dilatory plea shall be allowed; and that the offender or offenders, shall, on conviction thereof, be committed to close confinement until the same be. paid. draw or And be it further enacted by the authority aforesaid, That the treasurers shall not draw any order Treasurin favor of any annuitant, until he or she shall have ers not to produced, or cause to be produced, a certificate ders in fasigned by one member of the legislature and two vor of anmagistrates, that the person in whose favor the or- unless livder is to be drawn, is still living, and stating in ing. what district he or she resides. In the Senate House, the twenty-first Day of December, in JOHN WARD, President of the Senate. An ACT supplementary to an act, entitled, “An act to establish an uniform and more convenient system of Judicature.” B nuitants, January, returna E it enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the authority of the same, That all writs and other process of Process law whatsoever, which shall have been sued and depending prosecuted according the existing laws, out of and on the 1st from any of the courts of common pleas, or any of 1800, how the county courts of this state, on or before the ble. first day of January next, and be depending, shall be deemed to all intents and purposes whatsoever, and they are, and each of them is declared to be by virtue hereof legally tested, issued and returnable respectively to the court of that district to which they shall from and after the day aforesaid be by law respectively transferred, therein to be continued and have day, and law, usage or custom to the contrary in any wise notwithstanding; and that all the business now depending in the court of be tested and sealed. wardens, shall be transferred in manner aforesaid, to the court of common pleas of Charleston district. And be it enacted by the authority aforesaid, Process to That all judicial process shall be tested in the name of the senior associate judge, and signed by the clerk of any of the district courts of this state, and be sealed with the seal of such court, and be made returnable to the clerk of the court to which it shall be returnable, fifteen days next before the sitting of such court; and the said process shall and may be served in any district of the state. How to And be it enacted by the authority aforesaid, That in all cases where there shall be two or more proceed defendants in any action, residing in diferent disfendants tricts, the plaintiff in such action may try the same reside in in the court of the district wherein either of the different defendants shall reside, be arrested, or taken. where dc. districts. ed and served af. ter Japu And be it enacted by the authority aforesaid, That How exe. every execution to be issued from and after the cutions are said first day of January next, out of or from any to be issu district court in the state, shall be issued from the court of the district in which verdict or judgment shall have been obtained, and shall be tested in the name of the senior associate judge, and be signed by the clerk, and sealed with the seal of such court, ad shall be served by the sheriff of the district, or his deputy, wherein the defendant or his property may be found. ry 1, 1800. Process issued af ter Janua shall bear And be it enacted by the authority aforesaid, That any writ or other process of law whatsoever, which shall be issued cut of and from any district court ry 1, 1800, of the state, from and after the said first day of Jatest from any next, returnable to such court at the next January 1, siting thereof, after the day last aforesaid, shall bear test on the said first day of January next, any law, usage or custom to the contrary thereof inany wise notwithstanding. 1300. And be it enacted by the authority aforesaid, Clerk of a- That the clerk of any district court, or any justice of the quorum in the district wherein he shall be ny district court, or rum, au order for resident, shall be, and hereby is authorized and justice of required to give, on proper affidavits to him for the quothat purpose submitted, an order for reasonable thorized bail, in any action wherein bail may be proper, but to give an not a matter of course, which shall be commenced bail, and in such court; and also to take any recognizance take speof special bail in due and legal form, in any cause cial bail. which shall be depending in such court, and to certify and transmit the same to the judges or clerk thereof. Writs of ment, partition, trict court. And be it further enacted by the authority aforesaid, That from and after the passing of this act, it shall not be necessary to petition as heretofore, any attachof the judges of the state for any writ of attachment, summonsummons in dower, or in partition, but the same ses in dow shall be, and hereby is declared to be demandable er or in of common right, and shall be of course sued and demandaissued in common form out of any district court ble in dishaving jurisdiction in this state, any law, usage or custom to the contrary in any wise notwithstanding: Provided always, That no writ of attachment shall issue before the plaintiff has given bond to the defendant in double the amount for