South Carolina - Legislative Acts Creating Counties / Districts

The 1895 Constutional Convention of South Carolina approved an "Ordinance" authorizing the creation of Saluda County, and it can be found in the Journal of the Constitutional Convention of South Carolina in 1895 and directly below.

In 1896, the 61st General Assembly of South Carolina passed a new Legislative Act affirming and modifiying the ordinance. The full text of the 1896 Act follows immediately after this 1895 Ordinance.

An Ordinance to Establish a New Judicial and Election County from a Portion of the Territory of Edgefield County, to be Called Saluda, with Boundaries as Hereinafter Described. 

September 13, 1895 

Journal of the Constitutional Convention of South Carolina 1895 - Pages 75-77

We. the people of the State of South Carolina, by our delegates in Convention met, do ordain:

1. That a new judicial and election county, which shall be known as Saluda County, shall be formed, and is hereby authorized to be formed, with the following boundaries, to wit:

Beginning at the center of Big Saluda River at a point opposit the corner of Edgefield and Lexington Counties, thence the Edgefield and Lexington line to the corner of Lexington and Aiken Counties, thence the Edgefield and Aiken Line to where the public road crosses said line near Lybrand's Old Mill, thence a straight line to where the Long Cane Road intersects the public road from Johnston to Ward's at Jack Lott's, thence by the Cane Road to where it crosses Mountain Creek at point called Double Bridges, thence along the Northwestern boundary of Pine Grove Township to the point on the old Charleston and Cambridge Road to where it crosses Halfway Swamp Creek, thence down the middle of Halfway Swamp Creek to a point in the middle of Saluda River opposite the mount of said Creek, thence down the middle of Big Saluda River to the initial point, and the trerritory embraced within the said line shall be known as the County of Saluda.

2. That J.H. Edwards, B.W. Crouch, Alvin Etheredge, P.C. Stevens and Geo. B. Lester be, and are hereby, appointed Commissioners to have the boundaries of said new County of Saluda as above indicated surveyed and propery marked, as well as to designate and establish the County Seat and to provide suitable buildings for the several Couort and County officers, and to select and purchase or procure sites for the usual public buildings, and to contract for and superintend the erection of the Court House and Jail thereon, and said public bujildings shall be built at the expense of the citizens of said County of Saluda; and to meet the said demands a special tax, not exceeding two mills on the dollar of the assessed value of real and personal property in said County, be levied by the proper County officers hereinafter provided for in accordance with the laws now in force regulating the assessment and collection of taxes.

3. That an election shall be held in the County of Saluda on Tuesday following the first Monday in November, A.D. 1896, or on such other day as may be provided by law hereafter, for members of the General Assembly and for the regular County officers provided for by the Constitution and laws of the State.

4. That until the next apportionment of Representatives the said County of Saluda shall be entitled to two Representatives.

5. That the voting precincts heretofore established by law in that portion of Edgefield County embraced in the limits of Saluda County shall be the precincts of Saluda County.

6. That the County of Saluda be, and is hereby, attached to the Second Congressional District, and shall form part and parcel of the Fifth Judicial Circuit, and that the regular terms of the Courts of General Sessions shall be held on _______________, and that the Trial Justices located in that portion of Edgefield County embraced in the limits of Saluda County shall be continued in office until their successors shall have been appointed and qualified: Provided, however, That from and after the time this ordinance goes into effect they shall be confined and limited in their official capacity, duty and power to said limits of Saluda County.

7. That from and after the first day of December, A.D. 1896, all suits pending in the Courts of Edgefield of which the defendants reside in that portion of said County now established as the County of Saluda, and all indictments pending in the said County of Edgefield where the offense was committed in that part of said County now established as the County of Saluda; 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 Court of the County of Saluda.

8. That the Governor be, and he is hereby, authorized and empowered to appoint a Commission of five persons, two of whom shall be residents of the new County of Edgefield, two residents of the new County of Saluda and one resident of some other County of the State, which said Commission shall divide and apportion the two Counties herein provided for the present lawful and bona fide indebtedness of the old County of Edgefield, having regard to the amount of unpaid taxes due to the County of Edgefield.

An Act Pursuant to the Ordinance to Establish a New Judicial and Election County from a Portion of the Territory of Edgefield County, to be Called Saluda County, with the Boundaries as Hereinafter Described, and to Provide for Jurisdiction of Courts, Issue of Bonds, Receipt of Bids for Location of County Seat, and to Provide for Tax Levy Therein.

No. 118 - February 25, 1896.

