South Carolina - Legislative Acts Creating Counties / Districts

An Act to Establish Cherokee County.

No. 345 - February 25, 1897

Acts and Joint Resolutions of the General Assembly of South Carolina 1897, Pages 588-595

WHEREAS, the qualified voters residing in certain portions of York, Union and Spartanburg Counties, as herein below described, have complied with all the conditions required by the Constitution and laws of this State regulating the formation of new Counties: now, therefore,

SECTION 1. Be it enacted by the General Assembly of the State of South Carolina, That a new judicial and election County, to be known as Cherokee County, is formed, with the following boundaries, to wit: Beginning at the mouth of Brown's Branch and running up branch 76.60 chains to near where G. W. Webster now lives, placing him in new County; thence S. 75, W. 66.23, to rock N. E. corner lot of Pacolet Manufacturing Company, at Brown's old mill; thence N. 63, W. 15.70, with line of said company's lot to rock; thence S. 45, N. 5.73, to maple; thence same course 87 links to Pacolet River; thence with said river up stream 7.36 to stake on Pacolet; thence N. 16 W., leaving H. L. C. Murphy in old County, _____ Hammett in new County, _____ Hammett school house near cross roads in old County, Miss Mary Brown in new County, 509.80 chains to stake one mile East of town of Cowpens; thence N. 24, W. 64, chains to line of Limestone Township; thence West with Limestone Township 80 chains to Southwest corner of said township; thence N. 116.80 chains with line of Limestone Township to marked line running N. 24 W.; thence N. 24 W. leaving Joel Petty and Cleveland Gossett in old County, passing through house of J. G. Powell, leaving Andy Norton in Spartanburg County, also house of Mrs. _____ Price, placing _____ Cash's house, Fate Martin in new County, passing through the store room of Finch Martin, but leaving his dwelling house in old County, leaving John Walker and Mrs. Cudd in Spartanburg County, 785.65 chains to stake on North Carolina line; thence with said line crossing Broad River, and continuing to corner of Cherokee Township in York County; thence South with East boundary of said township to stake; thence West to corner of said township on King's cCeek; thence down King's Creek to middle of Broad River; thence down Broad River to centre of river opposite Pacolet River; thence up Pacolet River to opposite Brown's Branch, beginning point; and the territory embraced in said lines shall be known as the County of Cherokee, and the County is hereby established at the town of Gaffney City and shall be known as Cherokee Court House.

SECTION 2. That N. W. Hardin, J. D. Jefferies, Sr., J. T. Morehead, W. C. S. Wood, J. B. Brown, J. E. Mosteller and R. P. Scruggs, who were duly elected Trustees of the people, are hereby made Trustees for said County of Cherokee, and are authorized, with their successors in office, to have the boundaries of said County marked as now surveyed, as well as to provide suitable buildings for the several Court and County officers and to receive and accept in the name and for the new County of Cherokee any bonds, obligations or bonus donated or hereafter given to procure such buildings at the County Seat; and until such buildings are erected to accept a lease of the City Hall of Gaffney City to be used for County purposes. Any bond, contract or lease heretofore executed by certain citizens of Gaffney City to the Trustees herein above named to Secure the erection of a court house and jail or to furnish buildings for court house or County purposes are hereby legalized and validated; and said Trustees are hereby authorized to sue for and collect the same according to the trusts and conditions thereof; and a majority of the Trustees named in this Section shall constitute a quorum for the transaction of business, and in the exercise of any and all the powers and duties vested in said Trustees by this Act shall be valid to all intents and purposes if such exercise of powers and duties be by a majority of the said Trustees present at a meeting, provided a quorum be present: Provided, That when the County Supervisor is elected and qualified and the County Board of Commissioners is legally organized for the County of Cherokee, the above named Trustees shall turn over to the aforesaid Board of Commissioners all bonds, contracts, obligations, leases and bonus in their hands and belonging to the said County of Cherokee, and then their powers and duties shall cease and the Board of County Commissioners shall then succeed to all the rights and powers of said Trustees: Provided, further, That said Trustees be, and they are hereby, required to execute a joint and several bond to the Comptroller-General in the penalty of fifteen thousand dollars, with sureties, to be approved by the Comptroller-General, conditioned for the faithful performance of their duties here under.

