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

shall be invested with power to examine
and supervise all prosecutions, commit
ments and warrants of arrest commenced
before or issued by Magistrate within
this District, for any misdemeanor; and
it shall be his duty, upon application
made to him, to examine into the merits
of the same at any time before trial, and
to direct the discontinuance thereof on
such terms and conditions as may seem
to him most conducive to the ends of JUS
tice and for this purpose, he is author
ized to summon Before him the parties
and such witnesses as may be necessary.
VIII. The Judge of the District Court
shall, in all respects, have. the power of a
Magistrate of his District. He shall ex-
ercise supervision ever the Clerk and
Sheriff of his Court in all matters apper-
tanning to the Jurisdiction and business
Of said Court: also over the Coroner, all
Magistrates, Constables and Board of
Commissioners Of his District, and from
him to any of them may proceed orders,
rules, attachments or writs of mandamus,
prohibition, certiorari quo warranto, cr
sciri facias.
TX. The Judge of the District Court
shall have the power, and be subject to
the duties, and be liable to the penalties,
in respect to habeas corpus, conferred
and imposed upon the Magistrates, under
the ninth section of the Act concerning
the office and duties of Magistrates"
passed the twenty-frst day ofDecember,
Ammo Domini one thousand eight hun
dred and thirty-nine; he may admit to
bail in all cases bailable, and in all cases
triable in his Court, and may also exer-
else 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 felony not clergy
able after true bill has been found.
x. The Judge of the District Court
shall have the power given to two Magis-
trates by the 'Act for the promotion of
industry and for the suppression Of va
grants and other idle and disorderly per-
sons" 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
section of "An Act concerning the Office
and duties Of Magistrates" ratified on
the twenty-frst day of December, Ammo
Domini one thousand eight hundred and
thirty-nine 10 respects to tenants holding
over; and, in case of a, tenants holding
over, or of an issue Of fact under Prison
Bonds 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 Jury as
Magistrates are now directed to do, and
have a trial before himself, or may take.
the case in his own Court, and submit to
Jury organized there as hereinafter
provided. In all such cases, except those
in relation to tenants holding over, of
forcibIe entry and detainer, and of issues
under the Prison Bond Act, there shall
exist right of appeal to the Circuit
Judge at Chambers, or in cpen Court,
who shall have power to reverse the de-
cision, grant new trial, or order an is
sue to be made up to be tried in the Cir
cult Court. .>* g.. T..
XI. The District Court shall be
Court of Record, and shall be always
open.< 1t shall have the same power and
jurisdiction, subject to the right of ap-
peal to the Appeal Court, as the Superior
Court i'll Law in reference t, Constables,
Jurors and punishment for contempt.
1t shall have jurisdiction in all cases of
tenants holding over, cases Of forcible en-
try and detainer. cases under the Insol.
vent Debtors Act, where the arrest and
detention are under process of the Dis
trict Court, all cases under Prison Bonds
Act, and all matters of District police;
and the Judge Of the District Court shall
have discretionary power to hear and de-
termine all cases, civil and criminal,
within the jurisdiction of the same, with
out submitting them to Jury, provided
neither party shall demand 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 shall sit in such place as may be fur
nished by the Commissioners of Public
Buildings, who are hereby required to
provide suitable place, which shall be
held at the Court House of the District;
except in Berkeley, in which the places
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.