South Carolina - Legislative Acts Creating Counties / Districts

An Act to Establish Clarendon County as a Separate Judicial Districrt.

December 19, 1855

Acts of the General Assembly of the State of South Carolina Passed in 1855, Pages 416-419

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 first Monday in January, in the year of our Lord one thousand eight hundred and fifty-seven, Clarendon election County, constituting, at present, a part of Sumter Judicial District, be, and the same is hereby, established and declared to be a separate judicial District, to be called by the name of Clarendon District, with the same boundaries as provided for by an Act, ratified the twelfth day of March, in the year of our Lord one thousand seven hundred and eighty-five, eiititled "An Act for laying off the several Counties therein mentioned, and appointing Commissioners to erect the public buildings."

II. That R. C. Baker, L. F. Rhame, J. C. Brock, W. W. Owens, Joseph Spratt, J. C. Burgess, M. T. Brogdon, J. J. Nelson, Samuel A. Burgess, J. J. McFadden, Jesse Hill, R. R. Haynsworth and P. S. Warsham, be appointed Commissioners, who are hereby authorized, at the expense of the said District, to select and purchase and contract for a tract of land of not less than six acres nor more than sixty acres, upon which they shall lay out a village to be called "the Village of Manning," and determine the site of the public buildings; and that said Commissioners after reserving such portions of the tract so purchased as they may deem necessary for public purposes, are hereby authorized to sell the remainder at such time as they shall deem proper, at public auction, after three months' notice, upon such terms as to them shall appear most advantageous; and the proceeds of said sales shall be paid over to the Commissioners of Public Buildings for said District, and to be accounted for by them in their anuual reports to the courts.

III. That R. J. Manning, L. F. Rhame, J. B. Brogdon, J. J. Conyers and William A. Burgess be appointed Commissioners of Public Buildings for the District of Clarendon, who shall contract for and superintend the building of a court house and jail in the village of Manning, upon the sites selected by the Commissioners appointed by the preceding Section of this Act.

IV. That an election be held in Clarendon District on the second Monday in October next for the offices of Clerk, Sheriff and Ordinary for said District, at the same places, and conducted by the same Managers as the election for members of the General Assembly, and the said Managers shall, in all respects, conform to the provisions of the Act ratified on the twenty-first day of December, in the year of our Lord one thousand eight hundred and thirty-nine entitled "An Act prescribing the mode of electing Clerks, Sheriffs and Ordinaries," and the Acts amendatory thereto. And that the said officers so to be elected, shall enter upon the duties of their respective offices on the first Monday of January then ensuing, and shall continue in office for the term of four years, and until a successor may be elected and qualified.

V. That the Tax Collectors of Clarendon, Claremont and Salem, be, and they are hereby, required to prepare and furnish to the Sheriff of Sumter District, separate lists of persons residing in the limits of the Judicial Districts of Clarendon and Sumter, as provided by this Act, liable to serve as jurors, on or before the second Monday after the fourth Monday in October next; and the presiding Judge then in attendance shall cause to be drawn (or if he be absent, the Clerk and Sheriff,) therefrom, in the manner prescribed by law, the names of twenty-four persons to serve as grand jurors, and the names of forty-eight persons to serve as Common Pleas and petit jurors, from each of the lists for each of the said Districts respectively, at the first court thereafter to be holden for the same; which jurors, so drawn, are hereby declared, to all intents and purposes, lawful jurors to sit, try and determine all matters in said courts for said Districts respectively, at the next term of the court thereafter, that may be brought before them; and the Clerk of Sumter District is hereby authorized and required to issue separate lists of venire facias, directed to the Sheriffs of Clarendon and Sumter Districts respectively, who shall summon the jurors so drawn to appear and serve at their respective courts; and all jurors so summoned who shall fail to attend shall be subjected to the penalties provided by law for defaulters in such cases; and the said Clerk for Sumter District is further required to furnish and deliver to the Clerk who may be elected for Clarendon District the names remaining undrawn of the persons liable to serve as jurors, to be placed in the jury boxes of said District, from which to form and make out other jury lists for succeeding courts.

VI. That Sumter District, from and after the first Monday in January, in the year of our Lord one thousand eight hundred and fifty-seven, shall be confined and limited to the boundaries of Claremout election County, and that all the District officers of Sumter (except the Commissioner in Equity,) who shall be in office on that day, residing within the limits of the District of Sumter, as herein provided, shall be confined and limited in their official capacity, duty and power, to such District.

VII. That the District of Clarendon be, and the same is hereby, attached to the Middle Circuit, and that the Courts of Common Pleas and General Sessions, from and after the first Monday in January, in the year of our Lord one thousand eight hundred and fifty-seven, shall be holden at Sumter Court House, for the District of Sumter, on the second Monday after the fourth Monday in March and October of each and every year, to sit for one week at each term, if so much be necessary; and for Clarendon District on the third Monday after the fourth Monday of March and October in each and every year, at Clarendon Court House, to sit for one week at each term, if so much be necessary.

VIII. That the Magistrates and Constables residing in Clarendon District, who shall be in office on the first Monday in January, in the year of our Lord one thousand eight hundred and fifty-seven, shall be confined and limited in their official capacity, duty and power, to the said District of Clarendon.

IX. That the Clerk, Sheriff, and Ordinary, to be elected in purguance of this Act, for Clarendon District, shall, before entering upon the duties of their respective offices, be required to give bond, with sureties, as now required by law in other Districts, the Sheriff in the penal sum of twenty thousand dollars, the Clerk in the penal sum of eight hundred dollars, and the Ordinary in the penal sum of ten thousand dollars.

X. That the sum of ten thousand dollars be, and the same is hereby, appropriated for the building of a court house, and the further sum of eight thousand dollars lor the building of a jail in the said District of Clarendon, and that the Commissioners of Public Buildings, or a majority of them, appointed by this Act, or their successors, shall have power to draw the said appropriations as the same may be required for the erection of said buildings, after having first exhausted the fund derived from the sales of lots authorized to be made under the second Section of this Bill.

In the Senate House, the nineteenth day of December, in the year of our Lord one thousand eight hundred and fifty-five, and in the eightieth year of the sovereignty and independence of the United States of America.

ROBT. F. W. ALLSTON, President of the Senate.
JAMES SIMONS, Speaker House of Representatives.



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