South Carolina - Legislative Acts Creating Counties / Districts

An Act to Establish Jasper County.

No. 459 - January 30, 1012

Acts and Joint Resolutions of the General Assembly of South Carolina, Pages 827-841

WHEREAS, At an election ordered and held in accordance with the laws of this State the qualified voters residing in certain portions of Beaufort and Hampton counties did decide 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 fully complied with:

SECTION 1. Be it enacted by the General Assembly of the State of South Carolina, That a new county as a judicial and election district is hereby formed and established pursuant to the Constitution and laws of this State, the same to have the following boundaries: Beginning at a point in the Savannah River, where the township line between Lawton and Goethe townships on one side and Robert and Coosawhatchie on the other, in Hampton County, intersect the South Carolina-Georgia State line; thence the said. line between said townships the line to its intersection with Coosawhatchie River; thence down the said run of Coosawhatchie River with its various courses to its juncture with Tulyfinny River; thence down the same with its various courses to its intersection with the western side of the right of way of the Atlantic Coast Line Railway Company; thence up sald western side of right of way to its intersection with Pocotaligo River; thence down the same with its various courses to its juncture with Broad River; thence down the same with its various courses to a pine tree, X 3 N, on Belia Point on the south side of Cole's Greek; thence a straight line to the median line of Hazzard's Back Creek, opposite Bolin Hall; thence down said creek to its juncture with Eutaw Creek; thence down said creek and through the nearest water ways to a point on Manigault's Neck, where the land line dividing the land of Chelsea Club from the Fripp land intersects said creek or waterways; thence the said land line to its intersection wlllh the Fripp public road; thence down the Beaufort County side of the said Fripp public road to its intersection with the Hazel road; thence westerly along the
Beaufort County side of said Hazel Road to its intersection with a public road at or near Hazel Episcopal Church: thence westerly along the Beaufort County side of said public road to its intersection with the Charleston and: Savannah Turnpike; thence the Beaufort County side of the said Turnpike to a point opposite its intersection with the southern boundary line of the land of the Okeetee Club; thence across said; road to the said boundary line the line in a westerly direction to a corner where said land line turns in a northeasterly direction; thence on said line in a northeasterly direction the line three-fourths of a mile; thence a straight line the line westerly to a point where the said boundary line of said Okeetee Club land intersects the county line of Hampton and Beaufort counties; thence the said county line the line in a southwesterly direction to its intersection with the northeasterly boundary of the Savannah and Augusta public road; thence in a southeasterly direction the said northeasterly boundary of the Savannah and Augusta public road to its intersection with the Charleston and Savannah public road; thence down the westerly boundary of the said Savannah and Augusta public road with its various courses and distances to a point on said road two (2) miles from the east bank of the Savannah River at Screven's Ferry; thence south sixty (S. 60° W.) degrees west a straight line the line to its intersection with the South Carolina-Georgia State line; thence the said South Carolina-Georgia State line with its various courses and distances the line to the beginning point. The said county is hereby named Jasper, and the County Seat thereof is hereby established in the town of Ridgeland.

