Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-11-30
ABBEVIIIE S. c., FRIDAY, NOVEMBER &c. 1866

| Oily 10 'eStaollSn District Courts, and these
/ Courts must bo continued until the Con-
stitution is amended in the prescribed
manner, or the instrument itsell'will be VIC
lated. In order. that the largest discretion
may be allowed the General Assembly, in
devlsing the best judiciary system to meet
our wants in the recently changed relations
OF society, l recommend that the present
General Assembly provide for an amend
ment OF the Constitution, by striking out
the third paragraph in She Article afore-
said. The next General Assembly can
consummnte the amendment. and then, the
Legislature will BIZ left, with unrestricted
discretion, to establish such superior and
Inferior Courts as, to them, shall seem
Meet. Whilst this amendment is being
consummated, the District Courts may te
put fully into operation, and one years ex.
perience will, probably, decide whether
! they are adapted to tho wants and meet
the necessities Of tho public. If they
should be found impracticable, inefficient,
or too expensive, they may be abrogated,
and some better system may be instituted.
We are thrown upon novel times, and all
! our legislation to meet our new situation
is purely experimental. 1t would not be-
wse to discard and repeal the Legislation
o each preceding session, because it fail
ed to work smoothly or give entire salts
faction. When DEFICIENCIES are discovered,
rem.dy them, BY ameat;ment or modiGca-
tion. N" human wistom ,s equal to the
| task of giving perfect system Of Courts
and Laws, when IN ancient system must
be revolutonizeJ, to correspond with raui
cal changes in sncial, domestic, indus
trial and political relations Alter
one years fair experiment, it may be
! found that the the District Cuurt is the de
sihtratum. The Act Of the las, session,
ITO amend the Act establishing Di4,rict
Courts" requires essential and leriai
amendments, 10 reduce its expenses and Sc
i cure It's efficient operation. The boundary
Of its Jurisdiction should be mote ,is,incl-
Is defined. The services of Grand jury,
; rs part of its machinery, should nc dispensed
| with; the authority conferred on the Dis
trict Judge, to examine and dismiss frivo.
icus cases, renders the existence of such
body unnecessary. There is a well defin-
ed distinction between mis.lemeanors and
| crime. It, is only when the prisoner is
charged with crime, that he is entitled to
be tried on preseu'ment found by Grand
Jury. Petty larceny, and other petty
| felonies, may be decl1rel, by statute, to be
! mislemeanors; and defendants, in all
lnisdemennors, may be tried without pre-
sentiment or true bill found by Grand
Jury. The venire for the Petit Jury
! should be reduced to eighteen. In the
District Court, it would be seldom. that
two panncls would be required; and the
Court, on such occasions, could be ON
ployed with other business not requiring
the aid of Jury. The Jury duty now
| exactcd will bo very onerous on the peo-
pie, and, as the law stands, it cannot be
performed at an expense Of less than eigh
ty, thousand dollars per annum. The
notifications suggested would reduce the
expenses to onc-third Of that sum, for
both superior and inferior Courts. The ex!
pense, to tie Treasury, Of Juries might be
| dispensed with entirely, by taxing Jury
fee in every case tried. All tr.verses and
ipparlances should be ahrogated D.. in
the District Court; aud all indictments,
recognizances and other papers, in the Su--
petior Cont, not disposed of, and 10 which
| jurisdiction is given to the District Court,
shonld he transferred to the District, and
made valid. as if originally returned TO
that Court. The District Boards should bs
required to make, their annual returns to
the Dis,ric. Judge; and it should be n,a6e
4 .tl,a- -dn,y Of the latter 10 examine the same,
aud enforce the law against them for mis-:
feassnce, malfeasance. or neglect Of duty.
When the District Judge is interested in
any case, civil or criminal, of which: bis
Court has cognizance. it should be tfana.
ferred TO the Superior Court for trial. The
Court. should be invested with exclusive
Jurisdiction, in ,csses over one buudred
dollars, only where the contract, express
or implied, between the etorioyet and ism.
1 r ~ xr1.