xt7bvq2s7d6w https://exploreuk.uky.edu/dips/xt7bvq2s7d6w/data/mets.xml Allendale County, South Carolina South Carolina Historical Records Survey 1938 Prepared by the Historical Records Survey, Division of Women's and Professional Projects, Works Progress Administration; 64 pages: illustrations, maps, charts, plans, 28 cm; Includes bibliographical references and indexes; UK holds archival copy for ASERL Collaborative Federal Depository Program libraries; Call number Y 3.W 89/2:43/So8c/no.3 books English Columbia, South Carolina: Historical Records Survey This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. 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ETA" .•'_·.,,l`E ·• * . . , » V A .,~;::.-‘· —x=»{=2i. · { I ¢3¤gg,g:Z’ {· _ · 1 ‘_ ‘¤; • " . \ I INVENTORY OF THE COUNTY ARCHIVES OF SOUTH CAROLINA Prepared by The Historical Records Survey ‘ i Division of Women's and Professional Projects ‘ Works Progress Administration U No. 3. ALLENDALE COUNTY (ALLENDALE) , I ************** · Columbia, S. C. , The Historical Records Survey August 1938 I The Historical Records Survey Luther H. Evans, National Director Anne K. Gregorie, State Director Division of Women’s and Professional Projects Ellen S. Woodward, Assistant Administrator Margaret D. Davies, State Director WORKS PROGRESS ADM NISTRATION Harry L. Hopkins, Administrator _ Lawrence M. Pinckney, State Administrator X FOREWORD The Inventory of County Archives of South Carolina is one of a number of bibliographies of historical materials prepared throughout the United States by workers on the Historical Records Survey of the`Works Progress Administra- tion. The publication herewith presented, an inventory of the archives of Allendale County, is number 5 of the South Carolina series. The Historical Records Survey was undertaken in the winter of 1955- 56 for the purpose of providing useful employment to needy unemployed historians, lawyers, teachers, and research and clerical workers. In carrying out this objective, the project was organized to compile inventories of historical ma- terials, particularly the unpublished government documents and records which are basic in the administration of local government, and which provide inval- uable data for students of political, economic, and social history. The ar- chival guide herewith presented is intended to meet the requirements of day- ‘ to-day administration by the officials of the county, and also the needs of lawyers, business men and other citizens who require facts from the public records for the proper conduct of their affairs. The volume is so designed that it can be used by the historian in his research in unprinted sources in the same way he uses the library card catalog for printed sources. The inventories produced by the Historical Records Survey attempt to do more than give merely a list of records - they attempt further to sketch in the historical background of the county or other unit of government, and to describe precisely and in detail the organization and functions of the government agencies whose records they list. The county, town, and other local inventories for the entire country will, when completed, constitute an encyclopedia of local government as well as a bibliography of local archives. The successful conclusion of the work of the Historical Records Survey, even in a single county, would not be possible without the support A of public officials, historical and legal specialists, and many other groups ' in the com unity. Their cooperation is gratefully acknowledged. { A The Survey was organized and has been directed by Iuther H. Evans, and operated as a nationewide project in the Division of Women's and Profes- sional Projects, of which Mrs. Ellen S. Woodward, Assistant Administrator, is in charge. HARRY L. HOPKINS _ Administrator PREFACE The Historical Records Survey began on a nationwide scale as a part of the Federal Writers* Project of the Works Progress Administration, and became in October 1956 an independent part of Federal Project No. l. Under the national leadership of Dr. Luther H. Evans, formerly of Prince- ton, the Survey has inventoried state, county, city, church, and, to a limited extent, private records. At present, it is preparing for publica- tion in a condensed form, descriptive lists of public records of the local units of government. In each state the counties are numbered in alphabet- ical order, and treated as separate units, each with an introductory sec- tion giving the historical backgrou d and a description of the present government and records system. All records are organized under the office of origin, which is carefully described as to history, functions, and re- quired records. Each type of record is given a nu bered entry showing the comprehensive dates for which it is extant, the quantity, an interpreta- tion of contents, and details as to nature of recording, indexing and lo- cation. State, municipal, church, and other records will be described in separate publications. The Historical Records Survey was begun in South Carolina on March 1, 1956. From the beginning