SECTION 3. That the Governor is hereby authorized and empowered to order an election in the County of Cherokee, to be held on the fourth Saturday in March, 1897, for the purpose of electing a Senator whose term shall be until the General Election to be held in 1898, a Clerk of Court of Common Pleas and General Sessions, County Superintendent of Education, County Supervisor, Judge of Probate, Coroner, and Sheriff, and to appoint such other officers as required by law, to make the County government complete, the aforesaid officers, when elected, to serve until their successors are elected and qualified under the election of 1898, as hereinafter provided for; and the Governor is hereby authorized and empowered within ninety days after the approval of this Act to appoint three Commissioners of Election for the County of Cherokee, who are authorized to conduct said election as general elections are conducted. That the bonds of the County officers of Cherokee County shall be in the penal sums following, that is to say: the Sheriff in the sum of $10,000.00; Judge of Probate, $5,000.00; Clerk of the Court of Common Pleas and General Sessions, $10,000.00; Treasurer, $20,000.00; Supervisor, $3,000.00; Auditor, $2,000.00; and the County Superintendent of Education, $1,000.00. And the Supervisor of Registration of Spartanburg, Union and York Counties shall on demand of the Supervisor of Registration of Cherokee County deliver to them the registration books for the voting places as now established within the territory of Cherokee County, which shall become the registration books for said County of Cherokee; and the Supervisors of Registration for the Counties of Spartanburg, Union and York shall also deliver to the Supervisors of Registration for Cherokee County the registration books for all the places for which any voters are registered who reside in the bounds of Cherokee County.

SECTION 4. That the Clerk of the Court of Common Pleas and General Sessions for Cherokee County when appointed or elected and qualified shall receive the fees, commissions, costs and moneys now allowed by law to Clerks of Court. The Treasurer of Cherokee County shall receive the same commissions on all taxes collected as are allowed by law to County Treasurers, except in the County of Charleston, provided the same does not exceed the sum of seven hundred dollars ($700.00) per annum. The County Auditor shall receive the sum of four hundred dollars per annum from the State Treasurer; and in addition the sum of one hundred dollars per annum from the County; the County Superintendent of Education shall receive the sum of two hundred dollars per annum; the County Supervisor shall receive the sum of five hundred dollars per annum and one hundred dollars per annum for clerk hire; Magistrates and their Constables, to be appointed in and for said County, shall each receive the sum of forty dollars per annum, except in the townships embracing Gaffney City and Blacksburg, where the Magistrates and the Constables shall each receive the sum of seventy-five dollars per annum, which shall be in lieu of all charges, costs and fees in criminal cases. There shall be one Magistrate and one Constable for each township in said County. The Sheriff, Judge of Probate, and Coroner, shall each receive the same fees as now provided by
law for such officers.

SECTION 5. That until the next apportionment of Representatives the said County of Cherokee shall be entitled to two Representatives, who are to be elected as hereinafter provided, and the County of Spartanburg shall be entitled to five Representatives and the County of Union to two Representatives.

SECTION 6. That an election shall be held in Cherokee County on Tuesday following the first Monday in November, A. D. 1898, or on such other day as may be provided by law, for a Senator, for members of the General Assembly and regular County officers provided for by the Constitution and laws of the State.

SECTION 7. That the County of Cherokee shall be attached to the Fifth Congressional District, and shall form a part and parcel of the Sixth Judicial Circuit, and that the Magistrates located in those portions of Spartanburg, Union and York embraced within the limits of Cherokee County shall be continued in office until their successors shall have been appointed and qualified as hereinafter provided: Provided, however, That from and after this Act goes into effect they shall be confined and limited in their official capacity, duty and power to the limits of Cherokee County.

SECTION 8. That the voting precincts heretofore established by law in those portions of Spartanburg, Union and York Counties embraced in the limits of Cherokee County shall be the precincts of Cherokee County, and no changes of registration of voters shall be necessary: Provided, however, That such electors as may be registered to vote at Cowpens, Clifton No. 2, and Trough in White Plains polling precinct of Spartanburg County, and who reside in the new County of Cherokee, shall be entitled to vote at White Plains in White Plains polling precinct; and such as may be registered to vote at McKelveys in Cherokee polling precinct of Spartanburg County, and who reside in the new County of Cherokee, shall be entitled to vote at Ezells in Cherokee polling precinct.

SECTION 9. That the Court of General Sessions for the County of Cherokee shall be held at Gaffney City, on the first Monday in February, the last Monday in May and the first Monday in September; and the Court of Common Pleas at the same place on the Wednesdays following the first Monday in February, the last Monday in May and the first Monday in September: Provided, That no Court is to be held in said County until after the County officers are appointed or elected as herein provided.

