South Carolina - Legislative Acts Creating Counties / Districts

An Act to Establish Allendale County.

No. 6 - February 6, 1919

Acts and Joint Resolutions of the General Assembly of South Carolina 1919, Pages 5-17

WHEREAS, At an election ordered and held in accordance with the laws of this State the qualified voters residing in certain portions of Barnwell and Hampton counties did decide by the necessary legal vote in favor of the formation of a new county; and,

WHEREAS, All the conditions required by the Constitution and laws of this State regulating the formation of new counties have been fully complied with:

SECTION 1. Allendale County Established - Boundaries - County Seat.

Be it enacted by the General Assembly of the State of South Carolina, 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 a point in the Savannah River on the South Carolina and Georgia boundary line opposite Steel Landing and running in a northerly direction to a stake at Steel Landing; thence a straight line north 43 degrees east about 6.12 miles to a stake at or near the intersection of the Barnwell-Robbins public road with a road leading to Millett; thence south 73 degrees east about 5.23 miles to a stake at or near Stinson's bridge on Lower Three Runs; thence south 70 degrees east about 5.50 miles to a stake at or near Goodson's Mill site; thence east about 4.72 miles to a stake on Well Branch; thence down the run of Well Branch to the Barnwell-Bamberg county line; thence down the Barnwell-Bamberg county line to its intersection with the Barnwell-Hampton county line; thence southwesterly along said Barnwell-Hampton county line to its intersection with the eastern edge of the right-of-way of the Seaboard Air Line Railway; thence in a southerly direction along said eastern edge of the said railway right-of-way to a stake eight miles and 200 feet from the Hampton County Courthouse; thence in a westerly
direction to the confluence of Beach Branch with the Coosawhatchie River; thence up the run of said Beach Branch to its intersection with the eastern edge of the right-of-way of the Southern Railway Company; thence southerly along said eastern edge of said right-of-way 3.78 miles to a stake; thence south 49-1/2 degrees west 1.68 miles to the junction of the Hudson Ferry Road and the Sisters Ferry road; thence southerly along the south side of the said Hudson Ferry road to a stake about one-half mile above Long Creek bridge; thence in a straight line south 71 degrees west about 1.75 miles to a stake on the east side of the River Road about one-fourth mile north of Long Creek Bridge on said River Road; thence in a straight line south 55 degrees west 10,104 feet to a stake between an ironwood tree and a small branch; thence west 3,306 feet to a stake on the east side of Savannah River; thence continuing west to a point in the Savannah River on the South Carolina-Georgia State line; thence northerly along said South Carolina-Georgia State line to the point of beginning. The said county is hereby named Allendale, and the county seat thereof is hereby established in the town of Allendale.

§ 2. Commissioners—Powers and Duties—Compensation.

That the following named persons, T. F. Hogg, George D. Kirkland, W. Z. Bryan, W. C. Bryan, J. Fred Lightsey, N. B. Loadholt, J. W. Jenny, W. R. Darlington, W. I. Johns, A. T. Allen, E. H. Oswald, W. T. Riley, Jr., and LeRoy Wilson, are hereby made and constituted Commissioners of the said county of Allendale, 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 or any of them by the election of some suitable person or persons to fill said vacancy; and they and their successors in office are hereby authorized, empowered and directed to have the boundaries of said Allendale 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 Allendale 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 power and authority 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 gifts in their hands belonging to the said county of Allendale, and not then used and not thereafter needed by them in the erection and proper equipment of said buildings, of all of which they shall be the sole judge, and then their powers and duties hereunder shall cease, and not until 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 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 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 necessary, or that may become necessary, by the formation of Allendale County, and the expenses of 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 directed 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 authority 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 Allendale. The Commissioners shall each receive as compensation for their services the sum of five dollars per day, not exceeding fifteen days during each year, and also five cents per mile for actual mileage. Until some other form of county government has been enacted for Allendale County, the Commissioners herein named shall as a Commission exercise all of the duties and functions now vested in by law a Supervisor and County or Township Commissioners.

§ 3. Election of County Officers—Terms of Office—Proviso.

