The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-10-12


the appellant, in writing, valves his appeal
before the entry thereof, proceedings may be
had in the Probate Court as if no appeal had
been taken.
XVIII. When such certified copy shall have
been fled 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 question Of fact or title
to land to be decided, issue may be joined
thereon under the direction of the Court, and
trial thereof had by jury.
NIX. The Circuit Court or Supreme Court,
as the case may be, may tax costs for the party
who shall prevail, or when, in the opinion OF
the Coult, justice shall require it, the Court
may deny such costs, aud may tax costs for
either party; and il costs be taxed against an
executor or administrator, the same shall be
allowed to him in his administration account
Xxx. If the person appealing from the pro-
ceedings of tho Probate Court, as provided i'll
this act, shall neglect to enter his appeal, the
Circuit Court to which such appeal shall be
copies of such appeal by the adverse party
shall affirm the proceedings appealed from,
and NAV allow costs against the appellant.
XXI. The fual decision and Judgment in
cases appealed, as horelnbefore provided, snail
be certified to tho Probate Court by the Circuit
Court or Supreme Court, NJ the case may be.
and The same proceedings shall be had IN the
Probate COurC Us IilOuSu SuCu uCSlo'Oa ii"NA
been made in such Probate Court.
XVIII. No Judge Of any Probate Court shall
he admitted to have any voice in judging or de-
termning any appeal from his decision, or be
permitted to net as attorney or counsel there
on, or receive fees as counsel in any matter
pending in the Probate Court OF WHICH ne IS
Judge: Provided, it shall be lawful for Judges
of Probate to practice law IN other coul Us IN 7
such cases as are not cognizable IN Court OF
Probate. an
XXXIII. All proceedings in the Court OF Pro
bate shall be commenced by petition to the
Judge OF Probate for the county to whom the
Jurisdiction OF the subject matter belongs,
briefly setting forth the facts or grounds OF the
application.
XXXIV. The Supreme Court may, from time
to time, make rules regulating the practice and
conducting the business in the Courts of Pro-
bate in all cases not expressly provided for by
law.
XXXv. The County Commissioners Of each
county shall provide all books necessary for
keeping the records, and all printed blanks and
stationery used in proceedings in the Courts
of Probate; also, o seal and necessary otilcc
furniture
XXXVI. The Judge may keep order in court,
and punish any contempt OF his authority in
like manner 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 Courts
of Probate said courts may issue execution
therefor in like manner as is practlced IN the
courts OF common law; and when no form tor
a warrant or process is prescribed by statute
or rules of court, he shall frame one in con-
fornity to tho rules OF law, and tho usual
course Of proceedings in this State. Any sher-
itf or constable in the State shall execute the
orders or processes OF said court in the same
manner rs the orders or processes Of the Cir
cult or Supreme Courts.
XXXyIII. The Judge OF the Probate Court
may commit to the Lunatic Asylum any idiot,
luuatic or person non conlpos 1aertiS, who, in
his opinion is so furiously mad as to ronder it
manifnstly dangerous to the peace and safety
of the community that he or she should be at
large; and also, in all such other cases provld
ed ty law. In all cases the Judge shall certify
in what place the said person or persons resi-
ed at the sine Of the commitment, and such
certificate shall be conclusive evidence OF such
res dence.
3.XXIX. All laws and parts of laws of the
late Provisional Government Of South Carolina
rcletive to the powers, duties and course oil
procedure of the Courts OF Ordinary and Equl-
ty, lis fur as the jurisdiction Of slid Courts is
herein conferred on the Courts of Probate, not
inconsistent with the constitution and this act,
or supplied by it, are hereby adopted and de-
clared to be of force, and applicable to the
Courts OF Probate. All files, records and prop.
crty of, or pertaining to, said Courts Of Ordina-
ry are forthwith, upon the qualification OF tn:
Judges of Probate elected in the several coun.
ties, required to be transferred to the Courts OF
Probate established by this act for said coun'
ties. A receipt shall be given for said records
and property by the several Judges OF Probate,
and copy thereof shall be entered upon the
records of their respective Courts.
In the Senate House, the twcnty-trst day oil
September, in the year OF our Lord one thou
sand eight hundred and sixty-eight.
L. BOOZER,
President of the Senate.
FRANKLI.j j. MOSES, Jr.,
Speaker House of Representatives.
Approved: ROBERT K. SCOTT, Governor.