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A. D. 1825.

Clerks to druw juries.

Acts relating to Courts.

serve during the sitting of said court, who shall perform the same duties, and whose fees and compensation shall be the same, as the register would have been, had he been personally present to discharge said duties.

IV. And be it further enacted, That the clerk of the district in which such extra court is ordered, shall have power to draw a jury for that court, as in cases where a judge has failed to attend a circuit court.

V. And be it further enacted by the authority aforesaid, That if, at any time, one or more of the judges of the court of appeals should be absent, Circuit judges from any sufficient cause, the other judge or judges of that court shall nomay attend the tify one or more of the circuit judges of the same; and it shall be the ducourt of ap ty of such judge or judges to attend in the place of the judge or judges so peals. absent, as foresaid.

VI. And be it further enacted by the authority aforesaid, That the apCourt of ap- peal court shall sit at such times as may be necessary for the despatch of business, but shall so arrange the calling of the appeal docket, as not to interfere with the holding of the circuit court.

peals, when to

sit.

cesses to be

VII. And be it further enacted by the authority aforesaid, That all writs Writs and pro- and processes, issued after the first day of April next, from the courts of sessions and common pleas, shall be tested on any day previous to the day on which they are made returnable, in the name of any of the clerks of the court of sessions and common pleas, who signs them.

tested by the clerks of courts.

VIII. And be it further enacted by the authority aforesaid, That the Court of equity court of equity for the equity district of Georgetown, shall hereafter sit in Georgetown, on the first Monday after the fourth Monday in January, to continue one when to sit. week, if so much be necessary, and on the third Monday in April, to continue one week, if so much be necessary, in each and every year, instead of the time now required by law.

transferred

IX. Be it further enacted, That the commissioner in equity for Richland Papers to be district, be, and he is hereby, authorized and required to deliver to the from Richland Commissioner in equity for Lexington district, all papers and other docuto Lexington. ments which are in his office, pertaining to any cause of action which may have originated in said district, where the defendant or defendants reside in Lexington district, upon his application for the same.

Masters or

X. Be it further enacted, That the masters or commissioners in equity may grant injunctions, which shall continue of force until the answer is commissioners filed, in the same manner as the chancellors are now authorized to do; and to grant inupon filing the answer, an application may be made to the chancellor, who junctions. shall make such order upon the bill and answer, as the case may require, either at chambers or in open court.

to be held.

XI. And be it further enacted by the authority aforesaid, That the Courts of equicourt of equity for Edgefield district shall hereafter be held on the fourth ty for Edge Monday in May, for twelve days, should so much be necessary; for Abbefield. & when ville district, on the second Monday after the fourth Monday in May, for six days, should so much be necessary; for Pendleton district, on the third Monday after the fourth Monday in May, for six days, should so much be necessary; for Greenville, on the fourth Monday after the fourth Monday in May, for two days, should so much be necessary; for Laurens, on the Thursday after the fourth Monday after the fourth Monday in May, for three days, should so much be necessary; and for Newberry, on the first Monday after the fourth Monday after the fourth Monday in May, for six days, should so much be necessary.

XII. Whereas, doubts may arise as to the proper construction of the third section of an Act passed in December, Anno Domini one thousand

Acts relating to Courts.

A. D. 1827.

eight hundred and twenty-four, entitled "An Act for the amendment of the Act of 1824 law in divers particulars therein mentioned," in relation to the time when explained. interest shall commence: be it enacted by the authority aforesaid, That the said clause, in said Act, shall be construed to allow interest on the value of the land, in assessing dower, from the accrual of the right of dower, and not from the time of alienation.

In the Senate House, the nineteenth day of December, in the year of our Lord one thousand eight hundred and twenty-five, and in the fiftieth year of the Independence of the United States of America.

JACOB BOND I'ON, President of the Senate.

JOHN B. O'NEALL, Speaker of the House of Representatives.

AN ACT TO REGULATE THE SITTINGS OF THE COURT OF APPEALS; AND No. 2432.

FOR OTHER PURPOSES.

