OCR Interpretation

The Newberry herald. (Newberry, S.C.) 1865-1884, January 17, 1866, Image 1

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn84026909/1866-01-17/ed-1/seq-1/

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At Newberry C. H.,
(Paynent -required invariably in advance.)
Advertisements inserted at $1,50 per square, for
trat insertion, $1 for each subsequent insertion.
Varr:age notices, Funeral invitations, Obituaries,
ad Communications Qf personal interest charged
Distuiet Go=&ts
-eienaoted -by the &nate and- House vi
Ypn6U%tat~iea# flow met and sitting in Gene
-al Anenbly, and by the authority of the
eaine, as ollows:
1. In each Judicial -District of the State,
except Charleston, there shall be established
wDistact Court, which shall be organized -by
Athe Jate thereof as soon as possible- after
his election-; except in the Judicial District
of Charleston, there shall be established two
District Courts, one for the Election District
of Charleston, and one for the Elecfios Dis
trict of Berkeley.
I. The Judge of each District Court shall
'Aceive, from the Treasurer of the State, a
salary of five nb-adred dollars a year, payable
quarterty'; and shall be entitled,-for a further
bodroensation, to receive, annually, from the
District .Conrt Fuod, as hereafter prescribed,
- aaLddnitonal sum as fullows : For Abbeville
Distrik, seven hundred dollars ;. Barnwell
Mistrict,- seven hundred - doUars- Collotoni
District, one thousand dollars ; Chester Dis
trict five hundred dollars ; Darlingon Dis
trict, five bundred dollars Edgetield Dis
trict, eight- bwdred dollars; Fairdeld Dis
.trict. Ave,hundred llHars ;George.town Dis
trict, one thousand dollars ; Laurens District,
- - rAn bandred d ollars ; New-berry Distr-ct, five
Amndred dollars.; Orangeburg District,- fve
hudrnid dollars ; Richland District, one thou
sand dollars ; Sumter District, seven hundred
dollrs ; Un ijDistrict, [iye hundred dollars;
York Distr;64-'fivu -tiandred~dilars; Williams
)-vurg District, five lwndred dollars; Ber.keley
Elction- District, one thousa-id dollars; Char
leston Election District. one thousand dollirs ;
Beaufort District, ona thousand dollars ; Ker
haw District, five hwdred dollars ; and for
the Dintrict Judge f etach of the oth r Jdi
ea -riett-of this 4t;4te, the sum of. five
haVred dollari; Procided, to-wcur, That in
case the Distri c )tun F=un4in any -District
shall .prove insufficient for the -purpose for
sch -additional copentsation, s:s herein
provided, Wo claim far the wbolef or auy part,
of such addtiornal compensati6n upon the
Teasury of the State shallr.ise by Tasnof
anch deficiency -Jd proided; .,; That I
the tite when thei salaries herein p; dvided
fo shall commence, slial be when tbe Court
is-organized, and the Judge empowered to
ewecte this Act.
- IlI. For each District Court, the Clerk and
BSheriff' of the Oistrict shtall respectivly be
- ~Clerk and Sheriff;aiid may 'act ineso,o
by'depuityi wheever, in this- Act, 6r othe#I
- Acts passed at- this scesion, one-of thdse "off
-cezs is mentionedi, either he or his-depnty, -is
meant, unless the cointext shows thit hec him
self is intndcd.
- IV. The Judge, Clerk and Sheriff of a Dis
- ~trier Coort, shel each, before entei ing an~h
duties of his ofie taketheflicial uat pre
* - - s- riel in the otittion of the. State, andI
alse the f.>llow-ing oath, to wit "lsolemeldy
serffir)y bat,. as dJiadge, IJlerk or
e ~-ias the case jnay be, of the I)istrict
1-tIeDietrict of~ , I will earn-g
-- estlIy endeavor to do what is reqied of me:
by lsw, antd wihou,t p,rej.udice for or. against
ag~tecig.oduct mysef s -becomes
sn aprigh~t and. faithful officer." These oat.hs
- shall be eldorsed arr the comiia-ion or cer-1
~iticateo giap 'atment'of-ttelfree,. ar& sith~
it be entei on the Jotireal . o- .h.e Districts
,.' Court. -
* - ~V. The ofEce~of every- 4tagistrate now -in.
* 'oBlceg&otine according -to the forms ofT
apatmnirst ander which it isabeld, with the
power and ights now' by,lw aahing: nd
are appointe to ex6reise the powers arid d
ties, andto have.tberights itgosed -by. this'
Ad-adthe Act.en titled "A Act to -estab-r
- --- isb and regulate the domnestic relations of per
acs of colori .ndt ameid the- law 'in- rela
* . sado pauperstnd vagrancy,'' shall -be ap
poidfted -iw every Dist.rict by the District
Judgeteeof, by and with the advice and
cousent ofsatasjority of the delegation of such
Districciza the General Assembly, in such
minner and so located as 'the condition of the
District may, from time to time, require ; and
auch Magistrates shall have all the powers
and rights, and may exercise all the duties of
Magisrtes, by law conferred on Magistwates.
Esob Magistrate so appointed shall, before en
- teruiog on the duties of his office, take before
the Crerk of the District the oaths hereto
fore prescribed for the District Judge, and al
so the oath prescribed in the second section
of the "Act concerning the office and duties
of Magistrates," passed A. D. 1839, and shall
sign a roll as required in that section. The
term of hio office shall be four years from the
day.hbe signed the roll.
VI. The suum which limits the proceedings
by sum'inary process is enlarged to one hun
dred dollars exclusive of costs. In every case
uinder that proceseding, eitber party may be a
witness in his own behalf, or masy be required
by the adverse party to testify, either by be
ing served with a supbona, or by being call
ed-up under a commzission, in like manner as
in-like circumstances another witness in the
. case could be ; the practice now prevailing in
r'eference tointerrogatories propounded to an
adverse party not being hereby interfered
with. And in every such case no person
shall be held incompetent as a witness be
cause of interest. Of all such cases, where
both the parties litigant are white persons,
there shall be concurrrent jurisdiction in the
Superior Court of Law, and in the District
Court ; all laws, rules, fees powers and prac
tice~in respect to such cases.which may pre
vi in the Superior Court being extended to
the District Court.
VII. The District Court shall have exclu
sive jurisdiction, subject to appeal, of all civil
causes where one or both of the parties are
persons of color, and of all criminal cases
wherein the accused is a person of color, and
also of all cases of misdemeanor affecting the
person or property of a person of color, and
of all cases of b-stardy, and all c:ses of va
grancy, not tried before a Magistrate. In
these cases, the same laws, fees, powers and
practice shall prevail in the District Court as
in the Superior Court, except as. to Juries,
concerning which provision is hereinafter
made, and except as to matters of form, con
cerning which power is hereinafter given to
the Court of Appeals. In the District Court,
prosecutions shall be conducted by the At
torny-General, or Solicitor of the Circuit to
which the District belongs, or by a deputy
appointed by such Attorney-General or Solic
itor, or, in the absence of all of these, by an
Attorney appointed by the District Judge.
Whenever any case affecting the person or
property of a person of color, which arises
within'the District of a District Judge, that
Judge may have an interest, the process may
be made returnable, and the case be tried be
f re the District. Court of an adjoining Dis
trict which the plaintiff or actor in the case
may select.
VIII. The District Court shall have the
same power and jurisdiction as the Superior
Court of Law in reference to Constables, Ju
rors, punishment of contempt. The ~District
C -urt shall have power in all cases of tenants
holding over, cases-of forcible entry and de
tainer, cases under the Insolvent Debtors'
Acts, where the arrest and detention are un
der the process of a District Ceurt, all cases
under the Prison Bound Act, and all matters
of District police ; the practice being always
conformed, in general, to that of the Superior
Court, su-Iect to the iules - which may be
ma.de by the Court of Appeals.
IX. The Judge of a birt&rict Court shall, in
all respects, have the power of a Magistrate
for his District. He shall exercise supervis
ion over the Glerk and Sheriff of his Court,
the Coroner, all Magistrates, Constables,
Boards of Commissioners and other public
functionaries of bis District ; and from him
to any of them may proceed orders, rules and
attacbments, or writs of mandamus, prohibi
tion certiorari, guo warragnto or scire facias.
X. The Judge of a District Coiit sball have
the powers in respect to habeas corpus wbich
two Magistrates have under- the ninth sec
tion of the "Act concerning the office and du
ies of Magistrates," passed A. D. 1839 ; he
nay admit to bail in all cases bailable, and in
al cases triable in bis. Gourt, and may also
exercise jurisdiction under hal-ems corpus at
ommon law in all cases within his Dstrict,
where the liberty of a person of color is res
rained, or the liberty of any person is res
.rained by a person of color; and in all casea
ithin his Distriet, which affect white persons
odv, except that he shall not have the power
nf'Judge of a Superior Court to discharge
>r let to bail a white person charged with a
relony not clergyale, against whom a true
>ill has been found.
XI. The Judge of a District Court shall
have the power which is given -to two Magis
Lrates by the Act of 1787, concerning vag
rants; and shall likewise have the power
which two Magistrates have under the twen
t-third section of the "Act concerning the
flice and duties of Magistrates, passed A. 1).
