42 S.C. 522 | S.C. | 1894
The opinion of the court was delivered by
The eleven cases above stated all depending upon the same facts, were heard and will be considered together. The facts are so fully and clearly stated in the decree of his honor, Judge Izlar, which should be incorpo
It appears that the respondents herein filed their petition before Master Miles, praying to be allowed to intervene and set up their claims against the several claimants (appellants herein) for portions of the several amounts found to be due such claimants respectively. The master declined to consider such petition, and from his refusal to do so the respondents herein appealed to the Court of Common Pleas, where their several appeals were dismissed. Thereupon the appellants herein applied to and obtained from the clerk of the Court of Common Pleas a taxation of their costs incurred under said appeals. To such taxation of costs the respondents herein excepted, and the cases went before his honor, Judge Izlar, upon such exceptions, who rendered judgment sustaining the exceptions, and adj udging that the appellants herein were not entitled to costs. From this judgment these appeals have been taken upon the several grounds set out in the record, which need not be repeated here, as the sole question is whether the appellants are entitled to costs in a proceeding of this kind.
Inasmuch, however, as the State cannot be sued in its own courts except by its own consent, the act of 1891 was passed, in pursuance of section 4 of article XIY. of the Constitution, whereby the General Assembly is authorized to “direct by law in what manner claims against the State may be established and adjusted,” simply for the purpose of enabling those interested in the direct tax fund to have their claims against the State established and adjusted. We do not find anything in the act of 1891 which indicates an intention on the part of the legislature to constitute either of the masters therein referred to a court, in the sense of that term as used in the Constitution. On the
But, as we have said, we do not think that the legislature intended to create a court at all, but simply a temporary commission or tribunal, for a specific, temporary purpose, to ascertain certain claims of a certain character against the State, just as was done in ease of the tribunal presided over by Hon. James C. Coit, which this court held, in Ex parte Childs, 12 S. C., 111, was not a court. Indeed, that case was stronger than this, for there the tribunal was called in the act establishing it “a court,” while in the act. of 1891 we find nothing of the kind, If, then, Master Miles was not constituted a court by the act of 1891, then section 331 of the Code does not apply, and there is no statute allowing costs in a proceeding of this kind.
It is the judgment of this court, that the judgment of the Circuit Court be affirmed.