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

Court, and all oaths required by law
to be, administered to persons execut-
ing trust under the appointment of
said Court. ir bHe,O
XI. Probate Courts may issue all
warrants and processes in conformity
to the rules of law which may be ne
cessary to compel the attendance of
witnesses, or to carry into effect any
order, sentence or decree of such
Courts, or the powers granted them
by law.
XII. If any person shall refuse or
neglect to perform any order, sem
tence or decree of Probate Court.
such Court may issue q warrant, di-
rected to any Sheriff or Constable in
the State, requiring him to appre-
hend and imprison such person in the
common jail of the County; and if
there be no Jail of the County, then
in the jail of the adjoining County,
until he shall perform such order,
sentence or decree, or be delivered by
due course of law.
XIII. When a witness whose testi-
mony IS necessary to be used before
any Probate Court shall reside out of
this State, Tor more than thirty miles
from the place of holding Court or
by reason of age or bodily infirmity
shall be unable to attend in person,
the Court may issue commission to
one or more competent persons to
take the testimony of such witness;
and depositions taken according to
the provisions of the law for taking
depositions to be used on the trial of
civil causes, may be used on the trial
OF any question before the Probate
Court, where such testimony may be
proper
XIV. When any Probate Court
shall have first taken cognizance of
the settlement of the estate of q de-
ceased person, such Court shall have
Jurisdiction of the disposition and
settlement of all the estate of such
deceased person, to the exclusion of
all other Probate Courts.
XIV. The jurisdiction assumed by
any Probate Court in any case, SO far
as it depends on the place of resi-
dence or the location of his estate.
shall not be contested in any suit or
proceeding whatever, except in an
appeal from the Probate Court in the
original case, or when the want of
jurisdiction appears on the record.
XVI. When by law a guardian is
required to be appointed Of a minor.
who is interested as heir or legatee,
or representative of such heir or lega
tee, in any estate which is in course
OF settlement, such guardian shall be
by the Probate Court for
which such estate is in course of set
tlement; but afterwards, if the minor
shall reside in another County. and
is of the age of fourteen years, he
may choose and have q guardian ap-
pointed in the County where he shall
reside; and, in that case, the powers
OF the first guardian shall cease. In
all other cases guardians shall be ap-
pointed by the Probate Court of the
County where the person for whom
the guardian shall be appointed shall
reside.
XVII. The Probate Court by which
q guardian shall be appointed shall
have jurisdiction of the estate of the
ward, and shall be alone authorized
to permit the sale of such estate, and
settle such guardians accounts.
XVIII. Except, as provided in the
first Section, the Probate Court in
each County shall appoint such times
and places for holding courts as shall
be judged most convenient for all
persons interested, and shall give
notice of such times and places in
one or more newspapers circulating
in the County.
XIX. The Probate Court shall be
deemed open at all times for the
transaction of ordinary business,
which may be necessary when pre-
vious notice is not required to be
given to the persons interested.
Xxx. A Probate Court may be ad-
jdurned, as occasion may REQUIRE:
and when the Judge is absent at the
time for holding q Court the Clerk
may adjourn it.
XXI. The Circuit Court shall have
appellate jurisdiction of all matters
originally within the jurisdiction of
the Probate Court.
XXI. The Supreme Court shall
have jurisdiction of all questions of
law arising in the course of the pro-
ceedings of the Circuit Court in pro.
bate matters, in the same manner as
provided by law in other cases.
XIII. Any person interested in