3S9, ina respect to tenants holding over ; and
n the carse of a tenanat holding over, or of an
ssue of fact ~to bc tried under the Prison
ound Act, 'hr i-n any other case where, by
aw, there is provision for trial or inquest by
jury before one or more Magistrates, the
Dstrict Judge mnay either proceed toorganize
r Jury, as Mlagistrates are directed to do, and
aae trial before himself at a place to be ap
>oin ted. by him, or may take the case into hisl
ourf, una submit it to a Jury organizedl
here, as is hereinafter provided ; and the
rerdict~had in either coarse shall have all the
efect which any - verdict before Magistrates
rould-have-; an appeaL may be taken by either
>arty to a Circuit Judge -gt Chainbers, or ijn
pern Court, from the decision of the -District
jourt on the trial of any case -between l-and
~ord and tenan.t, or of forcible entry and de-.
ainer; : Prorided,- That notice of tbe appeal
~hall -be given in writing to the District Judge,
nd to the opposite party, er his attorney,[
a'thn twinty-four homs after the decision
hall. have been rendered, and that a time, not
~xceeding twenty days, shall be stated in the
mtice, as the time at which~ the appication to
ear the appeal will -be mad- which notice
~hall staig before what Judge, end~ what place
he application, will be made. It shall be the
luty of the District Judge on whom the no
ice of appeal may be served, tip deliver to the
.ppalltor his attorney, within two days
fter serfice of such notice, a certified copy of
.1l the proceedings in the, case, and for such
:ertifcate and copy, the Clerk of the District
ourt shall be entitled to charge'as costs, in
he case, fifty cents for the certificate and one
nill for each word of such copy. The Jud~ge,
>efore whom the appeal shall be heard, shall
ave the power sto reverse the decision, if
he be *> evince upon which to sustain it,
n ca the decision shall be for the
lafr" it or may in any case grant a
e' trial, or*order an issue made up to be
rie~ in the Circuit Court.
XII. The District Court shall be always
pen, and shall be a Court of Recor d; ordi
arily, it shall sit in the Court Room of the
District Court House, except in the District
f Berkeley. A place near by shall be pro
ided by the Commissioners of Public Build
ngs for its sittings, when the Court Room
may be occupied by the Superior Court.
For any sitting, except the quarterly sittings
ereinafter nientioned, the Distrigg Judg'e
may, however, appoint any place in the Dis
trict; and these parties, wituesses, Jurors and
>ther persons concerned, shall be bound, hav
ig due notice, to attend ; every summons,
notice and process being, however, understood
to require attendance at the Court House, if
aother place be niot specified.
XiiI. All judgements and decrees obtainied
n the District Court, the effect of which would
be to create a lheu on the property of the de
fendant, shall be entered up at such times as
udgment obtained in the Circuit Court thence
ext ensn.7 may be entered up.
XIV. On the first Monday of every month
shall be a monthly sitting of the District
Cour t, whbich shall continue as long as the dis
patch of business may require. A t this sitting
-' betre small and mean causes, small
matters, civil and criminali between persons
of color, between white persons and persons
of color, between master and servant, between
master and apprentice, and between employer
and laborer. Petty misdemeanors, imputed
to persons of color,.complaints by persons of
color against white persons of misdemeanors,
for which a fine not exceeding twenty dollars
is a sufficient punishment, civil suits, involv
ing not more than twenty. dollars, in which a
person of color is a party, and questions con
cerning vagrants and paupers.not requiring a
jury. Any business to which a Judge at
Chambers is competent, and other business
which does not require a jury, may also be
done; besides all business which may be done,
as aforesaid, may also, at this sitting of the
District Cou t, be tried cases of aggravated
misdemeanors and clergyable felonies, of which
persons of color may be accused, and of mis,
demeanors requiring punishment exceeding a
fine of twenty dollars, and affecting the per
son or property of a person of color, of which
white persons may be accused. These cases
may be tried by a common jury, organized as
hereinafter provided, and, in case of convic
tion, punishment shall be awarded by the
Judge, according to the practice of the Supe
rior Court of Law. At this sitting may also
be tried cases of tenants holding over, eases
under the Prison Bound or Insolvent Debtor
Act, which are hereinbefore mentioned, and
any issue in a civil suit ordered to be tried
before a common jury.
