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3956Ratification Number: 569Act Number: 586Introducing Body: HouseSubject: To provide for the continued temporary performance of the duties pertaining to the Court of Probate in Clarendon County and for the election of successors as judge of probate for the Probate Court of Clarendon County; and to repeal Act 7 of 1931, relating to the abolition of the office of Probate Judge of Clarendon County
(A586, R569, H3956)
AN ACT TO PROVIDE FOR THE CONTINUED TEMPORARY PERFORMANCE OF THE DUTIES PERTAINING TO THE COURT OF PROBATE IN CLARENDON COUNTY AND FOR THE ELECTION OF SUCCESSORS AS JUDGE OF PROBATE FOR THE PROBATE COURT OF CLARENDON COUNTY; AND TO REPEAL ACT 7 OF 1931, RELATING TO THE ABOLITION OF THE OFFICE OF PROBATE JUDGE OF CLARENDON COUNTY AND THE DEVOLUTION OF THE DUTIES PERTAINING TO THE COURT OF PROBATE IN THAT COUNTY UPON THE CLERK OF COURT OF COMMON PLEAS AND GENERAL SESSIONS.
Whereas, it is the intent of the General Assembly by this act (1) to bring all of the counties into compliance with the provisions of law which establish in each of the several counties of this State a probate court and which mandate a judge for each probate court and (2) to implement Article V of the Constitution of South Carolina requiring the judicial power of the State to be vested in a unified judicial system; and
Whereas, for many years in Clarendon County one person has performed the duties of clerk of court and of probate judge, the office of probate judge of that county having been abolished by an act of the General Assembly in 1931 and the duties pertaining to the court of probate having been devolved upon the Clerk of Court of Common Pleas and General Sessions of Clarendon County; and
Whereas, the General Assembly believes that this act shall result in the most orderly transition possible in Clarendon County to a separate office of probate judge. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Performance of duties to continue
SECTION 1. The person who is performing the duties pertaining to the court of probate in Clarendon County on the effective date of this act may continue to perform those duties until his successor is elected and qualifies for office. His successor, as judge of probate for the probate court of Clarendon County, must be elected at the same time that successors to members of the Senate of South Carolina are elected, and his successor must be elected in the general election of 1988 and every four years thereafter.
SECTION 2. Act 7 of 1931 is repealed.
SECTION 3. This act shall take effect upon approval by the Governor.