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A. D. 1870.

SEC. 7. Where the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not merged in the other. SEC. 8. This Act is divided into two parts: The first relates to Courts Division of of Justice and their jurisdiction. The second relates to civil actions in the Courts of this State.

Remedies not merged.

Act.

The several Courts.

Their jurisdiction generally.

PART I.

OF THE COURTS OF JUSTICE AND THER JURISDICTION.

TITLE I.

CHAPTER I.

SEC. 9. The several Courts of this State.
10. Their jurisdiction generally.

SEC. 9. The following are the Courts of Justice in this State:
1. The Court for Trial of Impeachments.

2. The Supreme Court.

3. Two Circuit Courts, to wit: (1.) A Court of Common Pleas; and (2.) A Court of General Sessions.

4. Probate Courts.

5. Courts of Justices of the Peace.

6. Courts of Trial Justices.

7. The City Court of Charleston.

8. Mayors' and Intendants' Courts.

SEC. 10. These Courts shall exercise the jurisdiction now vested in them respectively, except as otherwise prescribed by this Act.

Jurisdiction.

of final judgment.

TITLE II.

SUPREME COURT.

SEC. 11. Its jurisdiction.

12. Power of Court.

13. Terms. Preference of Causes.
14. Judgment, rehearing. Opinions.
15. Sheriffs to provide rooms, &c.

16. Courts, where held. Adjournment.

SEC. 11. The Supreme Court shall have exclusive jurisdiction to review upon appeal:

1. Final judgments in actions commenced in the Courts of Common Pleas and General Sessions, brought there by original process or removed there from any inferior Court or jurisdiction; and upon the appeal from such judgment, to review any intermediate order involving the merits, and necessarily affecting the judgment.

A. D. 1870.

Of order af

2. An order affecting a substantial right made in an action, when such order in effect determines the action, and prevents a judgment from which an appeal might be taken, or discontinues the action, and when such or- fecting a subder grants or refuses a new trial; but no appeal to the Supreme Court from stantial right an order granting a new trial, on a case made or bill of exceptions, shall be effectual for any purpose, unless the notice of appeal contain an assent on the part of the appellant, that if the order be affirmed, judgment absolute shall be rendered against the appellant. Upon every appeal condition of from an order granting a new trial, on a case made or on exceptions taken, appeal from if the Supreme Court shall determine that no error was committed in ing new trial granting the new trial, they shall render judgment absolute upon the right of the appellant; and after the proceedings are remitted to the Court from which the appeal was taken, an assessment of damages or other proceedings, to render judgment effectual, may be then and there had in cases where such subsequent proceedings are requisite.

3. A final order affecting a substantial right made in a special proceeding, or upon a summary application in an action after judgment, and upon such appeal to review any intermediate order involving the merits, and necessarily affecting the order appealed from.

order grant

Final order affecting sub

stantial right.

preme Court.

SEC. 12. The Supreme Court may reverse, affirm or modify the judg- Power of Sument, decree or order appealed from, in whole or in part, and as to any or all of the parties; and its judgment shall be remitted to the Court below, to be enforced according to law.

SEC. 13. The Supreme Court shall hold annually, at the seat of government, two sessions, the one commencing on the fourth Tuesday of November, and the other the first Tuesday of April; and each of said terms shall be continued for so long a period as the públic interest may require.

Terms.

of causes.

Additional Terms may be appointed and held at such times and places Preference as the Court may direct, when the public interest requires it. The Court may, by general rules, provide what causes shall have a preference on the calendar. On a second and each subsequent appeal to the Supreme. Court, or when an appeal has once been dismissed for defect or irregularity, the cause shall be placed upon the calendar as of the time of filing the first appeal, and may be noticed and put on the calendar for any succeeding Term; and whenever, in any action or proceeding in which the State, or any State officer, or any Board of State officers, is or are sole Plaintiff or Defendant, an appeal has been, or shall be, brought up from any judgment or order for or against him or them, in any Court, such appeal shall have preference in the Supreme Court, and may be moved by either party out of the order on the calendar.

SEC. 14. The concurrence of two Judges is necessary to pronounce a judgment. If two do not concur, the case must be reheard. But no more than two rehearings shall be had; and if, on the second rehearing, two Judges do not concur, the judgment shall be affirmed.

Judgments.

Rehearing.

When two of the Judges do not concur, and a rehearing of the case is Opinions. ordered, the Judges shall file the opinions read by them with the Reporter of the Court, but such opinions shall not be published. No person other than the Judges of the Court, the Reporter of the Court, or the counsel or attorney of either of the parties to the action, shall have access to, or a copy of the said opinions, but such counsel or attorney may have access to and a copy thereof.

A. D. 1870.

vide rooms.

SEC. 15. If, at a term of the Supreme Court, proper and convenient rooms, both for the consultation of the Judges and the holding of the Sheriff to pro- Court, with furniture, attendants, fuel, lights and stationery, suitable and sufficient for the transaction of its business, be not provided for in the place where by law the Court may be held, the Court may order the Sheriff of the County to make such provision, and the expense incurred by him in carrying the order into effect shall be a County charge.

held.

SEC. 16. The Supreme Court may be held in other buildings than those Courts, where designated by law as places for holding Courts, and at a different place, in the same city or town from that at which it is appointed to be held. Adjournment Any one or more of the Judges may adjourn the Court with the like effect as if all were present.

TITLE III.

CIRCUIT COURTS.

SEC. 17. Division of the State into Circuits.
18. Time of holding Courts in First Circuit.
19. Time of holding Courts in Second Circuit.
20. Time of holding Courts in Third Circuit.
21. Time of holding Courts in Fourth Circuit.
22. Time of holding Courts in Fifth Circuit.
23. Time of holding Courts in Sixth Circuit.
24. Time of holding Courts in Seventh Circuit.
25. Time of holding Courts in Eighth Circuit.
26. Judges to hold Circuit Court.

27. Judges' power to adjourn Court Common Pleas

28. Special Sessions of Circuit Courts.

29. Petit Jurors in Common Pleas and General Sessions.

30. Adjournment of Circuit Courts.

31. Qualification of Judges.

32. Circuit Courts made Courts of Record.

33. Clerk and Deputy Clerk of Circuit Courts.

34. Transfer of causes from Court of Chancery.

SEC. 17. The State is divided into eight Circuits, as follows: 1. The Counties of Charleston and Orangeburg shall constitute the First Circuit. First Circuit.

Second Circuit.

2. The Counties of Beaufort, Colleton and Barnwell shall constitute the Second Circuit.

3. The Counties of Sumter, Clarendon, Williamsburg, Georgetown and Third Circuit. Horry shall constitute the Third Circuit.

Fourth Cir

cuit.

4. The Counties of Chesterfield, Marlboro, Marion, Darlington and Fairfield shall constitute the Fourth Circuit.

5. The Counties of Kershaw, Richland, Edgefield and Lexington shall Fifth Circuit. Constitute the Fifth Circuit.

6. The Counties of Chester, Lancaster, York and Union shall constiSixth Cireuit. tute the Sixth Circuit.

Seventh Circuit.

7. The Counties of Newberry, Laurens and Spartanburg shall constitute the Seventh Circuit.

8. The Counties of Greenville, Anderson, Oconee, Pickens and Abbe- A. D. 1870. ville shall constitute the Eighth Circuit.

SEC. 18. The Circuit Courts in the First Circuit shall be held as fol- Eighth Cirlows:

cuit.

1. The Court of General Sessions, at Charleston, for the County of First Circuit. Charleston, on the first Monday of February, June and November; and

the Court of Common Pleas, at Charleston, for the County of Charleston, Charleston. on the second Monday of February, June and November.

2. The Court of General Sessions, at Orangeburg, for the County of Orangeburg. Orangeburg, on the first Monday of January, May and September; and the Court of Common Pleas, at Orangeburg, for the County of Orangeburg, on the first Wednesday after the first Monday of January, May and September.

SEC. 19. The Circuit Courts in the Second Circuit shall be held as fol- Second Cirlows:

cuit.

1. The Court of General Sessions, at Beaufort, for the County of Beau- Beaufort. fort, on the third Monday of February, June and October; and the Court of Common Pleas, in Beaufort, for the County of Beaufort, on the fourth Monday of February, June and October.

2. The Court of General Sessions, at Walterboro, for the County of Colleton. Colleton, on the third Monday of March, July and November; and the Court of Common Pleas, at Walterboro, for the County of Colleton, on the first Thursday after the third Monday of March, July and November.