SEC. 2. That the following named persons, C. E. Perry, John M. Langford, J. H. Woods, J. P. Wise and Rodger Pinckney are hereby made Commissioners of the said county of Jasper, and they are vested with the power and authority to fill any vacancy that may occur by reason of death, resignation or otherwise of either of them by the election of some suitable person to fill said vacancy; and they and their successors in office are hereby authorized, empowered and directed to have the boundaries of said Jasper County duly and permanently marked as now surveyed, and to provide a suitable courthouse and jail by erecting and equipping suitable buildings at the County Seat thereof; and they are further authorized and empowered to receive and accept in the name of and for the county of Jasper any bonds, money, lands or other gifts now donated or hereafter given towards the erection of said public buildings. The said Commissioners and their successors shall continue in office and exercise the authority and power hereby vested in them until the said courthouse and jail have been erected and made ready for use: Provided, That the said Commissioners shall turn over to the County Board of Commissioners, or such other officers as shall then be clothed by law with the authority now exercised by the said County Board of Commissioners, all of the said public buildings when completed and ready for use, and also all of said bonds, money, lands, or other gifts in their hands belonging to the said county of Jasper, and not then used and not thereafter needed by them in the erection and proper equipment of said buildings, of all of which they shall be the sole judges, and then their powers and duties hereunder shall cease, and not until then. The said County Board of Commissioners, or such other officers as shall succeed to the rights and powers of the same, shall then take charge of all of said property of said county so turned over to them by the said Commissioners. A majority of the said Commissioners shall constitute a quorum for the transaction of any and all business, and the acts of said majority shall be legal and binding to all intents and purposes. The said Commissioners at their first meeting shall elect a chairman and. a secretary, and may adopt such rules and regulations for the proper conduct of their business as shall from time to time be deemed necessary. It shall be the duty of the secretary to keep an accurate minute book of all the proceedings and transactions of said Commissioners. The said Commissioners shall provide all necessary books, stationery and furniture for all county purposes made necessary, or that may become necessary, by the formation of Jasper County, and the expenses of the same shall be paid by said county. The said Commissioners are empowered, authorized and directed to lease temporarily 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 safekeeping of all prisoners in said county, and, in case they deem it necessary or advisable, they are authorized and empowered to make arrangements with .the authorities of any adjoining county or with the State Penitentiary for the keeping of any prisoners, and all expenses so incurred shall be paid to the county of Jasper. The Commissioners shall each receive as compensation for their services, the sum of two dollars per day, not exceeding twelve days during each year, and also five cents per mile for actual mileage.

SEC. 3. That at the time of the general election in the other counties of this State in the year 1912, there shall be held a general election in Jasper County, and at the said general election there shall be elected a Senator, one Representative, a Sheriff, a Clerk of the Court of Common Pleas and General Sessions, a Probate Judge, a County Superintendent of Education, a Supervisor, a Coroner and two County Commissioners, all of whom shall perform the same duties and have the same powers that are vested in like officers in the counties of this State where such officers are now provided for by law, and such other county officers shall also be elected at the said election as are now provided for by law in the counties of Beaufort and Hampton, and each shall have such powers and perform the same duties as similar officers in said counties, so that said general election in Jasper County shall be uniform with the general election in the other counties of this State: Provided, That on the second Tuesday in April, 1912, there shall be held in the said county of Jasper a special election, at which time there shall be elected a Sheriff, a Clerk of Court of Common Pleas and General Sessions, a Probate Judge, a Coroner, a Superintendent of Education, a Supervisor and two County Commissioners. The term of office of those elected to the offices just mentioned in the foregoing proviso shall expire and terminate at the same time and in the same manner as the term of all similar officers in Beaufort County, and each of such officers shall be commissioned accordingly, and where a bond is required to be given by law each shall execute the same for such term. For the purpose of said special election and said general election in said county of Jasper the Governor of this State is hereby empowered and directed to appoint upon the recommendation of the Commissioners named in Section 2, Commissioners of Election as now provided by law in the other counties of this State, and the same shall have like power and perform such duties as are now required and provided for by law. And: the Governor is hereby authorized, empowered and directed to order the said special election by giving notice thereof for three successive weeks by proclamation in some newspaper published or circulated in the county of Jasper; 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 this election.

SEC. 4. That until the next apportionment of representatives the said county of Jasper sohall be entitled to one Senator and one Representattve, who shall be elected at the general election herein provided for, and the county of Beaufort shall be entitled to one Senator and two Representatives, and the county of Hampton shall be entitled to one Senator and one Representative.

SEC. 5. That the county of Jasper is hereby attached to the Second Congressional District and shall form a part of the Ninth Judicial Circuit, and the regular terms of the Court of Common Pleas and General Sessions for the said county shall be held at such time as shall hereafter be fixed by law.

