posed of in the same manner as if such letters patent had never been issued. feiture of prop erty to the State. SEC. 462. Whenever, by the provisions of law, any property, real Actions for foror personal, shall be forfeited to the State, or to any officer for their use, an action for the recovery of such property, alleging the grounds of the forfeiture, may be brought by the proper officer in the Circuit Court. SEC. TITLE 14.-PROVISIONS RELATING TO EXISTING SUITS. 463. Writ of error in all cases abolished. Appeal substituted. 464. Execution, when issuable on a SEC. judgment docketed before July 465. Application of this Code of Proce- Writs of error in all cases abol. "ppeal substituted. SEC. 463. No writ of error shall be hereafter issued in any case whatever. Wherever a right now exists to have a review of a shed; judgment rendered, or order or decree made, before the first day of January, 1871, such review can only be had upon an appeal taken in the manner provided by this Code; but all appeals or writs of error heretofore taken from such judgments, orders or decrees, which are still pending in an appellate Court, and not dismissed, shall be valid and effectual. But this Section shall not extend the right of review to any case or question to which it does not now extend, nor the time for appealing. issuable on judgment dock eted July, 1870. SEC. 464. An execution may be issued, without leave of the Execution, when Court, upon a judgment docketed before the first day of July, 1870, or now or hereafter to be rendered in an action pending on that day, at any time within five years after the rendering of the judgment. Application of this Code to ac SEC. 465. The provisions of this Code of Procedure apply to future proceedings in actions or suits heretofore commenced and now t ons pending. pending, as follows: 1. If there have been no pleading therein, to the pleadings and all subsequent proceedings; 2. When there is an issue of law or of fact, or any other ques tion of fact to be tried, to the trial and all subsequent proceedings. Definition of "real property." "personal property." SEC. TITLE 15.-GENERAL PROVISIONS. 466. Definition of real property. 471. Inconsistent statutory provisions SEC. 472. Inconsistent rules and practice abrogated. 473. Judges to meet and make general rules. 474. Justices of Supreme Court may make rules. 475. Proceedings by mandamus and prohibition not affected, &c. SEC. 466. The words "real property," and "real estate," as used in this Code of Procedure, are co-extensive with lands, tenements, and hereditaments. Definition of SEC. 467. The words "personal property," as used in this Code of Procedure, include money, goods, chattels, things in action, and evidences of debt. "property." Definition of SEC. 468. The word "property," as used in this Code of Procedure, includes property, real and personal. "Clerk." Definition of SEC. 469. The word "Clerk," as used in this Code of Procedure, signifies the Clerk of the Court where the action is pending, and, in the Supreme Court, the Clerk of the County mentioned in the title of the complaint, or in another County to which the Court may have changed the place of trial, unless otherwise specified. Rule of construction. All statutory provisions in this Code repealed. SEC. 470. The rule of common law, that statutes in derogation of that law are to be strictly construed, has no application to this Code of Procedure. SEC. 471. All statutory provisions inconsistent with this Code of consistent with Procedure are repealed; but this repeal shall not revive a statute or law which may have been repealed or abolished by the provisions hereby repealed. And all rights of action given or secured by existing laws may be prosecuted in the manner provided by this Code of Procedure. If a case shall arise in which an action for the enforcement or protection of a right, or the redress or prevention of a wrong, cannot be had under this Code of Procedure, the practice heretofore in use may be adopted so far as may be necessary to prevent a failure of justice. All present rules and practices in this Code abrogated. SEC. 472. The present rules and practice of the Courts in civil consistent with actions, inconsistent with this Code of Procedure, are abrogated ; but, when consistent with this Code of Procedure, they shall continue in force, subject to the power of the respective Courts to relax, modify or alter the same. The Justices and Judges to meet ral rules. SEC. 473. The Justices of the Supreme Court and the Judges of and make gene- the Circuit Courts shall meet in general session on the first Tuesday in November, 1870, at the Capitol in Columbia, and in every two years thereafter. A majority of said Justices and Judges shall constitute a quorum. At such session they shall