South Carolina General Assembly
104th Session, 1981-1982

Bill 876

                    Current Status

Bill Number:               876
Ratification Number:       488
Act Number                 399
Introducing Body:          Senate
Subject:                   Pertaining to magistrates and
                           magistrates' jury areas in the various
                           counties of this state
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A399, R488, S876)

AN ACT TO AMEND ACT 110 OF 1981, AS AMENDED, PERTAINING TO MAGISTRATES AND MAGISTRATES' JURY AREAS IN THE VARIOUS COUNTIES OF THIS STATE, SO AS TO PROVIDE FOR A SYSTEM OF CENTRALIZED MAGISTRATES' COURTS IN CHARLESTON COUNTY FOR THE PURPOSE OF FACILITATING AND EXPEDITING SMALL CIVIL CLAIMS, AND TO PROVIDE FOR THE APPOINTMENT OF MAGISTRATES FOR THE CENTRALIZED COURTS.

Be it enacted by the General Assembly of the State of South Carolina:

Magistrates' jury areas in Charleston County

Section 1. Item (10) of Section 1 of Act 110 of 1981, as amended by an act of 1982 bearing ratification number 282, is further amended by striking the last paragraph and inserting:

"The magistrate system in Charleston County shall be so organized in order to provide for centralized magistrates' courts for the purpose of facilitating and expediting small civil claims only as here inafter provided:

(A) The centralized magistrates' courts shall have concurrent jurisdiction for civil matters with the existing magistrates of Charleston County. Plaintiffs shall have the right to commence a case in either a central magistrate's court or in a magistrate's court within a defined jury area. The defendant in a magisterial civil matter may remove the case either from a central magistrate's court to the defined jury area in which the defendant resides or the defendant may remove the case from the defined jury area in which he resides to a central magistrate's court. Such removal shall be by notification to the court of origin and no cause for removal must be shown.

(B) The centralized magistrates' courts shall not have jurisdiction over any type or form of criminal matter to include any procedural or substantive matter or preliminary hearing or examination or bond or bail hearing or any other criminal proceeding whatsoever.

(C) The fees and charges for the central magistrates' courts shall be the same as those prevailing in all magistrates' courts whether central or in a defined jury area.

(D) That upon the effective date of this paragraph a central magistrate's court shall be established in the city of Charleston.

(E) That six months after the effective date of this paragraph a central magistrate's court shall be established in the city of North Charleston; provided, however, that if the central magistrate's court in the city of North Charleston is not funded and established as required by this item (E), then the central magistrate's court in the city of Charleston established pursuant to item (D) shall cease to exist until such time as the central magistrate's court in the city of North Charleston is so funded and established.

(F) That a third central magistrate's court may be established at such time and in such location as a majority of the members of the General Assembly residing in Charleston County shall determine. In addition to those magistrates assigned to the seven jury areas, there shall be appointed one magistrate from the county at large without regard to residence in a particular jury area who shall serve as the magistrate of the central magistrate's court in the city of Charleston; and that six months after the effective date of this paragraph a second magistrate shall be appointed from the county at large without regard to residence in a particular jury area who shall serve as the magistrate of the central magistrate's court in the city of North Charleston; and that a third magistrate may also be appointed at such time as provided in item (F) from the county at large without regard to residence in a particular jury area who, if appointed, shall serve as the magistrate of the central magistrate's court established pursuant to item (F)." The item when amended shall read:

"(10) Charleston County

Jury Area No. 1:

Beginning at the Colleton, Dorchester, and Charleston county line, southeast on county line to Rantowles Creek, south on the highwater mark on the western side of Rantowles Creek to its extension to State Road No. 1910, south on State Road No. 1910 to Highway 17, east on Highway 17 to Rantowles Creek, south on the highwater mark on the western side of Rantowles Creek to its intersection with Wallace River, south on the highwater mark on the western side of Wallace River to its intersection with New Cut Church Flats River, west on the highwater mark on the northern side of New Cut Church Flats River (Intra-Coastal Waterway), west on the highwater mark on the northern side of New Cut Church Flats River (Intra-Coastal Waterway) to its intersection with Wadmalaw Sound, west on the highwater mark on the northern side of Wadmalaw Sound to its intersection with the Wadmalaw River, west on the highwater mark on the northern side of the Wadmalaw River to its intersection with the North Edisto River, south on the highwater mark on the western side of the North Edisto River to the Atlantic Ocean, extending from there to the three-mile limit in the Atlantic Ocean, west from said point in the Atlantic Ocean to the three-mile limit extending from the Colleton and Charleston county line, north from said point in Atlantic Ocean to the Colleton and Charleston county line, west along county line to the county line in South Edisto River, north along county line in the South Edisto River to the Edisto River, north on county line in the Edisto River to point of origin.