SEC. 6. That until the officers to be elected at the special election hereinbefore provided for shall have been elected and duly qualified and all officers required to be appointed shall have been appointed and duly qualified, each officer of Beaufort and Hampton counties shall continue to perform and exercise the duties of his office in the territory taken from said counties respectively to form Jasper County; but when said officers in Jasper County as hereto provided shall have been elected or appointed and duly qualified, they shall immediately assume their respectiveduties under the laws of this State and the duties and powers of the officers of Beaufort and Hampton counties shall cease in said county of Jasper at such time.

SEC. 7. That the Magistrates now holding office and residing in the said county of Jasper shall be the Magistrates of said 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 Jasper County over which neither of the Magistrates in said county have heretofore exercised jurisdiction, then either Magistrate in said county shall have jurisdiction in said territory in all matters wherein Magistrates now have jurisdiction. The said Magistrates' Constables shall each receive the same salary and fees that each now receive as provided for by law.

SEC. 8. The Governor is hereby authorized, empowered and directed to appoint a Commission of five persons, one of whom shall be a resident of Beaufort County and one a resident of Hampton County, and two of Jasper County, and the remaining one a resident of some other county, which said Commission shall divide and apportion between said new county and said old counties the present lawful and bonafide indebtedness of said old county as provided for by the Constitution in this State. All expenses incurred by the Commission provided for in this section shall be paid by the county of Jasper, which shall not exceed five dollars per day and actual expenses for the time of actual services, 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 with and advise them in all matters appertaining to the performance of their duties under this section, and to pay such compensation as they may deem proper, which compensation shall be paid by the county of Jasper; and the said Commission is further authorized and empowered to engage an expert acoountant to assist them in their work if they find the same necessary, and to pay such compensation as they deem proper, which shall be paid by Jasper County: Provided, That all expenses incurred by the Commission created by the Act of 1905, providing for the formation of new counties, and paid by Beaufort and Hampton counties, be repaid to said counties by Jasper County out of the first collection of taxes in said county of Jasper, and the said Commission shall charge said sum to Jasper County.

SEC. 9. The Auditor of Jasper County when appointed and duly qualified, together with the Auditor of Beaufort County and the Auditor of Hampton County, shall proceed forthwith to make up and prepare such book or books that may be necessary under the law for the purpose of showing what property in Jasper County is properly returnable and taxable in Jasper County, and all tax returns made by property owners in Jasper County, or by those having property in Jasper County, or for poll tax, to the Auditors of either Beaufort or Hampton counties for the year 1912, shall be delivered upon the preparation of such book or books to the Auditor of Jasper County, and all taxes, both upon property and poll in Jasper County, shall be payable hereafter to the Treasurer of Jasper County. The Auditor of Jasper County, after the preparation of such book or books, shall proceed according to law to furnish to the Treasurer of Jasper County such tax book or books as are now required by law for the purpose of the collection of taxes.

SEC. 10. The Governor is hereby authorized, empowered and directed to appoint upon the recommendation of the Commissioners named in Section 2, the Board of Supervisors of Registration for the county of Jasper. The Board of Supervisors of Registration of the counties of Beaufort and Hampton are hereby directed to turn over to the said Board of Supervisors of Registration of Jasper County all books of registration of the qualified electors who reside in Jasper County; and in case any book of registration contains the names of qualified electors both of Jasper County and Beaufort or Hampton County, then the Board of Supervisors of Registration of Jasper County shall make a list of the qualified electors residing in Jasper County from such book and shall enter the same in a book of registration provided for that purpose according to law, and said books of registration when so turned over or prepared as herein provided shall be the books of registration, in Jasper County to all intents and purposes: Provided, That if any qualified electors residing in Jasper County is registered at a voting place outside of said county he may vote at the nearest place in his township as established herein in all elections held under the law of this State until he shall obtain proper registration in Jasper County.

