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

matters, civil and criminal; between persons
of color, between white persons and persons
Of color, between master and servant, between
master and apprentice, and between employer
and laborer. Petty misdemeanors, imputed
to persons of color, complaints by persons o1
color against white persons of misdemeanors,
for which fine not exceeding twenty dollars
is a sufficient punishment, civil suits, involv'
ing not more than twenty, dollars, i'll which a
person of color is party, and questions con-
corning vagrants and paupers not requiring a
jury. ANY business to which Judge at
! Chambers is competent, and other business
| which does not require jury, may also be
done; besides all business which may be done,
as aforesaid, may also, at this sitting of the
District Court, be tried cases Of aggravated
misdemeanors and clergyable feonies, ofwhich
I persons of color may be accused, and of mis-
! deneanors requiring punishment exceeding o
! fine of twenty dollars, and affecting the per-
son or property of person of color, Of which
white persons may be accused. These cases
may be tried by common jury, organized as
hereinafter provided, and, in case of oonvic-
tion, punishment shall be awarded by the
Judge, according to the practice of the Supe-
rior Court of Law At this sitting may also
under the Prison Bound or Insolyent Debtor
Act, which are hereinbefore mentioned, and
any issue in civil suit ordered to be tried
before common jury. T. '.-,:r.
XIV. Previous to monthly sitting, if the
| nature Of the business shall require Jury,
the Judge shall direct the Sheriff to summon
a Common Jury. Thereppon, the Sheriff
| shall return the names of eighteen citizens of
the 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 Jury so drawn shall be summoned by the
Sheriff, and served with tickets, at least FIVE
days before they are required to attend; and
they shall be bound to attend under the pen
alties which may fall upon defaulting Jurors
in the Superior Court of Law. Ofthose who
attend, six shall be drawn in open Court, of
whom the four first drawn shall constitute
the Common Jury for that sitting, the other
two being supernumeraries, to supply vacaR-
cies. The others who may attend shall be
discharged without pay but the six drawn
shall be entitled to like pay as Jurors in the
Superior Court ofLaw. Ifless than six, out
of the nine summoned, should attend, the
Sheriff shall summon a sufficient number that
may be drawn Of the original eighteen, or in
case of their insuficency, of any other citi-
zens.s ProClded, No person shall be required
to attend as Jnror more than once in six
months The right "a 4li-+-ssv E1cT cTeurpUoTIFy
one Juror is given to the accused and to the
prosecuting officer in any criminal case triable
before Jury, at monthly sitting; and the
same right is given to each party in a civil
suit there triable; unanimity of the four Jn-
rors shall be requisite for verdict >-
XVI. Four times year there shall be a
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 monthly sitting, may be
tried cases of summary process pending in the
Court; civil suits, above the summary juris-
6iction, wherein one or both of the parties are
persons Of color, cases Of crime or felony pun
ishable by death without 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 cases in the
Superior Court of Law, subject to the diver
sites 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 monthly sitting, not more
than forty nor less than ten days before such
quarterly sitting, who shall, under venire,
be summoned by the Sheriff FIVE days preced-
ing the time which may be fixed for the COM
mencement of the quarterly sitting: With a
view to these Jurors, cnce in every two years
a list shall be procured from the Tax Collec-
tor: from that the names of all Jurors quail
fed to sit as Jurors in the Superior Court
shall be entered on tickets, and from these
tickets there shall be drawn, forSeach quarter
" sitting, twenty -four, to be. copied in the
panel annexed. At the quarterly sitting,
from lose 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, t. DE called Special Jury, and
six supernumeraries Of the Grand Jurors,
the concurrence of six shall be necessary to
the finding of true bill. In the Special Jn--
~, unanimity ofthe six shall be required for
a verdict. At the opening of trial, in capi-
tai case, at least twelve Jurors shall be pres
ent, and of these the accused may make Pc
remptory challenges until the number shall be
reduced to six. At the opening OF trial in
CIVIL suit, or IN z CTllnlua4 case, HOL Cdplt3l,
not more than ten Jurors reed be present,
and each party alternately in civil suit, and
the accused, in a criminal case not capital,
may make peremptorv challenges until the
Jury of six is left. II there should not be
sufficient reduction by challenges, the six
shall be ascertained by drawing. An INSULT
cient number in any instance shall be sup
piled by Jurors whom the Sheriff shall summon,
of the same persons, and in the same way, as
has been hereinbefore provided in respect to
Common Jury. A Special Jury may do any
thing for which Common Jury is competent.
Challenges for cause at either the monthly or
quarterly sittings shall be unlimited. A sep
arate Jury box shall be provided for the Dis
trict Court, and in respect to Juries, the or
ders of Court, duties of Tax Collector, Sheriff
and Clerk, pay of Jurors, penalties for default,
and all laws and practice shall, with such Rodi-
fications as the~provisions herein made, and
the rules adopted by the Court of Appeals,
may render necessary, be the same in the Dis
trict Court as in the Superior Court
XVIII. The Judge shall take care, by
proper arrangements of the order of business,
and by discharglng all Jurors who may be
present above tbs necessary number; to re-
duce the expenses of his Court as much as
justice will permit Each Juror shall receive
from the Clerk q certificate signed bY the