The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-10-29
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Acts Passed at the Late Session of
the Lepisiafilre.

AUS dbScv aG JIG A3C9 96SSlOn OF
.sa. ,sa the legislature.
AN ACT TO REGULATE THE PRACTICE
~ OF THEJ OIRCUFF COURTS IN CERTAIN
! GASES. -
IYtsl. be al enacted or lie tSenaie ana
House Of Representatives of The STATE.
Qf S0aht Carolina, a0,o M and sitting
in General Assembly, and by the dutbo-
7'ity Of Me same, Ali the Courts Of
the State organized under the Act
entitled IAN Act to organize the Cir
cult Courts" shall have power to
grant new trials in cases where there
has been trial by jury for reasons
for which new trials have usually been
granted in the Courts of law of the
United States; anu they shall have
power to administer all necessary
oaths or affirmations, and punish by
fine or Imprisonment, at the discre-
of said Courts, all contempts of au-
| thority in any cause or hearing be-
fore the same, and to make and
establish all necessary rules for the
orderly conducting of business in
said Courts: Provided, Such rules
are not repugnant to the laws Of the
State or the rules prescribed by the
| Supreme Court.
IL. The Circuit Courts, as Courts
of Equity, shall be deemed always
open for the purpose of filing bills,
petitions, answers, pleas and other
pleading, for issuing and returning
mesne and final process and commits
sions, and for making and directing
all lnterlocutory motions, orders,
rules and other proceedings what
ever, preparatory to the hearing of
all causes pending therein, upon their
merits, and it shall be competent for
any Judge of the said Courts, upon
reasonable notice to the parties in
the Clerks Office or ut Chambers, and
In vacation as well as in term, to
make, direct and award all such pro-
cess, commission and interlocutory
orders, rules and other proceedings,
whenever the same are not grantable,
of course, according to the rules and
practice of the Court.
LII. Issues of facts, in civil cases, in
auy Circuit Court, may be tried and
determined by the Court without the
intervention of jury, whenever the
parties or their ATTORNEYS of record
tlie their consent, in writing with the
Clerk of the Court, waving jury.
lV. Upon the trial of question Of
fact by the Court, its decision shall
be given in writing, and shall contain
q statement of the facts found and
the conclusions of law, separately;
and upon trial of an issue of law
the decision shall be made in the
same manner, stating the conclusions
of law. Such decision shall be filed
with the Clerk within sixty days after
the Court at which the trial took
place. Judgment upon the decision
shall be entered accordingly as of the
term, and the judgment and finding
may be reviewed on writ OF error or
appeal, when the same is duly taken,
after the filing of the decision.
V. All issues of law or fact in civil
cases may be referred to arbitrators
or referees upon the written consent
of the parties; and when the parties
do not consent, the Court may, upon
the application of either party, or of
its own motion, except where the in
vestigation will require the decision
OF difficult questions of law, direct
reference in the following cases: 1st.
Where the trial of All issue of fact
shall require the examination of o
long account on either side; in which
case the referees may be directed to
hear and decide the whole issue, or
to report upon any specific question
of fact involved therein. I'd. Where
the taking of an account shall be ne
cessary for the information of the
Court, before judgement or for car
rrying judgment or order into eff
feet.
VI. The trial by referees or arbi-
traitors shall be conducted in the same
manner, and on similar notice as O
trial by the Court. They shall have
the same power to grant adjourn
ments, and to allow amendments to
any pleading as the Court upon such
trial, upon the same terms and with
like effect. They shall have the same
power to preserve order and punish
all violations thereof upon such trial,
and to compel the attendance of wit
nesses before them by attachment,
and to punish them as for contempt
for non-attendance or refusal to be
sworn or testify as is possessed by
the Court. They must state the facts