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

IN criminal proceeding, the services shall be
rendered without instant payment land If the ae-
seused should be convicted; he shall be bound
to pay all the costs of the prosecution, and for
them be liable TO all the modes Of eSaCti6n, which
may be used for the collection of fines. IF col
lection from the convict cannot be had, then the
State shall be liable for one-half the costs Il
the accused should be acquitted, the Judge or
Magistrate before whom the trial has been had,
if he has become satisfied in the course OF the
trial that the prosecution was without pTcba bic
cause, may order that the prosecutor shall pay
the costs of the prosecution, and thereupon pro-
cess for collection shall go against the, prosect-
tor, in like manner as, in case OF conFletlon' IL
might have gone against the convict:
XLVII. For the District Court of Berkeley the
provisions of the Act shall prevail, subject to the
! following notifications, namely: The Clerk,
Sheriff, Masters and Registers in Equity, and
Ordinary for Charleston judicial District, shall
have the same powers and be subject to the same
duties and liabilities, in respect to Berkeley Dis
trict, as like officers in other Districts. An ap-
peal from the Ordinary of Charleston judicial
District, which under this Act, should go to a
District Court, shall goto the District Court OF
Berkeley, according to the rules which, if such
Election District had no Ordinary, would deter
| mine the Ordinary that should have Jurisdiction
I of the matter in queition. The various Boards
| of Commissioners in Berkeley District shall re-
port to the Court of that District, and be sub
| iect to it in Ike manner, as in other District
Boards are to their respective District Courts
The records of Berkeley District shall be kept IN
the Office of the Clerk of the Judicial District Of
| Charleston. The Judge of the District Court oi
Berkely may hold monthly and quarterly sit
ting of his Court at such places in his District as
| he N appoint, taking care to give due public
notice, and all process Of his Court shall be re-
turnable to such a place as the Judge of the
| Court may appoint, and be by suitable words
| framed accordingly. Jurors for common Iures
shall betsummoned by a Sheriff from any citizen
of the District, and for special Juries, Jurors
shall be drawn from a box. which contains the
names of all the citizens of the District, the Judge
! being at liberty to reject, of those drawn, any
! citizen who lives more than twenty miles from
! the pace where the Court is appointed to be
| held. g.. ....-.-
| -XLTIII. All the provisions of this Act will ap
| ply to the District Court of Charleston, and al
the officers of the judicial District of Charleston
! will occupy the same relations to tie District
! Court of Charleston as like officers do in other
judicial Districts to the District Court of such
Districts except as this in Act excepted in refer
euce to Berkeley District. -.
In the Senate House, the twentieth day of De
| cember, in the year of our Lord one thousand
T eight hundred and sixty-6ve. - ---.- ~
I President Of the Senate.
+ --. -. 49,. 49, C. &. SIMONT0N, 3.
| ... Speaker of the House Of Representatives.