Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1866-10-10

spect to habeas corpus conferred and imposed
upon two Magistrates under the ninth section
of the "Act concerning the Office and duties
of Magistrates passed the twenty first day
of December, Ammo Domini one thousand
eight hundred and thirty-nine; he may admit
to bail in all cases bailable, and in all cases
triable in his Court, and may also exercise
jurisdiction under habeas corpus at common
law in all cases within his District, except
that he shall not have the power to discharge
or let to bail any person charged with felo-
ny not clergyable, after a true bill has been
found.
Sec. 10. The Judge Of the District Court
shall have the power given to two Magistrates
by the Act for the promotion of industry,
and for the suppression of vagrants and other
idle and disorderly persons" ratified on the
twenty-eighth day Of March, Ammo Domini
one thousand seven hundred and eighty.seven,
and shall likewise have the power which two
Magistrates have under the twenty-third sec:
ton Of Gan Act concerning the Office and
duties of Magistrates" ratified on the twenty.
first day of December, Ammo Domini one
thousand eight hundred and thirty-nine, in
respect to tenants holding over, and in case
of tenants holding over, Or Of an issue of
fact under the Prison Bounds Act, or in any
other case, when by law there is provision
made for trial by Jury, and one or more
Magistrates; the District Judge may organize
a Jury as Magistrates are now directed to do,
and have tlial before himself, or may talic
the case in his own Court and submit tito a
Jury organized there as hereinafter provided.
In all such cases except those in relation to
tenants holding over, of forcible entry and
detainer, and of issues under the Prison
Bounds Act, there shall exist q right of appeal
to the Circuit Judge at Chambers or in open
Court, who shall have power to reverse the
decision, grant new trial or order an issue
to be made up to be tried in the Circuit Court.
Sec. IL. The District Court shall be q
Court of Record and shall be always open.
It shall have the same power. and jurisdiction,
subject to the right of appeal to the Appeal
Court, as the Superior Court in law in refer
ence to Constables, Jurors, and punishment
for contempt. It shall have jurisdiction in
all cases Of tenants holding over. cases of
forcibe entry and detainer, cases under the
Ipsolvent Debtors Act, where the arrest and
detention are under process of the District
Court, all cases under Prison Bounds Act,
and all matters of District Police; and the
Judge of the District Court shall have dis
cretionary power to hear and determine all
cases, civil and criminal, within the jurisdic
tion of the same without submitting them to
q Jury; Provided neither party shall demand
a. Jury trial; Provided an appeal may be
had to the Court of Appeals in all cases tried
before the said Court in which appeals are
now allowed by law from the Circuit Courts,
and in no other cases whatever. 1t ohall sit
In such place as may be furnished by the
Commissioners of Buildings, who are hereby
required to provide suitable place, which
shall be held at the Court House Of the Dis
trict, except in Berkeley, in which the place
shall be fixed by the District Judge, and in
the District OF Beaufort, where the Court shall
be held alternately at the Court House in the
town of Beaufort and at Lawtonville.
SEC. II. The District Court shall hold
quarterly sessions, and the Judges of the
Court Of Appeals Shall, from time to time,
fix the days of the quarterly session of the
District Court. They shall, also, from time
to time, make rules and prescribe short and
simple forms for the transaction of business
and the conduct OF causes in the District
Court.
Sec. l3. The Judge of the District Court
may practice in the Superior Courts, exccp!
in cases which have been argued before him.
or heard in his Court, but he shall not have
partner in the practice of Law and Equity
in the District of which he is a Judge.
Sec. II. The return day Of the quarterly
session of the District Court shall be ten days
before the first day of the sitting thereof.
Sec. Is. All fees of the Clerk and Sheriff
shall be paid in cash by the party requiring
the SERVICES, and according to the judgment
of the Court, may or may not be recovered
from the opposite party.
Sec. lG. The Clerk shall keep, separately
for the District Court the Docket, Rules
Book and Journals now. prescribed by law
for the Superior Courts, to be furnished hlul
by the Commissioners of Public Buildings
and shall file all papers in tho mode pre-
scribcd in the 7th section, A. A. 1879, lltll
Statutes at Large, page 70; but he shall en-
ter all judgments and DEGREES in the book Of
Abstracts Of Judgments and DEGREES, along
and in Chronological order with the judgments
and DEGREES OF the Superior Courts. The
Sheriff shall enter all papers and sales in the
books now kept by law in his office.
SIC. II. In case of vacancy in the office
of District Judge by death, resignation OF
otherwise, the Governor shall Immediately
appoint o successor, who shall hold office until
@ Judge shall be appointed by the Legisla-
ture, aud shall have qualified. During his
continuance in Office he shall holI no other
Office OF profit or trust in this State or the
United States.
Sec. Is. The Rules Of Practice which pre-
vail in the Superior Courts shall be applied
to the District Court, unless otherwise spe-
cially provided by the rules to be made
by the Court of Appeals, or by Act oi
the Legislature; but no rule or order
of any Court or Judge in this State
shall requresthe printing by q party to q
suit Of any report, brief or other paper con-
nected with appeals.
Sec. 10. All fines imposed by the District
Court shall be paid to the Commissioners Of
Public Buildings of the Judicial District in
which the Court is located, but all fines i'm
no,ed by the Court of General Sessions shall
constitute part of the District Fund, and in
Charleston District be equally divided between
the District Courts Of Charleston and Berke-
lev; and the aald District Fund, in addition
to the said fines, shall consist of Docket
fee of one dollar ISL in civil cases, in which
the amount demanded is under iilty dollars
(S5O) and two ($2) dollars if the sum de-
manded exceeds that amount; two dollars
iS2) in every criminal cause, and two (S2)
dollars for the Report in every case of appeal /;
the said Docket fees to be paid by the same
nartics who are liable for the other fees in
the case by the provisions of this Act.
SIC. 20. The District Fund shall be-. held
bv the Clerk Of the Court under the security
OF his official bond. he shall keep an exact
.L.,oor :, y conoroto LooE Ennt for