A. D. 1868.

SEC. 24. In all cases of appeal from the proceedings of the Probate Court, before such appeal shall be allowed, the person appealing shall Shall give give a bond to the satisfaction of the Probate Court, with a condition that bond to proshe shall prosecute such appeal to effect, and pay all intervening damages ecute. and costs occasioned by such appeal.

SEC. 25. In all cases of appeal the appellant shall file in the Probate Grounds of office his grounds of appeal, and cause a copy thereof to be served on the appeal filed. adverse party, at least twelve days before the time when the appeal is to

be entered in the Circuit Court.

Certified

SEC. 26. The person appealing shall procure and file in the Circuit Court to which such appeal is granted a certified copy of the record of copies of recthe proceedings appealed from, of the application and grounds for the ord to be filed. appeal filed in the Probate Court, and of the allowance of the same, together with the proper evidence that notice has been given to the adverse party according to law.

cases of ap

SEC. 27. When an appeal, according to law, is allowed by the Probate Proceedings Court, all proceedings in pursuance of the order, sentence or decree ap- stayed in pealed from shall cease until the judgment of the Circuit or Supreme peal. 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.

Proceedings

SEC. 28. When such certified copy shall have been filed in the Circuit Court, such Court shall proceed to the trial and determination of the in Circuit question according to the rules of law; and if there shall be any question Court. 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. SEC. 29. The Circuit Court or Supreme Court, as the case may may tax costs for the party who shall prevail; or when, in the 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 ac

count.

be,

Taxing costs.

Neglect to

SEC. 30. If the person appealing from the proceedings of the Probate Court, as provided in this Act, shall neglect to enter his appeal, the Cir- enter appeal. cuit 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.

certified.

SEC. 31. The final decision and judgment in cases appealed, as hereinFinal judgbefore provided, shall be certified to the Probate Court by the Circuit ment to be 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.

in proceed

SEC. 32. No Judge of any Probate Court shall be admitted to have Judge not any voice in judging or determining any appeal from his decision, or be to participate permitted to act as attorney or counsel thereon, or receive fees as counsel ings on apin any matter pending in the Probate Court of which he is Judge: Pro- peal. vided, It shall be lawful for Judges of Probate to practice law in other Courts in such cases as are not cognizable in Court of Probate.

to be com

SEC. 33. All proceedings in the Court of Probate shall be commenced Proceedings by petition to the Judge of Probate for the County to whom the jurisdic- menced by petion of the subject matter belongs, briefly setting forth the facts or grounds tition. of the application.

A. D 1868.

SEC. 34. 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.

County Com. books

missioners to

SEC. 35. The County Commissioners of each County shall provide all necessary for keeping the records, and all printed blanks and staprovide all tionery used in proceedings in the Courts of Probate; also, a seal and books, &c. necessary office furniture.

Judge can

SEC. 36. The Judge may keep order in Court, and punish any conpunish con- tempt of his authority in like manner as such contempt might be punished in the Circuit or Supreme Court.

tempts.

for costs.

SEC. 37. When costs are awarded, to be paid by one party to the other, Executions 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 process of said Court, in the same manner as the orders or processes of the Circuit or Supreme Courts.

May commit

to Asylum.

SEC. 38. The Judge of the Probate Court may commit to the Lunatic lunatics, &c., Asylum any idiot, lunatic or person non compos mentis, who, 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.

Files and re

SEC. 39. All laws and parts of laws of the late Provisional GovernLaws of provisional Gov- ment of South Carolina, relative to the powers, duties, and course of proplicable, to be cedure of the Courts of Ordinary and Equity, as far as the jurisdiction. adopted. 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 Procords to be bate. All files, records and property of, or pertaining to said Courts of transferred. Ordinary are forthwith, upon the qualification of the Judges of Probate elected in the several Counties, required to be transferred to the Courts of Probate established by this Act for the said Counties. A receipt shall be given for said records and property, by the several Judges of Probate, and a copy thereof shall be entered upon the records of their respective Courts.

To be receipted for.

