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

established shall be Courts of record.
and the books Of record thereof shall
at all times be subject to the inspec-
ton of any person Interested therein:
XVII. The Clerk elected in each
County under the provisions &C Sec
ton 27 of Article " of the Constitu-
ton shall be Clerk of the Courts of
General Sessions and Common Pleas.
and may appoint o deputy, who may
perform the duties of Clerk, for whose
acts such Clerk shall be responsible,
end q record Of whose appointment
shall be made in the Clerks office;
and such appointment may be revok-
ed at the pleasure of the Clerk; and
in case no Clerk exists, the Judge
shall have authority to appoint per-
son, who shall perform the duties of
Clerk, and said Deputy Clerk, or the
ono appointed by the Judge, shall be
required to give the usual bond be-
lore entering upon the duties of the
XVIII. All suits in Equity depend
ing in the Courts of Chancery. and
not finally disposed of, and the pro
perty and records relating thereto, on
the first day of January, A. d. 1869.
shall be transferred to the Courts Of
Common Pleas in and for their re-
spective Counties, and shall be enter
ed upon the dockets of said Courts
for the stated term thereof next ensu-
ing, and thereupon shall be heard,
tried and determined, with all rights
respected and preserved, in the same
manner asif originally brought there:
Provided, That no cause shall bs
transferred to the dockets of the
Courts as aforesaid not cognizable
therein under the Constitution: Pro-
vided, further, That all causes depend
ing as aforesaid, and the property and
records pertaining thereto, eognizable
under the Constitution in the Courts
of Probate, shall be transferred to
said Courts. ef, u
XIX. All books of record, all files,
and all property of whatever kind, OF
the Courts of Chancery, except as
hereinbefore provided, shall, on the
first day of January, A. D. 1869, be
transferred to the Courts of Common
Pleas for the Counties having juris-
diction of like causes; and the seve-
raj Clerks Of the Circuit Courts shall
receive the same from the outgoing
Clerks and Masters of said Courts
and receipt therefor, and also enter
said receipts upon the records of their
respective Courts.
Xxx. All writs heretofore issued Tor
which, before the ratification of this
Act, shall have been issued) and made
returnable to the terms of the Courts
of Common Pleas, as heretofore
established by law, shall be returna-
BILE to the terms of the said Courts
which shall first issue in each Coun-
ty, respectively, under the provisions
of this Act.
XXI. At the term of the Court of
Sessions and Common Pleas which
shall first ensue in each County after
the ratification of this Act, it shall be
the duty of the Judge presiding to
call the docket of the late District
Court, and to pass such orders, pro-
posed by the Solicitor on the Ses-
sions, or by the plaintiffs attorneys
IN civil causes, as in the judgment of
the Court may be proper, to.transfer
the unfinished business to its proper
tribunal for adjudication.
In the Senate House, the twentieth
day of August, in the year of our
Lord one thousand eight hun
dred and sixty-eight.
L. BOOZER, '''r''-
President of the Senate.
+. J. MOSES, JR., gy
Speaker House of Representatives.
Approved: ~