The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1868-10-21

Judges under the first election, shall be
] administered bv the Governor of the
State Of South Carolina, VINO IS hereby
empowered to administer the same, and
, to the Judges under any subsequent
election by one Of the Justices of the
Supreme Court, shall forthwith enter
upon their duties and all cases begun
amd pending in the Courts Of Common
| Pleas and Sessions of the Provisional
Government of South Carolina at the
expiration thereof shall be, and the
same are hereby, transferred to the
! County Courts having jurisdiction OF
, the same, established by this Act, with
all files, records and property pertaining
thereto and to said Courts; and all pro-
cesses, writs and rccognizances Of every
kind, whether respecting juricS, wltneS-
seS, bail or otherwise, shall be con>il-
cred as belonging to the Courts herein
established, in the same manner as if
they had been issued nr taken with re-
ference thereto; provided, that no cause
shall be transferred as aforesaid not cog
nizable in the Circuit Courts under the
Constitution on original process or ap-
peal
XVI. The Circuit Courts herein cs
tabliSh;d shall be Courts Of record, and
books of record thereof shall at all times
be subject to the inspection of any per-
son interested therein.
XVII. The Clerk elected it each
.l, re Su..rnn
y, f Articly ", of the Constitution,
Stall he Geek If the Courts of General
Sessions anJ Common Pleas, and may
appoint deputy, who may perform the
duties of Clerk, for whose acts such
Cle'k shall be responsible, and record
of whose appointment shall be made in
the Clerks Office; and such appoint
ment may be revoked at the pleasure of
the Clerk and in case no Clerk exists,
the Judge shall have authority to ap-
point person. who shall perform the
duties of Clerk, and said Deputy Clerk,
or the onc appointed Hy the Judge, shall
be required TO give tie usual bond be.
fore entering upon thc duties of the Of
lice.
XVIII. All Suis in Equity depending
in tue Coarts of / haacc'y, a:'d not H.
nally disposed OF, and the. property and
records relating thereto, on the first day
Of Janaary, A. d 1869, shall be trans-
frrred to the Courts Of Common Pleas in
a"l fer their reSre tive counties, ard
>t,sil &c entered upcn the docketS OF said
Courts fox the stated term thereof "ext
cn<uinS, and therenpcA shall he heard,
tried and determined, with all !l2ht>
resnec;ed and preserved, il the same
.,aansr AZ # originally brnnsht there;
Provided. That no cause shall &C trans
fy,rs.! 70 the dockets Of the Courts, as
aforesaid. not cuSniZahle therein under
the Constitution: Provided, further,
rhat ali causes depending us aforesaid,
and the property and records pertaining
thereto, cognizabie under the ConStitu
ton. ia TIE Courts Of Probate, shall be
transferred to said Courts.
XIX. AL books of record, all files
and Ill property Of whatsoever kind OF
tho co,lriS 0f chauccry. except as bere-
inbefore provided, shall, on the first day
Of January, 4. d., 1869, be transferred
to the courts Of common Pleas for the
counties having Jurisdiction Of Ike
causes; and the several clerks of the
circuit coartS shall receive the same
from the outgoing clerks and Masters OF
said courts, and receipt therefor, and
also enter said receipt upon the records
Of thei respective ccnrts.
XN. All writ> heretofore issued Tor
which, before the ratification Of this Act,
sh.!l have been iSsne1,) and made re-
turn;h!e to the terms Of the couits OF
common Pleas, as heretofore established
by law, shall he returnab'c 10 the terms
of the said courts which shall first issue
in each county respectively, under the
provisions of this Act.
XXI. At the term of the court OF
Sessions and cnmMna Pleas which~~-naiI
first enSrA in such county after ratl'lca.
~tion Of this Act, it shall be the duty Of
the Judge presiding to call the dockets
of the late District court, and to pass
such orders proposed by the Solicitor Oil
the Sessions, or by the plaintiff S attor-
neys in civil causes. as in the judgment
of the court may be proper to transfer
the unfinished business to its proper
tribunal for Adjudication.