of other papers

filing.

Labels.

to be made upon

arranged for each term, according to defendants' names, all relating Endorsement to the same cause together. Other papers required to be returned and manner or to, or kept in the office, shall be endorsed with the character, date of filing, and number on file, numbering each kind from one onward, and keeping all relating to the same matters together, under the same number, and shall be filed according to date and number, in appropriate boxes, with suitable labels, put up in packages, rated according to the year in which they may be filed; upon the envelope or card there shall be an endorsement of the description or kind of papers therein, and reference to number, under the following heads: Bonds in Attachment, Bonds of Constables, Certificates from Su-preme Court of Trial Justices' Appeals, Commissions, Inquests by Coroner, Reports, &c., de Lunatico Inquirendo, Naturalization, VeEndorsements nire Facias, Estrays, Dower, Partition, Escheats, Affidavits, Attachthe record. ments for Contempt and Rules, Sessions papers disposed of, to be transferred after judgment, where the same may be authorized. The following endorsement shall be made upon the record where the proceedings warrant it, viz: On the judgment roll, the date when filed, number on docket, date and amount of judgment in figures, amount of taxed costs, judgment, when signed, execution, date of issuing, and at the top, at some conspicuous place, the number roll. On Bilis of Indictment, date and character of finding by Grand Jury, number on docket, arraignment, verdict or other disposition, and date, amount of taxed costs, execution, date of issuing, Sessions and kind. On all papers returned by Trial Justices in the Sessions, shall be endorsed their character, and date of filing. On every execution, before leaving the Clerk's office, shall be endorsed, near the top, the number roll, or, if in the Sessions, the term under which the case is filed, and, in all instances, when an execution is returned for renewal, the fact and date of such renewal shall be endorsed on the execution so returned, and on the renewed execution shall be endorsed the date when first execution was lodged in Sheriff's office. All original papers in dower, partition of real Original papers estate, and inquisitions, shall be filed according to number roll, the papers pertaining to each case being placed together, and the number roll plainly endorsed on the envelope, or outside paper, and also the book and page of record.

1

On Bills of Indictment.

On

papers.

On executions.

in dower, how fled

Books to be

SEC. 10. That the books to be used by the several Clerks shall used by Cle ks. be well bound and of good materials, as follows:

Ib., 102, § 8.

1. Court Common Journal.

of

1. "COURT OF COMMON PLEAS JOURNAL"-Which shall contain Pleas a full account of the proceedings of Court, from the opening to the adjournment, excluding motions refused. A short statement of each case called, and manner of disposition, and every order of reference, each under a general order, as far as may be; record of the names

of the jurors composing each jury, and all changes therein, and designating the jury who may try each cause under the title thereof, together with an exact copy of their verdict; and whether upon trial before jury or Judge, or by default, and if in default, whether in proof or reference, and all assessments, each in words at length, and not in figures; awards confirmed; confessions of judgment during Court; final judgment; copies of all orders passed, or motions granted, and other matters specially ordered by the Court to be entered.

General Sessions

Ib.,

2.

2. "Court of GENERAL SESSIONS JOURNAL"-To be kept in 2. Court of a separate volume, after like manner, as far as may be, and includ- Journal. ing the finding of grand juries on bills given out with their other presentments; and sentences of the Court on parties convicted; orders of estreat; fines imposed, and other matters specially ordered for entry by the Court.

3. Indexes to Journals of Common Pleas and General

3. "INDEXES TO THE RESPECTIVE JOURNALS OF THE COMMON PLEAS AND GENERAL SESSIONS"-To be alphabetically arranged at the end of each volume, which Index shall always be brought up sions. by the first day of each succeeding term.

Sex

1850, XII, 70.

4. Rules.

1839, XI, 103,

4. “RULES”-In which shall be entered every case, on filing the complaint, showing, in separate columns, Names of Parties, Plain- 8, 3. tiff's Attorney, Defenant's Attorney, date of filing Complaint, date of Answer, Demurrer, etc., replication, and date of order for Judg

ment.

