South Carolina - Legislative Acts Creating Counties / Districts

An Act to Establish Dillon County.

No. 486 - February 5, 1910

Acts and Joint Resolutions of the General Assembly of South Carolina, Pages 863-875

Whereas, at an election ordered and held in accordance with the laws of this State the qualified voters residing in a certain portion of Marion County did decide by the necessary legal vote in favor of the formation of a new county; and, whereas, all of the conditions required by the Constitution and laws of this State regulating the formation of new counties were and have been complied with,

Be it enacted by the General Assembly of the State of South Carolina,

Section 1. That a new county as a judicial and election district is hereby formed and established pursuant to the Constitution and laws of this State, the same to have the following boundaries: Beginning at the mouth of Mill Creek, where it empties into Big Pee Dee River, and in middle of said river at said point; thence up the run of said creek to the bridge on the river road to a stake X 111 N.; thence N. 75 deg. 56 min. E. 4,395 feet to a stake X 111 N., at the intersection of Gum Swamp and Cud Swamp; thence up the run of Cud Swamp to the public road leading from L. D. Haselden's to Sellers, to a stake near bridge; thence N. 82 deg. 47 min. E. 3,061 feet along said road to the town limits of Sellers to a stake; thence N. 10 deg. 26 min. W. 3,496.5 feet to a stake X; thence N. 87 deg. 43 min. E. 2,100 feet to a stake X; thence N. 53 deg. 22 min. E. 1,335 feet to a stake X; thence S. 56 deg. 32 min. E. 1,107 feet to a stake X; thence N. 82 deg. 30 min. E. 11,801 feet to a stake; thence N. 69 deg. 40 min. E. 5,678 feet to an iron stake west side of the Marion and Latta public road near David Watson's; thence N. 88 deg. 30 min. E. 2,305 feet to an iron stake on the public highway leading from, Latta towards Marion, S. C., on the old Bryant place, the said roads being the ones heretofore referred to in the original petition setting forth the boundary lines of the proposed new county; thence S. 89 deg. 10 min. E. 6,940 feet to a stake X ; thence S. 68 deg. 27 min. E. 4..920 feet to a stake X; thence S. 60 deg. 10 min. E. 20,545 feet to a stake X, at east side of railroad; thence N. 51 deg. 37 min. E. 4,242 feet to its intersection with Buck Swamp; thence down the run of Buck Swamp with its various courses and distances to its junction with Little Pee Dee River; thence a straight line N. 48 d:eg. 40 min. E. 17,300 feet to a stake X 111 N.; thence a straight line S. 44 deg. 48 min. E. 18,924 feet to a cypress tree X 3 N. at the juncture of Ash Pole Swamp and Lumber River; thence Lumber River the line to the North and South Carolina State line; thence the North and South Carolina State line the line to the point where it intersects the line between Marion and Marlboro Counties; thence the line between Marion and Marlboro Counties the line to the median line of the Great Pee Dee River; thence down the median line of said river to the beginning corner. The said county is hereby named, Dillon, and the County Seat thereof is hereby established in the town of Dillon.

SEC. 2. That the following named persons, R. P. Stackhouse, R. P. Hamer, Jr., T. C. Sherwood, R. L. Ivey, Rembert K. Hays, R. S. Moore, J. H. Manning, H. A. Bethea, J. Rich Hays, T. A. Dillon and J: H. David, are hereby made commissioners of the said County of Dillon, and they are vested with the power and authority to fill any vacancy that may occur by reason of death, resignation or otherwise of either of them by the election of some suitable person to fill said vacancy; and they and their successors in office are hereby authorized, empowered and directed to have the boundaries of said Dillon County duly and permanently marked as now surveyed, and to provide a suitable courthouse and jail by erecting and equipping suitable buildings at.the county seat thereof; and they are further authorized and empowered to receive and accept in the name of and for the County of Dillon any bonds, money, lands or other gifts now donated or hereafter given towards the erection of said public buildings. The said Commissioners and their successors shall continue in office and exercise the authority and power hereby vested in them until the said courthouse and jail have been erected and made ready for use: Provided, That the said commissioners shall turn over to the County Board of Commissioners, or such other officers as shall then be clothed by law with the authority now exercised by the said County Board of Commissioners, all of the said public buildings when completed and ready for use, and also all of said bonds, money. lands, or other gHts in their hands and belonging to the said County of Dillon, and then used and not hereafter needed by them in the erection and proper equipment of said buildings, of all of which they shall be sole judges, and then their powers and duties hereunder shall cease, and not till then; the said County Board of Commissioners, or such other officers as shall succeed to the rights and powers of the same shall then take charge of all of said property of said county so turned over to them by the said commissioners. A majority of the said commissioners shall constitute a quorum for the transaction of any and all business, and the acts of said majority shall be legal and binding to all intents and purposes. The said commissioners at their first meeting shall elect a Chairman and a Secretary, and may adopt such rules and regulations for the proper conduct of their business as shall from time to time be deemed necessary. It shall be the duty of the Secretary to keep an accurate minute book of all the proceedings and transactions of said commissioners. The said commissioners shall provide all necessary books, stationery and furniture for all county purposes made, or that may become necessary by the formation of Dillon County, and the expenses of the same shall be paid by said county. The said commissioners are empowered, authorized and directed to lease temporarily all necessary offices and buildings for the purpose of conducting all county business and affairs. And they are further authorized, empowered and diirreecctteedd to provide a temporary place for the holding of all courts in said county, and also a temporary place for the safekeeping of all prisoners in said county, and, in case they deem it necessary or advisable, they are authorized and empowered to make arrangements with the authorities of any adjoining county or with the State penitentiary for the keeping of any prisoners, and all expenses so incurred shall be paid by the County of Dillon.

