The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-10-12
THE NEW REGIME.
ACTS OF THE LEGISLATURE.
An ACT to define the jurisdiction and regulate IN

L.
Representatives of the State Of South carroll
| mn. now met aud sitting in General Assembly,,
and by the authority of the same, In pursuance
of Section 20 of Article " of the Constitution,
O. Court of Probate is hereby estahIsneu ~
each of the several counties IN the STATE wn.ch
month at OF near the courthouse and continue
| therenfter so long as the business may require:
| ri. The Court OF Probate shall be court OF
record, and have seal, may appoint clerK'
and may remove him at pleasure, and on lail-
me of the Court to appoint such cierh, Tue
Judge of the Court may perform all ING uu'ies
Of clerk.
III. The Clerk of the Court of Probate shall
keep true and fair record OF each order, sen.
tence and decree OF the Court, and OF au oeheI
things proper to he recorded; and on the lesal
fees being paid, shall give true and attesleu
copies of the files and o. tns in
All copies 40 attested shall De legal e'lueiee IA
the Courts OF this State.
". Every Judge CT Probate, in his county,
| shall have Jurisdiction in all matters testameu-
tery and of administration in business apper-
tanning to minors and the allotment OF DOVER,
cases of idiocy and iunacy, ana persons "0''
| cCnlpos nlenttS. .:,;o
v The Judge of Probate shall have jurisdlc-
ton in relation 10 the appointment and remov-
al of guardians Of minors, insane ana luot'c
persons, and persons non co6poS menus. ana
in relation to the duties imposed by law on
such guardians, and the management ana als
| positiou of the estates OF their wards. he snau
exercise original jurisdiction in relation to
trustees appointed by will in cases prescribed
by law: :.7;..;, of al ,,e,i-
| tons for partition of real estate. where no as
putc exists in relation TO the title Thereon; ana
wbeo The title to such real estate is disputed,
he snail refer the same to the Circuit Court for
adjudication. unless the parties shall consent
to his determination OF the same. The probate
of the will and the granting OF administration
| of the estate of any person deceased snal pe-
long to the Judge OF Probate TOR the county III
which such person was last an lnhabltant; pue
if such person was not an lnnaoitanG u .nos as
State. the came shall belong to the Judge OF
Probate in any county in which the greater
part OF his or her estate may Dc:
VII. All proceedings in relation to the set
Element of the est,te of any person deceased
shall be had the Probate Court CT the county
in which his will was proved or ADMINISTRATOR
of his estate was granted. a..
VIII. Eli proceedings in relation to the
property or estate of any person under guar
| dianslip shall be had in the Court OF Probate
of the county in which the guardian was ap-
pointed.
X. No Judge of Probate shall act as such
in the settlement OF any estate wherein he IS
| interested as heir or legatee, executor or ad-
ministrator, or as guardian or trustee OF any
nerson. in every such case the Judge or Fro
hate of any adjoining county shall have lurls-
diction. and it shall be his duty, upon appllca,.
ton, to attend ut some term OF the CouTt OF
Probate i'll which such case may be penalng,
which shall not interfere WITH the ullles ~
hi, own county, and hear and determine sucD
case. D..,,..o r,,,r+
| shall have mower to administer all oaths neceS-
sary in the transaction OF business before the
Probate Court, and all oaths required by law
to be administered to persons executing trust
under the appointment Of said ccurt.
III. Probate Courts may issue oil warrants
and processes il conformity to the rules OF law
which may be necessary to compel the attend
ance OF witnesses. or to carry into enecI any
orlcr. sentence or decree OF susa co,irCs, OF
the powers granted them b. law.
XII. II any person shall refuse or neglect 10
perform any order, sentence or decree OF
Probate Court, such court may issue War-
rant. directed to any Sheriff or Constable IN the
State. recurring him to apprehend and lmpr-
son such person in the common jail OF the
coupt,: and il there be no Jail OF the county,
then in the Jail Of thc adjoining county, untll
he shall perform su'h order, sentence or de-
cree. or be delivered by due course Of law.
XIII. When a witness whose testimony IS
necessary TO bc used before any Probate Court
sholI reside out Of this State, Tor more than
thirty miles from the place OF holding court
or by reason of age or bodily lnilrmlty snail
be unable to attend in person, the court may
| issue commission 10 one or more competent
| ncrsons to take the testimony OF such wit
ness; and dispositions taken accordng 10 tne
nrovisions of the law for taking deposltlons 10
be used on the trial OF ciyi! causes may pc
usc on tue trial of any question Detofe the
Probate Court where such testimony may DC
proper. n.,,..o co,,rt s,ou hovo
frs, taken cocn;Zance of the settlement OF the
estate of deceased person, such Court shall
hovc Jurisdiction of tie disposition and settle
ment OF all the estate OF such deceased person
TO the exclusion nf all other Probate Courts;
XIV. The juris LECTION assumed 9y any frC-
bate Court i'll rnv case, SO 1ar as l! ocPsuus vi
ihe place of residence or the location OF MS es-
tate shall not be contested IN any suit or pro-
ceednr whatever, except in an appeal from the
Probate Court in the original case, OF when
| thc want of jurisdiction appears on the RECORD.
WI. Vixen by law guardian IS required 70
be appointed of q minor, VINO Is lnseresseu as
herr or leratee, or representative OF such hcir
nr 1crotne in any estate which ls in course
NJ settlement. such guardian shall be appoint
oil hy th, Probate Court for which such estate
;s in comse OF settlement; but Afterwards. II
the minor shall reside in another county, and
is of the age of fourteen years, he may choose
and have guardian appointed III the couuts
where he shall reside; aid II tnat case lne
nowcrs of the first guardi an shall cease. In
iii other cases guardians shall be appointed by
the Probate Court of the county where the
persons for whom the guardian snail DC ap-
pointed shall reside. u,
XVII. The Probate Court by which guart-
ian shall be appointed shall have jurisdiction
of the estate of tho ward, and shall be alone
authorized to permit the sale OF such estate,
and settle such guardians accounts.
XVfII Except as provided III the first sec,
t;on thc Probate Court in each county snail
onnoint such times and places for holding
conrts as shall be judged most convenient for
oil persons interested and shall give notice or
such times and places in one or more newspa-
pers circulating in the county:
XIX. The Probate Court shall be deemed
omen at all times for the transaction or ordl-
nary business, which may be necessary when
previous notice is not required TO be given 70
the persons interested. ,.
*. a Probate Court may be adjourned as
occasion may require; and wren the Judge Is
absent at the time for holding court ene
clerk may adjourn it.
XXI. The Circuit Court shall have appellate
jurisdiction OF ali matters originally within the
jurisdiction of the Probate Court.
XIII. The Supreme Court snail nave yur,s-
diction OF all questions OF Jaw arising IN tue
course of the proceedings OF the Circuit court
in probate matters, in the same manner as
provided by law in other cases.,
XIII. Any person Interested IN any ofuel,
sentence or decree OF any ProDate Court, anu
considering himself injured thereDy, may up
| County Mt the stated session next after such
appeal shall be granted by the Probate Court,
II pnniication be made and fled in the clerk
Office within fifteen days from the date OF the
1o,;,on onnnd from.