Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

AN ACT Establish a County Court in the County of Sumter and To Define the Jurisdiction and Powers of Said Court and to Provide For the Conduct of the Business Thereof .;>? Section 1. Be it enacted by the general assembly of the State of W South Carolina: That an election shall be held in the county of Sum ^ ter oh the second Tuesday - in the month of June, 1921, and at such elec tion the commissioners of election for ,Slate and county elections of said county* are hereby directed to sub ?;,:>,.;mit to the qualified electors of said county the question of the establish . ment of a county court for Sumter , county,- and at such election, the *v Question of establishing said coun i: ty eourt shall be submitted to said electors in the following form: "Shall a county court be establish ed in the county of Sumter?" And upon this question the electors shall vote "Yes" or '"No" Provided, That fifcai least ten days public notice of said election be given in one or more newspapers published in said county, f.- All electors of said county qualified to vote at the last general election, and all electors of said county be coming qualified since that time, shall be entitled to vote in said elec ?v tion upon production of registration certificates, and i?roof of payment of . taxes - ;f or the preceding calendar years; and said election shall be con ducted;- and its results ascertained and established in the same manner as general elections in said county. Section *2. That in the event; that a majority of the qualified elec tors Voting at said election shall vote "Yes'"upon such question, then such county court shall be, and is hereby, established in and for said county of Sumter,""with such jurisdiction and powers as hereinafter provided. Section 3. That the said county ; court shall have concurrent jurisdic tion with the court of common pleas in said: county in all civil cases and special proceedings, both at law and in equity where the amount demand ed in <She complaint does not exceed the sum of three thousand ($3,000.00) dollars, or when the value of the property" involved does not exceed the sum cnt three thousand ($3,000.00) dollars: "* The said court shall also have jurisdiction to hear and de - termim*f in the same manner as the court of common pleas, and with the same power, all appeals in civil cases from judgments rendered by the magistrate's court in said county, and the proceedings on such appeal shall be the same as are now provided by law for appeals from said magis trate's-courts to the court of common pleas, Prvided, however, that the said j county court shall have jurisdiction of ! all proceedings for the partition of j real estate wherein no issue as to the title of said real estate exceeding the sum of three thousand ($3,000.00) dollars in value is raised by any party to said cause, and in the event such a proceedings is brought in said county court and an issue is made as to the title of real estate exceeding the sum of three thousand ($3,000.00) dollars in value, any party may have said cause transferred to the court of common pleas upon the order of the clerk of said court. That the said court shall have the jurisdiction in criminal matters and cases as pro vided by the constitution of the state and the jury in criminal cases shall consist of six (6) and verdicts may only be rendered by. the unanimous vote of the jury. That the indict ments found by the grand jury for crimes and offenses triable by this county court under the state consti tution may be by the court of general j sessions of Sumter county transferred to said county court for trial, de termination and sentence. That the j judge of the said county court may ! convene the grand Jury of Sumter i county at such time as he may find the due administration of justice re quires, and for such attendance the grand ijury shall receive the per diem j and mileage as in the general ses- j sions. j Section 4. That the said county j court shall be a court of general ju- ; risdiction within the limits above pre- ! scribed, and shall be a court of rec ord, and nave a seal inscribed with the words "County Court of Sumter j (County, S. C," and the same pre- j sumption in favor of its jurisdiction i and the validity of its judgments and j decrees shall hold as in the case of ! the jurisdiction, judgments , and de- j crees of the court of common pleas. | **That jail riafrts and powers necessary or requisite to the administration of the said county court are hereby granted. Section 5. That notwithstanding the provisions of Section 3 hereof, any cause now pending in the court of common pleas for said county, or hereafter brought therein, may be transferred by order of the clerk of court, to the said county court for trial, regardless of the amount sued for, or the value of the property in volved, upon the consent of all par ties appearing in the cause, and de fault cases may be, in similar manner, transferred, upon motion of th* plain tiff. Section 6. That all general laws and statutory' provisions applicable generally to the circuit courts of this state* and the trial of cases therein shall apply to said county court, and the conduct and trial of cases there in, where not inconsistent with the terms of this act; Provided, That any judgment rendered other than upon the verdict of