The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1866-10-04
Acts of the General Assembly.
AN ACT TO AMEND AN Act ENTITLED San ACT TO
EsTABIIsH DISTRICT CoURTs."

Acts of the General Assembly.
AN ACT TO AMEND AN AcT ENTITLED CAN ACT TO
ESTABLISH DISTRICT COURTS"
| /. BE it enacted by the Senate and House of Rep
resentatives, now met and sitting in General AS
sembly. and by the authority of the same, as fol-
lows That en- Act to establish District Courts,
passed on the twentieth day Of December, IN the
year of our Lord one thousand eight hundred and
sixty be, and the same is hereby, repealed,
except as to its first and second sections, to wit
In each Judicial District of the State, except
Charleston, there shall be established o District
Court which shall be organized by the Judge
thereof as soon as possible after his election; ex-
cept in the Judicial District of Charleston there
shall be established two District Courts, one for the
Election District of Charleston and one for the
Election District of Berkeley. The Judge of each
District Court shall receive from the Treasurer of
the State salary of five hundred dollars year.
payable quarterly, and he shall be entitled for q
further compensation, to receive annually, from
the District Court Fund, as hereafter prescribed
an additional sum, to be paid quarterly on his own
draft, as follows: For Abbeyille District, seven
hundred dollars; Barnwell District, seven hun
dred dollars Colleton District, one thousand dol
lars; Chester District, five hundred dollars; Dar-
lington District, FIVE hundred dollars; Edgefeld
District, eight hundred dollars; Fairfield District
IL
thousand dollars; Laurens District, five hundred
dollars Newberry District, five hundred dollars;
Orangeburg District, five hundred dollars; Rich
land District, one thousand dollars Sumter Dis
trict, seven hundred dollars; Union District, five
hundred dollars; York District Eve hundred dol
lars; williamsburg District, five hundred dollars ;
Berkeley Election District, one thousand dollars
Charleston Election District, one thousand dollars
Beaufort District one thousand dollars Kersbaw
.1-.I Jo11o nd for fho n,oip ptof
judge of each of the other Judicial Districts of this
State. five hundred dollars Provided, however,
That in case the District Court Fund in any Dis
trict shall prove insufficient for the purpose for
such additional compensation, as herein provided
no claim for the whole or any part of such addi-
tional compensation, upon the Treasury of the
State. shall arise by reason of such deficiency :
Ard PROVIDED, also, That the time when the salaries
herein provided for shall commence shall be when
the COURTS organized, and the Judge is empowered
to execute this Act
II. That the District Courts heretofore estab-
lished by Law be organized by the Judge thereof,
each of the said Judges respectively, shall receive
the salary heretofore provided by law.
Ill The Clerk and Sheriff of the several Judicial
Districts of the State shall aot rs the Clerk and
Sheriff of the District Court or Courts within their
respective Districts, and may perform their duties
in person or by deputy The Judge, Clerk and
Sheriff of District Court, shall each, before en-
tcrng on the duties of his Office take the official
oath prescribed by the Constitution Of the State,
and also the oath oahs required specially to be
taken by the incumbents of such Offices in the Su-
perior Courts.
w. That the District Court shall have exclusive
jurisdiction, subject to the right of appeal to the
Appeal Court, in all cases of larceny and misde-
meanor in all cases Of vagrancy, and in all cases
of bastardy arising within the limits of the Elec-
ton District in which they are established.
v. All prosecutions in the District Courts shall
be conducted by the Attorney General or by the
Solicitor of the Circuit to which the District Court
belongs, or by deputy appointed by such Attor-
ney-General Solicitor in the absence of these,
by IN attorney appointed by the District Judge.
VI. The District Court shall have concurrent
jurisdiction, subject TO appeal as aforesaid, with
the Court of Common Pleas in all civil causes in
which the title to land is not involved, and in
which the debt sued for, or the amount Of damages
claimed, does not exceed one hundred dollars and
the sum which limits the proceedings by summary
process in all Courts of law, is enlarged to one
hundred dollars, exclusive of COSTS and exclusive
jurisdiction in all matters of contract between en-
ployer and employee, master andapprentice, where
the amount exceeds twenty dollars.
VII The Judge of the District Court shall be
prosecutions, commitments and warrants of arrest
commenced before or issued by any Magistrate
within his District, for any misdemeanor; and 1t
shall be his duty, upon application made to him,
to examine into the merits of the same at any time
before trial, and 10 direct the discontinuance
thereof, on snch terms and conditions as may seem
to him most conducive to the ends of justice; and
for this purpose he is authorized to summon before
him the parties and such witnesses as may be ne
cessary.
VIII. The Judge of the District Court shall, in
all respects have the power of Magistrate of his
District. He shall exercise supervision over the
Clerk and Sheriff of his Court in all matters ap-
pertaining to the jurisdiction and business of said
Court also over the Coroner, all Magistrates,
Constables and Boards of Commissioners of his
District, and from him to any of them may proceed
orders, rules, attachments or writs of mandamus,
prohibition certiora quo aTranto, or Sciri facias
TX. The Judge of the District Court shall have
the power. and be subject to the duties, and be
liable to the penalties, in respect to hd6eas corpus
conferred andimposed upon two Magistrates, under
the ninth section of the s.Act concerning the Office
and duties of Magistrates" passed the twenty-frst
day of December, Ammo Domni one thousand eight
hundred and thirty nine; he may admit to bail in
all cases bailabe and in all cases triable in his
Court, and may also exercise jurisdiction, under
habeas corpus, at Common Law, in all cases within
his District, except that he shall not have the pow
er to discharge or let to bail any person charged
with felony not clergyable after o true bill has
been found
X. The Judge of the District Court shall have
the power given to two Magistrates by the "Act
for the promotion of industry and for the suppress
sion of yagrants and other idle and disordery per-
sons, ratified on the twenty eighth day of March,
Ammo Domini one thousand seven hundred and
eighty-seven," and shall likewise have the power
which two Magistrates have under the twenty
third section of San Act concerning the Office and
duties of Magistrates" ratified on the twenty-frst
day of December, Ammo Domini one thousand eight
hundred and thirty mine, in respects to tenants
holding over; and, in case of tenants holding
over or of an issue of fact under the Prison Bounds
Act, or in any other case when, by law, there is
provision made for trial by Jury and one or more
AZ. In Indr q