Acts relating to Courts. A, D. 1799. Sheriffs to execute process. XI. And be it enacted by the authority aforesaid, That all sheriffs and deputy-sheriffs are hereby authorized and required, duly to execute all summonses and other precepts whatsoever, to them or either of them directed by the judge of any court of Ordinary; and every person who shall, at any Persons netime or times hereafter, be duly summoned to attend and give evidence in glecting to attend, to be proany of the said courts of Ordinary, and shall refuse or neglect so to do, ceeded against. such person shall be subject to the same penalties and liable to be proceeded against in the same manner, by process of such court, signed and sealed as aforesaid, as if such person had refused to appear or give evidence, when thereunto lawfully required, in any district court of this State. Persons aggrie ved, may ap XII. And be it enacted by the authority aforesaid, That if any person or persons shall think themselves aggrieved by the judgment, sentence, decree, determination, denial or order of any of the courts of Ordinary, aforesaid, peal. it shall and may be lawful for such person or persons to appeal therefrom, to the court of common pleas of the district in which the said court of Ordinary shall be holden, within twenty days next after such judgment, sentence, decree, determination, denial or order shall have been given. XIII. And be it enacted by the authority aforesaid, That the judge or judges who shall preside in the court of common pleas of any district with. Judges of the common pleas in this State, shall, and he is, and they are, hereby expressly authorized, to determine required and enjoined to receive, hear and determine, in the said court of appeals. common pleas, all, and all manner of appeal and appeals whatsoever, which shall, from time to time, be as aforefaid made thereto, from any judg ments, sentence, decree, determination, denial or order of any court of Ordinary of such district, according to the customs, usage and practice, as heretofore used in case of appeal from the county courts; and that all matters of fact shall be tried by a jury. XIV. And be it further enacted by the authority aforesaid, That all the associate judges of this State shall meet at Columbia, on the Tuesday next Judges to meet after the conclusion of the circuits, in every year, for the purpose of de- at Columbia. termining all motions which may be made for new trials, and in arrest of judgment, and such points of law as may be submitted to them; but no such court shall be held in any of the cases aforesaid, by less than four of the said judges; nor shall any judge who shall have presided at the trial of any cause in any of the district courts of this State, ever sit or vote at such meeting of the said judges on the same cause, or any matter or thing whatsoever, which shall arise out of or shall concern the said cause; and that the judges aforesaid, in all matters of law by them decided on demur- Each judge rer, special verdict, or motion in arrest of judgment, each shall give his shall give his opinion in wriopinion separately, with the reasons thereof, in writing, and subscribe the ting. same, that it may be kept and filed with the record; and every judge shall, when thereunto required, sign and seal a bill of exceptions. ses. XV. And be it enacted by the authority aforesaid, That if at any court directed by law to be held in the several districts throughout this State, two If two or more or more judges of session and common pleas shall attend, it shall be lawful judges attend, they may disfor the said judges, severally, to hold, at the same time, a court of general tinctly hold a sessions of the peace, oyer and terminer, assize and general goal delivery, court of sions and comand a court of common pleas, distinct from each other; and also to hold, distinct from each other, a court of common pleas for the trial of issues, and a court of common pleas for the execution of writs of enquiry, and for hearing and determining of causes within the summary jurisdiction of the said court. XVI. And be it enacted by the authority aforesaid, That from and after mon pleas. A. D. 1799. Acts relating to Courts. the first day of January next, the jurisdiction of justices of the peace, and Jurisdiction of of justices of the quorum, throughout this State, shall extend to all mata magistrate ters of debt or other demand, arising from contract, and in no other case of debts of 20 dol- a civil nature whatsoever, to twenty dollars, to be recovered by the same extends to lars. Either party may appeal. Attornies fees proceedings as have been heretofore used in the trial of causes small and mean, before such justices 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 or quorum, where the debt or demand is for any sum above six dollars, such person or persons may have an appeal to the first court which shall be held for the said district wherein such judgment, decree or sentence is given or awarded, upon giving sufficient security to prosecute such appeal to effect, or, on failure