it has had the active aid and cooperation of the University of South Carolina, through Professor Robert L. Meriwether, head of the department of history. His critical insight and scholarly counsel have been invaluable assets. Acknowledgments for administrative support and cooperation are also accorded to the officials of the South Carolina Works Progress Administration. The survey of Allendale County records was begun on June l, 1956, by Mrs. Rose M. Tobin, of Allendale, who completed the work by the end of the month. After rechecking every office, and surveying the other historical material in the town, Mrs. Tobin acted as area supervisor in the neighbor- ing counties. The legal and historical research and the preparation of { introductory material are the work of the state office under plans worked i out in the national office, The condensed inventory was checked from the g records September 20-24, 1957, by Miss Vivian Barnette of the state office * staff, t The forty-six separate units of the Inventory of County Archives of South Carolina will be issued in mimeographed form.fEr free distribution to state and local public officials and to a selected group of public and institutional libraries, Requests for information should be addressed to the state director, University of South Carolina, Columbia. I g'\/vy-_q_ · 93 September 27, 1957 Anne K, Gregorie State Director Historical Records Survey ERRATA Page 14, line 55: for receding read recording, Page 19, entry 25, line 5: for commision read commission. Page 52, entry 65, line 4: for 26 read 67; entry 67, line 2: for 1951 read 1922; line 5: for 69 read 21; entry 72, line 5: for 9 road 19, Page 55, entry 76, line 6: for arr. alph. by name of man read arr. alph. by name of man in first half of book, and by name of woman in last half, 1951--, Page 47, line 20: for Varnvillo read Barnwell, é _ l_ E TABLE OF CONTENTS A. Allendale County and its Records System - Page 1, Ske-bch||Ol|¢|l|Q|||I|i|n•||||I••I•t••¤IIO·I|CI•I 5 ` 2. Governmental Organization and Records System.. ..... .. ..... . 4 5. Housing, Care and Accessibility of the Records ............. 9 V 4. list of Abbreviations, Symbols and Explanatory Notes ....... IO V B. County Offices and their Records V I. legislative Delegation ................ . .................... 12 II. County Board ......................... .... .... ... .......... . 12 2 III. Clerk of Court as Register of Mesne Conveyance .... . ........ 14 Real Property: Deeds and Plats, Mortgages. Personal Property. » Statutory liens. Attachments of Real Estate. Business Registrations. Surety Bonds. ~ IV. Clerk of Court ............................................. 18 County Officers. Professional Registrations. Military , Records. Voters and Elections. Bonds. Vital Statistics. A V. Circuit Court of General Sessions ........................... 20 A Sessions Cases. Dockets. Minutes. Records of Clemency. , Reports. Jurors and Court Costs. VI. Solicitors.•••••••••••·•••••••••••.•••••••••••..••• é VII. Grand Jury... ...... ..... ................................... 25 C VIII. Board of Jury Commissioners ............ . ................... 26 IX. Circuit Court of Com on Pleas ........ _ .................... .. 26 Judgments. Calendars. Registers of Initiatory Proceedings. legal Notices. Minutes. Estate Records. X. MB•St6rI|I•!||lIOOIIIIIIOOIIIUIIIIlilllllllIIIIIOIIUODIIOOOD XI. Judge of Probate. ........................................ .. 30 Transmission of Property: Papers of Record and Indexes, Transcripts. Court Procedure. Conmitments. Marriage. e Pensions. liquor Permits. XII. Magistrates.,., ...... ........ ............... . ....... . ...... 34 XIII. Sheriff .................. . ................................. 55 T Table of Contents - 2 - A Page XIV. Coroner .................................................... 56 i XV. Auditor .................................................... 57 . XVI. Board of Equalization ........................ . .... . ........ 59 XVII. Treasurer. ........ .... ..... ... ....................,........ 39 I Tax Collections. Accounts. V XVIII. Tax Collector ..... . ....................................... . 42 XIX. Forfeited Land Commission ..... ............ .............. ... 42 XX. County Superintendent and Board of Education .............. . 45 XXI. Board of Registration... ............... . ................... 45 XXII. Commissioners of Election.......... ...... . ................. 46 XXIII. Board of Honor ............ .. ...................... . ....... 46 XXIV. Health Unit .......... . ..................................... 47 XXV. Farm and Home Extension Service.. .... . ..................... 49 _ XXVI. Forest Fire Control Board. ............ . ............. . ...... 5O XXVII. County Board of Public Welfare ...... . ......... . ........... . 50 Index Chronological ......... ..... ........................... ... 52 Alphabetical,. ............ . ........................ . ..... 55 é Illustrations 2 Allendale County Courthouse... ....... ........ .... frontisgiece Map of Parishes l770. ...... . ...... ,..... .... ..... follgyigg 2 Map of Counties and Circuit Court Districts 1785. jglliqigg 4 Chart of County Government .... ... .... .... ........ ..._ . .. ..8 Map of Allendale County .......................... 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The answer to these demands was the circuit court ji act of 1769. The next year local co missioners were named by the legisla- Q ture to Supervise the laying out of roads in the back country. Immediately g after the Revolution, counties were laid out in accordance with the promise `g of the constitution of 1778 (art. XXXIX); and in 1785 both administrative E and judicial duties were delegated to local justices of the peace, who sat ` @7 together at stated periods as a county court which elected a sheriff, a I Q coroner, a clerk of court, and a county attorney. The court supervised the .{ erection of the courthouse, with its pillory and stocks, levied taxes, li· ? censed taverns, authorized road work, cared for the poor, and kept records of E deeds, contracts, and court business. In 1787 it assumed the duties of the { court of ordinary. In 1788 it elected a county treasurer, who remitted his Q collections of fines and taxes to the state treasury. After the adoption of l the State constitution of 1790, this system of local government was abolished Q in Orangeburg and Beaufort Districts. E With the beginning of the new century, local administration was resumed { by the general assembly through local commissions, which were appointed as Q need arose, to build courthouses, to care for the poor, to work on roads, and i to clear streams. Each com ission was authorized to assess taxes for carry- { ing out its local purposes, but only one annual state appropriation act was I passed by the legislature. In 1811 local school commissioners were appointed { to administer state appropriations for free schools. Judicial functions were `Q carried on by the circuit law courts, by the court of equity, by the court of 3} ordinary, and by the justices of the peace and of the quorum. The local of- E ficials were the sheriff; the coroner; the clerk of court, who was also the AE register of mesne conveyance for the registration of deeds and later th•·D¤¤P Q missioner of location for the registration of surveys; the ordinary; and the jj commissioner in equity; all of whom were state officials, paid by a fee system Qi und elected by the state legislature until it cared to delegate this duty to i the restricted local electorate. The constitutions of 1861 and 1866 made no ,§ change in this system. { After the fall of the Confederacy, the constitution of 1868 restored lo- ;g cal administration through a constitutional board of county commissioners. A Q county treasurer, a county auditor, and a county school commissioner were pro- Q vided by statute. A plan for townships as units of government was also enact- { Gd (Stub. XIV, 143), but this was repealed in 1870 E1§5‘. This SySl3Gm of ' E county government did not develop along the lines lDtGDU@d: because the county 3 j commissioners lest constitutional status by an amendment in 1659, and the bar to l0G%1l Variations was thus removed. Road building, purclmsimg of supplies, find I‘€·liGf` of the poor, were important functions of the county .UO€‘.I‘d3 but the Primary duty Was in connection with county funds assessed by the auditor Cmd é collecteG·by the treasurer. These three offices, together with county school § commissioner, (because of his parallel position in regard to school funds) form- g od the administrative group in county government. Judicial functions remained g in the constitutional circuit courts, which assured equity jurisdiction; in the ¤0TlS”Gi“lZuiiiOnal probate courts, which replaced the court of ordinary, and 111 *.*19 Q trial justices, who replaced the justices of the peace and of the quorum, Q d The constitution of 1895, under which the state new functions, made no é change in administrative county government. The board of county commissioners ii E For abbreviations and explanatory notes see pages 10, 11. :. ,41 I- 6 ’ A pf Governmental Organization and Records System (First entry, p. 14) i as the executive unit of the county was not restored to constitutional status. ,;. The county senator and the county representative, as the legislative dele- i gation in the general assembly, through legislative power to change the form 3 of the governing board, and through control of county supplies, developed as Q an administrative unit of county government, until, in 1958, the constitution- { al limits of the delegation's executive powers were defined by the state su- E { preme court. The county board in Allendale County consists of a chief come * missioner and two county commissioners, all three appointed from the county A? at large by the governor upon reccm endation of the legislative delegation. (Q The board employs a clerk to keep the office open and to perform secretarial ·, duties. The social Security program (Acts E7, pp. 496-517) will relieve the J board from welfare duties. Since 1924 the state Children's Bureau (Stat. XXXIII, { 1190; XXXV, 559; XXXVI, 1574) has