I. Be it enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of Court of apthe same, That the court of appeals shall meet at Charleston on the first peals, where Monday in February, in each and every year, to hear and determine all ca- to meet. ses of appeals in law or in equity, from Charleston, from the eastern circuit, and from Beaufort and Colleton districts, and shall continue its session for a term not exceeding three months; and in case the causes on the dockets should not be disposed of during that term, the said court shall meet at Columbia on the first Monday in November, and hear and determine the remaining causes on the said docket from Charleston district, until the first Monday in December, in each and every year; and it shall be lawful for the court, at its session in Columbia in November, to hear and decide all cases which may have been decided in the circuit courts of Charleston, from the eastern and south-eastern circuits, during the vacation of the appeal court, and which may be docketed for trial at Columbia, by consent of counsel endorsed upon the notice of appeal.

clerk

II. And be it further enacted by the authoriy aforesaid, That the judges of the court of appeals shall, from and after the passing of this Act, have Judges to ap point a the power and authority to appoint a clerk for the court of appeals at Co- for Columbia. lumbia, who shall attend the sittings of the said court, and discharge all the duties now discharged by the clerk of the court and commissioner in equity for Richland district; which clerk so to be appointed shall be removable at the pleasure of the court of appeals, and during his continuance in office, shall receive an annual salary of three hundred dollars, in lieu of all other charges against the State, as well for attendance in office as for copying papers for the State reporter.

III. And be it further enacted by the authority aforesaid, That the judges of the court of appeals shall, from and after the passing of this Act, have And one for Charleston. the power and authority to appoint a clerk for the court of appeals at Charleston, who shall attend the sittings of the said court, and discharge all the duties now discharged by the clerk of the court and register in equity for Charleston district; which clerk so to be appointed shall be removable at the pleasure of the court of appeals, and during his continuance in office

1

A. D. 1832.

Offices of the said clerks,

Acts relating to Courts.

shall receive an annual salary of three hundred dollars, in lieu of all other charges against the State, as well for attendance as for copying papers for the State reporter.

IV. And be it further enacted by the authority aforesaid, That the consultation room of the court of appeals at Columbia shall be the office of the clerk of the court of appeals in Columbia, and that a room in the fire where to be proof offices in Charleston be assigned to the clerk of the court of appeals in Charleston, by the commissioners of public buildings.

held.

V. And be it further enacted by the authority aforesaid, That the clerks Records, &c, of the Courts for Richland and Charleston districts, and the commissioner to be delivered in equity for Richland, and the Register in equity for Charleston district, to said clerks. shall, upon the appointment of a clerk of the court of appeals for their respective districts, transfer and deliver to the said clerk all the records, books and papers concerning or belonging to the said court.

VI. And be it further enacted, That the said clerks of the court of apCertificates to peals shall not hereafter be allowed to make any charge for a certificate of be given with the result of a case on the appeal docket, but they shall be compelled to out charge.

certify the same without charge, and transmit such certificate to the clerk of the circuit court from which the appeal comes, as soon as the case is determined. For copying the opinions or other papers of the said court, they shall be allowed the usual charge per copy sheet.

VII. And be it further enacted by the authority aforesaid, That the said Messengers to judges of the court of appeals shall have power and authority to appoint a be appointed. messenger for the court in Charleston, and a messenger for the court in Columbia, who shall discharge such duties, and execute all such orders, as may be assigned him by said court; which messengers shall be removable at the pleasure of the said judges, and during their continuance in office shall each receive an annual salary of one hundred and fifty dollars, in lieu of all charges against the State.

In the Senate House, the nineteenth day of December, in the year of our Lord one thousand eight hundred and twenty-seven, and in the fifty-second year of the Independence of the United States of America.

JACOB BOND I'ON, President of the Senate.

JOHN B. O'NEALL, Speaker of the House of Representatives.

No. 2579.

AN ACT REGULATING THE PRACTICE OF THE COURT OF APPEALS.

I. Be 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 where an appeal shall hereafter be taken in any case tried before one of the judges of the court of appeals, sitting as a circuit judge or chancellor, such judge shall not sit upon the trial of said appeal, and one of the circuit judges or chancellors shall be called in by the court, in the room of said judge of the court of appeals.

II. And be it further enacted by the authority aforesaid, That where an appeal shall hereafter be taken from a conviction for a misdemeanor, the sentence which would have been passed shall be reduced to writing, and signed by the judge before whom the case may have been tried, sealed up,

Acts relating to Courts.

and lodged with the clerk of the court for the district in which the case originated, to the end that such sentence may be passed on the defendant, at the next circuit court for said district, after the appeal shall have been dismissed by the court of appeals; and the defendant shall not hereafter, in any such case, be required to appear in person before the oourt of appeals.

III. And be it further enacted, That hereafter, no circuit judge or chancellor shall sit in the court of appeals on any case he may have tried on the circuit.