a jury may be ehter ed upon the day of such rendition, upon the order of the presiding judge otherwise to be entf-red a:? oth er judgments, and execution may forthwith be issued thereon. Section 7. All attorneys licensed to practice in the courts <>f South Car olina may practice in said county court and the same forms of pleadings and the same rules of procedure, prac tice and evidence shall obtain in said county court as is now provided by law, or established by practice, for jthe conduct "and trial of civil cases in the court of common pleas where not inconsistent with the provisions of this act: Provided, That the complaint or a copy thereof, in a case for trial before the said county court shall be filed in the office of the clerk of court, with instructions to docket as now provided by law in the court of com mon pleas, before six o'clock in the [afternoon of the Monday preceding the first day of the next ensuing term of the said county court, and the clerk shall forthwith enter the case upon the appropriate calendar, and in no ease in which the complaint, or a ropy thereof is not so filed, shall be tried at any term of said county court, except by order of the court: Provided, Further, That this pro viso shall not apply to default cases, which may be docketed as a matter of course at any time prior to the convening of said county court, or upon the order of the judge thereof, during the term: Provided, Further, That no case shall be forced to trial in said county court pending the taking of testimony de bene esse, un less it is made to 'appear tha* said testimony is being taken merely for the purposes of delay or that the party taking the same has been guilty of laches with regard thereto. Section 8. Where a jury is requir ed by law in the trial of causes in said court, such jury shall consist of six persons. In all civil action and proceedings either party may be en titled to a jury trial in all cases in which a trial of jury is granted of right under the constitution and laws of this state, unless such right be waived in the manner provided by law. Section 9. That in all cases the special proceedings within the juris diction of the county court, and pend ing therein the judge of the county court shall have the same jurisdic tion and powers, both in open court and at chambers, as is possessed by circuit judges over cases pending in the circuit courts over which they are presiding, or in the circuits in which they are residents: Provided, That said county judge shall have the same power as circuit judges now h&vo to issue writs of habeas corpus in all cases, civil and criminal, and to grant bail, where now.provided by law, upon return thereto. The said judge of the said county court may make rules for the conduct of busi ness in his court, not inconsistent with the provisions of this act, or with the law of the state, said rules to be approved by the Sumter county bar association, or a majority there | of, before becoming effective, and should such rules not be promulgated, then the rules of the circuit courts of this state, whenever relevant, shall : be held to apply. Section 10. The right to appeal ! fro^pa all decisions and orders of said j court, or the judge thereof, shall be : to the supreme court of the state, and shall be prosecuted in the same manner, and subject to the same rules, statutes, practice and proce dure as now govern appeals from circuit courts, in said supreme court. Section 11. That the civil and criminal terms of the county court shall be held at the discretion of the county judge at such times as he may deem necessary to dispatch prompt ly the business of the court, and con tinue for such time as is necessary to dispose of the business before the court: Provided, That there shall be a civil term of said oourt held each year within the months of February, May, August and October: Provided, Further, That each week that may be designated for jury trials shall be considered a term, and that such term may be continued beyond the week if necessary to dispose of any case or action civil or criminal com menced within said week: Provided. Further, That the judge of said county court shall upon the request of the bar of the county of Sumter call a civil term of the said court whenever the same is necessary and a criminal term upon the request of the solicitor of the third circuit and the bar of said county when such terms are necessary and that the said court shall be open at all times for transaction of such business as may be disposed of without , a jury. Section 12. That the board of jury commissioners as constituted by law in said county for the drawing of the jurors for the circuit shall consti tute the board of jury commissioners for the drawing of jurors to attend upon the sessions of the county court civil and criminal, and such commis sioners shall upon the order of the said court, at such times as shall be fixed by the judge thereof, and j after five days' notice of such draw- , ing, given in the manner now provid ed by law. draw from the jury box (whether the same has been previous ly drawn or not; a panel of petit jur ors, and the clerk of said court shall immediately issue to the .sheriff, a writ of venire, containing the names of the persons thus drawn as petit jurors, which venire shall be return able at such times as may be named I by said