South Carolina - Legislative Acts Creating Counties / Districts

An Act to Establish Calhoun County.

No. 567 - February 14, 1908

Acts and Joint Resolutions of the General Assembly of South Carolina 1908, Pages 1279-1289

WHEREAS, at an election ordered and held in accordance with law the qualified voters residing in certain portions of Orangeburg and Lexington Counties, as hereinafter described, decided by the necessary legal vote in favor of the formation of a new County; and,

WHEREAS, all of the conditions required by the Constitution and laws of this State regulating the formation of new Counties were and have been complied with;

SECTION 1. Be it enacted by the General Assembly of the State of South Carolina, That a new judicial and election district, to be known as Calhoun County, is hereby formed and established pursuant to the Constitution and the laws of this State, the same to have the following boundaries, to wit: Starts in Lexington County on the Congaree River at a point where the land line between lands of C. M. Cremaretie and Vandy Speers strikes said river and running the land line between said parties (Cremaretie is in and Speers out of the new County) crossing the State Road on this same land line, continuing straight line 125 chains to a pine on the Pine Plain Road, thence south twenty-one and a half, west sixteen and one-half chains to pine on same road. Then south ten, west 71 chains to a stake on Nina Davis' land, then south 23, east on said line (Davis is out and Geiger in) crossing Savana Hunt Creek (Crawley out) at 45 chains to a pine, total distance 103 chains, then south eleven west to a dead pine on Pine Plain Road, distance 3 miles, south two east with road, twenty chains, same line fifty-five chains to Big Sandy Run near the south of Huckabass Mill, continuing to one mile, then south 36-1/2 west 35 chains to a pine near Pine Plain Road, south 29-1/2 west said road line, twenty-three chains and a half, dead pine, then south 33 west 53 chains to pine and stake on Rast land, then south 9-1/2 west 11 chains pine. South one, east straight line to Mrs. R. L. Baker's land line, then the said line to a corner near Camp Ground Road, then a straight line to Orangeburg Road near Porterfield Mill, then a direct line to the head of Branham Branch, said branch the line to Beaver Creek, then Orangeburg and Lexington line, southwest to the corner of Caw Caw and Elizabeth Townships, said line southwest to the Joe Amaker old mill on Lime Stone Creek, then north forty five east to Little Lime Stone, then same creek the line north to Poplar on Robertson Plantation Road, then south 76 degrees east to the Kennerly Road, crossing the Kennerly Road one half mile south of Moody Godwin's house, continuing the same line crossing the Columbia Road nine miles north of Orangeburg, continuing to the Southern Railway crossing 8-1/2 miles northeast of Orangeburg Courthouse, continuing from said point on Southern Railway 8-1/2 miles northeast of Orangeburg Courthouse to a point on Four Hole Creek marked and designated by an Ash Tree X and witnessed by Maple and Gum trees, said line having the folowing course: S. 49°00' E. and being about 47,550 feet, thence the creek the line to the land line of Jacob Riley, the said land line out to State Road near Fred Dantzler's, down said road to the land corner of Fred Dantzler's, then the Dantzler land line to point on Haigler land line, Haigler's land line, the line to public road, Oak X 3 N near David Smith's residence, said road the line to a branch southwest of T. V. Bair's residence, then up said branch 40 chains to stake X 3 N then northeast across A. C. L. R. R. to stake 66 feet from center of track, then up the said right of way north 57-1/2 west 120 chains to stake on the Orangeburg Road 66 feet from center of A. C. L. R. R. track, Orangeburg Road the line to the Moncks Corner Road, then north 73 east passing at the north edge of the old Santee Grave Yard, continuing to a stake X 3 N north of C. W. Shumaker's residence, then south 67 east to a stake by road of Capt. George D. Rast's estate land, then north 79 degrees and 45 minutes east to an oak on the road near Trinity Graveyard then north 69 east east to a stake on Two Chop Road by Neighborhood Road, intersecting on J. A. Johnson's land, then south Two Chop Road the line to little Poplar Creek, distance 37 chains, then down the said creek the line to McCord's Ferry Road, said road the line south 45 degrees east 209 chains to Hydrick's old mill on Big Poplar Creek, said creek the line to Santee River, up the Santee River to the Congaree River, up the Congaree River to commencement point. The County seat is hereby established and located at St. Matthews.

