South Carolina - Legislative Acts Creating Counties / Districts

An Act to Establish a New Judicial and Election County from Portions of the Counties of Barnwell, Edgefield, Lexington and Orangeburg, to be Known as Aiken County.

March 10, 1871

Acts and Joint Resolutions of the General Assembly of South Carolina 1870-1871, Pages 695-696

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That a new Judicial and Election County, with its seat of justice located at the Town of Aiken, which County shall be known as Aiken County, shall be formed, and is hereby authorized to be formed, from portions of the present Counties of Barnwell, Edgefield, Lexington and Orangeburg, with the metes and bounds hereinafter described, to wit: commencing at the mouth of Fox's Creek, in Edgefield County, where it empties into Savannah River, thence in a straight line to where the South branch of Chinquepin Falls Creek, (a tributary of the North Edisto River) intersects the Edgefield and Lexington line; thence down said creek to where it empties into the North Fork of the Edisto River, and down the said North Fork to where the dividing line between Lexington and Orangeburg Counties (running from Big Beaver Creek to the North Fork of the Edisto) touches said river; thence in a straight line to the head of Tinker's Creek, in Barnwell County; thence down said creek to where it empties into the Upper Three Runs, and down said Runs Creek to where it empties into the Savannah River; thence up the Savannah River to the initial point at the mouth of Fox's Creek.

SEC. 2. That Frank Arnim, M. F. Maloney, P. R. Rivers, J. L. Jamison, E. Ferguson, J. N. Hayne, E. J. C. Wood, P. R. Rockwell, J. A. Greene, W. H. Reedish and B. Byas, be, and are hereby, appointed Commissioners to run out and properly make and define the said boundary lines, with the assistance of two (2) competent surveyors, to be selected by them.

SEC. 3. That S. J. Lee, Frank Arnim, P. R. Rivers, C. D. Hayne, John Wooley, E. J. C. Wood, J. N. Hayne, Levi Chavis, W. H. Reedish and J H. Cornish, be, and are hereby, appointed Commissioners to provide suitable buildings for the several Courts and County officers, and to select and purchase, or procure sites for the usual public buildings, and to contract for and superintend the erection of the Court House and Jail thereon; and that said public buildings shall be built at the expense of the citizens of said County, and, to meet the said demands, a special tax on the assessed value of real and personal property in said County be levied.

SEC. 4. That an election shall be held in the County of Aiken, as established by this Act, on the third Wednesday of October, A. D. 1872, for members of the General Assembly, and the regular County Officers provided for by the Constitution and laws of the State, and the officers so elected shall, before entering upon the duties of their respective offices, be required to give bond, with sureties, as now is or may be required by law.

SEC. 5. That until the next apportionment of Representatives, the representation of the several Counties of this State affected by this Act shall remain as now established

SEC. 6. That the County of Aiken be, and it is hereby, attached to the Third Congressional District, and shall form part and parcel of the Sixth Judicial Circuit, and that the regular terms of the Courts of General Sessions and Common Pleas shall be held in the Town of Aiken, on the second Monday of January, May and September of each year, and that the Justices of the Peace, Constables, in the several Counties affected by this Act, who shall be in office at the time this Act goes into effect, shall continue in office until their successors shall have been elected, and shall have qualified: Provided, however, That the Justices of the Peace and Constables now in office shall, from and after the time this Act goes into effect, be confined and limited in their official capacity, duty and power to the limits of their respective Counties, as altered by this Act, and the said officers residing in Aiken County shall, in like manner, be restricted in their official function to said County of Aiken.

SEC. 7. That from and after the fourth day of October, A. D. 1872, all su1ts pending in the Courts of Barnwell, Edgefield, Lexington and Orangeburg, of which the defendants reside in those portions of the said Counties now established as the County of Aiken, and all indictments now pending in the Courts of said Counties, where the offence was committed in those parts of the said Counties now established as the County of Aiken, shall be transferred to the dockets of the Courts of the said County of Aiken, and all records, commissions, and other papers belonging to any of the said suits or indictments, together with all the legal incidents thereunto appertaining, shall be transferred to the Clerk of the Court of the said County of Aiken, and all writs and other processes already issued and made returnable to the fall term of the Courts of Barnwell, Edgefield, Lexington and Orangeburg, where the defendants in the said cases reside in the parts of the said C unties now established as the County of Aiken, shall be as valid and effectual as though they had been issued to the fall term of the Court of the said County of Aiken; and the service of such processes by the Sheriff of any of the said Counties shall be as good and effectual as a service to the Fall Term of the Court of the said County of Aiken; and all such writs and processes shall be transferred by the Clerks of the Courts of the said Counties to the Clerk of the Court of the County of Aiken.

SEC. 8. That the Board of Jury Commissioners of Barnwell, Edgefield, Lexington and Orangeburg Counties, be, and are hereby, required to prepare and furnish to the Board of Jury Commissioners of Aiken County, on or before the fourth Monday of October, 1872, separate lists of persons liable to serve as jurors, and residing in the limits of the said Coties, as altered by this Act. From the lists so furnished to the Board of Jury Commissioners of Aiken County shall be drawn, in accordance with law, the Petit and Grand Jurors, and talesmen of the Courts to be holden in Aiken County, in conformity with the provisions of this Act, and the jurors so drawn are hereby declared lawful jurors, to all intents and purposes.

Approved March 10, 1871.



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