Acts and Joint Resolutions of the General Assembly of South Carolina 1896, Pages 248-254

SECTION 1. Be it enacted by the General Assembly of the State of South Carolina, That a new judicial and election County, which shall be known as Saluda County, is formed, with the following boundaries, to wit: Beginning at the centre of Big Saluda River at a point opposite the corner of Edgefield and Lexington Counties, thence the Edgefield and Lexington line to the corner of Lexington and Aiken Counties, thence the Edgefield and Aiken line to a point three miles North of where the public road crosses said line near Lybrand's old mill, thence a straight line to ten-mile post on public highway leading from Edgefield to Columbia, near the residence of J. W. L. Bartley, thence a straight line to the junction of the public road leading from Pleasant Cross with the Long Cane Road near Wm. Lott's, thence by the Long Cane Road to Matt Mathis's Cross Roads, thence a straight line to Owdom's Post Office, thence a straight line to Little Red Hill School House near Dr. Landrum's old place, thence a straight line to a point on the Northwestern line of Pine Grove Township, one mile North of Double Bridges, thence along the Northwestern boundary of Pine Grove Township to the point on the old Charleston and Cambridge road where it crosses Halfway Swamp Creek, thence down the middle of Halfway Swamp Creek to a point in the middle of Saluda River opposite the mouth of said creek, thence down the middle of Big Saluda River to the initial point; and the territory embraced within the said lines shall be known as the County of Saluda.

SECTION 2. That J. H. Edwards, B. W. Crouch, Alvin Ethredge, P. C. Stevens, B. L. Caughman, James P. Bean, C. P. Boozer, J. R. Watson and J. B. Suddath are appointed Commissioners to have the boundaries of said new County of Saluda, as above indicated, surveyed and properly marked, as well as to designate and establish the County seat: Provided, That the County seat shall be located within three (3) miles of the geographical centre of the County, to be ascertained by drawing diagonal lines from the four corners of the County and taking the point of crossing as such centre, the particular site to be decided by vote of the people in said County at an election which shall be held in accordance with law by order of the Governor; and to provide suitable buildings for the several Court and County officers, and to select and purchase or procure sites for the usual public buildings, and contract for and superintend the erection of the court house and jail thereon, and said public buildings shall be built at the expense of the citizens of the said County of Saluda as hereafter provided in this Act.

SECTION 3. That an election shall be held in the County of Saluda on Tuesday following the first Monday in November, A. D. 1896, or on such other day as may be provided by law, for members of the General Assembly and for the regular County officers provided for by the Constitution and laws of the State.

SECTION 4. That until the next apportionment of Representatives the said County of Saluda shall be entitled to two Representatives.

SECTION 5. That the voting precincts heretofore established by law in that portion of Edgefield embraced in the limits of Saluda County shall be the precincts of Saluda County until changed in the name and boundaries as hereinafter provided.

SECTION 6. That the County of Saluda is attached to the Second Congressional District, and shall form part and parcel of the Fifth Judicial Circuit. and that the regular terms of the Courts of General Sessions and Common Pleas shall be held at such times as shall be fixed by law, and that the Trial Justices located in that portion of Edgefield County embraced in the limits of Saluda County shall be continued in office until their successors shall have been appointed and qualified as hereinafter provided for: Provided, however, That from and after the time this Act goes into effect they shall be confined and limited in their official capacity, duty and power to said limits of Saluda County.

SECTION 7. That from and after the first day of December, A. D. 1896, all suits pending in the Courts of Edgefield of which the defendants reside in that portion of said County now established as the County of Saluda, and all indictments pending in the said County of Edgefield where the offense was committed in that part of said County now established as the County of Saluda, shall be transferred to the calendars of the Courts of the said County of Saluda; 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 Saluda.

SECTION 8. That the Governor is authorized and empowered to appoint a Commission of five persons, two of whom shall be residents of the County of Edgefield, two residents of the new County of Saluda and one resident of some other County of the State, which said Commission shall divide and apportion between the said two Counties the present lawful and bona fide indebtedness of the old County of Edgefield, having regard to the amount of unpaid taxes due to the said County of Edgefield.

SECTION 9. That the Commissioners named in Section 2 of this Act shall be the proper corporate authorities of Saluda County and of each of the townships thereof and therein for the purposes of this Act until after the duties imposed upon them by this Act and by the ordinance of the late Constitutional Convention appointing them have been fully performed or imposed upon others; and in case of the death, removal, disability or disqualification of any one or more of them, the others shall be vested with the full authority of the whole in the premises, and they shall have the power to organize and elect their own necessary officers, and to remove them by a majority vote of the members. They shall keep minutes of their meetings and proceedings and decisions. They shall procure and keep a seal of their office.