SEC. 2. That the following persons, J. S. Wannamaker, M. D. Keller, John J. Muller, G. W. Fairey, G. A. Baxter, G. B. Holman, T. A. Amaker, John A. Peterkin and P. F. Spigner, are hereby appointed Commissioners of the said County of Calhoun, and they and their successors in office are hereby authorized to have the boundaries of said Calhoun County marked as now surveyed, and to provide a Courthouse and jail, by the erection of suitable buildings at the County Seat, and to receive and accept in the name and for the County of Calhoun any bonds, money, lands or other gifts donated or hereafter given to have erected the said public buildings: Provided, That when the County Supervisor for said County is elected and qualified and County Commissioners are appointed or elected and qualified, or such County officers as shall then be clothed by law with the authority now exercised by said Supervisors and Commissioners, the above named Commissioners shall then turn over to the County Board of Commissioners or such officers as are then exercising their authority, all the public buildings, if then completed, and also all bonds, obligations, lands or money in their hands and belonging to the said County of Calhoun, and then their powers and duties shall cease, and the County Board of Commissioners or such officers as shall succeed to all the rights and powers of said Commissioners, shall then take charge of all of said property of said County and shall be vested with the powers herein given to the said Commissioners above named as to the same. A majority of the Commissioners named in this Section shall constitute a quorum for the transaction of business and acts of said majority shall be legal and binding to all intents and purposes. Said Commission at its first meeting shall elect a Chairman and a Secretary. It shall be the duty of the Secretary to keep an accurate minute book of all the proceedings and transactions of said Commission. Said Commission shall provide all necessary books and furniture for all County purposes made necessary by the formation of Calhoun County, and the same shall be paid for by said County.

SEC. 3. That at the time of the general election in this State in the year 1908 there shall be a general election in Calhoun County, and at the said general election there shall be elected a Senator, one Representative, a Sheriff, a Clerk of Court, a Probate Judge, a County Superintendent of Education, a County Supervisor and a Coroner, and such other County officers as are provided for by law in the other Counties of the State, and for the term of office now provided for by law, so that the election in Calhoun County shall be uniform with the elections in the other Counties of the State. That appointments shall be made of all appointive officers as soon as the exigencies of the proper County government of the County of Calhoun require such appointment, and the appointment in each case shall be for such time or terms as may make such appointment coterminal with such appointments in the adjoining Counties: Provided, That on the second Tuesday in April, 1908, there shall be held in said County of Calhoun a special election, at which there shall be elected a Sheriff, a Clerk of Court, a Probate Judge, a County Superintendent of Education, a County Supervisor, and such other County officers as are now provided for by law in other Counties of the State. The term of office of those elected to the offices just mentioned in the foregoing proviso shall expire at the same time and in the same manner as the terms of the office of similar officers in the other Counties of this State, and such officers shall be so commissioned and shall, where a bond is required by law, execute the bond accordingly. For the purpose of said special election and the said general election in said County of Calhoun, the Governor of this State is hereby empowered and directed to appoint Commissioners of Election as now provided for by law in the other Counties of this State, and the same shall have like powers and perform such duties as are now provided for by law.

SEC. 4. That until the next apportionment of Representatives, the said County of Calhoun shall be entitled to one Senator and one Representative, who are to be elected at the general election hereinbefore provided; and the County of Orangeburg to one Senator and four Representatives; and the County of Lexington to one Senator and three Representatives.

SEC. 5. An election shall be held in Calhoun County on Tuesday following the first Monday in November, 1908, or on such other day as may be provided by law, for a Senator, for one Representative, and for all County officers provided for by the Constitution and the laws of this State.

SEC. 6. That the County of Calhoun is hereby attached to the Seventh Congressional District, and shall form a part and parcel of the First Judicial Circuit; and the regular terms of the Court of Common Pleas and General Sessions for said County shall be held at such time as shall be fixed by law, and the Magistrates located in and appointed for those portions of Orangeburg and Lexington Counties embraced within the limits of Calhoun County shall be continued in office until their successors shall have been appointed and qualified, as hereinafter provided; but, after this Act goes into effect, they shall be confined in the exercise of their jurisdiction, powers and duties within the limits of Calhoun County.

SEC. 7. Until the officers to be elected at the special election hereinbefore provided shall have been elected and all officers required to be appointed shall have been appointed and duly qualified, all County officers in Orangeburg and Lexington Counties, respectively, shall continue to perform and exercise the duties of their respective offices in the territory taken from each of the old Counties; but when said officers in Calhoun County, as herein provided, shall have been elected or appointed and duly qualified, they shall immediately assume their respective duties under the law of this State, and the duties and powers of the officers of Orangeburg County and Lexington County, respectively, shall cease in said County of Calhoun at such time.