which the attachment issues, to be taken by, and lodged with the clerk of the district, to be answerable for all damages which the defendant may sustain by any illegal conduct in obtaining said attachment. establish And be it enacted by the authority aforesaid, That from and after the first day of January next, Courts of there shall be, and hereby is established in each ordinary district in the state, a court of ordinary, which said ed. court shall have and possess the same power and authorities that heretofore have been vested in the courts of ordinary in this state. And be it enacted by the authority aforesaid, That judges of the said courts of ordinary shall be Judges apchosen by joint ballot of the two houses of the le- pointed by the legisgislature, which judges shall exercise and adminis- lature. ter, each in the respective district for which he shall be appointed, all the powers of the court of ordinary, mons per sons. Ani be it enacted by the authority aforesaid, That Empower- it shall and may be lawful to and for any judge of ed to sum- any court of ordinary in this state, to issue a summons, directed to any person or persons whose testimony may be necessary for the investigation of any cause which shall be depending in his said court, which said summons shall be signed by the judge who shall issue the same, and sealed with the seal of the court whereof he shall be judge. execute process. ing to at And be it enacted by the authority aforesaid, That Sheriffs to all sheriffs and deputy-sheriffs are hereby authorized and required, duly to execute all summonses and other precepts whatsoever, to them or either of them directed by the judge of any court of Persons ordinary; and every person who shall, at any time neglect- or times hereafter, be duly summoned to attend tend, to be and give evidence in any of the said courts of orproceeded dinary, and shall refuse or neglect so to do, such against. person shall be subject to the same penalties and liable to be proceeded against in the same manner, by process of such court, signed and sealed as aforesaid, as if such person had refused to appear or give evidence, when thereunto lawfully required, in any district court of this state. Persons And be it enacted by the authority aforesaid, That if any person or persons shall think themselves agaggrieved, grieved by the judgment, sentence, decree, deterappeal. mination, denial or order of any of the courts of ordinary aforesaid, it shall and may be lawful for such person or persons to appeal therefrom, to the court of common pleas of the district in which the said court of ordinary shall be holden, within twenty days next after such judgment, sentence, decree, determination, denial or order shall have been given. Judges of the com mon pleas to deter mine appeals. And be it enacted by the authority aforesaid, That the judge or judges, who shall preside in the Court of common pleas of any district within this state, shall, and he is, and they are hereby expressly authorized, required and enjoined, to receive, hear and determine, in the same court of common pleas, all, and all manner of appeal and appeals whatsoever, which shall, from time to time, be as aforesaid made thereto, from any judgments, sentence, decree, determination, denial or order of any court of ordinary of such district, according to the customs, usage and practice, as heretofore used in case of appeal from the county courts; and that all matters of fact shall be tried by a jury. Columbia. And be it further enacted by the authority aforesaid, That all the associate judges of this state shall Judges to meet at Columbia, on the Tuesday next after the meet at conclusion of the circuits, in every year, for the purpose of determining all motions which may be made for new trials, and in arrest of judgment, and such points of law as may be submitted to them; but no such court shall be held in any of the cases aforesaid, by less than four of the said judges; nor shall any judge who shall have presided at the trial of any cause in any of the district courts of this state, ever sit or vote at such meeting of the said judges on the same cause, or any matter or thing whatsoever, which shall arise out of or shall concern the said cause; and that the judges aforesaid, in all mat- Each ters of law by them decided on demurrer, special judge shall verdict, or motion in arrest of judgment, each shall give his o give his opinion separately, with the reasons thereof writing. in writing, and subscribe the same, that it may be kept and filed with the record; and every judge shall, when thereunto required, sign and seal a bill of exceptions. 置 pinion in ges attend And be it enacted by the authority aforesaid, That if at any court, directed by law to be held in the If two or several districts throughout this state, two or more more judjudges of session and common pleas shall attend, they may it shall be lawful for the said judges, severally, to distinctly hold at the same time, a court of general sessions court of of the peace, oyer and terminer, assize and general sessions goal delivery, and a court of common pleas, dis- mon pleas. tinct from each other; and also to hold, distinct hold a and com |