The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-11

be made, or other Act to be done, after
The time limited by this Act, or, by an
order, enlarge such time; and may also,
IN Its discretion, and upon such terms ms
may be Just, ut any time within one year
alter notice thereof, relieve party from
judgment, order, or other proceeding,
taken against him through his mistake.
inadvertence, surprise, or excusable neg
lect, and may supply an omission in any
proceeding: and whenever any proceed
ing taken by party fails to conform in
any respect to the provisions of this
Codc, the Court may. in like manner,
ana upon like terms, permit an amend
ment OF such proceeding, so rs to make
it conformablo thereto.
SEC. l9S. When the plaintiff shall be
ignorant of tho namo of defendant,
such defendant may be designated in any
pleading or proceeding by any name !;
and when his true name shall be discoy-
cred, the pleading or proceeding may be
amended accordingly.
SEC. 100. The Court shall, in every
stage of action, disregard any error or
defect IN the pleadings or proceedings,
which shall not affect tho substantial
rights OF the adverse party; and no iudg-
ment shall be reversed or affected by rea-
son of such error or defect.
SEC. 200. The plaintiff and defendant
respectively may be allowed, on IN otion,
to mako supplemental complaint, un-
swer or reply, alleging facts material to
the case occurring after tho former COM
plant, answer or reply, or of which the
party was ignorant when his former plead
ing was made, and either party may, by
leave OF the Court, in any pending or fu-
Nv,
pleading the judgment or decree of any
Court of competent jurisdiction render
ed since the commencement of such nc
tlon, determining the matters in contro-
Versy III said action, or my part thereof,
and II said Judgment be set ND bv the
plnlntif1, the same shall be without pre-
Juice to any provisional remedy there
toiore issued or other proceedingi had in
said uction on his behalf
TITLE VII.
OF THE PROVISIONAL REMEDIES IN CIVIL
ACTIONS.
CHAPTER l. Arrest and bail.
CHAP. III. Claim and delivery of per-
sonal property.
CHAP. III. Injunction.
CHAR. ". Attachment.
CHAP. V. Provisional remedies
CHAPTER I.
ARREST AND BAIL.
Sec. 2O1. No person to be arrested in
civil action except as prescribed.
SEC. 202. Arrest in civil actions, in
what cases.
SEC. 2o3. Order for arrest, by whom
to be made.
Sec. 204. Affidavit to obtain order for
arrest. To what actions this chapter ap
plies.
SEC. 205. Security by plaintiff before
obtaining order for arrest.
Sec. 20G. Order for arrest, wien it
may be made, and its form.
SEC. 2O7. Original affidavit and order
to be delivered to sheriff, and COPY to bc
delivered to defendant.
Sec. 2OS. Arrest, how made.
SEC. 200. Defendant to be discharged
on giving bail, or making deposit.
SEC. 2lO. Bail. how given.
Sec. 2ll. Surrender of defendant.
SEC. 212. The like
SEC. 213. Bail, how proceeded against.
SEC. 2l4. Bail. how eXonerated.
SEC. 2l5. Delivery or undertaking Of
bail to plaintiff, aud it's acceptance or
rejection by him.
SEC. ZIG. Notice OF justification. New
bail.
SEC. 217. Qualification of bail.
SEC. 219. Justification OF bail.
SEC. 2l9. Allowance of bail.
SEC. 220. Deposit in lieu of bail
SEC. 22l. Payment of desposit into
court.
Sec. 222. Substituting bail for de-
posit.
SEC. 223. Deposit, how disposed Of
after Judgment in the action.
Sec. 224. Sheriff, when liable MS bail.
SEC. 225. Proceedings on judgment
against sheriff.
SEC. 226. Bail liable to sheriff.
SEC. 221. Eacating order of arrest or
reducing bail.
SEC. 22S. Al!idavits on motion to va
cate order Of arrest or reduce bail
SEC. 2O1. No person shall be arrested
III civil action, except as prescribed by
this act; bat the same shall not apply to
proceedings for contempt.
SEC. 202. The defendant max be ar
rested. rs hereinafter prescribed, in tie
following cases:
l. III an action for the recovery of
damages. Oh q cause of action not arising
out OF contract where tho Iofnn,1ont ;c