The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-04

SEC. GO. The person appealing shall
procure and file in the Circuit Court to
which such appeal is granted o certified
copy Of the record Of the proceedings
appealed from, of the application and
grounds for the appeal filed in the Pro
bate Court, and Of the allowance of the
same, together with the proper evidence
that notice has been given to the adverse
party according to law.
SEC. 81. When an appeal, accordingto
law, is allowed by the Probate Court, all
proceedings in pursuance of the order,
sentence CT decree appealed from shall
| cease until the judgment ef tho Circuit
or Supreme Court is had; but if tho
before tho entry thereof, proceedings
may be had in the Probate Court, as if
no appeal had been taken.
SEC. 62. When such certified COPY
shall have been filed in tho Circuit Court
such court shall proceed to the trial and
determination of the question according
to the rules Of law; and if there shall be
any question of fact or title to land to be
decided, issue may be Joined thereon
under the direction of the court, and q
trial thereof had by jury.
SEC. G3. The Circuit Court or Su-
preme Court, as the case may be, may
tax costs for the party who shall prevail;
or when, in the opinion of the court, Just
ice shall require it, the court may deny
such costs, and may tax costs for eithor
party; and if costs be taxed against an
executor or administrator, the same shall
be allowed to him in his administration
account.
Sec. 64. If the person appealing from
tho proceedings CT the Probate Court,
rs provided in this Act, shall neglect to
enter his appeal, the Circuit Court to
which such appeal shall be taken, on mo-
ton, and producing attested copies Of
such appeal by the adverse party, shall
affirm the proceedings appealed from,
and may allow costs against the appel
liant.
SEC G5. The final decision and judg-
ment in cases appealed, rs hereinbefore
provided, shall be certified to the Pro-
bate Court by the Circuit Court or Su-
prone Court, rs the case may be, and the
same proceedings shall be had in the
Probate Court, as though such de-
clsion had been made in such Probate
Court
Sec. GG. No Judge of any Probate
Court shall be admitted to have any
voice in judging or determining any np-
peal from his decision, or be permitted
to act as attorney or counsel thereon, or
receive fees rs counsel in any matter
pending in the Probate Court of which
he is Judge: Provided, it shall be lawful
for Judges of Probate to practice law in
other courts in such cases as nre not cog
nizable in court of probate
SEC. CT. All proceedings in the Court
of Probate shall be commenced by peti-
tion to the Judge of Probate for the
County 10 whom the jurisdiction of the
subject matter belongs, briefly set
ting forth the facts or grounds of the ap-
plication.
SEC. Cs. The Supreme Court may,
| from time to time, make rules regulating 9
the practice aud conducting the business
in the Courts of Probate, in all cases not
expressly provided for by law.
| SEC, GO. The County Commissioners
OF each County shall provide all books
necessary for keeping the records, also,
II seal and necessary Office furniture.
Provided said furniture shall not cx-
ceeu i'll cost the sum of one hundred dol
lars
SEC. 10. This Judge may keep order in
Court. and punish any contempt of his
authority III like manner as such con.
tempt might be punished in the Circuit
or Supreme Court.
SEC. II. When costs urc awarded to
be paid by Que pnrty to the other, in the
Courts Of Probate, said Courts may issue
execution therefor, in like manner as is
pructiccd in the Courts OF common law
and when 40 form for warrant or pro.
cess is prescribed by statute or rules OF
| Court, he shall frame one in conformity
to the rules of law, and the usual course
Of proceedings in this Stnte ANY
Sheriff Or Constable in the State shall
execute the order Or processes of said
Court, Ill the same manuer as the orders
or processes OF til" Circuit or Supreme
Courts.
SEC. II. Tho Judge OF the Probate
Cour! may commit to the Lunutic Asy.
luin "uy IDIOT. lunstic or person nan cam,
pos msnHs. "ho, il his opinion, is so fu
ri"usly mad Us to render it manifes,ly
dangerous to tue peace and safety of the
community TINT he or she should be ut
large; snd also in all such other cases
provided by law. In all case, the Judge
shnll certify i'll what place the said per.
son or persons resided at the time Of the
commitment, and snch certificate shall
be conclusive evidence Of such resi-.