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A. D. 1805.

No. 1843. AN ACT TO RATIFY AND CONFIRM THE ACTS AND PROCEEdings of perHERETOFORE ACTING AS TRUSTEES OF THE COLLEGE OF Co

Preamble.

Former pro

firmed.

SONS

LUMBIA.

WHEREAS, it has been recently discovered that there exists a variance between the enrolled Act entitled "An Act to establish a College at Columbia," of record in the office of the Secretary of State, and the printed copy thereof, promulgated by authority of the State, for the information of the public; by reason whereof divers persons named in said printed copy, but who are not mentioned in the original Act, were required to act as trustees of said college, and did accordingly interfere and act as such:

I. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That all and every Act heretofore done, assented to ceedings con- or concurred in, by each and every person named as trustees in the printed copy of the Act entitled "An Act to establish a College at Columbia," passed the nineteenth day of December, in the year of our Lord one thousand eight hundred and one, from the promulgation thereof until the passing of this Act, which would have been legal and valid had the said persons been named or appointed trustees in and by the enrolled Act aforesaid, shall be, and the same are hereby declared to be, ratified and confirmed, and held to be as firm and effectual in law, in as full and ample a manner as if their several and respective names had been inserted in said Act.

Associate judges made

trustees.

Time of meet ing of trustees changed.

II. And be it further enacted by the authority aforesaid, That the associate justices of the court of common pleas for the time being, shall be, and they are hereby declared, ex-officio, to be trustees of the said college.

III. And be it enacted by the authority aforesaid, That the stated meetings of the trustees of the said college shall, and the same is hereby declared to, be changed from the first Wednesday in December to the fourth Monday of November in each year.

IV. And be it enacted by the authority aforesaid, That the said college College may shall have full and ample power to confer degrees on students or such other confer degrees. persons as may be deemed qualified to receive the same.

joint ballot.

V. And be it enacted by the authority aforesaid, That such part of the Trustees to be said Act as directs a nomination of trustees by the legislature be, and the elected by same is hereby, repealed; and that in cases in which heretofore the legislature might have nominated trustees, that the same shall be elected by a joint ballot of both branches of the legislature, and that the persons having the highest number of votes on such ballot, shall be, and are hereby declared to be, trustees of the said college.

In the Senate House, the fourteenth day of December, in the year of our Lord one thousand eight hundred and five, and in the thirtieth year of the Sovereignty and Independence of the United States of America.

ROBERT BARNWELL, President of the Senate.

JOSEPH ALSTON, Speaker of the House of Representatives.

A. D. 1804.

AN ACT RELATIVE TO THE ESTATE OF THE LATE DR. JOHN DE LA HOWE. No. 1844.

WHEREAS, the late Dr. John De La Howe, by his last will and testament, vested certain real estates, in the district of Abbeville, in the Agricultural Society of this State, for the uses and purposes set forth in the Preamble. said will; and whereas, the said trustees have petitioned the legislature to accept of their resignation of the said trust:

the trustees

I. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the Resignation of authority of the same, That the legislature of this State do hereby accept accepted. of the resignation of the said trustees, and that all powers, authorities and duties vested in or imposed upon the said trustees, do for ever hereafter cease and determine.

II. And be it further enacted by the authority aforesaid, That Colonel Joseph Colhoun, Peter Gibert, Andrew Norris, the Rev. Moses Wad- Other trustees dell and Ezekiel Colhoun, be, and they are hereby appointed, trustees for appointed. the purposes of carrying into effect the said last will and testament of the said Dr. John De La Howe; and that they are hereby vested with as full and ample powers, privileges and authorities, as the said Agricultural Society, by the said last will and testament of the said Dr. John De La Howe, was vested with.

III. And be it further enacted by the authority aforesaid, That in case of the death or resignation of any of the commissioners hereinbefore How vacancies named, that the others or survivors shall have, and they are hereby vested are to be filled. with, full power and authority to fill up and supply any vacancy or vacancies so occurring. Provided always, that the said commissioners do annually account before the ordinary of Abbeville district, in the way and manner in which executors and administrators are by law required to

account.

In the Senate House, the fourteenth day of December, in the year of our Lord one
thousand eight hundred and five, and in the thirtieth year of the Independence of
the United States of America.

