Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-01-12

|
the District Court as in the Superior Court. ex-
cept as to Juries. concerning which provision is
hereinafter made, and except as to matters of
form, concerning which power is hercinait
given to the Court Of Appeals. In the District
Court prosecutions shall be conducted by tho
Attorney. General, or Solicitor of the Circuit to
which tho District belongs, or by deputy ap
pointed by such Attorney General or Solicitor,
or. in the absence OF NIL of these by on Attorney
appointed by the District Judge. Whenever
any case affecting the person or property of a
person Of color. which arises within the District
Of District Judge. that Judge may have an
intcrest, the process may be made rcturnable,
and the case be tried before the District Court
Of On adjoining District which the plaintiff or
actor in the case may select
VIII. The District Court shall have the same
power and Jurisdiction rs the Superior Court of
Law in reference to Constablcs, Jurors punish
ment of contempt. The District Court shall
have power in all cases Of tenants holding over.
cases Of forcible entry and detainer, cases under
the InsoIvent Debtors Ac!s, where the arrest
and detention are under the process Of q Dis
trict Court, all cnses under the Prison Bound
Act, and all matters Of District police the
practice being always conformcd, in general, to
! TINT of the Superior Court, subject to the rules
which may be made by the Court of Appeals
| TX. The Judge of District Court shall, In
all respects. have the power OF Magistrate for
| his District. He shall exercise supervision
| owe, the Clerk and Sheriff of his Court, the
| Coroner, all Magistrates. Constables. Boards of
| n,h..
Of his District; and from HIM to any of them
may proceed orders. rules and attachments, or
! wris Of mandamus, prohibition, certiorari, quo
'carrdnto or seire facias.
n. The Judge Of District Court shall have
the powers in respect to ha5eas corpus which
TWO Magistrates have under the ninth section of
the " Act concerning the Office and duties of
Magistrates" passed A. d. 1889: he may admit
to bail in al cases bailable, and in all cases
trlable in his Court, and may also exercise ju-
risdiction under habcas corpus nt common law in
NIL cases within his District, where tho liberty
of person OF color is restrained, or the liberty
OF any person is restrained b, person Of color;
md in al cases within his District, which affect
wlntc persaus only, except that he shall not
have the power Of Judge Of Superior Court,
to discharge Or let TO bail white person charg
cd with felony not clcrgyable, against whom
q true bill hns been found.
NJ. The Judge of q Dist, ict Court shall have
the power which is given to two Magistrates by
the Act of 1877, concerning vagrants; aud shall
likewise have the power which two Magistrates
have unier the twenty-third section of the
" Act concerning the Office unl duties of Mag
isirates," passed A. ID. 1889. in respect' to ten
ants holding over; and in the case OF tenant
holding over, or Of An iesue Of fact to be tried
under the Prison Bound Act, or in my other
case where, Ivy law. there is proyision for trial
or inquest by Il jury before one or more Magis.
tratca, the District Judge may either proceed
to organize Jury, as Magistrates are directed
to do and have trial before himself ut a place
to be appointed by him. or may take the case
into his Court, and submit it to Jury organ
lied there; as is hereinafter provided and the
verdict Ind in ether course shall have all the
effect which any verdict before Magistrates
would have; an appeal may be taken by either
party to Circuit Judge at Chambers, or In
open Court, from the zdeci6on..of the District
Court on tie trial Of any case between landlord
and tenant, or Of sorcfbla ontry and detainer:
PROVIDED, That notice Of tho appeal shall be
given IN writing 10 the District Judge. and to
the opposite party, or his attorney within
twenty four hours after the decision shall have
been rendered, and that a time not exceeding
twenty days, shall be stated in the notice, as
the time Mt which the application to hear the
appeal will be made, which notice shall state
before what Judge, and what place the applica-
ton will be made. 1t shall be the duty Of the
District Judge on whom the notice of nppea,
may be served. to deliver to the appellant or his
attorney, within two days after service of such
notice. a certified COPY Of all the proceedings IN
the case, and for such certificate and copy, the
Clerk of the, District Court sbsll be entitled to
charge rs COSTS, in The case, ffty cents for the
certificate and one mill, for each word of such
| copy. The Judge, before whom tho appeal
shall be heard shall have the power to reverse
lhc DECISION, If there be no evidence upon which
to sustain it, in. cases where The decision shall
| be for the plaintiff or actor. or may in any case
grant new trial, or order al, issue made up 70
ba sfied in the Circuit Court. .,.,...,.. -.
XII, The Dispict Court ehalI be always open,
and shall be Court Of Record; oirdiuarily,it
i shall SIT in tho Court p oom of the District Court
House, except in the Diatrict Of Berkeley. A,
place near BY shall be provided by the Commits.
aoners Of Public Buildings forits sittings. whom
'he Court Room may be occupied by the Superior
Court Fsr apy sitt5iss,- except ,ihs quarterly
Hapgs here'naetcr pspdeued, the District Judge
may, however, appoint any plaeein tie District; I;
and these pat.isrs witnesses, Jurors and other
persons eonssfnea. ,hsl ps beaassaa. la,viing dus
notice. soTastsed ;;sserya Summons. notes and
process being, however 'andsrstoed to require at