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Full text of "Manual for the use of county officers in South Carolina"



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University of South CaroUna 
Libraries 




Coleman Karesh Law Library 



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MANUAL 



FOR 



THE USE OP COUNTyOFFICFBS IN SOUTH CAROLINA, 



CaSTAINING 



Tie Rules of teOce in tlie Slate ConA, M m the Uiiitei States' Conrts for 
Die District of Mtli tola. 



ALSO 



The Statutes PREscRiBiifG the poweks akd duties of the 

VABI0U8 COONTT OPFICBUS ; TOGETnER WITH TABLES 
Od FORMS, KEVI6ED AND ADAPTED TO USE 
UNDER THE NEW CONSTITUTION, 
AND METHODS OF PRACTICE. 



iOMPILED BY 

HENRY G. JUDD, Clerk. 



J87;2. 






Entered according to Aet of Congre^B, in tLe year 187S, by H. Gf. Jijdd/ 
in the office of tliu Librarian of Congreea, at WashingtoDf D. C. 



(T 



I'OMPILER'S PREFACE. 



The Compiler of the following pages has exporicnccd, as he doubts not many 
other Clerks, and the different County officers throughout tlie State have also felt, 
the disadvantage under which we labor, in the performance of our various duties, 
as prescribed hj laws both old and new, while we have nothing in the nature of 
« Digest, or Compend, or even an Abstract of official requirements, and must nee. 
ossaiily waste time in consulting bulky volumes of Statutes, to settle questions 
which continually arise, and must be met and disposed of, in the daily tranaao> 
tlons of business. 

Under the new Constitution, and the body of laws framod in oonBonance with 
its provisions, the Compilation of Miller, which has so long been deBorvedly regar- 
ded as iudispensable, for at least Clerks and SheriflFs, became nearly useleaa ; and 
It is to fill the void thus created, as well as to bring succinctly before each officer 
the group of Legislative enactments, that must control his action, that this new 
compilation has been made. 

The Compiler prefers no claim to consideration on the ground of any special 
merit attaching to tlie work here presented ,■ believing that tqual or perhaps bet- 
ter service mijiht have been rendered by others, had they been disposed to enter 
upon the undertaking It has Leen a task requiring rather the necative virtues 
of patience, method and plodding industry, than the positive and more active qual- 
ities that are supposed to be generally enlisted in book making, and therefore haa 
been a labor better suited to the habits and tastes of him who presents it than 
t!omething with greater pretensions could have been, and he will be abundantly 
satisfied if the volume may prove acceptable and of real value to those who shall 
hereafter perform the duties of County Officers in South Carolina. 

To such, and to the gentlemen of the Bar, whose suggestions have contributed 
largely to its completeness, he begs leave to most cordially dedicate this Manual. 

Beaufort S. C. 1873. 







CONTENTS. 

I. 

Courts of the Stale, — ^Supremo, Circuit, Probata', Trial Justice and loferiur. 

U. 

Rules of Practice in the State Courts. 

III. 

The United States' District and Circuit Courts, 

IV. 

Rules of Practice in the United States' Courts* 

r. 

The Powers and Duties of Clerks of Court. 

VI. 

Tlie Powers and Duties of Sheriffs. 

VII. 

The Powers and Duties of Coroners. 

VIII. 

The Powers and Duties of County Commissioners, 

IX. 

The Powers and Jurisdiction of Probate Judges* 

X. 

The Powers and Jurisdiction of Trial Justices, 

XI. 

The R)wei*s and Duties of School t^mndssioners, 

XII. 

The Powers and Duties of County Auditors. 

XIII. 

The Powers and DtJties of County Treasurers. 

XIV. 

Tables of Fees and Salaiies, of County Officers. 

XV. 

Practical Forms for Clerks, Sheriffs, and other Ollfcei-s.. 

XVI. 

(ieucnjl index. 



tmmmm* -mKf tatm 



MANUAL. 
FOR TKE 



USEOFCOUNTlOFFiCEIlSllSOyTiiCMli, 




CHAPTER I. 
OF THE STATE COCETS. 

Of CoUUTS op JdSTICE, as EsTABLienED UNDER THE CONSTITUTION OF liHiS. 

The Judicial powor ia vested in [ 1. ] The Court for Trial of Impeachments ; [2. } 
Tlie Supreme Court ; [3. ] Two Circuit Courts, to wit : [ 1. ] A Court of Common 
Pleas and;{2, ] A Court of General Sessions : [4. ] Probate Courts ; [ 5. ] Courts of 
Trial Justices ; f d ] The Inferior Court of CliarleiJtoxi ; [ 7. ] Mayors' and Intond- 
ants' Couits. 

* THE SUPREME COURT. 

TiiE Supreme Court consists of a Chief Justice, and two Associates, elected by 
the General Assembly, for six years. This Court has appellate jurisdiction only iu 
cases of Chaucer}', and constitutes a court for the cori-ection of errors a,t law. All 
lx)oks of record, files and property of the Court of Appeals, of Law and Equity, 
and of the Court of Errors, formerly in existance, have been transferred to the Su- 
preme Court. Two sestiioiis are annually held at Columbia, on the first Tuesday 
in April, and the fourth Tuesday in November. Salary of Ciiiii Justice, $4,000. 
Associates. $3, 500. 



TIIE CIRCUIT COURTS. 

Circuit Couutb. — Composed of Court of Common Fk-ap,, umi Court, of Goneral 
Sessions. The State has been divided into eight Circuits, as follows : 

FlKST CluCUlT : The Counties of Charleston and Orangeburg. 

Second Circuit: The Counties of Aiken, Barnwell, Beaufort and Colleton. 

TniKD CiRCUn : The Counties of Sumter, Clarendon, GeuigeLovvn and Wil- 
liamsburg. 

FouuTii Circuit 
and Horry. 

F:ftu CiiiCriT : 



The Counties of Che.steviiekl, Marlbor./, l.'ariingion, Marion 
T'i.e Counties of KersLaw, Ilicijlanu, E..lj_ericld ui.d Lexiiifi;!:oii 



Sixth Circuit : The Counties ol Cutbtor, Laiicabier, \'ork and Fairiield. 



T ties of the Courts.— The Supreme Court,— The Circuit Courts. 
CouLties cjmpusinc: trie sevaral JuiichJ Ciicuv-j. 



e MANUAL. 



TennB of the Courts of the State. 



Seventh CrncurT : The Counties of Now])orr7, Lmn^ns, Union and Spartan- 
burg. 

EionTn Circuit: Tlie Counties of Grecnvill.-, Anderson, Oconee, PickenB and 
Abbeville, 

TERMS OF CmcriT COIRTS. 

The Courts of the First Cvrcait arc iippointid to ht held fMfvllcws : 

1. The Court of General SessionB, at Charleston, for the County of ('haricston, 
on tlie first Monday of January, May, June and November ; and tlie Court of Com- 
juon PlcKS, at Charleston, on the second Monday of February, June and November. 

2. The Court of General Sessions, at Oran<^el)ur<r, for tlio County of Oranjje- 
burg. on the first Monday of January, May and Oetoi^er; and tlio Court of Com- 
mon Pleas, at Oran(;cbur<», on th first Wednesday after the first Monday of Janu- 
ary, May and Oct<iv?r. 

l^if CovrtK of th£ Sernnd Circuit (ire a/ppointcd to he held eix follows : 

1 The Court of Onncral Sessions, at Aiken, for the County of Aiken, on the Bf c- 
ond Monday of January, May and September; and the Court of Common Pleas, at 
Aiken, on the first Wednesday after the second Mondaj' of January, May and Sej)- 
tember. 

2. The Court of General Sessions, at Blackville, for the County of Barnwell, on 
the third Monday in January, May and September ; and the Court of Common 
Pleas, at Blackville, on the fourth Monday of January, May and September. 

3. The Court General Sessions, at Beaufort, for the County of Beaufort, on the 
first Monday of February, June and October ; and the Court of Common Pleas, at 
Beaufort, on the second Monday of February, June and October. 

4. The Court of General Sessions, at Walterl)oro' for the County of Colleton, on 
the third Monday of February, June and October ; and the Court of ( ommon PJons, 
at Walterboro', on the fourth Monday of February, June and October. 

7Vtc Courts of the Third Circuit etre app</iiited to held nsfolloiM : 

1. The Court of General Sessions, at Sumter, for the County of Sumter, on the 
eecond Monday of January, May and October ; and the Court of Common Pleas, at 
Sumter, on the first Wednesday after the second Monday of January May and Oc- 
tober. 

2 The Court of General Sessions, at Manning, for the County of Clarendon, on 
the four.h Monday of January, May and October ; and the C-ourt of Common Pleas, 
on the first Wednesday after the fourth Monday of January, May andOctolnr. 

3. The Court of General Sessions, at Klngstree. for tlie County of Willinms- 
burc, on the first Moi.dny after the fourth Monday of Junnury, May and October; 
and the Court of Commoa Pleas, at KiuL'stree, on the fir.st Weiinesday after the 
lourth Monday of January, May and October. 

4. The Court of Gom ral Ses.-j one, nt Georgetown, for tlie County of George- 
town, on the second Monday after the fourth Monday of January, May and Octo- 
ber • and the Court of Common Pleas, at Georgetown, on the first Wednesdaywfter 
the second Monday alter the fourth Monday of January, May and October. 



Terme of the CourU<,— Wben held in tbs First, SeconJ auU TliirO Civcuiie. 



MANUAL. 



TenuB of the Courts of the State. 



The Courte of the Fourth Cdrrnit are appointed, to he Jteld as folloirt : 

1. The Court of General Sessions, for the County of Chesterfield, on the first 
Monday of January, May and September; and the Court of Common Pleas, at Ches- 
terfield, on the first Wednesday after the first Monday of January, May and 
October. 

2. The Court of General Sessions, at BennettsviKe, for the County of Marlboro' 
on the third Monday of January, May and September ; and the Court of Common 
Pleas, at Bennettsville, on the first Wednesday after the first Monday of January, 
May and September. 

8. The Court of General Sessions, at Darlington, for the County of Darlinprton. 
on the first Monday of February. June and October; and the Court of Common 
Pleas, at Darlington, on the first Wednesday after the first Monday of February, 
Juno and October. 

4. The Court of General Sessions, at Marion, for the County of Marion, on the 
third Monday of February, June and October ; and the Court of Common Pleas, at 
Marion, on the first Wednesday after the third Monday of February, June and Oc- 
tober. 

5. The Court of General Sessions, at Conwayboro', for the County of Horry, on 
the first Monday after the fourth Monday of March, July and November ; and the 
Court of Common Pleas, at Conwayboro', on the first Wednesday after the first 
Monday after the fourth Monday of March, July and November. 

T/te Courts of the Fifth Circuit are appointed to he held asfollo%i^ : 

1. The Court of General Sessions, at Camden, for the County of Kershaw, on 
the third Monday of January, April and September; ai dthe Court of Common Pleas, 
at Camden, on the first Thursday after the third Monday of January April ana 
September. 

2. The Court of General Sessions, at Columbia, for the County of Richland, on 
the first Monday of February, May and October; and the Court of Common PleaSj 
at Columbia, on the second Monday of February. May and October. 

3. The Court of General Sessions, at Lexington, for the County of Lexington, 
on the fourth Monday of February, M;iy and October; and the Court of Common 
Pleas, at Lexington, on the first Wednesday after the fourth Monday of February, 
May and October. 

4. The Court of General Sessions, at Edgefield, for the County of Edgefield, on 
the first Monday of March, June and November ; and the Court of Common Pleas, 
at Edgefield, on the second Monday of March, Juue and November. 

The Courts ofth^e tUxth Cinniit are aj/poiiited to he hehl asfoUoirs: 

1. The Court of General Sessions, at Chesterville, for the County of Chester, on 
the first Monday of January, May uud September ; and the Court of Common 
Pleas, at Chesterville, on the first VW^diie^jday after the first Mcndny of January, 
May and September. 

2. The Court of General Sessions, at Lancaster, for tlic County of Lancaster, on 
the first Monday of February, June and October ; and the Court of Common Pleas 
at Lancaster, on t lie first Wednesday after the first Monday of Februnr}', June 
and October. 

Terms o' the CoariR,— WUea held tu tli? Fourth, Fifth ami Sixth Circuits. 



8 MANUAL 

Terms of the Courte of the State. 

1. The Court of General Sessions, at Yorkville, for the County of York, on the 
■first Mondaj' of March, July and November ; and the Court of Common Pleas, at 
Yorkville, ou the first Wednesday after the first Monday of March, July and No- 
vember. 

4. Tlie Court of General Sessions, at Winneboro', for the County of Fairfield, 
on the first Monday of April, August and December ; and the Court of Common 
Pleas, at Winnsboro', on the first Wednesday after the first Monday of April, 
August aud December. 

Tjie Courts of the Seventh Circuit a/re appointed to be hdd as follows: 

1. The Court of General Sessions, at Newberry, for the County of Newberry, 
on the third Monday of January, May and September ; and the Court of Common 
I^leas, at Newberry, on the first \^'ednesday after the third Monday of January, 
May and September. 

2. The Court of General Sessions, at Laurensville, for the County of Laurens, 
on the third Monday of February, June and October ; and the Court of Common 
Pleas, at Jjaurensville, on the first Wednesday after the third Monday of February, 
June aud October. 

3. The Court of General Sessions, at Unionville, for the County of Union, on 
the third Monday of March, July and November ; and the Court of Common 
Pleas at Union, outhe first Wednesday after the third Monday of March, July and 
November. 

4. The Court of General Sessions, at Spartanburg, for the County of Spartan- 
burg, on the first Monday after the fourth Monday of March, July and November; 
and the Court of Common Pleas, at Spartanburg, on the second Monday after the 
fourth Monday of March, July and November. 

Tlie Courts of tlte Eighth Circuit are appointed to be held as follows : 

1. The Court of General Sessions, at Greenville, for the County of Greenville, 
on the first Monday in January, May and September ; and the Court of Common 
Pleas, at Greenville, on the first Wednesday after the first Monday in January, 
iMay and September. 

2. The Court of General Sessions, at Anderson, for the County of Anderson, on 
the fourth Monday of January, May and September ; and the Court of Common 
Pleas, at Anderson, on the first Wednesday after the fourth Monday of January, 
May and September. 

8. The Court of (general Sessions, at Walhalla, for the County of Oconee, on 
Use second Monday of March, July and November ; and the Court of Common Pleao 
Ht Walhalla, on the first Wednesday after the second Monday of March, July and 
Novemljer. 

4. The Court oi General Session,^, at New Pickens, for the Ctjunty of Pickcnn, 
on the fourth Monday of March, July and November ; and the Court of CommoTi 
Pleas, at New Pickens, on the first Wednesday after the fourth Monday of March, 
July and November. 

.5. The Court of General Sessions, at Abbeville, for the County of Abbeville, on 
the third Monday of February, June and October ; and the Court of Common Pleas 
at Altbeville, on tlie first Wednesday after the third Monday of February, June 
and October. 



MANUAL. t 

Tonn of office of Judges.— Probate Courts.— Trial Justice, and Inferior Courts. 



TERM OF OFFICE OF CIRCUIT JUDGES. 

The Circuit Judges are elected by the (ieneral Assembly, for the term of four 
years, and receive an annual Salary of Three thousand five hundred dollars. 

Judges interchange Circuits, upon the order of the Chief Justice, wheuever in 
his judgment, it is deemed advisable ; and have power to hold special Terms with- 
in their respective Circuits, at any time, at their discretion. 



PROBATE COURTS. 

Courts op Probatk have been established in each County of the State, which 
hold their sessions on the first Monday of each month, at tho Court House, and at 
such other times and places as shall be judged most convenient for all persons in- 
terested. They are Courts of Record, having a seal, and every Judge of Probata 
has jurisdiction in all matters testamentary, and of administration ; in business 
appertamining to minors, and in the allotment of dower ; cases of idiocy, and per- 
sons non compos mentis ; also, in relation to the appointment and removal of guar- 
dians of minors, insane and idiotic persons, and in relation to the duties imposed 
by law on such guardians, in the management and the disposition of the estates of 
their wards. They also exercise original jurisdiction in relation to trustees ap- 
pointed by will, in cases prescribed by law ; and have jurisdiction of petitions for 
partition of real estate, when there is no dispute in relation to the title thereof. 
The Circuit Court has appellate jurisdiction in all matters originally within the 
jurisdiction of the Probat"fe Court, and the Supreme Court of all questions of law 
arising in the course of the proceedings of the Circuit Court, in probate matters. 
All files, records and property formerly held by Courts of Ordinary, are now under 
the control of the Probate Courts of tho respective Counties. Judges of Probate 
are elected, by popular vote, and hold office for two years. 



COURTS OF TRIAL JUSTICES. 

COXTRTS OP TiUAL JUSTICES, have limited civil jurisdiction ; and in cases of bas- 
tardy, and offences punishable by fines not exceeding one hundred dollars, and im- 
prisonment not exceeding oije month ; they may also commit or bind over persons 
charged with cjimes beyond their jurisdiction, for trial before the Court of Gener- 
al Sessions. Trial Justices are appointed, and are removable by the Governor. 



THE INEERiOK CEiMlNAL COUIIT, 

The iNFEKiou. Criminal Court, for criminal trials only, was e.s;^;il:)!if-iied l.y 
Act of Assembly, in March, 1872 ; is confined in ita jurisdiction to the County of 
Charleston, has appellate jurisdiction in Trial Justice, and limited concurrent ju- 
risdiction in General Sessions cases, and holds four sessions annually, to wit : on 
the first Monday in January, i\pril, July and October. The Judge is elected by a 
joint ballot in General Assembly, and holds his office during two years, at an an- 
nual salary of Two thousand five hundred dollars. 



10 MAN UA L. . 

Kules in tlio Circuit (Vmrts. 

RULES OF PRACTICE 
IN THE 



CIECDIT CODRTS OF THE STATE OF SOUTH C/iROLiA. 

ADOPTED DECEMBER 16th, 1870. 



RULE I. 

STATUTES AKD RULEF, 

Every Clerk of the Circuit Court who cannot produce the Statutes at Large, and 
the Rules of Court, when required, shall be fined ten dollars for each default. 

RULE II. 

CLERK TO KEEP BOOKS. 

The several Gierke of the Circuit Court shall keep in th<>ir respective offices, 
in addition to tlie judorment book required to be ke]it by Section 303, of the Code of 
Procecduru, a book, properly indexed, in which shall be entered the titles of all civ- 
il actions and special proccedingrs, with proper entries under each, denoting the 
jmpers fih'd, the orders made, and the steps taken therein, with the dates of the 
several proceedings ; also, an index of all undertakings filed in the office, stating 
in appropriate columns, the title of the cause, or proceeding in which it is given, 
(with a general statement of its condition) or a reference to the Statute under whicli 
it is given, the date, when and before whom approved, and when filed, with a state- 
ment of dispositioD or order made of, or concerning it ; and such other books, prop- 
erly indexed, as may bo necessary to enter the Minutes of the Court, docket 
judgments, enter ordors and all necessary matters and proceedings : and such addi- 
tional books as the reepeutive Circuit Courts may direct. 



RULE IH. 

SHEUIFF TO fll.K AFFIDAVITS ON ARIIKPT. 

The Sheriff shall file with the ("lerk, the ailidavits on which an arrest is made, 
within five days after the arrest. 



1. Clerk falllDiC t«> produce Btaiutes itnd Kules, to be Qued. 

3. BookB to be kept by the Clerk,— Judgment bouk,— File book,— luJex to undertakings. 

Minutes of tlie Court.— Order bouk«, &c. 

3. AJEdavit ol arreet,— Wbeo to l>« filed. 



MANUAL. 11 



Rules in the Circuit Court. 



RULE IV. 

RnERIFP COMrEI.LED TO HETFliN PROCESS. 
At any time after the day when it is the duty of the Sheriff, or other officer, to re- 
turn, or deliver or file anj- process, undertaking, or order, or other paper, br the 
provisions of the Code of Proceodure, an}- party entitled to have such act done, 
may serve on the oflicer a notice to return, deliver or file pucli process, luidertakinir, 
order, or other paper, ns the case may be, within ten days ; or show cause, at a 
time to be designated in said notice, why an attachment should not issue against 
Lim. 



RILE V. 

APrOISTMENT OF GUARDIAN AD LITEM. 
No person, other than the general Guardian of an infant, shall bo appointed as 
Guardian AD litem, either on the application of the infant or otherwise, who is 
not fully competent to understand and protect the rights of the infant ; who has a- 
ny interest adverse to that^of the infan;. : who is connected in l)usiness with the 
attorney or counsel of the adverse party ; who is not of sufficient ability to an- 
swer to the infant for any damage vv^hich may be sustained by his negligence or 
misconduct in the defence or prosecution of tue suit. This Rule shall not apply to 
actionsjfor the recovery of money only," or tor the recovery, exclusively, of real or 
jKjrsonal property, as specified Lu Section 276 of the Code. 

RILE M. 

DUTY OF GUARDIAN AD LITEM. 
It shall 1)0 the duty of every attorney or other otficer ol this Court to act as the 
guardian of any infant defendant, in any suit or proceeding, whenever apix)inted 
for that nurpese by an order of the C jurt. And it shall be the dutj- of the guar- 
dian to examine into the circumstances of the case, so far as to enable him to make 
the proper defence for the protection of the rights of the infant : and ho shall bo 
entitled to such compensation for hie services us the Court may deem reasonable. 



RULE vri. 

ADMISSION or ATTOrxKRYS. 

? Applicants for admission to practice as Attorneys and Coun.'sellnrs in the Cir- 
cuit Ck)urt8. who are entitled to examination, shall bo examined in open Court, at 
a regular term thereof; and no private examination shall be permitted 

4. Sheriff to return process,— Within ten days. 
9. Appointment o( Guardians ad Uism. 

6. Duty of Guardians ad fl&m.— Their compenasttOD. 

7. ACin!t«ioa of AUorueys io pracUe* In tue Clrculi Cour1>!. 



12 MANUAL. 

Rules In the Circuit Court. 

RULE VIII. 

CHANGE OP ATTOUNEY. 
An Attorney may be changed by consent, or upon cause shown, and upon fluch 
terms as shall bo just, upon the application of the client, by order of the Circuit 
Judge, and not otherwise. 

RULE IX. 

DRESS. 

The habit of the bar, and of the officers of the Court, shall be black coata : and 
jio gentleman of the bar shall bo heard unless so habited. 

RULE X. 

ATTORNEYS AND OTHEn OFFICERS NOT TO BE SURETIES. 

No Attorney, or other officer of Court, shall become surety upon any recogni- 
zance in the Court of General Sessions, or upon any undertaking in the Ck)urt of 
Common Pleas, except for payment of costs in the case of a non-resident. 

RULE XI. 

NO ARGUMENT AFTER DECCSION. 
Counsel shall not attempt to argue or explain a case, or any matter arising there- 
in after he has been heard, and the opinion of the Court has been pronounced. 

RULE XII. 

MANNFR OF PREPARING PAPERS. 

All i)leadings and other proceedings shall be written on each page of legal ciip 
])aper (with a mai'gin f)f one and a half inch on the left ). If more than two pages 
iire used, they shall bo fastened at the top 8o as to be read continously. Papers 
shall be foldtjd from the bottom, in four equal folds, and endorsed with the style 
of the Court, the names of the parties, the nature of the paper, and the name of 
the attorney. 

RULE XIIL 

FOLIOS TO BE MARKED AND TITLE OF GAUGE TO BE ENDORSED.— PLEADINGS TO BE 
LEGIBLY WRITTEN. — OBJECTIONS ,WaEN WAIVED. 

The attorney, or other officer of the Court, who draws any pleadings, deposition 
affidavit, case, exceptions, report, or other paper, or enters any judgment, exceed- 
in"- two folios in length, shall distinctly number and mark each folio of one hun- 
<lred words in the margin thereof ; and all copies, either for the party, or the Court 
shall be nuTnbered or marked in the margin, so as to conform ta the original 
draft, or entry, and to each other, and shall be endors^vj with the title of the 
fause : and all proceedings, and copies thereof, shall be fairly and legibly written ; 



8 Ci'^n^e of Attorney. 9. Dress of AUcrnevs rnd offlcrrp o( Court 

10. Officers no: t> be sureties 11. No a-Eameat liuarU after decisiua. 

12. r;ipcT«, li< w tliey must U^ prepared. loliici aud endorsed. 
14. <.a e u^ust Lave title endorsoU.— Foli'js must be uuiabered. 



MANUAL. 18 



Rnlos in the Circuit Court. 



and if not bo written, folioed, find endorsed, the Clerk shall not file the same, nor 
will the Court hear any motion or application founded thereon. ObjectionB for 
failure to comply with this Rule shall be deemed waived, unless the party upon 
whom the paper is served shall, within twenty-four hours after receipt, return it 
to the party eerving the same, with a statement of the grounds of abjection, 

RULE XIT. 

COKBENT MUST BE IN WRITING. 

No private agreement or consent between the parties or their attorneys, in re- 
spect to the proceedings in a cause, shall be binding, unless the same shall have 
been reduced to the fonn of an order by consent and entered ; or unless the evi- 
dence thereof shall be in writing, subscribed by the party against whom the same 
shall be alleged, or by his attorney or counsel, 

KULE XV. 

ATTORNEY TO ENDORSE NAME AND RESIDENCE ON PAPERS SERVED 

On process or papers to be served, the attorney, besides subscribing or env 
dorsing his name, shall add thereto his place of business ; and if he neglect to do 
so, papers may be served on him at his place of residence, through the mail, by 
directing them according to the best information which can conveniently be ob- 
tained, concerning his place of residence. This rule shall also apply to a party 
who prosecutes or defends in person. 

RULE XVI. 

ORDERS BY DEFAULT TAKEN BY COUNSEL. 
When any order is obtained by default, the counsel obtaining the same shall en- 
dorse his name as counsel, on the paper containing the proof of the notice ; and the 
Clerk, in entering the order, shall specify the name of such counsel. 



RULE XVII. 

AFFIDAVIT OF SERVING SUMMONS. 

Where the service of the summons, and of the complaint or notice floconipauy- 
ing the same, if any, shall be made by any person other than the Sheriff, it shall 
be necessary for such person to state in his affidavit of service, when and at what 
particular place he served the same, and that he knew the person served to be the 
person mentioned and described in the summons as defendant therein ; and also, 
to state that he left with the defendant a copy of the papi'rs so served. 



]3- Pleadings to be legibly wri tten. Objections, wben waived. 

1i Consent to be binding must De in writinp:. 

i.'5. Aforno.v shall en.l'-isc bh: n^ime ,'ind pliice of business on papers to be served. 

1« GrfhT" bv AefriuK, 17. Affioavit of serncf !io«- & whea srrve.l 



14 MANUAL. 

Rules in the Circuit Court. 



BITLE XVIII. 

WHAT TO BB DEEMED AN APrEAUANCE. 

Service of notice of an appearance or retainer generally, by an attorney for the 

defendant, shall in all cases, be deemed an appearance ; and the plaintiff, on filing 

snch notice, at any time thereafter,- with proof of service thereof, may have the 

appearance of the defendant entered as of the time when such notice waa served. 



ECLE XIX. 

NUlinEUINO CAUSES OP ACTION, OB OROtJKDS OV DEFBffCE. 

In all cases of more than one distinct cause of action, defence, counter claim, oc 
reply, each shall be separately stated and numbered. 

RULE XX. 

TIME TO ANSWER NOT EXTENED WTTnOtJT AFFIDAVIT OF MERITB. 

SUBSEQUENT EXTENSION. 
No order extending the time to answer or demur to a complaint shall be grant- 
ed, unless the party applying for such order shall present to the Judge to whom 
the application eliall be made, an affidavit of merits ; or an affidavit of the attor- 
ney or comisel retained to defend the action that, from the statement of the case in 
the action made to him by the defendant, he verily believes that the defendant 
has a good and salistantial dofence upon the merits, to the cause of action set forth 
in the complaint or some part thcraof. And if any extension of time to answer, 
or demur has been granted, by stipulation or order, the fact shall be stated in the 
affidavit. 

RILE XXI. 

MOTIONS TO AMEND PLEADINGS. 
Motions to strike out of any idcadiu/jr, matter alleged to be irrelevant or redund- 
ant, and motions to correct a pleading on the ground of its being " so indefinite or 
uncertain, that the precisj nature of the charge or defence is not apparent", must 
bo noticed before demurring or answering the ideudiug ; and within twenty days 
from the service thereof'. 

RILE XXIL 

DEFENCE OP PLENE ADMISISTBAVIT. 
The defence of />/fvtfl cfrfy// i/iw^lmyii! sliali not be eftcctual, unless the party ma- 
king such defence shall file with the pleadings, on oatli, a full and particular ac- 
cjunt of the admiuistratiou of the estate, with a certified copy of the inventory 
and appra'sement ; or, if the party be charged as executor of his own wrong, a lull 



13. Wiut deeiiieJ an appearauc«. 

19. Clause of uction or sroQiuls of ae.'cnco to be nuaibored. 

2). lijio to auswer— vtiLU Krintod. il. ilotioa to aaasad pliadlngs 

22 D.r.Tci. o pien? o.dv.i-'iit'rcaiL 



MANUAL. 16 



Rules in the Circuit Court. 



statement, on oath, of all the assets which have oome into his poaseeslon, and the 
value thereof, and an account showing the manner in wJiich the same may have 

bct'n disposed of. 

RULE XXllI. 

REAL OWNElf ADMITTED TO DEFEND ACTION AGAINST TENANT. 

Where a teuant it* sued for land of which he has iwBsession, the real owner may 
oQ motion, be admitted us a defendant to the action, and Bhall be entitled to the 
Borviceof a copy of the complaint, and to answer or demur thereto, ae if be Lad 
)>een the original deiendoct, 



RULE XXIV. 

, VESIRE AND SUMMONS FOB JUROBfi. 

To all write of veaire for jurors, the SheriflF aad his deputies shall make a re- 
turn, on oath, 1)efore the Clerk of the Court from whi«h the venire issues, includ- 
ing iu one class tho names of those who have been summoned personally ; in the 
63cond class, of those tor whom summonses have been left at their houses ; and in 
tho third class, of those who could not bo found. The summons for each juroi 
shall state the day, tho hour, and the Court at which he is to appear, tho penalty 
for default, and also whether he is to serve as a grand or i)etit juror. 

RULE XXV 

DEFAULTING tfUKORS. 

If anv juror in attendance upon the Court, shall refuse or neglect to attend 
])uuctua!]y. and to answer to his name ^vhensver the same shall be called, the 
Clerk shall note such default, and the defaulter shall forthwith ha served with a 
rule to show cause why ho should not he fined thereior. 

Upon the adjournment of each term of the Court, the Clerk shall cause to be 
served by the Shuriff, on each and every juror noted for nou-attendance at that 
Court, a notice requiring Lim to show cause, by affidavit, at ten o'clock on the first 
day of the next regular term, why he »hoald not be fined, according to law, for 
falling to attend and serve as a grand or petit juror, aa the case may be. And on 
or I'efore the first da>v of the next regular term, the Sheriii' shall make return of all 
8uch notices to the Clerk, who shall enter the same on the Contingent Docket, de- 
liver them to the Attorney General or Solicitor ; and the Attorney General or Solic- 
itor shall, upon the call of the docket move for the judgment of tbe Court thereon. 

\iv\a: x.wi. 

.TUKY IN FELONY. 

In the euipanuelling of a jury in cases of felony, where the right of peremptory 



2.3. Owner muy (Itjfendsuiv a;i2!ii<; 'euan:. 

24. Venire for Jurors. 

25. DefacUiug jurors to be rale J to ';bow (case. 
•26. Oleri '.0 issue scire faeias. 



16 MANUAL. 



Rules in the Circuit Court. 



challenge Is claimed and allowed, a child under ten years of age Bhall, in the pres- 
ence of the Court., draw one from the names of all the jurors in p.ttendance, whlrh 
ono having answered, shall be presented to the accused ; and eo on, until in regu- 
lar course the panel be exhausted, or a jury formed. 



EULE XXVU. 

COMMON PLEAS CALENDAIl. 
The Clerk, in preparing the Calendar for the Court of Common Pleas shall ar- 
range the cases in five clases, as follows : In the first class, he shall include all 
issues of fact, to be tried by a jury, except those arising on appeal from inferior 
Courts ; in the second class, issues of fact to be tried by the Court ; in the third class 
issues of law; in fourth class, all other calendar motions ; in the fifth class, appeals 
from inferior Courts. The respective clases shall be arranged each in a separate 
book, to be prepared for the purpose, to be lettered on the back " Calendar," 
and numbered 1, 2> 3, 4, and 5, respectively, in accordance with the foregoing 
classification. 

Where an issue has been settled by an order of the Court, the Clerk shall give 
it place on the calendar according to the date of the order. 

The Clerk shall preserve the Calendar as a record of the Court. He shall not 
only number the causes thereon, but shall indicate the number of terms they may 
have been at issue ; and he shall also, in a separate column copy the memoranda 
of the disposition of the case at the previous term. 

During the daily sessions of the Court, the Calendar shall not be subject to the 
inspection of the bar, but it shall be the duty of the Clerk to make a copy thereof, 
for the use of the bar. 

Notes of issue, in addition to the matter required to be set forth by Section 278 
of the Code, shall also designate, by number, the class to which the issue belongs. 



RULE XXVIII. 

MOTIONS FOn CONTINUANCE. 
Upon calling the Calendar, no motion for the postponement of trial beyond the 
term shall be granted on account of the absence of a witness, without the oath of 
the party, his counsel or agent, to the following effect, to wit : that tlie testimony 
of the witness is material to support the action or defence of the party moving; 
that the moti(m is not intended for delay, but made solely because he cannot go 
Kafely to trial without such testimony ; that he has made use of due diligence to 
procure tlie testimony of the witness ; or such other circumstances as will satisfy 

S6. Eiupanneiliag uf Juries. ■ 

87. Arrangement of Caleiidurs.— Numbsrs i. 2, 3, 4, and 5. 

IsBUis made.— Clerk lopre.e.ve Caiendar;— lo make a copy icr tie Bar. 

>iotes of isiiue to dubignate the iiuuioer o! Caicr.aur. 

SJ3. MotioBE lor conuuuuijce,— ileQuisites. 



MANUAL. 17 

Rules in the Circuit Court. 

the Court that his motion is not intended merely for delay. In all such cases, 
where a writ of subpcBna has been issued the original shall be produced, with the 
proof of service, or the reason why not served, endorsed thereon, or attached there- 
to ; or if lost, the same proof shall be offered, with additional proof of the loss of 
the original subpoena. After the first term, a party applying for such postpone- 
ment on account of the absence of a witness, shall set forth, in addition to the 
foregoing matters, what he believes the witness, if present, would prove. 

KUJ.E XXIX. 

ISSUES, now SETTLED. — MOTION FOK NEW TRIAL. 

In cases where the trial of issues of fact is not provided for in Section 276 of the 
Code, if either party shall desire trial by a jury, such party shall, within ten days 
after issue joined, give notice of a special motion to be made upon the pleadings, 
that the whole issue, or any specific questions of fact involved therein, be tried by 
a jury. With the notice of motion shall be served a copy of the questions of fact 
proposed to be submitted to the jury for trial, and in proper form, to be incorpo- 
rated in the order ; and the Court or Judge may settle the issues, or may refer it to 
a referee to settle the issues. Such issues must be settled in the form prescribed 
in Section 95, of the Code of Proceedurc. 

When any specific question of fact involved in an action, or any question of 
fact not put in issue, is ordered to be tried by a jury as a substitute for a feigned 
issue, and has been tried, or a reference other than of the whole issue has been or- 
dered, under Section 295 of the Code, and a trial had, if either party shall desire 
to apply for a new trial, on the ground of any error of the Judge or referee, or on 
the ground that the verdict or report is against evidence, (except when the Judge 
directs such motion to be made upon his minutes, at the same term or coui't at 
which the issues are tried,) a case or exceptions, or a case containing exceptions, 
shall be made, which shall be served and settled in the manner prescribed by the 
llules of the Court for the settlement of cases and exceptions. If no motion bo 
made for a new trial in such case, the parties shall be deemed to have acquiesced 
in the decision of the Judge or referee, and the verdict of the jury or report of the 
referee ; and the same shall not be questioned upon the final hearing of the cause, 
or in any subsequent proceeding therein. 

RULE XXX. 

CALLING PLAINTIFF. — SUBMITTING TO NONSUIT. 
It shall not be necessary to call the plaintiff when the jury return to the bar to 
deliver their verdict, and the plaintiff shall have no right to submit to a nonsuit 
after the jury have gone from the bar to consider of their verdict. 

RULE XXXI. 

8UEMITTING TO NONSUIT OU DISMISSAL UEFOltE KEFEIiEES.— FORM OF REFEREE'S 
REPORT. — PROCEEDIISGS ON K^FEIiKNCKS OTHER TUAN TUE ISSUES. 
On a hearing before referees, tlie plaintiff may submit to a nonsuit or dismissal of 
his complaint, or may be nonsuited, or his complaint be dismissed, in like manner 



28. Original subpceaa must be produced. 

29. Manner ol settling issues.— E-vceptions. — Motion ior a new trial. 
3l». C-.lling the plaintifl'.— bubinission to nousuit. 



18 MANUAL. 



Rules in the iMrcuit Court . 



as ui)on trial, at any timo befort; the cause has boon finally siibniitttHl to the refer- 
ees for their decision ; in which case the referees shall rei)ort accoitliuff to the :d-:t, 
and judjimcnt may thereupon be perfected by the defendant. 

Upon a trial by r.:>terecp, they shall, in their decision and final report, state the 
facts found by tlicm, and their conclusions of law separately — a copy of which 
shall b3 scrveil with notice of the judgment ; and the time within which excep- 
tions 115 ay be taken to the report, shall be computed fix>m the time of such service. 

In refercnc'.s, oilier than for the trial of the issues in an action, upon the coming 
m of the report of the referee, the same shall be filed, and a note of the day of the 
filing shri.'l be entered Ly the Clerk in the proper book, under the cause or proceed- 
ing: iiud the said report s'j&ll btcoine absolute and stand as ji all things cojfinned 
unless exceptions thereto are filed and served within tea days after s'^ivice of no- 
tice of t'ne filing of the same. If exceptions are filed and served within such time, 
tie same may be brought to a-heaiing on the notice of any party interested 
therein. 

KILE XXXII. 

EXAMTXATIO^x OF ^VIT^"ESSES, HOW CONDUCTED. —TIME FOK STTMMI^O UP, 

OJl HEARING. ' 

On the trial of issues of fact, one counsel o.ily, on each side, shall examine or 
CTCSs-cxamine a witness, and not more than two counsel on each side shall sum 
ui or be heard ii any cause ; and during such cxaminatio j, the examining counsel 
shall stand; and the testimony, if taken down in writing, shall be Wiitlcn by 
some other person than the examining counsei.bat the Judge who holds the 
CouHmiiy otherwise GL'der, or may dispense with this r^qizireincut. 

RULE XXXill. 

CALENDAT. ]^IOTIO^"s, HOW' ;;OTiCED, — rAPE];s TO EE miNT'iliED AM> i;y wiiosr. 

Calendar motions shall be noticed for the first day of the tenn, by eitlier party. 
The papers to be furnished on such motions shall be a copy of the pleadings, when 
the question arises on the pleadings, or any part thereof, or of such parts only as 
relate to the question raised by the demurrer, a copy of the special verdict, retnrn, 
or other papers on which the question arises. The party whose duty it is to- furnish 
papers, shall serve a copy on the opi>osite party (except upon trial of issues of law) 
at least four days before the time when the matter may be noticed for argument. 
If the party whose duty it is t3 furnish the papers, shall neglect to do so, the op- 
posite party shall be entitled to move, on the afli(hi\it and notice of motion, that 
the cause be struck from the Calendar, (whichever j.arty may have noti:-ed it for 
.argument,) and that judgment be rendered in his favor ; Provided, however, that 
in caa;s of mortjrage and partition, where the plaintitF's rights are not contested, 
no copies of pleadings need be furnished to the Court. 

The papers shall be furnished by the plaintiff, when the question arises on spe- 
cial verdict, and by the party demurring, in cases of demurrer ; and in all other 
cases by the party making the motion. 



SI. Noiistiit or dismissal Defore rcl'eroes.— Procaodings on references otlier t!ian the issaae. 
Sit. Namber of counsal to be heard ia n case. 



MANUAL. 19 



Rules in the Circuit Court. 



RULE XXXIV. 

OKDIiK TO STAY WITH VIEW TO CUANOE VENUE. — KEVOKING STAY. — IvOTICE OP 

KEVOCATION. 

No order to stay proceedings, for tli3 purpose of moving to cliaiiije the place of 
trial, shall be granted, unless it shall appear from the papers that the Darty mov- 
ing has used due dilifteuce in preparing the motion for the earliest jjracticaljle day 
after issue joined. Such order shall not stay tiie plaintiff from taking any steps, 
except subpceaaiug witnesses for the trial, without a special clause to that effect. 

RULE XXXV. 

COMMISSIONS TO TAKE TESTIMONY. 

Commissions when executed, shall be sealed up by the Commissioners who shall 
fcave executed the same, and directed to the Clerk of the Court from which they 
were issued. Upou the envelope shall appear the names of the commissioners 
written by themselves across the seals, the title of the cause, and, when sent by 
mail, the proper XJOSt mark. Commis,sions shall not be opened but upon motion iu 
open Court, or before a referee or referees hearing the cause, or by consent of the 
imrties in writing ; or by the Clerk or lleferee, upon request of any of the parties, 
and eaghi days' notice to all parties ol the time and place of such opening. 

RULE XXXVI. 

PRESENCE OF HIE ACCUSED OS TRIAL, 

No person shall be tried on an indictment unless personally present, except for 
misdemeanors. * 

RULE XXXVU. 

SURVEYS, now MADE WHEN ORDERED BY THE COrRT. 

Surveys of lands in any quantity of two hundred acres or less, shall b3 laid down 
by a scale of ten chains to the inch ; all over that quantity by a scale of twenty 
chains to the inch. 

No survey made under an order of Court, shall be received in evidence, unless it 
api^ear that at least ten days' notice of the time and place of commencing such sur- 
vey has been given to the parties. 

Every surveyor shall represent in his plat, as nearly as he can, the diffjrent en- 
closures of the parties, and the extent or boundaries within which each party may 
have exercised acts of ownership. He shall also represent a fence, buildings, or 
the like, by a mark in due proportion in size, according to the scale of the plat. 
He shall, by some small but distinct letter or figure, distinguish every corner, sta. 
tion, blazed tree, or other point which is likely to be the subject of dispute, lie 
shall take care not to render the plat confused or indistinct by crowding too much 
upon it ; but he shall rather refer by letters or figures to a table, (which may contain 
the courses and distances of lines, the marks at corners, stations and noted points, 
explanations and remarks,) than attempt to write niacin on the lines, or n jar to the 
points on the plat. 

34. Order lo stay lo cn-.m^e venue. — RovokiuK stay.— .Notice of revocaiiuti. 

35. Comiiiiss-ioos to take testiaiou. . 

36. Presence of accused on trill. „.„ 
S7. Survey oraored by Couit, how couaucte ". — vVj:it pla>. muit rrprosput. 



20 MANUAL. 



Kulea in th» Circuit Court. 



Hn nliall also m:ike two drafts or duplicates' nf the plat, so that on the trial tlierc 
may be one for the use of tlu; Judge, and the (rtljer fortlK^ parties in Court. 

Af tor a cause has gone to a jury, and evidciice llsis berti heard oil it, nefther 
party shall be allowed to make any objection to the order of survey, or the man- 
ner in which it may have been obtained , or the survey executed, 

A copy of this rule shall be appended to every order of survey served on a sur- 
veyor. 



RULE XXXYIII. 

JUDGMENT ON FAILURE TO ANSWEK. — WHEIIE TO BE APPLIED FOR. 
When the plaintiff in the action is entitled to judgment upon the failure of the 
defendant to answer the complaint, and the relief deuianded requires application 
to be made to the Court, such application must be made to the Circuit Court in. 
the County in which the action is triable. 

RULE XXXIX. 

JUDGMENT AFTER SERVICE BY PUBLICATION, 
In actions for the recovery of money only, when the summons has been served 
by jniblication under Section 158 of the Code, and the defendant is a non-resident 
of the State, no judgment shall be entered unless the plaintiff at the time of mak- 
ing the application for j udgment, shall show, by affidavit, that an attachment has, 
been issued in the action, and levied on the property, belongiiig to the defendant ; 
which affidavit shall contain a specific description of such property and a state- 
ment of its value, and shall be attached to, and filed with, the affidavit of publica- 
tion ; nor, unless the plaintiff shall, at the same time, produce and file with the 
Clerk an undertaking, with two sureties to lie approved by the Court, or the Clerk 
thereof, that the plaintiff will abide the order of the Court, touching the restitu- 
tion of any estate or effects which may be directed by j such judgment to be trans- 
ferred or delivered, or the restituion of any money that may be collected under or 
by virtive of such judgm.ent, in case the defendant or his representatives shall ap- 
])ly and be admitted to defend the action, and shall succeed in such defence. 

RULE XL. 

RECOrvDING JUDGMENTS. 
The Clerk shall record in the Judgment Book, at length, all judgments entered 
in his office, with the names of all ])arties, ](]aintiff or defendant, who have appear- 
ed or been served with a summons therein, and the names of the attorneys, with 
the time and place of the rendition of such judgment ; and when, by any judg- 
ment, any matter shall be adjudged, or act or thing commanded, other than the 
payment of money, space sufficient shall be left after the entry thereof for the en- 
tering of such proceedings as may be thereafter had for the enforcement or satis- 
faction of such judgment. 

V/t. Duplicate plais. — Alter cause has been heard, neitlier pany to object to rule of survey. 

38. Jufisrmcnt on failure to answer. 

3!). Judcment after servics by vublication.— Fiiciertaking to 1)0 filed. 

40. Tvpccrding .Uulgmonis. 



MANUAL. 21 



Uules in the Circu.t Court. 



When any judgment shall require the payment of money, either as damages or 
costs, it shall be noted in an Abstract of Judgments, which abstract shall be in 
tabular form, and contain, in separate columns, the following matters: First, the 
names of all parties bound to discharge such payment ; Second, the names of the 
parties having the right to enforce such payment ; Third, the date of the judg- 
ment ; Fourth, the amount adjudged to be paid ; Fifth, the costs ; Sixth, the aggre- 
gate of the amount and costs ; Seventh, the issuing of execution, with the date 
thereof ; Eighth, the return to such execution. 

RULE XLl 

KECOKDING JCDGMEXTS OF THE SUPREME COURT. — ADJUSTING COSTS TIIEREOX. 
When a judgment rendered by the Supreme Court, shall be certified to the Cir- 
cuit Court, it shall be the duty of the Clerk of the C-ircuit Court to adjust the costs 
and disbursements in the Supreme Court to which any party may be entitled, u])- 
on due notice, as provided in the case of the adjustment of costs in the Circuit 
Court ; and he shall record such judgment and enter an abstract thereof iu like 
manner as is provided in the case of judgment rendered by the Circuit Court. At 
the foot of such record a reference shall be made to the page at which the judg- 
ment appealed from is recorded, and a like reference shall be entered at the foot 
of the entry of the original judgment, to the page at which the judgment on ap- 
j)eal is recorded. 

RULE XLII. 

SALES OF LAND AT AUCTION. 
When lands are directed to be sold at auction, notice of the sale shall be given 
for the same time, and in the same manner, as is required by law on sales of real 
estate by Sheriffs on execution. 

RULE XLlIi. 

JUDICIAL SALES, WHERE TO EE MADE. 

All sales of real estate by the Sheriff, or by order of the Court, shall l)e made at 
the Court House of the County in which such real estate umy be situated, but 
,sales of ])ersonal property by the Sheriff' or by the order of the Court nuiy be 
made at places other than the Cf)urt House : Provided, that the i)lace shall always 
be mentioned in the advertisement thereof. 

RULE XLIV. 

ADDITIONAL ALLOWANCES. 
Ajiplications fiu- an additional allowance under the provisions of Sec. 884 of 
the Code of Prf)ce('dure, can only bo made to the Court before which the trial is 
had, or the iudirment rendered. 



40. Clerk lo keep Abstract of" , J iidprmout'^ ; Wiial abs'nict shall contain. 

41. .^(Ijusinieni if co«ts in c:isos •"roin Stipreme Court. — Juo.R.'.ients of Supremo Court to b© 
leconied. .mil ukIcxpiI, yuIi cioss retereuccs. 

42. Auctioiiit.ales ol lanils by SherlllV. 

4;^. .liulicial s.iles ol ftal ej;t ito ; M'.hmk niado. 
i-i. A iilitioiial jillow.inccs. 



22 MANUAL. 



Rules in the C'ircuit Court. 



RULE XLY. 

ArPLIOATION TO APPOINT SPECIAL GtTARDIAK. 
An infant, by bis special guardian if lie Las any, and if there is none by his next 
ffiond, may present a petition, statinfjtho age and residence of the infant, the situ- 
ation and value of his real and personal estate, the situation, value and annual in- 
come of the n^al estate proposed to be sold, and the particular reasons which ren- 
der a sale of the premises necessary or proper, and prating that a guardian may bo 
appointed to sell the same. The petition shall also state the name and residence 
of the person proposed as such guardian, the relationship, if any, which he bears to 
the infant, and the security proposed to be given ; and the petition shall be accom- 
panied by affidavits of disinterested persons, or other proof, verifying the material 
facts and circumstances alleged in the petition. And if the infant is of the age of 
fourteen, he shall join ia the application. 

RULE XLVI. 

OKDER TO APPOINT GUAKDIAN. — PKOCEEDINGS ON SUCH OIJDEK. 

If it satisfactorily appears that there is reasonable ground for application, an or- 
der may bo entered, appointing a guardian for tlie purposes of the application, on 
his executing and filing with tlie Clerk the requisite security, approved as to its 
form and manner of execution by a Judge of this Court, signified by his approba- 
tion endorsed thereon ; and the order shall direct a reference to ascertain the truth 
of the facts slated in the petition ; whether a sale of the premises, or any and what 
part thereof, would be beneficial to the infant, and the particular reasons therefor ; 
the value of the property proposed to be sold, and of each separate lot or parcel 
thereof; the terms and conditions upon which it should be sold ; whether the in- 
fant is in absolute need of any, and what part of the proceeds of the sale for his 
support and maintenance, over and above the income of this and his other proper- 
ty,and what he might earn by his own exertions ; and if there is any person enti- 
tled to dower in the premises, who is willing to join in the sale, also to ascertain 
the value of such dower. But no proceedings shall be had upon such reference un - 
til the guardian produces a certificate of the Clerk that the requisite security has 
been duly proved, or acknowledged, and filed agreeably to the order of the Court, 
and which certificate shall contain the name of the oflBcer by whom it was approved, 
and shull be annexed to the report. 

The said report shall contain iu itself a statement of the particular reasons 
which, in tlie opinion of the referee, render a sale of the premises necessary or prop- 
er, and of all the facts required to be ascertained and reported, and shall not refer 
to the petition or affidavit, for such statements. 

RULE XL VII. 

sEctjraxY OF special guakdian. 
The security required on a sale of the real estate of an infant, shall be a bond of 
the guardian, with two sufficient sureties in a penalty of double the value of the 

45. Appiiculiou by iufjinc lor appointment of special paardiaa. 

40. OrJer on petition to appoint special "uardian.— Proceeding'' under such order.— Uuardian 

snail produce certificate of filing security.— litport ol releree. 
4T- becurity to be giteu by guardian. 



MANUAL. 23 



Rules in the Circuit Court. 



prcirises, inc^uditijr llic interest on such value chiring tbo jri jonty of tlic infant 
each of •which sureties sliall he wo'tli the penalty oc'tLc bond o\'c!r and above all 
debts; or a pimilar bond of the guardian only, secured by a mortgage on uneucum- 
tercJ real estate, of the v.dae of the penalty of feucli l)6iid. 

RULE XLTHI. 

rPOCEEDs TO BE Er.oucirT n;TO court. 
If the riocecds of the snle of an infant's estate exceed five hundred dollars, and 
the on^rlJan has not crivoa security by mortgage -upo-.i real estate, he shall bring 
the proceeds inio C-^irt, or invest the same under the direction of tlic Court for the 
use of the infant ; and, unless by order of the Court, ihe,'j;uardian shall only be on- 
titled to rece'vc so much of the interest or income thereof, from time to :'i-e, as 
may be necjssary for the support and maintenance of the infant. If the mlaut's -in- 
tetest in the property docs not exceed one tliou'and dclli-..rs, the -wliole costs, inclu- 
ding disbursements, shall not exceed twontv dollars ; and when s.yoral infants 
arj int lest'-'d in the same iireni'se.', as tenants in common, the application in be- 
half of all shall Ije made in the same petition, although they may have several gen- 
eral guardians ; and thcjre shall bo but one reference to ascrtain tlu propriety of 
a sale as lo all, and but one b]'l o.' costs shall bj o'lowed. 

RULE XLIX. 

WliEX JIO:XEY SIAY EE PAID TO GENEll.VL GUAr.BIAN. — OrvDERS TO PAY jrO?;ET. 

Xo moneys arising from the sale of the real estate of an infant, on a mortgage 
or partition sale, or under any judgment -or order of the Court, shall bo paid over 
to his general guardian, ixcei)t so much thereof, or of the interest or incciiie frora 
time lO time, as may be necessajy for his snpi'Ojt and muiutenance; uuieef? srich 
guirdian has prevloasly given sutlicient security on unencumbered real estate, to 
ac*'0-mt to the infaut for the same in the usual form. 

No order shall be made for tlie paymeut of any such moneys to any p;r3on claim- 
ing the same, except oa j^etition, accompanied by a certifixl c 4>y o; the order in 
pursuance of which the inon.-y v.'as brou;.''ht into Court, together with a statement 
of the depository of the money, showing the present state and amount of the funds, 
separating the principal and interest, and showing the amrmnt of each ; and tho 
Court may take such proof of tlie truth of the matters stated in tho petition as 
shall be eleemed proper, or may refer tho same to a saitahle referee, to taiie proof 
and report thereon. 

RULE L. 

GUAnDIAK.SOT TOliECEITE PUOPERTY UNLESS SECUKITY nX3 EEE^' GIVEN, 
No guardian rt(n/^i'??i for an infant party, unless he has given security to the 
infaut accoreling to law, shall, as such guardian, receive any money or property be 
longing to such infant, or which may be awarded to him in the suit, except such 
costs and expenses as may be allowed by the Court to the guardian cut of the 
funds, or recovered by the infaut in the suit. Neither shall the general guardian 
of an infant receive any part of the proceeds of a sale of r' al property belonging to 

4S. Proceeds ot me sales liow disposoil of.— Bill of costs not to exceed fixed sum. 

49. Money OfriveJ troiu sales not to be paid over to miardian, except under limitations. 

50. Gu;irJi.-\!: ad limn not to receive property un'.il tie has siven sei-uriiy. 



24 MANUAL. 



Rulos in the Circuit Court. 



such infant, sold under a judgment or order of llie Court, until the guardian lias 
giv(Mi such further security for the faithful discharge of his trust as the Court 
may direct. 



3F» .A. I=» 13 3F8. ^ . 

RULE LI. 

ArPMCATION FOR DISCOVEKY. — HOW MADE. 
Applications may be made in the manner provided by law to compel the discov- 
ery and production of books, papers and documents relating", to the merits of any 
civil action, jiending in this Court, or of any defence in such attiou, in the folltkw- 
ing cases : 

1. By the plaintiff, to compel the discovery of books, pa^K^rs or documents in 
the possession or under the control of the defendant, which may be necessary to 
enable the ])laintilf to frame his complaint, or to answer any i)leading of the 
defendant. 

2. The plaintiff may be compelled to make the like discovery of books, papers 
or documents, when the same shall be necessary to enable tlxe defendant to an- 
ewer any pleading of the plaintiff. 

3. Either party may be compelled to make discovery, as provided by Section 
405 of the Code, 

RULE LII. 

MOVING rAPEKS, WHAT TO STATE. 
The moving papers upon the .application for such discovery, shall state the facta 
and circumstances on which the same is claimed, and shall be verified by affidavit,, 
stating that the books, papers and docunients whereof discovery is sought, au(>, 
not in the iiossession, nor under the control of the party applying therefor. Thos 
party applying shall show, to the satisfaction of the Court or Judge, the material- 
ity and necessity of the discovery sought, and the particular information wluch he 
recjuires. 

RULE LIII. 

OllDEH FOR DISCOVERY. 

Discovery may be compelled by requiring the party to produce and deposit the 
matters to be discovered with the Clerk for the County in which the trial is to bo 
liad, or by requiring him to deliver sworn copies thereof to the moving party, or 
in such other manner as may be directed by the Court. The order therefor shall 
specify the mode of nuxking the discovery, and the time within Avhich it is to biqs; 
made. And when jjapers are required to be deposited, the order shall specify the 
lime that the deposit shall continue. 

50- Court to judgre ns to sufficiency of security. 

nl. Discovery of books and papers, how applied for.— Causes for di-covery. — Either party 

maybe compelled to make. 
.52. Motion for discovery must state reasons. 
53. Ordf r for discovery shall snecily mode, and time. 



MANUAL. 25 



Rules in the Circuit Court. 



RULE LIV. 

ORDER FOR DISCOVERY TO OPERATE AS A STAY OF PROCEEDINGS. 

The order directing the discovery of books, jiapers or other documents, shall op- 
erate as a stay of all other proceedings in the cause, until such order shall have 
been complied with or vacated ; and the party obtaining such order, after the 
same is complied with or vacated, shall have the time to prepare his complaint, 
answer, reply, or demurrer, to which he was entitled at the time of making the 
order. But the Judge in granting the order may limit its effect, by declaring 
how far it shall operate as a stay of proceedings. 



RULE LV. 

SETTLING CASES.— EXCEPTIONS AND SPECIAL VERDICTS. 
Whenever it shall be intended to move for a new trial, (except for irreo-ularitv, 
surprise, or upon the minutes of the Judge,) or to review by appeal, or otherwise, 
a trial by a jury, by the Court, or by referees, a case, or exceptions, or case con- 
taining exceptions, (as may be proper, and the party elect,) shall be prepared by 
the party intending to make the motion, or to review the trial ; and a copy thereof 
shall be served on the opposite party within ten days after trial, if by a jurv, or 
within ten days after written* notice of the filing of the decision, if the trial be bv 
tlie Court, or by referees, ; and the party served may, within ten days thereafter, 
propose amendments thereto, and serve a copy thereof on the party proposing the 
case or esceptions.who may then, within four days thereafter, serve the opposite 
party with a notice, that the exceptions, with the proposed amendments, will be 
submitted, at a time and place to be specified in the notice to the Judge or referee 
before whom the cause was tried, for settlement. The Judge or referee shall 
thereupon correct and settle the case, as he shall deem to consist with the truth 
of the facts. The time for settling the case must be specified in the notice, and it 
shall not be less than four, nor more than twenty days, after service of such no- 
tice. The lines of the case shall be so numbered that each copy shall correspond. 
Cases reserved for argument, and special verdicts, shall be settled in the same 
manner. 

RULE LVI. 

EXCEPTION, WHAT TO CONTAIN.— AMENDMENTS, HOW TO BE MARKED. 

Exceptions shall only contain so much of the evidence as may be necessarj' to 
present the questions of law upon which the same were taken on the trial, and 
it shall be the duty of the Judge, upon settlement, to strike out all evidence and 
other matters not necessarily inserted. 

Whatever amendments to a case, or exceptions, are proposed, the party propos- 
ing such case or exce]itions, shall before subniittuicr the same to the Judge for set- 
tlement, mark upon the several amendments l\is proposed allowance or disallow- 
ance thereof. 



54. Order lor discovorv to opeiMte as a siay oJpioceeciiias.— But JaJge may limit its effect. 

55. On new trial exceptions to be served on oppoaite pnrty.— .Jud ge m-iy cor.e t & settle case. 

56. What cxctpticns .■3!!?.!! ccnt.iic— Amendments, how unrkeJ. 



26 MANUAL. 



Rules in the Circuit Court. 



RULE LVII. 

FILING CASK OR EXCEPTIONS. — OKDEK DECLARING CASE ABANDONED. 
Where a party makes a case or exceptions, he shall procure the same to be filed 
within ton days after the samb shall be settled, or it shall be deemed abandoned, 
and on filing affidavit that such case, or exceptions, has not been filed, and shoniny 
the time of the settlement thereof, and that more than ten days have elai)sed from 
the time of such settlement, an order of course may be entered, declaring the same 
abandoned, and the party may proceed as if no case, or exceptions, hcd been made. 

RULE LVIII. 

STATEMENT OF FACTS ON APPKAL TO TIIE SUPREME COURT. 
A party desiring to appeal to the Supreme Courf, in any action tried hy the 
Court or referees may have the facts upon which the decision was bassd settled tor 
the purposes of such appeal ; and, for the purpose of such settlcmant, the party 
shall, within twenty days after notice of- the judgment, propose and serve on tho 
opposite party such a statement of the facts as !ie deems proper. Tho party uijon 
whom such a statement is served, may, within twenty days after sucli notice 
prepare such amendments to the statement as he may deem proper; which a- 
mendments shall be in writing, and served on t je moving party. The party pre- 
paring the original statement may give eight days' notice, that the statements and 
.amendments will be presented for settlement to the Judge who delivered the opin- 
ion in the case, or if no opinion was delivered, to the presiding Judge of the Court. 
Such Judge shall settle the facts, and upon the statement as settled by him he 
shall endorse an order that the statement bo attached to the Judgment Roll. 

RULE LVIX. 

CASE, now WAIVED, AND WHEN DEEMED SETTLED. 

If the party shall omit to make a case or exceptions, or statement of facts, with- 
in the time above limited, he shall be deemed to have waived his right thereto ; 
and when the same is made, and the parties shall omit, within the several times 
above limited, the one party to propose amendments, and the other to notify an 
appearance before the Judge or referee, they shall res})ectively be deemed, tho 
formtr to have agreed to tho case as proposed, and the latter to have agreed to the 
amendments as proposed. 



RULE LX. 

^REFEREE TO COMPUTE AMOUNT DUE ON MOUTOAGE. — WHEN PROOF OP FACTS TO 

BE TAKEN. — JUDGMENT. — PROOF OF FILING LIS-PENDENS. 

It in an action to foreclose a mortgage, the defendant fails to ansv.-er within the 

time allowed for that purpose, or the right of the plaintiff, as stated in the com- 

pHaint is admitted by the answer, the plaintiff may have an order referring it to 

57. Filing exceptions. — Order declaring case abandoped. 

68. Appeal to Supreme Court : what it must coutaiu.— Order of Judero ou sctllenient of facts. 

69, Case tiow waived, and when deeui.'d settled. 

60- Proceediaci in loreclosuro.— Uo'erence to compute a'pount due. 



MANUAL. 27 



Rules in the Circuit Court. 



the Clerk, or to some suitable person as referee, to compute the amount due to tho 
plaintiff, and to such of the defendants as are prior incumbrancers of the mortgaged 
premises, and to examine and report whether the mortgaged premises can be sold 
in parcels, if the whole amount secured by the mortgages has not become due. If 
the defendant is an infant, and has put in a general answer by his guardian, or if 
any of tho defendants nra absentees, the order of reference shall also direct t!ie per- 
son to whom it is referred, to take proof of the facts and circumstances stated in 
the complaint, and to examine the plaintiff, or his agent, on oath, as to any payment 
which may have been made, and to compute the amount duo on the mortgage, pre- 
1 aratory to to the application for judgment of foreclosure and sale. 

Where no answer is put in by tho defendant within the time allowed for that 
purpose, or an answer not denying any material facts of the complaint, the plain- 
tiff after the cause is in readiness for trial, as to all the defendants, may apply for 
judgment at any term, upon due notlcj to such of the defendants as have appeared 
in the action, and without putting the cause on the Calendar. 

The plaintiff in such case, when he moves for jud^'ment, must show, by afBdavit 
or otherwise, whether any of the defendants who have not appeared, are absentees, 
and, if so, he must produce the report as to the proof of tho facts nnd circumstances 
siated in the complaint, ando.fthe examination of the plaintiff, or his agent, on 
oath, as to payments which may have been made ; and in all foreclosure cases, the 
plaintiff when he mows for judgment, must show, by affidavit, or by the certifi- 
cate of the Clerk for the county in which the mortgaged premises arc situated, that 
a notice of the pendency of the action, containing the names c: the parties thereto, 
the object of the action, and a description of the proi)erty in i oat county affected 
thereby, the date of the mortpfage. and the time and placo of recording the same. 
Las been filed at least twenty days before such application for judgment, and at, 
or after the time of filing the complaint, as required by Sectiou 155 of the Code of 
proceedure. 

KULE LXI. 

JUDGMFNT FOn SALE OF MORTGAGED PREMISES. 

In every judgment for the sale of mortgaged premises, the description and par- 
ticular boundaries of the property to be sold, so far at least as the same can be as- 
certained from the mortgage, shall bo inserted. And, unless otherwise specially 
ordered by the Court the judgment shall direct that the mortgaged premises, or so 
much thereof as may be suiiicient to raise the amount due to the plaintiff, for prin- 
cipal, interest, and costs, and which may be sold separately without material inju- 
ry to the parties interested, be sold by or under the direction of the Sheriff of the 
county, or a referee : and that the plaintiff or any party, may become a purchaser 
on such sale ; that the Sheriff or referee execute a deed to the purchaser ; that out 
of the proceeds of the sale he pay to the plaintiff or his attorney, the amount of 
his debt, interest and costs, or so much as the purchase money will pay of the same, 
and that he take the receipt of the plaintiff, or his attorney, for the amount so paid. 
and file the same >vith his report of sale ; and that the purchaser, at such sale, be 
let into possession of the premises on production of the deed. 

All surplus moneys arising from sale of mortgaged premises under any judg- 
ment, shall be paid or deposited by the Sheriff or referee making the sale within 
five days after the same shall be received, in the manner provided by law for the 
securing of moneys in the custody of this Coiirt. 

60. To lake proof of facte. — M'heD judgment may be appiieJ for. — I'roof of DhuK lis pendens. 

61. Description of propert/.— Judgment tor sale.— Proceeds, aad surplu.-*, how disposeJ ot. 



28 MANUAL, 



Rules in the Circuit Court. 



RULE LXII. 

now BIIEIUFF TO SELL. 
"When mortgaged premises or other real estate directed to be sold, consists of 
several distinct lots or parcels, which can be sold separately without diminishing 
the value thereof, on such sale, it shall be the duty of the Sheriff, or other person 
conducting the sale, to sell the same in separate lots or parcels unless otherwise 
specially directed by the Court. But, if the Sheriff or such other person be satis 
fied that the property will produce a greater price if sold togetlier than if sold in 
separnh- lofs or parcels, he may sell it together, unless otherwise directed in the 
ordci oi sale. 

RULE LXIII. 

CLAIMS FOR SURPLUS MOXEY. 
On filing the report of the sale, any party to the action, or any ])erson who had 
a lien on the premises at the time of tlie sale, upon the filing witli the Clerk where 
the report of the sale is filed, a notice, stating that he is entitled to such surplus 
money or some part thereof, and the nature and extent of his claim, may have an 
order of reference, to ascertain and report the amount due to him, or to any other 
person, which is a lien upon surplus moneys, and to ascertain the priorities of the 
several liens thereon ; to the end that, on the coming in and confirmation of the re- 
port on such reference, such further order may be made for the distribution of 
such surplus moneys as may be just. Every party who appeared in the cause, or 
who shall have filed such m)tice witli the Clerk, previous to the entry of the or- 
der of reference, shall be entitled to service of a notice of the application for the 
order of reference, and to attend on such reference, and to the usual notices of sub- 
sequent proceedings relative to sucli surplus. But if sucli claimant has not ap- 
peared, or made his claim by an attorney of this Court, the notice may be served 
by putting the same into the post office, directed to the claimant at his place of 
residence, as it is stated in the notice of his claim. 

RULE LXIV. 

MOUTOAGE MUST BE FILED AND RECORDED BEFORE DEED EXECUTED. 
When a Sheriff or referee sells mortgaged ;premises, under a decree, or order 
or judgment of the Court, it shall be be the duty of the plaintiff before a deed is 
executed to the purchaser, to file such mortgage in the office of the Clerk, unless 
Buch mortgage has been duly proved or acknowledged, so as to entitle the 
eame to be recorded ; in which case, if it has not been already done, it shall be the 
duty of the plaintiff to cause the same to be recorded at full length, in the Coun- 
ty or counties where the lands so sold are situated, before a deed is executed to 
the purchaser on the sale : the expense of which filing and recording, and the en- 
try thereof, shall be allowed in tlie taxation of costs ; and, if filed with the Clerk, 
he shall enter in hisminutes the filingof such mortgage, and tiie time of filing; but 
this rule shall not extend to any case where the mortgage appears, by tlie i)lead- 
ings or proof in the action commenced thereon, to have been lost or destroyed. 



62. How Slieritr sli.iU sell laiuls. 

63. Claiirm lor surolus money ; IIow e tablislierj. — Notice to be serveil oa every party.— M;iv 
he sent bv mail. 

i'A. Mortgage lobe filet) and recordeii boit-rt: tiilc car; be executoii.— Expense, how palil. 



MANUAL. 29 



lUilcH in the Circliit ClotliT. 



RULE LXV, 

PARTITION OP LANDS HELD IN COMMON. 
When several tracts or parcels of land lying in this State are owned by the same 
persons in common , no separate action for the partition of a part only, shall be 
brought, without the consent of all ])arties interested therein ; or, if brought with- 
out such consent, the share of the jjlaiutifi may be charged wilh the whole costs 
of the proceeding. And wlion infants are interested, it shall be stated whether 
the parties own any other lands in common. 

RULE LXVI, 

REFERENCE AS TO THE TITLE WHERE NO DEFENCE IS TNTERP06ED. 
Where the rights and interests of the several parties, as stated in the complaint, 
are denied or controverted, if any of the defendants are infants, or absentees, or 
unknown, the plaintiff, on an affidavit of the fact, and notice to such of the par- 
ties as have appeared, may apply for an order of reference, to take proof of the 
plaintiff's title and interest in the premises, and of the several matters set forth, 
and to ascertain and report the rights and interests of the several parties i» the 
premises, and an abstract of the conveyances by which the same are held. ■ 



3VEOTX03XrSS -A-IMI^ oxi.x>x:jEi.si. 

RULE LXVII. 

ARGUMENTS AND MOTIONS HOW NOTICED, AND DEFAULTS THEREON. — ORDERS TO 
SHOW CAUSE, WHEN GRANTED AND HOW RETURNABLE. — IRREGULARITIES TO 

RE STATED. 
All questions for argument, and all motions, shall be brought before the Court 
on a notice, or by an order to show cause under Section 418 of the Code ; and if 
the opposite party shall not appear to oppose, the party making the motion or ob- 
taining the order shall be entitled to the rule or judgment moved for, on the proof 
of due service of the notice or order and papers required to be served by him, un- 
less the Court shall otherwise direct. Such order shall only be granted v/hen a 
special reason for a notice of less than four days appears on the papers pre- 
sented, and the party shall in his affidavit, state the present condition of the action, 
and whether at issue. And when the motion is for irregularity, the notice or or- 
der shall specify the irregularity complained of, 

RULE LXVIII. 

rOINTS OF MOTIONS. — DISCUSSION OF FACTS. 
In all calendar motions each party shall briefly state upon his points the leading 
facts which he deems established, with a reference to their folios, where the evi- 
dence of such facts may be found ; and the Court will not hear an extended dis- 
cussion on a mere question of fact. 



65. Of the oartition of lands hell in common. C6. Keterence as to title. 

67. Questions for araument. and motiiius ; How biou^jlit ba.''or< tbe Court.— Irre 

68. Poinis to be statctV— D sciissiin of facts. 



30 MANUAL. 



Rules in th» Circuit Court. 



RULE LXIX. 

ARGUMENT AKD Klil'LY. 
On all rules to show cause, where a party failing to answer would be in contempt , 
the ])arty called on shall begin and end his cause ; and on all motions or spec- 
ial matters, either spvinginfi out of a cause or otherwise, the actor, or party sub- 
mitting the same to the Court, shall, in like manner, begin and close; aud so shall 
the defendant. Avhere he admits the plaintiff's case, and takes upon himself the 
burthen of proof, have the like privilege. The j^arty having the oponinc in an ar- 
gument shall disclose his entire case, and on his clo sing shall be confined strictly 
to a reply. 

RULE LXX. 

ADVICE OP COUNSEL, noW STATED. 

Whenever it shall Lc neccssarj', in any affida^^t, to swear to the advice of coun- 
sel the party shall, in addition to what has usually been inserted, swear that he 
has fully and fairly 6tat3d the case to his counsel, and shall give the name and 
place of residence ol such counsel. 

RULE LXXI. 

SUBSEQUENT APPLICATION FOR ORDER AFTER TRIAL. 
If any application for an order be made to any Judge, and such order be refused, 
in whole or in part, or be granted conditionally, or on terms, no subsequent appli- 
cation upon the same state of facts shall be made to any other Judge , and, if upon 
subsequent application, any order be made, it shall be revoked ; and in the affida- 
vit for such order, the party or his attorney, shall state whether any previous ap- 
plication for such order has been made. 

RULE LXXII. 

AFFIDAVITS IN MITIGATION, HOW SUBMITTED. 
In the Court of General Sessions, the defendant, after verdict against him, shall 
not be permitted to submit any affidavit to the Court which goes to deny matters 
of fact ; but he may submit affidavits as to matters in extenuation or mitigation: 
Provided, they are filed so as to allow the Attorney General or Solicitor a reason- 
able time to answer them. 

RULE LXXIII. 

TIME FOR COMPLYING WITU ORDERS. 

In all casea where a motion shall be granted on payment of costs, or on the per- 
formance of any condition, or wliere the order shall require such payment or per- 
formance, the party whose duty it shall be to comply therewith, shall have twen- 
ty days f T that purpose, unless otherwise directed in the order ; but, where costs 
1o be adj .:,-ed are lO be paid, the party shall have fifteen days to comply with the 
order aftc- the costs shall have been adjusted by the Clerk on notice, unless other- 
wise ordered. 

RULE LXXIV. 

OBDERS ON PETITIONS. 

Orders granted on petitions, or relating thereto, shall refer to such petitions by 

C'fi. ArguL'icnt and rcph . 70. Aclvicp of ccniisel how to beslated. 

71. Application lur order after rcfiMal. 72. ^i2d;lvit in mitigation, how SQ&Diitted. 

73. Tune for eotoplyin.? with orJers Irnited 



MANUAL. 31 



Rules in the Circuit Court. 



the name and cle8crij)tio!i of tiie petitioners, and the date of the prti; ions, if the 
Bame be dated, v.' thout reciting' or setting forth the tenor or sub.sttJrce thereof un- 
necesearily. Any order or judgment directing the payment of liioiny. or affecting 
the title to property, if founded on petition, where no complai).. lo lilea, may, at 
the request of any party intercstel, Le enrolled and docketed as other judgments. 

RULE LXXY. 

STAYING SALE IN FOnECLOSUKE, ON PETITION. 

No order to stay a sale under a judgment in partition or for the foreclosuro of a 
mortgage, shall be granted or made by a Judge out of Court, except upon a notice 

of at least four days to the plaintiff, or his attorney. 



SXJIFLXS'X'XZSS. 

RULE LXXVI. 

SUnfiTIES TO JUSTIFY, AND VALUE OF SECURITY TO BE PROVED. — 

UNDERTAKING TO BE ACKNOWLEQED. - 

Whenever a Judge or other officer, approves of th'? security to be given in any 
case, or reports upon its sufficiency, it shall be his duty to require personal sureties 
to justify ; and all bonds and undertakings shall be duly proved by a subscflbing 
Avitness, or ackuoivledged in like manner as deeds of real estate, before the same 
shall be received or filed. ' . ' - 

RULE LXXTH. 

BAIL , WHERE TO JUSTIFY. 

Whenever sureties are required to justify, they shall justify within the county 
where the defendant shall have been arrested, or wherein the sureties reside. 



:E*IIjI3?<a"C3- X>.i9^Z> 33X1.8. 

RULE LXXVni. 

WHERE PAPERS TO BE FILED. 

Papers shall be filed in the county specified in the complaint as the place of trial, 
or in the county to which the place of trial has been changed. And, in case the 
place of trial is changed, for the reason that the proper county is not specified, pa- 
pers on file at the time of the order making such change, shall be transferred to the 
county specified in such order, and all other papers in the cause shall be filed in the 
county so specified. 

RULE LXXIX. 

UNDERTAKINGS AND AFFIDAVITS TO BE FILED. 

It Fhall be the duty of the plaintiflF's attorney forthwith to file with the Clerk 

-for the proper county, all undertakings given upon procuring an order of arrest, 

an injunction order, or an attachment, Avith the approval of the Judge taking the 

same endorsed thereon : and in case such undertakings shall not be filed within 

74. Orders on ii.i.ition may be purollecl and docketed as judgmBnts. 

75. htftvina saips in loreciosure. — Notice to plaintiff. 

TG. bureiias must justiiy.— Boud:; or undertakings cot proved, cannot he received or filed. 
77. Saretios to .justify in tiieir own county. 7?. Where papers shall be fi'ed. 
79. Papers may be transrerrol: How, u:id why. 



32 MANUAL. 



Rules in the Circuit Court. 



five days after tlie order of arrest, of injunction, or attacliment, lias been granted 
the defendant shall be at liberty to move the Court to vacate the proceeding for 
irregularity, with costs, as if no undertaking liad bei'i; given. It shall also be tho 
duty of the attorney to file, within the same time, and under the like penalty, the 
ntfidavits upon which an injunction or attachment has been granted, and, also the 
affidavit upon which an order for the service of a summons by publication, or an 
order for a substituted service of a summons has been granted, together with tho 
order for such service. 



EULE LXXX. 

POWERS OP RECEIVEKS OF DEBTOR'S ESTATE.— WHEN ALLOWED IIIS COSTS. — 
SALE OP DOUBTFUL CLAIMS AT AUCTION, 

Every receiver of the jjroperty and efPccts of the debtor, shall, unless restricted 
by the special order of the Court, have general power and authority to sue for and 
collect all the debts, demands and rents belonging to such debtor, and to compro- 
mise and settle such as are unsafe and of a doubtful character. He may also sue 
in the name of a debtor, where it is necessary or })roper for him to do so ; and ho 
may apply for and obtain an order of course, that the tenants of any real estate 
belonging to the debtor, or of which he is entitled to the rents and profits, attorn 
to such receiver, and pay their rents to him. He shall also be permitted to make 
leases from time to time, as may be necessary, for terms not exceeding one year. 
And it shall be his duty, without any unreasonable delay, to convert all the per- 
sonal estate and effects into money ; but he shall not sell any real estate of the 
debtor, without the special order of the Court, until after judgment in the cause. 
He is not to be allowed for the cost of any suit brought by him, against an insol- 
vent, from whom he is unable to collect his co,sts, unless such suit was brought 
by order of the Court, or by the consent of all the parties interested iii the funds 
in his hands. But he may, by leave of the Court, sell such desperate debts, and 
all other doubtful claims to personal property, at public auction, giving at least 
ten days' public notice of the time and place of such sale. 

RULE LXXXI. 

All rules heretofore adopted for tlie government of the practice of the Circuit 
Courts of this State, shall be, and they are hereby repealed. In cases where no 
provision is made by Statute, or by these Rules, the proceedings shall be accord, 
ing to the practice as it has heretofore existed in the Courts of Law and Eciuitv, 
in this State, in cases not provided for by Statute, or written Rules of the Court. 



THE STATE OF SOUTH CAROLINA. 
/, ALBERT 31. BOOZER, Clerk <.f the General Scsdon of the Justices of tits 
Supreme (utd Circuit Court.i, hereby rerlifi/, that the fore{joiiuj in a correct copy of 
the Rules adopted at the Session, ending Sixteenth December, Eighteen hundred and 
seventy. 

ALBERT M. BOOZER, Clerk. 



79. U:)dfr'a.iiu:rs and afiidaviis to bj lll^a wiibi i timo liir,iteil. 

bO. Towers of a receivt-r.— "Wlieii rfceivcr may be allowea costs. 

fcl. Ueveal oJ ail foruit;i liul-^s — ProciediUL'S m cases unt lierciu iirovlded for. or m btatutes 



MANUAL. 




OF THE 



SUPREME COURT OE THE STATE OE SOUTH CAROLINA, 

ADOPTED AT APRIL TERM, 1872. 



RULE 1. 

RETUHN — WHAT TO CO^'TAtN. 
When the appeal is from a judgment, the return of the Clerk of tlie Court be^ 
lowshall consist of certified copies of the notice of appeal, and ^^^^^-^^-^^^yf^ 
When the appeal is from an order, as allowed by the eleventh section of the Code 
of ProceedurMhe return shall consist of certified copies of the notice of appeal, 
the order ap;ealed from, and the papers on which the Court below acted m ma- 
king the Order. 

RULE II. 

RETTON. WHEN PILED.-DISMISSAL OP APPEAT. FQ-R DEFAULT. 
The appellant shall cause the proper return to be made, and filed with the Clerk 
of this Court within twenty days after the appeal shall be perfected. If he fa. to 
do so, the respondent may, by notice in writing, require such returns to be filed 
within ten davs after the service of the notice ; and if the return be not filed, n 
pursuance of ^uch notice, the appellant shall be deemed to have wa.ved the appeal . 
and on an affidavit proving when the appeal was perfected, and the service of such 
notice and a certificate of the Clerk, that no return has been filed, the respondent 
may enter an order with the Clerk, dismissing the appeal for want of prosecution, 
with costs; and the Court below may thereupon proceed as though there had been 
no appeal. 

Rtit: III* 

BETURNS— REMEDY FOR DEFECTS. 
If the return made by the Clerk of the Court below shall be defective, cither 
partv mav, on affidavit specifying the defect, apply to one of the Judges of thi. 
Court, for an order tha t the Clerk make a further return without delay. 

1 What reinriis shall C"ntaiu. 

2. When returns chall he filcd.-Dismissal fcr faMiire to fi'.e. 

n. Defeclive rsiurnSi how thev may bo reme^ieJ. 



^ MANUAL. 



Kules in the Supreme Court. 



RULE IV. 

ATTOJOvETS AND OUAKDIAXS Ar> MTEM. 
The attorneys and guardians ad litem of the respective parties in the, ('ourt be- 
low, shall be deemed the attorneys and guardians of the same parties respectively 
in this Court, until others shall Ix- retained or appointed, and notice thereof shall 
be served on the adverse party. 

RULE V. 

CASE OK EKIEF — WHAT TO CONTAIX. 

In all appeal causes, a case shall be made by the appellant which shall consist 
of a copy of the return of the Clerk, and the reasons of the Court below for its 
judgment, if the sarae can be procured. If the case is voluminous, an index to 
the pleadings, exhibits, depositions and otlier j)rincipal matters, shall be added. 

Instead of the retvirn- of the Clerk, the case may contain a brief of the pleadings, 
proceedings and determination of the Court below, together with the reasons of 
the determinaiion, provided the case be printed and served in the manner provi- 
ded in Rules VI and Yll. 

The brief shall set forth the following particular? •• 

1. The title of the action. 

2. The time of commencement of action. 

3. The names o"? all defendants served or who appeared, 

4. The general nature and character of the pleadings, specifying such defend- 
ants as answered or demurred, and the general nature of each answer, when seve- 
ral answers are filed. 

5. When issues of fact arc settled the; order settling the same. 

G. The mode in which the case was tried, whether by the Court, by a jury, or 
by referees. 

7. \Mien error of law is alleged, the facts or conclusions of fact to which such 
error relates. 

8. When ei'ror of fact is alleged, the evidence or fact on which the determina- 
tion complained of was based. 

9. The judghrent,' order, finding, ruling- or decision complained of. 

10. If error is alleged in the charge to the jury, the request to charge, the 
charge and the exceptions. 

11. When the question to be determined involves the construction of any 
pleading, judgment,' order, charge or instrument, the whole matter thereof shall 
be set forth, but if some matter constituting a distinct and separate part thereof 
is involved in such construction, only such distinct and separate jart lieed be sta- 
ted in full, and tlite residue thereof may be briefly stated according to its general 
nature and effect. 

12. All changes in ])arties. 

VS. The date of the judgment, or ot-der appealed from, and of the appeal. 

RULE VI. 

i^'RiNTEO PAPERS, — HOW PKEPAKED — EFFECT OF NOK-COMPLIANCH. 

All papers printed for the tise of the Court ehall be printed on white Avriting 

4. Attorners ana Guardians to De ilie same as lu tie lower Couri- 

5. What Brief most contnin. 

C. Uow tlie Ilriet sii-.ill he prev»i'« 1- 



MANUAL. 35 



Rules in the Supreme Court. 



paper with a Jiiargin on the outer edge of the leaf not less than one-and-a-half-in- 
ches wide. 

The printed pilge, exclusive of any marginal note or reference, shall be seven 
inches long, and three-and-a-half inches wide. The folio (of one hundred words) 
numbering from the commencement to the end of the case, shall be printed on the 
outer margin of the page. Small pica, solid, is the smallest letter, and most com- 
ptvct mode of composition which is allowed. No charges for printing the papera 
mentioned in this rule shall be allowed as a disbursement in a cause, unless the 
foregoing requirement shall be shown by affidavit to have been complied with, iu 
all papers hereafter printed; nor when the brief shall, upon the argument of the 
cause, be held by the Court to be insufficient or defective. 

RULE VII* 

CASE OR BRIEF — SERVICE OF — EFFECT OF NOX-COMPLIAXCE. 

Within forty days after the appeal is perfected, the appellant may serve three 
copies of the case or brief as prepared for argument on the attorney of the adverse 
party. If he fail to do so, the respondent, may, by notice in writing, require the 
service of such copies within ten days after the service of the notice, and if the 
copies be not served in pursuance of such notice, the appellant shall be deemed to 
liave waived the appeal ; and on an affidavit proving the default and the service 
of such notice, respondent may enter an oi'der with the Clerk, dismissing the ap- 
peal for want of jirosecution, with costs ; and the Court below may thereupon pro* 
ceed as though there had been no appeal. 

KtLE VIII. 

CASE OR BRIEF, AND POINTS FURNISHED FOR COURT. 
At the commencement of the argument the appellant shall furnish six copies of 
the case or brief to the Clerk. Each party shall at the same time furnish six cop- 
ies of the points. The cases or briefs and points delivered to the Clerk shall be 
disposed of as follows ; one copy of each to the Judges, one for the Clerk, one for 
the reporter, and one for the library of the Supreme Court. 

Z RULE IX. 

POINTS AND AUTHORITIES. 
Previous to the commencement of the argument of any case, the Counsel fer 
the respective parties will furnish the Court with a statement of the propositions 
of law and fact relied on, and of the authorities and references to the evidence, 
where such reference is required. 

RULE X. 

DOCKETING CAUSES — ORDER ON DOCKET. 
Upon the filing of the return of the Court below, in conformity to the rules of 
this Court, the cause will be docketed by the Clerk. Causes will be placed upon 
the docket according to the respective circuits in which they originally dejjended, 
and in the order in which the returns were filed. 

7. Couiesof ine briel must be serve d on the aarerse party. 
?. Copy o' bripf to be furnishca lor the ose o! tlip Conn. 
S. Points and authorifio? to be fnrni-hecl lo ihe C^urt. 
jO. HownpfcaB s};;ill b* doci.eted. 



36 MANUAL. 



Rules in the Supreme Court. 



Every cause sliall be docketed before the day assigned for tlie cai\\ of causes 
iTom-the Circuit to which- itfbeloni^d, excejTt bj- special order of tlic Cbuirt, 

RULE XI* 

DEFAWLT eti' Al*fEARANCE,— ohdek rpox. 
If, on the call of a cause, either party fail to appear, or shall negdcfct to furnish 
and deliver the' papers required by Rule VIII, the opposite party may proceed rh 
follovcs : Tlve a»p|jellant may apgUe or submit the cause in his behalf, the respond- 
ant may have atii order dismissing the appeal. When neither party appears to ar- 
gue on the call oi a cause, it will stand; continued at tlve first term. 

RULE XII* 

CRIMINAL CAUSES^ — ORDER OP HEARING. 

Criminal caus€^ shall have a preference,, and may be moved on behalf of the 
State, out of thei? order.- 

RULE XIII. 

COITNSEL, — NUMBER LIMITED. 

In trie a'rgtt'ment of causes, not more than two counsel will be heard upon each 
eide, unless the Court sliall otherwise permit. 

RULE XIV. 

MEMBERS OF THE BAR AND OFFICERS OF THE COURT NOT TO SIGN AS SURETIES. 

No member of the Bar, or officer of the Court shall sign as surety any bond or 
other obligation which may be required by any order of this Court, under pain of 
being in contempt. 

RULE XT. 

MEMBERS OP THE BAR, — DRESS. 
No member of the Bar will be heard unless wearing a black coat. 

RULE XVI. 

ATTORNEYS, — AFFIDAVITS BEFORE. 
No affidavit will be considered by the Court, which has been sworn to before an 
attorney engaged in the cause, or matter, or before any party interested therein. 

RULE XVII. 

NO "argument after decision. 
Counsel shall not attempt to argue or explain a case, or any matter arising there- 
in, after he has been heard, and the opinion of the Court has boon pronounced. 

11. Afj^eai, iliow afrected by non apcearunce. 

12. Appeals in criminal cases to have pr^ferencs. 

13. ; Number cfatioineys limited. 

14. Ofitefs ol Couft. or Attorneys not to be sureties. 
16. Dress ol members of the Bar. 

16. AOidavil betore.attornpy en<rapecl_iii c-use. 

17. Argameiit after deciioion. 



HANUAL. :S7 



Rules iu the Supri^mo Court. 



UULE XVIII. 

CONSENT MUST BE IN WRITING. 

No private agreement, or cousent between the parties, or their attorneys, in re- 
spect to the proceedings in a cause, shall be binding, unless the same shall have 
been reduced to the form of an order by cousent, and entered; or, unless the evi» 
dence thereof shall be in writing, sul>s<:.ribed by .the party against whom the same 
shall be alleged, or his attorney or ceunsel. 

RULE XIX. 

ePlX^IAL MOTIONS — NOTICE OP IIEAliING, DISMISSAL. 

Motions, other than those; that arise on ih^ call of a cause, will bo heard at the 
xiponiuc of tlio Court on the morning of the day fixed for the call of causes from 
the circuit to which it apportains, and not afterwards without the special leave of 
.the Court. 

VVlieu notice has been givjn of a motion, if any ono shall appearttO oppose, it 
Twill be grranted as<jf course, upon the p'oductiou of the notice of motion, and an 
affidavit or admission of due service thereof. If a motion be uot made on the day 
i'or which it has been noticed, the opposing party will be entitled, on applying to 
ithe Court at the close of the motions for that day, lo a rule denying the motion, 
\wi.h costs. 

AVLE XX. 

REMITTITUTl — FOIiM OF., WUEN RErAINED ON DEFAULT. 

The remittitur shall contain a copy of the judgnicut of this Court, and shall be 
:Sealed with the seal, and signed by the Clerk of this Court, 

When a decree or order shall be aiii'Uiecl, or an appeal dismissed, by default of 
appearance by the appellant, tlie remittitur shall not be sent to the Court below, 
unless this Court shall otlierwiso direct, until ten days after notice of the affirm- 
.ationer dismissal shall havj Iteen served on the attorney of theiparty in default. 
.Service of notice shall be prove I to the Clerk by affidavit, or by written admis- 
.siou of the attorney on whom it was served. 

EIILE .XXJ. 

OEDEU FOR EXTENTION OF TIME, OR STAY OE PROCEEDINfiS BY A SINGLE 

JUSTICE. 

The time prescribed by these rules for doin<; any act may be enlarged by the 
Court, or by cither of the Judges thereof : and either of tiie Judges may make or- 
ders to stay proceedings, which, whe:i served, with the jjapars on which it was 
made, and notice of motion, shall stay the procee lings, according to the terms of 
,tlio order. Any order may be revoked or modified by the Judge who made it, or in 
^caso of his abaonoe or inability to act by either of the other Judges. 

RILE XXII. 

ORDERS — SERVICE OF, CASES OF CONTEMPT. 

To m.ilre th'i s?rvice of an ex parte order, or rule to show causj eflfectual, a co]iy 

1&. CoBseat mini ba in writlii?:. 

19. iNotice a'ld liejinis of iHoUons, and dismiss.i!. 

20. Rftmi'.iJtU',— 10 coiit.ii.i whrit, ;iuJ w.ieu retaiae.". on default. 

21. O'dei!" tor eskMision, or -t.i/. 



88 MANUAL. 



Rules in the Supreme Court. 



of the afiidav.ts, or other projfson ^hi.-h it was prantod, must Lc served Avith a 
copy of such order or ru]R, and in oidor t) Lrii g ai y ] eiscn iulo contempt for the 
disobedience of an order, +.hf original order must be exhibited to such person, and 
a copy thereof left with him. Wheu any person avoids the service of an order, on 
'application to this Court, or to one of the Justices thereof, making proof of such 
fact, special directions will be s^iveu as to the service thci-eof. 

RULE XXIII. 

ADMISSION TO PRACTICE. 
Applicants for admission to practice as attorneys and counsclhirs in this Court. 
who are entitled to examination, sliall be examined in open Court at a regular 
term thereof, and no private examination shall be permitted. Such application 
shall be in writing, accompanied b\- the proofs required by law, and shall be filed 
on or before the second Tuesday of each regular term. 

RULE XXIV. 

RtTLES — WHEN TO TAKE EFFECT. — FORMER RULES. 

These rules shall take effect on the first day of June next, from which time all 
former rules nre abroaated, except so far as may bo necessary to follow them in 
cases where causes are already i^repared for argument, and except also, that all 
cases not herein provided for are governed by the cxisiing rules and practice of 
this Court, so far as such rules and practice are conformable to existing laws. 

May 15th, 1872. " F. J. MOSES, C. J. 

A. J. WILLARD, A. J. 
J. J. WRIGHT, A. J. 



THE STATE OP SOUTH CAROLINA. 
In the Supreme Court. 

APRIL term, 1872. 

1, Albert Boozer, Clerk of the Supreme CoitH of South Carolina, do hereby certify, 
that the foregoing twenty-four rules icere this day adopted by the said Supreme Covrt, 

Witness my hand and the seal of said Court, at Columbia, this loth day of May, 
A. D. 1872. 

[seal] albert M. BOOZBji. 

Clerk of the Supreme Court of South Carolina. 



tt. Serric* ol orderi. 

S8. AdmlBBion ol altorneys to practice in Ssprc^^ie Court. 

94. Wtien Bnlee to ^o Into e^ect. 



MANUAL. 
■Rules in TJ. S. District Court, for Soirfh Carolina. 



,5^ 







CHAPTER III. 



OP THE 



'.FEDERAL COURT FOR THE DISTRICT OF SOUTH CAROUFA. 



ADOPTED MAY 10, 1813 : NO"^ OF FORCE. 



For the orderly condiictini? of Business in tlie District Court of Soutii Carolina, 
•as well on its iimtuiirs side, ii\ cases of Common Law, as on its ndiiiiralty side, in 
fCases ol Maritime Jurisdiction : It, is ord-ir^d by ilie sj.id Couri, that the following 
Ivules be observed. 



RULE I. That the Mai'shal do return all writs and oth(;r processes, on the first 
. day of the term ; and that they be returnable on that day accordingly. 

RULE II. That defendants be entitled to an imparlance on filing special bail, 
(When roquir:-d. 

RULE III. That Juries be drawn and centre issued, o;i the first day of each 
.term, fur the succeouiiifr Court, shoull the btisiiicss of that day permit, if not, on 
any other day durinjr the term, by permission of the Court. 



1. When M;irs.i;il to return writs. 

2. W.en.ijefead.int!" are en<Hied i<i.im parlance. 
S. Wi.tQJr.rlei 3it.ll be drawn. 



40 MANUAL. 



Rules in U. S. District Court, for South Carolina. 



RULE IV. That writs of venii-e facias iesue from the Clerk's office ; and I e 
served and returned by tlie marshal, in Irs proper person ; or by his Deputy ; or 
in case the Marshal, or Lis Deputy, be not an indifferent person, or be interested 
in the event of any cause, then tliey are to be served and returned by sucli fit per- 
son, or persons, as the Court shall specially appoint for that i)urposo ; nfifreoably 
to the tenor and constitution of the 27th, 28th, aud 29th sections of the Judiciary 
Act. 

RULE'^y. In future, all persons who have been admitted attorneys of the 
Court oi Common Pleas of this State, and have practiced tJierein, during the 
term of one year, or Avho have been admitted into tlic Circuit Court of this District, 
and whose private and professional character appear fair, may, on petition in writ- 
ing, duly presented in this Court, statinj^- such admission and practice, be admitted 
to practice therein. 

RUIiE YI. That the service of writs, and other processes, issued from this 
Court, be proved before the Clerk, any time in vacation. 

RULE VMI. Tne Clerk of this Court in the absence of the Judfje, on j'ood and 
sufficient cause being shown, may make the necessary orders for holding to bail, ou 
writs instituted iu this Court. 

RULE VIII. The JIarshal of this Court shall give duo notice in one of tlie news- 
papers of this city to the jurors and others concerned, of the time and place of tho 
meeting of this Court : and should it be adjourned to any future day, or days, be- 
for3 the commencement of the next regular term, it shall be his duty to give such 
due notice of the same. And the charges incidental thereto, are to be defrayed 
out of the fines inflicted upon defaulters, or from any other moneys from whence 
the same may be lawfully discharged. 

RULE IX. The names of the defaulting jurors shall be hereafter notified ly 
the Clerk, in one of the newspapers of this city, three weeks immediately preced- 
ing the sitting of the Court, then next succeeding ; aud upon neglect to answer tlie 
said notice satisfactorily, or not giving a sufficient excuse, on oath, the said de- 
faulter shall be fined by the Court. 

RULE X. Pleas, replications, and all other subsequent pleadings shall be filed 
within ten days after service of the rule on the party to file sucii plea, or on his at- 
torneys; in default whereof, the plaintiff's attorney shall be at liberty to take his 
order for judgment; or the defendant's attorney his judgment oi non pros. 

RULE XI. On all declarations filed, a ten day rule to plead shall issue. 

RULE XII. The Marshal shall pay over to the District Attorney, or other prop- 
er officer, all monies received by him, under executions, at the suit of the United 
States, immediately oa the receipt thereof 

4. Writs of venire to be served by the Marshal. 

6. Admission of attorneys. 

6. Proof c( Btrvice lefore Clerk. 

7. Clerk may hold lo bail in absence oi Judiro. 

8. ilarslial to;eive uublic uutica ol Tfrui. 

9. Defaultiujj Jniorii to be srtzelted. 

10. Pieadiucs, when to;be tiled. 

11. Ten day rule to plead. 

12. Marsaal tofcaj over moneys. 



MANUAL. ' 

Kulea in U. S. District Court, for Soutli Carolina. 



41 



RULE XIII. All rales against tlic Marshal, to i)ay over monits in Lis hands, 
shall be returuablj in four days; or for a lonjrcr cr shorter tiuioiu particular casos 
upon cause shown. 

RULE XIV. On motion made f:raDV sp'-cial order of Court, the order pro- 
posed shall bo submitted to the Court, in writing, by the counsel or party makinf: 
it ; and if granted by tha Court, it shall be dfdivered to tlie Clerk for insertion in 
the Journa's. 

RULE XV. No practising attcrney shall be received as special bail for any 
person ; nor as security for any officer of this Court. 

RULE XVI. In all crises wherein no particular rules ju-e h<rcin before set 
down, the priictice of the Court of Couuno . Pleas, of South Carolina, shall be pur- 
sued ; so far as the same be not repugnant or contrary to these rules, or the laws 
of the United States. 

RULE XVII. In all c-ibcb wlicre the Plaintiff eucs out a Writ of Error, he shall 
enter into'a bond, with security, in a sum not exceeding three hundred dollars, 
and in all cases where the defendant shall su? out a Writ of Error, he shall also 
cuter into a bond in a siuu not exceeding tlireo hundred dollars, aud ten per cent, 
on the amount demanded, to cover such damages as the Court may impose for 
delay. 

RULE XVIII. When commissions to examine witnesses respecting pensions, 
are required, application shall be made to the Clerk of the Court ; upon which he 
shall deliver one to the party applying, he or they paying the proper fee to him 
for so doing, if required . 

RULE XIX. All Rules and Orders heretofors made for regulating the prac- 
tice of this Court, shall be, and they are hereby repealed. 

JOHN DRAYTON, 
Judge of the District Court of South Carolina. 




13. Kules acainst Marsnal. Wbea returnable. 

14. Notices forspeciil orders to be iu writing. 

15. No alioruey to be biiil, or surely. 

16. Cases cominc cnaer no specific rule to conform to praciic-- iu the Common.Pleas. 

17. Partj su'ns out writ "f error to pivt; bond. 

18. Commissions to examine witnesses, liow obtained. 

19. llfpeai of all existin;: ilules. 



42 MANUAL. 

Ilulcsin the U. S- Circiiit Court, for boutli Carolina. 



IN THE 



yHITEO SmESCieCOlI court of SOUIfl CHROlIi, 



IN^CASES OF COMMON LAV/ : NOW OP FORCE. 



^*xioc:;33©ts. 



RULfc I. Rules sliall be held moutbly in Clerk's ofBce, on the first Monday in 
•every month, for the pur^ioso of entering: all prccecdinpsnnd orders which may be 
.taken or made in open Court. The rules shall be held under the direction of the 
-Clerk ; but either of the Judges of the Court may make or allow any special order 
in any cause not inconsist.'ut with the regulations here'.n prescribed., which shall 
ib3 entered iu the Rule Book, and take clFoct accordiuijly. 

RULE II. All processes shall be made returnable to the next succeediiicr tenu, or 
ito any intermediate Rale day, at the electioa of the party sueinnf out tbo process, 
:and the return of such process executed, shall be effectual, whereon to ground any 
.subsoqueut proceedings. 

KllLE III. Where any person, plaintiff or defendant in any suit, shall be dead, 
3t shaHl be lawful for the CUcrk at Rules, upon application, and sugf^estion of tiio 
■death, to issue process, to brinij into Court the executors or admin strators of such 
-deceased person., to be.eubatitutedfor the deceased party ; and he may also, on mo- 
ition of the executors or administrators of a deceased party, pennit them to enter 
themselves as parties, and to proceed in such suit. 

RULE IV. On process returnable to Rules or otherwise, the Marshal shall be 
allowed time for serving the same at the rate of ten miles per diem, counting 
from Charleston, and from the date of entry in his office; and if he cannot with due 
diligence return such process to the Rules or Court, to which it is returnable, 
he may return it to the next Rules. A copy left at the defendant's usual i>iace of 
residence si; all le a sufficient service. 



1. Jlu.es to be liolilen Hiotitlilv lu tbe Clerk's office, under direciiim of Cicrb. 

S. Process shall bs returnable to t'le next term, cr an^ intermediate lioies day. 

3. Kxecotors or ai'miiiistriitrrs to be snb.^titnted for deceased party. 

4. Tluie sivea to ilars'.-al for 8:rTia ' process. 



MANUAL. 43 



Rules in tlie U. S. Circuit Court, for South Carolina. 

RULE y. Wiiencvcr a writ shall be returnc.l, tLe declaration may ho filed 
immediately after the return ; and v/henever filed on a Eule day, the defendant 
shall be bound to take notice, and plead accordinrrly, without a rule to plead. In 
all other casos a rule to plead shall be specially taken out and served upon Lini or 
his attorney. If a declaration sh;il' not be filed within six rules after return of the 
writ sjrved, it shall not afterwards be filed without leave of C.iuri. 

RULE VI. A defendant shall 1 e allowed time to file his plea to an act on at 
the rate of five miles per diem, for tho distance of his residence from the Court- 
house in Charleston, counting; from the IluL? day on which the declaration shall be 
filed, wiicn filed on a llxile dry; and countino' from the day of the service of the 
rule to plead, when filed on any other day. But where ti;e {rcneral issue is ten- 
dered, and nothing' but a ".similiter" v/'anted to make up the issue, a special order 
may be taken for the ot'.icr party to reply ir.stanter. And tho same time shall be 
allowed the parties to a suit as t ) all subsequent pleadin<^s, countin<,' always from 
the Rules at which, or next before wli'.ch the plea to be answered, was filed. But 
in all cases except that of the similiter, time until the next Rales shall be allowed, 
and the additional time at the rate aforesaid, whenever the distance of the party's 
residence entitles him to more, in wliicli last cas?, the time to the Rules shall bo 
counted as part. 

RULE VII. Whenever a party fails to comply with the Gth Rule, an order for 
judgment, or of non pros, may be entered at the Rules ; but the same may be s ;t 
aside at the next Rules, on motion, payment iof costs, and pleading instanter, or for 
specinl cause shewn, on motion made within the first two days of the next term; 
in whicli lattercass the Court will impose such other reasonable terms as the ends 
of justice may require. 

RULE XIII. A copy of every open account, and of every deed, or other wri- 
tinff declared on, shall be filed with the Clerk at the time of filing the declaration ; 
and the defendant may have oyer of the original bond, deed, or other writing, be- 
fore he shall be required to file his plea, provided notice of a demand of oyer be 
served on the plaintiff's attorney ten days before the day on which the defendant 
is bound to plead to the action. 

RULE IX. If any frivolous or deceitful pleas be filed, the adverse party shall 
not be obliged to demur to the same ; but the Clerk may give an order for j udg- 
ment or non pros, at the Rules, and the party against whom it is given shall be 
held to his motion to set aside such order at the next term, as under the seventh 
Rule 

RULE X. No plea of plene administrarit shall be received and filed unless ac- 
companied with an office copy of the inventory or appraisement of the estate; and 
the defendant tendering such plea shall be bound on ten days' notice in writino-, to 
deposit with the Clerk a full account of his administration on oath, or the book or 
books containing the same. 

RULE XI. Whenever any gentleman of the bar shall leave with the Clerk in- 
fitructions how to direct him by mail, and a request to have the benefit of this rule 



5. Declaration to De filed — Wiien. When rule to piead must be taken oat. 

8. Time aiven to parties to file pleas. 

7. On tailure to ole.i t, order tnr jnaiment mar be tafecn. . 

8. CopicB nf all papers declared on to Se file ' . 

9. F.lTolons pleas neel in't be demarrc-d lo. 

10. P.sa o pltna admirdiiravit not r c^ivod unless aceooipaaiea bj iaveator ftad apprais* 
meet. 



44 MANUAL. 



Rules in the U. S. Circuit Court, for Soutli Carolina. 

it shall be tlic duty of the Clerk after the Rules, to forward to such gentleman nii 
abstract of all the Rules, orders aud entries made on eush liulo day, for which the 
Clerk shall be entitled to demand one dollar each month. 

a" XT X> C3r JVC 13 1^J• TC SB . 

RULE 12. All judgments obtainod at the sami trnx, and entered up agreeab- 
ly to the next rule, shall bo of the sanio rank as to precedence. The same shall bo 
regularly docketed, as her jtoforo, in a bo )k kept for the purpose, having succes- 
sive columns, exhibiting at one view the date, the time, and nature nfthe exccu 
tions sued out, the returns upon the same, and the date of satisfaction,, Avith a col- 
umn for miscellaneous occurrences. 

RULE 13. Jud.;mGuts, to retain thc'r rvnk or preceleuco under the preceding 
I'ule shall be entered up within live days after t!ie party is entitled to the same; 
hut may be entered at any time before the second term after, to take i>recedence 
from date. If not entered before the said second cerni, they shall not be entered 
without a motion at Rules, or in open court ; and then not until the Rules nexi 
after such motion. 

RULE 14. In all cases where judirment shall be .signed for a penalty, satis- 
iaction shall be entered on payment of principal, interest, and costs ; and where the 
.condition is for the performance of something other than the payment of money., 
the Court will order a writ of inquiry upon the condition, to detenniue the real 
;amount due. 

RULE 15. If a motion in arrest of judgment or for new trial is intended to be 
anade, the party shall give notice thereof, aud of his grounds^ within two days af- 
ter verdict. Is'^o motion in arrest of judgment shu 11 be heard after a new trial 
once had ; but the motion in arrest of judgment and for a new trial may, in the 
£rst instance, be made siniultanoously. 

RULE 16. If an order for judgment be taken bo default, or judgment be giv- 
en for plaintiff, on demurrer, the Court, on motou of plaintiff, will assi'ss damages 
if the nction be on a single bill, promit-sory note, bill of exchange, or any written 
-contract, or in all such caies the potit jury, attending the Court, may assess the 
damages, as in case of writ of inquiry at common law. The plaintiff in such case 
shall produce the writing on which the action is founded, but the execution shall 
he co;.sidered as established. 

RULE 17. To prjve:it friul in ent^riu'^ up julgmiiit on warrant of attor, 
ney, no sujchjudr^ment shull be signed unless accompanied with an affidait of th-i 
•debt speciiying the amount actually due, and a legal verification of the letter of 
attorney. And if the warrant be of a date twelve months or more anterior, the all 
iiant shall further swear to his belief that the defendant is still living. 

RULE 18. If a plaintiff take an order for judgment, the defendant may 
iiotwif.iSt uicing file his plea, and take the steps ne:c3iary to liave an issue made 
up if he means to move to set the order aside. The plaintiff in such case shall be 

11. Bar entitled to abstraci o oe Rn e.s on paving Clsrk'.-! fpes. 

13. .'\ll judatr.eni* at term t) laks equal r.ink as to date.— Mauuer of enterius. 
i'i. Jud.^meuis to be eiilera I uj within time soeciflaL'.. 

14. Stiisfactlon t-o b:; entered eii tull D.iyment. 

15. Moiiou in arrest of jndKment or for a r.ew Irial lo be made within two days after revdict. 
10. Wlieu Court glmll asses;* rlamaeas ; when Jary. 

17. Judsiiient not to be signed till affidavit, has been ;aade. 

18, Dofendant n.ay fl o pie;. not\v:ll;9t:ti)dinz ord^r lor ju '.."msnt, an1 mo.ve Lo set ord r oe'iie 



MANUAL. • 45 



Rules in the IT. S. Circuit Court, for South Carolina. 



bound to reply and await the cout nofonc}' of havinfr the order of judgment set 
Rside, in order that there may he no delay in the rveut of setting aside such order 
for judgment. 

RULE 19. Whenever the existance of inisatisfled judgments or mortgages, 
impedes the payment over of moneys levied, and in the Court, or in the hands of 
the Marshal, it shall be sufficient to advertise in some one respictablo gazette, for 
one month, a notice to the parties interested in sucli judgments, to come forward 
and satisfy the Court that such judgments are actually subsisting unsatisfied judg- 
ments. If the parties in interest fail to do this, the Court may order the mouey ta 
Lo paid over to the executions in tlie Marshal's liands. 

RULE 20. Whenever judgment for the recovery of money shall be signed, if 
the defendant or his attorney will indorse upon record his consent that the same 
shall bear interest, the execution may afterwards issue at any time for the amount 
of tLe principal and interest calculated to the return day of such execution. 

RULE 21. No execution shall issue until the Rules nest after the sitting of 
the Court at Avhieh the judgment was obtained. 

RULE 22, The Marshal shall return every e."iecution to the Clerk, with a 
special note indorsed, exhibiting what has been done under each execution, which 
execution and return shall be filed and preserved in the record ; and no new execu- 
tion shall be signed until that previously issued has been duly returned, except by 
special order of a Judge. 

az> O CJ li^ DE3 "27 SS . 

RULE 23. No cause shall be docketed until the issue is made up, except 
where nothing is wanting but similiter, or joinder in demurrer, in which cases, the 
Court will, on motion, at any time during the team, order the necessary entry to 
be made by the Clerk. 

RULE 24. The docket shall be finally made up on the second day of the term, 
and all causes duly docketed snail be called for trial in their order without notice 
of trial. Every cause called at four several terms, and not proceeded in, shall be 
omitted from tlie next dsxket, net to be restored but by order of Coiirt, on cause 
shown ; provided the same has not been continued at defendant's motion. 

RULE 25. Causes to which dilatory pleas or demurrers have been filed, 
sliall be placed on a s?parate part ot the docket, and shall have an early call. 

RULE 26. Causes marked on the docket settled, discontinued, or otherwise 
terminated, shall not again be docketed, without leave of Court, or consent of both 
parties in writing. 

RULE 27. At the opening of the Court, on the first day of the term, the- 



19. Judameiit cre;liiors notified to establish claim. 

20. Judpments may Denr interest, by consent. 

21. Issue of execution del lyeJ till first Rules dav, after Court, 

22. Jlarslial to return exccaiions to Clerii. 

23. Vhen cause may be dock.^te.I. 

24. When docket finally ma le up.— Number o' times cise mas be called. 
26. Ceriain causes to have eriily call. 

26. Cases marked fetiUd, &c.. not, to be a;ain cntsred without s^je^a! leive, o: by coi.3?rit, 

27. Causts to be called in intir order, and Lut suce at, h leim. 



46 MANUAL. 



Rules in the U. S. Circuit Court, for South Carolina. 



Court vrV.l ))roce«d to call ovi^r the dockplcd caus:s for trial, in their order, hegin- 
ninj^ with the issues, and will c\ll the docdict but oiiCe. 

RTLE 28. Either party may docket a cause entitled to be docketed, and 
the parties to every cause duly docketed, 'may Le compelled to trial, witi>out any 
further notice. 

RULE 29. Motio-is for contnuance on the j^iound of absoncc of a witness, or 
tiic Uor.-rouirn of a commission, eh. nil be f cccmj-anied with an afTulavit, statincf 
Avhat the piny expects to prove by the witness or commission, and that he is not 
able to prove the same by any other meaus. Tl c alTidiiVit sjall also shew tliat due 
d ligencj has been used to procure the same, by statng the steps that Jjad been 
taken, or the causes v.'hy the ordinarj' measures liave not Leen puri'uen, to the 
end that the Court may be satisfied, taat tlic jarty making such motion docs not 
affjct delay. 

• RULE 30. A Uixket slnill alio be made of taun P in A\h;ch writs of irqinry are 
to be executed, and no writ of inquirj' shall be executed in a cause not docketed. 

RULE -fl. If it be in any way known to thr plaintilT's attorney, that the de- 
fendant lias an attorney attending on his cause, no writ of inquiry shall be execu' 
tod without reasonable notice given to such attorney. 

IIITLE 32. To all writs of venire, the Marslial or his deputy .'■hall make a re- 
turn on oath to the Clerk, exhibiting in three several columns those jiirors on 
■whom a summons has been served personally, those who have been summoned 
by cojiies or notices left at their houses, and those who could not be found. 

RULE 33. The Clerk shall keep a book in -which shall be entered the names 
of all persons who have been summoned as jurors, or bound in recognizance, and 
have made default; and he shall enter opposite to the name of each defaulter, 
■whether he be lined or excused ; if fined, the amount of the fine, and if excused, 
by ■whom excused ; v/hich book shall be exhibited to the Court at every sitting. 

RULE 31. The Marshal, or his deputy, shall serve a written or printed sum- 
mons on each juror, expressing the day, hour and Court at which he is to appear, 
and also whether ho is to serve as a Conmion Pleas and Petit, or as a Grand Juror. 

RULE 35. Within ten days after the adjournment of each Court, the Clerk 
shall publish in some one public jirint, the names of the defaulting jurors sum- 
moned to attend that term, with a notice, that on the first day of the ensuing term 
they will be fined according to law, unless they make sufficient excuse on oath ; 
which publication shall be continued for three weeks, and shall be a sufficient no- 
tice to such defaulter.^. 



a. Kitlirr p.irty niav docke: d cause. 

83. Motions .''or con !,i nuance ; how siir ported. 

ZO. Kiiquirv ducte*. ; wrii not to be psecu;ed in cinse not docketed. 

SI. lUn.soualjie nouco to lie pivpn Ve'ore Tvri: of inquiry excru!;ed. 

\i. Ii'nr* il 'o mute return on ?;e,'it;'<? .• How classifio I. 

Ki tierk to kepp li'-t of (leraulting j:irors, and cnttr fln.-l di^posuion of case. 

."•I. il'iw t le MsrsJiiil siis'i sn nnmn!" jnrovs. 

Z'>. K,irK«» of c!c:r.t;'iin- .iircr' ;o bo i :i:r In-hed. 



MANUAL. 4T 

Rules in the IT, S. Circuit Court, for South Carolina. 

RULE 36. After dra-w'ing' e^'ery jur}% the Clerk shall fold up the names of tho- 
jurors so drawn, seal the envelope, and indorse the seal with his name, with the 
date of such drawings and the Court and jury for which they were drawn ; which 
paper shall remain sealed until the whole list be dniwn throug^liout 

RULE 37. The jurors shall he summoned from persons legally qualififd un- 
der the State laws, resident within the parishes of St. Philip, St. Michael, Christ 
Church, St. Tliomas, and St. Andrew, for Charleston ; and Richland district for 
Columbia. 

RULE 3S. When a jury cannot be had fnma the persons so summoned, the 
Court will summon a jury de talibufi circuiiistantijus. 

RULE 39. Jurors who have made default, may make oath, to their excuse be- 
fore any State Magistrate, and file the same with the Clerk on or before the first 
day of the ensuing- term- If the excuse hx^ deemed insufticient, the same penalties 
shall be inflicted as are inflicted by the State laws, or they may be moderated by 
the Court, according to circumstances. The mode of collecting fines so' inflicted, 
shall be by attachment as for coaitenrpt. 

RULE 40. Persons above sixty years of ago. shall be excnsed from serving on 
juries ; other excuses must depend on their particular merits. 

RULE 41. In suits on bonds, or other contracts, secured by mortgage, the 
plaintiff may enter his judgment and hftve ]»is execution, as in ordinary cases ; but 
if he proposes to hare the mortgage foreclosed according to the State laws, in 
such case, he shall, at any time pending the suit, or after judgment, file a sugges- 
tion, stating the time when, the parties by whom and to whom the conditions up» 
on which ,'uch moitgr.ge was iiiade, tcgether with a ck'gcriptii n cf the mort' 
gaged property, and all such other particulars as may be necessary to bring" 
all the circumstances of the case befoi-e the Courts after filing which lie shall 
serve on the defendant, or his attorney,- a ten day rule, to shew caiise wliy such 
mortgaged property should not be sold, and unless cause be shewn, an order of 
sale shall pass accordingly. 

RULE 42. Orders of sale of mortgaged property to effect a forcclosnre, shall 
be to the following effect : " That if the defendant shall not within after 

this date, pay to the plaintilif the full amount of principal, interest, and costs, due 
him on that day, the Marshal shall proceed to sell the premises, on a credit of 

months ; the titles to be signed, but not delivered until the money be paid ac- 
cording to the terms of sale ; and if the amount of tho purchase money be not 
paid when due, the Marshal shall re-sell for cash, and on account, and at the risk 
of the former purchaser." 

RULE 43. Sales of lands :-hall take place at the Court-house of the county in 
which the levy is made. Sales of all other kinds of property shall take place on 

36. Naines of jury lo be HCMied uo. 37. Wl o st.all Ve fumircueo ag jurors. 

38. On failure to obtain jury from number PiimmcneO. ho-*- to proceed. 

SU. AfSJavii of uef-aultins juror. Mode ot collecting flne?. 

4") .\Inximnii age ot r-ers'ins li;ible to bo jurors. 

41. Prixeedin^K in Forfclnsnm. 

4'i. >'(ir'n ol order to sell TortfrfTcd uiToerlr. 

43. Whne prtiiertv sl:all bcfo'i'.. 



48 MANUAL. 



Ilules in the U. y. Circuit Court, for South Carolina. 

the premises wliere tlic levy rs made ; but such sales may bo made eltcwhero, by 
consent of parties. 

KUEE 44. Sales of lands by the Marphnl, ur.der cxecutic-n, shall take placo on 
the lirst Wednesday in every month, and after advertising three weeks in any 
public print of respectable circulation nearest tlie ]dace of levy. The property to 
bo Hold shall be sufficiently dcscribt^d, and the parties, plaintiif and defendant, difl- 
tinctly named. 

RULE 45. Surveys of land in any quantity not exceeding two hundred acres, 
shall be laid down by & scale of ten chains to an inch ; if exceeding that quantity, 
by a scale of twenty chains to an inch. 

RULE 40. No survey made under a rule of Court shall be received in evi- 
dence, unless it appear that at least fifteen days' notice of the time and place of 
commencing such survey, was given to the opposite party by or in behalf of the 
party who offcis it in evidence. 

RULE 47. Every surveyor shall represent on his plat as nearly as he can, the 
dsfferent enclosures of the tenants, and extent of boundaries within which each 
party has exercised acts of ownership, by cultivation or otherwise. 

RULE 48. All objections to the regularity or admission of surveys must be 
made before the jury is charged with the cause. 

