Lancaster, on the first Monday of February, June and October; and the A. D. 1870. 3. The Court of General Sessions at Yorkville, for the County of York, York. on the first Monday of March, July and November; and the Court of Common Pleas at Yorkville, for the County of York, on the first Wednesday after the first Monday of March, July and November. Union. 4. The Court of General Sessions at Unionville, for the County of Union, on the first Monday of April, August and December; and the Court of Common Pleas at Unionville, for the County of Union, on the first Wednesday after the first Monday of April, August and December. SEC. 24. The Circuit Courts in the Seventh Circuit shall be held as fol- Seventh Cir lows: 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 Pleas at Newberry, for the County of Newberry, on the first Wednesday 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 Laurensville, for the County of Laurens, on the first Wednesday after the third Monday of February, June and October. cuit. Newberry. Laurens. 3. The Court of General Sessions at Spartanburg, for the County of Spartanburg. Spartanburg, on the third Monday of March, July and November; and the Court of Common Pleas at Spartanburg, for the County of Spartanburg, on the first Monday after the third Monday in March, July and November. SEC. 25. The Circuit Courts in the Eighth Circuit shall be held as Eighth Cir follows: cuit. 1. The Court of General Sessions at Greenville, for the County of Greenville. Greenville, on the second Monday of January, May and September; and the Court of Common Pleas at Greenville, for the County of Greenville, on the first Wednesday after the second Monday of January, May 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, for the County of Anderson, on the first Wednesday after the fourth Monday of January, May and September. 3. The Court of General Sessions at Walhalla, for the County of Oconee, on the second Monday of March, July and November; and the Court of Common Pleas at Walhalla, for the County of Oconee, on the first Wednesday after the second Monday of March, July and November. Anderson. Oconee. 4. The Court of General Sessions at New Pickens, for the County of Pickens. Pickens, on the fourth Monday of March, July and November; and the Court of Common Pleas at New Pickens, for the County of 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 Ab- Abbeville. A. D. 1870. to hold Circuit Courts. beville, on the third Monday of February, June and October; and the Court of Common Pleas at Abbeville, for the County of Abbeville, on the first Wednesday after the third Monday in February, June and October. SEC. 26. The Judges elected and commissioned for the several Circuits The Judges shall hold the Courts of Common Pleas and General Sessions for the several Counties in their respective Circuits: Provided, Said Judges shall interchange Circuits, upon their request to, and order of, the Chief Justice, or upon the order of the Chief Justice without such request, whenever, in his judgment, it shall be deemed advisable. Judge's pow mon Pleas. Special Ses cuit Courts. SEC. 27. Should the business before the Court of General Sessions, at er to adjourn any term, not be completed on the arrival of the day fixed by law for the Court of Com- holding of the Court of Common Pleas for said County, the Judge presiding may, in his discretion, adjourn said Court of Common Pleas until the said business of the Court of General Sessions shall have been concluded. SEC. 28. The several Circuit Judges shall have power to hold special sions of Cir- sessions within their respective Circuits, at any time in their discretion, or at the discretion of the Chief Justice, of which the Judge presiding shall give such notice as the Chief Justice may direct, or as may, in his judgment, be necessary, should no directions be given. The Clerk of such Court shall, at least fifteen days before the commencement of such special session, cause the time and place for holding the same to be notified, for at least two weeks, successively, in one or more of the newspapers published nearest the place where the session is to be holden. All processes, writs and recognizances of every kind, whether respecting juries, witnesses, bail, or otherwise, which relate to the cases to be tried at the said special session, shall be considered as belonging to such sessions, in the same manner as if they had been issued or taken in reference thereto. All business depending for trial at any special session shall, at the close thereof, be considered as of course removed to the next stated term of the Court. Said special session shall be held in pursuance of an order which shall be transmitted to the Clerk of the Court, and by him entered on the records of the Court. SEC. 29. Petit jurors summoned to attend the Court of General SesPetit Jurors sions in any County, except the County of Charleston, shall also attend Common and serve as jurors for the Courts of Common Pleas next ensuing in and