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State of South Carolina:  AT A GENERAL ASSEMBLY begun and holden at Charles Town on Monday the fourth day of January in the Year of our Lord One thou­sand seven hundred and seventy-nine; and from thence continued by divers Adjournments to Saturday the twentieth day of February in the year of our Lord One Thousand seven hundred and seventy-nine.

AN ORDINANCE for appointing a new Jury List for the District of Ninety-six, and to empower and direct the Judges out of the same to draw a Grand and Petit Jury to serve at the next Court of General Sessions to be holden for the said District next, after the passing of this Ordinance, and for other purposes therein mentioned.

WHEREAS the Jury Lists hitherto made out for said District has been very imperfect, not more than one fifth part having, ever been on the Jury List, of those by Law qualified to serve, rendering the service thereby unequal and burdensome on those whose Names were inserted therein, while at the same time many reputable and proper Persons who have been Settlers and Inhabitants in the said District, and others who have arrived at full age since the last Lists were made out, altogether escape doing any duty in that respect, and the Judges, from the Causes aforesaid, have been pre­vented, at the last holding of the Court in that District, to draw a Grand and Petit Jury for the next Court, as by Law they were required to do.

AND WHEREAS it would be extremely hurtful to the public, as well as to Indi­viduals who have or may have Business depending at the said Court, to be delayed for want of a Jury to transact the necessary Business of the said Court on the day appointed by Law:  For Remedy whereof, BE IT ORDAINED by the Honorable 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 the several Persons whose Names are inserted in the Schedule or List hereunto annexed, entitled "A List of Grand Jurymen," shall be drawn by Ballot, impaneled, summed and obliged to serve at all Grand Juries at the Circuit Courts to be holden hereafter for the Dis­trict of Ninety-six. AND the several Persons whose Names are inserted in the schedule or List hereunto annexed, entitled "A List of Petit Jurymen and Jurymen in Civil Causes,” shall he drawn by Ballot, impaneled, summoned and obliged to serve at all Petit and other Juries and Inquests what­soever, for the said District of Ninety-six: AND that the several Persons whose Names are inserted in a Schedule or List hereunto annexed entitled "A List of Special Jurymen" shall be summoned, returned and obliged to serve as Talesmen in all Cases where Tales are allowed by Law for the said District of Ninety-six.

AND BE IT FURTHER ORDAINED by the authority afore­said, That as soon as may be after the passing of the Ordinance, any one or more of the Judges of the Court of General Sessions shall cause to be written on small pieces of paper, of an equal size and Bigness, the Names of all the Persons hereby appointed to serve as Jurymen, and having first diligently compared with the List or Schedule hereunto annexed, shall cause them to be put in a Box or Chest to be prepared for that purpose, with proper Divisions made therein, which shall be marked on the Cover, to denominate to what Jury they belong, and any one, or more of the said Jud­ges, out of the Persons appointed to serve as Juries as aforesaid, shall cause to be drawn a Grand and Petit Jury and Jury for Civil Cases, to serve at the next Court to be holden for the said District of Ninety-six, which drawing shall be at the Court Room in the State House in Charles Town on or before the first day of March next, between the hours of Ten in the Forenoon and two in the afternoon, by a child under the age of Ten years, agreeable to the Usual practice of drawing Juries.

AND BE IT FURTHER ORDAINED by the Authority aforesaid, that the Juries so drawn shall be summoned, returned and impaneled to serve at the said Court for the District of Ninety-six, to be holden on the twenty sixth day of April next, and shall be held, reputed, taken and deemed in Law to all Intents and purposes whatsoever as competent and legal; AND all their Acts and Verdicts, of as full force, validity and effect, as if the Jury had been drawn at the same time and place prescribed by any former Law, Rule, Usage or Practice of the said Court, any Law, Usage or Custom to the contrary thereof in any wise notwithstanding.

AND BE IT FURTHER ORDAINED by the Authority aforesaid, That from and after the first drawing of the Jury in manner and form as aforesaid, for holding the next Court at Ninety-six, on the twenty sixth day of April next, the Jury thereafter from Time to Time, out of the List hereby established, shall be drawn, summoned, and returned and impaneled agreeable to, and in manner and form, and at the Times and places directed and prescribed by the act called The Circuit Court Act, or any other acts in force relative thereto, anything herein contained to the contrary notwithstanding, and shall be entitled to all Privileges, and subject and liable to all the Duties, Fines, Pains and Penalties, which are allowed, enjoined and inflicted by the Laws of this State, on Jurymen.

AND WHEREAS the Court House at Camden was lately burnt, and the Judge or Judges going in that Circuit, cannot by Law hold the Courts for Camden District at any other places;

BE IT THEREFORE ORDAINED by the authority aforesaid that the said Judge or Judges, until a Court House is built for the said District, shall and may hold the said Courts at such place or places in the Town of Camden as he or they shall think proper, and if at any time hereafter any other of the Court Houses in the several Districts of this State should be burnt or destroyed, it shall and may be lawful for the Judge or Judges going Cir­cuit, to hold the Court for such District respectively, until a new Court House can be built, at any other House they may think proper, at or near the place where the Court House for such District now stands.

AND WHEREAS the Jury List for the District of Cheraws, hath, this same defect in the Jury Box, been so intermixed, that Juries cannot be regularly drawn or impaneled agreeable to Law;

BE IT THEREFORE ORDAINED by the authority aforesaid that the Judge or Judges who shall next go on the Northern Circuit, is and are hereby authorized and required, from the Jury List established for the said District, by an act passed the twenty eighth day of March last, to make and prepare a new Jury List, and distribute the same into the different Divisions of the Jury Box aforesaid, from which Lists and Juries for the said District shall in future be drawn.

[Reference:  South Carolina State Archives, Manuscript Act 1779, Number 1123.]

 

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