ROBERT BARNWELL, President of the Senate.
JOSEPH ALSTON, Speaker of the House of Representatives.

AN ACT to incorporate the Trustees of the Pineville Academy. (Passed December 14, 1805. See last volume.)

AN ACT to incorporate the Botanic Society of South Carolina. (Passed December 14, 1809. See last volume.)

No. 1845.

No. 1846.

A.D. 1805.

No. 1847. AN ACT TO AUTHORIZE THOMAS P. CARNES TO PRACTICE IN THE Courts OF LAW AND EQUITY IN THIS STATE.

WHEREAS, by a clause of an Act entitled "An Act to alter and amend the several Acts for establishing and regulating circuit courts throughout this State," passed the twenty-first day of December, in the year of our Lord one thousand seven hundred and ninety-two, it is enacted, that no person hereafter shall be permitted to practice as an attorney or solicitor in any of the courts of this State, whose known and established residence shall not be within the same. And whereas, Thomas P. Carnes, of the State of Georgia, who had been admitted to practice in the said courts previous to the passing of the said Act, hath petitioned the Legislature to exercise his former privileges:

1. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the said Thomas P. Carnes be, and he is hereby, authorized to practice in the courts of law and equity in this State; any thing in the before recited clause to the contrary notwithstanding.

In the Senate House, the fourteenth day of December, in the year of our Lord one thousand eight hundred and five, and in the thirtieth year of the Independence of the United States of America.

ROBERT BARNWELL, President of the Senate.

JOSEPH ALSTON, Speaker of the House of Representatives.

No. 1848. AN ACT TO PREVENT THE OPERATION OF THE LIMITATION ACT ON THE LANDS OF THE LATE THOMAS WADSWORTH, ESQUIRE, DECEased.

WHEREAS, the late Thos. Wadsworth, in and by his last will and testament, did devise certain lands, situated in different parts of this State, for the express purpose of supporting a free school in Laurens district, which cannot be effected in the manner contemplated by the deceased, and which in fact may ultimately be prevented, by the operation of the said Act:

I. Be it therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the operation of the Act of limitation shall be, and the same is hereby, suspended so far as it may relate to or affect the aforesaid lands of the said Thomas Wadsworth, deceased, so devised for purposes before mentioned.

In the Senate House, the fourteenth day of December, in the year of our Lord one thousand eight hundred and five, and in the thirtieth year of the Independence of the United States of America.

ROBERT BARNWELL, President of the Senate.

JOSEPH ALSTON, Speaker of the House of Representatives.

A.D. 1805.

AN ACT TO AUTHORIZE ELIHU HALL BAY, ONE OF THE ASSOCIATE No. 1849. JUSTICES OF THE STATE, TO LEAVE THE SAME FOR TWELVE MONTHS.

WHEREAS, Elihu Hall Bay, Esq., hath petitioned the legislature for permission to leave the State for twelve months. And whereas, it is uncertain when the said Elihu Hall Bay may depart therefrom:

I. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the said Elihu Hall Bay be, and he is hereby, authorized to leave the State for the term of twelve months, to be calculated from the time of his departure.

In the Senate House, the fourteenth day of December, in the year of our Lord one thousand eight hundred and five, and in the thirtieth year of the Independence of the United States of America.

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ROBERT BARNWELL, President of the Senate.

JOSEPH ALSTON, Speaker of the House of Representatives.

AN ACT TO AUTHORIZE THE DRAWING OF JURIES FOR WILLIAMSBURGH No. 1850.
DISTRICT; AND TO CARRY INTO EFFECT THE ACT OF THE LEGISLATURE
ENTITLED "An Act to erect and establish Lexington County into a Cir-
cuit Court District, and for altering the sitting of the Courts in Horry
District;" AND FOR OTHER PURPOSES THEKEIN MENTIONED.

circuit are to

sit.

I. Be it enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of At what times the same, That the courts in the southern circuit shall sit at the following the courts in times, at the places now by law established, that is to say: at Orange- the southern burgh, for Orangeburgh district, on the second Monday in March and Ŏctober in every year; for Barnwell district, on the third Monday in March and October in every year; for Edgefield, on the fourth Monday in March and October in every year; for Newberry, on the first Monday after the fourth Monday in March and October in every year; at Granby, for Lexington, on the second Monday after the fourth Monday in March and October in every year.

