from each other, a court of common pleas for the trial of issues, and a court of common pleas for the execution of writs of enquiry, and for hearing and determining of causes within the summary jurisdiction of the said court.

And be it enacted by the authority aforesaid, That Jurisdicti- from and after the first day of January next, the on of a ma- jurisdiction of justices of the peace, and of justices extends to of the quorum throughout this state, shall extend debts of 20 to all matters of debt or other demand, arising from

gistrate

dollars.

Either

party may appeal.

ses of ap.

contract, and in no other case of a civil nature whatsoever, to twenty dollars, to be recovered by the same proceedings as have been heretofore used in the trial of causes small and mean, before such justices as aforesaid. But if either of the parties shall conceive him, her or themselves injured or aggrieved by the judgment, decree or sentence of any justice of the peace or quorum, where the debt or demand is for any sum above six dollars, such person or persons may have an appeal to the first court which shall be held for the said district wherein such judgment, decree or sentence is given or awarded, upon giving sufficient security to prosecute such appeal to effect, or, on failure thereof, to satisfy the costs and condemnation of the said court; and the said court shall hear and determine the said appeal, according to the justice of the case, and award execution against the person or persons cast therein.

And be it further enacted by the authority aforeAttornies said, That the attornies fees in those cases where fees in ca- it may be deemed necessary by either party to have an attorney, that the attorney's fees in future, shall be only two dollars in all cases of appeal from the judgment of a justice of the peace, or justice of the quorum.

peal.

And be it further enacted by the authority aforeClerk of said, That the clerk of the court of each district court con- shall be, and is hereby constituted register of mesne register. conveyance for the same, in those districts wherein

stituted

county courts have heretofore been established, and in the following other districts, that is to say: Marion district, Colleton district and Beaufort district.

clerk is va

cant, the

And be it enacted by the authority aforesaid, That if it shall so happen at any time, that there where the shall be a vacancy in the office of clerk of the court office of of common pleas of any of the districts, by reason of the death, resignation of any of the clerks there- jedge shall of, or otherwise, and the same shall not be filled appoint. up, (as by law directed) in time for the sitting of the court, then, and in every such case, the judge or judges presiding or sitting at such court, shall and may appoint a proper person to act as clerk, during the sitting of the said court.

sheriffs to

oners of

And be it enacted by the authority aforesaid, That it shall and may be lawful for the commissi- Former oners of the roads in the several and respective clerks and counties throughout this state, to call on the late account to clerks and sheriffs of the said counties, and all other commissi persons having any monies, bonds, notes or ac- roads. counts in their hands belonging to the said counties, for the same; and the said persons are hereby directed and required to deliver up or pay over the same to the said commissioners of the roads, or their order, for the use of the poor of the said districts respectively.

And whereas, many inconveniencies have arisen and still arise, by reason of the sheriffs and coroners of this state not returning executions lodged in their offices as the law directs, notwithstanding the several laws already made to compel them :

returned

Be it therefore enacted by the authority aforesaid, That if any sheriff or coroner shall hereafter All execuneglect or refuse to return any execution or exe- tions to be cutions that shall or may be lodged in their offices, at the time with due returns thereon as the law directs, and at appointed. the times appointed by law, every such sheriff or coroner shall, for every such execution not returned as aforesaid, forfeit and pay a sum not less than

title, the

cost, if the

forty nor more than two hundred dollars, to any person who shall sue for the same, and shall not thereby be exonerated from such other pains and penalties as by law they are subject to. Provided nothing herein contained shall be construed to compel any sheriff or coroner to return any execution lodged in their offices expressly to bind property, and so marked by the persons lodging the same.

And be it enacted by the authority aforesaid, In all acti- That hereafter in all actions of trespass to try titles to ons to try lands, in all actions of trespass on the case, in all plaintiff actions of trover, and in all actions of detinue, or shall have any of them, brought to establish or try the right verdict is of title in any kind of property, if the plaintiff estababove four lishes his right of property therein, he shall, in evesuch case, recover and have his full costs of suit, wherein the verdict shall be above four dollars. And be it enacted by the authority aforesaid, Scire faci- That hereafter it shall not be necessary for any sheriff to have any witness or witnesses present at witness. the service of any writ of scire facias.

dollars.

as served

without

ry

And be it enacted by the authority aforesaid, Times and That so much of an act passed the twentieth Deplaces for cember, in the year of our Lord one thousand secourt of ven hundred and ninety-one, as relates to the times and places of holding the courts of equity for Charleston, Columbia and Cambridge, be, and the same is hereby repealed.

equity, al

tered.