eral Sessions. for said County. in Adjournment SEC. 30. The Judge of the Circuit Court shall have power to direct of the Circuit any Circuit Court in his Circuit to be adjourned over to a future day, designated in a written order to the Clerk of said Court, whenever there is a dangerous and general disease at the place where said Court is usually holden. Courts. Qualification of Judges. SEC. 31. The Judges elected and qualified by taking the oath prescribed in the thirtieth Section of the second Article of the Constitution, which oath, to the Judges under the first election, shall be administered by the Governor of the State of South Carolina, who is hereby empowered to administer the same, and to the Judges under any subsequent election by one of the Justices of the Supreme Court, shall forthwith enter upon their duties. SEC. 32. The Circuit Courts herein established shall be the Courts of Circuit Courts record, and the books of record thereof shall at all times be subject to the of Record. inspection of any person interested therein. made Courts A. D. 1870. Clerk and of the Circuit SEC. 33. The Clerk elected in each County under the provisions of Section 27 of Article IV of the Constitution, shall be Clerk of the Courts of General Sessions and Common Pleas, and may appoint a deputy, who may perform the duties of Clerk, for whose acts such Clerk shall be re- Deputy Clerk sponsible; and a record of whose appointment shall be made in the Court. Clerk's office; and such appointment may be revoked at the pleasure of the Clerk; and in case no Clerk exists, the Judge shall have authority to appoint a person, who shall perform the duties of Clerk, and said Deputy Clerk, or the one appointed by the Judge, shall be required to give the usual bond before entering upon the duties of the office. Transfer of causes from the Courts of SEC. 34. All suits in Equity depending in the Courts of Chancery, and not finally disposed of, and the property and records relating thereto, on the first day of January, A. D. 1869, shall be transferred to the Courts Chancery. of Common Pleas in and for the respective Counties, and shall be entered upon the dockets of said Courts for the stated term thereof next ensuing, and thereupon shall be heard, tried and determined, with all rights respected and preserved, in the same manner as if originally brought there: Provided, That no cause shall be transferred to the dockets of the Courts aforesaid, not cognizable therein under the Constitution: Provided, further, That all causes depending as aforesaid, and the property and records pertaining thereto, cognizable under the Constitution in the Courts of Probate, shall be transferred to said Courts. TITLE IV. PROBATE COURT. SEC. 35. Sessions. 36. Court of Record. 37. Duties of Clerk. 38. Jurisdiction of Judges. 39. In relation to Guardians. 40. Titles and partition of Real Estate. 41. Settlement of Estate in the County where will proved. 43. Judges not to act when interested. When Judges of adjoin- 44. Power to administer Oath. 45. Probate Court may issue Warrants and Processes. 46. In cases of Contumacy may commit to Jail. 47. When Depositions may be taken and used. 48. Exclusive Jurisdiction after once acquired. 49. Jurisdiction not to be collaterally impeached. 50. When minor may choose guardian; guardian interested; 51. Authorized to permit sale and settle accounts of guardian. 54. Adjournment of Court. When by Clerk. A. D. 1870. Sessions. Court of Record. Clerk. SEC. 55. Appellate jurisdiction of Circuit Court. 56. Jurisdiction of Supreme Court in Probate matters. 57. Appeal to the Circuit Court to be taken within fifteen days. 58. Appellant to give bond to prosecute appeal. 59. Grounds of appeal to be filed. 60. Certified copies of record to be filed in Circuit Court. 61. Proceedings stayed by appeal. 62. How Circuit Court proceed to the trial. 63. Costs given to prevailing party. 64. Appellant neglecting to enter appeal, judgment affirmed with costs. 65. Final decision to be certified to Probate Court. 66. Probate Judge not to have voice in determining appeal. When may practice law. 67. All proceedings to be commenced by petition. 68. Supreme Court to make rules. 69. County Commissioners to provide all books, etc. 71. Processes of Court-how executed. 72. Judge may commit lunatics, etc., to Lunatic Asylum. 