SEC. 3. That at the time of the general election in the other counties of this State in the year 1910, there shall be held a general election in Dillon County, and at the said general election there shall be elected a Senator, one Representative, a Sheriff, a Clerk of the Court of Common Pleas and General Sessions, a Probate Judge, a County Superintendent of Education, a Supervisor, a Coroner, and four County Commissioners, all of whom shall perform the same duties and have the same powers that are vested in like officers in the counties of this State where such officers are now provided for by law, and such other county officers shall also be elected at the said election as are now provided for by law in the County of Marion, and each shall have such powers and perform the same duties as similar officers in Marion County, so that said general election in Dillon County shall be uniform with the general election in the other counties of this State: Provided, That on the second Tuesday in April, 1910, there shall be held in the said County of Dillon a special election, at which there shall be elected a Sheriff, a Clerk of the Court of Common Pleas and General Sessions, a Probate Judge, a County Superintendent of Education, a Supervisor and four County Commissioners, and such other county officers as are now provided for by law in Marion County. The term of office of those elected to the offices just mentioned in the foregoing proviso shall expire and terminate at the same time and in the same manner as the term of all similar officers in Marion County, and each of such officers shall he commissioned accordingly, and where a bond is required to be given by law each shall execute the same for such term. For the purpose of said special election and the said general election in said County of Dillon the Governor of this State is hereby empowered and directed to appoint, upon the recommendation of the commissioners named in Section 2, Cormnissioners of Election as now provided for by law in the other counties of the State, and the same shall have like power and perfonn such duties as are now required. and provided for by law. And the Governor is hereby authorized, empowered, and directed to order the said special election by giving notice thereof for three successive weeks by proclamation in some newspaper published in the County of Dillon; and the Commissioners of Election hereinbefore directed to be appointed shall proceed according to law to hold said election and to do all things necessary and required by law of them in the holding of this election.

SEC. 4. That until the next apportionment of representatives the said County of Dillon shall be entitled to one Senator and one Representative, who shall be elected at the general election herein provided for, and the County of Marion shall be entitled to one Senator and two Representatives.

SEC. 5. That the County of Dillon is hereby attached to the Sixth Congressional District, and shall form a part of the Fourth Judicial Circuit, and the regular terms of the Court of Common Pleas and General Sessions for said county shall be held at such times as shan hereafter be fixed by law.

SEC. 6. That until the officers to be elected at the special election hereinbefore provided for shall have been elected and duly qualified, and all officers required to be appointed shall have been appointed and duly qualified, each officer of Marion County shall continue to perform and exercise the duties of his office in the territory taken from Marion County to form Dillon County; but when said officers in Dillon County as herein provided shall have been elected or appointed and duly qualified.they shall immediately assume their respective duties under the laws of this State, and the duties and! powers of the officers of Marion County shall cease in said County of Dillon at such time.

