The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-05

shall i,a Included in the costs of the suit.
Sec 81. But no Trial Justice shall
have cognizancc of civil action
l. In which the State is party, OK
ccpting for penalties not exceeding one
hundred dollars.
2. Nor where the title to real property
shall como in question.
3. Nor Of n civil a.tion for an assault,
battery, false i'm. risonment, libel, sland-
CIR, malicious pro. ecution, criminal con-
versation, or seduction; where the de-
IMAGES claimed exceed one hundred
dollars.
4. Nor of m action against an executor
or administrator rs such.
SEC. 81. In every action brought in
Court of Trial Justice, s1here the title to
real property shall come n question, the
Defendant may, either with or without
other matter of defence, set forth in his
answer any matter showing that such
titlo will come in question. Such answer
shall be in writing, signed by the De-
fendant or his attorney, and delivered to
the Trial Justice. The Trial Justice shall
thercupon contersign the same, and de-
liver it to tho Plaintiff.
Sec. 83. At the time of answering
the Defendant shall deliver to the Trial
Justic: written undertaking, executed
by at least ono sufficient surety, and
approved by the Trial Justice, to the
ct ct that if the Plaintiff shall, within
twenty days thereafter, deposit with the
Trial Justice summons and complaint
in an action in the Circuit Court for the
same cause. the Defendant will, within
twenty days after such deposit, give an
admission in writing of the service thereof.
Where the Defendant was arrested in
the action before the Trial Justice, the
undertaking shall further provide, that
he will, ut all times, render himself
amenable to the process of tho Court
during tho pending of the action, and to
such ns may be issued to enforce the
judgment therein. In case Of failure to
comply with the undertaking, the surety
shall be liable not exceeding one hundred
dollars.
SEC. 81. Upon the delivery of the un-
dertaking to the Trial Justice, tho action
before him shall be discontinued, and
each party shall pay his own costs.
The costs SO paid by either party shall
be allowed 10 him if he recover costs
in the action to be brought for the
same cause in tho Circuit Court. If no
such action be brought within thirty
days after the delivery Of tho un-
dertaking. the defendants costs before
the Trial Justice may be recovered of the
Plaintiff.
SEE So. Ii the undertaking be not de-
livered to the Trial Justice, he shall have
jurisdiction Of the cause, and shall pro-
ceed therein; and the defendant shall be
precluded, in his defence, from drawing
the title in question.
SEC. sc. Ii, however, it appear on the
trial, from the plaintiffs own showing,
Tat the title to real property is in qucs.
tion. and such title shall be disputed by
the defendant, the Trial Justice shall
dismiss the action and render Judgment
against the Plaintiff for the costs
SEC. 81. When d suit before Trial
Justice shall be discontinued by the de-
livery OF al answer and undertaking, as
provided in Sections eighty-two, eighty
three, eighty-four, the Plaintiff may pro-
secnte an action for the same cause in the
Circuit Court, and shall complain for the
same cause of action only on which he
relied before the Trial Justice; and the
answer of the Defendant shall set up the
same defence onl y which he made before
the Trial Justice
SEC SIS. II the judgment in the Cir
cult Court be for the Plaintiff, ho shall
iSSoNei C'SISj III IL DC LOT The DC1eDQlnt,
lie shall recover costs, except that upon
n verdict he shall pay costs to the Plain
tiff. unless the Judge certify that The title
to real property came in question on the
trial
SEC. 50. If, in an action before o Trial
Justice, the Plaintiff have several causes
OF action, to one of which the defence
Of title to real property shall be inter-
posed, and rs to such cause the Defend
ant shall deliver and answer IN undertak-
ing, us provided jn Sections eighty two
and eighty-three, and the Trial Justice
shall discontinue the proceedings rs to
that cause. and the Plaintiff may COM
mcncc another action therefor in the
Circuit Court. AS to the other causes Of
action, the Trial Justice may continue
his proceedings
SEC. 90. a Trial Jnsticc, on the de-
mand OF party in whose favor he shall
have rendered judgment, shall give u
transcript thereof, which may he filed
and docketcd in the Office of the Clerk
OF the County where the Judgment was
rendered The time of tho receipt Of
the transcript by the Clerk shall DO noted
thereon and entered in the docket; and
from that time the illpment shall be q