thereof, to satisfy the costs and condemnation of the said court; and the said court shall hear and determine the said appeal, according to the justice of the case, and award execution against the person or persons cast therein. XVII. And be it further enacted by the authority aforesaid, That the attornies fees in those cases where it may be deemed necessary by either in cases of ap- party to have an attorney, that the attorny's fees, in future, shall be only two dollars in all cases of appeal from the judgment of a justice of the peace or justice of the quorum. peal. constituted XVIII. And be it further enacted by the authority aforesaid, That the Clerk of court clerk of the court of each district shall be, and is hereby, constituted register of mesne conveyance for the same, in those districts wherein county courts have heretofore been established, and in the following other districts, that is to say: Marion district, Colleton district, and Beaufort district. register. Where the office of clerk is vacant, the judge shall appoint. Former clerks and sheriffs to account to XIX. And be it enacted by the authority aforesaid, That if it shall so happen at any time, that there shall be a vacancy in the office of clerk of the court of common pleas of any of the districts, by reason of the death or resignation of any of the clerks thereof, or otherwise, and the same shall not be filled up, (as by law directed,) in time for the sitting of the court, then, and in every such case, the judge or judges, presiding or sitting at such court, shall and may appoint a proper person to act as clerk, during the sitting of the said court. XX. And be it enacted by the authority aforesaid, That it shall and may be lawful for the commissioners of the roads in the several and res pective counties throughout this State, to call on the late clerks and sheriffs commissioners of the said counties, and all other persons having any monies, bonds, notes or accounts in their hands belonging to the said counties, for the same; and the said persons are hereby directed and required to deliver up or pay over the same to the said commissioners of the roads, or their order, for the use of the poor of the said districts respectively. of roads. XXI. And whereas, many inconveniences have arisen, and still arise, by All executions reason of the sheriffs and coroners of this State not returning executions to be returned lodged in their offices, as the law directs, notwithstanding the several laws at the time appointed. already, made to compel them; Be it therefore enacted by the authority aforesaid, That if any sheriff or coroner shall hereafter neglect or refuse to return any execution or executions that shall or may be lodged in their offices, with due returns thereon, as the law directs, and at the times appointed by law, every such sheriff or coroner shall, for every such execu tion not returned as aforesaid, forfeit and pay a sum not less than forty nor more than two hundred dollars, to any person who shall sue for the same, and shall not thereby be exonerated from such other pains and penalties as by law they are subject to; provided, nothing herein contained Acts relating to Courts. shall be construed to compel any sheriff or coroner to return any execution lodged in their offices expressly to bind property, and so marked by the persons lodging the same. A. D. 1799. XXII. And be it enacted by the authority aforesaid, That hereafter, in all actions of trespass to try titles to lands, in all actions of trespass on In all actions the case, in all actions of trover, and in all actions of detinue, or any of to try title, the plaintiff shall them, brought to establish or try the right of title in any kind of property, have costs, if if the plaintiff establishes his right of property therein, he shall, in every above four such case, recover and have his full costs of suit, wherein the verdict shall dollars. be above four dollars. the verdict is XXIII. And be it enacted by the authority aforesaid, That hereafter, Scire facias it shall not be necessary for any sheriff to have any witness or witnesses witness. present at the service of any writ of scire facias. XXIV. And be it enacted by the authority aforesaid, That so much of an Act passed the twentieth December, in the year of our Lord Times and plaone thousand seven hundred and ninety-one, as relates to the times and ces for court of equity, altered. places of holding the courts of equity for Charleston, Columbia and Cambridge, be, and the same is hereby, repealed. XXV. And be it enacted by the authority aforesaid, That the districts now established, be divided into four equity circuits, that is to say: the Districts dividEastern, Northern, Western and Southern; that the Eastern circuit shall ed into four circuits. consist of the united districts of Charleston, Colleton and Beaufort, the court of equity for which shall be held in the city of Charleston, on the first Monday in May and November, in every year; and also of the united districts of Georgetown and Marion, the court for which shall be