court, and the persons thus i drawn shall be the jurors for J said court, and all the law relating to the qualifications, drawing and | summoning of jurors of the circuit court shall aply hereto, except as j herein otherwise provided: Provid ed, That not more than eighteen per- j sons r.hnll be drawn and summoned to attend at the same time at any ses sion of the county court, unless the court shall otherwise order, .furors drawn and summoned shall appear and attend upon- the sessions of the county court for which summoned until excused or discharged by the j judge thereof: Provided, That ser vice a* jurors in the county court shall not be held to exempt a juror from such service in the circuit couit, nor shall service as juror in the cii cuit court exempt such juror from service in the county court: Provid ed. Further, That in Striking jurors from the panel for the trial of civil in said county court, the clerk shall prepare in the manner provided by law a h^-t of twelve named, and the plaintiff and defend ant shall each be allowed to strike three jurors. That jurors so drawn shall be eligible for service in civil and criminal action. Section 13. That the clerk of the circuit court shall be ex-officio clerk of the county court, and shail keep [such calendars, minutta* -and records^ of the said county court, and tne cases therein pending4, and attend and perform the duties of the clerk thereof, either in person or by dep uty, as is required of him by law as clerk of the circuit court. That the costs and fees of the clerk in civil cases in the county court shall be the same as those allowed in similar cases in the court of common pleas; That the board of county commissioners of said county shall provide all books necessary for keeping the records of said court. Section 14. That the sheriff of Sumter county shall be subject to the orders thereof and shall execute the orders, writs, mandates and judgments of said county court, as required by law of hirn with re ference to the court of common Pleas. Section 15'. Jurors and witnesses in attendance upon the sessions of jthe county court shall be entitled to I receive the same compensation a9 is provided with respect to the court of Common Pleas, Section 16. Judgments and decrees of the county court shall be entered, enrolled and indexed in the same books, and in the same manner, and shall have the same lein, force and effect, and may be renewed in the same way, as now provided by law for judgments and decrees of the court of common pleas. Section 17. That no one shall be eligible for the office of judge under this act except a resident, practicing attorney of the county of Sumter who shall have had at least five years' ex perience at the Bar of South Caro lina. That at the time provided for [the election on the question of es tablishing the said court the question of tha election of a judge for said [court shall be submitted and the can didate receiving the highest number of votes shall be appointed county judge by the governor. Said judge shall hold office until the next gener al election and until his successor ?shall be elected and qualifies. That at the next general election a judge of said court shaii be elected who shall hold office for a term of four (4) years and until his successor is elec ted and qualified and at each alternate general election a judge of said court shall be elected and shall hold office until his successor is elected and qual ified. The elective term of the office being four years. That the said, coun ty judge before entering upon the du ties of his office shall take the same oath of office as required by law for circuit Judges, and shall be commis sioned in the same manner as circuit judges. All vacancies in the. office of county judge shall be filled by ap pointment by the governor, upon .the recommendation of the Sumter Coun ty Bar Association, or a majority thereof, such appointee holding for so much of the unexepired term as precedes the next general election af ter any vacancy, and until his suc cessor is elected and qualifies. In case of th absence or inability of the county judge, at the time fixed for the holding of any term of said court, the governor may appoint some other suitable person, being an attorney at law, to hold said term of court as special county judge. The county judges, as provided for in this act, shall not practice law in any court in South Carolina, nor shall he try in the county court any cause In which he is, at the time of trial, or was previously thereto, interested as party or counsel. That a solicitor for said court to prosecute all cases therein and to perform such other duties incident to the prosecution of cases in said court, shall be elected at said election hereunder to serve until the next general election and un til his successor is elected and quali fied. That the nexta general election a solicitor t~>r said court shall be elected lor a term of four years. The salary of such solicitor to be three hundred and fifty ($350.00) dollars per annum, payable monthly as county officers are paid. Any vacancy in the office of said county solicitor to be filled by appointment of the governor upon recommendation of the delegation and members of the bar of Sumter county and to hold until the next succeeding general election, and until his suc cessor is elected and qualifies. The ? lective