The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-10-08
ACTS OF THE LEGISLATURE.

IN Act 10 Regulate Appeals and writs Of Error to
the Supreme Court.
i. Be ii enacted by the Senate ard House of
Representatives of the State Of South Carolina,
now met and sitting in General Assembly, and
By the authority Of tho same, That from final
decrces and jud yments in equity in Il Circuit
ceeds one hundred dollars IN Value; and, Hp6S
such appeal, O copy of the bill, answer, deposit
items. and other proceedings in the cau-e, shall
b(, transmitted to and filed in the Supreme
Court, and no new evidence shall be received
on the hearing of such appeal. An appeal
flom the order or decree of any Judge In
Equity shall in all cases operate os ,:'ls su-
persedeas of such order or decree pending
the appeal: Provided, That if the opposite
party shall have reason to apprehend rrepara-
BILE injury from the suspension OF such order
or decree, he or she may, upon giving ten days
notice to the appellant, OF to his or her solicitor,
move, before the Chief Justice or an Associate
Justice, at Chambers or in the Supreme Court,
order or decree from which the appeal ls taken,
according to it's terms, and Notwithstanding
III. Final judgments and decrees in civil and
criminal actions in the Circuit Courts, brought
there by original process, or removed there
by appeal from any inferior court or Jurlsdic-
ton, may be re-examined and reversed or af-
whereto shall be annexed and returned there
with. at the day and place therein mentioned,
an authentic transcript OF tho record, an as
signment of errors and prayer for reversal,
with citation to the adverse party, signed by
Judge of the Circuit Court or Justice OF the
Supreme Court, giving to the adverse party at
least ten days notice. Thele shall De no re-
yersal on such q 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 rendering OF
passing the Judgment, or passing the decree
complained Of. No Justice or Judge Shall
sign citation on any writ OF error MS aforesaid
without first having taken good and sufficient
security that the plaintiff in error shall prose-
cute his writ to effect, and answer all damages
and costs occasioned by reason OF his proceed
ipgs 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 80 much OF the
transcript of the record as fully and plainly ex,
bbits the errors assigned shall be transmitted
to the Supreme Court unless the Supreme
Court upon the hearing OF the cause, shan
order it.
uI. A writ of error as aforesaid shall be
supersededS and stay execution IN cases only
where the writ is served by copy thereof being
lodged for the adverse party IN the CLERKS
Office where the record remains, within i've
days, Sunday exclusive, after rendering the
Judgment or passing the decree complained OF.
| Until the expiration Of which term OF i've days
execution shall not issue in any case; and
| whereupon such writ OF error, the Supreme
| Court shall affirm judgment and decree, they
shall adjudge or decree to the respondent IN
error Just damages for his delay, and single OF
| double cost, at their discretion.
~. When a Judgment or decree shall be re-
yersed in the Supreme Court, the said court
shall proceed to render such Judgment or pass
such decree as the Circuit Court shall have rem
dered or passed, except where the reversal ls IN
favor of the plaintiff or petitioner in the oIlgl-
nal suit, and the damages to be assessed OF
matter to be decreed are uncertain, IN which
case the cause shall be remanded for final de-
csion in the Circuit Court, in accordance with
| the decision of the Supre me Court and thelI
order in the premises. The Supreme Coutt
| shall not issue execution in causes THAT are re,
moved before them by writs OF error, but snaI
send q special mandate to the Circuit Court to
| award execution thereupen.
| Y. It ehall be tho duty OF the CLERK OF the
Supreme Court forthwith to transmit to the
Clerks of the several Circuit Courts the form o.
q writ Of error, to be approved by a Justice OF
the Supreme Court, and it shall be lawful 1ol
tbe Clerks Of the said Circuit Courts TO Issue
writs of error agreeable to such form, as nearly
as the case may admit. under the seal OF sale
| court, returnaDle 10 lue OuPioiuS OouiV, "HN
the Supreme Court shall have power to pre-
scribe all rules for the orderly conduct Of lts
business and also the business of the Circui
Courts, not inconsistent with the act OF th'
General Assembly.
v. The security to be required and taken Oh
the signing of O citation or any Witt OF elro
which shall not be a supersedeaS and stay exc
cution shall be only to such an amount as, il
the judgment of the justice or judge taking tn
same, shall be sufficient to answer all sucl
costs as, upon an affirmance of the judgment o
decree, may be adjudged or decreed to the re
spondent in error.
VII. Whenever any writ of error, appeal O
other process in law or equity shall issue fror
or be brought up to the Supreme Court by tn
State no bond, obligation or security shall al .
Cfo4o I,,-n 1r11o f,Gr