The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1866-10-10
WEDNESDAY MORNING, OCTOBER 10, 1865.

may practise in the superior Court, ex-
cept 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 isa Judge. >#.G 49,.
XIV. The return day of the quarterly
session of the District Court shall be ten
days before the first day CT the sitting
thereof. ..@
XIV, All fees of the Clerk and Sheriff
shall be paid in cash, by the party re-
quiring the services, and according to
the judgment of the Court, may or may
not be recovered from the opposite par
ty. -: J..
XVI. The Clerk shall keep, separate
ly, for the District Court, the docket
rules book and journals, as prescribed by
law for the Superior Courts, to be fur
nished him by the Commissioners of
Public Buildings and shall file all papers
in the mode prescribed in seventh section
A. A., 1889, 18th Statutes at Large, p.
70, but he shall enter all judgments and
DEGREES in the book of abstracts of judy
ments and DEGREES along and in chrono-
logical order with the judgments and de-
erees of the Superior Courts. The Sher-
if shall enter all papers and sales in the
books now kept by law in his Office.
XVII. In case Of vacancy in the Of
fee of District Judge, by death, resigna-
tion or otherwise, the Governor shall i'm
mediately appoint successor, who shall
hold Office until Judge shall be appoint
ed by the Legislature, and shall have
qualified. During his continuance in Of
flee, he shall hold no other Office of profit
or trust in this State, or the United
States.
XVIII. The rules Of practice which
prevail in the Superior Courts shall be
applied to the District Court, unless
otherwise specially provided by the rules
to be made by the Court If Appeals, or
by Act of the Legislature; but no rule
or order of any Court or Judge in this
State shall require the printing by par
ty to suit of any report, brief, or otter
paper connected with appeals.
XIX. All fines imposed by the Dis
trict Court shall be paid to the Comrnis-
sioners Of Public Buildings of the: Judi.
ciaI District in which the Court is loca-
ted; but all fines imposed by the Court
of General Sessions shall constitute a
part of the District Fund, and in Charles
ton District be equally divided between
the District Courts of Charleston and
Berkeley. And the said District Fund,
in addition to the said fines, shall consist
of docket fee Of one dollar, in civil cases
in which the amount demanded is under
fifty dollars, and two dollars if the sum
demanded exceeds that amount; two
dollars in every criminal cause, and two
dollars for the report in every case of ap-
peal; the said docket fees to be paid by
the same parties who are liable for the
other fees in the case by the provisions
of this Act. 49,. =.
Xxx. The District Fund shall be held
by the Clerk of the Court, under the Sc
curlty Of his official bond. He shall keep
an exact account thereof in separate
book kept for the purpose, in which he
shall enter all money received and all
money paid on the draft of the District
Judge, without which he will make no
payment. He shall make semi.annual
returns ofsaid account to- the District
Judge, and annual returns to the Comp
troller. General, on or befare the first of
October, accompanied by vouchers.
XXI. The fees for Attorneys, Attor-
ney.General, theSolicitors and their Dep
uties, SheriffS and Clerks, shall be the
same in the District Court as now pro-
vided by law in the Superior Court. In
criminal case, if the accused be convict
ed, he shall be liable to all the costs
of prosecution. If collection from the
convict cannot be had, then the State
shall be liable for one-half of said costs.
If the accused be acquitted, the Judge
before whom the trial shall be had, if he
has become satisfied during the trial that
the prosecution was without probable
cause, may order that the prosecutor
shall pay the costs of the prosecution,
for which the Clerk shall issue execution.
As soon after the organization of the Dis
trict Court as may be practicable, the
Judge thereof shall order special Conrt,
at which he shall cause to be drawn full
panel of Grand aud Petit and Pleas Ju.
rors, in the manner prescribed by law
for the Superior Courts, and at each term
of the District Court thereafter, Jurors
shall be drawn in the manner now pre-
scribed by Law for the Superior Court
In the Senate House, the twenty first
day of September, in the year of onr
Lord one thousand eight hundred and