Acts relating to Courts.

the year of our Lord one thousand eight hundred and twenty-four, establishing a court of appeals, be, and the same is hereby, repealed.

A. D. 1835.

Appeal judges.

II. That from among the judges of the court of appeals, as heretofore constituted, two shall be designated, by ballot of both branches of the Disposal of the Legislature, who shall hereafter perform the duties of chancellors, and the remaining judge shall perform the duties of a judge of the courts of law.

chaucellors,

III. That the law judges and chancellors shall meet and sit at the times and places hereinafter specified, for the purpose of holding the court of Duty of law appeals in hearing and determining all motions which may be made for judges and new trials and in arrest of judgment, and such points of law and equity as may be submitted to them, with the same powers now exercised by the court of appeals; Provided, that not less than a majority of the law judges and a majority of the chancellors shall hold said court; and Provided also, that no chancellor or law judge by or before whom a cause may be heard or tried, shall exercise appellate jurisdiction thereupon in said

court.

circuits.

IV. That the several courts of common pleas and sessions in the State, shall be, and they are hereby, arranged into six circuits, in the following man- Courts of com ner, that is to say :-the several courts for the districts of Richland, Orange- mon pleas arburgh, Barnwell, Beaufort and Colleton, shall form the southern circuit; the ranged into several courts for the districts of Abbeville, Edgefield, Newberry and Lexington, shall form the south-western circuit; the several courts for the districts of Pickens, Anderson, Greenville, Spartanburgh and Laurens, shall form the western circuit; the several courts for the districts of Union, York, Chester, Lancaster and Fairfield, shall form the middle circuit; the several courts for the districts of Chesterfield, Kershaw, Sumter, Darlington and Marlborough, shall form the northern circuit; and the several courts for the districts of Charleston, Williamsburgh, Marion, Horry and Georgetown, shall form the eastern circuit.

V. That the several courts of common pleas and sessions shall hereafter be held at the following periods, that is to say at Columbia, for Richland Periods when district; at Abbeville court house, for Abbeville district; at Pickens court to be held. house, for Pickens district; at Union court house, for Union district; and at Chesterfield court house, for Chesterfield district; on the first Monday in October, and the second Monday in March, in every year; at Orangeburgh court house, for Orangeburgh district; at Anderson court house, for Anderson district; at York court house, for York district; and at Camden, for Kershaw district, on the the second Monday in October, and the third Monday in March, in every year; at Barnwell court house, for Barnwell district; at Greenville court house, for Greenville district; at Chester court house, for Chester district; and at Sumter court house, for Sumter district; on the third Monday in October, and the fourth Monday in March, in every year; at Walterborough, for Colleton district; at Newberry court house, for Newberry district; at Spartanburgh court house, for Spartanburgh district; at Lancaster court house, for Lancaster district; and at Darlington court house, for Darlington district; on the fourth Monday in October, and the first Monday after the fourth Monday in March, in every year; at Coosawhatchee, for Beaufort district; at Lexington court house, for Lexington district; at Laurens court house, for Laurens district; at Winnsborough, for Fairfield district; and at Marlborough court house, for Marlborough district; on the first Monday after the fourth Monday in October, and the second Monday after the fourth Monday in March, in every year; at Williamsburgh court house, for Williamsburgh district,

A. D. 1835.

held.

Acts relating to Courts.

on the fourth Mondays in March and October; at Conwayborough, for Horry district, on the first Monday after the fourth Monday in March and October; at Georgetown, for Georgetown district, on the second Monday after the fourth Monday in March and October; at Marion court house, for Marion district, on the third Monday after the fourth Monday in March and October, in every year, for one week at each term, unless the business of said courts, respectively, shall be sooner dispatched; at Edgefield court house, for Edgefield district, on the second Monday in October, and the third Monday in March, in every year, for two weeks at each term; and at Charleston, for Charleston district, on the fourth Monday in January, for three weeks, and on the second Monday in May, for six weeks, and on the first Monday in October, for two weeks, in every year, unless the business thereof shall be sooner dispatched.

VI. That the several courts of equity in the State shall hereafter be Courts of equi- holden twice annually, at the following periods, that is to say :-at Edgety, when to be field court house, for Edgefield district; and at Spartanburgh court house, for Spartanburgh district, on the fourth Monday in January, and the first Monday in June; at Columbia, for Richland district, on the fourth Monday in January, and the second Monday after the fourth Monday in June, in every year, for one week at each term, unless the business of said courts, respectively, shall be sooner dispatched. At Abbeville court house, for Abbeville district; and at Union court house, for Union district, on the first Monday after the fourth Monday in January, and the second Monday in June; and at Lexington court house, for Lexington district, on the first Monday after the fourth Monday in January, and the first Monday after the fourth Monday in June, in every year, for one week at each term, unless the busines of said courts, respectively, shall be sooner dispatched. At Georgetown, for Georgetown district, on the first Monday after the fourth Monday in January, and the fourth Monday in April, in every year, for one week at each term, unless the business thereof shall be sooner dispatched. At York court house, for York district, on the second Monday after the fourth Monday in January, and the third Monday in June; at Orangeburgh court house, for Orangeburgh district, on the second Monday after the fourth Monday in January, and the fourth Monday in June, in every year, for one week at each term, unless the business of said courts, respectively, shall be sooner dispatched. At Anderson court house, for Anderson district; and at Williamsburgh court house, for Williamsburgh district, on the second Monday after the fourth Monday in January, and the third Monday in June, in every year, for two days at each term. At Pickens court house, for Pickens district; and at Marion court house, for Marion district, on the Thursday next after the second Monday after the fourth Monday in January, and the Thursday next after the third Monday in June, in every year, for three days at each term, unless the business of said courts shall, respectively, be sooner dispatched. At Greenville court house, for Greenville district; at Chester court house, for Chester district; and at Darlington court house, for Cheraw district, on the third Monday after the fourth Monday in January, and on the fourth Monday in June; and at Barnwell court house, for Barnwell district, on the third Monday after the fourth Monday in January, and the third Monday in June, in every year, for one week at each term, unless the business of said courts, respectively, shall be sooner dispatched. At Laurens court house, for Lau. rens district; at Winnsborough, for Fairfield district; and at Sumter court house, for Sumter district, on the fourth Monday after the fourth Monday

Acts relating to Courts.

in January, and the first Monday after the fourth Monday in June; and at Walterborough, for Colleton district, on the fourth Monday after the fourth Monday in January, and the second Monday in June, in every year, for one week at each term, unless the business of said courts, respectively, shall be sooner dispatched. At Newberry court house, for Newberry district; at Lancaster court house, for Lancaster district; and at Camden, for Kershaw district, on the fifth Monday after the fourth Monday in January, and the second Monday after the fourth Monday in June. At Coosawhatchee, for Beaufort district, on the fifth Monday after the fourth Monday in January, and the first Monday in June, in every year, for one week at each term, unless the business of said courts, respectively, shall be sooner dispatched; and at Charleston, for Charleston district, on the first Monday in January, for three weeks, and the first Monday after the fourth Monday in April, for five weeks, in every year, unless the business thereof shall be sooner dispatched.

A. D. 1835.

be held.

VII. That the law judges and chancellors shall meet to hold the court of appeals at Columbia, for all cases directed by law to be taken there, on the When courts of fourth Monday in November, for four weeks, unless the business thereof appeals shull shall be sooner dispatched; and on the third Monday in July, for as many weeks as may be necessary to dispatch the business thereof, in every year; and at Charleston, for all the cases directed by law to be taken there, on the first Monday in January, for four weeks, and on the fourth Monday in April, for four weeks, in every year, unless the business thereof shall be sooner dispatched

VIII. That the chancellors and law judges hereafter to be elected, shall Chancellors' receive, each, an annual salary of three thousand dollars.

and law judges' salary.

IX. That all writs and processes which shall have been made returnable to` the aforesaid courts respectively, according to the laws heretofore in force, Previous writs, shall be legal and valid to all intents and purposes; and the persons bound legal. thereby, shall attend on the days prescribed by this Act for the sitting of the aforesaid courts respectively.

witnesses

X. That all jurors and witnesses already summoned, or who shall here. after be summoned, to attend the said courts respectively, according to the Jurors and laws heretofore in force, shall be required to attend at the times herein fixed bound to atfor the sitting of the said courts respectively; and that all persons now tend. bound, or who shall hereafter be bound, in recognizance to appear at the said courts respectively, according to the laws heretofore in force, shall be required to appear at the times herein fixed for the sitting of the said courts respectively.

Solicitors as

XI. That the solicitors of the Southern, Northern, Eastern, Middle and Western circuits, who are now in office, or may hereafter be elected, shall signed to cirbe assigned to those seveveral circuits respectively, and that a solicitor shall cuits. be appointed by the Legislature for the south-western circuit, hereby established, who shall attend the courts assigned to the same, perform the several duties, be entitled to the same privileges, and receive the same salary and perquisites, as by law allowed to the other solicitors.

Repugnant

XII. That all Acts and parts of Acts repugnant hereto, are hereby re- Acts repealed. pealed.

In the Senate House, the eighteenth day of December, in the year of our Lord one thousand eight hundred and thirty-five, and in the sixtieth year of the Sovereignty

and Independence of the United States of America.

H. DEAS, President of the Senate.

PATRICK NOBLE, Speaker of the House of Representatives.

VOL. VII.-43.

A. D. 1836.

Acts relating to Courts.

No. 2677. AN ACT TO INCREASE THE JURISDICTION OF THE CITY COURT OF CHARLESTON; AND FOR OTHER PURPOSES.

Jurisdiction of city court.

Decrees and
Executions.