SEC. 11. That the Jury Commissioners of Beaufort and Hamption counties herewith authorized, empowered and directed to furnish to the Jury Commissioners of Jasper County, within fifteen days after demand therefor by the Jury Commissioners of Jasper County, a list of all persons who are residents of the territory taken from each of said counties, respectively, to form Jasper County, and who are liable to serve as jurors for the Court of Common Pleas and General Sessions: Provided, That the persons whose names are so furnished shall be residents of Jasper County at such time. From the list so furnished to the Jury Commissioners of Jasper County, there shall be forthwith prepared, as provided for by law, the jury box for Jasper County and from such box there shall be drawn according to law the petit and grand jurors and talesmen of the Courts to be held in Jasper County in the year 1912. And the jurors so drawn are hereby declared to be lawful jurors to all intents and purposes: Provided, further, That the grand jury for the year 1912, shall be drawn for the Court of General Sessions in the said county of Jasper two weeks before the first term of said Court, and when so drawn shall be the grand jury of the said county for said year: Provided, further, That hereafter the grand jury in said county shall be drawn as grand juries are drawn in the other counties of the State. The Jury Commissioners of Jasper County shall he the same as now provided for by law in Beaufort County.

SEC. 12. That the Supervisor of Jasper County, in anticipation of the collection of taxes for said county for the year 1912, be, and he is hereby, authorized and empowered to contract for and incur liabilities on behalf of said county of Jasper to the extent of ten thousand dollars, if so much be needed for the purpose of defraying all necessary county expenses, which said sum shall be repaid from taxes collected in said county for said year: Provided, That the Commissioners not exceeding two thousand dollars for the purpose of defraying all necessary expenses incurred by them in the performance of their duties as herein prescribed: Provided, further, That any part of said amount so borrowed that may be on hand and not necessary to meet expenses already incurred up to the election and qualification of the Supervisor and County Commissioners of said county shall be by said Commissioners turned over to the county for ordinary county purposes, and thereafter the expenses incurred by said Commissioners in the discharge of their duties shall be paid by the said Supervisor upon the order of said Commissioners.

SEC. 13. 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 Treasurer and an Auditor of said county for a similar and like term of office as that of 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 Commissioners named in Section 2, and shall be approved as required by law.

SEC. 14. That each civil action or proceeding now pending in the counties of Beaufort and Hampton in which the defendant resides in that portion of said county, now established as Jasper County, and each indictment now pending in the said counties of Beaufort and Hampton in which the offense charged was committed in that portion of said counties now established as Jasper County, shall be transferred to the calendars of the Court of Common Pleas and General Sessions, respectively, for the county of Jasper, and all the records, commissions and other papers belonging to any of said suits or indictments, together with all the legal incidents thereto appertaining, shall be by the Clerks of the said Courts of Beaufort and Hampton counties transferred to the county of Jasper within ten days after notice and demand therefor by the Clerk of the Court of Jasper County: Provided, That the said Clerk of the Court of Jasper County shall duly receipt to said Clerks of the Court of Beaufort and Hampton counties for each and every record, commission or other paper so transferred: Provided, further, That all cases, both civil and criminal, now pending before any Magistrate residing outside of Jasper County, shall be transferred to the nearest Magistrate in Jasper County, if the defendant in a civil case resides in the portion taken to form Jasper County, or if the offense charged in a criminal case was committed in the territory so taken to form Jasper County.

SEC. 15. That the following named townships shall be townships in Jasper County: Roberts, the boundaries and formations of which shall remain as now established, except to it is added that portion of Yemassee Township included in Jasper County and cut off from Beaufort County to form the same, so that its boundaries when so formed shall be the present boundaries of Roberts Township, and the present boundaries of Yemassee Township included in Jasper County and the boundary line of Beaufort and Jasper counties; Coosawhatchie, the boundaries and formation of which shall remain as now established. except to it is added those portions of Bluffton and Sheldon townships included in Jasper County and cut off from Beaufort County to form the same, so that its boundary, when so formed, shall be the present boundaries of Coosawhatchie Township cut off from Beaufort County, and the present boundaries of Bluffton and Sheldon Township included in Jasper County and the boundary line of Beaufort and Jasper counties: Pocotaligo, the boundaries and formation of that portion cut from Hampton County and included in Jasper County shall remain as now established, except to it is added, the whole of Coosawhatchie Township cut off from Hampton County to form Jasper County, so that its boundaries, when so formed, shall be the present boundaries of Coosawhatchie Township, cut off from Hampton County and the present boundary lines of that portion of Pocotaligo Township cut off from the same and included in Jasper County, and the boundary line of Hampton and Jasper counties. The townships herein named, established and created are hereby made voting precincts and the voting places now existing therein shall remain the same.

