
    CONSTITUTIONAL COURT,
    COLUMBIA,
    NOV. 1802.
    Fraser v. McLeod.
    Leave to plead double, or to withdraw a plea and plead de novo, cannot be granted by a judge at chambers, but must be applied for in open court.
    The constitutional court will not grant leave to plead double, or make any other original order, which has not first been applied for in the district court.
    f In this case a motion had been made in the vacation, after May term, 1802, in Charleston district, before Trezevant, J.. at his chambers, for leave to withdraw a plea of ralease, which had been authorized to be pleaded, together with Hon assumpsit, and substitute the statute of limitations under the leave to plead double. This motion was refused by the judge, on the ground, that a judge at chambers cannot grant leave to plead double ; but that such mo. tion must be made in open court. The motion in this court, was to correct this erroneous decision, as it was deemed, of the judge, and to obtain leave to substitute the plea of the statute of limitations as aforesaid.
    Desaussiíke, and Ford, argued,
    that it had always been the uniform and constant practice of the court in this country, for such orders, or license to plead, to be made at chambers; and that it is founded in convenience. That the statute 4 An. c. 16, P. L. 95, which requires that double pleas to be filed, shall be by leave of the court, may be construed to mean by leave of a judge at chambers ; and t hat many instances might be quoted where legislative acts, requiring a thing to be done under an order of court, may be legally done by the order of a judge granted at chambers. They also contended, that notwithstanding this court might decide in confirmation of the . decision of the judge at chambers, yet that this court will now grant the leave to plead, moved for to' the judge at chambers : for that this court is not bound to matters of appeal alone, but may decide all questions on points of law submitted to them.
   But the court, all the judges present, confirmed the determination of the judge at chambers, and agreed that leave to plead double, pursuant to the stat. 4 An.c. 16, for amendment of the law, must be granted in open court, and cannot be given by a judge at chambers. See Comp. Prac. 1 vol. p. 171, sec. 4. And refused the motion for leave to plead the plea required, as all original notions must be first decided in a district court, and ought never to be decided upon it in this court, but upon appeal.  