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

queetlOH WIS u pattJs VI "ho'e'" ~" S"S'o
was coll.teralIy tried in a case between
other parties may be received in evidence,
but shall not be conclusive, or have weight
brvond what, under the circumstances, the
Jury may give.
XXXlV. An action or legal proceeding,
not involving the title to land, IN which
person Of color is plaintiff or defendant,
must he commenced rs below specified, or
it will be barred, namely: An action found.
cd upon a tort within three months from
the time the cause of action arose; an ac-
ton founded upon contract not in writing
within six months from the time the cause
Of action arose; an action founded upon
contract in writing, wherein the debt or
damages do not exceed two hundred dol
lars, within twelve months from the time
the cause of action arose except that, first,
payment Of part, with distinct ncknow-
ledgment Of balance due. or an express
promise to pay we'll defined sum. shall
constitute u new era from which the period
Of limitation shall ,un on - matter Of COIL
tract. Second. that if any legal proceed
ing shall be commenced within the LIMITED
period, in good faith. for recovery upon
tort or contract, and shall terminate, with
out judgment for the plaintiff, its termina-
tion shall constitute the period hon which
the time shall lie counted. Third, that
these shall not be inclu'l.d in the cnmpu-
talion of time between the death Of q white
rerson, defendant. and grant Of administra.
tion or probate TO his personal representa-
tive. Nor, fourth, tho time during which
an executor or administrator and defendant
is by law protected from suit. Nor. fifth,
In
defendant, may he absent from the District
in which the cause Of action arose or may
be absconding in that District.
HNXV. tn reference to wills, executors
and administrators, distribution of estates
after payment Of debts, the rights and
rem"dies Of legatces aud next kin. and all
other matters relating to testators and in
testatcs, the same which applies to white
persons shall extend to persons Of color.
XXXVI. To the District Court there
shall he an appeal from the Ordinary in
respect to matters which affect persons Of
color, 10 lie conducted us in like case is an
appeal to a Superior Court. An appeal
from 81 Magistrate shall 60 10 the District
'Cou't, the appellant paying in cash, to tile
Magistrate, one dollar, rs fec for the re-
port. An appeal from The District Court.
or District Judge, shall 60 to the Court Of
Appeals, the appellant paying, in cash, two
dollars for the report, which shall 20 to the
District Court Fund. No order of any
Courts or Judge in this Stale, shall require
printing by party 10 n suit Of any report,
brief or other parer connected with ap-
peals.
XXXE1I. The various Boards Of Com
nissioners for the District, instead of the
reports heretofore made 10 the Superior
Court Of Law, shall. on the first day of tho
first quarterly sitting Of the District Court,
in each year, make such reports to the Dis.
trict Court. TIE District Judge shall, him.
self, examine these reports carefully, see
that they contain full statement of trans,
actions fo' the year preceding, as we'll as a
corre It account ofrrceipts and expenditures,
and point out orrors and omissions. lie
may also refer them to the Grand Jury, in
his Court, and shall make each order, in
reference TO them, rs he may think likely
TO secure in future accurate conformity to
law.
XXXVIII. In case Of the vacancy Of
the Office of District Judge, by death.
resignation or otherwise, the Governor shall
Immediately appoint successor, who shall!
continue in Office until Judge shall lie
elected by tile Legislature, and shall take
the oaths Of Office. The District Judge.
during his continuance in office, shall hold
no other office of profit or trust in this
State, or the United States.
XXXlX. In all process and plcadings
in the District Court, the largest liberty Of
amendment, consistent with fairness, shall
te allowed Iu1ict menfs sJ,oII l,a ron,,;.oI
to contain only SO much as will give 70 the
accused easonableinformation of the charge
against Which he is to defend himself; sub
stance, and not form, shall be looked to;
and technical requirements shall not he
permitted to hinder or delay the admins
trati"n Of justice.
AL.sThe Judges ofthe Court Of Appeals
shall, from time to slime, make rules for til.
orderly and uniform transaction of ln<in-ss
and conduct of cases in the several Di<lric,
Courts Of the State, and shall p, e.crbe forms
short and simple for Tho conduct of busi-
ness. and for the assistance Of officers and
others connected with these Courts.
FEES.
ALl. The fees of officers for all services
which are required by this Act, or either
of the other Acts mentioned in the "Act
preliminary to. the legislation induced by
the emancipation Of Slaves" and for Which
ITO special provision is made in any of these
Acts, shall I've the same as now prescribed
by law for like services, except as is hercin-
after pHovided.
XIII. Tho Attorney General, Solicitor,
Deputy Of either, or other District A,tor-
ney, shall have: