The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-10-14
THE NEW REGIME.
ACTS OF THE LEGIHLATURE.
An Act to- Rcgu ate the Practice Of the Circuit Courts
in Certain Cases.

AN ACT to- Regulate the Practice of the Circuit Courts
in Certain Cases.
| T. Be IL enacied by the Senate and House of
Representatives OF the State of South Caroli-
ma. now met and sitting In General Assembly,
and by the authority of the same, ALI the Courts
| of the State organized under the act entitled
can act to organize the Circuit Courts" shall
have power to grant new trials in cases where
there has been trial by jury for reasons for
which new trials have usually been granted in
the Courts Of Law of the United States; and
they shall have power to administer all neces-
sarv oaths or afirmatioDs, and punish by fine
or imprisonment, at the discretion OF said
Courts, all cUntempts OF authority in any
| cause or hearing before the same, aud to make
| and establish all necessary rules for the order
" conducting Of business in said Courts: Pro-
vide ], Such rules are not repugnant to the laws
of the State or the rules prescribed by the
Supreme Court.
iI. The Circuit Courts, as Courts Of Equity,
shall be deemed always open for the purpose
of filing bills, petitions. answers, pleas and
| other piead1ngs, for issuing and returning
mesne and final process and commissions, and
ror making and directing all interlccutory mo-
tons, orders, rules and other proceedings
whatever, preparatory to the hearing OF all
causes pending therein, upon their merits, and
it shall be competent for any judge OF the said
courts. upon re reasonable notice 10 the parties in
the clerks Office or at chambers, and in vaca-
tion as we'll as in term, to make, direct and
award all such process, commissions and in
terlocutory orders, rules and other proceed
ings, whenever the same are not grantab.e OF
course. according to the rules and practice of
| the court.
III. Issues of fact, in civil cases, in any Cir
emit Court. nav be tried and determined by
the court, without the intervention OF jury,
whenever the parties or their attorneys of re-
| cord file their CONSENT in writing, with the
clerk of the court, waving jury.
| ~, Upon the trial OF question OF fact by
the court, it's decision shall be given in writing,
and shall contain O statement of the facts
found and the conclusions OF law, separately;
and upon q trial Of an issue OF law the decision
| shall be made in the same manner, stating the
| conclusions OF law. Such decision shall be
| filed with the clerk within sixty days after the
court at which the trial took place. Judgment
upon the decision shall be entered accordingly
as of the term, and the judgment and finding
NAV be reviewed on writ OF error or appeal,
when the same is duly taken after the filing OF
the decision.
v. An issues of law or fact in civil cases may
be referred to arbitrators Or referees upon the
written consent Of the parties; and when the
parties do not consent, the Court may, upon
the application of either party, or OF its own
motion, except where the investigation will re-
ouire the decision of difficult questions of law,
direct reference in the following cases: LIST.
Where the trial Of an issue Of fact shall require
| the examination Of long account Oh either
side: in which case the referees may be direct
ed to hear and decide the whole issue, or to re-
port upon any specific question OF fact involved
| therein. Cd. Where the taking OF an account
| shall be necessary for the Information OF the
Court, before judgment, or for carrying Judg-
mcnt or order into effect :,
vi. The trial by referees or arbitrators shall
| be conducted in the same manner and on slml.
| lar notice as trial by the court They shall
have the samo power to grant adjournments,
| and to allow amendments to any pleadlngs as
tho court upon Guch trial, upon tho same terms
| and with like effect. They shall have the same
power to preserve order and punish all viola
| tions thereof upon such trial. and to compel the
attendance of witnesses before them by attach
ment, and to punish thca rs for contempt
for noG-attcndance or refusal to be sworn or
testify as is possessed bs the court They
| must state tho facts found, and the conclusions
of law separately. The report of such referees
or arbitrators being returned, shall te allowed
and stand as the decision of the court granting
tho rcle. unless sufficient cause be shown to
| the contrary. When the reference is to report
tho facts. the report shall have the effect of i
| special verdict found by q jury.
VII. In all cases OF reference, the parties as
to whom issues are formed in the action (ex-
cent when the defendant rs al infant or an ab-
sentee) may ayr III wiring upon the per-
sons, not exceeding three, and q reference
shall be orlelcd to him or them and to nc
other persons. And II such parties do not
| arree, the court shall appoint one or more re-
| ferees not more than three, who shall be free
from exception; and no person shall be appoint
ed referee to whom ali porties IN the action
object; and no Justice or Judge OF any court
| shall sit as a referee in any action pending IN
the court of which he is Judge. Unless the
| court shall otherwise order, OF the parties
otherwise stipulate, the referee or referees
shall make and deliver report within sixty
days from the time the action shall be finally
submitted; and in default thereof said referee
or referees shall not be entitled to receive any
fees, and the action shall proceed as il no re-
| ference had been ordered. Tie report OF the
| referee or referees, arbitrator or arbitrntors
shall be delivered to the clerk OF the court out
of which the order oil reference issued.
VIII. The iuries to serve in the Circuit
| Courts shall bo drawn in the same manner. and
serve with the same qualifications: rs hereto
fore provided BY law under military orders and
the Provisional Government Of the State, unit
the act entitled "Ap act. to regulate the manner
OF drawing lures" shall lake effect: Proutded
No more than th!rty-one petit jurors or nine.
teen grand Jurors shall be summoned to attenC
the Circuit Court at any one time, except by
order of the Court.
In the Senate House. the twenty-sixth day
September, i'll the year OF our Lord one
thousand eight hundred and sixty-elght.
L. BOOZER,
President OF the Senate.
FRANKLIN J. MOSES, JR,
Sneaker House OF Representatives.
| SC0TT G0vnrDOr