In the Senate House, the twenty-first day of September, in the year of our Lord one thousand eight hundred and sixty-eight.

L. BOOZER, President of the Senate.

FRANKLIN J. MOSES, JR., Speaker House of Representatives. Approved: ROBERT K. SCOTT, Governor.

No. 34.

AN ACT TO AMEND THE CHARTER OF THE CHERAW AND COALFIEDS
RAILROAD COMPANY.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly,

and by the authority of the same, That the charter of the Cheraw and Coalfields Railroad Company be, and the same is hereby, so altered and amended, as to authorize said company to construct their railroad from the town of Cheraw to some point to be selected by said company on the North Carolina line, with a view to the extension of said road in the direction of Salisbury, North Carolina.

SEC. 2. That the aid granted to said company by an Act entitled "An Act to grant the aid of the State to the Cheraw and Coalfields Railroad Company," ratified the sixth day of February, A. D. 1863, be, and the same is hereby, granted and confirmed to the said company, as changed by this Act, upon the same terms and conditions as are specified in said

Act.

Change of

SEC. 3. That the name of the said company be, and the same is hereby, changed from that of the Cheraw and Coalfields Railroad Com- name. pany, to that of the "Cheraw and Salisbury Railroad Company."

SEC. 4. That the said company be, and the same is hereby, allowed to construct their road of such gauge as may be deemed desirable by the said company.

Gauge.

Time for

SEC. 5. That the said company shall be allowed further time, to wit: One year to commence the work, and five years from the ratification of completion this Act to complete their road.

SEC. 6. That the charter of the said company, as herein and heretofore amended, shall in nowise be subject to the provisions of the forty-first Section of an Act entitled "An Act to incorporate certain villages, societies and companies, and to renew and amend certain charters heretofore granted, and to establish the principles on which charters of incorporations will hereafter be granted," ratified the seventeenth day of December, A. D. 1841.

In the Senate House, the twenty-first day of September, in the year of our Lord one thousand eight hundred and sixty-eight.

L. BOOZER, President of the Senate.

FRANKLIN J. MOSES, JR., Speaker House of Representatives. Approved: ROBERT K SCOTT, Governor.

extended.

AN ACT TO ESTABLISH THE COUNTIES OF PICKENS AND OCONEE
AS JUDICIAL DISTRICTS, AND FOR OTHER PURPOSES.

No. 35.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the Counties of Pickens and Oco- Judicial Disnee, into which Pickens has been divided, pursuant to an Ordinance of the Convention, ratified on the twenty-ninth of January, A. D. 1868, be, and each is hereby, established as a Judicial District.

SEC. 2. That all the books of record, original records, and other books

trict.

Records

and papers belonging to, or on file in the offices of the Clerk of the Court transferred. and Register of Mesne Conveyance, of the Sheriff, of the Ordinary, of the Coroner, and of the Commissioner in Equity for Pickens District, be transferred to the offices in Pickens County, to which such books, records

A. D. 1868.

Causes continued.

Cases

ferred.

not

and papers may pertain, and be and remain in the charge of the officers of said County, to whom the custody and charge of the same appropriately bolongs; and until the court house of said County of Pickens shall be constructed, it shall be the duty of the Commissioners appointed under the said Ordinance to provide for the safe-keeping of said books, records and papers.

SEC. 3. That all papers pertaining to causes instituted in Pickens District, and yet pending, be transferred to that one of the Counties of Oconee and Pickens within the boundaries of which the defendant resided at the time such cause was instituted; and when there are several defendants who at such time resided, one or more in the one County, and one or more in the other, or when the defendant or defendants resided in neither of the Counties, it shall be in the election of the plaintiff to have the papers transferred to either County; and such causes shall be continued, prosecuted and determined in the Courts to which they shall be transferred.

SEC. 4. That all warrants issued in Pickens District and not yet exeended trans- cuted, and all papers pertaining to prosecutions initiated in said District which are not yet ended, shall be transferred to that County within the limits of which the offence is charged to have been committed; and such prosecutions shall stand for trial, and the defendant be held to answer, in the County to which such papers are transferred.