SECTION 10. That all suits pending in Spartanburg, Union and York Counties in which the defendants reside in the portions of said Counties now established as the County of Cherokee, and all indictments now pending in the aforesaid Counties when the offenses were committed in the portions of said Counties now established as Cherokee County, shall be transferred to the calendars of the Courts of the County of Cherokee, and all records, commissions and other papers belonging to any of said suits or indictments, together with all the legal incidents thereto appertaining, shall be transferred on demand made by the Clerk of the Court of the said County of Cherokee upon the Clerks of Courts of Spartanburg, Union and York Counties.

SECTION 11. That the Governor is authorized and empowered to appoint a Commission of nine persons, two of whom shall be residents of the County of Spartanburg, two residents of the County of Union, two residents of the County of York, two residents of the County of Cherokee, and one resident of some other County in the State, which said Commission shall divide and apportion between the said four Counties the present lawful indebtedness of the old Counties of Spartanburg, Union and York, having regard to the amount of unpaid taxes due to the said Counties of Spartanburg, Union and York: Provided, That in the apportionment of said debts of said old Counties each section of the old Counties that go to form the new County of Cherokee shall assume its proportion of the debt of the old County from which said section is taken, and no more.

SECTION 12. That the townships as now laid off and the parts of townships within the County of Cherokee shall be, and are declared, townships, and shall continue as such, and with the same boundaries, until lawfully changed.

SECTION 13. That the County Treasurers and County Auditors of the Counties of Spartanburg, Union and York shall receive reasonable compensation for the duties herein imposed upon them by the Treasurer of the County of Cherokee and the State in proper proportions.

SECTION 14. That immediately upon the approval of this Act the Governor shall appoint all officials required by law in and for the said County of Cherokee (as in the case of vacancies), who shall hold their respective offices until such offices are filled by election and qualification as hereinbefore provided. And each of the Auditors of the Counties of Spartanburg, Union and York be, and he is hereby, required to copy and make up from his duplicate of the fiscal year 1897 (under the direction of the Comptroller-General) a special duplicate of and for all that portion of his County hereby constituted as a part of the said County of Cherokee; and immediately upon the copying and making up of such special duplicates as aforesaid they shall be delivered to the Auditor of the said County of Cherokee, who shall make up therefrom according to the forms now required by law a duplicate for the Treasurer of the said County of Cherokee for the purpose of the collection of taxes by the said Treasurer as required by law.

SECTION 15. That the Board of Jury Commissioners of Spartanburg, York and Union Counties be, and they are hereby, required to prepare and furnish to the Board of Jury Commissioners of Cherokee County, within ten days after demand by the said Jury Commissioners of Cherokee County, separate lists of persons liable to serve as jurors and residing in the limits of the said Counties as altered by this Act. From the lists so furnished to the Board of Jury Commissioners of Cherokee County shall be drawn, in accordance with law, the petit and grand jurors and the talesmen of the Courts to be holden in Cherokee County, in conformity with the provisions of this Act, and the jurors so drawn are hereby declared lawful jurors to all intents and purposes.

SECTION 16. That the Sheriffs of Spartanburg, York and Union Counties, respectively, upon application of the plaintiff or his attorney, in any judgment of record in the said Counties, respectively, shall deliver to the Sheriff of Cherokee County any and all executions in their respective offices in which the said plaintiff is interested, for which the Sheriff of Cherokee County shall receipt to the Sheriffs of the respective Counties of Spartanburg, York and Union, and said executions, when entered upon the Sheriff's books in Cherokee County, shall have thereafter the same force and effect as previously in the Counties from which they were transferred.

SECTION 17. That the County Supervisor of Cherokee County, in anticipation of the collection of the general County tax, be, and he is hereby, empowered to contract and incur liabilities to the extent of ($2,000) two thousand dollars for the purpose of defraying the Court expenses, which sum shall be repaid out of the general County tax.

SECTION 18. That the Comptroller-General be, and is, authorized and required to draw his warrant, and the State Treasurer to pay same, in favor of the Trustees of Cherokee County for a sum sufficient to pay, at the usual rate, the expenses of the late election held in and toward the formation of Cherokee County, the claims to be presented to and audited by the Comptroller-General, and said sum shall be refunded and repaid to the State Treasurer by the County Treasurer of Cherokee County on the warrant of the County Supervisor of that County out of the first taxes therein collected for ordinary County purposes.

SECTION 19. That all Acts and parts of Acts inconsistent with this Act are hereby repealed.

SECTION 20. Act to take effect from and after its passage.

Approved the 25th day of February, A. D. 1897.



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