term of the office after the next general election afier the passage of this act to be fo'ir years. It shall be the duty of said solicitor to attend all inquests in said county and see that the interests of the state are looked after and protected in all cases. Section 18. The salary of said ^county judge shall be the sum of three thousand ($3,000.00) dollars per annum, payable by the county of Sumter in monthly installments. The said judges of said court shall possess all the power in respect to preserv ing order, and punishing for contempt of court as are now possessed by cir cuit judges, and said judges shall not charge on the facts, but shall declare the law only. Section 19. That the said judge o* the county court may appoint a suffi cient number of bailiffs, not to exceed two, to attend upon the court, and be subject to the orders thereof; that the said bailiffs shall have the same pow er as constables of said eoumy, and shall receive as compensation two dol lars pei day for the time actually en gaged, and shall not be retained in attendance upon the court longer than the exigencies of the court may re quire. Section 20. That the said county judge shall appoint f^r the said court an efficient stenographer who shall attend upon said sessions of said court and perform the same duties in con nection therewith as are performed by the circuit stenographer in connection with the court of common pleas: That the raid judge shall tlx the compensa tion of said stenographer either on the basis of an annual salary, payable In monthly instalments, or of a per diem for the days actually engaged in the performance of the duties of the office; <:aid compensation to be paid by the county; provided, how ever, that such compensation, which ever method of payment be adopted, -ball not exceed the sum of twelve hundred ($1.200.00) dollar;) per an num. Said stenographer shall also re ceive such fees as provided by law for stenographers in the circuit courts. The term of office of said stenograph e a cigarette R. J. REYNOLDS Tobaccs Wia?to2.-Salcaa, N, C. ;e wis m my The Camel idea wasn't born then. I! was the exclusive expert Camel blend that revolutionized cigarette smoking. That Camel blend of choice Turkish and Domestic tobaccos hits just the right spot. It gives Camels such mellow mildness and fragrance! The first time I smoked Camels I knew they were made for me. I knew they were the smoothest, finest cigarette in the world, at any price. Nobody can tell me anything different er shall be during the pleasure of the county judge. , Section 21. That all costs and dis bursements allowed the prevailing party and all costs and fees allowed officers of the court in actions in the court of common pleas, shall be allow ed in actions in this court. Section 22. That it shall be the duty of the Board of County Com missioners for Sumter county to make provisions for holding the sessions of said county court. Section 23. That all acts and parts of acts inconsistent with this act be, and the same are, hereby repealed. Section 24. That this act shall gc into effect immediately upon its ap proval by the governor. Approved the 7th day of March A. D. 1921. R. A. Cooper, Governor. Home Demonstration Department. The following women will attend Winthrop short, course June 3rd to 10th: Mesdames William Hayns worth, Sam Weinberg, Rembert Mayes, Linda Ma yes, Mass Helen Weinberg. The girls will go through the coun try with the county agent. The party leaving Thursday morning will consist of Alma Huggins, Inez Huggins, Sal lie Gardner, Tillie Brice, Sara Staf ford, .and Miss Truluck. This-party expects to join another party in Camden. Milk Campaign Expenditures. Speakers materials: Cardboard, $1.30; crayon, io; paper bags, 70; clips, 25; dolls, 1.50. Food supplies: Cottage cheese dem onstration, $2.2ft; child's feeding (Cherry's), 2.21; child's feeding (Hearon's), 1.30. Exhibits: Printed placards, $2.75; other placards, 1.90; dairy posters, 2.50; balloons for window, 60; street sign, 5.00. Miscellaneous: Rubber stamp, $1.50; telegrams, 1.4U; weight carts school), 4.00; wreight carts (preschool) 5.00; express and postage, 2.C5; rub ber bands, 25; 20 copies Milk Fairy Playette. 2.0o; pictures, 10.84; long distance, 1.00. Shortest Route For Express. Columbia, May 30.?Representatives of two express companies and of a number of Chambers of Commerce and other commercial organizations of the state, representing: shippers, will appear before the state railroad com mission Wednesday in the hearing called to consider the question of express routings and lates. The ship pers are endeavoring to have both companies interchange express, that the shortest distance between two points may always be used in i outing shipments. The Act of the Legislature, under which tue County Court election is to be held on June 14th, is printed in full to-day for the information of the public. Every voter has the right to know what he is voting on and what it will cost him to add another court to the legal machinery of the county. The act makes no provision for the publication of the County Court Law, although as a matter of right such a provision should have been made for the information of those who are ex pected to vote on the subject. . MANNING GOES TO EUROPE Will Attend Cotton Conference in London Columbia, May 30.?Former Gov. Richard I. Manning1, president of the American' Products Export and Im port corporation, will sail from New ? York next "Wednesday for England to attend the world's cotton confer ence to be held in London, June 13th to 23rd, inclusive. Governor Man ning : left Columbia Fr iday morning, stopping off en route at Richmond and Washington. Mrs. Manning ac companies him on his European trip. Attendance upon the cotton con ference in London will put Gov. Man ning in touch with the cotton situa tion as it exists in every country of the world. He will return to Colum bia in about six weeks. The American Products Export ar.4, Import corporation organized last fall, began business about the first of December. To date it has handled ! 