Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1866-10-04
4tts Of tie Gegislature
AT THE EXTRA SESSION OF 1866.
AN ACT to amend an Act entitled "An
Act to establish District Courts"

sitting in General Assembly, and by the
authority of the same, as follows: That an
Act to establish District Courts, passed on
the twentieth day of December, in the
year of our Lord one thousand eight hun.
dred and sixty. five, be, and the same is
hereby repealed, except as to its first and
second sections, to wit: In each Judicial
District of the State, except Charleston,
there shall be established District Court,
which shall be organized by the Judge
thereof as soon as possible after his election;
except in the judicial District of Charles.
ton, there shall be established two District
Courts, one for the Election District of
Charleston, and one for the Election District
of Berkeley. The Judge of each District
Court shall receive from the Treasury of
the State salary of five hundred dollars
year, payable quarterly, and he shall be
entitled, for further compensation, to re-
oeive annually from the District Court
Fund, as hereafter prescribed, an addi-
tional sum, to be paid quarterly on his own
draft, as follows: For Abbeville District,
seven hundred dollars; Barnwell District,
seven hundred dollars Colleton District,
one thousand dollars; Chester District, five
hundred dollars; Darlington District, five
hundred dollars; Edgefeld District, eight
hundred dollars; Fairfield District, five
hundred dollars; Georgetown District, one
thousand dollars; Laurens District, five
hundred dollars; Newberry District, FIVE
hundred dollars; Orangeburg District, five
hundred dollars; Richland District, one
thousand dollars; Sumter District, seven
hundred dollars; Union District, five hun
dred dollars; York District, five hundred
dollars; Williamsburg District, five hun
dred dollars; Berkeley Election District,
one thousand dollars; Charleston Election
District, one thousand dollars; Beaufort
District, one thousand dollars; Kershaw
District, FIVE hundred dollars; and for the
District Judge of each of the other Judi
cial Districts of this State, five hundred
dollars: provided, 6owever, That in case
the District Court Fund in any District
shall prove insufficient for the purpose for
such additional compensation, as herein
provided, no claim for the whole or any
part of such additional compensation, upon
the Treasury of the State, shall arise by
reason of such deficiency; And provided
also, That the time when the salaries here
in provided for shall commence, shall be
when the Court is organized, and the Judge
is empowered to execute this Act
II. That the District Courts heretofore
established by law be organized by the
Judge thereof Immediately after the pas
sage of this Act, and that each of the said
Judges, respectively, shall receive the sals-
ry heretofore provided by law.
Ill. The Clerk and Sheriff of the sever.
al judicial Districts of the State shall act
as the Clerk and Sheriff of the District
Court, or Courts, within their respective
Districts, and may perform their duties iu
person or by deputy. The Judge, Clerk
and Sheriff of District Court, shall each,
before entering on the duties of his Office,
take the official oath prescribed by the Con-
stitution of the State, and also the oath or
oatbs required specially to be taken by the
incumbents of such Offices in the Superior
Courts.
". That the District Court shall have
exclusive jurisdiction, subject to the right
of appeal to the Appeal Court, in all cases
of larceny and misdemeanor, in all cases of
vagrancy, and in all cases of bastardy aris-
ing within the limits of the Election Dis
trict in which they are established.
V. All prosecutions in the District Courts
shall be conducted by the Attorney. General
or by the Solicitor of the Circuit to which
the District Court belongs, or by deputy
appointed by such Attorney General or So.
licitor; or in the absence of these, by an
attorney appointed by the District Judge.
vi. The District Court shall have con-
current jurisdiction, subject to appeal as
aforesaid, with the Court of Common Pleas,
in all civil causes in which the title to land
is not involved, and in which the debt
sued for, or the amount of damages claim
ed, does not exceed one hundred dollars !;
and the sum which limits the proceedings
by summary process, in all Courts of law,
is enlarged to one hundred dollars, exclu-
sive of costs; and exclusive jurisdiction in
all matters of contract between employer
and employee, master and apprentice, where
the amount exceeds twenty dollars.
VII. The Judge of the District Court
shall be invested with power to examine
and supervise all prosecutions, commit
ments and warrants of arrest commenced
before or issued by any Magistrate within
his 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 con-
ducive to the ends of justice; and for this
purpose, he is authorized 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 exer-
else supervision over the Clerk and Sheriff
of his Court in all matters appertaining to
the jurisdiction and business of said Court !;
also over the Coroner, all Magistrates, Con-
stables and Boards of Commissioners of his
District, and from him to any of them may
proceed orders, rules, attachments or writs
of mandamus, prohibition, certiorari, quo