RULE 49. In all cases iii which a parly thall receive notice of a motion for a 
new trial, or in arrest of judgment, he shall have leave notwithstanding to enter 
up his judgment and lodge his execution to bind property ; but if the motion be 
sustained, the judgment and execution shall be wholly set aside. If either party 
shall die before a decision be had in the cause on such motion, his legal represen- 
tative may enter himself party to the suit on motion, and be entitled to all the 
rights of the original party. 

IF'I^a'ESJS -ia.2»a"33 ^•OjES.DF'ESX'Z'TJI^IESS. 

RULE 50. The Clerk shall keep a regular debit and credit account of all fines 
and forfeitures imposed, and money recovered on recognizances, which account 
shall be exhibited with his list of defaulters, and shall be annually attested. 

oc3iwa:3\a:x®^xoT«3"sE» i^o 3Eszssz.-ia-iw(i:i3sr:E 

RULE 51. Commissions for examining witnesses may be forwarded by mail, 
and when executed may be returned in the same mode ; provided that in the lat 
ter case, the Commissioner who deposits it in the Post-office, certify the same on 
the envelope over the seal, and if deposited by a messenger, and the messenger 

41. When property to De sole, U:e same lo le de'cribRc'., and purtics nameo. 

45. Sciile of surveys. 

\/liep survey may I)er35?iv?d as cviJencs. 

47. What sarve.\or must repve.ient, on plat. 

43. O ijectiiyP to admission of surveys. 

49. .Moti-ais in uiTJst ofjinls'iieii', or for a rew 'rial. 

50. ClerM to Keep .-iccimiit o' fl les -.{nO forleitu.is. 

^1. I. (.mi- isbioiiE In ca, irii-c v itncr'-( s,— May be sent by mai;.— Direttions concernins. 



MANUAL. 49 



Kulcs in the U. S. Circuit Court, for South Carolina. 

rertify the cleliVPl'V to the office. And if it shouhl pass througli any number of 
hands, successively, t])(> same to be done by each, noting every stage of its prog- 
resa, until delivered into the office. 

KULE 52. The time to V>e allowed for the return of a commission from any 
])art of the United States, if not exceeding one hundred miles distant, shall be one 
month ; if at a greater distance, not exceeding five hundred miles, two months ; if 
at greater distance three months. If from anv part of the West-India Islands, 
three months. If from any part of Europe, six months. If from any other quar- 
ter of the globe, it must be judged of sijecially by the Court. 

RULE 53. When a commission i.s returned, it may be oj)ened by leave of the 
Clerk, upon consent of both parties in writing, indorsed on the commission ; and 
after the return of a commission, it shall be the proi)erty of both parties, and re- 
main with the Clerk, to be used by either. 

RULE 64. Either party to a cau.se at issue, or ordered for judgment, wishing 
to sue out a commission to examine witnesses, shall first file a copy of the inter- 
rogatories to be propoimded to the witnesses, and shall give ten days notice there- 
of, accompanied with a co))y of such intexrogtaories to the opposite party, or liia 
attorney ; and each party may name any number of Cmnniissioners, not exceeding 
five, any two of whom shall be competent to examine witnesses, or any one of 
them ; and the cross interrogatories and Commissiohers in behalf of the opposite 
parties, shall be rendered within ten days after such notice. But on application to 
cither of the Judges, or on motion at Rules, commissions may be sued out by plain 
tiffany time after filing his declaration, ov by the defendant, at any time after fil- 
ing his plea, though no issue be made up, and although the ten days' notice be not 
given, provided the same be necessary for the purposes of justice, and will ex- 
pose the opposite party to no risk. 

RULE 55. The defendant, with leave of the Court, may plead as many sever- 
al pleas to the merits as mav be necessary to his defence. 

RULE 56. The defendant shall not plead specially, without the consent of the 
plaintiff, if by the rules of evidence, the special matter can be given in evidence on 
the general issue. 

RULE 57. If the plaintiff amend his declaration so as substantially to change 
his case, or the defence, the defendant shall have the same time to plead de novo, 
as is given in the first instance. 

RULE 58. The defendant shall not plead two dilatory pljas, that is; a second, nfler 
the first has been disposed of. 

RULE 59. If the defendant in debt shall plead 7ion est faHum, or non nssump. 
sit, on a bill of exchange or promissory note, without an affidavit to the truth of 
his plea, the instrument declarco on, shall be produced by the plaintiff, but need 
not be proved. The execution thereof shall be considered as admitted. An exec- 
utor or administrator, in such cases, may make affidavit to his belief. 



52. Time allowed for reiurn of co nmisftion. 

63. How commiBslons shai. be ooened. 

54. Cop/ ol intenoK.Ttories to oe fiied. 

55. Nuinber of pleas ahowal. 

56. Manner o' p euaiiig special matter. 

67. PlainiilT amending, detendant to tuive lime 'o plead (ff novo. 

68. Not to put iM tTTo dii!iior» picas, 

59. Dafendaiil plea'iiuc iion est faciuiib niuit liL- ullid.iTU. 



50^ MANUAL. 



Kules in the U. S. Circuit Court, for South Carolina. 



IIULE GO A j'luiKtift may luivo Umvc to strike out an insue of fa'-t, for tlu- pur- 
pose of filing a general demurrer, on p:iymont of oits, and Hub.nlsiion to suck 
terms as will prevent delay. 

RULE 61. Xeitlu-r jarly tuiall, after jileadin-r. d"num(l the letter of attorney 
of the opposite party. 

RULJi 62. Bail may be required in any sail soiuidiiii^ in eontract. provided an 
affidavit of the sum artually due be attached to ti\c writ, and an order indf>r.sed 
thereon, requiring bail to 'lo taken, in all special cases the order of a judgL> 
shall be obtained. 

RULE 63. The obligation entered into by bail, in a' civil suit, shall be to .surren- 
der the })rincipal, if in life, at any time before the bail sluill become legally fiv{«I> 
or made personally liable for tlie fum sued for in the oiiginal action. 

RULE 64. Bail in civil fruits shall become liable to pay the sum recovered in 
the original action, mxm the return of ?vot/. cd inventus to a ca. sa., or luiUa bonato 
afi.fa. against the principal. And although bail has become fixed, he may have 
the i)rivilege of surrendering his principal in discharge, at any time before judg- 
ment agaiiiet himself, (ui payment of costs and expenses. 

RULE 65. A plaintiff shall not be at. liberty to discontinue against the princi- 
pal, and proceed against the bail, but fliall proceed to judgment and execution 
j^gainst the principal, and may h'ive his election to bring an action on the bail 
bond, or issue a scirf facias against the bail, upon the judgment against the prin- 
cipal, and obtain judgment thereon against the bail. 

RULE 66. Bail to the SheriS need not enter into a recognizance of special bail, 
but may, of right, surrender his ])rincipal to the Sheriff, in office hours, or in open. 
Court. And he shall also be entitled To the aid of the Marshal to retake the prin- 
cipal, upon a written demand to that effect left at the Marshal's office, and advanc- 
ing a reasonable sum to defray all incidental expenses. lie shall be entitled gen- 
erally to all the privileges, rights, and powers, which may be acq-uired by enter- 
ing into a recognizance of special bnil'. 

RULE 67. It shall be in the power of plaintiff, whenever he has a legal right 
t:) acquire bail, to direct the Marshal to make such bail justify before the Clerk 
at Rules, or before some State Magistrate, and the imxeedings atteneting such 
justification shall be duly returned with the writ. 

RULE 6S. Upon the return of an award, o;- umpirage, unde a rule of refer- 
ence, a two day rule shall be served by either party on the other, to shew cause 
v/hy it slnnihl not be allirmed by the Court, and judgment entered tliereon. If 
no sufficient cause be shev.-u, the judgment shall be entire .1, and execution had, as 
in ordinary cases. 

RULE 69 Prisoners shall be confined at one of the ])laces whtTC the Court is 



60. Piaiiiolf may Ftrilcu ouc is.su,>, aa.l flic i:e;ie:al djiiiui'isf. 

61. Opiteis lor bail musl be l:at! noni Jiul^e. 

03. Bail maj surri^niler pvii)cioal be ore bPcomini liable. 

63. Bail liab'e on rocurn o\ non est or nulla bona. 

64. JiKl.meni first lo be oluaiueJ aaainst ur'iicipai, beiore Scire I'ac'tas cui isiue asaiii-st bail, 

65. Bail to Shenfi may suirjudar lu ofiice, or ouen Cou.'t. 

66. Marsnal f-liall assist to retake principal, o.i oav neiu oi exTsenses. 

67. Mavsliai to inake bai' jtistifv. OS. AwarJs, — IIoiV cuiili;'med. 
(lit. V. here U. S, Tinsoners shall be coti Sued. 

7U. Writs of C'ojAas ad retf]i)ondcridi:7n, to be lefunied i;umc liatc'y. 



MANUAL. 51 



Eules in the U. S. Circuit Court, for South Carolina. 



held. If a debtor, he may make his election ; if a criminal, the Marshal shall ex- 
ercise liis own discretion. 

KULE 70. \Vlui:evcr a defendant t-luill l,e in actual confinement, under a Mrit 
■of rapi'in ad ixspoiuh'vdum, the -^Marshal siiall make return of the writ immodi' 
■atelj, that the defendant may sue out a rule on the plaintiff to declare in ten 
Viays after service. If the declaration be not filed within ten days, or at the next 
Rules, the plaintiff shall be non-prossed. But the time to declare may bo extend- 
ed by a Judge, or at Rules, upon cause shewn. And the same means of extermi. 
nating the suit may be pursued at every subsequent stage of the pleading. 

IIULE 71. When the Court is o])en and sitting, no rule or order shall be 
granted which caji be obtained of course before the Clerk, unless upon specia- 
"cause shewn, 

RULE 72. On all rules to shew cause, tlie' party cited shall begin and end the 
argument. But in all special matters, either sj^ringing out of a cause at issue, or 
otherwise, the actor or party submitting a point to the Courts ghall be heard last; 
and generally the actor shall open ai»d conclude the cause. 

RULE 73. No attorney of this Court shall ever attempt to argue or explain a 
cause, after having been fully hoard, and the opinion of the Court has been pro- 
nounced. 

RULE 7-t. Every motion ^or a rnle or oixler shall be submitted in writing, and 
shall be copied into the minutes from the writing submitted. 

RULE 75. In actions of covenant, or on bonds, for the performance of cove- 
nant, the piaintiU may assign as many breaches as he pleases. 

RULE 7G. The Clerk shall issue oubpo3uas for all the witnesses whose names 
are furnished him by the District Attorney, or the defendant, to testify in crimi- 
nal prosecutions. 

RUIiE 77. Mutual existing debt in the same right or rights to recover money 
on contract, express or im]died, may be set oil against each other, upon the defen- 
dants's filing with his plea, a notice and copy thereof ; and if the jury shall find a 
sum or balance due the defendant, he may tile his declaration instanter, and take 
judgment for such balance. 

RULE 78. In order tn avoid bringing causes by management into the Courts of 
the United States, by creating nominal parties distinct from the parties in inter- 
est ; whenever a suit is instituted to try the right to property, real or personal, 
and the defendant will make oath that he susi)ects, and has cause to suspect, that 
The })laintiff has accepted a conveyance of the property from the real and actual 
owner, for the sole jjurpose of bringing a suit in this Court, when the title in fee 
exists in some other person not entitled to sue in this Court, the defendant 
shall not be required to plead to the action, until the facts surmised, and stated in 
tlic defendant's affidavit, be denied on oath. 

71. rin'ej and oroc-is irnst l;e cb uinpd in course, belore ii;e Cleri.. 

12. W.iic 1 r.urtv to h:ivo cos ii^ arguuiPnt. 

1o. Aitmneys ijiav ijoi eruioiii fllt^r ciosin;;, 

i4. Moiicns Biust be siumittod in «riU a. 

Tj. I>;e'ici es o' covei/Hnt ; il;iimi"'mav assign any nii.ajer. 

7G. Clerk lo issue subtosnas lor witnesses. 

1~i. Debts uiav ij« set oQ", aiid joc;/ni3nt eut.^reii lor i)al.an;e, 

'y. buiis uol to be .^roii: ht oy the recovorv ol r^al • r p(-T?oaul rr^jper y, b Gciiiious owner. 



62 MANUAL. 



Rules in the U. S. Circuit Court, for South Carolina. 

RULE 79. In the event of the death of the i)liihitiff to a suit, if no executor 
or administrator apjx'ar to enter himself ])arty to the suit withiji twelve months 
arfteii a suggcstioH- of his death he ent?red of record, the suit shall finally abate. 
And' in the event of a defendant's death, if the plaintiff sue out his summons to 
fhe executor or administrator to enter himself party, and he fail to do so within 
twelve months after service, the plaintiff may sign his judgment against the es- 
tate. 

RULE 80. In actions against two or more defendants, who must by flie rules 
of law be jointly sued, and all of whom would be liable to be sued in this Court, 
if one or more of the defendants be served with legal ])rocess, the rest of the de- 
fendants may be cited to appear, by order of a Judge of this Court, provided no" 
tice of such order, setting forth the cause thereof, be ])ublished three months in 
any one gazette of this Sfete.- with a citation to such defendant to a])pear and 
jilstid' to the action on or before the Rules next after the three months have ex 
pired. And if the plea be not filed accordingly, the plaintiff' shall he at liberty to 
proceed to judgment against the defendant who has been served with the 
pix)cess; and if he be one of a mercantile firm, execution may be levied both on his 
own property, and that of the firm. 

RULE 81. No writ of possession in trespass to try title shall issue Avithout 
leave granted on motion in open Court. 

RULE 82. The attorney on record in this Court in appeals and writs of error 
from the District Court, shall be allowed twenty dollars as a gross charge, and in 
addition thereto, fifteen cents per copy sheet of ninety words, in lieu of all other 
costs ; the Clerk and Marshal, in such cases, shall be allowed the fees allowed by 
law in other cases in suits in the Common Pleas ; and the fees of the Court oi 
Admiralty, upon appeals from decisions in the Admiralty ; but this shall not be 
held as authorizing an additional percentage when money is paid into their hands. 

RULE 83. In all cases of appeal from the District Court in Admiralty causes, 
the evidence must be filed with the Clerk before the appeal be docketed, and 
■whenever the Judge's statement of the evidence is, by agreement to he received 
as the evidence, a consent to that effect must be indorsed thereon, before the 
cause be docketed in this Court. 

RULE 84. In no- case shall the defendant be compelled to plead or answer, 
nntil the plaintiff shall have given security for costs, if notice be given to the 
plaintift''s attorneys, tluit such security will be required ; except where the party 
sues in for Din ji"-^' peris, 

feULE 85. In no case shall the ]>luintiff proceed in his suit, (after writ or pro- 
fess served,) until he has given security (if the same shall be demanded,) for the 
Marshal's and Clerk's fees; and if the security offered shall not be deemed sulfi- 
cient by the said officers, the plaintiff may appeal to the Court. 



T9. buit to ab.iie on deatli of Diaintiff, aiier twelve months; s.ime as to de.enaant, unless the 
sumiiions be served on adminisiraior. 

80. 5[ode oi acunn wlieve two or more delendants ;ire joii.cd.— Hdw execution to be levied. 

81. N\rits ol possession in trespass to try title, only ffiven on motion i;i opfn Court. 
&2. Fees of attorne' s on appeal, also ol C'leri:, and Marsli K 

83. Evidence to be filed before appeal be dockeied. 

^4. Defendant not com-j'ilied to dIcao. till plaliitill'aives security. 

8r). I'lainiitl' to give luci'ipts lor Ck-ru'is , ud >hii><!uu'.s 1l-ll-. 



MANUAL. 



53 



llulos in the U. S. Circuit Court, for South Carolina. 

RULE SO. Attorney.s who liave been admitted into the Supreme Court, or any 
one of the Circuit Courts of tli(> United States, and those who have been admitted 
an tlie State Court, and pi-actised therein for three year,^, or who having been ad- 
mitted to the State Courts shall be found qualified, on examination, shall be ad- 
mitted to jii'acti.se in this Court. 

KULE 87. Only two counsel on each side shall be heairdiiu any cause. One 
for the promovent shall be first heard, ^the two for the respondent. shall follow, 
.and one for the i)roniovenrt close iu argument. 

RULE S8. Ou points of law, gentlemen of the bar shajll .address themselves 
exclusively to the Court. 

RU'LE SS). Before the writ de hoiniiir replerfidrtdo do jssvi'^.an affidavit shall be 
filed with tlie Clerk, stating the jiUrtiutiff's claim to hjs freedom, and his right to 
sue in this Court ; the amount of bail to be given. shtitB be ijidorsed on the writ by 
la Judge of thi.s Court, or'l?y the Clerk at Rules. 

RULE 90. In all causes wlierein no pairticular rules are herein set down, the 
practice of the Court of Common Pleas at Westminster, shall be X)ursued„ soiar 
:as the same be not repugnai/tto tlie above Rules, or the law.s af the State. 

I, Henry Y. Gray, Clerk of the Circuit Court, of the United 
States, for the Sixth Circuit, South Carolina District, do hereby certify, that the 
foregoing Rules are the Rules regulating the practice of the said Court, in suits 
at Common Law. 

Given under my hand and seal, at office, in the City of Cliarleston, Dis- 
trict aforesaid, this first day of November, A. D. one Thousand eight hundred and 
forty-two. 

II. Y. GRAY, Clerk Circuit Court. 

86. Admission 01 At;oriievs. 87. Numoer of counsel to be iieard. 

88. Arsument on l;i"v points, liow adJress? !. 

89. AffiUavii to be filed and bail aive i hefors certain writs shall issue, 
,'90. Bracticeiin-speci.il cases, liow goveineil. 




54 MANUAL. 



Rules in U. S. Courts, in causes of Admirnity, and Maritime Juiisdiction. 



PPi.CTlC[ 



OF THE 



mm OF HE uiiiEo mm, 



IN CAUSES OF 



AOMMiio MnniTifi jyniseicM 



RULE 1. Xo mesne process sliall i.-sue irom the District Cmirt in any mil 
cause of Admiralty and Maritime Jurisdiction, iintil the libel or libels of informa- 
tion shall be tiled in the Clerk's otfice, from ■which such process is to issue. All 
process shall be served by the Marshal or his deputy, or Avhere he or they are in- 
terested, by some discreet and disinterested person appointed by the Court. 

RULE 2. In suits iui personam, the mesne process may be by a simple warrant 
of arrest of the person of the defendant, in the nature of a capias, or by a Avar- 
rant of arrest of the person of the defendant with a clause therein, that if he can- 
not be found, to attach his goods and chattels to the amount sued for, or if such 
])roperty cannot be found, to attach his credits and effects to tiie amount sued for 
in the hands of the garnishees named therein ; or, by a simple monition in the na- 
ture of a summons to appear and answer to the suit, as the libellant shall, in his 
libel or information pray for, or elect. 

RULE 3. In all suits in personam — where a siin]>le warrant of arrest issues 
and is executed, the Marshal may take bail with sulRcient sureties from the party 
arrested by bond or stipulation, upon condition tliat he will appear in the suit and 
abide by all orders of the Court, interlocutory or final, in the cause, and pay the 
money awarded by the final decree rendered there in the Court, to which the proc- 

1. Process sii:ill not is-ue till libel is file.l in the C.pik's ofiicp. 

2. LibelJiint may (lp;:t wlu'tlier to arrest perso:i, or att;;c;i Koodi or creiit<!. 

3. On simple warrant ofiirret!. .^!a'.•^^h;ll may take bail, aid upon S':cli auad mi'i.iiaiy eii-ca- 
tiun mav U.-ue. 



MANUAL. 55 

Rules in U. S. Courts, in causes of Admiraity, amd Maritime Jurisdiction. 



rcss is returnable, or in a;\v appellate Court. And ui-on such bond or r-ti])ulation, 
sumniarv process of execution may and sliall he issuefl against the principal and 
sureties-, bv the Court to wliich such procerfs is returnable, to enforce the final de- 
cree so rendered, or upon appeal by the appellate Court. 

RULli 4. In all suits in ]icrsonara, where goods and chattels, or credits and 
<-fif(>ct.-; are attached, under such warrant autJiorizlng the same, the atta-chmen,i 
may be di.ssolTed by order of the Court to -xrliich tlie same Avarrant is returnable, 
npon the defenda.it, whose property is attached, giving a bond or stipulation with 
sufficient sureties to abide by all orders, interlocutory or final, of the Court, and 
pay the amount awarded by tlio final decree rendered in the Court to which the 
procees Ls returnyble, or in any appellate Court ; and upon such bond or stipula- 
•,tion, summary process of execution, shall and may be issued against the ])rincipal 
and sureties, by the Court to which such warrant is returnablej-rto enforce the 
final decre<? to rendered, upon appeal, by tiie appellate Court. 

RULE 5. Bonds or stl^iulaxions in Admiralty suits ma^- be given and taken 
in open Court, or at Chambers, or before any Commii^ioner of the Court, v.ho is 
■author:7;ed bv the Court to take affidavits of bail, and depositions in ca:es pend- 
ing before the Court. 

RULE 0. In all suits in personam, whcrf bail is taken, tlie Court may, upon 
motion for due cause shewn, reduce the amoiyit oi the sum contained in the 
bond or ^stipulation therefor: and in all cases where a baud or stipulation is taken 
as bail, or upon dissolving an attach.ment of projjerty as aforesaid, if either of the 
siEretifs shall become insolvent pending the suit, new sureties may be required 
by the order of the Court, to bo given, upon motion, and due i:>roof thereof. 

RULE 7. In suits in personam, no warrant of ai-rest, either of the person or 
property of the defendant, shall issue for a sum ejcceeding five hundred dollars, 
unless by the special order of the Court upon affidavit or other proper proof shew- 
ing the propriety thereof. 

RULE S. In all stiits in .rem against a ship, her tackle, sails, apparel, furniture, 
boats, or other appurtenances, if suih are in the possession or custody of any third 
person, the Court may, after a due monition to such third person, and a hearing 
of the cause, if any, why the same should not lie delivered over, award and de- 
cree that th-e same bo delivered into tlie custody of the Marshal or other pro};er 
oificer, if uj;on the hearing the same is rcquiiel by law and justice. 

RULE 5). In all cases of seizure, and in other suits and proceedings in rem, 
-the process, unless otherwise provided for by statute, shall be by a warrant of 
arrest of the ship, goods, or other thing to be arrested, and the Marshal shall there 
upon arrest and take the sliij), goods, or other thing, into his possession for safe 
custody ; and shall cause public notice thereof, and of tlie time assigned for the 
return of such proces.=, and the hearing of the cause, to be given in such news- 
paper within the district as the District Court, shall order, and if there is no 
n'^wspaper jjuhlished therein, then in such public places in tlie district as the 
> '• iirt shall direct. 

4. flow al,achm!'u:s liiiiv v^e Jis.<oivvi^. 

5. B .nds in Afinn.iii^T suits iiay ba 'a'.cen in Court, at cja;n03rs, or bfiort Commiss-ioner. 
,<;. AwiouiiL u' o:ili muy be reduced tor cause shown. 

7. Warrant!: oi une-^t not to be s^r-intsJ in sciis 'or>a!ns pscsedin.a: $500. 

S. li' suits in leai :i!rain?ta sliip. iier tackle, &(*., held by a tni:d person, the Court may order 

tn;! same into tbe custody m tiip t!arsh;il. 
9. Mii;.ii!;r o' profee-.'.inj in suas in rcn. 



56 MANUAL. 



Rules in F. S. Courts, in rauses of Admiraltv, and Maritime Jurisdiction. 



RULE I<). Ii> all cas(\s ^vhol•o any ;,'-()()(ls nr Dtlicr tilings art" arrested, if tlic 
the same are porif^hable, or lial)le to deter oiatioii, decpy or injury, V)y being- detained 
in custody, ])ending the suit, the Court may, upon the api)licaTion of eitlier party, 
in its discretion, order the same, or so mudi tliereof to be sold, as shall be perish- 
able, or liable to depreciation, decay oi- injury, and the proceeds, or so much there- 
of as shall be a full security to satisfy in decree, to be brou<2;ht into Court, to a- 
bide the event of the suit: or the Court may, upon the application of the claim 
ant, order a delivery thereof to liini, upon a due appraisement to be had under its 
direction, either upon the claimant's depositing in Court so mucli money as the 
Court shall order, or upon his giving a stipulation with sureties in such sum 
as the Court shall direct, to abide by and pay the money awarded by the final de- 
cree rendered by the Court, or the appellate Court, if any appeal intervenes, as 
the one or the other course shall be ordered by the Court. 

RULE 11, In like manner, where any ship shall be arrested, the same may 
upon the application of the claimant, be delivered to him vipon due appraisement 
to be had under the direction of the Court, upon the claimant's depositing in 
Court so much money as the Court shall order, or upon his giving a stipulation 
with sureties as aforesaid ; and if the claimant hhall decline any such application, 
then the Court may, in its discretion, upon the apj^lication of either party, upon 
due cause shewn, order the sale of such ship, and the proceeds thereof to be 
brought into Court, or otherwise disposed of, as it may be deemed most for the 
benefit of all concerned. 

RULE 12. In all suits by material men, for new supplies or repairs, or other 

necessaries for a foreign ship, or for a ^hip in a foreign jiort, the libellant may pro 
ceed against the ship and freight in rem, or against tin; master or owner alone in 
]>ersonam : and the like proceeding in rem, shall aj)ply to cases of domestic ships, 
^vhere by the hjcal law a litn is givm to mateiial men tor supi:)lies, repairs, or 
other necessaries. 

RULE 13. In all suits for mariners' wages, the libellant may i)roceed against 
the ship, freight and master, or against the ship and freight, or against the owner 
or master alone, in personam. 

RULE 14. In all suits for pilotage, the libellant may proceed against the ship 
and master, or against the ship alone, or against the master, or the owner alone, 
in personam. 

RUIE 15. In all suits for damage by collision, the libellant may proceed 
against the ship and master, or against the ship alone, or against the master, or 
the owner alone, in personam. 

RULE 16. In all suits for an assault or beating on the high seas, or elsewhere, 
within the admiralty and maritime jurisdiction, the suit shall be in personam 
only. 

RULE 17. In all suits against the ship or freight, founded upon a mere mari- 
time hypothecation, either express or implied, of the master for moneys taken 

10. Proceedings in cases of arre«t, where goods are parlsliable. 

11. Wiiere sliip is .irresied, claimant mav recover snm'i on dppo'sitinz va'iie in Court. 

12. ReaardiicK suits tor supoiiea luinisned. or repair:5 made. 
18. I'i-ocei;dins>i to recuvcr manners wages. 

]4. Suits for PiiotaKP. 15. Pairs lor Jam.taes Dy collision. 

16. Suits for a:isauU upon the high seas. 

17. Suits where li^pl am maj elect liow lo proceeo. 



MANUAL. 57 



Rules in U. S. Court.s, in causes of Admiralty, and Maritime J iirisdiction. 

lip in foreign port for supplies or repairs, or other necessaries for the voyapfe, 
without any claim of marine interest, the libellant may proceed either in rem, or 
against the master, or tlie owner alone, in ])ersoiiam. 

RULE 18. In all suits on bottomry bonds, proi>erly so called, the suit shall be 
in rem only agauist the proi)erty h_vpot]iecated, or the proceeds of the property in 
whosoever hands it may be found unless the master has, without authority, giv- 
en the bottomry bond, or by fraud or misconduct has avoided the same, or has 
substracted tiie proj)erty, or unless the owner has, by his own misconduct or 
wz'ong. lost or substracted the projierty, in which latter cases the suit may be in 
personam agamst the wrong-doer. 

RULE 19. In all suits for salvage, the suit may be in rem against the property 
saved, or the proceeds thereof, or in personam against the party at whose request 
and for wlios(> benefit the salvage seivire has been i)erformed. 

RLTLE 20. In all petitory or possessory suits between ])art owners or adverse 
proprietors, or by the owners of a ship, or the majority thereof, against the mas- 
ter of a ship for the ascertainment of the title and delivery of the possession, or 
for the possession only, or by one or mi^re i)art owners against the others to ob- 
tain security for the return of the shij) from any voyage undertaken without tlieir 
consent, or by one or more part owners against the others to obtain possession of 
the ship for any voyage, upon giving security for the safe return thereof, the jiro- 
cess shall be by an arrest of the ship, and by a monition to the adverse party or 
l^arties to appear and make answer to the suit. 

RULE 21. In all cases where the decree is for the payment of money, the li- 
bellant may, at his election, have an attaclnnent to compel the defendant to per- 
form the decree, or a writ of execution in the nature of a capias and of & fieri fa- 
cias, commanding the Marshal or his deputy to levy the amount thereof of the 
goods and chattels of the defendant, and for want thereof to arrest his body, to 
answer the exigency of the execution. In all other cases, the decree may be en- 
forced by an attachment to compel the defendant to perform the decree ; and up 
on such attachment the defendant may be arrested and committed to prison until he 
])erforms the decree, or is otherwise discharged by law, or by the order of the 
Court. 

RULE 22. All informations and lil)els of infirmation upon seizing for any 
breach of the revenue or navigation, or otlier laws of the United States, shall 
state the place of seizure, whether it be on land, or on the high seas, or on navi- 
gable waters within the admiralty and maritime jurisdiction of the United States; 
and the district within which the property is brought and where it then is. The 
information or libel of information sluill also propound in distinct articles the 
matters relied on as grounds or causes of forfeiture, and aver the same to be con- 
trary to the forms of the statutes of the United States in such case provided, 
as the case may require, and shall conclude with a prayer for due 2>rocess to en- 
force the forfeiture, and to give notice to all persons concerned in interest to ap- 
pear and show cause at the return day of the process, why the forfeiture should 
not be decreed. 

18. Suits on bottofDry bonds. 

19. buii« lor snlvaca. 

"20. bulls between uart owners, rpgunlinz posses ;io n ofsiip. 

21. Manner o' enforcins money ilecrces. 

22. Muiujer '.>l diuvtiug libels ul" loloim iiion. 



58 . MANUAL. 



JRules in U. S. C-ourts. in causes of Adaiiralty, ami ilaratime Jurisdiction. 

RUIjE 2;) All lihi'I.s in instance causes, civil or maritime, shall state the nature 
of the cause, as for exam;)le, tliat it is a cause civil or maritime, of c(mtract, or u^ 
tort or damay-e, or of salvage, or of possession or otherwise, a.s tlie case may be, 
and if the libel be in rem, that the property is within the district ; and if in ])erso- 
nam, the names , the occupations and plac(;s of residence of the j/arties. The li- 
bel shall al.-5i» i)ri>piund and articulate in distinct articles the various ai!e;i,'ations of 
facts, upon which the libellent relies in support of his suit, so that tiie defendant 
may be enabled to answer distinctly and sei)aratcly the several matters coritained 
in -each article ; and it shall conclude witli a prayer of the process in Xi.n\, or 
in personam, (as the case may require, ) and for such relief and redress as tlu; 
( •curt is competent to gve in th? premise.^ And the libellant may further r(>- 
quire the defendant to answer on oath all interrogatories pro])ouaded by him 
touching all and singular the allegations in the libel, at the close or conclusion 
thereof. 

RULE 2L In all informations and libels in causes of admiralty and maritime 
-jurisdiction, ameudnients in matters of form maybe made, at any time, upon motion 
to the Court, as of course. And new counts may be filed^ and amendments in mat- 
ters of substance may be made upon motion at any time before the final decree, 
upon such terms as the Court shall impose. And where any defect of form is set 
down by the defendnat upon special exceptions, and is allowed, the Court may, in 
granting leave to amend, impose terms upon the libellant. 

RULE 3>. In all cases of libel in ]iersonani, the Court may, in its discretion, u;)- 
on the appearance of the defendant, where no i)ail has been taken, and no attach- 
ment of property has been made to answer the exigency of the suit, rcqvire the 
defendant to give a stipulatioji whh sureties in such sum as the Couit shall direct, 
to pay all costs and expenses which shall be awarded against him in the suit, n\>- 
on the final adjudication thereof, or by any interlocutory order in process of the 
suit. 

RULE 20. In suits in rem, the party claiming the property shall verify his 
claim on oath or solemn affirmation, stating that the clai.nant, by whom or on 
Avhose behalf the claim is made, is the true and bona fid:', owner, arid that no oth - 
■er person Is the owner thereof. And Vvdw^rc such claim is i)ut in by an agent 
■or consignee, he shall also make oath, that he is duly authorized thereto by the 
owner, or if the property be at the time of the arrest in the possession of the mas- 
ter of a slii]), that he is the lawful bailee thereof for the owner. And upon put- 
ting in such claim, the claimant shall file a stipulation with sureties in such sum 
■as the Court shall direct, for the payment of all costs and expenses which sh.all be 
"awarded a])ainst him, by the final decree of the Court, or upon an apjieai, by the 
appellate Court. 

RULE 37. In all libels in causes of civil and maritime jurisdicti(m, whether in 
rem or in ])ersonam, the answer of the defendant to the allegation in the libel 
shall be on oath or solemn aflirmation ; and the answer shall be full and exjilicit 
and distinct to each separte article and separate allegation in the libel, in tin? 
same order as numbered in the libel ; and shall al=o answer in like manner each 
interrogatory propounded at the close of the libel. 

S.3. labels to state disinictly e en alleged cuuse torproceedina:. ana end with pr.iver, &c.. 

24. Inlormation!!, and )i)f)is. — how ainaiulRd. 

ai. Wliere lo iitlacunent is made. deCeiidant shi;2l srive security. 

26. Party or aire'it fl,iiu:ir.{; piopenj, to mike ou'li lo claiji. 

•j7. Aii'-vNC'i cf'detemluni nKi>t bt; s V'lri) lo. 



MANUAL. 59 

lliilcs in U. S. Courts, in causes of AcUniralt.v, and Maritime Jurisdiction. 



RULE 28. Tlio libellant may cxce;)t to the sufTicionoy or f alnesfi, or distinct- 
ness or relevanry of the answer to the articles and interon-at(n'ies in the libel ; and 
if the Court shall adjudge the same exceptioui^, or any of them to be good and 
valid, the Court shall order the defendant fortlnvitli, witliin such time as the 
Court shall direct, to answer the same, and may further or;!er the defendant to 
])ay such costs as the ('nirt shall adjudge rea.-')nabl:\ 

RULE 2;). If tai- defendant shall omit or refuse to make due answer to the li- 
l)el upon the ret a I'u day of the process, or other day assigned by the Court, the 
Court shall ])roa!iuiu\' him to be in contumacy and defaull, and Thercii]>on the li- 
bel shall l)e a(ljud^:ed to biMaken ;;/•« r^«/e."?«c> against him, and the Court shall 
]n-oceed to hear the cause e.r partt', and judge therein as t > law and justice shall 
ap])ertain ; but the Court nuiy, in its discretion, set aside th.e default, and upon the 
ap])lication of the defendint, admit him to make answer to the libel at any time 
before the final hearing and decree, upon his payment of ail l!ie cr)sis of the suit 
up to the time of granting leave therefor. 

RUIjE oO. In all i-ases where the defendant answ.U'S, but does not answer ful- 
ly and explicitly, and distinctly, to all the matters in any article of the libel, and 
exception is taken thereto by the libellant, and the exception is allowed, the Court 
may, by attachment, compel the defendant to make fui'ther answer thereto, or 
may direct the matter of the exception to be taken ^jro confesso against the defend- 
ant to the full ])urport and elTect of the article to v.hidi it purports to answer, aiul 
as if no answer had been put in thereto. 

RULE ?)1. The defendant may object by his answer to answer any allegation 
or interrogatory contained in the libel which will expose him to any prosecution 
or punishment for a crime, or for any penalty or for any forfeiture of his property 
for any penal ofl'ence. 

RULE 33. The defendant shall have a right to i^equire the pfrstmal answer of 
the libellant upon his oath or solemn atFirmation, to any interrog-atories which he 
may at the close of his answer propound to the libellant, touoliing any matters 
charged in the libel, or touching any matter of defence set up in the answer, cul> 
ject to the like exception as to matters which shall expose the libellant to any 
])rosecutiou or punishment or forfeiture, as is provided in the 31st Rule. In de- 
fault of due ansv>'er by the libellant to such interrogatories, the Court may adjudge 
the libellant to be in default and dismiss the libel, or may compel his answer in 
the premises by attachment, or take the subject-matter of the interrogatory prr>- 
confe.s'sa in favor of the defendant, as the Court, in its discretion, shall deem mo.nt 
lit to promote public justice. 

RULE 33. Where either the libellant or the defendant is out of the country 
f)r unable frojn sickness or other casualty, to make an answer to any interrogatory 
on'oath or solemn affirmation, at the proper time, the Court may, in its discretion, 
in furtherance of the due administration of justice dispense therewitli, or may a- 
Avard a commission to take the answer of the defendant when and as soon as it 
may be practicable. 

23. Libsl'.ant mav escctn ;o r.iiswer. 

29. MMien bill may b*- iuljmljrecl to be t.iken pro confesso. 

•"JO Convt D'ay comre! defentlant "o irase Uu'ilier answer. 

31. De'o'i'-aii not co ippilPi' to cri'niirate liimsel', by In' an=;wer to alienations. 

32. Defendant may requii-e libi>ihint tn aiSAti interro:iatoii23 uDon oaio. 

33. In ab?ei'',:c of eiibei pariy, C^:\\vi ni'.v awarj a coinu'ission, to lake answjr. 



60 MANUAL. 



Rules in U. S. Coiirts.an causes of Admiralty and Maritime Juriedjction. 



RULE 34. If any tliinl poison phall intorvciie in any rausc of admiralty and 
nuiritime Ijurisdictioo: Lii rem. for liis o\vu interest, and he is entitled, according to 
the conrse of admiralty proceedings, to be heard for his own interest therein, he 
shall pr()i)oand the lUJbtter in suitable allegations, to which, if admitted by the 
Coiirt, the other party or jmrties in the suit may be reqiiired, l)y order of the 
Court, to make due answer..; and such further other proceedings shall be had, 
and decree rendered by the Coui-t therein, as to law and justice shall appertain. 
But every such intervenor shall be recjuired upon filing his allegations to give a 
stipulation with sureties to abide by the final decree rendered in the cause, and to 
pay all such costs and expenses and damages as shall be awarded by the Court up- 
on the final decre(% whether it is rendered in the original or a^fipeTlaie C«urt. 

RULE 35. Stipulations in admiralty and maritime suits may be taken in open 
Court, or by the prepcr Judge at Chambers, or under his order, by any Commssion- 
er of the Court, who is a standing Commissioner of the Court, and is now by law 
authorized to take affidavits of bail, and and also depositions in civil causes pend- 
ing in the Courts of the United States. 

EULE 30. Exception may be taken to any libel, allegation or answer for sur- 
plussage, irrelevancy, impertinence, or scandal, and, if upon reference to a mat- 
ter, the exception slnill be reported to be so objectionable, and allowed by the 
Court, the matter shall be expunged at the cost and expense of the party in whose 
libel or answer the same is found. 

RULE 37. In cases of foreign attachment, the garnishee shall be required to 
:unswer on oath or solemn affirmation, as to debts, credits or effects of the defend- 
ant in his hands, and to such interrogatories touching the same as may be ])ro- 
poundcd by the libellaut ; and if he shall refuse or neglect so to do, the Court may 
award compulsory process in personam against him. If he admits any debts, cred- 
its or effects, the same shall be held in his hands liable to answer the exigency of 
.the suit, 

KULiE 38. In cases of mariners' w»»es, or bottomry, or salvage, or other pro- 
>ceedangs in rem, where freight, or other proceeds of property are attached to or 
■scve bound by the suit, which are in the hands or possession of any person, the 
CJourt may, upsn due application by petition of the party interested, require the 
party charged with the possession thereof to appear and shew cause, why the 
same should not be brought into Court to answer the exigency of the suit ; and if 
no sufficient cause be shewn, the Court may order the same to be brought into 
Court to answer the exigency of the suit, and ui)on failure of the party to comply 
with fhe order, may award an attachment or other (Cfcmpulsory process to compel 
obedience thereiox, 

RULE 39. If in any admiralty suit, the libellant shall not appear and prose- 
cute his suit according to the course and orders of the Court, he shall be deemed 
in default and contumacy, and the Court may, upon the application of the defend- 
ant, pronounce the suit to be deserted, and the same may be dismissed with costs. 

34. liecarding the Intervention of a third person. 

35. S'icui.itions may be taken in open Ci'Urt, nt Ciiambers, orbeTore a Commissioner. 
Sa. Exceptions to a libel, or answer, li'iw disposed or. 

37. In cases ol forelcu attachment, Karniiaee sliall make oath as to prooert.v in his bands. 

38. In suits lor manners' waces. &c., the party i oldinx property of deiemlanis, mav be com- 
pelled to unii'j; li into Court. 

39. Libellant taiiiiiE to arpear an 1 prosecnte, shall be .Icemed Iti default. 



MANUAL. 61 



Kules in U. S. Courts, in causes of Adm :ralty,and Maritime Jurisdiction. 

RULE 40. The Court may, in its discretion, upioiv the motion of the defendant 
and payment of costs, rescind tliie decree in any suit in whicli. on account of his 
contumacy and default, the matter ol' the ]il>e! sliall have been decreed against 
him, and grant a rc-hearing thereof, at auy time witliin ten days after the decree 
has been entered, the defendant submitting to such further orders and terms in 
the premises as the Court nuiy direct, 

RULE 41. All sales of i)ropei!ty iinder any decree in admiralty, shall be made 
by the Marshal or his deputy, ot other proper otficer assgned by the Court, where 
the Marshal is a party in interest, in pursuance of tliR orders of the Court, and the 
]iroceeds thereof , when sold,sljall be forthwith paid into the registry of the Court 
by the officer making the sale, to b^ d'sposed of by the Court according to law. 

RULE 42. All moneys paid into the registry of the Court, shall be deposited 
in some bank designated by the Court, and shall be so deposited in the name of 
the Court, and shall not be dravvn out except by a check or checks signed by a 
Judge of the Court, and countersigned by the Clerk, stating on whose account and 
for whose use it is drawn, and in what suit, and out of what fund in particular it is 
])aid. The Clerk shall keep a regular book containing a memorandunr and copy of 
all the checks so drawn and tl\e date thereof. 

RULE 43. Any person having an interest in any proceeds in the registry of the 
Court, shall have a right by petition and summary proceeding to intervene per in- 
teresse suo, for a delivery thereof to lum ; and upon due notice to the adverse par- 
ties, if any, the Court shall and may proceed summarily to hear and decide there- 
on, and to decree therein according to law and justice : and if such petition or claim 
shall be deserted, or upon a hearing be dismissed, the Court may, in its discretion, 
award costs against the petitioner in favor of the adverse party, 

RULE 44. In cases where the Court shall deem it exjiedient or necessary, for 
the purpose of justice, the Ctmrt may refer matters arising in the i:)rogress of the 
suit, to one or more Commissioners to be appointed by the Court, to hear the par- 
ties and.make report therein. And siich Commissioner or Commissioners, shall 
have and possess all the powers in the premises, which are usually given to, or 
exercised by Masters in Chancery, in references to them, including the power to ad- 
minister oaths to, and examine the parties and witnesses touching the premises, 

RULE 45. All appeals from the District to the Circuit Court, must be made 
while the Court is sitting, or within such other period as shall be designated by 
the District Court by its general Rules, or by an order specially nuide in the par- 
ticular suit. 

RULE 46. In all cases not provided for in the foregoing Rules, the District 
and Circuit Courts are to regulate the practice of the said Courts, respectivelv, in 
such manner as they shall deem most expedient for the due administration of jus- 
tice in suits in admiralty. 

These Rules shall be in force in the Circuit and District Courts of the United 
fj^tates, from after the first day of September next. 

It is ordered by the Court, that the foregoing Rules be, aiul they are ado])ted 
and promulgated as Rules for the regulation and government of the Circuit Court* 

40. Deitndant mav move to rescind dec-ee in certain cases. 

41. Mijrshal to sell proD-TCy in Admirjliv canses. 

42. How rrcney realized to be disptsed o.'. 

43. How party interested may secure his share of procee is. 

44. Matters brought into <Jcur', niaj be referred lu (.^ommi^sioiiers. 

45. Appeals from District to Circuit Court, when to do innde. 
40. PioceeUitigs in cases not lerein providel for. 



G2 MANUAL. 



Rules in U. S. Courts, in onuses of Adm rally and Maritime Jur sdiction. 



iiud IH?trict Courts of llie United States, in suits in ailminilly on tlio instance side 
of the Courts. 

SUPI4EME C()UT?T UnITKD STATES, ) 

December Term, 18 il. ) 

Additional Rules in Coukto ok Ai>mi!;alty, ADoymo since 1814. 
KULE 47. In all suits in personam where a simple Avarnmt of arrest issues 
;>n(! is executed, bail shall be taken by tbe Marshal and the Court in those cases 
oiilv in which it.is re:iuircd by the l.iw/, of t'.ie State whore an arrest is made, upon 
similar or analogous process issuing from State Courts. And imprisonment for 
debt, on process issuing out of the admiralty Court, is abolished in all cases, where 
bv the laws of the State in v/iiich tlie Court is hehl, impris<nimcnt for debt has 
been or shall be hereafter, abolished, upon similar or analogous process issuing 
from a State Court. 

KULE 48. The £7st lUilc thall not ajply to cases where the sum of value in 
dispute does not exceed fifty dollars, inclusive of costs, unless the i)roceediugs pre- 
scribed by that rule are necessary for the i)urposes of justice, in the case before tho 
Court. All rales and parts of rules heretofore ado;>ted inconsistant with this 
order are hereby repealed and annulled. 

RULE 49. Furtlier proof taken in a Circuit Court upon an admiralty apjieal, 
shall be bv deposition taken before some Clommissiouer, appointed by a Circuit 
Court Judge, })ursuant to the Acts of Congress in that behalf, or before some 
officer authorized to take depositions by tho 3Jth Section of the Act of Con- 
gress of the 24th of September, 1789, upon an oral examination and cross-exami- 
nation unless the Court in vvhidi such appeal shall be pending, or one of tin; 
Judo'es thereof, fclnill upoii motion allow a Commission to issue to take such 
depositions upon written interrogatories and cross-interrogatories. When such 
deposition shall be taken by oral examination, a notification from the Magistrate 
before whom it is to be taken, or from the Clerk of the Court in which such appeal 
1)8 pending, to the adverse party to be present at the taking of the same, and to 
put interrogr-t-'i'les if he think fit, shall be served on the adverse party, or his 
attorney, allowing time for their attendance after being notified not less than twen- 
ty-four hours, and in addition thereto one day, Sundays exclusive, for every twenty 
miles travel : Provided that the Court in which such appeal may be pending, or 
either <if the Judges thereof, may upon motion, iucrcase or diminish the length of 
notice above required. 

RULE 53. When oral evidence shall be taken down by the Clerk of the Dis- 
trict Court, i)ursuant to the above mentioned Section of the Act of Congress, and 
shall be transmitted to tlie Circuit Court, the same may be used in evidence on 
the appeal, saving to each party the right to take the depositions of the same v.it- 
nesses or eifncr of them if he should so elect. 

RULI'j ol. A\'hen Hie dcfendaul in his answer, alleges new fads, these shall 
be considered as denied by the libellant, and no replication, general or special, 
shall be allowed. But v>'ithinsuch time after the answer is filed, as shall be fixed 
by the Distnct Court, either by general rule or by special order, the libellant may 



47. Biiil to be tnken by Court, or Marslia), in iiccorcUance wiUi State 1;ims. Impi-isonment 'or 
nebr, in Adinir;illv c.isf s jiDclis' e^l. wlierevcr State lau'S will permit. 

48. Piirts of cerUiia previous Ilules repealud iinJ anniilied. 

49. -Manner of takinn o/oot in avps..! cases in Alniiralty; to bcbefoie a Commission. 
60. Evit'ence iikeTi by Clsri in District Cour", may be uscJ in (.iixuit Court, on appeal. 
51. No leplicalioii?. i;e ici-.ii c r speciul, to be allowcil. 



MANUAL. 63 



Rules in U. S. Courts, in causes of Adm rnltv, and jNlaritime Jurisdiction. 

amend liis libel so as to confess and avoid, or explain or a<Id to the nsw niattfirs 
t;et forth in the answer ; and ■JFithin such time as may be fixed in like manner, the 
defendant shall answer such amendnieu'ts, 

RULE 53. The Clerks of the District Courts shnli mako u^.i tiie r -cords to he 
transmitted to the Circuii Courts on appeals, so ihat the s:un • s.iall coutaia the 
following: : 

1. The style of the Court. 

2. The names of the p.irties. settiiig forth the original parties, and those who 
hr.ve become parties b^dbi-e the Ap[»eal, if any chanfie lias taken place. 

3. if bail was taken or property was attacliod or arrested, the process of arrest 
or aitachment an 1 the s.-rvice tiicrjof, all bail and stipulations, and if any sale has 
been made, tiie oriers,w:irrants aud ren srts relating thereto. 

4. The libel, witii exhi' its ann 'xed thereto. 

5. Tlie p'eading-s of the detondaut, wi.h the exhibits annexed thereto. 

G. The testimony on the part of the libellant; and any exhibits not annexed to 
the lib-]. 

7. The testimony oa the part of tlie defendant, and any exhi jits not annexed tO' 
his pleidingfg. 

8. Any order of the Court to which exception ,vas made. 

9. Any report of an assessor or assessors, if excepted to, with the orders of 
Court respectin^r t!ie same and the exceptions to the report. If ihe report was not 
excepted to, only the fact that a reference was made, and so much of the report as 
sho">v3 what results were iirrived at by the assessor, are to b3 stated. 

10. The final decree. 

11. The prayer for an appeal, and the actiOTi of the District Court thereon ; aud 
no reasons of appeal shall be filed or iuserted iu ihe transcript. 

The followinpf siiall be omitted ; 

1. Thccoatinaances. 

2. All motions, rules ani orders not excepted to, which are merely x^reparatory 
for tr'.al. 

3. Tlie Coamiissions to t dve depositions, notices therefor, t'leir captions and 
certificates of their leui<; sworn to, utiless some exception to a deposition m the 
Dis.rict Court was fou uied on some one or more of those ; in which case so much 
of oillicv of theju as may be invoived in tlie exception sha.l be set out. In all 
o'.hercas^s it s'lall lie suiilc:ent to f^:Ve the name of the witiur»sjs, and to copy the 
inlerrojratories a id answers', and to state tlie name of tlie Commissioner, and the 
])laco where and the date w.ien t!ia deposition was sworn to ; aid i.i copying tlio 
depositions taken on intLrroj^atoiics, the answer shall be inserted immediately fob 
lowing the question. 

The Clerk of the District Couit shell pag-a the copy of the record thus male up. 
aud shall make an index thereto, and he shall certify tlie entire document at the 
end tluTeo", under tlie Seal of tlic Court, to be a trauscr,;)t of the record of the 
District Conn in the cause named, at the becinniug of the copy made up pursuant 
to this rule ; and no other cMifiealo of tlic record shall be uccdiul or inserted. 

RULE 53. ^^'llenever a cross-libel is filed upon any counter claim arising out 
of the same cause of action for wnich tuc original libel was file.l, the defendants 
in the cross libel s'.iall give secur.ty in the cqaal amount and form to respond iu 
damages, as claimed in said cross libel, unless the Court on cause suown shall oth- 
erwise direct ; and all proceedings upon the ori^riaal libel shall be stayed until such 
security shall be given. 



o3. What the record sent uo .<'rom District; to Ciicuii Ccui t on auce^l, sli 11 coiitaia. 
53. Kesiiouclenis in s cross lib. 1 to siv;.' sccuiitj tor rosis ami oaniascs. 



64 MANUAL. 



Ivules ill U. S. Courts, in Eqn ty. 



OF THE 



COURT OF EQUII! OF W UMITFO STATES, 



PROMULGATED BY THE SUPREME COURT OP THE UNI- 
TED STATES, JANUARY TERM, 1842 : NOW OF FORCE. 



3F»Il3S3XjIIWi::E:a?J"-<5L3E5.-'Sr Xl.3SSC3rXT3LB-A.TS:03VJS. 

RULE 1. Tlie Circuit Courts, as Courts of Equity, shall be deemed always open 
for tli3 purpose of filing bills, answers and otlier pleading-s, for iesiiiiig and return- 
ing mesne and final process and commissions, and for m-.'king and directing' all in- 
terlocutory motions, orders, rules, and otiicr i)roccediag6, preparatory to the hear- 
ing of all causes upon their m.^rits. 

RULE 2. The Clerk's office shall be opeu, and the Clerk shall bo in attendance 
therein on the first Monday of every month, for the purpose of receiving, entering, 
entertaining-, and disposing of all motions, rules, orders, and other proceedings, 
which are granted of course and applied for, or had by the parties, or their solic- 
itors, in all causes pendmg in equity, in pursuance of the rules hereby prosciioed. 

RULE 3. Any Judge of the Circuit C.nirt, as well in vacation as in term, may 
at Chambers, or on rule days, at the Clerk's office, make and direct all such inter. 
locutory orders, rules, and other proceedings, preparatory to the hearing of all 
causes upon their merits, in the same manner, and with the same effect, as the 
Circuit Cou^ t could make and direct the same in tenn, reasonable notice of the 
application therefor beii u" first given to the adverse party, or his bolicitor, to ap- 
pear and shew cause to the contrary at thi next rule day thereafter, unless fiom3 
other time is assigned by tlie Judge for the hearing. 

RULE 4. Ail motions, rules, orders, and other proc cdings, made and directed 
at Chambers, or o:i rule days at the Clerk's office, wliether special or of course, 
shall be entered by thi Clerk in an order book, to l)e kept at the Clerk's office, ou 
-. '.Pi day when they are made and directed — wbich book shall be open for inspec- 
ti ;ii of tlie parties in any suit in rquity, and their solictors. And except in cases 
where personal or other notice is specially required or directed, such entry in tlio 

1. Circuit Courts as Courts ofEquitv, always open lor business. 

2. Rules in Clerk's office on first Monday in every moiilli. 

3. Judge?, :'t C haniDers, or Clerk's oflfi>.e, mav m- 'us orders or rn'.es. on due notice to parties. 
4 0.-(if rs, rules, &c., to be tntered ni Clerk's order book, wliicli shall be opeu tor inspection 

o/all jartiea inteiestcc. l-^utrj?? in order book 'o bs deemed a notice to parties. 



MANUAL. 65 



Rules in U. S. Courts, in Equity. 



order book sliall l)o deemed suflicie >t notice to tiio parties and their solicitors, with 
out further serv ce thereof, of all rules, acts, notices, and other procedingrs, entered 
h\ such order book, touching any and all tlie matters in the suits, to and in which 
tlicy are parties and solici tors. And notice to the solicitors shall be deemed no- 
tice to the parties for whom taey a:ppear, and whom they represent, in all cases 
where personal notice on the parties is not otherwise specially required. Where 
the solicitors for all the parties in a suit reside in or near tlie same town or city, 
the Judges of the Circuit Couit nniy, by rub', abridge the time for notice of rules, 
orders, or other proceedings, not re(iuiring pcr.-^onal service on the parties, in their 
discreti(ni, 

RULE o. All motions and ai)i)lications in thii Clerk's otFice, for the issuing of 
mesne process and final process to enforce and execute decrees, for filing bills, an- 
6wers, i^leas, demurrers, and other pleadings ; for making amendments to bills 
and answers ; for taking bills p?"0 coiifcsfso ; for filing exceptions, and for other pro- 
ceedings in the Clerk's office, which do not, by the rules hereinafter prescribed, re- 
tjuire any allowance or order of the Court, or of any Judge thereof, shall be deenv 
ed motions and applications, grautable, of course, by the Clerk of the Court. But 
the same may be suspended, or altered, or rescinded by any Judge of the Court 
upon a special cause shewn. 

RULE 6. All luc/tions for rules or orders and other ])roceedings, which are not 
grantable of course, or without notice, shall unless a different time be assigned by 
ji Judge of the Court, be made on a rule day, and entered in the order book, and 
shall be heard at the rule day next after that on which the motion is made. And 
if the adverse party, or his solicitor, shall not then appear, or shall not shew good 
cause against the same, the motion may be heard by any Judge of the Court ex 
2)t(/'te, and granted, as if not objected to or refused, in his discretion. 

i=» :ex o c; E! SI s . 

RULE 7. The process of subposna shall constitute the proper mesne process in 
all suits in equity, in the first instance, to require the defendant to appear and an* 
swer the exigency of the bill ; and unless otherwise provided in these rules, or 
specially ordered by the Circuit Court, a writ of attachment, and if the defendant 
cannot be found, a writ of sequestration, or a writ of assistance, to enforce a deliv- 
ery of possession, as the case may require, shall be the proper process to issue, for 
the purpose of compelling obedience to any interlocutory or final order or decree 
of the Court. 

RULE 8. Fiuiil ]irocess to execute any decree, may, if the decree be solely for 
the payment of money, be by writ of execution, in the form used in the Circuit 
Court m suits at common law, in actions of assumpsit. If the decree be for the 
lierformance of any specific act, as, for exauiple, for the execution of a conveyance 
of land, or the delivering up of deeds, or other documents, the decree shall, in all 
cases, prescribe tlie time within wdiich the acts shall be done, of which the defend- 
ant shall be bound witliout further service to take notice ; and upon affidavit of 
the i)laintiff, filed in the Clerk's olfice, that the same has not been complied with 
Avitliiu the prescribed time, the Clerk shall issue a writ of attachment againtt the 
delinquent party, from which, if attached thereon, he shall not be discharged, un- 
less upon a full compliance with the decree and the payment of all costs, or up- 

5. Motions or orders praiiied in course by Cleiks maj be retcihded by a Jiulge. 

6. Motions for orders to be niiide and entered on a rule day, and beard on next rules day, 

7. Writ 01 subpcEiia to be tbe tiisl ptocess iu suits iu liquity. 

8. Final process to be by wi-it of ex3cuiioa. 



66 MANUAL. 



Uules ill U. S. Courts, in Etjiiity. 



<1n a special onler of the Court, or a Judiic Ihcreof, ui)oii inotioii and affidavit, cn- 
larp^ing the time for the pprforiiiauce thereof. If the delhxiueiit ]iarty cannot b(^ 
found, a writ of swiuestration shall issue against liia testate upon the returnof 
-non cat inTentnn, to eomjjel obedience to 'the decree. 

KULE 9, When any decree or order i» for'thft (delivery oi possession, upon 
proof made by atfidavit of a demand and refusal to obey tlie decree, or order, the 
party prosecuting the same shall be entitled to' it' writ of assistance from the 
Clerk of the Court. 

RULE 10. Every person not being a i)arty in any catise, Avho has obtained an 
order, or in whose favor an order shall have been made, shall be enabled to en- 
force obedience to sitch order by the sanu; process, as if he were a iwirty in tlie 
cause ; and every jjcrsou, not being a party in any cause, - against wliom olx'dieiu-e^ 
to any order of the Court may be en foiHied, shall be liable to the same process for 
enforcing obedience to such order, as if he were a party in the cause, 

RULE 11, No process of subpoena shall issue from the Clerk's office in any suit 
in equity, until tlie bill is filed in the office. 

RULE 12. Whenever a bill is filed, the Clerk shall issue the the process of 
Bubpccna therein, as of course, upon the application of the plaintiff ,. which shall be 
returnable into the Clerk's office the next rule day, or the next rule day but one, 
at the election of the plaiutiif,occ.irring after twenty days fr(jm the time of tlio 
issuing thereof. At the bottom of the subpoena shall be placed a memoradum, 
that the defendant is to enter liis a])pearauce in the suit in the Clerk's office, on or 
before the day, at which the writ is returnable ; otherwise, the bill may be taken 
pro confcus). When there are- more than one defendants, a writ of subpoena may, 
at the election of the plaintiff be sued out separately for each defendant, excejit 
in the case of husband and Avife, defendants, or a joint subiioena against all the 
defendants, 

RULE 13. llie service of all sub])0cnas shall be by a delireTy of a copy thereof 
by the officer serving the sahie, to the defendant personally, or in" citse of hus- 
band and Avife, to the husband personally, or by leaving cdjiy thereof at the| 
dwelling house or usual place' of abode of each defendant, with some person, who 
is a member or resident of the family. 

RULE 11. Whenever any subpoena shall be returned iiuL executed as to any 
defendant, the jilaintift' shall be entitled to another subpoena, ^wii6'« quotieii,iLg&ms\, 
such defendant, if he shall I'ciiuii't! it, un1?il due service is nuide. 

RULE 15. The service of all process, mesne and final, shall be by the Mar- 
shal of the district, or his deputy, or by some other pers(jn specially appointed by 
the Court for that jiurpose, and not otherwise; in tlie latter case, the person serv- 
ing the process shall make affidavit thereof. 

RULE 10. Upon the return of the subpoena, as served and executed ui)on any 
defendant, tlie Clerk shall enter the suit upon his docket as pending in the Court/ 
and sliall state the time of the entry. 

U. Wril of assistance tj eiiiorce decree, ur order lor delivorv oi possession. 

10. Person not part.y to a cause, iiiav out.iiu order of eulorviouienl. 

11. iSuboccu.i not to issue till bill be filed. 

Vi. Bill beina; filed, tiie Clerk will ttiereuiion issue sub, cciias. 

i;;. Wiiat shjll constitute service of subpiciia. 

11. Subpoena returned not executel.—'VVliat Uk'h. 

15. WJio sliall serve all processes. 16: When Clerk lo decreet cause. 



MAN.UAL. 67 

Kiiles in the U. S. Courts, in Equity. 

.A. IP 3E=» 2S uA. !=«. ..a- ra C? 3B2 . 

RULE 17. The appcai-iuice (hiy of tlie defendant shall be the rule day, to 
which the suhpo-na is made returnable ; provided he has been served with the 
process twenty days before that day ; otherwise, his ai)pearance day shall be the 
Jiext rule day succeeding the rule day, when the process is returnable. 

The appearance of the defendant, either ])ersonally or by hissolicitor,shall be en- 
tered in the order book on the day thereof by the Clerk. 

i=i>-rT.T.«a "r..^3E3:333»" 3F»3?a.C3> OC3'3Xr35'33JSSC:>- 

RUliE 18. It shall bo the duty of the def-'ndant, unless time be otherwise en- 
iarged, for cause shewn, by a Judge of the Court upon motion for that purpose, to 
file his plea, demurrer or answer to the bill in the Clerk's othce, on the rule day 
next succeeding that of entering his ap])earance, in default thereof, the plaintiff 
may, at his election, enter an oider (as of course) in the order book, that the bill 
1)0 taken pro covfesso ; and thereupon the cause shall be proceded in ex parte, and 
the matter of the bill ma,y be decreed l>y the Court at the next ensuing term 
tliereof accordingly, if the sanxe can be done without an answer, and is proper to 
be decreed ; or the plaintiff, if he requires any discovery or answer to enable him 
to obtain a proper decree, shall be entitled to a process of attachment against the 
defenda-Ht, to comi)el an answer ; and the defendant shall not, when arrested up- 
on such process, be discharged therefrom, unless, upon filing his answer, or oth- 
<;rwise complying with such order, as the Court or a Judge thereof may direct, as 
to pleading to, or fully answering the bill, within a period to be fixed by the 
Court or Judge, and undertaking to si)ced the cause. 

RULE 19. When the bill is taken 2iro ronfcsso, the Court may proceed to a de- 
cree at the next ensuing term thereof, and such decree rendered shall be deemed 
absolute, unless the Court shall at the same term set aside the same, or enlarge 
■the time for filing the answer, upon cause shewn upon motion and affidavit of 
the defendant. And no such motion shall be granted, unless upon the payment of 
the costs of the planitiff in the suit up to that time, or such jmrt thereof as the 
Court ^hall deem reasonable, and unless the defendant shall undertake to file his 
answer within such time as the Court shall direct, and submit to such other terms 
as the Court shall direct, for the purpose of si^eeding the cause. 

RULE 20. Every bill, in the introductory part thereof, shall contain the names, 
places of abode, and citizenship of all the parties, plaintiffs and defendants, by and 
against whom the bill is brought. The form, iu substance, shall be as follows : 
" To the Judges of the Circuit Court of the United States, for the District 

of . A. B, of ; and a citizen oi the State of , brings this, his 

bill, against C. D„ of , and a citizen of the State of , and E, F., 

of , and a citizen of the State of . And thereupon your orator com- 
plains and says, that, &c." 

RULE 21. The plaintiff, in his l>ill, shall beat liberty to omit, At his opticm, 
the part which is usually called tlu; common confederacy clause of the bill, aver- 
ring a confederacy between the defendants to injure or defraud the plaintiff; also 
what is commonly called the charging part of the bill, setting forth the matters 



17. Appearance day. 18 Wfceu bill may be take.n 2»o confesso. 

19. When decree may be r.'iidered, ami made absolute. 

20. Manaer of drawiuc bills of complaint. 

21. What shall c.oustitule pray.';r of bill, and what plaiiicifr may cunt. 



MANUAL; 



lUiles in U. S. C'ourts, in Equitj-. 



or excusps, wliidi the- tlefendant is siipposetl to intend to set up \)y way of dpfenco 
to tlie bill ; also, what is conim')nly called the jurisdldion clause of the bill, that 
the acts complained of are contrary ifo eciuity, and that the defendant is without 
any remedy at law ; and the bill shall not be demurrable therefor. And tlie plain- 
tiff may, in the narrative or stating parting of his bill, state and avoid, by counter- 
averments, at his option, any matter or thing, whicli ho siipposes will be insisted 
upon by the defendants,' by way of dcjfence or excuse, to the case made by the 
])laintiff for relief. The prayer of thebill shall ask the special relief, to which the 
plaintiff considers liimself entitled, and also shail contain a prayer for general 
relief ; and if an injunction, or a writ of ne exeat regno,ov any other special order 
pending the suit, is required, it shall also be specially asked for. 

RULE 23. If any persons, other than those named as dcfeiulants ixi the bill, 
shall appear to be necessai*y or proper |«l-rt'ies thereto, the bill shall aver the rea- 
son, why they are not made parties, by shewing them to Ikj without the jurisdic- 
tion of the Court as to the other parties. And as to i^ersons who are without the 
jurisdiction, and may projjerly be made parties, the l)ill may pray, that process 
may issue to make them parties to the lull, if they should come within the juris- 
diction. 

RULE 2'6.- The prayer for process of subpoena in the bill shall contain the 
names of the defendants, named in the introductory jjart of the bill, and if aliy of 
them are known to be infants under age, or otherwise under guardianshij), shall 
state the fact, so that the Court may take order thereon, as justice may require, 
upon the return of the process. If an injunction, or a writ. of ne exeat regno, or 
any other special order pending the suit, is asked for iu the prayer for relief, that 
shall be sufficient, without repeating the same in the prayer for process. 

RULE 24. Every bill shall contaiA' the signature of counsel aniiexjed to it, 
which shall be considered as an affirmation on his part, that upon the instructions 
given to him, and the case laid before him, there is ground for the suit, iu the 
manner in Avhich it is framed. 

RULE 2^. &' order to prevent unnecessary costs- and expenses, and to promote 
brevity, succinctness and directness in the allegations of bills and answers, the 
regular taxable costs for every bill and answer shall in no case exceed the sum 
Avhich it allowed in the State Court of Chancery in the district, if any there be •■ 
but if there be none, then it shall not exceed the sum of three dollars for every 
bill or answer. 

SC7-A.3Sr3a-<a.X^ -^^3?^X> X33^a:3F»3E3^l.1D'XlSri33XrCJ3ES 

fiULE 26. Every bill shall be expressed in as brief and- succinct terms as it 
I'easonably can be, and shall contain no unnecessary recital of deeds, documents,- 
<?ontracts,or other instruments, iu Jute verha, or any other impertinent nuitter, 
or any scandalous matter not relevant to the suit. If it does, it may on excej)- 
tious be referred to a Master, by any Judge of the Court for imi)ertinence, or scan- 
dal, and if so found by him, the matter shall be ex})unged at the expense of the 
plaintiff, aud he shall pay to the defendant all his costs in the suit up to that time,- 
unless the Court or a Judge thereof shall otherwise order. If the Master shall re 

22. Reasons to be given il certain parlies are not named as deienJants. 

2J. Prayer lor subp<i;iia to niinie all ile(endants, w liellier inlant or otiierwise. 

24. SSolicitov 10 affi.x his i^isiiatare t j liill. 25. Am nine of cosis taxnols. 

2(i. Inipeniuent ami isTeievaui m itur not '.o appear in Ijills. 



MANUAL. 69 



Rules in the U. S. Courts, in Equity. 



port, that tho bill is not scandalous or impertinent, the plaintiff shall be entitled to 
Jill costs occasioned by the referee. 

RULE 27. No order shall be rj>ade by any Judge for refering- any bill, answer, 
or pleading, or other matter, or })rocecding, depending before the Court for scau- 
<lal or impertinence, unless excejjtions are taken in writing, and signed l)y counsel, 
describing tlie vpnriicular passages, which are considered to be scandalous or im- 
pertin(;nt ; nor unless the exceptions shall be filed on or before the next rule day, 
after the process on the bill shall be returnable, or after the answer or pleading 
is filed. And such order when obtained, shall be considered as abandoned, unless 
the party obtaining the order shall, without <iny unnecessary delay, procure the 
jNIiister to examine and rejjort for the SJib p. on or before the next succeeding ri;le 
day, or the Master shall certify, that furlher time is necessary for him to complete 
the examination. 

RULE 28. The plaintiff shall be at liberty, as a matter of course, and without 
payment of costs, to amend his bill in any matters whatsoever, before any copy 
has been taken out of the Clerk's ofSce, and in any small matters afterwards, such 
lis filling blanks, correcting errors of dates, misnomer of parties, mis-description of 
premises, clerical errors, and generally in matters of form. But if he amend in a 
material point, (as he may do of course,) after a copy has been so taken, before any 
answer or )>lea, or demurrer to the bill, he shall pay to the defendant the costs oc- 
,casioned thereby, and shall without delay, furnish hi;n a fair copj' thereof, free of 
ex])ense, with suitable references to the place?, ■syh^re the same are to be insert- 
ted. And if the amendments are numerous, he shall furnish in like manner to 
the defendant a copy of the whole bill as amended ; and if there be more than 
one defendant, a copyshall be furnished to each defendant affected thereby. 

RULE 29. After an answer, or plea, or demurrer is put in, and before replica- 
tion, the plaintiff may, upon motion or ])etition, without notice, obtain an order 
from any Judge of the Court to amend his bill on or before the next succeeding 
rule day, upon payment of costs, or without payment of costs, as the Court or the 
Judge thereof may, in his discretion, direct. But after replication liled, the plain- 
tiff shall not be permitted to withdraw it, and to amend his bill, exceot uj)on a 
special order of a Judge of the Court, uj)on motion or petition, after uuo i.otice to 
the other party, and upon proof by airulavit, that the same is not made for the 
purpose of vexation or delay, or that the matter of the proposed amendment is 
material, and could not with reasonable diligence have been sooner introduced in- 
to the bill, andfiiipou the plaintiff's submitting to sue)' other terms as may be im- 
posed by the Judge for speeding the cans' . 

RULE 30. If the plaintiff, so obtaining an order to amend his bill after ans- 
wer, or plea, or demurrer, or after replication, shall not file his amendments or 
amended bill, as the case may require, iu the Clerk's office, on or before the next 
succeeding rule day, he shall be considered to have abandoned tlie same, and the 
cause shall proceed as if no a])plication ff)r any amendment had been nnide. 

RULE 31. No demurrer or plea shall be allowed to be filed to anj^ bill, unless 

27. ICxceoiioiis to form o( bill ii> be iii writing, ant) ^JTiied bv counsel. 

28. Hiiw Oill* may te ainptided. C-dv as amended lO Oe lurnishcd to defendant. 
2'J. A tor answer and leDlication. ni> iimfnrtinPiU uiliwed esc?ot on spcci:;! »v er. 
30. Ar.:en '.ed bill not filed bet'>r>; nex. rule day lo bo considerol ii'i.indoiicd. 



70 MANUAL. 



llulos ill tlie U. S. Courts, in E(iuity. 



upon a ccrtilicato of counpcl, tlmt in his o|)iiiion, it is well fnunded in ])oint of law, 
and siii)i)oi-ti'(l by th(; atiidavit of tlic^Icfcndant, tliat it is nut interposed for de- 
lay ; and if a plea, that it is true in point of fact. 

RULE 33. The (h'fcncUiiit may, at any time before the bill is takeii for eon- 
fesscd, or afterwards, with the leave of the Court, demur or jjlead to the whole 
bill, or part of it, and he may demur to part, plead to part, and answer to the res- 
idue ; but in every case in which the bill s])ec'ially charf^es fraud or combination, 
a plea to such part must be accom])anied with an answer, fortifying the plea, and 
explicitly denying the fraud and C(^mbination, and the facts on which the charge 
is founded. 

RULE 33. The plaintiff may set down the demurrer or ]>lea to be argued, or 
he may take issue on the plea. If, upon an issue, the facts stated in the plea be 
tleterniined for the defendant, they shall avail him, as far as in law and eijuity 
they ought to avail him. 

RULE 34. If upon the hearing, any demurrer or ])lea is overruled, the plain- 
tiff shall be entitled to his costs in the cause up to that period, unless the Court 
shall be satisfied that the defendant had good ground in point (jf law or fact, to 
interpose the same, and it was not interposed vexatiously or for delay. And up- 
on the overruling of any plea or demurrer, the defendant shall be assigned to an- 
swer the bill, or so mu(-h thereof as is covered by the plea or demurrer, the next 
succeeding rule day, or at such other period as consistantly with justice and the 
rights of the defendant, the same can in the judgment of the Court, be reasonably 
done ; in default whereof, the bill shall be taken against him, ^;/'6iC6i//y(;vvS(;, and 
the matter therein be proceeded in, and decreed accordingly. 

RULE 35. If upon the hearing, any demurrer or plea shall be allowed, the de- 
fendant shall be entitled to his costs. But the Court may, in its discretion upon 
the motion of the plaintiff, allow him to amend his bill, upon such terms, as it 
shall deem reasonable. 

RULE 36. No demurrer or plea shall be held bad aud overruled upon argu- 
ment, only because such demurrer or plea shall not cover so much of the bill as 
it might by law have extended to. 

RULE 37. No demurrer or plea shall bo held bad and overruled upon aro-u- 
ment, only because the answer of the defendant may extend to some part of the 
same matter, as may be covered by such demurrer or plea. 

RULE 38. If the plaintiff shall not reply to iiny jilca, or set down any plea or 
demurrer for argument, on the rule day, when the same is filed, or on the next 
succeeding rule day, he shall be deemed to admit the truth and sufficiency there- 
of, and his bill shall l)e dismissed as of course, unless a Judge of the Court shall 
allow him further time for the purjiose. 

RULE 30. The ruh'. that if a defendant suluuits to answer, he shall answer 
fully to all the matters of the bill, shall no longer apply, in cases where he might, 
Ly plea, protect himself from such ansAver and discovery. And the defendant 
shall be entitled, in all cases by answer, to insist upon all matters of defence, ( not 

31. Detnurrer or plea to be suDPorted br aflidavit of lie endant. 

.32. Defendant nnv demur lo part, plead to part, and .in^wer lo the resiilue. 

33. P.aintiOr may argue tlie denuurer, or join i-sue on lae idea. 

34. If demurrer or plea bs; nverruled, plaiuiifl'may liave lii«c3st?. 

35. Defendant entiUcd to costs wl;en demurrer or plea ai e a'lowed. 
30. Demurrer or plea not held bad, because only part of bill ans verej 
38. Bill disroissod of course :n paintitl's fnilure to reply. 



MANUAL. 71 



■.liilJes tlie in TJ. S. Courts, in Eijuitv. 



beine;--«ia(tftrs of abateniont, or to t1io charactor of the imrticf! or matters of form, 
ill bar of or to the merits of the bill, of which he may be entitled to avail 
himself by a plea in bar|; and in such answer he shall not be compellable to 
answer any other matter that he would be comijellable to answer and 
discover upon filing a plea in bar, and an ans\\er in supi^ort of piich jilea, 
touching the matters set forth in the bill, to avoid or repel the bar or defencr- 
Thus, for example, a bona fide purchaser, for a valuable consideration, without no. 
•lice, i»iiy set up that defence by way of answer, instead of plea, and shall be enti- 
tled to the sanw protection, and shall not be compellable to mako-anyff urtl-.er answer 
or discovery of his title, than he would be in any answer in sujiport of such plea 

RULE 40. A defendant shall liot bound to answer any statement or charge in 
the bill, unless sjieciully and particularly interrogated thereto ; and a defendant 
ahall not be bound to answer any interrogatory in the bill, except those interrog- 
atories, which such defendant is required to answer ; and where a .defendant shall 
answer any statement or charge in the bill, to which he is not interrogated, only 
by stating his ignorance of the matter so stated or charged, such answer shall be 
<i earned Impertinent. 

IIULE 41. Tl(i>. jpUrrr.^.at/ries cf)ntainod in the interrogating part of the bill 
shall be divided as conveniently as may l)e from each other, and numbered con- 
secutively 1, 3, 3, &c. ; and tlu; interrogatories, which ea"h defendant is revjuired 
to answer shall be specified in a note at the foot of the bill, in the form, or to the 
I'ffect following ; that is to say, — "The defendant (A. B.) is required to answer the 
interrogatries numbered respectively 1, 3, &c. ; and the otlice copy of the bill taken 
by each defendant shall not contain any interrogatories except those, which such 
defendant is retjuired to answer, unless such defendant shall re(£uire to be fur- 
, uished with a cop} < f the whole bill. 

RULE 42. The note at tlie foot of the bill, specifying the interrogatories 
which each defendant is required t') answer, shall be considered and treated as part 
«f the bill, and the addition ql any such note to the bill, or any alteration in, or 
addition to such note after the bill is filed, shall be considered and treated as an 
.a,mendmeut,/?f the bill. 

RULE 43. Instead of the words of Uie bill now in use, preceding the interoga- 
iling part thereof, and beginning with the words. " To the tnd, thereof," there shall 
hereafter be us.-sd words in tlio form, or to the effect f )llowing ; To the end, there- 
fore, that the said defendants may, it' tliey can, shew why your orator should not 
liave the relief hereby prayed, and may, upon their several and respective corpo- 
rate oaths, and according to tlie best and utmost of their several and respective 
knowledge, reniembi'ance, information, and belief, full true, direct, and jjerfect 
answer make, to such of the several iuterrogatoiies hereinafter numbered and set 
forth, as by the note hereunder written, tiiey are respectively reijuired to answer: 
that is to say : — ■ 

-1. Wlicthcr, &c. 3. V»'hctlier, &c." 

RULE 44. A defendant shall be at liberty, by answer, to de^dine answering 
any interrogatory, or ]»art of au interrogatory, from answering which he might 
have protected himself by demurrer ; and he shall be at liberty so to decline, not- 

80. P.e.is in t);ii-. 4^)_ De.i.i:ii:.ni Kct bcuiid lo uni-wer !?tatenienif 

41. lnterroj£.KOrics in bi Is to be iiumbfTect. 

•12. Notes and adiiilioiis to bills to oe treated as amen Imants. 

4.3. Amoiuie i lonii of W.U. . 

,44. Do.'endaut io lii> answer may U^clina to answer i:ii!?r.-o^ itori-is o: "ail!. 



72 MANUAL. 



liulos in the U. S. Courts, in Equity, 



■withstiindiujj hv sliiill answer other pints of llie bill, from which lu; might luivo 
protected himself by (lemurrer. 

RULE 4."). No special replication to any answer shall be filed ; but if any mat- 
ter alleged in the answer shnll make it necessary for the plaintiff to amend his 
bill, lie may have leave to amend the same, -with or without the payment of costs, 
as the Court, or a Judge thereof, may, in his discretion, direct. 

HULK 4G. Ill every case, wliere an amendment shall be made after answer is 
filed, the defendant shall put in a new or supjdenu'utal answer, on or before tht^ 
next succeeding rule day after that on which the amendment or amended bill is 
filed, unless the time therefor shall be enlarged, or otherwise ordered by a Judge 
of the Court ; and upon his default the like i)roceedings may be had as in cases of 
an omissi<m to ])ut in an answer. 

RULE 47. In all case.-: where it shall ajiiiear to the Court, that persons, Avho 
might otherwise be deemed necessary or })roper i>arties to the suit, canuot b(^ 
made parties by reason of their being out of tlie jurisdiction of tlie Court, or in- 
capable otherwise of being made parties, or because their joinder w«/uld oust the 
jurisdiction of the Court as to the parties before the Court, the Court may, in its 
discretion, proceed in the cause without making such persons jiarties ; and in such 
cases the decree shall be without predjudice to the rights of the absent parties. 

RULE 48. Where the parties on either side are very numerous, and cannot, 
without manifest inconvenience and oppressive delays in the suit, be all Iirought 
before it, the Court, in its discretion, may dispense with making them all parties, 
and may proceed in the suit, having sufficient partie's before it to represent all the 
adverse interests of the plaintiffs and defendants in the suit properly before it. But 
in such cases the decree shall be without prejudice to the rights and claims of all 
the absent parties. 

RULE 49. In all suits coiifeming n al estate, which is vested in trustees by 
devise, and such trustees are competent to sell and give discharges, such trustees 
shall represent the persons beneficially interested in the estate or the jiroceeds, or 
the rents and profits, m the same manner, and to the .same extent, as the execu- 
tors and administrators in suits concerning persimal estate represent the persons 
beneficially interested' in such personal estate ; and in such cases it shall not be 
necessary to make the j^ersons beneficially interested in such leal estate, or n nta 
and profits, parties to the suit ; but the C(airt may, upon consideration of the mat- 
ter on the hearing, if it shall so think fit, order such persons to be made parties. 

RULE 50. In suits to execute the trusts of a will, it shall not be necessary to 
make the heir at law a party ; but the ])laintilT shall be at liberty to make the heir 
at law a party, v.here he desires to have the will established against him. 

RULE 51. In all cases in which the plaint iiT has a joint and several deuuind, 
against several persons, either as jiriucijials or sureties, it shall not be necessary 
to bring before the Court, as parties t(j a suit conserning such demand, all the jjer- 

45. jNo special reDiieatioii to be fiiecl 

46. Delendant may make uew or SGOoiemental answer to ami'ii(linent« fileil. 

47. Kelaiiue to the various paitie-! lo suiis. 

48. Where parties are numerous, a cause mavpr< C3d in die .ibsence of part, 11 all the ailwrse 
interests be represented. 

49. Trustees mn.r represent interested parties in suit-; rel.iliii? to real ts ate. 

50. Kelating to suits to e.\ocute the crusLs ol a will. 



MANUAL. 73 



liulos in tliG U. S. Courts, in Equity. 



sons liable tlioreto ; but tlic plaintiff may proceed against one or more of the per- 
sons severally liable. 

RULE r)-2. Where the defendant i-liall, by bis answer, suggest, that the bill is 
defective for want of parties, the jdalntift" shall be at liberty, within fourteen days 
after answer filed, to set down the cause for argument ui)on that objection only ; 
and the pnrj)ose for which the sanu^ is so set down, shall be notified by an entry, 
to be made in the Clerk's order book, in the form, or to the effect, lollowing ; that 
is to say ; "Set down ui)>)u the defendant's objection for want of ])arties." And 
where the jjlaintiff shall not sn set down his cause, but shall proceed therewith to 
a hearing, notwithstanding an objection for Avant of parties taken by the answer, 
he shall not at the hearing of the cause, if the defendant's objection shall then be 
allowed, be entitled as of course, to an order for liberty to amend his bill by ad- 
ding parties. But the Court, if it thinks fit, shall be at liberty to dismiss the bill. 

RULE ij;J, If a defendant shall, at the hearing of a cause, object, that a suit is 
defective for want of parties, not having l)y plea or answer taken the objection, 
and therein specified, by name ^n• description, the parties to whom the objection 
applies, the Court, if it shall think fit, shall be at liberty to make a decrei- saving 
the rights of the absent inulies. 

RULE 54. Where no account, payment, conveyance, or other direct relief is 
sought against a party to a suit, not being an infant, the party upon service of the 
subpcena upon him, need not appear and answer the bill unless the plaintiff spe- 
cially requires him so to do by the prayer of his bill ; but he may a})pear and ans- 
Aver at his option ; and if he does not ajjpear and answer, he shall be bound by all 
the proceedings in the cause. If the plaintiff shall require him to ajjpear and an- 
swer, he shall be entitled to the costs of the proceedings against him, unless the 
Court shall otherwise direct. 

RULE 5.J. Whenever any iuj unction is asked for by the bill, to stay proceed- 
ings at law, if the defendant do not enter his appeai-ance and plead, demur, or an- 
swer to the same, within the time prescribed therefor by these rules, the plaintiff 
shall be entitled, as of course, upon motion without notice, to such injunction. 
But special injunctions shall be grantable only upon due notice to the other i)arty 
by the Court in term, or by a Judge thereof in vacation, after a hearing, which 
may be ex parte, if the adverse partj' does not appear at the time and ])lace order- 
ed. In every case where an injunction, either the common injunction, or a special 
injunction, is awarded in vacation, it shall, unless previously dissolved by the 
Judge granting the same, continue until the next term of the Court, or until it is 
dissolved by some other order of the Court. 

RT'LE .IG. Whenever a suit in ecpiity shall become abated by the death of ei- 
ther l>arty, or by any other event, the same may be revived by a bill of revivor, or 
a bill in the nature of a bill of revivor, as the circumstances of the case may re- 
quire, filed by projier parties entitled to revive the same ; which bill may be filed 

51. I'hiintiff liaving deniaiids asaiust several, may pioceeJ afcainsi one or nn.re. 

52. Su^eestion of defect m bill, may be ar:;ue'l. , 

53. Court may bv decree, save the riaht? of absent parlies. 
.14. Wl.en defendant may elect to appear, or otherwise. 

55. Ii'juin.tion cranted as a m.;tter ot course. — Wiieii special injunctious. 



'74 MAf^UA'L. 



Rules in the U. S. CourtB, in Eciuity. 



in the Clerk's office at any time ; and upon suggestion of the facts, the propej- 
process of subpceua shall, as of course, be issued l)y the Clerk, requiring the prop- 
er representutives of the other party to appear and shew cause, if any they havej 
Avhy the ci.use should not be revived. And if no cuuae shall be shewn at the 
next rule day, which shall occur after fourteen days from the time of the service 
•of the same process, the suit shall stand revived, as of course. 

RULE 57. Whenever any suit in equity shall become defective.frcmi any event, 
happening after the filing of the bill, (as for example, by a change of interest in 

'.the parties, ) or for any other reason, a supplemental bill, or a bill in the nature 
of a supplemental bill, may be necessary to be filed iu the cause, leave to file the 
same may be granted by any Judge of the Court on aiiy rule day, upon proper 
cause shewn, Tiud due notice to the other party. And if leave is granted to file 

.such supplemental bill, the defendant shall dcniar, plead, or answer thereto, on 
the next succeeding rule day after the supplemental bill is filed in the Clerk's 

(Otfice, unless some other time shall be assigned by a Judge of the Court. 

RULE 58. It shall not be necessarj' in any bill of revivor, or sup]ilementi*T 
.liill, to set forth any of the statements in the original suit, unless the special cir. 
cumstances of the case require it. 

RULE 59. Every defendant may swear to his answer before any Justice or 
Judge of any Court of the United States, or before any Commissioner appointed by 
'the Circuit Court to take testimony or depositions, or before any Master in Clian- 
■cery appointed by any Circuit Court, or before any Judge of any Court of a State 
■or Territory. 

-a.3vi::E:3xrx>3vt:Ei\rT ode* -<a.3xrs"^7c^:E3xi.. 

RULE 60. After an answer is put in, it may be amended, as of course, in any 
miatter of form, by filling up a blank, or correcting a date, or reference to a docu- 
ment or other small matter^nd be re-sworn, at any time before a replication is 
put in, or the cause is set down for a hearing upon a bill and answer. But after 
replication, or such setting down for a hearing, it shall not be amended in any nui- 
terial matters, as by adding new facts or defences, or <iualif \-ing or alt/?ring tlu! 
•original statements, except by special leave of the Court, or of a Judge thereof, 
n[n)i\ mmion and cause shewn, sifter due notice to the adverse ])arty, supi)orted, if 
required, by atfidavit. And in every case where leave is so granted, the Court or 
xhe Judge granting the same, may in his discretion, require that the same be sepa- 
rately engrossed and added as a distinct amendment to the original answer, so as to 
'be distinguishable therefrom. 

:E:::^c:333i=»i»xo3xr^ rro -.a^jxrssx'^Esxi.s*. 

RULE (II. After an answer is filed on aiiv rule day, tlic jilaintifi" shall be al 
lowed until the ne:ct succeeding rule day t>i file in the Clerk's office, exceptiojis 
thereto for insufficiency, and no longer, unless a 'longer tinu! shall l)e allowed for 
the purpose, upon cause shewn to the Court or a Judge thereof- and if no excep- 
tion shall be filed thereto within that period, the answer shall be deemed and fa- 
llen to be svifficient. 

56, How suits ibatec! may be revived. 

"57. Leave to "file snpDlempntal bV.is, — how obtaine t. 

58, SuciJleinental bill or bill of r'^vivur, iieetl not contain statement of original suit. 

.5'J. AflidavU of defendant to an>^\ver, — before wliom made. 

60. -Amendment of answers,— wnen and huw made. 

61. Eicepiions lo answers,— W'ien£;ed. 



MANUAL. 75 



Rules in the U. S. Courts, in Eiiuitj-. 



RULE 62. When the same solicitor is employed for twojir more defendants 
and se])arate answers shall be filed, or other proceedings had, by two or more of 
the defendants s(>i)arately, costs shall not be allowed for such seprarte answers or 
otlier i)roceedings, unless a Master, ni)ou reference to him, shall certify, that such 
separate answers and other proceedings were necessary or i)ri)])er, and ought not 
to have been joined togctlier. 

RULE 63. ^^'here exceptions shall be filed to the answer for insufficiency, 
-within the period ])rescribed by these rules, if the defendant shall not submit to 
these rules, and file an amended answer on tlie next succeeding rule day, the 
])laintiflf shall forthwith set them down for a hearing on the next succeeding: rule 
day thereafter, before a Judge of the Court ; and shall enter, as of course, in the 
order book, an order for that purpose. And if he shall not so set down the same 
for a hearing, the exceptions shall be deemed abandoned, and the answer shall be 
sufficient : provided, however, that the Court, or any Judge thereof, may, for good 
cause shewn, enlarge the time for filing exceptions, or for answering the same, in 
his discretion, upon such terms as he may deem reasonable. 

RULE 61. If at the hearing, the exceptions shall be allowed, the defendant 
shall be bound to put in a full and complete answer thereto, on the next succeed- 
ing rule day ; otherwise the plaintiff shall as of course, be entitled to take the 
bill, so far as the matter of such exceptions is concerned, as confessed, or at his e- 
lection may have a writ of attachment to compel the defendant to make a better an- 
swer to the matter of the exceptions ; and the defendant when he is in custody upon 
such writ, shall not be discharged therefrom, but by an order of the Court, or of a 
Judge thereof, upon his putting in such answer and complying with such other 
terms, as the Court or Judge may direct. 

RU^LE 65. If, upon argument, the plaintiff's exceptions to the answer be over- 
ruled, or the answer shall be adjudged insutficient, the prevailing party shall be 
entitled to all costs occasioned thereby, unless otherwise directed by the Court, or 
the Judge thereof, at the hearing upon the excex)tioas. 

RULE 66. Wlienever the answer of the defendant shall not Ije excepted to, or 
shall be adjudged or deemed sutticient, the plaintiif shall file the general replica, 
tion thereto, on or before the next succeeding rule day thereafter ; and in all cases 
■where the general replication is filed, the cause shall be deemed to all intents and 
purposes at issue, without any rejoinder or other pleading on either side. If the 
plaintiff shall omit or refuse to file such replication within the prescribed period, 
tlu! defendant shall be entitled to an order, as of course, for a dismissal of the suit ; 
and the suit shall thereupon stand dismissed, unless the Court or a Judge thereof 
shall, upon motion for cause shewn, allow a replication to be filed nunc pro tunr, 
the i)laintiff submitting to sjjced the cause, and to such other terms as may be 
directed. 

RI'LE 67. After the cause is at issue, commissions to take testimony may be 
taken out in vacation as well as in teim, jointly by both paities, or severally by ei- 
ther party, upon inttT)t)gatories filed by the party, taking out the same, in the Clerk's 

62, What costs allowed to defendants Solicitor. 

63. 64. 65. I'rocee lin<;s in relation to tlie filing oT exceptions. 

66. Wlicii rcplicution «liall be filed, ai\d issue niuae up. On failure to Ale, snit to be disnu.sseJ. 

67. Cora-nissiont to talie tes'-imoay to isjuciu vacation, as Well as in term time. 



76 MANUAL. 



Rules in the U. S. Courts, in'E(]uitj-. 



office, ten days' noti^o thereof being given to the adverse party to file cross inter- 
ro<ratorics before the. issuing of the commission; and if no cross interrogatories are 
filed at the expiration of tlie time, the commission may issue r.r parte. In all cases 
the Commissioner or Commissioners shall be named by the Court, or by a Judge 
tliereof. If the parties shall so agree, the t'^stimony may be taken upon oral inter- 
rogatories by the parties, or their agents, without filing any written interrogai-'O- 
ri(s. • 

RULE G8. Testimony may also be taken in the cause, after i' is at issuo. by de- 
position, according to tlie Acts of Congress. But in such case, if no notice is given to 
the adverse party of the time and place of taking the deposit on, he shall, upon mo- 
tion and affidiivit of the fact, be entitled to a cross-examination of the witness, either 
under ..commission, or by a new dcposit'on taken under tlic Acts of Congress, if a 
Court, or a Judge thereof, shall, under all tlie circumstances, deem it reasonable. 

RUIJE G9. Three months, and no more, sha 1 be allowed for the taking of tes- 
timony aficr the case is at issue, unless the Court, or a Judge tb.ercot, shall, upon 
ispecial cause shown to either party, enlarge the time: and no testimony taken after 
.such period, shnll be allowed to be read in ev dence at the hearing. Immediately 
iipon the return of the commissions and depositions containing tae testimony, into 
the Clerk's oifice, publication thereof may be ordered in the Clerk's oflice by any 
Judge of the Court, upon due notice to the parties, or it may be enlarged as he 
may deem reasonable, under all the circumstances. But by consent of the parties, 
publication of the testimony may, at any time, pass in the Clerk's office, such con- 
sent being in writing, and a copy tliereof entered in the order book, or indorsed 
upon the deposition or teslroiony. 

RULE 70. After any bill filed, andbcforc the defendant has answei'ed the sam^, 
upon affidavat made that any of the plaintiff's witnesses are agei and infirm, or go- 
ing out of the country, or that any of them is a single witness to a material fact, 
the Clerk of thy Court shall, as of course, upon the application of the plaintifi", is.?ue 
a commission to such Commissioner or Commissioners, as a Judge of the Court 
may direct, to take the examination of suc'i witness or witness s, de bene ense, upon 
•giving due notice to the adverse ]iarty of the time and nlace of taking his testi- 
mony. 

RULE 71. The last interrogatory in the WTlttcn interrogatories to take testi- 
mony now commonly in use, shnll, in the future, be altered, and stated in substance, 
thus : — "Do you know, or can you set forth any other .matter or thing, which may 
be a benefit or advanta^re to the imrtics at issue in this cause, or eit.ier of them, or 
that may be material to the subject of this your examination, or the matters in ques- 
tion in this cause ? If yea, set f<irth the same fully and at large in your answer." 
C:3J?2.C>^^ 3B;XXjiX.i. 

RULE 72. Where a defendant in equity files a cross bill for discovery onlv 
against the plaintiff in the original bill, the defendant to the original bill shall first 
answer thereto, befor ■ the origin -l plaintift" .shall be compellable to answer the cross 
bill. The answi-r of the oriinnal plaintiff to such cross bill may be reaJ and used 
by the i)arty filing the cross bill, <at the hearing, in the same manner, and u idor the 



*58. Testimony iiiav oe taken iiv duposilion. 

(jy. lime allowpd tor lakinsc testtmo.Tr: return of co-nmission to Cleri'.^ officf . 

70. Teat\D\ony de bene esse. 71. Foi-ni of lasi int('rro:;;i.ory. 

72. Ci-oss bill, for tii.covery. 



MANUAL. 77 



Rules in the U. S. Courts, in Equity- 



same restrictions astlic answer, praying relief, inav now be read and needi 

:F2.S33B'ES3FiL3E3Sa'C:?E3 rTO J^^'^T'SD 3F'3FS.g3 CS'S^lFtSXJ" 
Xl>JC3rS3 :I32H33P'<C>:S^:E3 :a/3:-.^S3T[?35^3=L. 

KULE 73. Every decree for a i account o: the yjersonrJ entat i of a testat-.r in- 
testate, shall contvin a direction :o the master, to whom it is referred to take the 
same, to inquire and state to the Court, what parts, if any, of such personal cstato 
are outstanding or undisposed of,- unless the Court shall otherw isj Cirect. 

RULE 74. Whenever any reference of any matter is made to a master to ex- 
amine and report thereon, the party at whose instance, or for whose benefit the ref- 
erence is made, shall cause thesaiije tohe presented to the master for a hearing, 
on or before the next rule day succeedin<,' tlie time Avhen the reference was made : 
if he shall omit to do so, the adverse party shi>ll be at libertv forthwith to cause 
proceeding's to be had before the master; at the cost of tae party procuring the ref- 
erence. 

RULE 7o U])on every such reference, it sliall be the duty of the master, as soon 
as he reasonably can after the same is brought before him, to ass gn a time and 
place lor proceedings in the sinme, and to gire due notice thereof to each of the 
parties or thoir solicitors; and if either party shall fail to appjar at tlie time and 
place appointed, the master shall l)e at libsrty to proceed ex parte, or, in his discre- 
tion, to adjourn tiie examination and proceedings to a future day, giving notice to 
the absent party or his solicitor of such adjournment ; and it shall be the duty of 
the master to proceed tvitli all reaf=onable diligence in every such reference, and with 
the least practicable delay ; and either party shall be at liberty to apply to the Court,. 
or a Judge thereof, for an order to the master to speed the i^roceedings, and to make 
his report, and to certify to the Court or Judge the reasons for any delay. 

RULE 76. In the reports made by the master to the Court, no part of any state 
of facts, charge, afhdavit, deposition, examination, or answer, brought in or used 
before them, shall be stated or recited. But such state of facts, charge, affidavit,. 
dei)osition, examination, or answer shall be identified, specified, and referred to, so 
as to inform the Court what state of facts, charge, affidavit, deposition, examina- 
tion, o^ answer, were so brought in or used. 

RULF 77. The master shall regulate all the proceedings in every hearing be- 
fore him, upon every such reference : and he shall have full authority to examine 
the parties in the cause upon oath, touching all matters contained in the refer- 
ence ; and a^so to require the production of all books, papers, writings, vouchers, 
and otlier documents, applicable thereto ; and also to examine on oath, rira core, all 
witnesses produced by the parties before him, and to order the examination of other 
t/itnesses to be taken, undtrr a commission to be issued upon his certificate from the 
Clerk's office, or by deposition, according to the acts of Congress, or otherwise as 
hereinafter ] rovided ; and also to direct the mode in which the matters requiring 
evidence, shart be proved before him ;and generally to do all other acts, and direct 
i 11 other inquiries and proceedings in the matters before him, which he may deem 
necessary and proper to the justice and merits thereot, and the rights of the par- 
ries. 

RULE 78. Witnesses whol.ve within the district, may, upon due not:c3to the 
oi)])osite party, be summoned to appear before the commies oner appointed to take 
testimony, or before a master or examiner apjiointed in any cause, bj- subpoena in 
the usual form, vrhich may be issued by the Clerk in blank, and filled up by tlie par- 

73, to 82. iuclosire, Concerninc lie'erences, and the manner of prococJiuK before roloroes, aii.l 
tliC reports to be made by rcferfss, to t'.e Court. 



78 MANUAL. 



RuloB in the U. S. Courts, in Ecjiiity. 



ty prayin;:: the Bam'^, or by tlie commissioner, master, or examiner, requiring tbo 
attLiiidance of the witnesses at the time and place specified, who shall be allowed 
for attendance the same compensation asTor attendance in Court ; and if any wit- 
neps shall refuse to appear, or to give evidence, it shall be deemed a contempt of 
the Court, which being certified to the Clerk's office by the coramiesioner, master, 
or examiner, an attachment may issue thereupon by order of the Court, or of any 
Judge thereof, in the same manner as if the contempt were for not attending, or 
for refusing togive testimony in the Court. But nothing herein contained shall 
prevent the examination of witnesses vimt race when produced in open Court, if the 
Court shall, in its discretion, deem it advisable., 

RULF. 79. All parties accounting before a master shall bring iu their respec- 
tive accounts in the form of debtor and creditor; and any of the other parties, who 
shall not be satisfied with the accounts so brought in, shall be at liberty to exam- 
ine the accounting party ric(t rocc, or upon interrogatories in the Masters oflSco, or 
by deposition, as the Master shall direct. 

RULE 80. All affidavits, depositions, and documents, which have bef n previ- 
ously made, read, or used in the Court, upon any proceeding in any cause ur mat- 
ter, may be used before the master. 

RULE 81. The Master shall be at liberty to examine any creditor, or other 
person or persons coming in to claim before him, either upon written interrogato- 
ries, or tica voce, or in both modes, as the nature of the case shall or may ap- 
pear to him to require. The evidence upon such examination shall be taken down 
by the master, or some other person, by his order, and in his jiresence, if either 
party requires it, in order that the same may be used by the Court, if necessary. 

RULE 82. The Circuit Courts may appoint standing Masters in Chancery in 
their respective districts, both the Judges concurring in the appointment ; and 
they may also appoint a master prn hi'.c kIcc in any particular case. The compen- 
sation to be aUowed to every Master in Chancery for his services, in any particu- 
lar case, shall be fixed by the Circuit Court, in its discretion, having regard to all 
the circmstances thereof ; and the compensation shall be charged upon and borne 
by such of the parties in the cause, as the Court shall direct. The Master shall 
not retain his report as a security for his compensation ; but when the compensa- 
tion is allowed by the Court, he shall be entitled to au attachment for the amount 
against the party, who is ordered to pay the same, if, upon notice thereof, he does 
not pay it within the time prescribed by the Court. 

IML .A. !ST:HS IFL. 

RULE 83. The Master, as soon as his report is ready, sliall return the same in- 
to the Clerk's office, and the day of the return shall be entered bf the Clerk in 
the order book. The parties shall have one month from the of filing the report, 
to file exceptions thereto; and if no exceptions are within that jjcriod filed by either 
l)arty, the report shall stand confirmed on the next rule day after the month is ex- 
pired. If exceptions are filed, they shall stand for hearing before the Court, if the 
Court is then in session ; or, if not, then at the next sitting of the Court, which 
shall Ijc hi'id thereafter, by udjournnient, or otherwise. 

RULE 84. And in order to prevent exceptions to reports from being filed for 



Ti. Exceptions to report of referee. 

84. Costs on filing exce;^tions to report. 



MANlTALv 70 

fillies in tlie IT. S. Courts, iu E«iuitv. 

frivolous causes, or for mere delay, the party whose exceptions are overruled,, 
shall, for every exception overruled, pay costs to the other party, and for evei v ex- 
ception allowed, shall be entitled to costs — the costs to be tisvctl in- each case bv 
the Court,. by a standing rule .'i/the Cir'liit Court. 

X3i £: c; x^ X2 X3 @ . 

RULE 80. Clerical mistakes in decrees, or d<'cretal orders, or errors urisin<'' 
from any accidental slip or omission, may, at any time before an actual enrolment 
thereof , be corrected by or'"ler o^ the Court, or a Judge thereof, upon i)etition,, 
without the form or expense of a re-hearing. 

RULE 8G. In drawing up decrees and orders, neither the bill, nor answer, nor 
other ])leadings, nor any part thereof, nor the report of any nuxster, nor any other 
prior i)roceeding, shall be recited or stat-ed in the decree or order ; but the decree 
and order shall begin in substance as follows : 

''This case came on to be h'eard (or to be further heard, aa the case may be,) at thid 
term, and was argued by counsel ; and thereuiwn, upon consideration thereof, it 
was ordered, adjudged, and decreed, as follows, ^^z : " [ Here inseit the decree or 
order. ] 

cst-xj-A.n.xjx-A-nxrs -A_3xrx> 3F»HLOoi3L3E:i3xr 

RULE 87. (tuardians ad litem to defend a suit may be appointed be the Court,, 
or by any Judge thereof, for infants or other persons, who are under guardian- 
ship, or otherwise incapable to sue for themselves ; all infants and other persons 
so incapable, may sue by their guardians, if any, or by th.e\r prochein ami, subject, 
however, to such orders as the Court may direct for the protection of infants and 
other persons. 

RULE 88. Every petition fof a re-hearing shall contain the special matter or 
cause, on which such re-hearing is applied for, shall be signed by ebunsel, and the 
facts therein stated, if not apparent on the record, shall be verified by oath of the 
party, or by some other person. No re-hearing shall be granted after the term, at 
which the final decree of the Court shall have been entered and recorded, if an ap' 
peal lies to the Supr me Court. But if no appeal lies, the petiMon may be admitted 
at any time before the end of the next term of the Court, in the discretion of the 
Court. 

RULE 89. The Circuit Courts (both Judges concurring therein,) may make any 
other and further rules and regulations for the practice, proceedings, and process, 
mesne and final, in their respective districts, not inconsistent with the rules here- 
by prescribed, iu their discretion, and from time to time to alter and amen d the 
Same. 

RULE 90. Li all casos, where the rules prescribed by this Court, or by the Cir- 
cuit Court do not apply, the practice of the Circuit Court shall be regulated by the 
present practice of the Uigh Court of Chancery iu England, so far as the same may 
reasonably be applied consistently with the local circumstances and local conveni-- 
cnce of the district, where the Court is held, not as jjositivc rules, but as furnish- 
ing just analogies to regulate the practice. 

85. Clerical mistakes in decrees or orders may bo correoted 0/ the Court. 

86. Form o' decretal or. lor. 87. Appointment of Gunrdians ad litem. 

88. What pftition lor a re-hearing shall contain. 

89. Circait Courts muv mako lurther Rnlrs of Practice. 

90. Practice in cases not herein provided for to be resu'atvd by tliat of the E iglisb C rinccry 
Courts. 



80 



MANUAL. 



Rules in tho U. S. Courts, in Equity. 



lU'LE 01. Wlicncver, under these rules, nn ont'a is or may l)e required to bo 
taken, tlie ]iarty may, if coueientiously scrupulous of taking an oath, iu lieu there- 
of, make solemn atlirmation to the truth of the tacts stated by hiui. 

IJULE 92. These Rul.s sliall take eflbct, and bo of force, in all the Circuit 
Courts of the United Wtat a, from and after the first day of Aufrust next ; but they 
may b-^ prev ously adopted by any C rcuit C )urt in its discretion; and wlieii and as 
Boon as these Kules shall so take tfl"'Ct, and be offeree, the Rules of Practice for 
the Circuit Courts iu Equity Suits, pronmlynted and proscribed by this Court, in 
March, 1822, shall henceforth cer.sc, and be of no further force or effect. The Clerk 
ofthis Court is directed to have tliese Kules printed, and to transmit a printed co])y 
thereof, duly certified, to the Clerks of tho several Courts of the United Slates, and 
to each of the Judges thereof. 

I, William Tuomas Cakholl, Clerk of the Supreme Court of the United States, 
do hereby certify, that the forog-oing- ninety-two Rules have been ordered, by the 
said Supreme Court, to be tho "Bulcs of Pnirtice in tsuits in Equity in the Oirndt 
Courts." 

Promulgated by the said Supreme Court, on this secoud day of March, in tho year 
of our Lord one thousand eight hundred and forty-two. ^ 

Per Cmiani. : 
Tkbte : 

WM. THOMAS CARROLL, 

Cleric of the Supreme Court of the United iStates. 

Additional Rule adopted December Term, 1863. 

No. 93. Ordered that suits iu equity ior the foreclosure of mortgage in the Cir- 
cuit Courts of the United States, or in any court of the Territories having jurisdic- 
tion of the same, a decree may be rendered lor any balance that may be found due 
to the complainant over ai.d above the proceeds of the sale or sales, and execution 
may issue for the collection of tlie same, as is provided iu the 8th rule of this Court 
regulating the equity practice, where tho decree is solely for the payment of 
money. 

91 Parties seruuulous recaulins: Oiith, niav mane afflrmation. 

93. Ill 8U1IS in foreclosure, oecreemay be eiiterej nnd exocation issu© for b.ilance after sales. 




MANUAL. 81 



Powers and Duties of Clerks ot tho Court, 




CHAPTER IV. 



OF THE 



OFFICf, POWERS AND DUTIES OP CIERKS OF COURT. 



Section 1 The Clerk elected in each County> under the provisions of Section 
2/ of Article IV of the Constitution, shall be the Clerk of the Courtfl of General 
Sessions and Common Pleas, and may appoint a Deputy, to be approved by the 
Court of Common Pleas, a record of Avhose appointment shall be made in the 
Clerk's office ; and in case no Clerk exists, the Jud<?e shall have authority to ap- 
point a person, ^vho shall perform the duties of Clerk, and be required to give the 
usual bond before entering upon the duties of the office. 

Sec. 2. Every Clerk aforesaid, before entering on the duties of his office, in ad- 
dition to the oath prescribed by the Constitntion for persons chosen or appointed 
to any office of profit or trust, shall take the following : "I, A. B. do further sweat 
(or affirm,) that I am under no promise, in honor or law, to share the profits of the 
office to which I have been elected, (or appointed^) and I will not, directly or indi- 
rectl^v, r- 11 or dispose of said office, or the profits thereof, but will resign or contin- 
ue to discharge the duties thereof during the period fixed by law, if I so long live : 
So help me God;" which said oaths shall be endorsed upon the commission, sub' 
scribed by the officer, and attested by two Trial Justices of the County, for which 
the said Clerk shall have been elected or appointed ; and at the opening of the first 
Court which may be held thereafter, the said Clerk shall produce his commission, 
with the endorsements aforesaid, and after the same has been published, by beiurf 
read in open Court, shall make a fair entry thereof in the Journals of the Court. 

1. Clerks of Sessions, .tnd C.inmon Pleas, XIV, Stat.. 10, §17.-3.32, §§1, 3. .3.— Code, §.3.3 

2. Outlis to be taken 5v Clerk.-CommiseioB to be rea i at first Court, uua enu-red on journal 
n, Stat,. 2~, I3.-XI. 93. §2. 



82 MANUAL. 

Powers and Duties of Cleika of the Courli 



Sec. 3. That every such Dci>iity slmll. previous to entering oa the duties of 
his appointment, take tlie oath or affirmation prescribed by the Constitution of the 
State ; and, when so (lualified, the Deputy may do and perform any and all of the 
duties appertaining to the office of his primripal - 

Sec. 4. That the api)ointment of every such Deputy shall be evidenced by a. 
certificate thereof, signed by lus principal, and sluiU continue during the pleasure 
of the principal ; and every principal may talvc such bond and security from hi» 
Deputy as he sluxU deem necessary to secure the ftuthful discharge of the duties 
of his appointment, and the principal sluill, in all cases, be answerable for the neg- 
lect of duty or miscoiuluct in office of his Deputy. 

Sec. 5. Tluit the Clerks of the Courts of Conniioa Pleas and General Sessions of 
the Counties in this State, before receiving their commissions, shall enter into bond, 
to be executed by them, and any number of sureties, not ex.ceeding twelve nor 
less than two, to be approved by a majority of the Board of County Commission- 
ers, that is to say : The Clerk of the Court of Common. Pleas and General Sessions 
for Charleston County, twenty thousand dollars ; the Clerk of the Court of Com 
mon Pleas and General Sessions of each of the other Counties, ten thousand dol- 
lars. 

Sec. 6. That every Clerk shall give constant attendance, either by person or ])y 
deputy, in his office, (Sundays, Christn^as Day, and Anniversary of American Inde- 
pendence excepted,) to be kept in a room to be provided for that purpose, in tho 
court house, and shall discharge all the duties requii'ed by law, or the rales of 
Court, from time to time, or that naay be im'ident to the office ; make a full, fair 
and correct entry and record of the proceedings of the Courts,, and otker matters 
pertaining to his office, in the various books recjuired to be kept, conforming to the 
mode prescribed by law, order of the Court, or usage of the office ;. file, in their 
proper order, all original papers, in causes instituted, or otlier authorized proceed- 
ings, and preserve with care all papers, books and furniture pertaining to, or con-- 
nected wth, bis office. 

Sec. 7.- The office of every Clerk shall be furnished with suitable cases, with- 
prb})er partitions for filing papers, under ajjpropriate labels, well secured from 
dust by means of siiutters filled with glass, to slide on rollers, with labels painted 
on the outside, indicating the kind of records ; and on tho case, inside, the number 
roll (or, if in session, the term) of tke papers contained within each partition; the 
lower part of which cases shall be divided into convenient aparfimanf-s for the 
books of the office, .with doors secured with proper fastenings, with labels painted 
outside indicating the particular descriptions of records contained in each division, 
that is to say : "Journals," "Dockets," "^Records After Judgment," "Miscellaneous 
liecords," and 'Register's Department.' Each office sluiU be furnished with a seal 
of office, with the proper device, a press, and such Idank b(wks for the various rc-- 
cords as may be needed from time to time, to be urocured by the Clerk, the ex- 
])enses thereof to be defrayed by the County Commissioners. 

Sec. 8 Every Clerk sliall have charge of the Court house within his County ;. 
open the same, when required for public use, and at all other times keep it closed; 

3. Deputy Clerk's oatli ot oitice, 14, Slat.. 3:33. §3. 

4. Certiflcate of Detutj's aopointment. lb. fcjtat. a32. 3. 

5. Bonds and sureties ot Clerks— Amount of bonds. lb. Stat. 19, 1. 
(i. Office (la.v?, and hcuis. ami duties, 11. Stat. 103, 4. 

'r. Oleiica) reguiatlonso' office— Cases 'or paper— Seal— Eecord Books. lb. Stat. 100, 5. 

8. Clerk to have cbarge ol Court-1 oase— Fenaltv lor keepins open at nigit. Id. Stat. 101. ■(> 



MANUAL. 8^ 



Powers and Duties of Cleiks of the Coiiils. 



and for pvery night any court house shall be kept open, the Clerk shall be liablo 
to !i penalty of five dollars, for the vi^o, of the County, to be recovered by indict- 
ment, 

Se€. 0, The original papers of record in each cause wherein judgment may bo 
signed or confessed, or decree may be entered, shall be filed, according to the num- 
l)er of enrollment, in the book of abstracts of ju<lgments, or of decrees, placing all 
the i)apers in each cause together. Original papers in the sessions shall be filed 
according to the term at which they were dijjposed of. alphabetically arranged f < r 
«?ach term, at^cording to defendants' names, all relating to the same cause together. 
Other papers required to be returned to, or kept in tlie office, shall be endorsed 
•with the cliuracter, date of filing, and number on file, numbering each kind, from 
one onward, and keeping all relating to the same matters together, under the 
same number, and shall be filed according to date and number, in appropriate box- 
es, with suitable labels, put up in packages, nitetl according to the year in which 
they may be filed ; upon tlte envelope or card there shall be an endorsement of the 
description or kind of )iapers therein, and reference to number, under the follow- 
ing heads : Bonds in Attachment, Bonds of Constables, Certificates from Supreme 
Court of Trial Justices' Appeals, Commissions, Inquests by Coroner, Reports, &c., 
dc Lunatko InquirendOy Naturalization, Venire Faeinx, Estrays, Dower, Partition 
Escheats, Affidavits, Attachments for Contempt and Kules, Sessions papers dis- 
posed of, to be transferred after judgment, where the same may be authorized. 
The following endorsement shall be made upon the record where the proceedings 
■warrant it, viz; On the judgment roll, the date when filed, number on docket, 
dJite and amount of judgment in figures, amount of taxed costs, judgment when 
signed, execution, date of issuing, and at the top, at some conspicuous jjlace, the 
number roll. On Bills of Indictment, date and character of finding by Grand Ju- 
ry, number on docket, arraignment, verdict or other disposition, and date, amount 
ot taxed costs, execution, date of issuing, and k'nd. On all ])apers returned by 
Trial Justices in the Sessions, shall be endorsed their character, and date of filing 
On every execution, before leaving the Clerk's office, shall be endorsed, near the 
top, the number roll, or, if in the Sessions, the term under which the case is filed, 
and in all instances, when an execution is returned for renewal, the fact and date 
of such renewal shall be endorsed on the execution so returned, and on the renewe^ 
execution shall be endorsed the date when first execution was lodged in Sheriff's 
office. All original papers in dower, partition of real estate, and inquisitions, shall 
be filed according to number roll, the papers pertaining to each being placed to- 
getlier, and the number roll plainly endoi'sed on the envelope, or outside paper, 
and also the book and page of record. 

Sec, 10. That the books to be used by the .several Clerks shall bo well bound 
and of good materials, as follows ; 

1. "Court OP Common Pleas Joukxai/' — Which shall contain a full account of 
the proceedings of Court, from the opening to the adjournment, excluding motions 
refused. A short .statement of each case called, and manner of disposition, and 
every order of reference, each under a general order, as far as may be ; record of 
the names of the jurors composing each Jury ; and all changes therein, and desig- 
nating the Jury who may try each cause under the title thereof, together with an 
exact copy of their verdict ; and whether upon trial before Jury or Judge, or by 

9. Original papers to be flie — En(lcr:;ement on, :inU u aiiner oi fill:: — Liibeis— Endoi-aedt«i:C' 
noun record — Ou uills of Ini'ictaient — On t)e=sJoas p.peis— Oo Executions— O.-igiiul papers m 
tlover. how f\\efl. 11. St.n. 101, 7. 

10. Books to be ustU bj Cerk . 



M M ANUAL. 

Powers and Duties oi^* Clerks of tlie Courts'. 



default^ancl if in default, whether in pfoof'or reference ,^ and all assessmentH each.' 
in wonis vX k'ugth.and not' in figures ^ awards t()iifirni*'d ; con f<>sKioi\s of Judgment 
during Court ; final judgment ; copies of all orders passed, or motioi^s granted, and 
other matters specially ordtretl by the Court to be entered, 

2. "COUKT OF GeneKal Se!«sioX9 J(>URNT>Ll/''^-^d-'be kept in a separate volume, 
after like manner, as far as may be, and includib^tlw? finding of (il rand, Juries on 
bills given out w*ith their other presentments ; and sentences of the Coiirt on par- 
ties convicted ; orders of 4stre?^{ ; 'fines iti'iposed/and oiher matters specWOy ordered 
fbr entry by the Court. 

3. "Indexes to tue Rfesp^TivE J(>uknal8 of the Commox Pleas ajtd Gen- 
AiAL Sessions" — To be alphabetically arranged at the end of each volume, which 
Index shall always be brought up by the first day of each succeeding term, 

4. "File Book" — In which shall be entered every case, on filing the complaint, 
showing, in separate columns, names of Parties, Plaintiff's Attorney, Defendant's 
Attorney, date of filing Complaint, date of Answer, Demurrer, etc., replication, and 
date of order for Ju tgment. 

5. "Dockets" — For Issues, Sessions, and Contingent, to be kf^>t in separate vol- 
umes, fcf use of the Court ;and a Bar Docket, ittf^single volinru' to be made on,, 
and before the meeting of the Court, and the Issue Calendar urn! Contingent, tt> 
be kept np as the pleadings are made up, or cases occur during the term, for both 
the Court and the Bar ■ Nio cause shall be entered on the Docket, except by the 
Clerk, or his Deputy, ncV by him, until the pleadings are made up. The Dockets 
of the Court shall be regularly preserved as a record of the Court, and shall sho^, 
in separate columns, the number of' Cause, nuliiber of Term,' names of Parties,; 
cause of Action, Plaintiff's Attorney,/ Defendant's Attorney, (and, in thsi Sessions/ 
Prosecutor's name ;) Order of the last Coii*t/ahd place for the event of suit, to be' 
entered by the Judge.- 

The Sessions Docket shall contain, separately arranged, rases of the previous 
term, under the title "Traverses ;'' and cases under the present term, under the 
title "Calendar." 

The Contingent Doclrtt^ shall contain, in the Sessions,alI the Rules, Bills found 
in which Defendants have not been arrested, and cases struck off, but in which' 
■/lol pros, has not been ehfcred.to be calWd' oh' motioh of the SbliWtor.- 

6. "Abstk.\ct of Judgments" — In which sllkll b^' entered each caW wherein 
judgment may be signed, including each case in' dow'ef, partition, and Escheat, af- 
ter judgment or final order, with separate columns, 'showing number of ifinroll- 
ment, names of Parties, cause of Action. Attorney, date of* Judgment, amount of' 
Judgment, time of bearing Intei'est/RoW J^udgmbnt* obtained. Cost's, (separating 
Attorney, Clerk, Sheriff, Witnesses and Total,) kind of Execution, date of Issuing,' 
Sheriff's Return, when Renewed, and Satisfaction, together ■\vith an Index, by the 
names of Defendants, and a cross Index by the names of Plaintiffs, each alphabet-" 
iteally arranged and kept in separate volumes, with the number of enr611ment of 
Judgment. 

