The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-05


writing; if oral, the substance of then
shall be entered by the Trial Justice in
his docket; if in writing, they shall be
filed by him, and a reference to them
shall be made i'll the docket.
3. The complaint shull state, in plain
and direct manner, the facts constituting
the cause Of action.
4. The answer may contain denial of
the complaint, or any part thereof, and
also q notice, in plain and direct man
ncr, of any facts constituting defeuce
or counter claim.
5. Pleadings arc not required to DO in
any particular form, but must be such as
to enable person of common under
standing 10 know whist is intended.
6. Either party may dcmur to plead.
ing OF his adversary, or any part thereof,
when it is not sufficiently explicit to
enable him to understand it, or it con-
tains no cause OF action or defence, al
though it bo taken as true.
Z. If the Court deem the objection
we'll founded, it shall order tho pleading
to bc amended; and if the party refuse
to amend. the objective pleading shall
be c,srcgardcd.
=. In case defendant docs not appear
and answer, tho plaintiff cannot recover
with out proving his case.
Q. In an action or defence founded
upon IN account, or an instrument for
the payment of money only, it shall be
sufficient for party to deliver the ac-
count or instrument to the court, and to
state that there is due to him thereon,
from tho adverse party, specified sum,
which he claims to recover or set off.
10. A variance between tho proof on
tho trial and the allegations in q pleading
shall be disregarded as immaterial, un-
less the court shall ~ satisfied that the
adverse party has been misled to his pre-
judico thereby.
IL. The pleadings may be amended Of
any time before the trial, or during the
trial, or upon appeal, when, by such
amendment, substantial justice will be
promoted. If the amendment be made
after the joining of the issue, and il he
made to appear to tho satisfaction of the
court, by oath, that an adjournment is
necessary to the adverse party in conse-
quence of such amendment, m adjourn
ment shall be granted. The court NAV
also, in its discretion, require as q con-
dltlon OF m amendment, tho payment of
costs to the adverse party.
II. Execution may be issued on
Judgment, heretofore or hereafter rem
dered in Trial Justices Court, at any
time within iigr yoirs after the rendition
thereof, and sn;.': be returnable sixty
days from the date of the same.
IL. If the Judgment be dockcted with
the Clerk of the Circuit Court, the execu-
ton shall be issued by him to the Sheriff
of the County, and huve the same effect.
and be executed in the same manner. as
other executions and judgments Of the
Circuit Court.
Il. The court may, at the joining of
the issue, require either party, at the re-
quest OF the other, at that or some other
specltled time, to exhibit his account or
state the nature thereof as far forth as
may be in his power, and, in case of his
default, preclude him from giving evi.
dence Of such parts thereof as shall not
have been SO exhibited or stated.
10. The provisions of this Act re-
specting forms ~of action, parties to
actions, the rules of evidence, the times
OF commencing actions, and the service
OF process upon corporations, shall
apply to these courts.
The defendant may, on the return of
process, and before answering, mako n,
offer i'll writing to allow Judgment to be
taken against him for an amount, TO be
stated in such offer, with costs The
plaintiff shall thereon, and before anv
other proceedings shall be had in the
action, determine whether he will accept
or reject such offer. If he accept the
offer, nnd give notice thereof in writing,
the Trial Justice shall file the offer and
acceptance thereof, and render judg-
mcEt accordingly. If notice of accent
arce DC not given, and if the plaintiff
full to obtain judgment for greater
amount, exclusive of costs, than has
been specified in the offer, he shall not
recover costs, but shall pay to the de-
rendant his costs accruing subsequent to
the offer.
PART II.