The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1873-12-25
Important Information.


; the Governor on the 25th of November, 1873
some very material changes have been made ir
the Code of Procedure of this State, the most
important of which We note below:
l. The jurisdiction of the Supreme Court tC
review upon appeal has been amended As fol-
lows:
First. By striking out subdivision Of Sec
ton II and inserting the following: Any inter
mediate order or decree involving the merits Ol
actions commenced in the Courts OF Common
Pleas and General Sessions, brought there by
original process or removed there from an In.
fcrior Court or Jurisdiction and final judgments
in such actions, provided if no appeal be taken
until final judgment is entered, the Court may
upon appeal from such final judgment revive
any intermediate order or decree affecting the
judgment not before appealed from.
Second. By inserting in subdivision OF
same section, after word "tra" in the fourth
line the words cor when such order strikes out
an answer or any parts thereof, or any pleading
in any action"
2. In cases where the personal estate of
deceased person is insufficient to pay debts,
power is given to Judges of Probate, all per-
sons Interested being first summoned, to order
Judges of Probate are also given the right to
make all such orders as may he necessary to
secure the marshaHing and administering the
assets of deceased PERSONS
g. Trial Justices are given jurisdiction in
civil actions against executions and admins
trations, where the sum in controversy does not
exceed Sl00, and does not involve the title to
real estate. In courts Of trial justices where
more than S25 is demanded in the complaint,
the same must be served on the defendant
twenty DAYS before trial, and when less than
that sum is demanded he is allowed five days
to answer. In cases, however, where the plain
! tiff makes affidavit that he is apprehensiye of
losing his debt by such delay, the time for an
swcring may be shortened in the discretion Of
the court.
4. In actions for the recovery of real proper
ty, seizure within ten years is made necessary,
instead of seizure within twenty years.
5. Subdivision 4, Section l57, is amended
by adding the following: If said defendant is
a resident of the State but is temporarily alb
sent therefrom to any person over twenty-one
years of age, residing at the residence or en-
ployed at the place of business of such absent
person. In cases of president infant defen-
dants, personal service is made necessary, IN
addition to the publication and publication
hereafter need only be made in one newspaper.
6. In issues of both law and fact, the issues
shall be tried together, unless the court other
wise directs.
7. The plaintiff in litigated cases must,
within fourteen days before the court file, in
the clerks office, the summons and complaint
in the cause, endorsing thereon the nature OF
the issue and the number of the docket; fail
ing so to do the defendant may file copies OF
such papers, with like endorsement, and no
further notice of trial is necessary.
8. Final judgments hereafter entered in any
court of record in this State shall constitute i
lien on all The real property of the judgment
debtor in the county where tie same are enter
ed, for period of ten years from the date of
such Judgment Where judgments have been
obtained and entered since March !, 1870,
like lien may be created by the service of a
summons on the judgment deotor, or, if dead,
his legal representative to show cause (if any
he cam at the next ensuing term of the court
wLy said Judgment should not be declared
lien on all his real property, and if no sufi-
cient cause be shown, such judgment shall be
and become lieu on all the real property Of
the Judgment debtor in the county where en-
tered, for ten years from the date of filing Of
such summons, with proof of service thereof,
in the office of the clerk of court. Where
| judgments have become liens by execution the
| lien of such judgment shall date from the day
| it became lien under the code.
9. Executions against personal property are
| liens for four months from day Of levy, and
may be renewed, and are returnable according
| to law"
10. Sherifs are required at each regular term
of the court to make under oath an account of
their actings and doings under each execution.
IL. Hereafter no judgment can be obtained
| except in term time and in open court. The
clerk must keep new docket, in which he
must place all cases in which there is no de-
fence ard judgment in such cases can only be
obtained on an order from the presiding judge
in term time and in open court.
r. The costs of attorneys are reduced as
follows: l. To the plaintiff, for all proceed
inps where Judgment is obtained by default,
SIS. Trial issue of fact, $50. Trial issue of
law, SIS. 2. To the defendant, where judg-
ment is found for defendant the same costs as
are allowed to plaintiff. g. 10 either party, in
all continued cases. SIS. Admission to take
testimony, Sl0 Determination of party before
trial, S. Appointment of a guardian, $40.
Making and serving case, &C., $40. Order of
injunction, IS. 4. TO either party, on appeal
to the Supreme Court, $50. Argument, $50.
This does not apply to suits existing and
going on at the time of the passage of this act:
l3. Actions on sealed notes and personal
bonds for the payment of money only must be
commenced within six years from date of ma
turity.
IL. Section 357 of the Code is amended as
follows: The appeal 10 the Supreme Court un-
der subdivision of Section II of this Code
must be taken within sixty days after written
notice of the order shall have been given to
the party appealing; every other appeal al
lowed by the ID chapter of this title must be
taken within three months after the judgment
shall be perfected by the filing Of the Judgment
roll.
No rule or order of any court or judge shall
require the printing of any brief, report or
other paper connected with appeals by any
party to an action or proceeding who makes an
affidavit. to be filed with the clerk of the Su-
prcme Court, that he or she is unable to pay
for such printing.-aiken Tribune.
- Ladies who find pleasure in window gar
dening may be rcconclcd to the smoking hab-