10. Ciimmon Plejs and General Sessions .Journals, ani.1 Inaexe"* lo P'ACii — File B<'>i>k. I'l. btai. 

102. t8 — Dickets. entries in to Re mriile by Clerk — Sessions and Contineent to contain what. lb, 

103. $4. Absract of Jndsrments, what to contain. lb. 103. $5. Code §269, 288, 303. 305, a36. 337, 
401. — Sessions Index ID. 104. 7. Pleadinis and .Tndements lb; 104, 8. — Conlessions of Judsr.- 
ihent be'ore Clerk, lb.. 104 §9. Code, §§ 399, 400, 401— Fines and forleitnres. lb., 104 § 10— Roll, 
of Trial .lusticet, and Constables. lb 104. §11— Kstri\s. lb., 104, §13— Orders &c.. Code. § 335— 
Miscellaneous Index 11, St.it. 104 JU, Common Picas Calendars, see a7th Rue of Coiiri. 



MAWJALl' 86 

Powers and Duties of Clecka of tlie Courts. 

7. "Skssioxs lNDKx".-By names of Defcuclants, alphaliet^cqlly arra.jigcd, together 
with the offence charged, disposition of the case, and the term vhep ^ ended, anu 
number on file. 

8. "Pleadings AXD Judgments" — In which shall be entered, at ,len^th, tljie 
Complaint, Answer and Judgment in each cause wherein judgment may have been 
signed, and also the proceedings in Dower, Partition and Escheat, when. the final 
order and jvidgm«nt of the Coajr sjiall have Jjeen had, with an Index to names of 
ihlaintiffs. 

9. "CoNrKssiONs OF Judgment before Clerk-" — Into which shall be entered 
such ^oceeSings kept with ref^ence to-tJtiLe pumper of enn)llment in Book of Ab- 
scracts, instead of page, togetjier with Afi-Jpxlexjto this particular volume, in the 
xiames of Defendants. 

10. "Fines and ForfeitiiREs" — In whicji shaji ^,e .entered the names of all per- 
sons fined by the Court, or whose recognizance may be estreated, with separate 
<;olumn3, showing name, cajase of fine, when fined, by whoij-i fined, amount of fine, 
to whoin due, when <^JJected, bj.^vhom caUected, why ;}^t,C((}lleoied, when paid 

,,over, a^d to whom. 

11... "Trial Justices' amd CQfsmiA3iJjE.s"-R(j]Lj/'^r^lf\ which sJiall be entered the 

j^ame i-f each Trial -Justice and ConstaJsJ*, (pn talking the oaths of office, represent- 
ing, in separate columns, the names, da,te of qualification^ oflace, expiration of terni» 
a genuine signature, and, in -tjhe '(iase of a Constable, the names of the sureties to 
his bond, with an index ^^f each n-am«,.ali:^^b«ticaily arranged. 

\13. "EsTRAYs" — In >vhich hook shall Jbe eiitered, ip separate columns, date of en- 
try, kind of entry, description by appraisers, and tjieir names,,name of the Trial 
justice, appraiser's yjiluation. b}' whom taken up, wh^n sold, and disposition of 
proceeds. 

13. •'"Book OF Orders Appointing Receivers of 'Judgment Debtors." 

14. "Miscellaneous Index" — In which shall be entered, alphabetically, the 
names of all aliens who have taken any step towards naturalization ; all persons 
concerning whom i^roceiediu^gs nie Unatico iiiqitirendo may be instituted ; names of 
aliens naturalized; certificates and papers concerning corporations, and all matteis 
required by law to be recorded and not otherwise provided for, referring to papers 
nn file by numl»er and label. 

Sec. 11. The preceding books, required te be furnished and kept by the Clerk, 
shall be of the followi.M.g sizes, respectively,: 

1. Court of Common Pleas Journal, General Sessions Journal, Rules, Fines and 
Forfeitures, and Estrays, each of the size denominated "Demi ;" the Journals con- 
taining not leas than six quires each, and the other books not less than three quires 
each. 

2. il?ocket, Sesg!on3 ludex, Coufes.sions of Judgment before Clerk, Trial Justices' 
and Constabh\s' Roll, Book of Orders AppoinWig Receivers of Judgment Debtors, 
and Miscellaneous Index, each of the size denominated "Broad Cap," the first 
named containing not less than two quires, and the remaining books not less thau 

(four ([uires each. 

3. Pleadings and Judgments, in a volume not less than the size denominated 
• "Medium," containing not less thau six quires. 



11. SU3 DfbJuks to be uepc by Clerxs 11, Stat. IOj. § 8. 



B6 MANUAL. 



Powers and Duties of Clerks of the Courts. 



4. Abstract of Jnda:mentP, of tho pizo donfjinin.itcd "Suprr Koyal/' containinc; 
not less tliaii four (juires. 

5. Indexes to preeediu^ volumes, of the size denominated "Long Demi," contain- 
ing not less than six cjuires. 

Sec. 12. That to prevent false and erroneous entries in the Journals of the 
Courts of Common Pleas, it shall be the duty of the Clerks of the said Courts, re- 
spectively, on each day prevuius to the adjournment of the Court, to read over to 
the Judge who may ])re^ide, tlie minutes or tntries Mhidi fcluill have been made 
<luring the day in the said journal. 

Sec. 13. The Clerk shall not, in any case, permit either the books or the records 
to be removed from his office, though it shall be his duty at all times to permit 
■either ])arty to a suit, or his agent, or attornej-, to inspector copy, during the pen- 
dency of suit, any papers pertaining thereto, without charge, or furnish, on api)li- 
cation, certified copies thereof, on payment of fees i)er copy sheet. 

Sec. 14. The Clerk of the Court of Common Pleas in each of the Counties of 
this State, in which the public records in the custody of suchoflacer were destroyed 
or carried away during the war of 1861, '02, '63, '64 and '65, or in any other way 
lost, shall, at the expense of the funds in the hands of the County Commissioners 
for his County, procure bjoks, of proper size, and suit.ibly ruled and securely 
bound, to be labelled "Abstracts of Lost Judgments and Decrees," or, "Of Lost De- 
crees," as the case may be, in which he shall enter an abstract of every judgment 
or decree, a new record of which shall be ordered to be substituted, setting out in 
distinct and appropriate columns all the particulars required to be ascertained by 
the order of the Court, and such entry shall, without other or further record, be 
good and sufficient in law for all purposes for which the original record itself 
could have been used, and of equal authority therewith in all respects. 

Sec. 15. That the Clerks may administer oaths, take depositions and affidavits, 
sign orders of reference in vacation made by consent of parties, and take reuuuci- 
.ations of dower and inheritance. 

Sec. 16. They shall have the privilege of acting as Attorneys and Solicitors in 
■all the Courts in the State, except in the Courts of their respective Counties, pro- 
vided they shall have complied with the requirements of law legulating the ad. 
mission of persons to i)ractice as Attorneys, Solicitors and Counsellors in the 
'Courts of this State. 

Sec. 17. They shall not act as Sheriffs or Deputy Sheriffs, except as provided by 
^Section 4, Chapter 20, of this Act. 

Sec. 18. It shall be the duty of the Clerk, diligently and uprightly, to put in ex- 
ecution the laws of force directing the drawing, balloting, impanneling and sum- 
moning of jurors, so far as his co-operation may be required. 

Sec. 19. That immediately after the adjournment of any Court of Common 
Pleas and General Sessions, the Clerk thereof shall make out a roll of the Grand 

12. Tnread daily ectries to Julge. 7, btut., 279, §1. 

13. Books aim records noc to b3 takea from Clerk's office — May be insoccted by parties or at- 
torneys. 11 Stat,. 105, §9. 

14 Abstract ol lost Judgments and decrees, revivpd, kept t>r Clerli. 13 Stat, 355, § 2. 

15. Clerk mav administer oalhs &'. 11 Stat., 112, § 3^ 

16. Clprks may act as attornevs. 14 St:it., 533. 

17. Not to act :\» Slu^rjffor Dfouiy. 11 ;?tat., 112, §32. 

13. To eniorce Jury laws. I'J St-.it., 135 § 10 ; 1 4 33i;, § 7 090. 



MANUAL. W 



Powers and Duties of Clerks of the Courts. 



.Jurors, and Petit Jurors and Constables who sliall liave atteanled the same, exhib- 
iting the name, time of service, an'd amount due enrh Juror and Constable, and 
tlie term at which the service was performed, and shall enter the same on the. 
Journals of the Court of the term when such servif« shall be ]»«rformed, and 

.shall forthwith transmit to the County ("(mimissioners of the County a certified 
copy of such roll, and shall furnish each Juror and Constable with a certificate, in 
the following form : 

■"State of South Carolina : 

I, A. B, Clerk of the Court of Common Pleas and General Sessions for 
County in the said State, do certify that 
attended as a Juror, ( or actually served as a Constable, as 

the case may be, ) for .said County, days at 

Term, A. I). , and is entiCe:l to receive for the same 

dollars and cents; which certificate shall be signed by 

the Clerk of the Court, who shall issue the same, and be countersigned by tho 
presiding Judge ; or, in any case where a Judge may not be present during tlie 
term, the certificate shall be countersigned by the Sheriff of the County; and, in 
Addition to what is above,d<?scril)ed, shall set forth such absence of the Judge ; 
and all certificates so issued and executed shall be valid. 

Sec 20. Whenever it shall so happen that any Court of Law in this State can- 
not be held at the time appointed, in consequence o± the absence or indisposition 
•of the Judge, it shall be the duty of the Clerk of such Court, or his Deputy, to open 
imcLadjourn the same from day to day, until the Court shall meet, or until he 
may receive due notice that the ludge will not be jiresent, when he shall ad- 
journ the same until the first day of succeeding term. 

Seo. 21. It shall be the duty of the said Clerk to issue every execution, bench 
warrant, or other process, issuable, or d rected to be issued, by the Court of Ses- 
.f*ions, in the name of the Attorney (yeneral or Solicitor of the Circuit, and also to 
issue all rules and notices ordered in the Common Pleas, and test in his own 
name, under the seal of the Court, all writ.s and processes issued either in the Com- 
mon Pleas or Sessions, and to sign officially all judgments, and strife the time 
when each is signed and entered. 

.Sec. 22 Whenever security for costs may be ordered to be given, or maybe 
tendered, by any plaintiff, in vacstrioji or in tenn time, the Clerk aforesaid sluill 
witness the signature of tho surety, and shall, in the first instance, judge of the 
eufficiency of the security ; the f.)rm of the undertaking to be according to law, 
or the rule of the Court on that subject, if there'i'e no law. 

' Sec. 23. The Clerk, as to lands within his County, and deeds to be recorded in 
liis office, is authorized to grant all writs of dedimus potestatern , directed to two or 
more Commissioners, for taking renunciations of dower, or releases of inheritance, 
irnmf ernes covert, or for the purpose of taking probate of the executions of all 

19. Clerk to 'r;ike roll of Jurors aiul ConMables and relurn same to County Commissioners!, 
ano to furnish Ceititicntes to jurors -jnd Ctiiiscables, whicli are to be si£nieil oy a .ludsre or Sheriff. 
:ll Stat, IOC, §14. 

20. ( lerk^ to iiilj urn Court i'l absence o'' Ju'l^e. I). 1)1, § 13. 

21. To issue ber.c.i will r.inl!-, and other pioce,sse.s. and sigi judgmeius offl ially. lb. Stat., 
. 107. § 16. 

2i. To judse of ?ecnritv offp/e'l. lb, 100. § 22. 
:;23. To arsat \\ri<. o' dedimus poisstafein. lo, 100, 23. 



88 MANUAL. 

Powers and Duties of Clerks of the Courts. 

dft'ds undiT sciil, wlicrc snchfenH'K cuvevt, or the ptT.sons to prove such deeds, re- 
side without the limits of this State. 

Sec. 24. It shall be tlie duty of the Clerk, or of the Re}>;ister of Mesne Convey- 
ances, as the case may be, in wliose office any judgment or mortgage may be of 
record, on the receipt of the fees, to permit any judgment creditor, or his or her 
attorney, or any mortgagee, as the case may be, to enter sati.sfactiou thereof, or if 
any Judge shall order satisfaction to be entered thereof, to enter of record satit- 
faction accordingly. 

Sec. 25 It shall be the duty of any Clerk, or acting Clerk, to advertise any elec- 
tion to be held for any Judge of Probate, Sheriff, or Clerk, to be «dected in the Coun- 
ty where such Clerk officiates, to supply any vacancy occurring in either of such 
offices, where such vacancy shall exceed one year, and issue notice to the Commis- 
sioners of Election to conduct the same, and for every willful neglect herein he 
ghall be liable to indictment and punishment as for a high misdemeanor. 

Sec. 26. Tlrat in case of any vacancy in the office of Judge of Probate, the 
Clerk of the County shall take charge of said office, and all papers therein, and dis- 
chage the same duties, receive the same fees, and be subject to the same liabili- 
ty as by law provided for a Judge of Probate, until a Judge of Probate shall 
be appointed by the Governor, or elected and commissoned for such County. 

Sec. 27. Tliat in case of vacancy in the office of Sheriff, tlie Clerk of the County 
shall take possession of the jail of such County, and charge of the prisoners con- 
fined therein ; and, also, possession of the Sheriff's office and the papers therein, 
until the Coroner for such County may take charge of the same, or \xntil a Sheriff 
shall be appointed by the Governor, or elected and commissioned for such County, 

Sec. 28. When any execution shall be returned for renewal or as satisfied by 
any Sheriff, the Clerk shall enter such renewal or satisfaction in the appropriate 
column of the abstract book, and, in case of satisfaction, shall enter the same on 
the original record, and it shall not be lawful for any Clerk to affix the seal of 
the Court to any renewed execution, unless the one previously issued shall have 
been delivered to hira, or unless authorized by a Judge's order. 

Sec. 29. It shall be the duty of tlie Clerk to administer the oath of office requi- 
red to be taken by Trial Justices appointed within his County, on their application, 
within ninety days of such appointment ; and on the first day of November, annu- 
ally, he shall transmit a list of the names of Trial Justices who have qualified du- 
rmg the preceediiig year, to the office of the Secretary of State at Columbia. 

Sec. 30. It shall be the duty of the Clerk to administer the oaths of office re- 
quired by law to be taken by a Constable, on his entering into bond, ag prescribed, 
*>t the sufficiency of the surety to which the said Clerk shall be judge, to be filed 
in the office of the Clerk ; and the Constable shall furnish a genuine signature of 
Lis name in the book prescribed, whereupon the Clerk shall furnish an official cer- 
tificate of such qualification ; and when such Constables as shall be summoned in 

24. Satisi'actioa of judements and morijrages, how eniererd. 11 Stat., 109, §19. 

25. To advertise for elections in certam cases — Peualtv lor nsglect. lo :3tat , 113, §80. Gen 
Slat., 35, § 2. 

36. Toactas Judee of rrobate. when office is vacant. lb, 113, § 35>. 
28. To act as Sheriff when that office is v.-.caut. lb. 

28. lieoewal or satisf ictiun ot execuiioiis to be approDriaielv entered. lb, 109. 1 19 

29. 1o admiuiiiter oaih oi ofijcc to Trial Justices, and trausmu list annually to bee. State. lb, 
Stat., 113, § 30. 

30. 'I'oflwear in Constables, t,.k: sureties aud Jurais'j cerlifica'.es. lb, 112, §81. 



MANUAL. 8© 



Powers and Duties of Clerks of the Coxirts, 



Writing by the Sheriff to iittetl each Court shall fiiil to appear, according to such 
summons, such default shall be noted by the Clerk, and such other proceedings 
had as in case of jurors in default, or as the Court may order. 

Sec. 31. In all cases the ("lerk shall render his account against the County for 
fees in State cases, under oath, to be taken and subscribed before the Judge or 
any Trial Justice of his County, in which the nature of the service shall be fully 
set forth, and if in the Sessions, the name of the party, offence, charge, and 
termination thereof, and which shall be credited with all moneys received by him 
and due to the County ; nor shall any Clerk be entitled to receive any fees from 
the County in any case where the defendant is convicted, unless he makes oath 
that such defendant has been dischaaged from inability to pay costs. 

Sec. 32. Before the accounts of Clerks shall be presented to the County Treas- 
urer for payment,'they shall be sworn to by said officers, examined and certified 
to by the Judge presiding in the Circuit Court in the County, approved and or- 
dered to be paid by the County Commissioners. 

• Sec. 83. In all cases where any Sheriff, Coroner, Trial Justice, or Constable, 
shall be required to obtain the official certificate of any Clerk to his contingent ac- 
count, specifying any matters required by law to be certified, the Clerk shall fur- 
nish such certificates, according to the facts, upon application and payment of 
fees. 

Sec. 34. It shall be the duty of the Clerk to furnish, free of charge, to the 
County Commissioners, when required, an official certificate of all liens that may 
be of record mhis office, on ihe property of any individual who may be offered as 
surety to the bond of any public officer, whether by judgment, mortgage, or other- 
wise. 

Sec. 35. The Clerk of the Court of Common Pleas and General Sessions of each 
County in this State shall furnish, and is required to keep in his office, the 
weights and measures established by law, which shall be the standards of all 
other weights and measures in said County, and to which any person shall have 
free access to test the same ; and the Governor of the State is authorized and re- 
quired to purchase such standard weights and measures out of tlie fines and for- 
feitures incurred in the respective Counties where such weights and measures 
are to be kept. 

Sec. 36. It shall be the duty of the Clerk to return to the County Commissioners, 
on or before the last day of Uctober in every year, an account upon oath,in dupli- 
cate, of all fines and forfeitures inflicted in their respective Courts during the pre. 
ceding year, and of the amounts had and received by them, and of the manner in 
which said fines were disposed of, under penalty of two hundred dollars, to be re- 
covered against any Clerk for default herein, by action. And it shall be the duty 
of the County Commissioners to request the Attorney General, or Solicitors, as the 
case niay be, to sue for and recover the said sum of every Clerk that may fail to 
render such account. 



81. Clerk* to make oath their account*. 11 Stat.. 118, §35.-14. 372, § 4" 

32. Clerii's acrouais to be approved bs Judge auU oy County Coramissioners. 11 iJt'U., 214, %% 

33. Cleks to finibb bljeriffs and other officers' cei titicaies. 14 Siat., 113, 87. 

34. To {live County Con>missioners certain information, Iree. la Stat., 113, 37. 

86. Cler<8iokeep Stau.lard weiehts and measuios. 11 Siat., 173.— 13 btat.. 300, § 1. 

38. Clerks to render to Couniv Commiesioners, annuollj, account o( tiiieg and lorfeitures,— 
P»naiiy for neg'.eci. 5 Slat., 710, 27 ; 9 fetat,, 139, 14. 



VO MANUAL. 



Powers and Duties of Clerlxs of the flourts. 



Sec. 37 Every Clerk shiill l)e ros]innpib]e for the books, pjijx'rf; and furniture 
in liis ofBre ; and u])on liis rtrtirino; from ofTic-t , or death, he or his rejir-'sentativea 
sliall be bound to transfer nTl,*:uch books, ]iapers and fuuiiiture to his suecessor, 
immediately after such suecessor shall "have entered ujjon the duties of his office, 
\inder a penalty of oue thousand dollars, and imprisonment, n<jt exceeding one 
year ; but before surrendering such books, ])apers and furniture, the Clerk so rtv 
tiring from office, or liis representatives, shall be entitled to require from sucii 
puccftssor, (who, under like penaly, shall be boundi. ) execute the same,) a receipt, 
in writing, therefor, which shaill specify rlie number;, title and condition of every 
book, the number of records, as appears by the enrolment, and such other dassiti- 
catiou as it may be convenient to adopt from the arrangement of the office, all the 
packages of papers in office, and the description and condition of each article of 
furniture ; a duplicate of which receipt shall also be given, and shall, by the 
Clerk so retiring from office, or his representative, be filed in tlie office of the 
^County Commissioners for the Csunty ; and every Clerk, having retired from 
(office, or his represenatives, shall be liable to an action, in the name of the Conn 
tty, for damages for any books, papers and furniture, which shall be proven to 
liave been in his possesiion, and shall not appear, by such receipt, to have been 
ttransferred to his succes5ors, or, having been so transferred, shall appear to have 
Ibeen through neglect, injured during his continuance in office. 

Sec. 38. That all fines and penalties imposed and collected by the Circuit Couirt 
•<if General Sessions in criminal causes shall be forthwith turned over by the 
"Clerk of said Court to the Countv Treasurer of the County wherein the same are 
vimposed : Provided, That when, by law, any person or persons entitled, as inform- 
'er or informers, to any portion of the fine or penalty, imposed and collected, the 
.same shall be immediately paid over to him or them. The}' shall also i)ay <innu- 
;ally to "the County Treasurers of their respective Counties, for the use of the 
iState, all such moneys as may have come into their hands as taxes from persona 
irepresenting, publicly, plays and shows within the limits of their said Counties- 

Sec. 39. If any Clerk shall fail to pay over any moneys paid to him by order 
'or permission of the Court, within five days after demand of the person entitled 
^o receive the same, he shall forfeit antt jp&y five per cent per month, until the 
:same shall be ])ald over, to be recovered, togetiier with such amount received, by 
^action o n his official bond, besides being subject to rule and attachment as for a 
• contempt. 

Skc. 40. If any Clerk fail to pay over fines and forfeitures received by him, 
■within five days after demand of the pereon entitled to receive the same, he.shaHl 
forfeit and pay five per cent, per month, until the same shall be paid over, to bo 
recovered, together with such amount received, by action on his official bond, be. 
;8ide8 being liable to rule and attachment as for a contempt. If he shall fail to 
■give to some member of the Board of County Commissioners the notice required 
'by law to be given, he shall forfeit and pay double the amount so detained with 
<out notice. 

3T. CiiTics rePDon''ible for fnriiiinre ana reeords— liable forclainaires to— P tonally for not traii.s- 
len-lue to pucoe«sor. It St.it., ill, 41. 

37. Fine? and penalties Ac, how disposed of. 11 Stit.. C>5, 1 ; 3 Siat., 711, 35 ; 11 SUit , 240, 3. 

39. I'tiially for not pajing ov«r lunds. 11 Stat., Ill, 23. 

40. Penalty (or lailuie to notifj Coinuiiasioner*. 11 Scat., Ill, 28. 



MANUAL. 91 



Powors and Duties of Clerks ot tlie Courts. 



Sec. 41. At eadi stutod sopsion of tho Court of Common Plea.'', the Clerk there- 
of shall present an aecount to said Court of all moneys remaining therein, or sul)- 
ject to the (jrder thereof, htatiiig partieiilarly on account of what cause or causes 
said moneys are deposited, which account, and the vouchers thereof, shall be filed 
iu Court. 

Sec. 4v. That in every case in which a Clerk of the Court of Common Pleas 
shall issue an execution, he shall attach thereto a bill of each item of costs there- 
in charged, and shall, on applicati.m of defendant in execution, tax all costs which 
accrue to the Sheriff for services on such execution. 

Sec. 43. If any Clerk shall charge any other fees or for any other services than 
those allowed bylaw, lie shall h^ lialile to forfeit to the party injured teu times 
the amount of excess of fees so improperly charged, to be recovered by action in 
the Court of Common Pleas, or by rule, when the penalty may not exceed twenty 
dollars. 

Sec. 44. The Clerks of the Courts of Common Pleas in this State, in all civil 
causes or proceedings hereafter to be instituted, or now pending, or at issue, in 
the Courts of Common Pleas, for their respective Co.inties, shall, ujion the applica- 
tiou of either party to such cause or proceeding, after teu days' notice to the ad- 
verse party, take, in writing, the depositions of said party, or of any witness or 
witnesses in said cause or proceeding, whose examination shall be required by the 
party making such application ; upon taking which depositions, the several parties 
shall be entitled to the same rights of examination, cross-examination, aud examin- 
ation in reply, and to the same exceptions to the admissibility of evidence, as are 
allowed by law upon examination before the Court. And, the depositions so taken 
shall be certified by the Clerk before whom such examination was had, and shall 
be read in evidence at the trial of the said cause or proceeding; subject, never- 
theless, to the right of either party to reriuirethe personal attendance and vic". voce 
examination of the witness or witnesses at the trial of said cause or proceeding ; 
the exercise of which right, however, not to cause a continuance or delay in the 
trial of the said cause or i^roceeding. That every Clerk of the Court of Common 
Pleas shall have power to compel the attelidance before him of the witness or wit- 
nesses to be examined, as aforesaid, upon the application of a party to any civil 
cause or proceeding hereafter to be instituted, pending or at issue in the said' 
Court ; for which purpose, he may issue a subpoena to any such witness, which 
shall be served personally ; and if any witness, upon whom such subpoena has 
been duly served, shall fail to attend conformably thereto, the Clerk by whom the 
same was issued shall have i)ower to issue a rule, requiring such witness to show 
cause why In; should not be attached for contempt; and, upon the failure or neg- 
lect of such witness to show cause, the said Clerk shall have power to issue an at. 
tachment against such witness for contempt, wliicli attai-hment shall not be dis- 
solved, except by the order of a Judge, or of the said Clerk. 

That every Clerk of the Court of Common Pleas, for taking the depositions liere- 
inbefore mentioned, shall be entitled to demand and receive the sum of one dollar 
for each witnea examined, to be paid by the party against whom judgment shall 
be rendered in said cans*' or ])roceeding. 

41. Clerks to present :;ccoants of money received to Court. 14 Stat.. 17. 13. 

42. Bill of costs to be attached to each exeoHtioti. 6 Stai., 330. 5. 

43. Liabihty of C'ltrks lot overciinrge lor lees nr sieivices. 11 Stat., 17, 2. 

44. Ciorks may lake ilepciiious — compel atteudance of witnessss, aad receive special fees 
ior uxumiuatioii. 15 btat., 41. 



•92 MANUAL^. 

Powers and Duties of Clerks of the Courts. 

Skc. 45. That an Act outitlcd " An Act to revise, simplify and abridge the rules, 
practise, pleadings and forms of the Courts of tliis State," be, jand is hereby, 
simended as follows, viz: Insert, in Section '6'SO, at the close of sub-division 4 of 
*aid Section of sa.id Act, the following words: "And in any civil ai-tion under this 
Code, Clerks of the Courts, Trial Justices and Sheriffs shall be entitjed to demand 
jind receive of the plaintiff in any such action, in advance, the jsttifte, compensation 
as is allowed by law." 

Sec. 46. It shall be the duty of rcl»e Goqiirl:rr(ller-G<}nerdlnf'.<iSCerta|n the num- 
ber of officers in this State from whom bonds are ^lejjitirecjapdtti/ cause an equal 
.number of said bonds to be punted annually, atrthc eyp^nijc qf the State, having 
"ithereon tlie blank forms for the proper officers to apjjro.e securities, ^md for pro- 
bate ; and to distribute to each County, annually, a number of said bonds equal tp 
•the number of officers from whoiji bonds are required in said County respective- 
ly. 

It aha]] be the duty erf each Qlerif to receive the hondsifor his County, and tp 
■deliver od( to each person elected or appoijated to tiny, such office, whenever culled 

tfor. 

Skc. 47. That guardi-auf;, trustees, adiuinistrators, executors. Probate Judges and 
Clerks of Courts, and all.otlier persons holding funds in trust for investment, are 
:tiuthorized to investthe same in bonds of the State of i-South Carolina. And are 
"iiiereby relieved from Jtil responsibility foj said investment, except for the safe 
"keeping of the' bonds-; Providefl That, as to officers of the Court, there be no or- 
•Her of the Court directing a different investment. 

Sec. 48. That the Clerk ot the Court shall file the duplicatij certificate of theap- 
ipraisers and Trial Justices in all instances of E.'^tra.y ttuken up, where the same 
.shall be returned, and also the certificate of such Triill Justice, of the amount and 
tdisposition of the funds arising therefrom ; the same'.beiiig entered in the book of 
.*-strays, which shall always be subject to the inspection of any person desiring to 
»e;s.amine the same free of charge. 

If ajiy Trial Justice or Clerk of Court, or person taking up any e.stray, shall re- 
i^use or neglect to perform the duties prescribed by this Cliapter, each and every 
«of them shall forfeit and pay the sura of twenty-five dollars, to be recovered and 
r.applied to the use of anj' person who shall inform and.^ue for the same, and shall 
auorc over be liable in damages to the party aggrieved. 

Sec. 49, The Clerk of every Circuit Court shall, upon the request of either par- 
ity, issue one or more subpoena or subpoenaes, for any person or persons to attend 
ras witnesses in any cause or matter depending in the same, expressing in every 
■ fsubpcena the time and place when the witnesses, are to appear, the names of the 

parties to the suit, or cause wherein they are to give evidence, and at whose re 
equest they are summoned. 

If any witness shall be an inhabitant of another County, the Clerk shall issue a 
^S!uhpoena directed to the Sheriff of such County where such witness usually resides, 

which shall be by such officer executed, and returned to the office whence the 

same issued. 



45. Clerics, Slieril/B and Trii'.l Justices mav demand fees In mlvance. lb, 190. 

46. Clerks to receive, and distribu e bonds of public officers. "VI, Stnt.. 384, t2. 

47. How (clerks holdinz trust fuuds m;*.- invest itiem. Qe i. Stat.. 13J . 1)7. 

48. ClerKe- to file certificate of aporalsors olEsIray.^. 10. 854, 7. 10 

,49. Clerks to issue subpajiins t'r 'viiueaseH, on request of p.-.rtie». 7, Slat,, 918, r 16. 



MANUAL . 9^ 

Powers and Duties of Clerks of the Courts. 

Sec. .50. That any Judge of tl^ Cii^cu^ 'ft Court, or the Clerk of said Court, shall 
Ijave power and authority, on the application of any ])arty to a suit pending in tlio 
Court of Common Pleas for his County, which application may be made to him by 
the party, either in person, or by agent or attorney, to grant commissions, under 
the seal of the Court, directed to three or more coiaaiii-sioners, authorizing and em- 
powering tliem, or any two of them, to take the dei)ositions, in writing, of the wit- 
ness or witnesses therein mentioned, resident without the limits of the State or 
County where the trial is to be liad, or that reside at a greater distance than one 
hundred miles from the Court where said action is instituted, or may be about ta 
remove without the limits of the State before the sitting of the next Court,. or be^ 
fore the suit will stand ready for trial, or whose presence cannot be procured br 
reason of indispen.'jable attendance, on some public oflBcial duty, or professional 
duty as an attorney at such time, or of such sickness or infirmity as inteapacit'ates 
such witness or witnesses from traveling, in order to appear and testify touchin"' 
fluch matters as they may have in charge by such Commission : P'-otided,- That 
ten A'iifr' notice of such al)plif'A!l'ii^,h•.,^<*'ltlI■a copy of the interrogafories j)ropospd, 
bo served upon the opposite party or attorney, who shall have teftVe to resist such 
application, on cause shown : Provided, aim, That such application bo accompa- 
nied by an affidavit of the party applying, declaring his or her belief of the ma- 
teriality of any witness proposed to be so examined, together with fhie fact which 
may entitle the party to such commission: Protided, also, That eiih^T party to a 
cause in which a commission has been issued may, in the discretion of the Court, 
on motion, and upon showing that two days' notice thereof has been given to tho 
adverse party or attorney, be entitled to a rule to compel the personal attendance 
of any witness so examined, who may reside within tlie Couinfy',. ol- not more than 
thirty miles from the court house where the trial is to" be I'lrtd. 

Sec. .51. That the Clerk of the Court of Comimon Plea'S' in- each County, at least 
fifteen days before the -'OtoTO'encement of any regular term of the Court of Gener- 
al Sessions for the County, and ten days before any sp<pcif^l sessiofii requiring a jur\", 
and the in County of Charleston like periods before the fi^st of each alternate week 
of the Court of Common Pleas, and at such other times as the respective Courts 
may order, shall issue writs of venire facias for jurorsyand shall therein Require 
the attendance of jurors on the first day of the termy and for the Court of Com- 
mon Pleas for the County of Charleston on the first and eact alternate week there- 
after, and such others days ais ttie Courts may order. Tfie petitjurors returned 
for the Court of Geftieral Sessions for Clialrleston County shall serve for the term, 
and the jurors returned for the Court of Comin'on PTeas for two weeks ; the jurors 
for the Court of Gen'-ral Sessions for all other Counticg' sliall serve for the term, 
and f\ r the term of the Court of Common Pleas immediately foJlcnving. 

Xothinji; contained in this Chapter shall prevent the Clerk of any Court of Com- 
mon Pleas from issuing venires for additional jurors' in term time, whcneTer it is 
n ■cessary for the convenient dispatch of its business, in which casetlic ccnlrfs shall 
be served and returned, and the ju/ors required to attend on such dove as tlie Court 
eliall direct. ^ 

Sec. 52. When jurors are to be drawn, the Board of Jury Commissioners shall 
attend at the office of the Clerk of the Court of Common Pleas within and for that 
County, and, in the presence of the Clerk of the Court and the Sheriff of the Coun- 

50. Clerks mar grant comini«sion9 toextralne witnp»«e«. 5. stat. 45.9 — 6 44. 1. — 11.107 ,16^ 
61. Venires-, regular and speciMl, for jont-s, to be i««\ied by Clerks. Gen. fctat., 470. 10, 12. 



94 MANUAL. 



Powera and Duties of Clerics of the Courts. 



tv, shall s-liakc up the nan>i'8 i:i the jury Vox until they arc well mixed, and hav- 
ing unlocked said lox, th.e said Bourd of Jury (\.mn) Jsf;ion( tb, in the preBciiCe of tho 
Clerk of tlie Court and the Slieriff of the Couitj', shall proceed to draw therefrom, 
■N\";thout seiing the names written thereon, a number of ballots equal to the num. 
bcr of jurors required. If a person so clrawn is exempted bylaw, oris unable, by 
rpi-iou of sickness or al scnce from home, to attend as a juror, or if he lins served as 
a juror in any Court within the year then next preceedingr. his name shall he re- 
turned ir.to the box, and another drawn in his stead ; Pruridcd, That if the Clerk' 
and Sheriff shall fail to attend, after due notice, the Jury Commissioners shall pro- 
ceed w.thout them, and the jury so drawn shall be lawful. 

Sec. 58. On the day the jurors are summoned to attend at any Court, the Clerk 
shall prepare a list of tluir names arranged in alphabetical order. The first twelve 
on the list who are not exempted, shall be sworn and empanelled aa a jury for the 
trial of causes, and shall be called tlie first jury. The next twelve on the list shall 
bo sworn and empauneJled in like manner, and shall Le called the second jury. 

Sec. 54. Tlie Clerk of the Court of General Sessions in cvcli County, not le8.=» 
than fifteen days befor-^- the commencement of the first term of t'je Court in each 
year, shall issue writs of rruire fariiUi, in each County, for eighteen grand jurors, 
to be returned to that Court, who shall be held to serve at each term thereof 
throughout the year, and unt 1 another grand jury is empanieTed in their stead. 

In case of deficiency of grand jurors in any Court, writs of venire frtcins, may be 
issued to the Sheriff of the Count}' in which said Court is held, to return forthwith 
such further number ( f grand jurors from the bystanders as may be nceied 

Skc. 55. Immediately aff or the conclusion of eacli Court wh' r:" petit jurors serve, 
each juror shall, lefcrethe Clerk of such Ccurt, prove on oath tie number of daj^s 
he shall have served or attended to serve as a petit juror at such Court. 

Sec. 5G. Any prisoner on mesne or final prcci^ss in faiy civil action, who shall 
be committed to the custody of tlie Sheriff of any County of this State, on comply- 
ing with the requisitions contained in this Chapter, shall be entitled, in every day 
during his confinement, to be and remain unmolested in any part of the rules, or 
bounds or limits of the prison wliere he sl.all be confined : which rules, bounds or 
limits shall be coterminous with the limits of the County. Any prisoner in execu- 
tion on any civil process, shall be eatitled to the benefits of this Chapter, provided 
he shall, within forty days from tho date of his bond, render to the Clerk of Court 
of the County where he shall be confined, a schedule, on oath or affirmation, of his 
whole estate, or of so much thereof as will pay and satisfy the sum duo on the ex- 
ecution by force of which he shall be confined, and proc3jds to procure his discharge 
either as an insolvent debtor or ])Oor prisoner. 

Tho Clerk of tho Circuit Court in each County of this State shall hear and deter- 
mine all applications for the benefit of the provisions of Section 1 of this Cliapter. 
In cases where tlie Clerk of the Court cannot hear and determine such application, 
cither on account of interest, sickness or absence, but in no other cases whatever 
any Trial Justice of the C.unty may hear and determine any application for the 
benefit of the provisions of tlic first Section of this Chapter. 

52. Cl-TKS to a'teiid at drawing of juries. Ilj. 477, 35.* 

53. Mnnner of einpaiinelinj juiies. Id, 473, 1!). 

64. Oiaiul juror?, wi en :.nd how rcturuco, ar.d term of seiwcc— Dcfieier.cv in numbers, l;ovv 
sunpUea. Ueiier^il btotiites. 6S1. 1. .3, 
55. ClerKS to oiove jurors .ittembnce. on oath. Ij., 473. 33. 
50. Clei'ks 01- Ti'i. I Ju^t.ces 'o lie r p.'i'.ious f.r prUou bouids, l'\. 63J, 3, 3. 



MANTTAL. 95 



Powers and Duties of C'lciks of the Courts. 



Sec. 57. The Clerk of the Court of tlie County w'ucujho shall be confined, with- 
in ten (lays alter the receipt of tlic aclicdulo from the jjriaoiier, shall jjive piiLlic 
noticelh.it the prisoner will be liberated and the property as^ii,rn«.d, unless satisfac- 
tory cause is shown to the contrary beforj the Jmi^e of the Court where the pro- 
cess originated ; and if no sat si'actory cause sliall be shoAvu to the contrary, tho 
Judge before wliom- th^/ prsoncr shall be l)r,juyht shall order an assignment of 
the prisoner's estate and effects,, mentioned m tl.c schedule, to be made to tho 
plaintiff, sal ject, neverthelesp,. to all prior encumbrances ; whereupon the creditor 
may take possession, and, if necessary, sue in his- or hej o^vn name for the recov- 
ery thereof, and tlie pr soner sliall be discharged from confiiiemf nt. 

Sec. 58. The Clerk- or Trial Justice who may hear and detennine the applica- 
tion of a prisoner for the benefit of the provisions of Section 1 of thisChapier, i^hall, 
if the same be unlitigateJ,be entitled to receive the sum of two dollais out of tho 
property that may be assigned l)y the prisoner, as a compensation forhin .■^t r -ices : 
and, whenever the same is liti_jated,. the said Trial Justice shall be entitled to re- 
ceive the sum of four dollars as a compensation for his services, out of the proper- 
erty of the prisoner, if the final decision be against him , but if it be in his favor. 
then the said sum shall be paid by the plaintiflT. 

Sec. 59. Hereafter, when any pros?culor, resident in the judicial district where 
the prosjcution is instituted, in criminal cases less than capital, shall have been 
committed to jail by reason of his or her inal ility to g.ve suret)', on his or her rec- 
opnizancj to prosecute, the Clerk of the Court of Common Pleas and General Ses- 
s'.oLS of such District shall have power to discharge such prosecutor on his or her 
own recognizance, up hi bjin^ satisfijl ofais or her inability t) give such surety. 

Sec. 60. Whenever any witness in a criminal case less than capital, shall have 
bi-en committed to jail by reason of tho like inability to give surety on a recogniz- 
ance to testily, the Clerk of the Court shall have the like power to discharge such 
witness on his o) her own recogiizauce. 

Sec. G1. Prosecutors or witnesses failing to appear muler such recognizances 
shall be deemed guilty of a misdemeanor, and tlie Attorney -General and Solictors 
are hereby authorized- to order warrants to issue against such offenders, without 
ailidavii or boiid to prosecute.. 

Sec. 63. The Clerks of the Court shall be entitled to one dollar costs for eacli 
recognizance taken under the provisions of Sections 9 and 10 of this Chapter. 

Sec. 63. A transcript from the minune books of the former County Courts shall 
be good and legal evidence in all trials in any of the Courts in this State, when it 
may be necessary to give such proceedings in evidence : Provided, That such, 
transcript be regularly and duly certified under the hand of, cni sworn to by, tho 
Clerk or keeper of the said proceedings and records of the County Courts so abol- 
ished, Avhohas, bylaw, the custody thereof; any law, usage or custom to the con- 
trary notwithstanding. 

■ Sec. 64. Tlie Clerks of the Courts of Common pleas and General Sessions ia 



67. Clerk to eive pubiio notice of lioeraiioH ol prisoner, :inil ussicn'ri; ut ol property. lb, 633, IS- 

68. Fees iillowed ;o Clerics lov lieanni: peiitim for pris >p Daund-. Id., 6.54, iW. 

59. Prot-ecutor to be discliarceJ on his uvvn recos^niEinci; in certain cises. IS, Stat., 6.3(), 1, 

(jO. Wiiiies:^es n;ay Le discn.ir^ert in 11' e manner, lb., 636, 3 

Gl. Penalty for tHiVure to appe;ir. lb., 6.3S. 3. 63. C:erX'.-i cosip. lb., 636, 4. 

t:3. CK-rkP to be ex officio Conimi-sioners ol Laci'i'Wi. 11 Stat., 116, 49. 

S4. O til ol Clerk us C'>iumi6sionei- ot Locations, lb., in 10. 4 Slat. 593, 4. 



08 MANUAL. 

Powers and Duties of Clerka ot the Courts. 



each Countj-, shall be tx offi<'io, Coniniipsioner of Locations in such CountVi 

Sue. 65. The Clerk, before entering upon the duties of his office, shall take and 
subscribe the following oath, viz : "I, A B, do .s>Vear,(or affirm,) that I will well and 
faithfully execute the office of Commissioner of Locations, for County, 

Without giving a preference to any, through favor, fear, or reward, WccOTiting to 
the best of my skill and ability : So help me God." 

Sec. 66. The Commisfiioner of Locations shall be provided with a suitable case 
for papers,' in which shall be filed, under appropriate letters or labels, the papers 
of his oflice, and with books of office, of good binding, by the County Commis- 
sioners. In one book shall be copied all warrants of survey granted : and in an- 
other, all returns thereon and plat certified, with an alphabetical index to each. 

OX'^ESJEi.ZZl .A-& ZIZ2CI^XS'Z*Z3Z1. OX" 33Z33E333S. 

8kc. 67. That the Register of Mesne Conveyances, for Cliarleston County, shall 
be elected by jbint ballot of both branches of the General Assembly, and hold 
office for four years, and until another shall be elected, commissioned and enter 
upon the duties of his offlco. 

Sec. G8. That the Clerk of the Court of Common Pleas and General Sessions of 
each County in the State shrttl be Register of MesntJ Conveyances for the samey 
except for the County of Charleston. 

Sec. 69. That the Register of Mesne Conveyances in the County of Charleston, 
Wfore entering on the duties of office, shall give bond, with three good suretiesi 
to be approved by the County Commissioners, and of the form required by law, in 
the sum of five thousand dollars, to be lodged in the office of said County Com* 
missioncrs ; shall take the oath of office required by the Constitution, endorsed 
and subscribed on his commission, and enter the same, with the endorsement, on 
the records of the office ; the said office of the Register for Charleston County to 
be kept at the fire-proof building in the city of Charleston ; to be kept open from 
9 o'clock A. M. to 3 o'clock P. M., every day, except Sundays, Christmas day and 
Anniversaries of American Independence. 

Sec. 70. That a Deputy Clerk may act as Deputy Register of Mesne Convey- 
ances : and, in those cases where the office shall be distinct, the Register of Mesne 
Conveyances may appoint a Deputy, in the same manner that Clerks of Courts 
are authorized to do. 

Sec. 71. The Register of Mesne Conveyances is required to record, in well bound 
books, of the siz'' not less than those denominated "Medium," kept for that pur- 
pose, in the order of the times at which they may be brought to his office, all mar. 
riage settlements, ai d all conveyauces and mortgages, renunciations of inherit- 
ance and of dower; and other writings concerning the titles to lands situate in his 
County, which may be lodged with him to be recorded : Provided, That the execu- 
tion of every sucli writing shall first be proved by affidavit of a subscribing witness, 
taken before some officer competent to administer an oath, or under a Comm's- 

65. Oaih of Clerk as CommiSHiontr o' Lociiion?. 11 Stat., ll", 50. 

06. Cmnty Co.TimiB«lonera to oroTide books, etc. 11. Seat., 117, 53. 

07. Retribtor for Chnrle^ton to be elected by General .Xasemblv. 5. Stat. 674.-^, Stat. 120, 1. 

08. Clerk In nil other Coaniies to be ex officio Uegi'^ier. Slat. 115. — 44. Slut. 290. 18. 
69. Bonds of ReKister. oath or office, :ind ofHce hours. 11. Stat. 116. 48. 

"0. Deoutj Cierk to ;ict, or Ile'^'ister m.iy appoint. lb. 110. 40. 

71. Recister to recor 1 niarrinpe SetilemenlSi conveyances and inorli;a<;es, and certify same,— 
to :iave Inrifxe?. lb. 11. Stit. 115 15. 



MANUAL. g7 

Powers and Duties of Cletka of the Courts. 



sinner fvutliorizcd by law, or wlicrc the affidavit liy a subscr'. hing witness can not 
be had, by reason of deatli, insanity, or absence from the State of puch witfacsS 
that such fact b*^ i)rovcd, tojretlier Avith the proof of the liandwritings of the parties 
who signP'i, and of the eubscribinpr witnesses ; the proof, in every case, to here 
corded with th(; writ inj? ; every such writing; s'l all be recorded within one month 
after its lodgment, and the recording s]i!i]l bear even date with the lodauneut ; on 
every such writing shall l)e endorsed a certificate, to be signed by the Register or 
his Deputy, specifying' the time wh"n, and book and pa^' where, it was recorded ; 
in the book, the names of tlie jiarlies and nature of tlui wri tiny shall ])recode the 
registry, and after it shall f lh)W the date of the regisiry and a memorandum of 
tiie pfarson to whom the orlg.nal Writing lias been delivered. To tlie books of the 
registry, reference shall be had, by means of two indexes, each of which shall be- 
in a separate book of the size denominated "Long Cap," both containing the 
year of the registry, names of parties, book and page ; the alphabetical arrange- 
ment of one being accordmg to the names of the parties who executed the wri- 
tings, and of the other, according to filenames of the parties to whom they were ex- 
ecuted ; each index embracing a number of volumes of registry, not less than ten. 

Sec. 73. Tliat the Register of Mesne Conveyances, or his Deputy, shall be re^ 
quirevl, on application, to give a certified copy of any writing recorded in his office, 
the fees for the same being first paid in advanCCj if required or tendered^ as the 
case may be ; or a certificate tliat^no deed, conveyance, mortgage, or other transfer 
of any particular parcel of lands, or tenements by any particular person, ia regis- 
tered in his office ; and if the Register, or his Deputy, shall furnish an incorrect 
traiiscrii)t of any deed recorded, vt an incorrect certificate, he shall forfeit and pay 
to tlio party the damages that may accrue in consequence thereof. 

Sec. 73. DifiFerent sets of books shall he provided by the Clerks of the several 
Counties for the recording of deeds and mortgages ;• in one of which sets, all con- 
veyances, absolute in their tcnns, and not intended as moi'tgages, or as sureties in 
the nature of mortgage?, shall be recorded ; and in the other set, all such mort- 
gages, or sureties in the nature of mortgages, fhall be recorded. 

Sec. 74. Each County Auditor shall keep a record of ad sales or conveyances of 
real property made in his C'ounty, in rt'hich he shall enter, in columnsj the names 
of the purcliaser and seller, the quality of land conveyed, the location and price of 
the same, and therefrom Ctirrect the County duplicates annually ; and, for the pur- 
pose of carrying out this provision, the Clerks of Courts and Registers of Mesne 
Conveyances of each County are herehy I'equired to have the endorsement of the 
County Auditor on each and eVery deed of conyeyanCe for real property that the 
game is on record in his office, before the same can be placed on record in the 
offices of said Clerks of Courts or Registers of Mesne Conveyances, and the said 
County Auditor shall be entitled to collect a tee of twenty- five cents, for his own 
Use, for making Such entry and endorsement. 

Sbc. 75. That eVerv conveyance of real estate, within this State, hereafter madd, 
BLall, within thirty-three days, he recorded in the office of tlie Clerk of the County 
in which such real estate shall be situated, excejjt in the County of Charleston, 
where ail such conv^n-aiices shall be recorded, within the same time, in the office 



W. Clerks lo irive ct-riified cniiv oi rectrU on apD.icutiou— penalty lor lUiiking incorrect trans 
criot. lb. 116. 47. 255. 2, -Stat. 6.-3. 
13. Diaereiu books to he usetl lor c^nveyafices and mortsa.'es 15. St.it. 6. 2, 

74. Regisiers not to recora conveyances till entered in Auditor's office— penalty. Gen. Ststw 
69. 88. 

75, Time uUowed fyr re^iitiy of dJeds— coassqueuce o failur to record 15, Stat,, 8. 



98 MANUAL. 



PowiTs iind Duik'S of Clerks of the Courts. 



of t])e Re^isti^r of Mosiio Co;ivcyance ; and every sucli cnuvo.ynncc, not so recorded 
s'.iivll be void, as a^niinst any siibsequjnt piirclingjr, i:i frool faitli, and for ava]u- 
al)le consid^^ration, of Die stmio ivrl estitc, or any portion tliercof : Provided, Sucli 
sul.sequent. i)urcj user sii all bavc first recorded liis said conv'eyuiice. 

Sec. 7G. That the ludders of all ccrtificatos or titlesissii'Sd by or u'ldcr tlio au- 
iliority of tbe United States Direct Tax Conniiissioi.ersfor Poutli Carolina, sliall be 
allowed to record tlio same in the olfice ot-the Re^rister of Mesne Conveyanc'js for 
the County of Beaufor!; and when such cert fixates shall haVe Lcei) so recoi'ded, 
such recording b^hall be deemed to Le a legal notice of title lo the land dcsciibed iu 
the same. 

Sec. 77. Wlt<?a real estate is attached,.a true and attested copy of such attach- 
ment, together with a deicriptiou of the real estate attached, shall be,by tiie of- 
ficer serving the same, delivered to the party whose real estate is attached, or left 
at his last and usual place of abode j-aud the officer m.aking such service sluUl also 
leave a true and attested copy of such a.ttachment, together with a description of 
the real estate so attached, in the office where, by law, a d ed of such real estate 
is re(iuired to be recorded ;and,if the party whose estate is attached does not re- 
side iu this State, then- such- copy sLall be delivered to his tenant, agtnt oi' attor- 
ney, if any be kuoU-n ;'and,if no such a^ent, tenant or attorney be known, then a 
copy of such warrant of attachment, with the officer's return thereon, lodged in 
the office where,by law, a deed of such real estate ought' to bo recorded, shall be 
deemed sufiicient service. It shall be the duty of the Clerk or liegistcr of the of- 
fice wJierein said warrant of attachment is lequired to be lodged, to receive the 
same, and eater iu a book kept for that purpose the names of the parties, the date 
of the w.irraut of attachment, the sum demanded, and the officer's return there- 
on. Said' attachment shall be a lien, subject to all prior liens, and bind the real 
'estate attached from the date of lodgment : ProuwZt'fZ, That all attachments lodged 
upon the same day shall take rank together. 

Skc. 78. That iill persons representing publicly, for gain or reward, any play, 
comedy, -tragedy, interlude or farce, or other entertainment on the stage, or any 
]>art therein, ail fortune tellers, and those wko exhibit wax figures, or show 
of any kind whatsoever, shall pay a tax of three dollars per day, when they make 
those exhibitions at the towns or villages that are not incorporated ; and the said 
sum of three dollars shall be paid into the hands of the Clerks of the Circuit 
Courts, respectively,- who shall be bound to pay over the same into the County 
t reasu ry , arxU ual ly . 

If any person wh-o is required to pay the aforchaid tax, sliall neglect to do so 
before such representation- or exliibitiun, it shall be the duty of the Clerk of the 
Court, or any Trial JiTetice,-for the County where the same may be done, to issue 
an execution for doable the'aiiioant of tax so- imposed,, which execution mav be 
directed to any Sheriii or C.)nstable of this State,-and against the body and goods 
of the person so being liable, and which may be levied in any County in this State; 
and every Trial Justice who shall so issue execution, shall cause the amount of 
the same to be paid to the Clerk of the Court for his Count}' ; and the Clerks 
of Courts shall pay, annually, into the County troasury, all sut-h taxes as may 
orae into their hands, respectively : Provided, 'Thixt nothing herein contained 
p'lall be construed to extend to any incorporated town, village or city. 

~,o. U. fi. i-erlifluates ot s. le in Beau ort County — o be reoarc'e i. 14. Sui. 14. 

17. Eeiiiter to seeo book oi "L ens of atticiiineiit." Gen. bW:. 57-J 235. 

7d. ClPrks to iH.=uo ex'^cution roi- ta:. u.,p:u o. p.ays aj.ii shcrrs. 5. Siaf. 711. .35, 



MANUAL. 99 

Powers and Duties of Clerks of the Courts. 

Sec. 79. The Clerk sliiill keep among the records of the Court a book for the 
entry of judgment, to be called the "Judgment Book." 

Skc. 80. Unless the narty or his attorney shall furnish a judgment roll, the 
Clerk, immediately after entering the jndgriKMit. shall attach together and file the 
following j)a;)crs, which .shall constitute tlu' judgment roll. 

In case the comi)]aint be not answe c J by any defendant, the summons and com- 
plaint, or c()j)ies thereof, proof of service, and tliat no ans^ver has been received, 
the report, if any, and a copy of tiie judgment. 

In all other cases, the suiunions, pleadings or copies thereof, and a copy of the 
judgment, with any verdict or n-ixdt, tlie offer of the defendant, exceptions, case, 
and all orders and papers in any way involving the merits and necessarily affect- 
ing the judgment. 

A transcript of a final judgment, directing, in whole or in part, the payment of 
money, may be docketed with the Clerk of the Court of Common Pleas in any 
other County, and, when so docketed, shall have the same force and effect as a 
judgment of that Court. 

Sec. 81. The Clerk shall insert in th" entry of judgment, on the application of 
the prevailing party, upon five days' notice to the other, except when the attor- 
neys reside in the same city, village, or town, and then, upon two days' notice, 
the sum of the allowances for costs, as provided by this Code, the necessary dis- 
bursements, including the fees of ofRcers allowed by law, the fees of witnesses, 
the reasonable compensation of Commissioners in taking depositions, the fees of 
referees, and the expense of printing the papers for any hearing, when required 
by a rule of the Court. The disbursements shall be stated in detail, and verified 
by affidavit. A copy of the items of the costs and disbursements shall be served, 
with a notice of adjustment. 

Sec. 82. The notice of ai)peal mu.st, within tlie same time, be served on the Trial 
Justice personally, if living and within the County, or on his Clerk if there be one, 
and on the respondent personally, or by leaving it at his residence, with some per- 
son of suitable age and discretion ; or in case the respondent is not a resident of 
such County, or cannot, after due diligence, be found therein, in the same manner 
on the attorney or agent, if any, who is a resident of such County, who appeared 
for the respondent on the trial ; and, if neither the respondent nor such agent or 
attorney can be found in the County, the notice may be served on the respondent, 
by leaving it with the Clerk of the appellate Court ; and the appellant must, at 
the time of the service of tJie notice of appeal on the Trial Justice, or on his Clerk, 
as herein provided, pay to such Trial Justice or Clerk the costs of the action inclu- 
ded in the judgment, together with two dollars costs of the return, which shall be 
included in the judgment for costs ojr reversal. The appellant shall also execute 
on the appeal, a written undertaking on his part, with one or more sufficient sure- 
tics, to the effect that the appellant will pay all costs, disbursements and extra 
costs, awarded against him in the Court below, it such judgment shall be affirmed 
by the appellate Court, on such appeal, together with all costs and damages which 
may be awarded against him thereon ; such sureties to justify in double the 

79. i;leiKs to ksen .Iiiii c iieii'. >(>ok Code 583. 303. 

80. To in ike iin jii Isuien', Roll ;— ,)f Wiiai n shali consist ;—trin8crii.t m.iv be filed in any other 
C'ouiitv. I:). 59*2. 335. 

SI. Cl«Tks to insfpr c'>8l- in ii.i'lini^Tt, 11). .fj!)?. 337. 

.vi. Hiity of Clerks on ann,-;;l I; o I iVd ii Tii ii .J.if.t ce- Court. lb. W)3. 'ITI. SiU ,.S81. 



100 MANUAL. 



Powers and Duties of Ck-rKs of tlie Courts. 



amount pppoified in the unclertiikins: ; sncb iindertakinfr and the sufEciency of the 
sureties to bo itpi>rovL\l hy the Trial Justice of the Court below, or the appellant 
may deposit, Avith the Clerk of the Court of Common Pleas, the costs, disburse- 
ments, and extra costs include<l in the judgment in the Court l)elow,4itid the sum of 
fifteen dollara, to meet costs that may be awarded against him on such appeal ;tlie 
undertaking, when executed and api)roved. to be filed with the (1erk of the Cir- 
cViit Court ; the aJuount so dejKJsited shall be rep.iid by thfe said^Cleik to the appel- 
lant, if he succeed on the api)eal ; and, in case the juclgmtat be atfinned, the said 
Clerk shall, after the execution is issued, -pfey over the ainount so dei>osited to the 
res])ondent, which shall be credited on the execution issued on the judgmient of 
affirmance, to the extent thereof, and th6 balance, if any., ofi the es.ecution issued 
on the judgment appealed from. 

When, by reason of the death of 'a Trial .Jlist5ce,ot'his absence frdm. the Coun- 
ty, or any other cause, the notice of appeal cannot be served, as ])rovided by Sec- 
tion 370, it may be served by leaving the ganib with the Clerk of the County. 

If a return be made, and the appeal is from a judgment where a new trial 
may not be had, as provided by tliis Chapter, it may l>e brought toah<?aring,upon 
notice by ''ither party of not less than eight days. It shall be placed upon the 
calendar, ai^d contiu.ie thereon without further notice, until finally disposed of. 
But if neither party bring it to a hearing before the end of the second term, the 
Court shall dismiss the appeal, unless it continue the same by special' order, for 
cause showia. If the appeal is from a judgment where a ne^trieti' ma}: lie had, 
it may be brought to a heai'ing or trial at any term of the CouM' at Tv^hitli^a petit 
j ury shall be summoned to attend. Al least ten days before the Govt7*f ,-the party 
desiring to bring on the appeal shall serve a note of issue on the Clerk,- and the 
Clerk shall thereupon enter the cause on the calendar, accordifag to the date of the 
j'etui'n.* 

Sec. 83. The statement in a case of jud^nent by confession, may be filed with a' 
County Clerk, who shall endorse upon it, and enter in the Judgment Book,a judg- 
ment for the amount confessed, with five dollars costs, together with disburse- 
ments. The statement and affidavit, with the judgment endorsed, shall thereup- 
on become the judgment roll. Executions may be issued and enforced thereon, 
in the same manner as upon judgments in other cases in such C(jurts. When the 
debt for which the judgment is recovered is not all due, or is payable in install- 
ments, and the installments are not all due, the execution may issue upon such 
judgment for the coUecnou of such installments as imve become due, and shall be 
in the usual form, but .shall have endored thereon, by the attorney or jierson is- 
suing the same, a directio».'to»thB Sheriif to collect the amount due on such judg-' 
ment, wiih interests and costs, which* amount shall be stated, with interest there- 
on, and the costs of said judgment'.- Notwithstanding the ir sue it-id collection of 
such execution, the judgment shall remain as security for tht installments there- 
after to become due ; and tvhenever any further installments I fi'ni'ic due, execu- 
tion may, in like maiiner, be issued for the colliM-tion and entiucement of the 
same. 

Sec. 84. The various undertakings required tb'be given l-y ihis Code of Proced- 
ure must be filetl with the Clerk of the Court, unless the Court expi-essly provides 
for a different disi)osition thereof, except that the undertakings provided for by 



S3. Cf'iifessiou of judsment betore tbe ClerK. Gen. Staf.. 612,401. 
84. Undf-rt.ikinss, iriMierully, to be filed bj Cierii. I . G20. -iSS. 



-MANUAL. 101 

Powers and Duties of Clerks of tiie Courts. 

the Chapti^r on tho cLiini and (IdivcM-y of personal pro))erty, shall, after the justi- 
fication of tlie sureties, l)e delivcrvd by the Slicriffs to the parties, respectively, for 
whose hev^i tjiey an; taken. 

Sec. 85. Wlienever tlie Judj^e shall gmnt an order for the a]>])ointment of a re- 
ceiver of the pro])erty of the judgment debtor, the same shall be fih-d in the office 
of the Clerk of the Court of Common Pleas of the County ^vhe^' the judgment 
roll in the action, or transrri])t from Triixl Justice's judgment, upon wiiicli the 
proceedings are taken, is filed ; and tlic said Clerk shall record the order in a 
book, to l:)e li^yn for that purpose in his office, to he called "Book of Orders Ap- 
pointing Receivers of Judgment Debtors," and shall note the thne f)f the filing of 
said order therein. A certified co])y of said order sii.'ill be deliveivd to the i-eceiv- 
or named therein, and he shall be vested with the pro]ierty and effects of tlu^ 
■judgment del)tor from tlie time of the filing and recording- of the order, as afore- 

.said. The receiver of the judgment debtor shall be snhjt!< t to the direction ami 

jcontrol of the Court in which tlie judgment v.-a.? obtained, or docketed, upon 

• which th<^ jiroceedings are founded. 

But befcire he shall be vested with any real property of such judgment del)tf)r, 

•a certified cojiy of said order shall also be filed and recorded in tlie office of the 
Register of Mcstie Conveyances of^ihe, County in which any leal estate of such 
judgment debtor sought to be affected by such order is situated, and also in the 

^office of the Rejripter of Mesne Convey.iince pf the County in which such judg- 
ment debtor resides. 

Sec. 86. In any action arising on contract f-orthe recovery of mon^v only, the 
plaintiif may file with the Clerk proof of personal service of the summons and coui- 
])laint on one or more of the defendants, orof ihe siiinipon.s, according to the pro 

vvisions of Section one hundred and fifty-three, and that no answer has been re- 
ceived. The Clerk shall therinipon enter judgment for the amount mentioned in 

ftlie summous, against the defendant, or defenda.uts, or aguii^ist onecr.ipore of sev- 

.oral defendants, in the cases provided for i_u Sectiiui one hundred and ,fifty-uuie. 
But if the complaint be not sworn to, and such action is on ^an instrument for the 

•payment of money only, the Clerk, on its ])mdvictij(^n to him, shall asse.^ the 
amount due to tlie ])laintifE thei'eon ; and in other cases shall ascertain the amount 
which the-ilaintiff is entitled to recover in such action, from his examination, un- 
denckath, or other jiroof, and enter the judgment for the amount so asses.sed<)r as- 
certained. In case the defendant give notice of ajtpearane e in the action, he shall 
be entitled to<Tiv(^ days' notice of the time and place of such assessment. 

Sec. 87. When lan officer holding an execution for collection shall be directed 
by the creditor, his agent or attorney, to levy th(^ same on tbe real estate of the 
.debtor, he may lodge in the office where, by law, a deed of such real estate is ro- 
.([uired to be rrceidid, u certified cojiy of i!U<h ixtcution, with a ceriitic ate there- 
on, under his hand, stating that lie is directed to levy the same on sucli real estate, 
suljstantially describing the same. The real estate thus describ(>d .shall be held to 
satisfy such exection, for the term of one hundred and twenty days from the time 
of lodging the copy thereof ; and when encumViered by previous attachments, or 
"liens, tin; lien thus cn^ated .shall remain, after the removal of such juior encuni- 
bance or lien, one hundred and twentv davs. 



85. Clerks ti> enter certain orders in ••Book of orders app liniiiiz rpceivois " lb. 5Jt2. .^4. 
8fi. ClErlcs U) enter u'.; judciiieiit by deiiui t in cert.Un cases. Ij. ."77. 20y. 

<in. ClPrks lofntor oniccrs''' reciirn of lien on e.xociitious, in book kept lor pnrpos^- which shall 
, lijnd iruieitj m laO'l.ivs. lb. 5S9,— 311. 



102 MANUAL. 



Powers and Duties of Clerks of tlw. Courts. 



Tlic Register of Mesne Conveyance shall keep a record of such cop}' in the same 
manner as attachments on mesne process. 

Sec. 88. Tlie execution shall be returnable, within sixty days after its receipt 
by the ofBcer, to the Clerk with whom the record of judgment is filed. If the fir.st 
execution is returned unsatisfied, in whole or in part, another execution, as of 
course, may be issued at any time within the period limited by this Code of Pr<j- 
ceedure for issuing executions. 

Sec. 89. When judgment shall have been j-endered in a Court of a Trial Justice 
or other inferior Court in a city, and docketed in the office of the Clerk of the Cir- 
cuit Court, the application for leave to issue execution must he to the County Court 
of the County where the judgment was rendered. 

Sec. 90. Whenever an action may be settled or determined, at the mutual cost 
of parties, or discontinued by the plaintiff, or the judgment shall be for the defcx^- 
dant, the Clerk of Court, Register of Mesne Conveyances, Commissioner of Loca- 
tions, Judge of Probate, or Sheriff, shall have power to issue execution for his 
costs ; or the Clerk may issue for the Avhole, directed to the Sheriff, who is author- 
ized and required to execute such process, as in other cases of execution delivered 
to him. 

Sec. 91. Any person to whom a debt is due for labor performed or furnished, or 
for materials furnished, and actually used in the erection, alteration or repair of 
any building or structure upon any real estate, by virtue of an agreement with, or 
by consent of, the owner of such building or structure, or any person having au- 
thority from, or rightfully acting for, such owner, in procuring or furnishing such 
labor or materials, shall have a lien upon such building or structure, and upon the 
interest nf the owner thereof in the lot of land upon which the same is situated 
to secure the payment of the debt so due to him, and the costs which may arise in 
enforcing such lien under this Chapter, except as is provided in the followino- 
Sections. 

Sec. 9:2. The lien may be enforced by petition to the Court of Common Pleas in 
the Count}' where the building or structure is situat«a. The petition may be filed 
ill term, or in the Clerk's office in vacation, and the date of the filing shall be 
deemed the commencement of the suit. 

Sec. 93. Such lien shall be dissolved, unless the person desinng to avail him- 
self thereof, within tliirty days after he ceases to labor on, or furnish labor or ma 
terials for, such building or structu»-e, files in the office of the Clerk of the Court 
of Common Pleas of the County in which the same i.s situated a statement of a just 
and true account of the amount due him. with all just credits, given, together with 
a description of the property intended to be covered by the lien, sufficiently accu- 
rate for identification, with the name of the owner or owners of the property, if 
known, which certificate shall be subscribed and sworn to by the person claiming 
the lien, or by some one in his behalf, and shall be rec-ordedin a book kept for the 
purpose by the Clerk, who shall be entitled to the same fees therefor as for record- 
ing mortgages of equal length. 

^8. Clerks to issue aec^ ud exe utioii iiir.fr first returned uns:itisfi.3',l. lb. 690,315. 

89. Clerk to docket jurlsiiieiii of Trial Justices and issae oxecation upon thj a. ID. 33S. 307. 

90 Clerks may i^sas ezecuMon lor cnsis. wluii cise is settle!. 11 btat., 17, 3. 

51. Partr Icruisliine tnatetialfi nn^l labor, to -Tave lien on Duiltinj<s and land. 14 Stat., 220, 1. 

52. Lif-n Itow en'orcpJ. lb. 221, 8. 

53. Lieo 10 be dissolved, nnle.^s Statement be filed iu Cleiks offlcf. Hi. -220, 5. 



MANUAL. 103 



Powers and Duties of Clciks of the Courts. 



Sec. fl4. If any person or persons shall make any advance or advances, either 
■h\ mone.y or supplies, to any ])ersou or per.sons who are engaged, or are about to 
•engage, in the cultivation of the soil, the person or persons so making such ad- 
vance or advances shall be entitled to a lien on the crop whldi may he maide dur 
in"- the year upon the land, in the cultivation of which the advances so made have 
been expended, in prefenuice of all other liens existing or otherwise, to the extent 
■of s'jch advance vr advances : Provided An agreement in writing shall be entered 
into bfforesuch advan<e is made, to this effect, in which shall be specified the 
amount to be advanced, or in which a limit shall be fixed beyon 1 which the ad- 
vances, if made from to time during the year, shall not go, which agreement shall 
be recorded in the office of the R(!gister of Mesne Conveyance fox the County in 
which the person to whom tlie advances are made resides, within thirly days from 
its date. 

Sj;c. 9."). If any person making such ailvau'-es shall make an afiidavit before the 
^ierk of the Court of the County in which such crop is, that the person to whom 
,f?uch advances have beeu made is about to sell or dispose of his crops, or in any 
other way is about to defeat the lieu hereinbefore provided for, accompanied with 
& statement of the amount then due, it shall be lawful for him to issue his war- 
rant, directed to any of the Sheriils of this State, requiring them to seize tlie said 
crop, and, after due notice, sell the same for cash, and pay over the net -proceeds 
thereof, or so much thereof as may be necessary, in extinguishment of the amount 
then due : Provided, howscer, Tljatjf the person to whom such advances have 
been made shall, within thirty days after such sale has been made, give notice, in 
writing, to the Siieriff, accompanied with an affidavit to this effect : That the 
amount claimed is not justly due — that then it shall be the duty of the Sherifi' to 
hold the proceeds of such sale, subject to the decision of the Couit, upon an issue 
which shall be made up and set down for trial at the next succeeding term of the 
■Court of Common Pleas for the County in which the person to whom such ad- 
vances have bean made resides, in which the jierson making such advances shall 
be the actor. 

Sec. 93. On the return of any inquest of supposed escheated lands by the es- 
cheator, into the office , of the Cierk of tlie Court where the lands lie, he shall 
thereupon cause to be advertised, in a newspaper of the County, or other nearest 
gazette, tho first >veek in every month, for six months, a notice containing a par- 
ticular description 'Of the lauds, the name of the person last seized, and the sup- 
posed time of his or her death, together with the part of the world in which he 
or she was supjiosed to have been born, and requiring his or her lieirs, or others 
claiming under him or her, to appear and make claim, 'if no person shall apj)ear 
nnd claim the sim i witliiu fcvV '\\'3 m )ath3 after the expirad.m of the time prc,=icri- 
bed for advertising, the said Clerk shall issue process, to be signed by the Judge 
of the Circuit Court. -of the said County, to the escheator, pronouncing the said 
lards escheatcsd and vested according to law, and directing him forthwith to sell 
find convey the same upon the usual notice. 

Sec. 97. That so much of the Act entitled -'An Act to furthrr amend an Act en- 
titled 'An Act ]iroviding for the assessment and taxation of property," passed 
March 8, 1871, as provides that all deeds of conveyances of real estate shall be 

94. Liens on cio^s to Srcare auv.iuces. — .uvres neni tj bi recorUeJ la UUrii's otBja. 13 iiUt. 
3S0. 1. 
!»3. Ill c 'se of atfeinnt to de'e it lions, oo vers of Cierk. lb. 2. 

50. !3iiD>;ojeJ e-^ciieat.d liiuls to be atlvertisei bv C erk. 5 bt.it . 47, 3—11 110, 34. 
97. Puinitj ;o;- rct;ci.iir,.£:co„v.j..uc» lut eoisreil ;n Au.liioi'.-; o.T.cj. 15 ^ilM. 104. 



104 MANUAL. 



Powers and DutU'S of Clerks of the Courts. 



])laced on record In the office of the County Auditor before the same can bejjlaced 
on record in the office of the Register of Mesne Conveyances, be, and the same in 
liereby, amended l)y adding the following, viz : And for each and every violation 
of this provision by a C'lcrk of Court or Register of Mesne Conveyances, he shall, 
U))on conviction, before any Court of competent jurisdiction, be fined in a sum of 
not less than five dollars, nor more than twent}- dollars, and th(^ costs of the ac- 
tion ; one half of said fine to be i)aid into the C(»unty Treaaury for the benefit of 
the County, and the other half to be paid to the County Auditor. 

Sec. 98. There shall be established in the County of Charleston an Inferior 
Court for tlie trial of criminal cases, to be called the Criminal Court of Cliarlestou 
County, and which shall be organized by the Judge thereof, immediately after 
his election. The Clerk of the Court of Common Pleas and (leneral Sessions, 
and the Sheriff of the County, shall, respectively, be the Clerk and Sheriff of the 
Criminal Court, and may act in person or by deputy. All prose<-utions shall bo 
conducted by the Attorney General or the Solicitor of the Circuit to -which the 
County of Charleston may be attached. These officers shall receive the same fees 
as are now provided by law, and the Judge of the Criminal Court shall approve 
their bills for services rendered in tlip said Court in the same manner, and n\ like 
cases, as Judges of the Circuit Courts are now required Ijy law. 

Sec. 99. All moneys which shall be paid into the Circuit or Probate Courts of 
the State, or received by the officers thereof in causes pending therein, shall bo 
immediately deposited in some incorporated State bank or National bank witlnu 
the Circuit, of good credit and standing : or, if there be no such bank within the 
Circuit, then in such bank nearest to the place of holding the Court, in the name, 
and to the credit of the Court. 

Xo money deposited as aforesaid shall be drawn from said banks, except by or- 
der of the Judge of said Courts, respectively, in term or in vacation; to be signed 
by such Judge, and to be entered and certified of record by the Clerk ; and every 
such order shall state the cause in or on account of which it is drawn ; Pronded 
That money paid into Court to be immediately paid out need not be so deposited 
but shall be paid upon order of the Court. 

If any Clerk of such Courts, or other officers thereof, having received such mon- 
eys, as aforesaid, shall refuse or neglect to obey the order of such Court for de])0P- 
iting the same, such Clerk of other officer shall be forthwith proceeded against 
bj attachment for contemirt. 

Sec. 100. No marriage settlement shall be valid until recorded in the office of 
the Secretary of State, and in the office of the Register of Mesne Conveyances of 
the County where the parties reside: Prorided, That the parties shall have three 
mouths to record the same, and, if not recorded within three months, the same 
shall be null and void. 

Sec. 101. The Courts of Common Pleas shall, at the expense of the State, have 
a seal for each County of an impression similar to that of the Court of Common 
Pleas in Charleston County, and uniform with that seal ; except that each seal 
ehall in the legend have the name of the Court in which it is used. The said seals 

98. Inferior Crimnal Court for Ciiaiieston; Olerk of Common Pleas to be Olevk of same. lb. 187 

99. Money n.iid into Curt to be ileposiied ; — flov/ ilrawn; Cleric n;)t ileposuins to b.^ pro' 
ceei'ecl a^ntiist. 14 Stat., 16. 

100. Marriape ,'?etilcmciit must he rec Tde 1 witiiiii t n'33 inon-ii", G Slat.. 213. 

101. Seal of Court o C.in mon Plrfa«. 5 Stat.. 211. 



MANUAL. 105 



Powers aid Duties of ClorliS of tlie Courts. 



el^all always be affixed to sucli proceediiifrs of tlie said resj)ective Courts as niaj 
require the same. 

Sec. 102. Upon receivini^ a vfrdict, tlie Clerk shall make an entry in liis min- 
utes, specifying the time and jjlace of tlie trial, the names of the jurors and wit. 
uesses, the verdict, and either the judgment rendered thereon or an order that the 
cause be res rved for argument or further consideration. If a different direction 
bo uot given by the Court, the Clerk must enter judgmeiit in conformity with the 
verdict. 

Sec. 108. The Clerk and Sheriff of the City Court of Charleston, shall have 
the same ])ower and authority, in all cases within the jurisdiction of the said Court, 
as the Clerks and Sheriffs of the Circuit Courts, and nuiy charge like fees as are 
chargeable in Circuit Court in like cases. All writs and ])roceases shall be issued 
bv the Clerk of the said Court, and shall be made returnable to the first day of the 
term, next succeeding the issuing of the same; and all judgments iu the office of 
the Clerk of the said City Court, and all executions, writs and processes in the of- 
fice of the Sheriff of the City of Charleston, ot'ier tliau judgmeuts, executions and 
processes issuing under the Ordinances of the City Councl, si:all be trtnsferred re- 
spectively, to the office of the Clerk of the Circuit Court, and of the Sheriff of the 
County of Charleston, whicli causes, judgments, executions, writs and proce.sses 
shall be of like validity and force as if the same had originated or been sued out 
of the Circuit Court for the same County. 

Sec. 104. If any Clerk of the Court of C(immon Pleas and General Sessions, or 
Sheriff, or Judge of Probate, or Regester of Mesne Conveyances, in this State, 
shall willfully fail or neglect to discharge all the duties and perform all the ser- 
vices whicb are required of him by law, in addition to his liability to the jiarty ag- 
o-rieved, he shall be liable to be indicted as for a misdemeanor, and, ujjon convic- 
tion thereof, shall be fined, at the discretion of the Court, u(jt exceeding five hun- 
dred dollars. 

Sec. IOj. The word "Clerk," as used in this Code of Procedure, signifies the 
Clerk of the Court where the action is pending, and in the Supreme Court, the 
Clerk of the County mentioned in the title of the com])laint, or in another County 
to which the Court may have changed the place vt trial, unless otherwise speci- 
fied. 

102. Entry of verdict in Clerk's muiutes. Code 582, 238. 

10.3. Clern oi CityConrt, Cbarlestoii to have like power* with CIcrKs or Common Pless. 
jCo(1o,457, 458. 

104. Neelect of of official duty by Clerk, now DUiiislieJ. G 6iat., 577, I. 

105. Definition of '-Cltn:." Gen. Slat., 627. 470. 




106 MANUAL. 

Powers and Duti s of Sheriffs. 



J0^ 
9© fi\t 






CHAPTER VL 



OF TKE 



■iOFficE, mm m mje op mM\i 



Sec. 1. Tliere shall be a general election for the election of County Slieriffs 
^leld in each County, on the tirst Tuesday after the first Monday in Xovcniljer, A. 
^. 187G, and on the tame day in every fourth year thereafter. 

Sec. 2. That in the event that a vacancy shall, at any time, occur in the office 
-of Sheriff, in any County of this State, wliether from death, resignation, disquali- 
fication, or other cause, the Governor shall have full power to appoint .some suit- 
ivble person, who, upon duly qualifying, according to law. shall be entitled to en- 
ter and hold the office for the unexpired term of the former incumbent, and shall 
be subject to all of the duties an"d liabilities incident to said officer, during the 
"term of his service in said oSice : Prjrided, That no such unexpired term for 
•which an appointment is made shall, in any case, exceed one year. 

Skc. .3. That the Coroner, during the continuane of such vacancy, and until the 
office is filled by appointment or election, sliall asi-ume the office, discharge its du- 
ties, incur Its liabilities, and be entitled to its fees and emoluments ; and shall, for 
such purpose, take charge of the books and papers of the office, and occupy the 
apartment allowed to the SheriiT for triiufjacting the business of his office. 

1. aiecMo;i orSieriff. 14 Star., 3.3S. 1.— ICIL, A.iieiiiment. 

2. Vacinc^s in S!)erifl''s i.fRce, how fl:l(-il. lb. 3~-(, 1. 

3. Coroner to act, in case of vancancy. 11, iSt.it., TS, 43. 



MANUAL. 107 

Powers and Dut es of Sheriffs. 



Sec. 4. That, in case .>f vacancy in tho ofSce of Sheriff, and until the Coroner 
for sucli County may talte charg^e of tht; same, or until a Sheriff shall be elected 
and commissioned for such County, the Clerk of the Court for such County shall 
take possession of the jail of such County, and charge of the prisoners confined 
therein, and, also, possession of the Sheriff's office, and the jjapers therein. 

' Sec. 5. If the Sheriff shall be a ])arty plaintiff or defendant in any judicial pro- 
cess, executio 1, warnuit, summons or notice to be served or executed within his 
County, the Coroner shall serve tlu^ same, and incur the liabilities of the Sheriff. 

Sec. 6. When a-iy person shall be declared duly elected to the office of Sheriff 
lie shall be bound to iile in the office of the County Commissioners, his bond, duly 
executed and approved within thirty days from the time the election is declared. 

Sec. 7. The Sheriffs of the several Counties, before receiving their commis- 
sions, shall enter into bonds, to be executed by them, and any number of sure- 
ties, not exceeding twelve, nor less than two, to be approved by a majority of tiie 
Board of County Commissioners, in the sum often thousand dollars, except in the 
County of Charleston, where the bond of the Sheriff shall l)e in the ;t;um of twen- 
ty-live thousand dollars ; and every Sheriff shall procure other satisfactory ."secu- 
rity when duly required./^ 

Sec. 8. Every surety to the bond of a SheriiT shall bo liable for the whole pe- 
nal sum therein expressed ; nor shall any return of nulla bona on any execution 
against the Sheriff be henceforth necessary before legal resort may be had against 
his sureties, or any of them : P/vyCT'rf<'rf, That there shall be lialilities to contribu- 
tion among the sureties aforesaid, as in cases of joint suretyship. 

Sec. 9. Every Sheriff, before entering on the duties of his office, in addition to 
the oath required by the Constitution to be taken by every person chosen or ap- 
pointed to any office of profit or trust, shall take the following oath : "I, A B 
swear, (or affirm, as the case may be, ) that I am under no promise, in honor or 
law, to share the profits of the office to which I have been elected ; and I will not, 
directly or indirectly, sell or dispose of the said office, or the profits thereof, but will 
resign, or continue to discharge tlie duties thereof during the period fixed by law 
if I so long live : So help me God ;" and an oath to enforce the law agaiust gam- 
ing, as follows : "I, A B, do solemnly swear, (iir affirm) that in the execution of 
the office of Sheriff to which I have been elected, I will, to the extent of my abil- 
ity, enforce the penalties prescribed by law against gaming and the keeping of 
gaming tables, and will not fail to bring to justice all violations of the same thatmay 
come within my view or knowledge : So help me God ;" which oaths shall be en- 
dorsed on the commission, and shall be taken and subscribed by the Sheriff be- 
fore the Clerk ot the County, and, at the next term of the Circuit Court in the 
County, he 5hall ))r<>duce his commission, which sliall be read in open Court, and 
recorded in the Journal of the said Court. 

Sec. 10. No Sheriff, Deputy Sheriff, or Sheriff"? Clerk, during the time he is in 
any such office, shall act as an attorney at law, or solicitor in equity, in his own 
name, or in the name of any other person, or be allowed to plead or practice in 

4. Clerk to act, till C'o'oaer liikes ciuiric, or vacatiuy is fi led. l\y. 113. 39. 
6. Coroner t'> act w.ien yMeriiris interested. lb. 78. 41—7 Stat., 215, 9. 
6. bheriC t<> file bond, v. Uhin thirt'. , days. 11 Stat.. 26, 1. 
T. .\ii)oant 01 SlierifTs bond ; mim'ier of sarciies. 14 Stat., 19, 1; II. 26. 1. 

8. Li bility of sureties. 11 Stat., C'JI, 4. 

9. Ciths to be taKea by SDeria's. lb. .38, 2.-6. 27, 3. 

10. Sherifl's not to act as atlornc.vs or Clpr.i3. 11 Slat., 41. 9. 



103 MANUAL. 



Powers aud Duties of SlipriflFs. 



a 



any of the Courts in this State' nor shafll he hold the otiice of Clerk of the Couirt 
of Common Pleas and General Sessions. 

Skc. 11. Tluit th(^ Sh(>riff of any County may api)oint one or more deputies, to 
1)0 approved by any Judin? of tlic Court of Common Pleas of such C(ninty ; and 
the oath whidi such Deputy is re(|uired to talve Ijy th»' tliirtcentli Section of tliis 
Cliaptcr may be administered by any cflicer authorized to administer oaths with- 
in such (^)unty. 

Sec. 12. TJu\t the appointment of ev.ery such Deputy shall be evidenced by a 
cerrificate thereof, signed by his urincipa], aud shall continue during- the pleasure 
of the j)rin<d})al.: and every ])rincipal may talve such bond and security from liis 
Deputy as he shall deem neces.sary to secure the faithful discharge of the duties 
of his appointment, andfthe principal shall, in all cases, lje;iins\verable for negk-ct 
of duty or niiscojaduct in office of his Deputy. 

Sec. 13- iDliat every such Deputy shall, previous to entering on the dutiesfi^f 
liis appoij-rtinent, talve an oath or affirmation, as presciljed In- the Constitution of 
■the State, faithfully to perform all the duties of his apjiointment ; and, when so 
(jualified, the Deputy may do-^nd perform any and all of the duties ajjpertaining 
to the office of Ihis principal. 

Sec. il4. The Sheriffs of the several Counties throughout this State sliall keej) 
their several offices in tlie city, town, village orjplace where the respective Court 
houses are (»etal)lislied, and in the Court house, if there be one. 

Sec. 15. TheSlieritT "f pnitv County shall keep and jireeerve as public records 
"in his office the following separate boofesj, of good material and strongly bound, 
■ each containing not less than eight qinrtvs cjf medium paper, and labelled with its 
rappropriate title, to wit : 

!.•" Writ Book," in which the Sheriff, immediately on the receipt of any writ qi 
^irihenm corpus, citation, writ of capias ad resjyondendum, summons, subpoena writ, 
;subpoena ticket, rule, interrogatories, or notice to be served upon any person, 
:snlypa'na ad respondendum, writ of rie exeat, injunction, warrant, attachment, or 
:any other mesne process whatever, issuing from either of the Circuit or Probate 
'<!ourts, shall make an entry thereof, with the date, and endorse oP the original 
the time of such entry in his office. The VVrit Book shall be laid off into sepa- 
Tate and suitable coluams, in whicli the Sheriff shall enter the names of the jjtjr- 
"ties, the name of the attorney, the kind of process, the kind of action, or kiujitCff 
'offence, when entered, by whom served, how served, when served, or other re- 
turn, and Sheriff's costs ; and the Sheriff shall make a true index in the said book 
to all the entries therein. 

2. "Execution Book," in wluch the Sheriff, immediately on the.receipt of any 
fieri facias, capias ad satisfaciendum, attachment for not i)erforniing deeree, writ 
■of habere facias 2)ossessionem, restitution, military, or other execution, or any oth_ 
cr final process whatever, ( which, according to law, may l)e lodged With him,) 
shall enter the same, and endorse on sucii final ])r()cess the time of such, entry w 
his office. The Execution Book shall be laid off into separate and suitable col- 



11. S.ieritl's inac iiDOoiiit deputies. 14. tjlat., 332, 1. 

12. < eitificatp ol yppoiutment of deputy. lb. 332, 2. 

13. Oallig of deputies. ;uid their duties. lb. 332. 3. 

14. "Wliere SaeriU'.s office to be kept. 11 Stat., 39, 5. 

15. Books to be !ie,it bv Slicriff's. Writ Book. Execution Book, Snle« Book. lb. 39. 6, 11, 
8 Ricli., aa". 



MANUAL. 109 



Powers and Duties of Sheriffs. 



umn?<,-irt' which the Shoriff shnll ontPf'thc kind of proco.cs, when lodged,.a«id tl.tJ 
time of the original entry, the names of the i)artics, the debt and interest, and (un- 
derneatli, in the same column,) the attorney's, <. krk'p, Sheriff'^, and other coints, 
attorney's name, the amount received, rate of levy or other retur^', or disposition 
of the execution, and recei])ts of plaintilT, attorney, Clerk, Sheriff, witue,'->e8, or 
otliers entitled to costs, or their agents or representatives, and the Sheriff shall 
make and keep correct and dniihle indexes in the said book, of the cases entered 
therein. 

3. A "Sale Book," in which the Sheriff shall enter all sales which he may make / /^ ) 
under any order, decree, execution or final process, of any of the C(jurts of this 
State, or of any otficer authorized by law to issue such process to tlie Sheriffs of 
this State, and he shall transcribe therein all levies which he shall have made,, 
(specifying the property and the date of each levy.) and all advertisements of 
property levied on ; and the parts of the said book in which accounts of sales 
shall be kept shall be divided into separate and suitable columns, in which the- 
Shcriff shall enter the names of tlie parties, a description of property sold, when- 
sold, to whom sold, amount of sale, and, if bond be taken, the names of the sure- 
ties thereto, and statement of the time when due, and to what case or cases the 
proceeds of such sale have been applied, or to whom paid ; and the Sheriff shall' 
make and keep correct and double indexes in the said book, of the cases entered 
therein. The Sheriff shall keej) the mesne and final processes in his office, in. 
HuiUible linxes, and in separate aj)artments. Final process shall be arranged al- 
]>habet.ically in the defendants' names, in boxes labelled Avith appropriate letters. 
The miscellaneous papers shall be arranged under suitable titles and labels, such 
as "Attachment Bonds," "Bail Bonds, "B(mds for the delivery of property," 
"Money Bonds," &c. 

Sec. 1(5. It shall be the duty of eVery Sheriff to turn over to his successor all 
the furniture appertaining to his offlce^the original writ book, and pale book, and 
also the original execution book, or a correct certified copy thereof, and also sulh 
original bonds officially taken by him,- all me.-sne processes not served, and all 
final processes partially or wholly executed ; and if any Sheriff be dead, his per. 
sonal representative shall so turn over the matters aforesaid ; and the successor 
shall be bound to execute a receipt and dujjlicate, to be lodged in the Clerk's 
office, specifying the matters and things so received by him, and hfe shall be re- 
sponsible for them. The retiring Sheriff, or his successor, neglecting or refusing:: 
obedience to the requisitions herein, shall, respectiyely, upon conviction by in-- 
dictment, be liable to a fine of one thousand dollars, or an action may be instituted 
upon the official l)ond o* any defaulting Sheriff in this beluilf, for the penalty 
aforesaid. And it shall be the duty of such predecessor, wlie has levied upon per^ 
sonal property and not sold it, to deliver it to his successor at the time of turning 
over such books, bunds and processes, taking his receipt for the same, who is au- 
thorized to sell such property. 

Sec. 17. The Sheriff shall summon the]rf<iuisite number of Constables to attend . i 
th<' Courts of Common Pleas and General Sessions, and provid(^ a staff for each of 
them, and shall make a return of such summons to the Clerk of the Court. 



Sec. 18. The Sheriffs, or their lawful ])ei)uties, shall attend all th(; Circuit 
Courts that may be held within their respective Counties, and enforce such rules 

16. Sheriffn to luni over to sueressors books, paoeis anJ 'uruiiaie. 11 .^l t , 40 7,— .'2 7S8. 

17. SLci>l!:> to su^iiinon C''Usiable<. lb, 45, 22. 



/' 



110 MANUAL. 



Powera ami Duties of Sheriffs. 



as the said Courts muv estnlilisli ; and during' term time of the said Courtp, tlie 
Sheriff or his Deputy Siiall sjrv; any rule of fuicli Court or writ of attacumont, for 
any contempt tli reof, on any party or witness in any part of this State ; aud the 
2^arty lU'Ving: for tlie same sl:ail l)C liaMe to pay sucu S.icrifftho coats i.i cash for 
such s^'rvice, on the r turu of suc!i rule or writ of attaehmeat. 

g) Sec. 19. Tlie Slier.ff, cr his regular D 'pnty, shall serve, execute, and rtturn cv- 
cry process, rulf, order or notice, isoued by any Court of record in tljis State, or bv 
other competent aulhorily ; and if the Slier.ff shall make default h.rein, he shall 
be subjt'Ct to rule and attachment as lor a contempt, aud he shall also be liable to 
the party ir.jurcd,in a civil action. 

Sec. 20. If ai^y S criffor Deputy Sheriff, Avithout warrant or process, shall sum- 
mon any one, by arresting the })er8on or attaching the goods, to appear in any of 
' the Courts in thiS State, ( not hav.nj^ at that time any process to justify the same, 
upon complaint thereof, on oath, such Slier. ff or Doiiuty shall bo l.able to be pun. 
ished for a coutemot, by either the Court of Common Pleas or General Sessions for 
his Couu;y : Prodded, 'i'luit nothing herein contained shall jirevent the Sheriff or 
ills Deputy from ariesting any })er8on for treason felony, or breach of the peace, 
committi,'d iu his prcseiico, or irom arresiing any person for treason or foiouy, upou 
probable aud rcasouabl-3 <jrouuds. 

/ bEC. 21. No person shall be arrceted while actually enpaged in or attending mil- 

itary or milii,ia duty, or go;ug to or returning from tne same, nor while attending, 
going- to, or returning from any Court, us party or witULSS, or by order cf the 
Court, e-iccyt for tr.as >n, felony or broach of tue p^acj ; but in such case proce8.^ 
may be served witiiout actual anvst of body, or goods. 

Sec. 22. ]N'o civil or criminal iirocess shall be served on Sutiday, except for trea- 
// son, felony, or breaih ot the paace. Nor shall any lemale be arres.ed in any civil 
action, ercejjt lor a Wilfui mjury to person, character or prjperty. 

Sec. 23. It shall be lawful for the Sheriff, Deputy Sheriff, or Jailor, to re take on 
/ / Sunday, as ou any other disy, aud at Court, miieier or any other place, any prieoner 
v/i.o has escaped. 

Sec. 2-1. Tlie Sheriff, or his Deputy, shall arrest all pprsons against whom pro- 
cess for that purpose shall issue from aay competent authority, commanding such 
/) person to be taken into custody, or rLquirng liim or her to give bond, with securi- 
ty ; and if th party b> arrest jd, being ontitldd to bail, shall give it, or shall give 
the bond with security required, such person shall be enlarged ; aud if not, he, or 
she, shall be kept in custody u^t 1 discharnred from conlinemen;, according to law. 

Sec. 2~>. No Slieriff shall take any attorney at law, or any officor of Court, as 
bail for any person whomso'.ver, in any civil or criminal case. 

Sec. 23. Every i ail bond sliall be^ayabloto the Sheriff or his successors in 
I! office, and may be ass.gncd to tlie j)la'iutiff. 

18. fterifl'.-i louitenil Oouit, return ruifs. lb. 41, £2. 

19. Duties ^,.a li ibilities o! .ilieriiPs. lo. 41. 10,-5 571 7.-7 209, 11 Code. 434. 

20. Li .Oilit, f..r ille;: 1 arrest. 11 Si.it., 41, 11. Con. Ars. 2, 17 Arr. 8, 6. 

21. Pesous not to be nrreued wiiilo veribriuinj; .\lilit;iry (Jutv. ll Stai., 41, 19. 

22. Wiion aiiU huw lo servi? process. Femule not to be arrested. Code 202. 

23. Eoc^ped pi isoiier to be reta'xsn on Sunday. 11 ritut., 45, 27. 
24 isnonfl's power to aireai and to take l)ail. ID. 42, 18. 

25. To wboin bail bond to ru i. lb. 43,14. 

aC. Si.eriflV nut lo t;ike ;ntoineTs oi- cflicPS ol CoiU't a.-' b;ii'. lb. 45, 24. 



// 



MANUAL. Ill 



Powers and Duties of Sheriffs.- 



Sec. 27. Tliat the Sheriff, on pa'n of beinjr Attached and amerced, shall, at the / \, < 

time he returus cepi corp>t)< od any mesne proccBB of any of the Courts, to him di- 
rcctcil, iiidoiso on the back of piich proc 9S the name or nnmos of such person or 
])er.sons as sliall havo become bail for tha djlc;ida:!t, if the sa:d defeudant phall have 
betn let to Liiil. 

Sec. 28. It rhall be lawfu' for the Shcrifl", or his Dc])uty, to break and enter any 
lious ■( after request and refusal,) to arr st the person or to seize t)ic goods of any 
one in suCii houso, provided su'h Slicr;fr,- or his Deputy, have projess requiring 
him t'3 arrest snch person crsoizj such goods. 

Sec. 29. It shall be the dixty of the Sheriff of every County in this State, on the I i 
receipt of any money in hisolUce on aci^oimt of any plaintiff in executinn, or other 
pcrsen entitled thereto, within one month, to give notice, in writiu;;, of the same, 
to sucli plaintiff or his attorney, or other person entitli-d to the same, by personal 
serv.co, or throu'^h the post clfice ; and, on failure so to do, he shall be liable to 
pay interest for the mouey in his hands, at tue rate of live per cc.t. pu-r montb, till 
such noticj is given. 

Six. 30. Xo Sner'.ff shall bo liable to be serv d with any rule to show causa, or / O O 
attachment, at any time alter two years from tne expiration of his office. 

Sec. 31. Any Sheriff sliall be liable to b proceeded against in any Court of 
lleccrd in this State, for an o|)oa contempt, or for a breach of oUical duty. For an // 

open contempt he shall be liable to be attached forthwith ; and for a breach of 
otiic al duty he may be required, by rule, to answer to the complaint of any su;tor 
of the Court, and, upon failing, to aiswer or comply with the order of the Courts 
made on hearini:: of saiii rub:', he shall be liable to oe attached as for a contempt^ 
and couunilted to close custody, until he shall have complied with the requisition 
of the Court : Prodded, Tiiat, in all cases, interro:;atories may be propounded to 
l.im, which he shall answer on oath, orally or in writing, as tne Court may order.. 

Sec. 32. If any Sherff shall fail to execute, or return, final process in any civil // 
suit, or to pay over money, when demanded, that has come into his hands as Sher- 
iff to the party entitled thereto, and shall be unable, on the return of the rule 
that may be issued against liim, to show safRcient taitse, he shall be liable to be at- 
lac.ed for a ( ontcmiit, and committed to custody until he shall coznply with the 
order of Court. 

Sec. 33. If any Sheriff shall be attached for contempt, for failing to execute, or 
to return final proc 83, iu any ciVil su t, or for not paying over, to ihe party cnti- / ' 

tied, money whch has come into his hands as Sheriff, and shall remain in con- 
tempt f(.r the space of thirty days after sitch attachment ordered, every sucJi Sher- 
iff shall be deemed guilty of official mis-conduct, and shall bo liable to be proceed, 
ed against by ind.ctnunt, and, on conviction, be liable to fine not cxcooding one 
tliousand dollars, and imprisonment not exceeding one year, and l)e removed from 
(ituce : Prodded, That notijing herein contained shall be constracdto deprive an^ 
sucii Siieriffof his right to appeal from any order against him for a cont mpt, i.er 
shall the provisions ot tliis Chapter be tj;kea to apply during the pei.dcncy of sucli 
appeal, nor until tiie same lias been fiialiy dismissed. 

JJ'T. Ninies oj sureties to uu iiuioi>eu o:i process, lb. — Uoae. 215. 

•-'8. Luviul to Ijrea.c into lii)U=e in ceriain caso-, I:). 43. 13— CoJe, 2)7. 

2!>, feiienH's ton tifv raitv ii.terf'Sted o! ri < my in liis liano ; pciaiily f^r i:e.lect. 12 tjtiit., 534, 

30. S.ieritl's not liable aier two years. 11 Siai., 44, 10— .'5. 412. 

al. L'.ability lor conteiiiot, or breacii of diit/. 11 stat., 44. 20. 

3-i. l.itible lor tai.ure to exscutt. proce".-. or pay over iiionev. ID. 44. 21. 

8a. W..tii ileenieit ^;uiliy u! lu-sjoudiici ; vuu's ••life-iK ou couvletioa. lo. 20j. 



112 MANUAL. 



Powers and duties of Sheriffs. 



// 



Skc. 34. If any Sher ff, upon the demand of any plaintiff, or of his attorney, shall 
Willfully refnso to pay over any siun ol money collect -d |for such plaintiff, within 
twenty. four hours, tne Sheriff so heing: in default, besides tein^ liable to rule and 
nttaclHni.'nt, sh dl bo liable also to pay to such plain liff, or his Ivgal representative, 
tlie said sum withheld, and interest tiicreoii, for the time he may withhold such 
Sum after demand, at ihe ra;e of five per cent, per montli, and if any repular Depu- 
ty SheJiff, (in the absence of such Sheriff,) having such fund, shall refuse, one day 
after demand, to pay over the same, the Sheriff shall, for such default, be liable to 
the same i>enaltie8 as arc herein provided : Prorididf That nothing herein con- 
tained shall apply to the detent on of money on account of bona fide conflictiuff 
claims. 

Sec. 35. That it shall be the duty ot the Sheriff, in any case of partia] or entire 
failure to make execution, when required hy any person having control of the ex- 
ecut on. to furnish a written statement, subscribed by him, ot the reasons for such 
partial or entire failure. 

Sec. 3G. If any Sheriff, or his Deputy, shall co'itract for, htnv or purchase any 
ju-lgmenty or decree of any Court, \vh cli it may become his duty to enforce,- or any 
execution lodged in his ofBce, or cause the same to be done, Indirectly or indirectly, 
the said Sheriff, or his Deputy, shall forfeit and i)ay, for every such offence/ treble 
the amcrunt of such jnd<;.meut, decree, or execution, one half of wliidi said forfeiture 
shall be jiaid to the State and the other half to the informer ; and the same shall be 
recoVcral)lc with full costs hj ac ion or by indictment in any Court of competent 
jurisaictien, and, by any suish purchase,- s-ueh judgment,- deeree^ or execution shall 
be ipm factu satislidd. 

Sec. 37 If any Sheriff... or his DRi:)uty/ shall pernvit any prisoner/ com-T»ittcd to 
his custody on mesne or final process, in any civil action, to go or be without the 
])rison walls, withou* lawful authority, or if any Slieriff, or his Deputy, suffer such 
])risonerto go or be at large, out of the rul<?s of the prison, (except by some writ 
of h'tbeas corpus, or rule of Court, which rule shall not be granted but by motion 
in open Court,) any such going and being out side of the prison walls, or prison 
rules, as the case may he, shall be adjudged and be deemed an escape, If any 
Sheriff, or his Deputy, shall, after one days' notkte in writing, given for that pur- 
pose, refuse to »how any prisoner committed to his charge to the plaintiff at whoso 
suit such prisoner was conimitted, or to his attorney, such refusal shall be ad- 
jiidged to be an escape; Providi'd, That the Sheriff shall discharge a defendant 
in custody on mesne process in a civil case where the plaintiff is non-suited. 

Sec. 88. Where any person shall be taken on mesne or final process, in any civ- 
il suit, and ir.^ni inability to pay the demand, debt or damages, or find bail, if com- 
mitted to the jail, and such person has no lands, tenements, goods, chattels, or cho- 
ses ina'-tion, whereby his maintenance in jail can be defrayed, the plaintiff, or per- 
son at whoso ins anc>3 such party shall be impr soned, shall pay and satisfy the 
same ) and if such person, or his attorney, shall refuse or neglect, after ten days' 
previous notice, to pay, or give secur ty to pay the same, when demanded, the She- 
riff, or Jailer, in whose custody sucii prisoner is, may discharge him from such 
confinem>,'nt : Provided, hoircccr, That such jirisoner shall, before he is discharged, 
render on oath, a schedule of all nis estate, and assign the same. 

84. To pay over monjy one day alter demaiw] ; oensltv for relus.il ; lo. 353, 1—55, 63. 

85. ^eerlfl 8 to give reason? for failure ol" exe.'Uiinn. lo. 53,56 — 432. 
3C. Shi il I ot Ijuy eii outiuiis ; iVnalty. lb. 47. 3 ;— 6, 213. 1. 

3?. b..eiifliioi to purniU onsonors on ci\il process lo co ai-large. 11 Stat., 45, 26 29.— '80, 
3j. P'i„i4jiii." in .eitjiu Ca.ti to bz liable lor •.iiaiat3n ;ncj of prisoner lb. 46.30. 



MANUAL. 113 



Powers and Duties of Sheriffs. 



// 



n 



Sec. 39. Every Sheriff, Deputy Sheriff or Jailor, shall have power, and he is 
authorized, required and commanded to give dvie obctlience to the execution of ev- 
t'rv writ of Jiahe^ts corpus, made or signed by any person or persons by law empow- 
ered to grant the same, and shall do and porfoiiu any matter or thing which by 
the same lie may be retjuired todo; and if he i-hall willfully neglect, refuse or 
omit to ol)ey or jx-rfonn the same, when legally requested and demanded in such 
case, for each such neglect, refusal or omission, he shall forfeit the sum of five 
liundred dollars, to be recovered by indictment. 

Sec. 40. The Sheriff shall be liable for the negligent escape of any prisoner on 
mesne or final jimcess, to such damages as the plaintiff may have sustained : Pro- 
rided, That the insolvency of the prisoner shall not mitigate the damages below 
the amount sufficient to carry costs. 

Sec, 41. If any Sheriff, Depiity Sheriff, Jailer, or other officer, willfully suffer 
a prisoner in his custody, iinder conviction or under any criminal charge, to escape, 
he shall suffer the like punishment and penalties as the jn-isoner suffered to es- 
cape was sentenced to, or would be liable to suffer, upon conviction of the crime 
or offence wherein he stood charged. 

Sec, 42. If a Sheriff, Deputy Sheriff, Constable or other officer authorized to 
serve legal jirocess, receives from a defendant or any other jierson any money or // 
other valuable thing as a consideration, reward or inducement, for omitting or de- 
laying to arrest a defendant, or to carry him before a Trial Justices, or for delay- 
ing to take a person to prison, or for postponing the sale of property under an ex- 
ecution, or for omitting or delaying to laerform any duty pertaining to his office, 
he shall be liunished by fine not exce<?ding three liundred dollars. 

Sec. 43. No Sheriff, or Deputy Sheriff, shall be concerned or interested, direct- // 
ly or indirectly, in the purchase of any property sold by either of them officially ; 
and if any such Slieriff or Deputy Sheriff shall be concerned or interested in any 
such purchase, at any such sale, made by either of them, he shall, on conviction 
thereof, be deprived of his office, and shall be liable to be fined and imprisoned at 
the discretion of the Court ; and such purchase shall be null and void. / / V 

Sec. 44. The Sheriff shall pay over the proceeds of sale of any real estate sold / 
by him to any judgment, having a prior lien thereon. 

Sec. 45. In all cases Avhere any Sheriff shall have heretofore legally sold, or, 
hereafter shall legally sell any real or personal estate, and such Sheriff is noAv / 1 
dead, resigned, or otherwise out of office, or shall hereafter die, resign, or other- 
wise go out of office before he shall have executed titles therefor to the purchas- 
er, it shall be lawful for any subsequent Sheriff of the same County, upon the 
terms of sale being complied with, or satisfactory evidence produced that they 
have been complii^d with, to make and execute good and sufficient title to the pur- 
chaser, for the property so sold. 

Sec. 46. All moneys which shall hereafter be paid into the Circuit or Probate / ( 
Courts of the State, or received by the officers thereof in causes i)ending therein, 
shall be immediately deposited in some incorporated State Bank or National Bank, 

39. Sheriff to execute writs of habeas corpus. 11, stat. 43, 43. 

40. Li;ible for escnpe im mesne proress. lb. 46, 31. 

41. Punishrtble for escape of crimin;il, 14 stat., 309.7. 

42. bheriff's and their deputies or Constables to be punislied fnr takin; bribe's. lb. 309—3. 

43. Penalty for purcbasinc at tlieir own sales. 11 fcjtat., 153. 59,-6, 213,-7, 363. 

44. Siieriffs to pav proceeds of Sales to first lien. 11 Stal.. S5 

'VS. To make title for property suld by pre(!ece<?or. G St:it., 391 —5. 57,-11, 55. 



114 MANUAL. 



^ 



Powers and Duties of Slieiiffs. 

within tlie Circuity or ia sacli bank nearest to ILe ]»laee f)f lioldiu^ tlic Court, 
in the name, and tvi'tho'x-rodit of the Court. 

Sec. 47. No money deposited as aforesaid shall be drawn from said banks, ox- 
1 V cejjt by oi'der of the Judge of said Courts, respectively, in terra or in vacation, to 
be signed In' such Judge, and to be entered and certified of record by the Clerk ; 
and every such ordcu' shall state tlie cause in, or on accxnint of, which it is drawn : 
Provided, That money paid into Court to be immediately i)uid out, need not be so 
deposited, but shall be paid upon order of the Court. 

Sec. 48. The entire proceeds of a sale or sales of projwrty, subject to levy and 
sale, made by the judgment debtors, are to be paid over by said judgm(!nt delators 
to the Sheriff in whose office such judgments, executions or decrees are lodged, 
to be ap]>lied by said SheriiT t(?wards the satisfaction of the same ; and, provided 
no objection shall be nmde in writing by either of the judgment creditors, and filed 
with said Saerifi, as to the price at whicli said proi)vrty may ha'sie been sold, with- 
in three months from and after the time such payment shall have been made, the 
sale or sales shall thereupon be considered confirmed ; and the said Sheriff shall 
make the following endorsement on the back of the deed or deeds of conveyance, 
viz : "No objection having been filed in my office to the within bargain and sale, 
within the time prescribed by law, this bargain and sale is therefore confinned ;" 
the same to be dated and signed officially by the said Sheriff. 

•■ ) Sec, 49. Should eitlier of the judgment creditors object to the prices at which 
,' any of the said property may have been sold, and file such notice with the Sheriff 
within the time before mentioned, the Sheriff shall immediately i)rocced to levy 
upon and offer for sale said property, proceeding, in all respects, according to the 
law in regard to the levy and sale by the Sheriff ; and if the highest bid made for 
such property shall not be more than the amount of the indebtedness which had 
been cancelled by the sale made by the debtor, the Sheriff shall withdraw said 
])roperty from sale ; and the creditor or creditors who may have filed their objec- 
tion shall be recjuired to pay all costs and expenses that have accrued in c^>nse- 
(juence thereof. 

Sec. 50, The Sheriff shall make the following endorsement on the back of the 
I , conveyance made by the debtor, viz : "Objection having been filed in ray office by 

/ I , judgment creditor, I levied upon and exposed f^r sale the projierty 

within named ; and failing to receive a higher bid than the amount of indebted- 
ness cancelled by the proceeds of the within bargain and sale, this sale is there- 
fore confinned," and signed as directed in Section forty-eiglit in this Chapter. 

Sec. 51. In the event that the property, when so exjtosed for sale by the Slier- 
) iff, as provided for in Section forty nine, should brin ^ more than the amount of 
/ the indebtedness cancelled by the proceeds of the sale made by the debtor, the 

purchaser from the debtor shall be refunded the amount paid by him, with interest 
f rf)m the time of payment, and the bargain and sale made by tlie debtor rtsscinded, 
and titles executed by the Sheriff to the purchaser at his sale : and, after deduct- 
ing the costs and exenses by reason of the levy and sale, tlie remainder to be ap- 

46 Monev iiaid irno Court to be 'leDo^ite^l. 14 St;it., 16. 10. 
47. How such finds ni.i.v De driiA'ti ? lb. 11. 

4S. Jndermeiit debtors selling property to p.ty proceeds to Slieritf — now nnd wlien Buch sales 
CTitflrmed. 14, Stat., 604. 
4'}. ProcecdinfTs i' creditors object to sale. It). 605. 

50. f'ndoisemeiit to oe inaUe bv M^ecifl. lb. 

51. Proceedings if prgpcr'j st)Id Ijj SiieriU'.- biiiiis more than \v'.e:i sold b7 dt-btor. lb. 



'' — ,— • — - — ^^ — 7 ^T — ^ ■ — ~ ' — ' """^ '. ' r 

■ ' "' Powers and Duties of Sheriffa. 



jmelTaccordmg^toTaw, towards satisfaction of the judgment or executions in his 
office. 

Sec, 53. That all sales of personal or real estate, or other interest, hereafter or- 
dered to be made by the Courts of Common Pk-as or Courts of Probate, shall be 
made by the Sheriffs of the County in which said real or personal estate or other 
interest is, it the time said sale is ordered, v^. 

Sec. 53. That in all sales by said SheriflE, under the order of Courts of Common 
Pleas, or under the order of tbo Courts of Probate, the fees of said Sheriff shnll be • 
the same as now fixed by law for sales by Sheriffs under executions issuing from 
the Courts of Common Plea,-?. 

Skc. 54, If the Sheriff shall neglect or delay to return any warrant or other 
process pertaining to the Court of General Sessions, issued by a Trial Justice, tea / / 
days' before the meeting of the Court, he shall forfeit his fees, and shall be sub- 
ject to a fine of five dollars, for every such default, if, upon a rule to show cause, 
he shall fail to excuse himself to the satisfaction of the Court. 

Sec 55. That it shall be the duty of every Sheriff, on the expiration of his term ' 
of office, to turn over to his successor all money remaing in his hands as Sheriff, 
within one month from the time his successor shall have entered on the duties of 
his ofl5ce, and in the same manner as he is required to turn over to his successor 
the furniture, books, bonds, processes, and other papers; and the successor shall re- 
ceive and be responsible for the money so turned over to liim, in the same manner 
as he is liable for other money received by him as Sheriff. 

Skc. 56. The retirmg Sheriff shall be entitled to retain only ono-half of the com- 
missions allowed by law on moneys collected and so turned over, and his succes- 
sor the other half, for paying out the same. 

Skc. 57. That the retiring Sheriff, or his successor, neglecting or refusing obe- 
dience to the requisitions herein contained, shall, respectively, upon conviction by 
indictment, be liable to a fine of one thousand dollars and imprisonment not ex- 
ceeding twelve months ; and he and the sureties to his official bond shall be liable 
to the party entitled to receive such money, for the amount due to such party, with 
interest thereon from the time his successor shall assume the duties of his office, 
lit the i"ate of five per cent, per month, until the whole amount shall be paid, to be 
recovered by action. 

Sec. 58. That, upon the death of any Sheriff, his personal representative or rep- 
resentatives shall likewise pay over to the successor in office of such deceased /I 
Sheriff, all moneys which such deceased Sheriff had in his hands, officially, at the 
time of his death, within nine months after he, or she or they shall have assum- 
ed the administration of such estate ; and upon his, her or th'-ir neglect or failure 
so to do, the estate of such deceased Sheriff, and the sureties upon his official 
bond shall be liable to pay to the party entitled to receive such money, the a- 
mount due to such party, with interest at the rate of five per cent, per month 
thereon, after tiie expiration of siich term of nine months, to be recovered by 
action. 

52. Slieritt^s to make all sales orderea oy CouriaW ctat,, 334. 

53. Sherii'ts' fees on sxles. 14 stat.. 324. 

54. t^herifi sutject to fine lor not returainj: warrants, and processes. 6, s.at., 552. 
05. bheriff to pay over moneys :o successor. 12, sial., 788. 

56. Retiring Sheriff euiitled lo hall commissions.. Id. 

57. Liubility of 6iierifl for dipregaid of Siaiule:;. lb. 

58. Proceedings o_ death o.'' tjlieri;! lo. 7a9. 



)/ 



116 MANUAL. 



Powers and Duties of Sheriffs. 



Sec. 59. That tlie jtrovisions of the prececliDg Sections be deemed cunuihitive, 
and not to bar or atfect any rij^ht of uctiou, rule, or other proceeding authorized 
by law. 

Sec. go. That whenev'er a Sheriff shall collect moneys in cases that have btien 
' ' entered in the booli-s of hi.s preiecc'ssors, he shall enter the said cases in his 
own executioii book, with an account of the said moneys so collected. 



; 



io 



^ 



Sec. (Jl If the Sheriff shall charge any other fees or for any other services 
than those allowed by law, he shall be liable to forfeit to the party inj ured, ten 
times the amount of excoss of fees so improperly charged, to be recf)vered by ac- 
tion in the Court of Common Pleas, in which no imparlance shall be allowed, or by 
rule. 

Sec. 62. Sheriffs, Deputy Sheriffs, Coroners and Constables shall serve and exe- 
cute all legal orders, warrants or processes to them directed by the County Com- 
missioners. 

Sec. 63. The Sheriffs of the several Counties in this State are required to serve 
all processes which may be issued by the Probate Judge under the provisions of 
Sections 11 to 19, inclusive, of t'hapter 90, for which they shall receive the same 
fees as are allowed them by law for similar services. 

Sec. 64. The Sheriff" s costs shall be paid out of the proceeds of the sale of the 
real estate of the deceased, or by the petitioner or petitioners, as provided for in 
Section 18 of said Chapter. 

Sec. 65. The Sheriff shall make a memorandum, in writing, of the date of every 
levy, and specify the property upon which such levy has been made on the pro- 
cess, or in a schedule thereunto annexed, and if more than one process be levied 
on such propert}', reference on each shall be made to such memorandum or 
schedule. 

Sec. 66. When any Slieriff or other ofGcer shall take the lands, tenements^ 
goods and chattels, of any person whatsoever, by virtue of any execution, and the 
owner of such lands, tenements, goods and chattels, shall not, within five days af- 
ter such taking, satisfy the party issuing such executions, his debt, damages and 
costs, such Sheriff or other officer, shall and may sell, by auction, the lands, tene- 
ments, goods and chat'els so taken, or so much thereof as shall be sufficient to sat- 
isfy the judgment, for the best price that can be got for the same. 

Sec. 67. The Sheriff of every County in this State shall, before he exposes any 
lands or tenements which he may be directed to sell by virtue of any execution or 
mortgage, publicly advertise the same three weeks immediately previous to the 
sale day or days on which he means to exj)ose the same for sale. 

Sec. 68. lie shall specify in the advertisement the property to be sold, the time 
and place of sale, the name of the owner of the i)roperty, and at whose suit the 

69. Civil proceedings against Slierilfs. 12, Stat. 789. 

60. Collections of ninney. ID. 789, 

61. Liiibiliiy ior exictinir improper fees. It Slat., 151. 

62. Sheriff to serve process Lssed by County Commissioners. 14 Stat,, 1*9. 

63. SheriflF's required to serve process issued by Probate Jud^e, Gen. Swt,, 422- 

64. Snerlff's costs, how paid. lb. 

65. Siierifl' to keep men.omrandum of levy, 11 Siat., 50. 

66. Property talcen in e.xccution to be sokl, 7, Stat,, 229. 
07, Sheritl'to advertise sales. 5 St it., 305—11, 54. 



MANUAL. 117 



Powers and Duties of Sheriffs. 



sale is made, and shall publish the advertisement at three public places in the 
County, one whereof shall be the Court House door : Provided, That ])ublication 
shall also be made in some gazette tliree times before the day of sale, in every 
County where a nevA'spajJcr maybe printed. 

Sec. 69. The regular day of Sheriff's sale shall be the first Monday in each 7 

month : Provided If there be not time to dispose of all the property on Monday, ^ 

the next day following shall also be a regular sale day, if by public outcry on 
Monday notice of sale on the next day shall be given. The Sheriff may sell projj- 
erty at any other time, when so ordered by a Court of competent authority. 

Sec. 70. The ])lace of Sheriff's sale, as to real estate, shall be at the Court 
House of the County : Prondcd, The sales for Georgetown County may be con- / / 
ducted at the Market place, and those for Cliarlcston C;)unty at^the Exchange in 
Charleston ; personalty may be sold at the })lace whereon it may be found by tho 
Sheriff, upon levy, or such other more convenient public place as may be selected. 

Sec. 71. The hours of sale shall be between eleven and three o'clock, in 
Charleston County, and eleven and five, in each other County ; but not at any \ { 
time after notice given by the Sheriff that the sales for the day have been closed. 

Sec. 73. Every Sheriff's sale, made by virtue of the directions of an execution. 
shall be for cash ; and if the purchaser shall fail to comply with the terms afore- 
said, the Sheriff shall proceed to re-sell at the risk of tlie defaulting purchaser, 
either on the same, or some subsequent sale day, as the plaintiff, or his counsel • ' 
may direct ; and in the absence of any direction by the plaintiff, the Sheriff shall 
so re-sell on the same day, if practicable, and if not, on the next succeeding sale 
day, making, in every such case, proclamation that he is re-selling at the risk of 
such defaulting former purchaser. 

Sec. 73. In all cases where any Sheriff shall legally sell any real or personal es- I 

tate, and such Sheriff" shall die, resign, or otherwise go out of office, before he 1 i CK^ 
shall have executed titles therefor to the purchaser, it shall be lawful for any 
subsequent Sheriff of the same County, according to the terms of sale, to make 
• and execute good and sufficient title to the purchaser for the property so sold. 

Skc. 74. The Sheriff of Richland County shall attend every session of the Su- 
preme Court, to perform such official service as by the said Court shall be required, 
and he shall be allowed and paid therefor at the rate of five dollars per day. 
Said Sheriff shall, under the direction of the Chief Justice, secure a suitable room 
in which to hold said Court, and offices for use of the same, and provide necessary 
furniture, printing, blank books, stationery, fuel and lights ; and the accounts and 
vouchers for all of said expenditure and service shall be certified to, under oath, 
bv said Sheriff, approved by the Chief Justice, audited by the Comptroller Gener- 
al, and paid by the Treasurer of the State out of any funds not otherwise appro- 
priated. 

