Year: 1868


be given by the proclamation Of the Governor


In the Senate House, the tventy-sixth day Of
September, in the year Of our Lord one thousand
eight hundred and si1ty-eight -..


LEMUEL BOOZER,


D.. President of the Senate.


FRANKLIN j. MOSES, Jr,


Speaker House of. Representatives.


Approved ROBERT Z. SCoTT, Governor.


AN ACT to define the regulate the practice
/ Probate Courts .'-.'-i' - i.-..-


L. Be It enacted by the Senate and House of
Representatives of the State Of South Carolina,
now met and sitting in General Assembly, and by
the authority of the same, pursuance Of Section
l2O of Article Nv of the Constitution, Court Of
Probate is hereby established in each Of the seve-
raj counties in the State, which shall hold session
on the first Monday of each month at or near the
courthouse, and continue thereafter 30 long as the
business may require. @ .:.r ...a' .... g.


II. The Court of Probate shall be court of re-
cord, and have seal, may appoint clerk, and
may remove him at pleasure, and on failure Of the
Court to appoint such clerk, the Judge Of the
Court may perform the duties of clerk.


III. The Clerk of the Court of Probate shall
keep true and fair record Of each order, sentence
and decree of the Court, and of all other things
proper to be recorded and on the legal fees being
paid, shall give true and attested copies Of the files
and proceedings of the Court All copies 30 at
tested shall be legal evidence in the Courts Of this
State. .f. ...-v.!.,ia... .... ,.s &c.. ...r


". Every Judge of Probate, in his county, shall
have jurisdiction in all matters testamentary and
of administration business appertaining to MI
nors and the allotment of dover, cases Of docy and
unacy and persons non con1pos m,ent's. p,
V. The Judge of Probate shall have jurisdiction
in relation to the appointment and removal OF
guardians, of minors, insane and idotic persons and
persons non conapos ments, and in relation to the
duties imposed by law on such guardians, and the
management and disposition of the estates Of their
wards He shall exercise original jurisdiction in
relation to trustees appointed by will in cases pre-
scribed by law .n..


vi. He may exercise jurisdiction of all petitions
for partition of real estate where no dispute exists
in relation to the title thereof and when the title
to such real estate is disputed, be shall refer the
same to the Circuit Court for adjudication unless
the parties shall consent to his determination Of
the same The probate of the will and the grant
ing of administration Of the estate Of any person
deceased shall belong to the Judge of Probate for
the county in which such person was last an inhab
liant; but if such person was not an inhabitant Of
this State, the same shall belong to the Judge Of
Probate in any county in which the greater part Of
his or her estate may be-


VII. All proceedings in relation to the settle
ment of the estate of any person deceased shall be
had in the Probate Court of the county in which
his will was proved, or administration Of his estate
was granted. ..


VIII All proceedings in relation to the proper
ty or estate of any person under guardianship shall
be had in the Court of Probate Of the county in
which the guardian was appointed.
| TX. No Judge of Probate shall act as suoh in
the settlement of any estate wherein he interested
as heir or egatee executor or administrator or as
guardian or trustee of any person: in every such
case the Judge of Probate of any adjoining county
shall have Jurisdiction, and it shall be his duty,
upon application, to attend at some term OF the
Court of Probate in which such case may be pend
ing which shall not interfere with the duties in
his own county, and hear and determine such case.
K. The Judge or Clerk of the Probate Court
shall have power to administer all oaths necessary
in the transaction of business before the Probate
Court and all oaths required by law to be admin
istered to persons executing trust under the ap-
pointment of said court.


XII. Probate Courts may issue all warrants and
processes in conformity to the rules Of law which
may be necessary to compel the attendance Of wit
nesses, or to carry into effect any order, sentence or
decree Of such courts, or the powers granted them
by law. ........
XII. fany person shallrefuse or neglect to per-
form any order, sentence or decree of Probate
Court such court may issue warrant, directed to
any Sheriff or Constable in the State, requiring
him to apprehend and imprison such person in the
common jail of the county and if there be no jail
of the county, then in the Jail Of the adjoining
county, until he shall perform such order, sentence
or decree, or be delivered by due course of law.
XIII. When witness whose testimony is ne
cessary to be used before any Probate Court shall
reside out of this State or more than thirty miles
from the place of holding COURT or by reason OF
age or bodily in6rmiy shall be unable to attend in
person, the court may issue commission to one or
more competent persons to take the testimony OF
such witness and depositions taken according to
the provisions of the law for taking dispositions, to
be used on the trial of civil causes, may be used on
the trial of any question before the Probate Court
where such testimony may be proper


XIV. When any Probate Court shall have tirst
taken cognzance Of the settlement Of the estate OF
deceased person, such Court have jurisdiction OF
the disposition and settlement of all the estate OF
such deceased person to the exclusion of all other
Probate Courts. .......---


XIV. The jurisdiction assumed by any Probate
Court in any case 50 far asst depends on the place
of residence or the location Of his estate, shall not
be contested in any suit or proceeding whatever,
except in an appeal from the Probate Court in the
original case, or when the want of jurisdiction ap'
pears on the record. -...@.


XVI. When by law guardian is required to
be appointed for a minor, who is Interested as heir
or egatee, or representative Of such heir or lega
tee, in any estate which is in course of settle,
ment, such guardian shall be appointed by the
Probate Court for which such estate is in course Of
settlement; but afterwards if the minor shall re,
side in another county, and is of the age of fourteen
years, be may choose and have guardian appoint,
ed in the county where he shall reside; and in that
case the powers of the first guardian shall cease.
In all other cases guardians shall be appointed
by the Probate Court of the county where the per,


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