Acts relating to Courts.

A. D. 1808.

Courts of ap; peal establish

IV. And be further enacted by the authority aforesaid, That a court of appeal for the court of equity shall be, and the same is hereby, established which said court shall exercise appellate jurisdiction in all cases brought up ed. from the circuit, and shall be holden at Charleston court-house for the southern circuit, on the first Monday in January, and on the second Monday in March, in every year, and at Richland court-house, for the northern and western circuits, on the first Tuesday next after the ending of the common pleas circuits, in every spring and fall of the year; and it shall be the duty of all of the judges of the court of equity to attend at the said courts of appeal, and to hear and try all appeals that may be brought up from the circuits hereby annexed to the said courts, respectively.

to be made.

V. And be it further enacted by the authority aforesaid, that any person who wishes to appeal from any order or decree of any judge presiding on Appeals, how the circuit, shall, before the rising of the court at which such order or decree is made, state, in writing, the grounds upon which he intends to appeal, and deliver the same to the said judge, and serve the opposite party, or his solicitor, with a notice thereto annexed, that he intends to appeal from the said order or decree, at the next court of appeals for the said circuit; and that the said appellant shall thereafter be at liberty to move to have copies of all the necessary papers sent up to the court of appeals, and to place his cause upon the docket of the same, at any time before the sitting of the court, without being subject to any other rules or forms heretofore adopted.

make orders of

VI. And be it further enacted by the authority aforesaid, That it shall hereafter be in the power of any one judge in equity, in chambers, to make Judges may orders of reference to the master or commissioner, in any cause depending reference in in the court of equity, which is ready for a reference, before the final hear-chambers. ing of the same; provided, the party applying for such reference shall have given ten days notice to the opposite party, of the time and place and judge before whom he means to make a motion for such reference.

Judges may

VII. And be it further enacted by the authority aforesaid, That it shall be the duty of the judges in equity to make all further rules and regulations make rules which may be necessary to carry this Act, and all former Acts respecting the said court, more fully into effect.

and orders.

lumbia.

VIII. And be it further enacted by the authority aforesaid, That all papers appertaining or relating to causes in the court of equity, which have Papers to be heretofore arisen in those districts by this Act comprehended in Columbia removed to Codistrict, shall be transferred to the office of the commissioner of the said district; and that a commissioner in equity shall be appointed as heretofore Commissioner by the Govorner, for the said district, who shall exercise all the powers as to be appointed a master and register in equity, both for the circuit court and the court of appeals to be holden at Richland court-house, as by this Act is diected.

for Columbia.

IX. And be it further enacted by the authority aforesaid, That the sheriff Sheriff of Richof Richland for the time being, is hereby authorized and required to exer- land to attend cise all the duties of a sheriff in the court of equity, both for the district of the court at Columbia and the court of appeals hereby established at Richland court- Columbia. house.

X. And be it further enacted by the authority aforesaid, That in addition. to the present number of judges of that court, there shall be elected two Two additional judges to be judges, who shall be commissioned in the same manner and perform the elected. same services as the present judges of the said court.

XI. And be it further enacted by the authority aforesaid, That all the Their salaries judges of the court of equity, who shall be hereafter appointed, shall fixed.

VOL. VII.-39.

A. D. 1808.

served.

Acts relating to Courts.

receive the same salaries as the judges of the courts of common pleas and 'sessions are at present entitled to receive by law.

XII. And be it further enacted by the authority aforesaid, That all writs of subpoena ad respondendum, issuing out of the said court of equity, shall Writs, how to be formed and require the defendant or defendants to appear in the said court on a day certain, and shall also require the defendant or defendants to file his, her or their plea, answer or demurrer, within thirty days next after the day so appointed and expressed in the said writ, for his, her or their appearance, as aforesaid; and that the said writ shall be served at least ten days before the appearance day therein expressed.

XIII. And be it further enacted by the authority aforesaid, That the Time to plead master or commissioner of the said court, or one of the judges in chammay be extend- bers, shall have power, on good cause shewn, on oath, to extend the said

ed.

Defendant or

answer.

time to plead, answer or demur, for such period as shall be deemed necessary; provided, the same does not extend beyond the time appointed for docketing the causes for the next court in the district where the cause may be depending in which such order for extension is made.

XIV. And be it further enacted by the authority aforesaid, That in case the said defendant or defendants shall not file his, her or their plea, answer defendants to or demurrer, within the time limited, as aforesaid, for the same to be filed, that the register or commissioner of the court where the cause may be depending, shall, at the expiration of the said time, grant an order that the bill shall be taken pro confesso; and unless the said order shall be set aside as hereinafter directed, the court shall make such decree therein as to the said court shall appear just and equitable, and issue the process necessary to enforce the execution or compel the performance of the said decree.

may be set

aside on application.