5. "DOCKETS"-For Issue, Sessions and Contingent, to be kept in separate volumes, for the use of the Court; and a Bar Docket, in a single volume, to be made on and before the meeting of the Court, and the Issue Calendar and Contingent, to be kept up as the pleadings are made up, or cases occur during the term, for both the Court and the Bar. No cause shall be entered on the Docket, except by the Clerk, or his Deputy, nor by him, until the pleadings are made up. The Dockets for the Court shall be regularly preserved as a record of the Court, and shall show, in separate columns, the number of Cause, number of Term, names of Parties, cause of Action, Plaintiff's Attorney, Defendant's Attorney, (and, in the Sessions, Prosecutor's name;) Order of the last Court, and place for the event of suit, to be entered by the Judge.

to contain what.

The Sessions Docket shall contain, separately arranged, cases of Sessions docket the previous term, under the title "Traverses;" and cases under the present term, under the title "Calendar."

Contingent docket to

The Contingent Docket shall contain, in the Sessions, all the Rules, Bills found in which Defendants have not been arrested, and tain what. cases struck off, but in which nol. pros. has not been entered, to be called on motion of the Solicitor.

Ib., 5; Code of

288, 303, 305, 536,

6. Abstract of 6. "ABSTRACT OF JUDGMENTS"-In which shall be entered judgments; what contains. each case wherein judgment may be signed, including each case in Procedure.23 269, dower, partition and escheat, after judgment or final order, with 337, 399, 400, 401. separate columns, showing number of Enrollment, names of Parties, cause of Action, Attorney, date of Judgment, amount of Judgment, time of bearing Interest, how Judgment obtained, Costs, (separating Attorney, Clerk, Sheriff, Witnesses and Total,) kind of Execution, date of Issuing, Sheriff's Return, when Renewed, and Satisfaction, together with an Index, by the names of Defendants, and a cross Index by the names of Plaintiffs, each alphabetically arranged and kept in separate volumes, with the number of enrollment of Judgment.

7. Sessions Index.

7. "SESSIONS INDEX"-By names of Defendants, alphabetically 1839, XI, 104, arranged, together with the offence charged, disposition of the case, and the term when ended, and number on file.

7.

8. Pleadings

Ib., ¶ 8.

8. "PLEADINGS AND JUDGMENTS"-In which shall be entered, and judgments at length, the Complaint, Answer and Judgment in each cause wherein judgment may have been signed, and, also, the proceedings in Dower, Partition and Escheat, when the final order and judg ment of the Court shall have been had, with an Index to names of Plaintiffs.

9. "CONFESSIONS OF JUDGMENT BEFORE CLERK "-Into which shall be entered such proceedings kept with reference to the num ber of enrollment in Book of Abstracts, instead of page, together with an Index to this particular volume, in the names of Defend

ants..

10. "FINES AND FORFEITURES"-In which shall be entered the names of all persons fined by the Court, or whose recognizance may be estreated, with separate columns, showing names, cause of fine, when fined, by whom fined, amount of fine, to whom due, when collected, by whom collected, why not collected, when paid over, and to whom.

11.

TRIAL JUSTICES' AND CONSTABLES' ROLL"-In which shall be entered the name of each Trial Justice and Constable, on taking the oaths of office, representing, in separate columns, the names, date of qualification, office, expiration of term, a genuine signature, and, in the case of a Constable, the names of the sureties to his bond, with an index of each name, alphabetically arranged.

12. "ESTRAYS"-In which book shall be entered, in separate columns, date of entry, kind of entry, description by appraisers, and their names, name of the Trial Justice, appraiser's valuation, by whom taken up, when sold, and disposition of proceeds.

13. "Book oF ORDERS Appointing Receivers of Judgment Debtors."

14. Miscell

neous Index. 1839, XI. 14,

14.

14. "MISCELLANEOUS INDEX"-In which shall be entered, alphabetically, the names of all aliens who have taken any step towards naturalization; all persons concerning whom proceedings de lunatico inquirendo may be instituted; names of aliens natural- Names of aliens ized; certificates and papers concerning corporations, and all mat- steps towards na ters required by law to be recorded and not otherwise provided for, referring to papers on file by number and label.

who have taken

turalization, &c.

SEC. 11. The preceding books, required to be farnished and kept Sze of books by the Clerk, shall be of the following sizes, respectively:

1. Court of Common Pleas Journal, General Sessions Journal, Rules, Fines and Forfeitures, and Estrays, each of the size denominated "Demi;" the Journals containing not less than six quires each, and the other books not less than three quires each.

2. Docket, Sessions Index, Confessions of Judgment before Clerk, Trial Justices' and Constables' Roll, Book of Orders Appointing Receivers of Judgment Debtors, and Miscellaneous Index, each of the size denominated "Broad Cap," the first named containing not less than two quires, and the remaining books not less than four quires each.

