The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-03

error was committed in granting the
new trial, they shall render judg dgment
absolute upon tho right of the appellant;
and after tho proceedings are remitted
to the Court from which the appeal was
taken, an assessment of damages or other
proceedings, to render Judgment efrectu-
oil, may be then and there had in cases
where such subsequent proceedings arc
requisite.
3. "A final order affecting substantial
right made in special proceeding, or
upon summary application in an ac-
ton after judgment, and upon such ap-
peal to review any intermediate order
involving the merits, and necessarily
affecting tho order appealed from.
SEC. ~. The Supreme Court may re-
verse, affirm OF modify the judgment, de-
cree or order appealed from, in whole or
IN part and as to any or I'LL of the par-
ties; and its judgment shall be RENTED
cording to law.
Sec. 13. The Supreme Court shall
hold annually, at the seat of government,
two sessions, the one commencing on
tho fourth Tuesday of November, and
the other the first Tuesday of April; and
each OF said terms shall be continued for
SO long q period rs tho public interest
may require.
Additional terms may bo appointed
and hel't at such times and places rs the
Court may direct, when the public inter-
est requires it. The Court may, by
general rules, provide what causes shall
have preference on the calendar. On
n second and each subsequent appeal to
the Supreme Court, or when an appeal
has once been dismissed for defect or
irregularity, the cause shall be placed
upon the calendar us of the time of fling
the first appeal, aud may be noticed and
put on the calendar for any succeeding
term; and whenever, in any action or
proceeding in which the State, or any
State officer, Oh any Board of State Of
1cers, is or are sole Plaintiff or Defcn-
dant, an appeal has been, or shall be,
brought up from any judgment or order
for or against him or them, in any
Court, such appeal shall have preference
In the Supreme Court, and may be
moved by either party out of the order
on the calendar.
SEC. Il. The concurrence of two Judges
Is Is necessary to pronounce judgment.
II two do not concur. the caso must be
reheard. But no more than two rehear-
ings shall be had; aud if, on tie second
rehearing. two Judges do not concur. the
judgment shall be affirmed.
When two Of the Judges do not con
cur, and rehearing of the case is or
dered, the Judges shall file the opinions
read by them with the Reporter of the
Court. but such opinions shall not be
published. No person other than the
Judges of the Court, the Reporter of the
Court, or the counsel or attorney Of
either OF the parties to the action. sbalI
have access to. or q copy of the said
opinions, but such counsel or attorney
may have access to and n copy thereof.
SEC. 10. Ii, at a term of the Supreme
Court, proper and convenient rooms,
both for the consultation of the judges
and the holding of the Court, with furni-
ture, attendants, fuel, lights and sta
tionery. suitable and sufficient for the
transaction of its business, be not pro-
yided for in The place where by law the
Court may DO held, the Court may order
the Sheriff of the County to make such
provision, and the expense incurred by
him III carrying tho order into effect
shall be County CHARGE
SEC. 16 The Supreme Court NAV be
held IN other buildings than those de-
signated by law as places for holding
Courts, and at different place, in the
snmc city or town from that at which it
Is appointed to be held. Any one or
more OF the Judges may adjourn the
Court with the like effect rs if all were
present.