Jury Area No. 2:

Beginning at the intersection of New Cut Church Flats River and Wallace River, southeast on the highwater mark on the northern side of the Stono River (Intra-Coastal Waterway) to Elliott Cut, southeast on the highwater mark on the northern side of Elliott Cut to Wappoo Creek, east on the highwater mark on the northern side of Wappoo Creek to the Ashley River, south on the highwater mark on the western side of the Ashley River to the northernmost point of Morris Island, extending south from said point to the three-mile limit in the Atlantic Ocean, west from said point three miles in the Atlantic Ocean to the three-mile limit extending from the North Edisto River, north from said point three miles in the Atlantic Ocean to the North Edisto River, north on the highwater mark on the western side of the North Edisto River to its intersection with the Wadmalaw River, east on the highwater mark on the northern side of the Wadmalaw River to Wadmalaw Sound, east on the highwater mark on the northern side of Wadmalaw Sound to New Cut Church Flats River (IntraCoastal Waterway), east on the highwater mark on the northern side of New Cut Church Flats River (Intra-Coastal Waterway) to point of origin.

Jury Area No. 3:

Starting from referral point A as defined in Jury Area No. 6, east from said point along the Charleston City corporate limits to the Cooper River, north on the highwater mark on the western side of the Cooper River to the southernmost point of the U. S. Naval Base, east from said point to the Berkeley-Charleston county line in the Cooper River, east along the county line in the Cooper River to its point extending from the northernmost point of Remley Point, south from said point to the northernmost part of Remley Point, south from said point along the highwater mark on the eastern side of the Cooper River to the southernmost point of Fort Moultrie, south from said point to the three-mile limit into the Atlantic Ocean, west from said point in the Atlantic Ocean to the three-mile limit extending from the northernmost point of Morris Island, north from said point in the Atlantic Ocean to the northernmost point of Morris Island, north from said point along the highwater mark on the western side of the Ashley River to its intersection with Wappoo Creek (referral point B), north along the highwater mark on the eastern side of the Ashley River to its intersection with referral point A.

Jury Area No. 4:

Beginning at the northwesternmost point of Charleston County, east along the Dorchester-Charleston county line, then south along the Berkeley-Charleston county line, then east along the Berkeley-Charleston county line, then south along the Berkeley-Charleston county line, then east along the Berkeley-Charleston county line to the county line in the Cooper River, south along the county line in the Cooper River to its point extending from the southernmost point of the U. S. Naval Base, west from said point on the county line in the Cooper River to the southernmost point of the U. S. Naval Base, south from said point along the highwater mark on the western side of the Cooper River to its intersection with the Charleston City corporate limits, northwest along the Charleston City corporate limits to its intersection with the Ashley River, meandering north along the highwater mark on the eastern side of the Ashley River to its intersection with the Dorchester-Charleston county line, then northeast along said county line, then north along said county line to point of origin.

Jury Area No. 5:

Beginning at the Berkeley-Dorchester county line in the intersection of the Cooper River and Wando River, meandering east along said county line in the Wando River to Guerin Creek, east along said county line in Guerin Creek to its intersection with State Road 98, south on State Road 98 to its intersection with Highway 17, southwest on Highway 17 to its intersection with State Road 584, east on State Road 584 to its intersection with State Road 1170, south on State Road 1170 to its point extending to Seewee Bay, west on the highwater mark on the northern side of Seewee Bay to its intersection with Clawson Creek, west on the highwater mark on the northern side of Clawson Creek to its intersection with Price Creek, south on the highwater mark on the western side of Price Creek to the southeasternmost point of Capers Island, south from said point to the three-mile limit in the Atlantic Ocean, west from said point in the Atlantic Ocean to the three-mile limit in the Atlantic Ocean extending from the southernmost point of Fort Moultrie, north from said point in the Atlantic Ocean to the southernmost point of Fort Moultrie, north from said point along the highwater mark on the eastern side of the Cooper River to the point of origin.

