South Carolina. Court of Chancery

S.C. Statute 1721(7)163 reorganized the Court of Chancery and created the office of register.

The Court of Chancery was a court of equitable jurisdiction, dealing in matters of fairness to which the common and statutory law did not apply. Most chancery cases concerned the settlement and management of estates. The court also heard cases involving guardianship, bankruptcy, trusts, the mentally ill, and fraud. The court proceeded without a jury or cross-examination of witnesses except by mutual consent. Litigation was initiated by bill of complaint.

The Governor in Council heard its first case as a court of chancery on 16 November 1671. The court act of 1720 removed chancery jurisdiction from the Governor in Council, authorizing them to appoint a chancellor who would serve at the pleasure of the king. In addition to six regular yearly sessions, the court was to be always open for expediting and completing depending cases. Actions in excess of 100 pounds but less than 500 pounds could be appealed to the governor, council, and assembly. Actions over 500 pounds were to be appealed to the crown. English chancery law was adopted for the state in S.C. Statute 1712(2)401.

S.C. Statute 1721(7)163 re-established the proprietary structure of the court which was to be composed of the governor and a majority of the twelve member council. Other court officers were the register and the master in chancery. S.C. Statute 1731(3)323 required a session at least once every three months at the governor's call and discretion. The composition of the court was altered by S.C. Statute 1746(7)191 to the governor and a majority of the members of the council resident in the colony.

Chancery jurisdiction was vested in the vice-president and privy council by the Constitution of 1776 and in the lieutenant governor and a majority of the privy council in the Constitution of 1778. S.C. Statute 1784(7)208 vested chancery jurisdiction in three chancellors elected by the General Assembly and commissioned by the governor. The statewide Court of Chancery at Charleston was abolished by S.C. Statute 1791(7)258 which created three circuit courts of equity.

With the exception of the April 1698 version, all of the Fundamental Constitutions prohibited pleading for fee or reward, though these provisions had no effect. Although attorneys in fact (agents appointed by deed for the transaction of specific business) practiced in the early years of the colony, there were no professional attorneys in South Carolina until the arrival of Nicholas Trott on 3 May 1699. By general instructions in S.C. Statute 1712(2)401 attorneys were to be examined, enrolled, sworn, and dismissed at the discretion of court justices. S.C. Statute 1721(7)166 required that attorneys be admitted and sworn to the bar by the General Court.

An act of 24 July 1769 provided that a lawyer could not practice or solicit unless he was a resident of the colony and admitted as a barrister at law or attorney by the Court of Common Pleas or the court before which he wished to practice.

S.C. Statute 1785(4)668 required applicants for certification as attorneys to have been citizens of the United States for four years and to petition the justices of common pleas for examination. Applicants could be examined by common pleas judges or chancellors and were required, upon acceptance, to take the oath of allegiance to the state and the attorney's oath. Failure to take the oaths could be met by a fine of 100 pounds. The act recommended three years study abroad, four years clerkship, or two years practice before a supreme court prior to application.