held at Georgetown, on the first Monday in February, in every year; that the northern circuit shall consist of the united districts of Darlington, Marlborough and Chesterfield, the court for which shall be held at Greenville, in Darlington district, on the second Monday in February, in every year; and also of the united districts of Lancaster, Kershaw, Sumter, Richland and Fairfield, the court for which to be held at Kershaw court. house, on the third Monday in February and first Monday in December, in every year that the Western circuit shall consist of the united districts of Spartanburgh, Union, York and Chester, the court for which shall be held at Union court-house, on the fourth Monday in February, in every year; and also of the united districts of Greenville, Laurens and Newberry, the court for which to be held at Laurens court-house, on the Monday next after the fourth Monday in February, in every year: that the Southern circuit shall consist of the united districts of Pendleton, Abbeville and Edgefield, the court for which shall be held at Abbeville courthouse, on the second Monday next after the fourth Monday in February, in every year; and also of the united districts of Barnwell and Orangeburgh, the court for which shall be held at Orangeburgh court-house, on the third Monday next after the fourth Monday in February in every year. XXVI. And be it further enacted by the authority aforesaid, That the sheriffs of the districts within the respective limits of which said courts to execute proshall be held, are enjoined and required to execute, or cause to be executed cess issued by his lawful deputies, all process from the court of equity in the several from the court of equity. districts belonging to its jurisdiction as aforesaid; and that he shall attend, or cause his lawful deputy so to do, the said court of equity during the time of its sitting; that two of the said chancellors shall attend at each court of equity hereby established. XXVII. And be it enacted by the authority aforesaid, That all causes District sheriff A. D. 1799. Commissioners in equity and registers to be appointed. ral and solici suits of the public. Acts relating to Courts. of equitable cognizance, arising within any of the districts of this State, shall be tried and determined in the jurisdiction of circuits herein before described and marked out, and that commissioners in equity and registers, shall be appointed for each of the said equity circuits or districts, in the manner prescribed by an Act passed on the nineteenth day of February, one thousand seven hundred and ninety-one, entitled "An Act to establish a court of equity in this State." XXVIII. And be it enacted by the authority aforesaid, That the attorney Attorney-gene- general and the several solicitors respectively, be, and they are hereby, tors to revive authorized and required to proceed immediately to revive all suits, either at law or equity, commenced pursuant to the "Act to provide for the final settlement of the former commissioners of the treasury," passed the nineteenth day of February, one thousand seven hundred and ninety-one, against tax collectors and others, defaulters in making returns or payment of the public taxes, and that it shall be lawful to revive the same in the name of the commissioners of the treasury for the time being, unless otherwise provided for by law. revived. XXIX. And whereas, many suits in the courts of equity have not been Suits pending, finished, for want of a competent number of judges, and it is but just and proper to prevent the said suits from being out of court, and also to prevent an unnecessary expense accruing by the revival of the said suits; Be it therefore enacted by the authority aforesaid, That all suits which were in court the day the late Chancellor Matthews resigned, be, and they are hereby declared to be, in court, and precisely in the same situation as they then were; any law, usage or custom to the contrary notwithstanding. XXX. And be it enacted by the authority aforesaid, That any sheriff, Sheriffs, &c. to or clerk of any court, or judge of the court of ordinary, or coroner of quality before two justices of any district in the State, shall and may qualify and take the oaths by law prescribed to be taken by such sheriff, clerk and judge respectively, before any two justices of the quorum for the district for which such sheriff, clerk and judge as aforesaid shall have been appointed; and such justices of the quorum are hereby authorized and required to administer such oath. the quorum. houses and goals. XXXI. And be it enacted by the authority aforesaid, That there shall Money appro- be paid, out of any monies in the treasury not otherwise appropriat priated for building court ed, the sum of five thousand dollars, and no more, for the purpose of erecting a goal and court-house in each district in the State, except Georgetown, Charleston, Orangeburgh, Beaufort and Kershaw districts; and the sum of ten thousand three hundred dollars for Colleton district. XXXII. And be it enacted by the authority aforesaid, That