Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1866-10-04

Spect 10 RdOedS corpus, couierfeu auu luz
posed upon two Magistrates, under the
ninth section of the "Act concerning the
Office and duties of Magistrates" passed the
twenty first day of December, Ammo Domini,
one thousand eight hundred and thirty.
nine; be may admit to bail in all cases bail.
able, 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 power to discharge or let
to bail any person charged with felony not
clergyable after true bill has been found.
K. The Judge of the District Courts shall
have the power given to two Magistrates by
the 'sAct for the promotion ofindustry and
for the suppression of vagrauts and other
idle and disorderly persons" ratified on the
tweuty-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 "AD Act concerning
the Office and duties of Magistrates" rati-
fed on the twenty-frst day of December,
Ammo Domini, one thousand eight hundred
and thirty nine in respects to tenants hold
ing 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 Magis
trates, the District Judge may organize
Jury as Magistrates are now directed to do,
and have trial before himself, or may take
the case in his own Court, and submit to a
Jury organised there as hereinafter provi-
ded. 10 all such cases, except those in re-
lation to tenants holding over, of forcible
entry and detainer, and of issues under the
Prison Bounds Act, there shall exist right
of appeal to the Circuit Judge at Chambers,
or in open Court, who shall have power to
reverse the decision, grant new trial, or
order an issue to be made up to be tried in
the Circuit Court.
XI. The District Court shall be Court
of record, and shall be always open. 1t
shall have the same power and jurisdiction,
subject to the right of appeal to the Appeal
Court, as the Superior Court in Law in ref
ereuce to Constables, Jurors and punish
ment for contempt 1t shall have jurisdic,
ton in all cases of tenants holding over,
cases of forcible entry and detainer, cases
under the Insolvent Debtors Act, where
the arrest and detention are under process
of the District Court, all cases under Prison
Bounds Act, and all matters Of District po.
lice; and the Judge of the District Court
shall have discretionary power to hear and
determine all cases, civil and criminal, with,
in the jurisdiction of the same, without
submitting them to Jury, provided neith-
er party shall demand Jury trial /: Provi-
ded, An appeal may be had to the Court of
Appeals in all cases tried before the said
Court in which appeals are now allowed by
law from the Circuit Courts, and in no 9th
er cases whatever. 1t shall sit in such
place as may be furnished by the Commits.
sioners of Public Buildings, who are here.
by required to provide q suitable place,
which shall be held at the Court House of
the District; except in Berkely, in which
the places shall be fixed by the District
Judge; and in the District of Beaufort,
where the Courts shall be held alternately
at the Court House in the town of Beaufort
and at Lawtonville
XII. The District Court shall hold
quarterly sessions, and the Judges of the
Court of Appeals shall, from time to time,
fix the days of the quarterly session of the
District Court. They shall also, from time
to time; make rules and prescribe short and
simple forms for the transaction of business
aud the conduct of causes in the District
Court
XIII. The Judge of the District Court
may practice in the Superior Court, except
in cases which have been argued before him
or heard in his Court; but be shall not
have partner in the prartice of law and
equity in the District of which be is
Judge.
XIV. The return day of the quarterly
session of the District Court shall be ten
days before the first day of the sitting
thereof.
XIV. All fees of the Clerk and Sheriff
shall be paid in cash, by the party requiring
the services, and according to the judgment
of the Court, may or may not be recovered
from the opposite party.
XVI. The Clerk shall keep, separately,
for the District Court, the docket, rules book
and journals, as prescribed by law for the
Superior Courts, to be furnished him by
the Commissioners of Public Buildings,
and shall file all papers in the mode pre-
scribed in seventh section A. A, 1889, 1lth
Statutes at Large, p. 20, but he shall enter
all judgments and DEGREES in the book of
abstracts of judgments and DEGREES along
aud in chronological order with the judg.
ments and DEGREES of the Superior Courts.
The Sheriff shall enter all papers and sales
in the books now kept by law in his Office.
XVII. In cases of vacancy in the Office
of District Judge, by death, resignation or
otherwise, the Governor shall Immediately
appoint successor, who shall hold Office
until Judge shall be appointed by the
Legislature, and shall have qualified. Du-
ring his continuance in Office, he shall hold
no other Office of profit or trustin this State,
or the United States.
XVIII The rules of practice which pre-
vail in the Superior Courts shall be applied
to the District Court, unless otherwise
enaciallv nrovided hu tho rploa to he made