3. The Court of General Sessions, at Blackville, for the County of Barn- Barnwell. well, on the second Monday of April, August and December; the Court of Common Pleas, at Blackville, in the County of Barnwell, on the first Thursday after the second Monday of April, August and December.

SEC. 20. The Circuit Courts in the Third Circuit shall be held as follows:

1. The Court of General Sessions, at Sumter, for the County of Sum- Sumter. ter, on the first Monday of January, May and October; and the Court of Common Pleas, at Sumter, for the County of Sumter, on the first Wednesday after the first Monday of January, May and October.

Williamsburg

2. The Court of General Sessions, at Manning, for the County of Clar- Clarendon. endon, on the third Monday of January, May and October; and the Court of Common Pleas, at Manning, for the County of Clarendon, on the first Wednesday after the third Monday of January, May and October. 3. The Court of General Sessions, at Kingstree, for the County of Williamsburg, on the fourth Monday of January, May and October; and the Court of Common Pleas, at Kingstree, for the County of Williamsburg, on the first Wednesday after the fourth Monday of January, May and October.

4. The Court of General Sessions, at Georgetown, for the County of Georgetown. Georgetown, on the first Monday after the fourth Monday of January, May and October; and the Court of Common Pleas, at Georgetown, for the County of Georgetown, on the first Wednesday after the first Monday after the fourth Monday of January, May and October.

5. The Court of General Sessions, at Conwayboro, for the County of Horry. Horry, on the second Monday after the fourth Monday of January, May and October; and the Court of Common Pleas, at Conwayboro, for the County of Horry, on the first Wednesday after the second Monday after the fourth Monday of January, May and October.

A. D. 1870.

cuit.

SEC. 21. The Circuit Courts in the Fourth Circuit shall be held as follows:

1. The Court of General Sessions, at Chesterfield, for the County of Fourth Cir Chesterfield, on the first Monday of January, May and August; and the Court of Common Pleas, at Chesterfield, for the County of Chesterfield, on the first Wednesday after the first Monday of January, May and August.

Chesterfield.

Marlboro.

Marion.

Darlington.

Fairfield.

Kershaw.

2. The Court of General Sessions at Bennettsville, for the County of Marlboro, on the third Monday of January, May and August; and the Court of Common Pleas at Bennettsville, for the County of Marlboro, on the first Wednesday after the third Monday of January, May and August.

3. The Court of General Sessions at Marion, for the County of Marion, on the first Monday of February, June and September; and the Court of Common Pleas at Marion, for the County of Marion, on the first Wednesday after the first Monday of February, June and September.

4. The Court of General Sessions at Darlington, for the County of Darlington, on the third Monday of February, June and October; and the Court of Common Pleas at Darlington, for the County of Darlington, on the first Wednesday after the third Monday of February, June and October.

5. The Court of General Sessions at Winnsboro, for the County of Fairfield, on the second Monday of March, July and November; and the Court of Common Pleas at Winnsboro, for the County of Fairfield, on the first Wednesday after the second Monday of March, July and November.

SEC. 22. The Circuit Courts in the Fifth Circuit shall be held as follows:

1. The Court of General Sessions at Camden, for the County of KerFifth Circuit. shaw, on the first Monday of January, May and September; and the Court of Common Pleas at Camden, for the County of Kershaw, on the first Wednesday after the first Monday of January, May and September. 2. The Court of General Sessions at Columbia, for the County of Richland, on the first Monday of February, June and October; and the Court of Common Pleas at Columbia, for the County of Richland, on the first Wednesday after the first Monday of February, June and October.

Richland.

Edgefield.

Lexington.

Sixth Circuit.

Chester.

Lancaster.

3. The Court of General Sessions at Edgefield, for the County of Edgefield, on the first Monday of March, July and November; and the Court of Common Pleas at Edgefield, for the County of Edgefield, on the first Wednesday after the first Monday of March, July and November. 4. The Court of General Sessions at Lexington, for the County of Lexington, on the first Monday of April, August and December; and the Court of Common Pleas at Lexington, for the County of Lexington, on the first Wednesday after the first Monday of April, August and Decem

ber.

SEC. 23. The Circuit Courts in the Sixth Circuit shall be held as follows:

1. The Court of General Sessions at Chesterville, for the County of Chester, on the first Monday of January, May and September; and the Court of Common Pleas at Chesterville, for the County of Chester, on the first Wednesday after the first Monday of January, May and September. 2. The Court of General Sessions at Lancaster, for the County of

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