XV. Previous to a monthly sitting, if the
nature of the business shall require a Jury,
the Judge shall direct the Sheriff to summon
a Common Jury. Thereupon, the Sheriff
shall return the names of eighteen citizens of
the District, and from these nine shall be
drawn, in the presence of the Judge, at least
ten days before the said monthly sitting; and
the Jury so drawn shall be summoned by the
Sheriff, and served with tickets, at least five
days before they are required to attend ; and
tOey shall be bound to attend under the pen
alties which may fall upon defaulting Jurors
in the Superior Clurt of Law. Of those who
attend, six shall be drawn in open Gourt, of,
whom the four first drawn shall constitute
the Common Jury for that sitting, the other
two being supernumeraries, to supply vacan?
cies. The others who may attend shall be
discharged without pay; but th six drawn
shall be entitled to like pay as Jurors in the
Superior Court of Law. If less than six, out
of the nine 'summoned, shquld attend, the
Sheriff shall summon a sufficient number that
may be drawn of the original eighteen, or in
case-of their insufficiency, of any other citi
zens.: Provided, No person shall be required
to Ittend as a Jnror more than once in six
m1Qnths.- ThptrigIL -t
one Juror is given to the accused and to the
prosecuting officer in. any criminal case triable
before a Jury, at a monthly sitting; and the
sane right is given to each party in a civil
suit there triable; unanimity of the four .Ju
rors shall be requisite for a verdict,
XVI. Four time a year there shall be a
quarterly sitting of the District Court, to be
continued as long as business may require,
and it necessary to be adjourned from week to
week ; at which, besides any business that
rmay be done at a monthly. sitting, may be
tried cases of summary process pending in -the
,Court.; civil suits, above the summary 'juris
diction, wherein one or both of the parties are
persons of color, cases of crime or felony pun
ishiable -by deat.h without benefit of clergy, of
which persons of color may be -accused, and
any other matters pending in tbe Court. The
proceedings- in then cases severally shall be, in
general, similar to those in like~ cases in the
Superior Court of Law, 'subject to the diver
sities in form which may be produced by the
rules adopted by the Court of Appeals, as
.XVIIL For each quarterly sitting, Jurors
shall be dlrawn at a monthly sitting, not morp
than forty nor less than.ten days before such
quarterly sitting, who shall, under a venire,
be summoned by the Sheriff five days preced
inig the t-ime which may be fixed for the com
mencement of the quarterly sitting. With a
view to these Jurors, cnce in every twc years
a list shall be procured froip the Tax Collec
tor; froiin that the names of all Jurors g$ali
fled to sit as'Jurors in the -Superior Court,
shall be entered on tickets, and from~ these
tickets there shall be drawn, for,tach quarter
ly sitting, twenty-four, to be copied in the
panel annexed. - At the quarterly sitting,
from-i ose of the twenty-four who attend,
eight shall be drawn, in open Cotfrt, who
shall constitute a Grand Jury, and twelve
shall be drawn, who shall constitute a Petit
Jury of six, tL oe called a Special Juty, and
six supernumeraries. Of the Grand Jurors,
the concurrence of six shall be necessary to
the finding of a true bil'. In the. Special Ji-.
ry, unanimity of the six shall be required for
a verdict. At the opening of a trial, in a capi
tal case, at least twelve Jurors shall be pres
ent, and of these the accused may make pC
remptory challenges until the number shall be
reduced to six. At the opening of a trial in a
civil suit, or in a criminal case, not capital,
not more than ten Jurors reed be present,
and each party alternately in a civil suit, and
the accused, in a criminal case not capital,
may make peremptory challenges until the
Jury of six is left. U' there should not be
sufficient reduction by challenges, the six
shall be ascertained by drawing. An insuffi
cient number in any instance shall be sup
plied by Jurors whom the Sheriff shall summon,
of the same persons, and in the same way, as
bas been hereinbefore provided in respect to a
Common Jury. A Special Jury may do any
thing for which a Common Jury is competent.
Challenges for cause at either the monthly or
quarterly sittings shall be unlimited. A sep
arate jury box shall be provided for the Dis
trict Court, and in respect to Juries, the or
ders of Court, duties of Tax Collector, Sheriff
and Clerk, pay of Jurors, penalties for default,
and all laws and practice shall, with such modi
fications as the-provisions herein made, and
the rules adopted by the- Court of Appeals,
may render necessary, be the same in the Dis
trict Court as in the Superior Court.
XVIII. The Judge shall take care, by
proper arrangements of the order of business,
and by dischau-ging all Jurors who may be'
present above the necessary number, to re
duce the expenses of his Court as much as
justice will permit. Each Juror shall receive
from the Clerk a certificate signed by the
Clerk and countersigned by the Judge, for
such sum as for like services he would have
received if a Juror of the Superior Court ; and,
this tum shall be paid under the order of-the
District Court Judge. In like manner, there
shall.be a certificatend payment for any Con
stable that way attnd the CoUt-t under the
order of the 8heriff, of whom there shall not be
more than three without-the-orderof the Judge
which shall be granted only in cases of necessity.
