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T m IN . _ E R
VOL m.] WINNf3BORb,.- S. 0It- TRUR19DAY, OjCTOBER 4 , 1'868. 106
eUELIsHZD IaVRT TUMSDAT, THIURIO
VAT AND SATURDAY,
g 1 G 'd, Desportes & Co.
il Witsboro,' S. C., at <46.00. per an
num, in advan6e.
HE FAIRIELD HERALD,
I UBLISHED EVERY WEDNESDAY MORN
INGt AT $8.00 PER ANNUM.
TO AMEND AN AOT ENTITLED "AN ACT
- TO ESTABLISH DISTBIT COURT8."
I.- Be it enacted by the Senate and
House of Representatives, now met and
sitting in General Assembly, and y the
authority of the same, as follows: That
an Act to establish District Courts, Pas.
sed on the twentieth day of December,
in the year of our Lord one thousand
eight hundred aind sixty-five, be, and the
same is hereby, repealed, except as to
its first and second sections, to wit: In
ach Judicial District of thp State, ex
:ept Charleston, there shall be establish
ed a District Court.which shall be or
ganised by the Judge thereof as soon as
possible aftor his election ; exoe k in the
Judicial ,Distrie% of. Charlestoit there
shall.be established two District Clurts,
one for the Election'District of Charles
ton arid one for the ElectM.'District of
Berkeley. The Judge of bh District
Court shall receive from the Treasurer
pf the Stath a salary of five hindred dol:
la'r a year, payable quarterly, ahd he
shall be' ,eatitled, for a further
compensatior, to jreceive annually, from
the Distaict Court Fund, as hereafter
prescribed, an additional sum, to be paid,
quartfrly on his own'draft, as follows:
F4or Abbeville Diatrict, seven hundred
dollar.; Barnwell Distrit- Seven hun
idred dollars: Colletdn District, bne
thousaitd dollars; Chester District, Rve
hundred dollars; Darlington District,
live hundVd dollars; EdIgefield District,
eight hundrea dollars; Fairfield District,
tivo hun'dred dollars; Guorgetown Dis.
trict, oVie thot.sand dollars; Laurens
District, five hundred dollars; New.
bprry Dirot five hundred dollars;
Orangeburg District, five hundred dol
lars; Richland District, one thousand
dollars; Sumter District seven hundrd
dnllars; Unvion Nistriok hve hundied
dollars; York District, fiVe hundred dol.
1arb ; Williamsburg Didtrict, fye hun
'dred dullers; Berkeley Election Dictrict,
one thousand dollars;-Charleston Elec
tion District,, one thousand dollars ;
Beaufort Distri.-:t, one thouskud dollats ;
Kersh'aw District, five hundrd dollars;
ard for the District Judge of each of the
'othur Judicial Districts of this State,.
five hundred dollars: Providad, houever,
That in case the District Court Fund in
any District shall prove insufficient. for
the purpose fok such additional compen
satiort, He herein provided, no claim for
the whole or an part of %Qdh additional
compeisation, upon the treastry of thd
State, shall arise by. rkason df such defi -
tiency : And prov' , aho, That. the
time when the salaries herein provided
for shall bommence shall be when the
Court is urganised, and the Judge is em.
powered to execute this Act. ..
ft. That the District Courts hereto
fore establhed by law.he orkanlEed by
'the Judge thereof, immediately, after
the paeeage of this Act and that each of
the said JTud s~ respectively, shall rE-.
e4i'e the sala y heretofore p*ovided by~
III. The OlerIj.and $heriff of the sev
eral Judicial Districts of the State shall
act as the Clerk aind Sheriff of the Dis
trict Court, or Copurts, within their re
pactive District.' and may perform
tir duties in person or by deputy.
Te JudgE', Clerk and Sheriff~ of a Dis.
t'set, shailla'i, before entering o1k the
- duties of his offoes take the offecal 1 dth
prescribed by the .Conetitnuion.'of .the
state, and also the oath or oaths requir
ed epedially to be rakren by the ii:uur
beets of such oiloee an the Seperior
IV. insat the District Court shall
hiave exclusive jerIstuion, 5,et t
ithte'igh't et appedl ini CAo'de
in all oadas of lar8ay av msdeneanol,.
h -eaed etvagrancy and inal *1 ases
ofrising wathl'b the limits of
'the ~9~i~aDistrict in which they ar~
V. 41jsetiene Id - he -District
tosrta AaIb.fi by the Attor.