SEC. 16. The Sheriff shall receive an annual salary of $1,000, payable monthly, and the fees now allowed by law; the Clerk of the Court of Common Pleas and General Sessions shall receive an annual salary of $400, payable monthly, and all the fees now allowed by law; the County Supervisor shall receive an annual salary of $900, payable monthly; the County Commissioners shall each receive an annual salary of $100, payable quarterly; the Superintendent of Education shall receive an annual salary of $800, payable monthly; the Coroner shall receive an annual salary of $100, payable monthly, and the fees allowed by law; the Probate Judge shall receive an annual salary of $300, payable rnonthly, and all fees allowed by law; the County Treasurer shall receive an annual salary of $900, payable monthly, $300 of which shall be paid by Jasper County and $600 of which shall be paid by the State Treasurer according to law, arid also all fees now allowed by law; the Auditor shall receive an annual salary of $750, payable monthly, $250 of wbich shall be paid by the county of Jasper and $500 of which shall be paid by the State Treasurer according to law, and also all fees allowed by law; each member of the Board of Supervisors of Registration shall receive an annual salary of $75, payable quarterly, to be paid by the State. The Sheriff shall be allowed twenty-five cents per day for dieting each prisoner.

SEC. 17. That until the election and qualification of the Clerk of the Court of Common Pleas and General Sessions of Jasper County and the opening of his office ready for business, all papers, documents, commissions and records now required or permitted by law to be recorded shall be recorded as heretofore in either Beaufort or Hampton counties with the same and like effect as when the territory taken to form Jasper County was a part of said counties: Provided, That the recording shall be in the old county in which it would have been done had Jasper County not been formed; after the election and qualification of said Clerk, and the opening of his office for business, all papers, documents, commissions and records required or allowed by law to be recorded shall be filed with said Clerk and by him duly recorded.

SEC. 18. That the Treasurers of Beaufort and Hampton counties, respectively, together with the Treasurer of Jasper County, when one has been appointed and duly qualified, shall proceed forthwith to ascertain and determine the amount of money collected as taxes by said Treasurers of Beaufort and Hampton counties in their respective counties for and on account of the free public schools located in the territory taken to form Jasper County; when the same has been so ascertained and determined, each of said Treasurers shall forthwith pay over to the Treasurer of Jasper County for :the use of the free public schools of Jasper County the amount so ascertained, less the amount paid out for and on account of said schools before the formation of the county of Jasper or that may be paid out pursuant to the following proviso: Provided, That the school authorities of Beaufort and Hampton counties, respectively, shall draw the regular school warrants on the Treasurer of their respective counties in payment of the salaries of the teachers in the free public schools of Jasper County just as was done before the formation of Jasper County, and the respective Treasurers of Beaufort and Hampton counties shall pay the same just as each respectively did before the formation of said county and while the territory taken to form the same was a part of his respective county; the drawing of said warrants by the said school authorities and the payment of the same by the said Treasurers shall cease when the said Treasurers turn over to the Treasurer of Jasper County the funds belonging to the free public schools located in Jasper County as herein provided: Provided, That the Superintendent of Education is hereby authorized, empowered and directed to borrow, if the same becomes necessary, sufficient funds to run the various schools in Jasper County the usual length of time that the same have heretofore been run, and to secure the same he is authorized and empowered to pledge the taxes for the year 1912 of the several school districts for which, under the provisions of this section, he may borrow funds to carry the same for their respective usual terms.