Sec. 75. Ycuirox for j\ir<)rs, issui-d l)y the Clerk, shall be served by the Sheriff 
of the County, whhout delay, upon tlu- Board of Jury Commissioners of the said 
County. 

68. Aflvertiseiiient. vvli:it lo coutain; — Pulicaiioj. 11, slut. 598. 

69. I>jvs of salf . lb. 54. 

70. Pl.ice ol SliPi-ifl'.-* sales. lb. 

71. Hours 01 Sliei iirs 9aU"i, lb. 
12. Siilrs lo be lor c;i^li — ■jrovision for re sale. lb. 

73. SlicrilT's to make title, to lands sold bv predecessor. lb. 

74. Duly of Sheriff 01 Kichland Couniy. 14, Stat , 73, 1. 

75. SI eriff to serve venire for jii lor-". 8, Stat,, 4J7, !). 



ijzi 



118 MANUAL. 



Powers and Duties of Sheriffs. 



fi 



'^f: 



i 



The Sheriff shall, at least four days before the time when the iurors are re- 
quired to attend, summon each person who is drawn by reading to him the venire, 
with his endorsement thereon of his having been drawn, or by leaving at his 
place of abode a written notification of his having been drawn, and the time and 
place of the sitting of the (^ourt at which he is to attend, and shall make return 
of the venire, with his doings thereon, to the Clerk of the Court, before the open- 
ing or time of holding the Court from which it issued. 

Sec. 76. The Sheriff shall have the custody of the jail in his County, and if he ap- 
point a jailer to keep it, the Sheriff shall be liable for him ; and the Sheriff, or 
jailer, shall receive and safely keep in prison, any person delivered or committed 
to either of them, according to law, without taking anything for the receipt. 

Sec. 77. Every Sheriff in this State, who does not live in the jail, shall employ 
a proper and discreet person as jailer, who shall live within the same, and who is 
hereby prohibited from using the house for any other purpose than that for 
■which it was designed by law. 

The Sheriff shall appoint such jailer in writing, a copy of which appointment 
Bhall be deposited in the office of the Clerk of the Circuit Court of the County 
wherein such jailer ii appointed. 

Sec. 78. The Sheriff or jailers, in the several Counties of this State, shall keep 
In safe custody all prisoners coimiiitted to thorn uuder the authority of the 
United States, until such prisoners are discharged by due course of law of the 
United States, under the like penalties as in case of prisoners committed under 
the authority of tliis State, and upon the terms of the resolution of the Congress 
of the United States at their sessions, begun and holden on the fourth Monday of 
March, Anno Domini one thousand seven hundred and eighty-nine. 

Sec. 79. Sheriffs and jailers shall keep prisoners for debt, in cases of fraud, in 
Beparate apartments of the jail, and the Sheriff or othei officer herein offenaing 
shall be liable to an action of the party aggieved, and also to an indictment, and, 
on conviction, shall be punished as for a misdemeanor. 

Sec. 80. Any Sheriff to whom a warrant summoning a Coroner's Jury shall 
come, shall forthwith execute the same, and repair unto the place at the time there- 
in mentioned, and make return of the warrant, with his proceedings thereon, to the 
Coroner that granted it : and every Constable or Sheriff, failing to perform the duty 
by such warrant required of him, or failing to return the same, as aforesaid, shall 
forfeit and pay the sum of twenty dollars, if without reasonable excuse, to be re- 
covered by action : and each ana every person summoned and warned, as afore- 
said, to be a juror, and failing to apj)ear and act as such juror, shall, also, forfeit 
and pay the sum of twenty dollars, if without reasonable excuse, to l)e recovered 
by action. 

Shc. 81. All Sheriffs and jailers are required to receive, and keep securely, all 
persons committed by the Coroner. 

Sbc. 82. The Sheriff of each County shall set apart in the jail a room for the 
confinement of such persons as may be exclusively in the custody of the Coroner, 
of which the Coroner shall have exclusive control. 

76. Siieril'f tu nave custody ot jail 11, 8t.it.. 48. 42. 

77. To Employ jailors and depuij. — eenifljuie of amwiutmont. Ij. 

78. U. S. priaoiiers to bj kepi in cU'iodv. 7 Scat.. 257, —11. 47. 
70. Felous and debtor to be loa'.'eJ separately. Con. Ai-.. 1, 3J. 
80. 8 eriff to execute warant of Coroner. Gen. Stat. 680. 

bi I'lisoners Slui by Coroner lo be Kept in jail 11, Siai., 7(i. 
b2, To set apart roo:u for Coroner's prii'ouerrt. lo. 78. 



MANUAL. 110 



P(i\vers and Duties of ^siieriff^. 



83. i'..U03rs and lana'ics not to oe kept in j ill 11 stat , 51. 
>"t. Sherif' to reuirii mimes of oiisoiies to ('our;, 1). 02, 
tfO. .T ilois 'o rcoori if ;iny I'lnntics. & c, ;;re coDfiael I '. IS. 

ft;. Sht-rifi's U) n nk ■ no discrimin.itinn in treatment of cris'jncrs; ren:iUv lor n> ikri?. 14, 
M:i'.. 107. 
87. t)lieriff inav iu^ros-; nuird ani c ill .h'^*** C0!r.il(d">>. 11 bla'., 52, 
8S. Shrriil to renort comlition of jaii lb. 48. 
8». SlitriiJ to se'. <>:i Hommte id. 15, iiti'., JKJX 



// 



Sec. 83 Xo pnu" c", lunatic, idiot, or cpilectic shall hereafter be confined for safe 
keeping in any jail ;and, if an v such jxjrson shall be inij)riso5\ed, under and l)y 
virtue of any legal proceSvS, it shall be the duty of the Sheriff, in whose custwly h<; 
may be, to obtain his discharge as speedily as possible, and send him forthwitii 
to the A.sylura, according to la\v, at the expense of the County within whoso limits 
he shall have gained a settlement. 

Skc. 8L Every Sheriff shall make a njturn to every Court of General Sessions 
of his County, oa the first dayxsf term, of the name of every prisoner, and the 
time and cause of his or her confinement, whether civil or crimiiial. 

Sec. yn. It .stall he the duty of the jailers of the several Counties of iliis State, 
at the sattipg of ea<'h Court of Sessions, to report to the presiding Judge the names /i 
of the ])ersons confined in jail, who are lunatics, idiots, fpilcpiics, with the cause 
of their detention. 

Sec. 86. It shall be unlawful for Sheriffs or jailerj to make any disoriminatiou / / 
in the treatment of prisoners placed in their custody. 

Every violation of the foregoing Section shall be a misdemeanor, and, upon con- 
viction thereof, the ])arty convicted shall be fined not less than twenty -five dollars 't 
and imprisoned for not less tir.in oac month, nor mure thao twelve month.s. 

Sec. 87. When any per.?o:i accused of a caj)ltal offence shall be in cu.stody, and 
the Sheriff, acting by himself or his regular Deputy, shall have cause to susi)ecT. 
that such person may be rescued, or will jjrcbably effect his escape, the Sheriff ' / / 
may impress a suflScient guard far securing and keeping safely such prisoner, so 
long as it may be the duty of the Slierirf to keep said prisoner, in jail, or his cu.'j 
tody. And the Sheriff, by liimseif or his regular Deputy, shall have j.-ower to 
c ill out the pjtme n^mUatns to kis assistance, whenever he is resisted, or has reason- 
able grounds to suspect and believo that such assistance will be. necessary in the 
service or execution of proces.s in any criminal case; and any jierson refusing to * 
act as such guard, or to assist as one of the posiie comitatuJs in the service or ex- 
ecution of process, when required by She Sheriff, shall be liable to be indicted 
therefor, and uptjii conviction, shall be lined and imprisoned at the di:scr«'tion of 
the Court. 

Sec. 88. Each Sheriff shall, annually, report to the County Conuuissionere the ) \ 
actual conditioji of the jail, tlie repair.-; which may be wanting, and tlieir probable 
cost. 

Sec. 89. Tiiat whenever the real estate of any head of a family, resident in this 
State, shall be levied upon by virtue of any mesne or final process, issued from 
any Court uj>on an\' judj^juent obtained U];on any right of action, whether arismg 
previous or subsequent to the ratification of the Constitution of the State of South 
Carolina, if the same be tli-e family homestead of such person, the Slieriff or other 
officer executing said ])rocess, shall cause a homestead, such as said person may 
select, not to exceed the value of one thousand dollars, to be sot off to said i)ers(ui 



120 MANUAL. 



Powers and Duties of Slu'iilTs. 



in the manner following, to wit : lie pluill cause three appraisers to be appointed, 
one to be named by the creditor, one by the debtor, and one liy himself, who shall 
be discreet and disinterested men, to be selected from a ditTerent ueighborliood^ 
and in no wise related to either party, resident in the County, and who shall be 
sworn by a Trial Justice, or a Justice of the Peace, to imi)artially appraise and set 
off, by metes and bounds, a homestead of tlie estate of the debtor, such as he or 
she may select, not to exceed the value of one thousand dollars ; and the said ap- 
praisers shall ])roceed, accordingly, to set out the homestead, and the set-off and 
assignment so made by the appraisers shall be returned by the officer, along with 
said process, for record in Court ; and if no complaint shall be made by either i)arty 
within thirty days thereafter, no further proceedings shall be had against the 
homestead, but the residue of the lands and tenements of the head of the family, 
if any more or other he shall have, shall be liable t>» attachment, levy and sale : 
Provided, That upon good cause shown, within thirty days after assignment of 
the homestead, the Court out of which the process issued may order a re-appraise- 
ment and re-assignment of the homestead, by other appraisers appointed by the 
Court : ylH(?^;?'c>m?cY7,/«rt7^-er, That should the creditors or debtors neglect or re- 
fuse, after due notice from the officer executing the process, to nominate an a^v 
praiser, then said officer shall appoint the same. 

Sec. 90. That, if the homestead assigned under Section 1 of this Act shall not 
amount in value to one thousand dollars, then the Sheriff or other officer who shall 
make sale of the residue of the real estate of the person claiming the homestead, 
shall pay to said person, in preference to all other claims, out of the proceeds of 
said sale, such a sum in money as will make up the one thousand dollars. 

Sec. 91. That the heads of any family to whom a homestead shall have been 
assigned under this Act, may sell and dispose of the same, and execute good and 
legal titles thereto ; Provided, They shall deposit the money arising from the sale 
thereof in the custody of the Sheriff of the County, until they shall purchase an- 
other homestead within the limits of this State ; the said Sheriff to be responsible 
for the money so deposited, upon his otficial bond. 

Sec. 93. That the said Sheriff shall not pay out the money so deposited ; except 
to the person from whom the head or heads of the famil}' may i)urchase another 
homestead, as hereinbefore prescribed, or so much thereof as will pay for the same. 
The residue of the money deposited, if any, shall then be paid to the person or 
persons who deposited the same : Provided, That if another homestead shall not 
be purchased, within the limits of this State, within three months from the date of 
deposit, the Sheriff, or other officer, shall apply the money so deposited to the l)ay- 
ment of the debts due from the depositor, if any there be. 

Sec. 93. That no Sheriff, Constable, or other officer, whose duty it is to enforce 
executions, shall proceed in any other manner than is prescribed in this Act. 

Sec. 94. Should any officer sell any real estate, or sell or remove any personal 
property, of the head of any family, whether the head of such family is a freehold- 
er or not, Avithout his or her consent, in violation of the provisions of this Act, and 
of Section 33 of Article 3, of the Constitution of the State of South Carolina, lie 

90. Duty of Sheriff when homesteiid is less than fl, OJJ lo, stat. 23J. 

91. Sale of homestead, It). 

92. How money realized to be disposed of. lb. 

93. Sheriff to pioceed according to this .'^ct. lb. 

94. Penalty lor violation o! its provisions. lb. 



MANUAL. 121 



Powers and Duties of Sheriffs. 



// 



pliall be doi'mcd guilty of mulfoasance in oflBce, and, on conviction thereof, shall, 
for the first offense, be fined in a sum not less than five hundred (500) dollars, nor 
more than one thousan<l (1,000) dollars ; and, for tin; second offense, shall be dis- 
missed from office ; and, in either case, shall be liable to the parties for all injuries 
by reason of his wrongful levy or sale. 

Sec. 9o. Apin-aisers appointed to set out the homestead, under this Act, shall 
receive, as compensation, two dollars each, per day, and five cents a mile for ev- 
ery mile necessarily travelled, for such services. The Trial Justice, or Justice of 
the Peace, who qualifies the appraisers, shall receive seventy-five cents, and five 
cents a mile for every mile necessarily travelled, for such services. The foregoing 
fees shall be paid by the ofiGicer executing the i)rocess out of the property of the 
debtor ; or, in case of the homestead set out to a widow or minor children, out of 
the estate of the deceased, by the executor or administrator thereof. The Sheriff 
is hereby authorized to retain two and one-half per cent, on every one hundred 
dollars deposited with him, as directed by this Act, as compensation for receiving 
and paying out moneys so deposited. 

Sec. 96. An action against a Slieriff, Coroner or Constable, upon a liability in- 
curred by the doing of an act in his official capacity, and in virtue of his office, or 
by the omission of an official duty, including the non-payment of money collected 
npon an execution must be had within three years. But this Section shall not ap- 
ply to an action for an escape. 

Sec 97. An action against a Sheriff or other officer, tor the escape of a prisoner f i 
arrestdd or imprisoned on civil process, must be begun within one year. 

Sec. 98. The affidavit and order of arrest shall be delivered to the Sheriff or 
Constable, who, upon arresting the defendant, shall deliver to him a copy there- 
of. 

The Sheriff or Constable shall execute the order by arresting the defendant and 
keeping him in custody until discharged by law, aud may call the power of the 
County to his aid in the execution of the arrest, as in case of process. 

Sec. 99. The defendant, at any time before execution, shall be discharged from ' •' 

the arrest, either upon giving bail or upon depositing the amount mentioned in 
the order of arrest as provided in this Chapter. 

Sec. 100. The Sheriff or Constable shall, within four days after the deposit, 
pay the same into Court, and shall take from the oHlcer receiving the same two 
certificates of such payment, the one of which he shall deliver to the plaintiff, 
and the other to the defendant. For any default in making such payment, the 
same proceedings may be had on the official bond of the Sheriff or Constable, to 
collect the sum deposited, as in other cases of delinciuency. 

Sec. 101. If, after being arrested, the defendant escape or be rescued, or bail be 
not given or justified, or a deposit be not made instead thereof, the Sheriff or Con- 
stable shall himself be liable as bail. But he may discharge himself from such 

95. ComT)en=ation ofapDiiiispi-i? auii 'ees of Sheriff's. 15, »tat. 232. 

%. Tinip within whicli Soerifl may be procee led against lor oHuial misconduct. Co.le 512, 

y?. For an Escape. lb. 5'J3. 

9S Hovv Sheriff to make arresl in civil ;»ction.— Code 5fi3, 907. 238. 

9'J. Sbeiitl may taice bail, or a iieoosir. lb. 564. 

100. 'J"o oay dcDosit into Court witbiii four aas?: pen lUv on delault. r.>. 563. 

101- Wl;eu Sbtrifl" liaaie a* bail. lb. 500. 



122 MANUAL. 



Powors and Duties of Slieriffs. 



liability by tho giving and justifiration of baii, as provided in Section 21G, 217, 2- 
18 an I 215), at any time before process ULrainst the person of the defendant to eu 
fKjrce an order or judirment in the action. 

Sec. 102. If a judgment be recovered ao^ainst the Slieriff or Constable, upon his 
liability or bail, and an execution thereon be returned iinsatLslied, in whole or in 
})art, the same proceedin<!;s may be had on the olRcial l)()ud of the Sheriff or Con- 
stable, to collect the deficiency, as in other cases of delinque/icy. 

Sec. 103. The j)laintilf may, thereui)on, by an endorsement in writing upon the 
affidavit, require the Sheriff of the County \vh<^rc the property claimed may bi', to 
take the same from the defendant and deliver it to the plaintiff. 

Sec. 104. Upon the receipt of the affidavit and notice, with a written undertak- 
ing executed by- one or more sufficient sureties, approved by the Sheriff, to the ef- 
fect that they are bovwid in double the value of the property, as stated in the affi- 
davit for the prosecution of tho action, for the return of the property to the de- 
fendant, if return thereof be adjudged, and for the payment to him of such sum 
as may, for any cause, be recovered against the plaintiff, the Sheriff j-liall forth- 
with take the property described in tho affidavit, if it be in the possession of the 
defendant or his agent, and retain it in his custody. He shall also, without delay, 
serve on the defendant a copy of the affidavit, notice, and undertaking, by deliver- 
ing the same to him personally, if he can be found, or to his agent, from whose 
possession the property is taken ; or, if neither can be found, by leaving tliem at the 
usual place of abode of either, with some person of suitable age and discretion. 

Sec. 105. At any tims before the del' very of the property to the plaintiff, the de- 
fendant may, if he do not except to th'> sureties of the plaintiff", require the return 
thereof, upon giviag to the Sheriff a written undertaking, executed by two or more 
sufficient sureties, to the effect tliat they are bound in double the value of the prop- 
erty, as stated in the affidavit of the plaintiff, for the delivery thereof to the plain- 
tiff, if such delivery bo adju Iged, and for the payment to him of such sum as may 
for any cause, be r^c )vered against the defendant. If a return of the proi)erty be 
not 60 required, within three days after the taking and service of noticj to the defen- 
dant, it shall be delivered to the plaintiff, except as provided in Section 108. Th,3 
defendant's sureties, upou a notic3 to the plaintiff of n )t les^ than two, or more 
than six da^'s, suall justify before a Judge, Clerk of the Court, or Trial Justice, in 
the same manner as upon bail on arrest. Upon such justification, the Sheriff" shall 
deliver the property to tho defendant. The Sheriff shall hi responsible for the de- 
fendant's sureties until they justify, or until justification is complete J or expressly 
■waived, and may retain the property until that time; but if they, or othersin their 
place, fail to justify at the time and i)lace appointed, he s'.iall deliver the property to 
tiie plaintiff. 

Sec. 100. If the pro,iorty, or any part thereof, be concealed in a building or en- 
closure, the Slicriff shall pnblcly demand its deliver}-. If it be not delivered he 
ghall cause the budding or enclosure to be broken open, andtake the property into 
liis posession ; and. if necessary, he may call to his aid the power of liis County. 

102. Proceeainiis oil jiiJirmeut ajainst tiiierill". Coae 56lj. 

103. Sliuriir 10 tiktf, and Ueliver ocirjoii-.il propertv. I). SOT. 
10-4. But uiiiy rcceivi^ security in lifu ilicreof. lb. 

105. To be responsible nil I'.elendaiit ju-tifljs. I^. lb. 508. 
IJJ Coaui.tltd projieily. how rakeu br SJicriC. I'j. 



MANUAL. 123 



Powers and Duties of Slieriflfe. 



Sec. 107. Wlien the Sheriff sLal I have taken property, as in this Chapter provided, 
he shall keep it in a secure i)lace, and deliver it to the party eiittled thereto, upon re- 
ceiving his lawful fees for takintr. and his necessary expeiis !3 for keeping tLe same. 

Sec. 108. If the property taken be claimed by any other person than tlie defen- 
dant or his agent, and such person shall make affidavit of his title thereto, and - 
right to the possession thereof, stating the grounds of such right and title, and 
serve the same upon the SiienlT, tlie Slieriff shall not bo bound to keep the prop- 
erty, or deliver it to the i)laintifT, unless the plaintiff, on demand of him or his 
agent, shall indemnify the Slieriff against such claim, by an undertaking, execut- 
ed by two sufficient suretie.=i, accompanied by their affidavit that they are each 
worth double the value of tlie propeity, as specified in the airi>Iavit of the plain- 
tiff, and freeholders and householders of the County. And no claim to such proj)- 
erty, by any other person than the defendant or his agent, shall be valid against 
the Sheriff, unless made as aforesaid ; and, notwithstanding such claim, when so 
made, he may retain the property a reasonable time to demand such indemnity. 

Sec. 109. The Sheriff shall file the notice and affidavit, with his proceedings /» 
thereon, with tlie Clerk of the Court in which the action is pending, within twen- 
ty days after taking the property mentioned therein. 

Sec. 110. The warrant shall be directed to any Sheriff or Constable of any Coun- 
ty in which property of such defendant may be. and shall require him to attach 
and safely keep all the property of such defendant within his County, or so much 
as may be sufficient to satisfy the plaintiff's demand, together with costs and ex- 
penses, the amount of which must be stated in conformity with the complaint, to- 
gether with costs and expenses. Several warrants may be issued at the same time 
to the Sheriffs or Constables of d'fferent Couiitles. 

Sec. 111. She Sheriff or Constable to whom snck warrant is directed and deliv- 
ered shall immediateh' attach all the real estate of such debtor, and all his person- / ( 
al estate, including money and bank notes, except such real and personal estate 
as is exempt from attachment, levy or sale by the Constitution ; and shall take in- 
to his custody all books of account, vouchers and papers relating to the property, 
debts cn^dits and effects of such debtor, together with all evidences of his title to 
real estate, Avhich he shall safely keep, to be disposed of as hereinafter directed. 

Sec. 112. He shall, immediately on making such seizure, with the assistance of 
two disinterested freeholders, make a just and true inventory of all the propertv 
so seized, and of tlie books, vouchers and papers taken ii^to custody, stating there- 
in the estimated value of the several articles of persona] property, and enumera- 
ting such of them as are perishable, whicli inventory, after being signed bv the 
Slieriff, and ap])raisers, shall, within ten days after such seizure, be returned to 
the otiicer who issued the warrant ; and the Sheriff or Constable shall, under the 
direction of such officer, collect, receive and take into liis possession all debts, cred- 
its and effects of such debtor, and commence such suits, and take such legal pro- 
ceedings, eitlier in his own name or in the name of such debtor, as may be neces- 
sary for that purpose, prosecute and discontinue the same at such times and on 
such terms as the Court may direct. The property so seized, or the proceeds of 
such as sliall have been sold, and debts collected, shall be kept to answer any 
judgment which may bt; obtained in such action. 



107. When Siienfl'to iteep piopsrry. Codn. 506. 

108. Claims of third cersoiis, how iic'jusied. Id. 567. 

109. Sheii;", 10 flip notice with Cie'-k. lb. 

110. Suerifl' to execute warr.iiit ol ;,tc iclitn°nt lb. 572. 

111. VVirr:.)U liou' exfcu.e . Ih. 

llW. Diiiy ol oheriD on jllac lin:; reul .st:,[e. I). .373. 



124 MANUAL. 



Powers and Duties of Sheriffs. 



, .. Sec. ll;3. TIk^ oxt>cut,!on of tlie attafliment upon any sucli rij.i:litf*,Mliares, or any 
_ "-J ^\ debts or other property incapable of manual delivery to the Slieriff or Constable, 
shall be made by leaving a certified copy of the warrant of attachment with tho 
President or other head of the association or corporation, or tlie Secretary, 
Cashier, or managing- agent thereof, or witli the debtor or individual holding such 
property, with a notice showing the projjerty levied ou. 

Sec. 114. Whenever the Sheriff or Constable shall, with a warrant of attach- 
ment, or execution against the defendant, api)ly to such otHcer, debtor, or individ- 
ual, for tlie purpose of attaching, or levying upon such property, such officer, debt- 
or, or individual, shall furnish him with a certificate under his hand, designating 
the number of rights or shares of the defendant in the stock of such association 
or corporation, with any dividend or iu<fiimbrance thereon, or the amount and des- 
cription of the property held by such association, corporation, or individual, for 
the benefit of, or debt owing to the defendant. If sucli officer, debtor or individual 
refuse to do vSO, he may be required by the Court or Judge to attend before him, 
and be examined on oath, concerning the same, and obedience to such order may 
be enforced by attachment. 

Sec. 115. In case judgment be entered for the plaintiff in such action, the Sher- 
O L iff or Constable shall satisfy the same out of the property attached by him, if it 
shall be sufficient for that purpose : 

By paying over to such plaintiff the proceeds of all sales of perishable jiroperty, 
*| and of any vessel, or share or interest in any vessel, sold by him, or of any debts 

or credits collected by him, or so much as shall be necessary to satisfy such judg- 
ment. 

If any balance remain due, and an execution shall have been issued on such judg- 
ment, he shall proceed to selJ, under such excutioii, so much of the attached prop- 
erty, real or ])orsorial, except as provided in sub-division four of this Section, aa 
may be necessary to satisfy the balance, if enough for that purpose shall remain in 
liis hands ; and in case of the sale of any rights or shares in the stock of a corpora- 
tion or association, the Sheriff or Constalde shall execute to tlie purchaser a certi- 
ficate of sale thereof, and the purchaser shall thereupon Lave ail the rights and 
privileges in respect thereto which were had by such defendant. 

If any of the attached property belonging to the defendant shall have passed out 
of the hands of the Slieriff or Constable without having been sold or converted into 
I money, such Slieriff or Constable shall repossess himself of the same, and for that 
purpose shall have all the authority which he had to seize tho same under the at- 
tachment ; and any person who shall willfully con i-eal or withhold such projierty 
from the Sheriff or Constable, shall be liable to double damages, at the suit of the 
party injured. 

Until the judgment against the defendant shall be paid, the She.-iff or Constable 
. may proceed to collect flic notes and otiier evidences of debt, and the debts that may 
have been seized or attached under the warrants of attachment, and to prosecute 
any bond he may have taken in t'.ie coursj of such procjedings, and apply the pro- 
ceeds thereof to the payment of the judgment. 

At the expiration of six months from the docketing of the judgment, tlie Court 
ehall have power, upon the petition of the jilaintiff, accompanied by an affidavit set- 
ting forth fullv all the proceedings which have been had by the Sheriff or Consta- 

li3. How aichment to oc levied uoon biui .Shares or OJier sties. Code, 573. 

114 Siierill" to be given a Ceitifle:i(e. It). 

115. How SiuM-in to satisy ju liiiioiii. II). 5"t. 



MANUAL. 125 



Powers and Duties of Sheriffs. 



lile since tile service of the attacliment, tlie property attached, and tlie disposition 
tliereof, and also the affidavit of the Sheriff or Constable that he has used dilicreuce 
and endeavored to collect the evidences of debt in his hands so attached, and that 
there remains uncollected of the same any ]'art or portion thereof, to order the Sher- 
iff or Constable to sell the same, upon such terms nnd in such manner as shall be 
deemed proper. Notice of such ap]dication shall be given to tlie defendant or his 
attorney, if the defenfajit shall have appeared in the action. In case the summons 
has not been personally served on tlie defendant, the Court shall make such rule 
or order, as to the service of notice and the time of service, as shall shall be deemed 
just. r- g 

When the judgment and all costs of the proceedings shall have been paid, the ^ ^ 
Sheriff or Constable, upon reasonal le demand, shall deliver over to the defendant 
the residue of the attached property, or the ])roceed8 thereof. 

Sec. IIG. The actions herein authorized to be brouf^ht bv the Sheriff or Constable 
may be prosecuted by the plaintiff, or under his direction, upon the delivery Ly t. 
him to the Sheriff or Constable, of an undertaking- executed by two sufficient sure- ' 
ties, to the effect that tlip plaintiff will indemnity the Sheriff or Constable from all 
damages, costs and expenses on account tiiurof, not exceeding two hundred and 
fifty dollars in any one action. Such sureties shall, in all cases when required by 
the Sheriff or Constable, justify by making an affidavit that each is a householder, 
and worth double the amount of the penalty of the bond over and above all de. 
mands and liabilities. 

Sec. 117. If the foi-eign corporation, or absent or absconding or concealed defend- ' i 
ant, recover judgment against the plaintiff in such action, any bond taken by the 
Sheriff or Constable, except such as are mentioned in the last Section, all tlie pro- 
ceeds of sales and moneys collected hy him, and all the property attached remain- 
ing in his hands, shall be delivered by him to the defendant, or Lis agent, on request, 
and the warrant shall be discharged, and the property released therefrom. 

Sec. 118. When the warrant shall be fully executed and discharged, the Sheriff 
or Constable shall return the same, withliis jiroceediugs thereon, to the Court ia 
which the action was brought. 

Sec. 119. Whenever, pursuant to this Code, the Sheriff may be required to seive 
or execute any summons, order or judgment, or do any other act, he si i all be hound 
to do so in like manner as upon process issued to him, and shall equally be liable 
m all respects for neglect of duty ; and if the Sheriff be a party, the Coroner shall 
he bound to i^erform the service, as he is now bound to execute process Avhere the 
Slieriff is a party ; and all the provisions of this Code of Procedure relating to Sher- 
iff shall appY to Coroners where the Sheriff is a party. 

Sec. 120. It shall be the duty of the Attorney General, the Comptroller General 
and Secretary of State, conjointly, to designate, by public notite, one or more 
newspapers in this State, in which all legal notices, advertisements, or publication 
for the State, of any and every character r^'quired by law to be made public, shall 
be published ; and further to designate a proper number of newspajiers for the S3V- 
cral Counties of this State, in whicli all notices, advertisements or publications, for 

116. Plaintift' to sive Sherifl" bond of iiulein;t\ . Code, 575. ^ 

117. flow bond disposed of if judgin^jnc be tor defenJant. lb. \f\\jOi^ 

118. When Sherifl'to return warijint and proceeding. lb. ,576. , 

119. Duty of SiierifTs in executing procu-^s under ilieCode. II). 619. / w , 

120. Wlioi'j dusi_'u;ite paper in wliic'.i to pubhs'.i lc/,;il notices. 14 c:t.it., .3jl, 1. 



126 MANUAL. 



Powers and duties of Sheriffs 



the County or Counfi?s for which, respectively, each paper shall be designated, of 
any and every cliaracter required by hiw to be made public, shall be published ; and 
said Attorney General, Comptroller General and Secretary of State, shall havepow. 
er to miike such chanj^es and new desijjnatious, from time to time, ae they may 
judge the puulic interest requires. 

Sec. 121. All State and County officers, and other persons, arc hereby required 
to furnish to thencwspap ts dcsi;!nated under tbis Cbapter, for the State atid for 
the respective Counties, for publication, all legal notices, advertisements and publi- 
cations, of any and every cbaracter required by law to be made public; and no 
legal notice, advertisement or publication required to be made puVdic, sliall have 
anv valid for. c or cflFect unless published in the newspaper or newspapers desipnat- 
ed under this Chapter ; and no publication, of any character, in any newspaper not 
designated under tnis Chapter, shall be paid for from the funds of this State, or of 
any County : Provided, That the said officers mentioned in Section 120 shall have 
power, incases requiring unusual publicity, to order publication in such newspa- 
pers, in addition to those designated under this Chapter, as by and with the advice 
of the Governor, they may select ; and bills so incurred shall be audited and paid in 
the usual manner. 

Sec. 122. If any Clerk of the Circuit Court of General Sessions, County Sheriff", 
2 / •■ or Trial Justice, shall neglect or refuse to immediately pay over, ay required, any 
' J and all fines and penaltii s collected by them in any criminal cause or proceeding, 
he shall, on conviction thereof, be subject to a fine of not less than one hundred, nor 
more than one thousand dollars, and imprisonment not less than three, nor more 
than six months, and sliall be d smisscd from office, and disqualified Irom holding 
any olfice of trust and profit uirder this State. 

Sec. 123. If a Sheriff", Constable, or other officer, authorized to serve legal pro- 
ceFS, receives from a defendant, or any other person, any money or other valuable 
'>^\^ thing as a consideration, reward or inducement, for omitting or delaying to arrest 
a defendant, or to carry him before a Trial Justice, or for delaying to take a per- 
son to prison, or for postponing the sale of property under an execution, or for o- 
mitting or delaying to perform any duty pertaining to his office, he shall be pun- 
ished by fine not exceeding three hundred dollars. 

Sec. 124. If any two or more perons shall band or conspire together, or go in 
disguise upon the public highway, or upon the premises of another, with intent 
to injure, oppress, or violate the person or property of any citizen, because of his 
political opinion or his expression or exercise of the same, or shall attempt, by any 
means, measures or acts, to hinder, prevent or obstruct any citizen in the free exer- 
cise and enjoyment of any right or privilege secured to him by the Constitution 
and laws of this State, such per.=ons shall be deemed guilty of a felony, and, on 
conviction thereof, be fined not less than one hundred, or more than two thousand 
dollars, or be imprisoned not less than six months, or more than three years, or 
both, at the discretion of the Court ; and shall thereafter bo ineligible to, and dis- 
abled from, holding any office of honor, trust or])rofit in this State. 

Sec. 12.1 If, in violating any of the provisions of Sections 1 and 4 of this Chap- 
ter, any other crime, misdemeanor or felony shall be committed, the offender or 



Jo 



If 



121. tiiierin'.s to advertife in pnps-s lcsign;ue 1. 11 stat., 351. 

122. t-iiipriff's to oa\ ovHr :oes rfccciver.— )eiialtv for ncilect. Oen'l Scat. 662. 
12-3. Sheriifs puuislicd lor i-ec?ivin,' juv to neilect <'utv. lb. CGl. 

12J Coa.-r/iiac.' a,z.;in?t pjf,-o_i< Ji c, Gj:!, S r. OCT. 1. 



MANUAL. 127 



Powers jincl Duties of Site riffs. 



oflFendcrs shall, on conviction tliereof, be fKibjucted to sucli ])unishmpnt for the 
i^anu' lis id attached to such crime, misdemeanor and felo^iy by the existing' hiws of 
his State. 

Sec. 12G. It shall be the duty of all Sheriffs, Constables, and ntlier officers, wlio 
may be specially empowered, to lAwy and execute all warrants and other processes /*—» "7 
issued under the provisions of Sections 1 to 7, inclusive, of this Cliapter, to them '' _,y 
directed ; and should any Sheriff, Constable, or other officer specially empowered, 
refuse to receive such warrant or other i>rocess, when tendered to him, or neglect 
or refuse to execute the same, be shall, on conviction, thereof,^ be fined in the sum 
of five hundred dollars, to the use of the citizens deprived erf th« rig'hts secured 
by the provisions of this Chapter, or be imprisoned in the County jail, in the dis- 
cretion of the Court, And the better to enable the Sheriffs, Constables, and other 
officers specially empowered, to execute all such warrants and other ])roce»ses as 
may be directed to them, they shall Jjave authority to summon and call to their 
aid the by-standers or posse coinitati's of the proper County ; and all persons refus- 
ing to ol)ey the summons or caTI of the officers thu* emjjowered shall be deemed 
guilty of a misdemeanor, and, on conviction thereof, be punished. And such war- 
rants and otlier processes shall run and be execvited by said officers anywhere 
w5thin the Circuit or County in which they are issued.^It shall be lawful for the -" ■" 

County Commissioners of the County against which dscmages may be recovered, ^'j 

under the provisions of this Chapter, to bring suit or suits, in the name of the / ,J 
County, against any and all persons engaged, or in any manner participating in 
a mob or riot, and against any Constable, Sheriff, or other officer charged with 
the maintenance of the public peace, who may be liable, by neglect of duty, 
to the i)rovisions of this Chapter, for the recovery of all damages, costs and ex- 
penses incurred by said County, and such suits shall not abate or fail by rea- 
son of too many or tiK) few parties defendant being named therein. 

Sec. 127. Any person who shall hinder, prevent or obstruct any officer or other a^ ^ j 
person charged with the excution of any warrant or other process issued under -^ j / 
the provisions of Sections 1 to 10, inclusive, of this Chapter, in arresting any per- 
son for whose aitprchension such warrant cr other i)rocess may have been issued, 
or shall rescue, or attempt t o rescuo, eucIi pei^on frcm the custody of the officer or 
person or persons lawfully assisting him, as aforesaid, or shall aid, abet or assist 
any person so arrested, as aforesaid, directly or indirectly, to escape fjom the cus' 
tody of the officer or person or persons, assisting: him, as aforesaid, or shall harbor 
or conceal any person for whose arrest a warrant or other process shall have been 
issued, so as to prevent his discov ry and arrest, after notice or knowledge of the 
tact of the issuing of such warrant or other process, shall, on conviction for either 
of said offences, be subject to a fine of not less than fifty, nor more than one 
thousand dollars, or imprisonment of not less than three months, nor more tluin 
one year, or both, at the discretion of the Court having jurisdiction. 

Sec. 138. Sheriffs, Constables and other officers in the several CircuitsorCounties, ' -» X ^ 
vested with powers of arresting, imprisoning and hailing offenders against the 
laws of tliis State, are hcrcUy specially authorized and required to institute pro- 
ceedings against all and every person and jjcrsons who shall violate the provisions 
of the preceding Sections of this Chapter, and cnuse him and them to be arrested, 

?25. Or other Crimes. 14 star., 560. 

136. Siicrin's to pxccute wnrrants &c, renalty Tor neglect. lb. 3. 

1^7. rp.iliy 'or iil)structiim oillc^r-^, or r.^cfivin:: otlenders. lb. 65S. \. 

lis. 9.'ii'U:r< sptciiilly r qairtil lo ciiforcy pvovijij-.is j' uns cluxpler. I). 303. 10. 



128 MANUAL. 



Powers and duties of Sheriffs 



imprisoned, or bailed, as tlic case may require, for a trial before such Court as slii.U 
have jurisdiction of the olFence. 

Sicc. 129. The Court of General Sessions before wJiom any criminal shall be tried 
shall, upon couvictiou of the offender, by order, authorize and direct the Sheriff or 
any Cotista le or Constables of the County where such person shall be dwelling or 
inhab.t, and from whence he shall be committed as aforesaid, or where he shall 
have any jroods within the County, to sell so much of the jroods and chattels of the 
person so to be committed as shall satisfy and pay the charges of conveying and 
sending him to the said jail as aforesaid. 

Sec. 130. The appraisement of the poods and chattels of snch person so convict- 
ed shall be made by three freeholders, inhabitants of the said County where such 
;2:ood8 or chattels shall be, ( the said freeholders being first sworn to make a just 
and true appraisement of the same ) ; and the Constable shall return the sum so by 
him levied to the Couuty Treasurer, and the overplus of the money which shall 
be made on such levy siiall be dt;livered to the party. 

In every cas° where any such recognizance shall be adjudged so forfeited, or 
where any fine shall be imposed by, or recovered for, the use of the State, in any 
Court, or ])efore a Trial Justice, if the party incuring such fine or forfeiture sliall 
fail to pay down th same, w^ith the costs of jirosecution, then a writ, in the nature 
of an execution, shall i=;sue, by virtue of which the Sheriff, or his Deputy, shall sell 
(in the same manner as property is sold under execution in ciA'il cases) so much of 
fciucli offender's estate, real or personal, as may be necessary to satisfy the fine or 
forfeiture, and also the costs of prosecution, and also the reasonable charge of ta- 
king, keeping and sellinir such property, returning the overplus, if any, to the of- 
fender, together with a bill of the fine or forfeiture, with costs and charges, if he 
require it. 

If the Sheriff, or his deputy, return on oath that such offender refused to pay, or 
has not any property, or laot sufficient whereon to levy, then a "wiit oicajnas ad 
satisfaciendum shall issue, whereby he shall be committed to the common jail, un- 
til the forfeiture, costs and charges, shall be satisfied ; entitled, however, to the 
privilege of insolvent debtors. 

Sec. 131. When the execution is against the property of the judgment debtor, 
it may be issued to the Sheriff of any County where the judgment is docketed. 
When it requires the delivery of real cr personal property, it must isssued to the 
Sheriff of the County where the property, or some part thereof, is situated. Execu- 
tions may be issued at the same time to different Counties. 

Real property adjudged to be sold, must be sold in the County where it lies, by 
the Sheriff of the County, or by a referee appointed by the Court for that purpose, 
and thereupon, the Sheriff" or referee must execute a conveyance to the purchaser, 
which conveyance shall be effectual to pass the rights and interests of the parties 
adjudged to be sold. 

That Scclion 310 of au Act entitled "An Act to revise, simplify and abridge the 
rules, practice plcadinys and forms of Courts in this State," approved the first day of 
IMarch, A. D. 1870, Le, and the same is hereby, altered and amended by striking out 
therefrom the words " or by a referee appointed l^y the Court for that puj pose," and 
the word "referee" immediately thereafter. 

129. .-JlientT's (o sell goods of Crimrial to pay Costs. Gen. Stat., 085, 3. 

130. E.xecution to be iss.ied .iiaiust o.iute ol ofl'enJe.-, audil amount not realized, may be com- 
nufteU. lb. 036. 

131. Properly to be sold only by Snorif and ret'cr.'jr.s— Aracnamcnt lb. 588,-15 Stat., 194. 



MANUAL. 129 



Powers and Duties of Coroners. 



CHAPTER VII. 



OF THE 



OFFICE, POWERS ANO DUTIES OF CORONERS, 



Sec. 1. That there shall be a rrcneral election for the election of County Coro- 
ners, held in each County, on the first Tuesday after the first Monday of Novem- 
ber, A. D. 1870, and on the eanie day in every fourth year thereafter. 

Sec. 2. That the County Coroners shall continui; to perfo'Ui the duties of their 
respective offices until their successors shall be elected and duly qualified. 

Sec. 3. That the County Coroner?, before receiving their commissions, shall en. 
tT into bonds, to be executed by them and any number of sureties, not exceeding 
twelve nor less than two, to be approved by a majority of the Board of County 
Commissioners, that is to say : Ot the Coroner of Charleston County, ten thousand 
dollars ; of the Coroner of each of the other Counties, two thousand dollars ; 
said bond to be lodged in the office of the County Commissiouer.s of their respect- 
ive Counties. 

Sec. 4. That every Coroner shall, before he is qualified to act, in addition to the 
oath of office, take an oath to enforce, and, to the extent of his power and ability 
carry into effect the law against gamincr, and, in all cases, to bring to justice viola- 
tions of the same, whenever such violations shall come within his view and knowl- 
edges. 

Sec. 5. When a person has been elected, or designated for appointment, to the 
office of Coroner, and has taken and subscribed the oath of office and given bond, as 
required by law, it .shall be the duty of the Governor to issue a commssion to him 
accordingly. 

Sec. G. That the Coroner of any County may appoint one or more deputies, to 
be approved by any Judge of the Court of Common Pleas of sucli County, who 
shall take and subscribe the oath prescribed in Section 30, Article II, of the Con- 
stitution, prior to entering upon the duties of said office. Said oatli may be ad 
ministered by any officer authorized to administer oaths in the County. 

Sec. 7. That the appointment of every such deputy shall be evidenced bv a 
certificate thereof, signed by his principal, and shall continue during, the pleasure 
of the principal ; and every principal may take such bond and security from his 

1. Eieclion of Coroners, 14 Stat , 338. 

2. Coroner to perform duty till successor is qoalifiecl lb. 338. 

3. Amount of Coroner's siiretie'', and where lodged. Id. li). 

4. Oailis to be taken bv Coroners. 6, Stat., 27 

B. GoTenior to commission Coroners; Constitution Art. 2, 30. Art. 3. 17. Art. 4. 30. 
0. Coroners m;iv aoDOint dcputufs. 11. Stnt., 33•^ 1. 
7. Ctriifiote of :ippoiii;nicn'. to I'c given. lb. 332, 2. 



130 MANUAL. 



Powers iuid Duties of Coroners. 



deputy as he s^iall ilt'cm necessary to secure the faithful discharj^e of the duties of 
his appointment : and the princiiial sliall, in all cases, be answerable for the neg- 
lect of duty or misconduct in otHce of hit! deputj*. 

Sec. 8. No Coroner shall act as Jailer, Deputy Sheriff, or under any appoint- 
ment by a Sheriff ; and if any Coroner shall accejit, or shall act under the appoint- 
ment of the Slieriff ofhis County, Lis office shall 1 e vacated, and the same shall be 
filled in the manner provided by law in case of vacancy from any other cause. 

Sec. 9. The Corouer shall keep an otRce at the Court-house in his County, 
which shall have proi)er fixtures, and in which shall be kept liis book of inquisi- 
tions, which book sluill be public property, and shall be turned over to his suc- 
cessor in ofiice. 

Sec. 10. Any Trial Justice of the County is authorized and re(iuired to exer- 
cise all the powers, and discharge all the duties of the Coroner in holding in- 
quests over the body of deceased persons, and taking all proper proceedings there- 
in, in all cases when the Coroner of the County be sick or absent, or at a greater 
distance than fifteen miles from the place for such inquiry, or when the office is 
vacant. 

Sec. II. Every Coroner, within the County for whicli he has been elected or 
appointed, is empowered to take inquests of casual or violent deaths, where the 
dead body is lying Avithin his County. 

Sec. 13. That if any person sliall be Litt(Mi by a rattle-snake, and sliall die sud- 
denly and immediately of such bite, such death shall be deemed a violent and un- 
timely death, and the Coroner shall have a view of such body, and make inquiry 
thereon as of any other l)o(ly that came to any other violent or casual death. 

Sec. 13. If the Sheriff shall be a party plaintiff or defendunt, in any judicial 
process, execution, warrant, summons or notice to be served or executed, within 
his County, the Coroner shall sftcve- or execute such process, execution, warrant, 
summons or notice ; in the discharge of which duties, he shall incur such liabili- 
ties as would, by law attach to their performance, by the Sheriff himself. 

Sec. 14. That in the event that a vacancy shall occur in tae ofiice of Coroner iu 
an3' County of the State, whether by death, resignation or otherwise, the Gover- 
nor shall, by proclamation, designate some Trial Justice of the County wherein the 
vacancy occurs, to act as Coroner until, by order of the Legislature, an election shall 
be had to fill the vacancy. 

Sec. 15. The Coroner, while discharging the office of Slieriff, shall ])rovidc a 
suitable book, in which he shall enter such executions or other j^apcrs as he may 
be directed to enter by com])etent authority ; and also all new writs, processes, ex- 
ecutions or other pap( >rs, proper to be entered by a Sheriff ; and also all his pro- 
ceedings as Sherifl', in manner and form as Sheriffs are by law ti. dcj ; which book, 
or a certified copy thereof, he shall leave in the Sheriff's office, as a record. 

8. Coroner not io ati aa Jailor or Deputy Saenif. 11. Stat. 71, 1. 

9. Cavnerto keap an ufficc, where, and lo kftepbooK of inquisitions. lb. IS. 33. 

10. Irial Jn<nce m;;y ace as Coroner, when. lb, 33. 23. 

11. Coroi.er to hold inquesis, It), T2. 8. 

13. To view bodv o! i.ers.m dyini U-oin bi:e of Rattle-=!nake, 2. St.it. 273. 10. 

13. Coroiier to act 1 ; case tjherifl'be interested pirtv. 11. St a., 73., 41. 

14. Vacancy 111 Cori)ner'.s ofVioe to filled bj' Governor, 14, Sta'., 324. 

15. Coroner actinc as Suenil, to keen special DO;)k tor .;is enU'ies. 11, Stat., 79. 4.3. 

10. Coroner not bouu l to av,t upon pa',)-r^ in S lonll's office unless insliucicu tiier^iv. I . 44. 



MANUAL. 131 



Powers and Duties of Coroners. 



Sec. 1(5. Tho Coroner sliall not be bound to act ujion &ny papers in the Sheriff's 
office^ except he be specially instructed ; nor shall lie be bound to embrace, in his 
return to the Clerk's office, any execution found in the Sheriff's otRce which is 
not entered in his book, or upon which he may not have taken any proceedings. 

Sec. 17. As soon as the Coroner sLall enter upon the duties of Sheriff, he shall, 
in the presence of the Clerk of tiie Court, or Jailer of tli'.; County, if there bo one, 
make a list of the prisoners in tlie juil, and sirr^eJ by himself and the Jailer, to be 
entered in the Coroner's book, and tiu' origiiuil lodgfcd in the Clerk's office. 

Sec. 18. Upon retiri)ig from the Snoiiff's ofHce, lie si all turn over tLe papers of 
the office, and the prisoners in jail, to the succeeding Sheriff, in manner and form 
as Sheriffs may be roqured to execute tlie same duty. 

Sec. 19. Ever}' Coroner shall keep a book, ',o be called "The Coroner's Book of 
Inquisition," into which ne shall copy all inquests found within his County, togfcth- 
er with the evidence taken before the jury, and all proceedings had before or after 
their findiuir. 

Sec. 20. The origin al inquisition and evidence, as taken by him, shall be re- 
turned by the Coroner, within ten days next after the fliuling-tliereof, to the Clerk 
of the Court of General Sessions for the County in whicli it was found. 

Sec. 21. The Coroner, before ho returns such inquisition and evidence, bUoII en- 
dorse the same in this form. 

'•SocTU Cakolixa, ) 

County, \ 

The State rs. The Dead Body of A. B, 
Inquisition taken this day of A. D. by 

Coroner for said County, entered and recorded in Coroner's Book of inquisitions, 

l)age , this day of A. D. " 

Sec. 22. Each County officer, elected or appointed, shall, before entering upon 
the duties of his office, in addition to the other oatlis required by law, take the fol- 
lowing oath : " I, A. B, swear (or affirm, as the case may be,) that I am under no 
promise, in honor or law, to share the profits of the office to Avliich I have been 
elected, (or appointed, as the case may be,) and I will not, directly or indirectly, 
sell or dispose of said office, or the jn-ofit.s thereof ; but will resign, or continue to 
discharge the duties thenof during the period fixed by law, if I so long live : So 
help me God. 

Sec. 23. That tho following compensation shall be allowed to any physician 
■who may be called in by tin- County Coroner or acting Coroner to make a j^oni 
mortem, examination, and testifying thereof as an expert, to wit : Where death has 
resulted from violence, the sum of ten dollars ; when any chemical analysis is re- 
quired, a sum not exceeding fifty dollars, together with the expenses of such anal- 
ysis ; and that m every case in which a physician shall bo called to any distance 
beyond one mile, he shall be allowed five cents per mile for travel : Profirf<'d, 



17. Coroner to make li>t of prisoners, and lodge Sjme in Clerk's office. 

18. Coroner to turn over books and pr.pers in blicrifl's ofTice to succbssor. lo. 46. 

19. Coroner to keep book of ■'Iiiqnisiion>." lb. 77, 31. 

20. Orisiiial inquisitions to be filsd in Clerk"* oflice. lb. ;<2. 

21. Endorsement to be made upon tliom. lb. .3.3. 

22. Coroner to take o.^.tii not to sliar? profits ol office, G, Stat., 384, 4. 

2:1 Muv call ill plir=ician to wvjlV.v post inortcm '^xamiiiation.-l'.iy ot phjsiciTii. 13, Slat. 12S. 



132 MANUAL. 



Powers and Duties of Coronere. 



Tliiit in all cases in wliidi flicuiical nnalysis shall Ix; made, tlio pliyt^ician avIio 
phuU niake the post mortem examination f^hall fnrni^^h to the County Coniniigsion- 
eis, witli his acciunt, a full statement of such analvt^is. 

Sec. 24. Every asjcount presented iov i-nTy'ivi^ ^ov nny jyoHt mortem examination, 
shall have the certificate of the Coroner, or Trial Jubtice acting as Coroner, that 
the services were rendered. 

Sec. 25. Whenever, jn^rsuant to tliis Code, the PherilT may be recjuired to serve 
or execute any summons, onler or judgmtuit, or to do any other ;ict, he shall be 
hound to d-o so in like manner as upon process issued to him, and shall be equally 
liable in all respects for neglei't of duty ; and if the Sheritf be a party, the Coroner 
fchall be bound to perform the service, as he is now bound to execute process 
where the Sheriff is a party ; and all the provisions of this Code of Procedure re- 
lating to Sheriffs, shall apply to Coroners where the Sherilf is a party. 

Sec. 23. When the Coroner shall be informed of, or shall see, the dead body of 
any person, supposed to have come to a violent and untimely death, found lying 
within his County, he shall make liis warrant, directed to all or any of the Consta- 
bles of his County, or to the Sheriff of his County, requirir.gthem,or any of them 
forthwith to summon a jury of fourteen men of the County, to appear before him 
at the time and place specified in the warrant, which warrant shall be in this 
form : 
"The State of South Carolina : 

To the Sheriff, (or to any Constable or Constables, as 

the case may be,) of "- County, Greeting : 

These are to require you, immediately on receipt and 
sight hereof, to summon and warn, verbally or otherwise, fourteen men of the said 

Countv,tobe and appear before me, the Coroner of said County, at 

within the said County, between the hours of o'clock, on the 

Jay of , then and there Lo inquire, upon the view of a body of a cer- 
tain person there lying-dead, how he came to his death. Fail not herein, as you 
will answer the contrary at your peril. 

Given under my hand and seal, at this day of 

, A. D. , by me. 

A. B., 

Coroner for County." 

Sec. 27. Any Con.- table or Sheriff, to whom such warrant shall come, shall forth- 
with execute the same, and repair unto the jilace at the time therein mentioned, 
and make return of the warrant, with his proceedings thereon, to the Coroner that 
granted it ; and every Constable or Sheriff, failing to perform the duty by such 
warrant required of him, or failing to return the same, as aforesaid, shall forfeit 
and pay the sum of twenty dollars, if witliout reasonable excuse, to be recovered 
by action ; and each and every person summoned and warned, as aforesaid, to be a 
juror, and failing to appear and act as sucii juror, shall also, forfeit and pay the 
sum of twenty dollars, if without reasonable excuse, to be recovered by action. 

24 Corouer to certi yplivsician'^ account 12, tit.it., 123. 

25. To execute process under tlie Code, wlieu bheritt'i" a partv. G;:i. fe;at., 619. 

20. Woile 01 summODiiiff a jui-v of inqu SI. 11. .Sti;l., 12 9, 

27. Who to serve wi.rrant. Id. lu 



MANUAL, 133 



Powers and Duties of Coroners. 



Sec. 28. All i)ersoas, subject to jury duty in the Circuit Courts, sliall be liable 
to serve as jurors on an inquest on a dead body found within their County. 

Sec. 29. Of the jurors summoned and appearing, the Coroner shall swear twelve 
or more, and administer to the foreman appointed by him an oath, in the form 
following : "You shall inquire and true presentment malcc, on behalf of the State 
of South Carolina, in what manner A. D., here lying dead, came to his death, and 
you shall deliver a true verdict thereon, according to such evidence as shall be 
given, and according to your knowledge ; So lieljj you God ;" and to the others 
lie shall administer an oath in this form : "The oath which your foreman has tak- 
en on his part, you shall well and truly observe and keep on your part : So help 
you God." 

Skc. 30. The jury so sworn shall be charged by the Coroner to declai-e, upon 
oath, whether the deceased came to his death by mischance and accidcnice, or by 
felony ; and, if by felony, whether by hi.*: own or uther's ; and, if by mischance, 
whether by the act of God or of man ; and, if he died of another's felony, who were 
principals, and who accessories, and threatened him of life, or murder, and with 
what instrument he was struck or wounded ; and, if by mischance or accident, by 
the act of God or man, whether by hurt, fall, stroke, drowning or otherwise. And 
he shall also charge them to in(iuire of the i^ersons that were present at the find- 
ing of the body, whether he were killed in the same place or elsev>'here, and, if 
elsewhere, by whom or how he was there brought, and of all other circumstan- 
ces. 

Sec. 31. If the jury so charged find that the deceased came to his death by his 
own felonv, they shall further inquire into the manner, names and instruments, 
and to all the circumstances of the death. 

Sec. 33. The jury being cliarged, they must stand together until jiroclamation 
be made for any that can give evidence to draw near, and they shall be heard. 

Sec. 33. The Coroner shall have the i)ower to^ issue a Avarrant or warrants, to 
summon witnesses, and examine before the jury any person present, whether sum- 
moned or not, concerning the death ; and every person summoned or required to 
give evidence, and disregarding such summons, or refusing to testify, witliout 
such excuse as shall be lawful and sufficient, shall forfeit and pay the sum of 
twenty dollars, and shall be committed to jail by the Coroner, until the next 
Court of General Sessions, or until he testifies and is discharged by lhe Coroner ; 
(the said forfeiture to be recovered by indictment ;) and, in addition, shall be lia- 
ble to be indicted at the next Court of General Sessions for the County, and, upon 
conviction, shall b(r fined and imprisoned at the discretion of tlie Court. And the 
Coroner shall bind sucli witness or witnesses so apj)earing, by recognizance, with 
good and sufiicieut surety, to appear at the next Court of General Sessions, to stand 
his trial ; and the witnesses refusing to enter into such recognizance shall hi-. 
forthwith committed to the jail of ihe County, by commitment, under the hand 
and seal of tlie Coroner, there to be kept until they enter into such recognizance, 
as before required. 

2S. Who snbjec. to oiitv :is Coroner's jury. 11, S'tat., 72, 11. 
29. Nur.ber ot iiirors; and o;.ih to be uiliiiiiii terei\ lb. 73. 12. 
rtO. CnroiiPr to c'.itu-ue j iiy. lb. 74, 13, 

31. Ii^qmrv in c;isi! o; MiicUle. I >. il. 

32. Coroner lo makp Drocl.in);ition. Ih. 1.5. 

33. General powers ol Coroners. T). 73. 1.5. 



134 MANUAL. 



Powers and Duties of Coroners. 



Sec. 34. A Coroner shall luivo power, if Up dfcni it ncrcPFury, to ndjourn tlio 
jury, cither from day to day, or to fiiiy other day and place, to receive ev'dence, 
binding the jurors severally by one recognizance, in such ajuount as he shall think 
fit, for their api)earance ; whicli recognizance may be estreated, as to any of the 
conusors for default, by the Court of (leneral Sessions. 

Sec. 35. If all or any of the jurors should fail to re-appear at the day and ])lacc 
to which they were adjourned, the Coroner shall issue his warrant to sa]>ply tho 
places of the absent jury, or of so many of the jurors absent as may be necessary ; 
and the jurors last summoned shall be sworn and charged as those lirst summoned 
Avere, and shall have the same ])owers, a.nd be liable to the same penalties. 

Sec. 36 The witnesses examined upon the inquest shall be sworn as follows, 
by tlie Coroner, who is empowered to administer the oath, that is to say ; "The 
evidence you shall give to this inquest concerning the death of A. B., here lying 
dead, shall be the truth, the whole trutli, and nothing but the truth : So help you 
God." 

Sec. 37. The testimony of all witnesses examined upon an inquest sliull be tak- 
en down in writing by the Coroner, and signed by tlie witnesses, and if the testi- 
mony tends to criminate anv per.son as concerned in the death of the deceased, the 
Coroner shall bind over the witaess who gave it, m recognizance, with sufficient 
surety, to appear at the next Court of General Sessions to be holden for the Coun- 
tv, to give evidence concerning the death ; and such witness, for refusing to enter 
into such recognizance, shall be committed by the Coroner to the jail of the Coun- 
ty, by warrant under his hand and seal, there to be kept until the session of the 
Court, or until he shall enter into such recognizance as required. 

Sec. 38. The jury having viewed the body, lieard the evidence, and made inqui- 
rv into the cause and manner of the death, shall render their verdict tliereon, in 
writing, to the Coroner, under their hand and seals, in the manner following, 
(which shall pass by indenture interchangeably between the Coroner and jury) 
that is to say : 

South Cakolina. } 

County, f 

An inquisition indented, taken at , in County, the 

day of , A. D. , before A. U., Coroner, (or C. D., Trial .) us- 

tice, acting as Coroner for said County,) upon tlie view of the body of E. F., of 

, then and there being dead, by tlie oaths of (inserting the names of 

the jurors,) being a lawful jury of inquest, wlio, being charged and sworn to in- 
quire, for the State of South Carolina, where and by what means the said E. F. 
came to his death, upon their oath do say," &c.; (inserting how, where, at what 
time, and by what instrument the deceased was killed ;) and, if it shall appear that 
the deceased was willfully killed by another, the inquisition must be concluded in 
this form : "And so the jurors aforesaid, upon their oaths aforesaid, do say that 
the aforesaid J. K., in manner and form aforesaid, E. F. then and there feloniously 
did kill, against the peace and dignity of the same State aforesaid." 

Sec. 39. If it appear that the deceased came to his death by means unknown to 
the jury, the inquisition shall conclude thus ; "That the said E. F. was killed and 
murdered by some person or persons, (or, by some means,) to the jurors unknown^ 

34. Coroner in;i} ar.j'jurn inquesi. and oinl over witnesses. 11, Stat, 74. 16. 

35. T' ju'ors absent, Ijow vac;mcie.= fiUe.l. lb. '(4,18. 

.vli. F irni 01 oaili to be administersd to witnessffs. lo. V,). 

37. C'ir(;ner to take tesiimony in nriUntr. ;ui(l to bi'iO ov r or co:nmi[ v. iuussss. lb. 20 

3J. F^rai oi vjiJict ui Coroier's jur/. lb. 21. 



MANUAL. 135 



Powers and Duties of Coroners. 



agiikiist tlie peace and dig:nity of fee same State aforesaid." 

Siir. 40. If it api)car that lie died by self niiirJer, the in(]uisiti<)n shall ronclude, 
"That the said E. F., iu manner and form aforesaid, then and tliere, voluntarily 
and feloniously, himself did kill, against the i)eaee and dignity of the same State 
aforesiid." 

Sec. 41. If it appear that the deceased came to liis death by mi.schance,the find- 
ing shall conclude: "That A. B., in manner and form aforesaid, came to his death 
by misforlun(\ or accidi-irt." 

Sec. 42. If the proof sluill be that the death was occasioned by the htuids of an - 
other, the conclusion shall be ; "Tliat J. K. the said E. F., by misfortune, and con- 
trary to his will, iu manner and form aforesaid, did kill and slay." 

Sec. 43. After the conclusion above, according to the facts, the inquisition shall 

end in this form : "In witness whereof, I , Coroner aforesaid, and the 

jurors aforesaid, to this in(juisition have interchangeably put our hands and seals, 
the dav and year above mentioned. 

A.B .. ^L. s ] 

Coroner, County. 

C. D., ["l. s.l 
Foreman of Jury of Inquest 
E. F., &c. l''!-. s. j 

Jurors." 
Sec. 44. If the finding of the inquest be willful killing by the hands or means 
of another, the Coroner shall forthwith issue his warrant, directed to the; Sheriff, 
«r to one or more Constables for the County, for all the persons implicated by said 
finding, which warrant .shall be in this form ; 
"The State of South Cakolina; 

By A. B., Coroner, (or C. D., Trial Justice, acting as Coroner,) 

fo: C(juntj; To , h^herilf of 

County: 

Whereas, by incjidsition by me held, on (tim(^ and jilace in.<*erted,) it was found 
lliat (here insert the finding of Jury.)These are, therefore, to command you forth- 
with to appreheiul, (iiere to insert the names or name of the accused,) nnd bring 
liim, (or tliem,) before me, to be dealt with according to law. 

Given under my Inuid and seal, tlu' day of , A. D., 

A. B., Coroner. l. s. 
(or, C. D,, Trial Justice, acting as Coroner.) 
Sec. 45. Upon the return of the said warrant, and the arrest of the party or jjar- 
ties, the Coroner shall proceed to connnit him, her or tiiem, by warrant, in the fol- 
lowing form : 
To the Sheriff, or Jailer, of Count}} : 

30. FiiKliug 'Ijiir. in case of death dv means uu/ciiowii. 11, St-.it.; 74 22. 

40. KinuJnz In cas3 o! deati) l).v snicide. lb. 2.3. 

41. Finding ui case of death by mischance, lb. 24. 

42- FindinK 111 ca^e ot death bv the liiouls of ajiof er. lb, 23. 
44 Form of conclusion of Inquisition. II). 

44. Warrant to be issuiM in case ol fiM.dinz lor '.nurlcr. lb. 7G, 27. 

45. Form of commitment. Iu. 2S. 



136 MANUAL. 



Powers aud Duties of Coroners. 



You are hereby conimauded and reciuircd to reeeive and keep in close ronfinc. 
ment, in the jail of your County, ( here insert the name or nanicH of the party or 

parties,) charf;;ed before me by the finding of a jury of imiuewt, hehl on the 

chxy of , at , witli (here insert lindin,":,) until he. (slie 



or they ) shall be delivered by due course of law. Herein fail not. 

Given under my hand aud seal, this day of , A. 



A. B., Coroner. i.. 8. 

(or, C. 1)., Trial Justice, acting as Coroner.) 

Sec. 46. All Sheriffs aud Jailers are required to receive and keep securely all 
persons so committed by the Coroner. 

Sec. 47. If the finding of the inquest be that the deceased came to his death by 
mischance, by the hands of another, the Coroner shall bind in recognizance, with 
sufficient surety, the party against whom the verdict has been rendered, to appear 
at the next Court of General Sessions for the County, that the same may be then 
and there inquire 1 into ; and the Coroner shall also bind over by recognizance, 
with good surety, all such material witnesses as were examined before the jury 
of inquest. 

Sec. 48. If any person shall bury, or cause to be buried, the dead body of a per- 
son supposed to have come to a violent death, before notice to the Coroner to ex- 
amine the body, and before inquiry is made into the manner and circumstances of 
the death, such person shall be liable to indictment therefor before the Court of 
General Sessions, and, upon convictioii, shall be fined and inqn-isoued at the dis- 
cretion of the presiding Judge.. And the Coroner shall bind him in recognizance, 
Avith sufficient surety, to appear and stand his trial at the ensuing term of such 
Court. 

Sec. 49. If the Coroner shall know, or be informed, of the interment of the body 
of a person, supposed to have come to a violent death, he shall proceed to empau- 
nel a jury, as is hereinbefore directed, and order such body to be taken up, and 
shall conduct his examination into the cause and manner of^the death, as though 
such body had beeu buried. 

Sec. 50. If the body lias been so long dead and buried, or so injured by improp- 
er keeping, as that the causes of the death cannot be ascertained upon the exam- 
ination, the Coroner shall make record of the fact, stating its condition, by whom, 
and how it had beeu kept or buried, the circumstances of the burial, and the ident- 
ity (if discovered ;) which record shall be entered in his book, and returned, as any 
other inquisition, to the Clerk of the Court of General Sessions for the County. 

Sec. 51. The person burAdng, or directing the burial, of the dead body of one 
supposed to have come to a casual or violent death, without due notice to the Coro 
ner, upon conviction thereof, by indictment, in the Court of Sessions, shall be lia. 
bio to be fined and imprisoned, at the discretion of the Court. And the Coroner 
shall bind him in recognizance, with sufficient surety, to apjiear aud stand his tri- 
al at the ensuing term of such Court. 

46. Sheriff rf qui red to fceep prisoners cmniuittiid by Coroner. 11, Stat., 76. 29. 

47. Coroner to bind over party killing accident-.Uly, witli tne witnesses. 7b. 47, 30. 

48. Penalty lor burying body witlout inquiry. In. S4. 

41). Body to be disinterred if C^ironer susoects violeiii deat.l. It). 35. 
50. Record 4fcc., il body ba& oeen long aead. lb. 36. 
fil. Llubiliiy lor burying without inquest. lb. 77, 37. 



MANUAL. 137 



Powers and Dull- s of County Commissioners. 



CHAPTER VIII. 



OF THE 



OFFICE AND DUTIES OF C0UIIT!»1iSSI0eS, 



Sec 1. That County Commissioners, elected in pursuance of Section 19 of Arti- 
cle IV of the Constitution, shall liave juri.sdictiou over roads, higli ways ferrief, 
bridges, and in all matters relating to taxes and disbursements of money for 
County purposes, and in every other case that may be necessary to the internal 
improvement and local concerns in their respective Counties. 

Sec. 3. There shall be an election beld on the first Tuesday after first Monday 
in November, Anno Domini, one thousand eight hundred and seventy-four, and 
on the same day every second year thereafter, for the election of three County 
Commissioners in each County. 

Sec. 3. County Commissioners, before entering upon their duties, shall be 
sworn, and, at their first meeting after their election, shall choose a Chairman of 
their Board. 

Sec. 4. That all the Board of County Commissioners shall be present for the 
transaction of business, and shall audit and sign all bills and checks. The checks 
shall, in all cases, be countersigned by the Clerk of the Board. 

Sec. 5. Every Cliairman shall have power to administer an oath to any per- 
son, concerning any matter suljmitted to the Board, or connected with their pow- 
ers or duties. 

Sec. 6. The County Commissioners of the several Counties of this State shall 
meet, annually, in their respective Counties, for the dispatch of busmess ; they 
may also hold special meetings at such times and places as they may find conve- 
nient, and shall have power to adjourn from time U> time, as they may deem nec- 
essary. 

Sec. 7. County Commissionei's, when assembled for the performance of their du 
ties, may punish disorderly conduct causing interruption to the business of 
thjir meetings, or amounting to an open and direct contempt of their authority or 
persims, by fine not exceeding ten dollars, or by confinement in the custody of 
the SherifE or a Deputy Sheriff, Coroner or a Constable, for a time not exceeding 
twelve hours. 

Sec. 8. Sheriffs, D<'])uty Sheriffs, Coroners and Constables shall serve and exe- 

1. Jurisdiction of Cjiuit' C imTnissionert. 14, Stat.. 128. 

2. Ci'unty L'oinraissioners; Wiiun eleciea. aiul tenore o' office. lb. 333. 

3. .Memnei-s to Oe sworn anl Chairman to br c'lofen at fi!-<;t uieciiiii:, lb, 123. 

4 Whole Board lo be presani for transa lion of busini.ss : t lerk to c jaat jrsuii c'.iecSs lb. 062. 

5. C'ilairin-iii em^owerrd lo administer i>atlis. lb 129. 

6. Boards lo liold anna.il, and soeciil meetings. Ij. 

7. Comniissioiicis may punisii contemo:s. lo. 

8. JS: erifl to serve process issued oy Ccmu.issioiicr . Ij. 



138 MANUAL. 



Powers and Duties of County Commissioners. 



ciit«- til lojj^-al orders, wurrants or processes to ihcm directed by tLe County Com- 
missioner.s. 

Skc. !). The Board of Coiuity Coniniis.siouers of each County in the State sliall 
liave ))o\ver, at their annual nu'diug : 

1. To examine, settle, and allow all accounts cliargable against such County, 
and draw orders on tlie County Treasurer for the same ; but tiie County Commis- 
sioners shall not draw any order ujion tlie County Treasurer until after the 
monthly return of the 'iVeasurer shall have been made to the County Commis- 
sioners, of the amount of funds collected, nor unless he has tin; funds in the 
Tr(>asury to pay the same. And the County Commissioners shall inform the 
County Treasurer of the oi'ders drsiwu, in whose favor, the amount, and the order 
in which they are drawn. And should tlie County Commissioners or any one of 
them, purchat^e, di-rectly or indirectly, any order drawn upon the County Treasur- 
er, for less than its face value, they shall be deemed guilty of misdemeanor in 
ofl&ce, and, upon conviction thereof, shall be punished by line or imprisonment 
in the discretion of the Court, by any Court of competent jurisdiction. 

2. To cause to be levied, collected, and paid to the Treasurer of the County, 
such sum of money as may be necessary to construct bridges therein, and to pre- 
scribe upon what plan, and in what manner, the moneys so to be raised sliall bo 
expended. 

3. To apportion the tax so to be raised among the several towns and wards of 
their County, as shall seem to them to be eejuitable and jiTst. 

5. To cause to be levied, collected, and paid, all such sums of money as they 
shall deem necessary for re-building or repairing the Court-house or jail of their 
County, or for building, or repairing the Clerk's office for the County, and to pre. 
scribe upon what plan, ana in what manner, money so raised shall be expended ; 
and all work given out by the County Commissioners, when the amount exceeds 
the sum of one hundred dollars, shall be done by contract : and the Commissioners 
are hereby required to advertise the same, in at least one of the ])apers of the 
County, and also post the same in three conspicuous places in the County, for thir 
ty days, inviting proposals : said proposals shall, in all cases, be accompanied by 
two or more sufficient sureties , and the County Commissioners shall have the 
right to reject any or all bids, if, in their judgment the interests of the County so 
require. 

5. To cause to be raised by tax upon such Cininty, any sum of money, not to ex- 
ceed the sum of five thousand dollars in any one year, for the i)urj)ose mentioned 
in the first and second sub-divisions of Section 11 of this Chapter. 

Sec. 10. The County Commissioners shall assess all taxes for County purposes 
tipon the then last State valuation ; and for this inirpose shall, on or before the 
first day of January in each year, obtain from the Auditor of the County ( wlio is 
authorized and required to furnish the same ) a certified copy of the County du- 
plicate, and shall, on or before the fifteenth day of January thereafter, pursuant 
to authority given by the General Assembly, make out and deliver to the County 
Treasurer, with their warrant to collect, a tax bill for County purposes. Said tax 
bill and warrant shall be signed by the County Commissioners, or a majority of 
them, sealed with their seal, and certified to by tlu^ir Clerk. Said tax bill and 
warrant shall be tlie Treasurer's sufficient authority, and he shall proceed thereon 

General titi'svers o' 0>mmi<Fiomr8. 14, S.at., 603,— (!. 3C1,— 11, 156. 
10. How Commissiouers oiiall assess l;ixes. 14, St.t., 2T4. 



MANUAL. 139 



Powers and Dnties of C'oiintv Commissioners. 



to collect tlie tnxos thorcin laid in tlio same niannor aw provided I)y law for the 
collection of State taxes. 

Sec. 11. T'no Boards of County Comnus.sioners shall have power, and tliey are 
authorized, at any meeting- thereof lawfully assembled : 

1. To purchase for the use of their res])e<-tive Counties any real estate necessa- 
ry for the erection of huildini^s and for the sui)port of tlie jxior of such County. 

2. To fix upon and deterniiiiL^ the site of any such buildings, and cause to be e- 
rected necessary buildinijs for poor houses, and prescril)e the manner of erecting 
the same. 

3. To borrow money for the use of such County, to be expended for the ])ur 
chase of any real estate, or for the the erection of any such buildings, and to j)ro- 
vide for tiie"])ayment thereof, with interest, by tax ui)on such County, within 
ten years from the date of such loan, in yearly installments or otherwises ■.ProvicUd, 
That no such 'loan slialL|be created by the County Comuussioners until they noti- 
fy the General Assembly of the necessity thereof, and authority be granted to 
them to create said loan. 

4. To authorize tlie sale or leasing of any real estate belonging to such Countv, 
and to prescribe the mode in which any conveyance shall be made. 

5. To make such orders concerning corporate i)roperty of the County as they 
may deem expedient. 

G. To examine, approve or disapprove the official bonds of all County officers. 

7. To require any County officer whose salary is paid by the County to make 
report, under oath, to them, on any subject or matter connected with the duties of 
their offii-es ; and the said officers are required to make such report whenever 
called ujjon by resolution of such Board ; and if any officer shall neglect or refuse 
to make such report, he shall be guilty of a misdemeanor, and punishable by 
line or imprisonment, within the discretion of the Circuit Court. 

8. To appoint Si)ecial Commissioners to lay oiit imblic highways in those cases 
where they shall be satisfied that the road applied for is inii)ortant. 

9. To divide their Counties into highway districts, each district to contain not 
less thaii^ten miles °of fpublic highways, nor more than forty mihss, to be conve- 
nient for repairing highways, and may, from time to time, alter the same. 

10. To ap)>oint for each highway district, a Surveyor of Highways, to superin- 
teud the expenditure of the highway tax, and money appropriated for improve- 
ment of highways in his district, and to take charge of and keep in re])air, at all 
times, the highways in his district. Said Surveyor of Highway shall be removable 
at ]>leasure: • 

Sec. 12. Tiiat the C unity Comm'issionera of each County shall, on or ]>reviou3 
to the first day of January, assess a tax of eighteen cents, if so much be necessa- 
ry, on every hundred dollars of tlie list of the County, for the purpose of keeping 
in repair highways and bridgfss, to be in money or labor, at the option of the tax 
])ayer, and laid out in rc^pairing highways and bridges ; and they shall, annually, 
on?or before the said first day of January, make out a tax bill for each Surveyor 
of Highways, containing the amount of the tax to be laid out by him in lits dis- 
trict, wit' tlieam')unt of each ]>erson's tax annexed to his name, accompanied with 
a warrant, signed bv the Chairman of the Bo-.ird, authorizing such Surveyor to 



1?. Speciric oowers giw-n to Couiii/ CjaiiiiisiioiiHr?- — 14, Siur, 130. COJ, COS. 
13..',.May i.sssjs nnnuil ax fur liijnwns.aoiiihr d .es. lb. 



140 MANUAL. 



Powers and Duties of County Conimissioaers. 



collect such tax ; and tlicy shall deliver tlie several tax bills to the respective 
Surveyors, and take their receipt for the same. 

Sec. 13. The County Commissioners shall have power to ])rovide for the pay. 
meut of the Special Commissioners, appointed under the eighth sub-division uf 
Section 11 of this Chapter, for their time and expenses, at a rate not exeeeding 
three dollars per day ach, and five cents for each mib' of neces.sary travel. The 
decision made by sail Spjcial Commissioners may b3 appealed from, and reviewed 
in the same manner, and with like authority, as is allowed by law Irom the acts of 
the County Commissioners. The roads so to be laid out by such Special Commis. 
sioncrs, or the same as settled on appeal, shall bo rect)rded, opened and worked as 
public liifjhways of the towns, cities or Counties in which they are respectively 
stuated, in tlie same manner as other liifrhways of the town,c;ty or County are re- 
quired by law to bo recorded, opened and worked. 

Sec. 14. Special mcctinfis of the Board of County Commissioners of any County 
may be call' d by the Chairman of the Board on his own motion or the written re- 
quest of other members of the Board. 

Sec. 15. Every resolution of any Board of County Com.missi oners, passed in pur- 
suance of the provisions of this Chapter, shall be sjo-ued by tlie Chairman and 
Clerk of the Board, and be recorded in the book of miscellaneous records of the 
County. 

Sec. 1G. Each Board of County Commissioners shall appoint some proper person 
to be their Clerk, whenever necessary, and may remove him at pleasure, whose 
general duty it shall be : 

1. To record in a book to be provided for the purpose, all proceedings by the 
Board. 

2. To make rejtular entries of all the resolutions or decisions on all questions con- 
cerning tha rasing or payment of moneys. 

?i. To record the vote of each Commissioner on any question submitted to the 
Board, if required by any member present ; and, 

4. To preserve and file all the nccouuts acted upon by tb.e B6ard. 

Said Clerk shall take the oath prescribed by the Constitution. He shall receive 
a reasonable compensation for his services, to be fixed by the Board, not to exceed 
t:;ree dollars per diy for the time acttially and necessarily employed. 

Sec. 17. Copies of all papers duly filed in the otfice of the Clerk of the Board 
of County Cinnmmissioners of any County, and transcripts fnnn the books of re- 
cord kept therein, certified by such Clerk, with the seal of ollice aflfixed, shall be 
evidence in all Courts and places in like manner as if the original were pro- 
duced. 

Sec. 18. The Board of County Commissioner.? of any County may adopt a seal, 
and, when so adopted, the Clerks of such Board shall cause a description thereof, 
together with an impression therefrom, to bo filed in the office of the Clerk of the 
Court of Common Pleas and General Sessions of said County, and in the office of 
the Secretary of State ; and the same shall thereupon be the seal of the Beard of 
Countv Commissioners for such Countv. 



13. I'a of Special C oiii:iii.sionfti«— lJeci.<ii)iis revii-wed. lb. 1.31. 

14. .'iDecMl .Mnetin^'ii ot B urJ. lb. 

1."). Doilies ol Boards to be recorded, li. 

16. Eic:! BoiT'l lo have Clerk — !iis diitip?, o;ilti, s;vl;uv. I). 

ir. Copies ol iinperti in odice may be isMietl in e.uU'nci". lb. 132. 

15. Bj ra niai aciopi u ?ual. 1). 



MANUAL. 141 



Powers and Duties of County Conmiissioneis 



Sec. 19. No accoiiut shall bo audited by any Board of C>)unty Commissioners for 
any services or disbursements, unless such account sliall be made out in iteins and 
ac.'ompanied wltli an affidavit attnclu'd to, and to be filed with, t-uch account, made 
by the person presenting or claiming the same, that the items of such account are 
correct, and that the disbursemc^nts and services charged therein have been in fact 
made or rendered, and stating that no part thereof has been paid or satisfied: Pro- 
vided, Nothing in this Section shall be construed to prevent any Board from disal 
lowing any account, in whole or in part, when so rendered and verified, nor from 
requiring any other or further evidence of the truth and propriety tliereof, as such 
Board may think i»roper. No allowance or payment beyond legal claims shall ev- 
er be allowed. 

Sec. 20. Accounts presented in any year to the Board of Cou);ty Commissioners 
of any County shall be numbered from number one upwards, in the order in which 
they are presented : and a memorandum of the time of presenting the same, of the 
names of the persons in whose favor they shall bo made out, and by whom they 
shall be presented, shall be entered in the minutes of the Board to which they shall 
be presented : and no such account, after being so jireseuted, shall be withdrawn 
from the custody of the Board, or its Clerk, for any purpose whatever, except to 
be used as evidence upon a judicial trial or proceedings, and in such case it shall, 
after being so used, be forthwith returned to such custody. 

Sec. 21. All fees and accounts of Trial Justices, and other officers, for criminal 
proceedings, including cases of vagrancy, when not recovered from the defendant 
or other party complaining, shall be paid by the County wherein the offense shall 
have been committed ; and all accounts rendered for sucli uroceedings shall state 
when such offence was committed. And the fines imposed and collected in such 
cases shall be credited and ])aid to the County Treasurer by the Trial Justice, or 
other officer imposing and collecting the same. And whenever criminal warrant 
or process shall be issued by any Trial Justice, or other officer, residing out of the 
County wherein the offence shall have been committed, it shall authorize the of- 
ficer executing the s&me to carry the person charged with the offence before any 
Trial Justice, resident and being in the County wherein such offence shall have 
been committed, to be proceeded against according to law ; and sach officers shall 
not be allowed any compensation for any further proceedings in any such case be- 
yond issuing such warrant or process. 

Sec. 22. No traveling fees shall be allowed f(;r subpceuaing a witness beyond 
the limits of the County in which the subpoena was issued, or of an adjoining 
County, unless the Board auditing the account shall be satisfied by proof that 
such witness could not be subpoenaed without additional travel ; nor shall any 
travel fees for subpoenaing witnesses be allowed, except such as the Board audit- 
ing the account shall be satisfied were indispensably necessary. 

Sec. 23. The annual nieeting of the Board of County Commissioners for each 
County .shall be on the first Tuesday of Sejjtember, and the Clerk of the Board 
shall give notice of the time of holding said annual meeting by inserting the same, 
at least once in each week for four weeks i)revious to such meeting, in any news- 
l)aper or newspapers published in the County ; and if there be no pa])er published 

19. In reliiti'in to manner i>f au Utiiisr iicctuu's. lb. 

20. A'couiits to be numoered in orilcr of creseiilation. iD. 133. 

21. County to pay certain fees. ID. 132. 

22. Witness' foes— oavmenc resulated. lb. 12!). 

%i. No'i'.e or Annual Meetr.igs tn le i;ublisnea, aud accounts to be prcsontei llnTeat.lj. 602. 



142 MANUAL. 



Powers and Duties of Countv Commissioners. 



in the Countv, then iio Khali jiost said notice ujjou or neiir the door of the Court 
house of the County'; siiid notice shall require all persons havin": bills against tho 
Countv to deposit the same with said Clerk, on or before the first (hxy of Septem- 
ber, and in default thereof that such bills will not be audited at said annual meet- 
ing. 

Sec. 24. The books, r(>cords and accounts of the Boards f)f County Commission- 
ers shall be deposited with their Clerk, and shall be open, without reward, to the 
examination of ail per.son.« 

Sec. 2o. The tiscal year shall commence on the first day of September in each 
vear; and it shall be the duty of all persons having any claim or demand against 
a County to have the same made out in items, with date prefixed, and verified in 
the manner and form re(iuired by law, and to deposit the same in (he office of the 
Clerk of tlie Board of County Commissioners for the County, on or before the first 
day of September in each and every year; and the Board of County Commission 
ers in any County may, in their discretion, refuse to audit or allow any chum or 
demand, unless made out, verified and deposited in the manner herein specified. 

Sec. 2G. It shall be the duty of the Clerk to designate every account upon which 
any sum shall be audited and allowed by the Board, and the amount so audited 
and allowed, and the charges for which the same was allowed ; and he shall also 
deliver to any person who may demanrl it, a certified copy of any account on file in 
his office, on receiving from such person ten cents for every folio of one hundred 
words contained in such copy. 

Sec. 27. It shall be the duty of the Clerks of the Boards of County Commission- 
ers, on or before the second Tnesday in September in each year, to make out a 
Statement, showing : 

1. The number of days the Board shall have been in session within such year, 
and the distance travelled by the members, respectively, in attending the meet- 
ings of the Board. 

2. Whether any accounts were audited or allowed without being verified accord- 
ing to law, and, if aiij', how much, and for what ; and such statement shall be cer- 
tified by such Cl_'ik, and be printed in a newspaper published or circulated in the 
County, within two weeks after said statement shall be so made out ; and i' shall 
be the special duty of such Clerk to see that the same is so published ; and for ev- 
ery intentional neglect so to do, such Clerk shall be deemed guilty of a misde- 
meanor, and punishable by fine or imprisonment, within the discretion of the 
Court. 

Sec. 28. It shall be the duty of the Boara of County Commissioners of each 
County, annually, to publish in one or more newspapers printed or circulated in 
such County, the name of every individual who shall have had any account aud- 
ited and allowed by said Board, and the amount of said claim, as allowed, togeth- 
er with the amount claimed. 

Sec. 29. Each County shall pay : 

1. Tlie fees of grand and petit jurors, while in attendance upon the Circuit 
Court. 



24. Books 10 be oven Tor inspeciiO'". Id. 129. 

26. Conimeucpment of fiscal year. G(J2. 
20. Cierk to debieiia'.e accounis. lb. ]3.3. 

27. Cierks to in.ike Annual Statement wliicli shall be puijlished. lb. GGC. 
3J. Every aiiJito account tj :;oyu lislud. Ij. 133. 



MANUAL. 143 



Powers and Duties of Countv Commissioners. 



3. Witness fees in State cases, for actual attendance on tlie Circuit Court, and 
for actual attendance on a Trial Justice's Court. 

3. Fees of physicians and surgeons testifying as ex])erts before a Coroners jury, 
or at the Circuit Court, aftera^j<>«^ mortem examination, ten dollars, and five cents 
per mile for actual and necessary travel. 

4. For dieting and keeping persons confined in the County jail. 

5. Fees of Circuit Solicitors for services in the County, when not collected from 
the defendant, at the following rates : In a trial before a jury in civil and crimin- 
al cases, or before referees, a docket fee of ten dollars ; in cases at law, where judg 
ment is rendered without a jury, seven dollars and fifty cents ; said fees to be in 
lieu of all other ccmipensation whatever. 

6. Fees of the Clerks of the Circuit Courts in State cases, at the rates allowed 
by law. 

7. Fees of the County Coroner, at the rates allowed by law. 

Before the accounts of Sheriffs, Circuit Solicitors or Clerks shall be ])resented to 
the County Treasurer for payment, they shall be sworn to by sa.d officers, exam- 
ined and certitied To by the Judge presiding in the Circuit Court in the County, 
ai)proved and ordered to l)e i)aid by the County Comnussioners. 

Sec. 30. No account of the Circuit Solicitor, Clerk of the Circuit Court of Gener- 
al Sessions, the County Sheriff, or Trial Justices, for fees, in any criminal cause 
heard or prosecuted in the Circuit Court, or before a Trial Justice, shall be paid, 
unless they severally shall declare, on oath, that costs in tlie said cause have not 
been recovered of the defendant, and that he, the defendant, was unable to pay the 
same ; and, further, that all fines and penalties heretofore collected by them have 
been faithfully and fully paid over to the County Treasurer of the County. 

Skc. 31. Each member of the Board of County Commissioners, shall be allowed 
compensation for his services in attending the'meetings of the Board, and for 
necessary time spent in dischargingother duties imposed bylaw, if any, at the rate 
of three dollars per day, and five cents per mile for necessary travel : Provided, 
That compensation shall not be allowed to any member of the Board of County 
Commissioners for exceeding one hundred days in anyone year, except to the mem- 
bers of the Board of County Commissioners for the County of Charleston, who shall 
not be aHowed compensation for exceeding onehmndred and fifty days in anyone 
year. An account shall be made out in Items, with dates ])refixed, accompanied 
with an affidavit of the member, stating that the items of such accounts are correct 
and j u.st, and that the services therein mentioned have been rendered as stated, and 
no i)art of said account has been paid. The accounts shall be.preseuted to the Coun- 
ty Treasurer, who shall audit and, if correct, i>ay the same, out of funds accruing 
from taxes laid and collected for County purposes. 

Sec. 32. No member of the Board of County Commissioners shall vofe for an 
extra allowance to any i)ers(m who is paid by salary, nor shall the Treasurer of 
said County knowingly pay to any such person any extra allowance. Everv 
offence against the provisions of this Section shall be a misdemeanor, punishable 
by a fine not less than the amount of such extra allowance, or by imprisonment in 
the County jail, for a period not exceeding six months, or by both such fine and 
imprisonment. 



29. NV luit County siuiil pay, — Cont:iiKent;icci)inus to Oe sworn to, and certifl'J by Juilse- 14, 
B at. 274.— 11. Stat.. 47,— 12 titat. 903. 

30. special oaths required in certain ciises I e'ore ucctunts shal'. be paiil. 14, St-.it., G.'C. 

31. Comuensation ofCoaiiiy Commissioners. 

32. Penally lur voting ex'.ra ■.■.li'jwauc- tj any officer. I';. 134. 



144 MANUAL. 



Powers and Duties of County Commissioners. 



Skc. »•). If any County Comniissioncr sliall rcfuf»o or no^lcct to ])crf()rm any f)f 
the duties recjuirt'd of liim by law us a membor of the Board of County Connuis' 
sioners, he shall, for every such offence, forfeit the sura of two hundred sincl fifty 
dollars, and be removed from office. 

Sec. 34. County Commissioners shall, annually, on or before the second Tues- 
day of September, jjrepare and nuike up the estimate for all County charges and 
debts for the fiscal year then ensuing, and of the rate of taxation necessary to 
raise money to meet the same : the (>stima(es so made up and ajjproved by them 
shall be recorded by their Clerk, in a book ke])t for that pur])ose, and a fair cojiy 
thereof, witii a statement of the amount of borrt)wed money due from the Coun. 
ty, and of the amount of taxes due and unpaid at the time of making said esti 
mates, signed by the presiding Commissioner, and attested by tlieir Clerk, shall, 
with the Treasurer's accounts, be sealed uj) and transmitted by tlie Clerk to the 
office of the Comptroller General of the State, to be laid before the General As- 
sembly for approval. 

Sec. 35. Members of the Board of County Commissioners shall hold their office 
for the term of two years, and until their successors are elected and qualified : 
Provided, If any person elected a member of said Board shall remove from the 
County without intetion to r(^turn, be, or become disqualified, be removed from 
office, resign or die, the said office, upon proper evidence thereof, shall be declared 
vacant by the Governor of the State who t-hall thercui'on, by • proclamt.tion, if 
the vacancy to be filled be for more than one year, call an election in said County 
to fill the unexpired term of said office, giving at least twentj' days' notice thereof 
in the public prints cir<'ulating in the County. 

Sec. 3G. It shall be the duty of the Count.y Commissioners to furnish the County 
Auditor and Treasurer of their respecti/e Counties, office rooms, togethier with nec- 
essary funuture, stationery, &c., ^r the same. 

Sec. 37. That the County Commissoners of the several Counties in the State are 
authorized, whenever, in their judgment, it is necessary, to appoint one or more 
l)hysiciaus, whose duty it shall be to furnish aid to the indigent sick in their re- 
spective Counties ; and, whenever accounts are rendered for the performance of 
isuch duty, the County Commissioners are to examine said accounts, and, if found 
correct, audit the same, and give a warrant on the County Treasurer ftn* their pay- 
ment. 

Sec. 38. The County Commissioners of the respective Counties of this State are 
authorized and required to provide suitable hosi:)ital accommodations in connection 
with the Poor House, at or near the County seats of their respective Counties, 
where the indigent sick poor may receive niedical and surgical aid, free of charge, 
and to appoint physicians thereto, except the County of Charleston, where the 
County Commissioners are authorized and required to cause to be built, at or near 
Cordesville, Parish of St. John's Berkeley, a hospital for the indigent sick poor, 
and to ai)point a physician thereto, to be paid as herein provided: Provided, That 
the coft of the said building shall not exceed two thousand (2,000) dollars: Protid- 
rd, further, Tliat no physicians so appointed to any of the ho^sjjitals, shall charge 
for his services more than one-half the usiuxl fees. 

83. Peiidliv for relusnl to pertorm diuv. It). 31. 

34. Annual estimate lo be sent to the Comptroller. lb. 134. 
3.5. Term ol office — vancancies liow tilled. lb. 134, 374. 

36. Cf'ninf.iasioners to iirwide rooms for Countv Auditor and Treasurer, lb., 275. 

37. To DroviJo mediciil aid for &ick uoor. lO.. 421. 

35. To pri'vidc bospit 1 accouiDioaiitiou when needed. — p'lysieians fees. lb. 



MANUAL. 145 



Powers and Duties of Coiintv Commissioners. 



Sec. 39. That if, at any time, the Court IIons,c of any County in tliis State shall 
!)(,' in course of reconstruction or re]iair, or from any other cause shall not bo in 
nniditiou to be occ«i)ied, it shall be the duty of the County Cojnniissioners for 
such County to furnish suitable rooms for the accommodation of the Courts and 
public officers. 

Sec. 40. The County Commissioners of eaidi County shall, on or before the fif- 
t«H-nth day of December in each year, report to the General Assembly all ac- 
counts chargable to their respective Counties, that have been allowed and set- 
tled ; tlie number and amount of orders drawn upon the County Treasurer ; the 
taxes levied and collected ; the amount expended for rebuilding or repairing the 
Court house, jail, poor liouse and bridges ; in fact, a di tai'eJ account of all their 
doings. And upon failure so to report, they shall be; fiavd in a sum not less than 
fifty, nor more than two hundred dollars. 

Sec. 4 1. That in all cases where the County Commissioners refuse to approve 
the bonds of any County ofBcers, the said officers may refer tlie same to the Attor- 
ney General, and, if approved by him, they shall be accei^ted by the County Com- 
missioners. 

Sec. 42. It shall be the duty of the County Commissioners of each County in 
tliis State, in pursuance of the authority conferred upon them by law, to provide, 
as soon as practicable, in their County, such buildings as may be needed for the 
accommodation of the poor of such County ; said buildings shall have connected 
■with them sufficient tillable land to give employment to such persons, able to 
work, as may come upon the County for support ; and said buildings and land shall 
be known as the Poor House and Farm of said County. 

Sec. 43. The County Commissioners shall, until otherwise provided by law, be 
Overseers of the County Poor House and Farm, and shall have power and author- 
ity to make all necessary rules and regulations for the government of the same, 
and to appoint a Superintendent, with such assistants as may be needed. They shall 
also have power, and it shall be their duty, to provide such employment as will 
be best suited to the inmates of the Poor House ; and to see that every such poor 
person, able to work, is employed at some kind of labor ; and to dis^jose of all art- 
icles manufactured, and produce raised on said Farm, in such manner as may be 
most profitable : Prodded, That the proceeds accruing from sales of produce, from 
rents or other sources, sliall be faithfully appropriated to the support of the poor 
in said County : And provided, further. That no uuusual or cruel punishment 
shall ever be allowed in any Poor House in this State. 

Sec. 44. Legal settlements may be acquired in any County, so as to oblige such 
County to relieve and support the persons acquiring the same, in case they are 
poor and stand in need of relief, in the manner following, namely : 

1st. A married woman shall follow and have the settlement of her husband, if 
he has any within the State ; otherwise, her own at the time of marriage, if she 
then had any, shall not be lost or suspended by the marriage. 



80. To provide rooms for Couif<> ani ofBcers in certain cases. 12, Stat., 908. 

40. To report aiinuiiUy ti) Gdir-i'al As^emblv, — penalty for neclect. 14, Stat.. 607. 

41. Boiiils of officers may be re.'erre 1 to Attorney-General, if County Commissioners fail to ao- 
prove. 14, Sta'., 70. 

42. County Commissioners to orovicJo poor Iitu^es and Farms lb. 369. 

43. To be Oveseers of poor, with power lo appoint Suoerint^n icit. &z lb. 

44. Hot legal settleinctit acquireu in a Cjumy, la., 870. 



146 MANUAL,. 



Powers mid Duties ot County C'bninnssioners, 



2d. lii'gitimatc diilclren slt.iill ('(illow iuul liuve the settlement of their iather, if 
be has any within the State, until tlr.'y nain a setth'nient of their own ; but if h»? 
has none, they shall, in like nuumer,. follow and have tlu; settlement of thtjir 
mother^ if she lias any. 

;}d, Illeg-itiirkiXte ehildren shall f(rli(nv and lutve the seftlemenG of their mothop 
at the time of tlieir Ivii-th, if she then has any within the State :,but^ neither legiti- 
niiite. nor illegitiniate children sluill gam a settlement by birthi in the County 
where tliey may be lK)rn, if neither of their parents then has a settlement there- 
in, 

4th, Any ])erson of the ac;c of twenty-one years beinj^: a- ciCizen of this or any 
other of the United States^ P^ho has lived for tlu-ee successive years in aiy Coun- 
ty, and wlio hiis diu'ing that time maintained himself and family, shall be held to 
have acquired a legal settlcmeat therein. 

Sec, 45, It slxall be tlie duty of the Comity Commissioners of each Coiuity in 
this State to appoint, annually, one or more persons, wlu> shall be knoAvn as the 
Overseers of the Poor in the County. It shall be the duty of said Overseers to 
look after and cai"e for the indigent, old and infirm, and all other destitute persons 
within the limits of the County, and said Overseers shall have authority to send 
any jxior person who may become a charge upon tlie County, to the County Poor 
House, subjeet to such conditions as may be established by the C-ounty Commis- 
sioners. 

Sec. 40, If the Overseers of the Poor of any County shaMI refuse or neglect to 
pro\'ide for any siich person who shall ask for relief, hx who shall be reported to 
them as needing and entitled to receive relief, it shall be the duty of the County 
Commissioners of said Cbvmty, and they vshall have the power, after investigation, 
either njKm the complaint of tl'ije person asking relief, or ui)on the complaint of 
any resident of said County, to commit such i>oor ixTson to the County Poor 
House. 

Sec. 47. The Overseers of the Poor, in their respective cities or Counties, shall 
])rovide for the immediKite comfort and relief of all persons resid ng or found 
therein, having lawful settlements in other places, when they fall into distress 
and stand in need of immediate relief, and until they are removed to the city or 
County of their lawful settlement ; th-e exj>enses whereof, incurred within three 
montlis next before notice is given to the place to be charged,, as also of their re- 
nioval, or burial, in case of their death, niay be recovered by tlie city or Cbunty in- 
curring the same, in an action at law, against th<S"city or County liable therefor, to 
be instituted within two years after the cause of acti< ti arises, but not otherwise. 

Sec. 48. The Overseers of the Poor of any city or County may send a written 
notification, stating the facts relating to any Y>erson SiCtually become chargeable 
thereto, to one or more of the Oversee*®' of the city or County wh'e^re his settle- 
ment is supposed to be, and requesting them to remove him, which they shall do 
by a written order directed to any person therein designated, who may exe- 
cute the same. . 

Sec. 49. If such removal is not effected by the last mentioned Overseers with- 
in one month after receiving ths notice, they shall, within the said one month, 
send to one or more of the Overseers, requesting such removal, a written answer, 

45. Commissioners to appoint Overseers of poor, Annually. Duties of Overseers, lb\ 

46. Proceeciines if Overseeis ol Poor neglect dutv. lb. 

47. Oversieers to provide for Poor or oHior Counties ; expenses, How recovered, lb. 

48. To notlly Orerseers of proper County iinii request removal, lo,, S71. 



MANUAL. 147 



Powers and Duties of County Commissioners. 



liisi'ncd by one or more of them, statinjj therein their objections to the removal ; 
and if they fail to do po, the Overseers who requested the removal, may cause the 
pauper to be removed to the city or County of his supiiosed settlement, by a 
Avritten order, directed to any person therein designated, who may execute the 
pame ; and the Overseers of the city or County to which the ]):uii)er is so sent, 
Bhall receive and jtrovide for him ; and such city or County shall be liable for the 
expenses of his sup])ort or removal, to he recovered in an action by the city or 
County incurring the same, and shall be barred from conte->ting the same question 
of settlement with the plaintiff in sucli action. 

Sec. 50. The uotificaiion and answer mentioned in the two preceeding Sections 
may be sent by mail ; and such notification or answer, directt-d to the Overseer of 
the Poor of the city or County intended to be so notified or answered, postage pre- 
paid, shall be deemed a sufficient notice or answer, and shall be considered as de- 
livered to the Overseer to whom it was directed at the time when it is received at 
the post otiice of the city or County to which it is directed, and in which the Over- 
seer resides : Prodded, That .said letter of notification be registered. 

Sec. 51. Whoever brings into and leaves any poor and indigent person in any 
city or County in this State, wherein such pauper is not lawfully settled, knowing 
him to be poor and indigent, and with the intent to charge such city or County with 
his relief or sup])ort, shall forfeit a sum not exceeding one hundred dollars for 
such offence, to be recovered in any proper action; to the use of such city or Coun- 
ty. 

Skc. 52. The County Commissioners shall have the power, if the convenience or 
necessitit;s of their C<iunty denuuid it, to establish additional Poor Farms in said 
County : Providt^d, That when such additional Poor Farms are established, they 
shall be located in portions of said County where they will be most convenient to 
the people at large. 

Sec. 53. The city authorities of Charleston aiid Columbia shall be allowed, and 
it shall be their duty, to ])rovide for the care of the poor within the limits of their 
respective cities, and the County Commissioners of Charleston and Richland Coun- 
ties shall, when they levy a general poor tax for their Counties, except from the 
payment of the same the said cities of Charleston and Columbia : Provided, That 
the aforesaid authorities of the cities ol Charleston and Columbia shall have made 
ade<iuate provision for the support of their poor, 

Tlie Overseers of tlie Poor of each city and County in this State shall, on or be- 
fore the fifteenth day of October of each year, make and return to the Secretary 
of State a statemtMit of the paupers in each city or County as they were during the 
year ending the thirtieth day of September preceeding, winch return shall contain 
true and correct answers to the following inquiries : What number of per.sons 
have been relieved or sui>ported by your County (or city) during the year ending 
September 30 t Of those, how many have a legal settlem'uit in your County or 
city ? How many are foreign born ? How many colored? How many white ? Have 
you a Poor House ? What number of acres of land is attached to your Poor House t 
What is the present estimated value of your Poor House establishment ? Real es- 
tate ? Personal ? What number of persons have been supported in your Poor House 

49. ProceeJinff* if request tor removiil be not comulied will), lb. 

50 Notice m:»y be spi.t by m.iil : Provi.so. lb. 

61. Penalty for bringing in vaiiper II'. 

63 C'lmmissioners mny estsblisti ;iddition<tl poor liouscs; I'r^/Viso. lb. 

63. Charleston and Coinmbia m.i.y uroTide for tiieir poor. 



148. MANUAL. 



\r 



Powers and Duties of C'oiiiitv Coiiniii.ssioners. 



cliirinGr tlio whole or any part of tlie year? \\n»at is the avt'ra^f uunilMT snpportod 
in the Poor House V Wluit is the average weekly cost of supporting each paui)er 
in the Poor House? What number of persons have been inmates of your Poor 
House wlm are unable to perform any kind or amount of labor? What is the esti- 
mated value of all the labor performed by the poor in your Poor House? Whatwap 
the kind and (puintity of crops raised on the Poor Farms? The value of that sold ? 
The estimated value of that retained for use on the Farm ? How many persons, in- 
cluding their families, have you supported out of the Poor House during the 
whole or a portion of the year? What is the average weekly cost of supporting 
each pauper out of the Poor House ? How many have you aided out side Poor House 
How many have you relieved who were iusane ? How many who were idiots ? What 
luimber of your p(X)r, supported at the public charge, have been made dependent 
by intemperance in tliemselves ? What number by intemperance in those who ought 
to have been their supporters ? What is the total net cost of supportiiig or reliev- 
ing the poor in your County or city during the year, including interest on your 
Poor House establishment ? How many are supported in your Poor House at the 
])resent time ? How many are supported out of the Poor House at the present time? 
How many are assisted out of the Poor House at the present time ? They shall, at 
the same time, make correct returns of children in such County or city, under four- 
teen years of age, who are supported at the public charge, specifying therein the 
name, age, sex and color of each. And the Secretary of State shall furnish County 
Commissioners of every County, and the Overseers of the Poor of each city in the 
State, with blank forms of returns, which shall coutain,iu substance,the foregoing 
Interrogatories. 

The Secretary of State shall, on or before the fourth Tuesday in November of 
each year, make out an abstract of the returns made to him, together with such 
(ixplanatory remarks as he deems proper, and, through the Uoveruor of the State, 
transmit the same to the Legislature. 

SEiC. 54. That the County Commissioners of the several Counties in the State are 
authorized, whenever, in their judgment, it is necessary, to appoint one or more 
physicians, whose duty it sliall be to furnish medical aid to the indigent sick in 
their respective Counties ; and whenever accounts are rendered for the performance 
of such duty, the County Commissioners are hereby instructed to examine said ac- 
counts, and, if foiind correct, to audit the same, and give a warrant on the County 
Treasurer for their payment. 

Sec. 00. That the County Commissioners of the respective Counties of this State 
are authorized and reipiired to provide suitable hospital accommodations in con- 
nection with the Poor . ouse at or near the County seats of their respective Coun- 
ties, where the indigent sick poor may receive medical and siigical aid, free of charge, 
and to appoint physicians theieto, except the County of Charleston, where the 
0)uuty Commissioners are hereby authorized and required to cause to be built at 
or near Cordesville, Parish of St. John's Berkeley, a hosintal for the indigent sick 
])oor, and to appoint a physician thereto, to be paid as herein provided ; Provided 
The cost of the said building shall not exceed two thousand (2,000) dollars ; Pro- 
tided, furtJier, That no physician, so a])pointed to any of the hospitals, shall clxargo 
for his services more than one-half the usual fees. 

Sec. 56. That in case any person shall be so poor as to become chargeable to 

53. Oveiseers of poor to iiiake anrjual re urn to Sec.etary of State. N-.itiire of return. lb. 

54. Commissioners to aDooint, and anJu iicnounts ol puvsicians for poor, 14, Scat. 421 
5? Cjujmissioiiero to vrovide no-pital ace nn uj I ili mis excs'pl n Cuariesio.i City, &i., Ix 



MANUAL. 149 



Powers and Duties of County. Commissioners. 



the County or city wlierciu he has a legal settlement, whicli person has a fatlier, 
or grandfather, or mother, or a grandmother, or a child, or a grandchild, of suffi- 
cient ability to relieve such j»oor person, it shall be lawful for the County Coramis. 
sioners, ujkju complaint mad« by any citizen of the County or city, to order some 
one or more, or all of such relations, to allow the poor person so much, by the week, 
as they shall think fitting, and in case of refusal to pay tlie same, it shall be lawful 
for any Trial J u.stice of the County, by his warrant under his hand and seal, direct- 
ed to any of the Constables, to levy the same by distress and sale of the goods of 
such person or i)frsons refusing to pay ; and the severalConstables.or any of them, 
are re<j[uire4 and commanded to execute all such warrants. 

Sec. 57. That the County Commi.ssionei-s shaH have ])ower to demand and re- 
ceive all such gifts and legacies, and all such fines and forfeitures, and any othcir 
moneys or thii;gs whatsoever, as are given for the use of the poor, and, in case of 
ivfnsal to deliver or pay the same, to commence and prosecute any lawful suit or 
action for the recovery thereof. 

. Sec. 58. That in case any poor children shall be chargeable to any County, it 
shall and may be lawful for the Commissioners ot such County to bind any such 
child or children out tj) be an apprentice, until every male child shall airive to the 
age of twenty one years, and every female until she shall arrive unto the age of 
elgiiteen years, or be i/iarried. 

Sec. 59. That the County Cimimissioners shall have power to bind out to service 
illegitimate children in all ^-ases where such children are likely to become charge 
able to the County, or are liable to be demoralized by the vicious conduct and evil 
example of their mothers, or other persons having the charge of them ; and it shall 
lie the duty of the County Commissioners in each and every County of this State, 
upon information made to them that any illegitimate child, above the age of five 
years, is likely to become chargeable to the County, or from the vicious conduct 
and evil examjile of the mother of the said child, or other persons having it in 
charge, is likely to become demoralized and brought up in vice and idleness, to 
cause such child to be bound to service, in charge of some person of good charac- 
ter : a female child, nntil she attains the age of eighteen years or marries, and a 
male child, until he attains the age of twenty-cme years. 

Sec. 60. That upon information, as i>roTided in Si>ction o.O, it hhall be lawful for 
any one of the County Commissioners to issue his warrant, directed to any Sherilf 
or Constable, commanding him to bring any such chihl befora the Board at the 
first meeting thereaft*-i ; and the said ofl^cers are hereby required to execute such 
warrant, and shall receive tlierefor the samecom])ensati(ma!? for other arrests, to be 
]rtiid by the C )unty. 

Skc. 61. That the moneys remaining due, on any rocognizance given for the 
maintainance of any illegitimate child, atthe time such child shall be bound to ser- 
vice, shall be paid into the hands of the County Commissioners, for the benefit of 
such illegitimate child. 

Skc. 62. That the County Commissioners shall be antlnu'ized to sen<lall pauj^er 
lunatics, idiots, and epileptics, in their several Counties, to the Luiuitic AsJvlum. 



56. CHit'ide poor may oe assisted by an allowance. 2, Stic. 5'J5, 

57. Conniissionfrs en'oowered to recpive ciits, ileir.icips, fines rnd for'eftnres, 5. Stut. 175. 

58. Coimiis>iiniers in.iy bind oat poor ciiildreu.2, St.it.. '}'.>'.)—'), l"(i.; 

59. M:iy Uiidoot ii.ecii,im-U<; pauper ciii'dreu 2, hlat., I'jS: — 0, 410, ioi. 

60. Mu.v atrest iliesuitnate pauper cliildren, by warrant. lo. 

(11. Moneys .lue on retounizaixe iu lastardy to be coiKcied b\ Conini!s.?ioners. 15., 411. 
62. CoinniiSbJOLfrs .kij send p upei- 1-.i.i I'.i:-* to \?.. liiu. Tb'. 32.3, '3Si. 



150 MANUAL, 



Powers and Duties of County ComniissionPis, 



Sec. 63. Tho Boards of County Comiui.sriioiiiMs have powt-r, and they are liure- 
byjauthorized, to appoint Special Commissioners to lay out public liiglnvayH in 
those cases where they are sati.sfied that the road applied for is important : Pro- 
rided, homercr. That the said Commissioners shall have no ])ower to open any new 
road until they shall have given three months' previous notii-(% by advertisement, 
in the settlement through which the intended road is to be opened. 

Sec. 64. The decisions made by Special Commissioners may be appealed from, 
and reviewed in the same manner, and with like authority, as is allowed by law 
fnmi the acts of the County Commissioners. The roads so to be laid out by such 
Special Commissioners, or the same as settled on appeal, shall be recorded, o])en- 
ed and worked as public highways of the towns, cities or County in which they 
are respectively situated, in the same manner as other highways of the town, city 
or Countv are required In' law to be recorded, opened and worked. 

Sec. 65. The County Commissioners of the several Counties shall divide their 
Counties into highway districts, each district to contain not less than ten miles of 
public highways, nor more than forty miles, to be convenient for repairing- high- 
wavs, and may, from time to time, alter the same ; and they .shall appoint for 
each highway district a Surveyor of Highways, to superintend the expenditure of 
the highway tax and money appropriated for improvement of highways in his 
district, and to tak«; charge of, and keep in repair, at all times, the highways in 
Ilia district. 

Sec. 66. That it shall be the duty of the County Commissioners in their respect- 
ive Counties to cause all roads heretofore laid out or hereafter to be laid out, lead- 
ing directly from any part of this State to Charleston. Georgetown, Columbia, 
Camden, Hamburg or Cheraw, to be made and cleared thirty feet wide, and all 
other roads shall terlearetl twenty feet wide. 

Sec. 67. That any Surveyor of Highwaj-s neglecting to cause said roads to be 
posted and numbered, and to have pointers erected as aforesaid, shall be liable to 
pay tlie sum of ten dollars for each and every such iit^jlect, to be recovered by 
indictment in the Court of General Sessions of the County wherein the same oc, 
curs, to be paid, when collected, to the Board of County Commissioners of such 
County : Prorided, That no Surveyor shall be liable to said penalty who puts up 
said pointers at such times as lie works his road divis-ion. 

Sec. 68. That tlip Board of County Commissi(mers in each and every County 
shall have |io\ver to discoutiuue any road now established or hereafterto be estab- 
lished bylaw, after throe inonth.s' public notice has Ijeen given, by advertisement, 
in the settlement through whicln the road ])rop(;.sed to be discontinued passes : 
Procirfrti, That no objection shall be made thereto. But, in ca.se any objection 
should be made to the closing up or discontinuing of the paid roatL.tlii^u the same 
ehall be kept oj>en and repaired until discontinued according to law. 

es^ CowaiissToners to ay^utat Spc'Ciiil C'ouimjssioiiei-is to lay oac hichways. 14, StaL, 130., Con. 
Art. 4, 13. 
W. Ot Oi^openiKs o'Koaiis, Ac. 14, 8tat.. ^.Zl. 
6». ComtiiBsiciaers to appwul lugiiway fcnrr-'yors:— Tlieir duties, ifcc. 9, Stat., 559,-14. 

la. 

IK. Widsh. of roatls tn cenaia warts otttie state. S, tit.it., 563. 

67. Peo«I(.y lor ne.;lec-vQ! cjixajn i?aties ^v Surveyors. 11. ritat^ 239—14. C66. 

68- CfitBJaisiioasTi miy aiscoatioue rojds. 9, S(a'., 587. 



MANUAL. 151 



Powers and Duties of C'oiiHty Coiniuipsioiiers. 



Sec. 09. It shall he lawful for the County romniJssiouers in the Counties com- 
^irising Jaraes" Island, John's Ishiuu, Wadmalaw, Edisto, St. Helena, I.,adys Is- 
land and Hiltou Head, to authorize and permit such persons as they, in their dis- 
cretion, may think proper, to put up gates on the public roads that may pass 
•tlii-ougk their grounds ; such permission in every case to expiix?, unless renewed, 
at the eud of two years : Pronded, That no new gate be allowed unle.ss, in the 
judgment of the C<»nimissiouei's, the same )x; necessary. 

Sbc. 70- If any jterson shall willfully cut or destroy any gate which may be 
put up by the authority of the Commissioners in pursuance of the last Section, 

wliiLst the same is kept in g<;xid order, such person shall be fined in the sum of 
twenty dollars, to be recovered by warrant of distress under the hands of any 
ttwo of the Comuii-ssiouers for the County. And if any ]nersiiu shall willfully 

leav<f oj)eu any gate as foresiud, such i)ers«)n ?hall hn liable to be fined in the sum 
of twenty dolJara, to be recovered as afur(?,said. 

Sec. 71. That in the event the corporators of any incoriwrated town or village 
in this Stat* shall rr>f use or neglect to -organize and a])])oint the officers required 
by their Act of incorporation, or Xffuse or neglect to carry out, in good faith, tlie 
obligations inipose^d by their Act of incorporation, in regard to roads or streets, the 
County Commissioners, in whose County such town or village, or other incorpo- 
rated body, shall be hiC'ate*!, shall be authorized and recjuired to take charge of 
all such roads and streets, together Avith all such road hands as may reside 
within the limj.t«of such incorporation, and retjiuire the same performances r)f all 
residents within such limits, as thev are authorized to do within their Counties 
generally. 

Sec. 72. Tlie County Coniauissumers of the several Counties sliall divide 
Counties into highway districts, each district to contain not less than ten miles of 
pui»lic highways, nor more than forty miles, to be convenient for re])airing high- 
ways, and may, from time to time, alter the same ; and they shall appoint for 
each highway district a Surveyor of Highways to superintend the exjK'nditure of 
the hi.ghwxy^ tax and money a])i)n>]i3'iated tor improvement of highways in his 
district, and to take charge of, and keejj in rejiair, at ail times, the highways in 
his district. Said Surveyor of Highways shall be removable at pleasure. He 
shall be resjKtnsible to the County for any damage which may be .sustaiive<l with- 
in his district, through fault or neglect in the discharge of his duty. Said Sur- 
veyor of Highways shall give bond to the County, with good and sufficient sure- 
ties, to be approved by the t'ouuty Commissioners, in double th(^ amount oi moil- 
ed' to be expended in his district, for the faithful discharge of his duties. 

Sec. 73. Tliat, fur the jmrposc of kee])ing lu repair liigliways and bridges, the 
County Commissioners of each County shall, on or jirevious to the first day wf 
January, assiiss a tax <if eighteen cj?nts, if so much be necessary, on every hun- 
dred dollars of the lists of the County, to be paid in money or labor, at the ojition 
of the tax payer, and laid out in repairing highways and bridges ; and they shall, 
annually, on (»r before the first dny of January, make out a tax bill for each Sur 
veyor of Highways, containing the amount of the tax to be laid out by him in his 
district, with the amount of each person's tax annexed to his name, accompanie<l 

69. Mriv autiKirizQ t.ie prectioii of saios 'ii cerc.iii localitiofii. I.).. 5U^. 

70. liesiWuii.» I resariljtis 8Hi;t) gatPS. lb. 

71. Pprtuiin-.iiicc of i-o.id dniy in towns nn>l villages. t3, S'af.. 2<;1. 

"8l CommissioBPrs to divi lo Couiitv ni'o ilizhwav ilistnct*. 14, S',.i'-, 063. 
73. 31.iy k'vy i;ix Jor rep lirs to ro:»d» 'uk. briUste-. I't.. 067. 



152 MANUAL. 



Powers and Duties of County Commiesioncia. 



witli u warrant, si<;-m'(l by tlu' Cliairiuan of the l^)ard, autlioiizhii;- ^ucli Surveyor 
to colUn-t ^ucli tax ; and tlu'y t^liall deliver tlio several tax bilLs to the rcf^pective 
Surveyor?, and take their receipt for the same. 

Skc. 74. On any extraordinary occasion, when any bridge or hi{i;hway shall be 
destroved or impaired so as to n-quire immediate re])aii8, or f-hall lie obstructed seas 
to require imnioduite labor to remove the obstruction, it s-hall be the duty of the 
Surveyor, forthwith, to cause the highway or bridge to be repaired, or the ob- 
struction removed ; and he may, for that purpose, call upon and notify any inhab- 
itants of the district to afford aim the necessary aid, or may hire other laborer.-^, 
or employ other means to open or rejjair the highways and bridges ; and, in such 
case, the notice shall be deemed suflRcient to any person owing taxes, payable in 
money, if such notice shall be given six hours previous to the time when he is re- 
quired to app(\ir and labor. If any jjcrson shall, in such case, perform labor 
more than suthcient to pay the taxes due from him.or, if a ]ierfon not indebted for 
taxes shall perform labor, the amount of such labor, or the balance, may be accred- 
ited to such person towards his highway tax the succeeding year. 

Sec. 75. If, on any such occasion as specified in the preceding Section, any Sur- 
veyor shall, for the space of twelve hours after application made to him for that 
purpose by any citizen residing within his district, neglect to call upon the in- 
habitants of his district, or use the proper means to repair or open the highway or 
bridge which may be out of repair or obstructed, he shall forfeit and pay to the 
County Commissioners of the County, to be expended in repairing higliways in 
such district, the sum of twenty five dollars, to be collected in the name of tho 
County, unless such Surveyor shall sliow sufficient reason for neglect. 

Sec. 76. Each Surveyor shall keep full and regular accounts of all labor per- 
formed, and all moneys received and expended in his district, and of the labor that 
may have been performed by any jiersons over and above their taxes, and make 
return of his accounts to the County Commissioners, annually, in the month of 
November. And it shall be the duty of each Surveyor of Higliways to pay over 
to the County Commissioners of the County any moneys which may remain in 
his hands unexpended ; and any money.'; which may be so received from the Survey- 
or, shall be paid over by the County Commissioners to the succee ling Surveyor, 
to be expended in the same district. And when any persons shall have over- 
paid their taxes, in labor or otherwise, the balance shall be accredited to such i)er- 
son.=! on their taxes for the succeeding year. When any Surveyor of Highways shall 
resign or be removed from office, he shall also make such return to the County 
Commissioners as retjuired in this Section, and turn over all moneys, books and 
papers pertaining to his otRce, to the County Commissioners, or to his successor 
in office, as they may direct. 

Sec. 77. If any Surveyor shall have failed to collect the taxes contained in his 
tax bill, as required by law, or if he sliall fail to pay ovei any monej's which he 
may have collected and not expended, the County Commissioners shall proceed 
against him upon hid official bond. 