' hey General or b the S4holor '4 the
it o wich Damit Coweat b4
or b zet O,4e by suc
~absence of tse, eatorneysppein*
Moucrrttwiasiiotb Mabje to peal
as aforesaid with the Court of Common
Pleas, in all civil causes in which the
title to land is not involved, and in which
the debt sued. fo or the amount of dam.
ages claimed, does not exceed one hun.
dred dollars1 and the sum which limits
the proceedings by summary process, in
all Courts of law, is enlarged to one hun.
dred dolla's, exclusive of dosts;- and
exclusive jurisdiction in all uhaiters of
contract between employer and employ
ee, master and dpprenuce, where the
amount exceeds t1enty dolluft.
V1. The Judge of the District Court
shall be invested with po*lr to examine
and supervise all prosecutidli% tommit.
ments and warrants of streAtsmute
before or issued by any Majisrate writh
in his District. for an! N meanor;
And it shall be his da* 4p 'o
aade to him, to ixAitui aw e mor
its of Oie same at.any tile befor, trial,
and toAirego the discoWttna thereof,
on such terms and. conditidfio .ae may
:seem to hin most conadve to the ends
of justice; and for this purpoe, he is
authorized to summon before him the
parties and-such witnesses as may be
V1. The Judge of the District Court
shall, in all respec.., have the power of a
Magistrate of his district. He shall ox.
ercise supervision over the Clerk sad
8wriff of his Court in all matters apper
VAining. tb-hejurisdiction and business
of sand Curt; also deer the coroner, all
Magistrates, Constables and Boards of
Commissioners pf his District, and fVom
him to any of them may prodeed orders,
rules, attachments or writs of mandamus,
prohibition, ceiervi fo warranto, or
sciri facias .
IX. The Judge of the District Court
shall have the pswe, and be subject to
the duties, and U liable to the penalties,
in respect to babaescorpw, conferred aid
imposed upon t**t Magistrates, under
the ninth section of the "Act concerning
the office and duties of Magistrates.
passed th twenty-first day of December;
Anno Dotin one thousand eight kun
dred and thirty nine; lie may admit to
bad in all casos bailable, and in all cases
triable in his Court, and may also exer-,
cise jurisdiction, under habeas eeus, at
Common Law, In all cases within bis
District-, except that he shall not have
the p4wer to discharge or let to bail ady
persau charged with a felony not clergy
able after a truq bill has been found.
X. The Judge of the District Court
shall have the power given to two Mag.
istrates by the "Act for the promotion
of industry and for the sapprebsion of
vagrante and other disorderly *0rons,"
ratified on the twenty eighth 'day of
March, Aniio Dommni ou thousand
seven hundred and eighti-seven," and
shall likewise have the pdwer which two
Magstrates have under the twenty.
third section of "An Act conoerning the
ofcl and duties of Magistrates," ratified
dn the twenty-Br day of Deopmber,
Anno Domini one thousand eight hun.
dred and thrty-nine Is .pt, to ten
ants holding over; and ii ae of a ti'n
ant's holding bver, or of an issue of Ma
under the PYrison'Bound Att, or in any
other case wh*n, by lats, there I pr?vis.
ion made for tnAl by i Jury or More
Magisttates bre'now dirwWted to dd, and
have trial before himself, or may take
the 'as& in. his own 0eur and submit
to a Jury org nised thet as heriaftef
provided. In all sich -aee, senept
those in relatqn to tosnan holdiut over,
of totoible entry and 'etainer,' *d* of
issues indir the Prison Oxenk0 Act,
there shall eXist a right of app"I to the
C~ircuit Judge at 0himbev,re in open
Court, who sel'have powr ibsrse
the decision, grants a.nw tria1 or order
an issue to be madeop to be taled in
the Circuit CotuA
II. *he bistrlqqCoat shalt bo:a
Court of Recor'd and sliej: be' qmys
open. It aha)l evt. the ,Same Wwer
aund jurisdiction, subb - -to rtight o' -p
peal to the Appeeiont, a sthe Suer.
or court of lAW in referemo t is
06e* of tenkacti *I @Wif,
Di*tict plice, ad the Judge of the
DistrikouA ihll have. diadretionary
power to hoe ad deternine all cases,
civil and ori within the jurisdiction
of the agie, osubmittiig them to
a Jury1rovided neither shall de.
