ, Speaker of the House of Representatives. Jurors. VOL. VII.-34. A. D. 1791. Acts relating to Courts. No. 1492. AN ACT TO AMEND THE County courts COURTS, AND FOR SEVERAL ACTS FOR ESTABLISHING COUNTY REGULATING AND AMENDING THE PROCEEDINGS THEREIN ; AND FOR SUSPENDING THE COUNTY COURTS IN THE DISTRICTS OF ORANGEBURGH AND BEAUFORT; AND ASCERTAINING DUTIES OF JUSTICES OF THE PEACE THROUGHOUT THE STATE. THE WHEREAS, experience has proved that the present mode of transacting business in the county courts, is unfavorable to the equal, impartial and steady administration of justice. I. Be it therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authoto be held by 3 rity of the same, That county courts be, and are hereby, established and judges. shall be held in the counties of Edgefield, Abbeville, Pendleton, Greenville, Laurens, Newberry, Spartan, Union, York, Chester, Fairfield, Richland, Lancaster, Kershaw, Claremont, Clarendon, Marlborough, Chesterfield and Darlington, on the days hereinafter appointed for each county respectively, (and county courts shall be held at no other time or place ;) and the county courts hereby established shall be held and administered by three judges or justices of the county courts, to the trial of small and mean causes, and who shall be elected by a joint nomination of the Senate and House of Representatives, and be qualified as is directed in an Act entitled "An Act for establishing county courts, and for regulating the proceedings therein;" and if any vacancy shall happen by death, resignation, removal, or otherwise, the Governor or Commander-in-chief for the time being shall nominate and appoint other fit and proper person or persons to fill such vacancy, until the next meeting or sitting of the Legislature, when such appointment shall be annulled or confirmed; any two of whom shall have full power and authority to hear and determine all causes, matters and controversies, referred by law to their jurisdiction. II. And be it further enacted by the authority aforesaid, That the Powers of the judges of the county courts shall, at the several times and places appointed when by law, hold, in their respective counties, courts twice in each year, for the and where to trial of causes, matters and things, by law referred to their jurisdiction; courts, sit, &c. which courts shall continue open and sit ten days, exclusive of Sundays, at each term, unless the business thereof be sooner finished; and shall hear and determine all causes, matters and controversies appertaining or in any wise belonging to their jurisdiction; and that there shall be two intermediate courts held in each county by one or more of the said judges; the business of which courts shall be confined to the granting of tavern licenses, appointing commissioners and overseers of roads and bridges, business relative to the poor of the county, and to the exercise of any other powers vested in them by law; the regulation of the police of their respective counties, when a judicial decision between individuals is not required or necessary; and that each of the said courts shall be held four days at each term, unless the business should sooner be finished; and that the courts be held for the respective counties herein mentioned, on the following days, to wit:-for the counties of Union and Richland, on the first Mondays of April and September; for the counties of Spartan and Fairfield, the second Mondays of April and September; for the counties of Pendleton and Chester, on the third Mondays of April and September; for the counties of Greenville, York and Marlborough, on the first Mondays of May and October; for the counties of Laurens, Lancaster and Chesterfield, on the second Mondays Acts relating to Courts. of May and October; for the counties of Newberry, Kershaw and Darlington, on the third Mondays of May and October; for the counties of Claremont and Edgefield, on the first Mondays of June and November; and for the counties of Clarendon and Abbeville, on the second Mondays of June and November. A. D. 1791. their powers, III. And be it further enacted by the authority aforesaid, That the grand juries, in each of the said counties, shall have equal and concurrent Grand. jurors, jurisdiction in all cases whatsoever, arising in their respective counties, &c. with the grand juries in the circuit courts; and where a bill of indictment shall be found by the grand jury in the county court, on any charge of a higher nature than the county court had cognizance of before the passing of this Act, the person indicted shall be referred for trial to the next court of sessions, to be held for the circuit court district in which the offence is said to have been committed, and the indictment and proceedings thereon shall be removed to the said court; and the judges of the said county court shall bind over all witnesses, either in behalf of the State or the party accused, to appear at the district court and give testimony at the time of trial; but if the bill of indictment