36,875 bales, about one-half of which j has been exported and paid for. The j corporation is now exporting cotton regularly. The facilities offered by the American International banking company and the war finance corpor ation for aiding '.he corporation in increasing the volume of its export trade are enabling it to get into long er strides, which will mean a steady movement of exported cotton hereaf ter. Rural Carriers Celebrate Holiday. May 30 has been declared a nat ional holiday and has been set aside to be known throughout the country , as Decoration day. All United States mail carriers have been granted the day as a holiday and are celebrating it by meetings of various kinds throughout the state and land. All of Sumter county's rural car riers met today in the county court house where they held a very en- j joyable luncheon at the noon day ! hour. Addresses were heard from ! Dr. George Dick and Secretary of Chamber of Commerce, E. I. Reardon. These talks were heartily enjoyed by all. Present at the dinner were: Messrs. S. M. Mellette, B. B. Jack son. XV. Y. Marshal. John Baker Brooks Bultman and J. D. LeNoir of Sumter; T. C. DuBose oi Oswego; J XV. McCoy, St. Charles; John Parker. Dalzell; L. S. Vinson, Capt. McLeod and Hay wood ?.'handler of Rembert; B. F. Hope of Providence; Marion Mellette of Wedgefield and George Brown of Timmonsville. Marriage License Record. A mariage license has been issued to Mr T. D. Geddings of Wedgefield and .Miss Bida Singleton of Lynch burg. Orangeburg, May 2S.?Richard Da vis, operator of a still near Bowman. > was released on bail Saturday, when! ihe still was raided Thursday, 1.60? gallons of mash were found. The in- j teresting feature of this ease is the open charge made by Davis that Ru ral Policeman J. W. Criddle was his partner in the still, and cooperated with him. OUTLOOK FOR COTTON CROP American Co ton Association Makes Estimates1 Columbia, May 3<?.?Estimating that the reduction of cotton acFeage tQf 1921 has amounted to 30.73_pere?&t., the American Cotton association esti mates the yield for 1921 at 9,M'2.f I 098 bales. : ' " ? ? ''?' . Allowing a deduction in production this year of 12 per cent, on account I of a reduction oi; 51.17 per cent, in (the use of fertilizer, together with the reduction brought about by th* smaller acreage, the crop will total 7,558,265 bales. , Allowing a gain for an abandoned acreage to the amount of 4.95 ,per cent., the yield will be 6,905,075 bales, according to the American cottoa as sociation, w The yield this year will be th^ smallest which has gone upon - the market since I89l<, according to the estimate. Acreage reduction in the cotton growing states has amounted to 30.7.8 per cent., according to the estimate of the association, the total esti mated acreage planted for 1921 being 24,563,486, as against 35,4S9,00t> in 1920. - - In South Carolina the acreage in 1920 amounted to 2,900,000: sod in 19.'l it will amount to 2,035,220i ac cording to the estimate of the cotton association. The estimated reduc- . tion in the use of commercial fer- * tilizer in this state has amounted-tc 55.49 per cent, in 1912 and over the whole cotton belt the reduction has amounted to 51.17 per cent. The per centage of abandoned acreage - in South Carolina has amounted to 4.62 per cent, in South Carolina and -to 4.95 per cent, over the entire cotton belt, according to the estimate. The sheriff's o: ice in the court house has been cleared and cleaned of all excess whiskey that was n?fl absolutely essential as court evidence. This accumulation of "Mammy made." "Moonshine," "regulation"-or "What not" was poured .out. on Sat urday a. m. bright and early by.Jthe sheriff and deputy. The exhibition copper stiils that have been in this office tor several weeks were chopped up and sold to the junk man. At the election to be held on June 14th rh? qualified electors of Sumter county will have two issues to pass upon?they will vote. "Yes", or "No." on the question of establishing ? the . County Court, and for one of the caii-' didates for Judge, or they may not vote for any of the candidates if they see fit. The proper course for those who vote "No" will be to scratch ?11 the candidates, as the voter is against the establishment of the ? Court can*?? not consistently vote for a Judge, x M,r. O. V. Player, who spend Sun day at his old home near Sardinia, Clarendon county, says that the boll weevils are playing havoc with the young cotton in that section and that quite a number oc farmers are plow ing up the cotton and planting com. He says that the weevils are so thick, that he round eleven cluster^ in tfee. . bud of one cotton plant.