Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1874-05-21
Sputh Garplina gaws.
AMENDMENTS TO THE CODE.

AMENDMENTS TO THE CODE.
An Act to Alter and Amend the Code of Proce
dure, being title s. part 3, of the General Stat
utes.
Section 1. Be it enacted by the Senate ane
House of Representatives of the State o
South Carolina, now met and sitting in Gen
eral Assembly and by authority of the same
That the Code of Procedure, being title fiv'
| (5,) part 3, Of the General Statutes, be ant
the same is hereby, amended in the severa
sections thereof as is hereinafter provided:
In section eleven, strike out sub division one
CD and insert the following in place thereof
"Q) Any intermediate Judgment, order OF
decree involving the merits in actions com
menced in the Courts of Common Pleas ant
General Sessions, brought there by origna
process or removed there from any inferior
court or jurisdiction, and final judgments ii
such actions: Provided that, if no appea
until final Judgment is entered, the court may
upon appeal from such final judgments, re
view any intermediate order or decree neccs
sarily affecting the judgment not before ap
pealed FROM"
In subdivision two (2) Of the same section
after the word trial." in the fourth line, in
sert the following words: "Or when such or
der strikes out all answer, or any part thereof
or any pleading in an action"
Sec 2. Add to section torty.one the follow
ing words: "And whenever it shall appear te
the satisfaction Of any judge of probate thai
the personal estate of any person deceased is
insufficient for the payment of his debts, and
all persons interested in such estate being
first summoned before him, and showing nc
cause to the contrary, such judge of probate
shall have power to order the sale of the real
estate of such person deceased, or of so much
thereof as may be necessary for the payment
of the debts of such deceased person, upon
such terms and in such manner as he may
think best may grant orders of Injunction tc
stay actions or proceedings against the execu
tors or administrators of such deceased person
and such other orders as may be necessary tc
secure the marshaling and administering the
assets Of such deceased person. All proceed
ings under this section to be by summons and
complaint, wherein the time for answering
manner of service, ETC., shall conform as near
ly as may be to the form and practice in the
Courts of Common Pleas of this State"
Sec. 3. In section ffty-two strike out thu
words "6rst section" in line one, and insert
in place thereof the words "thirty-6fth sec
tion;" and in section ffty-seven strike out thf
words "clerk's Office" in the fifth line, and in
sert in place thereof the words "office of the
Probate Court"
Sec. 4. Strike out section fifty-eight (5S).
Sec. 5. Strike out subdivision four "a O
section eighty-one.
Sec 6. In section ninety-one add the fol
lowing words as subdivision sixteen: "Whert
more than twenty-five dollars is demanded il
a complaint, the same shall be served on tht
defendant twenty days, and where less thar
that sum is demanded, five days before tht
day therein fixed for trial. Provided, That i
the plaintiff shall make oath that he is appre
hensive of losing his debt by such delay, anc
the trial justice considers that there is goot
reason therefor (the grounds of such appre
hension being set forth in an affidavit, anc
served with copy Of the complaint), be may
make such process returnable in such time a.
the justice of the semay require.
Sec T. In section ninety y-eight (98,) strike
out the words "forty years" where they occur
in the fourth and eight lines, and insert il
place thereof, the words twenty years )" anc
in sections one hundred (10O,) one hundred
and one (101,) one hundred and two (1O2,,
one hundred and three (103,) one hundred
and four 104) one hundred and FIVE (105,,
and one hundred and nine (109,) strike ou
the words twenty years" wherever they oc
cur, and insert the words "ten years" in the
place thereof In section one hundred and
eleven (111,) strike out the words "twenty
years." on the twelfth line, and insert the
words "tcn years in place thereof and on the
same line strike out the word "ten," and in
sert "fve" in place thereof.
Sec. 8. In section one hundred and thirteen
add to subdivision two (2) the following
words: "Other than sealed notes and person
al bonds, for the payment of money only
whereof the period of limitation shall be the
same as prescribed in the following section:
Sec. 9. In section one hundred and fifty
seven, add to the subdivision four a, y the fol
lowing words: eff said defendant is resi-
dent Of the State, but is temporarily absent
therefrom, to any person over twenty-one
years of age, residing at the residence, or en-
ployed at the place of business of said absent
person.
Sec. 10. In section one hundred and fifty.
eight (158,) after the word "postofice," or
line thirty.two, add the following words: "Ir
cases of minors, who cannot be found within
the State, the like order for publication shall
be made and the summons published in q
newspaper, to be designated in the order. In
addition to the publication, so to be made, the
summons and complaint shall be personally
served by delivery of a copy'thereof to such
minor and if under the age Of fourteen years
also to his or her father, mother or guardian
or, if there be none such, at the place of his
or her residence, to any person having the
care and control Of such minor, or with whom
he or she shall reside, or in whose service he
or she shall be employed, unless it is made to
appear to the court or judge, that the place
Of residence is not known to the party making
the application, and cannot, with reasonable
diligence be ascertained by him. Proof Of
such personal service shall be made by aft
davit of the party delivering the copy, sum.
mons and complaint, properly authenticated. y
In case of persons imprisoned in the peniten
tiary, or in any jail of any county in this
State, and in case of lunatics confined in the
asylum, or other place of confinement, per,
sonal service Of the summons and complaint,
or other process affecting the rights of such
persons, shall be made by the sheriff of the
county in which such persons may be impris'
oned or confined, with the like proof of ser,
vice as required in case of minors and there
upon, the Judge of the court Or trial justice
before whom the action is to be tried, shall
appoint some attorney, or other competent
person, to act as guardian ad litem for the
persons so imprisoned or confined, who shall
receive out of the property of such persons a
reasonable compensation for services rendered