A. D. 1810. No. 1976 Acts relating to Courts. AN ACT ESTABLISHING A COURT OF EQUITY IN AND FOR THE DIS- WHEREAS, sundry inhabitants of Beaufort district, have, by their petition to the Legislature, represented the great inconveniences they suffer from their remote situation from the Court of Equity: I. Be it therefore 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 from and after the passing of this Act, the' district of Beaufort shall constitute an equity district in the southern equity circuit. II. And be it further enacted by the authority aforesaid, That one of the judges of the court of equity is hereby authorized and required to attend and to hold a court of equity at Coosawhatchie court-house, on the last Monday of January and May, in each year, for the trial of all causes of equitable cognizance arising within the district, subject to the same rules and regulations that the courts of equity in other districts in this State are by law subject to; provided nevertheless, that the said court shall not continue its sittings longer than six days at any one time. III. And be it further enacted by the authority aforesaid, That a commissioner in equity, having all the powers and being liable to perform all the duties of a master and register in equity, be immediately appointed by the Governor, who shall give bond, with two sureties, to be approved of by the Governor, in the sum of four thousand dollars, for the faithful performance of the duties of his office. IV. And be it further enacted by the authority aforesaid, That the sheriff of Beaufort district for the time being, is hereby authorized and required to attend upon the said court, and to exercise all the duties of a sheriff in the court of equity. V. And be it further enacted by the authority aforesaid, That all suits which have arisen in Beaufort district, and been commenced in the court of equity in Charleston, and all papers appertaining or relating thereto, shall be transferred to the office of the commissioner in equity for Beaufort district. VI. And be it further enacted, That the first court to be holden under this Act, shall be holden on the last Monday in May next. VII. And be it further enacted by the authority aforesaid, That all sales of property levied upon in St. Helena parish, by the sheriff of Beaufort district, shall hereafter take place at the vendue house in the town of Beaufort, on the second Monday and the Tuesday following, in every month, and at no other time or place. VIII. And whereas, doubts have been expressed whether the court of equity can continue any cause in the said court for a longer time than three years, even with the consent of the parties; Be it therefore enacted, That the said court of equity may, and they are hereby, authorized to continue any cause depending in the said court for a longer time than three years, by consent of the said parties; and, without such consent, on good and sufficient cause shewn, in any case where there shall have been pronounced any decretal order within the term of three years from the time of filing the bill. IX. And be it enacted by the authority aforesaid, That John C. Allen, John A. O'Bannon, Lark Robertson, Joseph Duncan and Orsmus D. Allen, be, and they are hereby, appointed commissioners to apply the monies Acts relating to Courts. already appropriated for building a goal in Barnwell district, to the repairing of the old goal of said district, or to build a new one of wood, if they should think it more to the advantage of the public. X. And be it further enacted by the authority aforesaid, That the courts of equity and appeals shall be holden in Charleston at the times following, instead of the times now established by law, that is to say: the courts of Equity to sit on the third Monday in February, and the court of Appeals on the second Monday in March; any law to the contrary hercof notwithstanding. XI. And be it further enacted by the authority aforesaid, That all Acts or parts of Acts repugnant to this Act, be, and the same are hereby, repealed. In the Senate House, the nineteenth day of December, in the year of our Lord one thousand eight hundred and ten, and in the thirty-fifth year of the Sovereignty and Independence of the United States of America. SAMUEL WARREN, President of the Senate. JOHN GEDDES, Speaker of the House of Representatives. A. D. 1811. AN ACT TO REGULATE THE COURTS HELD BY THE ASSOCIATE JUDGES No. 1990. THEREIN MENTIONED. WHEREAS, in and by the third section of the tenth Article of the constitution of this State, it is declared "that at the conclusion of the circuits, the judges shall meet and sit at Columbia, for the purpose of hearing and determining 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. From Columbia they shall proceed to Charleston, and there hear and determine all such motions for new trials and in arrest of judgment, and such points of law as may be submitted to them." And whereas, in and by the Act of the General Assembly of this State, passed at Columbia on the twentyfirst day of December, in the year of our Lord one thousand seven hundred and ninety-nine, entitled "An Act supplementary to an Act entited An Act to establish an uniform and more convenient system of judicature," it is among other things therein contained and enacted, "that all the associate judges of this State, shall