The-Clerk shall enter on the Journal of the
Court a roll containing the names of the Jurors
and Constables, who receive certificates, with
the,sums paid to them respectively, and copies
of the rolls for the year preceding, the Clerk
shdl, ' ally, after the quarterly sitting in
each.y , W ich..ends next before the regular
session '5ie General Assembly, tansmit to
the Treasqrer. , A condensed statement of all
the rolls for,.all the Distriegg 3f the State shall
be contained in the annra report of the Treas
XIX, The Judges of the Court of Appeals
shall, from time to. time, fix the days upon
which the quarterly sittings of tW1-istrict
Court in ealh District shall-convene, avoiding,
as far as possible, interference with the Su
perior Court in that District or neighboring
Districts, giving public notice of the several
days fixed, and making no uunecessary
XX.. The District Court shall have exclu
sivejurisdiction, subject to app%al, -of -all mat
ters,of equity, wherein oke or.both of the par
ties,pre.person of color. *These matters shall
be beard apd determined by the District
Judh at a quarterly sitting,, or at such other
timdas with bis.cnereace the parties may
fix, itb h,. ap 's. ealm :the Chcellor on
CirdW. Jn r peet to thpinthe Oinuission
er in'fuityIr the D,strict shell;. regard the
Ju pf .the'District Cuftt. as be does the
Cb celMr, iitrespecto mittirzin thCSupa
rior W'urt of'jquity *a* itebothis' tee
Coutts, teLlaw, praedec, fees, bnodesd.p
ceediog, aqd effectpoT 4rdam- a',proee*.-Bll
be,. nearly-s may be, the s'ad e.
XXt. The Judge-ofa Distect. Cort- ay
practice -s an .ttorney 6r Solicitoix isrbthe
SuperW Courts of the Law and Fqui ex
cept ih cases which. have been argakid,oU1
him or heard in his Couirt, but be shalfo' i
have a. partner in the practice --in the Distic
of which he is the Judge.
XXU1, ThvCle:k the ^District.-Conrt
shallittend the monithly and quarletTy sit
tings of the Court, and all other .sit.jg at
which the Jude shall require -him to attend.
He shall keep a full and exact journal oTeverv 4
order, decision, verdict, sentence- and act of.
the Court; having one book for civil suits,
in which only white.persons are parties; sec
ond, a bood for vagrancy and bastardy; third,
a book for civil suits, in which persons of
coloare partie. and a fourth, for criminal
aner., ufecung persons 01 color. A pro
cessIrolp the Court shall be signed by himi
and be sealed. All papers .which come into
Lb office shall be carefully- kept, and those
which are to reinajn there shall be arranged;
labelled - d filed away as nearly as may be, i
according to the directions given by law, con
cerning papers of the Superior Courts.
XXII. The Judge shall himself keep a
j4,urnal of all orders, decisions, sentences and
Acts of the Court, when in absence of the
Cle.-k, he is sitting without a Jury, whic4 J
journal shall, from tifn to time, at least once
a quarter, be filed in the Clerk's office. He
may, when necessary, appoint a Clerk pro
XXIV. The Sheriff shall execute all orders,
sentences and process from the District Court,]
under like penalties for neglect as for neglect,
of like orders, sentences and process frotzi a.
Superior. Court ; and in like manner he shall, I
for such neglect, be liable to rule, attachmen~t,
action~ and-forfeiture. The sheriff shall have.
power to call on the poss comitatus, to- aidI
him in the execution of all su.ch orders, sen
tences and process,.mesne or final, iw civil or
criminal matters, where more force than that .1
of one man is required, or resistance is-appre
hended. Every persen who being called to I
a 41as one of the poss, does not -immediately .1
a4d earnestly give aid according to the direc
t' bn -of the Sheriff, shall be subject to rule and -
a'tachment-for contempt, and to a fine- not
less thary,twenty-dollars, nor m6re than five
bundred dollars.-.
XXV. The return day ofthe2Pjstrict Codirt; -
for wesne proces&in-civil suits, triable at the ji
quarterly. sitting, shall be eight days? before
each quarterly sitting.. In the Superior Court
and District Court, the law and practice shall
be the samc-as to the liens of judgment an
decne.es, as to the manner of serving process,
process served after return days, several de-14
fcndants residing in different Districts, writ(
offiera facia2s and capiae ad faciendum; e?' '
enmptions from arrest, bail bonds, orders for
suspending executions, writs of attachment, s
and all other matters wherein diversity is not
producedfy Act of the Legislature, 'or rules
made by the Judges as hereiiiafter provided.
