The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-10-30

the person appealing shall give o bond
to the satisfaction of the Probate
Court, with condition that he shall
prosecute such appeal to effect, and
pay oil intervening damages and costs
occasioned by such appeal. s,l
4AY, In all cases of appeal, the
appellant shall file in the Probate Of
ice his grounds of appeal, and cause
q copy thereof to be served on the
adverse party at least twelve DAYS be-
fore the time when the appeal is to
be entered in the Circuit Court.
XXVI. The person appealing shall
procure and. file in the Circuit Court
to which such appeal is granted, a
certified copy of the record of the
proceedings appealed from, of the
application and grounds for the ap-
peal filed in the Probate Court. and
of the allowance of the same, to-
gether with the proper evidence that
notice has been given to the adverse
party according to law. ...
XVII. When an appeal. accord.
ing to law, is allowed by the Probate
Court, all proceedings in pursuance
of the order, sentence or decree ap-
pealed from, shall cease until the
Judgment of the Circuit or Supreme
Court is had; but if the appellant, in
writing, valves his appeal before the
entry thereof, proceedings may be
had in the Probate Court as if no ap-
peal had been taken.
XVIII. When such certified COPY
shall have been filed in the Circuit
Court, such Court shall proceed to
the trial and determination of the
question according to the rules of
law; and if there shall be any oues-
ton of fact or title to land to be de-
clded, issue may be joined thereon
under the direction of the Court, and
trial thereof had by jury.
xxx. The Circuit Court or Su-
prcme Court, as the case may be,
may tax costs for the patty who shall
prevail; or when, in theD opinion of
the Court, justice shall require it, the
Court may deny such costs, and may
tax costs for either party; and If
costs be taxed against an executor or
administrator, the same shall be al-
lowed to him in his administration
account.
xxx. If the person appealing
from the proceedings of the Probate
Court, as provided in this Act, shall
neglect to enter his appeal, the Cir
cult Court to which such appeal shall
be taken, on motion, and producing
attested copies of such appeal by the
adverse party, shall affirm the pro-
ceedings appealed from, and may
allow costs against the appellant.
XXI. The final decision and
Judgment in cases appealed, as here
lnbefore provided, shall be certified
to the Probate Court by the Circuit
Court or Supreme Court, as the case
may be, and the same proceedings
shall be had in the Probate Court as
though such decision had been made
in such Probate Court.
XXXH. No Judge of any Probate
Court shalt be admitted. to have any
voice in Judging or determining any
appeal from his decision, or be Der
mltted to act as attorney or counsel
thereon, or receive fees as counsel in
any matter pending in the Probate
Court of which he is Judge: Pro
gided, It shall be lawful for judges of
Probate to practice law in other
Courts in such cases as are not coz
nizable in Court of Probate.
XXXIII. All proceedings in the
Court of Probate shall be commenced
by petition to the Judge of Probate
for the County to whom the iurisdic-
ton of the subject matter belongs.
briefly setting forth the facts or
grounds of the application.
XXXIV. The Supreme Court NAV.
from time to time, make rules regu-
lating the practice and conducting
the business in the Courts of Probate
In all cases not expressly provided
for by law.
XXXV. The County Commission.
ers OF each County shall provide all
books necessary for keeping the re-
cords, and all printed blanks and
stationery used in proceedings in the
Courts of Probate; also, seal and
necessary Office furniture.
XXXVI. The Judge may keen
order in Court, and punish any con
tempt, of his authority in like man
ner as such contempt might be pun
ished in the Circuit or Supreme
Court.
XXXVII. When costs are awarded,
to be paid by one party to the other,
in the Conrfa of probots, no;I S,..t ,