SEC. 7. That the magistrates now holding office and residing in the said County of Dillon shall be the magistrates of said county until their successors shall have been appointed and ualified; and they shall receive the same salaries and fees that they now receive, and they are vested with the same authonty and jurisdicrtion that they now have: Provided, That in case there be any territory in Dillon County over which neither of the magistrates in said county have heretofore exercised jurisdiction: then either magistrate in said county shall have jurisdiction in said territory in all matters wherein magistrates now have jurisdiction. The said magistrate's constables shall each receive the same salary and fees that each now receives as provided for by law.

SEC. 8. The Governor is hereby authorized, empowered and directed to appoint a commission of five persons, two of whom shall be residents of Marion County and two of Dillon County, and the remaining one a resident of some other county, which said commission shall divide and apportion between said counties the present lawful and bona fide indebtedness of Marion County. All expenses incurred by the commission provided for in this section shall be paid by the County of Dillon, which shall not exceed four dollars per day and actual expenses for the time of actual services, which time shall not exceed ten days: Provided, That the said commission shall have power to employ counsel, if they deem the same necessary, to consult with and advise them in all matters appertaining to the performance of their duties under this section, and to pay such compensation as they deem proper, which compensation shall be paid by the County of Dillon; and the said commission is further authorized and empowered to engage an expert accountant to assist them in their work if they find the same necessary, and to pay such compensation as they deem proper, which shall be paid by Dillon County.

SEC. 9. The Auditor of Dillon County, when appointed and duly qualified, together with the Auditor of Marion County, shall proceed forthwith to make up and prepare such book or books that may be necessary under the law for the purpose of showing what property in Dillon County is properly returnable and taxable in Dillon County, and all tax returns made by property owners in Dillon County, or by those having property in Dillon County, or for poll tax, to the Auditor of Marion County for the year 1910, shall be delivered upon the preparation of such book or books to the Auditor of Dillon County, and all taxes both upon property and poll in Dillon County shall be payable hereafter .to the Treasurer of Dillon County. The Auditor of Dillon County, after the preparation of such book or books, shall proceed according to law to furnish to the Treasurer of Dillon County such tax book or books as are now required by law for the purpose of the collection of taxes.

SEC. 10. The Governor is hereby authorized, empowered and directe to appoint, upon the recommendation of the comrmssioners named in Section 2, the Board of Supervisors of Registration for the County of Dillon. The Board of Supervisors of Registration of the County of Marion is hereby directed to turn over to the said Board of Supervisors of Registration of Dillon County all books of registration of the qualified electors who reside in Dillon County; and in case any book of registration contains the names of qualified electors both of Marion County and Dillon County, then the Board of Supervisors of Registration of Dillon County shall make a list of the qualified electors residing in Dillon County from such book, and shall enter the same in a book of registration provided for that purpose according to law, and said books of registration, when, so turned over or prepared as herein provided, shall be the books of registration in Dillon County to all intents and purposes: Provided, That if any qualified elector residing in Dillon County is registered at a voting place outside of said county he may vote at the nearest voting place in his township as established herein in all elections held under the law of this State until he can obtain proper registration in Dillon County.

SEC. 11. That the Jury Commissioners of Marion County are herewith authorized, empowered and directed to furnish to the demand therefor by the Jury Commissioners of Dillon County, a list of all persons liable to serve as jurors for the Court of Common Pleas and General Sessions for Dillon County: Provided, That the persons whose names are so furnished shall be residents of Dillon County at such time. From the list so furnished to the Jury Commissioners of Dillon County shall be prepared as provided for by law the jury boxes for Dillon County, and from such jury boxes there shall be drawn according to law the petit and grand jurors and talesmen of the court to be held in Dillon County in the year 1910. And the jurors so drawn are hereby declared to be lawful jurors to all intents and purposes: Provided, furiher, That the grand jury for the year 1910 shall be drawn for the Court of General Sessions in the said County of Dillon two weeks before the first term of said court, and when so drawn shall be the grand jury of the said county for said year: Provided, further, That hereafter the grand jury in said county shall be drawn as grand juries are drawn in the other counties of the State. The Jury Commissioners of Dillon County shall be the same as now provided for by law.

SEC. 12. That the Supervisor of Dillon County, in anticipation of the collection of taxes for said county for the year 1910, be, and IS hereby, authonzed and empowered to contract for and incur liabilities on behalf of, said County of Dillon to the extent of $10,000.00, if so much be needed, for the purpose of defraying all necessary county expenses which said sum shall be repaid from taxes collected in said county for said year: Provided, That the commissioners named in Section 2 are authorized and empowered to borrow not exceeding $2,000.00 for the purpose of defraying all necessary expenses incurred by them in the performance of their duties as herein prescribed: Provided, further, That any part of said amount so borrowed that may be on hand and not necessary to meet expenses already incurred up to the election and qualification of the Supervisor of said county shall be by said commissioners turned over to the said Supervisor for ordinary county purposes, and thereafter the expenses incurred by said commissioners in discharge of their duties shall be paid by the said Supervisor upon the order and direction of said commissioners.

