TITLE XV. "real proper GENERAL PROVISIONS. SEC. 466. Definition of real property. 469. Definition of Clerk. 470. Rule of construction. 471. Inconsistent statutory provisions repealed. 475. Proceedings by mandamus and prohibition not af Definition of SEC. 466. The words "real property" and "real estate," as used in this Code of Procedure, are co-extensive with lands, tenements, and hereditaments. ty." Definition of "personal property." "property SEC. 467. The words "personal property," as used in this Code of Procedure, include money, goods, chattels, things in action, and evidences of debt. Definition of SEC. 468. The word "property," as used in this Code of Procedure, includes property, real and personal. Definition of "Clerk. Rules of con struction. All statutory provisions in this Act repeal ed SEC. 469. 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 complaint, or in another County to which the Court may have changed the place of trial, unless otherwise specified. SEC. 470. The rule of common law, that statutes in derogation of that law are to be strictly construed, has no application to this Code of Procedure. SEC 471. All statutory provisions inconsistent with this Code of consistent with Procedure are repealed; but this repeal shall not revive a statute or law which may have been repealed or abolished by the provisions hereby repealed, And all rights of action given or secured by existing laws may be prosecuted in the manner provided by this Code of Procedure. If a case shall arise in which an action for the enforcement or protection of a right, or the redress or prevention of a wrong, cannot be had under this Code of Procedure, the practice heretofore in use may be adopted so far as may be necessary to prevent a failure of justice. All present rules and pracincon sistent with this SEC. 472. The present rules and practice of the Courts in civil actions, inconsistent with this Code of Procedure, are abrogated; tice but when consistent with this Code of Procedure, they shall con- Act abrogated. tinue in force, subject to the power of the respective Courts to relax, modify, or alter the same. and Judges to general rules. SEC. 473. The Justices of the Supreme Court and the Judges The Justices of the Circuit Courts shall meet in general session on the first meet and make Tuesday in November, 1870, at the Capitol in Columbia, and in every two years thereafter. A majority of said Justices and Judges shall constitute a quorum. At such session they shall revise the general rules of the Circuit Court, make amendments thereto, and such further rules not inconsistent with this Code of Procedure as may be necessary to carry it fully into effect. SEC. 474, The Justices of the Supreme Court shall, from time Justices of the Supreme to time, make such rules for the orderly conduct of business in Court to make said Court as they may deem proper, not inconsistent with this 10-42. Code of Procedure. SEC. 475. Until the Legislature shall otherwise provide, the second part of this Code of Procedure shall not affect proceedings by mandamus or prohibition. 23 rules. |