The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-27
CHAPTER VIII.
MOTIONS AND ORDERS.

| MOTIONS AND ORDERS,
SECTION 41G. Definition of m order.
SEC. HI. Definition of motion. Mo-
tons, how and when made. STAY of
proceedings. Compelling parties to tes-
tify on motions. Decision on motion.
SEC. 4lS. Notice of motion.
| SEC. 119. In absence, &c, of Judge at
chambers, motion may be transferred to
another Judge.
Sec. 420. Enlarging time for tho pro-
ccedings in an action.
SEC. ZIG. Every direction of court
or Judge, made or entered in writing.
and not included in judgment, is demo,
minated an order
SEC. AT. a. An application for an
order is q motion.
e. Motions may be made to Judge
or Justice out OF court, except for new
trial on the merits
(3) Orders made out of court, without
notice, may be mado by the judge of the
court, in any part of the State
Il. Notions upon notice must be made
within the circuit in which the action is
triablc, or in the absence or inability of
the Judge of the Circuit, may be made
before the Judge of Circuit. adjoining
that IN which it is triable
(5.) a motion to yacate or modify n
provisional remedy, and an appeal from
an order allowing a provisional remedy.
shall have preference over all other mo.
tions
(6.) No order to stay proceedings for
longer time than twenty days shall be
granted by Judge out of Court, except
upon previous notice to the adverse
party.
~ When any party intends to make
or oppose motion in any court of re-
cord, and it shall be necessary for him
to have the affidavit Of any person who
shall have refuse to mako tho same. such
court may, by order, appoint referee
to take the affidavit or deposition of such
person. Such person may be subpenaed
and compelled to attend and make an
affidavit before such referee, the same as
before referee to whom it is referred
to try an issue. And tho fees of such
referee for such service shall be three
dollars per day.
~ whenever n motion shall be made
IN any cause or proceeding in any Of the
courts III this State, to obtain an iniunc-
tion order, order of arrest, or warrant of
attachment, granted in any such case or
proceeding. it shall be the duty of the
Judge, Trial Justice, or other officer, be-
toic NUN SuCH InoIlOn is made, to rem
der and mako known his decision on
such motion within twenty DAYS after
the day upon which such motion shall
or may be submitted to him for his de-
cision.
SEC. 41S. When notice of n motion
is necessary. it must be served four days
before the time appointed for the hear
ing; but the Court or Judge may, by an
order to show cause, prescribe shorter
time.
SEC. 419. When notice of q motion is
given, or an order to show cause is re-
turnable before a Judge out of Court.
and at the time fixed for the motion he
is absent or unable to hear it, the same
may be transferred, by his order, to
some other Judge, before whom the mo.
tion, in case of his absence or inability,
might originally have been made.
SEC. 42O. The timo Within which any
proceeding in an action must be had,
after its commencement, except the
time within which m appeal must be
taken, may be enlarged, upon IN afiida-
Wit showing grounds therefor, by Judge
of the Circuit Court. The affidavit or O
copy thereof, must be served with
copy OF the order, or the order may be
disregarded.