SEC. 13. That when the officers are elected and qualified as provided for in the special election hereinbefore ordered to be held, the Governor shall immediately appoint a Treasurer and an Auditor of said county for a similar and like term of office as that of the officers elected at said special election, and the bonds of all officers required by law to be bonded shall be fixed in an amount required by the commissioners named in Section 2, and shall be approved as required by law.

SEC. 14. That each civil action or proceeding now pending in the County of Marion in which the defendant resides in that portion of Marion County now established as Dillon County, and each indictment now pending in the said County of Marion in which the offense charged was committed in that portion of Marion County now established as Dillon County, shall be transferred to the calendars of the Court of Common Pleas and General Sessions for the County of Dillon; and all the records, commissions, and other papers belonging to any of said suits or indictments, together with all the legal incidents thereto appertaining, shall be transferred to the County of Dillon within ten days after notice and demand therefor by the Clerk of the Court of Dillon County upon the Clerk of the Court of Marion County, and said Clerk shall receive therefor the fees now allowed by law: Provided, That the said Clerk of Court of Dillon County shall duly receipt to said Clerk of Court of Marion County for each and every record, commission, or other paper so transferred: Provided, further, That all cases, both civil and criminal, now pending before any magistrate shall be transferred to the nearest magistrate in Dillon County, if the defendant in the civil case resides in that portion taken to fonn Dillon County, and the offense charged in a criminal case was committed in the territory so taken to form Dillon County, and the magistrate before whom the case is now pending resides out of the portion so taken to form said county.

SEC. 15. That the following named townships shall be townships in Dillon County: Manning, the boundaries and formation of which, shall remain as now established; Carmichael, the boundaries and formation of which shall remain as now established; Harleesville, the boundaries and formation of which shall remain as now established; Bethea, the boundaries and formation of which shall remain as now established; Number 1, which shall consist of that portion of Hillsboro Township now included in Dillon County, the boundaries of which shall be the present boundary line of Dillon County and the boundary lines of that portion of Hillsboro Township included in the said county; Number 2, which shall consist of that portion of Reaves Township now included in Dillon County, the boundaries of which shall be the present boundary line of Dillon County and the boundary lines of that portion of Reaves Township included in the said county; Number 3, which shall consist of that portion of Moody Township now included in Dillon County, the boundaries of which shall be the present boundary line of Dillon County and the boundary lines of that portion of Moody Township included in the said county; Number: 4, which shall consist of. that portion of Kirby Township now included in Dillon County, the boundaries of which shall be the present boundary line of Dillon County and the boundary line of that portion of Kirby Township included in said county. The townships herein named, established and created are hereby made voting precincts, and the voting places now existing therein shall remain the same.

SEC. 16. The Sheriff shall receive an annual salary of $1,500, payable monthly, and the fees now allowed by law; the Clerk of the Court of Common Pleas and General Sessions shall receive an annual salary of $1,000, payable monthly, and all the fees now allowed by. the law; the County Supervisor shall receive an arinual salary of $1,400, payable monthly, and he shall be allowed to appoint a clerk, at a salary of $400 per annum; the County Commissioners shall each receive an annual salary of $50, payable quarterly; the Superintendent of Education shall receive an annual salary of $800; payable monthly; the Coroner shall receive an annual salary of $100, payable monthly, and the fees allowed by law; the Probate Judge shall receive an annual salary of $300, payable monthly, and all the fees allowed by law; the Treasurer and Auditor of Dillon County shall each receive a salary of ($1,080) one thousand and eighty dollars, payable one-third by the county and two-thirds by the State, as other County Treasurers and Auditors are paid; each member of the Board of Supervisors of Registration shall receive an annual salary of $75, payable quarterly, to be paid by the State; The Sheriff shall be allowed twenty-five cents per day for dieting each prisoner.

SEC. 17. That until the election and qualification of the Clerk of the Court of Common Pleas and General Sessions of Dillon County and the opening of his office ready for business, all papers, documents, commissions, and records now required and permitted by law to be recorded shall be recorded as heretofore in Marion County with the same and like effect as when the territory taken to form Dillon County was a part of Marion County; after the election and qualification of said clerk and the opening of his office for business, all papers, documents, commissions and records permitted and allowed by law to be recorded shall be filed with said clerk and by him duly recorded.

