Such unlaw

ful judgments to

lb., § 3.

SEC. 10. In case any judgment shall be confessed, or obtained contrary to the prohibition herein before expressed, the same shall be vacaten. be ordered to be vacated and annulled by any Judge of the Common Pleas, at Chambers or in open Court, upon any information that may satisfy him that the said judgment is in contravention of the intent of Sections 8 and 9 of this Chapter.

SEC. 11. The provisions of Sections 8, 9 and 10 of this Chapter Not applicable shall not apply to any apothecary, so far as his dealings may concern the sale of his drugs and medicines.

Proceedings Against Unincorporated Associations.

to apothecaries, Ib., 24.

Name by which 1865, XIII, 315, § 2.

SEC. 12. That all unincorporated associations may be sued and proceeded against under the name and style by which they are to be sued. usually known, without naming the individual members of the association.

Service of

cess.

prc

Ih., § 1; 1863,

SEC. 13. Process served on any agent of any unincorporated association doing business in this State, under the name and style by which it is usually known, shall be sufficient to make such associa- XIII, 215, § 1. tion a party in any Court of record in the County in which such agent may be served.

Liability un

Ib., 2.

SEC. 14. On judgment being obtained against such association under such process, final process may issue to recover satisfaction of der tinal process, such judgment, and any property of the said association, and the individual property of any copartner or member thereof, found in the State, shall be liable to judgment and execution for satisfaction of any such judgment.

Payments for Injuries to Sheep.

SEC. 15. That the owner of any dog, or person having in his care or keeping any dog, shall be liable to pay to the party injured, double the value of all sheep that may be killed or injured by such dog, to be recovered by action at the suit of the party injured, in any Court having competent jurisdiction.

Costs allowed.

SEC. 16. In all actions brought for the recovery of damages, under the provisions of the last preceding Section, the recovery of Ib., ¿ 2. two dollars shall in all cases carry full costs.

Miscellaneous Provisions.

Recovery of damages for imm

chastity to women.

SEC. 17. If any person shall utter and publish, either by writing or verbally, any words of and concerning any female, imputing to puting wart of her a want of chastity, the said person, so uttering and publishing said words, shall and may be liable for damages, in a civil action, brought by the said female of whom said words may be uttered and

23.

1821, VI, 236, 2 Bail.. 115; 10

Ricb., 44.

Measure of damages upon

covenant, &e.

published, without proving any special damage; subject, nevertheless, to the rules of evidence at common law.

SEC. 18. In any action or suit for reimbursement or damages, upon covenant or otherwise, the true measure of damages shall be 1824, VI, 238. the amount of the purchase money at the time of the alienation, with legal interest.

4; 2 N. & McC.,

199, a Cheves,

127; 1 McM., 37.

Right of sure

debt of princi

SEC. 19. The payment of a debt secured by judgment, by a ty who pays surety, shall not operate as a satisfaction of such judgment against the principal debtor; but by such payment the said surety shall be 1849, XJ, 556; 7 entitled to all the rights and privileges of the plaintiff in said judg

pal.

Rich., 399.

County Trea

force collection

ment.

SEC. 20. Any County Treasurer may enforce the collection of any surers may en- tax or penalty assessed under the provisions of Chapters 12 and 13 of taxes, &c., by of this Act at any time after the same becomes due, by distraint, 1868, XIV, 38, attachment, or other legal proceedings, instituted in his name as

distraint, &c.

? 35.

such Treasurer; and in case of his death or retirement from office before the collection of such taxes or penalties, his successor in office, or subsequent Treasurer, may be made a party to such proceedings, and prosecute the same to final judgment and execution.

SECTION 1. Remedies in the Courts of justice are divided into: 1. Actions; 2. Special proceedings.

SEC. 2. An action is an ordinary proceeding in a Court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense.

SEC. 3. Every other remedy is a special proceeding.

SEC. 4. Actions are of two kinds: 1. Civil; 2. Criminal.

SEC. 5. A criminal action is prosecuted by the State, as a party, against a person charged with a public offense, for the punishment thereof.

SEC. 6. Every other is a civil action.

tion.

Criminal ac

Civil action.

Remedies not

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 merged. other.

SEC. 8. This Code of Procedure is divided into two Parts: The first relates to Courts of Justice and their jurisdiction; the second relates to civil actions in the Courts of this State.

Division of Code of Proce

dure.

PART 1. Of the Courts of Justice and their Jurisdiction.

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 ; and (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.

8. Mayors' and Intendants' Courts.

The several Courts.

Their juris diction

gener

SEC. 10. These Courts shall exercise the jurisdiction now vested in them respectively, except as otherwise prescribed by this Code of ally. Procedure.

SEC. 11. The Supreme Court shall have exclusive jurisdiction to review, upon appeal:

1. Final judgments in actions commenced in the Courts of Common Pleas and General Sessions, brought there by original process

Jurisdiction.

Of final jud

ment.

Of order affecting a substantial right.

or removed there from any inferior Court or jurisdiction; and, upon the appeal from such judgment, to review any intermediate order involving the merits and necessarily affecting the judgment.

2. An order affecting a substantial right made in an action, when 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; 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 contain 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, on a case made or on exceptions taken, if the Supreme Condition of ap- Court shall determine that no error was committed in granting the granting new new trial, they shall render judgment absolute upon the right of the

peal from order

trial.

Final order

stantial right.

appellant; and after the proceedings are remitted to the Court from which the appeal was taken, an assessment of damages or other proccedings, to render judgment effectual, may be then and there had in cases where such subsequent proceedings are requisite.

3. A final order affecting a substantial right made in a special affecting sub proceeding, or upon a summary application in an action after judg ment, and upon such appeal to review any intermediate order involving the merits, and necessarily affecting the order appealed from. SEC. 12. The Supreme Court may reverse, affirm or modify the judgment, decree or order appealed from, in whole or in part, and as to any or all of the parties; and its judgment shall be remittel to the Court below, to be enforced according to law.

Power of Supreme Court.

Terms.

causes.

SEC. 13. The Supreme Court shall hold, annually, at the seat of government, two sessions, the one commencing on the fourth Tues- ' day of November, and the other the first Tuesday of April; and each of said terms shall be continued for so long a period as the Preference of 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 on the calendar. Ou 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.

But

SEC. 14. The concurrence of two Judges is necessary to pronounce a judgment. If two do not concur, the case must be reheard. 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.

Judgments.

Rehearing.

Opinions.

Sheriff to pro

SEC. 15. If, at a term of the Supreme Court, proper and convenient room, both for the consultation of the Judges and the vide rooms. 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 expenses 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 appointed to be held. Any one or more of the Judges may adjourn the Court with the like effect as if all were present.

Courts, where held.

Adjournment.

SEC. 17. The State is divided into eight Circuits, as follows: