Pro bate matters. SEC. 56. The Supreme Court shall have jurisdiction of all Jurisdiction of Supreme questions of law arising in the course of the proceedings of the Court in Circuit Court, in Probate matters, in the same manner as provided by law in other cases. Appeal to the Circuit Court to fifteen days. SEC. 57. Any person interested in any final order, sentence or decree of any Probate Court, and considering himself injured he taken within 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 office of the Probate Court within fifteen days from the date of the decision appealed from. SEC. 58. (Repealed, 15 Stat., 868.) 15 Stat., 496. Grounds of ap Certified cop ies of Record to SEC. 59. In all cases of appeal the appellant shall file in the peal to be filed Probate Office his grounds of appeal, and cause a copy thereof to be served on the adverse party, at least twelve days before the time when the appeal is to be entered in the Circuit Court. SEC. 60. The person appealing shall procure and file in the Circuit Court to which such appeal is granted a certified copy of the record of the proceedings appealed from, of the application and grounds for the appeal filed in the Probate Court, and of the 4-440. allowance of the same, together with the proper evidence that notice has been given to the adverse party according to law. be filed in Cir cuit Court. stayed by ap SEC. 61. When an appeal, according to law, is allowed by the Proceedings Probate Court, all proceedings in pursuance of the order, sentence peal. or decree appealed from shall cease until the judgment of the Circuit or Supreme Court is had; but if the appellant, in writing, waives his appeal before the entry thereof, proceedings may be had in the Probate Court as if no appeal had been taken. How Circuit Court to pro SEC. 62. When such certified copy shall have been filed in the Circuit Court, such Court shall proceed to the trial and determina- ceed to the trial, tion of the question according to the rules of law; and if there 7-163. shall be any question of fact or title to land to be decided, issue may be joined thereon under the direction of the Court, and a trial thereof had by jury. Costs given to prevailing par SEC. 63. The Circuit Court or Supreme Court, as the case may be, may tax costs for the party who shall prevail; or when, in the ty. opinion of the Court, justice shall require it, the Court may deny such costs, and may tax costs for either party; and if costs be taxed against an executor or administrator, the same shall be allowed to him in his administration account. Appellant ne- Sec. 64. If the person appealing from the proceedings of the an appeal, judg- Probate Court, as provided in this Act, shall neglect to enter his glecting to enter ment affirmed with costs. Final decision to be certified appeal, the Circuit Court to which such appeal shall be taken, on motion, and producing attested copies of such appeal by the adverse party, shall affirm the proceedings appealed from, and may allow costs against the appellant. SEC. 65. The final decision and judgment in cases appealed, as to Probate herein before provided, shall be certified to the Probate Court by Court. 2-450. No Probate Judge to have mining an ap may law. practice Circuit Court or Supreme Court, as the case may be, and the same proceedings shall be had in the Probate Court, as though such decision had been made in such Probate Court. SEC. 66. No Judge of any Probate Court shall be admitted to voice in deter- have any voice in judging or determining any appeal from his peal. When decision, or be permitted to act as attorney or counsel thereon, or receive fees as counsel 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. Proceedings to be commenced by petition. The Supreme Court to make rules. County ('ommissioners to SEC 67. All proceedings in the Court of Probate shall be commenced by petition to the Judge of Probate for the County to whom the jurisdiction of the subject matter belongs, briefly setting forth the facts or grounds of the application. SEC. 68. The Supreme Court may, from time to time, make rules regulating the practice and conducting the business in the Courts of Probate, in all cases not expressly provided for by law. SEC. 69. The County Commissioners of each County shall proprovide books, vide all books necessary for keeping the records; also, a seal and necessary office furniture: Provided, Said furniture shall not exceed in cost the sum of one hundred dollars. &c. Judge may keep order and SEC. 70. The Judge may keep order in Court, and punish any punish con-contempt of his authority in like manner as such contempt might be punished in the Circuit or Supreme Court. tempt. 2-450. SEC. 71. When costs are awarded, to be paid by one party to the other, in the Courts of Probate, said Courts may issue execution therefor, in like manner as is practiced in the Courts of common law; and when no form for a warrant or process is prescribed by statute or rules of Court, he shall frame one in conformity to the rules of law, and the usual course of proceedings in this State. Any Sheriff or Constable in the State shall execute the order or processes of said Court, in the same manner as the order or processes of the Circuit or Supreme Courts. commit luna natic Asylum. SEC. 72. The Judge of the Probate Court may commit to the Judges may Lunatic Asylum any idiot, lunatic or person non compos mentis, tics, etc., to Luwho, in his 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 by law. In all cases, the Judge shall certify in what place the said person or persons resided at the time of the commitment, and such certificate shall be conclusive evidence of such residence. Laws of Provisional Gov far adopted. 10-435. SEC. 73. All laws and parts of laws of the late Provisional Government of South Carolina, relative to the powers, duties and ernment, how course of procedure of the Courts of Ordinary and Equity, as far as the jurisdiction of said Courts is herein conferred on the Courts of Probate, not inconsistent with the Constitution and this Act, or supplied by it, are hereby adopted and declared to be of force, and applicable to the Courts of Probate. TO ENABLE PROBATE COURT TO ISSUE EXECUTIONS. January 31, 1872. (15 Stat., 23.) Probate Judges may tions. That, from and after the passage of this Act, the Judges of the Probate Court, in the several Counties in this State, may, and they issue are hereby, fully authorized and empowered to issue executions, when that is the necessary and proper process, to carry into effect any order, sentence or decree of such Court. "And they are furthermore authorized and empowered to issue executions to enforce a decree of the Probate Judge of any other County: Provided, A Proviso. transcript of such decree shall be duly filed in the office of the Probate Judge, who may be required to issue such execution, and also filed in the office of the Clerk of the Court of Common Pleas for the County in which the execution is obtained." FOR ENROLLING PROBATE DECREES AND ISSUING EXECUTIONS THEREON. December 20, 1878. (16 Stat., 710.) execu 16 Stat., 438. Time in which an order may be 1. That any party in whose favor an order or decree for the payment of money may be made by a Court of Probate may cause enrolled. of Probate. cree for pay such order or decree to be enrolled at any time within a year and a day after making the same, and for that purpose shall prepare and deliver to the Judge of Probate a brief or abstract, setting forth the title of the proceedings wherein such order or decree was made, the parties thereto, and the date when the same was made; also the date of the said order and the names of the parties bound thereby, together with such other particulars as may be necessary to identify the said order with the said proceedings, and to exhibit the grounds for making the same and the operations and effect Duty of Judge thereof; and the said Judge of Probate shall annex thereto the said order or decree, or else an exact copy thereof, certified by him, together with the time when the same was made and entered; and the said Judge of Probate shall endorse on the said record the day of the month and the year when the said brief or abstract was lodged in his office, and shall deposit the same in a case in his office, Effect of de- with the other papers pertaining to the cause. And no order or ment of money decree of any Court of Probate for the payment of money shall, as by Probate Judge. to third persons, without express notice, have any effect as a lien on the real estate of the person intended to be bound thereby, but from the day when the said brief or abstract shall have been delivered to, or lodged with the said Judge of Probate as aforesaid, and a transcript of the docket thereof in the index of money decrees hereinafter prescribed, has been filed in the office of the Clerk of the Court of Common Pleas for the same County and duly entered by said Clerk on the calendar of judgments kept in his office, nor shall such order or decree rank as a judgment against the estate of any person deceased, unless such abstract was duly filed and indexed with said Judge of Probate, and a transcript of the entry in the index was filed with the Clerk of the Circuit Court for the tofore rendered same County and duly docketed by said Clerk on the calendar of judgments of the Court of Common Pleas before the death of such deceased person; except that the lien of decrees and orders for the payment of money made before the ratification of this Act shall not be affected thereby; and after the transcript of the docket in Effect of de- the index of money decrees has been duly entered upon the calendar of judgments kept in the office of the Clerk of the Court of Common Pleas, such order or decree shall have like force and effect as judgments of the Court of Common Pleas: Provided, That such Right of ap-enrollment of any order or decree for the payment of money shall not deprive any party thereto of the right to appeal therefrom; Decrees here not affected. crees when entered. peal. but when notice of such appeal shall be duly given, execution upon the said order or decree, issued as is hereinafter provided, shall be lodged to bind only, and shall not be enforced until such appeal shall have been dismissed; and if such order or decree shall be reversed, set aside or modified on appeal, the enrollment thereof shall be amended or wholly vacated accordingly. 2. Every Judge of Probate shall provide and keep in his office an index of money decrees, in which every enrolled order or decree for the payment of money shall be entered, with the names of every party or estate bound thereby, alphabetically arranged, together with the names of the parties plaintiff, and (besides the title of the package in which the order or decree is contained and the number in the package) shall exhibit the amount ordered to be paid, the costs, (if any) date of enrollment, date of execution and date of satisfaction, where satisfaction has been entered. Said book shall be of convenient size, of durable paper and well bound, and the expense of providing the same shall be defrayed by the County Commissioners of the respective Counties. Enrollment to be amended. Duty of Proto matter of re bate Judge as cord. Effect of this Act upon course of Probate Judge. 3. No execution shall be issued by any Judge of Probate to enforce the collection of money under any order or decree of a Court of Probate until an abstract or brief has been prepared according to the directions of this Act, and until such abstract or brief has been filed in such Court of Probate, and the proper minute thereof has been entered in the index of money decrees hereinabove prescribed, and the proper transcript of such minute has been filed in the office of the Clerk of the Circuit Court for the same County and entered upon the calendar of judgments of the Court of Common Pleas kept in his office. And when any such execution has Duty of Probeen duly returned satisfied to the office of the Judge of Probate when from whence it issued, it shall be the duty of the Judge of such satisfied. Court of Probate to have such satisfaction recorded upon the proper transcript in the office of the Clerk of the Circuit Court and entered upon the docket thereof on the calendar of judgments of the Court of Common Pleas kept in said Clerk's office. 4. That all Acts and parts of Acts inconsistent with this Act be, and the same are hereby, repealed. bate Judge execu tion is returned |