- ma ury.. al P , An ap.
peal may be to the Court of Ap.
peals in all ited bef6re the said
Court in whias peals are allowed by
law from the 01 t Corts, and in no
other oases whbever. It shall sit in
such place as L*be furnished 'by the
Commissioners blio Buildings, who
are hereby to provide a suita
ble place, wh be held at the
Court House of District; except in
Oarieley, in whiab the places shall be
Axed by the Ditiot Judge; anJ in. the
Di'Strict of MiA. where the Court
shall be held tely at the Court
House in the 0 of . Beaufbrt 1id at
XII. The Di Court shall hold
quarterby sessioe, and the Judges of
the Court of Appoals shall, froni time to
time, fix the dy4k# the quarterly ses.
sion of the Distr"*i Court. They shall
also, from time to time, make-rules and
prescribe ahort ad simple forms for
the transaction af business and the
conduct of causes the Districtiourt.
Xlii. The $ of the District
Court may pra in the Superior
cotirt; except in whicl have 'etO
ar#utd before him heard in his Codrt;
but lie shall not a partner in the
practde of law uity in the bistrict
of which he is J
XIV The re 4ay Pf the quatterly
seson of the D O6urt shall be ten
days before the 4ay of the sitting
X lW l (3rk id -$het.
iff shalt be paiR in assh, by the 'party
requirihg the servioesand according to
the Judgment'of the Court, may or may
ant be reovered from the oppostite par
XVI. TIhe Clerk shall keep, separate
ly, for the District Court, the dodket
rulee book and journals, as prescribed
by law for tie Superior Courts, to be
furnished hint by the Oommissioners of
Publio Builing, and shall file all papers
In the mode prescibed in seventir section
A. A.,.1839, .11th Statutes . pt Large,
p. 70, but he shall enter al. judgments
and decrega along and in chronological
order with the judgements and d reed
of the Superior Courts. The aerif'
shall enter all f4pers and -sales in - the
bookd niow kopk by law in his office. .
XVII. In cae of a, vacancy in the
office of fistrict Judge, by death, reig
nation orbLherwise, the Governor shall
immkediatdly appoint a , suiceessor, ho
shall hold oc. uttil a Jvdge shallI
appobited by the Legisature, and sha:1
have qualied. Dutng his ootinuuoei
in office, he shall hold no other offle of
proft or trust in this State.or the tuni
KVIII. The rules of practice which
prevail in the Superior Otrte shall be
applied to the District dourt, unless
othegwibo specially provided by the rules
to be made by the Courtof Appeals or
.by the Act of the Legislatur' but no
rAle o: order ofany Court ot Judge in
this State shall rumire the printing by
a party to a-suit of any repott, bri, or
other paper convected wIth aPPeSS.
%IX. All ones impdwtt by the Dial I
ti Oou4t shall be paid to the COpmis- I
sionere of Publig Buildngs of the Judi. I
clal Dispict sn which the -Courtis dost- I
ed i but all fines inposed by %he Oourt
oGeneral Sesions - shall consLitute a i
part of the District Fund, and in Charles
torn District be egnally divided between
the District Courts of Charleston and
Betkeley, And the said District Fund,
In addition to the said Auss,.alu dun ist -
of a docket fee of one dollar', In civil
eases in which the amou*t distnaaded is
nder' Aly dollars, qdtwo dollars If the j
aim demianded exdsd that ajeoupts ;1
twO dollars in,every criminal cause, and
two deliars for the report inueveryOsae a
ctfp.ltheaid dooket fees to bel
padbt.same parties who ar.liabe
fthedther fess :n the esfsby the
or~ sf thiA%. -
by MarG 'e. of
sessh ends e I
rate book kept for the pukpose, in whidh
he shall enter all money received and
all money paid on the dift of the Di.
ri6t Judge, withddt *hich he will make
no 0ayment. He shall make semi.
annual returas of said account to the
Distrilt Jt1dge, u annual returns to
the Comptioller-4eneral, oh or -belore
the first of Ocwbet, acoonipanied by
XXL The feib fr Attorneys, Attor.
