The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1866-01-17
District Courts,
An ACT TO. ESTABLISH. DISTRICT
COURTS, ~ --s-

AM ACT-eIO. ESTABLISH DISTRICT
COURTS. ~ >-s~
y Beit enacted sde the. Senate and House o7
sprsSeiltGtioeS, noa0 met AID sitting IN Gene
raj Assem6lg, and By. the qutto4Itys Of the
same, as follows
l. In each Judicial District of the State,
except Charleston, there shall be established
aDistrict Court, whichSsha}i be organized by
the Judge thereof as soon: as possible: after
his election; except in the judicial District
of Charleston, there shall be established two
District Courts, one for the Election District
of Charleston, and one for the ,Eeetion Dis
trict Of Berkeley. $1,000
L. The Judge Of each District Court shall
receive. from the Treasurer of the State, a
SALARY Of FIVE hundred dollars year, payable
quarterly and Shall be entitled, for a further
compensation, to receive, annually, from the
District Gourt Fugd, as hereafter prescribed,
an additional sum aSefoliORs: For Abbeville
District seven hundred dollars ) Barnweh
District seven hundred dollars G0flQtop
District, one thousand dollars !; Chester Dis
trict, FIVE hundred dollars = Darlington Bis
trict, FIVE hundred dollars Edgetield Dis
trict, eight hundred dollars; Fairfield Dis
,tricE, Eve hundred collars ;GeorgeteWn, Dis
trict, one thousand dollars Laurens District,
6Ee hundred dollars NewberFy- District five
hundred dollars; 0rangeburg District, Eve
hundred dollars :. .Richiand District, one thou
sand dollars Sumter District scren hundred
dollars Union District, Eve hundred dollars;
York District live handred dollars; Williams
burg District, FIVE hundred dollars Berkeley
Election District, one Thousand dollars; Char
IeSton Election District; one Thousand dollars
d. %t l.>ll
shaw District, i've hundred dollars aud for
the District Judge of each Of the other Judi
eiaI Esstrfets-of this State, the sum Of five
hundred dollars Psoridea, Aoa0eUcr, That IN
case the District Court Fundsin any District
shall prove insufficient for the purpose for
such additional colDpeRsation, 2ass IS heretn-
provided, no claim for the whole, OF any part,
of such additional compensation upon the
Treasury of the State sh&l srise by reason Of
such deficiency Ind pn0s5&e29f5 :@3sa,, That
the time when the salaries herein p? orlded
fof, shalt commence, shall be when the. Court
is organized, and the Judge empowered to
execute this Act < < -
III. For each District Court the Clerk and
Sheriff Of the District stall respectively be
Clerk and Sheriff; and may act IN person, or
by deputy, whenever, in this Act or. other
Acts passed at. this Session, oile@oE these efn-
GERS is mentioned, either he or his deputy, is
meant, unless the context shows that he him
self is intended: - .
>. ". The Judge, Clerk and Sheriff ola Dis
trief Court, shall each, before entering on the
duties Of his Office, take the Official oath pre-
kcFibed in the Constitution Of the State, and
also the f1llowiug cath, to wit 81 solelnnly
swear, efaffEiAf that, as sGdge, Clerk or
ShsriE aS the case may be, Of. the District
CatiFl for he-District Of = I will earn,
esEly endeavor to do what is required of me
by law, and without prejudice for or. against
race ereoIoE, to conduct RegseG as becomes
sn apright and faithful officer. These 0athS
shall be endorsed on tae commission or GER
Eifcate Of appointment of,the Office, and with
it 5e-enteFed on the Journal Of the District
Court. : = = - =
:. Y. The Office of every Magistrate now ia.
Office SHAH continue according TO the forms of
sppointnIent under which it iSsaeld, with the
power and tights now by law attaching and
Incident 0 such office, The Magistrates who
are appointed to exercise the powers and dn-s
ties, aad to have the rights imposed by this
AcEaad the Act entitled IAN Act to-estab-
ish and regulate the domestic relations of per-
sons of color and to anead the law in rela-
ton to paapersahd EagFancy," l." shall be ap-
pointed in every District by the District
Judge thereof, By and with the advice and
consent Of a. majority of the delegation Of such
District in the General Assembly, In such
manner and so located as the condition of the
District may, from time to time, require and
such Magistrates shall have all the powers
and rights, and may exercise all the duties OF
Magistrates, by law conferred on Magistrates.
Fash Magistrate so appointed shall, before en-
teling on the duties of his Office, take before
the Clerk of the District the oaths hereto-
fore prescribed for the District Judge, and al
so the oath prescribed in the second section
of the ''Act concerning the office and duties
Of Magistrates" passed A. D. 1889, and shall
sign roll as required in that section. The
term of his Office shall be four years from the
day he signed the roll
VI. The sum which limits the proceedings
By summary process is enlarged to one hun
dred dollars exclusive Of costs. In every case
under that proceeding, either party may be a
witness in his own behalf, or may be required
by the adverse party to testify, either by be-
ing served with SUBPOENA, or by being call
ed up under q commission, in like manner as
in like circumstances another witness IN the
case could be the practice now prevailing In
reference toZiRterrogatories propounded to an
adverse party not being hereby interfered
WITH And in every such case no person
shall be held incompetent as witness be-
cause of interest. Of all such cases, where
both the parties litigant are white persons,
there shall be concurrent jurisdiction in the
Superior Court of Law, and in the District
Court all laws, rules, fees powers and prac-
tiee in respect to such cases which may pre-
vail in the Superior Court being extended to
the District Court,