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

WI. The District Court shall have eXclu-
sive Jurisdiction, subject to appeal of all civil
causes where one or both of the parties are
persons of color, and of all criminal cases
wherein the accused is person Of color, and
also of all cases of mlSdemeanor affecting the
person or property of a person Of color, and
of all cases of bastardy, and all cases Of va
grancy, not tried before a MagiStrate In
these cases, the saaelaws, fees powers and
practice shall prevail in the District Court as
in the Superior Court, except as to Juries,
! concerning which provision is hereinafter
made, and except as to matters of form, con-
| cerning which power is hereinafter given to
the Court of Appeals In the District Court,
prosecutions shall be conducted by the At
! tornY-General, or Solicitor of the Circuit to
which the District belongs, or by deputy
| appointed by such Attorney-General or Solic-
I itor, or, in the absence of all Of these, by an
Attorney appointed by the District Judge.
| Whenever any case affecting the person OF
! property of a person of color, which arises
/ within the District of a District Judge, that
Judge may have an interest; the process may
| be made returnable, and the case be tried be-
| re the District Court of an adjoining Dis
trict which the plaintiff or actor in the case
may select. ....>
+ VIII. The District Court shall have the
same power and jurisdiction as the Superior
Court of Law in reference to Constables, Ju-
| rors, punishment of contempt. The District
C .urt shall have power in all cases Of tenants
holding over, cases Of forcible entry and de-
tainer, cases under The Insolvent Debtors
Acts, where the arrest and detention are un-
der the process ofa District Court, all cases
under the Prison Bound Act, and all matters
of District police the practice being always
conforued, in general, to that of the Superior
Court, subject to the rules which may be
made by the Court ofAppeals, -,
- TX. The Judge Of a district Court shall, in
all respects, have the power of Magistrate
for his District. He shall exercise superVis-
ion over the Clerk and Sheriff of his Court,
the Coroner, all Magistrates, Constablcs,
Boards of Commissioners and other public
functionaries Of bis District J and from him
to any of them may proceed orders, rules and
attachments, or wrts of mandamus, prohibi-
tion certl0rGTl, gao 1cGrTaq,t0 or Scire fae3aS.
~ x. The Judge of District Court shall have
the powers IN respect 10 ha6eas c04pus which
two Magistrates have under the ninth Sec
tion of the Act concerning the Office and du
ties of Magistrates" passed A. D.s-lS39 he
may admit to bail in all cases bailable, and in
an cases triable in his Court, and may also
exercise jurisdiction under hG1eDS corpus at
common law in all cases within his District,
where the liberty Of a person OF color Is res
trained, or the liberty Of any person IS res
trained by a pefsen of color and IN ali cases
within Ills District, which affect white persons
only, except that he shall not have the power
of Judge Of Superior Court TO. discharge
or let to bail q white person charged with
felony not cierggable, against whom q true
bill has been found. ~ L. e.. - .~'-< -.
XI. The Judge Of District Court shall
have the power which is given to two Magis--
trates BY the Act of .1787, concerning sTag-
rants and shall likewise have the power
which two Magistrates have under the twen-
ty-third section Of the 'Act concerning the
Office and duties of Magistrates, passed A. o.
1889, in respect to tenants holding over ;~and
in. a.the case OF tenant holding ever, or Of an
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 inquest by
a jury before one or more Magistrates, the
District Judge may either proceedsto organize
a Jury, as Magistrates are directed to do, and
have trial before himself at place to, be ap-
poiRted by him, or may take the case into his
there, as il, hereinafter provided; :; and the
verdict had in either course shah have all the
effect which any verdict before Magistrates
would2haHe; an appeal may be taken by either
party to Circuit Judge 1t Chambers, or In
open Court, from the decision of the District
Court on the trial Of any case between land
lord and tenant, or of forclble entry and de-,
tainer PFouid6d,~ That notice Of the appeal
shall Jbegiven In writing TO the District Judge,
and to the opposite party, or his attorney,
within twenty -four heuis after the DECISION
shall have been rendered, and that time, not
exceeding twenty days, shall be stated in the
netice, as the time at which the application to
hear the appeal viii be made; which notice
shall state before what Judge and what place
the application. will be made. 1t shall be the
duty of the District Judge on whom the no.
tice of appeal may be served, 10 deliver to the
appallapt.or his attorney, within two days
after service of such notice, certified copy OF
all the proceedings in the case, and for such
certificate and copy, the Clerk of the District
Court shall be entitled to charge as costs, IN
the case, fifty cents for the certificate and one
mill for each word Of such copy. The Judge,
before whom the appeal shall be heard, shall
have the power Tto reverse the decision, II
there be 70 eridence upon which to sustain it,
in cases ahegs the decision shall be for the
plaRs oF actot9 or may in any case grant
new trial, or order an issue made up to be
tried in the Circuit Court.
XII. The District Court shall be always
open, and shall be Court Of Record; ordi-
narily, i: shall sit in the Court Room of the
District Court House, except in the District
of Berkeley. A place near by shall be PFC
vided by tie Commissioners Of Public Build
ings for it's sittingS, when the Court Room
may be occupied by the superior Court
For any sitting, except the quarterly sittings
hereinafter mentioned, the DISTRICT Judge
may, however, appoint any place in the Dis
trict; and these. parties, witnesses, Jurors and
other persons concerned, shall be bound, hav-
ing due notice, to attend every summons,
notice and process being, however, understood
to require attendance at the Court House, If
another place be not specified.
XIII. Alljudgements and DEGREES obtained
in the District Court, the effect ofwhich would
be to create lieu on the property of the de-
fendant, shall be entered up at such times as
Judgment obtained nthc Circuit Court thence
next ensninS may be entered up. =.
XIV. On the first Monday of every month
IA nF