The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1867-01-09
An Act

l. BE II enacted, by the Seuate and
House Of Representatives,, now met md
sitting in General Assembly, and by the
authority of the same, That so much Of
an Act, entitled "An Act to amend an
Act, entitled "An Act to establish District
Courts" ratified the twenty frs, dav OF
September, one thousand eight hundred
and sixty six, AS requires the drawing and
empanneliug of Grand Juries for the d.,
trct Courts, be, and The same is hereby
repealed, and all persons already drawn
and summoned to attend said District
Cour, as Grand Jurors are hereby reliev
Ell OF the duty OF so attending.
III. That 90 presentnent of Grand
Jury shall be necessary in any case ~ :hr
said District Courts, but it Shall be the
duty Of the Attorney General and So!ici,
tors, after inqurrng into the facts of each
case, 10 prepare Bills Of Indictment, and
present The same with the papers pertain
ing thereto TO the District Judge for his
examination, who shall order the same to
I've docke'ed for trial, If, in his judgment.
the prosecution thereof be al visabe G.
Ill. That the Juries ir the Dis,rrcr
Court, shall consist Of oae Jury OF eight
Jurors at each Qnarlerly Session, and the
venire therefor shall consist OF panel Of
sixteen; and it shall be tie duty Of the
District JGdge, 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 true TO time, and the
drawing therefrom he CONDUCTED in the
same manner as by law REQUIRED for the
Superior Courts; and in reference to the
said Juries Of the Dstric. Courts, the
manner Of summoning them. the duties
and liabilities OF the officers Of the Court
and the penalties for non attendance, and
in all other respects, the jury law of the
State shall apply.
V. That in drawing Jurors to constitute
the panel Of the Venire. it shall be com
petent for the District Judge To direct the
rejection at the time Of drawing Of the
names Of persons who are known or be-
lieved TO be dead, not resident in the Dis
trlct, over seventy Years Of age, or in any
manner disabled from discharcinp the
duties Of Juror (; and names shall be
rejected for the occasion and returned to
the Box Of persons who are known 10 be
IN the panel for the term Of the Superior
Court next ensuing the drawing, or who
have served as Jurors either in the Supe
Iior or District Courts within twelve
months preceding the drawing.
VI. That to constitute the Juries in the |
District Courts for the Term next succeed. |
ing the passing Of this Act, and for which !
the Nenire has already been issued, the !
District Judge shall order The drawing OF
sixteen from the number Of those sum
moned and in attendance, which number,
20 drawn shall constitute the panel Eor
that term, and from them shall be drawn
those who shall serve as the jury Of ,ha,
Term; and, if in any District such Veuire
shall not have been already issued, the |
District Judge shall order specal cour, |
for the drawing and shall order the Venire |
in accordance with the provisions of this
Act.
VII. That in the Dist rict Court, each
party in a civil action, and the accused
and the prosecuting officer in criminal
matter, shall he entitled TO allenge each,
two jurors: and the places OF those chaI
lenged, shall he supplied from the super
numerarIes. An insufficient number Of
jurors in any instance, shall be supy lied in
like manner as in the Superior Court.
VIII. A traverse Of an Indictment sh all
no., in the District Courts, ofitsel', operate
to continue the case.
TX. That the concluding paragraph of
the eleventh section, in the words, "and
in the District OF Beaufort, where the
Court shall be helJ. alternately At the
Court Horse 10 TIE town Of Beaufort, and
at Lawtonvilie," be repealed.
y. In civil causes the defendant shall
be entitled taan Importance to the sue.
ceedIng quarterly Term OF the Court.
Xl. The Superior Court Of Equity and
the District Court shall have concurrent
JurisdIciion in all cases OF Equity; and
The Superior Courts Of Law aud the Di,
trict Court shall have concurrent iurisdic
lion nf all eases in Law. civil and criminal.
Of which, by the constitution, 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 dol
lars, the case shall be transferred to the
Court Of Common Pleas.
XIII. Matters o. Equity pending in tie
District Court, shall tie heard by the Dis
trict 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 re
spect to these matters the Commissioner
IN Equily for the District shall regard the
Judge OF the District Court as ire does
Chancellor with respect to matters in the
Superior Court Of Equity and in both Of
these Courts, the law, practice, fees, modes
Of proceeding and effect Of order and pro