Year: 1868




at the time for holding Court the clerk may ad.
journ it. -.-..


XXI. The Circuit Court shall have appellate
jurisdiction of all matters originally within the ju-
risdiction Of the Probate Court


XXI. The Supreme Court shall have jurisdc-
ton of all questions of law arising in the course Of
the proceedings of the Circuit Court, in probate
matters, in the same manner as provided by lawin
other cases.


XIII. Any person interested in any order,
sentence or decree of any Probate Court, and con-
sidering himselfinjured thereby, mayappeal there
from to the Circuit Court in the same county, at
the stated session next after such appeal shall be
granted by the Probate Court, if application be
made and filed in the clerk 'ss5hce within fifteen
days from the date of the decision applied from.
XIV. In all cases ofappeal from the proceed.
ings Of the Probate Court before such appeal shall
be allowed, the person appealing shall give bond
to the satisfaction of the Probate Court, with a
condition that he shall prosecute such appeal to ef
feet, and pay all intervening damages and costs
occasioned by such appeal. 4


XIV. In all cases of appeal the appellant shall
file in the Probate Office his grounds Of appeal, and
cause copy thereof to be served on the adverse
party at least twelve days before the time when the
appeal is to be entered in the Circuit Court.


XVI: The person appealing shall procure and
file in the Circuit Court to which such appeal is
granted, certified COPY of the record Of the pro-
ceedings appealed from, of the application and
grounds for the appeal fled in the Probate Court,
and Of the allowance of the same, together with
the proper evidence that notice has been given to
the adverse party according to law.


XVII. When an appeal, according to law, is
allowed by the Probate Court all proceedings in
pursuance Of the order, sentence or decree appeal
ed from shall cease until the judgment Of the Cir
cult or Supreme Court is had; but if the appellant
in writing, valves his appeal before the entry there
of, proceedings may be had in the Probate Court
as if no appeal had been taken.


'a XVIII. When such certified copy shall have
been fled in the Circuit Court, such Court shall
proceed to the trial and determination Of the ques-
ton according to the rules Of law and if there
shall be any question Of fact or title to land to be
decided, issue may be joined thereon under direc-
ton of the Court, and trial thereof had by jury.


xxx. The Circuit Court or Supreme Court,
as the case may be may tax costs for the party who
shall prevail, or when, in the opinion Of the Court
justice shall require it, the Court may deny such
costs, and may tax costs for either party; and if
costs be taxed against executor or administrator
the same shall be allowed to him in his admnistra
ton account. .'. ~ arr .i' 20 ..'' go


Xxx. If the person appealing from the pro-
ceedings Of the Probate Court as provided in this
Act, shall neglect to enter his appeal, the Circuit
Court to which such appeal shall be taken, on mo-
ton, and producing attested copies of such appeal
by the adverse party, shall affirm the proceedings
appealed from, and may allow costs against the ap-
pellant. , ",..' n'a.". "..


. XXI. The final decision and judgment in
cases appealed, as hereinbefore provided, shall be
certified to the Probate Court by the Circuit Court
or Supreme Court, as the case may be, and the
same proceedings shall be had in the Probate Court
as though such decision had been made in such
Probate Court.


XXXII. No Judge of any Probate Court shall
be admitted to have any voice in judging or de-
termining any appeal from his decision, or be per-
mtted to act as attorney or counsel thereon, or re-
ceive fees as counsel in any matter pending in the
Probate Court of which he is Judge: Provided,
it shall be lawful for Judges Of Probate to practice
law in other Courts in such cases as are not cogni
Fable in Courts of Probate.


XXXIH. All proceedings in the Court of Pro-
bate shall be commenced by petition to the Judge
of Probate for the county to whom the jurisdiction
Of the subject matter belongs briefly setting forth
the facts or grounds of the application.


XXXIV. The Supreme Court may, from time
to time, make rules regulating the practice and
conducting the business in the Courts of Probate in
all cases not expressly provided for by law.


XXXV. The County Commissioners of each
county shall provide all books necessary for keep
ing the records, and all printed blanks and station
cry used in proceedings in the Courts of Probate;
also, seal and necessary Office furniture.
XXXVI.: The Judge may keep order in Court,
and punish any contempt of his authority in like
manner as such contempt might be punished in the
Circuit or Supreme Court.


,XXXVu. When costs are awarded, to be paid
by one party to the other, in the Courts of Pro-
bate, said courts may issue execution therefor in
like manner as is practced in the courts of common
law ; and when no form for warrant or process is
prescribed by statute or rules of court, he shall


frame one in conformity to the rules of law, and the
usual course of proceedings in this State. Any
sheriff or constable in the State shall execute the
orders or processes of said court in the same man.
ner as the orders or processes of the Circuit or Su
preme Courts


XXXVIIL. The Judge of the Probate Court
may commit to the Lunatic Asylum any idiot, lu-
natic, or person non conpos n,enhs, who in his o.
pinion, is so furiously mad as to render it mani
festly dangerous to the peace and safety Of the
community that he or she should be at large; and
also, in all such other cases provided by law. In
all cases the Judge shall certify in what place the
said person or persons resided at the time Of the
commitment, and such certificate shall be conclu-
sive evidence Of such residence


xxx. All laws and parts of laws of the late
Provisional Government of South Carolina relative
to the powers, duties and course of procedure of
the Courts of Ordinary and Equity, as fat as the


Jurisdiction of said Courts is herein conferred on
the Courts of Probate, not inconsistent with the
constitution and this act, or supplied by it, are
hereby adopted and declared to be Of force and ap
plicable to the Courts of Probate. All files, re-
cords and property Of or pertaining to, said Courts
of Ordinary are forthwith, upon the qualification
of the Judges of Probate elected in the several
counties, required to be transferred to the Courts