SEC. 18. That the. Treasurer of Marion County, together with the Treasurer of Dillon County, when one has been appointed and duly qualiIfied, Shall proceed forthwith to ascertain and determine the amount of money, collected by him as taxes for and on account of the free public schools located in the territory taken to fonn Dillon County; when the same has been so ascertained and determined he shall pay the same over to the Treasurer of Dillon County for the use of the said free public schools of Dillon County, less the amounts paid out before the formation of the County of Dillon or that shall be paid out pursuant to the following proviso: Provided, That the school authorities of Marion County shall draw the regular school warrants on the Treasurer of Marion County in payment of the salaries of the teachers in the free public schools of Dillon County just as was done before the formation of Dillon County, and the said Treasurer shall pay the same just as he did before the formation of said county while the territory taken to form the same was part of Marion County; the drawing of said warrants by the said school authorities and the payment of the same by the said Treasurer shall cease when the said Treasurer turns over to the Treasurer of Dillon County the funds belonging to the free public schools located in Dillon County as herein provided.

SEC. 19. The Township Board of Equalization of the townships and parts of the townships of Marion County now embraced within the limits of Dillon County, and herein formed into townships, shall serve as the Township Boards of Equalization of the said county for the remainder of the term for which they were originally appointed; and the Governor is hereby authorized and empowered and directed to fill by appointment any vacancies on the said board occasioned by any reason whatsoever. The Governor shall also appoint new township boards where it may be necessary by reason of the formation of the new townships herein. The organization, procedure, and duties of said board shall be the same as the organization, procedure, and duties of similar boards in Marion County.

SEC. 20. That any person or persons interested shall have authority to apply to the Clerk of Court, Sheriff, or Probate Judge of the County of Marion for certified copies of any judgment roll, will, record, execution, decree or other paper on file or of record in the office of the respective officers of said county, and said officers shall furnish the same promptly upon demand, and when so obtained and filed or recorded in the proper office in Dillon County said judgment roll, will, record, execution, decree or other paper shall have the same force and effect in Dillon County, that each had in Marion County; and said officers shall receive therefor the fees now allowed by law. Any record not transferred and remaining in the office of the respective officers in Marion County shall continue in force and effect and shall have the same force and effect in Dillon County as if transferred and made a record in the proper office in said county; that the Sheriff of Marion County, upon application made by the plaintiff, or his attorney, in any:judgment of record in the County of Marion, shall deliver to the Sheriff of Dillon County any and all executions and papers in his office in which the said plaintiff, or his attorney, is interested, for which the Sheriff of Dillon County shall receipt to the Sheriff of Marion. County, the said execution and papers when duly entered upon
the Sheriff's books in Dillon County shall hereafter have the same force and effect as they previously had in the County of Marion before they were transferred.

SEC. 21. That the County of Dillon is hereby made liable for, and the same is hereby made a debt of Dillon County, all necessary expenses and liabilities incurred in the promotion of the formation of said county, which said expenses and liabilities hereby made a liability and debt of Dillon County shall be submitted and filed with the commissioners named in Section 2, which said commissioners shall audit and approve or disapprove the same, and when so approved shall be paid by the Supervisor of said county by his warrant upon the County Treasurer of said county: Provided, That the expenses hereby made a liability and debt of Dillon County shall be limited to actual and necessary expenses and liabilities incurred in the preliminary surveys, and in all matters incident thereto, of the lines of the proposed new county hereby created as Dillon County, and also to the expenses and liabilities incurred as attorney fees for professional services rendered in aid of the formation of said county, together with necesssary expenses connected therewith: Provided, That the total amount of expenses and liabilities herein made a debt and liability of Dillon County shall not exceed $5,000, and to meet said liabilities and expenses, and to provide the money to pay the same, the Supervisor is hereby authorized and empowered to borrow not exceeding the sum of
$6,000, if so much be necessary.

SEC. 22. All laws now of force in Mraion County are hereby made of force in Dillon County, when not inconsistent with the provisions hereof.

SEC. 23. This Act shall be deemed a public Act and shatl take effect immediately upon its approval by the Governor. All Acts and parts of Acts inconsistent with the provisions hereof are hereby repealed.

Approved the 5th day of February, A. D. 1910.



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