3. Pleadings and Judgments, in a volume not less than the size denominated" Medium," containing not less than six quires.

4. Abstract of Judgments, of the size denominated "Super Royal," containing not less than four quires.

5. Indexes to preceding volumes, of the size denominated "Long Demi," containing not less than six quires.

required to kept by Clerks. Ib., 105, 8.

be

to Judge before adjournment, daily.

1791, VII, 279,

SEC. 12. That to prevent false and erroneous entries in the Jour- To read minates nals of the Courts of Common Pleas, it shall be the duty of the Clerks of the said Courts, respectively, on each day previous to the adjournment of the Court, to read over to the Judge who may pre- 1. side the minutes or entries which shall have been made during the day in the said journal.

SEC. 13. The Clerk shall not, in any case, permit either the books or records to be removed from his office, though it shall be his duty at all times to permit either party to a suit, or his agent, or attorney, to inspect or copy, during the pendency of suit, any papers pertaining thereto, without charge, or to furnish, on application, certified copies thereof, on payment of fees per copy sheet.

Books and records not to be from Clerk's office.

removed Pleadings mav coped by parties neys pending

or their atto

suit.

1839, XI, 105,

§ 9.

Abstract of lost

decrees to

te

in Counties

SEC. 14. The Clerk of the Court of Common Pleas in each of the Counties of this State, in which the public records in the judgments and custody of such officer were destroyed or carried away during the kept by Clerks war of 1861, '62, '63, '64 and '65, or in any other way lost, shall, at the expense of the funds in the hands of the County Commissioners for his County, procure a book or books of proper size, and

where public reor destroyed.

cords were lost

18 5, XIII, 355, 22.

Clerk may ad

minister oaths,

suitably ruled and securely bound, to be labelled "Abstracts of Lost Judgments and Decrees," or, "Of Lost Decrees," as the case may be, in which he shall enter an abstract of every judgment or decree, a new record of which shall be ordered to be substituted, setting out in distinct and appropriate columns all the particulars required to be ascertained by the order of the Court, and such entry shall, without other or further record, be good and sutficient in law for all purposes for which the original record itself could have been used, and of equal authority therewith in all respects.

SEC. 15. That the Clerks may administer oaths, take deposi&c.; an orders tions and affidavits, sign orders of reference in vacation made by consent of parties, and take renunciations of dower and inherit

of reference, &c.

1839, XI, 112, 32.

May act as attorney.

1871, XIV, 538.

Not to act as Sheriff or Deputy Sheff.

1839, XI, 112, 32.

To enforce jury laws.

ance.

SEC. 16. They shall have the privilege of acting as attorneys and solicitors in all the Courts in the State, except in the Courts of their respective Counties, provided they shall have complied with the requirements of law regulating the admission of persons to practice as Attorneys, Solicitors and Counsellors in the Courts of this State.

SEC. 17. They shall not act as Sheriffs or Deputy Sheriffs, except as provided by Section 4, Chapter 20, of this Act.

SEC. 18. It shall be the duty of the Clerk, diligently and uprightly, to put in execution the laws of force directing the drawing, 1869, XIV, 236, balloting, impanneling, and summoning of jurors, so far as his co7; 1871, XIV, operation may be required.

Ib., 105, 10;

690.

To make roll of

jurors and cor the amount due

stables, showing

each, &e.

1839, XI, 106,

14.

SEC. 19. That immediately after the adjournment of any Court of Common Pleas and General Sessions, the Clerk thereof shall make out a roll of grand jurors, petit jurors and Constables who shall have attended the same, exhibiting the name, time of service, and amount due each juror and Constable, and the term at which Copy to be furnish Coun- the service was performed, and shall enter the same on the Journals ty Commission- of the Court of the term when such service shall be performed, and To furnish cer- shall forthwith transmit to the County Commissioners of the County a certified copy of such roll, and shall furnish each juror and Constable with a certificate in the following form:

ers.

tificates to jurors and constables.

Form of certificate.

"STATE OF SOUTH CAROLINA :

I, A B, Clerk of the Court of Common Pleas and General Sessions for County, in the said State, do certify juror, (or actually served

days

that

attended as a

as a Constable, as the case may be,) for

said County,

Term, A. D.,

dollars and

cents;" which certificate shall

and is entitled to receive for the