SEC. 8. The Magistrates now holding office and residing in the said County of Calhoun shall be Magistrates in Calhoun County until their successors shall have been appointed and qualified, and they shall receive the same salaries and fees that they now receive, and they are vested with the same authority and jurisdiction that they now have: Provided, That in case there be any territory in Calhoun County over which neither of the Magistrates in said Calhoun County have heretofore exercised jurisdiction, then either Magistrate in said County shall have jurisdiction in said territory in all matters wherein Magistrates have jurisdiction. Magistrates' Constables shall each receive the same salary and fees that they now receive as provided for by law.

SEC. 9. The Governor is hereby authorized, empowered and directed to appoint a commission of seven persons, two of whom shall be residents of each of the Counties of Orangeburg, Lexington and Calhoun, and one a resident of some other County, which said commisison shall divide and apportion between said three Counties the present lawful and bona fide indebtedness of Orangeburg and Lexington Counties, respectively, according to the terms of the Constitution and the Laws of this State, so that Calhoun County under the Constitution and Laws of this State shall bear its just apportionment of the valid indebtedness of each of the old Counties from which it has been formed, and also any charges or claims which said court may have against the County of Calhoun. All expenses incurred by the commission provided for in this Section shall be paid by County of Calhoun, which shall not excel two dollars per day and actual expenses for the term of actual service, which time shall not exceed ten days: Provided, That the said commission shall have power to employ counsel, if they deem the same necessary, to consult and advise them in all matters appertaining to the performance of their duties under this Section, and to pay such compensation as they deem proper, which compensation shall be paid by the County of Calhoun.

SEC. 10. The Auditor of Calhoun, together with the Auditor of Lexington and Orangeburg Counties, shall proceed forth with to make up and prepare such book or books that may necessary under the law for the purpose of showing what property in Calhoun County is properly returnable and taxable in Calhoun County, and all tax returns made by property owners in Calhoun County, or by those having property in Calhoun County, to the Auditor of either Lexington or Orangeburg Counties, shall be delivered upon the preparation of such book or books to the Auditor of Calhoun County, and all taxes upon property in Calhoun County shall be payable to the Treasurer of Calhoun County according to law. The Auditor of Calhoun County, after the preparation of such book or books, shall proceed according to law to furnish to the Treasurer of Calhoun County such tax books as are now required by law for the purpose of the collection of taxes.

SEC. 11. The Governor is hereby authorized, empowered and directed to appoint three persons to act as Supervisors of Registration for the County of Calhoun. The Supervisors of Registration for the Counties of Orangeburg and Lexington are hereby directed to turn over to the Supervisors of Registration of Calhoun County all books of registration of the qualified electors who reside in Calhoun County; and in case any book of registration contains the names of qualified electors both of Orangeburg and Calhoun Counties, or Lexington and Calhoun Counties, then the Supervisors of Registration of Calhoun County shall make a list of the qualified electors residing in Calhoun County from such book, and shall enter the same in a book of registration according to law: Provided, That if any qualified elector residing in Calhoun County is registered at a voting place outside of said County of Calhoun, he may vote at the nearest voting place in his township, as established herein, in all elections under the law of this State until other wise provided for.

SEC. 12. The Governor is hereby authorized, empowered and directed to order the said special election, hereinbefore provided for, to be held on the second Tuesday in April, 1908, and he shall give notice thereof for three successive weeks by proclamation in some newspaper published in the County of Calhoun; and the Commissioners of Election hereinbefore directed to be appointed shall proceed according to law to hold said election and to do all things necessary and required by law of them in the holding of said election.

SEC. 13. That the Board of Jury Commissioners of Orangeburg and Lexington Counties are hereby authorized, empowered and directed to furnish to the Board of Jury Commissioners of Calhoun County, within ten days after demand by the Jury Commissioners of Calhoun County, separate lists of persons liable to serve as jurors and residing in the limits of the said Counties taken respectively to form Calhoun County. From the list as furnished to the Board of Jury Commissioners of Calhoun County shall be drawn, according to law, the petit and grand jurors talesmen of the court to be held in Calhoun County, in conformity with the provisions of law, and the jurors so drawn are hereby declared lawful jurors for all intents or purposes. The Jury Commissioners of Calhoun County shall be the same as in the other Counties of this State and as now provided for by law.

SEC. 14. That the County Supervisor of Calhoun County, in anticipation of the collection of taxes for said County, be, and he hereby is, empowered to contract for and incur liabilities on behalf of said County of Calhoun to the extent of $2,500.00, for the purpose of defraying all necessary County expenses, which said sum shall be repaid from the taxes collected in said County.

SEC. 15. That when the officers are elected and qualified, as provided for in the special election hereinbefore ordered to be held, the Governor shall immediately appoint a County Treasurer and a County Auditor for a similar and like term as the officers elected at said special election, and the bonds of all officers required by law to be bonded shall be fixed in an amount required by the commission named in Section 2 of this Act, and shall be approved as required by law.