had responsibility for destitute children. ¥ Since 1917 the state highway department (Stat. XXX, 521) has been taking county g roads into the state system. The principal duty remaining to the county board E is the auditing of claims, and the purchasing of supplies. j The money necessary for county expenses is raised by taxes assessed by i the county auditor under direction of the legislative delegation. The collec- { tion of delinquent taxes was turned over to a tax collector in 1957. The { county treasurer has the custody of all county funds, which he disburses upon 1 warrants of the county board, of the school district boards of trustees, and I of the county board of education, countersigned by the county superintendent of education. g The school system is a state system, and the teachers are state employees. i The superintendent of education, as chairman and clerk of the county board of E education, is the chief school official of the county. His duties are large- Q ly fiscal but are also supervisory, and,with the other two members of the E board, he arbitrates controversial matters in the districts. He arranges the g details of the biennial elections for school district trustees and declares Q, the results. He also apportions school funds among the districts. p Justice is administered by six magistrates, one in each district; by the § judge of probate, who also has jurisdiction in cases of juvenile delinquency; Q by the resident circuit judge, elected by the general assembly; and by the g Q visiting circuit judges who preside at the regular terms of the state circuit Z? courts- Appeals from the magistrates and the probate court may bc taken to I Q the circuit courts. In recent years the judicial functions of the circuit [{ 60111*tS have decreased in relative importance through encroachmehte of the E federal district courts. Records of the circuit courts are kept by tho clerk f of court, who also registers property titles, and many other records that are 3 not connected with the courts. He is elected by the county electorate. The ‘ »§ sheriff is the principal law enforcing official. His powers legally are shared 5 by the coroner, who has new become a part time official whose major duty of QQ holding inquests into cases of violent or mysterious death may be performed _g in his absence by a magistrate. .5 f The scope of administrative county government is being steadily enlarged i through state and federal subsidies for public health, social security, and { conservation of natural resources. Q Under the bureau of rural sanitation of the state health department, i: For abbreviations and explanatory notes see pages 10, ll ·· 7 ·• fyg Governmental Organization and Records System (First entry, p. 14) it public health services have been rendered since 1936 by the health district iQ` comprised of Allendale, Barnwell, Bamberg and Hampton Counties. These serv- - f‘» ices are chiefly concerned with maternal and child health, and control of -§ venereal diseases, tuberculosis, hookworm and malaria. A drainage district iT was once established at Fairfax in connection with public health work (1922, » § Stat. XXXII, 1308). Certificates of births and deaths are made by local E registrars appointed by the bureau of vital statistics of the state board of , lj health. The clerk of court is required to keep duplicate certificates and i to certify the number to the state department before the registrars may be E paid by the county treasurer. Q The farm and home extension service, "the contact agency between the Q farm people, the state colleges of agriculture and home economics and the Q U. S. Department of Agriculture" is administered from headquarters at Clem- ~§ son College. Home demonstration is carried on through Winthrop College, and E Negro demonstration through the Colored Normal Industrial Agricultural and ’§ Mechanical College. (J. E, Hunter (ed.), legislative Manual, Columbia, 1938, é p. 238.) Since 1935 Allendale County has been a forest fire control district. Q V The records system of Allendale County is based upon the general plan of Q preserving the original papers of record in files, and making abstracts or E transcripts in volumes. The small amount of business makes it possible to § dispense with several records. The county board is required to furnish record § books, supplies, and equipment adequate to the needs of each office (Code g 5877). The quality of paper, ink, typewriter ribbons, and bindings, ensure Q permanence of the records. é By law, returns for taxation may be destroyed after five years (Code § 2733). Since tax liens expire in ten years (Code 2863), tax receipts (Code pg 2795) need not be preserved for a longer period. A general law of 1937 pre- ‘% vides that when any county is confronted with the problem of caring for obso- g lete records, they may be removed to the University of South Carolina, at gt Columbia, (Acts, p. 402). ge The code requires indexing to be alphabetical, in most cases direct and ft GPOSS. The Gott System of indexing, sub·indexed by family name, is used for P r mesne conveyance registrations,