I. Be it enacted by 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 city court of Charleston shall, in addition to the powers and jurisdiction now vested in or possessed by it, have concurrent jurisdiction with the court of general sessions for Charleston district, of all cases of grand and petit larceny, and in all cases of misdemeanor, arising or committed within the limits of the said city, under any law or laws now in force, or hereafter to be passed, in this State; Provided, that nothing herein contained shall extend to any inhabitant of this State, (except transient persons,) not a resident of the said city of Charleston, and no person shall be construed to be a resident of the said city, unless he shall have resided in the said city three calendar months, prior to the commencement of the prosecution against him, or shall have resided within the said city four months during the year immediately preceding the commencement of such prosecution.

II. That all judgments and decrees, now or hereafter to be recovered and Of judgments, entered of record in the said city court of Charleston, and all executions, sued out or to be sued out thereon, and lodged in the office of the sheriff of the said court, shall have the same lien of binding efficacy and operative energy, on the property and persons of the parties defendant thereto, within the judicial district of Charleston, as if such judgments and decrees had been recovered and entered of record in the court of common pleas for the said district, and as if such executions had been lodged in the office of the sheriff of the said district; and it shall be the duty of the sheriff of the said district to execute and enforce all such executions, on property and persons lying or being without the limits of the said city, and within the said district; provided, such executions be first entered in the office of the sheriff of the said district, with an order, in writing, from the party suing out the same, or his attorney, endorsed thereon, directed to the said sheriff, and requiring him to execute the same, on person or property, as the case may be, without the limits of the said city, and within the said district, as aforesaid.

III. That all executions now sued out, or hereafter to be sued out, from of executions. the said city court of Charleston, shall be tested, made returnable, and be returnable, in like manner as is now directed by law in relation to executions sued out from the courts of general sessions and common pleas of this State.

Of Recorder.

IV. That it shall and may be lawful for the recorder of the said court, to grant a commission to examine any witnesses residing out of the city, when the testimony of such witnesses may be necessary in any cause depending in the said court.

In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and thirty-six, and in the sixty-first year of the Sovereignty and Independence of the United States of America.

PATRICK NOBLE, President of the Senate.

D. L. WARDLAW, Speaker of the House of Representatives.

Acts relating to Courts.

AN ACT TO ORGANIZE THE COURTS OF THIS STATE.

A. D. 1836.

No. 2681.

courts of law.

I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That Places and the several courts of law and equity in this State, shall hereafter be held at time of holding the times and places as follows, that is to say; for the courts of law: For the southern circuit: at Columbia, on the third Monday in March and Oc. tober; at Orangeburg, on the fourth Monday in March and October; at Barnwell court house, on the first Monday after the fourth Monday in March and October; at Walterborough, on the second Monday after the fourth Monday in March and October; at Coosawhatchie, or the seat of justice for Beaufort district, on the third Monday after the fourth Monday in March and October. For the south-western circuit: at Abbeville court house, on the third Monday in March, and second Monday in October; at Edgefield court house, on the fourth Monday in March, and third Monday in October; at Newberry court house, on the first Monday after fourth Monday in March, and fourth Monday in October; at Lexington court house, on the second Monday after fourth Monday in March, and first Monday after fourth Monday in October. For the western circuit: At Pickens court house, on the third Monday in March, and second Monday in October; Anderson court house, fourth Monday in March, and third Monday in October; at Greenville court house, on first Monday after fourth Monday in March, and fourth Monday in October; at Spartanburg court house, on the second Monday after fourth Monday in March, and first Monday after the fourth Monday in October; at Laurens court house, on third Monday after fourth Monday in March, and second Monday after fourth Monday in October. For the middle circuit at Union court house, on the third Monday in March, and second Monday in October; at York court house, on the fourth Monday in March, and third Monday in October; at Chester court house, on the first Monday after the fourth Monday in March, and fourth Monday in October; at Lancaster court house, on the second Monday after the fourth Monday in March, and the first Monday after the fourth Monday in October; at Winnsborough, on the third Monday after the fourth Monday in March, and second Monday after the fourth Monday in October. For the northern circuit: at Chesterfield court house, on the third Monday in March and October; at Kershaw court house, on the fourth Monday in March and October; at Sumter court house, on the first Monday after the fourth Monday in March and October; at Darlington court house, on the second Monday after the fourth Monday in March and October; at Marlborough court house, on the third Monday after the fourth Monday in March and October. For the eastern circuit: at Marion court house, on the fourth Monday in March and October; at Horry court house, on the first Monday after fourth Monday in March and October; at Williamsburg court house, on the second Monday after the fourth Monday in March and October; at Georgetown, on the third Monday after the fourth Monday in March and October; at Charleston, on the first Monday in January, for four weeks, and first Monday in May, for six weeks, and on the first Monday in October, for two weeks, for sessions business. The first day of the Term of the court of common pleas for Charleston district, in January ensuing, shall be return day, and all writs and processes issued to the said term, although another return day be named therein, shall be returnable on the first day of said term.

COURTS OF EQUITY.-At Charleston, on the first Monday in January