SEC. 16. The Commissioners appointed in Section 2 are empowered, authorized and directed to lease all necessary offices and buildings for the purpose of conducting all County business and affairs. And they are further authorized, empowered and directed to provide a temporary place for the holding of all courts in said County, and also a temporary place for the safe keeping of all prisoners in said County; and, in case they deem it necessary, they are authorized and empowered to make any arrangement with the authorities of any adjoining County, or with the State Penitentiary, for the keeping of any prisoners; and all expenses incurred under this Section are to be paid by
the County of Calhoun.

SEC. 17. All suits pending in the Counties of Orangeburg and Lexington in which the defendants reside in the portions of said Counties now established as the County of Calhoun, and all indictments now pending in the aforesaid Counties in which the offenses were committed in the portions of said Counties now established as Calhoun County, shall be transferred to the calendars of the court of the County of Calhoun; and all records, commissions, and other papers belonging to any of said suits or indictments, together with all the legal incidents thereto appertaining, shall be transferred to the County of Calhoun within ten days after notice and demand therefor by the Clerk of the Court for Calhoun County upon the Clerks of the Courts for Orangeburg and Lexington Counties, respectively.

SEC. 18. The following named townships shall be the townships of Calhoun County: Amelia, the boundaries and formation of which shall remain as now established. Caw Caw, the boundaries and formation of which shall remain as now established, except the County line of Calhoun shall be a part of the boundary where said County line cuts the township of Caw Caw as it existed and was established while in Orangeburg County. Lyons, the boundaries and formation of which shall remain as now established, except to it is added and annexed the parts of Goodbys and Orange Townships that are included in the area taken to form Calhoun County, so that said township shall consist of the present township of Lyons, and the parts of Goodbys and Orange Townships of the old County of Orangeburg taken to form said County of Calhoun, and the County line of Calhoun County shall be the boundary of said township on the one side, and the present boundary line of Lyons Township, together with the proper boundary lines of Goodbys and Orange Townships, shall be the boundary lines of said township hereby established on all other sides. Pinegrove, theboundaries and formation of which shall remain as now established, except to it is added and annexed the part of Poplar Township that is included in the County of Calhoun, so that said township shall consist of the present township of Pinegrove and the part of Poplar Township of the old County of Orangeburg taken to form said County of Calhoun, and the County line of Calhoun County shall be the boundary line of said township on the one side, and the present boundary line of said Pinegrove Township, together with the proper boundary lines of Poplar Township, shall be the boundary lines of said township hereby established on all other sides.

Sandy Run Township is hereby created and established out of the territory taken to form Calhoun County from the old County of Lexington, the boundary lines of which shall be the County lines of Calhoun County and the boundary lines of Caw Caw and Amelia Townships. Said township is hereby made a voting precinct, and the voting place therein is hereby established and located at Red Store. The other townships herein established and created are hereby made voting precincts, and the voting places now existing therein shall remain the same.

SEC. 19. The Sheriff shall receive a salary of $1,000.00 and the civil fees now allowed by law; the Clerk of Court of Common Pleas and General Sessions shall receive a salary of $1,000.00, and all the fees now allowed by law shall be turned over to the County Treasurer for County purposes; the County Superintendent of Education shall receive a salary of $300.00; the County Supervisor shall receive a salary of $600.00; the County Commissioners shall each receive a salary of $500.00; the Coroner shall receive a salary of $100.00, in lieu of all fees; the Probate Judge shall receive a salary of $300.00, and all fees now allowed by law shall be turned over to the County Treasurer for County purposes; the County Treasurer shall receive a salary of $900.00, $300.00 of which shall be paid by the County of Calhoun, and $600.00 of which shall be paid by the State Treasurer, according to law; all fees now allowed by law shall be turned over to the County for County purposes; the County Auditor shall receive a salary of $750.00, $250.00 of which shall be paid by the County of Calhoun and $500.00 of which shall be paid by the State Treasurer, according to law; all fees now allowed by law shall be turned over to the County for County purposes; the Supervisors of Registration for the County of Calhoun shall receive a salary of $150.00 each, to be
paid by the State. The Sheriff shall be allowed twenty-five cents per day for dieting each prisoner.

SEC. 20. All laws now of force in the other Counties of this State are hereby made of force in Calhoun County, when not inconsistent with the provisions hereof.

SEC. 21. This Act shall be deemed a public Act, and shall take effect immediately upon its approval by the Governor. All Acts and parts of Acts inconsistent herewith are hereby repealed.

Approved the 14th day of February, A. D. 1908.



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