The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-16

issues
SEC 272. Issue Of law.
SEC. 213. Issue Of fact.
SEC 274. On Issues of both law and
TACT. The issue Of law to be first tried.
SEC. 275. Trial defined.
SEC. 27G. Issues. How tried.
SEC. 277. Issues triablo by the Court.
SEC. 27S. Either party may give notice
of trial. Noto Of issue.
SEC. 210. Stenographer TO be ap-
pointed by the several Circuits. To take
stenographic notes.
SEC. $50. Duty Of stenographer.
SEC. Isl. Order Of disposing of issues
on the calendar.
SEC. I'll. Issues arise upon the plead
lngs when fact or conclusion of law is
maintained by the one party and contro
vcrted by the other. They arc of two
kinds:
1. Of law; and,
2. OF fact
SEC. PIP. An issue of law arises:
1. Upon demurrer to the complaint,
answer or reply, or to some part thereof.
SEC. 273. an issue Of fact arises;
L. Upon material allegation in the
complaint controvcrtcl Ivy tho answer; :;
or,
2. Upon ncw matter in the answer con
trovcrted by the reply; or,
j. Upon new matter in The reply.
except an issue Of law is Joined thereon.
SEC. 21t. Issues, both Of law and Of
fact, may arise upon different parts of
the plcadings in the same action. In
such cases, tho issues Of law must be
first tried, unless the Court otherwise
direct.
SEC. 20. y trial is the judicial cxami-
nation OF the issues between the parties.
whether they be issues of law or Of
fact.
SEC. 27G. An issue Of law must be tried
by the Court, unless it be referred. as
provided in Sections two hundred md
ninety-four and two hundred and ninety
five. AN ISSUE Of fact, in an action for
the recovery OF money only, or Of spe-
citic real or personal property, or for n
divorce from the marriage contract on
tho ground Of adultery, must be tried
by jury, unless Il jury trial he waived,
as provided in Section two hundred and
ninety, or reference be ordered, rs pro
v;ded III Sections two hundred and
ninety-four and two hundred and ninety
five.
Sec. 277. Every other issue is triable
ny the Conrt, which, however, may or
der the whole ISSUE or any specific ques-
ton of fact involved therein, to be fried
by jury, or may refer it, rs provided
IN Sections two hundred and ninety -four
and two hundred and nincty-fve.
SEC. 21S. at any time after issue, and
at least fourteen days before the Court,
either party may give notice of trial.
Inc party giving the notice shall furnish
the clerk, ut least eight days before the
court, with note of the issue contain.
ing the title Of the action, the names of
the attorneys, aid the time when the
last pleading was served, and the clerk
shall thcreupon enter tho cause upon
the calendar, according to the date Of
tho issue. There need be but one no.
tice of trial, and one note of issue from
either party, and the action shall then
remain on the calendar until disposed
of, and when called may be brought to
trial by the party giving the notice. In
every action in which issue of TACT is now
joined. and the action is now placed
upon the calendar of the Court of Com
mon Pleas, of the first. second and
fifth circuits, the party who shall have
filed such note of issue, shall, as q con
dition precedent to such action being
brought to trial, pay to the Clerk of the
Court tho sum Of three dollars; and in
every action III either Of the said courts.
commenced after the passage of this Act,
the party who shall file therein first
note of issue of fact, shall, rs n condi-
ton precedent to such filing, pay to the
Clerk of the Court the sun Of three
dollars; and the amounts 50 received
shall be accounted for under oath, and
paid over monthly. by the Clerk Of each OF
said Courts, to the County Treasurer, to be
used as fund for the payment Of the
salaries OF stcnograpIicrs employed in
Courts If the fund thus created be in
adequate to pay such salaries, the addi-
tonal amount necessary for such pay
mcnt shall be paid by the County Trea
surcrs Of the several Counties in the Cir
cnit out of any moneys raised for County
purposes, and in proportion to The valui.-
ton for taxation OF their respective
Counties. The several County Auditors
III SAID Circuits shall furnish the Circuit
Solicitor, on demand, q certificate of the
amount Of taxable property in their re-
spectlve Counties, upon which he shall
apportion to said Counties tho several
sums to be paid by them to tie stcno-
grapher, which sums shall be paid upon
the order of tho Solicitor, approved by
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