This transcription has been completed. Contact us with corrections.
RULES OF THE PROVOST COURT, MILITARY POST OF AIKEN. 1. In all civil suits where the amount involved is under one hundred dollars, notices must be served upon defendants at least ten days before the hearing of the case. Where the amount involved is over that sum, notices must be served upon defendants at least fifteen days before the hearing of the case; provided that in case the plaintiff in any suit makes oath that he has good reason for believing that the defendant will remove his property outside of the jurisdiction of the Court or will otherwise endeavor to fraudulently dispose of it to his injury, notice may be served upon the defendant in less than the time herein specified, if in the opinion of the Court, such course is necessary to accomplish the ends of justice. 2. If the judgment of the Court in any case is not satisfied within five days after the proceedings have been approved by the proper Reviewing Officer, execution will issue against the goods and chattels of the party against whom the judgment is rendered as is usual in suits before Civil Courts, unless notice fo an appeal is given within that time. 3. Magistrates issuing warrants returnable to the Provost Court, or binding over for trial before said Court parties accused of crime, will be allowed the fees prescribed by the Acts of General Assembly, State of South Carolina, for such services. Sheriffs and Constables who make arrests, serve summonses or levy executions by order of the Provost Court will also be allowed the fees prescribes by the State laws. 4. The forms in civil suits will conform to those prescribed for the District Courts of the State of South Carolina by the Court of Appeals, October 4th, 1866. In criminal cases where complaints have not been made to officers and Agents of the Bureau or other Military Officers whose duty it would be to prefer them charges and specifications will be preferred by the Court upon the warrant of a Magistrate to whom a complaint is made. 5. Parties to suits before the Provost Court can appear by Attorney or in person as they may choose. 6. In all suits brought before the Provost Court the costs will be as follows: For judgment or verdict of $11.00. For services of Magistrates, or Sheriffs or Constables, the fees allowed by Rule No. 3. 7. When cases are docketed, but are withdrawn or settled before the trial, the cost charged will be $5.00, and the usual fees for Sheriffs' and Constables' services to be paid by the party withdrawing or settling such cases. 8. The Court may, when it thinks necessary, require the Plaintiff or Prosecutor in any case to give security for the payment of costs, provided he fails in obtaining judgment or conviction. WILLIAM STONE, 1st Lieut. 45th Infantry, President Provost Court. A. RAMSAY, N. TEAGUE, Associates. The foregoing rules have been carefully examines, are approved and will govern in suits before the Provost Court for the Military Post of Aiken. Sheriffs, Deputy Sheriffs, Constables, Policemen and Guards of cities and towns within the limits of this Post are hereby authorised to execute any order of the Court approved by the Post Commander. L. WALKER, Brv't Major and Capt. 5th U.S. Cavalry, Commanding Post. HEADQUARTERS, Military Post, Aiken, S.C., September 27, 1867.