South Carolina - Legislative Acts Creating Counties / Districts

An Act to Establish a New Judicial and Election County from a Portion of Charleston County, to be Known as the County of Berkeley, to Ascertain and Define the Boundaries of Said County, and to Provide For and Fix the Salaries of the County Officers Thereof.

January 31, 1882

Acts and Joint Resolutions of the General Assembly of South Carolina 1881-1882, Pages 682-684.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That a new Judicial and Election County be, and the same is hereby, formed from a portion of the County of Charleston, to be known and designated the County of Berkeley.

SEC. 2. That the boundaries of the said County shall be as follows: Eastwardly, northeastwardly, and north by the Santee River, separating it from the Counties of Georgetown, Williamsburg, and Clarendon; north also by Orangeburg; west, northwestwardly, and west by Colleton County; south and southwestwardly by the County of Charleston; and that it shall include within its limits all of the subdivisions formerly known as the Parishes of St. John’s Berkeley, St. John’s Colleton, St. Stephen's, St. Thomas’, and St. Dennis’, St. James’ Goose Creek, and, saving as is hereinafter excepted, the Parishes of St. James’ Santee, Christ Church, and St. Andrew’s.

SEC. 3. That the boundaries of the County of Charleston shall be within the lines following, that is to say: Beginning at the mouth of Stone River, up the said river to, along, and through Wappoo Cut to Ashley River; thence along the west bank of Ashley River to a point opposite the old line of the Parish of St. Philip on the north; thence across Ashley River and Charleston Neck, on the said Parish line, to Cooper River; thence down Cooper River, through Hog Island Channel, to the point of land at the extremity of Haddrell’s Point seaward; thence along and skirting the marsh at high-water mark on the main land, following the line of the shore until it reaches the mouth of Awendaw Creek, and thence by the shortest line northeastwardly to the South Santee River, so as to include the village of McClellansville, then down the South Santee River to the Ocean, to the limit of the jurisdiction of the State; and thence southwardly along the line of the jurisdiction of the State to a point opposite the mouth of the Stone River, thence to the first point of departure.

SEC. 4. That immediately upon the approval of this Act, the Governor shall appoint a Board, consisting of nine persons, one from each of the subdivisions known as Parishes, out of which the said County of Berkeley is hereby formed, and one a citizen of some other County than either of the Counties of Charleston or Berkeley, which said Board shall select, by a vote of the majority of them, a suitable place as the site of the County seat of the County of Berkeley. The said Board shall report their selection to the Governor, who thereupon shall, by proclamation, announce the result thereof, and the place so selected shall be the County seat of the County of Berkeley. The said Board shall hold their meetings at such times and place as shall be designated by the Governor.

SEC. 5. That until the next apportionment of Representatives the County of Berkeley shall be entitled to five Representatives and the County of Charleston to twelve Representatives.

SEC. 6. That at the next general election, an election shall be had in the said County of Berkeley for members of the General Assembly, and for the regular County ofiicers provided by the Constitution, and that the voting precincts established by law for that portion of the County of Charleston herein made the County of Berkeley, shall be the voting precincts of the County of Berkeley.

SEC. 7. That the bonds of the County officers of Berkeley County shall be in the penal sums following, that is to say: The Sheriff in the sum of fifteen thousand dollars; the Clerk of the Court in the sum of ten thousand dollars; the Judge of Probate in the sum of five thousand dollars; the County Commissioners each in the sum of five thousand dollars.

SEC. 8. The Register of Mesne Conveyance for Charleston County shall also be the Register of Mesne Conveyance for Berkeley County, and all deeds and other instruments of writing provided by law to be recorded, as far as the said County of Berkeley is concerned, shall be recorded in the oflice of the said Register.

SEC. 9. All Acts and parts of Acts providing exceptional compensation by way of salary for the County Commissioners of Charleston County and of their Clerk, are hereby repealed.

SEC. 10. The Auditor of Berkeley County shall receive the same compensation as is provided for the County Auditor of the Counties of Abbeville, Marion, and Richland; and the Treasurer of said County the same compensation as is provided for the County Treasurer of all other Counties in this State except Charleston County.

SEC. 11. That the County of Berkeley be and the same is hereby attached to the second Congressional District, and shall form a part of the first Judicial Circuit. And that the Court of General Sessions for the said County shall be held on the first Monday in February, June, and November, and the Court of Common Pleas on the Wednesday succeeding the first Mondays in February and November. The Court of General Sessions for the County of Charleston shall be held on the third Mondays in February, June, and November, and the Courts of Common Pleas on the fourth Mondays in February, June, and November.

SEC. 12. From and after the thirty-first day of October, 1882, all suits pending in the County of Charleston in which all the defendants reside in that portion of the said County now established as the County of Berkeley, and all indictments pending in the County of Charleston, charging an offence committed in that portion of said County, shall be transferred to the Calendars of the Court of the County of Berkeley; and all records, commissions, and other papers belonging to any of the said suits or indictments, together with all the legal incidents thereto appertaining, shall be transferred to the Clerk of the Court of the said County of Berkeley.

SEC. 13. The Governor is hereby authorized to appoint a commission of four persons, two of whom shall be resident in the city of Charleston, and two resident of that portion of the County of Charleston now established as the County of Berkethley; such said Commission shall divide and apportion between the two Counties the present bona fide debt of Charleston County, regard being had to the public property of the said County, and the proper interests of the two Counties therein; and in case the said Commission should be equally divided upon any question or questions arising in theirdeliberations, the same shall be submitted to and decided by any umpire to be selected by them, or a majority of them, for that purpose.

SEC. 14. That this Act shall take effect from the first day of November, A. D. 1882, except as to the provisions of Section four of this Act.

In the Senate House, the thirtieth day of January, one thousand eight hundred and eighty-two.

J. D. KENNEDY, President of the Senate.
J . C. SHEPPARD, Speaker House of Representatives.

Approved January 31st, A. D. 1882.

JOHNSON HAGOOD, Governor.



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