Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1868-10-22


persons in each county to act as Magistrates tor
such counties, which persons he shall commission
and the practice in such Magistrates Courts shall
conform to the law as heretofore existing, 50 tar as
the same is not inconsistent with this Act or with
the provisions of the Constitution of this State, as
ratified in April, 1868.
II. On receiving such commission, and before
entering upon the duties ofther Offices, such Mag
strates shall take and subscribe before the Clerk
Of the Court Of their respective counties the oath
required by Section 80, Article 2, Of the Constitu-
tion and file the same in his Office, unless in coun-
ties where such Clerks may not be qualified accor-
ding to law and in such cases the oath shall be
administered by any officer authorized to admins
ter oaths in the county where such Magistrate may
be appointed; and such oath so administered shall
s'ed in the of6ceof the Secretary Of State. And
such Magistrates may Immediately enter upon the
discharge of their duties. ''. ~"
III. Such Magistrates shall have original juris-
dction in cases Of bastardy and in all matters Of
contract and actions for the recovery Of fines and
forfeitures where the amount claimed does not ex-
ceed ninety-nine dollars; and in cases Of actions
er delicto, where the damages claimed do not ex.
ceed nnety.nine dollars; and prosecutions for as
sault and battery, and other penal oencesess than
felony, punishable by fine not exceeding ninety
nine dollars They may also sit as examining courts
and commit, discharge or recognize Except in cap
ital cases) persons charged with offences. They
shall also have power to bind over to keep the
peace, or for good behavior. For the foregoing
purposes they shall have power to issue all neces-
sary processes
". The Governor Of the State is hereby author
lied and empowered, upon such evidence as may
to him be satisfactory, to summary remove any
Magistrate Of this State ,."i-'-.. ,a''
v. Either party to suit before Magistrate
shall be entitled to trial by jury. r .t
vi. In civil cases the party may agree on jury,
but when they do not agree, and also in criminal
causes, a jury shall be selected in the following
manner; The Sheriff, Constable, or officer appoint
ed by the Magistrate, shall write and fold up eigh
teen ballots, each containing the name ofa respec-
bic voter of the vicinity he shall deliver the bal
lots to the Magistrate, who shall put them ina box
and shake them together, and the officer shall draw
ont one, and the person so drawn shall be one Of
the jury, unless challenged by either party; and
the officer shall thus proceed until he shall have
drawn six who shall not be challenged; but if the
first twelve shall be challenged and the parties do
not agree to choice the last six shall be the jury
and when any of the six jurors 80 drawn cannotbe
had, or are disqualified by law to act in such case,
and the partesd not supply the vacancy by agree.
ment, the officer shall proceed to prepare, in the
manner before directed ballots for three times the
number thus deficient, which shall be disposed Of
and drawn as above provided.
VII. IF any juror so summoned shall neglect OF
refuse to appear in obedience to such yenire, and
shall not within forty-eight hours render to the
Magistrate who issuedthe venire sufficient reason
for his delinquency, he shall forfeit and pay fine
of two dollars to the Treasury Of the county where
the cause is tried, to be assessed by such Magis.
trate, and collected on his warrant without other
process. =. a!4
VIII. An appeal from the judgment of a Mag.
strate to the next stated term of the Circuit Court
in the county where the Judgments rendered, may
be taken by either party, if claimed within two
hours after the rendition thereof #E
X In criminal cases the party appealing shall,
at the time of the appeal, give security by way Of
recognizance to the Treasurer of the county where
the offence is charged to have been committed, il
the prosecution be on complaint of an informing
officer; ifotherwise to the prosecutor, conditioned
that the appellant shall personally appear before
said Circuit Court and there prosecute his appeal
to effect and abide the order Of the Court thereon.
X. In civil cases, the party appealing shall, at
the time of the appeal, give security by way Of re-
cognizance to the adverse party that the appellant
shall prosecute his appeal to effect and answer
and pay all intervening damages occasioned by de-
lay to the appellee, with additionsl cost, if judg-
ment be affirmed taa ~ .,sa ast.1a.
XII The appellant shall produce and enter in
the Court to which the appeal is taken, attested
copies of the original writ process, record ofjudg,
ment, and all evidence filed in the Court from which
the appeal was allowed. In the Circuit Court, the
cause shall be heard de nouo, or as if no trial had
been had. SIT
XII. The fee of each juror for trying an action
shall be twenty-five cents, to be advanced by the
party praying for jury before venire shall issue.
XIII. This Act shall take effect Immediately,
and all Acts or parts of Acts inconsistent herewith
are repealed.
In the Senate House, the twenty fourth day Of
September, in the year Of our Lord one thousand
eight hundred and sixty-eight.
L. BOOZER,
.... President of the Senate.
FL. MOSES, JR.,
Speaker House of Representatives
Approved: ROBERT K. SCOTT, Governor.
MAKING GLASS EYES.