made for va of any Circuit 3. Whenever any Circuit Judge, pending his assignment to hold Provision the Courts of any Circuit, shall die, resign, be disabled by illness, cancy in office or be absent from the State, or in case of a vacancy in the office of Judge. Circuit Judge of any Circuit, the Chief Justice or presiding Associate Justice may assign any other Circuit Judge disengaged to hold the Courts of such Circuits, or to fill any appointment made necessary by such vacancy. absent them without 4. No Circuit Judge shall absent himself from this State with- Judges cannot out leave first granted in writing by the Chief Justice or presiding selves Associate Justice. 5. Any Circuit Judge who shall fail or neglect to hold the term or terms of any Court of General Sessions or Common Pleas, in any Circuit to which he may be assigned, until the business of said Courts shall have been disposed of, or the end of the term or terms arrives, or shall fail to recognize and obey the order of assignment of the Chief Justice or presiding Associate Justice, or shall violate the fourth Section of this Act, upon any reliable information of the same, the Attorney General of the State shall, by official communication, bring such violations of this Act to the notice of the General Assembly at its first session, and such Circuit Judge shall be held amenable to proceedings for neglect of duty, as provided in Article VII, Section 4, of the Constitution. 6. That Section 26, Title III, of the Code of Procedure, Chapter CXXII of the Revised Statutes, and all other Acts or parts of Acts conflicting with the provisions of this Act, are hereby repealed. SEC. 27. Should the business before the Court of General Sessions, at any term, not be completed on the arrival of the day fixed by law for the 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. permission. Judges to be held amenable for neglect of duty. Judge's power to adjourn Court of Com mon Pleas. sions of Circuit SEC. 28. The several Circuit Judges shall have power to hold Special sesspecial sessions within their respective Circuits, at any time in their Courts. 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. Petit Jurors in SEC. 29. Petit jurors summoned to attend the Court of General and General Sessions in any County, except the County of Charleston, shall also attend and serve as jurors for the Court of Common Pleas next ensuing in and for said County. Common Pleas Sessions. Adjournment of the Circuit Courts. Qualification of Judges. ('ircuit Courts made Courts of Record. Clerk and SEC. 30. The Judge of the Circuit Court shall have power to direct 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. 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 forth with enter upon their duties. SEC. 32. The Circuit Courts herein established shall be the Courts of record, and the books of record thereof shall at all times be subject to the inspection of any person interested therein. SEC. 33. The Clerk elected in each County under the provisions of the Circuit of Section 27 of Article IV of the Constitution, shall be Clerk of Deputy Clerk Court. 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 responsible; and a record of whose appointment shall be made in the 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. causes from the cery. SEC. 34. All suits in Equity depending in the Courts of Transfer of Chancery, and not finally disposed of, and the property and Courts of Chanrecords relating thereto, on the first day of January, A. D. 1×69, shall be transferred to the Courts 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. TO DECLARE THE LAW RESPECTING THE POWERS AND DUTIES OF THE (16 Statutes, 395.) Powers of Court in Cir their own. 1. That every Judge, while holding the Circuit Court for any Circuit pursuant to the provisions of the law of this State, shall be Judges holding invested with powers equal to those of the Judge of such Circuit, cuits other than and may hear and determine all causes and motions, and grant all orders in open Court, or at Chambers, which it is competent for the Judge residing in such Circuit to hear, determine or grant, any law, usage or custom to the contrary notwithstanding. 2. That every Circuit Judge in this State shall at all times have jurisdiction to discharge and perform all the duties of his office within the Circuit wherein he resides, except the holding of Circuit Courts therein when some other Circuit Judge shall be engaged in holding said Courts. Circuit Judge to discharge all duties when in a Circuit. to order extra 3. That no extra term of any Circuit Court shall be ordered Circuit Judge except by the Circuit Judge at the time holding the Circuit Court Courts. of the County for which the extra term may be ordered, and such extra term shall be held only by the Judge ordering the same: Provided, The same shall not interfere with the power now lodged Proviso. in the Chief Justice in the premises: And provided, further, That no cause shall be tried at any extra term of any Circuit Court Clerks of Court may take depositions. examination. unless the said cause shall have been previously docketed upon some of the calendars of the last preceding regular term of said Court. 4. That all Acts and parts of Acts inconsistent with this Act be, and the same are hereby, repealed. CLERKS OF THE COURTS OF COMMON PLEAS TO TAKE TESTIMONY IN Approved February 15, 1872. (15 Stat., 41.) 1. That 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 Counties, shall, upon the application of either party to such cause or proceeding, after ten days' notice to the adverse 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 Rights of taking which depositions, the several parties shall be entitled to the same rights of examination, cross-examination, and examination in reply, and the same exceptions to the admissibility of evidence, as are allowed by law upon examination before the Court. And Depositions 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, nevertheless, Personal to the right of either party to require the personal attendance and viva 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 proceeding. to be certified. attendance. Power to compel attendance of witnesses. 2. That every Clerk of the Court of Common Pleas shall have power to compel the attendance before him of the witness or witnesses 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 May issue a subpoena to any such witness, which shall be served personally; and if any witness, upon whom such subpoena has been duly Failure to at- served, shall fail to attend conformably thereto, the Clerk by whom the same was issued shall have power to issue a rule, requiring such witness to show cause why he should not be attached for subpoena. tend for. - penalty Attachment for contempt. contempt; and, upon the failure or neglect of such witness to show cause, the said Clerk shall have power to issue an attachment against such witness for contempt, which attachment shall not be dissolved, except by the order of a Judge, or of the said Clerk. 3. That every Clerk of the Court of Common Pleas, for taking Fee of Clerk the depositions herein before mentioned, shall be entitled to demand amination and receive the sum of one dollar for each witness examined, to be paid by the party against whom judgment shall be rendered in said cause or proceeding. of Court for ex witnesses. of TO ACCELERATE THE PROCEEDINGS IN ACTIONS FOR PARTITION. Approved December, 1878. (16 Stat., 752.) 1. That Clerks of the Court of Common Pleas and Masters Clerks and Masters may in those Counties where the office of Master now or hereafter grant writs of partition. may exist in their respective Counties, shall have power, upon proper proceedings filed, to grant writs of partition of real or personal estate in cases where the right to partition is not contested, or the same has been ascertained by a decree of the Court; and all such writs shall be made returnable to the next succeeding sitting of the Court of Common Pleas for the adjudication of the Judge, or to the Judge at Chambers, as is hereafter provided, until which adjudication, all equities of the parties shall be reserved; and power of appointing guardians ad litem in all such cases is 17 Stat., 32. hereby vested in the Clerks of the Court of Common Pleas and Masters in those Counties where the office of Master now or hereafter may exist. Judges may hear cases for Chambers. 2. That after the passage of this Act, the Judges of the Court of Common Pleas may hear and determine actions for partition, and partition in may grant all writs and processes in such actions, at Chambers, in the like manner and with the same effect as are now granted in term time. 3. That all Acts and parts of Acts inconsistent with this Act be, and hereby are, repealed. |