shall not be found, the person accused shall be entitled to his release; and the county attorney shall be entitled to such fees for preparing such indictment as are taken by the Attorney-general on indictments found in the court of sessions of any district. IV. And be it further enacted by the authority aforesaid, That in each and every county where the county courts are established, no suit shall be brought by any writ or process returnable to any other court of law in this State, for any sum of money less than fifty pounds sterling, due on any judgment, bill, bond, note or account, liquidated and signed by the handwriting of the defendant, nor on any open account, for any sum less than twenty pounds sterling; and if any such suit or suits shall be brought contrary to the true intent and meaning of this Act, or to evade the operation of this Act, the same shall, on its appearing to the court, on motion of the defendant or his attorney, be dismissed at the plaintiff's costs; Provided always nevertheless, that nothing in this Act contained shall be construed to extend to prevent any person or persons from bringing his, her or their suit, action or actions in any of the cases aforesaid, in the circuit or district court, on any debt, duty, contract, note or account, made or entered into before the passing of this Act. Jurisdiction defined. V. And be it further enacted by the authority aforesaid, That an appeal shall be granted in all cases where the judgment of the said court Appeal. shall exceed the sum of ten pounds, on the party applying for the same entering into bond, with sufficient security, to prosecute the same with effect, agreeable to the terms required by the Act entitled "An Act for establishing county courts, and for regulating the proceedings therein;" passed the seventeenth day of March, in the year of our Lord one thousand seven hundred and eighty-five; any law, usage or custom to the contrary in any wise notwithstanding. VI. And be it further enacted by the authority aforesaid, That in every cause, the plaintiff shall file his declaration on the first day of the court, Declaration, which if he fail to do, the defendant or his attorney may serve the plaintiff when to be or his attorney, personally, if present, or otherwise, by posting at the door filed. of the court house, a rule to file his declaration, which if he fails to do within two days, on motion of the defendant, he shall be non-pross'd. VII. And be it further enacted by the authority aforesaid, That the clerk and the sheriff, in each of the respective counties, shall be appointed, A. D. 1791. Tavern licen ses. Remedy for office. Acts relating to Courts. commissioned and qualified, in the same manner as has been heretofore used IX. And be it further enacted by the authority aforesaid, That when malpractice in any person or persons shall be injured or aggrieved by the negligence, malpractice or misconduct in office of any clerk or sheriff of the county courts, such person or persons may move the court against such sheriff or clerk, giving a notice of two days of such intended motion to such clerk or sheriff, of such application, and of the grounds thereof, in writing; whereupon, the court shall forthwith give such order or judgment thereon as to justice doth belong. Justices, how to be appointed, and their duties. X. And be it further enacted by the authority aforesaid, That justices of the peace in each county shall be appointed as heretofore, not exceeding nine in number, and who shall continue in office for the space of four years, whose duty it shall be to hear and determine all causes, matters and controversies, to which, by law, they have heretofore been made competent; they shall hear and determine all actions for debt liquidated by bond, note or other writing, signed by the hand of the defendant, as far as five pounds, and all actions on open accounts, as far as three pounds, sterling; and when the judgment of any justice of the peace in this State shall be for any sum less than ten shillings, such justice shall not take or receive any fee or fees of office, or costs of suit, on such judgment; and that all suits in such parts of the State where county courts are established, for the recovery of debts not amounting to more than the sums aforesaid, shall exclusively be brought before a justice of the peace as aforesaid; but if either of the parties shall conceive him, her or themselves injured or aggrieved by the judgment, decree or sentence of any justice of the peace, where the debt or demand is for any sum above twenty shillings, such person or persons may pray an appeal to the first court which shall be held for the said county, and which appeal shall be granted to such person or persons, on giving sufficient security to prosecute such appcal to effect, or on failure thereof, to satisfy the costs and condemnation of the county court; and the said county court shall hear and determine said appeal; but no appeal shall be tried, unless two of the county