Acts relating to Courts.

of this State, in their respective districts, and shall sit at the times following, that is to say: For Abbeville district, at Abbeville court-house; for Orangeburgh district, at Orangeburgh court-house; for Marion district, at Marion court-house, on the first Mondays in March and October, in every year. For Pendleton district, at Pendleton court-house; for Barnwell district, at Barnwell court-house; for Darlington district, at Darlington courthouse, on the second Mondays in March and October, in every year. For Greenville district, at Greenville court-house; for Edgefield district, at Edgefield court-house; for Marlborough district, at Marlborough courthouse, on the third Mondays in March and October, in every year. For Spartanburgh district, at Spartanburgh court-house; fer Laurens district, at Laurens court-house; and for Chesterfield district, at Chesterfield court-house, on the fourth Mondays in March and October, in every year. For Union district, at Union court-house; for Newberry district, at Newberry court-house; and for Lancaster district, at Lancaster court-house, on the Monday next after the fourth Monday of March and October, in every year. For York district, at York court-house; for Fairfield district, at Fairfield court-house; and for Kershaw district, at Kershaw court-house, on the second Monday after the fourth Monday in March and October, in every year. For Chester district, at Chester court-house; and for Sumter district, at Sumter court-house, on the third Monday after the fourth Monday in March and October, in every year. For Charleston district, at Charleston, on the second Monday in January and May, in every year; and to continue to sit no more than five weeks. For Georgetown district, at Georgetown, the first days of April and November. For Colleton district, at Colleton court-house, when built, on the tenth days of April and November. For Beaufort district, at Coosawhatchie, on the seventeenth days of April and November. To sit no more than six days in each of the last mentioned districts.

A. D. 1798.

III. And be it further enacted by the authority aforesaid, That each of the said courts shall sit and adjourn, from day to day, not exceeding five Time of sitting. days, till the business thereof be dispatched, if all the business can be determined in that time; but if not, then what shall remain unfinished shall be continued or adjourned over till the next court, except only as to the courts of Charleston, Georgetown, Colleton and Beaufort districts, which shall sit the time by this Act before prescribed.

circuits.

IV. And be it further enacted by the authority aforesaid, That the several courts of Charleston district, Georgetown district, Colleton district, Distribution of and Beaufort district, shall form one circuit, to be named the Eastern courts into Circuit; and that the attorney-general shall attend each of the said courts, and prosecute all suits and prosecutions on behalf of the State, in each of the aforesaid courts, respectively, according to the usage and custom of the existing circuit courts of this State. The several courts of Abbeville district, Pendleton district, Greenville district, Spartanburgh district, Union district, York district, and Chester, shall form one other circuit, to be named the Western circuit; and that the solicitor of the western circuit, as now by law established, shall attend each of the courts of the said western circuit, and prosecute therein, respectively, all suits and prosecutions on behalf of the State, according to the usage and custom of each of the existing circuit courts of this State. And that the several courts of Marion district, Darlington district, Marlborough district, Chesterfield district, Fairfield district, Kershaw district, and Sumter district, shall form one other circuit, to be named the Northern Circuit; and that the solici

A. D. 1798.

Courts of record.

Jury lists to be made, and jurors to be drawn.

Acts relating to Courts.

tor of the northern circuit shall attend each of the courts of the said northern circuit, and prosecute therein, respectively, all suits and prosecu. tions on behalf of the State, according to the usage and custom of the existing circuit courts of this State. And that the several courts of Orangeburgh, Barnwell, Edgefield, Laurens and Newberry districts, shall constitute one circuit, to be called the Southern Circuit; and the solicitor of the southern circuit shall attend and prosecute therein all suits and prosecutions, on behalf of the State, according to the custom and usage of the existing circuits of this State.

V. And be it further enacted by the authority aforesaid, That the several circuits, by this Act established, shall be courts of record; and all persons necessarily going to, and attending on, or returning from, the same, shall be free from arrests in any civil action.