Jury Area No. 6:

Beginning at the northernmost point of Rantowles Creek and the Dorchester-Charleston county line, east on the county line to the Ashley River, meandering south along the highwater mark on the eastern side of the Ashley River to its intersection with the Charleston City corporate limits (referral point A), south along the highwater mark on the eastern side of the Ashley River to the intersection with Wappoo Creek (referral point B), west on the highwater mark on the northern side of Wappoo Creek to Elliott Cut, west on the highwater mark on the northern side of Elliott Cut to the Stono River (Intra-Coastal Waterway), west on the highwater mark on the northern side of the Stono River (Intra-Coastal Waterway) to its intersection with New Cut Church Flats and the Wallace River, north on the highwater mark on the western side of the Wallace River to Rantowles Creek, north on the highwater mark on the western side of Rantowles Creek to Highway 17, west on Highway 17 to State Road 1910, north on State Road 1910 to its extension to Rantowles Creek, north on the highwater mark on the western side of Rantowles Creek to the county line in Rantowles Creek, north along county line in Rantowles Creek to the point of origin.

Jury Area No. 7:

Beginning at the county line in Guerin Creek and State Road 98, then meandering east along said county line, continuing east on said county line to the South Santee River, south along the Georgetown-Charleston county line in the South Santee River to the easternmost point of Murphy Island and said county line, south from said point to the three-mile limit into the Atlantic Ocean, west from said point in the Atlantic Ocean to the three-mile limit in the Atlantic Ocean extending from the southeasternmost point of Capers Island, north from said point in the Atlantic Ocean to the southeasternmost point of Capers Island, north from said point on the highwater mark on the western side of Price Creek to its intersection with Clawson Creek, east on the high watermark on the northern side of Clawson Creek to its intersection with Seewee Bay, east on the highwater mark on the northern side of Seewee Bay to its point intersecting with the extension of State Road 1170 to Seewee Bay, north on State Road 1170 to its intersection with State Road 584, west on State Road 584 to its intersection with Highway 17, northeast on Highway 17 to its intersection with State Road 98, north from said point to the point of origin.

Notwithstanding any other provision of law, magistrates in Charleston County shall reside in the following jury areas:

Three magistrates shall reside in Jury Area No. 1, one of whom shall reside on Edisto Island.

Three magistrates shall reside in Jury Area No. 2, one of whom shall reside on each of the following islands: Johns Island, James Island and Wadmalaw Island.

Two magistrates shall reside in Jury Area No. 3.

Three magistrates shall reside in Jury Area No. 4.

One magistrate shall reside in Jury Area No. 5.

One magistrate shall reside in Jury Area No. 6.

One magistrate shall reside in Jury Area No. 7.

The magistrate system in Charleston County shall be so organized in order to provide for centralized magistrates' courts for the purpose of facilitating and expediting small civil claims only as hereinafter provided:

(A) The centralized magistrates' courts shall have concurrent jurisdiction for civil matters with the existing magistrates of Charleston County. Plaintiffs shall have the right to commence a case either a central magistrate's court or in a magistrate's court within a defined jury area. The defendant in a magisterial civil matter may remove the case either from a central magistrate's court to the defined jury area in which the defendant resides or the defendant may remove the case from the defined jury area in which he resides to a central magistrate's court. Such removal shall be by notification to the court of origin and no cause for removal must be shown.

(B) The centralized magistrates' courts shall not have jurisdiction over any type or form of criminal matter to include any procedural or substantive matter or preliminary hearing or examination or bond or bail hearing or any other criminal proceeding whatsoever.

(C) The fees and charges for the central magistrates' courts shall be the same as those prevailing in all magistrates' courts whether central or in a defined jury area.

(D) That upon the effective date of this paragraph a central magistrate's court shall be established in the city of Charleston.

(E) That six months after the effective date of this paragraph a central magistrate's court shall be established in the city of North Charleston; provided, however, that if the central magistrate's court in the city of North Charleston is not funded and established as required by this item (E), then the central magistrate's court in the city of Charleston established pursuant to item (D) shall cease to exist until such time as the central magistrate's court in the city of North Charleston is so funded and established.

(F) That a third central magistrate's court may be established at such time and in such location as a majority of the members of the General Assembly residing in Charleston County shall determine. In addition to those magistrates assigned to the seven jury areas, there shall be appointed one magistrate from the county at large without regard to residence in a particular jury area who shall serve as the magistrate of the central magistrate's court in the city of Charleston; and that six months after the effective date of this paragraph a second magistrate shall be appointed from the county at large without regard to residence in a particular jury area who shall serve as the magistrate of the central magistrate's court in the city of North Charleston; and that a third magistrate may also be appointed at such time as provided in item (F) from the county at large without regard to residence in a particular jury area who, if appointed, shall serve as the magistrate of the central magistrate's court established pursuant to item (F)."

Time effective

Section 2. This act shall take effect upon approval by the Governor.