The weekly Copiahan. (Hazlehurst, Miss.) 1865-186?, 1865-12-30

u
flee for safe keeping. In the al
ssnce of one or both of the justice
SO elected, then any justice in Il
county may sit in said court, wit
O. without the presence Of the pr
bate Judge. In the absence OF Il
probate judge, the jusrices in atta
dance shall designate which Of tho
shall be presiding justice for Z!
term. If they cannot decider
clerk Of the court shall designal
the presiding judge-in either cas-
noting the facts in his minutes. III
opinion of majority of the couI
shall be the decision, order or jud,
ment of the court, if the members
the court are not unanimous. Whe
composed of only two members, bot
must gree in any order or judgmen
If they disagree, mis-trial shall 1S
that reason be entered and the
continued to the next term of IN
court. If any member of the chr,
shall be absent at any regular t
or any day Thereof, there shall bd
tered as a matter of course a fin
twenty-five dollars, (which shall ii
be RENTED unless at the next /
some subsequent term, a good an
sufficient excuse is rendered to til
Court for such absence. And if fred
any cause the organization of r
county court should not take p
on the first Monday in Janu
1856, and annually thereafter in ~
county in this Site, it shall be
duty of the probate judge aud
justice Of the peace of-said coz
to issue the notice herein requl
and proceed to organize the 81
county court at the earliest day rral
ticable, according to the provisiqj
of this act. !
s IL. Be it further enacted, TIL;
the chief presiding judge and assI
ciate judges shall each receive fiji
dollars for every days attendance
Judges, and ten cents per mile goil!
from and returning home, and I'll
clerk and sheriff three dollars, al
any constable or bailiff three dollas
per day, for each days regular I
tendance on the court while in actu
session-to be allowed by the COZ.
and paid out of the C unity treasur
s II. Be it further enacted, Til
the unity court in term time, or tx
presiding judge in vacation, mb
grant writs of hajeas corpus, al
hear and determine the same in tel
time, or in vacation, in all matters5
ofenses Of which they have by til
act any jurisdiction, as is provid,
by law for the granting of sal
writs and the hearing thereoff,
other cases by the Circuit Judgs
or in the circuit courts, from whs,
decision an appeal may lie to d,
circuit judge or court, as is provilet
by law for such appeals from q
circuit courts to the court of errF'
and appeals of this state. Provi9,
that any writ of habeas corpus SIN
out within five days before the neg
term ST the said county coartEl
which the prisoner may be trialie
shall be made rcturnable to-scl
term, and shall be heard and deer
mined by the court. !
s ID. Be it further enacted, tina
at each regular term of the count,
court, there shall be drawn as nov
provided by law for drawing jupr
in the circuit court, from the in,
box, the names of twelve usak .m
who shall be summoned as a5INHE,
tp the next scrw. es -@iL eanna1{iys'en
aid all the laws now i'll foreA ~
erence to petit juries in the fircai
court be and the same are made az
plicable to the county court, eXcep
that the tales jurors need not be FREE
holders or householders, and no eN
ception shall be made or allowed t
any juror, because he is not q house
holder or freeholder.
IA. Be it further enacted, Tina
any person arraigned for trial in tn
county court may waive the trial b
jury, in which case the court shall
proceed to try the case on the Law
and facts, and pronounce judgmen
according to law and evidence; Ill
less the person so arraigned shall
waive the jury trial, a jury shall b.
empanelled and the court shall Pre-
coed with the trial, as in like case
and trials in the circuit court; bu
either party may challenge iuro
for cause only. If the State is ne
represented by counsel, thaAeour
shall examine and cross examin
witnesses called by the accused, III
less the accused be represented b.
counsel, and himself or herself col
ducts such examination, or at the dc
sire of the accused the court ma
assign him or her counsel. And til
court may, moreover, charge the la,
in writing or otherwise, to the jury
and should the jury find against th
defendant, the court may grant
new trial, as by the rules and lawi
such cases in. circuit courts. An
jurors and witnesses shall be Above
the like compensation, and In tn
same manner, as for like services i
the circuit courts.
S Is. Be it further enacted, Tina
the county court shall order the pul
chase and supplyTof all needfulbook
and stationery for said court, an
shall make all proper allowance
therefor, payable out of the punt
treasury.
S 16. Be it further enacted ~Tha
the county curt shall have ?, Yer
employ a county attorney N sepr,
sent the State: Provided SUD cour
sci will prosecute for the tai heb {
five. dollars hereafter imposa an
the business therein the dutie56f di
trict attorney in the circuit court,
like matters: Provided such aaorne
will take the oath OF Office require
of district attorneys, and look to til
tax fee in each case for his pay, a
herein provided; and for that purpos
tax fee of five dollars shall be in