The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-26
issued for the collection and enforce
ment of the same.
CHAPTER Nv.

OFFER OF THE DEFENDANT TO COMPROMISE
THE WHOLE OR PART OF THE ACTION.
SECTION 4O2. Offer of compromise.
Sec 403. Defendant may offer TO H.
quidate damages
SEC. 404. Effect of acceptance or re.
fusal to offer.
Sec 402. The defendant may, Of any
time before the trial or verdict, serve
upon the plaintiff an offer in writing to
allow Judgment to be taken against him
ior the sum or property, or to the effect
therein specified, with costs. If the
plaintiff accept the offer, and give notice
thereof IN writing within ten days, he
may hle the summons, complaint and
offer, with an affidavit of notice and no.
ceptance, and the Clerk must thereupon
enter Judgments accordingly. If the no
tice OF acceptance be not given, the offer
Is to deemed withdrawn, and cannot be
given in evidence; and if the the plain
TIL fall to obtain a moro favorable iude-
ment he cannot recover costs, but must
pay the defendants costs from the time
OF the offer; And in case the defendant
shall set up connter-claim in his an-
swer to an amount greater than the plain
tih's claim, or sufficient to reduce the
PLAINTIFFS recovery below fifty dollars.
then the plaintiff may servo upon the de-
fendant an offer in writing to allow judg-
ment to be taken against him for the
amount specified, or to allow said coun-
ter-claim to the amount specified, with
costs. Ii the defendant accept the offer.
and give notice thereof in writing within
ten days, be may enter judgment as above
tor the amount specified, if the offer en-
utlca him to Judgment, or the mount
sspecihed IN said offer shall be allowed
him IN the trial of the action. II tho no.
tlce OF acceptance be not given, the offer
Is to be deemed withdrawn, and cannot
be given In evidence; and if the defend
ant 1all 10 recover more favorable judg-
ment, or to establish his counter-claim.
1or greater amount than is specified in
SAID oi1er, ne cannot recover costs, but
must pay the plaintiffs costs from the
time of the offer
tract, the defendant may, with his an
swer, serve upon the plaintiff an offer in
writing. that if he fail in his defence. the
damages be assessed at a specified snm
and If the plaintiff signify his acceptance
thereof in writing, with or before The no.
tice OF trial, and on the trial have YER
dict, the damages shall be assessed ac-
cordingly.
SEC. 4O4. If the plaintiff do not accent
the offer, he shall prove his damages IA
II 1T had not been made, and shall not
be permitted to give it in evidence. And
II Inc damages assessed in his favor
shall not exceed the sum mentioned in
the otter, the defendant shall recover his
expenses incurred in consequence of any
necessary preparation or defence in re-.
spect to the question of damages. Such
expense shall be ascertained at the trial.
CHAPTER v.
ADMISSION OR INSPECTION OF WRITINGS.
SECTION 405. Either party may exhi
bit to the other, or to his attorney. at
any time before the trial, any paper ma
terlal to the action, and request an ad
mission IN writing of its genuineness. If
the adverse party, or his attorney, fail
to give the admission, within four days
after the request, and if the party exhi-
biting the paper be afterwards put to
expense in order to prove its genuine
ness, and the same be finally proved or
admitted on the trial, such expense, to
be ascertaned at the trial, shall be paid
by the party refusing the admission, un
less 1t appear to the satisfaction of the
court that there were good reasons for
the refusal The court before which an
action il pending, or Judge or Justice
thereof. may, in their discretion, and
upon due notice order either party to give
to.the other, within specified time, an
inspection and copy. or permission to
take copy. of any books, papers, and
documents in his possession or under his
control, containing evidence relating to
the merits Of the action or the defence
therein. II compliance with the order
be refused, the court, on motion, may
exclude the paper from being given in
evidence, or punish the party refusing,
or both.
CHAPTER VI.
EXAMINATION OF PARTIES
SECTION 406 Action for discovery abo.
lished.
SEC 407. A party may examine his
adversary rs witness.
SEC. 408. Such examination also al
lowed before trial. Proceeding there
for.
Sec. 400. Party, how compelled to
attend.
SEC 40. Testimony of party may be
SFc AT Efcaot &c roe,..I l.