XXVI. All fees for services required 'rom t
the Clerk and Sheriff of .the District Court
shall be paid in cash by the party requiringi
the services, and according to the judgment
and order of the Court, may or may not bee
recovered against the opposite party. Thisr
provision shall extend to.all cases, by sum
mary process, in the Superior Courts of Law.
XXVII. The Sheriff shall keep the papers
which come to his ofBece from a Distrct Courts
separate from those which come from aSuperior a
Court. He shall in one book enter all mesne
process from the District Court, and in an- e
ottber all finsal process from that Court, taking
care, howev'er, to preserve the priority of c
lines by attachment or execution, whatever
Court the process may come from. t
XXVIII. All fines, penalties, forfeitures ~
and other moneys belonging to the District t
Court fund, which the Sheriff may collect a
under crders, sentences or process of the pis. ~
trict Court, and all such moQneys as may be ~
turned over to him by any other offcer, the
Sheriffshall hold under the security of his I
official bond, until they shall be paid under t
the ordar of draft of the District Judge. Aids ~
paid fo? licenses, and such aids for approval P
of contracts and instruments of apprentice- F
ship, and such fees for reports upon appeals a
from tl-e District Judge, as the Judge may P
direct the C!erk to receive, and the Clerk may
receive. and all other moneys belong ng to s
the District Court Fund, whether collected d
first bythe Clerk or turned over to him by I
some oter officer who had collected them, p
which may come to the hands of the Clerk, s
the Cleik shall hold, under the security of his n
official bond, until they shall be paid under n
the orderor draft of the District Judge. Each o
Magistnte shall, at least once in every three -
- 4
months, report and pay to the 'Chairman off
the Board of Relif of Indigent Persions-of J
Color; the moneys received by him from al &,
taxes, fines and penalties, and all other 'toon
eys belonging to the Distiiet Court Fund, I
which have come to his hands. On the first <
day of each quarterly sitting 'of the District .4
Court, the Sheriff, the Clerk, each Magistrate. t
of the District, the Chairman of the Board 1
aforesaid,' the Superintendents of Convict., i
and every person (besides a Constable, who c
must make returns to a Magistrate,) vho may -'
have had'eharge of convicts or received wages i
or other moneys which belong to the Dis- E
trict Court Fund, shail each make o the.
Court a full and minute report of hi4receipts. I
disbursements knd payments, showing the- t
items on each sid-of.the account, ardathe ex
act balance in his hinds, accompanied by .4a t
estimate of the probable receipts and require -a
ments in his depA *entpr the next quarter
The report of !he chairman aforesaid shab - e
specially set forth all kno.wn delinquencies of .r
agistrates in ieporting, paAngand discharg- a
ing other duty, with the name of the delifi- a
guents. The District, Judge shail exrnamine t
all these reports carefully, and take the most
prompt and energetic means to prevent- and r
correct all defalcations and omssions. Hav- t
ing ascertained the amount of the N.strit r
Find which is on hand, including what. he u
himself my have, he shall, by. orders entered a
on.the Journal of the Court,'direct payuents
to be mad; 'by the - officers respectively, -in e
such sums as he may designi-te, to the follow-.
mg purposes, namely: 1: The. aal ad -
ditional compeneation of the Judk of whch h
anie-fourth-shall be taken _-aLh quarten. f
Jurors:eertifcates;:.. Expenses of dbCourt, a
Lndudirg fees payable-o'at of;the District-Court. V
FPnd. 4 Pay f &perint*ndent4 eRi,Oter ex
penses of contraet!. 5.Balsn'ce 4 wbe paid to
he Chairmrn of the'26id of Riif qu-j
rar4 , the'iices n fre ect to,Ve 11
electAen 4-nd dijbiirge* -te.l 1
Doprt -Fu W Ie eerA. offie tpi4 . ,
ettleballd ihm'ogs
Grare shall facKt have fig pNs i:atum uggn )
ill'snms coHel4ed by him;,-t-ber i.naldition
to- commissions,. wbich, withb other .fees, i c
herif Constable gayoet from. persons c
igainst'whom h$ executes process and -th.