Attachment

XV. And be it further enacted by the authority aforesaid, That whenOrder of court ever an order shall be granted as aforesaid, that the bill shall be taken pro confesso, the court shall have power, on application of the defendant or defendants, to set aside the same on such terms as the said court may prescribe. XVI. And be it further enacted by the authority aforesaid, That whenever there shall be granted, as aforesaid, an order that the bill shall be taken pro confesso, on application of the complainant or his solicitor, stating that the answer of the defendant or defendants is necessary to enable the court to pronounce their final decree, the commissioner or register shall issue an attachment against the said defendant or defendants, to compel such answer in the usual form; and that no previous rule, requiring the said defendant or defendants to shew cause why such attachment should not issue, shall be necessary.

master and

commissioners in equity.

XVII. And be it further enacted by the authority aforesaid, That the Powers of the master of the court of equity shall, in all cases arising or pending within the equity district of Charleston, aforesaid, have the same power and authority as a judge at chambers, to grant orders for writs of ne exeat and attachment, in all cases of practice; and that the commissioners in equity, in the several other districts, shall, in all cases arising or pending within their respective districts, have power to issue writs of ne exeat and attachments, in all like cases, without any previous order, upon such evidence and under such circumstances as would authorize a judge at chambers to make orders therefor.

Former Acts repugnant to

XVIII. And be it further enacted by the authority aforesaid, That all Acts or parts of Acts, usages and customs, repugnant to this Act, be, and this, repealed. the same are hereby, repealed.

XIX. And be it further enacted by the authority aforesaid, That from

Acts relating to Courts.

A. D. 1808.

of common

and after the passing of this Act, the circuit court of common pleas for Circuit court Charleston district, shall be held on the third Monday of January in every pleas in Charyear, instead of the second Monday of that month, as heretofore by law leston, when to established.

sit.

when return

XX. And be it further enacted by the authority aforesaid, That all writs and other process, and all rules and other proceedings, returnable or con- Writs and othtinued to the said circuit court on the second Monday of January next er process, ensuing, as heretofore prescribed by law, shall be, and the same are here- able. by, declared good and valid, and they shall be in law considered as returnable and continued to the third Monday of January next ensuing; and also that the several venires under which persons have been or may be summoned to serve as jurors of the said court, on the second, third, fourth and fifth Mondays of January next ensuing, and on the first Monday of February next ensuing, shall be considered in law as returnable on the third, fourth and fifth Mondays of the said months of January, and first and second Monday of the said month of February; and that the said persons shall be bound to attend and serve accordingly.

XXI. And be it further enacted by the authority aforesaid, That from

and immediately after the passing of this Act, there shall be no other or Fees estabhigher fees taken in any suit in the court of equity, than the following, lished.

viz :

Master and Commissioner in Equity's Fees.

For every summons, thirty-seven and a half cents; taking every affidavit in writing, twenty-five cents; for every oath administered, six and a quarter cents; taking every recognizance, forty cents; taking the oaths. for every defendant to answer, out of office, and attendance, one dollar; for every attendance in office on a reference by order of court, on the summons of either party, or their solicitors, seventy-five cents; hearing and determining any contested matter, or order thereon, other than by order of reference, one dollar; making up and returning every report into court, but only one report to be charged in each suit, three dollars; commissions on sales under decrees of the court, two and a half per cent. for the first hundred, and one per cent. on all sums above; for drawing each set of conveyances, five dollars.

Register and Commissioner in Equity-Fees.

For affixing the seal of the court to subpoena or other writ, and signing the same, twenty-five cents; for affidavit of service of subpoena or other writ, twenty-five cents; for examining witnesses and taking down their depositions, nine cents per copy sheet; exemplifications of proceedings in any cause, if required, nine cents per copy sheet; for all other office copies, if required, nine cents per copy sheet; a copy sheet to consist of ninety words; for every search, twelve and a half cents; but not more than one dollar for all searches which may be necessary in any cause; for entering every cause for hearing, twelve and a half cents; examining decree, affixing seal thereto, and attending the judges in court to sign certificates of examination, one dollar; notifications to insert in gazette by order of court, and attendance on printer, thirty-one and one quarter cents; for affixing every seal, and signing every commission to take answers and examine witnesses, or for other purposes, fifty cents.

Solicitors's Fees in Equity.

Complainant's Solicitor: Preparing and filing a bill in equity, with all necessary exhibits, twenty dollars; drawing interrogatories in chief for

A. D. 1808.

Penalty for unlawful fees.