Sec. 78. If any person receive or suffer bodily injury, or damage in his proper- 
ty through a defect or want of repair or sufficient railing in or u])on a highway, 
causeway or bjidge, lie may recover, in an action, of the County by law obliged 

74. Survevors mny call out cii);4t'iis to mase extraoruiiiai v repairs, lb. 
7.3. Penally if repairs oe not eflected. lb.. 0C8. 

76. Surveyors to Keen account?, ana make reiurn lo Coiiimissionjrs. lb. 
■ 'i7. Purveyors lond li.ib'e, wlien. lo. 
78. Traveller lauy recover dcUia^es il' injured \;y cic'eci in ruad:. lb. 



MANUAL. 153 



Powers and Duties of County Commissioners. 



to repair the same, tlie amount of damage sustained thereby, if such County had 
reasonable notice of tlie defect, want of repair or of insulHcient railing, or if the 
same had existed for the suace of twenty-four hours previous to the occurrence of 
the injury or damage ; but no such injury or damage shall be recovered by a per- 
son whose carriage and load thereon exceeds the weight of six tons. 

Sec. 79. If, before the entry of an action provided for in the preceeding Section, 
the County C(mimissi(mers tender to the plaiiitifT the amount which he would be 
entitled to recover, together with all legal costs, and the plaintiff does not accept 
the same, and (Lies not recover upon his trial more than the sum so tendered, the 
defendant shall re(;over costs. 

Sec. 80. If a County neglect to repair any of the highways or bridges which, by 
law, it is obliged to keep in repair, or neglect to make the same safe and conveni- 
ent, such County shall be liable to indictment and fine, as the Court in its discre- 
tion may order. The fine imposed in such a case, shall be certified to the County 
Commission(;rs by the Clerk of the Court, and they shall i)rocoed to collect the 
same from the Surveyor or Surveyors of the highway district or districts charged 
by this Chapter with the duty of superintending and keeping said highways or 
highway in repair ; the sania when collected, fhall be laid out in the repair of high- 
ways and bridges in the County. 

Sec. 81. Each person wlio shall furnish work on the highways, in payment of 
his highway tax, assessed by the County Commissioners, shall be allowed, for a 
good hand, at the rate of ten cents for each hour. It shall be the duty of the high- 
way Surveyor of the district to make such allowance for the use of teams, carria- 
ges and tools, as shall be e(iuitable and just. 

Sec. 83. All able bodied male persons between the ages of eighteen and forty- 
five years shall be liable, annually, to perform on tlie public highways and roada 
not less than three and not more than five days' labor, under the direction of the 
highway Surveyor of their district : Proinded, That if any ])erson, being warned to 
work upon the highways, shall pay to the highway Surveyor, in the district in 
which he may reside, the sum of one dollar per day for each day required, such 
sum shall be received in lieu of such labor, and shall be applied by the said high- 
way Surveyor to the construction and repair of the highways and roads in the dis- 
trict. And .should any person refuse either to work on the highways and roads or 
to i)ay the fine imposed as a ])enalty for refusing to work upon the highways and 
roads, according to the direction of said Commissioners, the said persons shall be 
deemed guilty of a misdewieanor, and, on conviction ther(K)f, punished by impris- 
onment ill the County jail for the same, for a term not exceeding thirty days. 

Sec. 83. That the County Commissioners in this State are authorized and em- 
])owered to employ the ordinary road labor in the construction and repair of all 
bridges over the rivers or creeks of this State, which constitute the boundary line 
between Counties, if in their opinion the same shall be sufficumt, and shall assess 
their resi)ective Counties, whenever in tlnnr judgment the said ordinary road la- 
bf)r is insufiii'.-eut. And where any such bridge exists or shall be hereafter built, 
it shall be the duty of the Boards adjoining to divide the same by measurement in 
the centre, and each Board shall be responsible for the good order of the lialf next 

79 II'>* ilaiiMCPs raav be rec'jvereil. lb. 
SO. Couniy liable ti> uidict iient and nue- lb. 

81. Rule of vauiuion of 1 ibo;-. !b. 

82. vV'lio liable lo I'Odailuiv: Comn utatiDii; Itcfosa!, Peiialit.rb. 

Hi. Repi.iis to >jri.l;;ei bttweeu Coauu-^^; ^ivisiou Oj expense,. 9, Sl.t. 562,-12, 131. 



154 MANUAL. 



Powers and Duties of County Commissioners. 



a(ljrtinin<;lhe County in which it lies. And wlu'ni'ver it becomes necessary to buihl 
a new l)rid^e or to rejtjaee, entirely, an ohl on« whidi lias been carried away or de- 
stroyed, it shall be tlic duty of liit; IBoards of the two Cimnties to replace th« 
«ame. 

Sku. 84. That the County Commissionsers of the several Counties of the State 
shall have and lexercise the same jjowers over the navi<^able streams, water cours- 
es and cuts, within the limits of their respective Counties, as they have over the 
highways and bridges therein, excej)t as the same are herein modified. 

Sec. 8o. It shall 1m^ the duty of the aforesaid Surveyors of Highways to see and 
ascertaiia, from time to time, that the said water C( r.j-ses aind.ciuts, and the mouths 
or entrawces thereof, are open and free to the cwstomary navigation, for boats noi 
drawing more than four feet of water, oxeejit at suck times as may be necessary to 
close the same for the pur{)ose of repair or otlw^r necessary work ; but in no case 
e'hall the said water courses or cuts be closed so as to i)rcvent the free passage of 
euclr boats for a longer period than two conseeutiTe months, or without thirty days' 
previous notice, signed by the County Commissioners, and published in at least 
<&ne newspaper in the County wherein sucli water courses or cuts may be situated; 
and if the said water courses or cuts are within the limits of Charleston County, 
then such notice shall be published in at li'ast one of the daily newspapi'i-s in the 
city of Charleston. 

Sec. 86. That the Board of County Commissioners shall have full power and 
authority to appoint Special Commissioners who may cause to be opened any new- 
channel through tsnch projecting points of marsh land as impede and delay the 
navigation of the said water courses and cuts, and the proprietor or owner of the 
sai'l marsh land shall be entitled to such reasonable compensation for the appn*- 
priation of the said lar^d to the public use as may be deemed a fair equivalent by 
three discreet and disinterested citiztms, to be selected by the mutual consent of the 
eaid Special Commissioners and the said proprietor or owner. 

Sec. 87. Tliat it shall not be lawful for any person to keep up or erect any dam, 
eKcept as provided for by Section 10 of this Chapter, across any river which the 
Legislature has oi'dcred to be made na»'igable, or for improving which the Leg- 
islature has made any appropriation, so as to obstruct the jiassage of boats or rafts 
of timber and lumber therein ; and in case any dam, hereafter to be erected, shall 
not be immediately taken down and opened, when required by the County Com- 
inissioners, the same shall thenceforth be regarded and taken to be a ijublic nuis- 
ance, and shall and may be abated as such ; and the person erecting or keeping up 
the same shall, on conviction thereof, be fined at the discretion of the Court, in a 
sum not exceeding five huntired dollars, for the use of the navigation of the river 
where the said nuisance exi.sis. 

Sec. 88. That no road, bridge or ferry, shall be established by law, ttnless the 
pwfHon or persons petitioning for the same shall have given notice to the County 
Commissioners in the County or Counties in which the said road, bridge or ferry 
is intended to be established, at least six months befiu-e the session of the Legisla. 
tiire, and shall bring to the Logislature a certificnte of the same, from the Board 
of Countv Comraii?sioners. 



S4. Pov er of Commi9«i<)ner9 over streaiiip, vvati;r courses. &c (Jon. Art. 4, 19. 

So, Ilisliwuy Siirvp^O'-s tn keep stipums open for navieati'n 12. ^tat., 51S. 

86. CorruiisBioners mav OD»?n new c.liii'nels. 14. Stat.. 133. 

37, When opened, sncii ciiamiels n-t to be obstrncted. e. Srnt.. 219. 

88. Notice of application Tor chaiter of roads, &■€., to be given to CommissIon'TP. 9, Stat., 443. 



MANUAL. 155 



Powers and Duties of Goun^- Commissioners. 



Sec. 89. It sluiU be the duty «f the Cnnnty Conimissioners tliroufrli whose Conn- 
ties tliO State road |tasaes, to see th&t the .same is kept in good traveling order and 
c<mdition at all times during the lea^-e thereof, and if it is not, they shall reiK)rt the 
fact to tlie Comptroller (Jeneral, who shall eausi^ to be ])ut in suit the bond, of the 
lessee or lesses, and shall take other proceoding.s against him or them as he shall 
deem necessary and projier. 

Sec;. 90. Wliere any owner of an estray shall appear and ])rove liis property 
within the tim(! directed for advertising, it shall be lawful for any Trial Justice 
and he shall cause the same to be publicly advertised for ten days, and sold on a 
credit of six months, except tlie. costs to be paid in cash : and tlie purchaser shall 
give his note, with ai)i)roved security, to the Trial Justice, in tlie name of the 
County Commissioner's in tlie County wherein such estray shall be taken up '. 
which note the said Trial Justice shall deliver immediately to tlu^ said County ('om- 
missiouers for the County in which such estray shall be taken up, who shall have 
power, in default of payment, to sue for and recover the same. 

Sec. 91, If any person shall put in a just and lawful claim to such estray at 
any time after the sale and before the note becomes due, the County Commission- 
ers are hereby directed to give the note to the claimant, on his paying the custom, 
ary fees ; but if no such owner shall appear, the Commissioners shall cause the 
amount of the same to be collected and api)ropriat-ed to the repairs of the high 
roads and bridges in the highway district wliere such estray shall be taken up. 
And in case any part of the moneys aforesaid remains unajipropriated, in the 
hands of the Commissioners, they shall appropriate the same to the use of the 
poor. 

Sec. 93. There sliall be appointed by the Governor, and confirmed by the 
Senate, one officer for each County in the State, to be be named and designated 
a Jury Commissioner, who, with the County Auditor and Chairman of the Board 
of County Commis.sioners, shall constitute a Board of Jury Commissioners for the 
County. Said Jury Commissioner shall hold his office for two years, unless soon- 
er removed by the Governor. 

Sec. 93. The County Commissioners of each County shall provide all books 
necessary for keeping the records of the Probate Court : also, a seal and n(-cessa- 
ry office furniture : Prorided, Said furniture shall not exceed in cost the sum of 
one hundred dollars. 

Sec. 94. Any citizen who shall be hindered, prevented or obstructed in tlie ex- 
ercise of the rights and privileges secured to him by the Constitution and laws of 
the United States, or by the Constitution and laws of this State, or sliall be in- 
jured in his person or property because of liis exercise of the same, may claim, and 
l»rosecute the County in which the offence shall be committed for any damages 
lie shall sustain thereby ; and the said County shall be responsible for the pay- 
ment of such damages as the Court may award, which shall be paid by tlie Coun- 
ty Treasurer n\x a warrant drawn by the County Commissioners as soon as a cer- 
tified copy of the judgment roll is delivered to them for file in their office. 

Skc. 9.1. It shall be lawful for the County Commissioners of the County against 
•which damages shall bo recovered under the provisions of this Chapter to bring 
suit or suits, in tlie name of the County, against any and all })ersons engaged, or 

89. Ct mmissioners lo keep St;;le road in order. Penalty. 13 Slat.. 412. 

90. Commigetoner:? to receive note eive in purciiase or an estray. 11 St it.. 30. 

Jtl. I'o Eire UP note, it o Aner rtap.-ar .mvl claim estr.iv , on payiiif nt of lees. 5 Sial., 137 
t»2. riian-niiin o( Co:ir<l to tie one ol .Iiirv Coni'nissione -s. i4 St.t., 6W. 
m. CommibsionerD lo piovi.le hooks &c. i< r Pmbale Co«-t. Code, 52\ 
i)4. County to pav daii.iges to per* mi iijur.Hi in person ornrooertv. j4 Si t.. 5li0. 
15. Cju.m.ssioners to pruse u.j ofleu Jv.'i--, vij.utJis A ttij peic. l>.oiji. 



156 MANUAL. 



Powers and Duties of County CVminiifisioners. 



in any manner participating in said inol) or riot, and against any Constable, Slier 
iff. Trial Justice, or other officer charged with the maintenance of the public 
peace, who may be liable, by neglect of duty, to the provisions of this Chapter, 
for the recovery of all damages, costs and expenses incurred by said County, and 
such suit shall not ^abate or fail by reason of too many or too few parties de- 
fendant being named tlierein. 

Sec. 96. It shall be the duty of the County Commissioners in this State to fur- 
nish, at all times, blankets and such other bedding as shall be necessary for pris- 
oners confined in jail in their respective Counties ; and prisoners confined on a 
criminal charge shall be provided with at least two blankets in the winter sea- 

BOU. 

Sec. 97. The several Boards of County Commissioners are authorized and re- 
quired to make any alterations and additions deemed advisable, or which may be- 
come necessary, to any Court house or jail now erected, or hereafter to be built, in 
their several Counties. 

Sec. 98. From and after the passage of this Act, the County Commission- 
ers of the various Counties in the State shall remove their imbeciles from the State 
Lunatic Asylum, upon due notice from the Superintendent to the said C(>unty 
Commissioners as to the number of imbeciles confined in the institution from 
their respective Counties, and shall hereafter take care of all such persons in their 
respective County poor houses. 

Sec. 99. All the powers and duties heretofore conferred upon the Commis- 
sioners of Roads of the various Districts of this State, in relation to the license 
and sale of intoxicating liquors, shall be, and they are hereby, conferred uj> 
on the County Commissioners. 

Sec. 100. That Section 2 of an Act Act to provide for the construction and re- 
pairs of public Highways be so amended as to read : "Tliat the bridg- 
es be repaired under the supervision of the County Commissioners, and that 
the expense of the same be paid out of any moneys in the County Treasury ; and 
that all the work on said bridges, given out by the County Commissioners, when 
the amount shall exceed the sum of one hundred dollars, shall be done by con- 
tract : and the Commissioners are hereby required to advertise the same in at 
least one of the papers of the County ; that said proposal shall, in all cases, be ac- 
companied by two or more sufficient sureties ; and the County Commissioners 
shall have the right to reject any or all bids if, in their judgment, the interest of 
the County so require." 

Sec. 101. That the Sections of said Act relating to the ajipointnicnt and duties 

of Highway Surveyor be so amended as to abolish the office of Highway Surveyors , 

and to confer the duties of the same upon the County Commissioners : Pr-orided, 

That if the County Commissioners of anv County in this State fail to comply 

with the provisions of this Section, they shall be deemed guilty of a misdemeanor, 

and, upon conviction thereof, sliall be subject to a fine not exceeding five hundred 

dollars each, and to imprisonment not exceeding six months, or either, or both, at 

the disitretion of the Court of General Sessions of their respective Counties : Pro- 

■tided, furthar, That all taxes levied for the repair of highways and bridges, in each 

County, shall be collected and paid at the same time as the general taxes to the 

County Treasurers. 

9(i. (.'omuiissionfre t.> lunnsii beaains U>r oer-ima in jaii. 11 Si.ii., 223—12. 90S— 14, 3(4. 
97 May n'a.ve allprtiticns in Court liou<e, and jail. 11 hiat., 15(i. 

98. Imbeciles lo be romoved Irom MiKo ;is\liuii loCoiiatijs. 1.) Stat., CT. 

99. Comiiiissiuiiers lo jiraiit licenses. lb. 139. 

10'.). V\ or<i oil bn EP!" to be. eiveii out by c nuract, when, lo. 215. 

101. Office o.' I'.igiiwiiy bur 'Cior ajolisheo ; C'ouimissiouer'S to iJ-..'nor;n .luty o^ lb. 21j. 



MANUAL. 157 



Duties and Jurisdiction of Probate Judges. 



CHAPTER IX. 



OF THE 



OFFICE UNO JURISDICIIOH OF PROBIT[JUDG[S. 



Sec. 1. There shall be an election for the office of Judg-e of Probate in each 
County, on the first Tuesday after the first Monday of November, A. D., 1874, and 
on the same day in every second year thereafter. 

Sec. 3 In the event that a A'acancy shall occur in the office of Judge of 
Probate, whether from death, resignation, disqualification or other cause, the Gov- 
ernor shall have full power to a])i)oint some suitable person, wlio, on being duly 
qualified according to law, shall be entitled to enter upon and hold the office for 
the unexpired term of the former incumbent, and shall be subject to all of the 
dnties and liabilities incident to said office during his term of service: Provided, 
That no such unexpired ternx, for which an appointment is made, shall exceed one 
year. 

Sec. 3. The Judges of Probate in the several Counties of the State, before 
receiving their commissions, shall enter into bond, to be executed by them, and 
any number of sureties, not exceeding twelve nor less than two, to be approved 
by a majority of the Board of County Commissioners, for the faithful discharge of 
the duties of their office, to wit : Judge of Probate for Charleston County in the 
sum of ten thousand dollars : the Judges of Probate for the other Counties, each, 
in the sum of five thousand dollars. They shall qualify within thirty days after 
the election is declared. 

Sec. 4. It shall not be lawful for any of the Judges of Probate in this State to 
grant a final discharge to any executor or executrix, administrator or administra.. 
trix, trustee, guardian or committ(;e without he, she or they first giving public no- 
tice in some County newspaper, (if there should be no newspaper published in the 
County, then in some public journal having the greatest circulation therein,) for 
tiie space of at least one month, that on a day certain he, she or they will apply to 
the Judge of Probate for the County where his, her or their bond is filed, for a fin. 
al discharge : Procided, Tlie said publication shall be tri-weekly in the cities of 
Charleston and Columbia. 

Sec. 5. It shall be the duty of t'.ie Judge of Probate, when a])pUed to, to search 
for and examine any book, record or paper belonging to his office, and to furnish 
any person wanting the same with a copy or copies of any part thereof, or of the 

1. .lu.lEe of Proba'e, when electod. arid term of office. Con. Ari. 4, 2'J. — 14 .-^tat., 33i. 

2. Governor to flii vacancy in cffiw. — lb. 374. 

3. •lud'-eRof Probate tociveboml. to ije api rove^i by County Commissioneri". lb., 19. 

4. Not to disi^liarfceexecni'Ts or atlministrntors without pu");ic iioice. lb., 2C.3. 

5. Tosearcli records, and furnish copies, Ac. lb. C3. 



158 MANUAL. 



Duties and Jurisdiction of Probate Judges. 



wholp or ivny i);irt of any proceedings touching any estate or estates in his care or 
custody as Judge of Prol)titf aforesaid, and to certify the same ; for which respec- 
tive sorvic(;a he shall l)e allowed at the rate of nine cents for each copy sheet tho 
Banic may contain, and fifty cents for every certificate ho shall so give. 

Sec. 6. Courts of Probate are hereby established in each of the several Cbun' 
ties in this State, which shall hold a session on the first Monday of each month at. 
or near the court house, and continue thereafter so long as tho business mttty re^ 
quire. 

Sec. 7. The Court of Probate shall' be a Court of Record, aixl have a seal, may 
appoint a Clei'k, and may remove him at pleasure, and on failure of ihe Court to- 
appoint such Clerk, the Judge of the Court may perform all the duties of Clerk. 

Sec. 8. The Cerk of the Court of Probate shall keep a 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 g'Ve true and attested copies of 
the files and ])roceedings of the Court. All copies so attt?s-ted shall be legal evi- 
dence in the Courts of this State. 

Sec. 9. Every Judge of Probate shall keep the following books, (to be furnished 
by the County Commissioners,) each to be designated In' its label, as follows, that 
is to say : 1st. "V/ills," in which he shall enter a co]iy of all wills admitted to pro- 
bate, together with t e probate and certificate thereof. '2nd. "Inventories, Appraise- 
ments and Sales," in which he shall enter all such matters as are designated by 
the title, ord. "Returns," in which he shall enter all the accounts of the receipts 
and expenditures by executors, administrators and guardians, including the final 
settlement. 4th. "Real Estates," in which he shall enter all proceedings and or- 
ders in relation to the sale or division of real estates, from tlie petition to the bond 
of the purchaser, both inclusive. 5th, "Letters," in which he shall enter all letters 
granted, whether testamentary, of adniinistration,or of guardianship. 6th. "Bonds," 
in which he sliall enter bonds of administrators and guardians. 8th. "Cash Book," 
in which he shall open and keep a regular account with every individual or estate 
<m whose account he has received any moneys, bonds, notes, stocks, choses in ac- 
tion, or other property of any description Avhatever, by virtue of his office, exhib- 
iting fully everything so received by him, as well as all costs and charges against 
such e.state, and disbursements m favor of the parties interested therein, or other 
dis])osition thereof, which book shall remain in his office as a public record, and be 
fiubject to public inspection 8th. "Journal," in which he shall enter every judg. 
Rient, sentence, decree, determination, denial, and every other act done, or order 
Inade by him, in his official capacity, so as to constitute a complete journal of the 
current ])roct!edings ox his office. Each of the said books shall be furnished with 
a full and complete alphabetical index, in the surnames of the parties to the sev- 
eral nuitters therein contained. 

Skc. 10. Tlie manner of filing papers in the Judge of Probate's office shall be aa 
follows, to wit : 

The case shall be divided into convenient apartments, which shall be numbered 
from one upward. The papers relating to the same estate shall he wrapped in an 
envelope, as a package, and shall bear a number, and be endorsed in the name of 
the estate. A convenient number of packages shall be embraced in a strong euvo- 

6. VVlicii Courts of ProDivtc to be lield.lo., 82. 241. 

7. J^robntf Courts to be louftg oT Kecoril. Gen. Htat., 535. 
S. DutieK i,f Clerk o« Proljate Couit. lb. 

'.I. Bjoks (0 hv mvi 'oj V. jbnts l-uiirLs. 11, S'.it., CO. 



MANUAL. 159 



Duties aiul Jurisdiction of Probate Judges. 



lope, und constitute a buudlo, lu'ariiifi- tl\(' nuiubor of tlie apurtnieiit of the caso 
coutiiining it. A complete alpluil)etical iud(^x sliall be constructed with reference 
to tlio surname of deceased i)ersons to wliose estate tluj j.>apers relate, and of exe- 
cutors and administrators ; and opposite eack nanuj in such index shall be two col- 
umns, the one expressing the number of the apartment where the bundle ia to be 
found, and the other exjjressing the number of tlu* package in such bundle which 
contains the papers relating to the estat(- named in the index. 

Sec. 11. At each statcni session of tire Probate Court, tlie Clerk theretjf shall 
present an account to said Court of all moneys remaining therein, or subject to 
the order thereof, stating particularly on aecrnvftt of whiit cause or causes said 
moneys are deposited, which account,, and the the Touchers thereof shall be filed 
in C(»urf. 

Sec. 12. Every Judge of PrtTbate shall l>e responsible fc/T the books a-nd papers, 
and also for the furniture in Iws office ; and upon hi» Retiring frcmi office, or upon 
his death, he or his representatives shall be bound to transfer all su(^h books, pa^ 
pers and furniture to his successor, imuvediateiy after snob successor stall have 
entered upon the duties of his office, under a {>enalty of one thousand dollars, to 
be recovered liv indictment, and of impri^soument uot exceediiag^ one year. But, 
befon; surrendering such books„ papers and furniture, tli«^ Judge of Probate so re- 
tiring fnmi oihce, or his representative's, shall be entitled to require of his succes- 
sor a receipt in writing therefor, w'hidi receipt shall sjiccify the number and title 
of every book, and the number and description of every article of furniture, to- 
gether with the order and condition of the books, papera and furniture : a dupli- 
cate of which receipt shall also be given, and shall, by the Judge of Probate retir- 
ing from office, or his representatives,l>e filed in the office of the Clerk of the Court? 
of the County. And every Judge of Probate retiring from office, or his repesenta- 
tives, shall be liable to an action, in the name of his successor, for daanages for 
any books, papers or furniture whicli shall have been proved to'haV'*' been in hi» 
possession, and shall not api)ear by such receipt to have been transferred to Ills' 
successiH' ; which damages, when recovered, shall be appropriated to the replacing" 
of such books, papers or furniture, or to the benefit of the parties who may have 
been injured by the loss of such books or papers ; and an order for ap])ropriating- 
such danzag^es shall b* made by the Court before which such action shall bes 
tried. 

Sec. 13. Every Judge of Probate, in liis County, shall have jurisdiction in alf 
matters testamentary and of admiiu&trationin business a])pertaining to minors and 
the allotment of dower, cases of idiocv and hinacv,and persoixs 7ioii eompos indi- 
tis. 

Sec. 14. The Judge of Probate shall ]>av<' jurisdiction in relaticni to the appoint- 
ment and removal of guardiaus of minors, insane and idiotic jK'rsons, and persons 
non co)upon mcntix, and in vAiit'ion to the duties imposed by law on such guar- 
dians, and the management and disixjsition of tlio estates of their wards-. He shall 
exercise original jurisdiction in relation to triustees appointed by Avilil in cases pre' 
Bcribed by law. 



10 Manner ci filins oipers — IiK'ex^s to b3 ki'pt. lb. 

11. Clerks to fileaccouius ofmuueysin Court. 14, Slat., 17. 

12. .lurtgeb responsiDle lor efTscca of office — Liable lo aclion tor d.imazes.— Penalty for not 
irinsferriiis to successor. IX. M;u., 70. 

Vi. ,linisdii-tion of I'robate.luilfrep, genoraliy. Oon. Stat.. 5".J5, 
14. Juri:'aiciioii in relation to s:u:>r '.ians. lU. 620. 



160 MANUAL. 

Duties and Jurisdiction of Probate Judges. 

Sec. 15. He may exercise jurisdiction of all petitions for partitions of real estate 
wliere no dispute exists in relation to the title thereof ; and when the title to such 
real estate is disputed, he shall refer the same to the Circuit Court for adjudica 
tiou, unless tlie parties shall consent to his determination of the same. The pro. 
bate of the will and the granting of the administration of the estate of any per- 
son deceased, shall belong to the Judge of Probate for the County in which, such 
person was last an inhabitant ; but if such person was not an inhalntant of this 
State, the same shall belong to the Judge of Probate in any County in which the 
greater part of his' or lu!r estate may be. 

Sec. 16. All proceedings in relation to the settlement of the estate of any person 
deceased, shall be had in the Probate Court of tiie County in which his will was 
proved, or administration of his estate was granted. 

Sec. 17. All procedings in relation to the property or estate of any person un- 
der guardianship sliall be had in the Court of Probate of the County in wliich the 
guardian was appointed. 

Sec. 18. No Judge of Probate shall act as such in the settlement of any estate 
wherein he is interested as heir or legatee, executor or administrator, or as guar- 
dian or trustee of any person ; in every such case the Judge of Probate of any ad- 
joining County shall have jurisdiction, and it shall be his duty, upon appli- 
cation, to attend at some term of the Court of Probate in which such case may be 
pending, Avhich shall not interfere with the duties in his own County, and hear and 
uetermine such case. 

Sec. 19. The Judge or Clerk of the Probate Court shall have power to adminis- 
ter all oaths necessary in the transaction of business before the Probate Court, and 
all oaths required by law to be administered to persons executing trusts under the 
appointment of said Court. 

Sec. 20. Probate Courts may issue all warrants and processes, in conformity to 
the rules of law, wliich may be necessary to compel the attendance of witnesses, 
or to carry into effect any order, sentence or decree of such Courts, or the powers 
granted them by law. 

Sec. 21. If any person shall refuse or neglect to perform any order, sentence or 
decree of a Probate Court, such Court may issue a 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 is 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. 

Sec. 22. When a witness whose testimony is necessary 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 infirmity, shall be unable to 
littend in person, the Court may issue a commission to one or more competent 
persons to take ^he testimony of such witness ; and depositions taken according to 
the provisions of the law for taking depositions to be used on the tr)al of civil 

15. Jurisdiclinn in rebtion to title to, and varlition o' real est;ite. Gen. istat., 487, 626. 
IC. bcltltmGat oi e=t;ites must be in County wtiere Will is proved. Code, 326. 

17. I'roceeclinir* in lelatioii to estatet^ under cuardiansliip to be had in Probate Court, lb. 

18. .Tiidara not to act, if interested. t)i.t mal'er to be re Terred to Jpdge of next CountT. lb. 

19. Power- 'n a'iminister oaths conferred, lb. 

20. Power to issue warrants and processps. lb. 

21. In cases of coniumac , .Tud^e mavconiniit to jail. Id. 
Wi. Depositions may be lukun, wlien. lo.. 527. 



MANUAL. 161 



Duties and Jurisiiictiou of Probate Judges. 



causes may be used on the trial of any question before the Probate Court where 
such testimony may be proper. 

Sec. 23. When any Probate Court sliall have firsst taken cognizance of the set- 
tlement of the estate of a deceased person, such Court shall have jurisdiction of 
the disposition and settlement of all the estate of such deceased person to the ex- 
clusion of all other Probate Courts. 

Sec. 24. The juriHdiction assumed by any Probate Court in any case, so far as it 
depends on the place of residence or the location of liis estate, shall not l)e con- 
tested in any suit or proceeding whatever, except in an appeal from the Pro- 
bate Court in the original case, or when the want of jurisdiction appears on the 
record. 

Sec. 25. When, by law, a guardian is required to be appointed of a minor, who 
is interested as heir or legatee, or representative of sach iieir or legatee, in any 
e.-jtate which is in a course of settlement, such guardian shall be appointed by the 
Probate Court before which such estate is in course of settlement ; but afterwards, 
if the minor shall reside in another County.^ and is of the age of fourteen years, 
he may choose and have a guardian appointed in the County where he shall re- 
Bide ; 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 persons for whom the guardian shall be appointed shall reside. 

Sec. 26. The Probate Court by which a guardian shall be appointed shall have 
jurisdiction of the estate of the ward, and shall be alone authorized to permit the 
sale of such estate, and settle such guardian's accounts. 

Sec. 27. Except as provided in the first Section, the Probate Court in each 
County shall appoint such times and places for holding Courts as shall be judged 
most convenient for all persons interested, and shall give notice of such times and 
places in one or more newspapers circulating in the County. 

.Sec. 28. The Probate Court shall be deemed open at all times for the transac- 
' tion of ordinary business which may be necessary, when previous notice is not re- 
quired to be given to the persons interested. 

Sec. 29. A Probate Court may be adjourned as occasion may require ; and when 
the Judge is absent at the time for ho!din|,^a Court, the Clerk may adjourn it. 

Sec. 30. Any person iutere^ited in any final order, sentence or decree of any Pro- 
Late Court, and considering himself injured thereby, may appeal therefrom to the 
Circuit Court in the same County, at the stated session next after such appeal, and 
such appeal shall be granted by the Probate Court, if application be made and 
filed in the Clerk's office within fifteen days from the date of tlie decision appealed 
from. 

Sec. 31. In all cases of appeal from the proceedings of the Probate Court, before 
such appeal shall be allowed, the person appealing shall give a bond to the satis- 



23. Esclnsive jurisdiction atler once ticqcired. lb. 
5J4. Jurisdiciion may not be impeac le 1. II). 
an Wben minor may cboof!=? ffu'irdian. lb. 

26. Court to have jurisdiction of estates of vrards. I >. 

27. Judges may appoint convenient times and places to hold their Courts. It). 
23. Probate Courts to be deemed alw:'.ys open for ordinary business. lb. 

29. Courts may be adjourned Ov Clerk, in absence of Judae. lo., 523. 
3J. Appeals from Probate Court to Uj to Circuit Court lo. 



162 MANUAL. 



Duties and Jurisdiction of Probate Judges. 



faction of the Probate Court, with a condition that he shall prosecute such appeal to 
effect, and pay all intervening damages and costs occasioned by appeal. 

Sec. 83. In all cases of appeal, the appellant shall file in the Probate office his 
grounds of appeal, and cause a copy thereof to be served on the adverse party, at 
least twelve days before tlie time when the appeal is entered in the Ciruit Court. 

Sec. 33. The person appealing, shall procure and file in the Circuit Court to 
which auch appeal is- granted, a certified co])y of the record of the proceedings ap- 
pealed from, of tlie ajjplication and grounds for the appeal filed 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. 

Se€, Zi:. When an appeal is allowed by the Probate Court, aSI proceedings, in 
pursuance of file order, sentence or decree appealed from, shall cease until the 
judgment of the Circuit or Supreme Court is had ; but if the appellant, in writing 
waiveF. his appeal before the entry thereof, proceedings may be had in the Pro- 
bate Court as if no appeal had been taken. 

Sec. 35. If the person appealing from the proceed nigs of the Probate Court, as 
provided in this Title, shall neglect to enter his api)eal, the Circuit C(mrt to which 
such appeal shall be taken, on motion, and producing attested copies of such ap- 
peal by the adverse party, sba/ll aflSrm the proceedings appealed from, and may al- 
low costs against tlie api)ellant. 

Sec. 36. 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 thouglr such decision had been made in such Probate Court. 

Sec. 37. No Judge of any Probate Court shall l>e admitted to have any voice in 
deterniining any appeal from his decision, or be permiUed to act as attorney or 
counsel thereon, or receive fees as co-unsel 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 cognizable in the Courts 
of Probate. 

Sec. 38. All proceedings in the Court of Probate shall be commenced by peti- 
tion to the Judge of Probate for the County to whom the jurisdiction of the sub- 
ject-matter belong;-, briefly setting forth the facts or grounds of the application. 

Sec. 39. The Supreme Court may, from time to time, make rules regulating 
the practice and conducting of business in the Courts of Probate, in all cases not 
expresdy provided for by law. 

Sec. 40. The County Commissioners of each CouniJy shall provide all books nec- 
essary for keejiing the records of the Probate Court ; also, a seal and necessary 
olEce fuiniiture : ProHdcd, Said furniture shall not exceed in cost the sum of one 
hundred dollars. 

31. Appellai ts to give ' ond, to troaecute appeal. I •. 

32. Grouiids oi tpoeal to be filed. lb. 

83. Certitieil coDiej oi record to be filed. lb. 

34. Appeal tooDer;ite as stay of proceedincs. !!> 

35. Aopeilants neglecting Ci> enter appeal, judgment to be nffirmed. lb., 523. 

36. Pinal aecision to be certified OJick to Probate Court. lb. 

37. ProDate .Tudjre, not to interfere iii an apve<ii irum Iris decision.— 'A''hen may practice law. 

33. PioceedinES in prob'Ue Oouit to be begun by patition. In. 
30. tjupreire Contt to establisli rules U,v Probate Courts, lo. 
40. Who bliall provk'.e boots, (fee. lb. 



MANUAL. 163 



Duties and Jurisdiction of Probate Judges. 



Skc. 41. TIk" Judge may keep order m Court, and jjunij^li any contempt of his au- 
thority in like manner as .such contempt might be punislu;d in tlie Circuit or Su- 
preme Court. 

Sec. 42. When costs arc awardetl, to be paid by one party to the other, in the 
Courts of Probate, said Courts may i.^^sue execution therefor, in like manner as is 
practiced in tlie Courts of common law ; and when no form tor a warrant or pro- 
cess is prescribed by statute or rules of Ccjurt. he shail frame one in c >nformity to 
the rues of law , and tiie usual course of proceodi.iprs ii this State. Anv 
Sheriff or Constable in the State aliall exocute the order or nroces.ses ot said Court, 
ill the same nunuer as th 3 orUer or pr oce'^.'f 'S of the Circuit or Su^ircrne Courts. 

Sec. 43. The Judge of Probat ; may comm'.t to tn-i Luiatw? Asylnm any idiot, 
lunatic, or person iio/i coni.pDX meiilis, wiio, in liis opinion, is so furiously mad as 
to render it manifestly 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 l)y law. In 
all cases the Judge shall certify in wliat plact; the said jicrson or persons resided at 
the time of the commitment, and such certificate shall be coiiclus ve evidence of 
Buch residence. 

Sec. 44. All laws and parts of laws of the late Provisional Government of South 
Carolina, relative to the ))oweis, duties and course of procedure of the Courts ot Or- 
dinary and Equity, as far as the jurisdiction of said Courts is herein conferred on 
the Courts of Probate, not iiicons. stent with the Constitution and this Act, or bu'j> 
plied by it, are here'jy adopted and declared to bo of lorce, and ajij-Jicablo to the 
Courts of Probate. 

Sec. 45. Wills shall.be jiroved before the Judge of Probate of the County wliere 
the testator resided ; or, he having no place of resident within the State, in th > 
County where the greater i)art ot his estate may be. 

Sec. 40. The probate, before the proper Judge of Probate, of any last will and 
testament of a, feme covert, lierctof:)re, or hereafter made in the execution of a pow- 
er, shall be good, sufficient and effectual in law, in the same manner, and to the 
extent as if tiie cestatrix was a. feme sole, and a devise or bequ st under such will 
shall be admitted in evidence m the same manner, and have the same effect in the 
Courts of law in this State, as if no coverture existed at the time of the making 
theroof. 

Sec. 47. When a paper is oiTered before the Judge of Probate as the last will 
and testament of a ]>erson deceased, he may admit it to probate in either of the 
following forms, that is to say : 

1. Without citing or calling before him such as have interest, he may examine 
one of the subscribing witnesses thereto, or, in case of their death, or their remov- 
al from the State, by proof of the hand-writing of the testator or testatrix and of 
the subscribing witnesses, or any other secondary evidence admiss^ible and sufD- 
cient, by the rules of the common law ; and if such proof shall satisfy tlie Judgi; 
of Probate that the paper is the last will and testament of the deceased, he shall 
admit it Lo probate in common form. 

41. JndKPs mav punish coiwempis. lb. 

42. How warrants and piocesses co be executed. lb. 

43. Probate Courts tocomiint lunati'-is to Asylum. Ii. 531 
4-1. Laws of Pr> vixioiial soverii'.nem, now far adopted. lb. 

•1.5. Where Wills shall be Drove I. (Jen. Stat.. 108.-5 tstat, lOS.— 11. 5').— 14. 77. 
4(i. r.esardiiis the ivnl o' :i feme covert. 13, 8t.U.. 473. 
47. llow wills siiiill t« piovert. 11.. otal., j'J. 



164 MANUAL. 



Duties and Jurisdiction of Probate Judges. 



2. Probate in common form sliall be good, unless some person or persons inter- 
ested to invalidate the said paper as a will, shall give notice to the Judge of Pro- 
bate, within four years next aftiT such probate, ( or, if any party interested there- 
in be subject to the disability of infancy, then, within four years next after such 
disability be removed,) that he, she, or they, do reipiire it to be proved in due form 
of law, whicli is as follows : The Probate Judge shall require the party producing 
the will for probate, to prefer a petition in writing, praying to be permitted to 
swear and examine witnesses upon the same, for the publishing or confirming 
thereof ; and, thereupon, all such persons as would have been entitled to distribu- 
tion of the estate, if the deceased had died intestate, shall be summoned to answer 
the petition, in like manner as is provided for the sunniions of parties to civil ac- 
tions in the Courts of Common Pleas ; wliereupon he shall, after swearing all the 
subscribing witnesses to the same, proceed to examine severally, and to take down 
in writing such depositions of other witnesses as are made for or against the con- 
firmation of the will, upon all matters touching its legal validity, or formal execu- 
tion ; and in case the proof be sufficient; he shall, by his decree, pronounce for the 
validity of the will. 

Sec. 48. Upon occasion of proving a will in solem form, if it appear to the Judge 
of Probate that the witnesses to the will, or any of them,, are dead, or insane, 
proof of the hand-writing of the witnesses so dead, or insane, and of the hand-writ- 
ing of the testator, shall be admitted by the Judge of Probate as prima facie evi- 
dence that the testator did execute the will in question, in the presence of the wit- 
nesses thereto. 

Sec. 49. In all trials upon appeals from the Probate Court, in which the ques- 
tion of will or no will is in iss.ie, the executor or parties propounding the will 
shall be admitted to open the case, and to reply in evidence and argument. 

Sec. 50. If any person having in possession the will of a deceased person shall 
neglect to produce the same to be^jroved, the Judge of Probate, in whose office 
such will ought to be proved, shall have power to issue against him process, as for 
a contempt, and to imprison him until the will be delivered up ; and, upon his con- 
tinued refusal, he shall be lialile to indictment, and, upon conviction, shall be pun- 
ished as for a high niis:lemeanor. 

Sec. 51. That in all actions, exemplifications of wills under the hand of the 
Judge of Probate and seal of the Court in which such will may luive been admit- 
ted to proljate, or under the hand and seal of any other officer who has legal pos- 
session of the same, shall be admissible in evidence in any of the Courts of this 
State, whether the same may regard the title to real or personal property ; Pro- 
videcl, The party offering such exemplification shall give to the opposite party, or 
his attorney, at least sixty days' notice of such intention previous to the trial : A7id 
provided, further. That no devise of real estate shall be adndtted as evidence in 
any cause until after probate, either in common form or in due form of law. 

Sec. 53. If a will be regularly proved in any foreign Court, an exemplification 
of such will may be admitted to ji rebate in this State upon the eseniplificaticniand 
certificate of the Judge of the Court of probate ; and the exemplification shall also 
be evidence of the devise of lands in this State, where the title of land comes in 
question : Provided, That if the will be not proved in solemn form.the parties in- 

48. Proof oi s,icn>iuies oi subscrioing wiiiiossps. Gan. Stai., 40S. 

4ft. Executor to have affinnutive ot que^lion of wiU or no will. 11, Slut., 60. 

69. KeiuHil to Ot'livsra will for rrobun, iiuw punished. Ih.. 62. 

5'. 'Conies ot wills mil oe used in evidence. Proviso. 9 Sla ., 809 — ;3, 313. 

52. I''orei2ii prooaies, now admitted in tli s btate 4, tita'.., 102. 



MANUAL. 165 



Duties and Jiiriediction of Probate Judfj^ea. 



terested agaiust the will s^liall not be conclndcd bv siifli prol)ate,but may examine 
■witnesses as to the sanity of the testator, or as to any fraud or imposition practiced 
upon him in obtaining tlie will ; and the oth(!r side may apply for an order to per- 
petuate testimony in supjjort of the will. 

Skc. 53. That whenever a deceased person has left a will in writing without hav- 
ing appointed an executor therein, or having ajipointed one, such executor shall 
liavedeparttd this life without having (|ualitied thereon, ok being alive shall have 
refused to ([ualify, it shall be the duty of the Judge of Probate in whose Court 
such will shall have been proved, to grant letter.s of administration with the will 
annexed, to such persons as would have been entitled thereto if the deceased had 
died intestate ; Procidcd, Such persons shall take an interest.present or expectant, 
under sucli will, equal in value to the distributive share to which they would have 
been entitled had the decepsed died intestate. 

Sec. 54. In case no one of the distributees at law of such deceased shall take 
an interest, under such will, equal in value to the interest he would have taken if 
the deceased had died intestate, then the Judge of Probate shall grant such let- 
ters of administration with the will annexed to such persons as shall have the 
greatest interest in sustaining such will, in the order of their interests. And in 
case no person taking interests under audi will apply within three months after 
the death of tlie testator, then to the greatest creditor or creditors ; and in default 
of such applying, then to such other persons as may apply therefor. 

Sec. 55. Every executor or administrator Avith the will annexed, at the time of 
proving the will or the granting of administration, shall take the following oath : 
"I do solemnly swear that this writing contains the true last will of the within 
named A. B., deceased, so far as I know or believe ; and that I will well and trulv 
execute the same, by first paying the debts and then the legacies contained in the 
said will, so far as his goods and chattels will thereunto extend, and the law 
charge me, and that I will make a true and ])erfect inventory of such goods and 
chattels: So help me God." 

Sec. 56. The administrator with the will annexed shall enter into bond in a pen- 
alty double the estimated value of the personal property of the intestate, and shall 
have two or more good sureties, the aggregate value of whose estates, over and 
above their indebtedness, shall not be le.^s than the fuli amount of the penalty of 
the bond. 

The condition of the said bond shall be in the followi::g form, to wit : "The con- 
dition of ihU obligatirtji is such that if the above bound C. D., administrator with 
the will annexed, of the goods, chattels and credits ,of E. F., deceased, do make, or 
cause to be made, a true and perfect iuventorj' of all and singular the goods, chat- 
tels and credits of the said deceased, which have or shall come to the hands or pos- 
session or knowledge of the said C. D., or into the hands or possession of any other 

persons for hin?, and the same so made do exhibit into the said Court of 

at such time as he shall be thereunto required by the said Court, and the same 
goods, chattels and credits do well and truly administer according to law, and make 
a just and true account of his actings and doings therein when lawfully required; 
and, further, do well and truly pay and deliver all the legacies contained and spec- 
ified in the said will, as far as the said goods, chattels and credits will extend and 
the law require, then this obligation to be void, or else to remain in full force." 



53. Letter ol' «cl.. iiiistratio:i, w.fii ^rnuiaa. 5, bt..t . 10^, — 11. 5T,— I-.'. 533. 

54. Uule to :o\\'ni iiouiiiiiinjui of aJ umisirutor lb. 

55. Form of oalli to be l-.i^en by iiilmiiiistraior with will an.iexod. 5, Slat.. 10!). 

50. Adiinnis'.rator «it,i will am.x-.-J to make bond; to \\i)o:n oayajle. l,->. 109,-11. 403. 



166 MANUAL. 

Duties and Jiiris^dictioii of Probate Judge?. 



The paidl)ond s-liall be made ]ia_vableto tlie Judf^e of Probate of Hie County and 
Lis suci-essors, and may be sued by any ))ersou injured by tin- breach of tlie coiidi- 
1ion ; and judgment for the ])enalty shall stand as a security for the amount recov- 
ered by the luirty grieved, and for all others in (similar circumstances who may, 
from time to time, by suggestion on the record, have their diimagtis assessed, un- 
til the whole penalty he exhausted. 

Sec. 57, When a person appointed executor is infirm, or lives at a great dis- 
tance from tlie office of the Judge of Probate, where the will has b(;eu proved, the 
Judge of Probate shall have power to grant a commission to some two or more 
respectable ]>ersons in his neigliborliood to administer to him the oaths, and per- 
form the other re<iuisites for granting probate of the will. 

Sec. 58. That the ])ri>bate, in due form of law, by and before the ])ro]>er Judge 
of Probate, of any last will and testan\ent, wliether the same be of real yjroperty 
exclusively, or of real and i")ersonal property mixed, shall be gT)od, suflScient and 
effecttaal in law, in the same manner, and to the same extent, as if the said last 
AviU and testament were exclusively of personal estate. 

Sec. 59. No letters testamentary or probate of any nnnvnpative will shall pass 
the seal of any Court till fourteeu days, at the least, after the decease of the testa- 
tor !« fully expired. 

Sec. 60. That in ease any person die intestate, the Jmlge of Probate of the 
•County where the will of such person, had he left a will, would have l>een proveu, 
shall gram aflministration of the goods, ehattels, rights and credit.s of such per. 
Kon deceased, to Ws ot herrelation.% i:i the order following, to wit : 

I, To tlie hsishand or wife of the deceased: Provided, ahrays. That if any wid- 
ow, ■after iiaving oMalHed letters" of administration, shall marry again, the Judge 
<i)f Pf(v5)>*j« slaall liave power to revoke the administration before granted, or join 
«)aip-c>r niorn of the iwxt of kin in tlw^ administration with her; 

•2. If the IV be no linsband or wife of the deceased, or tluej do not ajijdy, then to 
tb.0.", cliiM "Oir children, or tlieiT leg-al tf-presentatives ; 

3l. Iadefault\>f tliem, thento tiie father or mother; 

4. In default of them, to tlie brothers and sisters; 

5. Iji (Is^Jault of til cm, to sueli of the next of kindred of the deceased, at the dis. 
er#ln(!n.».>if tke Judge of Probate, as shall he entitled t« s. distributive share of the 
iat«j.«t ate'.s e-sS at*' ; and, 

(th. la vLftifialt «{ si!i'fl5, to the greaiest creditor or creditoxs, or such othiT persons 
as tlie Caai jt, .shill Apjioiirij. 

SBa 6L 2vft leaters of admlrustTaticin sliall be granted to any person or j^erson* 
■wlm msoertiT, as jfriiscijva? creditar 'or crteditors tn any intestate, but ui)oia spiecial 
tra&t ai'deflflSdepj!*, aisd f»r the teisefit oif all the rest of the creditors. 

Ski", 65. All vVtets of jvji equal natnxe sluill be discharged by such administra- 
tor in average smd pjwvYJor'noii, ns far ikS tin* a,ssets of tlie iiitKistat-e jsliall extend, 
and no pre &i«ssfw sliall 'Jinc given aTnong tlie meditviis m ccjual degree. 

ax. i.'iiffif inEieftitOT maFqmiafv *)y coriimifsioii. 11. Stat, 60. 

5J. Wiitt to cotrsieUate probate of a Will. 12. Stat.. Jul. —13.313. 

B'}. Na pnjc^ed ics tt'' J>t lijd till ali«ri«.arteeji ilavs i-oan ileatli of testiitof. 11, Stat., 529. 

64>. AJTOi«i-tr»LM»of 12/3 w.tatf. to wliom granted. 5, Stai., 108,-11, 59. 

61. Ijiaem 'ara-i'Etf t:*i'*^n"'. Ccsditor or benefit ol alL 3, Slat., 663. 



MANUAL. 1G7 



Duties -ttud Jurisdiction of Probate Judges. 



Sec. 68. Where au executor ,«huil die intestate, or where an adniip.istrator 
shall die, eithernot having iv.\ly adniiniKtered, it .shall be the duty of the Judge 
of Probate of the County in which lettcr.s testamentary or of adniinisrration 
were first granted, to grant lelter.s of administration of the e.state .souuniulniinis- 
tered. 

Sec. G4 Every admiiiistraior shall, in o])en Court when letters of adnunisti-a- 
tion are granted him, tak<e the following oath or aihrmation, as the cat-e may be, 
to wit: •'•I do solemnly swear or aHirm_ that A. B., deeeased. died without any 
•will, &s far is I know or believe, and that I will well and truly administer all 
and .singular tlie goods and chattels, rights and credits,of the sa>d decea.sed, and 
j)ay ali his just debtn, as far as the same will extend, and the law require me, aud 
that I will make a true and perfect inventory of all the said goods and chattels, 
rights aiKl credits, and return a Just account thereof when thereunto requij'ed ; 
5*0 kelp me (iod." 

Sec. (JO- Such administrator shall also enter into bond, with two or wore good 
sureties, the aggregate value of wliose estate.s, over and above their indebtedness, 
«iball not be less than the full amount of the penaltj- of the bond,, to be approved 
by the Court, in a sum equal to double the estimated value of the personal prop- 
«;rty of the intestate, with the condition f(dlowing -"The condition of -the above 
obligation is such, that if the above bound A. B., administrator of tJie goods chat- 
tels and credits of C„ D.„ deceased, do make a true aud perfect inventory of all 
and singular the goods, chattels and credits of the said deceat^ed, which have or shall 
come to tke hands, possession or 'knowledge of th^ said A. B., or into the hands or 
possession of any other person or persons for him, and the same so made do ex- 

liibit into th^e said Court of— , when he shall be tJieireto ncjuir. d, 

and such goods, chattels, and credits do well and truly administer acK20i'dirig to 
law, and do make a just aud true account of his actings aud d»ings therein when 
required by the said CV)urt, and all the rest of the said goods, charttels aud credits 
which skall be found rentalning upon tke accoHut of the said adjB imstration, tlie 
same being first allowed by the said Court, shall deliver and pay turio suck per- 
sons respectively as are entitled to the same by law-; and if it shall hereaite,r ap- 
|>ear that any last will and testament was made by the said deceased, aud the 
same be proved in Court, and the executors obtain a certificate of the probate 
thereof, and the said A. B. do, in such case, if required, iv-nder and deliver iqi 
the said letters of administratiwi , then this obligation to be void, otherwise to re- 
main in full force. 

Sec. 66. The said bond shall be made payable to the Judge of Probate and his 
pucces.sors, and recorded in his oMice, in a book to be kept for that purpose, and 
may be sued in like manner as is ])rescribed in Section 6, Chapter LXXXVll, of 
tins Act, ill the case of bonds given by administrators with the will annexed ; and 
if the J u<lge of Probate shall fail to take bond aud security, as aforesaid such 
Judge of Probate shall be liable to be .sued for all damages arising from such 
neglect by any j>erson or persons interested in the estati-. 

Sec. 67. It shall be the duty of the Judge of Probate in whose office an admin 
istration bond is lodged upon a petition filed by any of the sureties to the same, 
who conceive themselves in danger of being injured by such suretyship, to sum- 

fi3 On (lento 01 aJminisinttor, letters dt bonisnon lo be sranteJ. 5. Stat , 108, — 11, 58. 

04. Administrator to take oalli in I ourt lo., 110. 

(J5. A-nouiil nil 1 foi-ni ol A imiuistrato.-s' bono, and how fixed. 3. Stat.. 593,— "j. 10 —12 4^.3. 

WJ. Hond oyvable to Judje oi Po' ae; how paid, and ppnalt- if Ju.iKedi'cs. not lake. 5, St.ii ,112. 

«'. isureties to boa J n.av veiitio:. Uj ixlief. lb. Ill —11 G2. 



168 MANUAL. 



Duties and Jurisdiction of Probate Judge?. 



mon till" adniiuistrator before liini, and make pucIi order or decree, for tlio relief 
of the petitioner, as may not impair or alTect the rights of the parties interested 
in tlie estate. 

Skc. 68.* The Judg-^ of Probate shall grant administration in the following man- 
ner: After requiring the j)erson or ])errit)ns applying therefor to file a petition in 
writing, he shall issue a citation to the kindred or creditors of the intestate or 
person deceased, to show cause, if any they have, why administration shall not be 
granted to the person or persons applying therefor, and he shall cause the same 
to be published on the Court house door of the County in which his office is. for 
two successive weeks, and also by having it jjrinted, once a week for two succes- 
sive weeks after it has been issued ix\ some puljlic gazette, if any be printed in 
the County. 

Sec. Q^. If a person applying for letters of administration on the estate and ef- 
fects of any person deceased mxke it appear, u])on oath, that such deceased person 
had made a will, which cannot be proved by such person or persons so applying, 
and that such person or persons applying for such administration verily believes 
or believe the said will to be lost or destroyed, together with the causes and 
reasons for such belief, it shall be the duty of the Judge of Probate to whom such 
application is made, to grant letters of administration to the person or persons so 
applying for the same, during such time as the said last will and testament shall 
be lost, and until the same shall be found and duly proved : Provided, That all 
such oaths as are required in this Section shall be in writing, subscribed by the 
party to be sworn, administered by tlie Judge of Probate, and filed and recorded 
by him. 

Sec. 70. The executors or administat<n-s of any executor oi administrator of 
right, who may waste or convert to his own use the goods or estate of his testator 
or intestate, shall be liable and chargeable in the same manner as their testatOj. 
or intestate would have been if he had been living. 

Sec. 71. The Judge of Probate of the County in which a deceased person may 
have died, shall have pov/er ( either of his own accord, or at the instance 
of any creditor or other person interested in the estate of the deceased,) to cite be- 
fore him such person or persons, as neither being appointed executor nor having 
obtained administration of the effects of such deceased person, shall, nevertheless, 
possess himself or themselves of the goods and chattels, rights and credits of such 
deceased; and, upon j-.uch person or persons being cited as aforesaid, the Judge of 
Probate shall require of him or them a discovery and account of all and singular 
the goods and chattels, rights and credits of the deceased, and shall proceed to 
decree against him or them for the value of the estate and effects of the deceased, 
which he or they may have wasted, or which may have been lost by his or their 
illegal interference, charging them as executors of their own wrong, are made lia- 
ole at common law, as far as assets shall have come into their hands. 

Sec. 72. That where a will is proved, or application is made for administration 
of the estate of a person dying intestate, the Judge of Probate of the County 
shall require tht: executors Or administrators to make out an exact inventory of 
the personal estate of the deceased, and shall appoint three or more respectable 
freeholders to ajjpraise the same on oath ; which inventory and appraisement 
ehall be returned into his office, within s-uch time as he shall limit. 

(iS Knidred and creiliinrs lo be citcl . C'u;iiion ho v oublisne I. 11. Sta'., 58. 

69. Proceenici'.'s on destruciioii or loss of Will. I). 58. — 1, St.t.. 429. 

70. Execntors of executor li.ibie lor conversion of proixi U . 2, St it.. 532. 

71. ICxecutors 111 ceriaiii r:,s. s aeemeii ti-espissers. lb. ,'529. — 5. 112. — 11, ('3. 

Vi. Iiivcuiory ^.ncl ap, raisoaie.it to Lib made on probiitc u. Wi.l. 3, Slat , 000,-5, 108,-11, 01. 



MANUAL. 169 



Duties aud Jnrisdiction of Probate Judges. 



Sec. 73. If the goods be in several Countii^s, the Judge of Probate of such 
Counties, repectively, fhall order appraisement, and appoint appfeisera in each, 
which appraisement, when made, shall be returned by the appraisers into the 
office of the Judge of Probate, where the will is recorded, or by whom adminis- 
tration is granted. 

Sec. 74. Every appraisement made, as aforesaid, may be given in evidence in 
any legal proceeding against such executors and administrators, to prove the 
value of the estate, but shall not be conclusive, it it shall appear, upon a trial of 
the cause, that the estate was really worth, or bona fide sold for, more or less than 
Buch appraisement. 

Sec. 75. Upon the settlement of their accounts by executors and administratorsi 
it shall be the duty of the Judge of Probate to allow them the sum of one dollar 
per day, for the expense of every appraiser during the time that he is proved to 
liave been employed in appraising the estate of the testator or intestate. 

Sec. 76. No appraisers, appointed to appraise any testator's or intestate's goods 
and chattels, shall enter upon that office before they shall have taken the follow- 
ing oath, before a Trial Justice, who is hereby impowered to administer the same : 

"You A B,C D, E F, &c., do swear that you will make a just ani true appraise- 
ment of all and singular the goods and chattels, (ready money only excepted,) of Q. 
H., deceased, as shall be produced by I. K., the executor or administrator of the es- 
tate of the said G. H., deceased, and that you will return the same, certified under 

your hands, unto tlie Judge of Probate of County, within the time 

prescribed by law." 

Sec. 77. All administrators and executors may, by and with the consent of the 
Probate Judge, compromise all demands coming into their hands as such, where 
the same are appraised doubtful or worthless ; and, where such compromises are 
made, the same shall be fully shown in their annual returns. 

Sec. 78. The Judges of Probate of the several Counties in this State shall have 
power, if the personal estate of any intestate, testator or testatrix, in the hands of 
the administrators or executors, or, if the assets set apart by a last will and testa- 
ment be insufficient to pay the debts of the deceased, to pay over to the adminis- 
trators or executors of such estate the whole or so much of the proceeds of the 
sale of the real estate of the deceased, sold by them, the said Judges, as will 
pay the outstanding debts of the deceased ; and the administrators or executors 
receiving the same shall be chargeable therewith, as with other assets which 
have come into their possession in the regular cour.-^e of administration. 

Sec. 79. Before paying over to any executors or administrators any money aris- 
ing from the sale of real estate, as provided and directed in thu preceeding Sec- 
tion, Judges of Probate shall rex^uire the said administrators or executors to enter 
into bond, with good aud sufficient surety, payable to the Probate Judge, and in a 
penal sum equal to double the amount to be paid over, the condition of which 
bond shall be the just and faithful administration of the fund according to law. 

Sec. 80. On application by a creditor or creditors of the deceased, by petition 
in writing, stating the indebtedness of the deceased, the deficiency of assets, and 

73. Goods m ririous Couuiles to De appraiser therein. lb. 666. 
• 74. Appraiaempnt to be pvidence of v:iiue, lb. 087. 

75. Pay allowea to appraifars. II. hiai., 61. 

76. iNo person load umil sworn; For n of oath. 3, Sta^, 607. 

77. .\cltiiinistraior may compromise denianils, by cousent ot Probite Judce. 14. S;al., 31?. 

78. Jndires may order real estate -oid if personal be uiHullicient to pay debt*. 11, ^>ldt., 3}2. 

79. Court to require suecial bond De:ore piiying over Dioceeds sale. lb. 33;i. 



170 MANUAL. 

Duties and Jurisdic-tion of Probate Judges. 

praying that the proceeds of the sale of Teal estate of the deceased jtuay be paid 
over to the efecutor or administrator, (as the case may 1^,) and applied to tl'.e 
satisfaction «f the debts of the deceased, the Probate Judge shall pay over to tlie 
executor or administrator, taking bond and surety, as provided by this Chapter, 
such proceeds, or so much theri':)f as shall he nece«;iarv ; provided, Tlie heir at 
la\v„or devisees, shall have notice thereof and be retjulred to show cause, if any 
Jhey cjtn, to the contrary. 

Sec. 81. The Pn)bate Judge shall, on such apjilication, forthwith cite tlie ex- 
ecutor or administrator to appear and account lor the assets of tlie deceased, if 
tfuch accounting has not been previously had 

Sec. 8C. He shall also summon the heirs at law., or devisees, of the deceased, as 
the case nuiy be. Tln^ form of the summons shall be as follows : 
"To A. B. and C. D., heirs at law of R. F^ (or devisees of E. F.:) 

"You are hereby required to a])pcar at the Court of Probate,to be holden at 

i-Court House, for County, on thf . 

day of , Anno Domini ^ to show csuse, if any you can, 

why jhe proceeds of tl«c sale of xhe real estate of E. F., deceased, sold bv me for 
partition and division, shoujd not be paid over to G. 11., executor, (or administra. 
tor,) of the ^aid E. F^ to be applied by him to the payment of the deots of the 
jsaid E. F. 

•"(Jiyen unde.r my hand and seal, this day of , 

A. D. 

^;Signed) "J. K., [I., s.] 
"Probate Judge of Countv." 

^EC. 88. A copy of the said summons shall be served on the parties interested, 
3n like manner as summonses are served in civil actions, in the Circuit Courts; 
auad if there be minors, the'Paobate Judge shall appoint guardians ad li'tejn, who 
skallbe served with a copy of such summons, and the appointment and accej^t- 
ance of such guardianship shall be endorsed on the petition : Provided, That 
nothing herein contained shall preclude any of the parties from accepting the ser- 
vice of such summons, or from consenting to the application of the funds as i)rav. 
«d for In such petition. 

Sec 84. If any of the parties re.side beyond the limits of this State, or whose 
resideace is uukuown, and do not consent, in writing, that the funds be so ap- 
plied, the Probate Judge shall advertise for his, or her or their ajjpearance, bv 
•publication of the summons as provided for by Section l.W of the Code of Pro- 
•<-edure ; and if such ])arty shall not appear and show sufficient cause, within the 
lime iiamed in the said summons, then the Judge of Probate shall enter of rex'ord 
his, her or their scwnseut as confessed, and shall take an account of the executor or 
sulmiuistrator relative to the assets of the estate of the deceased, and if he shall be 
satisfied that they are sufficient to pay the debts thereof, of which he shall make 
an exhibit in the said account, Jie sTiall pay over to the executor or administrator 
*he whole or so much of the proceeds of the sale of the real estate is his luinds, 
as maybe necessary to pay the debts of the said deceased. 

SO. Court mav order sucli moneys paid to crediiors, on Detiiioii: J'roviso. Id. 

Si. .\i'uih)istrator shall account lor assets. lb. 

85. Ht-irs or devisees to be sumn.oae.l. lb. 

S3. M;inner ot service ot sui.;mo' s. Co.'e, .MO, 551. 

84. Non resi.lcnls to beciicO by pu' lie tiou. iJ). 



MANUAL. 171 



DuticB und Jurisdu-tiou of Probate Judges. 



Sec. 8;"). Tlu' Proluito Jud^'c slialJ lik^and kcoj) in his ollhctlu jx'titioii and all tlu; 
jiapors cojjuo: ted tU-Tcu-ith, ai;d ."-liall < uttr in his cash b(i<ik the amount abytiact- 
ed from the sale of tlie rekl estate and jBiid over to the /'xecutor or administratoi-, 
«fter deducting all fosts; and the balanre n'jnainjii^ in his hands, if any, shall be 
disposed of as provided by law. 

Sec. 86. The Probate Judge shall receive for his st^rvices required by Scftions 
79 to 85, iurlusive, of this Cha))ter, the sum of five dollars, aad no more, out of tin; 
})roceeds of the sale (»f the real estate of the deceased, unless the application be 
refused or rejected by the Probate Judge, in which case tlie saine shall be paid by 
the petitioner or ])etitioners, aixl the Probate Judge is eni])ower(.d to enforce exe- 
cution against him ctr them forth'" same. 

Sec. 87. Executors or admiuistrators f-hall annually, while any estate shall re- 
main in tlieir care or custody, at the first Court lield >ifter the first day of January, 
render to tlu^ Judge of Prf>bate of the County, from whom they obtained ])robate 
<)f will, or letters of administration, a just and true account, upon oath, of the rec- 
eipts and expenditures of such estate the preceeding year, which, wlien examined 
and ap])roved, shall be deposited with the inventory and a]»praisement, or other 
papers beh)nging to such i-fitate, in tlie diice of the said Judge of Probate, there 
to be kept for the inspection of such ))ersojiiJ as may be interef-ted in the said es- 
tate. 

Sec 88. When an administrator or executor, ajipoiiited by the Judge of Probate, 
shull aeglfict to make liiS annual return for six mouths after the month of Janua- 
ry, in which it should have be/^u made, it shall he the duty of the Judge of Pro- 
bate forthwith to rite him or lier so to do, and upon his or her neglect <>r refusal 
to render sux-h account, on or before the next annual period of accounting, such 
defaulter shall be adjudged in cont+'mpt, and the Judge of Probate is empowered 
and required to issue his attacliment against such defaulter, and imi^risou him or 
lier, until he or she shall purge such contempt by rendering such account. Ar.d ic 
case of such recusant administrator, he may revoke the letters of administration. 

Sec. 89. The commissions given by this Chapter shall he divided amongst exe- 
cutors and administrators in proportion to the services by them, respeciively, per- 
formed, to be rated and settled by the Judge of Probate who granted pi"obate of 
the will or letters of administration, if the executors or administrators cannot 
agree amongst themselves concerning tlie same. 

Sec. 90. It shall be the duty of every trustee or guardian appointed by tlie 
Court, to mate an annual return of the estate in his possession, setting out all the 
items of money received and paid out, with the projier vouchers ; and it shall be 
the duty of the Judge of Probatt; to set ajtart certain days for the examination of 
*uch accounts, and to give notice thereof to ail guardians and trustees who.se duty 
it siiall be to account before him. 

Sec. 91. That if any executor or t^xecutrix shall ])urchase any property at the 
sales of the estate of his or her testator, he or she shall give boiul, with surety, t(» 
the Judge of Probate of the County, conditioned to account for the purchase mon- 
ey of the said property. 

85. Full record to be Kert oy Vrobate J.idee. lb. 

f6. Probnte ees for seixicp« uii :er tliis C mpier. G^i. Statutes, 421. 

S7. Execut. rs and afiministraiors snail leiuler iiccount on oi-h to I'robaie Court. 3, Slat. 666. 

18S. D«faolt inmakina annual returns- Penally. 11, :itat.. 68. 

:8». Conmiissions to ue ailotied by Jutlee of Probate. 5, Stat., 112. 

90. Trn=tees and Gu:'r<iiai>s to it ake annu.il returns. 7 Sfat., 31". 

itl. Lxctntor mnclu-sin? at sale of tcstaiois jroperty to give boiul 11 b:„t., 89. 



172 MANUAL. 

Duties and Jurisdiction of Probate Judges. 



Sec. 92. On allsalesof personal property, made by executors and administrators, 
they shall first obtain an order from the Court of Probate ; and no sale made with- 
out such order shall be valid, except it be directed by the will. 

Sec. 93. It phall be the duty of the Judge of Probate by whom administration 
may be granted, upon application made to him, to grant an order for the sale of the 
whole or any part of the personal estate of the deceased intestate, if, in his opin- 
ion, the same is advisable, regulating the time, place and credit to be given, in such 
nanner as to do impartial justice to all persons interested therein. 

Sec. 94. The Judge of Prol)ate in whose office a will is recorded shall have the 
same power as to the personal estate of a testator, not inconsistent with the pro- 
visions of the will, as is given him over the personal estate of an intestate by the 
preceding Section. 

Sec. 95. All administrators, executors, and other fiduciaries, shall be allowed 
to sell to the highest bidder, as other personal property is sold, all notes, accounts 
and other evidences of indebtedness coming into their hands as such, when the 
same are appraised doubtful or worthless. 

They may, by and with the consent of the Probate Judge, compromise all de- 
mands coming into their hands as such, where the same are appraised doubtful or 
worthless ; and, where such compromises are made, the same shall be fully shown 
in their annual returns. 

Sec. 96. The Judge of Probate, on appointing a guardian to an estate, shall 
require him to enter into bond to himself and his successors, in a penalty of doub- 
le the amount of the estate, and shall have the same power, as to relieving the 
sureties of a guardian, which is given to him in the case of relieving the sureties 
of an administrator. 

Sec. 97. All guardians of estates, appointed by the Judge of Probate, shall ren- 
der, to him an annual account of their actings and doings, as executors or adminis- 
trators are required by law to do, and upon making default, shall forfeit their,com- 
missions. 

Sec. 98. Any Judge of Probate shall liave power to pronounce a decree against 
any guardian by him appointed, ui)on final account, which shall authorize such 
proceedings against the sureties of such guardian, as may be taken in like cases 
against the sureties of an administrator. 

Sec. 99. In case of removal from the State, or the death of any guardian not 
represented by executor or administrator, the Judge of Probate sl.all take the 
same measures for an account and decree against him, which shall have the like 
force and effect against his sureties and estate, as is provided by law respecting an 
administrator. 

Sec. 100. The guardian or guardians of children under age, shall be required 
and directed to apply to the Probate Court for an order of partition, in all cases 

92. Order must be obtained oe ore uropert. bo solil. 5 Stat., 109.— 3 238. 

93. Judge of Hiobate to grant order. 11 oiat., 62. 

94. Power ol Probate Ju lee over Ters.nLil fstato of testator, lb. 

St5. Administrator to sell personal property: to oompro.nise demands. 14. Stat., 313. 

J*6. Ouiirdi.in on apoointiiient tn give bond: how sureties muy be relieved. 11 i3iat., 63. 

97. Guardians lo render accounts to Probate Jiidse : Pen.liy lor de.ault. iD. — 3 667. — 7 327. 

D8. Procoedinis against sureties. 11 Siat., 67. 

91. Provisions in case ol death, or re.iioval of Quirliaii. lb., 63. 

100. Guardian to app^y to durt ror urdir of partition in c.^rt.iia c.isej. 3 St'.t.. 703. 



MANUAL. 173 



Duties and Jurisdiction of Probate Judges. 



■where any lands shall be given or descend to such children, in coparcenary, joint 
tenancy or tenancy in common, (and no provision made by will or otherwise how 
such lands shall be divided,) in. case such children shall neglect so to do by the 
space of twelve months after becoming of age. 

Sec. 101. It ahall be the duty of the Judge of Probate, on application by 
the executor or administrator of any deceased person, to whom letters testamen- 
tary or of administration have been respectively granted, to furnish a true copy 
of such orders as he may make, concerning the probate of the will, or granting of 
administration, certified under his hand, which shall be sufhcient evidence of the 
appointment of such executor or administrator in any Court in this State. 

Sec. 102. No devise of real estate shall be admitted as evidence in any cause 
until after probate before the Judge of Probate, either in common form, or in due 
form of law. 

Sec. 103. It shall and may be lawful for any woman who is entitled to 
dower or thirds in the lands of wliich her deceased husband was seized in fee at 
any time during their marriage, to apply to the Judge of Probate of the County 
in which said lands are situated, for a writ of admeasurement thereof, to be di- 
rected to certain persons who shall be appointed for that purpose. 

Immediately thereupon, the Judge of the Probate Court shall cause a summons 
to be issued and directed to the heir-ai-law of the deceased, ( if of full age,) or to 
his guardian, ( if he or she shall be an infant,) and if there be no guardian, then 
to the executor or administrator of the deceased, or to any other person or persons 
who may be in the possession of any of the said lands, commanding him, her or 
them to appear at the Probate Court to be held in the County where the lands 
are situated, that shall be held ten days after the service of the summons above 
mentioned, and show cause why the prayer of the petition should not be granted. 

Sec. 104. On the return of the summons, if the heir-at-law', or his or her guar- 
dian, (if he or she be an infant,) or any other person or persons who may be 
in possession of the said lands, shall appear, and shall not show sufficient cause 
against the petition, then the said Court shall cause a writ for admeasurement 
of dower to be issued and directed to five persons, two of whom shall be nom- 
inated by each of the said parties, and a fifth by the Court, commanding them 
or majority of them, within one month thereafter, (being first duly sworn for that 
purpose,) fairly, justly and impartially, according to the best of their judgment, 
to admeasure and mete out to the said petitioner, and to put her in full and peacea- 
ble possession of one-third part of all the lands of her deceased husband ; and 
when they have so done, they, or a majority of them, shall immediately return a 
general plat of the said lands, with a certificate thereon in writing, under their 
hands and seals, describing the manner in which they have made the admeasure- 
ment aforesaid, into the office of the said Court, there to be recorded, and the same 
shall be final and conclusive on all parties concerned therein. 

Sec. 105. If the person who shall be served with the said summons shall ap- 
pear on the day named therein, and, not showing sufficient cause against the petition, 
shall refuse to nominate two persons in the manner and for purposes above direct, 
ed, then the Court shall appoint them in behalf of such heir,) or other person ia 

101. Papers lurnishecl bv Prooale Court lo executors, may be given iii evidence. 5 Stat., 109. 

102. Devise ol real estate. 12 Stat., 701.— 11. 62. 

103. Application for admeasurement olt'ower; party in possession to be cite.:. 4 St;it., 742— 
7, Stat.. 294.— 14, 77.— Con. Art. 4, 23. 

1U4. 105. Proceedings under \v."it lor U'iiueasurejieni o: dov, er. I'j. lb. 



1 74 MANUAL. 



Duties and Jurisdkt'on of Probate Judges. 



J»0)=sospion of the said land, and tlicy. t(><,r('tlicr with thos«^ uominatfd by tbe peti- 
tioner, shall make such allotniput and admeasurement as before recjuired ; and the 
paid Conuni.ssioncrs, so appointed, itv a majority of them, having made due return 
thereof, the same shall be as effertual and l)inding on all parties as if done in tho 
manner firstjabove prescribed. 

Sec. 106. The Judge of Probate may exercise jurisdiction of all petitions for 
partition of real estate where no dispute exisis in relation to the title thereof; and 
when the title to such real estate is disputed, he shall refer the same to the Cir- 
cuit Court, for adjudication, unless the parties sliall consent to his determination 
of the same. 

Sec. 107. Upon tlie petiticm of any i)erson or prrsons interested in any real es- 
tate, as aforesaid, the Judge ot Probate shall proceed to issue his summons in the 
following words, (varying the same according to the circumstances of each case, 
respectively,) that is to say : 
"The State of South Carolina :" 

"To A. B., C. D., and E. F., legal heirs and representatives of G. H., -who died in- 
testate, (or devisees of G. H., in case he died leaving a will, which did not direct 
how a division was to be made,) Greeting •, 

"You are hereby required to appear at the Court of Probate, to be liohlen at 

Court House, for County, on the day of , A. D. , to 

show cause, if any you can, why the real estate of G. H., deceased, described in 

the petition of — , tiled in my oiBce, should not be divided or sohl, allottinp^ 

to the said A. B. one-third thereof, and the remaining two-thirds in equal portions 
to the said C. D, and E. F. 

Given under my hand and seal, this day of , A. D. 18 — . 

J K , [I,, s.] 

Judge of Probate, County, 

Such summons shall be served ujion those interested, and they shall be made 
parties, in like manner as in cases in the Court of Common Pleas ; and the said 
summons may be duly served and proved by any disinterested person, or bj- any 
Sheriff or his deputy ; or the service of the same may be consented to by a written 
acceptance of the parties interested, endorsed by the said parties on the original 
summons. 

Skc 108. In case there are minors inter' sted, the Judge of Probate shall have full 
power and authority to appoint a guardian or guardians, ad litem, in such case, as 
well as guardian or guardians for the estates of said minors so interested, as afore- 
said, so far as relates to the interest of the said minors in the land to be divided, 
and take the usual i)ond or bonds in case of guardianship, wherever the case may 
recjuire it ; and shall lake tlie written consent of such guardian or guardians, en- 
dorsed on the original summons, in behalf of his, her or tliinr ward or wards. 

Skc. 109. If a party or partif^s, residing without the State, shall not appear and 
show sufficient cause against the sab; or division within the time recjuired by law, 
then the said Judge of Probate wlud! i)roceed to enter of record, his, her or their 
consent, as confessed. 

106. Jurisdiction of Probate Jadgo in partition of estates. 11 Stat., 64.— '"ode 536. 

107. On acplicaiion tor sale or division, heirs to be cited ; Form ol suiiin.ons. 3 Stat., 70S— 5 IC3 
6 tlat,. 248—11 64. 

103. Kelalinz to tlie appoiiitmenl of guardian ud litem. 6 Stat., 248.-11 65.— Code 527, 551. 
109. Party r.ot appeann;; to ol).ie(t to Bale. ci>nsidered ii8 oonscntiug. 11 8tat., 55. 



MANUAL, 175 



Duties and Jurisdiction of Probate Judges. 



Sec. 110. If upon the return of tlie original summons so issued as afore.said, 
served, accepted, or consented to, tliere sliall, in the opinion of the Judge of Pro- 
bate, be no good cause shown why aidlivision or sale of the said premise.s should not 
take place, he shall proceed to di'termine, upon the examination, on oath, of credi- 
ble witnesses ac()uainted with the premises, whether it will be more for the ad- 
vantage of the parties in interest, that the said premises shall be sold or di- 
vided. 

Sec. 111. If he should decide in favor of a sale, he shall enter of record an or- 
der for sale, in the folio whig words,, (varying the form according to the circum- 
etances of the case,) viz : 

A. B., PetitBoner, ) 

V.I. [- Order in^Partitiw:^ 

C. D., and E. F., Defendants. ) 

On due examination it is ord( red and decreed, that the land.s described in the 

Petition in Partition, in this case, be sold by the Sheriff of County, ou the 

first Monday in next, or on such other sale day as will be more advantage- 
ous for the parties in interest, on a credit of , the purchaser giving 

bond, with goixl security, and a mortgage of the premises, if deemed necessary, to 
the Judge of Probate, for the payment of the purchase money. 

J. K., [l. s.] 
Judge ol Proljate Ccmnty. 

Sec. 112. In case the Judge of Probate shall determine in fivvos of the di\ision 
of the said estate, he is hereby authorized and required to issue, inkier his hand 
and seal, his writ, directed to three or more discreet persons, a majority of whom 
shall have power to act, requiring them under oath, to be administered to each 
other, to go on the premises, assisted by a surveyor, if necessary, and make a di- 
vision among the parties interested, according to their respective rights, and th« 
said Commipsioners shall make tke'iT return to the said Judge of Probate,, with 
the necessary plat, or plats-, marks and desiguatlbrts. 

Sec. 113. Such writ shall be substantially in the following words ; 
"The State of South Carolin.\, ( 
County I 

To L. M., N. 0., and P. Q., or any two of them ; 

You are hereby required, with a surveyor if necessary, to go upon the land de- 
scribed in a petition, wherein A. B. is petitioner and C. I), and E. F. are defend- 
ants, and to divide the same between the said parties in interest, according to 
their interests respectively ; that is to say, allowing to the said A. B. one-third, 
thereof, and tlie reniainiag' two thirds between C. D. and E. F., (varying the writ, 
of course, according to the facts of each ease,.) and that you make your return to 
me on oath. 

Given under my hand and seal, the day of 

A. D, IG . 

J. K, [L. s.] 
Ju<lge of Probate f'ounlv." 



110 Jad«;e to determiae whether property oe sold or divided. lb. 

111. Order, if for s;ile. to be recoided : Form or ordfr. 6 Stat. 249.— 11 65.— 14 -7:4. 

112. ComniiHsioneis to niake (livi»inii, and vciurn. wit.n rl.ts I''- ib. 
i;3. Form ul wiit lo be i^sueil to Commi.s^ioaur.^. lb. 



176 MANUAL. 



Duties and Jurisdiction of Probate Judgfes. 



Sec. 114. The return of tlie said Corainissioners, or a majority oftliem, shall bo 
in the words following, (to be varied as the case requires :) 

"South Carolina, } 
County. ^ 
We, L. M., N. O., and P. Q., Commissioners named in the writ, to divide between 
A. B., C. D., and E. F., a tract of land mentioned therein, have been upon the same, 
(or, are we'll acquainted with the quality, extent and situati<>u of the same,) and 
value it at 

, and do divide the same among the said parties, allotting to the said A. 
B.,(such a part, describing it,) and to C. D', and E. F., (certain other parts, describ- 
ing each part distinctly,) as will more clearly appear by plat thereof, hereunto an- 
nexed, dated the day of 18 
Given under our hands and seals, this day of 18 

L. M. [l. 8.] 
N. 0. [L. s.] 
P. Q. [L. s.] 

Sec. 115. If the Judge ot Probate shall approve of tlie said return, he shall en- 
dorse upon the same, the words, "Examined, approved, and confirmed, by me, this 
day of 18 

J. K., Judge of Probate, 
County." 

Sec. 116. 'Whereas doabts have arisen whether the Judges of the Probate 
Court in this State are authorized to issue executions to carry into effect any or- 
der, sentence or decree of such Court ; therefore, "Be it enacted," That, from and 
after the passage of tliis Act, the Judges of the Probate Court, in the several Coun- 
ties in this State, may, and they are hereby, fully authorized and empowered to is- 
sue execution^!, when that is the necessary and proper process to carry into effect 
any order, sentence or decree of such Court. 

Sec. 117. If the Judge of Probate shall charge any other fees than those allowed 
by law, he shall forfeit tlie party injured ten times the amount of excesa of fees 
so improperly charged; to be recovered by action in the Court of Common Pleas. 

114. Form of return to Judirp, bv Commissioners. lb. lb. 

115. Aboroval ol Judge encior«ecl. lb. 

116. Judges of Probate may issue executions. 15 Stat. 23. 

117. Fees of Ju.Ikbs lo be tnose allowed by law. Gen. Stat. 178. 




MANUAL. 177 



Of Trial Justices. 



CHAPTER X. 



OF THE 



OFFICE UNO JURISOICTIOHP ML JOSTICES, 



OF THE OUTIES OF COflSTllBLES, 



Section 1. The Governor, by and with the advice and consent of the Senate, 
shall, from time to time, appoint and commission, in the several counties of the 
State, a suitable number of Trial Justices. 

Sec. 2. Such Trial Justices shall be distributed as the convenience of the sev- 
efal Counties requirrs, and the number in commission shall not exceel : lu Ab- 
beville, nine ; Anderson, sixteen ; Barnwell, ti-n ; Beaufort, ten ; Charleston, twen- 
ty-four ; Chester, eight ; Clarendon, six ; Colleton, ten ; Chesterfield, four ; Darling- 
ton, eight ; Edgefield, eight; Fairfield, eight ; Georjxetown, five ; Greenville, eight ; 
Horry, six ; Kershaw, six ; Lancaster, four; Laurens, five; Lexington, seven; 
Marion, six ; Marlboro, six ; Newberry, seven , Oconee, five ; Orangeburg, seven ; 
Pickens, five ; Richland, eight ; Si)artanburg, twelve ; Sumter, eight ; Union, eight ; 
Williamsburg, eight ; York, eight. 

Sec. 8. Trial Justices shall be commissioned and hold their otEces for the term 
of two years, unless sooner removed by the Governor. If a Trial Justice changes 
his domicil, and removes therefrom the distance of three miles, his authority and 
jurisdiction as such Justice shall thereupon cease, and another Trial Justice may 
be designated and appointed in his place. 

Sec. 4. The Governor is authorized to suspend from his office, for such causes 
as to him shall seem just, any Trial Justice, and to designate another person to 
perform the duties of such suspended officer, (who, in turn, may be removed and 
another designated,) and he shall report such suspension to the Senate, together 
with the name of the person designated by him to perform the duties of such sus- 
pended officer; and if the Senate confirms the person so designated, the officer 
suspended shall be regarded as removed, and the vacancy duly filled ; but if the 
Senate refuses to confirm him, the suspended otficer shall be restored to his office. 

1. How Trial .Justice to be appointed. 14 Stat., 376. 

2. Kuraber of Trial Justices allotted to the several Comities, respectively. lb, 377. 

3. Term of oflice; Ctiaiisre ot residence, lb. 

4. Ciovernor may Busuend for cause, and fhall report suspension lo benate. lb. 



178 MANUAL. 



Of Trial Justices. 



Sec. 5. Durino" the vacation of the Senate, the Govornor is authorized to ap- 
point Trial Justices, suhjcct to the approval of the Sennte, to act, unless sooner 
r.-moved by him, till the end of the nc^xt scRsion. If not a])proved by the Senate, 
said nppo Mtment shall cease attlie cud of tlio suid eession. 

Sec. 6. On receivin^r such conimisBlon, jir.d ht lore ontcrinji^ upon the duties of 
their offices, such Trial Justices sliaJl take and suljecribc, before the Clerk of the 
Court oi tli'eir respective Counties, the oatli required by Section 30, Articb> II, of the 
Constitution, and file tlie same in his office, unless in Counties where such Clerks 
niny not be qualified uccordintf to law ; and, in such case, the said oath shall be 
administered, and be filed in tlie oifice of the Secretary of State. And such Trial 
Justice may immedately enter upon the discharge of his duties. 

Sec. 7. That it shall not be lawful lor any jiersou exorcising- the ofl[ic3 of a Trial 
Justice within this State to keep any tavern, or to retail spiritous liquors, nor 
shall any Lcenso for retailing: t^pirituous liquors be granted to any person exercis- 
ing the office of a Trial Justice, nor to any j)erson or jiersons in his house or fami- 
ly, or for his emolument ; and if any person or persons shall ofii;nd against the true 
intent and meaning of this Section, he shall forfeit and pay the sum of two hun- 
dred and fifty dollars to any person or persons who will inform or sue for the 
same, and be forever thereafter rendered incapal)le of serving in the office of a 
Trial Justice of this State. 

Sec. 8. Trial Justices shall have and exercise, within their respective Counties, 
all the powers, authority and jurisdiction, in criminal cases, hereinafter set forth. 

Sec. 9. Trial Justices shall have jurisdiction of all offenses which may be sub- 
ject to the penalties of either fine or forfeiture not exceeding one hundred dollars, 
or imprisonment in the Jail or Work House not exceediutf thirty days ; and may 
impose any sentence witliin those limits, singlj- or in the alternative. 

Sec. 10. Tliey may punish by fine, not exceeding one hundred dollars, or im. 
prisonment in Jail or House of Correction not exceeding thirty days, all assaults 
and batteries, and other breaches of the peace, Avhen the offence is not of a high 
and aggravated nature, requiring, in their judgement, greater punishment. 

Sec. 11. They mnj' cause to be arrested all affrayers, rioters, disturbers and 
breakers of the peace, and all who go armed offensively, the terror of the people, 
and such as utter menaces or threatening speeches, or otherwise dangerous and 
disorderly persons. Perso s arri sted for any of said offinces sliall l)e examined 
by the Trial Justice before whom they are brought, and may bo tried before him, 
and, if found guilty, muy be required to find sureties of the peace, and be punished 
within the limits prescribed in Section 9, or, when the offjuce is of a high and 
aggravated nature, they may be committed or bound over for trial before the Court 
of General Sessions. 

Sec. 13. They shall have jurisdiction of larcenies by stealing of the property of 

another, of money, goods or chattels, or any bank note, bond, promissory note, 

bill of exchange, or ot!)er bill, order or certificate, or any book of accounts tor or 

concerning money or goods due or to become due, or to be delivered, or a\jy deed 

or writing cjntaining a conveyance of land or any other valuable contract in force, 

or any receipt, reliiiise or defeasance, or any writ, process or public record, if the 

property stolen does not exceed twenty dollars in value. 

5. Giivtrnoi- mav upijonii ia vac^ition. su'iject to approval of Senate. lo. 
0. Oaths ot offi e. by wlioiii ■id:tiii)istert' t. lb, 190 

7. Tihil Justice pro.iioitfd fro.ii kecpuisr tavern. 7 Stat., 269. 

8. Tiieir junsdic'ion in ciiiiiinal c.ises. 14 St;al., 403. 

9. Limit of penalty Tiiai .lustico uin.v imi'ose. lb. 

10. Pines I'or assaults anil breaches ol llie oeace. lb. 

11. 'IMiey mav arrest noiers. anil liohi to bail or coniniit, ib. 
1;!. lo have juiisdiction I'l petit l:ii\'t nii;s. Ih, -lo:l 



MANUAL. 179 



Of Trial Jufitices. 



Sec. 13. They shall have jurisdiction of the oflTcnces of buying, receivings, or 
aidinjx in the concralm'^nt of stolon jofoods and other property, where they would 
have jurisdiction of the larceny of the same goods or prop(!rty. 

Sec. 14. Tlicy shall hr.ve jurisdiction of the offoncos of obtaining property by 
nny false pretence, or by any i)rivy or false token, or by any frame, device, sleight 
of hand, pretensions to fortune telling, trick or other means l>y the use of cards or 
otiier implements or instruments, where they would have jurisdiction of a larceny 
of the same property, and may punish said offences the same as larceny. 

Sec. 15. They shall cause to be arrested all persons, iound within their Coun- 
ties, charged v.ith any oflF iico, and persons who, after committing any offence with- 
in the County, escape out of the same ; examine into treasons, felonies, grand lar- 
cenies, high crimes and misdemeanors ; and c jmmit or bind over ior trial those 
who appear to be guilty of crimes or off 'j ices not within their jurisdiction, and 
punish those guilty of such offences within their jurisdiction. 

Sec. 16. All proceedings before Trial Justices, i'l crimimvl cases, shall be com- 
menced on information, under oatli, plainly and substantially setting forth the of- 
fence charged, upon which, and only which, slialla warrant of arrest issue ; and 
the information may be amended at any time before trial. 

All procecdinas before Trial Justices shall be summary, or %vith only such de- 
lay as a fair and just examination of the case requires. 

Sec. 17. Every person arrested and brought before a Trial Justice charged with 
an offence witliin his jurisdiction shall be entitled, on demand, to a trial by jury. 

Sec. 18. Trial Justices residing within tlie limits of the City of Charleston are 
vested with jurisdiction to try, determine and impose the penalties authorized by 
Ordinance of the City Council of Charleston. 

Sec. 19. Whenever a Trial Justice shall have issed a warrant for the arrest of 
any person charged with i\n offence alcove the grade of a mi.sdemeanor, such Trial 
Justice shall be authorized to select any citizen or citizens of the Coimly to exe- 
cute tho same, upon his enc'orsement upon the said warrant that, in his judg- 
ment, the selection of such person or persons w;ll be conducivjto the certain and 
speedy execution of the said warrant ; and the person or p rsons so selected shall 
have all the })ower3 now, or h;Teafter, confer ed by law upon any Constable within 
this State ; and any person or persons selected in the manner provided for in this 
Section, shall be requii-ed forthwith to proceed to execute the said warrant, and up- 
on his wiifully, negligently or carelessly tailing to make the arrest, or permitting 
the party to escape after arrest, be or they shall be punished, upon conviction, ou 
indictment, by fine and im[)risonmeut in the County jail, in the discretion of the 
Judge before whom the indictment may be tried ; said imprisonment not to be less 
than six months. 

Sec. 20. It shall not bo necessary for any Trial Justice, when any priiioner is 
produced for commitment or bail, on charge of a felony, to examine sucU priso.ier, 
and those that Ijring him ; such Justice may take the examination of any witness 
in behalf of the State, in the presence of the prisoner, allowmg such prisoner the 

13. lu puiiisii Mv recdiviuu' im ■ couc^aiiug :3iule;i wUjds. I j. 

14. Ootainiiis gonds on f.ilse pretences punishablt; as larceny. I'). 

15. To arrest esc.ipinz uffeiiders: To txiiuine and liud over lor hiz'x cii.Tie«, &c. lb. 
1(J. Ho* procjectiiics becan belore Trial .lustise ; To b.=! suiii-nary. lb. 

17. OffendPrs entitled to trial l>y jnry. lb. 

IS. Justices in Charleston to try cases under citv ordinances. 14 Scat , 333. 

19. May select anv citizen to execute warrant of arrs^t. lb, 660. 

'^0. Proccudiimi in Trial Jusuce Court ni lelonv. 11 Stat., 23. 



180 MANUAL. 



Of Trial Juf5tice8. 



ri^ht of cross-exnininiition. and reduce the testimony so tak >n to writing, read, tho 
same ov( r to tlie witncps, and require liimto Buliscribe ; and the Trial Justice shall 
return testimony thus taken to the office of the Clerk of tho Couit of General Ses- 
sions. 

Sec. 21. Upon information made of the materiality of any witness witliin tho 
State, to support atiy accusation made, or where the materiality of sucli witness 
shall lie within the knowledgf^ of any Trial Justice, he shall issue his warrant, rc- 
quiriiifr siich witness to appear before him or tlie next Ti'ial Justice, to enter into 
recognizance, with good pecurity, if deemed proper, wLicli warrant sliall authorize 
the arrest and detention oi any such witness, in any County in tiie State ; and on 
being brought before such Trial Justice, and refnsinff to enter into re ognizance, 
such Avitiicss may be committed by the said Trial Justice ; and the accused sliall, 
in felonies, and no other case, have the like process to compel the attendance of 
any witness in his behalf, as is granted or permitted ou the part of tlie State : Pro- 
vided, That no Trial Justice shall 'ccive any fees for issuing more than one war- 
rant for witnesses, on the part of the t'tate,. or upon the part of the accused, in the 
same case, unl ss, on the second or other application, oath shall be niade that 
the prosecutor or accused was not aware, at the issuing of the previous war- 
rant, of the materiality of such witness. 

Sec. 22. Any Trial Justice sliall be authorized and required to command all 
persons who, in his view, m^ay be engaged in violations, or disorderly conduct, to 
the disturbance of the peace, to desist therefrom, and to arrest any such person 
who shall reiuse obedience to his command, and to commit to jail any such person 
who shall tail to enter into sufficient recognizance either to keep the peace or to 
answer to on indictment, as the Trial Justice may determine. In like manner, he 
shall arrest and commit, if necessary, any person who, in his view, shall perpe- 
trate any crime or misdemeanor whatsoever. In maKing any such an-est, the Trial 
Justice shall have power to command any Constable, bystander, or the posse com- 
itatiis, as the emergency may require ; and any person who shall refuse to aid 
in such arrest, when required by the Trial Justice, shall be liable to indictment as 
for a misdemeanor. AVhenever there snail be an indictment for any oifence com- 
mitted in his view, the Trial Justice shall be the prosecutor; and he shall bind 
in recognizance all necessary witnesses. 

Sec. 23. Xo Trial Justice shall lei to bail any person charged with any offence, 
the punishment of which is death, but if it shall clearly apjiear, upon an examina- 
tion, that the charge is not founded in ijrobability, the party may be discharged. 
Sec. 24. That whenever any Trial Justice shall receive information in writing, 
and under oath, that any persmi or persons are about, to leave this State for the 
purpose of sending or receiving a challenge to fight a duel, or for the purpose of 
fighting a duel after such challenge shall have been sent or received, iti shall bo 
the duty of such Trial Justice forthwith, to issue his warrant for the arrest of such 
person or persons, to be carried before some Trial Justice, who shall require such 
persons to enter into recognizance in such sum as to such Trial Justice may seem 
meet, conditioned that such person or persons shall keep tiie peace within this 
State, and shall not leave the Slate for the purpose of eeuding or receiving a chal- 
lenge to fight a duel, or for the purpose of fighting a duel after such challenge has, 
been sent or received. 

21. Material witnesses in leloiiy to ue bound in recottniz nice ; also wii.iesses lor deiendaiit • 
Fees only allowcu lor one warrant. lb. 22, 

22. May commanu the peace, anil arresl all disturijers; ami call oni posse comitatus. lb, 21. 

23. NoL to rake bail in capital cases. lb, 22. 

24. To arrest parlies about to %in a (luel,.niii binil them uver. 12 Slat.. G06. 



MANUAL. 181 

Of Trial Justices. 



Sr.c. 2?J. Or. tlie detennination of any Icaso, in wriiing or by parol, of any laii'ls 
nnd ti'uoments, within this Statf, whi.-a tho lessee shall bold over thcreiil'ter, any 
two Tr.al Justicje, in the Coun y wher3 the same may be situated, are authorized 
and Tcquricd, on the complaint and due proof thereof .by auy lessor, his heirs or 
asslpns, to jdace the naujes of twenty-four neighboring freeholders in a box, 
iind from ihcni draw the names ol eighteeu, and s'.iall thereupon issue their war- 
rant, in the juiture of a summons, directed to ihe Sheriff, or any Constable of the 
Countv, commanding sucli oMicer to summon the said eiijhteeii freeholders to at- 
tend at a certain time within four days, and a piaci appointed, and from the ^said 
oitrhteen IroehoJdcrs so suminoncLl twelve sli 11 be drawn in the same maimer, who 
shall be empaunelled to try the facts: P;-^^^?^/, That if from the said eighteen 
go summoned the numberof tw. Ive cannot, from any cause, be had, the Trial Jus 
tecs are authorized to complete th.^ number from tm- remainder originally select- 
ed. A)td tlie said Trial Justic&s shall also summon the said lessee, or any other 
person claiming or coming into possession under him, at the same time, and in the 
same way, likewise to appear before them, to show cause-, if any, such lessee or 
other person may have, why posscssionof the premises should not be forthwtu 
restored to such lessor, his heirs or assigns ; a:id if, upoa liearing the case, the jury 
shall be satisfied that the complainant is entitled to the ])0ssessic:i in question, 
theysliall so find, whereof the Justices shall make a rccjrJ, and sli:ill thereupon 
issue their warrant, diroctel to the Sheriff of tLe County vvherein the lands are sit- 
uated, commanding him forthwith to delivjr to such lessor, his heirs or assigns, 
full possession of the prLinis:s, and to levy all expens"S iuciu-red of the goods and 
chattels of tlie lessee, or the person in possession as aforesaid. 

Sec. 2U. That the forms and proceedings before Trial Justices, in casasof forci- 
Ide entry and detainer, shall be tUe s 'ma as are prescribed by law in c.isjs where 
tenants liold over, after the expiration of their leases. 

Se(^ 27. That w'.ieu any ])erson or person? have gone, or .shall hereafter go, in- 
to jjossession of any lands or tenements of another, either as a tenant at will, or 
under a contract to .serve another, either as a dome^^tic servant or common labor- 
er, or otherwi.se, and .shall refuse or neglect to quit the jiremises so occujiied, 
v.heu recpiired by the per.-on letting the same, or upon the termination of the con- 
tract, either by its own limitation or from any other cau.?e, it shall be lawful for 
the ])erson letting tlie ])remises to apply to any Trial Justice, whose duty it shall 
be to have a notice served upon the person or ]>ersous so refusing to quit, to show 
cause before him, at the expiration of ten day.s from the personal service of such 
jiotice, why he should not be ejwted, and if no sufficient cause be then shown, it 
i-hall be tlie duty of the Trial Justice forth.witli to issue his warrant, directed to 
tlie Sheriff or any Coutitable, requiring him, without delay, to eject such person 
or ])ersous from the premises so let, and authorizing liim to u.se oUch force as mav 
be necessary. 

Sec 28. That if any per.son .«hall have gone into, or ."liall hereafter go into po.s- 
er-ssion of any land.s or teiiementt^ (jf another, without his coiLseiit, or without war- 
rant of law. it .shall be lawful for the owner of the land so trespassed upon to ap- 
])ly to any Trial Justice to serve a notice on such trespasser to quit the premises, 

a") 'liiiai-.ts iio aiiis ovfr may be rw-niovad ; li iw. 5 S:..c . 670 —0 67.— 11 3L 
2ij. Pioct-eilioas in loicibie entry aia cleiumer. 6 Stji.. 33S — 2 Hiii. 3C7. 

27. Miiiiiia Ol urocteliiii in t;.KTtiuj; leiiaiit. 13 Stat., 416. 

28. 1 o eject irtispasscrs Dy lurce, after nuiice; Plov!^u. lo, luS. 



182 MANUAJL,. 

Of Trial Justices. 



and if, after the expiration of five days from the personal s'^rviro of such notice, 
hui-h tn-spassor rcfusec; or neglects to quit, it !--hall then l)e tlic duly of such Trial 
Justice to issue his warrant to any Sheriff or Constable, requiring liini forthwith to 
eject su(;h trespasser, usin^j such force a( may be necessary : Prickled, hutoroer. 
That if the person in possession shall, before tlie ex))iration of the said five days, 
appear bef(jre such Trial Justice, and satisfy hini that he has a color of claim to 
the possession of such premises, and enter into bond to the person claiming the 
land, with good and sufficient security, to be approved by the Trial Justice, condi- 
tioned for the payment of all such costs and expenses as the person claiming to be 
the owner of land may incur in the successful establishment of his claim, by any 
of the modes of proceeding provided by law, the gaid Trial Justice shall not issue 
his warrant as aforesaid. 

Sec. 20. The Trial Justice shall be entitled to demand and receive from the 
person a])plying for the warrant provided for in the two preceding Secti<ms, a fee of 
five dollars before issuing the same, and the Sheriff or Constable shall, in like 
manner, be entitled to demand and receive a fee of five dollars and mileage be- 
fore executing sn<h warrant, from the person ap})lying for the same. 

Sec. 30. Either )>arty to a suit before a Trial Justice shall h^i entitled to a trial 
by jury. 

Sec. 31. In civil cases, the parties may agree on a jury ; but Avheu ihey do not 
agree, and also in criminal causes, a jury shall be selected in the following man- 
ner : The Sheriff, Constable, or other officer appointed by the Trial Justice, shall 
write and fold up eighteen ballots, each containing the name of a resi)ectable voter 
of the vicinity ; he shall deliver the ballots to the Trial Justice, who shall put 
them into a box, and shake them together, and tiie officer shall draw out one, and 
the person so drawn shall be one of the jury, unless challenged by either party ; 
and the oflicer shall thus proceed until he have drawn six, who shall not be chal- 
lenged ; but if the first tv.'elve shall be challenged, and the parties do not agree to 
a choice, the last six shall be the jury ; and when any of the six jurors so drawn 
cannot be had, or are disqualified by law to act in such case, and the })arties do 
not supply the vacancy by agreement, the officer shall proceed to prepare, in the 
manner before directed, ballots for three times the number thus deficient, which 
shall be drawn antl disposed of as above |)rovid( d. 

Sec. 32. If any juror so summoned shall neglect or refuse to a])pear, in obedience 
to such venire, and shall not, within forty eight hours, render to the Trial Justice 
who issued the venire a sufficient reason for his delinquency, he shall forfeit and 
pay a fine of two dollars to the Treasury of the County where the cause is tried, 
to be assessed by such Trial Justice, and collecti'd on his warrant, without other 
process. 

Sec. 83. Every Trial Justice shall have power to enforci; the observance of de- 
corum in his Court while holding the same ; and, for that purjiose, he is authorized 
to jjunishany person who shall, in the piesence of the Couit,( ffer an insult to him- 
self or a juror, or who shall be willfully guilty of any undue disturbance of his 

2!l. Fees o( Justice and Constable in ejecion. lb, 409. 

:H). Either [lariy in civil sua entitled to iuiy trial. H Stut., 103. 

::l. M:niner o! sejcctuii; ju;v, lb. 

ti'i. I"(Mialty Inrdehnqiu-i.cv as jui-or. "lb. 

J>o. I'uiiitli.i.e.it tor cumcaipts. 11 Mat., 2". 



MANUAL. 183 



Of Trial Justice.". 



]>roce(?dlnirs wliile sitting officially, as for a contempt, by fine and imprisonment 
either or botli, not exceeding twenty dollars fine, and twelve hours' imprison- 
ment. 

Sec. 84. Every person convicted before a Trial Justice of any offence whatever, 
and sentenced, may appeal from the sentence to the next Term of the Court of 
(weueral Sessions for tlie County. The ai)])elant shall be committed, to abide the 
sentence of said Court, until he reco<rnize to the State in such reasonable sum, and 
with sucli sureties, as the Court requires, with condition to appear at the Court 
appealed to, and at any subsetiuent Term to which the case is continued, if not 
jireviously surrendered and discharged, and so, from Term to Term, until the final 
decree, sentence, or order of the Court thereon, and to abide such final sentence, 
order or decree, and not depart without leave ; and, in the meantime, to keep the 
l)eace, and be of good Ijehavior. 

Oi:i<r:E3Fl-A.Xji I'OX'C^iEI^Si -<a.3>J-X> X>XJ'r'X3E3IS. 

Sec. 83. Every Trial Justi<'e shall have iiower to administei- any oi'.tli, author- 
ized or required by law to be taken, and not directed to be administered by anoth- 
er authority ; and any oath so administered shall, to all intents and purposes, be 
binding and effectual in law. 

Sec. 36. Any Trial Justice, on tlie application of any party to a cause depend- 
ing before him shall have j ower and is required to issue a summons citing any 
person, wnose testimony may be required in such, to appear before him at a cer. 
tain time and place, not more than twenty miles from the residence of such wit- 
ness, to give evidence, which summons shall be served personally, at least three 
days before such attendance is required ; and if such person sha] l/ieglect or refuse 
to attend, the Trial Jutico shall have power to issue a rule commanding such wit- 
ness to be brought liefore him ; or if any witness attending shall refuse to give ev - 
dence without good caute shown, the Tria"; Justice may commit him to the ja'l of 
the County, as for .a contempt not longer than one day, as well as fine him in an 
amount not exceeding ten doUars; the costs of rale, commitment, and detention 
in custody, as well as of the fine so im|»sed, may be levied of the goods and chat- 
tels of such recusant witness, on the order of such Trial Justice, directed to anv 
Constable of the County, as in cases of execution. 

Sec. 37. In case it shall appear to the satisfaction of any Trial Justice aforesaid 
that the atteadance of any ^vitness whose testimony may be required in any cai5e 
before him cannot be had by reason of extreme age, sickness, or infirmity, or of 
indisi)ensable absence on i)ublic oflBcial duty, or in consequence of intended remov- 
al from tiie State before the cause can be otherwise ready for trial, or where such 
witness may be resident in another County, or without the limits of the State, to 
take the examination of such witness in writing, or cause the same to be done by 
another Trial Justice, to be used in evidence on the trial of tlve case : Prorided, 
That the parties to such cause shall have notice thereof in time to be present, if 
tliey or either should dioose to be i)resent: Prodded, also. That when such exam- 
ination is so made by another, it shall be sealed up, with the title of tlie case en- 
dorsed, and conveyed l>y a disinterested pereon to the Trial Justice authorizing 
the same. 

SA. Purlj Cm. video may appeal to liiai.er Court. 14 Siat.. 401. 

35. 'I'rial J sticepiiipuv. ered in a(l,:.iuisi,er oailis. 11 btat., 30. 

36. To su nmoii witnesses; reiusal in tesiit'v li.ivv puuisusl. lo, 23. 

37. .\luj take tlcpositivu.s mi cci'tain cises. Ilj. 



184 MANUAL. 

Of Trial Justices. 



Sec. 38. Any Trial Justice is authorized and recjulred to {,nve, on jiroper afRda- 
vit, an order for rcasoLMibie bail, in any action wherein bail may be proper, but 
not, of course, at the time of commencing, or during the pendency thereof, in any 
Court of Common Pleas in the County where such Trial Justice resides. He may 
also take releases of inheritance and renunciations of dower. 

Skc. 31). Any Trial Justice of the County is authorizcnl and required to exercise 
all the powers, and discharge all the duties of the Coroner, in holding incjuest over 
the bodies of deceased persons, and taking all proj)er proceedings therein, accord- 
in to the laws of force, in all cases where tiie Coroner of the County may be sick, 
or absent, or at a greater distance than fifteen miles from the proper place for 
such in(jiiiry, or where the office is vacant. 

Sec. 40. Any two Trial Justices are authorized and required to grant the writ 
of habeas corpus as fully, effectually and lawfully as may any Judge of the Court 
of Common Pleas and General Sessions or Judge of the Supreme Court of this 
State; and if any Trial Justice shall willfully refuse, neglect, or omit lo grant the 
writ of habeas corpus to any person or persons requesting or demanding the same, 
who shall be legally entitled to request or demand the same, he shall forfeit, for 
said default, the sum of five hundred dollars. 

Sec. 41. Each Trial Justice sliall keep two books, the one for civil, the other 
for criminal cases, wherein he shall insert all his proceedings in each case by its 
title, showing the commencement, progress and dermination thereof, as well as 
all fees charged or received by liim ; and shall produce the same when required 
for the inspection of the Solicitor of the Circuit ; and at the expiration of his term 
of office he shall deposit the same in the Clerk's office for the County for which he 
was ap])ointed. 

Sec. 42. All papers pertaining to the Court of Sessions shall be returned by 
each Trial Justice to the Clerk, at least ten days before the ensuing term of the 
said Court, except such as may have been issued or received by him subsecjuent 
to that time, which shall be returned on the first day of the term, under tlie penal- 
ties in the following Section prescribed ; and every such paper shall be of a size 
not less than half a sheet of foolscap, folded in the same manner that writs are 
when issued, and shall be endorsed legibly with the title of the case, nature of 
the offence, kind of proceeding, and the Trial Justice's name. 

Sec. 43. On their failure to return such papers to the Clerk, as directed in the 
])recaeding Section, they shall not receive any fee or compensation for issuing or 
taking the same, unless it shall appear that the offence was committed or the in- 
formation made subsequent to such day, or by the return of the Sheriff, Consta- 
ble or other officer execntlng such warrant or otlier process, to be made on oath 
that the same could not be executed by him in time therefor ; and they shall be 
Bubiect to the payment of a fine of five dollars for every such default, within the 
discretion of the Court, to which a rule thereof shall be made returnable. 

Sec. 44. All fines and penalties imposed and collected by Trial Justices in 
criminal causes shall be forthwith turned over by them to the County Treasurers 
of their respective Counties, for County purposes ; Provided, That when, by law, 

38. .Mav take releises of dower, iiiid inlie)it;ince. lo, 30. 

39. 'lo act lis Coroner in certain cases. lb, 33. 

40. T *o Trial .Insticca to ci:int writ ot habeas corpus; Penalty forrefosal. 2 Sial., 400—11 38. 

41. Trial .Justice to keep record books, for civil and ci-iuiinal cases, lo, 22. 

42. Jo return papers in me btssions loCleik. II), 23. 

43. IV-iiall .or neglcci lo reiuri) Papers. •-^tat., 5.)2. 



MANUAL. 185 



Of Trial Jiitstices. 



any person or jjersons is or are entitled, as informer nr informers, to any portion of 
the fine or ])enalty imposed nud collected, the same shall be immediately paid over 
to him or them. 

Sec. 45. If any Trial Justice shall neglect or refuse to immediately pay over 
any and all fines and ])enaltics collected by him in any criminal cause or jiroceed- 
ing, he shall, on conviction tliereof, be subject to a fine of not less than one hun- 
dred nor more than one thousand dollars, and imprisonment not less than three 
nor mor.' than six m.mths, and shall be dismissed from office, and be dis'jualified 
from holding any office of trust and pnjtit under the State of South C.irolina. 

Sec. 4G. Any Trial Justice, according to the e.<tablislied forms of proceeding for 
ofTences against this State, (at the expcmse of the United States, and to be tried 
by such Court of the United States as may have cognizance of the offence,) may 
order the arrest, imi)risonmeut or bail of a person charged with a crime or offence 
against the United States, alleged to have been committed within this State ; and 
a copy of the process shall be returned as speedily as may be into the office of the 
Clerk of such Court, together with the recognizance of the witnesses for their ap- 
pearance to testify in the case, which recognizance any Trial Justice may require 
on pain of imprisonment ; and if such offender be committed within a County iu 
which the offence cannot be tried, the Trial Justice ordering tlie arrest shall issue 
his warrant for the removal of the offender and witnesses to the proper Coun- 
ty. 

Sec. 47. Trial Justices shall be entitled to the same fees for issuing rules against 
Constables, and hearing the return thereto, as they are allowed by law for issu- 
ing a summons, and trying a small and mean cause. 

Sec. 48. No account of a Trial Justice, for fees, in any criminal cause, shall be 
paid, unless he shall declare, on oath, that the said costs in the said cause have 
not been recovered of the defendant, and that he, the defendant, was unable to 
pay the same; and, further, that all fines and penalties theretofore collected by 
such Trial Justice, have been faithfully and fully ])aid over to the County Treas- 
urer of the County. 

Sec. 49. If any Trial Justice shall chargn any other fees or for any otherservices 
than herein allowed by law, he shall be liable to forfeit to the i)arty injured ten 
times the amount of excess of fees so im])roperly charged, to be recovered by suit 
in tlie Court of Common Pleas. 

Sec. 50. Each and every person appointed to take the Census shall, before en- 
tering upon the duties of his office, take, before some Trial Justice, the followin"- 
oath, to wit: "I, A. B., do solemnly swear (or affirm, as the case may be,) that I 
will honestly, faithfully and impartially take a correct census of all the inhabi- 
tants residing within the portitm of the County to which I have been appointed as 
Census Taker, and will, in all respects, truly perform all the duties with which I 
am charged : So help me Ctod." And a certificate from the Trial Justice who shall 
administer the said oath that the same has been duly taken before him, shall ac- 
company and be dehvt-red with each and every return of the census. 

44. Fmex and forfeitures coUected to be p.iid over to County Treasurer. 14 btii., 055. 

45. Failure to oav over money, tiovv punished. lb, 650. 

46. .^I;ly arri-st lor crimes ugainst U. S., and return process to U. S. District Court 11 Stut., 2. 
Act of Concress. 1789, C:iap. 23. 3:i 

47. Fees for issuiti? rule a;;;iinsi Constable. 11 Sta'., 301. 

'is. Special oaths to be taken before accounts are judit-d ,ind paid. 14 Stat., 656. 

4fi. PennUv lor ni:ikinz unautlionzod charges. Id. 

5U. Trial Jui^licesi to ;!;lminisirr ciath= tc Census takers. lo, ai9. 



186 MANUAL. 



Of Trial Justices. 



Skc. 50. Trial Justices sliull liavc civil jurisdiction in the following actions, and 
no otliers ; 

1. In actions arising on contnicts for the recovery of money only, if tlie sum 
claimed does not exceed one hundred dollais. 

2. An action for damages for injury to rights ])ertaining to the person, or tlie 
personal or real projierty, if the damages clain.ed do not exceed one hundred dol- 
lars, and in cases of bastardy. 

u. An action for a ])enalty, lin(M)r forfeiture, where the amount claimed or for- 
feited does not exceed one liundred dollars. 

4. An action commenced by attachment of property, as now provided by statute, 
if the debts or damages claimed do not exceed one hundred dollars. 

5. An action upon bond conditioned for the payment of mouey, not exceeding 
one liundred dollars, though the penalty exceed that sum, the judgment to be giv- 
en for the sum actually due. Where the payments are to be made by installments, 
an action may be brought for each installment as it becomes due. 

6. An action upon a surety bond taken liy them, where the penalty or amount 
claimed does not exceed one hundred dollars. 

7. An action upou a jad<i-ment rendered in a ("ourt of a Trial Justice or an infe- 
rior Court in a city where such action is not prohibited by Section ninety-four. 

8. To take and enter judgment on the cimfession of a defendant, where the 
amount confessed does not exceed one hundred dollars, in tlie manner prescribed 
by law. 

9. An action for damages, fraud in the sale, purchase or exchange of personal 
properly, if the damages claimed do not exceed one hundred dollars. 

10. An action to recover the po.ssession of personal property claimed, the value 
of which, as stated in the affidavit of tlie X)laintiff, hia agent or attorney, shall not 
exceed the sum of one liundred dollars. 

The plaintiff in such action, at the time r.f issuing the summons, but not after- 
wards, may claim the immediate delivery of sucli property as hereinafter provid- 
wl. 

Before any process shall be issued in an action to recover the possession of per- 
sonal property, the plaintiff, his agent or attoiney, shall make proof by affidavit, 
showing : 

1. That the plaintiff is the owner, or entitled to immediate possession, of the 
property claimed, particularly dcschbing the same. 

2. That such property is wi'ongfully witliheld or detained l)y tlie defendant. 

3. The cause of such detention or withholding thereof, according to the best 
knowledge, information and belief of the ])crs()ii making the affidavit. 

4. That the said personal ))roperty has not been taken for any tax, fine or as- 
sessment,, ])ursuant to statute, or seized by virtue of an execution or attachment 
against the property of said plaintiff ; or, if so seized, that it is exempt from such 
seizure by statute. 

.1. The actual value of said personal ])ro]iertv. 



51. .Juiiscliction at Tn:.l Jusiicis as cUflued by tl:e Code o' Pruce lure. Geu. Stat., 



630. 



MANUAL. 187 



Of Trial Justices. 



On n'cei]it of such affidavit, and an undertaking-, in \vritin<2f, executed by one or 
more sufficient sureties, to be approved by the Trial Justice before whom such ac- 
tion is commenced, to the effect that they are bound in double the value of such 
property as stated in said affidavit, for the prosecution of said action, and for the 
return of said property to the defendant, if return thereof be adjudged, and for 
the payment to him ol such sum as may, for any cause, be recovered against f;aid 
j)laiutiif, the Trial Justice shall endorsi; upon such affidavit a direction to any 
Constable of the County in whi(;h said Trial Justice shall reside, recjuiring said 
Constable to tak(! th(; projx'rty describt'd therein from the defendant, and keep 
the same, to be disposed of according to law; and the said Trial Justice shall at 
the same time issue a summons directed to the defendant, and requiring liini to ap- 
pear before said Trial Justice at a time and place to be therein specified, and not 
more than twelve days from the date thereof, to answer the complaint of said 
l)laintiff ; and the said summons shall contain a notice to the defendant that, in 
case he shall fail to appear at the time and jdace therein mentioned, the plaintifp 
will have judgment for the possession of the ])roperty described in said affidavit, 
with the costs and disbursements of said action. 

The Constable to whom said affidavit, endorsemtnt and sunamons shall be deliv- 
ered, shall forthwith take the pro])erty described in said affidavit, if he canfijid the 
same, and shall keep the same in his custody. He shall thereupon, without delay, 
serve upon said defendant a copy of such affidavit, notice and summons, by deliv- 
ering the same to him personally, if he can be found in said County ; if not found, 
to the agent of the defendant in whose possession said properly shall be found ; 
if neither can be found, by leaving such copies at the last or usual place of abode 
of the defendant, with- some person of suitable age and discretion. And he shall 
forthwith make a 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 at least two days before 
the return-day of said summons, serve upon plaintiff, or upon the Constable who 
made such service, a notice in writing that he excepts to the sureties ia said bond 
or undertaking ; and if he fail to do so, all objection thereto shall be waived. If 
such notice be served, tlie sureties shall justify, or the plaintiff give new sureties 
on the return-day of said summons, who shall tlien appear and justify, or said Tri- 
al Justice shall order said property delivered to defendant, and shall also render 
judgment for defendant's costs and disbursements. 

At any time before the return-day of said summons, the said defendant may, if 
he has not excepted to plaintiff's sureties, retjuire the return of said property to 
him upon giving to the plaintiff, and filing the same with the Trial Justice, a writ- 
ten undertaking, with one or more sureties, who shall justify before said Trial 
Justice on the return-day of said summons, 1o the effect that they are bound in 
double the value of said i)roperty, as stated in plainlilT's affidavit, for the delivery 
thereof to said plaintitf, if such delivery be adjudged, and for the payment to him 
o^'such sum as may for any cause \h'. recovered against said defendant ; and if such 
return be not required before the return-day of said summons, the property shall 
be delivered to said defendant. 

Sec. 52. The qualification of br.ilmust be as follo^vs : 

1. Each of them must be a resident, and householder or freeholder wilhin the 
State. 

2, They must each be worth th:' amount spccilied in the (U'der of arrt-st, exclu 
give of property eKcm[it fr )iu cxe.-'ii!; )ii ; but tin- Jadg"or a Trial Justice, on jus- 



188 MANUAL. 



Of Trial Jiisticea. 



tification, may allow luon' llian two bail to justify severally in amounts less than 
that expressed in the order, if the wliole justification, be ecjuivalent to that of two 
Bufficieut bails. 

Sec. 58 For the jiuposc of justification, each of the bail shall attend before the 
Judge or a Trial Justice at tiie time and i)]ace mentiouful in the notice, and may 
be examined on oath, on the part of the ])laintijf, touching his sufficiency, in such 
manner as the Judge or Trial Justice, in his discretion, may think proper. The ex- 
amination shall be reduced to writing, and subscribed by the bail, if required by 
the ])laiuti!T. 

Sec. 54. If the Judge or Trial Justice find the bail sufficient, he shall annex the 
examination to the iindertaking, endorse his allowance thereon, and cause them 
to be filed with the Clerk ; and the Sheriff shall, thereujion, be exonerated from lia- 
bility. 