Sheriff and Magistrate shall each be farJther.4i
ilowed two-andeh-alf per-centuini uport- the F
>roper disbursement made by hiin- The 1b
31erk; Supe: inteindent ofUonviets, Jailor and b
ather persons who may-hfve bad supervisigp~ n
if convicts, .or received wages belouiging"~tols
the District Court Purrd shall each have' two-Ic
mid--h!if n'r ppinm ,ii We ana+
y, and two-and-a-half per centUM upon
il sums disburse4 by hiqp. In' no case shall a
ums olected. be understood to include sums '6
eceived from some other of the. officers who d
ire required to make reports as hereinbefo'-e p
-eq3red, nor disbursements to inchide-sums r
turned overo wno r of the e officers. i i
shall be the duty of- the District Judge to c
;uard the fund against duplicatedcomnis
3 jons, as .we o- as'gainst other improper nti r
Les The Chairman of the Boash ofaelielof -a
;ndigent Persons of C.oloi shal allowedf
:ommissions upon his 'own collectionb .frd ti
isbuirsement as anot'her Magistrate is, anid in r
addition shal, for each sem iannua report to t
us Board, and each qai.terly report, to. the t
Jourt, be allowed, ou't of the' District Court t
,und, a sum not less than 'five dollars,. nr b
nore than twenty dollars, 1ahichthe District o
iudge shall fix according to the quantity of c
>usinless done by 'hini, ano the manner. ina
which it 'was done. The' Glerk "shall, under 'q
he supervision -of the. Judge of the s
)istrict Coni-t, annually1 at ,some early 11
lay, between 'the quam terly -sitting of the p;
jourt, wbich neg precedes.the regular session a
>repa,re and transmit to tha- eastirepray~ ej b
ort from his Distriet Court, 'issued by theA c
ilerk and certitied by the Judge. This. re- ii
ort shall eerfain-' condensed statemern comn J8
nled .froar the reprts w'hich ai-e made 3h e4 s<
Jourt, and from the Joriroats ofbe' [email protected] ci
bowing,.for the year preceding, the wholet cJ
~um whicly went into the'District Coqrt Fund , p
ow much from each soilrce, tifico~tDnissions Ii
or collection; the'whole 'dlsbursftuentLs, and~ t1
ow much for.acli gen.eral purpose, tbOon di
issio~n upon disburserpents, other: exper.ses,
be balatice on bari, and~ the Jjabilities uin- et
aid. ~ The Treasurer shall agpegate the-re-j
~orts of'the Clerks so as to -show results. for n
he Whole States and shall lay before-the Gen-i s<
ral Assembly a tabular statemet -ofthe c
)lerk, noting particularly any District -ourt b
rm which reports had nt-been receivede
XXIX. An indictmeut agansti white pr
on for' the hori1eide of a peh.soof oior shall.'&
iepied in the Superior Gourt of Li,ad~
o shalT all tber indictmept iwhicls a white I
>erson is aeursed of a capital felo'hy, affecting
he person or property of a person of color. V
.XXX. In every case, civil and eriminal, inf
n which a person of color is's party,.or which
fects the person or property 'of a person ,ofa
olor, persons of color shall be competent wit-a
iesses. The accused, in such a criminal case,
od the parties, In every such civil case, ma;y
ie witnesses, and so may every other person.
rho is a competent witness; and in every
uch case, eithor party may offer testimony P
s to his own character, or ~that~of his adver-c
ary, or of the prosecutor, or of the third per
on mentioned in an indictment,
XXX I. A magistrate shall have jurisdictionb
ver small disputes, controyersies and comn
laints that may arise in his neighborhaod be-t
ween persons of color and a iwhite person, a
nd of petty misdemeanors committed by or
owards a person of color, between master ti
nd scrvant, between master and apprentice,
nd between employer and laborer, and civil at
uit.s, involving not more than twenty dollars S
'a which a person of 'color is a party-his
ower in no 6ase going beyond a judgment, at
ne or forfeiture oftwenty dollars. Hie shall
e specially charged with the supervision of 81
ersons of color in his neighborhood, their te
rotection, the prevention of their misconduct
nd depredations and a cautious regard to the m
eace, health and safety of his neighborhood. tl
XXXII Personis of co.or shall be liable to
its commenced by attachments, forsign and
(mestic, as white persons are in like cases.m
~esides this, there may be, in the case of a
erson of color, a proceeding to be called a
peial attachment of the following natore, P
amely : By any tax, a perso.n of color is
tade liable for a sum certain, tax collector, pa
rother person who has a rught to collect the as
m cetMn, anel who dcures to obtaiun from a'
4.owrapg tb c persan Of- ...
ajhjr sumamons-- agis
upon Which the so mcetain -
ioned, with cosis an d Oh o n
laimed to be in he 4hands or 41
ball besetdow, wich suwwonse -
rate may issue, if the amount- C- -
,alu, of property claimed from the - -
9 twonty dollvrs or undtr nd the -
,ourtntst issUe, if it is aL!"e that u --
ummons having beerLUsned, -the
r be acknowledgeis i
on of color beftje metton~ed -
on-of pr Ulnh t
o tbe pln n mattfihige tif
he perso of color be.ie, g *e --
uh plaintiff,;if.sjh Jebitbe --
ure day, arin ay sutender to
ny those-im ctioer other roperty.
