Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1866-01-18

other t timS as with his concurrence the par.
ties may f1,. with an appeal from the Chan.
,cellor on Circuit. In respect to them, the
Commissioner in Equity for the District
shall regard .heJudge Of the District Court
as he. does Chancellor, in respect to mat
ters ia the Superior Court Of Equity and
in both of these Courts, the law, practice,
fees, modes Of proceeding, and effect of or
ders and process shall be, as nearly as may
be-, tie, same.
| XXI. The Judge of a District Court may
practice as an. Attorney or Solicitor in the
Superior Courts Of Law and Equity, except
in cases which have been argued before
him OF. heard in his Court, bat he shall not
have partner in the practice in the Dis.
trict Of which he is the Judge. =
xxi. The Clerk of a, District Court
shall attend the monthly and quarterly sit.
tipgs of the. Court, and all other sittings at
which the Judge shall require him to at.
tend. He shall keep full and exact jour
nal of every order, decision, verdict, SEN
1 teuoe .and act of the Court; having one
book for civil suits, in which only white
persons are parties; second, book for va:
graney and hastardy; third, a book for civil
suits, in which persons of color are parties; !;
and fourth, for criminal matters, affecting
persons of color. All processes from the
Court shall be signed by him and be sealed:
All papers which come into his Office shall
be carefully kept, and those which are to
remain there shall be arranged, labelled and
filed away, as,nearly as may be, according
to the directions given by law, concerning
papers of the Superior Courts.
.XXIII. The Judge shall himself keep q
journal of all. orders, decisions, sentences
and acts of the Court, when in absence Of
the Clerk, he is sitting without a Jury,
which journal shall, from time to time, ,.at
least once quarter, be filed in the Clerks
Office. He may, when necessary, appoint
a Clerk pro tenn. -. s''
,XXIY. Phe Sheriff shall execute all or.
ders, sentences and processes from the Dis.
trict Court; under like penalties for neglect,
as for neglect Of like orders, sentences and
processfrom a Superior Court; and in like
| manner be shall, for such neglect, be liable
to rule, attachment, action and forfeiture.
The Sheriff shall have power to call on the
posse coanitatus, to aid him in the execution
of all such orders, sentences. and process,
mesne or final, in OWL or criminal matters,
where more force than that of one man is
required, or resistance is apprebended,- =
Every person who being called to aid as one
of the posse does not Immediately and ear.
nestly give aid according to the direction Of
the Sheriff, shall be subject to rule and at
taohment for contempt, and toa fine not less
than twenty dollars, nor more than FIVE hun.
dred dollars. -
XIV. The return day of the District
Court, for mesue process in civil. suits, tri-
able at the quarterly sittings, shall be eight
days before each quarterly sitting. In the
Superior Court and District Court, the law
and practice shall be the same as to the
liens of Judgments and deorees, as to the
manner of serving process, process served
after return day, several defendants resi-.
ding In different Districts, writs or J1er1 7a.,
ciias and capias ad fqciendun, exemptions
from arrest, bail bonds, orders for suspend
ing executions, writs of attachment, and all
other matters wherein diversity is not pro-
duced by act of the Legislature, or rules
made by the Judges as hereinafter provi-
ded.
XVI. Ali fees for services required
from the Clerk and Sheriff of the District
Court shall be paid in cash by the party re.
qairirg the services, and according to the
judgment and order of the Court, may or
may not be recovered against the opposite
party. This provision shall extend to all
cases, by summary process, in the Superior
Courts of Law. :-sl
XXVlI. The Sheriff shall keep the pa
pers which come to his Office from Dis
trict Court separate from those which come
from Superior Court. He shall in one
book enter all mesne process from the Dis
trict Court, and in another, all final process
from that Court, taking care, however, to
preserve the priority of liens by attachment
or execution, whatever Court the process
may come from. -.,..s., ,a-&
XXVIII. All fines, penalties, forfeitures
and other moneys belonging TO the District
Court Fund, which the Sheriff may collect
under orders, sentences or process of the
District Court, and all such moneys as may
be turued over to him by any other officer,
the Sheriff shall hold under the security of
bis official bend, until sbey shall be paid.
under the. order or draft of the District
Judge. Aids paid for licenses, and such
aids for approval of contracts and ihstru-
ments of apprenticeship, and such fees for
reports upon appeals from the District
Judge, as the Judge may direct the Clerk
toreceive, and the Clerk may receive, and
all other moneys belonging to the District
Court Fund, whether collected first by the
Clerk or turned over to him by some other
officer who had collected them, which may
come to the hands of the Clerk, the Clerk
shall hold, under the security of his official
bond, until they shall be paid under the
order or draft of the District Judge. Each
Magistrate shall, at least once in every three
months, report and pay to the Chairman Of
the Board of Relief of INDECENT Persons of
Color, the moneys received by him from
aids, taxes, fues and penalties, and all other
moneys belonging to the District Court