meet at Columbia on the Tuesday next after the conclusion of the circuits in every year, for the purpose of determining all motions which may be made for new trials, in arrest of judg ments, and such points of law as may be submitted to them; but no such courts 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 in any cause in any of the district courts of this State, ever sit and 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 the judges aforesaid, in all matters of law by them decided on demurrer, Preamble. A. D. 1811. recorded. Acts relating to Courts. special verdict, or motion in arrest of judgment, each shall give his opinion separately, with the reasons thereof in writing, and subscribe the same, that it may be kept with the record; and every judge shall, when thereunto required, sign and seal a bill of exceptions." And whereas, the true intent and meaning of the above recited section of the aforesaid Article of the constitution of this State, demonstrates that there should be an exact and direct conformity in the meeting and sitting of the judges aforesaid, for the purpose aforesaid, both at Columbia aforesaid, and at Charleston aforesaid, that one and the same measure of justice may pervade the State. I. Be it therefore enacted and declared, 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 above recited clause of the Act of the General Assembly aforesaid, ought to be extended, and the same is hereby extended in every particular, to the meeting and sitting of the associate judges aforesaid, for the purposes aforesaid, at Charleston aforesaid, on their said adjournment to Charleston from Columbia aforesaid, in the same manner, to all intents and purposes, as is above directed with respect to their meeting and sitting at Columbia aforesaid, at the conclusion of the circuits. II. And be it further enacted by the authority aforesaid, That for the Opinions to be purpose of rendering the same as beneficial as possible to the citizens of this State, proper and fit books shall be provided and kept by the clerks of the said courts respectively, both at Columbia aforesaid, and at Charleston aforesaid, whose respective duty it shall be to record therein the opinions of the judges aforesaid, so as aforesaid directed to be given by them in writing, and which written opinions of the said judges shall be duly filed and kept together by the said clerks respectively, in their said offices, instead of being kept and filed with the records as above directed, that they may hereafter be forthcoming and subject to the further disposal of the General Assembly of this State; and for recording thereof in the books to be kept for that purpose as aforesaid, each of the clerks of the said courts shall be allowed and paid by the State the same recording fees as the clerks of the district courts are entitled to for the recording of judicial proceedings in their respective offices. That the citizens of this State shall have access to the said books as freely as to other books of record in any of the public offices of this State; that fit and proper indexes to the said books be correctly kept by the said clerks in their respective offices; that the said books be furnished to the said clerks at the expense of the State, and be continued in the said offices respectively by them, as the property of the State; and that it shall be the duty of the said clerks respectively, whenever thereunto required, to furnish exact copies therefrom or of any part thereof, to such person or persons as may have occasion to demand the same, and which clerks respectively shall be entitled to demand and receive of and from such person or persons for such transcript thereof, the same fees as the clerks of the district courts of this State are entitled to for the exemplifications of their judicial records. III. And be it further enacted by the authority aforesaid, That the judges aforesaid, at their meeting and sitting for the purposes aforesaid, both at Columbia aforesaid and at Charleston aforesaid, shall respectively give their reasons in writing, either for granting or refusing new trials, on such motions for that purpose as may be submitted to them, which shall also be recorded in manner aforesaid, and be subject in every respect to the regulation aforesaid. Acts relating to Courts. A. D. 1811. Decisions to be IV. And whereas, in and by an Act of the General Asssembly of this State, passed on the fifteenth day of December, one thousand eight hun- in writing, and dred and eight, entitled "An Act for the arrangement of the sitting of the recorded." Courts of Equity; for the establishment of a Court of Appeals for the same, &c." such courts of appeals have been established, to be holden at Charleston court house, and at Richland court house; and it is thereby declared to be the duty of all the judges of the court of equity, to attend at the said courts or appeal, and to hear and to try all appeals that may be brought up to the said courts respectively; but that the suitors of the said courts of equity and others, may know the grounds and reasons whereon the decisions of the said courts of appeals shall be made, Be it further enacted by the authority aforesaid, That the grounds and reasons on which the decisions on those appeals respectively, shall be made by the said judges, shall be given