Sec. 55. If the property, or any part thereof, be concealed in a building or enclos- 
ure, the Constable shall publicly deinajid its delivery. If it be not delivered, he 
shall cause the building or enclosure to be broken open, and take the property in- 
to his possession ; and, if necessary, he may call to his aid the jiower of his Couu- 

Sec. 56. When a Constable shall have taken property, as in this Chapter pro- 
vided, he shall keep it in a secure i)Iace, and deliver it to the'paity entitled there, 
to upon receiving hia lawful fees for taking, and his necessary expenses for keep- 
ing the same. 

Sec. 57. If the property taken be claimed by any other person than the defen ■ 
dant or his agent, and such person make affidavit of his title thereto, and right to 
the possession thereof, stating the grounds uf such right and title, and serve the 
same upon the Constable, the Constable shall not be bound to keep the property, 
or deliver it to the plaintiff, unless the plaintiff, on demand of him or his agent, 
shall indemnify the Constable against such claim, by an undertaking, executed by 
tw) sufficient sureties, accompanied by thsir affidavits, that they are each worth 
double the value of the property as specified in the affidavit of the plaintiff, and 
freeholders and householdeis of the County. And no clain to such property, by 
any other person than the defendant or his agent, shall be valid against the Con- 
stable, unless made as aforesaid ; and notwithstanding such claim, when so made, 
he may retain the property a reasonable time to demand such indemnity. 

The actions so commenced shall be tried in all respects as other actions are tried 
in Trial Justices' Courts. 

The judgment for the plaintiff may be for the possession, or for the recovery of 
the possession, or the value thereof, in case a delivery cannot be had, and of dam- 
ages for the detention. If the property have been delivered to the plaintiff, and 
the defendant claim a return thereof, judgement for the defendant may be for the 
return of the property, or the value thereof, in case a return cannot be had, and 
damages for taking and holding the same. An execution .shall be issued thereon, 
and if the judgment be for the delivery of the possession of personal property, it 
shall re;juir_' the officer to deliver the possession of the same, particularly describ- 
ing it, to the i)arty entitled thereto, and may, at the same time, require the officer 

Hi. 58. QuiliScuionoI bail: .Iiisnficaiiofi or bail. lb, 532, 533. Rules oi Couri. 

54. AllovVi'-nce oi bail, -when Slierill' exoner.ited. lb. 

55. 5G. Concealed piopt"rty, liow recovered : How nropeitj tiiken to be kept. lb. lb. 
57. Proceediiixs if t lirJ pirty claim property. la. 



MANUAL. 189 



Of Trial Justices. 



to satisfy any costs or damages recovered by the same judgment out of tlie per- 
sonal property of tlie party against whom it was rendered, to be specified therein, 
if a delivery thereof cannot be had. The execution shall be returnable within sixty 
days after its receipt by the officer, to the Trial Justice who issued tlie same. 

In all actions for the recovery of tlie possession of personal property, as herein 
provided, if the property shall not have befii delivered to the plaiutiff, or the de- 
fendant, by answer, shall claim a return thereof, the Trial Justice or jury shall as- 
sess the value thereof, and the injury sustained by the prevailing party bv reason 
of the taking or detention thereof, and the Trial Justice shall render judgment 
accordingly, with costs and disbursements. 

If it oUall appear by the return of a Constable that he has taken the property 
described in the plaintiff's affidavit, and that defendant cannot be found, and lias 
no last place of abode in said County, or that an agent of defendant could not be 
found on whom service could be made, the Trial^ Justice may pnjceud with the 
cause in the same manner as though there had Ijeen a personal service. 

For the indorsement on said affidavit the said Trial Justice shall receive an ad- 
ditional fee of twenty-five cents, which shall be included in the costs of the 
suit. 

Sec. 58. But no Trial Justice shall have cognizance of a civil action : 

1. In which the State is a party, excejiting for penalties not exceeding one hun- 
dred dollars ; 

2. Nor where the title to real property shall come in question ; 

3. Nor of a civil action for an assault, battery, false imprisonment, libel, slan. 
der, malicious prosecution, criminal conversation, or seduction, where the dama- 
ges claimed exceed one hundred dollars ; 

4. Nor of an action against an executor or administrator, as such. 

Sec. 59. In every action brought in a Court of Trial Justice, where the title ta 
real property shall come in question, the defendant may, either with or without 
other matter of defence, set fortli in his anwwer any matter showing that such 
title will come in question. Such answer shall be in w-riting, signed by die de- 
fendant or his attorney, and delivered to the Trial Justice. The Trial Justice 
shall thereu])on countersign the same and deliver it to the plaintiff. 

Sec. go. At the time of answering, the defendant shall deliver to the Trial Jus 
tice a written undertaking, exectiti'd by at least one surety, and approved l)y the 
Trial Justice, to the eilect that if the plaintiff shall, within twenty days thereafter, 
deposit with the Trial Justice a summons and complaint in an action in the Cir- 
cuit Court for the same cause, the defendant will, within twenty days after such 
deposit, give an admission in writing of the service thereof. 

Where the defendant was arrested in the action before the Trial Justice, the un- 
dertaking shall further provide that he will, at all times, render himself amenable 
to the process of the Court duriug the pending of the action, and so much as may 
be issued to enforce the judgment therein. In case of failure to comply with the 
undertaking, the surety shall be liable not exceeding one hundred dollars. 

Sec. 61. Upon the delivery of the undertaking to the Trial Justice, the action 
before him sha^l be discontinued, and each party shall pay his own costs. The 



5(<. Trial Justice not lo nave juiiBdiction in certain cases, lb, 534. 

59. Answer ot Tula. lo. 

60. Defendant to tile umlertaUin;:. lb. 



190 MANUAL. 



Of Trial Justicep. 



costs so paid by citaer party sliall be allowed to liim if lie recover costs in the ac- 
tion to be brouglit for the same rauso in tlio Circuit Court. If no sucii action be 
brouc'lit within thirty days after the delivery of the uiulertakinfar, the defendant's 
costs before the Trial Justice may be recovered of the plaintiff. 

Skc. G2. If the undertakinn: l).; not deliver.^'d to tlie Trial Justice, lie shall have 
jurisdiction of the cause, and shall prot-eed therein ; and the defendant Shall be 
precluded, in his defeucj, from drawing the title in question. 

Sec. G3. If, however, it appear on the trial, from the plaintiff's own showing, 
that the title to real property is in question, and such title Shail be disputed by tiie 
defendant, the Trial Justice shall dismiss the action and render judgment against 
the plaintiff for the costs. 

Sec. 64. When a suit before a Trial Justico shall be discontinued by the delive- 
ry of an answer and undertaking, as provided in Sections fifty nine, sixty and 
sisty-Dne the plaintiff may prosecute an action for the same cause in the 
Circuit Court, and shall comjdain for the same cause of action only on which he 
relied before the Trial Justice ; and the answer of the defendant shall set up tlie 
same defenca only which he made before the Trial Justict;. 

Sec Go. If the jud^iment in the Circuit Court be for the plaintiff, he shall re'-- 
cover costs ; if it be lor the defendant, he shall recover costs, except that upon a 
verdict he shall pay costs to the plaintiff, unless the Judge certify that iho title to 
real proj^erty came in question on the trial. 

Sec. 60. If, in an action before a Trial Justice, the plaintiff has several causes of 
action, to one of which the defence of title to real i)rouerty shall be imposed, and/ 
as to sucn cause, the defendant shall deliver an answer and undertakiufr, as pro- 
vided in Sections fifty-nine and sixty, and the Trial Justice shall discontinue 
the proceedings as to that cau83, and the plaintiff may commence another 
action therefor in the Circuit Court. As to the other caused of action, the Trial 
Justice may continue his proceedings. 

Sec. 67. A Trial Justice, on the demand of a party in whose favor he shall have 
rendered a judgiueat, shall give a transcri{)t thereof, which may be filed and dock- 
eted in the office of the Clerk of the County where the judgment was rendered. 
The time of the receipt of the transcript by the Clerk shall be noted thereon and 
entered in the docket, and from that time the judgment shall be a judgment of 
the Circuit Court. A certified transcript of such judgment may be filed and dock- 
eted in the Clerk's office of any other County, and with the like effect, in every 
respect, as in the County where the judgment was rendered. But no such jndif- 
meat for a less sum than iweuty-five dollars, exclusive of costs, shall be so docketed 
or enforced against real property. 

Sec. 63. The following ruhis sliall be observed in the Courts of Trial Justices : 

1. The pleadings in th('«e C mrtw are : 1. The complaint by the plaintiff; 2. The 
answer oy the defendant. 

2. The pleading.s may 1)3 oral or in writing ; if oral, the suoHtauce of them shall 
b e entered by the Trial Justice in his docket ; if in writing, they shall be filed by 

61. Action discoi) tinned ; Costs, wtio to pay. It>. 635. 

62. C3, It uiidertakin? not given, wluit. lb. 

C4. 0.5. Anot.ier acti'in may be brouzht ; i;osts. lb. 

66 Tranefir to Circnit Court wiien litle is in question. lb. 

67. iJocIieiinp jucls'nen!& of .lusiiceK' Ci)urt, in Circuit Court. lb. 

68. Hi)l»^ In bf-ol)><tiv<; ! ill Trill] Jiistici.' Coun^i. lu, 5.30, 53T. 



MANUAL. 191 

Of Trial Justices. 



liim, and a referei\ce to tlicm sliall ho made in tlie docket. 

8. Tlie coini)laint pliall state, in a plain and direct manner, tlie facts constitu- 
ting the caupe of action. 

4. The answer may contain a denial of the coini<laint, or any i)art thereof, and 
also a notice, in a plain and direct manner, of any facts cou.-ilituting a defence or 
counter claim. 

5. Pleadings are ^ot required to be in any particular form, hut must be such as 
to enable a person of common understanding to know what is intended, 

G. Either party may demur to a pleading of his adversary, or any part thereof, 
when it is not sufficiently explicit to enable him to understand it, or it contains m> 
cause of action or defence, although it may be taken as true. 

7. If the Court cTeem the objection well founded, it shall order the pleading to 
be amended ; and, if the party refuse to amend, the defective pleading shall be 
disregarded. 

8. In case a defendant does not appear and answer, the i)Uunt?.ff cannot recover 
without proving liis case. 

9. In an action or defence founded upon an account, or an instrument for the 
payment of money only, it shall be sufficient for a party to deliver the account or 
instrument to the Court, and to state that there is due to him thereon, from the 
adverse party, a specified sum, which he claims to recover or set off. 

10. A variance between the proof on trial and the allegations in a pleading shall 
be disregarded as immaterial, unless the Court shall be satisfied that the adverse 
party has been misled to his prejudice thereby. 

11. The pleadings may be amended at any time before the trial, or during the 
trial, or u])on appeal, when, by such amendment, substantial justice will be pro- 
moted. If the amendment be made after the joining of the issue, and it be made 
to appear to the satisfaction of the Court, by oath, that an adjournment is neces- 
sary to the adverse party, in consequence of such amendment, an adjourment 
shall be granted. The Court may ahso, in its discretion, as a condition f amend- 
ment, order the payment of costs to the adverse party. 

12. Execution may be issued on a judgment, hereafter rendered in Trial Jus- 
tices' Courts at any time within five years after the rendition thereof, and shall 
be returnable sixty days from the date of the same. 

13. If the judgment be docketed with the Clerk of the Circuit Court, the execn- 
tion shall be issued by him to the Sheriff of the County, and have the same effect, 
and be executed in the same manner, as other executions and judgments of the 
Circuit Court. 

14. The Court may, at the joining of the issue, require either party, at the re 
quest of the other, at that or some other specified time, to exhibit his account, or- 
state the nature thereof as far forth as may be in his power, and, in case of his de- 
fault, preclude him from giving evidence of such parts thereof as shall not have 
been so exhibiti-d f>r stated. 

15. The provisions of this Code of Procedure, respecting fonns of action, ])arties 
to actions, the rules of evidence, the times of commencing ac-tions, and the ser- 
vice of process upon corporations, sliall apply to these Courts, 

The defendant may, on the return of jn-ocess, and before answering, make an 
offer in writing to allow judgment to be taken against him for an amount, lo bo 
f^tat.-d in such offer, with --o^ts. The plaintiff shall thi'reupon, and before any 



192 MANUAL. 



Of Trial Jiir^ices. 



other proceedings shall be had in the action, determine whether he will accept or 
reject such offer. If he accept the offer, and give notice thereof in writing, the 
Trial Justice shall file the oiler and the accejjtance thereof and render judgment 
accordingly. If notice of accoptanc>' be not given, and if the ])Iaintiff fail to obtain 
judgment for a greater amount, exclu&ive of costs, than has heen specified in tho 
offer, he shall not recover costs, but shall pay to the defendant his costs accruing 
subsequent to the offer. ^ 

Sec. 69. All and fees and accounts of Trial .fustices, and other officers, for criminal 
proceedings, including cases of vagrancy, when not recovenxl from the defendant 
or party complaining, shall be paid by the County wherein t'e offence shall have 
been committed ; and all accounts rendered for such proceedings shall state when 
such offence was committed. And the fines imposed and collected in such cases- 
shall be credited and paid to the County Treasurer by the Trial Justice, or other 
officer imposing and collecting the same. And whenever any criminal warrant or 
process shall be issued by any Trial Justice, or other officer residing out of the 
County wherein the offence shall have been committed, it shall authorize the of- 
ficer executing the same to carry the person charg-ed with the offence before any 
Trial Justice, resident a)id being in the County wherein such offence sluiU have 
been committed, to be proceeded against accoi'ding to law ; and such officers shall 
not be allowed any compensation for any further proceedings in any such case be- 
yond issuing such warrant or process. 

Sec. 70. Any Trial Justice of the County is authorized and required to exercise 
all the powers, and discharge all the duties of the Coroner in holding inquests o- 
Ver the body of deceased persons, and taking all projjer proceedings therein, in all 
cases when the Coroner of the County be sick or absent, or at a greater distance 
than fifteen miles from the place for such inquiry, or when the office is vacant. 

Sec. 71. In case any Trial Justice shall neglect or refuse to put the provisions 
of this Chapter in execution, he shall forfeit the sum of twenty dollars, Avhich pen- 
alty shall and may be sued for and recovered by action in any Court of record in 
this State, and shall be applied one half to the State, to be disposed of by the Gen- 
eral Assembly, and the other half to him or them who will inform and sue for the 
Fame. 

Sec. 73. If a woman be delivered of a bastard child or children, and shall 
at any time after the birth thereof, give information to some Trial Justice of the 
County in which she resides, or may be so delivered, and will declare, on oath, 
who is the father of her child or children, it shall be the duty of such Trial Jus 
tice to issue a warrant to apprehend and bring before him, or some other Trial 
Justice, the person so accused, who shall be obliged to enter into a recognizance, 
witii two good and sufficient sureties, in the penal sum of three hundred dollars, 
conditioned for the annual payment of twenty-five dollars for the maintenance of 
the child until the age of twelve years, and so to save harmless the said County. 

Sec. 73. When any wonuiii, who is charged with having had a bastard child or 
children, shall be brought before a Trial Justice, and shall not voluntarily give 
such information, such Trial Justice may, on information thereof, and that such 
child is likely to become a burden to the County, issue his Avarrant against such 
mother, re(|uiring her to be brought before him, or the next Trial Justice aforesaid 

69. County to pay fees ol Trial Justices. 14, Siat., 133. 

70. Trial Justice to act as Coroner in certain cases. 11 Stat., 33. 

71. Penalty for neuleci of certain duties. 14 Siat.. 399. 

72. 13. Pruct'eilinsu in ijiislunJv : Wuman retusia.c; lufornalion to be; ommitteJ. 5 citat, 27. 



MANUAL. 193 



Of Trial Justices. 



Vho shall commit her to jail until t-he shall declare tlie same, or shall give security 
that the said bastard child shall not become char^i-able to the County whereiii 
she resides. Should the per?oa accused evade or resist the warrant so issued, it 
shall be the duty of the Constable to return the same to the Clerk of the Court aa 
other Se.saions papers, with a special note tliereof by way of return, on oath, 
whereupon a bill of indictment may be given out, and, if found, a bench warrant 
may issue,- and, in case the accused shall b(^ arrested on any warrant issued, and 
ehall refuse to enter into such rf'cogiiizance, he shall be committed to prison, 
there to remain until he shall enter into such recognixiauce. 

Sec. 74. Whenever a Judge of Probate, or Judge of the Circuit Court, shall di- 
rect an order to any Trial Justice, to enquire as to the idiocy, lunacy or epilepsy 
t){ any person, or when information, on oath, shall be given to any Trial Justice, 
that a i>erson is an idiot, Junatic or epilepti', and is chargeable for his sui)j)ort on 
the County, it shall be the duty of such Trial Justice foithwith to call to his as- 
sistance two licensed practicing physicians, and examine such person, and the ev- 
idence of his or her idiocy, lunacy or epilepsy ; and if, after full examination, they 
shall find such ])crson an idiot, lunatic or epileptic, they shall certify to the said 
Judr:o, or to tiie Board of Councj- Commissiftners, whether, in their oj)inion, such 
person is curable or incurable, and whether his enlargement would be harmless 
or dangerous, or annoying to the community ^ and tliereu^wn the J udge or the 
Board ot County Commissioners, in his or its discretion, may make an order that 
the said person shall be sent to the Lunatic Asylum. 

Skc. 75. All persons found wandering from place to place without any known 
residence, or residing in any city, County or town, who have no visible or known 
rneanfe of gaining a fair, honest and reputable livelihood ; all suspicious persons* 
going about the country swapping and bartering horses, ( w'thout producing a 
certiticate of his or their good character, signed by v, Trial Justice of the County 
from which such person last came) ; likewise all persons who acquire a liveli- 
hood by gambling or horse racing, without anj' other visible means of gaining a 
livelihood ; all keepers of gaming tables, faro banks, or other banks whatsoever 
used for gaming, known under any other denomination ; also, all persons who 
lead idle and disorderly lives ; all who knowingly harbor horse theives and felons, 
and those who are known to be of that character and descrij)tion ; likewise all 
persons ( not following some handicraft trade or i^rofession, or not having some 
known or visible means of livelihood.) who shall be able to work, and occupving 
or being in possession of some piece of land, shall not cultivate such a quantity 
thereof as shall be deemed by the Trial Justice to be necessary for the mainte- 
nance of himself and family ; also, all persons representing publicly for gain or 
reward, without being duly licensed, any play, comedy, tragedy, interlude, or 
farce, c)r othef entertainment of the stage, or any part thereof ; all fortune tellers 
for fee or rewAlrd ; and all sturdj- beggars, are, and shall be, deemed vagrants, and 
liable to the penalties of this Chapter. 

Sec. 76. Upon the oath of any credible person, that another is, to the best of 
his or her knowledgt^ or belief, a vagrant, and liable to the penalties ]irescribed 
by law, any Trial Justice shall issue his warrant forthwith, to any Constable, re- 
<iuiring the accused to be brought before him ; and, upon the arrest of the person 
so charged, the said Trial Justice sliall inquire into the truth of such information, 

74. Trial Justice to make inquisition CDiicerniTiir tiik'ireil luir.icv. 11 St:ii., 33. 
7.0. VVlio •iKill t)C deemed vairrants, 5 Stul„ 41—11 -il. 
70. Trial Justice to ecquire ui cises ot vaijraiic.v. IL». ID. 



194 MANUAL. 

Of Trial Justices. 



Sec. 77. He i-hall proceed to pxaiuhie liow the accuaed gains a livelihood and 
maintains liis or lier family, (if he or she has any,) and if suoli person shall be ad- 
judged liable to the ])ena]tit-s prescrib'id by law ago.inat such as are deeuied va- 
grants, then, if the accused shall pay all lawful co.-^ts and charges of such proceed- 
ing, aiul give bond with sufficient security, to be approved by the Trial Justice, 
for his or her good In'havior for twelve months onsuiag, sucij person shall be dis- 
charged ; but, on refusal or inability to comply therewith, the Trial Justice may 
commit such person to jail, and shall transmit a copy of the proceedings, as soon 
ns may be, ro the CMerk of the Court of Common Pleas and General Sessions 
for the County, containing the names of the informer and the accused, and the 
Trial Juritice, and jury, (if any,) togetlKn- with those of the witnesses and the evi- 
dence they gave, which copy shall be filed m the otRce of the Clerk, for the qbo 
of the Court of General Sessions. 

Sek. 78. Any Tiial Justice is authorized and refjuired, upon the written requisi- 
tion of the Faculty of the University cf South Carolina, through their presiding 
officer,, ar of tlie Solicitor of the Circuit wherein the same is situated, suggesting 
the name of any offender against the provisions of Section 4 and 5 of this Cliap- 
ter, and any witness necessary to the investigation, forthwith to issue warrants to 
bring before him sueh offender and witnesses ; and if, upon investigation before 
such Trial Justice, sufBcient evidence shall appear to satisfy him of the truth of 
the charge, such offender shall be dealt with as hereinbefore directed ; and it shall 
be the duty of every Sheriff and Constable to whom any such process may be di- 
rected to execute the same with all practicable dispatch, according to its mandate; 
and he shall be required to return, on crath, his proceedinga thereon. 

Sec. 79. If any Trial Justice shall fail or neglect to execute any of the duties 
herein set forth and prescribed, he shall be liable to pay a penalty of fifty dollars ; 
and any Constable neglecting or failing in his duty aforesaid, shall be liable to 
pay twenty-five dollars, to be recovered by information before any Court of com- 
jietent jurisdiction, one moiety to go to the informer, and the other for the use of 
the County. 

Sfjc. 80. Everj' Trial Justice, before whom an estray shal'S bfi returned, shall 
cause the same to be ajipraised, on otvth, by three proper persons in the vicinity, 
Avho shall certify the appraisement under their hands, together with an accurate 
description of the color, size, age, brands and marks of said estray, whereupon the 
said Trial Justice shall enter the said certificate at large in his hook ; and shall, 
within ten days thereafter, send a duplicate of the said certificate to the derk of 
the Court of the County in which the said estray shall be tak»*n iq?. 

Sec. 81. At the game time such Trial Justice shall cause the estray, if other 
than a horse or mule, to be advertised at three or nwrc i)ublic places in the Coun- 
ty, one of which shall be on the Court House door, for two months, together with 
a notice w'here said estray is to be found ; and, if a horse or mule, by advertising 
at the same places and in the nearest gazette once a m«aith for four months. 

Sec. 82. Where no ownei' of an estray shall appear and prove his property 

77. To ex.imine ai cusea and require bond, or couimit. lb. lb. 

78. Duty of Trial Ju^tico under t?ect;ou3 four and tivc. Gsn. J^Uit.. 352. 

79. Penalty lor failure, or nczlect. Id. 

80. ApDrai?eirient ol E.-itruv ; Certificate to be fllec', II Siat., 30. 
81 I'.stray to be advertised. ID. 

82. To be sold ; how ,aul lor, by purchaser. lb. 



MANUAL. 195 



Of Trial Justices. 



%vitliin the time directed for advertifing, it sliall be lawful for such Trial Justice, 
and he shall cause the same to be publicly advertised for ten days, and sold on a 
credit of sii months, except tlie ccjsts to be paid for in cash ; and the ])urchaser 
fdiall give his note, with a])proved security, to the Trial Justice, in the name of 
the County Commissioners in the County wherein such estray shall be taken up : 
wlrch note the said Trial Justice shall deliver i)nme(liately to. the said County 
Commissioners for the County in which such estray shall be taken up, who shall 
have power, in default of i)aynient, to svu; for and recover the same. 

Skc. 83. If any Trial Justice or Cicrk of Court, or person taking up any estray^ 
shall refuse ornejilect to perform the duties pr.scrilA'd hy tbis Cliapter, each and 
every of them shall forfeit aiul pay the sum of twciity-fivo dollars, to be recovered 
and applied to the use of any iierson who shall infcnu and sue for the same, and 
shall moreover be liable in damapres to tbe ))arty apprrieved. 

Sec. 84. In case any person or persons not emjiloyed by tlie master, mariners, or 
owners, or other persons lawfully authorized, in the salvage of any ship or vessel, 
or the car2:o or provision thereof, si'all, in the al)sencc of the master or mariners or 
owners, .save any such ship, vessel, goods or effects, and cause the same to be car- 
ried, for the bonelit of the owners, into any port, inlet or place of safety within this 
State, immediately giving notice thereof to a Trial Justice, such person or persons 
shall be entitled to a reasonable salvage for such services, to be paid by the mas- 
ter, or owner of such vessel or goods ; and in case of disagreement about the quan- 
tum of such salvage, the same to be adjusted by not less than two neighboring 
Trial Justices, nor more than three. 

Sec. 85. When any ship or vessel, or effects, shall be stranded on any part of 
the coasts of this State, or upon any application of the the commander of any ship 
or vessel stranded, to any Trial Justice, such Trial Justice shall forthwith sum- 
mon to his aid one other Trial Justice, and such Trial Justices are hereby requir- 
ed and empowered to give aid, and to employ proper jiersons for the saving of 
such vessel in distress, or such vessels, goods, or effo'cts, as shall be stranded or 
cast away, and also to examine pei-sons upon oath, touching or concerning the 
same, or the salvage thereof, and to adjust the quantum of such salvage, and dis- 
tribute the same among the persons concerned in the salvage, in case of disagree . 
ment among the parties, or the said persons ; and every such Trial Justice, attend- 
ing and acting for the preservation of any such vessel or goods, shall be paid 
three dollars per day for his trouble, out of the vessel, goods, or effects saved by 
their care or discretion. 

Sec. 86. If any ship or vessel, goods or effects, shall be stranded, or cast on 
shore, and no pers^in ajjjjcars to claim the goods which shall be so saved, two or 
more neighboring Trial Justices shall take the same into their custody or posses- 
sion and, as soon as may be, give notice and a schedule in writing ol the different 
articles, [such Justices keeping a copy thereof,] to the County Treasurer, and de- 
liver safely all such goods and effects to the said Treasurer or his order, who 
6hall be responsible for the same, and who shall give public notice thereof in the 
news-papers of this State, for at least eight months, if no claim shall be made ; 
and if such goods be not claimed within twelve months after such delivery to the 



S3, Tij.il Justice to perform (Uities resriirdinffEstr.nvs, Penalty. 5 Stat., 139. 
t^. Trial .Justice to c'cierniine salviiges. 4 Slat , .Wl, 
Hb. M:iy eiiipiov iiid lo !-:ive vpsse s in oislress: Coinueiis.Tiion. ib, 552. 
i!C. UoclaimeU toous Iruiu btraiulotl ship, how Uis^joseJ ol. lo. 



196 MANUAL. 



Uf Trial Justices. 



County TreapiiriT n'* afon'said, tlicy arc to bo itublic-ly soltJ,[ or, if the goofls l>e 
perit^lmblc, to Ik- .sold forthwith,] and, after deducting resKioiiable charges, the res- 
idue shall be lodged in the County Treasury, for the use of the State, subject to 
the claim of the proprietor, his agent or attorney. 

Sec. 87. When goods or effects of small value that may be stranded, shall be 
Btolen, without circumstances of outrage or violence, the ofTendev being convicted 
thereof, shall forfeit and pay treble the? value, to bo ascertained by two Trial Jus- 
ices. 

Sec. 88. It shall and may be lawful for any TrialJustice, (m inforffiation, upon 
oath, of any part of a cargo or effects of any vessel lost or stranded on of near 
the seacoasts, being unlawfully conveyed or concealed, or of some cause for rea- 
nonable suspicion thereof, to issue his warrant for searching for such goods or 
effects, as in ease of stolen goods; and, if the same be found in any house or other 
place, or in the possession of any person not legally authoriised to have the same, 
and the person in whose possession the same shall be found shall not immediate- 
ly, upon demand, deliver the same to the owner or person lawfully raithorized to 
receive them, he or she shall forfeit and pay to the owner or owners of sufh 
goods, his or their or agent attoi-uey, treble the value, for such refusal. 

Sec. 89. Any person discovering whei-e any such go<xls are wrongfully bought. 
Bold, or concealed, so that the owner, his agent or attorney, shall regain them, 
shall be entitled to a reasonable salvage, not exceeding twenty five per cent, on 
the value, to be adj usted by the next neighboring Trial Justice, who is hereby re- 
quired to adjust the same. 

Sec. 90. If any person or persons shall offer or expe«e Ho sale any goods or effects 
whatsoever belonging to any ship or vessel lost, stranded, or cast ou shore, as uf.>re- 
eaid, and unlawfully taken away, or reasonably suspected fo have been, then and 
in every such case it shall be lawful for the person or per.soiis to whom the same 
■Bhall be so offered fors.ile, or any TrialJust.ic.e,tostop andseixe the said goods and 
effects ; and if the person or persoiis who slie.ll have offered tlu^ said goods and 
effects to sale, or some other person in his or her behalf, shall not, within ten days' 
after such seizure, make out to the satisfaction of such Trial .Justice that they 
came honestly possessed of them, then the said gt)ods and effects shall, by order 
of the said Trial Justice, be forthwith delivered ove]rt0>and for the use of the own- 
er thereof, on proof of his claim, and the payment o£a reii-souable leward, not 
exceeding five per cent, on the value, for such seizure,.(;tO' be ascertained by the 
said Trial Justice,) to the person who shall seize the sanu\ And he, sh(^or they 
who offered such goods and effects for sale, as aforesaid, glial L f.irfeit and p»y to 
theowner or owners twice the value of such goodri,to bo recoA.T;ced a.::eording to 
law. 

Sec. 91, If any Trial Justice or otlier person ac'tTag in the prRser\'ation or 
salvage of any vessel, goods or eflects, shall be assaulted, beateuy or Avoundetl^ 
every person or persons so assaulting, beating, or interrupting, shall, upon con 
viction thereof before the Court of Sessions, receive such iiunishnientas the said 
Court, in their discretion, shall award. 

87. If goods stolen how tlieft to be puni^liecl. lb, 551. 

88. Trial Justice to issue searc'i wiiirant. lb. 

89. Salvage alluwed to infoimer. Id. 

90. Goods unlawfully taken may be seized, and roitiriifd to tlip ownvr, II). 

91. Persons as«aulting salvors of poods to be vut'tslicd by Court. Th, 553. 



MANUAL. 197 



Of Trial Justices. 



Skc. 92. For the bcttt>r execution of nil and every provision of law, "concern- 
ing the observance of tli!< Lord's Day," every Trial Justice within his County 
sliall have power and autliDrity to summon before him any person or per.sons what- 
soever', who shall offend in any of the particulars before mentioned, and upon 
his own view, or confession of the party, or proof of any one or more witnesses, 
u))on oath, the said Trial Justice sliall give a warrant under his seal, to seize the said 
jnrtods crit'd, showed fortli, or put to sale as aforesaid, and to sell the same ; and aa 
the other penalties and forfeitures, to impose the fine and penalty for tlie same, and 
to levy l.lie said forfeitures and penalties by way of distress and sale of the goods 
of every such offender, returning the overplus, of any be, after the charges allowed 
for the distress and sale. 

Sec. 9;l All and singular the forfeitures or penalties aforesaid, shall be em- 
ployed and converted to the use of the poor of the Coutity where the said offences 
sliall be committed, and to be delivered into the hands of the County Commission- 
ers for that end, saving only that it shall and may be lawful to and for any sucli 
Trial Justice, out of the said forfeitures or j^enalties, to reward any person or per- 
sons that shall inform of any offence against this Cliapter, according to his or their 
discretions, so as that suck iewai\l exceed not the third part of the forfeitures or 
peualtita. 

Sec. 94. In case any seaman, or boy apprentice onboard any ship or vessel, shall 
be harbored, secreted or detaine^l, it shall l>e lawful for any Trial Justice, upon 
com;)laiat, on oath, made by the master of the said ship, or on his behalf, to in- 
quire into the matter, and if he .shall see fit, by warrant under his hand and 
seal, to cause search to made into any place wherein the said seaman or appren- ■ 
tice may be harbonnl or secreted, and to cause such seaman or apprentice to be 
restored to the master of the said ship. 

Sec. 95. If any mariners or seamen belonging to any vessel or vessels shall be 
vi.^ited Avith sickness, then it shall and may be lawful for any one Trial Justice, 
by an order under his hand, to liceut'e the master or mistress of any public house 
or ordinary, or any private house, to give him or them, being sick as aforesaid, 
credit for any sum or sums of money as the said ma.ster or mistress of any house 
La willing to trust for their necessary relief. 

Sec. 96. It shall not be lawful fm- any keeper of a public or lodging house for 
feamen to withhold or detain an\' chest, bed or bedding, clothes, tools, or other ef- 
fects, of any seaman, for any debt alleged to have been contracted b}' such seaman; 
and in case any such cliest, bed, bedding, clothes, tools, or other effects, as afore- 
.said, shall be withheld or detained, contrary- to this Chapter, it shall be lawful for 
any Trial Justice, upon complaint, upon nath, to be made by any such seaman, or 
^)n liis behalf, to imjuire into the matter, and, if he shall see fit, by warrant under 
liis hand and seal, to cause any such property or effects so withheld or detained, 
contrary to this Chapter, to be seized and be delivcn-d over to the seaman. 

Sec. 97. When aiiy pro.secuti'in h^luiH be comineiiced against any jierscm under 
the ])rovisions of tiiis Cnajiter, prosiding fur the jiunishment of harboring seamen 

92. I'e.iiil'y •(>«• vmlniii g: orovisioii? o( tiiis Cliauier. '-i Stat., 397. 

9'i. iijsjos-t) n ol tii.es iinl nenaltics inflietect. I:). 

J4. lYiaUusiice uiav oriitr sp.ircli lor daserted sc imen. Stat., .557. 

J>5. M:iv licenst^ iniikeeopr to give credit to sick spumeii, 2 .Stat.. ]19, 593. 

S6. JUaj rttlauu .'•^auitiis Roods lu'ld unhiiVlully. 6 fclat., 657. 



198 MANUAL. 



Of Trial Justices. 



who have deserted, and it shall a]ii)f'ar. to the Ti-ial Justice before whom the pros- 
ecutiou was coiumeiiced, that the testimony of any master of a vessel or other 
ti-ansient person will be important on such trial, such Trial Justice shall have au- 
th )rity, after five days' notice to the party accused, to summon fuch witness be- 
fore some Judge of the Court of General Sessions, or the Recorder of the City 
Court of Charleston, to api)t'ar and give evidence in the said matter, when such 
witness shall be examined, with the right to the party accused to examine or cross- 
examine such witness, as in trials in open Court ; and the Judge or Recorder shall 
certify and seal up such evidence, to be iisf.d on the trial of the cause, in the samo 
manner as if the same had been given orally on such trial : Provided, That such 
testimony shall in no case be used unless it shall appear by the affidavit of the 
Trial Justice before whom such prosecution shall have been commenced, that such 
witness is not at the tmieof such trial within the jurisdiction of the State. 

Sec. 98. Any ]>ersoii or persons who sliall hunt with fire in the night time, for 
every such offence shall forfeit and pay a sum not exceeding ten dollars, and for 
every deer so killed, a sum not exceeding twenty-five dollars, and for every horse 
or head of neat cattle, or other stock of anj- kmd, a sum not exceeding fifty dol- 
lars. 

Sec. 99. xYll the penalties and forfeitures mentioned in the preceding Section, 
shall and may be recovered before any Trial Justice in the County where any of 
the said offences shall l)e committed, and when received shall be divided and 
paid, one-half to and for the use of the poor of the County where the offence shall 
be committed, and the other half to the person who will inform for the same ; and 
the oath of one credible witness, or the confession of the party accused, shall be 
allowed as sufficient evidence to convict the offender, by every Trial Justice be- 
fore whom information shall be made of any of the offences aforesaid: Provided, 
That where the owners of any lands shall prosecute for any unlawful hunting 
and ranging on his or her lands, the oath of such owner shall be sufficient evi- 
dence to convict the offender, but in that case the whole penalty shall go to the 
use of the poor of the County. 

In case any person or persons so convicted shall refuf e or ncglr-ct to ])ay such 
fine, then it shall and may be lawful, and the Trial Justice, before Avliom he is con 
victed, is hereby required to commit such person or persons, to the common iail in 
the County where the offender or offenders shall have committed tlie said crime, 
there to remain without bail for a term not exceeding three months, for unlawful 
hunting with fire in the niglit time, and for a term not exceeding two months for 
violations of Sections 10, 11, 12, 13 and 15 of this Chapter. 

Sec. 100. Any person who will give information to a Trial Justice of any fire 
hunter, shall, on his couvictiou, be entitled to thirty dollars, to be jmid out of the 
public Treasury. 

Sec. 101. It shall and may be lawful for any tv.-o or more Trial Justices in any 
County or city whatsoever, to cause to come or be brought before, them, every 
jjerson within their respective limits, whom they shall have just cause to suspect 
to have uo visible estate, profession or calling to maintain themselves by, but dOj 
for the most part, support themf,elves by gaming ; and if such person or persons 

". In trials under Ibis (.Inpter, evidence of masier miy De tiken rf« 5«r<,3 «.?««. 12 Slat., ITS 40S, 
OS. Peii;ilty tor hunting witu fire, in the uiglii time. 5 tit'it., 124. 
i>9. Fines liow recovered; how disposed ol; 1' not p.i'l, (Vli.it. 4 ijCat., 351. — 5 134, 
100. lleua.d ior Juo;iiiii)„'. 4 8:.it., 411. 



MANUAL. 199 



€f Trial J usIiceH. 



sliall Ertt make it apjH'ar to surli Justices- tlmt tli«^ principal part of his or their 
exjicnses is not maintuiucd by gaming,', then such Justices shall require of him or 
them sufficient securities for his or their good behavior for the space of twelve 
mouths ; and, in default of his or their finding such securities, sh^ll commit him 
or them to the common jail, there to remain until he or they shall find such secu- 
rities, us aforesaid. 

Sec. 10'3. Each Trial Justice and all Conslables, shall, before tliey be tjualified 
to act in thi-ir and each of their iies])ective offices, in addition to tluMr respective 
oaths r,f oiCce, take au oath to enforc-e and, to the extent of their power and abili- 
ty, carry into effect the laws of force in respect to the practice of gambling, and, 
in all cases, to bring to justice violations of the f-ame, whenever such violations 
sshaJl come withisj their view and knowledge. 

Sec. 103. It shall be the duty of every TrialJustice, on view or complaint on 
oath, that any tavern keeper, retailer, or other person, has committed any act or 
thiug contrary to, and in violation of, this Chapter, to cause the arrest, by warrant, 
under his haad and seal of such tavern keepers, retailers, or other person so of- 
fending, and require, as is prescribed by law, security f )r his appearance at the 
next Court of General Sessions, then and there to answer to the matter of such 
■comphiint, and, in default of security, to commit to jail, there to be kept until 
discharged by due course of law, and, also, to bind the jKjrson making the com- 
plaint, Jtr 4LUJ nthej's whose testiwiony n»ay be material, to appear at the same 
time, to give evidence on behalf of the State against such offender. 

Sec. 10-1. Wheu any ])ersou or persons have gone, or shall hereafter gn, into 
possession of any land or teneinents of another, either as a domestic servant or 
(common laborer, or otherwise, and sh:ill refuse or neglect to quit the premises, s(» 
occupied, when required by the person letting the same, or upi>n the terminatiou 
of the contract, either by its own limitation or from any other cause, it shall he 
lawful for tht person letting the ])reniises to apply to any Tiiul Justice, whose 
duty it shall be to ha^^e a notice served u]K>n the ])erson or j)er-o.is so refusing t > 
quit, to show cause before him, at the exinration of t«n days fiom the fiereonal 
service of such nottice, why he sliould not he ejected, and if no sufiicient cause be 
then shown, it shall be the duty of the Trial Justice forthwith to issue hifi war- 
rant, directed to the Sheriff or any Constable, requirhig him, without delay, to 
eject such person or persons from llie premises so let, and authorizing him to use 
»uch foro' as may bo nece;ssrriTT. 

I3^rJ^S3I^4^^■o•:z=L:E3 s. 

Sec. 105. It shall be tlie duty of any Trial Justice to wbom aiiplicatjon is made 
by a person desiriug t ) bee )me the master or mi.tross of any infant to be bound to 
service by indenture according to law, t<» eertify under his hand and seal upon 
such indenture, the presence and approbation of t!ie father, m)tlier, or guardian 
of sucB. infant, at the time it was executed; and in ca^e such uifant so to be ap. 
prentii-etl shall liav« neither father, mother, or guardian, to approve such inden- 
ture, then tlie presence and approbation of the grand father, grand-mother, or 
Lrotlier, sister, uncle or aunt of raatiwe age, or of his own approval of such inden- 

101. &uspect«a CH iiDlers to be brousljt be-ora T lal Justice. 2 ot it.. 5J7. 

102. 1 riiil .Iu>!)':'i8 and Const.itiles io f.ike ' atli to en ovce li^ .■» iiiiist i?an bin.". G iStut., i7 

103. Triiil .rnstiops to Miiorce rrovisioiis o' law raiTilin.' lii;i-n53S. li Stit,, 550. 
IW. Diit< inei-ctnient ni tiiiiints nt w ill, Oo i.p^'ic sjivants. Ac. 13 Sta'.. -Ilj. 
Jt)5. Iiuuiu iippr utiiies u^ bt- bounrl oui by Tii.l .lusticp;, ^ Sta'., 511—11 32. 



200 MANUAL. 



Of Triul Justices. 



tare, to l)e crrtificd thereon, eacli in the order herein ostablislied and enumej-ated, 
:in(l ill lilie manner shall certify tlie approval of such persons us above designat 
I'd. whicli indenture or indentures, so executed and certified as aforesaid, shall be 
li-ood and effectual, to all intents and purposes, as if such ajjpreutice had been of 
full ag-e, and by indenture of covenant had bound him or herself ; or, otherwise 
shall be void and of none effect. 

Sec. 100. In the same manner, any Triul Justice sliall certify the assent of tlie 
same parties, in like order, to the assignment and transfer of such indenture for 
sufficient cause, by the master or mistr»,ss, to any person exercising the eui]>loy- 
nieut specified therein, which said indenture, so assigned, shall be valid and ef- 
fectual to the assignee, as to the time remaining unexpired, and if the said ap- 
prentice had been originally indented to siich assignee ; the said assignee, on 
accepting such as.'^ignment, shall be e<iually bound to the said apprentice, accord- 
ing to the tenor of the said indenture, as the original master or mistress was. 

Sec. 107. On complaint made by an appnnUice, charging his or her master or 
mistress with misuse, or by the master or mistress against such apprentice, before 
any two Trial Justices of the County, setting fortii the cause of such complaint, 
it shall be the iluty of such Trial Justices to make such order between the par'ies 
as the equity and justice of the case may recjuire, subject, nevertheless, to the 
right of either party to appeal from such order to the Court of Common Pleas for 
the County at the next ensuing term. 

Skc. lOS. All contracts nuide between owners of land, their agents, administra- 
tors or executors, and laborers, shall be witnessed by one or more disinterested 
persons, and, at the request of either party, be duly executed before a Trial Jus- 
tice, whose duty it shall be to read and explain the same to the parties. Such 
contracts shall clearly set forth the conditions upon which the laborer or laborers 
engaged to work, embracing the length of time, the amount of money to be paid, 
and when ; if it be on shares of crops, what portion of the crop or crops. 

Sec. 109. Whenevei labor is performed undei contract on shares of crop or crops 
such crop or crops shall be gathered and divided oil before it is removed from the 
place where it was planted, harvested or gathered. Such division to be made by 
a disinterested person, when desired by either party to the contract. And sucli 
disinterested party shall be chosen, by and with the consent of the contracting 
parties. Whi^never tlie parties fail to agree upon any disinterested ]>arty, oi, if 
com))laint is made that the division has been unfairly made, within ten days after 
such division it shall be the duty of the '^irial Justice residing nearest the place 
where such crop or crops are planted, harvested or gathered, to cause, under his 
immediate supervision, such equitable division as may be stipulated in the con- 
tract. Such disinterested party or Trial Justice shall receive a reasonable com- 
pensation for Bucli service, to be jiaid by both of the contracting parties, according 
to their several interests, except in cases of an attempt to wilfully defraud the 
other by one of the contracting parties ; and then such compensation shall be paid 
by the party so attempting te defraud the otlier. When such division has been 
made, each party shall be free to dispose of their several portions as to him or her 



106. Indeutures to bp ceitifled by the Jus(ice. lb. 

107. 'I'wo .Justices to have jurisiiiction ot complaints bv or aeanst appreutices. 3 Stat.. 5-15 1132. 
lOS. Contracts to be read to laborers, and vvituesse I. 14 Stat.. 227. 

&9. Iiial Jl:i^!ic(■ or I'lt^intert'sttd party to divide crops,. lb 2iS. 



MANUAL. 201 

Of Trial Justices. 



or tliem may seem fitting-: Provided, That if litlicr party be in debt to the other 
for any obligation incurred under eoutnut, the amount of said indebtedness may 
be then and there settled and paid by such portion of the share or shares of the 
jjarty so indebted as may be agreed upon by tlie i)arties themselves, or set apart 
by the Trial .hustice, (jr any party clioseu to divide said crop or crops. 

Sec. 110. Any Trial Justice or otlier officer before whom complaint is made, and 
^vh()^^l■ duty it is to try such cases as hereinbefore provided, who shall offend against 
the true inrent and meaning of this Chapter, or shall refuse to hear and deter- 
mine, impartially, all cases that may be brought before him, under the provisions 
of this Cha))ter, and all ])eace othcers, who.'se duty it is to ai)prehend all offenders 
against tin; laws of the State, who ^hall refuse to jierform their duty in bringing 
to justice any and all offenders against this Chapter, shall be liable to a charge of 
malfeasance in olHce, and, upon i)roof to conviction, shall be forthwith removed 
from oihce, and lined in a .■-urn not less than lifty nor more than one hundred dol- 
lars. 

Skc. 111. No person shall make an entry into any lands and tenements, but Iq 
case where entry is given by law ; and in such case not with strong hand, nor 
multitude of i)eo])le, but only in peaceable and easy manner. 

Any two Trial Justices of the Coun.y wherein such lands and tenements may be 
situated shall have authority and power to inquire by the people of the same Coun- 
ty, as well of thrtu that make forcible entries in lands and tenements, as of them 
which hold the same with fore?. 

Sec. 113. If it be found, befo-e any of them, tl'.at anj- do contrary to this Chap- 
ter, then the said Trial Justices shall cause to be reseized the lands and tene- 
ments s" entered or holden, as aforesaid, and shall put the party sff put out in full 
possession of the same lands and tenements so entered or holdeu, as betore. 

Sec. 113. The forms and proceedings before Trial Justices, in cases of forcible 
entry and detainer, shall be the same as are prescribed by law in cases where ton- 
ants hold over, after the expiration of their leases. 

Any two Trial Justices authorized and enabled, upon enqtiiry, to give restitut- 
tion of possession unto tenants of any estate of freehold of their lands or tenements 
which Piiall be entered upon with force, or from them withholdeu by force, shall 
have the like and the same authority and ability ( upon indictment of such forcible 
entries, or forcible withholdings, before them duly found,) to give like restitutioii 
of possession unto tenants for term of years, of lands or tenements by them so hold- 
en, which shall be entered upon by force, or holdon from them by force. 

Sec. 114. Any two Trial Justic s are authorized and required to grant the writ, 
of A^f/.^frt* co»/7;«« as fully, effectually and lawfully as may any J udge of the Court 
of Common Pleas and General Sessions or Justice of the Supreme Court of this 
State, 

Sec. 115. When a Trial Justice, l)y whom a judgment appealed from was ren- 
dered, shall have gone <jut of otfict- before a return is ord(;red, he shall, neverthe- 
less, make a return in the same manner, and with the like effects, as if he were 
still in office. 



no. Pentiliy tor rclusul lo perforin audi duty lb 229. 

111. Iri.tl .Justices to liave jurii^Uiction in lorcible entry aiiJ det.imer. 2 Stat., 442. 444. 

112. To Duc liiirty oiwtcd, in possession lb. 

113. Form ol i.i-occediiiKs. 6 >t:il.. 338, —2 445. 

114. Iwo Trial Justxes lo eiani writ othaliejS ci'ipus. 2 Suit.. 400—11 23. 



202 MANUAL. 

Of Trial Justices. 



Sec. IIG. If a Trial Justice whose judgment is ap])ealed from shall die, become 
insane, or remove from the Slate, the appellate Court may examine witnesses on 
oath, to fa<;ts and circumstances of the trial or judgment, and determine the ap- 
peal, a.s if the facts had be<m returned by the Trial Justice. If he shall have re- 
moved to another County within the State, the apjwllate Court may compel him 
to make the return, ;ls if he were still within the County where the judgment was 
rendered. 

Sec. 117. In cases where the Clerk of the Court cannot hear and determine an 
application for the benefit of prison boundis, either on account of interest, sick- 
ness, or absence, but in no othi-r cases whattiver, any Trial Justice of the County 
may hear and determine any application for the benefit of the i)rovisions of this 
Cliapter. 

Sec. 118. The Clerk or Trial Justice wlio may hear and determine the ai)plica- 
tion of a prisoner for the benefit of the provisions of Section 9 of this Cha])ter, 
shall, if the same be unlitigated, be entitled to receive the sum of two dollars out 
of the property that may be assigned by the prisoner, as a compensation for his 
services ; and, whenever the same is litigated, the said Trial Justice shall be enti- 
tled to receive the sum of four dollars as a compensation for his services, out of 
the property of the prisoner, if the final decision be against him ; but if it be in 
liis favor, then the said sum shall be paid by the plaiutiflf. 

Sec. 119. If complaint, on oath, be made to any one of the Trial Justices within 
the State of any one person or persons having defrauded the party complaining, 
by inveigling, enticing, or by any swindling practices, within the meaning of this 
Chapter, he shall issue his warrant, directed to any Sheriff or lawful Constable, 
who is thereupon to appredjejul such person or })ersons, and bring him or them be- 
fore any one of the Trial Justices of the State, with the cause of liis detention, 
who shall thereupon hold the party so brought before him to bail, with one or 
more sufficient sureties, to appear at the Court having jurisdiction to try such 
cause, and answer to any information to be then filed againtst him or them by the 
party so injured; but if the party refuse to give bail as aforesaid, the said Trial 
Justice shall be authorized and required to commit him or theui to the common 
jail of the County in which the complaint is made, there to remain until the next 
sitting of the Court of the County having jurisdiction to try such cause, then to be 
brought up for trial. 

Sec. 120. If any Trial Jugtice, shall neglect or refuse to immediately pay over, 
as required, any and all fines and penalties collected by them in any criminal 
cause or proceeding, he shall, on conviction thereof, be subject to a fine of not less 
than one hundred, nor more than one thousand dollars, and imprisonment not less 
than three, nor more than six monihs, and shall be dismissed from office, and dis- 
<|ualified from holding any office of trust and profit under this State. 

Sec. 121. Whoever shall profanely swear o! curse in the presence of any Trial 
Justice, or of the Mayor or other head officer of any city or town corporate 

116. 116. How reinrns m:ule m cerWin ciise?. Gen. Stat.. BOS. 

117, Tri<il Justice to act in cases onlv wiien Cleik cannot. 11 Stnt., 80. 
lis. Manner of summonins jnrv in case of allege 1 fpHud. 4 Stat., 93. 

119. Proc^edi^;'< to be taken aeainst p« indicrs. 6 CiO*., 177. 
130. Trial Justice to pay over flues ; P>.'nalty foriiejilec', 11, S.i'., 350. 



MANUAL. -203 



Of Trial Justices. 



where sucli olTence is or sliall be coinniitted, or tliat i-liall bo thereof convicted by 
«)atli of one witness, or by tlie confession of the jiarty offending, before any Trial 
Justice of the County, or Mayor, or other chief offic(;r of sucli city or town corpor- 
ate wliere the said offence sluill be committed, sliall forfeit and pay to the use of 
the poor of tlie County wliere such offence or offences sludl be coiuniitted, the re- 
spective sums herein mentioned, that is to say : every servant, day laborer and 
common seaman, twenty-five cents ; and every other person, fifty cents; and in case 
any of the persons aforesaid shall, after conviction, offend a second time, such per- 
son shall forfeit and pay double, and, a tliird time,trel)le the sum respectively by 
him or her to be paid for tlie first offence. 

Upon neglect or refusal of i)aym<'nt of the said forfeiture, any Trial Justice of 
the County, or Mayor, <»r other liead officer, of any city or town corporate where 
the said offence shall be committed, is hereby authorized and ncjiiiredto direct and 
send his warrant to any Constable of the County where the offence shall be com- 
mitted, or where the offender shall inhabit, therel^y commanding him to levy, bv 
distress and sale of the goods of tin; offender, the sum so forfeited, for the use of 
the poor of the County, as aforesaid. 

Sec. 133. If any Trial Justice or Chief Magistrate shall willfully and wittingly 
omit the performance of his duty in the execution of Sections six and seven of this 
Chapter, he shall forfeit the sum of twenty-five dollars, the one moiety to the use 
of the informer, to be recovered by action. 

No person shall be prosecuted or troubled for any offence against the provi- 
sions of Section si.x of this Chapter, unless the same be proved or pi-osecuted 
within ten days next after the offence committed. 

Sec. 133. The Trial Justices, or Mayor, or other head officer, shall register, in 
a book to be kept for that purpose, all the convictions made before him upon the 
sixth Section of this Chapter, and the time of making thereof, and for what of- 
fence, and shall certify the same to the Court of General Sessions for the County 
where the offences are committed, to be kept there upon record by the Clerk, to 
be seen without fee or reward. 

OIF" :^^aL.xxji. 

Sec. 124. Trial Justices may admit to bail any person cliarfr' d with any offence 
the punishment of which is other than death ; and if any person nnder lawful ar- 
rest, on a charge regularly made and not bailable, be brought before a Trial Jus- 
tice, he shall commit the prisoner to jail : but, if the offence charged be bailable, 
the Trial Justice shall take recoguizaiice, with sufficient surety, if the same be of- 
fered ; in default whereof, such party shall be cominitted to prison, unless it shall 
clearly appear, upon examination, that the clmrge is not founded in probability; in 
which case, the party may be discharged. 

Sec. 125. Recognizances entered into before a Trial Justice sliall be according 
to the following scale: 

1. If the offence be punishable with fine and impri,-<onm ni , or either, the recogni- 
zance of the accused shall not be less than two hundred dollars ; and if the fine be 
specified or limited by statute, it sliall not !e for less than the greatest extent of 
such fine ; 

121. (-'ursing and swenrine, how punishecl. Fine how collected. 2, &tat., 53:). 

122. Peually for not executing provisions o f S^'ecMcc. lb. 

123. l^onviclions to bo regiatered. lb. 

124. All persons charged wiin crime may be bailed excop', for capital o3'e.n;os. 11, St it., 2o. 

125. Scale of recouiHZ.incc, of Criminal, Dro^eculeisj. and wituosses. lb. 



204 MANUAL. 

Of Constablt»s. 



2. The nco.f^nizance of any prosocutor or witness, in case of misdemeanor, shall 
rot le for Jess than one hundred dollars; thouprh, in all cases, the Trial Justice 
shall cause the same to he in such larger amount as the circumstances maj^ soom 
to require. 

Sec. 126. Upon inlormation made of the materiality of any witness within the 
State to support any accusation made, or where the materiality of suc'i witness 
shall he within the knowledge of any Trial Jusuee,;he shall issue his warrant t^- 
quiring such witness to appear before him or the next Trial Justic -, to enter into 
recorjnizance, with jjood security, if doomed proper; which warrant shall authorize 
tue arnst and detentiou of any such witness in any County in the State; and ou 
being brought before 8iich Trial Justice, and refusing to enter into recognizance, 
sach witness may be committed by the said Trial Justice to tlie jail of the County, 
there to remain until he shall bo regularly discharged or shall enter into recogni- 
zance. 

Sec. 127. All Tria] Jn.'^tices before whom recognizances of witnesses, defendant 
or prosecutor, f >r tlieir respective appearances at any of the Courts of Sessions for 
this State, shall be taken, or before whom any information or other paper return- 
able to the same sliall be made, shall lodge the said recognizances, information or 
other pajiers, in the respective Clerk's offices of the Courts to wliich they are reuru- 
able, at least ten days before the meeting of the said Courts respectively. 

Sec. 128. Constables shall be chosen in each County by the qualified electors 
thereof, in such manner as the General Assembly shall direct, for the term of 
two years. Tliey .shall reside in the County, city or beat for which they are 
elected. 

Sec. 129. When any person shall be elected to the office of Constable, he 
shall repair to the Clerk's office of the County, and, together with the evidence of 
hifl election, he shall lodge his bond, in the form prescribed by law, in the penal- 
ty of five hundred dollais, with good sureties, not less than two, nor more than 
five, to be approved in writing by the Clerk ; and upon taking the oath herein 
prescribed, sucJi person shall be entitled to a certificate from the Clerk that he 
has filed his bond, and taken the retjuisite oaths, and shall thenceforth be regard- 
ed as a regularly cjualified Constable ; nor shall any person, not so qualified, exer- 
cise the powers of a Constable : Provided, That nothing herein contained shall 
prevent a presiding Judge or a Trial Justice from appointing a Constable to act 
by virtue of such appointment, only on a particular occasion, to be specified in 
writing. 

Sec. 130. Every Constable shall, before receiving the certificate in the last Se(? 
lion provided for, take the following oaths ; The oath prescribed by the Consti- 
tution for civil officers, the oath against gaming, and the following : "I, A. B. 
swear (or affirm, as the case may be,) that I am under no promise, in honor or law, 
to share the profits of the office to which I have been elected (or appointed, as the 
case may be,) and I will not, directly or indirectly, sell or dispose of said office, or 
the i)rofits tl;oreof ; but will resign, or continue to discharge the duties thereof, 
(luring the jieriod fixed by law, if I »o long live : So help me God." 

12C. Wunc'sses mny De comiiiiiieJ on refus il to give borul. la. 

127. J'rial .lustic.^s to returti tiaoera to Clerk, When. 6. Slut.. 555,-11, 23. 

12S. How Coiistiibles c lo-en ; term o( office ; residence. Con., Art., 4, 21. 

12:). How to quality and t-eiore wl.om. 11, 8tat.. 80. , 

13(1. Oaths to oe adiiiinistered lo Coiislable. 5, Stit., 3S4. 



MANU AL. S05 

Of Constiibles. 



Sec. 131. Every qualified Constable shall be entitled to exercise his office 
throughout the County in which he may be elected or appomted. 

Sec. 132. A Constable is authorized, and he .^hall be bound faithfully and 

promptly : 

1. To execute all processeR lawfully directed to him by compi-t-nt authority : 

2. To make return, on oath, to the person issuing the process, to be endorsed in 
writing on the same, of his proceedings by virtue of it ; 

3. In every case where he may levy an execution, or serve au attaclnnent on 
personalty, he shall specify, by endorfemeut on the execution or attachment, or 
by schedule thereunto annexed, a list of every article so levied on or attached, 
and forthwith lodge a copy of such list with the person issuiiig the process under 
which he acts. In all cases of sale by a Constable, he shall give ten days' nolico, 
bv advertisement at two of the puldic places in the neighborhood, of the time and 
place of sales. And ia-de fault of paying over the amount of any debt collected, to 
the party entitled, or his lawful agent, or to the Trial Ji-tice, upon demand, or 
in default of r-turning to the defendant, upon demand, any overplus Avhicli may 
be in the hands of the Constable, he shall be liable to pay, in either case, to the 
party in interest and entitled to receive, the original sum, and interest thereon, at 
the rate of ten per centum per month, recoverable before a 'Trial Justice, if not 
more than one hundred dollars in amount, if greater, before the Court of Common 
Pleas, besides being liable to be indicted and punished as for a misdemeanor. 

Sec. 133. Every Constable shall be bound to execute, when required, every 
lawful order, judgment and determination of the Iriul Tustice, and of any Trial 
Justice's Court; aud for disobedience herein he shall be liable to be indicted and 
punished as for a high misdemeanor. 

Sec. 134. For oppression in office, whether by undite pcrsonalviolcnce, cruelty, 
taking an a:^iOunt of property in unreasonable proportion to the sum to be collect- 
ed, or for any wilful official misconduct, habitual negligence, ^abitual drunken- 
ness, or fraud, when established to the satisfaction of a jury, upon indi'tmeirt, a 
Constable shall be punished by imprisonment not exceeding one yftivr, aud fine 
not exceeding one thousand dollars, at the discretion of the Court, besides being 
liable to an action by the i)arty aggrieved ; but if any snfh action for damages 
shall be instituted against a Constable, and the plaifttiff fails, he shall be liable ta 
be mulcted in double or treble costs, by order ai\d at the discretion of the presi- 
ding Judge. 

Sec. 'Sai. Upon the conviction of any Constable by indictment, tlie Judge before 
whom the case may be tried shall have power, by order, to declare the convict to 
be removed from office, whereapfm his office shall be deemed vacant. 

Sec. 13G. All or so many of the Constables of any County as may be thereto re- 
quired by the Sheriff .«hall be bound to attend any of the Circuit Courts, shall be 
officers of Court, and perform the appropriate duties and services assigned th< • 
by the Sheriff aitd pre.^iding Judge ; and each Constable so attending shall be e. 
titled to receive the compensation of one dollar and fifty cents for each day's a 
tendance. 

131. To serve processes throuKhout County. 11, St^i., 8J 

132. General duty of Con?ia!.les • penalty if derilect. Coile. 2."6,S17, 3G0. 

1.33. To execute process for 'Jjial Justice. Penalty (or a;^obecience. Co.ie, 81. 

134. Liibility of Consiable. lb. 

18.5. Office v.Tcant. when. lb. 

l:Jtt. To a'kten I ('u'cuit Court .v!xe:i roqoirjj. G, Stit., 2). 



206 MANUAL. 

Of C'onstabk's. 



Sec. 137. Even- Constable shall boa conservator of the peace, sliftll take into 
custody and carry before the nearest Trial Justice, any jKjrson or persons, who 
mav be, in his view, engaged in riotous conduct, or open violation of the peace, 
and refuse, upon his command, to desist therefrom ; and, also, any person who 
may, in his view, commit any felony or misdemeanor ; and for the purpose of 
])rcserving the peace, and, also, exf^cuting any criminal process, and "^very Constable 
phull have the power of ordering ouf such poxse romitatus to his awsistance as 
may be necessary to enabh; him to discliarge hisduty ; and any person n^fusing 
to obey his summons shall be liable to indictment and imprisonment as for a 
misdemeanor. 

Sec. 138. The service, by a Cfmslaule, of any process in the nature of a notice 
for personal ai)pearance, shall be by delivering to tiie ))arty a copy of the same, or 
by leaving the same at his most notorious place of residence. 

Sec. 139. It shall be the duty of every Constable, with |&iom an execution is 
lodged for collection, to proceed forthwith to execute the same, according to ita 
exigency, unless ordered by the party in whose favor the same was issued to wait ; 
and every execution shall be returned to the Trial Justice by whom it was issued, 
vithin sixty days from the date, and the Constable nuikimr such return shall set- 
fortli the full execution thereof, or the reason for his failure. 

Sec. 140. When any Constable fails to do his duty in the enforcement or return 
of an execution, the party in whose favor the same may have been issued may ap- 
ply to any Trial Justice for a rule against such defaulting Constable, re()uiring 
him to show cause, after the expiration of two days from tlie service of such rule, 
why the execution has not been enforced or returned and on liis failing to sliow 
cause sufficient, the said Justix-e may order the same to be made absolute, and the 
Constable sliall be liable for the debt, interest and costs ;and if he be unable to pay 
the same, sucli liability shall he construed a breach of his official bond, and the 
Fame shall be recoverable in an action thereon against liis securities. 

Sec. 141. In all cases in which Trial Justices shall fail to lodge in the offices of 
the Clerks of Court of their respective Counties recognizances taken before them 
for the appearance of witnesses, defendants, or prosecutors before the Court of 
General Sessions for such County, or informations or other papers made before 
them, and returnable to sucli Court, at least ten days before the meeting of said 
Court, and such default shall arise from the neglect or imiuoper delay of the Con- 
Etable or other officer charged with tlie execution of any warrant or other process 
pertaining to the Court of General Sessions, such Constable shall forfeit his fees 
and be subject to a fine of five dollars for every such default, if, upon a rule to 
tihow cau(e he shall fail to excuse himself to the satisfaction of the Court. 

Sec. 143. If any Constable shall charge any other fees, or for any other service 
than allowed by law sndi Constable sh.all be liable to forfeit to the party injured 
ten times the amount of excess of fees so improperly charged, to be recovered by 
suit in the Covirt of Common Pleas. 



137. To nrre«t disturbers o' tiie peace, &c, 11, Stic, 82^ 

J38. Mfiniier of .siTVine procp.s<. lo 

IR9. When execiui'in shall be returuua. lo.. 300, Gen., Slit., 636. 

140. Liabihtv of px"cuti' n he not enforcad or reuirned. It). 

141. Penealty for f.iilure toretmn ciiiniml w.irants. 6. St;it.. 552. 
14£. Liubilit.v U'T uniiutlioiiZL-d cl;iiri;os. 11. St.it., ]51.- 



MANUAL. 207 



Of County School Commissioners. 



CHAPTER XI. 



OF THE 



OfRCE UNO DUTIES OP SCHOOL COMMISSIOMERS. 



Section 1. Tliere shall be elected in each County, at the general election in 
November, A. D. 1874, and at the general election every two years thereafter, a 
School Commissioner, whoyhall hold his office until hie successor is elected and 
qualified. He shall, before entering ujxjn tiie duties of his office, give bond, for 
the use of the County in which he is elected, fur educational purposes, in the 
])enal sum of twice the amount of his annual salary, with good aivd sufficient sure- 
ti(!s, to be ajjproved by the County Cooiniuis&i oners, conditioned for the faithful 
and impartial disciuirge of the duties of his office. 

Sec. 2. On the first day of January next succeeding the date of his election, he 
shall take and subscribe the oath of office pre-rcribed in Section oO, Article II, of 
the Constitution of this State, which oatli he shall file in the office of the Clerk of 
the Court of the County in which he was elected, and sliall imnu'diately enter up- 
on the disdiarge of his duties, and, upon his failure so to do, or if for any other 
cause there should be a vacancy in the office, the Governor shall iiif])oint a iiersoii 
to fill such vacancy, who shall qualify fifteen days after his appointment, and shall 
continue in office until the time prescribed for filling said oilice by election, as 
herein provided ; and should the person so appointed fail to (lualify within the 
time specified, such failure shall create a vacancy. 

Sec. 3. It shall be the duty of each County School Commissioner to visit each 
of the schools in his jurisdiction at least three times a year, and to note the course 
and method of tlieir instruction, and the branches taught, and to give stich recom- 
mendations in the art of teaching, and the method thereof, in each schcKjl, as shall 
be neces.>:ary and expedient, so that uniformity in the course of studies aad meth- 
ods of instructions employed shall be secured, as far as practicable, in tlie schools* 
of the several gi'ades respectively. He shall acquaint himself, as far as practicji- 
ble, with the character and condition officii school, noting any deficiencies that 
may exist, either in the government of the school or the dassificaticm of its pu- 
pils, or the method of instruction emjdoyed in the several branches, and shall 
make such suggestions, in ])rivate, to the teachers, a:* to hnn shall appear neces- 
sary to the good order of the school, and the progress of the pupils. 

He shall note the character and conditirm of the school liouses, the sufficiency 
or insufficiency of the furniture, and shall make such suggestions to the several 
District Boards as, in his opini.>n, shall seem conducive to the comfort and progress 

1. E'ectioii o! Commissioners; lerin cf ofllce. 14. & at., 57S Con., .^rt. 10. 2. 

2. Tme to qualify, and oatli of oflic«: G.>veriior to fiil vacaiiCi'. lb., 578. 

3. Ufeiitral (iuJc^ ol School ComiiiissioneiB. Ilj. 



208 MANUAL. 



Ot Scliuol Conimissioners. 



of tlip ])Ui)ils of the several pcliools. It shall be the duty of each County School 
Coinnii.s.siouer to aid the teachei-H in all proi)er elTorts to improve themstdves ill 
their ])rofession. 

For this purpose he phall enr,oura<i'e the formation of associations of teachers for 
mutual improvement ; he shall attend the meetings of such associations, and give 
such advice and instruction in regard to their conduct and management as, in his 
judgment, will contribute to their greater efficiency. He shull, also, deliver a 
public lecture to the people in each of the several Districts of the County each 
year, for the purpose of elevating the standard of education, and increasing the 
general interest of the people in public schools. 

Sec. 4. It shall be his duty to see that in every school under his care there sliiill' 
be taught, as far as practicable, orthography, reading, writing, arithmetic, geogra- 
phy, Engli.sh grammsr, history of the United States, the i>rinci])les of the Consti- 
tution and Laws of the United States and of this State, and good behavior. 

Sec. 5. He shall, on or before the first day of October, each year, forward to 
the State Superintendent of P^ducation an extended report, containing an extract 
of the reports made to him by the various school officers and teacliers in his 
County, and showing tlie condition of the schools under his charge, suggesting 
such improvements to the school system as he may deem useful, and giving sach 
other informat'on in regard to the practical operation of the common schools, and 
laws relating thereto, as may be deemed of pu))lic interest. He shall also include, 
in liis report, such other matters as ho shall be directed to report by the State Super- 
iutendetit of Education. 

Sec. 6. That, should he fail to miko the Annual Eeport required in the preced- 
ing Section, he shall forfeit to the school fund of his County his last quarter's sala- 
ry of that year, and suall also be liable for damages caused l)y such iailure. 

Sec. 7. That he shall, at all limes, conform to the instructions of the State Su- 
perintendent of Education, as to matters wiihin tlie jurisdiction of said Superin- 
tendent. He shall serve as the organ of communication between the State Super- 
intendent and school autliorities. He sliall transmit to school officers, or teachers, 
all blanks, circulars and other communications which are to them dii-ected. 

Sec. 8. That the several County Tr^nsurers shall retain all the poll tax collect- 
ed in their respective Counties ; and it is hereby made the duty of the said County, 
Treasurers, in collecting the poll tax, to keep an account of the exact amount of 
spid tax collected in each School District in his County ; and the poll tax collected 
therein shall be exp' ndcd for school purpos s in the School District from wiiicli it 
was collected ; and any violation of tliis St^ctiou by the County Treasurers shall 
constitute, and is hereby declared a misiemeanor ; and, on conviction thereof, the 
said County Treasurer shall nay a fi ne of not less than five hundred ( 500 ) dollars, 
nor more than five thousand ( 5,000 ) dollars, to be u sed for school ]>urposes in the 
County suffering from such violation, or imprisonment, in the discretion of the 
Court. 

Sec. 9. It shall be the duty of the School Commissioner of Cluvileston County 
to organize, in all the School Districts outside of the city of Charleston, a suitable 
number of schools. He shall also visit said schools not le.ss than three times du- 

4. 10 see that cercain branches are tauclit. lb., 579. 

6. To report annually to State Superintendent o'i scliools. lb. 
<i. Penaii.v lor failure or nei'leci tj report. In. 

7. To conlorm to instructions ot Slate .Suphirinteiulent: To diuributc blanks lb. 
f^ I'ull tax to be retuine i l)j (.'oui:tv Tre.i-^urur. for sc:;ool yuryoseri. 14. Slut., 559. 



MANUAL. 209 



Of School Coiuniissioners. 



ring each year, and shall perform such other duties as are prescribed for County 
School Conunii^sioners. 

Sec. 10. The School Commissioner of the County of Charleston shall liave ju- 
r!sdicti(m onlv over the schools and all educatioaal interests outside of the corpo- 
rate limit.s of the city of Charleston. 

Sec. 11, At every retjiilar munici])al eh-ction held in the city of Charleston, one 
School Commissioner shall be ehicted by tht.' lei^al voters of each ward, who shall 
continue in office until Jiis successor is elected and qualified. The, School Com- 
missioners so elected shall constitute a Scliool Board, and tliey may assemble at 
any time and elect a Chairman and Clerk and Superintendent of Schools, whose 
term of office, duties aud compensation shall be })rescribed l)y said Board, but his 
term of office shall not exceed that of the Board, electing liim. The duties of the 
Board aforesaid shall be the same as those of the Board of School Truste(;s f or the 
several School Districis, in addition to whidi they shall, on or before the first day 
of October, forwaid to the State Superintendent of Education a report of all mat- 
ters connected with the school interests of the city of Charleston, as are required of 
each County Scliool Commissioner. They shall also have power to levy and cause 
to be collected, as other city taxes are, a sum not to exceed one and one-half 
of a mill ou the dollar on all taxable ]n-o])eity in the said city of Charleston ; and 
the money so collected shall be placed in the City Treasury, subject to the order 
of said City Board of School Commissioners. 

Sec. 12. E.ich County School Commissioner shall receive as compensa'.ion for 
Lis services, including expenses of tiansportation within his County, an annual 
salary of one thousand (1,000) dollars, except tlie County School Commissioner of 
Charleston County, who siiall receive an annual salary of twelve hundred (1,200) 
dollars, payable quarterly by the Treasury. 

Sec. 13. There shall be, in each County, a Board of Examiners, composed of the 
County School Commiss oner, (who shall, t'.j; c'j/fCiV;, be Chainnan.) and tvA) other 
members, who shall be appointed bv the County Scliool Conimissioacr, and who 
shall hold office for the term of two years from the lime of their appointm'jnt ; but 
no person shall 1 e appointed a member of the County Boar>l of Examiners who is 
not competent to leach a first yrade school. 

It sliaU be the duty of the County Board of Examiners to examine all candidates 
for the profession of teacher, and to give to each person found qualified a certifi- 
cate, setting forth the branches of learning he or she may be capable of teaching. 
»^uch examination to Ije renewed every year, and no teacher siiall be employed iii 
any of the common or jjublic schools, without a certificate from the County Board 
of Examiners, or the State Superintendent of Education. 

Sec. 14, The Board of County Scliool Examiners shall meet at least twice a 
year, at such places, and at such times, as the County School Commissioner siiall 
appoint ; and the County School Commissioner shall be Chairman and Clerk of the 
Board, and shall keep a la r record of their prccaedings, and a recrister of the 
name, age, sex, color, residence and date of certificate of each person to whom cer- 
tificate is issued, and in case a certificate be cancelled, shall make a proper entry of 
the same. 

9 Duty 1)1 C'>ii)uii sioueis fur < 'iiavlestou Cciuuti. lb., 5S3. 

10. Have n" juiisdiction over Citv. I'). 

11. One Comuiisaumer for eac'.i bojrd juintlv, to constitute Scliool Boar.I ; mny levy tax. lb.. 

12. t>alary of School Commis'^iDncrs. lb. 578 

13. Commissioner to be Chairiiiaii oi Bo.rJ ■>! Ex. miue.-s. BuurJ to es:i:iiiue tea'-litrs. Gea- 
Slat., 223. 



210 MANUAL. 



Of School Commisaiion-ers. 



Sec. 15-. 'nie sc^ ool year shall continue for a period of nine months, commencing' 
and ending as, ill tlio opinion of the County Board of E.^amincrt', will best sub- 
BTve the educational interests of their County ; but tlio County School Commis- 
sioner shall have power to limit the school year, according to the school fund a^ 
portioned to his County. 

Sec. 1G. It shall l)e the duty of each County School Coramipsioner to divide his 
County into convenient School Districts, for all pur^wses connected with tlie gen- 
eral interest of eduration, and re-district tlie same, whenever, in his judg'ment, the 
general good require.^ it. And every School Distr ct or^fanized in pursuance here- 
of, shall be a body politic and corporate, by the name and style of Seliool District 
No. — , (such a number as may be designated l)y the County School Commissioner,) 

of County, (the name of the County in which the District is situated,) State 

of South Carolina ; and in such name may sue and be sued, and bo capable of con- 
tracting and being contracted with, and holding such real and personal estate as it 
may come into possession of, by will or otherwise, or as is authorized to be piu-- 
chasud by the provisions of this Chapter, all of which shall be us ;d exclusively for 
school purposes. Each School District shal be coiifined to the management and 
control of tiic Board of School Trustees hereinafter provded for, wjo shall hold 
their office for two (3) years, and until their successors are appointed and qualified, 
and the said Trustees shall bo exempt from miliiia and road duty, and payment of 
poll tax. 

Sec. 17. It shall be the duty of each County Board of School Examiners to ap- 
point for each and every School District in their County three Scuool Truster's, who 
shall hold their office for two years, atul whose duty snail be as hereinafter pre- 
scribed ; and t!iey shall have power to fill, from time to time, all vacancies which 
may occur in their respective School Districts iu Boards of School Trustees in their 
County. 

Sec. 18. The said Trustees, within fifteen ( 15 ) days after their appointment, 
shall take an oath or affirnuition faithfully and impartially to discharge the duties, 
of their office, whicli oath the members are authorized to administ r to each, 
other. 

Bec. 19. It shall be the duty of the said Trustees, any two of whom shall con- 
stitute a quorum to meet as soon and often as practicable, after having been ap- 
pointed and qualified, at such place as may be vcior^t convenient in the District, and 
at their first meeting they shall organize by apijolnting one of their number Clerk 
of the Board, who shall preside at the official meetings of the Trustees, and record 
their proceedings in a bouk provided for that purpose. Each member of the Board 
of Trustees shall be duly notified of all meetings,by the Clerk of the Board. 

Sec. 20. It shall be the duty of the Trustees in each School District to take 
the management and control of the local educational interests of the same, subject 
to the supervision of the County School Commissioner, and to visit the school at 
leasi orice in every montli during the school term. 

14. Board to meet semi annaiiliy: Commssiouer to be Clerk. 14, Stat., 580. 

15. Leust;) ot SuliO'lYear. lb., 583. 

16. Cominissiouers to divide Counties into Dialricts ; lo name i>r iiumbiT them : Trustees to ba 
appointed in eacti Disirict. Gen. Siat.. 320. 

17. How Trustees to oe appomted. lb., 330. 

18. Trustees to take oath or affirmiition. lb, 

19. To bold meetings : to appoint a < 'Isrk. lb. 

20. General (iutii^s of Trustees. lb. 



MANUAL. 211 



Of School Commissioners. 



Sec. 21. They shall niak"^, or cause to be made, once in t\vo years, in each School 
Diptrict, Ity the first day of September, an enumeration of the chiiiiren between the 
ages of six (G) and sixteen (16) years, resident -witliin sucli School District, disfm- 
j^uishinrr between male and female, white and colored ; and the Clerk of said 
Board of Trnstees shall return to the County School Commissioner a duplicate re- 
turn of the same. Each School Trustee shall receive five (5) cents per capita for 
each child enumerated by him; the account for which shall be audited by the 
County School Commissioner, and paid, according to law, by the County Treasur- 
er, out of the school fund of the School District wherein he enumeration was 
made : Prodded, That in ci'so the enumeration of the scholastic population of any 
School District is not made, as jfrovide 1 for in this Chapter, by il.aS time, the Coun- 
ty Board of School Examiners is authorized to ai'point now 'i'ruslecs for such School 
District, unless tor good and sufficient cause the Trustees have failed to act. 

Sec. 22. It shall be tlie duty of the Board of Trustees to hold a re<;ular session 
in their School District at least two weeks before the comniejicement of any or ev- 
efy school term, for the transaction of any kind of business nece-ssary to the pros- 
perity of the school, with power to adjourn, from time to time, and to hold special 
fiieetin^s at any time or place. 

Sec. 23. The Board of Trustees shall liave power to establish and make all ar- 
rangements for the common schools of Districts, and to make the same comforta- 
ble, payin<j; due regard to any school house already built, or site procured, as well 
as to all jther circumstances proper to be considered, so as to best promote the edu- 
cational interests of their District. They shall employ teachers from among those 
having certificates, and dischartfe the same w'.ien good and s.ilficient reasons for 
so doing present tliemsclves : but they shall employ no person to teach in any of 
the schools under the r supervision unless sue' i ]>er8on shall hold, at the time of 
commencing his or lur school, a certificatu to teach, granted by the County Board 
of School Examiners, or by the State Superintendent of Education. 

Sec. 24. Should the Board of Trustees be unable otherwise to procure sites for 
school houses, they are hereby authorized to ap])oirit a jury of v ew of five (5) legal 
voters of the County, who shall locate said site as the pu^ lie interest may require ; 
but, except in a city, town or village, said site shall not be located within two hun- 
dred ( 200 ) yards of the dwelling of the owner ot the land tak^u lor said site with, 
out his consent, given in writing. The said jury shall assess the value of the 
same, and r'^port their action to the Board oi Trustees, who shall secure the title 
and pay for the site, as decided by the jury of view, out of any moneys available 
for that purpose ; and, upon such yiaymeut, the title shall immediatidy vest in the 
Trustees, and their successors in office. 

Sec. 25. If any person or persons shall threaten, or in any manner interfere 
with the jury of view herein directed to be appointed, while discharging the du. 
ties herein prescribed, he or they, separately or conjointly, shall be dei mod guilty 
of a misdemeanor, and, on conviction in any Court of competent jurisdiction, be 
fined not more than two hundred dollars, or be imprisoned not more than ninety 
days, or shall suffer both fine and imprisonment, in the discretion of the Court, 
and any moneys accruing from such fines shall be added to the school fund of tho 
School D.str.ct wherein the guiKy party c parties reside. 

21. T.i take ceisusol c ildren every two years : Bow paid. Proviso , lb. 

22. To iiold re.iil.ir sessioui wben; wd en special ntieetiaRS. lb. 
2.3. General powers o* Traa ee». 14,S'at., 581. 

21. May appiintj'iry to select scliO'il sup, who -iial. ijsess vilu° : life to vest in Trustees. Il> 
25. Peiiahy lor inlerierriiie '.vith Jury. lb. 



212 MANUAL. 



Ot School Commissioners. 



Sec. 26. When it shall sohajipen that persons arc so situated as to be better ac- 
coramoJatod at the school ot any adjoininpr School District, or whenever it may be 
desirable to estaljlish a scliod compos.'d of parts of two or more School Districts, 
it shall be the duty of the respective boards of Trustees ot the Scl:ool Districts in 
whicii such persons reside, or in which such schools may be situated, or of the 
School Districts, of the the parts of which the school is to be composed, to trans- 
fer such persons for education to the School District in which such school house is 
or may be located ; Init the enumeration of scholars shall be taken in each District as 
if no trai.sfer had been made ; and such school, when so comj)osed, shall be sup- 
ported from tlie school funds of the respective School Districts from which the 
scholars may have been transferred. 

Sec. 27. It shall be the duty of ea'^h school teacher to make out and tile 
with the Clerk of the Board of Trustees, at the exj)iration of each school month, 
a full and complete report of the whole number of scholars admitted to the school 
during each month, distin<i;uisliiiig between male and female, the average atten- 
dance, the branches taught, the number of pupils engaged in each of said Ijranch 
ee, and such other statistics as he or she may be required to make by the County 
School Commissioner; and until such report shall have been certified and filed by 
the said teacher, as aforesaid, it shall be the duty of said Board of Trustees to re- 
quire the same, to forward to the County School Commissioner, before said teach- 
er can draw pay for his or her services. On the filing of the teacher's report, the 
Clerk of the Board of Trustees shall draw an order, in duplicate, on the County 
Treasurer for the amount due each teacher, which order shall be countersigned 
by the County School Commissioner, who shall file the duplicate iu his office. 

Sec. 28. An annual meeting of each School District shall be held on the last Sat- 
urday of June, of each year, at 11 o'clock, A. M., notice of the time and place being 
given by the Clerk of the Board of Trustees, by posting written or printed notices 
in three public places of the District, at least ten days before the meeting. 

Special meetings may be called by the Board of Trustees, or by a majority of 
the legal voters of the District ; but notice of such special meeting, stating the 
purpose for which it is called, shall be posted in at least three public places with- 
in the District, ten days previous to the time of such meeting. And no business 
shall be acted upon at any special meeting, not specified iu said notice. 

Sec 29. The following persons shall be entitled to vote at any District meeting, 
viz : 

All persons possessing the qualifications of electors, as defined by the Constitu- 
tion of this State, and who shall be residents of the District at the time of offering 
to vote at such meeting. 

Sec. 30. The inhabitants qualified to vote at a school meeting, lawfully assem- 
bled, shall have power : 

1st. To appoint a Chairman to ])reside over said meeting. 

2nd. To adjourn from time to time. 

3rd. To choose a Clerk, who shall possess the qualifications of a voter. 

86. Cliildren mas be transierveU Iroui one District to auot.ier. lb. 
2!?. Teacliers to report to Board montiilv ; How paid, and when. Gen. Stat., 232. 
28. Annual and .special meeiin:?s of tjcliooi Districts. 14, Slat, 533. 
589. Powers of sued uipetinss. lb., 584. 

30. Scnool money to be held by Tre .surer ; To be collfcted at timeotler Cou.-ity tax«3 are. Gen. 
glut.. 232 



MANUAL. 
Of Sdiool Coumiissioncrs. 



213 



4tli. To raise by tax, in addition to the amount apportioned by the State to their 
use, such f urther'sums of money as they may deem proper for the support of pub- 
lic Siil^idiS ^'^t eUlU l\ot''to i>t' nron^ than tjiroe dollars for ey^rj child in tk^ Dis- 
trict between the ages of six and sixteen, as ascertained l)y the last enumeralion, 
said f-um to becolloctod by the County Treasurer, and to be held by him subject to 
the order of the Trustees, count. rsi<^\e'l by tlu^ Oninty Scliool Commissioner, suih 
sums of money to be used as shuU be :if,'ieed ajKni at the meetjnj^, either for the 
pay of ttaelurs' salaries, or to purchase or lease sites for school houses ; to build, 
hire or purchase such school houses ; to keep them in repair, and furnish the siime 
with necessary fuel and appendages ; or to furnish blackboards, outline maps and 
uparatus for illu«jtrating the principles of science, or to discharge any debts or lia- 
bilities la-wf ully incurred. 

•T5tlt. To give such directions and make such provisions as may be de^me/l neces- 
sary, in relation to the prosecutiim or de^Jence of any suit or j)roceeding in wliich 
the District may be a party. 

6th. To authorize the Board of Trustees to build school houses, or rent the same ; 
and to sell any school house site, or other property belonging to the District, when 
the saituj shal] no longer be needed for-the use of the District. 

7th. To alter or repeal their proceedings, from time to time, as occasion may re- 
quire, and to do any other business contemplated in this Chapter. 

Sec. 31, The County Treasurer shall pay over all moneys by him received, 
•which shall have been assessed by vii'tue of the vote of any District meeting, as 
herein provided for, in the County in which such District is situated, on the order 
of the Clerk of the Board of Trustees of said District, countersigned by the Coun- 
ty School Commissioner, to be used for the purpose directed by the District meet- 
ing so l\4i]iL Said money shall be assessed and collected at iho tjine, and in t)}§ 
maniver that County taxes are assessed and collected : Provided, That in School 
Districts where there are less than one hundred children between the ages of si^ 
(^jad sixteien, the inhabitants may raise sucl> a sum^ per child^ as will be sufficieiU 
to majiitain their schools. 




214 MANUAL. 



Of County AuditorB, and Treasurt=rs. 







CHAPTERS XII, AND XIII. 



OF THE 



OFFICE AioDyms OF luoiTORUMorasues, 



Section. 1. The Governor is authorized, by and witli the advice and consent of 
the Senate, to appoint the County Auditors, and County Treasurers, and to require 
such bonds from said officers as he may deem necessary : Provided, That the bond 
of the County Treasurer of Charleston County shall not be less than twenty thous- 
and (30,000) dnllars, and the bonds of the County Treasurers of each of the other 
Counties sliall not be less than ten thousand (10,000) dollars. 

Sec. 2. The (Jovernor is authorized and empowered, whenever to him, there 
appears good and sufficient cause, to remove any County Auditor or Coun- 
ty Treasurer, and report the fact, together with his reasons thereof, ta the Gener- 
al Assembly. 

Sec. 3. Any officer so removed, who shall attempt to exercise the functions of 
the office from which he has been removed, after official notic<; of such removal ; 
or fail, when application is made to him by his successor, to turn over all the 
books, papers and property of all kinds wliatsoever pertaining to his office, shall be 
deemed guilty of a misdemeanor, and on conviction thereof shall, for each offence, 
be fined in a sum not less than five hundred dollars, or be imiirisoned for not less 
than six months. 

1. Cmuiy Auditor and Trfasuier 10 be appointed byGover'ior; Bond oi Treasurer. 14, Stat, 
39.145 

2. Governor mav remove Auditors and Treasurers, and fill vacancies. lb. 329. 
3 I'euaUy for recusal to turn over books ifcc. wnen removed. lb. 



MANUAL. 215 



Of (."ouiit.v Auditors, and Treasurers. 



Sec. 4. If the Senate is uot in session when a vacancy occurs in any of said 
offices, then the Governor shall fill such vat ancy hy appointment, and the offi- 
cers thus appointed shall continue in office until the expiration of the next term of 
the General Assembly, and if they shall be confirmed by the Senate they shall con- 
tinue in office until the expiration of the regular term, and their successors are 
appointed and qualified. 

Sec. 6. The Treasurer of Charleston County is authorized to appoint three Dep- 
uties, whose duty it shall be to assist in the collection of taxes in said County. 
Said Deputies shall each receive, as compensation for their services, the same com- 
missions as are jiaid for the collection of taxes to the County Treasurer: Provided, 
That the total amount paid to each Deputy, in any current year, t;liall not ex- 
ceed the sum of five hundred dollars: And promded, farther. That the duties of 
said Deputies shall be confined to the collection of the simple taxes, and shall 
not include the collection of taxes with ))enalties attaclied. Said Deputies shall 
give such bonds for the faithful performance of their duties as said County Treas- 
urer shall require. 

Sec. 6. Each County Auditor is hen-by authorized to administer all oaths nec- 
essary to be taken by any one in the assessment and return of property for taxa- 
tion, or necessary in the performance of any duty enjoined upon County Auditors 
by law. 

Sec. 7. The County Auditor shall have the same powers to enforce correct re- 
turns from bank officers and bankers, to examine witnesses and enforce their atten- 
dance, and have the same aid of the Court of General Sessions of the County, as 
is provided by law in cases where individuals fail to list their property for taxa- 
tion, or are suspected of having made false returns ; and in all cases of failure to 
make returns under this Chapter, or in a case of a false return, by any unincorpor- 
ated bank, banker or bankers, the Auditor shall ascertain the true amount, as near 
as may be, add fifty per cent penalty thereto, and charge the party or parties witli 
the taxes on the iuuouni so ascertained by him, with the penalty aforesaid ; but 
in cases of unintentional mistake in making the return, the true amount only 
shall be charged against the parties, without penalty. 

Sec. 8. Any person claiming not to have any property shall, upon the demand 
of the Auditor, make oath to tlie fact that he has no i)roperty ; and, if he refuse to 
make such oath, lie shall be deemed guilty of contempt of the Auditor, and, upon 
complaint of sucli Auditor to the Court of General Sessions of the County, shall 
be arrested and confined in the jail of the County until he answers such (juestious, 
under oath, as may be propounded to him by such Auditor, and i)ay the costs of the 
proceedings. 

Sec. U. The Auditor of State shall prescribe the forms of all returns of taxation, 
and of the oath that shall be made tliereto, and transmit the same to the several 
Cininty Auditors, who shall cause a sufficient num'oer thereof to be printed and 
distributed to tludr assistants; and any return made in any way materially vaj-y- 
'.ng therefrom, shall not be regarded as a return. 

4. I( Seaaie not in session, uliai. lb 66. 

5. Treaanrrr of Cliarleston mayaopoini dppoties; Bond; pay; Id. 3G6. 

6. Ccu'.iti An liior authorized to admit, ister oatlis. (b. 06. 

7. Poweis 01 Au.liti>rs ; Penalty for falso returns. ID, 40. 

8. Certain per>ons required to make oaiii ; penuliv on rCusat. lb. 033. 

9. Stiitu Auditor to prescribe loriu oi reiuriis, .iu,l of outli. Ij. 0'i4. 



21 G MANUAL. 

Of County Aiuliti^rhi, and Treasurers. 



Skc. 10. If any person sliall refuse or neglect 1o innkc out and deliver to the 
Auditor a statcnient of personal property, as provided by this Chui)tcr, or sliall re- 
fuse or ncf^iect to take and suhscribe an oath as to tbe truth of such statem 'ut, or 
any part thereof, or in case of the sickness or al sence of f-uch person, the Auditor 
sliall proceed to ascertain, as near as may be, and make up and return, a state- 
ment of t'le personal pro])erty, and the value tliereof, with which such person 
phall be cliar^red for taxatiou, nccorJiing to the provisions of this Chapter ; and to 
enable such xVuditor to make U)) such statement, Le is authorized 1;o exaniine any 
person or persons, under oath, and to ascertain, from general rei)utatioii and his 
own knowledpe of facts, the character and value of the personal property of tho 
person thus absent, or sick, or refusing or neyleciing to list or swear ; and said 
Auditor shall return the lists so made up by him endorsed : ''lietuseu to list," or 
Refused to swaar," or "Absent," or "Sick," as the case may be, and in his return, 
in tabular form, sliall write the same words opposite the names of each of tbe per- 
sons so refusini^ or neglectinj^ to list or swear, or absent, or sick. 

Sec. 11. The assoi-sment of all porsonnl proi)erty, and the valuation of all lands, 
lots and new structur. s, wiiich have not previously been valued and entered ou 
the duplicate for taxation, shall be made between the SL.'cund Monday of July and 
the second Mondaj"^ of August, annually ; and too Auditor shall, on or before the 
third Monday of July, deliver to or leave at the residence or place of business of 
each person within his County, a printed form of statement or return for taxation, 
with the proper form of oath attached thereto, and shall, ai the time iie delivers 
such forms, receive from such pei'sou the statement of ))roperty for taxation requir- 
ed by this Chapter, verified by the oath of such person, if desired so to do at ihat 
time, by such person ; l)ut if the jjers m be not ready nor desire to make such state- 
ment at tho time of receiving such forms, he siall make up and deliver the state- 
ment to the Auditor, on or before the first Monday of August of tbe year he re- 
ceived the forms, and in case of failure so to do shall be held to have neglected to 
list, and shall be assessed and returned by the Auditor accordincly ; and if the 
Auditors!! (ill fail to deliver the forms aforesaid to any person, sucii person shall 
not thereby be excused from lisLing bis property for taxation ; but in such case, if 
he make and swear to his slaiement, and deliver the same to the Auditor at any 
time i;efore the second Monday of August of the year in which the return is re- 
quired, the Auditor shall not return him as neglecting to list. 

Sec. 12. Each Auditor shall, at the time he delivers the forms mentioned in the 
preceding Section, enter in a book, to be provided for that purpose, an alphabet. 
ical list of the names of all persons, companies and corporations in his County, as 
the case may )>e, designating the section of land or street, and number, as near as 
may be, of the residence or i)lace of business of such person, company or corpora- 
tion, which shall be preserved in his (jffice and handed over to his successor, and he 
bhall enter therein a statement of all new structures erected in his County of the 
value of one hundred dollars or more, at any time during the then current year, 
commencing ou the first day of July, and of all old structures destroyed during the 
pame year, of the value of one hundred dollars or more, and a description of the 
land or lot on which such structures were respectively erected or destroyed, with 
the name of the owner of each, and such other things as may be required by the 
Auditor of State. 

10. Au.iiturs duly \\lieii ;io reiuni isiuuUe. Ij. 023. 

11. When lisses'^meiits to lie. inaile ; and when returns. I). 020. 623. 

1"2. Audnors co mako; iilpli^bcticii list of iiaiues, uniJ uusor unuiial btatein.iit of ae.v structLrjs. 
I'J. 



MANUAL; 217 

Oi tJounty Auditors, and 'l'ieasutCl"P< 



Sec. 13. Each Auditor sliall, ou or before the twentieth day of August, annual 
ly, make out, in tabuhir form and alphabetical order, a list of the names of the 
several persons, companies and corporations in whose nanjes any personal prf)per- 
ty shall have been listed, giving the first Christian name of the several persons ; 
and he shall enter separately, in appropriate columns, opposite each name, the 
aggregate value of tiie several .species of property mentioned in the tenth Section 
of this Chif|)ter, making separate lists of the property listed as taxable in incor- 
porated villages, cities and wards, and that li.sted as taxable out of cities, wards, 
and incorporated villages, all of which columns shall be accurately added up and 
footed ; and, at the same time, file and preserve in his otRce statements of {)roper- 
ty listed by him, or received by him from others. 

Sec. 14. Each Auditor shall, annually, at the time of taking the list of person- 
al property, also take a list of all real property in the County subject to taxation, 
Avhich shall not have been previously listed ; and of all new structures, of the value 
of one hundred dollars or more, not previously li-sted ; and of all old structures, of 
the value of one hundred dollars or more, which were destroyed during the pre- 
vious year, and affix a value thereto, with a description of the land or lot on which 
the sanies was or is situate, endorse his affidavit thereon that the same is correct, 
that the valuations therein stated liave been made according to the rules prescrib- 
ed by this Chapter, and return the same with the names of the owners, respective- 
ly ; and, if the owner of any such new structure shall be the owner of the land on 
wliich it is situate, or of a permanent leasehold estate therein, the County Auditor 
shall add to or deduct from, the value of the land or lease, as the case may be, as 
the same may stand on the duplicate, the value of such structure so returned. 
And, when required by the Auditor of State, the County Auditor shall return to 
the Auditor of State the value of all such structures : Protided, That the Audit- 
or shall not deduct any greater amount for the destruction of any structure than 
waa previously charged for the same on the duplicate. 

Sec. 15. It shall be the duty of each Auditor to state, in the column of remarks 
opposite each tax payer's name, in the return made by him, any amount which he 
believes ought to be added to the valuation of the prop jrty listed by such tax- 
payer, his agent or other person. It shall also be his duty, at any time after his 
return, if he ascertain tuat any personal property in bis County has not been list- 
ed, to list the same, and make return thereof, with the valuation thereof as fixed 
by the owner or himself, and the name of the owner or person to whom it is taxa- 
ble, and the Auditor shall charge tlie same on the duplicate for taxation, adding 
fifty per cent, to the value, as returned, as ])enalty. 

Sec. 1G. Each Auditor shall take and sub:;cribe an oath, which sliall be attach- 
ed to the return of personal property he is required to make by this Chapter, in 

the following form : "I, , Auditor of the County of 

, State of South Carolina, do solemnly swear that the foregoing re- 



turn contains a true statement of all personal property listed by myself or others 

for taxation in said > , with the valuations thereof, as sworn 

by others and ascertained by myself, for the pres-cnt year; that I have diligently 
endeavored to ascertain and cause all the personal and taxable property in said 

13. Auaiiors to m;ike list of errors, and append value ol prooerty. lb. lb. 

14. Wiien tiikiiii: lisi of persondity, annually, simll take list ot rciilty not before entered ; addi- 
tions and deductions lo be niU'ie. I.j. 

15. Auditors to s-iate in column o' remarls, « hat sliould be added : Duty as tn property no: 
(Uriied. Id. 



218 MANUAL. 



Of County Auditors, ^nd TieaBurers. 



-to be listed ; and, so far as J kn<»\vand believe, all pro]v 



«rtj (except sucli as is otkerw'ise designated in said return ) is valued in said re- 
tnrn at the price for which It would sell at fair private sale ; that I have not 

knowingly omitted to furnish any person required to list property in said 

'■ with the proi>er form for makhig the same ; nor in any way connived at 



any violation of r.he tax laws of this State." And such Auditor shall not be en- 
titled to receive any compensation for his services, until he takes and subscribes 
Buch oath ; nor until he makes his return of real estate and new structures, with 
the valuations thereof, under oath, as required by this Chapyter. 

Sec. 17. Any person, company or cirporalion, commencing any business in any 
County of this State, after tlie first day of July, in any year, the capital or persoual 
property employed in which shall not have been previously listed for taxation in 
flaid County for such year, shall, within thirty days after commencing- sucli busi- 
ness, report to the Auditor of the County, iDider oatti, the average amount of the 
capital intended to be employed iu such business, fr(<m the time of its commence- 
ment to the first day of July next ensuinfr; and, upon makinrj satisfactory proof to 
said Auditor, that such v'apital or property has been regularly listed for taxation in 
some other County in this State, said Auditor shall file report and proofs in his of- 
fice, and give to the Y)arty a certificate that he or they have complied with the pro- 
visions of this Section, and are not liable to taxation in his County on such capital 
or property for the then current fiscal year. But if he or they shall not satisfacto- 
rily prove that such capital or ]iroi)erty has been previously listed for taxation in 
gome County of this Stale, said County Auditor shall charge him or them on his 
duplicate with puch proportion of all taxes leVicd on others upon similar capital or 
property, at the jlace of the. business, as the time Irom the commencemont of the 
business to tlie ensuing first day of July, bears to one year. 

Sec. 18. It shall be the duty of each County Auditor to ascertain the names of 
all persojis commencing an}' business in his County after the first day of July, an- 
nually, w]'Ose capital or property employed in such business was not listed for 
taxation in his County lor the then current fiscal year. 

Sec. 19. If any person, company or corporation shall cummence any lousiness 
in any County of this State, after the first day of July, in any j-ear, tiie capital or 
property emi)loyed in wnich shall not have been previously listed for taxation in 
said County, and shall not, within thirty days thereafter, make such rejiort to the 
Auditor of said County as is required in the seventee-ith Section of this Chapter, he 
or th 'y shall forfeit and pay the sum of one hundred dollars, which shall be col- 
lected, by civil action, in the name of the County Commissioners, and paid into the 
County Treaury, for the exclusive l)cnefit of uhe County. And process in such case 
may issue out of the Court of common Pleas of the County in which such business 
was commenced, directed to the proper officer, and be serve J in any County of this 
State. 

Sec. 20. It shall be the duty of each County Auditor to make out, from the map 
and descriiitiens in his possession, and from such other sources of information as 
shall 1)6 in his powei', a correct and pertinent description of each tract and lot of 
real pro])erty in his County ; and, wlien he shall deem it necessary to obtain an ac- 

16. Fopin or o;itii to De :iUjcliea to return oi personal property. lb. 

17. Persons coinnpiicni!; business alter first July lo make r.;cuni in tliirtv days. lb. 630. 

18. Audiiors to ;;scert-iin names of suyii persons. lb. 62f 

19. l'ei;aUy for fiiilure to reuort to Auditor. lb. 680. 

20. Auditors to iiiakf correct de'cr;ptioii of reiil property : owuers required to fur iish same, 
lb. C23. 



MANUAL. 219 

Of Couuty Audittir.s ftud TrouBurers. 

curate description or any separate iract or lot in liia district, he may require tlie 
owner or occujiier tlurcof to furnish the same, with any title papers he may Lave 
in his possession ; and if such owner or oc"upier, uj)on demand mnde for the sume, 
sLall neglect or refuso to furnish a satisfactory description of such parcel of real 
property to s'.icli Auditor, he may employ a competent surveyor to make out a de- 
scription of the bouudaries and location thenof, and a statement of the qnantity of 
land therein ; and, to the exjiense of such survey the Auditor of the dmnty shall 
add the tax assoasid upon such real propiny, and it shall be collected l)y the 
Treasarer of the County with such tax, and, when collected, shall bo paid, on de- 
mand, to the person to whom the same is duo ; and he shall, in all cases, from act, 
ual v.ew, and from the best sourc !3 onnformation within his reach, determine, as 
near as practicable, the true value of each separate tract and lot of real property in 
his County, according to the rules prescrioed by law for valuinjr real property ; and 
he shall note in his plat-book, separately, tiie value of £.11 houses, mills, and other 
buildings, which exceed one iiundred dollars in valuo, or any tract of land, city, 
village or town lot ; which shall bo carried out as a jtart of the value of Huch tract 
or lot ; he shall also enter on his plat-book the number of acres of araole or plow 
land, the number of acres of meadow and pasture land, and the number of acres 
of wood and uncultivated land, in each tract, u3 near as may be. 

Sec. 21. For the purpose of enabling the Auditor to determine the value of 
buildings and other improvements, he is hereby required to enter, and fully to ex- 
amine all buidings and structures, of whatever kind, which are not expressly ex- 
empted from taxation. 

Sec. 23. Each Auditor shall, as often as the General Assembly shall, by Joint 
Kesolution, direct, make out a return in tabular form, contained in a book to be 
furnished by said Auditor, of the amouni, description and value of the real prop- 
erty subject to be listed for taxation in his County, which return shall contain : 

1st. The name of the Several persons, companies and corporations in whose name 
the several tracts of real property, other than town property, in each township 
within his County shall have been listed ; and in appropriate columns, opposite 
each name, the description of each tract, dcsighaling the numberof acres, the num- 
ber of the section, and the part thereof, and of the township or survey, listed in 
such name, and the value of each separate tract, as determined by the oaid Audi- 
tor. 

y2d. The names of the several persons, companies and corporations in whose 
name the several lots of real propert}' in each town, city and village in his County 
shall have been list".;!, and ;n tie appropriate columns, opposite each name, the 
deacription of each lot, and tne value thereof, as determined by the said Auditor, 
and such description shall designate the town, city or village, th-^ number of lot, and 
tiie part thereof ; and if a part of a lot is hsted, it shall state number of feet along 
the principal street on Avliich it abuts. If the name of the owner of any tract of 
land or lot sliall be unknown, the word "unknuwu" shall bo entered in the col- 
umn of names oppoaite said tract or lot. 

Sac. 23. The Auditor, at tlie timj of making the assessments of other real ea 
tate for taxation, s'lall enter in a separate list pertinent descriptions of the real es- 
tate exempt from taxation by law, with the valuation thereof made by himself, de- 
termined by the rules prescribed by law, and designating the owner of each sever- 
al parrel. 

21. Auditors autlionzed lo enter ouil '.ities &3. to Uml out value ID. 

32. Auditors to tuake tabular returns to General Asseuibly when required. lb. 366, 620, 623. 

"Xi. I'o ent»r in return deeenDli'in of property exempt :rom tuXJilon. lb. 



g20 MANUAL. 

Of County Auditors, and Treasurers. 



Sec. 24. The County Auditor, the County Treasurer, and County Commissioners, 
or a majority of them, shall form a County Board for the equalization of the real 
property of their County, with tlie excjption of the real property in the city of 
Ciiarlesto'i, which shall bi? eqaaliz^dby a Special Boar I, as hereinafter provitlod. 
Tliey shall meet as often as the General Assembly shall, by Joint R -solution, di- 
rect, at tiio Auditor's office, in the sev.Tal Counties, when the County Auditor shall 
lay b-'fore them tlio returns of the roal property made by him, with the additions 
he shall have made tliereto ; and havin<? each taken an oath, fairly a'ld impartial- 
ly to equalize the value of the real estate of such County, accordiucj to the provi- 
sions of this Chapter, tliey shall immediately proc iod to equalize such valuation, so 
that each tract, or lot shall be entered on the tax list at its true value ; and for this 
purposii thev shall observe the tollowinjj rules : 

1st. They shall raise the valuation of such tracts and lots of real properly as, in 
their opinion, have been returned below thuir true valua, to such pricj or sum as 
they may believe to be the true value thereof. 

2d. They f?hall roduce the valuation of such tracts ai]d lots as, in tlieir opinion, 
have been returned above their true value, as compared with the average valua- 
tion of the real property of such County, having due regard to their relative situ- 
ation, quality of soil, improvement, natural and artificial advantages possessed by 
each tract or lot. 

3d. They shall not reduce the aggregate value of the real property of the Coun- 
ty below the aggregate value thereof as returned by the County Auditor, with 
the addition made thereto by said Auditor, as hereinafter required. The County 
Auditor shall keep an accurate journal or record of the proceedings and orders of 
said Board. 

Sec. 25. Each County Auditor shall, on or before the thirtieth day of September, 
one thousand eight hundred and seventy-three, and on the same day in each year 
thereafter, make out and transmit to the Auditor of the State and the County 
Commissioners, an abstract of the real property of each District in his County, in 
which he shall set fortli : 

1st. The number of acies, exclusive of town lots, returned by said Auditor, with 
such additiojia as shall have been made thereto. 

2d. The aggregate value of such real property, other than town lots, as return- 
ed by said Auditor, inclusive of such additions as shall have been made thereto 
under the provisions of this Chapter. 

3d. The aggregate value of the i-eal property in each town, city and village in 
his County, as returned by said Auditor, with such additions as shall have "been 
made thereto. 

Sec. 26. There shall be an annual County Board for the equalization of the real 
and persona] property, moneys and credits in each County, exclusive of the city 
of Charleston, to be composed of the County Commissioners, County Auditor and 
County Treasurer, who shall meet for that purpose at the Auditor's office in each 
County, on the second Monday of September annually. Said Board shall have 
the power to hear com]ilaints, and to equalize the valuationsof all real and person- 
al property, moneys and credits within the County, and siiall be governed by the 
rules prescribed in the twenty-fourth Section of this Chapter, for the government 

24. Wlio compose County Board ot Equalizntion : Duties ot Bosrd. lb. 

2.5. County Auditors to make return to State Au.litor: Nature oi return, It). 366, 629, 633. 

36. Boar>i lor ihiirleatan ; tueir f.ow ts :u»J Jutjes. lb. 639. 



MANUAL. 221 



Of County Auditors, and Treasurers. 



of the County Boards for tlie equalization of real property: Provided, That said 
Board shall not reduce the value of the real property of the County below the 
aggregate value thereof, as fixed by the State Board of equalization, nor below its 
aggregate value on the duplicate of the preceding year, to which shalJ be added 
the value of all new entries and new structures, over the value of those destroy- 
ed, as returned by the County Auditor for the current year. 

Sec. 27. Tliere shall be a Special Board f<ir the equalization of the real and per- 
sonal projjerty, moneys and cndits of the city of Charleston, to be composed of 
the County ..\.uditor and six citizens of the said city, to be appointed by the City 
Council of said city, which Board shall meet annually, at the Auditor's office of 
said County, on the first Monday in September, and shall have power to equalize 
the value of the real estate and personal property, moneys and credits within said 
city, and sliall be governed by the rules, provisions and limitations prescribed for 
the government of annual County Boards for the equalization of real and personal 
property, moneys and credits ; but said Board shall not continue its sessions more 
than two weeks in (me year. 

Sec 28. The several County Auditors shall lay before tiie several annual Boards; 
of Equalizatitm, aforesaid, the valuations of the several tracts and lots of real pro- 
pel ty in their County or city, as the case may be, as the same was entered on the' 
duplicate of the preceding year, or as fixed by the State Board of Equalization,, 
and of those feturned by the said Auditors for the current year, with such maps, 
returns, lists and abstracts as are in their respective offices ; and each shall keep 
a regular journal of its proceedings, Avhich shall be Oeposited and kept in the of- 
fice of the County Auditor. Said City Boards shall have power to equalize the 
valuations of the several parcels or lots of real ])roperty in such city, respectively, 
by adding to the value thereof in such wards, blocks or other districts therein, 
which, in their opinion, is too low, and b3' adding to the value of such several par- 
cels or lots as they may deem too low, and reducing the value thereof in such 
wards, blocks or other districts as they may deem too high, and by reducing the 
value of such several parcels or lots as they may deem too high. They shall, also, 
have power to hear complaints, and equalize the value of the personal property, 
new entries and new structures in said cities, respectively, returned for taxation 
the current year, by adding such per centum or amount to the valuations in such 
wards, or of such individuals, as they may deem equitable and just, and by de- 
ducting from \\\c valuations in such wards, or of individuals, such per centum or 
amount as they deem etiuitable and just. And said County Boards shall have 
power to equalize the valuations of real property in their respective Counties, by 
adding to the value thereof in such villages, towns and other districts not in the ci- 
ty, as they may deem too low, and by adding to the valuations of such several par- 
cels as they may deem too low ; also, to reduce the valuations thereof in such vil- 
lages, towns and other districts, or of individuals, as they may deem too high ; 
nevertheless, the aggregate deductions from the valuations of real estate shall be 
subject to the limitations ])rescribed in the twenty-fourth Section of this Chapter ; 
nor shall the aggregate deductions of the valuations of per.sonal property reduce 
the total value of the personal property in the city or County below that returned 
by the Auditors. 

26. Powers ol Bo.ird of equalization : Proviso. lb. 

27. Special Board, lor city of Charleston. lb. 

38. Aiiditors to exhibit valualious to Hoards o.^Eqirilizatioii. lb. 62.3, 



222 MANUAL. 



Of County Auditors, and Treasurers. 



Sec. 29. The County Auditor sliall add to, or deduct from, tlie value of tlwi real 
estate or personal property sUclv per centum, in villa<res, towns, wards, blocks, or 
otlier district.-^, as may be o/der^d by tlieBoardof Equalization of the city or Coun- 
ty, as the case be, on the dujilicale, distributing the t-an\e, 'pro rata, to each own- 
er, and shall add to, or deduct from, the. valuation of the real or personal property 
of individuals, companies and corporations, such sum or sums as may be ordered 
by either of t^aid Boards. 

Sec. 30. When the State Board of Equalization shall have completed their 
equalization of real property among the several Counties, the Auditoi? of State 
shall transmit to each County Auditor a statement of the per centum to be added 
to, or deducted from, the valuation of the real property in each of the several 
towns, villages and cities, and of real property not in towns, villages or cities, in 
case an equal per centum shall not have been added to, or deducted from, each; and 
the County Auditor shall forthwith proceed to add to, or deduct from, each tract 
or lot in his County, the required per centum on the valuation thereof as its stands 
after having been equalized by the County Board of Equalization, adding any 
fraction over fifty cents, and deducting any fraction less than fifty cents, so that 
the valuation of any tract or lot shall not contain any fraction of a dollar, and 
charge the same, with taxes, upon such equalized value. The S'ate Auditor shall,- 
also, on or before November fifteenth, annually, give notice to each County Au- 
ditor of the rates per centum authorized l\v law to be levied for' the various State' 
purposes, v»'hich rates, or per centum, shall be levied by the County Auditor oit' 
the taxable property of the County, and charged on the duplicate with the taxes 
required to be levied and collected for other pur[)oses. 

Sec. 31. The Auditor of State shall, from time to time, prepare and transmit, 
to the several County Auditors all such forms and instructions as he may deem 
necessary to carry into effect the provisions of these Chapters and decide 
all questions which may arise as to the true construction of the same, or in 
relation to the duty of any ofl[icer under the same ; and the forms thus transmit- 
ted shall be observed and used by all County, town and municipal officers. The 
instructions thus given shall be obeyed by, and the decisions thus made shall be 
binding upon, all County, town and municipal officers. 

Sec. 32. Each County Auditor shall make out, in a book to be prepared for that 
purpose, in such manner as the Auditor of State shall prescribe, a complete list 
or schedule of all taxable property in his County, and the value thereof, as ecjual- 
ized, so arranged as that each se[)arate parcel of real property in each district, 
other than city, village and town property, shall be contained in a line or lines op- 
posite the name of the owner or owners, arranged in numerical or alphabetical or- 
der, unless otherwise directed by the Auditor of State, and so that each lot or par- 
cel of real property in cities, villages and towns shall be contained in a line or 
lines oppo,^lte the names of the owners thereof, respectively, arranged in alphabet- 
ical order, unless otherwise directed by the Auditor of State. And the value of all 
personal property shall be set doAvn opposite the names of the owners thereof, re- 
spectively ; and, if listed by any other person than the owner, for and in name of 
the owner, the name of such person, and the character in which he acted, shall al- 
so be stated in such list, and separate lists shall be made for each city, village, 

23. lo H(J<! t'), or deduct from vaiuutions. lb. 

3). Siatem' nt?. an i rales finiahcQ by State AQ<1itor. lb. 396. 620. 

31. CoilriLV Auditors lo iibe\ insiruittions o' Snte Aiulit'.r. lb. 

32. io maiie ciciit'ilulcs oftdx I Jle property ; to County iV^auisr. lb GiO. 



MANUAL. 223 



Of C'oiiuty Auditors, tind Treasurers. 



town and district, arranged in alphaljctical (^rdi.'r, unless otlierwise ordered by the 
Auditor of State, whicli list or schedule, made out as aforesaid, shall be refaaned 
in the County Auditor's office, and another made for the County Treasurer, and 
delivered to him on or before tlie fifteenth day of November, annually, as his war- 
rant for the collection of the taxes, assessments and penalties charged thereon, 
each and both of which lists shall be denominated the County duplicate. 

Sec, 33. Each County Auditor, after receiving from the Auditor of State, and 
from such other officers and authorities as shall be legally empowered to deter- 
mine the rates or amount of taxes to be levied for the various purposes author- 
ized by law, statements of the rate and sums to be levied for the current year, 
shall forthwitli. proceed to determine the sums to be levied upon each tract and 
lot of real ijroperty, adding the taxes of any previous year that may have becu 
omitted, and upon the amount of personal property, moneys and credits listed in 
his County, iu the name of each person, company or corporation, which shall be' 
assessed equally on all real and personal property subject to such taxes, and set 
down in one or more coluums, in such manner and form as the Auditor of State 
shall prescribe ; and in all cases where the whole amount of taxes upon the per- 
sonal property, moneys and credits of any penson shall not amount to ten cents, 
the Auditor shall not enter the same upon the duplicate, if such person has no 
other taxable property. 

Skc. 34. The County Attditors shall not be required to assess on the taxable 
property of their Counties, or of any town, city or incorporated village, or school 
district therein, for any purpose, nor for all purposes, added together, any rate of 
taxation containing or resulting in any fraction other than a decimal fraction, nor 
in any fraction less than one-twentieth of a mill ; but, if the sum required to be 
raised for any or all purposes results iu a fraction l^ss than one-twentieth of a 
mill, such fraction shall be dropped ; and, if more than one-tweutieth and less 
than one-tenth of a mill, the County Auditor shall add enough thereto to make it 
one-tenth of a mill, and levy the same accordingly. 

Sec. 35. The County Auditor shall enter the taxes on the duplicate, to be re- 
tained in his own office, in such number of columns as the Auditor of State shall, 
from time to time, direct ; but on the duplicate for the County Treasurer, he shall 
enter the taxes against each parcel of real and personal property, on one or more 
lines, opposite the name of the owner or owners ; and, in all other respects, the 
Auditor of State may prescribe forms for County duplicates, as may seem to him 
most conductive to the interest and convenience of the public, and County Audi- 
tors shall conform thereto. 

Sec. 36. Each County Auditor shall, annually, in the month of January, make 
out and record, in a book to be provided for that purpose, a list of all lands, city- 
village and town lots returned by the Treasurer delinquent at the preceding settle- 
ments, describing such lands and lots as the same were described on the duplicate.^ 
and charging thereon the unpaid taxes, penalties and assessments as the same 
were charged on the duplicate, and also the taxes and assessments of the current 
year, and shall certify to the correctness thereof, and sign the sanie officially. 

33. To determine snm to be levied on each lot of land. lb 

34. Itesardins fractional asscsainents. lb. 

35. How shall De entere 1 C'U duplic:ite8. lb. 

36. Auditor to nialce record of oelmquetit-;. In.Gii. 



224 MANUAL. 



Of County Auditors, aucl Treasurers. 



Skc. 37. If the County Auditor sluill, at any time difcover that any real 
estato or new structure, duly returue<l and ai)|)raised for taxation, has been 
omitted from the du[)licate, lie shall iuimediatel}' charge the same on the 
dui)licate, with taxes of the current year, and the simple taxes of each pre- 
ceding year the same may have escaped taxation. And if the owner of any real 
estate or new structure thereon, subject to taxation, lias not reported the same for 
taxation, according to the requirements of this Chapter, and the same has not been 
appraised for taxation, the Auditor shall, upon discovery thereof, appraise the 
same, and, upon making rerurn of such appiaisenunt, shall charge the same upon 
the duplicate, with the taxes of the then current year, and the taxes of each i)reced- 
ing year it nuiy have escaped taxation, with twenty per cent, penalty upon such 
taxes of preceding years. And if any real e.'^tate shall have been omitted in any 
return, the Auditor of the County shall appraise the same immediately for taxa- 
tion, file such appraisement in his office, and charge the same with the taxes of the 
current year and the simple taxes of the precediig years it may have escaped tax- 
ation. 

Sec. 38. If the County Auditor shall suspect or be informed that any person or 
persons, corjjoration or company, has evaded making a return, or made a false re- 
turn, of his, her or their personal pi-operty for taxation, or have or has not made a 
full return, or that the valuation returned is less than it should have been, ac- 
cording to the rules prescribed by this Chapter, ii shall be his duty, at any time be- 
fore the settlement with the Treasurer for the year, to notify such party to appear 
before him at his office, at a time fixed in said notice, togetlu r with such other 
person or persons as said Auditor may desire to examine, and the party, together 
■with any witness called, sliall be examined by said Auditor, under oath, (which 
oath said Auditor is authorized to administer,) touching the jjersonal property, and 
the value thereof, of such party, and everything which may lend to evince the 
true amount such party should have returned for taxation. 

