Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1866-01-10

! aud if necessary to be adjourned from wee
to week; at which, besides any business tha
may be done at q monthly sitting, may b
tried cases of summary process pending il
the Court ). civil suits, above the summar
jurisdiction,I wherein one or both of the par
ties are persons of color. cases of crime o
felony punishable by death without benefit Q
clergy, of which persons of color may be &C
!. cused, and any other matters pending in tn
Court. The proceedingsin the cases several
| " shall be, in general, similar to those il
like cases in the Superior Court of Law, sub
iect to the diveEsities in form which may b
produced by the rules adopted BY tho Cour
I of Appeals, as hereinafter provided.
XVII. For each quarterly sitting, Juror
shall be drawn at monthly sitting, not mori
than forty nor less than ten days before sucl
quarterly sitting, who shall, under venire
be summond by the Sheriff five days preced
ing the time whichmay. be fixed for the com
mencement of the quarterly sitting. With
yicw to these Jurors, once everytwo year,
alist, shall be procured from the Tax Col,ec
tor: from thai the names Of all Jurors quail
| fed t. sit as Jurors in the Superior Court
81 sll be entered on tickets, and from these
tickets there shall be drawn, for each guar
terly sitting, twenty -four, to be copied in tfit
panel annexed. lAtathe quarterly sitting
from those. .of'the twenty-four who ATTEND
eight shall be drawn, in onen Court, who
shall constitute Grand Jury, and twelve
shall be drawn, who shall constitute Petit
Jnry Of six. to be called. a Special Jury, and
six su supernumeraries. or the Grand Jurors
the concurrence rel q Of SIX shall be necessary tc
the finding of true bill. In the Special
Jury, unanimitypf the siS shall be required
for d verdict. At the opening Of . tsial, iIea
capitat case, at least twelve Jurors shall be
present, and. of.tbese the accused may make
pe-e,nptory challenges until the numher shall
be reduced to six. At the opening of trial
in civil suit, OF in criminal case not capi
,al. not more than ten Jurors need be present,
and each party alternately in a civil suit,
and the accused, in @ criminal case, not capi.
tel, may make peremptory challenges, until
the Jury Of siS is left. IF there should not
be sufficient reduction by challenges, the six
shall be ascertained by drawing. An INSULT
cient numb in any instance shall be sup
piled by Jurors W h6m the Sheriff shall sum
mon, of the came persons, and in the same
wav, MS has been hereinbefore provided III
respect to q Common Jury. A Special Jury
may 90 anything for which. c Cannon ,hury
is competent. Challenges for cause at either
the monthly or quarterly sittings shall be
unlimited. A separate jurybox shall be prov!d
I'd for The District Court, aud in respect to IN
ries. the orders of Court duties Of Tax Coilec-
t,r, Sacr:F and plerk, pay Of Jurors, penalties
fordef.u!t, and ell laws and prqptice sha! !, With
such notifications as tho provisions herein
made, aud the r:'es adopted BY tbe Court Of
Appeals, may render necessary, be the same
in the D:ssr:cs Court as in the Superior Court.
XVIII. The Judge shall take care, by prop
cr arrangements of the order Of business, and
by discliarging all Jurors wLo may be present
above the necessary number, TO reduce the
expenses of his Court rs much as Jastice will
permit. Each Juror shall receive from the
Clerk certificate signed oy the Clark, and
count ersigncd by the JuG.o, fos spen sam as
for like services he would have received if q
juror of the Superior Court and this sum
shall be paid under the order Of the District
Court Judge. In like manner, there shall be
a certificate aud payment for any Constable
that msy attend the Court under the order
sof me Sheriff, ofSUhom there shaH not be
morc.than three without The oIdtr Of the
Judge, wh hich Shai be granted only IN cases
of necessity. Tie Clerk shall enter on the
Journal of tlo Court roll containing the
,an,es af i've JnrYrs and Con>ablcs, who
receive ccr:ilicat's, viii. tllp suhis paia to
them respectively, nnd copies Of tho rolls for
The year preceding. the Clerk shal annually.
after the quarterly lifting in each year, which
erls mex; before the regular session OF the
General Assembly, transmit to the Treasurer.
A condensel sle,ement of all the ro'ls fer
all tie uisirilts of the stalf s!sll be pom
tained in tue annual report 0f the Treasurer
XIX. The Judges Of tho Court of Appeals
shall. frum time to time; fix the days Hpcu
which the quarterly sittings of the Dis rict
Court in each District shall convene, avoid
iirs, as far as possible, interference with the
Superior Court in that District or ncighbor-
in. Districts, giving public notice OF the scv-
eral days fixed, aud making no unnecessary
changes. .....,..
gg. The District CcuFt ..tsl have cFcia
siye jurisdiction, subject to appeal Of all
matters of equity, wherein one or both of the
parties are persons of color. These matters
shall be heard and Determined by The District
Judge at quarterly sitting, or at such other
time as With his concurrcDre the parties ,na i
fix, with an appeal frem the Chancellor 90
Circuit. To respect to them, the Commits.
,sioner in Equity for the District shall regard
the Judge of the District Court as he does Q
Chancellor, in respect to matters in the Su
pcrior Court of Equ ty; and in both of these
Courts, the law, practice, fees, modes of pro.
csedipr, Md effect Of orders and process
shall be, as nearly as laay be, The samp.
MI. The Judge Of a District Court may
practice as an Attorney or Solicitor in the
Superior Courts Of Law and Equity, excep,
in cases which have been argued before .hir.
or heard in his Court, but be shall rot ba7e
partner 10 the practice in the District ot
which he is the Judge. =
XXI. The Clerk Of a District Court shall
attend the .mQnthly and quarterly sittings o.
the Court, and all other sittpgs at which thf
Judge shall require him 10 a!iond. He shal
keep full and exact journal Of every order
decision, verdict. sentence and net Of the
Court; 6aying one bcok for civil suits, in
which only white persons are parties; second
q book for yagrancy and bsstardy E third, :
book for civil suits, in which psrsons OF colo,
are parties; and fourth, for. criminal mat
ters, Affecting persons Of cclor. All process
from the Court shall be signed by him anG
be scaled. All papers which come into hi'
eifice shall be carefully kept, aad those which
are 10 remain there shalhbe arranged, LABEL
ed and filed away, as nearly as,may be, ac
cording to the directions given BY law, con
cerring papers of the Superior Courts.
XXl1I. The Judge shall himself Keep 6
journal Of all 5rderaa. arrisjons, san.enees ani
acts Of the Court when in absence oftht
Clerk he is sitting. without. a Jury,s whicl
Journal shall. from time to time, at least ono.
a quarter, ke Gl=a in the Clerks office. IL
n., gLsn uecassarr ain6int a fjlerk s,n,