revise the general rules of the Circuit Court, make amendments thereto, and such further rules, not inconsistent with this Code of Procedure, as may be necessary to carry it fully into effect. Justices of the Supreme Court SEC. 474. The Justices of the Supreme Court shall, from time to time, make such rules for the orderly conduct of business in said to make rules. Court, as they may deem proper, not inconsistent with this Code of Procedure. mandamus ani not SEC. 475. Until the Legislature shall otherwise provide, the sec- Proceedings by ond Part of this Code of Procedure shall not affect proceedings by prohit.on mandamus or prohibition. affected, &c. TITLE VI. OF PROCEEDINGS FOR THE RELIEF OF PERSONS ARRESTED IN CIVIL ACTIONS. CHAPTER CXXIII. Of Prison Bounds and the Discharge of the Prisoner. CXXIV. Of the Assignment for the Benefit of Creditors. CHAPTER CXXIII. OF PRISON BOUNDS AND THE DISCHARGE OF THE PRISONER. SEC. Prison Bounds. 1. Who entitled to. Limits. 2. Security to be given by persons 3. Schedule to be rendered, &c., by 4. Forfeiture of privilege if schedule 6. If bond be forfeited, debtor to be 7. Clerk of Court to hear applications 8. Trial Justice may art when Clerk Discharge of Prisoners as Insolvent Debt ors. 9. Persons in arrest wishing to sur- 10. Creditors to be summoned by pub- 11. Court to examine as to discharge 12. Petitioner to be allowed certain 13. On making assignments, &c., pris- 14. Prisoner to be remanded for re- 15. Effect of discharge. Prison Bounds. SECTION 1. That any prisoner on mesne or final process in any Who entitled to. civil action, who shall be committed to the custody of the Sheriff of any County of this State, on complying with the requisitions contained in this Chapter, shall be entitled, in every day during his confinement, to be and remain unmolested in any part of the rules, bounds or limits of the prison where he shall be confined; which rules, bounds or limits shall be coterminous with the limits of the County. Limits. 1758, V.7.-21.3; 1841, XI, 153, § 1. Security to be given by priso on mesne ner of Procedure, ? SEC. 2. Any person committed on mesne process shall be entitled to the benefit of the said rules, limits or bounds, whenever he shall have given satisfactory security to the Sheriff of the County where Ib. 2. Code he may be confined as aforesaid, not to go or be without the said 224. rules; and the Sheriff shall himself be liable as bail as he would be in cases wherein he should not require bail to justify after notice, as provided by Sections 215 and 216 of the Code of Procedure. Schedule to be rendered, &c., execution. Miller's Comp lation, 174; Har SEC. 3. Any prisoner in execution on any civil process shall be entitled to the benefits of this Chapter, provided he shall, by prisoner in within forty days from the date of his bond, render to the Clerk of the Court of the County where he shall be confined, a schedule, on oath or affirmation, (agreeably to the form of his religious per- per, 224; 1 Hill, suasion,) of his whole estate, or of so much thereof as will pay and 359; satisfy the sum due on the execution by force of which he shall be confined, and proceeds to procure his discharge either as an insolvent debtor or poor prisoner. SEC. 4. If any prisoner in execution, having given security for the prison rules, shall fail to file his schedule within forty days, and proceed with his motion for his discharge, he shall forfeit the privilege of the rules, and may, by the order of his creditor, be remanded to confinement in the common jail, unless further time, upon cause shown, be granted him by the Court or by a Judge at Chambers. 2 McM., 2 Spears, 176, 686; 1 Rich., 38; 2 Rich., 95 9 Rich., 65. Forfeiture of privilege if schedule be not filed within forty days. XI, 172, 2; 1841, M14,3; 3 Forfeiture of privilege if prisoner refuses to make an assign ment. SEC. 5. In case any prisoner in execution on final process shall neglect or refuse, for the space of ten days, to make an assignment of the estate and effects embraced in his schedule, according to the order of the Judge, Clerk, or Trial Justice, such prisoner 1840, X1, 172, 2. shall no longer be, entitled to the benefit of the prison rules, bounds, or limits, but shall be recommitted to close confinement by the Sheriff, and so kept until such prisoner shall duly make the assignment aforesaid, or pay the debt and costs for which he is imprisoned. SEC. 6. If any person admitted to the benefit of the prison rules do forfeit his bond by going out of the County, the surety shall be liable for the debt and costs, and in the meantime the debtor shall be remanded to prison till the debt be paid, if the creditor require it. If bord be for feited, debtor to 1788, v, 80, ₹ 11; be remanded, &c. 1 MCM.. 10; 10 Rich., 79. |