and subscribed by them in writing, and shall be recorded at Charleston by the register of the court of equity there, who shall also be register of the court of appeals so as aforesaid directed to be held at Charleston court house; and at Columbia, by the commissioner of the court of Equity for Columbia district, who shall also be register of the court of appeals so as aforesaid directed to be held at Richland court house; and who shall, respectively, keep proper books for that purpose, which shall be indexed in such a manner that the decisions therein recorded shall be properly and readily come at; which books shall be furnished at the public expense, and belong to the public as the property thereof; and the registers of the said courts of appeals, shall be entitled to fees for their services therein, which shall be regulated, as near as may be, by the fees allowed for similar services to the register and commissioner of the courts of equity. V. And whereas, by the act of the General Assembly last aforesaid, the court of equity for Charleston district was directed to be held at Charles. Appeal Courts, ton court house on the third Monday in February and the first Monday in when to sit. November in every year, and the court of appeals was directed to be held there on the first Monday in January and on the second Monday in March in every year; but by an Act entitled "An Act establishing a Court of Equity for the district of Beaufort, &c." passed on the nineteenth day of December, one thousand eight hundred and ten, it is enacted that the courts of equity and appeal shall be holden in Charleston at the times following, instead of the times theretofore established by law, that is to say:-the court of equity to sit on the third Monday in February, and the court of appeals on the second Monday in March; and as it is manifestly an error as to the last mentioned regulation, Be it therefore enacted That the said regulations, as far as respects the times of the sitting of the said courts, be hereby repealed, and that hereafter, the court of equity for Charleston district shall be held at Charleston court house aforesaid, on the third Monday in February and on the second Monday in November in every year; and that the said court of appeals shall be held there on the first Monday in January and on the second Monday in March in every year; the said law or any other laws to the contrary thereof in any wise notwithstanding. VI. And be it further enacted by the authority aforesaid, That an Act entitled "An Act to prescribe, on the part of this State, the times, places and manner of holding elections for Representatives in the Congress of the United States," passed in the year one thousand eight hundred and two, be, and same is hereby, repealed. VOL. VII.-40. A. D. 1812. Acts relating to Courts. VII. And be it further enacted by the authority aforesaid, That from and after the conclusion of the next eastern circuit, the courts of general sessions and common pleas shall be holden at the times following, instead of the times now established by law, that is to say:-at Williamsburgh for Williamsburgh district, on the third Mondays in March and October in every year; at Horry court house for Horry disirict, on the fourth Mondays in March and October in every year; at Georgetown, on the first Monday after the fourth Mondays in March and October in every year; at Jacksonborough, for Colleton district, on the second Tuesday after the fourth Mondays in March and October in every year; at Coosawhatchee, for Beaufort district, on the third Monday after the fourth Mondays in March and October in every year; and all writs and other process of law whatsoever, which shall have been made returnable in the respective courts above mentioned, according to the heretofore existing law, shall be, to all intents and purposes whatsoever, legally returnable on the day on which the aforesaid courts are respectively authorized by this Act to sit; any law, custom or usage to the contrary thereof in any wise notwithstanding; and all persons who have been summoned to meet on any other day shall attend, and they are hereby required to attend, on the days appointed by this Act. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and eleven, and in the thirty-sixth year of the Independence of the United States of America. SAMUEL WARREN, President of the Senate. JOHN GEDDES, Speaker of the House of Representatives. No. 2004. AN ACT TO EXTEND THE PROVISIONS OF AN ACT ENTITLED "AN ACT TO ALL 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 immediately from and after the passing of this Act, the provisions of an Act entitled "An Act to remedy the defects of the court of ordinary, in the several districts where there are no county courts, as to matters and cases in which the ordinaries of those districts may be respectively interested," passed on the seventh day of March, one thousand seven hundred and eighty-nine, shall be, and the same are hereby, extended to each and every circuit court district throughout this State. In the Senate House, the twenty-ninth day of August, in the year of our Lord one thousand eight hundred and twelve, and in the thirty-seventh year of the Independence of the United States of America. SAMUEL WARREN, President of the Senate. JOHN GEDDES, Speaker of the House of Representatives. |