That at the time of the general election in the other counties of this State in the year 1920 there shall be held a general election in Allendale 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 Coroner and the 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, and each shall have such powers and perform the same duties as similar officers in the other counties of the State, so that said general election in Allendale County shall be uniform with the general election in the other counties of this State: Provided, That on the second Tuesday in April, 1919, there shall be held in the said county of Allendale a special election, at which time there shall be elected a Senator, a Sheriff, a Clerk of the Court of Common Pleas and General Sessions, a Probate Judge, a Coroner, a Superintendent of Education. 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 expire after the general election of 1920, and each of such officers shall be 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 Allendale the Governor of this State is hereby empowered and directed to appoint, upon the recommendation of the Commissioners named in Section 2, Commissioners of Election as now provided by law in the other counties of the State, and the same shall have like power and perform 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 or circulated in the county of Allendale; 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 the same: Provided, further, That should any vacancy occur in the delegation from Barnwell County in the House of Representatives prior to the general election of 1920, a special election shall be ordered and held in Allendale County according to law, at which special election there shall be elected one ( 1 ) Representative for Allendale County, whose term of office shall expire and terminate at the same time and in the same manner as the term of all similar officers expire after the general election of 1920, and such officer shall be commissioned accordingly.

§ 4. Representation in the General Assembly—Hampton County—Barnwell County.

That until the next apportionment of representatives the said county of Allendale shall be entitled to one Senator and one Representative, the latter of whom shall be elected at the general election and the former at the special election herein provided for, and the county of Hampton shall be entitled to one Senator and one Representative, and the county of Barnwell shall be entitled to one Senator and two Representatives.

§ 5. Included in Second Congressional District and Second Judicial Circuit.

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

§ 6. Duties and Powers of Officers of Hampton and Barnwell Counties to Continue Until Election.

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 Barnwell and Hampton counties shall continue to perform and exercise the duties of his office in the territory taken from said counties, respectively, to form Allendale County; but when said officers in Allendale County, as herein provided, shall have been elected or appointed and duly qualified, they shall immediately assume their duties under the laws of this State and the duties and powers of the officers of Barnwell and Hampton counties shall cease in said county of Allendale at such time.

§ 6a. Resident Officers.

That such officers of Barnwell and Hampton counties, respectively, now residing in the territory taken from said county, respectively, to form Allendale County shall continue as officers of Barnwell and Hampton counties, respectively, until the officers of Allendale County are elected in the special election to be held in April, 1919.

§ 7. Magistrates.

That the Magistrates now holding office and residing in the said county of Allendale shall be the Magistrates of said county until their successors shall have been appointed and qualified, and they shall receive the same salaries and fees that they now receive, and they are vested with the same authority and jurisdiction that they now have: Provided, That in case there be any territory in Allendale 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 Magistrates' Constables shall each receive the same salary and fees that each now receives as provided for by law.

§ 8. Commission to Apportion Debts.

The Governor is hereby authorized, empowered and directed to appoint a commission of five persons, one of whom shall be a resident of Hampton County, one a resident of Barnwell County, two residents of Allendale County, and the remaining one a resident of some other county, which said commission shall divide and apportion between said new county and said old counties the present lawful and bona fide indebtedness of said old counties as provided for by the Constitution of this State. All expenses incurred by the commission provided for in this section shall be paid by the county of Allendale, which shall not exceed five dollars per day and actual expenses for the time of actual services, which time shall not exceed fifteen 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 may deem proper, which compensation shall be paid by the county of Allendale, 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 Allendale County.

§ 9. Auditor—Tax Books and Returns.

The Auditor of Allendale County, when appointed and duly qualified, together with the Auditors of Barnwell and Hampton counties, respectively, 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 Allendale County is properly returnable and taxable in Allendale County, and all tax returns made by property owners in Allendale County, or by those having property in Allendale County, or for poll tax, or otherwise, to the Auditors of either Barnwell or Hampton counties for the year 1919, shall be delivered upon the preparation of such book or books to the Auditor of Allendale County, and all taxes, both upon property and poll, in Allendale County, shall be payable hereafter to the Treasurer of Allendale County. The Auditor of Allendale County, after the preparation of such book or books, shall proceed according to law to furnish to the Treasurer of Allendale County such tax book or books as are now required by law for the purpose of the collection of taxes.

§ 10. Supervisors of Registration—Registration Books—Proviso.

The Governor is hereby authorized, empowered and directed to appoint, upon the recommendation of the commissioners named in Section 2, the Board of Supervisors of Registration for the county of Allendale. The Board of Supervisors of Registration for the counties of Barnwell and Hampton are hereby directed to turn over to the said Board of Supervisors of Registration of Allendale County all books of registration of the qualified electors who reside in Allendale County; and in case any book or books of registration contain the names of qualified electors of Allendale County and Barnwell or Hampton counties, then the Board of Supervisors of Registration of Allendale County shall make a list of the qualified electors residing in Allendale County from such book or books and shall enter the same in a book or books of registration, which when so turned over or prepared as herein provided shall be the books of registration in Allendale County to all intents and purposes: Provided, That if any qualified elector residing in Allendale 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 laws of this State until he shall obtain proper registration in Allendale County.