VI. And be it further enacted by the authority aforesaid, That the sheriffs who shall be elected for the said districts respectively, shall be, and they are, and each of them are hereby, severally and respectively, authorized and required, immediately after they shall have been respectively elected and commissioned as hereinafter directed, to make jury lists from the tax returns of the preceding year, of the said districts respectively, agreeably to law: And that the said sheriffs, and the clerks, who shall be appointed and commissioned, as hereinafter directed, of the said districts respectively, shall forthwith draw, from the said jury lists, jurors to serve on the several juries at the said courts respectively, in like manner as jurors are now drawn to serve in the superior courts of law in this State; and the sheriffs of the said districts respectively, shall summon the jurors so drawn as aforesaid, to appear and serve at the said courts respectively.

VII. And be it further enacted by the authority aforesaid, That at the New jury lists first holding of each of the said several district courts, established by this to be inade out Act, and once at least in every three years thereafter, it shall and may be every 3 years. lawful for one or more of the associate judges of this State, and they are hereby directed and required, to cause new jury lists to be made up from the tax returns of such districts, for the preceding year, which tax returns the sheriff of each district shall procure from the the tax collector thereof, who is hereby required, without delay, to deliver the same to such sheriff; and the judge or judges, attending at such court, shall cause therefrom to be transcribed the names of such persons who are entitled by the constitution of this State to vote for members of the State Legislature, and shall have been liable to pay, the preceding year, a tax of three dollars, and upwards, for the support of this government, and shall carefully select therefrom the names of those persons best qualified to serve as grand jurors, and shall put their names, in the manner prescribed by law, in the division of the jury box numbered one; and also the names of such persons who are entitled, as aforesaid, to vote for members of the State Legislature, and shall have been liable to pay, the preceding year, a tax of one dollar, and upwards, for the support of this government, and shall care. fully select therefrom the names of those persons best qualified to serve as petit jurors and common pleas jurors; and shall put their names, in the manner prescribed by law, into the division of the jury box numbered three; provided, the number of the grand jurors do not exceed one half of the petit jurors, selected as aforesaid.

VIII. And be it further enacted by the authority aforesaid, That one or more of the associate judges aforesaid, at every time of holding of each of the said several district courts established by this Act, shall cause to be

Acts relating to Courts.

A. D. 1798.

be drawn.

drawn out of the division of the jury box of such courts, numbered one, the names of twenty-four persons to serve as grand jurors; and out of Judges to the division of the said jury box, numbered three, the names of forty-eight cause juries to persons, to serve as petit jurors and common pleas jurors at the next succeeding court for such district; and the said grand and petit jurors shall be summoned and empannelled, in like manner as grand, petit and common pleas jurors now are.

IX. And be it further enacted by the authority aforesaid, That any juryman who shall be legally summoned to appear and serve at any of the

said courts established by this Act, and shall neglect or refuse so to do, Penalty for shall, if a grand juror, forfeit and pay the sum of thirty dollars, and five non-attendance per cent upon the amount of his general State taxes for the year preceding; and if a petit or common pleas juror, the sum of twenty dollars, and five per cent upon the amount of his general State taxes for the year prece ding; unless such person shall shew a good and sufficient cause of excuse, upon oath, to the satisfaction of any of the said judges, at the next sitting after the sitting of the court to which such person shall have been summoned to serve as aforesaid; to be recovered and applied in the same way and manner that fines for non-attendance of jurors have been heretofore recovered and applied.

declared.