73. Laws of Provisional Government, how far adopted. Transfer of record. SEC. 35. A Court of Probate is hereby established in each of the several Counties in the 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 the business may require. SEC. 36. The Court of Probate shall be a Court of Record, and have a seal, may appoint a Clerk, and may remove him at pleasure, and on failure of the Court to appoint such Clerk, the Judge of the Court may perform all the duties of Clerk. SEC. 37. The Clerk of the Court of Probate shall keep a true and fair Duties of the record of each order, sentence and decree of the Court, and of all other things proper to be recorded; and on the legal fees being paid, shall give true and attested copies of the files and proceedings of the Court. All copies so attested shall be legal evidence in the Courts of this State. SEC. 38. Every Judge of Probate, in his County, shall have jurisdicJurisdiction tion in all matters testamentary, and of administration in business appertaining to minors and the allotment of dower, cases of idiocy and lunacy, and persons non compotes mentis. of Judges. to Guardians. SEC. 39. The Judge of Probate shall have jurisdiction in relation to In relation the appointment and removal of guardians of minors, insane and idiotic persons, and persons non compotes mentis, and in relation to the duties imposed by law on such guardians, and the management and disposition or the estates of their wards. He shall exercise original jurisdiction in relation to trustees appointed by will in cases prescribed by law. Titles partition real estate. SEC. 40. He may exercise jurisdiction of all petitions for partition of and real estate where no dispute exists in relation to the title thereof; and of when the title to such real estate is disputed, he shall refer the same to the Circuit Court for adjudication, unless the parties shall consent to his determination of the same. The probate of the will and the granting of administration of the estate of any person deceased shall belong to the Judge of Probate for the County in which such person was last an inhabitant; but if such person was not an inhabitant of this State, the same shall belong to the Judge of Probate in any County in which the greater part of his or her estate may be. A. D. 1870. Settlement of estate in will is proved. SEC. 41. All proceedings in relation to the settlement of the estate of any person deceased shall be had in the Probate Court of the County in County where which his will was proved or administration of estate was granted. SEC. 42. All proceedings in relation to the property or estate of person under guardianship shall be had in the Court of Probate of County in which the guardian was appointed. any All proceed to estates under guardianship had in interested.- SEC. 43. No Judge of Probate shall act as such in the settlement of Court of Proany estate wherein he is interested as heir or legatee, executor or admin- bate. Judges not istrator, or as guardian or trustee of any person; in every such case the to act when Judge of Probate of any adjoining County shall have jurisdiction, and In such cases it shall be his duty, upon application, to attend at some term of the Court Judges of adjoining Counof Probate in which such case may be pending, which shall not interfere ty to act. with the duties in his own County, and hear and determine such case. SEC. 44. The Judge or Clerk of the Probate Court shall have power minister oath to administer all oaths necessary in the transaction of business before the Probate Court, and all oaths required by law to be administered to persons executing trust under the appointment of said Court. Power to ad The Probate sue Warrants SEC. 45. Probate Courts may issue all warrants and processes, in conformity to the rules of law, which may be necessary to compel the at- Court may istendance of witnesses, or to carry into effect any order, sentence or decree and Processes of such Courts, or the powers granted them by law. contumacy to commit to jail SEC. 46. If any person shall refuse or neglect to perform any order, In cases of 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 be no jail of the County, then in the jail of the adjoining County, until he shall perform such order, sentence or decree, or be delivered by due course of law. When depositions may SEC. 47. When a witness whose testimony is necessary to be used before any Probate Court shall reside out of this State, (or more than thirty be taken and miles from the place of holding Court,) or by reason of age or bodily in- used. firmity shall be unable to attend in person, the Court may issue a commission to one or more competent persons to take the testimony of such witness; and depositions taken according to the provisions of the law for taking depositions to be used on the trial of civil causes may be used on the trial of any question before the Probate Court where such testimony may be proper. risdiction after once ас SEC. 48. When any Probate Court shall have first taken cognizance of Exclusive juthe settlement 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 exclusion of all other Probate Courts. quired. not to be col SEC. 49 The jurisdiction assumed by any Probate Court in any case, Jurisdiction so far as it depends on the place of residence or the location of his estate, laterally imshall not be contested in any suit or proceeding whatever, except in an peached. appeal from the Probate Court in the original case, or when the want of jurisdiction appears on the record. SEC. 50. When, by law, a guardian is required to be appointed of a minor, who is interested as heir or legatee, or representative of such heir |