§ 11. Jury Commissioners—Jury Lists—Grand Jury.

That the Jury Commissioners of Barnwell and Hampton counties are herewith authorized, empowered and directed to furnish to the Jury Commissioners of Allendale County, within fifteen days after demand therefor by the Jury Commissioners of Allendale County, a list of all persons who are residents of the territory taken from each of said counties, respectively, to form Allendale County, and who are liable to serve as jurors for the Court of Common Pleas and General Sessions: Provided, That the persons whose names are so furnished shall be residents of Allendale County at such time. From the list so furnished to the Jury Commissioners of Allendale County there shall be forthwith prepared, as provided for by law, the jury box for Allendale County, and from such box there shall be drawn according to law the petit and grand jurors and talesmen of the Courts to be held in Allendale County in the year 1919. And the jurors so drawn are hereby declared to be lawful jurors to all intents and purposes: Provided, further, That the grand jury for the year 1919 shall be drawn for the Court of General Sessions in the said county of Allendale two weeks before the first term of said Court, and when so drawn shall be the grand jury of said county
for said year: Provided, further, That hereafter the grand jury in said county shall be drawn as grand jurors are drawn in the other counties of the State. The Jury Commissioners of Allendale County shall be the same as now provided for by law in Barnwell County.

§ 12. Commissioners May Borrow.

That the Commissioners of Allendale County named in Section 2 in anticipation of the collection of taxes for said county for the year 1919 be, and they are hereby, authorized and empowered to contract for and incur liabilities on behalf of said county of Allendale to the extent of twenty thousand ($20,000.00) dollars, 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, and to secure which said taxes are pledged: Provided, That the Commissioners named in Section 2 are authorized and empowered to borrow not exceeding $1,000.00 for the purpose of defraying all necessary expenses incurred by them in the performance of their duties as herein prescribed.

§ 13. Appointment of Treasurer and Auditor.

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.

§ 14. Transfer of Civil and Criminal Causes.

That such civil action or proceeding now pending in the counties of Barnwell and Hampton in which the defendant resides in that portion of said counties now established as Allendale County, and each indictment now pending in the said counties of Barnwell and Hampton in which the offense charged was committed in that portion of said counties now established in Allendale County, shall be transferred to the calendars of ihe Court of Common Pleas and General Sessions, respectively, for the county of Allendale, 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 by the Clerks of the said Courts of Barnwell and Hampton counties transferred to the county of Allendale within ten days after notice and demand therefor by the Clerk of the Court of Allendale County: Provided, That the said Clerk of the Court of Allendale County shall duly receipt to said Clerks of the Courts of Barnwell and Hampton counties 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 residing outside of Allendale County shall be transferred to the nearest Magistrate in Allendale County, if the defendant in a civil case resides in the portion taken to form Allendale County, or if the offense charged in a criminal case was committed in the territory so taken to form Allendale County.

§ 15. Townships.

There shall be the following townships in Allendale County: Allendale, Beldoc, Bull Pond and Sycamore, whose boundaries shall remain as they now are, except to Allendale Township shall be added that part of Great Cypress Township cut into Allendale County; that part of Bennett Springs Township cut into Allendale County shall constitute a township and be known as Millett Township; and the parts of Lawton and Goethe townships cut into Allendale County shall constitute one township and shall be known as Wilson Township.

§ 16. Compensation of Officers.

The Sheriff shall receive an annual salary of $1,000.00, 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 $300.00, payable monthly, and all the fees now allowed by law; the County Commissioners shall each receive an annual salary of $100.00, payable quarterly; the Superintendent of Education shall receive an annual salary of $800.00, payable monthly; the Coroner shall receive an annual salary of $100.00, payable monthly, and the fees allowed by law; the Probate Judge shall receive an annual salary of $300.00, payable monthly, and all the fees allowed by law; the County Treasurer shall receive an annual salary of $900.00, payable monthly, $300.00 of which shall be paid by Allendale County and $600.00 of which shall be paid by the State Treasurer according to law, and also fees now allowed by law; the Auditor shall receive an annual salary of $900.00, payable monthly, $300.00 of which shall be paid by the county of Allendale and $600.00 of which shall be paid by the State Treasurer according to law, and also all fees allowed by law; each member of the Board of Supervisors of Registration shall receive an annual salary of $75.00, payable quarterly, to be paid by the State. The Sheriff shall be allowed forty cents per day for dieting
each prisoner.

§ 17. Recording Until Office of Clerk of Court Opens.