X. And be it further enacted by the authority aforesaid, That from and after the first day of January, in the year of our Lord one thousand eight hundred, the several county courts shall cease to have jurisdiction, original Jurisdiction of or appellate, of any causes, civil or criminal, except as hereinafter de- county courts clared; but shall continue to be held and sit for the dispatch of all such other matters as are now within their jurisdiction, four times in each year, at the times and places now appointed by law for holding the said county courts respectively, and shall keep, as heretofore, a record of all mesne conveyances of lands within their respective counties; and that all suits and indictments which shall or may be depending in the said county courts, on the first day of January, one thousand eight hundred, shall be transferred to the district courts of common pleas and sessions hereby established for each of the said counties respectively; which said courts of common pleas and sessions, are hereby authorized and required to proceed in all such suits and indictments, to judgment, sentence and execution, in the same manner as in suits and indictments commenced in any of the said last mentioned courts, under and by virtue of this Act.

sions abolish

ferred.

XI. And be it further enacted by the authority aforesaid, That from and after the first day of January, in the year of our Lord one thousand eight hundred, the several courts of general sessions of the peace, oyer and Former courts terminer, assize and general gaol delivery, and of common pleas, now of common? established and held in this State, shall be, and the same are hereby, forever pleas and sesabolished; and that all suits, appeals and indictments, then depending in ed, and busiany of the said courts, (except the court of Charleston district, in which ness transthe business already commenced shall be continued in the district of Charleston, established by this Act,) shall be transferred in manner following, that is to say when any district shall contain two or more of the districts established by this Act, the suits, appeals and indictments, depending in the respective superior courts of law of such district, shall be transferred to that new district established by this Act, within such district, wherein the defendant or appellee resides; and where there are two or more defendants or appellees, residing in different new districts, within the limits of such district, then to such one of the said new districts as the plaintiff or appellor shall direct; and where none of the defendants or appellees reside within

A. D. 1798.

Acts relating to Courts.

such district, then to such of the new districts therein, as the plaintiff or appellant shall direct; and all indictments to the new district where the offence was committed. And all the said suits and indictments shall be continued, proceeded on and determined in the respective courts to which they shall be transferred, as aforesaid; and all records of the said superior courts hereby abolished, shall be transferred to the nearest district established by this Act, there to be kept and continued.

XII. And be it further enacted by the authority aforesaid, That the Clerks of the several clerks of the courts required by this Act, shall be recommended by courts, how to the judges of the county courts, resident in such districts where county be appointed. courts are established, to his Excellency the Governor, who shall appoint and commission the persons so recommended; and that the several clerks of the courts required by this Act, where no county courts have been heretofore held, shall be recommended by a majority of the justices of the peace in such districts, to his Excellency the Governor, who shall commission and appoint the clerks so recommended; and a sheriff shall be appointed for each of the said districts, who shall be elected by a joint ballot of both branches of the Legislature, and commissioned by the Governor or Commander-in-chief for the time being, according to the constitution of this State; which sheriffs and clerks shall perform, respectively, in the districts and courts whereof they shall be appointed or chosen, all the duties, and shall receive therefor the same fees and emoluments, and shall be subject to the same rules, regulations and restrictions, now established by law for and concerning the clerks and sheriffs of the several circuit and district courts in this State.

XIII. And whereas, it is in the contemplation of the Legislature of this State, to establish an uniform system of judicature throughout this State, and that the laws should be administered by one and the same judges throughout the State; Be it therefore enacted by the authority aforesaid, Court of war- That from and after the first day of January, one thousand eight hundred, dens abolished. the sixth and seventh clauses of an Act entitled "An Act to explain and amend an Act entitled 'An Act to incorporate Charleston, and to enlarge the powers of the city council,' passed the twenty-sixth day of March, one thousand seven hundred and eighty-four," be, and the same is hereby, repealed.

reduced.

XIV. And be it further enacted by the authority aforesaid, That from Attornies fees and after the commencement of the operation of this Act, the attornies fees in the respective courts shall not exceed the present fees had by law, upon the proceedings by petition and summons, in the present circuit courts, in all cases whatsoever, wherein the county courts have hitherto had exclusive jurisdiction, and in other cases the usual fees allowed by law.

Two judges added to the

present num ber.

Repealing

clause, as to judges and chief justice.