SEC. 19. The Township Board of Equalization of the townships and parts of the townships of Beaufort and Hampton counties now embraced within the limits of Jasper County and herein formed into townships, shall serve as the Township Boards of Equalization of said county for the remainder of the term for which they were originally appointed, and the Governor is hereby authorized and empowered and directed to fill by appointment any vacancy on the said Board occasioned by any reason whatsoever. The Governor shall also appoint new Township Boards where it may be necessary by reason of the formation of the new townships herein. The organization, procedure and duties of said Boards shall be the same as the organization, procedure and duties of similar Boards in Beaufort County.

SEC. 20. That any. person or persons interested shall have authority to apply to the Clerk of Court, Sheriff or Probate Judge of the counties of Beaufort and Hampton for certified copies of any judgment, roll, will, record, execution, decree or other paper on file or of record in the office of the respective officers of said counties, and said officers shall furnish the same promptly on demand, and when so obtained and filed or recorded in the proper office in Jasper County said judgment, roll, will, record, execution, decree or other paper shall have the same force and effect in Jasper County that each had in Beaufort or Hampton County, and said officers shall receive the fees therefor now allowed by law. Any record not so transferred, but remaining in the office of the respective officers in Beaufort and Hampton counties, shall continue in force and effect, and each shall have the same force and effect in Jasper County as if transferred and made a record in the proper office in said county. The Sheriffs of Beaufort and Hampton counties upon application made by the plaintiff or his attorney, in any judgment of record in the counties of Beaufort and Hampton, shall deliver to the Sheriff of Jasper County, any and all executions and papers in his office in which the said plaintiff, or his attorney, may be interested, for which the Sheriff of Jasper County shall receipt to the Sheriffs of Beaufort and Hampton counties; the said execution and papers when duly entered upon the Sheriff's book in Jasper County shall thereafter have the same force and effect as they previously had in the counties of Beaufort and Hampton before they were transferred, and the Sheriffs shall receive therefor the fees allowed by law.

SEC. 21. That the county of Jasper is hereby made liable for, and the same is hereby made a debt of Jasper County, all necessary expenses and liabilities, including attorney's fees and actual expenses incurred in the promotion of the formation of said county, which said expenses and liabilities hereby made and obligation and debt of Jasper County, except the attorney's fee and expenses, shallbe submitted to and filed with the Commissioners named in Section 2, which said Commissioners shall audit and approve the same, and when so approved the same shall be paid by the Supervisor of said county by his warrant upon the County Treasurer of said county: Provided, That the amount of the attorney's fee herein made a debt and liability of Jasper County shall be and the same is hereby fixed at the sum of $3,000, and $50 each for the per diem and expenses of the Commission created for the formation of Jasper County, and to meet and pay said attorney's fee hereby made a liability of Jasper County, and also said expenses, and to provide the money with which to pay the same, the Commissioners named and created in Section 2 are hereby authorized, empowered and directed to borrow, in the name of Jasper County, a sum of money sufficient to pay the same, and the said Commissioners are hereby authorized and empowered to secure the same by duly pledging so much taxes of Jasper County for the year 1912 as may be necessary.

SEC. 22. That all laws now of force in either Beaufort or Hampton counties are thereby made of force in Jasper County, when not inconsistent with the provisions hereof: Provided, That the dispensary now established in the territory taken from Beaufort County to form Jasper County shall remain established as a dispensary in and for the county of Jasper, and the Governor is hereby authorized, empowered and directed to forthwith appoint and have commissioned as now provided for by law a County Dispensary Board for Jasper County, which Board shall exercise the power and authority and shall perform the same duties that are now provided for by law for such Boards in those counties of the State which now have dispensaries established therein: Provided, further, That in case there shall be any conflict between any of the laws now of force in Beaufort and Hampton counties which by this section are made of force in Jasper County, then, and in that event, the law now of force in the territory taken from Beaufort County, and the law now of force in the territory taken from Hampton County, to form Jasper County, shall be the law of force, until otherwise provided, in ·the territory so taken respectively from each of said counties.

SEC. 23. 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 with the provisions hereof are hereby repealed.

Approved the 30th day of January, A. D. 1912.



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