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šaid city, in the said court, for any sum notexceeding one hundred dollars, exclusive of costs as aforesaid.
And be it further enacted by the authority aforesaid, That no citizen of this state, not having resided within the limits of the city for three months
Persons immediately preceding the commencement of the not liable suit, process or action, or who shall not have been to be sued
therein. in the habit of residing there during four months in the year, preceding the commencement of the suit, shall be liable to be sued in the said court.
And be it further enacted by the authority aforesaid, That the court hereby established and authorized, shall hold its term and sitting on the first Manner of Monday in every two months, for the dispatch of proceedbusiness, and may continue to sit for any time, said court. not exceeding six days; and all issues and business not then disposed of, shall be considered as adjourned over to the succecding term; and all motions for new trial, in arrest of judgment, and all other questions of law, may be moved for on the second Monday of each term, and the court shall and may sit three days for hearing and determining such motions and questions. All writs and process shall be issued by the clerk of the said court, and shall be made returnable to the first day of the term next succeeding the issuing of the same; and the defendant, upon entering special bail, if required, shall, in all cases, be entitled to imparl until the last day of the said term; at which time, or within ten days thereafter, the defendant shall file his plea or defence, in writing, with the clerk of the court, or the plaintiff may take judgment by default. Provided, That where judgments are taken by default between the first and second term, no execution shall be enforced thereon, till after the second day of the succeeding term; and the defendant may, at the mecting of the court, on the first day thereof, move to be let into any substantial defence, upon condition of pleading issuably instanter, and going to trial during that term.
And be it further enacted by the authority aforesaid, That the said city court of Charleston, shall
be, and it is hereby invested with power and authoPower of rity to grant rules; to hear and determine motions the court for new trial, in arrest of judgment, and all ques
tions of law arising out of causes within its jurisdiction; to issuesubpenas for the attendance of witnesses; to grant commissions for the examination of witnesses; to issue executions of fieri facias, against the real and personal property of defendants; to issue writs of capias ad respondendum, and also writs of capias ad satisfaciendum; to punish for contempts; and also all other the usual process, according to the known and approved rules of the common law, and of the acts of the assembly in such cases provided. But it is hereby declared and provided, that no process or writ, issuing out of the said court, shall extend or be of force for service or execution out of the limits of the said city, except commissions to examine witnesses, and that all writs shall be served and returned ten days be. fore the sitting of the court aforesaid.
And be it further enacted by the authority aforeNot to try said, That in all controversies where the title of titles to lands shall be brought directly into question, so as land.
to be a material part of the issue, the said court shall not hold plea thereof, or proceed thereon, but the cause shall be moved by certiorari into the district court, and the plaintiff shall be obliged so to remove it, or a nonsuit be entered against him, and costs of suit taxtd, as in other cases of nonsuit.
And be it further enacted by the authority aforeAppeals said, That whenever any party shall think himself may be aggrieved by any decision or proceeding of the made from decisions
said court, it shall and may be lawful to appeal to therein. the judges of the court of common pleas, by cer
tiorari, writ of error, or bill of executions; and the said judges shall revise and consider the same, and make such order therein as may be consonant with law and justice. Writs of mandamus
and prohibitions shall and may issue from the courts of common pleas and sessions into the said court as usual.
And be it further enacted by the authority aforesaid, That it shall be lawin for the intendant and How the wardens, and the said recorder, to prescribe, and practice of
the court from time to time to regulate the practice of the may be re. said court, and of the attornies therein, conforma- gulated. bly to this act, and as nearly as may be to the forms and rules used in the courts of law in this state.
And be it further enacted by the authority aforesaid, That fees of attornies, and of the clerk and Fees of sheriff in the said court, shall be, in all respects, clerkand the same as are now allowable by law in the sum- sheriff. mary jurisdiction of the court of common pleas, to which it shall and may be lawful for tlie city council to prescribe and add any sum not exceeding one do lar, on each cause, to defray the extraordinary expenses, which the said city may incur by reason of the establishment of the court hereby established.
And be it further enacted by the authority aforesaid, That the said recorder shall not be permitted Recorder to plead in a superior court in any cause which has not to
plead in been argued before or adjudged by him; and that certain any person shall have a right to appeal from the cases. judgment of the said court to the superior court of Oath to be sessions or common pleas within the said district, made by on making oath that he verily believes he has sub- appellant. stantial justice on his side, and that he does not appeal merely to delay the operation of law and justice.
And be it further enacted by the authority aforesaid, That justices of the peace and of the quorum, Jurisdictoexcept in the city of Charleston, throughout the on of magistate, shall have jurisdiction in all cases of debt, tended. secured by bond, note or bill, or liquidated account, to the amount of thirty dollars: Provided always nevertheless, That all judgments to be given by magistrates as aforesaid, for the sum of thirty dollars, shall not be enforced under three months,
if the defendant shall give bond and approved security, that he will produce sefficient property to answer said debt at the expiration of the said thrce months; and that all other judgments to be given by such magistrate for any other sum, above the sum of twenty dollars, shall not be enforced for two months, if the defendant shall give bond and security to produce sufficient property to answer said debt at the expiration of the said two months: And provided always, That nothing in this act contained shall extend to preclude any person or persons who may conceive him, her or themselves to be aggrieved by the decision of any magistrate, from the right of an appeal, as by law is in other cases provided.
And be it further enacted by the authority aforePrisoners said, That the keeper of the gaol in Charleston to be com district, be, and he is hereby authorized and rethe district quired to receive into his custody, all such prisongaol. ers as shall be committed to such gaol, under the
authority of the said court hereby established, and
in the Year of our Lord one thousand right hundred
JOHN WARD, President of the Senate.
the House of Representatives.
An ACT to vest in the Commissioners of the high
roads and bridges throughout the state, the sole right of grunting and issuing licenses to tavern keepers, retailers of spirituous liquors, and keepars of billiard tables.
HEREAS doubts have arisen with re
spect to the person or persons in whom the right of granting and issuing licenses to tavern keepers, retailers of spirituous liquors, and keepers of billiard tables, is vested, and the laws
now in force not being deemed sufficiently explicit upon that subject:
Be it therefore 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 from and after the passing of Commissithis act, the sole right and exclusive power of onene ti granting and issuing licenses to retailers of spiri- censes, tuous liquors, tavern keepers, and keepers of billiard tables, be, and the same is vested in the commissioners of the high roads and bridges, or a majority of them, in their respective districts and parishes throughout the state.
And be it enacted by the authority aforesaid, That the said commissioners of the roads, or a and to hear majority of them throughout this state, shall
, at applicatia any stated meeting, and at no other time, hear all applications for licenses to keep taverns and retail spirituous liquors within their respective districts and parishes; and shall reject such application, or grant such licenses for one year, as to them shall seem meet and proper: and every retailer of spirituous liquors, to whom such iicense or licenses are to be granted, shall give bond and security, according to law, to the chairman of the board of commissioners, or person authorized by the board, previous to his receiving the said license or licenses. And every person who shall obtain a license to keep tavern, shall give bond, with two sufficient securities, in the sum of one hundred pounds, payable to the commissioners where such licenses shall be obtained, for the use of the said district or parish, that such person shall keep clean and wholesome meat and drink, and lodging for travellers, and the usual provender for horses. And that all licensed retailers, who do not keep also taverns and entertainment for travellers, pay fifteen dollars for their license; and that he, she or they, shall not retail less than a quart of spirituous liquors; except in the dis