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

SEC a. The Judge or Clerk of the
Probate Court shall have power to ad-
minister oil oaths necessary in the trans
action Of business before the Probate
Court, and all oaths required by law to
be administered to persons executing
trust under tho appointment of said
Court
SEC. 45. Probate Courts may issue all
warrants and processes, in conformity to
tho rules of law, which may be necessary
10 compel the attendance of witnesses, or
to carry into effect any order, sentence
or decree of such Courts, or the powers
granted them by law.
SEC 4G. If any person shall refuse or
neglect to perform any order, sentence
or decree Of Probate Court, such Court
mny issue warrant, directed to any
Sheriff or Constable in the State, requir-
ing him to apprehend and imprison such
person in the common Jail of the Coun-
ty; and if there be no jail Of the County,
then in the Jail of the adjoining County,
until he shall perform such order, SEN
tcnce or decree, or be delivered by due
course of law.
SEC AZ. When witness whose testi-
mony is necessary to be used before any
Probate Court shall reside out of this
State. Tor moro than thirty miles from
the place of holding Court,) or by reason
of ago or bodily infrmity shall be una
Dle to attend in person, the Court may
issue commission to one or moro COM
petent persons to take tho testimony of
such witness; and depositions taken ac-
cording to the provisions of tho law for
taking dispositions to be usod on the
trial OF civil causes may be used on the
trial OF any question before the Probate
Court where such testimony may bo
proper.
SEC: 49. When any Probate Court shall
have first taken cognizanco of the settle
ment OF tho estate of deceased person,
such Court shall have Jurisdiction of tho
disposition and settlement of all the es-
tate of such deceased person to the ex-
clnsion of all other Probate Courts.
SEC. 40. Tho jurisdiction assumed by
any Probate Court in any case, SO far as
1T depends on the place of residence or
the location of his estate, shall not be
contested III any suit or proceeding
whatever, except in m appeal from the
Probate Court in the original case, or
when the want of jurisdiction appears on
the record.
SEC. so. When, by law, guardian is
required to be appointed of minor,
who is interested as heir or leQatee. or
representative of such heir or legatce, in
any estate which is in course of settle
mont, such guardian shall be appointed
by the Probate Court before Which snch
estate is In course of settlement; but
afterwards, If the minor shall reside in
another County. and is of the age of
fourteen years, he may choose aud have
IL guardian appointed in tho County
where he shall reside: aud in that case
the powers of the first guardian shall
cease. In NIL other cases guardians shall
be appointed by the Probate Court
OF the County where the persons for
whom the guardian shall be appointed
shall reside
SEC. 81. The Probate Court, by which
a guardian shall be appointed. shall have
jurisdiction Of the estate of the ward,
ard shall be alone authorized to permit
the sale OF such estate, and settle such
guardian's accounts
SEC. 02. Except rs provided in the
first Section, the Probate Court in each
County shall appoint such times and
places for holding Courts us shall be
Judged most convenient for all persons
interested, and shall give notice of such
times and places in one or more news
papers circulating in the County
SEC. SO. The Probnte Court shall be
deemed open ut MI times for the trans
action OF ordinary business which may
DC necessary. when previous notice is
not required to be given to the persons
Interested.
Sec. 81. A Probate Court may bo al
journcd as occasion may require; and
when the Judge is absent ut the time for
holding Court the Clerk may adjourn
, it.
SEC. 55. The Circuit Court shall have
} appellate jurisdiction of all matters ori.
: ginally within the jurisdiction Of the
Probate Court
SEC. sc. The Supreme Court shall
have jurisdiction of Ill questions of law
| arising i'll the course of tho proceedings
! OF the Circuit Court. in probate matters,
III the same mnnner us provided by law
, III other cases.
, SEC. 81. Any person iutcres ed in an y
hnal ordor, sentence or decree of any
Probate Court, and considering himself
injured thereby, may appeal tlirrefrom
to the Circuit Court iu tho slime County
! at the stated session next after such Nd
peal, and such appeal shall be granted by
the, Probate Court, if application bt
IL ~