XV. And be it further enacted by the authority aforesaid, That two judges, in addition to those already on the bench, shall be elected for the courts of sessions and common pleas throughout this State, who shall be commissioned in the same manner, shall perform the same services, and be entitled to the same salary, with the present judges of the courts of sessions and common pleas.

XVI. And be it further enacted by the authority aforesaid, That an Act of the General Assembly of this State, entitled "An Act for establishing the salary for the Governor of this State, and the salaries of other public officers; and for other purposes therein mentioned," be, and the same is hereby repealed, so far as relates to the judges of the courts of sessions and common pleas, and the appointment of a chief justice..

Acts relating to Courts.

XVII. And be it further enacted by the authority aforesaid, That until

A. D. 1798.

Jacksonboro'.

a court-house can be erected in a central and convenient position, in and Colleton court for the district of Colleton, the courts for that district be held at Jackson- to be held at borough; and that the prisoners to be confined for trial within the said district, be sent to and confined in the goals of Charleston or Beaufort districts.

places for Col

Barnwell dis

XVIII. And be it further enacted by the authority aforesaid, That Paul Hamilton, William Boone Mitchell, Benjamin Perry, Colonel John Glaze, Commissioners William Postell, Benjamin Postell, William Jones, James P. Applebury and to fix on central Joseph Koger, be, and are hereby, appointed commissioners to fix upon a leton, Sumter, convenient and central situation, whereon to establish a court-house and Marion and goal for the said district of Colleton, and to contract for the building of trict courtthe same: And that James Davis, William Taylor, Thomas Sumter, jr. houses. Hubert Rees, George Cooper, John Cassels and John Witherspoon, jr. shall be, and they are hereby, appointed commissioners to ascertain and fix upon the most central place for the erection of a court-house and goal in the district of Sumter; and they are hereby directed to advertise for undertakers of the said buildings, and report the terms to the next sitting of the Legislature: And that until the said court-house and goal shall be in sufficient condition for the sitting of the court, the said commissioners shall fix upon a proper place for the sitting of the same: And also, that Colonel John M Ree, Dr. Thomas Wickham, John Ford, John Orr, Benjamin Harrellson, James Crawford, Thomas Harley and Dr. James Ree, be, and are hereby, appointed commissioners for the purpose of fixing on a convenient and central situation, whereon to establish and build a courthouse and goal for the district of Marion, and to superintend the building of the same : And that Aaron Smith, Isaac Bush, Elijah Ford, Jesse Winburn and Tarleton Brown, be, and they are hereby, appointed commissioners for the purpose of fixing on a convenient and central situation, whereon to establish and build a court-house and goal for Barnwell district, and to superintend the building of the same: And that in case of the death, or refusal to act, of any of the said commissioners, that the Governor of the State for the time being shall be, and he is hereby, required to appoint a proper person or persons, to act as commissioners as aforesaid, in the place or stead of those so dying or refusing to act.

continued till

XIX. And be it further enacted by the authority aforesaid, That the several clerks and sheriffs of the county courts throughout this State, shall Present clerks continue to act as heretofore, and to discharge the several and respective and sheriff's of duties of clerk and sheriff in each of their respective counties hereby county courts established as districts, until the end of the first day of January, in the others are year of our Lord one thousand eight hundred; or until clerks and sheriffs elected, for the said districts established by this Act, shall be appointed, elected and commissioned, as by this Act is directed."

XX. And be it further enacted by the authority aforesaid, That all Acts,

laws, and parts of Acts, that are contrary to this Act, or repugnant to the General repealtrue intent and meaning thereof, shall be, and the same are hereby, repeal- ing clause. ed, from and after the first day of January, in the year of our Lord one

thousand eight hundred.

In the Senate House, the twenty-first day of December, in the year of our Lord one thousand seven hundred and ninety-eight, and in the twenty-third year of the Independence of the United States of America.

JOHN WARD, President of the Senate.

WM. JOHNSON, Jr. Speaker of the House of Representatives.

VOL. VII.-37.