Sep 39. If any person notified, either as a i)arty or witness, to appear before tho 
County Auditor, as provided |or in the preceding Sections, fhall refuse or neglect 
to appear before the County Auditor at the time stated in said notice, or shall re- 
fuse to be sworn, or refuse to answer any question put to him by said Auditor, touch- 
ing the matter under examination as aforesaid, he shall be deemed guilty of con- 
tempt of said Auditor, and said Auditor shall make complaint thereof to the Court 
of General Sessions of the County, who shall thereupon issue an attachment against 
the person complained of, in the name of the State of South Carolina, directed 
to the Sheriff of the County, who shall arrest such party anywhere he may be 
found in the State of South Carolina, and take him personally before said Court, 
and, upon conviction thereof, such party shall be fined for such contempt of the 
County Auditor, by said Court, in any sum not exceeding fifty dollars and costs of 
prosecution, and be confined in the County jail of said County until answers shall 
be made to all questions which may be propounded to him by said County Aud- 
itor, and such fines and costs ]mid ; and when such fine is collected, it shall be i^aid 
into the County Treasury to the credit of the County. 

Sec. 40. The County Auditor, wlien he shall deem it necessary, may adjourn 
the examination provided for in the ])receding Section, from time to time ; and if 
he shall find that the party had failed to make any return for taxation, or inten- 
tionally made a false return, or intentionally returned hiscr their property for tax. 

3". Ma\ correct enors, :inci supply onnsHions. Ih. 623. 

.38. To f-xaiiine inio h\<'e or suspect. (1 retuina. Ii. 

39. Penully fur re usal to tiyii y, resi't'ciiu;,' t'uc!; rjlurus. lo. 



MANUAL. 225 



Of Count}' Auditors, and Treasu7er8. 



ation at less than its fair cash value, he shall dotprmine what amount should have 
been returned by the party, and add fifty \^^r cent, tliereto as penalty, and charge 
the same, with said penally, against the party on tlie duplicate, with the taxes of 
tlie current year; bat if ho sliall find the party comniitted a merely unintentional 
mistake in any return made, lie shall add such amount as he may deem just to 
Buch return, and charge the party with the simple taxes thereon, adding witness' 
fees, if any, and the costs of serving tlic notice. 

Sec. 41. If, upon tlie examination provided for in the thirty eight Section of this 
Chapter, the return made to, or by, the Auditor sliall be found to he correct, the 
expenses of the exauiinaticm shall be paid by the County Auditor out of the Coun- 
ty Treasury ; but if it shall be found that the return, as made, was intentionally 
false, or that no return was made, the. Auditor shall pay the e.Kp'uises of the ex- 
amination out of the County Treasury, and charge the same to the party on the 
duplicate, in addition to the i)enalty provided for in such cases ; and the amount 
collected, with the taxes of the party, to re-imburtie the Treasury of the County for 
the expenses i>aid as aforesaid. But if the return made was unintentionally erron- 
eous, said Auditor shall pay the witness' fees and costs of serving the notice out of 
the County Treasury, charge the same on tlie duplicate to the party, aud the same 
shall be collected and paid into the Couuty Ti'easury, as aforesaid. 

Sec. 43. The expenses to be aUowed upon the examination provided for by th'j 
thirty-eight Section of this Chapter shall be, for serving the notice or r.otices, the 
fees allowed to Sheriffs ar.d Constables for reiving a summons, and, to a vitntes, 
the same fees allowed to witnesses in suits before a Trial Ju^tice's Couit. 

Sec. 43. Each County Auditor shall add to the value of all per.soual property 
which the owner or other person whose duty it i.s made, by thi.s Cha2:)ter, to^list 
the same, shall have refused or neglected to list, or to the value of which such 
person shall have refused or neglected to swear, fifty per centum on the value, and 
charge the same on the duplicate, upon which taxes shall be collected aud appor- 
tioned to the several funds for which taxes are assessed against such owner ^j/'o 
rata, in proportion to the respective levies. 

Sec. 44. Whenever any tax payer shall fail to make returns to the Auditor of 
his County within the time prescribed by law, it shall be the duty of the County 
Auditor to enter on the tax duplicate, against such tax payer, the property charged 
to him the previous year, with fifty cents penalty added thereto, except in cases of 
sickness, or absence from the County, when the true amount of property only shall 
be charged. 

Sec. 45. If any i)erson rcijuired by this Chapter to list property for taxation, 
shall been prevented by sickness or absence from giving to the Auditor the state- 
mentor return for taxation required, such person or his agent may, at any time pr- 
or to the tenth day of September of tlie yc.'ar of the assessment, make out and de- 
liver to the County Auditor a statement of the same, sworn to, (which oath the 
Auditor is authorized to administer,) aud shall also make oath before .said Auditor 
that he was sick or absent during the whole time when he should have otherwise 
listed his property for that year ; and, if absent, that such absence was not for the 
purpose of avoiding the listing of his property. The Auditor shall receive the re- 

40 If return orove false flUv Der cent, to be adaei) as p^'iiaicy. lb. 

41. Exoense or such ex iminaiiou ; how pain. lo. 62.3. 

42. Sheriffsor Constibles lees for piiminonini "Viiiiesse":. lb. 

43. Auditors to add to value of -.ill Dr )p.>rty not returned. lb. 

44. Person f^ilinc ti> make return, to be charsei^, what. II). 

45. Au litors lo receive returns from «ick persons or abseiui'es. Jl Stu'., .">'), f2I, C23. 



226 MANUAL. 



Of County Auditorp, and Treasorers:. 



turn made by the absent person, and cluirjje such party with taxes on the dupli- 
cate according to the return so made to him. 

Sec. 46. Each County Auditor shall correct the valuation of any parcel or lot of 
real property on which any structures of one hundred dollars or more iu value may 
have been constructed, or on which any structure of like valnfmay have hfrnide- 
&troye<l, according to the retnrn thereof, made in accordance with the provisions of 
this Chapter, xnd at-ecj^s the tax upon such correct valuation. Said Auditor shall 
also correct any erriws he may discover in the name of the owner, in the descrip- 
ticvn or quantity of any parcel or lot of real ef-tatf-, and clerical errors in his dupli- 
cate,, or in any return made to his office. He shall also correct any errors in his 
duplicate when orderexl by the Ac^ditor of State ; but lie shall not refftice any as- 
sessment of personal property regularly made and returned to his office, nor make 
any devluction from the valuation of any tvAitt,. lot or parcel of real estate, except 
Buch as shall be ordered by the State, County or City Board of Equalization, in con- 
formity with the provisions of this Chapter, or upon the w.ritten order of the Au<i5- 
itor of S^ate, which written order shall only be made by the Auditor of State up. 
on a statement of facts? submitted to him in writing : and when any personal or real 
property has been listed, returned or entered for taxation m a v/rong locality, the 
County Auditor sliall correct the return or entry, and charge srecli property with 
the taxes in the locality required by the provisons of this Chapter : Provided, 
That any correction made in the duplicate by the County Auditor shall be entered 
on both the Auditor said Treasur<^r's duplicate, except that, in riase of thtr reduc- 
tion of any assessmeut or tax, the Auditor may furnish the Treasurer with a cer- 
tificat«> of such reduction: And provided, further, Ihsx i ach County Auditor shall 
keep a record of sales and conveyances of real projierty made in his County, in 
which ho shall enter, in columns, the names of the purchaser and sel llsr, tfie qual- 
ity of land conveyed, the location and price of the same, and therefrom correct 
the County duplicates annually • and, for the purpose of carrying out this provis- 
ion, the Clerks of Courts and Registers of Mesne Convi^'ances of each County are 
hereby required to have the endorsement of the County Auditor on each and ev- 
ery deed of conveyance for real properly that the same is on record in his office, be 
fore the same can be placed on record in the offices of said Clerks of Courts or Reg- 
ister of Mesne Conveyances, and the'said County Auditor shall l>e entitled to collect 
a fee of twenty five cents, for his own use, for making such entry and endorse* 
inent. 

Sec. 47. Each County Auditor shall, annuajlv, on or Ije fore Novenyber twentieth, 
make out and transmit, by mail, to> the Auditor of State, a complete abstract of 
the duplicate of his County, which shall state clie ssggregate value of taxable prop- 
erty, and the total amount of taxes assessed thereon for that year ; and he shall, 
at the same time, also make out and transmit to the Auditor of State an abstract 
of the number and value of each of the enumerated articles of personal paop- 
erty, the value of merchants' and manufacturers' stock, and the value of all 
other personal property as returned by him and fixed by the Board or Boards of 
Equalization ; but such abstracts shall be made out in such fdvin and contain such 
details as the Auditor of State may prescribe. 

Sec. 48. Each County Auditor shall attend at his office on or before the fif- 
teenth of January, annually, to make settlement with die Treasurer of his County, 
and ascertain the amount of taxes, penalties and assessments collected by such 

46 To correct valuiicioiis where oiiil(lii:gs liuve Dean erected or desirDveil lb.. 
47. To rransmit ;iusiract on or be'ure 20tli of Nov. in each ypar. I'». 
4d. VVljen Auditor to II, ake bettleiiiem \viiii IrL'asurcr. ll)!306. 



MANUAL. 227 

Of County Auditors, and Treasurers. 

Treasurer, and the amount with wliich such Treasurer is to stand charged on ac- 
count thereof, and on account of eacli fund for which a levy was made on the du- 
plicate ; and each Auditor shall take, from the duplicate previously put into the 
hands of said Treasurer for collection, a list of all such taxes, assessments and 
penalties as such Treasurer has been unable to collect, therein describing the 
property as described on the duplicate, and shall note thereon, in a marginal col- 
umn, the several reasons assigned by such Treasurer why such taxes or other 
charges could not be collected, which list shall be denominated the delinquent list, 
and which shall be signed and sworn to by the Treasurer before said Auditor ; 
and said Auditor shall record tlic same in a book, to b<; provided for that purpose, 
and transmit an alistract thereof to the Auditor of State, by the County Treasurer, 
at his next annual settlement with the Auditor of btate ; and, in making such 
list, the delincjuencies in each district, city, village and town shall be stated sep- 
arately, and, after deducting the amount of taxes, assessments and penalties so 
returned delinquent, and the collection fees allowed the Treasurer by law, said 
Treasurer shall be held liable for the balance of the taxes, assessments and pen- 
alties charged on the duplicate: Prodded, however. That only the following causes 
ehall be assigned by said Treasurer on said delinquent list for not collecting any 
tax, penalty or assessment, to wit : 

let. That suilicient personal property of the party charged therewith could not be 

found, out of which to make the same. 

2nd. Tha;, property was found, but could not be sold for want of bidders ; and, 
3rd. That such taxes, assessments or peualties were enjoined by is, competent 

Court. 

Sec. 49. In maliing the settlements required by the preceding Section, the 
County Auditor shall carefully ascertain the true amount collected by the Treas- 
urer on account of the several taxes, penalties and assessments charged on such 
duplicate, and the amount remaining in the hands of the Treasurer belonging to 
each fund, and shall give to such Treasurer an official statement of the several 
Bums charged to him, as having been collected by him, for and on account of the 
eeveral funds. The County Auditor shall also make out and deliver to said Treas- 
urer duplicate certificates, showing the amount charged on the duplicate for the 
several purposes for which taxes and assessments shall have been levied ; also, of 
the taxes, &c., remaining unpaid, as stated on the delinquent list. 

Sec. 50. The various County Auditors are authorized to appoint a sufficient 
number of assistants to enable them to complete the said assessment within the 
time fixed by law, and, to dofray the expense of making said assessment, the said 
Auditors shall draw their warrants annually upon the County Treasurers, to be 
approved by the County Commissioners, for such sums as may be necessary, but 
not to exceed the following, to wit : The Auditor of Charleston Coiinty, two thou- 
eand dollars ;the Auditors of Richland, Orangeburg, Edgefield, Beaufort, Barnwell, 
Colleton and Abbeville Counties, one thousand dollars ; the Auditors of Chester, 
Darlington, Fairfield, Greenville, Marion, Sumter and York Counties, eight hun- 
dred dollars ; the Auditors of Georgetown, Kershaw, Laurens, Lexington, New- 
, berry, Spartanburg and Union Counties, seven hundred dollars ; the Auditors of 
.Chesterfield, Clarendon, Marlboio and Williamsburg Counties, six hundred dol- 
lars ; the Auditors of Anderson, Hurry, Lancaster, Oconee and Pickens Counties, 
five hundred dollars each. 



49. To ascertain amount collected on acconui of picii lund. 14 S^at., 55. 

50. Audilors may appoiui assistants; tlieir conipcniLiliou. lU. 021. 



228 MANUAL. 



Of County Auditors, and Treasurers, 



Sec. 51. It sli:ill be tlicduty of tlir County Amlitn;-s to recc^ivc tlio returns and 
make tho a^f■e^^nK'nts i)r()videi:l f< r in this Cliapter, witliin the times prescribed 
by law, and for this ]>ur|)Ose the oflices of tlie County Auditors shall be kept open 
to receive the rorurus of tax-payers darin^• sucli times as now, or may be hereaf- 
ter, fixed by law. 

c:30XjiXji3E3c::?Tio3Nr oie' T-.a.iiK.sajst. 

Src. 52. All taxes, except as herein excepte.l, shall be psiyable, annually, .on or 
before the fifteenth of January after their assessment, and the several County 
Treasurers shall collect the same in the manner retpiired by law, and give tlie 
receipts therefor to tiie several parties payin:>- the same, in which the real estate 
paid on shall be briefly described, and the value of the personal property paid on 
shall be stated, together with the time such taxes may be payable. 

Sec. 53. T1><b Comiity Treasurer shall keep his ofHce open for the receipt of tax- 
es from November twentieth to March twentieth. 

Sec. 54. When the taxes and assessments charged against any party or proper- 
ty on the duplicate shall not be paid on or before the fifteenth of January, after 
the assessment thereof, or when the remainder of sucli taxes and assessme:its shall 
not be paid on or before tlie fifteenth of February next thereafter, together with 
twenty per cent, penalty on such, remaining unpaid, the County Treasurer shall 
proceed to collect the same, by distress or otherwise, as may at the time be 
prescribed by law, together with a penalty of five per cent, on the amount so de- 
linquent, which penalty shall be f.jr the use of the Treasurer, as a compensation 
for making stich collection. 

Sec. 55. \\'lien the taxes, assessments and penalties charged against any par- 
cel or lot of real property shall not be paid on or bv-fore the fifteenth day of Jan- 
uary, in each year, or collected by distress or otherwise, as authorized by this 
Chapter, a penalty of twentj' per cent, thereon shall be added by the County Au- 
ditor on the County duplicate ; and if the said taxes and penalty shall not be paid 
on or before the twentienth day of February next thereafter, or collected by dis- 
tress or otherwise, the penalty and said taxes shall be ti'eated as the delinquent 
taxes on such real property, to be collected in the same manner that is, or may be, 
prescribed by law ; and if the amount of such delintiuent taxes, assestanents and 
j)enalties shall not be paid on or before the second Tuesday in March of the cur- 
rent year, the delinquent taxes, assessments and penalties of the current year 
shall be due and collected by the sale of such real estate in the manner that is or 
maybe re(iuire<l by law. 

Sec. 5G. The Comity Treasurer, irameJiately upon tl'.e receipt of the tax dupli- 
cate for the year from the County Auditor, shall cause a notice to be inserted onco 
in two daily newspapers publisaed at the Couuty seat of his County, if two such 
papers be there published ; if not, then in one sucii paper ; and if no daily paper bo 
published at such County scat, then in two weekly papers published at said Coun- 
ty seat ; but if two such papers be not publislied, then in one such paper ;aad if no 
I)aper is published in the County, then such notice shall be t?iv2n in such mauucr 
as the County Treasurer may direct, stating tlie total rate per centum ot levies for 

51. when Auditor' !j oftice oiieu to receive retiir.is. Id. 623. 

52. TnxBS payable annually on or beio e 15ti January. lb. 50, 621. 

53. Treasurer's oQice to be open, when, lo. 9(5*. 

£4. Wlien Ire.isurer shall ,iOd oenslcy; when distrain. I'). 

55. Amount ot penalty i! tnx on real estate be not p.ii 1 at cftrtiin tl.uj. Iti. 51, 631. 

50. Treafurer to give i ul lie notice of fOlleclio!i ol t..xcH. lb. 5(). 



MANUAL. 229 



Of County Auditi)rs, and TroasuTers. 



State purjiosef, and tlio total mte per contuni for all oilier piirposss, on tlie dupli- 
cate of that year ; and if any special lovies liavc been made on the ])ro]>erty of a 
sc'iool or otlier district, not affictino^ an entire County, the t )tal rate of levies in 
sucli district shall also Le slated in smc'.i notice. 

Sec. 57. All p reonal iiroiperty snl)jr>ct to taxation shaM be liable to distress and 
sale tor the payme it of taxos and a'^ses.sinents '; and, at any t'mc after any t'lxes or 
tiasfismrnls shall become due, ac-; irdii^r to law, the T'ounty TrL'asurcr, by himself 
or deputy, miy distrain snlficienl personal property of the party aprninst whom sucli 
taxes or assessments are char;,fod, if the same can be found in his County, to pay 
the taxes or a.-s .'ssments so due, witli any ii.naltv ch::rofe,l or c' arjreal.le tbereon, 
and the cos's tliat miy accrue, and s'.iall iminxliately advertise the same in iliree 
of tile mo.st public places in the tow:', or ward, or district in which such ])roperty 
shall be distrained, stating tlie time and place in suc'i town, \yarJ or distr.ct when 
and where siich property will be sold ; and, if tlie taxes, assessments and jienalties 
for which such property was distrained, tog'ether with the costs of the i>roceedin|.»-, 
shall not be paid before the day appointed for such sale, (which shall not bo less 
than five, nor more than tendt^ys after postinj^ u]i .such notices of sal >,) such Treas- 
urer, or Ids Deputy, shidl proceed, at t me and jdace mentioned in said notices, to 
sell sucli proporl:y, or so mucli th H'eof asmay be necjssary, at imblic vendue, to 
the liighest bidder ; and if such property, or a sufficient amount tlicreof, shall not 
be sold at the time and place aforesaid, sucn Treasurer shall retain the same in his 
pos?ies6ion, and advi'i'tise and offer the same for sale, in maimer aforesaid, from 
time to time, unt 1 the same s'.:all be sold. 

Sec. 58. If any taxes charrred on any real estate be regularly paid, and sucli 
T al c«Late be erroneously returned delinquent, and sold for such taxes, the sale 
shall be totally void ; or If any t-axcs shall be ille^'aHy assessed and collected, wlien 
the same shall L'ecome known to the County Auditor, be shall, on demand of the 
party interested, sulimjt tiie matter to the An liter of State ; and if the Auditor of 
State approve thereof in -writing, the amount paid by the purchaser at such void 
sale, or the amount so illejially collected, shall be r^'iiaid to the party paying the 
same, out of the County Treasury, on tie order of the County Auditor; and so 
much of said taxes as shall have Ue.'U pa'd into the State Treasury' shall be refund- 
ed to the County Treasury, and the County Auditor shall retain the s:.mj in his 
next aniiual se.tlement, aid chargjtlu State tli3r3wlth. 

Sec. 59. Whenever any person or perso.is, c'.iargad with taxes upon tlie books of 
any County 'i r.asurer in this State, s ;a]l state, in writing, to said Treasurer that 
he, or they, have been erroneou-sly or illegally charged witli the same, said Couu- 
ty Teasurcr shall submit to the County AuLtor a full statement of the facts in the 
case, which statement shall lie forwarded to the State Auditor, with such addition- 
al information, nlating tli: re;o, as *lie .said County Aulitor may be able to give ; 
and said County Trea.^urer sh 11 not be required to i)roceed aga'ust the party or 
]arties so claiming to have been erroneously or illegally char.Tjd ^vith taxes, by 
dis ress or otherwise, until the Siate Aalitor shall, in writing, direct Iiim so to 
do. 

Sec. go. In all ciises where the jienalty for non-jiayment of taxes has attached 
to property held by assignees in bankruptcy, and wiiich oull not, or cannot, be 
sold before the lime at wliich taxes become due; and in all cases where sales of 

57. Per.-.oii;il Drooeity ii.ijle fortax.'S. 

08. li l;ix D^iil ;inO la 1 i oe e.'ro.isj'j.slv r^rtttmed dili.iq n it. s j v Ji J . 

f-9. M..ni;eto. oLianiJu-.: leliel Iroia en-ou?ous.i..i.:tion. Ij. t>6r. 



230 MANUAL. 



Of County Auditors, and Troasurer^. 



property, for llio settlement of cstati b, oi-vlercd by any Court in tli'.s State, have not 
1)eeii, and cannot, for want of time, be niado in season fortlie payment of taxes duo 
thereon, tlie State Auditor, upon pro])cr evidence tliat the taxes duo u])on sue i 
property liave not bct-n, and cannot be ])aid, until a sale of said property is made, 
may remit the penalty which by law attaches for the non-payment of taxes. 

Skc. 61. The Treasurer shall be allowed the same foes and costs for makinjf 
distr ss and sale of property ibr the payment of taxes as are or may be allowed to 
Sheriffs and Constables for making levy and sale of property on execution, travel- 
inrr fees to be computed from the scat of justica of the County to the place of mak- 
ing distress. 

Sec. 63. Each County Treasurer sliall, on or before the first Tuesday of April of 
eacli year, settle with the Auditor of his County for all taxes, assessments and pen- 
alties collected by him on the duplicate of the preceding year, and ascertain the 
amount with which he shall stand charged on account of such taxes, assessmentfl 
and penalties; and he shall furnisli said Auditor the names of all parties against 
whom taxes, assessments or penalties are charged on said duplicate, from whom he 
has been unable to collect such taxes, assessments or penalties, and the amounts 
uncollected ; and when such Troasurer has made a list thereof, he shall swear to 
and sign the same before said Auditor, assigning only such reasons for non-collec- 
tion as ar^^ mentioned in the forty-eighth Section of this Chapter, (and only such 
amounts shall be inserted in said list as remain uncollected on account of some one 
ot the causes mentioned in said forty-eighth Section, )and after deducting his fees and 
the amount in said delinquent list, he shall stand charged with the remainder of 
the taxes, assessments and penalties charged on said duplicate ; but if, in making 
sue:) settlement, the County Treasurer shall stand charged with any tax, assesB- 
ment or penalty which, in fact, was not paid prior thereto, he may, at any time 
wliile remaininir in office, collect tlie same by distress and sale of property, as in 
other cases of delinquent tax:='s, or by action in liis own name, as for money paid 
for the us: of the party or parties cliarged with, or bound to pay said tax, penalty 
or assessment ; and, after going out of oflRce, he may maintain an action in hiB 
own name, as aforesaid, for the collection of such taxes, penalty or assessment. 

Sec 63. Each County Treasurer shall, within ten days next after eacli annual 
settlement with the County Auditor, as required by this Cliapter, present to the 
Auditor of State and Comptroller General, each, one of the duplicate certificates 
required by the ninety-first Section of Chapter Xll to be given to him by the 
County Auditor; he shall also present to the Auditor of State the abstract of the 
delinquent list required by the ninety first Section of Chapter XII, to be trans- 
mitted to said Auditor of State ; and. upon the receipt of the certificate and ab. 
stract aforesaid, the Auditor of State shall settle with such County' Treasurer for 
the money in the hands of such Treasurer Jjelongin^ to the State, and, upon as- 
certaining the exact sum or sums payable by such Treasurer, shall certify the 
same to the Comjitroller General, specifying in such certificate the amouniS beloag. 
iug^to each fund, and the total amount to be paid into the State Treasury ; and 
on receipt of Huch certificate, the Comptroller General shall issue his certificate 
specifying as aforesaid; and said County Treasurer shall forthwith deliver said 
€ imptroUer'e certificate to the Treasurer of the State, and pay into the State 
Treasury the full amount of all suras so found to be in his hands belonging 

6). Stiite Auditor a'jthor:zptl to leiiiii panahies. l\).3W. 
fit. FefB autl cosis allowed to Trensuror on oxecatioas, lb. 57 

ea, Ireisurjr lo settle wU:i Au.litor, vv.ien : Tieasurer responsible for tjx;». lb 6S1. 
03. Spfcciil du'v ot (.'out/ Ireaaar T. in oayiu^ ov^r laouiei coUuctid. lu. 



MANUAL. 231 



Of Countv Auditor.-i, and Truasurers. 



to the State, and the Treasurer of State shall give to such County Treasurer trip, 
licate receipts therefor, six>cifying therein the amount of each fund and the aggre. 
gate as stated in said certificates, one of whi'-.h said County Treasurer shall deliv- 
er to the Auditor of Stato, and one to tlie Comptroller Uvneial: Provided, 
Every County Treasurer shall, on the fifteenth of each mouth, forward to the 
State Treasurer all the rccjiieys collected by him for or on account of the 
State Uaxes, specifyinc^ for and on account of what fund the same was collected, 
for which triplicate receipts shall be returned to them by the State Treasurer ; of 
said receipts, one shall be retained by the County Treasurer, one shall be forward- 
ed by him to the State Auditor, and one to the Comptroller Genera]. The County 
T;f aa surer shall, also, r)n Ttlie fit'teeiath day of each month, notify the Board of 
County Conuuissioners, the amount of funds collected for and on account of their 
respective Conn ie?, and the chaiacter of such funds. 

Sec. (U. If any cliattel tax shall b .• uiipail at the time fixod for the 2J-^yiii«iit 
thereo.f by this Chapter, or returned deliquent, as authorized by this Chapter, 
the Treasurer may not only distrain property for the payment thereof, but may 
recover tlie S!ian°, wj!h th.' ])enalties thereon, by action at law, proceedings in at- 
tachment, or other im^ans authorized bj' law to be used l\v private individuals iu 
tJie collecti3>u of debts, which action or other proce^^di ngs shall be prosecuted iu 
the name of such Treasurer ; and if he shall die oj' go out of office before the ter- 
mination of such action or proceeding, or final collection of the money, or any 
judgment or order therein, his successor or succe.s:5ors may, from time to time, be 
^substituted as plaintiff therein. 

Sec. 65. If, after the return of any chattel tax by any C)unl;y Trea^sarer as de- 
linquent, the County Treasurer shall know or be informed that the part)' agaiust 
whom thr^same is charged re-jide* in some other County iu this State, or has prop, 
erty or debts due him therein, it shall be his duty to make out and forward to the 
Treasurer of such other County a certified statement of the name of the party a- 
gainst whom such taxes are charged, of the value of the property on which such 
taxes are levied, the amount of tlie taxes aid penalties assessed thereon, and that 
the same are delinquent, to the aggrega-e of which taxes and penalties he shall 
add twenty-five per cent. ascollecti'iu fees, up^m the receipt of which certificate it 
ahall be the duty of the Treasure;- of such County to collect such delinquent taxe.s 
aud penaiti «, with the twent • fi ve,))er cent. coLe ti )u fe3s as aforesaid, for which 
purpose he shall liave t!i.^ ri^iii-^, ])owers and remedies /."ojiferred upon the Treas- 
urer of the County iu whidi such laxcs are assessed, and bj allowed the same 
fees for distraint aud sale of property as if said taxes had been levied iii his own 
County, and, upon collection made, may retaiu one-half o+' said tWv^nty-five per 
cent, collection fees, and shall trausra'il the balance collected by him to the Treas- 
urer of the County from whom he received such certified htatement by mail, at the 
same time transmitting by mail, to the Auditor of t'le County fnmi which said 
certified stateui'-ut was sent, a statement of the amount thus tranraitted by mail 
to the Treasuri;r or siil latter County, aud of whom collected, and said Auditor 
shall charge his Treasurer therewith, after deducting one-Jialf of said tweuty-tive 
jiv^r cent, collection fees, and di.L;tribuie the same to the .several funds for which it 
was levi.vl, aal th"i Stat? propo.'tioii shall be paid into the State Treasury at the 
next ann lal sottlem.mt of the County Treasurer ; but, if the Treasurer, to whom 
auy such stateiiMt is sent, cannot collect the amount therein named, or any part 
thereof, he shall return the same, so endorse 1, with reasons for such non-collec* 



64 Pro -ee lings lo colieci cuiittel t..xeji. lo. 58. 

63. Delniqueii: CuiuUs: t.ix ngai ist uoi^ osiujnis; bcs '.lo ,v Ji;'.r;')a:^J. lb 



232 MANUAL. 



Of County Auditors, and Treasurers. 



Sec. G6. All real jiroperty returned delincjuent by tlie County Treasurer, as pro- 
vided for by this Chapter, shall pe offered for sale on tae second Tuesday in 
March next after the same shall be thus return d, to satisfy the taxes, assesHUients 
and penalties charged thereon. 

Sec. 67. On or before the fifteenth of Fi'bruary, annually, tlu; County Auditor 
shall compare the delinquent list witli the (hn)licate in the hands of the County- 
Treasurer, and designate, on said list, all the jiarcels of real estate upon which the 
taxes, a35essai3at3 and pinltie-! h ivj bjsii pvil, including thi taxes of the then 
current year, and jjroeeu'd to advertise the re.nahi ler for sale, as hereinafter pro- 
vided. 

Sec. 68. Each County Auditor in this State sliall, annually, cause the list of 
delinquent lands in tin Cjunty to be published weekly for two weeks, between the 
tenth of February and the first Monday in March following, in one newspaper, and 
no more, published in his County ; and if no paper be i)ublished in said County, 
then iu some newspaper having the most general circulation in said County, to 
Aviiicli list there shall be attacl>ed a notice in the following form, to wit : "'Notice 
is hereby given that the whole of the several pan-els, lots and ])arts of lots of real 
estate described in the preceding list, or fo much thereof as will be necessary to 
])ay the taxe3, penalties and asses.^ments charged thereon., will be sold by Treasur- 
er of County, South Carolina, at his office in said County, on 

the second Tuesday ( — th) of March, A. D. , unless said taxes assessments 

and i)enalties be paid before that ; and such sale will be continued from day to day 
until all of said parcels, lots and parts of lots of real estate shall be sold or offered 
for sale. 

— ,A. T>. . 

, Auditor of County. 

And said Auditor shall insert, at the foot of the record of said delinquent list, a copy 
of said notice, and certify to the correctness thereof, in what imper the same 
Avas published, when, and Low long, and sign the same officially. 

Sec. 69. The County Treasurer, or his Deputy, shall attend at his offico on th o 
first Monday in Marc i, a id then and there, after the honr of 10 o'clock ia the 
moruing, oft'jr for sale, ft ])ublic aucli.m, eac!» tract, parcel or lot of real estate de- 
scribed In the advertisiuient aforesaid, on whicn the taxes, assessments and pen- 
alties cliarjjed thereon snail not have been paid ; and the pjrson then and there 
o ffeiincr to i)ay the taxes, : ssessmonts and jienaliies charged tbereoti, for the least 
qaantity tliereof, shall be the purc'iasjr ; and the Treasurer siiall continue such 
sale, from day to day, until each tract, jiarcel or lot of real estate described in said 
advertisement, upon which the taxes, assessments and penalties sbnll not have 
bean paid, shall be sold or offereJ for sale : Procidcd, Tnat the sale thus made 
sliall be denominated the delinquent land sale : P rovided, further , That iffjeland 
advertised for sale as aforesaid, except i ii incorporated ciiies and villages, cannot be 
f-old ior at least one-fourth of its assessed value, the Auditor shall, on behalf of the 
Sf.ate, purc'.ias3 sa'Bcient thereof, at that rate, to .satisi'y the am )unt of the taxes, 
assessments and penalties aforesaid, 

C6. Real property retnnie 1 delinquent to bs sol 1 ; w.ien. lb. 621. 

07. Auditor 10 ascertain who are iie iiia lent IStli Feb. aa I aJv?rlise liiiis for s..le. lb. 

tS. Jo a .ver;ise tor 'wi weeks: Form ol notice. Iti 

CM. St .16 t) ri'rc:ase l:u). IS hi certain c ises. Prtviso. lb. 



MANUAL. 233 



Of Count V Auclitor.s, ami Tivasurei-.s. 



Sec. 70. If the party purcliasing any part of real estate at the sale mentioned 
ill tlie i)rcceding Section shall fail to pay the Treasurer immediately the amount 
of taxes, assessments and ])enaltic.i charged thereon, the Treasurer shall immedi- 
ately offer the same for sale, as if no sale had been made ; and the purchaser or 
purchasers so failing to make payment of said taxes, as.se.ssments and penalties, 
shall forfeit and pay a penalty of fifty per c.jnt. on the amount thereof, which 
shall immediately be charged on the duplicate of tlie County, by the County Au- 
ditor, against such purchaser or purchis ts, and collected as taxes, and with like 
penalties for delinquency ; and, when collected, one half thereof shall be paid in- 
to the County Treasury, and the other half into the State Treasury. 

Sec. 71. The County Auditor, or his Dejjuty, shall attend all sales of delinquent 
real estate made by the Treasurer of his County, and shall make a record of sucii 
in a substantial bo )k. therein desi ril)iug the several i)arcels offl-red for sale, as des- 
ribed in the advertisement aforesaid, and stating h iw much of each parcel was sold 
and to whom sold ; and if any parcel was offered for sale and not sold for want of 
bidders, or shall have been Lid in on behalf of the State, he shall so enter it on re- 
cord ; and the County Auditor shall make out and certify a copy of said record, 
and forward the same to the Auditor of State, by the County Treasurer, at the 
time said Treasurer makes his annual settlement with the Auditor of State nt.xt 
after such sale. 

Sec. 73. All moneys received by the County Treasurer at any delinquent land 
sales shall be distributed, by the County Auditor, to the sveral funds for which 
they were respectively levied, after deducting the expenses of the advertisement 
aforesaid, and the State's proportion paid into the State Treasury by the County 
Treasurer, at his next annual setttlement with the Auditor of State after such 
sale. 

Skc. 73. If th',' County Auditor, l)y inadvertence or mistalce, or any other cause, 
shall have heretofore omitted, or sh ill hereafter omit, to publish tlie delinquent 
list of his County, it shall be his duty, unless all taxes, assessments and penalties 
charged thereon shall have been ]iaid prior to the next April settlement thereafter, 
of the County Treasurer, to charge the several parcels of real estate described in 
said list with said taxes, assessments and penalties, with the taxes, assessments 
and penalties of the year next succeeding such omission, and record, certify and 
publish the same as part of the delintjuent list of such succeading year, according 
to the i)rovisions of this Cluipter. 

Sec. 74. Upon the payment of the ])roper amount into the County Treasu- 
ry, and fifty cents t;i the County Auditor for the certificate, and ten cents 
for the transfer of each parcel of real estate purchased at delinquent land 
sale, the County Auditor shall give to each purchaser at such sale a certifi- 
cate of purchase, in which he shall describe such parcel as the same was 
described in the delimjuent list, and state when tlie same Was sold, and for what 
amount ; and, if only a part of any i)arcel advertised was sold, he shall specify 
the quantity sold, and authorize a surveyor, at the request of the purchaser, his 
heirs or assigns, to lay otT, by metes and bounds, as near as nuiy be, in a square 
form, at the most North-westerly corner of any tract or lot of land described iu 

70. r -rcliaser raakiue tlef ult in paviueat, Ian J to be r^-s jkl. Id. 60. 

71. Audi or to aitind sales anq ke^p record and lorvvurd ccpy lo Sca'e Au litor. lb. 
T"). Distribuiion of proceeds ofsalcj. It). 

73. O iii^sioD to puJlisli d=li'iqu!iit list t) be rec;ifivj bv a.l&iiisr sama to list of succeeding 
>eir. lb. 

74. Aaiilor to furnish Certiflc.ites o; sajj : Feei for si ne. lb. 



234 MANUAL. 

Of Couuty Auditors, and Treasurers. 

said certificate, the quantity .so sold ; aud, if the sale be made from any city, vil- 
lage or town lot, or any part thereof, the surveyor shall be directed to so lay off 
the quantity .sold that the same shall extend from the principal street or alley 
forming tlie most convenient front to said lot to the rear of the lot, and to bound 
the same by lines as nearly parallel with the outlines of said lot as practicable. 

Sec. 75. No deed shall be made for any real estate i<old at delinquent land sale 
until the expiration of two years from and after such sale. Nor shall any survey 
thereof, required by any certificate of purchase, be made until the expiration of 
the same period of time. 

Sec. 76. The certificate of purchase at any delinquent tax sale shall be assigna- 
ble in law, by endosement thereon, and an assignment thereof shall vest in the 
assignee aud his legal repre.sentatives, all the right and title of the original pur- 
chaser. 

Sec. 77. All real estate which has been, or may hereafter be, sold for taxes, 
assessments and penalties at delinquent sale, under the laws of this State, may be 
redeemed at any time within two years from and after such sale, and all such real 
estate belonging, at time of such sale, to minors, insane persons, married women, 
or persons in confinement, may be redeemed at any time within two years from 
and after the exjiiration of such disability. 

Sec. 78. Any person or persons desiring to redeem any real estate sold at de- 
linquent land sale, under any law of this State, may, within one year after the sale 
thereof, or with')!} one year after the expiration of the disabilities named in the 
preceding Section, deposit with the County Treasurer of the County in which 
5uch sale was made, upon the certificate of the County Auditor, a sum equal to 
the amount for which such real estate was sold, with all legal charges paid by the 
purchaser at sale, and subsequent taxes paid by such purchaser, heirs or assigns, 
and twentj'-five per cent, penalty thereon, and the value of growing crops, if any 
there arc, and two dollars to pay the expense of advertising, as hereinafter provid- 
ed ; aud any person desiring to redeem any such real estate after the expiration 
of one year, and within two years after any such sale, or the removal of any of 
the disabilities aforesaid, may deposit with the County Treasurer aforesaid, ou the 
certificate of the County Auditor, an amount of money equal to that ior which 
such real estate was sold, and taxes subsequently paid thereon by ttie purchaser, 
and those claiming under him, the legal charges as aforesaid, and fifty per cenl. 
penalty thereon, and two dollars to pay the expense of advertising, as aforesaid ; 
also, paying the Auditor fifty cents for his services in attending to such redemp- 
tion in either case. 

Sec. 79. All applications for the redemption of real estate sold at delinquent 
tax sale, as aforesaid, shall be made to the Auditor of the County in which such 
real estate shall have been sold by a party interested in the title to said estate ;and 
upon such ajijdicatiou the Auditor shall give to such party the certificate men- 
tioned in the preceding Section, describing the real estate sought to be redeemed 
and specifying the sum necessary for such redemption, and adding thereto the 
two dollars for expense of publishing the notice of such redemption, upon the pre- 
sentation of which to the County Treasurer of the County, and payment of the 

75. bnrvev, or ' eed iioc lo oe m:ide uriJ^r iwo fears. 1). 01. 

7*. CertificatPS assiemblp by endor^emenl. lb. 

77. Linds ri'Cleemable wit'nin two years. lb. 

73. Flow 1 ;ndi« redo »n ed : What to be p;ikl. lb. 

7!>. .\pp IcatloiH (or rodouip'.iou to be male to Au litar. lb. 



MANUAL, 235 



Of County Auditort*, and Treasurers. 



Bums mentioned therein into tlm County Treasury, the Treasurer shall give to the 
applicant duplicate receipts therefor, describiufjf the property as described in said 
certificate of th(? Auditor ; and, ujjon the delivery of one of such receipts to the 
County Auditor, said Auditor shall immediately can(;el the sale, and transfer the 
property to the party redeeming the same ; and such jiayment and cancellation 
shall operate as a release of all the rights of the purchaser at such sale, his heira 
and assigns. 

Sec. 80. Tiic County Auditor, immediately upon the redemption of auy real es- 
tate as aforesaid, shall publish in some new.spaper of general circulation in his 
County, for two consecutive weeks, a notice, addressed to the purchaser and his 
assigns, that the money has been deposited in the County Treasury of his County 
for the redemption of sui-h real estate, d"scribiiig th;; same and the time when 
sold for taxes; for the publication of which notice said Auditor shall pay the sum 
of two dollars out of the County Trcasur}*, 

Sec. 81. Any tenant in common may redeem his individual share in any rea! 
estate sold at delinquent land sale in the manner provided for in the preceding 
Sections, upon payment into tlie County Treasury of his equal proportion of the 
sum requisite for the redemption of the whole, and two dollars for the publication 
of the notice of such redemption. 

Sec. 83. Upon the demand of the purchaser or his legal representatives of any 
real estate redeemed as aforesaid, and the surrender of the certificate of purchase 
to the County Auditor, and payment of fifty cents to said Auditor for his servi- 
ces in attending to such redemption, the Auditor shall cancel said certificate of pur- 
chase, file the same in his office, and give to such purchaser or his legal represen- 
tatives an order on the County Treasurer for the amount of money deposited in 
the County Treasury in manner aforesaid, for the redemption of the real estate 
described in such certificate of purchase. 

Sec. 83. Any person interested may, at any time before the deed is made by the 
County Auditor, with the consent of the purchaser of any parcel of real estate 
sold at delinquent land sale, and the delivery and cancellation of the certificate of 
purchase, redeem such real estate ; and in such case, and, also upon deposit of 
money in the County Treasury, as aforesaid, for the redemption of any real estate 
sold at such sale, the County Auditor shall note such redemption or deposit, and 
by whom and when made, on the record of delinquent land sales, and sign his 
name officially thereto, for doing which any ])arty redeeming by consent, as afore- 
said, shall pay said Auditor fifty cents as his fees. 

Sec. 84. After the lapse of two yearn from the time of any delinquent land sale, if 
any purchaser of any real estate at such sale, or his legal representative, shall pro- 
aent to the Auditor of the County in which such sale was made a certificate of 
purchase of the whole of any tract or lot of real estate sold at such sale, or in case 
of the sale of part of a tract or lot offered at such sale, present to said Auditor the 
certificate of sale, and the survey and ])lat of the quantity ])urchased, made bj' the 
Surveyor, as required by this Chapter, and the taxes and assessments levied on 
the real estate described in such certificate, or certificate and plat, shall have been 
so far paid as that the same is not again delinquent ; said Auditor shall (upon 
payment to him of two dollars as his compensation therefor) make and deliver to 

80. Notice 111 MDplication lo be punhsUed. lo.. 62 

81. 'lenaiit in com^no i may redee n indivirluil a is-?. lb. 
83. Mduev 10 be /e'uadbd to purcaan.T. on iv [•i aotio'i. lo. 
83 Manner of rcQeeninic' Uii'I b\ co'Srfiit. II). 

64. After two jenPrt Auditor to execute deedi wliicl; snxll be prima /aci*, cridciice ol title. Gen. 
btat.. 8S. 



236 MANUAL. 



Of County Auditors, and Treasurers. 



Huch jinrchaser, his heirs orassi/jns, as tlio case may be, a deed of conveyance for 
the real e-!tate so sold as aforesaid : Provided, That where tlie whole of two or 
more several tracts or lots, or parts of tracts or lots, of real estate have beon, or 
shall bi', S'lLl t ) tlio Si:n3 party, o;- i\\^ C3rtifiriates of purchase of different tracts 
or lots, or parts of tracts of lots, have been, or shall be, legally acquired by one 
person, and the ])arty thus purchasing or holding certificates, as aforesaid, shall 
demand one deed for the whole of the rea' estate so ])urchased, the County Audit- 
or shall include the whole in one deed, if all the requirements of this Chapter 
have been complied with, so that the party demanding such deed would be enti- 
tled to separate deeds for the said several parcels of real estate ; and if the whole 
of any tract or lot of real estate has been acquired by one party by differeut purchas- 
es, or by assignments of certificates of purchase, the survey and plat aforesaid shall 
be dispensed with, and the deed made for the Avhole ; and the deed so made by the 
County Auditor for any real estate sold at delinquent land sale shall be iirima fa 
cie evidence of a good title in the grantue, his heirs and assigns, to tiie real estate 
therein described. 

Sec. 85. Each tract or lot of land, or part thereof, or city, village or town lot 
or part thereof, which shall lie offered for sale by the County Treasurer at any de- 
linquent land sale, as provided for in this Chapter, and not sold for want of bid- 
ders, shall thereby become forfeited to the State of South Carolina, and thence- 
forth all the right, title ajid interest of the former owner therein shall be vested 
in the State of Soutli Carolina, and shall bt designated by the County Auditor on 
the list of delinquent lands as "forfeited," and transferred to the State of South 
Carolina, and charged with taxes and penalties,, as if the same was purchased by 
a private individual, and returned by the Treasurer as delinquent until sold as for- 
feited real estate. 

Sec. 86. The County Auditor shall enter in a substantial book, to be provided 
by htm fir that purpose, at the expense of the County, and denominated the "For- 
feite.l Litid Recirl," a list of all rjal estate forfeite.1 to of parcliased in behalf of 
the State, according to the provisions of this Chapter, certify to the correctness 
thereof, and sign the same officially ; a copy of which list he shall certify and trans- 
mit to the Auditor of State, by the County Treasurer, at the time the Treas- 
urer makes his annual settlement with the Auditor of State, next after the for- 
feiture or purchase of such real estate, and the Auditor of State shall record the 
same in his office. 

Sec. 87. The County Auditor of any County in which any real estate shall here- 
after be sold at delinquent land sale shall make deeds therefor, though the real 
estate may have been, or shall hereafter be, set ofif into another County subsequent 
to such sale, and such deed shall have the same effect as if such real estate had 
remained in the County in which it was tiold. 

Sec. 83. All rjal estat? sold at delinqu-nt land sale, under the provisions of 
this Chapter, shall, immediaely upm the certificate of purchas.^ being given there, 
^or be transferred Ijy the Cjunty Auditor to tlie name of the purchaser.* 

Sec. 89. Tlie sale of any real estate at delinquent land sale shall not be held 
invalid on account of its having been charged on the duplicate in any other name 
than that of the rightful owner. 

85. Luuis not bid for to be forieitel to t^e State. I">. 

86. Aufhtof to k-ep recoril of loilei e ' lanris. mid shdJ copv to Stite Auditor. I)., S3. 
ST l> linqieiu 1 iiiris sjIcI lo bo piiterj 1 in li:itj in na.i'.s of pur J. i c»er. 1 >. 

* 68. See orovisions u' ""Oi'., 11). 

89. Sales of laud act i;;v..ll.l tli< u^li not '.'liters,', in o Aner i niiue. lb. 



MANUAL. 237 



Of County Auditory, and Treasureirs, 



Sec. 90. If any certificate giv'cn at any sale of delinquent lands shall be lost or 
destroyed, upon satisfactory proof thereof to the proper County Auditor, he shall 
make to the party entitled tliereto a deed for the real estate so sold, precisely as 
if such certificate of purchase had not heen lost or destroyed. 

Sec. 91. The County Auditor .shall enter on his records of delinquent land sales, 
a minute of all deeds by him mudo in pursuance of any sales of real estate therein 
recorded, naming the party in wliose name the same stood charged on tlie dupli- 
cate at the time of the sale, the date of the sale, the name of the purchaser, a 
brief descii^tion of the leal estate, the quantity sold, the amount for which the 
same was sold, the date of the deed, and the name of the grantee therein ; also, a 
minute of all redemptions of any real estaUe so sold l)efore any deed made there- 
for, with the (late of redemption, and the name of tii(! party redeeming. 

Sec. 92. The purchaser of any interest of any tenant in common, in any real es- 
tate, at any sale of delinquent lands, shall, on obtaining a deed therefor from the 
County Auditor, hold the same with the other owner.-^, as a tenant in common, and 
be entitled to a partition of the estate so held in common, as other tenants in com 
mon. 

Sec. 93. In the case of all lands purchased on behalf of the State, under the 
provisions of Section eighteen ( 18 ) of this Chapter, the County Treasurer shall, 
in tlie name of the State, enter upon and take possession of the same, and may 
lease the same in parcels not exceeding for,ty acres each, to any person or persons 
who are citizens of the State, and who may desire to cultivate the same ; said lease- 
es to be in such form as shall be prescribed by the Attorney General, and sub- 
iect to all the rights of redemption in such case provided for by law. Said lands, 
may be leased for a sum certaui, not less than ten per cent, of the cost thereof, or 
for such i-hare of the crops as shall be reasonable and just. 

Sec 94. Any person who skall have rented lands under the provisions of the fore- 
going Section, entered upon and fulfiHed the conditions of the lease, shall, at the: 
expiration of the time during which .said lands were redeemable by the original 
owner, be deemed to have acquired a right of pre-emption in the same. 

Sec. 95. After the time allowed for the redemption of any lands purchased by 
the County Treasurer, on behalf of the State on account of taxes, shall have 
passed, the &aid Treasurer shall cause the same, or any portion thereof, to be sub- 
divided and sold, in parcels not exceeding forty acres each, at piiblic sale, after 
giving sixty days' notice thereof, and issue a certificate therefor. Said lands shall 
be sold to the highest bidder, and on terms most advantageous to the revenue of 
the State : ProHded, The party or parties who may have gained a right of pre- 
emption shall have the right to purchase the same at a sum not less than the cost 
thereof to the State, one-fourth of tin; purchase money to be paid down, and the 
balance, with interest, in three annual installments. 

Sec. 90. After the purchase money shall have Ixmmi fully paid, together with the in- 
terest thereon, the Governor is authorized and required to cause a patent or patents 
to be issued to any such person as may be i\nd bona fide purchaser, owner, assignee 

90. Auditor to make deed ihoujli cerUCcuie mav be lost. lb. 

91. To kpep inir.uieol all deeds luade, and of redemotion. iJ. 

92. Kecardiii;: tenants in common. It)., 81. 

53. Lands foifuted to State to be leased; Attorney General to prc*crioe form ol leas-e. 14, Stit 
98. 
Ul. Riiiit of pre-emption ma^ be acquiroii bv leasjc. lb. 
85. Luiiuft not redee ncd to be «ol.i ; Times of sale. Ij. 



238 MANUAL. 



Of County Auditort*, and Treasurers. 



or transferee of such lands or tenements, under and by virtue of any certiflcate 
of sale, or under and by virtue of any atisi^nmcnt or transfer of such certificate : 
Prodded, That in case of an assignment or transfer of a certilicate of sale, the per- 
son applying for such patent shall give ssnisfaciory proof to the County Treasurer 
of tlie preceding transfers and assignments. 

Sec. 97. The County Treasurer sliall, on or before the first day of November in 
each year, report to the State Treasurer all lands leased under this ChaiHc r, giving 
the names of the lessees and the tenns of each lease, and the names of the origin- 
al owners of such lands. Also, a report of all lands sold, and of the certificates of 
sale issued, and the terms of each sale. All monej's accruing to the State, under 
the provisions of this Chapter, shall be paid over and accounted for in the same 
manner as money received for taxes. 

Sec. 98. It shall be the duty of each owner of lands, and of any new structure? 
thereon which shall not have been appraised for taxation, to list the same for taxa- 
tion with the County Auditor of the County in which they may be situated, on or 
before the last day of August next after the same shall become subject to taxa- 
tion. 

Sec. 99. When any real estate shall be sold under a.ny writ, order or proceed- 
ings in any Court, the Court shfiU, on motion of any person interested in the rfeul 
estate, or in the purchase or proceeds of the sale thereof, order all taxes, assess- 
ments and penalties charged thereon to be paid out of the proceeds of such sale, 
as of lien prior to all others. 

Sec. 100. All taxes, assessments and penalties legally assessed shall be consid. 
ered and held as a debt payable to the State by a party against whom the sam6 
shall be chfirged ; and such taxes, assessments and penalties shall be a first lien 
against the estate of all deceased persons ; against the estate of bankrupts and in- 
solvents ; against the assets and estates of all persons making assignments for the 
benefit of creditors ; against all property held in trust ; against all personal proper- 
ty held on chattel mortgage, or in pledge ; against all personal property sold for 
the purpo.'ie of avoiding the i^ayment of taxes ; against all personal property held 
by parties in fraud of creditors ; against all stocks of goods, implemenis machin- 
ery and to^ls of raerchaats or manufacturers, as against purchasers of the whole 
of such stocks u])on which the taxes have not been jsaid ; and such taxes shall be 
first paid out of the assets of any estates of deceased persons, or held in trust as 
assignee or trustee, as^aforesaid, or proceeds of any property held on execution or 
attachment ; and the County Treasurer may proceed, by action at law, against tho 
parties holding property otlierwise, as above mentioned ; or, if he can obtain the 
jiossessioii of the property, he may distrain and sell the same precisely as if the 
same had not been Bold, mortgaged or pledged, as above mentioned. 

Sec, 101. If any action be prosecuted against the County Auditor or County 
Treasurer, for performing, or attempting to perform, any duty enjoined upon them 
by Chapters XII and XIII, the result of whi'-,h action will alTect the interests of the 
County, if decided in favor of the x^laintiff in such action, such Auditor or Treasur- 
er shall be allowed and paid out of the County Treasury reasonable counsel fees 



Wi. Palonts to be iB>iueil : Provirio. lb. 

97. Treasurer to make aiinuil reooit of l:ml>» l9iR?d. 

bS. WliPii ne\Y 8'iucini-e8 8t::ill be listed. lb., (54, 621. 

9!t. Taxep, :isses8inenrs an I penalties to liave first lien. Vi. 

100. To be llrst liens on ost,at>'t< ot r'eceused oer^cns, ; nd D;inkiu;;ts. lb., S, Bay., 214. 

101. K •Earcliiiir siiils .i^-'auisi .iuUitri or Trs;i^ui or. lb., 05. 



MANUAL. 239 



Of tJountAuditor/, and Treasurers. 



and other ex}>en9es, for defending such action, and the aniouut of any damages 
and costs adjudged against him ; which fees, expenses, damages and costs, shall 
be apportioned rateably by tlie County Auditor among all the jjnrties, except the 
State, interested in the revenue involved in said action ; and if the State be interest- 
ed in the revenue in said action, the County Auditor shall, immediately upon the 
commencement of said action, inform the Auditor of State of its (ommeiicement, 
and of the legal cause thereof, and the Auditor of State shall siibniit the same to 
the Attorney General, who shall defend such action for and on (.iehalf of tlie State; 
and if only some lot-al levy made by town or other municii)aL authorities be in- 
volved in such suit, stich town or other municipal authority shall emi)loy and pay 
counsel, and all damages and costs recovered in such action ; and the County Au- 
ditor or Treasurer, or botli, if both be sued, may, by cro.ss-petiiion, answer, or motion; 
in Court, cause the town trustees or other local or municipal authorities interest- 
ed in the revenue involved in the action to be made parties thereto, (if not al- 
ready parties,) and the Court in wiiich such action may be pending t-hall causo 
trustees, or other local or municipal authorities, to be made jjarties to such action, 
and render judgment for any damages and coritP which may be found in favor of 
the plamtiff against said trustees or other numicipal or local authorities, and not 
against said Auditor or Treasurer. 

Sec. 10::i. Each County Auditor shall answer, in writing, all inquiries propounded 
to him by the Auditor of State, toucliiag the condition and value of the real estate 
of his County, and changes made in the valuations thereof in the d liferent ttxwn n 
villages, cities, wards and other districts ; also, as to the valuations of the differ- 
ent classes of personal property for taxation, as compared with their market A'alue, 
and in relation to any and all matters which the Auditor of State may deem of in- 
terest to the public, or of value to him in the discharge of his duties as Auditor 
of State. 

Sec. 103. Each member of the State Board of Equalization, except the State of- 
ficera on said Board, shall receive three dollars per day for each day he shall be 
employed in performing the duties enjoined upon him, and ten cents per mile for 
traveling to, and the same for returning from the seat of Government, to be compu- 
ted by the most ustially traveled route, and paid out ofthe State Treasury, on the 
warrant of the Auditor of State. 

Sec. 104. Each member of the City Boards of Equalization shall receive for his 
services, for each day actually employe*! in performing the duties en joinedLupon 
liim, three dollars per day, to be paid out of the County Treasury, on the warran' 
of the County Auditor. 

Sec. 105. Every County Auditor or County Tr*nsur'"r who shall, in any casf'- 
refuse or knowingly neglect to perform any duty enjoinel on him, or who shaH 
consent to, or connive at, any evasion or violation of any of the provi.-rions of Chap- 
ters XII and XIII, whereby anything required to be done by any of said provision.^ 
Bhall be hindered or i)r«vi'nted, or whereby any property required to be listed for 
taxation shall be unlawfully exempted, or the valuation thereof be entered on the 
return for taxation, or on the duplicate, at less than its true value, eRtiniated ac- 
cording to the rules prescribed, or any tax, assessment or penalty, shall not ho 
collected, shall be deemed guilty of an offence, and upon indictment and conviction 
thereof, shall be fined in any sum not exceeding two thousand dollars, and impris- 
oned in the Penitentiary for a term not less tluin one nor more than three j-ears- 

102. County Aulitor to larni.sh Slate Auditor anv requu'sJ iuforiniiiioii . 

10.3. Pay of .'^tjte Boirl oi KqualiZiition. Ii).. 66. 

Iil4. I'liy ol Cilv Bund oi Equ,tliz.itioii. lb. 

\'Jo. Puiu«ii;iieiit o'' An Jitor or Ti-e isai sr for aegloc: o;' dLtr, lo., 66, Gi3 . 



240 MANUAL. 



Of County .rSuditors, and Treapurorp. 



Sec. 106. The collection of taxes shall not be stayed or prevented by any injunc- 
tion, writ or order, issued by any Court or Judj^e tliereof. 

Sue. 107. In any action or proceeding against any County Treasurer in this 
State, for the purpose of recovering any property or money alleged to have been 
erroneously or illegally asses.'^ed and collecred as taxes, assessments or penalties 
unless the party bringing such action or proceeding shall make it appear that a 
notice in writing of the claim on which such suit may be brought was given to 
said Treasurer in pursuance of the eighth (8) Section of this Chapter, and unless it 
shall be made to appear that said Treasurer has proceeded contrary to the provi- 
sions of this Chapter, the amount recovered in such suit shall not exceed the value 
of the property or money aforesaid. 

Sec. lOS. It shall be the duty of the Att iruey G^meral of the State to defend 
any suit or proceeding against any County Treasurer, or other officer, who shall 
be sued for moneys collected, or property levied on or sold on account of any tax, 
when the State Auditor shall have ordered such Collector to proceed in the collec- 
tion of any such tax, after notice as aforesaid, or suit brouglit ; and any judgment 
against such Treasurer or other officer, finally recovered, shall be paid in the man- 
ner provided in Section sixty-three (G3) of this Chapter. 

Sec. 109. All past due and unpaid taxes, State or County, laid or levied upon or 
by authority of the late Provisional Government, or mider or by virtue of military 
ordt rs, sliall be paid and collecti'd by the County Treasurer, to whom the late Tax 
Collectors shall turn over all moneys, books, tax executions, papers and other pro- 
perty, now in their possess. on, in the same manner as is provided in this Chap- 
ter. 

Sec. 110. Fees for the actual collection of taxes only shall le allowed, and no 
costs or expenses shall be paid by the County or State on any executions issued, or 
hereafter to be issued, and returned nulla bona. 

Sec. 111. Any County Treasurer who shail netrlect to pay over to the Treasurer 
the amount in his na;ids bdong.ng to the StLte, or for which he has made him- 
self liable, as required by law, shall bo liable to be committed to jail by a warrant 
from the Treasurer, which warrant shall be directed to all the Sheriffs of the State, 
who shall be bound in their several Counties to yield strict obedience to tiie sime, 
under penalty of liability for neglect of duty ; and such County Treasurer shall re- 
main in strict custody until he shall have rendered a full account, anl paid over 
the taxes for which he is accountabltj. 

Sec. 112. If any County Treasurer shall refuse or neglect to pay the taxes re- 
ceived by him within the time required by law, the Treasurer shall, in addition to 
the coercive power which he now possesses, charge the County Treasurer with in- 
terest, at the rate of five per cent, per month, from the time he ought to have paid 
the taxes, to the time of such s t'Jcmcnt. 

Sec. 113. The Treasurer shall report to the General .\.ssemblv, at its annual 
session, every instance of default in the County Treasurers, and state particularly 
the means which he has made use of against such defaulters, so thct the General 

106 Ci lleclicD 01 taxes not to bo staved, or enjuined. Oen., fecat., 8S. 
1 1. Aelious lor ii'cuver\ oi l;:xes illeisiliv asscsjjJ. 14. Stat. .367. 

108. A:,toriiev Gei^eral to cieieiid County Treasurer or otlierofflo«rs w'len. Ih. 

109. Tiixufc levied by Provisional Oovern'ncnt, to be collected bv 'i'reasurer. Id., 30J. 

110. Tees f(ir co!lectU)i), lo be paid, but no nulla &o/(« costs. I'). 

iJl. Eefauluue iieasurer lo be couiiuiUed to Jail. 5, Stat , 5J. Gen. Stat., 111. 
212. Teua Cj atluchiiij,' tu i,'ef uli. 11, St^ t., %Vt. 



MANUAL. 241 



Of County Auditors, and Treasurers. 



Assembly may Le fully informed of any omissron of duty. w!ioresoevcr and by 
whomsoever, in the punctual aiid due collection of taxes ; he shall instruct the At- 
torney General and Solicitors to proceed against all such defaulters, as soon as 
Buch defaults shall occur; and it shall be the indis: leasable duty of the Treasurer, 
to enforce all legal means aj^ainst defaultinir County Treasurers ; in failure where- 
of, he shall be held to make good any lose which the State may sustain thereby, 
and be, moreover, liable lo be deemed guilty of a violation of his official duty. 

Sbc. 114. The County Commissioners sliall assess all taxes for County purposes 
apon the then last State valuation ; and for this purpose shall, on or before the 
first day of January in each year, obtain from the Auditor of the County (who is 
authorized and lequired to furn sh the same) a certified copy of the duplicate, and 
shall, on or before the fifteenth dav thereaft r, pursunnt to authority given by the 
General Assembly, make out and deliver to the County Treasurer, with the'r war- 
rant to collect, a tax bill for County purposes. Said tax bill and warrant shall be 
aigned by tie County Commissioners, or a majority of them, sealed with their seal, 
and certified to by their Clerk. Said tax bill and warrant shall be tbe Treasurer's 
sufficient authority, and lie shall proceed thereon to collect the taxes therein laid, 
in the same manner as provided by law for the collection of State taxes. 

Sec. 115. The several County Treasurers sh;' 11 retain all the poll tax collected 
in their respective Counties ; and it is hereby made the duty of the said County 
Treasurers, in collecting the poll tax, to keep an account of the exact amount of 
said tax collected in each School District in his County ; and the poll tax collected 
therein shall be expended for school purposes in the School District from which it 
was collected ; and any violation of this Section by tne County Treasurer shall 
constitute, and is hereby declared, a misdemeanor ; and. on conviction thereof, the 
said County Treasurer shall pay a fine not loss than five hundred (500) dollars, 
nor more than five thousand (5,000) dollars, to be used for scho'il purjjoses in the 
County suffering from such violation ; or imprisonment, in the discretion of the 
Court. 

Sec. 116. The County Treasurer shall pay over all moneys by liim received, 
which shall have been assessed by virtue of the vote of any District meeting, as 
herein provided for, iu the County in which such District is situated, on the order 
of the Clerk ot the Board of Trustees of said District, countersigned by the County 
School Commissioner, to be used for the purpose directed by the District meeting 
so held. Said money shall b ; assessed and collected at the time, and in the man- 
ner ihat Cjunty taxes arc assessed and coUertod : Provided, That in School Dis- 
tricts where there are less than one hundred ch.ldren between the ages of six and 
sixteen, the iuhabitants may raise such a sum, jier child, as will be sufficient to 
maintain their schools. 

Skc. 117. If any bank or banking association shall fail to make out and furn sh 
to the County Auditor th-* statement required by the Soth Section of this Cliapter 
within the time required herein, it shall be the duty of the Auditor to examine the 
books of snid bank or banking association ; also, to examine any officer or agent 
thereof, under oath, together with such other persons as he may deem proper, and 
make out the stiitcmen. required by said 35th Section, and ent r the value of said 
shares on the duplicate for taxation. Any bank officer failinir to make out a id fur 

113. Defjuhiiitj Treasurer to be reoort-.-d ii. (ieiierai .\<se iiijiy, j. Stat.. -Ul, 453. 

114. Taxes to DO assessoj ujoii las^ State valualioo. 14. oia\. 274. 
116. Troasnrer to retail) pt>il t,.x lor scnooi paryoses. lb., 559. 

119. Scliool nioiipys lo De hold Dv Cnwitv Treasurer. Gen. Stat.. 233. 
11". Couniy Auuitor niav exiiiiiut bjnk boois aro paptjs. 14. oIk., yy. 



242 MANUAL. 



Of County Auditors, and Treasurers, 



nish to the County Auditor the etatempnt, or wilfully making a false statement, as 
required in the 35th h'cctiou of this Chapter, s'lall be liable to a fine not exceeding 
one hundred dollars, together "with all cosis and other expen.'^cs incurred by the 
Auditor, or other proper officer, in obtaining such statement aa itoresaid. 

Sec. 118. Be it enacted : ITiat Section 108 < f tiio Act entitled "An Act provid- 
ing for the assessment and taxation of property," passed September 15, 18G8, be 
and the same is hereby, altered and amended, by striking out all the proviso, after 
the word»"dt-linquent land sale," in the tvi'elfth line ; tliat Section 114 of the same 
Act be amended by striking out tiie words "two years," and inserting, in lieu there- 
of, the words "ninety days ;" that Section IIG of the same Act be, and the same is 
hereby, amended by striking out tlie words "two years," wherever the same ap- 
jjears th rein, aiid insert, in lieu thereof, the words "ninety dayfj,"that Section 117 
oi the same Act be, and the same is hereby, amended by striking <mt the words 
one year," wherever the same may appear therein, and insert, in lieu thereof, the 
words "tiiirty days;" and by striking out the words "two years," wherever the 
same may appear therein, and insert, the words "ninety days," in lieu thereof; 
that Section 123 of said Act be, and the same is hereljy, amended by striking out 
the words "two years," wherever tlie same may occur therein, and insert, in lieu 
thereof, the words "ninety days." 

Sec. 119. That so much of tlie Act entitled "An Act to further amend an Act 
entitled 'An Act providing for the assessment and taxation of property/ " passed 
Mareh 8, 1871, as provides that all deeds of conveyance of real estate shall be 
placed on record in the office of the County Auditor ijefore the same can be placed 
on record in the office of tlie Register of Mesne Conveyance, be, and the same is 
hereby, amended by adding th« following, viz : And for each and every violation 
of this provision bj' a Clerk of Court or Register of Mesne Conveyance^ he shall, 
upon conviction, before any Court of competent jurisdiction, be fined in a sum of 
not less than five dollars, nor more than twenty dollars, and the costs of the ac- 
tion ; one-half of said fine to be paid into the County Treasury for the benefit of 
the County, and the other half to be jiaid to the County Auditor, 

Sec. 120. Ths lands which have been forfeited to the State under the provi- 
sions of the Act pro\nding for the assessment and taxation of property, passed 
September 15, 18()8, and other Acts amendatory thereto, shall be advertised by the 
County Auditor, in manner provided by Section 107 of said Act, and sold by the 
County Treasurer to the highest bidder ; and the County Auditor shall execute a 
"warranty deed" to the purchaser. The proceeds of the sale, after deducting fees 
allowed by law, and ])aying the County the amount of taxes and penalties due 
from such land, shall be forwarded to the State Treasurer by the County Treasui- 
er, and shall be credited to the County from which it is received on account of the 
forfeited lands. 

Sec. 121. That all lands and real estate within this State, whereupon, or in re- 
spect whereof, any sum of money remains due or payable after the sale provided 
for in Section lo. Chapter XIII, Title III, of General Statues, or which are liable 
to be sold for, or on account of, any tax laid by or under theauthority of this State 
for State or County purposes, in accordance with the provisions of either of the 

118. Time for redemption ohanred. 15, Stat., IfiS. 

119. Pen.ilty it Register recorils conveyance be.ore beiiis entered in Auditor's otBce. lb. 
12U. ForfeUed lands lo be sold and warranty deeJs given. lb.. 164. 

ISl. Time for sale ot forreiled laiiids ; Otner provisions. lb , 164. 



MANUAL. 243 



Of County Auditors, and Treasurers. 



several Acts for the purpose of at^sfssing and levying taxes for the support of the 
government of the State and of the several Counties thereof, passed in the years 
1868, 1869, 1870 and 1871, shall be exposed to sale, and sold for the payment of 
fluch taxes, and all penalties, costs and charges thereon accrued, on the first Mon- 
day in Jun«-, 1873, and, from day to day thereafter, Sundays only excepted, until 
the whole thereof shall he sold, at the place or places, on the terms and in the 
manner hereinafter provided ; such sale shall be by the County Treasurer of each 
County, at the County heat, who shall expose and offer the said lands at public 
sale, to be sold and conveyed in fee simple, without any right of redemption, for 
the payment thereof. If no person shall, at said sale, offer to purchase or take a 
less quantity of the lands so charged and offered than the whole thereof, at and 
for the amount so charged for the taxes, penalties, costs and charges, the said Coun- 
ty Treasurer shall declare that the State is the purchaser tliereof, at and for the 
amount so charged ; and, thereupon, the State shall become invested in fee simple 
with the title to said lands, and the appurtenances and all the improvements there- 
on. If, at said sale, any person shall publicly offer to take a less portion than the 
whole of said lands, for the said taxes, penalties, costs and charges, then the said 
lands shall be sold to such person as shall offer to take the smallest portion there- 
of, and pay the same ; and, upon the payment of the amount so due to said Coun- 
ty Treasurer, said officer shall execute and deliver to the said piirchaser a certifi- 
cate, setting forth the fact of such purchase, and the payment of the amount bid ; 
and, thereupon, the said purchaser shall be entitled to a grant from the State of the 
undivided right, title or interest, in fee simple, without redemption, in and to all 
the lauds so sold and all lands belonging to any person or persons or corporation 
against whom such tax was levied and assessed, equal to the proportion which the 
amount bid holds to the whole of said lands so jjurchased, and the purchaser shall 
be entitled to demand partition thereof according to law ; and, on such partition 
the said purchaser shall be entitled to a proportional share and interest in all im- 
provements thereon. In addition to the sums now assessed and chargeable iipon 
said lands, there shall be added, at the time of said sale, five ])er centum of the 
amount of said taxes, penalties, costs and charges , which said sum is hereby ap- 
propriated for the payment of the expenses of said sale, and the collection of the 
moneys thereon. One-half of one per cent, to be for the use of the County, and 
the balance to be paid into the State Treasury. If any persoa to whom such lands 
shall be struck off shall fail forthwith to pay the amount bid therefor, said Coun- 
ty Treasurer shall immediately expose and offer such lands for re-sale, as if no 
such previous sale had taken place. The County Treasurer shall make weekly 
remittances of all funds received, according to the provisions ot the Act, to the 
State Treasurer, and shall forward monthly accounts for said funds to the State 
Treasurer. ^ 

Sec. 122. It shall l)e the duty of the Governor to cause this Act to be published 
in such manner as shall, in his judgment, be requisite to give full information 
thereof ; the expenses of such publication to be paid or reimbursed out of the fund 
authorized hereby to be charged as the expenses of said sale. 

Sec. 123. It shall be the duty of each County Auditor of each County to exhib- 
it the tax books thereof, showing all delinquent taxes herein provided for, for sixty 
days next prec(;ding such sale, and all persons shall be entitled to inspect the 
same, between the hours of 9 o'clock A. M. and 12 M., of each day, Sunday ex- 

123. Act to be publisned for tull inionnation. lb. 

12.1. Duiv of Conntv Auditor in tlie premises, lb., 166. 



244 



MANUAL. 
Of County Auditors, and Treasurers. 



cepted ; and it sliall beliis duty to attend said sale, with the paid tax books, and 
to furnish to said County Treasurer, and all persons requiring the same, such in- 
formation as the records of his office may afford relative to the matter involved 
in said sale ; and, upon the delivery of the Treasurer's certificate of sale, to exe. 
cute a deed in accordance with Section 33, Chapter XIII, Title III, of the Qen- 
sral Sta.tutes of South Carolina. 

Sec. 124. Be it evaded: That where the writ of habeas corpus has been bub- 
pended by the President of the United States, there ehal] be levied and collected, 
•t the same lime and in the same manner that all other taxes are collected, a epe- 
cial tax of one-half Q) mill on the dollar, of the assessed value of all the taxable 
property of each and evury of said Counties, the proceeds of which tax shall be 
paid into the County Treasury in said Counties, respectively ; and shall constitute 
a pension fund for the support of the indigent widows and orphans of those per- 
■ons who have been killed in said Counties because of their political opiuioug : 
Provided, TLat if in any County said levy of one-half (|) mill on the dollar shall 
be more than sufficient for the support of the widows and orphans aforesaid in 
said County, then said excess shall be applied to the school fund, to be disbursed 
accordinfr to law. 

Sec. 125. That each of such destitute or indigent widows or orphans, on satis- 
factory proof (by not less than two disinterested witnesses) furnished to the Coun- 
ty Treasurer of his or her County, shall receive an allowance or pension of the 
amount as follows, to wit : For each widow, ten dollars per month ; for each or- 
phan child, under the &i^ of fil^eeu years, six dollars per month, payable on the 
first day of each and every montli by the County Treasurer, such allowance to be 
continued during the widowhood of such widow, or to such orphan child until he 
or she shall have attained the age of fifteen years. The County Treasurers of said 
Counties shall report to the next General Assembly a detailed statement as to how 
far the provisions of this Act have been carried into execution. 

184. boecial taxes to be levied and coUecied in certain Couuties. lb., 206. 
136. To whom distributed ; raies oi distribution. ID., 20T. 



li'Mi.iKu, 




MANUAL. 245 



Of Fees, and Salaries. 



CHAPTER XIV. 



OF THE 



FEES, m SAURIES OF mm OFFICERS, 



The Clerks of Courts of Common Pleas and General Sessions shall receive, 
for services, the following fees ; 

For signing and sealing subpoena writ, State cases $ 50 

For administering oath 25 

For taking and filing bonds in attatchment and other cases 1 50 

For signing and sealing commission to examine witness 1 00 

For recording plat under order of Court 1 00 

For rule of survey 1 00 

For each oflBcial certificate undeT seal 50 

Issuing writ of attatchment for contempt, or other special writ 1 50 

For signing and sealing writ of hnb. fnc. possessionem 1 00 

Receiving and paying over money oificially, under three hundred dollars 3 per cent. 

over that amount 1 per cent. 

On bill nol. jrros., before given out 2 00 

On bill thrown out by Grand Jury, or found, and nol. pros., abated, discon- 
tinued or struck off 3 00 

On bill found ana verdict by petit jury 4 00 

For issuing bench warrant 2 00 

For issuing execution in Sessions 2 00 

For signing and sealing writ of habeas coi'inis 3 00 

Issuing warrants, taking recognizance or other services in Sessions, the 

same fees as allowed to Trial Justices 

Each writ of venire facias, including all services incident to summoning ju- 
rors 2 50 

Perparing and issuing certificates for grand and petit jurors and Consta- 
bles, and furnishing return to County Commissioners, for each week of 

every term of the Court 10 00 

Furnishing advertisement in case of escheat, exclusive of printer's bill, and 

recording proceedings thereon 5 00 

For advertising and giving notice to Commissioners of Elections, in case of 

vacancy in office, each 10 00 

'or license to an attorney, all incidental services included 5 00 

.''iling and entering notice of alien's intention to become a citizen 1 00 



246 MANUAL. 



Of Fees, and Salaries, 



Filing ami recording report of alien $1 00 

Adnlini^^tering oath()f intention, 

Filing and entering api>lioation to become a citizen and adniiuinte^ring oath. 

Forgiving certificate of citizensliij). 

Taking renunciation of dowor or inlnTitance, 

For official record of estray, and filing papers, 

Every searcli for a paper, 

Every search, with certificates. 

Swearing Trial Justice or Constable in office, and certificate thereof, and ta 
king bonds. 

For recording bonds of County officers and certifying the same. 

For recording proceedings in each case as required l)ylaw, 

All orders for bastardy and taking recognizance, 

For filing petition and signing writ de lunatio inquirendo, 

For filing inventory and order of discharge of debtor, 

For granting rules against creditors, 

For every i)robate in writing. 

For signing dedimus potestatem , 

For official certificate to exeni])lification of record. 

For oflicial certificate in case re(iuiring seal, 

On every trial, from tlie ])arty bringing it on, 

On filing transcript, 

On entering judgment, 

Signing and sealing each execution and renewal. 

Copy papers, per copy sheet of one hundred words. 

For recording and copying dee'ds or other papers, per copy sheet of one hun- 
dred words. 

For every certificate on deeds or other pajiers, 

Recording certificate of amount due on liens, &c., the same fees as for re- 
cording mortgages, of equal length. 

For hearing and trying applications for relief of persons confined on civil 

process, 3 00 

If jury is required, issuing summons, and charging same, in addition, 2 00 

For taking confession of judgment, with all incidental services, 5 00 

For taking recognizance under provisions of Sec. 12 Chapter 138, Gen. Stat. 1 00 

In every action in which issue is now joined, and the case is on the calendar 
of the Court of Common Pleas in the 1st and 5th Circuits, the party who 
sliall have filed such note of issue, as a condition precedent to bringing 
such action to trial shall pay the Clerk, 'S 00 

In every action on either side of said Court commenced after tlie passage of 
this act the party who shall file first note of issue of fact shall as a condi- 
tion precedent to such filing pay to the Clerk, to be accounted for by him 
to County Treasurer monthly, as a fund forjiayment of Stenographers, 3 00 

c::;<03vi:i»^xjs^io3Nr33i=ijs 03E» XjO«o-A-TioT<r. 

For recording application and granting warrant under \u\nd uud seal $ 75 

For recording plat and sending to Sec. State 1 75 

For each copy of plat and certificate 1 35 



1 


00 


2 


00 


1 


00 


2 


00 


1 


50 




15 




50 


2 


00 


1 


50 


1 


50 


1 


00 


1 


00 




50 




50 




25 


2 


00 


1 


00 




50 


2 


00 




25 




50 




50 




25 




25 




25 



MANUAL. 247 



Of Fees, and Salaries. 



Tlie fees of Sheriffs sliall be as follow.-; : 

For entering every writ, i)roeess, warrant or execution, and niakinj,^ endorse- 
ments thereon 30 

For serving every writ or sunuHun 1 .ji'.side.s mileage, 1 00 

For bond in any case, 1 50 

For «!ommitment and release, each, 50 

For serving each venire for Grand .Jury 10 00 

For serving each re/(.i7'e for Petit Jury, 20 00 

For serving eacii bench or otlier warrant in tiie sess ous, (^r attacUincnt tor, 

contempt of Court, beside mileage, eai-ii, 1 QS 

Search for person or goods not found and returned on the execution )io)i est 

inocntna or nulla bona, besides mileage, 1 00 

Levy, attachment or other execution, besides mileage, 1 oO 

Dieting persons, per day, 40 

Executing convict, including all charges for burial and other expenses, 25 00 
Bringing up prisoner under habeas corpus, to be paid by the prisoner, if able, 

(if not, by the County,) besides mileage, 2 00 

ConTeying prisoner from one pLacetto another, besides all necessary expen- 
ses, and returning, per mile, 10 
Each guard for Sheriff, in conveying prisoner, per day, 2 00 
Commissions on all moneyy collected by him, if under $300, 2 per cent. 
Jf over that sum, on first $300, 2 per cent. 
On balance, 1 per cent 
On all moneys paid out of office on all exe?utions lodged ; -J- of, 1 per cent. 
Advertising defendant's property, in addition to printer's bill, 1 00 
Drawing deed or mortgage, 3 00 
Drawing bill sale of, 1 50 
Each notice served ojn set of Commi.3sio.ier3 of Electiou, besides mileage, 1 50 
In case of ejectment, and ejecting tenants or others, besides mileage, 5 00 
Summoning Coroner's jury and wituesse.3, to be paid by tlie County, 5 00 
For executing a writ of halicrc farias possessionem, besides mileage, 1 00 
Mileage from Court House to defendant's or witness' residence, or place 

where found, going, but not returning, per mile, 05 

Transferring money, bonds or other securities for money to party, -J of 1 per cent. 
For summoning freeholders to try suggestion of fraud under provisions of 

Sections 21. and 23, of Chapter 123 Gen. Stat., 5 00 

The Corou'.-r shall be entitled to the follo'.ving fees: 

For every inquisition, 10 00 

For mileage going and returning, per mile, 05 

For each commitment, 50 

For each recognizanct-, 75 

For each body disinterred, 3 00 

Recordiu«^ proceedings in each inquisition, in his book, jxr copy slieet one 

hundred words, 1.1 

Performing duty of Sheriff, same fees as are allowed to Sheriff for like service. 



248 MANUAL. 



Of Pees, and Salaries. 



The fees wliidi Trial Justicess shall be authorized to receive liy law shall 
be as follows : 

Oath and warrant, in any criminal case ^ ,50 

Each recognizance, 50 

Comnutment and release, each, 50 

Administering and certifying oath in writing, other than above, 50 

Issuing writ of habeas corpus to two Justices jointly, 2 00 

Issuing summons and copy for defendant in civil cases, 60 

Issuing summons for witness in any civil case, 50 
Talving examination of witness in writing in any case, as piescribed by law, 1 00 

For giving judgment on hearing litigated case, 50 

For giving judgment in case not defended, 50 

Foj issuing execution, or renewal of the same, 50 

Report of case and taking bond to appeal, \ 50 
For issuing attachment returnable to Court or Justice including all notices, 1 50 

For filing return of garnishet-. and order tliereon, 25 

For proceedings in case of ejectment, 5 00 

For approval of indentures of apprentices or servants, 1 00 

For procedings on Coroner's inquest, as prescribed by law, 10 00 

For proceedings on estray of horse or mule, 1 OO 

For proceedings on all other estrays, 50 

For taking and certifying renunciation of dower or inheritance, 2 00 

For granting order for special bail, • \ 00 

For trial of any criminal case or misdemeanor, 3 00 

For administering oath, - 25 

For administering oath on affidavit, 50 

Proceedings in case of bastardy, inclusive, 5 00 

For oath and warrant in any criminal case, 50 

Eacli recognizance, 50 

Commitment and release, each, 50 

Administering and certifying oath, other than above, 50 

C:3C3>3XrS?'Z'.A-T^TB:E3gt. 
The fees of Constables shall be as follows : 

For summoning witness in civil case % 50 

For serving summons, rule or n<)tice in any civil case , 50 

For serving attachment on each person, 1 00 
For levying execution, posting advertisements of sale, and paying over pro- 
ceeds, be.sides commission of three per cent, on amount collecled, to be 

paid by the defendant in execution, 50 

For every day iu search of stolen goods, to be paid by complainant, 2 00 

For serving a warrant in any State case, 1 00 
For selling an estray, five per centum of the proceeds, and, in all cases, for 
actual and necessary travel one way, to be certified l)y the officer on 

the back of the process, in writing, per mile, 05 
For all necessary service in case of ejectment, as well before as after 

judgment, 5 00 

For summoning Coroner's jury, and witnesses, to be paid b.y the County, 3 00 
For transi)ortation of prisoners to County jail, per mile, to be paid by the 

Count V, 10 



MANUAL. 249 



Of Fees, and Salaries. 



Jiuljres of Probate sluill 1)0 ciuitled to charge the following fees for the 
services required of tliein Ijv law : 

For petition for letters of adniiiiirtiration &c., $2 00 

For citation, 1 00 
For qualifying executor, adniiiiistrator or guardian, issuing letters and re- 
cording the same, 4 00 
For taking bond of administrator or guardian, and recording the same, 2 50 
For issuing warrant of appraisement, 1 00 
For proving will in common forju, 1 00 
For i)roving will in solemn form, 10 00 
For recording wills and .-ertiflcates, per copy sheet of one hundred words, 

each figure counting a word, 25 

For filing and entering renunciation of executor, 1 00 

For deditmis potcstatem to prove will or qualify executor, 2 50 
For recording inventories, appraisements and sales, per copy sheet of one 

hundred words, each figure a word, 25 

For receiving, examining and filing annual returns, 2 00 

For first and final returns, each, 8 50 

For recording returns, per copy sheet of one hundred words, 25 

Making order for sale of personal property, 1 50 

Hearing and filing petition for guardians, and appointment, 5 00 

Entering caveat and withdrawing the same, 1 00 

For hearing litigated cases, 5 00 

Issuing summons, for each witness, 50 

Qualifying and examination of each, 25 

For proceedings in partition of real estate worth less than f 1,000, 15 00 

For proceedings in partition of real estate worth more than $1,000, 80 00 

For appointing guardians ad litem, 3 00 
Commissions on all moneys received and paid out, on first f 300, 2 per cent. 
On all sums over $300, 1 per cent. 

For search for each paper, 15 

For certificate and seal, 50 

For copying papers on file in office, per copy sheet, 100 words, 25 

For final discharge of executor, administrator or guardian, 2 00 

For proceedings in dower, inclusive of all charges, 20 00 

For proceedings in lunacy, inclusive, 5 00 

Appraisers to appraise the estate of deceased persons, per day, $1 00 

Appraisers to set out homestead, per day, 8 00 
Freeholders summoned to survey rice lands, as provided by Chapter 

XLIX, Gen. Stat., per day, 1 50 

For going to and returning from the place of meeting, per mile, 05 

For every day spent in the business of a reference, 3 00 

For surveying land, per acre, $ 01 

For making out a fair plat, certifying, signing and returning the same, 2 14 
For running old lines for any person, or between parties, or by order of 

Court, while they are oij the survey, per day, 3 00 



250 MANtJAL. 

Of Feet;, and Salaries. 



For atteudance at Court as a <fraiid of jjctit juror, per day... ., 1 50 

For mileage, goiug and returning, per mile, 05 

For witness in a civil case, per day, 1 00 
For coming to Court and for returning, besides ferriages, to be paid by the 

party summoning such witness, per mile, 05 

For attendance at Court as a witness in a criminal case, per day, 1 50 
F(or mileage, going andreturning, to be paid by the County wliertin the 

offence shall have been committed, per mile, 05 

For every entry and endorsement of any dee.l on conveyance of real proper- 
ty recorded in his office, ^ 25 
For making warranty deed of land sold, 2 00 
For salary, payable quarterly at State Treasury, per annum, 1,000 00 

T=3FS. lEuauSTJU-IBH.. 

Five per centum on all <x>llections, provided: same do not exceed, per 

annum, $2,500 00 

For issuing Tax Execution, five per cent, ou amount. 
For mileage in making levy, ]xer mile, 06 

Notaries Public shall be entitled to receive the following fees : 

For taking dei:)osition and swearing witness, per cojjy sheet, $ 

For every protest. 

For a duplicate of deposition, protest and certificate, per copy sheet, 

For each attendance on any person to prove any matter or thing, and certi- 
fying the same. 

For every notarial certificate, with seal affixed. 

For administering an oath, 

For administering oath on affidavit, 

For taking renunciation of dower or inheritance, 

SIOXjXCJXTOXI. 

Salary jier annum, payable quarterly at State Treasury, $1,000 00 

On every bill of indictment found and tried, 10 00 

On every bill found and nolle proa, entered, 7 50 

For every Rule entered on Contingent Docket, 7 30 

The Solicitor has discretion in the settlement of cases of misdemeanor, 

and may decline to give out bills where public justice may be otherwise 

subserved. 

For all proceedings before; notice of trial, in actions where judgment for 

failure to answer can be taken without application to the Court, $15 00 

Where judgment can only be taken on such application, 25 00 

For all ])ro<'eedings after notice of and before trial, 15 00 

For each additional defendant served with process, not exceeding ten, 2 00 

For each necessary defeiulant in t'xce.s.s of that numlxn", served with process, 1 00 



25 


2 75 


15 


1 00 


1 00 


25 


50 


2 00 



MANUAL. 251 



Of Fees, and Salaries. 



$20 00 


30 00 


10 00 


25 00 


10 00 


10 00 


10 00 


20 00 


10 00 


10 00 


10 00 



For trial of issue of law 

For every triiil of issue of fact, 

\Mi(ii tri:il necessarily occupies more than two days, additional costs of, 

P\)r all proceedings after granting ot and before new trial, 

Taking deposition of a witness conditionally, or to perpetuate testimony, 

Drawing interrogatories for commission. 

Attending examination of a party before trial. 

Making and serving a case, or a case containing exceptions. 

When the case necessarily contains more than fifty folios iii addition there- 
to, 

Making and serving amendments thereto. 

Appointment of guardian of infant defendant, 

(XOTK. — No more than $10 allowed for ajipointment of guardian in any 
one action.) 

Procuring order of injunction, 10 00 

Appeal to Supreme Court, before argument, 'SO 00 

Argument, 60 00 

N. B. — When judgment is affirmed, the Court may, in its discretion, 
award damages for the delay, not exceeding ten per cent, on the 
amount of the judgment rendered. 

Preparing and seving a case, or a case containing exceptions, in aiipeal to 
Supreme Court, 20 00 

For every term, not exceeding five, at which the case is necessarily on the 

calendar, 10 00 

For every term, not exceeding ten, excluding term at which argued in 

Supreme Court, 10 00 

Upon recovery of judgment, in actions for partition of real property, fore- 
closure of mortgage, or in which warrant of attachment is issued, or ad- 
judication upon a will, or other instument in writing, or tocomjiel the de- 
termination of claims to real propertv, for any sum exceeding $200. 10 percent. 

For additional amount not exceding $400, an additional snm of, 5 per cent. 

For ad;litional amount not exceeding $1,000, an additional, sum of, 3 per cent. 

3DI3I»:E:Pir33-^.3\ri"'S» CJOJSTSi. 

For proceeding.-^ before notice of trial, $10 00 

For proceedings after notice and before trial, 15 00 

Trial of issue of law, 20 00 

Trial of every issue of fact, 30 00 

If trial occupy more than two days necessarily, in addition thereto, 10 00 

Proceedings after granting of and before new trial, 25 00 
Taking deposition of a witness conditionally, or to perpetuate testimony, 10 00 

Drawing interrogations for commission, 10 00 

Attending examination of a i)arty before trial, 10 00 

Making and serving a case, or a case containing exceptions, 20 00 
When the case contains more than 50 folios necessarily, in addition thereto, 10 00 

Making and serving amendments thereto, 10 00 

On ajjpeal to Suj^reme Court, Ix-fore aigument, 30 00 

Argument, 60 00 



253 



MANUAL. 
Of Fees, and Salaries. 



N. B. — When judgment is affirmed, the court may, in its discretion, also 
award damages for the delay, not exceeding 10 per cent, on the amount 
of the judgment. 
Preparing and serving a case, or a case containing exceptions, in appeals to 

Supreme Court, 20 00 

For every term, not exceeding five, at which the case is necessarily on the 

calendar, 10 00 

For every term, not exceeding ten, -inclusive of term at which case is argued 

in Supreme Court, 10 00 



MANUAL. 263 

Forms, for use of Clerks. 



CHAPTER XV. 



FORMS FOR USE COUNTY OFFICERS, 



MTRY IN SESSIONS 30VmAU 

1. The State of South Carolina ; 

At a Court of General Sessions for the County of begun to be bolden 

at Court-house, on the day of * present the Honorable 

one of the Circuit Judges of the eaid State. 

2. Tfthe Clerk is required to certify to a very forfnai transcript from the Journal. 

(As above to • ) and there continued by divers adjournments until the 
day of aforesaid ; present the Honorable, (&c. ) On (Saturday) the 

day of aforesaid, the following order was made and entered j(or entry was 

made) on the Journal of the said Court, to wit : [here insert a copy of th^ en- 
try]. 

In witness whereof, I, A. B., Clerk of the said Court, have hereunto get my hand 
and aflBxed the seal of the Court, at , this day of one thou- 

sand eight hundred and and in the year of the Independence of the 

United States of America. 

3. {8eat) H.B., c. G. s. 

(As in No. 1. to * ) no Judge being present, the Clerk of the said Court opened 
the Court, and after calling over the roll of Jurors summoned to attend, ad- 
journed until ten o'clock A. M. to-morrow, 

Or, no Judge being present, and the Clerk having received due notice that the 
eaid Judge will not be able to attend by reason of sickness, the Court was then ad* 
journed by the said Clerk, until the first day of the next Regular Term. 

ENTRY IF IT BE EXTRA COURT. 

4. The State of South Carolina. 

At an extra Court of General Sessions, for the County of begun to 

be holden at the Court house in on the day of purHuanl 

to the order of the llororable the Chief Justice of the Supreme Court 

of eaid State, (a copy of which is hereunder-icritten ,) the Honorable 
Circuit Judge was present, presiding. 



254 MANUAL. 



Forms, for use of Clerks. 



5. Prochanation before calling Oraud Jurt/ : 

You, good and lawful mon who are here, returned to inquire fortlie people of the 
State of South Carolina, for the body of the County of . answer to 

your names, each and every of you, and save your fines. {Then call tluta bi/ iidiiw, 
one by one in their order). 

6. Oatli of the forcmtin of the Oraiid Jiini. 

You, as foreumn of this (irand incjuest, shall diligently inquire, and true pre- 
sentment make of all such matters and things as shall be given to you in charge \ 
the counsel of the people, of your fellows, and your own, you shall keep secret; 
you shall present no one from envy, hatred or malice ; nor leave anyone unpresent- 
ed for fear, favor, affection, reward or the hope of reward ; but you shall present 
all things truly, as they come to your knowledge, according to the best of ycHir 
understanding : So help you God, 

7. Oath <f Grand Jnry. 

The same crath your foremnn hath taken on his \)i\v\, you and each of you shall 
truly observe, and keep on your i)art : So help you God. 

8. Proclamation for silence on charging Grand Jury. 

All persons are strictly charged and commanded to keep silence, ■while this 
Honora])le Court is giving the charge to'tlie Grand Jury, on pain of imprison- 
ment, 

9. * Oatli of witness before Grand Jury on biU of Indictment. 

The evidence you shall give to the Grand Jur.y on this bill of indictment, shall 
be the truth, the whole truth and nothing but the truth : So help you God. 

10. Oath of loitness before Grand Jitry on other matters than bills of Indictment. 

The evidence you shall give to the Grand Jury, touching the matter.^ of which 
you shall be questioned, shall be the trutli, the whole truth and nothing but the 
truth: So help you God. 

11. Proclamation calling Constables. 

Constables of the County of required to be in attendance at this 

Court ; answer to your names, every one of you, on the first call, and save your 
fines. 

12. Proclamation before calling Petit Jury. 

Hear ye, hear ye, hear ye : You good and lawful men, who are here return, 
ed, to try the several issues, to be tried at this Circuit Court of General Sessions, 
held in and for the County of , answer to your names at the first call , 

and save your fines. 



*Tlje lorm i>i evprv oaih ailmiiiisieied. may be varied, and instead of laying the risrlit iiand up- 
on toe Holy Evan.'elists. ;is is usual, tiie witness or juror mav hold \xi his rishi Iiand, or may ".if- 
Jirm •.iccorJiiig to the tor-n o' his relisions oersu i siou, &c.," Sec, 3, Stat., 381. A child of ten- 
der ve-.irs IS generally qneHtioned by theCouiias lo his undereiandinir ol the nature or imuor' 
of 111 o.-.lli. o.'lorc beiii>; rivvuiii. 



MANUAL. 255 



Forms, for use of Clerks. 



13. Proclamation for Imposing Fines. 

Hear ye, hear ye, hear yc : The Court have imposed a fine of dollars 

upon each of the following persons, for non attendance as grand-jurors, [or petit- 
jurora ; or, constables,] at this Court : A. B. C. D., of etc., etc. 

14. Proclamation for persons bound to answer. 

Hear ye. hear y». liear ye : A. B., come forth and answer to your names, 
and save yourself, and your bail, or you will forfeit your reiognizance. 

15. Proclamation for Bail to jyrudiKe P ri^ncipal. 

Hear ye, hear ye, hear ye: C. D. and E. F., bring forth A. B.. your principal, 
whom you have undertaking to have here this day, or you will forfeit your re- 
cognizance. 

16. ^ Proclamation, for persons to uppear onlic/'ot/nizanre. 

Hear ye, hear ye, hear ye ; All manner of persons who aic bound by recog^- 
nizance, to prosecute, or ]irefer any bill of indictment, ai;ainst any prisf)n(.'r or 
other person, let them come forth and prosecute, or they will forfeit their recogni- 
zance. 

17. *:E>tAY in ^ESSIOJt'8 JOIENAL. 

The following named persons are empannelled and duly sworn as a Grand Ju- 
ry, and the customary charge is delivered by the Judge, (or, if any extraordinary 
nu\tter be charged, "the following charge was delivered by the juesiding Judge," 
(inserting the same. ) 

If there be a deficiency in the number of Grand Jurors present, note the names 
of those in default ; and also of any wdio may be excused for cause shown ; and if 
the Sheriff is recjuired by the Court to summon from the bystanders peisons to 
fill the up the vacancies thus made, note the names of such new jurors. 

18. Bills given ant to Grand-Jury. 

The following Bills of Indictment were given out to the Grand Jury. 
The State v. A. B. Burglary, and Larceny. 
The State e. H. I. Grand Larceny. 
The State v. E. F. Murder. 
The Stater. 1. J., K. L., and M.P. Riot and As.sault. 

19. \ Findings of the Grand Jury. 

The Grand Jury returned bills as follows. 
Tlie State «. A. B. Burglary, and Larceny. 

A true bill. T. 0. B.. Foreman. 

The State r. II. I. Grand Larceny. 

A true bill. ' T. O. B., Foreman. 

The State v. E. F. Murder. 

A true bill. T. O. B., Foreman. 

The State v. M. P. Assault witli intent to kill, and assault and battery. 

A true bill as to the second Count : no bill as to the first. 

T. O. B., Fon man. 



•The present lense is usea i:i iJiukuig entries in tbe journals, as; "T4ie Clerli proceeds lo em- 
punuel the Jury, •who are sworn ;in<l ciarfteil." 



^56 MANUAL. 

Forms, for use of Clerks. 



The State v. J. K., find L. M. Burglary.; 
A true bill aa to J. K. No bill as to L. M. 

T. 0. B.. Foreman. 

20. Order for hrlnging up a priwiier, to testify. 
TTie State v. A. B. Murder. 

T. 8., rt witness in behalf of the State, bein<? in jail for want of recognizance 
with security, it is Ordered, that he be brought into Court, ,to testify before the 
Grand Jury. ( Signed by the Judge.) 

21. Additional Constables. 

The Court directs the Sheriff to have Constables in attendance upon the 

Court for this and the nexi days, and tht^ following are appointed and 

Bworn, viz: 

22. XEmpaiineUiiig of Petit Juries. 

The Grand Jury having retired to their room, the Clerk proceeds to erapannel 
the Petit Juries, and the following are constituted as Jury No. One, to wit : 
(here insert 12 names) and the following as Jury No. Two : (here insert 13 
names ) the following named remaining in attendance, as supernumeraries, (here 
insert supernumeraries. ) • 

23. Daily Adjournment. 

The Court, at o'clock M. adjourns until to-morraw at o'clock M 

( or takes a recess of hours.) 

24. Arraignment — plea of not guilty — clay assigned — or guilty, 

and prisoner remanded. 

The State v. A. B. Grand Larceny. 

The prisoner is put to the bar and arraigned, and upon his arraignment pleads 
* not guilty, and for trial ])uts himself upon God and his Country, and ( Tues- 
day ) next is assigned for his trial, or, *guilty. After an admonition by the 
Court, he persists in his confession of guilt, and the plea is entered on the indict- 
ment, signed by tlie prisoner, published by the Clerk, and ordered to be recorded. 
He is remanded for sentence. 

25. On Bail — arraignment — not guilty — put on Trial — cJiul- 

lenges — Ju.7-y — adjournment. 

The State v. A. B. Grand Larceny. 

The accused having been upon liail appears at the bar, and is arraigned ; pleads 
"not guilty," and for trial puts himself upon God and his Country ; expresses his 
readiness to come to trial immediately, and is put upon his trial. 

After divers challenges, the following jury is empaunelied, viz : 1st. L. M., Fore- 
man. 2nd. F. G., &c. This Jury is charged, and the trial proceeds. After some 
progress made, the Court adjourns until at o'clock. 

tvVhea t:ie Grand Jury letuin inio Court witli preseuiments, me clerk calls over the names^ 
(in the order in w/iicti ihey were oricinallv empanneilect, ) aiiu deuiands of the tbremnn in their 
presence. Bavt you any bills to prsccnt f The loreuian Ijands tlie bills to ihe Clerk, who reads tne 
jitle of each c:i9e. and what tiiB jury have wntieii upon the indictment. It is usual for jury to 
tt&snoBUl: but not found, or, not a true bill, is the form prescribed in books oi criminal law. 

Jlly the Act o( 1871. 14 btai.,6fl2, LheClerK is direct>-d in preparing tiie jury lists to arrange Uig 
aou.cs ol jurors :.lp..abelicaliy, "...e lirsi twi;lv3 oa the list to be called ilic first jury, &c. 



MANUAL. 257 

Forma, for use"' of Clerks. 



Oi;. Erideme— summing up, nnd charge of Court to Jury. 

^V^odnesday, oth February, 18 
The Cvjrt asr-emblcs pursii'.uit to adjournment. 

The State T». A. B., Grand Livrceny. 

Tiie evi<K'ni-e in this case boins? closed, and ar:i:unient submitted, his Honor 
the .Jad<jL- sums up, and the Jury retir.'s. 

T>. " Verdict of Jury — surrender by bail — commitment : or discharge. 

The State vs. A. B., Grand Lure Miy. 

The Jury returns the lonowing verdict. "■•■ Guilty, P. !»., Foreman. 
Ilis bail, i'c., having tsurrendered the defendant, it 13 Orderad, t'aat the said A. B. be 
.'■ominitted to clofce custody. ( Or, * Not guilty, P. R., Foreman. Whereupon it 
is ordered tJiat the defendant go thereof without a day.) 

Wnen a jurv has returneu ^vilh a verJiet. the Clork after c;iHiiii cna n.ira"= of tlis Jurors, asks, 
■"GenileiDHJ, jave you ujroed uco \ vour vsrJict ? '' Tlie foreman reulies, "Ye?," an.i hands up 
t iie recor.l. Tlie Cleric rend" llie title 01 tlie case, uma t!ie ver.lict. If t'lejiirv ba polled, any 
.Tutor beiiiir Cilled is seouia'eh- a-rved wLPtber lie a^ree^ to tUe verdict? Pollias a Jnrv is not 
tiie rii'it of anv partv in either a civil or a ciiaiinal c.ist-, but i^ in t'.ie uJs>a-stioa ot tlie Court. 
1 J\IcO., 24, 525; 1. B..il, 3. 

28. Wisdemeanor — changes injury — v.rdict. 

The State rs, E. F., Assault and Battery. 

Of Jury Xo. 1, L. 2.1., is excused from sitting, N. 0., being kin of defendant ia 
■challenged for cause on the part of the State, and P. Q. & R. S., supernumeraries 
nre substituted ; T. W. and A. C, are peremptorily challenged by the defendant, 
jind B. D. and C. E., drawn from the supernumeraries in their stead. The Jury 
then consi.sting of I. J. O., Foreman, &c , is charged with the tiial of the issue, and 
iifter hearing the evidence", return the following verdict — "Guilty," and the pris- 
■oner is remanded, or committed for sentence : Or '"Xot Guilty," and it is ordered, 
(as in Xo. 37.) that defendant go th< rcof without a day. 

2ii. torm of orraiiigincnt fur a.iy fchmy. 

'J'lie accused haviiis been ii^ucej in Ihj prisoner's U'lck, and silsiiee liavinx been commaPded 
by ite tiiieriir, IneClerk. liaviiir tlu iiK!ict:n.-ut ooiorc iiin. addresses ibe prisoner by tiia na.ne 
used for liiui in the indiutrue.it, [il he liave alias naaies each to be stated, and usea.] 

"A. B., if you answer to that name, hold up your right hand." {See note ho- 
low.) 

The prisoner haviiis raise! bisiiaiil. or otherwise signified liis acScno-rtlyiJ.sement o," the 
name. 

Clerk. — ^"Put down your hand. You stand indicted b\' the name ot A. B., for 
that you A. B., late of the County of, " 

Here read the >vhole indictment from "Counlv o'^'''' on vard, cianginsr it from the third to tiie 
i^econd person. Wiier^ tlie words and so the Jar on aforesaid do on their oaths say occur 10- 
\vards tue en ! of a cjunt, cnanze t!ie:n to •'■and no you are charged.'' at tlie i>ecini.ius of a second 
or ao > subseq lenc C3i;nt. inscead o.' the \v»rds, 'and the Jurors aforesaid do further present that 
As,' say "and you are further indicted for that jott."] 



]S</te. At this st.i£re the prisoner's counsel should intertere i' a v^e^ of misnomer, any other 
pleai'i abatement, or any special muter in bar. be co-itempL.t^d. Inquiry also should tli*n be 
mad.- i' the prisoner stan Is nuie, we her it be ex vlsi'a'.ion,? Od : or. ifit U • sacseste.l t.i it he is 
iiiiaiic. wnethjr he be non compos, iVc. 



258 MANUAL. 



Forms, for use of Clerks. 



The indictment liaving boeu thus read : 

Cleiik. — '"How say you A. B. — are you guilty of the (murder and) felony Avliere- 

of you stand indicted, or not guilty V 

(If t!ie prisoner should say ■'cuilty." afier admonition from the Court, bis plea of gnilty if 
perfisied in. ■vvil!, uiulsr the direction ol the Court, be eatsred on t;ic JournaI,iind the pusoner 
be ordered for se.iiencc.) 

Prisokek. — "Not guilty." 

Clerk. — "Culprit : How will you he tried?" 

Prisoxkr. — '-By God t\nd my Country." 

Clerk. — "God send vou a srood deliverance ! Are vou readv to come to trial?" 

. o . .^ 

(The prisoner's counsel ti en coniers wUL the Court, and a day in i.'je future U set for 11 e trial; 
or upon annunncinr liimseU reudi', the irltd ii immediately eutered upou.) 



30. Jurors offered and ehaUenged, or sworn. 



Clerk. — Ilavin: a list of all the Jnr.r^in aftpn;i:.nce, arr.in'^ed in tlieir orlt?r, (3 B.ul. 31.) t" 
wil, fir^i, Jiirv No. 1 ; second, Jarv No. 2; third, ttxi'osr numeraies, as ti-.ey were ci-iginully d; awn 
(the prisoner or nis couii«el ii;iving been ; revinislj furnished a li=t so prepared, ii askod lor^> 
and havin;r called k11 over so as to ascertain wUicli are ia attenJaucj, ad lress39 the prisonsr in 
tlie dock : * 

"A. B., prisoner at the har, these good and lawful men, whose names you will 
now hear called over, are the jury who are to pass between the State and you, up- 
on your trial for your life or your death ; {or for the fdony whereof you stand 
charged^ if you woakl challenge them or any of them, you must do so as each 
one comes to the book to be sworn, and before he is sworn." 

Tnc' Foreman of Juri' No. 1, beiiig calle.l by ine Clerk, and appearing : 

Clerk to tue Jc^I^Or. — "Lay your hand on the Book." 

Here a snort pause lor t:ie bolicicor to decile as to the Juror. He may direct any jaror to 
stand ;.sicle, and tae Juror iim-st do so, and cannot be a^aiii pre^entjd until nil the Jumrs in at- 
tenQa:iCfi have been prebet ted, when tiio Solicitor must show cau-^e of challenge it^ainst the 
Juror, or permi i the prisoner to accept him if he will. Tlie boiicicor caauot exercise his risht af 
cLallenKe alter a Juror has been accepted by a prisoner. 

Clerk to the Jdros. — ''Lo^k on th3 Prisoner." 

Clerk to tub PRisoi-jEii.^'Look on the Juror. What sa^- you ?" 

If a peremptory challen re bo maae, tie prisoner sjeilcinir for iiimseU, and not by counsel, says 
^I challenge him.'' If challenge for cause be intended, coansel are then heard. 

Prisoner.- — (If no challenge be made.) "Swear him." 

Clerk. — {Oath of the accepted Juror. ) You shall vvell and tinly try, and true de- 
liverance make between the State of South Carolina and the prisoner at the bar, 
whom you shall have in charge, and a true verdict give, according to the evidence. 
So help you God : ( And so oti- until twelve are swotu. ) f 

* The practice oi calling up Jurors m the order in which taey have beou iinpannelleci, has been 
ciianKed, or is not adhered to , but the names of all tae Jurors la aiteadaisce are cut in a box and 
I rawn out one by one, ov a c.iiM of ten 5 ears or ua.ler: 

tif the panel be exhi'ustca, and Jury incomplete, the Court wi'.l direct the Sheriff to hrinK iit 
from the bystanders a tufficisnl number of persons not legally cisqu.liljccj to act r.s Jurors, and 
tney wil; bo drawn, and challen2ed, cr s.\cra, until a Jury is toraied. 



MANUAL. 259 

Forms, for uss of Clerks. 



The twelve liavinx been sworn, r.nd a foreman aoooiiitod, the Clerk call;: over the names of the 
iWelve slowly : the tihetifl' in an uUilible voice, counlinsow*;, when the first Jnror answer's : two. 
wnen toe second answers, and so oil to <2««?t)ij, wlieu the Clerk answers, "and all sworn," ^i" 
lence ordered. 

If a jury I'e called to try any ifsiie of f.ict here mado, tiiey will oe sworn specially, to try and de. 
teiraine oetween the feuitc and the prisoner ;jt the bar, w liethcr, &c. 



31. Jiirii cluirgcd: 

Cleuk to TnE PRisoxr.n. — " A. "B.,pnso:inr attln' liar, lir)l.l r.p yourliaiid : put it 
down." 

Clehk to tiik Jury. — "Gfntl(Miipn of tlif -Tiiry, v.hi) liave bi'cu sworn, look up- 
on tlie pri.'^oner af the bar, and hoarkon to liis cliarn'e : A. B., now jirisoiier at tlie 
bar, stands indicted by the name of A. 3. for that ho A. B., late of the County of, 

[Recite the whole indictment from "that'' oii'.vard. Wiiers t'le ^vo^,ls '■■and so the jurors afore- 
said do on their oath mi/ '' occur towards the end of a Count, chanue them lo •andso he is 
<:harged;" ai the befrinuinsr of a second or any surspqnent Count, instead of the words "and the 
Jurors aforesaid do further present that he, " say, "and he stands further indicted that he "] 

"Upon tlds iudictment lie hath been arraigned, and upon his arraignment he 
hath pleaded not guilty, and for trial hath put himself upon God and his County, 
of which County yoit are ; so that your business is to inijuire whether the prisoner 
at the bar be guilty of the (murder) and felony ■whereof he stands itidicted, or not 
guilty. If you find him guilty, you shall say so ; if you find liiiu not guilty you 
shall siiy so, and no more. So hearken to the, evidence. 



32. Oat7t qfa witness on the trial of a felony. 

The evidence you shall give to the Court and Jury on this trial, now to be had be- 
t%veen the State of South Carolina and the prisoiier at the bar, shall be the truth, 
the whole truth, and nothing but the truth : So helj) you God, 

33. Verdict rendered and recorded. 

The Jury bavins returned into Court, the rrtsoner being la tue dock, the Clerk calls over ti:e 
iiames slowly.— the Sheriff countins as in No. 30. 

Clerk to the Jury. — ^'Gentlemen o? the Jury have you agreed upon your ver- 
dict ?" 

The Foreman answering '• Tes " and handinfrt'je record to the Clerk, the Clern reads tlie title 
ci' the case. 

The State, J 

1'x. - Indictment. (Murder, or other felony.) 

A. B., ) 

(■Jlien the tcrdirt. ) "We find, &c. Foreman." 

Clerk to the Jury — That is your verdict, and so say y.- all." 

It no contradiction be made tne verdict is recjrdcd. 

34. Proccedinrjx when j^ri^^oncr is called for sentence. 

Clerk. — "A. B., hold up your hand : put it down. You have been indicted by the 
name of A. B., for that. [Here recite the indictment as upon the arraignment, 
(No. 29,) saying, "r/uu hare been charged" instead of, "you are charged:," aud ^'tfou 



« 



260 MANUAL. 



Forms, for the use of Clerks. 



• 



haw been firrthcr indirtcd" instsad of, "you are farther indt'rtnl."} You were up- 
on this inilii-tiuunt arraigned, and uijon yonr arraiguiucnt did plead not guilty, and 
for your trial did i)ur yourself upon God and your Country, which Cbunty hath 
found you i>iiilty of murder, (manslaaglxter.) What have you now io say why sen- 
tence of death should not he ])assed upon you T 

* Tie prisoner pravPbei.eCc or Clsrgv, if entiiloJ to it, or pl-nds other niattRr whirb mar 
nrrest ti-e judsTient, as notice of acpeil (if i.e be piu dius topleaU it;) porhuj.a pardon. See 
biroo. 35U. 

S5. lit the CouH of A^jjurr/s. 

(As ill JVo. 34 to * ) "then did find you g-uilty (of mausluughter.) You did then 
appeal to this Court, and suhmit here a motion {or motions) for new trial, (and. in 
arrest of judgment.) Your motions, after patient hearing and careful considera- 
tion, have been dismissed. What have you now to say, wliy sentence- of death 
should 'not be passed upon you?" 

8G. When judgment of death hag- heenlefore pronvanced vyon a prisoner , and he- 
is called upon to nhoic cause wJiy a neic day for execution should not be assigned. 

ClE!!K. — "A, B., hold up your hand: Put it down. Ycju were heretofore indict- 
ed for that you," (read the indictment as in No. 35),) "upon that iiirlictment,. (by 
the plea of guilty, you were convicted : o/",) having p\it yourself upoii God and 
your Country, you were convicted (of manslaughter:) upon that couvictioii youj 
w^re solemnly demanded to sliow cause,, if any you had, whv sentence o-f death 
shoulcL not be passed upon you ; and no sufficient cause to the contrary having 
been shown, the iudgment of the law was pronounced, that you should be liaivgeti 
by the neck until your body be dead. What, have you now to say, why the Court; 
should not proceed to award execution against you on the said judgment?" 

Here .1 lie prisoner niav pletcl a pardon, im'.Hl may be allowed r or the Solicitor may counter- 
plead a brecicV. o' some cchilM::©!! in tl.e.p iiKion,. wnich the prisoner ni:i.v admit or dr-nv. Or^if 
tic prisoner Las ben out of lustodi' si;;c8 the jiitsinent^ lie nia.y allege tliatlie is noi t.ie persou 
against whom tlie seiiteuca was pronounce.l lus.initv uiuy here a;.iiu tje suiiSuSted- Aciy collat- 
eral issue of fact is (o betiisd by a jar/ sworn sueciailv as in No. 30. 

Tiie Clerk mast be very ctiretul in t!ie entries. 

37. In case of a iroman ^ after jadgnunt. 

Clekic. — A. B., hold up your hand. Put it down* What caTi you say for 
yourself in stay of the execution of the jiidg>neiit which hath been given against 
you ?" 

If sentence las uot>been pronounced immediately before; intniduce directly af. 
ter the ""above, "You were heretofore for that &c." [as in 2io. 36 down to 'i>ead'.J 

38. TJie Fore-matron's Oath.. 

You as Fore matron of this Jtiry, do swear, that you will search and tiy the- 
prisoner at the bar, whetlier she be with child of a quick cliild..and thereof a true 
verdict give according to your skill and understanding. So heljj yoiir God : 

II ilie Solicitur biiould intend to resist tue p.'ea o! Clergy, on account of a furiaer urant of 
ihe benefit, prior to the cornmi<==!*n of ths leionv of wiich tlieprisonfir rj now e-in-^-icieJ. he 
p;;oulil have procured a certificate of the foruirr pi-fsceeain^rsaiid eonvrction froJi the Clerk of t'le- 
<..'ountv where the/ -NYere had : (if they \veie not i ""i in ttiis Conivtjr iv lere the OK-i^inals niav be 
ill Ci)urt,) and =houkl nave prepared a regular counter pi e»', «) waich the prisoner siioald an'' 
K«er. If. however, all the pleadings be oi'e tenus. great cars on die part of the Clerk is necessary 
iiiiiiakiu.' t lie 1)1-0 per eniries in tiic.Iournal, for no otwe.r record i% mideup vn tl.is tjtate. 



MANUAL. 261 



Forms, for use of Clerks. 



39. The rest of Ou same Jury ; on:' hy one. 

The sanieoath your Fure-Ji)atroii hatli taken on Lor part, you shall well and truly 
observe and kn'p on your ])ait: So lit-Ip you (Jod. 

40. Oath of an officer to keep the Jury — of Matrons. 

You swear that you will keep the Jurors sworn of this Jury in the room appoint- 
ed for tliem,(()?' iu some (juiet convenient place,) without meat, drink or fire, (water 
aiisd caudle-lifl-lit only excepted,) until they shall have a<,a-ced on their verdict, or 
you sliall have been otherwirie ordered by tlie Court; thaty<ni will sufler no per- 
son (but the prisoner) to si^ak to them, nor any of them without leave of the 
Court, nor speak to tlicm or any of tliem 3'ourself without such leave, except your- 
self to ask whetln'r they liave agreed upon their verdict; _ Bo he]]) you HoA. 

4i. Verdict of the Jvry of Matrons. 

We find that A. B. is {or, is not) pregnant with quick child. Forematron 

If the verdict be that she is preKa;\ut. a rep'ive until t le nest teriTi is o^ course crra!itt;d ; aiid 
t!ie who e procjeJiiiSi* are cireiuily euiered oy i le Cieik. At tiis next term sheisag.iu pre- 
Sfftnteu. ^ee 1. Cii. Ci . Law. 7C0. 

42. Demand irhy not judgment, {ace Xo. 34), Prays benefit of Clergy — allowed. 

Tlie State vs. C. D., Grand Larceny. 

It heing solemnly demanded of the prisoner if he hath anything to say why the 
Court should not proceed to judgment and execution against him, he prayelhjhat 
the benefit of clergy may be allowed to him — *and it is allowed : Whereupon it 
is considered by Tlie Court he,Te, that the s.iid C. D. be imprisoned fi)r 
months, &c. 

43. Counter plea filed — Judgment prayed. 

Bat {As in No. 42, «o— *)Esquire, the Solicitor in behalf of the State, filed a counter 
plea stating that he, tht; ssid C. D. was not entitled to the benefit of Clergy, became 
at &c., lie was indicted for that : Thej-cupon he was con- 

visited, and prayed that the beueiit o*' Clergy might bo allowed to liim, and the 
same was allowed accordingly, and it was considered by the Court last mentioned 
that he, the said C. D., should be im])nsoned, &c., and that tlu^aid C. D., who 
stands convicted of Grand Larceny at the Court of General sBsions now here 
Lolden, is the same person who was convicted of manslaughter at' &c., o n 

&.C., as aforesaid, and not another, and different person : whereupon since the 
said C. D., has already been admitted to his Clergy, the said , E squire, for 
the State prayeth the judgment of the Court here, and that the said C. D., may re- 
ceive judgment to die according to law. 1- 

44. Lisp,'cti>n: Certificate: n7d;nial: Sentence of death. 

{As in No. 43 to f) And by the inspection of the record, [or, hy the certificato 
of D. H., Clerk of the Court of Gener il Sessions and Common Pleas for the Coun- 
* bee 6. Stai., 4S9,.50S.— 11, St.i.t, 341, and 9, Ric 1., 422. 



262 MANUAL. 

Forms, for use of Clerks. 



ty of , whore tlio record of conviction set forth in said counter plea is kept,] 

it apprars that the said C. D., was convicted and did receive the benefit of Clergy 
as set forih in tlie said counter plea, and that he is the same person, and this he 
the said (". D. d )es not deny ; therefore, it is considered that the benefit of Clercry 
be not allowf ;1 to the sd.id C. I), : hat that he be taken hence, &c. (As in No. 47.) 

45. Answer to counter plea. Identity denied. Jury ordered. Changes of Jury. 
Verdict. Clerqu denied. Sentence. 

(As in No. 43 to — |) To this counter i)h'a the ])risoner pleads nul tiel O'ecord, 
and denies that he is the person named in the said counter ]ilea,and for the State 
the Solicitor aforesaid joins is.^ue thereupon. Whereu])on for the trial of the said 
issue, a Jury is ordered. Of Jury No, 3, E. T. and M. K., are challeng-ed for cause 
In- the State ; A. C. and Q. T. challenged for cause by tlie prisoner, and 0. H. and 
F. 1). challenged peremptorily by tlie ])risoner, and a jury is formed consisting of 
L. M. &c., who having been sworn to render the truth concerning the matter in is- 
sue, and having heard the said record of conviction, {or, the said certificate of said 
conviction,) and the testimony of witnesses in o])en Court, do say upon their oaths 
that the prisoner is the same identical C. D., in the said record and conviction {or, 
in the said certificate of conviction,) named, who on, &c., at, kc, was convicted of 
and then and there received the benefit of Clergy, as in the said counter 
plea is alleged. Therefore, it is considered that the benefit of Clergy be not al- 
lowed to the said C D , but that he be taken &c. {As in No. 47,.) 

40. Oath of Juror on trial of Identity. 

You shall wA\ and truly try (whether the prisoner at the bar was convicted of 
at in this State, on : and, whether he is the same person who 

then and there was tried and convicted, and received the benefit of Clergy ;) and a 
true verdict give according to the evidence. So help yoa God. 

