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

% -t0FFI0LAL.I ~
Acts Passed at the Late Session of
~ iaSs the Legislature.
AN ACT TO DEFINE THE JURISDICTION
AND REGULATE THE PRACTICE OF
PROBATE COURTS.
L. Be it enacted by The Senate and
House Of Representatives of the State
Of South Carolina, noao met and Sihinq
IN General Assembly, and 5yt1e am1o-
Ttty Of tie same. In pursuance of Sec
tion 20, of Article ", of the Consti-
tuition, Court of Probate is hereby
established in each of the several
Counties in the State, which shall
hold a session on the first Monday of
each month at or near the Court
House, and continue thereafter so
long as the business may require.
Z. III. The Court of Probate shall be
a Court of record, and have seal,
may appoint a Clerk, and may re-
move him at pleasure, and on failure
of the Court to. appoint such Clerk,
the Judge of the Court may perform
all the duties of Clerk.
Ill The Clerk of the, Court of
Probate shall keep q true and fair
record of each order, sentence and
decree of the Court, and of all other
things proper to be recorded; and on
the legal fees being paid, shall give
true and attested copies of the files
and proceedings of the Court. All
copies so attested shall be legal evil
dence in the Courts of this State.
i, Nv. Every Judge of Probate, in
his County. shall have jurisdiction in
all matters testamentary and of ad-
ministration in business appertaining
to minors and the allotment of dover,
cases of idiocy and lunacy, and per-
sons non con,pOtes n,eatiS.
~. The Judge of Probate shall
have jurisdiction in relation to the
appointment and removal of guar
dams of minors, insane and idiotic
persons, and persons non compotes
naentis, and in relation to the duties
imposed by law on such guardians,
and the management and disposition
of the estates Of their wards. He
shall exercise original jurisdiction in
relation to trustees appointed by will
in cases prescribed by law.
vi. He may exercise jurisdiction
of oil petitions for PARTITION of real
estate, where no dispute exists in re-
lation to the title thereof; and when
the title to such real estate is disput.
ed, he shall refer the same to the
Circuit Court for adjudication, unless
the parties shall consent to his deter
mination of the same. The probate
of the will and the granting of admi-
nistration of the estate Of any per-
son deceased, shall belong to the
Judge of Probate for the County in
which such person was last an inha-
bitant; but if such person was not
an inhabitant of this State, the same
shall belong to the Judge of Probate
IN any County in which the greater
part OF his or her estate may be.
VII. All proceedings in relation to
the settlement of the estate of any
person deceased shall be had in the
Probate Court Of the County in
which his will was proved or edmi-
nlstrat1on OF his estate was granted.
Will ALI proceedings in relation
to the property or estate of any per-
sons under guardianship shall be had
in the Court of Probate of the Coun-
ty in which the guardian was ap-
pointed.
TX, No Judge of Probate shall act
as such in the settlement Of any es-
tate wherein he is interested as heir
or iegatee, executor or administrator,
or as guardian or trustee of any per-
son; in every such case the Judge of
Probate of any adjoining County
shall have Jurisdiction, and it shall
be his duty, upon application, to at
tend at some term of the Court of
Probate in which such case may be
pending, which shall not interfere
with the duties in his own County.
and hea. and determine s;;5ih case.
x. The Judge or Clerk of the Pro.