South Carolina - Legislative Acts Creating Counties / Districts

An Act to Establish a New Judicial and Election County from Portions of Darlington, Marion, Williamsburg, and Clarendon Counties, to be Known as Florence County, and to Adjust the Representation of Said Counties in the General Assembly.

December 22, 1888

Acts and Joint Resolutions of the General Assembly of South Carolina 1888, Pages 168-172

SECTION 1. Be it enacted by the Senate and House of Repre sentatives 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, to be known as Florence County, shall be formed, and is hereby authorized to be formed, from all that portion of Marion County, which lies west of the Great Pee Dee River, and those portions of Darlington, Williamsburg, and Clarendon Counties, included, with the same in the following boundaries, namely: Beginning at Sanders' Bridge, on Lynch's River, running in a northeasterly direction, following the Cartersville, Timmonsville, and Ebenezer Township line to the Palmetto Township line; thence in an easterly direction in a straight line to Muse's Bridge; thence in a northerly direction in a straight line to the Great Pee Dee River, at Cashua Ferry; thence following the said Great Pee Dee River down to its intersection with Lynch's River; thence following said Lynch's River up to a point at and above Anderson's Bridge; thence in a straight line westward to the Williamsburg and Clarendon County line, so as to embrace twenty-eight square miles of the territory of Williamsburg County; thence following the last named line in a northwesterly direction to the said intersection at Lynch's River of the said Clarendon and Williamsburg County line; thence following said Clarendon and Williamsburg County line in a southwesterly direction to its intersection with what is known as Centennial Road; thence following said road in a westerly direction to Hudson's Mill; thence running in a northerly direction a straight line to a point on the Clarendon and Sumter County line at Wood's Mill; thence following the Clarendon and Sumter County line in a northeasterly direction to Lynch's River; thence following the said Lynch's River, up to Sanders' Bridge, the beginning corner: Provided, That the County Commissioners of Darlington and Florence Counties may cause to be made a survey of Darlington County, and the area thereof be not reduced below six hundred and thirty-five square miles.

SEC. 2. That S. A. Gregg, B. B. Mc White, A. A. Myers, John McSween, James Allen, John S. Scott, J. W. Coward, and J. M. Knight be, and are hereby, appointed Commissioners to designate and establish the County seat, and to provide and procure suitable buildings for the several court and county officers, and to select and purchase or procure a site or sites for the usual public buildings, and to contract for and superintend the erection of the court house and jail thereon: Provided, That if the said Commissioners shall, on or before February 1st, 1889, have served upon them any petition or petitions signed by not less than one hundred freeholders in each ease, residents of said new county, asking for the selection of any locality or localities, named in the said petition or petitions, and accompanied in each case by security, payable to and to be approved by said Commissioners, in the true and just sum of not less than twenty thousand dollars, to the effect that the jail and court house shall be provided free of expense to the new County and of a style of construction and materials equal in every respect to the court house and jail of Marion County and at the cost of the said locality, or localities, so nominated, and with the further condition that the requisite funds for the purpose aforesaid shall be placed in the hands of the said Commissioners, on demand, to be made not later than thirty days after the selection as herein provided, of the said locality as the county seat; then in the event that more than one such locality be so petitioned for and nominated, with security to be approved by said Commissioners, as above set forth, the said Commissioners shall submit the question of the selection of the said county seat to a vote of the qualified electors of the County hereby formed, at a special election, to be held on the 1st Tuesday after the 1st Monday in March, 1889, in the following manner: That, for the purpose of holding said election, the said Commissioners above designated shall divide the new County into suitable voting precincts, and appoint the managers of election for each of the said precincts, who shall serve without compensation, and the said Commissioners shall likewise appoint any three days of the week preceding said election, in which such managers of election shall register, in a book to be furnished at each precinct by the said Commissioners, all male citizens residing in their respective precincts over the age of twenty-one years, the said Commissioners giving fifteen days, notice of said registration and election, by advertisement in one or more papers published in said new County. The said managers of election in each polling precinct shall open the polls at 8 o'clock in the morning of election, and close them at 6 o'clock p. m. The ballots of all voters who have properly registered within the respective precincts in which they reside, shall be deposited in a box, to be furnished at each precinct by the said Commissioners. The said ballots shall contain, in printing or in writing, simply the name of the locality preferred by the voter as the County seat and nominated, as above provided, by petition of one hundred freeholders, with approved security. A list of such localities as shall have complied with the required conditions shall be posted by the said Commissioners at each poll, and any ballots for other places shall not be counted. The vote shall be counted in each precinct as soon as the polls are closed, and the returns transmitted within twenty-four hours to the said Commissioners, who shall at once tabulate the returns and declare the result, and the locality receiving the largest number of votes at the said election shall thereupon be declared aud become the County Seat of the new County herein formed: Provided, further, however, If only one such petition for a locality, out of one or more localities petitioned for, shall be approved by said Commissioners as complying with the required conditions above set forth, or if only one locality be petitioned for with the requisite conditions above provided for, then and in that event, the said single locality shall be declared selected, and become the County Seat: And, provided still further, however, That if after the selection of a County seat under the terms and conditions above set forth, the said locality or its sureties shall fail on demand to turn over the requisite funds to the said Board of Commissioners, which said demand shall be made not later than thirty days after the date of said selection, the said Board of Commissioners shall immediately declare the selection of said locality revoked, void, and of no effect, and at once reopen the question of the selection of the County Seat, on the same terms and requirements as are above provided and were at first used; and in the event of an election becoming necessary upon any such re-opening of the question the date of said election shall be designated by the said Board of Commissioners.