erson -ot colorju bla.possessiong -
are ?he amount Chimed fror -
u threof as,will-satisfy-th Z
ad the receipt of the pitif in
[All he an,acquittace of the
xts against -tbaperagn ofI 7f
ishee should ndt 'acknav
ote and Surrendeas gbe,t
on of the pii'ntiff - c -- r !
ishee shaH, in obedAenee - ' C
iake the retr, on oath, t
r Ditritrt, asthe case ma Y
,anyth g e-wes to bes
ithef prsently'.aue o-y
as inposssi begn to b#~
laintiWsoul ha thft- i" d tb *f
ee 3h1I pay, give, irote an45su -A#
Ie rmentionei.; bafLs.4b&..
till IeAissatisfied *
olor igay46 ene on -ebW -i
eard. and ordersmingec&
1%r =eor&itg
rA th OW Jelgisfyt#
IQ perss WVo.
asbe&ee u& ies1atofd
e inad opnswrav -E - -r
leb priorfty betwn var
ait thrantie-, p-.T Iisbig t-A.
nig oe -pIY ot -
XXm. Questiens OfI:olwa -
ubject to.tbe'right of appio eoth -
e conclusively determined by %ev
ered upon an issue of fact joifedIn4
rohibition or mandamt , --tie wr*I.
iny be granted, upon applicatidr
i behalf f any prsen-aUeo 7to
f color, against an7 --eJ,
ther-e4ilearrwho is proi -
'ould be- p-oer tcndersom --
ot(prop'ei whitepeos~ -
ises,-at the instino?the -ea -
'0n,'to dow a W-bitep-CsalIgm
ight Cdemano bi din, - -
!d by, an ,Judge af o pr* a --
ie Judge of theWistrctoort.. -
riet the oflcer ~ te:brdes
eing,. by the ordfer- [email protected],
n tapartyagainst*by-1a 8pi
Iines,-aecordinig to -the judjemenit -
iay form, upon ftnspectin'iHhs
uesliotr, afhdavits'or 'd'ocuniene a
lbe tried ir the Super4t sou.t
er the t)istrict ajforesaid- -&
ersoni in -question, and,oLhis Thge --
iony direct, or from repu$ion -
i&parentage, Tand tiliim-ycac
:mduct and receptioni in-seeiey..
ito bia'evidence. The Attorney --
Llicitor of the:.eircuit shall, ~ '
nttheparty;ierin theissna -. '
al pedinyoth ai4he
.usivi, previobsly tad, iin ea
erson irr question-We -4a petty, 0
is ast& sc etetally trieliW --
veen other parties, thiay bbtel%,~ -
ne, biit shall net be -~i
eighit beyond wbyt,dg e
a thh.ilry may gve .
~XXIV. An.act9n o -
tinvolving. the tijej o -i
~n oolois paintigO?er -~t ~
u~niedeas~ below apec[fied, or
itredi, namnely~t la ationf Senede ~
me of action arose bs adtind fiwfde
cetion'founded uponz a contruet -~
herein the debt o - d n
ro hurrdred dollars wit - -we
othi the tinme the ease of stion~ argl
apt that, first, a payinerut of part, swik
nect acknowledgement of a balance,d -A
a express promi~se to pay a well --fn.~
1all constitute a neiv era tl'otn which the p.e
od of limitationl shall run on a -matter of
mntract. Second, that if any. legal pr'oceed.-.
'g shall be commenced within tbe limited
ariod, in good faith for recovei'y upon tort
mtract, and shall terminate, without judge
ent for the .-plaintiff, its termination shall
~nstitute the period from which the tim4
alil be counted. Third, that these shall nob
included in the computation of time be
leen the death of a white person,-defendant,
id grant of administration or probate to. big
~rsonal representative. Nor fourth, the
me during which an executor or administry
r and defendant is by law protected froul
it. Nor fifth1 the time diaring which a peri
n of color, defendant, may be absent front
e District in which the cause of actiodi
ose, or may be absconding in that Distriebs
XXXV. in reference to * ills, executors
4d administrators, distribution of estates af~
r payment of debts, the rights and remedies
legatees and next to kin, and all other
atters relating to testators and intestats~
e same which applies to white persons sh4
tend to persons of color.
XXXVI. To the D~istrict court there shall
an appeal from the Ordinary in respect td
atters which affect persons of color, to bei
nduzcted as in like case is an appeal to a Su
rior court. An appeal front a Magistrate
all go to the District court, the appellant
ying ini cash, to the Magistrate, one dollar,
a fee for the report. An appeal from thal

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