risdiction of Su

there from any inferior Court or jurisdiction, and final judgment Relative to juin such actions: Provided, If no appeal be taken until final judg- preme Court. ment is entered, the Court may, upon appeal from such final judg- 3-228, 265. ment, review any intermediate order or decree necessarily affecting 4-36. 6-65. the judgment not before appealed from.

3-417, 607.

ing a substantial right.

7-77. 8-61, 112,

11-122.

2. An order affecting a substantial right made in an action,, of order affectwhen 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 order grants or refuses a new trial, or when such order strikes out an answer, or any part thereof, or any 15 Stat., 495. pleading in an action; but no appeal to the Supreme Court from 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 contains 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 from an order granting a new trial, Condition of on a case made, or on exceptions taken, if the Supreme Court der shall determine that no error was committed in 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.

appeal from orgranting

new trial.

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

preme Court.

SEC. 12. The Supreme Court may reverse, affirm or modify the Power of Sujudgment, 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 Terms. government, two sessions, the one commencing on the fourth 14 Stat., 661. Tuesday of November, and the other the third Tuesday of April; and each of said terms shall be continued for so long a period as the public interest may require.

Additional terms may be appointed and held at such times and places as the Court may direct, when the public interest requires it. The Court may, by general rules, provide what causes shall have a

Preference of

causes.

Judgments.

Rehearing.

Opinions.

Sheriff to provide rooms.

Courts, where held.

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.

When two of the Judges do not concur, and a rehearing of the case is ordered, the two 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.

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 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.

SEC. 16. The Supreme Court may be held in other buildings than those 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 Adjournment. appointed to be held. Any one, or more of the Judges may adjourn the Court with the like effect as if all were present.

Act March 7th, 1871, (14 Stat., 604,) enacts as follows: That the Supreme Court shall, on the last day of each stated term, make and publish an order designating the order in which the

causes from the several Circuits shall be called at the stated term of the Court next ensuing, which order shall also specify the time to be allotted to the hearing of causes from each Circuit. This order shall be irrevocable.

If the causes from the several Circuits cannot be heard Order for calling causes to within the period allotted, as provided in the preceding Section, be published. the Court shall continue the same to be heard after the regular call of the Circuits, or in its discretion, till the next stated term.

TO REGULATE THE SERVICE OF PROCESS ISSUING FROM THE SUPREME

COURT.

February 20, 1873. (15 Stat., 353.)

process.

That the Supreme Court of this State be, and is hereby em- Supreme Court may require powered to require the Sheriff of each and every County in this Sheriffs to serve State, to whom any order or process issuing from said Court may be directed, to serve and execute the same; and shall have the same power to enforce such service and execution, and to punish default therein, as is now vested in the Circuit Courts in process Issuing therefrom.

TO EMPOWER THE SUPREME COURT TO FRAME ISSUES AND DIRECT
THE SAME TO BE TRIED IN THE CIRCUIT COURT, AND TO ORDER
REFEREES IN CERTAIN CASES.

January 23, 1873. (15 Stat., 314.)

Empowered to enforce service.

when may

That whenever, in the course of any suit, action or proceeding Supreme Court in the Supreme Court, arising in the exercise of the original frame issues. jurisdiction conferred upon the Court by the Constitution and laws of the State, an issue of fact shall arise upon the pleadings, or whenever an issue of fact shall arise upon a traverse to a return in mandamus, prohibition or certiorari, or whenever the determination of any question of fact shall be necessary to the full exercise of the jurisdiction conferred on the Supreme Court, the said Court shall have power to frame an issue therein, and certify the same to the Circuit Court for the County wherein the cause shall have originated, or, in cases of original jurisdiction, to the Circuit Court of the County in which the cause of action shall have arisen.

('ircuit Court

to place issue at

dar, try same,

termination to

2. That upon receiving the certificate of such issue framed, head of Calen- from the Supreme Court, the said Circuit Court shall forthwith and certify de- cause the same to be placed at the head of the appropriate Supreme Court. calendar or docket of said Court, and proceed to try and determine the said issue in its due order, and shall certify the determination thereof to the Supreme Court immediately after the trial thereof, and, when required, shall settle and sign a case, or a case containing exceptions, according to the practice in other causes tried in the Circuit Court.

Supreme Court may appoint

testimony.

3. That the Supreme Court shall also have the same powers Referees to take for the appointment of Referees to take testimony and report thereon, under such instructions as may be prescribed by the said Court, in any causes arising in the Supreme Court, wherein issues of fact shall arise, as are now possessed by the Circuit Court of the State.

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: First Circuit. The Counties of Charleston and Orangeburg shall constitute the First Circuit.

Second Circuit.-The Counties of Aiken, Beaufort, Barnwell, Colleton and Hampton* shall constitute the Second Circuit.

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

Fourth Circuit.-The Counties of Chesterfield, Marlborc, Darlington, Marion and Horry shall constitute the Fourth Circuit. Fifth Circuit.-The Counties of Kershaw, Richland, Edgefield and Lexington shall constitute the Fifth Circuit.

Sixth Circuit. The Counties of Chester. Lancaster, York and Fairfield shall constitute the Sixth Circuit.

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

Eighth Circuit.-The Counties of Abbeville, Anderson, Oconee and Pickens shall constitute the Eighth Circuit.

SECS. 18, 19, 20, 21, 22, 23, 24 and 25, Repealed June 9, 1877, (16 Stat., 296,) and the following substituted:

The Circuit Courts of the First Circuit shall be held as follows: First Circuit. The Court of General Sessions at Charleston, for the County of Charleston. Charleston, on the first Mondays in February, June and November; and the Court of Common Pleas at the same place on the second Mondays of February, June and November.

The Court of General Sessions at Orangeburg, for the County Orangeburg. of Orangeburg, on the first Mondays of January, May and October; and the Court of Common Pleas at the same place on the Wednesdays after the first Mondays in January, May and October.

The Circuit Courts of the Second Circuit shall be held as follows: Second Cirenit . The Court of General Sessions at Aiken, for the County of Aiken, Aiken. on the first Monday in February, the last Monday in May and the second Monday in September; and the Court of Common Pleas at the same place on the Wednesdays following the first Monday in February and the second Monday in September.

The Court of General Sessions at Barnwell, for the County of Barnwell. Barnwell, on the third Monday in February, the first Monday in June and the fourth Monday in September; and the Court of.

*NOTE.-Hampton was made a portion of the Second Circuit, 1878. (16 Stat., 376.)