The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-05
CODE OF PR0CEDuRE..Continned

STATUTE, II the debt or damages claimed
DO not exceed one hundred dollars.
D.. AN action upon bond conditioned
tor tho payment of money, not exceed
ing one hundred dollars, though the
penalty exceed that sum, the Judgment
to be given for the sum actually due.
Where the payments are to be made by
instalments, an action may DO brought
Tor each 1nstalment as it becomes due.
y. An action upon surety bond taken
by them, where tho penalty or amount
dollars.
Z. An action upon judgment render
ed in Court of Trial Justice or an in
ferior Court in city where such action
is not prohibited by Section ninety.four
8. 10 take and enter judgment on the
confession of Defendant, where the
amount confessed shall not exceed one
hundred dollars, in the manner pre-
scribed by law.
y. An action for damages, fraud in the
sale, purchase or exchange of personal
property, if the damages claimed do not
exceed ono hundred dollars.
lO. An action to recover the possession
OF personal property claimed, the value
of which, as stated in the affidavit of the
plaintiff, his agent or attorney, shall not
exceed the sum of one hundred dollars.
The plaintiff i'll such action, at time of
issuing the summons, but not afterwards,
may claim the immediate delivery of such
property rs hereinafter provided.
Before any process shall DO issued in
an action to recover tho possession of
personal property, the Plaintiff, his
agent or attorney, shall make proof by
affidavit, showing:
l. That the Plaintiff is the owner, or
extitled to immediate possession, of the
property claimed, particularly describing
the same.
g. That such property is wrongfully
withheld or detained by the defendant.
8. The cause Of such detention or
withholding thereof, according to the
best knowledge, information and belief
OF the person making the affidavit
L.. That said personal property has
not been taken for any tax fine or assess
ment, pursuant to statute or seized by
virtue of IN execution or attachment
against the property Of said plaintiff; or
II so seized, that it is exempt from such
seizure by statute.
5. The actual value Of said personal
property.
On receipt of such affidavit, and an
undertaking, in writing, executed by
one or more sufficient sureties, to be an
proved by the Trial Justice before whom
such action is commenced, to the effect
that they are bound in double the value
OF such property as stated in said aflida-
Wit. for the prosecution of said action.
and for the return of said property to
the Defendant, if return thereof be ad-
judged, and for the payment to him of
such sum as may for any cause be reco-
vered against said Plaintiff, the Trial
Justice shall endorse upon said affidavit
a direction to any Constable of the
County in which said Trial Justice
shall reside. requiring said Constable to
take the property described there
in from the Defendant and keep
the same, to be disposed of according
to law; and the said Trial Justice shall
ut the same time issue summons direct
ed to the Defendant and requiring him
to appear before said Trial Justice ut a
time and place to be therein specified.
and not more than twelve DAYS from tho
date thereof, to answer the complaint OF
said Plaintiff; aud tho said summons
shall contain a notice to the Defendant
that, in case he shall fail to appear at the
time and place therein mentioned. the
Plaintiff will have judgment for the pos.
session Of the property described in said
affidavit, with the costs and disburse-
ments Of said action.
The constable to whom said affidavit
endorsement and summons shall be deli
yered, shall forthwith take the property
described in said affidavit, if he can find
the same. and shall keep the same in his
custody. He shall thercupon, without
delay, serve upon said defendant copy
OF such affidavit, notice and summons,
by delivering the same to him personal
ly, if he can be found in said County; if
not found, to the agent of the defendant
in whose possession said property shall
he found; if neither can be found, by
leaving such copies ut the last or usual
place of abode of the defendant, with
some person of suitable nge and discre.
ton. And shall forthwith make return
of his proceedings thereon, and the
manner of serving the same to The Trial
Justice who issued the said summons
The defendant may at any time after
such service, and ut least two days before
the return day Of said summons, serve
upon plaintiff or upon the constable who
made such service, notice in writing
that he eXcepts to the sureties in said