The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-06-12
The coarts or ErsS,rs and ,4sis> Stay
Law

Errors that the Stay Law was uncon-
stitutional and imperative and void,
has created n degree of excite
mont which it was hoped would not
have arisen. An intimation in
formerarticle by the writer was made,
that 1t would be well, for the purpose
of allaying any unnecessary excite
ment, that the opinion should be
written and published ut an early
day. Nothing has transpired which
| would evince the design of the Court
to meet the wishes Of the people and
of the profession.
1t is our intention, in this article,
to direct the attention of the profess
sion of law and of the people to some
provisions of the Acts of the I.egis-
lature, by which the Court of Appeals
was constituted. This Court has
been known in the laws of the State
as the constitutional Court, and the
Court of Appeals, and as the Court
of Errors for the trial of constitu-
tonal questions.
In section IA, of all Act supple
mentary to an Act, entitled "An Act
to establish O uniform and more con-
venient system of Judicature, pass
ed Dist December, 1899, (see 7
Statutes, p. 1861 it was enacted,
that the Associate Judges shall meet
III Columbia on the Tuesday next
@ 81 az &1,a o,po1,o;o,, of &ba (I;,o,,;t,, -,
every year. for the purpose Of deter
mining all motions which may be
made for new trials, and in arrest of
judgments, and such points of law as
may he submitted to them (not less
than four Judges constituting the
Court, the Judge sitting OH the
Circuit having no voice in this Court;
and that the Judges aforesaid, in all
matters of law, by them decided, an
demurrer, special verdict, or motion
in arrest of Judgment, each steal yire
has opinion separately, ariM tile reasons
Me7e9f ia 'r''iting, and subscribe the
| same that it may be kept and filed
with the record.
This section of the Act, which can
be examined more fully by referring
to it, points ont very clearly the duty
of the Judges of the Court of APP
peals, and we shall see that no mate
rial change has been made i'll the
duties of these public functioMlries
by any of the subsequent Acts of the
Legislature.
BY an Act of the Legislature, for
the better arrangement of the Courts
Of Equity, for the establishment of
Courts of Appeal for the same, and
for otherpurposes therein mentioned,
in the 4th section, (see Statutes,
800, 4 Court Of Appeals for the
Court of Equity was established
This WAS in December, 1908.
BY an Act to regulate the Courts
held by the Associate Judges OF this
State ut the conclusion of their re-
spcctive Circuits, and Of the Courts
of Appeals held by the Judges Of the
Courts of Equity within this State,
and for other purposes therein men
toned, (sectiou I'd, Statutes, 3l2
fit and proper books shall be provided
and kept by the Clerks of the said
Courts respectively, whose respective
duty it shall be to record therein tie
opinions Of Tie Judges txforesnid So, as
uyo,'eS,Ad directed, TO he yiren By them
IN arriti"g, &c, going on to give di-
rections as filing these opinions and
keeping the records.
BY the 4th section of this Act, page
3l3, it is required, that the yrouuAs
o1l0 reasons on which the decisions
on those appeals respectively shall
be made 10y the said Judges, shall be
gire,t and subscribed b.Y Mcna IN >rritiny,
and shall be recorded, &c This Act
was passed December, 1911.
1t appears from the Acts cited, that
the J,ulyes of both the Comts Of appeal
, 1rere reYui,ed separately 10 ,cyite oM
opinions il. each case MnugM before
them on o2l.eal: and this requisition
was obligatory upon the said Judges
until December, 1916, (see 6 Statutes,
3D. when an Act was passed 10 reliere
Mem from giriny separate opinions in
up'eM cases, dc, but requiring that
"Me opi,4iom IF ere7y such Court SA1l
be 'cyiHe'4 by one IF Me JuIges Mereof,
and real at tie time lie decision shall
be mmie, und signed By uN tie jullqes
'rho c6ncto therein, and then be de-
posted with the Clerk or Register,
together with such report Of the case
from the Circuit Judge who tried the
same, us shall be necessary to give in
formation of the points decided.
In the various changes made since
that time. no material one has been