The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-20
CODE OF PROOEDURE..Co Continued

perty OF the judgment debtor, in the
same manner, and with the like authori-
ty as If the appointment was made by
the court, according to Section two
hundred and sixty-seven. But before
the appointment Of such receiver, the
Judge shall ascertain, if practicable, by
the oath of the party or otherwise, whe-
ther any other supplementary proceed
ings are pending against the Judgment
debtor, and If such proceedings are so
pending, the plaintiff therein shall have
notice to appear before him, and shall
likewise have notice of all subsequent
proceedings in relation to said receiver
ship. No more than one receiver of the
property of judgment debtor shall be
appointed. The Judge may also, by
order, forbid transfer or other disposi-
ton or the property of the judgment
debtor not exempt from execution, and
any interference Herewith.
Whenever the Judge shall grant an
order for the appointment of receiver
OF the property of the Judgment debtor,
the same shall be filed in the Office of the
Clerk of the Court of Common Pleas of
the County where the judgment-roll in
the action, or transcript from trial JUS
tioe's judgment, upon which the pro-
ceedlngs are taken, is filed; and the said
Clerk shall record the order in q book to
be kept for that purpose in his Office, to
be called ''Book of Orders Appointing
Receivers of Judgment Debtors" and
shall note the time of the fling of said
order therein. A certified copy of said
order shall be delivered to the receiver
named therein, and he shall be vested
with the property and effects of the
Judgment debtor from the time of the
filing and recording of the order as
aforesaid. The receiver of the judgment
debtor shall be subject to the direction
and control of the court in which the
Judgment was obtained, OF docketed,
upon which the proceedings are founded.
But before he shall be vested with any
real property of such judgment debtor,
a certified copy of said order shall also
be filed and recorded in the Office of the
Register of Mesne Conveyances of the
County In which any real estate of suoh
Judgment debtor sought to be affected
by such order is situated, and also in the
office OF the Register of Mesne Convey
ances of the County in which such indc-
ment debtor resides.
SEC. 1926. If it appear that person or
corporation alleged to have property of
the Judgment debtor, or indebted to
him, claims an interest in the property
adverse to him, or denies the debt, such
interest or debt shall be recoverable only
IN an action against such person or
corporation by the receiver; but the
Judge may, BY order, forbid transfer
or other disposition of such property or
interest, TIL sufficient opportunity be
given to the receiver to commence the
nm NJ
ment and execution; but such order NAV
be modified or dissolved by the Judge
granting the same, at any time, on such
security as he shall direct.
SEC. 326., The Judge may, in his dis
cretlon, order reference to referee
agreed upon by the parties. or appointed
by him, to report the evidence or the
facts, and may, in his discretion, appoint
such referee in the first order, or at any
time.
SEC. 327. The Judge may allow to tho
judgment creditor, or to any party 80
examined, whether party to the action
or not, Witnesses fees and disbursements,
and fixed sum in addition, not exceed.
ing thirty dollars, as costs.
SEC. 32S. If any person, party or wit.
ness disobey an order of the Judge or
ieieio o0' o"'J Se!'eu, sucn person, party
or witness may be punished by the Judge
as for contempt. And in all cases of
commitment under this chapter. the per.
son cofAmitted may, in case of inability
to perform the act required, or to en-
dure the imprisonment, be discharged
from imprisonment by the Court or
Judge committing him, or the Court in
which the judgment was rendered, on
such terms as may be just.
TITLE X.
OF THE COSTS IN CIVIL ACTIONS
SECTION 329. Existing statutes regu-
lating costs repealed.