The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1866-01-17

| this sum shall be paid under the order of the
District Court Judge. In like manner, there
shall be certicateand payment for any Con-
stable that may attend the Court under the
| order of the Sheriff, of whom there shall not be
more than three without-theo ofthe Judge
which shall be granted only in cases ofnecessity.
| The Clerk shall enter on the Journal of the
Court roll containing the enames of the Jurors
and Constables, who receive certificates, with
hessums paid to them respectively, and copies
of the rolls for the year preceding, the Clerk
| shall, dARally, after the quarterly sitting in
each .yea rich ends next before the regular
session o. 4he General Assembly, tTansmit to
the Treasurer. A condensed statement of all
the rolls for all the Districts Of the State shall
be contained in the annual report Of tie Treas.
urer. ~. e.. :.:'s. .-.. ...': ..- -
XIX, The Judges of the Court of Appeals
| shall, from time to time, fix the days upon
which the quarterly sittings of this District
| Court in each District shall lLeonvene, avoiding,
as far rs possible, interference with the Su-
perior Court in that District or neighboring
Districts, giving public notice of the several
days fixed, and making no unnecessary
| changes. II.
Xxx. The District Court shall have exelu-
sive jurisdiction, subject to appeal, of all mat
tersef equity, wherein one or.both Of the par
ties are.person of color: These matters shall
be heard and determined. by the District
judge at "a quarterly sitting, or at such other
/ timgas with his, Concurrence the parties may
fix, with an appeal from the ,Chsncellor on
,Circait. aIn respect to- them the Gopmission-
er insEquity.fer the District shallsfegard the
judge of the District Court as he does the
Cbapeelf0r, inTespect;t to matters IN. the Supet
rior Court of Eauityss and iaS both 4,of, these
Courts, the PRACTICE, fees. naodesoE Pro
ceeding, and effect of orders. ai.procesS shall
be, as nearly as may be, the same. - - -
XXI. The, Judge of a District Court pay
practice as an. Attorney OR Solicitor iR the
Superior Courts of the Law and ,Eanit9s ex-
cept ID cases which have been argued sbstore
him or heard in his Court, but he, shafEynot
have partner in the practice lin the District
of which he is the Judge. y - 4 ';
XX4L. eyCleEk-of the District Court
shall attend the monthly and quarterly sit
tings Of the Court, and all other sittiags at
which the Judge shall require him to attend.
He shall keep full and exact Journal ofeyery
order, decision, verdict, sentence and act Of
the Court; having%on book for civil suits,
in which only white persons are parties; sec
ond, bood for vagrancy and bastardy third,
a book for civil suits, in which persons of
coleg are parties, and fourth. for criminal
rHaEterS, IHecrlng- persons OF color. AT pro-
cess from the Court shall be signed by him
and be sealed. All papers which come into
bis Office shall be carefully kept, and those
which are 10 remain there shall be arranged,
labelled ard fled away as nearly as may, be,
according to the directions given by law, con-
eerning papers of the Superior Courts. z.~
- .XXIII The Judge shall himself keep a
Journal of all orders, decisions, sentences and
Acts of the Court, when in absence of the
Cle.k, he is sitting without a Jury, which
journal shall, from time to time, at least once
a quarter, be filed in the Clerks Office. He
may, when necessary, appoint Clerk pro-
tern. = =. ...,,., - ..-@ s., 49,. '-.S s ''.'s
..-XXIY. The Sheriff shall execute oil orders,
sentences and process from the District Court,
under like penalties for neglect as for neglect
OF like orders, sentences and process from
superior Court i and in like manner he shall,
for such neglect, be liable to rule, attachment,
action and forfeiture. The sheriff shall have
power to call on the posse coaitGtas, to aid
him in the execution of all such orders, SEN
tences and process, -mesRe or final, in civil or
criminal matters, where more force than that.
of one man is required, or resistance is appre'
keuded. Every person who being called to-
aid as one of the posse, does not Immediately
and earnestly give aid according to the diFec-
ii bn of the Sheriff, shall be subject to rule and
attachment for contempt, and to a fine not
less than twenty dollars, nor more than five
hundred dollars. 49, IT, ~" -. -. 80
XIV. The.return day ofthe District Court
for uesne process in civil suits, triabie at the
quarterly sitting, shall be eight days before
each quarterly sitting. In the Superior Court
and District Court, the law and practice shall
be the samc2as to the liens of judgment and
decrees, as to the manner Observing process,
process served after return days. several de-
PENDANTS residing in different Districts, grits
of 7ferG tdcins and capias Gd .tacienduno; ex-
emptions from arrest, bail bonds, orders for
csuspendiBg executions, writs of attachment,
and all other matters wherein diversity is not
produced BY Act of the Legislature, or rules
made by the Judges as hereinafter provided.
XXVI. All fees for services required rom
the Clerk and Sheriff of the District Court
shall be paid in cash by the party requiring
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 sum-
mary process, in the Superior Courts of Law.
XVII. The Sheriff shall keep the papers
which come to his Office from District Court
separate from those which comefrom superior
Court He shall in one book enter all mesne
process from the District Court, and in an
other all final process from that Court, taking
care, however, to preserve the priority OF
lines by attachment or execution, whatever
Court the process may come from.
XVIII. 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 Dis
trict Court, and all such moneys as may be
turned over to him by any other officer, the
Sheriff shall hold under the security of his
official bond, until they shall be paid under
the order of draft of the District Judge. Aids
paid fos licenses, and such aids for approval
of contracts and instruments of apprentice
ship, and such fees for reports upon appeals
from tire District Judge, as the Judge may
direct the Clerk to receive, and the Clerk may
receive and all other moneys belong ng to
the District Court Fund, whether collected
first blythe Clerk or turned over to him by
some oa1er officer who had collected them,
which may come to the hands of the Clerks
the Clerk shall hold, under the security of his