II. Be it enacted by the authority aforesaid, That the court of Wil- Court of Williamsburgh district shall be holden in future at Williamsburgh court house, liamsburgh to on the twenty-first days of March and October in every year, and shall be holden at Williamsburgh continue to sit for any time not exceeding five days; and that the court of Horry district shall in future be held at the court house, in the district of Horry, on the twenty seventh days of March and October in every year; and shall continue to sit for any time not exceeding four days.

court house.

III. Be it enacted by the authority aforesaid, That the sheriff who shall be elected for Lexington district, and the sheriff who shall be elected Sheriffs to for Williamsburgh district, be, and they are hereby, authorized and remake jury lists. quired immediately after they shall be elected and commissioned, to make a jury list from the tax return of their respective districts of the preceding VOL. V.-63.

A. D. 1805.

Sheriffs, clerks

ed.

year, agreeably to law; and the said sheriffs respectively, and the respective clerks who shall be appointed and commissioned for the said districts of Lexington and Williamsburgh, shall forthwith draw from the said jury list, jurors to serve at the courts of common pleas and general sessions to be holden in and for the said districts of Lexington and Williamsburgh, at the times and places herein before appointed, in like manner as jurors are now drawn to serve in the courts of common pleas and general sessions in this State.

IV. And be it enacted by the authority aforesaid, That the sheriffs, and coroners to clerks and coroners in and for the said districts of Lexington and Williambe commission burgh, shall be appointed and commissioned in the same manner as those officers have hitherto been appointed in the other districts of this State. V. And be it enacted by the authority aforesaid, That the office of orington to be ordinary and register of mense conveyances shall be, and is hereby, vested dinary and re- in the clerk of the courts of common pleas and general sessions of the said gister. district of Lexington.

Clerk of Lex

Clerk of Wil

VI. And be it enacted by the authority aforesaid, That the office of reliamsburgh to gister of mesne conveyances shall be, and is hereby, vested in the clerk of be register of the said courts of common pleas and general sessions of the said district of mesne convey- Williamsburgh.

ances.

writs of venire facias.

VII. And be it enacted by the authority aforesaid, That the clerks of the said courts of Lexington and Williamsburgh be, and they are hereby, auClerks to issue thorized and required to issue a writ of venire facias, directed to their respective sheriffs, who shall summon the jurors so drawn as aforesaid, to appear and serve at the said courts; and that all jurors so summoned and failing to attend agreeably to such summons, shall be, and they are hereby declared to be, subject to the penalties prescribed by law against defaulters in like cases.

VIII. And be it enacted by the authority aforesaid, That all suits and Suits depend- prosecutions depending in the courts of common pleas and general sesing in said dis- sions at Orangeburgh, wherein the defendants reside in the district of Lextricts, where to ington, shall be removed to the courts of the said district of Lexington, be determined. and be there finally determined; and that all suits and prosecutions depending in the courts of common pleas and general sessions at Georgetown, wherein the defendants reside in the district of Williamsburgh, shall be removed to the courts of the said district of Williamsburgh, and be there finally determined; and that all recognizances entered into for the appearance of any person or persons at Orangeburgh, in cases which shall be transferred to Lexington, and all recognizances which shall be entered into for the appearance of any person or persons at Georgetown, in cases which shall be transferred to Williamsburgh, shall be continued and be binding on the parties for their appearance at the sitting of the said courts of Lexington and Williamsburgh respectively.

to take bond

and security

from the said

clerks and she

riffs.

IX. And be it enacted by the authority aforesaid, That Theodore Gourdin, James Campbell and John Nessmith, Esquires, be, and they are hereby appointed, commissioners for the purpose of taking bond and security from the clerk and sheriff appointed and elected for the said district of Williamsburgh; and that John James Haig, Alexander Bell, Joseph Culpepper, Hargrove Arthur and Jacob Seibels, be, and they are hereby appointed, commissioners for the purpose of taking bond and security from the clerk and sheriff who may be appointed and elected for the said district of Lexington.

X. And be it enacted by the authority aforesaid, That it shall be the duty Attorney general to attend the of the attorney general to attend the said courts of Williamburgh district courts at Wil- respectively, and there prosecute all actions and indictments which may be liamsburgh. necessary within the limits of the said district.

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