Varying the matter bet Vvcen tlie brackets, tiie same roriu of oa',h will serve for the trial of 
any fiict col'aterally pr.'senteJ. 



47. Demand why sentence of death should not he passed. Nothing said— judg- 
ment to he hanged — jmsoner remanded. 

The State vs. A. B. Murder. 

It being solemnly demanded of the prisoner at tlie bar, if he hath anytliing to 
say why sentence ot death should not be passed upon him, he saith nothing fui- 
ther, unless a slA had before said. Wherefore it is considered by the Court, (and 
pronounced as ^re judgment of the law,) that the said A. B., be taken hence to the 
])lacc whence last he came, there to be licptiu close and safe custody until Friday 
the da\- of next ; and that on that said Friday, between the hours of 

ten in the forenoon and two in tiic afternoon, he be taken to the ])lace of public 
execution in this ('ounty, and there be hanged by the neck until his body be dead. 
And may God have mercy on his soul. 

The prl.'^oncr is remanded for execution. 

Knt:i>>? w/K-ii a 1 ii-=on'r is nroiis'it ap to roc?ive nwnid o.'' < x.t ulion, 07 ast>i?nin?iit of I'cw 
ray. \vhcr« Hfuierce of deaih has before been pasFct' i;roii 1 im, bul not b h-ii txt?culDi.l at the 
tiiLe ;ip/)uii)te-', (jee TSi. SG) 



MANUAL, 263 



Forms, for use of Ch.rks. 



4S. Recital of Conviction andjudjnient. Solemn demand. 

The State vs. A. B. Murd<T. 

TIio prisoner having ('M ii is said, ) boon convicted at term 

of tliis Court of murder, and sentence of death having been passed upon him, {as 
it is said, if ) is now by ilie Sheriit (under tlie warrant of ) ))ut to tlie 

l)ar, and it being- solemnly demanded of him if he hath any thing to say why the 
Court, should not proceed to award execution of th(\iiulgnient l)efore pronounced 
against him. * [Se'! Kos. 3o, 47.) 

Ir.sert \' tl.ft quusUon of ule^.tity be foanJ in fav' r of pri.so.^cr. 

49. Award of Execution. 

(As in Xo. 48 to — * ) saith nothing. Therefore, it is considered, that execution 
be done upon the said xV. B. the prisoner, according to the said judgment: and 
that lie be taken hence to (the place whence last he ciiine, ) [the common jail of 
this County, ] there to he kept in close and safe custody with, &c. ( As in sentence 
of death No. 47 ). 

'i>0. Identity dcnird — issue joined. 

(As in No. 48 to — * ) Saith that he is not the person named in the record of con. 
viction, and the judgment pronounced at term as aforesaid ; and in bo- 

iialf of the State, the Solicitor saith that he is the identical same person so named 
in the said record ; and issue is joined thereupon. Wherefore for the trial of the 
said issue, &c. {As in No, 45, leaving out lohat relates to the benefit of Clergy). 

rA. Pardon pleaded. 

{As in No. 48 to — * ). Saith that he hath been pardoned of the said (murder and) 
felony whereof he was convicted and sentenced as aforesaid, and produces the 
pardon of his Excellency Governor of the State ; dated 

and under the seal of the State:— f 

^ji. Pardon allowed — discharged. 

{As in No. 51 to — f ). AVhereupoii all and singular the ])remises being seen and 
liy the Court here understood, it is considered that the said A. B. be discharged 
and go thereof witliout a day. 

oS. Condition of Pardon : Imprisonment, then Discharge. 

{As in No. 51 to — f ). JIatle upon condition that he be imprisoned, &c. Where- 
upou it is considered that tlie said A. B. be imprisoned, &c., and afterwards go 
thereof without a day. 

51. Replicatiin — C)nditijn ; hr)kvi — to i-'d of E.t}ciiti>n prciyed. 

{As in No. ~A to — f ). Bat Esquire, the Solicitor in behalf of the 

State, saith that the said pardon was granted upon a condition inserted therein, 

liaoai-tlnii be proJuceu in Coari, ic SiioulJ be kept byth^ Clerk, and filed as a oart of the 
recui-il in tiieciiiJa. I; a Danioa be Dfodiiced to a b.'ieriff, ii is in tha nature oi asvpersideaa awtX 
sou.timss di' .1 p.-jcept, an i slioairt bs k«o'. ay Lira is his w iri^nt for doing wliat it directs, ui.d 
be i'eiui-:i?a to t le C.i-t.i to be filed, as fie Sr.erifl''s return of the rer.sou '.vl.y txic order oi tl.e 
Cou.-t v.a» !!• t oDi'i t'd. 



264 MANUAL. 



Fonns, for usu of C'ierks. 



tliat tlic siiid A. B. should, within two months fn>ni the date of th:- said pardon, de- 
part from the luiiits of this State, and not return to the same afterwards ; and tliat, 
in viohition ol the said condition, the ^aiH A. B. havina,- departed from tlie limits 
of this State, did afterwards, to wit, on the dav of at 

return to the paid State, and was witliiu tlu; limits thereof: Whereup- 
on the said Esq uiif, prayjth award of execution, that the said A. B. 
may die according to the judgment of the law pronounced against liim, as afore- 
said. — f 

55. JVo Denial — Execution awarded. 

{As in. JVo. 54 to — f ). And tliis the said A. I), cannot deny. Wliereupon it is 
considered that execution be done upon the said A. B., the ))risoner, according to 
the judgment aforesaid; and that he lie taken, &c. («.v in JVo. 47.) 

50. Breach denied. l!<sue. 

(As in. J^o. 54 to— f ). And to this the said A. E. saith he did not violate the 
condition of the pardon aforesaid, in manner and form as the Solicitor hath al- 
leged, and prays that inquiry thereof may be had by the County. And the said 
Esquire, S:)lioitor doth so likewise. Wherefore, for trial of the is- 
sue thus joined, a Jury is ordered, {and so on, as in No. 45, varying to suit the case). 



57. Order after eonrirtion in Bastardy. 

The State, vs. C. D. Bastardy. 

The defendant C. D. having been by tlie verdict of a Jury convicted of being 
the father of a ( male ) bastard child, begotten on tlie body of E. P. ( spinster) and 
born day : It is ordered, that the said C. D 

do enter into recognizance for the maintenance of the said child, as required by 
law, on or before next ; and tluit failing therein be be lia- 

ble to execution according to law. 

( Signed by the Jtnlg:-. ) 

58. Recognizance for the maintenance of a Bastard Child. 

Pa.vablp to tlie Sinie by O. D., (the father of the chjld,) and two cooil and saflicionf suretlps. 
Penalty ^300 eiich. 

Recital. — [Whereas, at a late term of the Court of General Sessions for 
County, the said -C. D., was convicted of] being the father of a (male) bustard 
child, hegottcn on the body of E. F. (spinster) and born on the day of 

Condition. — Now the condition of this Recngnizaiice is such, that if the said 
C. D. .shall annual'y pay twcnt3'-five dollars for the maintenance of the bastard 
cliild aforesaid, until it attains the age of twelve years, and shall save harmless 
the County aforesaid, then this Recognizance to be void and of none effect ; other- 
wise to remai.n in full force and virtue. 

If the recocniz.ince shall have been a'iveii before conviction, in tae rtcit.il, instsad of w an is 
iiic'osed in urai'kets. say : 

" Wliereas, the said C. T)., has 1 een cliatged viitli." 



MANUAL. 265 



Foimg, for u.-=o of Clerks. 



59. FL Fa., after failure <f a defendant convicted of Bantardy to enter into 

Recognizance. 

TuE State of South Carov-tna, / 

Couuty. ) The tState of t-i.j)itk Carolina. 

To all and pingulur the Sheriffs of the said State, greeting : 
Whereas, at a Court of General Sessions, lately held lor the County aforesaid, C. D. 
was convicted of being the father of a (nia]e)bastard diild, b^>gotten ou the body 
of E. F. (sj inster) and born on the day of ; ind the s\id C. D. having 

failed to enter into recognizance a^ recjuircid, is by the order of the Court aforesaid 
liable to execution : 

You and each of you are, therefore, hereby commanded without delay, to 
levy of the goods and chattels, houses, (itc.) of the said C. D., the sum of three 
hundred dollars which he has been adjudged to pay for the maintenance of the 
t^aid child, and also the sum of dollars, for the costs and charges which have 

accrued on the prosecution of the said C D. for the matter aforementioned. And 
have you the said money's, together witli this writ, before the Clerk of the said 
Court, according to law. 

Witness, H. J., Clerk of the said Court, at, &c. 

(seal of Court.) 

60. Iiulorsement on the execution. 

"Wlien the defendant has satisfied the costs, and paid the instalment of twenty- 
five dollars which next falls due, this execution shall be stayed until another in- 
stalment falls due, and so on annually ; the instalment being twenty-five dollars, 
payable annually on the birth-day of the child, until it attains the age of twelve 
years, to wit : on the day of 18 

II. J., C. C. P." 

CERTIFICATE OF COAYICTION. 

61. Certificate of conviction, (/ranted by Clerk to exclude a felon from the benefit of 

Clergy. ( See. 11 Stat., 77.) 

The State of South Caroltxa, } To the Honorable the Court of General 

County. \ Sessions for County. 

These are to certify : That at a Court of General Sessions begun to be holden, 
&c., and thence continued, (tc., A. B. was indicted for that {copying in. 

dictment:) npon this indictment he was on day in the said Court arraign- 

ed, and for trial put himself upon God and his County ; and afterwards on 
day in the said Court he was convicted of the said felony ; the Jury having re. 
turned the following verdict : We find, &c., and on day in the said Court 

he was put to the bar, and it being solemnly demanded of him to say why the 
judgment of the LaAv should not be jMonounced against him, he prayed the bene- 
fit of his Clergy, and it was allowed : all which ajjpears by the record remaining 
in my ollice. 

In witness whereof, I have hereunto set my hand and 5:eal of office, this 
day, &c. 

[Seal.] il. .I.,Cliri<.(;. S. 



266 MANUAL. 



Forms, for use of Clerks. 



62. Form of Common Rules, signed by Jiulrje, on motion of Solicilor. 

In THE Ge^uckai, Sksstoiss, ) 

County. ^ (Februury) Term 18 

On motion of the Solicitor, it is ordered. 

-1. That all recognizances which have not been specially discharged, be continued 
over to the next term. 

2. That bench-warrants issue against all persons against wlioni bills of indict- 
Tiient have been found at this, or any former term, and who have not yet been 
boiaud over to answer the same ; and against all persons who have been convict- 
.ed at this, or aju former term, and have not appeared to receive judgment. And 
if any of the said persons have removed from, or are without the limits of this 
County, that the bench -Avarrants against them, or any of tliem be forwarded by 
the Clerk to the Sheriff of any and every County in this State, in wliich such per- 
sons, or any of them, respectively reside, or may be found. 

3. That scire facias issue against all persons who have been boundover to prose- 
cute, or to answer, or to give evidence, and who have not appeared, pursuant to 
the condition of their respective recognizances ; and also against all persons who 
have been summoned to attend Court as Grand or Petit Jurors, and who have not 
attended, or been excused. 

4. That process of execution issue against all jjersons who at this, oranj' former 
term, have been fined, and have not paid their fines ; or vvho have been convicted, 
orplead-ed guilty, and havejiot paid the fees and costs, taxed and due upon their 
respective prosecutiojis. 

5. That the Clerk issue process to bind over all witnesses, who have not been 
bound over, not only in prosecutions already returned to this ('ourt, and not final- 
ly disposed of, but also in all prosecutions wliich may be returned into his office 
by competent authority before the next term. 

63. The Sessions Journal sliould also contain : 

Every order made on any presentment of the. Grand Ju^y, copied from the orig- 
inal v.riting ; or taken down as it is pronounced. 

Any order for a ropy of an indictment to be iurnislied to a defendant, on liis 
trial, or after his final discharge from a prosecution for felony ; and every other 
order relating to the business in the Sessions, which may be signed by the Judge. 

Every entry (which disposes of a matter on the docket,) made by the Judge on 
either the Sessions or Contingent Docket, whicli is not reduced to a special order 
and signed. 

All orders of Estreat, and fines imposed, for contempt of Court or otherwise — * 

6-4. Oulli I if the Petit Jury charged irilh the trial of ei misdemeanor in the Sessions. 

You shall wtdi and truly try the issue joined in this case, the State against F. 
H. for , and a true verdict give according to the evidence. 

* Tiie inip>ir;anC8 ol niinuteand csrelul entries (exact as well as careful) cannot be over esti- 
ni«ied; a 'act wliicii tiin baeu ^lUv apprecimed by Conrti in most of the nortlieru States, a? is 
evidenced by their employ!i)i>n; orofficiil steiojCiapiors ; t wo Circuits beinu' also siniihuls pro- 
vit'.ed in our uwii Siiite. 



MANUAL. 267 



Fonus, for use of Clerks. 



The Jurors may be swcrn, riirce at a time, tlieir na-rea beinsr called as each l»v8 his hand on 
the i;ooK. It is important imt onlv in tiie case of ihe Or md Jury, but with Petir, Juries, th»t 
a!;or any recec-i. or uujoariimeul. leivins a Cise uufiiiisi.ed, tne memberiof the Jury should re- 
fcume iheiMei.iical sc.Us vacated by Uiein. 

iFMip is supposed tu be joinei la every case v.ut upon trial, even though a defendant do not 

attend. 

Go- Oath of a witness on the trial of a iimdemeanor in the Sessions. 

The evidence that you ^liall give the Court i\iul Jiir^' in this case, the State 
a"-uinst F. II. for , shall be the truth, the whole truth iuidu(jthing but the 

truth. Ko help you God. 

06. Oath on ihe Voire Dire. 

You shall trui; answer nuike to such (luestious as shall be juit to you, touching 
your iuterest iu the event of this cause. So help you God. 

67. Oath of a Constable on retiring with a Jury, or Jurors, on leave. 

You shall retire with such Jurors as have leave of absence from this Court ; you 
shall not speak to them yourself in relation to this trial, nor suffer any person to 
epeak to them ; and you shall return with them without delay. So help you 
God. 

(58. Oath of Constables to keep Jury on an Adjournment. 

You shall retire with the Jury to some convenient room, to be furnished by the 
Sheriff ; you .sliall not spi^ak to them yourself, nor suffer any other person to 
speak to them in relation to tliis trial, and you shall return with them at the order 
of the Court. So help you God. 

G9. Oath of Constables icJto attend the Jury, iche?i they retire to consider their 

verdict. 

You shall well and truly keep every person sworn .of this Jury, in some private 
and convenient ])lacc, without meat or drink, water excepted ; you shall not suffer 
any person to sjieak to t-liem, n')r speak to them yourself, without leave of the 
Court, except it be to ask them whetlier they have agreed u])on their verdict, un- 
til they have agreed on their verdict. So help you God. 

70. Oath of an Interpreter. 

You shall truly iuteri^ret between tlu' Court, the Jury, the Counsel and the wit- 
ness E. F., in the issue joined iietween A. B. plaintiff, and Y. Z. defendant. So 
help you God. 

71. Oath of an Interpreter to a Deaf and Dumb witness. 

You shall well and truly interpret between the Court, the Jury, the Counsel 
and the witness, E. F., here i)roduc(d in behalf of A. B. in this issue joined be- 
tween A. B. plaintiff, and Y. Z. drfeiidinit. So liel]) you God. 



268 MANUAL. 



Forms, for use of Clerks. 



73. Oath of a Trier on a challenge to thcfaeor. 

You shall well and truly try and lind wlietlur M. N., the juror cliallonged, 
stands indifferent botvvei-n the Peoi)le of the State of South Curolina, and the i)ri- 
souer at tlie bar. So help you Qocl. 

73. Oath of a icitiicss htforc the Triers. 

You shall true answers make to such euestions as sh;J] he i)ut to you, touching 
the challenge of M ^N., as a juror. So lielj. you G(k1. 

74. Findiinj of the Triers. 

The finding is, tliat Jl. X. stands inditTerent, {or, not indifferent.) 

7o. Proelamation for Discharge. 

Hear ye, hear ye, hear ye : No cause being f?hown why T. F. should longer re- 
main in custody of the Sheriff of the County of , he is dis" 

cliarged. 

76. Proclamatlo)t for discharge of persons against irhom no Bills are found. 

Hear ye, heiir ye, hear ye ; If any man can show cause win' A. B. should stand 
longer bound [or iyn2)risoned~\, let him come forth, aud he shall be heard, for said 
A. B., stands upon his distdiarge. 



77. Constitutional Oath. 

To be taken by every person electe'l or aoBointed to anv office of trust or proQt in t'.iis Siats, 
be.'ore entering upon tiie (luties oibis office. — * 

* Trial Justices aud nearlv all o'lier County officers are required to take the necesssrv oat'is 
before the Clerii. Thay are also required to qu^.iiy wuhin tliirty (las id'ier notice ot election or 
apiwintment. 

I, H. J., do solemnly swear that I am duly qualified, according to the 

Constitution of the United States, and of this State, to exercise the duties of the 
office of to which I have been elected ; (or, appointed,) and 

that I will faithfully discharge to the best of my abilites, i\\» duties th.ereof ; that 
I recogniz.-^ the supremacy of the Constitution and the laws of the United States 
over the Constitution and lav.-s of any State ; and that I will support, protect and 
defend the Constitution of the United States, and the Constitution of South Caro- 
lina, as ratified by the people on the sixteenth day of April 1868 : So help me 
God. 

78. Oath ((gainst Gaming. 

To betakpn bv everv Siierill', Dcputv Sberit!', Coroner, Deputy Coroner. Trial Justice and Pro- 
bate Judee, befoie ne Miall be qunlifled to act in liis office, fcce. 6, Sta'., 27. 

1 funiur swear, that I will enforce, and to the extent of my i)ower and ability 
carry into effect, the Act of the General Assembly, passed in 1816, entitled "An 
Act the more effectually to prevent tlie pernicious practice of gaming, " and in 
all cases will bring to justice violators of the same, whenever such violations shall 
come within my view and knowledge : So help me God. 



MANUAL. 269 

Forms, for use of Clerks. 



79. Additional Oath to be taken by e-ccry County Officer before entering npon the 

duties of his Office. 

I, do swear, (or aiHrm, as the care may oe,) \\\vd I am under no 

promise, in honor or law, to sliare the profits of the oliice to wliich 1 havt; been 
elected (or appointed,) and I will not directly or indirectly .sell or dispose of said 
ofBce, or the profits thereof ; but will resi<;ii, or continue to discharge the duties 
thereof during the jieriod fixed by Jaw, if I so loni"- live : So help ])ie God. 

Iq the Cise otine ri^eiiilaiid the Olerk, the riquisite oaf.is are to Oa endorse J on their respec- 
tive C^ouiniissioiis ; tho.se oMiie Citi'ji l)ei!iK taken and suDscribsd in tlia prjaeiice olt-voTriil 
Justices. See ijen. Sue., 115, Itl,— 6, Stat., 27,— 15, bt.it., 09. 



^'0. Writ of Venire Facias, for Petit Jury. 

The State of Soutu C.vkomna, ] 

County. ji' The State of South Carolina : 

To the Sheriff of County, Greeting : 

You are lier.by strictly required and commanded to serve upon 
Esquire, Jury Commissioner of said County, this writ of venire requiring him the 
said Jury Commissioner, to draw and annex to the pan- 

)iel of this writ the names of good and lawful men, whom 

you shall immediately thereafter summon to be and appear before the Court of 
General Sessions and Common Pleas for the County aforesaid, to be holden at 

on next, at 10 o'clock in the forenoon, 

to serve as * Petit Jurors. Herein fail not, or pain of the penalties that will fall 
thereon. 

Witness H. J. Esq., Clerk of the said Court at this 

day of Anno Domini eighteen hundred and and in the 

year of the Independence of the Uiiited States of America, 

(Seal of Court.) H. J., C. G. S. and C. F. 

*Gi-ana Jurors are now drawn to servs at the first Court to be liela in eacli year, and are required 
to aiteno at eac.i of il;e regular terms durins the \ear, without further summons. Jurors arawn 
10 serve during one year or at any term he'd wituiu the sanre, ard exempt iVoin such service dur- 
ing; the succ^';C.iue year. See 14, iijtat., 437. 

81. Special Writ of Venire, in term time. 

The State of South Carolina, ) 

County. )" The State of South Caralina, 

To the Sheriff of County, Greeting : 

You are hereby stiictly required and commanded to summon A. B., C D., E. F., 
G. H., I. J., and K. L. six good and lawful men, to be and api>ear immediately be- 
fore the Court of General Seasions and Common Pleas, now here held, for the said 
County, to serve as Grand, [or PetitJ Jurors in the place and stead of M. X., O. 
P., Q. R., S. T., U. V. and X. Y. wh;) have heretofore been summoned, but have 
made default {or, who have been escus d, by the Court.) 

Herein fail not, &c. 

Witness. II. J., E^^q., Clerk &r. 

( Seal of Court.) II. J., C. G. S. .<:; C. P. 



270 MANUAL. 

Forms, for iiai- of Clerks. 



83. Scire Facias o(/ainst a drfavlting Juror. 

State ok South Carolina, ) 

County. )" T/w , State of So>it7i Carolina. 

To all and singular the Sheriils of the said State : 
You and each of you, are hereby commanded to summon E. F., to sliow cause 
by affidavit at 10 o'clock, on the first day of tlie next Term of the Court of General 
Sessions and Common Pleas, for County, to holden at 

on next, why he should not be fined according to Jaw, for 

failing to attend at Term of the Court aforesaid,- and render service 

as Grand, (or Petit) Juror, according to tlie summons lieretofore served upon him. 

Witness Es(|., Clerk of said Court, at 

&c. 

[Seal of Coart.] H. J., C. G. S. and C. P.- 

83. Fi. Fa. for fine imposed iipon a defaulting Juror. 

The State of South Carolina, \ 

County. ji" TJie State of South Carolina. 

To all and singular the Sheriffs of the said- State, Greeting : i'ou and each of 
you, are hereby required to levy of the goods and chattels, houses, lands, tene- 
ments and real estates of E. F., the sum of which, at a Court 
of General Sessions and Common Pleas, held for the County aforesaid, at 

on was, after due proceedings liad thereon, by the judg- 

ment of the said Court imposed upon the sidd E. F., as a fine for his default in not 
attending the said Court as a Grand, {or Petit ) Juror at Term. A. D. 

18 , after having been duly summoned; and also the sum of for 

the costs and charges of the proceedings aforesaid — all of wiiich appears by the 
record thereof remaining in tlie said Court. 

And have you the said moneys, together with this writ, before the Clerk of thy 
said Court according to law. 

Witness H. J., E.h(i., Clerk, &c. 
(Seal of Court.) 

84. Sei. Fa. upon Recognizance. 

TnE State of South Carolina. } 

County. j' The State of South Cardlina : 

To all and singular the Sherilfs of the said State, Greeting : 

Whereas. A. B.. C. .D and T. O. lately entered into Recognizance, to wit : A, B, 
in the penal sum of one tltousand dollars, and C. D. and T. .0 each in the penal 
Bum of five hundred dollars, conditioned that the said A. B. would appear at the 
Court of Qeuei-al Sessions, for the County of at 

term 18 , to testify in behalf of the State, (or,to prosecute, or, to answer to 
II bill of indictment, or, to receive sentence, &c.,) in a certain ])rosecntion, had 
against for (murder, assault, &C|, ) and not to depart without leave 

of the said Court, which said "Recognizance has not been discharged ; and now, 
said llecognizance having become forfeited, for that the said A. B. has failed to ap- 
pear, as therein he wa^^ bound to do, at the Term of the said Court, 
in the year 18 . These are, therefore, to command you, in the name of the 
State, that you summon the said A. B., C. D. and T. O., personally to be and ap- 
pear before t'.ie C )urt of G^'iiyral Sessions, to Ije holden on the dav of 



Solicitor. 



MANUAL. 271 

Forms, for use of Clerks. 



lU'Xt, at for the County of to show 

caiipe, if any they have, why the said Itecof;iiizante should not be estreated, and 
adjudged to be forfeited ; judgment to be confii-med and execution issued against 
them, pursuant to the Act of the General Assembly, in that case made and i)rovid- 
ed. And have you this writ b^-fore the Clerk of the said Court, fifteen days next 
bL'fore the sitting thereof. 

\'.'itness E-q., Clerk of the said Court, at the 

day of in the year of our Lord <me thousand eight hundred and 

and of the IiiJt peudence of the United States of America, the 

(Seal of Court. > Solicitor. 

See 5, Stat., 13, 11, Stat., 75. 

85. Fi. Fa. upon judgment confirmed 07i Recogrdzancc. 

TuK State of South Caroi.ik.v. ) 

County. f The State of South Carolina : 

To all and singular the Slierif][s of the said State, Greeting : 

Whereas, a Recognii:ance lately entered into by A. B., C. D, and T. 0., for the 
appearance of A. B. at the Court of General Sessions, for County, 

as (a witness, or, prosecutor, or, a i^urty defendant,) in a prosecution against 

for , was forfeited by non-compliance with the condition 

thereof ; and after a Scire Facias served upon the said , no satis- 

factory cause to the contrary having been shown, at a Court at General Sessions, 
held for the said Coimty, on last, judgment on the said Recogniz- 

ance was confirmed, to wit, for the sum of dollars, against the said 

A. B., and for the sum of dollars, against the said C. D. and T. O. 

severally, besides the costs of the said /St'/, i^a. and proceedings had thereon : You, 
and each of you, are therefore, hereby commanded without delay, that of the goods 
and chatteiSjhouses, lauds, tenements and hereditaments of the said A. B., you 
levy the said sum of ' dollar.^, for the costs aforesaid; And have 

you the said moneys, together with this writ, before the Clerk of the Court of 
(jeneral Sessions for the County aforesaid, according to law. 

Witness H. J. Esq., Clerk of tlie said Court, at &c. 

(Seal of Court.) 

Solicitor. 

'Jliis is il-.c orJinary forai for Fi. Fa. upon Hecopcnizince, but it iDpears to the compiler Hint 
it would be niucu less difficult Trthe SlierilFto execute separate a.'id di^tiuit process against the 
■. iii:cipalund sureties, tUaa t'las to have tnem iucluded iu a comnioii writ. 

bC. Ca. Sa. for fines and cost's. 

State of South Cakoi.ixa. ; 

Cauuty. ^ The'_State of Sauth Carolina. 

To all and singularthe Sheriffs of the said State, Greeting: 

You, and each of you, are hereby commanded to take C. D., if he shall be found 
within vour Counties, severally, and him safely keep, so that you have his body 
before the Court of General Sessions, tor County, to be holden at 

to satisfy tlie sum of d(>llars, for a fine, and the 

further sum of dollars for costs and charges, which bu:n-;, in a prose- 

cution lately had in the said Court against the said C. D., for , the sa d 



272 MANUAL. 



Forms, for use of Clerks. 



C. D. lias l)C(!n ad j lulived to i>ay, as appears by the records of the said Court. Aud 
have you this writ, and the said moneys, bi?fore the Clerk of the said Court, ac- 
cording to law. 
Witne'ss H. J., Clerk of the .=aid Court, at day of &'c. 

(Seal of Court.) 

87. Bench Warrant. 

State of South CAiioi/fx.v. '/ 

County. s The State of South Carolina. 

To all and singular the Sheriffs, Constable, and other Peace officers of the said 
State, Greeting : 

V\ hereas, at the last term of the Court of General Sessions and Common Pleas 
for the County aforesaid, it was, among other things, ordered, that a Bench War- 
rant be issued for the arrest of W. P., against whom (a true bill for has 
been found). Those are therefore, to command you, and every of you, to make dil- 
igent search after the said VV. P., and him to take and safely keep until he be de- 
livered to the keeper of tlie Common Jail of this County, or discharged by due 
course of law. And this shall be a good and sufficient warrant for your doing so, 
and lor the keeper of the said jail receiving the said \\. P. from you, and keepino- 
him safely until he is discharged by due course of law. 

Witness II. J. E?q., Clerk of the said Court, at &c. 
(Seal of Court.) 

88. Warrant of Arrest. 

State of South Carolina.- } 
County. j" 

By H. J. Esq., Clerk of the Court of General Sessions for Hie said Counts iu 
the State aforesaid : " ' 

'^^ Sheriff, cr any lawful Constable of said County • 

Complaint upon oath having been made before me bv * an-o- * 

"■s • -I i -, „ -, '' "gainst 

—•for a violent and felonious assault upon complainant by the said 
(on Saturday night.last, at . in said Countv,) who 

with a arge clasp kn.fe did cut and dangerously Av-nrnd complainant in ihe side 
and m both hands, and as complainant avers and believes, did verily intend u 
kill him &.., [or, as above to-*] for breaking into the premises of complainant 
at 11 oV ock or last night, the day of May, and stealing 100 pounro 

Bacon, the property of said complainant, and carrying the same awav. 
Taese ar3 thoraforj, to comaianl yoa t) arrest the said ' „ . 

have him before me, or some Trial Justice, to be dealt with according to I-iw"'"'' 
Herein fail not on pain of the penalties that wUl fall thereon 
Given under my hand and official seal, tlie dav of a t^ 

ini 18 - ^""^ ^""^■ 

t^^-'^^J H. J., C. G. S. 

89. Search Warrant. 

The State of South Carolina. ) 
County. j" 

To any Constable of the Countv of Greectinn' • 

^^•horens complaint on ouh has been made to n.e,H. I Esq., Clerk of the Court 



MANUAL. 273 



Forma, for use of Clerks. 



of General rio.ssions for the said County, tliat certain per.sonal property, viz : 

haa lately been 
stolen or embezzled out of the (store or dsvelliufr of) in yaid County, 

by soma person or })ersons to unknown, and tliat suspect 

that the said jiroperty i.s concealed in the in the said County. 

THEREFORE, the State ot South Carolina, commands you to search the place 
where the said jiroperty is suspected to be concealed, in the day time, and that you 
bring the same, (if found,) before me. 

Given under my hand and seal tliis day of 18 . 

[Sea].] H. J., C. G. S. 

89. Sentence for MMi'mianor. Imp7'ii>ntn-'iit and fine, sac >irUi/ for good behavior 

and the pecice. 

Tlie State, vs. E. T. AsvsauU and Battery. 

The defendant ajipearing to receive sentence. Let the def(Midart. or. It is or- 
dered, that the defendant, or, It is considered that the def<!ndant be imprisoned 
six months, (to commence at the expiration of the term of imprisonment to which 
lie has been sentenced in a preceding case,) and be lined one hundred dollars and 
the costs of the pro.^ccution ; and that before he be discharged from imprisonment 
he enter into recognizance hims;;lf in the ])enalty of one thousand dollars, and 
two sureties, each in the penalty of five hundred dollars, with condition that for 
twelve months he be of good behavior and keep the peace toward all the citizens 
of this State, especially toward the prosecutor N. R, and his wife E. R. 

90. Writ nf Habeas Corpus. 

The State of South Caroi.ixa. } 

County. \ 

To W. W., Esquire, Sheriff of County : 

You are hereby commanded, that the body of by whatever name 

the said is called into and under custody, committed and detained, [so it 

is said,] together with the day and cause of capture and detention of the said 
you have before us, the subscribing at (the office of J. E. Esq.,) immediately after 
the receipt hereof, to do and receive what we the said Trial Justices, shall then 
and there consider iu that behalf ; and have you then and there this writ. 

Witness &c., &c. 

J. L. Trial Justice. 

II. J. Clerk of the Court of General Sessions. 

All writs of Habeas Corpus must be marked in this manner, "Per staintum tric&s- 
im prirna, Carole scruruU lief/is, a.nd shallhe signed hy the person awarding the 
same. 

On hearing the return in this case, and it apjiparing to ns, that the said prisoner 
is detained by warrant of commitment for an oifence not bailable, it is ordered that 
he be remanded, to await his trial. 

Thi3 day of ) 

A. 1). 18 )■ J. L. Trial Justice. 

H. J., 

I 'jerk of ('(lint (I'oi ral Sessions. 



274 MANUAL. 



Forms, for \ii-e of Clerks. 



On hearing the return in this case, and it a])pcaring that thf^ said prisoner is de- 
tained in custody under a warrant of com-mitment for a bailable offence, and hav- 
ing entered into recognizance, with surety according to law, it is ordered, that 
he be discharged from his iin{)riHonment. 



This day of I 

A, D. 18 i" J. L. 



H.J. 



Trial Justice. 



Clerk General Sesssions. 

tVrits of Habeas Corpus are retnrn.ible immediately he' ore the judge or other officer issnine 
the same, atiu siiall be served upon tie officer or oflicrs in wliose custody the pariv committed 
or detiimed may be. or leit ;it the jail or pnsnii with any ot the under officers, nnder keeper or 
their deputy ami the ofiicer shall within ^Aree days after service tiierec, maKe retiuti ot such 
writ, and brine;, or cause to be brun^oi the boay of tiie party committed or restrained, unto or 
before tlie person or persons oefore wliom the writ is returnable, accordini to the command 
fhereof, and ssiali then certify the true canse of his detention, or imprisonment. 

91. Warrant of Coroner, {or acting Coroner,) for arrest of person charged ly In- 
quest. 

The State of South Calolina. \ 
County. \ 

To the Sheriff, or any of the Constables of the County of Greeting : 

Whereas, by the iuquijjtion of [here na.me the jarors,'\ good and lawful men 
of said Coitnty, taken upoiiiheir several oaths before me, the Coroner, ( or act- 
ing Coroner,) in and for said County, at in said County, Y. Z., is 
charged with having feloniously niiirdered M. M., on Ulie day of 

, 18 . You ARE therefore, hereby commanded in the name of the State 
of South Carolina, forth with to arrest the said Y. Z., and bring him before me im- 
mediately at to be dealt with according to law. 

t^iiven under my hand, this • day of 18 

A. W., Coroner. 



or, H. J., Clerk, acting Coroner. 



92. SuhiMiina for Witness, in Criminal case. 



The State, of South Carolina. ) 

Couufy. ) The State of South Carolina. 

To A. B., C. D., E. F. and G. H. 

We command you, and each of you, that business and excuses being laid aside, 
you be and appear before ihe- Court of General Sessions at , on the 

day of next, at 10 o'clock in the forenoon, to testify and give evi- 

dence in behalf of the State, in a certain j)rosecution against L. O., and P. T. 
charged with (Burglary and Larceny.) Herein fail not, at your peril. 

Witness, H. J., E~q., Clerk of the said Court at this day 

of 18 

(Seal of Court.) H. J., C. G. S. 



MANUAL. 27-5 



Forms, for use of Clorks. 



03. Attachment against a icitness not appearing. 

TuE State of Soui'ii Carolina. | 
County. i 

To the Slieriff of said County, Greeting : 

We couiniaud you tlmt you attach A. 13., C. 1)., E. F. and G. IL, and forthwith 
bring them before the Court of General Sessions now sitting in and for said Coun- 
ty, to testify and give evidence in a certain prosecution hud against L. O. and P. 
T., and also, to answer all such matters as shall be infjuired of them, for that they, 
and each of them, having been duly sul)])rrnaed to attend upon said Court, have 
refused and neglected to attend in conformity to such subpoena ; and haA'e you 
here this writ. 

Witness, II. J., Esq., Clerk, &c. 

(Seal of Court.) H. J., C. G. S. 

S)4. Witnesn pai/ Certificate. 

The State of South Carolina. 
The County of 

To Dr. 

For attendance a.« a witness on behalf of the State in the prosecution of 

for days, at Term 18 

And for mileage for miles traveled ■ — 

Total pay $ 



Personally appeared before me and made oath that 

the foregoing account is just and true, and that no part thereof has hitherto been 
paid; and I certify that said was actually in attendance as herein 

above s't forth. 

Sworn before me this day of 18 . 

n. J., p. Q. 

C. G. S. 

95. Jurors' Pay Certificate. 

State of South Carolina : 

I, II. J., Clerk of the Court of Common Picas and General Sessions, for 

County, in the said State, do certify that has attended as a 
Juror, (or actually served as a Constable,) for said County 
days at Term 18 , and is entitled to receive for the same 



And for mileage for miles of travel 

Total pay $ 

J- M., H. J., 

Presiding J udge. Clerk of Court. 

On the bick of tlie certificate shouUl be enJoi-sed the oath of t'.ie juror, ip. th(» usual form. 
(See 6. StHt.. 29, Geu. Stat.. 479.) As certiBc.ites are to be issued loreaci week, it id convenient 
10 iiave tliem headea resrec'.ivclv, •Fiisst Woek" and "Sei.oiul XN edb." 



276 MANUAL. 



Forms, for use of Clerks. 



96. Clerk's Affidadt to Ids Account. 

The State of South Oai?olina. } 
Couuty. ) 

Personally appeared before iiie H. J,, Clerk of the Court for County, 

in said State, aud upon oath says : That the within and foregoing account, amount- 
ing to dollars, is just and true ; ihat the services ^herein set forth 
were actually rendered by him, aud that no part of said sum has been paid by dis- 
count or otherwise, directly or indirectly. He further swears (or, affirms,) that all 
moneys received by him for fines and penalties or otherwise, aud belonging to said 
Countv, have been duly paid over to the Treasurer according to law ; and that all 
persons mentioned in the foregoing account, who have been convicted and fined ; 
and who have not paid their fines and the costs of their respective prosecutions, 
have been discharged, from inability to pay the same. 

Sworn and subscribed before me tliis day of A. D,, 18 . 

J. J. M., H. J., 

Circuit Judge. Clerk. 



97. ENTBIES IN COMMON PLEAS JOURNAL. 

The State of Gouth Carolina. 
At a Court of Common Pleas — &c., [as in No. 1. to end.] 

98. Juries Re-constituted. 

Jury No. 1. is empannelled, and having retired and selected J. O. as Foreman, 
return into Court and are sworn for trial of such issues as shall be brought before 
them. [Here follows a list of Jury No. 1., J. O., Foreman, &c., and Jury No. 2. in 
the same manner ; and then a list of such supernumeraries as remain in atten- 
dance.] 

99. Oath of the Petit Jury in Common Pleas. 

You shall well and truly try all issues, and execute all inquests which shall 
come before you during- the present term, and true verdict give according to the 
evidence . So lielp you God. 

The panel of jurors t^hould stand uo dnrin? the oiltninistration ol the oaths, and three atleaet 
may be sworn at the same time, the Clerk calUni: their names, as he swears them. 



100, Oath of a witness before a Jury in Common Pleas. 

f The evidence you shall give the Court and Jury upon this issue between A, B., 
plamtiff, and C. D., defendant, shall be the truth, the Avhole truth, and nothing but 
the truth : So help you God. 

101. Oath of a witness on a challenge of a Juror. 

You shall true answers make to such questions as shall be put to you, touching 
the challenge of E. F., a juror : So help you God. 



MANUAL. 277 



Forms, for use of Clerks. 



102. Oath of a Witness ; By the ttpUfted hand. 

You do swear, in the presence of the cvorlivin/^ God, ilmt {conthiuing as in 
■ 2fb. lOO/romth^^ to the end)'] 

103. Affirmation of Witness. 

You do sok'ninly, aud sincerely, declare and affirm ihsii leontimnnff as in No 
100, from Vie\ to the end.] 

104. Oat?i, of a party, or interested Witness, prcliniin(\ry to evidence of the contents 
of a paper not produced. 

You shall true answers make to such questions as fihall be put to you touching 
the power or tx)ntrol you have over any iitii)cr, or the loss or destruction of any pa- 
per which would be projMir evidence in tliis cause. So help you God. 

105. Oath of a party, or interested Witness, preliminary to jiroting the handwriting 

of a subscribing Witness. 

You shall true answers make to such questions as shall be put to you touching 
your, [or, the Plaintiff's, or, Defendant's] ability to procure the attendance of 11. 
C, a sabscribing witness to this paper {or, the paper in question.] So help you 
God. 

106. Tetking verdict in a Cicil Cause. 

Gentlemen of the Jury ! Please answer to your names [ Call them one by one.] 
jLie, "■* you agreed upon your verdict ?* How do you find ? [The Foreman states the 
finding of the jury ; the Clerk then enters the verdict, and continues :] Gentlemen 
listen to yoair Tjerdict as it stands recorded. You saj' you find, [etc., as the jinding 
^nay be;] -i-ud so say;you all. 

107. JEMry of Verdict. 

Circuit Court. 

A. B. \ County of . At a Circuit Court lield iaa and for 

against [- said County, ou the day of , 18 , before J. E., 

Y. Z, ) Esquire, Justice, 

Jurors. 
[Insert names.] 

Witnesses. 
[Insert names.] 

Verdict for defendant [or, verdict for plaintiff, damages, $ ; or, verdict 

tor plaintiff against defendant, E. F.; or, if it be a special verdict, insert the same at 
length].* 

{Signature of] Clerk. 

108. Entry of Verdict. With Assessmeni of Value of Personal Property. 
Circuit Court, 



278 MANUAL. 



Forms, for ^se|of Clerks. 



A. B. ) County of, etc., [as in the preceding for w. to the'^, and then 

of/ainst |- add :] and tLe jury assess tlie value of tlie paid [ineiifi/m pruj)er- 
Y. Z. \ ty in qaeation ] at dollars ; [If necenviry add ; and they 

further assess the damages of the said defendant by occasion of the delivery and 

detention of tiie said ])ro]iprty, at dollars.] 

[Si(jn(itiife of] Clerk. 

109. Entry of Jadgment. 
Circuit Court. 

A. B. ^ Judo'ment, 

agaiiifit [• [Date.] 

Y. Z. ) This cause being at issue upon the facts and a trial by jury 

having been ha-1, on which a verdict was found for the ])laiutifT, that, etc., [.^tute 
the finding ; or, if there icas no jury, say : and the same having been submitted to 
the Court, decision was rendered, etc.] 

Now, on motion of G. H., attorney for the plaintiff, it is ordered and adjudged 
by the said Court, that, etc. [as the verdict n'ay 6c]. Clerk. 

110. Taking Verdict Where Personal Projjerty is in Question. 

\_As in Form 103 to tlw', and then continue .•] How do you find ? [The Foreman 
answers : We find the title of the horse in question to be in the plaintiff, and as- 
sess the value thereof at one hundred dollars. [The Clerk enters the verdict, and 
then adds .•] Gentlemen, listen to your verdict as it stands recorded. You say you 
find, etc. [^4* ahoi'C']; and so say you all. 

111. Taking Verdict in Actions For Damages. 

[As in. Form 106 to the*, and then continue .•] How do you find ? Tlie Foreman an- 
sioers : We find for tlie defendant ; or, We find for the plaintiff dollars 

damages. [I'he Clerk enters the verdict, and again ir2)eats the finding, and makes 
the inquiry, as in the preceding form ?^ 

112. Taking Verdict in Cases of Lunacy, etc. 

[As in Form 103 to the*, and then continue .•] How do you find ? T'he foreman an- 
sicej's: We find tiiat A. B. is a lunatic, of unsound mind, and incapable of manag- 
ing or conducTing hl.s affairs ; or, that A. B, was of unsound mind at tlic time of 
the execution of the will [or, deed] in question — to wit : on the da}- of 

, 18 , and incompetent to execute the same ; ov, that A. B. svas of unsound 
jiiiud. and incompetent to contract matrimony, at the time of the solemnization of 
the marriage to E. D. — to wit ; on the day of , 18 . [The Clerk 

th-eti enters the verdict, rej^eats the findings, and makes the inquiry, us in Form 
110] 

113. Taking Verdict in Action For Pecovery of Peal Property. 

[As in Form 10(5 to the*, and then continuing .•] How do you find? The foreman 
cinstrers : We find the title of the land in question to be in the plaintiff ; or, de- 
fendant: If there is a claim for the mesne profits, add: And assess the damages 
for withholding the said premises, against the defendant, at dollars. [21ie 

Clerk enters the verdict, repeats the finding, and makes the inquiry, exs in Form 
IIO.I 



MANUAL. 279 

Forms, foi* use of Gierke. 



114. Polling Jury in Cicil Cases, 

[ W/ien the palling of n jury is dcmninh'd, the Clerk icill begin xrith the first 7iame 
on the panel ;] • 

A. B., you say y(Mi find [ii.s the verdict may be ; after the answer is given, then call 
the next j lira r\ C. 1)., is that yonr verdict ? [Proceed in this manner through the 
list, and when, all have answered, say :'\ Then, gentlemen of the jury, hearken to 
the \Ter<lict, as tlie court has rccorvled it. You say you find [as the verdict may 6<?] 
and so say you all. 

115. Oath on Application to Excuse, or Dixrharge, a Juror or Gon-ftahle.. 
You.-shall^true answers make to all questions n't>w put to you, touching your 

applicat on [or,t\ni application for and in behalf of E. F] to be discharged {or, 
excused ] from attendance as juror [«/•, constable] at tins court. So help you God. 

116. On Ajijdication of Juror, or Consiohlcfor a Eemission of FiniC. 

You shall true answers make to such questions as shall be ])ut to you, touch- 
ing your ajjplicatioii [or, the ai)]ilication for ajad in behalf of E. F.J for the remis- 
sion of your \_or, his] tine, for default in attending as a juror [or, coustablejat this 
[or, the last] term of tliis court. So help you God. 

117. Confession of Judgment, in Court. 

Circuit C'oiniT. \ 

Couuty% )' ss. 

A. B., -\ Debt. 

vs. |- The Defendant acknowledges the action and confesses judgmeut 

C D. ) 4is follows : ' I appear and confers judgment, for the sum of, &c." 

118. Confession of Judgment before Clerk. 

OiitcuiT Court. ) ss. 
Count)'. ) 

T. M., ) Plaintiff. 

against !- A.^sumpsit. 
S. L. ) Defendant. 

Personally appears S. L., Defendant, and being duly sworn depf.se.'' and says 
that he, the defendant, is justly indebted to the said T. M„ plaintifE, in the sum of 
$250 over and above all just demands which defendant has a,gainst the plaintiif' 
and that the above confession in this cause is not made or taken with a view to 
defiaudany creditor. 

Sworn l.efore me, this day of 18 . 

H. J., Clerk. S. L. 

119. Transcript of Judgment from another County. 

Circuit Court. \ 
County. J 

A. M., ) • 

against [- Judgment bv Default. 
B. L. 



280 MANUAL. 



Forms, for the use of Clerks. 



Insert affidavit of nhiintifC's uUonicy, that no answer, puiiimons or notice of ap- 
pearance lias been received. And tlien the jiidij^-nient, with amount, and date and 
subscribed by Plaintiff's Attorney. 

And tlie certificate of tlie Clerl^«of the Couniy, where judgment was rendered, 
as follows : 

I hereby certify that the above is a true and correct transcript of the original 
judgment entered in this office. Witness my hand and seal, this day of 

IH . 

(Seal.) J. W. 

C. C. P. 

120. Traitficript of Judgment from Trial Justice Court. 

Trial Justick Court. ^ 
County. I 

A. M., ) 

'vs. [ On Note. 

B. L. \ Before R. K., Trial Justice. 

Judgment in this action was rendered for the plaintiff, and against the defend- 
ant. May 1, 18 . 

Recovery $50.25 

Costs 4 00 

Transcript fee 25 



$ 54 50 
I hereby certify that the foregoing is a true and correct transcript from my 
docket, of a judgment rendeied'by me. 
Charleston, 5Iay 1, 18 . 

R. K., Trial Justice. 

121. Execution Against Propcrti/. 

The State op South Carolina.; 

To the Sheriif of the County of Greeting : 

WHEREAS, judgment was rendered on the day of one thou, 

sand eight hundred and in an action in the between A. B. 

plaintiff, 3.i)d C. D. defendajit in favor of said A. B. against the said C. D. 

I'or the sum of dollars, as appears to us by the judgment Roll, filed in the 

office of the Clerk of the Court of Common Pleas, County of AND WHERE- 

AS the said judgment was docketed in your County, on the day of 

in the year one thousand eight hundred and and the sum of dollars 

is now actually due thereon : 

THEREFORE WE COMMAND YOU, that you satisfy the said judgment out of 
the persoual property of the said judgment debtor within your County ; or if suffi 
<-ient personal property cannot be found, then out of the r.eal property in your 
County belonging to such judgment debtor on the day when the ^said transcript 
■was so docketed in your County, or at any time thereafter, in whose hauds soever 
the same may be*, and return this execution, within sixty days after its receipt by 
you. to the Clerk of the Court of Common Pleas, for the County of 

Witness H. J., Esquire, Clerk of said Court at the day of one 

thousand eight hundred and « 

.(Sea]of Coi!rt.) H. J., . E. Y., 

C. C P. Plaintiff's Attorney. 



MANUAL. 281 



Forms, for use of Cltrks. 



132. Affidavit to obtain Writ of Attachment. 

State ok Suutu Carolina. ) 

County. ji' 111 Common Plciis. • 

A. B.. being duly .sworn, says, that the said C. I), is justly indehttsd unto him 
ill the sum of $50, as nearly as he can ascertain the same, over and above all ac- 
counts Avliich the said C. D. has against him. which debt arose u])on contract {or 
upon a judgment, stating the court in which it was rendered, and the amount,) 
and that the said C. D. is about to remove his property liable to execution from 
the County of where he last resided, with intent to defraud his creditors. 

Or. 

That the said C. D. has assigned and disposed oi{or secreted) his property, with 
intent t«) defraud his creditors. Or, 

That the said C. D. is about to assign, dispose of, or secrete his property, with 
intent to defraud his creditors. Or, 

That tlie said C. D. has departed, or is about to depart from the .said County, 
with intent to defraud his reditors {or to avoid the service of civil process). Or, 

That the said C. D. keeps himself concealed, as the deponent verily believes, 
with intent to defraud his creditors, or to avoid the service of civil process. 

And this deponent further says : (Here set forth the facts and circumstances 
which prove the fraudulent intent.) 

Sworn to before me, this day of 18 . 

H. J., Clerk. A. B. 

123 Bond in Attachment. 

State of South Carolina. I 

County I In Common Pleas. 

Know All Men by these Presents, That in pursuance of the directions of the 
fourth clause of the Act of the Legislature of this S^ate, passed tlie twenty -fourth 
day of September, A. D. 1868, entitled an "Act to Regulate Attachments," we 

are held and firmly bound unto 
in the full and just sum of Dollars, to be paid unto the said 

his certain Attorneys, Executors, Administrators, or assigns. 
To which payment well and truly to be made and done, bind Heirs, 

Executors, and Administrators, jointly and severally firmly by these Presents. 

SEALED \^ith Se:il and datel tlie day of in the year of our 

Lord one thoasauJ einlU liuiidrud and and in tlie year of American Inde- 

pendence. 

WHEREAS, 

about to issue and sue out of the Court of Common Pleas, for the Count.v 
aioresaid, a Warrant of Attachment, to attach all Real Estate of the haid 
all Personal Estate, including money and bank notes, except such Real a.id 
Personal Estate a.s are exempt from attachment, levy and sale by the Constitu- 
tion. 

AXD WHEREAS, under and by virtue of the clause aforesaid in the Act of 
the Legislature above mentioned, it is directed and prescribed, that before issu- 
ing the Warrant, the Judge, Justice of the Peace, or Clerk, shall require a writ- 
ten undertaking on the part of the Plaintiff, with sufficient sun-ty, to the effect 



282 MANUAL. 



Forms, for use of Clerks. 



tliat if the Dofentlant recover Jaclgment, the Phvintiff will pay all costs tliat may- 
be awarded to the Defendant, and all damages whicii he may sustain by reason 
of the atfachmcnt, not exceeding- the sum specified in the inidertakiiig-, which 
shall he at least One Hundred Dollars : 

NOW, TIIKREFORE, THE CONDITIOX OF THE ABOVE OTJLIQATIOX 
IS SUCH, Tliat if tht; said Defendant recover Judgment in the said case, 

and the said phall pay, or cause to be paid to the said 

his At*orneys. Executors, Administrators, or Assigns, all costs that 
may be av.arded to the said Defendant, and all damages whicii the said De- 
fendant may sustain by reason of the Attachment about to be issued as afore- 
said, then the above obligation to be void and of none efP-ct or else to remain in 
full force and virtue. 

Signed, Sealed :iiul Belivsrad i [iSeal.T 

in tbe presence oi ) [Seal.J 

124 Warrant of A ttach men t. 

The State of South CAnoLi.\'A. \ In the Common Pleas. 
Coduity of \ 

To the Sheriff of the said County : 

Whereas, an application has been made to me by P. T., plaintiif, for a warrant 
of attachment agaiust the property of R. S., defendant, and it appears, by affida- 
vit, that a cause of action exists in said action in favor of the said phxiutiff against 
■fhe said defendant for the sum of dollars, with interest thereon, from the 

day of 18 ,- and the said affidavit specifying the amount of the 

said claim and the grounds thereof, and that the said defendant 

and the said plaintiff having given the undertaking required by law : 

Niow, you are hereby commanded, that you attach and safely keep all the prop- 
erty of the said defendant within your County ,iu the hand-i, possession, or control 
.of, or so much therer)f as m-ay be sufficient to satisfy' the said plaintiff's 

demand of dollars, with interest as aforesaid, together with all costs 

and ex]ieiises ; and that you ])roceed hereon in the nuiun<n' recjuired of you by law. 

Witness my hand and seal, this day of 18 . 

(Seal.) II. J., C. C. P. 

By virtue of this warrant, by mydeputj-, at o'cloclc M., on 

'ihe day of 18 , I attached, of the properly of the within named 

debtor, in the hands or under the control of the tilings mentioned 

in inventory hereunto annexed, and, and at the same time, delivered to the said 

a copy of this warrai.t with the following lujtice thereon endorsed : I here- 
by certify the above to be a true copj' of the original Warrant of Attachment in 
this suit, and that the attachment, of which the above is a copy, is now in my 
hai\ds, and that in it I am commanded to attach and safely keep all the estate, real 
and per.^onal, of tiie said the above named debtor within my Countj", (ex- 

<;ept such real and personal estate as is exempt from attachment, levy, or sale by 
the Constitution,) with all books of account, vouchers, and papers relating there- 
to, and that all such property and effects, rights and shares of stock, with interest 
thereon, and dividends therefrom, and the debts and credits of the said 
the above named debttjr now in your posses-ion or under your control, are, or 
which may come into your po.?ses5ion or under your control, will be liable to said 
Warrant of Attachment, and y:)u are hereby recjuired to deliver all such i)roperly 



MANUAL. 283 

Forms, for use of Clerks. 



to my custody without delay, with a certificate thereof, and all moneys, 
claims aud demands of said debtor, and due or arising tliereapou, or by 

reason of by the said or any or either of them. 

Dated at this day of IS . W. ^\■. 

Sheriff of the C(junty of 
To II. J., Esq . Clerk, &c. 

Inventory of goods and chattels attached by virtue of the Avithin warrant 
Eight mules, ^1,200 

Six timber trucks, 1,300 

Etc. etc., * 2,000 

Total amount, | 4,500 

We the undersigned, aj)i)raisers appointed by W. \V., Sheriff <if 
County, to apj)raise the property seized under the withiu warraut of attachment do 
hereby certify that we did on the day of 18 value 

and appraise the said property as herein above ?et forth. 

J. K. E. M., A))praisers. 

Before issuing a w;irrant of attac'iment, the oiiicer to whom a">p'irui'>ti has been made, snail 
reqire a written unaertakinj on the Dart o* the pUnntiff. wi:li sufficient sarety. ia the amount 
of at least two nnnured and fifiy dollars, for the payment of cosis. shou'd the defendant recover 
judcment, or the attjcnient oe #et aside b. tne C'oari. Tis affi lavit on whica tue warrant is 
granted must also be filed within ten davs of the is=ue of tlie writ. When real estate i« at- 
tached, a description of tne same snail oe rei-orded in the office of the Register <>f Mesne Convey- 
ances, in a Dook kept for th .t purpose ; together with the date oftne warrant of attachment, the 
pu.u denanded, auj tie officers return thereon. And such aitaciment so recordea, shall Oe a 
lien to bind the real estatj from the date ol lodcment. See Gen. Stat.. 572, .573. 

125. Justification of Sureties. 

In Common Pleas, County. 



^■?- \ 



C. D. ) 

Attachment. Demand $ 

Personally appeared P. Q. and S. T. Sureties to the within bond, aud severally 
make oath and say, each for himself, that each of them is a freeholder and house- 
holder in the County aforesaid, and worth dollars ,over and above what 
will pay his debts 

Swrn to be.'ore mo P. Q. ( Seal.) 

duy of 18 S. T. (Seal.) 

11. J., Clerk. 
126. Ord^r dissolving an Attachment. 
A. B. 

V. 

C. D. 

Case in Attachment 

Tlie Defendant C. D. having in\this\-ase appeared before the Clerk of the Court 
and put in special Bail, it is ordered, on motion of Def:'s Att'y, that said Attach- 
ment be dissolved. 

II. J. Clurk. 



284 MANUAL. 



Forma, for use of Clerks. 



128 Bond by D-'fcndaiit, to prevent the removal of goods attuched. 

Know all men by those presents that we, C, J), and R. 1?., are held and firmly 
bound to A. B., in the snm of $ ( double tl.e sum stated in the attaeliment 

to have been sworn to by the plaintiiT), to be paid to him, his executors, adminis- 
trators, or assigns ; to which jjayment well and truly to be made, we jointly and 
severally bind ourselves, our and each of our heirs, executors, and administrators, 
firmly by these presents. Sealed with our Seals, and dated the 28th day of 
May, 18 

Whereas, W. W. Sheriff of the County of by virtue of a certain at- 

tachment issued by J. R., Escjuire, on the application and in favor of the said 
A. B., against the goods and chattels of the above bounden C. D., hath attached 
of the following goods and chattels of the said C. D., viz. : ( Here specify the ar- 
ticles. ) 

Now, therefore, the condition of this obligation is such, that if the said goods and 
chattels shall be produced to satisfy any execution that may be issued upon any 
judgment which shall be obtained by the said A. B. upon the said attachment, 
within six mouths after the date of this loud, then this obligation to be void, oth- 
erwise to remain of force. 



Sealed and delivered in tfie presence of, 
and tiie security approved by me, 



W. W., Sheriff. 



CD. [I.. 8.] 
R. R. [ L. s. ] 



129 Bond to he given hy a claimant of the goods attached. 

Know all men by these presents that we. D. S. and L R., are held and firmly 
bound unto A. B. in the sum of ( double the value of the property at- 

tached), to be paid to him, his executors, administrators, or assigns ; to wliich pay- 
ment well and truly to be made, we jointly and severally bind ourselves, our and 
each of our heirs, executors, administrators, firmly by these presents. Sealed with 
our seals and dated the 18 

Whereas certain goods, to wit ( here enumerate them ) were on the day of 

last seized by W. W., Sheriff, by virtue of of an attachment issued by 

J. R., Esquire, one of the Trial Justices of the County of ,in 

favor of the above named A. B. against C. D. And whereas the above bounden 

D. S. claims the said goods as his proprety. 

Now, therefore, the condition of this obligation is such, that if, in a suit to be 
brought on this obligation williin three months from the date hereof, the said D. 
S. shall establish, that he was the owner of the said goods at the time of the said 
seizure ; and in case of his failure to do so, if the said D. S. shall pay to said A. B., 
the value of the said goods, with interest, then this obligation to be void, other- 
wise to remain of force. 

Seale I and deUvpred in the presen'-e of, ) 

and t: e security approved oy me, ) 

D. S. [ L. s. ] 
L. R. [l. s.] 

W. W., Sheriff. 



MANUAL. 285 



Forms, for use of Clerks. 



ISQ. Affidavit in Trocer. 

That the chattel belongs to the PhiintiiT, that it has been converted by the de" 
fendant, and that it is of thr value of dollars. 

131. Bond to he taken hy Clerk on yrantinrj the Order. 

By phiutiff, or his agent, Nvith good surety, in a cenalty equal to double tlie value sworn tc: 
Dayable to tUe deleudimt, his cxerators, administrators and assigns. 

Condition: Whereas, the above bound [P^n"/?;/jf'] intends to commence [w, 
has brouglit and has now pending] an action of Trover in tlie Court of Common 
Pleas for County, against the above named [Defendant ] for the 

conversion of a horse, named Tom ; and the said plaintiff desires an order, by 
which he may have a bond for the production of the chattel sued for, to satisfy 
his judgment in case he should recover ; Now the Condition of this obligation 
is such, that if the said [ ohligors\ shall jointly and severally be answerable for 
all damages, which have been or may be sustained by \^the Defendant] by any il- 
legal conduct in commencing and conducting the said action, then this obligation 
to be void, &c. |- g^.^^ -j 

Taken and subscribed belore 
nie, this day of 

H. J., c. c. r. [Seal.] 

132 Order in Trover. 

To be annexed to the writ, if made before the commencement of the action ; but separate. If 
made arterwards. 

The State of South Carolin.\, } 

County, j In the Common Pleas. 

To all and singular the Sheriffs of the said State : 
Whereas, {the Plaintiff) intends to commence \_or, has brought and has now 
pending] in the Court of Common Pleas for County, an action of Tro- 

ver against ( the Defendant ) for the conversion of a horse, named Tom, and hav- 
ing given the necessary bond on his jiart, desires the bond of ( the Defendant ) in 
Buch case obtainable : 

You and each of you are hereby required, without delay, to arrest the the said 
{Defendant) &^d. on.xise\\\va. to enter into bond with sufficient surety, payable to 
the Sheriff of the County aforesaid, in the penalty of dollars, conditioned 

for the production of the said horse, the chattel sued for, to satisfy the judgment 
of the said plaintiff in case he should recover in the action aforesaid. 
Clerk's Office, { 

day of f n. J., c. C. I'. 

133 Return of Jurors and Conntdbles. 

State of South Carolina, ) 
County, f 

Pay Roll of Jurors and Constables. Term (1st Week ) 

Names. da vs. miles. $ cts. 



286 MANUAL. 



Forms, for use of Clerks. 



I. H. J., Clerk of the Court of Common Pleas and General Sessions for the 
County of do hereby certify, that the foregoing is a true, correct 

and complete Kctuin of the Jurors and Constables in attendance at the 
term of Court f )r said County during the first, ( or second ) week of said term, 
and that all of__those within named actually served for the jjcriod set forth, and 
nuide oath to the distance travelled, respectively. 

In testimony whereof I have liereunto set my hand and affixed the seal of my 
office at this day of A. D. 18 

(Seal) U.J. 

C. C. P. & G. S. 

134. Execution ar/ainf^t the bodi/. 

(As in No. 121 to*, and then as follows :) 

And for want of goods and chattels whereon to levy, you are commanded to take 
the body of the said C. D., and convey him to the common jail of the said County* 
the keeper whereof is hereby comnuvnded to receive the said C. D., and liim safely 
keep until duly discharged according to law. 

Witness, &c., &c. 

(Seal of Court.) H. J., C. C. P. 

See Cocie procedure Sec. 202. 315, Geu. Stat., 563.589. 

135. Execution against Players, Showmen, Circuses, &c. 
To any Sheriff or Constable of tlie said State : 

Whereas, A. B. on at in the County aforesaid, and without 

the limits of any incorporated town or city (represented i)ubiicly, for gain, part of 
a stage play, or, exhibited for gain, a certain show called ) without having 

paid three dollars, the tax required by law to be paid before such representation, 
or (exhibition.) These are to require you without delay, either to levy of the goods 
of the said A. B. the sum of (ten) dollars, or take the body of the said A. B., and 
liim safely keep to answer to the State for the sum of (ten) dollars : And this 
writ with the said monies, if made, to return according to law, to the Clerk of the 
Court of Common Pleas and General Sessions for County aforesaid. 

Witness Clerk of the Court of General Sessions and Common Pleas, 

this day of 
See Geu. .Stat., 38C. 

13G. Com/nissio/i, to Examine Witnesses. 

TiiK St.vtK of Souh CmsoI-TNA, ) In the Court of Common Pleaff. 

County. ) 

The State of South Carolina. 
To Greeting : 

WrrEnE.\s, a certain cause i.s now pending in the Court of for the said 

County, wherein And it being necessary to the investigation of the ~Baid 

cause, that certain resident , in should be examined on certain mter- 

ropitorics; Now know yejliat in couficlencc of your pru ience, ability, and integri- 



MANUAL. 287 



Forms, for iiss of Clerks. 



iy, you are appnintcd, sxiul by these presents, full power and authority are given to 
you, or any two or more of you, to examine all witnesses whatsoever, as well on, 
the part of the said as on, the part of the said 

or either of them, upon interrogatories : and therefore, jou, or any two or more of 
you, are hereby authorized and required, on certain days, and at certain places, to 
be appointed by you for that pur}iose, to cause such witnesses to come before you;: 
and then and there to examine each of them apart on the said interrogatories, on 
their respective corporal oaths first taken, before you, or any two or more of you,, 
and to reduce their depositions to writing, and to return this Writ to the Judges 
of tlie said Court at in tlie State of South Carolina, under your- 

seals, with the said interrogatories and depositions annexed : And you, and every 
of you, are hereby further roijuired, tlint before you proceed to swear and examine 
any witness, you severally take the oath, first specified in the schedule, hereunto 
annexed: And any one of you is hereby authorized and empowered to administer 
Buch oath to the other, or otliers of you. And you are hereby further authorized 
and required, jointly or separately, to administer the oath last specified in the said 
schedule hereunto annexed, to any Clerk employed in taking the deposition of 
witnesses aforesaid, before such Clerk is permitted to act or be present at such ex- 
amination. 

Witness H. J. t'lerk of the said Court, at in the County- 

aforesaid, the day of in the year of our Lord, 

one thousand eight hundred and and in the 

year of the Sovereignty and Independence of the United State of America' 

[Seal]. 

H. J., 

C. C. P. 

137. Satisfaction of Judgment entered hy Plaintiff or his Attorney. 

The State of South CauoLixa, ) 

County. \ In tlie Common Pleas. 

A....B...., ) 

V. > lloll No. Judgment entered cTav of 18 

C....D...., ) 

Afterwards, to wit, this day of in the year of our Lord one thousand 

eight hundred and comes the said A. B., the plaintiff above named 

[by A. K. his Attorney,] and acknowledges to have received of, and from the said 
CD., full satisfaction of the [debt and] damages, costs and charges' aforesaid. 
Therefore, be the said C. D., therefrom, henceforth, forever discharged ; and so* 
forth. 

138. Satisfaction entered hy Cleric im-h r unu r nf Court. 

( Here enter the Order. ) 
And now, to wit, this day of according to the order above cop- 

ied, it is declared that full satisfactiouhath been made to the above named (Plajn- 
tiif) of the ( debt and ) damages, costs and charges aforesaid. Thee fore, be the 
said ( Defendant ) therc-from, henceforth, forever discharged ; and so forth. 

II. J., C. c. v. 



388 MANUAL. 



Forms, for use of Clerks. 



139. Satisfaction entered by the Clerk, after execution has been returned satisfied. 

The Fi. Fa. (or, Ca. Sii.) in tins case liaviiio; Ix'ou returned by W. W., SherifT, 
fully satisfied, satisfaetiou is accordingly enteriid on tlie record. Be the defendant 
henceforth forever discharged. 

H. J..C. c. V. 



140. Notice of Election. 

To be posted at the Court-House door ;ind five other public places in the County, and also to 
be advertise-l in u newspaper ot tlie County. Act of 1839, p. 21. §1. 

State of South Carolina, \ Office Court of Geueral Sessions and Common 
Couuty. J Pleas. 

I, H. J., Clerlv of said Court, in pursuance of the directions of the Act of the 
Legislature, in such case made and provided, do hereby give public notice, that an 
election for of County, will be held on Monday the day of 

next, at the usual places of election throughout the said County. 
Witness my hand at this day of A. D. 18 . 

H. J., c. c. p. & G. s. 

141. Notice to tlie Managers of Election. 

State of Soutu Carolina, ) Office Court of General Sessions and Common 
County. y Pleas. 

To 0. P., E. S. and T. M., Managers of Election, at (Levy's Cross Roads) in the 
Baid Couuty. 

By direction of an Act of the General Assembly, I hereby notify you severally 
to attend at the place of election, for which you are Managers, on the Monday 

of next, open the polls and hold an election for of County, to 

fill the vacancy which will occur in said office, by the expiration of the term (or 
by the death, or removal) of the present incumbent. 

It will be your duty to attend as directed, and open the polls between the same 
hours, and in other respects conduct the election in the same manner as is pre- 
scribed for the election of members of either Brancli of the Legislature, (except 
that the polls must be opened on Monday only) also, immediately after the close of 
the polls on said day, to canvass the votes cast, and make up and certify a return of 
the same, which return and the ballot box containing the votes, you shall trans- 
mit, in the custody of one of your number, to the Board of Commissioners of Elec- 
tions at the County seat, as by law directed. 

In witness whereof, I have hereunto suhscribed mj' name, and affixed the seal 
of said Court, at this day of 18 

[Seal.] H. J., C. C. P. tSi a. B. 



MANUAL. 289 



Forms, for use of Clerks. 



142. DeclaratvtnjDf Iittentiun, before Clerk. 

United States of America. 

State of South Caroli/id. 

Office Court of Common Pleas aiul (Jeneral Sessions, I 

County. ^ 

Before me, H, J., Clerk of said C<nirt, personally aj^pearcd E. F., a native of 

, about the age of years, who being duly sworn according to law, upon 

his solemn oath, declares, that it is, bona fide, his intention to become a citizen of 
the United States, and to renounce forever all allegiance and fid(dit.y to every for- 
eign Prince, Potentate, State, or Sovereignty, whatever, and particularly to 
of whom he is a subject. 

Sworn to before me this day of ) E. F. 

A. D. [ 

II. J., 0. (i. 8. & ('. 1'. ) 
This declaration may also be made in open Court. 

143. Certificate vf Declaration of Intention. 

United States of America. 
State of South Car olina. ) 
C'Ounty. ) 

Office, Court of Common Pleas and General Sessions, for 
County. 

I, H. J., Clerk of said Court, (the same being a Court of Record, having Common 
Law jurisdiction, and a Clerk and Seal,) do hereby certify. That E. F., a native of 
, about the age of years, appeared before me in the office of the said 
Court, and being duly sworn according to law, upon his solemn oath, did declare, 
that it is, bona fide, his intention to become a citizen of the United States, and to 
reuouuce forever all allegiance and fidelity to every foreign Prince, Potentate, 
State, or Sovereignty, whatever, particularly to , of whom he is 

H subject. 

In witness whereof, I have hereunto set my hand, and affixed the seal of said 
Court, at , this day of , in the year of our Lord , and in the 

year of the Sovereignty and Independence of the United States of America. 

(Seal.) H. J„ C. C. P. & G. S. 

144. Notice of intention, when di.yjensed icilh. 

Notice of intention is unnecessary if the Alien came to this country prior to the 
12th June, 1812, and has since continued to reside here. Such residence must be 
proved to the satisfaction of the Court, by two citizens, vf itnesses, on oath, whose 
names, together with the place where the applicant has resided for the last five 
years, are to be set forth on the record of the Court. Act of Congress, 1828, ch 
116, § 2. 

Notice vif intention is also dispensed with if apjdicant arrived in this countrv un- 
der the age of eighteen years, and will declare, on oath, and will prove to the sat- 
isfaction of the Court, at the time of his application, that, for three years next pre- 
ceding, it had been, 6(?Ha./fd^, hia intention to become a citizen; and, in all other 
respects, comply with the laws in regard tonaturalizaiion. Act of Con-^ress 1824 



J90 MANUAL. 



Forms, for the use of Clerks. 



ch. 13G, i^ 1. In all other cases a previous declaration of intention is neccssarj-. 
This dt'claraiion miij- be made before a Clerk of a State Court, being a Court of 
Kecord, &;c., as well as before a Judge. Act of Congres^s 1602, ch. 28, §1, §3; 
1824, ch. 18G, ^3. 

The party upon application for citizenship, must satisfy' tlie Court b.y other proof 
than his own oath, that he has resided five yeart* at least, in the-United Jstaiess, and 
one year at least, in the State where lie ap])lies. He must satit^fy the Court, tliat 
he is a man of good moral cliaracter, atta,ched to the principles of the Conalitutiou 
of tlie United States and well disposed towards the good order and hajjpiiiess of the 
same. He must, on oath, abjure his native allegiance, and renounce his title of 
nobility, if any he hath, and take an oath to support the Constitatiou^of the Uni- 
ted Sr.ates. 

Any alien, of the age of twenty-one years, and upwards, who has enlisted or 
shall enlist in the armies of the United States, either in the regular or the volun- 
teer forces, and has been or shall be hereafter honorably discharged, may be ad- 
mitted to become a citizen of the United States, upon his petition, without any 
previous declaration of his intention to become a citizen of the United States, and 
he shall not be required to prove more than one year's residence within the 
United States previous to his application to become sucli citizen ; and the Court ad- 
mitting such alien shall, in addition to such proof of residence and good moral char- 
acter as is now provided by law be satisfied by competent proof of such person 
having been honorably discharged from the services of the United States, as afore- 
said. Act of Congress, 1862, Chap. 200, § 21. 



14.>. Petition for Citizcnsliip, 

The United States ok Amehica. 

State of South Carolina. ) In the Court of Common Pleas and General 
County. J Sessions. 

To the Hono'r'ablfc , <>ne nf the Law Judges of the said State, pre-- 

siding in the said Court. 

The petition of A. B., aged years, following the profession or occupation of 

, respectfully sheweth : That your petitioner was born in : that he 

arrived in the United States of America, to wit : At on day and has- 

ever since resided vrithin the United States, to wit, [ year3 in (New York) and 
since ] at in this State, {shorting at least five years residence in the United 
States, and one year, last past, in this State) : that on day in the year of 

our Lord, (18 ) (at least two years before this petition) he [in the Court, or, before 
the Clerk of the Court} of Common Pleas and General Sessions for County 

iii this State {or any other Court of Record in the United States) declared on oath 
his bona fide intention to become a citizen of the United States and renounce all 
foreign allegiance, in manner and form as is required by law, (as will more fully 
appear by the certificate of the Clei-k of the said Court, or, of the said Clerk, 
lierewith exhibited). 

That your Potluiouer is sincer'ely attached to the Constitution of the United States, 
and well disposed to the good Older and happiness of the same : Of which and of 
the required residence, evidence is contained in the certificate hereto annexed. 
That he has never borne any hereditary title, oj' been of nay order of nobility 
^v'hate^■or. 



MANUAL. 291 



Forms, for use of Clerks. 



He, therefore, prays tliat tlie oath, which in such case is provided, may be ad- 
niiuistered to him, and that he may be admitted as a citizen of the United States 
of America. 

i;k it SI). (Signed) A. B. 

(Si!.rned l)y the Judge.) 

146. Certificate as to reside/ice ami ciiaractcv. 

We, the subscriber.?, citizens of the United States of America, do hereby certi- 
fy, that we have known the j)etitiotier, A. B., for years last past, during which 
time he lias resided within the United States, to wit : At and vylthin this 

State upwards' of one year. That he has beiiaved during that time, as a man of 
good moral character, attached to the principles of the Constitution of the United 
States, and well di!^])0sed to the good order and liappiuess of the same. 

(Signed by two citizens.) 

147. V Oath nf allegiance and ahjnrution. 
The UNITED States op A.meric.v. 

State of South Carolina. \ In the Court of Common Pleas, and (leneral 
County. ( Sessions. 

I do solemnly swear, that the content.? of my Petition are just and true ; that I 
■will support the Constitution of the United States of America ; and that I do here- 
by absolutely and encirely renounce and abjure all allegiance and fidelity to every 
foreign Prince, Potentate, State, or Sovereignty whatever, and particularly to 
nf whom I was born a subject. 

And I do further declare, that I have never borne any herediiary title, or been 
of any order of nobility. 
Sworn to in open Court, this ) 

day of 18 . f A. B. 

H. J., c. c. P. & o. s. 

148. Final Order — to be written on the Petition, and copied on the Journal of the 

Court. 

Ex parte E. F. Petition for Citizenship. 

The Petition and accompanying evidence having been heard, and it appearing 
that E. F. is, according to the naturalization laws, entitled to become a citizen of the 
United States, it i,s ordered that the prayer of the petitioner be ftranted. There- 
fore, the oath of allegiance and abjuration, in such case made and provided, is ad 
ministered to the said E. F., in op(>n Court ; and it is ordered, that Jie be admitted 
and enrolled as a citizen of the United States of America, and that the proceedings 
in this matter be tiled by the Clerk, and be of record. 

(Signed by Jud;ie.) 

149. Certificate of Citizennhip, to be fnrnished by the Clerk. 
United States of America. 

State of South Carolina, ) •^ourt of Common Picas and General Sessions. 
County. \ 

To all to whom the.-e pre-^pnts may come : Greeting. 



292 MANUAL. 



Fornvs, for use of Clerks. 



I. H. J.,. Clerk of the Court of lifiicral ScsKsions and Coninion Pleas for 
County, do hereby ciTtify, That, at a Court oHieueral Se^^^iong aiuT Cimimon Pleas, 
holden for the County of in tlie State aforesaid, present, the Honorable 

,one of the Law Judges of the said State, pve.'^idinj,^ in the said Court, 
on the day of , Anno Donihii, , K F,, a native of 

, by profession a , appeared iu open Conn, and made appli- 

cation to be made a citizen of the United States of America ; and he, baring com- 
plied with all the conditions and requisites of the Acts of Congress, in such case 
made and provided,, for establishing an uniform rule ot natuniiiavtiou, the oath to 
support the Constitution of the United States of America, and to renounce all alle- 
giance and fidelity to every foreign Prince, Potentate, State, or Sovereignty, what- 
ever, and particularly all allegiance and tidelily to , was adn\inistered 
to him, in open Court, and he, the said E. F., was admitted to citizenship ; and is, 
hy virtue thereof, and the premises, declared a citizen of the United Stated of 
America. 

In testimony whereof, I have hereunto subscriLed my name, and affixed the 
seal of the said Court to these Presents, at , in the County and State 

aforesaid, this day of , in the year of oxir Lord 

, and in the year of the Sovereignty and Independence of the United 

States of_ America. 

(Seal.)" H. J., C. C.P.&G. S. 

3S JS C^ZX £3^^*1*8. 



[ 



150. Notification of Escheator. 

T Mi^ SI^TATE OF South Carolina, 

County. 

To the Ilwnorable , one of the Judges of the Court of Common 

Plea.s,.of She SSaSe aforesaid : 

1, A. B.,.E.-'cheator for tCounfj') in the Slate aforesaid, do hereby 

notify unto your Honor,, that„ according to my knowledge and belief , and theinfor- 
maoion of others, a certain lot of land, situate, &c., liath become escheat- 

ed to the State aforesaid by the death of E. F., the person last seized in fee simple 
thereof ;the sajd E. F. haA'iEg died without leaving anj' i^erson who can lawfully 
claim such. Lot of laiud either by purchase or descent from him the said E. F., the 
last proprietor thereof. Wherefore, I, the said A. B., eschv'ratoT as aforesaid, do 
hereby issue this my n.otificatiou of the said supposed escheated lot of land .to your 
Honor, to the inteiit„tliat„at tlie nex.t meeting of the Court of Common Pleas for 
the County aforesaid, you may cause the jury thereof, being first duly sworn, to 
])roceed and make a true inq^uest of the said sujjposed escheated lot of land, and a 
true verdict make thereon, according to the Act of the Assembly in such case made 
and provided'. 

A. B.,Eseheatf,r far County, 

Tills notice irast be issued to the Jiidse at least two niontlis before the next meeiins of iho 
Coui't lor ttie County where ihe luaca lie. See OJeii. ftlat., 493, et. sec. 

151. Inqvisition of Eaclieaf. 

State of South Carolina, ) 

County. \ 

An Imiuijjition of Escheat, taken tt tlic usuaJ i>lace of Judicature, m the Court 



MANUAL. S^S 

Forms, for use of Clerks. 



House in , in th« County and State aforesaid, tlie day of 

, in the ^-ear of our Lord , pursuant to an order of the Honorable llio 

Court of Common Pleas, made on the notification of A. B., Escheator for iu 

virtue of the Act of the General Assembly of the State, entitled "An Act to appoint 
Escheators and to regulate Escheats," and more particularly in virtue of further 
Acts of the said General Assembly, viz ; {The Act of I80o, 5, Stat., 507, and the Act 
or Acts graiithig the land* suppoai'd to be escheated to the body corimrate tchich has 
apjwiitted the K-fcheator). Uponthi^ oaths of , gorxl and 

lawful men of tlie said County drawn by lot, pursuant to the form of the Act of 
the Geuei3il Aswembly of the said State, for the present Term of the Court of Com- 
mon Pleas, for 18 ,who. beiiiij charged and sworn to inquire for and 
in behalf of the State, of and concern iug the lauds, t<'nemeuts and hereditaments 
of which E. F., late of , died seized and j)()ssessed ; It being heretofore 
notified by the said A. B., Escheator aforesaid, that the said E. F. died seized and 
possessed of certain real estate within the said (County) not having in his life time 
made any disposition thereof, and without leaving any person who can legally 
claim the same by descent or purchase. The said Jurors so charged as aforesaid and 
sworn, do, upon thtir oaths aforesaid, say, that the said E. F. was born at 
and di<'d in on the day of Anno Domini, one thousand 
eight hundred and and that, at the time of his death, he was seized and 
]K>.ssepsed of a lot of land situate, (&c). And they are not informed, nor does it ap 
pear in anywise., nor luith it come to their knowledge, that the said E. F. at tlie 
time of his di'ath left any person or persons who can legally claim, by descent or 
othei-Avise, th^e sfiid lot of land. And so the jurors aforesaid; upon their oaths, say, 
that the sakl E. P, died on the day of Anno Domini , with- 
out leaving lany person or perso-ii.s who can legally claim by descent or purchase. 
And tkat the said lot of land, of which he was seized and poss€;ssed, is- become es- 
cU«*atied. • 

In witness whereof, we, the Jurors, hav(! to this inquisition set our hands an4 
seals the ilny and year first aforesaid. 

(Signatures and seals of Jurors,) 

152. Entry in Common Pleas Journal. 

Jury No. 2, having lieen first duly sworn, proceeded to malie inquest of escheat- 
ed lands, and returned the following verdict — to wit: {eojiy the whole Inqxiuitivn, 
No. 15i, Jiid'je ccr'.ifi-ate, Xo. 151, Cleric's adcertitemenf. No. 154. 

153. Judge^s Crrtificate — to he annexed to Inqumtio-H. 

State OF Sod rn CAnot,ix.\, } In the Common Pleas, | 

Di.strict. ) Term, IB f 

In pursuance of the Act of the Gi-neral Assembly, entitled "An Art to regulate 
Escheats," I, , one of the Judges of the Honorable the Court of 

Common Pleas, presiding at this present Term, do hereby certify, That, 

the Jury imp'inni'lled for the trial of causes thiTeat, being fir.st duly sworn to pro. 
ceed and make true in([uest of all such supposed escheated lauds, as should be 
subjected t;» their investigation, by the Escheator of , and a true 

verdict make theron, did return to the said Court, the within verdict and inquisi- 
tion by them had and made on the within case of the Real Estate of E. F then 
nnd there submitted to their investigation by the said Escheator. 
Given under my hand and seal this daj- of A. D. J. J. M., Jnd"-o 



294 MANUAL. 



Forms, for use of Clerks. 



The Inquisition anil certiflcate uiuai b? recorded by the cecttean.r. and « Ithin iwo months 
from the Uaie of tLe inqaisition, be reliiruod to t!ie Cl-rk, to be a.to ano kepi as a record oi 
Court. 



154. Clerk's Adnrtiaement. 

State of South Carolika, / 

County. f Office Court of Commoa Pleas. 

Whereas an inqite.st of Escheat hath been returned into this oflBce, whereby, it 
apjjears, tliat E. P., late of who was born in {name place of birth.) 

and died about the year , was seized and possessed at the time of his 

death of a lot of Land, ( describe the land particalarly, ) without having in his life- 
time made any disposition thereof, and witliout leaving any person who can legal- 
ly claim the same , — Now, in pursuance of the directionH of the Act of Assembly 
in such case made and provided, the Heirs of the said E. F., or others claiming 
under him, ( if any there be), are hereV>y required to appear aud_make claim with- 
in eighteen months from the date hereof. 

Witness my hand at this day of A. D., 

H. J., c. c. p. 



155. Clerk's process to Escheator. 

State op South Carolina. ^ 

County. ) lu the C(immon Pleas. 

Tlie Escheator for i 

vs. - • 

The Real Estate of E. F. ) 

Whereas, an inquest of Escheat in the above case hath been made, certified, re- 
turned and advertised according to law, and no person, w^itliin twelve months from 
the last date of said advertisement, hath appeared and made title to the lot of land 
described in said inquisition as a lot of land, &c., Avhereof, E. P., the last proprie- 
tor, died seized in fee, without leaving any person who can lawfully claim the 
Fame either by purchase or descent from him the said E. F. Now, in pursuance of 
the directions of the Act of the General Assembly, in such case made and provi- 
ded, the said lot of laud is hereby pronounced to be escheated and vested according 
to law. And the Esci'.eator for is hereby directed to sell and convey the 

same upon the usual notice. In witness wliereof, I have hereunto set my hand, 
and caused the Clerk of tlis Court of Common Pleas for the County aforesaid, to 
affix the seal of the said Court this day of A. D., 18 . 

(Seal.) (Signed by the Judge). 

A8 to the notice oT .sale to Oe ziven by Escheator, see 1787, 5, Slat., 47, § 4. 



156. Traverse, &e. 

P«i' the mooe of prncee lina if anv ciaimaLt CDtnea in. see tjth isect. of the Act of 1789. Therj 
nnisit i)e a petition settiutc lorin the claim — .i traverse oi the Inquisition : Lauas coinmitied to the 
clbiua;it, UDijngOQj evidence of his title to huld, until theri^ht, be found, ai'd sufficient security 
u\ idiu — Isflu*' upon the traveae — venire — trial — and jiid'ment : — costs to follow tlndinir airainst 
£scLC2iLur, ii Jary think t.itre was uo prohahle cliusc ior supposing t.ie liiuds eschaated. 



MANUAL. 295 



Forms, for u'^c of CkrkB. 



o o Tvr -"v 353 "S" -^a^ r<r o Es . 

157. " Satiafaction sf Mortgage : Entered by the Mortgagee. 

To be entered in ihe Resistrr which contains the mortgage, witli reference made to the pare 
where the mortcuaie will he loui.tl. and on thtit oaee, reJerenc; to t'le pa.'e w;iere the =aiis'iiction 
will be (oaiul. It is ii tic'i heiier. neater. anO more convenient tu enter satisiaitioD on tlie tirht 
vacant pace in lue mortsr.se LV^istfr, wui. re*'erence buck to t'ue niortgaae i'selt, and cross ref- 
erence from tlie niorts.iso to ilio suti.-Jciciior. ; tiian to matilaie and ouscure the record by writ" 
inJT satisfaction across the f::ce oi trie mortsase. 

Tint State of South Cauolina. ) 

Coimty. I" 

I acknowiedire, that I have received full satisfaction of this mortgage [or, of the 
mortgage recorded — book, page from C. D. to A. B. whose executor I am,] 

(and of the bond, [or, note] it was intended to secure.) and C. D. [the onortgagor,) 
is therefrom hereby disc'uarged. 

Witness my hand and seal,'&c. [i>. aj 

lu presence of {two witnesses.) 
Probate to bs made as of an ordinary deed, without which Clerk cannot record. 

158. Satisfaction of a Mortgage, entered by the Clerk under order of Court. 

To be entsred on the maririn o*" the pajre where the mcrEase is resisterad, or upon another 
page withreierences as in No. 157. 

South Carolina, ) In the Common Pleaa Term 18 

iCounty. \ 

[Copy of the order of Court.] 

According to the order above copied, satisfaction of this m.ortgage (of the mort- 
gage) therein m(?utioued, is hereby entered, and the said (Mortgagor) is therefrom 
hereby discharged. 

U. J., Clerk <& Ex-nfficio Reg. M. C. 

159. Common Probate of a Deed. 

State of JSoutii Caholina, | 
County. f 

Personallv appeared before me E. F., {one of the witnesse.%) and being duly sworn 
says; that be saw the within named T. X. sign, seal, and as liis act 

and deed deliver th;,' foregoing (or vvit'-.iu) Deed, (Indenture, Agreement, Release, 
Conveyan.-^e, Instrument of writing,: acknowledgment of .satisfaction ;) and that 
G. H. with deponent subscribed their names as witnesses of the execution thereof. 

Sworn to before me, this day of A D., 18 

H. J., Clerk of Court. E. F. 

A common error among Motarie^ and Trial Justices is, the failure to require lUa witness to 
subscribe tohi^ afHcavii, thusreudennz the ProDate of no valtie whatever, except asa siiitemeui 
oi toe officer. 



296 MANUAL. 

Forms, for use of Clerks. 



160. Renunciation of Dotcer. 

State ok South Cakomna, ) 
Couuty. ) 

I, H. J., Clerk of tlie Court of f'oiumon Ploas aud Oencral Sessions, for the 
County aforesaid, do hereby certify to all whom it may concern, that E B., the 
wife of [the within named] A. B., did this day appear before me, and upon being 
privately and separately examined by me, did declare, that she does freely, volun- 
tarily, and without any compulsion, dread or fear of any person, or persona whom- 
soever, renounce, release, and forever relinquish unto [the within named) C. D., 
his heirs and assigns, all her interest and estate, and also all her rght, and claim 
of dower, of, in or to all and singular [the premises withiii mentioned and re- 
leased.] 

In witness whereof, she has signed this in my presence. 

Given under my hand and seal, this ) E. B. 

day of, &c. ) 

[l. s.] H. J., Clerk. 

If the renunciation be on a pacer separate from ti;e release, omit the words in brackets, and 
a'ter "^intculiir," add. ' t!ie land and appurtenances describea and conreyej by a deed :rom A. B- 
to C. D.. bearing (late the- day of (and recorded in, &c,") with other sufiScient 

terms of description. 

161. ReUnquifihmcnt of Inheritance. 

State of South Carolina \ 
County. \ 

I. H. J., Clerk of the Court of Common Pleas and General Sessions, and ex offi- 
cio. Trial Justice for the Couuty aforesaid, do hereby certify, unto all whom it may 
concern, that E. B., the wife of the witliin named A. B., did this day appear be- 
fore me, and being privately and separately examined by me, did declare, that the 
release within written was positively and bona fde executed, at least seven days 
before this, her examination ; that she did, at least seven days before this examin- 
ation actually join her husband in executing the said release, and did then, and at 
the time of her examination still does, freely, voluntarily, and without any man- 
ner of compulsion, dread or fear, of any person or persons whomsoever, renounce, 
release, and forever relinquish, all her estate, interest, and inheritance, in the 
premises mentioned and conveyed in the said release, unto the said C. D. and his 
heirs and assigns. 

In witness whereof, slve lias signed tliis in my presence. 

Given under my hand and seal, | E. B. 

day of, &c. \ 

[L. s.] H. J., Clerk. 

163. Writ of Bedimus Potcstatem, to take renunciation of dower, relinquishment 
of inheritance, or probate of the execution of a deed. 

Thb St.vte of South Cakoi-ina, 

To {two or more Commissioners) of County, in the State of 

{or, in the City of in the Kingdom of or Empire 

of, or Province of ) 

Greeting : 



MANUAL. 297 



Forms, for use of Clerks. 



Know ye, that in consideration of your integrity and skill, full power is hereby 
given to you [any two or more of you]* 

Dmrer. — To take the renunciation, of E B., wife of A. B., of in the State 

of , of her dower in the premises described in the deed (hereunto an ■ 

nexed, or, from A. B. to C. D. dated, &c, conveying a tract of laud, situate, &c.] 

Inheritance. — * to take the rehiuiuislinient of E. B., wife of A. B.. of &c., of her 
estate and inheritance in the premises described, &c. 

Probate — * to take probate of the executicjn of the [said] deed [hereunto an- 
nexed, from A. B. to C. D., dated, &c.] f 

Dower or Inheritance. — For this purpose, you will cause tlie said E. B. to ap- 
pear before you, and you will examine her privately and separately, apart from 
all other persons, and if upon such examination, she shall freely declare that 
she J 

Dower. — does freely, voluntarily and without any compulsion, dread or fear of 
any person or jjersons whomsoever, renounce, rel'3ase,and forever relinquish to C. D. 
his heirs and assigns, all her interest and estate, and also all her riglit and claim 
of dower, of, in and to all and singular the premises described and conveyed in 
the deed aforesaid. 

Inheritance — f did at least seven days before such examination actually join her 
husband in executing the deed of release aforesaid ; that the said release was pos- 
itively and 6(^/i«_/?rf<' executed at least seven days before such her examination, 
and that she did then at the execution of the said release, and still does at the time 
of examination, freely, voluntarily, and without any manner of compulsion, dread 
or fear of any person, or persons, whomsoever, renounce, release, and forever re- 
linquish all her estate, interest and inheritance in the premises mentioned and 
conve^'ed in the said release, unto C. D. and his heirs and assigns. 

DoiFcr or inheritance. — Then you shall take under her hand a certificate of her 
renunciation (relincjuishment) as aforesaid , in the form of a declaration upon pri- 
vate examination as aforesaid, which certificate, authenticated by your hands and 
seals, you shall annex to this writ. 

Probate f For this purpose, you shall cause one of the subscribing witnesses of 
the deed aforesaid, to ap])ear before you, and liaving administered to him, (as you 
are hereby fully authorized to do,) an oath, or solemn affirmatic^n, according to the 
form of his religious persuasion, that his affidavit is true, you shall take under 
his hand an affidavit, that he was personally present, and saw A. B. [and E. B. his 
wife] sign, seal, and deliver the deed aforesaid, for the uses and intents therein 
expressed, and that he and the other subscribing witness signed their naines there- 
to as witnesses of its due execution : which affidavit, authenticated under your 
hands and seals, you shal! annex to this writ. 

Dower, Inheritance, or Probate. And having certified under yonr hands and 
seals, the due execution of this writ, [and verified the same by the oath of one of 
you before some Magistrate, who is authorized by the laws of your State to admin- 
ister an oath, and whose official signature may be jjroperly authenticated.] You 
ehall carefully return this writ, together with your proceedings thereon, to the 
Clerk of the Court of Common Pleas and Qeni-ral Sessions for County, 

in the State first aforesaid, to be duly recorded. Herein fail not. 

Witnt'ss, II. J., Clerk of the Court of Common Pleas and General Sessions, for 
County, at on, &c. 

(Seal of the Court.) H. J., C C. P. ic G. S. 



298 MANUAL. 



Forma, for use of Clerks. 



163. Certificates to be annexed to the Writ in its execution. 

Renunciation or relinquishment, taken by Commissioners. 
The State ok 



County, 



) fiS. 



I, E. B., the wife of A. B., upon private and separate examination before 

Commissioners appointed by virtue of the annexed writ of Dcdimus Potesta- 
tem from the State of South Carolina, freely declare, that I, [Renunciation of 
Dower, as in irrit of dcd. jjotest. or in No. IGO. RelinquisJiment of Inheritance, as 
in writ, or No. 101.1 

Witness my uainc signed by my own hand. E. B. 

We, Commissioners appointed by the annexed writ of Dcdimus Po- 

testatem from the State of South Carolina, under tlie seal of the Court for 
County, in the said State, do hereby certify, that E, B., the wife of A. B., of &c., 
did this day ap|)ear before us^ and having been by us privately and separately 
examined, apart from all other persons, did freely declare, as appears above under 
her hand, and did in our presence subscribe the foregoing declaration and renun- 
ciation {or. relinquishment) in manner and form therein stated 

Given under our hands and seals, at this day of, &c. 

[LS.] 

[L-S.] 

164. Probate taken bij Commissioners. 

The State op { 

County. i ss. 

I, , one of the subscribing witnesses, to the annexed deed from A. 

B. to C. D., solemnly swear, that I was present (as in No. 159.) 

(Signed by Witness.) 

Sworn to and subscribed this day of A. D. 18 , before us. 

Commissioners appointed by virtue, &c. (asaJjove.) 

165. Return of Commissioners. 
To be endorsed on writ. 

The State of \ 

County. f 
The execution of the within writ to us directed, aj)pears by the certificates here- 
unto appended, under uur hands and seals. 

.[L.S.] 

, [L-S-J 

166'. Oath of one of the Commissioners. 

The State of ) 

County. \ 

I. . one of the Commissioners appointed by virtue of the annexed 

writ, swear, tliat the commission contained in tlie said writ was duly executed ; and 
that the execution appears in the annexed certificates, under the hands and seals 
of ( tico of) the (Commissioners. 

Sworn to and suljscribcd, this day, kc. before Magistrate. 



MANUAL. 299 



Forms, for use of Clerks. 



167. Deed of Gift. 

The State South Carolina, ) 

County. ) 

This indkntduk, made tlii.s day of . one thousand eight hun- 

dred and , between A. B., of , in tlie County and State of 

merchant [and C. B. his wife], of the first part, and B. B., of the same place, son 
of the said A. B., physician, of the second part : Wit.nessetd, that the said A. 
B.,for and in consideration of the natural love and affection, which he has unto 
the said B. B , by these i)resents does give, grant, alien, enfeoff aud confirm unto 
the said B. B., his heirs and as.signs, forever, all \^here. insert description of the 
premises '\ : Tooether with all and singular the tenements, hereditaments and 
appurtenances, thereunto belonging, or in anywi.se appertaining; and the reversion 
and reversions, remuinder and remainders, rent.s, issues and profits tliereof, and all 
the estate, right [dower and claim of dower], title, interest, property, claim and 
demand whatsoever, of the said party [or, parties] of the first part, of, in and to 
the said premises, with the appurtenances, and every part thereof : To have 
AND TO HOLD all and singular the above granted premises, with the appurtenan- 
ces, unto the said B B., his heirs and assigns, forever. 

In witness ■whereof, the party [oi, parties] of the first part has [ or, have ] 
hereunto set his hand and seal [or, their hands and seals], the day and year above 
written. 

Signed, sealed and delivered ? . -n .c^ ^ \ 

in presence of f A. B. (Seal.) 

[ Signatures of icitnesses. ] 

108. Quit Claim Deed. 

Know all men by these presents, that I, A. B., of the city of , in 

the County of , and State of , farmer [or, we, A. B.. 

of, etc., as above, and C, B. his wife], in consideration of dollars to me 

[or, us] paid by Y. Z., of , merchant, the receipt whereof is hereby 

acknowledged, have remised, released and quit -claimed, and by these presents do 
for my.self, my [or, ourselves, oar] heirs, executors and administrators, remise, re- 
lease and forever quit-claim unto the said T, Z., his heirs and assigns, all 
right, title, interest [dower and right of dowerj, property, possession, claim and 
demand whicli I [or, as we or either of us] have or ought to have, in or to all] Jiere 
insert description of premises], TO have and to hold the said premises unto the 
said Y. Z.,his heirs and aisign.s, to his and their only pr;)per use and behoof for- 
ever ; so that neither I, the said A. B., or any other person in my name and behalf 
[or, we, the said A. B. and C. B., or either of us. or any other person in ouroreither 
ot our names and behalf] shall or will hereafter claim or demand any right or ti- 
tle to the pr(!mises, or any part thereof; but they, and every of them, shall by 
these presents be excluded and forever barred. 

In witness wniEUKOF. I [or, we ] have hereunto set my hand and seal] or, our 
hands and seals], this day of , in the year one thousand eight 

hundred and 

Signed, sealed and delivered ) A. B. (Seal ) 

in the presence of ] 



300 MANUAL. 



Forma, for use of Clerks. 



1G9. Warrtinti/ Deed, irith Fall Covcnantfi. 

The State op South Cahv^lina. 

This indenture, made this day of , in the year one 

thou.saud eight hundred and , between A. B., of , in tlie County 

of , and State of , farmer [and C. B. his wife ], of the first 

part, and Y. Z., of tlie sanic3 place, merchant, of the second part, WITNESSETH : 
That the said party [or, parties] of the first i)art, in consideration of the sum of 
dollars, lawful money of tlie United States, to hira [or, them] paid by the said par. 
ty of the second part, at or before the ensealing and delivery of these presents, the 
receipt whereof is hereby aclcnowledged '. and the said party of the sceond part , 
his heirs, executors and admiuis'.ritors, forever, released And discliarged from the 
same by thcsa presents, has [ or, have J granted, bargained, sold, aliened, remised, 
released, conveyed and confirmed, and, by these presents, does [or, do] grant l)ar. 
gain, sell, alien, remise, release, convey and confirm unto the said party of the 
second part, and to his heirs and assigns forever, all [lierc insert descriptwn ] ; to- 
gether with all and singular the tenenients hereditaments and appurtenances 
thereunto belonging, or in any wise appertaining, and the reversion and rever- 
sions, remainder and remainders, rents, issues and profits thereof ; and also all 
the estate, right, title, interest [dower and right of dower], property, posses- 
sion, claim and demand whatsoever, both in law and in equity, of the said party 
[ or, parties ] of the first part, of, in and to the above-granted premises, and every 
part and parcel thereof, with the appurtenances : To have and to hold all and 
singular the above grantedpremises, togetlier with the a[)purteiiances and every 
])art thereof, unto tlie said party of the second part, his heirs and assigns, forever. 
[ If there is any enemahrance state it thus : subject, however, to a certain indent- 
ure of mortgage for dollars, and dated , 18 , and re- 
corded in the office of , in Liber of Mortgages, at page 
and also subject, etc.] 

And the said A. B. \_not naming the wifel, for himself, his heirs, executors and 
administrators, does covenant, promise and agree to and with tlie said party of the 
second part, his heirs and assigns, that the said A. B., at the time of the sealing 
and delivery of these presents, is lawfully seized in his own right [o7' otherwise, as 
the case may be], of a good, absolute and indefeasible estate of inlieritance, in fee- 
simple, of and in all and singular the above granted and described premises, with 
the appurtenances [if conveyed subject to encumbrance, say, subject as a(or(>said] ; 
and has good right, full power and lawful authority to grant, bargain, sell, and 
convey the same, in manner aforesaid. And tliat the said party of 'he second 
part, his heirs and assigns, shall and may at all times hereafter, ])eaceably and 
quietly have, hold, use, occupy, possess and enjoy the above-granted premises, a.id 
every part and parcel thereof, with the appurtenances, without any let, suit, troub- 
le, molestation, eviction, or disturbance of the said party [or, parties] of the first 
part, his [or, their] heirs or assigns, or of any other person or persons lawfully 
daimin"- or to claim the same ; and that the same are now free, clear, discharged 
and unencumbered of and from all former and other grants, titles, charges, estates, 
iudo-ments, taxes, asse.ssments and encumbrances, of what nature or kind soever^ 
[if conveyed, suhject to an encumbrance, say, except as aforesaid]. And also, 
that the said party [or, parties] of the first part, and his [or their] heirs, and all 
and every other person or persons whomsoever, lawfully or equitably deriving 
any estate, right, title or interest, of, in or to the above granted premises, by, from, 
under or in trust for him [or, them], shall and will at any time or times hereafter 
upjn the re.v=^:v.iable repies*, and at the jjr >p"r costs and charges in the law of 



MANUAL. 301 

Forms, for use of Clerks. 



tlie said party of tlie second part, his heirs and assign?, make, do and execute, or 
cause or procure to be made, done and executed, all and every sudi further and 
other lawful and reasonable acts, conveyances and assurances in the law, for tlie 
belter and more effectually vestiiiir and contirnaini;; the premi.-es liereby granted or 
intended so to be in and to the said party of tiie second part,, his heirs and assigns, 
as by their counsel , learned in the law, shall be reasonably d(; vised, or recjuired. 
And the said A. B. [not naming trife] and his heirs, the above-desnbed and he're- 
by granted and released i)reniises, and every part and parcel thereof, v. ith the ap- 
purtenances, unto the said party of the second part, his heirs and assigns, 
against the ?aid parties of the first part and their heirs, and against all and 
every person or perj^ons whomsoever, lawfully claiming or to claim the same, 
shall and will warrant, and, by these jiresents, forever defend. 

In WITNUSS whereof, the said party [or, parties] of the first part has [or, have] 
hereunto set his hand and seal [or, their hands and seals], the day and year first 
above written. 

Signed, sealed and delivered | 

iu the presence of f /Signatures and f<calfi. 



[Signatures of witnesses.] 



170. Lease of Eeal Property. 



State of South Carolina 
Count 



Tnis TiTDENTURE. made this day of , in the year one thousand 

eight hundred and , between A. B., of , in the County of , and 

State of .merchant, of the first part, and Y. Z., of , ia 

the said Ci)unty, farmer, of the second part, -WITNESSETH : That the party of the 
first part has hereby let and rented to the party of the second part, and the party 
of the second part has hereby hired and taken from the party of the first part 
[here insert hrief discription of the premises — e.g., thus ]: all those three brick 
■warehouses and premises known as Nos. 9. 11 and 13 King.street, in the City of 
, with the appurtenances, far the term of years, to com- 

mence the day of , 18 , it the yearly rent of 

dollars, ])ayable in equal quarterly payments on the usual quarterly days [or, on 
the first daj'S of May, August, November and February ], in each year. And it 
IS AGHEED that if any rent shall be due and unpaid, or if default shall be made 
in any of the covenants herein contained, then it shall be lawful for said party of 
the first part to re-enter the said premises, aud to remove all persons therefrom 
[ maj add, the party of the first part hereby waiving any notice to quit or of in- 
tention to re enter, under the Statutf^ ]. 

Aud the said party of the second part covenants to pay to the said party of the 
first part the said rent, as herein siJf'iIfied, and thai at the expiration of the said 
term, or other determinaLlon of this lease, the said party of the second part will 
quit and surrender the premises hereby demised in as good state and condition as 
reasonable use aud wear thereof will permit, damages by the elements excepted 
and the said party of the first part covenants that the said party of the second part, nm 
paying the said yearly rent, and performing the covenants aforesaid, shall and 
may peaceably aud (juietly have, hold and enjoy the saiddemisctl premises for the 
term aforesaid. 

Is WITNESS WIIEUEOF, the ixirtlcs hereunto have intercLangably set their liands 
and seals, this day of , ouit thousand eight hundred aud 



302 



MANUAL. 



Forms, for use of Clerks. 



Si<rn«d, Healcil and dolivcred 
iu tlio presence 

[ Signatures of loitnesnes.] 



[ Signature and seal. ] 



171. Attestation of a Deed i/i irhirh Erasures or Interlineations Appear. 

In witness aviiereof, the said paity of tbe first part has hereunto set his 
hand and seal, the dav aud rear first above written. 



Sealed and delivered iu the presence "~| 
of ( the word "five," on the first 
page, was erased, tlie words "be 1 
the same more or less" written over i 
an erasure ; on tlie second page, f 
the words "or assigns," interlined 
in tliree places, and the word 
"forthwith" cancelled on the third 
page, before execution ). 

[Signatures of witnesses.'] 



\ Signature and Seal. ] 



172. Statutory Lien on Crop. 

State of South Cakolika 

Memorandum of Agreement made and entered into this day of 

Anno Domini eighteen hundred and between W. C. B. and T. D. J, 

merchants and factors, of the City of ,trading under the 

name and style of W. C. B., & Co. of the first part ; and H. H. W. of 
County, Planter, of the second part. 

Whereas the said W.'C. B. & Co., parties of the first part, have already made 
certain advancas in money and supplies, to the said H. H. W., party of the second 
part, and have, and do hereby agree to continue such advances, to an amount not 
to exceed in the aggregate the sum of dollars, to enable the said H. H. 

W. to carry forward the plantmg and cultivation and harvesting of his crop of 
Cotton and Rice on his plantation in said County known as 

on condition that the said 11. H. W. will give to the said W. C. B. & Co. a Lien up. 
on the entire Crop of Cotton and Rice raised by him on said plantation during the 
year 18 to secure tlie re-payment of the sums advanced by the said W. C, 

B. & Co. with intererit thereon at the rate of per centum per annum- 

in accordance wltii the provisions of the Act of the General Assembly of this 
State entitled "A-U Act to secure Advances for Agricultural purposes" ratified 
September 20th, 18(50. Xow know all men that I, H. H. W., party of the second 
])art, in consideration ot the premises, to wit : the advances already made and 
those to be made by the said W. C. B. & Co., the party of the first part to me, the said 
])arty of the second jjart, in manner and form as aforesaid, have given, and do 
hereby give to the said W. C. B. & Co. a lien upon the entike cro]) raised upon the 
jilantation during this year, in tlie cultivation of which the entire sum of the ad- 
vances so made by said W. C. B. & Co. shall be expended, such lien to have prefer- 
ence and precedence over all other liens and incumbrances whatsoever, existing, oi" 
otherwise, to the full extent of such advances and the interest thereon as afore- 
said, in accordance with the terms of the Aft of the General Assembly of 
1hi^ State, ratified on t'vj -ij.h day of Se;)'e.ub?r, A. D. ISOO, entitled "An 



MANUAL. 303 



Forms, for use of Clerks. 



Act to secure Advances for Agricultural purposes" and subject to all the provisions 
and conditions of said Act. And I do f \irtlier agree to send to the said W. C. B. & Co. 
for sale on commission my entire Crop of Cotton and Kice (except such part tliereof 
as may be retained for the use of my family ) as soon as said crops can be harvested 
and prepared for market ; and to allow and pay the said W. C. B. & Co. the usual 
commission on sales, with ordinary costs and expenses. 

lu witness wliereof the said parties have interchangably hereunto set their 
hands and seals on the day and year rlrst above mentioned. 

Signed, sealed and delivered ) W. C. B. & Co. [ L. 8. ] 

in presence of j bv T. D. J. 

M. T. H. H. W. [ L. s. ] 

Soutli C'arolinn, ) 

County. ) Personally appeared before me T. M . and made oath 
that he saw the w.thin named W. C. B. & Co. and H. H. W. sign, seal, and as their 
act and deed deliver the foregoing (or within lien ), and that he attested the ex- 
ecution thereof as a subscribing witness. 

Sworn before me, this } 
day of 18 J 

n. J. c. c. V. 

In executing a lien of this kind it often becomes necessary to make two pro- 
bates — the parties residing in different Counties and not meeting to transact the 
business ; in which case after "T. M." .sliould be added witness to signature of W. 
C. B. & Co., and S. L. witness to signature of H. H. W., and below the additional 
probate, And all these forms of Deeds, Leases or Liens mud be proved before an OfE- 
cer qualified to take acknow-edgnients and probate, to render them valid, or to ena- 
ble tlie Register to record them. 

173. Drcd irith Warra/iti/. 
Statk of South Cai40lina : 

Know all men by these presents, that I, A. B., of , in the State 

aforesaid [farmer], in consideration of , to ine paid by Y. Z., in the 

State afore.-aid, have granted, bargainid, sold and released, and by thtse presents do 
grant, bargain, sell and release unto the said Y. Z., all that [Zicrc describe the land'l 
together with all and singular the rights, members, hereditaments and apj)urte- 
nances to the said premises belonging, or in anywise incident or appurtenant- 
To HAVE AND TO HOLD all and singular the premises before mentioned, unto the 
said Y. Z., his heirs and assigns, forever. And I DO hekeby bind myself, and 
heirs, executors and administrators, to warrant and forever defend all and singu- 
lar the said premises unto the said Y. Z., his heiis and assigns, against myself^ 
ray heirs, and against every person whomever lawfully claiming, or to claim the 
same, or any part ther"of. {j ) 

Witness my hand and seal, this day of , in the year of 

our Lord one thousand eight hundred and , and in the year 

of the Independence of the United States of America. 

Signed, sealed and delivered | [Signature and seal.] 

in the presence of f 

[Siffuatures of two icitnefscs.] 

(j) 'Jliis is Leld loircpori :ill tlie five c< veiiuiUi- ; aeizin. rijrLt to convev. quiet euju^ aiciil, 're« 
iro-ri fnciiiiiliratxiiK, :iiid in t'll,—t liVo lurther sssuruic ■. J Hrr r. Oicnii. !<. Itioii 3T4. 



304 MANUAL. 



Forms, for use of Clerks. 



174. Abstract of Title. 

Ahstu.vct ok TiiK Title 
of 
G. W G. 

To i>reiuis('s lying and being in Beaufort County, in tlic State of South Caro- 
lina, and dt'soribed as follows : 

That plantation of land containing one thousand acres, lying on both sides of 
Coosawhatchie Swamp, and long known as "Walkill Tract." This parcel of land 
is a part of what anciently embraced some 5000 acres and was known together as 
"Scott's Reserve," but the Walkill Tract was resurveyed and set off as early as 
1790, and conveyed by the then owner, an ancestor of the Goethe family, to J. M. 
M. who on the 20th March 181(5, conveyed the same to F. P. from whom the pres- 
ent tittle is de()uced. 

I. 

J. M..M., and T. M., his wife ) Deed dated 20th of March 1816. Recorded 
to [ in Book 33, page 400. Condition, $5000. 

F. P. ) 

Conveys all that plantation containing 1000 acres, lying on both sides of Coo- 
sawhatchie Swamp in Beaufort County, bounded north by the Orangeburgh post 
road, east by lands of estate of B. M. B., south by lands of A. B. A., and west by 
lands supi)osed to belong to estate of Dawson. Warranty against grantors only. 
Deed duly jiroved, and dower separately relinquished. 

II. 

F. P. ) Agreement for sale of premises, dated 5th June 

with > 1840. Recorded in Book 51, page 27. Condition 

G. H., and J. K.. . ) $7,200. 

Agrees to convey same premises, to wit : Walkill Tract, with same discription, 
except that south bounding is the estate of A. B. A. 

F. P. died before the agreement was carried into effect, leaving six minor chil- 
dren, but no widow, to wit : James, Eliza, William, Emily, Charles and Char- 
lotte. 

M. P., on the 8th September, 1840, appointed guardian of the Bix minor children 
ofF P. 

On the 15th January 1841, the Court of Chancery order M. P. guardian of said 
minors, to convey the said property in their behalf to G. H. and J. K., pursuant to 
agreement. 

III. 

James, Eliza, William, Enuly,l Deed, dated 20th July 1841, Recorded Ist 

Charles and Charlotte. ]■ August 1841, in Book 5G, paare 139. 

by M. P., their ) 

guardian ) 

to [ 

Q. II. and J. K. ) 

Recites agreement of 5th June 1840, death of F. P., appointment of M. P., as 
guardian, aud the order of the Court above mentioned, and in consideration of the 
premises, conveys the premises, by the same description as in No. 2. No cove- 
nants. 



MANUAL. 305 



Forms, for use of Clerks. 



IV. 

Will of I Dated February 5th 1843. Proved October 20tk 1843. Re- 
J. K. j corded" in Book 10, of wills, page 300. 

Devises all of the real property of J. K., the testator, mentioning among other 
lands one undivided half interest in the lands known as the Walkill Tract, unto 
A. L. and B. K., his executors, in trust to sell the same, and Avitli the proceeds to 
defray certain debts and legacies. 

It api>ears that the wife of J. K., Annette, died a year <»r two previous to hia 
death. 



G. H, and Marv his wife ) Deed dated April 18th 18G4. Recorded April 27th 

and A. L. and B. K. [- 1804, in Book 03, page 521. Condition, |3,000. 

Executors of J. K., ) 

to ) 

S, T. ^ 

Conveys all that portion of the Walkill Tract, lying on the northerly side of 
the Coosa what chie Swamp, coutaiuing 513 acres more or less, bounded north by 
the Orangeburg post-road, east by lands of estate of B. M. B., soutlx by the said 
Swamp, dividing the said tract nearly into equal portions, and west by lands of 
Dawson. Pull covenants against grantors, and Mary the wife of G, H. separately 
examined. 

VI. 

G. H. and Mary his wife) Deed dated April 18th 1864. Recorded April 28th 
and A. L. and B. K„ - 1804, in Book C3, page 527. Condition .$11,500. 
Executor of J. K., ) 
to ( 

B C. J 

This conveys all the southern portion of the Walkill Tract containing 487 
sicres, more or less, and described as above, with convenants as in last named deed 
sLnd separate relinquishment of dower by Mary wife of G. H. 

VII. 

S. T. I Deed dated 1st May 1872. Recorded May 10th 1872, 

to J iu Book 75, page 29. 

A. C. Trustee of marriage ) 
Settlement of B. C. | 

Conveys to A. C. Trustee of the marriage settlement of B. C, the owner of the 
southerly half of Walkill Tract, the northerly half, and thus unites the several 
portions into one with the same boundaries as in the first conveyance from J. Mv 
M. and J. M., to F. P. 

VIII. 

S. T. and wife B. T.. / Deed dated January Ist 1873. Recorded ia iBook 81, 

and Trustee A. C. ) page 371, January 10th 1873. 

to / 

G. W. G. S 



306 MANUAL. 



rcirms, for use of Clerks. 



Recites tlie niarria2;e settlement last mentioned, and gives same original boun- 
daries, with full warranty. 

Now on examination of tlie various transfers above mentioned, and the search- 
es annexed, I am of the opini(m that G. W. G., is seized of a good estate in fee- 
simple in the premises in question. 
(Date.) {Signnture of Counsel.) 

(Here should follow the official certificate of the Register of Deeds, County 
Clerk or other officer, showing the piemises to be free and clear of all incum- 
brance, except such as may be disclosed in the abstract.) 



175. Warrant of Survey. 

State op South Carolina, ) Office of the Commissioner of Locations. 
County. [ 

H. J., Clerk of the Court of Common Pleas and General Sessions, as Commis- 
sioner of Locations for the Cointy aforesaid : 

To G. R., or some other lawful Deputy Surveyor for the said County. 

You are hereby authorized and required, with proper attention to the instruc- 
tions of the Surveyor General, to lay off and to locate unto C. D., a tract of vacant 
land within the County aforesaid, which has been entered by him, and will be 
shewn to you m his Lehalf : And to return this warrant, when executed, together 
with a true and correct plat of the survey you may make under it, certified by 
you, into this office within two calendar months from the date thereof. 

Given under my hand and seal of office, at this day of, &c. 

TFhe Deputy Surveyor returns his plat asfdlows :[ 

In pursuance of a warrant from H. J., &c., granted to C. D., on day of 

, I have laid off and located t«. the said C. D. r. tract of land, contain- 
ing acres, situate, &c.,and having such shape, marks, buttings and 
boundings as are repi-esented by the annexed plat. 

Surveyed day G. R., Deputy Surveyor. 

The Commissioner records the warrant in one book, and the return and plat in another, and, if 
the fees are paid, transmits the original plat to the Surveyor Genera)''- 0£Qce, within three months 
from its delivery to him — Having first endorsed on the said plat, as follows ; 

Recorded day 18 , in Book A., page 120, and certified for C. D. 

H. J., Clerk, & Commissioner of Locations. 

17G. KlajMed lands : In the Location Office. 

When the limited time has elapsed— six months irom survey— and land located has not alter re- 
tnru to the Commissioners, been passed t!.ron<;h the Location Office by payment of the fees, the 
Commissioner may certi'y tiie bin vey for any person who will apply for it and pay the fees. Thi» 
ie done by vvriting ou the original plat thas : 

I certify for G. IL, the within survey made for A. B., and now elapsed. 

11. J., Ckrk, & Commissioner of Loailions, 



MANUAL. 307 



Forms, for use of Clerks. 



In like manner, nnJcr Act 1785, 4 Staf. 710, nftcr ax months plapsed from tlio survey, and no 
grant obtained, anv person mav obtain a srant bv puvin? tlie fees, if ilie plat be In the Surveyor 
General's OfKce; or by obiaininc a copy oft'ie vlar, tor itie Location Office, if the origiiial plat 
bos passed tliroueh that office, aud not trausmitied to t'le •^urveror Ueneral. Upon me copy 
t'le Commissioner should (after exact copy of the Survevor'fi reiurn, and of the certificate of re- 
cordins,) endorse : 

A true copy from my hook Certified tliis day of 

for G. II., who ai)plios for it, ?.s a survc}- of the ekip.sed kind. 

n. J., Clerk and Commissioner of Locations. 

177. Notice to oicners of lands through ichich right of iray is required. 

State of South Caroltn.v, } 

County. J In the Court of Common Pleas. 

To X. r. z. 

Please take notice, that the Railroad C<mipany, a corporation having a 

■charter to construct a railroad through the said County, have duly filed their pe- 
tition in writing before the Honorable J. J. M., Circuit Judge, praying for the 
empannelling of a jury to ascertain the amount which shall be paid as just com- 
pensation for the right of way through certain land.s owned and occnpied by you, 
and on hearing the said petition, and on motion of W. V., Esq., Attorney for Peti- 
tioners, the said Judge has ordered the Clerk of the Court to empanel a jury of 
twelve to ascertain the compensation for the land required : Therefore on Monday 
the day next, the said Clerk will, upon the spot designated in 
said petition and order proceed to empanel the said jury, for the purpose of ex- 
amining the said lands, aui ascertainiug the compensation to be made for the right 
of way over the same. 

Witness H. J., Clerk of the said Court at tlie day of A, D. 

18 

(Seal.) n. J., Clerk. 

See Oen. Stat., .334, 325, for manner of nrocei.lina in case of appeal from award of Jury. 



cj-A.i'a:«33xr ode* :£^je:cojfs.3I!»ss.