court judges or justices, at the least, are presiding. XI. And be it further enacted by the authority aforesaid, That the Powers of the judges of the county courts shall have all the powers and authorities judges. vested in the justices of the county courts, by an Act entitled "An Act for laying off the several counties therein mentioned, and appointing commissioners to erect the public buildings. ces limited. XII. And whereas, great mischiefs have arisen to the inhabitants of this Power of justi- State, from the power vested in justices of the peace to try causes which sound in damages; Be it therefore enacted, That no action of trespass, trover, detinue, slander or trespass, assault and battery, or other action arising merely from tort and not from contract, shall hereafter be cognizable by any justice of the peace in this State. XIII. And be it further enacted by the authority aforesaid, That this Act shall not be construed to repeal any clause or clauses in the Act for establishing county courts and regulating the proceedings therein, nor any of the subsequent Acts of the General Assembly, for altering or amending Acts relating to Courts. the same, unless such clause or clauses shall be repugnant to or inconsistent with any clause or clauses of this Act. ed. A. D. 1791. XIV. And be it further enacted by the authority aforesaid, That it shall and may be lawful for any judge of the county court, who shall have Oaths, how to taken the oaths prescribed by the constitution and this Act, to administer be administerthe oaths of office to the other judges of the court, and the justices of the peace, in the county in which he is a judge; and a record shall be made in the acts of court, of the due administration of the said oaths under this Act. XV. And be it further enacted by the authority aforesaid, That it shall and may be lawful for any one judge of the county courts to try all Sum Pro. summary process; any thing in this Act contained to the contrary thereof in any wise notwithstanding. XVI. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the judges of the county courts to hold the courts County courts, of their respective counties on the days to which they now stand adjourn- when to be ed; and the clerks of the respective courts may adjourn the court from held, &c. day to day; and if no court shall be held and administered, all causes, matters and controversies then depending before any of the said courts, shall be, and are hereby, adjourned over to the next court prescribed to be held by virtue of this Act. XVII. And to prevent unnecessary and private sales, to the prejudice of the honest debtor and creditor; Be it further enacted by the authority Sheriff's sales. aforesaid, That no sheriff shall sell any property in any private or retired part of his county, but he shall sell the same on the first Saturday in every month, at noon, at the court house of the county, except the judges should direct other places for the sale; and except in Richland county, in which the sale shall be held at the State House; and the sheriffs shall publish all notices of sale, at the court house of the county, and two other notorious places in the said county, and in the most notorious place of the neighborhood from whence the property was taken, and also in one of the Gazettes, if the Gazette is published in or near the county. XVIII. And be it further enacted by the authority aforesaid, That it shall not be lawful for any person exercising the office of a justice of the Justices propeace within this State, to keep any tavern, or to retail spirituous liquors, hibited from "keeping nor shall any license for retailing spirituous liquors be granted to any tavern, &c. person exercising the office of a justice of the peace, nor to any person or persons in his house or family, or for his emolument; and if any person or persons shall offend against the true intent and meaning of this Act, he shall forfeit and pay the sum of fifty pounds to any person or persons who will inform or sue for the same, and be forever thereafter rendered incapable of serving in the office of a justice of the peace in this State. XIX. And whereas, the majority of the inhabitants of the counties where county courts are established within the districts of Orangeburgh County courts and Beaufort, are desirous that the said courts should not be continued Orangeburg among them; Be it further enacted by the authority aforesaid, That the and Beaufort. said courts be, and they are hereby, suspended, and all records relative to the business of ordinary in such county courts, shall be transferred over and kept by the ordinary of the district in his office; and all records relative to the other judicial business in the said county courts, shall be transferred over and kept by the clerk of the circuit court of the district in his office; and all other records of the said county courts shall be transferred over and kept by the register of mesne conveyances of the said district in discontinued in |