SEC. 3. That an election shall bo held in the County of Florence on the first Tuesday after the first Monday in November, 1889, for the regular County officers provided for by the Constitution and laws of the State, and the Governor shall meanwhile appoint the other officers necessary to complete the County government and machinery for the due administration of the laws as required by the other Counties, and that on the first Tuesday after the first Monday in November, 1890, and forever thereafter, as provided by the laws of the State, for Senator and Representatives in the General Assembly.

SEC. 4. That until the next apportionment of Representatives the said County of Florence shall be entitled to two Representatives, and the said Counties of Darlington and Marion each to three Representatives in the House of Representatives of South Carolina.

SEC. 5. That the voting precincts heretofore established by law in those portions of Marion, Darlington, Williamsburg, and Clarendon Counties, included in the new County of Florence, shall be the precincts of the last named County.

SEC. 6. That the County of Florence be, and is hereby, attached to the 6th Congressional District, of which it forms a part territorially, and it shall form a part and parcel of the third (3d) Judicial Circuit, and the Courts shall be held as follows: The Court of General Sessions at the County seat (to be selected as herein prescribed), on the second Mondays after the third Mondays in February, the first Mondays in June, and the third Mondays after the fourth Mondays in October, and the Court of Common Pleas at the same place, and on the Wednesdays following the Mondays on which the Court of General Sessions opens for said County of Florence; the first term of said Circuit Court to be held on the third Monday after the fourth Monday of October, 1889. And the Trial Justices shall be located as they now are in the territory covered by the new County, until hereafter provided for by law.

SEC. 7. That a majority of the Commissioners named in Section 2 of this Act shall constitute a quorum for business; and the exercise of any and all the powers and duties vested in the said Commissioners by this Act shall be deemed valid to all intents and purposes, if voted for by a majority of the said Commissioners present at any meeting, provided a quorum be present.

SEC. 8. That the Commissioners named in Section 2 shall be authorized to rent any buildings at any convenient place they may select for their meetings, and for the other needs and uses of said new County, until the permanent County buildings be erected, as herein provided.

SEC. 9. That this Act shall be deemed a public Act, and that an Acts, or parts of Acts, inconsistent therewith, be, and the same are hereby, repealed.

Approved December 22nd, A. D. 1888.

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