The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-10-15
,ei.s I0BETOTAzs.l
Acts Passed at the Late Session of
lfE the Iepislafure.

AN ACT TO REGULATE APPEALS AND
wRITs OF ERROR TO THE SUPREME
| COURTS. II
I /. Be ii enacted By Me Senate and
House Of Representative Qf tie Sfaie
Of South Carolina, mo,o mel and sitting
in General Assembly, and By The au-
Mority Of Tie same, That from final
decress and judgments in equity in q
Circuit Court, an appeal to the
Supreme Court shall be allowed,
where the amount in controversy
exceeds one hundred dollars in valuo;
and, upon such appeal, copy OF the
bill, answer, dispositions, and all
other proceedings in the cause, shall
be transmitted TO and filed in the
Supreme Court, and no new evidence
shall be received on the hearing of
such appeal. An appeal from the
order or decree of any Judge in
Equity shall, in NIL cases, operate as
q SupersededS of such order or decree
pending the appeal: Prouitled, That
If the opposite party shall have req
son to apprehend irreparable injury
from the suspension of such order or
decree, he OF she may, upon giving
ten days notice to the appellant, or
to his or her solicitor, move, before
the Chief Justice or an Associate
Justice, ut Chambers or in the Su-
preme Court, for an order directing
the enforcement of the order or de-
cree from which the appeal is taken,
according to its terms, and notwiti-
standing the appeal.
TT FiDo1 ind Irp,ont, o,>.l ,1oa..a
In civil and criminal actions in the
Circuit Courts, brought there by
original process, or removed there
by appeal from any inferior court or
jurisdiction, may be re-examined and
reversed, or affirmed in the Supreme
Court upon writ of error, whereto
shall be annexed and returned there
with, ut the day and place therein
mentioned, an authentic transcript
OF the record, an assignment of errors
and prayer for reversal, with n cita-
tlon to the adverse party, signed by
II Judge of the Circuit Court or JUS
tice of the Supreme Court, giving to
the adverse party at least ten days
notice. There shall be no reversal
on such writ of error for error in
ruling any plea in abatement other
than plea to the jurisdiction of the
court, or for any error in fact Writs
of error shall not be granted unless
brought within one year after rem
dering or passing the Judgment, or
passing the decree complained of.
No Justice or Judge shall sign cita-
ton on any writ of error as afore-
said, without first having taken good
and sufficient security, that the plain
tiff in error shall prosecute his writ
to effect, and answer all damages and
costs occasioned by reason of his pro-
cecdings in error, if he fail to make
his plea good: Provided, That by an
agreement of the parties to cause,
which agreement shall be put upon
or attached to the record, only so
much of the transcript of the record
as fully and plainly exhibits the errors
assigned shall be transmitted to the
Supreme Court, unless the Supreme
Court, upon the hearing Of the cause,
shall order it.
III. A writ of error rs aforesaid
shall be SuperseeleaS and stay execu-
ton III cases only where the writ is
served by copy thereof being lodged
for the adverse party in the Clerk S
office where the record remains,
within five days, Sunday inclusive,
after rendering the judgment or
passing the decree complained of.
Until the expiration of which term
of five days, execution shall not issue
in any case; and whereupon such
writ of error, the Supreme Court
shall affirm n Judgment and decree,
they shall adjudge or decree to the
respondent in error just damages for
his delay. and single or double cost,
at their discretion.
~. When Judgment or decree
shall be reversed in the Supreme
Court, the said Court shall proceed
to render such judgment or pass such
decree rs the Circuit Court shall have
rendered or passed, except where the
reversal is in favor of the plaintiff or
petitioner in the original suit, and
the damages to be assessed or matter
to be decreed are uncertain, in which
case the cause shall be remanded for
final decision in the Circuit Court, in
accordance with the decision of the
Supreme Court and their order in
the premises. The Supreme Court
shall not issue execution in causes
that ora rom ovab l,ofora +Lo,, H.,