SECTIONS OF THE CODE REFERRED TO, EXPLAINED, OR DECLARED IN PART UNCONSTITUTIONAL BY SUPREME COURT. First number refers to Volume of Report; second number, to number of page. Section 40 of the Code, without being cited, is affected by Davenport v. Cald well. X S. C., 347. DIRECTIONS FOR USE. The original numbering of the Code has not been disturbed. If the Section has been repealed, the number is left, with a marginal reference to the repealing Statute. The references to the adjudicated cases bearing on the various Sections are noted by two classes of numbers; the first number indicates the volume of the Report; the following numbers, the page where the reference to the Section by the Court is to be found. All Acts or parts of Acts affecting the practice will be found in their appropriate places. THE CODE OF PROCEDURE OF THE STATE OF SOUTH CAROLINA. SEC. 1. Division of Remedies. 2. Definition of an action. 3. Definition of a special proceeding. 4. Division of actions into civil and criminal. 5. Definition of a criminal action. 6. Definition of a civil action. 7. Civil and criminal remedies not merged in each other. 8. Division of the Code of Procedure. SEC. 1. Remedies in the Courts of Justice are divided into: (1.) Actions. (2.) Special proceedings. Remedies. SEC. 2. An action is an ordinary proceeding in a Court of Jus- Action. tice, by which a party prosecutes another party for the enforcement 4-36. 8-62, 112. or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. SEC. 3. Every other remedy is a special proceeding. SEC. 4. Actions are of two kinds: 1. Civil. 2. Criminal. Special Proceeding. Division of Actions. Wilson vs. Rabb (Mss.) tion. SRC. 5. A criminal action is prosecuted by the State, as a party, Criminal Acagainst a person charged with a public offence, for the punishment thereof. SEC. 6. Every other is a civil action. 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 Code of Procedure is divided into two parts: first relates to Courts of Justice and their jurisdiction. second relates to civil actions in the Courts of this State. The Civil Action. Remedies not merged. Division of Act. The PART I. OF THE COURTS OF JUSTICE AND THEIR JURISDICTION. TITLE I.--OF COURTS OF JUSTICE. The several Courts. Their jurisdiction generally. CHAPTER I.-THEIR DESIGNATION. 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. (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. S. Mayors' and Intendants' Courts. SEC. 10. These Courts shall exercise the jurisdiction now vested in them respectively, except as otherwise prescribed by this Code of Procedure. Jurisdiction. of final judgment. 15 Stat., 495. TITLE II. SUPREME COURT. SEC. 11. Its jurisdiction. 12. Power of Court. 13. Terms. Preference of Causes. 16. Courts, where held. Adjournment. SEC. 11. The Supreme Court shall have exclusive jurisdiction to review upon appeal: 1. Any intermediate judgment, order or decree involving the merits in actions commenced in the Court of Common Pleas and General Sessions, brought there by original process, or removed |