Districts

And be it enacted by the authority aforesaid, That the districts now established, be divided individed in- to four equity circuits, that is to say: the Eastern, to four cir- Northern, Western and Southern: that the Eas

cuits.

tern circuit shall consist of the united districts of Charleston, Colleton and Beaufort, the court of equity for which shall be held in the city of Charleston, on the first Monday in May and November in every year; and also of the united districts of Georgetown and Marion, the court for which shall be held at Georgetown, on the first Monday in February in every year: that the

Northern circuit shall consist of the united districts of Darlington, Marlborough and Chesterfield, the court for which shall be held at Greenville, in Darlington district, on the second Monday in February in every year; and also of the united districts of Lancaster, Kershaw, Sumter, Richland and Fairfield, the court for which to be held at Kershaw court-house, on the third Monday in February and first Monday in December in every year that the Western circuit shall consist of the united districts of Spartanburgh, Union, York and Chester, the court for which shall be held at Union court-house, on the fourth Monday in February in every year; and also of the united districts of Greenville, Laurens and Newberry, the court for which to be held at Laurens court-house, on the Monday next after the fourth Monday in February in every year: that the Southern circuit shall consist of the united districts of Pendleton, Abbeville and Edgefield, the court for which shall be held at Abbeville court-house, on the second Monday next after the fourth Monday in February in every year; and also of the united districts of Barnwell and Orangeburgh, the court for which shall be held at Orangeburgh court-house, on the third Monday next after the fourth Monday in February in every year.

execute

And be it further enacted by the authority aforesaid, That the sheriffs of the districts within the District respective limits of which said courts shall be held, sheriff to are enjoined and required to execute, or cause to process isbe executed by his lawful deputies, all process sued from from the court of equity in the several districts be- the court longing to its jurisdiction as aforesaid; and that he shall attend or cause his lawful deputy so to do, the said court of equity during the time of its sitting; that two of the said chancellors shall attend at each court of equity hereby established.

of equity.

And be it enacted by the authority aforesaid, CommisThat all causes of equitable cognizance, arising sioners in

equity and within any of the districts of this state, shall be registers tried and determined in the jurisdiction or circuits to be ap- herem before described and marked out, and that

pointed.

tors to re

lic.

commissioners in equity and registers, shall be appointed for each of the said equity circuits or districts, in the manner prescribed by an act passed on the nineteenth day of February, one thousand seven hundred and ninety-one, entitled, "An act to establish a court of equity in this state."

And be it enacted by the authority aforesaid, That the attorney-general and the several solicitors Attorneygeneral respectively, be, and they are hereby authorized and solici- and required to proceed immediately to revive all vive suits suits, either at law or equity, commenced pursuof the pub- ant to the "Act to provide for the final settlement of the former commissioners of the treasury," passed the nineteenth day of February, one thousand seven hundred and ninety-one, against taxcollectors and others, defaulters in making returns or payment of the public taxes, and that it shall be lawful to revive the same in the name of the commissioners of the treasury for the time being, unless otherwise provided for by law.

And whereas, many suits in the courts of equity have not been finished, for want of a competent number of judges, and it is but just and proper to prevent the said suits from being out of court, and also to prevent an unnecessary expense accruing by the revival of the said suits :

Be it therefore enacted by the authority aforeSuits pen- said, That all suits which were in court, the day ding, re- the late chancellor Matthews resigned, bc, and they are hereby declared to be in court, and precisely in the same situation as they then were; any law, usage or custom to the contrary notwithstanding.

vived.

Sheriffs,

&c. to qua

And be it enacted by the authority aforesaid, That any sheriff, or clerk of any court, or judge lify before of the court of ordinary, or coroner of any district ces of the in the state, shall and may qualify and take the oaths by law prescribed to be taken by such she

two justi

quorum.