Acts relating to Courts.

complainant's witnesses, and cross interrogatories, drawing and engrossing commissions, and attending to strike commissioners where necessary, with proper instructions, ten dollars; arguing exceptions on points of law, before the master, or judge at chambers, where necessary, and attending thereon, including all charges incidental thereto, five dollars; for making and serving the briefs on the circuit judge, five dollars; and on the judges of appeal, ten dollars: drawing and engrossing decree, per copy sheet of ninety words, nine cents.

Defendant's Solicitor: For preparing and filing defendant's answer, and all necessary exhibits, twenty dollars; drawing interrogotories in chief for defendant's witnesses, drawing and engrossing cross interrogatories and commissions, attending to strike commissioners attending, where necessary, with instructions, ten dollars; arguing exceptions on points of law, before the master, or judges at chmabers, when necessary, including notices, attendance, and all incidental charges relative thereto, five dollars; for making and serving briefs on the circuit judge, five dollars; and on the judges of appeal, ten dollars; drawing and engrossing decree, per copy sheet of ninety words, nine cents; for drawing and presenting any petition, and all exhibts which may relate thereto, and briefs, if necessary, ten dollars.

XXII. Be it enacted by the authority aforesaid, That the foregoing list of fees shall be, and the same is hereby, established by law; and that if any of the officers therein mentioned, shall take or receive any other or greater reward for the services therein mentioned, or shall invent or contrive any other or further fee or reward for any of the said services, with intent to evade this law, then, and in every such case, the person or persons so offending, upon due proof and conviction, shall forfeit and pay the sum of two hundred dollars for each and every such offence, one half to the informer, and the other half to the State.

XXIII. And be it enacted, That no charge shall be allowed for copies not actually granted.

In the Senate House, the fifteenth day of December, in the year of our Lord one thousand eight hundred and eight, and in the thirty-third year of the Sovereignty and Independence of the United States of America.

SAMUEL WARREN, President of the Senate.

THEODORE GAILLARD, Speaker of the House of Representatives.

No. 1937. AN ACT TO PROVIDE FOR THE MORE EASY AND EXPEDITIOUS ADMINIS. TRATION OF JUSTICE IN THE COURTS OF THIS STATE.

I. Be it enacted, by the Honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That in all actions now pending, or hereafter to be brought on any liquidated demand, wherein the defendant or defendants shall have suffered an order for judgment to be entered against him or them, it shall not be necessary for the plaintiff or plaintiffs to prove his or their demand, or execute a writ of enquiry; but the same shall, upon motion to the court, be referred to the clerk to assertain the sum actually due, and judgment shall be entered up accordingly for the sum so ascertained; and the

Acts relating to Courts.

clerk shall be intitled to receive twenty-five cents for the same; provided always, that nothing herein contained shall deprive the defendant or defendants of the right of setting aside the order for judgment, and making such defence as is now allowable by the rules and practice of the court.

II. And be it further enacted by the authority aforesaid, That in all cases of summons and petition on liquidated demands now pending, or hereafter to be brought, in which the defendant or defendants shall make no defence, it shall not be necessary for the plaintiff or plaintiffs to prove his or their demand, but on motion to the court, decree shall be entered as if the same had been proved.

III. Be it further enacted by the authority aforesaid, That in all actions hereafter to be brought, wherein the defendant or defendants shall be held to bail by the sheriff serving the writ or process, the bail so given to the sheriff shall be entitled to all the rights, privileges and powers of special bail, and may surrender his principal in discharge of himself, or the principal surrender himself in discharge of his bail, in the same manner and to the same extent as special bail are now intitled to; any law, usage or custom to the contrary in any wise notwithstanding.

III. Be it further enacted by the authority aforesaid, That it shall not be necessary hereafter for any bail to obtain a judge's order for leave to surrender his principal.

IV. And whereas, the times of holding the courts hereinafter mentioned, has been found to be inconvenient to many of the inhabitants of this State; for remedy whereof, Be it enacted by the authority aforesaid, That from and after the conclusion of the next southern circuit, the courts of general sessions and common pleas shall be holden at the times following, instead of the times now established by law, that is to say: at Granby, for Lexington district, on the second Monday in March and October, in every year; at Columbia, for Richland district, on the third Monday in March and October, in every year; at Newberry court-house, for Newberry district, on the fourth Monday of March and October, in every year; at Edgefield court-house, for Edgefield district, on the first Monday after the fourth Monday in March and October, in every year; at Barnwell courthouse, for Barnwell district, on the second Monday after the fourth Monday in March and October, in every year; and at Orangeburgh, for Orangeburgh district, on the third Monday after the fourth Monday in March and October, in every year.

In the Senate House, the nineteenth day of December, in the year of our Lord one thousand eight hundred and nine, and the thirty-fourth year of the Independence of the United States of America.

SAMUEL WARREN, President of the Senate.

JOSEPH ALSTON, Speaker of the House of Representatives.

A. D. 1809.