Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1860-01-28
Acts Of the Legislature,
An Act to establish separate Court of Ap-


fiouse ot Representatives, now met and sit
ting IN General Assembly, and by the author
ity OF the same, That Court of Appeals for
the Courts of law and Equity, shall be, and
the same Is hereby established. That the
sad Court shall be composed of a Presiding
Judge, who shall be styled the Chief Justice
and two Associote Judges to be styled Judges
OF the Court of Appeals, to be chosen by ioint
ballot OF the Legislature, from among the
Chancellors and Judges, now in Commission,
and any additional Judge or Chancellor, to be
elected this session of the General Assembly.
who shall possess all the same powers and au-
thorlty as are now possessed by the Judges
ot the Courts OF Law and Equity, respectively.
That the said Court shall hold their sessions
twice In every year at Columbia and twice in
every year Mt Charleston, at such period as
they may themselves fix therefor, oxccpt that
the said Court shall never hear appeals in
Columbia from any Circuit whilst the Courts
OF that Circuit are In session, from which the
appeals would so to Columbia; nor in Charles
ton whilst the Circuit Courts are in session.
from which the appeals would 90 to Charles
ton, unless offered from Charleston. And
such Court shall exercise appellate iurisdic-
tlon III all cases brought up from the Courts.
both of Law and Equity in the same manner
and with the same powers and authority i'm all
respects whatsoever, as are now exercised by
law by the two existing Courts of Appeal in
law and equity, or by either of them separate
ly; and the decision of the said Court or any
two of them, shall be final and conclusive,
except in the cases hereinafter provided for.
Sec z. That in case any member of the
said Court shall be absent, from sickness or
otherwise, the Chief Justice or other prcsi-
ding Judge of the said Court shall notify one
or more of the Ghanceliors or Circuit Judges,
that he or they are required to sit on the said
Court of Appeals, in place of the Judge or
Judges Of the said Court, who may be sent /;
and it shall be the duty of the Chancellor or
Chncellors, Judge or Judges, SO notified.
thcrcupon to sit Us a member of the said
Court, so constituted and the members there
OF shall have the same power and authority as
when consisting of the Chief Justice and the
two other appeal Judges. Proujded, That
no Chancellor or Circuit Judge shall be taken
from his regular Circuit duty, to sit in the
Courts of Appeal.
Sec B. That if any person wishes to ap-
peal from any order or decree of Chancellor.
or from any Judgment or determination of a
Judge OF Court of Law, or to make any mo-
tion in arrest of Judgment, or for new trial,
he shall pursue the same course in every re-.
spcct, that is now prescribed by law in eases
OF appeal.
Sec. 4. That the appeal from each District
Court, either of law or equity, shall be to the
Court of Appeals in Columbia or Charlcston
as ut present arranged in that respect
Sec That whenever upon the hearing
of any cause or question: either at law or co.
uity, before the said Court of Appeals, it
should appear to the Judges of the same, or
any two of thcm that there is any question of
constitutional law, or of conflict between the
Constitution and laws of the State and of the
United States, or the duties and obligations of
the citizens under the same it shall be the
duty of the presiding appeal Judge, to CON
vene Court of Errors for the determination
of the same, which Court shall consist of all
the Judges of the Court of Appeals. and of
the Judges of Law and Equity, the decision
of which Court, or majority of the Judges
sitting in the same, shall be final and concll
sive. And the presiding Judge of the Court
OF Appeals shall also convene the said Court
OF Errors at the request of any two of the
Judges of the Court of Appeals, for the deter.
minatlon of any other cause or question to be
submitted to them, and the decision of the
said Court, or majority of the members there
of, shall in all cases be final and conclusive
and Whenever the said Court of Errors shall
be convened, the presiding Judge of the
CourEof Appeals shall preside over the said
Court.
Sec.,3. That it shall be the duty of the
said Court of Appeals to make all such further
and other rules and regulations as may be nee
cssary to carry into effect this Act, and all
parts OF all former Acts hereby retained appli-
cable to the Appeal Courts heretofore exist
ing not inco Nsistent with the provisions of
this Act; and It shall also be their duty from
time to time, to establish and modify all rules
regulating the Circuit practice in law and eo
ulty, and shall also frame and publish such
rules, regulations and orders of procedure and
practice for the government of the Court of
Errors, and the dis posit.on of causes and bus.
ness before it, as they may deem proper and
expcdiont.
Se". T. That the Equity Circuit Courts
shall continue to be held ut the same times
and places, and for the same periods as here
tofore Except that the term of the Circuit
q, urt of Equity for Charleston District, now
heIo, by law on the first Monday in juno in
each yer, shall lie held by one of the Chan
cellors in iotaton, at such time as may be APP
pointed by ti.a Chancellor presiding at the
preceding ternl;, and the Judges and Chan
celjoRs shall continue to have and exercise the
same powers, authorities and jurisdiction as
heretofore, except such as now may be pos
sesscd Or Exercised by them when sitting in
the Court of Appeals
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