hey-General, the Solicitors aid their
Deputies, Sheriffs idd Clerks, shall be
the same in the Astribt Court as now
rovided bylaw in the Superior Cdtrrt
n a crumanal casei'if the acueed be
convited, he shall be liAble to all the
cots of prosecution. If bollettidli from
the convict cannot be had; th6h the
State shall.be liable for oft-half 76f said
costs. If.the aocused be actluittd ths
Judge before whom the trial $114ll be
had, if he has become aaised duHift
the trial that the prosisutibn wfs with.
out probable cause, may order that the
prosecutor shall pay the costa of the
prosecution, for which the Clork shall
issue execution. -As soon after the or
aisation of the District Court.as may
be practicable, the Judge thereof shal
rder a sTal Court, at which he shall
cause to drawn a full panel of Griand
sail Petit and Please Jurors, in the
manner prescribed by44w for the Sup.
ior CouR, and at- bach term of the
District Court thereafter, Jurors shall be
drawn in the manner now prescribed by
law for the Superior Coutt.
In the Senate House, the tWenty-first
diky of September, in the year of
ouc Lord one thousand eight hun.
dred aud sixtyix.
ft . W11 rosar,
AwU is'qeaO"th Bmeast'
U., H. SIXoN'IoN,
SDeaker House of Represontatives.
Approved: Jiss L. Olu.
(Oorreipoudenee of the Baltimore Sun.]
he President ad 'the ocbst4tutional
Amendment--Rooommendment to be
'ade in the Pfsident's Next Message.
WASHINGToN, September 30.-All
statements to the effect that the Presi.
lent has announced his determination to
recoimend the adoption of the amend.
ments to the 0o11titution proposed by
Dongress are utterly unfounded. He
ias not said to any one he wao in favor
)f those amendments. It is tine, never
hlesp4bat.the President has-had under
)onsidevation some of the political points
a be embraoed iq his itext annual nida
ige o Congress, add some of thesi
oind have been submitted to his Cabi
et. There is a good reafon tor saying
hat Mr. Johnson will %ihere strictly to
he policy that has chalcterised his ad=
ninistration. Anidng other things he
will urge that while the Constitution
eavdes it an open Iestion for the Uourts
whether ordinary W islation is or is iot
)inding while t,he United State are
euse4 reprwentationj that instrument
s distinct and emphatic in its require.
nent that ih the preparation of amdtid.
nents to the Constitution, all the Stas
.bat claim and .tre *illibg to exercise th
t ltshall be 6presented.
qhe lresiAditt will itisAst on the imme
i6te addifisidi of loyal and legally
juslified hlrsftitatitti ironi all the
dn.repredtited States, in order that
3ongre may be enabled to prepare
ueh ameddlentsa. th. condition of
he dountry dttlad. He *111 likewise
ioommedd that whEti Congress is in
ceordanoo with this view of the re
Lirements of the- Constitdtion, amend
.ents. may be prepared' adapting the
uestionsof fd sraetation and taxation
o meet the ganged coadiion of tile
inty. It is Also understood that the
'resident *111 embody in his aissaAge,
ae)gestanto Oongtess, the two
repositi.ns a meudiwent submitted
at winter in ehe reported eversittiou
,ithbmoator- Pizon. A 'eswmsted dind
ssea copy of - the sens -fbr
n.eudIt ie bes.hbih StMd
withiales #1h4.eestilg t
Premrbed of eSta hess
-es n be . ili
1rdfoary 46M %ft og s
more than us 1 6q, - t%A%* il be
Ww4eItik - TIRNf W'"e $'.1 &r Wh
1stUIttonald 78 0onts for 4A sib!
For U144061gi eeaadWdWe to 64. 04
Vf proWt, Aoor ji trust, $14.
HarKage, Obituary Notdeesr, 'o., will bA
ohtg6d the' adve eimebh' wheA
oerr~ 11 , an 'ust be d to wI'ei
hand 'a, Ar they WIll 46a
this Unio Hi to 0e ale of all
@"ot ghd to66 id each
a:nef m ent .not to taki
gdhill the a6de6 of 1t0 ail hiV4
Wtdnsed i6ary f -JW;
A%dut 260 years . 4&., Nero; of AIeza,
dri, formed a toy, ihlo ethibited icte of
the O%wers df steam; and Irae iieved by iA
A.. 640, Anthodilaus; id ArIihiteet,
arripged several cauldrons Uf *sar, each
advSed with's le*thorn tube, *hIch risi to
the uA0row top, #Ith pipes efihding to th4
rafter. of the adJ66rning builling. A fir
was kindled beneath the oauldkons, And th4
house was shaken with the efforts of thi
steam seAnding the tubes. This 14 thE
first notice df the power of steam roodrde4l.