all and singular the records of the several and respective county courts in this County courts State, shall, from and after the first day of January next, be transferred to be transfer- into the district court in which such county shall be included, there to be kept and continued of record. Records of red. examine wit nesses. XXXIII. And whereas, by the laws of this State, as they at present stand, Clerks to grant all persons having occasion for commissions from the court of common commissions to pleas to examine witnesses who are without the limits of this State, or such witnesses whose attendance cannot be procured by reason of their age, sickness or infirmity, are obliged to make application to one or more of the judges of the court of common pleas, whereby great delay, trouble and expense are often occasioned; Be it therefore enacted by the authority aforesaid, That hereafter, it shall and may be lawful for the clerk of the Acts relating to Courts. court of common pleas of any of the districts in this State, wherein any action or suit is depending, upon the application of any person interested therein, to grant a commission or commissions, to examine witnesses out of the State, or such witnesses whose attendance cannot be procured by reason of their age, sickness or infirmity, touching their knowledge of the matters and things in controversy and dispute between the parties in the said action or suit, in as full and ample a manner as if the said application had been made to one of the judges of the said court; provided, that ten days notice be given, and the other requisites in such case by law required, be complied with. A. D. 1799. to file their petitions. XXXIV. And whereas, it is often times troublesome, expensive and inconvenient to persons willing to be admitted the guardians of negroes, Indians, Persons wil ling to become mulattoes and mustizoes claiming their freedom, to travel or take a long the guardians journey, in order to get their petitions for that purpose laid before one of of negroes, &c. the judges of the court of common pleas, as the law at present requires; Be it therefore enacted, That hereafter, it shall and may be lawful for such petitioners to file their petitions in the office of the clerk of the court of any of the districts, whereupon the said clerk shall admit such petitioners to be the guardians of such negroes, Indians, mulattoes or mustizoes; and such guardian or guardions so admitted, may bring, support and maintain an action or actions for the purpose of recovering, establishing and securing the freedom of such negroes, Indians, mulattoes or mustizoes, together with all such costs and damages as are usually allowed in such cases, by reason of their detention. of the roads may grant XXXV. And whereas, lately, during the establishment of county courts in this State, a variety of matters and things, in such parts of the State Commissioners where county courts were established, were referred and given to and confided in the said county courts, and to the judges thereof; and whereas, licences. an Act is now passed by the Legislature, among other things abolishing the said courts, whereby it becomes necessary to provide for the arrangement of the said several matters and things, and to make the laws uniform throughout the State; Be it therefore enacted, That hereafter, the commissioners of the roads throughout the State, or a majority of them, in their respective districts, shall have full power and authority to order licences to be granted to proper persons to keep taverns and retail spirituous liquors, and also to persons to keep billiard tables; which licences, when ordered, shall be granted and delivered out upon the terms and conditions provided by law. XXXVI. And be it further enacted by the authority aforesaid, That from and after the first day of January next, the same laws that are now in The laws relaforce relative to estrays, in such parts of the State where county courts tive to estrays. have not been established, shall prevail, and are hereby declared to be the law of the land, throughout the State. XXXVII. And be it further enacted by the authority aforesaid, That all All laws relalaws now of force relative to the late or present circuit courts or districts tive to circuit of this State, be construed to intend and relate to the new districts, and courts or disthe courts thereof, now established, as far as the same are applicable, com- relate to the patible or consistent with the laws made relative to the new districts. new districts. tricts, shall XXXVIII. And be it further enacted by the authority aforesaid, That if, Where a judge any of the judges on the circuits shall, at any time, happen to be sick, or shall be sick, become indisposed, and unable to hold the courts in his circuit, it shall and the Governor may be lawful for his Excellency the Governor to appoint and commission may appoint a some proper person to sit as judge, and hold the courts of sessions and to sit. common pleas in that circuit; and all acts and proceedings by and before proper person |