SECTION 10. The Commissioners referred to in Section 2 of this Act are hereby authorized and empowered and in their discretion to have Saluda County laid off and divided into new townships of convenient number, as nearly rectangular as practicable, and to suitably name or number the new townships, and to locate and name or number the voting precincts and school districts of Saluda County, and to have a map showing the result of their decision and conclusion in that regard, and the lines and localities and names as fixed by them shall be the lines, localities and the names of the townships, voting precincts and school districts of Saluda County until otherwise provided by law.

SECTION 11. That the said Commissioners named in Section 2 of this Act are hereby authorized and empowered to receive gifts and grants for the benefit of the County of Saluda as inducements for the selection of particular Constitutional sites for the County Seat, and to enter into proper contracts therefor, and to enforce the same according to their terms and conditions, and that they do acquaint the people by advertisement of the value of the offers made, so that the vote may be cast intelligibly as to the location of the County Seat. That they may take conveyances to themselves of lands or personal property by way of a bonus for the County, and may by a majority of said Commissioners execute deeds and conveyances to third parties in their own name as Commissioners in carrying out sales made or to be made by them of any property received by them as aforesaid for the use of said County of Saluda.

SECTION 12. That the Clerk of the Court, Register of Mesne Conveyances, Judge of Probate, Sheriff, County Supervisor and the County Board of Commissioners, the School Commissioner, Jury Commissioner, and the Court of Common Pleas and the Court of General Sessions, and all other County officials and Courts of Edgefield County, as it stood and was organized prior to the formation of the County of Saluda, shall have full jurisdiction and power in and over the people and the territory embraced within the lines of Saluda County until after the officers shall have been appointed or elected, as the case may be, and qualified for and in the County of Saluda, and until the records shall have been removed to the County of Saluda, as provided for in this Act and in said ordinance: Provided, That the Auditor of Edgefield County shall make up a set of books and take tax returns for Saluda County separately, and that the Treasurer of Edgefield County shall keep the taxes collected for Saluda County separately, until the Treasurer for Saluda County be appointed and qualified, to whom he shall then at once turn over all funds for Saluda County.

SECTION 13. That the County Board of Commissioners of Edgefield County shall immediately make proper estimates for a sufficient tax levy for Saluda County for the current fiscal year and present the same to the Legislature at its present session, including a sum sufficient to meet the annual interest on bonds hereinafter provided to be issued.

SECTION 14. That the said Commissioners named in Sections 2 and 9 of this Act be, and they are hereby, authorized to issue the bonds of Saluda County in convenient denominations, not to exceed twenty thousand dollars in the aggregate, to run twenty years, bearing a rate of interest not to exceed six per cent. per annum, payable annually, and to advertise for and receive sealed cash bids for said bonds, no bid to be accepted for less than par, and to sell said bonds to the highest bidder, to raise a fund to erect suitable County buildings, and to defray other expenses required by this Act and by the Constitutional Convention ordinance which this Act is intended to carry out, which fund, with all other moneys received by them, shall be by them deposited with the County Treasurer of Edgefield County, subject to the check or draft of a majority of said Commissioners countersigned by the secretary of said Commissioners, until the County Treasurer of Saluda County shall have beeen appointed and shall have qualified, when it may be drawn out in the same manner. That the County Board of Commissioners this year of Edgefield County shall levy and have collected a sufficient tax from the property of Saluda County to promptly meet the annual interest on said bonds and expenses of survey and per diem of Commissioners named in Section 2 of this Act ; and the County Board of Commissioners of Saluda County, and their successors, shall annually levy and collect a sufficient tax on the property of Saluda County to pay the interest on said bonds when the same is due, and at a convenient time before the maturity of said bonds they shall levy and have collected a sufficient additional tax to create a sinking fund to pay up said bonds at their maturity.

SECTION 15. That the County Treasurer and the County Auditor of Edgefield County shall receive such compensation for the duties herein imposed as shall be agreed upon between the said Commissioners and themselves, and if no agreement can be reached then said duties shall be performed without compensation.

SECTION 16. That the said Board of Commissioners provided for in Section 2 may reserve compensation for themselves for their services, at a rate not to exceed one dollar per day and mileage at five cents per mile one way for each and every day while actually engaged in the performance of their duties imposed by this Act or by said ordinance.

SECTION 17. That this Act shall take effect immediately upon its approval.

SECTION 18. That all Acts or parts of Acts inconsistent with this Act be, and they are hereby, repealed.

SECTION 19. That as soon as the Commissioners shall have divided the County of Saluda into convenient townships the Governor shall appoint Magistrates for said County, to be located and to receive compensation as provided by law.

Approved the twenty-fifth day of February, A. D. 1896.



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