Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1866-01-10

e
bles, Boards of Com gissioners and Other
public functionaries of his District; and from
him to any of them may proceed orders, rules
and attachments, or writs of mandamusr pro
hibition, certiordri, quo iearranto or .scr'
facias. 49, =, >, !,
x. The Judge Of District Court shal
have the powers in respect to habeds corpu.
which two Magistrates hare under the ninth
section CT the Act concerning the office and
duties Of Magistrates passed AID. 1889
he NAV admit to bail in all cases bailable
aud-in all cases triable in his Court, and may
alsosexercise jurisdiction under hateaa corpu.
at common law in all cases within lis Dis
srict, where the liberty of person of color
is restrained, or the .libertyiof any person il
restrained by a person of color; and in al
caseszwishin lis District, which affect white
persons only, except that he shall not have
he power Of a Judge Of q Superior Court to
discharge, OR let 70 bail q white person charged
With a /; Iony not clergyable, against whom
true bill has been found. ~ - ga.
Xl. The Judge of Q District Court shall
nave the power which is given 10 two Msgls-
trates by the Act ofsl7S1, concerning va.
IRA is and shall likewise have the power
which two Magistrates have under the twen-
ry-third section of the "Act concerning the
rffice and duties of Magistrates" passed a.
D. 1889, ia respect to tenants holding over
md in the case Of tenant holding over. OR
-,fan issue Of fact to be tried under the Prison
Bound Act. or in any other case where, by
law, there is provision for trial or inaqest by
jury before one or more Magistrates, the
District Judge may either proceed to organ
ze a Jury, as Magistrates are directed 70 90,
and have trial before himself at a place TO be
appointed by bin, or may take the case into
his Court, aud submit it TO jury organized
here, as is hereinafter provided; and the
verdict had in eitter course shall have all the
fleet which any verdict before, Magistrates
would have; an appeal na5- be taken h}
ii,her party to Circuit Judge at Chambers,
,r in open Court, from the decision of the
District Conrt on the trial Of any case be-.
tween landlord and tenant, or Of forclble en-
nv aud detainer. Prorided, That notice OF
tbe appeal shall be given in writing to the
District Judge, and to the opposite party, or
his attorney; within twenty-four hours after
he decision. shall have been rendered. .auc
hat time not exceeding twenty days, .'-l
,e stated in the notice, as thc time at Which
he application to hear the appeal viii ae
made. which nctice shall state before What
Jndge, and what place the application will
ne made. 1t shalt be the duty Of the Dis.
rict judge on whom the notice Of appeal
nav be Served. to deliver tothe appellant or
bis attorney, within two days after service Of
such notice, certified capy o. all the pro
,eclinrs in tue case, ard for such certificate
and copy. the Clerk OF the District Court
:hall be- entitled to ch rye As costs, in the
.ase fftv cents FIR the certificate and ore
mill for each word ofsuch copy. The. Judge,
',efore whom the appeal shall be beard. shall
ave the power To reverse the decision, II
there be no evidence upon which to sustain
t. in cases where the decision shall be for the
plaintiff or actor. or may in any case grant
new trial. or order an i.suc made to be
tried in Che Circuit Court. 80,
XII. The. District Court; shall be always
so3en,s end shallshe a -Gnu-t OF, Reclrd: ordl
nariiy. IN shall ait in the Court Room fstbe
District Court House. except IN the D'st'irt
# Berkeley. A place near by shall be rr',-
vided by the Commissioners # Public Build
inss for its siltings, ~ban the Court Room
NAV be occupied by the Superior Court. FOO
INV sitting. exc.p. the quarterly si.tirgs
hereinafter mentioned, the District Judge
may, however. appoint any place in the Dis
tric: AMI these parties, Witnesses Jurors
and other persona i:olGerned. shall he bound.
having due notice, To attand every suln'
mons. notice and pr1cess being, however. in:
.lerstood to require attendance at the Court
House, if another place be not specified.
XIII. All judgments and DEGREES ob'aln' d
in the District Court, the ;tifec; OF which
you'd be - create lien on the property OF
he dese. e.lant, shall be entered up at such
times as Judgment obtained in the Circuit
Court. thence rext ensuing MAJ be entered up.
NV. On the 6rst MondaF of fevery month
shall be monLAly sitting ofthc District Court,
which shall continue .asiong as the dcspatcp OF
business may require. AT this sitting may NJ
tried small and mean causes, small matters, civil
and criminal, between persons OF color, between
white persons. and persons OF color, between
master and servant, between master and ap'
prentice, and between employer aud iaborer:
Petty miademeanors, imputed to persons OF
color, complaints oy persons, Of color against
white persons Of misdcmeanors, Tor which a
fine not exceeding twenty dollars is suffi,
Gent puuish:.ent,. civil suits, Involving not
more than twenty dollars, in which a person
Of color is party, and questions concerning
vagrauts and paupers not requiring q jury.
Any business 10 which Judge at Chambers
is competent, and other business which does
not require jury, may alsobe done; besides
\ all business which may be done, as Aforesaid,
may also. 1T this sittiug Of the District Court,
be tried cases Of aggravated misdemeanors
and clcrgyable felonics, of,Sbich persons oi
color may be accused, and of misdemeanors
requiring punishment exceeding fine o!
twenty dollars, and affecting the peFsonser
property of person of color, of which white
.,ersons NAV be accused. These cases may
DO tried by common jury, organized as
hereinafter provided, and, in case OF conSic'
ion. punishment shall be awarded by the
Judge, according to the practice of the Supe
riur Court of Law. At this sitting may also
be tried cases Of tenants holding o0sri oasei
under the Prison Bound or lnsolYent Debtor
Act, which are hrrcinbefore mentioned, and
any issue in ciYil snit ordered 10 betried be
fore common Iury. ~-.- =
XIV. Previous to monthly sitting, ii the
nature Of the business shall require Jury,
the Judge stTall direct the Sheriff to summon
a Cu,umon Jury. Thereupon, the Sherifl
shall return the names Of eighteen citizens
of the DISTRICT, snd from these, nine shall be
drawn, in the prestuhe of ths Jpige, at leae,
ten days before the said monthly sittingYand
tile Jury so drawn snail be summoned by ibe
Sheriff, and ,sc:vel with tickets. at least five
days befvresthey are tcauir1a 10 sllendi aud
they shall be bound toat!eod under the ppn
sl,iss which may, fall upon detaulting Jurors
in the supefior Court Of Law. Of those who
attend, sis shall he tdFagn u. open Court, OF
!whoin the.four .fsst 4dFsWn 7ball copstitnte
thee eotnmou Jury for that sitting, the other
to b.i,, to supply, ,yaoan