In 1648, ilIni 17, Brasoo do Gar tried
a steamboat of 200 ton% with tolers,41 ad
cess, at Baroelondi Spain. It conit Nf
a cauldron of, Volllng water ai a inR
Wheel on each side of the ship. It wal laid
-aide as Imprabtioeble. A present, how.
eer, was made to Garay.
. The, 1st idea of a steam enine In Eng
14idwasi A the Marques of Warbester's
"History of4ventions," A. D. 1668;
In 1701* ewmormen made the Brst steam,
engine in Wlad.
In 1718, patents w6re granted to Savary
for the frast, kb$ll4Ubk of the steam, en
. I 1784, Qaii *kfts iiae the ftst $or
tot englild In Bhglhd.
In 1766, $ohnathA Hulls Akt set N4rtL
the Idba of 4tesa til$i on.
Is 1778, Thomas P = 0rst Ipo*44 its -
'p!1781, udJureooithtd A
steamboat on th e ,
In 1.786, two A*erlots pullhed I *ork
In 1789; Wni. 8!VyUWt iiado a,voyfge
In one, on the Fort ad Clyde Canal.
"In 1802, i 41pstImeat was repeat6d.
* s probaled a. beet by
In 1789, John #Itoh, dt onnectltit,
navigated a boat by i steatd idgie on the
In 1794, Robert Filton im giiegat to
apply his attention to steam.
In1788, Oliver Evneville; i itlve. of
Philadelphia, constrdoted adtoam thgIne to
travel on a turnpike road.
The first steam ves61 that arosed ths
Atlantic was the Savannah, in tho t8onth df
June, 1810, brom savannah to Liverpool.
PsasAL.--We regret to leatn that Gof.
Orr was suddenly summoned to his home'ida
Monday last by the Illness of his two sons,
One of them was announced to be at the
pist of death by parties who came dowd
m Anderson on Monday night, and we
greatly ftar that his Excellenoy will be oalz'
ed upon to endure a burden of afilation,
before which the oares of the State will pale
almost into Insigni1oanos. lie has' the
sympathy of or' pople, one and all, in
these domestic trials, and their estest
prayer that his beloved ones mahboap"di
ly restomd to health.-Oarounihs, Sps. 80.
City (oa) Ne~upner, of the 80th ultimo,
The Captalt of a tssl hit been arrested
at Savitinah tur.hating on. board woolen
goods ilfected bith pestiiende 'which he
oonf4dsde were iittended to oirigisatb disa
easeb 4nd deathi in New York. A d1iilper
of ridonstruoted ifebels are imillidathiMtud
about thirty ariepte. will illow. --
The Bavannah 5.rald udti6bs the it4tsetid6
to braild It as otis of those anfamous fulds.
hoods, which are induitriously irdillated
through the Radlcalprees, to infsgo th4
passions of the Nov thorn nadee against, the
people df the South, withouit 4 pridle df
Tuns Cobaavdw or 1noduie '+d ai
Inovils --The 'WashiagtonsorrepoLdsat
the Philadelphia PPe.. writes. Thearil
4f trosIn this .rliiit.y has given rise t
eakeae uors of the Intended'ooncdd
triaet of a milild fVtee et from 28,
000 t.0oQU this -oM.The feet Is,
that thenwutlter of solder fill soase mouthS'
has avlgd cay2,000 or 8,000, and
at 4 b66 sli oft he tirelfth Inana '
try6na afsw ohler regillMe 'roihv
bedd resently ordevrd; thed
beitdg less than tile $4sgnmn
is presumed the W~ 14umbr In this ct
and viainlty, wh& itbe aa entee are
eilipised, will not ezosod6, e.
Ur. J. S. ZeIner, of .ienos leinIs,
who~ went to8S9nth Ostisa ttiid
eta 'lateading to btd
tas toV*f4 'eo 'V he
And th4oU674 -