Writs transferred.

Circuit

SEC. 5. That all writs and other civil process heretofore issued from the Courts of Pickens District, and not yet served or executed, shall be transferred for service to that County in which the defendant resides; or, if there be several defendants, to that County which the plaintiff shall elect; and be returnable at such time as the General Assembly, at the present session, shall fix for the return of such papers.

SEC. 6. That it shall be competent for the Circuit Judge having jurisJudge can diction in said Counties to make, on motion of the parties, in Court or at make orders. Chambers, such orders as may seem necessary to preserve the interests of the parties wherein the same are not provided for by the provisions of this Act.

In the Senate House, the twenty-first day of September, in the year of our Lord one thousand eight hundred and sixty-eight.

L. BOOZER, President of the Senate.

FRANKLIN J. MOSES, JR., Speaker House of Representatives. Approved: ROBERT K. SCOTT, Governor.

No. 36.

AN ACT TO AUTHOR IZE A LEASE OF THE "STATE ROAD" RUNNING
FROM THE COUNTY OF GREENVILLE, IN THE STATE OF SOUTH CAR-
OLINA, ACROSS THE SALUDA MOUNTAIN, TO THE COUNTY OF HEN-
DERSON, IN STATE OF NORTH CAROLINA.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, Commission and by the authority of the same, That Alexander McBee, Duncan Sullivan and Solomon Jones, citizens of Greenville County, in the State

ers appointed

of South Carolina, be, and they are hereby, authorized to give public notice, within thirty (30) days after the passage of this Act, in one newspaper in each of the following places, to-wit: Greenville, Columbia and Charleston, that on a certain day, to be therein designated, at the court house in Greenville County aforesaid, they, the said Alexander McBee, Duncan Sullivan and Solomon Jones, will lease to the highest bidder therefor, the "State Road" running from Greenville County, in the State of South Carolina, across the Saluda Mountain, to Henderson County, in the State of North Carolina, for the term of three (3) years, said Commissioners to lease the road in forty (40) days after the passage of this Act. SEC. 2. That the said Commissioners are further directed to require a good and sufficient bond of the said lessee for the keeping of said road in good repair, and to prescribe such other conditions of the said lease as may by them be judged proper and necessary to secure a faithful observance of all the requirements of the said lease.

to execute the

SEC. 3. That the said Commissioners are further empowered to execute Empowered the said lease in the name of the State, and to do all other acts necessary foxe to carry into effect the foregoing provisions of this Act.

In the Senate House, the twenty-first day of September, in the year
of our Lord one thousand eight hundred and sixty-eight.

L. BOOZER, President of the Senate.

FRANKLIN J. MOSES, JR., Speaker House of Representatives.

Approved: ROBERT K. SCOTT, Governor.

AN ACT TO AUTHORIZE THE SALE OF THE COLUMBIA CANAL.

No. 37.

ers appointed

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, His Excellency the Governor, Robert CommissionN. Lewis and Charles M. Wilder, are hereby constituted a Commission to sell and convey the right, title and interest of the State in the Columbia Canal, and in all the lands, privileges and appurtenances owned by the State thereunto belonging or appertaining, subject to the following conditions, (in addition to such other conditions as the said Commission, in their discretion, may impose, which conditions shall be published in the Conditions. advertisement,) to-wit: That the purchaser or purchasers, his or their heirs, assigns or successors, shall, within two years from the date of conveyance, complete the widening and deepening of the said canal to at least twice its original capacity; that the same shall always be kept open and in proper order for boating purposes (free of all charges for toll or otherwise,) as far as the same is now used; that the waters of said canal shall not be allowed to become stagnant; that the same shall not be used for other than hydraulic purposes; and upon the further condition that the work of widening and deepening the said canal shall be commenced within six months, and the sum of ten thousand dollars shall be expended on the same within twelve months from the date of the conveyance; and that the title to the canal shall revert to the State on default being made in any of the conditions so imposed.