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

citizens Of the5 District and from these,
nine shall be drawn, in the presence Of the
Judge; at least ten days before the said
monthly sitting; and the lJpry:so drawn
shall be summoned by the Sheriff, and
served With tickets, at leastp Eve days be-
fore they are required, to attend; and they
shall be bound to attend under the pealties
which may fall upon defaulting jurors in
the Superior Court Of Law. Of'those who
attend, six shall be drawn in open Court,
of whom the four first drawn shall consh'
tute the Common Jury for that sitting, the
other two being superDumeries, to supply
vacancies. The others who may asseno
shall be discharged without pays but the
six drawn shall be entitled to hike pay as
Jurors in tho SUPERIOR Court of Law. Il
less thah six, sous of the nine summoned,
should attend, the Sheriff halEaummon Q
sufficient number that may be drawn of the
original eighteen, or in case Of their insuf.
ficiency, of any other citizens, Proyided,
No person shall be required to attend as
Juror more than onoe in six months. The
right to challenge peremptorily one Juror
is given to the accused and to the prosecu'
ting officer in any criminal case triable be-
fore q Jury, at monthly sitting and the
same right IS given to each party in a civil
suit there triabie; upanimity of the foul
Jurors shall be requisite for verdict.
XVI. Four times q year there shall be 9
quarterly sitting Of the District Court to be
continued as long as business may require
and if necessary to be adjourned from week
to week; at which, besides any business
that may be done at a monthly sitting, may
be tried cases ofsummary process pending
in the Court; civil suits, above the summa
~ jurisdiction, wherein one or both Of the
parties are persons of color, cases of crime
or felony punishable. by death without the
benefit of clergy of which persons of color
may be accused, and any other matters
pending in the Court. The proceedings in
the cases severally shall be, in general,
similar to those in like causes in the Supe.
rior Court of Law, subject to the diversi.
ties in form which may be produced by the
rules adopted By the Court of Appeals, as
hereinafter provided,
XVII: For each quarterly sitting, Jurors
shall be drawn at u monthly sitting, not
more than forty nor less than ten days be-
fore such quarterly sitting, who shall, un-
der venire, be summoned by the Sheriff
five days preceding the time which may be
fixed for the commencement of the quarter
ly sitting. With a view to these Jurors,
once ia every two years list shall be pro.
cured from the Tax Collector; from that
the names Of all Jurors qualified to sit as
Jurors in the Superior Court, shall be en-.
tered on tickets, and from these tickets
there shall be drawn, for each quarterly
sitting, twenty four, to be copied in the
panel annexed. At the quarterly sitting,
from those of the twenty four who attend,
eight shall be drawn, in open Court, Who
shall constitute Grand Jury, and twelve
shall be drawn, who shall constitute Petit
Jury of SIX, to be called Special Jury, and
six supernumeraries, Of the Grand Ju.
rors, the concurrence of six shall be neces-
sary TO the 1ndiug uf a. sru1 bill. In the
Special Jury, unaninity of the six shall be
required for verdict At the opening of
q trial, in capital case, at least twelve Ju-
rors shall be present, and of these thea
cused may make peremptory challenges
until the number shall be reduced to six.
At the opening of a trial in a civil suit, or
in a criminal case not capital, not more than
ten Jurors need be present, and each party
alternately in civil suit, and the accused,
in a acrimiDal case, not capital, may make
challenges, untiIthe Jury of six
is left. If there should not be sufficient
reduction by challenges, the six shall be
by drawing. An Insufficient
number in any instance shall be supplied
by Jurors whom the Sheriff shall summon,
Of the same persons, and in the same way,
as has been berenbefore provided in res.
pect to common Jury. A Special Jury
may do anything for which Common Ju-
~ is competent. Challenges for cause at
either the monthly or quarterly sittings
shall be unlimited. A separate jury box
shall be provided for the District Court,
and in respect to Juries, the orders of
Court, duties of Tax Collector, Sheriff and
Clerk, pay of Jurors, penalties for default,
and all laws aud practice shall with such
notifications as the provisions herein made,
and the rules adopted by the Court of Ap-
peals, may render necessary, be the, same
"a the District Court as 10 the Spr,erior
Court
XVIII: The Judge shall take care, by
proper arrangemeDrrs of the order of bust
ness' and by disebarging all Jurors who
may oe present above the necessary num-
aer @ to reduce the expenses of his court as
much as justice will permit. Each Juror
shall receive from the Clerk certificate
sigued'by the Clerk, and couutersigued by
the Judge, for such sum as for like services
he would have received if Juror of the
Superior Court; and this sum shall be paid
under the order of the District Court Judge.
In like manner, there shall be cert i6cate
and payment for any Constable that may
attend the Court under the order of the
Sheriff, of whom there shall not be more
than three without the order of the Judge,
which shall be granted only in cases of ne.
cessity. The Clerk shall enter on the Jour-
nal of the Court roll contaioing the names
of the Jurors and Constables, who receive