In the Senate House, the twentieth day of December, in the year of our Lord one thousand eight hundred and thirty-two, and the fifty-seventh year of the Sovereignty and Independence of the United States of America.

H. DEAS, President of the Senate.

H. L. PINCKNEY, Speaker of the House of Representatives.

A.D. 1833.

AN ACT TO PROLONG THE TERMS OF THE COURT OF EQUITY,

CERTAIN DISTRICTS.

FOR

I. Be it enacted by the Senate and House of Representatives of the State of South Carolina, met and sitting in General Assembly, and by the authority of the same, That the chancellors shall henceforth, in each and every year, hold the courts of equity in the upper country, at the following times, instead of those now fixed by law.

II. Those for Edgefield and Spartanburgh districts, to commence on the second Monday in June, and continue in session six days, unless the business be sooner disposed of.

III. Those for Abbeville and Union districts, to commence the third Monday in June, and continue in session six days, unless the business be sooner disposed of.

IV. That for Anderson district, to commence on the fourth Monday in June, and continue in session three days, unless the business be sooner disposed of; and that for Pickens district, to commence on the Friday after the fourth Monday in June, and continue in session two days, unless the business be sooner disposed of.

V. That for York district, to cominence on the fourth Monday in June, and continue in session six days, unless the business be sooner disposed of. VI. Those for Greenville and Chester districts, to commence the first Monday after the fourth Monday in June, and continue in session six days, unless the business be sooner disposed of.

VII. Those for Laurens and Fairfield districts, to commence the second Monday after the fourth Monday in June, and continue in session six days, unless the business be sooner disposed of.

VIII. Those for Newberry and Lancaster districts, to commence the third Monday after the fourth Monday in June, and sit from day to day, Sundays excepted, until the business be disposed of.

IX. And be it enacted, That Kershaw Equity district be annexed to the fourth equity circuit; and that the equity terms of that circuit be held henceforth, in each and every year, at the following times, instead of those now fixed by law.

No 2598.

A. D. 1835.

Acts relating to Courts.

X. The court of equity for Charleston district, to commence the first Monday in January, and remain in session for three weeks, Sundays excepted, unless the business be sooner disposed of.

XI. That for Georgetown district, to commence the Tuesday after the fourth Monday in January, and continue in session five days, unless the business be sooner disposed of.

XII. That for Williamsburgh district, to commence the first Monday after the fourth Monday in January, and remain in session two days, unless the business be sooner disposed of.

XIII. That for Marion district, to commence the Thursday after the first Monday after the fourth Monday in January, and continue in session three days, unless the business be sooner disposed of.

XIV. That for Cheraw equity district, to commence at Darlington court house, the second Monday after the fourth Monday in January, and remain six days in session, unless the busines be sooner disposed of.

XV. That for Sumter district, to commence the third Monday after the fourth Monday in January, and continue in session six days, unless the business be sooner disposed of.

XVI. That for Kershaw district, to commence the fourth Monday after the fourth Monday in January, and sit from day to day, Sundays excepted, until the business be disposed of.

XVII. And be it enacted, That the Spring courts of equity for the districts of Georgetown and Charleston, continue to be held as heretofore; any thing in this Act to the contrary notwithstanding.

XVIII. If hereafter, any decree shall be delivered in Equity, or any trial be had in the court of general sessions or common pleas, during the sitting of the court of appeals in Charleston, in any district from which the appeals are directed to be carried to Charleston for a hearing; or during the sitting of the said Court in Columbia, in any district from which apppeals are directed to be carried to Columbia for a hearing; and an appeal shall be taken therefrom, either party, upon the receiving the decree, if in equity, or the report of the judge, if a trial in the sessions or common pleas, and giving the opposite party or counsel four days notice of such intention, may proceed to docket the said cause for a hearing at Charleston or Columbia, as the case may be; and the court of appeals shall call, hear and dispose of said cause, in the same manner as other appeals are.

In the Senate House, the nineteenth day of December, in the year of our Lord one thousand eight hundred and thirty-three, and in the fifty-eighth year of the Sovereignty and Independence of the United States of America.

H. DEAS, President of the Senate.

PATRICK NOBLE, Speaker of the House of Representatives.

No. 2646. AN ACT TO REFORM AND AMEND THE JUDICIARY SYSTEM OF THIS

Repeal of for.

mer Act.

STATE.

I. Be it enacted, by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the first section of an Act entitled "An Act to revise and amend the judiciary system of this State," passed the seventeenth day of December, in

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