The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-04
s. 4 CLJ
CODE OF MISUNDERSTANDING

VIVA Va - AsSoAoS SOAIlu uCu.
Sec. 81. Should tho business before
term, not be completed on the arrival of
the day fixed by law for tho holding of
the Court of Common Pleas for said
County, the Judge presiding may, in his
discrotion, adjourn said Court of Com
| mon Pleas until tho said business of the
Court Of General Sessions shall have
boen concluded.
Sec. 2S The several Circuit Judges
shall have power to hold special sessions
within their respective circuits, ut any
time in their discretion, or Mt the dis
cretion of the Chief Justice, of which
the judge presiding shall give such no.
tlce as the Chief Justice may direct, or
as may, in his Judgment, be necessary,
should no directions be given. Tic
clerk of such court shall, at least fifteen
days before the commencement of such
special session, cause the time and place
for holding the same to be notified, for
ut least two weeks, successively, in one
or more of the newspapers published
nearest the place where the session is to
be holden. All processes, writs and recog-
nizanccs of every kind, whether repect-
| ing juries, witnesses, bail or otherwise,
which rotate to the cases to be tried OF
the said special sessions, shall be con-
| sidered as belonging to such sessions, in
the same manner us if they had been
issued or taken in reference thereto. All
business depending for trial at any spc-
| cIal sessions shall, ut the close thereof,
be considered as Of course removed to
the next stated term of the Court. Said
special session shall be held in pursuance
of nh order which shall be transmitted
to the Clerk of the Court, and by him
entered Oh the records of the Court.
SEC. 20. Petit jurors summoned to at-
tend the Court of General Sessions in
my County, except tho County OF
Charleston, shall also attend and serve
as jurors for the Court of Common Pleas
next ensuing in and for the said County.
SEC. 30. Tho Judge of the Circuit
Court shall have power to direct any
Circuit Court in his Circuit to be adj.
journcd over to future day, designated
in written order to the Clerk of said
Court, whenever there is q dangerous
and general disease at the place where
said Court is usually holden.
SEC. 81. The Judges elected and aunli-
fled by taking the oath prescribed in the
| thirtieth Section of the second Article of
the Constitution, which oath, to the
Judges under the first election, shall be
administered by the Governor of the
State Of South Carolina, who is hereby
empowered to administer tho same, aud
to the Judges under any subsequent
election by one of the Justices of the
Supreme Court, shall forthwith enter
upon their duties.
SEQ. 80. The Circuit Courts herein
established shall be the courts of record,
and the books Of record thereof shall at
| n 4 "a ct,l, f, 1,
any person interested therein.
SRc. 33. The clerk elected in each
County under the provisions of Section
twenty-seyen of Article " OF the Con-
stituton, shall be Clerk of the Courts of
General Sessions and Common Pleas,
and may appoint deputy, who may
perform the duties of clerk, for whose
acts such clerk shall be responsible; and a
record OF whose appointment shall be
made III the Clerks Office; and such ap-
pointment may berevoked, at the pleasure
OF the clerk; and in cnse no clerk exists,
the Judge shall have authority to ap-
point person. who shall perform the
duties OF clerk, and said deputy clerk, or
the one appointed by the Judge, shall
be required to give the usual bond he
fore entering upon the duties of the
Office
SEC "a. All suits in Equity depending
in the Courts of Chancery. and not final
ly disposed of, and the property md the
records relating thereto, on the first day
OF January, A. D. 1869, shall be trans
ferred to the Courts of Common Pleas in
and for their respective Counties, and
shall be entered upon the dockets of
said Courts for the stated term thereof
next ensuing. and thereupon shall be
heard, tried and determined, with all
rights respected and preserved, in the
same manner rs if originally brought
there: Propieled, That no cause shall be
transferred to the dockets of the courts
aforesaid, not equitable therein under
the Constitution: ProridetI, further.
That oil causes depending rs aforesaid,
and the property and records pertaining
thereto. cognizablo under the Constitu.
ton in the Courts of Probate, shuIl be
transferred to said Courts.
TITLE ".
PROBATE COURT
SECTION 35. Sessions
Sec. 36. Court of Record.
SEC RI Dutios Of Clcrk