That until the election and qualification of the Clerk of the Court of Common Pleas and General Sessions of Allendale County and the opening of his office ready for business, all papers, documents, commissions and records now required or permitted by law to be recorded shall be recorded as heretofore in either Barnwell or Hampton counties with the same and like effect as when the territory taken to form Allendale County was a part of said counties: Provided, That the recording shall be in the old county in which it would have been done had Allendale County not been formed; after the election and qualification of said Clerk, and the opening of his office for business, all papers, documents, commissions and records required or allowed by law to be recorded shall be filed with said Clerk and by him duly recorded.

§ 18. Division of School Funds—Payment of School Warrants.

That the Treasurers of Barnwell and Hampton counties, respectively, together with the Treasurer of Allendale County, when one has been appointed and duly qualified, shall proceed forthwith to ascertain and determine the amount of money collected as taxes by said Treasurers of Barnwell and Hampton counties in their respective counties for and on account of the free public schools located in the territory taken to form Allendale County; when the same has been so ascertained and determined, each of said Treasurers shall forthwith pay over to the Treasurer of Allendale County for the use of the free public schools of Allendale County the amount so ascertained, less the amounts paid out for and on account of said schools before the formation of the county of Allendale or that may be paid out pursuant to the following proviso: Provided, That the school authorities of Barnwell and Hampton counties, respectively, shall draw the regular school warrants on the Treasurer of their respective counties in payment of the salaries of the teachers in the free public schools of Allendale County just as was done before the formation of said county, and the respective Treasurers of Barnwell and Hampton counties shall pay the same just as each, respectively, did before the formation of said county and while the territory taken to form the same was a part of his respective 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 Treasurers turn over to the Treasurer of Allendale County the funds belonging to the free public schools located in Allendale County as herein provided: Provided, That the Superintendent of Education of Allendale County is hereby authorized, empowered and directed to borrow, if the same becomes necessary, sufficient funds to run the various schools in Allendale County the usual length of time that the same have heretofore been run, and to secure the same he is authorized and empowered to pledge the taxes for the year 1919 of the several school districts for which, under the provisions of this section, he may borrow funds to carry the same for their respective usual terms.

§ 19. Township Boards of Equalization.

The Township Board of Equalization of the townships and parts of the townships of Barnwell and Hampton counties now embraced within the limits of Allendale County and herein formed into townships shall serve as the Township Boards of Equalization of 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 vacancy 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 boards shall be the same as the organization, procedure and duties of similar boards in Barnwell County.

§ 20. Transfer of Records.

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

§ 21. County to Be Liable for Certain Expenses.

That the county of Allendale is hereby made liable for, and the same is hereby made a debt of, Allendale County, all necessary expenses and liabilities, including attorney's fee and actual expenses incurred in the promotion of the formation of said county, which said expenses and liabilities hereby made an obligation and debt of Allendale County, except the attorney's fee and expenses, shall be submitted to and filed with the Commissioners named in Section 2, which said Commissioners shall audit the same, and when so audited the same shall be paid by said Commissioners out of the funds authorized by this section to be borrowed by it: Provided, That the amount of attorney's fee herein made a debt and liability of Allendale County shall be, and the same is hereby, fixed at the sum of $3,500.00, and to meet and pay said attorney's fee hereby made a liability of Allendale County, and also to refund the expenses of the official survey and other expenses in law required to be incurred by the petitioners in the formation of the county and to provide the money with which to pay the same, the Commissioners named and created in Section 2 are hereby authorized, empowered and directed to borrow, in the name of Allendale County, a sum sufficient to pay the same, and the said Commissioners are hereby authorized and empowered to secure the same by duly pledging so much taxes of Allendale County for the year 1919 as may be necessary.

§ 22. Laws to Remain of Force Unless Inconsistent Herewith—Conflict of Laws.

That all laws now of force in either Barnwell or Hampton counties are hereby made of force in Allendale County, when not inconsistent with the provisions hereof: Provided, That in case there shall be any conflict between any of the laws now in force in Barnwell or Hampton counties which by this section are made of force in Allendale County, then and in that event the law now of force in the territory taken from Barnwell County, and the law now of force in the territory taken from Hampton County, to form Allendale County, shall be the law of force, until otherwise provided, in the territory so taken, respectively, from each of said counties.

§ 23. Public Act—Effective on Approval.

This Act shall be deemed a public Act, and shall take effect immediately upon its approval by the Governor.

§ 24. Inconsistent Acts Repealed.

All Acts and parts of Acts inconsistent with the provisions hereof are hereby repealed.

Approved the 6th day of February, A. D. 1919.



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