Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1867-01-03
ACTS PASSED BY THE LEGISLATURE.

AN ACT TO AMEND AN ACT ENTITLED IAN ACT TO
AMEND AN ACT ENTITLED AN ACT TO ESTABLISH
ss DISTRICT COURTS.
4. Be it enacted, by the Senate and House Of
Representatives, now met and sitting IN General
Assembly, and by the authority Of the same, That
so much of an Act, entitled IAN Act to amend an
Act. entitled An Act to establish District Courts, ,"
ratified the twentyfrst day of September, one thou
sand eight hundred and sixty-six, as requires the
drawing and empanneing of Grand Juries for the
District Courts, be, and the same is hereby repeal
ed, and all persons already drawn and summoned to
attend said District Court as Grand Jurors are here
by relieved of the duty of so attending,
H. That no presentment OF Grand jury shall
be necessary I'M any case in the said District Courts
but it shall be the duty Of the Attorney General
and Solicitors, after inqurng into the facts OF each
case, to prepare Bills Of Indictment, and present
the same with the papers pertaining thereto to the
District Judge for his examination, who shall order
the same to be docketed for trial. if, in his judg-
ment, the prosecution thereof be advisable.
III. That the Juries in the District Court, shall
consist of one Jury of eight Jurors at each Quar-
terly Session, and the venre therefor shall consist
of panel of sixteen; and it shall be the duty OF the
District Judge, at each Quarterly Session, to order
the drawing in open court OF the jurors to constitute
the panel Of the venire for the succeeding term.
". That there shall be kept separate Jury
Box for the District Courts, which shall be filled
from time to time, and the drawing therefrom be
conducted in the same manner as by law required
for the Superior Courts; and in reference to the
said JureS of the District Courts, the manner OF
summoning them, the duties and liabilities OF the
officers Of the Court and the penalties tor non-at
tendance and in all other respects, the jury law OF
the State shall apply
V. That in drawing Jurors to constitute the pan
ell of the Venire, it shall be competent for the Dis
trct Judge to direct the rejection at the time OF
drawing of the names of persons who are known or
believed to be dead, not resident in the District,
over seventy years of age or in any manner disabled
from discharging the duties of Juror; and names
shall be rejected for the occasion and returned to
the Box of persons who are known to be IN the
panel for the term of the Superior Court next en-
suing the drawing, or who have served as Jurors
either in the Superior or District Courts within
twelve months preceding the drawing.
VI. That to constitute the Jurles IN the District
Courts for the Term nextsucceeding the passing of
this Act, and for which the Venre has already
been issued the District Judge shallorder the draw
ing of sixteen from the number Of those summoned
and in attendance, which number, so drawn, shall
constitute the panel for that term, and from them
shall be drawn those who shall serve as the jury OF
that term; and if in any District such Venire shall
not have been already issued the District Judge
shall order special court for the drawing and shall
order the Venre in accordance with the provisions
of this Act
VII. That in the District Court each party in a
civil action and the accused and the prosecuting
officer in criminal matter, shall be entitled to chal
lcnge each two Jurors; and the places Of those cha
lenged, shall be supplied from the supernumerarles.
An insufficient number Of jurors in any instance,
shall be supplied in like manner as in the Superior
Court.
VIII. A traverse of an indictment shall not, in
the District Courts, of itself, operate to continue
the case.
TX. That the concluding paragraph of the elev-
enth section, in the words, and in the District OF
Beaufort. where the Court shall be held, alternate
" at the Court House in the town of Beaufort and
at Lawtonville, be repealed.
Y. In civil causes the defendant shall be entitled
to an Importance to the succeeding quarterly Term
of the Court.
NJ. The Superior Court of Equity and the Dis
trct Court shall have concurrent jurisdiction in all
cases of Equity; and the Superior Courts of Law
and the District Court shall have concurrent urs-
diction of all cases in Law, civil and criminal, OF
which, by the constitutions the said District Courts
have jurisdiction.
XII That in all cases now commenced in the
District Courts for services where the amount due
IS over one hundred dollars the case shall be trans
fened to the Court of Common Pleas.
XIII. Matters OF Equity pending in the Distric;
Court. shall be heard by the District Judge, at a
Quarterly Session, or at such other time as with his
Concurrence. the parties may fix, with an appeal
as from Chancellor on Circuit. With respect to
these matters the Commissioner in Equity for the
district shall regard the Judge of the District Court
a he does Chancellor with respect to matters ii
the Superior Court of Equity; and in both OF theS(
Courts the law, practices, fees, modes OF proceed
ing and effect Of order and process shall be as near
" as possible the same.
AN ACT TO ALTER THE ACT ENTITLED AN All ~
AMEND THE CRIMINAL LAW.
Bci enacted, by the Senate and House O
REPRESENTATIVES, now met and sitting i'll Genera
Assembly. and by the authority Of the same: Tha
the Act entitled AN Act to amend the Grlmlna